1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Monday, December 7, 2020 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioner's Comments. 4 4 1.1 Consider, discuss and take appropriate 8 action to renew the Interlocal Agreement 5 between Kerrville Independent School District and Kerr County to use the Youth 6 Exhibit Center as a reunification site if the need arises to evacuate one of the 7 KISD campuses. 8 1.2 Consider, discuss and take appropriate 11 action on a request from KISD for an 9 easement on the Road & Bridge property for an electrical easement for KPUB services. 10 1.3 Consider, discuss and take appropriate 16 11 action on requests from Kerrville-Kerr County Joint Airport Board regarding: 12 (1) Declaration of Emergency Expenditure, hangar door repairs, 1815 Airport Loop, 13 and (2) movement of more than five percent of Board Budget. 14 1.4 Consider, discuss and take appropriate 27 15 action to reappoint Butch Mize to Emergency Services District #2 (ESD #2) for an 16 additional two-year term. 17 1.5 Consider, discuss and take appropriate 27 action to approve amendment to agreement 18 with Global Spectrum L.P. d/b/a Spectra Venue Management for the Hill Country Youth 19 Event Center. 20 1.6 Consider, discuss and take appropriate 28 action to approve financial incentives for 21 2020 per the Global Spectrum L.P., d/b/a Spectra Venue Management Agreement for the 22 Hill Country Youth Event Center. 23 1.5 Consider, discuss and take appropriate 35 action to approve amendment to agreement 24 with Global Spectrum L.P. d/b/a Spectra Venue Management for the Hill Country Youth 25 Event Center. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 38 action regarding authorization for purchase 4 of real property. 5 1.8 Consider, discuss and take appropriate 42 action to hire Chief Public Defender for 6 the Hill Country Regional Public Defender Office (HCRPDO). 7 2.1 Pay Bills. 51 8 2.6 Court Orders. 52 9 3.3 Status reports from Liaison Commissioners. 53 10 *** Adjournment. 57 11 *** Reporter's Certificate. 58 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 JUDGE KELLY: Court will come to order. It 2 is Monday, December the 7th, 2020, 9:00 a.m. in the 3 Commissioners' Court, and this is a Special 4 Commissioners' Court meeting. Commissioners' Court is 5 now in session. 6 I want to remind everyone to turn your cell 7 phones to vibrate so we don't interrupt any speakers in 8 Court. And this is a special Commissioners' Court 9 meeting so we don't have our prayer and pledge like 10 usual, but we do continue to have public input. If 11 there's anything that the public would like to address 12 the Court, this is the opportunity to do so. But it has 13 to be something that's not on the agenda. If it's on 14 the agenda, we ask that you wait and speak until that 15 item is called. Is there any public input? 16 Okay. There being none, we'll ask for 17 Commissioner's Comments. Precinct 1. 18 COMMISSIONER BELEW: Well, it was a good 19 turnout for the Sheriff's retirement but I see he's back 20 so. Boomerang. I thought we'd waved goodbye and 21 everything but... 22 SHERIFF HIERHOLZER: Well, I don't mind 23 leaving right now, Commissioner. 24 COMMISSIONER BELEW: It was a good turnout. 25 And it was very well executed, you know. It was the 5 1 first event in the Happy Bank Exhibit Hall. So I think 2 that we -- that was the first thing, wasn't it? 3 JUDGE KELLY: Uh-huh. 4 COMMISSIONER BELEW: And your last 5 retirement party. 6 SHERIFF HIERHOLZER: Only. 7 COMMISSIONER BELEW: First and last. That's 8 all I got. Just a little fun. 9 JUDGE KELLY: Okay. Precinct 2. 10 COMMISSIONER MOSER: Let's see. In 11 Precinct 2, I mentioned in the past that new quarry 12 operations are going on. A lot of noise. Heard a lot 13 of people call this weekend. They were operating on 14 Saturday. So we're going to see if there's within the 15 limits of the noise allowance and hopefully we can have 16 a Town Hall Meeting on that subject when the coronavirus 17 is going to enable it, for us to meet so -- or else 18 we'll ask for a special compensation or dispensation 19 from the Judge to -- to have a meeting somewhere. But a 20 lot of neighbors are upset about that. So, anyway, 21 that's all I got. 22 JUDGE KELLY: Okay. Precinct 3. 23 COMMISSIONER LETZ: I think just a little 24 bit of an update of the -- the stakeholders meeting, 25 which is the City, County, hospital, schools, emergency 6 1 coordinator's meeting last week, and it was a little bit 2 different tone in that the thought was that it's not 3 doing a lot of good just telling people you have to wear 4 a mask. Everyone said to wear a mask and the virus 5 would go away, and it didn't happen. And it was kind of 6 the -- but it's still felt by the majority that masks do 7 help, but it needs to be done in a more positive way. 8 One of the interesting things was, it came 9 from Dr. Blank, was that the -- generally the flu starts 10 up the 40th week of the year. Noticeably starts up. 11 We're in the 50th week right now, or 49th, and there's 12 virtually no cases of the flu in the state. And they 13 attribute that largely to the social distancing, 14 awareness of hand washing and mask wearing possibly. I 15 mean, who knows exactly how much of that. But all of 16 the concern certainly has been noticed on the flu side, 17 that there's very few cases so far. 18 But that is -- you know, it's a lot better 19 approach to probably ask people to social distance and 20 stay in small groups rather than threaten them. It's 21 kind of a carrot rather than the hammer approach a 22 little bit better. And so, it was a good outcome of 23 that meeting. 24 COMMISSIONER HARRIS: Okay. 25 JUDGE KELLY: Okay. Precinct 4. 7 1 COMMISSIONER HARRIS: Precinct 4 is now 2 under a burn ban as of last Saturday morning. We're 3 dry. We need rain. We haven't gt a whole lot in a 4 while. So we're under a burn ban. That's about all I 5 got. 6 JUDGE KELLY: Okay. The only thing I would 7 add is in watching Meet the Press yesterday morning I 8 learned that COVID is now the Number 1 killer in the 9 country. So regardless of whatever these percentage 10 are, a lot of people are dying from the COVID-19. Which 11 is always concerning. 12 We're doing what we can for the public. If 13 you see us, we're about -- not six feet apart, we're 14 more like 10 or 12 feet apart in this courtroom. And 15 the people that are not are all in masks in the back of 16 the room. And that's pretty much as good as we can do 17 at this point. 18 But I just want to remind everyone that 19 COVID is real. And we have to figure out how we're 20 going to cope with it. And this is the season where we 21 start all the Christmas parties and the social 22 gatherings, and everyone gets excited about it. I know 23 there's COVID fatigue out there. People are sick and 24 tired of it. But at the same time, we have to be 25 mindful that it is out there, it is real, and we're 8 1 going to have to try to take what precautions we can. 2 So, with that let's move on to the 3 Consideration Agenda. Item 1.1 consider, discuss and 4 take appropriate action to renew the Interlocal 5 Agreement between Kerrville Independent School District 6 and Kerr County to use the Youth Exhibit Center as a 7 reunification site if the need arises to evacuate one of 8 the KISD campuses. 9 MR. IVY: I think I've left some handouts 10 somewhere. 11 MRS. STEBBINS: Here. 12 MR. IVY: There we go. Thank you. Okay. 13 Good morning. I'm going to remove my mask while I speak 14 to you guys, if that's okay. Tell me if it's not. 15 COMMISSIONER LETZ: That's fine. 16 JUDGE KELLY: Let your glasses unfog. 