1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Thursday, January 17, 2019 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: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 DON HARRIS, Commissioner Precinct 4 25 2 1 I-N-D-E-X 2 NO. PAGE 3 1.1 Pay Bills. 3 4 1.2 Budget Amendments. 3 5 1.4 Payroll. 4 6 2.1 Reports regarding Commissioners/Liaison 5 Committee Assignments as per attachment. 7 *** Adjournment. 15 8 *** Reporter's Certificate. 16 9 10 * * * * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE KELLY: Okay. It is Thursday, January 2 the 17th, 9 o'clock, and the Kerr County Commissioners' 3 Court is now in session. This is our bill pay docket, 4 so let's start with what we've got. 5 MRS. JOHNSON: We have Kerr County for 6 $103,193.68. And other disbursements for the Treasurer 7 to disburse would be Adult Probation $360.66. Airport 8 $5,699.12. Juvenile probation $38,506.21. And fund 95 9 for 198th DA is $2,645.01. 10 JUDGE KELLY: And remind me, what's fund 95. 11 MRS. JOHNSON: That is the forfeiture 12 account for the 198th DA. 13 COMMISSIONER MOSER: Move that we pay the 14 bills as presented. 15 JUDGE KELLY: Motion by Commissioner Moser. 16 Second from -- 17 COMMISSIONER HARRIS: (Raising hand.) 18 JUDGE KELLY: -- Commissioner Harris. Those 19 in favor raise your hand. Those opposed? Four zero, 20 unanimous. 21 Any budget amendments? 22 MRS. JOHNSON: Yes, I have five. Do you 23 want me to read them? 24 JUDGE KELLY: Summarize them maybe. 25 MRS. JOHNSON: The first one we're moving 4 1 insurance -- putting insurance proceeds to the capital 2 outlay account. And then we have the -- most of them 3 were for newly elected officials, and covering their 4 bonds money. And then we have number five is the old 5 records preservation, and we're putting money into the 6 workers comp. 7 JUDGE KELLY: These are all usual and 8 customary? 9 MRS. JOHNSON: I'm sorry? 10 JUDGE KELLY: These are usual and customary 11 amendments? 12 MRS. JOHNSON: Yes. 13 JUDGE KELLY: Is there a motion? 14 COMMISSIONER BELEW: I move that we accept 15 the amendments to the budget. 16 COMMISSIONER HARRIS: Second. 17 JUDGE KELLY: We have a motion by 18 Commissioner Belew, second by Commissioner Harris. Any 19 further discussion? Those in favor raise your hand. 20 Unanimous, four zero. 21 Late bills? 22 MRS. JOHNSON: There are none. 23 JUDGE KELLY: Payroll? 24 MRS. JOHNSON: Yes, there's one. 25 MRS. SOLDAN: We have a special payroll this 5 1 week in the amount of $1,509.75. Apparently last week's 2 payroll paid the wrong J.P. for mental health hearings, 3 and so we're paying the correct J.P. this time, and 4 we'll reverse the payment from the other J.P. with next 5 week's payroll. 6 JUDGE KELLY: But nobody died, right? 7 MRS. SOLDAN: Nobody died. 8 JUDGE KELLY: Okay, all good. Do we have a 9 motion? 10 MRS. HARRIS: Move to accept. 11 JUDGE KELLY: Okay, we got a motion by 12 Commissioner Harris to approve the payroll. 13 COMMISSIONER MOSER: Second. 14 JUDGE KELLY: Second from Commissioner 15 Moser. Those in favor raise your hand. Opposed? Four 16 zero, unanimous. 17 Information agenda. I do have a few things 18 I need to report. I got an e-mail, I'm happy to share 19 it with you, from Nathan McDaniel, who is Congressman 20 Chip Roy's Chief of Staff, reurging his desire to rent 21 space here at the courthouse. I replied to him that if 22 that's the majority of the Court's wishes, then I won't 23 obstruct that, but I don't think it's a good idea. And 24 so I bring that to your attention for consideration if 25 you want to put it back on the agenda. I asked him, and 6 1 he said if the majority didn't want to do it he didn't 2 want it on the agenda. 3 COMMISSIONER BELEW: Is it security reasons 4 basically, or space, or all of the above? 5 JUDGE KELLY: My reason? 6 COMMISSIONER BELEW: Your objection, yeah. 7 JUDGE KELLY: My reason is probably more 8 planning. This is an old courthouse. We have very 9 little space. It's very difficult to plan it. I know 10 we're working with Peter Lewis and we're trying to come 11 up with better use of our space downstairs in the 12 basement, but the truth of the matter is we don't really 13 have spare space to be renting out. And I think we need 14 to look at the county's future needs more than we do the 15 Federal Government. I'm not a Federal Government fan by 16 the way, and I go on record saying that. As I told the 17 guy yesterday, he was here from the Federal Government, 18 and I said I know you're here to tell us that you are 19 going to help us, but I don't believe ya. 20 COMMISSIONER MOSER: Right. You did say 21 that. I think we probably all got the same letter or 22 same e-mail, and probably verbatim, and I haven't 23 answered it yet, but I think it's a good answer. I'm 24 just against it, okay, of renting that space. Two 25 hundred dollars a month, it's not that. And I just 7 1 think that there's probably going to be more people 2 protesting things, and this courthouse doesn't need to 3 have that. This is going to be security impact, and 4 parking, and he really doesn't address parking. He 5 thought there was plenty for their constituents; 6 however -- 7 JUDGE KELLY: He wasn't here this week. 8 COMMISSIONER HARRIS: Yeah. 9 COMMISSIONER MOSER: You know, I'm just not 10 in favor of it. 11 COMMISSIONER BELEW: I'm curious why he 12 didn't just take over Lamar Smith's old office? 