1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Tuesday, January 1, 2019 6 9:00 a.m. 7 District Courtroom #2 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 ROB KELLY, Kerr County Judge 24 HARLEY BELEW, Commissioner Precinct 1 TOM MOSER, Commissioner Precinct 2 25 JONATHAN LETZ, Commissioner Precinct 3 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioners' Comments. 3 4 1.1 Approval of Bonds of all Elected Officials 5 and/or appointed officials whose bonds 5 have not previously been approved by Commissioners' Court. 6 1.2 Acknowledge existence and continuation of 6 7 all other Bonds. 8 1.3 Administer Oaths to all Elected officials 7 and/or appointed officials whose terms of 9 office continue or commence on January 1, 2019. 10 1.4 Approve application(s) to appoint Deputies 20 11 or Assistants of all other Elected Officials whose terms of office continue or commence 12 on January 1, 2019. 13 *** Adjournment. 21 14 *** Reporter's Certificate. 22 15 ` * * * * * * 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE POLLARD: All right, it's January the 2 1st, 2019. The Kerr County Commissioners' Court is now 3 in session. It's now about 9:03 a.m. And the first 4 part is where the visitors get a chance to speak. 5 COMMISSIONER LETZ: Prayer and the Pledge. 6 JUDGE POLLARD: Oh, I'm sorry. We gotta do 7 the prayer and the Pledge first right here. 8 COMMISSIONER LETZ: Please stand and follow 9 me in prayer. 10 (The Prayer and the Pledge of Allegiance.) 11 JUDGE POLLARD: All right, now we get to 12 this part where the citizens get a chance to talk on 13 anything that's not on the agenda. Is there anybody 14 wishing to speak? If so, please try to limit your 15 comments to three minutes. Is there anyone wishing to 16 speak? 17 There being none, we'll go to the next part 18 of the agenda, which is the Commissioners and the County 19 Judge use this to make comments about accomplishments, 20 etc. We'll start with Precinct 1. 21 COMMISSIONER BELEW: Had frost on my 22 windshield this morning. Slept through New Year's Eve, 23 and I feel good about it. Good to see all your smiling 24 faces this morning. 25 COMMISSIONER MOSER: Well, the only comment 4 1 I have is just to reflect back on 2018 being absolutely 2 fantastic for Kerr County, and I think to appreciate 3 you, Judge, for what you've done in making it the 4 success that it was, so -- 5 JUDGE POLLARD: Thank you very much. Well, 6 it's been a pretty long almost five years. I'm ready to 7 get out of here. Been looking forward to this for a 8 good while, and I want to say that it's been a real 9 pleasure and an honor to represent all the citizens of 10 Kerrville and all of the employees here at the 11 courthouse. I've said it several times before, and I 12 don't think I can say it enough, these are very 13 dedicated, loyal, hard working people here at the 14 courthouse, all of the elected officials, as well as the 15 other employees. And I want to thank all of them for 16 everything that they've done in the past during my 17 tenure on the bench, and for the citizens of Kerrville. 18 I really think they're great people, and I appreciate 19 them very much. All right. 20 COMMISSIONER LETZ: The only thing I'd like 21 to say is that Judge Pollard, it's been a pleasure to 22 serve with him. He's done a fantastic job as County 23 Judge. And next, I think everyone in this room knows 24 that it's been an unusual fall for Commissioners' Court, 25 there's been a lot of change in a lot of elected 5 1 offices, and with many of these people are here today, 2 and looking forward to serving the next couple of years 3 with them, and I think it's going to be a great 2019. 