1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, September 14, 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. 6 4 1.1 Consider, discuss and take appropriate 12 action regarding update, facility use and 5 other matters related to COVID-19. 6 1.2 Consider, discuss and take appropriate 30 action to extend the Local State of 7 Disaster Due to a Public Health and Economic Emergency Proclamation that was 8 signed by Judge Kelly on March 24, 2020, and "extended until terminated by 9 order of the Kerr County Commissioners' Court" on March 30, 2020. 10 1.3 Consider, discuss and take appropriate 35 11 action regarding funding for the Kerr County Historical Commissioner for FY 12 2020-2021. 13 1.4 Consider, discuss and take appropriate 56 action regarding the National and Global 14 Day of Prayer and Repentance event scheduled for September 26, 2020 from 15 10 a.m. to 2 p.m. on the courthouse grounds. 16 1.5 Consider, discuss and take appropriate 56 action to approve Kerr County Investment 17 Policy. 18 1.6 Consider, discuss and take appropriate 57 action to ratify and confirm proposal with 19 Republic Services for two 8-yard containers for the Project Barn at the Hill Country 20 Youth Event Center. 21 1.5 Consider, discuss and take appropriate 60 action to approve Kerr County Investment 22 Policy. 23 1.7 Consider, discuss and take appropriate 61 action regarding any changes to the 24 proposed Kerr County Budget for FY 2020- 2021. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.8 Public Hearing on proposed Kerr County 67 Budget for FY 2020-2021. 4 1.9 Consider, discuss and take appropriate 67 5 action to adopt the Elected Officials salaries. 6 1.10 Public Meeting/Hearing on proposed Kerr 69 7 County and Lateral Roads 2020 tax rate. 8 1.11 Public Meeting/Hearing on proposed Lake 69 Ingram Estates Road District tax rate. 9 1.12 Consider, discuss and take appropriate 69 10 action to adopt FY 20-21 Kerr County Budget and take a record vote. 11 1.13 Consider, discuss and take appropriate 73 12 action to take a record vote to adopt the 2020 Kerr County tax rate. This will be 13 the combined tax rate for Kerr County and Lateral Roads. 14 1.14 Consider, discuss and take appropriate 75 15 action to adopt the 2020 Lake Ingram Estates Road District tax rate. 16 1.15 Consider, discuss and take appropriate 76 17 action to approve the Kerr 9-1-1 Fiscal Year 2021 Budget. 18 1.16 Consider, discuss and take appropriate 78 19 action to abandon, vacate and discontinue a portion of road at the end of Encino 20 Drive, approximately 100 feet. 21 1.17 Consider, discuss and take appropriate 95 action to receive bids for Phase II and 22 Phase III of the Kerr County Center Point Wastewater Project. 23 1.18 Public hearing to remove the road name of 104 24 Padre Pio Dr. W. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.19 Consider, discuss and take appropriate 105 action for the Commissioners' Court final 4 approval to remove the road name of Padre Pio Dr. W. 5 1.20 Public hearing regarding the installation 106 6 of a stop sign at the intersection of Horizon Blvd. S. and Sheppard Rees Rd. S. 7 1.21 Consider, discuss and take appropriate 106 8 action for the Commissioners' Court final approval regarding the installation of a 9 stop sign at the intersection of Horizon Blvd. S. and Sheppard Rees Rd. S. 10 1.22 Consider, discuss and take appropriate 111 11 action for the Commissioners' Court to set a Public Hearing regarding setting the 12 speed limit to 35 MPH on Cade Loop S. 13 1.23 Consider, discuss and take appropriate 112 action for the Court to approve a Concept 14 Plan for 2.0 acres on Nixon Lane, Deed No. 15-6676. 15 1.24 Public hearing for a revision of plat for 115 16 Kerrville South 2, Tract 119, Volume 4, Page 64. 17 1.25 Consider, discuss and take appropriate 115 18 action for the Court to approve a final plat for Center Point Christian Church 19 Addition in Center Point. 20 1.26 Consider, discuss and take appropriate 118 action regarding the 2021 Sheriff's and 21 Constable's fees, to be effective immediately. Note that each Constable and 22 the Sheriff have all reported that they are not recommending any changes to fees, 23 and if the Court doesn't take any action, then the fees adopted in 2020 will remain 24 in effect throughout 2021, but the County Clerk, on behalf of Kerr County, is still 25 responsible for reporting the information to the State Comptroller's Office. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.27 Consider, discuss and take appropriate 119 action to approve moving the generator 4 currently located at the Kerr County Sheriff's Office to the courthouse. 5 1.28 Consider, discuss and take appropriate 122 6 action to determine the date to discontinue recycling program. 7 1.29 Consider, discuss and take appropriate 126 8 action to set date for workshop to discuss subdivision rules and regulations. 9 2.1 Pay bills. 131 10 2.2 Budget Amendments. 132 11 2.5 Monthly reports. 132 12 2.6 Court Orders. 133 13 3.3 Status reports from Liaison Commissioners. 134 14 *** Adjournment. 139 15 *** Reporter's Certificate. 140 16 * * * * * * 17 18 19 20 21 22 23 24 25 6 1 JUDGE KELLY: (Gavel bang.) Good morning. 2 It is Monday, September the 14th, 2020, 9 o'clock in the 3 morning, and the Kerr County Commissioners' Court is now 4 in session. If you would, pease stand and join me with 5 the prayer and the pledge. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE KELLY: Be seated. I will remind 8 everybody that if you want to call -- I have my mask in 9 my hand and not on my face right now, which I think is 10 the first time since we started this. And that's 11 because we're going to hear a report today in just a 12 minimum from Dub Thomas and I think we're doing better. 13 We're talking about whether to go ahead and file the 14 exemption and not have to wear the mask. 15 But with that, I want to remind anyone that 16 would like to call in, the number is (830) 792-6161, and 17 the phone is here at the bench and we'll answer here. 18 The next part of the meeting is what we do 19 every time and that is invite public input. And the 20 public input that we see is for items that are not on 21 the agenda. If it is on the agenda, we ask that you 22 wait and address us at the time that that item is 23 called. So I ask at this time, is there anybody that 24 would like to address the Court? 25 Okay. With that, we'll go to Commissioners' 7 1 Comments. And we usually start with Precinct 1 but I'm 2 going to skip around today just to give it a little 3 variety. Let's go to Precinct 3. You never go first. 4 COMMISSIONER LETZ: I never go first. Good 5 rain. About three to four inches generally in the 6 Precinct. Burn ban has been lifted. Other than that, 7 everything is good. 8 JUDGE KELLY: Good. Good news. Two. 9 COMMISSIONER MOSER: Well, I see a couple 10 things regarding the quarry and quarry operations along 11 the river. Wheatcraft had a public -- there was a TCEQ 12 public meeting the other day with -- Wheatcraft had an 13 application, and it was approved for changing the 14 withdrawal spot along the river for their mining 15 operation. Changing from agriculture to mining. And 16 some people are upset because of the procedures TCEQ 17 had. But anyway, it -- it was approved, which made some 18 people unhappy. 19 The other thing is, there's the potential 20 new mining operation, gravel mining operation, just 21 across from the airport, a little bit closer to the 22 current -- the old Martin Marietta facility. But a 23 little bit west of the RV park. So anyway, it's not 24 there but Charlie Hastings has got a meeting with them 25 on permits, floodplain permits, later this week -- or 8 1 today as a matter of fact. 2 So anyway. Those are what's happening in 3 Precinct 2. 4 JUDGE KELLY: Good. Four. 5 COMMISSIONER HARRIS: Finally got enough 6 rain. Not enough, we could always use more. But enough 7 to lift the burn bans and what have you. One thing that 8 I've brought up a time or two before is to encourage 9 everybody to do their census. And there's -- a report 10 came out that, you know, do a census every ten years. 11 And for every one that we do, it means $13,500 over that 12 ten-year span back to the community. So that's 13 important to get done. 14 Another thing, we talked about the hazardous 15 waste collection next Saturday. And there will be some 16 press releases in the papers this week that will detail 17 exactly what can and cannot be dropped off and the 18 details on it. But anyway, it will be from 8:00 to noon 19 next Saturday morning at the Hill Country Youth Exhibit 20 Center. 21 COMMISSIONER MOSER: Oh. I thought it was 22 8:00 to 5:00. 8:00 to noon? 23 COMMISSIONER HARRIS: 8:00 to noon. 24 JUDGE KELLY: They clarified that last time. 25 COMMISSIONER HARRIS: Yeah. Several times. 9 1 That's why I brought it up again. So anyway. That's 2 it. 3 COMMISSIONER LETZ: Is there a -- the County 4 Attorney is probably going to hold it the other way. 5 (Laughter.) 6 JUDGE KELLY: Y'all can't see him; we can. 7 COMMISSIONER LETZ: If you're in line by a 8 certain point, I mean how are they going to shut it off 9 at 12:00? And the reason I'm bringing this up, I had -- 10 I recall there was a lot of people several weeks ago 11 being very upset in Boerne because they didn't care if 12 you were in line or not, at 12 o'clock they shut the 13 doors. And I -- and maybe this is -- I don't know 14 exactly with AACOG how it's run. But is there going -- 15 how is it going to be operating? 16 COMMISSIONER HARRIS: That's a good 17 question. This is my first go around with this. Is 18 Reagan standing out there? 19 MRS. GRINSTEAD: I've worked it every year 20 and we've never -- we have never needed to shut it down. 21 It's always been done before. We've never had a line. 22 COMMISSIONER MOSER: Well, that's a good 23 question, though. 24 COMMISSIONER HARRIS: Yeah. There will be 25 one entrance in the front. And probably the second 10 1 entrance from Kerrville to enter. And then they'll put 2 them in different lines and what have you. 3 COMMISSIONER LETZ: Okay. Thank you. 4 COMMISSIONER BELEW: My question is, why 5 does it have to stop at noon? Why is that? 6 JUDGE KELLY: Well -- 7 COMMISSIONER BELEW: Whoever decided that in 8 the first place? Is it because of -- 9 MRS. GRINSTEAD: We've really -- and I think 10 I've done the last four or five years. Again, we've 11 never had -- it is crazy busy at the beginning -- 12 COMMISSIONER HARRIS: And fizzles out? 13 MRS. GRINSTEAD: -- kind of lulls off, comes 14 back up, but we have never -- never had to say we're 15 done, it's over. I think if it went 8:00 to 5:00 there 16 would be a lot of down time. A lot of down time. 17 COMMISSIONER MOSER: People have been 18 storing for a long time over this one though. 19 COMMISSIONER BELEW: Sure. Yeah, that's 20 what I'm afraid of. That we -- we missed a year. 21 Precinct 1, we had a really good turnout at 22 the courthouse lawn here. I'm not sure exactly if I was 23 standing in Precinct 1 at any point, but I was here in 24 Precinct 1's partner and so that was the -- 25 JUDGE KELLY: The podium was in Precinct 1. 11 1 COMMISSIONER BELEW: The podium was in 2 Precinct 1 and I -- I, you know, walked around the 3 grounds and got into Precinct 2 a little bit at some 4 point and -- 5 COMMISSIONER LETZ: Three. 6 COMMISSIONER BELEW: Three, I mean. So see, 7 it's confusing. You go downstairs, you go upstairs, you 8 go across the hall. It was a good turnout. It was -- 9 COMMISSIONER MOSER: Tell them what it was. 10 COMMISSIONER BELEW: It was the Celebrate 11 America. We've seen a lot of stuff in the news lately. 12 We've seen riots, we see people burning flags, we see a 13 lot of bad stuff. In Kerr County we don't do that. We 14 celebrate our County. We back our law enforcement and 15 that was what it was about. To hear people singing God 16 Bless America and meaning it. It was really nice. And 17 most of the people that couldn't, that were on the road, 18 honking their horns, waving their flags, yelling and 19 thumbs up. So that was nice. 20 COMMISSIONER HARRIS: All positive. 21 COMMISSIONER BELEW: Yeah, it was all 22 positive. Well, there was one lady that got a little 23 offensive but I just read louder during the Declaration 24 of Independence. That's all. 25 COMMISSIONER HARRIS: There's always one. 12 1 COMMISSIONER BELEW: Yeah. And -- and 2 that's about it. It was a good event. And that's what 3 Kerr County is all about. 4 JUDGE KELLY: Good. Good. Let's go to the 5 Consideration Agenda. Item 1.1 -- we don't do these 6 regularly like we used to but we -- we do them 7 regularly, just not as frequently. And that's to 8 consider, discuss, and take appropriate action regarding 9 the update, facility use and other matters related to 10 COVID-19. Dub Thomas, our Emergency Management 11 Coordinator. 12 MR. THOMAS: Good morning, Judge. Good 13 morning, Commissioners. This is -- are the numbers that 14 we had for Kerr County as of Friday. DSHS, if you'll 15 remember, does not update anything over the weekend. So 16 the next update from DSHS and Peterson will be this 17 afternoon. 18 As of Friday, total tested by the PR, 19 Peterson Regional, was 5,451. Texas Military Forces 20 testing, the mobile testing that we did was 812. 21 Nursing homes, 675. Curative tests, 948. For a total 22 testing of 7,886, and as of Friday we had 458 total 23 COVID positive cases and zero individuals in the 24 hospital. 25 JUDGE KELLY: And that's -- but to get the 13 1 numbers, let's look at the numbers again, closely, 2 because I've been studying them week after week. We've 3 had almost 8,000 tested, just a hair over 450 positive 4 cases cumulatively. 5 MR. THOMAS: Correct. 6 JUDGE KELLY: We have zero in the hospital? 7 MR. THOMAS: Yes, sir. 8 JUDGE KELLY: We had zero new cases? 9 MR. THOMAS: Zero new cases. 10 JUDGE KELLY: And we have 8 active cases 11 that we're trying to wrap up. 12 MR. THOMAS: Yes, sir. So for the active 13 and recovered, total active cases as of Friday was 8. 14 Total recovered was 449. Our total number of fatalities 15 is 9. 16 COMMISSIONER MOSER: Dub, let me comment on 17 that. That's 9 total in the County? 18 MR. THOMAS: Correct. 19 COMMISSIONER MOSER: So that's equivalent to 20 18 per hundred thousand in the County, okay. And in the 21 country it's like 60 per hundred thousand. So that's 22 just another good indication for Kerr County. 23 JUDGE KELLY: Well, and I would also share 24 that we have to remember our demographics. We still are 25 a retirement community. And we have a large segment of 14 1 our population that are part of the vulnerable class for 2 COVID-19. And we've done remarkably well to have the 3 few fatalities as we've had from elderly with underlying 4 diseases. This has been remarkably well managed. And 5 congratulations to you, Dub. You've done a really great 6 job. 7 MR. THOMAS: Thank you, sir, I appreciate 8 it. And Judge, it's not just me but it's also -- 9 COMMISSIONER MOSER: Has any of those -- has 10 any of those passed away in Kerr County or have they 11 passed away outside of Kerr County? 12 MR. THOMAS: I have no earthly -- I can't -- 13 I can't find out that information anymore. All that -- 14 DSHS takes all of their fatality information and it goes 15 straight to DSHS headquarters. 16 COMMISSIONER MOSER: I gotcha. Okay. 17 MR. THOMAS: None of it's a Region 8. 18 They're all by death certificates now, so -- 19 COMMISSIONER MOSER: Okay. Thanks. 20 COMMISSIONER LETZ: Judge, I know that you 21 visit with Judge Schuchart frequently. Medina County's 22 fatalities has really skyrocketed. Is there -- do you 23 know the reason? 24 COMMISSIONER HARRIS: It could be from the 25 prison out there. 15 1 COMMISSIONER LETZ: I think their numbers 2 are kept -- they're taken out of that I thought. But 3 anyway -- 4 JUDGE KELLY: I think they are. They're 5 kept separately. 6 COMMISSIONER LETZ: Exactly. Anyway, I was 7 just curious as they were kind of slightly ahead of us 8 for a long time and all of a sudden they jumped pretty 9 far ahead on the number of fatalities and cases. 10 JUDGE KELLY: And it's diseases, especially 11 like diabetes, some of these underlying diseases that 12 really trigger them, that spike these fatality rates. 13 And the -- and the lack of social distancing. 14 COMMISSIONER LETZ: Right. 15 MR. THOMAS: And trying to go off of what 16 Commissioner Letz is talking about. Kendall County 17 Friday was at 240 total with 3 fatalities, Medina County 18 was 1,053 with 27, Gillespie was 216 with 2 fatalities, 19 Bandera 119 with 3, Kimble 13 and no fatalities, and 20 Real County 106 with 1 fatality. 21 I think at this point, Kerr County since -- 22 at a high point we probably had well over 150 positive 23 COVID cases at one time, and we've been in a downward 24 trend then since probably the middle of July -- I'm 25 sorry, probably closer to the end of July. As of August 16 1 the 14th, Kerr County dropped below the magic number of 2 20 and went to 19 active cases. September 2nd we were 3 at 10. September the 4th, six. And September the 8th 4 was five. 5 The threshold for the Governor for the 6 attestation for us to be exempted from the mass mandate 7 is 20 active cases. And since August the 14th has been 8 nearly -- it's been one month today. 9 JUDGE KELLY: Yes. 10 MR. THOMAS: I think we've had a sustained 11 reduction in cases. I think it's been reduced long 12 enough and we've sustained it long enough that I think 13 we should ask for that attestation. 14 COMMISSIONER HARRIS: I agree. And 15 especially with our schools opening back up and 16 everything else that I think cross our fingers that we 17 wouldn't have a spike and that hadn't come to pass, so 18 going along the right path. 19 COMMISSIONER MOSER: Some -- some of the 20 arguments that I hear is, yeah, that we've leveled out, 21 okay, keeping it low, but the -- it's getting ready to 22 get cooler, some of the doctors say chances of it 23 increasing in cooler weather is -- corresponds, those 24 two things are linked. And so if it's working, if we're 25 keeping it that level and wearing masks now, why -- why 17 1 stop it when the potential environment could get worse? 2 MR. THOMAS: Well, I just don't think the 3 mandate is necessary anymore. At this point I think it 4 needs to be either employee -- I'm sorry, employer or 5 business, it needs to be their -- their call. And as 6 far as the public, it needs to be their call as well. 7 If they -- if they're uncomfortable going into an 8 establishment and not wearing a mask, by all means put 9 it on. 10 COMMISSIONER HARRIS: That's what I've been 11 saying all along. Be responsible. Keep businesses to 12 accommodate people, whether they don't want to wear a 13 mask or if they do want to wear a mask, either way. 14 MR. THOMAS: But I do agree that at some 15 point there is -- there is a risk since there's colder 16 weather come on, the flu season's about to kick in. But 17 we have vaccinated 1,016 people over last Wednesday for 18 the flu clinic. 19 COMMISSIONER BELEW: By the way, did any of 20 them coming in -- I know they had to have their 21 temperature taken, did they -- any of them test positive 22 as they came in? 23 MR. THOMAS: Nobody was excluded. Nobody 24 was running a temperature. Everybody who came through 25 got to -- got to take a -- get their shot. 18 1 JUDGE KELLY: Well, just to supplement what 2 Dub's saying. I've had people contacting me for the 3 past month. I'd say probably about four. There's a 4 couple there are persistent. Not daily necessarily, but 5 persistent. 