Please note: All agenda items are considered PASSED unless indicated otherwise.

OPEN SESSION: 

COURT ORDERS

COMMISSIONERS COURT

1. Consider and take necessary action to approve the renewal of the Smith County Tax Abatement Policy from the Tyler Economic Development Council.

Comments:

This current tax abatement policy expires May 26, 2025.  This action just renewed the policy. There is no fiscal impact associated with this policy and it will expire on May 25, 2027.  We are expecting an update on the previously approved tax abatements in the next few weeks.

Abatement Eligibility Criteria:
Tax abatement will be considered for the following facilities if such development will create substantial capital improvements within the County or additional jobs:

• Manufacturing facilities
• Distribution facilities
• Corporate offices
• Research parks
• Major tourism attractions

 The abatement policy is reviewed every 2 years.  All reinvestment zones are reviewed every 5 years. Tax abatement contracts are reviewed annually.

2. Consider and take necessary action to ratify and approve a Services Agreement between Smith County and the Office of Attorney General (OAG) for the Statewide Automated Victim Notification Services (SAVNS) program and authorize the county judge to sign all related documentation.

Comments: 

The Statewide Automated Victim Notification System (SAVNS) in Texas, also referred to as Texas VINE (Victim Information and Notification Everyday), is a free, anonymous service designed to provide victims of crime and concerned citizens with timely information and notifications about changes in an offender’s custody status and court events. Managed by the Office of the Attorney General (OAG), it operates 24/7 through a toll-free number (877-TX4-VINE) and the VINELink website. The system interfaces with county jails and courts across Texas to collect data into a central database run by a certified private vendor. Victims can register to receive automated notifications via telephone, email, or text message in English or Spanish about events like an offender’s arrest, release, transfer, or court proceedings. 

Texas VINE, is transitioning to a new vendor, Sylogist, effective August 31, 2025. Sylogist, a public sector technology solutions provider, secured a multi-year contract from the Texas Office of the Attorney General (OAG) to implement and operate a modernized SAVNS. This service agreement had to be signed before we could participate.

FIRE MARSHAL/ EMERGENCY MANAGEMENT
3. Consider and take necessary action to approve the award of $35,110.62 from the Federal Emergency Management Agency for Public Assistance in relation to County Road 498 and allow the County Judge to sign all related documentation.

Comments: 

FEMA’s Public Assistance program provides critical financial support to Texas counties by reimbursing eligible costs for repairing storm-damaged roads and public facilities, such as government buildings, bridges, and utilities. This federal funding helps alleviate the financial burden on local governments, which would otherwise rely heavily on county tax revenues to cover expensive recovery efforts.

After a disaster, local jurisdictions (counties, municipalities, or eligible non-profits) must conduct a preliminary damage assessment to document storm-related damages to public infrastructure, such as roads, bridges, and facilities. This involves gathering data on uninsured losses, including photographs, repair estimates, and receipts for emergency work (e.g., debris removal or protective measures).

Our Emergency Management Coordinator, Brandon Moore, worked with the Texas Division of Emergency Management (TDEM) to compile this information. The process can take 1–4 weeks, depending on the extent of damage and the availability of resources to assess and document it. After receiving damage reports and project applications, FEMA reviews the submitted documentation to verify eligibility, ensuring damages are disaster-related and meet federal thresholds. The review process can take up to 3 months. Once approved, FEMA obligates funds through the Public Assistance program, typically on a cost-sharing basis (e.g., 75% federal, 25% state/local). For permanent work (e.g., road or facility repairs, Categories C–G), funds are obligated after project approval, which can take 2–6 months for straightforward projects. Funds are disbursed as reimbursements for eligible costs incurred, requiring counties to submit proof of expenditures (e.g., invoices, contracts). This process can take up to a year. 

This was a collaborative effort between the Road and Bridge Department and the Emergency Management Coordinator through the Texas Division of Emergency Management. The award of $35,110.62 was in relation to County Road 498. The county’s share of the project was $11,703.53.

4. Consider and take necessary action to approve a contract between Smith County and the Texas Commission on Environmental Quality for the grant awarded to the Local Emergency Planning Committee for the purchase of a drone and authorize the county judge to sign all related documentation.

Comments: 

The contract involves a $23,000 grant awarded to the county’s Local Emergency Planning Committee (LEPC) to buy a drone and accessories for the Emergency Management department. The drone will be used to support emergency response efforts, such as assessing disaster areas or monitoring hazards.

