[0:02] Good morning everyone. It is Tuesday,
[0:04] August 25th at 9:00 am and this
[0:06] regularly called session of the Kendall
[0:08] County Commissioner Court is now called
[0:10] to order. Uh we'll begin by calling a
[0:12] role. Mr. McCall
[0:14] >> present.
[0:14] >> Commissioner Oian
[0:15] >> present.
[0:15] >> Commissioner Chapman
[0:16] >> here.
[0:17] >> Commissioner Carpenter
[0:18] >> here and I'm present. We have a quorum
[0:19] consisting of all five members of the
[0:21] court. I'm just going to make a general
[0:23] uh a couple general announcements before
[0:25] I hand over to my colleagues,
[0:26] Commissioner McCll and Commissioner
[0:27] Ouija for announcements of our prayer
[0:29] and pledge. First, we're pulling item 26
[0:32] from the agenda today.
[0:34] Uh number two, we are going to be doing
[0:37] service awards after our um declaration
[0:40] of conflict of interest.
[0:46] Next, uh I know we have some uh very uh
[0:53] community
[0:55] sensitive issues on the agenda today.
[0:59] uh particularly the flock camera debate.
[1:01] So I just remind you this is a courtroom
[1:03] and so I remind you to uh there's going
[1:07] to be no applause. Keep your if you have
[1:10] comments save them for afterwards. Uh
[1:12] we're just going to engage in educated
[1:15] debate today. So be respectful of
[1:17] opposing viewpoints and we're going to
[1:20] limit everyone's comments. We have so
[1:22] many people that are interested in this
[1:25] issue in order to get through everybody.
[1:27] Everyone's going to have two minutes
[1:28] today, those four and against. And that
[1:31] will give the court enough time to
[1:32] thoroughly vet this issue and give
[1:34] everyone the full opportunity to speak
[1:36] today. And so with that, we're going to
[1:39] begin with our prayer and pledge.
[1:41] >> Good morning, everyone. I wanted to
[1:42] welcome you. I'd like to welcome Pastor
[1:45] Neil Vanderbush from Messiah Lutheran
[1:47] Church to open us in prayer.
[1:53] » I invite you to join with me in prayer
[1:55] this evening. Our gracious heavenly
[1:58] father, we thank you and praise you for
[1:59] this good day. And we thank you for this
[2:01] place that we call home in the county.
[2:03] We ask you, oh Lord, that you would
[2:05] guide us this day with wisdom and
[2:07] discretion that as a community, oh Lord,
[2:09] we are all concerned at uh all the
[2:11] business every day. But Lord, there are
[2:13] certain things that are especially on
[2:15] our mind. So give us also peace. We
[2:18] would communicate clearly, that we would
[2:20] hear, that we would listen, discern. But
[2:23] especially for these commissioners, we
[2:25] pray that you would bless them, oh Lord,
[2:27] with wisdom, discernment, discretion,
[2:30] fortitude. The truth would be known.
[2:34] That your people, oh Lord, would be
[2:35] blessed. Thank you for their service to
[2:38] us in this community. Lord, we also
[2:40] thank you, oh Lord, for the beautiful
[2:42] land, for its dry. So we pray, oh Lord,
[2:45] for rain, but we also pray for all those
[2:48] that deal with emergencies that come at
[2:50] this time of year. We pray with great
[2:53] thanksgiving for all of our emergency
[2:55] service personnel that you would bless
[2:57] them and their families so that they can
[2:58] be about the tasks of caring for us
[3:01] especially in times of need. We thank
[3:03] you also for our infrastructure and we
[3:06] pray Lord that our infrastructure would
[3:07] be blessed not only for this generation
[3:09] but generations to come and that
[3:11] decisions that are made today oh Lord
[3:14] would bless the growth that's happening
[3:15] here but Lord as people come we know
[3:18] Lord it also brings change. So help us
[3:21] to be the best neighbors that we can be.
[3:24] We thank you, oh Lord, that for the love
[3:26] that you have given many of us for you.
[3:28] But we pray that we would also be that
[3:30] love poured out for our neighbors.
[3:33] It is in your precious name, our savior
[3:35] Jesus, that we pray, knowing that live
[3:37] that you live and reign with the father,
[3:39] the holy spirit, one God now and
[3:41] forever. Amen.
[3:42] >> Amen.
[3:43] >> Thank you.
[3:45] At this time, I'd like to welcome
[3:46] Preston Hill, who lead the pledges, and
[3:48] he's a member of the Voss Eagle football
[3:51] team. Will
[3:52] >> Preston
[3:56] to the flag of the United States of
[3:58] America, and to the republic for which
[4:01] it stands, one nation under God,
[4:04] indivisible, with liberty and justice
[4:06] for all.
[4:09] Texas flag. I pledge algiance to the
[4:12] Texas one state under God one and
[4:15] indivisible.
[4:27] uh this opportunity for to announce
[4:29] declarations of conflict of interest.
[4:31] Anything from you ladies today? Yeah.
[4:32] Nothing gentlemen. Anything from you?
[4:34] >> Nothing from me.
[4:36] >> And now we'll move to our
[4:39] awards.
[4:46] » We have two uh folks that are not here
[4:48] today that were to receive awards.
[4:50] First, Brenda Falcone with our district
[4:52] clerk 10 years of service. and then also
[4:56] Jesus minares uh recycling 15 years. Uh
[5:01] so we'll start with uh Dalton Hurst with
[5:03] our sheriff's office 5 years. Dalton,
[5:06] are you here? Yes, sir.
[5:15] » Appreciate your service to talk. Yes,
[5:16] sir. Thank you.
[5:19] >> Would you like to say anything?
[5:21] Thanks, everybody.
[5:23] All
[5:42] right, next up, Tammy Coward.
[5:45] 10 years of service.
[5:50] » Congratulations.
[5:58] I enjoy being part of the community. I'm
[6:00] proud to say I work for family.
[6:17] Congratulations
[6:22] Uh, next up, Deanna Gomeberg, tax
[6:24] office. 10 years.
[6:39] » You're welcome.
[6:49] » Thank you, Dan.
[6:50] >> Congratulations.
[6:52] Uh, next up, Heidi Justice, Auditor's
[6:55] Office, another 10 years.
[7:03] » Congratulations.
[7:05] >> Would you like to say anything?
[7:06] >> Yes. It has been a wild ride.
[7:22] Uh, another 10 years. Linda Wilkey.
[7:33] » I know you have something to say.
[7:37] » Um, thank you everyone. I love working
[7:39] for the county. It's an amazing job. So,
[7:43] >> thank you all.
[7:56] And last but not least, Dennis Rusk with
[7:59] Roden Bridge. 35 years.
[8:13] Thank you for joining us.
[8:16] Would you like to say anything after all
[8:18] your years of time here?
[8:28] » Thank you for coming.
[8:29] >> But I do have a request. Just can you
[8:31] get a picture with his family?
[8:32] >> 100%. I didn't know your family.
[8:40] A
[8:46] perfect.
[8:57] » So cute.
[9:00] >> Doug,
[9:00] >> you going to get in there?
[9:01] >> Sure.
[9:04] » Don't worry, he won't bite.
[9:07] All right.
[9:24] Now, we're going to get back
[9:26] on on order here. Uh we're going to
[9:28] start with comments from the bench.
[9:30] Commissioner McCall, would you like to
[9:31] say anything today?
[9:32] >> Yes. Uh I wanted to say that I
[9:34] appreciate all the emails, messages,
[9:36] phone calls regarding the agenda today.
[9:38] This is how local government should
[9:40] operate. Constituents having access to
[9:42] and engaging with their elected
[9:44] officials. Through your outreach, you
[9:46] have provided me with tre a tremendous
[9:48] amount of information and perspective
[9:50] that I otherwise may not have had. Your
[9:52] input has been invaluable in helping me
[9:54] better understand the issues and
[9:56] considerations surrounding decisions
[9:58] today. Thank you for taking the time to
[10:00] be involved and for being part of the
[10:03] decisionmaking process in commissioner's
[10:05] court today. Public participation and
[10:08] engagement are essential to good
[10:09] government and I appreciate everyone who
[10:12] reached out and shared their views.
[10:14] >> Thank you, Commissioner Region.
[10:16] >> Thank you, Judge. Good morning,
[10:17] everyone. So, some good news. Kindle
[10:19] County has been selected as one of 10
[10:22] counties statewide to receive a 2026
[10:24] Texas Association of Counties Best
[10:27] Practices Award. This award recognizes
[10:29] the pro program that we developed with
[10:31] the Birkheim volunteer fire department
[10:33] to address gaps in emergency response
[10:35] when volunteers are not available. The
[10:38] goal was to have personnel at the
[10:39] Burkheim station 24 hours a day while
[10:42] keeping the volunteer model and that's
[10:44] what Burkheim has accomplished. So in
[10:46] addition to the county, this award
[10:48] belongs to Burheim to the men and women
[10:50] who've made it work. So TAC will be here
[10:52] in October to formally present the award
[10:54] and we'll have u those men and women in
[10:57] with us. But I just wanted to let
[10:58] everybody know that today.
[10:59] >> Great. Thank you, Commissioner Region.
[11:01] Commissioner Chapman, anything from me?
[11:03] >> Uh, no. Judge, I'm gonna let you cover
[11:07] that.
[11:08] >> All right. Thank you.
[11:13] » Commissioner Carpenter, you're up.
[11:14] >> Okay. Uh, so couple things just to make
[11:17] an announcement. Uh, coming up Friday,
[11:20] October 9th, 2026,
[11:23] uh, at 6:30 at Singing Waters Vineyard
[11:25] in Comfort, Texas. Uh there's going to
[11:28] be the Kendall County Friends of the
[11:30] Night Sky hosting a star party. And so
[11:32] that's going to be an opportunity to uh
[11:35] get educated about stars and see the
[11:39] stars through telescopes. It's going to
[11:40] be a fun night for kids and families. Uh
[11:44] and then there's a a group of local
[11:49] youngsters that have put together a
[11:50] pamphlet to help protect the night. Uh
[11:54] it's furtherance of protecting against
[11:57] light pollution. And so they're they've
[11:59] created a flyer. It's going to be put
[12:01] out throughout the community. They're
[12:03] going to be at the Kendall County Fair
[12:05] in a booth. Uh I encourage you to go
[12:07] visit them and you'll get this little
[12:09] packet they they created all by
[12:11] themselves. They're working for their uh
[12:13] what's the equivalent of the Girl Scout
[12:15] equivalent of the Eagle Scout badge. And
[12:18] so try to visit them. you get a chance
[12:20] to win a Friends of the Dark Sky placard
[12:24] for if you sign up to um be part of
[12:27] their list. And so I just wanted to make
[12:29] that announcement on their behalf. So,
[12:31] thank you.
[12:32] >> And one other piggyback on that. There
[12:35] will also be a uh $100 gift certificate
[12:39] awarded there at uh one of the local
[12:43] hardware stores donated generously a
[12:46] $100 gift certificate to actually
[12:50] support Dark Skies. And so he was our
[12:54] Ace Hardware
[12:56] >> distributor here in in town. And so I
[12:59] would like to thank him for and all of
[13:02] his team for donating that for the dark
[13:05] skies.
[13:05] >> I think we have one of their team
[13:07] members here today. Would you stand up?
[13:12] » So thank you for your family support of
[13:15] this initiative.
[13:16] All right. Not to put you on the spot,
[13:18] but I did.
[13:21] >> Um All right. So next up, accounts
[13:24] payable claims. So consideration and
[13:27] possible action on approval of accounts
[13:28] payable claims for purchase services or
[13:30] vendors.
[13:34] » So what's the total on today's uh 22
[13:37] pages of uh
[13:38] >> judge and commissioners today claims are
[13:40] in the amount of $946,810.31.
[13:45] » Does anyone have any issues with any of
[13:47] the claims? If not, I'll entertain a
[13:50] motion at this time. Judge, I move to
[13:52] approve accounts payable claims for
[13:54] purchases, services, and vendors in the
[13:57] amount of $946,810.31
[14:00] cents.
[14:01] >> Thank you for that motion. Commissioner
[14:02] Legion. Do I have a second?
[14:03] >> Second.
[14:04] >> Seconded by Commissioner McCall. Any
[14:06] further discussion? If not, Teresa,
[14:09] please call call the vote.
[14:10] >> Commissioner McCall.
[14:11] >> I.
[14:12] >> Commissioner Legion.
[14:13] >> I.
[14:13] >> Commissioner Chapman.
[14:14] >> I.
[14:15] >> Commissioner Carpenter.
[14:16] >> I.
[14:16] >> Judge Delisac.
[14:17] >> I. Motion carries five to zero.
[14:19] >> Judge, can I go ahead and test these
[14:20] out? Yes, ma'am.
[15:49] Okay, next up, uh, request for
[15:51] Commissioner's Court to recognize Pete
[15:53] MSAS, paramedic, RCN, RN, and Jennifer
[15:56] Harris, paramedic, for their efforts in
[15:58] the care and exceptional EMS services to
[16:01] our community.
[16:03] Brian,
[16:05] >> morning, judge. Good morning,
[16:06] commissioners.
[16:06] >> Morning.
[16:08] Um these two individuals were dispatched
[16:11] to our courthouse for a uh individual
[16:14] that had a medical episode. Patient was
[16:16] a special needs individual adult. Uh
[16:21] with the help of them and our local law
[16:23] enforcement sheriff's office, they
[16:25] helped deescalate the situation, get the
[16:27] patient treated and transported to the
[16:29] appropriate facilities. Uh they showed
[16:32] compassion and professionalism
[16:35] above and beyond normal call of duty and
[16:38] they need to be recognized for that.
[16:40] >> And and I can concur to this because it
[16:42] was my court proceeding where this
[16:44] happened and um what I observed was
[16:50] outstanding because this was a
[16:53] individual in high distress and with
[16:55] extreme mental needs. Uh and they just
[16:58] stepped up. And so I'd like to read the recognition uh for everyone.
[17:05] Well, first of all, can Peter and
[17:06] Jennifer come up?
[17:14] » Thank you.
[17:16] >> Yeah, you can just stand right in front
[17:17] here.
[17:22] Peter and Jennifer, it's with great
[17:24] appreciation and pride that I recognize
[17:26] you both for the outstanding care,
[17:28] compassion, and profession
[17:29] professionalism you recently
[17:31] demonstrated while caring for an
[17:32] autistic patient who experienced a
[17:34] seizure and required transport to the
[17:36] hospital. Every day, EMS professionals
[17:39] are called upon to provide medical care
[17:41] during some of the most difficult
[17:42] moments in a person's life. What sets
[17:44] exceptional providers apart is their
[17:46] ability to combine clinical excel
[17:48] excellence with genuine compassion. The
[17:50] care you both provided exemplified
[17:52] exactly that. Pete, as a dedicated
[17:55] member of Kendall County EMS for the
[17:57] past 5 years, you have consistently
[17:59] demonstrated a commitment to serving
[18:00] others with professionalism and
[18:01] integrity.
[18:03] Jennifer, although newly hired to our
[18:05] organization, you brought over two
[18:07] decades of experience to this call and
[18:09] immediately demonstrated the qualities
[18:11] that define an exceptional EMS
[18:13] professional. The patience,
[18:15] understanding, empathy, and reassurance
[18:17] you both showed to the patient and those
[18:20] involved in his care reflected the very
[18:22] best of our profession. Your countless
[18:24] hours of training, education, and
[18:26] experience were evident not only in the
[18:28] medical treatment you provided, but also
[18:30] in the compassion and dignity with which
[18:32] you treated the patient. The calm and
[18:34] caring manner you displayed help create
[18:36] a safe and supportive environment during
[18:37] a stressful event. The actions you
[18:40] demonstrated are reminder that EMS is
[18:42] about more than medical interventions.
[18:43] It's about serving others with humility,
[18:46] kindness, and respect. Your commitment
[18:48] to providing patient centered care
[18:50] serves as an example for all of us and
[18:52] reflects the highest standards of
[18:53] Kendall County EMS. Thank you both for
[18:55] your dedication, professionalism, and
[18:57] servant-hearted approach to caring for
[18:59] our community. Your efforts do not go
[19:00] unnoticed and are deeply appreciated.
[19:03] So, let's give these both both these.
[19:15] » Thank you. Thank you again.
[19:43] Thank you.
[19:44] >> And it wasn't just the EMS. Our
[19:46] dedicated law enforcement uh officers in
[19:49] this building, Mark Diamond, Obie, Gabe,
[19:53] and others stepped up at at this moment
[19:55] of crisis as well and showed exceptional uh service to this
[20:01] community. So, let's give them a round
[20:03] of applause.
[20:20] All right. Uh, next up, our burn band.
[20:23] There's Brady here. one
[20:28] consideration and possible action uh
[20:30] regarding order number 0-20260825-1
[20:35] » uh regarding the burn ban. So let's see.
[20:39] So I know that conditions have worsened,
[20:41] >> correct?
[20:42] >> What what can you tell us today, Juan?
[20:44] >> Uh so the KBDI is up uh to 576.
[20:49] The trends in grass fires have also uh
[20:53] went up.
[20:54] >> Um we are just seeing uh conditions
[20:57] deteriorate. We have some precipitation
[20:59] in the forecast, but very minimal.
[21:01] Nothing that will sustain or saturate
[21:04] the county uh this week. So, uh, it's
[21:07] our recommendation with the support of
[21:08] all, uh, fire chiefs that we reinstate
[21:12] the matter.
[21:12] >> Okay.
[21:13] >> Brady is doing well. He is back in the
[21:15] office, but he had followup, but
[21:17] >> Okay,
[21:17] >> perfect. And so, it looks like the KBDI
[21:22] range is near the like the minimum 537 the it's towards the
[21:29] high end. So, this is not a this is a
[21:31] more serious condition that we're in
[21:33] right now.
[21:33] >> Correct.
[21:34] >> All right. So, um I move to
[21:38] um
[21:40] reinstate the burn ban for a period of
[21:42] up to 90 days in the unincorporated
[21:44] areas of the county due to the existence
[21:45] of conditions that have created a public
[21:47] safety hazard that would be exaper
[21:49] exacerbated by outdoor burning pursuant
[21:50] to order 0-20260825-1.
[21:55] Do I have a second?
[21:56] >> Second.
[21:56] >> Motion by the judge, second by
[21:58] Commissioner Chapman. Uh any further
[22:00] discussion?
[22:01] >> If not, Teresa, please call the vote.
[22:03] Commissioner McCall.
[22:04] >> Hi,
[22:04] >> Commissioner We.
[22:05] >> Hi,
[22:06] >> Commissioner Chapman.
[22:07] >> Hi,
[22:08] >> Commissioner Carpenter.
[22:09] >> I
[22:10] motion carries.
[22:13] >> Thank you, Juan.
[22:19] Uh, next up, consideration possible
[22:22] action regarding resolution
[22:24] R-20260825-1.
[22:27] A resolution expressing support for text
[22:29] dots transportation proposed
[22:31] improvements to State Highway 46 River
[22:34] Road at Hurf Road Esser Road endorsing a
[22:36] design alternative one as county's
[22:38] preferred alternative and urging
[22:41] acceleration of the project.
[22:42] Commissioner Region.
[22:43] >> Thank you, Judge. Good morning again,
[22:45] everyone. And Mary Ellen, thanks for
[22:46] being up here. Our county engineer is
[22:48] going to also speak to this. So, this is
[22:50] a project we've been working on for
[22:51] quite some time and I'm pleased to see
[22:53] the pieces finally coming together. So,
[22:55] Texot submitted the state highway 46
[22:58] Herf Esser improvements to AMPO for
[23:00] funding and now we have a commitment of
[23:03] federal funding with Kendall County
[23:04] committing $1 million to the project.
[23:07] So, we're going to look at alternative
[23:08] one. There were two choices and this
[23:09] gives us some improvements to the
[23:11] intersection while preserving the big
[23:13] cypress trees that are in the the
[23:15] rideway in the middle of uh Hurf and
[23:17] providing a separate pedestrian bridge
[23:19] and that rideway is being given by the
[23:21] Cibilo Center for Conservation. So, we
[23:23] appreciate them doing that and they and
[23:25] the city of Bernie are supporting this
[23:27] plan. So, does this solve every problem
[23:30] on 46? No. But it's a real improvement
[23:33] and it is funded and we can move
[23:35] forward. Transportation dollars are very
[23:37] limited. they're going to be more
[23:38] limited in the future, I can tell you.
[23:40] So, when we have the opportunity to
[23:42] improve safety and traffic flow, I think
[23:44] we take it and we keep working on the
[23:46] longer term solution. So, if an
[23:48] opportunity becomes available for AMPO
[23:50] to slot this project in earlier than the
[23:53] committed 2032 letting date, then we
[23:56] want to be ready to take advantage of
[23:57] that because there'll be projects in San
[23:59] Antonio and Bear County that won't be
[24:00] ready to let and we'll be able to slide
[24:02] in and get this done earlier. So with
[24:04] that, I'll turn it over to Mary Ellen to
[24:06] take us through anything you'd like to
[24:07] discuss. And I think we do have um some
[24:10] slides as well.
[24:11] >> Yes. So um Tex's plan is to add turn
[24:15] lanes to improve the efficiency of the
[24:17] intersection. Um there is a right turn
[24:20] lane off of Hurf onto 46 East. Um that
[24:24] would improve, as you know, right now
[24:26] you kind of get stuck at the light
[24:28] waiting for your chance to turn. This
[24:29] would make it a free right turn. um
[24:31] allowing that movement to continue and
[24:33] get people through the intersection
[24:34] faster. Um and then creating a dual left
[24:37] turn from 46 onto Hurf, which is one of
[24:40] the main movements. Making that dual
[24:41] left will get more people through the
[24:42] intersection. And then extending the
[24:45] turn lane capacity um from River Road
[24:48] onto Herf as well, right turn, it would
[24:49] just add a little bit more length
[24:50] instead of having, you know, one car at
[24:52] that um intersection uh and and having
[24:55] to wait for the light. So, this will get
[24:57] more people through the intersection.
[24:58] Alternative one and alternative two
[25:00] create the same end solution, but it's
[25:02] how do we get there? Alternative one is
[25:05] um the Sablo Center for Conservation um
[25:08] would provide easement um dedicated to
[25:11] the city of Bernie for construction of a
[25:13] trail that would um get pedestrians um a
[25:16] nicer path through the trees through the
[25:18] Cibilo's property uh civil center for
[25:21] conservation's property um and and
[25:24] better trail access and then would
[25:25] connect um to the trail that's already
[25:27] there and over to the Cibau nature
[25:29] center and um soccer fields.
[25:32] Um the alternative uh or the benefits of
[25:35] this is um for the public using that
[25:38] trail. Um it allows for faster
[25:40] construction and um less expensive
[25:42] construction. The essentially the the
[25:44] bridge that's there now would just be uh
[25:46] shifted over in the lanes but
[25:48] construction on the actual bridge would
[25:50] not need would not be needed. In
[25:52] alternative two, um the cypress trees in
[25:55] the center of the two bridges would be
[25:56] taken out and the bridge would be
[25:57] widened which costs more um has the
[26:00] impact to the trees that are important
[26:02] to the community and uh construction
[26:04] would take much longer. So I think
[26:06] meeting with the civil center for
[26:08] conservation and the city of Bernie um
[26:11] and text dot um this community's um
[26:14] support has been to proceed with
[26:16] alternative one as a a better benefit to
[26:18] the community.
[26:20] >> Okay. Uh
[26:23] I'll entertain a motion at this time.
[26:24] >> Okay, judge. I'd be happy to do that.
[26:27] Judge, I move to uh adopt resolution
[26:30] number R2060825-1,
[26:35] a resolution expressing support for the
[26:37] Texas Department of Transportation's
[26:38] proposed improvements to State Highway
[26:40] 46 River Road at Hurf Road, Esser Road,
[26:44] endorsing design alternative one as the
[26:46] county's preferred alternative and
[26:48] urging acceleration of the project. U
[26:50] motion made by Commissioner Legion,
[26:52] seconded by the judge. Any further
[26:54] discussion?
[26:55] >> I did want to say um that it's
[26:57] encouraging to see the dedicated work of
[26:59] the Kendall County Fair Oaks
[27:01] Transportation Committee um I'm sorry,
[27:03] Kendall County Bernie Fairs
[27:05] Transportation Committee reflected in a
[27:06] plan that now has advanced to fruition.
[27:09] Um there are members that of that
[27:11] committee that are here today. Um, in
[27:13] 2024, the committee may not have
[27:15] anticipated that its diligent efforts
[27:17] would contribute to a preferred plan
[27:19] within such a short time frame. I
[27:21] support this design as the county's
[27:23] preferred plan, which is also supported
[27:25] by the city of Bernie and Ciblo Center
[27:27] for Conservation. Just wanted to point
[27:28] that out.
[27:29] >> Anything else? Not please call the vote.
[27:32] >> Commissioner McCall,
[27:33] >> I.
[27:34] >> Commissioner,
[27:35] >> I.
[27:35] >> Commissioner Chapman,
[27:36] >> I.
[27:37] >> Commissioner Carpenter,
[27:38] >> I.
[27:38] >> Judge,
[27:39] >> I motion carries 5 to zero. Thank you.
[27:43] Marielen.
[27:45] >> Okay. Uh, next up, consideration and
[27:48] possible action regarding resolution
[27:50] R20260825-2,
[27:53] a resolution accepting a grant from the
[27:55] US Department of Justice in the amount
[27:57] of 9 thou $915,961
[28:01] through the Office of Justice Programs
[28:03] OJP FY2026 special attorneys program
[28:06] round three grants to fund a position
[28:08] for a special US attorney with the US
[28:10] attorney's office. This is coming back
[28:12] because last court it was approved but
[28:14] we didn't have a resolution and so this
[28:16] is just to approve the resolution that
[28:18] was submitted. Um so at this time I'll
[28:21] entertain a motion as to approval of the
[28:23] resolution.
[28:26] Judge, I'd like to make motion to adopt
[28:28] resolution number R-2026.
[28:34] Excuse me.
[28:36] Resolution 2026
[28:38] 0825-2
[28:41] resolution accepting a grant from the US
[28:43] Department of Justice in the amount of
[28:46] 9115,961
[28:49] through the office of the justice
[28:51] program OJ fiscal year 2028
[28:56] special attorneys program round three
[28:59] grant to fund a position for special
[29:02] assistant US attorney within the US
[29:05] attorney's office.
[29:06] >> Thank you. Motion made by Commissioner
[29:07] Chapman. Is there a second?
[29:09] >> Second by Commissioner Carpenter. Uh any
[29:11] further discussion?
[29:12] >> I just wanted to say one thing. Um my
[29:14] concern about this grant is that the
[29:16] county would be expected to assume
[29:18] substantial responsibility for
[29:20] administering and supporting this grant
[29:22] while realizing little to no tangible
[29:24] benefit. Given the workload, ongoing
[29:27] obligations, and limited value to our
[29:28] taxpayers, I'm not in favor of pursuing
[29:31] this grant opportunity.
[29:32] >> Okay. Thank you. Any other uh
[29:34] discussion? If not, uh, Teresa, please
[29:36] call the vote.
[29:37] >> Commissioner McCall,
[29:38] >> nay.
[29:39] >> Commissioner We
[29:40] >> I.
[29:41] >> Commissioner Chapman,
[29:42] >> I.
[29:42] >> Commissioner Carpenter,
[29:43] >> I
[29:45] abstain because of my last uh
[29:47] abstensions on the last two rounds. So,
[29:50] with that, a motion passes three to one
[29:54] with one abstension. So, commissioners
[29:56] from precincts two, three, and four in
[30:01] favor. Commissioner
[30:04] one opposed and the judge abstained.
[30:13] Next up, agenda item 12. Is this one
[30:17] still on the agenda? General counsel.
[30:22] I didn't get any um resolution of the
[30:25] question that I had, but I think that
[30:27] this should be pulled. I'm told that
[30:29] another taxing entity has already
[30:32] objected to the method and therefore a
[30:34] vote on this today is not necessary.
[30:37] >> Okay. So, we'll be taking no action on
[30:39] agenda item 12 because it's
[30:49] attorney
[31:15] Okay.
[31:19] Now, the next three are flock items. I
[31:22] just want to clarify that.
[31:24] The vote on number 13 has no impact on
[31:27] for agenda items 14 or 15 because agenda
[31:31] item 13 relates to a prior year's
[31:35] contract. So it's an obligation that the
[31:37] county already incurred. So don't take
[31:39] our vote as an indication on anything
[31:42] about 14 and 15. So I just want to make
[31:44] that clear uh before we begin this one.
[31:48] So agenda item 13,
[31:51] consideration and possible action on an
[31:53] agreement with flock safety group to
[31:55] participate in the flock safety platform
[31:57] and for necessary flock safety
[31:59] professional services and installation
[32:01] fees with the term beginning on August
[32:03] 15, 2025 ending on September 30th, 2026
[32:08] with the cost being reduced from $258,35
[32:13] to $212,68.14
[32:17] of which 80% will be paid by the grant
[32:19] awarded through the motor vehicle crime
[32:21] prevention authority. So,
[32:24] and general counsel, you reviewed the
[32:26] proposed contract and it meets all your
[32:29] standards.
[32:30] >> It does.
[32:31] >> Okay. I will hand it over to Lieutenant
[32:35] Clariner or
[32:36] >> One thing I have to add to this one. The
[32:38] reason for the reduction um and the
[32:41] total rate is due to the delay with the
[32:44] text permits and um the first part of
[32:48] the grant we only had 13 cameras
[32:51] installed. Um and then starting first
[32:55] second week of July once we got the
[32:57] state permits they started installing
[32:59] the rest of the cameras. Um, so since
[33:02] majority of this year we only had 13 in
[33:05] the ground, I asked Flock if they would
[33:07] do a prorate or discount and they agreed
[33:10] um to give us I think it was 46 or
[33:12] $48,000 discount. Uh so that's the
[33:15] difference in in the total
[33:17] for this year's contract.
[33:20] Um I'll open it up for any conversation
[33:23] or discussion.
[33:25] >> Gentlemen, anything from you?
[33:26] >> I do, Judge. So, I do appreciate what
[33:30] discount we got. But if you consider 13
[33:33] cameras,
[33:37] even if they were done on day one, which
[33:39] I know they weren't, that's 22%
[33:43] of the contract was fulfilled.
[33:46] And I believe most of the remaining
[33:48] cameras were being installed within the
[33:50] last 30, if not 60 days. And so
[33:55] I mean I know I went to a small school
[33:58] but uh the math just doesn't add up
[34:01] there.
[34:01] >> Yes sir.
[34:02] >> Paying for what we actually
[34:05] received. So that's my comment.
[34:08] >> Yes sir.
[34:11] >> Anything from you ladies?
[34:13] >> Uh so has this contract been fulfilled?
[34:16] Do we have all of the cameras in the
[34:19] ground right now? Today
[34:21] >> they have two remaining cameras to be
[34:23] installed this week and then we'll be at
[34:25] 100%.
[34:26] >> And then our 100% will be how many?
[34:29] >> 56.
[34:34] » Okay.
[34:38] So I had understood that we were at 80%
[34:41] a couple weeks ago when I asked you. So
[34:44] you
[34:45] >> Yes, they've had they've had several the
[34:47] last couple weeks and so
[34:48] >> Okay.
[34:48] >> Yes, ma'am. So, general counsel, would
[34:50] you consider this company in breach of
[34:52] this contract?
[34:54] >> Commissioner, the part of the reason why
[34:56] they given us the discount is because
[34:58] they were not able to install everything
[35:00] in the timeline in which the parties
[35:02] both expected and part of that was a
[35:04] delay due to conditions outside of their
[35:06] control. For example, the text stop
[35:08] permits to enter right ofway to install
[35:10] cameras. Um, because of that, them
[35:13] offering this what I consider to be a a
[35:15] pretty substantial discount. Um, my math
[35:18] may not be as good as Commissioner
[35:19] Chapman's, but um, it's not common for a
[35:23] contractor to offer us a discount when
[35:25] there has been a performance issue. I
[35:28] just want to acknowledge I think that
[35:29] was a good faith effort on the part of
[35:31] Flock to try to make it more right. Um,
[35:34] the grant, we also did speak with them,
[35:36] Lieutenant Clariner did, um, to make
[35:38] sure this wouldn't have any impact on
[35:40] the grant, and it won't. will still
[35:42] receive the 80% coverage um from the
[35:45] NVCPA to cover um this reduced amount
[35:48] and the county's portion will also be
[35:50] reduced accordingly. Please note that
[35:52] this contract does end in about a month.
[35:55] Um so the next item will discuss whether
[35:57] the court wants to continue beginning
[35:59] after the end of this current fiscal
[36:01] year or not. But um I would consider
[36:06] this to be at least substantial
[36:08] compliance with the duties that were
[36:10] required in the contract. And to me the
[36:14] discount offered um again is to me quite
[36:18] a concession and and so it's up to the
[36:20] court toi to decide what to do. I would
[36:22] ask you to approve the contract today
[36:24] with this reduced amount because the
[36:26] parties have performed substantially um
[36:29] for almost an entire year already. So, I
[36:32] would ask that you approve this today.
[36:34] >> All right. Thank you. Sounds like you
[36:35] did the best you could on getting that
[36:37] concession.
[36:37] >> Um, Lieutenant Cler um handled that. So,
[36:40] I just like to acknowledge him for
[36:42] asking for that on behalf of the county.
[36:45] >> I I tend to agree with Commissioner
[36:46] Chapman on this, but in the grand scheme
[36:48] of things, I don't think it's worth
[36:51] >> getting into substantial compliance and
[36:53] all the nitpicking of this when the true
[36:55] is part of the issue is the next two
[36:57] issues and that's going to be decide the
[36:59] fate of this contract. So I think we
[37:01] just my recommendation is to support
[37:03] general counsel in this and approve this
[37:05] and get to the real real debate. So I
[37:08] move to approve
[37:14] uh
[37:16] the
[37:18] in I guess the participation in flock
[37:20] safety platform for the necessary flock
[37:23] safety professional services and
[37:24] installation fees with the term
[37:26] beginning in August 15, 2025 and ending
[37:28] on September 30th, 2026.
[37:32] cost reduced from 258305
[37:35] to 212608.14
[37:37] of which 80% will be paid by a grant
[37:39] awarded through the motor vehicle crime
[37:41] prevention authority. Do I have a
[37:43] second?
[37:43] >> Second.
[37:44] >> Motion by the judge. Second by
[37:45] Commissioner Chapman. Any further
[37:46] discussion? There being none, Teresa,
[37:49] could you please call the vote?
[37:50] >> Commissioner McCall?
[37:51] >> Nay.
[37:51] >> Commissioner Legion.
[37:52] >> I.
[37:53] >> Commissioner Chapman
[37:54] >> I.
[37:55] >> Commissioner Carpenter.
[37:56] >> I.
[37:56] >> Judge Sticker.
[37:58] >> I. Motion carries 4 to one with uh
[38:01] commissioners from precinct 2, three,
[38:06] four, and the judge in favor
[38:10] and precinct one opposed.
[38:17] Right.
[38:19] So, I'm going to read the agenda item
[38:22] and then I'm going to call up uh
[38:25] constituents to come sit at either you
[38:27] can sit at either table. I re I'll call
[38:29] two at a time so we can kind of speed
[38:31] this along. One sits on one side, one
[38:33] sits on the other. Once someone finishes
[38:36] uh or once the two finish, I'll call up
[38:37] two more and we'll just go through that
[38:39] and you'll have two minutes. You'll see
[38:41] uh on the screen to your right uh
[38:43] there'll be a little timer that shows up
[38:45] and it'll have a little bell. Once you
[38:47] announce who you are and where you're
[38:49] from, your countdown will begin. So, you
[38:52] go through your speech. Once you hear
[38:54] the bell go off, kind of wrap up your
[38:56] sentence succinctly and then we'll let
[38:59] the next person begin and we'll go from
[39:00] there until we get through everybody.
[39:02] Okay. So
[39:04] agenda item 14, consideration and
[39:07] possible action on agreement with Flock
[39:09] Safety Group, Inc. to continue to
[39:11] particate in the flock safety platform
[39:12] and for necessary flock safety
[39:14] professional services and installation
[39:16] fees be beginning on October 1, 2026 and
[39:19] ending on September 30th, 2027 for a
[39:22] cost not to exceed $198,550
[39:26] of which 80% will be paid by a grant
[39:27] awarded through the Motor Vehicle Crime
[39:29] Prevention Authority subject to review
[39:31] and approval by general counsel and
[39:32] authorize the county judge to execute
[39:34] necessary documents.
[39:39] Before I begin, uh, Miss McCarthy, you submit a form. You're going to go
[39:44] back the normal comments. Okay. Just
[39:46] want to confirm. All right. First, uh, Mr. Fields and Steven Belts.
[40:04] Morning,
[40:15] gentlemen.
[40:16] >> Thank you to this court. Um, good
[40:18] morning everyone. My name is Steven
[40:19] Belt. I uh represent the Kindle County
[40:22] District Attorney's Office. I'm a felony
[40:24] prosecutor. I've been here currently
[40:26] about a year. Uh, before that, I was a
[40:29] prosecutor in Harris County in Houston.
