1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, September 26, 2016 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: 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 2 NO. PAGE 3 *** Visitors' Input. 7 4 *** Commissioners' Comments. 11 5 1.1 Public Hearing regarding the Revision of 13 Plat for Tracts 1A and 1B of Bluff Creek 6 Ranch Subdivision, Plat Record Volume 7, Page 92, Pct. 1. 7 1.2 Consider, discuss and take appropriate 13 8 action regarding the final Revision of Plat for Tracts 1A and 1B of Bluff Creek 9 Ranch Subdivision, Plat Record Volume 7, Page 92, Pct. 1. 10 1.3 Consider, discuss and take appropriate 15 11 action regarding the Final Revision of Plat for Lots 4-A and 4-B of Sheppard Hills 12 Estates, Volume 7, Page 38, Pct. 1. 13 1.6 Consider, discuss and take appropriate 16 action to review the Kerr County Investment 14 Policy and strategy (TX Govt. Code 2256.005(e))and Broker/Dealer List for Kerr 15 County's Investment Policy in accordance with the Public Funds Investment Act (TX 16 Govt. Code 2256.005(k)). Changes to the investment policy include: (1) addition 17 of the Center for Public Management and Texas Association of Counties to the list 18 of entities to obtain investment training from (2) delete The Texas Municipal League 19 from the list of entities we can obtain investment training from (3) changed the 20 word "and" to "an" in the 2nd paragraph on page 5. 21 1.4 Consider, discuss and take appropriate 18 22 action to set a Public Hearing on November 14, 2016 at 9:00 a.m. for the Court to 23 consider, discuss and take appropriate action on a Revision of Plat for Lots 4, 24 5, and 6 of Pecan Valley Subdivision recorded in Volume 4, Page 198, Pct. 2. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.5 Consider, discuss and take appropriate 19 action on request to allow the Road and 4 Bridge Department to perform work in the Outdoor Arena at the Hill Country Youth 5 Event Center for the Kerr County Fair. 6 1.8 Consider, discuss and take appropriate 21 action to approve renewal of Texas 7 Association of Counties (TAC) County Choice Silver Retiree Medical/RX 8 Supplemental for 2017 and have County Judge sign the same. 9 1.9 Consider, discuss and take appropriate 23 10 action to renew Texas Association of Counties (TAC) Risk Management Pool's 11 Workers' Compensation Program and have County Judge sign same. 12 1.16 Consider, discuss and take appropriate 24 13 action to approve setting the cost for a copy of the FY 2016/17 Budget. 14 1.17 Consider, discuss and take appropriate 25 15 action on requests from appointed and elected officials to appoint clerks and 16 assistants for their offices pursuant to Local Government Code Chapter 151. 17 1.7 Presentation of Safety Gold Star Award 29 18 from Texas Association of Counties. 19 1.20 Consider, discuss and take appropriate 31 action to approve a Customer Service 20 Agreement with UniFirst for the Maintenance Department uniforms and floor mats for 21 various county buildings. 22 1.22 Consider, discuss and take appropriate 33 action regarding Hazardous Waste Material 23 Event including allowing the Kerr County Environmental Health Department and Animal 24 Services employees to work at event to be held at the Hill Country Youth Event Center 25 on December 10, 2016 (event times will be 8:00 a.m. to 1:00 p.m.). 4 1 I-N-D-E-X 2 NO. PAGE 3 1.23 Consider, discuss and take appropriate 37 action to close Riverside Drive for the 4 Hazardous Waste Material Event at the Hill Country Youth Event Center on December 5 10, 2016 (event times will be 8:00 a.m. to 1:00 p.m.). 6 1.24 Consider, discuss and take appropriate 38 7 action to rescind court order #32068 (pick up fees for euthanized animals). 8 1.10 Public Hearing on proposed Kerr County 41 9 Budget for FY 2016-2017. 10 1.25 Consider, discuss and take appropriate 41 action to adopt new Kerr County Animal 11 Services Fee Schedule. 12 1.26 Consider, discuss and take appropriate 42 action to authorize Kerr County Sheriff's 13 Office to accept a donation of $1,000 from the Ranch Radio Station and Ken 14 Stoepel Ford. 15 1.11 Consider, discuss and take appropriate 44 action regarding any changes to the 16 proposed Kerr County Budget for FY 2016-2017. 17 1.12 Consider, discuss and take appropriate 47 action to set the salaries, expenses and 18 other allowances of the Elected Officials as published on August 24, 2016 in the 19 Kerrville Daily Times. 20 1.13 Consider, discuss and take appropriate 49 action to adopt FY 2016- 2017 Kerr County 21 Budget. 22 1.14 Consider, discuss and take appropriate 50 action to take a record vote on the 23 proposed 2016 Kerr County tax rate. This will be the combined tax rate for Kerr 24 County and Lateral Roads. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.15 Consider, discuss and take appropriate 53 action to adopt the 2016 Lake Ingram 4 Estates Road District tax rate. 5 1.18 Conduct a public hearing for the 54 District Clerk written Archival Plan. 6 1.19 Consider, discuss and take appropriate 54 7 action to approve the District Clerk written Archival Plan as presented. 8 1.21 Consider, discuss and take appropriate 56 9 action to authorize a Request for Proposal (RFP) for a panelfold door to divide the 10 Event Hall at the Hill Country Youth Event Center. 11 1.27 Consider, discuss and take appropriate 57 12 action (if necessary) to proceed with repairs to the roofs and air conditioning 13 units of various county buildings which sustained damage due to hail. Kerr County 14 received insurance proceeds of $557,524. 15 1.28 Consider, discuss and take appropriate 62 action to approve a "Code of Conduct 16 Policy for Grants" required by the Uniform Administrative Requirements, Cost 17 Principles, and Audit Requirements for Federal Awards 2 CFR 200.318. 18 1.29 Consider, discuss and take appropriate 63 19 action to approve a "Grants Management Manual" required by the Uniform 20 Administrative Requirements, Cost Principles, and Audit Requirements for 21 Federal Awards 2 CFR 200 (various sections). 22 1.31 Information item concerning City of 65 Kerrville and Animal Services Department. 23 1.32 Consider, discuss and take appropriate 66 24 action on landscaping/bench placement around War Memorial and courthouse square. 25 6 1 I-N-D-E-X 2 NO. PAGE 3 1.33 Consider, discuss and take appropriate 69 action on request from Center Point ISD 4 to close Avenue A on October 7, 2016 for a community event. 5 1.34 Consider, discuss and take appropriate 70 6 action to determine if Commissioners' Court meetings should be held on every 7 Monday at 9:00 a.m. 8 1.35 Consider, discuss and take appropriate 74 action to authorize Kerr County Sheriff's 9 Office to exempt two employees from the 160 hour restriction for vacation for 10 2015/2016. 11 4.1 Pay Bills. 85 12 4.2 Budget Amendments. 86 13 4.3 Late Bills. 87 14 4.4 Approve and accept Monthly Reports. 87 15 4.5 Auditor Reports. 88 16 5.1 Reports from Commissioners/Liaison 89 Committee Assignments as per attachment. 17 5.2 Reports from Elected Officials/Department 89 18 Heads. 19 5.3 Reports from Boards, Commissions and 90 Committees. 20 a). City/County Joint Projects or Operations Reports. 21 b). Other. 22 1.30 Consider, discuss and take appropriate 91 action on request to place a banner on 23 courthouse square. 24 1.36 Consider, discuss and take appropriate 116 action regarding personnel issue. 25 *** Adjournment. 117 7 1 JUDGE POLLARD: Okay. It is Monday, 2 September the 26th, 2016, and it's 9 a.m. Kerr County 3 Commissioners' Court is in session. It's going to be a 4 long session, a little bit laborious. We're going to 5 start off with Commissioner Letz leading with the 6 prayer, and the pledge on the American flag. 7 (Prayer and Pledge of Allegiance.) 8 JUDGE POLLARD: All right. This is the part 9 of a the agenda where the public can speak on something 10 that is not on the agenda. Now let me point out that 11 the flag situation is on the agenda so this is not the 12 time to speak on that. 13 COMMISSIONER LETZ: Banner situation. 14 JUDGE POLLARD: I'm sorry, the banner. All 15 right, is there anyone wishing to speak on something 16 other than what's on the agenda at this time? If not 17 then we'll go into the regular agenda. When we do get 18 to the banner situation, which is timed at 11:15 this 19 morning you're going to have to, if you want to speak on 20 it, you're going to have the fill out one of these 21 information forms and get off of that back table there 22 and pass it up here to me. And you'll have to approach 23 the podium, identify yourself and state your address and 24 limit your comments to three minutes, and if there are a 25 lot of people here at that time, I would suggest that 8 1 you might might get together and pick four or five 2 speakers to speak on everybody's behalf, instead of 50 3 people speaking. So try to make some arrangements like 4 that if you can. Yes, Sir. 5 MR. YOUNG: Your Honor, I have a live radio 6 show that I do from 11 to 1 every day, and so I will not 7 be able to be here at 11:15. So I will -- the 8 information that I have to share is very vital to your 9 decision in regards to the banner, and I would just ask 10 the Court to allow me to take this three minutes and 11 share what I have to share. 12 JUDGE POLLARD: All right, Sir, go ahead. 13 And you are Pastor Greg Young. 14 PASTOR YOUNG: Yes, Sir. 15 JUDGE POLLARD: Your address is 222 Sidney 16 Baker Street. 17 PASTOR YOUNG: Yes, Sir. 18 JUDGE POLLARD: Okay. Kerrville. 19 PASTOR YOUNG: Yes. I broadcast the shows 20 in generation radio program out of here, Commissioners, 21 Your Honor, thank you so much for this opportunity. 22 I've had direct contact with the Freedom From Religious 23 Foundation on a number of incidents. For over two and a 24 half years Liberty Institute -- First Liberty was a 25 guest on my program. We regularly discussed how the 9 1 Freedom From Religion Foundation would prey upon small 2 communities like Kerrville all across the country. One 3 of the ways they do that is a soft introduction into 4 their organization. I also debated their founder Dan 5 Barker, actually their leader Dan Barker, on Ed 6 Berliner's Newsmax TV. In there he showed his contempt 7 for Christianity, he does not like Christianity. He was 8 an evangelical minister who has renounced the faith. In 9 that interview he even went so far as to say he believes 10 himself to be smarter than God. He has an absolute 11 disdain for Christianity and wants Christianity silent 12 in every community across the country, and he said so. 13 I'll leave you with this one analogy. 14 Freedom from Religion Foundation is like that stranger 15 that shows up at your door and tells you that your 16 cousin Millie, who you vaguely remember, said that you 17 were hospitable people, you were a wonderful person and 18 you certainly wouldn't turn a stranger away, and so with 19 that you allow them to go up into your guest bedroom and 20 you throw Jimmy your cousin down into the living room on 21 the sofa. About a week later you come home to find that 22 Jimmy's no longer in your home because he has offended 23 the stranger. With that you go to seek out the 24 stranger, and the stranger gives you a list of offenses, 25 in your own home, and tells you that you need to correct 10 1 these. Well, having been stunned by this, you walk up 2 to the stairs to your guest bedroom and discover that 3 there are three more strangers now residing in your 4 guest bedroom whom they have invited. And they also 5 hand you a list of issues that they find offensive about 6 your home. 7 Subsequently to that, you're now stunned but 8 you call law enforcement and say we would like to have 9 these people removed, except that law enforcement tells 10 you there's a seven-day rule. And since they've been 11 under your roof for more than seven consecutive days 12 you need to begin eviction proceedings. You serve them 13 the eviction notice only to come home at the end of the 14 day and find that they've changed the locks on your 15 doors, and now you and your family are out of your 16 house. There's a scripture item that says that we are 17 to love those that come into our midst; however true 18 religion is to love the widows and the orphans. I leave 19 you with that, and I ask you to use wisdom in your 20 considerations today. Thank you and God bless you. 21 JUDGE POLLARD: You, Sir. 22 COMMISSIONER MOSER: Thank you. 23 JUDGE POLLARD: All right. Is there anyone 24 else wishing to speak in this part of the public forum 25 not on an item on the agenda? There being none, we're 11 1 going to the regular agenda then. 2 First of all this part is Commissioners and 3 the Judge have the opportunity to state something, 4 achievements or whatever. Mr. Baldwin. 5 COMMISSIONER BALDWIN: Judge, I'll hold it 6 until later. Thank you very much. 7 COMMISSIONER MOSER: Thank you, Judge. I 8 want to mention a couple things. Number one, just to 9 remind everybody that's interested there's a town hall 10 meeting tonight. It's at the Union Church on the 11 subject of the Wastewater System at Castlecomb. So I 12 think that we'll have a number of elected officials 13 there trying to wrestle with the problem that doesn't 14 have an obvious solution, but probably will. We'll 15 figure out some way to do that. 16 Same thing is a follow-up with what 17 Commissioner Letz said, is recognition of Councilman 18 Stork. He was a big part of the City Council, and just 19 remind everybody I submit that the City and the County 20 have no issues today. We're still working the library 21 thing, but the -- because of Gary and the other members 22 of the City Council and Commissioners' Court, that I 23 just do not know of any issues that exist between the 24 two entities. 25 On the subject real quickly of the library, 12 1 there's an attempt to remove a lot of books from the 2 schools and the libraries. The City has released, has a 3 letter out so I want to just read two sentences of it. 4 In support of the right to choose books freely on an 5 individual basis, the American Library Association and 6 the Butt Holdsworth Memorial Library are supporting ban 7 book week September 25th through October the first. 8 This years observant commemorates the most basic freedom 9 in the democratic society of the freedom to read without 10 restriction, and encourages individuals not to take this 11 freedom for granted. So thank you, Judge. 12 JUDGE POLLARD: All right. I don't have 13 anything at this time. Mr. Letz. 14 COMMISSIONER LETZ: I have nothing. 15 JUDGE POLLARD: Mr. Reeves. 16 COMMISSIONER REEVES: A lot going on in the 17 County, and had a very successful stock show dinner. I 18 believe His Honor was the lucky one this week, so we can 19 applaud that. The 8th of October will be before we meet 20 again, and I can already see Commissioner Baldwin 21 thinking about it, Mountain Home Fire Department has 22 their big fund raising dinner and steak dinner, so 23 invite everybody out there, because that's one of the 24 ways that they keep us safe is through the voluntary 25 fire departments, and -- 13 1 JUDGE POLLARD: This weekend? 2 COMMISSIONER REEVES: The 8th. A week from 3 Saturday. And the wild game dinner is this Saturday. 4 So there's another meal, Commissioner Baldwin. 5 COMMISSIONER BALDWIN: Thank you. Slow 6 down, I'm having to write all this down. 7 COMMISSIONER REEVES: You're just getting 8 hungry. I understand. 9 JUDGE POLLARD: We oughta have menus here 10 for him when we announce that. 11 COMMISSIONER BALDWIN: I heard you talking 12 about we're going to work through until 1:30 or two, we 13 need to talk about that. 14 JUDGE POLLARD: Oh. Well -- 15 COMMISSIONER REEVES: Perhaps we can ask Mr. 16 Voelkel, he usually finds a good place to lunch. He can 17 bring us something. 18 JUDGE POLLARD: All right. Let's to go item 19 1.1 on the agenda. This is a public hearing regarding 20 the revision of the plat for tracts 1A and 1B of Bluff 21 Creek Ranch Subdivision, plat record volume 7, page 92 22 in Precinct 1. I declare the public hearing open. Is 23 there anybody wishing to speak on this issue? There 24 being none, I'll declare the public hearing closed. 25 We'll go to item 1.2. And it's a timed 14 1 item, we're okay. Consider, discuss and take 2 appropriate action regarding the final revision of plat 3 for tracts 1A and 1B of Bluff Creek Ranch Subdivision, 4 plat record volume 7, page 92 in Precinct 2. 5 Mr. Hastings. 6 MR. HASTINGS: Thank you. We just had the 7 public hearing for this, and the owners of tracts 1A and 8 1B of Bluff Creek Ranch Subdivision wishes to combine 9 both tracts into track 1R, for a total of 59.73 acres. 10 This proposed tract is located outside of high density 11 development area, and meets the minimum required lot 12 size of greater than five acres for lots served by 13 individual water well and OSSF, and the maximum number 14 of lots of 11, there's only one proposed tract, and 15 they're good on their frontage as well. The County 16 Engineer requests that the Court approve the final 17 revision of plat for Tracts 1A and 1B of Bluff Creek 18 Ranch Subdivision, plat record volume 7, page 92, 19 Precinct 2. 20 COMMISSIONER BALDWIN: At the request of the 21 County Engineer, I move for approval. 