1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Monday, May 16 & 17, 2022 6 9:00 a.m. & 8:30 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 T. BECK GIPSON, 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 1.1 Canvass the Official Election Results for 3 the May 7, 2022 Constitutional Amendment 4 Election as per TEC 67. 5 1.2 Consider, discuss and take appropriate 5 action for the Court to authorize the County 6 Engineer to execute a Memorandum of Understanding with Schreiner University 7 concerning the provisions for student internships. 8 2.1(a) Consider, discuss and take appropriate 9 9 action regarding the depository bank contract. 10 *** Adjournment. 12 11 *** Reporter's Certificate. 13 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE KELLY: Court will come to order. It 2 is Monday, December -- May the 16th, 2022, 9 o'clock in 3 the morning, and the Kerr County Commissioners' Court is 4 now in session. This is a special meeting; not a 5 regular meeting. 6 And so we'll go straight to the 7 consideration agenda, which is -- first item is 1.1 8 canvass the official election results of May 7th, 2022 9 constitutional amendment election per the Texas Election 10 Code. Bob Reeves. 11 MR. REEVES: Good morning, Judge. Before 12 you in your handouts you have the election results for 13 the races which the Commissioners' Court will need to 14 canvass will include the two propositions to the Texas 15 State Constitution. Registered voters in Kerr County as 16 of May 7th, 38,323. Total who voted in the election 17 5,888. 18 Proposition 1, voting for the amendment, 19 4,456. Voting against, 1,123. 305 undervotes, 4 20 overvotes. 21 Proposition 2, voting for 5,007. Voting 22 against, 742. 132 undervotes. 7 overvotes. 23 This is in accordance with the Chapter 67 of 24 the Texas Election Code. I would like the Court to 25 approve the vote totals. 4 1 Judge, in the back of your materials are 2 three copies, which require your signatures. 3 JUDGE KELLY: Yes. Okay. 4 COMMISSIONER LETZ: Bob, question. What are 5 the difference in these two sheets? 6 MR. REEVES: You'll notice one reads 7 something similar to KISD 7, some very small totals on 8 that. 9 COMMISSIONER LETZ: Right. 10 MR. REEVES: That was due to the number of 11 different ballot styles which were required in this 12 election, which was unprecedented. We realized at a 13 time after the initial ballots were printed that one 14 part of Precinct 1 and one part of Precinct 4 applying 15 only to those voters who were in KISD District Number 7. 16 So those two were separate ballots, and we have then 17 combined the outcome of it. 18 COMMISSIONER LETZ: And the same with 19 Ingram? 20 MR. REEVES: There was a portion of that, 21 yes. 22 COMMISSIONER LETZ: All right. So we accept 23 these? 24 MR. REEVES: Accept the tabulations as 25 presented. 5 1 COMMISSIONER LETZ: I'll make a motion to 2 accept the tabulations as presented. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: Got a motion and second to 5 approve the canvass as submitted. Any discussion? 6 Those in favor raise your hand. Unanimous, five zero. 7 Item 1.2 consider, discuss and take 8 appropriate action for the Court to authorize the County 9 Engineer to execute a Memorandum of Understanding with 10 Schreiner University concerning the provisions for 11 students internships. Charlie Hastings. 12 MR. HASTINGS: Thank you, Judge. We've been 13 working with Schreiner University through the years 14 providing internship opportunities for their engineering 15 students. That's never been formalized until now. The 16 University would like to formalize it with this 17 Memorandum of Understanding, and I'm asking the Court to 18 authorize me to sign the Memorandum of Understanding. 