1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, November 14, 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 *** Commissioners' Comments 7 4 1.1 Consider, discuss and take appropriate 9 action to set a Public Hearing regarding 5 posting "No Parking" signs on both ends of Verde Creek Crossing on Center Point 6 Drive E, Precinct 2. 7 1.2 Public Hearing for the Revision of Plat 12 for Lots 4, 5 and 6 of Pecan Valley 8 Subdivision recorded in Volume 4, Page 198, Precinct 2. 9 1.3 Consider, discuss and take appropriate 12 10 action for the Court's final approval of a Revision of Plat for Lots 4, 5 and 6 11 of Pecan Valley Subdivision recorded in Volume 4, Page 198, Precinct 2. 12 1.4 Consider, discuss and take appropriate 13 13 action to go out for Annual Bids for Road Base, Cold Mix, Aggregate, Emulsion 14 Oil and Corrugated Metal Pipe. 15 1.5 Consider, discuss and take appropriate 14 action to approve General Contract between 16 Comfort Seal Insulation and Kerr County Animal Services to apply foam seal 17 insulation on the detached building located at Animal Services and allow 18 County Judge to sign the same. 19 1.6 Consider, discuss and take appropriate 16 action to accept donation of a $250 20 Home Depot gift card from Loving Texas Pet Assistance to purchase paint for the 21 kennels at Animal Services. 22 1.7 Consider, discuss and take appropriate 18 action to evaluate 100 year Flood Plain 23 in area of 3rd Creek and Guadalupe River. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.11 Consider, discuss and take appropriate 30 action on request from Leadership Kerr 4 County and the Kerrville Area Chamber of Commerce to use Flat Rock Lake Park 5 and the Hill County Youth Event Center parking lot for EasterFest on April 14th 6 and 15th, 2017. 7 1.12 Consider, discuss and take appropriate 33 action on 12-month rule extension request 8 letter and allow the County Judge to sign same, Texas Department of Agriculture for 9 Texas Community Development Block Grant Project 7215045. 10 1.13 Consider, discuss and take appropriate 34 11 action on the Project Completion Report and Beneficiary List and authorize County 12 Judge to sign same, Texas Department of Agriculture for Texas Community Development 13 Block Grant Project 7214025. 14 1.15 Consider, discuss and take appropriate 35 action on te Self-Monitoring Review 15 Checklist and authorize county Judge to sign same, Texas Department of Agriculture 16 for Texas Community Development Block Grant Project 7214025. 17 1.14 Consider, discuss and take appropriate 36 18 action on amendments to the administration, engineering, and construction contracts, 19 Texas Department of Agriculture, Texas Community Development Block Grant Project 20 7214025. 21 1.19 Consider, discuss and take appropriate 39 action on request to reconsider the request 22 from Kerrville Free Thought to display a banner on courthouse lawn; court Order 23 #35800. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.22 Consider, discuss and take appropriate 66 action to open bids received from the 4 Requests for Proposals (RFP's) for the Hazardous Waste Collection Event, 5 distribute to appropriate personnel for review and evaluation; and award contract 6 if appropriate. Contract to be approved contingent upon approval by AACOG. 7 1.8 Consider, discuss and take appropriate 68 8 action for the Court to set a public hearing for 9:00 a.m. on December 27, 9 2016 for a revision for the Woods Lot 27, Volume 4, page 137, Precinct 2. 10 1.9 Consider, discuss and take appropriate 71 11 action for the court to set a public hearing for 9:10 a.m. on December 27, 12 2016 for a revision of plat for Highlands Ranch Lots 48 and 49, Volume 5, Page 233, 13 Precinct 1. 14 1.10 Consider, discuss and take appropriate 72 action for the court to set a public 15 hearing for 9:20 a.m. on December 27, 2016 for a revision of plat for Panther 16 Creek Estates, Lots 3, 6 and 7, File No. 16-4242, Precinct 4. 17 1.16 Consider, discuss and take appropriate 74 18 action on revision of the Kerr County Juvenile Detention Facility Policy and 19 Procedure Manual. 20 1.17 Consider, discuss and take appropriate 76 action on agreement with the Hill Country 21 MHDD to provide Telepsychiatry Services to the Juvenile Detention Center and 22 authorize the county Judge to sign the same. 23 1.18 Consider, discuss and take appropriate 79 action on approval of contract between 24 the Juvenile Detention Facility and Maverick/Dimmit/Zavala Counties Juvenile 25 Probation Department, and authorize the Judge to sign the same. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.20 Consider, discuss and take appropriate 82 action to approve the engagement letter 4 for the Audit of the Financial Statements and Single Audit for the period ending 5 September 30, 2016 and authorize County Judge to sign the same. 6 1.21 Consider, discuss and take appropriate 83 7 action to approve newly created IT Systems Administrator I job description as approved 8 for 2016-2017 fiscal year. 9 1.23 Consider, discuss and take appropriate 84 action regarding Interlocal Agreement to 10 establish a unified workforce development system throughout the Alamo Workforce 11 Development Area. 12 1.24 Consider, discuss and take appropriate 87 action on request from Kerr Central 13 Appraisal District to allow a surplus from the FY 2015 budget in the amount of 14 $34,416 to be applied to the Building Reserve Fund via a budget amendment. 15 1.25 Consider, discuss and take appropriate 90 16 action on implementation of the burn ban. 17 1.26 Consider, discuss and take appropriate 91 action to approve contract with Tierra 18 Linda Volunteer Fire Department, Families & Literacy, Inc., Mountain Home Volunteer 19 Fire Department, Center Point Volunteer Fire Department, and Dietert Center and 20 allow the County Judge to sign same. 21 1.27 Consider, discuss and take appropriate 92 action to ratify and confirm the RFP for 22 Administrative Services and RFQ for Engineering Services for pre-award services 23 for the creation of a Flood Warning System; reference Court Order #35833. 24 25 6 1 I-N-D-E-X 2 NO. PAGE 3 1.28 Consider, discuss and take appropriate 93 action to appoint a Kerr County 4 representative to the Alamo Area Development Council (AADC). 5 1.29 Consider, discuss and take appropriate 96 6 action regarding Management Incentive of the Hill Country Youth Event Center 7 per our agreement with Spectra Venue Management. 8 4.1 Pay bills. 106 9 4.2 Budget Amendments. 108 10 4.3 Late Bills. 108 11 4.4 Approve and accept Monthly Reports. 109 12 4.5 Auditor Reports. 110 13 5.1 Reports from Commissioners/Liaison 111 14 Committee Assignments as per attachment. 15 5.2 Reports from Elected Officials/Department 112 Heads. 16 5.3 Reports from Boards, Commissions and 112 17 Committees. a). City/County Joint Projects or Operations 18 Reports. b). Other. 19 1.22 Consider, discuss and take appropriate 112 20 action to open bids received from the Requests for Proposals (RFP's) for the 21 Hazardous Waste Collection Event, distribute to appropriate personnel for 22 review and evaluation; and award contract if appropriate. Contract to be approved 23 contingent upon approval by AACOG. 24 *** Adjourned. 117 25 * * * * * * 7 1 JUDGE POLLARD: All right, it's Monday the 2 14th, 2016. It's 9 a.m. and the Kerr County 3 Commissioners' Court is in session. We'll be led in the 4 prayer and the pledge this morning by Commissioner 5 Moser. