1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, August 10, 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 (Via Zoom) 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 *** Commissioners' Comments. 4 4 1.1 Consider, discuss and take appropriate 5 action regarding update, facility use and 5 other matters related to COVID-19. 6 1.2 Consider, discuss and take appropriate 12 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 Consider, discuss and take appropriate 12 11 action to accept the resignation of Keith Miller from the Kerrville-Kerr County Joint 12 Airport Board and appoint Walter Scott Schellhase as his replacement. 13 1.4 Consider, discuss and take appropriate 15 14 action on request from the Kerr County Patriots Club to use courthouse grounds 15 on September 12th, 2020 for a Patriotic Celebration. 16 1.5 Consider, discuss and take appropriate 19 17 action to accept recent donations of multiple items from Kerrville Pets Alive. 18 1.6 Consider, discuss and take appropriate 20 19 action to approve and adopt the revised Kerr County budget calendar -- Fiscal Year 20 2020 through 2021. 21 1.7 Consider, discuss and take appropriate 21 action regarding the County Transportation 22 Infrastructure Grant Agreement and Resolution approval. 23 1.8 Consider, discuss and take appropriate 23 24 action on Implementation of the Burn Ban. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 23 action regarding the 2021 Kerr Central 4 Appraisal District (KCAD) Budget. 5 1.10 Consider, discuss and take appropriate 24 action on the use of office space at 6 Kerr County Juvenile Detention Center by Christian Men's Job Corp. 7 2.5 Accept Monthly Reports. 39 8 2.6 Court Orders. 40 9 2.1 Pay the Bills. 40 10 2.2 Budget Amendments. 41 11 3.1 Status reports from Department Heads. 42 12 3.2 Status reports from Elected Officials. 47 13 1.11 Consider, discuss and take appropriate 50 14 action for the Court to approve an amending plat for Marymeade Subdivision Section One, 15 Lots 26R and 29R, Plat File No. 20-00740. 16 1.12 Consider, discuss and take appropriate 52 action for the Court to set a public 17 hearing for 10:00 a.m. on September 14th, 2020 for a Revision of Plat for Kerrville 18 South II, Tract 119, Volume 4, Page 64. 19 1.13 Consider, discuss and take appropriate 54 action for the Court to approve a revision 20 of plat for Spicer Ranch, Lots 25 and 31, Volume 3, Page 56. 21 1.14 Consider, discuss and take appropriate 55 22 action for the Court to approve a Concept Plan for Center Point Christian Church 23 Addition in Center Point. 24 *** Adjournment. 69 25 *** Reporter's Certificate. 70 4 1 COMMISSIONER LETZ: All right. Good 2 morning, everybody. It is Monday, August the 10th, 3 9:00 a.m. Let me call the Commissioners' Court to 4 order. A little bit different today, the Judge is 5 participating remotely by Zoom, so he will be here and 6 participate, but we thought it would be easier, or he 7 figured it would be easier if I presided over the 8 meeting. So we will handle it that way today. 9 Everybody please stand for the prayer and 10 pledge. 11 (Prayer and Pledge of Allegiance.) 12 COMMISSIONER LETZ: All right. We will 13 start our meeting like we always do with our public 14 input. If anybody has an item that they would like to 15 discuss that is not on our agenda, we invite y'all -- 16 anyone to come up to the podium. 17 I do not see anyone so we'll go on to our 18 Commissioners Comments. Commissioner Belew. 19 COMMISSIONER BELEW: I -- I don't have 20 anything to report. I had a very pleasant weekend. And 21 I saw a lot of grandkids, and I could probably use a nap 22 at some point in the middle of this meeting. 23 COMMISSIONER LETZ: No rain this time? 24 COMMISSIONER BELEW: No rain to report, no. 25 COMMISSIONER MOSER: Nothing. 5 1 COMMISSIONER HARRIS: No, I don't have much 2 either. It's just hot and dry. I'll echo what you had. 3 But I do want to say that it was a tragic loss of Bob 4 Dittmar. He's been a friend to all of us, a great 5 community leader. He's been involved in so many things, 6 with the youth and everything else in the County. So 7 our hearts go out to the family. 8 COMMISSIONER LETZ: I agree. Judge, do you 9 have any comments? 10 (Inaudible.) 11 COMMISSIONER LETZ: Okay. We'll go on to 12 the Consideration Agenda Item 1.1 consider, discuss and 13 take appropriate action regarding update, facility use 14 and other matters related to COVID-19. Dub. 15 MR. THOMAS: Good morning, Judge. Good 16 morning, Commissioners. I'll kind of update you on our 17 numbers for last week. Last week was actually a pretty 18 good week for us. It was really slow. We only added 16 19 new cases to the totals for last week where we had been 20 adding 10 or 20 a day. Now we're just down to 16 for 21 the one week. 22 Our total tested by PRMC, Peterson Regional, 23 for the week was nearing 4,000, 3999. Texas Military 24 Forces testing is 812, nursing homes 675, Curative, 25 Incorporated is 835, that includes 289 tests that were 6 1 conducted last Wednesday at the Youth Event Center. 2 Total testing for Kerr County so far is 6,321 and we've 3 had 395 positives. Hospitalized were three. That's 4 down from five or six to seven last week. So it's been 5 steadily going down. Active recovered. Active cases 6 are 47, total recovered 366, and our fatalities stayed 7 at six. 8 Everything else is pretty much the same. 9 The age data, the transmission method. Of course, we 10 all know the transmission method now is going to be 11 community spread. It's not like we're going to see a 12 bunch of -- anything different other than community 13 spread, household contact, close contact, those types of 14 things. 15 Age data is starting to change a little bit. 16 I'm starting to see -- we're still in that 20 to 60 age 17 group where most of our cases are coming from, but I'm 18 starting to see the older age group starting to creep 19 up. The 75 to 79 and 80 plus, excuse me, is starting to 20 creep up just a little bit. 21 Other than that, I don't have anything else. 22 I don't know what our testing numbers look like over the 23 weekend for Peterson, but hopefully we'll find out 24 something today. And I'm expecting to get the results 25 from the 289 tests that were done last week sometime 7 1 this week as well. I know most of the individuals who 2 were tested have already been notified as -- as of 3 Friday, Friday afternoon, I believe. So -- other than 4 that I think we're doing pretty well. 5 COMMISSIONER MOSER: Dub, what type of 6 testing is being done now with their turnaround? 7 MR. THOMAS: They're doing the cheek swab. 8 So -- 9 COMMISSIONER MOSER: So what's the 10 turnaround time? 11 MR. THOMAS: About 48 hours. 12 COMMISSIONER MOSER: Is that right? 13 MR. THOMAS: Yes, sir. 14 COMMISSIONER MOSER: 48. 15 MR. THOMAS: So we were testing on Wednesday 16 and I know some people got their results as early as 17 Friday morning. 18 COMMISSIONER MOSER: Okay. So we don't -- 19 we're not down to the getting results in an hour or two? 20 MR. THOMAS: No. 21 COMMISSIONER MOSER: But Franklin Clinic is, 22 I think, right? 23 MR. THOMAS: I believe they've got the quick 24 test. I couldn't swear to that. I'd have to call and 25 talk them. But I believe there are a few places that 8 1 have the quick test. 2 COMMISSIONER MOSER: Yeah, I think that was 3 in the newspaper that they have the quick test. So -- 4 but it's still on the places being tested, anybody can 5 go, you don't have to have symptoms or anything but it's 6 not encouraged that they do that, correct? 7 MR. THOMAS: That's correct. If you're 8 symptomatic or believe you've been in close contact with 9 somebody whose been COVID positive then I would 10 recommend go and get tested. 11 COMMISSIONER MOSER: Yeah. 12 MR. THOMAS: But just to get tested for -- 13 because the test is available is really -- I don't think 14 it's going to do you any good. 15 COMMISSIONER MOSER: Yeah. Encouraging 16 people like that that just want to find out -- 17 MR. THOMAS: Correct. 18 COMMISSIONER MOSER: -- testing is 19 dis-encouraged. 20 MR. THOMAS: There are still places in San 21 Antonio where you can get tested and when I get the 22 Region 8 update every day, if we -- if I see a place 23 locally that they're going to be doing testing, like 24 Gillespie, Bandera, one of those other counties, we're 25 putting those out in press releases. 9 1 COMMISSIONER MOSER: Okay. Good deal. 2 COMMISSIONER LETZ: Dub -- 3 COMMISSIONER BELEW: Go ahead. 4 COMMISSIONER LETZ: -- the question I have 5 is -- and we've been having weekly updates now for 6 months. And we're -- 7 MR. THOMAS: 24 weeks exactly. 8 COMMISSIONER LETZ: And it appears that 9 we're going to have COVID with us for the next four to 10 six months or beyond. Is there any thought to how we 11 need to have you come every week? Is that necessary? 12 Can we go to a shorter period? Can we go to monthly? 13 Twice at the regular meetings? And kind of -- what is 14 the City and Peterson -- what are their thoughts about 15 that? 16 MR. THOMAS: Well, I think everybody's 17 pretty much under the same thinking, that this is not 18 going to go away. It's going to be here for awhile. I 19 don't see any point to continuing to do an update every 20 week. We could probably do it on the main meetings. 21 The main Commissioners meetings every other week. Once 22 a month. I'll still keep track of the numbers and we'll 23 still continue to do press releases, especially if we 24 have something big. If we have a big blowup in the 25 numbers or something, then I could see coming back here 10 1 in Court. But as far as taking up y'all's time with 2 this and just hearing what the numbers are, I think we 3 could do it once a week -- I mean every other week, 4 something of that nature. 