1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Monday, November 18, 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 1.1 Pay Bills. 3 4 1.4 Court Orders. 4 5 2.1 Canvass the official election results 5 for the November 5, 2019 Constitutional 6 Amendment Election as per TEC Section 67. 7 2.2 Consider, discuss and take appropriate 10 action to review format for Animal 8 Control Workshop. 9 3.1 Status reports from Department Heads. 13 10 2.2 Consider, discuss and take appropriate 17 action to review format for Animal 11 Control Workshop. 12 3.2 Status reports from Elected Officials. 19 13 3.3 Status reports from Liaison Commissioners. 21 14 1.4 Court Orders. 24 15 2.2 Consider, discuss and take appropriate 25 action to review format for Animal 16 Control Workshop. 17 4.2 Consider, discuss and take appropriate action to determine one-time merit pay 18 recipients pursuant to recommendations by Elected Officials and Department Heads. 19 *** Adjournment. 27 20 *** Reporter's Certificate. 28 21 * * * * * * 22 23 24 25 3 1 JUDGE KELLY: It is 9 o'clock on November 2 the 18th, which is a Monday, and we're at a 3 Commissioners' Court of Kerr County is now in session. 4 And the first item on our agenda today is public input. 5 Are there any of those -- any here who would wish to 6 speak to the Court? Just a reminder if you do, we have 7 forms at the back that need to be filled out and 8 delivered to the Clerk who then files them and delivers 9 them to me. That is the recognized procedure. 10 So there being no one to address the Court, 11 first item on the agenda is 1.1 pay the bills. Madam 12 Auditor. 13 MRS. SHELTON: Good morning. Tanya Shelton, 14 County Auditor. I was going to have that today. And 15 the bills that are set to be paid for Kerr County for 16 2018-19 year are $30,088.93. For the 19-20 year budget 17 Kerr County, $233,879.85. Airport $324.76. Adult 18 Probation $4,941.18. Juvenile Probation $11,194.82. 19 The Texas Department of Agriculture Grant is 20 $131,710.39. And fund 78, which is County Clerk fees, 21 $290.97. And the 198th District Attorney forfeiture 22 account $1,834.06. 23 COMMISSIONER MOSER: Move we pay the bills 24 as presented by the Auditor. 25 COMMISSIONER BELEW: Second. 4 1 JUDGE KELLY: Motion's been made by 2 Commissioner Moser, seconded by Commissioner Belew to 3 pay the bills. Any discussion? Those in favor raise 4 your hand. Unanimous, five zero. 5 Item 1.2 budget amendments. 6 MRS. SHELTON: There are not any. 7 JUDGE KELLY: Okay. 1.3 late bills. 8 MRS. SHELTON: There are not any. 9 JUDGE KELLY: Good. Thank you. 10 Idem 1.4 court orders. 11 COMMISSIONER LETZ: Yes. I have court 12 orders from the 12th -- yeah, November the 12th meeting. 13 And there are couple of slight changes on court order 14 37813, which is related to the burn ban. Currently 15 reads approve and renew the authority of Commissioners' 16 Court to implement the burn ban. I think really what it 17 is, is approve and renew the burn ban for 90 days with 18 the authority of Commissioner to implement the burn ban. 19 Just a slight change on that. 20 And then on the other one, which is court 21 order 37818, it was related to Road & Bridge going out 22 for annual bids. Currently reads approve and open the 23 annual bid process -- never mind. That one's okay. 24 When I read it I left out a word. With that one change, 25 I'll make a motion to approve the court orders for the 5 1 November 12th meeting. 2 COMMISSIONER HARRIS: Second. 3 JUDGE KELLY: Okay, motions been made by 4 Commissioner Letz and seconded by Commissioner Harris to 5 approve court orders as presented, and as revised. 6 COMMISSIONER LETZ: Revised. 7 JUDGE KELLY: Any other discussion? Those 8 in favor raise your hand. Unanimous, five zero. 9 Item 2.1 canvass the official election 10 results for the November 5, 2019 Constitutional 11 Amendment Election as per TEC Section 67. Miss Alford. 12 MRS. ALFORD: Good morning. Constitution 13 amendment Election for November the 5th, 2019: There 14 were 6,675 votes out of 35,522 registered voters. 15 For Proposition 1 "for" in Absentee 60, 16 early voting 1,227, election day was 1,370. For a total 17 of 2,657. 