1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Monday, November 5, 2018 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge HARLEY BELEW, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BOB REEVES, Commissioner Pct. 4 DON HARRIS, Commissioner Pct. 4 2 1 I-N-D-E-X 2 NO. PAGE 3 1.1 Consider, discuss and take appropriate 3 action to rescind Court Order #37112. 4 1.2 Consider, discuss and take appropriate 4 5 action to accept the resignation of Precinct 4 Commissioner, Bob Reeves. 6 1.3 Consider, discuss and take appropriate 6 7 action to approve bond for Don Harris as Precinct 4 Commissioner. 8 1.4 Swear in Don Harris as Precinct 4 7 9 Commissioner. 10 1.5 Consider, discuss and take appropriate 9 action to appoint Tax Assessor Collector, 11 effective date December 1, 2018. 12 *** Adjournment. 14 13 *** Reporter's Certificate. 15 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE POLLARD: All right, ladies and 2 gentlemen, order in the courtroom. It is Monday, 3 November the 5th, 2018. It's now 9 a.m. as proclaimed 4 by Mr. Reeves, Commissioner Precinct 4. The 5 Commissioners' Court is in session. This is a special 6 meeting for purposes of about five items on the agenda. 7 We'll get right to it. 8 First one is 1.1 consider, discuss and take 9 appropriate action to rescind Court Order #37112, which 10 appointed the Tax Assessor Collector. This is the one 11 we had on a meeting of October 29, and I guess we kind 12 of jumped the gun on that, so we need to rescind that 13 order. 14 COMMISSIONER LETZ: and I'll make a comment 15 on that, I made the motion, and actually the motion 16 should have been intent to appoint. We can't appoint 17 because one, he's not qualified to be -- to take that 18 office as of this point in time, and we also have 19 another Tax Assessor in office and we can't have two. 20 So I make a motion that we rescind Court Order #37112 21 made on October 29th. 22 COMMISSIONER MOSER: Just completely rescind 23 it. 24 COMMISSIONER LETZ: Completely rescind it. 25 COMMISSIONER MOSER: I'll second that. 4 1 JUDGE POLLARD: Been moved by Commissioner 2 3, seconded by Commissioner Precinct 2 to rescind Court 3 Order #37112 pursuant to item 1.1 on the agenda. Is 4 there any further comment or discussion? There being 5 none, those in favor of the motion signify by raising 6 your right hands. It's four zero. One abstention. 7 COMMISSIONER REEVES: That is correct. 8 JUDGE POLLARD: Mr. Reeves has abstained let 9 the record so reflect. 10 All right, item 1.2 consider, discuss and 11 take appropriate action to accept the resignation of 12 Precinct 4 Commissioner, Bob Reeves. Do you have a 13 resignation, Sir? 14 (Handing resignation to Judge Pollard.) 15 JUDGE POLLARD: All right, anyone want to 16 see it? 17 COMMISSIONER BELEW: I'll make the motion. 18 COMMISSIONER MOSER: Well, let me see, that 19 looks pretty involved. 20 COMMISSIONER REEVES: It worked for Richard 21 Nixon, Commissioner. 22 JUDGE POLLARD: Is there a motion? 23 COMMISSIONER BELEW: I made the motion. 24 JUDGE POLLARD: Is there a second? 25 COMMISSIONER MOSER: I'll second. 5 1 JUDGE POLLARD: Been moved by Commissioner 2 Precinct 1, seconded by Commissioner Precinct 2 to 3 accept the resignation of Commissioner Bob Reeves from 4 Precinct 4. Is there any further comment or discussion? 5 COMMISSIONER LETZ: Reluctant. 6 JUDGE POLLARD: Reluctantly. 7 COMMISSIONER MOSER: What if we didn't 8 accept? 9 JUDGE POLLARD: Hu? 10 COMMISSIONER BELEW: I want to say that I've 11 not seen anybody put more effort and time into this job 12 as what it requires than Bob Reeves. 13 COMMISSIONER MOSER: I agree with that. 14 JUDGE POLLARD: That would be unanimous. 15 COMMISSIONER LETZ: Yeah. 16 JUDGE POLLARD: All right, is there any 17 other comment or discussion? 18 MR. BALDWIN: Judge, question. As soon as 19 you vote is he no longer in that position? 20 COMMISSIONER BELEW: That's right. 21 MR. BALDWIN: Or can he finish the day, or 22 what's the deal? 23 MRS. STEBBINS: May I -- 24 COMMISSIONER LETZ: He's in office until his 25 successor is appointed. 6 1 MR. BALDWIN: Okay. That's probably true. 2 JUDGE POLLARD: All right, if there's no 3 further comment or discussion those in favor of the 4 motion signify by raising your right hand. It's four 5 zero, unanimous. One abstention. Mr. Reeves abstains 6 let the record so reflect. 