1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Monday, July 20, 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 (Via phone.) DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioners' Comments. 4 4 1.1 Consider, discuss and take appropriate 9 action regarding update, facility use and 5 other matters related to COVID-19. 6 1.2 Consider, discuss and take appropriate 49 action to extend the Local State of 7 Disaster Due to a Public Health and Economic Emergency Proclamation that was 8 signed by Judge Kelly on March 24, 2020, and "extended until terminated by 9 order of the Kerr County Commissioners' Court" on March 30, 2020. 10 1.3 Presentation of the Texas Historical 49 11 Commission's Distinguished Service Award to the Kerr County Historical Commission. 12 1.4 Consider, discuss and take appropriate 52 13 action to re-assign Global-Spectra employees, following the Texas Governor's 14 declaration of a State of Disaster for all 254 Counties in the State of Texas on 15 March 13, 2020, as subsequently renewed or amended, and the Local State of Disaster 16 Due to a Public Health and Economic Emergency Proclamation that was signed by 17 Judge Kelly on March 24, 2020 and "extended until terminated by order of the Kerr County 18 Commissioners' Court" on March 30, 2020. 19 1.5 Consider, discuss and take appropriate 58 action on rescheduling the salary survey. 20 1.6 Consider, discuss and take appropriate 70 21 action on use of Tax Anticipation Note for the purchase of real property. 22 2.1 Pay Bills. 71 23 2.2 Budget Amendments. 71 24 2.3 Late Bills. 72 25 3 1 I-N-D-E-X 2 NO. PAGE 3 2.4 Auditor Reports. 73 4 2.6 Court Orders. 74 5 3.1 Status reports from Department Heads. 75 6 *** Adjournment. 80 7 *** Reporter's Certificate. 81 8 * * * * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 JUDGE KELLY: Good morning. It is Monday, 2 July the 20th, 2020. It's 9 o'clock in the morning, and 3 this is a special Kerr County Commissioners' Court 4 meeting. We will come to order. Remind everybody, use 5 your cell phones but try to turn them to vibrate only. 6 And a reminder that for those in the public that would 7 like to call in, we'll receive your input. You can call 8 (830) 792-6161. And that phone is here at the bench and 9 will be answered. 10 For those of you that are tuning in, we have 11 -- Commissioner Letz is available, attending by phone 12 and watching YouTube. We have a telephone up on the 13 bench and you'll hear his input. 14 So with that, the first item on every agenda 15 is public input. If there's anybody that would like to 16 address the Court on a topic that is not on the agenda, 17 this is your opportunity to address the Court. For 18 those that - in the public that are not in attendance, 19 you can call in on the number I just gave you, which is 20 again 792-6161. 21 Okay. We don't -- don't have anyone here 22 that wants to address the Court at this time. So let's 23 move on with the Commissioners' Comments. Start with 24 Commissioner 1. 25 COMMISSIONER BELEW: Well, as we all know, 5 1 there was a bad accident in Precinct 1, and three people 2 dead and nine people injured, and somebody in jail as a 3 result. I also passed on the way home, also on 16, 4 yesterday coming back from Stonewall, a rollover 5 accident in Gillespie County. So I just want to remind 6 everybody to be really especially cautious. You know, 7 there's a yellow line in the middle of the road and it 8 doesn't stop anything. It's up to us to protect each 9 other. So our condolences to those who were lost. It's 10 really hard on our emergency responders because they're 11 -- they knew those folks. When you arrive on the scene 12 and it's somebody you know, it -- it's tough on you. So 13 our prayers for those families. 14 JUDGE KELLY: Precinct 2. 15 COMMISSIONER MOSER: Let's see. Thank you, 16 Judge. The alcoholic beverage sale petition passed at 17 over 2500 signatures, 2016 required. So those have been 18 turned in to the election folks. They will verify the 19 -- that they were all registered voters. And then when 20 that's done, it -- they have 30 days to do that. As a 21 matter of fact, they're required to have 30 days to do 22 it. They'll -- Bob Reeves and the election folks will 23 come to Commissioners' Court and -- with a 24 recommendation that if you put it on the ballot, 25 Commissioners' Court will then vote to put it on the 6 1 ballot for November 3rd, and then the public will decide 2 whether or not they want to have alcoholic beverage 3 sales in Precinct 2. 4 That's the biggie. That was -- people that 5 have worked on that are -- should really be admired and 6 appreciated. That was a lot of hard work by a lot of 7 people to get it there. They sat out in the parking 8 lots during the early voting all day long for two weeks. 9 And then on voting day. Plus did a lot of special 10 events. So kudos to them. So that's -- that's the big 11 thing in Precinct 2. 12 JUDGE KELLY: Good. Commissioner Letz, 13 Precinct 3. 14 COMMISSIONER LETZ: Yes. I have a couple of 15 comments. First, I just want to let the public know 16 that the COVID virus has been going through the Letz 17 household, which is why I'm not in Court today. And 18 I -- we're all fine, we all appreciate that we're 19 asymptomatic the entire time. I've never had any 20 symptoms. And my wife and the kids haven't shown any 21 symptoms. So that all part of it is good. 22 I also want to really take your hats off to 23 the Peterson Hospital. They've been very helpful and 24 informative the past couple weeks on how to deal with 25 things. It is interesting that according to the CDC 7 1 guidelines, I was cleared and ready to come to Court 2 today; however, I got an additional test last week out 3 of an abundance of caution and it came back positive 4 which was -- which it should not have done based on the 5 guidelines. Anyway. We're getting more tests today. 6 But that's kind of why I'm not in Court now and why I 7 wasn't in Court last week as well. 8 The last comment that I have is that I read 9 an article in the Daily Times. I think it was on the 10 14th, and I'll quote what they said. It was an article 11 that they wrote or an editorial about holding us, and 12 how the public felt about our job and such. But it said 13 Commissioners have essentially questioned the need for 14 many staff and they've been steadfast in their 15 skepticism about the virus. 16 You know, it's the statements like that 17 which, in my opinion, are absolutely false that this 18 paper and other papers have made that cause everyone to 19 be skeptical about everything. This Court, myself and I 20 believe the majority of the Commissioners, have said 21 that we encourage people to wear masks. We think masks 22 are probably a good idea, but we're not going to mandate 23 that businesses do it. That's a lot different than 24 saying there's no need for face masks. I personally 25 wear a face mask, you know, either social distance or I 8 1 wear a face mask. Other times I don't, when I'm in 2 Commissioners' Court and then I'm properly socially 3 distanced. But it's also difficult to talk and we do a 4 lot of talking obviously. So I just think that it's -- 5 you know, if the paper's going to report things as fact 6 they need to be honest. And that article was not 7 honest. That's all I have. 8 JUDGE KELLY: Okay. Precinct 4. 9 COMMISSIONER HARRIS: Yes. It's getting hot 10 and dry out there. We put the burn ban on in 11 Precinct 4, I believe Thursday or Friday. And I know 12 Divide and Mountain Home were busy over the weekend with 13 grass fires and what have you. 14 Also, one thing that we haven't mentioned 15 much. But I think everybody needs to be -- get on board 16 is the census. The census is going on right now. And 17 that means Federal money that would otherwise not come 18 to Kerr County is everybody's not participating. And 19 it's really easy. It takes about ten minutes online if 20 you've lost the mailer that you got on it and it's 21 My 2020 Census dot gov. So I would encourage everybody 22 to get on board with that and -- it just helps us. 23 Helps us. 24 And to follow-up on what Commissioner Letz 25 said about the masks. You know, we have said we're not 9 1 going to enforce it, we're not going to mandate it, but 2 we all encourage it. And I wear this when I'm -- walk 3 through the crowd and what have you. But up here, we're 4 spaced out and -- and so I don't do it. But if you want 5 to go into HEB or something, you better put one on. If 6 you don't, order curb side. And I know plenty of 7 businesses that are accommodating people that -- that 8 don't want to wear them and will meet them out at their 9 car or what have you or go through the drive-thru's or 10 what have you. So that's all I got, Judge. 11 JUDGE KELLY: Okay. Well, if you want to 12 talk about masks, I think I have consistently worn a 13 mask, encouraged people to wear a mask. But I have 14 joined with the Court in strongly recommending that 15 people wear masks and not mandate businesses to do it. 16 So the public needs to know that we encourage you to 17 wear masks. 18 So with that, let's go ahead and start our 19 meeting. The first item on the agenda, as always these 20 days, 1.1. Dub Thomas is going to present a report on 21 COVID-19. 22 MR. THOMAS: Good morning, Judge. Good 23 morning, Commissioners. Okay. So for last week -- 24 well, this is week 20 that we're in for our COVID-19 25 reporting. The Emergency Operations Center has still 10 1 been stood down, but we're still operating remotely 2 between myself and the City and Peterson. The call 3 center is no longer open, but you can still call 4 258-1111 for some information. 5 We had no deaths from COVID-19 in the past 6 week. Our COVID-19 data, so far -- and these numbers 7 are as of Friday. I'll update them again this afternoon 8 when I get some more DSHS numbers. The total tested by 9 Peterson Regional is 3,110. Texas Military Forces have 10 been 812. Nursing homes, 675. Curative Incorporated, 11 that's the company that has been contracted by the 12 Department of State Health Services to do testing now 13 instead of Texas Military Forces, they did testing last 14 Tuesday. They tested 747 people. I don't know -- I 15 don't have the breakdown on that yet. I'm pretty sure 16 that probably not all those are Kerr County residents, 17 but when I get that that number will be adjusted. 18 So far we've had -- Kerr County COVID 19 positives to date, 277 and we have six people 20 hospitalized at this time. 21 COMMISSIONER HARRIS: At this time? 22 MR. THOMAS: Yes, sir. 23 COMMISSIONER HARRIS: Okay. 24 MR. THOMAS: As of Friday. Now, if they've 25 gotten out over the weekend I -- I'm not aware of that 11 1 yet. 2 Some of the active and recovered statistics, 3 total active cases 198, recovered cases 77, fatalities 4 two. Our transmission method stats for 119 cases. 