1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, December 28, 2015 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 23 JONATHAN LETZ, Commissioner Pct. 3 BOB REEVES, Commissioner Pct. 4 24 ABSENT: TOM POLLARD, Kerr County Judge 25 TOM MOSER, Commissioner Pct. 2 2 1 I N D E X December 28, 2015 2 PAGE --- Commissioners' Comments 4 3 1.1 Public Hearing for petition to vacate, abandon, & 4 discontinue a portion of Fall Branch Road, Pct. 4 9 5 1.2 Consider/discuss, take appropriate action on petition to vacate, abandon, and discontinue a 6 portion of Fall Branch Road and accept easement for construction of roadway vehicle turnaround 10 7 1.3 Consider/discuss, take appropriate action on 8 complaint regarding shooting in the county -- 9 1.4 Consider/discuss, take appropriate action to set public hearing date for Kerr County Community 10 Development Block Grant 7214025, Precincts 1 & 2, regarding amendment to the contract 13 11 1.5 Public hearing regarding revision of plat for 12 Lot 161 of Spicer Ranch No. Three, Precinct 1 15 13 1.9 Consider/discuss, take appropriate action to reduce supplemental pay to Jody Grinstead for 14 booking events at Hill Country Youth Event Center and Union Church Building 16 15 1.10 Consider/discuss, take appropriate action to 16 approve Uniform Truancy Policy 18 17 1.11 Consider/discuss, take appropriate action regarding South Texas Blood and Tissue doing a 18 blood drive February 3, 2016, in county courthouse parking lot from 11 a.m. to 5:30 p.m. 20 19 1.12 Consider/discuss, take appropriate action to 20 approve contract documents for Texas Community Development Block Grant 2015 Colonia Fund, 21 Construction Contract Number 7215045; allow County Judge to sign same 20 22 1.13 Consider/discuss, take appropriate action to 23 extend agreement for another year with Air Methods (previously AirLife) 21 24 1.6 Public Hearing regarding revision of plat for 25 Lots 55, 56, and Part of 57, and cancellation of part of Lot 57 of Bear Creek Ranch, Precinct 1 23 3 1 I N D E X (Continued) December 28, 2015 2 PAGE 4.4 Approve and Accept Monthly Reports 24 3 4.3 Late Bills -- 4.2 Budget Amendments 25 4 4.1 Pay Bills 25, 33 5 1.7 Consider/discuss, take appropriate action for final approval regarding revision of plat for 6 Lots 55, 56, and Part of 57, and cancellation of part of Lot 57 of Bear Creek Ranch, Precinct 1 26 7 1.8 Consider/discuss, take appropriate action to award 8 annual bids for road base, cold mix, aggregate, emulsion oil, and corrugated metal pipe 27 9 --- Adjourned 37 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 On Monday, December 28, 2015, at 9:00 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 COMMISSIONER BALDWIN: Good morning, ladies and 8 gentlemen. This is December 28th, 2015, 9 a.m. We're in the 9 Commissioners' Courtroom in the Kerr County Courthouse, and 10 the Commissioners Court is now in session. And for some of 11 you that's never been here, if there is such animal, this 12 Court always opens its session with prayer and the pledge of 13 allegiance, so this -- this time it's Commissioner Letz' 14 turn. 15 COMMISSIONER LETZ: Please bow your heads. 16 (Prayer and pledge of allegiance.) 17 COMMISSIONER BALDWIN: Thank you. You may be 18 seated. This part of our meeting is the visitors' input. If 19 there's anyone in the audience that would like to come 20 forward and tell the Commissioners Court about something that 21 is not an agenda item, but anything that's on your mind, 22 you're welcome to come forward at this time to tell the 23 Commissioners Court. Seeing none coming, we'll go into the 24 Commissioners' comments. Commissioner Letz? 25 COMMISSIONER LETZ: I don't think I have anything, 12-28-15 5 1 other than it's been a great holiday season so far. 2 COMMISSIONER BALDWIN: Another miracle. 3 COMMISSIONER LETZ: Hope everyone has a safe New 4 Years, and -- 5 COMMISSIONER BALDWIN: Did you get any snow last 6 night? 7 COMMISSIONER LETZ: I think there was a couple of 8 flakes that I saw, two or three on my window on the truck. 9 COMMISSIONER BALDWIN: Yeah. 10 COMMISSIONER LETZ: But not much more. 11 COMMISSIONER BALDWIN: About the same here. 12 COMMISSIONER LETZ: That's all I have. 13 JUDGE POLLARD: Number 4? 14 COMMISSIONER REEVES: We did have a little snow. 15 It didn't decide to stay on the ground, but did get cold out 16 to the north and west of us. And I'd just like to make one 17 comment, that I hope everybody's thoughts and prayers are 18 with the people around Dallas after the tornadoes that went 19 through, I think only in Texas. And I saw a map that at one 20 time, we had tornado warnings and flood warnings in the 21 northeast, and whiteout blizzard conditions in the panhandle, 22 so you can go to a lot of extremes. But I think our thoughts 23 need to be with the people up there. It was pretty 24 devastating. 25 COMMISSIONER BALDWIN: I agree. 12-28-15 6 1 COMMISSIONER REEVES: Thank you. 2 COMMISSIONER BALDWIN: Thank you, sir, very much. 3 I have one comment to make, and that's -- I just wanted to 4 remind -- actually, two comments. I want to remind everyone 5 that it is now officially campaign season, so as you're 6 driving around, watch for those wily little campaigners that 7 are crossing the road, and be careful around them. The -- as 8 well as in a couple of days, whenever January the 1st is -- I 9 think it's right after the 31st. Usually is. But January 10 the 1st, this open carry thing goes into effect, and we're 11 all going to start seeing a lot of people, and I think a lot 12 of people probably, carrying guns on their hips on the 13 outside. And it's pretty -- that's pretty interesting. So, 14 I just want to remind you, so when you see that, I don't 15 think you should freak out. I don't think you'll see that in 16 the courthouse at all, but -- so I've asked the Sheriff to -- 17 there's some -- there's some debate over some laws and 18 issues, but I've asked the Sheriff if he would come and talk 19 about that just for a moment. He's been digging into it 20 pretty close. You want to do that now or at the end of the 21 meeting? 