1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Thursday, April 4, 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 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** APPROVAL AGENDA: 4 1.1 Pay Bills. 3 5 1.2 Budget Amendments. 3 6 1.4 Approve Payroll. 4 7 1.5 Court Orders. 5 8 1.6 Consider, discuss and take appropriate 5 action on request to authorize County 9 Judge to prepare a letter approving the sale of alcohol at EasterFest being held 10 at Flat Rock Park on April 20, 2019. Letter to be sent to the Texas Alcoholic Beverage 11 Commission. 12 *** Reporter's Certificate. 15 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE KELLY: Okay, we'll come to order. It 2 is Thursday, March the 4th -- or April the 4th, 2019. 3 It's a little after 9 o'clock and the Commissioners' 4 Court will now be in session. This is our bill pay 5 docket. 6 We'll start with item 1.1 on paying the 7 bills. 8 MRS. JOHNSON: Good morning. 9 JUDGE KELLY: Good morning. 10 MRS. JOHNSON: For Kerr County we have 11 $423,417.60. For other funds to be disbursed by the 12 Treasurer is Adult Probation $1,839.88. The Airport 13 $10,011.31. For Fund 78, which is the County Clerk 14 fees, $120.00. 15 COMMISSIONER MOSER: Move we pay the bills 16 and make the disbursements. 17 COMMISSIONER LETZ: Second. 18 JUDGE KELLY: Okay, it's been moved by 19 Commissioner Moser, seconded by Commissioner Letz to pay 20 the bills as presented. Is there any further 21 discussion? Those in favor raise your hand. Unanimous, 22 five zero. 23 Item 1.2 on the agenda are budget 24 amendments. 25 MRS. JOHNSON: We have four of them. The 4 1 first one's for the Sheriff's Department. Second is 2 Animal Control. The third's for the County Jail, and 3 the fourth one is for the County Clerk. 4 COMMISSIONER LETZ: Move for approval of the 5 budget amendments as presented. 6 COMMISSIONER HARRIS: Second. 7 JUDGE KELLY: Okay, it's been moved by 8 Commissioner Letz, seconded by Commissioner Harris to 9 approve the budget amendments as presented. Is there 10 any further discussion? Those in favor raise your hand. 11 Unanimous, five zero. 12 1.3 late bills. 13 MRS. JOHNSON: There are none. 14 JUDGE KELLY: 1.4 approve payroll. 15 MRS. JOHNSON: The amount is $782,283.46. 16 COMMISSIONER MOSER: And why is it so -- 17 MRS. JOHNSON: For TCDRS, a one-time 18 payment. 19 COMMISSIONER MOSER: Oh, okay. 20 MRS. JOHNSON: We pay that once a month. 21 COMMISSIONER HARRIS: Move to approve as 22 read. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: Okay, been moved by 25 Commissioner Harris, second by Commissioner Belew to 5 1 approve the payroll as presented. Is there any further 2 discussion? Those in favor raise your hand. Unanimous, 3 five zero. Let's be sure and put these up here to 4 return. 5 Item 1.5 court orders. 6 COMMISSIONER LETZ: Yes. We have court 7 order from the March 28th meeting. And court orders 8 37396, 37397, and 37398. And I want to make a motion we 9 approve them as presented. 10 COMMISSIONER HARRIS: Second. 11 JUDGE KELLY: Been a motion by Commissioner 12 Letz, second by Commissioner Harris to approve court 13 orders as presented. Is there any further discussion? 14 If not those in favor raise your hand. Unanimous, five 15 zero. 16 Item 1.6 consider, discuss and take 17 appropriate action on request to authorize County Judge 18 to prepare a letter approving the sale of alcohol at 19 EasterFest being held at Flat Rock Park on April 20th, 20 2019. Letter to be sent to the Texas Alcoholic Beverage 21 Commission. 22 MRS. DOWDY: That's me. Just the standard 23 letter that would need to get to TABC. 24 COMMISSIONER MOSER: But it's for the sale 25 of beer. It's limited to beer. 6 1 COMMISSIONER BELEW: Yeah, it's not alcohol, 2 it's -- 3 COMMISSIONER MOSER: Limited to beer. 4 COMMISSIONER BELEW: -- not everything. No 5 wine? 6 COMMISSIONER MOSER: We can't serve it. 7 Only beer. 8 MR. JACKSON: Specifically state that? 9 There is a letter -- 10 COMMISSIONER MOSER: Well, we need to 11 clarify that. That's all we can sell is beer, okay? 12 MRS. DOWDY: Okay. 13 JUDGE KELLY: So then what I'm going to do 14 is go ahead and amend this agenda item from alcohol to 15 beer, because we all know that's all Precinct 2 is 16 allowed to sell. 17 MRS. SOLDAN: Generally at EasterFest they 18 do sell wine as well. Beer and wine. 19 JUDGE KELLY: How do they do that? 20 MRS. SOLDAN: I don't know. 21 COMMISSIONER MOSER: Cannot. 