1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, November 9, 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: HARLEY BELEW, Commissioner Precinct 1 TOM MOSER, Commissioner Precinct 2 24 JONATHAN LETZ, Commissioner Precinct 3 DON HARRIS, Commissioner Precinct 4 25 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioners' Comments. 5 4 1.1 Consider, discuss and take appropriate 9 action regarding the 2021 Kerr County 5 Resolution in support of the grant application for the Indigent Defense Formula 6 Grant Program offered by the Texas Indigent Defense Commission (TIDC), and authorize 7 County Judge to sign said Resolution. 8 1.2 Consider, discuss and take appropriate 12 action to review, clarify or modify COVID-19 9 employee sick leave hourly allotment for previous court order. 10 1.3 Consider, discuss, and take appropriate 39 11 action regarding regularly scheduled Special Commissioners' Court meetings. 12 1.4 Consider, discuss, and take appropriate 45 13 action on Implementation of the Burn Ban. 14 1.5 Consider, discuss and take appropriate 46 action to approve the disposition of a 15 Colt .45 Gold Cup Semi-Automatic pistol. 16 1.6 Consider, discuss, and take appropriate 52 action to approve the ERAD, Electronic 17 Recovery and Access to Data, Services Agreement with "EGI" ERAD Group, Inc. 18 1.7 Consider, discuss and take appropriate 57 19 action to approve Incode Public Safety Records Management Services with Tyler 20 Technologies. 21 1.8 Receive engineering report from the 65 Developer's Engineer for the Meadowbrook 22 Retirement Community Manufactured Housing Rental Community Development Plan, Phase 1, 23 located at State Highway 27 and Hoot Owl Hollow. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss, and take appropriate 95 action for the Court to approve an Amending 4 Plat of Falling Water Lots 108 and 109, Volume 7, Pages 75-76. 5 1.10 Consider, discuss, and take appropriate 96 6 action for the Court to set a public hearing for 10 a.m. on December 14, 2020 for a 7 revision of plat for Verde Park Estates Section 3, Lot 2, Volume 6, Page 93. 8 1.11 Public hearing for revision of plat for Elm 98 9 Pass Ranch No. 2, Tract 36A, Volume 6, Page 248. 10 1.12 Consider, discuss and take appropriate 98 11 action for the Court to accept Crooked Creek Path, 0.69 miles long, for County 12 maintenance out of the Crooked Creek Estates Subdivision, File No. 18-07961. 13 1.13 Consider, discuss and take appropriate 100 14 action to set a Public Hearing regarding the installation of "No Parking" sign on 15 the far northwest portion of Ace Ranch Rd. E. 16 1.14 Consider, discuss and take appropriate 102 action for the Commissioners' Court approval 17 regarding General Contract, Small Project with Secor Fence and Building Company for a 18 commercial grade chain link double gate. 19 1.15 Consider, discuss and take appropriate 105 action to go out for annual bids for road 20 base, cold mix, aggregate, emulsion oil, and corrugated metal pipe. 21 1.16 Consider, discuss and take appropriate 107 22 action on Kerr County Courthouse COVID-19 status update. 23 2.1 Pay Bills. 116 24 2.2 Budget Amendments. 117 25 4 1 I-N-D-E-X 2 NO. PAGE 3 2.5 Accept Monthly Reports. 117 4 2.6 Court Orders. 118 5 4.2(b) Consider, discuss and take appropriate 120 action regarding COVID situation with 6 county personnel. 7 *** Adjournment. 120 8 *** Reporter's Certificate. 121 9 * * * * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 COMMISSIONER LETZ: It's Monday, November 2 9th and we're at a Regular Commissioners' Court meeting. 3 Let everyone know that Judge Kelly has another 4 commitment, which is actually in our office -- in his 5 office right now, but if we do need something he can 6 break away for a few minutes. 7 Commissioner Harris, you have the prayer and 8 pledge. 9 (Prayer and Pledge of Allegiance.) 10 COMMISSIONER LETZ: I think everyone will 11 notice that we have a little bit different setup today, 12 and that is due to we have some cases of exposure of 13 COVID in the courthouse, and as a result of that we are 14 distancing and limiting access to the courtroom more 15 than we have in the past weeks and months. 16 There is a life broadcast that's upstairs, in which 17 courtroom, Sheriff? 18 SHERIFF HIERHOLZER: One. One, the main 19 courtroom. 20 COMMISSIONER LETZ: In the courtroom 21 upstairs, there is a monitor up there so if anyone came 22 and wants to watch the meeting, it is available up 23 there. And we'll be allowing people to come in one by 24 one based on agenda items and speakers and things of 25 that nature. 6 1 Public input, the Judge usually uses his 2 phone, but I think he would let us know if -- go ahead 3 and call his number -- 4 COMMISSIONER MOSER: 792-6161. 5 COMMISSIONER LETZ: -- 792-6161 if you have 6 any public comment. And if you call a little bit late 7 we will take that public comment at that time, because 8 we're a little bit different setup this morning. 9 COMMISSIONER MOSER: Jonathan, make sure 10 that Debby can hear everybody because she's doing court 11 reporting -- can you hear us, Debby? Well, we can't 12 hear her. Well, since she's doing the court reporting 13 she's going to have to make sure that she can hear us. 14 I think we're going to see if she's on the screen over 15 here. 16 COMMISSIONER BELEW: She's doing it with 17 YouTube. 18 COMMISSIONER LETZ: She's doing it on 19 YouTube. Bruce, can you make sure that the way the 20 microphones are set up that we have adequate things 21 here? 22 MR. MOTHERAL: Yes. 23 COMMISSIONER MOSER: Yeah, make sure she can 24 hear. 25 COMMISSIONER LETZ: If she's on YouTube 7 1 she'll be able to hear it just like everybody else. 2 COMMISSIONER BELEW: Test, test, test. 3 COMMISSIONER LETZ: Test, test, test. 4 COMMISSIONER HARRIS: I would think that 5 microphone location will pick up, the way we're spread 6 out, pretty good. 7 SHERIFF HIERHOLZER: He can tell real quick 8 if it's Facetime, and he said it is. 9 COMMISSIONER LETZ: Okay, good. All right, 10 Commissioners comments. Commissioner 1. 11 COMMISSIONER BELEW: I don't have a lot to 12 say. A little bit of rain this morning. 13 COMMISSIONER MOSER: You didn't get any 14 rain. 15 COMMISSIONER BELEW: We did. 16 COMMISSIONER MOSER: Oh, come on. 17 COMMISSIONER BELEW: A tiny bit of moisture. 18 COMMISSIONER LETZ: Commissioner 2. 19 COMMISSIONER MOSER: Yeah, during the 20 election the alcohol beverage sale in Precinct 2 passed, 21 which is good news. Fantastic news as a matter of fact. 22 And the important thing is it goes into effect -- people 23 can start selling alcoholic beverages as soon as it's 24 canvassed by the Court. Correct, County Attorney? 25 MRS. STEBBINS: Right. 8 1 COMMISSIONER MOSER: So as soon as it's 2 canvassed by the Court -- do we have a date for that? 3 COMMISSIONER LETZ: Next Monday, I would 4 think. 5 COMMISSIONER MOSER: I would think so. So 6 anyway, status there if they have their liquor license 7 they can start selling alcoholic beverages in Precinct 2 8 at that time. 9 The other thing is, I think it's important 10 to remember that when the burn ban is on, and the 11 Sheriff is here, it's a fine of what $500.00? 12 SHERIFF HIERHOLZER: I won't get into the 13 amount, but it is a fine I think up to $500.00. 14 COMMISSIONER MOSER: Up to $500.00 fine for 15 people that violate the burn ban. And we've had several 16 fires in Precinct 2 recently even though the burn ban 17 was on, so -- and you're liable, and you know the 18 Sheriff can cite you if in fact you're burning during 19 the burn ban. So just make sure everybody is aware of 20 that. That's all. 21 SHERIFF HIERHOLZER: And really to be as bad 22 as it is lately with the fire dangers that we're having 23 is not just Precinct 2. We have them in Precinct 4. We 24 had a number of fires everywhere. We're pretty well 25 going to have a no zero tolerance on that and start 9 1 writing citations on those violations instead of 2 warnings because it's out there and we're just way to 3 dry, it's getting way too dangerous. 4 COMMISSIONER MOSER: Okay, thank you. 5 That's all I have. 6 COMMISSIONER LETZ: I don't have anything. 7 Commissioner. 8 COMMISSIONER HARRIS: Ingram volleyball 9 girls still number 1 in the state, 29 and 0. I think 10 their next game is with Goliad, which is another tough 11 team. Of course they're getting down to where they're 12 all tough teams, but the girls are rolling and that's 13 kind of exciting. We don't get that all the time, so -- 14 COMMISSIONER LETZ: Okay. Good news. 15 MRS. STEBBINS: Commissioner Letz, there was 16 no one who called in for public comment. 17 COMMISSIONER LETZ: Okay, thank you. 18 MRS. STEBBINS: You're welcome. 19 COMMISSIONER LETZ: We'll go to the 20 Consideration Agenda, item 1.1 consider, discuss and 21 take appropriate action regarding the 2021 Kerr County 22 Resolution in support of the grant application for the 23 Indigent Defense Formula Grant Program offered by the 24 Texas Indigent Defense Commission and authorize County 25 Judge to sign said Resolution. Callie. 10 1 MRS. GRAFF: Hi there. Good morning. 2 COMMISSIONER HARRIS: Speak up. 3 MRS. GRAFF: Yeah, absolutely. So this is 4 for the Texas Indigent Defense Commission. This is the 5 Formula Grant for indigent defense programs. We're 6 looking to get about 57 to 60 thousand dollars in that 7 range, but we won't know until we actually get the grant 8 award. And we apply for this grant about every year, 9 so -- 10 COMMISSIONER MOSER: How does this work with 11 the PDO, the Public Defender's Office grant? 12 MRS. GRAFF: It's a different grant that is 13 specifically to -- it's along -- that grant is more of 14 an improvement grant, it a multi-year grant. This grant 15 is a single-year grant, it goes from year to year, and 16 this is a smaller grant. 17 COMMISSIONER MOSER: But -- but it's for the 18 same purpose, it's for providing defense attorneys to 19 indigent's? 20 MRS. GRAFF: Yes. 21 MR. ROBLES: We're switching programs this 22 year so we're going to have two different reports. 23 We're going to have a single year, and as we get the PDO 24 office set up, then we'll get money for that 25 reimbursement. 11 1 COMMISSIONER MOSER: So do you take this 2 money -- how does that money -- 3 MRS. STEBBINS: They're for attorneys who 4 are appointed to represent indigent Defendants, so 5 they'll still need to use that grant to cover those 6 costs during this transition period. 7 COMMISSIONER BELEW: This sounds like -- 8 COMMISSIONER MOSER: So during the 9 transition. 10 MRS. STEBBINS: And there will be some costs 11 after this public defender's office is here for people 12 who have conflict, co-defendant. 13 COMMISSIONER MOSER: One more question. 14 What's our downside? 15 MR. ROBLES: There is none. We've done this 16 for about 15 years. It's just a formula grant. So they 17 give us a percentage of all indigent cases that we have. 18 COMMISSIONER MOSER: Okay. Thanks. 19 COMMISSIONER BELEW: So for 15 years every 20 year we have some kind of interim grant? 21 MR. ROBLES: No. We've always been doing it 22 under appointed services. We haven't had a PDO office 23 before. So we'll spend about three quarters of a 24 million on appointed cases and depending on how much 25 their budget is they allot us ten percent refund. 12 1 Better than nothing. 2 COMMISSIONER LETZ: So we'll tend to have -- 3 will we be able to continue to apply for this grant in 4 the future, even with the regional Public Defender's 5 Office? 6 MRS. GRAFF: Yes. 7 COMMISSIONER LETZ: Because we will continue 8 to have outside need for out -- for indigent defense. 9 MR. ROBLES: Yes. 10 COMMISSIONER BELEW: Yeah, it's not going to 11 go down, right? 12 COMMISSIONER LETZ: Right. 13 COMMISSIONER HARRIS: I move for approval. 14 COMMISSIONER MOSER: Second. 15 COMMISSIONER LETZ: Motion from Commissioner 16 Harris, second from Commissioner Moser to approve Kerr 17 County Resolution in support of the grant application 18 for the Indigent Defense Formula Grant. Any further 19 discussion? All in favor say aye or raise your hand. 20 Unanimous, four zero. 21 Item 1.2 is consider, discuss take 22 appropriate action to review, clarify or modify COVID 23 employee sick leave hourly allotment for previous court 24 order. 25 I probably wrote this agenda item instead of 13 1 actually Jennifer. And it's really not previous court 2 orders. Previous Federal Rules that we agreed to comply 3 with. 4 I put it on the agenda along with Jennifer 5 because as we all know there's been a little bit of 6 outbreak of COVID in the courthouse, and one of the 7 reasons I think that we have it is we have employees 8 come to work when there think they have allergies or 9 something, you know. They have a minor ailment that 10 turns out to be COVID, and the reason is these people -- 11 these employees don't want to necessarily use their sick 12 time up for a minor headache or something along that 13 line, a lot of different things. 14 So I wanted to put it on the agenda so we 15 could get some guidance to HR as to how we move forward 16 and to make sure that our employees are staying home 17 when they're sick, and also that they're not using their 18 sick leave because of the current COVID situation. 19 MRS. DOSS: Right. Currently we have -- as 20 of the end of last pay period we have about six 21 employees who have already gone over the 80. Some of 22 them you could say substantially. I know Kendall 23 County -- I've talked with their HR Director, and they 24 have given another 80 hours on the County with the same 25 situation. So it would be my recommendation to give an 14 1 additional 80 -- 2 COMMISSIONER MOSER: Wait. Say it all 3 again, Jennifer, I'm not following you. 4 MRS. DOSS: You know on top -- 5 COMMISSIONER MOSER: What is the 6 recommendation? 7 MRS. DOSS: My recommendation is that the 8 County authorize another 80 hours of COVID sick time. 9 COMMISSIONER BELEW: Pay a month of sick 10 time? 11 MRS. DOSS: For those who need it. 12 COMMISSIONER MOSER: And need is defined by 13 this six point criteria here? 14 MRS. DOSS: Correct. If you feel any 15 symptoms whatsoever. Like Commissioner Letz said that 16 we've had people that just think it's allergies and they 17 come to work. So any symptoms at all, this will help 18 people stay home. 19 COMMISSIONER MOSER: So they self diagnose 20 if they've got symptoms. Is that true? 21 MRS. DOSS: If they have a symptom then they 22 need to contact a physician, yes. 23 COMMISSIONER MOSER: But it says in number 24 three if they're experiencing symptoms. Number 2 says 25 they have to have healthcare provider say they've got 15 1 it. 2 MRS. DOSS: Right. If you fall in under any 3 of these criteria -- 4 COMMISSIONER MOSER: So if they say that in 5 itself, they think they've got symptoms, and that's 6 sufficient. 7 MRS. DOSS: If you feel you have symptoms 8 then you need to contact your physician. You don't want 9 anybody coming to work with symptoms. 10 COMMISSIONER MOSER: I understand that. But 11 this says, if they determine themself on number 3 that 12 that's sufficient, they don't have to see a health 13 provider. 14 MRS. DOSS: Well, I think it would be 15 responsible to see a health provider. 16 COMMISSIONER MOSER: I'm bringing out the 17 lawyer, okay? 18 MRS. DOSS: That's what it says. 19 COMMISSIONER MOSER: That's what it says. 20 So they don't have to see a health provider. They just 21 have to say I think I've got symptoms, and they're given 22 sick leave? 23 MRS. DOSS: Correct. 24 COMMISSIONER MOSER: Okay. I'm just trying 25 to -- and this is mandated by the Federal Government? 16 1 MRS. DOSS: Yes, Sir. 2 COMMISSIONER LETZ: Part of it is. 3 COMMISSIONER MOSER: Well, what part is -- 4 COMMISSIONER BELEW: She's asking for more, 5 and that's not mandated. 80 hours is not mandated. It 6 is suggested, and you know there are a lot of places 7 where you come in and they take your temperature, that's 8 it. That's a real simple way to do it, and that would 9 probably fix the issue. 10 COMMISSIONER LETZ: But it doesn't -- 11 temperature is not -- does not mean anything. 12 COMMISSIONER BELEW: It is an indicator. 13 COMMISSIONER LETZ: It is supposed to be an 14 indicator. I can tell you from personal experience, I 15 never had a temperature. 16 MRS. DOSS: People have been tested positive 17 and don't run a temperature. 18 COMMISSIONER BELEW: Well, some people are 19 entirely asymptomatic. But that is one of things that's 20 used in many places. They just take your temperature 21 when you come in, if you don't have a temperature you 22 can go in. 23 SHERIFF HIERHOLZER: If I can speak. 24 Because we're dealing with it, we've dealt with it out 25 there. The two different issues that Jennifer has that 17 1 my employees have brought up, is number one if I feel 2 symptoms today, okay. What we're telling them depending 3 on what those symptoms are that you need to go get 4 tested. They go get tested and it's negative, so then 5 they come back to work, okay. 6 In that interim time from the time they 7 first, you know, got the symptoms to the time they got 8 tested, and it was negative. Can they count that as 9 COVID, or does it go back to regular sick leave? 