19 And by formalizing it, it's really more 20 helpful to the students. It would guarantee the student 21 would get an evaluation from me. It guarantees that I 22 would provide documentation as exactly what the students 23 are doing, so that the Schreiner University could 24 approve that, have the opportunity to approve it and say 25 yes, this is a good internship. You'll get college 6 1 credit hours for interning with Kerr County Engineering 2 Department. 3 So I'm asking the Court to authorize me to 4 execute this Memorandum of Understanding agreement with 5 Schreiner University for provisions of engineering 6 internships. 7 COMMISSIONER HARRIS: Move for approval. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: We got a motion and second to 10 approve the Memorandum of Understanding with Schreiner 11 University for internships with County Engineer. Any 12 discussion? 13 COMMISSIONER LETZ: Two questions. One, 14 Heather, have you looked at it, or -- 15 MRS. STEBBINS: Yes. 16 COMMISSIONER LETZ: -- do you need to look 17 at it? 18 MRS. STEBBINS: No. I've looked at it. 19 COMMISSIONER LETZ: And the second thing is 20 for him to sign it. Can Charlie sign this, or does it 21 need to be signed by the Judge? 22 MRS. STEBBINS: I think it needs to be 23 signed by the Judge. Which is why he's here, I think. 24 COMMISSIONER LETZ: For the Judge to sign. 25 JUDGE KELLY: Okay. Any other discussion? 7 1 Those in favor raise your hand. Unanimous five zero. 2 With that, we don't have any other items on 3 the consideration agenda. We do have a proposed 4 executive session that I'm going to call, then we'll 5 have to take a vote on it. But it's 2.1(a), which is 6 regarding the depository bank contract. This is a 7 contract negotiation which requires unanimous approval 8 of the Court to go into executive session. 9 So I'm going to make a motion that we go 10 into executive session to discuss this, because I think 11 it's in the best interest of the County. We have a 12 written opinion from our County Attorney to that effect, 13 so -- 14 COMMISSIONER LETZ: I'll second the motion. 15 JUDGE KELLY: We've got a motion and a 16 second. Those in favor of going into executive session 17 raise your hand. Unanimour. We'll go into executive 18 session. 19 And Bob, I'd like for you to stay, and Tanya 20 if you'd stay, and Tracy. Of course the Sheriff gets to 21 stay. All of us. 22 MRS. STEBBINS: And Deb also will need to 23 stay for the contract negotiation. 24 JUDGE KELLY: Deb has to stay and for you to 25 stay. 8 1 MRS. STEBBINS: Thank you. 2 SHERIFF LEITHA: If it's okay, I put some 3 notes together that I wanted to share with y'all? 4 COMMISSIONER BELEW: About this? 5 SHERIFF LEITHA: Yes. I wasn't supposed 6 to -- 7 MRS. SHELTON: I can give you my notes -- 8 SHERIFF LEITHA: I wasn't supposed to be 9 here until this evening, but I drove straight through 10 and got in this morning. 11 COMMISSIONER LETZ: It would be better for 12 Heather or you, or Tracy or Tanya -- 13 SHERIFF LEITHA: I'll take them. I'll go 14 take them. I'll take them. That's all right, I'll take 15 them. 16 JUDGE KELLY: Okay. So we'll take a five 17 minute break, and we'll change the signs on the door and 18 start back up. 19 (Executive Session.) 20 JUDGE KELLY: Okay. It is 9:51, and Court 21 is back in session. And we're going to recess and we'll 22 convene again tomorrow morning at 8:30 to continue our 23 discussions regarding the possibility of changing 24 accounts. And if you would follow up and let us know. 25 MRS. SOLDAN: Yes, Sir. 9 1 JUDGE KELLY: Court is adjourned. 2 * * * * * * 3 (Overnight Recess.) 4 (Commissioner Belew absent.) 5 JUDGE KELLY: Court will come back to order. 6 We recessed yesterday until 8:30 this morning. It is 7 Tuesday, May the 17th, 2022 at 8:30 in the morning, and 8 the Court is back in session. 9 And after executive session yesterday, I can 10 report to the Court that we had a very successful 11 meeting with Mark Cowden at Security State Bank, and 12 we're ready to move forward. 