22 MRS. SOLDAN: This is the first time I've 23 ever seen this letter being brought to the Court. 24 COMMISSIONER BELEW: Yeah, I thought it was 25 a wine thing, that's why I said that. 7 1 COMMISSIONER MOSER: Can't do it. 2 JUDGE KELLY: Well, anybody -- 3 COMMISSIONER BELEW: Now, if you're selling 4 a wine cooler, that's not really wine; that's a malt 5 beverage. 6 COMMISSIONER MOSER: It's -- what is it, 7 four percent alcohol -- 8 MRS. SOLDAN: They had malt beverages, but 9 also just little bottles of wine. 10 COMMISSIONER MOSER: It's four percent for 11 something like that alcohol limited, whatever beer is, 12 okay? It's so stated in the -- County Attorney can 13 verify that, but in state law is what it says. 14 MRS. STEBBINS: If you look at the letter 15 that Jake usually gets and sends over for events out at 16 Hill Country Youth Event Center, you can draft it just 17 like that, and it will -- 18 MRS. DOWDY: In the same Precinct? 19 MRS. STEBBINS: Yes. And then you'll have 20 the appropriate permissions you need. 21 JUDGE KELLY: Okay. That's for our legal 22 operation of the event, right -- 23 MRS. STEBBINS: It's to sell -- 24 JUDGE KELLY: -- to operate it legally? 25 MRS. STEBBINS: Right, it's to sell the beer 8 1 in the Precinct. 2 JUDGE KELLY: Beer. What I'm concerned 3 about is that we don't mislead the EasterFest folks, 4 that's the Chamber of Commerce and the Leadership of 5 Kerr County. I think we need input back to them as to 6 what they can and can't do, because if they purchased 7 small bottles of wine and they're planning to have those 8 sold, they may not be able to do that. 9 MRS. STEBBINS: Jackie will be able to 10 answer those questions. 11 MRS. DOWDY: And it was Matt Turner, he's on 12 the committee for beer. And he just told us last night 13 that he had ordered beer; he didn't say anything about 14 wine though. 15 COMMISSIONER MOSER: I've got a more 16 fundamental question. We don't even need to approve it 17 for beer because beer can be sold in Precinct 2. 18 JUDGE KELLY: I think Jake sends a letter in 19 each time we do that. 20 MRS. STEBBINS: He does. 21 COMMISSIONER MOSER: And why is that? 22 JUDGE KELLY: I don't know. Because he 23 always has. 24 COMMISSIONER LETZ: Jake does it because he 25 has a liquor license for that facility, Spectrum has. 9 1 COMMISSIONER BELEW: And each event is 2 separate also; there's not just a blanket thing. Each 3 event has to be -- 4 COMMISSIONER MOSER: We oughta look at that. 5 COMMISSIONER HARRIS: So some and not 6 others. 7 MRS. STEBBINS: Rusty has some insight for 8 y'all. 9 SHERIFF HIERHOLZER: TABC now requires them 10 to do that letter every time. 11 COMMISSIONER MOSER: Requires who? 12 SHERIFF HIERHOLZER: The County and 13 whoever's running that event. I have to do it for 14 y'all, I have to do it for folk -- 15 COMMISSIONER MOSER: So it's an event of a 16 certain size, is that what it is? 17 SHERIFF HIERHOLZER: It's just any event 18 like that. The Folk Festival sends them to me that I 19 have so sign, and I have to question Jake and them why, 20 and TABC now requires that letter. 21 COMMISSIONER MOSER: So if somebody wants to 22 have ten people selling beer in Center Point at Lion's 23 Park -- 24 SHERIFF HIERHOLZER: I don't know what the 25 actual -- 10 1 COMMISSIONER MOSER: Well, we'll find out. 2 SHERIFF HIERHOLZER: -- amounts are. But 3 the other thing about what can be sold down there, I 4 would recommend they contact our local TABC Agent. He 5 can just tell off the top of his head what they can and 6 can't sell. 7 COMMISSIONER MOSER: Sure. For future, we 8 oughta -- 9 MRS. STEBBINS: And if they haven't 10 purchased anything, which is what it sounds like Jackie 11 said, I think that it'll be fine. Just for her to 12 communicate it to Matt. Matt, is that his name? 13 MRS. DOWDY: Matt, yes. 14 MRS. STEBBINS: Matt to call TABC. 15 COMMISSIONER MOSER: All I'm saying if we 16 don't have to do this, let's don't do it. 17 MRS. GRINSTEAD: My understanding is TABC 18 requires it because it's County property, so they need 19 to know that the County is aware that this event is 20 selling alcohol, or alcohol is being sold at this event. 