[40:32] I was also a federal prosecutor down in
[40:34] Macallen. I am here uh to show the court
[40:39] that we are very much for the flock
[40:42] system in multiple ways. I can tell you
[40:45] that at least in my experience in
[40:47] Houston, the flock system with the
[40:50] largest county in the state of Texas was
[40:52] extremely valuable. uh we have uh solved
[40:56] and brought to trial and got guilty
[40:58] verdicts uh at least on two that I've
[41:01] done that were primarily found this
[41:04] suspect using the flock camera system. I
[41:08] will also say in my time here uh at
[41:11] Kendall County uh a recent manslaughter
[41:13] case that we worked on uh the flock
[41:16] system was vital in understanding the
[41:18] timeline in which the defendant uh
[41:21] started uh his night before the fatal
[41:24] crash that ended on Highway 46. So I
[41:27] have seen positive outcomes there as
[41:30] well as a current evading arrest for a
[41:32] motorcycle that got away from law
[41:34] enforcement. the LPRs that we use, we're
[41:37] able to track his movements. We able to
[41:40] get search warrants and we are moving
[41:43] forward with prosecution on that
[41:45] defendant. So, I have seen a substantial
[41:47] benefit from the flock system. Uh I live
[41:50] in Fair Oaks Ranch. When I see those
[41:53] LPRs, I feel uh safer. I will say that
[41:57] Kendall County is a rapidly growing 662
[42:01] square mile uh county. Uh this will save
[42:05] money for the county uh because it takes
[42:08] time to uh identify a suspect when we
[42:12] have an LPR with a license plate. We
[42:14] know where they are. We know where
[42:15] they're going. That's going to save
[42:17] money uh for law enforcement that would
[42:20] take for, you know, talking to witnesses
[42:22] and getting other evidence together. So,
[42:25] I will say that the policy protections
[42:26] that are in place are valid. They're
[42:29] only last for 30 days. and I believe
[42:31] that we should uh continue this
[42:33] relationship with Flock. Thank you.
[42:34] >> Thank you.
[42:37] >> Good morning.
[42:38] >> Morning.
[42:38] >> Um y'all know me. I'm Andrew Fields. I
[42:40] am the special victims prosecutor here
[42:42] in Kendall County. Um I've been a
[42:44] prosecutor for almost 16 years in in San
[42:46] Antonio and here in Kendall. I uh
[42:48] exclusively work on the crime the felony
[42:50] crimes against women and children.
[42:52] Arguably some of the most vile and
[42:54] disgusting things that we have in our
[42:55] county. Um, I can tell you that uh when
[42:58] I saw this um holaloo building up on
[43:03] Facebook about block cameras, the thing
[43:05] that came to my mind is what in the
[43:06] George Soros is going on here? Why are
[43:08] they trying to take this evidence from
[43:09] us? And I can tell you in the last two
[43:11] years, I've had five cases directly
[43:14] solved, sex offenders directly solved
[43:16] with flock camera information. and the
[43:18] sheriff's going to speak on one of them,
[43:19] but um it for whatever reason some
[43:21] people come to our county, maybe because
[43:23] it's rural, maybe because they're trying
[43:24] to get away from the city, but um we've
[43:27] had five sex offender cases solved
[43:29] directly with that flot camera
[43:31] information. Um
[43:34] one was a kidnapping case out of Florida
[43:35] and they came here. One was a man who
[43:38] was doing terrible things to his own
[43:39] children out of Dallas and he came here
[43:41] and we caught him using the flot
[43:42] cameras. Um, another one was a sex
[43:45] offender who was failing to register
[43:46] here in our county and had moved to uh,
[43:49] Aranis County and was living in a
[43:50] trailer park with a playground and
[43:52] children nearby. Uh, we were able to
[43:53] find him and find that he was evading
[43:55] our registration here in this county.
[43:57] And we have two other cases that are
[43:58] actively pending that um, I'm not going
[44:00] to speak on, but we are tracking them
[44:02] down with cameras. Um, in addition to my
[44:06] time in San Antonio, I can say that I've
[44:08] had flock cameras directly lead to
[44:10] solving aggravated robberies with guns
[44:12] stuck in people's faces and a murder.
[44:15] Uh, where, uh, flock camera information
[44:17] was extremely valuable in apprehending
[44:19] that defendant. Um, my fear in the
[44:23] taking down these cameras is that one
[44:24] day uh and I heaven forbid this ever
[44:26] happened, but one day we're going to
[44:28] have an abduction or a murder and I'm
[44:30] going to get the case and people are
[44:32] going to say I saw a black SUV leaving
[44:34] the neighborhood and we're not going to
[44:36] be able to do anything with that. But if
[44:38] there's flot cameras, we can say this
[44:39] black SUV was going down Main Street at
[44:41] this time and then we picked it up on I
[44:43] 10 at this time and we suspect that
[44:44] they're going here and we'll have a
[44:45] license plate number which will lead us
[44:46] back to somebody's house and hopefully
[44:48] we can save child or solve a murder and
[44:52] in that situation I would say these
[44:53] flock cameras are invaluable and I know
[44:55] that the parents of a child in that
[44:56] situation would say that that's
[44:57] invaluable and I pray that that never
[44:59] happens in this county but I fear that
[45:00] one day with the county growing the way
[45:02] it is we will deal with that. Um
[45:04] >> and your time time's up. I'm sorry. Um,
[45:07] that's okay.
[45:08] >> Thank you.
[45:09] >> Next up, Crystal Reer and Nicole Bishop.
[45:21] And if Emily Hamburg,
[45:24] I I can't read your writing. If you want
[45:26] to come to this next table and get
[45:28] queued up, you're good.
[45:33] in the slideshow.
[45:40] » Okay. So, good morning. My name is
[45:41] Crystal Reer. I am a crime analyst
[45:44] investigator with the Kindle County DA's
[45:45] office. I use Flock. I'm probably one of
[45:48] the most used Flock user. Um, I must to
[45:52] conduct a search, you have to um
[45:55] document an offense type, case number,
[45:58] investigative reason, vehicle
[46:00] information, location, and a time frame.
[46:03] And every search conducted is audited,
[46:05] and all the LPR data is automatically
[46:07] deleted after 30 days of flock. And what
[46:10] I put up there is exactly what flock the
[46:13] parameters I have to put in. Um, so
[46:15] between 2023 and 2025, Kendall County
[46:18] experienced 256 burglary of a motor
[46:21] vehicle incidents. Only 20 of those
[46:23] resulted in filed charges. Many
[46:26] investigations lacked sufficient in
[46:28] suspect information. The highest
[46:30] concentrations occurred along the I 10
[46:32] corridor, Regent Park, city parks, and
[46:35] Old San Antonio Road. Um, and then you
[46:39] can see up there the heat maps of where
[46:40] all these uh burglary motor vehicles
[46:43] occurred within 2023 and 2025 prior to
[46:47] Flock. Um,
[46:49] looking specifically at the burglary
[46:51] motor vehicle trends uh this year in
[46:53] 2026, they have decreased by 77%
[46:57] from the peak of 2025 to the current
[47:00] period. Um, this reduction is also
[47:02] reflected at the neighborhood level.
[47:04] Regent Park alone in 2024 had six
[47:07] incidents. In 2025, they had seven
[47:09] incidents. And since they had a fire uh
[47:13] a flock installed, they've had zero
[47:15] incidents.
[47:16] Um in Kendall County case number 10180,
[47:20] three vehicles were berized at the
[47:22] Northrup Park. A camera captured the
[47:24] suspect vehicle, but there was no
[47:26] readable license plate. Using only the
[47:28] vehicle's make, model color, and a time
[47:29] frame, I was able to locate the vehicle
[47:31] using flock data. The suspect was
[47:34] located and arrested and was determined
[47:35] to be associated with the felony lane
[47:37] gang, a national criminal organization
[47:39] known for coming to the rural areas and
[47:41] committing financial crimes just like
[47:43] this. Without flock, investigators would
[47:45] have never had enough information to
[47:47] identify this suspect vehicle.
[47:50] >> Thank you, Miss Bishop.
[47:57] » Part of the reason I became a prosecutor
[47:59] is to also protect Fourth Amendment
[48:01] rights for people. Um, I had
[48:05] encountered individuals, prosecutors who
[48:08] would file cases even though a Fourth
[48:10] Amendment violation had occurred because
[48:12] they thought, well, let's see if the
[48:13] defense attorney catches it. That's not
[48:14] something that we do in my office. In my
[48:16] office, we protect everybody's rights,
[48:18] even criminals, if the their Fourth
[48:20] Amendment right to unreasonable against
[48:23] unreasonable search and seizure is
[48:24] violated.
[48:27] this again
[48:30] are picking up vehicles in a public
[48:31] place. Um we can uh should and do have
[48:35] strong policies governing retention,
[48:37] access, auditing and misuse. Um but
[48:41] rejecting a proven investigative tool
[48:43] because it could be misused is not the
[48:45] answer. The answer is strong oversight
[48:47] and responsible use. When properly
[48:50] regulated, flot cameras give law
[48:51] enforcement another set of eyes and give
[48:53] victims a better chance of getting
[48:54] answers. When we cannot afford to have
[48:57] resources to have an officer on every
[48:58] corner 24/7, these cameras stand in
[49:01] their place. Please do not take away a
[49:03] law enforcement tool. By doing so, you
[49:06] will send the message that Kendall
[49:07] County's open season for criminals. I
[49:09] would rather explain to a voter why I
[49:11] supported a tool designed to catch
[49:12] criminals than explain to a victim why I
[49:15] voted to take it away.
[49:18] I ask you to to ask yourself that
[49:21] question.
[49:23] What will you say to a parent whose
[49:25] child has been abduct abducted and we no
[49:27] longer have a tool to find a vehicle
[49:29] that that child was abducted in?
[49:33] And I think that that's very important
[49:34] to ask yourself that question. Our
[49:36] law-abiding citizens should feel safe
[49:38] driving into Kendall County. The people
[49:39] who should be uncomfortable crossing
[49:40] that county line are people coming here
[49:42] to commit crimes. I have seen firsthand
[49:45] where smugglers and human traffickers
[49:47] avoid towns and roads that have LPRs and
[49:50] these flock cameras because they know
[49:52] about it. I have seen like in Regent
[49:53] Park where people they've targeted. As
[49:56] soon as we get those cameras in, they do
[49:57] not target it anymore. This is a
[49:59] protective measure for our county. This
[50:01] protects the bubble around our county.
[50:03] Please do not allow the crime to rise in
[50:06] this county because
[50:09] again, these cameras are in a public
[50:11] place. This is not a Fourth Amendment
[50:14] violation.
[50:15] >> Thank you. All right. And Miss
[50:17] Oakenberg, if you can come to the other
[50:18] table and you may begin.
[50:21] >> Thank you. Good morning. My name is
[50:23] Emily Hamby Irvine, a Kendall County
[50:25] resident, and I'm asking you to vote no
[50:27] on items 14 and 15 and end Kendall
[50:30] County's involvement with flock safety.
[50:32] I'm not asking for a modification of
[50:34] this program. I'm asking you to defund
[50:37] it and discontinue it. Flock creates a
[50:40] searchable record of the movements of
[50:41] ordinary citizens who are not suspected
[50:44] of committing a crime. Vehicles are
[50:46] photographed, timestamped, location
[50:48] stamped, stored, and searched simply
[50:50] because they passed a camera. And we
[50:52] already know the consequences when these
[50:54] systems fail. Earlier this month in
[50:57] Wisconsin, two innocent people were
[50:59] pulled from their vehicle at gunpoint
[51:01] after a flock alert connected to their
[51:04] SUV um to a homicide. The vehicle had
[51:08] already been cleared. An error in a
[51:10] database became a gundrawn police
[51:13] encounter in Colorado. An innocent woman
[51:16] who was summoned for theft after Flock
[51:18] placed her vehicle near a package theft.
[51:21] She proved her innocence only because
[51:23] she had her own cameras showing where
[51:25] she actually was. What happens to the
[51:27] innocent person who cannot prove where
[51:29] they are? And misuse is not
[51:32] hypothetical. A national investigation
[51:34] has identified dozens of law enforcement
[51:36] officials accused, charged, or convicted
[51:39] of abusing license plate reader systems,
[51:42] including officers allegedly using them
[51:44] to track wives, girlfriends, and
[51:46] ex-girlfriends. Now, Kendall County is
[51:49] being asked to spend approximately
[51:51] $200,000 every year on this system. We
[51:54] do not own the equipment, and grant
[51:56] money is still taxpayer money. We should
[51:58] not pay a private corporation to build a
[52:00] searchable record of the movements of
[52:03] law-abiding Kendall County residents.
[52:05] This is not limited government. This is
[52:07] not privacy and this is not
[52:09] infrastructure I want to normalize in
[52:12] Kendall County. Please give flock no
[52:14] more years, no more dollars, and no more
[52:16] opportunity to expand. Vote no on items
[52:20] 14 and 15. Thank you.
[52:21] >> Thank you. And Miss Leah begs, if you
[52:24] can come to this table, then Lenor.
[52:28] >> My name is Lenor Oakberg. I'm a Kendo
[52:29] County resident. I'm here today to
[52:31] strongly oppose the county's continued
[52:33] use of expansion of flock cameras. I'm
[52:35] frankly appalled that our elected
[52:36] officials would consider the level of
[52:38] surveillance to ordinary citizens, an
[52:40] acceptable trade-off for the possibility
[52:42] of assisting law enforcement in solving
[52:44] some crimes. These cameras don't just
[52:46] photograph criminals. They photograph
[52:48] all of us. the overwhelming majority of
[52:51] us who are suspect suspected of
[52:53] absolutely nothing. There will always be
[52:55] technology that can help law
[52:56] enforcement's job to be easier. But
[52:58] making law enforcement's job easier
[53:00] cannot be the standard by which we
[53:02] decide how much privacy citizens must
[53:04] surrender. I respect our law enforcement
[53:06] officers and the difficult job they
[53:08] voluntarily take on. But the difficulty
[53:10] of that job does not give government
[53:12] unlimited authority to monitor
[53:14] law-abiding citizens simply because the
[53:16] technology now makes it possible. And
[53:19] the evidence does not justify
[53:21] threatening this treating this
[53:22] technology as an overwhelming public
[53:24] safety necessity. Research on license
[53:27] plates readers has shown mixed results.
[53:29] There may be benefits in recovering
[53:31] stolen vehicles or investigating certain
[53:34] crimes, but those benefits must be
[53:37] weighed against creating a system
[53:39] capable of documenting the movements of
[53:41] thousands of innocent citizens. We're
[53:44] looking at more than 200,000 for the
[53:46] current term and nearly 2,000 for the
[53:48] following. Yes, 80% of that may come
[53:50] from a grant, but grant money is
[53:52] taxpayer money. More importantly, our
[53:55] privacy should not suddenly become
[53:57] negotiable because someone else is
[53:58] paying 80% of the bill. Once the infra
[54:01] infrastructure becomes normalized, where
[54:03] does it end? Today we're told it's
[54:05] stolen vehicles and catalytic
[54:06] converters. But what happens tomorrow
[54:08] when the same technology can be used to
[54:10] identify who attended a pro pe peaceful
[54:12] protest, a political meeting, or an
[54:15] event challenging the government itself?
[54:17] That's where surveillance begins to
[54:19] threaten more than privacy. It can chill
[54:21] free speech and lawful assembly. We
[54:23] should not build that infrastructure and
[54:25] simply trust that the government will
[54:27] never misuse it. Kendall County, not
[54:29] Houston, is a place where people value
[54:31] individual liberty, limited government,
[54:34] and personal privacy.
[54:36] >> Thank you. And uh one last call for Leah
[54:39] Begs.
[54:41] She online. Okay. So, I'm going to call
[54:46] James Oxford and Sean O'Connell.
[54:55] And you may start, sir.
[54:57] >> Okay. Sure. Hello, I'm Sean Oonnell. Um,
[54:59] I'm a resident of Kendall County and um,
[55:02] I just wanted to speak about the flot
[55:03] camera issues. So, uh, I want to argue
[55:07] that privacy is directly related to
[55:09] security, especially in the cyber
[55:11] security world. Um, and it's about
[55:15] preventing people from getting
[55:16] privileged access to your data or
[55:19] privileged information about you such as
[55:20] your whereabouts and other things about
[55:23] your your behavior that you don't want
[55:24] to necessarily share with everybody. Um
[55:27] a couple of and I just feel like this uh
[55:30] surveillance in our lives is becoming
[55:32] like an increasing uh phenomenon. So
[55:35] like one example is I'll just give two
[55:37] examples. So like one example is the
[55:39] iPhone. I think it was in like 2018
[55:42] um suddenly like all of our photos were
[55:45] like automatically analyzed by AI and
[55:48] for like objects like text and like
[55:50] facial recognition and stuff and they
[55:52] didn't ask like any permission to do
[55:54] that. it's it's just like on all our
[55:56] iPhones enabled by default. And so um
[56:00] like you know that that assumes a lot of
[56:02] trust in the company that that we didn't
[56:04] really grant them. And then the second
[56:06] thing is uh a good thing is the
[56:08] transition from HTTP to HTTPS on the
[56:12] internet. Uh in the last like 10 years
[56:14] it's gone from 30% to 95% and that like
[56:17] completely prevents eavesdropping on the
[56:19] internet. um like all the traffic is not
[56:23] seeable by like a man-in-the-middle
[56:25] attack. And so I think if we use that as
[56:28] a like a model, I think um like I hope
[56:31] that we move in that direction instead
[56:33] of the other direction where it's like
[56:34] this slip in of um surveillance. So uh
[56:39] another thing is I uh well actually
[56:42] those are my main points. Um but yeah,
[56:44] I'm just hoping that you vote no on 14
[56:47] and 15. Um, and yeah, thank you.
[56:51] >> All right, thank you for your comments
[56:52] and then we're going to call Suanne Pile
[56:55] over here. All right, and you may begin.
[56:57] >> Hi. Um, my first concern is about Flock
[57:00] Safety itself. Privately owned company
[57:02] founded in 2017. Um, since less than 10
[57:05] years, it's got 120,000 cameras across
[57:08] the United States.
[57:09] >> He didn't identify himself. Could you
[57:11] please
[57:11] >> James Oxford?
[57:12] >> Okay. And are you a Kendall County
[57:14] resident?
[57:14] >> I am.
[57:14] >> Okay.
[57:16] um
[57:17] 120,000 cameras across the United
[57:19] States. Um the result is a system
[57:21] capable of tracking movements of
[57:22] ordinary people who never consented to
[57:25] being monitored and have no meaningful
[57:26] way of opting out of the system. Um a
[57:29] private company elected by no one
[57:31] accountable to no one um who has erected
[57:35] a surveillance system that we don't have
[57:37] any real option about. Um, you know,
[57:40] George Orwell wrote in 1984, "Big
[57:43] Brothers Watching, this is all happening
[57:45] right in front of our eyes." Um, what is
[57:48] also not talked about is the misuse of
[57:50] these systems. It's already happening.
[57:52] Um, in California, a former Riverside
[57:55] County deputy was convicted of using
[57:57] flock to stalk his ex- fiance. In
[57:59] Pasadena, Texas, a police sergeant
[58:01] resigned after allegations of him
[58:04] misusing flock systems. in Georgia. Um,
[58:07] a police chief chief, not an officer, a
[58:09] chief, um, searched Flock hundreds of
[58:12] times to track his former girlfriend and
[58:14] her teenage daughter. Same thing
[58:16] happened in Kansas. Another police chief
[58:18] reportedly used the system 200 times to
[58:20] track his his uh his ex-girlfriend.
[58:24] Um, so these these are systems or these
[58:28] are incidents that have already
[58:29] occurred. It's not a what if, it's, you
[58:32] know, who has access to these things and
[58:33] how will they misuse them.
[58:36] Um, you know, Lord Actton famously said,
[58:39] "Power tends to corrupt and absolute
[58:42] power corrupts absolutely." Today, it
[58:44] can be rephrased, "Absolute surveillance
[58:46] will surveil you absolutely." Um, and I
[58:49] want to be clear that I'm not an enemy
[58:50] of law enforcement or the elected
[58:52] officials sitting in this room. You guys
[58:54] have difficult jobs. Um, and I'm sure
[58:55] the system helps you in certain ways,
[58:57] but where does it end?
[58:59] um you know big government shouldn't
[59:01] have the authority to sit here and
[59:03] surveil us without any you know real
[59:05] promises of you know pulling back you
[59:08] know so
[59:09] >> take that into consideration
[59:11] >> thank you for your time all right Huff
[59:13] if you can come up next from Suanne
[59:15] you're
[59:17] >> my name is Suanne Pile I am a Kendall
[59:19] County resident and
[59:22] I am a retired social studies teacher
[59:27] and I taught government
[59:29] civics many years and I am very worried
[59:34] about the continual
[59:38] encroachment of our liberties. I do
[59:41] believe contrary to what the um somebody
[59:44] said earlier that this is a fourth
[59:46] amendment right. I believe that we have
[59:48] a right to privacy.
[59:52] I understand that that law enforcement
[59:54] has a hard job and they need to do their
[59:58] job with the best tools they can, but I
[1:00:01] do not think that
[1:00:04] surveilling
[1:00:07] the entire county,
[1:00:09] every person in it
[1:00:12] is
[1:00:14] what we want to have. Uh we do not want
[1:00:17] to become a a a surveillance state. We
[1:00:20] do not want to become
[1:00:23] as somebody said somewhere where they
[1:00:26] track our every move and start saying
[1:00:30] things about where we go and like I said
[1:00:33] going to a protest that is we have the
[1:00:36] right to gather and and if that we start
[1:00:41] being targeted because of the places
[1:00:43] that we go to that should not be
[1:00:46] happening here. Um, so
[1:00:51] from a constitutional viewpoint, I do
[1:00:53] not believe that these flock cameras
[1:00:55] should be used on ordinary citizens.
[1:00:58] Thank you.
[1:00:59] >> Thank you, ma'am.
[1:01:00] Uh, next up over here is going to be
[1:01:02] Steven Riggs and floor is yours, sir.
[1:01:06] >> Thank you, Mr. Chairman, members of the
[1:01:07] commission. My name is Brody Huff and I
[1:01:09] am here to represent myself. I am a
[1:01:11] resident of Comfort Texas and Kimell
[1:01:12] County and I stand in firm opposition of
[1:01:14] any renewed contract with Flock Safety
[1:01:17] Group between them and Kimmel County.
[1:01:19] Not because of the cost of any new
[1:01:21] contract and not because of how ugly
[1:01:23] they are on the sides of our beautiful
[1:01:24] roads, but because they because safety
[1:01:27] can never overweigh liberty.
[1:01:32] All of you on this commission are
[1:01:33] Republicans, so I'm sure that all of you
[1:01:35] are familiar with the age-old argument
[1:01:37] that if we just get rid of guns, our
[1:01:38] communities will be safer. This same
[1:01:40] argument is being used to push flock
[1:01:42] cameras. If we just put these cameras
[1:01:43] up, our communities will be safer. I am
[1:01:45] asking that you don't put a band-aid on
[1:01:47] an arterial ble bleed. Stop treating the
[1:01:50] symptoms. Start treating the problems.
[1:01:52] Try to urge your community to heal and
[1:01:55] perhaps these crimes will not happen as
[1:01:57] often.
[1:01:59] I'm sure that some of you are aware of
[1:02:01] it, but just in case you were not, we
[1:02:03] were warned about people who would give
[1:02:05] up liberty for safety in 1755 when
[1:02:08] Benjamin Franklin said, "Those who would
[1:02:10] give up essential liberty deserve
[1:02:12] neither liberty essential liberty to
[1:02:15] purchase a little temporary safety
[1:02:17] deserve neither liberty or safety." I
[1:02:20] see none of you as enemies. Miss Wish, I
[1:02:22] know you. Mr. Carpenter, I know you. Mr.
[1:02:25] Chapman, I am aware of your voting
[1:02:26] record and commend you for voting the
[1:02:28] correct way the past two times and that
[1:02:30] this was brought in front of the court.
[1:02:32] I myself and I'm sure that a few of us
[1:02:35] in the crowd are willing to give you the
[1:02:36] benefit of the doubt when it comes to
[1:02:37] how the vote went the first two times
[1:02:39] because the information and the
[1:02:40] controversy around these cameras was not
[1:02:42] present, but it is now. So, please take
[1:02:45] it into account as the vote on this item
[1:02:47] comes forward. Thank you for your time
[1:02:50] and I yield the rest of mine.
[1:02:52] >> Thank you. All right. Uh, next up at
[1:02:54] this table is going to be Emily Hamby.
[1:02:57] Oh, sorry. I already got her. Clayton
[1:02:59] Patton over here.
[1:03:02] All right, the floor is yours, sir.
[1:03:04] Judge and commissioners, my name is
[1:03:06] Steven Riggs. Uh, I'm a longtime
[1:03:08] resident of Kendall County. I'm speaking
[1:03:12] today to oppose the Fox mass
[1:03:15] surveillance system.
[1:03:17] As rural residents and taxpayers, we
[1:03:20] value our personal privacy and
[1:03:22] constitutional liberties. The deployment
[1:03:24] of automated surveillance that logs,
[1:03:27] tracks, and stores the travel patterns
[1:03:30] of innocent law-abiding citizens creates
[1:03:33] a dragnet system without reasonable
[1:03:35] suspicion or probable cause. This level
[1:03:39] of mass data collection represents
[1:03:41] unnecessary government overreach and
[1:03:44] carries a substantial recurring fiscal
[1:03:48] burden for our county taxpayers.
[1:03:51] Furthermore, serious questions remain
[1:03:54] regarding third-party data sharing,
[1:03:56] long-term retention policies, and public
[1:03:59] oversight. I urge the court to
[1:04:02] prioritize citizen privacy, exercise the
[1:04:05] termination clause in the county
[1:04:07] agreement with flock safety, or at
[1:04:10] minimum pause the program until a
[1:04:12] dedicated, transparent public hearing is
[1:04:16] held to allow residents a formal voice
[1:04:19] on this surveillance infrastructure.
[1:04:22] Thank you for your time and commit and
[1:04:24] commitment.
[1:04:25] >> Thank you.
[1:04:26] Uh, next up over here is
[1:04:28] going to be Lisa Alban.
[1:04:31] Floor is yours, sir.
[1:04:32] >> My name is Clayton Patton. I'm a
[1:04:34] resident of Precinct 4 outside of
[1:04:36] Comfort. I'll tell you, I do not want to
[1:04:38] be here today, but it's an important
[1:04:39] issue that needs to be discussed and
[1:04:41] debated. I think these cameras are a
[1:04:43] great surveillance tool. That being
[1:04:45] said, they belong at the rim or west of
[1:04:47] downtown San Antonio. I do not think
[1:04:49] they should be on rural roads in Ken
[1:04:51] County.
[1:04:52] I want to talk a little bit about facts
[1:04:54] and math that I've done to try to
[1:04:56] prepare for today. I'll tell you, I only
[1:04:59] have one way left to get to my house or
[1:05:01] from my house to comfort without being
[1:05:03] under surveillance of one of these
[1:05:04] cameras. I live 7 miles outside of town.
[1:05:07] There's plenty of back roads by my
[1:05:09] house.
[1:05:10] I think the goal of Flock and probably
[1:05:12] in law enforcement is to not allow me or
[1:05:15] other people in this county to use any
[1:05:16] kind of connecting road without being
[1:05:18] seen by a camera. I don't think they're
[1:05:20] harmless.
[1:05:22] As far as costs, sure it's a grant, but
[1:05:25] think about the cost benefit analysis of
[1:05:28] what we're using here. I believe it's I
[1:05:31] know we're getting discounts and there's
[1:05:33] been some other numbers thrown out
[1:05:34] today, but it seems like they cost about
[1:05:36] $5,000 a year for one camera. I have two
[1:05:40] cameras on 1621 near my house or y'all
[1:05:42] have them really. Everybody has them
[1:05:44] now. Uh and there are two more on
[1:05:46] welfare and wearing road. So, what did
[1:05:50] we get with that? Are we finding two to
[1:05:53] three possible stolen vehicles every
[1:05:55] year? We're not finding. We're just
[1:05:57] seeing them on a camera and know which
[1:05:58] way they went. Or maybe every two to
[1:06:00] three years. So, almost the entire cost
[1:06:03] of my property tax bill is going to pay
[1:06:05] for just one of these cameras for one
[1:06:06] year. I don't know if there's really
[1:06:08] benefit with that.
[1:06:12] So, what cost will be cut to pay for
[1:06:14] them? There is a grant. It's at the
[1:06:16] state. But how many law enforcement
[1:06:17] personnel have to be laid off to pay for
[1:06:19] them? Or how many prosecutors, if the
[1:06:22] job is made so much easier, it's an
[1:06:23] invaluable tool. There's got to be a
[1:06:26] costbenefit trade-off.
[1:06:28] I don't know where that is, but I ask
[1:06:30] y'all to think about that as you vote.
[1:06:35] So, uh, these cameras operate via
[1:06:38] National Software Network.
[1:06:40] >> Your time is up, sir. Thank you. Uh,
[1:06:43] next up over on this side is going to be
[1:06:45] David's Storyly. And ma'am, your Lord's
[1:06:48] yours. I'm so thirsty.
[1:06:50] >> Oh, good morning.
[1:06:51] >> Good morning.
[1:06:52] >> Excuse me. My name is Lisa Alban. I am a
[1:06:55] citizen of Kendall County. And I've
[1:06:59] heard a lot this morning about the flock
[1:07:00] cameras and the LPRs, the license plate
[1:07:03] readers. But on the agenda item, it
[1:07:05] doesn't say you are looking to continue
[1:07:07] to participate in an LPR system or a
[1:07:10] camera system. says that we are here to
[1:07:12] consider uh to participate in the flock
[1:07:15] safety platform. So I was like what is
[1:07:18] the flock safety platform? So I went on
[1:07:21] to the flock safety platform website and
[1:07:24] it just says the cameras are just the
[1:07:25] beginning and I was like well what does
[1:07:27] that mean? I couldn't find anything on
[1:07:29] the flock safety platform on the flock
[1:07:32] safety platform website. So I looked up
[1:07:34] their patent. So when you look up a
[1:07:36] patent you find out a lot about what
[1:07:38] this technology actually is. And it's
[1:07:40] really interesting from the patent. I
[1:07:43] learned all about it. The name of the
[1:07:46] title of this patent from Flock Safety
[1:07:48] Platform is a system and method for
[1:07:51] object-based query of video content
[1:07:53] captured by a dynamic surveillance
[1:07:55] network. And here's what everybody in
[1:07:58] this room needs to know. The Flock
[1:08:00] Safety Platform's patent explicitly
[1:08:03] describes not searching for license
[1:08:05] plates, but searching for people. what
[1:08:08] they're talking about in the objects in
[1:08:10] that title. They're talking about human
[1:08:11] beings. I'm not characterizing it this
[1:08:14] way. This is in their patent. The patent
[1:08:16] specifically describes that it's
[1:08:18] classifying and identifying people with
[1:08:20] their characteristics, sex, race,
[1:08:22] clothing, height, weight, and facial
[1:08:24] recognition. The patent is not just
[1:08:27] about searching for cars and license
[1:08:29] plates. It also describes searching for
[1:08:31] historical surveillance and creating
[1:08:33] maps and timelines. block safety
[1:08:36] platform's patent, not me, but their
[1:08:38] patent says that one of those timelines
[1:08:41] may quote may then create probable cause
[1:08:44] for questioning the driver.
[1:08:47] Create probable cause. Probable cause
[1:08:50] should not be created. It should grow
[1:08:53] out of evidence for uh pointing towards
[1:08:55] someone. Now, investigating a crime
[1:08:58] backwards or a missing person backwards,
[1:09:00] that is good police work. But this model
[1:09:04] that's not what's happening. The patent
[1:09:05] is providing surveillance on everyone
[1:09:08] and stores it before anything bad
[1:09:09] happens. Suspicion gets created later.
[1:09:12] That's backwards and that is
[1:09:13] fundamentally different relationship
[1:09:15] between citizens and government. The
[1:09:16] agenda today doesn't ask us to approve
[1:09:19] license plates. They're asking us to
[1:09:20] approve this platform and I don't
[1:09:23] consent.
[1:09:24] >> Thank you for your words.
[1:09:25] >> Thank you.
[1:09:27] All right. Uh we're going to
[1:09:29] call Robert Okonnell up next and floor
[1:09:31] is yours, sir. Good morning, court. My
[1:09:33] name is David Stoley. I'm a resident of
[1:09:35] precinct 3 in Kendall County.
[1:09:38] I'm here today to talk about flock
[1:09:40] safety. It could just as well be
[1:09:42] numerous other surveillance systems, but
[1:09:45] I'm using flock as a generic term here.
[1:09:47] I'm not here to disparrage the
[1:09:49] technology as there's no disputing that
[1:09:51] when used properly, these systems can
[1:09:52] help solve crimes. It's also shown in
[1:09:55] too many instances that in the wrong
[1:09:57] hands it can be used nefariously. One of
[1:10:00] Flock's strongest selling points is
[1:10:02] solving, may I say, not preventing child
[1:10:04] abductions. This is a bit misleading.
[1:10:06] Child abduction by strangers is an
[1:10:08] extremely uncommon crime in the United
[1:10:10] States, happening only about a hundred
[1:10:12] times annually. Make no mistake,
[1:10:15] protecting children is one of the most
[1:10:16] important charges of our society. But at
[1:10:19] what cost? Should society relinquish all
[1:10:21] rights to privacy? Is this
[1:10:23] proportionally equal to the problem?
[1:10:27] The data collected falls into the wrong
[1:10:29] hands, which it invariably does. What
[1:10:31] can be done with it? Track people at
[1:10:33] church, Planned Parenthood, gun store,
[1:10:35] bar, psychiatrist, or cannabis
[1:10:37] dispensary. It's really quite
[1:10:39] frightening, no matter where you are on
[1:10:40] the political spectrum. I believe there
[1:10:43] are enough cameras out there that we
[1:10:44] don't need taxpayer subsidized cameras.
[1:10:47] I'm here to address what tax dollars are
[1:10:49] being used for. I do not want the
[1:10:51] government bodies responsible for
[1:10:52] managing our communities spending tax
[1:10:54] dollars on our movements. What happens
[1:10:57] when Austin decides they no longer are
[1:10:58] sponsoring these grants? I would like to
[1:11:00] know if these grants given under the
[1:11:02] opices of preventing catalytic converter
[1:11:04] thefts have saved one converter.
[1:11:06] Furthermore, I'd like to know how many
[1:11:07] converters were stolen in Kendall County
[1:11:09] last year. My redneck logic says that
[1:11:12] what was spent on surveillance in the
[1:11:13] county could have paid for every stolen
[1:11:15] converter and still had money left over.
[1:11:17] I asked the commissioner's court to
[1:11:19] approve item 13, which you did, as
[1:11:21] that's already been received. I also ask
[1:11:23] that the court vote no on items 14 and
[1:11:25] 15 and end the surveillance in Kendall
[1:11:27] County. Please do what is morally right
[1:11:30] and end the program now. Ultimately, I
[1:11:32] believe the Supreme Court will strike
[1:11:34] this down, but it'll be years away. And
[1:11:35] as has been mentioned before, I was
[1:11:37] going to quote Benjamin Franklin and I I
[1:11:40] will save the time for later.
[1:11:42] >> Thank you, sir.
[1:11:42] >> Thank you.
[1:11:43] >> All right. Next up on this side is going
[1:11:44] to be Gavin Nash and then floor is
[1:11:47] yours.
[1:11:48] >> My name is Robert Okonnell. I'm a
[1:11:50] Kendall County resident and I oppose the
[1:11:52] flock safety funding. The fourth
[1:11:54] amendment states the right of the people
[1:11:56] to be secure in their persons, houses,
[1:11:58] papers, and effects. I suspect a car is
[1:12:02] in effect against unreasonable searches
[1:12:05] and seizures shall not be violated and
[1:12:08] no warrants shall issue upon prob but
[1:12:12] upon probable cause supported by oath or
[1:12:15] affirmation and particularly describing
[1:12:18] the place to be searched and the persons
[1:12:21] or things to be seized. The fourth
[1:12:23] amendment protects citizens from
[1:12:25] unreasonable searches and seizures by
[1:12:28] government. Warrants must be issued only
[1:12:32] with probable cause and specify both the
[1:12:36] place and place to be searched and the
[1:12:38] things or persons to be seized. So
[1:12:41] questions arise respecting flock safety
[1:12:44] surveillance in the fourth amendment.
[1:12:46] One does a noble purpose become a
[1:12:51] perverse incentive?
[1:12:53] We don't want that happening though the purpose may be noble. Two, since
[1:12:59] government is expressly prohibited from
[1:13:01] unwarranted
[1:13:03] surveillance of citizens, is government
[1:13:05] thus prohibited from hiring private
[1:13:08] agencies to perform such surveillance on
[1:13:11] their behalf?
[1:13:13] Third, does government funded
[1:13:16] surveillance intrude on a reasonable
[1:13:18] expectation of privacy?
[1:13:22] Three. Long-term multilocation tracking.
