1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, October 26, 2015 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 October 26, 2015 2 PAGE --- Commissioners' Comments 4 3 1.1 Public Hearing regarding revision of plat for 4 Lots 5 and 6 of Highlands Ranch Subdivision 5 5 1.2 Consider/discuss, take appropriate action for final approval regarding revision of plat for 6 Lots 5 and 6 of Highlands Ranch Subdivision 6 7 1.6 Consider/discuss, take appropriate action on request by Kerrville Area Chamber of Commerce 8 to use Hill Country Youth Event Center on August 5 & 6, 2016 7 9 1.3 Consider/discuss, take appropriate action to 10 accept preliminary revision of plat for part of Tract 2 of the Theodore and Dorothea Oehler 11 Estate and part of the south half of Tract 2 Subdivision, and set a public hearing on 12 December 14, 2015 at 9 a.m. 15 13 1.4 Consider/discuss, take appropriate action to obtain Commissioners Court authorization to 14 negotiate scope and fee with Lockwood, Andrews & Newnam, Inc., to provide easement and property 15 acquisition services for Center Point/East Kerr County Wastewater Project 17 16 1.5 Consider/discuss, take appropriate action on 17 request from Leadership Kerr County and Kerrville Area Chamber of Commerce to use Flat Rock Lake 18 Park and Hill Country Youth Event Center parking lot for EasterFest on March 25-26, 2016 22 19 1.7 Presentation regarding quarterly update from 20 Kerrville Economic Development Board (KEDC) 26 21 1.8 Consider/discuss, take appropriate action to appoint a county representative to serve on the 22 KEDC Board 28 23 1.9 Consider/discuss, take appropriate action to approve contract with KEDC and allow County 24 Judge to sign same 29 25 1.10 Consider/discuss, take appropriate action to allow concert events at Flat Rock Lake Park -- 3 1 I N D E X (Continued) October 26, 2015 2 PAGE 3 1.11 Consider/discuss, take appropriate action to fill one vacant/budgeted position in Maintenance 4 Department 31 5 1.13 Consider/discuss, take appropriate action on implementation of the burn ban 33 6 1.14 Consider/discuss, take appropriate action to 7 approve contracts with CASA, Families & Literacy, Inc., Dietert Center, K’Star, Elm Pass VFD, 8 Tierra Linda VFD, and Comfort VFD; allow County Judge to sign same 36 9 1.15 Consider/discuss, take appropriate action to 10 accept donation of four balers from City of Kerrville; allow County Judge to sign “Donation 11 of Baler, Disclaimer, and Release of Liability” for same 37 12 1.16 Consider/discuss, take appropriate action to 13 award construction contract for Kerrville South Wastewater Project, Phase 6 38 14 4.1 Pay Bills 40 15 4.2 Budget Amendments 41 4.3 Late Bills -- 16 4.4 Approve and Accept Monthly Reports 42 17 5.1 Reports from Commissioners/Liaison Committee Assignments 43 18 5.2 Reports from Elected Officials/Department Heads 44 19 1.12 Consider/discuss, take appropriate action to open Request for Proposals for Inmate Commissary 20 Services and refer to Kerr County Sheriff for review and evaluation 50 21 --- Adjourned 53 22 23 24 25 4 1 On Monday, October 26, 2015, at 9 a.m., a special 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 October the 26th, 8 2015. It's 9 a.m., and the Kerr County Commissioners Court 9 is in session. The first order of business would be the 10 prayer and then the pledge of allegiance. Please stand and 11 bow your head. 12 (Prayer and pledge of allegiance.) 13 JUDGE POLLARD: All right. The first part of the 14 agenda is the part where anybody in the public wishes to 15 speak on any item that's not on the agenda. If so, please 16 step forward to the podium, identify yourself, and limit 17 yourself to three minutes, please. Is there anyone? There 18 being none, we'll go to the next item on the agenda, which is 19 comments from the Commissioners. We'll start with Number 1. 20 COMMISSIONER BALDWIN: Sir, I do not have any 21 comments at this time, thank you. 22 JUDGE POLLARD: Thank you. 23 COMMISSIONER MOSER: Thank you, Judge. I have one, 24 and that's to recognize Kelly Hoffer. I think we all saw an 25 e-mail on that. Kelly was recognized as the outstanding Road 10-26-15 5 1 and Bridge personnel for the state, I believe this past week. 2 So, Kelly, congratulations. 3 MS. HOFFER: Thank you, sir. 4 (Applause.) 5 COMMISSIONER MOSER: The thing that Kelly does 6 also, which is outstanding from a management, leadership 7 standpoint -- Len and Charlie think they run that operation 8 out there, and we know who runs it. So, Kelly -- Kelly, 9 thanks for all your good work. 10 MS. HOFFER: Thank you, sir. 11 JUDGE POLLARD: All right. I don't have anything. 12 Mr. Letz? 13 COMMISSIONER LETZ: I don't think I have anything, 14 really. 15 JUDGE POLLARD: Mr. Reeves? 16 COMMISSIONER REEVES: Nothing today. 17 JUDGE POLLARD: Okay, very good. We have a fairly 18 short agenda today too, and so we'll get right into it. 19 Item 1.1 on the agenda is a public hearing regarding the 20 revision of plat of Lots 5 and 6 of the Highlands Ranch 21 Subdivision, Volume 5, Page 233, Precinct 1. 22 (The regular Commissioners Court meeting was closed at 9:03 a.m., and a public hearing was held in open 23 court, as follows:) 24 P U B L I C H E A R I N G 25 JUDGE POLLARD: Is there -- I declare the public 10-26-15 6 1 hearing open. Is there anybody? 2 (No response.) 3 JUDGE POLLARD: There being none, I'll close the 4 public hearing. 5 (The public hearing was concluded at 9:03 a.m., and the regular Commissioners Court meeting was 6 reopened.) 7 - - - - - - - - - - 8 JUDGE POLLARD: And we'll go to Item 1.2; consider, 9 discuss, and take appropriate action for the Court's final 10 approval regarding the revision of plat for Lots 5 and 6 of 11 the Highlands Ranch Subdivision, Volume 5, Page 233, 12 Precinct 1. Mr. Hastings. 13 MR. HASTINGS: Thank you. This is a combination of 14 Lots 5 and 6 into one lot, 5R, and at this time, we're asking 15 the Court for their final approval regarding the revision of 16 plat for Lots 5 and 6 of the Highlands Ranch Subdivision, 17 Volume 5, Page 233, Precinct 1. 18 COMMISSIONER BALDWIN: I move for approval. 19 COMMISSIONER REEVES: Second. 20 COMMISSIONER LETZ: Second. 21 JUDGE POLLARD: It's been moved and seconded for 22 approval of the acceptance of the final plat for the revision 23 -- revision of the plat for Lots 5 and 6 of Highlands Ranch 24 Subdivision, Volume 5, Page 233. Is there any further 25 discussion? There being none, those in favor of the motion, 10-26-15 7 1 signify by raising your right hand. 2 (The motion carried by unanimous vote, 4-0.) 3 JUDGE POLLARD: It's 4-0, unanimous. All right. 4 Better skip the next one because it's a timed one at 9:10, 5 and it's not quite 9:10 yet. So, we'll go to the -- going to 6 have to skip down quite a ways. 7 COMMISSIONER LETZ: Item 6. 8 JUDGE POLLARD: 1.6; consider, discuss, and take 9 appropriate action on request by the Kerrville Area Chamber 10 of Commerce to use the Hill Country Youth Event Center on 11 August 5th and 6th, 2016. Mr. Jones. 12 MR. JONES: Good morning, Judge, Commissioners. As 13 the duly elected chairman of the board of the Chamber, I come 14 before you today with a request. First of all, I'd like to 15 say a big "thank you" to each one of you for the past 16 association between the Chamber and the County in terms of 17 KerrFest. We had a very good working relationship. We 18 enjoyed that very much, and thank all of the employees who 19 made those venues a real success. We have an annual event 20 you may have recognized this last year. It's called a 21 business expo, and it's for all members of the Chamber. We 22 would like to hold that business expo on August 5th and 6th, 23 and use the event center -- the Youth Event Center, and also 24 the barn adjacent for that event. Knowing we are a 25 not-for-profit organization, also we intend to not only have 10-26-15 8 1 the expo, which will probably have close to 100 businesses 2 displaying this year in 10-by-10 booths that are piped and 3 draped; we're also going to have a Taste of Kerr County along 4 with that event, and we're also going to have a big-time car 5 show. So, we also would like the approval to include a First 6 Friday Wine Share, as the 5th is the first Friday in August. 