Commissioners Court - Regular Meeting

Good morning, everyone. It is Tuesday, August 25th at 9 a.m. And this regularly called session with the Kendall County Commissioner's Court is now called to order. We'll begin by calling roll. Mr. McCall.

Mr. Wiesion. Present. Mr. Chapman. Here. Mr. Carpenter. Here. And I'm present. We have a quorum consisting of all five members of the court. I'm just going to make a couple general announcements before I hand over to my colleagues, Commissioner McCall and Commissioner Wiesion, for announcements of our prayer and pledge. First, We're pulling item 26 from the agenda today. Number two, we are going to be doing service awards after our declaration of conflict of interest. Next, I know we have some very community sensitive issues on the agenda today. particularly the flock camera debate. So I just

Good morning, everyone. I wanted to welcome you. I'd like to welcome Pastor Neil Vanderbush from Messiah Lutheran Church to open us in prayer.

Thank you. At this time, I'd like to welcome Preston Hill, who lead the pledges, and he's a member of the Voss Eagle football team. Go, Preston.

All right. This opportunity to announce declarations of conflict of interest. Anything from you ladies today? No. Nothing. Gentlemen, anything from you? Nothing from me. And now we'll move to our awards. We have two folks that are not here today that were to receive awards. First, Brenda Felcone with our district clerk, 10 years of service. and then also Jesus Menara's recycling 15 years. So we'll start with Dalton Hurst with our sheriff's office, five years. Dalton, are you here? Yes, sir.

Well, congratulations. Would you like to say anything?

Next up, Heidi Justice, Auditor's Office, another tenure.

And last but not least, Dennis Rusk with Roden Bridge, 35 years.

Thank you for coming. I do have a request. Can you get a picture with his family too?

All right. Now we're going to get back on order here. We're going to start with comments from the bench. Commissioner McCall, would you like to say anything today?

Yes, I want to say that I appreciate all the emails, messages, phone calls regarding the agenda today. This is how local government should operate. Constituents having access to and engaging with their elected officials. Through your outreach, you have provided me with a tremendous amount of information and perspective that I otherwise may not have had. Your input has been invaluable in helping me better understand the issues and considerations surrounding decisions today. Thank you for taking the time to be involved and for being part of the decision-making process in Commissioner's Court tod

Thank you, Judge. Good morning, everyone. So some good news. Kendall County has been selected as one of 10 counties statewide to receive a 2026 Texas Association of Counties Best Practices Award. This award recognizes the program that we developed with the Berghain Volunteer Fire Department to address gaps in emergency response when volunteers are not available. The goal was to have personnel at the Berghain station 24 hours a day while keeping the volunteer model. And that's what Berghain has accomplished. So in addition to the county, this award belongs to Bergheim, to the men and women who'

Great. Thank you, Commissioner Regent. Commissioner Chapman, anything for me?

No, Judge, I'm going to let you cover that. All right. Thank you.

Commissioner Carpenter, you're up. Okay, so a couple things just to make an announcement. Coming up Friday, October 9th, 2026 at 630 at Singing Waters Vineyard in Comfort, Texas. There's going to be the Kendall County Friends of the Night Skies hosting a star party. And so that's going to be an opportunity to get educated about stars and see the stars through telescopes. It's going to be a fun night for kids and families. And then there's a group of local youngsters that have put together a pamphlet to help protect the night. It's furtherance of protecting against light pollution. And so they

So thank you. Do you want to piggyback on that? There will also be a $100 gift certificate awarded there at one of the local hardware stores donated generously a hundred dollar gift certificate to actually support dark skies. And so I think it was our ACE hardware distributor here in, in town. And so we'd like to thank him for, and all of his team for donating that for the dark skies.

I think we have one of their team members here today. Would you stand up? So thank you for your family support of this initiative. All right. Not to put you on the spot. All right. So next up, accounts payable claims. Consideration and possible action and approval of accounts payable claims for purchased services and vendors. So what's the total on today's 22 pages of the

Does anyone have any issues with any of the claims? If not, I'll entertain a motion at this time.

Judge, I move to approve accounts payable claims for purchases, services, and vendors in the amount of $946,810.31. Thank you for that motion, Commissioner Region.

Do I have a second? Second. Seconded by Commissioner McCall. Any further discussion? If not, Teresa, please call the vote.

Okay, next up, a request for Commissioner's Court to recognize Pete Macias, paramedic RN, and Jennifer Harris, paramedic, for their efforts in the care and exceptional EMS services to our community. Brian?

And I can concur to this because it was my court proceeding where this happened, and what I observed was outstanding because this was a individual in high distress and with extreme mental needs. And they just stepped up. And so I'd like to read the recognition for everyone. First of all, can Peter and Jennifer come up? You can stand right in front here. Peter and Jennifer, it's with great appreciation and pride that I recognize you both for the outstanding care, compassion, and professionalism you recently demonstrated while caring for an autistic patient who experienced a seizure and required

And it wasn't just EMS, our dedicated law enforcement officers in this building, Mark Diamond, Ovi, Gabe, and others stepped up at this moment of crisis as well and showed exceptional, exceptional service to this community. So let's give them a round of applause. All right. Next up, our burn ban. Is Brady here? Warren? Consideration of possible action regarding order number 0-20260825-1 regarding the burn ban. So let's see. So I know that conditions have worsened. Correct. What can you tell us today, Warren?

Perfect. And so it looks like the KBDI range is near the minimum 537. It's towards the high end. So this is a more serious condition that we're in right now. All right. So I move to reinstate the burn ban for a period of up to 90 days in the unincorporated areas of the county due to the existence of conditions that have created public safety hazards that would be exacerbated by outdoor burning pursuant to order O-2026-0825-1. Do I have a second? Second. Motion by the judge, second by Commissioner Chapman. Any further discussion? If not, Teresa, please call the vote.

Aye. Motion carries. Thank you, Juan. Thank you, Juan. Next up, consideration possible action regarding Resolution R-20260825-1, a resolution expressing support for TxDOT's transportation proposed improvements to State Highway 46, River Road at Hearth Road, Esser Road, endorsing a design alternative one as county's preferred alternative and urging acceleration of the project. Commissioner Regent?