18 Against for Proposition 1 was absentee 19 voting 104, early voting 1,657, election day 2,111. For 20 a total of 3,872. 21 Proposition 2 "for" absentee was 114, early 22 voting was 1,634, election day 2,032. For a total of 23 3,776. 24 Against for Proposition 2, 50 for absentee 25 voting, 1,231 for early voting, 1,413 for election day. 6 1 For a total of 2,694. 2 Proposition 3 "for" absentee voting was 142, 3 early voting 2,399, election day 2944. For a total of 4 5,485. 5 Against for Proposition 3 was absentee 22, 6 early voting 475, election day 538. For a total of 7 1,035. 8 Proposition 4 "for" in absentee voting was 9 131, early voting 2,463, election day 3,078. For a 10 total of 5,672. 11 Against was 33 for absentee voting, 435 for 12 early voting, 463 for election day. For a total of 931. 13 Proposition 5 "for" absentee voting was 146, 14 early voting was 2,473, election day 3,037. For a total 15 of 5,656. 16 Against for Proposition 5 was absentee 19, 17 early voting 409, election day 482. For a total of 910. 18 Proposition 6 "for" absentee voting was 113, 19 early voting 1,467, election day, 1,944. For a total of 20 3,524. 21 Against Proposition 6, 50 for absentee, 22 1,385 for early voting,1,507 for election day. For a 23 total of 2,942. 24 Proposition 7 "for" absentee voting had 127, 25 early voting 1,832, election day 2,296. For a total of 7 1 4,253. 2 Against Proposition 7 was 37 for absentee 3 voting, 1,021 for early voting, 1,171 for election day. 4 For a total of 2,229. 5 Proposition 8 "for" in absentee voting was 6 124, early voting was 1,847, election day was 2,332. 7 For a total of 4,303. 8 Against Proposition 8 was 40, early voting 9 was 1009, election day was 1,147. For total of 2,196. 10 Proposition 9 "for" in absentee voting was 11 91, early voting was 1,687, election day was 2,031. For 12 a total of 3,809. 13 Against Proposition 9 was 72 for early 14 voting(sic), 1,131 for early voting, 1,342 for election 15 day. For a total of 2,543. 16 Proposition 10 "for" in absentee voting was 17 157, election day(sic) was 2,752, election day was 18 3,360, for a total of 6,269. 19 Against in absentee voting was 8. Early 20 voting was 134. Election day was 152. For a total of 21 294. 22 JUDGE KELLY: Okay. Thank you, Miss Alford. 23 COMMISSIONER LETZ: Nadene, a question on 24 process. There were other -- depending on where you 25 lived, other items on the ballot? 8 1 MRS. ALFORD: Uh-huh. 2 COMMISSIONER LETZ: So even though it was on 3 the same ballot, you send that information to the other 4 entities, and then their governing board approves? 5 MRS. ALFORD: Yes. Comfort ISD will canvass 6 their part of Kerr County on with their Kendall County 7 part, and then City of the Kerrville will canvass their 8 part of the election. 9 COMMISSIONER LETZ: Okay, thank you. 10 COMMISSIONER MOSER: Just an observation, 11 what's interesting in looking at absentee voting and the 12 total results, absentee voting was spot on, almost to 13 the same percentage as the total. Amazing. 14 MRS. ALFORD: Yes, sir. 15 COMMISSIONER MOSER: Is that pretty common, 16 or do you know, or -- 17 MRS. ALFORD: I think yeah in absentee, 18 because it's your mail ballots is what your absentee is. 19 COMMISSIONER MOSER: Yeah. But amazing how 20 it corresponded. But anyway thanks. Good job. 21 MRS. ALFORD: Thank you. 22 JUDGE KELLY: Is there a motion? 23 COMMISSIONER LETZ: I make a motion that we 24 accept -- is that correct? Accept the official election 25 results for the November 5th, 2019 Constitutional 9 1 Amendment Election as presented. 2 COMMISSIONER HARRIS: Second. 3 JUDGE KELLY: Motion's been made by 4 Commissioner Letz, and seconded by Commissioner Harris 5 to accept and approve the canvass of the official 6 election results of the November 5, 2019 Constitutional 7 Amendment Election. Any other discussion? Those in 8 favor raise your hand. Unanimous, five zero. 9 And before you get away, Miss Alford, I was 10 at a recent meeting at a local community group here 11 talking about elections. 12 MRS. ALFORD: Yes, sir. 13 JUDGE KELLY: Apparently there are three 14 statutory requirements in the election process. One is 15 that we have to have a ballot backup. And two is that 16 we have to be able to have free selection of the ballots 17 that we pick, and then 3 is that there be an audit log 18 available? 