[1:13:26] Prolonged or comprehensive monitoring
[1:13:29] may constitute unlawful search. The
[1:13:32] Supreme Court has already ruled on uh
[1:13:36] similar uh methods. Extended GPS and
[1:13:39] cell location tracking. This fits into
[1:13:42] that general categorization.
[1:13:45] So, I came to ask the commissioner's
[1:13:47] court to vote no on items 14 and 15 in
[1:13:50] perpetuity.
[1:13:52] uh and uh to and uh also to decline the
[1:13:55] MVCPA
[1:13:57] grant intended to fund flock cameras.
[1:14:00] >> Thank you, sir.
[1:14:02] >> All right. Last call for Gavin Nash.
[1:14:06] Okay. So, we're going to call Adam Lang
[1:14:09] over here and Josh Person over here.
[1:14:16] Is Josh
[1:14:18] person here?
[1:14:20] If not, we're gonna call Dustin Heber.
[1:14:25] All right, floor is yours.
[1:14:27] >> Great. Well, thank you. Uh, my name is
[1:14:28] Adam Lang. I am a Kendall County
[1:14:30] resident. Uh, first I'd like to thank
[1:14:32] Dustin for pulling together that
[1:14:33] petition and bringing all citizens
[1:14:34] together. And I'd like to uh thank
[1:14:36] Commissioner Chapman for responding to
[1:14:38] that petition and and thank you all for
[1:14:40] giving us the time to uh talk to you. I
[1:14:44] was going to make some points about the
[1:14:45] Constitution and all that. Uh, but I I
[1:14:47] want to really just talk about
[1:14:49] I understand where you and the law
[1:14:52] enforcement folks are coming from and
[1:14:54] wanting to protect the citizens of our
[1:14:56] county, right? And I but I think that
[1:14:59] the technology is just I don't think we
[1:15:02] understand it well enough yet to know
[1:15:04] where this is going. And unfortunately,
[1:15:06] having been in the military and uh
[1:15:08] served, you know, in units that are
[1:15:10] associated with u the intel community,
[1:15:13] we have this history of us violating
[1:15:15] these things. We all get annual intel
[1:15:18] oversight training that tells us about
[1:15:20] how we use these military grade
[1:15:22] technologies back in the 70s to violate
[1:15:25] the rights of many of the civil rights
[1:15:27] movements folks. We did that and it's in
[1:15:29] the training that we now have to put
[1:15:31] guard rails and controls in at the
[1:15:33] federal level. We talked earlier, the
[1:15:35] first few folks that talked about this,
[1:15:37] I understand why they want this and they
[1:15:38] promise that they're going to put guard
[1:15:39] rails in.
[1:15:41] The truth is that they just don't have
[1:15:44] those and they don't know how to do
[1:15:45] that. I don't expect the law enforcement
[1:15:47] agencies in Kennel County, Far Ranch,
[1:15:50] our local communities are going to
[1:15:52] probably do anything to violate this.
[1:15:53] But Harris County, Dallas, Ohio, New
[1:15:57] York, they are going to and the the
[1:16:00] company, I don't trust them at all. And
[1:16:03] I I think that we need to understand
[1:16:04] more about the private organization
[1:16:06] that's maintaining this data over who
[1:16:08] knows how long and who they're selling
[1:16:10] that data to, your data, our data. And
[1:16:14] so I I'll just close by saying like I I
[1:16:16] know that you heard the the the points
[1:16:17] made by law enforcement and I think that
[1:16:20] the the voters here are making better
[1:16:22] points. So thank you for your time.
[1:16:24] >> Thank you.
[1:16:27] >> And over here we're going to call Jason
[1:16:29] Carroll. All right. Floor is yours. Good
[1:16:32] morning. Dustin Avery, Kendall County
[1:16:33] resident. We all want to save community,
[1:16:36] but there are moments when government
[1:16:38] has to choose between more power and
[1:16:39] more liberty. And when that choice is
[1:16:41] close, liberty should win. I had 1500
[1:16:44] people signed the petition in about 2
[1:16:46] weeks. Um 900 of them live in this
[1:16:48] county. We're at over 1,800 and over a
[1:16:50] thousand today. Do these cameras help
[1:16:53] solve crimes? Absolutely. Those stories
[1:16:55] that were mentioned early earlier
[1:16:56] matter. But public safety cannot come
[1:16:59] become a blank check for mass
[1:17:01] surveillance. As of this morning, in the
[1:17:03] last 30 days, uh according to the Flock
[1:17:06] Kendall County portal, uh the cameras
[1:17:09] have photographed 545,000 unique
[1:17:12] vehicles. We only have 47,000 people
[1:17:14] that live here. That's not just
[1:17:16] criminals. That's everybody living their
[1:17:18] lives. No warrant, no probable cause, no
[1:17:21] suspicion. Just collect it all. And look
[1:17:23] at the business model. The county's own
[1:17:26] paperwork calls this a lease agreement.
[1:17:28] So, us taxpayers are funding it. The
[1:17:31] private company owns the equipment. Um,
[1:17:34] and we're generating the data. It's a
[1:17:36] hell of a business model, but it's not
[1:17:37] one for Kimmel County. The bigger
[1:17:40] question is this. Does safety
[1:17:41] automatically outweigh privacy every
[1:17:43] time somebody invents a new technology?
[1:17:45] There will always be another crime that
[1:17:47] might be solved um that another camera
[1:17:50] could help, another piece of technology
[1:17:51] can help.
[1:17:53] Constitution was designed to protect the
[1:17:55] people from government power before the
[1:17:57] power was abused, not provide a remedy
[1:18:00] afterward. I don't believe anybody in
[1:18:02] this room wants a surveillance state.
[1:18:04] That's not the point.
[1:18:06] Our constitutional system was not
[1:18:08] designed around the intentions of the
[1:18:09] people in power today. It's about the
[1:18:11] people that's come in power tomorrow.
[1:18:14] And this is how the power grows. one
[1:18:16] camera, one grant, another database
[1:18:19] until surveillance becomes the price of
[1:18:21] leaving your driveway. So, let's draw
[1:18:23] the line here. We don't need citizens
[1:18:25] cutting cameras off polls like it has in
[1:18:28] surrounding counties. We need elected
[1:18:30] officials willing to take them down.
[1:18:32] Vote no in this year's uh next year's
[1:18:34] agreement. Vote no on the grant. And
[1:18:36] when we're out, stay out. Don't bring it
[1:18:37] back under anything else.
[1:18:40] >> Thank you for your time.
[1:18:41] >> Thank you.
[1:18:42] >> All right. And last but not least,
[1:18:44] you're up.
[1:18:45] >> Judge commissioners. My name is Jason
[1:18:47] Carroll, a resident of Kendall County. I
[1:18:50] have founded multiple AI companies and I
[1:18:52] serve as an AI adviser for multiple
[1:18:54] organizations. So, I'm not here as
[1:18:56] someone scared of technology. I'm here
[1:18:59] as someone who knows exactly what it can
[1:19:01] do and where it can break. In fact, a
[1:19:03] few weeks ago, I was issued a citation
[1:19:05] for something I didn't do in a
[1:19:07] California city that I've never been to.
[1:19:09] Uh, it took hours before a human would
[1:19:11] ever even look at the footage. I got a
[1:19:13] ticket, but as we've heard today from
[1:19:15] constituents, others are getting far
[1:19:17] worse. We heard earlier that flock usage
[1:19:20] is audited as if that's supposed to give
[1:19:23] us comfort. But the number of these
[1:19:24] types of stories
[1:19:26] uh uh that we've heard already and of
[1:19:28] abuse are growing rapidly. And when the
[1:19:32] machine is wrong, the burden doesn't
[1:19:34] disappear. It shifts to the innocent
[1:19:37] person. And that's backwards, isn't it?
[1:19:40] Here's why that matters for Kendall
[1:19:42] County. I don't walk my bike up at the
[1:19:44] gym. My very attractive wife walks at
[1:19:47] night without looking over her shoulder.
[1:19:49] We're a safe town with no signs of that
[1:19:51] changing. And that safety didn't come
[1:19:54] from cameras. It came from our wonderful
[1:19:56] law enforcement officers. It came from
[1:19:58] our neighbors. And once we decide that a
[1:20:01] camera can do that job, we're quietly
[1:20:03] inviting our neighbors to stop doing it.
[1:20:06] So, here's my ask. Don't renew this
[1:20:09] contract. Follow Bandaraa County, Hood
[1:20:12] County, Hayes County, and the dozens of
[1:20:14] jurisdictions nationwide that have
[1:20:15] canceled or rejected these contracts
[1:20:16] since January.
[1:20:18] Earlier, we heard that one day something
[1:20:21] might happen and that without flock,
[1:20:24] it's open season for criminals. But that
[1:20:27] is not our current reality. We can
[1:20:29] always add cameras back later. In fact,
[1:20:32] you could probably hire me to build a
[1:20:34] more creative, safe solution here in the
[1:20:36] county.
[1:20:38] But we cannot add back the kind of town
[1:20:40] that never needed these cameras to begin
[1:20:42] with.
[1:20:43] >> Thank you.
[1:20:43] for those comments.
[1:20:46] >> I want to commend you all for the
[1:20:48] spirited yet respectful debate. Did you
[1:20:52] submit a comment? You All right. Last,
[1:20:55] Could you just announce your name and
[1:20:59] >> Thank you, chairman. Thank you,
[1:21:00] commissioners. Good morning. My name is
[1:21:01] Heather Vessie. I'm a Kendall County
[1:21:03] taxpayer. I am asking that you vote no
[1:21:06] on items 14 and 15. I do not consent. I
[1:21:09] do want to let you know that I
[1:21:10] absolutely support and respect our law
[1:21:12] enforcement. Block cameras threaten our
[1:21:14] right to privacy. This technology is
[1:21:17] tracking our movement without our
[1:21:18] knowledge and consent. These are
[1:21:20] promoted as tools for our safety.
[1:21:23] But what it really is doing is giving
[1:21:25] the government and law enforcement the
[1:21:26] ability to monitor innocent people's
[1:21:28] movement on such a huge scale. This
[1:21:30] creates serious concerns on how that
[1:21:32] information should be stored, shared or
[1:21:34] misused. We shouldn't be we should be
[1:21:37] able to live our lives without creating
[1:21:39] a permanent record of our daily lives.
[1:21:41] In my opinion, this is government
[1:21:43] overreach and this violates our civil
[1:21:45] liberties. Safety is absolutely
[1:21:47] important, but not at the cost of our
[1:21:48] privacy and our freedoms. For this, I
[1:21:51] ask that you vote no on renewing the
[1:21:53] Kendall County flock contract. Thank
[1:21:55] you.
[1:21:55] >> Thank you.
[1:21:57] >> All right. Did I miss anyone that would
[1:21:58] like to speak?
[1:22:01] Okay. All right. Again, I'd like to
[1:22:04] thank you all for your spirited yet
[1:22:06] respectful debate. That's all what this
[1:22:08] um this court's about. So, I'll kick us
[1:22:12] out kick us off. I'm going to be short
[1:22:13] and sweet. So, my background includes
[1:22:16] serving as a military prosecutor for 10
[1:22:18] years. So, I know the value of
[1:22:19] technology and solving crimes. However,
[1:22:22] Flock has lost the faith and trust of
[1:22:25] communities across the country and
[1:22:27] including, in my opinion, Kendall
[1:22:29] County. And so, as a result, I can no
[1:22:32] longer support Flock's presence in
[1:22:33] Kendall County until that trust is
[1:22:35] restored. So, with that, I'm going to
[1:22:36] hand it over to my colleagues.
[1:22:38] Commissioner Re,
[1:22:38] >> I'd love to jump in. Okay. Thank you
[1:22:40] everyone for being here and your time
[1:22:42] this morning. So,
[1:22:44] think about walking outside and your car
[1:22:46] is gone or you're a parent and your
[1:22:48] daughter hasn't come home and you're
[1:22:50] scared to death and every minute feels
[1:22:51] like an hour. And so, in those moments,
[1:22:54] you want law enforcement to have the
[1:22:55] very best tools available. And we've
[1:22:57] heard from the sheriff's office and the
[1:22:59] district attorney that it works, that
[1:23:01] these cameras help catch bad guys and
[1:23:03] recover stolen property and find missing
[1:23:05] people. And those results matter to me.
[1:23:08] I wanted to support this technology from
[1:23:10] the beginning, but I believe that
[1:23:12] something this powerful needed
[1:23:14] guardrails. And so I asked the sheriff's
[1:23:15] office for a written policy governing
[1:23:18] the use and to make that public on the
[1:23:19] website. And they did. And I thank the
[1:23:21] sheriff and the and his staff for taking
[1:23:23] those concerns seriously. But the more
[1:23:26] I've learned, the more I've come to
[1:23:28] consider three things: trust, control,
[1:23:30] and liberty. And I trust our sheriff.
[1:23:32] But our policy ends where our authority
[1:23:35] ends. Flock isn't just a camera besides
[1:23:37] the road reading a license plate. That
[1:23:39] information becomes much part a bigger
[1:23:42] part of a larger network. That's what
[1:23:44] makes Flock so useful. And that's also
[1:23:47] what concerns me. We can control our
[1:23:49] sheriff's office, but we cannot control
[1:23:51] every outside user, every future
[1:23:53] decision by a private company or
[1:23:56] everyone who may try to get into that
[1:23:58] system. and independent security
[1:24:00] researchers have already documented
[1:24:03] these security exposures in flocks own
[1:24:06] cameras and they do see more than just a
[1:24:08] license plate. And then there's Liberty.
[1:24:10] Yes, cameras are everywhere. Amazon
[1:24:12] trucks have them, tow trucks have them,
[1:24:14] Walmart has them, but there's a
[1:24:16] difference. I choose to walk into
[1:24:18] Walmart and Walmart bought those cameras
[1:24:20] with Walmart's money. Here, government
[1:24:22] is collecting information and even when
[1:24:25] we're using grant money, grant money is
[1:24:27] taxpayer money. So, of course, someone
[1:24:29] standing beside the highway can see your
[1:24:31] car go by, but there's a difference
[1:24:33] between being seen and being tracked.
[1:24:35] Technology will only get faster,
[1:24:38] smarter, and more connected. Technology
[1:24:41] doesn't have a conscience, but we do.
[1:24:43] The question isn't whether flock works.
[1:24:45] It does. The question is how much
[1:24:47] information government should collect
[1:24:50] about people who haven't done anything
[1:24:52] wrong and how much risk we're willing to
[1:24:55] create by collecting that information.
[1:24:57] Because most people passing these
[1:24:58] cameras aren't criminals. They're the
[1:25:00] mom taking her child to school, the
[1:25:02] rancher checking a gate, your neighbor
[1:25:04] driving to town. It's you. You shouldn't
[1:25:06] have to worry who might someday might be
[1:25:10] able to find out where you've been.
[1:25:11] Government should be responsible for
[1:25:13] making sure that information is
[1:25:15] protected. I don't think that we can.
[1:25:17] And for me, that's where the balance
[1:25:19] tips.
[1:25:20] >> And Commissioner McConn.
[1:25:23] >> Yes, ma'am. We actually didn't allow the
[1:25:25] sheriff's the sheriff or the sheriff's
[1:25:27] department to finish speaking um before
[1:25:29] they only thing they talked about was
[1:25:30] the grant for the first contract.
[1:25:32] >> Okay. I'm going to give them an
[1:25:33] opportunity.
[1:25:34] >> I was I was wondering if the
[1:25:35] commissioners would like to hear them
[1:25:36] before they share their thoughts in case
[1:25:38] the sheriff's comments might change
[1:25:40] their mind.
[1:25:40] >> Okay. All right. Uh
[1:25:43] sure.
[1:25:45] >> Thank you, judge. Thank you court. Thank
[1:25:47] you councel for for that little bit
[1:25:49] there.
[1:25:50] So,
[1:25:53] I'm going to take some time here and I
[1:25:55] want to look at this holistically
[1:25:58] and I hope that you will be open-minded
[1:26:01] and hear what I have to say and then
[1:26:04] make a well
[1:26:07] um
[1:26:10] educated understanding and a decision
[1:26:12] based on the whole picture of what I'm
[1:26:15] about to present to you. First of all, I
[1:26:18] want to say this. I don't consider this
[1:26:21] a threat against law enforcement.
[1:26:24] I just say I hear you
[1:26:28] and I agree with you
[1:26:32] almost everything that you say.
[1:26:36] But hear me out. Give me my opportunity
[1:26:38] as well, please.
[1:26:41] That's all I ask. Fairness.
[1:26:45] Because I'm going to address pretty much
[1:26:47] everything that's been stated.
[1:26:49] Let me say something else about
[1:26:52] everybody here.
[1:26:56] I brag about you everywhere I go.
[1:27:01] This community
[1:27:03] second to none.
[1:27:05] And I am proud and I'm honored to serve
[1:27:09] in the capacity of what I do.
[1:27:12] And I know this is not a personal attack
[1:27:14] on me and I appreciate that. I have had
[1:27:16] great conversation with many of you.
[1:27:21] I haven't changed your mind.
[1:27:25] You haven't changed my mind. And I'm
[1:27:27] fixing to express why you haven't
[1:27:29] changed my mind. Allow me the
[1:27:31] opportunity, please.
[1:27:34] It's going to take a minute,
[1:27:36] but I think it's deserved.
[1:27:41] So, thank you. and thank you for the
[1:27:44] type of people that you are because you
[1:27:47] are what makes this community what it
[1:27:48] is. Thank you.
[1:27:58] I have a presentation slide
[1:28:02] presentation.
[1:28:04] Um
[1:28:09] » can I say something real brief?
[1:28:11] >> Yes. the the the grant that that we're
[1:28:13] talking about was from the sheriff's office and this
[1:28:17] is his item. So, he has an opportunity
[1:28:21] to talk more than just three minutes.
[1:28:23] >> Thank you.
[1:28:24] >> Are you Are you ready?
[1:28:25] >> I am ready.
[1:28:26] >> Okay.
[1:28:27] >> Are y'all ready,
[1:28:27] >> James? Are you ready?
[1:28:29] >> I need slide number one, please.
[1:28:34] Okay. This is going to be about the
[1:28:37] automated license plate readers, the
[1:28:40] ALPRs.
[1:28:42] Presentation of this presentation
[1:28:46] is about what the technology actually
[1:28:48] does,
[1:28:50] what the law actually says,
[1:28:56] and what limits should be used to govern
[1:28:59] its uses.
[1:29:02] Slide number two, please.
[1:29:09] I want to address the concerns being
[1:29:11] raised regarding automatic license plate
[1:29:14] readers or the ALPRS.
[1:29:17] This discussion deserves facts rather
[1:29:19] than fear from either my side or the
[1:29:23] opposing side. It needs to be based on
[1:29:26] truth and facts.
[1:29:31] I believe strongly in public safety.
[1:29:35] I also believe strongly in the fourth
[1:29:37] amendment,
[1:29:39] individual liberty, limited government,
[1:29:43] and accountability for law enforcement.
[1:29:46] Those principles are not mutually
[1:29:49] exclusive.
[1:29:52] Slide three, please.
[1:29:56] These are questions as a court you need
[1:29:58] to ask yourself
[1:30:00] and I hope you take these seriously.
[1:30:05] Is it lawful?
[1:30:08] Does it serve a legitimate public safety
[1:30:11] purpose?
[1:30:13] What does it collect?
[1:30:16] What safeguards govern it? And what
[1:30:20] happens when somebody abuses it? Those
[1:30:32] questions are more than useful than
[1:30:34] treating technology itself as either
[1:30:37] automatically good or automatically bad.
[1:30:44] Next slide, please. Slide four.
[1:30:48] This is larger
[1:30:51] than flock safety.
[1:30:55] ALPR
[1:30:57] technology. Slide five, please.
[1:31:01] Hope everybody has a chance to read some
[1:31:02] of these.
[1:31:04] ALPR technology
[1:31:08] predates Flock and has been used for
[1:31:11] years, decades by federal, state, and
[1:31:13] local law enforcement through fixed
[1:31:15] cameras, mobile systems, and public
[1:31:17] private camera networks. Block is one
[1:31:20] vendor.
[1:31:22] The underlying technology is about
[1:31:24] automated license plate recognition.
[1:31:28] There are several other vendors that are
[1:31:31] used throughout the country.
[1:31:33] So that you know that this is nothing
[1:31:35] new. This technology has been around for
[1:31:37] decades, almost 50 years. It was brought
[1:31:40] to the United States about 20ome years
[1:31:42] ago and it's now being used in in in a
[1:31:46] way that's being used in law
[1:31:47] enforcement. So it's been given a lot of
[1:31:49] recognition and a lot of concern,
[1:31:52] rightful concern.
[1:31:55] Next slide, please.
[1:32:03] Go back one slide, please.
[1:32:06] What the ALPR automates.
[1:32:09] At the most basic level, the ALPR
[1:32:11] automates what an officer could
[1:32:13] historically observe with his or eyes on
[1:32:16] a public roadway, a vehicle, its
[1:32:18] publicly displayed plates and exterior,
[1:32:20] where it was seen, when it was seen, and
[1:32:23] whether the plate matched the legitimate
[1:32:25] law enforcement information. Technology
[1:32:28] simply makes this process substantially
[1:32:31] faster.
[1:32:33] Next slide, please. The distinction
[1:32:35] matters.
[1:32:38] The speed and searchability
[1:32:42] or the operational difference a human
[1:32:43] officer, a patrol officer cannot stand
[1:32:46] at a dozen different roadways around the
[1:32:49] clock and later remember every vehicle
[1:32:51] that passed by.
[1:32:54] That increased capability is why is why
[1:32:57] both public safety value and the
[1:33:00] safeguards deserve serious attention.
[1:33:06] Next slide.
[1:33:11] What does a flock camera actually
[1:33:15] collect? Next slide.
[1:33:19] It's been mentioned here about the
[1:33:21] technology and I'm telling you all that
[1:33:22] technology already exists.
[1:33:26] A flock ALPR
[1:33:32] license plate reader is not a cell phone
[1:33:34] tracker.
[1:33:36] It does not extract drivers cell phone
[1:33:38] information, texts, calls, contacts, or
[1:33:41] internet activity. The ALPR product does
[1:33:44] not use facial recognition to identify
[1:33:47] motorists.
[1:33:50] Flock's published LPR data definition
[1:33:53] does not include Bluetooth identifiers,
[1:33:55] Wi-Fi identifiers, and intercepted radio
[1:33:58] frequency communication.
[1:34:00] I spoke with a local business person
[1:34:02] about a couple of weeks ago. They have a
[1:34:05] system that does exactly all of that.
[1:34:08] Why does he have that? He has it for the
[1:34:11] same reason Walmarts have them. The Home
[1:34:12] Depots have them, themies have them, why
[1:34:16] big markets have them, so that so that
[1:34:20] they can know how to market their
[1:34:22] products better and increase their
[1:34:23] profit margins. It's for the commercial
[1:34:25] aspect of things. It exists. There is
[1:34:29] technology you can drive by and it will
[1:34:31] take everything in your car, your
[1:34:33] smartwatch,
[1:34:34] your Wi-Fi you might be using, whatever
[1:34:36] tablet you have activated, your cell
[1:34:39] phone, your infotainment system in your
[1:34:42] vehicle,
[1:34:44] all that data can be retrieved.
[1:34:48] It exists.
[1:34:50] The Flock ALPR camera is not capable of
[1:34:54] any of that.
[1:34:59] Next slide, please.
[1:35:04] A typical AOPR
[1:35:06] record can include the license plate
[1:35:08] image, a vehicle image, a plate number,
[1:35:11] the state, physical vehicle cir uh uh
[1:35:15] characteristics such as the make and
[1:35:17] color, the date and time, and the camera
[1:35:19] location. That's it.
[1:35:22] at that point in time. That's what it
[1:35:25] records.
[1:35:30] This is a vehicle centered information.
[1:35:33] It is not a person identification
[1:35:35] record.
[1:35:38] Slide please.
[1:35:42] Still images are not continuous
[1:35:45] surveillance video. The ALPR system
[1:35:48] takes still vehicle images rather than
[1:35:51] continuously recording traditional
[1:35:53] surveillance video. Software converts
[1:35:56] the web uh the physical vehicle
[1:35:59] information into searchable data. The
[1:36:02] system uh the system's value is in those
[1:36:06] discrete timestamped observations.
[1:36:10] One of the things where AI is used in
[1:36:11] these cameras is to not only identify
[1:36:14] the make color model which is captured
[1:36:16] on a photo but um excuse me.
[1:36:30] It can take down characteristics for
[1:36:32] those circumstances of which there may
[1:36:34] not be an a license plate available when
[1:36:37] somebody needs to search those certain
[1:36:39] characteristics
[1:36:41] as mentioned earlier uh by somebody. It
[1:36:43] was a partial license plate or is a dark
[1:36:46] SUV or a pickup truck, a white Ford
[1:36:48] pickup of truck. You might be able to
[1:36:50] use those things to try to identify a
[1:36:52] vehicle that might have uh went through
[1:36:54] that camera system or that camera
[1:36:56] location.
[1:37:00] Next slide, please.
[1:37:04] The cellular transmission is not cell
[1:37:06] phone collection. Let's make clear that
[1:37:09] the system does not collect any cell
[1:37:11] phone data. The camera may use a
[1:37:14] cellular network to transmit its own
[1:37:16] captured record to cloud storage, but
[1:37:20] not that's not the same as harvesting
[1:37:23] cellular signals or electronic
[1:37:25] information from passing motorists.
[1:37:28] It is photographing what is visually
[1:37:31] exposed on a roadway and adding the time
[1:37:35] and location of that observation.
[1:37:39] Next slide.
[1:37:44] It photographs everyone.
[1:37:47] That's correct. It does.
[1:37:51] The criticism that the camera captures
[1:37:53] vehicles regardless of whether they are
[1:37:55] uh already suspects or substanti is
[1:37:58] substantially correct. It does. There's
[1:38:01] no denying that
[1:38:03] everybody is photographed when you go by
[1:38:05] the camera.
[1:38:08] The important distinction is what
[1:38:10] follows.
[1:38:11] Vehicle direction is not suspect. Stop
[1:38:14] is not suspect or stop. Uh an the the information is not an accusation.
[1:38:20] It's not an arrest. It's for human
[1:38:23] investigation
[1:38:26] to assist law enforcement. Most
[1:38:29] detections are never acted on. Of those
[1:38:32] thousands that are already on record,
[1:38:35] probably 90% of them have never even
[1:38:38] been looked at. Nobody even knows they
[1:38:40] exist. And they will be deleted in the
[1:38:42] proper timeline. Then they're gone. They
[1:38:46] don't stay around forever.
[1:38:48] Our
[1:38:53] public page states that the lo local
[1:38:55] data currently is retained 30 days.
[1:38:58] That's our policy right now. As we talk
[1:39:01] about policy and how this thing should
[1:39:02] be guided and regulated, that's going to
[1:39:05] change.
[1:39:07] Now, is it going to stay 30? I don't
[1:39:09] know. But I can tell you things are
[1:39:10] going to change as we continue through
[1:39:11] this discussion because things have
[1:39:13] happened.
[1:39:19] A large volume of observations, those
[1:39:21] photos, those still photos and
[1:39:23] everything that it captures makes
[1:39:26] retention, access, sharing, and auditing
[1:39:30] more important. It does not convert
[1:39:33] every passing driver into a suspect.
[1:39:43] Next slide, please.
[1:39:49] An ALPR is an investigative tool. It's
[1:39:52] not a police force.
[1:39:56] Law enforcement is equipped with many
[1:40:00] tools.
[1:40:02] All of which can be misused
[1:40:06] against the public.
[1:40:08] The car we drive, the weapon systems we
[1:40:11] carry, the tasers we carry,
[1:40:15] the camera system we carry.
[1:40:19] So many things that we do can be misused
[1:40:23] and have been misused. There's no
[1:40:25] denying that.
[1:40:32] Next slide, please.
[1:40:35] An ALPR does not arrest anybody.
[1:40:39] It does not search a house. It does not
[1:40:41] issue a warrant. It does not convict
[1:40:43] anybody. It does not establish guilt. It
[1:40:46] does not eliminate reasonable suspicion.
[1:40:49] It eliminate it does not eliminate
[1:40:50] probable cause or eliminate
[1:40:53] constitutional requirements for
[1:40:55] detention or uh uh detection, search,
[1:40:59] arrest or prosecution.
[1:41:02] The legal authority for police action
[1:41:04] still comes from the Constitution,
[1:41:07] statutes, warrants, probable cause,
[1:41:10] reasonable suspicion, and the facts of
[1:41:12] the case,
[1:41:14] not from a camera.
[1:41:17] Next slide.
[1:41:22] The camera produces information.
[1:41:26] It produces information. Sometimes that
[1:41:28] means a stolen vehicle or wanted person
[1:41:30] alert. Sometimes it assists with a
[1:41:32] missing child, endangered adults, Amber
[1:41:35] Alert, Silver Alert. Sometimes it's
[1:41:37] simple as a lead about a vehicle near a
[1:41:40] crime.
[1:41:43] Our current public page specifically
[1:41:45] identifies real time alerts
[1:41:48] tied to stolen vehicles, missing person
[1:41:51] cases, and wanted suspects.
[1:41:54] A couple of stories. I don't need to go
[1:41:56] into these. They're all over the
[1:41:58] internet.
[1:41:59] For every bad story, you can find a good
[1:42:01] story. For every good story, you can
[1:42:04] find a bad story.
[1:42:06] Every bad story has got human error
[1:42:08] connected to it. Every good story has
[1:42:12] got good police work connected to it.
[1:42:18] Next slide, please.
[1:42:26] The ALPR system court is a force
[1:42:30] multiplier.
[1:42:35] I've been in law enforcement almost 40
[1:42:38] years. I've seen the technology change.
[1:42:43] There are many that will say that this
[1:42:45] technology is right now the most
[1:42:50] advantageous
[1:42:51] and best technology
[1:42:54] available to law enforcement in modern
[1:42:56] times.
[1:43:05] A force multiplier
[1:43:07] and an investigation lead generation
[1:43:09] tool. That's what this is.
[1:43:11] This does not do police work.
[1:43:17] Next slide, please.
[1:43:25] » The value after a crime. You've heard
[1:43:28] today that some people believe that the
[1:43:34] block system
[1:43:36] will help deter crime.
[1:43:39] And you can go to some communities and
[1:43:40] some towns and they will validate that
[1:43:43] to tell you that that's the truth.
[1:43:46] Then you can go to the home office of
[1:43:48] where Flock is in Atlanta, Georgia,
[1:43:50] where they have I don't know how many
[1:43:52] cameras around town and they have had no
[1:43:54] significant drop in crime.
[1:44:06] An ALR program system
[1:44:11] does not prove that it prevents crimes.
[1:44:17] Prevention is not necessarily its
[1:44:20] primary function.
[1:44:27] What's the primary value or the primary
[1:44:29] value is not always prevention.
[1:44:32] Although some will tell you it does an
[1:44:34] outstanding job in preventing preventing
[1:44:36] or deterring crime.
[1:44:38] An ALR program does not have to prove
[1:44:40] that a prevent that prevented a crime
[1:44:43] every time and have value. Prevention is
[1:44:45] not necessarily a primary function. Its
[1:44:48] strongest use can be after a crime or an
[1:44:51] emergency when investigators need to
[1:44:53] reconstruct vehicle activity quickly.
[1:44:59] The force multiplier this year, this
[1:45:02] month,
[1:45:03] a multi- agency working paper by Scott
[1:45:06] M. More goes and INT Adams published
[1:45:10] through the University of South Carolina
[1:45:12] examined the staggered deployment of
[1:45:15] flocked ALPR cameras across 216
[1:45:19] US law enforcement agencies using FBI
[1:45:22] neighbors data from 2017 to 20 uh 23. If
[1:45:29] you don't know what libraries is, that's
[1:45:30] the information that every law
[1:45:32] enforcement agency is required by law to
[1:45:35] forward to their state agency and then
[1:45:37] it's forwarded to the FBI and they're
[1:45:39] the ones that collect all the data and
[1:45:40] put all that data together uh to to talk
[1:45:43] about crime statistics. Right now, what
[1:45:46] you're hearing nationwide crime is down.
[1:45:49] Is that because of the flock camera
[1:45:50] system? I wouldn't say that it is. Could
[1:45:54] it have contributed to it? I would say
[1:45:56] it certainly could have contributed to
[1:45:58] it.
[1:46:08] This 2026 study, this multi- agency
[1:46:11] analysis of the 216 US law enforcement
[1:46:13] agencies found that deployment of flock
[1:46:17] fixed license plate readers was
[1:46:19] associated with a 15.9% increase in
[1:46:23] motor vehicle theft arrest clearances.
[1:46:27] The same study also reported an 11%
[1:46:30] decline in motor vehicle theft after
[1:46:31] deployment. Does that mean that can
[1:46:34] happen everywhere? No.
[1:46:37] But it's it's a statistic from a neutral
[1:46:39] party at a university that looked at 216
[1:46:42] different law enforcement agencies and
[1:46:44] that's the data that they come up with.
[1:46:47] Is that a good tool? You need to decide.
[1:46:51] In the city of Columbus, Missouri or
[1:46:53] Columbia, Missouri, excuse me.
[1:46:57] They published and they do a publish a a annual surveillance technology. They
[1:47:02] did that for last year. Their report
[1:47:05] after beginning flock implementation in
[1:47:08] March of 2025,
[1:47:11] Colombia tracked 217 case outcomes
[1:47:14] directly associated with flock alerts.
[1:47:17] Of those 217 track cases, 89 were
[1:47:21] cleared, 69 by arrest, 20 by other
[1:47:23] means. Another 52 generated
[1:47:25] investigative leads.
[1:47:30] Colombia's report states that more than
[1:47:32] 55% of its track flock associated cases
[1:47:36] resulted in either arrest or
[1:47:40] actionable investigative leads.
[1:47:45] The force multiplier point.
[1:47:48] These figures do not mean a camera
[1:47:50] replaces a deputy or solves a case by
[1:47:52] itself.
[1:47:54] This shows how fixed ALPR can
[1:47:57] continuously generate vehicle
[1:47:59] observations and leads that let the same
[1:48:02] investigators and patrol resources work
[1:48:04] more efficiently when a vehicle is a is
[1:48:07] relevant to a case.
[1:48:21] Next slide please.
[1:48:27] Every investigation
[1:48:29] usually starts with fragments.
[1:48:38] I don't know where you're at, sir. We
[1:48:40] should be on slide 20.
[1:48:42] >> You're on fragments now.
[1:48:44] >> Okay. Thank you.
[1:48:48] Investigators routine Investigations
[1:48:51] routinely begin with incomplete
[1:48:53] information.
[1:48:55] It was a white pickup. No, it was a dark
[1:48:58] SUV. Uh, the license plate was a B C. I
[1:49:03] don't remember the rest.
[1:49:06] I don't know. But the truck had a roof
[1:49:07] rack on it, a bumper sticker, some kind
[1:49:11] of identifying mark that sets it apart
[1:49:13] from everything else that stuck out in
[1:49:15] their mind.
[1:49:21] That's normal investigative work.
[1:49:25] ALPR to make those fragments searchable.
[1:49:34] Next slide.
[1:49:36] What flock can do with those fragments?
[1:49:39] An AOPR can compress work that otherwise
[1:49:43] may take hours, days, or weeks
[1:49:47] by helping investigators identify
[1:49:49] vehicle uh vehicles warranty further
[1:49:53] examination. The technology does not
[1:49:55] prove who committed the crime. It
[1:49:58] narrows where the investigators should
[1:50:00] look. Now,
[1:50:03] next slide.
[1:50:08] AOPRs
[1:50:10] do not solve crimes.
[1:50:13] Investigators solve crimes.
[1:50:17] The AOPR helps the investigators
[1:50:19] determine where to look.
[1:50:23] A hit of an LPR is not an automatic
[1:50:26] proof, probable cause, or guilt.
[1:50:31] Next slide.
[1:50:35] So, some documented Keno County
[1:50:36] outcomes.
[1:50:38] These are some local examples of how
[1:50:40] flock has been used locally.
[1:50:55] Some of these might be on the website.
[1:51:00] Theft of property construction
[1:51:01] equipment.
[1:51:04] was stolen
[1:51:07] from a property off 1376. LPRs captured
[1:51:10] the vehicle traveling with the stolen
[1:51:12] equipment as well as the license plate
[1:51:14] of the vehicle that was hauling the
[1:51:16] equipment. Property was recovered and
[1:51:18] suspect arrested.
[1:51:21] They got that information off an LPR
[1:51:24] because of the characteristics. They
[1:51:25] didn't have a license plate. They put
[1:51:27] the characteristics of a timeline of
[1:51:29] what kind of vehicle might have had that
[1:51:30] stolen equipment on it. That's how that
[1:51:32] case was solved.
[1:51:34] Had that fly camera not been there, that
[1:51:37] equipment would still be missing today.
[1:51:38] More than likely,
[1:51:41] burglar of a building, a commercial
[1:51:43] business. Two vehicles park at a local
[1:51:45] business and burglarize it. The business
[1:51:48] captured the license plate of one
[1:51:50] vehicle and the unique identifiers of
[1:51:52] the second vehicle with their security
[1:51:55] cameras.