Thank you, Judge. Good morning again, everyone, and Mary Ellen, thanks for being up here. Our county engineer is going to I'll also speak to this. So this is a project we've been working on for quite some time, and I'm pleased to see the pieces finally coming together. So TxDOT submitted the State Highway 46 HEERF ESSER improvements to AMPO for funding, and now we have a commitment of federal funding with Kendall County committing $1 million to the project. So we're going to look at alternative one. There were two choices, and this gives us some improvements to the intersection while preservin

Okay. I'll change the motion at this time.

Okay, Judge, I'd be happy to do that. Judge, I move to Adopt Resolution No. R-202-608-25-1, a resolution expressing support for the Texas Department of Transportation's proposed improvements to State Highway 46, River Road, Adherp Road, Esser Road, endorsing Design Alternative 1 as the county's preferred alternative and urging acceleration of the project.

Motion made by Commissioner Regents, seconded by the judge. Any further discussion?

I just want to say that it's encouraging to see the dedicated work of the Kendall County Fair Oaks Transportation Committee. I'm sorry, Kendall County, Bernie Fair Oaks Transportation Committee reflected in a plan that now has advanced to fruition. There are members of that committee that are here today. In 2024, the committee may not have anticipated that its diligent efforts would contribute to a preferred plan within such a short timeframe. I support this design as the county's preferred plan. which is also supported by the City of Bernie and Siblo Center for Conservation. Just wanted to po

Anything else? No. Please call the vote.

Okay. Next up. Consideration and possible action regarding Resolution R-20260825-2, a resolution accepting a grant from the U.S. Department of Justice in the amount of $915,961 through the Office of Justice. programs, OJP FY 2026 special attorney's program, round three grants to fund a position for a special U.S. attorney with the U.S. attorney's office. This is coming back because last court it was approved, but we didn't have a resolution. And so this is just to approve the resolution that was submitted. So at this time, I'll entertain a motion as to approval of the resolution.

Judge, I'd like to make motion to adopt resolution number R-2015. Excuse me. Resolution 2026-0825-2. Resolution accepting a grant from the U.S. Department of Justice in the amount of $915,961 through the Office of the Justice Program, OJP, fiscal year 2028, Special Attorneys Program, round three grant. to fund a position for special assistant U.S. attorney within the U.S. attorney's office. Thank you.

Motion made by Commissioner Chapman. Is there a second? Second. Second by Commissioner Carpenter. Any further discussion?

I just wanted to say one thing. My concern about this grant is that the county would be expected to assume substantial responsibility for administering and supporting this grant while realizing little to no tangible benefit. Given the workload, ongoing obligations, and limited value to our taxpayers, I'm not in favor of pursuing this grant opportunity.

Thank you. Any other discussion? If not, Teresa, please call the vote.

I abstain because of my last abstentions on the last two rounds. So with that, a motion passes 3-1. with one abstention. So commissioners from precincts two, three, and four in favor. Commissioner one opposed, and the judge abstained. Next up, agenda item 12. Is this one still on the agenda, General Counsel?

Okay, so we'll be taking no action on agenda item 12 because it's pulled. Okay. Now, the next three are flock items. I just want to clarify that The vote on number 13 has no impact on agenda items 14 or 15 because agenda item 13 relates to a prior year's contract. So it's an obligation that the county already incurred. So don't take our vote as an indication on anything about 14 and 15. So I just want to make that clear before we begin this one. So agenda item 13. Consideration and possible action on an agreement with Flock Safety Group to participate in the Flock Safety Platform and for neces

I'll open it up for any conversation or discussion.

Gentlemen, anything from you? I do, Judge. So I do appreciate what discount we got. But if you consider 13 cameras, even if they were done on day one, which I know they weren't, that's 22% of the contract was fulfilled. And I believe most of the remaining cameras were being installed within the last 30, if not 60 days. And so... I mean, I know I went to a small school, but the math just doesn't add up there. Yes, sir. We're paying for what we actually received, so that's my comment. Yes, sir.

So has this contract been fulfilled? Do we have all of the cameras in the ground right now, today?

Okay. So I had understood that we were at 80% a couple weeks ago when I asked you.

So, General Counsel, would you consider this company in breach of this contract?

I tend to agree with Commissioner Chapman on this, but in the grand scheme of things, I don't think it's worth getting into substantial compliance and all the nitpicking. So this one, the true is part of the issue is the next two issues. And that's going to be decide the fate of this contract. So I think we just, my recommendation is to support general counsel in this and approve this and get to the real, real debate. So I moved to, I moved to approve, uh, uh, I guess the participation in a flock safety platform for the necessary flock safety professional services and installation fees with th

Aye. Motion carries four to one with commissioners from precinct two, three, four, and the judge in favor. And precinct one opposed. All right. So I'm going to read the agenda item and then I'm going to call up constituents to come sit at either. You can sit at either table. I'll call two at a time so we can kind of speed this along. One sits on one side, one sits on the other. Once someone finishes or once the two finish, I'll call up two more and we'll just go through that and you'll have two minutes. You'll see on the screen to your right, there will be a little timer that shows up and it'l

I'm sorry. That's OK. Thank you. Thank you. Next up, Crystal Reeser and Nicole Bishop. And if Emily Hamburg, I can't read your writing. If you want to come to this next table and get queued up, you're good.

Thank you. All right. And Ms. Okenberg, if you can come to the other table and you may begin.

And Ms. Leah Beggs, if you can come to this table.

And one last call for Leah Beggs. Is she online? So I'm going to call James Oxford and Sean O'Connell. You may start, sir.

Thank you for your comments. And then we're going to call Sue Ann Pyle over here. All right. And you may begin.

Okay. And are you a Kendall County resident?

Thank you for your time. All right. Brody Huff, if you can come up next. I'm Sue Ann.

Next up over here is going to be Steven Riggs, and the floor is yours, sir.

All right. Next up at this table is going to be Emily Hamby. Oh, sorry. I already got her. Clayton Patton over here. All right, the floor is yours, sir.

Next up over here is going to be Lisa Albon. The floor is yours, sir.

Your time is up, sir. Thank you. Next up over on this side is going to be David Storley. Ma'am, the floor is yours.

