May 28, 2024 Hood County Commissioners' Court

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Hood County Commissioners' Court held a meeting on May 28, 2024, featuring recognition of community members and county employees, including a proclamation honoring firefighter-paramedic Joshua Tanner Green for life-saving efforts and awards for academic achievement and service. The court addressed significant governance issues at Hood Central Appraisal District, approving a forensic audit resolution following audit findings of budgeting irregularities and structural concerns. Administrative matters included jailer promotions, staffing updates, and facility decisions such as approval of a new 911 operator hire and tabling of jail expansion financing pending further review. The court also heard public concerns regarding development projects, approved several contracts and payments, and took action on property and clinic lease matters.

• Call to order and invocationThe meeting was called to order with invocation and pledges of allegiance.
• Elder abuse awareness proclamationHood County proclaimed June 2023 as elder abuse awareness month, with Adult Protective Services presenting statistics and community impact.
• Hood County 2023 safety achievement awardTexas Association of Counties risk management pool presented a workers compensation safety award recognizing county initiatives.
• Texas County and District Retirement System updateAmy Campbell, manager at TCDRS, provided comprehensive overview of the retirement system's structure, funding, and Hood County's plan status.
• Constable John Shirley appreciation certificatePrecinct 2 residents presented a certificate of appreciation to Constable John Shirley recognizing his dedication and service to the community.
• Joshua Tanner Green firefighter paramedic honor proclamationHood County began presentation of an official proclamation honoring Joshua Tanner Green, Irving Fire Department firefighter paramedic, for actions on March 29th, 2024.
• Recognition of Joshua Tanner Green for life-saving heroic effortsHood County Commissioners Court recognized firefighter-paramedic Joshua Tanner Green for applying a tourniquet that saved a motorcycle accident victim's life, preventing death from severe bleeding.
• Recognition of Sarah Mark Antonio as 2024 Texas UIL state championCommissioners Court recognized Sarah Mark Antonio, a young lady excelling academically and athletically, as the 2024 Texas UIL editorial writing state champion.
• Service Awards for County EmployeesCommissioners presented service awards recognizing five and fifteen years of employment with Hood County.
• Citizens Comments at Large – Walk the Line poverty simulationCrystal Moore with United Way of Hood County presented an immersive poverty experience called "Walk the Line" scheduled for June 4th at the conference center.
• Citizens Comments – Republican Party of Texas State Convention participationJC Lopez thanked commissioners who attended the Republican Party of Texas State Convention in San Antonio for representing Hood County and shaping the party platform.
• Texas A&M AgriLife Extension Agent position – Continued support for hiringCommissioners approved a continued support document allowing Texas A&M AgriLife Extension to move forward with the hiring process to fill a vacant agent position.
• Constable's Equipment Storage – Table for research on shipping containersCommissioners tabled discussion on allocating storage space for Constable's equipment and trailers, directing research into purchasing storage containers.
• Brazes Valley Soil and Water Conservation District funding – Tabled pending documentationCommissioners tabled a request for $10,000 (up to $5,000 per year for 2023 and 2024) to the Brazes Valley Soil and Water Conservation District for flood control dam maintenance, pending review of agreements and maintenance records.
• Purple lighting for historic Courthouse in June – Elder abuse awarenessCommissioners unanimously approved lighting the exterior of the historic Courthouse purple for the month of June in recognition of elder abuse awareness month.
• Jailer promotion – Step 3 salary for laterally transferred employee with experienceCommissioners approved promoting a Jailer from Step 4 ($46,000) to Jailer Step 3 ($50,500) effective May 28, 2024, recognizing six years of prior experience from Johnson County.
• Second jailer promotion – Step 3 salary for laterally transferred employee with twelve years experienceCommissioners approved a second jailer promotion from Step 4 ($46,000) to Jailer Step 3 ($50,500) effective May 28, 2024, recognizing twelve years of prior law enforcement experience.
• Forensic audit resolution – Hood Central Appraisal District investigationCommissioners approved a resolution calling on Hood Central Appraisal District to hire a third-party forensic audit firm to conduct a forensic audit on the prior four fiscal years.
• Hood Central Appraisal District audit findings and architectural spendingThe county court reviewed audit results and spending irregularities at the HCAD, including $387,000 in architectural fees that were not properly budgeted and questions about fund balance handling under the previous board.
• Motion to extend speaker time limit for Mayor JarrettCommissioner Samson requested suspension of the five-minute speaker limit to allow Mayor Jarrett to present detailed information on appraisal district issues, and the motion was seconded and carried unanimously.
• Mayor Jarrett's analysis of HCAD audit procedures and budget amendmentsMayor Jarrett explained that the audit focused on balancing books rather than procedural compliance, and that budget amendments for capital outlay were not properly approved by entities as required by tax code 6.01.