22 COMMISSIONER LETZ: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Baldwin, seconded by Commissioner Letz for approval of 25 the final revision of the plat for tracts 1A and 1B of 15 1 Bluff Creek Ranch Subdivision, plat record volume 7, 2 page 92. Is there any further discussion? There being 3 no further discussion or comment, those in favor of the 4 motion signify by raising your right hands. It's four 5 zero, unanimous. Thank you very much. 6 Item 1.3 consider, discuss and take 7 appropriate action regarding the final revision of plat 8 for lots 4-A and 4-B of Sheppard Hills Estates, volume 9 7, page 38 in Precinct 1. Mr. Hastings. 10 MR. HASTINGS: Thank you. A public hearing 11 for this one was conducted on March 28th of 2016. Neil 12 Rinearson is a trustee owns lot 4-A and Monica Wilhite 13 owns lot 4-B. Both property owners would like to change 14 the center lot line and change the angle of their access 15 to Spanish Oak Drive. The proposed revision of plat 16 would like lot 4-A1 3.14 acres and Lot 4-B1 2.76 acres. 17 They are on a water system over there. And County 18 Engineer requests that the Court approve the final 19 revision of plat for lots 4-A and 4-B of Sheppard Hills 20 Estates, volume 7, page 38, Precinct 1. 21 COMMISSIONER BALDWIN: Judge, I move for 22 approval at the request of the County Engineer. 23 COMMISSIONER MOSER: Second. 24 COMMISSIONER REEVES: Second. 25 JUDGE POLLARD: Moved by Commissioner 16 1 Baldwin, seconded by Commissioner Moser that the final 2 revision of the plat for lots 4-A and 4-B of Sheppard 3 Hills Estates that's in volume 7 page 38 of the plat 4 records in Precinct 1 be approved. And is there any 5 further comment, question? There being none, those in 6 favor of the motion signify by raising your right hand. 7 You in favor Mr. Reeves? Oh, I didn't see it, okay. 8 Four zero, it passes. 9 All right, item 1.4, we're about a minute 10 short. 11 COMMISSIONER REEVES: Yes, Sir. 12 JUDGE POLLARD: We're going to have to go to 13 1.6 consider, discuss and take appropriate action to 14 review the Kerr County investment policy and strategy. 15 That's pursuant to the Texas Government Code section 16 2256.005(e) and broker/dealer list for Kerr County's 17 investment policy in accordance with the public funds 18 investment act (Texas Government Code 2256.005(k). 19 Changes to the investment policy include: (1) addition 20 of the center for public management and Texas 21 Association of Counties to the list of entities to 22 obtain investment training from, and (2) delete the 23 Texas Municipal League from the list of entities we can 24 obtain investment training from, and (3) change the word 25 "and" to "an" in the second paragraph on page 5. Whew. 17 1 Tracy Soldan, you're up. 2 MRS. SOLDAN: Thank you. This is really 3 just clean up to the investment policy. This is not a 4 legislative year so there were no changes to the PFIA. 5 And I'm just requesting that we add those places that we 6 can obtain training from, since actually the investment 7 committee does get their training from TAC, and then 8 also to delete Municipal League, the Texas Municipal 9 League, because they train for City Government; not 10 County Government. And then the word "and" to "an" is 11 just a grammatical error. 12 COMMISSIONER MOSER: Move for approval. 13 COMMISSIONER BALDWIN: Second. 14 COMMISSIONER REEVES: Second. 15 JUDGE POLLARD: Moved by Commissioner Moser, 16 seconded by -- 17 COMMISSIONER BALDWIN: He did. 18 JUDGE POLLARD: -- by Commissioner Reeves 19 for approval of all of that stuff, man, item 1.6 all 20 those changes that item 1.6 in the agenda. Now, I'm not 21 going to read it all at this time. Is there any further 22 comment, suggestions, questions? If not, those in favor 23 of the motion signify by raising your right hand. It's 24 four zero, unanimous. 25 I now think it's 9:15 a.m. or a little past, 18 1 go back to 1.4 consider, discuss and take appropriate 2 action to set a public hearing on November 14, 2016 at 9 3 a.m. for the Court to consider, discuss and take 4 appropriate action on a revision of plat for lots 4, 5 5 and 6 of Pecan Valley Subdivision in volume 4, page 198. 6 I presume that's of the Plat Records -- 7 MR. HASTINGS: Yes, Sir. 8 JUDGE POLLARD: -- correct? It's in 9 Precinct 2. Mr. Hastings. 10 MR. HASTINGS: Frank and Judy Schaefer own 11 lots 4, 5 and 6 of the Pecan Valley Subdivision, volume 12 4 page 198. They wish to combine lots 4 and part of lot 13 five into 4-R, be 7.56 acres. And the other part of lot 14 five with lot six into lot 5-R, be 11.04 acres. The 15 County Engineer requests that the Court set a public 16 hearing on November 14, 2016 at 9 a.m. for the Court to 17 consider, discuss and take appropriate action on a 18 revision of plat for lots 4, 5 and 6 of Pecan Valley 19 Subdivision, recorded in volume 4 page 198, Precinct 2. 20 COMMISSIONER MOSER: So move. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE POLLARD: Been moved by Commissioner 23 Moser, seconded by Commissioner Baldwin to set a public 24 hearing on November 14, 2016 at 9 a.m. for the Court to 25 consider, discuss and take appropriate action on a 19 1 revision of plat for Lot 4, 5, and 6 of Pecan Valley 2 Subdivision. Which subdivision is of record in volume 3 4, page 198 of the Plat Records of Kerr County, Texas. 4 Is there any further comment or discussion? There being 5 none, those in favor signify by raising your right 6 hands. It's four zero, unanimous. Thank you. 7 All right, 1.5 consider, discuss and take 8 appropriate action on request to allow the Road and 9 Bridge Department to perform work in the outdoor arena 10 at the Hill Country Youth Event Center for the Kerr 11 County Fair. Is Mr. Williamson here? If not -- 12 COMMISSIONER REEVES: Have not seen Jake 13 here. I think Mr. Taylor may apprise us as to what's 14 being done on this. 15 JUDGE POLLARD: You need to identify 16 yourself first. 17 MR. TAYLOR: Richard Taylor. You want my 18 address, too? 19 JUDGE POLLARD: Yeah. 20 MR. TAYLOR: 1519 Ranchero Road. 21 JUDGE POLLARD: Okay. Thank you. 22 MR. TAYLOR: We want to have an antique 23 tractor pull, and we asked Road & Bridge to build us a 24 track three hundred foot long by 30 feet wide. And 25 it'll go back to natural ground when we're done. It's 20 1 just try to get something for the Kerr County Fair to 2 help it a little bit. 3 JUDGE POLLARD: Sounds fun. 4 MR. TAYLOR: I think it will be. 5 COMMISSIONER REEVES: Richard, is this one 6 part of the agenda says in the outdoor arena, and then 7 the backup said next to it. 8 MR. TAYLOR: Between the arena and the fence 9 on the west side. 10 COMMISSIONER REEVES: On the west side. 11 MR. TAYLOR: Between the barn. 12 COMMISSIONER LETZ: What is -- what is 13 required to build a track? 14 MR. TAYLOR: Just blade it out, roll it, 15 water it. 16 COMMISSIONER LETZ: Kelly back there? 17 MS. HOFFER: We can do it. 18 COMMISSIONER LETZ: No problem? 19 MS. HOFFER: No problem. 20 COMMISSIONER REEVES: Move for approval of 21 the agenda item, but it would be worded next to the 22 outdoor arena; not in the outdoor arena. 23 COMMISSIONER LETZ: Second. 24 JUDGE POLLARD: Been moved by Commissioner 25 Reeves, seconded by Commissioner Letz to allow the Road 21 1 and Bridge Department to perform work in the outdoor 2 arena -- outside of the -- on the west side, I guess it 3 is, of the outdoor arena at Hill Country Youth Event 4 Center, for purposes of a tractor pull for the Kerr 5 County Fair. Is that a fair statement of it? 6 COMMISSIONER REEVES: Yes, Sir. 7 JUDGE POLLARD: All right. Is there any 8 further discussion or comment regarding same? 9 COMMISSIONER MOSER: County ever had a 10 tractor pull before? 11 MR. TAYLOR: No. 12 COMMISSIONER MOSER: Okay, great. 13 JUDGE POLLARD: You going to participate? 14 MR. TAYLOR: Yes. My deal. 15 JUDGE POLLARD: It's your deal. 16 MR. TAYLOR: We got a lot of people. It 17 oughta be fun. 18 JUDGE POLLARD: Thank you, Richard. 19 MR. TAYLOR: Thank y'all. 20 JUDGE POLLARD: Any further comment? If 21 not, those in favor signify by raising your right hands. 22 It's four zero, unanimous. Thank you very much. 23 All right, not quite 9:30 a.m., so we'll 24 skip to 1.8. Consider, discuss and take appropriate 25 action to approve renewal of Texas Association of 22 1 Counties County Choice Silver Retiree medical/RX 2 supplemental for 2017 and to have the County Judge sign 3 same. Mrs. Lantz. 4 MRS. LANTZ: Good morning, Judge, 5 Commissioners. This is just our renewal for the retiree 6 medical for those employees who are over 65, who are not 7 on our regular retiree insurance. I'm just requesting 8 the Court for approval. 9 COMMISSIONER BALDWIN: So move. 10 COMMISSIONER LETZ: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Baldwin, second by Commissioner Letz to approve the 13 renewal of Texas Association of Counties Choice Silver 14 Retiree Medical/RX supplemental for 2017 and to have the 15 County Judge sign same. Any further discussion or 16 comment? 17 COMMISSIONER LETZ: Just a comment. It 18 looks like the premium went up about 9 dollars. 19 JUDGE POLLARD: Percentage wise, that's how 20 much? 21 MRS. LANTZ: Two percent, I believe, is 22 what -- around two percent for the medical prescription. 23 I think the prescription went up a little bit more than 24 the medical. 25 JUDGE POLLARD: Okay. Any further questions 23 1 or comments? If not, those in favor signify by raising 2 your right hands. It is four zero, unanimous. And it 3 does pass. 4 Still not 9:30, so we go to 1.9 consider, 5 discuss and take appropriate action to renew the Texas 6 Association of Counties Risk Management Pool's workers' 7 compensation program and have the County Judge sign 8 same. Mrs. Lantz. 9 MRS. LANTZ: Again, this is on our yearly 10 renewal with Texas Association of Counties for our 11 workers compensation. We have to complete our payroll 12 information and submit it in order to get our rates. So 13 that is what I have submitted to the Court. And also, 14 any changes that we're wanting to do as far as insuring 15 volunteers and/or for voluntary fire fighters and/or 16 first responders. And we currently have all those 17 insured under our policy. 18 COMMISSIONER LETZ: Move for approval. 19 COMMISSIONER MOSER: Second. 20 JUDGE POLLARD: All right. Moved by 21 Commissioner Letz, seconded by Commissioner Moser for 22 approval of the Texas Association of Counties Risk 23 Management Pool workers' compensation program, and to 24 have the Judge -- County Judge sign same. Any further 25 comments or questions? There being none, those if favor 24 1 signify by raising your right hands. It's four zero, 2 unanimous. 3 Still not 9:30, 9:45 either. We're moving 4 right along. 5 COMMISSIONER MOSER: Going down to 116. 6 JUDGE POLLARD: All the way down to 1.16 7 consider, discuss and take appropriate action to approve 8 setting the cost for a copy of the fiscal year 2016-17 9 budget. 10 MRS. REBECCA BOLIN: Good morning. 11 JUDGE POLLARD: Good morning, Rebecca Bolin. 12 MRS. REBECCA BOLIN: This year I am 13 requesting that we set an electronic copy at five 14 dollars, which is the same as last year, 40 dollars for 15 loose leaf paper copy, which is the same as last year. 16 And after talking with the Auditor, they're going to be 17 getting copies from So Fast Printing, requesting that 18 copy be set at 60. 19 COMMISSIONER MOSER: So one of them we make 20 the copy, the other one somebody else makes, that be the 21 difference between 40 and 60, right? 22 MRS. REBECCA BOLIN: The 40 is just loose 23 leaf paper. If they want a printed copy of the budget 24 the 60 dollars is actually printed from the printing 25 company. 25 1 COMMISSIONER REEVES: And bound. 2 MRS. REBECCA BOLIN: And bound. It's the 3 shiny copy. 4 COMMISSIONER MOSER: So move. 5 COMMISSIONER BALDWIN: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Moser, seconded by Commissioner -- 8 COMMISSIONER BALDWIN: I'm Baldwin. 9 JUDGE POLLARD: -- Baldwin, it's Precinct 1, 10 to approve cost of the copy of the fiscal year 2016 and 11 '17 budget. Any further comment or discussion? There 12 being none, those in favor of the motion signify by 13 raising your right hands. It's four zero, unanimous. 14 That includes Commissioner Baldwin. 15 MRS. REBECCA BOLIN: Thank you. 16 JUDGE POLLARD: All right. It's still not 17 9:30, so we gotta go to item 1.17 consider, discuss and 18 take appropriate action on request from appointed and 19 elected officials to appoint clerks and assistance for 20 their offices, pursuant to the Local Government Code 21 Chapter 151. 22 Now, if you'll look in your agenda package 23 you'll see request from the Department heads for 24 appointment of their employees, and as I scanned them, I 25 thought each one of them said that it was in accordance 26 1 with the proposed adopted budget. And so what are your 2 wishes? 3 COMMISSIONER BALDWIN: Are all of them here? 4 JUDGE POLLARD: I didn't notice that. 5 MRS. GRINSTEAD: I don't know. All that I 6 received are there, but I didn't do a checklist. 7 JUDGE POLLARD: Well, then it would be 8 approval then of only those that are in the agenda 9 package. There's quite a few. 10 COMMISSIONER BALDWIN: Yeah. So I make that 11 motion, Sir. 12 COMMISSIONER LETZ: Second. 13 JUDGE POLLARD: Moved by Commissioner 14 Baldwin, seconded by Commissioner Letz that we approve 15 the appointment of the elected officials to appoint 16 clerks and assistants for their office pursuant to the 17 Local Government Code and in accordance with the 18 proposed adopted budget -- proposed to be adopted 19 budget, and only those that are in the agenda package. 20 If there are others that have not submitted they're not 21 included in this approval. Any further comment or 22 discussion? 23 COMMISSIONER LETZ: I move to request that 24 we put the list of those that were attached in the 25 motion -- I mean in the Court order, so that it's clear 27 1 who did, so we can just bare that list. 2 COMMISSIONER BALDWIN: Good idea. Good 3 idea. 4 COMMISSIONER LETZ: And that's okay with 5 you, Commissioner Baldwin? 6 COMMISSIONER BALDWIN: That's a great idea. 7 JUDGE POLLARD: I think it is, too. All 8 right, there is a request from Tracy Soldan, County 9 Treasurer, there's a request from Tim Bollier of the 10 Maintenance Department, there's a request from Judge 11 Mitzi French, Justice of the Peace Precinct 1, there is 12 a request included from Heather Stebbins, the County 13 Attorney, there is one from Judge Kathy Mitchell, 14 Justice of the Peace Precinct 3, there is a request from 15 Rosa Lavender of the Indigent Services co-supervisor, 16 and Kerr County Human Resources Department Dawn Lantz, 17 Kerr County Auditor's Department for Brenda Doss, John 18 Trolinger, IT Manager, from Scott F. Monroe, the 198th 19 District Attorney, from W. R. Hierholzer, I think 20 he's -- let's see he's with the Sheriff's office, I 21 think. 22 COMMISSIONER BALDWIN: I'm not sure. 23 JUDGE POLLARD: All right. And there's one 24 from the Deputy Tax Assessor Collector, that's Diane 25 Bolin. She's not the Deputy; she is. Kerr County 28 1 Engineering Department, Mr. Hastings. There's one from 2 Susan Harris, the County Court at Law Judge, there's one 3 from Keith Williams, the District Judge from the 216th 4 Judicial District. There's one from J. R. Hoyne, 5 Justice of the Peace Precinct 2, there's one from Ray 6 Garcia, Director of the Kerr County Environmental Health 7 and Animal Services Department. There's one from 8 William Ragsdale, Justice of the Peace up in Ingram. 9 COMMISSIONER MOSER: Precinct 4. 10 COMMISSIONER REEVES: 4. 11 JUDGE POLLARD: And there's one from the 12 Kerr County Juvenile Probation Department over signature 13 of Jason P. Davis, Chief of the Kerr County Juvenile 14 Probation Department. There's one from the Kerr County 15 juvenile facility, sometimes referred to as the 16 detention facility, is over the signature of Jason P. 17 Davis. There's one from Kerr County Road & Bridge over 18 the signature of Kelly Hoffer. There's one from Rebecca 19 Bolin the County Clerks' office, and that's it. 20 If there's some missing, they're not 21 included. All right. Those are added to the motion as 22 a list. Any further comments or questions? If not, 23 those in favor of the motion signify by raising your 24 right hands. It four zero, unanimous. 25 All right, the next item on the agenda is -- 29 1 COMMISSIONER REEVES: It is 9:30. 2 JUDGE POLLARD: It is 9:30. Item 1.7 3 presentation of the Safety Gold Star Award from the 4 Texas Association of Counties. Larry Boccaccio. 5 MR. BOCCACCIO: Good morning, Judge. 6 JUDGE POLLARD: How you doing? 7 MR. BOCCACCIO: I'm good. How are y'all? 8 JUDGE POLLARD: Absolutely fantastic. 9 MR. BOCCACCIO: I swam here from Austin this 10 morning, so I made it. Well, real briefly I want to 11 read you a couple paragraphs. It says Kerr County has 12 earned the 2015 Gold Star Safety Award from the TAC Risk 13 Management who for its record of excellence in 14 involvement and commitment to safety in the work place. 15 Kerr County is one of approximately three hundred 16 governmental entities that participate in the TAC Risk 17 Management Pool. Only six Texas counties receive the 18 2015 Gold Star Award, so congratulations. And it'll fit 19 real nice up there on that wall in there with all the 20 rest of them. 21 COMMISSIONER MOSER: So six out of 254. 22 MR. BOCCACCIO: Six out of 254. 