22 SHERIFF HIERHOLZER: Whenever the Court wishes. 23 AUDIENCE: Now. (Laughter.) 24 COMMISSIONER BALDWIN: Okay, we have a new court. 25 Do y'all want to hear about it? 12-28-15 7 1 COMMISSIONER LETZ: Sure. 2 COMMISSIONER BALDWIN: Okay, Rusty. 3 SHERIFF HIERHOLZER: Well, the biggest things that 4 can come up is you still have to have -- it won't be called a 5 concealed handgun license any more. Starting January 1, it 6 will only be called a handgun license, okay? That's the 7 whole change in that deal. You don't have to have extra 8 schooling or extra certifications; it's just a change of name 9 to a handgun license, and otherwise, pretty well all the same 10 rules apply to where you can carry and that. In the 11 courthouse -- there's going to be some debates later, but 12 right now, 46.03 of the Penal Code, the best we can tell, 13 still says you cannot carry in this courthouse. 411 of the 14 Government Code is a concealed handgun, which speaks a little 15 bit different. That's why the courts are going to have to 16 make some ruling. But the Penal Code actually says it is a 17 felony if you carry weapons in the courthouse. Doesn't 18 matter if it's an illegal knife, knuckles, or handgun. 19 The other issue we have coming up is going to be 20 out at the stock show. The stock show, because of 4-H and 21 F.F.A., is a school-sponsored activity. You cannot carry at 22 the stock show, openly or otherwise. There's different signs 23 that have to be posted. H.E.B.'s posted some already, and a 24 whole lot -- Whataburger and private businesses under 30.06 25 or 30.07, but primarily the same rules are going to apply to 12-28-15 8 1 C.H.L.'s as they are for H.L.'s or open carry. That's it in 2 a nutshell. 3 COMMISSIONER BALDWIN: But you have to have the 4 concealed license before you can open carry? 5 SHERIFF HIERHOLZER: Yes. You can't just strap on 6 a gun and openly carry, okay. You still have to have a 7 license to do it. And the other big rule is, you have to 8 have it in a holster of some type, whether it be a shoulder 9 holster or a belt holster, but there's no definition of what 10 a holster is. They didn't do that part of it, so that can 11 get sticky. But even if you're carrying it in your vehicle 12 in a glove box or on the seat, technically, it still has to 13 be in a holster even there. That's what -- 14 COMMISSIONER BALDWIN: I see pictures in the 15 newspapers around the country and on television that -- I see 16 folks carrying long guns. 17 SHERIFF HIERHOLZER: Right. 18 COMMISSIONER BALDWIN: Does that -- 19 SHERIFF HIERHOLZER: That doesn't have any effect 20 on long guns. This is only for handguns. It's a handgun 21 license, okay? So, there -- we're going to have a lot of 22 calls, I'm sure. There's going to be people for a while that 23 want to openly carry. I have no problem with that. I'm very 24 pro Second Amendment, but I think we just have to use common 25 sense and -- and wait for some courts to do some of the 12-28-15 9 1 deciding on some of this stuff. But I think it's good for 2 the state. You know, most states already have it, depending 3 on what their qualifications are. So, as long as they have a 4 handgun license, then they will be able to do it, but they 5 need to pay attention to where they're doing it and how 6 they're doing it. It's a lot more liability on people. 7 That's kind of what I would say at this point. I know I've 8 talked to Heather; I've talked to the District Attorneys, the 9 District Judge, Texas County and District Attorneys 10 Association. There is some confusion in a lot of this, but 11 that's where we're going to leave it right now. 12 COMMISSIONER BALDWIN: Okay, that's enough. We 13 can't carry in the courthouse. 14 SHERIFF HIERHOLZER: Good. 15 COMMISSIONER BALDWIN: All right. Thank you, 16 Rusty. That's all I have, so let's go into the Commissioners 17 Court meeting, and we'll take up Item Number 1, where we -- 18 it's a public hearing. 19 (The regular Commissioners Court meeting was closed at 9:08 a.m., and a public hearing was held in open 20 court, as follows:) 21 P U B L I C H E A R I N G 22 COMMISSIONER BALDWIN: But we'll recess the 23 Commissioners Court and take up this public hearing for a 24 petition to vacate, abandon, and discontinue a portion of 25 Fall Branch Road in Precinct 4. Mr. Hastings? Oh, you don't 12-28-15 10 1 -- that's right, you don't come up. So, this is a public 2 hearing. Does anyone have anything to say, yea or nay, about 3 this issue? It's the closing of a portion of Fall Branch 4 Road out in Precinct 4. 5 (No response.) 6 COMMISSIONER BALDWIN: Seeing no one come, we'll 7 close the public hearing and open the Commissioners Court. 8 (The public hearing was concluded at 9:08 a.m., and the regular Commissioners Court meeting was 9 reopened.) 10 - - - - - - - - - - 11 COMMISSIONER BALDWIN: And take up Item Number 1.2; 12 consider, discuss, and take appropriate action on a petition 13 to vacate, abandon, and discontinue a portion of Fall Branch 14 Road, and accept an easement for the construction of a 15 roadway vehicle turnaround in Precinct 4. Mr. Hastings? 