6 MR. THOMAS: I actually know one of them. 7 JUDGE KELLY: Pleasantly persistent. And 8 I've told them, you know, I wanted to see how we did 9 getting the kids back into school. We've seen that. 10 Done better than I thought we would. I'm pleased. And 11 we've just finished the Labor Day weekend. We seem to 12 have spikes around holidays. I've noticed that through 13 the summer. We had that back in June and we had that in 14 July. And we're not quite ten days past Labor Day, but 15 we're getting close. And so in terms of do we need -- 16 do we need to have a mandatory mask order in effect? 17 The Governor issued the order, we didn't. 18 COMMISSIONER BELEW: Right and he set the 19 guidelines, which we didn't. And that's the 20, the 20 manic number. 21 JUDGE KELLY: And so at -- at this point if 22 -- you know, one of them keeps telling me, you know, 23 you're running out of excuses. Well, maybe I am running 24 out of excuses. But -- but the people that I've been 25 listening to that are stakeholders with the emergency 19 1 management and, of course, if I keep in regular contact 2 with Dub, and our biggest concern was not so much -- we 3 know the flu season's coming and we don't know what 4 that's going to look like. We don't know if that's 5 going to be worse than COVID, quiet frankly. But if we 6 were to have a flair up, if we were to blow up again, 7 the concern was what would it take to be able to get the 8 mask order back in effect? And that was one of the 9 concerns we had. Rather be safe than sorry. And we -- 10 we've been patient. And so really what we're looking 11 for right now is input from the Court and from the 12 public, is it time for us to seriously consider filing 13 this application for an exemption? 14 COMMISSIONER BELEW: I think it's already 15 been over and we didn't know it. If 20 is the magic 16 number as Dub pointed out, we're already -- 17 JUDGE KELLY: That's the number. 18 COMMISSIONER BELEW: -- we've reached that. 19 Yeah. So it's -- people just didn't know it. 20 COMMISSIONER HARRIS: And it's not like we 21 just got 19 or 18, I mean -- 22 JUDGE KELLY: Yeah, we've been here a month. 23 COMMISSIONER HARRIS: Yes. So -- 24 MR. THOMAS: And I think the other thing -- 25 excuse -- pardon me for butting in, but I think the 20 1 other thing we need to take a look at is Peterson is 2 averaging probably 60 tests a day that they're running 3 and we're getting -- we're getting, like, two positives 4 a day. One. We've had a couple days where there's been 5 zero. I think the biggest day we had was five. 6 COMMISSIONER MOSER: Still about a six 7 percent -- about six percent of what's tested is 8 positive. 9 MR. THOMAS: Correct. 10 COMMISSIONER MOSER: Yeah. 11 MR. THOMAS: Or lower. 12 COMMISSIONER MOSER: Yeah. But I'm just 13 looking at the numbers. Ballpark it's -- 14 JUDGE KELLY: But they've all basically 15 recovered. 16 COMMISSIONER MOSER: Right. 17 JUDGE KELLY: With -- except for the elderly 18 with underlying diseases. 19 COMMISSIONER BELEW: So going back to what I 20 think Commissioner Harris had said, you know, businesses 21 are going to decide -- or follow what Dub said, 22 businesses will decide what their policy is. We need to 23 decide what this courthouse policies are. And I think 24 we should dispense with the masks. 25 JUDGE KELLY: Well, and I'll just make a 21 1 dissension there. The courthouse policy is not 2 necessary a countywide policy. I'm talking about 3 countywide exemption. 4 COMMISSIONER BELEW: That's why -- that's 5 why I said what I did about businesses. We start here. 6 We can do it countywide. But, you know, it's just time 7 to stop it -- stop it here and the rest of the County. 8 Wherever we have -- 9 COMMISSIONER LETZ: I think the Elected 10 Officials can require it in their offices if they 11 choose. 12 COMMISSIONER BELEW: They can, yeah. 13 COMMISSIONER MOSER: But he was -- he was 14 talking about courthouse. 15 COMMISSIONER LETZ: Well, I know. 16 COMMISSIONER BELEW: Courthouse wide. 17 COMMISSIONER LETZ: And I don't -- I don't 18 think we have the authority to tell the Elected 19 Officials how to run their offices. 20 COMMISSIONER BELEW: Right. You're right. 21 COMMISSIONER LETZ: I think we can do the 22 common area of the courthouse. 23 COMMISSIONER BELEW: Right. Right. 24 COMMISSIONER LETZ: That's just my thought 25 on it. 22 1 COMMISSIONER BELEW: So you -- how is this 2 going to affect the school is what I want to know. 3 COMMISSIONER HARRIS: They set their own 4 policy. 5 COMMISSIONER BELEW: The schools are the 6 main thing. So it it doesn't affect everything. 7 COMMISSIONER MOSER: I don't know if she's 8 filled out a thing to speak or not but she's standing at 9 the door. 10 JUDGE KELLY: No, she's not on the list. 11 (Off the record.) 12 SHERIFF HIERHOLZER: Judge, she wanted to do 13 1.1 but she thought it may have been 1.2. So she just 14 filled it out wrong. 15 JUDGE KELLY: Ms. Dewell, would you like to 16 address the Court? Now don't leave, Dub. 17 MR. THOMAS: Oh, I'm not. I'm just letting 18 her have the podium. 19 MS. DEWELL: Thank you. I looked at the 20 second page, it started at 9 a.m. and the first item was 21 1.2 and that's what I put down, but anyway it's here. 22 Your Honor, Commissioners, thank you for 23 giving me a moment. I have written you -- 24 COMMISSIONER MOSER: Give us your name. 25 Barb, give us your name. 23 1 MS. DEWELL: Okay. Sorry. Barbara Dewell, 2 2919 Dry Hollow Drive, Kerrville, Texas. Thank you for 3 giving me a moment. I'm just here to encourage you to 4 petition the Governor for the exemption for the masks. 5 I think our numbers look great. I think the County's 6 done a wonderful job on helping control things. 7 I do think it's time now to let our 8 businesses get back to business. Time to let Texas be 9 Texas and move forward. The -- in consideration of all 10 the numbers, which is worth doing, but also you have to 11 consider the economic impact that we're still currently 12 being affected by this mask mandate in a negative way in 13 a lot of businesses. 14 And also, I think you have to consider also 15 the -- the emotional impact of wearing masks. What that 16 does to people, elderly and children, when they see 17 everyone in the store wearing a mask, and it does have 18 an impact on people. And if you haven't felt it 19 yourself I'd be really surprised. You feel it. I think 20 it's important to move forward from that. And I do 21 think our -- our community is well enough educated now 22 that they can make those choices for themselves, that 23 those who are vulnerable can choose to stay home and let 24 their neighbors help them, which I know is happening all 25 across town. People are willing to go do things for you 24 1 if you cannot get out. And wear the mask if you need to 2 wear the mask, but for the rest of us it's time to move 3 on. And keep those businesses thriving that we all rely 4 on. 5 We can stay all with masks for a very long 6 time and when we come out of it we don't have a town 7 left and we don't have businesses left to serve our 8 needs. So thank you very much for considering this 9 today. And I do hope you'll move forward with the 10 petition to have the mandate removed. 11 COMMISSIONER MOSER: Thanks, Barb. 12 COMMISSIONER HARRIS: Well said. 13 JUDGE KELLY: Thank you. 14 COMMISSIONER BELEW: I -- I think we've 15 reached critical mass. I'm hearing from people that I'm 16 talking to, chitchatting with, and they've all been 17 bringing this up to me and I haven't -- even without me 18 thinking about it or us even getting into the topic, 19 it's time and I think most people are ready for it. And 20 exactly what Ms. Dewell just said, we know what the 21 score is. We know what to do. We know how to avoid one 22 another if you feel like that you're sick or vulnerable 23 or whatever. So -- 24 COMMISSIONER LETZ: Well, I think the -- 25 and I'm in favor of getting rid of it. I don't think 25 1 it's going to change anything with the public 2 particularly. I think that when I traveled a lot more 3 than I usually do in the past month and I can tell you 4 that there are a lot of places, I mean, people are 5 pretty comfortable wearing masks in most places. 6 I was, you know, in Atlanta over the 7 weekend, flew back, and they're in a situation, granted. 8 You know, but people there, people are socially 9 distancing naturally. So I think that there's not the 10 need to wear the mask a lot of times and people are 11 following, kind of, the -- the guidance that has been 12 given requiring that, from the Governor's standpoint. I 13 don't think it's needed any longer. 14 I think many businesses are going to 15 continue to do it from the liability standpoint is what 16 I -- you know, the view that I get. 17 COMMISSIONER BELEW: But a lot of businesses 18 are still closed. 19 COMMISSIONER LETZ: Right. 20 JUDGE KELLY: Not a lot. Bars. Gyms. 21 COMMISSIONER BELEW: Those are businesses. 22 JUDGE KELLY: I understand. Yeah. 23 COMMISSIONER LETZ: But also what's 24 interesting, I mentioned Atlanta, their gyms were 25 packed. Which I was like -- I don't know. Different 26 1 states have handled it very, very differently. Which is 2 fine. And I think they're leveling off there too. But 3 I think that, you know, if people are uncomfortable 4 going to a gym, don't go to the gym. And if the 5 employees there -- but I think it's up to the 6 individual. And I think that people are much more apt 7 to be social distance, you know, and things are working. 8 So I'm in favor of getting rid of the mandate. 9 COMMISSIONER MOSER: Well, sort of the 10 bottom line is, I think we all don't like government 11 control, and this is a government control, and is this 12 control necessary now? And so, that's where I come down 13 on it. 14 JUDGE KELLY: Well, I don't know what herd 15 immunity looks like. But I think we're getting closer. 16 And my observation is, for example, the Patriot 17 gathering this weekend. There was very little social 18 distancing and there was hardly any masks. I approved 19 all these COVID-19 safety plans for these gatherings. 20 Nobody follows them. Nothing is being enforced. I'm 21 just being realistic, I'm not being pessimistic about 22 things. I'm just saying this is the way it is. And so 23 I have to ask myself, what do we really need to be doing 24 at this point? 25 I am getting some pressure to file the 27 1 application for the exemption, and so I'm looking for 2 input from the community as to is it time to file for 3 that exemption? I'm not particularly -- I'm not 4 terrified. I'm -- there's obviously a healthy rate of 5 concern that I have that we're going to have a flair up 6 again. But I think that at this point if we have a 7 serious flair up, I think we can go back to these safety 8 measures. I think people have -- have adapted and are 9 willing to cooperate with what needs to be done if we 10 have another emergency. But I'm not sure that we need 11 to continue this. 12 COMMISSIONER MOSER: Barbara Dewell and 13 myself and another hundred people were at an event 14 yesterday. It was outside but, you know, I don't think 15 anybody had a mask on that I saw. 16 JUDGE KELLY: They didn't even ask for a 17 COVID approval or a plan. 18 COMMISSIONER MOSER: No. 19 JUDGE KELLY: So they don't -- they don't 20 even ask anymore. 21 MR. THOMAS: I was at the gun show Saturday 22 and Sunday and it was a significant number of people not 23 wearing masks and we were packed in there like sardines. 24 JUDGE KELLY: And they didn't even bother to 25 come ask for permission to do it. 28 1 COMMISSIONER MOSER: Okay. 2 JUDGE KELLY: Okay. Thanks, Dub. 3 MR. THOMAS: Yes, sir. Thank you all. 4 JUDGE KELLY: Let's move on to Item 1.2. 5 COMMISSIONER MOSER: So are we going to do 6 anything on -- 7 COMMISSIONER BELEW: Yeah. Do we need to 8 take action? 9 COMMISSIONER LETZ: I think it's the 10 Governor -- not the Governor, not quite yet. It's the 11 Judge's call. It's not ours. 12 COMMISSIONER MOSER: Is he looking for any 13 support? 14 COMMISSIONER BELEW: He's heard support. 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER HARRIS: You know where I 17 stand. 18 JUDGE KELLY: Somebody's got her mask off. 19 MRS. STEBBINS: Commissioner Letz is right. 20 It's the Judge's call. 21 COMMISSIONER MOSER: Judge's call. Okay. 22 COMMISSIONER BELEW: Well, we're below the 23 threshold. So it's kind of a de facto thing. 24 MRS. STEBBINS: It's not. The Judge has to 25 take affirmative -- he has to -- 29 1 COMMISSIONER BELEW: So anybody walking 2 around without a mask on after we're below that 20 mark, 3 you going to arrest them? What are you going to do? 4 MRS. STEBBINS: No. He's not going to 5 arrest them now. But the Governor's order says that 6 it's the County Judge's discretion once that number is 7 under 20 that it -- that he has to file that attestation 8 if that's what -- what he wants to do. And so it sounds 9 like he's listening to -- he's listening to y'all, he's 10 listening to the community, and maybe -- 11 COMMISSIONER MOSER: Let us know what you 12 do. 13 MR. THOMAS: There's only -- there's only 14 two requirements. One, that we be under 20 active 15 cases, and that the County Judge attest to that number. 16 COMMISSIONER BELEW: So two requirements. 17 MR. THOMAS: Yeah. That's it. 18 MRS. STEBBINS: And if it goes over the 20, 19 there are other requirements that -- you know, it goes 20 back in place and you can't request the exemption again 21 for another three weeks or 30 days, another particular 22 period of time. 23 JUDGE KELLY: None of which seem to be 24 applicable to us. So -- 25 COMMISSIONER HARRIS: So you know what 30 1 you're going to do? 2 JUDGE KELLY: Yeah, I do. 3 Item 1.2 consider, discuss and take 4 appropriate action regarding the Local State of Disaster 5 Due to a Public Health and Economic Emergency 6 Proclamation that I signed on March the 24th and 7 extended on March the 30th until terminated by order of 8 this Court. 9 I think this is pretty much the same 10 discussion we just had. Where are we with regard to 11 this disaster declaration? 12 COMMISSIONER LETZ: To me, it should be gone 13 everywhere. But we don't have the power other than -- 14 or you don't have the power other than just County, from 15 the standpoint we've kept it in place because of 16 financial assistance coming from the Federal Government. 17 So in favor for that reason. But to me we're past the 18 time in my mind where it should be lifted nationally and 19 it should be lifted statewide. 20 COMMISSIONER BELEW: So my question is, 21 we've already got grant money. Does the grant money go 22 away if this gets dispensed with or it's already been -- 23 MRS. SHELTON: That was what our attorney 24 told us that we need to keep the local in because of the 25 grant funding. 31 1 COMMISSIONER BELEW: But we've already got 2 enough grant money -- 3 MRS. SHELTON: But we still have 4 expenditures. 5 COMMISSIONER BELEW: -- to take care of the 6 Sheriff's Department's five dollars an hour and a lot of 7 other things. Did they draw that back or do we keep it? 8 MRS. SHELTON: If we stop the emergency 9 declaration -- I mean, if there's other -- 10 COMMISSIONER BELEW: Will you come up to the 11 mic so everybody can hear you? 12 MRS. SHELTON: Certainly. 13 COMMISSIONER BELEW: People watching at 14 home. 15 COMMISSIONER MOSER: Yeah, they can't hear 16 you. 17 MRS. SHELTON: So currently, the 18 Sheriff's -- the hazard pay that's being paid, if y'all 19 stop the emergency declaration that would probably stop 20 that hazardous pay. 21 COMMISSIONER MOSER: No, it would. Because 22 we put that in there. 23 MRS. SHELTON: Yeah. So there's -- there's 24 other expenditures that are happening right now that we 25 are counting toward that grant, so we do see us 32 1 exceeding the 20 percent that we received. So we 2 received about $291,000. 3 COMMISSIONER BELEW: Right. 4 MRS. SHELTON: And once we start adding 5 everything together, we will be over that amount. So 6 there are other funds that we will be receiving in. 7 JUDGE KELLY: Well, maybe what we can do is 8 look to the Auditor and County Attorney next week to 9 give us a more thorough -- 10 COMMISSIONER MOSER: There you go. 11 JUDGE KELLY: -- I hate to use the word 12 comprehensive, but just a report as to what terminating 13 this disaster declaration would mean to us. 14 COMMISSIONER MOSER: One thing that we 15 considered in the declaration, too, was as we were going 16 in the budget, we were not being restricted to the three 17 and a half percent due to the emergency declaration. We 18 don't need to have that. We're not concerned about that 19 in the budget. 20 JUDGE KELLY: That's correct. 21 COMMISSIONER MOSER: So that's off the table 22 so. But there's other things. I think it's a good -- 23 good idea. Let them take a look at it and come back 24 next week. 25 JUDGE KELLY: We don't need to ask 33 1 precipitously but at the same time, we really need to 2 act knowledgeably because I think -- 3 COMMISSIONER MOSER: Sure. 4 JUDGE KELLY: -- I think there's an overall 5 public sentiment at this point that we're beyond the 6 original crisis. And that we're in some state of 7 recovery. It seems to be that we're on the mend. 8 COMMISSIONER LETZ: I think the -- and this 9 is -- the local more than state and national. It 10 concerns me the precedent that's being set that a lot of 11 powers are different under an emergency and those powers 12 may or may not be abused. But they're certainly not 13 going through the legislative process and that's 14 something that needs to be done. 15 COMMISSIONER BELEW: And I expected them to 16 have done something by now. An emergency session or 17 something. They've just sat with their hands in their 18 laps. 19 But one of the concerns that was brought up 20 by you, Judge, was -- on the hazard pay was the concern 21 that the Federal Government would want this money back. 22 So that's all I'm concerned about. I -- I agree with 23 Commissioner Letz. I think we oughta be done with it 24 but we don't want to have to pay a bunch of money back. 25 JUDGE KELLY: Well, I'm not -- I'm not sure 34 1 that that federal money is tied to the disaster 2 declaration. And that's why I'm asking for 3 clarification if it is. If it is, we need to know. 4 COMMISSIONER BELEW: Right. 5 COMMISSIONER HARRIS: What's the local -- 6 COMMISSIONER BELEW: Well, that's where the 7 hazard pay came from. You talking about state funds or 8 federal funds? 9 JUDGE KELLY: Right. Well the -- my concern 10 on the hazard pay was -- an across the board allow 11 hazard pay. The same amount for everybody in the 12 department. Which is not what -- 13 COMMISSIONER BELEW: Which is all inclusive 14 language. 15 JUDGE KELLY: Right. That's why we're doing 16 the individual evaluations to at least be able to defend 17 what we've done. 18 COMMISSIONER BELEW: Okay. So this 19 shouldn't affect that much. 20 JUDGE KELLY: I don't think so. I don't 21 know. 22 COMMISSIONER MOSER: Well, let's find out. 23 JUDGE KELLY: Okay. Another good 24 discussion. Let's move on. It's -- we're well past 25 9:10. 35 1 Let's go to Item 1.3 consider, discuss and 2 take appropriate action regarding funding for the Kerr 3 County Historical Commissioner for FY 2020-2021. 4 Commissioner Moser. 