1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, November 27, 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. 5 4 1.1 Consider, discuss and take appropriate 8 action on request from Kerrville Pets 5 Alive! (KPA) to use the courthouse grounds on Saturday, December 9th for their annual 6 pet food drive. 7 1.2 Consider, discuss and take appropriate 9 action on Resolution recognizing the 50th 8 Anniversary of Major James Kerr Chapter of the National Society Daughters of the 9 American Revolution. 10 1.3 Consider, discuss and take appropriate 12 action regarding the removal of the cattle 11 guard near 603/604 Indian Creek in Precinct 4. 12 1.4 Consider, discuss and take appropriate 30 action to surplus radios from the Kerr County 13 Sheriff's Office(KCSO), and a rolling chair from the Auditor's Office. 14 1.5 Consider, discuss and take appropriate 32 15 action to accept the August 31, 2023 Adult Probation Statement of Financial Position 16 for filing purposes. 17 1.6 Consider, discuss and take appropriate 33 action to re-appoint Kathleen Vincent, Jeff 18 Mitchell, and Amy Palmer to Emergency Services District #3(ESD #3). Reappointments to be 19 effective beginning January 1, 2024. 20 1.7 Consider, discuss and take appropriate 35 action to accept the FY-23 State Criminal 21 Alien Assistance Program(SCAAP) grant award. Grant Number 13868424. 22 1.8 Consider, discuss and take appropriate 35 23 action on status of Hill Country Regional Public Defenders Office(HCRPDO) located at 24 550 Earl Garrett. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 41 action to approve contracts with Ingram 4 Volunteer Fire Department and Mountain Home Volunteer Fire Department. 5 1.10 Consider, discuss and take appropriate 41 6 action to progress the issue of Public Investment Districts(PID's) and possible 7 incorporation into the Kerr County Subdivision and Manufactured Home Rental Community 8 Regulations for Kerr County. 9 1.11 Consider, discuss and take appropriate 49 action regarding a request for the Court 10 to waive platting oversight and approval to the City of Kerrville for an amending 11 plat for Saddlewood Estates Section Two, Block 5, Lot 8R and Lot 9, Volume 7, Page 39. 12 1.12 Consider, discuss and take appropriate 51 13 action to amend Court Order #40313 (Abandon, Vacate and Discontinue Tucker Street) to 14 include the requirements outlined in Texas Transportation Code Section 251.058(b). 15 1.13 Consider, discuss and take appropriate 53 16 action to open and read the annual bids for road materials. 17 1.14 Consider, discuss and take appropriate 56 18 action to approve funding and the job description for Operation Lone Star 19 Temporary Crime Analyst/Digital Forensic Examiner. 20 1.15 Consider, discuss and take appropriate 57 21 action to approve funding and the job description for Operation Lone Star 22 Criminal Interdiction Deputy and to continue to fund the Criminal Interdiction Deputy 23 position if grant funding is not renewed in the next grant period. 24 1.16 Passed. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.17 Consider, discuss and take appropriate 63 action to authorize one time stipend to 4 employee(s) for assistance with Grade and Step Schedule. 5 2.1 Budget Amendments. 64 6 2.2 Pay Bills. 65 7 2.4 Auditor Reports. 65 8 2.5 Accept Monthly Reports. 66 9 2.6 Court Orders. 66 10 1.12 Consider, discuss and take appropriate 69 11 action to amend Court Order #40313 (Abandon, Vacate and Discontinue Tucker Street) to 12 include the requirements outlined in Texas Transportation Code Section 251.058(b). 13 3.3 Status reports from Liaison Commissioners. 72 14 1.15 Consider, discuss and take appropriate 73 15 action to approve funding and the job description for Operation Lone Star 16 Criminal Interdiction Deputy and to continue to fund the Criminal Interdiction Deputy 17 position if grant funding is not renewed in the next grant period. 18 5.1 Action as may be required on matters 77 19 discussed in Executive Session. 20 *** Adjournment. 84 21 *** Reporter's Certificate. 85 22 * * * * * * 23 24 25 5 1 JUDGE KELLY: Court will come to order. It 2 is Monday, November the 27th, 2023. It's 9 o'clock in 3 the morning, and the Kerr County Commissioners' Court is 4 now in session. If you would please rise for the prayer 5 and the pledge which will be led by Commissioner. 6 COMMISSIONER HARRIS: . 7 (Prayer and Pledge.) 8 JUDGE KELLY: Please be seated. First item 9 of business is I ask to turn your phone off or to 10 vibrate so it does not disturb the proceedings. And 11 with that, we have the public input part of the program 12 of the agenda. And that is for the Court to receive 13 input from the public on any matter that is not on the 14 agenda. If the item that you speak is on the agenda we 15 ask that you wait until that item is called. So with 16 that, the Court is open to anyone that would like to 17 address the Court. 18 There being no one, then we'll move on to 19 Commissioner comments. And I'll grant you a little bit 20 of relief and we'll start with Commissioner 4 today and 21 start backwards. You'll get used to this. 22 COMMISSIONER HARRIS: I don't have a whole 23 lot to report other that I hope everybody had a good 24 Thanksgiving, and spent quality time with your family 25 and loved ones. And that's all I have to say. Send a 6 1 little rain. 2 COMMISSIONER LETZ: And hopefully everybody 3 had a good holiday. I did. Very relaxing. Stayed at 4 the ranch almost the entire time, if not the entire 5 time. Hope everyone had a good holiday as well. 6 JUDGE KELLY: 2. 7 COMMISSIONER PACES: Okay. For 8 clarification the burn ban is lifted for all Precincts, 9 though we still remain in drought stage three. And urge 10 everyone to use their water carefully. But I'm very 11 grateful for the rain that we have been receiving. So 12 that's the good part. 13 I wanted to give a little update on the 14 Center Point sewer project. Most of the work has been 15 completed to tie in service connections, and certainly 16 all the major work is now done; however, unfortunately 17 due to numerous delays associated with phases two and 18 three, we missed the weather window to complete road 19 repairs other than temporary cold mix repairs and we're 20 going to have to wait for better weather in the spring 21 probably to remobilize the paving contractor. 22 But again anybody who needs to make a claim 23 for damages or a warranty issue should still contact 24 GrantWorks, Rosie Daly, at 512-957-1465 between the 25 hours of 8 a.m. and 4 p.m. on weekdays. We are looking 7 1 at the possibility of a very small phase four. Funds 2 are available, but we have got about ten million funds 3 left for the overall project. But this would be a very 4 small attempt to just get people connected who missed 5 the opportunity to sign up either any of the initial 6 phases. So they'll be more to come on that, and of 7 course it's up to the Court. 8 I do want to knowledge our and thank our 9 maintenance department for their efforts to decorate 10 courthouse grounds. And especially with all the other 11 decorations around downtown, boy it's beginning to look 12 a lot like Christmas. So that's really great. And I 13 commend the City that did an excellent job with the 14 Christmas parades, and the tree lighting ceremony. 15 I had the pleasure of driving one of those 16 floats. And I was frankly amazed at how many people 17 turned out for the parade. It was packed, especially in 18 the downtown area. So a lot of people enjoying the 19 festivities, which I certainly did, too. And that's all 20 I've got. 21 JUDGE KELLY: Very good. Precinct 1. 22 MRS. OVERBY: And I had a great 23 Thanksgiving. I hope everybody else did as well. I 24 still have the lingering feeling that I need dessert 25 with every meal, and I'm hopefully that that passes 8 1 quickly. 2 I went to the Christmas parade as well. And 3 I was down on Earl Garrett Street. And it was gorgeous. 4 It was a great production for our small town, to have 5 going by. I was amazed by how much work goes into 6 lighting everyone of those things going by. So anyway. 7 Totally enjoyed that and hope everybody had a good 8 Thanksgiving as well. 9 JUDGE KELLY: Good. Okay, with that we'll 10 move on to the consideration agenda. First item on the 11 agenda is 1.1 consider, discuss and take appropriate 12 action on request from Kerrville Pets Alive! (KPA) to 13 use the courthouse grounds on Saturday, December 9th for 14 their annual pet food drive. Miss Guerriero. 15 MRS. GUERRIERO: Good morning, Judge and 16 Commissioners. My name's Karen Guerriero, I'm with 17 Kerrville Pets Alive. My address is 307 Lakewood in 18 Kerrville. 19 I'm here to request the use of courthouse 20 grounds this Saturday and Sunday, December the 9th and 21 10th from 8 a.m. to 4 p.m. on Saturday, and from noon to 22 4 p.m. on Sunday for our annual pet food drive. We do 23 this annually and we bring in thousands of pounds of pet 24 food, and we distribute it to pet owners in need in Kerr 25 County. We feel like people and pets are extremely 9 1 important in our community. And we feel like it's a 2 great way to support them during the holiday season. 3 COMMISSIONER PACES: I move to approve the 4 request from Kerrville Pets Alive! to use the courthouse 5 grounds on Saturday, December 9th and Sunday, December 6 10th for their annual pet food drive. 7 COMMISSIONER OVERBY: I second that motion. 8 JUDGE KELLY: We have a motion and a second. 9 Is there any discussion? Those in favor say aye. 10 Opposed? Unanimous. 11 Thank you Miss Guerriero. 12 MRS. GUERRIERO: Thank you. I would like to 13 mention also on December the 8th that we're also going 14 to have a free vaccine and microchip clinic from 3 to 5 15 p.m. on Friday at Town and Country Animal Hospital. You 16 can look at our website KerrvillePetsAlive.org for more 17 information. 18 JUDGE KELLY: Thank you. 19 MRS. GUERRIERO: Thank you. 20 JUDGE KELLY: Next item is 1.2 consider, 21 discuss and take appropriate action on Resolution 22 recognizing the 50th Anniversary of Major James Kerr 23 Chapter of the National Society Daughters of the 24 American Revolution. 25 Let me introduce Mrs. Dawn Collum, our 10 1 County Clerk's mother. Welcome her to the courtroom 2 today. 3 My name is Dawn Collum, and I'm the Regent 4 of the Major Kerr James Chapter, National Society 5 Daughters of the American Revolution. My address is 971 6 Monroe Drive. Thank you, Commissioners and Judge Kelly 7 for the opportunity to recognize the service and 8 contributions of the Major James Kerr Chapter, NSDAR on 9 our 50th anniversary. 10 Our chapter was founded December 7th, 1973 11 by organizing regent Mrs. Herbert S. Long. We are a 12 service organization whose members all trace their 13 lineage to a Patriot of the American Revolution. Our 14 commitment to service in the areas of education, 15 historical preservation and patriotism are exemplified 16 through the 4,500 plus volunteer hours completed this 17 year, and we are still counting. 18 Our chapter has had members serve at both 19 the state and national level, proudly representing Kerr 20 County. Last year our chapter was honored in Washington 21 DC with a service award for our cleanup of the Guadalupe 22 River in support of our National Day of Service. This 23 year, we volunteered with Habitat for Humanity on a 24 house build. 25 We are active in our local schools with the 11 1 American History Essay Contest, the DAR Good Citizen 2 Scholarship, and Constitution Week activities. We serve 3 our beloved veterans at the VA and through local 4 veterans organizations. Our support of active duty 5 military through Project Patriot included our chapter 6 sending warm-up clothing to Landstuhl Airbase in Germany 7 for our wounded soldiers recuperating at the hospital 8 rehab. 