16 MR. HASTINGS: Thank you. The public hearing 17 requested by TRT Ranch Corporation was just held to vacate, 18 abandon, and discontinue a portion of Fall Branch Road, 19 approximately seven-tenths of a mile, as indicated on the 20 attached petition that was posted on December the 4th, 2015. 21 There's photographs in your packet of that. It was posted at 22 the courthouse, as well as both ends of the portion of Fall 23 Branch Road that is proposed to be abandoned. There is also 24 in your packet an affidavit of the posting signed by Lee 25 Voelkel, who did the posting. This seven-tenths mile portion 12-28-15 11 1 of Fall Branch Road is located solely on TRT Ranch 2 Corporation property. However, it also serves a Gillespie 3 County property owned by Thera Querner located at the end of 4 Fall Branch Road. You will find in your packets a Release 5 and Settlement Agreement between TRT Ranch Corporation and 6 Thera Querner that includes an easement agreement for access 7 across the portion of Fall Branch Road that is proposed to be 8 vacated, abandoned, and discontinued. In addition to the 9 Settlement Agreement and Access Easement Agreement, you will 10 find a Waiver of Condition Agreement related to conditions in 11 the Access Easement Agreement. Fall Branch is currently in 12 need of a cul-de-sac or vehicle turnaround regardless of the 13 proposed abandonment. TRT is aware of this need for 14 construction of a turnaround, and has prepared an easement, 15 0.15 acres of land -- it's in your attached packet -- that 16 they propose to grant to the County in exchange for 17 abandonment of the road. Road and Bridge would construct the 18 turnaround. On behalf of the property owner, Road and Bridge 19 requests the Court to vacate, abandon, and discontinue an 20 approximately seven-tenths mile portion of Fall Branch Road 21 and accept a 0.15-acre perpetual easement for a county road 22 turnaround, Precinct 4. 23 COMMISSIONER REEVES: This is a road that is a 24 county public road that is gated on each end of it. We have 25 several of these out in the west part of the county. You may 12-28-15 12 1 have some on the other end as well. And I'd just like to ask 2 the County Attorney, do you feel that all requirements to 3 close the road have been met, as far as what is needed? 4 MS. STEBBINS: Yes, sir. The attorneys for the 5 ranch have been very diligent in getting -- keeping us 6 updated and preparing the correct documents and allowing me 7 and Road and Bridge to review them. So, I think that 8 everything has been done that needs to be done in order for 9 y'all to allow this to happen. 10 COMMISSIONER REEVES: Therefore, I'd like to make a 11 motion to approve the agenda item as written, including 12 accepting the easement for the construction of a roadway 13 vehicle turnaround. 14 COMMISSIONER BALDWIN: We have a motion for 15 approval. Is there a second? 16 COMMISSIONER LETZ: Second. 17 COMMISSIONER BALDWIN: And a second. Is there any 18 further discussion? 19 COMMISSIONER LETZ: Just a comment. The one -- the 20 lady, whatever her name is, at the end of the road, she's 21 taken care of and she's happy? Or maybe not -- I wouldn't 22 use the word "happy." She's signed off on everything? 23 MS. STEBBINS: This was considered an agreement 24 between the two parties. And the other lady at the end of 25 the road is a Gillespie County resident, and did enter into 12-28-15 13 1 an agreement. 2 COMMISSIONER LETZ: So she's okay; she's taken care 3 of. 4 COMMISSIONER BALDWIN: Anything else? Counselor, 5 do you -- is this your issue here? 6 MR. ARNOLD: Yes. 7 COMMISSIONER BALDWIN: Would you like to make a 8 comment of any sort? 9 MR. ARNOLD: I think you've summarized everything 10 adequately, so I have nothing more to add. 11 COMMISSIONER BALDWIN: Very good, thank you. 12 MR. ARNOLD: Appreciate it. 13 COMMISSIONER BALDWIN: All in favor, please raise 14 your right hand. 15 (The motion carried by unanimous vote, 3-0.) 16 COMMISSIONER BALDWIN: It's 3-0. It's a done deal. 17 Thank y'all. 18 COMMISSIONER BALDWIN: Item 1.3; consider, discuss, 19 take appropriate action on complaint regarding shooting in 20 the county. B. Diane Eames. Ms. Eames? No Ms. Eames at 21 this time? We want to leave that open, though, in case she 22 does come in, 'cause I want to hear about all of that, and so 23 do y'all. Item 1.4; consider, discuss, take appropriate 24 action to set a public hearing date for the Kerr County 25 Community Development Block Grant 7214025, Precinct 1 and 2, 12-28-15 14 1 regarding an amendment for the contract. Proposed time for 2 public hearing is January the 5th, 2016, at 5:15 at the Kerr 3 County Courthouse. Is that you? 4 MS. FALGOUST: Yes. 5 COMMISSIONER BALDWIN: Okay. Are you Katie? 6 MS. FALGOUST: I'm Katie. 7 COMMISSIONER BALDWIN: Hi, Katie. I'm Buster. I'm 8 Fannie Mae and Cecil's baby boy, Buster. 9 MS. FALGOUST: Okay. (Laughter.) 10 COMMISSIONER MOSER: Just thought I'd throw that 11 in. I mean, how else are we going to get to know each other? 12 Okay. 13 MS. FALGOUST: So, there were changes during the 14 design and engineering process, so currently the project is 15 connecting the Park Hill Apartment complex and a duplex, and 16 because of the reduction in connections, there's a reduction 17 in beneficiaries. And the Department of Agriculture requires 18 a public hearing for reductions over 25 percent, so we are 19 proposing to have a public hearing for public participation 20 on January 5th at 5:15 here at the courthouse. If there are 21 any questions -- 22 COMMISSIONER BALDWIN: Well, I do have one 23 question. Can -- should you not name a specific area in the 24 courthouse? Or -- 25 MS. FALGOUST: Yes. Actually, talking to Charlie, 12-28-15 15 1 we're going to have it here. 2 COMMISSIONER BALDWIN: In this room? 3 MS. FALGOUST: In Room 112. 