4 COMMISSIONER HARRRIS: Well, everything's 5 pretty much been said by the time it gets to me. But I 6 want to say that I appreciate everything Judge Pollard 7 has done before I got here over the last five years that 8 he's been serving. He's been an inspiration, he's been 9 a big help to me being the new kid on the block, as well 10 as these other Commissioners. And I look forward to 11 2019. 12 JUDGE POLLARD: All right, get down to the 13 first item on the agenda is item 1.1. This is approval 14 of the bonds for all elected officials, and/or appointed 15 officials whose bonds have not been previously approved 16 by the Commissioners' Court. We'll start off with the 17 first one, it is -- 18 COMMISSIONER LETZ: Do we do each one 19 individually, Judge, or can we read them all and do them 20 all at one time? 21 JUDGE POLLARD: Why don't you just read them 22 all and do them all at one time, if that's agreeable. 23 COMMISSIONER MOSER: That's good. 24 COMMISSIONER LETZ: First, we have one for 25 Rob L. Kelly, we have Melvin "Rex" Emerson, Jr., Jackie 6 1 Dowdy, Thomas L. Moser, Don R. Harris, Susan F. Harris, 2 Heather Stebbins, Dawn K. Lantz, Tracy Soldan, Lee C. 3 Voelkel, William Ragsdale, Kathy Mitchell, Mitzi French, 4 J. R. Hoyne, James D. Lang, Reagan William Givens, Kyle 5 Schneider, and that is it. 6 I make a motion that we approve the bonds 7 that were read into the record. 8 COMMISSIONER BELEW: Second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Precinct 3, seconded by Commissioner Precinct 2(sic) to 11 approve all the bonds that were read into the record. 12 Is there any further comment, question or discussion? 13 There being none, those in favor of the motion signify 14 by raising your right hands. It is five zero, 15 unanimous. 16 COMMISSIONER MOSER: He can't hear out of 17 this ear. 18 JUDGE POLLARD: That gets us down the line 19 reading them all at once. 20 Item 1.2 acknowledge the existence and 21 continuation of all other bonds. Are there any others 22 that we need to knowledge? 23 COMMISSIONER LETZ: I think that -- are we 24 acknowledging our bonds? Acknowledging the continuation 25 of the bonds of all other County elected officials, I 7 1 make a motion to that effect. 2 JUDGE POLLARD: The motion is now what? 3 COMMISSIONER LETZ: To approve the 4 continuance of all bonds of other elected officials. 5 JUDGE POLLARD: Previously elected 6 officials. 7 COMMISSIONER LETZ: Previously elected 8 officials, and other county personnel. 9 JUDGE POLLARD: Okay. 10 COMMISSIONER MOSER: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Precinct 3, seconded by Commissioner Precinct 2 to 13 approve all of the existing bonds of previously elected 14 or appointed officials of the County. Is there any 15 further comment or discussion? There being none, those 16 in favor of the motion signify by raising their right 17 hands. It's five zero, unanimous. 18 1.3. This is the one I've been waiting for. 19 We now administer oaths, and I would like to call the 20 Honorable Rob Kelly forward. Come around. 21 JUDGE WILLIAMS: First off, Judge Pollard, I 22 have to say before you step aside so quickly, I remember 23 back in 2008 when I was running for district court Judge 24 Pollard was one of the first fellows to come up and say, 25 you know, Keith, you better be careful what you wish 8 1 for, you might just get it. And a few years later -- 2 and that was true. And a few years later we ran into 3 each other again, you came up to me and said I'm going 4 to run for County Judge. I said you better be careful 5 what you wish for, you might just get it. So, Rob, I 6 guess that applies to you, too. 7 Folks, I