5 COMMISSIONER MOSER: Thanks, Judge. I put 6 this on the agenda because it appears that something 7 fell through the crack on our budget, and we didn't 8 receive a written request from Kerr County Historical 9 Commission for their funding, which I think has been in 10 place since 1975. And it appeared to me that we need to 11 take a look at this. And I know that Julie Leonard's 12 here and some of the members of the Board of Historical 13 Commission. And I'm not stepping on Harley's toes, but 14 I don't mind doing that either. 15 COMMISSIONER BELEW: You'll get your turn. 16 COMMISSIONER MOSER: You'll get me back. 17 COMMISSIONER BELEW: Yeah, I'll get you 18 back. 19 COMMISSIONER MOSER: But I would -- I'd like 20 to hear the reason why we should put -- include in the 21 budget approximately $4,500 in next year's budget for 22 the Kerr County Historical Commission. And I'll let 23 Julie or -- or some of them speak to that if they would, 24 briefly. 25 MRS. LEONARD: Good morning. I want -- I 36 1 think I've sent you some e-mails, but the Kerr County 2 Historical Commission was founded in 1975, which is 45 3 years ago next month. The Judge at that time was Julius 4 Neunhoffer, he's the father of one of our present 5 members, Julius Neunhoffer. It's always been funded 6 since that time. 7 And we have 60 members that last year 8 contributed 4,000 volunteer hours to the preservation of 9 Kerr County history, and I respectfully ask on their 10 behalf, from the Board, myself, Charles McIlvain, Wilma 11 Teague, Leroy Schlechte, and we respectfully ask that 12 you please fund our Commission for next year at the last 13 year's rate of $4,500.00. Thank you. 14 COMMISSIONER BELEW: Well Julie, can you 15 tell us some of the stuff that the Historical Commission 16 does? 17 MRS. LEONARD: Do you have about an hour? 18 COMMISSIONER BELEW: Well, I know -- you've 19 come in and you show us when you get awards and stuff so 20 it's obviously a good one. 21 MRS. LEONARD: Okay. Yeah, I'm being flip 22 obviously. We have 80 historical markers in the County. 23 Two of them have just been approved. The Live Oak 24 Ranch, which was part of the original YO Ranch. And the 25 Garrett Insurance Agency, which is 101 years old this 37 1 year. We have other commissions that we're hoping to 2 get this next year. 3 We've got people doing -- we've got 120 oral 4 histories that are filed at the history center that 5 people can go read. We also have that -- we have 6 another committee that puts that on the Portals of Texas 7 History, so you can read about a lot of the important 8 people that have contributed to Kerr County history. 9 That's done by the University of North Texas, and 10 they're kind of behind because they don't have enough 11 people to transcribe. I think there are at least 90 on 12 the website. 13 We've got a committee that documents 14 cemeteries. They've spent thousands of hours 15 photographing graves and putting it on Find a Grave 16 website. They're finding unknown cemeteries, I think 17 close to where Jonathan -- off Lane Valley. We now have 18 just discovered that the -- there was a cemetery at the 19 State Hospital that was for African American people that 20 died at the sanitarium, and so we're going to hopefully 21 get an unknown -- it's called an untold marker 22 designation, that the State does pay for. So we've got 23 lots of stuff going on. And really, we just appreciate 24 being funded one more year. 25 COMMISSIONER MOSER: So Judge, I don't know 38 1 if we can take action here, but when we go through the 2 budget I think that's where we would add it in the 3 budget or -- or not. And so that's probably where the 4 formal action would be, at least from my opinion. Do 5 you agree? 6 MRS. LEONARD: Well, I'd like to add, too, 7 that I know that y'all -- that we were put under County 8 sponsored activities and we are a little bit more -- we 9 are part of Kerr County. And we're an arm of the County 10 Government. We -- we have a unique position in the 11 County. And so I don't think we fall under some of the 12 other definitions or categories that are funded by 13 grants or fundraising or whatever, we are not a 14 fundraising organization, so -- 15 COMMISSIONER HARRIS: Does any money come in 16 from private entities at all? 17 MRS. LEONARD: No. 18 COMMISSIONER HARRIS: Just -- just 19 volunteers basically? 20 MRS. LEONARD: Yeah. Yeah. 21 COMMISSIONER BELEW: So you don't do any 22 fundraising? 23 MRS. LEONARD: Pardon? 24 COMMISSIONER BELEW: When you had the camp, 25 that was a fundraiser? 39 1 MRS. LEONARD: No. 2 COMMISSIONER BELEW: Where does the money 3 go? 4 MRS. LEONARD: No. It's -- it paid for the 5 supplies. 6 COMMISSIONER BELEW: So they're was no -- 7 MRS. LEONARD: No, nobody was paid. 8 COMMISSIONER BELEW: Okay. Is it -- is it 9 non-profit or not for profit or what? 10 MRS. LEONARD: We're non-profit. 11 COMMISSIONER BELEW: When I was trying -- 12 the reason this all came up, Julie, is I'm trying to 13 find out from you -- 14 MRS. LEONARD: I know. I know. Yeah. 15 COMMISSIONER BELEW: -- what the charter 16 says or what -- 17 MRS. LEONARD: Right. 18 COMMISSIONER BELEW: -- whether you can 19 raise funds -- 20 MRS. LEONARD: No. 21 COMMISSIONER BELEW: -- other than the Court? 22 MRS. LEONARD: No. 23 COMMISSIONER BELEW: Whether you're bound -- 24 whether we're bound to -- I've not gotten an answer from 25 the Comptroller's Office, from our County Attorney, from 40 1 you -- 2 MRS. LEONARD: No. No. 3 COMMISSIONER BELEW: -- from anybody. 4 MRS. LEONARD: No. We're not mandated. 5 COMMISSIONER BELEW: Well, it came up 6 because we were -- 7 MRS. LEONARD: Why? 8 COMMISSIONER BELEW: -- we were trimming out 9 the fat in the budget and the question was asked, are we 10 mandated to support -- 11 MRS. LEONARD: Right. No. 12 COMMISSIONER BELEW: -- the Kerr County 13 Historical Commission. 14 MRS. LEONARD: Right. 15 COMMISSIONER BELEW: And nobody has an 16 answer. 17 MRS. STEBBINS: You're not bound to but 18 you're authorized to if you -- if the Court -- so if an 19 entity created by the Commissioners' Court, and this was 20 back in 1975, but -- and the same statute that 21 authorizes its creation, also authorizes the Court to 22 provide funds for the Historical Commission. So you're 23 authorized to. I don't think that the -- I know that 24 the rule doesn't say shall. But you're authorized to 25 provide funds to the Commission. 41 1 COMMISSIONER BELEW: Okay. 2 COMMISSIONER LETZ: But if they -- it 3 sounds like they're -- like Julie said, they're a part 4 of County government so they don't need to be a 501(c)3 5 because they are government. So they -- they could 6 receive donations, just like for Animal Control 7 facility, he can receive donations. 8 COMMISSIONER MOSER: Yeah. 9 COMMISSIONER LETZ: You can receive them, 10 but it would be -- I would -- 11 COMMISSIONER BELEW: It has to be approved 12 if -- if that's the case as part of the County 13 government. But the Texas Historical Commission that 14 oversees it all, this is the local branch, so you know 15 since -- like a lot of things in Kerr County, when you 16 look at the records if you go past about 1980 it gets 17 really hard, so -- 18 MRS. STEBBINS: And they're not -- they're 19 not part of the County government. It was created by 20 the Commissioners' Court. But they're not performing a 21 County function or a government function, much like 22 volunteer fire departments, for example, you know, who 23 -- who are performing government health and safety -- 24 COMMISSIONER BELEW: Emergency service. 25 MRS. STEBBINS: -- emergency service 42 1 function. So it's -- it is a little different. I mean, 2 they're not -- we don't have any authority over their 3 volunteers. So it is different. 4 COMMISSIONER MOSER: So the issue here is to 5 put it in the budget or not. 6 COMMISSIONER LETZ: Yeah. 7 COMMISSIONER MOSER: That's -- that's the 8 issue. 9 MRS. STEBBINS: Essentially. 10 COMMISSIONER MOSER: Okay. And we can 11 decide that when we vote on the budget. 12 COMMISSIONER LETZ: It would -- I would -- 13 since it was not in there, I'd recommend to the 14 Commission that we do it now so that we have a record 15 that the money is back in the budget. 16 COMMISSIONER MOSER: Okay. I'll make a 17 motion that we include in next year's budget, the funds 18 of -- 19 MR. ROBLES: 4450. 20 COMMISSIONER MOSER: -- forty -- $4,450.00 21 for the Kerr County Historical Commission. 22 COMMISSIONER BELEW: And I'll second that. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Moser, seconded by Commissioner Belew to 25 put $4,450.00 in the budget for the Kerr County 43 1 Historical Commission. Discussion? 2 COMMISSIONER HARRIS: One thing that jumped 3 out to me when I heard how much at first, when I 4 heard -- somebody said it was like forty-two hundred or 5 what have you, or even 45, that I thought good grief, 6 seems like they could get a lot more from public 7 donations than that. And that's what struck me as 8 funny. I just thought, man, they could get a lot more 9 if it was solicited. But anyway. 10 COMMISSIONER BELEW: And I think that we 11 need to look into whether or not people can make 12 contribution for the Historical Commission. 13 MRS. LEONARD: It would have to go into -- 14 there is a fund that is a -- that people can donate for 15 memorials. But also, another part of the Historical 16 Commission we have the Friends of the Historical 17 Commission, which is a 501(c)3. They have not been 18 really active. They're supporting, I think, hoping for 19 the museum to show up, because they -- the Historical 20 Commission tells the Friends how they can spend their -- 21 their money that they raise. So we have to approve 22 whatever, you know, project that they -- they have. So 23 that is another part of the Historical Commission. 24 COMMISSIONER BELEW: Well, it's -- it's 25 vital, I think, to preserve the history and to know 44 1 where we came from so we know where we're going and all 2 of those cliches, but it really is true. And you 3 can't -- right now we see people tearing down our 4 American history, and we want to preserve our history. 5 We certainly want to preserve Kerr County history and we 6 don't want to ignore it. We don't want to act like it 7 isn't important because it's really very important. 8 One of the first things I wanted to do as a 9 Commissioner was to be -- when they asked who I want to 10 be a liaison to, I said the Historical Commission. That 11 to me is easy, it was a no-brainer. But I just want 12 people to know what their money is going for, because 13 the taxpayers are paying for this, and what is really 14 required by law and whether, as Heather said, we -- the 15 Court established it in 1975. So maybe I should just go 16 back through all of 1975 and read all the minutes. 17 COMMISSIONER LETZ: Good luck. 18 COMMISSIONER BELEW: And I know it gets a 19 little fuzzy after about 1980 with -- whether you have 20 any information or not. But I would really appreciate 21 it if we could show everybody in Kerr County exactly 22 what -- it's the Historical Commission. We ought to 23 know our own history of how the Historical Commission 24 got established, what it's required to do, what it 25 cannot do. So it's part of the history of chain that it 45 1 was established. So, please, y'all look into that. 2 MRS. LEONARD: There was a very nice article 3 in the Community Journal this past week. Bonny Arnold 4 interviewed me and it's very specific on what -- what 5 our objectives are and what we do, and so hopefully 6 people will see that, too. But know we do our best to 7 get the newspapers to carry our information and, as a 8 matter of fact, we have a really good speaker that's 9 coming up in September. He's the new director of the 10 Texas -- 11 AUDIENCE: Program at Schreiner University. 12 MRS. LEONARD: At Schreiner University. 13 He's a known scholar for the Civil War. And that 14 meeting will be on the 21st at 12 noon at the Union 15 Church. And he will be a spectacular speaker and we're 16 very excited about having him, so -- 17 COMMISSIONER MOSER: Okay. You bet. 18 COMMISSIONER BELEW: But I would encourage 19 everybody to go to the meeting if you have any interest 20 in history at all. 21 MRS. LEONARD: Well, we can use you on your 22 radio station and you can give us a -- 23 COMMISSIONER BELEW: Anytime. 24 COMMISSIONER LETZ: On a footnote of 25 history, I made Sam go to the Kennesaw National 46 1 Battlefields when we were there. And something I did 2 not realize, the final surrender during the Confederate 3 War would be an eeous(phonetic) of the final -- 4 COMMISSIONER MOSER: A what? 5 COMMISSIONER LETZ: The final surrender of 6 troops. And it took about six months for all the 7 surrenderers to line up. The last one was in Galveston. 8 He was more interested that Rogers Hornsby, 9 who was known as a very good baseball player, that his 10 relative, great-grandfather was killed in the battle of 11 Kennesaw. 12 MS. LEONARD: Commissioner Letz, maybe you 13 need to speak for our commission. 14 COMMISSIONER LETZ: I don't know. It would 15 be a short speech, I'm afraid. But I do enjoy history. 16 MRS. LEONARD: So I really want to add that 17 we do have archives at the Schreiner University and we 18 welcome any collection. Our collections do not go to a 19 personal private citizen. They're available -- but 20 they're owned by the County, and the County has an 21 agreement with Schreiner University. So we welcome any 22 collections of whatever, and hopefully we get them and 23 y'all approve them to go to the new museum. And so I've 24 gotten contact recently on some collections. So I hope 25 you'll remind any of your people in your precinct that 47 1 we are part of the County and we do not use them for -- 2 we use it for the information for Kerr County. We don't 3 publish books or to make money. So anyway -- 4 COMMISSIONER BELEW: And how much is your 5 salary, Julie? 6 MRS. LEONARD: It's not enough. 7 COMMISSIONER BELEW: She does a lot for Kerr 8 County. 9 MRS. LEONARD: Thank y'all. 10 COMMISSIONER LETZ: Thank you, Julie. 11 COMMISSIONER MOSER: Thank you, Julie. 12 JUDGE KELLY: Mr. McIlvain. 13 MR. MCILVAIN: Good morning, Commissioners. 14 I'm Charlie McIlvain, my address is 128 Mesa Del Sol, 15 Kerrville. I want to speak on behalf of the Historical 16 Commission history. 17 Historical projects and programs are an 18 important component to the hospitality and tourism 19 industry. And in fact, as you probably read recently, 20 our sales tax are much better than anticipated right 21 now. Our tourism component is certainly a factor there. 22 Of course, in mid March the bottom kind of fell out and 23 by April we were only -- we were 80 percent down on our 24 hotel occupancy tax for the -- compared to last year 25 that is, but as of August its come back up, we're only 48 1 three percent down. Three percent down. And one of 2 the -- 3 COMMISSIONER BELEW: For the quarter? 4 MR. MCILVAIN: Pardon me? 5 COMMISSIONER BELEW: For the quarter? 6 MR. MCILVAIN: No. That was month -- that 7 was this year compared to last year for August. The 8 right product mix makes a major difference and we do 9 have that product mix. One, we're perceived as an 10 outdoor community with components and activities that 11 people can spread out. And the Historical activities, 12 the monuments and what have you, the historical markers 13 are an important factor there. We're anxious to see 14 what our -- our Winter Texan project looks like after 15 Thanksgiving, but we're hoping that that will also be 16 strong. 17 The component -- the difference that this 18 year over last year is that our components have changed 19 slightly. If you've visited or driven by any of the RV 20 parks or the long term -- or I'm sorry, the short term 21 rental facilities, those are packed and doing extremely 22 well. Our hotels haven't totally bounced back but even 23 this weekend we had a big group in town. So we're 24 seeing activities come back in to Kerrville. But the 25 historical aspect is extremely important to the tourism 49 1 hospitality industry. For that reason I respectfully 2 urge the Commissioners' Court to support the Historical 3 Commission's funding request. Thank you. 4 JUDGE KELLY: Dr. Rector. 5 DR. RECTOR: Honorable Commissioners. 6 William Rector, 705 Water Street. I'll make this very 7 brief. I wholeheartedly support this request and hope 8 that you restore funding. I would like to mention that 9 these are total voluntary work for the County. Julie 10 receives no funding, no salary. This funding is totally 11 to be utilized for the activities to provide historical 12 service to the County. This is a total volunteer on, 13 represent the County and they represent the County well, 14 and all they're asking for is operational funds. 15 I reviewed some of my pictures last night 16 and came across one from 2010, in which Julie was at the 17 podium speaking. She's been at this a long time. She 18 is good. She has put in numerous hours. And the other 19 volunteers have also donated 4,000 hours per year to the 20 County. So I request that you possibly consider this. 21 Thank you very much. 22 COMMISSIONER MOSER: Thanks, Bill. 23 COMMISSIONER BELEW: Well, there's one -- 24 one more question I have. Is all or -- and maybe you 25 know, Bill, maybe Julie knows. Are all the funds being 50 1 used? 2 DR. RECTOR: No, they are -- have not. 3 Historically, if you look back over the years, when I 4 was chairman, when others were chairman, it was unusual 5 to spend all of the funds. What was not spent goes back 6 to the County into the general fund to be used for the 7 County for other purposes. But there are years when all 8 those funds are spent. And the more activities that 9 we're able to do, the more money is needed. 10 Last year, a lot of this money went back to 11 the County. Because of COVID, we couldn't hold our 12 historical camps, the other activities that we had were 13 cancelled. So a lot of money went back to you from 2019 14 or 2020 because it was not utilized. And we do not 15 accumulate funds. If we do not need them for our 16 programs, they go back to the County. Does that answer 17 your question? 18 COMMISSIONER BELEW: Yes. And I wanted 19 everybody to know that. 20 JUDGE KELLY: Since I'm the one that really 21 initiated this conversation, let me just conclude. 22 These are budget concerns. We're averaging in excess of 23 two million dollars of deficit budget every year. I 24 made a proposed budget this year to try to balance that. 25 We got -- I got -- my proposal was close and we're 51 1 getting ready to wrap up the budget here in just a few 2 minutes for the year and adopt it and we're almost a 3 million dollars deficit again. 4 The question that I ask as a true 5 conservative, as a true Republican that I'm proud to say 6 that I am, I believe that less government is better 7 government. And I believe that we should do what is 8 required of us as a government. And to that end, I 9 asked the question: As we looked at the non-profits 10 that we -- that we regularly contribute to, it's not 11 that they don't do good works. I applaud everything the 12 commission does. I am a huge supporter of the 13 Historical Commission. The question is, should it be 14 funded by the taxpayers. And I've asked that question. 