ROAD AND BRIDGE
5. Consider and take necessary action to authorize the payment of compensatory time currently accrued by the Road & Bridge Department through May 31, 2025, and to further authorize the payment of overtime pay for the remainder of FY2025 (June through September).

Comments: 

The county approved paying Road & Bridge Department employees for their accumulated compensatory time (time off earned for hours worked beyond regular shifts) through May 31, 2025, and switching to cash overtime payments for June through September 2025. This ensures employees are appropriately paid for their additional work, especially during summer’s longer days when full workdays are maximized.

6. Consider and take necessary action to accept the completion of the construction contract for the Paving and Drainage Improvements to CR 3344 (CR 436 to S.H. 155), authorize the County Judge to execute the Reconciliation Change Order, and authorize final payment to A. E. Shull & Company.

Comments: 

The Road and Bridge Department is requesting the Commissioners Court to accept the completion of RB-41-23, Paving & Drainage Improvements to CR 3344 (from CR 336 to S.H. 155), as performed by A. E. Shull & Company. The contract was awarded in the bid amount of $4,800,270.60. The final construction cost is in the amount of $4,578,783.88, resulting in an underrun of $221,486.72. This project was funded through ARPA and provides for the construction of 1.525 miles of county roadway in the new Tyler Economic Development Council Industrial Park. 

The agenda item initially lacked the fiscal impact of this contract. After I raised this issue with Civil District Attorney Thomas Wilson, the County Judge acknowledged his oversight during a Commissioners Court meeting. I appreciate that the Judge and our Civil District Attorney are now more diligent about including fiscal notes in agenda language for public review.

7. Consider and take necessary action on the variance request on the Smith County subdivision regulations for the following:
        a. Magnolia Meadows Subdivision from Daniel Lee Cooper, and
        b. The Rokum Development from Brandon Berry.

Comments: 

These variances were awarded. On Plat A, the variance was to allow for a longer cul-de-sac. The county has a policy for limitation in length of a cul-de-sac road of 1320’ and this developer has proposed a 1654’ long cul-de-sac road.  The lots are 1 acre in size with a total of 22 lots. The county considers safety concerns such as passage for emergency response vehicles when reviewing these variances.  Frank Davis, the County Engineer recommended approval of the variance due to the size of the lots. For Plat B, the variance was to allow for a reduction in lot frontage on a split tract. The county policy has a minimum of 100’ for lot frontage.  This proposed variance would allow for one lot with  30’ of lot frontage and the remaining lot with 93’ of lot frontage. Before this lot is re-platted to reflect the split, the variance must be approved. Mr. Davis didn’t have any concerns for this variance.

RECURRING BUSINESS

COUNTY CLERK
8. Consider and take the necessary action to approve the Commissioners Court minutes for April 2025.

Comments: 

I recognized a clerical error on the April 1st Commissioners Court minutes that indicated a unanimous vote where no vote was actually taken (Agenda Item #2 Presentation). The Meeting Minutes will be amended.

9. Receive Commissioners Court recordings for April 2025.
 
ROAD AND BRIDGE
10. Consider and take necessary action to authorize the county judge to sign the:
        a. Final Plat for Woodland Park, Unit 1, Precinct 1, and
        b. Re-Plat for Veritatis Splendor, Lots 58-A and 59, Precinct 3.
 
AUDITOR’S OFFICE
11. Consider and take necessary action to approve and/or ratify payment of accounts, bills, payroll, transfer of funds, amendments, and health claims.

Comments: 

Our Insurance Fund has had several transfers in the last few months to help fund the healthcare claims.  The Auditor reported that an additional $2 Million has been transferred from the General Fund to the Insurance Fund to cover the increases. At the next meeting of the Commissioners Court, we will hear from Brinson Benefits, the county’s employee benefits advisory and patient advocacy firm. I would encourage everyone to either attend court on Tuesday, May 27^th or watch the recording of court to learn more about what the cost drivers are in this current fiscal year and see what recommendations Brinson has to adjust our self-funded healthcare program.

PRESENTATION
12. Discuss and consider Tax Increment Reinvestment Zone (TIRZ) and Chapter 381 Agreements effecting properties located within Smith County, including projects in Downtown Tyler owned by NORF Corporation.

• TIRZ allows communities to dedicate the increment of new tax value generated after the creation of the zone to public improvements, without raising taxes or incurring debt.
  • Chapter 311 is the statutory basis for TIRZ and is used throughout Texas.
  • There are over 400 TIRZ in the state, and their number continues to grow.
  • TIRZ funding is derived solely from new valuation increments, not from base values, which remain in the general fund.
  • There is no change in the tax rate or negative impact to taxpayers as a result of TIRZ participation.
  • TIRZ are typically created to fund public improvements that would not occur but for the TIRZ funding.