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE POLLARD: All right. This is the part 8 of the meeting that is available for visitor's input. 9 Anybody wishing to speak on something that is not on the 10 agenda please step forward and identify yourself. Step 11 forward to the podium, identify yourself, and limit your 12 talk to three minutes. It there anyone wishing to speak 13 on something that is not on the agenda? All right. 14 There being none, we'll go to the 15 Commissioners and the Judge's comments. You have any 16 comments, Mr. Baldwin? 17 COMMISSIONER BALDWIN: No, Sir. I don't. 18 Thank you very much. 19 JUDGE POLLARD: Mr. Moser. 20 COMMISSIONER MOSER: None whatsoever, thank 21 you. 22 JUDGE POLLARD: I'm glad I don't have to 23 listen to any more political ads on TV all the time. 24 Wow. 25 COMMISSIONER LETZ: Just very brief, Friday 8 1 was the Veterans Day parade. Weather was fantastic. 2 Would have been nice to see a little bit larger turnout, 3 but it was a great time to honor the veterans, and a 4 joyful event and look forward to it continuing to grow 5 in the future years. 6 JUDGE POLLARD: I hope you noticed, too, the 7 addition to the war memorial out here, the benches that 8 were added to it, they're real good. A nice addition to 9 the war memorial. And I'm -- when I heard they were 10 going to be concrete benches, I thought oh boy, they're 11 going to be uncomfortable. But these -- these are 12 comfortable. I sat on them for a good while, and by 13 golly, they're comfortable. I never saw a concrete 14 bench that comfortable. All right, Mr. Reeves. 15 COMMISSIONER REEVES: Just a little 16 follow-up on Commissioner Letz. Friday morning I went 17 out to Ingram Tom Moore, they had a a Veterans Day 18 ceremony and presentation there at the high school. 19 Mr. Day, who was their grand marshal in the parade gave 20 a little talk and I think the students out there really 21 enjoyed to hear a firsthand account of some of the 22 things that have gone on. So it was very, very good 23 ceremony out there at the high school in Ingram. 24 JUDGE POLLARD: Thank you. All right. If 25 there's nothing further, we'll go to the first item on 9 1 the agenda -- and by the way this agenda today it's a 2 good size one, and those that are here for 3 reconsideration of the banner situation, it's item 1.19 4 on the agenda, and it's a timed item at 9:30 a.m., and 5 we have gotten permission -- we can't get the District 6 courtroom this time, either one of them, they're busy, 7 but we can move down the hall to the County Court at Law 8 which might be able to put just a few more people in the 9 room. I'm not sure. And so we're going to try that. 10 And so if you're here for the 9:30 thing that's where 11 we'll be right down the hall on the right on the first 12 floor. 13 All right, item 1.1 consider, discuss and 14 take appropriate action to set a public hearing 15 regarding posting "No Parking" signs on both ends of 16 Verde Creek crossing on Center Point Drive. Kelly 17 Hoffer. 18 MS. HOFFER: Road & Bridge received a 19 request from Logan Green, who is the president of the 20 Center Point Estates homeowners' association for us to 21 install two no parking signs on the east and the west 22 sides of the Verde Creek bridge. It seems that people 23 are parking and accessing Verde Creek. The home owners 24 in Center Point Estates do not want people to park near 25 the crossing and access Verde Creek. 10 1 We did a little research and also got with 2 the County Attorney and we have no right to tell people 3 that they cannot access in that, but we can put up no 4 parking signs to keep from people actually parking on 5 that crossing. Charlie Hastings, the Engineer went out 6 and drove it, he said he really felt that some of the 7 visibility -- it might help with the visibility when 8 you're getting near the bridge. So we are willing to do 9 a public hearing, set a public hearing, and look into 10 installing no parking -- no parking signs, be white with 11 red, which is considered regulatory, just like a speed 12 limit with the white with the black. It can be, you 13 know, the Sheriff's Department could fine somebody for 14 parking on that bridge. 15 So right now we're just here to have set a 16 date for the public hearing, for Tuesday, December 27th 17 at 9:05. 18 COMMISSIONER MOSER: I'd like to comment on 19 that. This is very similar to the situation at Brink's 20 Crossing. It's not to keep people out of the Verde 21 Creek, okay. They certainly have a right to be there 22 and enjoy it. It's just a safety issue the way the road 23 is. Comes down, winds and it turns around. And it's 24 cars park along there is a safety issue and that's what 25 we're going to have the public hearing about. 11 1 MS. HOFFER: Yes, Sir. 2 COMMISSIONER MOSER: But it was not to keep 3 people out of the creek. 4 COMMISSIONER LETZ: Excuse me. My only 5 comment is the date. I mean -- I don't -- cannot 6 imagine this is a time of the year when there's going to 7 be a whole lot of people going down to the creek. And 8 December 27th is usually we try to have a very limited 9 agenda for that. And plus it's not a really good time 10 for a public hearing in my mind. I would recommend we 11 postpone it for the first meeting in January. 12 MS. HOFFER: Okay. 13 JUDGE POLLARD: What date is that? 14 COMMISSIONER REEVES: The 9th of January. 15 MS. HOFFER: That actually works out better 16 for me. 17 JUDGE POLLARD: Is that a motion? 18 COMMISSIONER LETZ: Yes. I'll make a motion 19 we set the public hearing for the agenda item for 20 January 9th at 9:05. 21 COMMISSIONER MOSER: Second. 22 JUDGE POLLARD: Been moved by Commissioner 23 Letz, seconded by Commissioner Moser to set a public 24 hearing on item 1.1, and that is to whether or not to 25 put up no parking signs on both ends of Verde Creek 12 1 Crossing at Center Point Drive, and the motion is to set 2 it for a hearing on January 9th, 2017, at I guess it 3 would start at 9 o'clock that morning. All right, and 4 did I say it was seconded by Commissioner Moser? 5 COMMISSIONER MOSER: Correct. 6 JUDGE POLLARD: All right, is there any 7 further discussion? There being none, those in favor 8 signify by raising their rights hands. It's four zero, 9 unanimous. 10 Item 1.2, this is a public hearing for the 11 revision of plat for lots 4, 5 and 6 of Pecan Valley 12 Subdivision recorded in volume 4, page 198 in Precinct 13 2. I declare the public hearing open. Is there anyone 14 wishing to speak on this item? There being no one, I 15 declare the public hearing closed, and we go to item 16 1.3, the related item. 17 Consider, discuss and take appropriate 18 action for the Court's final approval of a revision of 19 plat for lots 4, 5, and 6 of Pecan Valley Subdivision 20 recorded in volume 4, page 198 in Precinct 2. 21 Mr. Hastings. 22 MR. HASTINGS: Thank you. Frank and Judy 23 Schaefer, owners of lots 4, 5, and 6 of the Pecan Valley 24 Subdivision, Volume 4, page 198, wish to combine lots 4 25 and part of 5 into lot 4-R, 7.56 acres, and lots 6 and 13 1 part of lot 5 into lot 5-R, 11.04, so the lots are 2 getting bigger, and they are on there own well, and 3 OSSF. And we just had the public hearing, and the 4 County Engineer requests the Court approve the revision 5 for lots 4, 5, and 6 of Pecan Valley Subdivision 6 recorded in Volume 4, page 198, Precinct 2. 7 COMMISSIONER MOSER: Move for approval as 8 recommended by the County Engineer. 