7 So, it should be quite an event, and we expect to draw a 8 large number of people from the area, so we would appreciate 9 your approval of the use of that center. 10 COMMISSIONER REEVES: Where was it held this year? 11 MR. JONES: It was held at Schreiner's Event 12 Center, and we quickly outgrew it. We had 66 booths and 13 appropriate piping and draping there, but we had several we 14 had to turn away because we just didn't have the room, so 15 we're looking to expand that program. And this would become 16 an annual event. 17 COMMISSIONER MOSER: You expect 100? 18 MR. JONES: We expect somewhere between 80 and 100 19 booths this time around. 20 COMMISSIONER MOSER: Say a little bit more about 21 the car show. 22 MR. JONES: The car show would be in the old barn 23 next to it. And -- 24 COMMISSIONER MOSER: The show barn? 25 MR. JONES: Show barn. 10-26-15 9 1 COMMISSIONER MOSER: Yeah, right. 2 MR. JONES: Yes. And I can't speak explicitly to 3 the number of cars, but it will be a big car show inside. 4 COMMISSIONER MOSER: Is this an antique car show? 5 MR. JONES: It would be an antique and specialty 6 car show. 7 COMMISSIONER MOSER: I think -- is that the first 8 time we've had -- there hasn't been a car show in that Ag 9 Barn -- I mean in the -- 10 COMMISSIONER REEVES: New show barn. 11 COMMISSIONER MOSER: Yeah, the new show barn. 12 COMMISSIONER REEVES: I don't recall. 13 COMMISSIONER MOSER: I know several people have 14 talked about that would be a great place to do it. 15 MR. JONES: We had a limited one at KerrFest one 16 year. 17 COMMISSIONER MOSER: Okay. 18 MR. JONES: But not to this size. 19 COMMISSIONER MOSER: Yeah. 20 COMMISSIONER LETZ: Ward? 21 MR. JONES: Yes, sir? 22 COMMISSIONER LETZ: What I would like to ask you to 23 do is, if we could reserve the dates. 24 MR. JONES: Mm-hmm. 25 COMMISSIONER LETZ: But we're almost to the point 10-26-15 10 1 of getting the new management company on board, and I'd 2 really -- when it comes to the rates and how it all is 3 coordinated, I'd like them to be involved in this a little 4 bit. And the reason is, possibly -- there is a likelihood 5 that the rates -- nonprofit rates are going to be modified, 6 and I think it's not fair to them or to the County as we are 7 trying to make that whole project work out there a little bit 8 better from the taxpayers' standpoint, that if we have a 9 meeting -- and I think the general manager should be here 10 probably within a month. I'm being a little bit optimistic, 11 but -- there's one hurdle on the contract still, but -- and 12 visit with you, and then bring it back to the Court after we 13 have some input from them. 14 MR. JONES: I appreciate that, Commissioner. I 15 would ask your indulgence as to one factor, and that is, 16 tomorrow we have a board meeting, at which point we have to 17 approve our annual budget for the year, and so this is an 18 integral part of that budget in terms of both cost and 19 potential revenue. As a result, I appreciate where you're 20 coming from. I hope you appreciate where I'm coming from. 21 COMMISSIONER LETZ: Is there a -- I don't want to 22 get too far into this, but is there a potential for some, I 23 guess, fee -- some fees to offset it to be charged to 24 participants? 25 MR. JONES: Yes. 10-26-15 11 1 COMMISSIONER LETZ: And that could possibly be 2 worked on? 3 MR. JONES: Yes. And we don't expect this to be a 4 gratis type situation with the County. We would expect to 5 pay the current fees that are charged any not-for-profit 6 organization. At least that was our intent when we came to 7 court -- to the Commissioners Court today. 8 COMMISSIONER LETZ: I don't have a problem with 9 that, as long as there's some open discussion on entry fees 10 for cars possibly, or something like that, or booths, if 11 there's a possibility of an add-on to the businesses that are 12 coming in, or I don't know how y'all work that at all. 13 MR. JONES: What we typically do, Commissioner, is 14 we charge a set fee per booth, which would include 15 electricity fees for those who want it. We also would charge 16 a certain fee per vehicle in terms of the car show. 17 Obviously, this is not only a -- a show; it's also a 18 fundraising mechanism for the Chamber. So, we'd be happy to 19 work with you on that, keeping in mind that this is one of 20 our four main events for the year. 21 COMMISSIONER LETZ: Sure, yeah. And it's got to be 22 successful for everybody. 23 MR. JONES: Right, exactly. 24 COMMISSIONER MOSER: The programs with your budget 25 size, could you say a range of this to that? 10-26-15 12 1 MR. JONES: We certainly could. I could put 2 something in like "a favorable disposition by Commissioners 3 Court" or something like that. 4 COMMISSIONER MOSER: Something like that, right. 5 And put that headline in the paper. (Laughter.) 6 COMMISSIONER REEVES: What are the days you need 7 it? A Friday-Saturday? 8 MR. JONES: Yes, sir. Friday, the 5th, and 9 Saturday, the 6th of August. 10 COMMISSIONER LETZ: And then -- so that would be 11 the new event center and the -- the new show barn? 12 MR. JONES: Yes, sir. 13 COMMISSIONER REEVES: Correct? And those rates 14 are? 15 MS. GRINSTEAD: I don't have it right here. I know 16 the banquet ones off the top of my head. 17 COMMISSIONER REEVES: There are different rates for 18 commercial versus banquets, and she went to see what the -- 19 if you'll bear with us. 20 MR. JONES: I might say also -- 21 COMMISSIONER MOSER: But you anticipate, Ward, 22 doing this, if we reach an agreement -- and I think it's 23 county-wide, city-wide. It's a big thing. 24 MR. JONES: It is a big thing, yes. 25 COMMISSIONER MOSER: You'd envision this being an 10-26-15 13 1 annual -- 2 MR. JONES: This would be an annual event. 3 COMMISSIONER MOSER: -- thing, right? 4 MR. JONES: And it -- it makes great sense to hold 5 it in that facility. 6 COMMISSIONER MOSER: And let me add one thing to 7 it. And I try -- not try to, I look forward to, almost every 8 month, going to the wine share. And I don't know how many 9 people up here go to it, but there are 200 or 300 people at 10 every one of these -- these wine shares, which is a great 11 venue for the entire community. So, when you -- you're 12 proposing to do that at the same time, since it's the first 13 Friday; is that correct? 14 MR. JONES: That is correct. And, Commissioner, we 15 also -- I don't want to belabor the point, but the Taste of 16 Kerr County, which we have nothing like it currently, -- 17 COMMISSIONER MOSER: Oh. 18 MR. JONES: -- would bring a great number of 19 restaurants from the area into that venue as well, to have 20 attendees sample their food. 21 COMMISSIONER MOSER: And wine. 22 MR. JONES: Exactly. Exactly. 23 COMMISSIONER MOSER: Good. 24 COMMISSIONER LETZ: The rate -- the nonprofit rate 25 for the two days for both of those is $1,250. 10-26-15 14 1 MR. JONES: We'd be happy to agree to that. 2 COMMISSIONER LETZ: Would you agree to 2,000? 3 MR. JONES: Let's see, what time does "Let's Make a 4 Deal" come on? (Laughter.) 5 COMMISSIONER LETZ: 1,250 is the rate, and we'll 6 put -- you know, there would have to be -- I think there will 7 be some discussion on what you charge some of the other 8 groups, and how all that is going to work. 9 MR. JONES: Commissioner, we've worked together 10 before; be happy to do it again. Thank you, sir. If we can 11 get approval of those dates. 12 COMMISSIONER REEVES: Move for approval of the 13 dates, with the understanding they are a not-for-profit 14 organization, and recognize that. 15 COMMISSIONER MOSER: Second. 16 JUDGE POLLARD: Been moved and seconded for 17 approval of the dates -- for the use on those dates. Subject 18 to, really, negotiations, I guess, a little further with -- 19 perhaps with the -- 20 COMMISSIONER REEVES: Right. Actually -- 21 JUDGE POLLARD: -- management team. 22 COMMISSIONER REEVES: Actually recognizing that 23 they are a nonprofit. 