17 MR. IVY: Yeah, that's -- that's the number 18 one priority, that I can see actually. So this is 19 probably the second or third time that I've been before 20 the Commissioners asking for this Interlocal Agreement 21 to use the Youth Exhibition Center as our reunification 22 site. Kerrville ISD strives to be prepared for any 23 emergency that might arise and -- and one of those needs 24 that we do have would be if a campus becomes 25 uninhabitable that we have a place to go that can 9 1 accommodate up to 1400 students and a hundred staff 2 members or some odd. So I just ask the Commissioners 3 approve this Interlocal Agreement and if -- if done, 4 then I'll take it to the Kerrville ISD Board of Trustees 5 this coming Monday night, and we'll get everybody's 6 signatures and we'll have another year of this 7 agreement. 8 COMMISSIONER MOSER: Wade, is this the same 9 as the existing? 10 MR. IVY: Yes, sir, it is. 11 COMMISSIONER MOSER: Okay. 12 MR. IVY: The only thing that changed -- 13 COMMISSIONER MOSER: And the County Attorney 14 has looked at it? 15 MRS. STEBBINS: I have, yes, sir. 16 COMMISSIONER MOSER: I move for approval. 17 COMMISSIONER HARRIS: Second. 18 JUDGE KELLY: Motion's been made by 19 Commissioner Moser, seconded by Commissioner Harris to 20 approve renewing the Interlocal Agreement with KISD the 21 use of the Youth Event Center in the event evacuation is 22 necessary. Is there any discussion? 23 The one thing that caught my attention when 24 you rattled off the numbers, Wade, was 1400 students and 25 a hundred employees, 1500 people at the Youth Event 10 1 Center. That's not going to meet COVID requirements. 2 MR. IVY: Yeah. No, sir. And that's -- you 3 know, this -- this is a -- one of these worst case 4 scenario type of situations, and so if we were using it 5 as an evacuation site, that would -- COVID would 6 probably -- we would have to accommodate for that to the 7 extent we could, but we would be dealing with some much 8 greater concerns in that moment than COVID. 9 Unfortunately, you know, that's just the truth of it. 10 JUDGE KELLY: Well, you know, I'm all in 11 favor of the Interlocal Agreement with KISD, but I 12 wanted the public to understand that if we have such an 13 emergency like that we still have to abide by the COVID 14 safety plan. 15 MR. IVY: Yes, sir. And we strive to do so. 16 COMMISSIONER LETZ: If we utilized the show 17 barn it would probably meet the requirements. 18 JUDGE KELLY: Right. 19 MR. IVY: Sure. 20 COMMISSIONER LETZ: But if they could, 21 they'll just have to use more of the facility than air 22 conditioned or the HVAC portion. 23 COMMISSIONER HARRIS: Right. Be spread out. 24 MR. IVY: Yes, sir. Yeah, and I appreciate 25 the thoughts and certainly, we -- we would always intend 11 1 to use the air conditioned portion of the building, but 2 if -- if something were to happen in this period of time 3 I know, you know, from talking to the gentleman out 4 there who runs the operation, that we would have access 5 to as much as we could possibly have access to at the 6 time. 7 JUDGE KELLY: Okay. Any other discussion? 8 Okay. Those in favor raise your hand. Unanimous, five 9 zero. Thank you. 10 MR. IVY: Thank you very much. 11 JUDGE KELLY: Next item on the agenda is 1.2 12 consider, discuss and take appropriate action on a 13 request from KISD for an easement on the Road & Bridge 14 property for an electrical easement for KPUB services. 15 MR. IVY: Yes, sir. And I -- I brought a 16 computer but I'm actually, just for the sake of keeping 17 this moving this morning, I see that looks like most of 18 you have a copy of this. If you don't, I brought some 19 extras. Would anybody like me to bring you a handout? 20 Trying to deal with the computer it might 21 take me longer than is sufficient time to take on it, 22 so -- Okay. So as you are probably aware, Kerrville ISD 23 passed a bond in 2018. One of the projects that was 24 approved in that bond program was the construction of a 25 new AG facility to replace the one that is on -- you 12 1 know, currently on Spur 100. 2 We had two options to come into the property 3 with three phase electrical service. One was to come in 4 off of Spur 100. There's a three-phase electrical pole 5 that's close to Highway 27. The other way is there's 6 also a three-phase electrical pole on the Kerr County 7 property. 8 What we like about the Kerr County property 9 three-phase pole, in comparison to the Spur 100 entry, 10 is that we -- we have some -- and if you look at 11 probably the -- well, first let's start with the third 12 slide. Third page. You can see that is a satellite 13 image of the Kerr County lay down yard and the youth 14 league baseball field, the little league basketball 15 field. And you'll see the red line that's kind of down 16 toward the bottom there. And that red line is the line 17 of which the proposed electrical line would follow. So 18 there's a three-phase pole on the left side of that 19 line. And we would bring it into the Kerrville ISD 20 property following that fence line, that -- that borders 21 the lay down yard and the little league field. 22 And once we got it into the Kerrville ISD 23 property, we would follow the fence line to the new site 24 for the -- for the project. What we like about the -- 25 the route coming in from Kerr County is that there are 13 1 some very -- there's a couple of very large beautiful 2 trees. And that's the second to last page that you'll 3 see where we would hate to have to -- if we came across 4 the road there that tree is either coming down or it's 5 being severely cut, and affecting that. There's the 6 creek right there, I believe that's Third Creek. And 7 just want to save these trees. Don't want to have to 8 cut anything down or risk damaging or killing them 9 through the process of trying to make way for this line. 10 So today, I stand before you to basically 11 get your permission to move forward with the granting of 12 an easement. Kerrville ISD will pay the surveyor to 13 survey the property that would allow the easement to be 14 written, and then from there the easement would really 15 be between KPUB and Kerr County after that. 16 But we are just here today to ask in 17 concept, if this would be approved for us to move 18 forward with survey and bringing an easement back to the 19 Commissioners in the near future. 20 COMMISSIONER MOSER: I talked to Wade and 21 Dr. Foust what, earlier last week I believe it was -- 22 MR. IVY: Yeah. 23 COMMISSIONER MOSER: -- about this. And 24 asked a way to just come forward with a concept before 25 we spend money with the surveyor on doing this. And 14 1 talked to Road & Bridge and Charlie Hastings talked to 2 Kelly, and they don't have any issue with doing this. 3 It seems like a logical thing to do. I think 4 Commissioner Letz has got some -- some other information 5 on ball fields and -- 6 COMMISSIONER LETZ: Well, that information 7 is that there's a lot of utilities that are on the 8 County side of the three transformers. And it's just 9 that the agreement needs to be liable for any damage 10 to -- there's a lot of electrical lines right there and 11 some water lines. And I'll be glad to be the contact 12 for that, I'm the one that oversaw that when it was 13 installed 20 years ago and know about where everything 14 still is. But from the standpoint of impacting the ball 15 fields, this won't have any impact on them as long as 16 they don't cut lines. 17 COMMISSIONER MOSER: And there's no impact 18 with Road & Bridge. They don't have an issue with it. 19 So I move for approval for the concept to let KISD 20 proceed with a definitive location for the easement and 21 all the legal documentation thereof. 22 COMMISSIONER LETZ: Second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Moser, seconded by Commissioner Letz to 25 approve the requested easement for a concept plan. You 15 1 expect some sort of subsequent approval or is this final 2 approval? 3 COMMISSIONER MOSER: No. Subsequent 4 approval. 