1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, August 24, 2020 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioners' Comments. 8 4 1.1 Consider, discuss and take appropriate 11 action regarding update, facility use and 5 other matters related to COVID-19. 6 1.2 Consider, discuss and take appropriate 17 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. Recognize Blake Mills from Center Point FFA 17 11 for being elected as the new Texas State FFA President for 2020/2021. 12 1.4 Consider, discuss and take appropriate 23 13 action to request a place for a memorial bench for Bob Dittmar at the Hill Country 14 Youth Event Center. 15 1.5 Presentation of 2019 TAC Risk Management 26 Pool's Safety Award by Larry Boccaccio. 16 1.6 Consider, discuss and take appropriate 29 17 action on request for county funding for non-profit Outpatient Substance Abuse and 18 Treatment for Hill Country Council on Alcohol & Drug Abuse, Inc. 19 1.7 Passed. 20 1.9 Consider, discuss and take appropriate 41 21 action to approve a Kerr County Proclamation naming August 26th as the "Women's Suffrage 22 Day" in honor of the 100th Anniversary of the 19th Amendment granting women the right 23 to vote. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.10 Consider, discuss and take appropriate 44 action on a request to use the courthouse 4 grounds on September the 26th from 10 a.m. to 2:00 p.m. for the "National and Global 5 Day of Prayer and Repentance". 6 1.11 Consider, discuss and take appropriate 49 action to administer the Statement of 7 Elected/Appointed Officer, Oath of Office, and approve Bond for Reagan Givens as 8 Deputy Constable Precinct #2, and authorize County Judge to sign same. 9 1.8 Consider, discuss and take appropriate 51 10 action regarding the recycling trailers. 11 1.15 Public hearing for the revision of plat 67 for Brown Acres, Block 1, Lots 1 and 2. 12 1.16 Consider, discuss and take appropriate 68 13 action for the Court to approve the revision of plat for Brown Acres, Block 1, 14 Lots 1 and 2, Volume 7, Page 151. 15 1.17 Public Hearing to abandon and discontinue 68 all of Lange Lane E., approximately 1.02 16 miles. 17 1.18 Consider, discuss and take appropriate 69 action to abandon and discontinue all of 18 Lange Lane East, approximately 1.02 miles. 19 1.19 Consider, discuss and take appropriate 70 action for the Court to set a public 20 hearing for 10 a.m. on September 28, 2020 for a revision of plat for Elm Pass Ranch 21 No. 2, Lots 21 and 22, Volume 3, Page 100. 22 23 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.20 Consider, discuss and take appropriate 71 action for the Commissioners' Court to 4 approve the school striping contract with Pavement Markings, Inc., Donna, Texas 5 78537 for centerline striping on Kerrville Country Dr. N. (Pct. 1), Coker Rd. S. 6 (Pct. 1), Upper Turtle Creek Rd. S.(Pct. 1), Loma Vuelta Rd. S.(Pct. 2), Peterson Farm 7 Rd. N.(Pct. 2), Hermann Sons Rd. E.(Pct. 3), Lane Valley Rd. E. (Pct. 3), and school 8 crosswalk bars on Skyview Dr. W.(Ingram Elementary, Pct. 4), School Ln. SW.(Hunt 9 School, Pct. 4) and six locations on Ranchero Rd. S., and one location on Valley 10 View Rd. S.(Nimitz School, Pct. 1 and Pct. 2). 11 1.21 Consider, discuss and take appropriate 73 action regarding vehicle traffic safety 12 in Center Point in the proximity of Mosty Lane and 2nd Street. 13 1.22 Consider, discuss and take appropriate 82 14 action on an order expressing official intent to reimburse with tax-exempt 15 obligation proceeds for costs associated with constructing, acquiring and equipping 16 real property and various improvements within the County. 17 1.23 Consider, discuss and take appropriate 82 18 action on an order by the Commissioners' Court of Kerr County, Texas authorizing 19 the issuance, sale and delivery of Kerr County, Texas limited tax refunding bonds, 20 Series 2020, approving the sale thereof pursuant to a negotiated underwriting, a 21 competitive sale or a private placement, approving and authorizing the execution 22 of all other instruments and procedures related thereto, delegating authority to 23 the County Judge or the County Auditor to determine the method of sale, to select 24 outstanding obligations to be refunded and approve all final terms of, and other 25 matters relating to, the bonds, and providing for an immediate effective date. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.24 Consider, discuss and take appropriate 83 action to approve the Municipal Advisory 4 Agreement with RBC Capital Markets, LLC. 5 1.25 Consider, discuss and take appropriate 98 action to approve the General Provisions 6 for FY 2020-2021. 7 1.26 Consider, discuss and take appropriate 99 action to set a Public Hearing on proposed 8 Kerr County Budget for FY 2020-2021 at 9:45 a.m. on September 14, 2020, and authorize 9 County Clerk to publish notice of the Public Hearing. 10 1.27 Consider, discuss and take appropriate 100 11 action to approve Proposed Salary Increases for Elected County and Precinct 12 Officials for Kerr County, FY 2020-2021, and authorize County Clerk to publish same. 13 1.28 Consider, discuss and take appropriate 102 14 action to approve the base salaries for elected officials for FY 2021. 15 1.29 Consider, discuss and take appropriate 103 16 action to take a record vote on the proposed 2020 Kerr County tax rate. 17 this will be a combined tax rate for Kerr County and Lateral Roads. 18 1.30 Consider, discuss and take appropriate 108 19 action to set the date and time to hold a public hearing for the 2020 tax rate 20 for Kerr County and Lateral Roads. 21 1.31 Consider, discuss and take appropriate 110 action to set the date and time for 22 adoption of the 2020 tax rate for Kerr County and Lateral Roads. 23 1.32 Consider, discuss and take appropriate 112 24 action to take a record vote on the proposed 2020 Lake Ingram Estates Road 25 District tax rate. 6 1 I-N-D-E-X 2 NO. PAGE 3 1.33 Consider, discuss and take appropriate 115 action to set the date and time to hold 4 a public hearing for the 2020 tax rate for Lake Ingram Estates Road District. 5 1.35 Consider, discuss and approve the 118 6 appointment of Alternate Judges for the term of one(1) year in accordance 7 with the Texas Election Code Section 32. 8 1.12 Consider, discuss and take appropriate 120 action to replace Kerr County Sheriff 9 Office Unit #2, a 2018 Chevrolet Tahoe VIN #1GNLCDEC8JR233367, which was totalled 10 during a pursuit on August 7, 2020. 11 1.13 Consider, discuss and take appropriate 122 action to approve a $500 donation from a 12 citizen for the Sheriff's Equipment Fund. 13 1.14 Consider, discuss and take appropriate 123 action to approve donating six spare 14 Motorola radios to the Center Point Volunteer Fire Department. 15 1.36 Consider, discuss and take appropriate 125 16 action to adopt a Hazardous Pay Policy for Kerr County. 17 1.37 Consider, discuss and take appropriate 142 18 action to approve the Statewide Automated Victim Notification Services(SAVNS) grant 19 contract for Fiscal Year 2020, and allow County Judge to sign same. 20 2.1 Pay Bills. 144 21 2.2 Budget Amendments. 145 22 2.3 Late Bills. 145 23 2.5 Accept Monthly Reports. 146 24 2.6 Court Orders. 146 25 7 1 I-N-D-E-X 2 NO. PAGE 3 3.3 Status reports from Liaison Commissioners. 147 4 1.38 Consider, discuss and take appropriate 150 action on recommendation to purchase 5 property located at 424 and 550 Earl Garrett Street, Kerrville, Texas. 6 1.39 Consider, discuss and take appropriate 162 7 action on recommendation to purchase property located at 600 Earl Garrett 8 Street, Kerrville, Texas. 9 1.40 Consider, discuss and take appropriate 166 action for issuance and payment of earnest 10 monies for properties located at 424, 550, and 600 Earl Garrett Street, Kerrville, 11 Texas. 12 *** Adjournment. 167 13 *** Reporter's Certificate. 168 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25 8 1 JUDGE KELLY: The Kerr County Commissioners' 2 Court will come to order. It's Monday, August the 24th, 3 9 o'clock in the morning, and the Commissioners' Court 4 will be in session. And the prayer and the pledge will 5 be led by Commissioner Harris. If you would please 6 rise. 7 (Prayer and Pledge of Allegiance.) 8 JUDGE KELLY: Please be seated. This is 9 part of the agenda where we invite public input. Anyone 10 that would like to address the court may do so at this 11 time, as long as it is not a topic on our agenda. If 12 it's a topic on the agenda, we ask that you wait and 13 address it at the time that topic is addressed. So with 14 that, do we have -- and by the way, we do have my phone 15 here that you can call in. That number is 830-792-6161. 16 Any public input? 17 Okay. With that, let's go to Commissioner 18 Comments. 19 COMMISSIONER BELEW: Are we going to start 20 with me? 21 JUDGE KELLY: Precinct 1. 22 COMMISSIONER BELEW: Precinct 1. Not a 23 whole lot to report. People that are watching the power 24 lines go up on 16 South, that's coming along. Anybody 25 seen that? Wondered what was going on? It's LCRA and 9 1 they're putting in new power lines. And so that project 2 seems to be coming along. And we actually, believe it 3 or not, you guys always think I'm lying but I had a 4 little tiny bit of rain last night, so -- it don't last 5 long, but -- 6 COMMISSIONER HARRIS: You drink those. 7 COMMISSIONER BELEW: What? 8 COMMISSIONER HARRIS: You drink those. 9 COMMISSIONER BELEW: I do not. So there's 10 not much going on in Precinct 1. And no -- no fires 11 lately, so that's good. 12 JUDGE KELLY: Good. Precinct 2. 13 COMMISSIONER MOSER: Pass. 14 JUDGE KELLY: Precinct 3. 15 COMMISSIONER LETZ: Got a little bit more 16 rain than you. The eastern part of the Precinct ended 17 up with about a 10th of an inch, plus or minus. Maybe a 18 little bit more, a little bit less depending on where 19 you were. That was good. 20 Very nice service yesterday for Dr. Dittmar. 21 Very well attended. And with what Commissioner Harris 22 said, Karen told me this morning it's about the first 23 time in six months that we had both boys at school. So 24 maybe things are getting back to normal, hopefully. 25 Hopefully they all stay safe. That's it. 10 1 JUDGE KELLY: Good. Precinct four. 2 COMMISSIONER HARRIS: Well, Ingram School 3 started last Monday and I talked to Bobby Templeton, the 4 Superintendent this morning and he said all is well. It 5 went smooth. And went to a volleyball game last Friday 6 night and the Ingram girls looked tough. They're state 7 ranked. I don't know exactly where, but look good. So 8 it was -- it was fun. 9 JUDGE KELLY: Good. Countywide I think 10 y'all knew that I was meeting with the Texas Indigent 11 Defense Commission Friday. And they -- there were ten 12 applicants for that Regional Public Defender's Office 13 grant. They gave -- they awarded five. We were rated 14 number one and we were unanimously approved for a two 15 and a half million dollar grant for the five-county 16 project. So that's before the Commissioners. We've got 17 one more vote. 18 COMMISSIONER BELEW: Well, with that kind 19 of -- 20 JUDGE KELLY: We're confident. 21 COMMISSIONER BELEW: We've got some 22 momentum. 23 JUDGE KELLY: We do. We feel good. 24 COMMISSIONER MOSER: Superb. 25 JUDGE KELLY: Okay. With that, I think this 11 1 is the Dub and Dub show here. Consider, discuss and 2 take appropriate action regarding the update, facility 3 use and other matters related to our COVID-19 crisis. 4 MR. THOMAS: Good morning, Judge. Good 5 morning, Commissioners. Hope y'all had a good weekend. 6 Okay. The report for the last two weeks as we're now 7 doing this on the regular Commissioners' Court meetings. 8 Basically, we're just going to go back over the numbers 9 again. 10 The numbers that we posted on Friday. Total 11 tested to date by Peterson is 4,496. Texas Military 12 Forces testing is 812. Nursing homes were -- we've done 13 675 folks at one time. Curative tests were 782, total 14 tests are 6,765. And we've had 431 COVID positive cases 15 in Kerr County. Three of those cases came on -- were 16 reported on Friday. Two people were hospitalized as of 17 Friday. 18 Over the weekend we did have -- we added two 19 more fatalities to our number. One was added on Friday 20 and then when I was preparing this report for today, 21 yesterday evening I noticed that number nine had been 22 posted on the DSHS website. 23 COMMISSIONER MOSER: Dub, it's interesting 24 to note the number of positives versus those tested, 25 it's constant at six percent. Every single week -- 12 1 MR. THOMAS: Pretty close. 2 COMMISSIONER MOSER: -- it's the same, about 3 six percent, right? 4 MR. THOMAS: I'm hoping that starts to drop 5 because we're starting to see -- we're only getting like 6 one, two or three case a day rather than five, 10 or 15 7 cases a day. 8 COMMISSIONER MOSER: Okay. 9 MR. THOMAS: So I'm hoping that that number 10 will gradually drop. Our active recovered statistics, 11 total active cases on Friday were 17. Of course, now 12 over the weekend nothing has been posted for DSHS, 13 particularly not for Region 8 anyway, and those are the 14 numbers that I use. 15 The total recovered cases are 422. And 16 again, we've had nine total fatalities. The age data, 17 it -- I'm starting to see the age bracket of 75 to 79, 18 and 80 plus is starting to creep up. And we did have 19 one -- one case last week where -- of an infant that was 20 less than one year old was tested COVID positive. 21 Again, our primary age group is from 20 to 22 60. Pretty much of all the working class for Kerr 23 County is -- is testing COVID positive. So -- but 24 again, I think those numbers are starting to drop. 25 We're seeing, like I said, two, three, sometimes one 13 1 case a day. Hopefully that's starting to level out and 2 we'll stay at that rate and maybe -- I'd like to see 3 some zeros for a change. 4 We are doing COVID testing today at the 5 Youth Event Center from 8:00 to 4:00. It's the Curative 6 test. The cheek swab. No appointment is needed and no 7 doctor referral is needed either. So anybody can show 8 up between 8:00 and 4:00 and get tested. 9 COMMISSIONER MOSER: And about 24 hour 10 turnaround or something like that? 11 MR. THOMAS: 24 to 48. They'll either 12 notify you via text or e-mail or both. 13 JUDGE KELLY: Okay. That's what we 14 expected, right? 15 MR. THOMAS: Yes, sir. 16 JUDGE KELLY: Gradually better. 17 MR. THOMAS: Gradually better. 18 JUDGE KELLY: Gradually. 19 MR. THOMAS: Gradually. And as long as -- I 20 think -- I think as long as we continue to practice what 21 the Center for Disease Control and Department of State 22 Health Services recommends, the masks, social distancing 23 and personal hygiene, I think -- I think we'll 24 eventually have this whipped. 25 JUDGE KELLY: And I think that's especially 14 1 true over the next few weeks now that we're getting -- 2 the other schools are starting now. 3 MR. THOMAS: Right. 4 JUDGE KELLY: And with the 14 day incubation 5 period, we should know probably in two or three weeks if 6 we're going to have another blow up. And if we don't 7 then that's really, really good news and we can be 8 informed of that. 9 MR. THOMAS: It would be a good sign. 10 COMMISSIONER BELEW: Well, I -- I'm curious. 11 I keep watching the death rates. And since about the 12 20th of July, the death rate goes up and up and up. 13 It'll come down a little bit and go back up. There's 14 not a day that I've seen that we haven't had as many or 15 twice as many or three times as many deaths in the State 16 of Texas as we had before the mask mandate. And I've 17 not seen anybody address that, look at the numbers, talk 18 about it. They talk about positive cases and that's it. 19 So what do we make of that, do you think? 20 MR. THOMAS: I don't have an explanation for 21 you, Harley. I don't -- I just don't have an 22 explanation. 23 COMMISSIONER BELEW: It was like 104 people 24 this morning when I checked it. 25 MR. THOMAS: Uh-huh. 15 1 COMMISSIONER BELEW: We've had days where 2 we've had as many as 675 people. That, we thought, was 3 because of people coming across the border. But every 4 day since the mask mandate that 14-day incubation period 5 from the 5th to the 20th, the death rate has gone up in 6 the State of Texas. It has -- it has occasionally 7 dipped down to pre-mask -- 8 MR. THOMAS: Levels? 9 COMMISSIONER BELEW: -- levels. But it 10 stays twice as many, three times as many, four times as 11 many. And all the emphasis is on positive cases instead 12 of the death rate. I thought we were trying to avoid 13 the death rate. So -- nobody talks about it. It's 14 clearly in the numbers. If you look at the stats. I 15 want to point that out to everybody. Being ignored by 16 the Governor and everybody else. 17 COMMISSIONER HARRIS: Well, that -- that 18 along with the cases that are in the hospital, you know. 19 That along with those two -- 20 COMMISSIONER BELEW: Those are the two we're 21 concerned with. 22 COMMISSIONER HARRIS: Exactly. And how many 23 do we have in the hospital right now? 24 MR. THOMAS: We have two here. As of 25 Friday. And I don't know if it's -- 16 1 COMMISSIONER HARRIS: Yeah. And that's -- 2 JUDGE KELLY: We got down to zero the first 3 part of last week. 4 MR. THOMAS: Yeah, we were down to zero for 5 one or two days and then we picked up one or two. I 6 think we've -- the highest we've had, I believe, was 7 seven at one time. 8 JUDGE KELLY: You know, speaking of which, 9 for those of you that did not see the live stream of Bob 10 Ditmarr's service yesterday at the Youth Event Center, 11 it was remarkable the way they were able to socially 12 distance people by groups and families. And people did 13 wear masks, and filled up the -- the whole main hall, 14 one of the rooms, and I understand we had 200 that were 15 live streaming. But all of the preventative measures 16 that had been recommended were complied with. It was 17 pretty remarkable. 18 COMMISSIONER LETZ: And on that note, hats 19 off to Jake for figuring out how to position chairs and 20 keep people separated and in small groups and I don't 21 know where that guidance came from or if he just figured 22 it out. But it was very well done from the standpoint 23 of how you placed chairs and -- 24 JUDGE KELLY: Well, I saw those Parks and 25 Wildlife Troopers. I think they had something to do 17 1 with organizing that probably. 2 COMMISSIONER HARRIS: Well, that was their 3 third in a row. They had one Friday, Saturday and then 4 yesterday. 5 JUDGE KELLY: Okay. Thank you, Dub. 6 MR. THOMAS: Yes, sir. Thank y'all. 7 JUDGE KELLY: Let's go on to my part of the 8 show, 1.2 consider, discuss and take appropriate action 9 regarding the Local State of Disaster Due to the Public 10 Health and Economic Emergency Proclamation that I signed 11 on March the 24th and we extended until terminated by 12 order of this Court on March the 30th. I don't think 13 anybody's ready to terminate that order, are they? 14 Okay. So with that let's go on to 1.3 15 recognize Blake Mills from Center Point FFA for being 16 elected the new Texas State FFA President for 2020/2021. 17 COMMISSIONER HARRIS: Well, I can start off. 18 I want to get Blake in here because this is an extremely 19 prestigious honor. There's over 140,000 FFA members in 20 Texas, okay, right at that. It'll be more this year, 21 that was last year's numbers. 22 There's over 11 hundred schools that have an 23 FFA program. And for him to lead an organization, to be 24 voted president to lead such a large well-organized 25 group, it's incredible to come from Kerr County. I'm 18 1 extremely pleased to see this. 2 And I -- I will throw out some other things, 3 too. This doesn't happen by accident. He's a smart 4 young man, but he also -- his Ag teachers had something 5 to do with it. Morgan Meyer and Ron Balzer. You've 6 gotta have that support. If you don't have good Ag 7 teachers, you know, you just die on the vine. So 8 everything is laid out, and of course it's a lot of hard 9 work on this young man. 10 I've been following him for four years now. 11 He's -- I know you're not going to brag but I'm going to 12 make you brag. Entomology, didn't y'all win that in 13 State? 14 MR. MILLS: My Junior year we were fourth in 15 entomology in State. 16 COMMISSIONER HARRIS: Okay. 17 MR. MILLS: And then for quiz we were fourth 18 my Junior year, and then we were State champions. 19 COMMISSIONER HARRIS: Which is incredible 20 out of all these 11 hundred chapters and stuff. So I 21 want to turn it over to you. Will you tell us a little 22 bit about what you've been through or what's coming up? 23 MR. MILLS: Yes, sir. I want to first thank 24 you for having me here and for your kind words. But 25 like Mr. Harris has said, I've just been recently 19 1 elected as the Texas FFA State President. I had -- at 2 the end of July I had gone under a rigorous process in 3 Georgetown, Texas, to be elected to this team. There 4 are about 12 -- there are 12 people that are elected 5 each year to the State Officer Team depending on the 12 6 areas of Texas. But the top two are elected to defer a 7 year of college. 8 Thankfully, my teammate, Emilee Sanderson 9 from the Blackwell FFA Chapter from Area II, and I will 10 be -- typically in years past we would be traveling the 11 state, three schools a day, five days a week. But 12 unfortunately, due to the COVID-19 pandemic, we will be 13 doing that from a virtual platform this year as of right 14 now. 15 But through that rigorous process, I was 16 elected. And my duties as the Texas FFA President, I 17 have a spot on the Executive Board, I conduct and 18 preside over meetings for Texas FFA, and we're simply 19 developing leadership curriculum for students across the 20 State. 21 Like Mr. Harris had said, there are about 22 140,000 students. But understanding that right now 23 teachers and students are facing a critical time and 24 there is a make it or break it for a lot of chapters. 25 And so this year may look a little bit different for the 20 1 travel team, but I'm excited for this challenge. 2 You may wonder what FFA is and I know 3 there's a lot of people that don't know. But as the 4 students that take agricultural education courses 5 through the agriculture food and natural resources 6 career cluster, which is career and technical education. 7 This is the largest student organization in 8 the State. And so this is an incredible honor for me to 9 represent not only the State, but Kerr County and Center 10 Point. And so it's FFA's mission to develop students to 11 premier leadership, personal growth, and peer success. 12 And it's more important than ever since my generation is 13 one year removed from production agriculture. Whether 14 students want to pursue agriculture or not as their 15 career, it's more important that they I understand 16 agricultural literacy. 17 And so, one of my things that I value as an 18 FFA officer in this next year that I can move forward is 19 that every student has a position in FFA. Like 20 literally everyone has the opportunity to wear this 21 jacket, whether you're from an agricultural background 22 or not. Whether you're from the suburbs of Dallas or 23 simply just a small community of Ingram and Center 24 Point, you can have a position and you can develop as a 25 leader and really do some incredible things. 21 1 And so I really thank y'all for having me 2 here today. 