24 JUDGE POLLARD: Right, and actually recognizing you 25 are a nonprofit. And they're going to have nonprofit rates 10-26-15 15 1 too, so I think -- aren't they? 2 COMMISSIONER REEVES: I don't know on that. That's 3 why I want on the record they are a not-for-profit. And I'm 4 sure Mr. Jones and the Chamber, the other ancillary items you 5 need, pipe drape, if they supply it, you'd be glad to work 6 with them as well? 7 MR. JONES: Absolutely. 8 COMMISSIONER LETZ: Okay. 9 JUDGE POLLARD: All right. Is there any further 10 discussion? 11 MS. GRINSTEAD: Just to clarify, that rate does not 12 include tables and chairs. 13 COMMISSIONER REEVES: Right. 14 JUDGE POLLARD: All right. Any further discussion? 15 If there's none, those in favor, signify by raising your 16 right hand. 17 (The motion carried by unanimous vote, 4-0.) 18 JUDGE POLLARD: Your dates are approved. 19 MR. JONES: Thank you all. 20 JUDGE POLLARD: That's about all you got. 21 MR. JONES: Appreciate it. 22 JUDGE POLLARD: But you got recognition that it's a 23 nonprofit. All right. It's now 9:10, so let's go to 1.3; 24 consider, discuss, and take appropriate action for the Court 25 to accept the preliminary revision of plat for part of Tract 10-26-15 16 1 2 of the Theodore and Dorothea Oehler Estate, I.R.R. Co. 2 Survey Number 5, Abstract Number 207, and part of the south 3 half of Tract 2 Subdivision, Volume 4, Page 27, and set a 4 public hearing on December 14, 2015, at 9 a.m. Mr. Hastings. 5 MR. HASTINGS: Thank you. This revision of plat 6 corrects a previously illegal subdivision of 5 acres out of 7 the southern half of Tract 2. It was previously 28.84 acres; 8 it's now 23.84 of the Theodore and Dorothea Oehler Estate 9 Subdivision. The current property owners, Timothy and 10 Cynthia Vaughan, were made aware of this illegal subdivision 11 through the permitting of their septic system, which is 12 currently on hold until the lot is made compliant with Kerr 13 County Subdivision Regulations. The minimum lot size is 14 greater than 5 acres, and this subdivision results in a lot 15 that is 5.001 acres. The alternate plat process was approved 16 by Commissioner Reeves for this subdivision. Road and Bridge 17 recommends that the Court set a public hearing on 18 December 14th, 2015, at 9 a.m. for the revision of plat for 19 part of Tract 2 of the Theodore and Dorothea Oehler Estate, 20 I.R.R. County Survey Number 5, Abstract Number 207, and part 21 of the south half of Tract 2 Subdivision, Volume 4, Page 27. 22 This is in Precinct 4. 23 COMMISSIONER REEVES: Comment on this. The Oehler 24 Subdivision is a group of numerous 50-acre tracts that, at 25 one time during partitioning of the family, they went ahead 10-26-15 17 1 and platted the development up and down 479 into numerous 2 50-acre tracts. This one, for whatever reason, 5 acres -- 3 5.001 acres was sold by metes and bounds. And I don't really 4 call it illegal; it was just improperly done. We're trying 5 to get that straightened out with the people. 6 MR. HASTINGS: They're working with us. 7 COMMISSIONER REEVES: And therefore, I move 8 approval. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE POLLARD: Been moved and seconded that -- to 11 accept the preliminary plat -- revision of plat for part of 12 Tract 2 of Theodore and Dorothea Oehler Estate, I.R.R. Co. 13 Survey Number 5, Abstract Number 207, and part of the south 14 half of Tract 2 Subdivision, Volume 4, Page 27, and set a 15 public hearing for December 14, 2015 at 9 a.m. Is there any 16 further discussion? There being none, those in favor, 17 signify by raising your right hand. 18 (The motion carried by unanimous vote, 4-0.) 19 JUDGE POLLARD: It's 4-0, unanimous. All right, 20 let's go on to 1.4. Is it -- yes. Consider, discuss, and 21 take appropriate action to obtain Commissioners Court 22 authorization to negotiate a scope and fee with Lockwood, 23 Andrews, and Newnam, Inc., to provide easement and property 24 acquisition services for the Center Point/East Kerr County 25 wastewater project, Precincts 2 and 3. Mr. Hastings. 10-26-15 18 1 MR. HASTINGS: Thank you. Through the engineering 2 contract with Tetra Tech Engineering for the East Kerr 3 County/Center Point sewer -- wastewater project, 4 approximately 75 easements have been identified and surveyed 5 to accommodate the installation and operation of the proposed 6 sewer system. The Court has previously authorized issuance 7 of a request for proposals. We have received those 8 proposals. The Court put together a committee. The 9 committee has reviewed those proposals and has determined 10 that Lockwood, Andrews, and Newnam has been determined to be 11 the most qualified firm for the job. Funding for easement 12 and property acquisition is included in the Clean Water State 13 Revolving Fund grant application that is currently under 14 review by the Texas Water Development Board, with an 15 anticipated award notification date of January 2016, maybe 16 earlier. The County Engineer respectfully requests the Court 17 to authorize the committee to negotiate a scope and fee with 18 Lockwood, Andrews, and Newnam, Incorporated, to provide 19 easement and property acquisition services for the East Kerr 20 County wastewater project, and bring a contract for the 21 Court's final approval back for consideration contingent upon 22 successful funding from the Clean Water State Revolving Fund 23 grant application that is currently under review by the Texas 24 Water Development Board. 25 COMMISSIONER MOSER: So moved. 10-26-15 19 1 COMMISSIONER LETZ: Second. 2 JUDGE POLLARD: Wow. 3 COMMISSIONER MOSER: This is an important step, I 4 think, in this big $44 million project. The engineering is 5 essentially complete. This will be the next big step, of 6 which Commissioner Letz played a major role in getting the 7 funding for this from Texas Water Development Board that was 8 really tagged for another use, but they allowed us to do 9 that, use these funds for this purpose. And the acquisition 10 of the easements is, like, 75. Is that right, Charlie? 11 MR. HASTINGS: Yes, sir. 12 COMMISSIONER MOSER: 75. So, this is going to be a 13 big deal, but it's the next major step in that big project. 14 And then the next one is funding, which we'll talk about 15 later, so I just wanted to add that. So, it's a big step. 16 MR. HASTINGS: Very good. 17 COMMISSIONER LETZ: Second -- did I second already? 18 JUDGE POLLARD: All right, it's been moved and 19 seconded for approval of -- I'm just going to say Item 1.4 on 20 the agenda, as stated therein. Is there any further 21 discussion? 22 COMMISSIONER BALDWIN: I have a question. Is it -- 23 is it common or normal to hire a group before you get the 24 funding? Or the -- I mean, I don't get that. 25 COMMISSIONER LETZ: We're negotiating. We're not 10-26-15 20 1 approving hiring them; we're -- we're approving negotiating 2 with them to get a contract. 3 COMMISSIONER MOSER: Right. 4 COMMISSIONER LETZ: I mean, we're not doing -- 5 we're not -- this does not authorize them to do a thing or 6 for to us spend a thing. 7 COMMISSIONER MOSER: As a matter of fact, he said 8 you may have -- he went through it quickly. He said 9 contingent on -- 10 COMMISSIONER BALDWIN: I understand. 11 COMMISSIONER MOSER: -- receiving funding. 12 MR. HASTINGS: Right. 13 COMMISSIONER BALDWIN: I understand. So, you can 14 just go so far. So, I'm going to second the Judge's comment, 15 "Wow." This is kind of a strange way to do things. 16 JUDGE POLLARD: Well, if it's contingent on it, 17 does it mean we're obligated to pay any fees or incur any 18 expenses prior to the time we get the funding? 19 MR. HASTINGS: No, sir. 20 JUDGE POLLARD: Okay. 21 MR. HASTINGS: I think the main reason that we're 22 doing this, there's a rush when we do find out whether or not 23 we get the funding, which I'm anticipating we will, from 24 Texas Water Development Board to get this project going, 25 we're going to have a very, very tight time frame. And we 10-26-15 21 1 cannot start construction until we have those easements, so 2 there's going to be a very small window. We've got to be 3 able to move very quickly. 