Thank you for your words. Thank you. Thank you. All right, we're going to call Robert O'Connell up next, and the floor is yours, sir.

Thank you, sir. Thank you. All right. Next up on this side is going to be Gavin Nash. And then the floor is yours.

Last call for Gavin Nash. Okay. So we're going to call Adam Lang over here and Josh Person over here. Is Josh Person here? If not, we're going to call Justin Hebert. All right.

I want to commend you all for the spirited yet respectful debate. Did you submit a comment? All right. Could you just announce your name and

Thank you. All right. Did I miss anyone that would like to speak? Okay. All right. Again, I would like to thank you all for your spirited yet respectful debate. That's all what this court's about. So I'll kick us out, kick us off. I'm going to be short and sweet. So my background includes serving as a military prosecutor for 10 years. So I know the value of technology in solving crimes. However, Flock has lost the faith and trust of communities across the country, and including, in my opinion, Kendall County. And so as a result, I can no longer support Flock's presence in Kendall County until

Thank you, everyone, for being here and your time this morning. So Think about walking outside and your car's gone or you're a parent and your daughter hasn't come home and you're scared to death and every minute feels like an hour. And so in those moments, you want law enforcement to have the very best tools available. And we've heard from the sheriff's office and the district attorney that it works, that these cameras help catch bad guys and recover stolen property and find missing people. And those results matter to me. I wanted to support this technology from the beginning. But I believe t

Okay, I'm going to give them an opportunity.

I say something real brief. Yes, the granted that we're talking about was. Was from the sheriff's office and this is his item, so he has an opportunity to talk more than just three minutes.

Next slide, please. And Sheriff, we have 30 more items to get through today. I want to be respectful of your time. Can you kind of move on to some other key points you want to raise other than case law so we can kind of make sure we get the vote while all these citizens are here on this? I'm sure they're anxious to hear what the court members have to say, but I'm trying to balance this out to try to be fair to everybody. I don't want to be disrespectful and cut you off, but I'm trying to make sure we get the whole agenda done today. So if you can kind of start hitting your high points, that wo

I think we kind of, I think we got a nutshell on the Fourth Amendment.

From a legal perspective, I think the Fourth Amendment's been vetted pretty good from my perspective here for the citizens. And I see heads shaking that Fourth Amendment, they feel good about it.

I'm having to put your slide one back up for you.

Okay. All right. I think so. So thank you. I appreciate everything you've said. We're going to We're going to finish this item and take it to a vote. I know there's a couple of commissioners left to speak, and then we're going to take the vote. I appreciate everything you've done. We've heard a lot today, so I'm going to read the agenda item one last time so everyone knows exactly what the issue is before us. Consider impossible action in agreement with Flock Safety Group 8 to continue to participate in the Flock Safety Platform and for necessary Flock Safety professional services and installa

When I voted in favor of the MVCPA grant and flock contract, I did so because we were told the primary purpose was to enhance public safety. Protecting the people who live, work, and visit Kendall County is one of the most important responsibilities we have, and I remain committed to providing our law enforcement officers with tools that help keep our community safe. However, over the past year, and particularly over the last four months, additional information regarding flocks, operations, data access, data sharing practices has continued to emerge. As elected officials, we have a responsibil

All right. First of all, I'd like to apologize to you. Anybody that I didn't give a return email to that emailed me, there was a bunch, and I tried to answer as many as I could. But I didn't get back to everybody, and I apologize. So we've talked about LPRs, licensed play readers, and that's what I remember us talking about before. This has been about licensed play readers. When we first brought this program to mind here, I didn't really object to my license plate being red. I really don't care. I objected to the numbers that were going out there. And I don't think we would be sitting here tod

Okay. You know, my job as an elected commissioner was to represent my constituents. And this topic is overwhelming. No, they do not want this. And I know this is not popular with law enforcement or the criminal district attorney's office. I know there are crimes that are being committed where they can actually trace someone from where the crime occurred to the direction of where they live. I get that. Imagine being in Washington DC on January 6th and you wind up in jail for three years because you were at the wrong place at the wrong time. Just because your cell phone, they could ping your cel

And he's not going to be able to address your individual questions. It's more for the court. So does anyone from the court have any questions that they want answered? All right. If not, may I have a motion at this time on this issue? Would it entertain a motion as to agenda item 14?

Judge, I'll make a stab at it. Judge, I'd like to make a motion to not renew the agreement with Flock Safety Group and to stop participation in the Flock Safety and for necessary flock safety professional services and installation fees beginning on October 1, 2026 and ending September 30th.

Motion made by Commissioner Chapman. Is there a second? Second. Second by Commissioner McCall. Any further discussion? Yes. Mr. Carpenter, you're up.

To follow up on Commissioner Chapman's comments, what else could this fund be used for? Yes, sir. I don't, we've never even, we've never explored that idea on, you know, I'm not talking about license plate readers. Please don't, don't take that. But if we do have the grant, we did get it. We were accepted for the grant. I would like to see where else I can do something for law enforcement. I don't know if there's another way.

We could potentially use the money for the match. That wouldn't be a whole lot of money, but that would be some money.

Because I wasn't clear I heard. Could you please repeat your motion one last time?

My motion is to Not renew the agreement with Flockman Safety Group. Not renew the agreement. Gotcha.

Aye. Motion carries 5-0. And before I let you go, we're going to, I believe, Agenda 15 is now no action, correct? Okay. With that, we're going to adjourn until 1-15. for a lunch recess, and then we'll pick up with our public comment.

Okay, would you all mind? I'm going to reopen for public comments. There's three people that have to go out of courtesy. You've waited patiently, so I'm going to let you have your public comments, and then we'll recess. So would you mind coming up? So we're still in session. Thank you for letting me know.

Any objection for this general? Okay, we'll give you three, you're finished for three minutes.

Thank you, ma'am. Blake, Roland, do you still want to speak? Brody? Okay. Thank you. Yeah, no worries. Thank you. All right.

Alice Hansler, are you still here? All right. And last but not least, Heather Vesey. All right. Okay. So now we're going to recess till 1.15 for lunch. And with that, we're in recess. good afternoon everyone um i just just real quick i just wanted to uh go over the investment uh

Aye. Motion carries 5-0. Next consideration possible action on the payment of approved comp time at fiscal year end. Hey.