23 JUDGE POLLARD: How many times has Kerr -- 24 did Kerr County get it last year? 25 MR. BOCCACCIO: Yes. What's it been, Dawn? 30 1 JUDGE POLLARD: And how many years 2 successively? 3 MR. BOCCACCIO: I'd have to go count them, 4 but I see about five of them hanging up there right now. 5 MR. BOLLIER: Looks like six in a row. 6 MR. BOCCACCIO: So you guys are doing great. 7 JUDGE POLLARD: Got a pretty good record. 8 MR. BOCCACCIO: There's one other thing. I 9 don't have the awards, but I'm going to embarrass her if 10 she's here. 11 MRS. LANTZ: She's in the back. 12 MR. BOCCACCIO: It was presented at 13 Galveston at the TAC risk management CMRC County Risk 14 Management Pool, it was called the making a difference 15 award. And there are only three of those given out 16 statewide, and Kelly received mine. So congratulate 17 her. (Applause.) And I know you have a big agenda, so 18 I'll shut up, how's that. 19 COMMISSIONER MOSER: This is just risk 20 management for employees; not for facilities and all 21 that kind of stuff, correct? 22 MR. BOCCACCIO: Commissioner, it's 23 everything. It's mainly workers' comp related. But 24 this looks at general liability, auto liability, all 25 that good stuff. 31 1 COMMISSIONER MOSER: Okay. Good deal. 2 COMMISSIONER LETZ: Just make a comment, 3 while it's nice to get the award, it saves the taxpayers 4 a lot of money. 5 MR. BOCCACCIO: Absolutely. 6 COMMISSIONER LETZ: Which causes our rates 7 to stay low for all of our insurance, which is a big 8 plus that we all benefit from. 9 MR. BOCCACCIO: Yeah. As that experienced 10 modifier goes down, these premiums decrease as well. So 11 it's a win-win situation for everybody. 12 JUDGE POLLARD: Thank you very much. 13 COMMISSIONER BALDWIN: Thank you, Larry. 14 COMMISSIONER LETZ: Thank you, Larry. 15 JUDGE POLLARD: Have of a safe trip back. 16 MR. BOCCACCIO: Okay. 17 COMMISSIONER MOSER: Keep the rain coming. 18 MR. BOCCACCIO: Absolutely. 19 JUDGE POLLARD: Not 9:45 yet, so we'll go 20 back to 1.17 consider -- 21 COMMISSIONER REEVES: We did that one. 22 JUDGE POLLARD: Yeah, we did. 1.20 23 consider, discuss and take appropriate action to approve 24 a customer service agreement with UniFirst for the 25 maintenance department uniforms and floor mats for the 32 1 various county buildings. 2 MRS. DOSS: We discovered that Unifirst was 3 on the purchasing coop, the BuyBoard, so we spoke with 4 them and we found out that we could save about 50 5 percent on what we're paying for the uniforms and that. 6 So this contract that will replace the contract that we 7 now have in place. 8 COMMISSIONER BALDWIN: I move for approval. 9 JUDGE POLLARD: Commissioner Baldwin moves 10 for approval of the -- 11 COMMISSIONER REEVES: I'll second it. 12 JUDGE POLLARD: Seconded by Commissioner 13 Reeves for approval of item 1.20 to approve the customer 14 service agreement with the UniFirst for the maintenance 15 department uniforms and the floor mats for various 16 county buildings because they're a member of the 17 BuyBoard, I think. So any further comments or questions 18 about it? If not, those in favor of the motion signify 19 by raising your right hand. It's four zero, unanimous. 20 It passes. 21 Let's go to 1.21 consider, discuss and take 22 appropriate action to authorize a request for proposal 23 for a panelfold door to divide the event hall at the 24 Hill Country Youth Event Center. Commissioners Letz and 25 Reeves. 33 1 COMMISSIONER LETZ: I'll start off. We can 2 actually pass on this until next meeting. I mean I 3 haven't -- I know you looked at that one RFP. Is it 4 ready to go? 5 MRS. STEBBINS: It is ready to go, just new 6 dates need to be put in there. 7 COMMISSIONER LETZ: Okay. But it wasn't in 8 the packet. 9 COMMISSIONER MOSER: It wasn't in the 10 packet. 11 COMMISSIONER REEVES: Let's pass on that 12 one. 13 COMMISSIONER LETZ: Pass on it and see if we 14 come back after lunch we can handle that. Just pass on 15 it for the time being. 16 JUDGE POLLARD: All right. Let's go to item 17 1.22 consider, discuss and take appropriate action 18 regarding hazardous waste material event including 19 allowing the Kerr County Environmental Health Department 20 and Animal Services employees to work at an event to be 21 held at Hill Country Youth Event Center on December 10, 22 2016. The event times will be from 8 a.m. to 1 p.m. 23 Commissioner Reeves and Ray Garcia. 24 COMMISSIONER REEVES: I'll start off, and 25 then Ray can add what he needs to. If you'll recall at 34 1 the last meeting that Kerr County had received a grant 2 in the amount of 25 thousand dollars from Alamo Area 3 Council of Governments for the disposal of hazardous 4 household waste. This had been a service, but owned by 5 the City of Kerrville they had received the grants for 6 several years and because of receiving them so many 7 times they couldn't apply for them again. 8 The City of Kerrville will be working with 9 us as they will provide approximately ten thousand 10 dollars in additional funding out of their budget to 11 cover what the grant will not cover. A couple weeks ago 12 right after our last meeting Mrs. Grinstead, Mr. Garcia, 13 Mrs. Badders from Environmental Services, Jake 14 Williamson from the Event Center, myself and David 15 Barrerra from the City of Kerrville met looking at the 16 needs and the times that were available. We're 17 proposing to hold it on December 10th. It will be held 18 in the new show barn, will be where the hazardous waste 19 will be picked up. In addition, there will be a place 20 to drop off electronics or E-waste, as well as tires. 21 In our discussion at that, we've learned 22 that in the past the City when they held their drive, 23 had additional services available. Just to make it a 24 community event what we're hoping is to have animal 25 services be able to have a pet adoption that week. 35 1 Possibly because of the time of year a food drive as 2 well as Mrs. Grinstead being on the Kerr County child 3 services board was talking that recently Hosanna 4 Lutheran Church had a small drive and they collected 52 5 pair of blue jeans and about 500 and 40 dollars in cash 6 from a drive. We figure why not try to work that into 7 helping with the Kerr County Services Board, so it'll be 8 a day that will be serving a lot of needs to the entire 9 County, regardless whereabouts you live in the County 10 it will be there available for it. The City has 11 indicated they're looking forward to working on this. 12 The hazardous waste will be removed that day. We have 13 to notify the State 45 days in advance, there's some 14 regulatory things that we're all working on that end of 15 it. But nonetheless part of this agenda item was just 16 to bring everybody up to date. The other part of it 17 will be to allow Mr. Garcia's Department to provide the 18 manpower on the county's share, and I'll let Ray add to 19 whatever he needs to do at this time. 20 MR. GARCIA: We'll be adding personnel for 21 security as far as traffic inside the compound there. 22 Employees will also be directing inside with the hazmat 23 folks, the folks that end up acquiring this program. 24 One of the things that we discussed with Commissioner 25 Reeves and everybody out there was we're going to make 36 1 sure the deputies stay inside for traffic control. And 2 then after one o'clock we're going to shut the gates, 3 just for the public information. That way again with 4 Mr. Barrerra -- 5 JUDGE POLLARD: Can everybody hear out 6 there? 7 MR. GARCIA: With the information that 8 Mr. Barrerra provided us on the past event you'll have 9 stragglers come in and sometimes they'll leave their 10 hazardous waste there without proper supervision. And 11 again from 8 to 1, I want to make sure the public 12 understands from 8 to 1. After one o'clock the gates 13 will close, and no more hazardous waste or any other 14 type of waste will be delivered or accepted. 15 COMMISSIONER REEVES: And I'd like to point 16 out our employees will not be the ones handling the 17 waste. We're not going to be placing them in that. 18 They'll be a company there that will handle the waste. 19 Ours are more for logistics, traffic control as well as 20 the pet adoption. So I would like to make a motion to 21 authorize employees from the Environmental Health 22 Department and Animal Services of Kerr County to be able 23 to work that event, being December 10, 2016. 24 COMMISSIONER BALDWIN: Second. 25 COMMISSIONER MOSER: He seconded it. 37 1 JUDGE POLLARD: All right, been moved by 2 Commissioner Reeves, seconded by Commissioner Baldwin 3 to authorize the employees of the animal services -- 4 animal services department, environmental health 5 department to work and as I understand to assist in a 6 pet adoption portion of it and to provide traffic 7 control, is that correct? 8 COMMISSIONER REEVES: That's correct. 9 JUDGE POLLARD: Is there any further comment 10 or discussion about the motion? 11 COMMISSIONER BALDWIN: County and City. 12 COMMISSIONER REEVES: Yes. 13 JUDGE POLLARD: Okay. If there's no further 14 comment, those in favor of the motion signify by raising 15 their right hands. Four zero, unanimous. 16 All right, it's still not 9:45 so we'll go 17 to 1.23. 18 COMMISSIONER MOSER: 1.24. 19 COMMISSIONER REEVES: 23. 20 COMMISSIONER MOSER: Oh, excuse me. I'm 21 sorry. 22 JUDGE POLLARD: I'm easy to be confused, 23 quit working me like that. 1.23 consider, discuss and 24 take appropriate action to close Riverside Drive for the 25 hazardous waste event at the Hill Country Youth Event 38 1 Center on December 10, 2016. Event times to be 8 a.m. 2 to 1 p.m. Commissioner Reeves and Ray Garcia again. 3 COMMISSIONER REEVES: Yes, Sir, this is to 4 close Riverside Drive behind the Event Center from the 5 corner of River Star events park, which would be the 6 basically the southwest corner of the County property 7 back to the southeast corner of the event center. We're 8 doing this to be able to facilitate traffic in and out 9 during that event time. 10 As the Event Center gets used more we're 11 having to come back to Court more and more to close this 12 road. I move for approval of the agenda item. 13 COMMISSIONER MOSER: Second. 14 JUDGE POLLARD: All right. It's been moved 15 for approval of closure of Riverside Drive for the 16 hazardous waste material event at Hill Country Youth 17 Event Center on December 10, 2016. The event to be from 18 8 a.m. to 1 p.m. on this date. Is there any further 19 comment or discussion? There being none, those in favor 20 signify by raising your right hands. It's four zero, 21 unanimous. 22 Now, may I go on to 1.24? 23 COMMISSIONER MOSER: You may. That's 24 exactly right. 25 JUDGE POLLARD: Consider, discuss and take 39 1 appropriate action to rescind court order number 32068, 2 which is the pick up fees for euthanized animals. 3 Mr. Garcia. 4 MR. GARCIA: I'm requesting that the order 5 be rescinded. This service is no longer provided 6 October 1 we will discontinue that service upon approval 7 of the Commissioners' Court. 8 COMMISSIONER LETZ: Move for approval. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE POLLARD: Commissioner Letz moved for 11 approval and seconded by Commissioner Baldwin. Is there 12 any discussion or comment? 13 COMMISSIONER BALDWIN: Ray, what are you 14 talking about? 15 MR. GARCIA: This was pick up fees for local 16 veterinarians. This had been in place for sometime. 17 This is part of the house cleaning or house keeping for 18 that department in terms of budgeting. This is one of 19 the items that I had gone over and I evaluated again 20 with the call for either to balance the budget in my 21 department, or to reduce it, well this is one of the 22 items that we had for ongoing services in there that was 23 counterproductive that what we were trying to do in that 24 department for County taxpayers as well. 25 COMMISSIONER LETZ: A comment real quick. 40 1 COMMISSIONER BALDWIN: Yeah, please. 2 COMMISSIONER LETZ: We were basically 3 picking up the euthanized animals at the veterinarians 4 at 30 dollars, and it was a subsidy to those 5 veterinarians and we're discontinuing it, so they will 6 pay the actual price, and to dispose of the animals. 7 JUDGE POLLARD: Picking up dead animals. 8 COMMISSIONER REEVES: And I'll point out it 9 was 30 dollars per load; not 30 dollars per animal. 10 COMMISSIONER LETZ: It was something that in 11 my mind if I look back at it, it was a service, but 12 there's no reason that we should subsidize any private 13 business. 14 COMMISSIONER MOSER: For private business, 15 that's the key. 16 COMMISSIONER BALDWIN: That's the reason I 17 seconded it. 18 COMMISSIONER MOSER: The reason we're all 19 going to vote for it. 20 JUDGE POLLARD: You were in search of a 21 reason? 22 COMMISSIONER BALDWIN: No. I knew what it 23 was, I just wasn't sure you did. 24 JUDGE POLLARD: I did. Actually I did. Ray 25 had warned me ahead of time about it. Any further 41 1 comments? If not, those in favor of the motion signify 2 raising your right hands. It's four zero, unanimous. 3 All right, it's now 9:45. Item 1.10 public 4 hearing on proposed Kerr County budget for fiscal year, 5 2016 and 2017. It's right here I declare the public 6 hearing open. Anybody wish to comment on it, or have 7 questions about it or whatever? Okay, there being none, 8 I close the public hearing. 9 What's the next one, 1.25 consider, discuss 10 and take appropriate action to adopt new Kerr County 11 Animal Services fee schedule. Mr. Garcia. 12 MR. GARCIA: This is replaced and renewed by 13 the rescinding of the order and those fees for the pick 14 up of euthanized animals, to remove that. 15 COMMISSIONER REEVES: So the only change is 16 deletion of the item we just voted on. 17 MR. GARCIA: Yes. 18 COMMISSIONER LETZ: Move for approval. 19 COMMISSIONER REEVES: Second. 20 JUDGE POLLARD: Commissioner Letz moved for 21 approval of item 1.25 on the agenda, and that was to 22 adopt the new Kerr County animals fee schedule, seconded 23 by Commissioner Reeves. Is there any further discussion 24 or comment? There being none, those in favor of the 25 motion signify by raising your right hands. It's four 42 1 zero, unanimous. 2 1.26 consider, discuss and take appropriate 3 action to authorize Kerr County Sheriff's Office to 4 accept a donation of a thousand dollars from the Ranch 5 Radio Station and Ken Stoepel Ford. 6 SHERIFF HIERHOLZER: What this was is some 7 of you may have heard they had a song writing contest on 8 the Ranch Radio Station for all. It was kind of 9 considered a serve and protect writing contest, which 10 was held by Ranch Radio and sponsored by Ken Stoepel 11 Ford and Mini Mart and other ones. And there were songs 12 that people come write and send in about their favorite 13 law enforcement agency or whatever, and the first place 14 winner would get 15 hundred dollars, and second place 15 got a thousand dollars, and third place got five hundred 16 dollars is I think the way it was. And the man that won 17 the second place writing contest wanted his donation to 18 go to the Kerr County Sheriff's office, but the donation 19 is actually done by Ken Stoepel Ford, who was the 20 sponsor. But it was donated to the Sheriff's office. 21 And all I'm asking is for permission to accept that 22 donation to be spent on the officers and the employees 23 of the Sheriff's Department in some fashion. 24 COMMISSIONER MOSER: So move. 25 COMMISSIONER BALDWIN: Second. 43 1 COMMISSIONER MOSER: Who was the donor? 2 SHERIFF HIERHOLZER: Ken Stoepel Ford is the 3 one that donated it. But the song I forget the man's 4 name that wrote it. He was from up at Hunt that wrote 5 the song, and then I think it was performed by Thomas 6 Michael Riley on the radio station or something like 7 that. 8 JUDGE POLLARD: You're not going to sing it? 9 SHERIFF HIERHOLZER: No. You would not -- 10 well it would be one way to clear the courtroom, Your 11 Honor. 12 JUDGE POLLARD: All right. Moved by 13 Commissioner Moser, seconded by Commissioner Baldwin, 14 that the Kerr County Sheriff's office be authorized to 15 accept a one thousand dollars donation from the Ranch 16 Radio Station and Ken Stoepel Ford with thanks to the 17 Ranch Radio Station and Ken Stoepel Ford. Really 18 appreciate that. 19 COMMISSIONER MOSER: And the winner -- and 20 the winner of that thousand dollars. 21 JUDGE POLLARD: Yeah. 22 COMMISSIONER MOSER: Whoever he was. 23 JUDGE POLLARD: Whoever he was, yeah, and 24 for the guy that wrote the song that the Sheriff won't 25 sing. All right, any further comment or question? 44 1 There being none, those in favor of the motion signify 2 by raising your right hand. It's four zero, unanimous. 3 It is time now for 9:50. Going to item 1.11 4 consider, discuss and take appropriate action regarding 5 any changes to the proposed Kerr County budget for 6 fiscal year 2016 and 17. Last chance guys. And we've 7 gone over it with a lot of detail. In my opinion too 8 many meetings, okay. Any comment or questions? 9 COMMISSIONER REEVES: I'd say yes we've gone 10 over it with great detail. I know you said in jest too 11 many meetings. I think that shows that while it's 12 painful to watch the budget going to go up, painful what 13 we're going to have to vote on in a minute, I think this 14 Court took every step they could to be prudent with the 15 dollars that we spend and to make sure that our citizens 16 get the service they've been used to and hope that they 17 will continue to have the same services that they are 18 used to. 19 COMMISSIONER MOSER: And the good work by 20 all of the elected officials and department heads. 