need to say something real brief if 8 I could about Rob and Vicki, but in particular Rob this 9 morning since he's being honored and sworn in. We met 10 in May of 1978, almost 41 years ago. Rob and I 11 practiced law with the law firm of Groce Locke & Hebdon, 12 and it was a large firm, the best firm in San Antonio we 13 both believe, and got to know him well then. We handled 14 litigation together, and I will tell you then as now he 15 was always prepared, he was effective, he was a zealous 16 advocate and he represented people well, and dealt with 17 people well, and we were always very proud of him. And 18 of course that remains. 19 We went our separate ways. Of course he was 20 in El Paso a while and came back to San Antonio, and 21 then ultimately moved to Kerrville. And we're glad to 22 have him back and we were able to reconnect and our 23 friendship has continued almost 41 years. 24 I think most of you have heard about his 25 effective advocacy and his preparedness, and his 9 1 thoroughness have continued through today because for 2 the last 12 months Rob has really prepared like nobody 3 I've seen for a smooth, seamless transition from the 4 tenure of Judge Pollard, who now will be Judge Kelly, 5 and he is prepared. He's been to the meetings, been to 6 Juvenile Court, and all the mental -- all the -- not 7 you're mental, not you're mental. But anyway, he's been 8 so prepared and worked so hard working with these 9 Commissioners and I think they know this as well that 10 it'll be one where they can go straight into 2019 11 without a hitch. And so I am very, very proud of him, 12 and proud to have him as a friend, and an honor to swear 13 him in. 14 With his permission, I would like to read 15 something. Jonathan, I appreciate your prayer this 16 morning, and it made me realize I really did want to 17 read this. This is a prayer for the Judge's bench. 18 It's from the American Judicial Alliance. I want to 19 read this because I think it particularly applies to 20 Judge Kelly this morning, and of course to Judge Emerson 21 who will be sworn in later, the other judges, and Judge 22 French, and Judge Harris and others. 23 But let me read this and this would apply 24 for all of us. God, our heavily chief justice, may 25 courthouse be a temple of justice. May my courtroom be 10 1 an instrument of your truth, with its witness chair 2 advancing only truth, its counsel table only ethical 3 advocacy, and its bench impartially applying correct law 4 to the facts at hand. May these chambers be a safe word 5 of honor, and may this Judge be a minister of wisdom, 6 and oh Supreme Judge of judges, give me this day a wise 7 heart, lead me not into complacency but deliver from me 8 judicial arrogance until you summon me to your holy 9 judgment for that is the highest law forever. In the 10 name and through the merits of Jesus Christ, our Son and 11 our Savior. Amen. 12 This first prayer was from America's 1st 13 Continental Congress, which concluded in this manner 14 September 7th of 1774. 15 All right, Vicki, hold the bible, and Rob 16 put your right hand -- or left hand on the Bible and 17 repeat after me. 18 I, Robert L. Kelly -- 19 JUDGE-ELECT KELLY: I, Robert L. Kelly -- 20 JUDGE WILLIAMS: -- do solemnly swear -- 21 JUDGE-ELECT KELLY: -- do solemnly swear -- 22 JUDGE WILLIAMS: -- that I have not directly 23 or indirectly paid or promised to pay -- 24 JUDGE-ELECT KELLY: -- that I have not 25 directly or indirectly paid or promised to pay -- 11 1 JUDGE WILLIAMS: -- contributed or promised 2 to contribute -- 3 JUDGE-ELECT KELLY: -- contributed or 4 promised to contribute -- 5 JUDGE WILLIAMS: -- any money