9 COMMISSIONER REEVES: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Moser, seconded by Commissioner Reeves to final approval 12 of the revision of the plat for lots 4, 5, and 6 of 13 Pecan Valley Subdivision recorded in Volume 4 page 198 14 in Kerr County Texas, Precinct 2 of Kerr County, Texas. 15 Is there any further discussion or comment? There being 16 none, those in favor of the motion signify by raising 17 your right hand. It's four zero, it passes. 18 Item 1.4 consider, discuss and take 19 appropriate action to go out for annual bids for road 20 base, cold mix, aggregate, emulsion oil and corrugated 21 metal pipe. Kelly Hoffer. 22 MS. HOFFER: It's that time of year again to 23 bid our materials. We're asking the Court to give 24 authorization for us to go out for annual bids on road 25 base, cold mix, aggregate, emulsion oil and corrugated 14 1 metal pipe. Once we put out bids, we'll come back to 2 the Court to open the bids on December 12th, 2016 at 3 9:10 a.m. and also award the bids in Court at that time. 4 COMMISSIONER LETZ: Move for approval. 5 COMMISSIONER BALDWIN: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Letz, seconded by -- was it Commissioner Baldwin, that 8 for approval for the County to go out for annual bids, 9 seek annual bids for road base, cold mix, aggregates, 10 emulsion oil and corrugated pipe. Is there any further 11 discussion of any kind? Those in favor of the motion 12 signify by raising your right hands. It's four zero, 13 unanimous. 14 MS. HOFFER: Thank you. 15 JUDGE POLLARD: Thank you. Item 1.5 16 consider, discuss and take appropriate action to approve 17 general contract between Comfort Seal Insulation and 18 Kerr County Animal Services to apply foam seal 19 insulation on the detached building located at Animal 20 Services and allow County Judge to sign the contract. 21 MR. GARCIA: Good morning, Judge. Yes, Sir. 22 The County Attorney has reviewed contract we have in 23 front of you for approval. 24 JUDGE POLLARD: All right. 25 COMMISSIONER LETZ: This is budgeted? 15 1 MR. GARCIA: This is budgeted out of capital 2 outlay. 3 COMMISSIONER LETZ: Oh, capital outlay. In 4 the amount of $21,590.00. 5 MR. GARCIA: Yes, Sir. 6 COMMISSIONER LETZ: Move for approval. 7 COMMISSIONER REEVES: Second. 8 JUDGE POLLARD: Been moved and seconded 9 by -- it's been moved by Commissioner Letz and seconded 10 by Commissioner Reeves -- 11 MRS. GRINSTEAD: And we still don't have 12 their house bill 1295 form, so can you do it contingent 13 upon receipt of that. 14 COMMISSIONER REEVES: And I believe a 15 representative is here, if he could do it before he 16 leaves. 17 MR. GARCIA: Yes. 18 COMMISSIONER LETZ: I move contingent. 19 COMMISSIONER REEVES: And my second is. 20 JUDGE POLLARD: All right. The motion's to 21 approve the general contract between Comfort Seal 22 Insulation and Kerr County Animal Services to apply foam 23 seal insulation on the detached building located at the 24 Animal Service and authorize the County Judge to sign 25 same, but contingent upon receiving this form what? 16 1 MRS. GRINSTEAD: For house bill 1295. 2 JUDGE POLLARD: Okay. Is there any further 3 discussion or comment? There being none, those in favor 4 of the motion signify by raising your right hands. It's 5 four zero, unanimous. It passes. By the way, that was 6 for a figure of twenty thousand and what? 7 COMMISSIONER LETZ: $590.00. 8 JUDGE POLLARD: $21,590. 9 COMMISSIONER LETZ: Not to exceed that. 10 JUDGE POLLARD: Not to exceed that sum, is 11 that agreed? 12 COMMISSIONER BALDWIN: Yes, Sir. 13 JUDGE POLLARD: Okay. Item 1.6 consider, 14 discuss and take appropriate action to accept donation 15 of a $250.00 Home Depot gift card from Loving Texas Pet 16 Assistance to purchase paint for the kennels at Animal 17 Services. Ray Garcia. 18 MR. GARCIA: Yes. We received a phone call 19 from Loving Texas Pet Assistance, they wanted to donate 20 some paint for the outside kennels, the same building 21 we're going to get the foam insulation on. Loving Pet 22 Texas Assistance provides a service to our 5013C to 23 folks in our community in Kerr County, for both 24 Kerrville, City of Kerrville and the City of Ingram, and 25 all Kerr County residents. Those people who would have 17 1 some problems paying vet bills, or any other type of 2 issues they have. Even fencing that may be required for 3 their animal so they can keep their animals in their 4 home. So they've been working with us closely, and it's 5 a resident from Kerr County, from west Kerr. But they 6 currently reside in LA. She's a LA sergeant -- LAPD 7 sergeant that heads up the group here in Kerr County. 8 She's also a landowner in Kerr County. So we're 9 requesting that Court approve the use and the -- 10 COMMISSIONER MOSER: So move. 11 COMMISSIONER REEVES: I'll second. 12 JUDGE POLLARD: Moved by Commissioner Moser 13 and seconded by Commissioner Reeves that the County be 14 allowed to accept the donation of $250.00 from -- that's 15 Home Depot gift card for $250.00 from Loving Texas Pet 16 Assistance, and that's for the purpose of painting this 17 detached building at Animal Services. All right, is 18 there any further discussion? 19 COMMISSIONER LETZ: Just a question to the 20 Auditor. 21 MRS. DOSS: Yes. 22 COMMISSIONER LETZ: How do we handle this? 23 MRS. DOSS: I'll have to record it as a 24 donation of revenue, and then an expense of when he 25 actually goes out and uses the card. I'll have to 18 1 coordinate with Ray when the transaction actually takes 2 place. 3 COMMISSIONER LETZ: Okay. Thank you. 4 JUDGE POLLARD: That would be a designated 5 fund though? 6 MRS. DOSS: Well, it's going to be in and 7 out, i mean when he uses it. It'll be recorded as 8 revenue and expense immediately. 9 JUDGE POLLARD: All right. Any further 10 discussion? Those in favor of the motion signify by 11 raising your right hands. It's four zero, unanimous. 12 It passes. 13 1.7 consider, discuss and take appropriate 14 action to evaluate the one year floodplain in area of 15 3rd Creek and Guadalupe River. Commissioner Letz. 16 COMMISSIONER LETZ: I put this on the 17 agenda. This is related to the work for the floodplain 18 work that was done by the City, or by Freese and Nichols 19 by the City of Kerrville for the reuse pond. A couple 20 things why I put this on the agenda. One, on August 21 30th representatives from Freese and Nichols and the 22 City came to the Court, and basically said that there 23 was no change in the floodplain, and also went about the 24 data that was used when they did their study. We also 25 requested a copy of the CLOMR, which Charlie Hastings 19 1 did receive from the City. After he looked at that he 2 had some concerns about it. There's a meeting that 3 Mr. Moser and myself, Mayor White, interim City Manager 4 Don Davis, Kyle Burrow, and V. A. Hoppy(phonetic) from 5 the City were there. And at that meeting they made the 6 statement that the data that was used for this map 7 was -- I call it LIMAR(phonetic), is that correct? 8 MR. HASTINGS: LIDAR. 9 COMMISSIONER LETZ: LIDAR. That was done 10 for the CLOMR in early 2016 and also when we started 11 looking at the maps, to get into a little bit of 12 splitting hairs. I'm not going to argue or try to 13 challenge what they said, but this area was previously 14 unstudied. And floodplain on the maps that we have in 15 front of us, the cross hatched area was what the hundred 16 year floodplain area was originally. When they did the 17 study the floodplain changed drastically to the blue 18 area. And their engineer and the City said that the 19 post and pre construction of the reuse pond is the same. 20 The issue that I have is I think it was a 21 little bit misleading to tell us that the floodplain 22 didn't change, that there was no change posted, because 23 obviously it did change substantially when they studied. 