1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, December 8, 2014 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BOB REEVES, Commissioner Pct. 4 2 1 I N D E X December 8, 2014 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Consider/discuss, take appropriate action on request to use Courthouse Square for annual 5 Cowboy Breakfast on January 16, 2015 8 6 1.2 Consider/discuss, take appropriate action to elect an alternative under Section 232.009 and 232.0095 7 LGC to modify Kerr County Subdivision Rules and Regulations as it relates to Section 6.04 11 8 1.3 Public Hearing regarding revision of plat for 9 Lots 5 and 6, Saddlewood Estates, Precinct 1 -- 10 1.4 Consider/discuss, take appropriate action for final approval regarding revision of plat for 11 Lots 5 and 6, Saddlewood Estates, Precinct 1 16 12 1.5 Consider/discuss, take appropriate action to open, read, and award annual bids for road base, 13 cold mix, aggregate, emulsion oil, and corrugated metal pipe 21, 14 101 1.6 Consider/discuss, take appropriate action to fill 15 open and funded 15.1 Road Maintenance Technician position at Road and Bridge Department 24 16 1.7 Consider/discuss, take appropriate action on 17 resolution to honor Ingram Tom Moore Warrior football team 32 18 1.8 Consider/discuss, take appropriate action on 19 service contract rate reduction from Republic Services for trash/waste services at Kerr County 20 Animal Services; allow County Judge to sign same 35 21 1.9 Consider/discuss, take appropriate action to approve Change Order #4, which includes Change 22 Proposals 12, 16, 17, 18, 19, 20 and 21 for the Event Hall at Hill Country Youth Event Center 37 23 1.10 Consider/discuss, take appropriate action 24 regarding publishing Request for Proposal for a Naming Rights Partnership with Kerr County for 25 Hill Country Youth Event Center 38 3 1 I N D E X (Continued) December 8, 2014 2 PAGE 3 1.11 Consider/discuss, take appropriate action to approve bonds of elected officials and other 4 officials requiring bonds with terms of office beginning January 1, 2015 44 5 1.12 Consider/discuss, take appropriate action regarding 6 bid for flooring on second floor of the courthouse 47 7 1.13 Consider/discuss, take appropriate action regarding report from Eric Maloney, First Responder 8 Coordinator 55 9 1.14 Consider/discuss, take appropriate action on request from HEB to use Show Barn at Hill Country 10 Youth Event Center on February 28, 2015, for their Family Fun Day 59 11 1.15 Consider/discuss, take appropriate action to 12 approve contract with Kerr County Soil & Water Conservation District; allow County Judge to sign 13 same 65 14 1.16 Consider/discuss, take appropriate action to authorize maintenance staff to remove two welded 15 wire partitions from cattle pens on south side of indoor arena at Hill Country Youth Event Center 66 16 1.22 Consider/discuss lease agreement between City of 17 Kerrville and Kerr County concerning recycling drop-off center 71 18 1.17 Consider/discuss, take appropriate action to open 19 bids for administrative and engineering services for Kerrville South Wastewater Project, Phase 6 76 20 1.18 Consider/discuss, take appropriate action 21 regarding resolution authorizing the award of professional service provider contracts for the 22 2014 Texas Community Development Block Grant, Contract 7214025, for Kerrville South Wastewater 23 Project, Phase 6 81 24 1.19 Consider/discuss, take appropriate action to approve resolution to designate authorized signa- 25 tors for 2014 Texas CDBG Fund Contract 7214025 82 4 1 I N D E X (Continued) December 8, 2014 2 PAGE 1.20 Consider/discuss, take appropriate action to 3 approve resolution to adopt complaint and grievance procedures related to TxCDBG Program 83 4 1.21 Consider/discuss, take appropriate action to 5 approve proclamation declaring April as Fair Housing Month 85 6 1.23 Consider/discuss, take appropriate action to set 7 the ribbon-cutting ceremony for Hill Country Youth Event Center on Friday, Jan. 16, 2015, at 10 a.m. 85 8 1.24 Consider/discuss, take appropriate action 9 approving landscape plan, plant budget, plant acquisition, and related issues for Event Hall 10 at Hill Country Youth Event Center 88 11 1.25 Consider/discuss, take appropriate action to order dedication plaque for Hill Country Youth 12 Event Center 98 13 1.26 Consider/discuss, take appropriate action regarding update of construction at Hill Country 14 Youth Event Center and related issues 99 15 1.27 Public Hearing regarding petition to resume maintenance of Gulch Ranch Road (aka South Park) 16 pursuant to petition dated October 30, 2014, by Robert R. Taylor, Vice President, Guadalupe Ranch 17 Property Owners 103 18 1.28 Consider/discuss, take appropriate action on petition to resume maintenance of Gulch Ranch Road 19 (aka South Park) pursuant to petition dated October 30, 2014, by Robert R. Taylor, Vice President, 20 Guadalupe Ranch Property Owners 120 21 1.29 Consider/discuss, take appropriate action to approve 2015 Workers Compensation Policy coverage 22 under the four TAC classifications: volunteer firefighters, volunteer law enforcement, volunteer 23 emergency medical personnel, and volunteers-all other. (Executive Session) 137, 24 141 1.30 Consider/discuss, take appropriate action 25 regarding fire alarm monitoring at Hill Country Youth Event Center 138 5 1 I N D E X (Continued) December 8, 2014 2 PAGE 3 4.1 Pay Bills 142 4.2 Budget Amendments 143 4 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 143 5 5.1 Reports from Commissioners/Liaison Committee 6 Assignments 144 5.2 Reports from Elected Officials/Department Heads --- 7 3.1 Action as may be required on matters discussed 8 in Executive Session --- 9 --- Adjourned 149 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 On Monday, December 8, 2014, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE POLLARD: All right. It's 9 a.m., 8 December 8th, 2014, and the Kerr County Commissioners Court 9 is in session. Let's see, I think Commissioner, Precinct 1, 10 is up today for the... 11 COMMISSIONER BALDWIN: Okay. Stand and bow your 12 heads and -- 13 COMMISSIONER MOSER: The reverend. 14 COMMISSIONER BALDWIN: Yeah, the Reverend Baldwin. 15 Have a word of prayer, and then we'll do the pledge of 16 allegiance. 17 (Prayer and pledge of allegiance.) 18 JUDGE POLLARD: All right. The first thing is the 19 visitors' input. Is there anybody wishes to address the 20 Commissioners Court on anything? I haven't had any forms 21 filled out to bring up here, but if there are those that -- 22 that wish to address the Commissioners Court, please step 23 forward. All right, there being none, how about going to 24 Commissioners' comments? 25 COMMISSIONER BALDWIN: Jeez, Judge, seems like this 12-8-14 7 1 -- the end of this week, we have a retirement party for Judge 2 Brown, I think, sometime. What day is that? 3 COMMISSIONER MOSER: Friday. 4 MR. BOLLIER: The 11th. 5 COMMISSIONER BALDWIN: This Friday. 6 MR. BOLLIER: The 12th. It's Friday, the 12th. 7 COMMISSIONER BALDWIN: It's Friday, the 13th. And 8 so we'll be upstairs with -- Judge Brown's retiring, so we 9 all want to be there if we can. And I just wanted to remind 10 you of that, and thank you for giving me that opportunity. 11 JUDGE POLLARD: Mr. Moser? 12 COMMISSIONER MOSER: Let's see. I was down at the 13 vehicle registration this morning, and Diane Bolin showed me 14 something that she received last week. It was a resolution 15 from Maverick County, "Diane Bolin Day" on December the 5th, 16 for all the work that she had done in her capacity, and a 17 really nice resolution. So, congratulations to Diane. 18 JUDGE POLLARD: I'd like to congratulate the Tivy 19 football team. They didn't -- didn't make it Friday night, 20 but they sure made it a long way into the playoffs this year, 21 the quarter finals. They got some really fine athletes out 22 there, and so they're to be congratulated for making it that 23 far. You got any comments? 24 COMMISSIONER LETZ: Judge, I'll follow up on that a 25 little bit. I went to that game, and it was eye-opening to 12-8-14 8 1 see Cedar Park. They are big and fast and good. It wasn't 2 -- you know, Kerrville just got outmanned, outgunned, more 3 speed, everything. But think -- I agree with you; I think 4 Kerrville played a really good game. I think Cade Dyal 5 played -- I think the whole team played well. It was just a 6 matter of being a little outgunned. 7 COMMISSIONER MOSER: How was the coaching? 8 COMMISSIONER LETZ: Coaching was good, no problem 9 that I saw. 10 JUDGE POLLARD: I beg to differ. Anyway, next? 11 COMMISSIONER LETZ: Be nice. 12 COMMISSIONER REEVES: I had the opportunity -- 13 JUDGE POLLARD: They don't elect me to be nice. Go 14 ahead. 15 COMMISSIONER REEVES: Had the opportunity to attend 16 a Christmas celebration at Old Ingram Loop this past weekend; 17 they called it Loopy Christmas. Very well attended. They 18 had a great tree-lighting, merchants all had specials and 19 everything, and it was well attended. There was parking all 20 the way back up to the volunteer fire station, so it was very 21 well attended, and they look forward to doing it again. So, 22 they're really trying to get some stuff going out there. 23 JUDGE POLLARD: That's great. All right. Any 24 other comments from anybody? Any more thoughts? All right, 25 let's go to Item 1.1 on the agenda, then. Consider, discuss, 12-8-14 9 1 and take appropriate action on request to use the Kerr County 2 Courthouse Square for the annual Cowboy Breakfast on 3 January 16th. Mr. Talarico. 4 MR. TALARICO: Good morning. How's everybody 5 today? 6 JUDGE POLLARD: Absolutely fantastic. 7 MR. TALARICO: Super. Angela Mayer is with me; she 8 is the vice president of operations at the Chamber, and we 9 would like, as the Hill Country District Junior Livestock 10 Show Association and the Chamber of Commerce, to request the 11 use of the courthouse lawn again for our annual Cowboy 12 Breakfast on January 16th. We'll be there setting up 13 actually the night before, right after the courthouse closes, 14 but it will run from 5:30 in the morning till 8:30-ish on 15 Friday morning. 16 COMMISSIONER LETZ: Move approval. 17 COMMISSIONER REEVES: Second. 18 JUDGE POLLARD: Question. Is this on the calendar 19 and reserved for that date? 20 COMMISSIONER REEVES: It's planned for. 21 JUDGE POLLARD: All right. Next question, how 22 about cleanup? 23 COMMISSIONER REEVES: They always take care of it, 24 Your Honor, leave it the way they found it. 25 JUDGE POLLARD: They definitely -- definitely 12-8-14 10 1 intend to clean it up? 2 MR. TALARICO: Yeah, and you guys always help. Tim 3 and his staff have the cones out for me, make sure our 4 electricity is there. The City gets involved and helps a 5 little bit with stuff as well. 6 JUDGE POLLARD: All right. 7 SHERIFF HIERHOLZER: And Buster throws chips real 8 well. 9 MR. TALARICO: Well, this year we actually have two 10 new members that will be throwing some chips, of this Court, 11 I believe. 12 SHERIFF HIERHOLZER: Oh, yeah. Judge has got to 13 help clean up chips and stuff, too. 14 MR. TALARICO: And Commissioner Reeves, too. 15 COMMISSIONER REEVES: We'll talk later, Jeff. 16 (Laughter.) 17 JUDGE POLLARD: He's always slinging that stuff, 18 that's all I can say. 19 MR. TALARICO: We're going to see how well the 20 accuracy is. 21 JUDGE POLLARD: Oh, okay. All right. 22 COMMISSIONER MOSER: Got the reigning champion over 23 here. Letz. 24 JUDGE POLLARD: Yeah, Commissioner Letz. He's -- 25 COMMISSIONER MOSER: He's been practicing all year. 12-8-14 11 1 I wanted to let you know that, too. Practicing all year. 2 COMMISSIONER LETZ: Right. 3 JUDGE POLLARD: All right. It's been moved and 4 seconded for approval to allow the -- allow Kerr County 5 Courthouse Square to be used by the annual Cowboy Breakfast, 6 and livestock -- Junior Livestock Association. Any further 7 discussion? There being none, those in favor, signify by 8 raising your right hand. 9 (The motion carried by unanimous vote, 4-0.) 10 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 11 sir. 12 MR. TALARICO: Thank you. Appreciate the Court. 13 JUDGE POLLARD: 1.2; consider, discuss and take 14 appropriate action to elect an alternative under Section 15 232.009 and 232.0095, L.G.C., to modify the Kerr County 16 Subdivision Rules and Regulations as it relates to Section 17 6.04 of the Kerr County Subdivision Rules and Regulations. 18 Commissioner Letz. 19 COMMISSIONER LETZ: The ultimate recommendation I 20 have on this is that we're going to pass on this today, but I 21 think it does warrant a little bit of discussion, because 22 it's going to relate to another agenda item shortly after 23 this. The -- what this provision does is, it is an election 24 that I believe we can probably make. I've talked to Chuck 25 Kimbrough from Bickerstaff-Heath; he knows a lot about this. 12-8-14 12 1 It's a decision we can probably make, but he doesn't think we 2 can probably make it today. He thinks it's -- notice needs 3 to be done. There's -- 4 JUDGE POLLARD: After the public hearing. 5 COMMISSIONER LETZ: Public hearing needs to be done 6 on this kind of a change to the Subdivision Rules and 7 Regulations. There's a -- it's Chapter -- what is it? -- 8 232.0095 is probably not the best worded part of the Local 9 Government Code. It's a very odd sentence. You can -- I can 10 interpret it three different ways myself, and I think others 11 can interpret it part -- some of those ways, and different 12 ways. But, anyway, I think at this point, I think it's -- 13 it's not wise to rush this. Mr. Kimbrough agrees with that, 14 and I value his opinion greatly; he's someone we've relied a 15 lot on. And the County Attorney also wishes that we not act 16 on this today, for the same reason as Mr. Kimbrough. So, 17 that's kind of where I want to go. I don't know -- I know 18 Don Voelkel has been very -- has a lot of opinions on this 19 provision, and -- 20 JUDGE POLLARD: I can tell by the expression and 21 the glances back and forth. What do you got to say, Don? 22 MR. VOELKEL: Well, what's he's talking about, I'll 23 give y'all -- he's seen it, but I'll give y'all -- this is 24 .0095 in the 232 Government Code -- local government, not the 25 city. And it says -- the top of it says, This section only 12-8-14 13 1 applies to real property located outside municipalities and 2 outside the ETJ, as determined by Chapter 42, of a municipal 3 population of a million and a half or more. I read that that 4 we're out of both of those. I mean, I don't know why there's 5 a question. And then I got another one. 6 JUDGE POLLARD: That's the way I read it. 7 MR. VOELKEL: This is the same, .009 for revisions 8 of plat, which we've been doing forever, and it's got the 9 same first paragraph. Identical. This section applies to -- 10 COMMISSIONER MOSER: Thank you. 11 MR. VOELKEL: -- outside municipalities and outside 12 of the ETJ of a million and a half or more. I see that we're 13 out of both of those. I don't see -- and what that allows 14 the County to do is to adopt part of the city government -- 15 212, like amending plats, like the one we have on the agenda 16 today. When, like, all we're doing is tweaking a lot line, 17 you do not have to have a public hearing. You don't have to 18 have public notice. It allows you to adopt that part of the 19 -- of the City's code to do things like amending plats and 20 stuff. So, I'm not trying to -- I'm not an attorney. I've 21 talked to two other attorneys who both agree with me, and 22 obviously one attorney doesn't, which is y'all's attorney, 23 and whoever Kimbrough is. So, the way I look at it is if we 24 can adopt this, it's going to make -- remember how last time 25 y'all were talking about, "Why don't we do it the way the 12-8-14 14 1 City does it?" Well, this is the step that would allows us 2 to. So, I just -- I don't know why we've been doing 3 revisions of plats with the same exact language that this 4 has, but we can't do this. So, that's my stance. I mean, 5 and we've been -- not arguing; we've been discussing this for 6 -- well, for a lot longer than -- than we should have. It's 7 been going on for a while. I just think it needs to be 8 resolved, and I think it can be, but that's my opinion, and 9 y'all have another opinion, or several. 10 COMMISSIONER LETZ: No, I -- let me clarify. 11 Mr. Kimbrough does not disagree that we can do it. He says 12 we can't do it without a public hearing and a notice. We 13 can't do it today, is what he says. 14 MR. VOELKEL: I thought you said even if we do 15 it -- well, we still want to do this one because it's in the 16 ETJ. 17 COMMISSIONER LETZ: We can't do anything on it. We 18 cannot do anything on this provision today. 19 MR. VOELKEL: No, no, I understand that. But I -- 20 JUDGE POLLARD: From an action standpoint. 21 COMMISSIONER LETZ: From an action standpoint. 22 JUDGE POLLARD: But we can hold a public hearing. 23 COMMISSIONER LETZ: We can set it on the next 24 agenda to do it, to make this change, whether you change it 25 as part of a subdivision revision that's going to take place 12-8-14 15 1 probably the first quarter of the year, or do it before that. 2 We can do it either way. But I think the County Attorney 3 wanted to look at the provision a little bit more, and its 4 wording is not perfectly clear, 'cause you have to look at 5 commas and what's referring to what in that provision. 6 MR. VOELKEL: But the fact that both -- the 7 language in both statutes is the same, and we've been doing 8 the other one, but now we can't do this one. So, I think we 9 should be able to do this in the county and the ETJ, as long 10 as the County -- we're still having to take plats to the City 11 and the County, like this one in Saddlewood, 'cause it's in 12 the ETJ, and I don't think that's right. Personally, I think 13 the interlocal agreement should have been either one or the 14 other. I don't care which one we go to, but I think it's a 15 burden on my clients, other people's clients, to have to go 16 to two meetings, have to pay me to get two sets of fees, two 17 sets of everything. It's doubled in the ETJ, and I don't 18 think it should be. 19 JUDGE POLLARD: And Don and I are in agreement on 20 that as well. See? We agree on most of the stuff. But -- 21 MR. VOELKEL: Just not getting anything done. 22 (Laughter.) 23 COMMISSIONER MOSER: That's the key thing. 24 MR. VOELKEL: So that's -- that's just my take on 25 it. 12-8-14 16 1 JUDGE POLLARD: Thank you. 2 MR. VOELKEL: Okay. 3 JUDGE POLLARD: Heather, what's your take? 4 MS. STEBBINS: That we can't -- we shouldn't take 5 any action today on it, or y'all shouldn't take any action 6 today on it. We need -- to make changes to the Subdivision 7 Rules, we need to -- 8 JUDGE POLLARD: Well, do we hold the public hearing 9 today, which is the next item? 10 MS. STEBBINS: On the next item? No, sir. It 11 wasn't advertised right, or it wasn't published the right 12 way, so no, sir, we cannot. For different reasons. 13 JUDGE POLLARD: On advice of our counsel, we're 14 going to skip any action on 1.2, and we'll go to -- skip the 15 public hearing on 1.3 on the agenda. All right. 16 COMMISSIONER LETZ: I think -- Judge, I think on 17 the -- on 1.3, just so the public is aware, the error on that 18 was that the notice put in the paper listed the wrong sub -- 19 actually pulled up the wrong subdivision. It was a mistake 20 of the paper; it was not a mistake of anyone at Road and 21 Bridge Department or any county department. It was just -- 22 the paper made a mistake and posted the wrong notice. So, 23 you know, it's unfortunate, but that's just what happened. 24 JUDGE POLLARD: Okay, 1.3 is passed. 1.4; 25 consider, discuss, and take appropriate action for the 12-8-14 17 1 Court's final approval regarding the revision of plat for 2 Lots 5 and 6 of Saddlewood Estates, Block 2, Volume 6, Page 3 319, Precinct 1. It's Mr. Odom and Mr. Hastings. Good 4 morning, Charlie. 5 MR. HASTINGS: Good morning. Although we weren't 6 able to have a public hearing for this -- we've just now 7 skipped it for the reasons noted by Commissioner Letz -- we 8 still have some action we might be able to take on Lots 5 and 9 6 of Saddlewood. It is owned by one owner, Douglas and 10 Kathleen Matey. They would like to alter the lot line 11 between Lots 5 and 6 -- they own both lots -- to accommodate 12 a structure that they built a little too close to the line. 13 It is in the City's ETJ. It has already gone through the 14 amended plat process that Mr. Voelkel was talking about, 15 through the City, and that's ready to be filed. The change 16 would change Lot 5 to -- Lot 5A to 4.13 acres, and Lot 6 to 17 -- to 6A, 3.9 acres. It is on its own -- they have their own 18 water system out there, the whole subdivision does, so the 19 sizes of the lots are appropriate for O.S.S.F. We originally 20 were going to ask the Court for their final approval 21 regarding the revision of plat, but because of the error in 22 public hearing, we can't do that. 23 COMMISSIONER LETZ: Then I'll probably -- the other 24 -- I'll say one quick thing, and then refer it to the County 25 Attorney. The -- when I was talking to Mr. Kimbrough, who -- 12-8-14 18 1 and for those that may not know, Mr. Chuck Kimbrough is an 2 authority statewide on subdivision rules and regulations. He 3 works for Bickerstaff Heath in Austin, and is outside counsel 4 that we have used frequently, that law firm and 5 Mr. Kimbrough. His verbiage is -- or what he told me on the 6 phone on Friday was that the Court can give a variance for 7 any reason we want. That being said, I'll turn it over to 8 the County Attorney. And a variance is the only way we can 9 approve this today, but there's a lot of negatives for giving 10 a variance. 11 MS. STEBBINS: And so the variance would be, from 12 what I understand, to -- 13 COMMISSIONER LETZ: The variance, as I see it, only 14 one that I think would work -- and I don't know; this is up 15 to you whether it would work or not -- would be a variance 16 from our Subdivision Rules to not require this to be platted 17 in the county, and go under the City's platting process, as 18 it's in the ETJ and it's already been through their process. 19 MS. STEBBINS: Right. So -- 20 COMMISSIONER LETZ: We'd like not to plat this 21 particular property. 22 MS. STEBBINS: So then it wouldn't require a public 23 hearing, but ultimately, -- 24 JUDGE POLLARD: Or any action. 