4 COMMISSIONER BALDWIN: That's perfect. So, we need 5 to take action on it, I'm assuming. 6 COMMISSIONER LETZ: Move the agenda item be 7 approved. 8 COMMISSIONER REEVES: Second. 9 COMMISSIONER BALDWIN: We have a motion and a 10 second. Any further discussion? All in favor, raise your 11 right hand. 12 (The motion carried by unanimous vote, 3-0.) 13 COMMISSIONER BALDWIN: 3-0. Thank you very much. 14 MS. FALGOUST: Thank you very much. 15 COMMISSIONER BALDWIN: Nice meeting you. 16 MS. FALGOUST: Nice meeting you, too. 17 COMMISSIONER BALDWIN: We'll now recess the 18 Commissioners Court for a public hearing for Item 1.5, public 19 hearing regarding the revision of plat for Lot 161 of Spicer 20 Ranch Number 3 in Precinct 1. Mr. Odom and Mr. Hastings. 21 (The regular Commissioners Court meeting was closed at 9:15 a.m., and a public hearing was held in open 22 court, as follows:) 23 P U B L I C H E A R I N G 24 COMMISSIONER BALDWIN: Public hearing. Does anyone 25 have anything to -- anyone taking sides on the public hearing 12-28-15 16 1 on this issue? 2 (No response.) 3 JUDGE POLLARD: Good. We'll close the public 4 hearing and open up the Commissioners Court again. 5 (The public hearing was concluded at 9:15 a.m., and the regular Commissioners Court meeting was 6 reopened.) 7 - - - - - - - - - - 8 COMMISSIONER BALDWIN: And deal with Item 1.6. 9 COMMISSIONER LETZ: No. 10 COMMISSIONER BALDWIN: I'm sorry. That's the one 11 we just did, wasn't it? 1.7 -- no. Where is it? 12 COMMISSIONER LETZ: 1.9. 13 COMMISSIONER BALDWIN: No, that's not it for sure. 14 Charlie? 15 COMMISSIONER REEVES: Well, we got a timed item, 16 Commissioner, at 9:25. That's why we can't hear Number 1.6. 17 COMMISSIONER LETZ: Or 7 or 8. 18 COMMISSIONER BALDWIN: Or 8. 1.9; consider, 19 discuss, take appropriate action to reduce supplemental pay 20 to Jody Grinstead for booking events at the Hill Country 21 Youth Event Center and the Union Church building. 22 Commissioner Letz and Commissioner Reeves. 23 COMMISSIONER LETZ: This is on the agenda because 24 as we entered into the agreement with Spectra Corp., they 25 will handle the Hill Country Youth Event Center. Jody was 12-28-15 17 1 being paid a stipend of -- 2,500? 2,000? 2 MS. GRINSTEAD: 2,000. 3 COMMISSIONER LETZ: 2,000 to do that work, and it's 4 probably not appropriate to continue that stipend, though she 5 will still be handling Union Church. So, I think that there 6 -- my opinion is to reduce the stipend 500. And we're -- 7 COMMISSIONER REEVES: I was thinking that she will 8 be required with some duties over and above normal during the 9 transition time, the weekly meetings and everything. I'd 10 like to propose, for the remainder of this fiscal year, to 11 reduce it to $1,000, and then revisit it in the budget time 12 next year, because she is required to attend those meetings. 13 COMMISSIONER LETZ: That's true. 14 COMMISSIONER BALDWIN: Y'all actually going to 15 fight over this? 16 COMMISSIONER LETZ: No, 1,000 is fine. 17 COMMISSIONER BALDWIN: Okay. 18 COMMISSIONER LETZ: 'Cause there are -- and the 19 reason for the public, there are weekly meetings out there 20 scheduled for a while. Then they'll pare down over time, but 21 Jody does need to be at those meetings. 22 COMMISSIONER BALDWIN: Is that a motion? 23 COMMISSIONER REEVES: Yes, there is a motion. 24 COMMISSIONER BALDWIN: Motion to -- 25 COMMISSIONER REEVES: Reduce the stipend for her 12-28-15 18 1 additional duties to $1,000. 2 COMMISSIONER BALDWIN: $1,000. We have a second? 3 COMMISSIONER LETZ: Second. 4 COMMISSIONER BALDWIN: Any further discussion? All 5 in favor, raise your right hand. 6 COMMISSIONER LETZ: Wait, wait, wait. 7 COMMISSIONER BALDWIN: Oh. 8 COMMISSIONER LETZ: That will be effective 9 January 1st. 10 COMMISSIONER REEVES: That's fine. 11 COMMISSIONER BALDWIN: You okay with that, Jody? 12 MS. GRINSTEAD: Yes. 13 COMMISSIONER BALDWIN: Okay. All in favor, raise 14 your right hand. 15 (The motion carried by unanimous vote, 3-0.) 16 COMMISSIONER BALDWIN: It's 3-0. Thank you. Where 17 are we on the timed issues? 18 COMMISSIONER LETZ: We got to keep going for a 19 while. 20 COMMISSIONER BALDWIN: Okay. Y'all let me know. 21 Item 1.10; consider, discuss, and take appropriate action to 22 approve the Uniform Truancy Policy. Heather Stebbins. 23 MS. STEBBINS: There were some changes this last 24 session, and basically decriminallizing truancy, and so the 25 law requires the County to adopt a Uniform Truancy Policy 12-28-15 19 1 that will apply across the county before the 1st of January, 2 and if it's not adopted by then, there will have to be a 3 committee between the County Judge, the Mayor, the 4 superintendent of the largest school in the county, and one 5 of the justices of the peace, myself, city prosecutor, a 6 large group of folks who will have to come together and then 7 create this policy in order to adopt it. However, a couple 8 weeks ago, Judge Pollard, Abigail Chavez, Justice -- 9 MS. LANTZ: Mitchell. 10 MS. STEBBINS: -- Kathy Mitchell -- thank you. I 11 was trying to think about which one was there. The Mayor, 12 one of the Municipal Court judges, and the City Attorney and 13 City Manager all got together and discussed the plan that we 14 were going to propose to you all to adopt, and -- and came to 15 an agreement that we all liked the plan that was going 16 forward, and so we're presenting this to y'all to adopt 17 before the 1st of January so that then the committee doesn't 18 have to get together after that to come up with a plan. 19 COMMISSIONER REEVES: That policy is the one that's 20 in our packet? 