[1:51:57] Knowing the first vehicle's license
[1:51:58] plate, the LPRs were used to identify
[1:52:01] the second vehicle that was traveling
[1:52:03] with it. The license plate was obtained
[1:52:05] for the second vehicle. The driver of
[1:52:07] the second vehicle was identified and
[1:52:09] the first vehicle license plates were
[1:52:11] found to be stolen.
[1:52:14] It was also found that shortly after the
[1:52:16] burglary, the vehicle was involved in a
[1:52:18] major hit and run accident in San
[1:52:19] Antonio.
[1:52:22] The the suspect fled and the truck was
[1:52:24] impounded. Items contained uh containing
[1:52:27] potential DNA were collected and sent
[1:52:29] out for testing and San Antonio PD later
[1:52:32] arrested the suspect without standing
[1:52:34] warrants.
[1:52:36] A hit and run. A victim of a hit-and-
[1:52:40] run accident was able to take a picture
[1:52:42] of the suspect vehicle, but the license
[1:52:44] plate was not legible.
[1:52:47] Knowing the date and time of the
[1:52:48] incident, LPRs were utilized and a
[1:52:51] vehicle matching the picture the victim
[1:52:54] took was located with the license plate.
[1:52:56] The driver of the vehicle was identified
[1:52:58] and the insurance information was
[1:53:00] exchanged. So, the damage of the
[1:53:02] victim's vehicle could be repaired,
[1:53:04] that's not a big deal. But if that was
[1:53:07] your vehicle and the guy got away and
[1:53:09] you never got found out that who that
[1:53:11] person was, it was through the flock
[1:53:13] system that we're able to identify that
[1:53:15] person under a timely manner. For that
[1:53:18] person who got hit, it's a big deal.
[1:53:25] Mail theft, stolen property, a jet ski
[1:53:27] out of Gonzalez County. Multiple Kendall
[1:53:30] County residents were victims of mail
[1:53:32] theft.
[1:53:34] One of the victims captured a suspect
[1:53:36] vehicle, but no license plate on
[1:53:38] security cameras. The vehicle was
[1:53:39] identified using LPRs. The vehicle's
[1:53:42] owner was identified, and changes were
[1:53:44] and charges were filed. Uh the LPR
[1:53:47] images also showed the vehicle hauling a
[1:53:49] stolen jet ski that had previously uh uh
[1:53:53] recovered abandoned in a field here in
[1:53:55] Kendall County.
[1:53:57] The jet ski was returned to the owner
[1:53:59] and all the suspect information was
[1:54:01] forwarded to Gonzalez County. So,
[1:54:08] those are property crimes.
[1:54:11] That's stuff people take damage to our
[1:54:15] vehicle.
[1:54:18] Some of them seem kind of small
[1:54:21] like police should work harder to solve
[1:54:25] those things.
[1:54:26] Find people's property.
[1:54:44] Next slide, please.
[1:54:49] But the use of LPR is not only for
[1:54:53] property crimes.
[1:54:57] Let me tell you how else this has been
[1:54:58] used locally.
[1:55:02] Investigators received a cyber tip of an
[1:55:04] individual viewing child pornography.
[1:55:09] IP results indicated the suspect lived
[1:55:12] in Kendall County, but other data bases
[1:55:16] uh indicated he may have another address
[1:55:18] outside of Kendall County. A vehicle
[1:55:21] registered to the suspect was identified
[1:55:23] and was seen repeatedly on LPR cameras
[1:55:26] in Bernie near the Kendall County
[1:55:28] address. During further investigation,
[1:55:31] investigators were able to place that
[1:55:34] vehicle at the address in Kendall
[1:55:35] County. A search warrant was executed
[1:55:39] and approximately 900 images of child
[1:55:42] pornography were located. Charges filed.
[1:55:46] That's here in your backyard.
[1:55:55] This one was mentioned earlier.
[1:55:59] You may not know this, but um sex
[1:56:02] offenders have a lot of rules they got
[1:56:03] to go by. There was a
[1:56:06] and this come from our our analyst.
[1:56:10] She conducted and and through the DA's
[1:56:12] office a random sex offender check on
[1:56:14] one of our offenders because it was they
[1:56:17] were never home. One of the requirements
[1:56:20] is they got to be home. They got to stay
[1:56:21] home. They can't be gone any more than
[1:56:23] 48 hours. I believe offenders must check
[1:56:26] in if you're going to be away from home
[1:56:28] more than 48 hours. When Defender's LP
[1:56:31] was run through flock, it was found that
[1:56:32] he was in port A.
[1:56:39] As mentioned earlier, in port A, living
[1:56:42] and staying within three miles of four
[1:56:44] different elementary schools.
[1:56:47] After further investigating this, it was
[1:56:50] found that he violated his terms
[1:56:54] for registry of a sex offender. He was
[1:56:55] convicted again
[1:57:02] for not complying.
[1:57:06] This guy was coming back and forth and
[1:57:08] every once in a while he come back here
[1:57:09] and the reason he came back to Kendall
[1:57:11] County is because his doctor was here
[1:57:13] and he had to go see his doctor
[1:57:16] but he actually lived in poor day
[1:57:18] amongst children.
[1:57:22] Here's another one that happened
[1:57:24] recently. While a deputy was on patrol,
[1:57:26] he received an alert for an attempt to
[1:57:28] locate a person interested in mur in a
[1:57:32] murder out of Georgetown.
[1:57:37] The deputy ran the vehicle information
[1:57:39] into Flock and received a hit,
[1:57:42] meaning he was in our county, one of our
[1:57:44] cameras. The deputy was unable to catch
[1:57:46] up with the vehicle,
[1:57:48] but he forwarded the information to Kerr
[1:57:51] County.
[1:57:53] where they located the vehicle and under
[1:57:55] and and ultimately took him uh uh and
[1:57:57] arrested him. He had murdered his wife
[1:58:00] in Georgetown. He was loaded down,
[1:58:02] headed to Mexico.
[1:58:08] Here's a good one.
[1:58:10] This is a nice one.
[1:58:13] A deputy assisted Bernie PD in locating
[1:58:15] an elderly woman. She was at the bowling
[1:58:17] alley with dementia.
[1:58:20] made the wrong turn, not supposed to be
[1:58:22] driving at night.
[1:58:27] She gets turned around and according to
[1:58:28] her husband,
[1:58:30] so the deputy used the flock system was
[1:58:33] able to start tracking her. Yes,
[1:58:35] tracking her, not surveilling her.
[1:58:38] There's a big difference and we'll talk
[1:58:39] about that. Surveillance is constant, a
[1:58:42] constant flow of where that person is.
[1:58:45] We don't know where that person went
[1:58:47] between the different camera locations.
[1:58:49] Ultimately, the story ends nicely. She's
[1:58:52] found in Ualdi
[1:58:57] where her husband went down and picked
[1:58:58] her up.
[1:59:03] This last weekend,
[1:59:06] my deputies are out routine patrol. A
[1:59:09] car goes by at 90 miles an hour,
[1:59:13] makes a routine traffic stop for
[1:59:15] speeding.
[1:59:18] Turns out there's three people in the
[1:59:20] car.
[1:59:22] The end result is
[1:59:24] they all go to jail for possession of
[1:59:26] marijuana.
[1:59:28] A little bit of marijuana. That's one
[1:59:30] thing about Kendall County. You may not
[1:59:32] agree with that either. Not off topic.
[1:59:34] In San Antonio, they probably wouldn't
[1:59:36] have messed with it.
[1:59:38] These guys went to jail. They're from
[1:59:40] Houston. What are they doing here at
[1:59:43] night? Driving fast.
[1:59:48] Nothing out of the ordinary. However, in
[1:59:50] speaking with the deputy that made stop,
[1:59:53] these guys are young guys.
[1:59:57] They had no concern, respect, or any
[2:00:04] what am I trying to say here?
[2:00:08] Reaction
[2:00:10] to Hodong Kendall County Sheriff's
[2:00:13] Office. These guys were professional
[2:00:16] crooks.
[2:00:19] There's just no walk in the park for
[2:00:21] these guys. No big deal. They go to
[2:00:24] jail. Good job, guys.
[2:00:27] We get an email the next morning from
[2:00:30] Flugerville.
[2:00:32] Hey, I see that um
[2:00:36] this vehicle with this license plate was
[2:00:38] on the back of a wrecker that went by an
[2:00:41] LPR.
[2:00:43] And we're interested in this vehicle
[2:00:45] because it has been involved in numerous
[2:00:47] crimes in the Austin, Flugerville,
[2:00:50] Georgetown area.
[2:00:56] Now,
[2:00:58] did these three guys commit crimes? I
[2:01:00] don't know. That's where the police work
[2:01:02] comes in.
[2:01:04] But Flugerville didn't have any idea.
[2:01:06] And guess what? Flugerville was working
[2:01:09] a catalytic converter theft.
[2:01:15] These guys are bad. They're out of
[2:01:18] Houston.
[2:01:19] They're in our backyard.
[2:01:22] We did a routine stop on him, put him in
[2:01:24] jail.
[2:01:25] The point to that is there's no telling
[2:01:28] what that investigator can do with that
[2:01:30] information from that date and time in
[2:01:32] that camera.
[2:01:41] This weekend,
[2:01:44] one of my deputies goes to the
[2:01:47] I think he went to the board. He looked
[2:01:49] up some of the most wanted people
[2:01:51] locally.
[2:01:54] He uses flock system. He gets an alert.
[2:02:01] Saturday morning, I believe it was. I
[2:02:02] may be wrong on that. There's been
[2:02:04] several.
[2:02:08] They arrest this guy for a felony
[2:02:11] warrant. That felony warrant was for an
[2:02:14] assault on one of your peace officers
[2:02:17] with Bernie PD right here in your
[2:02:18] backyard.
[2:02:22] Could we eventually catch that guy? The
[2:02:24] answer is yes. But how long eventually?
[2:02:29] I don't know.
[2:02:32] But the same that he put him in the
[2:02:34] flat camera is the day that he was
[2:02:36] arrested.
[2:02:38] Timely
[2:02:40] got him off the street.
[2:02:42] He's a bad dude
[2:02:45] and he's here in the backyard.
[2:02:47] And finally, this past weekend, we
[2:02:50] recovered another stolen vehicle.
[2:02:52] Elderly woman, believe it or not, stole
[2:02:53] a vehicle and she's in our gym.
[2:02:58] Vehicle recovered. Happy vehicle owner.
[2:03:04] I don't know how long she had that
[2:03:05] vehicle, but she hadn't had it very
[2:03:06] long.
[2:03:11] Those are some local stories. So, it's
[2:03:13] not only just property crime. This
[2:03:15] includes crime against people,
[2:03:18] your neighbors, your friends, your
[2:03:20] co-workers. Here,
[2:03:27] let's get into some good stuff.
[2:03:30] Let's talk about what everybody's
[2:03:31] concerned about. Next slide, please.
[2:03:35] Your Fourth Amendment rights.
[2:03:38] Let's talk about that. Let's have an
[2:03:40] open, honest conversation about your
[2:03:43] Fourth Amendment rights.
[2:03:50] What does the Fourth Amendment say about
[2:03:53] ALPRs? Next slide, please.
[2:03:57] As already stated by the DA and many of
[2:04:00] you here, the Fourth Amendment protects
[2:04:02] against unreasonable searches and
[2:04:05] seizures.
[2:04:10] If you've ever studied the Constitution
[2:04:12] and know where some of this stuff comes
[2:04:13] from, I would recommend that you look
[2:04:16] into a thing called the genealogy of the
[2:04:18] US Constitution. Why does that even
[2:04:20] exist? The founding fathers were
[2:04:22] brilliant people. I think the
[2:04:25] Constitution is one of the most
[2:04:26] magnificent pieces of literature ever
[2:04:29] written. And if you ask me, my opinion,
[2:04:31] this is Al Oxer speaking, I think it was
[2:04:34] divinely inspired as well. Maybe not
[2:04:36] inspired by by voices of God, but
[2:04:38] divinely inspired with the interjections
[2:04:40] of what God allowed these people to
[2:04:43] think, the historic application of
[2:04:45] everything that that document represents
[2:04:47] and has created the greatest country on
[2:04:49] this earth.
[2:04:55] The Fourth Amendment protects Americans
[2:04:57] against unreasonable searches and
[2:04:59] seizures. I support that protection
[2:05:02] without any hesitation or qualification.
[2:05:08] Supporting the Fourth Amendment also
[2:05:09] means accurately describing
[2:05:12] what courts have held, not claiming more
[2:05:16] than the cases actually decide. I had
[2:05:19] this conversation with council and and
[2:05:22] lawyers and our legal and
[2:05:28] they assured me that it is not a fourth
[2:05:29] amendment violation. I'm going to talk
[2:05:32] about that here in more detail.
[2:05:35] Slide. Next slide please.
[2:05:39] What the Supreme Court has not decided.
[2:05:45] The US Supreme Court has not yet decided
[2:05:48] a case specifically holding that
[2:05:50] ordinary fixed camera ALPR systems are
[2:05:54] universally constitutional
[2:05:58] nor are they unconstitutional.
[2:06:05] They are neither.
[2:06:07] And we're going to talk about why.
[2:06:15] This is a good starting point
[2:06:18] to talk about our rights and our civil
[2:06:21] liberties.
[2:06:37] If you take the premise of what so many
[2:06:40] believe that taking a photo
[2:06:44] of a governmentissued license plate on a
[2:06:47] governmentissued road is a violation of
[2:06:50] your Fourth Amendment right, then I'm
[2:06:53] here to tell you I am so guilty in my
[2:06:55] law enforcement career. I have violated
[2:06:57] so many people's Fourth Amendment rights
[2:06:59] that you can't even keep track of it.
[2:07:05] There's this thing called the rolly 28.
[2:07:09] What does that mean? Before computers in
[2:07:12] the day where you had to rely on
[2:07:13] dispatch,
[2:07:15] you might have a vehicle that goes by or
[2:07:17] see it in a parking lot or whatever the
[2:07:18] circumstances are. I don't know, you
[2:07:20] name it. The rolling 28 means you're
[2:07:22] moving.
[2:07:24] So, you're on the interstate, which I
[2:07:25] patrolled a lot. I'm on the slow lane. A
[2:07:28] car goes by me in the fast lane. I see a
[2:07:31] license plate. Do I have to have any
[2:07:34] reasonable suspicion or any probable
[2:07:36] cause to run that license plate?
[2:07:39] The answer is no. I've done it probably,
[2:07:43] I don't know, thousands and thousands of
[2:07:45] times.
[2:07:50] Based on the premise, if you think that is a violation, then every police
[2:07:54] officer in the country has violated
[2:07:55] everybody's rights.
[2:08:03] Sometimes that rolling 28 now you don't
[2:08:06] you do rolling 28s today but it's not
[2:08:08] via dispatch. You don't have to call it
[2:08:10] anymore because we got the technology.
[2:08:12] We have computers right there. We just
[2:08:14] type in the license plate and that
[2:08:15] information comes back to us. In the
[2:08:18] state of Texas, all you get back is the
[2:08:20] vehicle registration information, the
[2:08:22] owner. And today most of the time you
[2:08:25] get back whether they have insurance or
[2:08:26] not. But the idea is is registration
[2:08:30] current.
[2:08:35] A lot of people forget and it's not
[2:08:40] well it's forgotten because we take it
[2:08:42] for granted.
[2:08:44] Operating a motor vehicle on a public
[2:08:47] roadway in the state of Texas is not a
[2:08:50] right.
[2:08:53] It never has been. It is a privilege.
[2:09:00] You can't just
[2:09:02] find a vehicle, get in a car, and drive.
[2:09:06] You better have a driver's license. That
[2:09:09] vehicle better be registered. All the
[2:09:11] equipment on that vehicle better be in
[2:09:13] working order. You better have
[2:09:14] insurance.
[2:09:48] Next slide, please.
[2:09:58] legal told me to be careful about this.
[2:09:59] I'm not an attorney. I'm not a legal
[2:10:01] scholar, but I can read
[2:10:06] and I can express to you what I've read
[2:10:09] in writing.
[2:10:14] One of the things
[2:10:20] about the Fourth Amendment and about
[2:10:23] ALPRs.
[2:10:30] The developing case laws, the things
[2:10:32] people like to site, you hear it a lot.
[2:10:35] So much of this stuff on social media is
[2:10:36] just
[2:10:38] I mean, we even heard some of it here
[2:10:39] today. A lot of it here today that's
[2:10:41] being regurgitated from what's being
[2:10:43] said on social media.
[2:10:45] A lot of it is concerning concerning for
[2:10:48] me as well.
[2:10:53] But the developing case laws generally
[2:10:55] distinguishes limited discrete public
[2:10:58] road vehicles vehicle observations from
[2:11:02] comprehensive location histories that
[2:11:05] reveal the whole of a person's movement.
[2:11:08] What does that mean?
[2:11:12] Surveillance is watching you throughout
[2:11:15] whatever duration of time from start to
[2:11:18] finish. I know every single move you've
[2:11:20] made.
[2:11:25] The cases are fact dependent. Camera
[2:11:28] density. How many cameras
[2:11:31] retention? The time the information and
[2:11:33] data is kept.
[2:11:36] The duration, the network reach
[2:11:39] aggregation, all the components put
[2:11:41] together and how the search was used can
[2:11:44] matter.
[2:11:55] Multiple federal and state courts have
[2:11:59] rejected
[2:12:02] the Fourth Amendment challenges to
[2:12:05] particular limited ALPR uses
[2:12:11] while warning
[2:12:16] that a more pervasive system could
[2:12:20] present different constitutional
[2:12:22] questions. Glock says they've been
[2:12:24] challenged 40 times in court over fourth
[2:12:28] amendment violations or rights. I found
[2:12:32] that there are about 30. I don't know.
[2:12:35] Let's talk. Next slide.
[2:12:38] United States vers Yang.
[2:12:42] The Ninth Circuit Court. This is a 2020
[2:12:46] case affirmed denial of suppression of
[2:12:50] evidence,
[2:12:55] but the majority expressly did not
[2:12:58] decide the broader Fourth Amendment
[2:13:01] question about warrantless ALPR database
[2:13:04] use. It concluded Yang lacked a
[2:13:09] reasonable expectation of privacy in the
[2:13:13] overdue rental vehicles historical
[2:13:15] location data under the facts of that
[2:13:18] case.
[2:13:20] I don't know the details. Apparently, he
[2:13:23] owed or needed to return a rental
[2:13:25] vehicle and had looked for him through
[2:13:26] flock systems and whatever whatever the
[2:13:29] charges were and I don't have details so
[2:13:31] I can't really speculate. The important
[2:13:34] thing is the evidence was not
[2:13:36] suppressed.
[2:13:46] The judge, Judge B, concurring
[2:13:49] separately,
[2:13:51] would have reached the merits, reasoning
[2:13:54] that the database search did not reveal
[2:13:57] the whole of Yang's physical movements.
[2:14:02] So you really need to define what
[2:14:04] surveillance is.
[2:14:08] United States versus Jackson. This is a
[2:14:11] 2025 case
[2:14:14] out of Kansas.
[2:14:16] After an evidentiary hearing with five
[2:14:19] witnesses regarding the flock system,
[2:14:21] the federal district court denied
[2:14:24] suppression.
[2:14:26] That data was allowed to be used in
[2:14:28] court.
[2:14:34] Jackson found that the specific use the
[2:14:37] nine points on a target vehicle during 1
[2:14:41] day 4hour search period with a 30-day
[2:14:44] retention
[2:14:47] was far less intrusive than the
[2:14:49] Carpenter Jones cases
[2:14:51] style of pervasive tracking. The court
[2:14:54] expressly warned that aggregation and
[2:14:57] searchability
[2:14:59] could reach a constitutional threshold
[2:15:02] in the future.
[2:15:07] » Next slide, please.
[2:15:10] >> And sheriff, we have 30 30 more items
[2:15:13] after to get through today. I want to be
[2:15:15] respectful of your time. Can you kind of move on to some other
[2:15:19] key points you want to raise other than
[2:15:21] case law so we can kind of make sure we
[2:15:23] get the vote while all these citizens
[2:15:25] are here on this. I'm sure they're
[2:15:27] anxious to hear what the court members
[2:15:29] have to say, but I'm trying to balance
[2:15:31] this out to try to be fair to everybody
[2:15:32] and I don't want to be disrespectful and
[2:15:34] cut you off, but I'm trying to be make
[2:15:36] sure we get the whole agenda done today.
[2:15:38] So, if you can kind of start hitting
[2:15:40] your high points, that would be
[2:15:41] appreciated.
[2:15:46] They're all high points, judge. These
[2:15:47] are all points that everybody has been
[2:15:49] brought up. The fourth amendment is a
[2:15:50] big one.
[2:15:52] >> I think we kind of I think we got kind
[2:15:54] of a nutshell on fourth amendment.
[2:15:55] >> I respect your request and I'll I'll try
[2:15:56] to limit this and cut it down as much as
[2:15:58] I can.
[2:15:59] >> Thank you, sir.
[2:15:59] >> Okay.
[2:16:02] » I just think this needs to be aired out
[2:16:05] honestly and openly with all the
[2:16:08] information, not parts of the
[2:16:10] information. But
[2:16:10] >> from a legal perspective, I think the
[2:16:12] Fourth Amendment's
[2:16:14] been clear vetted pretty good on from my
[2:16:16] perspective here for the citizens and I
[2:16:18] see headshake in that fourth amendment.
[2:16:21] They feel good about it.
[2:16:25] So to sum it up, the constitutionally
[2:16:27] depends on the actual use of the system,
[2:16:30] how it is used, how it is set up, all
[2:16:32] the components of it.
[2:16:36] Uh
[2:16:38] next slide.
[2:16:44] Where you going now?
[2:16:51] Okay.
[2:16:53] These are cases that are brought up
[2:16:55] because of very recent cases. I'm just
[2:16:57] going to tell you these are based on
[2:16:58] cell phone information, not LPR data. So
[2:17:01] when somebody tries to encompass things
[2:17:04] like the geo fencing issues and the
[2:17:06] things about how data is retrieved
[2:17:08] through the LPR system versus how it is
[2:17:10] accumulated and what cell phone data
[2:17:13] gives you, it's two totally different
[2:17:15] things. That's what these cases are
[2:17:17] about. People are going to try to wrap
[2:17:18] these cases up into the since they're so
[2:17:20] recent, they're going to wrap it up and
[2:17:22] say now OPR is going to be f found to be
[2:17:25] in violation of the Fourth Amendment.
[2:17:27] And that's not going to be the case. I'm
[2:17:29] not saying it's not ever going to, don't
[2:17:31] get me wrong. I'm saying based on these
[2:17:33] cases, it's not. Maybe there will be a
[2:17:35] case in the near future. I don't know.
[2:17:39] The fact of the matter is, uh, next
[2:17:42] slide.
[2:17:50] The difference between the two.
[2:17:54] A cell phone can accurately
[2:17:58] A cell phone can accompany a person into
[2:18:01] home, church, doctor's office,
[2:18:02] attorney's office, bedroom, and other
[2:18:04] private locations. Cell phone location
[2:18:07] data can reveal intimate patterns about
[2:18:09] a person about the person carrying it. A
[2:18:12] fixed LPR observation is materially
[2:18:15] different.
[2:18:17] It states something like at 2:17 p.m.
[2:18:21] this publicly displayed plate and this
[2:18:23] vehicle pass this camera at this public
[2:18:27] roadway. That's all it does.
[2:18:33] Different does not mean constitutional
[2:18:35] irrelevance.
[2:18:37] It means the factual record is different
[2:18:39] and the courts analyze the scope and
[2:18:43] comprehensiveness of the information
[2:18:45] actually obtained. Next slide.
[2:18:53] So what's relevant and what's important?
[2:18:56] Scale matters.
[2:18:58] Retention matters. Aggregation matters.
[2:19:05] Next slide. Responsible
[2:19:10] law enforcement should acknowledge that
[2:19:13] possibly rather than uh possibly rather
[2:19:18] uh they claim that constitutional law is
[2:19:20] frozen in time, things could change.
[2:19:26] » Next slide. Uh Texas tracking. Let's
[2:19:28] talk a little bit about that. That's
[2:19:29] important to Texas.
[2:19:32] the tracking in Texas. A fixed LPR is
[2:19:35] not a tracker.
[2:19:37] People think that we're going to be able
[2:19:39] to follow you around with these LPRs. We
[2:19:41] cannot. It's a still shot of a location
[2:19:44] in time of the vehicle passing that uh
[2:19:48] field of view.
[2:19:51] Next slide.
[2:19:54] Again, that's all this thing does.
[2:20:07] qualification. Uh the qualifying remains
[2:20:10] the qualification remains that the
[2:20:12] constitutional analysis can change
[2:20:14] technology
[2:20:16] scale retention and use changes. Next
[2:20:18] slide.
[2:20:21] Data sharing contract.
[2:20:24] Does Flock sell customer ALPR? I've
[2:20:27] heard it said here that they do. I don't
[2:20:30] know if they have any proof to say that
[2:20:32] they do, but nobody yet, no journalist
[2:20:34] anywhere in the country has found
[2:20:36] anywhere that fly camera law enforcement
[2:20:39] data has been sold to anybody. If you
[2:20:42] have proof of that, please show me. I
[2:20:44] would like to see it. If you know
[2:20:46] somebody that that's happened to, please
[2:20:47] let me know. Now, if you get it off the
[2:20:50] internet, I would be very careful about
[2:20:52] what you find on the internet.
[2:21:00] block currently their policy states that
[2:21:02] their that customer LPR data is owned by
[2:21:05] the customer. We are the customer and
[2:21:07] that Flock will not sell, publish,
[2:21:11] exchange or disclose customer LPR data
[2:21:14] for commercial purposes.
[2:21:16] That's contractual.
[2:21:20] How many contracts do you sign in faith
[2:21:22] believing that the other person is going
[2:21:24] to do what they do?
[2:21:30] Next slide.
[2:21:33] While we're here talking about selling,
[2:21:35] another big thing is about hacking. A
[2:21:37] 12-year-old can hack into these things.
[2:21:41] And you're right,
[2:21:45] not the not the ALPRs.
[2:21:51] But the video cameras that they supply
[2:21:54] have been hacked. So have others.
[2:21:57] You've seen it on YouTube. The guy gets
[2:21:59] on say, "See how easy it is to hack this
[2:22:00] camera up there? That flop camera. I get
[2:22:02] on my tablet here. I get on my phone. I
[2:22:05] put in whatever information he does. I'm
[2:22:07] not a tech person. I don't know." And he
[2:22:08] watches himself cross the intersection.
[2:22:11] Yes, he has compromised that system.
[2:22:19] But the ALPR system has not been hacked.
[2:22:22] It has not been compromised. How do I
[2:22:24] know that?
[2:22:28] Because it's integrated with the state
[2:22:29] system. TCIC, NCIC, that's where all
[2:22:33] stolen vehicles are entered for national
[2:22:35] data and Texas data. Stolen vehicles,
[2:22:38] missing persons, the the Amber Alerts,
[2:22:40] all that stuff is in that system.
[2:22:44] If the flock system is hacked through
[2:22:46] the ALPR system, that whole system goes
[2:22:47] down.
[2:22:50] It has never been compromised.
[2:22:54] If you know that it has, I don't know
[2:22:55] how you know that, but it has not been
[2:22:57] compromised.
[2:23:02] Even in that system, it is not a perfect
[2:23:05] world.
[2:23:08] I can tell you I have put people in jail
[2:23:10] that probably didn't deserve to go to
[2:23:13] jail.
[2:23:15] because it was misidentifiers.
[2:23:18] People make mistakes. There are houses
[2:23:22] that have been broken in not broken into
[2:23:24] but uh law enforcement has breached uh
[2:23:27] front doors at the wrong address.
[2:23:32] We are all human here.
[2:23:34] We make mistakes.
[2:23:41] But I can tell you the system has not
[2:23:43] been hacked. The video cameras, yes,
[2:23:47] but they're not part of the ALPR
[2:23:50] system. That technology is out there.
[2:23:53] I'm telling you guys, yes, I'm scared of
[2:23:54] AI. I'm scared of where this country is
[2:23:57] going and the possibilities of bad
[2:23:59] people getting good technology.
[2:24:04] The system has not been hacked. Nobody
[2:24:06] has been able to prove so.
[2:24:11] Next slide.
[2:24:14] It's absolutely important that we are
[2:24:16] able to share this information with our
[2:24:18] neighbors. We are going to be given
[2:24:21] control. And I'm going to get out out of out of sequence here um
[2:24:26] to try to um move these things on, but
[2:24:29] there are a lot of relevant points here.
[2:24:38] A written policy. Next slide please.
[2:24:42] But a written policy is not enough of
[2:24:44] actual platforms and setting uh settings
[2:24:47] different from it. The public the public
[2:24:50] confidence should rest on policy that is
[2:24:53] established. Um actual sharing
[2:24:56] configuration and auditing logs.
[2:24:59] Our public page says says access is
[2:25:02] restricted, excuse me, is restricted to
[2:25:04] automated personnel for legitimate law
[2:25:06] enforcement purposes and all searches
[2:25:09] are logged and subject to audit. Our
[2:25:12] policy is not finite yet. The reason
[2:25:14] it's not finite and it will be finite is
[2:25:17] because Flock also just came out with
[2:25:19] some new safeguards that we haven't been
[2:25:21] able to implement. One of the problems
[2:25:23] with the system that we have here, one
[2:25:24] of the reasons you got your discount
[2:25:26] today is because Flock was not able to
[2:25:30] put in all the cameras as as as the
[2:25:33] contract stated. So, they gave us a
[2:25:34] little discount.
[2:25:36] One of the concerns about the
[2:25:37] surveillance thing
[2:25:40] is about where bad people go.
[2:25:45] How do they come into this county? And
[2:25:47] when they're here, where do they go? We
[2:25:49] have strategically located the camera
[2:25:51] system to some uh identification. You
[2:25:54] can't go anywhere in this county without
[2:25:55] being flocked.
[2:25:59] There's a reason why the cameras are in
[2:26:00] those certain locations. 662 square
[2:26:03] miles of Kendall County. 54
[2:26:08] ALPRs. We've got
[2:26:11] >> 57. Well, two of those are are are not
[2:26:15] ALPRs. Uh they're on this courthouse.
[2:26:20] Um
[2:26:22] where was I going with that? The the the
[2:26:24] 662 square miles and 54
[2:26:28] ALPRs.
[2:26:30] Are you going to tell me that I can tell
[2:26:32] you every single move you made with 54
[2:26:34] cameras and 662 square miles?
[2:26:36] Impossible.
[2:26:38] I will know if you go through this
[2:26:39] camera and I will know if you go through
[2:26:41] this camera.
[2:26:43] And I will never know that you go
[2:26:44] through those cameras if I have no
[2:26:46] reason to find out your vehicle was
[2:26:48] involved in anything or look for your
[2:26:50] vehicle. I will never know that. I don't
[2:26:53] care where you go. I don't care. Why
[2:26:57] would I care if you go to Walmart?
[2:27:02] Your doctor,
[2:27:04] that's not a concern for me. I'm not
[2:27:06] looking for that information. You are
[2:27:09] good people. I hope you think that I'm a
[2:27:11] good sheriff.
[2:27:13] I'm looking for those people, the small
[2:27:15] percentage of all those people that are
[2:27:18] on that system that have done bad deeds
[2:27:22] in this community. Those are the people
[2:27:24] I'm after. I'm not after you. I don't
[2:27:27] care where you go, where you've been.
[2:27:33] Next slide, please.
[2:27:37] Misuse and error been brought it many
[2:27:39] times. Let me just sum this up real
[2:27:41] quick.
[2:27:45] We're human
[2:27:47] and we're going to screw up. I tell my
[2:27:50] people this. I expect you to screw up.
[2:27:57] You're going to have to make some
[2:27:57] serious decisions and they're not always
[2:27:59] going to be the right decision.
[2:28:02] You're going to screw up and you're
[2:28:04] going to face the consequences of that
[2:28:06] action or that decision. The difference
[2:28:08] is if that screw up is done with malice,
[2:28:11] that changes everything.
[2:28:14] If it's an honest mistake, it's an
[2:28:15] honest mistake. Let's learn from it.
[2:28:17] Let's grow from it. Let's move on. If
[2:28:19] you do something intentional, we got a
[2:28:22] problem. That's the way this system
[2:28:24] should be handled. It's going to be
[2:28:26] misused. You want to bring out all the
[2:28:28] bad people abroad. Police chiefs, yes.
[2:28:30] Sheriffs, yes.
[2:28:38] There have to be consequences. There
[2:28:40] have to be policies in place. There have
[2:28:42] to be rules and regulations of how the
[2:28:44] system is used
[2:28:47] to keep those things from being misused.
[2:28:50] I remember seeing months ago, long
[2:28:52] before this rose to the level that is
[2:28:55] risen to. You heard the example this
[2:28:57] morning, the Denver lady. The Denver
[2:29:00] lady falsely accused of stealing a
[2:29:01] package.
[2:29:10] I saw that interview on the body cam or
[2:29:12] her ring cam.
[2:29:15] That was bad police work, people. I'm
[2:29:17] sorry. That was bad police work.
[2:29:22] Long before this this came to the level
[2:29:24] that it is today with all the concerns
[2:29:27] about the misuses and things. Bear
[2:29:29] County deputy uses a flock system and he catches a guy catches a guy. He profiles a guy, I suppose, and uh
[2:29:38] stops him on the side of the road and
[2:29:40] yeah, this guy's in the oil and gas
[2:29:43] business.
[2:29:44] Got a child seat in his car in his
[2:29:46] truck. goes back and forth to South
[2:29:49] Texas regularly, several times a week.
[2:29:54] What's in South Texas?
[2:29:58] » Yeah, oil and gas. What else is in South
[2:30:00] Texas? Drugs and money. Bad things. So,
[2:30:04] this guy does an interview and takes his
[2:30:07] guy and empties his truck out on the
[2:30:08] side of the road. I listened to that
[2:30:10] interview. That was bad policing.
[2:30:15] We have them. We're just like you and
[2:30:18] we're not perfect.
[2:30:20] We put on our pants and our shoes and
[2:30:22] our shirts, get up in the morning, we
[2:30:24] deal with everything that you deal with
[2:30:25] on a daily basis. We're only human. So,
[2:30:29] yes, there is misuse and errors can
[2:30:31] happen. I put people in jail to for for not paying a speeding ticket. I
[2:30:37] can't tell you how many times I did
[2:30:38] this.
[2:30:41] Oh, I thought my attorney took care of
[2:30:43] that.
[2:30:45] Maybe you need to do your own homework
[2:30:47] and make sure your attorney did take
[2:30:48] care of that.
[2:30:51] Mistakes do happen. Let's talk about
[2:30:54] police and and since it's so emphasized
[2:30:56] right now about about cops, I'm going to
[2:30:58] defend law enforcement for just a little
[2:31:00] bit here because it's relevant and it's
[2:31:02] important.
[2:31:06] We trust so many people with so many
[2:31:08] things in our daily lives.
[2:31:11] We trust teachers to teach our kids. We
[2:31:14] trust the doctors to treat us to the
[2:31:16] best of their ability and give us their
[2:31:17] best give us the best prognosis and
[2:31:20] treatment.
[2:31:22] We trust law enforcement to go out and
[2:31:25] do the right things.
[2:31:27] We trust clergy.
[2:31:33] How many stories, negative stories have
[2:31:35] you heard about all of these professions
[2:31:37] of people that we put trust in? Let me
[2:31:40] tell you, here in Kendall County,
[2:31:42] if you don't know, we've had attorneys,
[2:31:47] lawyers,
[2:31:48] doctors, and yes, teachers in this jail.
[2:31:53] And yes, police officers in this jail.
[2:31:59] People need to suffer the consequences
[2:32:01] when they misuse and abuse the authority
[2:32:04] that's been given them.
[2:32:13] Next slide, please.
[2:32:20] We can talk about all the different
[2:32:21] audits that have been done throughout
[2:32:22] the country. The bad is people misuse
[2:32:24] it. The good is the auditing systems are
[2:32:27] catching these people. Now,
[2:32:30] this you can find all the stories on the
[2:32:32] internet about that. Savannah, Georgia
[2:32:34] is one example. Um, next slide, please.
[2:32:40] Next slide.
[2:32:43] So misconduct understand is not a
[2:32:45] technology problem. It is a human
[2:32:48] problem.
[2:32:51] Next slide.
[2:32:53] The Denver case mentioned earlier about
[2:32:55] the package. That is bad policing.
[2:32:57] That's human error. Bad training on that
[2:33:00] guy.
[2:33:03] Next slide please.
[2:33:06] Part of the whole system needs to be
[2:33:07] verification.
[2:33:11] Has to be part of the policy. What is
[2:33:12] verification? Verification is you get a
[2:33:14] hit,
[2:33:16] you don't act on a flock hit because it
[2:33:19] could be wrong.
[2:33:22] Had one of my guys, and I don't know if
[2:33:24] you're doing it, one of my guys last
[2:33:25] night told me that he put his license
[2:33:27] plate in this have you been flocked
[2:33:30] website thing, which I be careful if you
[2:33:32] do that. I don't know you can trust it.