Okay. I'll entertain a motion as agenda item 18.

Judge, I'd like to make a motion to allow the auditor to pay out the accrued comp time at the As of last of September?

In the last payroll of September. Motion made by Commissioner Chapman.

Second. Second. Commissioner Carpenter, any further discussion? There being none, Teresa, please call the vote.

Thank you. Next up, request for Commissioner's Court to review and approve the proposed 2027 Kendall County Sheriff's and Constable fees as recommended by Sheriff L. Auxier, Constable Todd Setliff, Constable Paul Mill, Constable Gene Serene, Constable Brian Vaughn, District Clerk Susan Jackson, and County Clerk Denise Maxwell. So good morning, gentlemen.

Judge, I'd like to make a motion to approve the proposed 2027 Kendall County Sheriff and Constable fees as recommended by Sheriff Auxier, Constable Todd Setliff, Constable Paul Noe, Constable Jean Serene, and Constable Brian Vaughn, and District Clerk Susan Jackson, and the County Clerk Denise Maxwell. Motion made by Commissioner Chisholm, seconded by the Judge.

Any further discussion? There being none, Teresa, please call the vote.

Aye. Motion carries 5-0. Next consideration and possible action on request by the auditor to conduct an audit of the Kendall County Sheriff's Department 59 asset forfeiture report as required by Article 59.06 of the criminal procedure.

Understood. We'll have to work on the wording for the final stage for the motion. It's a routine. It's a manual deal that we do every year for Chapter 59, asset forfeiture. Okay, I'll entertain a motion as to this item.

Judge, I move to approve that the county auditor conduct an audit of the Kendall County Sheriff's Office Chapter 59 asset forfeiture report. as required by 59.06 of the Code of Criminal Procedures.

I would like to amend my motion. I move to request that the county auditor conduct an audit of the Kendall County Sheriff's Office Chapter 59 Asset Forfeiture Report, as required by 59.06 of the Code of Criminal Procedure.

Motion to be made by Commissioner Region. Do I have a second? Second. Seconded by Commissioner McCall. Any further discussion? None. Theresa, please call the vote.

Aye. Motion carries 5-0. Next up, consideration of possible action regarding the asset transfer request to transfer unit 1913, which is a 2019 Ford F-250 from Randall Patrol to detention. All right, and so I guess this is a. A vehicle that's no longer being used by detention or by animal control, and it's going to be have a good use intention.

OK, I'll entertain a motion at this time. Is that an item 21?

Judge, I'd like to make a motion to approve moving the asset or approve the asset transfer request to transfer unit 1913, which is a 2019 Ford F-250 from animal control to detention. Motion made by Commissioner Chapman.

Do I have a second? Second by Commissioner Carpenter. Any further discussion? There being none, Teresa, you're up.

Aye. Motion carries 5-0. Next up, consideration and action to approve the list of central count station personnel. Stacey Depper.

Okay. And the central count, and that's all your employees?

Stacey, you have four employees. I do, yes.

So at this time, I'll entertain a motion as to agenda item 22.

I move. Oh, go ahead. No, go ahead. I move to approve the list of central count station personnel.

Okay, motion made by Commissioner McCall. Do I have a second? Second. Seconded by Commissioner Weijan. Any further discussion? There being none, Teresa, please call the vote.

Aye. Motion carries 5-0. Next up, consideration action to approve the list of election judges for a one-year term beginning October 1st, 2026.

At this time, I'll entertain a motion as to this agenda item. Judge, I move to approve the list of election judges for a one-year term beginning September 1st, 2026.

We have a motion made by Commissioner Weijan. Do I have a second? Second. Seconded by Commissioner McCall. Any further discussion? There being none, Teresa, please call the vote.

Aye. Motion carries 5-0. Thank you. Next up. Thank you, Stacey. Consideration possible in action regarding the appointment of a representative from Kendall County Appraisal District Board of Directors to fill the vacancy created by the resignation of Rodney G. Edmondson.

Judge, I talked to a few people in the community, and I was able to get one person interested in serving on this board. General Counsel, how do you want to handle speaking about this person and interviewing him? Do we have any protocol or counsel?

No, this is the only applicant I'm aware of. So, I mean, I'm comfortable with just this potential appointee.

Give everybody a minute to look at it. Yes.

So I wanted to say that I think we do need to fill this position today because September 2nd, which will be before we have our next commissioner's court, the appraisal board is going to review their budget and the budget is going to increase by almost $100,000. So I think we do need a representative there. with our vote. But I also wanted to know, how have we done this in the past? Do we interact with them quarterly? How do we, you know, how does that?

This process, we inherited Mr. Edmondson from the prior court. So this is our first chance to ever appoint someone. And so we didn't really establish a process for interacting. So this is our first opportunity to set a precedent for what our expectations are. And so we can set up another court where we sit down with our new appointee and kind of lay out what we expect of updates and things of that nature. So if you'd like to do something like that, we can certainly entertain that at a later date. But if today's main concern is to get the appointment done, but we can address your concerns down

Well, just again, to just make sure that we're, that they're representing the court's interest, just concerned.

So this candidate's name is Neil Reby. He is a bona fide member of of the County, resident of Kendall County. He has an MBA, University of Texas, San Antonio, BA of Rice University. So, um, you can see his professional and technical experience through here. Um, I'm, I'm happy moving forward with Mr. Revy. He is very, uh, eager to serve and in light of no other candidates and we need to do something, I'm good with, uh,

he's no nonsense and very direct and analytical and i think he brings to the table what we're looking for in the representative so i so uh would you like to make a motion commissioner sure judge um i move to appoint neil d reby to wait where are we hold on number 24 um to the kendall county appraisal district board of directors to build a vacancy created by the resignation of rodney g edmondson motion made by commissioner regent second by the judge any further discussion If not, Theresa, please call the vote.

Aye. Motion carries 5-0. Next up, consideration of possible action in the handling of revised job descriptions. Commissioner Chapman, you're up.