5 That's -- it hasn't changed much. What is changing is 6 our age data, down there in the middle of the page, from 7 156 cases that Peterson has tested. And they've given 8 me the results back -- 9 JUDGE KELLY: Before -- before we get to 10 that demographic, I was looking back up at the 11 transmission methods. 12 MR. THOMAS: Uh-huh. 13 JUDGE KELLY: And I noticed that household 14 spread, community spread, and close contact are by far 15 the largest ways that the coronavirus is spread. 16 MR. THOMAS: Yes, sir. 17 JUDGE KELLY: And so social distancing and 18 masks and hygiene are critical. 19 MR. THOMAS: That's correct. And so you'll 20 -- when I get these addresses, I'm starting to see 21 several addresses around town or out in the County that 22 are repeat addresses. So there will be one person test 23 positive, and then a couple weeks later it might be one 24 or two more. You know, two -- a couple addresses that 25 are within close proximity to each other on the same 12 1 street. So I'm assuming that, you know, they had 2 neighbors over, had family barbecues, whatever, but -- 3 yeah, the household spread, community spread, and close 4 contact are the three biggest numbers. That just tells 5 me that we're spreading it around -- 6 JUDGE KELLY: We're doing it to ourselves. 7 MR. THOMAS: We're doing it to ourselves. 8 Yes, sir. And then the same thing for the age data. 9 And these are all confirmed cases. That middle number 10 there from 20 to 59 has been our biggest group. And I 11 believe that continues to go up. The 75-79 group and 12 80 plus group is starting to creep up as well. We had 13 only, like, one or two cases of those last week and then 14 all of a sudden we started picking up in that elderly 15 age group. 16 COMMISSIONER MOSER: So another way of 17 saying that, Dub, too, is 70 percent of the people less 18 than 60 are the ones that are positive? 19 MR. THOMAS: Yes, sir. 20 COMMISSIONER MOSER: Yeah. 21 JUDGE KELLY: And a lot of those people are 22 asymptomatic. They don't know they have it, just like 23 Commissioner Letz reported. And they're infecting the 24 older people, the vulnerable population. 25 MR. THOMAS: And these are confirmed cases. 13 1 JUDGE KELLY: And it's not intentional, but 2 that just means that we're not exercising the 3 recommended methods to slow the transmission down. 4 MR. THOMAS: Right. And another thing I'd 5 like to look at is that age group, that's -- that's the 6 folks around town that work. The employers and 7 employees of all these establishments that we want to 8 try and keep in business. And yet, the employees and 9 the employers are all getting sick. So that's just 10 something that I would like to keep a track on. 11 All right. So out of Texas, testing by 12 Curative was conducted on Tuesday, July 14th and we did 13 747 tests there. Texas Military Force testing was on -- 14 the last one was on -- will be available again on August 15 the 8th -- I'm sorry, that should be August 5th, at the 16 Hill Country Youth Event Center. But we're going to be 17 doing some more notifications on that as -- as we get 18 closer. 19 I'm not sure if that's going to be a walk-up 20 like it -- the last one was or if it's going to be by 21 appointment only. 22 COMMISSIONER LETZ: Dub? 23 MR. THOMAS: Yes. 24 COMMISSIONER LETZ: Can I make a comment -- 25 MR. THOMAS: Yes, sir. 14 1 COMMISSIONER LETZ: -- if I could? That's 2 just one general comment was that the -- I have a lot of 3 issues with the numbers the way they're being reported. 4 And this is -- because I've gone through this, I have 5 now been tested twice, my wife has been tested twice, so 6 that means those numbers according to the hospital, 7 that's four people are positive, when it's two that are 8 positive. 9 Additionally, I'm not sure as of the 10 presumptive positive, how those numbers -- the 11 presumptive are presumed positive already. And that -- 12 so the numbers are -- are inaccurate. I think they show 13 a trend, but I guess I -- it seems to me that maybe we 14 should change the way we are posting this report. 15 I don't know that it's great idea to come 16 through and your numbers don't agree with the numbers I 17 get from the Department of State or the State Department 18 of Health because of the timeline, I guess. They still 19 show we only have one death in the County as of 20 yesterday. It seems to me that we should maybe go to 21 having you come to Court maybe twice a month instead of 22 every -- we're going over the same thing. We know the 23 problem. We know what people need to do to slow it 24 down. And it just seems that we're taking an awful lot 25 of the time hashing the same thing every week to me. 15 1 MR. THOMAS: It's fine with me, 2 Commissioner. Whatever the Court wants me to do, I'll 3 be glad to do. 4 COMMISSIONER BELEW: Now we -- there was a 5 press release that went out this morning saying that the 6 numbers were going to be reported differently anyway. 7 MR. THOMAS: Well, what I've done is -- you 8 saw a lot of press on Bexar County last week where they 9 had 3,000 some odd probables -- 10 COMMISSIONER HARRIS: Thrown out. 11 MR. THOMAS: -- thrown out. Yeah. 12 COMMISSIONER HARRIS: Originally counted and 13 then thrown out. 14 MR. THOMAS: We had -- Kerr County has had 15 15 total probables to date. Now, the Department of 16 State Health Services considers a probable case, one an 17 individual who is in a home with a person who is COVID 18 positive, but they are symptomatic. They have not been 19 tested yet, but they're still symptomatic. They 20 consider that a probable. 21 They also consider a probable if somebody's 22 gone to see their primary care physician and they do the 23 quick test, the quick swab. That's not a -- what DSHS 24 considers a confirmative test. They consider a PCR 25 test, a nasal pharyngeal swab or the cheap swabs, a PCR, 16 1 a confirmative test. So when -- if you go see your 2 primary care physician and you get that quick test, they 3 don't consider that a confirmative test so they -- 4 COMMISSIONER BELEW: So isn't that a waste 5 of time? 6 MR. THOMAS: -- don't consider that as a 7 probable. No, I wouldn't say it's -- I wouldn't say 8 it's a waste of time. 9 COMMISSIONER BELEW: Well, then what -- what 10 -- what do you accomplish doing that? 11 MR. THOMAS: Well, DSHS is reporting 12 probables because it kind of gave us an idea of how the 13 virus was spreading through the community. So most of 14 the probables that we've seen, in fact, all of them have 15 been in the same home with somebody who's been confirmed 16 positive. You can go from probable to confirmed. We 17 had one of those over the weekend. And that number will 18 be posted this afternoon. 19 COMMISSIONER MOSER: So sort of bottom line, 20 if you put plus or minus ten percent on the accuracy of 21 -- still, the trend is significantly up? 22 MR. THOMAS: Yes, sir. 23 COMMISSIONER MOSER: Right. 24 MR. THOMAS: The trend is up. And I -- and 25 our numbers are based on what the information was that 17 1 -- that DSHS was giving us a long time ago before they 2 got swabbed, plus the numbers that Peterson Regional has 3 given us. 4 COMMISSIONER MOSER: But the message is it's 5 still going up significantly. 6 MR. THOMAS: It's still going up. No 7 fatalities, other than the two we've already had. 8 COMMISSIONER HARRIS: Dub, I'd like to 9 backtrack if you don't mind. We all have these numbers 10 in front of us and we've talked about them but -- but 11 the public is not seeing them. Can you go over the age 12 classes and the cases out of these 156 case that 13 Peterson is reporting and -- so that the people get an 14 idea of what -- 15 MR. THOMAS: Sure. 16 COMMISSIONER HARRIS: -- you know, basically 17 our elderly. 18 MR. THOMAS: We put these out in our press 19 releases as well. 20 COMMISSIONER HARRIS: Exactly. 21 MR. THOMAS: Age -- less than one age, zero; 22 ages one through nine, we've had six; 10 through 19, 23 seven; 20 to 29, 27; 30 to 39, 29; 40 to 49 have been 21 24 individuals; 50 to 59, we're 27 and one fatality; 60 to 25 64 is 13; 65 to 69 is seven; 70 to 74 is seven; 75 to 79 18 1 is six with one fatality; and 80 plus, we've had six 2 residents test positive. 3 COMMISSIONER MOSER: So, again, the summary 4 on that is 70 percent of the people are less that 60. 5 MR. THOMAS: Yes, sir. 6 COMMISSIONER MOSER: Okay. 7 COMMISSIONER HARRIS: And over 20. 8 COMMISSIONER BELEW: And preexisting 9 problems. We had asked about percentages and I don't 10 see any of that on here, Dub, unless that's in the 11 following pages. 12 MR. THOMAS: Percentages? 13 COMMISSIONER BELEW: Percentages of cases, 14 recoveries and so on. When you look at the percentages, 15 it's much different than just raw numbers. It tells you 16 a better story in a more accurate picture of what's 17 going on. Some counties have started reporting it that 18 way. 19 MR. THOMAS: I haven't -- I don't recall 20 that conversation. But as far as our infection rate, 21 we're at 6.02 percent based on 3,110 tests from 22 Peterson, 812 from Texas Military Forces, 675 from 23 nursing home and 277 positives. 24 COMMISSIONER BELEW: That's six percent of 25 the county's population? 19 1 MR. THOMAS: Six of those folks that have 2 been tested. 3 COMMISSIONER BELEW: So say that again. 4 Six percent of -- 5 MR. THOMAS: Our infection rate is 6.02 6 percent. 7 COMMISSIONER BELEW: Of those that have been 8 tested? 9 MR. THOMAS: Of those that have been tested. 10 Yes. 11 COMMISSIONER BELEW: Okay. All right. 12 MR. THOMAS: Yeah. 13 COMMISSIONER BELEW: So county wide it's 14 less than a percent? 15 MR. THOMAS: Yes, sir. 16 COMMISSIONER BELEW: Yeah. It does help to 17 gain some perspective, instead of just hearing numbers 18 and these -- and positive cases and so on, who's been 19 hospitalized, how many fatalities, which we're still at 20 two -- 21 MR. THOMAS: Right. 22 COMMISSIONER BELEW: -- and what percentage 23 it is of people infected in the County. So six percent 24 of those that have been tested could -- sounds scary 25 until you realize that it's -- there -- there's a couple 20 1 of -- how many -- 3,000 people have been tested? 2 MR. THOMAS: By Peterson. Yes, sir. About 3 3,100. 4 COMMISSIONER BELEW: Okay. 3,100. 5 MR. THOMAS: And so, you can take -- well, 6 you can take a look at -- 277 is our number. We were at 7 -- if you took the 15 probables out that I took out over 8 the weekend, we were at 292. So I took those probables 9 out. But I just didn't feel like it was accurate as far 10 as our count. It just inflated it a little bit. 11 But, if you look at -- what did I say our 12 actives were, 198 cases? 13 COMMISSIONER MOSER: Yeah. 14 MR. THOMAS: So about every two weeks the 15 Department of State Health Services considers you 16 recovered and they will take you off that list. So all 17 of those -- I'm sure our active -- total active cases 18 are probably less than 198, I just don't -- I just don't 19 have a way to calculate that number. 20 COMMISSIONER BELEW: Yeah. Okay. Well -- 21 JUDGE KELLY: Dub, have you been included in 22 the communications going on between the counties in 23 South Texas and the Hill Country with regard to the 24 request for the Department of Defense to provide an 25 expeditionary field hospital in the Port of Corpus 21 1 Christi to bring in mobile hospitals and morgues? 