9 Our Historical Preservation work in the 10 local cemeteries included cleaning headstones of 11 veterans and founding families of Kerr County. We use 12 the same technique that is used at Arlington Cemetery. 13 We spent last year cleaning in Glen Rest Cemetery, and 14 just started this important work at Nichols Cemetery. 15 It is our privilege and honor to represent 16 our patriot ancestors and Kerr County during the Major 17 James Kerr Chapter's 50th year of service. 18 Thank you. 19 COMMISSIONER LETZ: I move for -- 20 COMMISSIONER HARRIS: I move for approval. 21 COMMISSIONER LETZ: Second. 22 JUDGE KELLY: Got a motion and a second. Is 23 there any discussion? Those in favor say aye. Opposed? 24 Unanimous. Thank you. 25 MRS. COLLUM: Thank you. 12 1 COMMISSIONER HARRIS: Thank you for what you 2 do. 3 JUDGE KELLY: You keep questionable company 4 I notice. That's my wife out there, by the way. 5 Next item on the agenda is 1.3 consider, 6 discuss and take appropriate action regarding the 7 removal of the cattle guard near 603/604 Indian Creek in 8 Precinct 4. And I -- I believe -- this is Steve Henley. 9 COMMISSIONER HARRIS: Yes. 10 MR. HENLEY: My name's Steve Henley, and I 11 own the Viga H Rancho, LLC, which is located at 603 12 Indian Creek is our main drive. There's a cattle guard 13 there that has been there for, I'm not sure how long. A 14 long time. I've met with bridge and road guys, they've 15 been very helpful. They informed me that in 2016 Kerr 16 County is no longer open range; it's closed range, which 17 requires those to fence in, not to fence out, anymore. 18 So that happened in 2016. 19 I've asked to have this cattle guard removed 20 in that one of my neighbors, Mr. King, is running open 21 stock in the area. I also understand that you can run 22 open stock if the cattle guard -- if you own property on 23 both sides of the road and there's a cattle guard at 24 that junction. And so Mr. King and I have met. I have 25 made it clear to Don and also to the Road & Bridge guys 13 1 that I'd be happy to pay for 50 percent of a new cattle 2 guard that would be a more regulated or more in line 3 with regulations. 4 The current cattle guard I think is only 12 5 feet wide. And the County -- the Road & Bridge has 6 asked that it become a 16 foot, if it's redone, so 7 that's one of the issues of the -- and I said I'd pay 8 for half of it. Mr. King and I have met. I've got a 9 survey crew coming out to remark my southern line, 10 because it is on the south side of Indian Creek Road at 11 that point. 12 But this will require some additional 13 fencing on Mr. King's part, and I've calculated that if 14 we do put the new cattle guard at that point it would 15 require him two thousand three hundred -- roughly 2,380 16 feet of fencing. And I have currently built to date 17 four -- almost 4,946 feet of fence that I have built 18 solely on my own separating my property from Mr. King 19 already. So I think that I've already made the promise 20 that I'd pay for half the cattle guard. I've more than 21 paid for half the fencing that's been required to do 22 this. And I would like to have the cattle guard 23 removed, permission to put in a new cattle guard so that 24 Mr. King can continue to operate as he has in the past, 25 and for him to build the required fence to make that 14 1 cattle guard work. 2 COMMISSIONER HARRIS: We have met out there, 3 Kelly from Road & Bridge, and several superintendents as 4 well as Charlie and discussed this. And where the 5 cattle guard is, it's right by the entrance of Mr. 6 Henley's property, and he owns both sides of the fence. 7 And there's an old cattle guard there that's no telling 8 how many welding rods have been put in it over the last 9 few years to keep it function. 10 Kelly took a picture of, I believe, it was a 11 UPS driver or somebody going across the cattle guard and 12 they fill it up. There's not much room on either side. 13 In discussing this with Mr. Henley, he has you know -- 14 looked at several different things. He's proposed 15 moving that cattle guard down his -- further down Indian 16 Creek, and then it would be brought up to standard of 17 now. That cattle guard is -- well not up to any kind of 18 standard. 19 He generously offered to pay for half of it. 20 And there's other property back there. I don't know -- 21 I don't remember how many of them. Mr. King's one of 22 them. I think Mr. King wants to say to say a few words 23 on it as well. You want to step up to the mike, Mr. 24 King. 25 MR. KING: Yeah. 15 1 JUDGE KELLY: This is Kenneth King. 2 MR. KING: Yeah. My name's Kenneth King. I 3 own -- my family has owned the property that where the 4 cattle guard enters on. And Steve bought some of the 5 land from my cousin. It had been in our family since 6 1890, I think it was. Anyway, the cattle guard, where 7 it is, I don't have a lot of objection to moving it 8 except for the money part of it. 9 Where it is, or it's going to be down the 10 road whatever Steve said, 2000 feet or something like 11 that. It's just gonna -- everybody is going to be using 12 the cattle where it is, or where it's going to be in the 13 future. So my place -- it's almost impossible to fence 14 my place. So much of that road is in a floodplain. 15 It's like a -- you know, you hear about a hundred year 16 floodplain, that road is like in that two-year 17 floodplain. So it would be hard to have a fence on 18 that. So I pretty much have to have a cattle guard. 19 My main objection -- I wouldn't really 20 object to having a cattle guard in another place, it's 21 just this is almost solely accommodate Steve Henley. I 22 talked to my neighbor, the ones that live at the other 23 end of the road is Donna Walker and Greg Walton, and 24 they're fine, whatever. They they like it the way it 25 is. They wouldn't mind if we moved it. They don't 16 1 care. 2 And I'm more like the same way. My 3 son-in-law and daughter live there, and they use that 4 road, and there fine with it however. So everybody's 5 fine with it where it is. My main thing is, you know, 6 if I gotta pay to put in a new cattle guard somewhere 7 else, I get no benefit out of it and just cost me money. 8 So that's my main objection to the whole thing. So if 9 Mr. Henley wanted to pay for it, we could be happy happy 10 neighbors. So -- that's about all I gotta say on it. 11 Anyway, if you have any questions about it, I'd be happy 12 to answer them. 13 COMMISSIONER LETZ: I would -- a question. 14 Without having a map it's kind of hard to visual and 15 all. But could the cattle guard be moved past your 16 entrance, but not 2000 feet? 17 MR. KING: It could be. It would be hard to 18 do that. It's almost like it's wooded. They'd have 19 to -- while they were installing it. They would have 20 to, you know, build a road around it. Because it's kind 21 of narrow. And there's a lot of area that also floods 22 there. You know just -- you know, the first -- if you 23 moved it like halfway that's in a low water crossing. 24 But then once you get on top, you might as well go ahead 25 and -- I don't -- I'm not sure it's 2000 feet. I mean 17 1 he measured it; I didn't. So -- but it doesn't seem 2 like it's that far. 3 COMMISSIONER HARRIS: Well, it's a deal that 4 y'all went to open range -- I mean closed rage in 2016. 5 And we still have a lot of cattle guards out, especially 6 in my Precinct. Heck, on TxDOT road 479, it's still 7 cattle guards there because it's -- because of all the 8 low water crossings and stuff. It would be deadly 9 re-fencing. And you know TxDot realizes that. They 10 haven't said it. Everybody out of the pool, you know. 11 JUDGE KELLY: Well, I want to make sure that 12 I understand what the default position is at this point. 13 So I'm speaking to our County Attorney, and ask a 14 question. Back in the open range days you could raise 15 your cattle on open range, and it was the landowner's 16 responsibility to fence that cattle out. That's the old 17 way, the open range. 18 MR. HENLEY: Correct. 19 JUDGE KELLY: What movie was that? The 20 open range. 21 COMMISSIONER LETZ: Several. 22 JUDGE KELLY: But when the law changed and 23 we went to a closed range, that shifts the burden of 24 proof, as I understand it, to the landowner to fence 25 their cattle in. Is that correct? 18 1 MRS. STEBBINS: Yes, Sir. 2 JUDGE KELLY: That being the case then every 3 landowner as of 2016 has the duty to care for your -- 4 no? 5 MR. KING: There's a provision. If you own 6 both sides of the road, you don't have to fence, you can 7 just put a cattle guard in according to the law that was 8 passed. 9 JUDGE KELLY: Is that so? 10 MRS. STEBBINS: I think so, yes, Sir. 11 JUDGE KELLY: So you own both sides of the 12 road? 13 MR. HENLEY: I do. 14 MR. KING: Where he's talking to moving it 15 to. 16 COMMISSIONER HARRIS: Where the cattle guard 17 is today, Mr. Henley owns both sides of the road for how 18 many feet, probably -- 19 MR. HENLEY: About 25 hundred feet from the 20 cattle guard down. 21 COMMISSIONER PACES: So why do you want to 22 move it as opposed to just -- I think I heard that you 23 think you needed to widen it because it's only four feet 24 wide or something-- 25 JUDGE KELLY: 12 feet. 19 1 MR. HENLEY: 12 feet wide. 2 COMMISSIONER PACES: 12 foot, okay. So why 3 do you want to move it as opposed to just widening it 4 and putting in a new one. 5 MR. HENLEY: Because I don't want cattle 6 running on both sides of my property on the fence lines. 7 MR. KING: The 12 foot wide, whatever, I 8 replaced. There was an old gate there beside the cattle 9 guard and when I replaced that gate, somebody from Road 10 & Bridge told me I should make that post so it would be 11 moveable. So I did that. So if anybody ever wants to 12 go through there with a whatever, a double wide, they 13 could just remove that post and then you have cattle 14 guard, open gate. So that's like 25 feet or something. 15 JUDGE KELLY: So you don't need a cattle 16 guard? 17 MR. HENLEY: I do not. 18 JUDGE KELLY: You need a cattle guard? 19 MR. KING: I need a cattle guard. 20 JUDGE KELLY: But he owns the property on 21 both sides of where the existing cattle guard is. 22 That's the dilemma, isn't it? 23 MR. KING: Right. 24 COMMISSIONER HARRIS: There was a high 25 estimate according to Road & Bridge that having a new 20 1 one built and installed would run around $10,000.00. On 2 bigger and better than what we have today. And Mr. 3 Henley has graciously offered to pay for half of that, 4 if the other neighbors in the back would pay for the 5 other half, you know. And it's a guesstimate at ten 6 thousand. 7 JUDGE KELLY: But the issue here is moving 8 the cattle guard. 9 COMMISSIONER HARRIS: Right. 10 JUDGE KELLY: Not replacing it. 11 MR. KING: Right. It could be moved, and I 12 mean he has the right to do that since he owns both 13 sides. 14 COMMISSIONER LETZ: It would be really 15 helpful if we could have a drawing of exactly where the 16 property lines are, to me. 17 JUDGE KELLY: I think I'm sensing that 18 there's a legal question here. That if you own both 19 sides of the property where the cattle guard is, and you 20 don't want the cattle guard, then legally can he ask us 21 to remove the cattle guard? If you want a cattle guard, 22 you're going to have to put it where you want on both 23 sides of the property. Am I missing something? 24 MRS. STEBBINS: Well, Jason's been working 25 with Commissioner. 21 1 COMMISSIONER HARRIS: On this. And Jason 2 has said all along this is really a private civil issue 3 and not one that is for Kerr County Commissioners' 4 Court. 5 JUDGE KELLY: Well, but it's a county 6 road -- 7 MRS. STEBBINS: Uh-huh. 8 JUDGE KELLY: -- right? And there's a 9 cattle guard on it. 10 MRS. STEBBINS: And Road & Bridge has 11 indicated that they cannot remove the cattle guard at 12 this time. 13 JUDGE KELLY: Pardon. 