15 When it came to non-profits, we do have the 16 Volunteer Fire Departments in our budget, after some 17 sharp debate, political debate like we're having right 18 now. We do have the Veteran Services in our budget 19 after some debate and we appreciate the economic impact 20 that they provide to the County. 21 But at the same time, these are important 22 questions to ask. And I'm not embarrassed for having 23 asked the questions. I applaud what you do. I applaud 24 what all these non-profits do. Every single one of 25 them. And the only one that we've included in the 52 1 budget right now other that the Historical Commission, 2 if that's what the decision of this Court is today, is 3 the Dietert Center. And that's because they have to 4 have a matching grant in order to be able to got the 5 Federal monies to fund the Meals on Wheels. And that's 6 $4,500 that we do eagerly and enthusiastically. We 7 support what all of you do and we support the 8 Commission. The real question in my mind is should the 9 County continue to provide budgetary support for 10 non-profits. 11 COMMISSIONER BELEW: Well, this one is a 12 little different being that the Court established it. 13 JUDGE KELLY: I -- I'm not debating that. 14 COMMISSIONER BELEW: So in other words, 15 instead of saying do we support the non-profit, do we 16 abandon something we established. 17 JUDGE KELLY: Or do we -- 18 COMMISSIONER BELEW: Or -- 19 JUDGE KELLY: -- don't look at the glass as 20 being half full instead of half empty. And do we 21 encourage the Historical Commission, like we encourage 22 Animal Control and Kerrville Pets Alive and the Veterans 23 and the Volunteer Fire Departments to help them raise 24 these monies through -- through the private sector and 25 not the public sector. 53 1 COMMISSIONER BELEW: I agree. 2 JUDGE KELLY: And what I am is 150 percent 3 behind the -- all these non-profits, including the 4 Historical Commission, and -- but I'm not in favor of 5 the County providing the funds to underwrite these other 6 non-profit organizations. 7 COMMISSIONER HARRIS: That's where I'm at on 8 this issue. I -- I'm going to vote for it. But a year 9 from now I'd like -- moving forward, I'd like to see 10 them start soliciting from the public. 11 COMMISSIONER BELEW: Be self-sufficient. 12 COMMISSIONER HARRIS: Be self-sufficient. 13 I'm not going to kick the legs out from under them at 14 this point, but moving forward we've got a year to try 15 to maybe have a fundraiser or do something to solicit 16 some private money. 17 JUDGE KELLY: And I think another thing 18 that -- I don't know if the public really appreciates 19 the way County budgets work. But we budget the money at 20 the beginning of the year, and we're getting ready to 21 adopt that budget here in just a few minutes, and then 22 we may or may not spend that money as the year goes on. 23 There's a bunch of money that we did not spend this year 24 because of COVID. And so we have some substantial funds 25 that are coming back to the County that were not spent. 54 1 So we have to budget in anticipation of expenses that 2 may or may not actually be incurred. And so this is an 3 example. 4 I am completely in favor of the Historical 5 Commission. Anything I can do to support. You have my 6 unqualified support. But when they're not using the 7 funds, these become some of the funds that come back to 8 us at the end of the fiscal year that were not used. 9 And so we are allocating tax dollars to fund things that 10 are not mandated by the government. They're not 11 governmental functions. And so that's -- I'm just 12 trying to get people to look at the budget process and 13 how we do this. This has no reflection whatsoever on 14 the merits or the good works that are done by the 15 Historical Commission. 16 COMMISSIONER LETZ: I think, Judge, it 17 sounds like two things between now and next year is, 18 one, ask the Historical Commission to come up with a 19 budget, and I figure y'all probably have one, but 20 present a budget of how much you actually need, and two, 21 try more of looking at the statute and really see what 22 the relationship financially is between the Historical 23 Commission and the County, and the Friends of the 24 Historical Commission, which is a non-profit. So kind 25 of what that relationship is between all of that. 55 1 JUDGE KELLY: Okay. Then with that, any 2 further discussion or debate? Any other input? 3 COMMISSIONER BELEW: Well, I would say that 4 this is -- and Commissioner Harris brought it up. It's 5 like -- and you did, too, Judge -- it's like what we did 6 with the volunteer fire fighters, it was a wake up call 7 that we're not just going to rubber stamp everything, 8 we've gotta run a serious budget. But also, you don't 9 want to jerk the rug out from under somebody when 10 they're not expecting it and just say that's it. You 11 know, so this does give, you know, 12 months to deal 12 with it and try to figure out if we can come up with a 13 better plan, and not spend tax. 14 But everybody watching at home, the history 15 of this County is vitally important. And I will refer 16 again to the people that have turned down statutes, 17 burning flags, and trying to change our history. We 18 need to preserve our history. So that's why I'm going 19 to vote for it. 20 COMMISSIONER MOSER: Okay. 21 JUDGE KELLY: Okay. Then all those in favor 22 raise your hand. And I voted with you. Because it's 23 important that we have a unanimous court. We are in 24 agreement. And I think -- I want you all to hear that 25 we are in agreement on this. And what we really want to 56 1 do is help you support private funding of policy. 2 That's our goal. Okay. So with that five zero vote, we 3 move on to the next item on the agenda which is item 4 1.4. 5 MRS. DOWDY: Judge, I'm sorry to interrupt 6 but 1.7 is a timed item. 7 JUDGE KELLY: I know. But it starts the 8 whole period of budget items that we'll do afterwards. 9 MRS. DOWDY: I understand. 10 JUDGE KELLY: Let's move on to 1.4 consider, 11 discuss and take appropriate action regarding the 12 National and Global Day of Prayer and Repentance event 13 scheduled for September 26, 2020, from 10 a.m. to 2:00 14 p.m. on the courthouse grounds. Commissioner Belew. 15 COMMISSIONER BELEW: I had anticipated 16 somebody being here to explain this. Is there anybody 17 in the hall that wants to speak on this issue? 18 SHERIFF HIERHOLZER: On what issue? 19 COMMISSIONER BELEW: 1.4, the National -- 20 SHERIFF HIERHOLZER: Anybody wanted to speak 21 on it? Nope. 22 COMMISSIONER BELEW: Well then, I'm going to 23 pass on it because I'm not going to go through that and 24 explain it when it's their event. 25 JUDGE KELLY: Okay. So Item 1.5 consider, 57 1 discuss and take appropriate action to approve Kerr 2 County Investment Policy. Tracy Soldan. 3 SHERIFF HIERHOLZER: She's not out here 4 either. 5 JUDGE KELLY: Okay. We'll pass on that 6 right now. Item 1.6 consider, discuss and take 7 appropriate action to ratify and confirm proposal with 8 Republic Services for two 8-yard containers for the 9 Project Barn at the Hill Country Youth Event Center. 10 Shane Evans. 11 MR. EVANS: Good morning, gentlemen. The 12 4-H project building, they're needing two 8-yard 13 containers, going to put their shavings and manure in to 14 be hauled off. Have the contract signed and ready. 15 Instead of putting it in the -- that pit, and then later 16 spread, it also keeps down all the flies. It's a 17 tremendous problem. So it'll be hauled off once a week. 18 And hope to cut down on that. 19 JUDGE KELLY: Shane, what is Project Barn? 20 MR. EVANS: The Project Barn? 21 COMMISSIONER MOSER: No, it says Project 22 Barn. What is the Project Barn? 23 MR. EVANS: Oh, it's -- it's the 4-H 24 building. 25 COMMISSIONER HARRIS: It's where the 58 1 livestock is. 2 COMMISSIONER MOSER: So it's called Project 3 Barn? 4 COMMISSIONER HARRIS: At the back. Right 5 there at the back. 6 COMMISSIONER MOSER: I know what it is, I 7 didn't realize it was called Project Barn. 8 COMMISSIONER HARRIS: Well, project center 9 is what it's usually called, most of them. 10 COMMISSIONER MOSER: Oh, okay. All right. 11 Okay. Thanks. 12 COMMISSIONER HARRIS: I move for approval. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: Motion's been made by 15 Commissioner Harris, seconded by Commissioner Letz to 16 approve the contract with Republic Services for the two 17 8-yard containers for the Project Barn at the Hill 18 Country Youth Event Center. 19 SHERIFF HIERHOLZER: Tracy is out here now, 20 Judge. 21 JUDGE KELLY: Let's take a vote on this 22 first. Don't go away. 23 COMMISSIONER LETZ: A quick comment on this. 24 And Commissioner Harris and I have talked about this 25 for, I don't know, a couple weeks anyway. We've looked 59 1 at a lot of options. Talked to other counties. This 2 stuff could be composted. The problem is we don't have 3 a place to do it. One of the thoughts we had some 4 counties do is they compost it and then give it to -- 5 give it away, like they do with brush chips or chipped 6 up brush. We talked to New Earth that sells this stuff, 7 if they'd be willing to take it free, back haul it, they 8 said no. So we looked at a number of different options 9 rather than having to spend money to haul it off. But 10 this is the best option that we have. 11 COMMISSIONER BELEW: There's not a corner 12 out there or someplace that we could compost it? Put it 13 in the far eastern -- 14 COMMISSIONER LETZ: Well, the problem is the 15 proximity to the river. 16 COMMISSIONER MOSER: Yeah. 17 COMMISSIONER BELEW: Oh. 18 COMMISSIONER MOSER: Over the Road & Bridge 19 area there's not? 20 COMMISSIONER LETZ: Well, if we had 21 additional property over there maybe. 22 COMMISSIONER HARRIS: Then you're hauling it 23 and everything else. 24 COMMISSIONER LETZ: But it's -- and then you 25 start hauling it and it starts costing more than hauling 60 1 it off. So you get into a lot of issues. We looked at 2 some better options but in our mind and from a -- 3 COMMISSIONER HARRIS: We looked at a lot. 4 COMMISSIONER LETZ: We looked at a lot but 5 this is the best option to solve the immediate problem. 6 COMMISSIONER MOSER: Okay. 7 COMMISSIONER BELEW: They've been up to 8 their ears in fertilizer and didn't know what to do. 9 JUDGE KELLY: Okay. Those in favor raise 10 your hand. Unanimous, five zero. 11 Ms. Soldan, try to get you in and get ready 12 to take a break. Let me call yours again, which is 1.5 13 consider, discuss and take appropriate action to approve 14 the Kerr County Investment Policy. 15 MRS. SOLDAN: Yes, sir. The investment 16 policy, there are no changes to it. It's just an annual 17 update that needs to be approved in Court. 18 COMMISSIONER MOSER: Move for approval. 19 COMMISSIONER BELEW: Second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Moser, seconded by Commissioner Belew to 22 approve the Investment Policy for Kerr County. Those in 23 favor raise your hand. Unanimous. 24 MRS. SOLDAN: Thank you. 25 JUDGE KELLY: Thank you. Okay. 61 1 COMMISSIONER BELEW: I wish I could make a 2 sale that easy. 3 JUDGE KELLY: We've got a series of timed 4 events that are going to go on for quite some time. 5 Just a couple minutes after ten. Let's come back at 6 about 10:15 and we'll start taking timed items. The 7 Court will be in recess. 8 (Recess.) 9 JUDGE KELLY: Okay. Let's come back to 10 order. We've got a series of timed events relating to 11 budgets and tax rates going on for quite some time. But 12 let's start at 1.7 consider, discuss and take 13 appropriate action regarding any changes to the proposed 14 Kerr County Budget for FY 20-21. 15 MR. ROBLES: Good morning. Each of you 16 should have a page in front of you that looks like this 17 that highlights the changes in our proposed budget. The 18 first one we have is in the unclaimed capital credits 19 fund. We received our payments for unclaimed capital 20 credits in the current year and it's essentially what we 21 anticipated. In order to make our payments to the 22 Economic Development Corporation for next year, we'll 23 have to supplement that fund out of Fund 10, the general 24 fund, for about $9,500 would be the gap. 25 The second change is going to be in the 62 1 District Clerk tech fund. This is a special revenue 2 fund that does not receive any ad valorem tax money. 3 She is requesting a budget of 35,000 to pay for some 4 jury software. 5 The third change we have is what we 6 discussed in Court just a moment ago, the Historical 7 Commission. Be funding that for 4450, which is the 8 amount that we have in the current budget. 9 The fourth change we have is related to the 10 Public Defender's Office. The 237 and eight ten is the 11 Kerr County's portion. We reduced four courts, County 12 Court at Law, 216th District Court, 198th District 13 Court, and Juvenile Probation. The ad litem attorney 14 will fund that Kerr County portion. 15 We also have changes to the Fund 16. Our 16 capital projects. The 2020 real property purchase in 17 the amount of $2.5 million, which is our tax note. Also 18 the airport project, $510,535. This is the expected 19 remainder of the unspent portion of projects that were 20 funded in the current year. 21 And last would be Public Defender's Office. 22 Various public defender accounts, 3.129 million. This 23 is to set up the budget for the five member Public 24 Defender's Office. Are there any changes? 25 COMMISSIONER MOSER: Talk a little bit more 63 1 about the Public Defender's Office. You said it's to 2 set up the fund? 3 MR. ROBLES: Yes. When we received the 4 grants it gave us a budget. How much the State would 5 give us. How much each County was going to participate. 6 This is setting up the entire expenditure budget. 7 COMMISSIONER MOSER: Okay. So we have 8 revenue coming in from those other sources? 9 MR. ROBLES: Correct. 10 COMMISSIONER MOSER: Okay. Gotcha. 11 JUDGE KELLY: Well, and to give a better 12 overview so the public understands what we're really 13 doing, we had in the budget last year I know was about 14 $750,000 is what we paid in attorney indigent defense 15 costs and we expect to have substantial savings because 16 of the regional Public Defender's Office. The number 17 that you see back up there, the 237810, that is our 18 projected pro rata allocation for the five county 19 office, correct? 20 MR. ROBLES: Yes, sir. 21 JUDGE KELLY: And then, when you look down 22 here at the total budget, that is the budget that TIDC 23 put together in their initial report to us that we 24 relied on to file our application for the grant. And 25 then we were awarded $2,503,260 grant against that. And 64 1 so the 237810 is our portion and then we've got the 2 other four counties that will be making their 3 contributions. But all total, this is resulting in a 4 significant savings to the County. 5 COMMISSIONER MOSER: So this is -- the three 6 million, that's really just a placeholder for the -- 7 because we're going to get money from the grant, we're 8 going to get money from other counties. 9 JUDGE KELLY: Yes. 10 COMMISSIONER MOSER: So we -- we show this, 11 you know, a layman would look at that and say, my God, 12 that's an expense, a projected expense, you know, 13 showing projected revenue or funds coming in from other 14 sources. 15 JUDGE KELLY: That's why we're explaining it 16 so they understand. 17 COMMISSIONER MOSER: Right. 18 JUDGE KELLY: This is a good thing about it. 19 MRS. SHELTON: And if I may -- 20 COMMISSIONER MOSER: Why wouldn't we show 21 funds that we expect to come in from the other sources, 22 from the grant and other counties? 23 COMMISSIONER BELEW: A break up? 24 COMMISSIONER MOSER: Yeah. 25 MRS. SHELTON: We have it in our general -- 65 1 COMMISSIONER MOSER: Go up to the podium. 2 The people in the public can't hear you. 3 MRS. SHELTON: So, if you go to our big 4 sheet for the budget, at the very last you'll see 5 Fund 60 there. And you'll see the estimated non-tax 6 revenue is that same 3.1 million. So that's made up of 7 both the grant and -- 8 COMMISSIONER MOSER: So if you just -- if 9 you just say that in this summary, okay, that would be 10 helpful. 11 MR. ROBLES: Yes, I was going to get to that 12 when we get to the next item. 13 COMMISSIONER MOSER: Okay. All right. All 14 right. We got it. Thanks, James. 15 COMMISSIONER LETZ: On the PDO, this number 16 will they get broken down or still yet to prepare an 17 itemized budget like we have for all the rest of the 18 County departments, with the specific salary line items 19 and -- 20 MR. ROBLES: We do have that. Yes. We do 21 have that. 22 COMMISSIONER LETZ: That's already been 23 prepared and -- 24 MR. ROBLES: Yes, sir. 25 COMMISSIONER BELEW: That would be helpful. 66 1 MR. ROBLES: Yes. We can do that for you. 2 JUDGE KELLY: We adopted what they 3 recommended. 4 COMMISSIONER MOSER: Yeah. Okay. 5 JUDGE KELLY: Okay. Any action to be taken 6 on this? 7 MR. ROBLES: No, sir. 8 JUDGE KELLY: Okay. Just information? 9 MR. ROBLES: Yes, sir. 10 JUDGE KELLY: Good. 11 COMMISSIONER LETZ: Informational. But this 12 is where we lose things. I would recommend that we 13 make -- that the Court order making these amendments 14 before we approve that it's in the budget. 15 COMMISSIONER MOSER: Yeah, because -- yeah. 16 Just like we did for -- 17 COMMISSIONER BELEW: Or is this it? 18 MR. ROBLES: This is it. 19 COMMISSIONER BELEW: This is it. Okay. 20 COMMISSIONER LETZ: I'll make a motion that 21 we approve the items as presented as budget amendments 22 or budget amendments to the -- 23 COMMISSIONER MOSER: Changes to the proposed 24 budget. 25 COMMISSIONER LETZ: -- changes to the 67 1 proposed budget. 2 COMMISSIONER MOSER: Yeah. 3 JUDGE KELLY: Well, it's really to approve 4 the changes for the proposed budget -- 5 COMMISSIONER LETZ: To the final budget. 6 JUDGE KELLY: -- or the adopted budget for 7 FY 20-21. Just like -- 8 COMMISSIONER LETZ: Yes. Right. 9 JUDGE KELLY: Okay. Motion's been made by 10 Commissioner Letz, seconded by Commissioner Moser to 11 approve the changes for the proposed budget to the 12 adopted budget for FY 20-21. Is there any other 13 discussion? Those in favor raise your hand. Unanimous, 14 five zero. 15 Item 1.8. This is a public hearing. I'm 16 going to convent a public hearing at this time on the 17 proposed Kerr County Budget for FY 20-21. Is there 18 anyone who would like to address the Court with regard 19 to this public meeting? Okay. 20 There being no one, we will adjourn and move 21 on to Item 1.9, which is to consider, discuss and take 22 appropriate action to adopt the Elected Officials 23 salaries. Mr. Robles. 24 MR. ROBLES: Yes. In your packet you will 25 also have this page. This was published in the 68 1 Kerrville Daily Times, as required. This -- the details 2 of salary changes of our Elected Officials, as well as a 3 supplement to proposed travel. The Court will have to 4 pass this. 5 COMMISSIONER LETZ: The only changes are -- 6 MR. ROBLES: The longevity. 7 COMMISSIONER LETZ: -- due to longevity, 8 correct? 9 MR. ROBLES: That's correct. 10 COMMISSIONER LETZ: I'll make a motion that 11 we approve the salary for Elected Officials. 12 COMMISSIONER MOSER: Say that again, though. 13 The changes are because of longevity? 14 COMMISSIONER LETZ: We adopted the policy 15 several years ago. 16 COMMISSIONER MOSER: Okay. I think it's 17 important that that be made very clear. 18 COMMISSIONER LETZ: Make a motion that we 19 approve the proposed salaries for Elected Officials and 20 precinct individuals. 