or thing of 6 value -- 7 JUDGE-ELECT KELLY: -- any money or thing of 8 value -- 9 JUDGE WILLIAMS: -- or promised any public 10 office -- 11 JUDGE-ELECT KELLY: -- or promised any 12 public office -- 13 JUDGE WILLIAMS: -- or employment for the 14 giving or withholding of a vote -- 15 JUDGE-ELECT KELLY: -- or employment for the 16 giving or withholding of a vote -- 17 JUDGE WILLIAMS: -- at the election of which 18 I was elected -- 19 JUDGE-ELECT KELLY: -- at the election of 20 which I was elected -- 21 JUDGE WILLIAMS: -- or as a reward to secure 22 my employment or confirmation -- 23 JUDGE-ELECT KELLY: -- or as a reward to 24 secure my employment or confirmation -- 25 JUDGE WILLIAMS: -- whichever the case may 12 1 be, so help me God. 2 JUDGE-ELECT KELLY: -- whichever the case 3 may be, so help me God. 4 JUDGE WILLIAMS: Under penalties of 5 perjury -- 6 JUDGE-ELECT KELLY: Under penalties of 7 perjury -- 8 JUDGE WILLIAMS: -- I declare that I have 9 read the foregoing statement and the facts stated 10 therein are true. 11 JUDGE-ELECT KELLY: -- I declare that I have 12 read the foregoing statement and the facts stated 13 therein are true. 14 JUDGE WILLIAMS: All right, congratulations, 15 Judge Kelly, proud of you. Vicki. 16 (Applause.) 17 (Off the record.) 18 JUDGE WILLIAMS: If that oath sounded a 19 little bit odd, it reflects no bribery. And I knew we 20 were missing something. We have a separate oath for the 21 particular office. 22 One more time. 23 COMMISSIONER BELEW: Well, I feel better 24 about it all anyway that I heard you say that. Thank 25 you, Keith. 13 1 JUDGE WILLIAMS: You know, first things 2 first. Now we get to the real part. I knew we were 3 missing there. Well, one different time. And you're 4 not Judge yet. We're going to withdraw and -- 5 retroactively withdraw. 6 Okay, repeat after me: I, Robert L. 7 Kelly -- 8 JUDGE-ELECT KELLY: I, Robert L. Kelly -- 9 JUDGE WILLIAMS: -- do solemnly swear -- 10 JUDGE-ELECT KELLY: -- do solemnly swear -- 11 JUDGE WILLIAMS: -- that I will faithfully 12 execute the duties -- 13 JUDGE-ELECT KELLY: -- that I will 14 faithfully execute the duties -- 15 JUDGE WILLIAMS: -- of the office of Kerr 16 County Judge -- 17 JUDGE-ELECT KELLY: -- of the office of Kerr 18 County Judge -- 19 JUDGE WILLIAMS: -- of The State of Texas -- 20 JUDGE-ELECT KELLY: -- of The State of 21 Texas -- 22 JUDGE WILLIAMS: -- and will to the best of 23 my ability -- 24 JUDGE-ELECT KELLY: -- and will to the best 25 of my ability -- 14 1 JUDGE WILLIAMS: -- preserve, protect and 2 defend -- 3 JUDGE-ELECT KELLY -- preserve, protect and 4 defend -- 5 JUDGE WILLIAMS: -- the Constitution -- 6 JUDGE-ELECT KELLY: -- the Constitution -- 7 JUDGE WILLIAMS: -- and laws of the United 8 States -- 9 JUDGE-ELECT KELLY: -- and laws of the 10 United States -- 11 JUDGE WILLIAMS: -- and of this state -- 12 JUDGE-ELECT KELLY: -- and of this state -- 13 JUDGE WILLIAMS: -- so help me God. 14 JUDGE-ELECT KELLY: -- so help me God. 15 JUDGE WILLIAMS: Congratulations again. 16 JUDGE POLLARD: I'm gone. It's yours. 17 (Off-the-record discussion.) 18 JUDGE KELLY: Well, you can see we're 19 prepared. I didn't know I was going to be presiding 20 this morning, but here I am. It's kind of like Forrest 21 Gump, you know, life's like a box of chocolate, you 22 never know what you're going to get. 23 The next swearing in will be the District 24 Judge for the 198th Judicial District, the Honorable Rex 25 Emerson. 