3 COMMISSIONER HARRIS: Well, Blake, one other 4 thing I would like you to expand on is as you see Future 5 Farmers of America, now what is it? 6 MR. MILLS: It's now the National FFA 7 organization. And that's because in 1988 they're 8 reflecting diversity of this organization. It was just 9 not farmers anymore. We're really developing students. 10 We're making the most well-rounded students possible. 11 Like I said, you don't have to pursue an 12 agricultural career. But it's more important than ever 13 that we make those more versatile students that really 14 develop career leadership, personal growth and career 15 success. And it's my belief that there's no better 16 place than the FFA for that. 17 COMMISSIONER MOSER: How long have you been 18 in FFA as a member? 19 MR. MILLS: Well, I've been in FFA for -- 20 like active membership for Texas FFA for five years, 21 since the 8th grade, but unique to Texas FFA is junior 22 membership. And so students in FFA -- and when they're 23 eight years old, during the third grade, they can 24 participate in major livestock shows. 25 COMMISSIONER MOSER: Okay. Fantastic. 22 1 MR. MILLS: Yes, sir. 2 JUDGE KELLY: We've got a certificate for 3 you, but I've misplaced it. 4 MR. MILLS: That's okay. 5 JUDGE KELLY: But don't leave. My boss is 6 looking for it in my office. I think it's in my 7 briefcase. 8 COMMISSIONER LETZ: Congratulations, Blake. 9 We're excited for you. 10 (Photograph being taken.) 11 JUDGE KELLY: I don't know if it's 12 politically correct if -- should we shake hands or not? 13 AUDIENCE: I guess it's your own choice. 14 JUDGE KELLY: Why don't we do fist bumps. I 15 think that's better. 16 MR. MILLS: Okay. 17 JUDGE KELLY: Congratulations. 18 MR. MILLS: Thank you. 19 JUDGE KELLY: Okay. Let me sign this. 20 COMMISSIONER HARRIS: Fresh ink. 21 COMMISSIONER LETZ: Blake, do you know when 22 the last time Kerr County had the president? 23 COMMISSIONER HARRIS: Never. 24 COMMISSIONER LETZ: Never? 25 MR. MILLS: Never. 23 1 COMMISSIONER HARRIS: That an easy one. 2 I've had a lot of my good students come through but it's 3 a tough hill getting to that point. 4 VOICE: Thank you. 5 COMMISSIONER HARRIS: Congratulations. I 6 mean his first year of college -- and maybe even more 7 depending on if he runs for National Office. One in 8 six -- one in six FFA members are from Texas nationally. 9 COMMISSIONER MOSER: Wow. 10 JUDGE KELLY: I want to make a motion that 11 we pass the Resolution that I just handed to Blake. 12 COMMISSIONER HARRIS: I'll second it. 13 JUDGE KELLY: Those in favor raise your 14 hand. Unanimous. Congratulations. Thank you very much 15 for representing Kerr County. 16 VOICE: Thank you very much. 17 JUDGE KELLY: Okay, item 1.4 consider, 18 discuss and take appropriate action to request a place 19 for a memorial bench for Bob Dittmar at the Hill Country 20 Youth Event Center. Ms. Vick. 21 MS. VICK: Hi. I'm Kristi Vick and I'm 22 representing a lot of friends and family of Bob Dittmar 23 who you know tragically passed away on August 8th. And 24 there's a lot of organizations that -- that he was a 25 part of. Most of them had to do with the AG Barn or now 24 1 the Youth Event Center. And there's several 2 organizations that -- that the family has provided for 3 money to be donated to, but as friends and family we're 4 requesting a more permanent donation. 5 We'd like to place a bench in his honor at 6 the youth ranch. It would all be placed and funded by 7 his friends and family. It would look something like 8 this. It could be moveable, which then they would be 9 allowed to move it from outside, inside, underneath the 10 windows, or on any occasion, or we can make it 11 stationery so it's not moveable. Whichever the Court 12 prefers. 13 But we would like -- as his children and his 14 grandkids are still very active at the AG barn showing 15 animals and -- and we'd like in some way to make some 16 kind of permanent memorial to him and all his years of 17 service. 18 He served as President and also served on 19 the Kerr County Farm Bureau and FFA, and on many 20 organizations that were held there at the AG barn. 21 COMMISSIONER LETZ: I'll move for approval. 22 COMMISSIONER HARRIS: I second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Letz, and seconded by Commissioner Harris 25 to approve the memorial for Bob Dittmar at the Hill 25 1 Country Youth Event Center. Is there any other 2 discussion? 3 COMMISSIONER LETZ: Only a comment, Vicki -- 4 Kristi, I mean. I'd get with our Maintenance Department 5 and Jake Williamson as to the location to place it. 6 MS. VICK: Okay. 7 COMMISSIONER LETZ: And I would recommend a 8 permanent location. 9 MS. VICK: Okay. 10 COMMISSIONER MOSER: I support Bob Dittmar 11 did a lot for the County. I think 20 some years ago he 12 was my vet so -- until he went on to other things. But 13 I think, you know, we'll put it on the agenda in the 14 future. I think we need to have a policy by which we do 15 this rather than just catch as catch can. I think this 16 is a unique application though. So I think we need to 17 think about it. Because there will be other people 18 coming with other things but that's a separate agenda 19 item for the future. So -- but I support it. 20 JUDGE KELLY: Okay. Any other comments? 21 COMMISSIONER BELEW: No. 22 JUDGE KELLY: Well, everybody knows how I 23 feel about Bob Dittmar. Great man. Those in favor 24 raise your hand. Unanimous, five zero. 25 MS. VICK: Thank you very much. 26 1 JUDGE KELLY: Thank you. 2 COMMISSIONER MOSER: Thank you. 3 COMMISSIONER LETZ: Thank you, Kristi. 4 JUDGE KELLY: 1.5. Larry Boccaccio. 5 MR. BOCCACCIO: Good morning. 6 JUDGE KELLY: Yes, sir. 7 MR. BOCCACCIO: I come bearing gifts. 8 COMMISSIONER LETZ: And money? 9 MR. BOCCACCIO: You remember the big check? 10 I have to tell y'all, this is my first trip out of 11 Austin since March 13th. So it felt wonderful driving 12 up the highway today. So here I am. I'll be brief. 13 It says Kerr County earned safety 14 achievement award from TAC Risk Management Pool. Kerr 15 County has earned a 2019 safety achievement award from 16 the Texas Association of Counties for its record of 17 commitment to safety in the work place as well as for 18 controlling the County's workers compensation claims. 19 Through its commitment to save practices among County 20 employees, Kerr County works to reduce employee injuries 21 and obtain substantial savings for taxpayers by 22 minimizing workers compensation costs. 23 So we can add this to the -- I don't know 24 how many are hanging out there on the wall. 25 JUDGE KELLY: A bunch. 27 1 MR. BOCCACCIO: But there's a bunch. 2 JUDGE KELLY: And we're proud of each and 3 every one of them. 4 MR. BOCCACCIO: And we kind of redid the 5 award so -- 6 COMMISSIONER MOSER: Good deal. 7 COMMISSIONER HARRIS: Very good. 8 JUDGE KELLY: Yeah, I think it's important 9 for the public to know that we've won this award every 10 year that -- that I can remember in recent years. 11 MR. BOCCACCIO: It has been, Judge. It's 12 been -- I've lost count to be honest with you, I really 13 have. If -- if I have a County that calls me and asks 14 for something regarding Road & Bridge, I refer them to 15 Kelly. That -- that's my number one call. She has 16 always been there and you've got a great administrator 17 out there. So keep her happy. 18 JUDGE KELLY: We're very much aware of that. 19 And we appreciate all she does. 20 MR. BOCCACCIO: And thank you all for doing 21 what you do and keep doing it. This would have actually 22 been presented at the County Management in Galveston 23 but, as we all know, I was sitting at home watching the 24 four walls close in. Once again, it was a pleasure 25 being here. Who should I leave it with? 28 1 COMMISSIONER LETZ: Jody. 2 JUDGE KELLY: Jody. The boss. 3 COMMISSIONER LETZ: Larry, how many -- how 4 many counties get this award annually? 5 MR. BOCCACCIO: Only five this year got that 6 award. 7 COMMISSIONER MOSER: Wow. 8 MR. BOCCACCIO: Out of our territory. Out 9 of Victor's and my territory. 10 COMMISSIONER LETZ: Okay. 11 COMMISSIONER MOSER: But out of the state, 12 how many? 13 MR. BOCCACCIO: I think we had maybe 20. 14 Total. So what's that, top ten percent? 15 JUDGE KELLY: We're well into top 10 16 percent. 17 COMMISSIONER MOSER: 12 percent. 18 MR. BOCCACCIO: Yeah. 19 COMMISSIONER LETZ: And for the public, why 20 this is important to them is that this keeps our -- our 21 insurance rates low -- 22 MR. BOCCACCIO: Absolutely. 23 COMMISSIONER LETZ: -- and saves us a lot of 24 money. 25 MR. BOCCACCIO: Workers comp is just like 29 1 auto liability. You know, the more you use it the more 2 it costs. So -- 3 JUDGE KELLY: Well, we love the savings but 4 we -- we really love having our workers safe and 5 unharmed. 6 MR. BOCCACCIO: That's it. That's 7 absolutely it. Once again. Thank y'all. Good seeing 8 you. 9 JUDGE KELLY: Thank you. 10 COMMISSIONER HARRIS: Thank you, Larry. 11 MR. BOCCACCIO: You're welcome. 12 JUDGE KELLY: Item 1.6 consider, discuss and 13 take appropriate action on request for county funding 14 for non-profit Outpatient Substance Abuse and Treatment 15 for Hill Country Council on Alcohol & Drug Abuse, Inc. 16 Geoffrey Elliott. 17 MR. ELLIOTT: Your Honor and Commissioners, 18 thank you for having me. I could easily go through and 19 rattle off vital statistics about our agency. Am I 20 coming through on the mic okay? 21 JUDGE KELLY: You can take your mask off to 22 speak. 23 MR. ELLIOTT: All right. 24 So I can rattle off vital statistics about 25 the Hill Country Council on Alcohol & Drug Abuse, which 30 1 has been operating in Kerr County since 1991 and since 2 1992 as a 501(c)3 non-profit. I know that the 3 Commissioners are aware of the services we provide. I 4 note the next item on the agenda so I have seen that the 5 paperwork got to you on that. 6 What doesn't show up on that is that over 7 the last five fiscal years we have served 449 outpatient 8 clients, of whom 71 percent were from Kerr County. And 9 55 percent were -- have been funded from a DSHS fee for 10 service contract. 11 Now, I got an e-mail middle of last month 12 saying, as you know, your contract is not being renewed. 13 It seems to have gotten swallowed up by COVID. 14 Unfortunately, the need that it has been addressing has 15 not diminished and looks actually like it's going to be 16 increasing. 17 We have seen reports from the CDC and other 18 places that substance use is -- substance use and 19 substance abuse are on the increase owing to prevailing 20 stressors. This is something that we've seen happen 21 time and time again. It spiked after 2008 as well due 22 to the economic downturn. 23 So we're losing access to the contract. It 24 has provided 40 to 45 thousand dollars a year in revenue 25 for us, approximately 18 percent of our operating costs. 31 1 It's a rather substantial blow to lose that. 2 Particularly as we're seeing more referrals 3 come in from local probation, including Kerr County, and 4 unfortunately from the Texas Department of Family and 5 Protective Services. Now, those clients are funded from 6 a separate pool and that part's all right. 7 What I'm worried about are the estimated 40 8 clients per year from Kerr County who would -- that -- 9 who would be receiving services from the lasting 10 contract and who now would either have to go to San 11 Antonio for treatment, which is not accessible for many 12 of them. I have a number of clients who walk to our 13 facility to do their appointments with us or have to 14 arrange for rides. Or they get to try to do Telehealth, 15 which given the topography and access, and limited 16 access to high speed internet, is something that's also 17 not really accessible for them. 18 These are people who, if they can't complete 19 a course of outpatient substance abuse treatment, may 20 find their probation revoked and then they have to go 21 back to jail, which takes them out of the community, out 22 of the workforce that many of them are participating in, 23 sometimes with two and three different jobs. 24 So what I am hoping to get from the County 25 is a sum of $32,000 for the coming fiscal year. And I 32 1 have the math to talk about why again, 40 clients we'd 2 expect for about a 16-week course of treatment and 3 asking for $50.00 a week to do their treatment, which is 4 less than we asked from the State but the State 5 generally has a larger funding pool to pull from as 6 well. 7 This would mean that one outpatient 8 completing the program would run up about $800 to the 9 County, as opposed to a conservative estimate close to 10 $5,500 that it would take to reincarcerate them based on 11 comptroller's numbers from the previous year. 12 So during the time they'd be with us and on 13 that funding, they would still be out in the community, 14 out working as plumbers and HVAC technicians and 15 automotive mechanics and wait staff and bank tellers and 16 grocery store cashiers and the number of other services. 17 Again, sometimes it's two and three different jobs. 18 They would be keeping themselves local. They wouldn't 19 be having to go down I-10 to the closest state funding 20 treatment facility and this is per a phone call from 21 DSHS last week, which again is San Antonio. It is -- 22 they'd have to go to San Antonio to get that which, 23 again, for many of them is not workable. 24 So that's the basic idea, would be to that 25 and if Commissioners are willing to spend that funding, 33 1 I will, of course, be immensely grateful and happy to 2 discuss details of that probably in a different venue 3 than this where we can sit down and crunch numbers and 4 get all that. 5 COMMISSIONER BELEW: Well, my question, 6 Mr. Elliott, is is this primarily for counseling? 7 MR. ELLIOTT: It is substance abuse 8 treatment counseling, yes. 9 COMMISSIONER BELEW: What's the treatment 10 part? 11 MR. ELLIOTT: The counseling is itself the 12 treatment. They work through -- it's a -- work through 13 a 16-week program primarily through motivational talk 14 and cognitive behavioral therapies administered by two 15 licensed chemical dependency health personnel. 16 COMMISSIONER BELEW: And this is required -- 17 this is part of a requirement when they go through the 18 Court system? 19 MR. ELLIOTT: For many of the clients it is 20 a probation requirement. And that's actually the bulk 21 of referrals that we've gotten that have been on that 22 contract. 23 We, unfortunately, given the nature of the 24 work, we do get referrals from a number of sources. CPS 25 is the next largest one after the local courts, excuse 34 1 me, and they, again, as with them, they face substantial 2 legal proceedings if they don't complete it, you know. 3 It's usually for either a deferred adjudication or 4 coming out of incarceration and trying to make sure that 5 they get straight and stay straight. Don't relapse and 6 don't run into the same trouble that landed them in the 7 courts to begin with. 8 COMMISSIONER MOSER: So they're on 9 probation. This is a condition of their probation? 10 MR. ELLIOTT: For many of them. Not all but 11 many. 12 COMMISSIONER MOSER: So what -- like you 13 said there are 40 out of Kerr County. What percentage 14 of those are on probation? 15 MR. ELLIOTT: We would expect about 36 of 16 every -- of -- out of those 40. So about 36 percent. 17 COMMISSIONER MOSER: 36 percent. About a 18 third -- 19 MR. ELLIOTT: Yes, sir. 20 COMMISSIONER MOSER: -- of them are on 21 probation? 22 MR. ELLIOTT: Yes, Sir. 23 COMMISSIONER MOSER: So you said you -- you 24 didn't get a notification of funding because of COVID? 25 MR. ELLIOTT: I mean, we -- we got the 35 1 notification that the contract is ending. That it is 2 not being renewed. 3 COMMISSIONER MOSER: But you said that was 4 because of COVID? 5 MR. ELLIOTT: The notices for -- the notices 6 that normally proceed of, hey, you should renew your 7 contract now, seemed to have been lost in that. I 8 didn't -- previous practice and under my predecessor at 9 the agency, the contract management had e-mailed and 10 said, hey, your contract is about to lapse, you need to 11 put in the renewal paperwork. That seems somehow to 12 have gotten lost, and because I am very new in the 13 position, I don't know if they just lost track -- 14 COMMISSIONER MOSER: That's kind of a major 15 thing to let fall through the crack. 16 MR. ELLIOTT: That is, yes. 17 MRS. STEBBINS: And if I may interrupt, I 18 think that the probationers pay for the courses 19 themselves, if I'm not mistaken. I believe the 20 probationers pay for the treatment through their 21 probation department themselves as part of their Court 22 orders when they're placed on probation. 23 COMMISSIONER MOSER: Say that again. 24 MRS. STEBBINS: Probationers are required to 25 pay for courses that they have to take as adult 36 1 probationers and oftentimes this is one of them. And if 2 I'm not mistaken, I believe that they are required to 3 pay for this type of treatment. 4 COMMISSIONER MOSER: So the Courts pay for 5 it? 6 MRS. STEBBINS: No. The probationers -- 7 JUDGE KELLY: No, the Courts order them. 8 COMMISSIONER BELEW: The person? 9 MRS. STEBBINS: Yes. The person that is 10 placed on probation oftentimes end up paying for the 11 classes that they have to go through. 12 COMMISSIONER MOSER: I gotcha. I see. 13 Okay. 14 MRS. STEBBINS: As well as probation fees. 15 COMMISSIONER MOSER: So you're asking the 16 County to pay for $800 for each one of these 40 people? 17 MR. ELLIOTT: Yes, sir. 18 COMMISSIONER MOSER: And so another question 19 is, why now? I mean, maybe it's because you just 20 realized it fell through the crack, but we've been 21 through this, you know, and a lot of other not for 22 profits and things like this that came to Commissioners' 23 Court asking for help. 24 And we've already -- you know, we're a long 25 way down the road on our budget for next year. So it's 37 1 kind of late in getting here. 2 MR. ELLIOTT: I -- I understand that, sir. 3 I brought it up as soon as I became aware of it and was 4 conclusively told by the State that no further 5 assistance from them would be forthcoming. I spent 6 several weeks arguing with Austin to try and get it 7 reinstated. 8 COMMISSIONER MOSER: And because they're not 9 going to fund you just because you're late? 10 MR. ELLIOTT: That was their opinion on it. 11 Yes, sir. 12 COMMISSIONER BELEW: So, if the probationers 13 from Kerr County pay for it themselves, where -- what 14 would be -- what will -- what are we being asked to pay 15 for? 16 MR. ELLIOTT: The probationers pay for such 17 classes as DWI education and prevention, drug offender 18 education, which are outside of the outpatient treatment 19 program and separate terms of probation. The actual 20 substance abuse treatment counseling had been something 21 that the State had paid for. 22 COMMISSIONER BELEW: But if that's Court 23 ordered treatment that doesn't go along with probation? 24 MR. ELLIOTT: That's -- I'm not sure I 25 understand the question, sir. 38 1 COMMISSIONER BELEW: Upon being released 2 from jail or whatever, you're required to go to these 3 classes? 4 MR. ELLIOTT: Yes, sir. 5 COMMISSIONER BELEW: That sounds like to me 6 that that would tie into probation somewhere? 7 MR. ELLIOTT: That -- probation sends them 8 to us or other sources send them to us. Probation -- 9 the probation department does not send us money to pay 10 for that. They tell us to put them on State -- check 11 their financial eligibility and then put them on State 12 contract if they are unable to pay themselves. 13 COMMISSIONER BELEW: So what the County 14 Attorney said was that probationers are required to pay 15 for this -- these counseling sessions themselves. There 16 would be a means test. And if they can't pay for it 17 then that's where this funding would come in? 18 MRS. STEBBINS: I don't know what it looks 19 like after the means test and who pays for it after 20 that, but when they're required to attend like the DWI 21 education class or alcohol awareness classes, they have 22 to pay for it themselves. So I don't know where the 23 substance abuse treatment counseling -- where that -- 24 how that's different, but what it sounds like is they 25 could be required to pay for it but State's been funding 39 1 it if they can't afford it and now State's not going to 2 fund it if they can't afford it, and I don't know what 3 that looks like for the probationers or even -- even how 4 the Courts order it. But I can only imagine that they 5 would be required to pay for it if they're required to 6 do it. 7 COMMISSIONER BELEW: So does this not in 8 some way, shape, or form fall under indigent heading 9 some way? 10 MRS. STEBBINS: Well, it sounds like 11 that's -- they have to make application to qualify for 12 it to be provided by the State, but now the State's 13 saying they're not going to pay for that. 14 COMMISSIONER LETZ: Are there other entities 15 that provide this service? 16 MR. ELLIOTT: There are other entities that 17 provide substance abuse treatment counseling. MHDD is 18 perhaps the big one. Creekview Counseling is another 19 easily accessible one. However, they will also not have 20 those contracts with the State for the coming fiscal 21 year and that's, again, what DSHS themselves told me on 22 that. 23 COMMISSIONER MOSER: How does this relate to 24 AA? 25 MR. ELLIOTT: We often refer clients to AA 40 1 as a supplement and as a way to help them maintain their 2 sobriety after their outpatient treatment is done with 3 us. We also do offer individual counseling for persons 4 who want to continue, and we do have a few, usually not 5 those who have been funded by DSHS, in other words, 6 knowing the financial issues. But I -- but we do have 7 people who stick with us even after they have completed 8 their Court required course of treatment to help 9 themselves stay clean. 10 COMMISSIONER LETZ: I mean, I don't mean to 11 -- it sounds like what you do is very worthwhile, very 12 good, but I don't think it's the County's responsibility 13 to pay for it. 14 COMMISSIONER HARRIS: I agree. 15 JUDGE KELLY: Well, I know we don't have the 16 money in this deficit budget that we're working on. 17 COMMISSIONER LETZ: Good luck in the future, 18 but I can't support it. 19 COMMISSIONER HARRIS: Watch the deadline. 20 JUDGE KELLY: Okay. 21 COMMISSIONER MOSER: But thank you. 22 MR. ELLIOTT: Thank you for your time. 23 Would you like me to stick around for the next part? 24 JUDGE KELLY: Well, the next part is the 25 contract that you've sent me. And it's for the Kerr 41 1 County Court and that's my Court. 2 MR. ELLIOTT: Yes, sir. 3 JUDGE KELLY: And I only handle juveniles, 4 mental health patients and probate cases. So I don't 5 have anyone that's indigent. 6 MR. ELLIOTT: All right. 7 JUDGE KELLY: County Court at Law, that has 8 misdemeanors, or the two district courts upstairs that 9 handle the felonies might have some of them referred to 10 you, but I don't have anything to send. 11 MR. ELLIOTT: I understand. I appreciate 12 y'all's time. 13 JUDGE KELLY: Okay. Thank you. 14 COMMISSIONER LETZ: Good luck. 15 JUDGE KELLY: And we'll pass 1.7 and move on 16 to -- it's 9:40. We have a timed -- several timed items 17 at 9:30 so I'm going to ask Commissioner -- we'll come 18 back to 1.8. 19 We'll go straight to 1.9, which is Patriot 20 Club, and that is consider, discuss and take appropriate 21 action to approve a Kerr County Proclamation naming 22 August 26th as the "Women's Suffrage Day" in honor of 23 the 100th anniversary of the 19th Amendment granting 24 women the right to vote. Yes, sir. 25 MR. WOLFF: Good morning. I'm Jerry Wolff. 