21 COMMISSIONER BELEW: Second. 22 COMMISSIONER HARRIS: Second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Letz, seconded by Commissioner Harris to 25 approve to adopt the elected salaries -- officials 69 1 salaries schedule as presented. Any other discussion? 2 Those in favor raise their hand. Unanimous, five zero. 3 Item 1.10. This is another public 4 meeting -- hearing on the proposed Kerr County and 5 Lateral Roads 2020 tax rate. Mr. Reeves. 6 MR. REEVES: Public hearing, Your Honor. 7 JUDGE KELLY: This is a public hearing. 8 Anyone like to address the Court on that issue? Okay. 9 There not being anyone, we will adjourn and 10 call Item 1.11, which is a public meeting on the 11 proposed Lake Ingram Estates Road District tax rate. I 12 will convene that meeting. Come to order. Anyone want 13 to address the Court on the Lake Ingram Estates Road 14 District tax rate? Okay. 15 Then we'll adjourn and move on now to Item 16 1.12 consider, discuss and take appropriate action to 17 adopt FY 20-21 Kerr County Budget and take a record 18 vote. 19 MR. ROBLES: Each of you should have this 20 page in front of you as well. From the changes in the 21 proposed budget that were discussed in Item 1.7, they're 22 all reflected on this page. As you can see, the general 23 fund with all expenses will have a remaining fund 24 balance of 33.66 percent. The grand total for all 25 budgeted funds gives a fund balance of 25.81 percent. 70 1 And you'll notice this page, on the bottom 2 section here, has two additional funds that were not 3 included in the proposed budget. One is Fund 16, our 4 capital projects. Since we had changes for the tax note 5 of 2.5 million and also the remainder of the airport 6 projects, we added that fund to this page. As well as 7 Fund 60, the Public Defender's Office. And this was 8 addressing your comment, Commissioner Moser. This is 9 where we show the revenue of 3.129 million as well as 10 the expenses for the Public Defender's Office. 11 COMMISSIONER MOSER: And James, is this on 12 the website? 13 MR. ROBLES: It will be after you vote. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER BELEW: Has to be approved 16 first, right? 17 MR. ROBLES: It has to be approved. Yes. 18 JUDGE KELLY: And what we're looking at 19 is -- is entitled the Kerr County 2020-2021 budget 20 summary as of 9-14-2020. 21 MR. ROBLES: That's correct. 22 JUDGE KELLY: Just to clarify for the 23 record. 24 COMMISSIONER MOSER: Move for approval for 25 the budget. 71 1 COMMISSIONER BELEW: Second. 2 JUDGE KELLY: Motion's been made by 3 Commissioner Moser, seconded by Commissioner Belew to 4 approve the fiscal year 2020-2021 Kerr County budget as 5 reflected in the budget summary dated September 14, 6 2020. Any other discussion? 7 COMMISSIONER LETZ: Hold on. It's reflected 8 here. But it will be -- the proposed budget is a 9 proposed budget, regardless of what's reflected here 10 because there may be some last minute changes, correct? 11 I mean, when the final bills come out and our final 12 bills are paid, is this going to be exactly like this? 13 MRS. SHELTON: This usually stays the same 14 because we're -- it's based on the estimated reserve 15 balance is the only thing that would be changing. Is 16 that what your comment -- 17 COMMISSIONER BELEW: It would have to be a 18 major change. 19 COMMISSIONER LETZ: Well, I'm talking about 20 the -- we're talking about a proposed budget and this is 21 estimated as of the 15th of the month. The motion is to 22 approve the budget. 23 COMMISSIONER MOSER: Is to adopt. 24 COMMISSIONER LETZ: To adopt the budget for 25 20 -- which, I don't know if this sheet is that -- this 72 1 is not the budget. This is an estimated with some of 2 the dates, isn't it? 3 COMMISSIONER MOSER: Well, all budgets are 4 estimated. 5 MR. ROBLES: Yes. You're correct. The 6 estimated reserve balance is an estimation. So we 7 wouldn't necessarily be approving this page. But this 8 page does summarize on the expenditure side the proposed 9 budget. 10 COMMISSIONER LETZ: So we're approving the 11 budget. 12 COMMISSIONER MOSER: Right. Yeah. That's 13 the reason I asked, is it on the website and he said it 14 will be after -- after it becomes adopted. 15 MR. ROBLES: The proposed budget is on the 16 website. But there will be an updated version when it 17 gets adopted. 18 COMMISSIONER MOSER: Right. 19 COMMISSIONER LETZ: Right. 20 JUDGE KELLY: But this is a record vote to 21 adopt the proposed budget. 22 MR. ROBLES: That's correct. 23 JUDGE KELLY: Any other discussion? 24 COMMISSIONER BELEW: Well, just that this is 25 a decrease, but it raises more revenue. So I -- so that 73 1 people understand that. There is more revenue with this 2 rather than decreasing the rate. 3 JUDGE KELLY: Okay. We'll take a vote. 4 Precinct 1. 5 COMMISSIONER BELEW: Yes. 6 JUDGE KELLY: Precinct 2. 7 COMMISSIONER MOSER: Yes. 8 JUDGE KELLY: Precinct 3. 9 COMMISSIONER LETZ: Yes. 10 JUDGE KELLY: Precinct 4. 11 COMMISSIONER HARRIS: Yes. 12 JUDGE KELLY: And the County Judge is yes. 13 Unanimous, five zero. 14 Item 1.13 consider, discuss and take 15 appropriate action to take a record vote to adopt the 16 2020 Kerr County tax rate. This will be the combined 17 tax rate for Kerr County and Lateral Roads. Mr. Reeves. 18 MR. REEVES: Good morning, Judge. 19 Commissioners. On August 24th of this year, the Court 20 proposed by a unanimous record vote to set the tax rate 21 for the 2020 tax year at .4757 per $100 valuation, it's 22 broke down as follows: Lateral Roads fund, 0.0298 per 23 $100 valuation. Maintenance and operations, 0.387 per 24 $100 valuation. Interest and sinking fund of 0.0589 per 25 $100 valuation. The public meeting was just held by 74 1 this Court. The Court is now officially required -- or 2 now required to officially adopt the tax rate for the 3 2020 tax year. The form and wording of the motion is 4 attached and should be read into the record for the 2020 5 tax rate to be adopted. This adopted tax rate shall be 6 by a record roll call vote. 7 JUDGE KELLY: Okay. Then I will make a 8 motion. I move for the adoption of the combined tax 9 rate for the tax year 2020 of 0.4757 per $100 valuation 10 and breaks down the tax rate as follows: Maintenance 11 and operations, 0.3870 per $100 valuation. Interest and 12 sinking funds, 0.0589 per $100 valuation. And Lateral 13 Roads, 0.0298 per $100 valuation. This rate does not 14 exceed the 2020 no new revenue rate. 15 COMMISSIONER HARRIS: Second. 16 JUDGE KELLY: I made the motion, seconded by 17 Commissioner Harris to approve the tax rate as 18 presented. The Court is open for discussion. Okay. 19 Those in favor? Oh, can't do it that way. Precinct 20 Number 1. 21 COMMISSIONER BELEW: Yes. 22 JUDGE KELLY: Number 2. 23 COMMISSIONER MOSER: Yes. 24 JUDGE KELLY: Three. 25 COMMISSIONER LETZ: Yes. 75 1 JUDGE KELLY: Four. 2 COMMISSIONER HARRIS: Yes. 3 JUDGE KELLY: And County Judge, yes. 4 Unanimous, five zero. 5 COMMISSIONER MOSER: Just for the public, 6 that .4757 compares to last year's tax rate of .515. 7 Ballpark. 8 MR. REEVES: That is correct. 9 COMMISSIONER MOSER: Yes. Okay. So that's 10 a 7.6 percent reduction there. Okay, good. Thanks. 11 JUDGE KELLY: Item 1.14 consider, discuss 12 and take appropriate action to adopt the 2020 Lake 13 Ingram Estates Road District tax rate. This will also 14 be a record vote. Mr. Reeves. 15 MR. REEVES: Thank you. Also on August 24th 16 of this year, the Court by a unanimous vote proposed a 17 tax rate for the Lake Ingram Estates Road district of 18 0.1785 per $100 valuation. A public meeting on this tax 19 rate was just held by the Court. The Court is now 20 required to officially adopt the tax rate and the form 21 of this motion is included in your backup material. A 22 record vote is required. 23 JUDGE KELLY: I move to adopt the Lake 24 Ingram Estates Road district tax rate of 0.1785 per $100 25 valuation for the 2020-2021 fiscal tax year. 76 1 COMMISSIONER HARRIS: Second. 2 JUDGE KELLY: Motion's been made by me, 3 seconded by Commissioner Harris to approve the Lake 4 Ingram Estates Road district tax rate. Voting. 5 Precinct 1? 6 COMMISSIONER BELEW: Yes. 7 JUDGE KELLY: Precinct 2? 8 COMMISSIONER MOSER: Yes. 9 JUDGE KELLY: Precinct 3? 10 COMMISSIONER LETZ: Yes. 11 JUDGE KELLY: Precinct 4? 12 COMMISSIONER HARRIS: Yes. 13 JUDGE KELLY: And the County Judge, yes. 14 Five zero, unanimous. 15 Okay. Now we're on to our ten o'clock. 16 MR. REEVES: Thank you. 17 JUDGE KELLY: Thank you, Mr. Reeves. 18 Item 1.15 consider, discuss and take 19 appropriate action to approve the Kerr 9-1-1 Fiscal Year 20 2021 Budget. Mark Del Toro. 21 MR. DEL TORO: Good morning, Judge. Good 22 morning, Commissioners. I'm here in accordance with 23 Texas Health & Safety Code 772, Subchapter B, to ask for 24 your approval of my Fiscal Year 2021 budget. This 25 budget was approved by the current 9-1-1 Board of 77 1 managers on August 6th. It is a balanced budget. And 2 you should have a copy of that budget in your packet. 3 And I'll be happy to answer any questions. 4 COMMISSIONER MOSER: So you got a four 5 percent salary increase in here? 6 MR. DEL TORO: Yes, sir. Yes. We also had 7 a reduction in personnel cost due to our medical 8 insurance rates being reduced. So it is actually a net 9 overall decrease of 1.25 percent in personnel costs. 10 COMMISSIONER MOSER: Yeah. And there are 11 not many other organizations in the County that have any 12 salary increases like that. 13 MR. DEL TORO: Yes, sir. We have a single 14 mission and we're really good at it. And we're -- 15 JUDGE KELLY: Well, I'm very pleased with 16 your balanced budget. 17 MR. DEL TORO: Thank you, sir. 18 COMMISSIONER MOSER: And they've always done 19 a good job even reducing the budget, so -- 20 COMMISSIONER HARRIS: I move for approval. 21 COMMISSIONER BELEW: I second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Harris, seconded by Commissioner Belew to 24 approve the Kerr 9-1-1 Fiscal Year 2021 budget. Is 25 there any other discussion? Those in favor raise your 78 1 hand. Unanimous, five zero. 2 MR. DEL TORO: Thank you, gentlemen. 3 JUDGE KELLY: Item 1.16 consider, discuss 4 and take appropriate action to abandon, vacate and 5 discontinue a portion of road at the end of Encino 6 Drive. Approximately 100 feet. Miss Bell. 7 MS. BELL: Good morning. I have a list of 8 the nine homeowners that all agree to vacate the road, 9 and it's notarized if you'd like to have a copy of this. 10 I was asked by Commissioner Belew to get with the 11 homeowners, which I did, and they all agreed to the 12 vacate, and then I believe Charlie had asked me to ask 13 about a turnaround. None of them want -- none of the 14 homeowners want a turnaround. There was one undecided 15 and I gave him the phone number so Charlie could talk to 16 him. 17 COMMISSIONER MOSER: So why -- why are we 18 doing this? 19 MS. BELL: Oh, I apologize. The damage on 20 my property. I have -- 21 COMMISSIONER MOSER: You can take your mask 22 off so we can understand you. 23 MS. BELL: Okay. I guess because of the 24 continued damage on my property, hitting my fences, 25 hitting my cars, stealing wood, knocking down posts. 79 1 It's just been continually, and it has gotten more 2 bolder. They'll stand out -- park at night. I've had 3 to call the police to have them to ask them to leave. 4 Just nonstop. 5 They ran over my well line and broke it 6 twice, and drained my well water. So by having this 7 vacated and with a gate there, it has stopped all the 8 traffic and no more problems. 9 COMMISSIONER BELEW: Right up to a certain 10 point on the road the property on both sides is yours? 11 MS. BELL: Yes. I own both sides of the 12 property and -- 13 COMMISSIONER MOSER: Okay. 14 MS. BELL: -- the fences are well within the 15 property line. And we also put rail ties on there 16 because the last time it was broken was in April and 17 they broke the faucet right there and drained my whole 18 well. 19 COMMISSIONER MOSER: Okay. Thank you. All 20 right. 21 COMMISSIONER LETZ: So this is -- what we're 22 doing here, this is a request for us to start the 23 process? 24 MS. BELL: No. To vacate that last 100 25 feet. 80 1 COMMISSIONER BELEW: To stop maintenance. 2 MS. BELL: To stop maintenance and vacate 3 it. 4 COMMISSIONER LETZ: Don't we need a public 5 hearing for that? 6 MR. HASTINGS: I can go through the process 7 if you like. Pass those around. 8 COMMISSIONER HARRIS: We do. 9 COMMISSIONER LETZ: Right. Must have a 10 public hearing and TxDOT and a lot of things. 11 MS. BELL: Did you want a copy of the 12 signatures or do you want a copy -- 13 COMMISSIONER BELEW: Well, hang -- hang on 14 to that. 15 MS. BELL: Okay. 16 MR. HASTINGS: Just real quick. I'll go 17 over the process. We're being asked to abandon and 18 vacate and discontinue a portion of the road. The 19 process to do that is to prepare a petition with eight 20 signatures from people who live in the Precinct. The 21 petition must show the limits of the road to be 22 abandoned, vacated and discontinued. And the petition 23 must be posted at both ends of the subject portion of 24 the road, as well as the courthouse for a minimum of 20 25 days prior to a public hearing. 81 1 A public hearing is required before the 2 Commissioners' Court can consider the petition. And 3 following the public hearing, the Commissioners' Court 4 may consider and take action on the subject request. So 5 if we were going to move forward with abandoning, 6 vacating and discontinuing, that would be the process by 7 State Law. 8 I have an exhibit in here, a drawing, that I 9 wanted to share with you. The roads that -- that we 10 have -- you can look at this, too, Shirley, I think 11 you'll appreciate this. The yellow line is the 12 property -- is her property line. She owns several 13 pieces of property back there. I think three. 14 MS. BELL: No, there's four. 15 MR. HASTINGS: It's actually four and 16 comprises, I don't know, 10, 12 acres, something like 17 that? 18 MS. BELL: Just under 14. 19 MR. HASTINGS: So just under 14 acres. And 20 the issue that she has described is folks come back to 21 the end of the road and -- 22 COMMISSIONER MOSER: Her property is on the 23 left or the right of -- 24 MR. HASTINGS: Her property is to the left 25 of that yellow line. 82 1 COMMISSIONER MOSER: Okay. Yeah. 2 MR. HASTINGS: I have not zoomed out enough 3 to show that because I wanted to zoom in and show you 4 where she has placed a gate across the road. She got a 5 call from me saying, hey, you've placed a gate across a 6 public road, you need to remove the gate. She said, 7 well, I'd really like to abandon, vacate and discontinue 8 the road so that I can have a gate right there. And I 9 said, okay, come to the Court and ask them if they would 10 like to proceed with that. Because right now she does 11 have a letter from me saying, hey, you need to remove 12 the gate. 13 JUDGE KELLY: Is this a privately owned 14 public use road or is -- 15 MR. HASTINGS: No, sir. This is actually 16 maintained by Kerr County. 17 JUDGE KELLY: I know we maintain it. But -- 18 MR. HASTINGS: And it is a public -- it's 19 dedicated on the plat as a public road. 20 JUDGE KELLY: Okay. So it's a dedicated 21 public road. 22 MS. BELL: Back in the 60's the homeowners, 23 there was only four, and we paid to have the road paved 24 and then we donated it to the County to maintain. So 25 that's how that worked out. 83 1 COMMISSIONER BELEW: So being that she has 2 property on both sides of the road after a certain 3 point, I told her that we need to have a public 4 hearing -- well, first of all, talk to her neighbors. 5 Be neighborly and which she -- 6 MS. BELL: And I have a list, all hundred 7 percent said that they agree, and then all of them agree 8 to no, they do not want a turnaround. Only one was 9 undecided and we gave him Charlie's number and I don't 10 know whether or not he's contacted them or not. 11 COMMISSIONER BELEW: All right. Now what's 12 the total? 13 MS. BELL: There's only nine. 14 COMMISSIONER BELEW: Nine people. So that 15 would meet the requirement. 16 COMMISSIONER LETZ: Charlie, what -- go 17 ahead. 18 COMMISSIONER BELEW: And then it's -- the 19 process now is to have the -- which I explained to you, 20 that we would have to have a public meeting on it. 21 MS. BELL: Yeah. And I don't know how to 22 proceed from there. I think I've done all I can do. 23 JUDGE KELLY: So really this -- this is 24 initiating the process. 25 COMMISSIONER BELEW: Right. Yeah. 84 1 MR. HASTINGS: This would be to initiate the 2 process. But something that -- that is important to 3 Mrs. Bell is that there's no turnaround required. I 4 will say and point out that all of these requests that 5 we've had, we've required a turnaround on all of them. 6 And the reason is that in our standards right now, any 7 road that is more than 99 feet we need some way for 8 people to turn around. We've got emergency vehicles 9 going back there. People that don't belong but they 10 make a wrong turn and maybe they're pulling a trailer or 11 something, they need a safe place to turn around. 12 COMMISSIONER MOSER: There's no turnaround 13 there now. 14 MS. BELL: No. 15 MR. HASTINGS: There's no turnaround now. 16 And if -- 17 COMMISSIONER MOSER: So if there's none now, 18 so we're going to -- 19 MS. BELL: Why -- why do it now? We don't 20 want more traffic. And that was the other thing. Some 21 of the homeowners had asked to put a no thru traffic. 22 We already have a dead end sign. But they don't want -- 23 they would like to have even less and put no thru 24 traffic underneath the dead end sign to deter people 25 from coming up the road. I think the road is very 85 1 minimum. Most large trucks that come up, they have to 2 back out. And we -- they don't want the road widened 3 and they really don't want a turnaround. That's what -- 4 what they've basically -- 5 COMMISSIONER MOSER: So it's interesting. 6 We don't have a turnaround. But if you close it then -- 7 MS. BELL: Then they want -- 8 COMMISSIONER MOSER: -- that's -- they would 9 consider -- 10 MS. BELL: -- a turnaround. It doesn't make 11 sense. Yeah. 12 COMMISSIONER BELEW: Well, but there are 13 times where when you -- for example, you buy a piece of 14 property and it's a different use, you have to make 15 some -- 16 COMMISSIONER MOSER: Changes. Yeah. 17 COMMISSIONER BELEW: -- some changes. 18 COMMISSIONER MOSER: That's right. 19 COMMISSIONER BELEW: So I don't know if -- 20 if that's required we do this or not. Doesn't seem like 21 it would be. Is there -- 22 MR. HASTINGS: To have a turnaround? 23 COMMISSIONER BELEW: Yeah. 24 MR. HASTINGS: It's required. 25 MS. BELL: That's what -- 86 1 MR. HASTINGS: That's what I'm 2 demonstrating. 3 COMMISSIONER BELEW: But she doesn't have it 4 now is what Commissioner Moser's point is. 5 MR. HASTINGS: That's correct. And the 6 other roads we required it on didn't have them either. 7 COMMISSIONER BELEW: Before we closed them. 8 MR. HASTINGS: That's right. 9 COMMISSIONER BELEW: But new use. All 10 right. And you would fall under that category. 11 MR. HASTINGS: What I've done is I've 12 demonstrated on here what a turnaround would look like. 13 And the property that would need to be dedicated. And 14 then what we've done in the past is the property was 15 dedicated by the property owner and once the County 16 owned the property, then the County Road and Bridge 17 forces utilized their equipment and material to build 18 the turnaround. 