10 COMMISSIONER LETZ: COVID. 11 SHERIFF HIERHOLZER: And that's what I'm 12 saying, COVID. So I think on Commissioner Moser's deal, 13 if they have those symptoms they oughta be told that 14 they need to go get tested too, for it to count. If 15 they just say I feel sick for this week, I'm not going 16 to go in and you're going to pay me COVID, I'm not 17 necessarily in agreement with that, you know, okay? 18 COMMISSIONER MOSER: I'm just reading what 19 it says. 20 SHERIFF HIERHOLZER: I'm just saying that -- 21 now the other issue is, and I think the extra 80 hours 22 is good. What happens normally they've already been out 23 a few days before they get tested, and when they get 24 tested then the hospital or whoever's testing them says 25 they have to quarantine for a minimum of ten days from 18 1 that day they got the results, okay? From the day -- or 2 from the day they were tested, or if they still have a 3 few symptoms, 14 days. So you are talking 14 days, you 4 know, 80 hours is only ten really. 14 days from the 5 time they get the results, so they could easily be out 6 three weeks up to the month, Commissioner, you know, 7 with it, and -- 8 COMMISSIONER BELEW: Well, and concerned 9 about your children and your spouse, too, so those two 10 things are in number five here. So that actually could 11 carry up. You know how it happens, somebody gets sick 12 and the other gets sick and -- 13 SHERIFF HIERHOLZER: Well, I have one 14 employee that has a single-parent daughter, okay, her 15 own daughter's a single parent. That grown daughter got 16 it, and now she had little kids in the house. So my 17 employee even though she was healthy and everything had 18 to go live with her, the COVID one, to help take care of 19 those kids while she got over it. So now she's 20 quarantined too, even though she didn't have it, she had 21 to temporarily move in with them to help take care of 22 the kids. So that should be -- 23 COMMISSIONER LETZ: You can easily -- and 24 then the problem even gets worse. I mean this has 25 happened. People are told because they were exposed, 19 1 they're told to go self-quarantine, and then they may be 2 doing through this the second time. They may have 3 already been quarantined one time and have to be 4 quarantined again. 5 I think we should increase the hours and I 6 think there's a certain amount of, you know, the 7 employees need to talk to their supervisors. And I 8 agree with the Sheriff, you get tested. I think we need 9 to increase the hours. 10 The main thing is that we don't want our 11 employees coming into the office when they're sick right 12 now. We just don't want it spread. 13 COMMISSIONER MOSER: But I think one thing 14 in here, testing is not a word in here. 15 COMMISSIONER BELEW: Well -- 16 COMMISSIONER MOSER: And let me finish. And 17 you've said testing, you've said testing, and you've 18 said testing, so why don't we say testing is required, 19 okay? 20 MRS. DOSS: Well, we can't force anybody to 21 be tested. 22 COMMISSIONER MOSER: But we can also not pay 23 them. 24 MRS. DOSS: What I'm asking people to do -- 25 COMMISSIONER BELEW: You can force them to 20 1 stay home, but you can't force them to get tested. 2 MRS. DOSS: They need to contact a 3 physician. 4 COMMISSIONER BELEW: Well, how are we going 5 to know if they have it if they haven't had a test? 6 SHERIFF HIERHOLZER: Let me interrupt. My 7 case, when I had it, alright, or what they said I had. 8 My wife was tested, tested positive, had it, so she's 9 quarantined. When I called in the next day, you know, 10 'cuz I started showing symptoms, can I get tested they 11 said no you cannot because you automatically are 12 presumed to have it because you're in the same house, 13 you're also quarantined. 14 Now my sick leave didn't matter, but -- you 15 know, because I'm an elected official. And I had 16 another employee that had that exact same situation, 17 they had direct exposure with a person that wasn't even 18 part of their house, but it was direct exposure and that 19 person tested positive. 20 COMMISSIONER BELEW: But -- 21 SHERIFF HIERHOLZER: They required them to 22 stay home even though that wasn't in the house for the 23 14 days. So you can't require them to get tested. But 24 so it's a catch 22. 25 COMMISSIONER LETZ: The Sheriff's accurate 21 1 based on Peterson Hospital policy. 2 SHERIFF HIERHOLZER: Right. 3 COMMISSIONER LETZ: Anybody can go to Boerne 4 and get tested at any time, but I don't think we'll need 5 to require our employees to go to Boerne and get tested. 6 But I'm saying that anybody that wants to get tested can 7 get tested. Peterson may not test you. 8 MRS. DOSS: And the other thing I'm hearing 9 from Peterson Urgent Care is that they recommend that 10 you wait five to six days -- six days. They said six 11 days from the last exposure to get tested. But if you 12 go that day which you have a lot of people do and it 13 comes back negative, and in another six days it can be 14 positive. 15 SHERIFF HIERHOLZER: I think the supervisors 16 just have to stay in touch with their employees, and 17 between now and -- Dawn will figure it out -- or 18 Jennifer. 19 COMMISSIONER LETZ: This issue is to let HR 20 and Treasurer know, and Auditor, that they can continue 21 to code employees COVID sick, which is a different code 22 that we've set up beyond the 80 hours. And we, 23 according to the Auditor, we're turning in most of these 24 hours -- or these hours, to the Federal Government for 25 reimbursement. We're not sure how that'll all work out 22 1 in the final thing, but that's what the current plan is. 2 So I do think we need to increase our COVID sick by 80 3 hours. 4 COMMISSIONER MOSER: Do we have to be under 5 emergency declaration for this? I think the answer is 6 no. 7 COMMISSIONER LETZ: We're under the 8 Governor's. 9 COMMISSIONER MOSER: And one other question, 10 if I may. This is according to the Families First 11 Coronavirus Relief Act, so do we know how long that Act 12 is -- 13 MRS. DOSS: To the end of the year. 14 COMMISSIONER MOSER: To the end of the year. 15 Okay, answered that. My only concern is it would take 16 an act of Congress then to do something like for the 17 next year? 18 MRS. DOSS: Right. 19 COMMISSIONER MOSER: Okay, thank you. 20 MRS. DOSS: And I did have another -- I had 21 an inquiry from an employee, and maybe this isn't the 22 agenda item to put this under, but if you're at home, 23 tested positive for COVID, you're using COVID sick time, 24 but you are working, you're able to work from home, I 25 believe that, you know -- it's the FLSA law. But if 23 1 you're working, you code it as work. So if you work 2 four hours at this, you code it as regular four hours 3 worked, and four hours that you don't, then you code it 4 COVID sick. Because I have had inquiries about -- you 5 know, about -- 6 COMMISSIONER BELEW: Wait a minute. You can 7 be sick half a day? Is that what you're saying? 8 MRS. DOSS: If you're working. If you're 9 home using COVID sick, but you're able to work, then you 10 shouldn't be charging all 8 to COVID sick. If you are 11 working, you need to code it as time worked. 12 COMMISSIONER BELEW: If you're able to work, 13 you shouldn't be getting sick pay. You're saying I'm 14 going to be sick half until lunch, and after lunch I'm 15 going to work. 16 MRS. DOSS: Right. But if you came to work 17 you'd give it to everybody else. 18 COMMISSIONER BELEW: I get it. But if I can 19 work, I can work. If I can't work, I can't work. 20 SHERIFF HIERHOLZER: Well let me explain how 21 that happens. 22 COMMISSIONER BELEW: You're talking about 23 somebody who's basically -- 24 SHERIFF HIERHOLZER: There's one is probably 25 my employee -- 24 1 COMMISSIONER BELEW: Let me finish. You're 2 talking about somebody's who's quarantined at home 3 and -- 4 MRS. DOSS: And tested positive. 5 COMMISSIONER BELEW: -- and feels fine and 6 working from home. 7 MRS. DOSS: And they tested positive and 8 they're able to work from home. 9 COMMISSIONER BELEW: Which category do you 10 put them under for pay? Regular pay, or do you split 11 it? 12 MRS. DOSS: The times -- the hours that 13 they're working should be coded as regular work. The 14 times that they're not working it should be COVID sick. 15 COMMISSIONER BELEW: Why would they be 16 working four hours, why -- 17 MRS. DOSS: Ask the Department Head or 18 Elected Official. 19 SHERIFF HIERHOLZER: I had an employee that 20 had the same exact thing. So that employee was able to 21 take a laptop computer, and we had IT to help us get it 22 hooked up, to where he could actually do a lot of his 23 duties on that computer at home while they were in 24 quarantine, so the hours that they were actually doing 25 those duties on that computer, then yes I agree that 25 1 should be regular pay. But the hours that they weren't 2 out of the rest of the day, maybe they only decided to 3 do four hours worth of duty during quarantine, I can't 4 force them to come in. 5 So if they did four hours worth of duty, 6 that goes onto their time sheet as four hours work. The 7 other four hours goes on their time sheet as four hours 8 COVID sick because they can't come in. And they're 9 doing what they can, because their entire duties aren't 10 totally 8 hours on a laptop, they're different. But 11 they can do the laptop -- 12 COMMISSIONER BELEW: But they're using that 13 time you're talking about, so that could work against 14 the employee ultimately. 15 MRS. DOSS: And the thing is like they're on 16 vacation. And if you're scheduled on vacation but 17 something drastic happens and you have to put in some 18 time at work, we don't expect you to code 8 hours of 19 vacation. If you work, you need to code the times 20 worked. 21 COMMISSIONER BELEW: Well, it's not likely 22 to happen, but you have somebody has to be quarantined 23 they feel fine, they're working from home, they're using 24 their COVID pay, and then they have a car wreck and they 25 break their leg and they gotta be out of work and used 26 1 up -- and they're exposed to COVID from EMT worker or 2 whatever, and now they -- you just complicate things 3 here. I think you just pay them one or the other, and 4 you're not going to make it exact every time. You're 5 going to have an hour and a half of this, and I clocked 6 in late and -- 7 COMMISSIONER LETZ: Commissioner, we're 8 doing that right now. We're doing exactly what Jennifer 9 says right now. 10 COMMISSIONER BELEW: I think it's 11 complicated, it's overly complicated. 12 COMMISSIONER LETZ: That's what we've always 13 been doing. If somebody works part of the day, they 14 should be -- 15 COMMISSIONER BELEW: You're adding the COVID 16 thing to it. 17 MRS. DOSS: If you're not exempt -- 18 COMMISSIONER LETZ: No. The COVID is a 19 different code, you know. Vacation and work -- your 20 vacation, work and COVID. I mean there's not -- 21 SHERIFF HIERHOLZER: It's a code in the 22 computer. 23 COMMISSIONER BELEW: I understand that it's 24 a code in the computer. You're adding a third code in 25 there, or fourth or fifth or whatever. 27 1 SHERIFF HIERHOLZER: You already have a 2 regular work code. You're counting four hours of 3 regular work, you're coding four hours of COVID sick. 4 It's not adding another in there. Those codes are 5 there. You're just using different ones for the 6 different hours of the day. 7 COMMISSIONER BELEW: So what's the advantage 8 for the employee? 9 MRS. STEBBINS: I think it's an advantage 10 for the County, in part. We have one employee who is 11 hard to replace that employee's services, and so in 12 order to take care of -- 13 COMMISSIONER MOSER: Stand over there so 14 Debby can hear you. 15 MRS. STEBBINS: In order for her to take 16 care of the people that she serves, or he serves, they 17 put in two hours. But if one of my employees got sick 18 and they put in two hours and said that's really all I 19 can today today, I'm not feeling well, I feel dizzy, but 20 I've gotten taken care of X, Y and Z, because we each 21 have separate duties in our office. 22 And say one of my legal assistants was out 23 but we needed plea paperwork. She could get it in, do 24 her plea paperwork for an hour, and if she felt bad and 25 needed to go put herself to bed, then I would say we'll 28 1 pay you for the hour, but for the rest of the seven 2 hours you get COVID sick. 3 COMMISSIONER BELEW: What I'm trying to get 4 to is get Jennifer to tell us what advantage is for the 5 County for the employee. Is the advantage that at the 6 end when we get all this COVID pay that we get some kind 7 of government reimbursement or something, or is this 8 simply to allow that person to get paid 8 hours when 9 they only work two hours? Which is that? 10 MRS. DOSS: Well, we shouldn't be trying to 11 get Federal reimbursement for time that's been worked. 12 If you're truly sick -- 13 COMMISSIONER BELEW: I'm not talking about 14 the time you worked; I'm talking about any COVID 15 reimbursement stuff. We've gotten a lot of money 16 because of COVID. 17 MRS. DOSS: Right. And I think we exhausted 18 the money, the -- 19 COMMISSIONER BELEW: So this won't -- 20 there's some benefit in that category. 21 MRS. DOSS: I don't know. 22 COMMISSIONER LETZ: There may be. We're 23 keeping track of it that way. That's how we keep track 24 of it. Whether we get reimbursed for all of it, we 25 don't know. 29 1 COMMISSIONER BELEW: So in the event we are 2 entitled to reimbursement, or if there is one offered, 3 we have all that documented. So there's a good reason 4 to keep track of it. But what you were describing 5 earlier doesn't strike me as a good reason to do it. 6 Just because I felt good for part of the day and not the 7 other part of the day. 8 COMMISSIONER LETZ: But you agree we need to 9 do it. 10 COMMISSIONER BELEW: I agree we should keep 11 track of it, yes. 12 COMMISSIONER HARRIS: Well, Harley, I think 13 Jonathan's a good example. He came down with it, and he 14 was still on the phones, e-mailed, handling business, 15 but not coming in. You and I would do the same thing. 16 The phones are still going to ring, and if you're 17 physically able to do that, you're at least going to get 18 back with people and do what we can. And whether we 19 have the common cold or Type A flue or the COVID deal. 20 COMMISSIONER BELEW: Well, we want them to 21 be protected. I'm just trying to figure out why instead 22 of it being sick pay that it has to be in the COVID pay. 23 COMMISSIONER MOSER: Well, I'll give you a 24 case that I just thought of. Somebody's at home 25 quarantined, they can't be here -- 30 1 SHERIFF HIERHOLZER: The Auditor needs to 2 make a statement. 3 MRS. SHELTON: I'm -- 4 COMMISSIONER MOSER: We got too many people 5 talking. I'm talking, if that's okay. 6 MRS. SHELTON: Oh, sorry. 7 COMMISSIONER MOSER: Thank you. The case 8 would be if somebody's quarantined at home, okay, and 9 they have -- and they feel fine, and they have four 10 hours of work that they can do, okay, and that's all, 11 you know, just because that's a requirement for them to 12 do and they're finished, okay, they could keep working 13 but they don't have this task, but they have to be 14 quarantined, so therefore, it's a case that there will 15 be four hours regular work and four hours of COVID for 16 that. Yeah, okay. Sorry. 17 COMMISSIONER BELEW: You want to tell us 18 about the grants. 19 MRS. SHELTON: Yes. Sorry about that. Yes, 20 the grant that we have will pay for the time that we're 21 putting to COVID sick. So that's the 1.5 million dollar 22 grant. If for some reason that one gets all taken up, 23 there still is another grant out there, but it's under 24 the normal emergency grant, and we would have to do the 25 20 percent as a match for that grant. Right now we're 31 1 fully covered by the 1.5 million in what we have today. 2 COMMISSIONER MOSER: Where do we stand on 3 the 1.5 million? 4 MRS. SHELTON: We've -- we haven't used all 5 of it. 6 COMMISSIONER MOSER: What have we used? 7 Ballpark. Just ballpark. 8 MRS. SHELTON: I would say that if we put it 9 all in we're at about a million now. 10 COMMISSIONER MOSER: About 2/3 we've used, 11 okay. Thank you. 12 COMMISSIONER BELEW: So this would mean that 13 the County would save money if someone's getting paid 14 half a day's pay staying with the example you used all 15 this time, of four hours, and then four hours with COVID 16 pay. That would come out of the grant, that second for 17 four hours. So then the County is saving money. This 18 is what I want to hear. This is what taxpayers need to 19 know. That's all I'm trying to get to, so -- 20 COMMISSIONER LETZ: District Clerk, you want 21 to make a brief comment? 