14 MRS. STEBBINS: Road & Bridge has indicated 15 that they cannot remove the cattle guard at this time. 16 MS. HOFFER: Until this gets resolved. 17 JUDGE KELLY: Until it gets resolved. 18 MS. HOFFER: Right. 19 COMMISSIONER LETZ: Historically, we have 20 not gone out and proactively removed cattle guards 21 unless there was a -- as you said it's expensive to 22 remove, and then you have a hole in the road and you 23 gotta redo the road. So haven't been real proactive in 24 removing them. The fence in doubt issue really wasn't 25 as much of a cattle guard as much as it was that prior 22 1 to that County changing that and making it one rule for 2 the entire County, every Precinct had a different rule, 3 and some had let goats run free, some had let pigs run 4 free, some had let mules run free, some had let cattle 5 run free. And it ran just depending on where you were. 6 And the problem was it wasn't just the 7 Precinct as we know them now. They're the old precincts 8 where like, you know. 308, 313, how they were back in 9 the twenties. And no one knows even how -- I mean 10 trying to research that was impossible. There's no 11 lines, no boundaries. 12 So that's the reason it was done away with. 13 It wasn't really from a road standpoint, it was done 14 from a simplistic standpoint so that everybody has to 15 fence in their cattle, or livestock. 16 JUDGE KELLY: The is an unintended 17 consequence. 18 COMMISSIONER LETZ: Right. But we have not 19 proactively gone out and removed -- I think I would 20 agree I think what you're saying is Mr. King is 21 obligated to fence his cattle in. I mean that's the 22 current County rule. 23 COMMISSIONER HARRIS: When I first met out 24 there with Mr. Henley, and Mr. Henley I think will back 25 me up on this. One of the first things I told him is I 23 1 hate to see winners and losers in this situation. And 2 that's kind of where we went when he offered to pay half 3 on his behalf, you know. He didn't have to do that. 4 And then if the others would step up and to the plate. 5 I think investing or helping pay for a new 6 cattle guard and installation, Mr. King, it would be a 7 heck of a lot cheaper, probably the cheapest option 8 rather than just removing it and you having to fence or 9 something like that. And because of the terrane and 10 everything you have, you know, your land. It would be 11 really difficult. 12 MR. KING: Right. 13 COMMISSIONER HARRIS: And probably not a 14 good answer. You'd probably be redoing fences all the 15 time, if there was no cattle guard period. 16 MR. KING: True. 17 COMMISSIONER HARRIS: And other than you, I 18 don't know what the others have said back there as far 19 as their wanting or being willing to participate in the 20 cattle guard. Do you have any indication, Mr. Henley? 21 MR. HENLEY: No, I don't. 22 MR. KING: It wouldn't benefit. I don't 23 know why they would want a -- 24 MR. HENLEY: It really doesn't affect most 25 of those, they're at the end of the road. And you know 24 1 they're gated, and that's where Mr. King's property ends 2 at that gate. 3 JUDGE KELLY: What I'm trying to understand 4 is the public aspect of this issue. First is the 5 private aspect of the issue. We're the County, and 6 that's a county road. And I understand we have a 7 presence in this discussion. But I'm trying to 8 understand what Jason's position is with regard to this. 9 MRS. STEBBINS: You're required to give 90 10 days notice if you're going to remove a cattle guard 11 from a county road. That's what's required of you. A 12 public hearing isn't required unless someone request it. 13 So I think then the issue would come repairing the 14 county road after you removed the cattle guard, and 15 that's one for Road & Bridge. But that would be your 16 obligation for the removal of a cattle guard. 17 COMMISSIONER LETZ: If the property is not 18 or the landowner is not fencing their life stock, it 19 becomes a civil issue if they damage someone else's 20 property. 21 MRS. STEBBINS: Yes. 22 COMMISSIONER LETZ: That's -- 23 JUDGE KELLY: It could conceivably be a 24 criminal issue. 25 COMMISSIONER LETZ: If they destroy -- 25 1 JUDGE KELLY: If somebody gets killed out 2 there running into a cow. 3 COMMISSIONER LETZ: Definitely, yes. 4 JUDGE KELLY: I'm trying to understand 5 what's the scope of the county's involvement in this 6 private matter. 7 MRS. STEBBINS: Unless the County is ready 8 to remove the cattle guard itself, nothing presently. 9 And in that event y'all have to give notice to the 10 adjacent landowners, 90 days. 11 JUDGE KELLY: So if somebody asked to have 12 that cattle guard removed and then we have a public 13 meeting and, notice goes out to the adjacent landowners. 14 We make a determination at that time. Is there anything 15 even ripe before the Court today? 16 COMMISSIONER PACES: Isn't that what Mr. 17 Henley is asking us to do? I mean this is about the 18 removal of the cattle guard. 19 MRS. STEBBINS: He is asking that -- 20 JUDGE KELLY: So we have to set a public 21 meeting. 22 MRS. STEBBINS: No. Well, this could be the 23 public meeting. But if you want to take action and 24 decide to remove it from the county road today, that is 25 on the agenda. I think you have other things you have 26 1 to consider, like the cost of that to the County and the 2 county road, and what that does to the county road. You 3 might want to talk to Kelly. I haven't. Maybe 4 Commissioner. 5 COMMISSIONER HARRIS: Has. 6 But I don't know if y'all are really ready 7 to make a decision on this today without more 8 information. 9 COMMISSIONER HARRIS: My hope is that the 10 gentlemen can work out some kind of agreement amongst 11 themselves, because it's an issue for us. Other than 12 probably the repair. If it's to be removed if they put 13 up another one. 14 MS. HOFFER: Well, we would remove the 15 existing on that -- 16 JUDGE KELLY: Kelly, would you go to the 17 podium. The public wants to know what we're talking 18 about. 19 MS. HOFFER: It was either just going to be 20 removed, or removed and a new one built to the current 21 standard, Road & Bridge would remove the existing one 22 and then rebuild that section of road with that cattle 23 guard. If they work it out that a new cattle guard is 24 what they want to do, then it would be built to the 25 current TxDOT specs, and then they would pay to have it 27 1 installed. And that's as far as we got on this. 2 COMMISSIONER PACES: I'm thinking we should 3 defer this decision until one of the other meetings in 4 December, and have a good cost estimate for the removal 5 and the installation of the new cattle guard, wherever 6 that needs to be, so that we can have maps or better 7 understand this issue. Or I'll go out and drive it and 8 look at it myself, but I do kind of agree with our 9 County Attorney that we're maybe not in a position today 10 to make a decision, and I would hope that the landowners 11 out there that are going to be impacted on this could 12 come to some agreement on how the cost get handled 13 before that next meeting. So that's my recommendation. 14 JUDGE KELLY: Mr. Henley, could you go to 15 the podium. There are some questions I'd like to ask 16 you. 17 MR. HENLEY: Yes, Sir. 18 JUDGE KELLY: I understand that what's on 19 the agenda is to remove the cattle guard. Okay. 20 MR. HENLEY: That's one of them, yes. 21 JUDGE KELLY: But as it is right now that's 22 not a property boundary between you and a neighbor, is 23 it? 24 MR. HENLEY: The cattle guard itself? 25 JUDGE KELLY: Yes. 28 1 MR. HENLEY: It would not -- I guess, 2 there's an easement there for the road, the county road. 3 JUDGE KELLY: But you own the property on 4 both sides of that cattle guard. 5 MR. HENLEY: I do. 6 JUDGE KELLY: And so with the open range at 7 this point cattle on Mr. King's property can graze up to 8 that cattle guard on your property, is that right? 9 MR. HENLEY: Yes, sir. 10 COMMISSIONER HARRIS: In between his fences, 11 no. The side of the road -- 12 JUDGE KELLY: I haven't seen it, so -- 13 COMMISSIONER HARRIS: I'm just trying to 14 give you that. It's basically a lane from the cattle 15 guard down to a creek basically with Mr. Henley's place 16 fenced on each side. And the cattle -- and it's a 17 natural gathering point. I mean they'll graze up there 18 and then it's a dead end, and they'll camp out there. 19 And he's got a very nice entrance way there with a 20 gate -- electric gate and everything, and cattle right 21 there, probably in his way sometimes when they're there, 22 trying to get in and out. His -- or into his place and 23 stuff like that. And it's just a natural deal that 24 cattle are going to do that. 25 JUDGE KELLY: But my question is, Mr. 29 1 Henley, are these cattle trespassing on your property? 2 MR. HENLEY: Yes. 3 JUDGE KELLY: And they have not been fenced 4 in. 5 MR. HENLEY: Correct. 6 JUDGE KELLY: Well, that's a civil matter. 7 MR. HENLEY: Not today. He doesn't have 8 cattle today. He has in the past. There's horses there 9 now that belong to his renter. 10 MR. KING: His property is fenced. They 11 can't get on his -- I mean the only place the cattle can 12 get is on the road and the bar ditches on each side. 13 MR. HENLEY: That's not quite accurate. 14 Part of my place is not fenced, all the way down to the 15 corner, and also on the other -- 16 JUDGE KELLY: But it sounds like to me that 17 this is a civil matter. 18 MR. HENLEY: Okay. 19 JUDGE KELLY: And if you -- if we're going 20 to be asked to remove the cattle guard, we probably need 21 to give notice out to the neighbors and have a full 22 blown public hearing. And you're welcome to do that, if 23 you'd like. 24 MR. HENLEY: All right. 25 JUDGE KELLY: We got anything else that we 30 1 need to deal with on this topic? 2 COMMISSIONER HARRIS: No. And again, I 3 would hope that you guys could put your heads together 4 and resolve something to where it's a mute point. But 5 if push comes to shove, then we need to take action to 6 remove it. If that's your request, and then give people 7 90 days notice, and then, you know -- but with the offer 8 on the table, Mr. King, no matter how much that bitter 9 pill might be, that might be the best option. Just like 10 he says. 11 MR. HENLEY: And that offer will come off 12 the table if we have to go that route. 13 COMMISSIONER HARRIS: I understand that. 14 JUDGE KELLY: We understand. 15 MR. HENLEY: All right. Thank you. 16 JUDGE KELLY: Thank you. Thank both of you. 17 We understand. 18 JUDGE KELLY: We'll move on to the next 19 topic, which is item 1.4 consider, discuss and take 20 appropriate action to surplus radios from the Kerr 21 County Sheriff's Office, and a rolling chair from the 22 Auditor's Office. Miss Mendoza. 23 MS. MENDOZA: I have 37 radios that are 24 ready to be surplused from the Sheriff's Office, and one 25 rolling chair from the Auditor's Office. 31 1 COMMISSIONER LETZ: I move for approval. 2 COMMISSIONER HARRIS: Second. 3 JUDGE KELLY: Got a motion and a second to 4 surplus the items as presented. Any discussion? Those 5 in -- 6 COMMISSIONER PACES: Just have a question. 7 Are these radios still in working condition? 8 SHERIFF LEITHA: Yes, they are. But they're 9 not going to be able to be used with our new system. 10 COMMISSIONER PACES: I understand that. But 11 in the interim until that's in place, is there any 12 benefit to offering them to our volunteer fire 13 departments? 14 SHERIFF LEITHA: Yeah, we could look at 15 that. But like I said, they're not going to be usable 16 here shortly. 17 COMMISSIONER PACES: Well, a lot of the 18 Volunteer Fire Department's radios won't be used until 19 on the new trunking system, but they're still available 20 locally for their dedicated frequency. So it might be 21 something to make them aware of and consider offering 22 them to volunteer fire departments first. 