25 MS. STEBBINS: -- to -- to get around the public 12-8-14 19 1 hearing -- no, it would be to get a variance, but it hasn't 2 been posted for a variance. It wasn't posted that way in the 3 agenda item. 4 COMMISSIONER BALDWIN: Let me ask a question. How 5 many lives do we lose if we don't do it today? Why can't we 6 do it right at the next meeting? 7 MR. HASTINGS: We can do it at a meeting in 8 January, 'cause it still has to go through the public hearing 9 process, and that has to start over. 10 COMMISSIONER BALDWIN: Whatever. I mean we're 11 stumbling around here trying to dot I's and cross T's, and 12 it's unnecessary, in my opinion. Let's just do it later, 13 unless there's lives and property at stake. 14 JUDGE POLLARD: Well there may be, but it's not 15 apparent to me. 16 MR. ODOM: Let's do it right. 17 MR. HASTINGS: Do it later. 18 MR. VOELKEL: I -- I have one question. If y'all 19 are going to put it on the agenda to have the public hearing 20 for changing the thing I just showed y'all, then we wouldn't 21 have to have this public hearing if we adopt that. So, my 22 question is, are y'all planning on doing that? To set up 23 the -- to adopt this part? 24 COMMISSIONER LETZ: Up the to the County Attorney. 25 MR. VOELKEL: Could I -- I want to tell my clients, 12-8-14 20 1 you know, what happened and why. So -- 2 COMMISSIONER BALDWIN: If I were king for a day, 3 Don, I would -- I agree with you on that other issue, and we 4 wouldn't have to have a public hearing. We'd just approve it 5 and go on. 6 MR. VOELKEL: Okay. I'll -- I would -- 7 JUDGE POLLARD: Not willing to give you an opinion 8 yet till we know all the -- all the facts, okay? 9 MR. ODOM: But it is under consideration. 10 MR. VOELKEL: All right. And -- and, see, there is 11 another thing; I have to do a new routing slip. We have to 12 go through all these hoops over again for the third time, 13 since I've already done it for the City. I think it's time 14 we do something, if it's possible, if the County Attorney 15 reviews this, like the thing I've showed y'all. We're 16 already doing revisions of plat under the same heading. I 17 don't know why we couldn't -- so I would hope that we can get 18 to that point. 19 COMMISSIONER LETZ: Can we not -- why do you have 20 to do a new routing slip? Can't we just let Road and Bridge 21 handle the same one? 22 MR. VOELKEL: I would be in favor of that. 23 Normally we have to be on the agenda; we have to do a routing 24 slip and get everything signed. So, if you'll just pass all 25 that to the next meeting in January, whenever that is, that 12-8-14 21 1 Charlie can set it up, that's fine with me. 2 MR. HASTINGS: And we'd planned on doing that. 3 JUDGE POLLARD: And let Road and Bridge handle it. 4 COMMISSIONER LETZ: Yeah, they'll handle it. 5 MR. VOELKEL: So we'll just pass this till the 6 public hearing. 7 JUDGE POLLARD: Do we need to make something -- 8 MR. VOELKEL: If that happens. 9 JUDGE POLLARD: -- some general motion to pass -- 10 delegate that to Road and Bridge? 11 COMMISSIONER LETZ: I don't think so. 12 MR. HASTINGS: No, sir, we don't. 13 MR. VOELKEL: Thank y'all. 14 COMMISSIONER MOSER: Just put it on. 15 JUDGE POLLARD: Okay. 1.5; consider, discuss, and 16 take appropriate action to open, read, and award annual bids 17 for road base, cold mix, aggregates, emulsion oil, and 18 corrugated metal pipe. Charlie? 19 MR. HASTINGS: After the bids have been opened and 20 read, we'd like to review them immediately, and then we'll 21 return to court today and award the annual bids for the road 22 base, cold mix, aggregate, emulsion oil, and corrugated metal 23 pipe. All bid prices are -- they're to begin January 1st, 24 2015, and they will be in effect until December 31st, 2015. 25 JUDGE POLLARD: Do you want to summarize them 12-8-14 22 1 instead of going -- 2 MR. HASTINGS: At this time, we ask the Court to 3 open and read all material bids. 4 JUDGE POLLARD: All right. Here's a base material 5 one from Reeh Quarry, L.P., in Comfort. Grade 1, one and a 6 half inch down, $6.15 a ton. Grade 2, $6 a ton. And f.o.b. 7 Kerr County, Grade 1, 10.65 a ton, and Grade 2, 10.50 a ton. 8 Are these the same ones? This is a duplicate copy, looks 9 like. Yeah, I think it's the same thing. 10 Here's one from Wheatcraft, Inc., Center Point, 11 Texas. 8.75 a ton for Grade 1. Grade 2, not applicable, it 12 says. Grade 1, 15.92 f.o.b., and trailer truck only. Looks 13 like that's a duplicate, too -- yeah, okay. 14 Corrugated metal pipe, Wilson Culverts, Inc. It 15 breaks it down to 15-inch, 18.50. 15, 24, 30, 15, couplings, 16 all of that stuff, it looks like everything from 9.09 a 17 linear foot to 14.18 each on couplings. That was this one, 18 all right. 19 This one is from Vulcan Construction Materials in 20 San Antonio. Trap rock, 37.13 a ton. Then it's 39-something 21 per -- 39.13 per ton, and 38.13 per ton under unit grade 22 cost; that was three grades, 3, 4, and 5 respectively. 23 COMMISSIONER LETZ: There's some other one in that 24 one, Judge, towards the back. 25 JUDGE POLLARD: Oh, okay. 12-8-14 23 1 COMMISSIONER LETZ: The other thing -- 2 COMMISSIONER MOSER: This is the trap rock? 3 JUDGE POLLARD: Yeah. All right. This one is from 4 Vulcan Construction Materials. Trap rock, Grades 3, 4, and 5 5 -- I think I've already read this one. 37.13 up to 38.13, 6 same thing. 7 COMMISSIONER MOSER: Okay. 8 JUDGE POLLARD: A bunch of copies. Emulsion oils, 9 Ergon Asphalt and Emulsions, Inc., in Austin. Bid form, Type 10 CRS-2, 2,000 -- what is it? 2.2507 per gallon, f.o.b. Kerr 11 County, and A.E.P., 2.9007 per gallon, f.o.b. Kerr County. 12 COMMISSIONER LETZ: Those are all the same; those 13 are all copies. 14 JUDGE POLLARD: All copies, same thing. 15 COMMISSIONER LETZ: Here's the last one, Judge. 16 JUDGE POLLARD: This is on corrugated metal pipe. 17 Contech Engineering Solutions, L.L.C., in San Antonio. 18 Starting out with a 15-inch arch all the way down to 30-inch 19 couplings, it's 9 -- ranges from 9.35 per linear foot all the 20 way down to 26.63 per item on couplings. Bunch of copies 21 there, too. 22 COMMISSIONER LETZ: Judge, I move we accept all 23 bids and refer them to Road and Bridge for recommendation. 24 COMMISSIONER REEVES: Second. 25 COMMISSIONER BALDWIN: Second. 12-8-14 24 1 JUDGE POLLARD: Any further discussion? There 2 being none, those in favor, signify by raising your right 3 hand. 4 (The motion carried by unanimous vote, 4-0.) 5 COMMISSIONER BALDWIN: Y'all are coming back today 6 with -- 7 MR. HASTINGS: Yes, sir. 8 COMMISSIONER BALDWIN: -- to make the final 9 decision? 10 MR. ODOM: We'll come back this morning, sir. 11 JUDGE POLLARD: It's 4-0, unanimous. 12 MR. HASTINGS: Thank you. 13 JUDGE POLLARD: 1.6; consider, discuss, and take 14 appropriate action to fill an open and funded 15.1 road 15 maintenance technician position at Road and Bridge 16 Department, Precincts 1, 2, 3, and 4. Mr. Hastings. 17 MR. HASTINGS: Thank you, Judge and Commissioners. 18 We have an open and funded position. It is a Grade 15.1. 19 It's a road maintenance technician. This year and in the 20 years past, we have attached to our agenda bill a list of 21 special projects that we've been doing. This special 22 projects along with our normal workload has made our work 23 somewhat challenging. We don't care to send people out solo. 24 We try not to have them work alone, but sometimes we have to 25 do that, and it's a practice that we really try to get away 12-8-14 25 1 from. And this year, we did fall behind in our mowing. We 2 would like to fill that position. 3 JUDGE POLLARD: It's one position? 4 MR. HASTINGS: Yes, sir. 5 COMMISSIONER BALDWIN: I move for approval. 6 COMMISSIONER MOSER: Second. 7 JUDGE POLLARD: All right. It's been moved and 8 seconded. These special projects -- 9 MR. HASTINGS: Yes, sir? 10 JUDGE POLLARD: Just for the edification of the 11 public, what would they be? 12 MR. HASTINGS: Things like out at the airport, 13 building a pad for the T-hangars, the Hill Country Youth 14 Exhibit Center, building a foundation out there. In the 15 past, we've done some work for the Sheriff's Office for the 16 new facility. It was new several years ago. Those are the 17 type of special projects we're talking about. 18 JUDGE POLLARD: I'm concerned that our special 19 projects may be interfering with our primary purposes. I 20 mean, Road and Bridge is here to -- to do -- take care of our 21 roads and bridges in the county, and that's constitutionally 22 mandated. Are we diverting our people too much to -- so that 23 we're not taking care of our roads and bridges in the county? 24 MR. HASTINGS: There are times when we feel that 25 way, but we are able to manage and overcome and adapt. And I 12-8-14 26 1 think if we keep a -- a full slate of workers, we'll continue 2 to do a good job on both ends. These special projects, a lot 3 of them would not be possible had we not put forth the effort 4 to make them happen, and we recognize that, and we honor that 5 as well. We're going to continue to honor it in the future. 6 But if it becomes so much of an issue that we feel that we 7 can't do our normal job, we will certainly bring that to the 8 Court's attention. 9 COMMISSIONER REEVES: Isn't it also true, Mr. 10 Hastings, that by working on these special projects, we don't 11 have to contract it out with the county, then -- I mean with 12 outside vendors, so we're looking out after saving money in 13 that manner? 14 MR. HASTINGS: It's a considerable cost savings, 15 yes, sir. As I mentioned, a lot of projects probably 16 wouldn't have been possible without it. We all pull 17 together, and we're all on the same team. 18 COMMISSIONER LETZ: Charlie, the question I have is 19 -- I have no problem with doing this. Is there going to be 20 a -- my recollections is there's another opening at a higher 21 level. Is there going to be some moving up when you fill 22 this spot? Is there going to be some -- 23 MR. HASTINGS: We've already done that. 24 COMMISSIONER LETZ: Already done that? 25 MR. HASTINGS: Yes, sir. 12-8-14 27 1 COMMISSIONER LETZ: So this is -- basically, you 2 promoted from within? 3 MR. HASTINGS: That's correct. 4 COMMISSIONER LETZ: And this is to fill this 5 vacancy, essentially. 6 MR. HASTINGS: Absolutely. 7 JUDGE POLLARD: Well, are we up to date on 8 maintaining the roads and bridges? What about that narrow 9 bridge out on Spur 100, that project? 10 MR. HASTINGS: That project we have deferred until 11 the spring or summer, when the levels in the creek of the 12 water are lower. 13 JUDGE POLLARD: So it's the weather that deferred 14 that, not the special projects? 15 COMMISSIONER MOSER: It's from the wastewater 16 treatment, yeah, so they have to wait -- wait till it's 17 reduced. 18 MR. HASTINGS: I am looking at other alternatives 19 to see if we can still try to get it done, 'cause even if we 20 do it in summer, there still are going to be times through 21 the day where the flow's going to be high. 22 COMMISSIONER MOSER: That's right. 23 MR. HASTINGS: Right now, it's just -- it's high 24 pretty much all the time. You can go out there and it may be 25 low, but give it a couple hours and it will be right back up, 12-8-14 28 1 so over the course of 24 hours, it's a challenge. 2 COMMISSIONER MOSER: I think -- two things. That's 3 a good subject. Number one, I think it needs to get done as 4 quickly as possible; it's pretty dangerous right now. Number 5 two -- I mean, it's really dangerous. And number two, I 6 don't think any of the special projects have impacted that, 7 if I'm correct, as far as -- that's not been an issue with 8 the Spur 100 widening right there because of special 9 projects, diversion of labor and resources. 10 MR. HASTINGS: Well, I -- we probably could have 11 got it done this summer we if we weren't working on other 12 things. 13 COMMISSIONER MOSER: Okay. 14 MR. HASTINGS: We probably could have. 15 COMMISSIONER MOSER: Okay. All right. 16 JUDGE POLLARD: See, that's my concern. 17 COMMISSIONER MOSER: Right. 18 JUDGE POLLARD: I think we -- we need to maybe 19 revisit the purposes of each division. Road and Bridge is 20 just that. Maintenance is maintenance, and if we want to 21 have special projects, then those kind of things need to be 22 included in the -- in the bids for the contractors to take 23 care of, because we need to comply with what the Constitution 24 requires us to do, and it directs us to do that. 25 COMMISSIONER MOSER: I agree. 12-8-14 29 1 JUDGE POLLARD: All right. 2 COMMISSIONER BALDWIN: Judge, let me make one 3 comment -- 4 JUDGE POLLARD: Sure. 5 COMMISSIONER BALDWIN: -- about that. I've been 6 thinking about this for a good while, and I think maybe it's 7 time that we have a -- just a small workshop. We can all 8 just sit around and let it all hang out, and -- and make some 9 decisions and talk about these things of -- of Road and 10 Bridge doing other projects, and -- and it affecting their 11 primary purpose. Same thing with Maintenance division, and 12 there's probably others; I don't have any idea. But I think 13 the way to do it is sit down like grown men and have a -- 14 have a good visit about it. 15 JUDGE POLLARD: Or decide to have -- adopt a 16 construction department if we want to do that, and then 17 include that kind of stuff in the budget. 18 COMMISSIONER LETZ: I think -- I agree with 19 Commissioner Baldwin on the discussion. I think that the -- 20 both sides. Road and Bridge needs to be doing what they need 21 to do, which is roads, but they're working on county 22 property, on road -- you know, on parking lot paving, on, you 23 know, other work that is, in my mind, part of their scope as 24 well. You know, but I'd be interested to hear from the 25 County Attorney. Is the charge to only work on county roads, 12-8-14 30 1 or can they work on other county property? I think that's an 2 interesting point on that, 'cause I think, to me, I've always 3 thought of it as both. And I think they have a primary 4 responsibility for the roads, but I think if we can save the 5 taxpayers dollars and use them at times, that's fine too, but 6 there has to be a balance. I think -- I think that same 7 discussion goes on with the Maintenance Department; we've 8 asked them to construct things frequently. That's not 9 maintenance, but it is -- we're able to get things 10 accomplished and save the tax dollars, so it's kind of a 11 balance. I think this workshop's a good way to do it, so we 12 can come up with -- at least this Court, while these members 13 are on it, we can come up with a policy, how we want to 14 proceed. 15 COMMISSIONER MOSER: I think those are all good 16 discussion items. I think it's a matter of priority. Any 17 department -- if you got Road and Bridge, and it's people's 18 safety and it's doing things that we're obligated to do, 19 that's got to be on a higher priority than some of the other 20 things. On the other hand, okay, if we agree to do things 21 like they did for the pad out at the airport and the hangars, 22 that was a joint project between City and County with the 23 State, so you -- and you have a contract on board. You got 24 to commit to a date, okay, when do you that, so it gets a 25 little bit dicey that way. So, it's -- I think as 12-8-14 31 1 Commissioner Baldwin said, it's -- 2 COMMISSIONER BALDWIN: It's worthy of a 3 conversation. 4 COMMISSIONER MOSER: -- worthy of conversation, 5 because you can't just do it "catch as catch can" when you're 6 in series with other contracts that we're obligated to. 7 So -- 8 JUDGE POLLARD: I think doing that, and maybe 9 adopting a policy about that is a good idea. 10 COMMISSIONER MOSER: Okay. 11 JUDGE POLLARD: Because it seems to me the trend's 12 gotten pretty severe. Those are all good projects that we 13 talked about. I'm not questioning that. 14 COMMISSIONER LETZ: Yeah. 15 JUDGE POLLARD: What we're doing. But I'm -- I 16 just say the trend is something that's got -- I'm concerned 17 about it, and I think we need to take a new look at it and 18 adopt some kind of policy about it. All right. Let's 19 proceed. 20 MR. HASTINGS: Thank you. 21 JUDGE POLLARD: All right. There's a motion on the 22 floor on that, isn't there? 23 COMMISSIONER BALDWIN: Yes. 24 JUDGE POLLARD: All right. Those in favor of that 25 motion, signify by raising your right hand. 12-8-14 32 1 (The motion carried by unanimous vote, 4-0.) 2 JUDGE POLLARD: It's 4-0, unanimous. 3 COMMISSIONER BALDWIN: We were still talking about 4 hiring the -- hiring the person for Road and Bridge? Is 5 that -- 6 JUDGE POLLARD: That's what it was. 7 COMMISSIONER BALDWIN: Okay. 8 COMMISSIONER MOSER: What you just approved. 9 JUDGE POLLARD: And approved it. And approved it. 10 All right. 11 MR. ODOM: Thank you. 12 MR. HASTINGS: Thank you. 13 JUDGE POLLARD: 1.6; consider, discuss, and take 14 appropriate action to fill an open and funded -- 15 COMMISSIONER MOSER: No, that's it. 16 JUDGE POLLARD: That is the one, all right. 1.7; 17 consider, discuss, and take appropriate action on resolution 18 to honor Ingram Tom Moore Warrior football team. Mr. Reeves. 19 COMMISSIONER REEVES: Yes. Thank you, Judge. I 20 think if everybody kept up, that Ingram and Tivy both had 21 great football seasons. Especially Ingram, who made the 22 playoffs for the first time in, I believe, 14 years. And 23 more so, they did something that -- the entire community of 24 Ingram and Ingram schools did something not so much on the 25 football field, but out of compassion. The last team they 12-8-14 33 1 played was from Edna, and the week prior to the game, one of 2 Edna's varsity players lost his life along with four siblings 3 in a very tragic house fire. I spoke with Dr. Templeton 4 about this, and he said they started with just an e-mail, 5 "Hey, this happened; y'all need to be aware of it. Maybe we 6 can do something." That was on the Tuesday before 7 Thanksgiving. By Friday night, the community had raised 8 $16,000 for this family. So, I'd like to read into the 9 record -- I spoke with Dr. Templeton that we were going to be 10 honoring the team for this, and I'd -- I'm not sure if 11 anybody from Ingram's here, or -- they were going to try to 12 be here, but I knew they had some other items they had to 13 take care of, but a resolution honoring the Ingram Tom Moore 14 High School football team for advancing to the Region 4 15 semifinals in Class 3A football. 16 "Whereas, the Kerr County Commissioners Court 17 commends this athletic achievement, and gives special honor 18 and commendation to the Warrior Nation for their pursuit of 19 such excellence; and whereas, the Ingram Warriors advanced to 20 the Region 4 semifinals by defeating Hitchcock 51 to 40, and 21 San Diego 22 to 6; and whereas, during the course of the 22 season, the Ingram Warriors qualified for the playoffs for 23 the first time in 14 years; and whereas, the Warriors tied 24 the school record for most victories in a season; and 25 whereas, the Warriors advanced further than any Ingram Tom 12-8-14 34 1 Moore football team since 1983; and whereas, the achievements 2 on the field is only surpassed by the compassion of the 3 community of Ingram, Texas, and the Ingram Independent School 4 District by raising $16,000 for the family of an opposing 5 football player who, along with his four siblings, lost their 6 lives in a house fire in Edna, Texas, the week of the game. 7 Now, therefore, be it resolved on this 8th day of December, 8 2014, that the Commissioners Court of Kerr County, Texas 9 honors the Ingram Tom Moore High School football team for 10 advancing to the Region 4 semifinals in Class 3A football, 11 and for demonstrating Ingram pride and spirit by leading the 12 community effort to help the family of the player who lost 13 his life." I move for approval and signing of this 14 resolution. 15 JUDGE POLLARD: Is there a second? 16 COMMISSIONER LETZ: Second. 17 JUDGE POLLARD: Been moved and seconded to execute 18 that resolution. Anybody -- any further discussion? 19 COMMISSIONER BALDWIN: I'd just like to make a 20 point, that I saw -- I can't remember the young man's name, 21 the sports guy on Channel 4. He's my favorite. What's that 22 boy's name? 23 COMMISSIONER MOSER: I don't know. 24 (Discussion off the record.) 25 COMMISSIONER REEVES: Don Harris. 12-8-14 35 1 COMMISSIONER BALDWIN: Don Harris. He did a 2 special on this. And it actually shows the video of Ingram 3 presenting the check to the family on the field and the whole 4 deal, and really, really emotional. It's -- that's a big 5 deal. That will turn that community around. 6 JUDGE POLLARD: Two guys had to carry the mother 7 out there to receive the -- she couldn't even walk. Wow, 8 lots of emotion involved. All right. Any further 9 discussion? 10 COMMISSIONER BALDWIN: So I'm honored to be a part 11 of this. 12 JUDGE POLLARD: We all are. No further discussion, 13 those in favor of the motion, signify by raising your right 14 hand. 15 (The motion carried by unanimous vote, 4-0.) 16 JUDGE POLLARD: It's 4-0, unanimous. All right. 17 1.18 -- I'm sorry, 1.8; consider, discuss, and take 18 appropriate action on service contract rate reduction from 19 Republic Services for trash and waste services at Kerr County 20 Animal Services, and allow the County Judge to sign the same. 21 Mr. Garcia? 22 COMMISSIONER REEVES: Your Honor, Mr. Garcia called 23 this morning. He's short-handed at Animal Services; he asked 24 me to handle this agenda item for him. The Animal Control 25 Department of Kerr County has been notified by Republic 12-8-14 36 1 Services that they're one of only 30 customers that have been 2 selected for promotion for rate reductions on their 3 dumpsters. And he did not provide me with the amount of 4 reduction, but it's a positive to our budget, and he would 5 like the contract approved and signed by you. 6 COMMISSIONER MOSER: Move for approval. 7 JUDGE POLLARD: All right. 8 COMMISSIONER REEVES: Second. 9 MS. STEBBINS: I've had a look at it as well. 10 JUDGE POLLARD: Pardon? 11 MS. STEBBINS: I've had a look at it as well, and 12 it's -- 13 JUDGE POLLARD: You've looked at it? 14 MS. STEBBINS: Yes, sir. 15 JUDGE POLLARD: Well, answer the question for me, 16 then. Is this to reduce the -- reduce 30 people, or just one 17 of 30 that we're going to pick which, drawing marbles or 18 short straws or -- 19 MS. STEBBINS: No, I think we're one of 30. We get 20 a rate reduction in the agreement. 21 COMMISSIONER REEVES: Thirty customers of Republic 22 Services, which Kerr County is one of them, were selected to 23 have their rates decreased if -- if they will sign and agree 24 to it by December 15th. 25 JUDGE POLLARD: And Spurs tickets. 