1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Monday, November 19, 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 DON HARRIS, Commissioner Pct. 4 2 1 I-N-D-E-X 2 NO. PAGE 3 1.1 Canvass the official election results for 3 the 2018 November General Election per 4 the TEC Section 67. 5 1.2 Consider, discuss and take appropriate 8 action to appoint Hiring Committee for the 6 Crime Victim Assistance Coordinator position. 7 1.3 Consider, discuss and take appropriate 10 action regarding final approval of the 8 job description for the Crime Victim Assistance Coordinator position. 9 1.4 Consider, discuss and take appropriate 10 10 action to approve Memorandum of Understanding for the Crime Victim Assistance Coordinator 11 office. 12 1.5 Consider, discuss and take appropriate 12 action to approve Allstate's request to mail 13 group certificates of coverage to insured's address of record with American Heritage 14 Life Insurance Company(AHL), and have County Judge sign same. 15 2.1 Pay bills. 13 16 1.6 Consider, discuss and take appropriate 14 17 action on personnel matter. 18 1.7 Consider, discuss and take appropriate 15 action on personnel matters. 19 *** Adjournment. 17 20 *** Reporter's Certificate. 18 21 * * * * * * 22 23 24 25 3 1 JUDGE POLLARD: All right, it's Monday, 2 November the 19th, 2018. It's now 9 a.m., I think, over 3 there, Commissioner 4. 4 JUDGE HARRIS: Yes, it is. 5 JUDGE POLLARD: And the Kerr County 6 Commissioners' Court is in session. This is a special 7 Commissioners' Court meeting, so we won't have the 8 Pledge and the prayer, we'll just get right down to 9 business. 10 Item 1.1 is to canvass the official election 11 results for the 2018 November general election per the 12 Texas Election Code, Section 67. Nadene. 13 MS. ALFORD: Yes. This is the results from 14 the general election on November the 6th, 2018. The 15 total number of voters were 33,610 of 59,561. That is 16 the data base that includes Kerrville ISD, the general 17 registered voters for Kerr County, and Harper ISD in 18 there so we don't have a total of 59 thousand registered 19 voters in Kerr County; we have more like 35,835, I 20 believe. 21 In the Straight Party, the Republican Party 22 was 12,001 votes. Democrat Party was 2,540. 23 Libertarian Party 69. 24 For United States Senator Republican Ted 25 Cruz was 16,822. Democrat Beto O'Rourke was 5,198. 4 1 Libertarian Neal Dikeman was 185. 2 United States Senator, District 21. 3 Republican was Chip Roy 16,539. Democrat Joseph Kopser 4 was 5,212. Libertarian Lee Santos was 288. 5 For Governor Republican Party Greg Abbott 6 was 17,566. Democrat Lupe Valdez 4,268. Libertarian 7 Mark J. Tippetts was 298. 8 Lieutenant Governor Republican Dan Patrick 9 had 16,722. Democratic Mike Collier 5,022. Libertarian 10 Kerry Douglas McKennon had 359. 11 Attorney General Republican Ken Paxton had 12 16,537. Democrat Justin Nelson 5,051. Libertarian 13 Michael Ray Harris 465. 14 Comptroller of Public Accounts. Republican 15 Glenn Hegar had 16,925. Democrat Joe Chevalier had 16 4,302. Ben Sanders had 636. 17 For Commissioner of the General Land Office 18 Republican George P. Bush had 16,662. Democrat 19 Manuel -- I'm not sure how -- 20 COMMISSIONER LETZ: Miguel Suazo. 21 MS. ALFORD: Miguel Suazo, thank you. 22 4,408. Libertarian Matt Pina had 844. Commissioner of 23 Agriculture Republican Sid Miller had 16,510. Democrat 24 Kim Olson had 4,859. Libertarian Richard Carpenter had 25 513. 5 1 Railroad Commissioner Republican Party 2 Christi Craddick had 16,952. Democrat Ramon McAllen had 3 4,305. Libertarian Mike Wright had 606. 4 Justice Supreme Court Place 2 Republican 5 Jimmy Blacklock had 16,928. Democrat Steven Kirkland 6 had 4,782. 7 Justice Supreme Court Place 4 Republican 8 John Devine had 17,068. Democrat R. K. Sandill had 9 4,641. 10 Justice Supreme Court, Place 6 Republican 11 Jeff Brown had 16,989. Democrat Kathy Cheng had 4,749. 12 Presiding Judge of Court of Criminal Appeals 13 Republican Sharon Keller had 16,800. Democrat Maria T. 14 (Terri) Jackson had 4,496. Libertarian William Bryan 15 Strange III had 513. 16 Judge, Court of Criminal Appeals, Place 7 17 Republican Barbara Parker Harvey had 17,134. Democrat 18 Ramona Franklin had 4,606. 19 Judge, Court of Criminal Appeals, Place 8 20 Republican Michelle Slaughter had 17,450. Libertarian 21 Mark Ash had 2,118. 22 State Representative, District 53 Republican 23 Andrew S. Murr had 17,093. Democrat Stephanie Lochte 24 Ertel had 4,735. 