5 COMMISSIONER HARRIS: Why don't we scale 6 back to that and then go from there? You know, down the 7 road we might go to once a month or something. That -- 8 that would be my thinking. 9 COMMISSIONER BELEW: Put it in the regular 10 meetings only. 11 COMMISSIONER LETZ: The regular meeting 12 updates, and then our special meetings that are on the 13 off -- 14 COMMISSIONER BELEW: Right. Because then 15 the general public is aware. 16 There's one thing I want to ask about and 17 see if you can shed some light on. I've been tracking 18 the numbers since the Governor's mask mandate and the 19 death toll has gone up dramatically. Is that because of 20 the people coming across the border? A lot of the 21 border counties are showing higher numbers. We've had 22 a -- one day we're at 675 people logged. So do you -- 23 or what are you hearing about that? 24 MR. THOMAS: As far as the other statewide 25 numbers, I think the fatalities for the most part have 11 1 either leveled off or are going down, but South Texas 2 along the border it has exposed to all those hospitals 3 to my knowledge have been at capacity and their fatality 4 rates are skyrocketing. 5 COMMISSIONER BELEW: That's what's driving 6 the State numbers. 7 MR. THOMAS: I believe so, yes, sir. 8 COMMISSIONER BELEW: Okay. 9 COMMISSIONER HARRIS: Dub, I think one 10 thing, we're on YouTube and people are concerned with 11 this and I know you're not a doctor, but do you have 12 recommendations that you've heard so people aren't 13 caught flatfooted, whether it be certain vitamins or 14 anything else to protect yourself to where we're all of 15 a sudden now test positive and trying to catch up? 16 MR. THOMAS: You know, Commissioner, I -- I 17 don't really have a recommendation on that. Because 18 like you said, I'm not -- I'm not a physician and I'd 19 hate to make a recommendation and all of a sudden you 20 start having problems with a shortage of Vitamin D or 21 something. 22 COMMISSIONER BELEW: All right. Always test 23 to make sure you're in good health. And take it into 24 your own hands. 25 COMMISSIONER LETZ: Yeah. Okay. 12 1 MR. THOMAS: You want to go every other -- 2 COMMISSIONER LETZ: Why don't we try that -- 3 MR. THOMAS: Okay. 4 COMMISSIONER LETZ: -- and see how that 5 goes? 6 MR. THOMAS: No problem. Thank y'all. 7 COMMISSIONER LETZ: No action on Item 1.1. 8 Item 1.2 consider, discuss and take 9 appropriate action regarding the Local State of Disaster 10 Due to a Public Health and Economic Emergency 11 Proclamation signed by Judge Kelly on March 24th, 2020, 12 and extended until terminated by order of the Kerr 13 County Commissioners' Court on March 30th, 2020. Anyone 14 want to take any action on that? 15 COMMISSIONER MOSER: No. 16 COMMISSIONER HARRIS: No. 17 COMMISSIONER BELEW: (Shakes head no.) 18 COMMISSIONER LETZ: All right. 19 Item 1.3 consider, discuss and take 20 appropriate action to accept the resignation of Keith 21 Miller from the Kerrville-Kerr County Joint Airport 22 Board and appoint Walter Scott Schellhase as his 23 replacement. Mary Rohrer. 24 MR. MANN: Good morning. My name is Jim 25 Mann and I -- 13 1 COMMISSIONER LETZ: You can take your mask 2 off while you're speaking. 3 MR. MANN: Thank you very much. My name is 4 Jim Mann and I'm with the Airport Board. And my mission 5 today is to introduce a new Board Member for our Board. 6 Keith Miller is leaving town going to, I believe, North 7 Carolina. And Keith has been a very good Board Member 8 and we're sad to see him leave, but I'm happy to present 9 today Scott Schellhase, who is to complete the unexpired 10 term of Keith, which will end May 31st, 2021. 11 Scott is an architect. He's a Texas Tech 12 graduate. He's a pilot and he's an airplane owner. And 13 so he'll be well qualified to represent our Board. 14 Scott, do you want to make a couple comments 15 and answer any questions that they might have? 16 MR. SCHELLHASE: Sure. I just appreciate 17 the opportunity to work with the Board. And we've been 18 looking forward to kind of getting more involved, and 19 getting more knee deep into the community since we've 20 been here for nearly four years and looking forward to 21 helping out the Airport, the County, as well as the 22 City, and especially Mary. 23 COMMISSIONER MOSER: How long have you been 24 flying in and out of the airport at this point? 25 MR. SCHELLHASE: Here, just nearly four 14 1 years. 2 COMMISSIONER MOSER: Okay. 3 MR. SCHELLHASE: We had been in Lubbock for 4 40 years and that's where I learned to fly, roughly 40 5 years ago. And so all my -- mainly my flying experience 6 has been in Lubbock. But our airport truthfully is 7 better than what we had in Lubbock. 8 COMMISSIONER LETZ: You mentioned you've 9 been here four years but I believe your family history 10 and roots go a little bit deeper than that? 11 MR. SCHELLHASE: Goes a lot deeper, yes. 12 Yeah, I grew up as a -- as an infant coming to 13 Kerrville, visiting great-grandparents and grandparents. 14 Of course, finally my parents retired here so. And our 15 kids have grown up coming here as well. So -- 16 COMMISSIONER MOSER: Okay. I make a motion 17 that we approve the appointment of Scott Schellhase as a 18 new member of the Airport Board. 19 COMMISSIONER BELEW: Second. 20 COMMISSIONER LETZ: Motion from Commissioner 21 Moser, second from Commissioner Belew, to accept Scott 22 Schellhase as a new member of our Airport Board. Any 23 further discussion? All in favor say aye or raise your 24 hand. Judge raised his hand. So that's five zero. 25 Okay. Welcome. 15 1 COMMISSIONER MOSER: Thank you, Scott. We 2 appreciate your service. 3 MR. SCHELLHASE: You betcha. 4 COMMISSIONER HARRIS: Welcome. 5 COMMISSIONER LETZ: Item 1.4 is consider, 6 discuss and take appropriate action on request from the 7 Kerr County Patriots Club to use courthouse grounds on 8 September 12th, 2020, for a Patriotic Celebration. And 9 I do have one speaker, Jerry Wolff. 10 MR. WOLFF: Good morning. I'm Jerry Wolff. 11 I'm president of the Kerr County Patriots Club. We're 12 an organization that promotes conservative values and 13 conservative candidates. I thank you for your time 14 for -- from our Club to request permission to host a 15 Celebrate America Day on the courthouse grounds on 16 Saturday, September the 12th. Our celebration is 17 non-political. 18 The purpose of the event is to celebrate 19 Kerr County's love of our country. The celebration is 20 made up -- is to make up for the 4th of July celebration 21 that had to be cancelled because of the Governor's 22 restrictions on gatherings that was published on July 23 the 2nd and obviously wasn't enough time to, kind of, 24 reorganize and rethink the whole thing. So we had to 25 cancel that. 16 1 We also want to celebrate and acknowledge 2 Patriots Day, which is September the 11th. Be the 20th 3 Anniversary of that terrible day in our lives. And also 4 to note the passing of the 19th Amendment, which gave 5 the women the right to vote, which that 100th 6 Anniversary occurs on August the 19th. 7 And also to celebrate Constitution Day, 8 which is on September the 17th. So a lot of holidays 9 and major events in our country's history coming 10 together about that time on September the 12th. The 11 event comes at a time when patriotism and support for 12 the USA is being downgraded, even mocked by anarchists 13 and socialists nationwide, including cities in Texas. 14 An event by Antifa in Marble Falls about a 15 month ago to block the 281 Bridge was foiled by the 16 Burnet County Sheriff and a group of local citizens, I 17 guess, which had formed a posse. That tells us that the 18 Hill Country is part of the plan to spread chaos. 19 The Kerr County Patriots knew we had to act 20 and let the rest of the Texas and country know that Kerr 21 County remains steadfast in our belief that America is 22 the best country in the world, and that Kerr County 23 continues to strongly believe God has blessed America 24 and that in God that we trust. 25 Part of our program is to praise our country 17 1 and is to remained everyone that the most important duty 2 as a citizen is to vote. Our club will man registration 3 tables, voter registration tables, that will announce 4 the fall election voting schedules and offer a handy 5 printout of other schedules. 6 Children will be given a small American flag 7 to take home. As a result of these restrictions by 8 Governor Abbott on public gatherings, you will find 9 attached to the event program that we handed out to 10 everyone, our plan to comply with the Governor's 11 directive. 12 We also request that the -- that we be able 13 to use the electrical outlets on the courthouse grounds 14 for a PA system, and ask for approval to place a large 15 banner, eight feet by three to four feet, on courthouse 16 grounds starting August the 29th to advertise the 17 celebration. 18 We thank you for your consideration of our 19 request, and I'll be happy to answer any questions that 20 you may have. 21 COMMISSIONER LETZ: Judge, for your 22 information, I don't know if you saw it but they did -- 23 they have submitted a COVID prevention plan as, I 24 believe, you requested. 25 JUDGE KELLY: No, I -- I haven't seen it but 18 1 I'm sure as long as it provides for social distancing I 2 think we're probably in good shape. 3 COMMISSIONER HARRIS: Yeah, we're -- we're 4 in real good shape with that. And in that regard I'll 5 move for approval. 