5 COMMISSIONER LETZ: Yeah. 6 COMMISSIONER MOSER: Pending the survey and 7 so forth. So this is -- this is approving the concept 8 and to move forward with KISD. Then doing the work on 9 doing the surveying. 10 JUDGE KELLY: Okay. And that's what you 11 seconded? 12 COMMISSIONER LETZ: Yes. 13 JUDGE KELLY: Okay. And that's the motion 14 that's before the Court. Is that okay with KISD at this 15 point? 16 MR. IVY: Yes, sir. That's exactly what I 17 was here this ask this morning and get approval on. And 18 then the second approval would be the actual easement 19 document itself. 20 JUDGE KELLY: Very good. Any other 21 discussion? 22 COMMISSIONER HARRIS: I -- just out of 23 curiosity, Wade, do you know what kind of tree that is? 24 MR. IVY: It's either -- I think it's a 25 cedar elm tree or -- I think it's a cedar elm. 16 1 COMMISSIONER HARRIS: Okay. 2 MR. IVY: But it's very -- it's a very old 3 tree to be that tall. 4 COMMISSIONER HARRIS: I was going to say if 5 it was hackberry it might be gone tomorrow. 6 MR. IVY: Yeah, it's not a hackberry. I can 7 assure you that. I wouldn't be standing here if it was 8 a hackberry. 9 JUDGE KELLY: Okay. Any other discussion? 10 Those in favor raise your hand. Unanimous, five zero. 11 MR. IVY: Thank you, sir. 12 JUDGE KELLY: Thank you, Wade. 13 MR. IVY: All right. If you'll just give me 14 a moment to get my things and I will go away. 15 COMMISSIONER MOSER: Sheriff, can you ask 16 Mary to come in if she's outside? 17 COMMISSIONER MOSER: Thanks, Wade. 18 MR. IVY: Thanks, guys. Appreciate you all. 19 JUDGE KELLY: Okay. The next item on the 20 Agenda is 1.3 consider, discuss and take appropriate 21 action on request from Kerrville Kerr County Joint 22 Airport Board regarding a Declaration of Emergency 23 Expenditure for hangar door repairs at 1815 Airport 24 Loop, and (2) movement of more than five percent of the 25 Board Budget. Mary Rohrer. 17 1 MS. ROHRER: Good morning, Judge and 2 Commissioners. I'm here to request a -- one of the 3 pieces and parts of our Interlocal Agreement to move 4 monies from our fund balance into our capital account to 5 pay for damage that occurred in a July 31st storm that 6 came through Kerr County. 7 We have a large hangar and one of the doors 8 got lifted and moved off its rails and was damaged and 9 that also damaged other aircraft. We've been working 10 with the insurance companies, as well as contractors to 11 develop a solution. So the storm damage was for the 12 north door of the hangar. 13 The south door is designed in similar matter 14 so our discussion within the Board -- the Airport Board, 15 was to go ahead and repair both doors at the same time 16 and make sure we had it all safe for both of our north 17 customers, which is one tenant that has three aircraft 18 in there, and our south doors, which is for three 19 tenants, each having one aircraft in there. So I think 20 there are six aircraft total. 21 So we've been working with Jonathan and the 22 insurance companies on making sure we get all of our 23 parts and pieces in here. So this is our request and 24 it's basically per the Interlocal to number one, declare 25 an emergency, and then number two, move funds from our 18 1 fund balance into our capital account. 2 COMMISSIONER MOSER: Mary, I hadn't had the 3 chance and I don't know if anybody from the City has or 4 Jonathan has, but I'd like to understand -- get a better 5 understanding with my old engineering hat on exactly 6 what needs to be done, what's planned and what the 7 options are, unless there's some need to do that 8 urgently today. If it can be delayed a week or two, 9 that's what I would like to do and propose that we defer 10 this until then. 11 COMMISSIONER LETZ: I have two questions. 12 And I did not go back and look at the Interlocal 13 Agreement at -- I attended the Airport Board meeting. 14 This doesn't qualify as an emergency under our emergency 15 rules. 16 MS. ROHRER: Right. 17 COMMISSIONER LETZ: But there may be a 18 provision in the -- in that Interlocal Agreement that 19 calls it an emergency, uses that terminology, which 20 probably should be changed if it isn't in our Interlocal 21 Agreement. But I mean it doesn't qualify as an 22 emergency for us to declare an emergency. 23 COMMISSIONER BELEW: So are -- are you 24 saying then that the -- you want to see it in writing? 25 Because I don't remember us ever being the deciding 19 1 factor to vote on emergency. 2 COMMISSIONER LETZ: Well -- 3 COMMISSIONER BELEW: You're saying it's 4 going to be in the document? 5 COMMISSIONER LETZ: Well, the issue is for 6 us to declare an emergency is a very narrow -- 7 COMMISSIONER BELEW: Right. 8 COMMISSIONER LETZ: -- way that we can do 9 it. To me, this doesn't qualify. But there may be -- 10 the Interlocal Agreement may refer to an emergency 11 expenditure going into some of their excess funds. So 12 I'd like to -- and I haven't looked at that contract. 13 That's one question. 14 And the second question, where are we with 15 the insurance company, Mary? The last I heard, we had 16 submitted a lot more information as to why the bid was a 17 lot -- or the estimate had come back higher than the 18 original estimate. 19 MS. ROHRER: Yeah, I've had conversations 20 with the adjustor but I have not heard back. And 21 there's some more information, and some more information 22 when we get information from the contractor with his 23 final estimate. 24 COMMISSIONER LETZ: Okay. So we haven't 25 heard back after we submitted that information? 20 1 MS. ROHRER: Yeah. 2 COMMISSIONER LETZ: Okay. I'll get ahold of 3 Brett Anderson and see where we are and -- 4 MS. ROHRER: Okay. 5 COMMISSIONER LETZ: -- see if we can try to 6 get that moving. 7 COMMISSIONER BELEW: Is the door in use? 8 MS. ROHRER: The door is in use. 9 COMMISSIONER BELEW: But damaged? 10 MS. ROHRER: It's been reinstalled so it's 11 in use but everybody's being very tender with it, let's 12 put it that way. And I've done a couple things to make 13 sure that folks stay tender with it and not be moving it 14 quickly and things like that. But I'm -- you know, we 15 start having big winds again and like my hair tends to 16 go up. 17 COMMISSIONER LETZ: The issue -- so the 18 whole Court understands the issue with the insurance, 19 the insurance adjustor came out and raised the estimate 20 $160,000 to repair the cost. We went -- because of 21 the -- it's over $50,000 they had to go out for bids. 22 When the bids came back it was $280,000 and pretty big 23 difference from what -- 24 MS. ROHRER: Yeah, big difference. 25 COMMISSIONER LETZ: -- from what the 21 1 adjustor said to what the bid came back at. And the bid 2 information was then forwarded to our insurance company 3 TAC. And that's where that is looking at that. Because 4 to me, there -- there's a big disconnect between the 5 adjustor and the actual cost of doing the replacement. 6 COMMISSIONER MOSER: I think the issue -- 7 COMMISSIONER BELEW: It's $120,000, so -- 8 MS. ROHRER: So one of the things they 9 didn't include, which is -- you know, and probably 10 didn't really think about it at the time, was that -- to 11 repair the doors, either side of the doors or any of the 12 work, we would have to relocate all the aircraft that 13 are inside. So then there would be storage fees for the 14 aircraft. 15 And then to actually repair the doors is 16 probably going to take about six weeks. So they also 17 need to include the storage of those aircraft while the 18 work is being done, which is -- I know I didn't even 19 think about it when we first started talking about. I 20 just figured you -- we could repair it. 21 COMMISSIONER MOSER: Sure. So Mary, there's 22 a couple things. Number one, the insurance difference? 23 MS. ROHRER: Yeah. 24 COMMISSIONER MOSER: Get that resolved. And 25 number two, what other options may be so we can come 22 1 back and look at this again. 