19 MRS. ALFORD: Uh-huh. 20 JUDGE KELLY: Am I right on that? 21 MRS. ALFORD: That is correct. 22 JUDGE KELLY: That's the take away I got 23 from the meeting. 24 MRS. ALFORD: Yes, sir. 25 JUDGE KELLY: Okay. And I was pleased to 10 1 hear from our tax collector in the back, Mr. Reeves, 2 that Kerr County meets all three of those requirements, 3 is that correct? 4 MRS. ALFORD: That is correct. 5 JUDGE KELLY: I want to commend the Election 6 Department for that. 7 MRS. ALFORD: Well, thank you. 8 JUDGE KELLY: We are evidently in the vast 9 majority of the state right now, so congratulations for 10 doing a good job. 11 MRS. ALFORD: Thank you. 12 COMMISSIONER LETZ: Thank you. 13 JUDGE KELLY: Next item on the agenda is the 14 Information Agenda. 15 COMMISSIONER LETZ: There's one more. 16 JUDGE KELLY: Oh, item 2.2, I'm sorry. 17 Consider, discuss and take appropriate action for the 18 review for the format for the Animal Control Workshop. 19 COMMISSIONER LETZ: I just thought it would 20 make sense to put it on the agenda as to how -- how 21 we're going to do from the Court's standpoint. We're 22 obviously going to have a lot of public input we expect. 23 I visited with the Judge a little bit and I 24 visited with Reagan some, but I haven't talked to 25 anybody else on the Court. My thought would be that 11 1 Reagan gives an overview of a few items related to 2 operations. I was going to give an overview of -- kind 3 of give a little more specifics of the reasons for the 4 need for the changes, and then I think the Judge was 5 going to -- and not necessarily in that order that I 6 would go before the Judge. But then the Judge was going 7 to have some comments. 8 And then the other thing -- and then the 9 Judge and I talked about it, and then open it up for the 10 rest of the Commissioners to all have a comment if they 11 so choose. 12 JUDGE KELLY: Well, along those lines let me 13 kind of get in the helicopter, because everybody knows I 14 like the big picture view. The big picture of what 15 we're going to primarily do tonight is we have a 16 two-hour workshop. The primary purpose is to receive 17 public input. And so I want to devote at least 90 18 minutes of those two hours for receiving public input. 19 And the receipt of public input will be per 20 the Kerr County Commissioners' Court Rules of Procedure 21 and Decorum just like we adopted last week, that we've 22 been following for the last 20 years. We just want to 23 make sure that we all know that speakers need to fill 24 out the form, they need to provide the form to the 25 County Clerk, who will be there, she file stamps it, 12 1 provides it to me, then we will then put those forms in 2 a stack on first come first serve basis, and then those 3 speakers will be called up to the podium one by one to 4 speak when it comes to that part of the program. 5 Each person will be allowed three minutes. 6 If we have fewer -- if you just think about the 3 7 minutes and the 90 minutes, if we have more than 30 8 people, we're going to be pressed for time. If we have 9 less than 30 people that want to speak, we can be a 10 little more lenient with the time, but still not let any 11 one person dominate the opportunity to address the 12 Court. 13 So the idea is to try to keep it as close to 14 three minutes as possible and to allow the maximum 15 number of people that would like to address the Court to 16 have the opportunity to address the Court. Now, that is 17 the input part of the meeting, and that's the primary 18 purpose of the meeting. 19 The other part of the meeting is to give an 20 overview of how we got to where we are. And that would 21 include a report from Reagan, a report from Commissioner 22 Letz as our Liaison Commissioner, but is an opportunity 23 for each Commissioner, each one of the five of us, very 24 briefly to be able to, if you so choose, you don't have 25 to, we're not putting anybody on the spot, this is not 13 1 going to be an inquisition, you can offer your input as 2 to why you did and what you did, or what you're 3 reconsidering, or where you are on the issue. 