6 COMMISSIONER BELEW: Second. 7 JUDGE KELLY: And -- and I -- I'm sorry. 8 COMMISSIONER LETZ: Go ahead. 9 JUDGE KELLY: All right. Sometimes I can't 10 hear the other people that are talking so I don't know 11 -- I don't want to step on somebody else. I wanted to 12 thank Mr. Wolff, he's been very cooperative. We've been 13 trying to do these written COVID safety plans to try to 14 make sure that we're enforcing the social distancing as 15 best we can and I really commend the Patriots Club for 16 their cooperation in helping us to do this. 17 COMMISSIONER LETZ: Okay. We have a motion 18 from Commissioner Harris, second from Commissioner 19 Moser -- no, Belew, to allow the Kerr County Patriots 20 Club to use the courthouse grounds September 12th, 2020, 21 for a celebration that will go from 10:00 a.m. to 11:00 22 a.m. Any further discussion? All in favor raise your 23 right hand. Unanimous, five zero. 24 COMMISSIONER MOSER: Thanks, Jerry. 25 MR. WOLFF: Well, thank you very much. And 19 1 we hope to see each one of you on September the 12th. 2 COMMISSIONER BELEW: We'll see if it makes 3 national news. 4 MR. WOLFF: Thank you. 5 COMMISSIONER BELEW: If somebody says 6 something good about us. 7 COMMISSIONER LETZ: Item 1.5 consider, 8 discuss and take appropriate action to accept recent 9 donations of multiple items from Kerrville Pets Alive. 10 Reagan Givens. 11 MR. GIVENS: Good morning, everybody. 12 COMMISSIONER MOSER: Good morning. 13 COMMISSIONER BELEW: Good morning. 14 MR. GIVENS: And we got our -- I've just got 15 a little list of stuff that Kerrville Pets Alive donated 16 to our department. It says a litter box, litter, dry 17 cat food, canned cat food, cat toys, cat car, and then 18 60 tablets of Capstar, which is flea and tick 19 medication. And we thank them for that. 20 COMMISSIONER BELEW: Move for approval. 21 COMMISSIONER MOSER: Second. 22 COMMISSIONER HARRIS: Second. 23 COMMISSIONER LETZ: Motion's been made by 24 Commissioner Belew, second by Commissioner Moser to 25 accept the donation from Kerrville Pets Alive. Any 20 1 further discussion? All in favor say aye. Raise your 2 hand. Unanimous. 3 COMMISSIONER MOSER: Hey, Reagan, can you 4 accept medication that -- like heartworm pills and 5 things like that? 6 MR. GIVENS: Yes, sir. 7 COMMISSIONER MOSER: Okay. Good deal. All 8 right. Yeah. 9 COMMISSIONER LETZ: Item 1.6 consider, 10 discuss and take appropriate action to approve and adopt 11 the revised Kerr County budget calendar -- Fiscal Year 12 2020 through 2021. James Robles. 13 MR. ROBLES: Good morning. As we discussed 14 in our budget workshop last week, the calendar with all 15 the red dates, which are the revised dates, those are 16 the ones we're going to request that -- for the Court to 17 approve for the revised budget calendar. 18 The main changes are we're voting on the tax 19 rate and adopted budget on September 14th. We've also 20 added a August 19th budget workshop, which will be our 21 planned final workshop. This will be two days after the 22 CIP gives their recommendations. 23 COMMISSIONER MOSER: So the big change 24 was -- it was August the 27th? 25 MR. GIVENS: 24th. 21 1 COMMISSIONER MOSER: 24th before? 2 MR. GIVENS: Yes, sir. 3 COMMISSIONER MOSER: Okay. All right. Move 4 for approval. 5 COMMISSIONER HARRIS: Second. 6 COMMISSIONER LETZ: Motion by Commissioner 7 Moser, second by Commissioner Harris to approve the 8 revised Kerr County budget calendar for Fiscal Year 2020 9 through 2021. Any further discussion? All in favor 10 raise your right hand. I think the Judge raised his 11 hand? 12 JUDGE KELLY: Yes. 13 COMMISSIONER LETZ: Five zero. 14 COMMISSIONER BELEW: That September meeting 15 is a regular 9:00 a.m. Is that right? 16 MR. GIVENS: That's correct. 17 COMMISSIONER LETZ: Item 1.7 consider, 18 discuss and take appropriate action regarding the County 19 Transportation Infrastructure Grant Agreement and 20 Resolution approval. Callie? 21 MS. GARGANO: Good morning. 22 COMMISSIONER LETZ: Good morning. 23 MS. GARGANO: So I'm here today to talk 24 about the County Transportation Infrastructure Grant 25 Agreement. This is for areas affected by increased oil 22 1 and gas production. And we're focusing on the two roads 2 of Witt Road and CP or River Road from what I 3 understand. And we're eligible for $91,095.00. 4 And from what I understand, this has been 5 submitted before but they were focusing on approving the 6 resolution and foregoing the grant agreement. And this 7 has been looked at by the County Engineer and he has 8 approved it. 9 COMMISSIONER LETZ: Yeah, these are funds 10 that are set aside by the State to assist with roads 11 damaged by -- related to the oil industry and due to the 12 gravel trucks, and we qualify on a couple of roads. And 13 I think Charlie and Kelly worked on this list along with 14 Callie to get this Resolution approved. 15 COMMISSIONER BELEW: Is this like Peterson 16 Farm Road and -- 17 COMMISSIONER LETZ: It's River Road and -- 18 COMMISSIONER MOSER: River Road and Witt 19 Road. 20 COMMISSIONER LETZ: -- Witt Road. Witt 21 Road. They're both in Precinct 2. It's a -- from 22 Center Point along the river, too. Peterson Crossing. 23 COMMISSIONER MOSER: And Witt Road is part 24 of the bridge construction and changes there. 25 COMMISSIONER LETZ: Right. 23 1 COMMISSIONER MOSER: So I move for approval. 2 COMMISSIONER BELEW: Second. 3 COMMISSIONER LETZ: We've got a motion from 4 Commissioner Moser to approve the County Transportation 5 Infrastructure Grant Agreement and Resolution. 6 Commissioner Moser made the motion and Commissioner 7 Harris second. Any further discussion? All in favor 8 raise your right hand. Unanimous. 9 Item 1.8 consider, discuss and take 10 appropriate action on implementation of the burn ban. 11 This is our regular 90-day update that allows us to 12 operate under the manner we do, by Precinct. 13 COMMISSIONER HARRIS: I move for approval. 14 COMMISSIONER BELEW: Second. 15 COMMISSIONER LETZ: Motion by Commissioner 16 Harris, second by Commissioner Belew to approve the 17 implementation of the burn ban per the order that was 18 attached to the agenda package. Any further discussion? 19 All in favor raise your right hand. Unanimous. 20 Item 1.9 consider, discuss and take 21 appropriate action regarding the 2021 Kerr Central 22 Appraisal District budget. I don't know if we have 23 anybody from the Appraisal -- 24 MS. GRINSTEAD: We don't. They just sent an 25 e-mail. 24 1 COMMISSIONER LETZ: Okay. The -- to update 2 everyone and the public, the Appraisal District is 3 funded by all of the entities and their -- the amount of 4 money that every -- each entity is based on the levy, or 5 I guess the payment of taxes for that entity. So it's 6 kind of made up of the budget by the school districts, 7 UGRA, the County, City, and all of us get to have to 8 approve or get to approve their budget. 9 This is a budget -- I'll just mention that 10 if we take no action on, it will get approved 11 ultimately. The budget has no increase or minimal -- 12 actually a slight decrease, I believe, from last year. 13 There are no salary increases. 14 And from visiting with Bob Reeves, who's a 15 non-voting member of that Board, the two County 16 representatives were very strong in their opinion that 17 this budget had no increases. And I appreciate our 18 representatives voicing that in the budget. 19 And so we can either vote to approve, deny 20 or take no action on it. 21 COMMISSIONER MOSER: I guess no action. 22 COMMISSIONER HARRIS: Yeah, no action. 23 COMMISSIONER LETZ: Okay. We'll take no 24 action on that item then. 25 Item 1.10 consider, discuss and take 25 1 appropriate action on the use of office space at Kerr 2 County Juvenile Detention Center by Christian Men's Job 3 Corp. Commissioner Belew -- and we do have two people. 4 COMMISSIONER BELEW: We do have two people 5 here. I put this on the agenda because this -- we don't 6 really have anything going on out there. We have the 7 space and we use it for storage. We don't need all of 8 it for storage. And this is an organization that does a 9 lot for the community so this is the executive director. 10 MR. JONES: Tom Jones. Yeah, have you had 11 an opportunity to read the attachment that we had on 12 there? It kind of gives a brief description of who we 13 are and what we do. The Christian Men's Job Corp has 14 been here since 2005. I've watched it transform over 15 the years. 16 I think everything has its season. You 17 know, you have a season of growth and you have a season 18 of establishing who you are and where God essentially 19 wants you to be. I've got some representatives today 20 with past presidents of the Men's Job Corp here, Nick 21 Ramos, Dave Weekley and Mike Lowe. And each one of them 22 as they served through this Job Corp saw a different 23 season of a different purpose for where we were led in 24 this ministry and two years ago we were taken down this 25 path. 26 1 I served as Chaplain for Kerr County 2 Sheriff's Department for 12 years. And we were taken 3 down this new pathway where we established a great 4 relationship with Adult Probation and the courts, the 5 District Courts and the County Court. And we are making 6 such an impact, I believe, in the life of Kerr County 7 that we're actually giving back through the efforts and 8 the graduates that complete this program. 