[2:33:34] People can come up with all kinds of
[2:33:35] things, but he is wanted in Florida. His
[2:33:38] license plate is he's afraid to go to to
[2:33:40] Florida because he that license plate's
[2:33:42] going to come up when it goes through a
[2:33:43] flock and he's going to get stopped.
[2:33:46] Well, you know what?
[2:33:48] There's a lot that goes into just
[2:33:51] stopping somebody based on a flock hit.
[2:33:57] There's a lot more that needs to go into
[2:33:59] that. Good policing takes it steps
[2:34:01] further and deeper.
[2:34:03] to find out the reality. Verify
[2:34:05] everything that you know without even
[2:34:07] talking to the person or stopping them.
[2:34:09] You verify everything first through
[2:34:11] dispatch or your computer. Is it that
[2:34:13] vehicle? Is that the vehicle that
[2:34:15] matches that that hit?
[2:34:18] Is it the right state? All these things.
[2:34:21] That's good police work.
[2:34:27] Next slide, please.
[2:34:39] Next slide.
[2:34:44] » What slide number you on?
[2:34:47] >> I'm sorry.
[2:34:48] >> 51.
[2:34:51] >> Okay, thank you. Let's take it down to
[2:34:53] 52.
[2:34:56] Let's talk about Texas. What's going on
[2:34:57] here?
[2:35:04] Texas DPS Department of Public Safety
[2:35:08] has installed ALPRs on state highway,
[2:35:10] state rideways, and describes their uses
[2:35:13] involving suspects, missing people,
[2:35:15] stolen property, suspicious vehicles,
[2:35:17] and investigative timelines.
[2:35:20] The Texas Tribune reported on August 3rd
[2:35:23] of this month described that DPS flock
[2:35:26] contract
[2:35:29] of up to approximately $26 million
[2:35:36] and statewide data sharing agreement
[2:35:37] with 206 county and local law
[2:35:40] enforcement agencies.
[2:35:43] DPS has made an investment in this
[2:35:45] system.
[2:35:47] Now, are they the golden child? Are they
[2:35:50] the be all end all? No.
[2:35:55] But if they lead by example, it might be
[2:35:58] that what they are doing might be the
[2:35:59] right thing and it might be the right
[2:36:01] tool.
[2:36:07] Point is this is not going away.
[2:36:13] It's not going away.
[2:36:18] So
[2:36:20] let's harness it and use it the way it
[2:36:23] should be used.
[2:36:27] allow us to have that tool.
[2:36:36] The system should not be abused.
[2:36:37] Policies and procedures need to be in
[2:36:39] place.
[2:36:44] Users held accountable.
[2:36:47] Limited access. All these things need to
[2:36:49] be in place. Not anybody and everybody
[2:36:51] has access to it.
[2:36:53] All those things need to be determined.
[2:36:55] It needs to be transparent to you.
[2:37:02] I'm not hiding anything from you.
[2:37:04] I may not be able to give you specifics
[2:37:06] about certain cases,
[2:37:09] but I work for you.
[2:37:16] We have to have teeth and safeguards
[2:37:18] have to be consequences.
[2:37:21] Slide
[2:37:24] 60. As I as I mentioned earlier, if you
[2:37:25] want to go to slide 60, please.
[2:37:28] Um, and we're almost through,
[2:37:31] but I have a I have a good thing here.
[2:37:35] Flock has announced some safeguards.
[2:37:37] They just came out within the last
[2:37:38] couple of weeks. We haven't had a chance
[2:37:40] to to really implicate all that stuff or
[2:37:42] implement all that stuff, excuse me. Um,
[2:37:48] but our policy is going to be updated
[2:37:50] and I can I can I can uh guarantee you
[2:37:53] that it will be open for you to see our
[2:37:54] policy if you want to and it will be
[2:37:57] restricted
[2:37:59] on how the system is used.
[2:38:12] Slide 61, please. Here
[2:38:16] we go.
[2:38:23] This is all over the internet.
[2:38:26] One of our founding fathers
[2:38:32] that helped put together that document
[2:38:35] we call the Constitution of the United
[2:38:36] States.
[2:38:39] Next slide, please.
[2:38:52] It's famous warning.
[2:38:55] Benjamin Franklin's warning is
[2:38:57] frequently quoted in discussions about
[2:39:00] flock cameras.
[2:39:02] Those
[2:39:05] who would give up essential liberty
[2:39:08] to purchase a little temporary safety
[2:39:12] deserve neither liberty or safety.
[2:39:16] Powerful.
[2:39:20] Let's put it in context.
[2:39:23] When did he write that? Why did he write
[2:39:25] it?
[2:39:29] Next slide.
[2:39:33] It's a powerful statement, but its
[2:39:35] historical context matters. Franklin was
[2:39:38] not writing about surveillance or
[2:39:39] warning that every public safety measure
[2:39:42] represents a surrender of freedom.
[2:39:47] The quotation appeared in 1755 as
[2:39:50] mentioned earlier accurately
[2:39:55] response from Pennsylvania's elected
[2:39:58] assembly of which Ben Franklin was a
[2:40:00] member.
[2:40:02] During the French and Indian War,
[2:40:04] frontier communities were being attacked
[2:40:07] and the assembly needed money for
[2:40:08] defense.
[2:40:12] It proposed a property tax that would
[2:40:15] apply throughout the colony, including
[2:40:18] to the enormous estates owned by the
[2:40:21] Penn family, who didn't even live there.
[2:40:23] They were in England.
[2:40:26] The Penn family controlled the colony's
[2:40:28] governor
[2:40:30] and instructed him to not approve any
[2:40:32] bill that taxed their property.
[2:40:36] The governor therefore rejected the
[2:40:38] assembly's defense bills unless the pen
[2:40:41] estates were exempted.
[2:40:44] The elected representatives were being
[2:40:46] pressured to surrender part of their
[2:40:49] governing authority in order to obtain
[2:40:52] immediate defense funding.
[2:40:58] That governing authority was the
[2:41:00] essential liberty
[2:41:02] Franklin was defending. The little
[2:41:04] temporary safety was the immediate
[2:41:06] protection the colony could obtain by
[2:41:08] allowing a wealthy and politically
[2:41:10] powerful family to escape the same tax
[2:41:13] everyone else would pay.
[2:41:16] The Penn family. Next slide, please.
[2:41:20] The Penn family's
[2:41:22] 5,000B
[2:41:24] contribution came shortly afterward.
[2:41:26] Franklin's statement was issued on
[2:41:28] November 11th, 1755, and the
[2:41:31] contribution was announced on November
[2:41:33] 24th. The eventual law exempted the Penn
[2:41:37] estates from taxation and consideration
[2:41:39] of that contribution.
[2:41:42] In practical terms, depends if paid once
[2:41:45] while preserving their claim that the
[2:41:47] elected assembly could not tax them in
[2:41:49] the future.
[2:41:52] Next slide. How does this apply to flot
[2:41:55] cameras?
[2:41:58] It does not automatically settle the
[2:42:00] argument for either side.
[2:42:03] Franklin's principle requires us to
[2:42:05] identify the essential liberty allegedly
[2:42:08] being surrendered, explain how it's
[2:42:10] being surrendered, and determine whether
[2:42:12] the public is permanently losing control
[2:42:15] over its government.
[2:42:18] Next slide.
[2:42:21] Legitimate questions about flock should
[2:42:23] be answered clearly.
[2:42:26] Who may use the system? What constitutes
[2:42:29] a lawful enforcement purpose? How long
[2:42:32] is the information retained? How is
[2:42:35] information shared? Are searches
[2:42:38] recorded and audited?
[2:42:41] What happens when someone misuses the
[2:42:43] system?
[2:42:46] There are serious questions and they
[2:42:48] deserve factual answers.
[2:42:51] An unlimited
[2:42:53] secret or unaccountable surveillance
[2:42:56] system could threaten liberty.
[2:42:59] It would threaten liberty.
[2:43:02] But a system approved by elected
[2:43:04] officials, governed by written policy,
[2:43:07] restricted to legitimate law enforcement
[2:43:09] purposes, supplied by recorded searches
[2:43:13] and regular audits, and subject to
[2:43:15] discipline and public oversight is a
[2:43:17] very different matter.
[2:43:21] Franklin opposed the surrender of
[2:43:23] representative government.
[2:43:27] two powerful unaccountable interests,
[2:43:32] the Penn family.
[2:43:35] He did not declare that reading a
[2:43:38] governmentissued license plate displayed
[2:43:40] on a public roadway under under
[2:43:43] accountable rules is inherently tyranny.
[2:43:49] His quotation should remind us
[2:43:52] to govern carefully.
[2:43:56] It should not be used as a substitute
[2:43:58] for examining the actual technology, the
[2:44:01] actual policy, the actual safeguards and
[2:44:04] the actual constitutional questions.
[2:44:17] I know I've taken a lot of your time.
[2:44:23] It was apparent before me sitting here
[2:44:26] before you allowing me to explain the
[2:44:30] processes, the differences, the
[2:44:31] constitutionality.
[2:44:34] I would ask you to respectfully think
[2:44:37] about your decision.
[2:44:40] Let's go back to the beginning.
[2:44:43] Is it lawful?
[2:44:49] Does it serve a legitimate public
[2:44:52] safety?
[2:44:53] >> I'm having to put your slide one back up
[2:44:55] for you.
[2:44:57] >> No, it's slide three.
[2:44:58] >> Slide three. Sorry.
[2:44:59] >> I just need you just need to Thank you
[2:45:02] though for slide. The questions you need
[2:45:05] to answer.
[2:45:08] Is it lawful?
[2:45:16] Does it serve a legitimate public safety
[2:45:19] purpose?
[2:45:29] What does it collect?
[2:45:33] What safeguards govern it?
[2:45:38] And what happens when somebody abuses
[2:45:40] it?
[2:45:46] And to your comment earlier, judge, with
[2:45:48] all due respect, many communities are
[2:45:50] doing away with this.
[2:45:55] I'm going to tell you, I'm going to tell
[2:45:56] you I wanted to come here full of pride
[2:46:00] and not in any of this in you.
[2:46:05] because of the community that I get to
[2:46:07] serve,
[2:46:11] we can have honest
[2:46:13] dialogue.
[2:46:15] I wanted to come to you today so proud
[2:46:17] of this community to say
[2:46:21] that nobody has destroyed any of the
[2:46:24] cameras
[2:46:26] until the other day.
[2:46:32] Now, that's a crime.
[2:46:36] I was so proud of y'all,
[2:46:39] this community, to know that our
[2:46:41] neighbors in Bandere, they weren't up
[2:46:43] very long and they're dead laying down
[2:46:44] on the ground
[2:46:49] because they want to take it all into
[2:46:50] their own hands and do it their way.
[2:46:53] Let's do this the right way.
[2:46:59] Okay, this is that hearing that some
[2:47:02] people asked for earlier.
[2:47:04] I got to speak most of my mind. I missed
[2:47:07] out on some.
[2:47:09] These are all relative important facts,
[2:47:12] things that you need to know.
[2:47:15] This is nothing that my office are going
[2:47:16] to use against anybody. It's going to be
[2:47:19] a tool used to hopefully hopefully you
[2:47:22] will never need it to be used for you.
[2:47:28] In all respect to the gentleman that sat
[2:47:30] here earlier and said, "This is a safe
[2:47:33] town.
[2:47:35] It is
[2:47:38] when you compare it to other towns our
[2:47:40] size in rel relation to San Antonio.
[2:47:43] I've always been amazed that we don't
[2:47:45] have a higher crime rate and more
[2:47:47] serious crimes than we do in this
[2:47:48] county, in this community.
[2:47:51] A lot of it is because of you.
[2:47:56] But there was a day that I would go on
[2:47:58] vacation. I would leave my house
[2:48:00] unlocked. I would leave my car open and
[2:48:02] unlocked. You better not do that in this
[2:48:05] community anymore.
[2:48:09] It's changed
[2:48:11] and it's going to continue to change.
[2:48:15] All I'm asking is to be allowed to use
[2:48:17] this tool, not against you, not to watch
[2:48:20] every move that you make, to allow me to
[2:48:23] use it as a good, viable police tool to
[2:48:26] help expediate
[2:48:31] police work and investigations.
[2:48:36] We can talk all day about the bad, but
[2:48:38] we can also talk all day about the good.
[2:48:40] There are so many good stories
[2:48:42] throughout this country. We can talk
[2:48:44] data. We can talk statistics.
[2:48:49] I'm going to ask the court that you be
[2:48:51] open and think about this.
[2:48:54] I'll be honest with you. It seemed that
[2:48:56] you know you came here with some
[2:48:58] predetermined ideas about what you
[2:49:00] thought.
[2:49:03] I know you've been under a lot of
[2:49:04] pressure, a lot of phone calls, a lot of
[2:49:07] emails,
[2:49:13] but I would just ask that you approve
[2:49:14] this contract
[2:49:16] and allow us to continue. And here's
[2:49:18] what I will tell you.
[2:49:20] We told you this the first year. The
[2:49:23] first year was allow us to do this
[2:49:26] and give us a year's time to accumulate
[2:49:30] data
[2:49:31] to show you the value of what this might
[2:49:34] be worth. We haven't been given that
[2:49:36] opportunity to nobody's fault.
[2:49:39] We can't help text dot not giving us the
[2:49:42] permits.
[2:49:45] We strategically located 54 cameras
[2:49:48] throughout the county so that we would
[2:49:50] be able to cover any and all ingress and
[2:49:54] egress to the county.
[2:49:58] Anybody coming in that does a dirty
[2:50:00] deed,
[2:50:03] we know that where they came in and we
[2:50:06] might know where they go out.
[2:50:12] That's all I'm asking for. I'm not going
[2:50:13] to put any more cameras up. I don't I
[2:50:15] don't need any more cameras. As a matter
[2:50:17] of fact, if you give me this year, we
[2:50:19] may reduce the cameras next year based
[2:50:22] on some of those locations where maybe
[2:50:23] they they don't they don't um they
[2:50:26] haven't shown to be um useful.
[2:50:30] And I I would I would I would grant
[2:50:32] that. Um but I'm not asking to expand
[2:50:36] it. I'm telling you, this is not going
[2:50:37] to go away. If we don't if you don't
[2:50:39] give it to us, then we're going to be
[2:50:40] without it. Our neighbors are going to
[2:50:42] have it. It's not leaving. Well, I can't
[2:50:44] speak for them. I'm not going to say.
[2:50:47] But Bernett, Bandaraa,
[2:50:50] Guadalupe, are at least three counties
[2:50:53] that I know that have done away with the
[2:50:55] contract. Not because they didn't
[2:50:56] believe in it and it didn't work, but
[2:50:59] because people use shotguns and saws and
[2:51:03] vehicles to knock those things over.
[2:51:09] So I would ask the opportunity to be
[2:51:12] able to continue this this system at
[2:51:14] least for another year so that we can
[2:51:17] show if anybody complains about
[2:51:21] me watching you go to Walmart or
[2:51:24] whatever then you know if you can prove
[2:51:27] that then your every move but this is
[2:51:30] not a surveillance in in the typical
[2:51:32] terms of a surveillance system. It's a
[2:51:35] point by point by point. I don't know
[2:51:37] where you've been before
[2:51:40] or after any one of those points. And
[2:51:44] remember, according to the contract,
[2:51:47] that is our data.
[2:51:51] Why is it third party
[2:51:55] controlling or holding our data?
[2:52:00] Surprise.
[2:52:01] There are a lot of private entities that
[2:52:03] hold law enforcement data. It's not just
[2:52:06] flock.
[2:52:11] Same thing. Who has that data? Where
[2:52:12] does it go? As mentioned by many people,
[2:52:18] that right there.
[2:52:24] Whether you turn the location off or not
[2:52:26] doesn't matter. It can still be found as
[2:52:29] long as the phone's on. I've heard
[2:52:30] people say, "Well, I can leave it at
[2:52:32] home. I don't need to show hands, but I
[2:52:34] don't know how many people left their
[2:52:35] phone home today because they didn't
[2:52:36] anybody know you were here at the
[2:52:37] courthouse." That probably didn't
[2:52:38] happen. I can tell you personally,
[2:52:41] myself, for everybody, our culture, our
[2:52:43] lifestyle is this is a lifeline to
[2:52:45] everything. It's unfortunate, but it is.
[2:52:49] I've gotten near my office in the
[2:52:50] morning too, I shouldn't say too many
[2:52:52] times, but more times than I want to say
[2:52:54] that I had to turn around and go back
[2:52:55] and get this thing because I can't be
[2:52:57] without it.
[2:53:02] There's more information when you walk
[2:53:04] into any any place that that where
[2:53:06] that's technology exists. There's more
[2:53:08] people, more entities, more uh
[2:53:10] businesses that have information about
[2:53:11] you than I will have about you, your
[2:53:13] license plate, and the description of
[2:53:15] your vehicle.
[2:53:17] And I know the the problem is the
[2:53:19] government has it. I get that. After
[2:53:22] everything that we've been through with
[2:53:24] CO and everything else,
[2:53:26] I'm as pissed off as you are.
[2:53:30] about what's happened to this country.
[2:53:37] I would ask each and every one of you to
[2:53:38] really reconsider. Give me the
[2:53:40] opportunity. If I can't change your
[2:53:42] mind, I can't change your mind. We can
[2:53:43] still be friends. You can see I'm
[2:53:46] passionate about this because I think
[2:53:47] it's a very viable tool. If you take it
[2:53:49] away from us, we may never have it
[2:53:50] again.
[2:53:52] Okay.
[2:53:54] >> Another misconception just to clarify
[2:53:55] everything. It is not tax dollars that's
[2:53:58] paying for this.
[2:53:59] >> Announcement
[2:54:00] >> the grant is not tax dollars. You need
[2:54:03] to know that.
[2:54:05] >> Yes. The contribution from the county is
[2:54:07] tax dollars. The motor vehicle uh uh
[2:54:11] theft uh whatever it is.
[2:54:17] » Every time you pay for your auto
[2:54:21] insurance policy, it goes to this fund.
[2:54:27] Yes.
[2:54:29] >> Okay. It's a
[2:54:33] >> Okay.
[2:54:35] All right.
[2:54:37] >> Think so.
[2:54:38] >> So, thank you. I appreciate everything
[2:54:40] you've said. We're going to we're going
[2:54:43] to finish this item and take it to a
[2:54:44] vote. I know there's a couple
[2:54:45] commissioners left to speak and then
[2:54:47] we're going to take the vote. I
[2:54:48] appreciate everything you've done. I'm
[2:54:50] going to we've heard a lot today, so I'm
[2:54:52] going to read the agenda item one last
[2:54:54] time so everyone knows exactly what the
[2:54:56] issue is before us.
[2:54:59] Consider and possible action on an
[2:55:00] agreement with Flock Safety Group, Inc.
[2:55:03] to continue to participate in the flock
[2:55:05] safety platform and for necessary flock
[2:55:08] safety professional services and
[2:55:10] installation fees beginning October 1st,
[2:55:12] 2026 and ending on September 30th, 2027
[2:55:16] for a no cost for a cost note not to
[2:55:19] exceed $198,550
[2:55:22] of which 80% will be paid by a grant
[2:55:24] awarded through the Motor Vehicle Crime
[2:55:26] Prevention Authority subject to review
[2:55:28] and approval by general counsel and
[2:55:29] authorize the county judge to execute
[2:55:31] necessary documents.
[2:55:33] So I just want to propose this to my
[2:55:35] colleagues. I know
[2:55:39] I don't think we need to engage in a
[2:55:42] philosophical debate on surveillance
[2:55:44] technology and the constitution of ALPRs
[2:55:46] today. We're looking at ALPR techn.
[2:55:51] We're not looking at ALPR technology in
[2:55:53] general. The issue today is the
[2:55:55] credibility and trustworthiness of
[2:55:57] Flock. Flock is the vendor providing the
[2:56:00] service to us today. So that is the only
[2:56:03] issue to force. So if you believe in
[2:56:05] flock that's your first question you
[2:56:07] need to answer. So if you answer yes you
[2:56:08] want to continue at flock then your
[2:56:10] second question was you answer is you
[2:56:13] get into that constitutionality debate
[2:56:15] of whether ALPRs are good for this
[2:56:17] community. So I think the first question
[2:56:19] is do you want to continue with flock?
[2:56:21] That is the first and only question I
[2:56:23] believe that is before us on the agenda.
[2:56:25] So, if that simplifies your your thought
[2:56:28] process, I'm just throwing that out
[2:56:30] there. That's my opinion of what this
[2:56:32] agenda item is. So, I'm going to open it
[2:56:34] up to the last three commissioners to
[2:56:36] give their thoughts and then we're going
[2:56:37] to take this to a vote. So, Commissioner
[2:56:39] McCall, you're up.
[2:56:41] >> When I voted in favor of the MVCPA
[2:56:44] grant and flock contract, I did so
[2:56:46] because we were told the primary purpose
[2:56:48] was to enhance public safety. Protecting
[2:56:51] the people who live, work, and visit
[2:56:53] Kendall County is one of the most
[2:56:55] important responsibilities we have, and
[2:56:57] I remain committed to providing our law
[2:57:00] enforcement officers with tools that
[2:57:01] help keep our community safe. However,
[2:57:04] over the past year, and particularly
[2:57:07] over the last four months, additional
[2:57:09] information regarding Flock's
[2:57:10] operations, data access, data sharing
[2:57:14] practices has continued to emerge. As
[2:57:17] elected officials, we have a
[2:57:18] responsibility to ensure that any system
[2:57:21] implemented countywide adheres to clear
[2:57:24] standards for privacy, transparency,
[2:57:27] accountability, and local control. Based
[2:57:30] on the review of the current contract, I
[2:57:32] do not believe it provides sufficient
[2:57:34] assurance that data collected through
[2:57:36] the system will be adequately protected
[2:57:39] from access by outside entities. I
[2:57:43] continue to have concerns regarding who
[2:57:45] may obtain access to the information,
[2:57:48] what restrictions exist on the
[2:57:50] collection, sharing, and retention of
[2:57:52] that data, and whether the other
[2:57:55] entities have direct or indirect access
[2:57:57] to the information gathered within
[2:57:58] Kendall County. These questions are
[2:58:01] fundamental to maintaining public trust.
[2:58:04] While I support the efforts of enhanced
[2:58:06] public safety, I also believe we must
[2:58:08] ensure that appropriate safeguards are
[2:58:11] in place to protect the privacy and
[2:58:13] rights of those traveling through our
[2:58:15] county. At this time, I am not convinced
[2:58:18] that the necessary assurances and
[2:58:20] protections exist. For these reasons and
[2:58:22] others that have arisen during my course
[2:58:24] of the course of my review, I cannot
[2:58:27] continue supporting
[2:58:29] I'm sorry. I cannot continue I cannot
[2:58:32] support continuing the agreement with
[2:58:35] Flock. Also, if the county does not um
[2:58:40] continue this contract, what is the
[2:58:42] process for terminating the contract and
[2:58:44] what obligations would remain after the
[2:58:48] termination?
[2:58:50] And that's the general counsel question.
[2:58:53] >> Yes. Upon termination of the contract,
[2:58:56] it does require a 30-day notice period,
[2:58:58] and it would be up to Flock to determine
[2:59:01] how to best u address removal of the
[2:59:04] hardware from our rightway.
[2:59:07] It might take some time for them to be
[2:59:09] removed, but they would be
[2:59:11] nonoperational.
[2:59:12] Okay.
[2:59:13] >> All right, Commissioner Chapman. All
[2:59:15] right. First of all, I'd like to
[2:59:17] apologize to anybody that I didn't give
[2:59:19] a return email to that emailed me. There
[2:59:22] was a bunch and I tried to answer as
[2:59:24] many as I could. Uh, but I didn't get
[2:59:27] back to everybody and I apologize. So,
[2:59:31] we've talked about LPRs, license plate
[2:59:33] readers, and that's what uh I remember
[2:59:37] us talking about before. This has been
[2:59:40] about license plate readers when we
[2:59:42] first brought this program to mind here.
[2:59:46] I didn't really object to being my
[2:59:48] license plate being read. I really don't
[2:59:50] care. I objected to the numbers that
[2:59:53] were going out there. And I don't think
[2:59:55] we would be sitting here today had we
[2:59:58] stuck with a smaller number and put them
[3:00:01] in strategic locations. Two of my own
[3:00:04] constituents came to me and said, "I do
[3:00:07] not want this camera, but at my gate,
[3:00:11] folk filming me every time I go in and
[3:00:14] out of my gate." I agreed. And I mean,
[3:00:19] in one case, I know the camera was
[3:00:21] moved. In the other case, this was
[3:00:24] yesterday. I don't know that the camera
[3:00:27] was moved. I do know that the person
[3:00:30] installing it was asked to stop and he
[3:00:33] did. Whether or not he came back and
[3:00:36] installed it later, I don't know. That's
[3:00:39] a problem that could have been solved
[3:00:42] and eliminated a lot of the people
[3:00:44] coming in there. But what I haven't
[3:00:46] heard about and what I don't remember
[3:00:48] voting on
[3:00:50] was the video cameras. We have five
[3:00:54] video cameras.
[3:00:56] What are they filming
[3:00:58] and where's that information going?
[3:01:01] Now, true enough, the rest of them are
[3:01:04] license plate readers. There are some uh
[3:01:08] 52 or something license plate readers.
[3:01:12] Some of them are for the interstate, so
[3:01:14] they're high-speed, higher resolution,
[3:01:18] and I get that the need for those. Uh
[3:01:20] and I I really don't have an objection
[3:01:23] to those. Uh but whenever I found out
[3:01:27] that we also have five video cameras out
[3:01:30] there, I did question and I haven't got
[3:01:33] the answer on that yet. In reading the
[3:01:36] flock and in reading the grant
[3:01:39] application, there are other things that
[3:01:41] can be done with this money. Have we
[3:01:43] investigated
[3:01:44] what other things that we can do with
[3:01:47] this money besides just buying fog
[3:01:50] cameras? And so
[3:01:54] I mean I understand
[3:01:56] there is good that has come out of this
[3:01:58] and I understand there's bad that has
[3:02:00] happened and one bad apple doesn't make
[3:02:04] the whole barrel bad. But it sure gives
[3:02:07] a sour taste in people's mouths with
[3:02:10] evidence of being here today. I asked
[3:02:13] the question who has access in Kendall
[3:02:16] County? The answer was, "Well, all of
[3:02:19] the law enforcement."
[3:02:22] My response was, "That's not the correct
[3:02:24] answer that I wanted to hear." I would
[3:02:27] have expected a very select few that
[3:02:31] always would be around, somebody to be
[3:02:34] around to have access to those cameras.
[3:02:37] Uh,
[3:02:40] our job here today is to weigh whether
[3:02:43] the good outweighs the bad or the bad
[3:02:47] outweighs the good. And that vote will
[3:02:49] come shortly.
[3:02:50] >> Thank you, Mr. Carpenter. Wrap us up.
[3:02:52] >> Okay.
[3:02:54] >> You know, um, my job as an elected
[3:02:58] commissioner was to represent my
[3:03:00] constituents and this topic is
[3:03:03] overwhelming.
[3:03:05] No, they do not want this. And I know
[3:03:08] this is not popular with law enforcement
[3:03:10] or the criminal district attorney's
[3:03:12] office. I know there are crimes that are
[3:03:14] being committed where they can actually
[3:03:16] trace someone from where the crime
[3:03:20] occurred to the direction of where they
[3:03:23] live. I I get that. Um imagine being in
[3:03:27] Washington DC on January 6th and you
[3:03:29] wind up in jail for the for three years
[3:03:31] because you were at the wrong place at
[3:03:33] the wrong time. just because your cell
[3:03:35] phone, they could ping your cell phone
[3:03:38] and do a reverse search and find out
[3:03:39] what your name was. This whole deal
[3:03:42] really freaks me out. And I'm a hardcore
[3:03:45] constitutional person. In October, I
[3:03:48] supported the idea. Then I realized
[3:03:50] about probably a week later that wasn't
[3:03:53] the right decision. In April, just a few
[3:03:55] months ago, we had an opportunity to
[3:03:56] kill this completely and I voted against
[3:03:59] it. And while I completely trust our
[3:04:02] sheriff, and I do I trust you, I don't
[3:04:05] trust everyone. And so that's where I
[3:04:09] stand.
[3:04:10] >> All right. With that,
[3:04:13] >> please call the vote.
[3:04:14] >> Do we have a motion?
[3:04:15] >> We go.
[3:04:17] >> Judge, if I may.
[3:04:18] >> Oh, very briefly.
[3:04:20] >> Yes, absolutely. So, um, a lot of the
[3:04:22] questions and concerns again, I think I
[3:04:23] was hit back here in April as well over
[3:04:26] um over unanswered
[3:04:28] questions. I would love to have the
[3:04:30] opportunity to answer those questions
[3:04:31] and really go over the safeguards and
[3:04:33] practices that are built into the system
[3:04:34] that we necessarily didn't get to hear
[3:04:36] today. Um there is an ongoing debate, we
[3:04:38] did see it here today, where there's
[3:04:39] misinformation leading to disinformation
[3:04:41] on the the functionality and utilization
[3:04:43] of the system, also the governance and
[3:04:45] policy which should be implemented
[3:04:47] behind um that system. uh you you made
[3:04:50] the the the comment earlier um of
[3:04:52] communities uh deciding to uh leave
[3:04:54] Flock and there's actually a 7 to1 ratio
[3:04:56] of communities continuing their contract
[3:04:58] and expanding their contract. Now, I'm
[3:05:00] not going to make a headline um in the
[3:05:02] same manner as if if a community decides
[3:05:04] to, you know, cancel their contract. But
[3:05:06] I think what the crux of what you guys
[3:05:08] are really getting at and what I feel
[3:05:10] like I haven't had the opportunity to uh
[3:05:12] officially brief you on is the
[3:05:14] governance, the oversight, the
[3:05:15] accountability that is built into the
[3:05:17] system to be layered onto how Kendall
[3:05:19] County specifically um utilizes this
[3:05:22] technology today. Um just this morning
[3:05:24] um all of the major law enforcement
[3:05:26] agencies are talking to the House of
[3:05:27] Representatives over regulation. ALPR is
[3:05:30] not a new function. It has been regul
[3:05:31] regulated in several states, Washington,
[3:05:33] California, Virginia. Um the reason it
[3:05:36] has gotten such national attention um
[3:05:38] one is because a flock cameras, flock
[3:05:40] ALPRs are the most transparent tool um
[3:05:44] to date. Uh and because of those
[3:05:46] safeguards that we have in place. Um
[3:05:48] again, there's no Texas state law, but
[3:05:50] again, that that is that is coming on
[3:05:51] what regulation um looks like and we are
[3:05:53] working with those legislators to figure
[3:05:54] out how Texas will operate different
[3:05:56] than Arizona, you know, and other
[3:05:58] states. And so again, didn't really get
[3:06:00] to speak much today, but I would value
[3:06:02] the opportunity to again address the
[3:06:03] unans unanswered questions that you guys
[3:06:05] do have that way a reflective model
[3:06:08] policy specific to Kendall County,
[3:06:10] whether it's access um clarifying the
[3:06:12] data retention, where the data goes.
[3:06:14] Again, those are unanswered questions
[3:06:16] that I have noticed that come here today
[3:06:18] that I would like the ability to be able
[3:06:19] to address head-on clear um with clear
[3:06:21] answers. Um and so I just wanted to
[3:06:23] state that uh before we wrap up here
[3:06:24] today.
[3:06:25] >> Does anyone have any questions?
[3:06:27] >> Yeah. Who would you stay?
[3:06:28] >> Sorry.
[3:06:29] >> So, I am My name is Ian Leslie. I am the
[3:06:31] public affairs manager for the state of
[3:06:33] Texas.
[3:06:34] >> And he's not going to be able to address
[3:06:35] your individual questions. It's more for
[3:06:37] the court. So, does anyone from the
[3:06:38] court have any questions that they want
[3:06:39] answered?
[3:06:41] All right. If not, uh, may I have a
[3:06:43] motion at this time on this issue? Would
[3:06:46] I entertain a motion as this as to
[3:06:48] agenda item 14?
[3:06:50] Uh,
[3:06:51] >> judge, I'll make a stab at it. Uh judge, I'd like to make a motion
[3:06:57] to
[3:07:00] not renew the agreement with Flock
[3:07:02] Safety Group and to stop participation
[3:07:06] in the flock safety platform and for
[3:07:09] necessary flock safety professional
[3:07:11] services and installation fees beginning
[3:07:14] on October 1, 2026 and ending September
[3:07:18] 30th.
[3:07:20] >> Motion made by Commissioner Chapman. Is
[3:07:21] there a second? Second.
[3:07:22] >> Second by Commissioner McCall. Any
[3:07:24] further discussion?
[3:07:25] >> Yes.
[3:07:26] >> Commissioner Carpenter, you're up.
[3:07:27] >> To follow up on Commissioner Chapman's
[3:07:29] um comments,
[3:07:31] what else could this fund be used for?
[3:07:34] >> Yes, sir.
[3:07:35] >> I don't we've never even ex we never
[3:07:38] explored that idea on, you know, I'm not
[3:07:42] talking about license plate readers.
[3:07:43] Please don't don't take that. But if we
[3:07:45] do have the grant, we did get it. We
[3:07:47] were accepted for the grant. I would
[3:07:50] like to see where else we can
[3:07:52] do something for law enforcement. I
[3:07:55] don't know if there's another way.
[3:07:57] >> Commissioner, the grant application was
[3:07:59] specific to the flock system. I don't
[3:08:02] think that we we're way past the
[3:08:03] deadline on the application itself. So,
[3:08:06] I don't think that's possible for this
[3:08:07] upcoming fiscal year.
[3:08:09] >> Okay.
[3:08:09] >> We could potentially use the money for
[3:08:11] the match. That wouldn't be a whole lot
[3:08:13] of money, but that would be some money.
[3:08:15] >> The grant the the money that we had set
[3:08:17] aside for the match. Yeah,
[3:08:19] >> I suppose you could have that available.
[3:08:21] I don't know what you put in the budget
[3:08:22] for 27.
[3:08:24] >> Could he repeat the motion because I
[3:08:25] wasn't clear I heard.
[3:08:26] >> Could you please repeat your motion one
[3:08:28] last time?
[3:08:30] >> Motion is to
[3:08:33] not renew the agreement with Flock
[3:08:35] Safety Group.
[3:08:36] >> Gotcha.
[3:08:37] >> Okay,
[3:08:39] you're up finally.
[3:08:41] >> Commissioner Mal
[3:08:42] >> I.
[3:08:43] >> Commissioner Ween
[3:08:44] >> I.
[3:08:44] >> Commissioner Chapman
[3:08:46] >> I.
[3:08:46] >> Commissioner Carpenter.
[3:08:47] >> Hi. Dari
[3:08:49] >> I motion carries five to zero and before
[3:08:52] I let you go we're going to I believe
[3:08:54] agenda item 15 is now no action correct
[3:08:58] okay with that we're going to adjourn
[3:09:00] till 1:15 for a lunch recess and then
[3:09:04] we'll pick up with our public com
[3:09:06] >> I have some place to be on the other
[3:09:08] side of out of this county
[3:09:11] >> session
[3:09:16] » okay would y'all mind I'm gonna reopen
[3:09:18] for public comments. There's three
[3:09:20] people that have to go out of courtesy.
[3:09:22] You've waited patiently, so I'm going to
[3:09:24] let you have your public comments and
[3:09:26] then we'll recess.
[3:09:27] >> So, would you mind coming up? So, we're
[3:09:29] still in session.
[3:09:32] » Thank you for letting me know.
[3:09:34] >> Yes, please. Thank you.
[3:09:37] >> Wana McCarthy, precinct 2, former member
[3:09:39] of the Proposition A committee,
[3:09:41] appointed by this court. I along with
[3:09:43] five other members, half of the
[3:09:45] committee resigned two days after this
[3:09:47] court's actions to raid the remainder of
[3:09:50] Prop A funds with a focus of handing
[3:09:52] those funds to a developer.
[3:09:54] There was an emotionally whipped up
[3:09:57] frenzy of precinct 4 constituents being
[3:09:59] told pieces and parts of the story in
[3:10:02] order to have their support in
[3:10:03] undermining and sabotaging the Prop A
[3:10:06] committee and wiping out their funds for
[3:10:09] land conservation.
[3:10:11] It sounded very similar today. Lenar
[3:10:14] Holmes was mentioned repeatedly in the
[3:10:16] discussion at the court. Best project
[3:10:18] were mentioned. Two years of floods were
[3:10:21] elaborated upon with the perceived dire
[3:10:24] and urgent need for safety and flood
[3:10:26] mitigation.