4 But so probably be limited to three or four 5 or five minutes max for each Commissioner to state kind 6 of where you are, and what you did. So that's the 7 general format that I would suggest. I don't know if 8 there's anybody that disagrees with that format. 9 COMMISSIONER BELEW: I don't. 10 COMMISSIONER MOSER: Fine. 11 COMMISSIONER HARRIS: Sounds good to me. 12 MR. SANDY: I have a question. 13 JUDGE KELLY: Fill out your form. We gotta 14 start the exercise here. 15 We'll come back to that while he's doing 16 that. I want to give him time. Let's on to the 17 information part. I don't think that's going to be a 18 big deal. 19 Item 3.1, those are status reports from 20 Department Heads. Are there any? I know we have 21 Juvenile Probation. Extension is not going to be 22 available today, so you are it, Jason. This is Jason 23 Davis. 24 MR. DAVIS: Good morning, Judge, 25 commissioners. 14 1 JUDGE KELLY: This is Jason Davis, Chief of 2 our Juvenile Probation Department. 3 MR. DAVIS: Thank you, Judge. I'll be 4 brief. I don't have a whole lot today. I gave a pretty 5 in depth report last time. I just want to give you -- I 6 don't want you to think that you are going to see that 7 every time unless you need it, just because I don't want 8 to waste your time. Cut to the chase. 9 Last time we met we had ten staff in the 10 department. I advised we were probably going to be 11 cutting that staff. We're now down to eight staff. I 12 perceive that probably maintaining. I don't see any -- 13 foresee any changes in the near future. 14 That's based on referrals. Our referrals 15 are going down for about a 24 to 36 month period, 16 something along those lines. About the last six months 17 or so those referrals have -- they have leveled off. We 18 are actually very consistent and have been for the past 19 six months in as far as the number of kids coming into 20 the office. 21 And no other significant events. I will 22 advise the Court that I have received -- I'm receiving 23 almost monthly calls from the two vendors that are 24 interested in the JDC facilities. They're calling me on 25 a pretty regular basis. I'll run into them at different 15 1 events, and throughout the State, and am asked are 2 y'all -- are they making any headway at this point, and 3 I'll just say no, but I will call you when they do. 4 COMMISSIONER MOSER: You say vendors? 5 MR. DAVIS: Right. Vendors -- I'm sorry. 6 COMMISSIONER MOSER: Purchasers. Leasees or 7 whatever. 8 MR. DAVIS: Well, vendors are a term that we 9 use on the probation side because a residential 10 placement facility is what I'm talking about. We have 11 two private companies that are interested in leasing or 12 purchasing the facilities off of Legion, and so Juvenile 13 Probation, we refer to them as vendors, possible suitors 14 on the Commissioner's side. 15 COMMISSIONER MOSER: Okay, good. Thank you. 16 Good. That's good news. 17 MR. DAVIS: Questions? 18 JUDGE KELLY: The only thing that I would 19 add by way of the Juvenile Detention facilities, they 20 are the subject of consideration in the Capital 21 Improvement Planning Committee. We had our first 22 meeting -- was it a little over a week ago? 23 COMMISSIONER LETZ: (Shaking head in 24 affirmative manner.) 25 JUDGE KELLY: -- of how we might be able to 16 1 utilize those facilities if they're not leased out or 2 sold. And so that's -- that's kind of what's in play. 3 And just by way of additional update that Chief Davis 4 and I know is we've had two appraisers that have kind of 5 flaked out on us on this. We don't have an appraisal on 6 the property, so if we wanted to lease or sell, we've 7 got to kick start and get the appraisal process going 8 again, so that everybody knows where we are with it. 9 But we've been king of waiting to see what the Capital 10 Improvement Committee wanted to do. Okay. 11 MR. DAVIS: Thank you. 12 COMMISSIONER BELEW: Jason, are you going to 13 stay at 8 people now. Is this permanent? 