21 JUDGE POLLARD: I'll just make the general 22 comment that it's been -- for the three budgets that I 23 have been involved in, it's a real struggle to try to 24 meet the demands and requests for each of the Department 25 heads, every year that they request a million and a half 45 1 to a million and three quarters more than we have in 2 estimated revenue. So then commences a very 3 excruciating process that we have to go through where we 4 trim here and trim there, and cut some things that 5 people would like to have, and would be nice for the 6 public, but we just don't have the money. And so it's a 7 matter of trying to match our expenditures with our 8 revenues, and that's a really difficult process, and 9 it's not taken lightly as Commissioner Reeves indicated. 10 And I think there were -- I think the Auditor told me we 11 had 12 budget meetings just studying the thing this 12 year. And seemed like they were going on forever and 13 ever. And so it's not taken lightly. We really worked 14 hard at it to try to find ways to spend that money 15 wisely. And cut it back, cut back. So anyway we 16 appreciate everything that Commissioners' Court's done 17 on it. I thank everybody for helping on that. And 18 especially from the Auditor, who is our new auditor this 19 year, she really did a gentleman's duty in helping us 20 with that audit -- with the budget. 21 All right, if there's no further comment or 22 discussion, I'll ask for a vote on it, those in favor of 23 the motion signify by raising your right hands. 24 COMMISSIONER LETZ: We don't have a motion. 25 MRS. GRINSTEAD: There's no motion. 46 1 JUDGE POLLARD: Is there a motion? 2 COMMISSIONER REEVES: I don't think we need 3 a motion. 4 COMMISSIONER BALDWIN: Yeah. What would we 5 be voting on here, I don't see it. 6 JUDGE POLLARD: All right, then we'll go to 7 the next one, which does have a vote on it. 8 COMMISSIONER REEVES: Which we need a couple 9 minutes. 10 JUDGE POLLARD: Okay. A little short. 11 COMMISSIONER LETZ: Take a ten-minute break 12 and then we'd be caught up. 13 JUDGE POLLARD: All right. Let's take a 14 ten-minute break. 15 (Break.) 16 JUDGE POLLARD: Ten minutes has passed, the 17 County Court is back in session. Let me make an 18 announcement. For those that are interested in the item 19 about the banner, the Sheriff has just gone upstairs and 20 checked with Judge Emerson who is operating in courtroom 21 number two. As you get off the elevator going upstairs 22 it's the one on the left of the west side of the 23 courthouse, the big District Courtroom. He's got one 24 case going on right now and going to finish it, he 25 thinks, by 11 o'clock. And for those that want to come 47 1 to that I suggest that they may want to move up there a 2 little early, because you're going to go through the 3 metal detector to get in there. And that's going to 4 slow things down. So those that may want to go up there 5 for that go to that courtroom two on the left when you 6 get off the elevator, but make sure you go through the 7 metal detector and then get into the courtroom, and if 8 you can do that a little bit ahead of time it may speed 9 things up. We'll move up there at 11:15, or depending 10 on where we are on the budget here. And then I guess 11 we'll probably finish up our budget instead of moving 12 back down here. 13 SHERIFF HIERHOLZER: Your Honor, do you mind 14 if I make that same announcement out here in the 15 hallway? 16 JUDGE POLLARD: Please do, thank you. The 17 Sheriff's still not going to sing that song. 18 It's item 1.12, isn't it, the next one? 19 Item 1.12 consider, discuss and take appropriate action 20 to set the salaries, expenses and other allowances of 21 the elected officials as published on August 24, 2016 in 22 the Kerrville Daily Times. And that's in -- that's in 23 the agenda item package that we have on 1.12. Any 24 comment or questions or actions on it or whatever at 25 this time? 48 1 COMMISSIONER MOSER: Do we need to take an 2 action on that? 3 JUDGE POLLARD: Yeah. 4 COMMISSIONER MOSER: So move. 5 COMMISSIONER BALDWIN: Move for approval of 6 it. 7 JUDGE POLLARD: Item 1.12, Commissioner 8 Moser has moved for approval of item 1.12 on the agenda 9 package. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE POLLARD: And seconded by Commissioner 12 Baldwin. This is for the proposed notice of proposed 13 salary increases for elected County and precinct 14 officials of Kerr County, Texas for the fiscal year 15 2016 and '17, as published in the Kerrville Daily Times 16 on August 24, 2016, and copy of that publication is in 17 your agenda package. Are there any further comment or 18 discussion? 19 COMMISSIONER BALDWIN: Judge, the only 20 reason I'm voting on this is for my friend Harley. 21 JUDGE POLLARD: Your friend Harley, okay. 22 Does anybody want to vote for Harley, too? 23 COMMISSIONER BALDWIN: It's all about him, 24 you know. 25 JUDGE POLLARD: All right. If there's no 49 1 further discussion, those if favor of the motion signify 2 by raising your right hand. It's four zero, unanimous. 3 And that wasn't a record vote, was it? 4 COMMISSIONER MOSER: No. 5 JUDGE POLLARD: Item 1.13 consider, discuss 6 and take appropriate action to adopt the fiscal year 7 2016 and 2017 Kerr County budget, as contained in this 8 little small document right here. 9 COMMISSIONER LETZ: Judge, I make a motion 10 that we adopt the 2016-2017 Kerr County budget as 11 presented. 12 COMMISSIONER REEVES: Second. 13 JUDGE POLLARD: It's been moved by 14 Commissioner Letz, seconded by Commissioner Reeves for 15 adoption of the 2016 and 2017 Kerr County budget as 16 presented in this three-ring binder. Any further 17 discussion or comment? If none, those in favor signify 18 by raising your right hands. That's not a record 19 vote -- 20 MRS. STEBBINGS: A record vote is required. 21 JUDGE POLLARD: All right. Commissioner 22 Baldwin. 23 COMMISSIONER BALDWIN: Precinct 1 votes aye. 24 JUDGE POLLARD: Mr. Moser. 25 COMMISSIONER MOSER: Aye. 50 1 JUDGE POLLARD: County Judge votes aye. 2 COMMISSIONER LETZ: Aye. 3 COMMISSIONER REEVES: Precinct 4 votes aye. 4 JUDGE POLLARD: All right, it's unanimous, 5 five zero is the vote, it passes. 6 All right, now we go to item 1.14 consider, 7 discuss and take appropriate action to take a record 8 vote on the proposed 2016 Kerr County tax rate. This 9 will be a combined tax rate for Kerr County and the 10 lateral roads. Diane Bolin. Do you wish to speak? 11 MS. DIANE BOLIN: Not particularly. I gave 12 each of y'all a copy of what the motion needs to read by 13 law. And then we have to take a record vote. 14 JUDGE POLLARD: All right. 15 COMMISSIONER BALDWIN: I'll read it, Judge. 16 "I move the property tax rate be increased by the 17 adoption of the tax rate of .5000, which is effective as 18 5.69 percent increase in the tax rate. The breakdown of 19 this tax rate to be as follows: Maintenance and 20 Operations point .3924, interest and sinking .0753. A 21 total tax rate for Kerr County being .4677. Lateral 22 roads.0323, for a combined total tax rate of .5000. 23 JUDGE POLLARD: Okay. We need a record vote 24 on that. 25 MS. DIANE BOLIN: Yes. 51 1 COMMISSIONER BALDWIN: Commissioner 1 votes 2 aye. 3 JUDGE POLLARD: Commissioner 2? 4 COMMISSIONER MOSER: Aye. 5 JUDGE POLLARD: County Judge votes aye. 6 Commissioner 3. 7 COMMISSIONER LETZ: Aye. 8 JUDGE POLLARD: Commissioner 4. 9 COMMISSIONER REEVES: Precinct 4 votes aye. 10 JUDGE POLLARD: It is five zero, unanimous. 11 It passes. 12 COMMISSIONER MOSER: Diane, the previous 13 combined total tax rate previous year was .485? 14 MS. DIANE BOLIN: Uh-huh. 15 COMMISSIONER REEVES: That's correct. 16 COMMISSIONER MOSER: Yeah I think it's .485. 17 MS. DIANE BOLIN: Yeah, between the two of 18 them, yes, .485. 19 COMMISSIONER MOSER: And it's now .5000. 20 MS. DIANE BOLIN: Yes. 21 COMMISSIONER MOSER: So how does that get to 22 be a 5.69 percent increase? 23 MS. DIANE BOLIN: The Auditor and I went 24 over this several times. 25 COMMISSIONER MOSER: It's a 3.09 percent -- 52 1 MRS. DOSS: It's based on the effective tax 2 rate, the increase. 3 COMMISSIONER MOSER: So if you look at point 4 485.50, it's a 3.09 percent -- 5 MRS. DOSS: But this tax rate is based on 6 the effective tax rate. 7 COMMISSIONER MOSER: Yeah. But most people 8 don't know what the effective tax rate means. 9 MRS. DOSS: It's just the wording that we 10 have to use. 11 COMMISSIONER MOSER: Just for clarification. 12 JUDGE POLLARD: Well, why don't you tell 13 them what the effective tax rate is. 14 MRS. DOSS: The effective M & O tax rate is 15 .4817 and in the prior year it was .4624. 16 JUDGE POLLARD: Okay, but I think a 17 definition is what they may be interested in. How do 18 you define what the -- 19 MS. DIANE BOLIN: The effective tax rate is 20 the tax rate that's calculated based on the same value 21 of property that you had last year not including any new 22 improvements or new property. 23 JUDGE POLLARD: Okay. 24 MS. DIANE BOLIN: And it brings in the same 25 amount of revenue, that's the effective. 53 1 JUDGE POLLARD: Any questions about that? 2 All right, that completes item 1.14. 3 Let's go to item 1.15 consider, discuss and 4 take appropriate action to adopt the 2016 Lake Ingram 5 Estates Road District tax rate. Diane Bolin. 6 MS. DIANE BOLIN: The tax rate's going to 7 remain the same as last year. And each of you have the 8 motion in front of you. 9 JUDGE POLLARD: All right. There's a motion 10 here. And it has to be worded just like this. 11 COMMISSIONER REEVES: I will make the 12 following motion to adopt the Lake Ingram Estates Road 13 District tax rate of.2852 per one hundred dollar 14 valuation for the 2016 tax year, that's my motion. 15 COMMISSIONER LETZ: Second. 16 JUDGE POLLARD: Been moved by Commissioner 17 Reeves as stated, and seconded by Commissioner Letz. 18 That motion was to adopt the Lake Ingram Estates Road 19 District tax rate of .2852 per hundred dollars 20 evaluation -- not evaluation. A hundred dollars 21 valuation for the 2016 tax year. Record vote, Mr. 22 Baldwin. 23 COMMISSIONER BALDWIN: Commissioner 1 votes 24 aye. 25 JUDGE POLLARD: Commissioner 2. 54 1 COMMISSIONER MOSER: Aye. 2 JUDGE POLLARD: County Judge votes aye. 3 Commissioner 3. 4 COMMISSIONER LETZ: Aye. 5 COMMISSIONER REEVES: Precinct 4 votes aye. 6 JUDGE POLLARD: It's five zero, unanimous, 7 it passes. All right. 8 MS. DIANE BOLIN: Thank you, gentlemen, very 9 much. 10 JUDGE POLLARD: All right, we've already 11 done 1.16 and 1.17. I don't think we've done 1.18. 12 COMMISSIONER REEVES: No, Sir, we have not. 13 JUDGE POLLARD: This is to conduct a public 14 hearing for the District Clerk written archival plan. I 15 declare the public hearing open, are there any 16 questions, comments? There being none, I declare the 17 public hearing closed. 18 We go to item 1.19 consider, discuss and 19 take appropriate action to approve the District Clerk 20 written ark archival plan as presented. Robbin Burlew. 21 MS. BURLEW: Yes, Sir. This is just a plan 22 that's been ongoing for years, and we collect a certain 23 amount per case filed in our Court and we can use this 24 money for archival stuff as far as old records, and any 25 equipment that we need. 55 1 COMMISSIONER REEVES: Any changes to this 2 plan from the previous years? 3 MS. BURLEW: I did change it a little bit 4 this year, because last year I had actually archived a 5 bunch of old records and so this year I'm probably not 6 going to do too many records. I'm going to get some 7 equipment for scanning and to help with the improvement 8 as far as the new -- you know, the old records. So I 9 mean I'm looking at probably -- I'm not going to spend 10 -- last year I think I spent like 20 something thousand, 11 this year I'm probably going to only spend maybe about 12 15. 13 COMMISSIONER REEVES: But the process, the 14 goals and everything else is the same? 15 MS. BURLEW: Yes, they're the same, yes, 16 Sir. 17 COMMISSIONER REEVES: Thank you. 18 COMMISSIONER LETZ: I move for approval of 19 the plan as presented. 20 COMMISSIONER REEVES: Second. 21 JUDGE POLLARD: Been moved for approval of 22 the District Clerk's archival plan, was moved by 23 Commissioner Letz, seconded by Commissioner Reeves. Is 24 there any further discussion or comment? There being 25 none, those in favor signify by raising your right 56 1 hands. It's four zero, unanimous. Thank you. 2 All right. We need to go to 1.21. This is 3 one that we announced that we were going to pass earlier 4 because we just we needed some information. We got it 5 now. So going back to item 1.21 consider, discuss and 6 take appropriate action to authorize a request for 7 proposal, in the parlance of the County they call that 8 an RFP, for a panelfold door to divide the event hall 9 the at Hill Country Youth Event Center. That's the big 10 room in there, and the plans originally to have that 11 bi-fold across there, but money was short, and now we're 12 trying to do it at this time. Okay. 13 COMMISSIONER LETZ: I handed out to the 14 Court, the RFP the County Attorney drew up for this. 15 The bids will be due in on that door, it's a very 16 specific type door. We have the specifications from 17 Huser Construction for it. The bids will be due October 18 21st by 5 p.m., and opened on Commissioners' Court on 19 the October 24th at ten a.m., and they'll be a mandatory 20 pre bid October 10th, 2016 at 10 a.m. And Mr. Reeves 21 and I will be at -- to go to explain precisely and hand 22 out to anyone who's interested of the specifications 23 because it is a very specific thing that is required. 24 And I move that we authorize the RFP. 25 COMMISSIONER REEVES: I second. 57 1 JUDGE POLLARD: Been moved, and pursuant to 2 item 1.21 of the agenda, as to authorize a request for 3 proposal for a panelfold door to divide the event hall 4 at the Hill Country Youth Event Center. And the County 5 Attorney's office has submitted a proposal form right 6 here, and so this is to authorize this specific form 7 that it has for those proposals. Is there any further 8 comment or discussion? There being none, those in favor 9 of the motion, signify by raising your right hands. 10 It's four zero, unanimous. 11 All right, now we go to 1.27 consider, 12 discuss and take appropriate action, if necessary, to 13 proceed with repairs to the roofs and air-conditioning 14 units of the various County buildings which sustained 15 damage due to hail. Kerr County received insurance 16 proceeds of $557,524.00. And we gotta figure out a way 17 to get all that stuff repaired within those funds. 18 Brenda Doss the County Auditor. 19 MRS. DOSS: Yes. This is just something to 20 open up a discussion to decide how the Court wants to 21 proceed handling this. I did talk with Kevin Yandell 22 from Texas Association of Counties and he said that they 23 do have consultants, and he would recommend us hiring a 24 consultant who would then come and determine if we 25 needed an architect or any engineering. He said it's 58 1 complicated because we have so many buildings involved, 2 and also since the courthouse is a historical building. 3 So that's what he would recommend, and the insurance 4 proceeds would pay for the consultant. But that's up to 5 the Court. 6 COMMISSIONER MOSER: And this would be for 7 this consultant also is to say whether or not what 8 repairs were needed? 9 MRS. DOSS: Yes. I mean he would come and 10 look at estimates that we got. 11 COMMISSIONER MOSER: But does this -- does 12 this say if in the judgment of Tim or somebody we don't 13 need to do anything, that we still have the capability 14 of not doing anything if we so choose. 15 MRS. DOSS: Yes. We still have that 16 capability. 17 COMMISSIONER MOSER: Right. So this would 18 just be an advisory consultant. 19 MRS. DOSS: Yes. He would report back to 20 the Court. 21 COMMISSIONER MOSER: Right. Okay. 22 JUDGE POLLARD: If we decided to do nothing, 23 but we recovered some damages under the insurance for it 24 and did nothing, I know on automobiles that you don't 25 have any coverage on that vehicle anymore after that. 59 1 Is that the same with regard to buildings? 2 MRS. DOSS: I'm not real sure about that. 3 Dawn might be able to answer that. 4 MRS. LANTZ: I'm not sure. I know they're 5 going to be contacting us every 30 days to see what 6 progress we've made on any repairs done. We may have to 7 refund the money back to TAC if we choose not to do 8 anything. 9 COMMISSIONER MOSER: That would be -- I'd 10 like to know the answer to the Judge's question. 11 MRS. DOSS: I can find out the answer. I 12 did inquire about the -- because there was some damage 13 to the jail, and we did receive payment for that. And I 14 told him that we weren't sure if the roof was going to 15 be replaced in the project. And he said that if it was, 16 we could just add this money to the project money if we 17 would like. We didn't have to use it to fix the jail 18 right now. 19 COMMISSIONER MOSER: Yeah. I think that's a 20 legitimate question. So some people do that and/or 21 leave it like it is, but the downside like it is like on 22 an automobile or something you may eliminate your 23 insurance. 