22 MRS. LANTZ: I just have a question. These 23 employees that are working from home, you know, we are 24 using that COVID sick. What about the employees that 25 don't have laptops or have ways to remote, and they're 32 1 upset they cannot remote in and help to do what they 2 need to do at the office. How are you going to do this 3 where it's not discriminatory throughout the whole 4 County where you're able to work from home, but you're 5 not able to work from home? 6 I want to make sure that my employees are 7 treated fairly, because I do have people working at 8 home, and they're working, and then the other ones that 9 are not working are using COVID sick because they are 10 literally sick. 11 COMMISSIONER MOSER: Is it -- 12 MRS. LANTZ: Please let me finish, 13 Commissioner Moser. 14 COMMISSIONER MOSER: Okay, sorry. 15 MRS. LANTZ: So basically, I want to know 16 what this County for what we have in place to make sure 17 that those employees are all doing what they can be 18 doing from home in order to be productive employees. 19 Some may have no symptoms that are out, but I don't have 20 the means to provide them with a laptop. 21 COMMISSIONER MOSER: So let me ask you a 22 question. So is the concern of not having -- your 23 concern if I'm interpreting it correctly is they don't 24 have the laptops to be able to do the work from home? 25 MRS. LANTZ: Correct. 33 1 COMMISSIONER MOSER: So is -- and I think 2 I've sent somebody an e-mail on this. Is there some way 3 we can get laptops for those types of people that Dawn's 4 talking about? Whether they're leasing them or 5 whatever. And would that not be covered by the COVID 6 fund grants? Because Dawn's got a really good point, 7 you know, people being able to work, they just don't 8 have a laptop to work with. 9 MRS. LANTZ: Because what's happening 10 throughout the County, this one's getting to take a 11 laptop home; this one is not. They're going to get 12 paid, but this one has to use all their sick. Well, 13 guess what, they've got kids that have been quarantined. 14 Now -- 15 COMMISSIONER LETZ: We're too -- we're not 16 on the agenda item anymore. 17 MRS. LANTZ: Oops, sorry. 18 COMMISSIONER LETZ: The agenda item is 19 specifically about the sick leave allotment -- 20 MRS. LANTZ: Okay. 21 COMMISSIONER LETZ: -- and the working of 22 the hours; not about finding laptops. 23 COMMISSIONER BELEW: But that's a matter to 24 take up with IT. 25 COMMISSIONER LETZ: It's a matter we need to 34 1 take up, but it's not -- 2 MRS. LANTZ: We still need -- that's what I 3 just want to know, how my employees are going to -- 4 because right now with the sick leave time -- 5 COMMISSIONER BELEW: You can talk to Bruce 6 right now about it. 7 MRS. LANTZ: I will take care of that. But 8 I think he's done all he can do for me. 9 COMMISSIONER BELEW: I have a laptop you can 10 have. 11 (Talking over). 12 COMMISSIONER BELEW: He's got one. We got 13 two. 14 MRS. LANTZ: All that talk about sick leave, 15 that's my main thing. I told my employees that are 16 home, so they were ultimately -- they're all COVID sick 17 because they are COVID sick right now. So that's how 18 their time is documented. 19 COMMISSIONER BELEW: Well, some of them that 20 can't work at home, so -- 21 MRS. LANTZ: There's a lot of people that 22 can't. 23 COMMISSIONER BELEW: -- if you want the 24 quality, then there's an issue there. Well, we can't do 25 that for everybody because everybody's job is not the 35 1 same as the County Attorney pointed out a moment ago. 2 Some are more critical than others. 3 SHERIFF HIERHOLZER: Well, one of the things 4 I think that needs to be stressed is that COVID sick is 5 an additional sick leave bank compared to whatever their 6 normal sick leave bank already has. So regardless of 7 whether they're home working or they're home COVID sick, 8 they're still getting paid. 9 COMMISSIONER LETZ: Right. And that's the 10 point where I find where we need to extend -- 11 SHERIFF HIERHOLZER: Yeah, they're not using 12 up their current sick leave bank, this is an additional 13 80 hours of paid leave that the County and the Federal 14 Government has given them because they aren't able to 15 work. So I think they're all getting pad. 16 COMMISSIONER LETZ: Right. 17 MRS. LANTZ: And I don't think the pay is 18 the issue. I think it's COVID -- 19 COMMISSIONER LETZ: But that's the agenda 20 item issue. 21 MRS. LANTZ: No. The COVID sick is the 22 issue on the pay thing. 23 COMMISSIONER LETZ: Right, right. But all 24 employees are getting paid. And moving on, I'm going to 25 make a motion that we add an additional 80 hours under 36 1 the guidelines of the Families First Corona Relief Act, 2 and add an additional 80 hours under that act for COVID 3 sick. 4 COMMISSIONER BELEW: Second. 5 COMMISSIONER MOSER: Up to -- to the end of 6 December. 7 COMMISSIONER LETZ: As long as the Act is in 8 place then we -- 9 COMMISSIONER MOSER: Well, that's what 10 Jennifer said. 11 COMMISSIONER LETZ: Right. Okay. Up to the 12 end of December. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER LETZ: Everybody understand the 15 motion and the second? I made the motion and 16 Commissioner Belew made the second. 17 COMMISSIONER HARRIS: I have one more 18 question for Jennifer. Just how many people are we 19 talking about right now that have used up, say, 80 20 hours? 21 MRS. DOSS: Well, it was -- 22 COMMISSIONER HARRIS: Ballpark? 23 MRS. DOSS: I won't determine that until at 24 the end of this pay period. But -- 25 COMMISSIONER HARRIS: I understand. 37 1 MRS. DOSS: -- probably the list of folks 2 that already have run out, we only have one that's 3 currently -- 4 COMMISSIONER HARRIS: Okay. 5 MRS. DOSS: -- in quarantine, but -- 6 COMMISSIONER HARRIS: So we're not talking 7 about mass numbers, but we're going to have -- 8 MRS. DOSS: Right. We have -- 9 COMMISSIONER MOSER: Less than ten. 10 COMMISSIONER LETZ: We'll be -- we'll be 11 approaching ten -- 12 MRS. DOSS: More than 10. 13 COMMISSIONER LETZ: -- more like 20 by the 14 end of this pay period, I suspect. 15 SHERIFF HIERHOLZER: One of the things 16 that's not clarified, is it retroactive or not? 17 COMMISSIONER LETZ: Yes. My intent is that 18 it be retroactive. 19 COMMISSIONER BELEW: To when? 20 COMMISSIONER LETZ: To back to this year, as 21 long as we've had -- been active and under the Federal 22 Government. 23 COMMISSIONER BELEW: Since the Federal -- 24 COMMISSIONER MOSER: Since this Act has been 25 in place. 38 1 COMMISSIONER BELEW: Since the Act. And the 2 good news is that we haven't had too many people 3 dreadfully sick, but that could happen and then they 4 could use up all of it, one person in the hospital, and 5 wreck everything for -- but thank God we've had a bunch 6 of people that got tested and have gotten better. 7 MRS. STEBBINS: I think that one of -- it 8 sounds like one of Dawn's concerns was that employees 9 out now using the COVID sick leave and coming back, but 10 then down the road their child is sick or their 11 quarantined again because of a sick child or a sick 12 spouse or whoever in their family may be sick, and then 13 they run out at that time. 14 And I think that it's important for 15 employees to remember and directors and electives that 16 things like this happen sometimes and if it does, the 17 case by case basis that we can all come to you as 18 supervisors and talk to you about our particular 19 employee, and what their circumstances might need, and 20 you all have always worked with any of the employees and 21 supervisors in the past when something -- something 22 strange or particular has come up, and it's important 23 for employees to remember that. 24 And I think that -- that you all want people 25 to be safe when they come to work and know that their 39 1 county's going to take care of them. 2 COMMISSIONER BELEW: And it could happen to 3 anybody and we understand that. 4 COMMISSIONER LETZ: Right. Any additional 5 discussion? All in favor raise your right hand or say 6 aye. Unanimous. It will be extended to 80 hours. 7 MRS. DOSS: Thank you very much. 8 COMMISSIONER MOSER: Thanks, Jennifer. 9 COMMISSIONER LETZ: Item 1.3 consider, 10 discuss, and take appropriate action regarding regularly 11 scheduled Special Commissioners' Court meetings. 12 Commissioner Moser. 13 COMMISSIONER MOSER: Thank you, Jonathan. 14 We implemented the -- well, we've always had standard 15 meetings the second and fourth Friday -- Monday of each 16 month. And then we have started meeting more often than 17 that because of requirements for authorizing the 18 Treasurer and the Auditor to make -- to pay bills. That 19 has gone away, I believe, and I'll let the County 20 Attorney amplify that. I think we're not required to do 21 that anymore. 22 MRS. STEBBINS: That's correct. You're not 23 required to do that. 24 COMMISSIONER MOSER: Okay. So my question 25 is, I think we've eroded, okay, the Special Sessions of 40 1 Commissioners' Court to take up things that are not -- 2 that can't wait -- that could wait until the regular 3 sessions. So all I'm asking for is for a discussion on 4 whether or not we should try to stay with second and 5 fourth Monday, okay, or we could keep every single 6 Monday. Because, I mean, you know, there are some 7 special things that we're doing on -- putting on the 8 agenda on the intermediate Mondays that I think -- you 9 know, I guess the bottom line is, I don't like to have 10 meetings if there's no reason to have a meeting, okay. 11 COMMISSIONER HARRIS: I agree with most of 12 what you said. Occasionally, there are some that -- 13 COMMISSIONER MOSER: And we can always -- we 14 can have an emergency meeting and the Judge is out 15 there, I think, within "X" number of hours. If we have 16 an emergency, we can have Commissioners' Court. Yeah. 17 VOICE: We're not under a State of 18 Emergency. 19 COMMISSIONER MOSER: Yeah, no. But I'm 20 saying -- but independent of that, we can call a session 21 of Commissioners' Court within, what is it, 72 hours or 22 something like that. And I think in an emergency we can 23 even do it more -- earlier than that. But anyway, 24 that's okay. 25 COMMISSIONER LETZ: That's a different 41 1 topic. I mean -- but bottom line is, we don't have to 2 meet every week any longer -- 3 COMMISSIONER MOSER: Right. 4 COMMISSIONER LETZ: -- and so we go back to 5 our meetings every -- twice a month as we -- 6 COMMISSIONER MOSER: And I'm just saying 7 let's -- let's put things off -- put things on the 8 regular schedule as opposed to creating a need to have a 9 Commissioners' Court if we don't need to have one. If 10 we need to have it, let's have it. 11 COMMISSIONER HARRIS: Last Monday was 12 probably a good example. 13 COMMISSIONER MOSER: And that's the Judge's 14 prerogative to call -- call Commissioners' Court. 15 COMMISSIONER HARRIS: But that was a rarity 16 to -- 17 COMMISSIONER BELEW: It was a rarity but 18 last Monday we had almost nothing and it was not really 19 worth having a meeting. 20 COMMISSIONER MOSER: That's right. Yeah, we 21 had a $25.00 from the Sheriff, and we had to add an 22 appointment to a board which wasn't critical. 23 COMMISSIONER LETZ: But from a -- from a 24 planning standpoint, though, I think we need to go and 25 it's difficult to wait until Thursday and find out we're 42 1 going to have a Monday meeting. A lot of it's scheduled 2 weeks in advance. I think we need to either know, yes, 3 we're going to meet every Monday, or no we're going to 4 meet every -- the twice a month. And I'm in favor of 5 twice a month. 6 COMMISSIONER MOSER: Me too. And I don't 7 know if it takes a motion or -- it probably doesn't take 8 any action, just we'll -- we'll just schedule it. Or 9 the Judge will schedule. 10 COMMISSIONER BELEW: Well, I think it should 11 be stated real clearly that we are not required to have 12 a meeting every Monday. We started having a meeting 13 every Monday because we need to approve payroll or some 14 other things because of the State Legislature, and now 15 that has passed. And some counties never took up this 16 every Monday or every week meeting. And so that -- 17 that's over with now. So it's not like we're leaving 18 business undone. We're back to normal now, if we decide 19 on this. 20 COMMISSIONER MOSER: Okay. Right. 21 COMMISSIONER LETZ: And the question is, I 22 see the Auditor in the wings over here. Tanya, would 23 you come in? Because it does have an impact on paying 24 bills. Because they can't pay the bills until we 25 approve them. 43 1 MRS. SHELTON: And given enough time, we can 2 go back to paying them twice a month. I think without 3 any doubt. We did it in the past, you know. It does 4 cut down, it may, on the amount of time that we have to 5 prepare if we're getting late bills that we need to pay 6 before we get fined, you know, or a late fee or 7 whatever. So there may be some of those. There's 8 always been some of those in the past, though. I mean, 9 that's just standard just because the way it's going to 10 happen. 11 The only thing that I would ask is that I 12 know next week because of planning, next week we will 13 have to have a meeting. There is a bill that y'all will 14 need -- or an invoice y'all will need to approve. And 15 then the week of -- the first week in December, I think 16 it's December the 7th, we'll need to meet that day also. 17 And these are for plans moving forward that are already 18 in place right now that looking forward. 19 Now, after the first of the year, I think 20 there would be plenty of time, you know, to meet twice a 21 week and get -- let everyone have enough time to ramp up 22 back to where it was, and it will take two weeks. 23 COMMISSIONER MOSER: So I think simply then 24 what I'm hearing is, was plan on meeting second and 25 fourth Monday of each month, unless there's a reason, 44 1 like you're talking about right now to have another 2 meeting. And so you're saying up until -- well, here, 3 okay. Unless there's a reason, okay, that it can't be 4 held during the regular session, second or fourth 5 Monday. Period. 6 COMMISSIONER LETZ: I think, Commissioner, 7 basically what we can do is just leave it up to -- leave 8 it on our calendars, personal calendars every Monday for 9 the rest of the year but let the Judge have the 10 discretion to cancel the Monday meetings if there's not 11 sufficient items and that will allow the Auditor. And 12 then the first of the year, we do our -- 13 COMMISSIONER MOSER: Sure. 14 COMMISSIONER LETZ: -- early -- at one of 15 our early January meetings we will set the official 16 dates and we can go over it at that time -- 17 COMMISSIONER MOSER: That's fine. That's 18 fine. 19 COMMISSIONER LETZ: -- or with the Judge's 20 discretion until the end of the year. 21 COMMISSIONER MOSER: Okay. Great. 22 MRS. SHELTON: There was a court order that 23 was passed that allowed us to pay certain bills without 24 y'all's approval, because y'all gave pre-approval. It 25 was utilities, I believe and -- 45 1 MRS. STEBBINS: East Kerr Water Project 2 maybe. 3 MRS. SHELTON: Yes. For the grant. Yes. 4 And so we may need to just look at that and see if 5 there's anything we would like to add to that, but we 6 can do that at a future date. 7 COMMISSIONER MOSER: Okay. Good deal. 8 Thank you. 9 COMMISSIONER LETZ: Okay. No action. 10 COMMISSIONER MOSER: Good deal. Good. 11 COMMISSIONER LETZ: Item 1.4 consider, 12 discuss, and take appropriate action on the 13 implementation of the burn ban. This is our regular 14 90-day agenda item to continue the process we're 15 currently using. 16 COMMISSIONER HARRIS: I move for approval. 17 COMMISSIONER MOSER: Second. 18 COMMISSIONER LETZ: Motion by Commissioner 19 Harris, second by Commissioner Moser to continue the 20 implementation of the burn ban. 21 COMMISSIONER MOSER: And as the Sheriff 22 said, and I cited the other case, too, it's really 23 important that we have that capability to set those burn 24 bans and to have the Sheriff be able to enforce that. 25 Good. Thank you. 46 1 COMMISSIONER LETZ: Any further discussion? 2 All in favor raise your right hand or say aye. It's 3 unanimous, four zero. 4 Item 1.5 consider, discuss and take 5 appropriate action to approve the disposition of the 6 Colt .45 Gold Cup Semi-Automatic pistol. Sheriff 7 Hierholzer. 8 SHERIFF HIERHOLZER: Okay. This I need to 9 explain a little bit. A couple of y'all I have when I 10 brought it up. My Chief Deputy since 1990 has been 11 carrying a certain Colt .45 pistol. The reason he has 12 been is him -- at that time he was with the 216th 13 Judicial District task force, and they worked what ended 14 up being one of the largest marijuana cases in Kerr 15 County. My dad was part of it and my Chief Deputy was 16 part of it. 17 Doing surveillance on that and permission 18 from the surrounding piece of property from the suspect 19 property, they were walking through there and my Chief 20 Deputy stepped on a pistol that was just out in the 21 middle of the pasture. Okay. Chief Deputy picked it up 22 and asked my dad, did you drop your gun? My dad said 23 no, I've got mine in my hand. So it went on kind of 24 like that. 25 But after the case was over, we ran a search 47 1 warrant on the suspect, you know, the case was filed in 2 Federal Court, and he went to the Federal penitentiary 3 over it because, like I said, it was a large marijuana 4 growth, one of the largest around. 