1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Tuesday, January 21, 2020 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 *** Commissioner's Comments. 3 4 1.1 Consider, discuss and take appropriate 4 action to authorize Road & Bridge Department 5 to close Goat Creek Cutoff Road from Goat Creek Road to Whitetail Road for up to three 6 days starting January 29th through January 31st, 2020 to replace a drainage culvert in 7 the vicinity of Nimitz Road. 8 2.1 Pay Bills. 6 9 2.2 Budget Amendments. 10 10 2.3 Late Bills. 11 11 2.4 Court Orders. 12 12 *** Reporter's Certificate. 13 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE KELLY: Come to order. It is 2 Tuesday, January the 21st, 2020, and the Commissioners' 3 Court sitting in a special meeting is now in session. 4 Reminder, please turn off your cell phones. We do have 5 a policy that if it goes off the Sheriff will take it 6 up, in despite of his misgivings. 7 With that this is the opportunity for any 8 public input for something that is not on the agenda. 9 If there's anyone from the public that would like to 10 address the Court on an item that is not on the agenda 11 this is your opportunity to do so. If it's on the 12 agenda, we would ask that you fill out your speaker form 13 and speak at the time the agenda item is called. So is 14 there anyone who would like to address the Court at this 15 time? 16 Just as reminder, as I told you before, 17 Commissioner Letz and I were shock to find out that 18 we're one of the few counties that have as much public 19 input as we do. We didn't realize that the other 20 counties weren't doing it. So this is your opportunity 21 to talk to us. 22 Okay, with that, Commissioner's comments. 23 COMMISSIONER MOSER: All good. 24 COMMISSIONER LETZ: Great rain and great 25 stock show. 4 1 COMMISSIONER HARRIS: You bet. 2 COMMISSIONER MOSER: Yes. Four inches at my 3 place. 4 JUDGE KELLY: I think the most common 5 complaint I heard at the stock show was that there were 6 a lot of muddy boots on the porch drying out, but all 7 good. 8 COMMISSIONER HARRIS: We'll take it. 9 JUDGE KELLY: Okay, the first item on the 10 agenda is 1.1 consider, discuss and take appropriate 11 action to authorize Road & Bridge Department to close 12 Goat Creek Cutoff Road from Goat Creek Road to Whitetail 13 Road for up to three days starting January 29 through 14 January 31, 2020 to replace a drainage culvert in the 15 vicinity of Nimitz Road in Precinct 4. Commissioner 16 Harris. 17 COMMISSIONER HARRIS: I will defer to our 18 County Engineer and tell us exactly what the plans are. 19 MR. HASTINGS: Thank you. There's some 20 history behind this so I'd just like to read this. The 21 Road & Bridge Department needs to install a replacement 22 culvert in Goat Creek Cutoff Road in the vicinity of 23 Nimitz Road, and will need the Court to authorize 24 closure of Goat Creek Cutoff Road from Goat Creek Road 25 to Whitetail Road to do the work. 5 1 The subject culvert was removed the week of 2 January 6, 2020 because it was rotten, and the road 3 above was collapsing into the culvert. The culvert 4 serves to divert floodwater to the other side of the 5 road to protect a home that got flooded out about 20 6 years ago from construction improvement made to Goat 7 Creek Cutoff Road. 8 The proposed work should take one day, but 9 authorization is needed for three days in case of bad 10 weather or other unforeseen circumstances. The closure 11 would be up to three days starting Wednesday, January 12 29th through Friday, January 31st, and warning signs of 13 the closure would be placed in the area several days 14 before the work commences. 15 COMMISSIONER HARRIS: I move for approval. 16 COMMISSIONER LETZ: Second. 17 JUDGE KELLY: Okay, motion's been made by 18 Commissioner Harris, seconded by Commissioner Letz to 19 approve the repairs on Goat Creek Road, road closure. 20 Any further discussion? 21 SHERIFF HIERHOLZER: Question. Will y'all 22 notify EMS and our department? 23 MR. HASTINGS: Yes, Sir. Absolutely. 24 MS. HOFFER: And we do have a detour route, 25 they can take Whitetail to Tanglewood and be able to get 6 1 on out. So there is an alternate to be able to -- if 2 you actually got to get somewhere and go into that area. 3 JUDGE KELLY: Any further discussion? Those 4 in favor raise your hand. Unanimous, five zero. 5 Next item on the agenda is 2.1 pay the 6 bills. Miss Shelton. 7 MRS. SHELTON: Yes. Invoices for this month 8 to be approved are Kerr County $147,083.48. The Airport 9 $12,310.09. Adult Probation $5,341.63. Juvenile 10 Probation $31,178.59. District Clerk fees $339.50. The 11 Plateau Water Planning for Region J is $285.00. County 12 Clerk fee $716.84. And then the 198th District Attorney 13 Forfeiture is $221.93. 14 COMMISSIONER MOSER: Move that we pay the 15 bills as presented by the Auditor. 16 COMMISSIONER HARRIS: Second. 17 JUDGE KELLY: Motion's been made by 18 Commissioner Moser, seconded by Commissioner Harris to 19 approve the bills as presented. Any additional 20 discussion? 21 COMMISSIONER LETZ: Judge, I have a 22 question. In the reimbursement to Judge Hoyne, it's for 23 a nespresso machine. Is that a coffee machine? 24 SHERIFF HIERHOLZER: Yes. 25 JUDGE KELLY: Yeah. 7 1 MRS. SHELTON: Sounds like a coffee machine. 2 COMMISSIONER LETZ: Generally we don't -- 3 at least in the court, we don't use public funds for our 4 refreshments. Maybe he's using it for a different 5 purpose, I don't know. 6 MRS. SHELTON: Do you want to pull that and 7 then we'll bring it back after -- 8 JUDGE KELLY: Why don't we do that. 9 COMMISSIONER BELEW: That should have been 10 within his budget. 