24 Yes, I think they could have been little bit more 25 forthright with that. But my biggest problem with it is 20 1 the map puts part of the floodplain in over where the AG 2 barn is. And puts the AG barn in the hundred year 3 floodplain. We did some checks with our insurance 4 company, and with TAC, and this will require that 5 building to be put under flood insurance for that 6 building, which we have not had to buy previously. It 7 also caps any claim we have on that building due to 8 flooding to 500 thousand from the National Flood 9 Insurance and one million from TAC. So we basically now 10 have a 15-plus million dollar building that the maximum 11 flood insurance, or we would ever get is 1.5 million if 12 it ever flooded. And that's a pretty significant impact 13 to the taxpayers. So that is one of the reasons. 14 I started looking at the map a lot closer 15 along with Charlie Hastings, and we found out that the 16 data they used was 2009, that it was not accurate when 17 they told us that it was new data; it was old data. 18 There have been changes in the floodplain area since 19 that date of the flood in 2009. Essentially the 20 construction of the Exhibit Hall, and during that we 21 changed the grading of the parking lot quite a bit. I 22 also looked at the -- across the creek and as many know 23 I'm pretty familiar with those baseball fields there, 24 and I was looking at the contours, and based on those 25 contours the pitching mound is over two feet high. 21 1 Well, that is not true. We shot that recently this 2 year, and the difference on that field is maybe ten 3 inches. So I have a real question about the accuracy of 4 the data that they used in this area. And the reason 5 it's on the agenda now is my understanding with the 6 County Engineer that the City plans to present the 7 CLOMR, which has this map attached this week. And I 8 think -- and I would like to have the Court ask the City 9 formally to delay submitting the CLOMR until we can go 10 out there. And we have to spend tax dollars on this 11 unfortunately or, you know, unless the City agrees to do 12 it, and go out there and verify exactly what the 13 contours are out here. 14 I find it interesting, and I talked to some 15 engineers as well, that say you know we have had hundred 16 year flood events in the last 40 years. '78 flood is 17 one, we had another one in 2002, and I do not recall 18 Highway 27 ever being under water. It's shown now as a 19 hundred year floodplain so, you know, I have just over 20 all concerns. And I think that like I said, and I'll 21 make a motion that Commissioners' Court request that the 22 City not submit the CLOMR until we have some additional 23 time to evaluate specifically this area, and verify some 24 of their contours. And you know, that's my -- I'll make 25 a motion to that effect. 22 1 COMMISSIONER BALDWIN: Second. 2 COMMISSIONER MOSER: I would like to make 3 some points on that, if I may. 4 JUDGE POLLARD: Let me just recite the 5 motion. The motion was by Commissioner Letz to ask the 6 City to delay submitting the CLOMR. By the way, when we 7 get into the discussion there are a lot of people out 8 here that don't know what a CLOMR is and I'd ask you to 9 explain that to them, and they also don't know what TAC 10 is, and explain who they are. All right, back to my 11 motion. And seconded by Commissioner Baldwin. Is there 12 any further discussion? 13 COMMISSIONER MOSER: Yes. First of all, 14 this came to everybody's attention I think because of 15 the proposed reservoir, let me call it that, for 16 effluent water. And from my understanding, and I'll 17 play engineer because I are one, is that this has 18 nothing to do -- this change in the floodplain will make 19 it very, very clear, and the city's here and I'll ask 20 them to comment on this, is the result of higher 21 resolution topographical information using LIDAR, and 22 LIDAR is just a sophisticated way of making measurements 23 from aircraft as opposed to land surveying and before -- 24 and I'll not get into the complexity of that. But it's 25 a higher resolution of the topography in that area. And 23 1 with that that higher resolution data, which is 2009 or 2 2016, I don't care which of those it is, okay, it says 3 that this is what the floodplain would be. Okay. And 4 that could be reported in the documents to be presented 5 to FEMA, is what the CLOMR is, whatever that acronym 6 stands for. So this is not -- I'll make it very clear, 7 my understanding, this has nothing to do with the fact 8 that the reservoir, proposed reservoir is there. It has 9 to do with the fact that there's higher resolution civil 10 engineering data. 11 Now then, on whether or not this is an 12 impact for the City and their plans to proceed with 13 their effluent water, which is important to the economy 14 of this County, I would ask them to comment whether 15 delaying the CLOMR is there. I understand that 16 insurance is there's, as a matter of fact I asked Dawn 17 three or four weeks ago to see what it meant to the 18 County for this. And if it's -- if it's there, I don't 19 know, we can always claim or go back and I guess FEMA'S 20 the one that decides where the floodplain is based on 21 the data presented. This does not say the floodplain's 22 changing, this is just simply saying the County is going 23 to present something that says we have additional 24 information. And if the County wants to look at further 25 information beyond that of surveying, I think that 24 1 that's the appropriate thing to do, because I think 2 Commissioner Letz raised some very good points. That 3 there's some things in here which says that the LIDAR, 4 which is -- it's not a perfect thing, but it's a better 5 thing than existed before. But this is not an issue 6 between the City and County, okay. I don't think it's 7 that, and I don't want people to interpret that this has 8 anything to do with the reservoir. My understanding 9 with Freese and Nichols said and very clearly was that 10 this is no impact because of the reservoir itself. 11 JUDGE POLLARD: It may not be true though. 12 COMMISSIONER LETZ: I disagree with some of 13 what you're saying. The contour one, this area the 14 topography has changed since that data was done. 15 Period. That's just a fact. Therefore, they are 16 applying data that is out dated. 17 JUDGE POLLARD: Their data indicates Highway 18 27 is going to be under five feet of water. 19 COMMISSIONER LETZ: Well, that's only if the 20 thing breaches. 21 COMMISSIONER MOSER: No, that's a different 22 subject, Judge. That's not correct what you just said. 23 JUDGE POLLARD: I agreed with you. 24 COMMISSIONER MOSER: No, it's not correct. 25 JUDGE POLLARD: I thought it was. 25 1 COMMISSIONER MOSER: You said five feet of 2 water. That assumes that the reservoir's there and all 3 of a sudden the dam around the reservoir disappears. 4 JUDGE POLLARD: Yes, that's right. 5 COMMISSIONER MOSER: That's not what this 6 is. 7 JUDGE POLLARD: If it fails. 8 COMMISSIONER MOSER: That's not what this 9 is. This has to do with normal rainfall. This doesn't 10 have anything to do with a hundred year rainfall. 