So I've gotten several different department heads have talked to me, which is why I wanted to bring this in. Anyway. First of all, the attached instructions on how to file these job descriptions were never filed and officially approved by the court. And so I don't think that they should apply, number one. Number two, this needs to be going to HR and not a commissioner, not... A commissioner's helper, not somebody else. This needs to go to HR. This is a function of HR. And if we don't have confidence in our HR department, then we need to fire. And she's sitting right out here. So I think we nee

So I'd like to respond. First of all, this process is working. I have several department heads and elected officials who have agreed that this process is needed. It did pass the review and maintenance process did pass Commissioner's Court on July 14th of this year. And this is just a detailed process that I put together to aid those in turning in the job descriptions. When we did the job description training, I asked HR how soon we could get these job descriptions done, and I was told by the end of the year. I thought we could get to it sooner, which is why I put it on the agenda. I was also t

I agree that we need the job descriptions. What I disagree with the use of words shall and must to elected officials and department heads. Also, would like to say when these eventually do come in, they have to be brought to court and approved by court. And what I don't want to see is that we are presented on one commissioner's court meeting with 100 job descriptions to approve in one commissioner's court. That would not be fair to this court or anybody else because there's no way we can approve that many. So each one of these job descriptions has to come back to court for approval. Once that's

So if it's an existing job description with no changes, maybe no substantive changes to the job, we are simply doing a review process and getting the employee to sign and date it, and we have an accepted job description on file, just like when they're hired. So any kind of changes, and what I spoke about was one department where every single job description needs to be changed. There's five people in that department. those have fallen through the cracks and we need an accurate job description so that if there was some type of a liability issue, we would have on file a current job description.

I don't think that's the concern. I think the concern is, okay, say they all get to you, you bring them to court. I know I don't want to sit down one day preparing for court, and have to review 100 job descriptions. That's going to be a waste of time because I don't know what everyone does. I don't have the time to research it. I think it'd be better to have batches, like we consider five every court and whatever, so we can do it in small increments. I think that's a more productive way. And then I don't think, and the other thing is, this procedure was never approved. Yes, we approved approvi

So I'd like to address that. I received an email from Melissa with her job description, asked her to go to her department head as the instructions. Again, it's a guidance tool for submitting these, which was reflected in what our vote was for the process. And the job description itself was put in a chair in the lobby, signed. We want to have a chain of custody for these with employee signatures on them.

And that's why I set up this process to detail one delegated authority to you to set up this policy and to mandate that every single elected official and department follow that four page document. That is the concern. There's a simple way to do it. Someone signs the document. that they want to submit to you, they hand it over to HR, give it to you, and you guys meet as a committee and do whatever you want to do. It doesn't have to be complicated. It's becoming complicated.

I have a question And I may be wrong. This is our fourth time Around doing budget and everything else, but did we ever approve the compensation committee's procedures? that would be up to the judge because I I believe the judge of the court approved a procedure for that.

We don't even have procedures anywhere. I mean, I agree that we need procedures, but we can't default to another level that's not even organized and approved by the court either. But I feel like there's there's a couple of things going on here. If it's taking three or four months to update job descriptions, that's the first thing that we need to pay attention to, that we need to be better with our record keeping and make sure that our job descriptions are being maintained better in every department. If there's an elected official that's not wanting to participate, that's not okay either. We ha

So I'd like to mention what the wording was for what the court adopted, and it was the countywide job description review and maintenance process. This is a new process. The instructions that I put together, I wanted there to be every possible, um, scenario envisioned and address it. And that's why it's quite wordy. And then if I, if, if the receptionist who receives those is not available, those same, um, instructions are repeated for me to receive those, um, And in the instructions, it does talk about that if there are minimal changes to the job description, again, this is the first time we'r

And it looks like we, the court order was a process and you took great pains to do a step-by-step process of how to do it. Could we disagree on how to do it? If you've got some improvements you would like to make and help commissioner, that would be great. She's trying to assist your department because you were not able to get it done by the end of the year. So I applaud her on trying to get this across the finish line. So if we've got suggestions to tweak the process, then that should be okay. And I would agree that we can't plausibly bring 100 job descriptions in. So I guess, Commissioner, y

Especially with Road and Bridge, we had the flood. I've talked with the engineering department. I understand there are challenges.

So again, this is a process for every department, not the newest or the oldest. It's everybody. And we didn't say whether it was one department that just started them or not. It's a process. It's new. It's a review.

I have received one. I'm sorry. I've received three so far and they're getting them together. They started them in July. It's a process again, but I have, we have appointments this week for more. And so.

I guess my question is who decides whether there's been a change in

Well, it is up to the department head. And again, as Juanita mentioned, they know what's best. They know their employees the best. And so for this initial year, we are going to start with this process and it will be up to the department head. And as we review them going forward. If there are changes that need to be made and they need to come back to court, we can do that.

Who makes the decision that there has been a change made, which if there's been a change made in the job description, then it must come back to commissioner's court.

Right. And then that's stated in the directions.

The department head and I would think especially, so with the ones we're going to go through that we are rewriting, I have already requested a meeting with Juanita and with Jen to make sure that they're accurate for the full department that needs to be redone. And so it'll be HR and the department head and myself.

With all due respect, The decision should be with HR as to whether or not there has been a change. They have the training. They have the knowledge about job descriptions. They are the ones that should say there is a change here and it just wasn't the word and or the. It was a change that needs to come back to court.

Then I would say that she has the opportunity to let us know that and we can address it at that time.

And we can't blanketly accept changes of the department head because, as Juanita stated, from the experience of the compensation committee, we end up with job descriptions that are 10 pages long because that's what the department thinks is correct when it's not the proper way to do a job description. So, again, it's the experience on the compensation committee. I know you're new to it that we have been dealing with job descriptions for the past three years, and it's not as easy as it's being made out to be.

So I go back to the fact that this is a new process. And if there is a job description that HR receives that they feel as too many changes, then we can address it at that time. We will go back to the department head and get the necessary changes. I just don't think we need to wait to the end of the year. We've already passed this process through commissioner's court.

So I guess are we assuming that HR is going to look at these?

They're receiving them. The last step is to get them to HR to be put in the employee's file.

But does your policy state they're to read and review them and critique them?

No. We can add that. Again, this is new. There's definitely, I mean, you're pointing out some things that need to be tweaked.