21 MS. STEBBINS: Yes, sir. Yes, sir. 22 COMMISSIONER LETZ: I move we adopt the truancy 23 policy as -- the Uniform Truancy Policy that was in our 24 packet. 25 COMMISSIONER BALDWIN: Motion. Is there a second? 12-28-15 20 1 COMMISSIONER REEVES: Second. 2 COMMISSIONER BALDWIN: And a second. Any further 3 discussion? All in favor, raise your right hand. 4 (The motion carried by unanimous vote, 3-0.) 5 COMMISSIONER BALDWIN: 3-0 vote. Thank you. 6 MS. STEBBINS: Thank you. 7 COMMISSIONER BALDWIN: Item 11; consider, discuss, 8 take appropriate action regarding South Texas Blood and 9 Tissue doing blood drive February the 3rd, 2016, in the 10 county courthouse parking lot from 11 a.m. to 5:30 p.m. 11 Ms. Lantz? 12 MS. LANTZ: Good morning. This is just something 13 they do on a yearly basis, and the first one they requested 14 would be February 3rd of the new coming year, to be held in 15 the Kerr County Courthouse parking lot. 16 COMMISSIONER LETZ: Move approval. 17 COMMISSIONER REEVES: Second. 18 COMMISSIONER BALDWIN: We have a motion and second. 19 Any further discussion? All in favor, raise your right hand. 20 (The motion carried by unanimous vote, 3-0.) 21 COMMISSIONER BALDWIN: 3-0 vote. Thank you. Still 22 got to wait? 23 COMMISSIONER LETZ: Yes, five more minutes. 24 COMMISSIONER BALDWIN: Item 1.12; consider, 25 discuss, take appropriate action to approve contract 12-28-15 21 1 documents for the Texas Community Development Block Grant 2 2015 Colonia Fund, Construction Contract Number 7215045, and 3 allow the County Judge to sign the same. Commissioner Letz? 4 COMMISSIONER LETZ: This is on the agenda -- we 5 previously looked at these -- the documents, and we were 6 holding up; we wanted to do a little bit more investigation. 7 This is a $500,000 grant which will be used for hooking up 8 sewer systems in the east Kerr County project. We were 9 concerned initially, and still are a little bit, about the 10 deadlines of -- of meshing the construction with the hookup 11 policy, but we believe that we are -- we can make it based on 12 the dates. Also, there's a possibility of getting an 13 extension to this if we need it. This is due back in Austin 14 on the 7th, I believe, of January. That's the reason it's on 15 the agenda. It's something that needs to be approved. We've 16 looked at it. I'll make a motion that we authorize the 17 County Judge to sign the contract as listed in the agenda 18 item. 19 COMMISSIONER REEVES: I'll second. 20 COMMISSIONER BALDWIN: Motion and a second. Any 21 further discussion? All in favor, raise your right hand. 22 (The motion carried by unanimous vote, 3-0.) 23 COMMISSIONER BALDWIN: 3-0 vote, thank you. Motion 24 carries. Item 1.13; consider, discuss, and take appropriate 25 action to extend agreement for another year with Air Methods, 12-28-15 22 1 previously AirLIFE. Ms. Lantz? 2 MS. LANTZ: I received this notice late Wednesday 3 for the Court's approval. AirLIFE was bought out by Air 4 Methods, and they requested us to extend our contract 5 starting January the 1st, 2016, to run through December 31st, 6 2016. Because it could potentially take several months 7 longer if we continue with the contract we're under right now 8 because of the change-over of the companies. This is a 9 payroll deduction that employees pay. I'm still waiting on 10 some -- I e-mailed Mr. Solis back and asked him about 11 charging the employees, and I haven't heard anything back 12 yet. Because our current renewal is in March, and we usually 13 do February payroll deduct -- or, yes, payroll deductions in 14 February to pay March's renewal. So -- 15 COMMISSIONER BALDWIN: So, we want -- you're asking 16 us to approve the contract that we're not sure -- 17 MS. LANTZ: I was hoping by this morning I would 18 have that information back, but I haven't gotten it, so I 19 would think -- I'm just going to ask to pass until I get that 20 information. 21 COMMISSIONER BALDWIN: Okay with you? 22 COMMISSIONER LETZ: Yes. 23 COMMISSIONER BALDWIN: Yeah, I think it's a good 24 idea. Thank you, ma'am. 25 COMMISSIONER LETZ: You can probably do 1.6 now, 12-28-15 23 1 Commissioner. 2 COMMISSIONER BALDWIN: Okay. 3 COMMISSIONER LETZ: I think we're there. 4 COMMISSIONER BALDWIN: I think so too. By the time 5 I get to it in my paperwork, we will be. Item 1.6, public 6 hearing regarding the revision of plat for Lots 55, 56, and 7 -- first of all, I want to recess the Commissioners Court and 8 have a public hearing regarding the revision of plat for Lots 9 55, 56, and part of 57, and cancellation of part of Lot 57 of 10 Bear Creek Ranch, Volume 3, Page 114, in Precinct 1. Leonard 11 Odom/Charlie Hastings, Leonard Odom/Charlie Hastings. 12 (The regular Commissioners Court meeting was closed at 9:25 a.m., and a public hearing was held in open 13 court, as follows:) 14 P U B L I C H E A R I N G 15 COMMISSIONER BALDWIN: Any one of you four want to 16 come forward? It's a public hearing. This is open for the 17 public to come and speak now, or forever hold your peace. 18 (No response.) 19 COMMISSIONER BALDWIN: We'll close the public 20 hearing and open the Commissioners Court. 21 (The public hearing was concluded at 9:25 a.m., and the regular Commissioners Court meeting was 22 reopened.) 23 - - - - - - - - - - 24 COMMISSIONER BALDWIN: And we're too early. 