12-8-14 37 1 COMMISSIONER MOSER: A chance for Spurs tickets. A 2 chance. 3 JUDGE POLLARD: All right. Any further discussion 4 on it? 5 COMMISSIONER MOSER: Wait to get a second. We 6 didn't have a second. 7 JUDGE POLLARD: There was a second. 8 COMMISSIONER MOSER: Was there? Okay. 9 JUDGE POLLARD: There was a second. Those in favor 10 of the motion, signify by raising your right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's unanimous, 4-0. All right, 13 let's go to 1.9; consider, discuss, and take appropriate 14 action to approve Change Order Number 4, which includes 15 Change Proposals 12, 16, 17, 18, 19, 20, and 21 for the Event 16 Hall at the Hill Country Youth Event Center. Commissioners 17 Letz and Reeves. 18 COMMISSIONER LETZ: This is just the final actual 19 change order. All of these items have already been 20 previously approved. Move approval. 21 COMMISSIONER REEVES: Second. 22 JUDGE POLLARD: Any further discussion? There 23 being none, those -- those in favor of it, signify by raising 24 your right hand. 25 (The motion carried by unanimous vote, 4-0.) 12-8-14 38 1 JUDGE POLLARD: 4-0, unanimous. 1.10; consider, 2 discuss, and take appropriate action regarding publishing 3 Request for Proposal for a Naming Rights Partnership with 4 Kerr County for the Hill Country Youth Event Center. 5 Commissioners Letz and Reeves. 6 COMMISSIONER REEVES: Go ahead. 7 COMMISSIONER LETZ: We just want to basically fill 8 in the dates. The proposal's ready to go out, and we just 9 wanted to kind of figure out, make sure that we were all on 10 the same page as to the timing. This being, in my mind, a 11 little bit of an odd season to do it, the thought would be to 12 publish it right away, and then we would have the proposals 13 back a little bit later than normal, but it's February -- 14 6th? 15 MS. GRINSTEAD: Yeah, I think they're due the 6th. 16 COMMISSIONER LETZ: To allow enough time to have 17 some solicitation from our standpoint, going out to people. 18 The other part of this is that if that's agreeable to the 19 Court, on the advertising, we're required to advertise it 20 weekly during this whole period, which is -- the longer we 21 extend the period, the more it costs us. The most economical 22 paper is the west -- is the Hill Country Record. 23 MS. GRINSTEAD: Community Journal. 24 COMMISSIONER LETZ: Community -- it used to be the 25 Hill Country Record about 30 years ago. (Laughter.) 12-8-14 39 1 COMMISSIONER REEVES: Our apologies, Bonnie. 2 COMMISSIONER LETZ: I know what it is, so -- but 3 it's -- so it would be weekly with that paper. 4 JUDGE POLLARD: The one across the street? 5 COMMISSIONER LETZ: Yeah, weekly with that -- with 6 that paper. But it also may be worthwhile to publish it some 7 in the Kerrville Daily Times and possibly in the San Antonio 8 Express News. That's what -- what we're thinking about. Is 9 it worthwhile? It costs more, but this is something of a -- 10 you know, is it worth spending additional funds to go to 11 those papers, or do we just do the actual minimum and rely on 12 the Court to get it to the other individuals? 13 COMMISSIONER BALDWIN: Let me ask you a question. 14 There's -- in your subject line here, there's the word 15 "partnership." I can't -- I can't make this work for me. 16 "...appropriate action regarding publishing Request for 17 Proposal for a Naming Rights Partnership with Kerr County." 18 That means that Kerr County's going in partnership with 19 another party. 20 COMMISSIONER LETZ: We're going to partner on the 21 naming and the -- it's kind of a broad word, because the 22 negotiations are pretty broad. And we're going to work with, 23 say, James Avery, or partner with -- 24 COMMISSIONER BALDWIN: I see what you're saying. 25 COMMISSIONER LETZ: -- going to partner with James 12-8-14 40 1 Avery for the naming. 2 COMMISSIONER BALDWIN: Yeah, I see what you're 3 saying. 4 COMMISSIONER MOSER: Is the RFP prepared? 5 COMMISSIONER LETZ: Yes. 6 COMMISSIONER MOSER: Have we seen the RFP? 7 COMMISSIONER LETZ: I think the Court -- didn't 8 they approve it? 9 MS. STEBBINS: Yes, I think a few weeks ago. 10 COMMISSIONER LETZ: Two weeks ago. 11 COMMISSIONER MOSER: Did we approve it, or did we 12 just approve the idea of having it? 13 JUDGE POLLARD: You weren't here. 14 COMMISSIONER MOSER: That's the reason I didn't see 15 it, okay. 16 JUDGE POLLARD: You came in late. 17 COMMISSIONER MOSER: Came in late, that's right. 18 Right, okay. 19 COMMISSIONER LETZ: I'm pretty sure -- 20 COMMISSIONER MOSER: Thank you. 21 COMMISSIONER LETZ: -- we didn't change a lot from 22 the draft. We'll get you a copy. 23 COMMISSIONER BALDWIN: Judge, don't miss an 24 opportunity to chew on him. 25 COMMISSIONER MOSER: I had a legitimate reason; 900 12-8-14 41 1 kids to take care of. 2 COMMISSIONER LETZ: So, anyway -- 3 COMMISSIONER MOSER: For the record. 4 COMMISSIONER LETZ: And I -- Jody, do you have an 5 idea of the additional -- what it's going to cost to do this, 6 the weekly -- or the required versus the other? 7 MS. GRINSTEAD: I do not. It's typically the 8 Clerk's office that posts it, so I don't -- I just know that 9 when we've had to post stuff for, like, the Certificate of 10 Obligation, legally, Hill Country Community Journal has a 11 subscription -- 12 COMMISSIONER REEVES: Circulation. 13 MS. GRINSTEAD: -- big enough, so we were just 14 thinking legally, if we do that, which -- so we're covered by 15 law. Then if you want to do Kerrville Daily Times and San 16 Antonio, just do those a couple times. 17 JUDGE POLLARD: I don't think it would hurt 18 anything to do a little advertising in all of them; some in 19 San Antonio, some in the Times, some in the West Kerr 20 Current, and also with the Community Journal. 21 COMMISSIONER LETZ: So maybe twice in the others, 22 and as required weekly in the Community Journal? 23 JUDGE POLLARD: Yeah. We got to get the word out 24 if we're going to do this, do it right, and I think that's 25 necessary. What do y'all think? 12-8-14 42 1 COMMISSIONER MOSER: Yeah, I do too. Is there -- 2 we probably don't do a lot of social media stuff for the 3 county, but something like that could really carry a -- get a 4 lot of word out there. 5 JUDGE POLLARD: Something on the county website 6 too? 7 COMMISSIONER MOSER: Yeah. Yeah. 8 COMMISSIONER BALDWIN: You need -- we need the 9 county website guy to do that, though. 10 JUDGE POLLARD: Yes. Yes. 11 COMMISSIONER BALDWIN: But that's a great idea. 12 Let's start using that more. 13 JUDGE POLLARD: Mm-hmm. 14 COMMISSIONER MOSER: Do we do any social media, 15 Facebook or anything like that, the County? 16 COMMISSIONER BALDWIN: No. 17 COMMISSIONER LETZ: We're working on a plan. 18 JUDGE POLLARD: We need -- yes, we are. 19 COMMISSIONER BALDWIN: We really need to. 20 COMMISSIONER MOSER: We should. 21 JUDGE POLLARD: We need to push that. 22 COMMISSIONER LETZ: Find out how to do this. I 23 think on an early agenda -- 24 JUDGE POLLARD: I'm not the one to have on the 25 committee to do it, because I am so -- let's say not very 12-8-14 43 1 well trained in that kind of stuff. 2 COMMISSIONER MOSER: Okay. 3 JUDGE POLLARD: But I -- the principle I think is 4 good, okay? 5 COMMISSIONER LETZ: I'll make a motion, then, to -- 6 for the public notice for the RFP for the naming rights to 7 use the Community Journal as a weekly publication, and do 8 twice each with the Kerrville Daily Times, West Kerr Current, 9 and San Antonio Express News. And the date -- dates will be 10 to publish it A.S.A.P., and then we'll open the bids February 11 -- the first meeting in February. 12 COMMISSIONER MOSER: Okay. 13 JUDGE POLLARD: Is there a second? 14 COMMISSIONER REEVES: I'll second. 15 JUDGE POLLARD: All right. Further discussion? 16 Yes, ma'am? 17 MS. GRINSTEAD: As far as those twice, do you want 18 one in December and one in January for the other two? I 19 mean -- 20 COMMISSIONER LETZ: It's at your discretion. 21 JUDGE POLLARD: I think one in December and January 22 is a good suggestion. 23 COMMISSIONER LETZ: Yeah, kind of rotate. 24 JUDGE POLLARD: Yeah. 25 COMMISSIONER BALDWIN: And if people see that and 12-8-14 44 1 they want to call in and discuss it a little further, is Jody 2 the -- 3 COMMISSIONER REEVES: In the RFP. 4 COMMISSIONER MOSER: Should be in the RFP. 5 COMMISSIONER REEVES: The RFP has the numbers. 6 COMMISSIONER BALDWIN: Oh, I see. Okay. 7 COMMISSIONER MOSER: Got to have contact 8 information. 9 MS. GRINSTEAD: I have a copy of the RFP, but I'll 10 give it to them. 11 JUDGE POLLARD: They're official negotiators. 12 COMMISSIONER REEVES: No, we're just -- 13 COMMISSIONER LETZ: Official question-answerers. 14 COMMISSIONER REEVES: Yeah, we'll answer the 15 questions. 16 JUDGE POLLARD: All right. Any further discussion? 17 There being none, those in favor of the motion, signify by 18 raising your right hand. 19 (The motion carried by unanimous vote, 4-0.) 20 JUDGE POLLARD: It's 4-0, unanimous. All right, 21 1.11; consider, discuss, and take appropriate action to 22 approve the bonds for elected officials and other officials 23 requiring bonds with terms of office beginning January 1, 24 2015. How many bonds have we got? 25 COMMISSIONER REEVES: The bonds I have to-date are 12-8-14 45 1 J.P., Precinct 2, J.R. Hoyne; J.P., Precinct 3, Kathy 2 Mitchell; J.P., Precinct Number 4, William Ragsdale; County 3 Clerk, Rebecca Bolin; District Clerk, Robbin Burlew; County 4 Treasurer, Tracy Soldan; Commissioner, Precinct 2, Thomas 5 Moser; County Judge, Tom Pollard; County Court at Law Judge, 6 Susan Harris. Have -- have you looked at these? 7 MS. STEBBINS: I have not looked at those, no. 8 JUDGE POLLARD: All right. Do you want to -- do 9 you want to approve them contingent upon the County Attorney 10 looking at them and approving them? 11 COMMISSIONER REEVES: So moved. 12 COMMISSIONER MOSER: Second. 13 JUDGE POLLARD: All right. It's been moved and 14 seconded we approve all of the bonds contingent upon the 15 County Attorney's -- 16 MR. ROBLES: You got a bond in there for Lee 17 Voelkel? 18 COMMISSIONER LETZ: Is Lee Voelkel on this list? 19 MS. GRINSTEAD: Lee Voelkel and Commissioner 20 Reeves, their payments will be approved today, and then we'll 21 have to -- they require payment first, so we'll have them by 22 the end of the year. But we just received the bills last 23 week, I think, for Voelkel and Reeves. Then we should have 24 everybody. 25 COMMISSIONER REEVES: So we'll approve mine and 12-8-14 46 1 Lee's in two weeks. 2 COMMISSIONER MOSER: And, Jody, some of these bonds 3 require amendment or something like that, because -- 4 MS. GRINSTEAD: A couple of them require riders, 5 because I think at least two of them came in with just 6 two-year terms. 7 COMMISSIONER MOSER: Right. So, how do we -- 8 MS. GRINSTEAD: They said it would be easier to do 9 a rider. 10 COMMISSIONER MOSER: So we have to bring those up 11 again for the riders at Commissioners Court to approve? 12 MS. GRINSTEAD: I wouldn't think so, but that would 13 be a Heather question. 14 COMMISSIONER MOSER: Well, anyway, we'll determine 15 that. 16 MS. STEBBINS: I'll have a look at them. 17 COMMISSIONER MOSER: Okay. 18 JUDGE POLLARD: All right. Now, this is -- that 19 motion is contingent upon approval of them after the County 20 Attorney looks at them? 21 COMMISSIONER REEVES: That's correct. 22 JUDGE POLLARD: All right. Is there any further 23 discussion? There being none, those in favor of that motion, 24 signify by raising your right hand. 25 (The motion carried by unanimous vote, 4-0.) 12-8-14 47 1 JUDGE POLLARD: It's 4-0, unanimous. Would 2 somebody please pass that to the County Attorney? All right. 3 1.12; consider, discuss, and take appropriate action 4 regarding bid for flooring on the second floor of the 5 courthouse. Hi, Tim. 6 MR. BOLLIER: Hi, Judge. How are you, sir? 7 JUDGE POLLARD: Absolutely fantastic. 8 MR. BOLLIER: Good morning to you, sir. I wasn't 9 here when y'all asked for this, so I hope it's all done 10 right. I went and called Kustom Karpets. The first sheet 11 that you have on your backup there, that's something that 12 we've already approved, and we're on that. This here is the 13 -- the next two pages, he split it up for us. For the carpet 14 in the courtrooms and in the little offices, all that in the 15 back part of every office back there, I believe that sum 16 comes up to around 45,000. I don't have it in front of me, 17 but it's 45,000 and some change for all of that. That will 18 be putting in carpet in courtrooms, offices, Becky's office 19 and all that stuff. 20 JUDGE POLLARD: What about the hallways? 21 MR. BOLLIER: The hallway -- 22 JUDGE POLLARD: Behind the glass doors. 23 MR. BOLLIER: Behind the glass doors, that's the 24 tile that y'all approved. That's that first sheet, Judge. 25 JUDGE POLLARD: All right. So that's tile, and 12-8-14 48 1 then the area out in front of the elevator -- 2 MR. BOLLIER: Yes, sir. 3 JUDGE POLLARD: -- in there, that's tile? 4 MR. BOLLIER: That's -- yes, sir. That's all been 5 approved. 6 JUDGE POLLARD: And then for soundproofing in the 7 rooms, and especially the courtrooms, it's carpet. 8 MR. BOLLIER: Yes, sir. 9 JUDGE POLLARD: All right. 10 MR. BOLLIER: Yes, sir. 11 JUDGE POLLARD: That's a good plan. All right. 12 COMMISSIONER LETZ: I hate to bring this up... 13 (Laughter.) 14 JUDGE POLLARD: Okay. 15 COMMISSIONER LETZ: Do we have to bid this? This 16 amount's looking pretty big. 17 MS. STEBBINS: This one's 45? And then I'm 18 confused about the project. I think -- 19 COMMISSIONER LETZ: The other one is 28. 20 MS. STEBBINS: I think we have to bid it. It's one 21 project, really. 22 JUDGE POLLARD: Well, wasn't part of it -- 23 COMMISSIONER BALDWIN: That's true. 24 JUDGE POLLARD: -- caused by the flooding? 25 MS. STEBBINS: Pardon? 12-8-14 49 1 COMMISSIONER LETZ: Part of it was caused by the 2 flooding. 3 JUDGE POLLARD: That's a separate event, I think. 4 MS. STEBBINS: Yeah. 5 MR. BOLLIER: The part that was done by the 6 flooding has already been done. This is all a separate -- 7 this is all a separate project. The flooding has been done. 8 The flooding is not included in this. 9 MS. STEBBINS: And so what was the 20 -- 10 COMMISSIONER LETZ: It's 28 -- was it 28? -- the 11 first page. 12 MR. BOLLIER: Yeah, it's 28-something, Commissioner 13 Letz. 14 MS. STEBBINS: For what? 15 COMMISSIONER LETZ: It was for -- 16 MR. BOLLIER: That was for the hallways. 17 COMMISSIONER LETZ: -- the hallways. 18 MR. BOLLIER: The hallways, the tile. 19 MS. STEBBINS: Nothing to do with the flooding? 20 MR. BOLLIER: Nothing to do with the flooding. 21 MS. STEBBINS: And then the carpet project is -- 22 MR. BOLLIER: Has nothing to do with the flooding. 23 MS. STEBBINS: And so -- yeah. 24 COMMISSIONER LETZ: It's 45,000. 25 MR. BOLLIER: Same project. It's just been divided 12-8-14 50 1 up into three different categories. 2 MS. STEBBINS: We should probably bid. 3 JUDGE POLLARD: All right. 4 MS. STEBBINS: Yeah. 5 MR. BOLLIER: I guess we can do that. 6 JUDGE POLLARD: Then we better pass this 1.12, and 7 let's put it on the agenda to go out for bid. 8 COMMISSIONER MOSER: The agenda item says "take 9 appropriate action regarding bid," so the action is to go out 10 for bid. 11 MR. BOLLIER: Yeah, we'll take it out for bid. 12 SHERIFF HIERHOLZER: We'll still have to do the 13 other project this month, okay, in December, the remodel of 14 the courtroom doors and all that. So, you're going to have 15 an area there that the carpet's probably going to be 16 disrupted until he can get the bids in, because the Court 17 wanted the -- the remodel we're doing for the doors and that 18 and the bench done during December, and that's what they're 19 set to do. 20 COMMISSIONER LETZ: It will just be disrupted for a 21 while. 22 SHERIFF HIERHOLZER: Yeah. Just so you're aware of 23 that. 24 JUDGE POLLARD: They wanted it. 25 MR. BOLLIER: Now, that first sheet, I've already 12-8-14 51 1 -- we've already okayed that first, the tile. 2 COMMISSIONER LETZ: I think that's -- I mean -- 3 MR. BOLLIER: Because he's going to start that 4 pretty soon. 5 COMMISSIONER LETZ: The first part, 28,000, was a 6 project. Then we've added on to it, so we bid the second 7 part of it? I mean -- 8 MS. STEBBINS: Say that again? I'm sorry. 9 COMMISSIONER LETZ: The first part was redoing the 10 hallways, and we've already awarded that at 28,000. 11 MS. STEBBINS: Did we know that we were -- it was 12 all part of the one project? 13 JUDGE POLLARD: Not originally, we didn't 14 contemplate that, no. 15 MR. BOLLIER: Originally, all we was going to do 16 was the hallways. Then we added the rest, the courtrooms and 17 all the little offices. 18 JUDGE POLLARD: So later there was a change, and we 19 added to it. 20 MS. STEBBINS: All right. Okay. So, bid out the 21 carpeted part of it. 22 COMMISSIONER LETZ: Judge, I don't want to 23 disagree, but the date on all the bids are the same. Not 24 trying to be difficult, but they're all dated -- all three 25 numbers that came in are dated 12-4-14. 12-8-14 52 1 COMMISSIONER REEVES: I feel like we have to go bid 2 everything now. 3 JUDGE POLLARD: Yeah, it sounds like it. 4 COMMISSIONER LETZ: You might need to call your guy 5 and tell him hold off. 6 MR. BOLLIER: I can do that. 7 MS. STEBBINS: Thank you. 8 MR. BOLLIER: I think he's already ordered it. 9 He's not going to be happy, but that's the way it's going to 10 be. 11 JUDGE POLLARD: All right. What are we going to do 12 on the agenda item, then? Is it to go out for bids? Is 13 that -- 14 COMMISSIONER MOSER: Go out for bids. 15 COMMISSIONER LETZ: Is that a motion? 16 COMMISSIONER MOSER: I'll make a motion that we go 17 out for bids on the items discussed for the tile and for the 18 carpeting in the courtrooms -- 19 COMMISSIONER LETZ: Second. 20 COMMISSIONER MOSER: -- on the second floor. 21 COMMISSIONER LETZ: Second. 22 JUDGE POLLARD: Any further discussion? 23 COMMISSIONER BALDWIN: And so we're talking about 24 lumping everything together? Instead of being individual 25 items, it's going to be one -- one job? 12-8-14 53 1 MR. BOLLIER: I don't know. 2 JUDGE POLLARD: Well, that's -- 'cause they were 3 all bid on the same date. 4 COMMISSIONER BALDWIN: I understand. 5 JUDGE POLLARD: It's not the way we planned them. 6 COMMISSIONER BALDWIN: I understand that. 7 COMMISSIONER LETZ: It's one -- I think it should 8 be one bid, but they need to bid on each one individually. 9 COMMISSIONER MOSER: Right. 10 COMMISSIONER LETZ: If that makes sense. 11 COMMISSIONER BALDWIN: As long as it's one bid. 12 COMMISSIONER LETZ: It's one bid, but they need to 13 bid all three of them as separate items. 14 MR. BOLLIER: Commissioner, let me ask this 15 question. 16 COMMISSIONER LETZ: Or is it better to do it all as 17 one project? 18 MR. BOLLIER: Let me ask a question before you go 19 any further. When he sent me those on Thursday of last week, 20 I believe -- or Friday, he sent me those. But the original 21 bid for the carp -- I mean for the tile was done way before 22 that. I guess he just put the same date on there as the rest 23 of them when they sent them, just so we'd have them all. So, 24 they asked for all three of them to bring -- to bring to 25 court, which -- 12-8-14 54 1 COMMISSIONER LETZ: Did the Court consider -- we 2 considered doing the floor previously; we had another court 3 meeting. Did we approve doing the floor? 4 MR. BOLLIER: We approved doing the tile part of 5 it, because I brought the tile up here and everything. 6 COMMISSIONER LETZ: I think we need to possibly 7 look at the court record for what we did on that date, if we 8 discussed the flooring at the same time. I think Heather 9 thinks we can bid the whole -- 10 MS. STEBBINS: I think that we need to bid the 11 whole thing. 12 COMMISSIONER LETZ: Okay. 13 MS. STEBBINS: And I feel like that when we 14 discussed the tile -- maybe I'm wrong -- that we talked about 15 the plan for the entire floor of the courthouse. 16 COMMISSIONER REEVES: I think it would be in our 17 best interests to bid it all. 18 COMMISSIONER LETZ: I don't want to have -- 19 JUDGE POLLARD: That's the safe thing to do. 20 COMMISSIONER MOSER: Single bid. Yeah, and I agree 21 with the Judge. If you do it and you select two guys to do 22 different parts, then who's going to integrate and coordinate 23 schedules? And it's going to be finger-pointing and -- 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER MOSER: Yeah. 12-8-14 55 1 COMMISSIONER LETZ: All one, okay. 2 COMMISSIONER MOSER: Right, all one. 3 JUDGE POLLARD: All right. So, the -- there is a 4 motion. Those in favor of the motion, signify by raising 5 your right hands. 6 (The motion carried by unanimous vote, 4-0.) 7 JUDGE POLLARD: It's 4-0, unanimous. All right. 8 Consider, discuss, and take appropriate action regarding the 9 report from Eric Maloney, Responder Coordinator. 10 Mr. Baldwin. 11 COMMISSIONER BALDWIN: Yes, sir. For years and 12 years and years, we have had someone from the City to come 13 over and just give us an update, you know, of how many First 14 Responders we have, how they're doing. Mr. Maloney, through 15 the years, has gone out and gotten -- gotten moneys to make 16 purchases, and we've come along, partnershipped with them, 17 and in different ways. And even back in the olden days, the 18 Fire Chief himself would come over here and do that. And I 19 have tried four or five times now to invite Mr. Maloney over; 20 it seems like he's our contact, and I can't seem to get him 21 over here. You know, there's -- you know, he needs 22 permission from the Fire Chief, I think, and couldn't -- I 23 don't know, just couldn't pull that off. And I don't have 24 very -- a lot of patience with that, and so I -- you know, I 25 don't know why -- what the issue you is, and really not 12-8-14 56 1 concerned with it, but I really would like for us to have a 2 report of some sort. 3 COMMISSIONER LETZ: I think so. 4 COMMISSIONER BALDWIN: You know, to let us know 5 where we are in it. And, you know, it's a part of -- it's a 6 part of that funding that we send the City. A long time ago, 7 the budget reflected that we actually -- the moneys that we 8 sent over there were actually -- part of it was a part of the 9 salary for this person, as well as the medical director. But 10 nowadays, it's all lumped into one line, and you can't -- you 11 can't see that where it's broken out or not. So -- and that 12 -- that doesn't matter, but it's just moving from those days 13 of dotting I's and crossing T's to today, to where we can't 14 get a damned report, just bumfuzzles me. But I'm going to do 15 my very best to be nice, and I'm -- I think with -- with 16 y'all's permission, I'd like to contact the City Manager and 17 just ask him -- you know, something in writing would be fine. 18 JUDGE POLLARD: There's old jefe right now. 19 COMMISSIONER BALDWIN: That's the Mayor. The City 20 Manager runs the city, and I'd like to go to the City Manager 21 and ask to at least get something in writing, you know, a 22 report. 