9 We -- last year, in that letter I think 10 you'll see, we had 53 men, the majority of whom were 11 court mandated to complete this program. We have a zero 12 recidivity rate with those men. This year, at the end 13 of our second of three classes for the year, we're going 14 to end up taking that number up to 90 for the total use 15 of the LTIP, Life Training Institute Program, and then 16 we're hoping that this next class that we've already got 17 ten applications for, it doesn't even start until 18 October, that we will end up with another 20 plus men in 19 that group. 20 The benefits are your tax base. These men 21 are going back, They're paying back. They're -- they're 22 being accountable. They're not costing you what -- 23 Rusty, I believe what, 45 or $50.00 a day for being 24 re-incarcerated. And so I think it's -- I think it's a 25 very unique ministry by nature that it gives back to the 27 1 things that you gentlemen are in charge of. 2 And so, because that uniqueness, I think 3 we're setting a national standard here that will not be 4 seen anywhere else. Where you literally have a 501c3 5 that doesn't charge people to come to this class, we -- 6 we do this at the expense and with the efforts of the 7 citizens of Kerr County donating, being able to support 8 us, and so we're able to give back and give some relief 9 to these men. They still suffer their consequences. 10 They still have to be accountable. But they're given an 11 opportunity then to succeed. And I think that's how 12 vital we are. 13 Y'all have already been in a relationship 14 with us for -- for the last couple of years that -- that 15 you're probably unaware of to the depth of it because of 16 the way that things have transpired. We just recently 17 -- Wells Fargo Bank just recently sold. 18 We're in a very unique place where we are 19 having to look for a place to start holding classes 20 beginning October. And we've never been in that 21 position before where we're, you know, most people might 22 hit a panic button. I choose to stop and look at it and 23 think it's another time of growth. It's another season. 24 And I think, for me, and I think my Board enjoyed that 25 -- that assurance that we know we're going to grow 28 1 through this somehow. Some way. But the pedal is on 2 the metal here and we got -- October we've got classes. 3 And so it does put us in a different place than we've 4 ever been. 5 The Juvenile Detention Center, I went out 6 and visited with Jason. And the offices, he says 7 they're moving out in October to the new building. And 8 what we're proposing is basically the offices that 9 they're currently occupying and going in and where the 10 Sheriff's Department used to have a fire retardant wall 11 that separates it from the back, the storage, putting 12 that wall back up again and taking those offices. 13 They -- it should not impede any future 14 plans that you may have for -- for storage. I don't 15 know the square footage. We weren't able to get the 16 plans. But I'm guessing -- and Ms. Hughes might be able 17 to address that, the actual square footage of the 18 building. I'd guess pushing 50,000 square foot. I'm 19 not sure. But it's extremely large. But the area that 20 we're talking about, it would not be interfering with 21 that back portion. It would strictly be that front 22 office area. 23 COMMISSIONER MOSER: So a couple of 24 observations and questions. 25 MR. JONES: Yes, sir. 29 1 COMMISSIONER MOSER: So the Christian Men 2 Job Corp does fantastic work, I mean, in the community. 3 How many organizations are like that in the state? 4 MR. JONES: None. 5 COMMISSIONER MOSER: None. This is it? 6 MR. JONES: We're it. 7 COMMISSIONER MOSER: Wow. Okay. Another 8 question is office space. How large do you need out 9 there, for how long, what kind of commitment? You might 10 ask Jason. Is there -- do we have a -- any kind of 11 legal issue with this, Jason? 12 MR. SORENSEN: Well, so I -- I just heard 13 that Juvenile is moving out of the facility, is that 14 what I heard? 15 MR. JONES: Yes, they're moving next door. 16 MR. SORENSEN: Okay. I -- our concern is 17 that juveniles privacy is protected a lot more than 18 adults on the adult side. So that is a concern when 19 you're increasing the amount of foot traffic where 20 you're going to have juveniles coming all hours of the 21 day. 22 COMMISSIONER MOSER: So have you taken a 23 look at this proposal? 24 MR. SORENSEN: I know Heather has and she's 25 spoken with Jason Davis about this. 30 1 COMMISSIONER MOSER: Pardon? 2 MR. SORENSEN: Heather has and -- 3 COMMISSIONER MOSER: Okay. 4 MR. SORENSEN: -- she's spoke with Jason 5 Davis about this. I don't think that we were ready to 6 support the proposal. We understand they do good work, 7 it's just, I don't think -- we had some concerns that I 8 don't think they have been addressed yet. 9 COMMISSIONER BELEW: Can I -- can I ask you, 10 Rusty, on the -- this is a practical question about 11 bringing juveniles in and out and that sort of thing. 12 Does that raise any concern in your mind? 13 SHERIFF HIERHOLZER: If we're bringing them 14 in and out over there, yes. You're supposed to keep 15 them out of sight of most adults, and most of that's 16 inmates. 17 But the problem they'll have and Christian 18 Men's Job Corp does do a great job, but some of these 19 people will be on probation, I'm sure, Tom. You know, 20 different things and -- and it could cause a -- an issue 21 with separation and how they're done if the juveniles 22 are still over there. If juvenile is totally moved out 23 of there, I'm kind of like Jason, it just depends. 24 But then you've got -- the only other thing 25 you've got is what kind of records do we have stored and 31 1 all that kind of stuff over there. And the security for 2 it. And not -- not knocking it, Tom, believe me. 3 MR. JONES: No, no. 4 SHERIFF HIERHOLZER: You and I have worked 5 together and he's also our Jail Chaplain. But what kind 6 of security we need and we have to continue to have over 7 records and things like that. 8 MR. JONES: Yeah, that would be that wall. 9 Where you have the wall? 10 SHERIFF HIERHOLZER: Yeah. And it -- that's 11 why we had it then. But is it a secure wall? 12 MR. JONES: Right. Right. 13 COMMISSIONER MOSER: So it sounds like the 14 intent is good but there's a lot of details still to be 15 put together by -- 16 MR. JONES: You're talking about -- 17 COMMISSIONER MOSER: -- legal, security. 18 MR. JONES: Right. You're talking about two 19 separate buildings. Where the youth will be going in 20 and out of now versus where they're at currently. And 21 so it would be a completely separate building. Because 22 Jason Davis and those little children, they'll be moving 23 over to a whole different building from where we were to 24 be at. 25 COMMISSIONER MOSER: Yeah. I understand. 32 1 But just from a standpoint of the County providing the 2 space, you know, it's -- and it -- the County Attorney 3 hadn't looked at it yet. So I think -- I think there's 4 some -- 5 SHERIFF HIERHOLZER: It is a separate 6 building but there's a lot of joined areas of those two 7 separate buildings. You know, sally port, the kitchen. 8 All that's one area that both buildings share. So 9 you're just going to have to look at the security part 10 of it. 11 COMMISSIONER MOSER: Sure. Right. 12 SHERIFF HIERHOLZER: And separation with the 13 juveniles. 14 COMMISSIONER MOSER: Okay. So it sounds 15 like you may have to come back for -- with specifics. 16 COMMISSIONER LETZ: Let me -- we have 17 another speaker, Brenda Hughes, who can talk a little 18 bit about the storage. 19 MR. JONES: Yeah. We also, though, we would 20 like somebody to provide us the plans. We have not been 21 able to see those. 22 COMMISSIONER LETZ: Well, one of the issues 23 to me, that building is going to be gutted, so I mean 24 it's going to -- 25 COMMISSIONER BELEW: This could all change. 33 1 COMMISSIONER LETZ: I don't see any -- any 2 agreement other than short term, being like maybe a year 3 or so, just because that building -- once the 4 construction starts in there, it's going to be pretty 5 extensive likely. 6 And we don't know that. It may be two 7 years, it may be three years, it may -- you know. So 8 that's what concerns me. But let Brenda go over it a 9 little bit. 10 COMMISSIONER BELEW: And we don't know when 11 we can get it done either. 12 MR. JONES: Sure. 13 COMMISSIONER LETZ: That's what I'm saying. 14 It's an unknown. And it needs to be clear, it's not a 15 long term. If we do anything, it's not a long term. 16 COMMISSIONER MOSER: Okay. 17 MS. HUGHES: Good morning. Brenda Hughes, 18 709 Galbraith Avenue. If I could, I would like to pass 19 these out to you. It will explain a little bit about 20 where I'm coming from here. 21 I am part of the County Capital Improvement 22 Planning Committee that was appointed by the Court. And 23 we've been meeting now for almost a year to determine 24 the County needs based on a 10 to 20-year projected 25 growth. Okay. 34 1 Now, if you'll look at this spreadsheet, 2 there's 26 county departments, and what I'm showing you 3 here is what their storage -- their onsite storage needs 4 are, their -- what their requirement is, what they're 5 off-site storage is, and what they're off-site storage 6 requirement is. 7 Now, if you'll notice the areas in yellow, 8 those are some pretty significant areas that we may not 9 need, but I -- I'm requesting that you delay your -- 10 your vote on this until after we are able to make a 11 presentation to the Court on the 17th of August, which 12 is next -- next week. 13 COMMISSIONER LETZ: I think that the -- you 14 know, my thought is that we need a little bit more 15 information. We need to figure out exactly how it's 16 going to work. Timetable. Is this like a long term 17 or -- 18 COMMISSIONER BELEW: Well, that's -- are you 19 talking about with the Christian Men's Job Corp? 20 COMMISSIONER LETZ: Yeah. 21 COMMISSIONER BELEW: Okay. 22 COMMISSIONER LETZ: Just kind of how that 23 would work. And then -- 24 MS. HUGHES: Yeah, I think it would be a 25 great fit if they could do that because of what they do 35 1 for the community, but I think it's just a little 2 premature to vote on it right now because of what we've 3 got to present on the 17th. 4 COMMISSIONER MOSER: Well, I think everybody 5 thinks it's a good idea from what I'm hearing, but we 6 don't know what it is. 7 MS. HUGHES: Yeah. 8 COMMISSIONER MOSER: You know. We need to 9 understand what it is. How large -- what, when and how? 10 Okay. 11 MS. HUGHES: Yes. And -- and also -- 12 COMMISSIONER MOSER: Is it legal? 