42 1 I live at 509 North Buckboard, and I'm with the Kerr 2 County Patriots Club. We're here this morning to note 3 that this August 26th marks the 100th anniversary of the 4 certification of the 19th Amendment of our nation's 5 Constitution. This amendment gave women the right to 6 vote. 7 The Patriots Club wholeheartedly supports 8 the Constitution of the United States and encourages the 9 Commissioners' Court of Kerr County to represent to all 10 of the citizens of Kerr County to officially acknowledge 11 the importance of the 19th Amendment to our County's 12 past, present, and future wellbeing. 13 We ask you to do this by proclaiming August 14 the 26th the 100th anniversary of women's suffrage in 15 Kerr County. And now is Brenda Hughes to read the 16 Proclamation. Thank you. 17 COMMISSIONER BELEW: You've got your own 18 announcer, Brenda. That's nice. 19 JUDGE KELLY: Miss Hughes is no stranger to 20 this Court. Welcome. 21 MS. HUGHES: I'm taking off my County cap -- 22 improvement hat and putting on my Patriots hat. If you 23 could pass that to the Judge, please. 24 Good morning. Brenda Hughes, 709 Galbraith 25 Avenue. And on behalf of the Kerr County Patriot Club, 43 1 I'd like to read this 19th Amendment to you. 2 Whereas: The President of the United States 3 has designated August 26th the anniversary date of the 4 certification of the 19th Amendment which culminated a 5 72-year non-violent campaign to extend the right to vote 6 to women as a symbol of the continued fight for equal 7 rights; and 8 Whereas, for women of the United States have 9 united to assure that these rights and privileges are 10 available to all citizens equally; and 11 Whereas, the 19th Amendment, which granted 12 women the right to vote, was passed by Congress on 13 June 4th, 1919, and ratified on August 18th, 1920; and 14 Whereas, the women -- that women have been a 15 part of the settlement, growth and success of Kerr 16 County since its founding in 1856; and 17 Whereas, the women of Kerr County are to be 18 commended and supported in their organizations and 19 activities. 20 Now, therefore, be it resolved that 21 Commissioners' Court of Kerr County, Texas, does hereby 22 proclaim August 26th, 2020, the 100th Anniversary of the 23 19th Amendment for women's suffrage in Kerr County. And 24 the Patriot Club is requesting your signature on that 25 Proclamation. 44 1 COMMISSIONER MOSER: Move for approval on 2 the Proclamation. 3 COMMISSIONER HARRIS: Second. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: Motion's been made by 6 Commissioner Moser, seconded by Commissioner Harris to 7 approve the Proclamation celebrating the 100th 8 Anniversary of the 19th Amendment. Any other 9 discussion? 10 COMMISSIONER HARRIS: Worthy cause. 11 JUDGE KELLY: Those in favor raise your 12 hand. Unanimous, five zero. 13 COMMISSIONER MOSER: Be sure and vote. 14 MS. HUGHES: Thank you. 15 JUDGE KELLY: Thank you very much. And I 16 believe we've got you back here on September 12th, 17 right, Mr. Wolff? 18 MR. WOLFF: Yes, sir. We'll be here. Loud 19 and strong. 20 JUDGE KELLY: Social distance. 21 MR. WOLFF: Okay. 22 JUDGE KELLY: Next timed item at 9:30 is 23 Item 1.10 consider, discuss and take appropriate action 24 on a request to use the courthouse grounds on September 25 the 26th from 10 a.m. to 2:00 p.m. for the "National and 45 1 Global Day of Prayer and Repentance". Yes, sir. 2 MR. JEFFERS: Good morning. 3 JUDGE KELLY: Mr. Jeffers, good to see you 4 again. 5 MR. JEFFERS: Good to see you, sir. 6 COMMISSIONER HARRIS: You can take that off 7 while you speak. 8 MR. JEFFERS: Okay. I do have a couple 9 handouts if y'all want them. Just a little information. 10 JUDGE KELLY: Well, introduce Ms. Rhoades to 11 me. I don't -- 12 MR. JEFFERS: Oh, I'm sorry. 13 MS. RHOADES: I'm sorry. I'm Kim Rhoades. 14 MR. JEFFERS: Kim Rhoades. 15 JUDGE KELLY: Good. 16 MR. JEFFERS: Took 35 to camp this year, 17 guys. 18 JUDGE KELLY: Good. 19 MR. JEFFERS: We had an awesome time. Thank 20 y'all so much for everything you've done. 21 This is a time to call our nation back 22 together. Like Jonathan Cahn has called this, I guess 23 you might say, there's a lot of the pastors that can 24 afford it, it's going to be in Washington on the 26th, 25 and they're going to be playing there in Washington. 46 1 And they're asking for churches around the nation to 2 gather at their courthouses and have a gathering and 3 have prayer, and we've opened the floor to pastors if 4 they'd like to share a short message and -- and just 5 come together. 6 And Jonathan Cahn called it return. Here in 7 America we know it as revival. Through scripture and 8 old testament called it return, but we call it revival. 9 And we're looking to -- to bring revival back into the 10 hearts of people in their life. 11 Adopted two little boys and I would dearly 12 love to give them some kind of America that I grew up 13 with. And we are very quickly, I feel like, losing 14 that. And so we're looking at things that come the 26th 15 from 10:00 until 2:00, I believe it is there, that the 16 prayer time will be from 11:00 to 1:00 but we need setup 17 time and tear down time so we've added a little time to 18 that. 19 COMMISSIONER HARRIS: I'll move for 20 approval. 21 COMMISSIONER BELEW: Second. 22 JUDGE KELLY: Okay. Motion's been made by 23 Commissioner Harris, seconded by Commissioner Belew to 24 approve the request to use the courthouse grounds on 25 September 26th for the "National and Global Day of 47 1 Prayer and Repentance". Any other discussion? 2 COMMISSIONER LETZ: Judge, I feel as a 3 stipulation we usually have about COVID and distancing. 4 JUDGE KELLY: Yes. What -- what we do on 5 these outside gatherings is I need you to submit a 6 written COVID safety plan. 7 MR. JEFFERS: Okay. 8 MS. RHOADES: You already have it in your 9 packet. 10 COMMISSIONER HARRIS: He does on this last 11 page. 12 JUDGE KELLY: Okay. 13 COMMISSIONER HARRIS: It's handwritten. 14 COMMISSIONER MOSER: That's good. 15 MRS. GRINSTEAD: It is. It's in your 16 handout. 17 JUDGE KELLY: Okay. 18 COMMISSIONER LETZ: Okay. 19 MR. JEFFERS: Ms. Kim took care of that. 20 JUDGE KELLY: That's just customary. 21 MR. JEFFERS: Yes, sir. 22 JUDGE KELLY: It's -- it's -- we're just 23 trying to do what we're supposed to do. 24 MR. JEFFERS: Oh, I hear ya. I hear ya. 25 JUDGE KELLY: Any other discussion? Those 48 1 in favor raise your hand. Unanimous, five zero. 2 MR. JEFFERS: Thank you, sir. A couple of 3 questions I was -- I was asked to ask is, we do have two 4 banners we'd like to put up maybe on the corners. Would 5 that be an issue there if we put up some banners? 6 COMMISSIONER HARRIS: That day? 7 MR. JEFFERS: Yes, sir, that day. 8 MS. RHOADES: Oh well, we'd like to 9 advertise it a couple weeks in advance. 10 COMMISSIONER BELEW: Is that a separate 11 agenda item? 12 JUDGE KELLY: That is a separate agenda 13 item. We just need to put it on the Agenda. 14 COMMISSIONER BELEW: Yeah. We -- we do 15 that. But it has to fall under another agenda item. 16 MR. JEFFERS: Okay. 17 MS. RHOADES: Okay. So some of the other 18 logistics that we would like to ask for, would that also 19 go in a separate agenda item? So I understand that the 20 County has chairs, we would like to request chairs, as 21 well as electricity and podium to accommodate this. 22 COMMISSIONER BELEW: We don't have a podium. 23 COMMISSIONER MOSER: Just -- yeah, we do. 24 Yeah, I think they do at the AG barn. 25 JUDGE KELLY: What we really need to do is 49 1 get together with our Maintenance Director and -- 2 COMMISSIONER HARRIS: He's standing out -- 3 right out front. 4 JUDGE KELLY: He's the redheaded guy right 5 there with his face mask around the corner. And work 6 out all that and just come back. And those are pretty 7 pro forma but -- but if it's not written into the agenda 8 item legally we can't act. 9 MR. JEFFERS: Okay. 10 JUDGE KELLY: And -- and not too long ago we 11 got sued because we acted on something that wasn't 12 specific enough. So we're trying to be very careful 13 about that. 14 MS. RHOADES: Okay. Well, we'll get it 15 back -- 16 MR. JEFFERS: I understand. 17 MS. RHOADES: -- on your agenda. 18 JUDGE KELLY: Okay. 19 COMMISSIONER MOSER: Thank you. 20 MR. JEFFERS: Thank y'all so much. Y'all be 21 safe. 22 JUDGE KELLY: Okay. I have another timed 23 item at 9:30, which is 1.11 consider, discuss and take 24 appropriate action to administer the Statement of 25 Elected/Appointed Officer, Oath of Office, and approve 50 1 Bond for Reagan Givens as a Deputy Constable of 2 Precinct 2. 3 MR. GIVENS: Yes, sir. This is, I believe, 4 in our yearly bond that for myself that requires your 5 signature on it. 6 JUDGE KELLY: Okay. 7 COMMISSIONER BELEW: Do we have to do 8 anything? 9 COMMISSIONER LETZ: We have to approve the 10 bond and then the Judge will administer the oath. 11 JUDGE KELLY: Right. 12 COMMISSIONER LETZ: But I'll make a motion 13 that we approve the bond. 14 COMMISSIONER BELEW: I'll second. 15 JUDGE KELLY: Okay. Motion's been made to 16 approve the bond, and I will administer the oath myself. 17 And motion was made by Commissioner Letz, seconded by 18 Commissioner Belew. Those in favor raise your hand. 19 Five zero. Okay. Reagan. 20 JUDGE KELLY: Come on up here. 21 (Judge Kelly administered both oaths.) 22 JUDGE KELLY: I'll approve the bond and you 23 are legal. 24 MR. GIVENS: Thank you, sir. 25 JUDGE KELLY: Thank you. Okay. Let me 51 1 hurry up and let's go back to 1.8 and try to complete 2 that before we take a morning break, and that will get 3 us current. And that is consider, discuss and take 4 appropriate action regarding the recycling trailers. 5 MR. EVANS: Good morning, gentlemen. 6 COMMISSIONER LETZ: I'll announce -- I 7 talked to the City Manager. The City Manager says that 8 he is told that Republic is honoring their contract. 9 JUDGE KELLY: Is what? 10 COMMISSIONER LETZ: Is honoring their 11 contract to do recycling. That's all. 12 COMMISSIONER HARRIS: It's worth a thousand 13 words. 14 COMMISSIONER LETZ: And I mentioned that we 15 had voted that they weren't, and he just said well, 16 they're doing the best they can and he thinks that 17 they're honoring the contract from what they're telling 18 him. 19 COMMISSIONER BELEW: And the supervisor 20 there, who I tried to speak with, was on vacation this 21 week. 22 COMMISSIONER MOSER: And he said quit asking 23 the same question. 24 COMMISSIONER BELEW: Yeah. 25 COMMISSIONER MOSER: That's the third 52 1 time -- 2 COMMISSIONER BELEW: Nobody wanted to call 3 me back. 4 COMMISSIONER MOSER: That's the third time 5 we're asking. 6 COMMISSIONER BELEW: Yeah. 7 COMMISSIONER LETZ: And Shane has photos to 8 show. 9 JUDGE KELLY: So those photos are telling a 10 thousand lies, huh? 11 COMMISSIONER MOSER: No. It says -- it 12 doesn't say that they can't separate it. 13 COMMISSIONER HARRIS: Well, I -- I think our 14 citizens are -- are very adamant about -- some of them 15 about recycling, but the ones I've talked to also 16 realize they don't want to be spinning their -- spinning 17 their wheels collecting all this stuff and stuffing it 18 in recycle trailers and then it goes in the landfill. 19 And -- and it's not -- you know, it's no assurance, I 20 don't think, that that's not happening. 21 COMMISSIONER MOSER: Well, they -- Don, 22 they've said it three times. What other assurance do 23 you want? 24 JUDGE KELLY: That's what we're wondering. 25 They've said it three times. 53 1 COMMISSIONER HARRIS: Yeah. These pictures 2 kind of look the opposite though. 3 COMMISSIONER MOSER: Doesn't say you can't 4 separate. 5 COMMISSIONER BELEW: Well, what -- what do 6 you get from this? I'm not sure I understand what I'm 7 supposed to be getting out this, these pictures. 8 MR. EVANS: Our recycle -- when we -- we 9 pull in to unload recycle, it's going to be in Bay 1 or 10 the side entrance to Bay 1. That's where the recycle is 11 entered at. 12 COMMISSIONER BELEW: So the two and three 13 meaning you're not in the proper bay? 14 MR. EVANS: We're not in the proper bay. 15 Now, the guys were going to the Bay 1 and the 16 operator/loader waved him two, three. That's where 17 you're unloading. So, you know, we're -- we can't argue 18 with those guys' system. If we're told to unload there, 19 that's where we unload. 20 So that particular day, Wednesday or 21 Thursday, they had to unload the recycle in Bay 3, which 22 is always garbage. And there's no -- you don't separate 23 it there. There's no separating. 24 COMMISSIONER BELEW: Right. 25 MR. EVANS: You just put it on the -- on the 54 1 ground there. It's going to get pushed up into the 2 garbage. 3 COMMISSIONER HARRIS: And Shane was telling 4 me that that's not always the case, but that this 5 happens one in four times, one in three times or 6 whatever. I mean, that's the deal. 7 COMMISSIONER BELEW: Well, it could be it's 8 successful enough, and we know that it is, that they 9 can't keep up with it. All of the City of Kerrville 10 recycles. We recycle in the County. But maybe there 11 are certain days they can't do it. I mean, I -- I don't 12 know if this is a -- is a case a project fails to figure 13 out, or if we can figure it out ourselves but I've been 14 told something that sounded a little bit different in 15 the past than what we're hearing from the City. But I 16 couldn't verify it this last week. And it sounded like 17 this. When they're able to, they do it. When there's a 18 buyer for the recycle stuff, they're able to recycle. 19 When there's not, they can't. If you have an overflow, 20 what are you going to do with that? So -- 21 COMMISSIONER HARRIS: Kind of getting to the 22 point with maintenance that the -- the tail is wagging 23 the dog. Everything's revolving around the recycling. 24 Their day. And it's constant. And even -- especially 25 the one there at the facility, at maintenance facility. 55 1 It -- that's going around the clock virtually. And 2 those are -- a lot of them are people in the City that 3 have other access. But they're -- but it looks like 4 some of the commercial people are bringing stuff by 5 rather than taking it to the dump. 6 MR. EVANS: When we're bringing a small 7 utility trailer loaded with cardboard, it kind of -- I 8 mean, I didn't go ask them but is that normal household 9 cardboard or is that some commercial operation bringing 10 their cardboard? And I understand they want to get -- 11 COMMISSIONER MOSER: We don't restrict it to 12 household. That I know of. 13 COMMISSIONER BELEW: No, but it's a 14 different grade. It would be a better grade. 15 COMMISSIONER LETZ: Well, I think -- 16 COMMISSIONER MOSER: And cardboard -- I mean 17 cardboard is recyclable. 18 COMMISSIONER BELEW: Yeah, but a pizza box 19 is not the same as what came off an air conditioner, you 20 know, when you bring it in. It's not nasty. 21 COMMISSIONER LETZ: My point on this is -- 22 has been the same ever since we started the program, is 23 that we are largely subsidizing trash pickup for some 24 people that want to recycle or take the trash out. I 25 mean, I'm not going to get into this. You know, and 56 1 that's my issue with it is that, to me, we're spending 2 close to, you know, between 30 and 40 hours a month just 3 hauling this one trailer. Is this all the trailers or 4 just that one trailer? 5 MR. EVANS: That -- that one that the top 6 sheet is for the Hays Street location. 7 COMMISSIONER LETZ: And that's just for one 8 trailer we're spending that much time. And I don't 9 think it's efficient use of our manpower to continue the 10 program. 11 COMMISSIONER MOSER: Well, I think we could 12 separate the variables here. We could -- we could take 13 the word, that the City and Republic is recycling. 14 Okay. Just say that that's a given. Then we got the 15 other issue, is it worth County funds to provide 16 material for recycling? Because it does cost us a lot 17 of money. So I think the second thing is the big thing. 18 Do we want to spend the money recycling? That's -- 19 that's the issue. 20 MR. EVANS: With both -- and when we move 21 both trailers, I'll have two people tied up for 22 sometimes up to three and a half hours in the morning 23 just moving two trailers. 24 COMMISSIONER MOSER: Well, my -- my point 25 is, it's expensive. It's a big burden on maintenance to 57 1 do this. So the question is, do we want to continue to 2 recycle? That's -- that's what it amounts to. 3 COMMISSIONER BELEW: Well, the last time we 4 got to this point, though, there was a question about 5 the trailers and they were bought with grant money 6 and -- 7 COMMISSIONER MOSER: Right. Right. 8 COMMISSIONER BELEW: -- whether we -- 9 JUDGE KELLY: Through August. 10 COMMISSIONER MOSER: Right. 11 JUDGE KELLY: Next Monday. Next Monday. 12 COMMISSIONER BELEW: So we're at the point 13 where that would be the end of it. 14 JUDGE KELLY: Okay. It's completed. So 15 we've completed the obligation. 16 COMMISSIONER MOSER: Okay. 17 COMMISSIONER BELEW: All done. 18 MR. EVANS: We haven't been released from 19 the grant yet, but everything was turned in on August 20 20th -- 21 COMMISSIONER MOSER: Yeah. So that -- 22 MR. GIVENS: -- so it's over two years. 23 COMMISSIONER MOSER: -- that's the real 24 issue. Do we want to -- and as Commissioner Letz said, 25 I think it's a good point, do we want to continue doing 58 1 it? I know probably -- I was recycling probably half of 2 my stuff that I take out of my house is recyclable and 3 half is not. So it -- it's probably about 50 percent, 4 you know, we're going to -- into the landfill. But 5 that's -- it's about 10/40. Or if we we don't want to 6 pay for it, it's okay. 7 COMMISSIONER LETZ: But we're not 8 saying people can't recycle; we're saying the County is 9 not going to pay you to recycle or help subside the 10 recycling. 11 COMMISSIONER MOSER: Well, but how would the 12 people in -- outside the City -- it's -- the only place 13 they can recycle is to -- 14 COMMISSIONER LETZ: They could just take it 15 to the dump. 16 COMMISSIONER MOSER: No. 17 COMMISSIONER BELEW: Well, they're not -- 18 they don't -- 19 COMMISSIONER MOSER: They don't do that -- 20 they don't accept that anymore. 21 COMMISSIONER BELEW: Yeah. They don't -- 22 COMMISSIONER MOSER: You can't take it 23 there. They -- the City said that cost them $60,000 a 24 year so they eliminated taking it to the dump -- I mean 25 putting it in recycled containers. So people outside 59 1 the City just won't be able to recycle is what it 2 amounts to. And that's the decision. Or -- or we could 3 pay the City $60,000 a year and they'll put the 4 dumpsters out there for recycle. That's another option. 5 Because I asked the City Manager, I said, 6 What does it take to keep the dumpsters there for 7 recycling? He says, It will cost you $60,000 a year. 8 So -- 9 JUDGE KELLY: Well, I'm not sure what's 10 going on, but it sure feels like we're the ones getting 11 dumped on. Bad pun. 12 COMMISSIONER BELEW: There's a quote for the 13 paper. Ear plug. So one thing that hasn't been 14 mentioned in all of this and I -- I didn't know whether 15 I should or not. But one conversation I had with 16 Mr. Loveless at Republic Services, he said we don't 17 really have a contract with the County. Now -- 18 COMMISSIONER MOSER: True. 19 COMMISSIONER BELEW: -- Commissioner Moser 20 has mentioned that a lot. Our contract is with the 21 City, not with Republic. But if one of our vehicles 22 pulls up out there, I don't know that they've been told 23 we don't have a contract with the County. I don't know 24 that. That's the kind of stuff I've been trying to find 25 out and get a straight answer on. So that -- that's not 60 1 the kind of thing that they're going to have a written 2 policy about or somebody's going to want to tell you 3 that, I don't think. That could be some of it. The 4 County thing pulls up, we don't have a contract with 5 them, we're working through the City's contract. Do 6 they tell you to pull over into Bay 2 and 3 then? I 7 don't know. 8 And I didn't want to bring it up, it just 9 adds another question to this. But the bottom line on 10 it goes back down to the bottom line, which is that 11 we're not required to do this by any State Law or 12 anything else. It's costing a lot of money. And if we 13 were to go to dumpsters, it would cost twice what it's 14 costing now. 15 MR. EVANS: Yes, sir, it would. Yes, sir. 16 JUDGE KELLY: We're spending a lot of court 17 time week after week beating this same horse to death. 18 COMMISSIONER BELEW: Because nobody wants to 19 say let's dump this -- this project. 20 COMMISSIONER MOSER: So it -- but what -- 21 what do you think it costs, Shane, for a year to -- to 22 do the recycle? Trailers, man hours? Do you have a 23 ballpark? 24 MR. EVANS: I have last year period my man 25 hours which is -- will be more this year. Last year's 61 1 man hours were 570 man hours. 2 COMMISSIONER MOSER: 570 man hours. 570 -- 3 that's -- 4 COMMISSIONER LETZ: Half -- half of one 5 employee. 6 COMMISSIONER MOSER: So that's $25,000 a 7 year. So that's a lot less expensive than $60,000 to 8 pay for that dumpster from the City. 9 MR. EVANS: And that would be two -- two 10 employees. 11 COMMISSIONER MOSER: Huh? 12 MR. EVANS: That would be with two 13 employees. 14 COMMISSIONER MOSER: Yeah. 15 COMMISSIONER LETZ: Shane, that would be 16 each? 17 COMMISSIONER BELEW: So a thousand hours? 18 MR. EVANS: That was combined with two -- 19 two -- but it's more -- it's going to be more this year. 20 COMMISSIONER MOSER: So it's still a half a 21 man? 22 MR. EVANS: Right. It's still -- still less 23 than $60,000. 24 COMMISSIONER MOSER: Yeah. 25 JUDGE KELLY: Well, we -- we keep tiptoeing 62 1 around this thing. And it looks like to me rather than 2 continuing to talk about this week after week or every 3 two or three weeks, why don't we put together a 4 committee and bring us a report. And make a 5 recommendation so that we have some direction which way 6 to go. And they can analyze the cost. They can analyze 7 the efficacy of it. But if -- if we keep putting it on 8 the agenda and we sit here and just talk about it every 9 couple of weeks and we do nothing, nothing is going to 10 improve. So we need to get off high center. 11 COMMISSIONER LETZ: That's a good idea. 12 There's three options it appears. Continue, get an 13 agreement with the City and pay the City, and get an 14 agreement with Republic and pay Republic. Those are the 15 three options. Or just don't do it. 16 COMMISSIONER MOSER: Or -- or -- yeah, or -- 17 I think we've got all the data. I don't know if we need 18 a committee, Judge. I mean -- 19 JUDGE KELLY: Well, however you want -- 20 COMMISSIONER MOSER: Wait, just a second. 21 Shane said it's about half a man -- it's about half a 22 man year. So let's just assume it's three-quarters of a 23 man year. Okay, so that's -- that's 20 -- $30,000.00 a 24 year. Dumpsters are $60,000 a year. 25 So I think -- I don't think -- I mean that's 63 1 what it's going to boil down to. So I don't know that 2 we're not ready right now to say -- one thing you can 3 say is just discontinue the recycling. We don't have 4 any obligations according to Reagan, so I think we ought 5 to fish or cut bait. 6 MR. EVANS: Well, we've -- we've reached the 7 end of the reporting period. 8 COMMISSIONER MOSER: Okay. 9 MR. EVANS: I don't -- I don't know -- I 10 don't know when we can -- 11 COMMISSIONER MOSER: Well, I'll make a 12 motion that we stop recycling. 