4 COMMISSIONER BALDWIN: There's always a rush, and 5 we're the ones being rushed, when you're dealing with 6 government. 7 COMMISSIONER MOSER: Well, and Commissioner Letz 8 can weigh in on this, but we essentially have the funding. 9 It's 2015 funding that we have. Now, we had to change -- 10 update the application because of some other things in there. 11 So, essentially, funding was -- was there, and it's -- you 12 know, all the I's haven't been dotted, T's crossed and 13 everything, but I don't anticipate any problem. And if we 14 do, there's no cost incurred. And Texas Water Development 15 Board asked last week what our schedule was on the 16 acquisition of these properties. So -- 17 COMMISSIONER REEVES: And your motion is strictly 18 to sit down with this firm, negotiate a contract, a scope of 19 work and what their charges will be, and then you'll bring 20 that back to the Court for approval? Is that the way I 21 understand your motion? 22 JUDGE POLLARD: Mm-hmm, and incurring no expenses 23 until after the Court authorizes it. 24 COMMISSIONER MOSER: Right. 25 MR. HASTINGS: That's correct. 10-26-15 22 1 JUDGE POLLARD: Okay. All right. We have a motion 2 on the floor. Is there any further discussion? There being 3 none, those in favor of the motion, signify by raising your 4 right hand. 5 (The motion carried by unanimous vote, 4-0.) 6 JUDGE POLLARD: It's 4-0, unanimous. All right, 7 we'll go to 1.5; consider, discuss, and take appropriate 8 action on request from Leadership Kerr County and the Kerr 9 Area Chamber of Commerce to use Flat Rock -- let's see, we 10 did that one, didn't we? 11 COMMISSIONER BALDWIN: No. 12 COMMISSIONER MOSER: No. 13 JUDGE POLLARD: Use Flat Rock Lake Park and Hill 14 Country Youth Event Center parking lot for the Easter Fest -- 15 that's the difference, okay -- on March 25th and March 26th, 16 2016. Brian Bowers, please. 17 MR. BOWERS: Good morning, Judge Pollard and County 18 Commissioners. I'm Brian Bowers, a member of Leadership 19 Kerr, Class Number 31. I also have several classmates here 20 who came to support, and so I'd like to ask them to stand, 21 just to recognize them as well. Thank you, guys. 22 JUDGE POLLARD: Very good. 23 MR. BOWERS: On behalf of the class and the Chamber 24 of Commerce, which sponsors Leadership Kerr, I respectfully 25 request the use of Flat Rock Lake Park for our annual 10-26-15 23 1 EasterFest, chili and barbecue cook-off, and community 2 celebration. The American Legion Auxiliary Post Number 208 3 started this event over 40 years ago, and we're continuing 4 with that tradition, as have previous Leadership classes. 5 Our class is requesting the park -- I would like to make a 6 change, I guess, to the dates. After discussing -- after 7 this had been discussed, I visited with Blake Laird, who 8 chaired last year's Leadership class, and he said they 9 actually had some vendors or teams coming in Thursday to set 10 up for the weekend, and so I'd like to request that we get it 11 -- the -- that we gain access beginning Thursday, March 24th, 12 and also have it through Sunday, March 27th. So, 24th, 25th, 13 26th and 27th. In addition to the cook-off competition, 14 we'll conduct a children's Easter egg hunt, have live music 15 and many other forms of entertainment, creating a fun family 16 atmosphere. Funds raised during this event will be used to 17 benefit local nonprofits, and also the local Chamber of 18 Commerce. We do thank you for your consideration, and we 19 greatly appreciate your efforts. 20 COMMISSIONER LETZ: What does it mean, use of the 21 parking lot? What will be on -- more than parking? Or -- 22 MR. BOWERS: The way the event is structured, we'll 23 have live music, so there will be a stage for music. We have 24 a car show, and so there will be cars out there. We'll have 25 vendors. For kids, bounce houses, face painting. We'll also 10-26-15 24 1 bring in other vendors to sell things. Some nonprofits have 2 participated in the past to pass out information, and then 3 you've also got all of the barbecue cook-off teams which come 4 out and camp over the weekend. 5 COMMISSIONER REEVES: But the parking lot, do you 6 need that for physical parking, or is there going to be 7 events in the parking lot of the Event Center? 8 MR. BOWERS: It will be for parking. 9 AUDIENCE: Parking. 10 MR. BOWERS: Yeah, parking for participants. 11 COMMISSIONER LETZ: These events are all down in 12 Flat Rock, correct? 13 MR. BOWERS: Yes, sir. 14 COMMISSIONER MOSER: How's your attendance? How's 15 it been the last several years? Is it increasing or -- 16 MR. BOWERS: I am new to Kerrville. We just moved 17 to Kerrville in December of last year, so last year's event 18 was my first one to go to, and I think that the attendance 19 might have been down a little bit because of the weather. It 20 was cold and a little drizzly on Easter last year, so the 21 weather got them. But I was there with my kids for the 22 Easter egg hunt, and I can tell you there were a lot of 23 little kids running around. 24 COMMISSIONER MOSER: Okay. 25 JUDGE POLLARD: Is there some other events planned, 10-26-15 25 1 Jody, for -- reserved for the show barn? 2 MS. GRINSTEAD: I don't believe so. 3 COMMISSIONER REEVES: Last year, there was actually 4 several events going on up there, and they -- there was ample 5 parking to handle everything that was going on. I know 6 Easter's a different time this year, but it's -- it's 7 definitely beneficial to have additional parking, and Flat 8 Rock, this is a great use of it. A lot of crowds, a lot of 9 people, a lot of family events, and it works very well. 10 MS. GRINSTEAD: There's nothing scheduled that 11 weekend. 12 COMMISSIONER REEVES: And I think, like I said, 13 last year the Market Days was going on, a couple other things 14 were going on, but it all worked good to deal with the 15 parking. So, I move for approval. 16 COMMISSIONER MOSER: Second. 17 JUDGE POLLARD: All right. It's been moved and 18 seconded for approval of the Kerr Area Chamber of Commerce 19 Leadership Kerr County committee to use Flat Rock Lake Park 20 and the Hill Country Youth Event Center parking lots for the 21 EasterFest on March 24th, 25th, 26th, and 27th. Is there any 22 further discussion? There being none, those in favor, 23 signify by raising your right hand. 24 (The motion carried unanimously, 4-0.) 25 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 10-26-15 26 1 sir. 2 MR. BOWERS: Thank you, gentlemen. 3 JUDGE POLLARD: All right. 1.17 -- 1.7, 4 presentation regarding the quarterly update for Kerrville 5 Economic Development Board. Jonas Titas. Good morning, sir. 6 MR. TITAS: Good morning. Sorry about that. 7 COMMISSIONER BALDWIN: Thank you, sir. 8 MR. TITAS: Good morning. Our mission at K.E.D.C. 9 is to help retain and create primary jobs in Kerrville and 10 Kerr County. We feel we've had a very successful year this 11 past year. And also give you some update on some ongoing 12 within K.E.D.C. We just had our new officer elections. Tom 13 Houdeshell was elected K.E.D.C. President; Charlie McIlvain, 14 our new Vice President; and Dr. Dan Troxel as our 15 Secretary/Treasurer. We also had Ward, who previously spoke 16 with you; he recently joined our board as the Chamber 17 representative. To quickly run through some prospect 18 updates, we're continuing to work with James Avery on an 19 Enterprise Zone designation project so they would get 20 potential reimbursement of state sales taxes. We're helping 21 them in an administrative capacity to complete that 22 application. Continuing to work with Mooney on the potential 23 development of a new production line. We're working with 24 Vention Medical across from the Kroc Center on some 25 cost-saving measures that will make them be more efficient 10-26-15 27 1 with KPUB. We have a new oil and gas prospect that we don't 2 have any jobs or investment figures yet. We're working with 3 the airport and the Airport Board on an avionics firm that's 4 looking to potentially relocate from Hondo, and we have a new 5 hotel prospect that we are working with that's putting 6 together some figures and evaluating a potential project here 7 in Kerrville. 