2 MR. THOMAS: No, I don't -- I -- I did see 3 this morning on the news where the Navy was being sent 4 down there to run some hospitals. Yes, sir. 5 JUDGE KELLY: Well, there's a draft letter 6 that's been -- that I received this morning. It's got 7 my name on it. I haven't signed off on it yet. But 8 it's got to have probably at least 30 or 40 County 9 Judges requesting the Department of Defense to bring in 10 the necessary supplies because of the lack of hospital 11 bed capacity, especially in Corpus Chris and the South 12 Texas area. 13 So while we downplay the seriousness of 14 COVID-19 here in Kerr County, it is nonetheless still 15 devastating and ravishing the rest of the state. So 16 you've done a very great -- good job managing our 17 emergency situation here, Dub. 18 MR. THOMAS: Well, thank you. 19 JUDGE KELLY: This is still a very critical 20 situation in -- especially in South Texas. 21 MR. THOMAS: I have heard that in South 22 Texas, McAllen, Harlingen, down there, Brownsville, 23 those hospitals are at or over capacity. 24 JUDGE KELLY: And so is Del Rio, Eagle Pass, 25 Laredo, go straight down that border. 22 1 COMMISSIONER BELEW: All the border towns. 2 And it's been suggested people are coming from Mexico to 3 -- because they're in bad shape and need 4 hospitalization. 5 JUDGE KELLY: Well, it is what it is. And 6 the fact of the matter is while we've done very well 7 here in Kerr County and you are to be commended for the 8 job that you've done, Dub. But people need to know that 9 this is still a very serious health crisis. 10 MR. THOMAS: Judge, I believe one of the 11 primary responsibilities of government is to take care 12 of its people. However, when it comes -- when it comes 13 to Emergency Management and Disaster response, there's a 14 certain amount of personal responsibility that belongs 15 on the individual. 16 JUDGE KELLY: Sure. 17 MR. THOMAS: So I feel like, you know, we -- 18 we put the information out there for folks about how to 19 protect themselves, it's all up to them whether or not 20 they want to do it. 21 COMMISSIONER HARRIS: Still have to wash 22 your hands. 23 MR. THOMAS: I mean, it's just like wearing 24 a helmet or a seat belt. It's not a guarantee that it's 25 going to save your life, but it's better than nothing. 23 1 JUDGE KELLY: Well, you got that right. 2 Forty-five year trial lawyer, I will tell you that in 3 trying lawsuits to juries they used to ask what do you 4 do, I said -- well, I explained it to them but I can't 5 make them understand it. So we've explained it to the 6 people and whether or not you understand it or not, 7 that's really your responsibility. 8 MR. THOMAS: Yes, sir. 9 COMMISSIONER BELEW: Well, with the examples 10 you used, you have a reasonable expectation and that's 11 what you're talking about. 12 MR. THOMAS: Right. 13 COMMISSIONER LETZ: We've been very 14 fortunate, but I think that the Court, the City, the 15 Emergency Management, and the hospitals have all taken 16 it very serious. That's why we don't have the problems 17 like some other areas. That's what should be 18 emphasized. 19 MR. THOMAS: I couldn't hear what he said. 20 COMMISSIONER HARRIS: It's all good. 21 JUDGE KELLY: Anything else, Dub? 22 MR. THOMAS: Okay. No, sir. If y'all will 23 just let me know what y'all want me to report on and how 24 often, I'll be glad to accommodate you. 25 JUDGE KELLY: I would -- I guess remember 24 1 last week I asked for a graph? 2 MR. THOMAS: You asked for a graph and if my 3 laptop would work I could probably get one. 4 JUDGE KELLY: Okay. 5 COMMISSIONER BELEW: That guy right there -- 6 MR. THOMAS: Talk to -- 7 COMMISSIONER BELEW: And I did find here 8 where you put the percentage. But it was just the 9 percentage of tested -- 10 MR. THOMAS: Yes, sir. 11 COMMISSIONER BELEW: -- instead of the 12 percentage in the County. 13 MR. THOMAS: Oh, I could put the -- yeah, 14 whatever the -- 15 COMMISSIONER BELEW: That -- that would be 16 nice. That would be good. 17 JUDGE KELLY: But I did have a taxpayer, a 18 local citizen, who did a -- did a plot for me. And it 19 shows a dramatic rise that begins in mid to late June. 20 And since then has just gone off the charts. 21 MR. THOMAS: Once we opened up it -- 22 everything shot straight up. 23 JUDGE KELLY: But -- but his data was based 24 upon PRMC's data. And what I'm really looking for is 25 the DSHS data. 25 1 COMMISSIONER BELEW: Right. 2 COMMISSIONER MOSER: Judge, with that, okay, 3 with the fact that it's increasing, what you just said, 4 increasing significantly since June, I want to go to the 5 subject of mandating. Okay. The Judge -- I mean the 6 Governor -- help me here, Commissioner. The Governor 7 has the requirement that face masks be worn in public 8 except for about 12 conditions, I think, that they 9 mentioned. Except when safe distancing and people don't 10 have to wear it under some certain conditions. 11 So with that, what is the capability of the 12 Court to mandate that businesses and people in the 13 County wear face masks? 14 JUDGE KELLY: We can do anything up to what 15 the Governor has done, but we cannot be inconsistent 16 with what he said. 17 COMMISSIONER MOSER: So what -- 18 JUDGE KELLY: That's our invitation. 19 COMMISSIONER MOSER: So can we mandate even 20 though the Governor has not mandated? 21 JUDGE KELLY: Well, I -- the Governor has 22 mandated. 23 COMMISSIONER MOSER: Okay. But we -- we 24 talked about earlier that we have chosen not to mandate. 25 Maybe it's time to mandate now. 26 1 COMMISSIONER BELEW: Let me -- 2 JUDGE KELLY: What would -- would that -- 3 COMMISSIONER BELEW: What would that change? 4 Let me ask this, what would that change that's not 5 happening now? 6 COMMISSIONER MOSER: Well, it would require 7 those businesses that are not requiring face masks to 8 require it. 9 COMMISSIONER BELEW: Who is that? 10 COMMISSIONER MOSER: I don't know a specific 11 one but -- 12 COMMISSIONER BELEW: Well -- 13 COMMISSIONER MOSER: -- I don't -- I'm not 14 going to name them anyway in public. 15 COMMISSIONER BELEW: I get that but -- 16 COMMISSIONER MOSER: But there are -- there 17 are businesses out there that do not. 18 COMMISSIONER HARRIS: We've discussed this 19 in quite length the last two Mondays and we've had 20 people come in and some of the same people. 21 COMMISSIONER MOSER: Right. And so, 22 therefore, I'm bringing it up again. I would like to -- 23 to make a motion that we mandate. And the question is 24 if we make that motion -- or if I make that motion to 25 mandate, what does that mean? Does that mean the Judge, 27 1 then, has to mandate it? Because we, the Commissioners' 2 Court, can't mandate. All we can do is ask the Judge, 3 to my understanding, to -- to mandate. 4 JUDGE KELLY: I think that's right. And my 5 position has been consistent all along, that I do not 6 want to enter a mandate or an order that is inconsistent 7 with the wishes of this Court. 8 COMMISSIONER MOSER: Well, so therefore, 9 I'll make a motion that we mandate face masks be worn in 10 the public, consistent with the restrictions and 11 exceptions that are in the Governor's order, but it's 12 mandating for all businesses in Kerr County. That means 13 inside the City and outside the City. Now -- 14 JUDGE KELLY: So you're -- you're making a 15 motion -- 16 COMMISSIONER MOSER: Yeah. 17 JUDGE KELLY: -- that we have -- we -- that 18 this will be a recommendation to me to enter an order, 19 an Executive Order, that mirrors the Governor's order 20 for mandatory masks? 21 COMMISSIONER MOSER: Yes. 22 COMMISSIONER BELEW: What's the point? It's 23 redundant. 24 COMMISSIONER MOSER: It's not redundant. 25 Because he's not -- he's not -- if it's redundant then 28 1 it's useless. Okay. That's my -- 2 COMMISSIONER BELEW: Right. 3 COMMISSIONER MOSER: -- my question. But 4 we've made the comment earlier in this agenda item that 5 we have not mandated. Okay. So -- 6 COMMISSIONER BELEW: But the Governor did. 7 COMMISSIONER MOSER: Well, do -- if the 8 Governor -- if it's redundant then we don't need to do 9 it, so I need clarification. The public doesn't know 10 it, okay? 11 COMMISSIONER BELEW: You're right. It 12 could -- 13 COMMISSIONER MOSER: The public thinks we're 14 just strongly recommending. Well, if the Governor has 15 mandated it, then it doesn't do us any good to mandate. 16 But if the Governor hasn't -- if we can put more teeth 17 into it by mandating it, then I -- that's what I'm 18 making a motion. 19 JUDGE KELLY: Well, let me clarify. There's 20 a difference between enforcement of an order and 21 entering an order. 22 COMMISSIONER MOSER: I haven't talked about 23 enforcement yet, I'm just talking about -- 24 JUDGE KELLY: And -- and the Sheriff's 25 argument all along, and I believe he's correct, I wish 29 1 he wasn't but I believe he is, that the Order as drafted 2 by the Governor is unenforceable because it prohibits 3 the detention of anybody for not wearing a mask. And 4 that includes stopping anybody and asking them why 5 you're not wearing a mask. So by the inclusion of one 6 word in the Governor's Order, he completely emasculated 7 the mandatory aspect of the order. He has not retracted 8 that. He has not changed that. He has not given the 9 counties or local mayors the authority to do anything 10 inconsistent with what his order is. 11 So if we enter this order and we do a mirror 12 image -- that's what I was asking if it's a mirror image 13 order, if it's the exact same as the Governor's, we've 14 entered a mandatory order that is unenforceable because 15 you can't stop people and ask them why they're not 16 wearing masks. 17 COMMISSIONER MOSER: Well, enforcement -- 18 enforcement is not our prerogative. That's the 19 Sheriff's prerogative of how to enforce. But we can 20 mandate. And it's up to him to enforce to the extent 21 that he wants to, needs to or can. So -- 22 COMMISSIONER BELEW: That's just -- 23 COMMISSIONER LETZ: I mean, we know that the 24 Governor's Order said -- said that it can't be enforced. 25 So it makes no sense to mandate an order that can't be 30 1 enforced. Nothing -- it's not the Sheriff's decision; 2 it's the Governor's decision. 3 COMMISSIONER MOSER: It's the Sheriff's 4 position to enforce. 5 COMMISSIONER BELEW: I'm against this Court 6 doing anything in form over substance. I don't -- I 7 don't agree with that. I don't -- I think it would just 8 strictly be -- it's useless. 9 COMMISSIONER MOSER: Well, let me just put 10 it this way. I'll make a motion and let's see if 11 there's a second. 12 JUDGE KELLY: I'll second it just so that we 13 can -- we can go on record so the public can know 14 exactly where we stand on it. The court's open for 15 discussion. 16 COMMISSIONER HARRIS: All right. Two weeks 17 ago we had over 20 people come in here and give us their 18 opinion on mandating masks. And we voted it down. We 19 voted not to mandate. 