5 And Judge Hippo Garcia, Federal Court, 6 awarded that found pistol. When they ran that trace on 7 the gun and everything, and in doing the search warrant 8 on the suspect's property and his house, they found a 9 list of all his guns by serial number, and that pistol 10 was on there and it was -- out beside it he put lost. 11 Okay. 12 He had been trespassing on his neighbors' 13 property and dropped his gun is probably what happened. 14 But anyhow, Judge Hippo Garcia, Federal Judge at that 15 time, said in a court order that that particular gun, by 16 serial number, that such weapon be assigned to the 17 District Attorney for the 216th Judicial District to a 18 law enforcement officer of said District to be used in 19 the exercise of officer's duties. 20 So my Chief Deputy, being one of the case 21 officers in that case, has carried that gun ever since. 22 When Bruce Curry, who was a district attorney and over 23 the 216th Judicial District Task Force, when he retired 24 in 2014, I think, when he had it, he -- of course, first 25 in 1990, he even wrote that he assigned that gun to Clay 48 1 Barton, my Chief Deputy. 2 Then in 2014, Bruce Curry retired and he 3 ordered the assignment of that weapon, same one, it's 4 ordered bearing that serial number to be given to the 5 Kerr County Sheriff, Rusty Hierholzer, to be used in his 6 official duties as Sheriff, and with the authority to 7 dispose of or reassign said weapon to a law enforcement 8 office in this District. So I just kept it assigned to 9 Clay since he's carried it all these years. 10 I contacted Heather awhile back. The gun -- 11 Clay has had to replace the sights on it. You know, 12 it's a 30-year-old gun. Actually, it's older than that. 13 Doing a trace on those manufacturers in the early '80s. 14 But -- and Clay has had to do some work on 15 it over the years, replacing sights at different times 16 and everything. It's more of a sentimental value to 17 him. It's one of the last cases that him and my dad got 18 to work together. Okay. And as y'all know, my dad was 19 the first narcotics agent stationed in this county. So 20 there's a lot of history just going back there, and Clay 21 would like to keep it. 22 Checking with the County Attorney on how can 23 we make that happen, what can we do, there is under the 24 Government Code and the Local Government Code, it says 25 purchase of a firearm by an honorably retired peace 49 1 officer. Of course, Clay is retiring the same time I 2 am, you know, December 31st at midnight we're both 3 retiring. And that he may purchase one firearm from the 4 County that, as an honorably retired officer. The 5 County Commissioners' Court shall establish the amount, 6 which may not exceed the fair market value for which the 7 firearm is to be purchased. 8 So what I'm asking y'all is to set a value 9 at less than fair market value, because that's what the 10 law says it, and allow Clay to purchase that weapon. 11 Clay has been an employee of this County, 12 doing law enforcement for this County, between the Task 13 Force when he was there and then he was assigned to the 14 Feds, but he was always Kerr County. Did a lot of 15 seizures in Federal Government, even some up in New York 16 that came back to this County. And I think he's been an 17 extremely valuable law enforcement officer in this 18 County. He's got right now, right at 39 years, you 19 know, one year less of service than I got. 20 COMMISSIONER MOSER: What's the fair market 21 value? 22 SHERIFF HIERHOLZER: If you wanted my 23 opinion because of the officer it's going to, I might 24 donate a roll of pennies would be perfect for that 25 officer. 50 1 COMMISSIONER MOSER: You haven't answered my 2 question. My question was what's the fair market value? 3 COMMISSIONER HARRIS: We don't get to 4 establish that. I've got an idea. Given the history 5 of -- 6 COMMISSIONER MOSER: Can I get an answer to 7 my question? 8 COMMISSIONER BELEW: Did anybody research it 9 is the real question? 10 COMMISSIONER MOSER: What's the fair market 11 value? 12 SHERIFF HIERHOLZER: You know, some of those 13 guns -- and I'll be honest, I looked it up, if they were 14 in mint condition, okay -- now, I have to preface this. 15 COMMISSIONER MOSER: You sound like a 16 politician. What's the fair market value? 17 SHERIFF HIERHOLZER: No. Well, it -- it 18 changes because of the gun and because of the condition 19 of the gun. It changes drastically. Some of them made 20 that long ago can be worth up to four or five thousand 21 dollars. 22 COMMISSIONER MOSER: Okay. 23 SHERIFF HIERHOLZER: New, I haven't priced a 24 new semiautomatic -- 25 COMMISSIONER MOSER: But this is not new. 51 1 So what, in your judgment, okay, is -- of some 2 condition, what is fair market value? 3 SHERIFF HIERHOLZER: I think fair market 4 value of that gun, because it had rust on it and he's 5 had to do a lot of work on it, it's had thousands and 6 thousands of rounds fired through it. My personal 7 opinion is, maybe $200 would be fair market value. 8 COMMISSIONER HARRIS: That's what I was 9 thinking it would be. 10 SHERIFF HIERHOLZER: And the use of that 11 gun. 12 COMMISSIONER MOSER: That's what I was 13 trying to get to. 14 COMMISSIONER BELEW: Well, now let me make a 15 motion. I move that we sell this gun to Clay Barton for 16 a dollar. Can I get a second on that, and we'll be done 17 with this? 18 COMMISSIONER LETZ: Second. 19 COMMISSIONER LETZ: We have a motion and a 20 second. So the gun is to be sold for one dollar. Any 21 other discussion? 22 SHERIFF HIERHOLZER: The one I will add is 23 while I was at the ATF one time, during a case that we 24 filed here, and they had just seized guns from a gun 25 dealer that wasn't operating legally, and they came 52 1 through that office with a roller cart with I bet a 2 hundred brand new in the box Colt .45 pistols that they 3 had seized. And I asked them what they do with those 4 because, you know, some agencies would love to be able 5 to get their hands on. Every one of those goes to the 6 shredder. Period. That's what they do with most seized 7 guns. This was an exception that Judge Hippo Garcia 8 assigned it to here, so -- and it's not that the 9 County's been out a dime on this gun. 10 COMMISSIONER LETZ: All right. A motion and 11 a second to let Mr. Barton purchase the gun for one 12 dollar. Anymore discussion? All in favor raise your 13 right hand. Unanimous, four zero. 14 SHERIFF HIERHOLZER: Okay. Thank you, 15 gentlemen. I'm sure -- I know Clay will thank you. 16 COMMISSIONER BELEW: In pennies. 17 SHERIFF HIERHOLZER: In pennies. That's a 18 good one. 19 COMMISSIONER LETZ: Item 1.6 consider, 20 discuss, and take appropriate action to approve the 21 Electronic Recovery and Access to Data Services 22 Agreement with "EGI" ERAD Group, Inc. Sheriff. 23 SHERIFF HIERHOLZER: Okay. What this is, is 24 the drug dealers, and this is putting out some stuff and 25 they may try and change it because this is a public 53 1 meeting, but what we found is drug dealers, and they're 2 finding this all over the country, secret service, ATF, 3 DEA, all of them, is they're not dealing in cash as much 4 anymore, okay? 5 They have the equipment capable, and we 6 watched the demo on it, and what they're doing is buying 7 green dot cards or, you know, from Walmart or any -- any 8 of these gift cards, even going to a hotel room key. 9 Any card that's got a magnetic strip, they can transfer 10 money to that card. All right. 11 And when they're doing drug deals and that, 12 all they're doing is transferring money from cards to 13 card, and then you know spending it as they want. But 14 they're not dealing in cash and your cash seizures. And 15 you may stop a drug dealer that's got a stack of 20 or 16 30 cards on it. 17 COMMISSIONER BELEW: Is there a limit on the 18 amount you can -- 19 SHERIFF HIERHOLZER: No. No. You can -- 20 if you can find it all out, it can fall under the money 21 laundering act and everything. There's a lot of laws 22 that pertain to it, but you have to be able to get 23 access to it. 24 Now what happens normally when you stop 25 somebody, by the time you get them seized and you -- you 54 1 know, lock up the cards in evidence, within 30 minutes 2 they'll call somebody and all that money will be off 3 those cards, transferred to other cards. Okay. 4 This is an act that they -- they deal with, 5 even Federal Government, ATF uses it -- or Secret 6 Service uses it and everybody else. What it does, is it 7 gives us the capability to swipe those cards, right 8 there on the spot and see what's on them. And if it is 9 drug related, if it is a seizable enforceable offense, 10 we have the capability of locking that card so money 11 can't be transferred from it. 12 COMMISSIONER BELEW: That's not an 13 unreasonable search? 14 SHERIFF HIERHOLZER: No. No. Courts have 15 ruled on that. They've already said that that's not, 16 because it's an illegal money laundering -- you have to 17 have probable cause to do it. 18 COMMISSIONER BELEW: Sure. 19 SHERIFF HIERHOLZER: If I just stopped you 20 on a traffic stop, you know, and saw that you had a gift 21 card in your wallet, no, I can't do that. Okay. But if 22 you're dealing drugs and you got four or five green dot 23 cards on you too, with very little cash, that's another 24 deal when you start getting probable cause, and that's 25 what the courts have decided. Okay. But, yeah, same 55 1 thing. 2 So what it is, is for us to do this, it is 3 $3,000.00 annual fee, and then 500 for the readers that 4 we can use. Both DA's sat in on the demonstration in 5 the meeting with us and with the company, and they're 6 totally in agreement with it. 7 Heather has reviewed this agreement. The 8 agreement is actually an agreement I signed. But seeing 9 how the County works, I did not want to be doing 10 anything without the Court's approval. 11 The fees will be paid for through our 12 seizure account, so it's not coming out of County's 13 money. I'll pay for it out of the seizure account and 14 then -- 15 COMMISSIONER MOSER: Even the $3,000.00 plus 16 the 500? 17 SHERIFF HIERHOLZER: Yes. 18 COMMISSIONER MOSER: Okay. 19 SHERIFF HIERHOLZER: Yeah. 20 COMMISSIONER MOSER: I move for approval. 21 COMMISSIONER BELEW: Well, I went to ask 22 another question. Is this software or is it hardware, 23 or is it both? 24 SHERIFF HIERHOLZER: Both. 25 COMMISSIONER BELEW: Okay. 56 1 COMMISSIONER HARRIS: Second. 2 COMMISSIONER LETZ: We've got a motion by 3 Commissioner Moser, second by Commissioner Harris to 4 approve the agreement and authorize the Sheriff to sign 5 the agreement with "EGI" ERAD Group, Inc. Any further 6 discussion? The County Attorney has reviewed it? 7 MRS. STEBBINS: I have. 8 COMMISSIONER BELEW: Is every car going to 9 be equipped? 10 SHERIFF HIERHOLZER: No. 11 COMMISSIONER BELEW: Do they have to call in 12 a number? I don't want you to tell us anything you 13 shouldn't tell us but -- 14 SHERIFF HIERHOLZER: No. We will have a 15 number of these that can hook to cell phones that can 16 scan right there, but not -- every officer is not 17 getting them because of the cost. 18 COMMISSIONER HARRIS: It'll pay for itself. 19 SHERIFF HIERHOLZER: You know the thing is, 20 Harris County, Houston PD, all have them. Every one of 21 them. 22 COMMISSIONER LETZ: And then the key thing 23 is it doesn't cost taxpayers anything. 24 SHERIFF HIERHOLZER: No, no. The druggies 25 are paying for it themselves. 57 1 COMMISSIONER LETZ: Exactly. Any further 2 discussion? All in favor raise your right hand or say 3 aye. It's unanimous, four zero. 4 1.7 consider, discuss and take appropriate 5 action to approve Incode Public Safety Records 6 Management Services with Tyler Technologies. Sheriff. 7 SHERIFF HIERHOLZER: Okay. This came up 8 because our lovely Federal Government and State have 9 decided that they are changing the way that law 10 enforcement has to report crimes. Right now we have 11 what's called UCR, Uniform Crime Reporting, and it only 12 reports seven of the major category offenses and all of 13 that kind of stuff. 14 Well, all the higher-ups in their great 15 wisdom have decided now that that's not what we're going 16 to use anymore. We're going to use what is called 17 NIBRS. NIBRS is National Incident-Based Reporting 18 System. All law enforcement agencies have to start 19 using NIBRS by January 1. Okay. 20 Odyssey, that this County has contracted 21 with for all these years, cannot do NIBRS. We have 22 tried working with them, and even though Odyssey is a 23 Tyler Technology deal, they can't do NIBRS. And NIBRS 24 is a lot more in depth. It gives information such as 25 relationship between victim and suspect, you know, 58 1 criminal -- I mean every -- it's unreal the number of, 2 and the amount of information that we're now having 3 to -- going to have to be sending to the Feds and the 4 State, and it's all just for statistics, which I'm 5 totally against, but we don't have a choice. Okay. 6 So Tyler Technologies is also part of 7 Odyssey, they do have an Incode same as -- same type 8 thing as the -- as the, you know, timekeeping and 9 everything else, that's a part of Tyler Technologies. 10 They do have an Incode which because Odyssey can't do 11 it, they're getting to it -- giving us Incode in law 12 enforcement management for the same exact price that we 13 currently pay for the law enforcement part in Odyssey. 14 So it's not costing us additional money, okay. It's so 15 much a year. Part of it that Bruce pays and everything 16 for the deal. 17 It does allow us -- it will automatically 18 gather that information. It has already been approved 19 by DPS and the Feds as being NIBRS compliant. So, you 20 know, we have to report it, the racial profiling goes 21 into it, but it has to change -- we have to change our 22 entire law enforcement system. 23 COMMISSIONER BELEW: For data collection. 24 SHERIFF HIERHOLZER: For all finished 25 reporting, for everything. Everything I do as far as 59 1 the law enforcement part is going to be different. It 2 hurts us in some ways because the County Attorney 3 doesn't have immediate access to it anymore, like we 4 have in this shared system. A lot of what law 5 enforcement has will not be in Odyssey anymore. It's a 6 separate system. 7 COMMISSIONER BELEW: What about the City 8 Attorney? 9 SHERIFF HIERHOLZER: They won't have access 10 to it. We'll have to give them view only access to some 11 things, but they won't have it in all of that. It's the 12 same exact one that Kerrville PD is using right now, and 13 she can tell you how some of that works and has to come 14 over for County offenses and, you know, County Court at 15 Law offenses and that. But it is going to change 16 things. But this is something that we have to have by 17 January 1st. 18 We worked -- Bruce is in there. We -- 19 Bruce, even John Trolinger, before he was here, tried to 20 work with Odyssey. Everybody's worked with Odyssey to 21 see if we could get it compliant, all the other counties 22 that are using Odyssey we've been working with, and they 23 finally said no, they can't do it. 24 COMMISSIONER MOSER: So the bottom line is 25 it doesn't impact the budget? 60 1 SHERIFF HIERHOLZER: It does not impact the 2 budget. It does impact how we all do business. 3 COMMISSIONER BELEW: What about -- Bruce, 4 can you come in here for a minute? What about 5 accessibility with attorneys and stuff, and security? 6 MR. MOTHERAL: From what aspect? 7 COMMISSIONER BELEW: Well, from the district 8 attorneys, the defense attorneys, different people that 9 have to access information. 10 MR. MOTHERAL: The Incode law enforcement 11 module is totally separate from our Odyssey law 12 enforcement. So in order for them to have access to 13 whatever they need, they would have to have read-only 14 access to the law enforcement module, or you would have 15 dual entry. 16 SHERIFF HIERHOLZER: They have to use two 17 different systems though now. They'll have to log into 18 it from a totally different system. And then the head 19 of law enforcement agency, me or Larry, will have to 20 give them that authority so we don't, and it can only be 21 read-only. 22 COMMISSIONER BELEW: Okay. So it'd be like 23 going into any other program. You use that program, you 24 back out of it and go into it with another one? 25 MR. MOTHERAL: Exactly. 