• The county retains broad authority to tailor its TIRZ participation to its policy goals, including project selection, funding limits, term, participation percentage, and use of separate agreements.
• Chapter 381 and 312 agreements provide flexible tools for the county to incentivize development, independent of TIRZ participation, and can be used within or outside TIRZ boundaries.
• Economic development projects should be evaluated on their ability to generate new value, reduce costs, and enhance quality of life, using a standardized cost-benefit analysis.
• The county needs to determine whether to participate in these downtown projects, the Blackstone and Carlton Hotel, as they are not currently included in the county’s TIRZ project and finance plan and must consider countywide benefits in its evaluation.
• The Valencia Hotel project (also known as the Blackstone Hotel) represents a $50 million improvement; the Carlton redevelopment is valued at $41 million and involves demolition and conversion to residential use.
  • The city has committed its TIRZ funds, hotel-motel tax, and sales tax to these projects.
  • These projects are not currently included in the county’s TIRZ project and finance plan.
  • The county must decide if these projects provide sufficient countywide benefit to warrant participation, as its responsibility is to all county constituents, not just the city.
  • No action was taken at this meeting, but the projects are under consideration.

NEXT STEPS:
I have requested a presentation from a NORF representative regarding the proposed downtown projects and their specific requests from Smith County. This should be a presentation item not an item requiring a vote. Thomas Wilson confirmed he would coordinate with NORF to arrange it. These decisions should be shared with the public to gather feedback through comments, emails, or phone calls. Silence may be interpreted as consent. It is very important to me to listen to what you have to say about the business of the county. I will do my very best to give you advance notice in my email that the presentation has been scheduled and advocate for the release of the presentation documents in the agenda packet.

NORF COMPANIES PROJECTS:
https://www.norfcompanies.com/projects
SUPPORTING DOCUMENTS IN THE AGENDA PACKETS

Commissioner Court Agenda Packets are available upon request at:

https://smithcountytx.justfoia.com/publicportal/home/newrequest
We receive the agenda packets on Friday around 3PM. The Petty & Associates Power Point Presentation for today’s presentation was not included in the agenda packet for the public OR the Commissioners. (This is not a one-time issue.)  I sent an email to Judge Franklin and Thomas Wilson requesting more supporting documents prior to the presentation for my review. I did receive the PowerPoint presentation on Monday.

In Commissioners Court, a member of the public signed up to comment on the agenda item and noted that they had not received the presentation prior to the Commissioners Court meeting and thus could not make an informed public comment. I agree that this is an issue that should not be.

In Texas, County Commissioners Court meetings are held in public to ensure transparency and accountability in government decision-making. The Texas Open Meetings Act (TOMA), found in Chapter 551 of the Texas Government Code, requires most meetings of governmental bodies, including County Commissioners Courts, to be open to the public. This law exists to let citizens see how decisions affecting their community—like budgets, taxes, or local projects—are made, ensuring officials act in the public’s interest. By holding meetings publicly, anyone can attend, observe, and often provide input, fostering trust and participation.  It is essential to good governance to provide the public with any supporting documents that should accompany the agenda item for transparency and public engagement in county business. I am perplexed as to why our County Judge and Civil District Attorney do not share this same viewpoint with me. I will continue to advocate for better practices in transparency, no matter the obstacles.

EXECUTIVE SESSION
For purposes permitted by Texas Government Code, Chapter 551, entitled Open Meetings, Sections 55 l.071, 55 l.072, 551.073, 551.074, 551.0745, 551.075, and 551.076. The Commissioners Court reserves the right to exercise its discretion and may convene in executive session as authorized by the Texas Government Code, Section 551.071, et seq., on any of the items listed on its formal or briefing agendas.
 
551.087 – DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS
551.071 – CONSULTATION WITH ATTORNEY
551.072 – DELIBERATION REGARDING REAL PROPERTY
 
13. Deliberation and consultation with attorney regarding chapter 381 Agreements between Smith County and NORF Corporation, and discussion regarding commercial or financial offers, incentives, or information within Smith County and the downtown area.
 
14. Deliberation and consultation regarding the purchase, exchange, lease, or value of real property located in Smith County for the future location of the Smith County Animal Shelter and other County facilities.

ADJOURN