25 COMMISSIONER REEVES: Would you like to do the 12-28-15 24 1 reports, Commissioner? 2 COMMISSIONER BALDWIN: We sure can. Commissioners 3 Court -- you mean the monthly reports? 4 COMMISSIONER REEVES: Monthly reports, yes, sir. 5 COMMISSIONER BALDWIN: Let's do the monthly 6 reports. 7 COMMISSIONER REEVES: Monthly reports that I have 8 is the annual report to T.D.R.A. from Kerr County Emergency 9 Services District Number 2; Constable, Precinct 3, monthly 10 report for November 2015; report on financial records for the 11 fiscal year 10-01-2014 until 9-30-2015 of Emergency Services 12 District Number 1; report on financial records for the fiscal 13 year 10-1-2014 to 9-30-2015 of Emergency Services District 14 Number 2; County Clerk's statement of financial income and 15 expense for November 2015; County Treasurer's monthly report 16 for November 2015. Is there any other ones, Ms. Clerk? 17 THE CLERK: No, sir. 18 COMMISSIONER REEVES: Okay. That's all that we 19 have? 20 THE CLERK: Yes, sir. 21 COMMISSIONER REEVES: I move for approval, and sign 22 as needed. 23 COMMISSIONER LETZ: Second. 24 COMMISSIONER BALDWIN: A motion. And second? And 25 a second. Any discussion about approving and accepting the 12-28-15 25 1 monthly reports? All in favor, raise your right hand. 2 (The motion carried by unanimous vote, 3-0.) 3 COMMISSIONER BALDWIN: 3-0. The motion passes. Is 4 there any late bills? 5 MS. DOSS: No, sir. 6 COMMISSIONER BALDWIN: None? 7 MS. DOSS: None. 8 COMMISSIONER BALDWIN: Budget amendments? 9 MS. DOSS: Yes, sir. 10 COMMISSIONER BALDWIN: I see one. 11 MS. DOSS: There's one. 12 COMMISSIONER LETZ: Park maintenance. I move 13 approval. 14 COMMISSIONER REEVES: Second. 15 AUDIENCE: I have a motion and second for approval. 16 All in favor, raise your right hand. 17 (The motion carried by unanimous vote, 3-0.) 18 COMMISSIONER BALDWIN: Thank you. Aerobics class 19 back there. 20 COMMISSIONER REEVES: I also make a motion to pay 21 the bills, as well as the -- there was no late bills? 22 MS. DOSS: No, sir. 23 COMMISSIONER LETZ: Second. 24 COMMISSIONER BALDWIN: We have a motion and a 25 second, and we're going to hold off on it just a little bit. 12-28-15 26 1 COMMISSIONER REEVES: My apologies. 2 COMMISSIONER BALDWIN: I have a question. 3 COMMISSIONER REEVES: I was trying to move it 4 along. My apologies. 5 COMMISSIONER BALDWIN: I know. That's fine. We 6 can hold it right there. It's still early. So, Kathy, have 7 you heard any good jokes lately? No? For the record, 8 Commissioner 2 is out and the County Judge is out today for, 9 I'm assuming, Christmas holidays, and so Commissioners 1, 3, 10 and 4 are here in service. And I also wanted to say today is 11 our friend Kathy's last day with the Commissioners Court. 12 And I've said it so many times, but we couldn't do it without 13 you, dear. Thank you so very much. And there's some cookies 14 that -- can I take the credit for them? 15 MS. GRINSTEAD: Sure, go ahead. 16 COMMISSIONER BALDWIN: I got up at 3 o'clock this 17 morning, biscuit dough up to here, making these cookies, and 18 we'll take a break here in just a few minutes, and you're all 19 welcome to a cookie and to say bye to Kathy. And you have to 20 bring your own coffee or milk. 21 COMMISSIONER LETZ: It's 9:30. 22 COMMISSIONER BALDWIN: Okay. Item 1.7; consider, 23 discuss, and take appropriate action for the Commissioners 24 Court final approval regarding the revision of plat for Lots 25 55, 56, and part of 57, and cancellation of part of Lot 57 of 12-28-15 27 1 Bear Creek Ranch, Volume 3, Page 114, Precinct 1. Leonard 2 Odom/Charlie Hastings, Leonard Odom/Charlie Hastings. 3 MR. HASTINGS: Sir, this is the one that's not 4 ready. The surveyor doesn't have the last -- 5 COMMISSIONER BALDWIN: They don't have all the 6 signatures, so they're going to play by the rules and wait, 7 so we'll go right on past that one. 8 COMMISSIONER LETZ: Five minutes. 9 COMMISSIONER BALDWIN: Have I asked you about any 10 jokes? Let's go into recess for five minutes. 11 (Recess taken from 9:31 a.m. to 9:36 a.m.) 12 - - - - - - - - - - 13 COMMISSIONER BALDWIN: All right, Commissioners 14 Court's back in session. We're going to take up Item 1.8; 15 consider, discuss, and take appropriate action to award the 16 annual bids for road base, cold mix, aggregate, emulsion oil, 17 and corrugated pipe -- metal pipe for Precincts 1 through 4. 18 Mr. Odom and Mr. Hastings. 19 MR. HASTINGS: Thank you. The annual bids were 20 opened on Monday, December 14th, 2015, and they were read 21 aloud. We are ready to award the 2016 road material bids. 22 We have attached a copy of the final bid pricing for your 23 viewing, and it reads as follows. Low bid, Wilson for 24 culverts -- Wilson Culverts, Incorporated. And we read those 25 previously, but they were the low bidder there. For base 12-28-15 28 1 material, we had three-quarter inch and down, 10.75 a ton 2 from Wheatcraft. Allen Keller, one and three-quarters down, 3 7.50 a ton. For Grade 2, two and a half inch down, Colorado 4 Materials out of San Marcos, 5.75 a ton. And then we also 5 had some delivered prices for Wheatcraft; three-quarter inch 6 down, 17.92 a ton. Allen Keller, one and three-quarter down, 7 14.80 a ton, and Buck Valley Trucking, two and a half inch 8 down, 24.50 a ton, delivered. Kerr County does retain the 9 right to add transportation charges to the unit prices shown 10 in that table to determine the low bid for a particular job 11 site. This may result in more than one supplier being a low 12 bidder, depending on the location of the job site. And that 13 was clearly stated in the bid packet. 