61 1 SHERIFF HIERHOLZER: But it does affect us, 2 because like some things, you know -- and it affects the 3 Sheriff's office. Where right now Odyssey does my 4 civil, it does warrants, it does everything. Okay. 5 Case manager, we would go into it all from Odyssey. All 6 right. We just pull it up on there and it's all 7 integrated. The same person is supporting it and all 8 those different things. 9 We won't have that capability. It doesn't 10 do civil. She will not -- the clerk's office will not 11 be able to see in Odyssey that we served this civil 12 paper. Okay. We'll have to return the civil paper to 13 them and they'll have to enter that it's been served or 14 whatever. It's a totally separate system. We're no 15 longer integrated. 16 COMMISSIONER LETZ: It seems like we're 17 going backwards. 18 SHERIFF HIERHOLZER: We are. 19 COMMISSIONER BELEW: So -- and I don't want 20 to bog -- get down in the high weeds here. But when a 21 name comes up, somebody's been arrested or whatever, and 22 they have to check to see if there's a civil suit that 23 goes along with the criminal or vice verse, and they 24 have to check two different systems? 25 SHERIFF HIERHOLZER: Right. Now, this -- 62 1 COMMISSIONER MOSER: This is required by the 2 State and Federal Government, correct? 3 SHERIFF HIERHOLZER: That's right. We don't 4 have a choice. This system, once they get it done, most 5 of what's in it will dump into Odyssey as far as the 6 upgrade on -- on jail management, you know, because 7 that's where, you know, the other courts get -- get most 8 things. You get identifiers and new addresses and all 9 that kind of stuff on the Defendant from -- normally 10 from the jail. 11 COMMISSIONER BELEW: Well, let's say, for 12 example, back to the thing somebody gets arrested on 13 criminal charges, a civil -- is there something to flag 14 the prosecutor to know that there's also civil charges 15 or anything? 16 SHERIFF HIERHOLZER: No. We're just going 17 to have to -- 18 COMMISSIONER BELEW: There's no category for 19 that so they just see it in a red dot or something? 20 SHERIFF HIERHOLZER: No. 21 COMMISSIONER BELEW: No? 22 SHERIFF HIERHOLZER: No. 23 COMMISSIONER HARRIS: How long is it going 24 to take to get it set up? 25 SHERIFF HIERHOLZER: We're hoping -- they 63 1 said that they can do it. 2 SHERIFF HIERHOLZER: They will start -- the 3 new ones, we have to be able to report December's, you 4 know, one month into it, which will be December. So 5 hopefully they'll get the basics up and going by 6 December 1st so the stats will start collecting through 7 the month of December, so our first reporting can be 8 done in January. Okay. 9 But then it's going to take them another six 10 months to -- they can take what's in Odyssey now and 11 convert it over so it goes into this, okay, so that we 12 have that. But the future of what's in Odyssey after 13 that conversion will not go into this. Okay. We can 14 dump from this to Odyssey, but Odyssey will not go into 15 this. And that's the meetings with Tyler Technology 16 we've had. It's going to be a learning curve for 17 everybody. It will affect everybody. 18 COMMISSIONER HARRIS: Well, I move for 19 approval. 20 MRS. DOWDY: I have a question, Sheriff. 21 Did you say the Clerks are going to have to enter 22 something that y'all normally enter? 23 SHERIFF HIERHOLZER: Well, a lot of times if 24 we serve a warrant, it shows that it got served in case 25 manager, okay. It's not going to do that. 64 1 MRS. DOWDY: So that's an additional duty on 2 the County Clerk? 3 COMMISSIONER BELEW: Check every name twice 4 is what I'm saying to that. 5 COMMISSIONER MOSER: I'll second. 6 COMMISSIONER LETZ: Motion made by 7 Commissioner Harris, second by Commissioner Moser. 8 Sheriff, the question I have is you 9 mentioned no cost. But there's a -- it looks like 10 there's a contract cost of $4,566.00. 11 SHERIFF HIERHOLZER: That's exactly what 12 we're paying right now for Odyssey. And that will not 13 come due until next year when we normally do. That's 14 the same amount. 15 COMMISSIONER LETZ: A motion and a second. 16 Motion by Commissioner Harris, second by Commissioner 17 Moser to approve the Incode Public Safety Records 18 Management Services with Tyler Technologies. Any 19 further discussion? All in favor raise your hand or say 20 aye. Unanimous, four zero. 21 And it's a little after 10:00. Let's go 22 ahead and take a break. We have some timed items coming 23 up at 10:00 so we'll come back into session at a quarter 24 after. 25 (Recess.) 65 1 COMMISSIONER LETZ: All right, it's 10:15. 2 Call the Commissioners' Court session back in order. 3 Item 1.8 receive engineering report from the 4 developer's engineer for the Meadowbrook Retirement 5 Community Manufactured Housing Rental Community 6 Development Plan, Phase 1, located at State Highway 27 7 and Hoot Owl Road, Precinct 4. 8 We do have several speakers that would like 9 to speak on this, but first we'll hear from Mr. Hewitt. 10 MR. HEWITT: Hi. 11 COMMISSIONER LETZ: Good morning, John. 12 MR. HEWITT: Good morning. My name is John 13 Hewitt. I'm here to spoke about Meadowbrook Retirement 14 Community. Since the last submittal, the owner has 15 constructed two detention basins on the site to ensure 16 that there's no additional runoff. That the proposed 17 conditions peak flow do not exceed the existing 18 conditions peak flow. 19 He put one detention basin on the west side 20 of the property, and his property goes all the way to 21 Johnson Creek on the west side. And so those flows -- 22 there's an outflow channel that crosses State Highway 27 23 and goes along the west side of Phase 1. And he put a 24 detention pond over there to make sure that there's no 25 extra flow. 66 1 I've got some numbers for you. The existing 2 flow is 871 CFS for a hundred year event. His proposed 3 conditions flows increased that number to 930 CFS. So 4 he built a new detention pond in there that's about four 5 feet deep. It has a storage volume of 50,411 cubic 6 feet. 7 The 24-inch drain pipe that comes out of 8 there, and after the flow is routed through the 9 detention pond, his proposed conditions flow is 868 CFS. 10 So there's a decrease from existing conditions 11 associated with that. 12 So if he -- he spent money to build that 13 detention pond and that has ensured that the flows for 14 the proposed conditions are less than existing 15 conditions. He's got a rock rip-rap on the outside of 16 that pond to make sure that the flows are not excessive 17 coming out of there. 18 I think there about six or seven CFS -- or 19 feet per second coming out of there, and so there's no 20 scour coming out of that rock rip-rap. That again, 21 there's no private property between his property and the 22 Johnson Creek property on the west side. 23 COMMISSIONER LETZ: Okay. 24 MR. HEWITT: In addition, on the east side 25 of his property he took out one of his lots and put in a 67 1 detention pond on the east side also. The existing 2 conditions flow on that side was 29.9 CFS. After he put 3 in the roads and the additional impervious cover, that 4 increased to 58 CFS. After he put in the detention 5 pond, that number went down to 27 CFS. 6 So again, the proposed conditions are less 7 than the existing conditions on the east side. That 8 particular basin is four feet deep with a storage volume 9 of 26,981 cubic feet. Again, there's a 24-inch 10 discharge pipe that drains that basin, and that 11 discharges onto a rock rip-rap area to slow down the 12 velocity to ensure that there's no erosion coming out of 13 that pond. 14 In both basins we provided a safety factor 15 and in detention ponds that's call freeboard. So in 16 both cases we have at least a half a foot in the ponds 17 just -- just as a safety factor. So the numbers show 18 that the increase -- there is no increase in -- in flow 19 coming out of either pond, and there is a little safety 20 factor in both ponds. 21 COMMISSIONER MOSER: So John, so those were 22 for hundred year events, and -- 23 MR. HEWITT: That's correct. 24 COMMISSIONER MOSER: So now -- if the -- and 25 I'll ask you a question, maybe you know the answer, 68 1 maybe you don't. So for the freeboard that you have, 2 what will be an equivalent increase in the probability? 3 Would it go from just taking up the freeboard, would it 4 go from a hundred year event to a two hundred year event 5 or 175-year event? 6 MR. HEWITT: Yeah, I -- I don't -- we didn't 7 do those calculations. 8 COMMISSIONER MOSER: But you could do that. 9 It would be interesting. 10 MR. HEWITT: Yeah. 11 COMMISSIONER MOSER: I mean, it's good what 12 you've done. And is a hundred year the criteria -- and 13 Charlie's out there. A hundred year is the criteria by 14 with which you do that or you do -- 15 MR. HEWITT: Five, ten, and a hundred per 16 County criteria. 17 COMMISSIONER MOSER: What's that? 18 MR. HEWITT: Five-year, ten-year, and a 19 hundred year. 20 COMMISSIONER MOSER: So -- but which -- 21 which criteria -- so a hundred year is the maximum? 22 MR. HEWITT: A hundred year set the size of 23 the ponds. But I have numbers for the five and the ten 24 as well. 25 COMMISSIONER MOSER: That's -- that's okay. 69 1 So a hundred year is what's been done in other places in 2 the County. So this is consistent with the criteria 3 used in the County and other places? 4 MR. HEWITT: Correct. 5 COMMISSIONER MOSER: Okay. And in addition 6 to that you still have freeboard? 7 MR. HEWITT: Yes. 8 COMMISSIONER MOSER: Okay. Good. 9 Fantastic. Good report. 10 COMMISSIONER HARRIS: That was good. 11 COMMISSIONER LETZ: Question. You mentioned 12 on the -- are these detention structures accounting for 13 you know, all of the water that will be coming off this 14 development? 15 MR. HEWITT: Yes. All the water is routed 16 these two ways through these ponds. 17 COMMISSIONER HARRIS: Are they complete yet 18 or -- 19 MR. HEWITT: Almost complete. 20 COMMISSIONER HARRIS: Almost. Okay. All 21 right. 22 COMMISSIONER MOSER: Good. 23 COMMISSIONER HARRIS: Because I know some of 24 the smaller rains we've had, I mean, there was a good 25 many complaints. 70 1 MR. HEWITT: Yeah. They were not complete 2 at that point. 3 COMMISSIONER HARRIS: Yeah. Exactly. 4 MR. HEWITT: That's correct. 5 COMMISSIONER MOSER: Okay. Good. 6 COMMISSIONER BELEW: So this will not change 7 what has been, what people expect to get there. It will 8 remain the same pretty much. 9 MR. HEWITT: Correct. 10 COMMISSIONER MOSER: Okay. Very good. 11 Thank you, John. 12 COMMISSIONER LETZ: We have three 13 individuals that have signed up to speak on this item. 14 First Aubrey Henderson. 15 COMMISSIONER MOSER: Hey, Charlie, why don't 16 you get John to come around there, too, with you in case 17 there's a question. 18 COMMISSIONER LETZ: Remember, this is a 19 non-action item. 20 COMMISSIONER MOSER: I know, but just a 21 discussion. 22 COMMISSIONER LETZ: Good morning. 23 MR. HENDERSON: Can I add something else, 24 Jonathan? 25 COMMISSIONER LETZ: Sure. 71 1 COMMISSIONER HARRIS: Aubrey, were you able 2 to hear what -- 3 MR. HENDERSON: A little bit. A little 4 bit. But that's okay. I'm not here to -- to yes or no 5 or anything else. It is these pictures -- Yeah. Give 6 it to them up there. To that man out there. He can 7 follow me too if he wants to, or he can look at John's 8 or whatever. 9 These are pictures that are taken from the 10 south side of the property from Miss Heavin's where the 11 water is going to end up going. And what he was just 12 saying, the engineer that was just here, I guess that's 13 who it was, just said all the water has been routed to 14 those ponds. Is that right? Isn't that what he said 15 awhile ago? 16 COMMISSIONER MOSER: Yes. 17 COMMISSIONER LETZ: Yes. He said all the 18 water on the property has been -- 19 MR. HENDERSON: Okay. Go back -- go back 20 to the picture -- and I won't be long -- on Highway 27 21 where it says five by seven. There's -- there's where I 22 was talking about before where the 5,000 acres is going 23 to drain from Rocky Ford Ranch. 2,500 is going to go to 24 Henderson Branch and ending up in Johnson Creek a 25 different way. 72 1 2,500 to 3,000 is coming through that hole 2 right there. I know we talked about it before that's 3 been over the road. That water is going that direction 4 where these ponds are going to go. Okay. Look at what 5 we've done on the ponds. We hadn't concreted them or 6 nothing. 7 Look at where the fence line, they have put 8 the dirt -- there's no way they've moved off of their 9 eight to ten foot. Jonathan, you know from experience 10 that if we don't pack that dirt, Ingram Dam when it 11 flooded, it washed out the spillway. This is going to 12 wash out all that dirt. It's kind of like putting a 13 Band-Aid on something. 14 Where all that white rock is, that's an 15 18-inch, or maybe Mr. Hewitt can say a 24-inch culvert, 16 whatever it is there. And that's supposed to supply the 17 water, the overflow. So what you have done, guys, 18 you've turned the water all on Miss Heavin's. 19 I'm not here to say right or wrong. But 20 what you've done is you've turned all the water that 21 used to go the other direction, it used to go between 22 Field A and Field B. There was 200 feet that went 23 direct to Johnson Creek. You've turned all this water 24 to these ponds. Now are we're trying to catch all of 25 it? Then why did we put this culvert in? When it 73 1 overflows, it's going to go on Miss Heavin's, her pecan 2 bottom and her grass bottom. If that water gets up, 3 it's going to cut a ditch in between there and 110 feet 4 by Johnson Creek. All this stuff that we're catching, 5 oil, everything, is going to go in that pond. 6 Harley, is that right? Would you go along 7 with that? 8 COMMISSIONER BELEW: Sure. 9 MR. HENDERSON: Everything. Everything. 10 Good or bad or anything is going to be in that pond. 11 COMMISSIONER MOSER: For a hundred year -- 12 for a hundred year rain. 13 MR. HENDERSON: It's five, it's seven, 14 whatever. Whatever it is. 15 COMMISSIONER MOSER: He said -- he said it 16 was designed for a hundred years. 17 MR. HENDERSON: I know, I heard that. I 18 heard that. Yes. Yes. But if we have a flood, Tom -- 19 if we have a flood across this, I told you before and 20 I'm going to tell you one more time. If we have a 21 rain, we're just going to say five to seven. But if we 22 have a tropical storm -- and I told you forget Johnson 23 Creek on this problem. Completely forget it. I told 24 you where your problem is going to lie is going to be 25 from the other side of Highway 27, coming through this 74 1 culvert. And it's been over Highway 27 because it 2 rained too much. 3 We all know that the Texas Hill Country has 4 rocks. If we get a 15 or 20-inch rain on the north 5 field of the Rocky Ford Ranch over there across the 6 road, half of it from Interstate 10 goes the other 7 direction. Everything on Interstate 10 comes this 8 direction. Half of it goes to Henderson Ranch, a 9 different valley. The other part comes to here. It all 10 comes right here. 11 So what I am saying is, it doesn't have to 12 be a tropical storm to get this property flooded. And 13 it doesn't take a rocket scientist to figure that this 14 pond will fill up. Why did we put a culvert in? 15 Because it is going to get up that high. Look at the 16 pictures. It's going to get up so it's going to 17 overflow. Is that right? 18 COMMISSIONER LETZ: Aubrey, I have a 19 question for you. 20 MR. HENDERSON: Yeah. 21 COMMISSIONER LETZ: The question is where -- 22 MR. HENDERSON: That's probably -- that's 23 Highway 27. 24 COMMISSIONER LETZ: Where is this culvert in 25 relation to this picture? 75 1 MR. HENDERSON: Coming straight through. 2 Highway -- the one in your right hand, that's Highway 3 27. 4 COMMISSIONER LETZ: Right. So what's this? 5 MR. HENDERSON: Okay. That's Highway 27 in 6 between the entrance of the property and the other side. 7 It's a valley that comes all the way through the 8 property. But what we did before is we channeled that. 9 The man that had it before had planted coastal and he 10 had between the Field A and Field B, he had it channeled 11 and fixed right where it would go straight to Johnson 12 Creek. No problems. 13 Remember last time I told you about the 14 terraces? There was five terraces in that field. We 15 all know what they were. What was that to do. We knew 16 that the water would come that way and it would slow 17 down. We would see water for two or three days. It 18 would be all in those terraces and then it would soak in 19 the ground. It was designed that way. 20 When we cultivated. We planted fields. 21 Jonathan knows that from agriculture. We know that. 22 But now we've wiped all those terraces out. We changed 23 the flow. So here we are. Right here. We're right up 24 against Miss Heavin's fence right here. High fence. 25 And that water is going to overflow and it's going to go 76 1 straight to Johnson Creek. 