11 Doesn't have anything to do with the reservoir and all 12 of a sudden -- 13 JUDGE POLLARD: But if it fails it is true. 14 COMMISSIONER MOSER: Different subject. 15 It's not the subject on the table. 16 COMMISSIONER LETZ: I agree with Mr. Moser. 17 This is not a statement on the reuse pond. 18 COMMISSIONER MOSER: Make that very clear. 19 COMMISSIONER LETZ: But this is a statement 20 on the floodplain. 21 COMMISSIONER MOSER: Right. 22 COMMISSIONER LEZ: And we've asked the City 23 when we were at the meeting have them relook at this 24 area, because if it is at all possible to show that the 25 AG barn or Hill Country Event Center is not in the 26 1 floodplain, this is beneficial to the taxpayers of this 2 County. 3 COMMISSIONER MOSER: Correct. 4 COMMISSIONER LETZ: This is a model. 5 Models, you know, can be tweaked and changed. It's a 6 model. They put the rainfall amounts and the frequency 7 all into this model and created this map. And I would 8 like it re looked at is what I'm saying. And I think 9 that some of the topographic data is not accurate. 10 Because it was done before a fair amount of construction 11 was done out there. And you are correct when you said 12 that this isn't changing the map, but I would -- my 13 preference would be to not have that AG barn and any map 14 submitted to FEMA, because it does have a financial 15 impact to the County. You know, after it's all looked 16 at, if it's in the floodplain it's in the floodplain. 17 It can't be changed, but I'd hate to have that map 18 submitted that may not accurate. 19 COMMISSIONER MOSER: Well, let me ask and 20 see. What does it do to delay the CLOMR? 21 MR. BUROW: It really just delays FEMA'S 22 awareness. The first step is because on a Zone A a 23 CLOMR is not even required. This is something the City 24 Council has asked us to do, because of the reuse pond 25 project. To clarify things as we've discussed 27 1 previously the floodplain does not actually change, but 2 the map changes because you go from an un detailed study 3 to a detailed study, and basically requirements are set 4 forth by FEMA. And you have to do a broad -- 5 JUDGE POLLARD: Would you identify yourself. 6 MR. BUROW: I'm sorry. Kyle Burow, City 7 Engineer. So as Mr. Letz said the AG barn was done '14, 8 I think what we figured out, so five years after the 9 CLOMR. But the problem with that is a centralized 10 process data that was not brought across the entire 11 watershed area. So what FEMA'S requirements are is the 12 two foot -- I believe they were counting City contours 13 back in 2009 that would share. And that was the 14 establishment of what data was to use. That was the 15 most accurate data cross the entire watershed area. 16 And as far as the CLOMR itself it's 17 something that we've been asked to submit on behalf of 18 the pond because of the project, but it does not change 19 the map. The map does not change until the LOMR is 20 submitted and the LOMR cannot be submitted -- 21 JUDGE POLLARD: Would you explain what a 22 CLOMR is? 23 MR. BUROW: A CLOMR is a conditional letter 24 of map revision to basically what that does is FEMA 25 hears that we are doing a project, a project that is not 28 1 required to be done. If you get a CLOMR approved, 2 basically, like I said, the actual map revision takes 3 occurring on a LOMR, which is just a letter of map 4 revision. And you can't present a LOMR until after the 5 project is complete and you go in and get your actual 6 data. 7 COMMISSIONER MOSER: So I still didn't 8 understand your answer. So if you delay as Commissioner 9 Letz is requesting -- 10 MR. BUROW: We would have to get Council's 11 authorization on that. But there really is no 12 difference in delaying on a CLOMR. Now a LOMR has a 13 bigger issue because a LOMR is actually is the map 14 revision. 15 COMMISSIONER BALDWIN: CLOMR and LOMR. 16 MR. BUROW: That again is FEMA is 17 acknowledging that change. What CLOMR whether we submit 18 it today or a month from now FEMA'S not going to change 19 the map. They're not going to put you in the 20 floodplain. This is just letting them know that hey, we 21 will be submitting a LOMR if this project is completed. 22 COMMISSIONER MOSER: So delaying the CLOMR 23 doesn't have any impact on the project other than the 24 fact that the City Council asked you to submit it? 25 MR. BUROW: That is correct. 29 1 COMMISSIONER MOSER: Okay, got it. Thank 2 you. 3 JUDGE POLLARD: Any other comment, 4 questions? 5 COMMISSIONER REEVES: I feel there's 6 definite need to find out on our County properties, and 7 if a delay could be had on that, I think it's needed. 8 COMMISSIONER MOSER: And I think we oughta 9 consider and I think it does have an impact on us, or 10 could. And it may mean that we need to number one 11 delay the CLOMR, that's good, but we may need to do some 12 additional surveying ourself, okay, locally and, you 13 know, in that area, and that would -- that would -- I 14 know some engineers around here probably do that gratis. 15 MR. BUROW: But the project won't be done 16 until May 2018 so that gives you -- so that would be the 17 earliest that the LOMR would even be made. 18 COMMISSIONER LETZ: The intent would be on 19 the next agenda item. I was hoping maybe the City would 20 volunteer to do some of this survey work, but if they 21 choose not to, but it would be on the next agenda for us 22 to authorize the County to go out and shoot a few 23 points. 24 JUDGE POLLARD: All right. Is there any 25 further discussion on the motion, comment? There being 30 1 none, those in favor of the motion signify by raising 2 your right hands. It's four zero, unanimous. Would 3 that notice also be sent to TCEQ? 4 COMMISSIONER LETZ: No. No. I think it 5 just goes from -- verbally, Judge, if you could just 6 write a quick letter to the Mayor. 7 JUDGE POLLARD: Okay. 8 COMMISSIONER LETZ: That would be the 9 appropriate thing. 10 JUDGE POLLARD: All right. Item 1.8 11 consider, discuss and take appropriate action for the 12 Court to set a public hearing -- 13 COMMISSIONER MOSER: You got a 9:15. 14 COMMISSIONER REEVES: You got a timed item. 15 JUDGE POLLARD: All right, we got a 9:15 16 one, timed one, we'll have to skip down to that one. 17 1.11 consider, discuss and take appropriate 18 action on request from Leadership Kerr County and the 19 Kerrville Area Chamber of Commerce to use Flat Rock Lake 20 Park and the Hill Country Youth Event Center parking lot 21 for EasterFest on April 14th and 15th, 2017. 22 Mr. Zachary Pierson. 23 MR. PIERSON: Good morning, gentlemen. How 24 are y'all doing today? Okay, so my name is Zachary 25 Pierson, I'm a member of the Leadership Kerr County 31 1 group, class number 32. We will be putting on our 2 EasterFest chili barbecue cook off this year. Before I 3 get going, I did want a make an amendment to that. Upon 4 further investigation and just seeing what happened last 5 year it was actually beneficial to add a couple more 6 dates onto that, so I was hoping to add on the 13th, 7 which is a Thursday, and the 16th, which is that Sunday. 8 So that will give us a total of four days with the park, 9 and the parking lot as well. 10 So on behalf of the class and the area of 11 Chamber of Commerce, I would like to respectfully 12 request the use of Flat Rock Park for our EasterFest 13 chili and barbecue cook off and community celebration, 14 and the use of the AG barn parking lot for additional 15 parking on the event. The event has been running for 16 over 40 years. The leadership classes have been taking 17 control of those the past couple years and we will 18 continue on with that tradition this year, with the 19 expansion of the dates four days, because some of our 20 vendors actually come in early to use the park on 21 Thursday and set up, and then have the park through 22 Sunday to make sure that it gets cleaned up properly. 