20 JUDGE KELLY: Well, technically that's 21 another thing. That's another misimpression. We did 22 not vote it down. 23 COMMISSIONER HARRIS: You're right. 24 JUDGE KELLY: What we did, when we saw that 25 there was an overwhelming majority of the court that 31 1 were against mandatory masks, I made a motion that we 2 unanimously recommend, strongly recommend, wearing a 3 mask. 4 COMMISSIONER HARRIS: Right. 5 JUDGE KELLY: And that passed unanimously. 6 COMMISSIONER MOSER: Right. 7 JUDGE KELLY: And that's where this Court 8 is. 9 COMMISSIONER HARRIS: Okay. And then later 10 in the week, the Governor came out with his new order 11 that, you know, it mandated that businesses require 12 masks. So all that discussion we had then was for not 13 because he overwrote it a few days later. And then 14 somehow we got off on masks last week and it didn't go 15 anywhere. So I don't know why we keep bringing this up. 16 I mean -- 17 COMMISSIONER MOSER: Well, because things 18 keep getting worse. That's the reason. So should we 19 take additional action since things continue to get 20 worse? 21 COMMISSIONER HARRIS: Well, y'all got a 22 motion and a second. 23 JUDGE KELLY: Well, the purpose of the 24 second is, we -- this needs to be an ongoing dialogue 25 with the public. This is not a static 32 1 once-in-a-lifetime, make a decision, move on. This is 2 an ever-changing crisis situation that we're going 3 through. And so we need -- I think we need to be open 4 to talking about it because if we don't talk about it -- 5 COMMISSIONER MOSER: I agree. 6 JUDGE KELLY: -- they're going to talk about 7 us. I guarantee you. 8 COMMISSIONER BELEW: Well, Dub's still here, 9 and correct me if I'm wrong, Dub, that they said the 10 more testing, the more cases? 11 MR. THOMAS: Absolutely. 12 COMMISSIONER BELEW: And the more cases as 13 this goes up and you're saying that things have changed 14 and I would disagree with that. And if you take the 15 overall numbers as the numbers expand exponentially, 16 you're going to have more of this. But the percentages 17 remain pretty much the same. 18 COMMISSIONER MOSER: Well, but -- and I 19 don't argue with you about that. I don't disagree with 20 you. But let's look at what we talked about that's 21 happening down in South Texas. Their hospital beds are 22 full. The deaths in -- 23 JUDGE KELLY: And they're coming up here. 24 COMMISSIONER MOSER: Right. They're going 25 to come this way. The deaths -- the deaths are 33 1 increasing in some states, and they're increasing in 2 Texas, okay. And probably along the border, yeah, 3 that's a special issue. But all I'm saying is -- is 4 with this, all we can do is put another level of 5 assurance that's trying to move away from people getting 6 COVID-19. 7 Now, to enforce it is going to be difficult. 8 And I understand that. And I -- you know, I think 9 putting something in that's not -- that's going to be 10 difficult to enforce is one thing, but not enforceable 11 is a different thing. So I think it can be enforced but 12 it would be, you know, very -- very difficult. 13 JUDGE KELLY: Well, I think one of things -- 14 this is just a comment about enforcement. The 15 Governor's Order is not enforceable. I -- I say that 16 and that's my legal opinion. I don't think it's 17 enforceable. It's up to a court to make that 18 determination. I don't get to decide if it's not 19 enforceable, or it doesn't read enforceability to me. 20 COMMISSIONER MOSER: Enforceable or legal? 21 JUDGE KELLY: Enforceable. 22 COMMISSIONER MOSER: Enforceable. Okay. 23 JUDGE KELLY: There's nothing illegal about 24 the order. 25 COMMISSIONER MOSER: Right. Okay. 34 1 JUDGE KELLY: In fact, I haven't heard any 2 suggestion that the order is illegal, but I do believe 3 that it's unenforceable. 4 But right now, we do not have a mandatory 5 mask wearing order in place. If we did, we know that 6 there are going to be people that do not -- that will 7 not wear a mask. And a lot of them are for health 8 reasons, which we certainly recognize. And some of 9 them, I think -- I believe, are for reasons of civil 10 disobedience. They just disagree with what the 11 Governor's done and they choose not to wear masks out of 12 active oppositional defiance almost. And that's okay. 13 I'm not saying the people don't have a right to do that. 14 They -- 15 COMMISSIONER BELEW: But you don't have to 16 have that mask on if you are six feet away from 17 somebody, so that needs to be remembered. That gets 18 left out of these discussion. 19 COMMISSIONER MOSER: No, it -- no, it didn't 20 get left out. I said a while ago -- 21 COMMISSIONER BELEW: I'm talking about what 22 the Judge is saying right now. 23 COMMISSIONER MOSER: Oh, okay. 24 COMMISSIONER BELEW: I -- I agree with you, 25 Tom. 35 1 COMMISSIONER MOSER: Yeah. Okay. 2 COMMISSIONER BELEW: But this idea that you 3 have to have a mask on at all times -- you're supposed 4 to keep separated from somebody six feet, OR, have on a 5 mask. 6 JUDGE KELLY: Well, I think everybody at 7 this courthouse knows that I don't wear this mask in my 8 office. If you come in to talk to me, I don't have a 9 mask and we sit at least six -- probably 10 to 12 feet 10 apart to talk about things. And I think that's pretty 11 much the rule here at the courthouse. Or should be the 12 rule. 13 COMMISSIONER LETZ: What I'm saying is this 14 deal with Commissioner Moser and the Judge, my 15 understanding is that all we can do is require 16 businesses to require employees wear the mask and, you 17 know, we can't require the public to wear them. So is 18 that not correct? We have no authority to even add a 19 requirement for the public to wear masks? 20 COMMISSIONER BELEW: No. 21 JUDGE KELLY: I think -- I think the order 22 -- and I've got it sitting in a folder on my desk that I 23 could go get, but I think it says businesses and -- 24 buildings and offices open to the public. 25 MRS. STEBBINS: These are my notes, but 36 1 please give them back. 2 COMMISSIONER MOSER: She smiled. 3 COMMISSIONER LETZ: Construction companies. 4 Do they have to wear a mask because they're on the job? 5 MRS. STEBBINS: Places open to the public is 6 the language used in the Governor's order, which would 7 include the courthouse. If this Court adopts an order 8 that mirrors the Governor's order, the question then 9 becomes enforcement, and the Sheriff will then enforce 10 it. What the Judge could do is Judge Kelly could order 11 everyone who enters the courthouse to wear a mask, which 12 would make it a little different from the order; 13 however, I think that the Governor's order says that 14 when you're in public places -- 15 JUDGE KELLY: Let me -- let me read the 16 mandated part of the order. And there are one -- and I 17 don't have a copy of -- 18 MRS. STEBBINS: It's -- the front page has 19 it. 20 JUDGE KELLY: Well, this is what it says. 21 It says every person in Texas shall wear a face covering 22 over the nose and mouth when inside a commercial entity 23 or other building or space open to the public. 24 COMMISSIONER BELEW: And then he goes on to 25 enumerate them. 37 1 JUDGE KELLY: Well then he says, or when in 2 an outdoor public space where it is not feasible to 3 maintain six feet of social distancing from another 4 person not in the same household, provided -- and then 5 he goes through 13 exceptions or however many there are. 6 COMMISSIONER BELEW: Right. 7 JUDGE KELLY: That's what it says. Now, the 8 -- the matter that's been up for interpretation, and 9 this is just the lawyers I'm splitting the hairs for, is 10 the part of the sentence that talks about when in an 11 outdoor space also talks about not having to wear a mask 12 if you're social distancing. 13 The first part of the sentence that talks 14 about the buildings does not say that. There are 15 interpretations, I know, I've talked to some of the 16 elected officials here at the courthouse that interpret 17 that to mean if you're six -- if you social distance six 18 feet apart in the courthouse or in a building, you don't 19 have to wear a mask. There are others that look at that 20 and say that's only if you're outside. So I'm not -- 21 COMMISSIONER BELEW: It makes no sense. 22 That's illogical. 23 JUDGE KELLY: I'm not -- 24 (Talking over) 25 MRS. STEBBINS: But that's the 38 1 interpretation of attorneys who give advice to local 2 government, including the regional judges who just sent 3 out a message to judges who have to comply with the 4 Office of Court Administration. They made it separate 5 in their message to those judges, you've gotta comply 6 with the rules of no hearings in person unless it's 7 necessary. But also they added, and the Governor's 8 order says, you've gotta make sure that the people are 9 wearing masks. So it supports my interpretation of it 10 that even when you're in here and you're six feet apart, 11 you have to wear a mask because it's a public space, 12 required by the Governor. 13 COMMISSIONER MOSER: So say that last thing 14 again, your interpretation then. Because it's hard to 15 understand you with your mask on. 16 MRS. STEBBINS: Because I'm speaking, I can 17 have my mask off. 18 JUDGE KELLY: Right. That's what he said. 19 MRS. STEBBINS: The rules, I believe, that 20 the Governor has placed on us is that when you're in a 21 public place you have to wear a mask. And if you're in 22 an outside space and can't maintain six feet of social 23 distance, you have to wear a mask if you're not in the 24 same household. With the exceptions. 25 But I don't believe that the, "unless you 39 1 can maintain six feet of social distance," applies to 2 the provision that says wear a mask in public -- 3 COMMISSIONER MOSER: Okay. 4 MRS. STEBBINS: -- space. Public space. 5 JUDGE KELLY: And in the interest of 6 promoting this today, because I think the public needs 7 to understand the issues. There's a difference of 8 opinion in how to interpret the Governor's Order. Does 9 it mean that you have to wear a mask when you're 10 outside, but only when you're within six feet of each 11 other? I think we all agree on that. But it's not 12 clear. I would say it's ambiguous, as we lawyers like 13 to use the phrase, ambiguous whether or not that order 14 is intended to mandate the wearing of a mask at all 15 times inside public buildings. Public spaces. 16 And what -- what the County Attorney is 17 saying is her experience in working with her colleagues 18 in the field, are interpreting it that when inside the 19 public building, when you're inside and around other 20 people, you have to have that mask on. Right? 21 MRS. STEBBINS: Uh-huh. Yes, sir. 22 JUDGE KELLY: That's what she's saying. 23 MRS. STEBBINS: The public spaces of this 24 building, in my opinion, you're required to wear a mask, 25 even if you can stay six feet away from someone. 