23 COMMISSIONER MOSER: I think -- I think having him 24 present the report would be good, because I think there would 25 be questions that maybe -- 12-8-14 57 1 COMMISSIONER BALDWIN: There would be. 2 COMMISSIONER MOSER: -- that are not obvious from 3 the written report. I think it's good. I think the County 4 -- I think this has been a good cooperation of City and 5 County on EMS; I think it benefits all residents, but I think 6 the County contributes large amounts of money to that. It's 7 a really great system. I think it's an opportunity for -- 8 you know, to toot the horn of good work. But I'd also like 9 to understand, you know, what's been the -- the amount of 10 money recovered? I think that they've increased the amount 11 of money that they recover on claims by doing some good 12 things, and I think that's to be recognized. And like you, 13 I'd like to know how many First Responders we have that are 14 all paramedics or not, or what's the -- 15 COMMISSIONER BALDWIN: It's a part of the 16 partnership we have. You know, we need -- do we need to come 17 along beside and help fund some jackets so people don't get 18 hurt on a scene of some sort? 19 COMMISSIONER MOSER: Well, as part of that, too -- 20 part of that, too, is our -- our volunteers. They're trained 21 through -- and you and I have worked on some issues with 22 that. I think we got those all resolved, but I think that's 23 all part of the total county emergency response team. 24 COMMISSIONER BALDWIN: I agree. 25 COMMISSIONER MOSER: And so -- emergency medical 12-8-14 58 1 group. So, I think we should -- 2 JUDGE POLLARD: The Mayor would like to say 3 something. 4 MAYOR PRATT: May I make a suggestion? I mean, 5 Judge, may I make a suggestion? 6 JUDGE POLLARD: Sure. 7 MAYOR PRATT: That is that we've been in a 8 transition for the last couple months with a new Fire Chief. 9 JUDGE POLLARD: I noticed that. 10 MAYOR PRATT: Okay? And so I would suggest you go 11 to the Fire Chief now and work with him, and if you can't get 12 it resolved, then he can take it to the City Manager. 13 JUDGE POLLARD: Okay. 14 COMMISSIONER BALDWIN: Thank you. 15 COMMISSIONER MOSER: That's fine. So, no action 16 required. 17 JUDGE POLLARD: Do we have your permission to tell 18 him that you suggested we do it that way? 19 MAYOR PRATT: You can do that. 20 JUDGE POLLARD: Okay. Might carry a little weight. 21 All right, thank you. 22 COMMISSIONER BALDWIN: So, that's all, Judge. 23 Doesn't require any action at all. 24 JUDGE POLLARD: All right. Let's go to -- we have 25 a timed item now. Consider -- this says 10 a.m., and it's 12-8-14 59 1 about 10:04. Consider, discuss, and take appropriate action 2 on request from H.E.B. to use the show barn at the Hill 3 Country Youth Event Center for their Family Fun Day. Lesley 4 Watts. 5 MS. WATTS: That's me. 6 JUDGE POLLARD: Now, clarification. Show barn 7 part. Is that the -- that's not the Event Center. 8 MS. WATTS: Is that the Ag Barn? 9 MS. GRINSTEAD: You're talking about the show barn. 10 JUDGE POLLARD: Okay. 11 MS. GRINSTEAD: We've talked. 12 MS. WATTS: Jody? Hi, nice to meet you. I have a 13 couple of things there, just quick little -- it's just a 14 little recap of what the event will look like. 15 COMMISSIONER MOSER: Thank you. 16 MS. WATTS: You're welcome. 17 JUDGE POLLARD: Are you Lesley Watts? 18 MS. WATTS: I am. 19 JUDGE POLLARD: Okay, good. 20 MS. WATTS: So I am a project coordinator for the 21 C.E. Group in San Antonio. This is Krista Friedman; she's 22 also a project manager, and our client is H.E.B. And in view 23 of their 110th anniversary coming up this next year, they are 24 wanting to primarily give back to all of their partners, 25 starting with this series of Family Fun Days. We will 12-8-14 60 1 actually be traveling to 15 different cities across Texas 2 starting in February, Kerrville being the first one, since 3 this is where H.E.B. was all started, and we will then end in 4 Houston. So, that will take place from February to July. 5 We're arranging for Kerrville having about 2,000 attendees, 6 for all the partners in the area. The event will hopefully 7 take place from 10 a.m. to 6 p.m. on February 28th, which is 8 a Saturday, and it's for our partners and their families; you 9 know, children, immediate families. They'll come to the 10 event. We'll have a series of food. H.E.B. would like to 11 bring their soda truck, and just a couple other things that 12 they have branded for marketing, and -- you know, basically a 13 company picnic, but worded as a family fun day. So, we would 14 like to load in on the 27th, and then be completely out of 15 the Ag Barn by midnight on the 28th. 16 JUDGE POLLARD: Is this on the calendar, and is it 17 available? 18 MS. GRINSTEAD: It is on the calendar. I asked her 19 to come just to give you a little more information in case 20 you had questions, and based on the number they're expecting, 21 I wanted the Sheriff to know, see how you want to handle 22 security. 23 COMMISSIONER MOSER: So it's February 28th? Is 24 that what you said? 25 MS. WATTS: Yes, sir. 12-8-14 61 1 COMMISSIONER MOSER: And what's the time again? 2 MS. WATTS: 10:00 to 6:00. And it's come and go, 3 so, you know, when we say 2,000 people, we don't expect 2,000 4 people throughout the whole day. I would say at most, you're 5 looking at about 700 at one particular time, since we're 6 allowing such a big time frame for people to -- you know, 7 depending on their schedules. So -- 8 COMMISSIONER REEVES: Is it just for your partners 9 at the Kerrville store, or are you going out to, like, 10 Fredericksburg or -- 11 MS. WATTS: Yes, it's this whole region. 12 COMMISSIONER REEVES: Okay. 13 MS. WATTS: So, Kerrville, Fredericksburg. That's 14 why the number's so high, is, you know, we're pulling from 15 different areas. 16 COMMISSIONER MOSER: Question. How many -- you may 17 or may not know the answer. How many stores does H.E.B. 18 have? 19 MS. WATTS: Oh, gosh, I don't know that answer. 20 COMMISSIONER LETZ: 358. 21 COMMISSIONER MOSER: Does it say so in there? 22 Yeah. 23 COMMISSIONER BALDWIN: 358. That includes Mexico. 24 COMMISSIONER MOSER: Yeah. 25 MS. FRIEDMAN: Yes, that includes Mexico. 12-8-14 62 1 COMMISSIONER BALDWIN: We're here to help in any 2 way we can. (Laughter.) 3 COMMISSIONER REEVES: And we're going to be the 4 first one? 5 MS. WATTS: That's right here, yes, sir. 6 COMMISSIONER REEVES: I think it's a great idea. I 7 move for approval. 8 MS. FRIEDMAN: The events are going in order 9 throughout Texas the way that they opened through the 10 history, so Kerrville is first. 11 COMMISSIONER BALDWIN: I second the motion. 12 JUDGE POLLARD: All right. What about insurance 13 and cleanup? 14 COMMISSIONER REEVES: Standard. 15 COMMISSIONER LETZ: Standard. 16 COMMISSIONER REEVES: Standard policies, standard 17 rental agreement. But I think this is an excellent promotion 18 for Kerr County and for H.E.B. and the region. I don't think 19 they're asking for any special consideration other than 20 what's in our normal lease agreement, and therefore, I move 21 for approval. 22 COMMISSIONER LETZ: Second. 23 SHERIFF HIERHOLZER: What's the security part of 24 it? 25 COMMISSIONER REEVES: As per -- per county orders. 12-8-14 63 1 COMMISSIONER LETZ: Whatever we require. 2 SHERIFF HIERHOLZER: I don't remember. 3 COMMISSIONER REEVES: No alcohol will be served? 4 MS. WATTS: No alcohol. 5 COMMISSIONER REEVES: So the numbers -- 6 SHERIFF HIERHOLZER: All right. 7 MS. WATTS: We'll do whatever security -- you know, 8 we coordinate security based on venue policies, so -- 9 MS. FRIEDMAN: And on our behalf, we -- H.E.B. is 10 our client. We do event planning and marketing in San 11 Antonio and all throughout Texas, but our office is in San 12 Antonio, so Lesley will be the representative on the 13 day-to-day logistics, and the face for H.E.B. to make sure 14 that everything is, you know, put in line as far as 15 insurance, security, cleanup and all of those logistics. 16 That's our specialty, so that's what we do for our clients, 17 and we'll be taking care of all of that. 18 COMMISSIONER LETZ: Maybe we should call y'all 19 about naming the facility. 20 MS. FRIEDMAN: You can. We have a great creative 21 guy who does that all the time, absolutely. 22 JUDGE POLLARD: Well, it wouldn't hurt to -- 23 certain people like H.E.B. and Avery's and things, let's give 24 them some kind of a personal letter -- special letter from 25 here about it. 12-8-14 64 1 COMMISSIONER LETZ: Okay. 2 JUDGE POLLARD: All right. There's been a -- 3 there's a motion made and seconded. Any further discussion? 4 If not, those in favor, signify by raising your right hand. 5 (The motion carried by unanimous vote, 4-0.) 6 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 7 ladies. 8 MS. WATTS: Thank you. 9 MS. FRIEDMAN: Thank you. 10 JUDGE POLLARD: H.E.B. is a very important place -- 11 MS. WATTS: Yes. 12 JUDGE POLLARD: -- in the history of Kerrville, and 13 we appreciate it. 14 MS. FRIEDMAN: Absolutely. 15 MS. WATTS: Kerrville is very important to H.E.B. 16 COMMISSIONER MOSER: A lot of people in these -- 17 where these new stores are in Houston and all don't realize 18 it all began in Kerrville. 19 MS. FRIEDMAN: That's right, the general public 20 doesn't normally realize that. 21 COMMISSIONER MOSER: Did you say you're in 22 marketing? There you go. There you go. 23 MS. WATTS: Thank you. 24 COMMISSIONER MOSER: Do we have anybody from the 25 Chamber of Commerce here that maybe could help you do that? 12-8-14 65 1 Oh, back in the corner. 2 MS. WATTS: I'll leave the extra copies I have of 3 that packet on this back table. 4 COMMISSIONER MOSER: Okay. 5 JUDGE POLLARD: Are you going to have some H.E.B. 6 officials up here too? 7 MS. WATTS: Yes, we will. 8 MS. FRIEDMAN: Yes. 9 MS. WATTS: We will. 10 JUDGE POLLARD: All right. Do you know -- is Dan 11 Butt going to be up here? He's a graduate of Tivy High 12 School. 13 MS. WATTS: I didn't know that. We'll make a 14 request. 15 JUDGE POLLARD: Tell him the Judge invited him. 16 MS. FRIEDMAN: Usually the events we do, the Butt 17 family doesn't come, but they might for this one, especially 18 because of the history with Kerrville. 19 JUDGE POLLARD: All right. 20 MS. FRIEDMAN: Certainly. 21 JUDGE POLLARD: Thank you. 22 MS. WATTS: Thank you. 23 JUDGE POLLARD: Item 1.15; consider, discuss, and 24 take appropriate action to approve contract with Kerr County 25 Soil and Water Conservation District and allow the County 12-8-14 66 1 Judge to sign same. It's in the packet here. This is just 2 a -- 3 COMMISSIONER LETZ: Standard. 4 JUDGE POLLARD: -- standard thing, yeah. 5 COMMISSIONER LETZ: Move approval. 6 COMMISSIONER MOSER: Second. 7 MS. STEBBINS: I haven't reviewed it, Judge. 8 COMMISSIONER LETZ: Approve it subject to the 9 County Attorney's recommendation. 10 MS. STEBBINS: Thank you. 11 JUDGE POLLARD: Have you seen it? 12 MS. STEBBINS: No, sir. 13 JUDGE POLLARD: Subject to County Attorney's 14 approval. Any further discussion? If not, then those in 15 favor, signify by raising your right hand. 16 (The motion carried by unanimous vote, 4-0.) 17 JUDGE POLLARD: It's unanimous. Thank you. 1.16; 18 consider, discuss, and take appropriate action to authorize 19 Maintenance staff to remove two welded wire partitions from 20 cattle panels on the south side of the indoor arena at the 21 Hill Country Youth Event Center. Commissioner Reeves. 22 COMMISSIONER REEVES: Thank you. 23 JUDGE POLLARD: You put a picture in there, and it 24 doesn't make sense to me. 25 COMMISSIONER REEVES: Thank you, Judge. Mr. Bauer 12-8-14 67 1 -- Mr. Bauer is here. Just a brief history, and then he can 2 explain what we're needing done. The cattle pens in the 3 south side under the shed of the indoor arena were built in 4 the early '80's by the Livestock Show Association. We're 5 needing more -- 6 JUDGE POLLARD: What does that tell me? 7 COMMISSIONER REEVES: I'll explain in just a minute 8 if you'll give me the chance, Judge. 9 JUDGE POLLARD: All right. 10 COMMISSIONER REEVES: The association is in need of 11 more space to tie their cattle, and I'll let Mr. Bauer 12 explain what he's doing. 13 MR. BAUER: Good morning, Judge, Commissioners. 14 Thank y'all. As Commissioner Reeves explained, those pens 15 are on the back side outside of the indoor arena. They were 16 constructed with the original facility there. There's 17 basically four large pens, the first two having a partition 18 through the middle of them. We are asking permission to 19 remove that partition from the middle of those two original 20 pens. 21 COMMISSIONER REEVES: And the photograph is an 22 example of the partition that needs to be removed. 23 MR. BAUER: Yeah. 24 JUDGE POLLARD: It's outside all right, but it's 25 still under cover. 12-8-14 68 1 MR. BAUER: It's under cover, yes, sir. 2 JUDGE POLLARD: Okay, I recognize where it is now. 3 MR. BAUER: Yeah, they're under cover. They're the 4 sorting pens in the back there. We're not going to change 5 the integrity of the pens. We're just making basically two 6 large pens that way. We need that additional space for 7 cattle ties due to the growth -- continued growth of the show 8 and so forth. We've got more and more steer and heifer 9 numbers. We need the area to tie. By removing those, we can 10 run our cattle ties lengthwise in those two and tie more 11 cattle there. So, the pen will still be functional. We'll 12 still leave the sorting alleys up the side. We'll still 13 leave the walking alley down the back. We're just going to 14 make it into two bigger pens, allow for more space. That's 15 all we're doing. 16 COMMISSIONER MOSER: These are County-owned pens, 17 right? 18 MR. BAUER: Yes, sir. 19 COMMISSIONER MOSER: Yeah, so they're -- it's 20 county property, and -- 21 COMMISSIONER BALDWIN: I don't understand the 22 question. What are we asking? 23 MR. BAUER: We're just asking permission. 24 COMMISSIONER REEVES: Authority for Maintenance to 25 remove those middle partitions. Then the livestock show can 12-8-14 69 1 use their portable pens that they've purchased. 2 COMMISSIONER BALDWIN: I see. 3 COMMISSIONER REEVES: To go lengthwise. 4 COMMISSIONER MOSER: Does that take court action? 5 MR. BOLLIER: You have -- 6 JUDGE POLLARD: Yeah, it's on county property. 7 MR. BOLLIER: All we're doing is taking those 8 dividers out. 9 COMMISSIONER MOSER: Tim, my question is, does that 10 take court action for you to do that? 11 COMMISSIONER LETZ: I think so. 12 COMMISSIONER MOSER: You do a lot of things. 13 MR. BOLLIER: I'd like for it to go through Court, 14 because it's going to be something I'm going to take out, and 15 it's not going to be put back. It's going to be a permanent 16 fix, so yes, I believe it does need to go to the Court. 17 COMMISSIONER LETZ: I make a motion to authorize 18 Maintenance to remove the panels as presented. 19 COMMISSIONER REEVES: I'll second. 20 JUDGE POLLARD: Been moved and seconded that the 21 partition panels be removed as requested. Any further 22 discussion? There being none, those in favor, signify by 23 raising your right hand. 24 (The motion carried by unanimous vote, 3-0; Commissioner Baldwin abstained.) 25 12-8-14 70 1 JUDGE POLLARD: Mr. Baldwin? Those opposed? 2 You're not voting, Mr. Baldwin? 3 COMMISSIONER BALDWIN: No, I lost interest in this. 4 JUDGE POLLARD: All right. 5 COMMISSIONER BALDWIN: I'm not real clear what 6 we're doing here. I mean, I understand the mechanics of 7 moving things, but why are we in here asking somebody else to 8 do it? I don't get that. I don't understand -- 9 COMMISSIONER REEVES: I just thought it was 10 appropriate to ask the Court's approval before we tore it 11 out. 12 JUDGE POLLARD: All right. Those -- the vote, 13 then, was three -- 14 COMMISSIONER LETZ: Three. 15 JUDGE POLLARD: Three in favor of the motion. 16 COMMISSIONER LETZ: 3-0-1. 17 JUDGE POLLARD: 3-0-1. All right. Let's go to 18 Item 1.21 -- 19 COMMISSIONER REEVES: That's at 10:30. 20 COMMISSIONER MOSER: That's at 10:30. 21 COMMISSIONER REEVES: Do you need a break? 22 JUDGE POLLARD: Yeah, let's take a five-minute 23 break. 24 (Recess taken from 10:14 a.m. to 10:24 a.m.) 25 - - - - - - - - - - 12-8-14 71 1 JUDGE POLLARD: All right, it's about 10:24 a.m. on 2 December 8th, 2014, and we're now back in session. Kerr 3 County Commissioners Court is back in session. We're going 4 to skip down to Item 1.22; consider and discuss the lease 5 agreement between the City of Kerrville and Kerr County 6 concerning the recycling drop-off center. Commissioner Letz? 7 COMMISSIONER LETZ: I put this on the agenda just 8 by -- it was actually by chance a little bit. I started 9 thinking about it. I received an e-mail about it, and been 10 reading in the paper about it a little bit, about the 11 recycling center, so I thought we ought to get a report on 12 how the recycling center is doing. And as it turns out, the 13 end of 20 years is at the end of this month. December 31st 14 of this year will be the end of the most recent five-year 15 renewal of that agreement. It was -- we can't change it if 16 we want to. Under the agreement, it's a 120-day, you know, 17 end of the term, so it's automatically been renewed for 18 another five years. But I do think that it's -- a lot has 19 probably happened in the area of recycling in the last 20 20 years. I hear, according to the paper, they've cut back 21 services in some areas. I just thought it would be a good 22 opportunity to invite the City over and just explain that 23 facility, what kind of volume it does, what it's costing the 24 taxpayers. Just a general update after 20 years. 25 COMMISSIONER MOSER: I think it's a good idea. 12-8-14 72 1 I've read some of that background on that. It's been there; 2 it's been working well. But I've -- I totally support what 3 you're saying, because I've heard some things, like they're 4 losing money on it and it's not as effective as it used to 5 be. But probably all of us have gotten calls from 6 constituents saying, "What do we do with all of our glass 7 now?" You know, do we put it in the landfill? Hate to do 8 that. But it's worthy of that. 9 COMMISSIONER LETZ: Anyway, so I just -- I'll make 10 a motion that we request the County Judge to invite the City 11 over to give us a report on the 20-year history of the 12 recycling center and where it is and what their plans are for 13 the future. 14 COMMISSIONER MOSER: I second that. 15 JUDGE POLLARD: All right. Any further discussion? 16 COMMISSIONER BALDWIN: I do -- I tell you, the 17 natives are restless. That's -- this is a big deal. 18 JUDGE POLLARD: Yeah, I hear the drumbeats. 19 COMMISSIONER BALDWIN: Yeah, I'm not kidding, man. 20 JUDGE POLLARD: And the war chants. 21 COMMISSIONER BALDWIN: They came through my living 22 room yesterday. Not funny. 23 COMMISSIONER LETZ: But it's been -- 24 JUDGE POLLARD: All right. Any further discussion? 25 COMMISSIONER BALDWIN: Well, I want to ask another 12-8-14 73 1 question. So, the -- the 120 days is only -- I mean, that's 2 when we have to apply to end -- or either side can end it? 3 COMMISSIONER LETZ: Right. 4 COMMISSIONER BALDWIN: It's 120 days before 5 renewal? Is that an annual renewal? 6 COMMISSIONER LETZ: It's five-year. 7 COMMISSIONER BALDWIN: It's a five-year renewal. 8 Let's break the law and send a notice to them, tell them that 9 we're interested in breaking it. 10 COMMISSIONER LETZ: I don't know that we're 11 interested in breaking it. I'm just interested -- I just 12 want to know what they're doing. 13 COMMISSIONER BALDWIN: Well, I'm kind of interested 14 in breaking it if it's not running properly. 15 COMMISSIONER LETZ: That may be the next step, but 16 I think at this point -- I mean, it's kind of a -- as I read 17 the lease -- or I guess you call it the interlocal agreement, 18 whatever you want to call that thing we have, the notice is 19 to be given -- it's automatically renewed after five years 20 unless notice is given by one party 120 days prior to. 21 JUDGE POLLARD: Or more. 120 days or more prior to 22 the end of the term, and we're within that. It's too late. 23 COMMISSIONER BALDWIN: Yeah. 24 SHERIFF HIERHOLZER: Unless there's a default, 25 isn't there? 12-8-14 74 1 JUDGE POLLARD: Well -- 2 COMMISSIONER LETZ: Yeah. 3 JUDGE POLLARD: And that may be, that if it's 4 not -- if there's a problem with running it, maybe there 5 is -- 6 COMMISSIONER BALDWIN: Well, actually, it also says 7 in that they make all the calls on how it's run and what they 8 do and all of that, so -- but I think it's serious enough -- 9 I'm with you 1,000 percent. I think it's serious enough that 10 we really need to take a close look at this thing. 11 COMMISSIONER LETZ: Right. And I will also say 12 this agreement, it's not just a -- it was never intended to 13 be in stone forever. This was part of -- every time we've -- 14 when we were going through those negotiations involving the 15 interlocal agreements, this was always one that was on the 16 table; just nothing was ever done with it. So, anyway -- 17 JUDGE POLLARD: You know, worst case scenario, 18 we're more than 120 days prior to the next term ending right 19 now. We could give notice now. 20 COMMISSIONER BALDWIN: For five years. 21 JUDGE POLLARD: Five years, that's it. 22 COMMISSIONER BALDWIN: Used to -- just a point of 23 history here. Used to -- I think you still can -- out in the 24 middle of that street, you can see where the old turn-around 25 was for the train. 12-8-14 75 1 JUDGE POLLARD: Mm-hmm. 2 COMMISSIONER BALDWIN: That was the end of the line 3 there, and that's where they loaded the cattle up, and I'm 4 sure Mr. Schreiner's stuff. Pretty interesting piece of 5 property. 6 JUDGE POLLARD: Okay. Anybody -- those in favor of 7 the motion, signify by raising your right hand. 8 (The motion carried by unanimous vote, 4-0.) 9 JUDGE POLLARD: It's 4-0, unanimous. Jody, I would 10 ask that you draft me a letter to sign to the City, and I 11 guess to the City Manager, extending that invitation to them 12 -- to the next Commissioners Court? 13 COMMISSIONER LETZ: Right. 14 COMMISSIONER MOSER: Right. 