2 MS. ROHRER: Okay. 3 COMMISSIONER MOSER: We get both of those 4 answers. 5 COMMISSIONER LETZ: But yet the -- aside 6 from those two, the request is to use the excess funds 7 that the airport has, not declare an emergency from the 8 County's standpoint to go into our emergency. 9 MRS. ROHRER: That's correct. 10 COMMISSIONER LETZ: So it's just to use -- 11 to actually transfer the funds from -- 12 MRS. ROHRER: Our airport funds -- 13 COMMISSIONER LETZ: -- the reserves at the 14 airport to the capital item. 15 COMMISSIONER MOSER: But still, it's a big 16 capital investment. 17 MRS. ROHRER: It is a big capital item. 18 COMMISSIONER BELEW: Rather than item one, 19 you're going to disregard the declaration of emergency 20 expenditure? We're not going to call it that? 21 JUDGE KELLY: I'm confused by item one, too. 22 Thank you. 23 MRS. ROHRER: So I guess in our -- I'm sorry 24 I didn't bring a copy of the Interlocal Agreement with 25 me, but I'll go back and re-look at it. But I 23 1 understand for us to be able to move money out of a 2 budgeted -- in other words, we have an approved budget, 3 we all approved the budget, for us to move monies that's 4 more than five percent, we have to come back to the 5 Court. 6 JUDGE KELLY: Right. I got -- I got that 7 one. 8 MS. ROHRER: Perfect. 9 COMMISSIONER BELEW: But does it have to be 10 a declared emergency to do that? 11 COMMISSIONER MOSER: No. 12 COMMISSIONER BELEW: I wouldn't think so. 13 MS. ROHRER: Okay. 14 COMMISSIONER MOSER: I don't -- I don't 15 think Interlocal Agreement addresses emergency. I think 16 centrally that the Airport Board is requesting to move 17 more than five percent. To change the budget -- 18 MS. ROHRER: Right. 19 COMMISSIONER MOSER: -- allocation by more 20 than five percent. I think that that's it. 21 MS. ROHRER: All right. 22 COMMISSIONER MOSER: We can verify it. 23 MS. ROHRER: Let me check on the -- 24 COMMISSIONER MOSER: Right. 25 MS. ROHRER: -- nexus of the emergency 24 1 declaration and the five percent. 2 COMMISSIONER MOSER: So I think you could 3 take emergency out of it. 4 MS. ROHRER: Okay. 5 COMMISSIONER MOSER: I don't think it's an 6 emergency at all. 7 MS. ROHRER: Okay. I'll look at it and -- 8 JUDGE KELLY: Do we have a motion and a 9 second then? 10 COMMISSIONER MOSER: No, we -- 11 COMMISSIONER BELEW: Should we make the 12 motion and -- and take the item number one out of it? 13 COMMISSIONER LETZ? I think we just -- 14 COMMISSIONER BELEW: Is that okay with the 15 County Attorney? 16 COMMISSIONER MOSER: My request is defer the 17 whole thing. 18 COMMISSIONER HARRIS: Clean it up. 19 COMMISSIONER MOSER: Right. 20 COMMISSIONER LETZ: And we need to find out 21 what the insurance is going to cover. 22 COMMISSIONER MOSER: I want to see if we've 23 got some options out there. 24 COMMISSIONER BELEW: I'd pretty well 25 indicate that it's not an emergency. 25 1 JUDGE KELLY: Mary, it sounds like to me 2 that the Airport Board needs to make this budget 3 amendment to move this money from one budgeted item to 4 another. 5 MS. ROHRER: That's correct. 6 JUDGE KELLY: And that's what you're really 7 asking us to do today -- 8 MS. ROHRER: That's correct. 9 JUDGE KELLY: -- is to move more than five 10 percent of the budget? 11 MS. ROHRER: That's correct. 12 JUDGE KELLY: And I'm good with that. Once 13 we start getting beyond that, I don't know what to do 14 about the risk language in this and I don't know what to 15 do about some of these other contingencies. 16 COMMISSIONER LETZ: Right. 17 COMMISSIONER MOSER: I'm not good with 18 moving the 400,000, not until I understand if there's 19 not some other options out there, too. And also -- and 20 also, there may be more insurance and may not have to 21 move 400,000. So I'm not -- I'm not for moving forward 22 at all on this agenda item. 23 MS. ROHRER: Okay. 24 COMMISSIONER BELEW: Now what's the 400,000? 25 MS. ROHRER: The two doors. 26 1 COMMISSIONER MOSER: I've heard six -- 280, 2 280, 560, 106 -- 3 COMMISSIONER BELEW: Oh, two doors? 4 COMMISSIONER MOSER: Yeah. Two doors. 5 MS. ROHRER: Yeah. Do both. 6 COMMISSIONER MOSER: Yeah. That's the 7 reason I want to look and see if there's not other 8 options. 9 COMMISSIONER BELEW: Two doors at 280. That 10 sounds like the cost of moving the planes and everything 11 will be absorbed into one of those. 12 MS. ROHRER: Well, it's all -- it'll all be 13 in one contract, yes. Yeah. Yeah. Well, it's -- it's 14 some -- it's some big numbers. All right. 15 COMMISSIONER MOSER: So I'd like to defer 16 this until -- until at least two weeks. 17 COMMISSIONER LETZ: Or next meeting. 18 COMMISSIONER MOSER: Or next meeting. 19 Correct. 20 MS. ROHRER: Okay. 21 COMMISSIONER MOSER: Good. 22 MS. ROHRER: All right. Well, thank you 23 very much for your input. I'll be back in -- next week 24 or the following week. 25 COMMISSIONER LETZ: Okay. 27 1 MS. ROHRER: Great. Thank you. 2 COMMISSIONER BELEW: Thank you. 3 COMMISSIONER MOSER: Thanks, Mary. 4 JUDGE KELLY: So we'll move on to Item 1.4 5 consider, discuss and take appropriate action to 6 reappoint Butch Mize to Emergency Services District #2 7 for an additional two-year term. Commissioner Harris. 8 COMMISSIONER HARRIS. Yes. Butch's term is 9 coming to an end, his first term. He's done an 10 excellent job and he's an asset to ESD #2, so I move 11 that we reappoint Butch Mize to Emergency Services 12 District #2 for an additional two-year term. 13 COMMISSIONER BELEW: Second. 14 JUDGE KELLY: Motion's been made by 15 Commissioner Harris, seconded by Commissioner Belew to 16 reappoint Butch Mize to a second term on the Emergency 17 Services District #2. Is there any discussion? Those 18 in favor raise your hand. Unanimous, five zero. 19 Item 1.5 consider, discuss and take 20 appropriate action to approve amendment to an agreement 21 with Global Spectrum L.P. d/b/a Spectra Venue Management 22 for the Hill Country Youth Event Center. Commissioner 23 Letz. 24 COMMISSIONER LETZ: Did you bring a copy of 25 that by chance? 28 1 MRS. STEBBINS: No. But I can forward it to 2 Jody and have her print it. 3 COMMISSIONER LETZ: Judge, can we skip that 4 one for a moment. I think we have an agreement we can 5 hand out so everyone can look at it and then we can 6 handle 1.6 first. 7 JUDGE KELLY: Okay. So we'll pass that 8 temporarily and move on to 1.6, which is consider, 9 discuss and take appropriate action to approve financial 10 incentives for 2020 per the Global Spectrum L.P., d/b/a 11 Spectra Venue Management Agreement for the Hill Country 12 Youth Event Center. 13 COMMISSIONER LETZ: Our agreement with 14 Spectra calls for -- it's called qualitative fee, it's 15 up to $15,000 into five different categories that each 16 year we have to basically look at the performance and 17 decide how much of the 15,000 we think is appropriate as 18 an incentive fee. These are budgeted. The full 15,000 19 is already budgeted, you know, it's not -- it doesn't 20 have any impact on budget other than the less we put -- 21 the less we agree to spend, the more goes into the 22 reserve, I guess. So it does have some impact there. 23 But the -- there's five categories, one is 24 the results of customer service scores, the other is 25 quality of food and beverage, and one is repairs and 29 1 maintenance, one is creative sales and marketing, the 2 other one is control of operating expenses. 3 I visited with Commissioner Harris a little 4 bit about this, and we were pretty close. And I'll tell 5 you the amount that I'm recommending that we apply in 6 each of these categories. 7 Results from customer service scores, I 8 recommend 2,000 of the 3,000. Jake says we only had one 9 response because much of the -- usually they answer that 10 questionnaire and we had one nice good response from the 11 questionnaires that they had from customer service, but 12 reality is most of the customer service was done for the 13 County for various things, but -- 14 COMMISSIONER BELEW: So this is an incentive 15 for -- for you, Jake? 16 MR. WILLIAMSON: It's a corporate incentive, 17 sir. 18 COMMISSIONER BELEW: Corporate. It goes to 19 the company. 