40 1 JUDGE KELLY: So to use my example, when I'm 2 in my office and you come in and you sit halfway across 3 the room from me and talk, I don't need to have a mask 4 on. 5 MRS. STEBBINS: That's -- that's right. And 6 that's why -- 7 JUDGE KELLY: But if I walk outside to go to 8 the restroom across the hall, I have to put that mask 9 on. 10 MRS. STEBBINS: Yes. 11 JUDGE KELLY: And if I don't, there's 12 somebody that reminds me I don't have it on. 13 COMMISSIONER MOSER: Well, so if I -- - if I 14 listen to all that, it says that the mandate by 15 Commissioners' Court would not add anything to what the 16 Governor's requirement is. If that's true, then there's 17 no reason to mandate because the Governor's already 18 mandated it. So -- 19 JUDGE KELLY: The County Attorney's nodding 20 her head -- 21 COMMISSIONER MOSER: Right. 22 JUDGE KELLY: -- and I'm not here in the 23 capacity as a lawyer but I don't think there's anything 24 we can do that would be any stronger than what the 25 Governor's already done. 41 1 COMMISSIONER MOSER: Okay. Well, we just 2 had a very good discussion then. So -- 3 JUDGE KELLY: And that's -- that's the 4 reason I seconded your motion. 5 COMMISSIONER MOSER: Right. Good. 6 JUDGE KELLY: Because we -- we need this 7 discussion. 8 COMMISSIONER MOSER. Good. Okay. 9 JUDGE KELLY: The public needs to understand 10 this. 11 COMMISSIONER MOSER: Well, if it -- if it 12 doesn't do any good for the Court to have a mandate 13 order, then I will withdraw my motion. Because it's not 14 -- it wouldn't do any good. The Governor's already laid 15 down the requirement. All we have to do is follow the 16 Governor's requirement. 17 JUDGE KELLY: Correct. And if the 18 Governor -- and this is appealed to the Governor, if the 19 Governor decides that he would like to have his order 20 enforceable and he removes the word detain, then we have 21 an enforceable order. But as long as the word "detain" 22 is in that order, it's not enforceable. 23 COMMISSIONER MOSER: Well, but I -- I was 24 separating the enforcement thing from the mandate. 25 COMMISSIONER BELEW: Yeah, he can't change 42 1 it for 30 days. I think after 30 days he can. 2 MRS. STEBBINS: I think he can -- I think he 3 can modify it. In fact -- 4 COMMISSIONER HARRIS: He's amended it 5 several times. 6 COMMISSIONER BELEW: In this latest one? 7 COMMISSIONER HARRIS: Oh, not the latest 8 one. 9 COMMISSIONER BELEW: Yeah, here's -- here's 10 my issue. And there are exemptions to this. There are 11 11 of them at least, maybe 12, exemptions. There's a 12 part A and B to the 11 exemptions. So that kind of, to 13 my way of thinking, voids all the rest of them. 14 (Talking over). 15 COMMISSIONER BELEW: -- little kids doesn't 16 have to have a mask because magically after you're nine, 17 when you blow out those ten candles, you don't -- now 18 you gotta have a mask for your birthday. Right? That 19 kind of stuff doesn't make any sense to me. And so once 20 you -- once you make exceptions, you've voided out all 21 the rest of it pretty much. 22 JUDGE KELLY: Except not -- 23 COMMISSIONER BELEW: If you can sit in the 24 Judge's office -- if you two can sit together and talk 25 in that office without a mask on, in this building, 43 1 you've just voided everything you've said earlier. 2 COMMISSIONER MOSER: No. 3 MRS. STEBBINS: It's not a public space. 4 COMMISSIONER BELEW: Yes, you have. 5 MRS. STEBBINS: It's not a public space. 6 COMMISSIONER MOSER: It's not a public 7 space. 8 COMMISSIONER BELEW: It's in this building. 9 MRS. STEBBINS: But his office isn't a 10 public space. It's like mine's not a public space. 11 JUDGE KELLY: This courtroom is a public 12 space. 13 COMMISSIONER BELEW: Okay. Well, there you 14 go. That's an exception. 15 JUDGE KELLY: Your office is not a public 16 space. 17 COMMISSIONER BELEW: You make the exceptions 18 and so you pretty much void the whole darn thing in my 19 mind. 20 JUDGE KELLY: Well, I take exception with 21 the word void and that's just the lawyer in me because 22 that has a very distinct meaning in law. And the order 23 does not void it. 24 COMMISSIONER BELEW: I understand that the 25 void means to vacate and so on -- 44 1 JUDGE KELLY: Right. 2 COMMISSIONER BELEW: -- and so I get that. 3 But I'm saying it's -- it tends to nullify the 4 effectiveness of the overall -- apparent overall desire 5 or purpose. Then you go, okay, well, if you have these 6 exceptions -- 7 JUDGE KELLY: We went through those. 8 COMMISSIONER BELEW: -- those are okay and 9 you're always -- you see, it gives people a false sense 10 of security. And to do something else at this point 11 from this Court would only be to give another layer of 12 false sense of security, no extra protection whatsoever. 13 JUDGE KELLY: I don't dispute that we can't 14 give them that extra protection. And -- but the false 15 sense of security, that started when we had essential 16 and non-essential industry that could work. 17 COMMISSIONER BELEW: Yes, sir. 18 JUDGE KELLY: And everybody was -- was 19 parsing words, making sure they came within the 20 exception and it was virtually meaningless. 21 COMMISSIONER BELEW: I agree. 22 JUDGE KELLY: But it wasn't void. But it 23 was very difficult to enforce. 24 COMMISSIONER HARRIS: Everybody's job was 25 essential to them. 45 1 COMMISSIONER BELEW: Yeah. 2 JUDGE KELLY: So what we're really saying, 3 folks, and I'm talking to the public here, this is an 4 issue ultimately of personal responsibility. Each one 5 of us has to do the right thing. What we, in our own 6 hearts and minds and our souls, believe to be the right 7 thing to protect yourself and to protect others. And 8 that's as good as we're going to get. 9 COMMISSIONER MOSER: My only point was, if 10 there's anything this Court can do to enhance the safety 11 we should consider it. So our discussion said there 12 isn't anything relative to a mandate that lets us 13 enhance safety. So, therefore, we don't need to take 14 any action. The action is already there by virtue of 15 the Governor's Order. 16 MR. THOMAS: Judge, I got one more thing 17 since we're on the subject of masks. 18 COMMISSIONER BELEW: You're still here? 19 MR. THOMAS: Yeah, I know. And everybody 20 keeps talking about the effectiveness of the masks 21 versus COVID-19. And I've heard it compared to a 22 chain-link fence stopping mosquitos. But the DSHS 23 Region 8 update on Friday had this document in there and 24 the July 14th issue of the Center for Disease Control of 25 morbidity and mortality weekly report reiterates the 46 1 value of face coverings by highlighting the situation in 2 Missouri which happened with two hair stylists who 3 exposed 139 clients before learning of their diagnosis. 4 Both stylists and clients wore face masks and there were 5 no symptomatic secondary cases as a result of the 6 exposures. 7 Among 67 clients tested for SARS CoV-2, all 8 test results were negative. Adherence to the 9 community's and companies' face covering policy likely 10 mitigated the spread of the virus. Stylist A worked for 11 eight days with respiratory symptoms before receiving a 12 lab confirmed COVID-19 diagnosis. Stylist B developed 13 respiratory symptoms after both stylists interacted 14 unmasked between clients. 15 During all interactions with clients, 16 stylist A and B wore double-layered cotton face 17 coverings or surgical masks. Previous studies show that 18 both surgical masks and homemade cloth face coverings 19 can reduce the aerosolization, there's a word for you, 20 of virus into the air and onto surfaces, although no 21 studies have examined SARS COVID transmission directly. 22 Data from previous epidemics support the use of 23 universal face coverings as policy to reduce the spread. 24 JUDGE KELLY: And that's from the -- 25 MR. THOMAS: Centers for Disease Control. 47 1 This happened in Missouri. 2 JUDGE KELLY: And you received that from -- 3 MR. THOMAS: Department of State Health 4 Services, Region 8 update. I get it daily. 5 JUDGE KELLY: But that's the official 6 position? 7 MR. THOMAS: Yes, sir. 8 COMMISSIONER MOSER: But there's still 9 conflicting data in interpretation and in test -- 10 legitimate test results on -- 11 MR. THOMAS: Well, these are actually 12 COVID -- 13 COMMISSIONER MOSER: Let me finish. Okay. 14 On types of masks. And cloth masks, I think there's a 15 lot of studies that say they're not very effective. 16 Multi-layer they are. But I think the bottom line is 17 there's still scientifically conflicting statements on 18 masks. 19 MR. THOMAS: Well, I'll go back to my 20 statement. Anything's better than nothing. 21 COMMISSIONER HARRIS: Yeah. Somebody just 22 sent me a picture over the weekend of a couple people on 23 a motorcycle wearing masks and no helmet. So they're 24 doing their part. 25 COMMISSIONER MOSER: It's to keep the bugs 48 1 out of their mouth. 2 MR. THOMAS: Wasn't wearing a helmet but he 3 had a mask on. Yeah. 4 JUDGE KELLY: There you go. 5 COMMISSIONER MOSER: Well, it's different 6 dangers. 7 COMMISSIONER LETZ: A quick comment, if I 8 may, on masks. I think there's no question a mask helps 9 your odds. It's not just -- I mean, I think there's 10 some data. I think what's interesting, between Karen 11 and I, just as a headnote, by looking at everything, 12 it's most likely we got it at different sources. We 13 didn't get it at the same time, even though we came down 14 with symptoms relatively the same time. But the masks 15 are important. 16 And what's also -- I think you need to keep 17 up pressing the handwashing. Johns Hopkins just put out 18 a survey, I just saw it this morning, that says 19 handwashing is probably as important as masks. So and I 20 think overall in any method, and that's -- we need to 21 really continue to encourage mask wearing and 22 handwashing. 23 COMMISSIONER MOSER: Well, I -- I think one 24 of the things that -- I believe it's all the way back in 25 February, an emergency room doctor in New York City 49 1 said, I thought very clearly, he said I will not get 2 COVID-19. And he said the reason I won't, because I'm 3 not going to touch my face. So that's handwashing and 4 keeping your hands away from your face. But I thought 5 that was pretty profound of him to say, I will not get 6 it because, so. And I -- somebody should check with him 7 to date and see if he's got it. 8 MR. THOMAS: Make sure. 9 COMMISSIONER MOSER: Okay. Thanks, Dub. 10 MR. THOMAS: Y'all have a good day. 11 JUDGE KELLY: Let's quickly do item 1.2. 12 Does anybody want to make a motion to terminate the 13 Emergency Proclamation that I put in place back on 14 March 24th? If not -- I don't think we do, right? 15 Okay. So let's move on. 16 Finally, Julie. Sorry. 1.3 presentation of 17 the Texas Historical Commission's Distinguished Service 18 Award to the Kerr County Historical Commission. 19 MRS. LEONARD: Good morning. I'm going to 20 wear my mask when I leave here. Thank y'all for letting 21 me come before you one more time. We're really -- the 22 Historical Commission, we're honored again to receive 23 this award for the 12th consecutive year. There were 79 24 counties out of a hundred and -- I better put my glasses 25 on -- 85 that were approved. We have 60 members that 50 1 contribute in many ways to our success. One of them is 2 my Vice Chairman, Charlie McIlvane. 