23 SHERIFF LEITHA: Okay. We can look at that 24 and see. 25 COMMISSIONER PACES: I don't know, they may 32 1 say no, we don't want them. Until they know what's 2 available. 3 SHERIFF LEITHA: We'll take it up with 4 KARFA, how about that? 5 COMMISSIONER PACES: That would be great. 6 Thank you. 7 JUDGE KELLY: So we still have to surplus 8 the rolling chair, right? 9 COMMISSIONER LETZ: Well, we can surplus the 10 reduce, too. 11 JUDGE KELLY: Surplus all of them. 12 COMMISSIONER PACES: And the disposal would 13 be subject to KARFA and whether they could be utilized 14 by the volunteer fire departments. 15 SHERIFF LEITHA: Right. I'll get back with 16 you. 17 JUDGE KELLY: We got a motion and second. 18 Any other discussion? Those in favor say aye. Opposed? 19 Yes, Ma'am. 20 MRS. STEBBINS: If they are offered to KARFA 21 for use, depending on if they have an agreement that can 22 be used for that purpose. 23 JUDGE KELLY: Those opposed? There being 24 none, unanimous. Thank you. 25 Item 1.5 consider, discuss and take 33 1 appropriate action to accept the August 31, 2023 Adult 2 Probation Statement of Financial Position for filing 3 purposes. 4 MRS. SHELTON: Yes. You have before you the 5 Statement of Financial Position as of August 31st, 2023. 6 This is to comply with their funding source. And so we 7 just ask that you accept the report. 8 COMMISSIONER LETZ: Motion to accept the 9 report as presented. 10 COMMISSIONER OVERBY: I'll second that 11 motion. 12 JUDGE KELLY: We got motion and a second to 13 approve the adult probation Statement of Financial 14 Position as presented. Any discussion? 15 Miss Bode, do you have anything to add? 16 MS. BODY: I do not. Other than everything 17 is going well with the Probation Department. 18 Financially, we're in a good spot and we appreciate all 19 the County does to support. 20 JUDGE KELLY: Thank you for what you do. So 21 those in favor say aye. Opposed? None. Unanimous. 22 Next item is 1.6 consider, discuss and take 23 appropriate action to re-appoint Kathleen Vincent, Jeff 24 Mitchell, and Amy Palmer to Emergency Services District 25 Number 3. Reappointments to be effective beginning 34 1 January 1 of 2024. Commissioner Paces. 2 COMMISSIONER PACES: Yeah. I attended their 3 ESD Commissioners' meeting last Monday, and it was 4 brought up that these three positions will be expiring 5 January 1st -- or December 31st expiring. And so all 6 three individuals have graciously volunteered to serve 7 another two-year term. 8 And so I'm here to ask the Court to approve 9 the reappointment of Kathleen Vincent, Jeff Mitchell, 10 and Amy Palmer to what becomes a second term on ESD 11 Number 3. 12 JUDGE KELLY: Is that your motion? 13 COMMISSIONER PACES: That's my motion. 14 COMMISSIONER HARRIS: Second. 15 JUDGE KELLY: We have a motion and a second 16 to approve the re-appointment of the members of ESD 17 Number 3 as presented. Any discussion? 18 COMMISSIONER HARRIS: Rich, are these three 19 the original started out on two-year term. 20 COMMISSIONER PACES: Yes. Yeah. The two of 21 them were on a one-year term and they've already been 22 replaced and will now be on a two-year term going 23 forward. 24 COMMISSIONER HARRIS: Okay. 25 JUDGE KELLY: Those in favor say aye. 35 1 Opposed? Unanimous. 2 Moving on to 1.7 consider, discuss and take 3 appropriate action to accept the FY-23 State Criminal 4 Alien Assistance Program grant award. What we call 5 SCAAP grant award. Miss Putnam. 6 MS. PUTNAM: This is just a technical thing 7 that we're doing this year again. It's another 8 reimbursement grant, and we've been awarded the grant. 9 There's not an actual amount that has been established 10 yet. It's estimated to be around 30 thousand dollars. 11 This will be from the actually 21 to 22 12 year, but it's for 2023. Last year we received 13 $26,317.00, and so somewhere around 30 is what we're 14 looking at. And just asking that you accept it. 15 COMMISSIONER HARRIS: I move for approval. 16 COMMISSIONER PACES: I'll second. 17 JUDGE KELLY: Got a motion and a second to 18 approve the SCAAP grant as presented. Any discussion? 19 Those in favor say aye. Opposed? Unanimous. 20 Next item on the agenda is 1.8 consider, 21 discuss and take appropriate action on the status of the 22 Hill Country Regional Public Defenders Office located at 23 550 Earl Garrett. 24 I put this on the agenda. I spoke with 25 Vanessa Skowbo. When we first purchased the building 36 1 over on 550 Earl Garrett, we housed the entire building 2 with the employees of the public defenders office. 3 Later, we moved that to just the top half of the -- or 4 the second floor, half of the building. 5 And then recently with the new space that 6 they leased in Boerne, in Kendall County. They moved to 7 just one side of upstairs to one fourth of the building. 8 And what they're requesting now is -- and the issue is 9 affordable housing. They cannot get young attorneys at 10 the salary rates that they pay to live in Kerr County. 11 Or for that matter Gillespie County or even Bandera 12 County. 13 The ones that commute from San Antonio are 14 able to get to Hondo and get to Boerne a whole lot 15 easier. So that's one of the reasons that they have 16 reduced their presence in that building, which has been 17 a Godsend for us because when the bond issue didn't pass 18 we've been able to continue expanding growth by using 19 those facilities. 20 What they to want do now is they're having a 21 problem with security. Now that we have mixed use, the 22 front door's locked, so somebody has to get up and 23 unlock the every time they show up at the front door. 24 And then we try to have some privacy doors upstairs 25 where the PDO is now, but people they forget to close 37 1 the doors, people are wandering around. And so they're 2 having problem with their traffic on their side of the 3 hall. 4 And what they're asking to do is there's a 5 property for lease just down the street that Bruce 6 Stracke owned. Bruce was very instrumental in helping 7 us get that loan. That they would like to lease for the 8 same price that they're paying us, and move a satellite 9 office out there so that as the lawyers come in from 10 Boerne or come in from Hondo, there is a place for them 11 to meet, and we'll have a permanent staff present there. 12 Vanessa will still be there. 13 But that would free up that one hallway that 14 is presently being used for the PDO and make use of that 15 building much easier for everyone, so we can unlock to 16 let the public in without having to keep it locked all 17 the time, and we won't have those security issues 18 upstairs. 19 So they requested me and I put it on the 20 agenda is to approve -- and I think it's gotta go to the 21 oversight board, at least that's what I told her I 22 thought. 23 COMMISSIONER HARRIS: I would think. 24 JUDGE KELLY: But the other thing that we 25 have that I need a full disclosure on, is we never got a 38 1 signed lease from the PDO. They wouldn't sign a lease. 2 That's a long time ago. Then there was -- there's been 3 recent discussion within the last year or so about 4 signing a lease, which we haven't done. 5 So technically, if they wanted to give us 30 6 days notice they could, and that's you know, I guess 7 that's an option. I appreciated the fact that they 8 called and explained their situation and give us an 9 opportunity to, I guess, reclaim the entire building, 10 and we can repurpose it for whatever need the County 11 has. So -- 12 COMMISSIONER PACES: Which building are you 13 referring to that -- 14 JUDGE KELLY: 550 Earl Garrett. 15 COMMISSIONER PACES: No. I know 550 is the 16 PDO office, but are you talking about the building next 17 door that used to be a church, or which -- 18 JUDGE KELLY: No, no, no. 19 COMMISSIONER PACES: What's the other 20 location that you want to move them? 21 JUDGE KELLY: It's at 821 Earl Garrett. 22 It's up the hill. And it's probably two blocks up the 23 hill on the other side of the street. And Bruce Stracke 24 and his company have officed there for sometime, and 25 they're vacating it and offered it for rent. 39 1 COMMISSIONER HARRIS: How much room do they 2 need? 3 JUDGE KELLY: I don't know. I don't know 4 the exact square footage. 5 COMMISSIONER LETZ: I think that the -- 6 JUDGE KELLY: That house is sufficient for 7 them. 8 COMMISSIONER LETZ: I mean right now we're 9 getting revenue from them for the building. And the 10 cost to make it secure is minimum. $10,000.00, I think. 11 There's a pretty big area you have to put a security 12 door upstairs. Which we had talked about doing. And to 13 me, we have no current -- as much as the PDO seems to 14 change what they are doing, which is at least twice a 15 year it seems right now, where they're locating and 16 moving people out, you know. 17 I'd rather keep them in that building and 18 make that improvement, because I think that -- putting 19 that door in will be a benefit to us long term anyway. 20 That's just my thought, you know. We don't have a lease 21 with them. True, they can just leave. But at the same 22 time -- 23 COMMISSIONER HARRIS: We could improve it 24 for them. 25 COMMISSIONER LETZ: We make the improvement. 40 1 We are making some revenue off that building. We have 2 no immediate plans for that second floor. 3 COMMISSIONER HARRIS: And it's all under one 4 roof. 5 COMMISSIONER PACES: Help me here. Does the 6 County own the building at 821 Earl Garrett? 7 COMMISSIONER LETZ: No. 8 COMMISSIONER PACES: Then I'm with you. 9 COMMISSIONER HARRIS: Yeah. 10 COMMISSIONER PACES: I see it now. 11 COMMISSIONER LETZ: But I agree we need to 12 make it secure, you know. There's -- Shane has looked 13 at it, and there's a way to do it. 14 COMMISSIONER PACES: He did a great job 15 securing the two hallways on the ground floor. 16 COMMISSIONER LETZ: Right. 17 COMMISSIONER PACES: Everybody's happy with 18 that. 19 COMMISSIONER LETZ: It's a little bit harder 20 on the second floor because of where the doors are. But 21 still it can be done. It takes some sheetrock and 22 stuff. But -- well you are right, if they want to move 23 they can just move without having to doing anything. 24 COMMISSIONER HARRIS: Well, we need to find 25 out if our improvements would enhance their stay. 41 1 COMMISSIONER LETZ: Yeah. 2 JUDGE KELLY: Well, there is no motion. So 3 do we pass? 4 COMMISSIONER HARRIS: Sounds good to me. 5 COMMISSIONER LETZ: Talk to them. I can 6 visit with them or you can. 7 JUDGE KELLY: So we'll pass on item 1.8. 8 That brings us to item 1.9 consider, discuss and take 9 appropriate action to approve contracts with the Ingram 10 and the Mountain Home Volunteer Fire Departments. 11 This is routine. 12 COMMISSIONER HARRIS: I move for approval. 13 COMMISSIONER PACES: Second. 14 JUDGE KELLY: Got a motion and second to 15 approve those VFD contracts. Any discussion? Those in 16 favor say aye. Opposed? Unanimous. 17 Moving on to item 1.10 consider, discuss and 18 take appropriate action to progress the issue of Public 19 Improvement Districts and possible incorporation into 20 the Kerr County Subdivision and Manufactured Home Rental 21 Community Regulations for Kerr County. Commissioner 22 Paces. 23 COMMISSIONER PACES: Yeah. I put this on 24 the agenda just to initiate a discussion amongst the 25 Court to do something on this item. Mr. Ben Ford, I 42 1 guess an attorney, presented the concept of the PID, 2 which is Public Investment District. 3 COMMISSIONER LETZ: Improvement. 4 COMMISSIONER PACES: I'm sorry, improvement. 