14 For oils, Wright Asphalt Products was the low bid 15 for CRS-2 at $1.36 per gallon. Ergon was the low bid for AEP 16 at $2.0966 per gallon. Low bids, Ergon was low bid for 17 CSS-1H at $1.3966 per gallon, and Ergon was the low bid for 18 MS-2 at $1.3966 per gallon. For asphalt, Vulcan Materials 19 was the low bid for both black base AA and cold mix CC, at 20 $56.90 and $57.90 respectively. And for paving aggregates, 21 Vulcan Materials was the low bid for trap rock, Grade 3, 4, 22 and 5, at $38.13, $40.13, and $39.13, respectively. At this 23 time, we ask the Court to approve and accept the bids. They 24 will begin on January 1, 2016, and be in effect until 25 December 31, 2016. This is all four precincts. 12-28-15 29 1 COMMISSIONER LETZ: Move approval. 2 COMMISSIONER BALDWIN: I have a motion. Is there a 3 second? 4 COMMISSIONER REEVES: I'll second it, with a 5 question. 6 COMMISSIONER BALDWIN: Okay. 7 COMMISSIONER REEVES: But go ahead with yours. 8 COMMISSIONER LETZ: Charlie, with a lot of these -- 9 I mean, it's being presented a little bit differently than we 10 have in the past. Usually in the past, we've accepted all 11 bids, and y'all have had the discretion to pick the lowest 12 one based on kind of individual pricing, I guess. 13 MR. HASTINGS: Okay. 14 COMMISSIONER LETZ: If prices fluctuate throughout 15 the year -- this is kind of a high-side projection. Like, on 16 oils, some of those may come down? 17 MR. HASTINGS: We've had that happen before. 18 COMMISSIONER LETZ: So this is kind of the maximum 19 we'll pay, and we still will negotiate possibly lower, both 20 on the trucking and some of these other materials as 21 possible? And Kelly's raising her hand. 22 MS. HOFFER: We have had some increases throughout 23 the -- the current pricing, but very rarely. But, yes, if 24 they would go down, then we also -- especially with the oils, 25 but we have had where there has been notices put out of -- of 12-28-15 30 1 an increase on it. And a lot of times it's just with a 2 vendor that we do not use, like Martin Marietta used to -- 3 the price always looked really, really good, but you had to 4 drive to San Antonio to get it. 5 COMMISSIONER LETZ: Right. But these are high-side 6 prices? 7 MS. HOFFER: Yes, sir, should be. 8 COMMISSIONER LETZ: And if these prices do fall on 9 some of these, or go lower, y'all will -- 10 MS. HOFFER: We did have some pretty good savings, 11 though. If you look, we put in last year's bid summary along 12 with the current one, and the emulsion is considerably lower. 13 COMMISSIONER LETZ: Right. And maybe the 14 approaches are reflected already. I don't know if I want the 15 prices to go lower or not. Might want to keep them right 16 where they are or go up a little bit. But anyway, okay, that 17 answered my question. 18 MR. HASTINGS: Okay. 19 COMMISSIONER BALDWIN: I just wanted to say that 20 the way you presented it in a chart form, I personally like 21 that. I can see it, I can read it, and I can understand it, 22 so thank you for making it pretty clear to me. 23 COMMISSIONER REEVES: My only question, all bids 24 were turned in in accordance with the bid specifications? 25 MR. HASTINGS: Yes, sir. 12-28-15 31 1 COMMISSIONER REEVES: And -- all right. 2 COMMISSIONER BALDWIN: So, we have a motion and a 3 second. All in favor, please raise your right hand. 4 (The motion carried by unanimous vote, 3-0.) 5 COMMISSIONER BALDWIN: Motion carries, thank you. 6 Let's see, did we do 6? Did we do 3? Let's go back to Item 7 3. Has Ms. Eames come in? 8 (No response.) 9 COMMISSIONER BALDWIN: Sorry she didn't come in. 10 Well -- 11 COMMISSIONER LETZ: Maybe we can contact her and 12 have her at our next meeting. 13 COMMISSIONER BALDWIN: Would you let her know that 14 we tried? 15 MS. GRINSTEAD: I mean, I sent her an e-mail and 16 let her know it -- I responded to her e-mail, let her know it 17 would be on here. 18 COMMISSIONER BALDWIN: I saw that. I appreciate 19 you doing that. Mrs. Eames is claiming that there -- there 20 may be people shooting at her while she's riding her horse, 21 and I think that this is the body to talk about that. And, 22 of course, the Sheriff would be the keeper of the key there, 23 but those things need to be talked about. 24 SHERIFF HIERHOLZER: We did visit with the 25 landowner -- both landowners out there. There is a berm, and 12-28-15 32 1 there is no issue with the two landowners. She's the one 2 that had the issue, but there was no law violations in what 3 the landowners are doing. 4 COMMISSIONER BALDWIN: Yeah. It's a discharge of 5 firearm type thing, and they can do that on their property. 6 And -- and the only law I know that affects that is this -- 7 let's see. It's you can't discharge a firearm in a platted 8 subdivision 10 acres or less or something. 9 SHERIFF HIERHOLZER: No, there's nothing like that 10 in Kerr County. This Commissioners Court has -- 11 COMMISSIONER BALDWIN: Well, we have not adopted 12 it, but that's available to us. 13 SHERIFF HIERHOLZER: Now, there's discharging 14 firearms state laws about across a public roadway or in the 15 direction of a residence, things like that. You know, 16 whether or not it's occupied or unoccupied. But in this 17 case, from what we could tell -- and I spoke to landowners, 18 not this lady -- they could not determine that there was any 19 kind of law violation. In fact, the one doing the shooting 20 was taking a lot of extreme precautions to make sure that 21 there wasn't anything. He's on his own property, and a 22 target range with a berm set up and all that, and we could 23 not see where there was any kind of violations at all. And 24 the actual landowner that -- that this lady was keeping her 25 horse -- boarding her horse at also had no issues with 12-28-15 33 1 whoever was doing the shooting or any of that kind of stuff. 