24 COMMISSIONER LETZ: Another question I have 25 is probably more for the County Attorney is how do you 60 1 handle the expenditure of this amount of money from an 2 RFP standpoint? Is this saying is this a single 3 expenditure so we have to go out for bids on it if it's 4 over 50 thousand dollars, is it each individual building 5 the amount we talked about? So how do we handle that? 6 If we have to hire a single contractor to do all the 7 work, to me, it's probably -- 8 JUDGE POLLARD: Is the BuyBoard available 9 for that kind of stuff? 10 MRS. DOSS: Well it depends on if the 11 contractor is part of BuyBoard, but I imagine. 12 COMMISSIONER LETZ: But just to make sure 13 that we're within the law on the bidding requirements 14 because of the amount of expenditure. 15 MRS. DOSS: Right. 16 COMMISSIONER REEVES: I think from a 17 consultant standpoint and a lot of times they don't like 18 us to hire a consultant. But on this, I think it's 19 definitely if we're going to -- if we have to go with 20 an RFP, a request for bids, we're going to need the 21 specs for that. As you mentioned, this portion of the 22 building is historical, and while so much of its roof 23 damage, if there is major roof damage, and we choose not 24 to repair, we're going to just open ourselves up to 25 further damage of the property, so I feel like if TAC is 61 1 available to provide and pay for a consultant, and I 2 think we need to find out what we need to do to get 3 started. 4 COMMISSIONER MOSER: See, the consultant's 5 payment would be out of this. 6 MRS. DOSS: It would be out of the insurance 7 proceeds. 8 COMMISSIONER MOSER: Out of the insurance 9 proceeds, yeah. 10 MRS. DOSS: And he did -- he gave us the 11 name of three, but I'm assuming that we would have to do 12 an RFP for the consultant. 13 COMMISSIONER REEVES: I think we should. 14 MRS. DOSS: I think we should also. 15 COMMISSIONER MOSER: I do, too. 16 MRS. DOSS: And then the consultant would 17 also then help us prepare in our RFQ for either an 18 engineer, architect, contractor, whatever we needed 19 after that. 20 COMMISSIONER MOSER: It's that big. 21 COMMISSIONER LETZ: I make a motion that we 22 authorize the County Auditor, HR director and County 23 Attorney to come up with an RFP to hire a consultant, 24 related to the expenditure of the insurance proceeds. 25 COMMISSIONER MOSER: Second. 62 1 JUDGE POLLARD: Been moved by Commissioner 2 Letz, seconded by Commissioner Moser to authorize the 3 three persons named to come up with a procedure, an RFP, 4 to hire a consultant pursuant to item 1.27 of the 5 agenda. That is to how to proceed on the repairs, over 6 half a million dollars we received from insurance 7 companies, for hail damage. Is there any further 8 comment or discussion? There being none, those in favor 9 of the motion signify by raising your right hand. It's 10 four zero, unanimous. Thank you. 11 All right, item 1.28 consider, discuss and 12 take appropriate action to approve a code of conduct 13 policy for grants required by the uniform administrative 14 requirements, cost principles, and audit requirements 15 for Federal awards volume 2 of the Code of Federal 16 Regulations 200.318. Brenda Doss. The Federal laws. 17 MRS. DOSS: This is something that's 18 required for Federal grants. This is also GrantWorks 19 and Texas Department of Agriculture has sent us a form, 20 so I have changed that form to fit us specifically, and 21 I have sent it to the County Attorney, she has reviewed 22 it. 23 JUDGE POLLARD: Such things as wearing shorts 24 we can't get a grant? 25 MRS. DOSS: No; this is basically a conflict 63 1 of interest policy. 2 JUDGE POLLARD: A conflict of interest 3 policy. 4 COMMISSIONER MOSER: And the County Attorney 5 approved it? 6 MRS. DOSS: Yes, Sir. 7 COMMISSIONER MOSER: So move. 8 COMMISSIONER LETZ: Second. 9 JUDGE POLLARD: It's been moved by 10 Commissioner Moser, seconded by Commissioner Letz, to 11 approve a code of conduct policy for grants, as required 12 by the uniform administrative requirements, cost 13 principles, and audit requirements for Federal awards to 14 code of Federal regulation 200.318. Is there any 15 further discussion or comment? There being none, those 16 in favor of the motion signify by raising their right 17 hands. It's four zero, unanimous. 18 1.29 consider, discuss and take appropriate 19 action to approve a grants management manual required by 20 the uniform administrative requirements, cost 21 principles, and audit requirements, for Federal awards 22 2, Code of Federal Regulations 200, Brenda Doss. And it 23 says just various sections. 24 MRS. DOSS: Yes. 25 JUDGE POLLARD: Is that this thing that you 64 1 handed us here? 2 MRS. DOSS: Yes. It requires us to have a 3 written grant management manual. I worked on this all 4 weekend. I did not get it to Heather to review, so I'm 5 asking if you could approve it contingent upon Heather's 6 review, the County Attorney to review. 7 COMMISSIONER MOSER: I move that we approve 8 it contingent on approval by the County Attorney. 9 COMMISSIONER LETZ: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Moser, seconded by Commissioner Letz to approve the 12 adoption of this manual here, Federal grants management 13 manual, conditioned upon approval by the County 14 Attorney's office. That means she's gotta read all this 15 and we don't, okay, and I'm glad because look at that. 16 All right, is there any further comment or discussion? 17 If not -- 18 COMMISSIONER MOSER: The only thing I'd 19 comment on that is these things are super important, 20 because we've got a lot -- we've got, you know, 30 21 million dollars plus worth of grants and all this. If 22 we don't follow the letter of the law, we get -- are 23 held liable for it. So super important. 24 COMMISSIONER LETZ: I agree with that. But 25 my comment would be that this is why we need to look at 65 1 Washington, and this is bureaucracy. It's just a bunch 2 of work. 3 COMMISSIONER MOSER: You're in charge of 4 that. 5 COMMISSIONER LETZ: Not. 6 JUDGE POLLARD: I didn't hear that quite 7 clearly. 8 COMMISSIONER LETZ: A bunch of something. 9 JUDGE POLLARD: Yeah, a bunch of something. 10 All right, those in favor of the motion signify by 11 raising your right hands. It's four zero, unanimous. 12 All right. That was 1.29, wasn't it. 13 All right, let's go to 1.30. 14 COMMISSIONER MOSER: We can't. 15 JUDGE POLLARD: Item 1.31. Information item 16 concerning City of Kerrville and Animal Services 17 Department. Commissioners Letz and Reeves. 18 COMMISSIONER LETZ: I just put this on the 19 agenda after visiting with Ray, that the City of 20 Kerrville has contacted him and would like to put a lot 21 of animal services information on the City web page, 22 especially as it relates to rabies. Ray's working on, I 23 believe, with them to let them do that. I just want the 24 Court to know that's going on. I think it's a good 25 thing to get that information out. And thank both Ray 66 1 and the City for thinking this up and getting it done. 2 So just information to let the Court know what's going 3 on. No action. 4 JUDGE POLLARD: Okay. Any questions or 5 comments on it? 6 If not we'll move on to item 1.32 consider, 7 discuss and take appropriate action on landscaping/bench 8 placement around the war memorial at courthouse square. 9 Commissioner Letz. 10 COMMISSIONER LETZ: I think everyone got a 11 copy of the large drawing which I want to thank Charlie 12 Hastings for doing it. He basically took some drawings 13 that we had and put in auto scape, and we can now start 14 manipulating and look at the whole landscape issue that 15 we talked about several years ago at the courthouse. The 16 drawings that I just handed out is kind of the important 17 thing right now because we're about to receive 9 benches 18 as a war memorial. And the last thing we authorized 19 maintenance and they've done it was to remove the bunch 20 of the shrubbery around there. 21 The drawing that I handed out that steeple 22 area is what I would recommend kind of going around the 23 memorial with a metal edging, and then and fill in that 24 area with this material right here, which is crushed 25 basalt. I think there's two materials I think we could 67 1 use. Let me pass it around. The other item would 2 normally be used for something like that would be 3 crushed granite. But considering that the war memorial 4 it is gray and black granite, I think using a red 5 granite around there that's locally available would not 6 look very well. Crushed basalt comes from Knippa, south 7 of us. 8 JUDGE POLLARD: Knippa. 9 COMMISSIONER LETZ: Knippa. And I think it 10 would look good. I estimated the bid with the 11 maintenance department that they could do the work. All 12 the materials be less than 500 dollars to do this. And 13 I think it would provide a good platform for probably 14 all the benches that would fit in that area. But if not 15 quite a few of them would. It would extend all the way 16 from the memorial to the parking curb. The 20-foot 17 area, which will provide a little bit of area for people 18 to sit and put a podium and things of that nature, and 19 not a whole lot of money if we decide to change it with 20 some kind of along term design. It's not a great deal 21 of expenditure, but I think it looks pretty good. 22 Cleaned things up there and provide a good base for the 23 benches. So I just wanted to present it to the Court 24 that this would be that I'd recommend how to redo that 25 area right around the memorial. 68 1 COMMISSIONER MOSER: Wasn't there donations 2 that were to be made for that for the materials? 3 COMMISSIONER LETZ: I'm not sure if there 4 was any active donations for that, and I think 5 maintenance has it to come out of next year's budget. I 6 think they have it in their courthouse grounds line 7 item, I think of 500 dollars for this. But if there is 8 funds for it -- 9 COMMISSIONER MOSER: We'll reimburse. 10 COMMISSIONER LETZ: We'll reimburse. But I 11 think it's a good and relatively inexpensive of a way to 12 get something done out there. And yeah, the material 13 itself I mean we probably have enough of it on hand 14 with Road & Bridge right now. So any other comments? 15 JUDGE POLLARD: Any further comments or 16 discussion about it? 17 COMMISSIONER REEVES: Just a question to Mr. 18 Bollier. Do you feel you could have this completed by 19 Veterans Day, the 11th of November? 20 MR. BOLLIER: Yes, Sir, I can do it. 21 COMMISSIONER REEVES: Well, I just wouldn't 22 want to see the area torn up with Veterans Day coming 23 up. Either get it done or -- 24 COMMISSIONER LETZ: We can get it done. 25 MR. BOLLIER: I can have Commissioner Letz 69 1 come up and operate the skid loader. 2 JUDGE POLLARD: Okay. Any further comments? 3 COMMISSIONER LETZ: I'll make a motion then 4 to authorize maintenance department to proceed with the 5 plan as presented with the crushed basalt, metal edging 6 around the war memorial for the audience. It'll square 7 off that area about 50 feet by 50 feet. It'll extend 8 all the way from the front of the memorial to the curb 9 and ten feet on the sides and five to ten feet on the 10 backside, so it'll be a 50 by 50 area. 11 JUDGE POLLARD: And that's the curb on the 12 west side. 13 COMMISSIONER LETZ: Yes. Curb on the west 14 side; not the parking lot. And total area would be 15 inside the edging would be 50 feet by 50 feet. 16 JUDGE POLLARD: All right. Is there any 17 further comment? If not, those in favor of the motion 18 signify by raising your right hand. Is there a second? 19 COMMISSIONER MOSER: Second. 20 JUDGE POLLARD: Moved by Commissioner Letz 21 and seconded by Commissioner Moser. And vote again is 22 four zero, unanimous. Is that correct, is that correct? 23 All right, thank you. 24 Let's go to item 1.33 consider, discuss and 25 take appropriate action on request from Center Point ISD 70 1 to close Avenue A on October 7, 2016 for a community 2 event. 3 COMMISSIONER MOSER: Thank you, Judge. This 4 is -- Independent School District Center Point would 5 like to have an outdoor family night on October the 7th 6 from 7 p.m. to 11 p.m., and as you so stated close 7 Avenue A between First Street and China Street during 8 that time. And so we've done similar things in Center 9 Point. They'll provide all of the banners -- I meant 10 the cones and everything else to do that, so I move for 11 approval. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE POLLARD: Been moved by Commissioner 14 Moser and seconded by Commissioner Baldwin to authorize 15 Center Point ISD to close Avenue A on October 17, 2016 16 for a community event. Any further comments or 17 questions? There being none, those in favor of the 18 motion signify by raising their right hand. It's four 19 zero, unanimous. 20 Item 1.34 consider, discuss and take 21 appropriate action to determine if Commissioner Court 22 meetings should be held on every Monday at 9 a.m. This 23 comes from a discussion I had with Commissioner Letz. 24 We have had an awful lot of special sessions on the 25 budget, we've had an awful lot of special sessions 71 1 called to meet certain time deadlines on grants and 2 deadlines on various other things. And it seems like 3 we're having at least four meetings a month anyway. And 4 so I discussed it with Commissioner Letz, and we thought 5 it would be appropriate to put it on the agenda, and 6 find out if we do want to hold just regular 7 Commissioners' Court meetings every Monday at 9 a.m. to 8 try to take care of all of that. What are your 9 thoughts, the rest of you? 10 COMMISSIONER MOSER: I guess my knee jerk 11 reaction is work well today just by having them second 12 and fourth, and special as we need to. And I guess I'm 13 just a proponent of if you don't need to have a meeting, 14 don't have one. 15 COMMISSIONER LETZ: I'm indifferent. At 16 times we can go through a very long agenda in a timely 17 manner, and then we can have a shorter agenda last until 18 two o'clock. So it's kind of -- you don't know how the 19 schedule's going to go. But it doesn't make any 20 difference to me. I mean one way or the other it may 21 help paying a little bit around special meetings to have 22 them every Monday, but you know, the other side of it 23 is, whenever we have a meeting it takes a lot of other 24 County staff and elected officials to be here and may 25 detract from their time. 72 1 COMMISSIONER MOSER: Right. 2 COMMISSIONER REEVES: I'm also concerned 3 about the person that keeps us in line, Mrs. Grinstead. 4 MRS. GRINSTEAD: There's no way. 5 COMMISSIONER REEVES: As far as after one of 6 these meetings it takes her a good week to get 7 everything put in order, contracts signed, and what have 8 you. And then if we're going to put the additional 9 burden not only making sure all the signatures made and 10 mailed, the additional burden of having to get another 11 agenda out in two days following that. Now, if it would 12 streamline things, maybe it would speed it up. But I'm 13 just concerned -- there's a lot of after things that 14 we're not involved with. But as you said elected 15 officials and staff, just to make sure that the 16 paperwork's done. 17 COMMISSIONER MOSER: I think that's a good 18 point made. The Sheriff may have something. 19 SHERIFF HIERHOLZER: Just one comment I'd 20 like to make. The only thing it could help us with 21 sometimes, of course my secretary and Brenda may not 22 like me for saying this, is it could help us sometimes 23 avoiding late fees on bills, because we would have more 24 opportunities to have those bills approved and paid, so 25 that they don't get paid late. 73 1 COMMISSIONER REEVES: How often does that 2 happen? 3 MRS. DOSS: Not very often. And we also 4 would avoid having direct payables because everything 5 would be paid every week, so then we wouldn't have 6 direct payables any more. 7 JUDGE POLLARD: How do you feel about it? 8 MRS. DOSS: Well, it would be hard to get 9 the bills ready within a week's time, it would be 10 difficult. 11 JUDGE POLLARD: Okay. Anybody else have 12 anything, department heads or anybody have any comments 13 on it? 14 MR. GARCIA: I agree with Brenda. 15 COMMISSIONER BALDWIN: Judge, I just want to 16 add that, that and as well as trying to have meetings in 17 the evening. People work during the day and we're in 18 session during the day, and you always have complaints 19 coming in, people have to work, I don't have an 20 opportunity to address my Court, blah blah blah. We've 21 tried that evening thing of once a month and it works 22 for a couple meetings, and then pretty soon we're 23 sitting up each by ourselves with all the staff, paying 24 over time, and nobody comes. So -- and I think the 25 whole thing is just a scheduling issue of the second and 74 1 fourth Monday of the month. If you schedule it right, 2 you'll get everything in those two. Just my opinion. 3 JUDGE POLLARD: All right. Mr. Moser, what 4 do you think? 5 COMMISSIONER MOSER: No. I think we should 6 leave it the same. If it ain't broke, don't fix it. 7 JUDGE POLLARD: Okay. All right, then we'll 8 move on to item 1.35 consider, discuss and take 9 appropriate action to authorize Kerr County Sheriff's 10 office to exempt two -- that's in executive session. 11 SHERIFF HIERHOLZER: As long as the Court 12 does not ask which two employees by name, I don't have a 13 problem presenting this in open Court, but just that if 14 we go into names it's required to go into executive 15 session, right? 