25 Justice, 4th Court of Appeals District, 6 1 Place 2 Republican Marialyn Barnard had 16,961. 2 Democrat Beth Watkins had 4,706 votes. Justice, 4th 3 Court of Appeals District, Place 3 Republican Jason 4 Pulliam had 16,863. Democrat Patricia O'Connell Alvarez 5 had 4,803. 6 Justice, 4th Court of Appeals District, 7 Place 4 Republican Patrick Ballantyne had 16,960. 8 Democrat Luz Elena Chapa had 4,709. 9 Justice, 4th Court of Appeals, Place 5 10 Republican Rebecca Simmons had 17,095. Democrat Liza 11 Rodriguez had 4,568. 12 Justice, 4th Court of Appeals District, 13 Place 7 Republican Shane Stolarczyk had 16,884. And 14 Democrat Rebecca Martinez had 4,797. 15 District Judge 198th Judicial District 16 Republican Rex Emerson had 18,179. 17 And then we have the Board of Trustees for 18 the Harper. Steve Wade had 50. Henry Sherman had 37. 19 Mary Krebs had 88. Quentin Bierschwale had 53. And Dan 20 Abbott had 82. 21 For Kerrville ISD Proposition A, their bond. 22 For was 7,460. Against was 3,665. 23 COMMISSIONER LETZ: I'll make a motion that 24 we approve the election results as read into the record 25 and as presented on the document provided to 7 1 Commissioners' Court. 2 COMMISSIONER MOSER: Second. 3 JUDGE POLLARD: Been moved by Commissioner 4 Precinct 3, seconded by Commissioner Precinct 2 to 5 accept the election results as presented by -- in 6 Commissioners' Court agenda and in the document that has 7 been submitted to the Commissioners' Court and made a 8 part of the record. Is there any further comment or 9 discussion? 10 COMMISSIONER MOSER: Comment. Again, to 11 thank Nadene and all the folks that managed the 12 elections. 13 MS. ALFORD: Thank you. 14 COMMISSIONER MOSER: Good job. No press or 15 anything, so that's good. 16 Another question. On the unopposed, do 17 we -- that are on the ballot, do you report those? 18 MS. ALFORD: Yes, I report those. 19 COMMISSIONER MOSER: But they're not part of 20 Commissioners' Court canvassing or what? 21 COMMISSIONER LETZ: We previously approved 22 them by a court order because they didn't have a -- I 23 don't remember the exact language, but there's a court 24 order we did, I don't know, probably September or 25 August -- 8 1 MS. ALFORD: Yes. 2 COMMISSIONER LETZ: -- that we declared them 3 the winners because they're running unopposed. 4 COMMISSIONER MOSER: All right. So it's not 5 necessary to do that today? 6 MS. ALFORD: No, Sir. 7 COMMISSIONER MOSER: Good enough. Thank 8 you. 9 JUDGE POLLARD: All right, if there's no 10 further comment or question those in favor of the motion 11 signify by raising their right hand. It's four zero, 12 unanimous. One abstention, myself. 13 Let's go to item 1.2. That might have 14 been -- was that a record vote that we were supposed to 15 do then? 16 MS. ALFORD: No. You did fine. 17 JUDGE POLLARD: Item 1.2 consider, discuss 18 and take appropriate action to appoint Hiring Committee 19 for the Crime Victim Assistance Coordinator position. 20 Commissioner Letz. 21 COMMISSIONER LETZ: I think what we 22 previously talked about is setting the committee to hire 23 and that committee would come to Commissioners' Court 24 with a recommendation, and I think that's set out -- 25 that portion of it is set out in the Memorandum Of 9 1 Understanding. But I'll make a motion that we appoint 2 as the Hiring Committee Kerr County Judge-Elect Rob 3 Kelly, Kerr County Attorney Heather Stebbins, 198th 4 District Attorney Scott Monroe, 216th District Attorney 5 Lucy Wilke, Kerr County Sheriff Rusty Hierholzer as that 6 committee. 7 COMMISSIONER BELEW: Is that the motion? 8 COMMISSIONER LETZ: That's my motion. And 9 this is for hiring this position and any other future 10 positions during the period of time of this grant. 11 JUDGE POLLARD: Actually hiring. 12 COMMISSIONER LETZ: Well, recommending to 13 the Court. 14 JUDGE POLLARD: Recommending to the 15 Commissioners' Court who to hire. 16 COMMISSIONER LETZ: Right. Yes. 17 COMMISSIONER BELEW: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Precinct 3, seconded by Commissioner Precinct 1 to 20 appoint the individuals read into the record as to the 21 hiring committee for purposes of making recommendations 22 to the Commissioners' Court to hire a Victim Service 23 Coordinator. Is there any further comment or 24 discussion? If not, those in favor of the motion 25 signify by raising your right hand. It's 4-0-1, passes 10 1 unanimously. One abstention, myself. 