19 MS. BELL: Right here, when they reach the 20 gate -- or my property line, my gate is way up here, 21 it's not here by the way. So when they open it, it's 22 not impeding any of the other people's property, my 23 neighbors' property. So what they're doing right now is 24 they -- people just back up and there's a garden here, 25 my property. And there's a garden right here, and 87 1 that's where they're turning around right now. They 2 already have a make-shift turnaround and it's before you 3 reach my property. So they're just backing up and going 4 into it. 5 COMMISSIONER BELEW: So what -- what are the 6 specs on the turnaround? 7 MR. HASTINGS: The specs on the turnaround 8 would be the property that would need to be dedicated 9 is -- would be 80 feet by 60 feet. And then a road 10 within that would be built that would be 30 feet wide 11 and 60 feet long. That would allow a vehicle that's 12 pulling a trailer that comes to the end -- gets up to 13 the gate and says, oh boy, what do I do now? 14 I did -- I did get a phone call from the one 15 gentleman that -- that he didn't sign. He called this 16 morning, and he said while he was visiting with you, 17 that a trash truck went by and both of y'all said how's 18 that truck going to turn around? 19 MS. BELL: Right. 20 MR. HASTINGS: Or he said that, at least. 21 And so that is a big concern of his, was he -- he wanted 22 to know how -- 23 MS. BELL: That's -- he was the one that 24 wants no thru traffic. 25 MR. HASTINGS: Right. 88 1 MS. BELL: Or recently he wanted to gate it 2 at Encino Drive. I mean, at the Flat Hill Road and just 3 privatize that whole nine homes. But we -- so instead, 4 I guess most of the people just put their own gate 5 there. 6 MR. HASTINGS: I do want to be careful of 7 the logic of the nine people that signed this that they 8 don't care to have a turnaround, it's a public road. 9 It's open for anybody in the world that wants to drive 10 on it. That's the people that are concerned about 11 turning around. 12 COMMISSIONER BELEW: Okay. So if that's a 13 county maintained road -- 14 MR. HASTINGS: Yes, sir. 15 COMMISSIONER BELEW: -- up to that point and 16 we abandon part of it, does the County incur the expense 17 of making the turnaround? 18 MR. HASTINGS: We have in the past, yes. 19 It's a minimal expense. 20 JUDGE KELLY: But all we're doing today is 21 letting her initiate this process and we'll make these 22 fine-tuning points or decisions later. 23 COMMISSIONER BELEW: Right. 24 MR. HASTINGS: We can do that, yes, sir. 25 What I'm looking for is direction today, because right 89 1 now she has a notice of violation that she has a gate 2 across a public road, and -- 3 JUDGE KELLY: And that's not lost on me. 4 MR. HASTINGS: -- so it sounds like today, 5 I move forward with the next letter to her, which is 6 certified mail that says you've got 30 days to remove it 7 or it will be removed. 8 COMMISSIONER HARRIS: Well, we need to stick 9 to County policy on this. 10 MS. BELL: Well, the gate is open. I mean 11 they can go through -- everybody, FedEx, everybody, UPS, 12 mailman. Everybody's going through the gate. They can 13 access it. I mean, I have two 12-foot gates. One gate 14 is always closed and one gate is open and it has made a 15 huge difference with the traffic when they see -- but I 16 would like to proceed with vacating the road. And I've 17 got the signatures that want it vacated. And as far as 18 the turnaround we can -- like I said, they don't want a 19 turnaround, they don't want the road widened, but there 20 was one undecided, so -- 21 COMMISSIONER BELEW: Well, it's a matter of 22 what the law requires. 23 MS. BELL: Right. I -- I'm just telling you 24 what the people on that road had to say. 25 MR. HASTINGS: To move forward if you'd 90 1 like, I'll guide her through the process of getting the 2 proper notifications out so that we can have the public 3 hearing, if that's what the Court would like. 4 JUDGE KELLY: And I'm fine with that. I 5 just want Miss Bell to understand, we have -- we're not 6 making a decision about whether there's a turnaround or 7 not. 8 MR. HASTINGS: Right. 9 JUDGE KELLY: We're just initiating the 10 process -- 11 MS. BELL: Okay. 12 JUDGE KELLY: -- so that you can take that 13 issue. 14 MS. BELL: Yes, sir. Okay. 15 JUDGE KELLY: We can abandon that portion of 16 the road and you can gate it. 17 MS. BELL: All right. Thank you. 18 JUDGE KELLY: And we'll start that process 19 and authorize Charlie to walk you through it. But the 20 Court is not making any determination today as to 21 whether or not there will be a turnaround. 22 MS. BELL: Okay. 23 COMMISSIONER BELEW: But in the meantime, 24 any -- anything that's on that road -- 25 MS. BELL: Uh-huh. 91 1 COMMISSIONER BELEW: -- that's a county 2 road, you don't have any right to have anything on the 3 road. Your property goes up to the edge of the road. 4 The road belongs to the County. 5 MS. BELL: Right. And none of this is on -- 6 COMMISSIONER BELEW: So if you have 7 something in -- as an obstruction, it's in violation. 8 COMMISSIONER HARRIS: Even if one -- you've 9 got two gates and one of them is left -- 10 MS. BELL: Open. 11 COMMISSIONER BELEW: Anything on that road. 12 COMMISSIONER HARRIS: Well, the other one 13 needs to be open, too, I would think. 14 MS. BELL: Okay. So that -- you're asking 15 me to open the road again? 16 COMMISSIONER MOSER: Just open it, yeah, 17 until we get through the process. 18 MS. BELL: Okay. 19 COMMISSIONER LETZ: I think the -- 20 COMMISSIONER BELEW: Until this is done, 21 yeah. 22 MS. BELL: Okay. 23 COMMISSIONER BELEW: So you're -- so that 24 you're -- it's basically a -- showing good faith in 25 this. 92 1 MS. BELL: Okay. 2 COMMISSIONER BELEW: We want to do it right, 3 let's do it right. 4 JUDGE KELLY: What we don't want -- what we 5 don't want to have happen is sustain any liability 6 issues arising over this. If you've got a gate out 7 across the public road and somebody hits it and it's 8 damaged, you know, they're going to complain to us. 9 MS. BELL: Okay. 10 JUDGE KELLY: And so right now, you're not 11 supposed to gate a public road. It is a public road. 12 And so for the time being, I think the legal thing would 13 be keep those gates open. 14 COMMISSIONER MOSER: Open them. 15 MS. BELL: Okay. 16 COMMISSIONER MOSER: And we'll proceed. 17 JUDGE KELLY: And we'll -- we'll go through 18 this process with you and try to accommodate your 19 concerns. But I think we need to have that road open. 20 COMMISSIONER LETZ: Part of the problem -- I 21 want to clarify something you said, Judge. The County 22 policy is to have a turnaround. We can go start the 23 process now, but it's questionable whether there would 24 be enough votes to it without a turnaround, based on 25 what I'm hearing. 93 1 JUDGE KELLY: Right. And that's what I want 2 to make sure, that Miss Bell understands that. We're 3 going to try to accommodate and we're going to help you 4 get through this process, but we may very well require a 5 turn around. 6 MS. BELL: Okay. And so that would be -- 7 well, you guys -- 8 COMMISSIONER BELEW: Well, you need to 9 get -- 10 MS. BELL: Even though the landowners in 11 that don't care for it, it's that you guys decide -- 12 because if I -- 13 COMMISSIONER BELEW: It's the rules. 14 JUDGE KELLY: It's what's in the best 15 interest of the public, not those eight or nine 16 landowners. We understand what they want. And we're 17 not necessarily disagreeing with them, but we're saying 18 we have to do what's in the public's interest. 19 COMMISSIONER LETZ: Because it's a public 20 road. 21 JUDGE KELLY: Because it's a public road. 22 MS. BELL: Okay. 23 COMMISSIONER BELEW: And that would come 24 down to you talking with Charlie so you'd understand 25 what it would be like to have a turnaround. 94 1 MS. BELL: Okay. But would you have to 2 widen the road? Because I know you -- the dimensions 3 you gave -- 4 MR. HASTINGS: No. No. The road wouldn't 5 need to be widened. There would need to be this little 6 turnaround place adjacent to the road at those 7 dimensions. 8 COMMISSIONER MOSER: So they could back out. 9 MS. BELL: And you couldn't do it here where 10 they're already turning around? 11 MR. HASTINGS: No. Because if -- it needs 12 to be within 40 feet of the gate. Otherwise somebody 13 gets up there and then they're backing up. Right now, 14 they're backing up 140 feet before they can get 15 somewhere where they can kind of turn around. And if 16 they've got a trailer, they're going way off into 17 private property to do it. It needs to be public. So 18 this would be land dedicated to the public and then a 19 public turnaround road. 20 MS. BELL: Okay. This whole area here? 21 MR. HASTINGS: Yeah. You can keep this. 22 MS. BELL: I was going to say, that's the 23 garden. I don't think that's going to work right there. 24 COMMISSIONER BELEW: So really -- but you 25 can sit down and talk about it elsewhere rather than -- 95 1 we're not going to do it now. 2 MS. BELL: Okay. Gotcha. 3 COMMISSIONER HARRIS: You good, Charlie? 4 MR. HASTINGS: I've got good direction. I 5 know what to do. Thank you. 6 JUDGE KELLY: Thank you, Miss Bell. 7 MS. BELL: Thank you. 8 JUDGE KELLY: Item 1.17 consider, discuss 9 and take appropriate action to receive bids for Phase II 10 and Phase III of the Kerr County Center Point Wastewater 11 Project. Mr. Hastings. 12 MR. HASTINGS: Thank you, Judge. 13 Commissioners. The Kerr County -- East Kerr County 14 Wastewater Project, we opened the bids on September the 15 3rd. The bid opening was at 2:00 p.m., and here are 16 the -- the following is the tabulation of the bids that 17 were open and they were read aloud. And I'll do them in 18 order of price with the lowest bid starting first. 19 D Guerra Construction, LLC, they're out of Austin, 20 Texas. Their total bid price that was read aloud on 21 their bid packet was $9,029,557.52. 22 Wagner Construction, Incorporated, they're 23 out of International Falls, Minnesota, $11,199.548.44. 24 This is in your backup data. Pesado Construction 25 Company out of Schertz, Texas, $14,340,596.10. Spiess 96 1 Construction Company, Inc., out of Orcutt, California, 2 $14,855,973.58. And Excel Aircraft, LLC, Doing Business 3 As Excel Trenching, out of Carthage, Texas, 4 $15,130,874.68. Those were the bid tabulations for 5 Phase II. 6 I'll go on to Phase III if there's no 7 questions for Phase II. Phase III of the Kerr County 8 and Center Point Wastewater Project. The following are 9 the bid tabulations opened and read on September 3rd, 10 2020, for Phase III of the project. And again, this is 11 in order of lowest bid to highest bid. D Guerra 12 Construction, LLC, out of Austin, Texas, $6,751,648.95. 13 M5 Utilities, LLC, out of Boerne, Texas, $7,942,834.21. 14 T Construction, LLC, out of Houston, Texas, 15 $8,461,596.25. Wagner Construction, Incorporated, out 16 of International Falls, Minnesota, $8,593,704.04. 17 Wampole-Miller, Incorporated, Doing Business As Miller 18 Brothers, out of Conshohocken, Pennsylvania, 19 $10,109,747.04. Spiess Construction Company, Inc., out 20 of Orcutt, California, $11,222,123.93. Pesado 21 Construction Company, out of Schertz, Texas, 22 $11,313,551.00. And Excel Aircraft, LLC, Doing Business 23 As Excel Trenching, out of Carthage, Texas, 24 $11,615,703.45. 25 COMMISSIONER BELEW: So Guerra was low bid 97 1 on both? 2 MR. HASTINGS: Yes, sir. 3 COMMISSIONER MOSER: So the question -- so 4 the agenda item is that the -- County Attorney, is to 5 accept the bids -- 6 JUDGE KELLY: To receive. 7 COMMISSIONER MOSER: To receive the bids I 8 mean, not to accept. Good. Thank you, Judge. To 9 receive the bids. So all we're doing is acknowledging 10 that those bids have been sent and we have received 11 them, correct? 12 MR. HASTINGS: Yes, sir. 13 COMMISSIONER MOSER: And then that takes a 14 formal action to -- on our part to say we're receiving 15 the bids? 16 MR. HASTINGS: Yes. 17 MRS. STEBBINS: Yes. 18 JUDGE KELLY: They have to be officially 19 received by the Court. They opened them a couple weeks 20 ago. 21 COMMISSIONER MOSER: Okay. So I make a 22 motion that we receive the bids as presented by the 23 County Engineer. 24 COMMISSIONER LETZ: Second. 25 COMMISSIONER MOSER: Okay. And -- 98 1 JUDGE KELLY: Motion's been made by 2 Commissioner Moser, seconded by Commissioner Letz to 3 receive the bids on Phase II and Phase III of the Kerr 4 County Center Point Wastewater Project as presented. 5 COMMISSIONER MOSER: And -- and part of the 6 discussions is now you and Tetra Tech, Don Burger, will 7 go through these bids and evaluate them and then come 8 back to the Court for the recommendation? 9 MR. HASTINGS: Yes, sir. That is correct. 10 COMMISSIONER MOSER: Okay. 11 COMMISSIONER LETZ: Charlie, another 12 question I have is -- and hopefully you brought the 13 spreadsheet that you had. How much money do we have in 14 the grant funding for these two projects, two phases? 15 MR. HASTINGS: Right now we have about 18.9 16 million in construction funds for Phases I, II and III. 17 We have some outstanding bills for Phase I, so that -- 18 when that project closed out, that will bring it down to 19 about 16.4 million. If you add these two low bids, 20 you're at 15.9 million. 21 COMMISSIONER LETZ: Okay. 22 MR. HASTINGS: So we're well within -- 23 COMMISSIONER MOSER: And is that just water 24 developments or is that TDA also? 25 MR. HASTINGS: That is a combination of -- 99 1 COMMISSIONER MOSER: Both of them? 2 MR. HASTINGS: Yes, sir. 3 COMMISSIONER MOSER: Okay. 4 MR. HASTINGS: The Texas Water Development 5 Board, the CDAP funding and the Texas Department of 6 Agricultural funding. 7 COMMISSIONER MOSER: Okay. So low bid 8 you're right in that area. 9 MR. HASTINGS: Those are construction 10 dollars only. There also is contingency on top of that. 11 So we're -- we're good. 12 COMMISSIONER BELEW: Well, what is the 13 process of the evaluation? Is that to make sure 14 we're -- 15 MR. HASTINGS: I'm going to let Tetra 16 Tech -- our engineering consultant from Tetra Tech, 17 Don Burger -- 18 MR. BURGER: Basically, we do an evaluation 19 like we would for any contractor that you are going to 20 invest this much money in. We investigate their 21 qualifications, ensure that they are a qualified bidder 22 and have the capabilities to do the work. 23 I've asked the low bidders to prepare some 24 additional documentation showing us what their resources 25 are. How many people they have, kind of equipment they 100 1 have, to help us -- assure us that they will be able to 2 complete both projects within the allotted construction 3 schedule. So I know that on this project, kind of, 4 getting these projects done on time will be very 5 important. 6 We also will have to prepare a 7 qualifications package of documentation for the Texas 8 Water Development Board and a separate package for the 9 TDA to get them approved by the funding agency. And so 10 those packages will be prepared. That does require 11 cooperation by the low bidder. 12 But we would come to you at the next 13 Commissioners' Court meeting with a recommendation for a 14 tentative award to the -- to probably the low bidder, 15 but whoever it is, we would make recommendation too that 16 we find to be the lowest qualified bidder on the project 17 that can get the work done. 18 And then following that, the documentation 19 would go to the Water Development Board and TDA for 20 their approval. Once they've approved that, then we can 21 have the contracts executed and issue a notice to 22 proceed. 23 COMMISSIONER MOSER: I want to repeat 24 something you just said. Lowest qualified bidder. So 25 you -- 101 1 MR. BURGER: Yes, sir. 2 COMMISSIONER MOSER: -- and when you come 3 back, you and Charlie, you'll have some "should cost" in 4 there that Tetra Tech will comment to? 5 MR. BURGER: We'll have -- we'll have a 6 review of references, we'll have a review of 7 qualifications -- 8 COMMISSIONER MOSER: No, I said "should 9 cost". 10 MR. BURGER: Should cost? 11 COMMISSIONER MOSER: Should cost. The 12 engineering estimate. 13 MR. BURGER: Oh, the engineering estimate? 14 We will provide a bid tabulation, a detailed look at 15 each of the unit prices that were provided by all of the 16 bidders, and then a comparison with what the engineer's 17 estimate of those costs were. 18 COMMISSIONER MOSER: That's what I'm asking 19 for, yes. The engineer's estimate of what it should 20 cost. 21 MR. BURGER: Yes. That will be -- 22 COMMISSIONER MOSER: Okay. 23 MR. BURGER: -- along with the tabulation, 24 yes. 25 COMMISSIONER MOSER: Okay. A very important 102 1 part. 2 MR. BURGER: Not necessarily -- I wouldn't 3 call it a "should cost". 4 COMMISSIONER MOSER: Well -- 5 MR. BURGER: An estimate of what it might 6 cost. 7 COMMISSIONER MOSER: Okay. Well -- 8 COMMISSIONER LETZ: And you'll also be able 9 to compare it to what the costs were under Phase I. 10 MR. BURGER: We can do that as well, if you 11 like. 12 COMMISSIONER MOSER: Yes. 13 MR. BURGER: I can prepare a comparison to 14 the contract cost from Phase I. 15 COMMISSIONER LETZ: I think the unit cost 16 comparison there will be pretty helpful in your analysis 17 primarily. 18 MR. BURGER: Sure. 19 COMMISSIONER HARRIS: How long are these 20 bids good for? 21 MR. BURGER: About 60 days. 22 COMMISSIONER MOSER: And the other thing you 23 talked about, you know, timing is important, and it is, 24 and our schedule was by September 1st, we would have 25 these under contract. So we're a little bit behind, 103 1 so -- okay. 2 MR. BURGER: We issue it as fast as we can. 3 It is taking a little bit more time. We had a couple of 4 hiccups in the initial qualification. One of the names 5 of one of the officers of -- actually more than one of 6 the contractors showed up on a list and so we had to go 7 back and find a complete name to clear it. 8 COMMISSIONER MOSER: Project schedules slip. 9 Okay. So -- 10 MR. BURGER: Yes. 11 COMMISSIONER MOSER: -- important to manage 12 it. Okay. Good. 13 COMMISSIONER HARRIS: I heard over the 14 weekend, and just by chance, that resin plant is really 15 set to hit here lately. One burned up and one affected 16 by a hurricane that -- PVC pipe just jumped like 30 17 percent overnight almost. Does that play into this? 18 MR. BURGER: It doesn't look like it based 19 upon what we see in the bids. But the cost of the pipe 20 itself and most of the pipe on this project is PVC, it's 21 not an insignificant cost of the whole thing, but it is 22 a very small portion of that cost. And most of that is 23 the labor to install the PVC, the equipment to excavate 24 and that stuff. 25 COMMISSIONER MOSER: Good. And these are 104 1 fixed price contracts, too, right? 2 MR. BURGER: Yes. 3 COMMISSIONER MOSER: Okay. 4 JUDGE KELLY: Okay. The motion on the floor 5 is to receive bids for Phase II and III of the Kerr 6 County Center Point Wastewater Project. Any other 7 discussion? Those in favor raise your hand. Unanimous, 8 five zero. Thank you. 9 MR. BURGER: Thank you. 10 COMMISSIONER MOSER: Thank you, guys. 11 JUDGE KELLY. 1.18. This is a public 12 hearing to remove the road name of Padre Pio Drive West 13 in Precinct 4. So I'm convening a public meeting. Is 14 there anyone here that would like to address the Court 15 with regard to removing the name of Padre Pio Drive 16 West? 17 MR. DEL TORO: Hello again. I submitted the 18 application to have the road name removed, Padre Pio 19 Drive. Back in 2010, the Commissioners' Court voted to 20 extend -- actually realign Cummings Lane. And Cummings 21 Lane, once it was realigned, took over the section of 22 road that was named Padre Pio, but the road name Padre 23 Pio was never officially dropped, and that is my 24 request. 