13 MS. HUGHES: -- the architect for our 14 project needs to be able to map out what -- what our 15 needs are, based on Executive Session on the 17th. And 16 then if there would be room for Christian Men's Job 17 Corp. 18 COMMISSIONER BELEW: Right. 19 COMMISSIONER MOSER: Okay. 20 COMMISSIONER LETZ: Judge, do you have any 21 comment? 22 JUDGE KELLY: Yeah. I don't think -- first 23 of all, I'm a big supporter of Christian Men's Job Corp. 24 I applaud everything that you do. The -- the Capital 25 Improvement Planning Committee has been working on our 36 1 growth needs for at least about a year now. And the 2 initial plan that was brought to the Court, and is still 3 a part of the plan, is to use that vacated building, the 4 Juvenile Probation Detention Center, and convert it into 5 a storage facility because we have incredible needs for 6 storage. 7 That was -- that was the original plan. 8 Whatever the decision is going to be with regard to the 9 request from the Christian Men's Job Corp, I think it's 10 prudent that we wait and run this past the CIP, the 11 Capital Improvement Planning Committee. And by the way, 12 Peter Lewis, the architect, does have the plans that can 13 tell you the square footage of the building. We've been 14 working on this for over a year. 15 And -- and the other concern that I have, at 16 the -- I serve on the Juvenile Board, is we really have 17 to be sensitive to the juveniles that are going to be 18 right next door. So I would want to get comfortable 19 with the Juvenile Probation Department, talk to Jason 20 Davis, talk to County Attorney, Heather Stebbins, and -- 21 and make sure that whatever we do over there, is going 22 to be in the best interest for those juveniles, also. 23 I mean, I understand we've got a lot of 24 people, a lot of non-profit organizations approach us 25 about that building. You're not the first one. We've 37 1 had probably at least two or three others that I know of 2 for sure. 3 And so, before we make a decision I think we 4 need to make sure that the right hand knows where the 5 left hand is going. And we make a decision with what's 6 in the best interest of the public. 7 COMMISSIONER MOSER: Right. 8 COMMISSIONER BELEW: I agree. 9 COMMISSIONER LETZ: All right. So let's, I 10 guess, table this for right now. And we'll get more 11 information from you. 12 COMMISSIONER BELEW: But it would be helpful 13 to know how much square footage you really need. 14 COMMISSIONER LETZ: We will get a plan of 15 the building that we have right now. That you can, kind 16 of, look at it and then we can kind of -- you can kind 17 of figure out what you need and then we'll hear from the 18 CIP on the 17th. And then we can move forward. 19 MR. JONES: Right. And -- and if we could, 20 I wouldn't mind an opportunity to visit with Mr. Lewis 21 and find out where he thinks or if he thinks -- and with 22 Heather, to see whether we can answer her concerns. 23 COMMISSIONER LETZ: Right. I think the -- 24 the item that's big is the use of the building and then 25 the other issue that I'm hearing is -- is how do we keep 38 1 separation, which is going to be primarily the parking 2 lot but it's very small. It's not that big of a parking 3 lot between the people going to one facility or the 4 other and people -- you know, signage and things of that 5 nature. 6 MR. JONES: Correct. 7 COMMISSIONER BELEW: And one of these we 8 must do. The other one we could do. One is -- the 9 juveniles we must do. 10 MR. JONES: Right. 11 COMMISSIONER BELEW: First things first. 12 MR. JONES: Certainly. Certainly. 13 COMMISSIONER LETZ: Okay. 14 MR. JONES: Thank you very much. 15 COMMISSIONER LETZ: Thank you. 16 COMMISSIONER HARRIS: Before you leave, I've 17 gotta say I had the opportunity to come to your 18 breakfast last winter sometime. Incredible stories. 19 Y'all are doing great work. I mean, I was highly 20 impressed. 21 MR. JONES: Yes, sir. Thank you very much. 22 COMMISSIONER BELEW: I hope we can work this 23 out. 24 MR. JONES: Oh, I do too. Yeah. I think it 25 would be great for the County. 39 1 COMMISSIONER MOSER: Thank you, guys. 2 COMMISSIONER LETZ: All right. Everything 3 else is timed, so why don't we go to our Approval 4 Agenda. We can get that knocked out before we take our 5 break at 9:50. 6 We need one of the Auditors. 7 COMMISSIONER HARRIS: Well, I can read the 8 monthly report. 9 COMMISSIONER LETZ: Okay. Let's go to 2.5. 10 COMMISSIONER HARRIS: So, July 2020. 11 Environmental Health, OSSF. Monthly activity report, 12 Director Ashli Badders. Fines, judgments, and jury fees 13 from J.P. 3, Kathy Mitchell, and J.P. 4, Bill Ragsdale. 14 Standard monthly report from Constable Precinct 1, Tommy 15 Rodriguez, Constable Precinct 2, Kyle Schneider, 16 Constable Precinct 4, Gene Huffaker, and County Clerk 17 Jackie, J.D. Dowdy and -- strike that last one. Payroll 18 approval month ending July 2020, County Treasurer, Tracy 19 Soldan. 20 I move for approval. 21 COMMISSIONER BELEW: Second. 22 COMMISSIONER MOSER: Second. 23 COMMISSIONER LETZ: Okay. Motion from 24 Commissioner Harris, second by Commissioner Belew to 25 approve the monthly reports as submitted. Any further 40 1 discussion? All in favor say aye, raise your hands. 2 Unanimous. 3 On Item 2.6 Court Orders. We have our Court 4 Orders from our August 3rd meeting, Special Session. 5 Items -- or Court Orders 38203 through 38207. And also, 6 for the County Clerk we had missed the Monday, August 7 10th in the Special Session -- 8 MRS. DOWDY: July 6th, isn't it? 9 COMMISSIONER LETZ: July? July 6th? 10 COMMISSIONER HARRIS: Yeah, 8-6 is August. 11 COMMISSIONER LETZ: And from Special Session 12 on July 6th, the numbers are 38160 through 38165, and in 13 the Special Session we did that. So we need to add 14 those from 38160 to 38165 as well to our approval. I'll 15 make a motion to approve those. 16 COMMISSIONER BELEW: Second. 17 COMMISSIONER LETZ: I made the motion, 18 Commissioner Harris made the second, to approve the 19 Court Orders as specified. Any further discussion? All 20 in favor raise your right hand. Unanimous, five zero. 21 COMMISSIONER LETZ: No one at the Auditor's 22 Office? 23 SHERIFF HIERHOLZER: No. Just Joy. 24 COMMISSIONER MOSER: They've been submitted, 25 we can look at them. 41 1 COMMISSIONER BELEW: Can we vote on them? 2 COMMISSIONER LETZ: Yeah, we can vote on the 3 disbursements. We do have the 2.1 pay the bills. 4 They're from Kerr County, $493,541.56. Airport, 5 $2,411.37. Juvenile Probation, $6,431.07. Adult 6 Probation, $1,476.83. Fund 62 is $89,440.25. Fund 68, 7 $503.75. And then Fund 78, $183.08, for a total of 8 $593,987.91. 9 COMMISSIONER MOSER: Move for approval. 10 COMMISSIONER BELEW: Second. 11 COMMISSIONER LETZ: We have a motion by 12 Commissioner Moser, second by Commissioner Belew to 13 approve the bills as submitted. All in favor raise your 14 right hand. I do not believe we have any budget -- 15 wait, we do have budget amendments. 16 Budget amendment from the County Jail, trash 17 service, and Environmental Health, part-time salary, and 18 the Sheriff's Department, insurance proceeds for vehicle 19 repair. Need a motion to approve those budget 20 amendments. 21 COMMISSIONER BELEW: I make a motion. 22 COMMISSIONER LETZ: Commissioner Belew made 23 a motion. Do we have a second? 24 COMMISSIONER HARRIS: Second. 25 COMMISSIONER LETZ: Second by Commissioner 42 1 Harris. Anymore discussion? All in favor raise your 2 right hand. Unanimous. 3 I don't believe we had any late bills, and 4 we'll hold off on -- I don't know if the Auditor has any 5 reports. 6 The Information Agenda. Status reports from 7 Department Heads. Do you have any? 8 COMMISSIONER BELEW: Department Head status 9 reports? 10 MR. MOTHERAL: Good morning, gentlemen. I 11 want to bring y'all up to date on the items that we're 12 trying to do with the generator to bring the generator 13 from the jail to the courthouse. We have bids submitted 14 by DW Electric, which is a prior vendor and we are 15 waiting for that generator to be checked out by the 16 Maintenance Department. And they're in the process of 17 that. And once that's completed, we're ready to move it 18 and get it up -- 19 COMMISSIONER MOSER: So are you getting 20 multiple bids on that? 21 MR. MOTHERAL: We have not. But we're -- 22 COMMISSIONER MOSER: But you're -- 23 MR. MOTHERAL: -- using a preferred vendor. 24 COMMISSIONER MOSER: Huh? 25 MR. MOTHERAL: Because we're using a 43 1 preferred vendor we are not, and it's under the -- the 2 $50,000 limit. 3 COMMISSIONER MOSER: Yeah, I understand all 4 that. But sometimes you can save a lot of money by 5 getting other bids. 6 MR. MOTHERAL: Well, we can do that if 7 that's what the Court wants. 