3 Our Commission was founded in 1972, and this 4 is our 45th year in existence. We're grateful to the 5 men and women that worked to create this organization. 6 And they left us a legacy to protect and preserve the 7 many photos, documents and collections that we have 8 today. I don't know if you know this, but we have -- 9 they're stored at The Archive at Schreiner University 10 and are available to the public. Plus what we have in 11 our downtown -- downstairs storage which is packed to 12 the hilt. 13 In our present atmosphere and our country, 14 it's even more important that we protect our purpose. 15 Protecting our history of Kerr County. These past few 16 months, as we know, have been really unusual. We've had 17 to cancel our meetings and our second year of our 18 successful Summer of History Camp, but we have not been 19 idle. Leroy Flexy(phonetic) and several others have 20 inspected and documented the condition of all 106 21 historical markers in the past few months, despite the 22 heat, mosquitos and chiggers. 23 Hunter De Sanger, Boy Scout Troop 111, has 24 used this information to refurbish markers to qualify 25 for his Eagle Scout designation. Jeanie Berger, she's 51 1 our marker chair, and she submitted application for 2 historical markers for the 100-year old Garret 3 Insurance, and Lee Mason & Son's Auto Sales, which is 4 the Voelkel Building. 5 The Kerr County Historical Commission 6 continues to work with the Kerr County Area Convention 7 and Visitors Center and we're creating an expanded map 8 of Historic Kerrville denoting buildings, homes and 9 neighborhoods that will be available to visitors and 10 local citizens. We hope to add east and west Kerr 11 County to this -- this project. 12 Also, Terry Farley, she's our cemetery 13 committee chair, she also holds the position of Vice 14 President of the Hill Country Archeological Association, 15 and she's a designated archeology steward for the Texas 16 Historical Commission. 17 She's working with the THC, their cemetery 18 preservation program, and John Benedict from the Kendall 19 County Historical Commission, to locate lost cemeteries 20 of Kerr County. So far they have obtained -- worked on 21 the Conn Cemetery, the Blanks Cemetery, the 22 Bishop-Surber Cemetery, Edmund/Langtoo(phonetic) 23 Cemetery. And they did measurements, the inscriptions, 24 epitaph and make photos and diagrams of all these 25 cemeteries. And they also have submitted a notice of 52 1 existence of -- to the County Deed Records and to the 2 Texas Historical Commission. 3 Even though the virus has kept us from our 4 official meetings, we continue to serve the county to 5 protect and preserve our historic and cultural resources 6 for the use, education, enjoyment and appreciation for 7 present and future generations. And we really thank you 8 for your support and hope that you will give us a little 9 bit more money next year. 10 I might suggest that use some of the funds 11 that we did not use this year instead of appropriating 12 more funds. I don't know if that would be an 13 appropriate way. But anyway, we cannot continue to 14 function because we're not a fundraising organization. 15 But anyway, I thank you for your support. 16 COMMISSIONER BELEW: Thank you, Julie, for 17 your -- 18 JUDGE KELLY: Here is your certificate. We 19 want to encourage you and we're very proud of what 20 you've done. 21 COMMISSIONER MOSER: Thank you, Julie. 22 MRS. LEONARD: Thank you. Thank you, guys. 23 JUDGE KELLY: Next item on the agenda is 1.4 24 consider, discuss and take appropriate action to 25 re-assign Global-Spectra employees, following the Texas 53 1 Governor's declaration of a State of Disaster for all 2 254 Counties in the State of Texas on March 13th, as 3 subsequently renewed or amended by the Local State of 4 Disaster Due to a Public Health and Economic Emergency 5 Proclamation that was signed by me on March the 24th and 6 extended until terminated by order of the Kerr County 7 Commissioners' Court on March 30, 2020. 8 What this is -- and we had a conversation 9 with Jake. And as you know, we voted last week to keep 10 the Youth Event Center open, even though there's certain 11 risks associated with that. But there's a tremendous 12 drop off in the availability and use of the AG barn, the 13 Youth Event Center. And he has offered for he, himself, 14 and his employees to be available to us to be reassigned 15 and to work on COVID-related matters such as cleaning -- 16 deep cleaning things here at the courthouse, etc. Is 17 that -- am I getting this right, Miss Shelton? 18 MS. SHELTON: I have not heard this. 19 JUDGE KELLY: Okay. Who was -- who -- 20 MRS. STEBBINS: I was there. 21 JUDGE KELLY: Okay. I was trying to 22 remember who was at the meeting? The Sheriff was there. 23 You were there? 24 MRS. STEBBINS: Yes, sir. I was there. 25 JUDGE KELLY: And so, to do that it's going 54 1 to need Commissioners' Court approval. This would be on 2 a part-time basis. They're on salary with Spectrum 3 anyway, but they don't have enough to do there so 4 they're offering their services to be available to help 5 us with County responsibilities. 6 COMMISSIONER BELEW: Do they need any kind 7 of certification to do what you're talking about? 8 JUDGE KELLY: Cleaning? 9 COMMISSIONER BELEW: Uh-huh. 10 JUDGE KELLY: I don't think so. Whatever's 11 required we'd ask them to do. 12 COMMISSIONER MOSER: So there's no 13 additional cost to the County? 14 JUDGE KELLY: No. This is just -- this is 15 just reassigning personnel to put them to work where 16 they're needed. 17 COMMISSIONER HARRIS: Jonathan, have you 18 talked to Jake and -- on this? 19 COMMISSIONER LETZ: I've talked to Jake and 20 he didn't -- he didn't think this was going to be 21 discussed, is what he told me last night. And I think 22 we need to look at our contract. I don't have a problem 23 with him doing it. I'm sure Jake would be agreeable to. 24 But I don't see where -- I don't think this is in the 25 contract so it will take a contract amendment, I think, 55 1 from Spectrum to allow them to reassign their employees, 2 because they're not our employees. 3 JUDGE KELLY: Well, he's the one that 4 brought it up. 5 COMMISSIONER MOSER: So it's more like a -- 6 COMMISSIONER LETZ: I'm sure he's -- I mean, 7 but I just think we need to make sure that contractually 8 we can do it. 9 JUDGE KELLY: Oh, absolutely. But, this is 10 just to get this on the radar screen that -- that -- I 11 really applaud what they're doing. 12 COMMISSIONER MOSER: So is a -- is a better 13 term that they're volunteering to do this? 14 COMMISSIONER HARRIS: I think it is. 15 COMMISSIONER MOSER: As opposed to 16 reassigning? See, if they're volunteering that's a 17 different thing than reassigning, I don't know what that 18 means. 19 MRS. STEBBINS: This conversation started 20 when we had the discussion with the Judge and Rusty 21 about the large events that were scheduled to come out 22 to the Hill Country Youth Event Center. And so this was 23 put on the agenda in the event that the Court decided to 24 close the event center. 25 And so I think that Jake offered it up in 56 1 order to make sure that he could keep his staff, that 2 they had something to do in the event that it closed or 3 that events were reduced by so much that they couldn't 4 -- stay busy enough out there. He said that they're 5 doing great things out there to make sure that the 6 events are happening and that it's clean and -- when 7 they do happen and after. So I think this is a just in 8 case and it provides y'all an opportunity. 9 COMMISSIONER MOSER: I still look at it as a 10 volunteer. I don't understand -- 11 COMMISSIONER HARRIS: Yeah. Exactly. 12 COMMISSIONER MOSER: -- reassigning. 13 JUDGE KELLY: We sure have to parse the 14 words to get to that. But this is something that would 15 be part of the COVID grant, and if we paid them to do 16 COVID cleanup work here at the courthouse. 17 COMMISSIONER BELEW: If we pay them. 18 JUDGE KELLY: If we pay them. 19 COMMISSIONER BELEW: Okay. So that's a -- 20 right. Well -- 21 COMMISSIONER MOSER: Then I'd want to know 22 what the effectiveness of cleaning up here, because 23 the -- 24 COMMISSIONER BELEW: Right. 25 COMMISSIONER MOSER: -- medical community 57 1 says you leave the virus laying overnight on the surface 2 and it's dead. So what -- what's it -- what's it doing? 3 COMMISSIONER BELEW: Right. If they need 4 something to do, they can go around the Cam(phonetic) 5 and help out -- 6 COMMISSIONER MOSER: There you go. 7 COMMISSIONER BELEW: -- you know, if they're 8 just getting antsy. 9 COMMISSIONER HARRIS: You know, my position 10 on this is, if we're going to do something, I think Jake 11 needs to be in here. Maybe we pass on it or reword it 12 or -- 13 JUDGE KELLY: Well, to put -- to put this in 14 context, the conversation with Jake and the County 15 Attorney and the County Sheriff and myself, was with 16 regard to what was going on with the Youth Event Center. 17 And the agenda for last week, the 13th, and this week, 18 the 20th, had to be prepared and posted well in advance. 19 And our Court Coordinator was going on vacation and I 20 instructed her to get the agendas prepared, and she did, 21 and she got them posted and she was here late before she 22 went on her vacation doing it all. But this was when we 23 were anticipating the closure -- 24 COMMISSIONER MOSER: Okay. 25 JUDGE KELLY: -- of the Youth Event Center 58 1 and what we were going to do with the personnel. 2 COMMISSIONER BELEW: So we don't need to 3 take any action then. 4 JUDGE KELLY: Right. 5 COMMISSIONER LETZ: I actually agree with 6 Commissioner Harris that we just pass on this until next 7 week and then look at the contract a little bit and also 8 reimbursements, and I think we need to hear from Jake as 9 well. 10 JUDGE KELLY: Okay. 11 COMMISSIONER BELEW: If these guys are paid 12 employees and they're contracted with Spectrum, I don't 13 see how we get involved in that at all, the extra things 14 for them to do. I don't think it's a good idea. 15 COMMISSIONER MOSER: All right. 16 COMMISSIONER BELEW: They're full-time 17 employees. And that -- that would -- that contract -- 18 COMMISSIONER HARRIS: Opens up a can of 19 worms. 20 COMMISSIONER BELEW: Yeah. The contract is 21 to do a specific thing. 22 JUDGE KELLY: Okay. Then let's move on to 23 item 1.5 Consider, discuss and take appropriate action 24 on rescheduling the salary survey. Ms. Doss. 25 MRS. DOSS: Good morning. I provide -- or 59 1 Sam Hines from Public Sector provided a memorandum 2 update of what the changes that might occur if we were 3 to proceed with the comp study. I don't know if you've 4 had a chance to review this, so I will highlight the big 5 points. 6 COMMISSIONER MOSER: Why don't you take off 7 your mask. I'm having a hard time understanding you. 8 MS. DOSS: Okay. So I'll just -- I'll try 9 to summarize his memorandum. So in lieu of on-site 10 visit, they're recommending launching the study via 11 e-mail communication that will contain a custom video 12 link to an online position analysis questionnaire. The 13 video will explain what that's all about. And for those 14 employees that don't have a computer, they will be given 15 a paper copy. And the employees will have about two 16 weeks to complete this. They're thinking about starting 17 mid August. 