13 JUDGE KELLY: Me too. 14 COMMISSIONER HARRIS: Yeah. 15 COMMISSIONER MOSER: It was already there, 16 yeah. 17 JUDGE KELLY: Well, frankly I wish he hadn't 18 put us in the position to having to make a decision for 19 it. 20 COMMISSIONER HARRIS: Right. You know, I 21 pretty much echo what Commissioner Moser said, security 22 and parking was my main concern going into this when I 23 first met with him. And I hope he's here in Kerrville 24 someplace, but not just right here. 25 COMMISSIONER MOSER: So we need to just send 8 1 a message back to him that you don't think it's going to 2 work. 3 JUDGE KELLY: Well, I've already sent a 4 message, he replied to it. My message was that I'd put 5 it back on the agenda, that if the majority of the Court 6 is interested in doing it. He replied to me that if the 7 majority's not that he doesn't want it on the agenda, 8 so -- 9 COMMISSIONER MOSER: So why doesn't Jody 10 send him a message and say the sense is -- 11 JUDGE KELLY: Or I will. I'll send him a 12 message. 13 COMMISSIONER MOSER: Send him a message that 14 the sense is you don't think it would pass. 15 JUDGE KELLY: Jody has to do enough stuff 16 for us. 17 COMMISSIONER BELEW: I don't have the same 18 misgivings about it as far as security and the rest of 19 it, you know. Things happen at the courthouse, but we 20 are cramped for space. But if it came to that, I think 21 there's an upshot to it, too. 22 JUDGE KELLY: We understand that. It's a 23 balance. 24 COMMISSIONER MOSER: Well, I think I said 25 publicly there on the record that I would -- I was 9 1 against it from what we saw. 2 COMMISSIONER HARRIS: I think the exact 3 words you were 60/40 against it, and that's about where 4 I was. I maybe softened that stance a little bit after 5 listening to the Sheriff, but not enough. 6 COMMISSIONER BELEW: Well, we could tell him 7 that we're just learning to get along with the City, and 8 we're not ready to tackle the Federal Government. 9 JUDGE KELLY: Well, that's a subject segue 10 to the next topic I have to discuss this morning. 11 There's been wide coverage of our vote on the Interlocal 12 Agreement, and I got a text last night from Mayor 13 Blackburn. If you'll recall when I went over to meet 14 with -- this is back before I took office. That's why I 15 could send that e-mail legally back then that I can't 16 send now. So this is the only forum I've got to discuss 17 it. They wanted to set up a lunch, a meet and greet 18 lunch on February the 5th, to be followed up by another 19 meeting to be determined to talk issues that relate to 20 City and County matters. I relayed that. Last night I 21 got a text from Bill Blackburn pretty much on the heels 22 of our vote on Monday wanting to know if we were still 23 on for the 5th, and I informed him that we never got on 24 the 5th. 25 COMMISSIONER MOSER: We never got on. 10 1 JUDGE KELLY: I think we're all on the same 2 page. I informed the Commissioners, but I didn't get 3 any response. And so I got, you know, a little guilt 4 trip of oh, disappointing was the text or response, and 5 I said well, you know, if the Commissioners aren't 6 interested in meeting with you right now, this is a busy 7 time of the year for us. Stock show, and first of the 8 year business, this has been a very busy time. I've had 9 no free time. 10 COMMISSIONER MOSER: Well, I don't think a 11 date was proposed, the 5th. 12 JUDGE KELLY: They wanted the first luncheon 13 on the 5th, but we have never scheduled it. 14 COMMISSIONER MOSER: I would have been happy 15 to do it, and I'll still be happy to do it. I just 16 didn't know that there was a date. They said there was 17 a desire to do it at some point. 18 COMMISSIONER HARRIS: That's what I thought. 19 COMMISSIONER MOSER: I didn't know there was 20 a date proposed, because I think my comment was I hope 21 they show up because last time we did one they didn't 22 show up. 23 JUDGE KELLY: I remember that. 24 COMMISSIONER MOSER: So if they want to do 25 it on the 5th, I'm for that. 11 1 COMMISSIONER BELEW: That pushy attitude is 2 why we don't get along right now. 3 COMMISSIONER MOSER: No. We do. 4 COMMISSIONER BELEW: The 5th is -- 5 COMMISSIONER HARRIS: I can go on the 5th. 6 COMMISSIONER BELEW: I can do that. 7 COMMISSIONER MOSER: Well, why don't you 8 have him propose a date. I didn't know the 5th was 9 proposed, period. 