2 But what's happened is, I mean I would have 3 thought, you know, that they would have concreted it. 4 Because this is not going to hold. This will not hold. 5 COMMISSIONER BELEW: You don't want it to 6 stay there, you want it to soak in. 7 MR. HENDERSON: No, but I'm saying the 8 dirt, Harley. I'm saying the dirt tank itself. I don't 9 know if they -- he can ask me. He -- did they seal it? 10 Maybe they put bentonite in and they sealed the bottom 11 of it. But the bought line is, this thing will fill up. 12 We know that that water -- we get a lot of rain, it will 13 fill these ponds up that quick. We're going to have 14 overflow. So all that's going to go to Johnson Creek. 15 But we got a dirt -- we have dirt. Put some rocks 16 around the culvert and all that. 17 COMMISSIONER MOSER: Wait. Let me -- just 18 listen to what John's calculation said. That pond will 19 hold water for a hundred year event. 20 MR. HENDERSON: Well, I disagree on that. 21 COMMISSIONER MOSER: Well, I'm just saying, 22 I'm -- 23 MR. HENDERSON: I understand. I'm 24 listening. I'm just -- 25 COMMISSIONER MOSER: So that's what his 77 1 analysis says, okay. 2 MR. HENDERSON: Correct. 3 COMMISSIONER MOSER: That's what they sized 4 it to. So can -- can we hear from John on that? To 5 address that? I mean -- sounded like your experience is 6 inconsistent with what John's analysis is. Okay? 7 MR. HENDERSON: Right. 8 MR. HEWITT: You want me to come over there 9 or -- 10 COMMISSIONER MOSER: Yeah. 11 COMMISSIONER BELEW: Come over here. 12 COMMISSIONER HARRIS: Step outside for a 13 minute, Aubrey. 14 MR. HEWITT: So I agree with the gentleman 15 that there's a lot of flow that comes through State 16 Highway 27, that channel. So much flow that we didn't 17 route any of that through the pond because we could not 18 contain that much water. So we kept that flow coming 19 through there separate from our pond. And we over 20 detained on the area that's coming through our site 21 through the pond, and left that area separate. So he's 22 right. We couldn't route all that water through our 23 pond, it would blow that pond out. 24 COMMISSIONER MOSER: Right. Okay. 25 MR. HEWITT: So that's a good point. And 78 1 there's a lot of water that comes through there and we 2 kept it separate from our pond. 3 COMMISSIONER BELEW: So where is it going? 4 MR. HEWITT: In its own channel. It goes 5 straight to Johnson Creek; not through our pond. So 6 it's an off-site channel that continues through site but 7 does not go through the pond. The pond takes the runoff 8 from the site, over detains that, to -- to compensate 9 for any other impervious cover on the site. So that 10 19-inch -- 11 COMMISSIONER MOSER: So if the site wasn't 12 there, that's the way that flow would go. 13 MR. HEWITT: And we kept that flow going 14 through there because it's -- it's impossible or it 15 would be very costly to take all that water that's 16 running across State Highway 27. And he's right, that's 17 a lot of water through there. We could not have run 18 that through our pond. So it's not going through there. 19 COMMISSIONER BELEW: Is your pond going to 20 have anything to seal it? 21 MR. HEWITT: No, we don't want -- we want 22 that water to soak in. Yeah. 23 COMMISSIONER BELEW: Well, it was brought up 24 so. Okay. Here's what I think. I think it's going to 25 flood no matter what. Because that's the Hill Country. 79 1 It's going to flood no matter what. Retention pond, no 2 retention pond, it's going to flood. And we're going 3 to -- 4 COMMISSIONER MOSER: Based on what analysis, 5 Harley. 6 COMMISSIONER BELEW: Sir? 7 COMMISSIONER MOSER: So you do not believe 8 the analysis? 9 COMMISSIONER BELEW: I believe the analysis 10 is accurate to a point, and I believe -- 11 COMMISSIONER MOSER: It's accurate for a 12 hundred years. 13 COMMISSIONER BELEW: -- that Henderson's 14 experience is accurate to a point, but we always have 15 those floods that surprise us. And regardless of how 16 much you plan for it, we all know, if you're on your way 17 home and this low water crossing is already starting to 18 flood, you ain't going to make it all the way to the 19 house. We all know that stuff. You know how to measure 20 it. We all know that. You've seen it for years. You 21 get to a certain low water crossing, it's already coming 22 across there, you might as well go back and stay at the 23 YO tonight. 24 MR. HENDERSON: Yeah. And the safety factor 25 of this project is if it does come down, like -- and I 80 1 told you this before, most people are cut off. I want 2 that to go on record. That -- that if that water does 3 come five or seven feet underneath the channel on 4 Highway 27 and it comes through there, which I have seen 5 numerous times, it has been over Highway 27. That is a 6 fact. That much water is cut off, you cannot get 7 through there. But those people will be cut off. 8 Because you will not be able to get them from Johnson 9 Creek to go around and get them across the creek. 10 We'll be up bright and early. And you will 11 not be able to go down off of Highway 27 to get them 12 because the ravine is coming from Highway 27, which is 13 the Rocky Ford Ranch cutoff. I want that to be on 14 record because that is another factor. And if that's 15 the case, then you need to build a bridge down there for 16 the people to get -- the old people to get out. It's 17 pretty simple, you know. But I'm going to leave you 18 with this. I know Rusty's been here a long time. A lot 19 of us have been here a long time. You can do anything 20 on your property probably that you want to in Kerr 21 County. We're real lax. Maybe we need to revisit some 22 of that later on to find out. But you cannot all of a 23 sudden put this pond right next to the fence and turn 24 the water. Because if the pond gets so far up, and he's 25 right, but he will have overflow. So why even put the 81 1 culvert in. So you have turned the water onto Miss 2 Heavin. You have redirected it. Nobody wants to come 3 home. 4 Rusty, in Bear Creek doesn't want to come 5 home when his neighbor built a pond and put a culvert in 6 and this project is six inches from the fence. Nobody 7 wants to come home. His wife, your wife or anybody else 8 would be, what have they done, honey? And that's what 9 I'm going to leave you with, gentlemen. 10 Be careful. Because it's opened yourself up 11 to lawsuits. I'm not part of it, but I'm just telling 12 you. The ladies that are going to come here in a 13 minute, they have the property next to it. I do not. 14 But you cannot turn the water, Jonathan, and you know 15 that, onto somebody else for benefit. 16 COMMISSIONER LETZ: The question is of 17 Mr. Hewitt, did that water -- did you change the flow of 18 the water off the property? Can you come in? I'm 19 having you walk back and forth. 20 COMMISSIONER LETZ: Did you change the 21 direction of the water? 22 MR. HEWITT: So there's two -- the off-site 23 channel is going through just like it always has. The 24 one that goes under State Highway 27. And the other 25 thing to point out is that five by seven culvert maybe 82 1 can carry a 10 or 25-year storm. It can't carry a 2 hundred year storm across State Highway 27 as it is 3 today, regardless of if they're was any development 4 downstream of that. 5 The other question is, did we change the 6 water direction? No, we did not. It goes off on Mr. -- 7 or Chris Mundahl's property. It goes onto his property, 8 straight into Johnson Creek. 9 COMMISSIONER LETZ: I mean, the property and 10 then fills the culverts on the fence? 11 COMMISSIONER HARRIS: Yeah, this is like 12 looking down a gun barrel from the other side of the 13 fence. 14 COMMISSIONER MOSER: Well, but the question 15 is, does -- you still leave the development or it leaves 16 the develop -- where it's leaving the development 17 before, it's -- 18 MR. HEWITT: Is where it's at today. 19 COMMISSIONER MOSER: -- it's still in the 20 same -- that was your question, was it not? 21 COMMISSIONER BELEW: So the idea of 22 litigation is to not make things worse. To keep them 23 the same. Not to redirect or anything else. Just to 24 keep problems from happening. 25 COMMISSIONER MOSER: But -- so he's saying 83 1 they're leaving it the same place they were before. 2 MR. HEWITT: That's correct. 3 COMMISSIONER HARRIS: So this would be the 4 same, right? 5 MR. HEWITT: That's right. 6 COMMISSIONER HARRIS: Where it would flow 7 anyway. 8 MR. HEWITT: That's right. 9 COMMISSIONER LETZ: All right. Thank you, 10 Aubrey. 11 COMMISSIONER MOSER: Thank you. 12 COMMISSIONER BELEW: I don't think you can 13 do enough. It's still going to flood. Everything's 14 going to flood. 15 COMMISSIONER LETZ: Okay. Next we have 16 Glenna Heavin. 17 MS. ELLSWORTH: Glenna is not going to 18 speak. It's -- she said she would not speak today. 19 COMMISSIONER LETZ: Okay. You're Melanie 20 Ellsworth? 21 MS. ELLSWORTH: Yes. 22 COMMISSIONER LETZ: Can you give your name 23 and address, please? 24 MS. ELLSWORTH: Melanie Ellsworth, 230 25 Dowling Road. I mean, I think we've kind of -- I've 84 1 listened to the conversation, and I think if you have a 2 big -- it's gonna -- if you have a big flat piece of 3 property and you have this rain that's on this property, 4 and it comes off at the same rate, what he's done is 5 it's the same rate but we have channeled it into a 6 culvert, right? It's the same rate overall, but it's 7 going to all come out through one hole. Does that make 8 sense? 9 COMMISSIONER MOSER: Uh-huh. Uh-huh. 10 MS. ELLSWORTH: So -- 11 COMMISSIONER BELEW: Is it just one? 12 MS. ELLSWORTH: Yes. And -- 13 COMMISSIONER MOSER: On the frontage or 14 extension pond? 15 MS. ELLSWORTH: Well, when John Hewitt was 16 up here, he said the west side and the east side. He 17 purposely made a point to say the west side there's -- 18 it's -- the property goes to Johnson Creek. And there's 19 no private property between the development and Johnson 20 Creek. 21 When he talked about the second pond, which 22 is the east side, there is property between Johnson 23 Creek and the development. You understand that? So 24 we've got two ponds. So we're talking about the east 25 pond is going to go in a pond and it's going to all 85 1 channel and have a culvert that's going to dump onto 2 Glenna Heavin's property. 3 Now, if we have a big flat piece of paper, 4 and you dump water on it, that water is all going to run 5 off the paper, it's -- it's going to spread out. But if 6 we take a -- a pond and -- build a pond and then put a 7 culvert, all that water is not going to disperse evenly 8 now, it's all going in one place. Do -- does that make 9 sense? 10 COMMISSIONER MOSER: Yeah. Uh-huh. 11 MS. ELLSWORTH: So that's -- that's the 12 concern. And I didn't have time, it was too cold, I 13 thought about it last minute to go in the river and get 14 down and dig up the quart jar of caliche that's there 15 from the last runoff. I usually get in, you can walk 16 down, it's usually a rock bottom, now it's -- there's 17 about a 12-inch sludge for a pretty good distance 18 because -- from the last problem we had, which hasn't 19 been cleaned up. This will happen again. It won't be 20 caliche after the building, but it possibly might be the 21 bottom of this retention pond that dirt will come 22 through the culvert and go down. 23 So on paper it looks great. And the numbers 24 say we -- you know, we have this number and now we have 25 this number, and the number's not changed but we've 86 1 funneled it all in one place and I'm with Aubrey. It's, 2 you know, between Glenna Heavin and the development, but 3 at some point, it doesn't make sense if your neighbor 4 built a pond and put all the water coming out and dump 5 it on -- because what will happen to Glenna's property 6 is it will make a new -- 7 COMMISSIONER MOSER: Erode. 8 MS. ELLSWORTH: Yeah. Yes. 9 COMMISSIONER MOSER: So let me ask John a 10 question. John, the -- in the old -- before the 11 development, the water was leaving at a certain -- so 12 many cubic feet per second, but it was at a low velocity 13 because it was spread out. 14 MS. ELLSWORTH: Exactly. 15 COMMISSIONER MOSER: Okay. Now, it's 16 leaving at the same flow rate, so many cubic feet per 17 second, but it's through an orifice which is higher 18 velocity than what it was before. What is the criteria 19 for the velocity leaving one property going to another? 20 Is there a criteria for that? 21 COMMISSIONER BELEW: Maybe you should ask 22 the County Engineer that. 23 COMMISSIONER MOSER: Well, I'm asking an 24 engineer. He designed it. 25 COMMISSIONER BELEW: Well -- 87 1 MR. HASTINGS: Six to eight feet per second. 2 COMMISSIONER MOSER: Huh? 3 MR. HASTINGS: Six to eight feet per second. 4 What is the criteria for storm -- storm drain flow. 5 COMMISSIONER MOSER: Okay. So you can -- 6 hypothetically, you can go from one foot per second, if 7 that's what it was before spread out, and you've -- now 8 you've changed the -- you keep the same flow rate, okay, 9 so many cubic feet per second, but you've driven it 10 through an orifice so now you can increase it to six to 11 eight feet per second? 12 MR. HASTINGS: Yes, sir. 13 COMMISSIONER MOSER: Okay. 14 MS. ELLSWORTH: And what was the number that 15 he predicted that it would come out on a flood? 16 MR. HEWITT: Seven. Seven feet per second. 17 COMMISSIONER BELEW: Right in between. 18 COMMISSIONER MOSER: So -- but it -- but 19 you're right. It's a higher velocity than it was 20 before. But it's meeting some criteria. That's the 21 reason I asked the question. What's the criteria that 22 they have to adhere to, and it's six feet -- between six 23 and eight feet per second. 24 MS. ELLSWORTH: Okay. 25 MR. HEWITT: We try to put large rip-rap to 88 1 slow it down when it comes out of that seven feet per 2 second before it gets off-site to even slow it down 3 further. 4 COMMISSIONER MOSER: So is this fence on 5 the -- is that the edge of the site? 6 MR. HEWITT: Close. 7 COMMISSIONER MOSER: Because that rip-rap 8 doesn't have a lot of ripping to rap? 9 MS. ELLSWORTH: I think on a really big one, 10 I think all that rock is going to be on Glenna's 11 property. But I could be wrong. So I -- I'm just here 12 to raise the question. Earlier, you said you're the 13 eyes and ears on the ground. That's what I am. I was 14 just -- I'm just trying to bring it to your attention 15 that it might be right, it might not. I mean, maybe -- 16 maybe it will. 17 I -- I'm concerned that if tomorrow we got a 18 really big rain. We got a one-inch rain and had all 19 that caliche in the -- if we have a one-inch rain 20 tomorrow, all that mud that's in the bottom of that pond 21 right now will be in Johnson Creek. 22 COMMISSIONER BELEW: But that's going to be 23 temporary because the work's just been done. 24 MS. ELLSWORTH: Right. 25 COMMISSIONER BELEW: Over time that'll wash 89 1 away. 2 MS. ELLSWORTH: Right. But I mean -- 3 COMMISSIONER HARRIS: Well, there's not much 4 say in the interim. 5 MS. ELLSWORTH: Well, I'm not -- I mean, I'm 6 just saying long term it's -- it just -- I'm not -- I'm 7 just questioning to make sure it's right. And, I mean, 8 if the numbers are right, the numbers are right. I'm 9 just -- I'm here to just go on record and say I'm -- I'm 10 concerned that this might not be legal, I don't know, 11 maybe it is. That's for another day. 12 COMMISSIONER MOSER: I have one other 13 question for John, if I may. On the -- where the flow 14 comes out of the pond to the east, that's what this is, 15 right here, okay, where it comes out of the culvert, or 16 the drainpipe, if there's no rip-rap between that and 17 the fence, which I assume is the edge of the property, 18 is that correct? 19 MR. HEWITT: Yeah. But this is -- they're 20 not finished. I mean, this is a work in progress. 21 There will be more rip-rap between that outlet and the 22 fence to slow it down. 23 COMMISSIONER MOSER: What's the distance 24 between the outlet and the fence? 25 MR. HEWITT: 15 feet. I'd have to go check 90 1 and see. 2 COMMISSIONER MOSER: Something like that? 3 MR. HEWITT: Yeah. There will be more 4 rip-rap. I would point out that the developer wants to 5 be a good neighbor. And if there's an issue, he'll go 6 take care of it. He has -- he's done everything he's 7 been asked to do at this point. 8 COMMISSIONER MOSER: Okay. 9 COMMISSIONER LETZ: I guess the question I 10 have of the -- debris is going to be coming through that 11 culvert. I mean, native grass, stakes, whatever. It's 12 going to blow that fence out. I mean that's my 13 experience when I look at that picture. What 14 accommodation or -- there's lot of different kinds of -- 15 there's water gaps, things of that nature to mitigate 16 that and still it may flood. Who knows what happens. 17 But that current situation, to me, that fence isn't 18 going to stay there long. 19 MR. HEWITT: Yeah. Well, he's here. You 20 might want to have him come speak directly to that. 21 COMMISSIONER MOSER: Good point. 22 COMMISSIONER BELEW: Are you -- are you 23 saying in this picture, John, there's 15 feet between 24 the fence and from the back here to the culvert? 