20 MR. WILLIAMSON: Yes, sir. 21 COMMISSIONER LETZ: But out of the 3,000 I 22 recommended they get 2,000 of that -- out of that 23 category. 24 Under quality of food and beverage, I 25 recommend on this one, 500 of the 3,000 and the reason 30 1 for the 500 is that they did participate with trying to 2 get the proposition passed in Precinct 2, you know. And 3 now that that has happened, maybe we will be able to 4 have at least the beverage side of this enhanced out 5 there, but obviously they didn't do a whole lot there so 6 I didn't think -- I thought 500 was plenty. 7 Repairs and maintenance, I recommended 8 3,000 -- I mean 2,000 of the 3,000. And a lot of this 9 is when things got real slow, Jake reallocated his staff 10 to do repairs and maintenance out there a lot more, 11 rather than having it come to the cost of the County. 12 So I think that is a fair amount. 13 Creative sales and marketing, I recommend 14 2,000 out of the 3,000. Basically, you know, I think 15 Jake did everything he could and has done everything he 16 can to keep that facility being used, and -- and doing 17 so in a very safe manner. 18 And then under control of operating expenses 19 I said 3,000. Because even without hardly any revenue 20 coming in, he was able to basically meet budget this 21 year. 22 COMMISSIONER BELEW: And all these are caps? 23 COMMISSIONER LETZ: Yeah, they're all caps. 24 COMMISSIONER BELEW: Right. 25 COMMISSIONER LETZ: The 3,000 is the 31 1 maximum. 2 COMMISSIONER BELEW: Yeah. 3 COMMISSIONER LETZ: The total of the ones 4 that I'm recommending is 9,500 of the 15,000 that 5 they're eligible for. That's how I kind of looked at it 6 and Commissioner Harris and I kind of -- we talked about 7 it a little bit. 8 COMMISSIONER HARRIS: Right. 9 COMMISSIONER BELEW: And you operate the 10 place, Jake, what do you think? Do you feel safe with 11 that? 12 MR. WILLIAMSON: Well, it's just a -- it's 13 more a recommendation of the Court based on, you know, 14 our performance. 15 COMMISSIONER BELEW: Past performance. 16 MR. WILLIAMSON: Past performance. 17 COMMISSIONER BELEW: Yeah. 18 MR. WILLIAMSON: I think with the new 19 challenges of the year we had, nowhere would we expect 20 or recommend to get, you know, anywhere near the full 21 amount. 22 COMMISSIONER BELEW: Yeah. Sure. 23 MR. WILLIAMSON: Somewhere of this number 24 does seem to reflect our performance over the last year 25 based on the new reality and the future we were unable 32 1 to predict. We were able to pin it very quickly and we 2 did save a lot of events. Helped a lot of people 3 differently than we have in the past, and we're real 4 happy with our performance in those regards. 5 COMMISSIONER BELEW: Well, you got creative. 6 MR. WILLIAMSON: We got creative. 7 COMMISSIONER HARRIS: Creative and -- and 8 Jake has stepped up whenever we've called or anything 9 else to help with Extension. I know his crew went over 10 there and fogged it at one time for us. I mean, just 11 drop of the hat, they're -- they're ready to jump in. 12 And that's appreciated and it doesn't go unnoticed. I 13 appreciate you being there and attention to detail. You 14 know, things pop up. Sometimes we gotta be like an 15 adjustable wrench and fit every nut that comes along 16 and -- and get things done and y'all have done that. 17 COMMISSIONER LETZ: So that being said, do 18 you think 9,500 is fair, Jake? 19 MR. WILLIAMSON: It's the Court's 20 recommendation, sir. I agree -- whatever the Court 21 agrees to, we agree to. 22 COMMISSIONER BELEW: He may run for 23 political office. 24 COMMISSIONER LETZ: I make the 25 recommendation that we award the qualitative fees as I 33 1 previously read for a total amount of $9,500.00. 2 COMMISSIONER HARRIS: Second. 3 COMMISSIONER BELEW: Now, is -- is there 4 any -- well, go ahead. 5 JUDGE KELLY: Motion's been made my 6 Commissioner Letz, seconded by Commissioner Harris to 7 recommend incentive -- financial incentive to Global 8 Spectrum in the amount of $9,500.00. Any discussion? 9 COMMISSIONER BELEW: Yeah. Well, basically, 10 you've dropped down by a thousand dollars in different 11 areas, the cap. So that's why I was asking about past, 12 if you had ever reached the cap? 13 MR. WILLIAMSON: We've never reached the 14 cap, sir. 15 COMMISSIONER BELEW: Okay. See, that 16 makes -- 17 MR. WILLIAMSON: It may -- I can tell you 18 mainly our food and beverage is the one that's falling 19 the shortest. Without a working kitchen, we haven't 20 really been able to maximize that profitability -- 21 COMMISSIONER BELEW: Sure. 22 MR. WILLIAMSON: -- you know. But this -- 23 the recommended amount, I believe, reflects more like 24 year one of what the incentive was paid out. 25 COMMISSIONER MOSER: Do you have a liquor 34 1 license? 2 MR. WILLIAMSON: We still have a beer 3 license. We're in the process of -- 4 COMMISSIONER MOSER: No, I said do you have 5 a liquor license? 6 MR. WILLIAMSON: No. Not right now. We're 7 in the process of upgrading. 8 COMMISSIONER LETZ: It takes time. Now -- 9 and they're also -- just on the topic there's a -- Jake 10 is working with the Stock Show Association because they 11 have a liquor license or -- I get very confused. They 12 have a license to do something and Jake has a license to 13 do something. And we need to make sure that we're 14 not -- that they mesh, the two licenses mesh, or the 15 stock show gets rid of their license and Jake takes over 16 that portion for them. 17 COMMISSIONER MOSER: Okay. Good. 18 COMMISSIONER LETZ: So it's far more 19 complicated than one would think it should be, but 20 they're working on it. 21 JUDGE KELLY: Any other discussion? Jake, 22 I'll say that I've been very pleased with the 23 performance of your organization out there. But I'm 24 going to vote against the incentive, because I think 25 people are more important than corporations. Nothing 35 1 against corporations. But we have asked our people to 2 sacrifice this year. And I don't want to disrespect our 3 employees that forwent raises and new positions to 4 relieve their work load. So for that reason -- and it 5 has no reflection on what Spectra did or you in anyway. 6 I just wanted to explain to you why I'm going to vote 7 against it. Okay? 8 MR. WILLIAMSON: Thank you. 9 JUDGE KELLY: Any other discussion? Okay. 10 Those in favor raise your hand. Four. And against? 11 One. Thank you. 12 MR. WILLIAMSON: Thank you. 13 JUDGE KELLY: We'll go back to 1.5? 14 COMMISSIONER LETZ: Yes. 15 JUDGE KELLY: Let me call that again. 16 Consider, discuss and take appropriate action to approve 17 an amendment to the agreement with Global Spectrum L.P. 18 d/b/a Spectra Venue Management for the Hill Country 19 Youth Event Center. Commissioner Letz. 20 COMMISSIONER LETZ: Yes. As we're going to 21 do some refinancing of our debt, our bond counsel 22 requested that we do an amendment to our agreement with 23 Spectrum, and I think one was handed out to everybody. 24 And it's basically just going into a little bit more 25 clearly defines our control of the facility. And this 36 1 has already been sent to Spectrum to -- their legal 2 people have looked at it, they -- it came back last 3 week, I think, and so we just need to approve this. 4 This is a request that we're requesting 5 coming from our Auditor and our financial advisors and 6 legal -- financial legal people, as to clarify some of 7 the language in the agreement so that we can do the 8 refinancing appropriately. 9 COMMISSIONER BELEW: What in particular was 10 changed? Or is there anything new? 11 COMMISSIONER LETZ: It's the -- 12 JUDGE KELLY: Well, tax exempt. 