15 JUDGE POLLARD: Okay. All right. 16 COMMISSIONER MOSER: Which would be the 22nd? 17 COMMISSIONER REEVES: Yes. 18 JUDGE POLLARD: I'm going to call -- 19 COMMISSIONER MOSER: Only reason I say that is, 20 it's getting close to the Christmas holidays. Is there any 21 reason to do it -- 22 COMMISSIONER BALDWIN: Can't we do it the first 23 meeting in January? 24 COMMISSIONER MOSER: That's what I would prefer. 25 COMMISSIONER BALDWIN: Me too. 12-8-14 76 1 COMMISSIONER MOSER: Because, you know, thinking of 2 ourselves and thinking of the City and pulling all that stuff 3 together -- 4 COMMISSIONER LETZ: I would say if he can do it, 5 then great. If it's -- if he'd rather one of those two 6 meetings, I think that makes sense. 7 COMMISSIONER MOSER: Yeah. 8 COMMISSIONER LETZ: If that's all right. 9 JUDGE POLLARD: All right. Jody, make a note to 10 that effect, please. All right. I'm looking at the clock, 11 and it looks like it's 10:30 a.m., so we'll go back to Item 12 1.17, which is a timed item. Consider, discuss, and take 13 appropriate action to open bids for administrative and 14 engineering services for the Kerrville South Wastewater 15 project, Phase 6. Commissioners Baldwin and Moser. 16 COMMISSIONER MOSER: Make a motion that we open the 17 bids. 18 COMMISSIONER LETZ: Boy, this is a popular deal, 19 evidently. 20 JUDGE POLLARD: These are copies. They're all 21 duplicates. 22 COMMISSIONER MOSER: Right. 23 COMMISSIONER BALDWIN: How many are there? 24 COMMISSIONER LETZ: There are two timely ones. 25 COMMISSIONER BALDWIN: And one non-timely one. 12-8-14 77 1 COMMISSIONER LETZ: And one that we received late. 2 COMMISSIONER MOSER: We have two different bids. 3 One's for administration; one's for engineering. 4 JUDGE POLLARD: I'm looking for the figures. 5 COMMISSIONER LETZ: If these are professional 6 services, there won't be a figure. We have to accept 7 them, -- 8 COMMISSIONER MOSER: Right. 9 COMMISSIONER LETZ: -- and we negotiate. 10 COMMISSIONER MOSER: Right. 11 JUDGE POLLARD: So, it seems to me like it's going 12 to take a little study to look at them and see what they are. 13 COMMISSIONER MOSER: Well, let's see how many we 14 get. 15 JUDGE POLLARD: We got two. 16 COMMISSIONER REEVES: Read what we got in the 17 record. 18 COMMISSIONER LETZ: That's the second one. 19 COMMISSIONER MOSER: Time out. This is for 20 administration services, that's for engineering, so two 21 separate proposals. 22 JUDGE POLLARD: Okay. 23 COMMISSIONER LETZ: So, keep one from each. 24 COMMISSIONER MOSER: Yeah, right. 25 JUDGE POLLARD: All right. Let's set them aside 12-8-14 78 1 for somebody to look at. 2 COMMISSIONER MOSER: Well, let's read into the 3 record who we received them from. 4 JUDGE POLLARD: All right. This one -- this first 5 one is -- 6 COMMISSIONER MOSER: For administration. 7 JUDGE POLLARD: -- from Grantworks, in care of 8 Bruce J. Spitzengel, 2201 Northland Drive, Austin Texas. I 9 guess this second one's the same thing. 10 COMMISSIONER MOSER: And that's -- for the record, 11 that's the for the administration services. 12 JUDGE POLLARD: All right. Both this -- 13 COMMISSIONER LETZ: Well -- 14 COMMISSIONER MOSER: This one is for engineering 15 services. 16 JUDGE POLLARD: All right. The second one is for 17 engineering services, and I assume it's from the same -- it's 18 from Tetra Tech on 700 North St. Mary's Street in San 19 Antonio. 20 COMMISSIONER LETZ: This is the one that was 21 received late. 22 JUDGE POLLARD: VEI Consulting Engineers. And I 23 don't know what it's bidding on. 24 COMMISSIONER LETZ: I suspect it's engineering 25 services, based on the company. But -- 12-8-14 79 1 JUDGE POLLARD: Consulting engineers; it probably 2 is. VEI Consulting Engineers. That's probably on that. 3 COMMISSIONER BALDWIN: Let me ask a question right 4 quick for the record here. When was the deadline for these 5 to come in? 6 COMMISSIONER LETZ: It's on the -- 7 MS. GRINSTEAD: The deadline was December 1st. 8 COMMISSIONER BALDWIN: And when did that last one 9 come in? 10 MS. GRINSTEAD: That last one, I believe, came in 11 the 2nd. It's written -- I think it's postmarked the 2nd 12 also. Maybe it came in on maybe the 5th. 13 COMMISSIONER LETZ: 5th. 14 MS. GRINSTEAD: Yeah, postmarked the 2nd. Came 15 in on the 5th, so that last one is late, so I believe we 16 don't -- 17 JUDGE POLLARD: These came in on December 1st, so 18 one came in late. 19 COMMISSIONER LETZ: This one came in late. It was 20 due by the 1st; it came in on the 5th. 21 JUDGE POLLARD: Oh, okay. 22 COMMISSIONER MOSER: And postmarked on the 2nd. 23 MS. GRINSTEAD: Mm-hmm. 24 COMMISSIONER MOSER: So, Heather, I think with 25 that, we can't accept the bid -- 12-8-14 80 1 MS. STEBBINS: Right. 2 COMMISSIONER MOSER: -- that was late. 3 MS. STEBBINS: Right. 4 COMMISSIONER MOSER: So, therefore, from what I 5 just heard is that we have one bid from Grantworks for 6 administrative services, and one bid on time for engineering 7 from Tetra Tech. So, with that, we do not have to score -- 8 if I'm correct on that, Heather -- these, since it's the only 9 one. So with that, I make a motion that we proceed with 10 negotiating with Grantworks and with Tetra Tech for the 11 administration and engineering services, respectively, for 12 Kerrville South Wastewater System, Phase 6. 13 MS. GRINSTEAD: That will be your next agenda item. 14 COMMISSIONER MOSER: Okay. Okay. 15 MS. GRINSTEAD: We just accept this. 16 COMMISSIONER MOSER: Just accept, okay. I make a 17 motion that we accept -- 18 COMMISSIONER BALDWIN: I second. 19 COMMISSIONER MOSER: -- the bids as received. 20 JUDGE POLLARD: There's a second to that motion? 21 COMMISSIONER MOSER: Yeah. 22 COMMISSIONER BALDWIN: Yes, I second the motion. 23 JUDGE POLLARD: All right. Is there any further 24 discussion? There being none, those in favor of that motion, 25 signify by raising your right hand. 12-8-14 81 1 (The motion carried by unanimous vote, 4-0.) 2 JUDGE POLLARD: It's 4-0, unanimous. All right, 3 let's go to 1.18; consider, discuss, and take appropriate 4 action regarding resolution authorizing the award of 5 professional service provider contracts for the 2014 Texas 6 Community Development Block Grant Contract 7214025 for the 7 Kerrville South Wastewater Project, Phase 6. Commissioners 8 Baldwin and Moser. 9 COMMISSIONER MOSER: I'll make a motion, Judge, 10 that we accept the bids from Grantworks for the 11 administration services for that grant that you just read, 12 and same thing for accepting the -- the bid and proposal from 13 Tetra Tech for the engineering services for same. 14 JUDGE POLLARD: Is there a second? 15 COMMISSIONER BALDWIN: I second that motion. 16 JUDGE POLLARD: Any further discussion? 17 COMMISSIONER LETZ: And to clarify, that motion is 18 to enter into negotiations with those two companies, correct? 19 COMMISSIONER MOSER: That's correct. That is 20 correct. 21 JUDGE POLLARD: Any further discussion? There 22 being none, those in favor, signify by raising your right 23 hand. 24 (The motion carried by unanimous vote, 4-0.) 25 JUDGE POLLARD: It's 4-0, unanimous. 1.19; 12-8-14 82 1 consider, discuss, and take appropriate action to approve 2 resolution to designate authorized signators for the 2014 3 CDBG Fund Contract 7214025. Commissioners Baldwin and Moser. 4 COMMISSIONER MOSER: Judge, we do not have to -- we 5 can pass on this, 'cause we do not have to authorize 6 signators. 7 MS. GRINSTEAD: No, Regan's here. 8 COMMISSIONER MOSER: Okay. 9 JUDGE POLLARD: We don't want to pass on it, then. 10 MS. LENNEHAN: Let's not pass on it. 11 COMMISSIONER MOSER: Okay. Okay. 12 MS. LENNEHAN: Go for it. This is just to 13 authorize the signers for the draw forms and the contract 14 documents. So, on the previous projects we've had, the 15 Commissioners that are involved in the project, Commissioners 16 of Precinct 1 and Precinct 2, along with the County Auditor, 17 the County Treasurer, and the County Judge to be signers for 18 the grant documents, and specifically for those draw-down 19 forms that we do for each of the payment requests. 20 JUDGE POLLARD: So you want -- you're suggesting 21 the same ones? 22 MS. LENNEHAN: I think if everyone is good with the 23 system that we've had, we should keep that the same as we 24 always have had it. 25 COMMISSIONER BALDWIN: I move for approval. 12-8-14 83 1 COMMISSIONER MOSER: Second. 2 JUDGE POLLARD: Been moved and seconded. Any 3 further discussion? There being none, those in favor, 4 signify by raising your right hand. 5 (The motion carried by unanimous vote, 4-0.) 6 JUDGE POLLARD: 4-0, unanimous. Wham, train went 7 by. All right. 8 COMMISSIONER MOSER: Thanks for that, Regan. 9 JUDGE POLLARD: All right, 1.20; consider, discuss, 10 and take appropriate action to approve resolution to adopt 11 complaint and grievance procedures related to the Texas 12 C.D.B.G. program. Commissioners Baldwin and Moser. 13 COMMISSIONER BALDWIN: This my favorite part of the 14 entire thing. I'll tell you as soon as we get it passed, you 15 have to pass it to know what's in it. Heard that before, 16 haven't you? 17 JUDGE POLLARD: Sounds like getting the cart before 18 the horse. 19 COMMISSIONER BALDWIN: Well, no, it's not exactly 20 that. It's -- actually, it's you that receives all the 21 complaints. So, I move -- 22 JUDGE POLLARD: I haven't received any. 23 COMMISSIONER BALDWIN: No, you haven't. 24 COMMISSIONER LETZ: But you will. 25 COMMISSIONER BALDWIN: You will. No, not really. 12-8-14 84 1 Hardly ever any kind of complaints that come in, but it's 2 just a -- it's a thing that we have to do. 3 JUDGE POLLARD: Okay. 4 COMMISSIONER BALDWIN: It's a resolution to adopt 5 the complaint and grievance procedures, and I move that we 6 adopt this resolution. 7 JUDGE POLLARD: Well, maybe we ought to have a 8 Commissioner -- 9 COMMISSIONER MOSER: I'll second, before you get 10 too far there. 11 JUDGE POLLARD: All right. Any discussion? Maybe 12 we ought to have a Commissioner in charge of receiving those 13 complaints. 14 COMMISSIONER BALDWIN: I couldn't disagree more. 15 JUDGE POLLARD: All right. Is there any further 16 discussion? If not, those in favor of the motion, signify by 17 raising your right hand. 18 (The motion carried by unanimous vote, 4-0.) 19 JUDGE POLLARD: It's 4-0, unanimous. 20 COMMISSIONER BALDWIN: Thank you, Judge. I'll give 21 you his home phone number, and he doesn't like to be called 22 before 10 o'clock at night. 23 MR. BOLLIER: I thought it was like midnight. 24 COMMISSIONER BALDWIN: It's 10:00. 25 JUDGE POLLARD: Actually, my bedtime is at 9:00. 12-8-14 85 1 COMMISSIONER BALDWIN: Used to be. (Laughter.) 2 JUDGE POLLARD: Okay, let's see. Did we do 1.21? 3 MS. STEBBINS: Not yet. 4 JUDGE POLLARD: Consider, discuss, and take 5 appropriate action to approve proclamation declaring April as 6 Fair Housing Month. Commissioners Baldwin and Moser. 7 COMMISSIONER BALDWIN: I move for approval. 8 COMMISSIONER MOSER: Second. 9 JUDGE POLLARD: Is there discussion -- any 10 discussion? 11 COMMISSIONER BALDWIN: I hope not. 12 JUDGE POLLARD: Okay. Then those in favor of the 13 motion, signify by raising your right hand. 14 (The motion carried by unanimous vote, 4-0.) 15 JUDGE POLLARD: It's 4-0, unanimous. We did 1.22, 16 so we'll go to 1.23; consider, discuss, and take appropriate 17 action to set the ribbon-cutting ceremony for the Hill 18 Country Youth Event Center -- 19 COMMISSIONER MOSER: Thanks, Regan. 20 MS. LENNEHAN: Thank you all. 21 JUDGE POLLARD: -- on Friday -- thank you, ma'am. 22 MS. LENNEHAN: Happy holidays, everyone. 23 JUDGE POLLARD: Friday, January 16, 2015, at 24 10 a.m. Commissioners Letz and Reeves. 25 COMMISSIONER LETZ: I put this on the agenda. We 12-8-14 86 1 were out -- Bob and myself, Jody and Charlie were out there 2 last week at one of our regular meetings, and we started 3 talking about ribbon-cutting. And, generally, the County has 4 not done much for these, but this is a little bit of a -- 5 kind of the final part of a really long, big project for us, 6 and we thought that we really should do it right, maybe, 7 including putting a -- Jody printing invitations, sending 8 them out to all the -- you know, City, all those folks. 9 JUDGE POLLARD: Dignitaries. 10 COMMISSIONER LETZ: All the dignitaries in the 11 community, and those -- you know, ask Stock Show to invite 12 some people, too, that -- people that have given them 13 substantial funding, maybe not dignitaries. 14 COMMISSIONER MOSER: He said dignitaries. 15 COMMISSIONER LETZ: Anyway, so we put it on the 16 agenda to, I think, get the Court's thoughts on this, if we 17 should do it on that date, how we should handle it, and 18 things of that nature. So -- 19 JUDGE POLLARD: I think it's a good idea. 20 COMMISSIONER REEVES: I think the date will kind of 21 coincide -- we've got Cowboy Breakfast that morning. Have 22 the ribbon cutting at 10 o'clock. You know, the livestock 23 show will be kicking off a couple days later, so it will all 24 fit in real good. The Chamber has indicated that they'll be 25 present with the ribbons, the big scissors, everything like 12-8-14 87 1 that. 2 COMMISSIONER BALDWIN: Going to have the big ones? 3 COMMISSIONER REEVES: The big ones. 4 COMMISSIONER BALDWIN: Okay. 5 COMMISSIONER REEVES: And I think that way 6 everybody can see what the this whole Court and this whole 7 community's been working on. 8 COMMISSIONER LETZ: And the facility's -- the 9 facility will then be open for people to walk through it and 10 see it. It will be -- Huser's aware of this date. They're 11 comfortable with it. So, it's kind of a -- 12 COMMISSIONER BALDWIN: Can I make a suggestion? 13 COMMISSIONER LETZ: Yes. 14 COMMISSIONER BALDWIN: As far as the guest list is 15 concerned, could you invite courts from contiguous counties? 16 COMMISSIONER LETZ: Certainly. 17 COMMISSIONER BALDWIN: Like -- 18 COMMISSIONER LETZ: Good idea. 19 COMMISSIONER BALDWIN: -- Fredericksburg. You 20 could put an "eat your heart out" stamp on there and stuff 21 like that. But I -- they're going to be just as proud as we 22 are. 23 COMMISSIONER LETZ: Yeah, I think it's a good idea 24 'cause it is a -- it's truly a regional facility. 25 COMMISSIONER BALDWIN: Mm-hmm. 12-8-14 88 1 JUDGE POLLARD: Judge Stroeher told me he was 2 relieved that he didn't have to raise the money to do all 3 this for their county. So you guys -- 4 COMMISSIONER MOSER: Yeah. 5 JUDGE POLLARD: Okay? So, I think he will be in 6 support of that. 7 COMMISSIONER LETZ: And I don't know if we need a 8 motion on this. This is just to kind of make sure that we're 9 all on the same page, and we'll proceed -- and Jody will 10 proceed making it happen. 11 JUDGE POLLARD: Let's have a motion anyway so it's 12 in the record that we had -- we're getting there. 13 COMMISSIONER LETZ: I make a motion that we do the 14 official ribbon-cutting ceremony for the new Event Hall at 15 the Hill Country Youth Event Center at 10 a.m. January 16th, 16 2015. 17 COMMISSIONER REEVES: Second. 18 JUDGE POLLARD: Any further discussion? Only -- I 19 only say, "Whew." Finally got there, okay, and celebrating 20 it. All right. Those in favor of the motion, signify by 21 raising your right hand. 22 (The motion carried by unanimous vote, 4-0.) 23 JUDGE POLLARD: It's 4-0, unanimous. All right. 24 Consider, discuss, and take appropriate action approving 25 landscape plan, plant budget, plant acquisition, and related 12-8-14 89 1 issues for the Event Hall at Hill Country Youth Event Center. 2 Commissioners Letz and Reeves. 3 COMMISSIONER LETZ: This is going to be a couple of 4 items. Charlie's going to run with most of this, but there 5 is one part that is up to the Court whether they want to do 6 it or not. Charlie will present the budget plan and all 7 that. As the Court is aware, I own a nursery, and I would be 8 more than glad and happy to provide all the plant materials 9 that the landscape architect specifies at no cost. The 10 problem is, I own the nursery, and I can't -- 11 JUDGE POLLARD: At no cost? 12 COMMISSIONER LETZ: At no -- no additional cost. 13 At my cost. 14 JUDGE POLLARD: At cost. 15 COMMISSIONER LETZ: At my cost, excuse me. Thank 16 you, Judge. 17 JUDGE POLLARD: I like the first way you said it. 18 COMMISSIONER LETZ: But the -- the County is 19 prohibited from doing business with me unless I provide an 20 affidavit that the County Attorney will prepare. So, if the 21 Court would like that as an option -- not a requirement, but 22 an option for the landscape architect, then that will be -- 23 we need to have a second motion that I would abstain from 24 voting on, and I guess that's the way it needs to be done. 25 But the first part of it, I'll turn it over to Charlie, and 12-8-14 90 1 he'll talk about the budget and the plan. 2 MR. HASTINGS: What we have here is a plan to put 3 landscaping in the front of the building, in between the 4 sidewalk and mainly the face of the building. The plan would 5 include live -- live oak trees, some ornamental trees and so 6 forth. There would be some topsoil for some raised beds, and 7 some brown decorative gravel. We have previously anticipated 8 this and kind of budgeted about $10,000 in -- for this whole 9 plan, and you can see that the -- the estimate here is around 10 $6,200. We're tax-exempt, so there wouldn't be any tax on 11 that. 12 COMMISSIONER MOSER: Question. Do we want live oak 13 with all the live oak decline and oak wilt, as opposed to 14 Monterrey oak or some of the others? 15 COMMISSIONER LETZ: The discussions up to -- up to 16 this point have been probably one lacy oak and two live oaks. 17 COMMISSIONER MOSER: Yeah. 18 COMMISSIONER LETZ: I don't know of any live oak 19 that has been planted by any landscape person in the area 20 getting live oak decline. I won't say they can't get it, but 21 Monterrey oak can get other diseases. Red oaks can -- I 22 mean, virtually, you know, it appears that almost any oak can 23 get it. Monterrey -- 24 JUDGE POLLARD: Are some more resistant than 25 others? 12-8-14 91 1 COMMISSIONER LETZ: Some are more resistant than 2 others. Live oak matches what's there in the front, but 3 it's -- I don't have a strong preference -- you know, 4 preference one way or the other. One tree that would go 5 inside the sidewalk would probably need to be, like, a lacy 6 oak, just a smaller oak tree. 7 COMMISSIONER MOSER: Yeah. 8 COMMISSIONER LETZ: The ones on the outside, they 9 can be, you know -- 10 COMMISSIONER MOSER: We have -- I know you have, 11 and I know I have experienced a lot of live oak decline, and 12 even though it's not through the roots, it's -- you cut it, 13 the beetles smell it, and they're there. And I think along 14 Water Street, they eliminated -- took out a lot of live oaks 15 just because of that reason, planted something else. 16 COMMISSIONER LETZ: It was Monterrey oaks. 17 COMMISSIONER MOSER: And they're doing fantastic. 18 So, I would just encourage -- 19 COMMISSIONER LETZ: That's fine. 20 COMMISSIONER MOSER: -- not using live oaks. 21 COMMISSIONER LETZ: The cost is the same. 22 JUDGE POLLARD: I'd like to make a comment, too, 23 that some time ago, Richard Mosty, on behalf the Mosty 24 Nursery, indicated that they were desiring to make some kind 25 of donation too somehow, some of their trees or whatever, so 12-8-14 92 1 I'm just wondering if you could kind of cooperate with them 2 and let everybody participate a little bit. 3 COMMISSIONER LETZ: Yes, certainly. And I 4 mentioned this to the landscape architect, and he contacted 5 the nursery portion of the Mosty family, and they didn't know 6 anything about it. But I mentioned -- 7 JUDGE POLLARD: Richard spoke without -- 8 COMMISSIONER LETZ: Not without talking to -- 9 COMMISSIONER MOSER: The legal side. 10 COMMISSIONER LETZ: -- the legal side. But it's 11 not a problem. They said they'd be glad to help, and they 12 have some -- some trees that are, you know, very good. You 13 know, Jake Walther deals with Mosty Nursery quite a bit. 14 JUDGE POLLARD: They offered to do it, I think, at 15 no cost. 16 COMMISSIONER LETZ: Right. And they -- 17 JUDGE POLLARD: Okay. 18 COMMISSIONER LETZ: So -- yeah. And they have 19 the -- the somewhat famous Mosty red. 20 JUDGE POLLARD: With no authority, he said that, 21 but -- so I don't know where that's going to lead us. 22 COMMISSIONER LETZ: But, yeah, I think, you know, 23 the discussions will be for -- to acquire plants at whatever 24 the lowest possible cost -- 25 JUDGE POLLARD: Sure. 12-8-14 93 1 COMMISSIONER LETZ: -- that we can. 2 JUDGE POLLARD: And subject to availability. They 3 may have something you don't, and you may have something they 4 don't. 5 COMMISSIONER LETZ: Right. 6 JUDGE POLLARD: Okay. There's been a motion made 7 and seconded. Any further discussion? 8 COMMISSIONER MOSER: So the motion is to -- to do 9 this, but pursue the lowest possible cost? 10 MR. BOLLIER: We don't have a motion. 11 COMMISSIONER MOSER: For multiple suppliers? 12 COMMISSIONER LETZ: No motion. No motion yet. 13 JUDGE POLLARD: All right. Is there one? I 14 thought there was one made. 15 COMMISSIONER REEVES: I will make a motion to -- 16 for us to approve the landscape renditions and architectural 17 drawings as presented by Mr. Hastings, and then as part of 18 that, to authorize Mr. Hastings to obtain any of the 19 landscaping materials that are necessary in an amount not to 20 exceed $6,619. 21 COMMISSIONER BALDWIN: Which includes donations and 22 things like that. 23 COMMISSIONER REEVES: Not to exceed. Yes, sir, if 24 we can get them for free, then -- 25 JUDGE POLLARD: I think we're tax-exempt, so I 12-8-14 94 1 think you can amend that figure to say $6,115. 2 COMMISSIONER REEVES: Fair enough. I amend that to 3 $6,115. 4 COMMISSIONER MOSER: And just for clarification, 5 the landscape plan does not have any irrigation system in it. 6 COMMISSIONER LETZ: No. 7 COMMISSIONER MOSER: Okay. 8 JUDGE POLLARD: All right. Any further discussion? 9 COMMISSIONER BALDWIN: Well, how -- you know, I'm 10 going to send this to the -- to the Bruce Oehler family, the 11 Oehler family that's wanting to -- 12 COMMISSIONER MOSER: Contribute. 13 COMMISSIONER BALDWIN: -- contribute and purchase a 14 tree and have it planted out there. How -- I'm going to send 15 this and let them choose one, choose the route they want to 16 go. 17 JUDGE POLLARD: Tinley family, too. 18 COMMISSIONER BALDWIN: And I'm sure that the Tinley 19 family would be done the same way. But how are they going to 20 know that we have -- what if we have plenty of live oak 21 trees? I mean, how are we going to prioritize the gifts? 