16 JUDGE POLLARD: All right, let's do that. 17 Consider, discuss and take appropriate action to 18 authorize the Kerr County Sheriff's Office to exempt two 19 employees from the 160 hour restriction for vacation for 20 fiscal year 2015 and '16. Sheriff Hierholzer. 21 SHERIFF HIERHOLZER: What this is, as y'all 22 know I was several dispatchers short this year for quite 23 awhile, about four of them down. We are full now but at 24 the time we were down in the process of hiring new 25 dispatchers, it takes up to about 16 weeks for a new 75 1 dispatcher just to get on speed enough and trained 2 enough to be able to be in there by themselves or with 3 another less experienced. So that only left me -- I 4 only have ten employees in there total, in that 5 division. So it only left me a few dispatchers to be 6 able to work. And even though they asked for vacation 7 time on a couple of them, we could not give them that 8 time off, because we had nobody in experience that could 9 sit in there during it, so I don't feel it's 10 appropriate. I know what the county's policy is that 11 they can't carry over a hundred and sixty hours of 12 vacation after October one because that's the most you 13 can carry. And it's also the county's policy is you 14 don't pay them for that extra vacation time each year. 15 But in this particular case, and this is the first time 16 I've had it actually happen where we could not give the 17 employees off. I have one employee that is going to 18 lose October 1, 28.17 hours of vacation, and another 19 employee that would lose 12.73 hours of vacation, and I 20 just do not feel that's appropriate for those employees. 21 I would ask that we either pay them for 22 those hours so that they're only carrying the hundred 23 and 60 over, or in this one case we allow them to carry 24 more than a hundred and 60. Okay, one would carry 25 188.17 in hopes we can give it to them off this coming 76 1 budget year, and the other would carry 172.73. 2 COMMISSIONER MOSER: Is this the first time 3 you've had to do this? 4 SHERIFF HIERHOLZER: It's the first time 5 I've had to do this. 6 COMMISSIONER MOSER: So move. 7 COMMISSIONER LETZ: Second. 8 SHERIFF HIERHOLZER: To carry, or to pay it 9 out? 10 COMMISSIONER MOSER: Carry. 11 COMMISSIONER LETZ: Carry. 12 JUDGE POLLARD: Been moved by Commissioner 13 Moser, seconded by Commissioner Letz to approve -- 14 change the -- to exempt these two employees from -- 15 SHERIFF HIERHOLZER: To make an exception 16 for this one time. 17 JUDGE POLLARD: To make an exception for 18 this one time to carry more than a hundred and 60 hours 19 of vacation time. All right. 20 COMMISSIONER REEVES: I think we've also got 21 some comments from department heads that they maybe 22 worried about financial or legal or something else. I'd 23 like to hear what they to have say? 24 COMMISSIONER LETZ: I have a question and 25 comment also. But the question I have is -- going 77 1 before everybody else. Rusty, is this -- this was only 2 because you were short staffed in dispatch is why you're 3 requesting this? 4 SHERIFF HIERHOLZER: Yes. I have ten 5 employees okay, and those ten employees run the dispatch 6 center that has to stay open 24 hours a day, seven days 7 a week. If you look at just trying to give ten 8 employees, you know, normally by standards and that it 9 takes five employees to fill one position 24 hours a 10 day, seven days a week, okay. I require two dispatchers 11 be on duty at all time. We can't handle the calls that 12 we have without it. And so for two dispatchers to be on 13 duty at all times, then that's ten employees. But the 14 problem was I was down to six employees in there for 15 several months. In fact most of the year until we could 16 get those positions filled. So then I'm stuck with six 17 and there's no way that we could give them off enough 18 time to keep them from running into this. In fact my 19 comp time has built up in there, and I can give you some 20 of those hourly stats, too. But there isn't a 21 restriction on carrying the comp time over each budget 22 and I can carry it, but there just was no way I could 23 give them this vacation time that they earned off. 24 COMMISSIONER LETZ: And that's the question, 25 probably be to HR, have we ever done this? 78 1 MRS. LANTZ: No. Currently I have 30 2 employees in the same boat, plus his two. 3 SHERIFF HIERHOLZER: And my only question is 4 if it was due to -- if I thought it was due to the 5 employees themselves not asking for it and not trying to 6 take it off, then I would agree that it's the employee's 7 issue. But this was the Department, okay. I refused to 8 allow them to take off even though they wanted to, 9 because we could just not run without them during those 10 time periods. And that's what makes this exception a 11 little bit different. 12 JUDGE POLLARD: Kelly. 13 MS. HOFFER: I also ran into that issue this 14 past year with six weeks of rain, and with our seal coat 15 program. We can't start usually until May because the 16 ground temperature needs to warm up. And by October 17 it's too cold. Six weeks of solid rain. We have two 18 roads that aren't getting seal coated this year because 19 we're running out of time, and those employees are 20 staying to make sure that we get what we can get seal 21 coated. And so for us with the weather it makes it real 22 difficult, and especially when you've got employees that 23 are getting four weeks a year off. And they're your key 24 employees. They're the ones who run your seal coat 25 program. And although in a regular year we don't have 79 1 that rain we usually don't run into that problem, but 2 when we do it makes it really, really difficult to try 3 to get some of these things done. So we do at times 4 have that issue also. 5 SHERIFF HIERHOLZER: And it is an issue that 6 a lot of us would face because of that. But if by 7 County policies these employees earn it. But we can't 8 let them take off because of the situation that we're in 9 with having to provide the service. Then I don't -- I 10 don't see a choice on some of this. I don't think it's 11 fair to the employee if we don't. You want to say 12 something? 13 MRS. STEBBINS: It's you're policy so you 14 can make exceptions to it. I just think it opens the 15 door to other directors and elected making similar 16 requests. 17 COMMISSIONER MOSER: I think the Sheriff has 18 some good points, I think Kelly has. But I don't know 19 why we couldn't look at those on a case by case. Kelly, 20 it's because of rain you know, that's a good thing, but 21 in some respects, but bad in others. 22 SHERIFF HIERHOLZER: And some of that, you 23 know, I agree. But we look at it in a little bit 24 different light. Yes, I look at Kelly's, they try to 25 keep them on a schedule and keep them seal coated and 80 1 I'm not knocking her, but it's easier to delay that seal 2 coating a little bit to make sure these people do get 3 their time off. I can't delay calls and actions and 4 having to come in and work that dispatch center has to 5 do. 6 COMMISSIONER MOSER: All I'm saying is I 7 don't see any problem with department heads coming in or 8 elected officials requesting exemptions to the policy. 9 COMMISSIONER LETZ: I think that, you know, 10 we certainly can do it. I think it's going to be very 11 difficult to say no to other departments is the problem. 12 COMMISSIONER MOSER: Depends on what the 13 reason is. 14 COMMISSIONER LETZ: Right. But -- and I'm 15 familiar with I know at least one of Kelly's employees I 16 mean didn't take a vacation that was scheduled and 17 planned and partially paid for, to help. I mean granted 18 the person did it on his own, he wasn't told by Kelly he 19 couldn't take his vacation, to my knowledge he wasn't 20 told by Kelly he couldn't take his vacation, but chose 21 to do it for the benefit of the program, and that's, you 22 know -- so anyway -- 23 SHERIFF HIERHOLZER: That's the type of 24 employees you want to have. 25 COMMISSIONER LETZ: Right. 81 1 COMMISSIONER MOSER: And keep. 2 SHERIFF HIERHOLZER: And keep, that's 3 exactly right. You know I wish we were a private 4 corporation where we could have more employees than we 5 need to do our function, because it is tax dollars. All 6 of us are limited to just having enough employees just 7 to operate. And when you do have shortness this is 8 what's going to happen, we do have issues. 9 COMMISSIONER REEVES: You have a comment? 10 MRS. DOSS: My comment was if you do allow 11 this, I think that you should say for a very specific 12 time period until 9-30-2017, and for these two employees 13 only specifically. I think it should be very specific. 14 COMMISSIONER REEVES: In other words they 15 need to use that extra within the coming fiscal year. 16 MRS. DOSS: Well, yes, unless you to want 17 grant them two years or three, whatever the Court 18 chooses to do. I think it should be -- 19 COMMISSIONER BALDWIN: I think Rusty said 20 just this one year. 21 SHERIFF HIERHOLZER: I'm only asking to 22 grant it for just this one year for those two employees 23 to give them 12 more months to get this time burned off. 24 COMMISSIONER MOSER: And that's what the 25 motion is. I made that motion. 82 1 COMMISSIONER BALDWIN: You made a motion? 2 COMMISSIONER MOSER: Uh-huh. 3 COMMISSIONER BALDWIN: What was the motion? 4 COMMISSIONER MOSER: That the Sheriff's 5 request be granted, and that for a one time application. 6 COMMISSIONER REEVES: For the coming fiscal 7 year. 8 COMMISSIONER MOSER: For the coming fiscal 9 year. Just like he said it, right. 10 COMMISSIONER BALDWIN: I second the motion. 11 COMMISSIONER LETZ: I'll -- 12 SHERIFF HIERHOLZER: And limit the amount of 13 hours. 14 COMMISSIONER LETZ: I'm not sure I'm in 15 favor of it but I second it. 16 SHERIFF HIERHOLZER: Well, and it's in the 17 limited number of hours specifically that I just asked. 18 It's just those hours they're caring over, okay. I 19 don't want them to be able to build up, you know, two 20 hundred hours during this next time. They have to be 21 back down to 160 by the next October. 22 COMMISSIONER BALDWIN: You're going to have 23 to start meeting every Monday and handle this. 24 JUDGE POLLARD: What if in the next year 25 you're short, and they can't get it down to 160? They 83 1 just eat it again? 2 SHERIFF HIERHOLZER: Well, you know, Judge, 3 we'll get their's down to 160, but I'm going to be 4 perfectly honest. As we've all seen, okay, if you look 5 at just the -- the number of comp time that we're giving 6 because our overtime budget is limited. Okay, and I 7 think every department has probably had this. It is 8 mine and probably Ray because we're 24 hours a day, or 9 juvenile detention, because we're 24 hours a day, seven 10 day service. Hits us a little bit harder. But with the 11 limit number of employees that we have, okay, and this 12 Court knows this going through our budget, and the 13 limited number of overtime that we get, there are 14 sometimes that we're just put in that impossible 15 situation that we can't give those employees that time 16 off. I wish I could. But I can't leave a dispatch 17 center totally unmanned. And the problem is, it may -- 18 I can't say it won't happen again, especially with the 19 way things are going. We have seen the call number, the 20 everything going on in our department as you well know 21 has just sky rocketed. Okay, you see it all over the 22 country that way, you know. I have a list right here of 23 about 8 pages of people setting in jail multi hundred 24 days waiting to go to Court that we can't even get them 25 in the courtroom because the system's so overloaded. 84 1 And you have articles after articles of officers and 2 dispatchers being asked to do more and more with less 3 and less. And there gets to be a breaking point that we 4 just can't do it. But it should not be our employees' 5 fault. 6 JUDGE POLLARD: All right. If there's no 7 further comment or discussion, those in favor of the 8 motion, signify by raising your right hands. Those 9 opposed. It's a two two. I vote opposed. The motion 10 fails. 11 SHERIFF HIERHOLZER: Is there anything this 12 Court would like for me to tell those employees? 13 COMMISSIONER LETZ: Rusty, they got 14 vacation. I understand we need to go into the whole 15 department. But if we open up this box, Pandora's box, 16 we can't say no to other departments. 17 SHERIFF HIERHOLZER: I understand that. But 18 these employees didn't have a choice. They gave it for 19 this County. 20 COMMISSIONER LETZ: I understand. 21 JUDGE POLLARD: All right. We have two 22 other items 1.36 and 1.37 that are -- 23 MRS. STEBBINS: There's a third one too, 24 1.38, it was added as an addendum. 25 JUDGE POLLARD: All right. And they're all 85 1 executive session items. 2 Why don't we go pay bills and all that right 3 now. And then we can go into executive session. Let me 4 just say before we do this I see other people coming 5 into the courtroom. Judge Emerson in courtroom number 6 two, district courtroom number two upstairs, has 7 indicated that he thought he would be through with his 8 hearings by 11 o'clock, and on that item 1.30 on the 9 agenda, that is the banner, those that are here on the 10 banner. You can starting going upstairs when we go into 11 closed session and pay the bills or whatever, and start 12 -- because you're going to have to go through the metal 13 detectors up there, that'll slow things down. So it 14 would help if you go up a little bit early and try to 15 get into courtroom number two. And by the way, 16 courtroom number two is the courtroom on the left as you 17 get off the elevator. The left side of the courthouse. 18 So anybody that's interested in that, I invite you to 19 leave now and start going through the metal detector. 20 COMMISSIONER MOSER: That agenda item will 21 be at 11:15. 22 JUDGE POLLARD: Yes. All right. Before we 23 go into executive session -- 24 COMMISSIONER BALDWIN: Judge, I move we pay 25 the bills. 86 1 COMMISSIONER MOSER: I second. 2 JUDGE POLLARD: It's been moved by 3 Commissioner Baldwin and seconded by Commissioner Moser 4 to pay the bills as presented. Any discussion? If not, 5 those in favor signify by raising your right hand. It's 6 four zero, unanimous. 7 How about budget amendments? 8 MRS. DOSS: Yes, Sir. We have very many 9 budget amendments. 10 COMMISSIONER REEVES: Looking over these, 11 apparently just because it's the ends of the year? 12 MRS. DOSS: Yes. We had to shuffle things 13 around at the end of the year people's budgets are very 14 tight. 15 SHERIFF HIERHOLZER: Quiet, please. 16 COMMISSIONER BALDWIN: We're into late 17 bills? 18 JUDGE POLLARD: Yes -- budget amendments, 19 I'm sorry. 20 COMMISSIONER REEVES: Move to accept the 21 budget amendments. 22 COMMISSIONER LETZ: Second. 23 JUDGE POLLARD: Moved by Commissioner 24 Reeves, seconded by Commissioner Letz to approve the 25 budget amendments as presented. Any further comments or 87 1 discussion? If not, those in favor of the motion 2 signify by raising their right hands. It's four zero, 3 unanimous. 4 Late bills, 4.3. 5 MRS. DOSS: Yes. We have about eight of 6 them. 7 COMMISSIONER BALDWIN: I move we pay the 8 late bills. 9 COMMISSIONER LETZ: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Baldwin, seconded by Commissioner Letz that we pay the 12 late bills as submitted. Any further comment or 13 discussion? If not, those in favor of the motion 14 signify by raising your right hands. It's four zero, 15 unanimous. 16 4.4 approve and accept monthly reports. Mr. 17 Reeves. 18 COMMISSIONER REEVES: Yes, Sir. Looks like 19 I have one monthly report. Report from the Kerr County 20 Treasurer for the monthly report of September, 2016. 21 JUDGE POLLARD: Is there a motion? 22 COMMISSIONER REEVES: I move to approve the 23 report and sign as needed. 24 COMMISSIONER LETZ: Second. 25 JUDGE POLLARD: Been moved by Commissioner 88 1 Reeves and seconded by Commissioner Letz to approve the 2 report as received. Any further discussion or comment? 3 Yes, Ma'am? 4 MS. SOLDAN: It's my August report. 5 JUDGE POLLARD: It's your August report. 6 COMMISSIONER REEVES: I'll amend it as 7 presented to amend to September. 8 JUDGE POLLARD: Does the second accept the 9 amendment? 10 COMMISSIONER LETZ: That's fine. 11 JUDGE POLLARD: Then those in favor of the 12 motion signify by raising their right hands. It's four 13 zero, unanimous. 14 The Auditors reports for item 4.5. 15 MRS. DOSS: Yes. We have the juvenile 16 facility report. Did you receive that one? 17 COMMISSIONER LETZ: Yes. 18 MRS. DOSS: Okay. 19 COMMISSIONER REEVES: Move to accept. 20 COMMISSIONER LETZ: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Reeves and seconded by Commissioner Letz to accept the 23 Auditors report as received. And further comment or 24 discussion? Those in favor of the motion signify by 25 raising your right hands. It's four zero, unanimous. 89 1 5.1 reports from commissioners, liaison 2 committee assignments as per attachment. Anything? 3 COMMISSIONER BALDWIN: Nothing here. 4 COMMISSIONER MOSER: Nothing. 5 JUDGE POLLARD: I have nothing. 6 COMMISSIONER LETZ: Nothing. 7 COMMISSIONER REEVES: Nothing, Sir. 8 JUDGE POLLARD: All right. Reports from 9 elected officials and department heads? Anybody? 10 MR. TROLINGER: Good morning. 11 JUDGE POLLARD: Howdy. 