25 MR. HEWITT: (Shakes head yes.) 91 1 COMMISSIONER BELEW: Doesn't look like it. 2 MS. ELLSWORTH: No, it's not. That -- that 3 culvert -- the edge of the -- 4 COMMISSIONER BELEW: It looks like it's 5 right up on there. 6 MS. ELLSWORTH: Yeah, it is right up on it. 7 I didn't -- I didn't go -- no, the culvert is 8 literally -- the bottom slant of the culvert is, I'd 9 say, a foot to the fence. The fence. I mean -- 10 COMMISSIONER BELEW: And this is his 11 property on this side? 12 MS. ELLSWORTH: This is Glenna Heavin's. 13 COMMISSIONER BELEW: Glenna Heavin's 14 property on this side? 15 MS. ELLSWORTH: Right. 16 COMMISSIONER BELEW: I don't think they can 17 be doing this, can they? Really? 18 MS. ELLSWORTH: No. 19 MR. HEWITT: Well, let's -- let's have Mr. 20 Mundahl speak to that. 21 MS. ELLSWORTH: I mean, if this went up on 22 your -- if this was your neighbor -- 23 COMMISSIONER HARRIS: Well, I -- it looks 24 like you're looking down a gun barrel. 25 MS. ELLSWORTH: Yeah. Yeah. I just -- 92 1 COMMISSIONER HARRIS: Close. 2 MS. ELLSWORTH: -- I mean the -- the breach 3 in the silt fence was the issue because basically we had 4 all the water and now we've pretty much replaced the 5 breach in the silt fence with the culvert. And you put 6 a lawn chair and some twigs in there and then it's -- 7 you know, you got a lot of problems. The fence comes 8 out. Anyway -- 9 COMMISSIONER MOSER: Thank you. 10 COMMISSIONER BELEW: I agree with Jonathan. 11 I think this is going to be filled up with debris and 12 there's going to be flooding on the opposite side. And 13 then there going to need to -- 14 COMMISSIONER LETZ: The question -- the next 15 one that's going to come up is on Mrs. Heavin's side, or 16 Heavin, is that how you say it? On her side, how far is 17 the culvert out of the detention pond from the fence, 18 and could anything be done to keep that fence from being 19 blown out in a any kind of -- 20 MRS. STEBBINS: Can you identify yourself 21 for the court reporter; please. 22 MR. MUNDAHL: I'm Chris Mundahl, and I'm 23 with Ingram Oaks and the Meadowbrook Subdivision you're 24 talking about. 25 COMMISSIONER LETZ: Right. 93 1 MR. MUNDAHL: Or retirement community. 2 Yeah, that -- the original construction, that was going 3 to be a lot there, and we were going to have those 4 spread out velocities or flows across that area. And 5 then when we had to switch to a zero impact, now we had 6 to create a detention pond and now, you know, standard 7 engineering is to have that culvert pipe in there. 8 We can do something -- I was listening to 9 the story. And we can probably take that pipe and move 10 it back into the detention pond and then broaden it out 11 and run it through a, you know, a series of rip-rap to 12 just really slow that velocity down. Because we 13 honestly don't want any damage to the neighbors. 14 And the fence right there, we might be able 15 to put in a piece of the fence. It's our deer fence 16 that's there. 17 COMMISSIONER MOSER: Okay. 18 MR. MUNDAHL: And we can -- we'll repair it 19 all the time. But we could put one of those blowout 20 bottom pieces that rotates and go back and fix it every 21 time. I mean, at the other property we have severe rain 22 events and so forth and we have to fix -- that's just 23 part of our repairs and maintenance. 24 COMMISSIONER HARRIS: I think their biggest 25 concern, and I'd say, you know, they have those pecan 94 1 trees right there on the other side. And it ends up 2 with a new gully or whatever through the middle of -- 3 you know, those pecan trees. 4 MR. MUNDAHL: Yeah. We really -- we really 5 liked the first original design. Just we had some 6 pretty strong rain and we had the silt fence up and it 7 made the pond appearance, and it was -- it looked 8 horrible. But that's not the way it's going to be at 9 the end. 10 And we wish we could have kept the first 11 one. We spent a lot of money, we lost a month of 12 construction re-engineering and reshaping everything. 13 But if you -- if you look at our projects, we'll -- 14 we'll take care of that. We don't just build it and 15 forget about it and let people tear it up. We own it 16 and possess that and we maintain it and enforce all the 17 restrictions and so forth so. Be a highly restricted 18 retirement community. And so -- 19 COMMISSIONER MOSER: Well, what you're 20 saying is you've moved the culvert exit further away 21 from the fence, so you've reshaped the dam part of the 22 retention pond, okay, so it flows -- it has more room to 23 decrease the velocity by running it over -- over baffles 24 essentially. 25 MR. MUNDAHL: Sure. 95 1 COMMISSIONER HARRIS: And before it gets to 2 the neighbors. 3 MR. MUNDAHL: It will be a rip-rap. I 4 mean, the white rip-rap looks pretty good versus just a 5 flat piece of concrete. 6 COMMISSIONER MOSER: Yeah. And I call them 7 baffles, but that's what they are. 8 MR. MUNDAHL: Yeah. Yeah, we'll be glad to 9 do that. We've already done everything we've needed to 10 do or been requested of, and we're not at the end of it 11 on the work. We're willing to work with everybody. 12 And that sediment that she's talking about, 13 is up at the north end -- at the west end of the Johnson 14 Creek, too. It's -- it's all the way upstream. So that 15 sediment comes in there, you have a nice gully-washer, 16 it flushes it out, and it starts to build up. That -- 17 that foot of it or whatever, I'd have to argue that. 18 But I'm -- everybody knows that that -- 19 COMMISSIONER LETZ: Okay. Any other 20 questions for Mr. Mundahl? 21 COMMISSIONER MOSER: Thank you. 22 COMMISSIONER LETZ: Thank you. All right. 23 That's just -- we received the information. No action 24 on it at this time. 25 We'll move on to Item 1.9 consider, discuss, 96 1 and take appropriate action for the Court to approve an 2 Amending Plat of Falling Water Lots 108 and 109, Volume 3 7, Pages 75-76, Precinct 3. Mr. Hastings. 4 MR. HASTINGS: Thank you, sir. The well 5 site was shown incorrectly on the original plat and the 6 amended plat corrected that error. The County Engineer 7 requests the Court approve an amending plat of Falling 8 Water Lots 108 and 109, Volume 7, Pages 75-76, 9 Precinct 3. 10 COMMISSIONER LETZ: I'll move we approve the 11 amending plat as presented. 12 COMMISSIONER BELEW: I'll second that. 13 COMMISSIONER LETZ: Second from myself -- I 14 mean a motion by myself and second from Commissioner 15 Belew. Any further discussion? All in favor raise your 16 hand or say aye. Unanimous, four zero. 17 Item 1.10 consider, discuss, and take 18 appropriate action for the Court to set a public hearing 19 for 10:00 a.m. on December 14th for revision of plat of 20 Verde Park Estates, Section 3, Lot 2, Volume 6, Page 93. 21 Precinct 2. 22 MR. HASTINGS: This proposal subdivides 23 Verde Park Estates Section 3, Lot 2. It's currently 24 6.47 acres, into two lots. Lot 2A will be 1.46 acres 25 and Lot 2B will be 5.01 acres. Property access and road 97 1 frontage to both lots will be on Tremper Trail. 2 County Engineer requests the Court set a 3 public hearing for 10:00 a.m. on December the 14th, 2020 4 for a revision of plat for Verde Park Estates Section 3, 5 Lot 2, Volume 6, Page 93. Precinct 2. 6 COMMISSIONER MOSER: So move. 7 COMMISSIONER HARRIS: Second. 8 COMMISSIONER LETZ: Motion from Commissioner 9 Moser, second from Commissioner Harris to set a public 10 hearing for Verde Park Estates Section 3, Lot 2, Volume 11 6, Page 93, at 10:00 a.m. on December 14th. Any further 12 discussion? 13 COMMISSIONER BELEW: I have a question about 14 access. You said they're both going to have access from 15 the same road? 16 MR. HASTINGS: Yes, sir. 17 COMMISSIONER BELEW: Is there enough? 18 MR. HASTINGS: Yes. Yes, sir. They have 19 enough space on both of them. And this lot wraps all 20 the way around. I believe they've already got one. 21 COMMISSIONER BELEW: So it's going to be 22 here? And there's enough for that -- that road and that 23 speed? 24 MR. HASTINGS: Yes, sir. They -- 25 COMMISSIONER BELEW: It's 50 feet? 98 1 MR. HASTINGS: They've got more than 150 2 foot frontage per -- total, both lots. 3 COMMISSIONER BELEW: Well, I meant -- I said 4 50, I meant 150. 5 COMMISSIONER MOSER: This is just -- 6 COMMISSIONER BELEW: Yeah, I know. 7 COMMISSIONER LETZ: All in favor raise your 8 hand. Approved. Four zero, unanimous. 9 Item 1.11 public hearing for revision of 10 plat for Elm Pass Ranch No. 2, Tract 36A, Volume 6, Page 11 248. Open to public hearing. 12 SHERIFF HIERHOLZER: There's nobody out 13 here. 14 COMMISSIONER LETZ: Thank you, Sheriff. The 15 record shows there's no one here for the public hearing. 16 We'll move on to Item 1.12 consider, discuss 17 and take appropriate action for the Court to accept 18 Crooked Creek Path, 0.69 miles long, for County 19 maintenance out of Crooked Creek Estates subdivision, 20 File No. 18-07961, Precinct 4. 21 MR. HASTINGS: Thank you. Record drawings 22 prepared by Hewitt Engineering were received on October 23 the 17th, 2018, for the construction of Crooked Creek 24 Path, 0.69 miles long, out of the Crooked Creek Estates 25 Subdivision. The plat was subsequently filed on 99 1 December the 10th, 2018, that's File No. 18-07961, and a 2 one-year maintenance bond was secured. Before the 3 expiration of the maintenance bond, a final walkthrough 4 was conducted on November the 1st, 2019 with 5 deficiencies noted, sweeping of loose gravel, cleaning 6 of silt in drainage ditches and installation of object 7 markers for the road culvert in front of Lots 12, 17 and 8 18. 9 All deficiencies were promptly addressed; 10 however, the object markers were substandard, i.e., they 11 were glued down instead of driven into the subgrade. 12 The said substandard object markers were replaced with 13 standard object markers on October the 30th, 2020. 14 Hence, the road, traffic signs, and associated drainage 15 is in compliance with the approved construction plans. 16 The County Engineer recommends that the 17 Court accept Crooked Creek Path, 0.69 miles long for 18 County maintenance, out of the Crooked Creek Estate 19 Subdivision, File No. 18-07961, Precinct 4. 20 COMMISSIONER HARRIS: I move for approval. 21 COMMISSIONER MOSER: Second. 22 COMMISSIONER LETZ: Motion from Commissioner 23 Harris, second by Commissioner Moser to accept Crooked 24 Creek Path, 0.69 miles long for county maintenance out 25 of the Crooked Creek Estate Subdivision, File No. 100 1 18-07961. Any further discussion? All in favor raise 2 your hand. Unanimous, four zero. 3 MR. HASTINGS: Thank you. 4 COMMISSIONER LETZ: Item 1.13 consider, 5 discuss and take appropriate action to set a public 6 hearing regarding the installation of "No Parking" sign 7 on the far northwest portion of Ace Ranch Road East. 8 Precinct 2. 9 MS. HOFFER: Good morning. Miss Sarah Mezla 10 contacted the Road & Bridge office around October 5th, 11 2020 regarding a parked and enclosed utility trailer 12 across from her driveway. The owner of this trailer 13 actually lives on Cedar Way, one street over. 14 This trailer has made it very difficult to 15 get in and out of her driveway. They have also had to 16 call EMS to come, and this trailer has made it pretty 17 difficult to navigate through to their address. The 18 right-of-way easement is 20 foot, which is the biggest 19 problem. I found the plat and plat record Volume 4, 20 Pages 105 and 106, for Guadalupe Heights No. 5, dated 21 February 19th, 1978. I've enclosed copies of this 22 portion of the plat for Ace Ranch Road. 23 The front portion off of State Highway 27 is 24 a 20-foot dedicated right-of-way up to Gary Cross Way, 25 and from Gary Cross Way to the back of Ace Ranch Road is 101 1 a prescriptive easement that is also 20-foot wide, both 2 having an 18-foot wide pavement, so it leaves about a 3 foot on either side of the actual pavement. 4 Since this back portion has no driveways or 5 homes directly across the street like the front portion, 6 I think installing a "No Parking" sign only on this side 7 of the road and on the back portion that has a 8 prescriptive easement will be a great benefit to the 9 property owners on Ace Ranch Road after Gary Cross Way 10 to the end. 11 The proposed "No Parking" sign would only be 12 on one side of the road on Ace Ranch Road East. The 13 houses side, which is the front portion -- or actually 14 the back portion, would not have "No Parking" signs. So 15 you just would have it on that one side that -- that has 16 no houses on it. Just that back portion. 17 The County Engineer has looked at this and 18 agrees that the "No Parking" sign will help this issue. 19 At this time, I ask the Commissioners' Court to set a 20 public hearing for Monday, December 14th, 2020 at 10:00 21 a.m. regarding the installation of a "No Parking" sign 22 on the far northwest portion of Ace Ranch Road East, and 23 this is in Precinct 2. 24 COMMISSIONER MOSER: So move. 25 COMMISSIONER BELEW: Second. 102 1 COMMISSIONER LETZ: Motion from Commissioner 2 Moser, second from Commissioner Belew to set a public 3 hearing regarding placement of a "No Parking" sign on 4 the far northwest portion of Ace Ranch Road East. 5 Precinct 2. Okay. Is it 10:00 a.m. on -- 6 MS. HOFFER: Yes, sir. 7 COMMISSIONER LETZ: -- 10:00 a.m. on the 8 14th? 9 MS. HOFFER: Yes. 10 COMMISSIONER LETZ: So set it for 10:00 a.m. 11 on the 14th of December. Any further discussion? Those 12 in favor raise your hand. Unanimous, four zero. 13 COMMISSIONER MOSER: Thanks, Kelly. Good 14 job. 15 MS. HOFFER: Yes, sir. 16 COMMISSIONER LETZ: Item 1.14 consider, 17 discuss and take appropriate action for the 18 Commissioners' Court approval regarding General 19 Contract, Small Project with Secor Fence and Building 20 Company for a commercial grade chain link double gate. 21 Precinct 1, 2, 3 and 4. Miss Hoffer. 22 MS. HOFFER: Before you are the proposal, 23 Exhibit A, with Secor Fence and Building Company for one 24 commercial grade chain link double gate installation in 25 the amount of $1,935.00. The certificate of liability 103 1 insurance, the Form 1295, and the general contract, 2 small project contract that was drawn up by the County 3 Attorney, with the project not to exceed $2,000.00. 4 This double gate is to be our heavy truck 5 and heavy equipment access to the property we store our 6 wood chips from brush cutting. The location for this 7 gate is at our main office, it's the property directly 8 next to it and then after that becomes the Credit Union. 9 We store wood chips there, and it would be a lot easier 10 to be able to access through there. 11 And we worked with Charlie because there is 12 drainage that comes through on that property and Charlie 13 has approved this location for us to be able to access 14 in there. 15 COMMISSIONER MOSER: You can access it 16 closer to Highway 27 also, right? 17 MS. HOFFER: Yes. We do have one. But it's 18 got -- it's got a dip in it that makes it difficult. I 19 don't know if Charlie wanted to -- Charlie had looked at 20 it as far as drainage and -- 21 COMMISSIONER MOSER: I was just wondering -- 22 so you need -- you need a second gate? 23 MR. HASTINGS: We need a second gate. 24 Because the other one that's closer to the highway also 25 in a storm event is -- is submerged. So this still 104 1 allows us to get in and out up on higher ground. 2 COMMISSIONER MOSER: I see. Okay. So move. 3 COMMISSIONER HARRIS: Second. 4 COMMISSIONER LETZ: Motion from Commissioner 5 Moser, second by Commissioner Harris to approve the 6 contract with Secor Fence and Building Company in the 7 amount of $1,935.00. And County Attorney has reviewed? 8 MRS. STEBBINS: Yes. 9 COMMISSIONER MOSER: It's in the budget? 10 MS. HOFFER: Yes. Yes, sir. 11 COMMISSIONER HARRIS: Kelly, this is -- this 12 is going to be a -- setting post and everything for -- 13 MS. HOFFER: Yes, sir. 14 COMMISSIONER HARRIS: -- new -- new pole and 15 fence and everything? 16 MS. HOFFER: Right. 17 COMMISSIONER HARRIS: That's a decent price. 18 MS. HOFFER: It is. 19 COMMISSIONER LETZ: All right. Any further 20 discussion? All in favor raise your right hand. 21 Unanimous, four zero. 22 Item 1.15 consider, discuss and take 23 appropriate action to go out for annual bids for road 24 base, cold mix, aggregate, emulsion oil, and corrugated 25 metal pipe. 105 1 MS. HOFFER: This is what we do every year 2 around this time. We are asking the Court to give 3 authorization for us to go out for our annual bids on 4 road base, cold mix, aggregate, emulsion oil, and 5 corrugated metal pipe. Once we put out bids, we will 6 come back to the Court to open the bids on December 7 14th, 2020 at 10:05 a.m., and also award the bids in 8 Court at that time. 9 COMMISSIONER MOSER: What are you going to 10 do when they eliminate oil? 11 MS. HOFFER: I don't know. 12 COMMISSIONER LETZ: I move for approval. 13 COMMISSIONER MOSER: No, I want my question 14 answered. 