22 COMMISSIONER LETZ: Well, the idea is, in the 23 budget, make sure there's three trees. And those three trees 24 is one reserved for Oehler family, one reserved for the 25 Tinley family, one reserved for the Williams family. 12-8-14 95 1 COMMISSIONER MOSER: Correct. 2 COMMISSIONER LETZ: Those are the three trees. 3 COMMISSIONER MOSER: Right. 4 COMMISSIONER LETZ: If they wanted to buy -- you 5 know, donate for something else -- 6 COMMISSIONER BALDWIN: You're talking about the 7 ornamental tree? 8 COMMISSIONER LETZ: No, the tree -- the 45-gallon. 9 COMMISSIONER MOSER: Right here. 10 COMMISSIONER BALDWIN: Yeah, I see these. But on 11 the drawing, you only have -- 12 COMMISSIONER LETZ: Well, that's -- if you look at 13 the bottom drawing, the trees -- this is revised; two trees 14 on the bottom, one here. One there, and two here. 15 COMMISSIONER BALDWIN: Oh, okay. 16 COMMISSIONER LETZ: Those are the three trees. And 17 that's -- they've been located, because of the fire line and 18 size and things of that nature, kind of where they need to 19 go. 20 COMMISSIONER BALDWIN: Okay. I have something to 21 say to them now. That's fine. 22 COMMISSIONER LETZ: Yeah. 23 COMMISSIONER BALDWIN: Thank you. 24 JUDGE POLLARD: Maybe -- maybe the best way to do 25 that from a -- they could call them for their trees, but 12-8-14 96 1 you -- let's just put a -- maybe an average price on there, 2 instead of trying to figure out what kind of tree they want, 3 and maybe somebody else -- two of them picking the same tree 4 or something. 5 COMMISSIONER LETZ: They're all the same price; 6 they're all going to be based on his quote. You know, he has 7 them listed at $185 a piece. 8 COMMISSIONER MOSER: 185 bucks. 9 JUDGE POLLARD: So that's just -- maybe they 10 contribute $185, and then it's one of the trees. 11 COMMISSIONER BALDWIN: That's -- 12 JUDGE POLLARD: Simpler. 13 COMMISSIONER BALDWIN: Yeah, that's about what I'm 14 thinking. 15 JUDGE POLLARD: It's just -- I don't want to get 16 all complicated about this. How does that sound? Is that 17 agreed? 18 COMMISSIONER REEVES: That works. 19 JUDGE POLLARD: For the motion? All right. Now, 20 any further discussion? There being none, those in favor -- 21 COMMISSIONER REEVES: We don't have a second. 22 JUDGE POLLARD: Was there a second? I thought 23 you -- 24 COMMISSIONER REEVES: I made the motion. 25 COMMISSIONER BALDWIN: I second it. 12-8-14 97 1 JUDGE POLLARD: I thought you seconded it. 2 COMMISSIONER LETZ: No, I didn't yet. I would 3 have. 4 JUDGE POLLARD: Okay. All right. It's been moved 5 and seconded. Now, those in favor of the motion, signify by 6 raising your right hand. 7 (The motion carried by unanimous vote, 4-0.) 8 JUDGE POLLARD: Three -- 4-0, unanimous. Thank 9 you. 10 COMMISSIONER LETZ: Now, Judge, if we might turn it 11 over to Heather, if the -- to allow any of the plants to be 12 possibly bought through my nursery, there needs to be a 13 second motion in there. 14 MS. STEBBINS: There does need to be a second 15 motion to permit that. 16 COMMISSIONER LETZ: That would require me to file 17 an affidavit as required by law. 18 MS. STEBBINS: That's right. 19 JUDGE POLLARD: Do you want to make that motion, 20 Mr. Reeves? 21 COMMISSIONER REEVES: I will make a motion that -- 22 what is your nursery called? 23 COMMISSIONER LETZ: The Garden Haus. 24 COMMISSIONER REEVES: I make a motion that any or 25 all of the items listed regarding landscaping for the Hill 12-8-14 98 1 Country Youth Event Center may be purchased from Commissioner 2 Letz' nursery, the Garden Haus, -- 3 JUDGE POLLARD: At his cost. 4 COMMISSIONER REEVES: -- at his cost. 5 JUDGE POLLARD: The name of the nursery is? 6 COMMISSIONER LETZ: The Garden Haus. 7 JUDGE POLLARD: The Garden Haus. Is there a second 8 to that motion? 9 COMMISSIONER BALDWIN: I second that emotion. 10 JUDGE POLLARD: Any discussion? I just want to say 11 thank you. That's -- I appreciate that very much. All 12 right. Those in favor of the motion, signify by raising your 13 right hand. 14 (The motion carried by unanimous vote, 3-0, with Commissioner Letz abstaining.) 15 16 JUDGE POLLARD: That's 3-0 -- 17 COMMISSIONER LETZ: One. 18 JUDGE POLLARD: -- one. All right, that's the 19 vote. With Commissioner Letz abstaining. All right, 1.25; 20 consider, discuss, and take appropriate action to order 21 dedication plaque for the Hill Country Youth Event Center. 22 Commissioners Letz and Reeves. 23 COMMISSIONER REEVES: If you'll look -- I'll start 24 off, and Commissioner Letz can follow up. If you'll look at 25 your backup material, there's an artist's rendition or a 12-8-14 99 1 mock-up of the plaque that will be hung in the Event Center. 2 A similar size and shape one will be hung on the opposite 3 wall listing livestock show donors to the project, but they 4 will be paying for that one. Total cost, $1,683.99. 5 Commissioner Letz, you got anything? 6 COMMISSIONER LETZ: That's all. I mean, we'd -- 7 Jody took the action we did at the last Commissioners Court, 8 laid it out. I think it looks great. I'll second the 9 motion. 10 COMMISSIONER MOSER: Let's see -- okay, go ahead. 11 JUDGE POLLARD: Go ahead. 12 COMMISSIONER MOSER: On the plaque, it shows the 13 show barn, 2012, and event hall, 2014. Okay. All right, 14 I've answered my own question. 15 JUDGE POLLARD: Any further discussion? There 16 being none, those in favor, signify by raising your right 17 hand. 18 (The motion carried by unanimous vote.) 19 JUDGE POLLARD: It's 4-0, unanimous. Let's go to 20 1.26; consider, discuss, and take appropriate action 21 regarding update of construction at the Hill Country Youth 22 Event Center and related issues. Same two commissioners. 23 COMMISSIONER LETZ: I think, pretty much, we're on 24 track. Possibly a little bit ahead of schedule, though Huser 25 hates to use the word "ahead" of schedule, but everything 12-8-14 100 1 looks good. They're -- ceiling tiles are kind of at the 2 point of being installed. Pretty much, it's just kind of the 3 check-up for final cosmetic things are being done right now. 4 Maintenance is going to be having some meetings with them, 5 going through all the systems out there, the HVAC, lighting, 6 all that type stuff. 7 MR. HASTINGS: Parking engineering. 8 COMMISSIONER LETZ: Parking. Charlie has put 9 together a parking plan, which looks good. Everything looks 10 on schedule. 11 JUDGE POLLARD: Any other discussions? Do we take 12 any action? 13 COMMISSIONER LETZ: No. 14 JUDGE POLLARD: No motion? 15 COMMISSIONER REEVES: It's getting to be to the 16 point where you can be there one day, come in there a couple 17 days later, and you really notice -- 18 JUDGE POLLARD: Lots of differences. 19 COMMISSIONER REEVES: -- the differences. And 20 Wednesday -- 21 JUDGE POLLARD: Cosmetic. 22 COMMISSIONER REEVES: -- Wednesday we met with 23 Huser, and when it was Friday I was out there again, and, I 24 mean, interior doors are being hung; it's really taking 25 shape. The Court, if they're by there, should take a little 12-8-14 101 1 walk-through. They'll be very impressed on it. 2 JUDGE POLLARD: Okay. Let's -- 1.27 is -- this is 3 a public hearing. 4 COMMISSIONER BALDWIN: 11:00. 5 JUDGE POLLARD: Looks to me like that's it up 6 there. 7 COMMISSIONER REEVES: What time you got, Sheriff? 8 SHERIFF HIERHOLZER: About a minute till. 9 JUDGE POLLARD: One minute till? 10 SHERIFF HIERHOLZER: Close to it. 11 MS. STEBBINS: I've got three minutes till. 12 COMMISSIONER MOSER: Two minutes. 13 JUDGE POLLARD: Two minutes. 14 MS. STEBBINS: Average it out. 15 MR. HASTINGS: Judge, if you'd like for us to 16 revisit the awarding the bid for the material? 17 COMMISSIONER MOSER: Yeah, back on Item -- 18 MR. HASTINGS: What is it, 1.6? 19 JUDGE POLLARD: One point what? 20 COMMISSIONER LETZ: Six. 21 MR. HASTINGS: I'm sorry, 1.5. 22 JUDGE POLLARD: 1.5. 23 COMMISSIONER MOSER: Yeah, 1.5. 24 JUDGE POLLARD: All right. Consider discuss and 25 take appropriate action to open, read, and award annual bids 12-8-14 102 1 for the road base cold mix, aggregate and emulsion oil and 2 corrugated metal pipe. Have we had a chance to study those? 3 MR. HASTINGS: Yes, sir, we've had a chance to 4 study them. We had requested that we be able to come right 5 back as soon as we're ready to make a recommendation. We're 6 ready for that recommendation. 7 JUDGE POLLARD: What's the recommendation? 8 MR. HASTINGS: Our recommendation -- I'm going to 9 go through each material, and I will name the contractor. 10 For paving aggregates, Vulcan out of San Antonio. For 11 emulsion oils, Ergon out of Austin, Texas. For corrugated 12 metal pipe, Wilson out of Elkhart, Texas. 13 JUDGE POLLARD: Where is Elkhart? 14 MR. HASTINGS: East. 15 COMMISSIONER LETZ: Near Waco somewhere, I think. 16 JUDGE POLLARD: Okay. 17 MR. HASTINGS: Base material, Reeh out of Comfort, 18 Texas, with an alternate, Wheatcraft out of Center Point. 19 That alternate is because sometimes the material is closer to 20 a particular job in the county, and we might use a separate 21 contractor for that. And for the cold laid asphalt concrete 22 paving, Vulcan out of San Antonio. 23 JUDGE POLLARD: Okay. 24 COMMISSIONER LETZ: I move we award the bids as 25 recommended by Mr. Hastings. 12-8-14 103 1 COMMISSIONER MOSER: Second. 2 JUDGE POLLARD: Any further discussion? If not, 3 those in favor, signify by raising your right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 6 Charlie. 7 MR. HASTINGS: Thank you. 8 JUDGE POLLARD: Let's go back to -- all right, 9 1.27, public hearing regarding petition to resume maintenance 10 of Gulch Ranch Road, a/k/a South Park, pursuant to petition 11 dated October 10, 2014 by Robert R. Taylor, Vice President, 12 Guadalupe Ranch Property Owners Association. Commissioner 13 Reeves. 14 (The regular Commissioners Court meeting was closed at 11:00 a.m., and a public hearing was held in 15 open court, as follows:) 16 P U B L I C H E A R I N G 17 COMMISSIONER REEVES: Yes, sir. I know this is the 18 public hearing. Mr. Taylor is present here. This was a 19 petition filed by Mr. Taylor to reopen the maintenance, or to 20 resume maintenance of Gulch Ranch Road, which is in Guadalupe 21 Ranch Estates out the North Fork, right before you get to Mo 22 Ranch. The petition was posted in the appropriate locations 23 on October 30th, 2014. And with it being a public hearing on 24 it, we'll refrain from any other comments till we move to the 25 next item. 12-8-14 104 1 JUDGE POLLARD: All right. Your name, sir? 2 MR. TAYLOR: Robert Taylor. 3 JUDGE POLLARD: Okay. 4 MR. TAYLOR: Thanks for hearing me this morning. 5 I'm the -- currently the vice president of the homeowners' 6 association, Guadalupe Ranch Estates. We're here, lots of my 7 neighbors, in an effort to have the County reinstate 8 maintenance on a very important road in our subdivision that 9 for years has served as a strategic fire break. We had a 10 devastating fire back in '81 that took about half the 11 property out. And it also serves as a road directly from our 12 firehouse where we currently have two trucks, and third, it's 13 a way to service a lot of area in our subdivision. County 14 maintenance was ceased in 2004. 15 JUDGE POLLARD: Why? 16 MR. TAYLOR: I don't have those facts. 17 JUDGE POLLARD: Okay. 18 MR. TAYLOR: Some of those are varied. But 19 currently, there are 47 homes in our subdivision. Since the 20 maintenance was ceased in 2004, 14 homes have been built. 21 Substantial tax base, and that's increasing every year. 22 We're building one to two homes every year in that 23 subdivision. The one under construction right now is about 24 three-quarters of a million dollars, so there's a huge tax 25 revenue there. Our efforts here are safety for our home and 12-8-14 105 1 our property out there. This road was very important at the 2 time it was shut down and blocked off by someone that's been 3 in discussions with Mr. Reeves and the County Attorney about 4 this issue of how to proceed. And we want to work in concert 5 with the County to see how we can explore ways to get that 6 road back on the maintenance schedule. 7 COMMISSIONER MOSER: Question. Does it meet 8 standards -- county standards? 9 MR. TAYLOR: At the time it was closed, it did. 10 COMMISSIONER MOSER: No, does it now? 11 MR. TAYLOR: Your standards are -- are those -- 12 JUDGE POLLARD: I'll yield to Road and Bridge. 13 Does it meet the standards? 14 MR. HASTINGS: No, it does not. 15 COMMISSIONER MOSER: How we can we do it? 16 MR. HASTINGS: It'll have to be brought back up to 17 standards and the right-of-way dedicated. 18 COMMISSIONER MOSER: Okay. So, okay, yeah. 19 COMMISSIONER REEVES: We can discuss it when we get 20 out of the public hearing. This is -- there's a lot of 21 people that want to speak to this. 22 JUDGE POLLARD: Yeah. 23 COMMISSIONER MOSER: Okay. 24 JUDGE POLLARD: All right. Anything else, Mr. 25 Taylor? 12-8-14 106 1 MR. TAYLOR: No, sir. Thanks very much. 2 JUDGE POLLARD: Thank you. There's a Michael 3 McAnally. 4 COMMISSIONER MOSER: We'll pass them around for you 5 if you just hand them to us. 6 MR. McANALLY: Thank you, Honorable Judge and 7 Commissioners. My name is Mike McAnally. I'm the owner of 8 the property bordering the east side of the right-of way of 9 South Park Road in Guadalupe Ranch Estates. Our 22-acre 10 triangular parcel is bordered by Cherry Springs Road on the 11 north, North Park Road on the east, and the right-of-way of 12 South Park on the west. Our property included a 15-foot-wide 13 easement along the right-of-way for South Park Road for 14 utilities and the roadway. In 2004, we were notified by the 15 Commissioners Court that they had decided to discontinue 16 maintenance for South Park. This occurred at the time that 17 the other roads in Guadalupe Ranch were being paved, and we 18 had no role in the County's decision not to maintain South 19 Park Road, but I can maybe shed some light on reasons that 20 might have been under consideration. 21 JUDGE POLLARD: Did you own your tract at that 22 time? 23 MR. McANALLY: Yes, sir. We had acquired it in 24 1980. 25 JUDGE POLLARD: Okay. Go ahead. 12-8-14 107 1 MR. McANALLY: I and my sister are opposing the 2 proposed restitution of maintenance, even though it might 3 benefit our property by adding roadway access on all sides of 4 the triangular tract that we own. As a property owner and 5 taxpayer, we're opposed for the following reasons. The 6 former road, South Park Road, was only three-tenths of a mile 7 long, running roughly parallel and duplicating the access 8 function served by North Park Road. The County's 2004 9 decision was correct. The former road provided access to 10 only two ownership parcels. Our tract's on the east side of 11 South Park Road, and the Hightower's tract is on the west 12 side, and it would be a waste of county resources to resume 13 maintenance of the right-of-way. The purpose of the former 14 road is better served as a private access. The abandoned 15 right-of-way is an open fire protection lane now. When the 16 fire occurred back in the 1980's, it swept across this whole 17 area, and the fire department chose to put the line to stop 18 the fire up on Cherry Springs, which is the natural choice 19 along the top of the ridge. The former roadway does not meet 20 generally accepted engineering standards. The intersection 21 with Cherry Springs Road has limited sight distance due to 22 the steep grade of South Park approaching the intersection. 23 We submit that the vacated right-of-way does not warrant the 24 expenditure of county funds. Thank you. 25 JUDGE POLLARD: So that road would provide service, 12-8-14 108 1 really, to you and to the Hightowers? 2 MR. McANALLY: Yes, sir. 3 JUDGE POLLARD: And that's all? How do the 4 Hightowers feel about it? 5 MR. McANALLY: I think they're here. 6 MS. STEBBINS: They're here to talk about it, but 7 let's -- if we can get to the discussion in the next agenda 8 item. 9 JUDGE POLLARD: Okay. 10 MS. STEBBINS: And let the public -- 11 JUDGE POLLARD: Mr. Hightower wants to speak. He 12 filled out a form. 13 MR. HIGHTOWER: You may already have one. Here's a 14 bigger copy. 15 COMMISSIONER REEVES: Thank you. 16 MR. HIGHTOWER: I'm Mike Hightower, and I'm 17 representing the Hightower family since 19 -- we purchased 18 this property in 1978, when the subdivision was developed. 19 South Park Road and North Park Road were brought up to a 20 certain level at that point in time, certainly not enough to 21 meet county requirements now. South Park Road only accesses 22 our property on one side and the McAnallys' on the other. 23 Because North Park Road starts in the same location, and 24 pretty much ends in the same location, there's about 1,000 25 feet in between, nobody used it, and the County chose fit -- 12-8-14 109 1 saw fit to not maintain that road, because it was just a 2 duplication. As an easement, we're not landlocked, so we can 3 certainly use that easement -- or really, actually, we own 4 the property, but -- but it would allow the two properties 5 that only front onto that road to still have -- have ingress 6 and egress. 7 We left that road open for 32 years. Even after 8 the County said they're no longer going to maintain it, we 9 continued to allow that road to be accessed. In about 2010, 10 2011, we had a series of issues with individuals walking that 11 road and using it as a smoking area, and we would find large 12 collections of butts on the ground. This was during the 13 drought. This was during the burn ban. Mr. McAnally's 14 property happens to be the densest cedar break in that whole 15 area, and we were finding cigarettes still smoldering in 16 those areas. Secondly, we found that the neighbors were 17 using that as a dumping ground; box springs, mattresses, 18 refrigerators, that sort of thing, so we were having to haul 19 that off, because it was a somewhat remote area. Thirdly, 20 one of the individuals out there who's no longer with us -- 21 he's moved to California -- indicated that that was a 22 favorite poaching grounds for people coming in and hunting 23 axis deer in that area. So, for those three reasons, we 24 actually put some logs across the road and barricaded it. 25 Now, with a discussion with Mr. Reeves, we probably 12-8-14 110 1 shouldn't have done that. And in order to relieve tension, 2 we have now removed those and are allowing the people to -- 3 to walk or do whatever they want to. Which was one of the 4 concerns of the -- of the homeowners' association. I believe 5 in the letter to Mr. Reeves, they indicated that it was there 6 for three reasons; for fire access, which that really isn't 7 true, and for horseback riding and walking. Well, now two of 8 those three have been made available to them. We do not want 9 the County to come in and maintain that road. It's a waste 10 of county funds. It's unnecessary, and it -- and it exposes 11 us to -- to more issues. We have -- I guess the confusion 12 that I have here is -- is this -- whether this is a petition 13 for the County to maintain the road, or should it be a 14 petition for the County to waive all of their Kerr County 15 subdivision rules and regulations? Because under Section 16 7.11 of the -- of the rules and regulations, that road meets 17 none of the requirements, so in order for the County to take 18 it over and maintain it, they would have to waive basically 19 the entire rules. I think there's 12 different things that 20 the road does not meet at the present. Basically, that's 21 what we -- we feel, that the County shouldn't go in there and 22 waste money on it. 23 JUDGE POLLARD: Thank you. Is there anybody else 24 wishing to address this issue? Yes, sir? 25 MR. SLEYKO: Here's my petition, sir. I was just 12-8-14 111 1 told to return that. 2 JUDGE POLLARD: You're Mr. Joseph M. -- 3 MR. SLEYKO: Sleyko. 4 JUDGE POLLARD: Sleyko. Okay. All right. You 5 live out there in that subdivision? 6 MR. SLEYKO: Yes, I do, Your Honor. 7 JUDGE POLLARD: All right. Proceed. 8 MR. SLEYKO: I'm here to petition the Court that we 9 should restore maintenance of that road. Of -- well, 10 actually, that it's been called three different names, and 11 three different -- under four different administrations, but 12 I think it's generally known as South Park. And I have a -- 13 it's a very vital road to our -- to our subdivision. It has 14 protected us in the past from fires. And I have a copy of 15 the plat of the last time it was burned, and may I present it 16 to the Court? 17 JUDGE POLLARD: Yes. 18 MR. SLEYKO: Excuse me. Should I give it to you, 19 Bob? I'm sorry. 20 COMMISSIONER REEVES: I think I've seen this. 21 MR. SLEYKO: The red line is the -- 22 COMMISSIONER REEVES: The road in question. 23 MR. SLEYKO: -- is the road in question, that 24 serves as a fire break at this time. And I personally have 25 been involved in this all the way back to the year 2002, 12-8-14 112 1 trying to -- it was -- for some reason or another, it was 2 closed, and I petitioned the Court, Judge Henneke -- Judge 3 Rob Henneke's court in approximately November of '01. We 4 had -- 5 JUDGE POLLARD: Are you talking about the County 6 Judge at that time? 7 MR. SLEYKO: Yes, sir. 8 JUDGE POLLARD: That was Fred Henneke. 9 MR. SLEYKO: Yeah. 10 JUDGE POLLARD: Rob was the County Attorney later. 11 MR. SLEYKO: Oh, I'm sorry. 