2 It was mainly the person boarding the horse that felt like 3 it, but could not -- could not factually set out anything 4 that was written. 5 COMMISSIONER BALDWIN: Well, I just want to make 6 sure the public understands that they can come to this Court 7 and talk about almost everything, you know. So, thank you, 8 Rusty. Let's go to the bills. On Page 1, nondepartmental, 9 Texas Association of Counties, Blue Cross and Blue Shield. 10 There's a bill there for $210,000. Is that -- is that a 11 monthly payment -- 12 MS. DOSS: Yes, sir. 13 COMMISSIONER BALDWIN: -- to them for -- 14 MS. DOSS: Health insurance. 15 COMMISSIONER BALDWIN: -- health insurance for the 16 employees. $210,331. And then right below that is Blue 17 Cross Dental. Why is the dental broken out and separated 18 from regular health insurance? 19 MS. DOSS: Because they bill it separate. And that 20 is also Blue Cross/Blue Shield monthly. 21 COMMISSIONER BALDWIN: And that is different from 22 eye exams -- 23 MS. DOSS: Yes, sir. 24 COMMISSIONER BALDWIN: -- and glasses? 25 MS. DOSS: That's separate billing through Avesis. 12-28-15 34 1 COMMISSIONER BALDWIN: Okay. You act fast. We've 2 talked about this already today. Down in election services, 3 AMG Printing & Mailing for postage for $8,000. Is that -- 4 and it's under election services. Is that those new little 5 voting cards I just recently received? 6 MS. DOSS: Yes, sir, that was the postage. Prepaid 7 postage. 8 COMMISSIONER BALDWIN: Thank you. Drop down 9 three-quarters of the way to mental health, the payment to 10 Travis County clerk for $424. What is that? 11 MS. DOSS: That is for out-of-county mental health 12 hearings approved by Judge Pollard. For instance, if someone 13 lives in Kerr County, but they have a hearing in Travis 14 County, then we have to reimburse them for that hearing. 15 COMMISSIONER BALDWIN: Okay, yeah. And we do that 16 with San Antonio quite often. 17 MS. DOSS: Yes, sir. 18 COMMISSIONER BALDWIN: Thank you for that. On Page 19 4, this is just a typo, I'm praying. Almost down at the 20 bottom, it's Correctional Health Care Mana, contract medical 21 for $38,000. What might that be? 22 MS. DOSS: That is the monthly contract for the 23 health care for inmate medical. 24 COMMISSIONER BALDWIN: Is that this company -- you 25 contract with a company? 12-28-15 35 1 MS. DOSS: Yes, sir, this is a contractor. 2 COMMISSIONER BALDWIN: Rusty, do we need to get you 3 standing up again so I can see you? 4 SHERIFF HIERHOLZER: This is our contract monthly 5 cost for C.C.S., Correctional Health Care medical that does 6 the contract for all the inmates. 7 COMMISSIONER BALDWIN: They do the whole thing with 8 the physician and the whole deal? 9 SHERIFF HIERHOLZER: Physician and the nurses and 10 all that. 11 COMMISSIONER BALDWIN: And this word "mana" is 12 probably short for management? 13 SHERIFF HIERHOLZER: Yes. 14 COMMISSIONER BALDWIN: I mean, it's like manna from 15 heaven or whatever. Page 5, Kerrville Landfill, and the 16 trash service. Is that a company, Kerrville Landfill? Or -- 17 MS. DOSS: They took some -- they were cleaning 18 trees and stuff, and they took -- 19 COMMISSIONER BALDWIN: We took it ourselves in our 20 vehicles? 21 MS. DOSS: Yes, sir. 22 COMMISSIONER BALDWIN: And just paid the 23 landfill -- 24 MS. DOSS: Yes, sir. 25 COMMISSIONER BALDWIN: -- $300. Rusty, about 12-28-15 36 1 halfway down under the Sheriff's Department, the Advantage 2 tower and Lower Colorado River Authority towers. One is 3 $21,000 and one is $975. Why the difference in there? 4 What's -- 5 SHERIFF HIERHOLZER: One would be the yearly lease, 6 and one's probably a monthly cost on a different one, 7 depending on how we got billed. 8 COMMISSIONER BALDWIN: We do it that way? 9 MS. DOSS: The L.C.R.A. is -- Advantage tower's for 10 $975; that's a month. We have a year left on that contract. 11 And then the one for 21,000, that's actually a year lease, 12 and it includes Legion and Granada. 13 SHERIFF HIERHOLZER: It's two towers. 14 MS. DOSS: Two towers. 15 COMMISSIONER BALDWIN: Thank you. That does it. 16 Thank you very much. 17 MS. DOSS: You're welcome. 18 COMMISSIONER BALDWIN: I tell you what, our Auditor 19 is on top of it. Anything else to come before the Court 20 today? 21 COMMISSIONER LETZ: No, but we have quite a bit for 22 the next meeting. 23 COMMISSIONER BALDWIN: I'm sure we do. 24 COMMISSIONER REEVES: Do we need a motion to pay 25 those bills? 12-28-15 37 1 MS. DOSS: Yes, you do. 2 COMMISSIONER REEVES: Okay. 3 COMMISSIONER LETZ: We haven't voted. 4 (The motion carried by unanimous vote, 3-0.) 5 COMMISSIONER BALDWIN: Motion carries 3-0. So, 6 let's don't forget, we have -- we have a party here in just a 7 few minutes. You guys stick around and have a cookie. And I 8 guess that's it, huh? So, the Commissioners Court's 9 adjourned. We'll see y'all next year. 10 COMMISSIONER BALDWIN: Thank you. 11 (Commissioners Court adjourned at 9:50 a.m.) 12 - - - - - - - - - - 13 14 STATE OF TEXAS | 15 COUNTY OF KERR | 16 The above and foregoing is a true and complete 17 transcription of my stenotype notes taken in my capacity as 18 official reporter for the Commissioners Court of Kerr County, 19 Texas, at the time and place heretofore set forth. 20 DATED at Kerrville, Texas, this 28th day of December, 21 2015. 22 23 REBECCA BOLIN, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 12-28-15