11 COMMISSIONER LETZ: Well, it's in his 12 budget. 13 COMMISSIONER BELEW: So then what difference 14 does it make? 15 COMMISSIONER LETZ: Policy funds going for 16 coffee. 17 COMMISSIONER BELEW: For the machine to make 18 the coffee. 19 JUDGE KELLY: My understanding is this is a 20 long standing county tradition to not use public funds 21 for -- 22 COMMISSIONER LETZ: I mean, I don't have a 23 real problem with it. It just jumped up at me that, you 24 know, because normally -- I know here we're very careful 25 not to. But some offices that deal with the public 8 1 maybe, you know, like jury funds and things like that we 2 do. So it's a policy as I recall, but you know he has 3 juries out there, and they do Court out there. So maybe 4 it's a little bit different situation. I just noticed 5 it. I'm not saying no. I'm just saying we need to be 6 consistent. 7 SHERIFF HIERHOLZER: I think you need to 8 look because such as upstairs, the coffee machines 9 upstairs are definitely paid for with county funds. And 10 true they serve the jury, but they're there every day, 11 and we have maybe 12 juries a year, you know. I mean, 12 they are being funded. 13 In our office we use donated funds. We 14 don't use, you know, county funds so to speak. But it 15 is that way, so that's -- you're going to hear that. 16 COMMISSIONER LETZ: I guess my point is, I 17 was -- 18 COMMISSIONER MOSER: Be consistent. 19 COMMISSIONER LETZ: We need to be 20 consistent. But I think that -- and I think we can go 21 ahead and pay this one. I don't have a problem with it 22 at this point. But I think we need to decide in the 23 budget cycle -- 24 COMMISSIONER MOSER: Good point. 25 COMMISSIONER LETZ: -- if we're going to do 9 1 this or not. 2 COMMISSIONER BELEW: Well, there's no harm 3 in having him come tell us why he thought that was 4 necessary. 5 COMMISSIONER HARRIS: Sure. 6 COMMISSIONER LETZ: Okay. 7 COMMISSIONER BELEW: Why don't we do that? 8 COMMISSIONER HARRIS: For clarification. 9 JUDGE KELLY: If for no other reason for 10 clarification, because as I call it the secret playbook, 11 the little things that you don't know when you take 12 office. I didn't realize that this was a longstanding 13 county tradition, and it is. And it's worth us 14 discussing just to see is this something we want to 15 continue or not. 16 COMMISSIONER BELEW: Well, when you have 17 like upstairs Rusty mentioned. You have jurors that 18 come, you're using county funds to serve county 19 citizens. I'm sure the same thing there in J.P. Court, 20 but it wouldn't hurt to have him tell us that. 21 COMMISSIONER MOSER: Part of the budget 22 process probably a good time to look at that. Right, 23 right. 24 JUDGE KELLY: So where are we on this? What 25 are we getting ready to vote on? 10 1 COMMISSIONER LETZ: I don't have a real 2 problem with authorizing approving it, because I think 3 it's -- he's been doing it obviously, and -- 4 COMMISSIONER MOSER: And then look at that 5 as part of the budget. 6 COMMISSIONER LETZ: But I think we need to 7 look at that and clarify the policy as to where it's 8 acceptable and where it isn't. 9 COMMISSIONER MOSER: Yeah. 10 COMMISSIONER LETZ: So I think we can go 11 ahead. I don't have a problem paying it at this time. 12 JUDGE KELLY: Okay. Then there's a motion 13 and a second to approve the bills -- to pay the bills as 14 presented. Those in favor raise your hand. Five zero, 15 unanimous. 16 Budget amendments. 17 MR. ROBLES: Yes. We have 5 of those. 18 JUDGE KELLY: Mr. Robles. 19 MR. ROBLES: We have one for the Treasurer, 20 County Court, the County Clerk, Public Relations, and 21 District Clerk. These are all line item transfers 22 within their department. 23 And we also had a Road & Bridge question 24 maybe last week regarding the funding for the 25 guardrails. That has also been approved. 11 1 JUDGE KELLY: I don't see them. 2 MR. ROBLES: No. The guardrails are -- 3 they were approved in a prior Court. 4 COMMISSIONER HARRIS: I move for approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Harris, seconded by Commissioner Letz to 8 approve budget amendments as presented. Is there any 9 further discussion? Those in favor raise your hand. 10 Unanimous, five zero. 11 Late bills. Miss Shelton. 12 MRS. SHELTON: We had two late bills. Both 13 are for Kerr County. Total $1,396.04. 14 COMMISSIONER LETZ: Move for approval. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Motion's been made by 17 Commissioner Letz, seconded by Commissioner Belew to 18 approve the payment of late bills as presented. Any 19 further discussion? Those in favor raise your hand. 20 Unanimous, five zero. 21 Court Orders. 22 COMMISSIONER LETZ: Court Orders from our 23 January 13th meeting. Court Orders 37896 to 37911, and 24 they all look to be in order to me. I move for 25 approval. 12 1 COMMISSIONER HARRIS: Second. 2 JUDGE KELLY: Motion's been made by 3 Commissioner Letz, seconded by Commissioner Harris to 4 approve court orders as presented. Any further 5 discussion? Those in favor raise your hand. Unanimous, 6 five zero. 7 * * * * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 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 Consideration and Approval Agenda. 10 Dated this the 22nd day of January, A.D., 11 2020. 12 13 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 14 No. 953 Expiration Date 04/31/2021 15 * * * * * * 16 17 18 19 20 21 22 23 24 25