8 From -- and most recently, I have two brand new 9 prospects; a manufacturing prospect that's looking at acreage 10 for creation of up to 40 new primary jobs, and they're a 11 national firm with a national market. And we also began 12 working on Friday with a new project that's looking for an 13 expansion of an existing company. To use other business 14 notes, our visits to our website are up significantly from 15 this time last year, and this represents more interest in 16 projects and investments in Kerrville and Kerr County. 17 Unemployment remains low; we're under 4 percent. 18 Year-to-date sales tax allocations are up about 5 percent 19 from this time last year. Home sales are up 21 percent, and 20 the average price for homes sold are up almost 10 percent. 21 Just this -- two weeks ago, we were in Dallas receiving a 22 statewide award for our efforts and those of our 23 stakeholders, and your representative on our board, Tom 24 Moser, joined us in Dallas for that presentation, and we 25 really appreciate his time and support with that. And we 10-26-15 28 1 will be updating our strategic plan beginning in January, and 2 to make sure that we are a dynamic and viable organization 3 that is serving the needs of our stakeholders, and your 4 representative on our board will definitely be a part of 5 those activities. With that, any questions? 6 COMMISSIONER MOSER: Just one correction. "Remain" 7 a dynamic. 8 MR. TITAS: Yes. 9 COMMISSIONER MOSER: Not "become." Very good. 10 JUDGE POLLARD: All right. I don't think any 11 action is required on that. 12 COMMISSIONER MOSER: No, sir. 13 JUDGE POLLARD: So we'll go to -- thank you, -- 14 MR. TITAS: Thank you, Judge. 15 JUDGE POLLARD: -- Jonas. Appreciate it very much. 16 We'll go to Item 1.8; consider, discuss, and take appropriate 17 action to appoint county representative to serve on the 18 Kerrville Economic Development Corporation Board. 19 COMMISSIONER MOSER: Jonas is out there. 20 MR. TITAS: Oh, yes. We -- Commissioner Moser 21 presently serves on our board. He -- after the unfortunate 22 passing of Judge Pollard -- 23 (Laughter.) 24 COMMISSIONER LETZ: Sorry, Judge. 25 MR. TITAS: I apologize. Judge Tinley. Tom -- Tom 10-26-15 29 1 stepped up and served on our board, and we appreciate his 2 time and his commitment and efforts supporting the economic 3 development of Kerrville and Kerr County. You are -- it's up 4 to you to appoint whomever you would like to serve in that 5 capacity. Tom is definitely eligible to continue to serve on 6 our board. 7 COMMISSIONER MOSER: Just a comment. I'd be 8 honored to continue to serve. I think it's a great 9 organization, and that there's an awful lot of economic 10 development happening in east Kerr County. So, I'd be -- 11 MR. TITAS: There is. 12 COMMISSIONER MOSER: -- happy to serve in that 13 capacity. 14 COMMISSIONER LETZ: I'll make a motion to reappoint 15 Tom Moser. 16 COMMISSIONER BALDWIN: Second. 17 JUDGE POLLARD: It's been moved and seconded that 18 Mr. Moser be reappointed to that -- to that board. Is there 19 any further discussion? 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. All right. 23 Let's go to 1.9; consider, discuss, and take appropriate 24 action to approve contract with Kerr Economic Development 25 Corporation and allow County Judge to sign same. You're up 10-26-15 30 1 again. 2 MR. TITAS: Yes, sir. Well, we made a presentation 3 in June at the budget workshop, and at that meeting, our 4 budget request for this upcoming year was approved. We have 5 been having back-and-forth with the County Attorney and Jody 6 with regard to the language of our contract, and I think we 7 are -- we're ready to sign it. 8 COMMISSIONER REEVES: Have you reviewed it? 9 MS. STEBBINS: Yes, sir, I have. 10 COMMISSIONER REEVES: Move for approval. 11 COMMISSIONER MOSER: Second. 12 COMMISSIONER REEVES: And allow the Judge to sign. 13 COMMISSIONER MOSER: Second. 14 JUDGE POLLARD: Been moved and seconded for 15 approval of the contract with Kerr Economic Development 16 Corporation, and to allow the County Judge to sign same. Any 17 further discussion? 18 COMMISSIONER LETZ: And what's the funding amount? 19 MR. TITAS: It's 20,000 and -- $20,865.38. And 20 this is down from what we term our baseline funding level of 21 25,000, as we are underfunding the organization to eat away 22 at our remaining fund balance that we had in the gap between 23 the previous Executive Director leaving for a new position 24 and me joining K.E.D.C., as well as we also have decreased 25 our budget by about $80,000 over the last three years. 10-26-15 31 1 COMMISSIONER MOSER: So, it's a reduction from the 2 previous year. 3 COMMISSIONER LETZ: Okay. 4 JUDGE POLLARD: But it's temporary until you get -- 5 MR. TITAS: Yes. Yes, we anticipate coming back 6 at 25. 7 JUDGE POLLARD: Okay. All right. Any further 8 discussion? If not, those in favor of the motion, signify by 9 raising your right hand. 10 (The motion carried by unanimous vote, 4-0.) 11 JUDGE POLLARD: It's 4-0, unanimous. 1.10; 12 consider -- 13 MR. TITAS: Thank you for your support. 14 JUDGE POLLARD: Thank you. 15 COMMISSIONER MOSER: Thank you, Jonas. 16 JUDGE POLLARD: Consider, discuss, and take 17 appropriate action to allow concert events at Flat Rock Lake 18 Park. Elias Gomez? Is Mr. Gomez here? 19 MR. BOLLIER: No, sir. 20 COMMISSIONER MOSER: You're on a roll, Titas; you 21 might as well get up. (Laughter.) 22 JUDGE POLLARD: All right we'll pass that, then. 23 Item 1.11; consider, discuss, and take appropriate action to 24 fill one vacant budgeted position in the Maintenance 25 Department. Mr. Bollier? 10-26-15 32 1 MR. BOLLIER: Yes, sir. I have a -- I have a 2 position that is open. I was hoping not to have to do this, 3 but in the past several months, the work program is not -- 4 it's not -- we no longer have a work program. The officer 5 that ran it is no longer -- has retired. Community service 6 is almost nonexistent. I'm having problems keeping up with 7 just the little things I have to keep up with right now. So, 8 I'm just asking the Court to let me hire that position. 9 COMMISSIONER BALDWIN: I think that we had 10 previously talked that we let him -- let Tim rock along and 11 watch this thing, and then just make a decision later on 12 whether he should fill it or not, and he has done that. And 13 now he's coming back to us saying that he feels like he's 14 required -- or feels like it needs to be filled, and I agree 15 with him. So, I move that we approve it. 16 COMMISSIONER LETZ: Second. 17 JUDGE POLLARD: Been moved and seconded for 18 approval of Item 1.11; that is to authorize Mr. Bollier to 19 fill the vacant, budgeted position in the Maintenance 20 Department set forth in Item 1.11. Is there any further 21 discussion? There being none, those in favor, signify by 22 raising your right hand. 23 (The motion carried by unanimous vote, 4-0.) 24 JUDGE POLLARD: It's 4-0, unanimous. 25 MR. BOLLIER: Thank you. 10-26-15 33 1 JUDGE POLLARD: Thank you, Tim. Have to skip that 2 one till 10:00. We'll go to -- 1.14? 3 COMMISSIONER REEVES: 13. 4 JUDGE POLLARD: 13? All right. Consider, discuss, 5 and take appropriate action on implementation of the burn 6 ban. Okay, if you look at the -- look at it, it extends the 7 burn ban for a period of -- the order extends it for a period 8 of 90 days. Of course, we've just had some really good rains 9 right now, but that order permits each one of the precinct 10 commissioners to lift the burn ban in their particular 11 precinct, and I think that's very appropriate right now, and 12 would recommend we go ahead and get the order signed and 13 allow each commissioner to make his decision as to each 14 precinct. 15 COMMISSIONER MOSER: So moved. 16 COMMISSIONER LETZ: Second. 17 JUDGE POLLARD: Been moved and seconded for 18 approval of Item 1.13, implementation of the burn ban. Any 19 further discussion? 20 COMMISSIONER REEVES: This is just to -- in order 21 for us not so much to put the burn ban back on right now, but 22 when conditions do dry up, we have the authority to do it. 23 JUDGE POLLARD: Yes, sir. 24 COMMISSIONER REEVES: And so I don't want anybody 25 to think they can't be burning today, safely. 