15 1 JUDGE WILLIAMS: You sure you want this guy 2 here with you? 3 JUDGE EMERSON: I don't know. 4 JUDGE WILLIAMS: I can't let this go either, 5 and I'll be brief here. Everybody knows how important 6 it is to have good relationships amongst the judges in 7 the courthouse, and it's the only other District Judge 8 in this community. Judge Emerson and I have over the 9 years since 2009 have developed a really good close work 10 relationship. That's huge. We cover for each other, we 11 cover things that are important, and try to be 12 consistent in what we're doing in our thoughts about 13 things. It isn't always possible, but he's proven to be 14 incredibly reliable, and he's a gem for this community, 15 and I think most of you know that. He has a strong work 16 ethic and it's really, really my honor to be able to 17 work along side with Rex and our staff together. 18 So, Rex, I'm proud of you once again, and 19 your willingness to commit to another four years. This 20 little guy here is Garrett Emerson. This is Rex's son, 21 and he has just relocated his practice of law to Kerr 22 County, Kendall and Kerr. You're in Comfort? 23 MR. EMERSON: Gillespie and Bandera. 24 CONSTABLE WILKE: Well, but you're living in 25 Comfort. In other words The State of Texas? 16 1 MR. EMERSON: Right. 2 JUDGE WILLIAMS: But he's just relocated and 3 we'll be seeing him around a little bit more. And this 4 is Kelly, Rex's wife, who's going to help him along the 5 way the next four years. Right, Kelly? 6 MRS. EMERSON: Right. 7 JUDGE WILLIAMS: Rex, please place your hand 8 on the Bible and be sworn. 9 (The Honorable Rex Emerson was sworn into 10 the office of the 198th Judicial District Court Judge by 11 the Honorable Keith Williams.) 12 JUDGE WILLIAMS: Congratulations. 13 JUDGE EMERSON: Thank you. 14 JUDGE KELLY: Next will be the swearing in 15 of Jackie Dowdy as Kerr County Clerk. 16 JUDGE EMERSON: Please repeat after me. 17 (Jackie Dowdy was sworn into the office of 18 Kerr County Clerk by The Honorable Rex Emerson.) 19 JUDGE EMERSON: Congratulations. 20 MRS. DOWDY: Thanks. 21 JUDGE KELLY: The next swearing in will be 22 County Commissioner Tom Moser, Precinct 2. 23 JUDGE EMERSON: Please repeat after me. 24 (Thomas L. Moser was sworn into the office 25 of Kerr County Commissioner Precinct 2 by The Honorable 17 1 Rex Emerson.) 2 JUDGE EMERSON: Congratulations. 3 COMMISSIONER MOSER: Thank you. 4 JUDGE KELLY: The next swearing in will be 5 Commissioner Don Harris Precinct 4. 6 JUDGE EMERSON: Please repeat after me. 7 (Don Harris was sworn into the office of 8 Kerr County Commissioner Precinct 4 by The Honorable 9 Rex Emerson.) 10 JUDGE EMERSON: Congratulations. 11 COMMISSIONER HARRIS: Thank you. 12 JUDGE KELLY: Next is Judge Susan Harris of 13 the Kerr County Court at law. 14 JUDGE EMERSON: Who do you want, Susan? 15 JUDGE HARRIS: Judge, you're great. You're 16 on a roll. 17 JUDGE EMERSON: Please repeat after me. 18 (The Honorable Susan Harris was sworn into 19 the office of the Kerr County Court at Law Judge by The 20 Honorable Rex Emerson.) 21 JUDGE EMERSON: Congratulations. 22 JUDGE HARRIS: Thank you. 23 JUDGE KELLY: Next will be the swearing in 24 for the Kerr County Attorney, Heather Stebbins. 25 MRS. STEBBINS: You just need to approve my 18 1 bond. 2 JUDGE KELLY: We've approved it. 3 MRS. STEBBINS: Thank you. 4 JUDGE KELLY: Next will be the District 5 Clerk for Kerr County, Mrs. Dawn Lantz. 6 JUDGE EMERSON: Please repeat after me. 7 (Dawn Lantz was sworn into the office of 8 Kerr County District Clerk by the Honorable Rex 9 Emerson.) 10 JUDGE EMERSON: Congratulations. 11 MRS. LANTZ: Thank you. 12 JUDGE KELLY: Next swearing in will be for 13 Kerr County Treasurer, Tracy Soldan. 14 JUDGE EMERSON: Please repeat after me. 15 (Tracy Soldan was sworn into the office of 16 Kerr County Treasurer by the Honorable Rex Emerson.) 