8 COMMISSIONER MOSER: I mean, we did that in 9 Road & Bridge. It was under 50,000 and we saved 10 $10,000.00 by getting some additional bids on some item. 11 MR. MOTHERAL: Okay. We can certainly do -- 12 COMMISSIONER MOSER: I would recommend it. 13 COMMISSIONER BELEW: How do you do that, 14 Bruce? You have your -- your favored status, and then 15 you have something else. How does that work? 16 MR. MOTHERAL: Well, my feeling is that what 17 you do is you have your preferred vendor, which they 18 worked out agreements with the Court for special 19 dispensations. 20 COMMISSIONER BELEW: Right. 21 MR. MOTHERAL: After that, then you go out 22 to a public bid. My concern with going out again for 23 bids on this, is it's going to push us past our 24 October 1st deadline. 25 COMMISSIONER MOSER: What is the October 1st 44 1 deadline? 2 MR. MOTHERAL: Well, we're trying to get it 3 in this budget year because that's when the money is 4 budgeted. 5 COMMISSIONER MOSER: Well, you can -- 6 COMMISSIONER LETZ: I don't think we need to 7 go out for a public bid or -- I think we just need to 8 contact another vendor. 9 COMMISSIONER MOSER: Yeah. 10 MR. MOTHERAL: Okay. Good. 11 COMMISSIONER LETZ: It doesn't have to be a 12 public process. 13 COMMISSIONER MOSER: What's -- 14 MR. MOTHERAL: All right. 15 COMMISSIONER MOSER -- what is the bid now? 16 MR. MOTHERAL: Pardon me? 17 COMMISSIONER MOSER: What's the estimated 18 price now? 19 COMMISSIONER BELEW: About 48? 20 MR. MOTHERAL: $48,532.00. 21 COMMISSIONER MOSER: Oh. 22 COMMISSIONER BELEW: Yeah, we've got to 23 get -- 24 COMMISSIONER MOSER: Get some more. 25 COMMISSIONER HARRIS: It just keeps 45 1 everybody honest. 2 MR. MOTHERAL: That's fine. We can 3 certainly do that. 4 COMMISSIONER MOSER: Okay. Good. 5 COMMISSIONER BELEW: Now when you said they 6 were checking out the generator, they're checking it 7 mechanically and -- 8 MR. MOTHERAL: All the -- yes, sir. 9 COMMISSIONER BELEW: Who's qualified to do 10 that? 11 MR. EVANS: We are going to have Southern 12 Plains Generator do that work. Because they're -- 13 initially they're the ones that used to have the 14 contract to do the PM maintenance on that yearly. 15 They're familiar with it. 16 The only kind of a hold up we've had right 17 now is because we had a three year lapse where we 18 weren't using them so we had to resubmit a credit 19 application and we're waiting back on that, to pass our 20 credit app. And then we can schedule -- then we would 21 be able to schedule technicians would come out with a 22 load bank test, where they bring a piece of 23 equipment and check all the fluids, hook this thing up 24 to the load bank test where they run it under a full 25 load test. Not just turn it on and run it and see if it 46 1 will hold up to -- and that will be a two-hour exercise, 2 and see if it will hold up under stress. So -- 3 COMMISSIONER BELEW: Do we -- do we have any 4 commissioning reports on it that were kept? 5 MR. EVANS: Just some old -- old records. 6 I'm sure the jail people -- when I -- when we got the 7 test reports we would give that to the jail -- you know, 8 the Jail Administrator and Assistant Jail Administrator 9 and they would keep those reports. 10 COMMISSIONER BELEW: Yeah, the Sheriff's 11 indicating that there's a file on it. 12 SHERIFF HIERHOLZER: We would definitely 13 have a file on it up until the time we quit using it, 14 and then it was turned over to maintenance. 15 COMMISSIONER MOSER: If October first is the 16 problem with you guys, there's gotta be some ways, I 17 would think that you can commit to the funds in this 18 year and complete the work in the next year, something 19 like that. I don't know but -- 20 MR. MOTHERAL: We'll get it resolved. 21 COMMISSIONER MOSER: Right. I think you got 22 some flexibility on that. 23 MR. MOTHERAL: That's all I have. 24 COMMISSIONER LETZ: Shane, do you have 25 anything else? I saw you walk in. Did you have any 47 1 other -- 2 MR. EVANS: Oh, I just was getting -- 3 COMMISSIONER LETZ: Okay. Any reports from 4 Elected Officials? 5 SHERIFF HIERHOLZER: I have one. Just 6 something that I heard Friday that I think y'all need to 7 be aware. It started out Friday afternoon of a -- kind 8 of a car-jacking robbery out in Midland. A man was 9 injured being thrown out of a truck at a gas station. A 10 child was thrown out of it while it was moving. Another 11 man that tried to intervene was run over. 12 And DPS Junction attempted to stop the truck 13 and on getting it stopped it put it in reverse and 14 rammed the DPS unit and then it proceeded on to us. We 15 got in the pursuit. Us, PD, everybody tried to disable 16 it. The spikes, it went around them. 17 At one point it broadsided one of my units. 18 Didn't injure the officer, thank goodness, probably 19 totalled our unit. Continued on. Went into Kendall 20 County. And in Kendall County it went on the wrong side 21 of the interstate, struck a trailer and wrecked out. 22 He then charged one of the Kendall County 23 officers on foot. We tased him and were able to get him 24 subdued and in custody. Nobody else was injured. And 25 then once in our jail he's assaulted at least one 48 1 jailer. He's got that charge. So there are multiple 2 charges and one very damaged vehicle of ours and another 3 one out of Junction. 4 COMMISSIONER BELEW: At least -- all the 5 people survived? 6 SHERIFF HIERHOLZER: Everybody survived. 7 There were no serious injuries. 8 COMMISSIONER MOSER: So he's in -- is he in 9 Kerr County jail as opposed to Kendall County jail? 10 SHERIFF HIERHOLZER: He's in Kerr County 11 jail. 12 COMMISSIONER MOSER: Why is that? 13 SHERIFF HIERHOLZER: Because Kendall County 14 didn't file charges at the time. He didn't do anything 15 to them. The pursuit started in Junction and went all 16 the way through. He assaulted our officers and wrecked 17 our vehicle. 18 COMMISSIONER BELEW: But he'll have charges 19 in all the subsequent -- 20 SHERIFF HIERHOLZER: He's already got 21 aggravated robbery charges out of Midland. He's got 22 injury to a child out of Midland. He's got the auto 23 theft out of Midland. He's got another aggravated 24 assault charge out of Midland for the striking of a 25 citizen that tried to help. This guys about six foot 49 1 one and 365 pounds. 2 COMMISSIONER MOSER: So he's our guest. 3 SHERIFF HIERHOLZER: And he's very 4 dangerous. So he's our guest for a while. 5 COMMISSIONER LETZ: Will he stay here or go 6 back to Midland? 7 SHERIFF HIERHOLZER: He'll stay here until 8 we take care of all our charges. We've got an 9 aggravated assault on a public servant and we got 10 another assault on a public servant and then, of course, 11 we've got the intent to ram our vehicles and things like 12 that. Evading arrest with a vehicle. 13 COMMISSIONER LETZ: Amazing he got from 14 Midland to Junction before he was intervened. 15 SHERIFF HIERHOLZER: Yeah. Exactly. If you 16 watch the videos, it's -- it's why I'm kind of shaky, I 17 guess, because it's a miracle and prayers were answered 18 that nobody was injured seriously. 19 COMMISSIONER BELEW: And the -- the guy that 20 ran through the house and hurt the little girl is still 21 in Kerr County jail? 22 SHERIFF HIERHOLZER: I heard and -- I hadn't 23 looked this morning, but I heard he was released on 24 bond. That's another tragedy. So -- it's been a long 25 weekend in Kerr County. That's it. 50 1 COMMISSIONER HARRIS: Thank you, Sheriff. 2 COMMISSIONER BELEW: We did it without you. 3 COMMISSIONER LETZ: We did everything except 4 the Auditor reports. We approved the bills, we approved 5 the late bills -- no, not late bills, budget amendments. 6 MR. ROBLES: Okay. 7 COMMISSIONER LETZ: But we didn't know about 8 Auditor reports. 9 MR. ROBLES: There are none. 10 COMMISSIONER LETZ: Thank you, sir. 11 COMMISSIONER MOSER: Perfect. 12 COMMISSIONER LETZ: Let's go to item 3.2 13 Elected Officials. 14 3.3 status reports from Liaison 15 Commissioners. 16 COMMISSIONER HARRIS: None. 17 COMMISSIONER MOSER: Nothing. 18 COMMISSIONER LETZ: Nothing? All right. 19 We'll go ahead and take a break and come back in session 20 at 10 o'clock. 21 (Recess.) 22 COMMISSIONER LETZ: All right. It's 23 10 o'clock and we're back in session. Item 1.11 24 consider, discuss and take appropriate action for the 25 Court to approve an amending plat for Marymeade 51 1 Subdivision Section One, Lots 26R and 29R, Plat File No. 2 20-00740, Precinct 4. Mr. Hastings. 3 MR. HASTINGS: Thank you. This is an 4 amending plat. This proposal amends Lot 26R and 29R 5 which were very recently revised from Lots 26, 27, 28 6 and 29. The proposed amendment includes a correction 7 and a minor adjustment as stated in the letter from 8 Voelkel Land Surveying dated July 10, 2020. I'll read 9 that letter to you. 10 This plat was originally submitted as a 11 Revision of Plat. After visiting with you, I agree that 12 the plat be considered an Amending Plat to correct an 13 error in the deed to the owner. 14 The owners of the property, Roy Eliff and 15 Betsy Eliff, were erroneously conveyed all of Lots 26 16 and 27, and the westerly one-half of Lot 28 of Marymeade 17 Subdivision Section One by a Warranty Deed with Vendor's 18 Lien recorded in Volume 1379, Page 658. The Revision of 19 Plat recorded in File No. 20-00740 was based off of that 20 ownership. 21 Since that plat recording, a correction 22 instrument was filed and File No. 20-03988, removing the 23 southwest ten feet of the lots. This amending plat now 24 reflects that change. 25 These lots are in the floodplain. They must 52 1 meet requirements for development within the floodplain. 2 The County Engineer requests that the Court approve an 3 amending plat for Marymeade Subdivision Section One, 4 Lots 26R and 29R, Plat File No. 20-00740. Precinct 4. 