10-26-15 34 1 JUDGE POLLARD: Yeah. All right. Any further 2 discussion? If not, those in favor, signify by raising your 3 right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0, unanimous. 6 COMMISSIONER LETZ: Just to follow up, the burn ban 7 is currently suspended all precincts. 8 COMMISSIONER MOSER: Yeah. 9 JUDGE POLLARD: It's suspended in all precincts 10 until further notice. 11 COMMISSIONER MOSER: I have a question on the burn 12 ban. Right now we allow using barbecue pits and things like 13 that, propane and/or other fuel sources for that, but you do 14 not allow for burning trash in barrels that have a protective 15 screen on it. I'm not proposing we change that now, but I 16 know I get a lot of calls, and probably other commissioners 17 do, about wanting to be able to do that. So, it's something 18 we probably need to think about, talk to volunteer fire 19 chiefs and see what they think about it. 20 COMMISSIONER REEVES: I'm going to leave it to 21 1 and 3. I think there was a lot of that discussion prior to 22 implementing the system we have now. 23 COMMISSIONER MOSER: Okay. 24 COMMISSIONER REEVES: I'm sure there's a good 25 reason. I have a reason why you shouldn't burn trash, but -- 10-26-15 35 1 COMMISSIONER MOSER: Okay. 2 COMMISSIONER LETZ: I think there's been several 3 fires started because of burn barrels. Burn barrels are 4 probably one of the -- I mean, next to brush piles, burn 5 barrels are probably number two. 6 COMMISSIONER MOSER: Yeah, okay. 7 COMMISSIONER LETZ: And it's -- you know -- 8 COMMISSIONER MOSER: So that's been looked at in 9 the past. Okay, good enough. 10 COMMISSIONER BALDWIN: There's actually -- and 11 we've made a run at this before. There's, like, two state -- 12 at least two state agencies that have a difference -- the 13 rules are set different, and both of them are state law. 14 COMMISSIONER MOSER: Mm-hmm. 15 COMMISSIONER BALDWIN: And so, you know, I have 16 people call me all the time, you know, just saying that 17 there's nothing wrong with -- we used to allow people to burn 18 in barrels with a screen over the top. And I just tell them, 19 "Not in my precinct, you don't." So, you know, it's that 20 simple to me. 21 COMMISSIONER MOSER: Well, it's something that's 22 been considered. Yeah, okay, good enough. 23 COMMISSIONER REEVES: I've heard the same thing. 24 Burning trash may be a bigger problem than burning brush 25 piles, 'cause it's not watched as much as somebody that's 10-26-15 36 1 burning a brush pile. 2 JUDGE POLLARD: I also have personal experience. I 3 live next door to a man that burns his trash in a barrel with 4 a screen on the top when he's permitted to do so, and 5 observing -- I see sparks getting through those -- through 6 there. Being next door to it, it gives me some pause, I 7 don't mind telling you. 8 COMMISSIONER MOSER: Let that sleeping dog lie. 9 JUDGE POLLARD: All right. That completes that 10 discussion, I think. 11 COMMISSIONER LETZ: Did we vote? Yeah, we did 12 vote. 13 JUDGE POLLARD: All right. 1.14; consider, 14 discuss, and take appropriate action to approve contracts 15 with CASA, Families & Literacy, Inc., Dietert Center, K'Star, 16 Elm Pass Volunteer Fire Department, Tierra Linda Volunteer 17 Fire Department, and Comfort Volunteer Fire Department, and 18 allow the County Judge to sign same. All of these are 19 contracts that are in the agenda package that are annual 20 contracts being renewed, and -- 21 COMMISSIONER LETZ: Move approval, Judge. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE POLLARD: Have they been looked at by the 24 County Attorney? 25 MS. STEBBINS: Yes, sir, I have reviewed all of 10-26-15 37 1 them. 2 COMMISSIONER LETZ: And authorize you to sign. 3 JUDGE POLLARD: All right. 4 COMMISSIONER BALDWIN: Second. 5 JUDGE POLLARD: It's been moved and seconded that 6 we sign all of those contracts listed in Item 1.14, and 7 authorize the County Judge to sign same. Is there any 8 further discussion? There being none, those in favor, 9 signify by raising your right hand. 10 (The motion carried by unanimous vote, 4-0.) 11 JUDGE POLLARD: It's 4-0, unanimous. Didn't we 12 have one at 9:30 that we skipped? 13 COMMISSIONER MOSER: I don't think so. 14 MS. STEBBINS: No, it was 10:00. 15 COMMISSIONER LETZ: 10 clock. 16 JUDGE POLLARD: We did it, okay. 1.15; consider, 17 discuss, and take appropriate action to accept donation of 18 four balers from the City of Kerrville and allow the County 19 Judge to sign Donation of Baler, Disclaimer, and Release of 20 Liability for same. Commissioner Reeves. 21 COMMISSIONER REEVES: Judge, while I think this can 22 be a very beneficial part of the recycling, I have not had 23 time to look at all of the documents that came in. I'd like 24 to pass on it till the next meeting. 25 JUDGE POLLARD: Okay. Any objection? 10-26-15 38 1 COMMISSIONER BALDWIN: None whatsoever. 2 JUDGE POLLARD: All right, we'll pass that item 3 till the next meeting. Put it on the next agenda as well? 4 COMMISSIONER REEVES: That is correct. 5 COMMISSIONER BALDWIN: Let me ask one question 6 about that, though. If you prefer, I will wait. 7 JUDGE POLLARD: Go ahead. 8 COMMISSIONER BALDWIN: Is this -- are these 9 balers -- did the funding come from -- originally come from 10 AACOG? 11 COMMISSIONER REEVES: That is correct. 12 COMMISSIONER BALDWIN: Thank you. 13 JUDGE POLLARD: All right. Item 1.16; consider, 14 discuss, and take appropriate action to award construction 15 contract for Kerrville South Wastewater Project, Phase 6. 16 Commissioner Moser, Precinct 2; Commissioner Baldwin, 17 Precinct 1. 18 COMMISSIONER MOSER: Pass that around. Thank you, 19 Judge. We received proposals; they were opened in court -- 20 in this courtroom last Friday at 3:15, per the advertisement 21 in the paper. And we received the -- received four 22 proposals, from Lupe Rubio Construction for $367,762.60; from 23 Nelson Lewis, Incorporated, for $322,769; Pro Mex -- Qro Mex, 24 I should say, $562,838; Rockin Q Construction for $329,880. 25 And this is for construction of the final phase of Kerrville 10-26-15 39 1 South wastewater system. This is to perform construction. 2 The proposals were reviewed by the project engineer at Tetra 3 Tech, and also by Charlie Hastings, the County Engineer, and 4 the recommendation is to award the contract to Nelson Lewis, 5 Incorporated, contingent on approval of the proper bonding 6 and approval by the County Attorney, and authorize Judge to 7 sign. So, the recommendation is for Nelson Lewis, 8 Incorporated, for a fee of $322,769, and that's a firm, fixed 9 price. 10 JUDGE POLLARD: Which is the low bid. 11 COMMISSIONER MOSER: Which is the low bid, correct. 12 COMMISSIONER BALDWIN: I move for approval. 13 COMMISSIONER MOSER: Second. 14 JUDGE POLLARD: Been moved and seconded for 15 approval of awarding the contract to Nelson Lewis, Inc., at 16 -- for their bid of $322,769. And this was for the -- 17 COMMISSIONER MOSER: Phase 6. 18 JUDGE POLLARD: -- Phase 6 construction contract, 19 and this is subject to bonding, and what else was it? 20 COMMISSIONER MOSER: And approval by County 21 Attorney. 22 JUDGE POLLARD: And approval by the County 23 attorney, all right. Is there any further discussion? 24 COMMISSIONER LETZ: Has this firm done any work out 25 there so far? 10-26-15 40 1 COMMISSIONER MOSER: Pardon me? 2 COMMISSIONER LETZ: Has this firm done any of the 3 work? Rubio did the majority of it up till now, I believe. 4 COMMISSIONER MOSER: No, I have no -- 5 MR. HASTINGS: Nelson Lewis has not. 6 COMMISSIONER LETZ: And the prior -- well, it 7 doesn't make any difference. Rubio did the prior -- some of 8 the prior work, I believe. 9 MR. HASTINGS: That's correct. Phase 4, I think. 10 COMMISSIONER LETZ: Phase 4. 11 COMMISSIONER MOSER: Yeah, but the one for Phase 5 12 did not propose on this one. So -- 13 COMMISSIONER LETZ: Okay. 14 JUDGE POLLARD: Any further discussion? If not, 15 those in favor of the motion, signify by raising your right 16 hand. 17 (The motion carried by unanimous vote, 4-0.) 