7 All right, item 1.3 consider, discuss and 8 take appropriate action to approve bond for Don Harris 9 as Precinct 4 Commissioner. I have it before me here, 10 and I have approved it, so that takes care of that 11 particular item on the agenda. 12 COMMISSIONER LETZ: I'll make a motion that 13 we -- 14 COMMISSIONER REEVES: Let me. I would like 15 to make the motion to accept the bond of Mr. Don Harris, 16 Commissioner-Elect Precinct 4. 17 COMMISSIONER BELEW: Does that count? 18 JUDGE POLLARD: He's already resigned. 19 COMMISSIONER REEVES: He has not been sworn 20 in yet. 21 MRS. STEBBINS: He holds over until Mr. 22 Harris is sworn in. 23 JUDGE POLLARD: All right, you can make the 24 motion. Who's the second? 25 COMMISSIONER LETZ: Second. 7 1 JUDGE POLLARD: Been moved by Commissioner 2 Precinct 4, who has not been replaced yet, Commissioner 3 Reeves. 4 COMMISSIONER REEVES: That is correct, we 5 want it all legal. 6 JUDGE POLLARD: Seconded by Commissioner 7 Precinct 2 to accept the bond for Mr. Harris. That's 8 item 1.3 of the agenda. Is there any further comment or 9 discussion? 10 COMMISSIONER MOSER: That was Bob Reeves 11 last official action. 12 JUDGE POLLARD: It was. Okay, those in 13 favor of the motion signify by raising your right hands. 14 This is five zero. 15 All right, 1.4 swear in Don Harris as 16 Precinct 4 Commissioner. 17 Step forward, Mr. Harris. 18 JUDGE POLLARD: Buster wants a picture taken 19 up here in front of the seal. And we're doing this 20 pursuant to Buster's request. 21 COMMISSIONER BELEW: You working for the 22 paper now, Buster? 23 MR. BALDWIN: No. This is what you do 24 though. 25 JUDGE POLLARD: Yeah, this is the way to do 8 1 it. 2 MRS. HARRIS: Can we use the bible to swear 3 him in? 4 JUDGE POLLARD: Hu? 5 (Off the record.) 6 COMMISSIONER REEVES: Judge, one more thing. 7 JUDGE-ELECT KELLY: She says she wants to 8 come up and hold the bible for him. 9 JUDGE POLLARD: All right, come on up. 10 COMMISSIONER BELEW: You get used to people 11 telling you what to do. 12 JUDGE POLLARD: All right, raise your right 13 hand and repeat after me. 14 (Mr. Don Harris was sworn into office of 15 Kerr County Commissioner Precinct 4 by Judge Pollard.) 16 JUDGE POLLARD: You are sworn in, Sir. 17 All right now, you got one more, statement 18 of elected appointed officer. Repeat after me. 19 (Mr. Don Harris was sworn in as an elected 20 appointed officer by Judge Pollard.) 21 JUDGE POLLARD: You are hereby sworn in. 22 COMMISSIONER HARRIS: All right, I'll do 23 better next time. 24 (Off the record.) 25 (Photographs taken.) 9 1 COMMISSIONER BELEW: Making fake news. 2 COMMISSIONER BALDWIN: Since you're making 3 fake news this is way to do it, in front of everybody. 4 COMMISSIONER HARRIS: Lots of witnesses. 5 JUDGE POLLARD: It's done. Everything is 6 signed, sealed and delivered. It goes to the Clerk now. 7 JUDGE POLLARD: Have a seat. 8 COMMISSIONER LETZ: Welcome. 9 COMMISSIONER HARRIS: Thank you, Sir. 10 JUDGE POLLARD: Bring your own name plate 11 next time. 12 COMMISSIONER HARRIS: The shop is working on 13 that. 14 JUDGE POLLARD: All right, item 1.5 15 consider, discuss and take appropriate action to appoint 16 Tax Assessor Collector, effective date December 1, 2018. 17 COMMISSIONER LETZ: I think we'll need to 18 have a couple other qualifications in on this. When I 19 made a motion to appoint Bob Reeves as Tax Assessor 20 subject to Mr. Reeves qualifying for that office, and 21 upon the notice of the current Tax Assessor leaving 22 office on December 1st, whichever comes first. 23 COMMISSIONER MOSER: Right. Okay, so we 24 can't take any action? 25 COMMISSIONER LETZ: Yeah, we can do it. I 10 1 think we can. County Attorney, can we do this? 2 COMMISSIONER BELEW: That's a motion, isn't 3 it? 4 COMMISSIONER LETZ: It's a motion. 5 JUDGE POLLARD: That's a motion, and it was 6 contingent on several things. It's okay with the County 7 Attorney? 8 MRS. STEBBINS: Yes, Sir. 9 JUDGE POLLARD: Okay, is there a second? 10 COMMISSIONER BELEW: Second. 