5 COMMISSIONER HARRIS: Just primarily a 6 correction? 7 MR. HASTINGS: Yes, sir. And so it's a one 8 and done. We don't come back. No public hearing. 9 COMMISSIONER HARRIS: I move for approval. 10 COMMISSIONER BELEW: Second. 11 COMMISSIONER LETZ: Motion by Commissioner 12 Harris, second from Commissioner Belew to approve the 13 amended plat for Marymeade Subdivision Section One, Lots 14 26R and 29R. Any further discussion? All in favor 15 raise your right hand. Unanimous. 16 Item 1.12 consider, discuss and take 17 appropriate action for the Court to set a public hearing 18 for 10:00 a.m. on September 14th, 2020 for a revision of 19 plat for Kerrville South II, Tract 119, Volume 4, Page 20 64. Precinct 1. 21 MR. HASTINGS: Thank you. This proposal 22 divides Tract 119, 5.91 acres, into two tracts and 23 dedicates the right-of-way along Codrington Drive and 24 Kerrville South Drive. Tract 119A will be 2.54 acres 25 and will have access from Kerrville South Drive. Tract 53 1 119B will be 2.53 acres and will have access from 2 Codrington Drive. And again, this is a revision of plat 3 for Kerrville South Ranches -- I'm sorry, Kerrville 4 South II, Tract 119. 5 County Engineer requests the Court to set a 6 public hearing for 10:00 a.m. on September 14th, 2020, 7 for a revision of plat for Kerrville South II, Tract 8 119, Volume 4, Page 64, Precinct 1. 9 COMMISSIONER BELEW: What's the frontage on 10 these, Charlie? They look to be about the same. Is it 11 60 feet or -- 12 MR. HASTINGS: It's over -- these should be 13 over 60 feet. 14 COMMISSIONER BELEW: Okay. All right. 15 MR. HASTINGS: These are both -- one of them 16 has got frontage on two different roads and -- about 600 17 feet of frontage, and the other one has about 500 feet 18 of frontage. 19 COMMISSIONER BELEW: Okay. I move for 20 approval. 21 COMMISSIONER HARRIS: Second. 22 COMMISSIONER LETZ: Motion from Commissioner 23 Belew, second from Commissioner Harris to set a public 24 hearing for 10:00 a.m. on September 14th, 2020, for the 25 revision of plat, Kerrville South 2, Tract 119. Any 54 1 further discussion? Those in favor raise your right 2 hand. Unanimous. 3 Item 1.13 consider, discuss and take 4 appropriate action for the Court to approve a revision 5 of plat for Spicer Ranch, Lots 25 and 31, Volume 3, 6 Page 56. 7 MR. HASTINGS: Thank you. A public hearing 8 was conducted on July 27th, 2020. Nobody spoke at the 9 public hearing. This is the final revision. All the 10 signatures are in order. 11 This proposal revises Lots 31, which is 12 12.087 acres and Lot 25, 3.056 acres, into Lot 25R, 13 which is 13.939 acres. They'll be served by an 14 individual well. And Lot 31R, 1.189 acres, and that 15 will be served by the water provider for the area, which 16 is Aqua Texas. Lot 25R has the private well that I just 17 mentioned and Lot 31R will be connected to Aqua Texas. 18 Access to the lots will be from Spicer Loop, Trent Road, 19 and Thad Lane. 20 The County Engineer requests the Court 21 approve the revision of plat for Spicer Ranch, Lots 25 22 and 31, Volume 3, Page 56, Precinct 1. 23 COMMISSIONER BELEW: Now this is the one 24 that brought up the issue of street names? 25 MR. HASTINGS: That's correct. And that 55 1 street name has been corrected. And it's on a pole 2 today. 3 COMMISSIONER BELEW: Okay. I move for 4 approval. 5 COMMISSIONER MOSER: Second. 6 COMMISSIONER LETZ: We have a motion from 7 Commissioner Belew, second from Commissioner Moser to 8 approve the revision of plat for Spicer Ranch, Lots 25 9 and 31. Any further discussion? 10 COMMISSIONER HARRIS: This gentleman was 11 here. Did you want to say something? 12 UNKNOWN SPEAKER: No, sir. I work for the 13 survey company. I was just here to listen and answer 14 any questions if they needed. Thank you. 15 COMMISSIONER LETZ: All in favor raise your 16 right hand. Unanimous, five zero. 17 Item 1.14 consider, discuss and take 18 appropriate action for the Court to approve the Concept 19 Plan for Center Point Christian Church Addition in 20 Center Point. Precinct 2. Mr. Hastings. 21 MR. HASTINGS: Thank you. This concept plan 22 proposes two lots on China Street, also known as FM 23 1350, which is taken care of by TxDOT. They own and 24 maintain that road. It's within the high density 25 development area of Center Point, and it will be on a 56 1 public water system and the public sewer system. 2 The maximum number of allowable residential 3 lots will be determined using the Texas Water 4 Development Board Model Subdivision Rules, as it relates 5 to water availability. The property owner is requesting 6 the Court allow one of the lots to have as little as 30 7 foot of frontage, road frontage. 8 The property owner is working with TxDOT for 9 the driveway permitting, and will be required by TxDOT 10 to share one point of access on that -- that 30 foot 11 that they're describing on the plat. 12 Section 7.04, access to roads of the Kerr 13 County Subdivision Rules and Regulations requires 14 arterial and collector roads to have 200 foot of 15 frontage per lot. It also states that minimum lot 16 frontage distances may be reviewed by the Commissioners' 17 Court and lesser distances may be approved based on lot 18 density, topography, and other mitigating factors 19 recommended by County Subdivision Administrator. 20 Subdivisions within a high density development area and 21 where the above minimum lot frontage distances are not 22 practical will be considered on a case by case basis. 23 So basically you have one big lot that they 24 want to divide into two. It has one point of access now 25 and when they're done dividing it, that same access will 57 1 be shared for both lots. 2 The County Engineer requests that the Court 3 consider the concept plan for Center Point Christian 4 Church Addition in Center Point, Precinct 2, as 5 presented. 6 COMMISSIONER MOSER: So Charlie, this -- the 7 access will be on the left side -- 8 MR. HASTINGS: Yes, sir. 9 COMMISSIONER MOSER: -- of the plat? So it 10 looks like a pipe -- obviously a pipe stem for the lot 11 in the back? 12 MR. HASTINGS: A pipe stem? 13 COMMISSIONER MOSER: Yeah, that means 14 configuration? 15 MR. HASTINGS: Yes, sir. 16 COMMISSIONER MOSER: So it's a long driveway 17 and -- 18 MR. HASTINGS: That's correct. 19 COMMISSIONER MOSER: -- the Lot No. 1 will 20 use the same -- 21 MR. HASTINGS: They'll have to use -- 22 COMMISSIONER MOSER: -- entrance off of 23 China Street? 24 MR. HASTINGS: That's correct. Yes, sir. 25 COMMISSIONER MOSER: Is that where the 58 1 entrance is now -- 2 MR. HASTINGS: Yes. 3 COMMISSIONER MOSER: -- on China Street? 4 MR. HASTINGS: Yes. There's one there now. 5 COMMISSIONER MOSER: Okay. 6 MR. HASTINGS: Actually, there's something 7 on -- I think on the right-hand side, but they want to 8 do away with that and they want to go over here on the 9 left. 10 COMMISSIONER MOSER: Okay. 11 COMMISSIONER LETZ: Charlie, is there any 12 way they can get the 30 feet a little bit wider? I 13 mean, yeah, he can go down to -- Lot 1 can go down to 14 1.01 or one acre, but if he'd go down a tenth of an acre 15 and widen that entrance -- 16 MR. HASTINGS: That's a good point. And One 17 of the reasons why we would want to work with him to get 18 it wider, and we are asking them to get it wider, is 19 because we've got a sewer line there. And I think our 20 preference would be that that access road be off to the 21 side of that existing sewer line. We just installed the 22 sewer line in the past 12 months. 23 COMMISSIONER MOSER: Well, we've got sewer 24 lines down the middle of streets other places. 25 MR. HASTINGS: Yes. 59 1 COMMISSIONER MOSER: Yeah. So this is -- 2 MR. HASTINGS: They would have to build a 3 drive -- if they did, they'd have to make sure that the 4 driveway matches the sewer manhole. It just might be 5 better since it's a residential situation and it's not a 6 public road, it's a driveway. 7 COMMISSIONER MOSER: Right. 8 MR. HASTINGS: Probably better if their 9 driveway was off to the side a little bit. 10 COMMISSIONER MOSER: What's the logic there? 11 It could be down in the middle of the street but not 12 down the middle of a driveway? 13 MR. HASTINGS: When that sewer line gets 14 serviced, there's going to probably be a big vacuum 15 truck on -- in the middle of these people's driveway 16 working on that manhole. So it would -- it would be 17 better if there's more room. 18 COMMISSIONER MOSER: Sure. 19 MR. HASTINGS: If it was in the road, the 20 road is wider and they could -- they could go around. 21 COMMISSIONER MOSER: Well, I don't know what 22 that does to, you know, reducing the size of their lot. 23 I hear -- I hear what you're are saying. But this is a 24 concept plan. 25 COMMISSIONER LETZ: Right. 60 1 MR. HASTINGS: They want to get approval 2 with the concept before spending money on a final to 3 make sure that it's okay to have less than the 200 foot 4 of frontage required. 5 COMMISSIONER MOSER: Yeah. I -- I'd like to 6 understand what that would do to them to make that wider 7 than 30 feet, and also -- 8 MR. HASTINGS: Okay. 9 COMMISSIONER MOSER: -- it -- you know, 10 maybe they've got a problem if it reduces it, I don't 11 know. 12 MR. HASTINGS: I think that's why they're 13 asking can we go as small as 30 foot. And I think 14 they're going to -- they're going to work with us as we 15 try to work through that issue but -- 16 COMMISSIONER MOSER: Yeah, but they must 17 have -- 18 MR. HASTINGS: -- if it can't be worked 19 out -- 20 COMMISSIONER MOSER: -- they must have a 21 reason to say can you go as small as 30 feet. I don't 22 know what that reason is. 23 MR. HASTINGS: Just to -- to meet this 24 configuration. I think they were trying to keep both 25 lots one acre or above, which they've done so far. 61 1 COMMISSIONER LETZ: I just think they need 2 to move that lot line over so that that would increase 3 that frontage from 30 feet maybe to 45 feet. And -- I'm 4 just eyeballing it but they've got a tenth of an acre to 5 play with, so they ought to be able to move it over. 6 COMMISSIONER MOSER: Well, there isn't any 7 criteria that says they can -- they can be below one 8 acre. You know, one acre's not a -- 9 COMMISSIONER BELEW: Well, they're on sewer 10 anyway, I think. 