13 COMMISSIONER LETZ: Well, it's going -- or 14 we're tax exempt and they're obviously a for-profit. So 15 we have to -- it has to be clear that we -- we control 16 the facility, not a for-profit company controls the 17 facility. And then it goes into -- reiterates some of 18 the things that we have control over. 19 COMMISSIONER BELEW: Well, I see that here. 20 But I didn't know if that was new or not. 21 COMMISSIONER LETZ: Yeah. 22 JUDGE KELLY: Well, and to put it into 23 context, we're talking about refinancing some of our 24 certificates of obligation that are on the Youth Event 25 Center. In order to do that, in order to maintain our 37 1 tax exempt status, we need to make it clear that we 2 control that facility, because the purchasers of those 3 bonds need to know that that is going to be tax exempt 4 and there's not going to be any questions. So this just 5 clears the air, makes it crystal clear to the IRS and 6 everyone else and the people that are buying these 7 bonds. 8 COMMISSIONER LETZ: Right. So then I'll 9 make a motion that we approve the amendment and 10 authorize the County Judge to sign. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Letz, seconded by Commissioner Belew to 14 approve the amendment for the financial agreement with 15 Spectrum -- Global Spectrum, L.P. d/b/a Spectra Venue 16 Management. Any further discussion? 17 And Jake, we appreciate your cooperation to 18 help us do this. 19 MR. WILLIAMSON: You bet. 20 JUDGE KELLY: So with that, those in favor 21 raise your hand. Five, zero, unanimous. 22 Okay. The last item on the Consideration 23 Agenda, I really want to put over to the Executive 24 Session because it is to consider, discuss and take 25 appropriate -- okay, the next to the last item on the 38 1 agenda. We have another item. Consider, discuss and 2 take appropriate action regarding authorization for 3 purchase of real property. 4 As you know, you have authorized 5 Commissioner Letz and I and Capital Improvement Planning 6 Committee to negotiate purchase money contracts with 7 various sellers for property that we're looking to use 8 in our bond issue. We have another property that we 9 have a counter-offer from that we're looking at. 10 But if we're going to -- but to remind 11 everyone, we have to come back to the Court for final 12 approval if we're going to recommend that we purchase 13 that property. We're getting close on this one. So we 14 just put it on the agenda but it would be something we 15 probably need to discuss about the negotiations in 16 Executive Session, which we're going to do in just a 17 little bit. 18 COMMISSIONER LETZ: And there's -- as part 19 of this the idea is that we're going to, hopefully, if 20 the rest of the Court wants to, go out and look at both 21 pieces of property. Because it's -- we know the cost, 22 and kinda figure out the logic behind them. 23 JUDGE KELLY: So we're getting close to 24 looking at it and we need to get you folded into it. 25 MRS. STEBBINS: And you all asked about a 39 1 field trip in Executive Session at last Court and you 2 all can do that. If you appropriately post the 3 alternate location for your meeting, you can -- you can 4 go to the site in Executive Session. 5 JUDGE KELLY: So we don't have that posted 6 72 hours in advance. Does that mean we don't go today? 7 We don't have an alternative site in our agenda. 8 MRS. STEBBINS: I think that -- I think -- 9 COMMISSIONER BELEW: This says to take 10 appropriate action. That, I think, would be appropriate 11 action. 12 MRS. STEBBINS: To have a field trip? 13 COMMISSIONER BELEW: When required. Not 14 every agenda item. 15 JUDGE KELLY: What -- what we can do is we 16 want to talk about it in Executive Session because we're 17 in the negotiating phase, and obviously that needs to be 18 done confidentially. As far as the action to be taken, 19 if there's going to be any action taken, we can do it 20 after Executive Session, because we have a -- that is on 21 the agenda. Or we can schedule an official site 22 inspection at a subsequent meeting. But what I'm 23 hearing from the County Attorney is we have to identify 24 where that location is going to be, where we're going to 25 be, so the public can come to us if they want to. But 40 1 if it's in Executive Session we can't let them in 2 anyway, can we? 3 MRS. STEBBINS: That's right. That's right. 4 JUDGE KELLY: So kind of a -- we've got to 5 tell them where it is so they -- they can't come in if 6 they show up? 7 COMMISSIONER BELEW: Well, wait a minute. 8 It has to be posted because it's a quorum. 9 JUDGE KELLY: Right. 10 MRS. STEBBINS: Yes. 11 COMMISSIONER BELEW: But it's an executive 12 issue. So -- 13 JUDGE KELLY: But the truth of the matter 14 is, any one of them, any one of us, and any one of the 15 public can go by and take a look at this location and 16 we're happy to disclose where they are. Because I think 17 the public knows the property that we're talking about. 18 And just so that the public -- so there's no 19 misunderstanding, one of the properties is -- I forget 20 the name of the group but they own five acres over by 21 Freeman Fritz? 22 COMMISSIONER LETZ: VA -- Veterans -- 23 COMMISSIONER MOSER: Service dog. 24 COMMISSIONER LETZ: Service dog -- 25 COMMISSIONER MOSER: Whatever. Service dog 41 1 training, I think. 2 JUDGE KELLY: And it's five acres adjacent 3 to Freeman Fritz out off Spur 100. And then the other 4 property that we're looking at is approximately -- it's 5 short of 16 acres, which is behind Road & Bridge, right 6 there on Spur 100. And it goes back between the VA and 7 the two cemeteries over there. 8 COMMISSIONER MOSER: Right. 9 JUDGE KELLY: So those are the properties 10 that we're looking at so the public knows. And whether 11 we can go there in Executive Session today or not, I 12 want to encourage all of the Commissioners to go by 13 there and take a look at it and we'll discuss it in 14 Executive Session and where we are with regard to 15 negotiations. Okay? 16 COMMISSIONER HARRIS: Are these time 17 sensitive? 18 JUDGE KELLY: No. But it's year end 19 sensitive. I'm trying to get them wrapped up for this 20 year. 21 COMMISSIONER MOSER: That's a 30 thousand 22 foot look at time. 23 JUDGE KELLY: It is. 24 COMMISSIONER MOSER: The end of the year. 25 It's not by your watch; it's by your calendar. 42 1 JUDGE KELLY: So with that, let's go ahead 2 and move on to Item 1.8 which is an Addendum. And this 3 is to consider, discuss and take appropriate action to 4 hire Chief Public Defender for the Hill Country Regional 5 Public Defender's Office. 6 And sometimes I look back on this year and 7 think look at all the things that we've had to do and 8 that we've accomplished. We have moved amazingly 9 rapidly with this public defender's office, and last 10 Friday we interviewed our final three applicants. This 11 is the Oversight Board. 12 And just to remind everybody, the way 13 this -- this Public Defender's Office is structured, it 14 is a department of Kerr County. And these 31 new 15 employees will be Kerr County employees. And Kerr 16 County has three members on that Oversight Board, three 17 of the eleven. And they are Commissioner Letz, myself, 18 and Keith Williams, our retired District Judge, who is 19 the chairman of that Board, in that organizational 20 meeting. 21 But what the -- in the oversight bylaws 22 require that at least seven of the eleven Board members 23 have to agree to the hiring and firing of the Chief 24 Public Defender. And we had eight that attended in 25 person last Friday, and it was unanimous for those 43 1 eight. 2 And from what we hear from the three that 3 weren't there, they are in agreement too, so I think 4 we're talking about a unanimous recommendation. But it 5 is ultimately this Court that hires that Chief Public 6 Defender, because that person is this County's Chief. 