13 COMMISSIONER HARRIS: I'll second it. 14 JUDGE KELLY: Okay. Motion's been made by 15 Commissioner Moser, seconded by Commissioner Harris to 16 discontinue recycling. Any other discussion? 17 COMMISSIONER LETZ: Yes. I have a concern. 18 I don't want to stop it until I -- we're released from 19 the grant obligation. We've turned in the final 20 paperwork but I want a letter that we're done. 21 COMMISSIONER MOSER: Well, I -- I was 22 assuming that we were through with that. Okay. I 23 agree. 24 JUDGE KELLY: Okay. And you accept the 25 amendment? 64 1 COMMISSIONER HARRIS: Yes, I do. And I -- I 2 do want to say that I am not convinced that all our good 3 deeds of recycling are being rewarded in what we're 4 doing. And that's the problem. 5 COMMISSIONER MOSER: Well, I'm doing it 6 based on $30,000 -- 40,000 -- $30,000 a year. 7 COMMISSIONER BELEW: Right. 8 COMMISSIONER MOSER: Not -- not whether it's 9 being recycled or not. 10 COMMISSIONER HARRIS: And I'm doing it for 11 another reason so -- but we're coming together and 12 making the motion and seconding it because I -- I'm not 13 convinced that that stuff is being recycled from what 14 I'm seeing and hearing. 15 COMMISSIONER BELEW: It -- it goes against 16 my grain to just throw something away that I know can be 17 reused. 18 COMMISSIONER MOSER: Yeah. 19 COMMISSIONER BELEW: It's the way I was 20 raised. My momma said that it's a sin to throw away 21 something that can be reused. So -- 22 COMMISSIONER MOSER: And I think -- I think 23 a lot of people in the County believe that. I mean, 24 really. It's hard to throw away all the -- 25 COMMISSIONER BELEW: So it's a hard thing. 65 1 COMMISSIONER MOSER: -- plastic jugs and -- 2 I hate it. 3 COMMISSIONER HARRIS: Everybody our age, 4 especially. 5 COMMISSIONER MOSER: Yeah. The newspaper. 6 I hate to throw it away. 7 COMMISSIONER BELEW: But if it's not doing 8 what it's supposed to be doing and if it's costing us 9 the kind of money it is and we're not even required to 10 do it and we're now out of the obligation -- 11 COMMISSIONER LETZ: I would like to -- and 12 I'm in favor of this motion but I would still think we 13 need to look at talking to Republic and talking to the 14 City and get a hard number. I know you've talked to the 15 City Manager but, you know -- 16 COMMISSIONER MOSER: He said he'd put it to 17 us in writing. 18 JUDGE KELLY: So basically this is a motion 19 to discontinue -- 20 COMMISSIONER LETZ: The recycle. Correct. 21 JUDGE KELLY: -- but what I'm also hearing 22 is, there's an interest in exploring a redo if you could 23 make it work? 24 COMMISSIONER LETZ: Yeah. 25 COMMISSIONER MOSER: Well, let's -- let's -- 66 1 let me hold off the motion until we see if there's some 2 other way to skin this cat. 3 COMMISSIONER LETZ: Well, but -- 4 COMMISSIONER MOSER: But it looks like we've 5 got all the data. 6 JUDGE KELLY: Wait a minute -- 7 COMMISSIONER BELEW: So what's your line, 8 Judge, you're strongly in favor of both sides? 9 JUDGE KELLY: I feel strongly both ways. 10 COMMISSIONER BELEW: Feel strongly in both 11 ways. 12 COMMISSIONER MOSER: Commissioner Letz wants 13 to see if there are some other options. 14 COMMISSIONER LETZ: No. I'm ready to go 15 forward right now. 16 COMMISSIONER BELEW: Well, we can -- we can 17 do that later. 18 COMMISSIONER LETZ: To me, the recycle 19 trailers aren't working in my mind. And they're 20 dangerous. They're taking a lot of man hours and cost 21 the County a lot of money. 22 COMMISSIONER MOSER: So this -- this agenda 23 item is on trailers. So the motion stands. Okay. 24 COMMISSIONER HARRIS: I know I've got a lot 25 of people in Hunt that are big on recycling, but they're 67 1 also big on not wasting their time if it's not being 2 done properly. 3 COMMISSIONER BELEW: And this would give us 4 an opportunity, if we decide to reenter this realm, to 5 start clean, know exactly where everything is, dot the 6 I's, cross the T's. 7 JUDGE KELLY: Restart the conversation. 8 COMMISSIONER BELEW: Yes. 9 COMMISSIONER MOSER: Okay. 10 JUDGE KELLY: Okay. Those in favor raise 11 your hand. Unanimous, five oh. Frustrating, but 12 necessary. 13 COMMISSIONER MOSER: But no committee. 14 COMMISSIONER BELEW: We won't be 15 misreporting. 16 JUDGE KELLY: Let's take a break and come 17 back here at 10:15. We have a very long docket so we're 18 going to try to go quickly through the next few items. 19 (Break.) 20 JUDGE KELLY: Court will come back to order. 21 Timed items at 10 o'clock. We will start with 1.15. 22 This is a public hearing for the revision of plat for 23 Brown Acres, Block 1, Lots 1 and 2. 24 So I've convened the public meeting. Is 25 there anyone here that would wish to address the Court 68 1 in this public meeting? None. 2 There being none, then I will adjourn the 3 public meeting and we'll move on to Item 1.16 consider, 4 discuss and take appropriate action for the Court to 5 approve the revision of plat for Brown Acres, Block 1, 6 Lots 1 and 2. Charlie Hastings. 7 MR. HASTINGS: Thank you. We just held the 8 public hearing. Nobody spoke. This proposal revises 9 the lot line between Lots 1 and 2. It did not change 10 the lot sizes. Both lots are in the floodplain and must 11 meet the requirements for development within a 12 floodplain. 13 The County Engineer request the Court 14 approve the revision of plat for Brown Acres - Block 1, 15 Lots 1 and 2, Volume 7, Page 151, Precinct 4. 16 COMMISSIONER HARRIS: I move for approval. 17 COMMISSIONER LETZ: Second. 18 JUDGE KELLY: Motion's been made by 19 Commissioner Harris, seconded by Commissioner Letz to 20 approve the revision of the plat for Brown Acres, 21 Block 1, Lots 1 and 2. Any discussion? Those in favor 22 raise your hand. Unanimous, five zero. 23 Let's convene another public meeting. This 24 is Item 1.17. To abandon and discontinue all of Lange 25 Lane East, approximately 1.02 miles. Precinct 3. 69 1 I'm convening the public meeting. Would 2 anyone like to address the Court? 3 There being no one, then I will adjourn the 4 meeting and we will move on to Item 1.18, which is to 5 consider, discuss and take appropriate action to abandon 6 and discontinue all of Lange Lane East, approximately 7 1.02 miles. Precinct 3. Charlie Hastings. 8 MR. HASTINGS: Thank you. We just held the 9 public hearing. Nobody spoke. 10 Again to recap, Roger D. Cagle and Cynthia 11 B. Cagle own all of the property that is served by Lange 12 Lane East in Precinct 3, i.e., both sides of the road 13 for the entire length of the road, and have requested 14 that the road be abandoned and discontinued so they can 15 gate it off from the public. 16 A public hearing was just held today, August 17 24th, 2020. According to Texas Statutes, the Court may 18 order public roads laid out, discontinued, closed, 19 abandoned, vacated or altered. The Statute defines the 20 relevant terms today. Abandon, to relinquish the 21 public's right-of-way in and use of the road, and 22 discontinue, to discontinue the maintenance of the road. 23 The County Engineer recommends that the 24 Court consider, discuss and take appropriate action for 25 this request to abandon and discontinue all of Lange 70 1 Lane East, approximately 1.02 miles, Precinct 3. 2 COMMISSIONER LETZ: I'll make a motion that 3 we abandon and discontinue all of Lange Road East, 4 Precinct 3. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Letz, seconded by Commissioner Harris to 8 discontinue use and abandon all of Lange Lane East in 9 Precinct 3. 10 COMMISSIONER MOSER: Was this a county road? 11 COMMISSIONER LETZ: Yes. 12 COMMISSIONER MOSER: So why was it ever a 13 county road? 14 COMMISSIONER LETZ: It used to serve a 15 number of different property owners but the Cagles have 16 purchased all of the properties that adjoin that road. 17 COMMISSIONER MOSER: All right. Thank you. 18 JUDGE KELLY: Okay. Any other discussion? 19 Those in favor raise your hand. Unanimous, five zero. 20 Move on to 1.19 consider, discuss and take 21 appropriate action for the Court to set a public hearing 22 for 10 o'clock a.m. on September the 28th, for a 23 revision of plat for Elm Pass Ranch No. 2, Lots 21 and 24 22. 25 MR. HASTINGS: Thank you. This proposal 71 1 subdivides two lots into four lots. Lot 21, 9.27 acres, 2 and Lot 22, 19.84 acres, will be revised into Lot 21A, 3 11.67 acres, and Lot 22A, 6.03 acres, Lot 22B, 5.64 4 acres, and Lot 22C, 5.72 acres. The property access and 5 frontage -- road frontage to all the lots will be on Elm 6 Pass II. 7 The County Engineer requests the Court set a 8 public hearing for 10 a.m. on September 28th, 2020 for a 9 revision of plat for Elm Pass Ranch No. 2, Lots 21 and 10 22, Volume 3, Page 100, Precinct 2. 11 COMMISSIONER MOSER: So move. 12 COMMISSIONER BELEW: Second. 13 JUDGE KELLY: Okay. Motion's been made by 14 Commissioner Moser, seconded by Commissioner Belew to 15 set a public hearing for September the 28th at 10 16 o'clock for a revision of plat for Elm Pass Ranch No. 2, 17 Lots 21 and 22. Any other discussion? Those in favor 18 raise your hand. Unanimous, five zero. Thank you, Mr. 19 Hastings. 20 Moving right along, let's go to Item 1.20, 21 which is to consider, discuss and take appropriate 22 action for the Commissioners' Court to approve the 23 school striping contract with Pavement Markings, Inc. in 24 Donna, Texas for centerline striping on Kerrville 25 Country Drive, Coker Road, Upper Turtle Creek Road, Loma 72 1 Vuelta Road, Peterson Farm Road, Hermann Sons Road, Lane 2 Valley Road, and school crosswalk bars on Skyview Drive, 3 as well as School Lane, and six locations on Ranchero 4 Road, and one location on Valley View Road. Kelly 5 Hoffer. 6 MS. HOFFER: Hi. 7 JUDGE KELLY: Quite the striping contract. 8 MS. HOFFER: I have before you the proposed 9 pavement markings for this fiscal year. I did get two 10 quotes. I know the -- this company that is the same 11 company that I'd like to use that we used last year, but 12 it was requested by the Court that I also get an 13 additional quote, and I did. And that quote was 14 $9,979.76 more. So it was a company we've used in the 15 past. But the County Attorney has reviewed the contract 16 and I'm just looking for approval. 17 COMMISSIONER BELEW: Is this restriping or 18 new striping? 19 MS. HOFFER: It is restriping. 20 COMMISSIONER BELEW: Okay. 21 MS. HOFFER: But there is one location on 22 the first 500 feet of Peterson Farm Road that got 23 realigned that is going to be new striping. 24 COMMISSIONER MOSER: Move for approval. 25 COMMISSIONER BELEW: Second. 73 1 JUDGE KELLY: Motion's been made by 2 Commissioner Moser, seconded by Commissioner Belew to 3 approve the striping contracts with Pavement Markings, 4 Inc. Is there any other discussion? 5 COMMISSIONER LETZ: Question. Where is 6 there striping on Lane Valley and Hermann Sons? 7 MS. HOFFER: It's the very beginning. And 8 Hermann Sons is after -- I think it's -- we did the 9 beginning section up to the -- I think the bridge, and 10 then they're going to stripe a little bit past that and 11 I think to about where that curve is where the Boerner's 12 are at, so -- 13 COMMISSIONER LETZ: But that hasn't been 14 striped before, has it? 15 MS. HOFFER: Some of it has. Some of it 16 through the bridge reconstruction, the approaches and I 17 think the bridge has been striped before and that was 18 through TxDOT. 19 COMMISSIONER LETZ: Okay. 20 JUDGE KELLY: Okay. There being no other 21 discussion, those in favor raise your hand. Unanimous, 22 five zero. 23 MS. HOFFER: Thank you. 24 JUDGE KELLY: One more for you, Ms. Hoffer. 25 1.21 consider, discuss and take appropriate action 74 1 regarding vehicle traffic safety in Center Point in the 2 proximity of Mosty Lane and 2nd Street. And I do 3 have -- Mr. Shults, I do have your request to speak. 4 COMMISSIONER MOSER: Do you want to 5 summarize this, Charlie? 6 MR. HASTINGS: Yes, sir. I will. 7 Commissioner Moser put this item on the Agenda, and 8 Kelly and I are listed on there as well to give backup 9 information, give a little history. 10 At the intersection of Mosty Lane and 2nd, 11 we've been looking at that intersection a couple years 12 ago and the results of that because of some special 13 circumstances was the installation of some speed humps. 14 Those were installed on Mosty Lane and on 2nd to address 15 that intersection. 16 There's some sight visibility issues. 17 There's -- the road is being utilized by the property 18 owners on both sides. They have both sides of the road. 19 And they have warehouses that have been there in 20 existence for decades. They've been operating a 21 landscape business there for a century, maybe. 22 Something like that. 23 COMMISSIONER LETZ: Forever. 24 MR. HASTINGS: And it's just -- it's a 25 hazard that they have noted. People come around that 75 1 corner. They can't see. They may have a piece of 2 equipment in the road and people are having to throw 3 their brakes on. So they asked could we put some speed 4 humps in. They've recently contacted us and said we 5 don't believe the speed humps are effective from the 6 standpoint that folks will either slow down, go over 7 them and speed up to make up for lost time or -- or go 8 around them. That is -- exactly what they said is 9 happening. 10 You will also find that if you do studies on 11 speed humps, especially in Florida, there was a big push 12 for speed humps everywhere. And about 10, 12 years ago 13 there was a big push to take them all out because of 14 exactly what I just said. And what they have reported 15 the same thing has happened. 16 So they've asked, can we come out and look 17 again and they've asked specifically for a multi-way 18 stop at that intersection. State Law is going to 19 require that we perform an engineering study. And the 20 first thing we'll do is gather traffic data. Which we 21 have traffic counters, I believe, were set on Friday of 22 last week to gather a week's worth of data and then 23 we'll go from there. 24 So this would be something we would bring 25 back to the Court to present the result of data, present 76 1 to you what State Law says about multi-way stops, when 2 and where and how you can have them and why, and the 3 data that support them or that doesn't support them and 4 let you guys make a decision based off of that. 5 JUDGE KELLY: So is there any action we're 6 going to take today? 7 MR. HASTINGS: Today there -- there wouldn't 8 be. But I think what we would do is when we come back 9 we would separate the issues. The speed hump issues 10 would be one issue and the stop signs would be another. 11 Both of them would require public hearings. A public 12 hearing to remove the speed humps, because we had a 13 public hearing to have them installed. 14 We also, in order to have those -- both 15 those speed humps installed, we had to get permission 16 from TxDOT to let them know we were doing it, which we 17 did. So we would -- we want a nice paper trail to let 18 them know we're having them removed and the reasons why 19 if -- if the -- if we have the public hearing and the 20 Court desires to do that. 21 Same thing with stop signs. And it would be 22 two tracts. We can run them simultaneously. Have the 23 public hearings on the same day, etc. That's how we 24 would handle it. 25 COMMISSIONER MOSER: And there's a -- this 77 1 is a safety issue. Because Commissioner Letz knows good 2 and well what you're talking about. Essentially, you 3 know, some of them are driving through there. It looks 4 like the road is through the parking lot in Mosty 5 Nursery. You know, it's -- they've got activity on both 6 sides of the road, they've got buildings on both sides 7 of the road. 8 Another option -- there are three options. 9 Number one, remove the speed bumps which is one item. 10 Number 2 is put a stop sign at the intersection of 2nd 11 Street and Mosty Lane. And third option is abandon and 12 vacate that portion of the county road through Mosty 13 parking lot essentially. That's a simple way of saying 14 it. It's -- it's a real safety issue. 15 JUDGE KELLY: So where do they go? 16 COMMISSIONER MOSER: Well, they can -- 17 somebody coming out of Mosty Lane from the south would 18 then -- then turn on 2nd Street and go -- go through 19 Center Point. And then back onto Highway 27. So there 20 -- it's -- it's an obstacle for that street and you got 21 to have a public hearing on the thing, but that's -- 22 that's another option that I think we need to make sure 23 that's part of the agenda also. So today is for 24 information, right? 25 MR. HASTINGS: Yes, sir. 78 1 COMMISSIONER MOSER: But it's -- it's been 2 an issue -- it's going to be an issue -- continue to be 3 an issue. 4 COMMISSIONER LETZ: And one of the issues is 5 on the road closure side, is that -- that the closure 6 will impact -- well, any action will impact people 7 beyond the Mosty Nursery -- 8 COMMISSIONER MOSER: Right. 9 COMMISSIONER LETZ: -- because other people 10 use Mosty Lane that live further down there. 11 COMMISSIONER MOSER: There's about two or 12 three people down there. 13 COMMISSIONER LETZ: Three. Four. Right 14 now. But anyway -- 15 COMMISSIONER MOSER: Yeah. 16 COMMISSIONER LETZ: -- they need to be taken 17 into consideration as well. 18 COMMISSIONER MOSER: Sure. Yeah. 19 COMMISSIONER LETZ: It's a -- we've been 20 looking at this for at least three or four years. And 21 it hasn't been a good solution. This is one option that 22 didn't work. Stop sign may be an option. If there's 23 possible road closure becomes difficult. 24 COMMISSIONER MOSER: Yeah. And I -- and so 25 I think we'll need to have the maps, and the traffic 79 1 count and all that kind of stuff as part of the public 2 hearing. So let's set a public hearing. A lot of data 3 will be there. And the people live down Mosty Lane need 4 to be here to discuss if -- if we close that road -- 5 COMMISSIONER LETZ: And one -- 6 COMMISSIONER MOSER: -- what do we need to 7 do? 8 COMMISSIONER LETZ: -- one of them is here. 9 COMMISSIONER MOSER: Huh? Yeah. 10 MR. HASTINGS: And I can kind of give 11 everyone just -- something to expect would be for us to 12 return either in the first or the second meeting in 13 September to request the public hearing and so the 14 public hearings would probably take place in October. 15 If we were to move forward with those, that would be the 16 timeline that we would be on. 17 And then I think the point the Judge was 18 trying to make, and that Commissioner Moser and 19 Commissioner Letz were making that if -- if Mosty Lane 20 or a portion of it was closed, we would need to 21 designate an alternate route. 22 JUDGE KELLY: Okay. Well, since we're not 23 going to take any action today, Mr. Shults, you're on 24 the approved list to address the Court. Would you like 25 to address us? 80 1 MR. SHULTS: Sure. Thank you. Good 2 morning. Michael Shults, S-H-U-L-T-S, 515 Mosty Lane. 3 I've lived there with my wife for 17 years on a tract of 4 land that's been in the family for about a century next 5 March. And you know, I know -- I realize it's early in 6 the process but generally speaking I'm in favor of any 7 traffic safety measures so long as they do not impair 8 the ingress and egress of these other residents. Not 9 only on Mosty Lane but 2nd Street. 10 I know that this has come up in the past and 11 -- and I just wanted to have my voice heard early on and 12 then if you guys have any questions I'd be happy to 13 answer, as someone who lives there now. I don't know, 14 maybe I should wait for a public hearing or what. 15 JUDGE KELLY: So could you tell us exactly 16 what is you're -- what it is you would like to see done? 17 MR. SHULTS: I'm for whatever the 18 engineering guidelines suggest. But -- 19 JUDGE KELLY: As long as you can get to your 20 home? 21 MR. SHULTS: Yeah. Pretty simple, yeah. 22 JUDGE KELLY: That's fair. 23 COMMISSIONER MOSER: Well, there's no issue 24 with him getting to his home. It's just a circuitous 25 route. It's more -- it's less direct, for sure. Yeah. 81 1 COMMISSIONER BELEW: How about a sign that 2 says nudist colony ahead to slow them down? Do you 3 think that would work? 4 MR. SHULTS: That would bring them in, I 5 think. 6 COMMISSIONER MOSER: You know, Michael and 7 the other people that live on Mosty Lane, it's an issue 8 for them. If it were to be closed. The thing with -- 9 Mosty's is people going around -- trying to avoid the 10 school zone, okay. So they're swinging through there 11 at, according to Mosty's, at a high speed through their, 12 quote, parking lot and avoiding the school zone and then 13 going to the -- back through to get to the school on the 14 backside. So it's -- it's a safety thing but it's also 15 an issue with Michael and his neighbors. So -- 16 COMMISSIONER HARRIS: Michael, what 17 difficulties have you seen since you've been there? 18 MR. SHULTS: I mean, I -- I do see the site 19 visibility issue there at 2nd. I do know if you're 20 coming south on Mosty and someone is at the stop sign at 21 2nd, there's limited visibility. So that -- that is an 22 issue. And quite frankly, if -- if that block were 23 shutdown that issue you would still persist. If people 24 were traveling down 2nd, say, to get to my house, 25 there's still going to be traffic, tractors and diggers 82 1 and whatever running through there. So the visibility 2 is -- the issue is the visibility there at 2nd and 3 Mosty. So whatever guidelines can address that, I'm -- 4 I'm all for that. 5 COMMISSIONER MOSER: Thanks, Michael. 6 MR. SHULTS: Okay. Thank you. 7 JUDGE KELLY: Okay. I thought I saw Dusty 8 Traylor out there. 9 SHERIFF HIERHOLZER: You did. 10 JUDGE KELLY: Okay. The next item on the 11 Agenda is 1.22 consider, discuss and take appropriate 12 action on an order expressing official intent to 13 reimburse with tax-exempt obligation proceeds for costs 14 associated with constructing, acquiring and equipping 15 real property and various improvements within the 16 County. 17 And I -- we probably ought to talk about 18 that as well as the next item at the same time, which is 19 Item 1.23 consider, discuss and take appropriate action 20 on an order by the Commissioners' Court of Kerr County, 21 Texas authorizing the issuance, sale and delivery of 22 Kerr County, Texas limited tax refunding bonds, Series 23 2020, approving the sale thereof pursuant to a 24 negotiated underwriting, a competitive sale or a private 25 placement; approving and authorizing the execution of 83 1 all other instruments and procedures related thereto, 2 delegating authority to the County Judge or the County 3 Auditor to determine the method of sale, to select 4 outstanding obligations to be refunded and approve all 5 final terms of, and other matters relating to, the 6 bonds, and providing for an immediate effective date. 7 And both of those items relate to the 8 financing of properties that we're talking about 9 purchasing later on in the agenda, up on Earl Garrett 10 Street. And we've been working with RBC Capital and 11 Dusty Traylor is here with us today. 12 And I might as well put probably 1.24 13 because we need to renew your contract. I think we got 14 that on there as 1.24. 15 But all of this is in preparation for what 16 we may or may not decide to do, and how to finance it. 17 So I would ask Dusty Traylor if you would address the 18 Court. 19 MR. TRAYLOR: Certainly. 20 JUDGE KELLY: The first thing is, I think 21 it's -- we talked about tax notes. And we've put off 22 trying to explain them so that we didn't misstate 23 anything and maybe the best place for you to start is 24 just talk about a tax note -- 25 MR. TRAYLOR: Am I permitted? 