2 Item 1.3 consider, discuss and take 3 appropriate action regarding final approval of the job 4 description for the Crime Victim Assistance Coordinator 5 position. Commissioner Letz. 6 COMMISSIONER LETZ: I believe there was 7 presented a job description at our last Commissioners' 8 Court meeting, and I just wanted a little time to 9 review. I don't have any modifications to it. I don't 10 know if anybody else does. If not -- 11 JUDGE POLLARD: Anybody else have anything? 12 COMMISSIONER MOSER: Nope. 13 COMMISSIONER LETZ: -- I'll make a motion 14 that we approve the job description as previously 15 presented to the Commissioners' Court. 16 JUDGE HARRIS: Second. 17 JUDGE POLLARD: Been moved by Commissioner 18 Precinct 3, seconded by Commissioner Precinct 4 to 19 approve the Crime Victims job description as submitted 20 in the agenda package. This is item 1.3 of the agenda. 21 Any further comment or discussion? If not, those in 22 favor of the motion signify by raising their right 23 hands. It's four zero, unanimous. One abstention, 24 myself. 25 Item 1.4 consider, discuss and take 11 1 appropriate action to approve Memorandum of 2 Understanding for the Crime Victim Assistance 3 Coordinator office. Commissioner Letz. 4 COMMISSIONER LETZ: I believe everyone 5 received a revised -- slightly revised version of the 6 Memorandum this morning. There were some slight changes 7 that I recommended, and some of them were accepted, but 8 I am fine with the agreement. The only change to what 9 was handed out would be Item 10, and that's the 10 automatic renewal clause, and to me because this is 11 under a grant there's only one renewal, it doesn't go on 12 beyond one year. And I visited with the County Attorney 13 briefly and she came up with this language, and to me I 14 would recommend that we substitute it. This agreement 15 shall remain in effect from October 1, 2018 until 16 September 31, 2019 and shall automatically renew for one 17 year unless terminated by any of the parties to this 18 agreement. 19 With that modification, I'll make a motion 20 to approve as presented this morning. 21 COMMISSIONER BELEW: Second. 22 JUDGE POLLARD: Been moved by Commissioner 23 Precinct 3, seconded by Commissioner Precinct 1 to 24 approve item 1.4, to approve the Memorandum of 25 Understanding for the Crime Victims Assistance 12 1 Coordinator office. This is to approve the document 2 that was submitted in the agenda package as modified by 3 the recommendations of the County Attorney as discussed 4 by Commissioner Letz in the record. All right, is there 5 any further comment or discussion? There being none 6 those in favor signify by raising their right hands. 7 It's four zero, unanimous. It passes. One abstention, 8 myself. 9 Item 1.5 consider, discuss and take 10 appropriate action to approve Allstate's request to mail 11 group certificates of coverage to insured's address of 12 record with American Heritage Life Insurance Company and 13 have County Judge sign same. Dawn Lantz. 14 MRS. LANTZ: This is an addendum that I 15 received from Allstate. They're wanting to send out the 16 employees certificates of coverages, which are held by 17 Allstate. We don't release any addresses. These are 18 addresses that the employees had given as their record 19 of contact, so they're just needing approval to get that 20 sent out. 21 JUDGE POLLARD: You recommend this change, 22 Dawn? 23 MRS. LANTZ: This is just so they can get 24 their certificates that bind the coverage, so yes. 25 JUDGE POLLARD: This is a good way to do the 13 1 process to mail them directly to the insureds? 2 MRS. LANTZ: Yes. And I had the County 3 Attorney look at the addendum. 4 COMMISSIONER MOSER: Move for approval. 5 COMMISSIONER BELEW: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Precinct 2, seconded by Commissioner Precinct 1 to 8 approve item 1.5 of the agenda package, and that is to 9 allow Allstate Insurance Company to mail group coverage 10 certificates to the insured's address of record, that 11 being with American Heritage Life Insurance Company. Is 12 there any further comment or discussion? There being 13 none, those in favor signify by raising your right 14 hands. It's 4-0-1, it passes unanimously. One 15 abstention, myself. 16 Item 1.6 consider, discuss and take 17 appropriate action on personnel matter. That'll be 18 discussed in executive session. 1.7 will be also 19 discussed there, and also 1.8. 