Those are important things. So we will definitely. I'd like to see this come back to court next time with some instructions that are not AI written, that are just simple, plain language on the process. The process needs to include the final thing is that the HR department is going to review them to make sure that they meet the overall standards of HR, and there have been or not been changes made.

OK, we can add that. And I do want to say that we have guidelines for use of AI, which almost everyone I've talked to

So we'll take no action on agenda in 25. 26 has been pulled. And now to the Burdick Center. Consideration of the Burdick Center Committee membership to include Judge Cahoon, J.P. Naver, Elections Administrator Stacey Decker, and to consider any other changes to committee membership to provide input and coordination regarding planning, design, construction, and implementation of the Burdick Center project. Commissioner Wieschen, floor is yours.

Yes, thank you, Judge. And so just to kind of update everybody, Judge Cahoon has kindly come to Commissioner's Court and met with several of us and raised concerns about needed space for the district court. And it's our job as commissioners who are responsible for the budget to listen to the elected officials and department heads and make sure that they get what they need. At the same time, it's our responsibility to set the budget and balance those needs with everything else the county has to do. So as I see it, we have three needs in front of us. The district court needs additional courtroom

Thank you, Commissioner Carpenter. And so with that, we just want to expand that committee and I can make a motion. But I think real quick, we'll hear from Judge Cahoon and Stacey and Judge Nabors since his regrets. He had a prior engagement and he just sends his thanks to the court for trying to facilitate the things he needs to do his job.

Just one point real quick. Sharon, our purchasing agent, and you can correct me if I'm wrong, but I think that we have gotten the RFQ applicants in and you've formed a committee and you should be able to. It should be coming to the next court to move forward. Coming to the next court to move forward. Okay. So, Judge Cahoon, that is in the works.

Well, thank you very much for reminding us again of your needs, and that is the next step. And for us to sit down with the architect, he was here, as you know, last Thursday to look at the courtroom and just see how we can configure this and take this building that's a great county asset and use the least amount of dollars and the maximum amount of space to get needs met. So it sounds like we have a committee, and with that, I move to update the Burdick Center Committee membership to include District Judge Kirsten Cahoon, Justice of the Peace Committee, Precinct 2 Judge Naber and Elections Adm

Okay, thank you. All right, motion made by Commissioner Regan. Do I have a second? Second. Seconded by Commissioner McCall. Any further discussion?

Yes, I just wanted to say that I appreciate Commissioner Wieschen bringing this forward. I think it's a forward-thinking approach to meeting the county's growing needs. And I would also like to add that I think we need to exhaust every resource we have here in the building. And I wanted to ask and add that that the commissioner's court coordinator work with the district judges and visiting judges coordinators in using the commissioner's courtroom, because we need to exhaust all the spaces we have here. So just wanted to add that.

Good. I just want to make sure we were using every space we had here in this building before sending Judge Falkenberg across the street or having to change buildings.

All right. Any further discussion? Teresa, you're up.

Aye. Motion carries. There are no public hearings scheduled. So consent agenda. Thank you, ladies. There is items A through O on the consent agenda. Does anyone want to remove any one for separate discussion and voting? If not, I'll entertain a motion as consent agenda items.

Judge, I'd like to make a motion to approve the consent agenda items for August 25, 2026, items A through O.

Motion to be made by Commissioner Chapman, seconded by Commissioner Carpenter. Any further discussion? If not, Teresa, please call the vote.

Aye. Motion carries 5 to 0. Next up, contracts. 29. Consideration of possible action regarding an agreement with Visit Comfort Texas to provide marketing services for the purpose of building Comfort's digital brand, developing wayfinding and visitor infrastructure, providing marketing, education, and promotion for local businesses and entrepreneurs. Measured through tourism and visitor data that will provide the county the cost not to exceed $5,000. Carpenter, you're up.

Judge, I move that we approve the agreement with Visit Comfort to provide marketing services for the purpose of building Comfort's digital brand, developing wayfinding and visitor infrastructure... providing marketing education and promotions for local businesses and entrepreneurs measured through tourism and visitor data that will be provided to the county at no cost, not to exceed $5,000. Motion be by Commissioner Doppler. Is there a second?

Second by Commissioner Chapman. Any further discussion?

Yes. This is in reference to the $5,000 that we approved earlier in the year, and this is just a formal contract.

If there's no further discussion, Marisa, please call the vote.

Aye. Motion carries 5-0. consideration of possible action regarding the second amendment to the license agreement for the use of the county courthouse between Kendall County and Bernie Market Days. Management to allow the event to be held on county property from 6 p.m. on October 2nd, 2026 through 9 p.m. on October 4th, 2026. This is our annual agreement with Bernie Market Days. So I move to approved the second amendment to the license agreement for the use of the county courthouse between Kendall County and Bernie Market Days management to allow the event to be held on county property from 6

Aye. Motion carries 5-0. Next, consideration of action regarding the FY26 First Amendment to the agreement between Kennel County and Animal Springs Volunteer Fire Department from October 1, 2025 through September 30, 2026, with an annual allocation in the amount of $37,042 and an annual stipend of $4,000. Chad, I'll entertain your motion.

Judge, I move that we approve FY26 First Amendment to the agreement between Kendall County and Alamo Springs Volunteer Fire Department from October 1st, 2025 through September 30th, 2026 with an annual allocation in the amount of $37,042 and an annual stipend of $4,000.

Motion made by Commissioner Carpenter. Do I have a second? Seconded by Commissioner Chapman. Any further discussion? There being none, Teresa, please call the vote.

Motion carries 5-0. Next up, consideration of possible action regarding FY26 Kendall County Emergency Medical Service and First Founder Organization Affiliation Agreement for the Fire Protection and Emergency Response Services between Kendall County and Alamo Springs Volunteer Fire Department. Commissioner Carpenter?

Judge, I move that we approve FY26 Kendall County Emergency Medical Services and First Responder Organization Affiliation Agreement for Fire Protection and Emergency Response Services between Kendall County and Alamo Springs Volunteer Fire Department.

Motion made by Commissioner Carpenter. Do I have a second? Second. Second by Commissioner Chapman. Any further discussion? There being none, Teresa, you're up.