84 1 (Removing mask.) 2 JUDGE KELLY: Yes, you may. And then talk 3 about these Resolutions that are necessary if we're 4 going to buy something before the tax note's issued and 5 how the reimbursement process works for the County. 6 MR. TRAYLOR: Okay. Very good. Well, good 7 morning everyone. Again, for the record, my name is 8 Dusty Traylor, Managing Director for RBC Capital 9 Markets. It's good to be in Kerr County this morning. 10 In regards to -- to the tax notes, I know 11 that we had visited sometime back about various tax 12 notes of varies sizes, depending upon the actual 13 projects that you guys might contemplate financing. 14 A tax note is a financing instrument that is 15 available to counties in Texas. It is a note that has a 16 maximum length for counties to pay back over a term of a 17 seven-year payback period, which is a fairly short 18 instrument, not some lengthy instrument. 19 The tax note is able to be used to purchase 20 various types of property, equipment, construction, that 21 sort of thing, and it is also allowed to be paid back 22 from the portion of your tax rate that is dedicated 23 solely to I&S, solely to the portion of Interest and 24 Sinking, so it is not a component of the M&O, 25 Maintenance and Operation tax rate. 85 1 You guys are contemplating some projects 2 where you may need to -- to move quickly in order to 3 procure property or what have you. One of the items on 4 the agenda this morning is a reimbursement resolution. 5 And by passing that reimbursement resolution, what it 6 will allow you to do is it will allow you to go out and 7 make an acquisition, use your local funds, use funds 8 that are in your general fund or some other fund before 9 you actually issue a tax note and then it will allow you 10 to then reimburse yourselves with the proceeds of a tax 11 note at a later date. 12 The reimbursement resolution gives you the 13 opportunity to look back for a period of -- of up to 60 14 days. So we're on August the 24th here. If you had 15 made an acquisition, let's say, since June the 24th, 16 25th, wherever that 60th day falls in there, you could 17 look back and reimburse yourselves back to that date. 18 You can look forward from the day you approve a 19 reimbursement resolution 18 months. Okay. 20 So a reimbursement resolution will live for 21 quite awhile. So it gives you -- we think that it is a 22 great tool for issuers to undertake, kind of a good belt 23 and suspenders approach, if you're going to -- to -- you 24 don't necessarily have your -- your dollar amounts 25 exactly tied in, so why go issue it now and maybe you've 86 1 over issued. 2 COMMISSIONER BELEW: So it's a window? 3 MR. TRAYLOR: Do what? 4 COMMISSIONER BELEW: It's just basically a 5 window of time? 6 MR. TRAYLOR: It's a window. 7 COMMISSIONER MOSER: It's like a 20-month 8 window. 9 MR. TRAYLOR: Yeah. 10 COMMISSIONER MOSER: Two months back and 18 11 months forward. 12 MR. TRAYLOR: That's right. And it just 13 gives -- it gives you greater flexibility so that you're 14 not over-issuing or under-issuing when it comes time for 15 you to do your financing on properties or equipment or 16 whatever type of acquisition you may contemplate. 17 JUDGE KELLY: And we've been talking -- this 18 is the Capital Improvement Planning Committee, and the 19 Auditor and I have been talking to Dusty about this. 20 And because of the time sensitivity of that resolution, 21 we wanted to bring this matter to the Court so all 22 questions can get answered and he can explain exactly 23 what the process is so that we don't run afoul of one of 24 these timed deadlines. All right. 25 And so every time we would talk to him he 87 1 would ask us, when are y'all planning on doing this? We 2 said, we don't know. But it was time, we felt like, for 3 him to come explain it to the Court so that we can make 4 decisions on what we think we need to do. 5 COMMISSIONER HARRIS: This is another tool 6 for the tool chest. 7 JUDGE KELLY: Yes, sir. 8 COMMISSIONER HARRIS: Okay. 9 COMMISSIONER BELEW: So once this is set in 10 motion and pick the start date, then what happens if it 11 were to just run out? 12 JUDGE KELLY: Nothing. 13 MR. TRAYLOR: Nothing. 14 COMMISSIONER BELEW: Just done? 15 MR. TRAYLOR: Just done. 16 JUDGE KELLY: It just dies. 17 COMMISSIONER BELEW: I'm sorry? 18 JUDGE KELLY: It dies. 19 MR. TRAYLOR: It dies. 20 COMMISSIONER BELEW: So the -- 21 JUDGE KELLY: It expires by operation of 22 law. 23 COMMISSIONER BELEW: -- the incentive -- 24 there's no dis-incentive. There's incentive to do it. 25 MR. TRAYLOR: To be able to recapture your 88 1 purchases such that you can go ahead and reimburse 2 yourself later. 3 COMMISSIONER BELEW: With the proceeds of 4 last year? 5 MR. TRAYLOR: Exactly. 6 JUDGE KELLY: And we will be discussing some 7 of the reasons that this might be needed in Executive 8 Session, by the way, before we make any decision. Which 9 it has to do with contract negotiations. 10 MR. TRAYLOR: I mean, those -- and that's 11 the -- that's the other part of our reimbursement. It 12 doesn't tie you to any debt issues. You don't -- you 13 don't have to issue any debt. You can later on say, you 14 know what, we're just going to roll with it, or our 15 projects didn't materialize, whatever the case may be. 16 You don't have to issue any tax notes or any other form 17 of debt. 18 COMMISSIONER BELEW: So it's just kind of a 19 legal bookmark we started here -- 20 MR. TRAYLOR: You got it. 21 COMMISSIONER BELEW: -- on the calendar? 22 Circle that day? 23 MR. TRAYLOR: You got it. 24 COMMISSIONER BELEW: Okay. 25 MR. TRAYLOR: Yeah. 89 1 JUDGE KELLY: And I think there's two things 2 that we're going to be talking about here, Dusty. One 3 is the reimbursement resolution. And the other is two, 4 we need to authorize Dusty to start looking at being 5 able to issue these tax bonds in the event we make a 6 purchase. 7 COMMISSIONER MOSER: For that purpose. 8 COMMISSIONER LETZ: Well, Judge, on the 9 first one, I'll make an order -- make a motion to 10 approve the order to expressing official intent to 11 reimburse with tax-exempt obligation proceeds for costs 12 associated with constructing, acquiring and equipping 13 real property and various improvements within the 14 County. 15 COMMISSIONER BELEW: I'll second that. 16 JUDGE KELLY: Okay. Motion's been made by 17 Commissioner Letz, seconded by Commissioner Belew to 18 approve the reimbursement resolution issuing these tax 19 notes. Is there any other discussion? Those in favor 20 raise your hand. Unanimous, five zero. 21 Then the second part of this is to actually 22 authorize Dusty to be able to work putting together 23 these tax notes if we decide to take action. 24 MRS. SHELTON: Judge, if I may, this is for 25 the refunding bond. We have bonds that have a high 90 1 interest rate. 2 JUDGE KELLY: Oh -- oh, this is what we're 3 refinancing. 4 MRS. SHELTON: Yes. 5 JUDGE KELLY: Okay. Let's go over that 6 briefly. 7 MR. TRAYLOR: Certainly. The item on your 8 agenda for the refunding bond -- and I think we've 9 discussed previously the opportunity to refinance 10 certain portions of the County's outstanding bonds. 11 COMMISSIONER BELEW: Let me ask a question 12 before you proceed. 13 MR. TRAYLOR: Yes, sir. 14 COMMISSIONER BELEW: Are we -- is 15 reimbursement and refunding, are those interchangeable 16 terms or -- 17 MR. TRAYLOR: Completely different terms. 18 COMMISSIONER BELEW: Completely different. 19 MR. TRAYLOR: Completely different. 20 COMMISSIONER BELEW: I want to make sure 21 that I understand that. 22 JUDGE KELLY: And let me set the stage for 23 Dusty's explanation. You'll remember in the budget 24 process we took those bonds that were maturing and we 25 had the opportunity to refinance at a lower interest 91 1 rate -- 2 COMMISSIONER BELEW: Right. 3 JUDGE KELLY: -- and we built those savings 4 into our budget. 5 COMMISSIONER BELEW: Right. 6 JUDGE KELLY: What this is is officially 7 authorizing him to be able to refinance those bonds. 8 This is a refinance. 9 MR. TRAYLOR: That's right. Similar to -- 10 very similar to if you or I had a higher interest loan 11 on a home or a piece of land or property, what have you, 12 and we had the opportunity to take out a new loan that 13 replaces that higher interest rate loan and -- and 14 reduce our annual interest costs. That -- that is what 15 we're doing here. 16 So the County's got Series 2012 and 2014 17 bonds, or certificates of obligation, that become 18 callable in February of 2021. The callable portions of 19 those bonds have an interest rate of approximately 20 3.68 percent. We believe that in today's interest rate 21 environment, we can reduce that interest rate. 22 Earlier this summer, we ran it at a rate 23 looking at -- it was a rate of about 2.28 percent all 24 in, all costs. I firmly believe that if we were in the 25 market today, we would be materially lower than that 92 1 rate. But the last time that we ran it, refinancing 2 these would produce savings of about $346,000 for the 3 County. Now that $346,000 is not a one-time windfall of 4 $346,000. That -- that money is saved over the 5 remaining life of those obligations, so it works out to 6 about 25 to $30,000.00 per year in annual debt service 7 cost. And again, that was based on our last run. 8 And I think once we're able to get into the 9 market, all things considered, knock on wood, the rates 10 hold up where we are, we should be able to achieve a 11 higher savings than that. 12 COMMISSIONER BELEW: Now that -- that's 13 three different certificates of obligation you're 14 talking about? 15 MR. TRAYLOR: It's two -- two different. 16 COMMISSIONER BELEW: It's only two? 17 MR. TRAYLOR: It's two. 18 COMMISSIONER BELEW: Well, I've got three on 19 the list but -- 20 MR. TRAYLOR: The -- the two that make sense 21 to refinance right now are the Series 2012's and the 22 Series 2014's. 23 COMMISSIONER BELEW: So 12 has a -- 2012 and 24 the 2012-A -- 25 MR. TRAYLOR: Correct. 93 1 COMMISSIONER BELEW: -- are those together? 2 MR. TRAYLOR: The 2012-A was a different 3 series. That obligation actually is scheduled to 4 completely mature February 15th of 2022. 5 COMMISSIONER BELEW: Okay. 6 MR. TRAYLOR: So it really doesn't make 7 sense to refinance that particular obligation. 8 COMMISSIONER BELEW: I remember you talking 9 about that. 10 MR. TRAYLOR: But those others go out until 11 like 2030, 2032. So those make sense to refinance. 12 COMMISSIONER MOSER: So do you have to wait 13 until February to take any action on this or -- 14 MR. TRAYLOR: We need to -- we need to -- to 15 deliver the refunding bonds no more than 90 days prior 16 to February 15th. 17 COMMISSIONER MOSER: Okay. All right. 18 MR. TRAYLOR: So that backs us up to 19 somewhere in the neighborhood of delivering refunding 20 bonds, say, around November 15th, 17th. That would -- 21 because of the Attorney General's review process, that 22 takes approximately 30 days. We should target being in 23 the market to sell refunding bonds around October 15th 24 to 20th. 25 COMMISSIONER MOSER: Okay. 94 1 MR. TRAYLOR: And then that would allow us 2 to deliver it just inside that 90-day window. 3 COMMISSIONER MOSER: And that's a good 4 market. That's time for a good market for the interest 5 rate. 6 MR. TRAYLOR: That's right. 7 COMMISSIONER MOSER: Right. Okay. Good. 8 MR. TRAYLOR: So that's what we're -- that's 9 what we're shooting for. 10 JUDGE KELLY: So you can see all the time 11 sensitive deadlines that we have -- 12 COMMISSIONER MOSER: Sure. Right. 13 JUDGE KELLY: -- with all of that. 14 MR. TRAYLOR: But -- so between now and -- 15 between now and October, it does take a little bit of 16 time to lift the transaction up off the ground and 17 prepare preliminary securities offering document, visit 18 with the rating agencies, prepare to negotiate with the 19 underwriters. So the timing is -- we've got a nice 20 amount of time between now and October, but we do need 21 to kind of get moving. 22 COMMISSIONER MOSER: That's a lot of work. 23 MR. TRAYLOR: Yes, sir. 24 JUDGE KELLY: This is just preparation. 25 MR. TRAYLOR: That's right. Exactly. And 95 1 so that -- that order that's on the Agenda this morning, 2 what it does is it authorizes the Judge and/or County 3 Auditor to execute the final pricing certificates on 4 refunding bonds so long as those refunding bonds meet 5 stated parameters. And those parameters would be that 6 we cannot extend the final maturity on the refunded 7 bonds. 8 I think the refunded bonds -- the longest 9 refunded bond has a final maturity of 2032. We can't 10 have a refunding bond that has a maturity longer that 11 2032. And we must result in a real present value 12 savings. We can't just -- we can't have some -- it's 13 got to have a present value basis. I believe what we 14 have in this we're at at least four percent on present 15 value basis. Our most recent look at this was somewhere 16 in the neighborhood of about six and a half percent. 17 And again, I think that we'll end up coming in higher, 18 higher than that. 19 But it's a good -- the reason to do this as 20 a parameters resolution, most entities in Texas that are 21 doing refinancings are using this parameters order 22 because it gives you greater flexibility again. Right? 23 Today we had to -- we had to post an agenda on Friday 24 for today's meeting, wait 72 hours, and then act. If we 25 were actually in the bond market, we could find 96 1 ourselves having to post an agenda and then trying to 2 act, and then finding the market acting very erratically 3 and maybe the savings moving away from us. So what this 4 does, it just allows you to act in an efficient manner 5 when it comes time. 6 COMMISSIONER MOSER: So we need to take 7 action here today, that's the agenda item 1.23? 8 MR. TRAYLOR: Yes, sir. 9 COMMISSIONER MOSER: So with that, I make a 10 motion that we authorize the issuance, sale and delivery 11 of Kerr County tax -- limited tax refunding bonds, 12 Series 2020. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: Motion's been made by 15 Commissioner Moser, seconded by Commissioner Letz to 16 authorize the issuance and sale of these refunding 17 bonds, Series 2020. Any other discussion? Those in 18 favor raise your hand. Unanimous, five zero. 19 MR. TRAYLOR: And I -- I would just say 20 this, is that once we complete the pricing, while the 21 Court has already taken the action necessary for that, I 22 would just say that once we are done and priced in late 23 October, I would like to come back and just update with 24 the Court the results of that sale. 25 COMMISSIONER MOSER: Sure. Yeah. 97 1 JUDGE KELLY: And we'd like you to come 2 back. 3 MR. TRAYLOR: Yeah. Happy to. 4 JUDGE KELLY: Okay. The next item on the 5 Agenda relates to RBC Capital, and that's 1.24 consider, 6 discuss and take appropriate action to approve the 7 Municipal Advisory Agreement with RBC Capital Markets. 8 And what that is is a renewal of our contract with you 9 and it just expired on its own terms so it's time to 10 renew it. 11 And I would -- I would make a motion that we 12 renew our contract with RBC Capital Markets. 13 COMMISSIONER BELEW: I'll second that. 14 JUDGE KELLY: I made the motion, seconded by 15 Commissioner Belew, to renew the contract with RBC 16 Capital Markets. Is there any other discussion? Those 17 in favor raise your hand. Unanimous, five zero. Thank 18 you, Dusty. 19 MR. TRAYLOR: Thank you. And we appreciate 20 the opportunity. We don't take it lightly so we -- we 21 really enjoy working with y'all and look forward to 22 getting this done for you. 23 COMMISSIONER MOSER: Thank you. 24 JUDGE KELLY: Thank you. And we enjoy 25 working with you, too. 98 1 MR. TRAYLOR: You got it. Thank y'all. 2 Have a great day. 3 JUDGE KELLY: Okay. Next item on the Agenda 4 are the General Provisions 1.25 consider, discuss and 5 take appropriate action to approve the General 6 Provisions for FY 2020-2021. 7 This is all part of the budget process and 8 we do these every year. 9 COMMISSIONER MOSER: Judge, I'll make a 10 motion that we approve the General Provisions, but I'd 11 like to say General Budget Provisions. I have a hang up 12 with General Provisions. General Budget Provisions. 13 But I'll make a motion. 14 JUDGE KELLY: Well, and I stopped myself 15 just short when I was reading this to say that General 16 Provisions for the Budget FY 2020-2021. 17 COMMISSIONER MOSER: Right. Right. 18 COMMISSIONER HARRIS: There you go. I like 19 that. I'll second it. 20 JUDGE KELLY: Okay. So motion's been made 21 by Commissioner Moser, seconded by Commissioner Harris, 22 to approve the General Provisions for the Budget FY 23 2020-2021. 24 COMMISSIONER MOSER: Good deal. 25 JUDGE KELLY: Any other discussion? Those 99 1 in favor raise your hand. Unanimous, five zero. 2 1.25 -- or 26 -- 3 MRS. STEBBINS: Judge, you've got Items 1.12 4 through 14 also that you guys went back to -- 5 JUDGE KELLY: Pardon? 6 MRS. STEBBINS: Items 1.12 through 14 -- 7 SHERIFF HIERHOLZER: Yeah, we can -- 8 JUDGE KELLY: I talked to the Sheriff about 9 that. 10 MRS. STEBBINS: Okay. 11 JUDGE KELLY: He's going to come up a little 12 bit later and we're going to do all his at one time. 13 MRS. STEBBINS: Okay. Thank you. 14 JUDGE KELLY: Because we just raced past 15 them before the break but we're just trying to be 16 efficient. 17 MRS. STEBBINS: Okay. 18 JUDGE KELLY: So 1.26 is consider, discuss 19 and take appropriate action to set a Public Hearing on 20 proposed Kerr County Budget for FY 2020-2021 at 21 9:45 a.m. on September 14, 2020, and authorize the 22 County Clerk to publish notice of the Public Hearing. 23 Mr. Robles. 24 MR. ROBLES: Good morning. In accordance 25 with our revised budget calendar, we're asking for the 100 1 Court to set the Public Hearing for September 14th on 2 the proposed County Budget at 9:45 a.m. 3 COMMISSIONER HARRIS: Move for approval. 4 COMMISSIONER LETZ: Second. 5 JUDGE KELLY: Motion's been made by 6 Commissioner Harris, seconded by Commissioner Letz to 7 set a Public Hearing about the Kerr County Budget for FY 8 2020-2021, at 9:45 a.m. on September 14. Is there any 9 other discussion? Those in favor raise your hand. 10 Unanimous, five zero. 11 1.27 consider, discuss and take appropriate 12 action to approve the Proposed Salary Increases for 13 Elected County and Precinct Officials for Kerr County, 14 FY 2020-2021, and authorize the County Clerk to publish 15 same. Mr. Robles. 16 MR. ROBLES: Yes. On the same meeting on 17 September 14th, we'll approve the elected officials' 18 salaries and we're required by law to publish that a 19 week to ten days prior to that meeting. So we'll have 20 until September 3rd that we need to publish this in the 21 paper. And we'll ask that the Court approve it and for 22 the County Clerk to publish that. 23 COMMISSIONER MOSER: And I'm -- I'm 24 confused, James, on salary increases. 25 MR. ROBLES: Yes, sir. 101 1 COMMISSIONER MOSER: Is that in our budget? 2 COMMISSIONER LETZ: Longevity. 3 MR. ROBLES: They're longevity. 4 JUDGE KELLY: It was longevity. There's no 5 actual increases. 6 MR. ROBLES: There are no raises. They're 7 longevity. 8 COMMISSIONER LETZ: They're just longevity 9 increases that are part of the overall. 10 COMMISSIONER MOSER: Okay. 11 COMMISSIONER LETZ: All employees get 12 longevity. I mean, all employees that are entitled to 13 longevity -- 14 JUDGE KELLY: They're qualified. 15 COMMISSIONER LETZ: -- are getting 16 longevity. 17 COMMISSIONER MOSER: Yeah. Okay. 18 COMMISSIONER LETZ: Be careful about that. 19 COMMISSIONER BELEW: Get people excited. I 20 move for approval. 21 COMMISSIONER LETZ: Second. 22 COMMISSIONER HARRIS: Second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Belew, and seconded by Commissioner Harris 25 to approve the Proposed Salary Increases for Elected 102 1 Officials and authorize publication. Any other 2 discussion? Those in favor raise your hand. Unanimous, 3 five zero. 4 1.28 consider, discuss and take appropriate 5 action to approve the base salaries for elected 6 officials for FY 2021. Miss Doss. 7 MS. DOSS: Yes, sir. Just requesting you to 8 approve the base salaries. There have been no change 9 from the previous fiscal year. 10 COMMISSIONER MOSER: So move. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: Thank you, ma'am. Motion's 13 been made by Commissioner Moser, seconded by 14 Commissioner Belew to approve the base salaries for 15 Elected Officials for FY 2021. Any other discussion? 16 Those in favor raise your hand. Unanimous, five zero. 17 MRS. DOSS: Thank you. 18 JUDGE KELLY: Okay. Time for the Bob Reeves 19 show. 1.29 -- you want me to call them all at once or 20 do you want -- 21 MR. REEVES: One at a time, please, Judge. 22 JUDGE KELLY: Okay. 1.29 consider, discuss 23 and take appropriate action to take a record vote on the 24 proposed 2020 Kerr County tax rate. This will be a 25 combined tax rate for Kerr County and Lateral Roads. 103 1 Mr. Reeves. 2 MR. REEVES: Good morning, gentlemen. 3 JUDGE KELLY: And by the way, before you 4 start I want to compliment you on that beautiful 5 granddaughter. 6 MR. REEVES: Oh, thank you. We got to let 7 some of them see it the first time. She's seven months 8 old today, so we're kind of excited, so -- 9 As far as there are no new revenue tax rate 10 for Fiscal Year 2021. The combined rate will be 47.57 11 cents per $100 valuation. This is a combined rate which 12 includes lateral roads of .0298 or 2.98 cents per $100 13 valuation. Maintenance and operations .38 -- .3870 or 14 38.7 cents per $100 valuation. And the debt rate will 15 be .0589 or 5.89 cents per $100 valuation. 16 This is my understanding from the budget 17 workshop is that that's the rate that the Court desires 18 to adopt for the current year. This will -- this vote 19 today will only be to vote for the proposed rate, it 20 will have to be adopted at a future meeting. 21 JUDGE KELLY: So the record vote's not 22 today, the record vote is going to be September 14th? 23 MR. REEVES: No, sir. There will be two 24 record votes for this. One for -- a record vote for the 25 proposed rate, then whatever date the Court deems to 104 1 adopt it, that will be a second record vote. So we'll 2 need -- 3 JUDGE KELLY: We'll take a record vote on 4 the proposed tax rate today? 5 MR. REEVES: Correct. I have to list the 6 names in the publication who voted for it and who voted 7 against it. This is something new due to the Senate 8 Bill 2. 9 COMMISSIONER MOSER: So Bob, you said it's 10 47.75? 11 MR. REEVES: 47.57, Commissioners. 12 COMMISSIONER MOSER: 47.57. Okay. And that 13 compares to the current of 51.5, correct? 14 MR. REEVES: In crude cents, compared to 15 what last year's was and this years. Yes, sir. 16 COMMISSIONER MOSER: So let me just round 17 it. 47.6 compares to 51.5? 18 MR. REEVES: Correct. 19 COMMISSIONER MOSER: Yeah. I just want to 20 make sure it was apples and apples. 21 MR. REEVES: It's apples to apples. But 22 I'll throw in an orange. It's the same rate -- it's 23 effectively the same rate for revenue producing 24 property. 25 COMMISSIONER MOSER: Yeah, I -- I 105 1 understand. I was just trying to keep the tax rate. 2 Okay. Since that -- 3 MR. REEVES: And I'm trying to keep what I'm 4 supposed to call it. 5 COMMISSIONER MOSER: Okay. But it is tax 6 rate? 7 MR. REEVES: It is the tax rate. 8 COMMISSIONER MOSER: And that's what this 9 Court establishes. 10 MR. REEVES: That is what -- 11 COMMISSIONER MOSER: So we've established -- 12 we're talking about a 47.57 percent tax rate as opposed 13 to 51.5? 