• Government Capital Facility Improvement financing and home office corporation structureMayor Jarrett detailed a financing proposal presented to HCAD in February 2023 whereby a nonprofit holding company was created to finance a $6.2 million building through lease-back arrangements, but the structure raised questions about accountability and compliance.
• Eddie Rodriguez, HCAD board chairman, addresses audit firm change and budgeting approachRodriguez explained the board's rationale for changing audit firms to achieve cost savings and competitive bidding, and characterized the land and building fund as obligated rather than excess funds.
• Rodriguez questions cost and feasibility of forensic audit; Rodriguez opposes unfunded mandateRodriguez challenged the forensic audit proposal on cost grounds and asserted that HCAD board of directors, as a separate entity, cannot be compelled by county resolutions to take action.
• Commissioner Eagle questions Rodriguez on basis for resistance; raises concerns about procedure and criminal intentEagle pressed Rodriguez on why the HCAD board would not welcome an audit if procedures were proper, and cited email evidence suggesting coordination to avoid competitive bidding on land transactions.
• Commissioner Eagle clarifies distinction between regular and forensic auditsEagle explained that regular audits accept management representations, while forensic audits investigate deeper without accepting management's word, using an analogy about not accepting the fox guarding the henhouse.
• Commissioner Eagle asserts taxing entities' authority over HCAD board decisionsEagle contended that when all taxing entities vote to request a forensic audit, the HCAD board of directors cannot override that directive, and that the entities appointed the board and bear responsibility for its actions.
• Commissioner Samuelson emphasizes insurance recovery and proper procedures for taxpayer fund protectionSamuelson explained that if a forensic audit identifies errors, the HCAD can file an insurance claim for recovery, preventing taxpayers from merely recycling their own money through rebudgeting.
• Appreciation for Mayor Jarrett and Chairman Rodriguez; concerns about questionable practices documentedSamuelson praised Mayor Jarrett's diligent work on the issue and acknowledged Rodriguez's board contributions while noting that email evidence, shell corporations, and spending under entities that never came into existence warrant deeper questioning.
• Eddie Rodriguez presents list of corrective actions taken by new HCAD boardRodriguez outlined steps taken by the new board to strengthen governance and procedures, including appointment of new directors, hiring an experienced Chief Appraiser, returning funds to entities, and dissolving the home office corporation.
• Hood Central Appraisal District updates and website improvementsThe appraisal district has implemented operational improvements including a new website and established meetings for tax entities to stay informed on Senate bill impacts.
• Forensic audit resolution for Hood Central Appraisal DistrictThe Commissioner's Court adopted a resolution calling on the appraisal district to retain a third-party forensic audit firm to conduct an audit of prior fiscal years.
• 10-minute break and return to agenda item eightThe court took a brief recess and reconvened to address the Acted Nature Center concession agreement extension.
• Acted Nature Center concession agreement extension discussionCommissioner Wilson proposed extending the Hood County development District One's concession agreement for 99 years rather than the current 10-year term, but Commissioner Andrews raised concerns about the lengthy extension and lack of review of the original 2007 agreement.
• County court at law judge desk chair purchaseThe court approved purchasing a new desk chair for the County court at law judge from Texas Correctional Industries for $975.
• County Clerk office staffing promotion and changesCounty Clerk Christine Leftwich reported staffing changes including the termination of the former deputy clerk for insubordination and promotion of existing staff to fill positions.
• County Deputy Clerk promotion to office managerA County Deputy Clerk was promoted to office manager, creating an entry-level clerk position that will be filled through existing county recruitment.
• 911 operator hiringThe court approved hiring a new 911 operator who will begin June 17, 2024, with significant emergency services experience from Steamville Police Department.
• Ken Nicks biosolids presentation—educational overviewKen Nicks, representing Lake Granberry 4 Club, presented an educational overview of biosolids use, treatment processes, and concerns related to PFOS and PFOA "forever chemicals" found in human waste biosolids.
• PFOS and PFOA "forever chemicals" in biosolidsKen Nicks detailed the nature of PFOS and PFOA chemicals, their persistence in the environment, regulatory history, and health impacts.
• DuPont case history and health impacts of forever chemicalsKen Nicks described the DuPont case in Parkersburg, West Virginia, where PFOA contamination caused health problems and the company failed to notify the public.
• Johnson County stillborn calf case and contamination runoffKen Nicks documented a specific case in Johnson County where a farmer attributed stillborn calves to PFOS contamination from biosolids applied on neighboring farms.
• Biosolids disposal solutions and research sourcesKen Nicks presented two options for handling biosolids and concluded with research sources and acknowledgments.
• Commissioner and attendee responses to biosolids presentationHood County commissioners and attendees praised the biosolids presentation and expressed concern about the use of biosolids fertilizer, particularly the contamination risks.
• Avian flu discussionCounty officials discussed the broader public health issue of Avian flu affecting livestock.
• RFP 2024-03 bulk waste disposal awardThe court awarded the bulk waste disposal contract for the Citizens Collection Station to Waste Connections following a competitive evaluation process.