25 COMMISSIONER BELEW: I move for approval. 105 1 COMMISSIONER MOSER: I'll second. 2 COMMISSIONER LETZ: Well -- we're in a 3 public hearing. 4 COMMISSIONER BELEW: Oh. Yeah, okay. 5 JUDGE KELLY: Anyone else who would like to 6 address the Court with regard to this? Okay. Then 7 we'll adjourn the public hearing and move on to Item 8 1.19 consider, discuss and take appropriate action for 9 the Commissioners' Court final approval to remove the 10 road name of Padre Pio Drive West. 11 MS. HOFFER: Mark Del Toro from the 9-1-1 12 office applied on 7-8 of 2020 to have the existing road 13 name of Padre Pio Dr. W. removed from the record, and 14 all of the road will be named Cummings Lane, which was 15 named in 2010, as Mark said, and Padre Pio Dr. W. was 16 never removed. 17 Kerr County maintains Cummings Rd. W. from 18 Blue Ridge Rd. W. to Ed's Way W., approximately 400 19 feet. The section from Ed's Way W. to the end is not 20 maintained by Kerr County and currently has a sign that 21 states County Maintenance ends. And that's this portion 22 that we're speaking of. 23 The public hearing was just held. At this 24 time I ask the Commissioners' Court for their final 25 approval regarding the removal of the road name of Padre 106 1 Pio Dr. W., and this is in Precinct 4. 2 COMMISSIONER BELEW: Now I move for 3 approval. 4 COMMISSIONER HARRIS: And I'll second. 5 COMMISSIONER BELEW: Okay. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Belew, seconded by Commissioner Harris to 8 approve the removal of the road name of Padre Pio Dr. W. 9 Is there any other discussion? Those in favor raise 10 your hand. Unanimous, five zero. 11 Item 1.20, another public hearing that I'm 12 going to convene regarding the installation of a stop 13 sign at the intersection of Horizon Blvd. S. and 14 Sheppard Rees Rd. S. in Precinct 1. Is there anyone who 15 would like to address the Court with regard to this 16 issue? There being no one, then we will adjourn. 17 And let me call item 1.21 consider, discuss 18 and take appropriate action for the Commissioners' Court 19 final approval regarding the installation of a stop sign 20 at the intersection of Horizon Blvd. S. and Sheppard 21 Rees Rd. S. Miss Hoffer. 22 MS. HOFFER: A gentleman came to the 23 engineering office in the afternoon of Thursday, 24 July 16th, 2020 inquiring about a stop sign at the 25 intersection of Horizon Blvd. S. and Sheppard Rees Rd. 107 1 S. The man stated that he has almost been hit twice by 2 folks leaving the Horizon and entering Sheppard Rees Rd. 3 S. 4 I looked through all of our records and 5 could not find where there was a court order for a stop 6 sign at this intersection. There is a private road 7 street sign, green with red stripe, on Sheppard Rees Rd. 8 for Horizon Blvd. S., but no stop sign. 9 I have discussed this with the Engineering 10 Department and they are in favor of the installation of 11 a stop sign. If approved, a stop sign would be 12 installed within the right-of-way of Sheppard Rees Rd. 13 in front of the entrance of the Horizon Subdivision. 14 The public hearing was just held. At this 15 time, I ask the Commissioners' Court for their final 16 approval regarding the installation of a stop sign at 17 the intersection of Horizon Blvd. S., private road, and 18 Sheppard Rees Rd. S., county maintained road, and this 19 is in Precinct 1. 20 COMMISSIONER MOSER: Is this item 1.22? 21 JUDGE KELLY: No, it's 1.21. 22 COMMISSIONER MOSER: Oh. 23 COMMISSIONER BELEW: I move for approval. 24 COMMISSIONER HARRIS: Second. 25 JUDGE KELLY: Motion's been made by 108 1 Commissioner Belew, seconded by Commissioner Harris for 2 the final approval regarding the installation of a stop 3 sign at the intersection of Horizon Blvd. S. and 4 Sheppard Rees Rd. S. Is there anymore discussion? 5 Sheriff? 6 SHERIFF HIERHOLZER: The only question I 7 have, that's an awful wide entrance. Is that stop sign 8 placement going to be where it would be obvious to 9 people coming out of Horizon that there's a stop sign or 10 are we going to have a hard time enforcing this stop 11 sign because people won't notice it? That's my concern. 12 COMMISSIONER BELEW: That was the question 13 from the beginning of this. It's such a wide area. The 14 placement of it. Do y'all -- they've looked at it to 15 decide where to put it. 16 MS. HOFFER: Engineering -- Bobby in 17 engineering had suggested -- normally our stop signs for 18 county roads are 30-inch and Bobby had recommended to go 19 with what a TxDOT sign would be at 36, to install a 20 larger stop sign at this intersection. It's still a 21 wide intersection but -- and I agree with him on that. 22 COMMISSIONER BELEW: But there is a visual 23 as you're coming out the gate of Horizon and, you know, 24 your line of sight is the important thing. 25 COMMISSIONER LETZ: I guess the question I 109 1 have is the same issue on the width. Where is the 2 right-of-way? I mean, one of the dangerous things at 3 that intersection is the width. Is there a way to make 4 the Horizon -- or can the County narrow that so it's not 5 so wide? 6 MR. HASTINGS: We could. 7 COMMISSIONER BELEW: We'll have a roomful of 8 people here when it happens. 9 COMMISSIONER LETZ: See, that's the -- but 10 they're the ones that aren't stopping and causing the 11 problem, too. 12 COMMISSIONER BELEW: Well, not all of them. 13 Most of them are polite folks. 14 COMMISSIONER LETZ: Well, if you just look 15 at the picture, the big part of the problem is you can't 16 tell where the road is. 17 COMMISSIONER BELEW: Right. That's the hard 18 part. 19 MS. HOFFER: Yeah. I'm not real sure why 20 that ever got approved to be real honest with you. I 21 don't know. I don't have any idea. 22 COMMISSIONER BELEW: Well, I suspect it was 23 just left that way. 24 COMMISSIONER LETZ: But if we -- I mean, we 25 could put -- at the edge of the right-of-way we could 110 1 put a guardrail to narrow it and make it a road. 2 COMMISSIONER BELEW: That's expensive. 3 MR. HASTINGS: Yeah. 4 COMMISSIONER BELEW: Safety is important but 5 if -- we can try this. I say we approve this and then 6 if it doesn't solve the problem we revisit it. How's 7 that? 8 MR. HASTINGS: I like that. And I think we 9 could maybe revisit it later if we feel like it's needed 10 maybe with -- just raised pavement markers. 11 COMMISSIONER LETZ: Yeah. Just something -- 12 MR. HASTINGS: Something that glues down 13 and -- 14 COMMISSIONER LETZ: Yeah. That works. 15 MR. HASTINGS: -- shows people where the 16 edge is. 17 COMMISSIONER BELEW: Like one of those 18 triangle kind of things where they can't drive on it or 19 what? Put some landscape in the rocks. 20 COMMISSIONER LETZ: Anyway. It just -- this 21 is a step in the right direction. 22 JUDGE KELLY: Any more discussion? Those in 23 favor raise your hand. Unanimous, five zero. 24 MS. HOFFER: Thank you. 25 JUDGE KELLY: Okay. Item 1.22 consider, 111 1 discuss and take appropriate action for the 2 Commissioners' Court to set a Public Hearing regarding 3 the setting of the speed limit to 35 miles per hour on 4 Cade Loop South. 5 MS. HOFFER: Cade Loop S. has never had a 6 posted speed limit according to our records. We placed 7 traffic counters out on Cade Loop in two locations from 8 8-14-2020 to 8-21-2020. The counters were placed under 9 the direction of the County Engineer. One counter 10 showed the 85th percentile of 34 miles an hour, plus the 11 other counter showed 85th percentile of 36 miles per 12 hour. 13 Under the guidance of the County Engineer, 14 we feel the posted speed limit should be 35 miles per 15 hour on Cade Loop South. At this time, I ask the 16 Commissioners' Court to set a public hearing regarding 17 setting the posted speed limit on Cade Loop S. at 18 35 miles per hour in Precinct 4, and that would be set 19 for October 26th, 2020 at 10 a.m. 20 COMMISSIONER HARRIS: I move for approval. 21 COMMISSIONER MOSER: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Harris, seconded by Commissioner Moser to 24 approve the setting of a Public Hearing on October the 25 26th at 10 a.m. to set the speed limit on Cade Loop S. 112 1 at 35 miles an hour. Any other discussion? Those in 2 favor raise your hand. Unanimous, five zero. 3 MS. HOFFER: Thank you. 4 JUDGE KELLY: Item 1.23 consider, discuss 5 and take appropriate action for the Court to approve a 6 Concept Plan for two acres on Nixon Lane. Charlie 7 Hastings. 8 MR. HASTINGS: Thank you. I have a letter 9 from is Lee Voelkel who's working on this plat, and I'd 10 like to read that. Dear Charlie, Victor Garcia owns two 11 acres -- a two acre tract along Nixon Lane. The tract 12 has two existing residences which share a septic system, 13 a common septic system, that was approved and licensed 14 years ago. Both residences are served by a community 15 water system, Aqua Texas, and each has a separate 16 metered tap. 17 Mr. Garcia would like to divide the tract 18 into two one-acre tracts, giving one to his son and 19 selling the other. He understands that he will have to 20 install new septic systems for each residence and that 21 it will need approval from the Kerr County Environmental 22 Health Department. He will also provide a letter from 23 the water company stating that they are presently 24 serving both residences. 25 And so as we reviewed this, there's a couple 113 1 things that we wanted to make sure that the Court agreed 2 with before they proceeded to try to divide this 3 property. It is a two-acre tract at 1505 Nixon Lane. 4 It currently has two residential homes with two separate 5 water connections. 6 The concept plan proposes to divide it into 7 two one-acre tracts. The maximum number of allowable 8 residential lots will be determined using the Texas 9 Water Development Board Model Subdivision Rules as it 10 relates to water availability. 11 The property owner is also requesting the 12 Court allow lots to have less than 150 foot of frontage 13 on the road. The lots across the street have a hundred 14 foot of frontage. They're proposing two lots that would 15 each have 122 feet of frontage. 16 And Section 7.04, access to roads, of the 17 Kerr County Subdivision Rules and Regulations, although 18 it requires 150-foot of frontage, it also states that 19 minimum lot frontage distances may be reviewed by the 20 Commissioners' Court and lesser distances may be 21 approved based on lot density, topography, and other 22 mitigating factors recommended by the County Subdivision 23 Administrator. Subdivisions within a high density 24 development area, and where the above minimum lot 25 frontage distances are not practical, will be considered 114 1 on a case by case basis. 2 After reviewing this and looking at the 3 Model Subdivision Regulations and noting that there are 4 two homes that are currently being served by Aqua Texas, 5 they have their own separate water meters, I think that 6 we're still going to need something in the file from the 7 water provider that would satisfy the Model Subdivision 8 Regulations. But other than that, it looks like the 9 density that they're proposing would be acceptable based 10 on water availability, which that's what our density 11 requirements are all about, water availability. 12 With that being said, the County Engineer 13 requests that the Court consider the concept plan for 14 the two acres on Nixon Lane. It's deed No. 15-6676. It 15 is Precinct 1. We're looking for direction if we can 16 move forward on this concept plan. And next step is 17 they will just come in with a final plat. 18 COMMISSIONER BELEW: Well, I move for 19 approval. 20 COMMISSIONER HARRIS: Second. 21 JUDGE KELLY: Motion's been made by 22 Commissioner Belew, seconded by Commissioner Harris to 23 approve the Concept Plan for two acres on Nixon Lane as 24 presented. Is there any other discussion? 25 COMMISSIONER LETZ: Has Environmental Health 115 1 looked at this at all? I was wondering, is there -- 2 MR. HASTINGS: Not yet. 3 COMMISSIONER LETZ: -- ample room to put in 4 the two new systems? 5 MR. HASTINGS: I think they're -- they're -- 6 I'm not environmental health, but they're both one acre 7 lots and they're both going to have 122 foot of frontage 8 and then -- and they're pretty deep. They -- I don't 9 think they're going to have a problem with that. But 10 they know that they've gotta jump through that hoop. So 11 if they can't satisfy environment health then it won't 12 come back before you. 13 COMMISSIONER LETZ: Okay. 14 JUDGE KELLY: All right. Any further 15 discussion? Those in favor raise your hand. Unanimous, 16 five zero. 17 Item 1.24, this is a public hearing. It's 18 for the revision of plat for Kerrville South-2, Tract 19 119. Is there anyone who would like to address the 20 Court at this public hearing? Okay. 21 So there being no one, let's proceed to 1.25 22 consider, discuss and take appropriate action for the 23 Court to approve a final plat for Center Point Christian 24 Church Addition in Center Point in Precinct 2. 25 MR. HASTINGS: This plat proposes two lots 116 1 on China Street, which is FM 1350 in Center Point, 2 within the high density development area of Center 3 Point. A concept plan for this subdivision was 4 conditionally approved by the Court on August the 10th, 5 2020 by order number 38221. The conditions have been 6 met. 7 Lot 1, 1.05 acres, will be restricted to 8 non-residential use only. And Lot 2, 1.18 acres, is 9 residential. Road frontage for both lots will be on 10 China Street. The condition that the Court set -- and 11 I'll read it to you from Order No. 38221. It reads: 12 Approve a concept plan for the Center Point Christian 13 Church Addition in Precinct 2, subject to the agreement 14 by the property owner that the common entrance and the 15 driveway to the back lot be 45 feet wide as opposed to 16 30 feet, so as to increase the access point on China 17 Street. They have satisfied that. 18 And I think before, when they originally 19 brought this to you as a concept plan, they were -- 20 there were no restrictions on either lot which means 21 they could have been used for residential, which would 22 invoke the Model Subdivision Regulations. They have 23 since placed their restriction on Lot 1 that it is for 24 non-residential use only. So you have one residential, 25 one non. It doesn't -- it is no longer subject to the 117 1 Model Subdivision Regulations. 2 COMMISSIONER MOSER: Move for approval of 3 the final plat. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: Okay. Motion's been made by 6 Commissioner Moser, seconded by Commissioner Belew to 7 approve the final plat. Mr. Turner. 8 MR. TURNER: Really, I don't guess I have 9 anything. Looks like we're going to go through. I just 10 mainly wanted to make sure everybody was on the same 11 page. We're not looking at putting in a development. 12 Years ago our church purchased this property. I hate to 13 say what we gave for it because Christians aren't 14 supposed to steal. But it still was -- it was a steal. 15 But on that -- on that there was a house. And churches 16 just should not be in the landlord business. It runs 17 counter to what you need to do. 18 So our plan was to just sell off that part. 19 It's just a shame that the part with the house is on the 20 back part. But this will allow us to get rid of the 21 money pit of that rent house and to maintain a clear 22 property behind our little church all the way to the 23 telephone building. And sorry we had to go through all 24 those hoops. I thought it was going to be easy. I 25 understand why. But we're in good shape. 118 1 COMMISSIONER MOSER: Thanks for going 2 through the hoops. 3 JUDGE KELLY: Okay. Any more discussion? 4 Okay. Those in favor raise your hand. Unanimous, five 5 zero. 6 Next item on the agenda is 1.26 consider, 7 discuss and take appropriate action regarding the 2021 8 Sheriff's and Constable's fees, to be effective 9 immediately. Note that each Constable and the Sheriff 10 have all reported that they are not recommending any 11 changes to fees, and if the Court doesn't take any 12 action, then the fees adopted in 2020 will remain in 13 effect through 2021. But the County Clerk, on behalf of 14 Kerr County, is still responsible for reporting the 15 information to the State Comptroller's Office. 16 Ms. Dowdy. 17 MS. DOWDY: Well, if there's no changes, I 18 don't see that the Court needs to take action. I just 19 wanted to put it on the agenda and present it. 20 JUDGE KELLY: Okay. Anybody want to do 21 anything? 22 SHERIFF HIERHOLZER: The only thing is the 23 Comptroller's Office does print out the list of what all 24 those fees are. And in the past we had found it just 25 cleaner if the Court just adopted the same fees each 119 1 year. That just made it cleaner for the list instead of 2 going back and trying to see was there a court order 3 that changed, was there not. Just made it easier for us 4 in the past. 5 JUDGE KELLY: Sure. I'll make a motion that 6 we just renew the same fee schedule for the Constables 7 and Sheriff that we had last year. 8 COMMISSIONER HARRIS: Second. 9 JUDGE KELLY: I made the motion and 10 Commissioner Harris seconded it. Any discussion? Those 11 in favor raise your hand. Unanimous, five zero. 12 Very controversial. 13 MS. DOWDY: Thank you. 14 JUDGE KELLY: Item 1.27 consider, discuss 15 and take appropriate action to approve moving the 16 generator currently located at the Kerr County Sheriff's 17 Office to the courthouse. Bruce Motheral. 18 MR. MOTHERAL: Good morning, gentlemen. I 19 think each of you should have a copy of what it's going 20 to cost to move the generator from the Sheriff's Office 21 over to the courthouse. And we're just asking for your 22 approval. 23 COMMISSIONER MOSER: And you mentioned the 24 other day that you didn't receive any other bids? 25 MR. MOTHERAL: I did. I did get one, and it 120 1 was double what the lowest one was. 2 COMMISSIONER MOSER: Move for approval. 3 COMMISSIONER HARRIS: Second. 4 COMMISSIONER MOSER: Well, thanks for 5 getting another bid. 6 COMMISSIONER HARRIS: Yeah. 7 JUDGE KELLY: Motion made by Commissioner 8 Moser, seconded by Commissioner Harris. By way of 9 discussion, I find it interesting that if you went to 10 get a competitive bid and talked with the bidding 11 contractor that was going to award the contract to, they 12 actually reduced their bid. So it was a win-win all the 13 way around. 14 COMMISSIONER MOSER: Very good. Good deal. 15 Sometimes it works to get second bids. 16 COMMISSIONER BELEW: Yeah. Well, hurry up 17 and vote. 18 COMMISSIONER MOSER: Even for less than 19 50,000. 20 JUDGE KELLY: Sheriff? 21 SHERIFF HIERHOLZER: It should be noted, I 22 think Shane did have a company come out and test that 23 generator since it had sat for almost three years now. 24 And all the tests showed that it was in good shape and 25 everything's still good. They changed, you know, all 121 1 the oil and all that on it. I have, I think, still 2 20,000 in the courthouse security improvement budget. 3 The remainder of the funds, and there's probably still 4 going to be other incidentals. I don't know where it's 5 coming from but I'd say 20,000 can come from mine. 6 JUDGE KELLY: We've already discussed it. 7 Thanks to the Sheriff's Office and the IT Department, 8 we're moving a backup generator to the courthouse. 