7 And that was crystal clear at our interview that we had 8 on Friday. 9 So with that recommendation from the 10 oversight Board of the Hill Country Regional Public 11 Defender's Office is to offer a position to be Chief 12 Public Defender to John Bull from San Antonio. He is -- 13 I can't go into his personal details, but he was the 14 Presiding Municipal Judge of San Antonio for 16 years. 15 And that -- to be a Presiding Judge for that -- that 16 court system down in San Antonio requires -- his 17 contract had to be renewed every two years. So he was 18 renewed eight times. 19 He has supervised over 150 employees for 20 this period of time and been in charge of a $30 million 21 budget, and is an adjunct professor at St. Mary's Law 22 School in trial advocacy, and we think a very good 23 resource to be able to recruit young up and coming 24 lawyers for us. So we were very impressed with him. 25 The other two applicants we were also 44 1 impressed with, we'd hire both of them if we could. But 2 we can only offer this -- this one position. We had 3 encouraged the other two that we interviewed, as well as 4 a couple other ones that we didn't interview to apply 5 for senior positions in his office because we were 6 impressed with their appearance as well. But that's the 7 recommendation of -- 8 COMMISSIONER MOSER: Can you say who the 9 other two were? 10 JUDGE KELLY: I don't know if we should or 11 not. 12 COMMISSIONER BELEW: If they haven't -- 13 COMMISSIONER LETZ: They haven't been -- 14 COMMISSIONER BELEW: I don't think we 15 should. 16 COMMISSIONER LETZ: None of the -- none of 17 them have been advised as to what the recommendation is 18 because it's this Court's decision so I would hate for 19 them to hear -- 20 COMMISSIONER MOSER: Okay. 21 JUDGE KELLY: They haven't been advised yet. 22 COMMISSIONER MOSER: Okay. Okay. 23 JUDGE KELLY: If they're watching YouTube 24 they know it now. 25 COMMISSIONER LETZ: And the one being 45 1 recommended hasn't been advised yet. 2 COMMISSIONER MOSER: Okay. 3 JUDGE KELLY: But if they're watching 4 YouTube then -- 5 COMMISSIONER MOSER: Then they know. 6 They're kind of up to speed. Okay. 7 JUDGE KELLY: But the PDO can't move forward 8 until the County decides whether or not you want to 9 accept our recommendation or not. 10 COMMISSIONER MOSER: Is -- he was Presiding 11 Judge of what, what court? 12 JUDGE KELLY: Bexar -- the San Antonio 13 Municipal Court System. 14 COMMISSIONER MOSER: San Antonio. Okay. 15 And his budget was what? 16 JUDGE KELLY: 30 million. 17 COMMISSIONER MOSER: 30 million. Wow. 18 COMMISSIONER LETZ: A couple of -- 19 JUDGE KELLY: He has hiring, firing, 20 supervising, training, budget experience. Very, very 21 well qualified. 22 COMMISSIONER MOSER: And does he plan to 23 commute from San Antonio to here or -- 24 JUDGE KELLY: No. He's agreed to move to 25 one of the five counties. 46 1 COMMISSIONER MOSER: Okay. 2 JUDGE KELLY: Just like we requested. 3 COMMISSIONER MOSER: Okay. Good. 4 COMMISSIONER LETZ: The thing that, you 5 know, that -- the reason -- it was very, very close 6 between Mr. Bull and another applicant. And the 7 difference was his administrative experience. This 8 position is starting an office from scratch. And it 9 just in my mind the administrative portion of it's 10 almost -- well, probably is more important than the 11 legal -- 12 COMMISSIONER MOSER: Probably so. Right. 13 COMMISSIONER LETZ: -- proficient, yeah. 14 And and he has benefited through his career that he's a 15 very good administrator. He's a very interesting 16 personality. He's very confident. He's very -- he 17 knows what he wants to do. I think he's -- already has 18 some of his staff in his mind who he would like to hire 19 if he's the one selected. He is -- 20 COMMISSIONER BELEW: That takes care of part 21 of it. 22 COMMISSIONER LETZ: Yeah. He -- 23 JUDGE KELLY: He's ready to run. 24 COMMISSIONER LETZ: -- he's ready to go. 25 He's a force to deal with. 47 1 COMMISSIONER MOSER: Good. Sounds good. 2 COMMISSIONER LETZ: Yeah. 3 JUDGE KELLY: Just by way of information, we 4 said we interviewed three. The third one that we 5 haven't mentioned is much younger, with ten years of 6 experience rather than 20 to 30 that we're looking at 7 with the other two. And we were very impressed with her 8 and we would certainly love for her to be -- to apply 9 for one of the senior positions because she's an up and 10 coming. She really is. 11 COMMISSIONER BELEW: Well, is Mr. Bull 12 interested in this because it's a new challenge? Is 13 that the idea or what? 14 JUDGE KELLY: Yes. 15 COMMISSIONER LETZ: Yes. 16 JUDGE KELLY: He's in his mid fifties and 17 retired from the City. And -- and is looking for a new 18 challenge. He's still got some good miles. 19 COMMISSIONER LETZ: I'll make a motion that 20 we offer the position to John Bull at a salary -- we can 21 set salary, too, correct? 22 JUDGE KELLY: Uh-huh. 23 COMMISSIONER LETZ: At 120,000, which is -- 24 and that is within the budget allocated by the grant. 25 COMMISSIONER HARRIS: Second. 48 1 JUDGE KELLY: We have a motion by 2 Commissioner Letz, seconded by Commissioner Harris. So 3 now discussion. 4 COMMISSIONER BELEW: I just want to make 5 sure everybody realizes what Commissioner Letz just 6 said, it's grant money and we're stewards of it and 7 manage it. 8 COMMISSIONER MOSER: 80/20. 9 COMMISSIONER LETZ: 80 percent of it. 10 COMMISSIONER BELEW: Well, the majority of 11 it comes from the grant. 12 COMMISSIONER LETZ: And we end up with 37 13 percent Kerr County pays or -- 14 JUDGE KELLY: 38. 15 COMMISSIONER LETZ: -- 38? 38 percent of 16 the total budget and his salary -- 17 JUDGE KELLY: This year. 18 COMMISSIONER LETZ: -- for this year. 19 JUDGE KELLY: Because we're going to do this 20 on case counts every year. 21 COMMISSIONER LETZ: Because it will be 22 reallocated. But you know, so it's -- but it will be 23 a -- basically a 30 person department eventually, we 24 believe. And this is the most critical spot. 25 JUDGE KELLY: This person actually does the 49 1 hiring and firing for the non-legal staff, as well as 2 the legal personnel. And we're not going to have 3 control over who he hires, we can just make 4 recommendation. 5 COMMISSIONER LETZ: And I think we -- we'll 6 recommend that he come up maybe at our next meeting or 7 the meeting after that, just to introduce him to 8 everybody. 9 COMMISSIONER MOSER: So it'll be kind of 10 like the Airport Board. They -- he's in charge of the 11 operations, administration, execution of public 12 defender's office, his budget, and he'll come to the 13 Court, or to the committee -- 14 JUDGE KELLY: No, he'll come to the 15 Oversight Board first. 16 COMMISSIONER MOSER: Yeah. First. Right. 17 And then to the -- 18 JUDGE KELLY: But he -- 19 COMMISSIONER MOSER: -- and then -- 20 JUDGE KELLY: And then he'll come to each 21 County's Commissioners' Court meetings -- 22 COMMISSIONER MOSER: Right. 23 JUDGE KELLY: -- and report. But 24 ultimately, we make the final decision. 25 COMMISSIONER MOSER: Okay. Good. 50 1 JUDGE KELLY: This is our employee. 2 COMMISSIONER MOSER: That's my 3 understanding. Okay. 4 JUDGE KELLY: And the -- the grant, with the 5 grant -- we posted this job description and salary for 6 120 to 130. And we're opting to go with the 120. And 7 if things work out as well as we anticipate, we'll 8 increase him as to what we think. 9 COMMISSIONER MOSER: Okay. Good. 10 COMMISSIONER HARRIS: I'll tell you that I 11 met him once when he came up to visit with Judge Kelly 12 and just passing through and got the name and I asked a 13 former Judge that I know in San Antonio and she had 14 nothing but good things to say about him. 15 JUDGE KELLY: Yeah. He -- he supervised 20 16 judges. He herded 20 cats. And had to get his contract 17 renewed every two years. 