12 JUDGE POLLARD: Yeah. 13 MR. SLEYKO: Well, Judge Henneke -- pardon me for 14 the mistake there. But we had a meeting, and there was a -- 15 just like now, we had a lot of our residents here protesting 16 the closure of that road, the arbitrary closure of the road 17 as we understood it. And Judge Henneke ruled at the time 18 that that was a -- a public thoroughfare and that it couldn't 19 be closed, and in order to -- to institute its closure, we 20 would need 75 percent approval of the residents of Guadalupe 21 Ranch Estates. So at that time, as president of the 22 Guadalupe Ranch Homeowners Association, I assumed and thought 23 that the question was always resolved, and that it wouldn't 24 be brought up again. Because Judge Henneke told us of the 25 conditions that it would take to actually close the road, and 12-8-14 113 1 so I thought everything would be left alone by then. But 2 then going -- it goes all the way back to -- well, May 24th 3 of '07 is when the county maintenance crew appeared and 4 started closing the road. And I personally witnessed it -- 5 and let me see. That goes back to, like I said, May 7. And, 6 again -- 7 JUDGE POLLARD: Of what year? 8 MR. SLEYKO: '07, sir. '07. And nothing was re -- 9 JUDGE POLLARD: What did they physically do to 10 close it? What did you see? 11 MR. SLEYKO: What did I see? I seen county 12 maintenance personnel and equipment out there, and I saw a 13 road grader, and they were dragging a rake behind the road 14 grader to break the -- the pavement up. Actually, it's a 15 caliche road, and you know how it packs down. It was almost 16 close to being pavement, and was really never in question 17 that it was a passable road. But they dragged a -- a road 18 grader there. And I questioned them at the time, and the 19 supervisor told me that someone had complained, and that they 20 wanted that road closed and they wanted the maintenance 21 discontinued. And, again, I -- I told them, I says, "Hey, I 22 thought this was resolved previously in '02." But, again, it 23 comes to -- comes to mind again in '07. So, I wrote a letter 24 to our Commissioner at the time, Commissioner Oehler, in '08, 25 and gave him the information that this is -- this road was 12-8-14 114 1 being illegally closed, and that we -- that we weren't given 2 a chance to vote on this, and none of the -- the residents of 3 Guadalupe Ranch Estates were notified that the road would be 4 closed. And, actually, I never received an answer on that, 5 and I really -- I felt like I was stonewalled. 6 JUDGE POLLARD: What would you use that road for, 7 sir? 8 MR. SLEYKO: Pardon? 9 JUDGE POLLARD: What would you use that road for? 10 MR. SLEYKO: Well, we were always using it, 11 because -- well, first of all, it's the main route to our 12 fire station, which is -- which is down in the valley, and 13 that road was used constantly going down to the lake part by 14 our residents. And -- and it also served as a fire break, as 15 in that picture that you see, and it was a vital road. 16 COMMISSIONER MOSER: I have a question. Who owns 17 that property? 18 COMMISSIONER LETZ: This is a public hearing. 19 COMMISSIONER MOSER: Well, the Judge just asked a 20 question. 21 MS. STEBBINS: I know, but we need to take it to 22 the next item. 23 COMMISSIONER REEVES: Which he can answer on the 24 next agenda item. 25 COMMISSIONER MOSER: Okay. I got a bunch of 12-8-14 115 1 questions. 2 JUDGE POLLARD: I want to hear some facts. 3 MS. STEBBINS: We can on the next one. 4 COMMISSIONER REEVES: Let's give the public their 5 due here to present what they feel. 6 COMMISSIONER MOSER: And then we can ask our 7 questions and we bring it back. Okay, let's go. 8 MS. STEBBINS: Yeah. 9 MR. SLEYKO: And -- well, I guess that's pretty 10 much what I -- what I'm here to say. This is the second 11 hearing that I've attended concerning this. Actually, it's 12 just retaining our roads that we own. It's on our plot. 13 We've used it; it has a name. It's a viable road, and I'm 14 here for the second time in 12 years to protest its illegal 15 closure. 16 JUDGE POLLARD: All right. Thank you, sir. Is 17 there anybody else wishing to address this issue? Yes, sir? 18 MR. McLAURIN: My name is Ross McLaurin; I'm the 19 current president of the homeowners' association, Guadalupe 20 Ranch Estates. Joe Sleyko has kind of carried the torch on 21 keeping this road open for a number of years, and he came to 22 -- I just became president in June, and he approached the 23 past president, Karen Shaw, with his concerns that this road 24 had not -- had been closed illegally, and that the 25 homeowners' association had done nothing about it, and the 12-8-14 116 1 commissioner had done nothing about it. So, I investigated 2 the matter, and I've been talking to Commissioner Reeves, and 3 also to the County Attorney, Heather Stebbins. And I want to 4 thank Commissioner Reeves and Heather Stebbins for their 5 attention to this. I feel like they've been very open-minded 6 to consider all the facts. The -- the background I 7 discovered -- well, let me say that what we're asking for is 8 we're asking for a working group with the county to figure 9 out how to best resolve this problem. 10 The facts, as I've determined it, is that the -- 11 the subdivision was platted, and plats were approved by the 12 County in '78. This is a -- a road on the plat. It was 13 accepted by the county for maintenance, and it was under 14 county maintenance until 2004, and as Joe mentioned, there 15 was a petition presented to the Court in 2002 to -- to 16 abandon and discontinue the road, to have it closed down. 17 And the Court heard the petition, but it was rejected because 18 there were only two homeowners that petitioned for the road 19 to be abandoned, and as Joe said, the county -- state law 20 says that 75 percent of the residents in the subdivision have 21 to petition the Court for that to happen. There are only 22 two. Now, there's 80 -- 80 land owners in our subdivision 23 right now, so -- and, of course, the subdivision has 24 undergone -- undergone considerable development over the 25 years. There's 15 homes have been put in there since 2004. 12-8-14 117 1 But at any rate, the -- the petition to discontinue the 2 road -- to abandon the road was rejected by the Commissioners 3 Court. In 2004, there was an agenda item for the Court to 4 consider the discontinuance of the maintenance, and I believe 5 it was presented by the Road and Bridge department. It was 6 not, as far as I can tell, resolved to the petition by the 7 residents in the subdivision, and so the Commissioners Court 8 voted for the road to be discontinued. 9 Now, what's happened subsequently is there is a 10 couple homeowners in the subdivision that are evidently 11 intent on trying to regain this right-of-way as a -- as 12 private land, to discontinue the public assess to the road. 13 Now, the road is important, because it is the most direct 14 access to the firehouse in the south part of the subdivision, 15 so -- so we have an interest in keeping the road open. Now, 16 what has happened is that the property owners have 17 misrepresented the County's action to discontinue maintenance 18 as abandonment, and they said repeatedly in -- in homeowners 19 association meetings that the road has been closed, and there 20 was nothing that we could do about it. And that happened for 21 years and years and years, to the point where everybody in 22 the subdivision believed it. And so Joe's efforts to keep 23 the road open were somewhat discredited, and he just kind of 24 gave up. And he came to me, and I looked into the situation. 25 I can see, in fact, this road was never abandoned 12-8-14 118 1 by the county; that the road maintenance was discontinued. 2 And that has been misrepresented by people who are trying to 3 aggrandize themselves to the public easement. So, there's 4 some -- there's some things that I would like to work with 5 the -- well, the road now, because it has not been maintained 6 for 10 years now, is, of course, in need of some work, 7 although not -- not a whole lot. But it is in need of work 8 to get it up to county specs, which have changed. Because at 9 the time that the road was being maintained by the county, a 10 gravel road was still considered to be a county road, and 11 today it's got to be paved. So, obviously, that needs to be 12 addressed. We don't really have all the answers on what 13 needs -- we don't really know at this point what needs to be 14 done engineering-wise to get the road up to county specs, 15 what the cost is going to be, and how it's going to be 16 funded. So, what we would like to do is work with the -- 17 with the Commissioner and the staff, Road and Bridge and 18 County Attorney, to figure out how to best achieve this. 19 Now, there's some -- some things in addition to 20 that that I'd like to work with the County on. One is, 21 there's a considerable amount of confusion that's gone on 22 about this road, and -- and I think that a lot of this is 23 being addressed as technology is progressing. You know, 10 24 years ago, I don't believe that the county records were 25 available online. You had to come down to the county 12-8-14 119 1 courthouse and dig through the records and investigate these 2 matters for yourself. Nobody chose to do that. Now that the 3 county records are available online, that's easier to do. 4 And the other thing that would be very helpful would be -- is 5 if there were a map of all the public roads, whether they be 6 privately or publicly maintained, available on the Road and 7 Bridge Department website. Today, there's only a road -- a 8 County-maintained roads -- just a list; there isn't a map, 9 and so people that want to misrepresent the status of a road 10 have been able to do so, because there hasn't been adequate 11 information available to the public to ascertain the status 12 of -- the direct status of the road. And I understand from 13 talking to Commissioner Reeves that is a project that's in 14 process; that there's mapping efforts that are going on so 15 that you can provide information to the public, and so I'd 16 certainly encourage the Commissioners Court to -- to see that 17 through. So, I think that's the -- the main thing we want 18 to -- at this point, we realize there's not money in the 19 budget to put the road on county maintenance this year, and 20 so we would like to have some time to investigate these 21 things with the county. So, that concludes my remarks. 22 JUDGE POLLARD: Thank you. Anybody else? All 23 right. There being no one else, we'll close the public 24 hearing. 25 \ 12-8-14 120 1 (The public hearing was concluded at 11:26 a.m., and the regular Commissioners Court meeting was 2 reopened.) 3 - - - - - - - - - - 4 JUDGE POLLARD: And now go to the next item, which 5 is to consider, discuss, and take appropriate action on 6 petition to resume maintenance of Gulch Ranch Road, a/k/a 7 South Park, pursuant to petition dated October 30, 2014, by 8 Robert R. Taylor, Vice President of the Guadalupe Ranch 9 Property Owners. Commissioner Reeves. 10 COMMISSIONER REEVES: Thank you, Judge. What I'm 11 passing around is just more written documentation, both for 12 and against, the petition that was filed regarding this 13 matter. And I'm passing a copy to each one of y'all, and 14 I'll give a copy to the clerk for her records in a minute. 15 To bring you up to speed, County Attorney, Road and Bridge 16 Department, and parties on both sides of this issue we have 17 met with, and there's -- and perhaps the County Attorney can 18 use a better term, but there's a lot of information that we 19 don't have yet or that is unclear. She has been working on 20 trying to figure out just what all transpired. I know three 21 members of the Court weren't present when some of this came 22 around. I know from Precinct 4, it has been three or four 23 Commissioners. Unfortunately, two of them have passed away 24 that had something to do with it at the time, and I don't 25 think there's anything we can do at this point. I feel like 12-8-14 121 1 I should continue to look into what all went on, what may be 2 done for the road in the future, if anything. And I would 3 like to not take any action on it today, but to continue to 4 investigate what all that might can be done, with the help of 5 the County Attorney's office, with the help of Road and 6 Bridge, and with the help of the property owners in the 7 development. 8 COMMISSIONER MOSER: I have some questions. May I 9 ask my questions? 10 MS. STEBBINS: You may ask your questions. Are 11 they are of me? 12 COMMISSIONER MOSER: Several fundamental questions. 13 Number one, who owns the property? 14 MR. McLAURIN: The Hightowers and the McAnallys. 15 COMMISSIONER MOSER: You own the property. 16 MR. HIGHTOWER: I own the property. 17 MS. STEBBINS: Dedicated -- 18 COMMISSIONER MOSER: That was number one and number 19 two. 20 MS. SHAW: It's a public road. 21 COMMISSIONER MOSER: I don't -- I'm asking who owns 22 the property. 23 MR. HIGHTOWER: We own the property. 24 MR. TAYLOR: That's not true. 25 MR. SLEYKO: That's not true. 12-8-14 122 1 (Several people speaking at the same time.) 2 THE REPORTER: One at a time, please. 3 COMMISSIONER MOSER: Well, there ought to be a 4 record somewhere, okay, so let's find out who owns it. It's 5 a dedicated public road. 6 SHERIFF HIERHOLZER: Okay, before anybody speaks, 7 the court reporter has to be able to get -- 8 COMMISSIONER MOSER: Let me ask my questions, if I 9 may. 10 SHERIFF HIERHOLZER: I know, but the court reporter 11 has to get their names if they're going to talk -- 12 COMMISSIONER MOSER: Rusty, thank you. 13 SHERIFF HIERHOLZER: -- so that it can be responded 14 to. 15 COMMISSIONER MOSER: Thank you. My next question 16 is -- my next question is, why isn't this just a homeowners 17 association? There are a lot of roads in this county. We 18 could open this thing up, and before we go spend a lot of 19 money researching this one, let's look at everything else we 20 need to look at in the county and prioritize these things, 21 and see if we want to open this today, okay? Okay? So 22 that -- let me finish, okay? 23 MS. STEBBINS: Okay. 24 COMMISSIONER MOSER: I waited my turn. So that's 25 another question that I have, that this is going to be. The 12-8-14 123 1 third thing is -- is that -- and I think there would be a lot 2 of effort on our part -- the County's part -- to identify 3 what needs to be done to bring this up to county standards. 4 I don't -- I just don't understand why this isn't just a 5 homeowners association issue, and why the County is involved 6 at this time. 7 MS. STEBBINS: May I answer those questions? 8 COMMISSIONER MOSER: Yes, you may. 9 MS. STEBBINS: Okay. You asked three questions. 10 And who owns the road? It was dedicated in '78. 11 Mr. McLaurin had a pretty good summary of what's transpired 12 over the past several years. It was dedicated in '78. It's 13 a public road, so that's why it's not an H.O.A. issue. It's 14 not a homeowners association issue because it's a public 15 road. 16 COMMISSIONER MOSER: So who pays taxes on that 17 property? 18 MS. STEBBINS: It's an easement. 19 COMMISSIONER REEVES: It's an easement, yeah. 20 COMMISSIONER MOSER: You're not answering my 21 question. So who pays property -- who pays taxes on that 22 property? 23 MS. STEBBINS: I think the Hightowers and McAnallys 24 pay taxes on the property up to the easement. 25 COMMISSIONER MOSER: Okay. 12-8-14 124 1 MS. STEBBINS: Which is different feet in 2 particular parts. 3 JUDGE POLLARD: Depends on the way the original 4 document was dedicated as an easement or road. If it's 5 dedicated in an easement, then they still own under the -- 6 under that and still pay taxes on it. 7 COMMISSIONER MOSER: Okay, got you. 8 MR. McLAURIN: May I say something? 9 MS. STEBBINS: Those were the -- that's why it's 10 not an H.O.A. issue, because it's a public road. The county 11 just no longer maintains it. 12 COMMISSIONER MOSER: Okay, thank you. 13 COMMISSIONER LETZ: But going along, kind of, with 14 that, trying to figure it out, it's a civil issue. It's not 15 a Commissioners Court issue. 16 MS. STEBBINS: Pardon? 17 COMMISSIONER LETZ: We have a civil issue between 18 the people that -- that own the land and the people that want 19 to use it. Whether it's public, there are a lot of public 20 roads that the county does not get involved in the dispute 21 over. 22 MS. STEBBINS: The county does not maintain this 23 road any more; however, it -- it was being blocked, and I 24 don't know -- Charlie, have you checked to see if that's 25 true? If it's been removed? 12-8-14 125 1 MR. HASTINGS: My understanding is it's been 2 removed. 3 MS. STEBBINS: So it was being blocked, so it 4 became an issue where the people who -- the public out in 5 that subdivision who can use the property were not being 6 allowed to. There were chains and -- and other barricades 7 and "No Trespassing" signs, so they're not being -- 8 COMMISSIONER MOSER: It's still a civil issue to 9 me. 10 MS. STEBBINS: No, it's actually a criminal 11 violation of obstruction of roadway. 12 JUDGE POLLARD: She's right. 13 COMMISSIONER BALDWIN: Charlie -- 14 MS. STEBBINS: So they were asking for our help. 15 COMMISSIONER BALDWIN: Is this road on the county 16 Road and Bridge list? 17 COMMISSIONER MOSER: No. 18 MR. HASTINGS: It was removed from the list of 19 roads maintained by the county in 2004. 20 COMMISSIONER BALDWIN: Okay. And -- 21 JUDGE POLLARD: See, that's not the issue, whether 22 or not the county maintains it or not. It's still a -- still 23 can be a county road with no maintenance. 24 COMMISSIONER BALDWIN: I understand. I understand 25 that. 12-8-14 126 1 MR. HASTINGS: He's right. 2 MS. STEBBINS: And there's some confusion because 3 of the language that's been used several different ways in 4 the courtroom, even today. "Abandon," "vacation," 5 "discontinued use," but really what happened was discontinued 6 maintenance. It's still a county road. We just don't 7 maintain it. 8 JUDGE POLLARD: No abandonment. 9 MS. STEBBINS: Pardon? 10 JUDGE POLLARD: There was no abandonment. 11 MS. STEBBINS: That's right. That's correct. 12 MR. HASTINGS: Also, to clarify the question about 13 ownership, if you look at the plat, all of the roads in that 14 subdivision, or almost all of them, it appears to me that the 15 property lines go to either the center or close to the center 16 of the road, and that they are subject to road easements. 17 And so -- and this road, in fact, is subject to road 18 easements. 19 JUDGE POLLARD: So, your answer to your question 20 about who pays the taxes on it is the property owners. 21 COMMISSIONER MOSER: Okay. All right. 22 JUDGE POLLARD: But it's subject to a road 23 easement. 24 COMMISSIONER MOSER: Okay. 25 JUDGE POLLARD: Okay. 12-8-14 127 1 MS. STEBBINS: And then I think the standards, 2 Charlie will be able to answer your question on the standards 3 that the road needs to be brought to. 4 COMMISSIONER MOSER: I think I heard the answer to 5 that. Nobody knows. And -- 6 JUDGE POLLARD: Have you looked at it, Charlie, to 7 determine what it would take to bring it up to standards? 8 MR. HASTINGS: Yes. Yes, I have, and I also got 9 with my staff to find out the history of this road, and my 10 understanding is that South Park, the road name was changed 11 by Kerr 911, I think in 2001, to Gulch Ranch Road. And in 12 2004, the maintenance was discontinued. Our maintenance 13 crews then went there -- out there after it was discontinued, 14 and they pulled the edges over so that it could grass over 15 and so that we -- we were out of it. We're done. And my 16 understanding was at that time, they told me that this was 17 one of the -- one of or maybe the last road that had not been 18 paved and brought up to a standard. Kerr County Road and 19 Bridge over the years had been paving the roads back there, 20 paving the surface, bringing in more base. This one was 21 still a caliche base, 2 to 3 inches thick, not very thick. 22 Maybe thicker in some parts, but pretty thin. So, it does 23 not meet our current standards. Currently, if it was to be 24 rededicated, we would need 60 feet of right-of-way dedicated, 25 not 40. Or an easement, a roadway easement. And the -- we 12-8-14 128 1 would need at least 6 inches of base material, and then a 2 two-course chip seal on top of that would bring it back up to 3 county standards. 4 COMMISSIONER MOSER: And what's the length of this 5 road? 6 MR. HASTINGS: Oh. 7 JUDGE POLLARD: 1,000 feet, they're saying. 8 MR. HASTINGS: Three-tenths of a mile. 9 COMMISSIONER MOSER: Three-tenths of a mile? 10 MR. HASTINGS: Yes, sir. 11 MS. STEBBINS: So, today I think that we all heard 12 often that it's an important fire break, so there are a 13 couple of options for you to consider. And the request from 14 the folks who live out there, I think they can consider going 15 out and clearing it more often so that it does operate better 16 as a fire break. There's also a -- a road district that can 17 be created, and the taxpayers out there can pay back the 18 County for creating the road if that district is created 19 under the Local Government Code. But those are a couple of 20 options that you can consider in moving forward if you don't 21 take it for maintenance. 22 COMMISSIONER BALDWIN: I'm still a little bit 23 unclear how -- how it was taken off the list of 24 county-maintained roads. 25 MS. STEBBINS: It was brought to the Commissioners 12-8-14 129 1 Court back in '04. I think '04 is right. 2 MR. HASTINGS: That's correct. 3 MS. STEBBINS: For consideration. And the Court -- 4 I've got the minutes here. The Court heard it and 5 discontinued the maintenance, and ordered that maintenance be 6 discontinued along with one other road out there in the 7 subdivision. 8 JUDGE POLLARD: Was this on the Court's own motion, 9 or a request of the taxpayers or -- 10 MS. STEBBINS: I don't think so. I think that it 11 was -- I think someone did petition the Court. 12 MR. HASTINGS: I don't know the answer to that, but 13 there was a public hearing and there were notifications in 14 the newspaper. 15 MS. STEBBINS: Appropriate notice was given. 16 JUDGE POLLARD: Do you want -- you're raising your 17 hand. Mr. Hightower, isn't it? 18 MR. HIGHTOWER: Can I make a comment? 19 JUDGE POLLARD: Uh-huh. 20 MR. HIGHTOWER: I suspect one reason that they 21 closed it -- and we really had nothing to do with it; we just 22 find out what's going on after the fact. To go North Fork at 23 20 miles an hour, it's only 34 seconds longer, so the -- the 24 South Park is useless. There's no point in having it, 'cause 25 it's duplicated by North Park. If you're talking about 34 12-8-14 130 1 seconds difference in driving at 20 miles an hour, I suspect 2 they looked at that and considered it and thought, "Why are 3 we paying money to maintain something that we don't need?" 4 JUDGE POLLARD: Yes, sir? 5 MR. SLEYKO: May I make a statement? Personally, 6 I've measured that road myself, and it's seven-tenths of a 7 mile as opposed to three-tenths of a mile. That road is a 8 straight, direct line to Cherry Springs Road. North Park -- 9 the present North Park has two curves to it, and it's almost 10 impossible -- I drive a sports car; it's almost impossible to 11 negotiate that road at 20 miles an hour. But the road in 12 question is a straight line, and -- and using a stopwatch, at 13 a worst case scenario, we would save a lot of time. I was a 14 member of the volunteer fire department at the time, and we 15 measured it out, and it was a distinct advantage down the 16 straight line rather than a curved road that we could not 17 really negotiate with a big truck. 