9 COMMISSIONER LETZ: Where is it -- Shane 10 where is it going to be placed exactly? 11 JUDGE KELLY: Right over here. 12 MR. EVANS: It's going to be sitting kind of 13 where the County Auditor's parking place is. 14 COMMISSIONER MOSER: So you are getting a 15 new bicycle. 16 MRS. SHELTON: Oh, that's a long ways 17 from Fredericksburg. 18 SHERIFF HIERHOLZER: And actually that's 19 where the old one -- pretty close to where the old one 20 was when we did have a generator here. 21 COMMISSIONER BELEW: And this is to maintain 22 the courthouse in the event of power outages? 23 MR. EVANS: Yes, sir. 24 COMMISSIONER HARRIS: Yeah, it's big enough 25 to run everything, isn't it? 122 1 MR. MOTHERAL: Yes, sir. 2 COMMISSIONER HARRIS: Good. 3 COMMISSIONER MOSER: Good deal. 4 JUDGE KELLY: And we're wired for it. This 5 is a win-win all the way around. Okay. Any other 6 discussion? Those in favor raise your hand. Unanimous, 7 five zero. 8 Item 1.28 consider, discuss and take 9 appropriate action to determine the date to discontinue 10 recycling program. 11 MR. EVANS: Good morning again. I have some 12 more paperwork and pictures if you want. 13 COMMISSIONER HARRIS: Got more pictures. 14 (Handing out photos.) 15 MR. EVANS: The first set of pictures was 16 from this morning. 17 COMMISSIONER HARRIS: Oh really. Well, we 18 have discussed this a couple different times and that -- 19 first of all, we didn't know that -- we couldn't say 20 that it was for sure -- tell people for sure that 21 everything is getting recycled. I'm sure a lot of it 22 was but then I know that other times it wasn't. And so 23 we -- we said we would quit it but now we just need to 24 kind of -- we never did really set a date. And so I'm 25 suggesting that we end it at the end of this month. 123 1 That way, it goes through the whole cycle and we start 2 off the fiscal year without it. 3 Now, Reagan, do you have anything to add as 4 far as the trailer? I think we've -- we've satisfied 5 everything as far as that second trailer that we needed 6 to, isn't that right? 7 MR. GIVENS: Yes, sir, we have. But we have 8 not officially been released from the grant. So I think 9 at this point we don't -- I don't think we have to 10 continue the program, but we can't do anything with the 11 trailer per se. But reporting is complete. 12 COMMISSIONER BELEW: And the -- if I recall 13 correctly, the trailers were for this use specifically, 14 so we wouldn't be violating the terms of the agreement 15 by not using it, we'd be violating the terms of the 16 agreement if we used it for another purpose. 17 COMMISSIONER HARRIS: And one of them is 18 free and clear already. But the other -- the second one 19 is through August -- sometime in August was the end of 20 the grant period. 21 MR. GIVENS: Yes, sir. I have asked when 22 that's going to be done, but I just haven't gotten a 23 response yet. 24 COMMISSIONER HARRIS: There was a change in 25 personnel or something, I think. 124 1 MR. GIVENS: Yeah. 2 COMMISSIONER HARRIS: Trying to get the 3 correct answer, so -- 4 COMMISSIONER LETZ: One of the things 5 that -- and the public can't see the pictures. He can 6 show -- 7 COMMISSIONER BELEW: Hold them up. 8 COMMISSIONER LETZ: -- show the pictures. 9 Because this has been one of my concerns with this 10 program all along. The recycling part of it's great but 11 a lot of people use it just as a garbage service, I 12 think. Or some people use it as a garbage service. 13 And I think if we're looking at the number 14 of cartons that are there, that didn't come from a 15 household. There's a stack probably three, four feet 16 tall, looks like, that blew all over the Hays Street 17 area, and that's not the intent of this. The recycling 18 part of it is good but we're not trying to subsidize 19 trash pickup. And that's what people are doing a lot. 20 COMMISSIONER MOSER: You know, there's -- 21 there's a lot of people that like to recycle. So going 22 back to the budget now, just taking Shane's numbers here 23 today and extrapolate them, that's like $20,000.00 a 24 year just taking in all of this. You before had 25 estimated about 30,000. So $30,000.00 that the County 125 1 is paying to recycle, and assuming it's all 100 percent 2 recycled, it's still $30,000.00. The City eliminated 3 their portion of it where we're putting $60,000 worth of 4 dumpsters. So they -- you know, if you put things in 5 perspective, that's almost a hundred thousand dollars a 6 year that the City and County were paying together for 7 recycle, paying for that, so -- 8 JUDGE KELLY: And that's without any 9 guarantee that it was actually being recycled. 10 COMMISSIONER MOSER: That's correct. 11 COMMISSIONER HARRIS: That's the kicker 12 right there. 13 COMMISSIONER MOSER: Well, that' s-- I just 14 said, assume it was all recycled. Just -- I'll go to 15 the extreme. Assume it was perfectly recycled. Still, 16 ballpark of a hundred thousand dollars a year taxpayers 17 were paying for recycling. 18 COMMISSIONER LETZ: And once we get word 19 back on the grants and the trailers, we could surplus 20 the trailers and sell them and maybe we'd get some 21 benefit out of them. 22 COMMISSIONER MOSER: Figure out how to put 23 manure in them and haul them off. 24 COMMISSIONER LETZ: Could work. Did you say 25 the motion, Commissioner? 126 1 COMMISSIONER HARRIS: I was probably dancing 2 around it but I will make a motion to continue recycling 3 through the end of this month and then discontinue it. 4 COMMISSIONER LETZ: Second. 5 JUDGE KELLY: Motion's been made by 6 Commissioner Harris, seconded by Commissioner Letz to 7 discontinue the recycling at the end of this month. Any 8 more discussion? Those in favor raise your hand. 9 Unanimous, five zero. 10 Item 1.29 consider, discuss and take 11 appropriate action to set date for workshop to discuss 12 subdivision rules and regulations. 13 COMMISSIONER LETZ: Yes. I put this on the 14 agenda. We talked about it briefly at our last meeting. 15 We really need to get moving on this for a number of 16 reasons. Jody sent out some potential dates. The dates 17 she had was -- these are all in September. September 18 21st in the afternoon, 22nd in the afternoon, 23rd in 19 the afternoon, and all day on the 24th. 29th in the 20 afternoon and I think all day on the 30th. Out of 21 those, the 24th is out for me. The 29th and 30th are 22 not as good. I would prefer to do it -- 23 COMMISSIONER MOSER: Well, what is -- what's 24 Jody's tally? Because I think we all responded to her. 25 MRS. GRINSTEAD: No. You're the only one 127 1 that responded. 2 COMMISSIONER MOSER: Oh. The boss asked but 3 I was the only one that responded. 4 MRS. GRINSTEAD: But I really was just 5 putting them out there so you could look at the 6 calendars and talk about it today, but you're the only 7 one that responded. 8 COMMISSIONER LETZ: Well, what are the dates 9 you've narrowed it down to that work for you? 10 JUDGE KELLY: The 24th is out. 11 COMMISSIONER LETZ: The 21st, 22nd, 23rd in 12 the afternoon. 13 COMMISSIONER MOSER: Jody, when did I say I 14 could do it? 15 MRS. GRINSTEAD: I didn't print out the 16 e-mail. I'm sorry. 17 COMMISSIONER MOSER: Oh, gosh. 18 MRS. GRINSTEAD: Here, I'll go look. 19 JUDGE KELLY: Tuesday or Wednesday in the 20 afternoons ought to be good for everybody. 21 COMMISSIONER LETZ: Well, my daily 22 afternoons -- you know, I know the Judge -- 23 JUDGE KELLY: Right. 24 COMMISSIONER LETZ: It would take me a 25 little bit -- it would have to be after -- it would be 128 1 at two o'clock on that day. 2 JUDGE KELLY: We can work around that. I 3 mean -- 4 COMMISSIONER LETZ: Or 29 or 30. They work. 5 MR. HASTINGS: I cannot make the 29th and 6 the 30th. 7 COMMISSIONER LETZ: Okay. Those dates are 8 out. 9 JUDGE KELLY: Let's go back to -- next week. 10 Monday, Tuesday or Wednesday. 11 COMMISSIONER MOSER: Yeah. Wednesday for 12 me. 13 COMMISSIONER LETZ: Wednesday is fine. 14 JUDGE KELLY: Okay. Jody, we decided on 15 Wednesday. 16 COMMISSIONER MOSER: Wait, wait, wait, wait, 17 wait, wait. Stand by. 18 COMMISSIONER BELEW: Does it have to be in 19 the afternoon? 20 COMMISSIONER MOSER: Yeah, it has to be in 21 the afternoon for me because I got two things I 22 wanted -- Wednesday afternoon is okay. 23 COMMISSIONER LETZ: One o'clock? Two 24 o'clock? 25 JUDGE KELLY: Whatever you want to do. 129 1 COMMISSIONER LETZ: One o'clock? 2 COMMISSIONER BELEW: I'd rather do it one 3 o'clock. 4 JUDGE KELLY: One o'clock. We'll set a 5 workshop on subdivision rules and regulations for next 6 Wednesday, the 23rd at one p.m. 7 COMMISSIONER LETZ: And depending how that 8 one goes, we would set a second, I think we'll probably 9 need a second one, and then we'll -- 10 COMMISSIONER BELEW: Well, then should -- 11 since that's the last of the three days available to 12 everybody, should we do it then on Tuesday so that we 13 can come back on Wednesday? 14 COMMISSIONER MOSER: Well -- 15 COMMISSIONER LETZ: No, I wouldn't go back 16 to back. I think we probably -- well, we could. 17 COMMISSIONER BELEW: Well, I don't know why 18 not. It would be fresher in your mind. 19 JUDGE KELLY: Okay. 20 COMMISSIONER BELEW: I prefer to do it two 21 days in a row. I mean, unless you can't come. 22 COMMISSIONER MOSER: I've got a conflict on 23 Tuesday. 24 COMMISSIONER LETZ: How about Monday and 25 Wednesday? 130 1 COMMISSIONER BELEW: The closer together 2 they are, the more likely we'll all remember everything 3 and -- 4 COMMISSIONER HARRIS: We gotta be here 5 Monday anyway. 6 COMMISSIONER MOSER: Monday is okay with me. 7 COMMISSIONER BELEW: Is that okay for the 8 Judge? 9 MRS. GRINSTEAD: We wouldn't be able to set 10 it at 1:00 just in case of any juvenile detentions that 11 may be -- 12 COMMISSIONER LETZ: Do it at 2. One at 2, 13 and the 23rd at 1. 14 JUDGE KELLY: Okay. Tuesday at 2, the 22nd. 15 And Wednesday -- 16 COMMISSIONER LETZ: No, not -- 17 COMMISSIONER BELEW: Monday, the 21st. 18 JUDGE KELLY: Okay. Monday at 2, and 19 Wednesday at 1. Okay. 20 COMMISSIONER LETZ: And I'll get with 21 Charlie and we'll divide it up. What would the Court 22 like in advance? The full set of the proposed rules 23 or -- 24 COMMISSIONER BELEW: Well, we have -- we 25 have the changes, the draft, with all of the highlighted 131 1 in red and all that. 2 MR. HASTINGS: We do have those. And I 3 thought that it was probably going to be the best thing 4 for you is a checklist. We've been putting a checklist 5 together ever since those rules. We gave them to y'all 6 in red. And the checklist is in -- there's two 7 checklists. There's one that's the actual word down, 8 and that's really long, but the other one is short. I 9 shortened it to each -- each rule is one sentence, you 10 know, in layman's terms. 11 JUDGE KELLY: Yeah. That's what I want. 12 COMMISSIONER BELEW: That's the one for me. 13 JUDGE KELLY: Okay. We'll take no action on 14 that. 15 Let's move on to the Approval Agenda. 2.1 16 pay the bills. 17 MRS. SHELTON: Invoices for today's 18 consideration for Kerr County, $240,222.44. The 19 airport, $6,739.57. For the Fiscal Year 2021 for Adult 20 Probation, $4,767.95. For Adult Probation for the 21 Fiscal Year 1920, $975.38. For Juvenile Probation for 22 the Fiscal Year 1920, $4,560.00. District Clerk fee, 23 $2,856.33. County Clerk fee, $84.00. And 198th 24 DA Forfeiture Fund, $129.91. 25 COMMISSIONER MOSER: Move that we pay the 132 1 bills as presented by the Auditor. 2 COMMISSIONER BELEW: Second. 3 JUDGE KELLY: Motion's been made by 4 Commission Moser, seconded by Commissioner Belew to pay 5 the bills as presented. Any discussion? Those in favor 6 raise your hand. Unanimous, five zero. 7 2.2 budget amendments? 8 MR. ROBLES: Yes. We have four today. One 9 for the County Clerk, 216th District Court, the Sheriff, 10 and Road & Bridge. These are all line item transfers in 11 their department. 12 COMMISSIONER HARRIS: I'll move for 13 approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Motion's been made by 16 Commissioner Harris, seconded by Commissioner Belew to 17 approve the budget amendments as presented. Any 18 discussion? Those in favor raise your hand. Unanimous. 19 2.3 late bills. 20 MRS. SHELTON: There are not any. 21 JUDGE KELLY: 2.4 Auditor reports. 22 MRS. SHELTON: There are not any. 23 JUDGE KELLY: Thank you. 24 2.5 monthly reports. 25 COMMISSIONER HARRIS: Yes. July 2020 133 1 standard monthly report from Constable Precinct 3, Ken 2 Wilke. August 2020 standard monthly report from 3 Constable Precinct 1, Tommy Rodriguez, Constable 4 Precinct 2, Kyle Schneider, Constable Precinct 4, Gene 5 Huffaker. Indigent Service report, HR Director Jennifer 6 Doss. Fines, judgment and jury fees collected, J.P. 1, 7 Mitzy French, J.P. 2, J. R. Hoyne, J.P. 3, Kathy 8 Mitchell, District Clerk, Dawn Lantz, and payroll 9 approval report month ending August 2020, County 10 Treasurer, Tracy Soldan. I move for approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Harris, seconded by Commissioner Letz to 14 approve the monthly reports as presented. Any 15 discussion? Those in favor raise your hand. Unanimous, 16 five zero. 17 Court Orders. 18 COMMISSIONER LETZ: Yes. We have the court 19 orders from our special session on the 8th of September. 20 Court Orders 38288 through 38303. Move for approval. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Letz, seconded by Commissioner Harris to 24 approve the court orders as presented. Discussion? 25 Those in favor raise your hand. Unanimous, five zero. 134 1 Information agenda. 3.1 status reports from 2 Department Heads. Do we have any? 3 3.2 status reports from Elected Officials. 4 3.3 status reports from Liaison 5 Commissioners. 6 COMMISSIONER MOSER: One thing. Economic 7 development, I think has been in the public that Mooney 8 International has new management and that they've got 9 big plans and it's -- an article is written and in the 10 publication nationally, what they're doing, and that's 11 all real good. 12 Killdeer Mountain Manufacturing, things are 13 progressing on that. All the deals have not been signed 14 with the State on the funding for that and the grants 15 that they will receive, or the funds that they'll 16 receive, but it -- it's moving ahead in a positive way. 17 And there's a not for public information, 18 there's other interest in the airport for even another 19 business so -- to be discussed later. But all things 20 look good out there economically. 21 COMMISSIONER LETZ: I believe Killdeer will 22 have their request to the County on our 29th agenda. 23 Over there trying to get things lined up before they 24 come. 25 And other than -- the only other report that 135 1 I have is the Animal Services committee will meet this 2 Friday at 1:00 after a long absence. That will be going 3 on. And a lot of events this weekend at the Hill 4 Country Youth Event Center. Quite a bit going on. And 5 all went well. 6 JUDGE KELLY: Good. 7 COMMISSIONER HARRIS: I made a call to 8 Michael Haynes with the Extension last week, and just 9 trying to get an update as to where they're at as far as 10 their hiring freeze, and he said cross your fingers, I'm 11 hoping for maybe a glimmer of light in November. I 12 don't know if that's because of elections then or what. 13 That's the way I took it but -- 14 COMMISSIONER MOSER: That's a hiring freeze 15 for who? 16 COMMISSIONER HARRIS: County Extension 17 Agent. We're still -- we haven't replaced Roy as of 18 yet. 19 Another thing that is -- Maintenance -- 20 Shane and I have been talking about is maybe getting to 21 some painting here in the building and what have you. 22 And thought it might be a good idea to maybe just get 23 two or three basic colors to choose from so that 24 everybody doesn't choose different stuff. 25 JUDGE KELLY: What's it for? 136 1 COMMISSIONER HARRIS: Painting. I mean, 2 some of these places -- some of these areas haven't been 3 painted in some time. 4 COMMISSIONER MOSER: Are you talking about 5 changing colors? 6 COMMISSIONER HARRIS: Well -- or just 7 neutral colors or something. That's a thought that some 8 might want -- keep it pretty basic. 9 COMMISSIONER LETZ: Keep it pretty basic. 10 COMMISSIONER MOSER: Why don't you do what 11 you have and just paint over it then there's no -- 12 COMMISSIONER HARRIS: That would be fine 13 with me. 14 JUDGE KELLY: No paints purple but 15 turquoise, right? 16 COMMISSIONER HARRIS: Well, that's kind of 17 what we were thinking. 18 COMMISSIONER MOSER: And no -- no maroon. 19 COMMISSIONER LETZ: But most of the 20 courthouse hasn't been -- well, the courthouse has not 21 been repainted since we renovated it. 22 COMMISSIONER MOSER: Right. If we gotta 23 repaint, repaint the color you have. I mean it's not 24 controversial. 25 COMMISSIONER BELEW: As a guy who's going 137 1 through this at home, I need one choice. Not more than 2 one choice. You repaint the color you have. That's 3 all. 4 JUDGE KELLY: I guess what I would add by 5 way of status reports. I want to acknowledge the 6 passing of Spencer Brown, our former County Court at Law 7 Judge. We haven't had a chance to acknowledge it in 8 open court. He was quite a legend. For those people 9 who didn't know Spencer or his family, and I'll tell 10 you, his mother was a legend. I still remember the 11 stories about Libby Brown. 12 COMMISSIONER BELEW: That's the acorn not 13 falling far from the tree. 14 JUDGE KELLY: Absolutely. And had a good 15 visitation service over at Grimes last Friday that was 16 very well attended. But a real loss for Kerr County. 17 Also wanted to report that the CIP, the 18 Capital Improvement Planning Committee, meets this 19 Wednesday. And they're actively looking at Animal 20 Control, and the West Kerr County Annex, which are the 21 hot issues that they're working on right now. 22 Commissioner Harris and I met last week with 23 the landlord at the building that we have rented for the 24 West Kerr County Annex, and they're proposing a 25 modification of the lease for -- to make it a triple net 138 1 lease where we pay all the maintenance and upkeep, 2 insurance, taxes. And we to have pay taxes if we rent 3 it, we have to pay our own taxes. 4 And on the basis of what they paid this past 5 year, they estimated it would be, I think, a little over 6 $300 a month increase. 7 COMMISSIONER HARRIS: We're paying $1500 a 8 month now and it would have bumped it up to about 1800 a 9 month. 10 JUDGE KELLY: A little over it. Just offer 11 that by way of information, that's what we're working 12 on. And still looking at a possible location to be able 13 to build Kerr County Courthouse Annex in Ingram. 14 COMMISSIONER HARRIS: And I might add that 15 they did throw out some possibilities of their property 16 there. 17 JUDGE KELLY: But that lease expires at the 18 end of this month so we're running out of options. 19 COMMISSIONER BELEW: Well, the timing on 20 that is pretty good. 21 JUDGE KELLY: But that's all I have to 22 report. I don't believe we have anything for Executive 23 Session, do we? 24 MRS. STEBBINS: No, sir. 25 JUDGE KELLY: Okay. So there being no other 139 1 business before the Court, we are adjourned. 2 * * * * * * 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 140 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 25th 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