17 JUDGE EMERSON: Congratulations. 18 JUDGE KELLY: Next will be Kerr County 19 Surveyor, Lee Voelkel. 20 JUDGE EMERSON: Please repeat after me. 21 (Lee Voelkel was sworn into the office of 22 Kerr County Surveyor by the Honorable Rex Emerson.) 23 JUDGE EMERSON: Congratulations. 24 JUDGE KELLY: Next will be Justice of the 25 Peace Precinct 4, William Ragsdale. 19 1 JUDGE EMERSON: Please repeat after me. 2 (William Ragsdale was sworn into the office 3 of Justice of the Peace Precinct 4 by The Honorable Rex 4 Emerson.) 5 JUDGE EMERSON: Congratulations. 6 JUDGE RAGSDALE: Thank you. 7 JUDGE KELLY: Next will be Justice of the 8 Peace Precinct 3, Kathy Mitchell. (With Granddaughter.) 9 COMMISSIONER BELEW: You know how to bump 10 everybody else out of the picture. 11 JUDGE EMERSON: Repeat after me. 12 (The Honorable Kathy Mitchell was sworn into 13 the office of Justice of the Peace Precinct 3 by the 14 Honorable Rex Emerson.) 15 JUDGE EMERSON: Congratulations. 16 JUDGE MITCHELL: Thank you. 17 JUDGE KELLY: Next will be Kerr County 18 Justice of the Peace Precinct 1, Mitzi French. 19 (The Honorable Mitzi French was sworn into 20 the office of Justice of the Peace Precinct 1 by the 21 Honorable J. R. Hoyne.) 22 JUDGE KELLY: Next will be the Kerr County 23 Justice of the Peace Precinct 2, J. R. Hoyne. They just 24 switched around. 25 (The Honorable J. R. Hoyne was sworn into 20 1 the office of Justice of the Peace Precinct 2 by the 2 Honorable Mitzi French.) 3 JUDGE KELLY: Next on the agenda is to 4 approve the applications to appoint deputies or 5 assistants of all other elected officials whose terms of 6 office continue or commence on January 1, 2019. 7 First is the office of Kerr County Constable 8 Precinct 2 James Lang. 9 JUDGE KELLY: Please raise your right hand 10 and repeat after me. 11 (James Lang was sworn into the office of 12 Constable Precinct 2 by the Honorable Rob Kelly.) 13 JUDGE KELLY: Congratulations. 14 CONSTABLE LANG: Thank you. 15 JUDGE KELLY: Next is Kerr County Constable 16 Precinct 2 Reagan Givens. 17 JUDGE KELLY: Raise your right hand and 18 repeat after me. 19 (Constable Reagan Givens was sworn into the 20 office of Constable Precinct 2 by the Honorable Rob 21 Kelly.) 22 JUDGE KELLY: Congratulations. 23 And the next one is Kerr County Constable 24 Precinct 2 Sean Gore. And those of you that don't 25 recognize, some of these are with our Animal Services 21 1 Department, which are Constables in Kerr County 2 Precinct 2. 3 Raise your right hand and repeat after me. 4 (Sean Gore was sworn into the office of 5 Constable Precinct 2 by the Honorable Rob Kelly.) 6 JUDGE KELLY: Congratulations. 7 And last but not least, Kerr County 8 Constable Precinct 2 Kyle Schneider, who is the elected 9 Constable for Precinct 2. 10 (Kyle Schneider was sworn into the office of 11 Constable Precinct 2 by the Honorable J. R. Hoyne. 12 JUDGE KELLY: Is there any more business for 13 the Commissioners' Court? Now, before everybody gets 14 away be sure and get your affidavit signed over here 15 with our new County Clerk, Jackie Dowdy, and our First 16 Assistant Anita VanKlaveren. 17 So with that if there's no other business 18 the Commissioners' Court is adjourned. 19 * * * * * * 20 21 22 23 24 25 22 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 Reporter in and for Kerr County, do hereby certify that 6 the above and foregoing pages contain and comprise a 7 true and correct transcription of the proceedings had in 8 the above-entitled Commissioners' Court? 9 Dated this the 18th day of January, A.D. 10 2019. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 12/31/2020 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25