20 So for right now let's go to pay some bills, 21 2.1 let's pay the bills. 22 MRS. DOSS: Yes. You received a print out 23 of the bills. The total for Kerr County is $34,264.87. 24 Adult Probation $8,310.00. Airport $590.47. Juvenile 25 Probation $39,649.75. 14 1 COMMISSIONER LETZ: Move to pay the bills as 2 presented. 3 COMMISSIONER BELEW: Second. 4 JUDGE POLLARD: Been moved by Commissioner 5 Precinct 3, seconded by Commissioner Precinct 1 to pay 6 the bills as submitted in the agenda package under item 7 2.1, and as dictated into the record by the County 8 Auditor. Is there any further comment or question? 9 There being none, those in favor of the motion signify 10 by raising their right hands. It's four zero, 11 unanimous. One abstention, myself. 12 2.2 budget amendments? 13 MRS. DOSS: No budget amendments. 14 JUDGE POLLARD: None. 2.3 late bills. 15 MRS. DOSS: None. 16 JUDGE POLLARD: None, all right. 17 With that, we'll go into closed session. 18 (Executive Session.) 19 JUDGE POLLARD: All right, we're in open 20 session considering item 1.6 on the agenda, that is 21 consider, discuss and take appropriate action on 22 personnel matter with regard to Maggie Baker's position, 23 the Veterans Service Officer. 24 COMMISSIONER MOSER: I make a motion that we 25 accept the resignation of Maggie Baker as County 15 1 Veterans Service Officer effective today. That's my 2 motion. 3 JUDGE POLLARD: And thank her for her 4 services. 5 COMMISSIONER MOSER: And thank her for her 6 services and wish her the very best. 7 COMMISSIONER HARRIS: Second. 8 JUDGE POLLARD: All right, it's been moved 9 by Commissioner Precinct 2, seconded by Commissioner 10 Precinct 4 to accept the resignation of Maggie Baker, 11 effective today, and to thank her for her services. Is 12 there any further comment or discussion? There being 13 none, those in favor signify by raising your right 14 hands. That's a five zero vote. All right, thank you 15 very much. 16 Now we're going to go back into closed 17 session again. Please change the posting on the door. 18 (Executive Session.) 19 JUDGE POLLARD: All right, we're in open 20 session again. Is there any action to be taken at this 21 time? 22 COMMISSIONER MOSER: Go for it. 23 COMMISSIONER LETZ: I make a motion that we 24 accept the resignation -- or excuse me, the retirement 25 of the County Clerk effective December 31st, 2018, and 16 1 ask the County Attorney for the Court Order to the 2 current County Clerk acknowledging that court order, and 3 that that covers the election -- or her newly appointed 4 election as well. 5 COMMISSIONER MOSER: And we're accepting 6 that based on discussions with the County Attorney who 7 received a letter from the County Clerk, and spoke with 8 her. 9 COMMISSIONER LETZ: Right. I agree to that 10 addition. 11 JUDGE POLLARD: Is there a second? 12 COMMISSIONER HARRIS: Second. 13 JUDGE POLLARD: It's been moved by 14 Commissioner Precinct 3, seconded by Commissioner 15 Precinct 4 to accept the notice of intent to retire of 16 the County Clerk, and subject to further inquiries by 17 the County Attorney. 18 COMMISSIONER MOSER: Affective December 19 31st, 2018. 20 JUDGE POLLARD: Yeah. She's retiring 21 effective December 31 of this year. All right, any 22 further comment or question? If not, those in favor of 23 the motion signify by raising there right hands. It's 5 24 zero, unanimous. 25 All right, is there any further business for 17 1 the Commissioners' Court on this session? 2 SHERIFF HIERHOLZER: I think this lady 3 wanted to speak in the public forum of the Court. 4 COMMISSIONER LETZ: We don't have a public 5 forum today. Not until Monday. 6 JUDGE POLLARD: All right, so we close this 7 session now, and we go into the workshop, is that what 8 we're doing now? 9 COMMISSIONER BELEW: Can we take a break and 10 use the restroom? 11 JUDGE POLLARD: Yes. Ten minutes. 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 18 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 4 I, DEBRA ELLEN GIFFORD, Certified Shorthand 5 Reporter in and for the State of Texas, and Official 6 Court Reporter in and for Kerr County, do hereby certify 7 that the above and foregoing pages contain and comprise 8 a true and correct transcription of the proceedings had 9 in the above-entitled Commissioners' Court. 10 Dated this the 29th day of November, A.D. 11 2018. 12 13 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 14 No. 953 Expiration Date 12/31/2018 15 * * * * * * 16 17 18 19 20 21 22 23 24 25