5 Improvement district that gives us an opportunity that 6 the people would directly benefit from an improvement 7 such as a road reconstruction or otherwise, would end up 8 funding it as opposed to the rest of the County and our 9 taxpayers within the County funding it. So I certainly 10 thought it was a great idea. 11 We had that workshop back on March 6th of 12 this year, but we haven't really had any further 13 discussion or made any plan on how we would go about 14 incorporating this into the County Subdivision and 15 Manufactured Home Rental Community Regulations. And I 16 think we need to take a hard look at it and engage 17 somebody to help us with the process. 18 I'm also informed by our County Engineer 19 that there are a few other changes that need to be 20 incorporated into the County Subdivision and 21 Manufactured Home Rental Community Regulations. I'm 22 told that at least one law has passed that has an 23 implication on our regulations, and there were a number 24 of other little corrections that also needed to be made, 25 whether in the form of an addendum or just a revised set 43 1 of regulations, which I don't really care which we way 2 do. 3 But I would like for the Court to agree and 4 come up with a plan to initiate this and see if we can't 5 do something to avoid another Eagle Ridge Road debacle. 6 COMMISSIONER LETZ: Yeah. And I think we 7 could explore that, and any other change we need to 8 make. 9 JUDGE KELLY: Charlie, did you to want 10 address it? 11 MR. HASTINGS: No. No. I'm here to do what 12 the Court wants to do that, that's what we're going to 13 do. 14 JUDGE KELLY: Well, by way of explanation 15 because we're kind of picking up mid thought. 16 COMMISSIONER OVERBY: This is the 17 regulations that y'all just passed, so why wasn't it 18 added in at that time? 19 COMMISSIONER PACES: It wasn't a problem at 20 that point. 21 COMMISSIONER LETZ: We didn't know about it. 22 COMMISSIONER HARRIS: Well, it's always been 23 on the back burner. 24 JUDGE KELLY: These are Public Improvement 25 Districts. PID's. PID's. They were not part of the 44 1 subdivision rules or really did not address it at that 2 time. And we worked with Chuck Kimbrough and the 3 Bickerstaff Firm to provide the rules, which we are well 4 pleased by the way. PID's are a tool that counties 5 can -- local government, entities, municipalities and 6 counties have, to create a district, a public 7 improvement district. 8 And it has to have unanimous approval, 9 that's why we can't do it out on Twin Creeks because we 10 don't have unanimous approval out there. And the 11 individual people that buy the lots in that subdivision 12 pay these -- repay for the cost of the improvement when 13 the subdivision was built. And you've heard of MUD's, 14 Municipal Utility District, which is very similar. You 15 create a district, you finance the improvement to which 16 will be streets and roads, drains, that you put in 17 there. Then the people that buy into that subdivision 18 actually repay the developer for the cost of those 19 improvements over time. And they could be -- there are 20 tools that are available to the County. 21 And when we did the subdivision rules, we 22 did not look into PID's at that time. I had one 23 recommendation by Judge Schuchart over in Medina County. 24 Clay Bedford who does their PID work came and presented 25 this to us and we had a workshop on it back in the 45 1 spring. And we simply haven't followed up. And I 2 commend Commissioner Paces for following up on it 3 because it's something I think is important for the 4 public to know that we're considering. 5 But anything at this point that would get 6 into the subdivision rules, I don't like to switch 7 horses in midstream. I'd just as soon continue to work 8 with Chuck and his firm with the subdivision rules. But 9 PID is something that we were looking at and if it's 10 something we to want to do or not. 11 COMMISSIONER HARRIS: Separate and outside, 12 yeah. And you alluded to Medina County. I've had 13 conversations, some with Chris Schuchart, but a couple 14 other commissioners. And they're blowing and going. 15 You think we're having a lot of new subdivisions. Down 16 there is one of the hottest spots in the nation. And 17 that -- everyone of them does a PID. And I would love 18 to see it. 19 COMMISSIONER LETZ: The PID isn't just for 20 the roads in the subdivision. Isn't it the access to 21 the subdivision as well? 22 COMMISSIONER HARRIS: Yeah. It's a little 23 broader term, I think. 24 JUDGE KELLY: We need to have a lawyer 25 council us on the scope of it. 46 1 COMMISSIONER LETZ: What gets me nervous on 2 them that you go just internally on a subdivision, to me 3 I'm surprised developers don't want to proactively use 4 it, because it's helping them to join for roads to 5 access subdivision. That becomes a really thorny issue 6 because of the length of some of our roads, and the 7 condition of some of our roads, trying to bring them up 8 to a certain standard, and putting that on a one 9 subdivision. 10 COMMISSIONER HARRIS: Yeah, I know. 11 COMMISSIONER LETZ: I'm just concerned. 12 COMMISSIONER PACES: I share the concern, 13 but I think we still need to address it. 14 COMMISSIONER HARRIS: I agree. 15 COMMISSIONER PACES: And get some legal 16 counsel on what would be the best on how to address it. 17 COMMISSIONER LETZ: I agree moving forward 18 with the discussion on it. 19 COMMISSIONER HARRIS: We need to get in 20 touch with our people, or what do we need to do to get 21 this ball rolling? 22 JUDGE KELLY: Well, Chuck's introduced me to 23 his partner in his firm that does the PID's. Whether 24 it's Benford or whether it's the Bickerstaff firm, you 25 know, that's six of one, half dozen of the other. I'm 47 1 concerned about whatever we do, we want it to duck tail 2 discreetly with our existing subdivision rules. 3 COMMISSIONER PACES: Well, and Chuck's firm, 4 they have an individual who has expertise and has worked 5 a number of these PID's. 6 JUDGE KELLY: Uh-huh. I think that's fairly 7 common for a law firm to do municipal work, public work. 8 I think we probably find that with -- the one that 9 represents Bob's office, and they all have somebody that 10 does this kind of work usually. 11 COMMISSIONER LETZ: Then why don't we after 12 the first of the year invite them down and do an 13 off-Monday meeting. And this -- and also, you get 14 Bickerstaff to tell us what other changes may be 15 required based on legislation. 16 COMMISSIONER HARRIS: Okay. 17 JUDGE KELLY: Okay. So we need to take any 18 action today? 19 COMMISSIONER HARRIS: I don't think so. 20 COMMISSIONER PACES: Set a date. 21 COMMISSIONER LETZ: Well, the schedule is 22 going to be subject to them probably more than -- we're 23 usually around. 24 JUDGE KELLY: There's a consensus that we 25 want to follow up on this and have a talk with somebody. 48 1 Okay. Very good. Then -- 2 COMMISSIONER PACES: Did we have somebody 3 who wanted to speak on this? You still want to? 4 MR. JONES: Yeah. I turned in a form. 5 Yeah, Tom Jones, 105 Chula Vista, Precinct 1. I've 6 looked into this PID system quite a bit, and Jonathan, 7 what you were talking about, it does cover those other 8 road ways, too. 9 But the biggest problem we have right now is 10 we've got other developments that are potential 11 developments out there right now. We're going to end up 12 with another Eagle Ridge situation. And so I'm really 13 encouraged that y'all are in favor of looking into this. 14 Because it should have been done prior to this and we 15 wouldn't be where we're at. We cannot afford more 16 lawsuits, and impact taxing the rest of the County for 17 particular subdivision roads that I'll never drive on. 18 Because your going to have country lanes all over the 19 County right now that need to be brought up to collector 20 status roads. And that's going to be a regular thing. 21 If you were right, Judge, whenever you 22 talked about the future developments in some of your 23 articles, that's going to be a regular thing and we're 24 going to be looking at continued lawsuits. Whatever we 25 say that we cannot afford to build that road. 49 1 So the PID system, I've seen several, done a 2 lot of research on it. It works. It's something that 3 would accommodate us. It would take the tax burden off 4 of me for development over in Precinct 4 that I may 5 never ever see. It does add, but more than that, it's a 6 20 to 40 year payout on most of those PID systems. So 7 it's not something that stays with those people forever 8 like a muzzle where it becomes a tax. It's an 9 assessment, and so they can actually use it as a write 10 off, on their taxes, too. 11 So there's a lot of positives to that, too 12 that need to be looked at. But if you're going to go 13 with Chuck Kimbrough, I think they're excellent. 14 They'll do a good job. That's all. Thank you. 15 COMMISSIONER PACES: Thank you. 16 JUDGE KELLY: It's time for our morning 17 break. Take about a five-minute break and reconvene at 18 ten o'clock. 19 (Break.) 20 JUDGE KELLY: Court will come back to order. 21 The next item on the agenda is 1.11 consider, discuss 22 and take appropriate action regarding a request for the 23 Court to waive platting oversight and approval to the 24 City of Kerrville for an amending plat for Saddlewood 25 Estates Section Two. Mr. Hastings. 50 1 MR. HASTINGS: Thank you, Judge. This 2 proposal adjusts a lot line between two lots. Lot 8R, 3 five and a half acres and Lot 9, 3.03 acres, will be 4 amended to Lot 8R2, 3.85 acres and Lot 9R, 4.68 acres. 5 Both lots will continue to front Beverly Hills Lane. 6 These lots are located in Kerrville's extra 7 territorial jurisdiction and would typically be platted 8 through both the City of Kerrville and Kerr County; 9 however, in an effort to be more efficient and save 10 owner dollars, there is a request for the Court to waive 11 oversight and approval for the City of Kerrville. The 12 Environmental Health Department will remain involved in 13 the review process. 14 The County Engineer requests the Court to 15 consider, discuss and take appropriate action regarding 16 a request to waive platting oversight and approval to 17 the City of Kerrville for an amending plat for 18 Saddlewood Estates Section Two, Block 5, Lot 8R and Lot 19 9, Volume 7, Page 39, Precinct 1. 20 COMMISSIONER OVERBY: I got a question for 21 you. I went over this and visited with this gentleman. 22 This is basically just a cost saving move so he doesn't 23 have to pay both entities, is that correct? 24 MR. HASTINGS: Yes. Yes, Ma'am. And saves 25 time also. 51 1 COMMISSIONER OVERBY: All right. He lives 2 across the street from me. 3 JUDGE KELLY: I knew you would be close. 4 COMMISSIONER OVERBY: I'll make a motion 5 that we approve item 1.11. 6 COMMISSIONER LETZ: Second. 7 JUDGE KELLY: Got a motion and a second to 8 approve the waiver of the platting oversight and 9 approval to the City of Kerrville for the Saddlewood 10 property as presented. Any discussion? Those in favor 11 say aye. Opposed? Unanimous. 12 Next timed item at ten o'clock is 1.12 13 consider, discuss and take appropriate action to amend 14 Court Order Number 40313, which is abandon, vacate and 15 discontinue Tucker Street, to include the requirements 16 outlined in Texas Transportation Code Section 17 251.058(b). Commissioner Paces. 18 COMMISSIONER PACES: Yeah. This was heard 19 in our last Commissioners' Court meeting on November 13, 20 and the order was issued, but we were then contacted by 21 the attorney from Maldonado's, his name is Mark Andres, 22 and he made the request to include language from the 23 Texas Transportation Code regarding the closing, 24 abandoning and vacating of the road. 25 So I move to amend the court order. We can 52 1 use the language that we have, but include from -- and 2 this is from the Texas Transportation Code 251.058. So 3 we would include in the order, a copy of the order shall 4 be filed in the deed records of the County and serves as 5 the official instrument of conveyance from the County to 6 the owner of the abutting property. The order shall 1: 7 Include the name of each property owner who receives a 8 conveyance under this section. 