13 So at this time, I'm going to make a motion 14 that we go ahead and send our 30-day termination letter 15 to Happy State Bank. 16 COMMISSIONER GIPSON: Second that motion. 17 JUDGE KELLY: Any discussion? 18 COMMISSIONER LETZ: And the process to 19 move -- is there another motion that follows that? I 20 guess what's the next step, I mean we cancel that one -- 21 JUDGE KELLY: Okay. I'll amend the motion 22 to and move the county's bank accounts to Security State 23 Bank. And what we discussed yesterday was a 6 to 12 24 month transmission to move the accounts over. So that 25 we keep it as seamless as possible. 10 1 COMMISSIONER LETZ: Can we go with the 2 second bid -- 3 JUDGE KELLY: The second bid. 4 COMMISSIONER LETZ: -- as our depository? 5 MRS. STEBBINS: Two motions might be 6 cleaner. And so there are two court orders, one for 7 termination, and one for entering into an agreement with 8 the second depository. 9 JUDGE KELLY: Then, on advice of Counsel, I 10 take back my amendment. And my motion is that we go 11 ahead and send the 30-day termination letter to Happy 12 State Bank. 13 COMMISSIONER GIPSON: Second. 14 JUDGE KELLY: For the bank accounts. We got 15 a motion and second. Any discussion? 16 COMMISSIONER HARRIS: You have a 17 conversation with Happy State Bank as well? 18 JUDGE KELLY: We tried. We tried to get an 19 appointment, and were not able to get in. 20 COMMISSIONER HARRIS: Okay. Kind of sums 21 up. 22 JUDGE KELLY: So what we're going to do is 23 go ahead and deliver the written notice today. With 24 that, those in favor raise your hand. Unanimous, four 25 zero. 11 1 Second motion is that we -- the County place 2 its banking accounts, we have 38 accounts, is that 3 right? 4 MRS. SOLDAN: Yes, Sir. 5 JUDGE KELLY: With Security State Bank, 6 where they've been over the last almost 30 years. We 7 met with them yesterday and had a very successful 8 meeting. Each one of the financial representatives 9 here, the Tax Collector, the Auditor, and the County 10 Treasurer, as well as the Sheriff and I met with them 11 and they arranged us to meet individually with everyone 12 that has accounts, and successfully and seamlessly 13 transition back to -- 14 COMMISSIONER HARRIS: To where we were. 15 JUDGE KELLY: Yes. Back to where we were. 16 COMMISSIONER GIPSON: Second. 17 JUDGE KELLY: We got a motion and a second. 18 Any discussion? 19 COMMISSIONER LETZ: Clarification on some 20 terminology. So I think it would be -- or accurate 21 would be, or to clarify, that we're going to move our 22 depository for Kerr County to Security State Bank. And 23 they were the second high bid when we put it out for 24 bid. 25 JUDGE KELLY: Yes. And just to clarify. I 12 1 believe it's every four years that we have to open, put 2 out for bid, our depository banking business. And that 3 was put out last year. Happy State Bank was the low lid 4 bidder. We went with them, that has been an 5 unsuccessful relationship, so now we're going down to 6 the second high bidder, which is Security State Bank who 7 by the way clarified yesterday, that they weren't 8 charging us any fees anyway. They were all written off. 9 So that was the good news that we got. So that that 10 means that they're equivalent to what Happy State Bank's 11 bid was, which is no banking fees. 12 MRS. STEBBINS: So their contract will come 13 back before the Court at later date. 14 JUDGE KELLY: Yes: 15 MRS. SOLDAN: And Judge, the statute also 16 allows me to do a two-year extension after that four 17 year period. So we have six years between bidding 18 processes, if we want. 19 JUDGE KELLY: That is at your sound 20 discretion. 21 So with that, those in favor raise your 22 hand. Unanimous, four zero. 23 Any other business before the Court? 24 Okay. We are adjourned. 25 * * * * * * 13 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 3rd day of June, A.D. 2022. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/30/2023 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25