11 MR. HASTINGS: They're going to be on both 12 water and sewer system. 13 COMMISSIONER MOSER: I know. So I'm saying 14 I don't know why one acre's -- one acre's not an issue. 15 I mean -- 16 COMMISSIONER BELEW: What -- what kind of 17 structures are on this? 18 COMMISSIONER MOSER: We don't know. 19 COMMISSIONER BELEW: Well, maybe that's 20 what -- 21 MR. HASTINGS: The lot that's closes to the 22 highway doesn't have anything on it right now and the 23 one in the back has like a shed or something like that. 24 COMMISSIONER BELEW: So if they brought it 25 out the way Commissioner Letz is talking about, 62 1 expanding another 15 feet, you still have -- if all they 2 want is access to that back lot. 3 MR. HASTINGS: And the access will be on 4 that left side. It looked like you were maybe 5 pointing -- there you go. 6 COMMISSIONER BELEW: Either way. They're 7 just trying to get to this back lot passed this front 8 lot, right? 9 MR. HASTINGS: Yes. 10 COMMISSIONER LETZ: I just think that we can 11 require them to make that wider and make the back lot a 12 little bit larger or -- 13 COMMISSIONER MOSER: I'd like to hear what 14 their -- what their reason is making it as small as 30 15 feet. Before we say no, you can't do it. We don't know 16 why they want to do it. 17 COMMISSIONER LETZ: 30 feet is really narrow 18 to me. But, you know -- 19 COMMISSIONER MOSER: For a driveway? 20 MR. HASTINGS: They -- they don't know what 21 they're going to do with that front lot yet and I think 22 they're trying to keep their options open. So they just 23 tried to make it as big as they possibly could. 24 COMMISSIONER MOSER: Well, they -- 25 MR. HASTINGS: So they made that -- that 63 1 access point -- 2 COMMISSIONER MOSER: Yeah. Okay. So let's 3 say yeah, approve the concept plan with 45 foot, and 4 then come back if it's a problem for them. 5 COMMISSIONER LETZ: Is there a second? 6 COMMISSIONER BELEW: What's the motion? 7 COMMISSIONER MOSER: The motion is to 8 approve the concept plan with a revision that the common 9 entrance off of China Street and the driveway to the 10 back lot be 45 feet as opposed to 30 feet. And if 11 that's not acceptable, they can come back to the Court. 12 COMMISSIONER BELEW: Well, do you want to -- 13 do you want to name a number or do you want to just -- 14 COMMISSIONER MOSER: I said 45 feet. 15 COMMISSIONER BELEW: I -- I know you did. 16 But I said do you really want to name a number or do you 17 just -- 18 COMMISSIONER MOSER: Yeah. 19 COMMISSIONER BELEW: -- want to tell them 20 they -- 21 COMMISSIONER MOSER: Just get it off the -- 22 yeah, I really want to. 23 COMMISSIONER BELEW: It was like a first 24 offer thing and they're going to counter-offer. 25 COMMISSIONER MOSER: Right. Right. 64 1 COMMISSIONER LETZ: Or just do it. 2 COMMISSIONER BELEW: Huh? Or not. It looks 3 like to me, I mean, if I was going to hold out my 4 options, I'm just making a suggestion here, and I have a 5 lot that I might sell later and I can say it's over an 6 acre, that's just a marketing thing. I think that's 7 probably a little of it. 8 COMMISSIONER MOSER: But in that area it 9 doesn't matter because it's a half acre or quarter acre 10 lots. 11 COMMISSIONER BELEW: Yeah, but it matters 12 when you're looking at it and it's on a piece of paper 13 and you're still deciding which one to buy. 14 COMMISSIONER LETZ: I think if they go 15 15 feet further it will still be over an acre. 16 COMMISSIONER BELEW: Yeah, it will be. 17 Yeah. So that I'm guessing that's why they did that. 18 So I'll go ahead and second that. 19 COMMISSIONER MOSER: Okay. 20 COMMISSIONER LETZ: A motion from 21 Commissioner Moser, second by Commissioner Belew to 22 approve the concept plan subject to an agreement by the 23 property owner to increase the driveway width 45 feet, 24 which is also increase the access point off China Street 25 to 45 feet. 65 1 COMMISSIONER BELEW: Now it's just the 2 access point, isn't it? 3 COMMISSIONER LETZ: Right. 4 COMMISSIONER BELEW: They don't have to do 5 the whole driveway? 6 COMMISSIONER LETZ: You could go a little 7 bit of -- back before the access one for -- 8 COMMISSIONER BELEW: That's really what 9 we're going for, right? 10 MR. HASTINGS: I misspoke earlier. Lot 2 11 does have a house on it. 12 COMMISSIONER BELEW: That's probably -- 13 MR. HASTINGS: It's not just a shed. 14 There's a concrete slab that looks like it was maybe a 15 shed or something at one time, a driveway that goes up 16 to it, and then there is a residential house on their 17 proposed lot, Lot 2. I just wanted to clarify that. 18 COMMISSIONER LETZ: Lot 2, but not Lot 1? 19 MR. HASTINGS: But not Lot 1. Lot 1 is 20 vacant. But all of the access will be on the left side 21 and right now it is on the right but they want to go 22 away from that and have a common access point on the 23 left and TxDOT won't allow them to have two points of 24 access. 25 COMMISSIONER BELEW: And that won't 66 1 interfere with any existing structure? 2 MR. HASTINGS: No, sir. 3 JUDGE KELLY: I have a question. 4 COMMISSIONER LETZ: Okay. 5 JUDGE KELLY: My question is, why are we 6 approving anything at this point when we're really kind 7 of in negotiations with these people -- 8 COMMISSIONER LETZ: Sure. 9 JUDGE KELLY: -- and see what they come back 10 with on the next concept plan? 11 COMMISSIONER MOSER: Well, we're saying -- 12 we're saying let's approve the concept if they make that 13 revision, which we think is -- 14 JUDGE KELLY: I can't hear Commissioner 15 Moser. I'm sorry. 16 COMMISSIONER LETZ: The motion was that -- 17 what Commissioner Moser said was to approve the concept 18 plan to keep -- if they accept it they don't have to 19 come back. If they don't like it, they will come back. 20 And this way they want to have something firm from the 21 Court before they start spending the money on the 22 division I think. 23 COMMISSIONER MOSER: Right. 24 COMMISSIONER LETZ: Normally you're correct, 25 Judge. Normally we do not take action on concept plans. 67 1 But we do sometimes. 2 JUDGE KELLY: Well, we really don't know 3 what's motivating why they're asking for what they're 4 asking for. 5 COMMISSIONER BELEW: Yeah. That's right. 6 JUDGE KELLY: I think I heard Charlie that 7 they're just trying to keep their options open. And 8 seems like to me we need to have a little bit more open 9 conversation with them if they have to come back and 10 talk to us about a concept plan that we can actually 11 have some input in too. 12 COMMISSIONER LETZ: Either way will 13 accomplish the same thing, I think. 14 COMMISSIONER MOSER: Sure. 15 COMMISSIONER BELEW: And you'll be in 16 contact with them, Charlie? 17 MR. HASTINGS: Yes, sir. 18 COMMISSIONER MOSER: Okay. We got a motion 19 and second. 20 COMMISSIONER LETZ: Okay. We've got a 21 motion and a second. Any further discussion? 22 COMMISSIONER BELEW: Don doesn't look like 23 he likes this conversation. 24 COMMISSIONER HARRIS: Y'all go ahead. 25 COMMISSIONER LETZ: All in favor raise your 68 1 right hand. Opposed. Abstain. 2 You're opposed? 3 JUDGE KELLY: Yeah. 4 COMMISSIONER LETZ: So three to one to one. 5 Motion's approved. 6 All right. We're going to go ahead and go 7 into closed session at this point of the meeting. It is 8 10:17. 9 MR. SORENSEN: Just one second. 10 Commissioner Letz, depending on which item we're going 11 to take up, the Court would need to have a vote to 12 consider our -- to do the contract discussion part -- 13 COMMISSIONER LETZ: Okay. 14 MR. SORENSEN: -- and take notice of it. 15 COMMISSIONER LETZ: Thank you, Jason. 16 Before we go into Executive Session we need to -- which 17 item was it. The -- 18 JUDGE KELLY: It's 4.1(a) in the written 19 report. We're going to need to have a vote and already 20 have a written opinion from Ms. Stebbins -- 21 COMMISSIONER LETZ: Okay. 22 JUDGE KELLY: -- to approve same. 23 COMMISSIONER LETZ: So we need a vote. It's 24 on 4.4, right? 25 JUDGE KELLY: Yes, it is. 69 1 COMMISSIONER LETZ: On 4.4 we need a vote 2 that we need to go into closed session to -- it would be 3 detrimental if we do not go into closed session to 4 discuss the real estate transaction in open session. 5 COMMISSIONER BELEW: I move that we go into 6 Executive Session. 7 COMMISSIONER HARRIS: Second. 8 COMMISSIONER LETZ: Motion and second to go 9 into closed session on Item 4.4 regarding contract 10 negotiations for real estate. Any further discussion? 11 All those in favor raise your right hand. Unanimous. 12 All right. Now, it is 10:19 and we'll go 13 into closed session. 14 (Executive Session.) 15 COMMISSIONER LETZ: Okay. We're back in 16 open session at 10:56, and they're will be no action, I 17 don't believe, on anything in closed session, so we are 18 adjourned. 19 * * * * * * 20 21 22 23 24 25 70 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 Regular Commissioners' Court. 9 Dated this the 22nd day of August, A.D. 10 2020. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/31/2021 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25