14 MR. DAVIS: For awhile. It's permanent for 15 a while. That's a great answer. Temporarily permanent, 16 yes. I will leave that as of right now yes. I think 17 that, you know, when we closed the JDC we didn't know 18 budget wise, we didn't know staffing-wise what the 19 requirements were going to be. 20 I can say that as long as our referrals stay 21 where they are, and I think the referrals have kind of 22 leveled out. I think that because of that, I perceive 23 that would be the recommendations for staffing going 24 forward. I think the budget's -- this is going to be by 25 far the tightest budget I've ever had as Chief, the one 17 1 we're under currently. But I think it's probably the 2 most close to actual. 3 And I think as far as staffing the same 4 thing. I think that again if referrals drop, we look at 5 staffing. If referrals increase dramatically we look at 6 staffing. But based on what I'm seeing now, the last -- 7 you know, and I can go even to the last three or four 8 years back, and kind of what we're seeing in that 9 pattern and what I'm seeing especially the last year, I 10 think we've leveled out. And I expect that we have. 11 Never know, but my best guess is right now this is a 12 good number. 13 JUDGE KELLY: Anything else for Chief Davis? 14 Thank you. 15 MR. DAVIS: Thank y'all. Appreciate it. 16 Have a good morning. 17 JUDGE KELLY: Okay, let's go back up to item 18 2.2 regarding the format of the Animal Control Workshop. 19 I'm going to call Mr. Jim Sandy. State your name and 20 address. 21 MR. SANDY: Jim Sandy, 3940 Oak Park Drive 22 in Kerrville. 23 JUDGE KELLY: Okay, thank you. 24 MR. SANDY: I have a question for 25 Commissioner Letz. One of the things -- 18 1 JUDGE KELLY: Whoa, whoa, whoa, whoa, whoa. 2 This is input. This is not going to be -- this is not 3 interrogation. You can put him under the hot lights 4 when you get him arrested, but until then just let us 5 know what you're interests are. 6 MR. SANDY: Okay, my interests are -- it was 7 going to be in the form of a question, but I won't state 8 it as a question. Commissioner Letz is going to discuss 9 the reasons for changes -- for these changes. 10 JUDGE KELLY: All of us are. I'm going to 11 discuss it. 12 MR. SANDY: And Commissioner Letz in 13 particular said he was going to discuss that, and said 14 it's appropriate since he's Liaison for KCAS. There 15 have already been released -- there's a press release 16 describing the reasons for these changes, and there is 17 also a Kerr County statement describing the reasons for 18 these changes. And I was just wondering if you 19 anticipated deviating from those. But that was my area 20 of interest. 21 JUDGE KELLY: Well, I don't know if it's 22 going to deviate but I'm certainly going to explain what 23 I'm doing to protect those employees, and that will be 24 explained tonight, I assure you. 25 COMMISSIONER BELEW: It'll be expanded upon. 19 1 COMMISSIONER LETZ: It'll be expanded upon 2 greatly. 3 MR. SANDY: So those two releases really 4 didn't hit the right spots? 5 COMMISSIONER LETZ: No, they hit exactly 6 right. They hit exactly right. We're going to be more 7 specific. 8 COMMISSIONER HARRIS: Those are overview 9 basically. 10 COMMISSIONER LETZ: Those are overview 11 basically. 12 COMMISSIONER BELEW: And not everybody saw 13 those. It'll have to be explained to the whole group 14 tonight. 15 MR. SANDY: Okay, thank you. 16 JUDGE KELLY: You bet. Thank you. 17 COMMISSIONER MOSER: Thanks Jim. 18 JUDGE KELLY: Okay, so is there anything 19 else on item 2.2 on the format for the workshop tonight? 20 Okay, good. 21 We've handled Department Head reports. Do 22 we have any Elected Official reports? 23 COMMISSIONER MOSER: Yes. 24 JUDGE KELLY: Good. 25 COMMISSIONER MOSER: We had a kind of all 20 1 type meeting Saturday with -- regarding the Martin 2 Marietta rock crushing air quality permit for TCEQ. 3 There were 25 people that attended. I was the only one 4 for Commissioners' Court that was there. And followed 5 sort of the same format as you guys are talking about 6 for this evening. I had a little introduction and 7 introduced people that were there. We had Andy Murr's 8 representative there, Dawn Buckingham's representative 9 was there. The rest of the people were from the area. 10 Martin Marietta provided a presentation on 11 their operations and what they do and how they do it. 12 And the reason for the permit, and what it was and what 13 it was not. It lasted for an hour and 15 minutes just 14 for a data point with a lot of questions from a lot of 15 people. I think everything was answered for those 16 people. The media was there. 