18 So the employees will have two weeks the 19 latter part of August, and then the supervisors will 20 have an additional week for their component. And then, 21 so three weeks from mid August, or whenever we decide to 22 start, that's when Public Sector will receive, and 23 they'll start beginning the process of job 24 classifications. 25 They do recommend waiting until October the 60 1 1st. That this is when many agencies will be updating 2 their pay plans for this new fiscal year, so we want the 3 most up-to-date and current relative for comparables. 4 So this is just for your consideration to get this 5 started. 6 And I know, Commissioner Moser, you sent me 7 an e-mail about if this could be ready for this fiscal 8 year. I visited with the Auditor and we -- we didn't 9 think that's what the goal is intended. Because, you 10 know, I don't think -- I don't know if we can afford to 11 make those changes. But we will have them in plenty of 12 time for next fiscal year. 13 And I'm not sure, depending on how many 14 changes are needed that -- that y'all will agree to do 15 -- make all of them at once. It will be up to you all 16 to decide what we could handle in the next year or two. 17 COMMISSIONER MOSER: Well, was the schedule 18 originally to be -- 19 MS. DOSS: Yes. 20 COMMISSIONER MOSER: -- consistent with this 21 budget and then -- 22 MS. DOSS: That would be -- 23 COMMISSIONER MOSER: -- COVID-19 -- 24 MS. DOSS: Correct. 25 COMMISSIONER MOSER: -- hit? So what we'd 61 1 be doing pushing it off for a whole -- another year? 2 MS. DOSS: Correct. 3 COMMISSIONER MOSER: Okay. My -- my 4 question is, they're going to meet with individuals 5 one-on-one. Okay. Right? 6 MS. DOSS: What time -- no. 7 COMMISSIONER BELEW: No, not according -- 8 MS. DOSS: No. They're going to -- 9 COMMISSIONER BELEW: -- to this. 10 JUDGE KELLY: They were. But not now. 11 COMMISSIONER MOSER: No. They were. 12 MS. DOSS: They were. Right. 13 COMMISSIONER MOSER: Yeah. They were. So 14 why can't they still do that and -- 15 COMMISSIONER BELEW: Yeah. 16 MS. DOSS: Well, they're -- they're -- 17 COMMISSIONER MOSER: Why can't they still 18 meet one-on-one, just like they originally planned to? 19 Don't have to shutdown the world. 20 MS. DOSS: Right. Well, I mean, they're not 21 traveling. And they informed me that when they do 22 meet -- 23 COMMISSIONER MOSER: Okay. So that -- 24 that's the answer. They're not -- 25 MS. DOSS: Yeah. 62 1 COMMISSIONER MOSER: So they can't. 2 MS. DOSS: They're trying to -- they're 3 trying to keep in touch. So they will -- 4 COMMISSIONER MOSER: Okay. 5 MS. DOSS: -- conduct -- 6 COMMISSIONER MOSER: You answered -- you 7 answered my question. They can't because they can't be 8 here. 9 MS. DOSS: Right. 10 COMMISSIONER HARRIS: And the price will be 11 the same, I assume. 12 COMMISSIONER MOSER: That's pretty simple. 13 MS. DOSS: Excuse me? 14 COMMISSIONER HARRIS: The price would be the 15 same? 16 MS. DOSS: Yes, sir. Yes, sir. And Sam 17 Hines is available, via cell phone, because he can 18 answer any of those specific questions. He's waiting -- 19 COMMISSIONER MOSER: Okay. Well, I -- I 20 just didn't understand that. They're not going to meet 21 face-to-face because they're not going to travel, 22 period. So that -- 23 MS. DOSS: Well, I don't -- I don' know if 24 that's carved in stone. But, I mean, in the way 25 everything is I think they're trying to -- to limit 63 1 their travel. 2 COMMISSIONER MOSER: Well, travel is one 3 thing. Meeting one on one is a different thing. 4 MS. DOSS: Right. 5 COMMISSIONER MOSER: That can be done. 6 MS. DOSS: Right. Sam can speak to that if 7 you want to call him. I don't -- you know, I don't want 8 to speak for him. 9 COMMISSIONER HARRIS: Yeah. 10 COMMISSIONER MOSER: So in his long -- 11 MS. DOSS: I don't know what their policy 12 is -- 13 COMMISSIONER MOSER: -- in his long letter 14 he didn't say anything about travel. He didn't say 15 anything about they don't want to be here. 16 COMMISSIONER BELEW: Right. 17 MS. DOSS: Right. 18 COMMISSIONER MOSER: They just said about 19 all this fancy stuff they have, that they can do it 20 without being face to face. 21 MS. DOSS: Right. 22 COMMISSIONER MOSER: Well, I don't buy that 23 they can't do it face to face, okay, if they can be 24 here, because they can still be safe. They can 25 travel -- 64 1 COMMISSIONER HARRIS: We went through all 2 this discussion in approving all this with the 3 assumption that, you know, we're going to -- 4 understanding they were going to meet with everybody. 5 I'm not real wild about eliminating that -- 6 MS. DOSS: And they can still meet -- 7 COMMISSIONER HARRIS: -- one on one contact. 8 MS. DOSS: -- with everyone via Zoom. We 9 could get departments together and -- 10 COMMISSIONER MOSER: But they can't do it 11 by -- my issue is we're putting it off for a whole other 12 year. 13 COMMISSIONER HARRIS: Yeah. 14 COMMISSIONER MOSER: Okay. That's -- and 15 now we just now hear about it on July 13th. 16 MS. DOSS: Well, it's -- 17 JUDGE KELLY: Oh no. No. We've heard about 18 it -- we've -- we discussed this a couple months ago. 19 COMMISSIONER HARRIS: I don't remember it. 20 COMMISSIONER MOSER: You mean about them not 21 coming in? 22 JUDGE KELLY: Well, postponing it -- 23 MS. DOSS: Right. 24 COMMISSIONER HARRIS: Well, postponing it 25 but not -- 65 1 JUDGE KELLY: -- for the next fiscal year. 2 COMMISSIONER MOSER: Okay. My -- my 3 misunderstanding then. 4 MRS. DOSS: Well, and if we were to start 5 mid August -- 6 JUDGE KELLY: This -- this is -- and just to 7 clarify -- put this in context, we -- we put off the 8 salary schedule knowing -- until the next fiscal year a 9 couple months ago -- 10 COMMISSIONER MOSER: Okay. 11 JUDGE KELLY: -- two or three months. I'm 12 losing track of time with this stuff but -- 13 COMMISSIONER HARRIS: Right. 14 JUDGE KELLY: -- but we did. What she's 15 bringing to us today is their immediate recommendation. 16 COMMISSIONER MOSER: Okay. 17 JUDGE KELLY: This -- this would be the 18 alternative that they could do it remotely. 19 COMMISSIONER MOSER: Okay. 20 MS. DOSS: Correct. 21 COMMISSIONER MOSER: Okay. I just didn't 22 realize we had pushed it off for a year. 23 COMMISSIONER BELEW: But by next year you're 24 not talking about this upcoming budget, you're talking 25 about the budget for '21-'22? 66 1 JUDGE KELLY: FY '21-'22. 2 MS. DOSS: '21-'22. 3 COMMISSIONER BELEW: '21-'22, yeah. 4 JUDGE KELLY: We decided that we -- we 5 couldn't squeeze it -- squeeze it in. It would be too 6 hard to -- 7 COMMISSIONER BELEW: I think it's better not 8 to do it this year anyway. 9 JUDGE KELLY: Yeah. And that's what we 10 decided. 11 COMMISSIONER BELEW: Right. 12 JUDGE KELLY: All that he's doing is saying 13 we're ready to get started. It would take effect next 14 year, but they're ready to get it started, they just 15 want to do it remotely. 16 COMMISSIONER MOSER: Okay. 17 JUDGE KELLY: Which we need to consider. 18 COMMISSIONER MOSER: Yeah. 19 MS. DOSS: And this memorandum does say that 20 the -- or they're hoping to be completed by late 21 November, depending on the availability of survey data. 22 So it's late this year. 23 COMMISSIONER HARRIS: Well, it -- it was 24 between them and another outfit that we listened to. 25 JUDGE KELLY: Right. 67 1 COMMISSIONER HARRIS: And I would tell you 2 that I would probably go with the other outfit if they 3 could come visit one-on-one with the people. 4 JUDGE KELLY: They were from North Carolina, 5 weren't they? 6 COMMISSIONER HARRIS: I know but -- you 7 know -- 8 COMMISSIONER MOSER: Well -- 9 COMMISSIONER HARRIS: We need that -- 10 MS. DOSS: We have a contract with them, so 11 we can't -- 12 COMMISSIONER MOSER: Yeah. Right. 13 MS. DOSS: And I -- 14 COMMISSIONER BELEW: Well, but this has 15 changed things. 16 MS. DOSS: And I don't want to speak for 17 them, that's why I wish we could get Sam on the phone. 18 Because if we really, really want them to travel and 19 there's a chance that they will, this is more for our 20 safety. You know, they're -- and both of our safety. 21 So, I mean, I think that this is -- you know, if this is 22 what we want -- 23 JUDGE KELLY: Well, I think -- I think that 24 the consensus that I'm hearing from this Court is we're 25 very -- we're very interested in getting a salary study 68 1 done. We think that's important for the employees. But 2 at the same time, the -- the effectiveness of the salary 3 survey or study that we do would be much better in 4 person rather than remote. And I think that -- I think 5 I've heard that consistently from each one of you. 6 And if that's the case, maybe what we do is 7 report back to them following today's Commissioners' 8 Court meeting that that's kind of where we are. And so 9 we appreciate the proposal that they've made, but we're 10 not ready to sign off on that unless we just absolutely 11 have to. And we're still more optimistic about the fall 12 than perhaps they are. 13 MS. DOSS: Okay. Would you like to call 14 them and ask them questions now? 15 COMMISSIONER MOSER: I don't think there's a 16 question; just a comment. 17 JUDGE KELLY: Right. 18 COMMISSIONER BELEW: Yeah, just let them 19 know and then -- 20 MS. DOSS: Okay. 21 COMMISSIONER BELEW: -- see where it goes 22 from there. 23 COMMISSIONER LETZ: It seems to me that if 24 we just draft a response -- a written response to them 25 and send it to them and, you know, give them our 69 1 criteria. I mean, it's simple but it makes sense about 2 having some of it done by video, but I also hear what 3 most of the court's saying that we need to have the -- 4 part of this has to be in person. And I think that we 5 need to reiterate that to them. And if they're not 6 willing to accommodate it, we put it out for bid, and I 7 think we have time to do that. 8 COMMISSIONER BELEW: Right. 9 JUDGE KELLY: And I think -- I think we've 10 got another week or two to be able to talk to these 11 people, try to get this mostly worked out if that's what 12 we decide to do. 13 MS. DOSS: And they have done everything 14 possible to be accommodating for whatever we need, 15 whenever we need it. They're -- they're like five 16 minutes from answering my e-mails and calls. So I -- I 17 think that they will go overboard to work with us. 18 JUDGE KELLY: And -- and this input from the 19 Court is by no means criticism of any kind whatsoever. 20 We appreciate what they're wanting to do, we just think 21 that it would be a better survey for us if we did it in 22 person. 23 MS. DOSS: Okay. I will definitely relay 24 that. 25 COMMISSIONER MOSER: Okay. 70 1 JUDGE KELLY: Okay. 2 MS. DOSS: Thank you. 3 JUDGE KELLY: Item 1.6 on the agenda, I'm 4 trying to hurry us through here, is to consider, discuss 5 and take appropriate action on the use of Tax 6 Anticipation Note for the purchase of real property. 