18 JUDGE POLLARD: Thank you, sir. Charlie, have you 19 measured the length of the road? 20 MR. HASTINGS: No, sir. 21 COMMISSIONER MOSER: I just looked at the Google 22 map; it's less than 2,000 feet, if this is correct. So, 23 it -- I mean, it's a lot. 24 JUDGE POLLARD: 5,280 feet in a mile; it cannot be 25 seven-tenths of a mile. 12-8-14 131 1 COMMISSIONER MOSER: Probably 1,500 feet long. 2 COMMISSIONER LETZ: Judge, I kind of go back to 3 Commissioner Reeve's request. I think that's what we need to 4 do. We don't have the facts right now. 5 JUDGE POLLARD: I agree. 6 COMMISSIONER LETZ: Why don't we refer it back to 7 Commissioner Reeves to work with the parties that he wants 8 to -- chooses to work with, and bring it back at a future 9 meeting for a decision. 10 COMMISSIONER BALDWIN: I agree 100 percent, except 11 for, Commissioner Reeves, I need to know something. How did 12 it come off the list? Did the Commissioners Court vote -- 13 vote to do that, or was it done, vacated and all that -- 14 COMMISSIONER REEVES: There was a vote back -- and 15 I'd have to look at the minutes, Commissioner -- to change 16 some road names -- 17 COMMISSIONER BALDWIN: Right. 18 COMMISSIONER REEVES: -- county-wide, and that was 19 included in the order, to -- as you read it, proper grammar, 20 to vacate, discontinue, and cease maintenance of the road. 21 It never said to close the road or anything like that. I 22 think Ms. Stebbins has -- 23 MS. STEBBINS: Here's the order. 24 COMMISSIONER REEVES: -- the court order back at a 25 certain part. Was that the minutes? 12-8-14 132 1 MS. STEBBINS: That's the order. 2 COMMISSIONER REEVES: Okay. 3 COMMISSIONER MOSER: Court order. 4 COMMISSIONER BALDWIN: Hell, I made the motion. 5 (Laughter.) 6 COMMISSIONER MOSER: How soon we forget. 7 COMMISSIONER BALDWIN: So it looks like to me it 8 was abandoned, discontinued, vacated. 9 COMMISSIONER REEVES: The maintenance. 10 MS. STEBBINS: Maintenance. 11 COMMISSIONER BALDWIN: Yeah. 12 COMMISSIONER REEVES: The maintenance. 13 COMMISSIONER MOSER: The maintenance. 14 COMMISSIONER BALDWIN: So, it's still a public road 15 that the County does not maintain. 16 COMMISSIONER REEVES: And I'd like to look into 17 what else can be done. Ms. Stebbins brought up some 18 solutions, and instead of taking any action today, let's 19 continue this. We've only had it available -- I believe I 20 met with the homeowners on Columbus Day; I think it was 21 October 13th. I met with the former president back in the 22 early spring, and we're still getting more and more 23 information, so I don't think we should take any action on it 24 today. It shows there's an interest out there, and some 25 solution needs to be -- be taken. So, that's what I would 12-8-14 133 1 propose. Ross? 2 MR. McLAURIN: I'd like to say a couple things, if 3 I could. One thing that added to the confusion was the 4 changing of the road names. We have -- you know, we have a 5 plat, and we have the easements for the road. Like was said 6 earlier, the road is actually on the property owners' land, 7 and the road occupies an easement. And so on all of our 8 deeds, this -- these roads were referred to on our deeds as, 9 you know, the easements and so forth. But the names that are 10 on the plats are the names that are on our deeds, so as the 11 County came in and changed these road names as a result of 12 911, it's created a considerable amount of confusion, because 13 the road is not the name that we see on our plats, and the 14 road names were changed. And then a notice pops up in the 15 paper for different road names for a public hearing to 16 discontinue the maintenance, and Joe Sleyko, who's following 17 the matter very closely, didn't notice it. So, you know, 18 it's a problem. We'd like to also talk to the County about 19 the road names, and it would be preferable to us if the roads 20 that were original -- the names that were originally given to 21 the roads could be maintained so that we don't have this 22 confusion with our -- you know, with our deeds and our plats. 23 JUDGE POLLARD: 911 controls that. 24 COMMISSIONER MOSER: Right. 25 MR. McLAURIN: That's part of what we'd like to 12-8-14 134 1 talk to y'all about, is about how to reconcile that -- this 2 issue. The other issue is that there are no signs up on some 3 of these roads, so nobody knew that the road -- that the road 4 is going to be discontinued, because there was no sign on it 5 saying what the road name is, and so, you know, it was -- 6 it's a problem for us. So, anyhow, I do -- I would also like 7 to ask the people that are here with the homeowners 8 association, homeowners to raise their hands that can show 9 the kind of support that we have here for the road to be... 10 thank you. 11 COMMISSIONER MOSER: This lady over here keeps 12 raising her hand. 13 MS. SHAW: Well, I really -- I'm Karen Shaw. I was 14 the previous president. I was just going to mention that if 15 there was a posted notice, it said "Gulch Ranch Road" and 16 "Run Road," which is not how we know those roads, so that was 17 all I was going to say, and he said it. 18 JUDGE POLLARD: Yes, ma'am? 19 MS. HIGHTOWER: Yes, sir, I am Sandra Hightower, 20 and I'm one of the property owners that's affected by the 21 road. The right of way, our easement goes on our property, 22 and as you make -- it sounds like you may be working on some 23 planning and working with the groups. Please keep the 24 Hightowers and the other property owners with the easement 25 that passes through their property involved with that group. 12-8-14 135 1 Because at no time did the homeowners association at 2 Guadalupe Ranch Estates ever come and speak to the Hightowers 3 or the other owner of the property -- 4 MR. McANALLY: McAnally. 5 MS. HIGHTOWER: McAnally, I'm sorry. That -- that 6 we have an issue. They never, ever spoke to us. So, what 7 I'm saying here is they don't represent our concerns as the 8 property owners where this easement falls, so please be sure 9 that you include these property owners in that discussion. 10 Thank you. 11 COMMISSIONER REEVES: I will absolutely do that. 12 It's for all of the homeowners, not just a select few. It's 13 for everybody involved. Judge? 14 MR. SLEYKO: Just for clarification, actually, that 15 road has had three names in the past, and it was called South 16 Park initially and changed to Hoover Park Road Southwest, and 17 now it's Gulch Ranch Road. Which leads to -- you know, it 18 just obscures everything that we do. We had a hard time 19 chasing this down, and I just want to clarify that. And I 20 just want to say, Mr. McAnally, I think we talked about this 21 once before years ago, and you didn't care one way or the 22 other at the time. 23 MR. McANALLY: I don't recall that. 24 JUDGE POLLARD: All right, I think we've heard 25 about all we need to. 12-8-14 136 1 COMMISSIONER BALDWIN: Y'all need to get along, 2 now. 3 JUDGE POLLARD: The suggestion is that you continue 4 with the investigation into this, Commissioner Reeves, and 5 come back with -- 6 COMMISSIONER REEVES: And I look forward to working 7 with everybody here to try to find out what's in the best 8 interests of everybody. 9 JUDGE POLLARD: All right. Is that the wish of the 10 Commissioners Court? 11 COMMISSIONER BALDWIN: Sure. 12 COMMISSIONER REEVES: Somebody wants to speak. 13 MR. CONNER: In the meantime -- my name is Mike 14 Conner; I'm a property owner out there. In the meantime, is 15 that road going to be left open and as it is today, with the 16 barricades gone? Or can somebody put the barricades back up? 17 JUDGE POLLARD: I think he's about to answer your 18 question. Turn around. 19 MR. HIGHTOWER: We -- we merely barricaded that 20 road in order to protect our property during the drought, and 21 the fire issues that we were having because of the drought. 22 We have no problems with people accessing that road. 23 JUDGE POLLARD: So it will be left open with no 24 barricades? 25 MS. HIGHTOWER: Be left open with no -- well, it 12-8-14 137 1 will be left open. 2 JUDGE POLLARD: That answers the question. All 3 right, I think we're through with that issue now. If it's 4 the wish of the Commissioners Court across the board, we're 5 going to table it further until Mr. -- Commissioner Reeves, 6 working with the people and with the County Attorney and with 7 Charlie Hastings to come up with some -- hopefully some 8 resolution of the matter. 9 COMMISSIONER REEVES: Yes. 10 JUDGE POLLARD: All right. Let's go to -- 11 COMMISSIONER REEVES: Thank everybody. 12 JUDGE POLLARD: Where are we now? 13 COMMISSIONER LETZ: 29. 14 JUDGE POLLARD: 1.29; consider, discuss, and take 15 appropriate action to approve 2015 workers compensation 16 policy coverage under the four TAC classifications; volunteer 17 firefighters -- mine cuts off right there. What's the rest 18 of it? 19 COMMISSIONER REEVES: It's an executive session 20 item. 21 COMMISSIONER LETZ: Volunteer law enforcement, 22 volunteer emergency medical personnel, and volunteers, all 23 others. 24 JUDGE POLLARD: That's an executive session. Do we 25 need -- 12-8-14 138 1 COMMISSIONER LETZ: Executive session? Yes. 2 JUDGE POLLARD: All right. 3 COMMISSIONER BALDWIN: Good to see you, Bruce. 4 (Low-voice discussion off the record.) 5 JUDGE POLLARD: 1.30. Before we go into executive 6 session, let's consider 1.30; consider, discuss, and take 7 appropriate action regarding the fire alarm monitoring at the 8 Hill Country Youth Event Center. Tim Bollier. 9 MR. BOLLIER: Yes, sir. I didn't know anything 10 about this until last week. Huser Construction contacted me, 11 and they're doing away with the fire alarm system that we 12 have that's on that -- I guess it's going to be the southeast 13 wall over there. They're doing away with that and making it 14 one system that's going to monitor everything. But in order 15 to do that, there is a contract that we have with Beckwith. 16 And I have talked to the County Attorney; if I get this 17 wrong, she can talk. We have to -- in order for this -- in 18 order for us to discontinue with Beckwith, the County 19 Attorney recommends that we get the other one working -- 20 working, and we have until the 19th. Between now and the 21 19th, Judge Pollard needs to send a written letter to 22 Beckwith stating that we no longer need them, or we're no 23 longer going to use them. 24 MS. STEBBINS: It's going to renew for another year 25 on the 19th if we don't give them termination notice. And we 12-8-14 139 1 can terminate just by written notice, and without a penalty. 2 And -- 3 JUDGE POLLARD: Talk to me about the bucks. 4 MS. STEBBINS: I don't know what the -- 5 JUDGE POLLARD: Is it going to cost us anything? 6 MS. STEBBINS: It's not going to cost us additional 7 fees to terminate this contract. 8 JUDGE POLLARD: All right. How about the new 9 contract? 10 MS. STEBBINS: I don't know anything about the new 11 one. 12 COMMISSIONER REEVES: It will actually be less. Is 13 that what you told me? 14 MR. BOLLIER: I think it's actually less, 'cause I 15 think we're paying $45 a month now, and I think it's $35, 16 weren't we doing with the contract? 17 MS. GRINSTEAD: It's in the backup. 18 MR. BOLLIER: It's in your backup. 19 MS. STEBBINS: But the point would be to have one 20 monitoring system for -- 21 COMMISSIONER REEVES: Rather than two. 22 MR. BOLLIER: Rather than two systems. 23 JUDGE POLLARD: All right. Is there a motion to 24 cancel -- give notice of cancellation of the -- or, really, 25 non-renewal is what it amounts to, right? 12-8-14 140 1 MS. STEBBINS: It would -- we need to terminate it 2 or it will renew on its own on the 19th of December. 3 COMMISSIONER REEVES: I make a motion to terminate 4 the existing contract with -- 5 MR. BOLLIER: Beckwith. 6 COMMISSIONER REEVES: -- with Beckwith, and 7 authorize the County Judge to notify them in writing prior to 8 the 19th. And also in the motion, to approve the contract as 9 submitted in the backup material, which you have looked at. 10 MS. STEBBINS: I have not looked at the new 11 contract. 12 COMMISSIONER REEVES: Oh, I thought you looked at 13 the new one. 14 MS. STEBBINS: Not the new one, but I can look at 15 it. 16 COMMISSIONER REEVES: Subject to the County 17 Attorney's office approval. 18 JUDGE POLLARD: All right. Is there a second? 19 COMMISSIONER LETZ: Second. And to clarify, the 20 new contract is with Impact Fire Service? 21 COMMISSIONER REEVES: With Impact Fire Services. 22 MR. BOLLIER: Yes. 23 JUDGE POLLARD: All right. Any further discussion? 24 COMMISSIONER BALDWIN: It's contingent on her -- 25 COMMISSIONER LETZ: Right. 12-8-14 141 1 JUDGE POLLARD: There being no further discussion, 2 those in favor, signify by raising your right hand. 3 (The motion carried by unanimous vote, 4-0.) 4 JUDGE POLLARD: It's 4-0, unanimous. Now let's 5 close the open session and go to closed/executive session. 6 (The open session was closed at 11:50 a.m., and an executive session was held, the transcript of which 7 is contained in a separate document.) 8 - - - - - - - - - - 9 JUDGE POLLARD: Okay. All right, we're back in 10 open session now. 11 MS. LANTZ: Okay. So, I'm requesting from the 12 Court to either add on -- basically, summarizing, our workers 13 comp premium is up for renewal, and they are requesting that 14 we make a designation if we're going to add volunteer 15 firefighters, EMS responders, law enforcement, and other 16 volunteers to our workers comp. 17 JUDGE POLLARD: And you say "make designations." 18 Specifically mention them? 19 MS. LANTZ: Yes. 20 JUDGE POLLARD: In the -- 21 MS. LANTZ: You have to designate those. 22 JUDGE POLLARD: Okay. In the motion. 23 COMMISSIONER BALDWIN: Well, and you couldn't -- 24 you wouldn't take one group and not take them all, though, 25 would you? 12-8-14 142 1 COMMISSIONER LETZ: Could, but I wouldn't. 2 JUDGE POLLARD: No, but I think they're -- they're 3 saying it's required that we mention them all in the motion, 4 though. 5 MS. LANTZ: If we're going to take -- 6 JUDGE POLLARD: Protect them all as a group, but 7 you have to mention them all before they accept it. 8 COMMISSIONER LETZ: I'll make a motion that we 9 include volunteer firefighters, volunteer law enforcement, 10 volunteer emergency medical personnel, and volunteers-all 11 other, under our 2015 workers compensation policy. 12 COMMISSIONER MOSER: Second. 13 JUDGE POLLARD: All right. Is there any further 14 discussion? There being none, those in favor, signify by 15 raising your right hand. 16 (The motion carried by unanimous vote, 4-0.) 17 JUDGE POLLARD: It's 4-0, unanimous. Thank you. 18 All right. Let's finish up. 19 COMMISSIONER LETZ: I move we pay the bills, Judge. 20 Can I get there already? 21 JUDGE POLLARD: Yeah, let's do that. Anybody have 22 a second to that motion? 23 COMMISSIONER MOSER: Second. 24 JUDGE POLLARD: It's been moved and seconded that 25 the bills be paid. Those in favor, signify by raising your 12-8-14 143 1 right hand. 2 (The motion carried by unanimous vote, 4-0.) 3 JUDGE POLLARD: It's 4-0, unanimous. All right. 4 (Low-voice discussion off the record.) 5 JUDGE POLLARD: Budget amendments? 6 MR. ROBLES: Yes, we have four of them, all pretty 7 small. They cover expenses of bonds for J.P. 2 and 3; we 8 didn't have enough in those line items. And Constable 2 is 9 getting his clothing and supplies lined up since he's new, so 10 some of those items went over, but we are able to cover them 11 with vehicle maintenance. 12 JUDGE POLLARD: Okay. Is there a motion? 13 COMMISSIONER LETZ: I move we pay -- or approve the 14 budget amendments as presented. 15 COMMISSIONER MOSER: Second. 16 COMMISSIONER REEVES: Second. 17 JUDGE POLLARD: All right. It's been moved and 18 seconded that the budget amendments be approved. Any further 19 discussion or questions? There being none, those in favor, 20 signify by raising your right hand. 21 (The motion carried by unanimous vote, 4-0.) 22 JUDGE POLLARD: It's 4-0, unanimous. Late bills? 23 MR. ROBLES: None. 24 JUDGE POLLARD: No late bills? We'll skip that, 25 then. Accept -- approve and accept monthly reports. You got 12-8-14 144 1 them, Bob? 2 COMMISSIONER REEVES: Yes. Animal Services, 3 November activity report; Environmental Health, November 4 monthly activity report; Constable, Precinct Number 1, for 5 November 2014; J.P. Number 1 for 2014; Constable, Precinct 2, 6 for November 2014; J.P., Precinct Number 3, for November 7 2014; Treasurer, payroll for November 2014; District Clerk 8 for the month of November 2014; Constable, Precinct Number 4, 9 for November 2014. Move to approve as presented. 10 COMMISSIONER LETZ: Second. 11 JUDGE POLLARD: Been moved and seconded to approve 12 those reports as presented. Is there any discussion? There 13 being none, those in favor, signify by raising your right 14 hand. 15 (The motion carried by unanimous vote, 4-0.) 16 JUDGE POLLARD: It's 4-0, unanimous. Reports from 17 Commissioners/liaisons and liaison committees? Do you have 18 anything, Mr. Baldwin? 19 COMMISSIONER BALDWIN: No, sir, I don't. Thank you 20 for asking, though. 21 JUDGE POLLARD: Mr. Moser? 22 COMMISSIONER MOSER: I have a couple of things real 23 quick. On -- on economic development, James Avery's moving 24 forward. They closed on their property, which is a pretty 25 good commitment. And the other thing is the City, with the 12-8-14 145 1 historical facility over there, whatever it's called -- I 2 forgot the name of it -- over by the library. There's some 3 documents I was told that are county documents, historical 4 documents. They're going to turn those over to the 5 Historical Commission. City doesn't want to keep them any 6 more. So -- 7 JUDGE POLLARD: Well, do we have city documents we 8 don't want to keep? 9 COMMISSIONER MOSER: There may be. 10 JUDGE POLLARD: Let's respond. 11 COMMISSIONER MOSER: So, anyway, I'll find out what 12 we can do with those, if we want to keep them or where we 13 could store them or whatever. Seems like they're historical 14 documents. You know, that's not a city historical facility; 15 that's an area -- 16 COMMISSIONER BALDWIN: That's true. 17 COMMISSIONER MOSER: Yeah. 18 COMMISSIONER BALDWIN: And the original money was 19 for exactly what you're saying. 20 COMMISSIONER MOSER: Right. Right. 21 COMMISSIONER BALDWIN: Now, why is it you just 22 don't give them to the Historical Commission? 23 COMMISSIONER MOSER: Well, it may be the right 24 thing to do. They're just going to turn them over to them, 25 and so -- 12-8-14 146 1 COMMISSIONER BALDWIN: I think it is. Let them 2 house them. 3 COMMISSIONER MOSER: That's what I -- 4 COMMISSIONER LETZ: Over at Schreiner. 5 COMMISSIONER BALDWIN: Put them in the proper 6 place. 7 COMMISSIONER LETZ: Schreiner houses all of our 8 stuff, I believe. 9 COMMISSIONER MOSER: Schreiner does? 10 COMMISSIONER LETZ: Didn't we give it all to them, 11 Buster? 12 COMMISSIONER BALDWIN: Don't start with me. You 13 saw how I voted on that road thing a while ago. 14 COMMISSIONER MOSER: It was his baby. 15 JUDGE POLLARD: Schreiner and the Historical 16 Commission are two separate things, though. 17 COMMISSIONER LETZ: But Schreiner houses -- 18 JUDGE POLLARD: Schreiner Museum -- the museum is 19 what you're talking about? 20 COMMISSIONER LETZ: They handle the archives. We 21 gave a bunch of the historical stuff to Schreiner to archive 22 for us. 23 COMMISSIONER MOSER: See, that's what I didn't -- 24 okay. 25 COMMISSIONER LETZ: I think we did; I'm pretty 12-8-14 147 1 sure. 2 COMMISSIONER MOSER: Whenever the Historical 3 Commission gets these and comes forward, we'll figure out 4 what to do. Okay, that's all I have. 5 JUDGE POLLARD: All right. I don't have anything. 6 Do you have anything, Commissioner Letz? 7 COMMISSIONER LETZ: Just one brief thing, is that 8 we visited last time about hiring outside counsel on some 9 water issues, and I visited with Heather, and then I finally 10 got ahold of Ed McCarthy. 11 JUDGE POLLARD: Which firm is he with? 12 MS. STEBBINS: Oh, I don't have the name written 13 down, and I'd have to. There are several names. He's in 14 Austin. They're water experts. 15 COMMISSIONER LETZ: He's a water contract law 16 expert. 17 JUDGE POLLARD: Yeah, we talked about that before. 18 COMMISSIONER LETZ: I visited with him at some 19 length. He is able to represent us; he doesn't have a 20 conflict of interest, which is a big concern I had with other 21 parties. And his -- he is going to send us an engagement 22 letter, or send the County Attorney an engagement letter. 23 His rates and fees to get into it didn't seem exorbitant to 24 me, probably in the $35,000 range. But we -- 25 JUDGE POLLARD: What are his hourly rates? 12-8-14 148 1 COMMISSIONER LETZ: $350. But he, you know, bills 2 a maximum of eight hours a day, and doesn't include his 3 travel, and -- you know, I don't know. You know how you 4 lawyers are. But, anyway, he's going to send us an 5 engagement letter, and I'm sure he's going to -- he 6 understands the situation with the County Attorney being on 7 maternity leave for a while, and so Ilse will be involved, in 8 touch with him, and I will as well. 9 COMMISSIONER BALDWIN: Isn't there something to do 10 with the contested hearing or something coming up? 11 COMMISSIONER LETZ: There's a -- 12 COMMISSIONER MOSER: Yeah. 13 COMMISSIONER LETZ: -- a new contested thing that 14 he's looked at as well now. 15 COMMISSIONER BALDWIN: And is this going to be an 16 ongoing thing for a long time? Or -- 17 COMMISSIONER LETZ: No, I made it pretty clear to 18 him what our expectations were. 19 JUDGE POLLARD: Okay. 20 COMMISSIONER LETZ: If you have further questions, 21 ask me later. 22 JUDGE POLLARD: Yeah, okay. Do you have anything, 23 Mr. Reeves? 24 COMMISSIONER REEVES: No, sir. 25 JUDGE POLLARD: Okay. Is that it? 12-8-14 149 1 COMMISSIONER LETZ: That's it. We're done, I 2 think. Oh, they haven't -- it's up to them. Do they have 3 any -- 4 JUDGE POLLARD: Any reports from any committees, 5 divisions or anything? None? All right, I declare this 6 session closed, then. 7 COMMISSIONER BALDWIN: There you go. 8 (Commissioners Court adjourned at 12:10 p.m.) 9 - - - - - - - - - - 10 11 12 STATE OF TEXAS | 13 COUNTY OF KERR | 14 The above and foregoing is a true and complete 15 transcription of my stenotype notes taken in my capacity as 16 official reporter for the Commissioners Court of Kerr County, 17 Texas, at the time and place heretofore set forth. 18 DATED at Kerrville, Texas, this 12th day of December, 19 2014. 20 21 JANNETT PIEPER, Kerr County Clerk 22 BY: _________________________________ Kathy Banik, Deputy County Clerk 23 Certified Shorthand Reporter 24 25 12-8-14