23 Other than that, I believe that's it. We thank you for 24 your time, and greatly appreciate your efforts towards 25 this. 32 1 JUDGE POLLARD: Do we have any records of 2 whether the addition of the 13th and the -- 3 MRS. GRINSTEAD: I'm sorry, I walked out. 4 But we don't have anything at Flat Rock. 5 JUDGE POLLARD: They've added one more day 6 in the front and one at the back end. So it's a total 7 of four days. Does that conflict with any other planned 8 activity? 9 MRS. GRINSTEAD: I don't think we have 10 anything at Flat Rock. I don't know about the Youth 11 Event Center. 12 COMMISSIONER BALDWIN: Move for approval. 13 COMMISSIONER REEVES: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Baldwin, seconded by Commissioner Reeves for approval of 16 the request from the Leadership Kerr County and the 17 Kerrville Area Chamber of Commerce to use Flat Rock Lake 18 Park and the Hill Country Youth Event Center parking lot 19 for April 13th, 14th, 15th and 16th, 2017. Is there any 20 further discussion or comment? 21 COMMISSIONER LETZ: Just on the comment make 22 sure you coordinate with Jake Williamson and use the 23 parking lot and what's going on. 24 MR. PIERSON: Yes, Sir, will do. 25 JUDGE POLLARD: All right. And it's 9:30 33 1 now, too. And we have -- we got a bunch of them here. 2 COMMISSIONER LETZ: We didn't vote on that 3 one. 4 COMMISSIONER MOSER: Vote. 5 JUDGE POLLARD: Oh. Those in favor of the 6 motion signify by raising your your right hands. That's 7 four zero, unanimous. 8 MR. PIERSON: Thank you, gentlemen. 9 JUDGE POLLARD: All right, thank you. 10 I guess we go to the next 9:15. Was it 1.12 11 consider, discuss and take appropriate action on 12 12-month rule extension request letter and allow the 13 County Judge to sign same, Texas Department of 14 Agriculture for Texas Community Development Block Grant 15 Project 7215045, and that's in Precincts 2 and 3 of Kerr 16 County. Katie Falgoust. 17 MS. FALGOUST: Good morning. So for the 18 Center Point -- or for East Kerr County project, we are 19 requesting that this letter be submitted to the Texas 20 Department of Agriculture since we are going to be 21 roughly three months behind. There is one edit 22 acquisition is still in process, so under one of the 23 first four points, I would like to change it from 24 October, 2016 to November for the complete acquisition 25 as an update. But everything else as of our last 34 1 conference call the last plan is still to start bidding 2 in November with the contract execution, and in January, 3 so -- 4 COMMISSIONER MOSER: So move. 5 COMMISSIONER LETZ: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Moser, seconded by Commissioner Letz to approve the 8 extension of request letter -- extension request letter 9 and allow the County Judge to sign same. This is with 10 the Texas Department of Agriculture for Texas Community 11 Block Grant Project 7215045. Any further comments or 12 questions about it? There being none, those in favor 13 signify by raising your right hands. It's four zero, 14 unanimous. 15 The next timed one is also at 9:15. Item 16 1.13 consider, discuss and take appropriate action on 17 the project completion report and beneficiary list and 18 authorize the County Judge to sign same. This is Texas 19 Department of Agriculture for Texas Community 20 Development Block Grant Project 7215045 in Precincts 1 21 and 2, Katie Falgoust. 22 MS. FALGOUST: This is the project 23 completion report that's required within 60 days of the 24 certificate of construction completion, and it includes, 25 you know, how much was each contract was for, how many 35 1 people benefitted from this project, so this is due 2 December 12th, and this is the report that we would like 3 the County to submit. Does anybody have questions? 4 COMMISSIONER BALDWIN: No. But I move for 5 approval. 6 COMMISSIONER MOSER: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Baldwin, seconded by Commissioner Moser to authorize the 9 action -- to approve the action on completion report and 10 beneficiary list and authorize the County Judge to sign 11 same regarding the Texas Department of Agriculture for 12 Texas Community Development Block Grant Project 7214025, 13 and which is in Precincts 1 and 2 in Kerr County. Any 14 further discussion? If not, those in favor signify by 15 raising your right hands. It's four zero, unanimous. 16 Item 1.15 consider, discuss and take 17 appropriate action on the self-monitoring review 18 checklist and authorize the County Judge to sign same. 19 Again, this is the Texas Department of Agriculture for 20 Texas Community Development Block Grant Project 7214025 21 in Precincts 1 and 2. Katie Falgoust. 22 MS. FALGOUST: Good morning. So TDA has 23 shifted a lot of their monitoring to self monitoring. 24 And basically the grant administrator completes a 25 checklist to say how the County has met various Federal 36 1 and State regulations, so I've completed it, and if 2 there are any questions. Basically, there were no 3 findings or concerns. 4 COMMISSIONER MOSER: Let me just comment on 5 that, Katie. Very simply said, she completed the form 6 that was 46 pages. There were probably 500 items on 7 there that had to be looked at, and it says we're self 8 approving those ourself that we complied with those so 9 thank you, Katie. 10 COMMISSIONER BALDWIN: Move for approval. 11 COMMISSIONER MOSER: Second. 12 JUDGE POLLARD: Moved by Commissioner 13 Baldwin, seconded by Commissioner Moser to approve the 14 self monitoring checklist and authorize the County Judge 15 to sign same with the Texas Department of Agriculture 16 for the Texas Community Development Block Grant Project 17 7214025. Any further discussion? There being none, 18 those in favor signify by raising your right hands. 19 It's four zero, unanimous. 20 Did I skip 14? 21 COMMISSIONER LETZ: Yes. 22 JUDGE POLLARD: All right, let's cover item 23 1.14 consider, discuss and take appropriate action on 24 amendments to the administration, engineering and 25 construction contracts, Texas Department of Agriculture, 37 1 Texas Community Development Block Grant Project 7214025. 2 I've about got it memorized now, in Precinct 1 and 2. 3 MS. FALGOUST: This is the last item for the 4 Kerrville South Phase XI projects. TDA had received 5 guidance from HUD that there was more specific language 6 regarding access to records and records retention for 7 the contract. So both Tetra Tech and GrantWorks have 8 submitted the 1295 disclosure interest forms, and have 9 signed the amendments, and so we would like the County 10 to also consider amending the contract to add in this 11 required, or suggested language. And then the other one 12 is for Nelson Lewis, the construction contractor, they 13 have not submitted the 1295 form, but once they do, we 14 would like the County to sign the amendment. 15 COMMISSIONER MOSER: So move. 16 COMMISSIONER BALDWIN: Second. Are we 17 supposed to approve this, even though they haven't -- we 18 haven't gotten everything in? 19 MS. FALGOUST: This is contingent -- 20 MRS. GRINSTEAD: Exactly, contingent. We 21 just legally have to have that House Bill 1295 form 22 before we sign the contract. 