9 2: Include the dimensions of the property 10 being conveyed to each property owner, and 3: Be 11 indexed in the deed records of the County in a manner 12 that describes A the County conveying the property as 13 grantor, and B the property owner receiving the 14 conveyance as grantee. That's my motion. 15 COMMISSIONER LETZ: Second. 16 JUDGE KELLY: Got a motion and a second to 17 amend the existing court order -- 18 COMMISSIONER PACES: Yes. 19 JUDGE KELLY: -- on the Maldonado property. 20 Any discussion? Those in favor say -- 21 MRS. STEBBINS: I have just a comment. I 22 think that Ian has already filed it, or intended to file 23 that court order in the property records related to that 24 property. We talked about it after the meeting. He and 25 Charlie and I. 53 1 COMMISSIONER LETZ: File the original court 2 order? 3 MRS. STEBBINS: The Court order from 4 abandoning the road yes, Sir. 5 COMMISSIONER LETZ: From the first one. So 6 this one is to file in addition to that. 7 MRS. STEBBINS: Yes. 8 JUDGE KELLY: Those in favor say aye. 9 Opposed? Motion carries. 10 Item 1.13 is a timed item at ten o'clock. 11 That's consider, discuss and take appropriate action to 12 open and read the annual bids for road materials. Miss 13 Hoffer. 14 MS. HOFFER: At this time we ask the court 15 to open and read all material bids received. All bid 16 prices are to begin January 1 of 2024, and be in effect 17 until December 31st of 2024. We will return to 18 Commissioners' Court on Wednesday(sic), December 11, 19 2023 to award the bids. 20 COMMISSIONER LETZ: There's quite a few so 21 it will take a few minutes. First one is from Martin 22 Marietta, and they're bidding base material limestone 23 three quarter down. Unit cost -- I'm just going to read 24 the unit cost -- well I'll read the total cost. There's 25 delivery on some of them. Limestone three quarters 54 1 down, $23.32. LRA base, inch and three quarters down, 2 $42.48. A2 base, $23.32. Hot mix lay asphalt concrete 3 black base Type AA, total price is one ten, or $110.13. 4 Total mix type CC Plus, $110.13. And cold mix type D 5 $110.13. 6 Next from Edmund Jenschke. Base material 7 three quarter inch down, total cost $25.30. Inch and 8 three quarter down, $23.30. Looks like they bid on some 9 other stuff. No the other repeating the same bid. That 10 was all they bid on. 11 Next bid from Vulcan for trap rock grade 4, 12 total cost is $80.54, and trap rock grade 5 is $78.54. 13 And again, it was a unit cost and also delivery cost for 14 all of these. Black base Type AA, 103.05. Cold mix 15 type CC Plus, 103.05. Cold mix type D Plus, 104.05. 16 From Ergon Asphalt & Emulsions. Emulsion 17 oil CRS-2, $2.82. And CRS-2P, $3.22. AEP, $3.52. 18 CSS-1H, $2.87. MS-2, $3.17. P2 emulsions -- CRS-2, 19 $3.29. AEP, $2.24. CSS-1H, $2.96. MS-2, $3.10. 20 From Wright Asphalt Products. CRS-2, 21 $2.993. CRS-2P, $3.293. AEP no bid. CSS-1H, 2.993. 22 And MS-2 no bid. 23 From Wilson Culverts. 15 inch arch, 1945, 24 $19.45. 18 inch arch, $23.10. 24 inch arch, $30.45. 25 30 inch arch, $37.89. 15 inch coupling bands $23.25. 55 1 18 inch coupling band, 33.15. 24 inch coupling bands, 2 $44.18. And 30 inch coupling bands, $55.34. 3 Next from Brauntex Materials. Crushed 4 paving rock 5/8 inch, $54.00. Crushed paving rock half 5 inch, $54.00. Crushed paving rock 3/8 is $54.00. Base 6 material inch and three quarter down, $31.25. Hot mix 7 laid asphaltic concrete black base Type AA, $94.00. 8 Cold mix type CC, $94.00. Cold mix type CC Plus, 9 $94.00. Cold mix type C, $94.00. 10 The next one is from Wheatcraft. Base 11 material three quarter inch down. Unit cost is $12.75. 12 Inch and three quarter down is $10.75, and the 13 delivery -- they have a delivery schedule attached. 14 Those prices are just unit cost; not the total price. 15 That's it. 16 JUDGE KELLY: Okay. 17 COMMISSIONER LETZ: Make a motion to accept 18 all bids and refer them to Road & Bridge for 19 recommendation. 20 MS. HOFFER: And I also -- I made a mistake 21 when I said the day for December 11th. That actually is 22 a Monday; not a Wednesday. But it's December 11th. And 23 we'll come back and we'll work the bids. 24 JUDGE KELLY: We got a motion. Do we have a 25 second? 56 1 COMMISSIONER HARRIS: Second. 2 JUDGE KELLY: Got a motion and second to 3 accept the bids as presented. Any discussion? Those in 4 favor say aye. Opposed? Unanimous. 5 MS. HOFFER: Thank you. 6 JUDGE KELLY: Okay. Got about a six-inch 7 stack here. 8 Next item on the agenda is item 1.14 9 consider, discuss and take appropriate action to approve 10 funding and the job description for the Operation Lone 11 Star Temporary Crime Analyst/Digital Forensic Examiner. 12 SHERIFF LEITHA: Yes. This is what I came 13 to the Court last time about our OLS funding. Just kind 14 of thing for your approval to approve this position. 15 This one's a good fix. This is a guy we got in mind, 16 he's already retired. Kind of part time where he can 17 only work so many months out of the year, and I intend 18 on paying this with our OLS fund. 19 COMMISSIONER HARRIS: I move for approval. 20 COMMISSIONER PACES: I second. 21 JUDGE KELLY: Got a motion and a second to 22 approve the funding and job description for the OLS 23 Criminal Analyst/Digital Forensic Examiner as presented. 24 JUDGE KELLY: Just for clarification, I got 25 one call waiting to know why these are new employees and 57 1 these are already in the budget. 2 SHERIFF LEITHA: Yes. Operation Lone Star. 3 JUDGE KELLY: So the public understands, 4 these are not new positions. These are positions that 5 were approved in the budget that we're now implementing? 6 SHERIFF LEITHA: Yes. 7 JUDGE KELLY: Any other discussion? Those 8 in favor say aye. Opposed? Unanimous. 9 Item 1.15 consider, discuss and take 10 appropriate action to approve funding and the job 11 description for Operation Lone Star Criminal 12 Interdiction Deputy and to continue to fund the Criminal 13 Interdiction Deputy position if grant funding is not 14 renewed in the next grant period. Sheriff. 15 SHERIFF LEITHA: Okay. This one's a little 16 more difficult. I've been talking to the Auditor. You 17 know, I understand where it says continue to fund, the 18 Court may have a problem with that. What I want to 19 explain to y'all is give you the big picture. I'll use 20 Kimble County, next to us. Several years they got four 21 Operation Lone Star or OLS Deputies. The Court, you 22 know, who knows how long this will be, I think it's been 23 going five, six years now for that. You know, we're in 24 year two, we've got one point two million dollars in two 25 years, I think that's really good. 58 1 So I think it's going to continue, talking 2 to our local State Senator Flores. He knows it's at 3 least here and next year, and thinks it's going to 4 continue to go. When I try to hire this -- this is 5 going to be an experienced deputy. You know I can't say 6 come here for 12 months and then, you know, we'll figure 7 it out. 8 I have to look at options to continue to 9 fund this. I can give you several ways. I can tell you 10 Kimble County said hey, you know, he went to his court 11 and said okay, we'll pick up those spots. Y'all may not 12 feel comfortable doing that. I can't tell you when the 13 money is going to run out. It's been going on five or 14 six years now. 15 The ways that I can tell you that I can 16 continue to fund this afterwards is, you know, the Court 17 verbally agreed to give me a deputy for we've talked 18 five years trying to get my staff up to seven. You 19 know, or you could say hey, Sheriff, you gotta absorb 20 that spot then, you can't fill it. If I'm full at that 21 time and you say that it's time to fill the spot and I 22 can't fill it. 23 You know Senate Bill 22, agreed to give it 24 year by year. It can always be funded by that. I can't 25 tell you when. It may be two or three years down the 59 1 line. 2 So I'm looking for the Court to approve this 3 position at this time. I can pay for it with Operation 4 Lone Star funding. I don't have -- I don't know how 5 many years. But I can't go to one of my experienced 6 officers and say hey, you know, this is basically 12 7 months and now I don't know what I'm going to do with 8 you after that. I mean there's other ways I can absorb 9 it. 10 What I'm thinking about in the next budget, 11 the next workshop, is coming to the Court, which I 12 wanted to do this last time is come to the Court, and 13 say hey, Court, you know, I'm asking for this OLS 14 Deputy. I might ask for two OLS Deputies, whatever I 15 ask for, for your approval pending I get this funding. 16 And then maybe we don't have to worry about it. I'm 17 just looking at options. You know, if I don't get the 18 funding, I lose the funding. Hey, Sheriff, the next 19 time get an opening not fill it, or it can only be 20 funded if I get the position. I'll be happy to answer 21 any questions. 22 COMMISSIONER LETZ: To me what you're saying 23 is the same as every position in the County. If we 24 don't approve it in the budget. So I mean I think 25 that's unnecessary language to have in the motion. It's 60 1 the job description we're approving, and we'll figure 2 out how it gets paid for next budget and budget after 3 that, and budget after that. Or we may say it's not 4 going to be approved, and you need to cut a person 5 somewhere. 6 SHERIFF LEITHA: That's perfectly fine. 7 COMMISSIONER LETZ: But not necessary to 8 have it in the court order in my opinion. 9 COMMISSIONER PACES: Is this somebody you 10 have identified? Do you have a candidate already? 11 SHERIFF LEITHA: Oh, I have several 12 deputies. We'll do a procedure. Interviews and stuff 13 like that. I have several guys as an option. But like 14 I said, this isn't something that a rooky can do. This 15 has to be a good experienced officer. We have several 16 that could do it. 17 JUDGE KELLY: Well, just to clarify, you're 18 really providing full disclosure to us. Because this is 19 what we have to do nearly on everything we're funding 20 for grants. We don't know if we're going to get the 21 grant the following year or not. And I appreciate you 22 warning us about it. But with the same token, this is a 23 position that's approved in the budget, and we're using 24 those grant funds, these OLS funds to pay this position 25 at this time, and we hope to be able to do that in the 61 1 future. But if we don't you're going to be at the 2 podium asking us to take a look at it. 3 COMMISSIONER HARRIS: You want to make a 4 motion with cleaned up language? 5 COMMISSIONER LETZ: I'll make a motion 6 that -- well, I guess the question, the wording has 7 approve funding and job description. So it's really 8 just approving the job description. 9 SHERIFF LEITHA: Yes, Sir. 10 COMMISSIONER LETZ: So it's not for funding. 11 The funding is -- 12 COMMISSIONER HARRIS: Right. The second 13 part of the language, we don't need. 14 COMMISSIONER LETZ: I'll make a motion that 15 we approve the job description for Operation Lone Star 16 Criminal Interdiction Deputy for the current budget 17 year. 18 COMMISSIONER HARRIS: Second. 19 JUDGE KELLY: We got a motion and a second. 20 Any discussion? 21 COMMISSIONER LETZ: I'll delete that for the 22 current budget year, because it's not. It's just -- 23 JUDGE KELLY: We're approving the position 24 period. 25 COMMISSIONER LETZ: Yeah. 62 1 COMMISSIONER PACES: And I think I 2 understand the Sheriff's issue here in trying to recruit 3 somebody to fill this position. They want to be assured 4 it's not a one-year job, and that they have some job 5 security. 