Motion carries 5-0. Next up, consideration of possible action around the FY26 HIPAA Business Associate Agreement between Kendall County and Alamo Springs Volunteer Fire. Commissioner Carpenter?

Judge, I move that we approve the FY26 HIPAA Business Associate Agreement between Kendall County and Alamo Springs Volunteer Fire Department. Motion to be made by Commissioner Carpenter, seconded by Commissioner Chapman.

Any further discussion? There being none, Teresa.

Aye. Hi, motion carries 5-0. Next up, consideration of possible action regarding the request for the Comfort Athletic Booster Club to use Faultine Field in Comfort to host an event which will entail building a bonfire and lighting it on fire on September 9, 2026.

Commissioner Carpenter? Yes, just a few words on this real quick. We realize we have a burn van. We're also... The bonfire is staffed by the fire department, and it's in an area where it's well protected. And so I talked to Brady about this last night, but it will be manned the whole time until it's done. Thank you for clarifying that. Judge, I move that we approve the request from the Comfort Athletic Booster Club to use Faultine Field and Comfort to host an event which will entail the building of a bonfire and lighting it on fire September 9, 2026.

Motion made by Commissioner Carpenter. Is there a second? Second. Second by Commissioner Chapman. Any further discussion? There being none. Teresa, you're up.

Motion carries 5-0. Consideration possible actually regarding requests for road closures for the Comfort Annual Homecoming Parade to be held on September 9, 2026 at the following locations, 5th Street to Main Street, 5th Street and High Street, High Street and 5th Street to 8th Street, and 8th Street to Main Street. Commissioner Carpenter?

Judge, I move that we approve the road closures for Comfort Annual Homecoming Parade to be held on September 9, 2026 at the following locations, 5th Street and Main Street, 5th Street and High Street, High Street from 5th Street to 8th Street and from 8th Street to Main Street. This would start, I think this would start at, do we need a time on there? It'd probably be nice if we do that. Okay.

That's my fault. Do you think it's the same as the Bonfire or the It's it's right before the bonfire so it would be around 6 o'clock.

If you start with a treasure of 5.30 in the early evening hours, you know, let's just keep it bigger OK so in the early evening hours in the early evening hours, OK. I'm cool with that that work. We amend your motion included in the early hours.

Yeah, I'm in my motion to include the evening, early evening hours on September 9, 2026. And that motion is seconded by Commissioner Chapman. Any further discussion?

Aye. Motion carries. Next up, consideration of possible action regarding the proposal for 2026 services renewal with Numo Group LLC for the agreement for Vanguard Records Management and Imaging System Software Hardware Solution for the county clerk's office for fiscal year 2025-2026 in the amount of $68,617.50. Which contract will automatically renew on October 1, 2026 for an additional one-year term and authorize the county judge to execute the documents? Sharon, I'll let you.

I move to approve the proposal for 2026 services renewal from the Nemo Group LLC for the agreement for Vanguard Records Management and Imaging System Software Hardware Solution for the County Clerk's Office for fiscal year 2025 to 2026 in the amount of $68,617.50, which contract will automatically renew on October 1, 2026 for an additional one-year term. and authorize the county judge to execute necessary documents, contingents on general counsel's approval. Do I have a second? Second. Seconded by Commissioner Wieschen. Any further discussion?

I did notice that in the URL, because I go to that website a lot and great research, and it had the little end, you know, kind of like in the logo. So I wondered what that was. Their new branding. Okay.

If there's no further discussion, Teresa, you're up.

Aye. Motion carries 5-0. Thank you. Thank you, ladies. Next up, consideration of possible action regarding an amendment to the Hill Country... energy sub-regional planning commission interlocal agreement to renew the agreement for FY2027. Commissioner Nicole?

Yes. On April 28th, 2025, Kendall County Commissioner's Court approved, I'm sorry, on April 28th, 2026, Kendall County Commissioner's Court approved an amendment to the Hill Country Energy Sub-Regional Planning Commission's interlocal agreement to address oversights in the November 2025 agreement. Specifically, the amendment revised the board membership structure to reflect the addition of Gillespie County and clarify Gillespie County's responsibility. appointing a landowner representative to the board within the established rotation of odd and even years. The amendment before the court today

At this time, I'll entertain your motion.

So I move to approve an amendment to the Hill Country Energy Sub-Regional Planning Commission, HCESRPC, interlocal agreement to renew the agreement through FY2027.

The vote should be by Commissioner McCall. Do we have a second? Second. Seconded by Commissioner Carpenter. Any further discussion? There being none, Teresa, please call the point.

Nay. Motion carries 3-2 with commissioners from 1, 2, and 4 in favor and the judge and commissioner Chapman against. Next up, consideration of possible action on proving the final plant established in the Kershke Ranch located on the southeast side of Ammon Road, about 0.17 miles east of Savannah, John Boulevard. In accordance with the 2022 development regulations, create 11 lots with an average lot size of 10.051 acres per lot. and 5,748 linear feet of private roadway, and each lot will be served by individual well and individual on-site sewage facilities. Hello.

Judge, I move to approve the final plot establishing the Kershka Ranch located on the south side of Ammon Road about 0.17 miles east of Savannah John Boulevard in accordance with the 2022 development regulations to create 11 lots with an average lot size of 10.051 acres per lot. and 5,748 linear feet of private roadway, and each lot will be served by individual well and individual on-site sewage facilities.

Motion to be made by Commissioner Weigin. Do I have a second? Second. Seconded by Commissioner McCall. Any further discussion? There being none, Teresa, please call the vote.

Consider it. You have one more, ma'am. Consideration of possible action in approving the financial guarantee for the final establishment of the Persky Ranch, located on the south side of Ammon Road, about 0.17 miles east of Savannah, John Boulevard, in the form of a cashier's check in the amount of $216,870.22 to secure the construction of a required private road. Mr. Regent?

All right, Judge, I move to approve the financial guarantee for the final plot establishing the Kershka Ranch located on the south side of Ammon Road, about 0.17 miles east of Savannah John Boulevard, in the form of a cashier's check in the amount of $216,870.22 to secure the construction of a required private fire road.

Motion to be made by Commissioner Regent. Do I have a second? Second. Seconded by Commissioner McCall. Any further discussion? If not, Teresa, please call the vote.