23 COMMISSIONER MOSER: Yeah. I move approval 24 with that contingency. 25 COMMISSIONER BALDWIN: I second. 38 1 JUDGE POLLARD: With that contingency. 2 COMMISSIONER BALDWIN: Yes, Sir. 3 JUDGE POLLARD: Been moved by Commissioner 4 Moser, seconded by Commissioner Baldwin for to -- that 5 was 1.14. Take appropriate action on the amendments to 6 the administration, engineering and construction 7 contracts, Texas Department of Agriculture, Texas 8 Community Development Block Grant Project 7214025 in 9 Precincts 1 and 2 in Kerr County, Texas. Any further 10 comment, discussion or questions? 11 COMMISSIONER BALDWIN: This completes the 12 project, and a job well done by all involved. Thank you 13 all very much. 14 COMMISSIONER MOSER: Amen. 15 JUDGE POLLARD: Anything else? If not, 16 those in favor of the motion signify by raising your 17 right hands. Item 1.14 is approved unanimously, four 18 zero. 19 All right, the next timed item was at 9:30, 20 1.19. At this time we'll move down to the County Court 21 at Law courtroom right down the hall on the right. 22 (Off the record.) 23 JUDGE POLLARD: We're going to go into 24 executive session briefly. We'll be right down there. 25 We'll be going into executive session. 39 1 (Executive session.) 2 JUDGE POLLARD: Commissioners' Court has 3 moved and we're going to consider 1.19 on the agenda. 4 There have been three requests to speak forms, but I 5 understand there's some other people that wish to speak 6 as well and we're out of forms so here comes another 7 one. 8 Item 1.19 on the agenda is consider, discuss 9 and take appropriate action on request to reconsider the 10 request for the Kerrville Free Thought to display a 11 banner at the courthouse lawn. Mr. David Whitsett, are 12 you here? 13 MR. WHITSETT: Yes, Sir. 14 JUDGE POLLARD: All right. Do you wish to 15 address anything, and say anything at this time? 16 MR. WHITSETT: Briefly, I do, yes. 17 JUDGE POLLARD: Step forward, please. 18 MR. WHITSETT: Good morning, gentlemen, and 19 ladies, too. As I said at the September 26th 20 Commissioner meeting Kerrville Free Thought is 21 requesting that our banner celebrating the adoption of 22 the Bill of Rights on December 15th, 1791, and the 23 winter solstice on December 21st be displayed along with 24 the other holiday decorations on the courthouse lawn 25 this winter. We're simply asking for equal access to 40 1 the courthouse lawn. We don't want any special 2 treatment. We would like our banner to be displayed on 3 the courthouse lawn at a location where it's easily 4 visible, from Main and/or Sidney Baker Streets. We 5 would like it to be displayed at a period of time equal 6 to the Christian nativity scene, and if the nativity 7 scene is put up and taken down by Kerr County employees 8 then the banner should also be put up and taken down by 9 those employees. 10 United States of America is a pluralistic 11 nation built on the principal that ideas should be 12 freely exchanged, and we're simply asking that we 13 receive the equal protection guaranteed by the 14 constitution. There appear to be a large contingent of 15 people who oppose our request for equal access to 16 deliver our message courthouse lawn, but the way to 17 counter speech that you oppose is not through 18 censorship; it's through more speech. Our constitution 19 protects speech; not censorship. And it's designed to 20 protect the rights of the minority from the tyranny of 21 majority rule. It doesn't matter how many people would 22 like to silence the atheist and agnostics in the 23 community. We're here, we exist. And free speech means 24 nothing if it doesn't apply to everything. Thank you. 25 JUDGE POLLARD: All right. Now, those that 41 1 wish to speak on the banner, including the ones that 2 filled out these forms and those that haven't filled 3 them out, please step up to where he was and limit your 4 talk to three minutes, please. You want to start, 5 Mayor? 6 MR. PRATT: Sure, I'll start. This is one 7 nation under God, and Jesus offered humanity 8 irresistible motivating transforming concepts that have, 9 are and will continue to move millions of people to help 10 their fellow man worldwide. Contrary, what have the 11 atheists done for humanity in the meantime? What is 12 FFRF doing for humanity except trying to undermine 13 religion and Christianity in particular anywhere it can. 14 And unlike what FFRF propagates, the ones that led the 15 revolutionary changes have transformed our world for the 16 better where Christ inspired men and women; not 17 atheists. 18 A Christmas is the time of celebrating the 19 birth of our Lord and his values, so let's not change 20 the courthouse lawn that reminds us of the importance of 21 a strong ethical value system; otherwise, those values 22 will disappear from society and will disappear from -- 23 and then we have real turmoil left to our children and 24 our grandchildren. And I'll cut this short. I have my 25 comments on record from the last time I spoke on this 42 1 issue, so I bring those back up into the record. 2 JUDGE POLLARD: Thank you. All right, start 3 off by identifying yourself. 4 MR. JERRAL: I'm Thomas L. Jerral, not the 5 lawyer. And I speak on behalf, I'm a member of a local 6 church. What we're here seeing today is a battle of 7 world views. A battle between secular humanism, free 8 thinkers-atheists and Christianity. This banner -- 9 proposed banner is a attempt to inject an anti-Christian 10 world view into the Christmas season. This is not the 11 time or humanist to display their banner. As we still 12 say on our money in God we trust, that too is also to be 13 under attack by the humanists. If free thinkers had 14 their way it would also be removed. This banner should 15 not be permitted during the Christmas season as an 16 attempt to affront Christians. Thank you. 17 JUDGE POLLARD: You filled out a form? 18 MR. LAWERENCE: I don't have a form, I never 19 got one. 20 JUDGE POLLARD: Come on up. State your name 21 and address. 22 MR. LAWRENCE: Drew Lawrence, 113 Spring 23 Meadow. This has seemed to turn into a big thing 24 against religion. I never quite understood that you 25 know. I wasn't at the last meeting and I've been kind 43 1 of following this in the paper. I'm a combat Viet Nam 2 veteran. By combat I mean people were trying to kill me 3 and I was killing people. I wasn't pushing a pencil. I 4 took an oath to -- on the constitution to uphold the 5 Constitution, so I am not really trying to apply this 6 from a religious point of view. I'm coming from a man 7 who fought for the Constitution, and I'm here 8 representing the Constitution, in my opinion. So from a 9 Constitutional point of view I don't -- I don't quite 10 see what they're doing is bad, but I would like to read 11 one thing. Can I ask a question of the people here? 12 JUDGE POLLARD: Yeah, go ahead. 13 MR. LAWRENCE: How many of you think Ronald 14 Reagan was a good President? 15 (Show of hands.) 16 MR. LAWRENCE: Okay. I just want to read 17 something he said and that's all I have to say. We 18 establish no religion in this country, we command no 19 worship, we mandate no belief, nor will we ever. Church 20 and State are and must remain separate. Thank you. 21 JUDGE POLLARD: Thank you. Yes, Ma'am. 22 MS. LAKE: Good morning. My name is Linda 23 Lake, I'm a member of the Kerrville Church of Christ, 24 and I have upmost respect for the Constitution of the 25 United States of America, our veterans of every sort. 44 1 But I am here to speak on behalf of the higher power. 