12 MR. TROLINGER: So I made a brief survey 13 with Hill Country Telephone at the Exhibit Hall in 14 reference to the wi-fi project. The final budget number 15 for the coming year looking like we're going to have to 16 cut a few things, but I wanted to let you know that in 17 addition, I was asked to get pricing for the -- for a 18 security system for the Exhibit Hall and make sure y'all 19 were in the loop on that. I don't know if -- I didn't 20 want it to be a big surprise when it came up as an 21 agenda item on the Commissioner Court agenda eventually. 22 No action required. But the probably the thing I wanted 23 to make sure was I tried to get the price drown a little 24 built by asking if Hill Country Telephone would accept 25 an advertisement stipend for the -- in exchange for 90 1 the -- and I received an e-mail said no we declined. So 2 I've instead of trying to increase the budget back to 3 the 31 thousand, I just asked for the scope of work to 4 be reduced, and I think we'll be okay with that. 5 Thanks. 6 JUDGE POLLARD: Thank you. Anyone else? 7 Come on, Sheriff, you always talk now. 8 SHERIFF HIERHOLZER: No. I already tried 9 today. 10 JUDGE POLLARD: All right. Reports from 11 boards, commissions and committees. Anybody? The 12 City/County joint projects or operations reports. Any 13 other reports of any kind? All right. There being 14 none, we're going to go into closed session at this 15 time. 16 COMMISSIONER REEVES: Judge. May I make a 17 comment on this? 18 JUDGE POLLARD: Sure. 19 COMMISSIONER REEVES: I belive the timed 20 item's at 11:15. I know the Court reporter needs to go 21 up there, by the time we get up there we probably get 22 into executive session and have to come right back out, 23 because we need to start that other one at 11:15. 24 JUDGE POLLARD: We will recess the executive 25 session if we're not through by then, and go up there 91 1 and make sure that we start that one at 11:15. 2 (Executive Session.) 3 JUDGE POLLARD: Court is now in session 4 again. We resumed in open session here as to item 1.30 5 on the agenda, and it reads consider, discuss and take 6 appropriate action on request to place a banner on the 7 courthouse square. David Whitsett is going to make a 8 presentation. He's the one that requested this agenda 9 item. He's here, I think, and he has the banner. 10 MR. WHITSETT: I do. 11 JUDGE POLLARD: All right. If you'd step 12 forward, Sir. 13 COMMISSIONER BALDWIN: Make him swear, 14 Judge. 15 JUDGE POLLARD: So that everybody knows that 16 what you're talking about, he's going to unfurl this 17 banner and we'll show you exactly this is the banner he 18 wants to put up at Christmas time courthouse square. 19 MR. WHITSETT: I especially want to do that 20 because we know the copy that was made is unreadable by 21 a lot of you, I think. Sorry, gentlemen, we'll have to 22 turn it around so you can see it. 23 JUDGE POLLARD: I think the Commissioners' 24 Court has seen it. 25 MR. WHITSETT: Can y'all see it? 92 1 JUDGE POLLARD: Can everybody see it? 2 AUDIENCE: No. 3 JUDGE POLLARD: Higher. 4 AUDIENCE: Read it out loud, please. 5 MR. WHITSETT: Up at the top in blue it says 6 Kerrville Freethought, with the address of our Facebook 7 page, and below that it says Happy Winter Solstice, at 8 this season of the winter solstice we celebrate the 9 birth of the unconquered sun, the TRUE reason -- can you 10 pull that a little tighter, Judge? Pull that a little 11 tighter. 12 SHERIFF HIERHOLZER: Quiet in the courtroom, 13 please. 14 MR. WHITSETT: The true reasons for the 15 season. As Americans -- 16 JUDGE POLLARD: I'm going to do this so the 17 people to the left can see. 18 MR. WHITSETT: As Americans, let us also 19 honor the Bill of Rights, which reminds us that there 20 can be no freedom of religion, without freedom from 21 religion in government. At the bottom it says Freedom 22 From Religion Foundation, along with the website of 23 Freedom From Religion, FFRF.ORG. This is Franklin and 24 Madison and Jefferson over on this side, with the Bill 25 of Rights. 93 1 JUDGE POLLARD: Step back a little bit, so 2 we can turn it for these people. 3 MR. WHITSETT: The Bill of Rights was 4 ratified on December 15th, 1791, so that's what this 5 represents. Okay. Everybody get a chance to see it? 6 All right. We can just lay it down here 7 now. 8 JUDGE POLLARD: One other item to mention 9 before we start this thing, somehow it got around that 10 he had requested that the nativity scene be taken down 11 on the courthouse square at Christmas time. I 12 understand that's not what he asked for. He spoke to 13 Jody Grinstead, our Court Coordinator, and all he asked 14 was that this be put up; he didn't ask for anybody 15 else's to be taken down. 16 MR. WHITSETT: That's correct. 17 JUDGE POLLARD: That was a lot of 18 misinformation. Yes, Ma'am. 19 AUDIENCE: Well, we were under the 20 impression we were signing a petition to keep it up. We 21 didn't have any idea what the banner said before we 22 signed the petition. 23 JUDGE POLLARD: Well, there are lots of 24 misunderstandings. What I'm telling you is he's asked 25 that this be put up on the courthouse square at 94 1 Christmas time, and he hasn't asked for anything else to 2 be taken down. Now, let's quit talking about that, 3 that's not what -- 4 THE REPORTER: Excuse me, one at a time, 5 please. 6 MR. WHITSETT: We don't want the nativity 7 taken down. Should I go ahead and say what we -- 8 JUDGE POLLARD: Yeah, go ahead and finish 9 your presentation. 10 MR. WHITSETT: Should I face out this way to 11 see me. 12 AUDIENCE: Use the microphone. 13 SHERIFF HIERHOLZER: Turn around a little 14 bit. 15 MR. WHITSETT: Thank you. All right. Who's 16 Kerrville Freethought? We're a group of about a hundred 17 and 20 people, you can look at our Facebook page if you 18 want to, anytime you want to. We are representatives of 19 a group of atheists, agnostics and freethinkers. We 20 invite comment and discussion. This is great from our 21 point of view that you folks are interested. We 22 think -- this is what we think. We think the holidays 23 are a fine time to spread the patriotic message of the 24 birth of the Bill of Rights, which was ratified as I 25 mentioned back on December 15th, 1791. And to offer an 95 1 explanation on the true origin of the time that we 2 celebrate the birth of Jesus Christ. As non religious 3 Americans we want to raise awareness of the document 4 that gives us all religious liberty. That is the Bill 5 of Rights. About 30 percent of Americans are non 6 believers, but the holiday season is for everybody, as 7 is the courthouse lawn. So if the courthouse lawn 8 includes a holiday display it should reflect that 9 diversity. We do not want to see the nativity scene 10 removed. In fact if it is removed, the only reason it 11 would be removed is because what's been decided it's no 12 holiday display put up at all, and that means our banner 13 can't go up either. That's not what we want. We want 14 the nativity scene to remain. We would like this banner 15 to be added. All we're asking for is equal treatment. 16 That's all. 17 AUDIENCE: Your website says it's an 18 indirect way -- 19 JUDGE POLLARD: All right. Here's the way 20 we're going to handle this from now on. It's not going 21 to be Willie Nillie out of the audience. We're going to 22 handle this from now on, the people that wanted to speak 23 filled out a form. And I have all the forms here, 24 there's probably ten, 12, 15 of them, and these people 25 will be allowed to talk. But since we -- we got time 96 1 constraints involved. Everybody -- every speaker's 2 going to be limited to three minutes. Okay. All right. 3 MR. WHITSETT: Should I stay here? 4 JUDGE POLLARD: Yeah, you can have a seat. 5 All right. The first one is Pam Wood, P.O. Box 481, 6 Ingram, Texas. Is Pam here? Please step up to the 7 podium, Ma'am, and as I said limit yourself s to three 8 minutes now. I'll raise my hand when you reach three 9 minutes. All right. Pick the microphone up close to 10 you? 11 MS. WOOD: All right. There you go. Can 12 you hear me? Okay. This request is not -- maybe new 13 for Kerr County, but it's not new within the context of 14 the cultural war in our country. 15 AUDIENCE: Speak up, we can't hear you. 16 MS. WOOD: It has been used before by other 17 humanistic anti Christian, anti religious groups to 18 undermine freedom of religion for Christians in 19 particular. 20 JUDGE POLLARD: Why don't you come over here 21 and sit in my seat, this microphone will get closer to 22 you. And you gotta hold the bar down when you talk. 23 MS. WOOD: Should I start again? Okay. 24 This request for such a sign is maybe new to Kerr County 25 but it's not new within the context of the cultural war 97 1 in our country, and it has been used before by other 2 humanistic anti Christian, anti religion groups to 3 undermine freedom of religion for particularly 4 Christians. On the freedom of religion -- freedom from 5 religion foundation website, freethinkers define 6 themselves as people who can not conform -- who cannot 7 believe in the Bible, our creator Messiah and still be a 8 freethinker, so basically they are atheist, agnostic or 9 irrationalist. But they do have a right to what they 10 want to personally believe. My concern is that they say 11 that in particular they mention the Bible and the 12 Messiah. The only religion in the world that has both 13 the Bible and a Messiah is Christianity and the Jewish 14 faith. So my concern is that the ultimate reason -- 15 the ultimate reason is that want to be freed from is the 16 Jewdayo-Christian religion. Given that the winter 17 solstice which basically is just the shortest day of the 18 year, that's what it is. In the past was and still is 19 worship as a pagan worship. The sign is not necessarily 20 a suppression, I wouldn't think of their beliefs 21 regarding the winter solstice, where they don't believe 22 in religion except their own. And as a result any 23 argument that they are wanting freedom of religious 24 expression would be disingenuous. I think the purpose 25 is clear, I think that they want Christians to be upset. 98 1 They more than anything else they may want their request 2 to be refused, because it does two things. It supports 3 their belief that religious intolerance of those bigots 4 Christians will allow -- reinforce that belief, which I 5 think is their belief. And it will allow them to take 6 the issue to Court. And in the most recent Court 7 hearings pertaining to this, one -- two of them in 2015 8 is very clear that the Court system taking it high up 9 enough has allowed the display of these kind of banners. 10 And in one case the particular County decided to remove 11 all -- all things, all symbols of religion which 12 included the manger scene. 13 JUDGE POLLARD: Your time's up. 14 MS. WOOD: Okay, thank you. 15 JUDGE POLLARD: Next up is Kerry Bledsoe, 16 1308 Paragon Place. 17 SHERIFF HIERHOLZER: We can try this one 18 again, Judge. We changed it. 19 MR. BLEDSOE: For the record it's Kenny 20 Bledsoe, my n's look like r's, and I apologize for that. 21 I'm here as a citizen of Kerr County. I'm raising a 22 family here, and I attend church regularly. And I don't 23 have any squabbles whatsoever in my faith in Jesus 24 Christ. I am here to say plainly that this is nothing 25 more than getting a foot in the door on Christianity in 99 1 general. Most of those things start out small. If you 2 look back through history just to get denied, but they 3 get something on a piece of paper and it gives them 4 something to work towards. Our constitution guarantees 5 us the right to worship as we please. Our founding 6 fathers came over from a monarchy where they were forced 7 to worship one way and one way only. It was written 8 into our constitution that we could worship as we please 9 but it was worship of the one true God; not separation 10 from that God. Hence Martin Luther, you can look at 11 this as a matter of history. So with that, I'm just 12 here to say that I oppose putting that banner anywhere, 13 much less in Kerr County, and I think I speak for the 14 majority of the citizens of this County. Thank you very 15 much? 16 JUDGE POLLARD: All right, next up is 17 Charlie Burgin, Sr. 18 MR. BURGIN: That was Jr., and I'm going to 19 give my time over to Pastor Del Way, an elder. 20 JUDGE POLLARD: Okay. Pastor Del Way. 21 PASTOR WAY: Thank you so much. And the 22 problem I have is they claim to be freedom from 23 religion, but they want to do this on our religious 24 holiday, so they're attacking religion rather than 25 freedom from religion. And I say if they want to put a 100 1 banner up there's probably a better place to do it than 2 on the courthouse square and I can think of a few 3 places, but I'm not mentioning them right now. But we 4 as the majority as Christians here, we believe in 5 Christ, we believe that this country was founded on 6 Christian principles, and people are trying to take over 7 our religion, that's what they're trying to do. And so 8 I reject along with at least a thousand signatures from 9 Calvary Temple Church right here on the petition. And 10 we respect this gentleman, we totally do. I invite you 11 to church actually. I think you'll enjoy it. But the 12 freedom from religion, you know, then stay off of 13 religion. Leave us alone. That's all I got to say. Be 14 free get your own holiday, that's all I say. Yeah. 15 (Applause.) 16 JUDGE POLLARD: Next one is John Hammack, 17 286 Cade Loop. 18 MR. HAMMACK: Thank you, Judge, 19 Commissioners. 20 JUDGE POLLARD: Yes, Sir. 21 MR. HAMMACK: I won't even go into setting 22 precedents or anything. You gentlemen are aware of 23 that. 24 JUDGE POLLARD: You're going to have to get 25 closer to the mike. 101 1 MR. HAMMACK: Oh, that one. I said I won't 2 even go into setting precedents. You gentlemen are 3 aware of that, on the ramifications of it. I will say 4 this, from the time that Christopher Columbus set his 5 foot on this property to the forming of our government 6 to the day, we are one nation under God. December the 7 25th was declared Christ's birthday in the year 336 A.D. 8 by Emperor -- somebody. And it was confirmed a couple 9 of years later by the Pope. 10 MR. WHITSETT: It's Constantine. 11 MR. HAMMACK: Now, there are -- I don't know 12 probably conservative figure 90 percent Christians in 13 Kerr County. That could be conservative, it might be a 14 little over. I ask you, and if someone would help me up 15 I'd beg on my knees, do not let some -- a few pagan 16 atheists take Jesus Christ out of Christmas, or belittle 17 it in anyway. Thank you. 18 JUDGE POLLARD: Next up's Patricia Carson, 19 741 Julia Drive in Comfort. You live in Kerr County, 20 Ma'am, or Kendall County? 21 MS. CARSON: Well, I live in Kendall County 22 now, but my family comes from Kerr County. My 23 grandfather was the foreman for Mr. Schreiner out on the 24 YO ranch for years. 25 JUDGE POLLARD: All right. Thank you, 102 1 Ma'am. 2 MS. CARSON: And what I want to say is that 3 Jesus is my Savior. And this is his birthday we 4 celebrate on December the 25th every year. And if these 5 other people want a special day for what they believe in 6 then they need to get them a special day some other day. 7 And I remember when Madalyn O'Hair came in and got 8 prayer kicked out of school. My children were fixing -- 9 were in school or fixing to go to school, and we didn't 10 hear anything about that until it was a done thing. And 11 that was the worst thing that could have ever have 12 happened. And I believe this would be something that 13 would follow that, and I'm against that being on 14 Christ's birthday celebration. Thank you. 15 JUDGE POLLARD: Next up is Daniel Thompson. 16 1004 Chaparall Street in Woodsboro, Texas. 17 MR. THOMPSON: Hello, and I thank you for 18 your time. This gentleman -- 19 SHERIFF HIERHOLZER: Speak into the 20 microphone. 21 MR. THOMPSON: What I believe this gentleman 22 said, or one of the gentlemen said that our rights come 23 from the Bill of Rights, which is incorrect. The 24 founding fathers made it clear that the Declaration of 25 Independence and our rights from ancient God, and we 103 1 live under the laws of nature and nature's God. And 2 just so happens that if you read the history of the 3 Caucasian people, they escaped a serious rule from 4 Israel and they're known has Caucasians. This is our 5 land and this is God's country. And I'm here to keep it 6 God's country, and until I die this will remain a 7 Christian nation. I guarantee it. If you let anyone 8 trample on a holiday that we celebrate as our true 9 president and king, Jesus Christ, his birthday, you are 10 going to take away all the morality of distinction, and 11 you will destroy this nation that stands for God. I 12 guarantee that. Is that what you want for your children 13 and your grandchildren? Not me. I stand for God and 14 this country, and this county and these people stand for 15 their creator. You want your own holiday, get it. Not 16 on the 25th of December. And you can have it. But not 17 on the 25th of December. Thank you. 18 JUDGE POLLARD: Next up former Mayor Jack 19 Pratt. 20 FORMER MAYOR PRATT: Judge, Commissioners, 21 the where it was brought up and it's on their website, 22 they being the FFRF, is a word morality and they say on 23 their website morality is human made, not ordained. 