18 JUDGE POLLARD: It's 4-0, unanimous. 19 COMMISSIONER MOSER: Thank you, Charlie. 20 JUDGE POLLARD: All right. Let's get to paying the 21 bills. Any comments or questions about any of the bills? 22 COMMISSIONER BALDWIN: Judge, I move that we pay 23 our bills. 24 COMMISSIONER REEVES: Second. 25 JUDGE POLLARD: It's been moved and seconded that 10-26-15 41 1 we pay the bills as submitted. Is there any further 2 discussion or comment? There being none, those in favor, 3 signify by raising your right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0, unanimous. Gee, that was 6 tough, wasn't it? 7 COMMISSIONER BALDWIN: That was a tough one. Well, 8 your Auditor, hard as she works, we should just go ahead and 9 approve everything without question. 10 JUDGE POLLARD: She was ready to answer. She had 11 all the answers. 12 COMMISSIONER BALDWIN: I know it. 13 JUDGE POLLARD: All right, budget amendments. And 14 I see we have a number. 15 COMMISSIONER BALDWIN: That we just received. 16 MS. DOSS: These are some that were -- 17 COMMISSIONER LETZ: Last year, correct? 18 MS. DOSS: Right. 19 COMMISSIONER LETZ: Last budget year. Move 20 approval. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE POLLARD: Been moved and seconded for 23 approval of the budget amendments for the year '15 -- '14 and 24 '15. Any further discussion? There being none, those in 25 favor, signify by raising your right hand. 10-26-15 42 1 (The motion carried by unanimous vote, 4-0.) 2 JUDGE POLLARD: It's 4-0, unanimous. All right, 3 let's go to the late bills. 4 MS. DOSS: There are none. 5 JUDGE POLLARD: Pardon? 6 MS. DOSS: No late bills. 7 JUDGE POLLARD: All right. I guess we'll pass 8 that, then. All right. Approve and accept monthly reports. 9 COMMISSIONER REEVES: Yes, sir. I have a monthly 10 report from J.P., Precinct 4, for the month of 11 September 2015, and the Kerr County Treasurer's 12 Fourth-Quarter Investment Report. Move to approve as 13 presented, and sign where needed. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE POLLARD: Been moved and seconded that the 16 reports as submitted be accepted and approved. Is there any 17 further discussion? There being none, those in favor, 18 signify by raising your right hand. 19 (The motion carried by unanimous vote, 4-0.) 20 JUDGE POLLARD: It's 4-0, unanimous. Did I skip 21 paying the bills for the fiscal year '16 year? We have -- 22 COMMISSIONER LETZ: Did them all at once, I think. 23 JUDGE POLLARD: I did it all at once? 24 COMMISSIONER BALDWIN: I voted for it all at once. 25 JUDGE POLLARD: Okay, if that was the intent. All 10-26-15 43 1 right. Reports from Commissioners or liaison/committees. 2 We'll start with Commissioner 1. 3 COMMISSIONER BALDWIN: No, sir, thank you. 4 COMMISSIONER MOSER: Nothing from 2. 5 JUDGE POLLARD: I have none. 6 COMMISSIONER LETZ: I'll just remind the Court that 7 we have a joint meeting with U.G.R.A. Wednesday. I think 8 it's at 3:30? 3:30. They're going to do a presentation of 9 the analysis of our M.O.U. with Guadalupe-Blanco River 10 Authority and water availability, and some discussion on 11 moving forward jointly with U.G.R.A., just to get everybody 12 up to speed and on the same page. And I believe that's all. 13 Well, there's a Region J meeting on -- Thursday? Thursday 14 morning at 10:00. So, you know, if y'all -- 15 JUDGE POLLARD: Lots of water meetings. 16 COMMISSIONER LETZ: Lots of water meetings. That 17 will be over at U.G.R.A. at 10 o'clock, at probably the 18 election hall, I would imagine, or classroom, one of the two. 19 COMMISSIONER BALDWIN: Man, I can't wait. 20 COMMISSIONER LETZ: Pretty exciting stuff. That's 21 all. 22 COMMISSIONER MOSER: Thank you for organizing that, 23 Commissioner Letz. 24 JUDGE POLLARD: We really do appreciate his work on 25 all the water projects. Mr. Reeves, do you have anything? 10-26-15 44 1 COMMISSIONER REEVES: None right now. 2 JUDGE POLLARD: All right. Reports from elected 3 officials and department heads? Any of them? 4 SHERIFF HIERHOLZER: Just one update on the radio 5 system. Barring any issues, we should be cutting over to the 6 new system on Wednesday. We are in the final stages of 7 reprogramming all the car radios and portables for all 8 agencies. The preliminary tests, they do that for a full 9 week with two vehicles driving all over the county, and that 10 showed that the percentage estimates are way above what was 11 even guaranteed. The system is doing a lot better. Then 12 starting Wednesday, we'll have a 30-day burn-in, which there 13 will then be voice testing and all that kind of stuff before 14 we finally sign off on the new system, but it should be in 15 excellent shape by that time. 16 COMMISSIONER MOSER: So, the actuals were greater 17 than predicted? Is that what you said? 18 MS. DOSS: The actuals were way greater. 19 COMMISSIONER MOSER: Fantastic. 20 MS. DOSS: Greater than what they had guaranteed. 21 One was right at 100 percent for the in-building coverage in 22 town, and the other one -- and this is all with portable 23 radios, not even the car radios. That test will start once 24 the burn-in starts. But the other -- outside of the city and 25 that was, like, at 97 percent. 10-26-15 45 1 COMMISSIONER MOSER: Great. 2 COMMISSIONER LETZ: Good. 3 SHERIFF HIERHOLZER: So, it's come in a whole lot 4 better. 5 JUDGE POLLARD: On that subject, Sheriff, did your 6 office investigate the accident where someone backed into the 7 show barn over the weekend? 8 SHERIFF HIERHOLZER: I wasn't advised of it. It's 9 possible, yes, that we -- 10 MR. BOLLIER: Eli did. Eli did. 11 JUDGE POLLARD: Okay. 12 SHERIFF HIERHOLZER: But, you know, we'll see. We 13 also did already, believe it or not -- and I don't know if it 14 affected the City, but unfortunately, copper thieves are 15 copper thieves, and within the last week, some of our 16 brand-new grounding rods to a couple of the radio towers were 17 already stolen off of it. But thanks to Kerrville P.D. and 18 the technician that actually worked that tower driving up 19 during the theft, that person got to spend a few days in my 20 hotel. So, he is out on bond right now, and we got our 21 equipment back and being reinstalled, so it didn't cost us. 22 But it's moving forward. 23 COMMISSIONER BALDWIN: Rusty, remember when -- you 24 was talking about that 98 percent or 97 percent, whatever it 25 was. Remember when we first started talking about this 107 10-26-15 46 1 years ago, that -- what comes to my mind is that area out 2 there by, like, Camp Mystic -- 3 SHERIFF HIERHOLZER: Right. 4 COMMISSIONER BALDWIN: -- that are bluffs on both 5 sides, and we couldn't -- I mean it was like zero. 6 SHERIFF HIERHOLZER: All that area cleared perfect 7 with the equipment -- 8 COMMISSIONER BALDWIN: That's incredible. 9 SHERIFF HIERHOLZER: -- at this time. 10 COMMISSIONER BALDWIN: That is incredible. 11 SHERIFF HIERHOLZER: Even -- there was one area 12 that's actually at -- you might say Pipe Creek, because if 13 you go through Bandera and to Pipe Creek and turn back, 14 there's a little, bitty corner back in there that is Kerr 15 County. I think there's one house in it. 16 COMMISSIONER LETZ: Probably where I live. 17 SHERIFF HIERHOLZER: Yeah, out in that area. But 18 that was the area that was predicted not to have very good 19 coverage at all because of the area, and it came back with 20 excellent coverage. 21 COMMISSIONER BALDWIN: Finally getting a good 22 system. 23 COMMISSIONER LETZ: I've got protection. About 24 time. 25 SHERIFF HIERHOLZER: Well, it depends. But, no, 10-26-15 47 1 we're -- everybody's very pleased at this point. Now, we'll 2 have another 30 days of the burn-in before we actually sign 3 off on the system, and to make sure that that -- that 4 voice-wise, it is all exactly where it is. But right now, 5 mechanical-wise, the way they do the testing, they actually 6 divided the county up into quarter-mile grids. Every quarter 7 mile was a new grid. 8 COMMISSIONER MOSER: Wow. 9 SHERIFF HIERHOLZER: And they put that equipment in 10 two of our vehicles, and for a solid week, you had two 11 officers, our consultants with Trott Communications and 12 Motorola's representatives in two vehicles driving to as many 13 of those quarter-mile grids as they could go through. And 14 the machine would actually test the -- the equipment at that 15 time. 16 JUDGE POLLARD: That's fantastic. 