[3:10:28] Facts are that Lenar was never part of
[3:10:31] this piece of property as they are not
[3:10:33] so ignorant to pay premium dollar for
[3:10:36] subpar land substantially undevelopable
[3:10:39] being in the flood plane and further
[3:10:42] stripped of the water rights. Bass
[3:10:45] projects were not close either. These
[3:10:47] are emotionally charged buttons used by
[3:10:50] members of this court to gain their
[3:10:51] support. And although safety and flood
[3:10:54] mitigation are admirable endeavors for
[3:10:57] this board, Prop A funds were never
[3:11:01] meant for this purpose. as I quote from
[3:11:04] the Prop A language, for the acquiring
[3:11:07] of open space and conservation land and
[3:11:10] acquiring conservation easements on land
[3:11:13] for any authorized purpose, including to
[3:11:15] ensure its availability for recreation
[3:11:18] or open space or to protect wildlife
[3:11:22] habitat and water quality of creeks,
[3:11:25] rivers, and springs.
[3:11:28] Not once is safety and flood mitigation
[3:11:32] used in that bond language, but with
[3:11:35] enough legal ease, word smithing, and
[3:11:38] whitewashing between this court and the
[3:11:40] court attorney, you are evidently
[3:11:42] creating the narrative to make you feel
[3:11:45] comfortable to slip this past the
[3:11:47] general public.
[3:11:49] the prop A committee and you on this
[3:11:51] court are in full knowledge of the
[3:11:52] damage that you could potentially cause
[3:11:55] to future generations and the face of
[3:11:57] this county by snatching up the
[3:11:59] remainder of dollars in Prop A which
[3:12:02] will ultimately be used to supplement
[3:12:04] development
[3:12:06] instead of conserving land. I cannot say
[3:12:09] and you are relying on the fact that I
[3:12:12] can't say there is an other side of the
[3:12:14] story that the public doesn't know and
[3:12:17] is strictly conf confidential but you
[3:12:20] know
[3:12:20] >> can you succinctly wrap up please
[3:12:22] >> I have just I assumed that we were
[3:12:24] having three minutes I didn't know I was
[3:12:26] going to be limited would you allow me
[3:12:28] that
[3:12:29] >> any objection for this general okay
[3:12:31] we'll give you three you're finished for
[3:12:33] three minutes
[3:12:34] >> your actions with using Prop A funds to
[3:12:36] fund alleged safety and flood mitigation
[3:12:39] and oh a baseball diamond for Chad's
[3:12:42] precinct is at best duplicitous
[3:12:45] deceptive and the to the Prop A
[3:12:48] committee ultimately to the citizens
[3:12:50] extremely disrespectful. The possibility
[3:12:53] of disaster for the entire southern half
[3:12:56] of the county with your actions the ne
[3:12:58] negative impact on tens of thousands of
[3:13:00] citizens and potentially potentially
[3:13:03] millions of people's water. Well, it
[3:13:05] better be worth that baseball diamond. I
[3:13:08] have spent hundreds, if not thousands of
[3:13:10] hours in all of your behalf to help you
[3:13:13] in supporting this county because I
[3:13:15] believed in your servants's heart. These
[3:13:19] are not actions of a servant's heart.
[3:13:22] But you have one more opportunity to
[3:13:24] correct this terrible decision before
[3:13:27] it's finalized.
[3:13:29] Do not follow through with the purchase
[3:13:32] of the proposed land in executive
[3:13:34] session with Prop A dollars. Do not tie
[3:13:38] your three names to the worst action by
[3:13:40] commissioner's court to ever affect this
[3:13:42] county. Thank you.
[3:13:43] >> Thank you, ma'am. Is
[3:13:48] » Blake Roland, do you still want to
[3:13:50] speak? Brody.
[3:13:52] >> Okay.
[3:13:53] >> Yeah, no worries. Thank you.
[3:13:54] >> All right.
[3:13:56] >> Hey, sorry I missed the uh the meeting
[3:13:58] this morning where everybody was kind of
[3:14:00] uh venting about their feelings. Uh Mr.
[3:14:02] Chapman, thanks again. Um, I'm one of
[3:14:03] those citizens that had the flock camera
[3:14:05] right in front of their front gate. Um,
[3:14:08] so I went to Mr. Chapman the other day
[3:14:10] and uh and I kind of called the sheriff
[3:14:12] too and I was like, "Look, like if I
[3:14:14] just lay this camera down, like it's got
[3:14:17] an easy disconnect. I'm not going to
[3:14:19] break it. I'm going to lay it down. I
[3:14:20] just don't want it scanning me every
[3:14:21] time I go inside of my my driveway. Uh,
[3:14:24] would you arrest me?" And they said,
[3:14:25] "Yeah." I'm like, "What at what lengths
[3:14:27] are we willing to go to protect our
[3:14:30] citizens? We're going to throw people in
[3:14:32] jail for not want to be scanned every
[3:14:33] time they go into their driveway. Um, we
[3:14:35] can move these things. I think there's a
[3:14:36] solution to be found. Maybe not with
[3:14:38] Flock, maybe not with a privatized
[3:14:40] company, but I just want to say we
[3:14:43] believe in y'all and uh think we can
[3:14:45] come to a good solution that maybe
[3:14:47] serves the public, but also doesn't kind
[3:14:49] of get in the way of our privacy. So,
[3:14:52] thanks for today and uh yeah, appreciate
[3:14:53] you.
[3:14:54] >> Great. Thank you for your comments.
[3:14:56] >> Alice Hansler, are you still here?
[3:15:00] All right. And last but not least,
[3:15:02] Heather Vessie.
[3:15:04] All right. Okay. So, now we're going to
[3:15:07] recess till 1:15 for lunch. And with
[3:15:10] that, we're in recess.
[3:15:15] » Good afternoon, everyone. It's 1:15.
[3:15:17] We're back on our regularly scheduled
[3:15:19] agenda. Starting with agenda item 17,
[3:15:22] consideration of possible action on the
[3:15:24] investment report third quarter FY26 for
[3:15:27] May and June. What do you got for us,
[3:15:29] Cheryl?
[3:15:30] >> Oh, good afternoon everyone.
[3:15:33] Um, I just just real quick, I just
[3:15:36] wanted to uh go over the investment uh
[3:15:39] report um a little bit for you. Uh we
[3:15:43] are holding consistent with interest
[3:15:45] rates um in our logic, our our main
[3:15:48] investment. We're consistently earning
[3:15:51] over 400,000 every quarter in that fund.
[3:15:54] However, you'll notice that our interest
[3:15:57] in frost is is going down pretty
[3:15:59] quickly. Um, so we're hoping that um our
[3:16:04] new investment Texas range that that
[3:16:06] y'all approved last quart is going to
[3:16:08] make up for some of the losses that
[3:16:10] we're getting elsewhere in interest
[3:16:12] rates. We did have a C have it had a CD
[3:16:15] that just matured that we're going to be
[3:16:17] moving over to the new investment and
[3:16:20] we're going to be hopefully opening that
[3:16:21] up and getting 4.27 27% interest on that
[3:16:26] and that will really be a nice change as
[3:16:29] to the 10 basis points in frost. So,
[3:16:32] just I just wanted to bring that to your
[3:16:34] attention.
[3:16:36] >> And then I just have the investment
[3:16:38] report for y'all to sign, please.
[3:16:53] by second.
[3:17:00] » Commissioner McConnell.
[3:17:02] >> Hi,
[3:17:02] >> Commissioner Region.
[3:17:03] >> Hi,
[3:17:04] >> Commissioner Chapman.
[3:17:05] >> Hi,
[3:17:05] >> Commissioner.
[3:17:06] >> Hi,
[3:17:07] >> Commissioner.
[3:17:08] >> I motion carries 5 to Z. Next, uh,
[3:17:12] consideration possible action on a
[3:17:14] payment of crude comp time at fiscal
[3:17:16] year end. Hey,
[3:17:19] >> good morning or good afternoon. Good
[3:17:21] afternoon. You creature of habit.
[3:17:25] Um
[3:17:27] in FY25
[3:17:29] uh the court decided to pay uh for the
[3:17:32] first time really uh in a long time the
[3:17:35] font time out that was in the banks and
[3:17:37] I had requested this last fiscal year
[3:17:40] and one of the reasons is that no matter
[3:17:42] the amount at 9:30 any increases happen
[3:17:46] October 1st um and then it's a bigger
[3:17:51] liability on the books for the county
[3:17:53] because you then owe more money out. And
[3:17:55] so I've been watching the comp time uh
[3:17:59] the last probably two months. And
[3:18:03] currently we have 29 departments that
[3:18:05] have employees, a total of 143 employees
[3:18:07] with comp time on the books. I did call
[3:18:09] every department about 3 weeks ago that
[3:18:11] hit anybody over about 50 hours and just
[3:18:15] said, "Hey, you know, I I can't tell you
[3:18:18] uh to ask people to take off, but I just
[3:18:20] want you to realize here are some people
[3:18:22] who've earned a lot of time this year.
[3:18:24] I'm not sure if it's situational or if
[3:18:25] something happened. It's none of my
[3:18:27] business, but I was going to be bringing
[3:18:29] this to commissioner's court to request
[3:18:30] to you for this fiscal year to pay that
[3:18:33] out at uh fiscal year end. Right now
[3:18:35] it's about it's $74,818
[3:18:38] as of today. I happen to know some of
[3:18:40] these hours that go off is payroll right
[3:18:43] now that the human resource department
[3:18:44] is working on payroll for this week. I
[3:18:46] don't know how many people earn comp,
[3:18:47] but um I just think it's a good idea if
[3:18:49] the county has the funds to pay it out
[3:18:52] at 9:30. Therefore, we're not carrying
[3:18:54] those over and if there's increases in
[3:18:56] any salaries, that money increases based
[3:18:58] on those new salaries. This way, it's
[3:19:00] paid out um in the fiscal year that
[3:19:02] they've earned it. Also as as comp time
[3:19:05] acrru up to 80 hours it can put a burden
[3:19:08] on some of the smaller department
[3:19:10] departments um once it acrus to 80 and
[3:19:13] uh the hours in the bank then uh we're
[3:19:16] automatically paying those out because
[3:19:18] the current policy says you can only
[3:19:20] acrew up to 80. And also if people
[3:19:22] already get um you know their vacation
[3:19:24] time and if it if it sits if it rolls
[3:19:27] over and rolls over then people are
[3:19:29] entitled to take that time off because
[3:19:31] they have worked it. So, I'm just here
[3:19:33] to ask you, I did budget funds in the
[3:19:35] current year FY26 budget in a
[3:19:37] contingency in the non-EP departmental
[3:19:39] contingency for this purpose if it's
[3:19:41] something that the court wanted to
[3:19:43] entertain.
[3:19:44] So, I'm here just to ask if that is
[3:19:46] something y'all would like to do. I have
[3:19:47] talked to HR and was assured
[3:19:52] and Trisha that this that they could pay
[3:19:53] this out the last commission the last
[3:19:56] payroll of September if it is approved.
[3:20:00] >> Okay. I entertain a motion as agenda 18.
[3:20:05] >> Judge, I'd like to make a motion to
[3:20:07] allow the uh auditor to pay out the
[3:20:11] acred comp time at the
[3:20:16] last uh of sep as of last of September.
[3:20:20] >> It would be it would be on the last
[3:20:22] payroll of September.
[3:20:25] >> In the last payroll of September.
[3:20:27] >> Mush made by Commissioner Chapman.
[3:20:28] Second. Second. Commissioner Carpenter.
[3:20:31] Any further discussion? There being
[3:20:33] none, Teresa, please call the vote.
[3:20:35] >> Commissioner McCall,
[3:20:36] >> I.
[3:20:36] >> Commissioner Ween,
[3:20:37] >> I.
[3:20:38] >> Commissioner Chap,
[3:20:39] >> I.
[3:20:39] >> Commissioner Carpenter.
[3:20:41] >> Judge.
[3:20:42] >> I. Motion carries five to zero.
[3:20:43] >> Thank you.
[3:20:44] Next. Uh, request for
[3:20:46] commissioner report to review and
[3:20:47] approve the proposed 2027 Kenno County
[3:20:49] Sheriff's constable fees as recommended
[3:20:51] by Sheriff El. Oxier, Consible Todd
[3:20:54] Setliff, Conipible Paul Mill, Conipible
[3:20:56] Jean Serene, Conipible Brian B, District
[3:20:59] Clerk Susan Jackson, and County Clerk
[3:21:01] Denise Maxwell. Um, so
[3:21:05] >> good morning, gentlemen.
[3:21:06] >> Annual review judge commissioners do an
[3:21:09] annual review every year because we have
[3:21:11] to look at where we want to go with our
[3:21:13] fees, leave them the same, increase
[3:21:14] them. We did the review, uh, sheriff, I
[3:21:18] reviewed everything, all the costs,
[3:21:20] discussed it. We basically felt like we
[3:21:22] were right where we needed to be the
[3:21:25] fees as we had had them for a couple of
[3:21:27] years. The only thing that we suggested
[3:21:30] was a change was the whenever we we give
[3:21:33] any kind of service as far as a writ
[3:21:36] takes a long time to do a rid of
[3:21:37] possession or rid of attachment or all
[3:21:40] those kind of rits. So we give two hours
[3:21:42] to get that writ done. Sometimes it runs
[3:21:45] over the 2-hour limit and we had had uh
[3:21:49] basically a $50 per officer per hour
[3:21:52] charge. We decided we needed to go to
[3:21:54] $75 because of just tying an off an
[3:21:58] officer up that long and it may take two
[3:22:01] officers because when some of them are
[3:22:04] kind of high-risisk type situations. So
[3:22:06] that was our only change. We recommended
[3:22:08] a $75 per hour from the $50 per hour fee
[3:22:12] we had before. entertain a motion at
[3:22:15] this time.
[3:22:18] » Judge, I'd like to make a motion to
[3:22:20] approve the proposed 2027 Kendall County
[3:22:24] Sheriff and Constable fees
[3:22:26] as recommended by Sheriff Oxier,
[3:22:29] Constible Todd Sliff, Constible Paul No,
[3:22:32] Constible Jean Serene, and Constible
[3:22:34] Brian Vaughn, and District Clerk Susan
[3:22:36] Jackson, and the county clerk Denise
[3:22:38] Maxwell.
[3:22:40] >> Motion made by Commissioner Jackson,
[3:22:41] second by the judge. Any further
[3:22:43] discussion? There being none, Teresa,
[3:22:45] please call the vote.
[3:22:46] >> Commissioner,
[3:22:47] >> I.
[3:22:48] >> Commissioner Ween,
[3:22:49] >> I.
[3:22:49] >> Commissioner Chapman,
[3:22:50] >> I.
[3:22:51] >> Commissioner Carpenter,
[3:22:52] >> I
[3:22:53] >> Motion carries 5 Z. Next up,
[3:22:56] consideration and possible action on
[3:22:58] request by the auditor to conduct not of
[3:23:00] Kendo County Sheriff's 59 asset forfeite
[3:23:03] for as required by article 59.06, the
[3:23:06] preferred criminal procedure.
[3:23:08] >> It's not a request by the county
[3:23:09] auditor.
[3:23:10] >> Okay.
[3:23:11] >> It's a
[3:23:11] >> as required. I'm sorry.
[3:23:13] >> It
[3:23:14] >> I now have to sign off that I was
[3:23:16] requested by the commissioner's court.
[3:23:19] >> Okay.
[3:23:19] >> To do the audit. It's just a routine
[3:23:21] thing.
[3:23:21] >> Okay. It's a routine.
[3:23:22] >> It's not requested by me.
[3:23:24] >> The court to request me to to do it.
[3:23:27] >> Understood. We'll have to work on the
[3:23:29] wording for the final stage for the
[3:23:31] motion. It's a routine.
[3:23:32] >> It's an annual annual deal that we do
[3:23:35] every year for chapter 59 asset
[3:23:36] forfeiture.
[3:23:37] >> Okay. I'll entertain a motion as to this
[3:23:39] item. Judge, I move to approve that the
[3:23:41] county auditor conduct an audit of the
[3:23:43] Kindle County Sheriff's Office chapter
[3:23:44] 59 asset forfeite report as required by
[3:23:48] 59.06 of the code of criminal
[3:23:50] procedures.
[3:23:50] >> Motion.
[3:23:51] >> I know I know it seems like I'm like a a
[3:23:54] picky thing, but I make a motion to
[3:23:56] request that the county auditor perform
[3:23:58] the audit.
[3:24:00] >> I would like to amend my motion. Um, I
[3:24:02] move to request that the county auditor
[3:24:05] conduct an audit of the Kendall County
[3:24:06] Sheriff's Office chapter 59 asset
[3:24:08] forfeite report as required by 59.06 of
[3:24:12] the code of criminal procedure.
[3:24:14] >> Motion made by Commissioner Region. Do I
[3:24:15] have a second?
[3:24:16] >> Second.
[3:24:16] by Commissioner McCall. Any
[3:24:18] further discussion? None. Teresa, please
[3:24:20] call the vote.
[3:24:21] >> Commissioner Thi.
[3:24:22] >> Commissioner Region.
[3:24:23] >> I.
[3:24:23] >> Commissioner Chapman.
[3:24:24] >> Hi.
[3:24:25] >> Commissioner Carpenter.
[3:24:26] >> Hi.
[3:24:26] >> Judge Tiza.
[3:24:27] >> I. Motion carries 5. Next up,
[3:24:30] consideration possible action regarding
[3:24:31] the asset transfer request to transfer
[3:24:33] against units 1913, which is a 2019 Ford
[3:24:36] F250 from RA patrol to detention.
[3:24:42] All right. And so I guess this is a vehicle that's no longer being used by
[3:24:49] detention or by animal control and it's
[3:24:52] going to be have a good use in
[3:24:54] detention. Yes, I believe the detention
[3:24:56] office is already using this truck and
[3:24:58] so we just said uh we told Captain Green
[3:25:00] he had to put it on the agenda for the
[3:25:01] court to accept the transfer from the
[3:25:03] sheriff's office over to the detention
[3:25:04] center.
[3:25:05] >> Okay, I'll entertain a motion at this
[3:25:06] time as agenda item 21.
[3:25:10] Judge, I'd like to make a motion to
[3:25:12] approve
[3:25:14] moving the asset or approve the asset
[3:25:17] transfer
[3:25:19] request to transfer unit 1913, which is
[3:25:22] a 2019 Ford F250 from an animal control
[3:25:28] to detention.
[3:25:29] >> Motion made by Commissioner Chapman. Do
[3:25:30] I have a second? Second by Commissioner
[3:25:32] Carpenter. Any further discussion? There
[3:25:34] being none, Teresa, you're up.
[3:25:36] >> Commissioner McConnell,
[3:25:37] >> I.
[3:25:38] >> Commissioner Legion,
[3:25:38] >> I. Commissioner Chapman.
[3:25:40] >> I,
[3:25:40] >> Commissioner Carpenter,
[3:25:43] >> I. Motion carries 5 Z. Next up,
[3:25:45] consideration action to approve the list
[3:25:47] of Central Count Station personnel.
[3:25:49] Stacy Decker.
[3:25:58] » Good afternoon.
[3:25:59] >> Or afternoon. I feel like it's still
[3:26:01] morning for me. Um uh so our first
[3:26:04] agenda item is approving our central
[3:26:07] count station personnel. This is my
[3:26:09] office staff. We don't appoint anybody
[3:26:11] outside of our office to serve at
[3:26:13] central count as part of our central
[3:26:15] count team. Um so this is just a list of
[3:26:18] my office employees and this will be
[3:26:19] good for a one-year term starting
[3:26:22] September 1st and it'll be you know
[3:26:25] ending August 31st next year
[3:26:27] essentially.
[3:26:28] >> Okay.
[3:26:30] in the central count and that's all your
[3:26:33] employees
[3:26:34] >> employees currently. Yes. Okay.
[3:26:36] >> Thank you.
[3:26:38] >> Right.
[3:26:38] >> You have four
[3:26:40] >> the official ones.
[3:26:43] » Stacy, you have four employees.
[3:26:45] >> I do. Yes.
[3:26:46] >> Okay. So, at this time, I'll entertain a
[3:26:47] motion as agenda item 22.
[3:26:50] >> I move Oh, go ahead. No, go ahead. I
[3:26:52] move to approve the list of central
[3:26:54] count station personnel.
[3:26:55] >> Okay. Motion made by Commissioner
[3:26:57] McCall. Do I have a second?
[3:26:58] >> Second. Seconded by Commissioner Wean.
[3:27:00] Any further discussion? There being
[3:27:02] none, Teresa, please call the vote.
[3:27:04] >> Commissioner McCart,
[3:27:05] >> I.
[3:27:05] >> Commissioner Region,
[3:27:06] >> I.
[3:27:06] >> Commissioner Chapman,
[3:27:08] >> I.
[3:27:08] >> Commissioner Carpenter,
[3:27:09] >> Izz,
[3:27:10] >> I. Motion carries 5 Z. Next up,
[3:27:13] consideration action to approve the list
[3:27:14] of election judges for a one-year term
[3:27:16] begin October 1st, 2026.
[3:27:19] >> And this one should actually begin
[3:27:21] September 1st, 2026. So, for our agenda
[3:27:24] item, for purposes of approving it, we
[3:27:27] need the September 1st start date.
[3:27:30] Um, I'm going to provide you the list of
[3:27:33] election judges um for our election day
[3:27:36] polling locations, our central count,
[3:27:38] and our early voting ballot board. This
[3:27:40] is from the list of judges that both
[3:27:42] parties get an opportunity to submit for
[3:27:46] appointment. Um, so these are people
[3:27:48] that have been approved by the
[3:27:50] Republican and the Democratic party
[3:27:51] locally. It comes to y'all for the
[3:27:54] official appointment.
[3:27:56] >> At this time, I'll entertain a motion as
[3:27:57] to this agenda item.
[3:27:59] >> Judge, I move to approve the list of
[3:28:00] election judges for a one-year term
[3:28:02] beginning September 1st, 2026.
[3:28:06] >> Uh, we have a motion made by
[3:28:07] Commissioner Wean. Do I have a second?
[3:28:08] >> Second.
[3:28:09] >> Seconded by Commissioner McCall. Any
[3:28:11] further discussion? There being none,
[3:28:13] Teresa, please call the vote.
[3:28:15] >> Commissioner,
[3:28:16] >> I.
[3:28:16] >> Commissioner,
[3:28:17] >> I.
[3:28:17] >> Commissioner,
[3:28:18] >> I. Commissioner Carpenter.
[3:28:20] >> I
[3:28:21] motion carries 5 to zero.
[3:28:23] >> Thank you.
[3:28:24] >> Uh, next up,
[3:28:25] >> thank you, Stacy.
[3:28:26] >> Consideration possible action regarding
[3:28:27] the appointment of a representative to
[3:28:28] Kendall County Appraisal District Board
[3:28:30] of Directors to fill the vacancy created
[3:28:32] by the resignation of Rodney Rodney G.
[3:28:35] Edni.
[3:28:37] >> Judge, I have put an email in to ask
[3:28:39] about the appointment process now that resolution from the appraisal
[3:28:43] district uh was objected to by a
[3:28:46] different taxing entity and I'm waiting
[3:28:47] to hear back. But my advice would be to
[3:28:49] go ahead and appoint someone today and
[3:28:51] if the appointment method changes, we'll
[3:28:53] revisit this issue at a future meeting.
[3:28:55] >> That's those down.
[3:28:56] >> Yes, ma'am.
[3:28:58] >> Judge, I talked to a few people in the
[3:28:59] community and I was able to get one
[3:29:01] person interested and serving on this
[3:29:04] board.
[3:29:05] Um, general counsel, how do you want to
[3:29:07] handle speaking about this person and
[3:29:10] interviewing him? Um, do we have any any
[3:29:13] protocol or counsel?
[3:29:16] As far as I know, you haven't done that
[3:29:17] in the past. Uh, at the last meeting, we
[3:29:19] talked about commissioners bringing
[3:29:21] forward anyone who was interested in
[3:29:23] serving. Then you could discuss and
[3:29:24] choose a candidate. Uh, if you'd like to
[3:29:27] interview someone, you could do that. Or
[3:29:29] if there's only one person who's
[3:29:30] expressed interest, the court could
[3:29:32] choose to appoint or to push the
[3:29:34] appointment to a different date. You
[3:29:35] have lots of options.
[3:29:38] >> Did anyone else get any names, judge?
[3:29:40] >> Uh, no. This is the only applicant I'm
[3:29:42] aware of. So, I mean, I'm comfortable
[3:29:44] just
[3:29:46] this uh potential appointee. I don't
[3:29:50] know if anyone else is.
[3:29:51] >> Give everybody a minute to look at it.
[3:29:53] Yes.
[3:29:59] » So, I wanted to say that I think we do
[3:30:01] need to fill this position today because
[3:30:03] September 2nd, which will be before we
[3:30:06] have our next commissioner's court, the
[3:30:08] appraisal board is going to uh review
[3:30:10] their budget and the budget's going to
[3:30:13] increase by almost $100,000. So, I think
[3:30:15] we do need a representative there with
[3:30:18] our vote. Um but I also wanted to know
[3:30:22] how how have we done this in the past?
[3:30:23] Do we h interact with them quarterly?
[3:30:26] How do we you know how how does that
[3:30:29] >> this process we inherited
[3:30:33] the Mr. Edmonson from the prior court.
[3:30:36] So this is our first chance to ever
[3:30:37] appoint someone and so we didn't really
[3:30:40] establish a process for interacting. And
[3:30:42] so this is our first opportunity to set
[3:30:44] a precedent for what we what our
[3:30:46] expectations are. And so we can set up
[3:30:48] another court where we sit down with our
[3:30:51] new appointee and kind of lay out what
[3:30:53] we expect of updates and things of that
[3:30:55] nature. So if you'd like to do something
[3:30:57] like that, we can certainly entertain
[3:30:59] that at a later date. But if the today's
[3:31:01] main concern is to
[3:31:03] >> get the appointment done, but we can
[3:31:04] address your concerns down the road if
[3:31:06] you'd like.
[3:31:06] >> Well, just again to just make sure that
[3:31:08] we're that they're representing the
[3:31:10] court's interest. just understood your
[3:31:12] concern.
[3:31:12] >> So this candidate's name is Neil Ree. He
[3:31:14] is a bonafide member of of the county,
[3:31:18] resident of Kendall County. He has an
[3:31:19] MBA, University of Texas San Antonio, a
[3:31:22] BA of Rice University. So um you can see
[3:31:25] his professional and technical
[3:31:27] experience through here. Um I'm I'm
[3:31:30] happy moving forward with Mr. Rey. is
[3:31:32] very uh eager to serve and in light of
[3:31:35] no other candidates and we need to do
[3:31:37] something. I'm good with uh
[3:31:40] >> he's no nonsense and very direct and
[3:31:42] analytical and I think he brings to the
[3:31:45] table what we're looking for in a
[3:31:46] representative. So I so would you like
[3:31:50] to make a motion commissioner?
[3:31:51] >> Sure, judge. Um I move to appoint Neil
[3:31:54] D. Reby to
[3:31:57] where are we? Hold on. um to the Kendall
[3:32:00] County Appraisal District Board of
[3:32:01] Directors to fill the vacancy created by
[3:32:03] the resignation of Rodney G. Edmonson.
[3:32:05] >> Motion made by Commissioner Wean, second
[3:32:07] by the judge. Any further discussion? If
[3:32:09] not, Teresa, please call the vote.
[3:32:12] >> Commissioner M.
[3:32:13] >> I.
[3:32:13] >> Commissioner.
[3:32:14] >> I.
[3:32:15] >> Commissioner,
[3:32:16] >> I
[3:32:19] motion carries five to zero. Next up,
[3:32:22] consideration possible action handling
[3:32:24] of a res of revised job descriptions.
[3:32:26] Commissioner Chapman, you're up. So,
[3:32:29] I've gotten several different uh
[3:32:32] department heads have talked to me,
[3:32:34] which is why I wanted to bring this in.
[3:32:38] Anyway, first of all, the attached
[3:32:43] uh
[3:32:45] instructions on how to file these job
[3:32:48] descriptions were never filed and
[3:32:51] officially approved by the court. And so
[3:32:55] I don't think that they
[3:32:57] should apply. Number one. Number two,
[3:33:02] this needs to be going to HR and not a
[3:33:06] commissioner, not
[3:33:09] a commissioner's helper, not somebody
[3:33:11] else. This needs to go to HR. This is a
[3:33:15] function of HR.
[3:33:17] And if we don't
[3:33:20] have confidence in our HR department,
[3:33:22] then we need to fire. And she's sitting
[3:33:25] right out here.
[3:33:27] So
[3:33:29] I think we need to quit
[3:33:34] scrutinizing all of these departments.
[3:33:36] Let them do their job. If they're not
[3:33:38] doing their job,
[3:33:40] we need to tell them, give them time to
[3:33:42] correct, and then bring it back in. But
[3:33:45] this document that was handed to these
[3:33:48] people to uh turn in is not a valid
[3:33:51] document.
[3:33:53] >> So I like to respond. Um first of all,
[3:33:57] this process is working. Um I have
[3:34:00] several department heads and elected
[3:34:02] officials who have agreed that this
[3:34:04] process is needed. It did pass the um
[3:34:08] the review and maintenance process did
[3:34:10] pass commissioner's court on July 14th
[3:34:13] of this year. Um, and this is just a
[3:34:16] detailed process that I put together to
[3:34:19] aid those in turning in the job
[3:34:22] descriptions. Um, when we did the job
[3:34:27] description training, I asked HR if the
[3:34:32] it how soon we could get these job
[3:34:34] descriptions done, and I was told by the
[3:34:36] end of the year. Um, I I thought we
[3:34:39] could get to it sooner, which is why I
[3:34:41] put it on the agenda. Um, I was also
[3:34:44] told that that that department was busy
[3:34:47] till the end of the year. And so I
[3:34:49] wanted to make it not as invasive on the
[3:34:53] HR department to be receiving all of
[3:34:55] these job descriptions and that's why I
[3:34:57] put this process together
[3:35:00] um and instructions. Uh, this is the
[3:35:03] first time Kendall County has had this
[3:35:05] process put in place. Um, and it's it's
[3:35:08] never happened before. So I can see
[3:35:11] concern or you know resistance to change
[3:35:14] but I have heard um from
[3:35:18] some elected officials and department
[3:35:20] heads that this is needed. Um one
[3:35:23] department um has a full department job
[3:35:27] descriptions that need to be redone. If
[3:35:29] we reinvent the wheel and start the
[3:35:31] process all over which is supposed to
[3:35:33] culminate at the end of September then
[3:35:36] we're going to slow this down. the
[3:35:38] instructions were created to make the
[3:35:42] process quicker and again just answer
[3:35:46] all the questions. I still have had
[3:35:48] questions and we're going to this is
[3:35:49] new. Um but I do
[3:35:53] uh think that the process of how to turn
[3:35:56] them in in the event that the person
[3:35:58] they're turning them into is not
[3:36:00] available. I have a backup plan. And
[3:36:02] again, that way we're only going to HR
[3:36:06] with a group of job descriptions, not
[3:36:08] inter interjecting any kind of business
[3:36:11] for job descriptions throughout the day,
[3:36:13] just once. Um, so again, I think this
[3:36:17] process is very important. It recognizes
[3:36:19] the values of our employees, making sure
[3:36:21] they're fairly compensated. Um, it inc
[3:36:24] it also protects the county by ensuring
[3:36:27] the current job descriptions are
[3:36:28] accurate and they're maintained in human
[3:36:31] resources, reducing any kind of
[3:36:32] liability concerns. Um, it provides
[3:36:35] transparency to our taxpayers, as I
[3:36:38] explained when we when we did pass this
[3:36:40] by demonstrating that county resources
[3:36:42] are being managed responsibly and that
[3:36:44] their tax dollars are being used
[3:36:46] effectively and efficiently.
[3:36:49] >> I agree that we need the job
[3:36:50] descriptions. What a disagree with the
[3:36:53] you the use of words shall and must
[3:36:58] to elected officials and department
[3:37:00] heads. Also would like to say when these
[3:37:05] eventually do come in, they have to be
[3:37:08] brought to court and approved by court.
[3:37:10] And what I don't want to see is that we
[3:37:13] are presented on one commissioner's
[3:37:16] court meeting with a hundred job
[3:37:18] descriptions to approve in one
[3:37:20] commissioner's court. That would not be
[3:37:22] fair to this court or anybody else
[3:37:25] because there's no way we can approve
[3:37:27] that many. So each one of these job
[3:37:30] descriptions has to come back to court
[3:37:33] for approval. Once that's done, then we
[3:37:37] can actually file them with HR. So, if
[3:37:40] it's an existing job description with no
[3:37:43] changes, maybe
[3:37:46] no substantive changes to the job, we
[3:37:49] are simply doing a review process and
[3:37:52] getting the the employee to sign and
[3:37:55] date it. And we have an an accepted job
[3:37:58] description on file just like when
[3:37:59] they're hired. So, any kind of changes
[3:38:02] and what I spoke about was one
[3:38:04] department where there every single job
[3:38:06] description needs to be changed. there's
[3:38:07] five people in that department. Th those
[3:38:10] have fallen through the cracks and we
[3:38:12] need an accurate job description so that
[3:38:14] if there was some type of a liability
[3:38:17] issue, we would have on file a current
[3:38:20] job description. So in that case, yes,
[3:38:22] those need to come through court and we
[3:38:24] are going to work with this process.
[3:38:26] Again, it's new. This is the first time
[3:38:27] we've done it.
[3:38:28] >> I don't think that's the concern. I
[3:38:30] think the concern is okay, say they all
[3:38:32] get to you, you bring them to court. I
[3:38:35] know. I don't want to sit down one day
[3:38:37] preparing for court and have to review a
[3:38:39] hundred job descriptions. That's going
[3:38:40] to be a waste of time because I don't
[3:38:42] know what everyone does. I don't have
[3:38:44] the time to research it. I think it'd be
[3:38:46] better to have batches like we consider
[3:38:49] five every court and whatever. So, we
[3:38:51] can do it in small increments. I think
[3:38:53] that's a more productive way. And then I
[3:38:56] don't think and the other thing is this
[3:38:58] procedure was never approved. Yes, we
[3:39:00] approve approving job descriptions, but
[3:39:03] this fourpage
[3:39:05] whatever it is instructions
[3:39:08] like I attempted to submit Melissa's
[3:39:10] several times and it was rejected. Like
[3:39:12] I sent it via email, rejected. Then I
[3:39:14] submitted in paper form written and
[3:39:17] dated and y'all said that that wasn't
[3:39:18] good enough. I had to come in and
[3:39:19] physically sign something. Those
[3:39:21] procedures were never approved. So
[3:39:23] that's that was my concern. But you want
[3:39:26] to come up?
[3:39:27] >> I'd like to address that. Um you I
[3:39:29] received an email from Melissa with her
[3:39:32] job description asked her to go to her
[3:39:34] department head as the instructions
[3:39:36] again the instructions instructions were
[3:39:39] never approved.
[3:39:40] >> It's a guidance tool for submitting
[3:39:43] these which was reflected in what our
[3:39:46] vote was for the process and the job
[3:39:49] description itself was put in a chair in
[3:39:51] the lobby signed. We want to have a
[3:39:55] chain of custody for these with employee
[3:39:58] signatures on them. And that's why I set
[3:40:01] up this process to detail.
[3:40:03] >> No one delegated the authority to you to
[3:40:05] set up this policy and to mandate that
[3:40:07] every single elected official and
[3:40:09] department headed follow that four-page
[3:40:11] document. That is the concern. There's a
[3:40:13] simple way to do it. Someone signs the
[3:40:16] document that they want to submit to
[3:40:17] you. They hand it over to HR, give it to
[3:40:20] you, and you guys meet as a committee
[3:40:22] and do whatever you want to do. It
[3:40:23] doesn't have to be complicated. It's
[3:40:25] becoming complicated. Wanita,
[3:40:27] >> since you formed uh the compensation
[3:40:29] committee, we've always had a process
[3:40:31] for job descriptions. Always there's
[3:40:33] always been a process, but when you
[3:40:35] formed a committee for compensation,
[3:40:37] then that's how what we did. We would
[3:40:39] receive it as a committee and you
[3:40:41] revised job description and as a
[3:40:44] committee, we would discuss it. And
[3:40:45] because we were working on forming the
[3:40:48] scale, that was also something that the
[3:40:50] committee had to research to make sure
[3:40:53] that we were following and putting um
[3:40:57] researching where these uh individual uh
[3:41:00] positions would be classified under. So
[3:41:04] we followed that procedure the entire
[3:41:06] time that this committee has been. We I
[3:41:09] received a job description because there
[3:41:11] are some changes in the department and I
[3:41:14] would forward that to the committee
[3:41:15] members. Some were able to respond. Some
[3:41:18] were tied up and uh we would make a
[3:41:23] majority decision and kind of help the
[3:41:25] department head work on these job
[3:41:28] descriptions to where it best would fit.
[3:41:31] You cannot have a job description that
[3:41:33] has an extensive amount of essential
[3:41:36] duties. uh it it takes a lot of practice
[3:41:39] and time to go through these and you
[3:41:42] don't learn it just because you attended
[3:41:46] a workshop. And so that's how come we're
[3:41:48] here as a committee helping our
[3:41:50] department heads. Some of them are very
[3:41:52] good at writing some of these. Uh some
[3:41:55] write too much and you have to be
[3:41:57] careful how much you put in is essential
[3:42:00] to meet uh the guidelines as our general
[3:42:03] counsel will also advise us on. So,
[3:42:07] we've always had a system. Um, do they
[3:42:10] fall into the cracks? Fall through the
[3:42:12] cracks? Of course. Department heads are
[3:42:14] the responsible to letting us know when
[3:42:17] there are changes in their staff because
[3:42:19] who better knows the job of their people
[3:42:22] is going to be the department head. So,
[3:42:25] that's that's how we've been working.