24 Well that implies that morality is relative, and that it 25 has been and still is the result of human beings, 104 1 subjecting to judgments, and since it has been so all 2 humans continue the right to conceive their own 3 subjective of morality. He used the word freethinkers 4 on their website freethinkers judge conduct by the 5 intent and consequences to the welfare of individuals, 6 human kind and the planet as a whole. Well, that 7 assumes that the human mind can and wants to create a 8 morality that is totally selfless, and is not tainted by 9 selfless motives. History has clearly proven that there 10 is a part of the human mind, or what is referred to 11 sometimes by scientists the I.D., that makes that a 12 difficult challenge. Freethinkers are responsible for 13 their own actions, that's what they say. And do not 14 blame or credit God or respond to the promises of an 15 afterlife or a threat of hell. This is a fascinating 16 statement, they say that they are responsible for their 17 own actions, which by the way is what most religions 18 preach. These religions such as Christianity and 19 Judaism place the responsibility of ones' actions on 20 individual choices. We also believe that each human 21 being has the capacity to resist these factors or 22 forces, and grow stronger by doing so. Most of all FFRM 23 holds that humans have freedom of choice. And that they 24 therefore are responsible for their own actions, not too 25 much evidence here. He shows me that I got a minute 105 1 left. I'm going to be asking for somebody to rent me 2 some time. 3 The point I would like to briefly just focus 4 on is the concept of responsibility. Taking 5 responsibility for one's actions is a noble concept. 6 But if one chooses to steal life, commit adultery or 7 gets away with it, who will -- who will they be 8 responsible for, or to. Now, Misty, another arch 9 atheist felt he was responsible for his own actions, and 10 that he had the right to decide what was right or wrong. 11 Thus his conclusions that good is evil and evil is good. 12 He also believed that he had the right to visit as many 13 prostitutes as he wished. And that he was only 14 responsible to himself. 15 JUDGE POLLARD: Time -- 16 MR. PRATT: He thought that venereal 17 diseases and the mental illnesses caused by it. 18 JUDGE POLLARD: Jack, your time's up. 19 MR. PRATT: Can I get some more time from 20 somebody yielding? 21 MS. SWITZER: I'll give you mine, Kathryn 22 Switzer. He can have mine. 23 JUDGE POLLARD: All right. 24 MR. PRATT: He also believed that he had the 25 right to visit as many prostitutes that he wished, and 106 1 that he was responsible to himself. As I said the end 2 result was veneral diseases and the mental illnesses 3 caused by it. He feared not hell, he felt he was 4 brilliant enough to choose his own right path and ended 5 up insane. Atheists are welcome to determine the right 6 from wrong as well as align their own minds to set as 7 consequences, or lack thereof. But atheist leaders of 8 the past already done it, and have not done such a great 9 job at it. The only high power that we can truly invoke 10 lies in our own minds and of our own intelligence. 11 Clearly if one does not believe in a higher power one 12 only has himself or herself the rely upon. But what a 13 weak foundation that is. Human beings have proven and 14 they proved to be very frail and weak beings. They who 15 have a chronic tendency to self destruct. The evidence 16 is the tens of millions of U.S. -- in the U.S. alone who 17 have incurable sexually transmitted diseases. The tens 18 of millions who are dying of smoke-relate diseases. The 19 whores who are committing suicide by using drugs and are 20 abusing alcohol. The millions who will choose to drive 21 while drunk. And on and on. Many such foolish people 22 are well educated and some are actually very 23 intelligent. I know some that are both brilliant and 24 intelligent as their self destructive actions have 25 clearly spotlighted. 107 1 Now, human beings have one -- have for 2 centuries paid lip service to religious ethics. The 3 fact that people believe in God or give superficial 4 reference to religion ethics means only that they are 5 superficial believers, or were still hypocritical 6 beings. The reality is that the society on global 7 levels humans are committing suicide and hesitate to 8 turn back. Even when the evidence is irrefutable. So 9 which intelligence is FFRF referring to. Maybe they 10 believe that scientists are the intelligent ones that 11 are leading to whom salvation. But scientists are the 12 ones responsibile for creating the atomic bomb, the 13 hydrogen bomb, the chemical weapons, the horrific 14 weapons, the technology that's poisoning our land, our 15 air and water. Lots of knowledge there, and a definite 16 understanding on the scientific method. But where is 17 their wisdom, where is their wisdom. Maybe the FFRF 18 should listen to the supreme scientists of the past 19 century. Einstein who warned that without a religion 20 based ethical culture there is no salvation for 21 humanity. He unlike atheists Christianity instead holds 22 that humans are very weak and in needs of God's help. 23 JUDGE POLLARD: Jack, your time's up again. 24 Thank you very much. Next up is Roy Harris, 242 Bartel 25 Road in Comfort. 108 1 MR. HARRIS: You, Sir are an atheist, right? 2 MR. WHITSETT: That's correct. 3 MR. HARRIS: Bingo. The problem we have 4 here -- 5 COMMISSIONER MOSER: Speak into the 6 microphone. 7 MR. HARRIS: The problem is this gentleman 8 here is under the assumption that he has rights. The 9 rights are endowed to us by our creator, that's God all 10 mighty. So in order to be able to invoke the first 11 amendment he is admitting there's a God, and he believes 12 that. That's all I've got to say. 13 (Applause.) 14 JUDGE POLLARD: All right. Next one is 15 Pastor Del Way, but he's already spoken. All right. 16 The next one is Kathryn Switzer. Did you give up your 17 time to -- 18 MS. SWITZER: Yes, Sir. 19 JUDGE POLLARD -- to Jack Pratt? 20 MS. SWITZER: Yes, Sir. 21 JUDGE POLLARD: Looks like Claudell 22 Kercheville from Kerrville. 23 MS. KERCHEVILLE: Yes, Sir. Good morning. 24 My name is Claudell Kercheville, I'm a resident of Kerr 25 County. And individually I represent St. Peters 109 1 Episcopal Church and Republican women of Kerr County. 2 I'm here to speak against the request from this 3 organization called Freedom from Religion Foundation to 4 place a banner on the Kerr County Courthouse property in 5 contrast to the nativity scene that is now displayed 6 during our Christmas season. The nativity scene is a 7 mere symbol and requires no script for its 8 interpretation, along with other symbols such as the 9 Christian cross, the star of David and the American 10 flag. It derives no meaning. It derives its meaning in 11 the hearts and minds of the viewer. The banner might 12 well violate the City of Kerrville's sign ordnance, as 13 well as mar the beauty of our historic courthouse with 14 the other holiday decorations of the season. I 15 respectfully request your rejection of this request. 16 Thank you, gentlemen. 17 JUDGE POLLARD: Eric Ashley. 18 MR. ASHLEY: Good morning, I'm Eric Ashley. 19 AUDIENCE: Can't hear you. 20 MR. ASHLEY: Back in 1999, I had my office 21 in what is now the tattoo shop. And Bud Barber came 22 over and Jim Murphy and Ray Lehmann. Ray Lehmann was a 23 Commissioner, and they said we want to put some 24 Christmas lights up on the courthouse and we need a free 25 survey. So I got nominated to be on the committee, and 110 1 so we got permission from the Court and then we decided 2 we needed a nativity scene and got permission from the 3 Court. And it's been there ever since. Our country was 4 founded on Jewdayo Christian principles, and that's what 5 keeps us together. It's what keeps it from all flying 6 out of control the way things seem to be going these 7 days. So on behalf of those three who are with our Lord 8 right now, you know, I have to say something and I think 9 I think reacting in anger is playing into his hands. So 10 with all due respect, Sir, no thank you. 11 (Applause.) 12 JUDGE POLLARD: David Sham(sic), 604 Ross 13 Street, I believe. 14 MR. SCHARE: Good morning. My name is David 15 Schare. 16 JUDGE POLLARD: Oh, Schare. 17 MR. SCHARE: That's close enough. Don't 18 care what you call me as long as it ain't late for 19 dinner. I have to tell you that I have worldwide 20 experience. I've worked with cultures around the world. 21 I worked with such people as Dr. Blatimere 22 Teagan(phonetic) who's the assistant to Dr. Wernher Von 23 Brom. So I understand the scientific community. I 24 understand cultures and different theologies, different 25 aspects worldwide. I have spent a lot of time doing it. 111 1 Most everything that all of you have spoken before I got 2 up here has been already stated in my disclaimers that 3 I'm giving to you right now. I am a God fearing 4 Christian, Number 1. Even after all of those 5 experiences, and those people who that I have worked 6 with. I recall one time while working with Congressman 7 Jim Leach of Iowa, that his assistance, and we're 8 talking about the Gulf War at that time, because of some 9 of the people that I was working with. I walked into 10 their office and I said, you know, there are ten laws 11 that Moses brought down that we must follow. And the 12 principles of this country are based upon those ten 13 laws. We are a nation of God by whatever name you want 14 to give your God, may be Allah, may it be Jehovah, it 15 doesn't make any difference, there's but one God. And 16 if we do not have in our hearts love, we have no God in 17 us. I was told in further disclaimer that I would be 18 dead before I was 40 years old. I have a life long 19 illness and I am close to death. And I know that that 20 day is coming soon; however, God has kept me here for 73 21 years. I think in that 73 years, this may be the 22 purpose that he saved me, to stay here. And that is to 23 give that expression of love. And out of that 24 expression of love, is it says I have a gift that I 25 would like to present to you my friend. And it says on 112 1 there in God we trust. 2 (Applause.) 3 MR. SCHARE: I thank you all for letting me 4 give you a message that I was given from our heavenly 5 father, in the name of Jesus Christ. 6 JUDGE POLLARD: Last but not least, Linda 7 Lake, 27 Wilderness Trail, Kerrville. 8 MS. LAKE: Good morning. Thank you for 9 allowing me to speak today, and thank you for your 10 attention. I don't really have anything prepared except 11 that in my heart of hearts, my mother was an atheist, 12 and my father was an agnostic. And although they did 13 not believe in the Lord Jesus Christ, who I do, they 14 never disrespected Christians. They never wanted to 15 take away from us what we held dearly. The fact that 16 she didn't believe was her choice, and it is your's, 17 Sir. But she is lost, and she is gone. And I will 18 never forgive myself for not helping to understand -- 19 helping her to understand the truth. But one thing I am 20 glad about my mother, was that she respected Christians 21 and understood that they held this deep belief and to 22 display this anywhere near the nativity to me is hugely 23 disrespectful. The last thing that I would like to say, 24 and I know you all know this, is that these people are 25 lost. And I don't know if we're allowed to pray in this 113 1 building, but I suggest that we all do for their souls 2 and their salvation. 3 AUDIENCE: Amen. 4 MS. LAKE: Our Lord he is able, and he is 5 mighty to save. Thank you. 6 JUDGE POLLARD: Thank you very much. 7 Ladies and gentlemen, I appreciate the 8 orderly conduct here. This session's closed. Thank you 9 very much. 10 COMMISSIONER BALDWIN: I want to vote. 11 JUDGE POLLARD: You want to go into closed 12 session? You want to vote on it now? 13 COMMISSIONER BALDWIN: Yes. 14 JUDGE POLLARD: Is there a motion? 15 COMMISSIONER BALDWIN: Judge, I'd like to 16 say something, please. 17 JUDGE POLLARD: Sure. 18 COMMISSIONER BALDWIN: Thank you. I believe 19 this government entity right here is a representative 20 government is what we have here. And what that means is 21 I represent one fourth of the citizens of Kerr County 22 of the approximately a thousand people -- or ten 23 thousand people, excuse me. Ten thousand people hired 24 me to come here and be their mouthpiece and take care of 25 their County business, and I want to do that today. So 114 1 with that in mind you're going to get a no vote from me. 2 COMMISSIONER MOSER: I can't add a lot to 3 what's been said by the citizens here, and what Buster 4 just said, but I agree with Buster a hundred percent, 5 we're here -- we're here to represent the citizens, 6 approximately 12 thousand 500 from each precinct, and I 7 intend on representing Precinct 2. I certainly respect 8 this gentleman's request. It can be done on another 9 day, December 21st may be a good day to do that, this 10 winter solstice. 11 AUDIENCE: No, no, no. 12 COMMISSIONER MOSER: This country was 13 founded on Jewdayo Christian principles, and without 14 that this Republic is threatened in many, many, many 15 ways, and I think we need to keep our guard up against 16 any of the threats. 17 JUDGE POLLARD: I'm reminded of the pledge 18 of allegiance where it says one nation under God 19 indivisible with liberty and justice for all. That's 20 all I got to say. 21 COMMISSIONER LETZ: I'd like to thank 22 everyone for coming, and I share the same opinion I 23 think that everyone that spoke after the gentleman 24 Mr. Whitless spoke. I, like the other two commissioners 25 that spoke, represent about 12 thousand people in the 115 1 County. Several came and I appreciate them coming. One 2 was from Kendall County, one I believe was from Kerr 3 County. But anyway, I am not in favor of letting this 4 banner be hung. I agree with the other Commissioners 5 and I appreciate and agree with what the majority of the 6 people here said. Thank you very much. 7 COMMISSIONER REEVES: I guess it's like that 8 old saying for drugs, no, just say no. 9 (Applause.) 10 JUDGE POLLARD: All right, is there a 11 motion? 12 COMMISSIONER BALDWIN: Judge, I move that we 13 say no to the request. 14 COMMISSIONER REEVES: I second. 15 JUDGE POLLARD: It's been moved by 16 Commissioner Baldwin and seconded by Commissioner Reeves 17 that we deny their request for displaying the banner on 18 the courthouse square as requested pursuant to item 1.30 19 on the agenda. 20 Is there any further discussion or comment? 21 MR. WHITSETT: May I say something? 22 AUDIENCE: Amen. Amen. Amen. 23 MR. WHITSETT: I just want to thank you for 24 what I regard is very sincere and honest and loving 25 input. Thank you for considering it. Thank you. 116 1 JUDGE POLLARD: All right. Is there any 2 further comment? There being none, those in favor of 3 the motion signify by raising your right hand. It's 4 five zero, unanimous. It's denied. 5 (Resumed in Commissioner's Courtroom.) 6 JUDGE POLLARD: All right, we're back in 7 open session, item 1.36 consider, discuss and take 8 appropriate action regarding personnel issue that we 9 briefly discussed in executive session. This is having 10 to do with Dakota, is that correct. 11 COMMISSIONER LETZ: Yes, I make a motion 12 that we authorize HR to continue Dakota Moyers under our 13 health insurance for 60 days. 14 JUDGE POLLARD: Is there a second? 15 COMMISSIONER REEVES: Second. 16 JUDGE POLLARD: Been moved by Commissioner 17 Letz, second by Commissioner Reeves to continue Dakota 18 under our insurance coverage for 30 days. 19 COMMISSIONER LETZ: 60. 20 JUDGE POLLARD: 60 days, I'm sorry. Is 21 there any further discussion? 22 COMMISSIONER LETZ: Yes. I would like to 23 make a comment. The reason for this is he's already 24 previously been hired by the County has gone through a 25 60-day period without insurance, and -- and the only 117 1 reason he -- this is an issue now is because we're going 2 under an MOU of the Texas A&M system and they were 3 asking another 60 days without insurance, and that is in 4 our mind not appropriate. 5 COMMISSIONER REEVES: And we would have been 6 paying for it anyway. 7 COMMISSIONER LETZ: Right. 8 JUDGE POLLARD: We are paying for it anyway. 9 Okay. Any further discussion? If not then those in 10 favor of the motion signify by raising your right hand. 11 It's four zero, unanimous. 12 Is there any further business for 13 Commissioners' Court on this session? 14 COMMISSIONER MOSER: Let's see, did we have 15 anything on 1.37? No, we had a special -- what was the 16 last agenda? 17 COMMISSIONER REEVES: Update of Castlecomb. 18 COMMISSIONER MOSER: That was just an 19 update, yeah. Okay. 20 COMMISSIONER LETZ: Nothing to vote on. 21 JUDGE POLLARD: All right, then we're 22 adjourned. Thank you. 23 * * * * * * 24 25 118 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas and Official 5 Reporter for Kerr County Commissioners' Court, do hereby 6 certify that the above and foregoing pages contain and 7 comprise a true and correct transcription of the 8 proceedings had in the above-entitled Commissioners' 9 Court Regular Meeting. 10 Dated this the 19th day of October, A.D. 11 2016. 12 13 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 14 No. 953 Expiration Date 12/31/2016 15 * * * * * * 16 17 18 19 20 21 22 23 24 25