17 We then took a quick tour through the 18 facility to see the operations at Martin Marietta, so it 19 was fully open, fully discussed, all questions were 20 answered, and I think everybody walked away from there 21 very satisfied. TCEQ was invited to attend. They 22 called me on Friday, said that they were not going to be 23 there because they'd been requested to have a public 24 meeting based on a recommendation or a request by Andy 25 Murr, so they're going to just reserve their resources 21 1 to that event, and that event has not been scheduled. 2 So anyway it was a very good meeting. Lots of people 3 that were interested in the thing where there, and I 4 think everybody felt pretty satisfied, both the permit 5 applicants and also the people that live nearby. So 6 good meeting. 7 JUDGE KELLY: Very good. Any other Elected 8 Officials reports? 9 Okay, let's do Liaison Commissioners. We're 10 spilling over here, so let's just combine them. 11 COMMISSIONER HARRIS: Okay. On Saturday the 12 Hunt Volunteer Fire Department had their Substation 13 South grand opening and ribbon cutting. And I don't 14 know, there was probably 40 or 50 people out there, and 15 it's a neat deal. It's a complete community come 16 together, putting it together, volunteering and help, 17 and everything else, they got this done. And it was 18 well attended, and it's going to be an asset out there 19 in West Kerr. 20 JUDGE KELLY: And I got there after you 21 left. 22 COMMISSIONER HARRIS: Did you? 23 JUDGE KELLY: But it was well attended. And 24 I was -- they spent a lot of time showing me what all 25 they got. I don't know if you know what Hunt has out 22 1 there, but they have four stations. There's the main 2 station in Hunt, there's one in Canyon Springs, there's 3 one at Guadalupe Ranch, and there's now one on Felix 4 Fisher Road. 5 Plus, not only four substations, they have a 6 unit out at the boy scout ranch just down the road, so 7 depending on how you count it, maybe four or five 8 substations. And they have an incredible number of 9 equipment. I mean that money that we gave them here a 10 month or so of ago, they've already spent it. They got 11 tankers everywhere. It's incredible. They really do an 12 outstanding job in covering West Kerr County. I was 13 really impressed. 14 COMMISSIONER BELEW: And fund raising. 15 Everybody can take a few pointers from Hunt on fund 16 raising. 17 JUDGE KELLY: In fact I took them some fund 18 raising. 19 Any other Commissioner liaison reports? 20 Good. So let's move on to the -- I think that covers 21 the information part of the agenda. 22 The next part of the agenda is the executive 23 session part, and identifying that so everybody knows 24 exactly that we're getting ready to go into executive 25 session. And I think there's two main things we're 23 1 going to talk about in executive session. One is we 2 have our annual one-time merit raise pay determinations. 3 The applications were submitted by the various 4 Department Heads, and Elected Officials, and 5 Supervisors. They were reviewed by a committee made up 6 of Department Heads and supervisors and I think there 7 were probably 14 in attendance is what I heard on that. 8 And it went remarkably well from all accounts that I 9 heard, that there seemed to be a pretty universal 10 consensus on that. 11 And the policy is that the Commissioners 12 Court makes the final determinations. So that will take 13 place in executive session today. I expect we've got 50 14 some odd applications here narrowed down to maybe 40 or 15 some odd or so -- 16 COMMISSIONER MOSER: To be determined. 17 JUDGE KELLY: I'm not going to hit your 18 file, but each one has these files. We're going to take 19 a brief break, restroom break before we start, and begin 20 that process. 21 And then the other thing that we're going to 22 talk about in executive session are some sensitive 23 economic development issues that need to be discussed 24 among the Court. No issues are to be determined on that 25 as far as I know. 24 1 COMMISSIONER MOSER: Right. 