18 COMMISSIONER LETZ: And he -- it's 19 interesting. During his tenure as City Council changed 20 every two years, how they -- his performance review 21 system changed every two years because he was able to 22 navigate, you know, keeping City Council happy and 23 essentially-- and a lot of issues, the Bexar County 24 Commissioners' Court happy, because there is a lot of 25 overlap of magistration and things of that nature. 51 1 JUDGE KELLY: Just so the public knows, his 2 letters of recommendation were Phil Hardberger, past 3 Chief Justice of the Court of Appeals and Mayor of San 4 Antonio, John Clint, who is the Chief Financial Officer 5 for AACOG, and Bobby Perez, who was on the City Council. 6 I mean, we're talking about good, first rate references. 7 COMMISSIONER LETZ: He's done a good job. 8 JUDGE KELLY: So, those in favor raise your 9 hand. Unanimous, five, zero. 10 MRS. DOWDY: I have a question. I 11 apologize. Did y'all put the salary with that? 12 COMMISSIONER LETZ: Yes. 120. 13 MRS. DOWDY: 120. 14 JUDGE KELLY: Let move along to the Approval 15 Agenda. I saw the Auditor here just a minute ago. 16 COMMISSIONER MOSER: Here she is. 17 JUDGE KELLY: Try to give her lead time to 18 race in. So 2.1 pay the bills. 19 MS. SHELTON: Invoices for today's 20 consideration include $223,532.06 for Kerr County. The 21 Airport, $1,020.57. County Clerk fees, $1,581.20. And 22 the 198th DA Forfeiture Fund is $7.50. 23 COMMISSIONER MOSER: Move we pay the bills. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: Motion's been made by 52 1 Commissioner Moser, seconded by Commissioner Belew to 2 pay the bills as presented. Is there any discussion? 3 Those in favor raise your hand. Unanimous, five zero. 4 2.2 Budget Amendments. 5 MS. SHELTON: There are not any. 6 JUDGE KELLY: 2.3 late bills. 7 MS. SHELTON: There are not any. 8 JUDGE KELLY: 2.4 Auditor Reports. 9 MS. SHELTON: There are not any. 10 JUDGE KELLY: Thank you very much. 11 Item 2.5 Accept Monthly Reports. 12 COMMISSIONER HARRIS: There are none. 13 JUDGE KELLY: Since this is a special 14 meeting we don't have any. 15 2.6 Court Orders. 16 COMMISSIONER LETZ: Yes. We do have the 17 Court Orders from our November 23rd meeting, the 38446 18 through 38462, and the Court Orders from our November 19 30th meeting, 38463 through 38470. They all look to be 20 in order. Make a motion to approve. 21 COMMISSIONER BELEW: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Letz, seconded by Commissioner Harris to 24 approve the Court Orders as presented. Any discussion? 25 Those in favor raise your hand. Unanimous, five zero. 53 1 Information Agenda. 3.1 status reports from 2 Department Heads. I don't see any in the room. 3 Item 3.2 status reports from Elected 4 Officials. The only one in the room is -- two in the 5 room are shaking their heads no. 6 Item 3.3 status reports from Liaison 7 Commissioners. 8 COMMISSIONER HARRIS: The only thing I might 9 add is that this Friday I'm going to Uvalde to an 10 extension meeting for commissioners, some kind of 11 workshop. So we'll -- 12 JUDGE KELLY: I'll see you there. 13 COMMISSIONER HARRIS: Okay. 14 JUDGE KELLY: So is Schuchart. 15 COMMISSIONER BELEW: Well, I'm glad I'm 16 doing it by Zoom because we shouldn't have all three of 17 us be there. 18 COMMISSIONER LETZ: Oh, yeah. We can do it 19 online. 20 COMMISSIONER HARRIS: Good thing I brought 21 it up. 22 COMMISSIONER BELEW: That's all right. I 23 couldn't -- I had a schedule problem at the last minute 24 I realized I could do it via the computer so it worked 25 out. 54 1 COMMISSIONER MOSER: Yeah. I think we've 2 all attended that pretty regularly. 3 COMMISSIONER LETZ: It's usually real -- 4 very good. It's actually better than the ones in Austin 5 or San Antonio. Wherever the bigger ones are. 6 JUDGE KELLY: That's why I'm going. 7 COMMISSIONER HARRIS: I'd rather go west. 8 COMMISSIONER LETZ: The only thing I have 9 are the Animal Services Committee met last week. 10 Nothing really eventful there. Everything seems to be 11 going smoothly. Reagan is working on some operational 12 recommended changes and some fee changes and that will 13 probably come to us probably early January. 14 And he's been working on that for sometime 15 and it's really not changing a whole lot and I 16 understand the committee likes to get very detailed on 17 the rules sometimes. And I recommended to Reagan and to 18 the committee, I said we're not getting real detailed. 19 He needs to have the discretion to operate and make 20 decisions for a lot of it on the spot. And so these are 21 more fees and general rules, but we're not getting into 22 details on how to operate the facility. 23 COMMISSIONER BELEW: Well, since I'm the 24 liaison for the Historical Commission, I'll remind 25 everybody that this is Pearl Harbor Day. So we should 55 1 never forget that, that our nation was attacked on this 2 day. And we made it through that, we're going to make 3 it through this other stuff, too. 4 COMMISSIONER HARRIS: Without a doubt. It's 5 bittersweet for me because it's my parents' anniversary 6 and my brother is also getting married today. So it's 7 easy to remember. 8 COMMISSIONER BELEW: Easy to remember. 9 JUDGE KELLY: Just to follow up on 10 Commissioner Letz's discussion about Animal Services. 11 We're getting ready to go into Executive Session in a 12 minute and that's a large part of what we're looking at 13 is a place to relocate Animal Services. So that is 14 something that is very actively under consideration as 15 we proceed. 16 COMMISSIONER LETZ: And we just brought that 17 up. Let me go back a little bit on one of the things 18 that was talked about. And this -- I think Commissioner 19 Moser was the one that brought it up a year or two years 20 ago initially, was us getting out of the adoption 21 business. Direction it looks like the committee 22 supports, and Reagan, and myself, is that the new 23 facility would -- well, Reagan would like to get the 24 County's responsibilities back to Animal Control, and 25 not much with the adoption. But there is an adoption 56 1 puzzle that has to be handled and the direction it looks 2 like we're trying to go is to do something similar we 3 did with Spectra and go with an outside entity to 4 operate the adoption side of the County facility. 5 COMMISSIONER MOSER: Good. 6 COMMISSIONER BELEW: That would be a good 7 contract. 8 COMMISSIONER LETZ: And the design of it 9 would be such that there would be, kind of connected but 10 separated at the same time, so those would be -- 11 COMMISSIONER MOSER: Same general area. 12 COMMISSIONER LETZ: And same building 13 because you have to -- we have to house animals for 72 14 hours. So we have to have a kennel portion in ours, but 15 once it comes to the adoption side, other than back to 16 the reclaims, I think that that should be it, you know, 17 we have to handle. The adoption side would go out to 18 another entity. And that seems to be well received by 19 the committee to go into direction. 20 COMMISSIONER MOSER: Fantastic. Good. 21 Good. Great. 22 JUDGE KELLY: Okay. Anything else? Then it 23 is 10:56 and the Commissioners' Court will adjourn into 24 Executive Session to discuss deliberation regarding real 25 property pursuant to Chapter 551.072 of the Texas 57 1 Government Code. 2 COMMISSIONER LETZ: 9:56. 3 JUDGE KELLY: 9:56. I stand corrected. 4 9:56. Take a five minute break. 5 (Recess.) 6 (Executive Session.) 7 JUDGE KELLY: Okay, Court will come to 8 order. And 10:38 that we came out of executive session. 9 There's no business as a result of that. And there 10 being no further business, then Court is adjourned. 11 * * * * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Special Commissioners' Court. 9 Dated this the 11th day of December, A.D. 10 2020. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/31/2021 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25