14 MR. REEVES: That is correct. 15 COMMISSIONER MOSER: Okay. So that -- 16 that's over a seven percent decrease. Okay. 17 MR. REEVES: I -- I won't go there. 18 COMMISSIONER MOSER: Yeah. It's almost -- 19 JUDGE KELLY: It's the no new revenue tax 20 rate. 21 MR. REEVES: Correct. 22 COMMISSIONER MOSER: Yeah. But I -- I'm 23 just looking for the public. You know, in the paper it 24 said the City decreased their tax rate by five percent. 25 So we're decreasing it by -- in excess of seven percent, 106 1 almost eight percent. 2 MR. REEVES: Well, that -- 3 COMMISSIONER MOSER: That's the ratio of -- 4 JUDGE KELLY: He's going to comply with the 5 Attorney General and we're -- 6 MR. REEVES: Sure. 7 JUDGE KELLY: -- going to call it a no new 8 revenue tax rate. 9 MR. REEVES: Right. 10 COMMISSIONER MOSER: I know, but if I'm 11 going to vote on it I'm going to say what it is. 12 MR. REEVES: You bet. 13 COMMISSIONER MOSER: And depending on what 14 he says -- 15 MR. REEVES: Y'all can vote on what you 16 want, gentlemen. 17 COMMISSIONER MOSER: Yeah. 18 COMMISSIONER LETZ: By the -- this record 19 vote we have to list each one separately, correct? 20 MR. REEVES: No, sir. It can be a combined 21 vote. 22 COMMISSIONER LETZ: It can be combined? 23 MR. REEVES: Yes. Because that's how the 24 notice will come out. A combined. If you would like to 25 list it separate for the record, that's totally up to 107 1 you. 2 COMMISSIONER LETZ: Okay. I'll make a 3 motion that we set the total tax rate at .4757, and 4 that's made up of a lateral rate of .0298, M&O rate of 5 .3870, and a debt rate of .0589. 6 COMMISSIONER MOSER: Second. 7 JUDGE KELLY: Motion's been made by 8 Commissioner Letz, and seconded by Commissioner Moser to 9 set the tax rate at .4757, with the breakdown that was 10 enumerated by Commissioner Letz. Is there any 11 additional discussion? 12 COMMISSIONER BELEW: I have a question. I 13 had down that the M&O was a little bit less than what 14 you just said. Was I -- 15 MR. REEVES: Did I miscalculate that, 16 Ms. Auditor? 17 MRS. SHELTON: That's what I have. 18 COMMISSIONER BELEW: That's what you had for 19 the last meeting? 20 MRS. SHELTON: Yes. 21 COMMISSIONER BELEW: Well, it wasn't -- it 22 wasn't different by much. I had 3869. You said 387 23 earlier today. 24 MRS. SHELTON: It's a little bit of a 25 rounding to the four, so it should be the 387 is 108 1 correct. 2 MR. REEVES: I go -- I can go to four 3 digits. In the Tax Code it's funny, you don't round. 4 You just take the first four digits. 5 COMMISSIONER LETZ: Right. 6 MR. REEVES: Don't ask me why, call Austin. 7 COMMISSIONER BELEW: Because it just keeps 8 going. 9 MR. REEVES: Right. 10 COMMISSIONER BELEW: Yeah. 11 JUDGE KELLY: Okay. Any other discussion? 12 We can take a record vote for the combined tax rate of 13 4757. Precinct 1, Commissioner Belew? 14 COMMISSIONER BELEW: Yes. 15 JUDGE KELLY: Precinct 2, Commissioner 16 Moser? 17 COMMISSIONER MOSER: Yes. 18 JUDGE KELLY: Precinct 3, Commissioner Letz? 19 COMMISSIONER LETZ: Yes. 20 JUDGE KELLY: Precinct 4, Commissioner 21 Harris? 22 COMMISSIONER HARRIS: Yes. 23 JUDGE KELLY: And I as the County Judge vote 24 yes. It's unanimous, five zero. 25 Moving on to Agenda Item 1.30 consider, 109 1 discuss and take appropriate action to set the date and 2 time to hold a public hearing for the 2020 tax rate for 3 Kerr County and Lateral Roads. 4 MR. REEVES: Yes, sir. That's basically in 5 order to publish the notice, I need the date and time 6 for the public hearing and meeting. This year is for 7 two reasons, a little different in the past since we're 8 not exceeding the no new revenue rate, only one hearing 9 will be required. And we may adopt the tax rate at the 10 same meeting. In past years, you had to have two 11 hearings and then a subsequent meeting. This first 12 agenda item is only to set the date and time. 13 JUDGE KELLY: We set the budget for 14 September the 14th at 9:45 a.m. Should we designate a 15 different time? We want to set it on the same date, I 16 think we're all in agreement on that. Should this be at 17 the same time, 9:45, or should we do it at a different 18 time? 19 MR. REEVES: I'll leave it to the Auditor. 20 MS. SHELTON: I believe it needs to be 21 after, at least in the order. So even if we do it at 22 the same time, we would at least need to stay in order 23 with the budget first and then the tax. But you could 24 put it at 9:50. It just depends on how many people you 25 have that might be speaking that day. 110 1 COMMISSIONER MOSER: So it's on September 2 14th? 3 JUDGE KELLY: September 14th is what we have 4 in our -- in our guidelines with the Auditor's Office. 5 MR. REEVES: And that will give me enough 6 time to meet the statutory publication requirements. 7 JUDGE KELLY: Well, it seems like to me if 8 we just set it at the same time, we finish one and go 9 straight to the next. 10 COMMISSIONER MOSER: Yeah. 11 MR. REEVES: And this would just need to be 12 following as the agenda is numbered. 13 JUDGE KELLY: That will be done right. 14 MR. REEVES: You have Jody. 15 COMMISSIONER LETZ: I move we set the 16 hearing on September 14th at 9:45. 17 COMMISSIONER HARRIS: Second. 18 JUDGE KELLY: Motion's been made by 19 Commissioner Letz, seconded by Commissioner Harris to 20 set the time to hold the public hearing for the 2020 tax 21 rate for Kerr County and Lateral Roads for September the 22 14th, 2020, at 9:45 a.m. Any other discussion? Those 23 in favor raise your hand. Unanimous, five zero. 24 Item 1.31 consider, discuss and take 25 appropriate action to set the date and time for adoption 111 1 of the 2020 tax rate for Kerr County and Lateral Roads. 2 MR. REEVES: This would have to come 3 naturally after the hearing, but it could be immediately 4 following. 5 JUDGE KELLY: Okay. So -- 6 COMMISSIONER BELEW: Well, then I move that 7 we -- we hold the meeting at 9:50 on September the 14th 8 for the 2020 Lake Ingram Estates Road District -- 9 MR. REEVES: No -- begging your pardon. 10 That's -- 11 COMMISSIONER BELEW: Is that the next item? 12 MR. REEVES: Yeah, we're -- we're about 13 three items up. 14 COMMISSIONER BELEW: I'm getting ahead of 15 myself. 16 MR. REEVES: Yes, sir. 17 COMMISSIONER BELEW: All right. So for the 18 tax rate for the Lateral Roads of Kerr County. 19 COMMISSIONER LETZ: Second. 20 JUDGE KELLY: Okay. There's been a motion 21 made by Commissioner Belew, seconded by Commissioner 22 Letz to set the date and time for adoption of the 2020 23 tax rate for Kerr County and Lateral Roads for 9:50 a.m. 24 on September the 14th. Any further discussion? Those 25 in favor raise your hand. Unanimous, five zero. 112 1 Item 1.32 consider, discuss and take 2 appropriate action to take a record vote on the proposed 3 2020 Lake Ingram Estates Road District tax rate. 4 COMMISSIONER REEVES: Yes, sir. This 5 reflects only the road district taxes for the Lake 6 Ingram Estates. It is a debt only tax rate. Last 7 year's rate was 22.65 cents per $100 valuation. This 8 year's tax rate to service the debt would be 17.85 cents 9 per $100 valuation. And once again, it would require a 10 record vote. 11 JUDGE KELLY: I need a motion and second. 12 COMMISSIONER BELEW: Well, I'll make a 13 motion. Since I already read it before I might as well 14 read it again. I move we take a record vote on the 15 proposed 2020 Lake Ingram Estates Road District tax rate 16 on September 14th, let's say at 10 a.m. 17 MR. REEVES: No, sir. This is actually the 18 proposing of the rate. 19 COMMISSIONER BELEW: Oh, this is proposing. 20 JUDGE KELLY: So -- 21 COMMISSIONER BELEW: This -- this doesn't 22 have to be a timed event? This is a -- 23 MR. REEVES: No, this will be but we need to 24 propose the rate first. I believe, isn't there three 25 agenda items on this? 113 1 COMMISSIONER LETZ: Yeah, there's three. 2 COMMISSIONER BELEW: All right. So you 3 have -- 4 JUDGE KELLY: 1.32 is to propose the rate of 5 17.85 cents -- 6 COMMISSIONER BELEW: Okay. 7 JUDGE KELLY: -- per 100. 8 MR. REEVES: And I will need a record vote 9 on that. 10 COMMISSIONER BELEW: Okay. Well, then I'll 11 just make it simple then. 12 COMMISSIONER HARRIS: Second. 13 JUDGE KELLY: So Commissioner Belew made the 14 motion, and Commissioner Harris seconded setting the 15 Lake Ingram Estates Road tax rate at $17.85 per $100 16 valuation. 17 MR. REEVES: 17 cents. 18 JUDGE KELLY: 17 cents. .17 -- 19 MR. REEVES: Or .1785 per $100 valuation. 20 JUDGE KELLY: Got it. Okay. Any other 21 discussion? Those in favor -- 22 COMMISSIONER BELEW: That's -- that's taking 23 the first four numbers again, is that -- 24 MR. REEVES: Yes, sir. 25 COMMISSIONER BELEW: -- the same thing? 114 1 MR. REEVES: Yes, sir. 2 JUDGE KELLY: So with that, the record vote 3 from Precinct 1? 4 COMMISSIONER BELEW: Yes. 5 COMMISSIONER MOSER: I have a question. Who 6 establishes that rate? 7 MR. REEVES: The rate? 8 COMMISSIONER MOSER: Yeah. I mean, we're 9 voting on it but -- 10 MR. REEVES: The Commissioners' Court is the 11 one that establishes it. 12 COMMISSIONER LETZ: We -- it's the debt that 13 was created for that Road District that -- 14 COMMISSIONER MOSER: But based on the debt. 15 COMMISSIONER LETZ: Based on the debt. The 16 annual payment. 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER REEVES: There's no maintenance 19 and operations in these tax -- 20 COMMISSIONER MOSER: That was my question. 21 Okay. 22 COMMISSIONER LETZ: It's just the repayment 23 of the debt for this year. 24 COMMISSIONER MOSER: Just debt. Okay. 25 Thanks. 115 1 JUDGE KELLY: Precinct 1 voted yes. 2 Precinct 2? 3 COMMISSIONER MOSER: Yes. 4 JUDGE KELLY: Precinct 3? 5 COMMISSIONER LETZ: Yes. 6 JUDGE KELLY: Precinct 4? 7 COMMISSIONER HARRIS: Yes. 8 JUDGE KELLY: County Judge, yes. Five zero, 9 unanimous. 10 Item 1.33 consider, discuss and take 11 appropriate action to set the date and time to hold a 12 public hearing for the 2020 tax rate for Lake Ingram 13 Estates Road District. 14 MR. REEVES: Here again, this is similar to 15 what we just completed for the general fund and lateral 16 roads, but we do need to set a time. 17 COMMISSIONER LETZ: I make a motion to set 18 the time for the public hearing for the Lake Ingram 19 Estates Road District on September 14th at 10:00 a.m. 20 COMMISSIONER HARRIS: Second. 21 MRS. GRINSTEAD: No. Because you're going 22 to have to adopt the budget before you adopt the tax 23 rate and you've got the tax rate adoption at 9:50. So 24 you're going to have to -- 25 COMMISSIONER BELEW: So they all have to go 116 1 together? 2 MRS. GRINSTEAD: Yeah, I would make it 9:45 3 also. 4 MR. REEVES: There's really not a -- a 5 budget adoption for this, though, is there? 6 MRS. GRINSTEAD: Is it not part of the 7 budget? I apologize. 8 MR. REEVES: Is it -- you'll adopt the 9 budget and the budget will include payment of Lake 10 Ingram Road District, will it not? 11 MRS. SHELTON: It has it in there, yes. 12 MR. REEVES: Yes. 13 COMMISSIONER BELEW: We just accepted the 14 rate. 15 MR. REEVES: Proposed rate. 16 COMMISSIONER BELEW: Proposed rate, yeah. 17 MR. REEVES: Yes, sir. 18 COMMISSIONER LETZ: So when does the hearing 19 need to be, what time? 20 MR. REEVES: I'd just put the same time as 21 the other ones and just take them in order. 22 COMMISSIONER LETZ: So then 9:45. So put 23 the hearing at 9:45. 24 JUDGE KELLY: Okay. I'm trying to remember, 25 who made the motion? 117 1 COMMISSIONER LETZ: I did. 2 JUDGE KELLY: Commissioner Letz made the 3 motion, and Commissioner Harris seconded it to set the 4 date and time on the public hearing for the 2020 tax 5 rate for the Lake Ingram Estates Road District at 9:45 6 a.m. on September the 14th. Any other discussion? This 7 is -- this is not a record vote, right? 8 MR. REEVES: No, sir. 9 JUDGE KELLY: Okay. So those in favor raise 10 your hand. Unanimous, five zero. 11 Going to Item 1.34 consider, discuss and 12 take appropriate action to set the date and time for 13 adoption of the 2020 tax rate for Lake Ingram Estates 14 Road District. 15 MR. REEVES: Yes, sir. This will just 16 require to set a time to adopt the rate that you just 17 voted to propose. 18 COMMISSIONER BELEW: Put the same time then. 19 MR. REEVES: Yeah, basically at the same 20 time. Yes, Commissioner. 21 COMMISSIONER LETZ: So this one would be -- 22 make a motion to set the date and time for the adoption 23 of the rate at 9:50 on September 14th. 24 COMMISSIONER BELEW: I'll second that. 25 JUDGE KELLY: Okay. Motion was made by 118 1 Commissioner Letz, seconded by Commissioner Belew to set 2 the time for 9:50 a.m. on September 14th. Those in 3 favor raise your hand. Unanimous, five zero. 4 1.35 consider, discuss and approve the 5 appointment of Alternative(sic) Judges for the term of 6 one year in accordance with the Texas Election Code 7 Section 32. 8 MR. REEVES: Yes, sir. If you'll recall, 9 last Monday Mrs. Alford submitted the name of judges and 10 Alternate Judges to the Court to approve. The number of 11 Alternate Judges had not been placed by their respective 12 party at the time of the meeting. 13 In your backup, you will see that Precinct 14 107's Alternate Judge will be Alicia Boyett. Precinct 15 109, Marie Samuel Glamser. Precinct 211, Judy 16 Weinstein. Precinct 303, Alice De Vore. Precinct 17 410 -- you had approved Daniel Stisser, he will be 18 moving to Precinct 417, and in his place for Precinct 19 410 will be Stephanie Ertel. And in Precinct 416, Sandy 20 Martin. 21 I respectfully request that the Court 22 approve the appointment of these Alternate Judges for 23 the precincts. 24 COMMISSIONER HARRIS: I move for approval. 25 COMMISSIONER BELEW: Second. 119 1 COMMISSIONER LETZ: Second. 2 JUDGE KELLY: Motion's been made by 3 Commissioner Harris, seconded by Commissioner Belew to 4 approve the Alternate Judges as presented. 5 COMMISSIONER MOSER: So Bob, you said that 6 these are just the Democratic party. You said that -- 7 MR. REEVES: The way the judges and the 8 alternate judges are selected, Commissioner, is the 9 party which has the Governor in office chooses the 10 judges. The alternate judges are chosen by the second 11 party. 12 COMMISSIONER MOSER: Okay. 13 MR. REEVES: And so these were not -- we did 14 not have these names as of last Monday. 15 COMMISSIONER MOSER: Okay. 16 MR. REEVES: And as you can tell, I will be 17 returning as there's still three precincts pending for 18 Alternate Judges. 19 COMMISSIONER MOSER: Yeah. Okay. Good 20 deal. Thank you. 21 COMMISSIONER LETZ: Bob, did I just miss it, 22 did you read Daniel Stisser's name? 23 MR. REEVES: Well, I read it as part of -- 24 that Mr. Stisser was the -- had been selected and 25 approved as Alternate Judge for 410, he now will be the 120 1 Judge for 417 as Stephanie Ertel will be for 410. 2 COMMISSIONER LETZ: Good. 3 COMMISSIONER MOSER: Okay. 4 COMMISSIONER LETZ: I move to approve the 5 appointment of Alternate Judges for a term of one 6 year -- 7 JUDGE KELLY: Okay. But we've already got a 8 motion and a second. 9 COMMISSIONER LETZ: Oh. I'm sorry. 10 JUDGE KELLY: If there's no other 11 discussion, those in favor raise your hand. Unanimous, 12 five zero. 13 MR. REEVES: Thank you, gentlemen. 14 JUDGE KELLY: Okay. Thank you. 15 COMMISSIONER BELEW: Thank you. 16 JUDGE KELLY: Very efficient. 17 Let's skip back and pick up Item 1.12, 1.13 18 and 14 as we go into the Sheriff's Office. 19 Item 1.12 Consider, discuss and take 20 appropriate action to replace Kerr County Sheriff Office 21 Unit #2, a 2018 Chevrolet Tahoe, which was totalled 22 during the pursuit on August 7, 2020. Sheriff 23 Hierholzer. 24 SHERIFF HIERHOLZER: You remember this was 25 more of a ratification, I guess you might say. I had -- 121 1 we had to authorize the purchase. I hadn't received the 2 vehicle yet but it is on its way. We finally found the 3 same year model, this year's model 2020, in Houston, and 4 the color and that, because we want to be able to take 5 the equipment out of the totalled vehicle and just move 6 it over to the new one and body styles are changing 7 drastically in the 2021 year model, so we were wanting 8 to find one that would fit. 9 The vehicle is going to cost us, I think I 10 put it in the backup, $34,174.46. And we are getting 11 30,000 -- $30,498.25 will be the payment after the 12 deductible to our -- on the insurance proceeds. 13 Plus, we will be able to submit any invoices 14 for the cost of removal and reinstallation of the 15 equipment in the new unit, along with any towing fees, 16 they have to tow the unit, tow it over to the 17 installation place to have the unit stripped and done. 18 COMMISSIONER MOSER: In the budget -- you 19 mentioned last week that you've got that covered and -- 20 SHERIFF HIERHOLZER: Right. We currently 21 have about $12,000.00 leftover proceeds in the hail 22 damage, some of the old ones we did, plus the 23 trade-in -- I don't know where our Auditor went -- but I 24 think there's -- from the ones we traded in this last 25 year for the ones that we got. Remember, we didn't 122 1 figure that in the budget. There's actually about 2 $30,000.00 surplus there. So the funds are definitely 3 covered in the current budget to be able to make this 4 happen. 5 COMMISSIONER HARRIS: Just out of curiosity, 6 how many miles did you have on that vehicle at that 7 time? 8 SHERIFF HIERHOLZER: That vehicle had 40 9 something thousand or 50 something. It was one of my -- 10 you know, to be honest, one of the better units. You 11 know, a lot of ours -- if it would have been the older 12 ones, you know, it would have had 150,000 and I wouldn't 13 have worried as much about it. But being that it's one 14 that's active and still in the fleet, I needed to get it 15 replaced. 16 COMMISSIONER HARRIS: Good. I move for 17 approval. 18 COMMISSIONER MOSER: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Harris, seconded by Commissioner Moser to 21 approve the replacement of the totalled vehicle as 22 presented. Any other discussion? Those in favor raise 23 your hand. Unanimous, five zero. 24 1.13 consider, discuss and take appropriate 25 action to approve a $500 donation from a citizen to the 123 1 Sheriff's Equipment Fund. 2 SHERIFF HIERHOLZER: And that's exactly what 3 it is. 4 COMMISSIONER MOSER: Move for approval. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Moser, seconded by Commissioner Harris to 8 approve accepting a $500 donation for the Sheriff's 9 Equipment Fund. Any other discussion? Those in favor 10 raise your hand. Unanimous, five zero. 11 1.14 consider, discuss and take appropriate 12 action to approve donating six spare Motorola radios to 13 the Center Point Volunteer Fire Department. 14 SHERIFF HIERHOLZER: And what this is, we 15 have several -- a number of spare radios from vehicles 16 getting replaced, you know, with the new vehicles and 17 all that. They're digital radios, they're not cheap, 18 but they are very good radios. And I received a letter 19 from Charles Holt, the fire chief at Center Point Fire 20 Department, and it states that Center Point Fire 21 Department is looking to acquire five to six digital 22 cable mobile radios. We are rapidly growing and finding 23 it difficult to keep up with our communication needs. 24 If you have any older or newer units available, it would 25 be a great help. 124 1 We do have those units available and I would 2 ask that the County surplus six radios that I currently 3 have, six of our spares and so that we may donate them 4 to Center Point Fire Department. Serial numbers are all 5 tracked. We keep track of it all. But they are -- 6 COMMISSIONER MOSER: And this really helps 7 their communication though. 8 SHERIFF HIERHOLZER: It helps them a lot 9 because these aren't cheap units. And if, what I 10 understand, something happens with the Elm Pass Fire 11 Department and all that, they have to pretty well be 12 digital now and a lot of these fire departments have, 13 you know, 10-year old, 15-year old radios that are 14 analog and not digital and that's -- 15 COMMISSIONER MOSER: And that's the case for 16 them. 17 SHERIFF HIERHOLZER: -- it's hard for them. 18 Okay. 19 COMMISSIONER HARRIS: Second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Moser, seconded by Commissioner Harris to 22 approve donating six spare Motorola radios to the Center 23 Point Volunteer Fire Department. Any discussion? Those 24 in favor raise your hand. Unanimous, five zero. 25 SHERIFF HIERHOLZER: And I had told them 125 1 it's kind of a first come, first serve so I'm sure I 2 will be hearing from some of the other fire departments 3 now. 4 COMMISSIONER HARRIS: You snooze you lose. 5 SHERIFF HIERHOLZER: Yep. That's it. 6 JUDGE KELLY: Okay. We'll go back on the 7 regular part of the Agenda to 1.36 consider, discuss and 8 take appropriate action to adopt a Hazardous Pay Policy 9 for Kerr County. Sheriff Hierholzer. 10 SHERIFF HIERHOLZER: Now, what I'm 11 presenting you today is, I alluded to it last week 12 during the budget process and I guess some of the 13 recording was a little bit off so I don't mind going 14 back through the reasons why if you want to hear them; 15 otherwise, there is a proposed order in there. 16 I will say that even though I feel any money 17 from the Federal Government we all pay for, it's not -- 18 there's no such thing as free, but this will totally be 19 coming out of the funds that the Federal Government has 20 forwarded to the County. 21 It has been looked at through their, I 22 guess, consultants and it does totally qualify for it. 23 So we will pay it up front and the County will be 24 reimbursed for these costs. 25 And my department, jail, Sheriff's office, 126 1 total, all those employees are on the front lines. 2 They're the ones that are -- that are having to deal 3 with this directly. Whether it's, you know, going into 4 homes, whether it's not knowing who we're going to 5 contact, whether it's giving CPR, whether it's coming 6 into the jail. And I can do -- I can go back into my 7 dog and pony show but I -- I don't want to waste your 8 time. But I would ask that you pass this order to 9 designate hazard pay for Sheriff's office and County 10 jail employees during this declaration. 11 The order actually says that the funds would 12 stop -- it's not a permanent, you know, pay increase for 13 employees. The funds would stop on the termination of 14 the Declaration of Local Disaster Related to COVID-19. 15 This order, if y'all just decided you're not going to do 16 it on this and still have the determination letter but 17 you can cancel this order and that would stop them, or 18 the availability of funds as being advised by the County 19 Auditor that those funds are gone. It does not get tied 20 into overtime pay. 21 In other words, what this order is, is that 22 amount per hour on top of their pay for their hours 23 worked. It doesn't matter if they work one hour or 80 24 hours this week, it's the same five dollars. It's not 25 time and a half on the five after the 40 hours or 160. 127 1 It still covers straight through. 2 JUDGE KELLY: And the actual hours worked. 3 SHERIFF HIERHOLZER: Actual hours worked. 4 The only other thing with this is I do not 5 want to be part of it. I don't think I should be part 6 of it. Number one is being elected. And I'm not really 7 on an hourly wage to begin with. You know, the hours I 8 work are the hours I work and since I don't turn in time 9 sheets and everybody else does, I don't think the 10 elected official should be part of this. 11 COMMISSIONER LETZ: I don't think Elected 12 Officials can be part of it. 13 SHERIFF HIERHOLZER: And they may not be 14 able to, I don't know. But I don't -- I don't want to 15 be. 16 COMMISSIONER MOSER: Well, I have -- 17 looking at the agenda item, this is to adopt a hazard 18 pay policy for Kerr County. So what is the policy for 19 Kerr County? 