2 JUDGE KELLY: It's just basically exchanging 3 information of what is going on that's not up for public 4 consumption yet. And other than that, I don't know if 5 we have any legal or personnel issues, or contract 6 issues, but I know we have these two. 7 So with that, let's take about a five-minute 8 break and then we'll reconvene in executive session. 9 And after executive session, I want everyone to 10 understand, there will be an action agenda item called 11 to take action on these one-time merit pay payments. So 12 if anybody wants to know what we've done, hang around 13 and we'll probably be out in a couple hours and tell you 14 what we did. So Court will be adjourned -- or in 15 recess. 16 COMMISSIONER MOSER: Recess. 17 (Executive Session.) 18 JUDGE KELLY: It is 11:14, and we're back 19 into open session. We just concluded our executive 20 session where we discussed the one time merit pay 21 recipients, and economic development. So as we come 22 back into open session we need to go back to, what is 23 it, 1.4 court orders. 24 COMMISSIONER LETZ: Yes. On court order 25 37817, there's an error in the title of it that I did 25 1 not catch, and there's a new court order to correct 2 that, Stargaze Estates final plat. I make a motion that 3 we make that correction. 4 COMMISSIONER MOSER: Second. 5 JUDGE KELLY: Commissioner Letz has moved, 6 and Commissioner Moser has seconded to revise the court 7 order as Stargaze -- what is it? 8 COMMISSIONER LETZ: Subdivision. 9 JUDGE KELLY: Any other discussion? Those 10 in favor raise your hand. Unanimous, five zero. 11 Let's go back to item 2.2, which is 12 consider, discuss and take appropriate action to review 13 the format for the animal control workshop. 14 Technically, this probably did not fall into that 15 because I'm not talking about what we're going to do 16 tonight. But one of the things that I've been thinking 17 about is should we go ahead and have a motion to 18 reconsider what we did on the 15th, and either reaffirm 19 it or have it fail for a lack of a motion or second, and 20 do it in open court and the transparency complaint is 21 vaporized, and announce that when we do that. It'll 22 mean 30 minutes worth of discussion in open court, 'cuz 23 they'll come back, probably have about ten people 24 talking 30 minutes in open court, or do we just leave it 25 alone? 26 1 COMMISSIONER BELEW: I'd leave it alone. 2 COMMISSIONER LETZ: I'd leave it alone. 3 COMMISSIONER MOSER: Yeah. Leave it alone. 4 JUDGE KELLY: I like hammering nails down 5 hard. 6 COMMISSIONER BELEW: Yeah, but nothing wrong 7 was done, and there's no reason to fix something that to 8 admit that you did something wrong that you didn't. 9 COMMISSIONER LETZ: And if there's a -- my 10 view is unless there's a better option, which I don't 11 see. But, you know, one doesn't exist. I would 12 reconsider it if something new came up. But I don't see 13 us going back into it and going back. I think it just 14 prolongs it. 15 JUDGE KELLY: And I'm glad we talked about 16 it, because that was something about discussing tonight. 17 But if we don't do it, I won't mention it. 18 COMMISSIONER BELEW: No. 19 JUDGE KELLY: So now let's go to item 4.2 on 20 the agenda, which was to consider, discuss and take 21 appropriate action to determine the one-time merit pay 22 recipients, which we did in executive session. 23 And I will make a motion that we have taken 24 that action, and we have authorized the appropriate -- 25 to authorize the Director of Human Resources to 27 1 effectuate that and to execute the necessary paperwork 2 to notify payroll to have it issued and have all of the 3 letters and other mechanisms that go with that and get 4 completed. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: So I made a motion, seconded 7 by Commissioner Harris for us to implement our one-time 8 merit pay recipients. Any other questions? Okay, those 9 in favor raise your hand. Unanimous, five zero. 10 Any other business before the Court? Okay, 11 we are adjourned. 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 28 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 Special Commissioners' Court. 9 Dated this the 19th day of November, A.D., 10 2019. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/31/2021 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25