7 Commissioner Letz. 8 COMMISSIONER LETZ: This is on the agenda 9 based on the Executive Session we had two weeks ago, and 10 just figuring out how to use the Tax Participation Note, 11 we need to explain to the public what we're doing. And 12 that's why it's on this -- I told the Judge to put it on 13 the agenda so it could be discussed. Obviously I think 14 it's difficult for us for me to continue to lead on this 15 when I'm not present. 16 And I think the Judge can certainly go 17 through, you know, the process of the Tax Anticipation 18 Note, or we can defer this for another week when I get 19 back. 20 JUDGE KELLY: I think it's probably better 21 to defer it. The CIP is working feverishly to try to 22 get their recommendations to this Court together and 23 they're meeting weekly now instead of bi-weekly. And I 24 think it would be better to discuss when they come in 25 with their whole analysis of where they think we are 71 1 with this. So -- 2 COMMISSIONER LETZ: That's fine. 3 JUDGE KELLY: -- so we'll pass that. 4 Let's go on to the approval agenda. We need 5 to pay the bills. Miss Shelton. 6 MS. SHELTON: Invoices for today's 7 consideration include Kerr County, $513,197.99. The 8 airport, $12,969.91. Adult Probation, $11,488.27. 9 Juvenile Probation, $18,953.08. County Clerk fees, 10 $124.00. And the 198th DA Forfeiture, $209.53. 11 COMMISSIONER MOSER: Move we pay the bills 12 as presented by the Auditor. 13 COMMISSIONER HARRIS: Second. 14 JUDGE KELLY: Motion's been made by 15 Commissioner Moser, seconded by Commissioner Harris to 16 pay the bills as presented. Is there any other 17 discussion? There being none, those in favor raise your 18 hand. Unanimous. Jonathan, did you raise your hand? 19 COMMISSIONER LETZ: Yes. 20 JUDGE KELLY: Five zero. 21 COMMISSIONER LETZ: I'm in favor of all of 22 them. 23 JUDGE KELLY: Okay. Budget amendments. 24 MR. ROBLES: We have two today. Both line 25 item transfers in their own departments. One for County 72 1 Engineer and one for Records Management for archival, 2 records archival. 3 JUDGE KELLY: And this is all routine at the 4 end of the budget cycle like we are, right? 5 MR. ROBLES: Yes, sir. 6 JUDGE KELLY: Okay. 7 COMMISSIONER BELEW: I move for approval. 8 JUDGE KELLY: Motion's -- go ahead. 9 COMMISSIONER MOSER: Second. 10 JUDGE KELLY: Motion's been made by 11 Commissioner Belew, seconded by Commissioner Moser to 12 approve the budget amendments as presented. Any other 13 discussion? Those in favor say aye or raise your hand. 14 COMMISSIONER LETZ: Aye. 15 COMMISSIONER HARRIS: There you go. 16 JUDGE KELLY: All right. Late bills. 17 MS. SHELTON: We have for late bills on the 18 District Clerk fees, $27,522.68. 19 COMMISSIONER BELEW: And what is Fund 45 20 again? 21 MS. SHELTON: It is the District Clerk fees. 22 So when she brings money in they go there, and then 23 when it -- 24 COMMISSIONER BELEW: In that fund? 25 MS. SHELTON: Yes. 73 1 COMMISSIONER BELEW: Okay. Move for 2 approval. 3 COMMISSIONER HARRIS: Second. 4 JUDGE KELLY: Motion's been made by 5 Commissioner Belew, seconded by Commissioner Harris to 6 approve paying the late bills as presented. Any 7 discussion? Those in favor raise your hand or say aye? 8 COMMISSIONER LETZ: Aye. 9 JUDGE KELLY: Unanimous, five zero. Auditor 10 reports. 11 MS. SHELTON: You have in front of you the 12 graph for the June revenues and expenditures. We have 13 collected in the general fund about 91 percent of our 14 revenues at this time. For fire protection, we're at 15 about 97 percent of our revenues. Road & Bridge, we're 16 at 71 percent. Keep in mind that I've got 71 percent, 17 700,000 comes from General Fund and so we have not paid 18 that out at this time. 19 Indigent Services, we collected everything 20 we thought we would. I think we got a higher repayment 21 on some of those this last year. The Tobacco 22 Settlement, that's the one we put in there. And then on 23 Debt Service, we're at about 88 percent. 24 On sales taxes for the month of June, we 25 collected about 389,000 and we already know for the 74 1 month of July we're going to be collecting $410,633.05, 2 which is still higher than what we anticipated. 3 COMMISSIONER MOSER: Fantastic. Good. 4 MS. SHELTON: On expenditures for the 5 General Fund, we've expended about 63 percent of our 6 budgeted expense expenditures. And then on Fire 7 Protection, we've spent about 82 percent. Road & 8 Bridge, 59 percent. Indigent services, about 44 9 percent. And Debt Service, about 84 percent. 10 COMMISSIONER MOSER: That's pretty 11 impressive on sales tax about $50,000.00 more per month 12 than the previous year. 410 versus 350 ballpark. 13 JUDGE KELLY: Well, I think we try to 14 discuss -- I think some of that is that people are 15 buying a home. 16 COMMISSIONER HARRIS: Yeah. Exactly. 17 JUDGE KELLY: And the people in the rural 18 areas outside from us are coming in here to buy. 19 COMMISSIONER MOSER: And that's good. 20 JUDGE KELLY: Which is good. Okay. Good 21 report. 22 2.5 monthly reports. 23 COMMISSIONER HARRIS: None. 24 JUDGE KELLY: Okay. 2.6 court orders. 25 COMMISSIONER HARRIS: I got them. I got 75 1 court orders 38166 through 38177, and they all look 2 good. I move for approval. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: Okay. Motion's been made by 5 Commissioner Harris, seconded by Commissioner Belew to 6 approve the court orders as presented. Any other 7 discussion? 8 (Off the record with the County Clerk). 9 MRS. DOWDY: So the motion again was for 10 38 -- 11 JUDGE KELLY: 166 through 177. 12 MRS. DOWDY: Okay. Thank you. 13 JUDGE KELLY: Okay. Information agenda. 14 MRS. DOWDY: We need a vote. 15 JUDGE KELLY: Okay, a vote. Okay. Those in 16 favor raise your hand or say aye. Unanimous -- 17 COMMISSIONER LETZ: Aye. 18 JUDGE KELLY: -- five zero. Any status 19 reports from Department Heads? 20 MR. EVANS: Yes, sir. Good morning, 21 gentlemen. Yes, sir. Concerning the sprayers that we 22 talked about last week. You had asked about a number of 23 which we would need. I think we would need two handheld 24 sprayers and at least two backpack sprayers. 25 Now, the Event Center, the fellas out there 76 1 was also wondering would they be covered under the 2 Kerrville grant money as well for them to approach us 3 on? 4 COMMISSIONER HARRIS: I'm getting a "yes" 5 nod from the Auditor. 6 MS. SHELTON: If they're using it for the 7 county building, my understanding is that we can take 8 that as a valid COVID expense for the grant. 9 COMMISSIONER BELEW: So is that more then? 10 Another one for out there or two, or just altogether? 11 MR. EVANS: That -- that was -- I included 12 that one also, so it would be a total of four. It's 13 four units would be necessary. 14 COMMISSIONER HARRIS: Two handheld and two 15 backpacks, right? 16 MR. EVANS: Right. 17 COMMISSIONER HARRIS: And what about the 18 supplies? 19 MR. EVANS: Okay. Given the amount of -- 20 that might be needed at the AG barn, there's two 21 different volume amounts that can be purchased. One is 22 the 55-gallon drum, that's $1,590.00. Also, there's a 23 15-gallon that you can purchase for $495.00. A little 24 of that will go a long ways. So, you know, just maybe 25 cut cost a little bit maybe purchase a 15-gallon for the 77 1 Event Center and see how far that goes and if we need 2 more, get more. And for the courthouse, maybe a 3 5-gallon of that. 4 COMMISSIONER BELEW: And that is just a fine 5 mist, right? 6 MR. EVANS: It's a very, very fine mist. 7 Also, it could be used to do a heavier application, if 8 necessary. I also, when reading the -- the reports on 9 it, this stuff is also -- can be used quite a lot at the 10 animal shelter because it's also capable of killing 11 COVID -- I mean not COVID, but parvo and some other 12 illnesses that the animals can receive as well. 13 JUDGE KELLY: Well, the -- what's cost 14 effectiveness is buying in bulk. Why don't we just go 15 ahead and buy two 55-gallons? We're going to -- this is 16 not going away. 17 COMMISSIONER MOSER: How do you -- 18 JUDGE KELLY: Parvo isn't going away. We're 19 going to need disinfectant. 20 COMMISSIONER MOSER: How do you move a 21 55-gallon container though? 22 COMMISSIONER HARRIS: You don't. You fill 23 smaller ones at maintenance or wherever it's stored. 24 COMMISSIONER BELEW: Just a pump thing. 25 COMMISSIONER MOSER: I understand that. But 78 1 is the applicator from a roll around 55-gallon thing, or 2 is it from a 15-gallon or whatever? 3 MR. EVANS: You can get a -- I'm not -- 4 COMMISSIONER MOSER: What are you proposing? 5 What's the 55 gallon, is that -- 6 MR. EVANS: I would -- I would have that at 7 the Event Center. 8 COMMISSIONER MOSER: But is that -- I'm not 9 asking my question very clearly. Is the applicator a 10 55-gallon drum, or is that the storage thing that you 11 can fill smaller containers with? 12 MR. EVANS: You -- you could do that. 13 JUDGE KELLY: No. Let me answer the 14 question. I -- I think I know. 15 COMMISSIONER MOSER: Okay. 16 JUDGE KELLY: The backpacks. And that's 17 going to hold probably five gallons. 18 COMMISSIONER MOSER: And I -- I agree with 19 the backpacks. 20 JUDGE KELLY: And so you're going to have to 21 -- you're going to have to pump the five gallons into 22 the backpacks. 23 MR. EVANS: Yeah. 24 COMMISSIONER MOSER: Okay. Good. 25 JUDGE KELLY: Right? 79 1 MR. EVANS: Yes. 2 JUDGE KELLY: Same thing for the small 3 handheld sprayers. 4 MR. EVANS: Yeah. And they do make the -- a 5 pump for the 55-gallon drums so you don't have to -- 6 COMMISSIONER MOSER: But this 55-gallon drum 7 is just the quantity you buy. 8 COMMISSIONER BELEW: Storage. 9 COMMISSIONER MOSER: Okay. You answered it. 10 JUDGE KELLY: All good. 11 COMMISSIONER MOSER: I thought maybe it was 12 some roll-around -- 13 JUDGE KELLY: Sounds like a good plan, 14 Shane. 15 MR. EVANS: Thank you. 16 JUDGE KELLY: Okay. Any other Department 17 Heads have any reports? 18 Elected Officials, reports? I'm looking at 19 the only one in the room. Okay. 20 Liaison Commissioners, any reports. 21 COMMISSIONER MOSER: I've got something but 22 I want to put it in Executive Session. 23 JUDGE KELLY: Okay. Then let's take a -- 24 we'll take a break. We're going to need a little time 25 to set up Executive Session, and come back at 10:30. 80 1 COMMISSIONER MOSER: Won't take but just a 2 couple minutes if we want to -- 3 JUDGE KELLY: Well -- 4 COMMISSIONER MOSER: Yeah. Take a break. 5 (Recess). 6 (Executive Session.) 7 JUDGE KELLY: Okay. It is 10:33 and we are 8 now out of Executive Session. And there being no other 9 business before the Court, we are adjourned. 10 * * * * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 81 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 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Special Commissioners' Court. 9 Dated this the 5th day of August, A.D. 2020. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiation Date 04/31/2021 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25