15 COMMISSIONER HARRIS: Well, good luck. 16 MS. HOFFER: I hope I'm retired by then. 17 COMMISSIONER MOSER: Wonder if anybody's 18 ever thought about that? 19 COMMISSIONER BELEW: No. 20 COMMISSIONER MOSER: How can you use wind 21 generated electricity to replace the oil in the road? 22 Oops. Oops. 23 COMMISSIONER LETZ: Do we have a second? 24 COMMISSIONER MOSER: Second. 25 COMMISSIONER LETZ: Motion by Commissioner 106 1 Harris, second by Commissioner Moser to go out for 2 annual bids for road base, cold mix, aggregate, emulsion 3 oil, and corrugated pipe. 4 And for the record, for the attachments 5 there will be a notice published on November 12th and 6 November 19th in the Kerrville Daily Times. 7 MS. HOFFER: Yes. We have set that up. 8 COMMISSIONER LETZ: And then bids will be 9 due back on the 10th in the County Clerk's office and 10 then bids will be open on the 14th in a Commissioners' 11 Court meeting. 12 COMMISSIONER MOSER: Please go through the 13 checklist -- 14 MS. HOFFER: Yes. We have. 15 COMMISSIONER MOSER: -- on the bid. 16 COMMISSIONER LETZ: I've already looked 17 through it. That's why I said those dates. 18 COMMISSIONER MOSER: Yeah. Right. Good. 19 Thank you. 20 MS. HOFFER: Well, she -- Vicki puts this 21 together in our office and she always puts a calendar in 22 there to show when those notices are going in the paper. 23 So there's -- there's no gray on it. 24 COMMISSIONER MOSER: That's a good 25 recommendation and have a standard checklist on all 107 1 bids. 2 COMMISSIONER LETZ: Right. 3 MS. HOFFER: Yeah. 4 COMMISSIONER LETZ: Any further discussion? 5 All in favor raise your right hand. Unanimous, four 6 zero. 7 MS. HOFFER: Thank you. 8 COMMISSIONER LETZ: Thank you, Kelly. 9 MS. HOFFER: Who should I give the contract? 10 It needs the Judge's signature, or your's. 11 COMMISSIONER LETZ: The Judge is here, he'll 12 sign it. 13 MS. HOFFER: Okay. 14 COMMISSIONER LETZ: Item 1.16 consider, 15 discuss and take appropriate action on Kerr County 16 Courthouse COVID-19 status update. Just a general 17 update. 18 I'm looking at the County Attorney. A 19 general update and if we need to go into it with 20 Executive Session item later, just as well, I believe. 21 MRS. STEBBINS: Yes. If we're going to talk 22 about specific personnel, we should go into Executive 23 Session. I think we'll be able to do a general update 24 without having to -- 25 COMMISSIONER LETZ: There is a second item 108 1 that will require Executive Session, I believe. 2 MRS. STEBBINS: Yes. 3 COMMISSIONER LETZ: It's somewhat related. 4 All right. Okay. 5 MRS. DOSS: Well, I'm going to need some 6 guidance as to what to share. What's your executive and 7 what's -- 8 COMMISSIONER LETZ: I don't think we should 9 go into specific departments or certain employees that 10 have contracted COVID. 11 MRS. DOSS: Right. Overall numbers? 12 COMMISSIONER LETZ: Overall numbers in the 13 County I think is appropriate. 14 MRS. DOSS: All right. Okay. Well, as of 15 this morning, what I've been made aware of is we have 12 16 positives, 11 in the courthouse, one off-site. We have 17 a total of -- we had a total of 32 affected, 30 people 18 were quarantined but that's including the positives and 19 the people that have been exposed. We had -- we have 20 four that have returned from quarantine, and we have 21 another three that are self-monitoring, they feel their 22 exposure was limited. So that's where we are as of 23 today. 24 COMMISSIONER LETZ: Okay. And it's 25 important for the public to be aware that we are -- we 109 1 have been following throughout this outbreak through 2 last week, the CDC guidelines, and the nature of the 3 people that have tested positive they have not had 4 contact with the public other than through a screen or 5 something of that nature so they've been protected 6 according to CDC guidelines as I understand it. 7 MRS. DOSS: Right. And I know Commissioner 8 Moser was asking for statistics last week. And we have 9 about 107 people in the courthouse, you know, 11 out of 10 107 is 10.28 percent positive rate. 11 COMMISSIONER MOSER: Wow. That's high. 12 MS. DOSS: Right. So Friday I received a 13 call from Jaime Lopez, he is from the Department of 14 State Health Services, Region 8, in San Antonio. I 15 think I shared that e-mail with all of you. He had been 16 made aware of a positive case and they have to 17 investigate. 18 Apparently he could not tell me a name or 19 the department but -- and I asked him, I said, yeah, we 20 have more than one so why are you only questioning this 21 one? And he said a lot of people don't give their 22 employer's name but in this instance, they did. 23 And when they investigated, they found that 24 the individual said that somebody had come to work 25 feeling ill but came anyway, exposed this person, and 110 1 they were positive, and they said they also exposed 2 several others in the department. And he wanted to make 3 sure mainly that the employer had been made aware, 4 because a lot of employees test positive. 5 They don't -- they want to keep coming to 6 work. They don't want to tell their employer. I 7 assured him, yes, we have been made aware. He wanted to 8 make sure that we are taking all the precautions, social 9 distancing, masks, additional cleaning, heavy cleaning, 10 deep cleaning during the day and after hours, and 11 everything else, you know, the markers six feet apart, 12 and behind partitions where we can. And I told him that 13 we have been. 14 But the main thing that -- he shared a lot 15 of information with us, and the main thing, the one 16 that's been very helpful to me is one of the handouts 17 that he gave to me is COVID-19 quarantine versus 18 isolation. And it says basically -- and they -- the 19 DSHS could not make recommendations but their 20 recommendation was to follow CDC. And the CDC's 21 guidelines is if you had close contact with a person who 22 has COVID, you stay home until 14 days after the last 23 contact. Check your temperature twice a day, watch for 24 symptoms, and stay away from people who are at high 25 risk. Now, that's quarantine. 111 1 Isolation, if you are sick and think or know 2 you have COVID, then you stay home at least ten days 3 since the symptoms first appeared and at least 24-hours 4 with no fever, without fever-reducing medication, and 5 symptoms have improved. 6 If you have tested positive for COVID-19 but 7 do not have any symptoms, stay home until ten days 8 after -- ten days have passed since your positive test. 9 And he just -- Mr. Lopez just stressed that a lot of 10 people think it's allergies, a little drainage, scratchy 11 throat. They think that's all it is. But if they're 12 saying if that's what you have then stay home. 13 The other thing, since we do have -- they do 14 consider two or more cases an outbreak and -- and I'm 15 required to give them information, names, dates of 16 birth, addresses and phone numbers of everyone affected 17 in quarantine so they can do a line contract tracing 18 type testing. So I'll be providing him with that 19 information this week. 20 COMMISSIONER MOSER: Two or more cases for 21 what? 22 MS. DOSS: For an employer. 23 COMMISSIONER MOSER: If an employer has -- 24 MRS. DOSS: He just said for us, two plus 25 cases is considered an outbreak. 112 1 COMMISSIONER MOSER: For this County? 2 COMMISSIONER HARRIS: For our numbers, I 3 guess. 4 MS. DOSS: Yeah. For the County employees. 5 COMMISSIONER MOSER: For County employees. 6 Okay. 7 MRS. DOSS: Correct. 8 COMMISSIONER MOSER: Okay. All right. I 9 have a question on CDC -- 10 MS. DOSS: All right. 11 COMMISSIONER MOSER: -- and the deep clean. 12 MS. DOSS: Okay. 13 COMMISSIONER MOSER: What does CDC say about 14 deep cleaning requirements in light of how long 15 coronavirus can last on the surface? 16 MS. DOSS: You know, of everything that he 17 provided and I read, there was no mention of that. If 18 you clean all surfaces -- 19 COMMISSIONER MOSER: My question, are we 20 doing a lot of extra cleaning we don't need to do or 21 spending money we don't need to do if the virus only can 22 live on the surface for -- at one time it was three 23 hours, right, Harley? 24 COMMISSIONER BELEW: Yes. 25 COMMISSIONER MOSER: So three hours it's 113 1 going to sit overnight, we don't need to go in and deep 2 clean everything. 3 MRS. DOSS: Well, and a lot of this 4 conversation has to do with departments. I'd rather 5 talk about that in Executive Session. But I -- yeah, 6 so -- but I really do think that we need heavy cleaning. 7 COMMISSIONER MOSER: Well, but I -- you can 8 think that. 9 MRS. DOSS: Well, I mean, the CDC recommends 10 that. During the day -- 11 COMMISSIONER MOSER: That's -- that's my 12 question. What's the -- 13 MRS. DOSS: -- additional -- 14 COMMISSIONER MOSER: Wait. Let me ask my 15 question. What's the CDC recommend? 16 MRS. DOSS: They just say deep cleaning 17 every night after hours, and then additional cleaning 18 throughout the day. 19 COMMISSIONER MOSER: Okay. So that's CDC's 20 recommendation. Okay. You answered my question. 21 MRS. DOSS: Yes. They don't -- don't really 22 define what deep cleaning involves. They just say deep 23 cleaning. 24 COMMISSIONER MOSER: Okay. You answered my 25 question. 114 1 COMMISSIONER BELEW: And they haven't 2 changed how long the virus stays alive on a surface. 3 It's three hours to anything so it's kind of a moot 4 point anyway. 5 COMMISSIONER MOSER: Yeah. So that's their 6 recommendation. You answered my question. Thank you. 7 COMMISSIONER LETZ: I think the main 8 takeaway that I have is that -- and a number of e-mails 9 went out late last week from the HR Director that if 10 employees are having any kind of a symptom, and we had 11 them listed in the e-mail and I think everybody on the 12 court had a copy of it, but it's fever, sore throat, 13 runny nose, headache. Any of those symptoms, call your 14 supervisor before you come to work. And the supervisors 15 should be -- you know, help make that determination. 16 And that's when we had a long discussion this morning 17 about authorizing additional 80 hours of COVID sick to 18 give time for these employees to keep them out of the 19 courthouse, if they're sick and until we can be sure 20 that they do not have COVID. 21 COMMISSIONER HARRIS: Well, you know, all of 22 those symptoms you just mentioned, I can understand, but 23 another symptom is aches and pains, and probably all of 24 us would have stayed home. 25 COMMISSIONER LETZ: Yeah, it's difficult. 115 1 But -- and some of us, you know, we're in and out this 2 season. For a lot of people that have ragweed and all 3 that but -- 4 COMMISSIONER BELEW: Most of us know the 5 difference. You can tell the difference, if you feel 6 like you have the flu or you feel like you have a stuffy 7 nose or something. 8 MS. DOSS: Well, DSHS -- the symptoms that 9 they list, I will read them, fever, cough, difficulty 10 breathing, muscle aches, tiredness, sore throat, 11 headache, runny nose, chills, stomach pain, nausea, 12 vomiting or diarrhea, and I've also read other places 13 loss of taste or smell, so -- 14 COMMISSIONER MOSER: Just for the record, 15 I've been doing this this morning, I've been doing that 16 for 15 years. So there's no -- there's no change. So 17 it's not a runny nose that's -- 18 COMMISSIONER LETZ: The problem is -- 19 COMMISSIONER MOSER: -- that changes. 20 COMMISSIONER LETZ: The problem comes down 21 is to ask our employees to err on the side of caution 22 right now. Because of that list, I know several people 23 that had none of the symptoms who had COVID. So that's 24 where the problem comes. You know, I had a headache 25 for -- it was a very bad headache for half a day. And 116 1 others had certainly not the flu-like symptoms. 2 MS. DOSS: And I talked with several that 3 had a positive test and all they said they experienced 4 was a headache for part of one day. 5 COMMISSIONER LETZ: Yeah. So the employees 6 need to be thoughtful in this. But also let the public 7 know that we're taking appropriate measures per CDC 8 guidelines to protect the public and that's why the item 9 is on the agenda. 10 COMMISSIONER MOSER: Okay. 11 COMMISSIONER LETZ: I don't think there's 12 any action on that item. We do have two Executive 13 Session items somewhat related to COVID. But first 14 let's do our approval agenda. 15 Pay the bills. Ms. Shelton. 16 MS. SHELTON: Yes. Invoices for today's 17 approval include $3,452.86 for Kerr County. $600.00 for 18 the airport. And that is for last fiscal year. For the 19 current fiscal year, $65,990.51 for Kerr County. 20 $47,857.98 for the airport. Adult Probation, $6,181.78. 21 County Clerk fees, $109.65. And the DA Forfeiture of 22 $241.95. 23 COMMISSIONER MOSER: Move for approval to 24 pay the bills as presented by the Auditor. 25 COMMISSIONER BELEW: Second. 117 1 COMMISSIONER LETZ: Motion by Commissioner 2 Moser, second by Commissioner Belew to pay the bills as 3 presented. Any further discussion? All in favor raise 4 your right hand. Unanimous, four zero. 5 Budget amendments? 6 MRS. SHELTON: There are not any. 7 COMMISSIONER LETZ: Late bills? 8 MRS. SHELTON: Yes. We have a total of 9 $1,818.00. The majority of these are hog tails. 10 COMMISSIONER HARRIS: I'll make a motion for 11 approval. 12 COMMISSIONER BELEW: Second. 13 COMMISSIONER LETZ: Commissioner Harris made 14 the motion, Commissioner Belew made a second to approve 15 the late bills as presented. Any further discussion? 16 All in favor say aye or raise your hand. Unanimous. 17 Auditor reports? 18 MRS. SHELTON: There are not any. 19 COMMISSIONER LETZ: Monthly reports? 20 COMMISSIONER HARRIS: Yeah. We got quite a 21 few. For October 2020, standard monthly report from 22 Constable Precinct 1 Tommy Rodriguez, Constable 23 Precinct 2 Kyle Schneider, Constable Precinct 4 Gene 24 Huffaker. Fines, judgments and juries fees collected. 25 J.P. 1 Mitzi French, J.P. 2 J.R. Hoyne, J.P. 3 Kathy 118 1 Mitchell, County Clerk Jackie "JD" Dowdy. Payroll 2 approval report, month ending October 2020, County 3 Treasurer Tracy Soldan. And then for October 20 -- do 4 we need to list -- read all these? 5 MRS. DOWDY: No. 6 COMMISSIONER HARRIS: That's just part of 7 it? Okay. I move for approval. 8 COMMISSIONER LETZ: Second. 9 Motion to accept the monthly reports. 10 Motion made by Commissioner Harris, seconded by myself. 11 Any further discussion? Raise your hand or say aye. 12 Unanimous. 13 Court orders. We have our Court Orders from 14 our November 2nd meeting. Court Orders 38418 through 15 38422. They all look to be in order. I make a motion 16 to approve. 17 COMMISSIONER HARRIS: Second. 18 COMMISSIONER LETZ: There's a second by 19 Commissioner Harris. Any further discussion? All in 20 favor raise your right hand. Unanimous. 21 Status report from department heads? Don't 22 see any. 23 Status reports from elected officials? 24 None. 25 Status report from liaison commissioners. 119 1 Commissioner Belew, do you have anything? 2 COMMISSIONER BELEW: From what? 3 COMMISSIONER LETZ: Liaison. 4 COMMISSIONER BELEW: Liaison. No. No, not 5 really. 6 COMMISSIONER LETZ: Commissioner Moser? 7 COMMISSIONER MOSER: No. 8 COMMISSIONER LETZ: I don't have anything. 9 Okay. And we will go into closed session 10 under 4.2 personnel matters as per Section 551.074, we 11 have two items that are listed. 12 One is consider, discuss and take 13 appropriate action to discuss personnel issue. Dawn 14 Lantz. 15 And another one is consider, discuss and 16 take appropriate action regarding COVID situation with 17 county personnel. I put that on there myself. 18 That second one we may or may not need to 19 actually have any discussion on it, but we need it if we 20 need to speak on individual employees. All right. 21 COMMISSIONER HARRIS: Have a five minute 22 break? 23 COMMISSIONER LETZ: Five minute break. 24 (Recess.) 25 COMMISSIONER LETZ: It's 11:53 and we're 120 1 back in open session. I'll make a quick motion. I 2 don't know if it's necessary necessarily, but I'll make 3 a motion that we request the HR Director and County 4 Attorney to work on three -- on e-mails to go out under 5 the Judge's e-mail that will address, one, CDC 6 guidelines, two, the new COVID-19 expanded policy that 7 we adopted earlier today, and explanation of the 8 modified HIPAA regulations during the COVID outbreak. 9 COMMISSIONER MOSER: Second. 10 COMMISSIONER LETZ: Motion and second. Any 11 further discussion? 12 MRS. DOWDY: What item number was that on? 13 COMMISSIONER MOSER: 4.2(b). 14 COMMISSIONER LETZ: 4.2(b). All in favor 15 raise your hand. It's unanimous. 16 * * * * * * 17 18 19 20 21 22 23 24 25 121 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, all 9 to the best of my skill and ability using YouTube. 10 Dated this the 19th day of November, A.D. 11 2020. 12 13 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 14 No. 953 Expiration Date 04/31/2021 15 * * * * * * 16 17 18 19 20 21 22 23 24 25