21 COMMISSIONER MOSER: So it's a county 22 property issue, okay. Gotcha, good. 23 COMMISSIONER LETZ: Is there a motion yet? 24 COMMISSIONER MOSER: Yeah. I'll move that 25 we -- unless you want to. 11 1 JUDGE KELLY: No. I was just going to make 2 a comment before we get a motion on the table. All I 3 can offer as the new County Judge is this is the 4 standard procedure that we followed. I cannot tell -- 5 explain to anyone why. My understanding is this is what 6 we've done in the past, and at least for the sake of 7 this motion today it seems like to me if we continue to 8 do what we've been doing that has been legal and 9 authorized, we probably can't go wrong. 10 COMMISSIONER MOSER: Probably can't. 11 JUDGE KELLY: So in terms of answering these 12 other questions, that seems to me to be a topic for 13 another meeting. 14 COMMISSIONER MOSER: I'll move -- 15 COMMISSIONER BELEW: If you'll advise the 16 change before the Legislature adjourns. 17 (Laughter.) 18 COMMISSIONER MOSER: I move for approval for 19 the Judge to prepare a letter approving the sale of beer 20 on the county property at EasterFest being held in Flat 21 Rock Park, which is county property, on April the 20th, 22 2019, and a letter be sent to the Texas Alcohol Beverage 23 Commission. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: Okay, we got a motion by 12 1 Commissioner Moser, second by Commissioner Belew to 2 authorize a letter to the TABC for the sale of beer at 3 EasterFest at Flat Rock Park on April the 20th of this 4 year. Is there any other discussion about that? 5 COMMISSIONER LETZ: Just a quick -- more a 6 general comment while we're on it. Rusty, why don't we 7 get TABC -- can you ask the TABC officer to come to a 8 Commissioners' Court meeting and just explain to us. 9 SHERIFF HIERHOLZER: Yeah, he would. 10 COMMISSIONER LETZ: That way we'll know, and 11 they're the ones that set the rules and approve the 12 letters. That way in five minutes explain what the -- 13 SHERIFF HIERHOLZER: Yeah, the local TABC 14 officer will work with us anyway we want to. That one 15 used to be a KPD Officer. 16 COMMISSIONER LETZ: Okay. Thank you. 17 JUDGE KELLY: Okay, no further discussion? 18 Those in favor raise your hand. Five zero, unanimous. 19 The next item on the agenda is 1.7 consider, 20 discuss and take appropriate action to hire a Public 21 Relations Officer. And this is scheduled as an 22 executive session as needed. So let's begin this as a 23 public session and then see if we need to go into 24 executive session, or if you want to -- 25 COMMISSIONER MOSER: Question, if we go into 13 1 executive session, can we do some of these other things 2 because I know there's some people here in the audience 3 that -- 4 JUDGE KELLY: We can always pass. 5 COMMISSIONER LETZ: I would like to go into 6 executive session with that. And I agree with 7 Commissioner Moser do the rest of the agenda first. 8 (Information Agenda.) 9 JUDGE KELLY: Do we have anything else on 10 the agenda for today? 11 COMMISSIONER MOSER: Yeah, we got executive 12 session, Public Relations Officer. 13 JUDGE KELLY: Okay. I'm going to have to 14 step out because we have to start the probate docket, so 15 I'll leave that with you. If y'all want to take a 16 break, we can, or whatever you want to do here. 17 COMMISSIONER BELEW: You going to tell us 18 what you want to do? Because I wasn't clear on that 19 yesterday. 20 COMMISSIONER MOSER: Or do we have to be in 21 executive session? 22 COMMISSIONER LETZ: Have to be in closed 23 session if we do that. 24 COMMISSIONER BELEW: Well, I mean that I'm 25 saying are you going to leave your proxy vote or -- 14 1 JUDGE KELLY: I'll just abstain from 2 everything. I'm uncomfortable with the gate keeping and 3 how we're going to authorize the release of these things 4 that we talked about yesterday in our interviews, so you 5 can share my concerns about that. 6 But with that, I'm going to excuse myself 7 and turn it over to you. 8 COMMISSIONER LETZ: We'll go into closed 9 session at this time under -- 10 * * * * * * 11 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 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 Approval Agenda. 9 Dated this the 11th day of April, A.D. 2019. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/31/2020 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25