17 SHERIFF HIERHOLZER: So, it's really come out real 18 well so far. We'll see where it goes. 19 COMMISSIONER MOSER: Good job. 20 COMMISSIONER BALDWIN: Can I tell one more story? 21 I remember when we first started -- not first started this, 22 but really doing the improvements big-time. You had a deputy 23 that actually got into a fight with a guy on the side of the 24 road right by Mooney Aircraft. 25 SHERIFF HIERHOLZER: Right. 10-26-15 48 1 COMMISSIONER BALDWIN: And the deputy was hollering 2 for help, and nobody could hear him. 3 SHERIFF HIERHOLZER: Yep. When I first took 4 office, we had a whole different system, remember? It was 5 just one tower, and that was pretty much it. Then in 2000, 6 we went to the system we're replacing now. We went to it due 7 to that, one of those main issues. But unfortunately, over 8 the last 15 years, you know, just degradation of that 9 equipment -- it was not digital; it was analog. And then 10 there were a lot of things when the F.C.C. required us to go 11 with what's called narrow banding, and narrow banding the 12 frequency down, we lost a major part of our coverage in 13 having to do that. And then there was something else that 14 happened about six or seven years ago when they upgraded the 15 atomic clock in Colorado; it had a lot to do with our syncing 16 of our system, and that was also one of the things that 17 downplayed our system. It was just old and antiquated after 18 about 15 years, so now it's all been replaced. 19 COMMISSIONER LETZ: Sheriff, there's probably still 20 another four minutes till our next agenda item. 21 SHERIFF HIERHOLZER: Right. 22 COMMISSIONER LETZ: And that system now, it's 23 completely compatible with the City of Kerrville's? 24 SHERIFF HIERHOLZER: Yes. Everybody in law 25 enforcement in this county has had to go through a radio 10-26-15 49 1 reprogramming; us, city. Just like we did when the city 2 changed theirs, they're having to when we changed ours, okay. 3 And that is a big expense for every agency, whether it be 4 City of Kerrville or Ingram or -- or us. And so that's just 5 on the car radios themselves. And then they did find one 6 issue with this system that Motorola had to fix our part of 7 it, but we have what's called Priority Scan, which means you 8 scan all the different frequencies and channels all the time 9 so that the officers hear anything going on, but if something 10 happens on our main frequency, it automatically goes back to 11 it. Well, it wasn't doing that, okay? And it wasn't doing 12 -- doing that for the other agencies in our preliminary test. 13 What happened is, in 2012, Motorola did what's 14 called a firmware upgrade in their car radios. And it never 15 affected anybody around here, so nobody had to pay for that 16 firmware, which is about $75 a radio, okay, to have to 17 upgrade all those. And -- but in the new system, it did 18 affect it, and so we -- Clay worked on that with Motorola the 19 last several weeks, and Motorola finally decided, yeah, they 20 needed to see what they could do to fix that, because it was 21 affecting all of our radios county-wide. So, they paid for 22 500 firmware upgrades, Motorola did, for our radios, P.D. 23 radios and -- and Ingram radios and D.P.S. and Parks and 24 Wildlife, everybody in this county. But then each agency had 25 to actually absorb that the cost of having that firmware 10-26-15 50 1 installed, you know, from Advantage. But -- 2 JUDGE POLLARD: What did that cost them, Sheriff? 3 SHERIFF HIERHOLZER: But they paid for the cost of 4 the equipment to get it done. 5 JUDGE POLLARD: What did it cost them? 6 SHERIFF HIERHOLZER: Huh? 7 JUDGE POLLARD: What did it cost them? 8 SHERIFF HIERHOLZER: To reprogram the radios is 9 about $30 a radio. 10 JUDGE POLLARD: 500 radios? 11 SHERIFF HIERHOLZER: Every portable, every car 12 radio, everything else has to be reprogrammed. A lot of it 13 was having to be reprogrammed because we're going digital 14 too, but this was an added reprogramming. And, thank 15 goodness, you know, the one of the D.A.'s offices, out of 16 some of their seizure funds, did assist in doing some of that 17 for some of the agencies, and Motorola assisted in doing that 18 for some of the others. 19 JUDGE POLLARD: Does it look like it's 10 o'clock? 20 SHERIFF HIERHOLZER: I think we're close enough. 21 You're about 30 seconds till. 22 JUDGE POLLARD: All right. Let's go to Item 1.12; 23 consider, discuss, and take appropriate action to open 24 request for proposals for inmate commissary services, and 25 refer to the Kerr County Sheriff for review and evaluation. 10-26-15 51 1 Sheriff Hierholzer. 2 SHERIFF HIERHOLZER: I believe you only had one bid 3 come in, if I'm not mistaken. 4 COMMISSIONER LETZ: Correct. 5 SHERIFF HIERHOLZER: Which is probably our current 6 provider. This is one of them -- them issues that we haven't 7 had any issues with the commissary provider for the inmates 8 at the jail, but in the Local Government Code, there is a 9 provision that every five years it has to be rebid, okay? 10 So -- no matter what the deal. So, it was rebid. But we had 11 a call from a couple other providers, but the one that we 12 currently have is evidently the only one that submitted a 13 bid. I don't have a problem with that. We'll still look at 14 it, and then I'll bring it back and recommend whether we go 15 with it or review it. 16 COMMISSIONER REEVES: For the record, who is the 17 firm? 18 SHERIFF HIERHOLZER: Commissary Express. 19 JUDGE POLLARD: Commissary Express. 20 COMMISSIONER REEVES: Move we accept it and refer 21 it to the Sheriff for review and recommendation. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE POLLARD: Been moved and seconded that we 24 refer this -- the only bid we received, which was from 25 Commissary Express, to the Sheriff for review, and he'll come 10-26-15 52 1 back to us with a recommendation. 2 SHERIFF HIERHOLZER: And I'll just -- we can just 3 do that at the next Commissioners Court agenda. To wait I 4 think will be fine. 5 JUDGE POLLARD: Is there any further discussion? 6 There being none, those in favor of the motion, signify by 7 raising your right hand. 8 (The motion carried by unanimous vote, 4-0.) 9 SHERIFF HIERHOLZER: Thank you, gentlemen. 10 JUDGE POLLARD: It's 4-0, unanimous. All right. 11 Is there anything else? Let's see, reports -- City/County 12 joint projects or operations reports? Any other reports of 13 any kind? 14 COMMISSIONER BALDWIN: I saw Johnny Manziel on TV 15 yesterday. 16 JUDGE POLLARD: For about what, two minutes? 17 COMMISSIONER BALDWIN: Less than that. (Laughter.) 18 JUDGE POLLARD: Okay. All right. There's -- oh. 19 MS. SOLDAN: I just wanted to remind the Court, 20 we're doing our employee appreciation luncheon this Friday 21 with our Healthy County money, that money that we get for the 22 employees doing their Healthy County stuff. And it's catered 23 by Acapulco's. It will be down in the basement in the 24 Maintenance area from 11:30 to 1:30. 25 MR. BOLLIER: Weather permitting, we'll have it 10-26-15 53 1 right out the back door. 2 JUDGE POLLARD: Anybody else? 3 MR. BOLLIER: Don't forget that this weekend is 4 Halloween, so be careful and watch the kids. 5 JUDGE POLLARD: All right. Anything else? All 6 right, we're adjourned. 7 (Commissioners Court adjourned at 10:04 a.m.) 8 - - - - - - - - - - 9 10 STATE OF TEXAS | 11 COUNTY OF KERR | 12 The above and foregoing is a true and complete 13 transcription of my stenotype notes taken in my capacity as 14 official reporter for the Commissioners Court of Kerr County, 15 Texas, at the time and place heretofore set forth. 16 DATED at Kerrville, Texas, this 28th day of October, 17 2015. 18 19 REBECCA BOLIN, Kerr County Clerk 20 BY: _________________________________ Kathy Banik, Deputy County Clerk 21 Certified Shorthand Reporter 22 23 24 25 10-26-15