[3:42:27] Now, uh I I think it's best that we give
[3:42:30] the department heads at least through um
[3:42:33] maybe part of through October, maybe
[3:42:36] into mid November uh to submit them. And
[3:42:39] if uh the ones that we do have that are
[3:42:43] revised, we can bring them in small
[3:42:45] batches. That gives everybody a little
[3:42:48] bit more time. Uh some of them may have
[3:42:51] just a few certifications they have to
[3:42:54] add. It's not like a full brand new job
[3:42:57] description. Um but and maybe next year
[3:43:02] with the new um judge, he'll decide that
[3:43:05] this is not the committee he wants and
[3:43:07] he wants something else. And but
[3:43:09] currently that's how we have been
[3:43:12] working with the with the department
[3:43:13] heads and the job descriptions.
[3:43:15] >> I I have a question and I I may be
[3:43:18] wrong. This is our fourth time around
[3:43:21] doing budget and everything else. But
[3:43:22] did we ever approve the compensation
[3:43:24] committee's procedures?
[3:43:26] >> That would be up to the judge because I
[3:43:29] believe the judge was
[3:43:30] >> the court approved a procedure for that.
[3:43:32] >> That committee was here before I got
[3:43:34] here.
[3:43:35] >> We don't even have procedures anywhere.
[3:43:38] I mean, I I I agree that we need
[3:43:40] procedures, but
[3:43:41] >> we can't default to another level that's
[3:43:45] not even organized and approved by the
[3:43:46] court either. But I I feel like there's a couple things going on here.
[3:43:51] If it's taking three or four months to
[3:43:53] update job descriptions, that's the
[3:43:55] first thing that we need to pay
[3:43:56] attention to that we need to be better
[3:43:58] with our recordkeeping and make sure
[3:44:00] that our job descriptions are being
[3:44:02] maintained better in every department.
[3:44:05] If there's an elected official that's
[3:44:07] not wanting to participate,
[3:44:09] that's not okay either. And we have
[3:44:11] compensation and liability and
[3:44:13] everything. if we're going to say that
[3:44:14] we're trying to do this to protect our
[3:44:16] county from liability, it goes across
[3:44:18] the board to everybody.
[3:44:21] And so I I don't know if there's just a
[3:44:23] resistance to do this or if if it's just
[3:44:26] so new to everyone that that's what the
[3:44:28] complication is that people are just not
[3:44:30] used to
[3:44:32] being checks and balances and being
[3:44:34] subject to to doing something like this.
[3:44:38] So, I'd like to I'd like to mention what
[3:44:40] the wording was for what the court
[3:44:42] adopted, and it was the countywide job
[3:44:45] description review and maintenance
[3:44:48] process. This is a new process. The
[3:44:51] instructions that I put together, I've
[3:44:54] wanted there to be every possible um
[3:44:58] scenario
[3:45:00] envisioned and address it. And that's
[3:45:02] why it's quite wordy. And then if I if the receptionist who receives those
[3:45:08] is not available, those same um
[3:45:10] instructions are repeated for me to re
[3:45:13] receive those. Um and in that pro in in
[3:45:18] the instructions, it does talk about
[3:45:19] that if it if there are minimal changes
[3:45:22] to the job description. Again, this is
[3:45:23] the first time we're doing it. We are
[3:45:25] trying to get this process together
[3:45:27] because we're trying to get on to
[3:45:29] evaluations and this is the first step.
[3:45:31] Um, so it does not all of these job
[3:45:34] descriptions have to come through
[3:45:35] commissioner's court and we may have to
[3:45:37] adjust, but the timeline that we
[3:45:39] accepted when we accepted this process
[3:45:42] was September 30th. And I have yet to
[3:45:45] talk to one department head who said
[3:45:47] that's not doable. And we have very
[3:45:50] large departments down to very minimal
[3:45:53] departments with maybe two or three
[3:45:55] people. And I have not heard in the in
[3:45:57] the department heads I've spoken with
[3:45:59] and elected officials that this is not
[3:46:00] doable. In fact, they think it's a great
[3:46:02] idea, a great process, and I have this
[3:46:05] is the first time I've really heard
[3:46:06] other than the judge um that there's a
[3:46:09] problem. So,
[3:46:10] >> so if I may weigh in um because I
[3:46:12] haven't had a chance, but I appreciate
[3:46:13] Commissioner McCall taking the bull by
[3:46:15] the horns and working on this. It's it's
[3:46:17] key to make sure that we've got the job,
[3:46:18] the pay, the paperwork, and match. And
[3:46:20] it looks like we the court order was a
[3:46:22] process, and you took great pains to do
[3:46:25] a step-by-step process of how to do it.
[3:46:28] Could we disagree on how to do it? If
[3:46:30] you've got some improvements you would
[3:46:32] like to make and help, commissioner,
[3:46:33] that would be great. She's trying to
[3:46:34] assist your department because you were
[3:46:36] not able to get it done by the end of
[3:46:38] the year. So, I applaud her on trying to
[3:46:40] get this across the finish line. So, if
[3:46:42] we've got suggestions to tweak the
[3:46:44] process, then that should be okay. And I would agree that we can't plausibly
[3:46:49] bring 100 job descriptions in. So, I I
[3:46:52] guess Commissioner, you have a plan on
[3:46:54] how we can do these in batches
[3:46:56] >> so that
[3:46:57] >> Yes. And if somebody needs some more
[3:46:58] time, I would think that you would be
[3:47:00] reasonable and allow them more time if
[3:47:01] they couldn't meet that.
[3:47:02] >> I I have,
[3:47:03] >> especially with road and bridge, we had
[3:47:05] the flood. We I've talked with the
[3:47:07] engineering department. I've I
[3:47:09] understand there are challenges. So
[3:47:12] >> there's theirs are very recent. They
[3:47:14] were just completed in 24.
[3:47:17] >> So again, we want all this is a process
[3:47:19] for every department, not the newest or
[3:47:21] the oldest. It's everybody. And we
[3:47:24] didn't we didn't say whether it was one
[3:47:27] department that just started them or
[3:47:29] not. It's a process. It's new. It's a
[3:47:31] review.
[3:47:32] >> How many have we have you received?
[3:47:34] >> Um I have received one. I'm sorry. I've
[3:47:38] received three so far and they're
[3:47:40] getting them together. They started them
[3:47:42] in July. It's a process. Um again, but I
[3:47:45] have we have appointments this week for
[3:47:47] more. And so
[3:47:49] >> I guess my question is who decides
[3:47:51] whether there's been a change?
[3:47:55] Well, it is up to the department head
[3:47:56] and again as as uh Wanita mentioned,
[3:47:59] they know what's best. They know their
[3:48:01] employees the best. And so for this
[3:48:04] initial year, we are going to start with
[3:48:06] this process. Um and that it will be up
[3:48:09] to the department head and as we review
[3:48:12] them going forward, if there are changes
[3:48:15] that need to be made and they need to
[3:48:16] come back to court, we can do that.
[3:48:18] That's who who makes the decision that
[3:48:20] there has been a change made which if
[3:48:23] there's been a change made in the job
[3:48:25] description then it must come back to
[3:48:28] commissioners for
[3:48:28] >> right and then that's stated in the
[3:48:30] directions.
[3:48:31] >> Okay. But who makes that decision? the
[3:48:34] department head and um I I would think I
[3:48:39] especially so with the ones we're going
[3:48:41] to go through that we are rewriting I
[3:48:44] have already set um requested a meeting
[3:48:46] with Juanita and uh with Jen to make
[3:48:50] sure that they're accurate uh for the
[3:48:52] full department that needs to be redone
[3:48:55] and so it'll be um HR and the department head and myself
[3:49:02] >> with all due respect The decision should
[3:49:04] be with HR as to whether or not there
[3:49:07] has been a change. They have the
[3:49:09] training. They have the knowledge about
[3:49:12] job descriptions. They are the ones that
[3:49:14] should say there is a change here and it
[3:49:17] just wasn't the word and or the.
[3:49:20] >> It was a change that needs to come back
[3:49:23] to court.
[3:49:24] >> Then I would say that she has the
[3:49:26] opportunity to let us know that and we
[3:49:28] can address it at that time. And we
[3:49:30] can't blanketly accept changes or the
[3:49:32] department head because as Wanita stated
[3:49:34] from the experience of compensation
[3:49:36] committee, we end up with job
[3:49:37] descriptions that are 10 pages long
[3:49:39] because that's what the department
[3:49:40] thinks is correct when it's not the
[3:49:43] proper way to do a job description. So
[3:49:46] again, it's the experience on the
[3:49:47] compensation committee. You I know
[3:49:49] you're new to it that we have been
[3:49:52] dealing with job descriptions for the
[3:49:53] past three years and it's not as easy as
[3:49:56] it's being made out to be.
[3:49:58] So,
[3:49:59] >> so I I go back to the fact that this is
[3:50:01] a new process and if there is a job
[3:50:03] description that HR receives that they
[3:50:05] feel has too many changes, then we can
[3:50:09] address it at that time. We will go back
[3:50:11] to the department head and get the
[3:50:13] necessary changes. I just don't think we
[3:50:15] need to wait till the end of the year.
[3:50:16] We've already pass this process through
[3:50:18] commissioner's court.
[3:50:22] So I guess are we assuming that HR is
[3:50:28] going to look at these?
[3:50:30] >> They're receiving them
[3:50:32] >> at the the last step is to get them to
[3:50:35] HR to be put in the employees file.
[3:50:38] >> But does that is your policy state there
[3:50:40] to read and review them and critique
[3:50:41] them?
[3:50:43] >> No, we can add that.
[3:50:47] Again, this is new. There's definitely I
[3:50:50] mean you're pointing out some things
[3:50:51] that need to be
[3:50:52] >> those are important things.
[3:50:54] >> So we will definitely
[3:50:56] >> like to see this come back to court next
[3:50:58] time with some instructions that are not
[3:51:00] AI written that are just simple plain
[3:51:05] language
[3:51:07] on the process. the process needs to
[3:51:09] include the final thing is that the HR
[3:51:14] department is going to review them to
[3:51:17] make sure that they meet the overall
[3:51:19] standards of HR and there have been or
[3:51:23] not been changes made.
[3:51:25] >> Okay, we can add that. Uh and I I do
[3:51:28] want to say that um we have guidelines
[3:51:30] for use of AI which I'm almost everyone
[3:51:33] I've talked to um is using and they were
[3:51:37] followed. I believe our policy is right
[3:51:39] now that AI cannot be used.
[3:51:41] >> We have guidelines right now. I don't
[3:51:42] What policy?
[3:51:44] >> Pretty sure the policy that Brian has
[3:51:45] put out was no AI uses is allowed.
[3:51:48] >> We have guidelines that were listed.
[3:51:50] >> I don't think that's correct.
[3:51:53] >> Can you show it to me?
[3:51:54] >> I can I can look for it and I wish he
[3:51:55] was here today so he could speak to
[3:51:56] that. I just I don't know that's not
[3:51:59] really part of the topic that's on our
[3:52:00] agenda. So we don't want to get off in
[3:52:01] the weeds on a topic that was addressed.
[3:52:03] So, I wanted to
[3:52:04] >> I understand that there was a comment
[3:52:05] made, but I we could talk about that
[3:52:07] offline or have an item next time to
[3:52:09] talk about it in great depth. But for
[3:52:11] now, try to if we can stay on topic. Um,
[3:52:13] if you want to have a meeting between
[3:52:15] now and next time, I think Wanita, I'm
[3:52:17] sure, would be happy to sit down. I'm
[3:52:19] happy to sit down if you think that'd be
[3:52:20] useful. Um, I can provide some
[3:52:22] information on ADA language that I like
[3:52:24] to see included in job descriptions, and
[3:52:26] we can look at the format, make sure
[3:52:28] everybody's using the same format if
[3:52:30] you'd like to do that. Um, anything we
[3:52:32] can do to help, I'm happy to to help
[3:52:33] you.
[3:52:34] >> So, we'll take no action on agenda in
[3:52:37] 25. 26 has been pulled. And now to the
[3:52:39] Berdex Center consideration office
[3:52:41] action update Berdick Center committee
[3:52:42] membership to include Judge Kahoon, uh,
[3:52:46] JP Neighbor, uh, elections administrator
[3:52:49] Stacy Decker, and to consider any other
[3:52:52] changes to committee membership to
[3:52:53] provide input and coordination regarding
[3:52:54] planning, design, construction, and
[3:52:56] imple excuse me, implementation of the
[3:52:59] Verdict Center project. Commissioner
[3:53:00] Region, Florida.
[3:53:01] >> Yes, thank you, Judge. And so, um, just
[3:53:03] to kind of update everybody, Judge Kahun
[3:53:06] has kindly come to commissioner's court
[3:53:07] and met with several of us and raised
[3:53:09] concerns about, uh, needed space for the
[3:53:11] district court. And it's our job as U
[3:53:14] commissioners who are responsible for
[3:53:16] the budget to listen to the dele the
[3:53:18] elected officials and department heads
[3:53:19] and make sure that they get what they
[3:53:21] need. At the same time, it's our
[3:53:23] responsibility to set the budget and
[3:53:25] balance those needs with everything else
[3:53:27] the county has to do. So, as I see it,
[3:53:29] we have three needs in front of us. The
[3:53:31] district court needs additional
[3:53:32] courtroom space. We're going to hear a
[3:53:33] little bit from Judge Cahoun. Judge
[3:53:34] Neighbors needs an appropriate, secure
[3:53:37] place for JP precinct 2. And elections
[3:53:39] needs adequate space to conduct
[3:53:41] elections, particularly under the new
[3:53:43] state law, and accommodate future
[3:53:45] growth. So, the Verdict Center perhaps
[3:53:47] can give us all three uh within these
[3:53:49] resources. We um will be doing a needs
[3:53:53] assessment to figure out what we're
[3:53:54] going to do long term for a justice
[3:53:56] center, but until then, we have this
[3:53:58] temporary fix. It's not long term, but
[3:54:00] um we're going to take what we have and
[3:54:02] make do. So, um I think that we just do
[3:54:06] what everybody else does in in the
[3:54:08] community, in the private sector. We
[3:54:10] take what we're given and take those
[3:54:11] dollars and go as far as we can with
[3:54:13] them. So, I've asked Judge Kahun um to
[3:54:16] join the Berdict Renault committee along
[3:54:19] with Stacy and Judge Neighbor and then
[3:54:22] anybody else who uh would like to be on
[3:54:24] the committee. I know that Commissioner
[3:54:25] Chapman, you have asked uh to bow out.
[3:54:28] So, I'm open to another commissioner to
[3:54:30] help me if if that be the um pleasure.
[3:54:33] >> I'll work with you on that.
[3:54:35] >> Okay. Thank you, Commissioner Carpenter.
[3:54:37] And so with that, we just want to expand
[3:54:38] that committee and I can make a motion,
[3:54:40] but I think real quick we'll hear from
[3:54:42] Judge Kahune and Stacy and Judge
[3:54:44] Neighbor sends his regrets. He had um a
[3:54:47] prior engagement and he just sends his
[3:54:49] thanks to the court for trying to
[3:54:50] facilitate the things he needs to do his
[3:54:53] job.
[3:54:58] I wanted to uh just uh to the extent
[3:55:02] that I had Judge Falenberg here and he's
[3:55:06] one of our two associate judges and I
[3:55:09] just wanted to remind the court that we
[3:55:11] have four judges that call Kendall
[3:55:13] County their home county. Um, and I but
[3:55:17] I also wanted to recognize that when we
[3:55:20] came here, when I wrote the letter on
[3:55:22] April 13th and we came here on May 5th,
[3:55:25] that we brought to everyone's attention
[3:55:28] that there not only was the in
[3:55:30] inadequacy of the courtroom space for
[3:55:32] the four judges, but also the inadequacy
[3:55:36] of space for the pettit jurors and the
[3:55:38] grand jurors and the inadequate space
[3:55:41] for the offices of the district attorney
[3:55:46] and the district clerk and the county
[3:55:48] clerk. And I bring that up because that
[3:55:51] was that was a global. Now, we have
[3:55:54] certain obligations
[3:55:56] underneath the code underneath the local
[3:55:58] government code of 291 and 292 to
[3:56:02] provide a courthouse and space that is
[3:56:05] necessary. But we also have requirements
[3:56:08] in the family code under 2011 to provide
[3:56:12] an adequate courtroom and quarters for
[3:56:15] our associate judges. Doc Judge
[3:56:18] Falenberg was going to come in and talk
[3:56:20] about the lack of any quarters, frankly,
[3:56:23] for our associate judges. They don't
[3:56:25] have a place to go. And when we have to,
[3:56:28] they have to try and find spaces over
[3:56:31] across the street. and he has to walk
[3:56:33] across the street to go and have that
[3:56:36] without any baiff or any security. I
[3:56:39] need you to understand that what a CPS
[3:56:41] court does is it deals with family and
[3:56:45] their children and it takes children
[3:56:47] away from some families. And if you want
[3:56:50] to talk about angry litigants, talk
[3:56:52] about your CPS courts and not having any
[3:56:55] adequate security. So, one of the things
[3:56:58] that Commissioner Wean was talking about
[3:57:02] was the ability to expand that verdict
[3:57:06] center courtroom as a band-aid,
[3:57:10] but I need it to be stressed here that
[3:57:12] it's not a permanent fix because we
[3:57:16] still won't have space for the pettit
[3:57:18] juror selection. We still won't have
[3:57:20] space for the grand jury selection. We
[3:57:23] still won't have extra space for the
[3:57:25] district attorney's office. We still
[3:57:27] won't have the space for the uh district
[3:57:30] clerk and for the county clerk's office.
[3:57:32] It is a band-aid for the four judges to
[3:57:35] be able to have somewhere to hold jury
[3:57:39] trials and to hold trials. Because as it
[3:57:41] stands, what we have to do now is if a
[3:57:45] visiting judge is hearing a case, which
[3:57:47] a visiting judge is hearing a case
[3:57:49] against the county because we recuse
[3:57:52] oursel from that,
[3:57:54] we have to step down. We don't have a
[3:57:57] space for them. So we one of the two of
[3:58:00] us has to not have court that day.
[3:58:05] Additionally, what happens is if we want
[3:58:07] to have two district court jury trials,
[3:58:10] we don't have space for two district
[3:58:12] court jury trials. We can't fit them in
[3:58:15] the two courtrooms and the two jury
[3:58:17] rooms that we have. So does this enable
[3:58:20] some space utilization for civil and
[3:58:23] family jury trials in those associate
[3:58:26] judges? Yes. but it still won't be a
[3:58:30] complete fix because it doesn't take
[3:58:33] into account everything else that is
[3:58:35] needed in the justice center. So, I'm
[3:58:37] here saying thank you to Commissioner
[3:58:41] Oian for noticing the problem that our
[3:58:45] justice partners have
[3:58:48] and for coming here and helping figure
[3:58:51] out some solution that we can at least
[3:58:54] get to where we need to be. But I do
[3:58:57] want to note that I'm still going to be
[3:59:00] coming and we still need to be talking
[3:59:03] about how are we going to get sufficient
[3:59:06] space for the district attorney's
[3:59:07] office. I know that we uh talked about
[3:59:11] having a new person coming into the
[3:59:13] district attorney's office with the DOJ.
[3:59:15] I have no idea where we're going to fit
[3:59:16] that, but that's not that problem.
[3:59:18] >> It's not housed here.
[3:59:20] >> Oh, that's good because we wouldn't have
[3:59:22] room. But um all of these things we need
[3:59:24] to talk about. Now, I know that Miss
[3:59:27] Becker needs a lot of space, too.
[3:59:30] >> Judge, just just one one point real
[3:59:32] quick. Uh Sharon, our purchasing agent,
[3:59:35] and you can correct me if I'm wrong, but
[3:59:36] I think that we have gotten the RFQ
[3:59:40] applicants in and you've formed a
[3:59:42] committee and you should be able to
[3:59:44] >> It should be coming to the next court to
[3:59:46] move forward.
[3:59:47] >> Coming to the next court to move
[3:59:48] forward. Okay. So, Judge Kahun, that is
[3:59:50] in the works.
[3:59:51] >> Good. I'm I'm I'm happy about that and I
[3:59:53] do I'm very appreciative. Um I do want
[3:59:56] to read one statement from Judge
[3:59:59] Falenberg. He had court this afternoon
[4:00:01] and when it didn't come this morning, he
[4:00:03] wrote up his his um words to me. He
[4:00:06] wanted you to know that he has 280
[4:00:09] children on his case load, his current
[4:00:11] case load right now. And out of the
[4:00:14] seven counties that he works, this is
[4:00:18] the one county that doesn't have a
[4:00:21] dedicated space for him to be able to
[4:00:24] have court in. And he does want the
[4:00:27] commissioners to know, and I quote, "The
[4:00:30] Berdick building presents a temporary
[4:00:32] solution to this problem. Were it to be
[4:00:34] built out for a secured courtroom and
[4:00:36] provided with a regular base baoof, the
[4:00:39] child protection court of South Texas as
[4:00:41] well as other potential visiting judges
[4:00:43] would have a protected space to conduct
[4:00:46] these important proceedings. This is not
[4:00:49] a permanent solution, but it is a
[4:00:51] temporary solution to a long-standing
[4:00:53] problem until something permanent can be
[4:00:55] achieved, and it will allow Kendall
[4:00:57] County to be in compliance with the law
[4:00:59] pursuant to the Texas Family Code
[4:01:01] 201.103. 103.
[4:01:05] Thank you, Judge. Stacy, you're back.
[4:01:07] >> Yes, back. Um, so I won't bore y'all
[4:01:10] with 2753. I've I've fed it into y'all
[4:01:14] for quite some time now. Um, we are
[4:01:17] working, our association um of elections
[4:01:20] administrators office, well, our
[4:01:22] association is working with uh Senator
[4:01:25] Val Paul's office on some changes to
[4:01:27] 2753. He's even openly admitted that
[4:01:31] there were a lot of unintended
[4:01:32] consequences to the great idea he had.
[4:01:36] Um, we don't know what those changes are
[4:01:38] going to look like. There are going to
[4:01:39] be some changes. It could be reduced
[4:01:42] early voting by one whole week, which is
[4:01:44] not something I'm in support of. I don't
[4:01:46] know where our association lands on
[4:01:48] that, but there are we are looking at
[4:01:50] changes to come to that bill. That's not
[4:01:52] going to happen this year. It's not.
[4:01:54] It's going to be next year, maybe even
[4:01:56] towards the end of the next year when
[4:01:58] that's implemented. And if they make
[4:01:59] these changes again, we're going to be
[4:02:01] back right where we are with the
[4:02:03] Secretary of State's office being
[4:02:04] mandated to develop an implementation
[4:02:07] plan for those changes. And we're
[4:02:09] already a year into that implementation
[4:02:12] process and it's looking like it's not
[4:02:14] going to be till the end of this year
[4:02:15] when the state actually comes out with
[4:02:17] it. Um, so right now we don't know when
[4:02:20] that's going to take effect. We know
[4:02:22] right now if everything stays on track,
[4:02:24] that's going to be the November 2027
[4:02:26] election. Um, again, those changes are
[4:02:28] up in the air. Y'all know what our needs
[4:02:30] are. Every one of y'all have been to our
[4:02:33] building. You've served as a candidate
[4:02:35] or someone running for reelection.
[4:02:37] You've seen our space and what we've had
[4:02:40] to do to make it work. Um, we have
[4:02:42] bandaided the band-aids and the
[4:02:44] band-aids. We have squished every ounce
[4:02:47] of energy or every ounce of space out of
[4:02:50] what we have right now and we cannot
[4:02:52] continue to function with overlapping
[4:02:54] processes. That's one part of this bill
[4:02:56] that's not going to go away. Our ballot
[4:02:58] board runs at the same time as early
[4:03:00] voting. Our ballot board runs at the
[4:03:02] same time as election day and central
[4:03:05] count. We have to have separated
[4:03:07] segregated areas for those. Right now,
[4:03:10] we've shifted things around from one
[4:03:12] storage room and pile a ton of people in
[4:03:15] the room where we store all of our
[4:03:16] voting equipment in. We make the spaces
[4:03:19] work.
[4:03:20] >> Um, we've taken over the break room in
[4:03:24] the annex building, completely locked it
[4:03:26] down because we have ballots in there
[4:03:29] >> by our kitchen sink, by our um cabinets
[4:03:32] and everything. We've we've done
[4:03:34] everything we possibly can to make our
[4:03:36] space work. and whatever changes are
[4:03:38] coming down the line. Even if they scale
[4:03:41] this back, which we just don't know
[4:03:43] what's going to happen with that, the
[4:03:45] problem still remains. We don't have the
[4:03:47] space that we need to continue to run
[4:03:49] elections in the way that our voters
[4:03:51] deserve. We need that space. I'm excited
[4:03:54] and I appreciate uh the court allowing
[4:03:57] us to serve on this committee to even be
[4:04:00] able to be part of the committee um to
[4:04:03] work with the judge Kahun's office and
[4:04:05] the JP2 office to see what what we can
[4:04:09] do. How can we make this space work? Is
[4:04:11] there a way to make that space work?
[4:04:12] What is everybody's needs? We've added a
[4:04:15] third department in there and I think a
[4:04:18] lot of evaluation has to, you know, be
[4:04:21] done. I don't know what that looks like
[4:04:22] for us moving forward, but I'm willing
[4:04:25] to accept a seat at the table officially
[4:04:28] and work with everybody to find
[4:04:30] something that that hopefully could work
[4:04:32] for all of us. Well, thank you very much
[4:04:34] for uh reminding us again of your needs
[4:04:36] and that is the next step and um for us
[4:04:38] to sit down with the architect. He was
[4:04:40] here, as you know, last Thursday to look
[4:04:41] at the courtroom and just see how we can
[4:04:43] configure this and take this building
[4:04:45] that's a great county asset and uh use
[4:04:49] the least amount of dollars and the
[4:04:50] maximum amount of space, you know, to
[4:04:52] get to get needs met. So, it sounds like
[4:04:54] we have a committee. And with that, I
[4:04:56] move to update the Berdick Center
[4:04:58] committee membership to include District
[4:04:59] Judge Kirsten Cahoun, Justice of the
[4:05:01] Peace, Precinct 2, Judge Neighbor, and
[4:05:04] Elections Administrator Stacy Decker, as
[4:05:06] well as Commissioner Chad Carpenter to
[4:05:09] provide input and coordination regarding
[4:05:11] the planning, design, construction, and
[4:05:13] implementation of the Ber Berdick Center
[4:05:15] project.
[4:05:16] >> Commissioner, would you still like staff
[4:05:17] to remain on the committee? I think you
[4:05:19] had Jason. Um, was there first?
[4:05:21] >> These would just be the additions. So
[4:05:23] the existing committee still stands and
[4:05:25] these are the additions. Okay. Thank
[4:05:26] you.
[4:05:27] >> Right. Motion made by and or
[4:05:29] commissioner Oian. Do I have a second?
[4:05:31] >> Second.
[4:05:31] >> Seconded by Commissioner McCall. Any
[4:05:33] further discussion?
[4:05:33] >> Yes. I just wanted to say um that I I
[4:05:36] appreciate uh Commissioner um Ouijan
[4:05:39] bringing this forward. I think it's a
[4:05:41] forwardinking approach to um meeting the
[4:05:44] county's growing needs. And um I would
[4:05:46] also like to add that I think we need to
[4:05:48] exhaust every resource we have here in
[4:05:51] the building. And I was wanted to ask and add that the commissioner's
[4:05:56] court coordinator work with the dig
[4:05:57] district judges and vid visiting judges
[4:06:00] coordinators in using the commissioner's
[4:06:02] courtroom because we need to exhaust all
[4:06:04] the spaces we have here. So um just
[4:06:08] wanted to add that
[4:06:09] >> I think she already does
[4:06:11] >> you do okay
[4:06:11] >> we utilize this when we need to. We
[4:06:14] utilize across the street in uh judge
[4:06:17] man taverns when we need to. It is it's
[4:06:20] a roving area,
[4:06:22] >> okay,
[4:06:23] >> of of use. It's
[4:06:25] >> it's a challenge. I mean, we're we're
[4:06:28] all bursting at the seams, right?
[4:06:30] >> And I'm no different than the probably
[4:06:32] the sheriff's office and and anybody
[4:06:34] else. I understand that. Um, and I tried
[4:06:38] to talk about that, but we do utilize
[4:06:41] scan across the street.
[4:06:42] >> Good. I just wanted to make sure we were
[4:06:44] using every space we had here in this
[4:06:46] building before sending uh Judge
[4:06:48] Faulenberg across the street or having
[4:06:51] to change buildings.
[4:06:53] >> Okay.
[4:06:54] >> All right. Any further discussion? Not
[4:06:56] Teresa, you're up.
[4:06:57] >> Commissioner McCall,
[4:06:59] >> I.
[4:06:59] >> Commissioner Legion,
[4:07:00] >> I.
[4:07:01] >> Commissioner Chapman,
[4:07:02] >> I.
[4:07:02] >> Commissioner Carpenter,
[4:07:03] >> I
[4:07:05] motion carries 5 to Z. There are no
[4:07:08] public hearing scheduled. So consent.
[4:07:10] >> Thank you, ladies.
[4:07:11] >> Thank you. There is items A through O on
[4:07:15] the consent agenda. Does anyone want to
[4:07:17] remove anyone for separate discussion
[4:07:18] and voting?
[4:07:20] If not, I'll entertain a motion as
[4:07:21] consent agenda items.
[4:07:23] >> Judge, I'd like to make a motion to
[4:07:26] approve the consent agenda items for
[4:07:28] August 25th, 2026,
[4:07:31] items A through O.
[4:07:33] >> Motion made by Commissioner Chapman,
[4:07:35] second by Commissioner Carpenter. Uh,
[4:07:38] any further discussion? If not, Teresa,
[4:07:40] please call the vote. Commissioner
[4:07:41] McCall.
[4:07:42] >> Hi,
[4:07:42] >> Commissioner Weer.
[4:07:43] >> Hi,
[4:07:44] >> Commissioner Chapman.
[4:07:45] >> Hi,
[4:07:45] >> Commissioner Carpenter.
[4:07:46] >> Hi,
[4:07:47] >> Judge.
[4:07:48] >> I motion carries five to zero.
[4:07:51] >> Next up, contracts. Uh 29. consideration
[4:07:55] of possible action regarding an
[4:07:56] agreement with Visit Comfort Texas to
[4:07:58] provide marketing services for the
[4:08:00] purpose of building comfort's digital
[4:08:01] brand developing wayfinding and visitor
[4:08:04] infrastructure providing marketing
[4:08:05] education and promotion for local
[4:08:06] businesses and entrepreneurs measure
[4:08:08] through tourism and visitor data that
[4:08:10] will provide to the county at a cost not
[4:08:12] to exceed 5,000 carpenter Europe judge I
[4:08:15] move that we approve the agreement with
[4:08:16] visit comfort to provide marketing
[4:08:18] services for the purpose of building
[4:08:20] comfort's digital brand developing
[4:08:21] wayfinding and visitor infrastructure
[4:08:24] providing marketing, education, and
[4:08:25] promotions for local businesses and
[4:08:28] entrepreneurs measured through tourism
[4:08:30] and visitor data that will be be
[4:08:32] provided to the county at no cost not to
[4:08:34] exceed $5,000.
[4:08:36] >> Motion made by Commissioner Carpenter.
[4:08:37] Is there a second?
[4:08:38] >> Second.
[4:08:38] by Commissioner Chapman. Any
[4:08:40] further discussion?
[4:08:41] >> Yes, Judge. This is in reference to the
[4:08:44] 5,000 that we approved earlier in the
[4:08:47] year and this is just a formal contract.
[4:08:51] Yes, the court previously discussed this
[4:08:53] and at that meeting asked that visit
[4:08:56] comfort get with me so we could have a
[4:08:58] contract in place to explain that the
[4:08:59] county is getting data in exchange for
[4:09:01] these funds. This contract does
[4:09:03] accomplish that and we recommend
[4:09:05] approval.
[4:09:06] >> Thank you.
[4:09:06] >> Okay, if there's no further discussion,
[4:09:09] Resa, please call the vote.
[4:09:10] >> Commissioner McCall
[4:09:11] >> I.
[4:09:12] >> Commissioner We
[4:09:13] >> Commissioner Chapman
[4:09:15] >> I.
[4:09:15] >> Commissioner Carpenter.
[4:09:16] >> Hi.
[4:09:16] >> Ditch.
[4:09:17] >> I. Motion carries 5 to zero. Uh
[4:09:20] consideration possible action regarding
[4:09:22] the second amendment to the license
[4:09:23] agreement for the use of the county
[4:09:24] courthouse between Kendall County and
[4:09:25] Bernie market days management to allow
[4:09:28] the event to be held on county property
[4:09:29] from 6 p.m. on October 2nd, 2026 through
[4:09:32] 9:00 p.m. on October 4th, 2026. This is
[4:09:35] our annual agreement with them with uh
[4:09:38] Bernie Market Days. So, I move to
[4:09:41] approve the second amendment to the
[4:09:43] license agreement for the use of the
[4:09:44] county courthouse between Kendall County
[4:09:45] and Bernie Market Days Management to
[4:09:47] allow the event to be held on county
[4:09:49] property from 6 p.m. on October 2nd,
[4:09:51] 2026 to 9:00 p.m. on October 4, 2026. Do
[4:09:54] I have a second? Second by or motion by
[4:09:56] the judge, second by Commissioner
[4:09:58] Chapman. Any further discussion? There
[4:10:00] being none, Teresa, please call the
[4:10:01] vote.
[4:10:02] >> Commissioner McCall,
[4:10:03] >> I.
[4:10:03] >> Commissioner Wehan,
[4:10:04] >> I.
[4:10:05] >> Commissioner Chapman,
[4:10:06] >> I.
[4:10:06] >> Commissioner Carpenter,
[4:10:07] >> I. Judge Salis.
[4:10:09] >> I motion carries 5 to zero. Next uh
[4:10:12] consideration possible action regarding
[4:10:13] the FY26 first amendment to the
[4:10:15] agreement between Kendall County and
[4:10:16] Animal Springs Volunteer Fire Department
[4:10:18] from October 1, 2025 through September
[4:10:20] 30th, 2026 with an annual allocation the
[4:10:23] amount of $37,42
[4:10:25] and an annual sip of $4,000. Chad, I
[4:10:28] will entertain your motion.
[4:10:31] Judge, I move that we approve
[4:10:34] um the FY26 first amendment to the
[4:10:37] agreement between Kindle County and Almo
[4:10:39] Springs Volunteer Fire Department from
[4:10:41] October 1st, 2025 through September
[4:10:43] 30th, 2026 with an al with an annual
[4:10:46] allocation in the amount of $37,42
[4:10:50] and an annual stipend of $4,000.
[4:10:53] >> Motion made by Commissioner Carpenter.
[4:10:54] Do I have a second?
[4:10:55] >> Seconded by Commissioner Chapman. Any
[4:10:56] further discussion? There being none,
[4:10:58] Teresa, please call the vote.
[4:11:00] Commissioner McCall
[4:11:01] >> I,
[4:11:02] >> Commissioner Region,
[4:11:03] >> I,
[4:11:03] >> Commissioner Chapman,
[4:11:04] >> I,
[4:11:05] >> Commissioner Carpenter,
[4:11:06] >> I,
[4:11:06] >> Judge Thoris,
[4:11:07] >> I, Motion carries 5 to zero. Next up,
[4:11:09] consideration possible action regarding
[4:11:11] FY26 Kendo County Emergency Medical
[4:11:13] Service and First Responder organization
[4:11:15] affiliation agreement for the fire
[4:11:17] protection emergency response services
[4:11:19] between Kendall County and Almo Springs
[4:11:21] Volunteer Fire Department. Commissioner
[4:11:22] Carpenter. Judge, I move that we approve
[4:11:25] FY26 Kindle County Emergency Medical
[4:11:27] Services and First Responder
[4:11:28] Organization Affiliation Agreement for
[4:11:30] Fire Protection and Emergency Response
[4:11:33] Services between Kendall County and Elmo
[4:11:35] Springs Volunteer Fire Department.
[4:11:36] >> Motion made by Commissioner Carpenter.
[4:11:38] Do I have a second? Second by
[4:11:39] Commissioner Chapman. Any further
[4:11:40] discussion?
[4:11:41] >> There being none, Teresa, you're up.
[4:11:43] >> Commissioner McConnell,
[4:11:44] >> I.
[4:11:45] >> Commissioner Wean,
[4:11:46] >> I.
[4:11:46] >> Commissioner Chapman,
[4:11:47] >> I.
[4:11:48] >> Commissioner Carpenter,
[4:11:49] >> I.