6 SHERIFF LEITHA: And when that comes, 7 whether it'd be two or three years down the road. I 8 don't know what -- we'll have to work with that. But 9 we'll make something happen. 10 JUDGE KELLY: But again -- 11 COMMISSIONER PACES: I think we all 12 appreciate that. 13 JUDGE KELLY: So your full disclosure to 14 this Court is you consider this to be a permanent 15 position and you're going to be asking to keep it 16 filled? 17 SHERIFF LEITHA: Yes, Sir. Hoping to intend 18 on funding it through the grant. 19 COMMISSIONER LETZ: Well, what we're doing 20 we're taking the position and changing the job 21 description. We're taking a position and changing that 22 position. 23 SHERIFF LEITHA: Yes, Sir. 24 JUDGE KELLY: Got a motion and a second. 25 Any other discussion? Those in favor say aye. Opposed? 63 1 Unanimous. 2 Thank you, Sheriff. 3 Item 1.16 will be passed at this time. 4 Item 1.17 consider, discuss and take 5 appropriate action to authorize one time stipend to 6 employees for assistance with Grade and Step Schedule. 7 COMMISSIONER LETZ: We'll probably do it 8 without Executive Session. We may have to go in, we'll 9 see how it goes. Trying to get the step and grade 10 schedule worked out this past year. I think four 11 members of the Court were very aware with quite a task 12 for a number of reasons. 13 Two people helped with that, and was not 14 within their job description at all, and they spent a 15 fair amount of time doing it. One of them I went out on 16 a limb to say that we would pay for their assistance. 17 The other person didn't make a comment to, but I think 18 to be fair really it should be those two people should 19 get it. It's $335.00 each, what I'm recommending. And 20 if we want to talk about the individual employees, then 21 we go into closed session. 22 JUDGE KELLY: Does this sound kind of vague? 23 We can't talk about the names, or we do have to go into 24 Executive Session. 25 COMMISSIONER LETZ: Right. 64 1 JUDGE KELLY: But when we were looking at 2 how to compensate people to recruit and retain 3 employees, there were those that volunteered to help us. 4 And this is a stipend to pay them on the side for their 5 assistance. Some of them had to do with various 6 certifications. 7 COMMISSIONER LETZ: Yeah. And I think the 8 two employees that did it had expertise that helped. 9 But it wasn't part of their job description. They were 10 in different departments. 11 JUDGE KELLY: And it was truly invaluable 12 and we want to reward them for their volunteer work. 13 COMMISSIONER OVERBY: And you didn't have to 14 go outside to get that done. 15 COMMISSIONER LETZ: I make a motion that we 16 authorize a stipend, a one time stipend of $335.00 to 17 two employees that assisted. And HR, I'll make HR aware 18 of the two employees. 19 COMMISSIONER HARRIS: Second. 20 JUDGE KELLY: So we have a motion and a 21 second to approve the Step and Grade System as 22 explained. Any further discussion? Those in favor say 23 aye. Opposed? Unanimous. It carries. 24 Okay. We move on to the approval agenda. 25 Item 2.1 budget amendments. 65 1 MRS. SHELTON: Yes. You have before you 8 2 budget adjustments. And they're just line item 3 adjustments. 4 COMMISSIONER HARRIS: I move for approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE KELLY: Got a motion and second to 7 approve budget amendments as presented. Any discussion? 8 Those in favor say aye. Opposed? Unanimous. 9 2.2 pay the bills. 10 MRS. SHELTON: Invoices for today's 11 consideration amount to $1,066,198.97. 12 JUDGE KELLY: We have a motion to approve 13 the bills as presented? 14 COMMISSIONER PACES: I move to approve. 15 COMMISSIONER OVERBY: I'll second. 16 JUDGE KELLY: Okay. Got a motion and second 17 to approve the bills as presented. Any discussion? 18 Those in favor 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: Yes. Y'all have received two 23 internal audit reports. One for the Justice of the 24 Peace Precinct 2, and one for Environmental Health 25 Department. We're asking that you accept the reports. 66 1 COMMISSIONER PACES: Move to accept the 2 reports. 3 COMMISSIONER LETZ: Second. 4 COMMISSIONER PACES: As submitted. 5 JUDGE KELLY: As submitted. To approve the 6 reports as submitted. Any discussion? Those in favor 7 say aye. Opposed? Unanimous. 8 Monthly reports. 9 COMMISSIONER HARRIS: Yes. September 2023 10 Treasurer's report, Tracy Soldan. October 2023, Animal 11 Services, Director Reagan Givens. Veterans Services, 12 Director Jennifer Sanchez. I move for approval. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: We got a motion and a second 15 to approve the monthly reports as presented. Any 16 discussion? Those in favor say aye. Opposed? 17 Unanimous. 18 2.6 court orders. 19 COMMISSIONER LETZ: We have the Court orders 20 from our November 13th meeting, 40299 through 40329. 21 And Court order 40330 from our November 20th meeting. 22 Only one that I have is a slight question on and I'm not 23 sure if the language was 40234. This is in relation to 24 the Al Mooney Road Interlocal Agreement. I just noticed 25 something. I think Mooney is misspelled. I don't think 67 1 there's an "e" in Mooney. 2 JUDGE KELLY: I think there is. 3 COMMISSIONER OVERBY: Yeah, I think so. 4 COMMISSIONER LETZ: Okay, there is one. The 5 question was there is a language that was not included 6 in the very end, and that is to add this item is subject 7 to the project moving forward. That was not on the 8 original one I received, and that should be in there. 9 And there was -- 10 COMMISSIONER PACES: There was discussion 11 along those lines, but it wasn't in the original motion 12 that I agreed. 13 COMMISSIONER LETZ: I thought it was in the 14 motion. 15 JUDGE KELLY: It was. 16 COMMISSIONER HARRIS: You inserted, if I 17 remember right. 18 JUDGE KELLY: And we can just go back in and 19 include it. 20 COMMISSIONER LETZ: So just adding the 21 language, subject to the project moving forward. 22 MRS. GRINSTEAD: Yeah. I think the portion 23 Commissioner Paces was talking about, we added and court 24 approval. We took that back out. 25 COMMISSIONER PACES: That's where I was a 68 1 little confused. I would like to make it also subject 2 to Court approval, but that was not. 3 COMMISSIONER LETZ: Right. That was not 4 part of the motion. But the language to that effect. 5 COMMISSIONER PACES: Yeah. There was plenty 6 of language that gives us opportunities to approve. 7 COMMISSIONER LETZ: So with all that, did I 8 make a motion? 9 COMMISSIONER HARRIS: Not yet. 10 COMMISSIONER LETZ: Make a motion to approve 11 court orders with that one amendment to 40234. 12 COMMISSIONER HARRIS: Second. 13 COMMISSIONER OVERBY: Second. You got it. 14 JUDGE KELLY: Got a motion and a second to 15 approve the court orders as presented with the 16 amendments of today. 17 COMMISSIONER PACES: And what about the 18 order that we just amended today? Do we need to say 19 anything about that? 20 COMMISSIONER LETZ: No. I mean, because 21 that goes in our next group of minutes. We could, to 22 make it clearer, and delete that previous -- or cancel 23 that previous court order so there's not two court 24 orders over this type of road. Or do you think we 25 should, or does it make any difference? 69 1 MRS. GRINSTEAD: You asking me, or -- 2 MRS. STEBBINS: You want to rescind that 3 court order and adopt this Court order to clarify it? 4 Let me get the language. What item was that? You could 5 do that on this item. 6 COMMISSIONER LETZ: We can rescind it, the 7 previous one? 8 MRS. STEBBINS: Uh-huh. 9 COMMISSIONER LETZ: Well, it won't change 10 the court orders, but can you go back and re-call -- 11 COMMISSIONER HARRIS: Did we vote on court 12 orders? 13 JUDGE KELLY: We haven't yet. There's a 14 motion and second to approve court orders as presented 15 with the amendment, that we're going to address after 16 this. So with that, those in favor say aye. Opposed? 17 Unanimous. 18 Let's go back and call item 1.12, which was 19 the consider, discuss and take appropriate action to 20 amend Court Order number 40313 to include the 21 requirements outlined in the Transportation Code 22 regarding the Maldonado property. 23 What do we to want do with that? 24 COMMISSIONER LETZ: Gotta a rescind court 25 order -- 70 1 COMMISSIONER HARRIS: 40313. 2 COMMISSIONER LETZ: Yeah. But we're 3 rescinding the one that we -- 4 MRS. GRINSTEAD: Instead of amending it, 5 we'll rescind the original and do a new court order. 6 COMMISSIONER PACES: Rescind instead of 7 amend. 8 MRS. STEBBINS: So I think that I'll help 9 with that order. I don't know what order was entered 10 before, but I can help with the order to include the 11 language that identifies the Maldonado's so that it can 12 be filed in the deed records like their attorney asked 13 for. 14 MRS. GRINSTEAD: But with that initial court 15 order, we're going to rescind that court order and use 16 this one today. 17 MRS. STEBBINS: Uh-huh. 18 JUDGE KELLY: Well, item 1.12 talks about 19 court order 40313. 20 COMMISSIONER LETZ: That's the one you want 21 to rescind. 22 COMMISSIONER PACES: Yeah. 23 JUDGE KELLY: And what we originally did was 24 amend. And what we now passed, we're going to go back 25 and rescind 40313. 71 1 COMMISSIONER HARRIS: That's what I said a 2 minute ago. 3 JUDGE KELLY: Okay. We've got a motion and 4 second on that. Those in favor say aye. Opposed? 5 Unanimous. 6 Move on to -- 7 MRS. STEBBINS: Now, you need to have a 8 court order. 9 JUDGE KELLY: We already did it. 10 COMMISSIONER OVERBY: We just did that 11 before we did that. 12 MRS. GRINSTEAD: And who did the first and 13 second on that one? Sorry. 14 COMMISSIONER HARRIS: I was the second. 15 JUDGE KELLY: Letz moved and Harris 16 seconded. Paces on third. 17 Moving on, the information agenda 3.1 status 18 reports from department heads. Don't have any in the 19 room -- not many. 20 Move on to 3.2 status reports from elected 21 officials. Okay. 22 3.3 status reports from Liaison 23 Commissioners. 24 COMMISSIONER PACES: Just a couple things. 25 You know, we've already talked about it a little bit, 72 1 but we have formed a committee to work on the review and 2 hopefully improvement of our step system. And we had 3 another meeting on Wednesday. We've already had, I 4 think, two. 5 And just, I wanted to add in a little bit of 6 comment for the record on the eclipse planning. The 7 eclipse planning continues, but we are in good shape. 8 We're still expecting a very large turnout on April 8th, 9 despite the relatively small turnout for the October 10 annular eclipse. But that went as expected. Our 11 expectations for April, we'll continue planning around. 12 We're expecting a big crowd. That's it. 13 COMMISSIONER HARRIS: Yeah. I've got 14 something involved with a couple of mine. If you 15 haven't seen it out there at the Exhibit Hall, our 16 maintenance crew put in a window for the office area for 17 Jake and them, and where people can just come up to a 18 window, and gives them more room. Gives them all room 19 inside that room for desks, all three of them out there. 20 And plus it freed up another area, which was 21 the initial problem of storing the liquor from time to 22 time. They have a place to store it now and keep it 23 locked up and what have you. So it looks great. Both 24 the maintenance did an outstanding job with it, and very 25 low cost to us, and it helps things flow much easier out 73 1 there. 2 COMMISSIONER LETZ: And saves a lot of 3 money. The whole thing because TABC said we have to 4 have a lock up for liquor, and we didn't have a place. 5 So it saves us a whole bunch. 6 JUDGE KELLY: Okay. Any other Commissioner 7 reports? 8 Okay. With that we have what, one item in 9 Executive Session? 