20 SHERIFF HIERHOLZER: What -- what I'm being 21 told by the Auditor in this, is the Sheriff's Office and 22 Jail qualify, period. There's other departments in the 23 County that may qualify at a certain percentage or 24 certain level or depending on what the employees 25 actually do and things like that and that could take 128 1 longer to -- to sit down, I think HR is even working on 2 that, if I'm not mistaken, on getting that to bring 3 break to y'all -- 4 COMMISSIONER MOSER: So my question is -- 5 let's cut to the chase. What is the policy? So this 6 is -- the agenda is for adopting a policy for the 7 County. And we don't have a policy. And nothing is 8 proposed. 9 SHERIFF HIERHOLZER: Mine is you're adopting 10 the Sheriff office and jail today -- 11 COMMISSIONER MOSER: But that's not what the 12 agenda item is. 13 SHERIFF HIERHOLZER: -- as part of it and 14 then you will adopt it for the overall County. 15 COMMISSIONER MOSER: Well, we need a 16 policy -- and I'm not objecting what you're doing 17 Sheriff, but I think we need a policy that addresses 18 everybody in the County. 19 MRS. LANTZ: I'm going to -- 20 COMMISSIONER MOSER: Just a second. Let me 21 finish. So -- but we haven't even had a discussion on 22 that. And I think that's a -- that's an important 23 issue. I think we need to look at -- across the board 24 in the County; not just in the Sheriff and the jail. 25 And there's a lot of public -- Road & Bridge, Animal 129 1 Services. So it's something that's all got to be 2 considered. 3 COMMISSIONER HARRIS: I got -- I say that 4 we -- you're right, we need a policy countywide. I 5 think today we need to pass it for the Sheriff's office. 6 COMMISSIONER MOSER: It's not what the 7 agenda item is. 8 COMMISSIONER BELEW: Well then, I have a 9 question -- 10 MRS. STEBBINS: Actually it is part of the 11 Kerr County policy. 12 COMMISSIONER MOSER: Under what? 13 COMMISSIONER BELEW: So passing it 14 establishes what we're doing. With the grant money, 15 Tanya, what are -- there are rules obviously that go 16 with it. So by passing this for the Sheriff's 17 Department, we would be accepting their terms -- 18 MRS. SHELTON: Yes. 19 COMMISSIONER BELEW: -- for how it pays and 20 to whom. And then with that goes percentages and so on, 21 if I'm hearing what the Sheriff is saying correctly? 22 MRS. SHELTON: You can pass the dollar 23 amount that you would like. This is for five dollars. 24 So there -- there's certain items that you would choose 25 so definitely we did check with the grant, and the 130 1 Sheriff's Office and Jail do qualify as reimbursement. 2 COMMISSIONER MOSER: That's not policy; 3 that's mechanics. 4 MRS. SHELTON: I'm not disagreeing with 5 that. 6 COMMISSIONER MOSER: Well, let's talk about 7 policy, that's the agenda item. 8 COMMISSIONER BELEW: Well, what I'm getting 9 at, Tom, is that we can accept it based on the 10 requirements of the grant. That basically establishes 11 the policy. Because you can't go -- look, we can't -- 12 COMMISSIONER MOSER: Let's -- let's hear 13 from Dawn. 14 MRS. LANTZ: Basically I'm going to 15 reiterate what the Sheriff said. I think right now we 16 need to do something for the Sheriff's Office, because 17 they are the ones on the front lines. 18 Now, we can adopt the policy later on to 19 encompass everybody else, but basically they've been on 20 the front line the whole time. They have not shut their 21 offices down, they have not worked remotely from home. 22 That money is there for the law enforcement agencies to 23 divvy out to their employees for the hazardous duties 24 that they've seen. 25 Now, whether it says policy or not, you 131 1 can -- it's a broad term on there. You can say, today 2 we're going to accept the Sheriff's Office on this 3 hazardous pay policy. And then you can come back and 4 amend it to include everybody else. 5 But I think today it needs to be 6 specifically for the Sheriff's office because they are 7 the ones on the front lines. 8 COMMISSIONER MOSER: Well, I -- I understand 9 all that. 10 MS. LANTZ: I don't know what the -- you can 11 amend the policy at any given time. 12 COMMISSIONER MOSER: Dawn, I understand 13 that. It's -- the agenda item is policy for the County. 14 How about Road & Bridge? How about Reagan? 15 MS. LANTZ: You're not leaving them out. 16 You're just -- 17 COMMISSIONER MOSER: We're not adopting -- 18 MS. LANTZ: -- you're going to amend it 19 later. 20 COMMISSIONER MOSER: We're not adopting a 21 policy. We're adopting a piece of a policy. 22 COMMISSIONER LETZ: I think -- I've talked 23 quite a bit with the Auditor and HR on this. And I 24 think the issue is we are not at a point we can do a 25 countywide policy, because it's very -- we have to be 132 1 very careful as to what the specific employees are doing 2 in specific departments. 3 COMMISSIONER MOSER: Right. 4 COMMISSIONER LETZ: There are other policies 5 -- this is part of the policy. And -- but there will be 6 a second part of the policy that also has been told to 7 us or them and them to me, that we need to be very 8 careful and do each department separately. So we're 9 going to have to do -- and we may be able to do that at 10 our next meeting and hopefully we'll be able to do the 11 rest of the Departments after we've done the analysis. 12 But every department is going to have their open policy 13 and their own Resolution because everyone's not -- you 14 know. 15 COMMISSIONER BELEW: How about this? That 16 we adopt a hazard pay policy for Kerr County employees 17 who qualify for hazard pay, not to exceed five dollars 18 per hour. That will leave it open to reviewing each 19 department just like you just explained. As we just 20 adopt it now, all employees who qualify, which will go 21 to the grant, for hazard pay not to exceed five dollars 22 per hour. 23 COMMISSIONER MOSER: Where do you -- 24 COMMISSIONER BELEW: I think if we pass that 25 now he gets what he wants, we review it later. 133 1 MRS. STEBBINS: And if you did that, you 2 could adopt that policy not to exceed five dollars an 3 hour because, of course, you know, these guys are on the 4 front lines and then you have to do a second piece under 5 this agenda item that would adopt the order to pay the 6 hazard fee of the five dollars to the Sheriff's 7 Department employees. So you would have -- it would be 8 a two-part approval under this agenda item. And I think 9 it's appropriate. 10 COMMISSIONER BELEW: And so just saying 11 beginning with the Sheriff's Department or stating it 12 and what's the legal -- 13 MRS. STEBBINS: Well, what -- I think that 14 what you said at first was to adopt a policy related to 15 hazard pay -- 16 COMMISSIONER BELEW: Right. 17 MRS. STEBBINS: -- within the terms of the 18 grant, not to exceed the five dollars. I think that's 19 acceptable. But then, you'd have that policy for 20 everyone countywide and each department could come 21 revisit that. But the Sheriff's is before you today. 22 And so you could approve it under that agenda item as 23 well, it just needs to be in two pieces, I think. 24 COMMISSIONER BELEW: Well, so what's the 25 second part then? I don't -- I still don't get that. 134 1 MRS. STEBBINS: To approve the order that's 2 making hazard pay for the Sheriff's office and County 3 jail during Disaster Declaration. Do you have that in 4 front of you? 5 COMMISSIONER BELEW: Oh yeah. So can I -- 6 I will then propose that we adopt the hazardous pay 7 policy for Kerr County employees who qualify for hazard 8 pay under the grant, not to exceed five dollars per 9 hour, and we'd begin with the Sheriff's Department. 10 COMMISSIONER LETZ: That's the second part. 11 COMMISSIONER BELEW: That's the second part. 12 Okay. So the second part -- 13 COMMISSIONER MOSER: So do the first part. 14 COMMISSIONER BELEW: -- is this entire -- do 15 I need to read all of this? 16 COMMISSIONER LETZ: No, that's -- just do 17 the first part and vote on it. 18 COMMISSIONER MOSER: Do the first part 19 first. 20 COMMISSIONER BELEW: Okay. So that's my -- 21 COMMISSIONER LETZ: Second. 22 JUDGE KELLY: Somebody restate what the 23 motion is. 24 COMMISSIONER BELEW: Here's the motion. The 25 motion is that we adopt a hazardous pay policy for Kerr 135 1 County employees who qualify for hazard pay according to 2 the grant, not to exceed five dollars per hour. 3 JUDGE KELLY: Okay. We're adopting the 4 policy? 5 COMMISSIONER BELEW: We're adopting the 6 policy. 7 JUDGE KELLY: Motion made by Commissioner 8 Belew, seconded by Commissioner Letz. Any further 9 discussion on that? 10 COMMISSIONER LETZ: I just want to say -- I 11 said a while ago, Don, I appreciate what you said. You 12 couldn't have said it any better than what -- I couldn't 13 have said it any better. I agree with you. And we'll 14 get to the other departments later. 15 MRS. LANTZ: I'm like -- I'm like the Court. 16 I agree all of the department's need to be visited. But 17 right now, I think what the Sheriff said, he's got the 18 most people on the front lines exposed. So, you know, I 19 can argue for my group but -- I will do that, but I feel 20 like his are more important right now and Road & Bridge 21 probably before us, but -- 22 COMMISSIONER HARRIS: And there are plans as 23 per the grant. 24 SHERIFF HIERHOLZER: Thank you, Dawn. 25 JUDGE KELLY: Okay. Those in favor raise 136 1 your hand. Unanimous, five zero. 2 Second part. 3 COMMISSIONER BELEW: I don't remember what 4 the County Attorney told us. 5 MRS. STEBBINS: You'll want to make a motion 6 to approve the order. 7 COMMISSIONER LETZ: Yeah. I -- I'll make an 8 motion that we adopt the order to designate hazard pay 9 for the Sheriff's office and County jail during the 10 disaster declaration as presented. 11 COMMISSIONER BELEW: I'll second that. 12 JUDGE KELLY: Motion made by Commissioner 13 Letz, seconded by Commissioner Belew to accept the order 14 to designate hazard pay for the Sheriff's Office and 15 County Jail during the Disaster Declaration. 16 SHERIFF HIERHOLZER: Now, I did -- as 17 discussion, I did put in there an effective date being 18 August 30th. And the reason I put that in, that's the 19 beginning of the next pay period for the County, which 20 would give HR and everybody time to get it, so it's not 21 effective today, that it's signed today. 22 I would also ask that you make the order 23 authorizing the Judge to sign same. 24 JUDGE KELLY: So the motion is amended to be 25 effective August 30th. Is that acceptable to the -- 137 1 SHERIFF HIERHOLZER: It's written in the 2 order. 3 JUDGE KELLY: I know it's in the order, I 4 just want to make sure it's in the first and the second. 5 COMMISSIONER LETZ: Yes. And authorize you 6 to sign. 7 COMMISSIONER MOSER: And that order is for 8 five dollars per hour? 9 JUDGE KELLY: Right. 10 COMMISSIONER LETZ: Yes. 11 COMMISSIONER MOSER: So discussion. That's 12 -- you know, that's -- that's about a 20 percent 13 increase in salary. I understand it's not for the whole 14 year. I understand it's for a time period. That -- 15 that's a big increase. It's 20 percent. 16 COMMISSIONER HARRIS: Well, and they qualify 17 for it. 18 JUDGE KELLY: I sat down and visited with 19 the Sheriff and he told me on a 40 hour week this 20 additional five dollars for the remainder of this year, 21 because these funds run out right now December 31, okay, 22 the CARE Act fund, for the average patrolman and his 23 deputy, probably about $2,500 more and that's -- he's 24 being paid over that period of time. 25 But for everything that we've done trying to 138 1 address the COVID crisis on the front line for the first 2 responders, that would be about a $2,500 pass through 3 increase. 4 COMMISSIONER BELEW: That's department-wide, 5 though, that's not just -- 6 COMMISSIONER MOSER: That's for the whole 7 department. 8 JUDGE KELLY: That's just his department. 9 COMMISSIONER BELEW: Yeah. 10 COMMISSIONER MOSER: But that's for 11 everybody in the Sheriff's Department? 12 JUDGE KELLY: Yeah. Right. 13 COMMISSIONER MOSER: So that's -- that's the 14 question. Does everybody in the Sheriff's Department 15 have the same exposure to hazard? 16 SHERIFF HIERHOLZER: Yes. 17 COMMISSIONER MOSER: Everybody in the 18 Sheriff's department? 19 SHERIFF HIERHOLZER: Not everybody has to go 20 into a room that -- you know, a house and a hotel, but 21 every single one of the clerks in the jail has had to 22 fill out paperwork and deal with inmates in a closed 23 ventilation system, you know, no windows. Everybody in 24 the Sheriff's office part, even the receptionist is the 25 one that walks out front and takes everybody's 139 1 temperature and asks questions of these coming in. 2 The emergency communication dispatchers are 3 in a room without windows you can open. But every 4 officer has to go in there and get all his paperwork 5 from the dispatchers. And it's a coming and going. 6 It's everybody in our department has that exposure. 7 COMMISSIONER MOSER: Including the 8 administrative assistant and everybody? 9 SHERIFF HIERHOLZER: Yes. 10 MRS. STEBBINS: They all come in contact 11 with one another. That officer goes into a hotel home 12 and he comes back in and talks to the administrative 13 assistant and -- 14 COMMISSIONER MOSER: I can see everybody in 15 the entire county could fit in this. 16 SHERIFF HIERHOLZER: So I'd invite you to 17 come out and -- 18 COMMISSIONER HARRIS: But I think, to me, 19 this grant was written for -- exactly for this. 20 JUDGE KELLY: And, to me, the deciding 21 factor is that this is pre-approved and it qualifies for 22 the CARES Act reimbursement. 23 COMMISSIONER BELEW: It doesn't cost us 24 anything. 25 JUDGE KELLY: Well -- 140 1 COMMISSIONER LETZ: Sort of. 2 JUDGE KELLY: These -- these are funds and 3 benefits that have already been appropriated and 4 approved to be distributed and -- and paid out at the 5 local level. 6 COMMISSIONER BELEW: Right. And by the way, 7 that brings up something. There's no lapse time, right? 8 There's -- there's money in the account -- 9 JUDGE KELLY: Yes. 10 COMMISSIONER BELEW: -- to cover this the 11 minute it starts? 12 MRS. SHELTON: Yeah. We'll have to spend 13 the money before we get it back, but we are still 14 working on the 20 percent that we had initially. So 15 once we've reached that point we'll be able to ask for 16 more money, so we will get it back. 17 COMMISSIONER MOSER: And the concern will be 18 if we run out of those funds from the grant before we 19 consider everybody in the County. That could happen. 20 COMMISSIONER HARRIS: Well, they're the most 21 important to me. 22 COMMISSIONER MOSER: Huh? 23 COMMISSIONER HARRIS: They're the most 24 important. 25 COMMISSIONER MOSER: Well, but I -- you 141 1 hadn't heard from everybody else. 2 MRS. SHELTON: Overall, Tom, it's going to 3 be -- let's just call it $500,000 is what it will take 4 for the rest of the year for the Sheriff's Office and 5 Jail. So -- and that includes all of the roll-ups. And 6 we have a $1.4 million grant. 7 COMMISSIONER HARRIS: And we've used up 8 approximately ten percent of that so far on PPE. 9 SHERIFF HIERHOLZER: And this won't even 10 take up half of what you have. 11 MRS. SHELTON: And not everyone at the 12 County qualifies for reimbursement from this grant. 13 COMMISSIONER MOSER: Okay. 14 JUDGE KELLY: I think everybody understands 15 what's before the Court. This is on the second motion. 16 Any other discussion? Those in favor raise your hand. 17 Those opposed? 18 COMMISSIONER MOSER: Abstain. 19 JUDGE KELLY: So it's four, zero, one. 20 SHERIFF HIERHOLZER: Thank you, gentlemen. 21 And from all the employees, thank you. It means a lot. 22 JUDGE KELLY: Thank you. 23 Ms. Peters, you've had to wait a long time. 24 I'm sorry. 25 MS. PETER: That's all right. 142 1 JUDGE KELLY: 1.37 consider, discuss and 2 take appropriate action to approve the Statewide 3 Automated Victim Notification Services grant contract 4 for Fiscal Year 2020. Miss Peter. 5 MS. PETER: This is just a pass-through 6 grant basically. So we are given money to monitor what 7 they call the VINE System, which is how our victims 8 register and know when a defendant is getting out, for 9 example domestic violence, whatever. If they register, 10 this system takes care of it. We are given grant money 11 to pay for that. So it just sort of passes through us 12 and we pay it right back to a company so. 13 JUDGE KELLY: And we do this every year. 14 MS. PETER: Every year. 15 COMMISSIONER BELEW: Move for approval. 16 COMMISSIONER HARRIS: Second. 17 JUDGE KELLY: Motion's been made by 18 Commissioner Belew, seconded by Commissioner Harris to 19 approve the Statewide Automated Victim Notification 20 Services grant contract. Any other discussion? Those 21 in favor raise your hand. Five zero. Thank you 22 Ms. Peter. 23 MS. PETER: Thank you. Appreciate it. 24 JUDGE KELLY: Okay. We have come to the 25 point in the agenda where the last three items -- well, 143 1 we've got 1.38, 1.39, and 1.40, all have to do with 2 contract negotiations and the consideration of property 3 purchases. And I don't know how the Court wants to do 4 it. 5 These are going to be contract negotiations 6 if we want to take that into Executive Session, we will 7 need to have a unanimous vote to go into Executive 8 Session and we'll need to have a written opinion from 9 the County Attorney, which I happen to have in my 10 possession, if we choose to do that. 11 What I think might be more productive, I'll 12 defer to how you want to do this. Perhaps we go into 13 Executive Session, talk over the details, and then come 14 out of Executive Session. We can talk about it before 15 Executive Session but there are going to be a lot of 16 things we can't talk about and we'd have a more complete 17 discussion once we come out of Executive Session. 18 COMMISSIONER HARRIS: I do think we need to 19 have a little discussion when we come out and let 20 everybody know what's transpired. 21 JUDGE KELLY: Absolutely. So with that, I'm 22 going to make a motion that we go into Executive Session 23 for contract negotiations. 24 COMMISSIONER HARRIS: Second. 25 COMMISSIONER LETZ: Second. 144 1 JUDGE KELLY: Oh. Do we need to skip over 2 and go ahead and pay the bills before we do this? 3 MRS. SHELTON: Either way. 4 JUDGE KELLY: Let's do that. It just makes 5 more sense so people don't have to sit around and wait 6 on that. So I'm going to put that on hold. We'll come 7 back to it so the public just -- never mind. We'll be 8 back. 9 We're going to go over to the Approval 10 Agenda. Item 2.1 pay the bills. 11 MRS. SHELTON: Invoices for today's 12 consideration include $293,771.81 for Kerr County, 13 $959.51 for the Airport, $13,825.95 for Adult Probation, 14 $882.28 for Juvenile Probation, $179.00 for the 216th DA 15 Forfeiture Fund, $228.75 for the County Clerk fees, 16 $6,406.20 for the County Attorney hot check fund, and 17 for the 198th DA Forfeiture Fund $949.28. 18 We also have for the Texas Water Development 19 Board, this is for the sewer project. This is 20 release -- monthly release of the escrow money. We have 21 $1,251,630.32. 22 COMMISSIONER MOSER: Move to pay the bills. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: Motion's been made by 25 Commissioner Moser, seconded by Commissioner Belew to 145 1 pay the bills as presented. Any further discussion? 2 Those in favor raise your hand. Unanimous, five zero. 3 Our next item on the Agenda is budget 4 amendments. 5 MR. ROBLES: Yes. We have seven today. One 6 for nondepartmental, County Court at Law, County 7 Attorney, Sheriff, County Clerk, Maintenance, and Road & 8 Bridge. These are all inter-department transfers. 9 COMMISSIONER HARRIS: Move for approval. 10 COMMISSIONER LETZ: Second. 11 JUDGE KELLY: Motion's been made by 12 Commissioner Harris, seconded by Commissioner Letz to 13 approve the budget amendments as presented. Is there 14 any discussion? Those in favor raise your right hand -- 15 your hand. Unanimous, five zero. 16 Late bills. 17 MRS. SHELTON: For Kerr County we have 18 $529.00. 19 COMMISSIONER LETZ: Move for approval. 20 COMMISSIONER BELEW: Second. 21 JUDGE KELLY: Motion's made by Commissioner 22 Letz, seconded by Commissioner Belew to approve paying 23 the late bills. Any discussion? All in favor raise 24 your hand. Unanimous, five zero. 25 Any Auditor reports? 146 1 MRS. SHELTON: There are not any. 2 JUDGE KELLY: Okay. Monthly statements -- 3 no. Monthly Reports. 4 COMMISSIONER HARRIS: Yes. For July of 2020 5 Environmental health, OSSF monthly activity report, 6 Director Ashli Badders. Fines, judgments and jury fees, 7 J.P. 1, Mitzi French, J.P. 2, J. R. Hoyne. Animal 8 Control Services, Director Reagan Givens. Indigent 9 Services, Director of Human Resources Jennifer Doss. 10 District Clerk Dawn Lantz. County Clerk Jackie "J.D." 11 Dowdy, and County Treasurer Tracy Soldan. I move for 12 approval. 13 COMMISSIONER BELEW: Second. 14 JUDGE KELLY: Motion made by Commissioner 15 Harris, seconded by Commissioner Belew to approve the 16 monthly reports as presented. Any discussion? Those in 17 favor raise your hand. Unanimous, five zero. 18 Court orders. 19 COMMISSIONER LETZ: Yes. We have the court 20 orders from our Monday, August 17th meeting. One Court 21 Order I did have a slight change to. It's Court Order 22 38223, and it previously read, approve and accept the 23 recommendations of the Capital Improvement Planning, CIP 24 Committee, and authorize said committee to proceed with 25 negotiations regarding real property purchases. 147 1 I think the correct order should be to 2 insert the word, "through the County Judge" after 3 committee because it was actually the Judge was the one 4 doing the negotiations and not the committee. So with 5 that one modification, I move for approval. 6 COMMISSIONER HARRIS: Second. 7 JUDGE KELLY: Motion's been made by 8 Commissioner Letz, and seconded by Commissioner Harris 9 to approve the Court Orders as presented with the one 10 revision. Any discussion? Those in favor raise your 11 hand. Unanimous, five zero. 12 Information Agenda 3.1. Status reports from 13 Department Heads. Any Department Head reports? 14 3.2 Status reports from Elected Officials. 15 Any Elected Officials reports? 16 3.3 Status reports from Liaison 17 Commissioners. 18 COMMISSIONER LETZ: I have one. Amazing how 19 much -- what a stir that water discussion that the 20 Animal Control Facility had last week. But the good 21 news is the issue has been resolved. The City moved the 22 meter and -- over right next to the building. And that 23 when it was reconnected solved the issue. I'm not sure 24 where the issue was, but the issue has been solved. The 25 City got right on it and -- very quickly and there will 148 1 be a refund of the excess water. 2 COMMISSIONER MOSER: So it was a leak 3 between the City property and the County somewhere? 4 COMMISSIONER LETZ: Somewhere. And it was 5 part of the -- it was a much better situation to have 6 the meter next to the building as opposed to over on 7 City property, so -- 8 JUDGE KELLY: Good. Good solution. 9 COMMISSIONER LETZ: Good solution. The City 10 and County worked very closely together and got it done 11 quickly. 12 COMMISSIONER MOSER: Very good. 13 JUDGE KELLY: Any other Liaison Commissioner 14 reports? I'll just reiterate that things look very, 15 very good on the Texas Indigent Defense Commission 16 Grant. And we're expecting that grant will fund October 17 1, so we are moving through. 