• Agenda reordering—jail funding and architect feesCommissioner Eagle requested flipping the order of agenda items 15 and 16 to discuss funding method before architect fees.
• Jail expansion funding optionsCounty auditor presented two financing methods for the jail addition, both maintaining current tax rate over 15-year amortization.
• Certificate of obligation concerns and legislative contextCommissioner raised concerns about certificates of obligation as a financing tool, citing Texas legislature's efforts to reform the practice.
• Bond versus certificate of obligation—voter approval distinctionCommissioners emphasized need for taxpayer input and clarified that general obligation bonds require public vote while certificates of obligation do not unless petitioned.
• Commissioners' preference for bond electionMultiple commissioners indicated preference for proceeding with general obligation bond requiring voter approval rather than certificate of obligation.
• Financial analysis timing concernsCommissioners noted insufficient time to review architect and financial information due to holiday timing and late delivery of documents.
• Facility needs assessment and architect perspectiveDRG Architects representatives addressed commissioners and emphasized importance of informed public education in bond elections.
• Auditor's financing recommendation and motion to tableCounty auditor recommended certificate of obligation as financing method; commissioners moved to table both agenda items pending further review.
• Consent agenda approvalCommissioners approved the consent agenda after addressing one question about DPS Highway Patrol staffing changes.
• Stop sign installation—Jewel Court and Brushy RoadPublic hearing convened to approve installation of stop sign at intersection of Jewel Court and Brushy Road following resident concerns about vehicle traffic through private property.
• Main Place development roadway acceptanceCounty accepted two private roadways in Main Place development into county road system after roads met third chip seal requirement and all standards.
• Stewart Ranch subdivision update and final plat approvalDevelopment staff provided construction plan approval update and sought approval of final plat for Stewart Ranch development in Precinct 3.
• Laguna Trace replat—public hearing convenedPublic hearing opened at 12:35 PM to discuss replat of block 5 of Laguna Trace Estates in water quality district, with multiple residents expressing concerns about traffic, commercial development, and water quality.
• Resident concerns—traffic safety and commercial developmentFirst speaker Eric expressed concerns about traffic congestion on Highway 51, lack of transparency about development purpose, and potential for commercial structures near 200-home residential community.
• Staff response to resident concerns—regulatory scope and requirementsCounty development staff clarified zoning authority, traffic review processes, and sewer density requirements in response to resident concerns.
• Additional resident speaker—safety and solicitor concernsSecond resident Teresa Lan raised safety concerns, increased traffic from commercial buildings, and solicitor activity within residential neighborhood.
• Laguna Estates residential concerns regarding commercial encroachmentResidents raised safety and quality-of-life issues related to commercial activity at the Tommy's property adjacent to their residential community.
• HOA president statement on traffic and turning lane delaysThe Laguna Estates HOA president outlined concerns about commercial growth impacting resident access and safety, requesting county assistance with Texas Department of Transportation (TxDOT) coordination.
• Resident statement on commercial development restrictions and regulatory authorityA Laguna Estates resident challenged the county's development regulations and requested stronger enforcement mechanisms to prevent incompatible commercial uses near residential areas.
• County attorney response on regulatory limits and state authorityThe county attorney clarified that Hood County's development authority is limited to state-delegated powers regarding water, sewer, drainage, and infrastructure, and the county lacks authority over use restrictions.
• Discussion of TxDOT driveway permit and traffic study authorizationCommissioners and staff discussed TxDOT's role in assessing the driveway access, the lack of required turning lanes, and the need for a traffic study to address current conditions.
• Commissioner perspective on growth constraints and county authority limitsA commissioner addressed the community's concerns while explaining the constraints on county authority compared to municipalities.
• Tommy's owner (Thomas) statement on plans for Lot 2The property owner clarified that the HOA is acquiring Lot 2 from him and that no additional commercial development is planned.
• Resident question on lighting separation and zoning regulationsA resident asked about zoning or regulations requiring commercial-to-residential light barriers, clarifying that Hood County lacks zoning and building code authority.
• Discussion of alternative access from Tommy's to Granada CayA brief discussion noted that access from Tommy's into Granada Cay would require HOA approval, which the HOA has declined.
• Replat of Laguna Trace Estates Lots 1 and 2, Block 5R approvalThe court voted to approve the replat of Laguna Trace Estates Lots 1 and 2, Block 5R despite resident opposition.
• Invoice and bill payment approvalThe court approved payment of invoices totaling $341,500 following auditor review.
• Financial reports acceptanceThe court accepted all monthly financial reports following audit office review.
• Executive session and real property sale awardThe court convened in executive session and upon return approved an RFP award for sale of real property to Time Ramona Peter Partnership.
• Grandberry Clinic lease terminationThe court approved a motion to request the County Attorney terminate the lease agreement between Hood County and Grandberry Clinic Asset Holding Company.
• Meeting adjournmentThe meeting concluded.