10 MRS. STEBBINS: There are three. 11 JUDGE KELLY: Three? 12 MRS. STEBBINS: Yes, Sir. 13 JUDGE KELLY: So we've got 4.1 will be 14 consultation with the attorney. 4.2 will be personnel 15 matters. a. is with a personnel issue with District 16 Deputy Clerk. And b. is a salary adjustment in KCSO. 17 Those will be items that will be in Executive Session. 18 And the time also now 10:37, and we'll go 19 into Executive Session. 20 (Executive Session.) 21 JUDGE KELLY: Okay. It is 11:24 and Court 22 will come back to order. We're going to follow up on 23 agenda item 1.15, which is consider, discuss and take 24 appropriate action to approve funding and the job 25 description for Operation Lone Star Criminal 74 1 Interdiction Deputy. Sheriff. 2 SHERIFF LEITHA: Commissioner Letz, I just 3 want to be a little more clear. This is a -- this 4 wasn't in last year's budget that we're in what month 5 two on. This is a position I'm asking for, to make 6 clear, you added to my budget but I'm able to pay for it 7 through Operation Lone Star. That and all the roll ups. 8 So it's kind of like the part-time position, but that's 9 a new position, but it's all able to be paid for through 10 Operation Loan Star. 11 COMMISSIONER LETZ: Right, but it's in the 12 current year budget. 13 JUDGE KELLY: The position is. 14 SHERIFF LEITHA: That's where -- 15 COMMISSIONER LETZ: It's a different 16 position, but a -- 17 JUDGE KELLY: The same job description of an 18 existing position. 19 SHERIFF LEITHA: No. 20 SHERIFF DEPUTY WALDROP: No. No. It's a 21 new position. Tanya's not in here. 22 MRS. STEBBINS: Does she need to be? 23 MRS. GRINSTEAD: I'll get her. 24 SHERIFF DEPUTY WALDROP: When we were going 25 through the budget process, and you know we had the 75 1 workshops talking about new positions. She said because 2 it is a grant-funded position. It is a position that 3 we're going to have to present during budget period 4 because it wasn't being paid for with the budget that 5 y'all had approved. 6 Now, at that time there was no money because 7 the grant had not been awarded yet. So the position was 8 not there until we knew that the grant was being awarded 9 and y'all accepted the funds. So now that you've 10 accepted the funds and approved the position, then we'll 11 present a budget for Operation Lone Star for this 12 period. If that makes sense. So it's a new position. 13 MRS. STEBBINS: And that's what happens when 14 you get a grant. You can create a budget outside the 15 normal budget County process to create a budget for 16 those grant funds coming out at that time. 17 COMMISSIONER OVERBY: That makes sense. 18 COMMISSIONER LETZ: I'm okay with doing it, 19 it's just I want to make sure -- 20 SHERIFF DEPUTY WALDROP: I think the 21 confusion that we had re-classified a position. But 22 this is a new position paid for through grant funds. We 23 just wanted to make sure that -- 24 MRS. SHELTON: And there is -- this may have 25 been what Heather was sayaing. And there is a local 76 1 government code section that allows us for a grant that 2 whenever we receive the grant, we can put the budget in 3 for it at that time, so that's what we're following with 4 all of the grants. Because many of them we don't know 5 by budget time whether we're going to get them. 6 SHERIFF LEITHA: That's it. Thank you. 7 MRS. GRINSTEAD: So are you wanting the 8 Court Order to read -- because as it reads now is 9 approving the job description. Do you want it to say 10 job description? 11 COMMISSIONER LETZ: Yeah. A motion -- 12 you're correct. The motion will need to say -- 13 JUDGE KELLY: Okay. Wait a minute. You're 14 getting ready to make a motion, right? 15 COMMISSIONER LETZ: I'm going to amend the 16 motion that I made earlier. 17 COMMISSIONER OVERBY: And add a little more 18 wording to it. 19 COMMISSIONER LETZ: Okay. The earlier 20 motion was to approve the job description. And I want 21 to add to include funding, which is from a grant, and 22 approve the job description. That's my motion. 23 COMMISSIONER HARRIS: Second. 24 JUDGE KELLY: Got a motion and second -- 25 COMMISSIONER LETZ: Or amend. 77 1 JUDGE KELLY: To amend the motion to not 2 only include approving the job description, but approve 3 the funding, and the job. 4 COMMISSIONER LETZ: Funding from the grant. 5 JUDGE KELLY: From the grant. 6 COMMISSIONER PACES: Operation Lone Star. 7 JUDGE KELLY: Operation Lone Star. So we've 8 got a motion, an amended motion and a second. Those in 9 favor say aye. Opposed? Unanimous. 10 Now, moving on to action as may be required 11 from Executive Session. The first one is a. which is 12 take action as may be required on matters in Executive 13 Session. And the first one is the personnel issue in 14 the District Clerk's Office. 15 COMMISSIONER HARRIS: Yes. We have a 16 position of a Deputy Clerk position at a 16-1, and we 17 want to move that to 15-1. 18 COMMISSIONER LETZ: Second. 19 JUDGE KELLY: Got a motion and a second to 20 approve the personnel change in the District Clerk's 21 Office as presented. Any discussion? Those in favor 22 say aye. Opposed? Unanimous. 23 COMMISSIONER LETZ: Tanya, you look like 24 you're puzzled on that. 25 MRS. SHELTON: No. It doesn't need a budget 78 1 adjustment. She just has more money for funding. 2 COMMISSIONER HARRIS: And for the public out 3 there, this is our other Deputy Clerk was a 15.1, and 4 she's looking at hiring a new one and for some reason 5 that position was at a 16-1. So they want to bring the 6 new person in at the same rate as the other people in 7 the office. 8 JUDGE KELLY: But in the interest of full 9 disclosure she's going to come back for a budget change 10 next year. 11 COMMISSIONER HARRIS: Request. 12 JUDGE KELLY: Request. 13 COMMISSIONER LETZ: Okay. 14 JUDGE KELLY: Now, the next item we have is 15 the salary adjustment for two employees in the KCSO. 16 Well, one is to increase an investigator who is at a 17 grade 25, step 5, investigator position, to put it at a 18 step 12, is where he is right now. And that would 19 increase that to a step 13, that investigator. So the 20 investigator would be -- 21 COMMISSIONER LETZ: That's the second one. 22 MRS. STEBBINS: It's a balance of two steps, 23 right? 24 SHERIFF LEITHA: Deputy Reyes -- 25 JUDGE KELLY: You can't do that. 79 1 COMMISSIONER LETZ: I got that one. I make 2 a motion to authorize the Sheriff to hire an employee 3 with a two step increase based on his prior experience. 4 COMMISSIONER HARRIS: Second. 5 JUDGE KELLY: Got a motion and a second to 6 allow the Sheriff to hire an employee with a two step 7 increase. 8 COMMISSIONER LETZ: That's right, isn't it? 9 JUDGE KELLY: From a 9 to an 11, right? 10 SHERIFF LEITHA: Correct. 11 JUDGE KELLY: Any discussion? Those in 12 favor say aye. Opposed? Unanimous. 13 And the second one on that is the one we 14 were just talking about, and that is the investigator 15 that is presently at a grade 25, step 12, and increase 16 that to a step 13. 17 SHERIFF LEITHA: No, Sir. 18 COMMISSIONER LETZ: From a -- 19 COMMISSIONER PACES: Was there a correction, 20 didn't get it right? 21 SHERIFF LEITHA: He's at a 11, and the 22 question was to go to 12 or 13. 23 COMMISSIONER OVERBY: He's right. He's 24 right. 25 COMMISSIONER PACES: From 11 to 12. Make 80 1 the motion that you want. 2 JUDGE KELLY: What I wrote down -- the 3 investigator's here. Got a senior investigator that was 4 at a step 25 -- I mean a grade 25, step 12. And we've 5 got another investigator at a step 25 -- 6 COMMISSIONER OVERBY: At 13. 7 JUDGE KELLY: At 13. 8 COMMISSIONER OVERBY: I took the same notes. 9 JUDGE KELLY: So I think we have to go -- we 10 want to bring the other investigator up to a step 13. 11 COMMISSIONER LETZ: Well, two of us -- I 12 said a 12. But I may not -- 13 COMMISSIONER OVERBY: No, no, no. But to 14 make it equal. Equal is 13. 15 COMMISSIONER LETZ: And there was -- 16 COMMISSIONER HARRIS: They said probably to 17 go to a 14, but I don't know where the Court is on that. 18 JUDGE KELLY: Well, time for a motion. 19 COMMISSIONER OVERBY: Hold on. He's not 20 quite with us yet. I took notes. He started off with 21 this but then he changed it to here. Now I'm confused. 22 SHERIFF LEITHA: That investigator, yeah, 23 is -- one investigator is at a 25 step 12. 24 JUDGE KELLY: And one's at a 25-13. 25 MRS. STEBBINS: One's at 11. 81 1 JUDGE KELLY: If we need to take a break, 2 this is important. 3 SHERIFF LEITHA: Yeah, it is. And I need to 4 verify this. 5 JUDGE KELLY: Why don't we take a five 6 minute break and get it right. 7 (Break.) 8 JUDGE KELLY: Court come back to order. 9 COMMISSIONER LETZ: The wording of my first 10 motion is that we're adjusting the salary; it's not for 11 a new hire. 12 COMMISSIONER HARRIS: Second. I agree with. 13 JUDGE KELLY: So that's really an amendment, 14 and you second that? 15 COMMISSIONER HARRIS: Yes. 16 JUDGE KELLY: And those in favor of the 17 amended motion say aye. Opposed? Okay, that one's 18 done. 19 COMMISSIONER HARRIS: And that was the first 20 one. 21 JUDGE KELLY: Yes. 22 COMMISSIONER LETZ: All right, Sheriff. 23 SHERIFF LEITHA: Okay. One Investigator is 24 a grade 25 step 13, the one. The one in question is at 25 a step -- at a grade 25 step 12. So the question is do 82 1 you want to give one or two? There you go. Clear? 2 JUDGE KELLY: Yes. 3 SHERIFF LEITHA: Okay. There you go. 4 COMMISSIONER LETZ: Somebody make a motion. 5 COMMISSIONER PACES: I thought you already 6 did. 7 MRS. GRINSTEAD: No. 8 COMMISSIONER LETZ: Well, I was talking 9 about it, but I never made a motion. 10 JUDGE KELLY: Never made a formal motion. 11 COMMISSIONER LETZ: Never got it out. So I 12 make a motion -- go ahead. 13 COMMISSIONER PACES: Okay. I'll make a 14 motion that we adjust the investigator's salary by one 15 step to a grade -- or step 13. 16 COMMISSIONER LETZ: Okay. Second. 17 JUDGE KELLY: All right. Got a motion and a 18 second. Any discussion? I think there's still a 19 concern whether or not that's sufficient. 20 COMMISSIONER HARRIS: You got one -- the one 21 we're adjusting has more experience -- experience and 22 you're adjusting him up to the guy he trained, basically 23 on some of that. 24 COMMISSIONER LETZ: The motion may not pass. 25 COMMISSIONER PACES: May not. Or you could 83 1 make a different motion. Nobody did. 2 COMMISSIONER LETZ: We got to vote on that 3 motion. 4 COMMISSIONER PACES: Now we have to vote on 5 this motion. 6 COMMISSIONER HARRIS: I -- I'm -- no you 7 don't. 8 COMMISSIONER LETZ: Or we could amend it. 9 COMMISSIONER HARRIS: I move to amend it 10 from a 13 to a 14. 11 JUDGE KELLY: If you'll agree to that. 12 COMMISSIONER PACES: Well, it doesn't matter 13 whether I agree to it; it matters whether we get three 14 votes. 15 COMMISSIONER HARRIS: That amendment would 16 need a second. 17 COMMISSIONER OVERBY: I'll give it a second. 18 JUDGE KELLY: Okay. We're going to vote on 19 the amendment first? 20 COMMISSIONER HARRIS: Well -- 21 COMMISSIONER OVERBY: The amendment. 22 COMMISSIONER HARRIS: The new motion with 23 the amendment is what you're going to vote on. 24 JUDGE KELLY: We haven't passed the 25 amendment yet. We have a motion and second to pass the 84 1 amendment, so that has to come first. So on the 2 amendment, which would to a 14; not a 13. Those in 3 favor say aye. 4 Those opposed? 5 COMMISSIONER LETZ: Aye. 6 COMMISSIONER PACES: I said aye already. 7 Not for opposed. I went along with it. 8 JUDGE KELLY: So that passed four to one. 9 Any other matters before the Court? There 10 being none, we are adjourned. 11 * * * * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25 85 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Regular Commissioners' Court. 9 Dated this the 9th day of December, 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