10 JUDGE KELLY: Well, that was the McDaniel 11 proposal. If y'all don't know February the 5th is the 12 legislative day for counties in Austin, and I've been 13 asked to appear there with Senator Buckingham and 14 Representative Murr, so I'm not available on the 5th. 15 There's no disinterest; it's just a conflict. 16 COMMISSIONER HARRIS: And honestly, you 17 know, for the short term a Monday afternoon after our 18 Commissioners' Court might be better for me. 19 COMMISSIONER MOSER: That's fine with me. 20 JUDGE KELLY: Okay. Then I'll respond that 21 we're amenable, we just need to work out a date and 22 time. 23 COMMISSIONER BELEW: I think that's good. 24 COMMISSIONER MOSER: Absolutely. We 25 encourage it. 12 1 JUDGE KELLY: Good. The last thing I've got 2 is, I think I mentioned this to y'all, we have our 3 Treasurer here who is -- we have the Kerr County Bail 4 Bond Board, I've got the rules and regulations, that 5 meets on the -- is it the fourth -- 6 MRS. SOLDAN: It's the fourth Wednesday of 7 the month. 8 JUDGE KELLY: Which for me is AACOG, that's 9 my AACOG date, so I have a running conflict by serving 10 that. I think I'm an ex officio member of that Board. 11 The rules and regulations do permit me as the County 12 Judge to appoint a Commissioner, a designated 13 Commissioner. I can't designate somebody other than a 14 Commissioner, but I can designate a Commissioner if 15 you're interested on serving on that Board. And Tracy 16 came to me earlier this week. I still have the book 17 right here if anybody's interested in doing this then I 18 would eagerly appoint you. 19 MRS. SOLDAN: And I have one comment to 20 make. Since nobody's jumping up yet, I spoke to Judge 21 Harris because we meet in her jury room or in the 22 courtroom, depending on which might be available, and 23 she's not opposed to changing the day of the month to 24 allow you to come if you are interested in doing that. 25 JUDGE KELLY: Wow, that's just another 13 1 meeting a month. 2 COMMISSIONER BELEW: Just one more. 3 MRS. SOLDAN: Well, it's quarterly. It's 4 not every month; it's just four times a year. 5 JUDGE KELLY: I'm teasing, you know that. 6 COMMISSIONER HARRIS: Commissioner Letz 7 isn't here. 8 JUDGE POLLARD: No, we're not going to do 9 that. 10 COMMISSIONER HARRIS: I'm kidding. I was 11 just kidding. 12 COMMISSIONER BELEW: What exactly happens? 13 JUDGE KELLY: He's got a good excuse for not 14 being here. We're not going to punish him for that. 15 COMMISSIONER BELEW: What is the point of 16 the Board and -- 17 JUDGE KELLY: The County oversees bail 18 bondsmen in the County. And there are very specific 19 requirements and regulations that need to be overseen 20 and enforced. And that is a very vital function of the 21 criminal justice system. So this is something that 22 needs to be done, and if there's somebody on the Court 23 that is interested in doing that, I'm eager to invite 24 your -- 25 COMMISSIONER HARRIS: I wouldn't have a 14 1 problem after May. Until May, I'm -- 2 COMMISSIONER MOSER: One thing I've noticed 3 is if somebody that reports on crime in Kerrville, and 4 bail bonds is associated with that. 5 COMMISSIONER HARRIS: My gosh, same alley, 6 isn't it? 7 COMMISSIONER MOSER: Oh, if they're totally 8 interested in that. 9 COMMISSIONER BELEW: I can do it. And I'll 10 be happy to do it. I can help. 11 JUDGE KELLY: Okay. Then I will officially 12 designate you as the Commissioner to be in charge of it, 13 and if you have any problems making the meetings let me 14 know and I'll fill in. So we'll designate Commissioner 15 Belew, and I'll be the alternate if he can't be there, 16 so -- 17 COMMISSIONER BELEW: What time are the 18 meetings? 19 MRS. SOLDAN: It's 10 a.m. on the fourth of 20 the month, quarterly. So our first one is next 21 Wednesday. 22 JUDGE KELLY: Okay. Do we have any other 23 information to share with Commissioners' Court this 24 morning that's within the scope of our agenda on the 25 information agenda? 15 1 COMMISSIONER MOSER: No. 2 COMMISSIONER BELEW: I don't think so. 3 JUDGE KELLY: I'll report to you that I have 4 changed the time for the probate docket to be called 5 beginning next week. It'll start at ten o'clock instead 6 of 9:30, which will give us more time to be discussing 7 any of the issues that we want to talk about. 8 But with that, I do need to make that docket 9 today, so unless there's something else, then we'll 10 stand adjourned. 11 * * * * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 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 4th day of February, A.D. 10 2019. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/31/2020 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25