11 JUDGE POLLARD: All right, it's been moved 12 by Commissioner 3, seconded by Commissioner Precinct 1 13 contingent upon the things occurring that Commissioner 14 Letz dictated into the record, and effective December 1, 15 or before December 1 depending on what happens here, 16 appointing Mr. Reeves as Tax Assessor of Kerr County, 17 Texas. This is item 1.5 of the agenda. Is there any 18 further discussion or comment? 19 COMMISSIONER LETZ: It's a question for the 20 County Attorney. Does the Court need to do take any 21 further action at a future time, or at such point as 22 outlined in the motion? Does Mr. Reeves just need to be 23 sworn in? 24 MRS. STEBBINS: I think he'll just need to 25 be sworn in once qualified, and Miss Bolin is finished. 11 1 COMMISSIONER LETZ: Okay. All right. Just 2 wanted to clarify. 3 JUDGE POLLARD: All right. 4 COMMISSIONER MOSER: What does it take for 5 qualifications, is it something in writing? 6 COMMISSIONER LETZ: Well, we'll have to 7 accept the bond prior to that, so we'll go through the 8 same process of the bond, and the Court will have to 9 accept before he can take office. 10 COMMISSIONER MOSER: Is there anything else 11 other than the bond? 12 MRS. STEBBINS: To qualify for the office? 13 MS. DIANE BOLIN: The bond, we'll get that 14 going as soon as I get the thing from Anita. 15 COMMISSIONER MOSER: Okay. 16 JUDGE POLLARD: All right, if there are no 17 further comments or questions, those in favor of the 18 motion signify by raising your right hand. The first 19 official vote. Five zero, unanimous. 20 All right, is there any further business for 21 the Commissioners' Court of Kerr County on this date? 22 COMMISSIONER LETZ: Yes. 23 JUDGE POLLARD: Yes? 24 COMMISSIONER LETZ: Can we go back to 25 item -- I thought I had it on another piece of paper 12 1 here. One point -- which one -- where do we do the 2 salary, Dawn? 3 MRS. LANTZ: In with the bond maybe. 4 COMMISSIONER BELEW: No, it's not on -- 5 COMMISSIONER LETZ: It's not on here to set 6 salary. 7 COMMISSIONER BELEW: So we can't do it. 8 JUDGE-ELECT KELLY: That's right. 9 COMMISSIONER BELEW: We can't do it if it's 10 not on the agenda. It doesn't really fit under that 11 umbrella. 12 COMMISSIONER MOSER: Well, if a Commissioner 13 is sworn in that salary is -- 14 COMMISSIONER LETZ: But our salaries -- 15 COMMISSIONER BELEW: Both are already set. 16 COMMISSIONER MOSER: -- published. 17 MRS. STEBBINS: It's been published. 18 COMMISSIONER LETZ: The base salary. 19 COMMISSIONER MOSER: The base salary, yeah. 20 And for the Tax Assessor Collector, we'll do that at the 21 time. 22 COMMISSIONER LETZ: It's base salary. 23 JUDGE POLLARD: And you want to go back and 24 correct the motion to state it, or is it okay like this? 25 MRS. STEBBINS: Well, I don't think the 13 1 agenda item gives you the ability to go back and state 2 it in that particular item. 3 COMMISSIONER LETZ: We can clarify it. 4 MRS. STEBBINS: You can clarify it on 5 Thursday if you have time for the posting requirements, 6 which I guess you do. 7 MRS. GRINSTEAD: No. No, we don't. 8 MRS. STEBBINS: Sorry. Nope. 9 COMMISSIONER LETZ: We can do it Monday or 10 Thursday. 11 COMMISSIONER BELEW: What are you trying to 12 accomplish, Jonathan? 13 COMMISSIONER LETZ: Well, when you put 14 somebody in office you set their salary in the record. 15 And it's a base salary the way we do the salary now. 16 Everybody gets paid a little bit different, but not 17 everyone -- 18 JUDGE POLLARD: For the record it's 19 $57,623.00, okay? All right. 20 COMMISSIONER LETZ: But it's usually set 21 when we -- 22 COMMISSIONER BELEW: Oh, I see what you 23 mean. You set it -- 24 COMMISSIONER LETZ: You set it at that. 25 COMMISSIONER BELEW: But it's in the budget. 14 1 COMMISSIONER LETZ: It's a budgeted amount, 2 but it's a new person into that spot. 3 COMMISSIONER BELEW: Just state it for the 4 record. 5 COMMISSIONER LETZ: Right. 6 JUDGE POLLARD: All right, is there any 7 further business, I repeat, for the Commissioners' Court 8 on this day? None? 9 COMMISSIONER MOSER: No. 10 JUDGE POLLARD: We're adjourned. Thank you 11 very much. 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 15 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Commissioners' Court. 9 Dated this the 15th day of November, A.D. 10 2018. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 12/31/2018 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25