Next consideration. You're welcome. Consideration possible action approving the replant of Town of Comfort creating lots 21B1, 21B2 located in 119 Idlewild Comfort about 0.23 miles east of US Highway 87. In accordance with the 2022 development regs, to create two lots out of 1.486 acres with an average lot size of 0.743 acres per lot, and both lots shall be served by water and sewer from WCIDU number one. A public hearing was held April 14, 2026, and one letter opposing the development was received the same day. Julie Catherine Quest-Brooks, I'm going to have full country properties. All right

Judge, I move that we approve the replant of Town of Comfort creating lots 21B-1, 21B-2 located at 119 Idlewild Comfort about 0.23 miles east of US Highway 87 in accordance with the 2022 development regulations to create two lots out of 1.486 acres with an average lot size of 0.743 acres per lot and both lots shall be served water and sewer from WCID number one. Public hearing was held April 14, 2026, and one comment letter opposing the development was received the same day.

Motion made by Commissioner Carpenter. Do I have a second? Second. Second by Commissioner Chapman. Any further discussion? There being none, please call the vote.

Aye. Motion carries 5-0. Next up. Consideration of possible action on approving the final plat of Freedom Place Business Park, the subdivision located in the intersection of Upper Cibolo Creek Road and IH 10, in accordance with the 2022 development rules. The proposed private subdivision plat would create three lots out of 14.546 acres for an average lot size of 4.849 acres per lot, and on one lot create 40 units. Lot shall be served by subdivision public water system and individual on-site systems. Mr. Carpenter?

everything else. Cause you said it's tight on the court, Northern quarters.

At this time, Chad, I'll entertain your motion. Judge, I move that we approve the final plot of Freedom Place Business Park, a subdivision located at the intersection of Upper Cibolo Creek Road and IH 10. In accordance with the 2022 development rules, the proposed private subdivision plot would create three lots out of 14.546 acres for an average lot size of 4.849 acres per lot, and on one lot create 40 units. The lots shall be served by a subdivision of the public water system and individual on-site septic systems.

Second. Seconded by Commissioner Chapman.

Any further discussion? I do have one comment. Yes, sir. As to this and the previous item, which we approved, both meet our rules? Yes, sir. Both are using more water. And in looking at both the Twin Canyon well and the Comfort well, with two years of July flooding, the Comfort well is up one foot over its low. And so that's going to be a problem. I've said this many times. I'm going to keep saying it. And with the Twin Canyon well, this right now it's at the roughly the second lowest since 2019. So at some point in time, all of these wells are going to hit bottom and then this land is not goi

Aye. Motion carries 5-0. Next up, consideration of possible action approving the financial guarantee for Freedom Place Business Park in the form of a bond in the amount of $411,755.00. and 89 cents to secure required road and drainage improvements. Chad, I'll entertain your motion.

Judge, I move that we approve the financial guarantee for Freedom Place Business Park in the form of a bond in the amount of $411,755.89 to secure required road and drainage improvements. Motion to be made by Commissioner Carpenter, seconded by Commissioner Chapman.

Any further discussion? There being none, Teresa, you're up.

Aye. Motion carries 5-0. And last but not least.

You want it with the whole court or what do you want? I'll take it.

They just want the engineering department.

All right, homestretch. Consideration of possible action regarding future meetings between commissioners, court employees reporting directly to commissioners, court during public meetings and open sessions as appropriate to allow the direct reports a regular opportunity to communicate with their supervisor to discuss various matters, which may include job duties and responsibilities, challenges, concerns, departmental operations and upcoming projects. Commissioner Regent, Commissioner Carpenter, I'll hand off to everyone to take lead.

I'll kick us off. So we've talked about doing this for some time. Commissioner's Court does supervise a number of employees and department heads, and I think we need a regular opportunity to hear from them. So it's just simply a chance to talk with them about what they're working on, any challenges or concerns, budget or staffing needs and upcoming projects. And we can certainly take guidance from General Counsel on what she thinks, but my thought is to put one or two at a time on the court agenda. and work our way through the direct reports throughout the year. And some discussions will be in

I don't even think you need a vote on this. I just think it'd be as long as it's a concurrence that that's what we want. Just put it on the get with Jen and have Jen get with Melissa to do it. I think that's the cleaner way because I just, I mean, this is just the internal operating procedure that if we agree to it, I think that's sufficient for all.

I'm open to any suggestions. Alpha works as well. Judge, you have an idea?

Because that's easy to do. Yeah. And, I mean, it's going to be in a rotation anyway. So somebody's going to go first and somebody's last and it'll be that one. And it'll start all over. Yeah. Yeah.

I say let's start like October 1st and a new physical fiscal year. And just that way, because we got some things we had to plow through in the next month. So like the budget and whatnot. So that's my.

I say 15, 20 tops each. I think, you know, some of them might not even need all that time.

And some may or may not need to go into closed session as well. Well, we can take the org chart. Yeah, whatever. It's right there. General Counsel, County Engineer were the first top two.

But whatever you want to do, I would also add that the wording on the agenda item is scary sounding to a lot of people because it says duties and responsibilities of blank, including the dismissal. And I mean, there's a lot of different words that go into those agenda items. So I think we'll talk. We have roundtable coming up this week.

I don't know who's who's with me around.

I think we can just try to brief this at roundtable, just kind of what the expectation is and what, don't be scared about the language. And so. With that, it is.

I want to say one thing real quick. I think this is a great idea because it seems for some departments, the only time we see them is during budget. And so I do think we need to interact and have them feel the freedom to be able to bring things to us. And I think as we start the process, they'll feel the ability to bring things to us that they may not have before. And so I think this is a great idea. Thank you.

All right, so with that, it is 2.38 p.m. on Tuesday, August 25th. That concludes our open portion of today's session. You okay with taking a couple-minute restroom break? And then we'll pick up with our executive. We'll start off with Rusty Busby and Prop 8 and get this thing moving. All right, who do we have for a quick recess? Right, it's officially 4.30 p.m., and we concluded our executive session. And we're reopening our open portion of today's session. Are there any motions you ladies would like to make? Gentlemen, anything from you? And with that, it is 4.30 p.m. And this regularly called session of the Kendall County Commissioner's Court is adjourned.