18 That's the first year. That's the four-year 19 grant cycle. First grant is an 80/20 match for four -- 20 five counties. And then it's two-third, one-third 21 matching grants for the next three years. 22 COMMISSIONER MOSER: Two-thirds, one-third. 23 Okay. 24 JUDGE KELLY: Okay. So with that, I think 25 we completed the agenda but for the discussion about 149 1 these real properties. And for those of you all that 2 are watching this on YouTube, items 1.38, 1.39 and 1.40 3 correspond to the Executive Session agenda under 4.4, 4 which is deliberation regarding real property. And 5 there's an A and a B and a C, and you can see that 6 they're mirror images. And those are the items that we 7 will talk about in Executive Session and come out and 8 report on it. 9 MRS. STEBBINS: We need to take a vote on 10 that. 11 JUDGE KELLY: Right. Right. 12 MRS. STEBBINS: You made a motion and 13 Commissioner Harris made a second. 14 JUDGE KELLY: Right. And so to pick up 15 where we were, we were in the process of -- we had a 16 motion that was made by Commissioner Harris in -- 17 MRS. DOWDY: Well, you made the motion. 18 JUDGE KELLY: I made the motion -- 19 COMMISSIONER HARRIS: You made the motion. 20 JUDGE KELLY: -- and Commissioner Harris 21 seconded for us to go into Executive Session to discuss 22 these -- these matters. So we have to have a unanimous 23 vote on that. Those in favor raise your hand. It is 24 unanimous. 25 We will go into Executive Session at this 150 1 time and then we will come out shortly. 2 COMMISSIONER LETZ: Can we have a 3 five-minute break in between? 4 JUDGE KELLY: Yeah. Five-minute break in 5 between. 6 (Executive Session.) 7 JUDGE KELLY: (Gavel bang.) Kerr County 8 Commissioners' Court is back in session. It is 12:36, 9 and at this time I'm going to call on agenda item 137, 10 138 and 139. We'll take them up in order. 137 -- 1.37 11 is consider, discuss and take appropriate action -- 12 MRS. GRINSTEAD: 138. 13 JUDGE KELLY: No, 138. Consider, discuss 14 and take appropriate action on recommendation to 15 purchase property located at 424 and 550 Earl Garrett 16 Street in Kerrville. 17 What that -- and I put that on the agenda, 18 and I think everybody knows that the Capital Improvement 19 Planning Committee has been working on the future 20 capital needs for the County. And in their report last 21 week, one of the things that they pointed out was that 22 the Tax Office in all probability, and absolutely will 23 have to be relocated because we're going to have to use 24 a big part of that office for the jury room, for a 12 to 25 14-person jury room, which is now mandated by the State 151 1 for County Courts at Law. And so when we take that 2 office space out of the Tax Office, we have to come up 3 with an alternative of where we're going to locate the 4 Tax Office. 5 All of this was started by the grant 6 application that we made from the Public Defender's 7 Office. And we're talking -- what we're going to talk 8 about today is the purchase of property to be able 9 accommodate our present needs. 10 The Tax Office needs -- we need to move that 11 traffic away from the courthouse, and put it in an 12 environment where you don't have to go through security 13 and all the things that we have to do here at the 14 courthouse. 15 The other thing that is the big capital need 16 that we have for County is that we are about to be 17 awarded, and I say that with confidence, we're about to 18 be awarded a two and a half million dollar grant to 19 establish and host a five-county Public Defender's 20 Office, a regional Public Defender's Office. That will 21 have 31 employees, 21 attorneys, and ten lay-employees. 22 The office would be primarily located here 23 in Kerr County, and we will be host to that, and we need 24 a facility to be able to accommodate the 21 employees 25 who will be in Kerr County. There will be ten, six 152 1 lawyers and four lay-people that will be in Hondo, in 2 Medina County. And Medina County Office will service 3 Medina and Bandera County, and the Kerrville office will 4 service Kendall, Gillespie, and Kerr Counties. 5 And we need in the neighborhood of three 6 thousand to four thousand square feet of office space to 7 be able to house that office. We submitted our grant 8 application with these other four counties. It was very 9 favorably received. The Grant Review Committee for the 10 Texas Indigent Defense Counsel met last week, and I was 11 invited to present, and had an opportunity to visit with 12 them personally. 13 There were ten applicant statewide for the 14 Texas Indigent Defense Grant, and they accepted five of 15 the ten. And of the five the number one rated grant was 16 ours, the Hill Country Regional Public Defender's 17 Office. And it's two and a half million dollars grant 18 for the first year, which is an 80/20 matching grant. 19 The State pays 80 percent, and County pays 20 percent, 20 and that's for the first year. Then the sustaining 21 grants for years two, three and four would be one-third 22 two-thirds, and the matching portion comes from all five 23 counties, we'll share that with the other four counties. 24 Now, that makes a huge difference -- a huge 25 as they say -- the contemporary people, maybe not my 153 1 generation, call it a game changer. It's a major game 2 changer for Kerr County. Our indigent defense costs 3 last year was almost $750,000.00. Everyone knows and 4 understands that criminal defendants have a right to an 5 attorney. But do you know and understand who pays for 6 that attorney. The County does. And we pay them at 70 7 and $75.00 an hour. And we still spend three quarters 8 of a million dollars a year on that. 9 This new Regional Public Defender's Office 10 with the setting that we worked up with their Commission 11 and their representatives, employees, we will actually 12 save -- by doing this, we will save $310,000.00 in the 13 first full year of operation from the operation of this 14 Public Defender's Office. 15 COMMISSIONER MOSER: Kerr Count will. 16 JUDGE KELLY: Kerr County will. That's the 17 Kerr County portion. And you know, most lower for the 18 other counties, we're the biggest county in the group. 19 Medina County and Kerr County are about the same size. 20 So we've been incentivized to try accommodate housing 21 this Public Defender's Office. 22 And for those of you that have looked 23 around, shopped around for office space in Kerrville, 24 you know that there is precious little. And we located 25 just up the street, one block up the street on Earl 154 1 Garrett, that was the Sunday School building and the 2 sanctuary of the old Church of Christ that used to be on 3 the corner, which is behind Valero right there on North 4 Street and Earl Garrett on that corner. 5 There is a two-story office building that's 6 ten thousand square feet that we've been negotiating 7 with the owners. And next to it is the old sanctuary 8 building, which is 3,676 square feet, right at 37 9 hundred square feet. And a vacant lot next to Jim 10 Morris Jewelers, so anybody wants to drive by. There is 11 the sanctuary building is 600 Earl Garrett. The Sunday 12 School building, which is a converted office building, 13 is 550 Earl Garrett. 14 And then if you go across North Street 15 directly behind the police station there is a parking 16 lot that is included with this property, all three 17 listed separately, and that is 424 Earl Garrett. It's 18 right by the old taxidermy place behind Grime's Funeral 19 Home. 20 And we've been negotiating on these 21 properties in order to be able to house this public 22 defenders office. And it's a little bit like musical 23 chairs. As we look for places to be able to put a 24 department or an office, we have to move something else 25 around. 155 1 The big issues that we're dealing with right 2 now is where are we going to put the Tax Office, and 3 where are we going to put the PDO. And the properties 4 up the street represent probably the best opportunity 5 for us. And the CIP has been working with this -- oh, 6 with these properties specifically, I'd say at least six 7 to nine months on these properties. And the sellers 8 have been very cooperative with us. 9 And so on this first agenda item on 137, 10 which is -- 138, I'm sorry, I did that wrong twice, is 11 on the property for the parking lot and the two-story 12 office building at 550 Earl Garrett. We submitted an 13 earnest money contract and negotiated potential purchase 14 of that building and the parking lot across the street, 15 which will require some modifications in order to be ADA 16 compliant, and we have negotiated with them to do that 17 for a contract price to purchase that property for 18 $790,000.00, and for an allowance of up to $250,000.00 19 to put in the elevator and relocate the stairs, and make 20 the bathrooms upstairs ADA compliant. 21 And so that is what the CIP has recommended, 22 and I have helped them negotiate that and worked with 23 the sellers on this, and bring that to Court and 24 recommend that this Court -- the earnest money contract, 25 by the way, so that everybody knows, are not binding. 156 1 We've negotiated them with the sellers, but they're not 2 binding until this Court approves these contracts. 3 And so on behalf of the seller and on behalf 4 of the CIP, I bring before the Court that contract and 5 request that this Court approve it. And should be lots 6 of discussion about that, but I want to go ahead and set 7 the stage. 8 COMMISSIONER HARRIS: I move for approval. 9 COMMISSIONER LETZ: I second. 10 COMMISSIONER MOSER: One's item 138, and 11 then one item's 139. 12 JUDGE KELLY: I haven't gotten to 139 yet. 13 COMMISSIONER MOSER: So you are talking 14 about 138. 15 JUDGE KELLY: Do them one at a time. 16 Motion's been made by Commissioner Harris and seconded 17 by Commissioner Letz to approve the purchase of the 424 18 and 550 Earl Garrett properties as presented. 19 COMMISSIONER LETZ: And that is $790,000.00 20 plus the $250,000.00 allowance for improvements, and 21 earnest money contract to issue -- well actually that 22 comes under a later agenda item. Not to exceed 250,000, 23 earnest money contract 25 thousand. 24 JUDGE KELLY: Right. But I think it's 25 important to unpack this for the public so they 157 1 understand what we're really doing. We need a place to 2 put Public Defender's Office. The upstairs of that 3 building does not have an elevator in it at this point, 4 but will need one, is where we're proposing to house the 5 Public Defender's Office. 6 It is as far as as net leasable space, this 7 does not count public areas, hallways, bathrooms, or 8 mechanical, is about three thousand square feet, 9 approximately, upstairs and downstairs. They were old 10 Sunday School classes that have been cut into 11 office-size -- reasonable office-size spaces. And we 12 think we can house the Public Defender's Office and 13 occupy that entire second floor. 14 Now, when the Public Defender's Office 15 occupies the second floor of that building, the 16 five-county Public Defender's Office will be 17 self-governing, but they will pay rent to Kerr County 18 for that space. And -- and Kerr County will pay its pro 19 rata share, and the other counties will pay their pro 20 rata share. 21 And if you're asking how we're going -- 22 what's determining pro rata will probably be on case 23 loads. We think that -- we think that's much more 24 accurate than trying to do population. But we still 25 have to meet with the other four counties and work out 158 1 some of those details. 2 But the rent that gets paid will be under 3 anywhere probably about two thirds by our neighboring 4 counties, which will defray the cost of the purchase 5 that we're making. We end up owning the building, and 6 they're helping pay the rent, and that's a win-win. 7 COMMISSIONER LETZ: Judge, I think another 8 point just so probably the public can understand is that 9 including the renovations of up to 250 thousand, we're 10 paying $104.00 a square foot for that building, and that 11 is probably conservatively half the cost it would cost 12 for us to build a new building. Less than half. 13 JUDGE KELLY: On the CIP when we were 14 looking at possibly building a courthouse annex in 15 Ingram, some of these other improvements we talked 16 about, we were using an estimate of 250 a square foot. 17 COMMISSIONER LETZ: That's important. This 18 is financially, it a very very prudent decision to go 19 this route. 20 COMMISSIONER MOSER: And the location is -- 21 COMMISSIONER HARRIS: Ideal. 22 COMMISSIONER MOSER: -- ideal. 23 COMMISSIONER HARRIS: Ideal. And it sets us 24 up for a long time. You know, traffic around here. You 25 know, we got that extra parking lot. I mean it's within 159 1 walking distance courthouse. It's just a win-win. 2 COMMISSIONER BELEW: And this -- the remodel 3 money you're talking about is not to make the place 4 fancy and do a facelift; it's to make sure it's 5 compliant so that everybody can get in there. 6 JUDGE KELLY: Bathrooms. 7 COMMISSIONER BELEW: Utilitarian. 8 JUDGE KELLY: Bathrooms, elevator and 9 staircase. 10 Any other discussion on this? Any other 11 elaboration that we can provide the public? 12 One thing I did not mention was we're 13 talking about the second story of the building for the 14 PDO, the Public Defender's Office. The downstairs of 15 the building has some tenants in it now. All of which 16 will vacate when their leases will expire by next 17 summer. 18 And so, what the County will gain is another 19 suite of offices that would allow for County expansion, 20 and relocation of offices that are over crowded here at 21 the courthouse, which fit in perfectly with the Capital 22 Improvement Planning Committee long-term plan for the 23 County. 24 COMMISSIONER MOSER: And I think we said, 25 this looks 20 years in the future. So this really sets 160 1 the courthouse administrative offices and services for 2 the next 20 years. 3 JUDGE KELLY: Yes. And remarkably, we're 4 probably more than doubling our footprint downtown in 5 Kerrville a block from the courthouse, which is 6 virtually unheard of to be able to -- 7 COMMISSIONER HARRIS: And I call it looking 8 being the curtain, because what this committee did. And 9 I was fortunate enough to actually walk around with them 10 when they toured the courthouse here. And the 11 expressions on their faces were -- just were amazing, 12 and couldn't understand how we were getting by in our 13 cramped storage areas here, and IT, and down there in 14 the cave and everything else. They couldn't understand 15 you know. 16 But the public doesn't get to see that, you 17 know, go through all the different offices and see how 18 crammed everything is. And they just flat laughed when 19 they looked in at our offices here. Ours are fine, but 20 the others are in need as well. 21 COMMISSIONER BELEW: The Judge mentioned 22 musical chairs. For any of the younger people that play 23 Tetris, that's what the courthouse is. Playing Tetris, 24 you gotta move this thing and that thing, you gotta go 25 over, and that sort of thing. 161 1 JUDGE KELLY: And for the public, you heard 2 earlier in the day that we had our financial advisor in 3 to talk to us about the tax notes. For the short term, 4 we're looking to pay for this asset with the tax notes 5 and that's why we have the Reimbursement Resolution so 6 we can start putting pieces together and how we're 7 trying to be prepared. 8 What we don't know is what they're 9 estimating the interest rate is going to be on these tax 10 notes. And that's 1.25 percent, one and a quarter 11 percent interest, is what we can get to make this 12 expansion at this time. And so it's a confluence of 13 opportunities that have brought us to the point that 14 we're able to realistically look at doing this at this 15 point. Any other discussion? 16 COMMISSIONER BELEW: Well, that could -- 17 I'll just say this, this one thing. That could have all 18 passed this five without some leadership and guidance. 19 And I'll leave it it all at that. We could have missed 20 all that. 21 JUDGE KELLY: What? 22 23 COMMISSIONER BELEW: The way it came 24 together. 25 COMMISSIONER HARRIS: Great job. 162 1 COMMISSIONER BELEW: We've all heard about 2 great deals after they were over with. 3 JUDGE KELLY: So let me go ahead and call 4 the question, those in favor raise your hand. 5 Unanimous, five zero. 6 Now let's talk about the second property. 7 This is going to be item 1.39 on the agenda. This is 8 the property at 600 Earl Garrett. It's a very different 9 property. And it has different opportunities and 10 challenges with it. 11 That property was originally listed for 12 $480,000.00. And what it includes is an old sanctuary 13 building that's about six feet away from that two story 14 Sunday School building that we just voted to approve the 15 contract. 16 And it is right at 3700 square feet, and 17 it's -- it's kind of what you would probably expect in 18 an old church. It's a big box, with vaulted ceiling, 19 which will have to of some kind at some point dropped 20 ceiling in there so we're not air-conditioning and 21 heating that whole ceiling area. 22 But it is a good size building. And we 23 looked at it with an eye towards moving the Tax Office 24 to that sanctuary. And for those of you who drive by 25 and look at it you'll see that there's a driveway right 163 1 behind the north side of that building. And there are 2 big kind of plate glass windows on that side where we 3 could actually install a drive-in, drive-up kiosk and be 4 able to do a lot of our tax business and transactions 5 from their cars, instead of them having to get out and 6 come into the courthouse. 7 It has it has some old bathrooms that are 8 elevated one step, we're going to have to do something 9 about at some point. In the back of it there's -- the 10 back of the building across the back, there's one step 11 down into what was an old kind of kitchen area. And at 12 some point we're going to have to deal with that. 13 But at this point, the recommendation from 14 the CIP, that I endorse, is that we go ahead and try to 15 buy that building, too. And we negotiated on that. In 16 order to be able to tie this whole campus, we can have 17 that half that half a block from here going all the way 18 up Earl Garrett literally where Jim Morris Jewelry is. 19 The negotiation on that we countered at 42, 20 they countered back at us at 478, so you get the drift 21 of this. And what we eventually did, and are bringing 22 to the Court and requesting for you to approve, is we 23 split the difference at 460. And that would give us 24 that entire undeveloped lot and the sanctuary next door 25 to the new building that we've already agreed to make 164 1 part of our County Campus. And so, I would present that 2 to the Court and recommend that the Court approve that. 3 COMMISSIONER MOSER: So move. 4 COMMISSIONER HARRIS: Second. 5 JUDGE KELLY: Okay. Motion being made by 6 Commissioner Moser and seconded by Commissioner Harris 7 to approve the purchase of 600 Earl Garrett for 8 $460,000.00. Again, we're talking about the same type 9 type of financing arrangements here. 10 COMMISSIONER HARRIS: One thing I'd like to 11 point out to the people watching, maybe if you haven't 12 been following this or hear the CIP report, it's not 13 like we're on a buying spree. We also looking to sell 14 some property as well in the near future. So it's not 15 like we're just trying accumulate properties. 16 JUDGE KELLY: I don't think we really need 17 to go into detail on the agenda item, but we have 18 property identified that we could liquidate that we 19 expect would net maybe between 9 hundred to a million 20 dollars. 21 COMMISSIONER BELEW: What we're doing it for 22 is efficiency. 23 JUDGE KELLY: Yes. 24 COMMISSIONER LETZ: A few other things. 25 This one, from a -- is not quite as attractive stand 165 1 alone as the other one. I think you can figure out this 2 is going to be probably about 170, $180.00 a square foot 3 by the time we renovate it. Still below what a new 4 building would cost. But the advantage is that it fits 5 the need that we do need for a Tax Office, it fits in 6 there very well because it does have a large open space 7 so we can configurate it the way we need to. The 8 proximity of the courthouse, we could not duplicate that 9 other than this property. 10 Security standpoint, rather than having all 11 these -- it's kind of condensed in a downtown campus so 12 it makes sense from a lot of different reasons, you 13 know. It's not quite as financially attractive as the 14 other one, but it does fit the needs and we have a use 15 for it almost immediately. 16 JUDGE KELLY: And it creates for the synergy 17 for us to all be right here. 18 COMMISSIONER HARRIS: I don't know how many 19 times I've heard over the last four or five months the 20 need for a drive-thru window or something for the Tax 21 Office or something because of people not wanting to get 22 out of their vehicles and come inside, for whatever 23 reason, or just efficiency of it, so leave it at that. 24 COMMISSIONER BELEW: The alternative is that 25 pull up, honk your horn for curbside. 166 1 COMMISSIONER HARRIS: There you go. 2 COMMISSIONER MOSER: No, no. It doesn't 3 work quite that well, because we gotta do something for 4 County Court at Law. Okay. That pushes the tax people 5 out. Okay. The Tax Assessor-Collector, Voting, okay, 6 so you gotta put them somewhere, so the square footage 7 as Commissioner Letz says fits for that. The proximity 8 is good, so it's a good move. 9 COMMISSIONER HARRIS: Another mandate kind 10 of forces our hand. 11 JUDGE KELLY: We'll leave the last one for 12 the PDO'S mandated, they're funding that one for us. 13 COMMISSIONER HARRIS: Exactly. 14 JUDGE KELLY: Okay. We'll call the 15 question. Those in favor raise your hand. Unanimous, 16 five zero. 17 Now let's move on to the technical one, 18 which is item 1.40 consider, discuss and take 19 appropriate action for issuance and payment of earnest 20 monies for properties located at 424, 550, and 600 Earl 21 Garrett Street. 22 And this is the nuts and bolts that goes 23 into approving the order for the Auditor and the 24 Treasurer to make arrangements to issue the checks to go 25 with earnest money contracts to the title company. 167 1 COMMISSIONER LETZ: I'll make the motion 2 that we approve the Treasurer's disbursement of the 3 earnest money contract in the amount of $10,000.00 for 4 600 Earl Garrett. And the earnest money contract in the 5 amount of $25,000.00 for 424 and 550 Earl Garrett. 6 COMMISSIONER BELEW: Second. 7 JUDGE KELLY: Motion being made by 8 Commissioner Letz, seconded by Commissioner Belew to 9 fund the earnest money for the respective properties. 10 Ten thousand and 25 thousand dollars each, to be 11 deposited at the title company. Any other discussion? 12 All in favor raise your hand. Unanimous, five zero. 13 COMMISSIONER LETZ: Judge, I just want to 14 make a note. I don't know if I ever said this. The 15 County Attorney has reviewed those contracts. 16 JUDGE KELLY: Yes. 17 MRS. STEBBINS: Well, just now. 18 JUDGE KELLY: Any other business before the 19 Court today? Then we stand adjourned. 20 * * * * * * 21 22 23 24 25 168 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 2nd day of September, 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