[4:11:49] >> Judge Delarzek,
[4:11:50] >> I. Motion carries five to zero. Next up,
[4:11:53] consideration of possible action around
[4:11:54] the FY26 HIPPA business associate
[4:11:56] agreement between Kendall County and
[4:11:57] Elmo Springs Volunteer Fire.
[4:11:59] Commissioner Carpenter.
[4:12:00] >> Judge, I move that we approve the FY26
[4:12:02] HIPPA business associate agreement
[4:12:04] between Kendall County and Elmo Springs
[4:12:06] Volunteer Fire Department.
[4:12:07] >> Motion made by Commissioner Carpenter,
[4:12:08] seconded by Commissioner Chapman. Any
[4:12:10] further discussion? There being none,
[4:12:12] Teresa.
[4:12:13] >> Commissioner McCall
[4:12:14] >> I.
[4:12:15] >> Commissioner Wink.
[4:12:16] >> I.
[4:12:16] >> Commissioner Chapman.
[4:12:17] >> I.
[4:12:18] >> Commissioner Carpenter.
[4:12:20] >> Hi. Motion cars 5 to zero. Next up,
[4:12:22] considering poss consideration possible
[4:12:24] action regarding the request for the
[4:12:26] Comfort Athletic Booster Club to use
[4:12:28] Saltine Field to Comfort to host an
[4:12:30] event which will entail building a
[4:12:32] bonfire and lighting it on fire on
[4:12:34] September 9th, 2026. Commissioner
[4:12:36] Carpenter.
[4:12:37] >> Yes. Um I just a few words on this real
[4:12:40] quick. Um we realize we have a burn van.
[4:12:43] We're also um the bonfires is staffed by
[4:12:47] the fire department and it's in an area
[4:12:49] where it's well protected and so I
[4:12:52] talked to Brady about this last night,
[4:12:53] but it will be manned the whole time
[4:12:56] until it's done.
[4:12:57] >> Thank you for clarifying that,
[4:12:59] >> Judge. I move that we approve uh the
[4:13:02] request from the Comfort Athletic
[4:13:04] Booster Club to use Faline Field and
[4:13:05] Comfort to host an event which will
[4:13:07] entail the building of a bonfire and
[4:13:09] lighting it on fire September 9th, 2026.
[4:13:13] Motion made by Commissioner Carpenter.
[4:13:14] Is there a second?
[4:13:15] >> Second.
[4:13:15] by Commissioner Chapman. Any
[4:13:17] further discussion? There being none,
[4:13:18] Teresa, you're up.
[4:13:19] >> Commissioner McColl,
[4:13:21] >> I.
[4:13:21] >> Commissioner Wean,
[4:13:22] >> I.
[4:13:23] >> Commissioner,
[4:13:24] >> I.
[4:13:24] >> Commissioner Carpenter,
[4:13:25] >> I.
[4:13:25] >> Judge Dela,
[4:13:26] >> I. Motion carries 5 to zero. Uh,
[4:13:29] consideration possible action regarding
[4:13:31] request for road closures for the
[4:13:32] Comfort Annual Homecoming Parade to be
[4:13:34] held on September 9th, 2026 at the
[4:13:36] following locations. Fifth Street to
[4:13:38] Main Street, uh, Fifth Street and High
[4:13:40] Street, High Street and Fifth Street to
[4:13:42] H Street, and 8th Street to Main Street.
[4:13:44] Commissioner Carpenter.
[4:13:45] >> Judge, I move that we approve the Road
[4:13:47] Closers for Comfort annual Homecoming
[4:13:49] Parade to be held on September 9th, 2026
[4:13:52] at the following locations: Fifth Street
[4:13:54] and Main Street, Fifth Street and High
[4:13:56] Street, High Street, from Fifth Street
[4:13:58] to 8th Street, and from 8th Street to
[4:13:59] Main Street. Uh, this would start I
[4:14:02] think this would start at um, Do we need
[4:14:04] a time on there?
[4:14:06] It'd probably be nice if we do that.
[4:14:08] >> Okay.
[4:14:10] >> I don't think that a time was submitted,
[4:14:12] but I'm sure that we can get that
[4:14:14] information and make sure there's a
[4:14:15] public announcement of when that will
[4:14:16] happen.
[4:14:20] » That's my fault. Um,
[4:14:22] >> do you think it's the same as the
[4:14:23] bonfire or the It's
[4:14:25] >> It's right before the bonfire. So, it it
[4:14:28] would be around six o'clock.
[4:14:33] Um,
[4:14:34] >> maybe start at 5:30.
[4:14:36] >> In the early evening hours. Yeah. Let's
[4:14:38] just keep it vagger. Okay.
[4:14:40] >> So, in the early evening hours on those
[4:14:42] dates.
[4:14:42] >> In the early evening hours. Okay.
[4:14:44] >> I'm cool with that. That work?
[4:14:46] >> Okay.
[4:14:47] >> We amend your motion to include in the
[4:14:49] early evening hours.
[4:14:49] >> Yeah. Amend my motion to include um the
[4:14:52] evening early evening hours on September
[4:14:55] 9th, 2026.
[4:14:56] >> That motion second by Commissioner
[4:14:57] Chapman. Any further discussion? Please, call the vote.
[4:15:00] >> Commissioner McCall.
[4:15:01] >> I. Commissioner Legion.
[4:15:03] >> Hi.
[4:15:03] >> Commissioner Chap.
[4:15:05] >> I.
[4:15:05] >> Commissioner Carpenter.
[4:15:06] >> I.
[4:15:07] >> Judge Delic.
[4:15:07] >> I. Motion carries. I
[4:15:09] >> Next up, consideration possible action
[4:15:11] regarding the proposal for 2026 services
[4:15:13] renewal with NUMO Group LLC for the
[4:15:16] agreement for Vanguard Records
[4:15:18] Management and Imaging System Software
[4:15:19] Hardware Solution for the County Clerk's
[4:15:21] Office for Fiscal year 2025 2026 in the
[4:15:24] amount of 68,617.50.
[4:15:29] Which contract will auto automatically
[4:15:31] renew on October 1, 2026
[4:15:34] for an additional one-year term and
[4:15:36] authorize the county judge to execute
[4:15:37] the documents? Sharon, I'll let you.
[4:15:39] >> Okay. So, this cont this item is um to
[4:15:41] ask the court's approval for a contract
[4:15:43] with Neimu, the vendors called Neimu Tax
[4:15:46] and Licensing LLC for the county clerk's
[4:15:48] cloud filing management services and
[4:15:50] property alert system. Um this service
[4:15:53] has originally been the service that's
[4:15:54] been provided through co-file but
[4:15:56] through a conversion within cofile they
[4:15:58] sold it to NEMU. So we have to this is
[4:16:00] to this contract would be to formalize
[4:16:03] the agreement with neu versus um with
[4:16:05] govos or cofile was before. Um the
[4:16:08] county has continued to utilize this
[4:16:10] service and it's still in place and she uses it. So, the contract will just
[4:16:14] be for we need to do the contract for
[4:16:16] this fiscal year we're in and it'll
[4:16:17] include a one-year extension if agreed
[4:16:20] to by both parties and if the funds are
[4:16:22] in the budget for for next year. And um
[4:16:24] we'd like to ask that y'all um approve
[4:16:27] it contingent upon general counsel's
[4:16:29] final review and approval just because
[4:16:31] there's a little bit of kinks we're
[4:16:32] still working out with them with the
[4:16:34] secretary of state registration and and
[4:16:36] such. So,
[4:16:38] >> uh, I move to,
[4:16:41] uh,
[4:16:43] approve the proposal for 2026 services
[4:16:46] renewal from the Nemo Group LLC for the
[4:16:48] agreement for Vanguard Records
[4:16:49] Management and Imaging System Software
[4:16:51] Hardware Solution for the County Clerk's
[4:16:53] Office for Fiscal year 2025 to 2026 in
[4:16:56] the amount of $68,617.50,
[4:16:58] 50 cents. Which contract will
[4:17:00] automatically renew on October 1, 2066
[4:17:03] for an initial one-year term and
[4:17:04] authorize the county judge to execute
[4:17:06] necessary documents contingent on
[4:17:08] general counsel's approval? Do I have a
[4:17:09] second?
[4:17:10] >> Second.
[4:17:10] >> Seconded by Commissioner Wean. Any
[4:17:12] further discussion?
[4:17:13] >> I did notice that in the URL because I
[4:17:15] go to that website a lot and great
[4:17:17] research and had the little end, you
[4:17:19] know, kind of like in the logo. So, I
[4:17:20] wondered what that was.
[4:17:23] >> Their new branding.
[4:17:24] >> Yeah.
[4:17:25] >> Okay. If there's no further discussion,
[4:17:28] you're up.
[4:17:29] >> Commissioner McConnell
[4:17:30] >> I,
[4:17:30] >> Commissioner Wson,
[4:17:31] >> I.
[4:17:32] >> Commissioner Chapman,
[4:17:33] >> I.
[4:17:34] >> Commissioner Carpenter,
[4:17:35] >> I judge.
[4:17:36] >> I motion carries 5 to zero.
[4:17:38] >> Thank you.
[4:17:39] ladies. Next up,
[4:17:40] consideration possible action regarding
[4:17:42] an amendment to the Hill Country Energy
[4:17:44] Subregional Planning Commission
[4:17:45] interlocal agreement to renew the
[4:17:47] agreement for FY 2027. Commissioner
[4:17:49] Nicole and Commissioner.
[4:17:51] >> Yes. Um, on April 28th, 2025,
[4:17:55] Kendall County Commissioner's Court
[4:17:56] approved I'm sorry, on April 28th, 2026,
[4:17:59] Commender County Commissioners Court
[4:18:01] approved an amendment to the Hill
[4:18:03] Country Energy Subregional Planning
[4:18:05] Commission's interlocal agreement to
[4:18:07] address oversightes in the November 2025
[4:18:09] agreement. Specifically, the amendment
[4:18:12] revised the board membership structure
[4:18:13] to reflect the addition of Gillespie
[4:18:16] County and clarify Gillespie County's
[4:18:18] responsibility for appointing a
[4:18:20] landowner representative to the board
[4:18:22] within the established rotation of odd
[4:18:24] and even years. The amendment before the
[4:18:26] court today updates the term of the
[4:18:29] interlocal agreement from its current
[4:18:30] expiration date of September 30th, 2026
[4:18:34] to a new term beginning October 1st,
[4:18:37] 2026 and ending September 30th of 2027.
[4:18:40] Both Gillespie and Kerr counties have
[4:18:43] adopted this amendment with the
[4:18:44] unanimous support of the respective
[4:18:46] commissioner's courts.
[4:18:48] >> Okay. At this time, I'll entertain your
[4:18:49] motion. So I move to approve an
[4:18:51] amendment to the Hill Country Energy
[4:18:53] Subregional Planning Commission HCESRPC
[4:18:56] interlocal agreement to renew the
[4:18:59] agreement through FY2027.
[4:19:02] >> Motion made by Commissioner McCall. Do I
[4:19:03] have a second?
[4:19:04] >> Second.
[4:19:04] >> Seconded by Commissioner Carpenter. Any
[4:19:06] further discussion? There being none,
[4:19:08] Teresa, please call.
[4:19:09] >> Commissioner McCall,
[4:19:10] >> I.
[4:19:11] >> Commissioner Ouija,
[4:19:12] >> I.
[4:19:12] >> Commissioner Chapman,
[4:19:13] >> nay.
[4:19:14] >> Commissioner Carpenter,
[4:19:15] >> I.
[4:19:15] >> Judge Sarzic,
[4:19:16] >> nay. Motion carries three to two with
[4:19:18] commissioners from one, two, and four in
[4:19:20] favor and the judge and Chapman
[4:19:21] Commissioner Chapman against. Next, uh
[4:19:24] consideration and possible action on
[4:19:25] approving the final PL establishing the
[4:19:27] Kerski Ranch located on the southeast
[4:19:29] side of Ammon Road about.17 miles east
[4:19:33] of Savannah John Boulevard in accordance
[4:19:36] with the 2022 development regulations
[4:19:38] create 11 lots with an average lot size
[4:19:40] of 10.051 051 acres per lot and 5,748
[4:19:45] linear feet of private roadway and each
[4:19:46] lot will be served by individual well
[4:19:48] and individual on-site sewage
[4:19:49] facilities.
[4:19:52] >> Hello. All right, Nick, what do you got
[4:19:53] for us?
[4:19:54] >> Uh, yes. So, this is a for a single
[4:19:56] family resident uh resident uh plat
[4:19:59] that's going to create 11 lots with an
[4:20:02] average average acreage of over 10. Um,
[4:20:05] it's also going to lay out or and extend
[4:20:07] an existing road, Kerski ranch and and
[4:20:12] uh improve it to fire code standards.
[4:20:13] These will be serviced by individual
[4:20:16] septic uh and well and there was a
[4:20:20] request for relief that was approved
[4:20:21] back in April 2024 to to allow this road
[4:20:25] to be built to fire code standards and
[4:20:26] also for the waving of the gar. And uh
[4:20:29] we've we uh we've done a thorough review
[4:20:32] of this uh plat and uh we're being for
[4:20:35] approval. At this time motion,
[4:20:38] commissioner region.
[4:20:38] >> Judge, I move to approve the final plat
[4:20:41] establishing the Kerska Ranch located on
[4:20:42] the south side of Ammon Road about 0.17
[4:20:45] miles east of Savannah John Boulevard in
[4:20:48] accordance with the 2022 development
[4:20:50] regulations to create 11 lots with an
[4:20:52] average lot size of 10.051 051 acres per
[4:20:55] lot and 5,748 linear feet of private
[4:20:58] roadway and each lot will be served by
[4:21:00] individual well and individual on-site
[4:21:02] sewage facilities.
[4:21:03] >> Motion made by Commissioner Legion. Do I
[4:21:05] have a second?
[4:21:05] >> Second.
[4:21:06] >> Seconded by Commissioner McCall. Any
[4:21:07] further discussion? There being none,
[4:21:09] Teresa, please call the vote.
[4:21:10] >> Commissioner McCau
[4:21:11] >> I.
[4:21:12] >> Commissioner Legion.
[4:21:13] >> I.
[4:21:13] >> Commissioner Chapley.
[4:21:14] >> I.
[4:21:15] >> Commissioner Carpenter.
[4:21:16] >> I.
[4:21:16] >> Judge.
[4:21:17] >> I. Motion carries five to zero. Next up,
[4:21:21] >> three years
[4:21:22] >> consider
[4:21:24] you have one more, ma'am.
[4:21:26] Consideration and possible action
[4:21:27] improving the financial guarantee for
[4:21:29] the final plat establishing the Persie
[4:21:30] Ranch located on the south side of Ammon
[4:21:33] Road about.17 miles east of Savannah
[4:21:36] John Boulevard in the form of a
[4:21:37] cashier's check in the amount of
[4:21:39] 216,8702
[4:21:45] to secure the construction of a required private road. Mr. Region.
[4:21:51] >> All right, judge. I move to approve the
[4:21:53] financial guarantee for the final plat
[4:21:55] establishing the Kerska Ranch located on
[4:21:57] the south side of Ammon Road about 0.17
[4:22:00] miles east of Savannah John Boulevard in
[4:22:03] the form of a cashier's check in the
[4:22:04] amount of $216,87022
[4:22:09] to secure the construction of a required
[4:22:11] private fire road.
[4:22:13] >> Uh motion made by Commissioner Region.
[4:22:15] Do I have a second? Second.
[4:22:16] >> Second by Commissioner McCll. Any
[4:22:18] further discussion? If not, Teresa,
[4:22:20] please call the vote. Commissioner
[4:22:21] McCau.
[4:22:21] >> Hi,
[4:22:22] >> Commissioner Le.
[4:22:23] >> Hi,
[4:22:24] >> Commissioner Chapman.
[4:22:25] >> Hi,
[4:22:25] >> Commissioner Carpenter.
[4:22:26] >> I
[4:22:28] motion carries.
[4:22:31] >> Thanks for your patience all day.
[4:22:33] >> We start construction.
[4:22:35] >> Uh, next up,
[4:22:36] >> consideration. You're welcome.
[4:22:38] Consideration possible action approving
[4:22:40] the replat of town of Comfort creating
[4:22:41] lots 21B1
[4:22:43] 21B2 located in 119 idle wide comfort
[4:22:47] about 23 miles east of US highway 87 in
[4:22:50] accordance with the 2022 development
[4:22:52] ress
[4:22:54] to create two lots out of 1.486 acres
[4:22:57] with an average lot size of 743 acres
[4:22:59] per lot
[4:23:01] and both lots shall be served by water
[4:23:04] and sewer from WCID number one. Public
[4:23:06] hearing was held April 14th, 2026, and
[4:23:08] one comment letter opposing the
[4:23:09] development was received the same day.
[4:23:11] Julie Katherine Quest Brooks on behalf
[4:23:14] Country Properties. All right, I'll hand
[4:23:17] it over to Commissioner Park. Go ahead.
[4:23:19] >> Oh, sure, Nick. Sorry.
[4:23:20] >> So, this is uh so this is a lot right
[4:23:22] off of Vital Wild that's supposed to be
[4:23:24] split into two. Um it'll be serviced WC
[4:23:27] by WC. We did receive a letter from WCID
[4:23:30] saying they will service both lots. Um
[4:23:32] they're currently serving an existing
[4:23:34] structure on one of those lots and said
[4:23:35] they will service the remaining
[4:23:37] structure of up to equivalent of a of
[4:23:40] one office building with one bathroom.
[4:23:43] Um and there is flood plane on there. We
[4:23:45] and that was mapped out on the on the
[4:23:47] plat uh along with the base flood
[4:23:49] elevation is going to be captured. Um we
[4:23:53] did receive that one letter uh opposing
[4:23:55] just before the public hearing. Um but
[4:23:57] nobody came up to speak.
[4:24:00] I did forward that letter to
[4:24:01] commissioner's court the day after. So I
[4:24:03] don't have much
[4:24:04] >> at this time. I entertain a motion as to
[4:24:06] agenda item 40.
[4:24:07] >> Do you want to say anything? Go.
[4:24:10] >> Judge, I move that we approve the replat
[4:24:12] of town of Comfort creating lots
[4:24:14] 21B-121B-2
[4:24:16] located at 119 Idle Wild Comfort about.
[4:24:20] 23 miles east of US Highway 87 in
[4:24:24] accordance with the 2022 development
[4:24:26] regulations to create two lots out of
[4:24:28] 1.486 acres with an average lot size
[4:24:31] of.743
[4:24:33] acres per lot and both lots shall be
[4:24:36] served water and sewer from WC number
[4:24:38] one. Public hearing was held April 14th,
[4:24:41] 2026 and one comment letter opposing the
[4:24:43] development was received the same day.
[4:24:46] >> Uh motion made by Commissioner
[4:24:48] Carpenter. I have a second. Second.
[4:24:49] >> Second by Commissioner Chapman. Any
[4:24:51] further discussion? There being none,
[4:24:53] please call the vote.
[4:24:55] >> Commissioner McCall
[4:24:56] >> I.
[4:24:56] >> Commissioner Ouijan.
[4:24:57] >> I.
[4:24:58] >> Commissioner Chapman.
[4:24:59] >> I.
[4:24:59] >> Commissioner Carpenter.
[4:25:00] >> I.
[4:25:01] >> Judge Sto.
[4:25:02] >> I. Motion carries 5 to zero. Next up,
[4:25:05] consideration possible action on
[4:25:06] approving the final plat of Freedom
[4:25:08] Place Business Park, a subdivision
[4:25:10] located in the intersection of Upper
[4:25:12] Cibilo Creek Road and IH10 in accordance
[4:25:14] with the 2022 development rules. Revos
[4:25:17] private subdivision would plat which
[4:25:20] plat would create three lots out of
[4:25:21] 14.546 acres for an average lot size of
[4:25:24] 4.849 acre lot and one lot create and on
[4:25:29] one lot create 40 units lot shall be
[4:25:31] served by subdivision public water
[4:25:34] system and individual on-site systems.
[4:25:37] Mr. Carpenter or Clay, sorry.
[4:25:40] >> Sir, Clay Forester, County Injuries
[4:25:41] Office. Um, judge commissioners, this uh
[4:25:45] this plat is uh consists of three lots,
[4:25:48] one of which is a multi-unit plat. Court
[4:25:50] previously granted relief to um allow
[4:25:53] fencing to not be constructed as a part
[4:25:56] of this plat. Um and the neighbors were
[4:25:58] in concurrence. They supported uh the uh effort with letters. Um so um
[4:26:05] items of note uh the development has
[4:26:07] completed a GAR reviewed by our office.
[4:26:09] Um they will be providing a public water
[4:26:11] system that serves all three tracks. Um
[4:26:13] they're also all three tracks are going
[4:26:15] to be uh supplied with um on-site sewage
[4:26:20] facilities for each tract. Um the
[4:26:22] northern tract is a little tight on real
[4:26:25] estate for that. Um our office has
[4:26:27] reviewed it thoroughly. Um and uh
[4:26:31] between the the design provided and some
[4:26:34] of the covenants and restrictions that
[4:26:36] to which the developers agreed, we are
[4:26:37] satisfied that the lot um will have a
[4:26:40] use that's appropriate to the
[4:26:41] availability of septic for the for that
[4:26:43] northern lot. Um also this track does uh
[4:26:47] this development does have two access
[4:26:49] points. One north on IH10 frontage road
[4:26:51] and one on the south side um on upper
[4:26:54] creek road. But between the northern lot
[4:26:56] and the central lot, it is going to be
[4:26:58] gated. So the commercial traffic will
[4:27:00] all be accessing from the north and it
[4:27:02] will only be uh residential or local
[4:27:04] traffic accessing off Upper Cibilo Creek
[4:27:06] Road. Um also as a part of the project
[4:27:09] in accordance with our rules, um the
[4:27:10] developers agreed within the limits of
[4:27:13] rough portionality to widen Upper Cibilo
[4:27:15] Creek Road along their front edge along
[4:27:16] that road. Um and we've uh reviewed
[4:27:19] plans. We have a OPC which will be
[4:27:21] considered on your next item for a
[4:27:23] financial guarantee for the project. Um,
[4:27:25] and I'm happy to answer any questions
[4:27:27] y'all have.
[4:27:30] » Remind me what other requests for relief
[4:27:32] were discussed.
[4:27:33] >> Yes, sir. Um, there w there were two.
[4:27:36] One was for placing, I believe, a well
[4:27:38] structure within the setback along the
[4:27:40] I10 frontage road
[4:27:41] >> and that was denied.
[4:27:42] >> Correct. Okay. And then the other was uh
[4:27:44] to eliminate uh the perimeter fencing
[4:27:47] required as part of our multi-unit
[4:27:48] platting for the northern lot and that
[4:27:50] was approved. And and does that because
[4:27:54] that was all allowed. Is that why it
[4:27:56] mean you're able to approve
[4:28:01] everything else because you said it's
[4:28:02] tight on the northern quarters?
[4:28:04] >> Um I don't know. The the fencing
[4:28:06] wouldn't have been related to that. It
[4:28:07] was just with the the site plan
[4:28:09] presented. It was um it's just a it's a
[4:28:13] piece of real estate is laid out.
[4:28:14] There's flood plane also through the
[4:28:15] property to the south. They've avoided
[4:28:17] any type of impacts to the flood plane.
[4:28:20] Um, and then from there they're they're
[4:28:22] looking to maximize the number of units
[4:28:24] so they can provide general office space
[4:28:26] and warehouse I believe is the is the
[4:28:28] mix. And so they have a they have a plan
[4:28:30] that works and is to to our
[4:28:32] satisfaction.
[4:28:33] >> All right, judge. If I may, quick
[4:28:35] comments. My name is Ben Briggs. I grew
[4:28:37] up in Dallas. Uh, lived in Asia for 17
[4:28:40] years and have called Bernie home for
[4:28:43] the last four years, the Bernie area.
[4:28:46] Um, thank you for all of uh the support
[4:28:49] of the commissioners and the court uh
[4:28:51] for the engineers department especially.
[4:28:54] Um, Freedom Place Business Park, which
[4:28:57] we're building here, is going to be uh
[4:28:59] for small businesses, and it's going to
[4:29:01] really help bring in uh small companies
[4:29:03] and create jobs, create enterprise, and build up Kendall County. And we're
[4:29:07] excited about that. um when my wife and
[4:29:10] I were living overseas, we helped start
[4:29:12] a ministry in the red light districts of
[4:29:14] our city and started learning about
[4:29:17] human trafficking. And because of that,
[4:29:19] uh we have aspired for our real estate
[4:29:22] business to fund charities that are
[4:29:24] fighting human trafficking. And so part
[4:29:26] of what I'm excited about with this
[4:29:27] project is that aspect of it. Um, but
[4:29:31] special thanks to the engineers office,
[4:29:33] to Clay, to Marielle, and to Nick, to
[4:29:35] everybody who's got us across uh this
[4:29:38] far. Thanks to James and Sterling, uh to
[4:29:41] Amy and Becky at the EDC, uh to
[4:29:43] Commissioner Carpenter, and so much
[4:29:45] support from everybody. So, very
[4:29:47] thankful uh to get across this finish
[4:29:49] line. Thank you'all.
[4:29:50] >> Thank you.
[4:29:52] At this time, Chad, I'll consider or
[4:29:53] enter your motion.
[4:29:55] >> Judge, I move that we approve the final
[4:29:57] plat of Freedom Place Business Park, a
[4:29:59] subdivision located at the intersection
[4:30:00] of Upper Perilo Creek Road and I IH10 in
[4:30:04] accordance with the 2022 development
[4:30:05] rules. The proposed private subdivision
[4:30:08] plat would create three lots out of
[4:30:10] 14.546 acres for an average lot size of
[4:30:14] 4.849 acres per lot and on one lot
[4:30:17] create 40 units. The lots shall be
[4:30:20] served by a subdivision of public water
[4:30:22] system and individual on-site septic
[4:30:25] systems.
[4:30:26] >> Motion made by Commissioner Carpenter.
[4:30:27] Do I have a second?
[4:30:28] >> Second.
[4:30:28] >> Seconded by Commissioner Chapman. Any
[4:30:30] further discussion?
[4:30:31] >> I do have one uh comment.
[4:30:33] >> Yes, sir.
[4:30:34] >> Do this and the previous uh item which
[4:30:39] we approve. Both meet our rules.
[4:30:42] >> Yes, sir.
[4:30:43] >> Both are meet both are using more water.
[4:30:47] And in looking at the both the Twin
[4:30:50] Canyon Well and the Comfort Well,
[4:30:55] with two years of uh July flooding, the
[4:30:58] Comfort Well is up one foot over its
[4:31:03] low. And so
[4:31:06] that's going to be a problem. I've said
[4:31:09] this many times, I'm going to keep
[4:31:11] saying it. And with the Twin Canyon,
[4:31:14] well, uh, this right now it's at the
[4:31:18] roughly the second lowest
[4:31:21] since, uh, 2019.
[4:31:25] So, at some point in time, all of these
[4:31:28] wells are going to hit bottom and then
[4:31:31] this land is not going to be worth
[4:31:34] anything without water.
[4:31:36] So, but it is does follow the rules and
[4:31:40] I feel that I must vote accordingly.
[4:31:44] >> Thank you.
[4:31:46] >> Commissioner McCau
[4:31:47] >> I
[4:31:47] >> Commissioner Wean
[4:31:48] >> I
[4:31:49] >> Commissioner Chapman
[4:31:50] >> I
[4:31:51] >> Commissioner Carpenter
[4:31:52] >> I
[4:31:52] >> Darzik
[4:31:53] >> I motion vote or motion carries 5 to
[4:31:56] zero. Next up, consideration possible
[4:31:58] action approving the financial guarantee
[4:31:59] for Freedom Place Business Park in the
[4:32:01] form of a bond in the amount of $411,755
[4:32:06] and 89 cents to secure required road and
[4:32:09] drainage improvements. Chad, I'll
[4:32:11] entertain your motion.
[4:32:12] >> Judge, I move that we approve the
[4:32:14] financial guarantee for Freedom Place
[4:32:16] Business Park in the form of a bond in
[4:32:18] the amount of $411,755.89
[4:32:23] 89 cents to secure required road and
[4:32:25] bridge road and drainage improvements.
[4:32:27] >> Motion made by Commissioner Carpenter,
[4:32:29] second by Commissioner Chapman. Any
[4:32:31] further discussion? There being none,
[4:32:32] Terresa, you're up.
[4:32:34] >> Commissioner McCall
[4:32:35] >> I.
[4:32:35] >> Commissioner Rean
[4:32:36] >> I.
[4:32:37] >> Commissioner Chapman
[4:32:38] >> I.
[4:32:38] >> Commissioner Carpenter.
[4:32:39] >> Hi.
[4:32:40] >> Judge.
[4:32:40] >> I. Motion carries five to zero. And last
[4:32:43] but not
[4:32:44] >> judge, I know it's been a long day. Can
[4:32:45] I get a quick picture?
[4:32:46] >> Oh, absolutely.
[4:32:53] You're famous.
[4:32:57] » You want it with the whole court or what
[4:32:58] do you want?
[4:32:59] >> I'll take it.
[4:33:01] >> No, I'll go for it. Judge.
[4:33:04] >> No, she they just want the engineering
[4:33:06] department.
[4:33:10] » Get in there.
[4:33:11] >> Get me in trouble.
[4:33:24] Hey, James. I did this behind you,
[4:33:27] >> sir.
[4:33:28] >> But not where anybody could see.
[4:33:38] » All right. Homestretch
[4:33:42] consideration possible action regarding
[4:33:44] future meetings between commissioners
[4:33:45] court employees reporting directly to
[4:33:47] commissioners court during public
[4:33:49] meetings and open sessions as
[4:33:51] appropriate to allow the direct reports
[4:33:53] a regular opportunity to communicate
[4:33:54] with their supervisor to discuss various
[4:33:56] matters which may include job duties and
[4:33:59] responsibilities challenges concerns
[4:34:01] departmental operations and upcoming
[4:34:03] projects commissioner region
[4:34:04] commissioner Carpenter I'll hand off to
[4:34:06] whoever wants to take lead
[4:34:07] >> I'll kick us off So, we've talked about
[4:34:09] doing this for some time. Commissioner's
[4:34:10] Court does supervise a number of
[4:34:12] employees and department heads, and I
[4:34:14] think we need a regular opportunity to
[4:34:16] hear from them. So, it's just simply a
[4:34:18] chance to talk with them about what
[4:34:19] they're working on, any challenges or
[4:34:21] concerns, budget or staffing needs, and
[4:34:24] upcoming projects. And we can certainly
[4:34:26] take guidance from um general counsel on
[4:34:28] what she thinks, but my thought is to
[4:34:29] put one or two at a time on the court
[4:34:31] agenda and work our way through the
[4:34:33] direct reports throughout the year. and
[4:34:35] some discussions will be in open session
[4:34:37] and when appropriate general counsel can
[4:34:39] guide us into close session. It's uh
[4:34:41] about better communication between the
[4:34:43] court and the people. And just looking
[4:34:44] at the organizational chart offhand
[4:34:47] we've got um reporting to the court,
[4:34:50] general counsel, county engineer,
[4:34:53] facilities, building maintenance, IT,
[4:34:55] human resources, fire marshall, health
[4:34:58] inspector inspector, veteran services,
[4:35:01] indigent health, parks, and the grant
[4:35:03] coordination. So, there's quite a few.
[4:35:05] So, um I'll leave it up to you all to
[4:35:07] see how we should proceed and if we need
[4:35:09] an action item or adjust it any time a
[4:35:11] commissioner can put something on the
[4:35:13] agenda. Maybe you could facilitate that
[4:35:15] or Melissa, whoever sends the first one
[4:35:18] or two.
[4:35:18] >> I don't even think you need a vote on
[4:35:20] this. I just think it'd be as long as
[4:35:22] it's a concurrence that that's what we
[4:35:24] want. Just put it on the
[4:35:27] get with Jen and have Jen put it get
[4:35:29] with Melissa to do it. I think that's
[4:35:31] the cleaner way because I just to me
[4:35:33] this is just a
[4:35:36] >> internal operating procedure that if we
[4:35:38] agree to it that's I think that's
[4:35:40] sufficient if we're all
[4:35:41] >> if you would give us some guidance on
[4:35:43] how you would like to select the
[4:35:45] employees for each meeting um that would
[4:35:48] be helpful if you want to go
[4:35:48] alphabetical by employees last name
[4:35:51] alphabetical by department or some other
[4:35:54] method of of choosing who you want to
[4:35:55] speak with first um Melissa and I'd be
[4:35:58] happy to help facilitate those for
[4:36:01] I'm open to any suggestions. Alpha works
[4:36:03] as well. Judge, do you have an idea?
[4:36:06] >> Or if there's specific departments you'd
[4:36:08] like to see first because you have a lot
[4:36:09] of things going on currently with those
[4:36:11] department.
[4:36:12] >> Just go down the phone list. Okay.
[4:36:13] >> That's a easy to do.
[4:36:15] >> Yeah. And I mean, it's going to be in a
[4:36:19] rotation anyway. So, somebody's going to
[4:36:21] go first and somebody's last and it'll
[4:36:24] be that'll start all over.
[4:36:25] >> Yeah.
[4:36:27] you'd like to start with two um and
[4:36:29] maybe even give them a time limit for
[4:36:31] the close session um to start off with
[4:36:34] that if you think that's idea. It's up
[4:36:37] to you guys.
[4:36:38] >> I say let's start like October 1st in a
[4:36:41] new fiscal fiscal year and just that way
[4:36:43] because we got some things we had to
[4:36:44] plow through in the next month.
[4:36:46] >> So like the budget and whatnot. So
[4:36:48] that's my
[4:36:49] >> and the goal would be to keep it between
[4:36:52] 20 and 30 minutes each. Right. I say 15
[4:36:56] 20 tops each. I think you know some of
[4:36:59] them may not even need all that time.
[4:37:01] >> And some may or may not need to go into
[4:37:03] close session.
[4:37:04] >> Correct.
[4:37:04] >> As well. Well, we can take the org
[4:37:06] chart.
[4:37:07] >> Yeah. Whatever
[4:37:08] >> right there.
[4:37:09] >> General counsel county engineer are the
[4:37:10] first top two.
[4:37:13] >> All right.
[4:37:13] >> But whatever y'all want to do. I would
[4:37:14] also add that um the wording on the
[4:37:17] agenda item is scary sounding to a lot
[4:37:19] of people because it says duties and
[4:37:20] responsibilities of blank and including
[4:37:24] the dismissal and I mean there's a lot
[4:37:25] of different words that go into those
[4:37:27] agenda items. So
[4:37:28] >> I think we'll talk we have roundt coming
[4:37:30] up this week. I don't know who's who's
[4:37:31] with me at round table.
[4:37:32] >> I think directly from the statute for
[4:37:34] the personnel um matters that's an
[4:37:37] exception under the public pardon me
[4:37:39] open meetings act. And so what I do is I
[4:37:42] put the language directly from the
[4:37:43] statute within the agenda item to give
[4:37:45] the court as much flexibility as
[4:37:47] possible on what the court may choose to
[4:37:49] talk about during close session. It's
[4:37:51] not intended to be scary. In fact,
[4:37:52] you'll see that my job's been on the
[4:37:54] closed session a few times and that
[4:37:55] language has been used every time. So
[4:37:58] please, if staff is seeing this and
[4:38:00] hearing this, it's not intended to be
[4:38:01] scary in any way. But there's no reason
[4:38:04] that I can see to handcuff the court
[4:38:06] walking into a meeting on what their
[4:38:08] options are when the court's the
[4:38:09] supervisor of the employee.
[4:38:11] >> I think we can just try to brief this at
[4:38:13] round table just kind of what the
[4:38:17] >> expectation is and what don't be scared
[4:38:19] about the language. And so with that is
[4:38:23] >> I want to say one thing real quick and
[4:38:25] um I think this is a great idea because
[4:38:26] it seems for some departments the only
[4:38:29] time we see them is during budget and so
[4:38:31] I do think we need to interact and have
[4:38:33] them feel the freedom to be able to
[4:38:35] bring things to us and I think as we
[4:38:37] start the process um they'll feel the
[4:38:40] ability to bring things to us that they
[4:38:43] may not have before and so I think this
[4:38:45] is a great idea. Thank you.
[4:38:47] All right. So, with that, it is 2:38
[4:38:50] p.m. on Tuesday, August 25th. That
[4:38:51] concludes our open portion of today's
[4:38:53] session. You okay with taking a couple
[4:38:55] minute restroom break? And then we'll
[4:38:57] pick up with our executive. We'll start
[4:38:59] off with Rusty Busby and Prop 8 and get
[4:39:02] this thing moved. All right. We're in a
[4:39:04] quick recess.
[4:39:10] » Right. It's uh officially 4:30 p.m. and
[4:39:13] we concluded our executive session and
[4:39:15] we're reopening our open portion of
[4:39:17] today's session. Are there any motions
[4:39:20] uh you ladies would like to make?
[4:39:22] >> No, sir.
[4:39:22] >> Gentlemen, anything from you?
[4:39:24] >> And with that, it is 4:30 p.m. and this
[4:39:26] regularly called session of the Kendall
[4:39:28] County Commissioner Court is adjourned.