2 And that is even above and beyond, that is my God. It 3 would be quite a different situation if the banner 4 wasn't such a mockery of the nativity set. It shows 5 three quote unquote wise founding fathers surrounding 6 what looks to be a manger scene in which the Bill of 7 Rights is displayed. If that is not a mockery and 8 showing great disrespect for what we as Christians held 9 dear, I don't know what is. I have always thought that 10 it was freedom of speech absolutely, but why are they 11 wanting to do it now, because this is the Bill of Rights 12 birthday? I don't really think so. I think they are 13 wanting to get under our skins. They're wanting to 14 create trouble and you're wanting to disrespect 15 Christianity. That is your whole point. And, Sir, as 16 long as I am alive I will contend that. Thank you very 17 much? 18 JUDGE POLLARD: Thank you. Is there anyone 19 else wishing to speak? 20 MS. LAURA: Hi, my name is Elsa Lara and I'm 21 not here on behalf of any group or anything. I just 22 wanted to say that the nativity scene has already gone 23 to the Supreme Court. It's already been -- it's okay to 24 have it, but it has to pass an endorsement test. And 25 the endorsement test says that a law -- it says it's 45 1 unconstitutional if it endorses a belief in a way that 2 it tells those who agree with it that they are favorite 3 insiders and those who disagree with it that they are 4 dis favorite outsiders. And the other side of the coin 5 would be disapproval of religion or religious belief in 6 such a way those that who agree with the beliefs are 7 told that they are disfavored outsiders while those that 8 disagree with the belief are favored insiders. When 9 they approached and wanted to hang their sign, I 10 listened to it and everything, went home, googled 11 Kerrville Free Thought. And what I found on there 12 website was a lot of hatred. It was a lot of mockery of 13 Christian belief. It was a lot of making you feel like 14 you're stupid if you do believe in a higher power or a 15 Christian God or, you know, just basically making me 16 feel like my beliefs were ridiculous or stupid or 17 doubtful, like I should be doubtful of what I believe. 18 And I think if you hang their sign with words saying 19 Kerrville Free Thought, it's like an endorsement of you 20 for their group, and when I go to their Facebook page I 21 feel discriminated against. I feel like if you hung the 22 sign, I would be an outsider, while they were a favored 23 insider. And I'm asking you not to discriminate against 24 me. I don't want to walk up to courthouse and feel like 25 you approve of their belief system, because in that 46 1 sense you would be disapproving of mine. So I'm asking 2 you not to approve it, because I feel discriminated 3 against. I feel nervous if I would think to see their 4 sign up there and I don't want to be discriminated 5 against. I have rights under the Constitution that this 6 gentleman fought for that I want you guys to stand in 7 defense of, because they don't have the right to 8 discriminate against me. Thank you. 9 JUDGE POLLARD: Anyone else? 10 MR. FERGUSDON: I'm Wes Ferguson, address 11 282 Southway Drive. First of all Mr. Whitsett 12 references the Bill of Rights as one of their 13 justifications. The first verbiage in the first 14 amendment says Congress shall not make any law 15 concerning religion. The establishment of a religion, 16 which means congress was not to bill or to designate a 17 national religion. And it went on to say or the free 18 exercise of religion. Free exercise thereof, okay. 19 We're talking about the free exercise of religion. You 20 represent an organization that is freedom from religion. 21 You stand and say you want to have the ability to have 22 your words heard, but groups like yours have ensured 23 that our kids can't say a prayer in school, so you've 24 come along and you say you want to be heard. But you 25 want to stop free speech in other areas. So there's a 47 1 dichotomy in here, you've used the legal system as a 2 hammer, and I'm sure you've threatened to sue the 3 County, and you should be ashamed of that. If you can't 4 get your thoughts across and you can't convince the 5 people on your own, then shame on you for using the 6 legal system to force it. Today the kids can't pray in 7 school, and they're trying to restrict the freedom of 8 religion in the courthouse, and it's come up here and 9 using a hammer that you should not be using. And I 10 think if you were able to get your point across, you 11 wouldn't have to do this. Be a better communicator. 12 Stand up and get your message across without running to 13 a Judge to force people to do this. So that's all I've 14 got to say. It's time if we're going to talk 15 Constitution, understand the Constitution, understand 16 the intent of the founding fathers, then let's -- if 17 we're going to have free speech allow free speech. 18 Bring it back into the schools. Thank you. 19 JUDGE POLLARD: Anyone else wishing to 20 speak? All right, I have three forms here. This is 21 Marie F. or E. Brown, 916 Barnett. 22 MR. SCHARE: Name's Schare. 23 JUDGE POLLARD: Okay. Yeah, but I have a 24 form -- all right, you come up and talk, too. I'm going 25 to ask these people to fill out these forms and come up, 48 1 too. 2 MR. SCHARE: Good morning. Good morning, 3 gentlemen and ladies. You've already heard so much come 4 out about what has come up, and it says we are one 5 nation under God, indivisible, inseparable, for liberty 6 and justice for all. The important thing to remember is 7 we are not only a democracy, but we're a bureaucracy. 8 Those things pointed it out, one nation under God. And 9 the word left out is that when that was set up by our 10 founding father's, we are a deichristrian. Religion is 11 a part of our faith. It is a part of our nation, it has 12 been since its conception. You might as well face it. 13 That's the way it is. And to go against that is going 14 against what our forefather's intended for us, freedom 15 of religion. If you have no religion and you have no 16 belief, and you have no wanting of that then what is 17 your purpose? Your purpose is to live and to be alive. 18 As I told everybody the last time I was here, I was told 19 at about the age of 12 I could possibly live to be 40 or 20 50 years old. But my heavenly father has kept me here 21 at the age of 74, which I'm about to cross over. And if 22 my purpose and my intent and purpose is for Jesus Christ 23 to come and tell me to tell you to love one another, you 24 included, and I told you that before and I gave you a 25 dollar, and I said there's a treasure in there. The 49 1 treasure in there you apparently didn't find. But it's 2 there. It isn't in what you can spend a dollar for. It 3 says on that bill in God we trust, on every coin, on 4 every currency we have it was there, proving my point 5 again we are a theocracy as well as a democracy. You 6 have a right to object to something, but we don't have a 7 right to object to you. You can put that -- but this is 8 a public square, it's part of the government. But you 9 can put your banner up in your yard. You can put it in 10 a place that belongs to you and people can see it. And 11 you can rejoice over it. As I rejoice over knowing that 12 Jesus Christ was born to forgive me for errors that I 13 make, so don't you make an error, too. Nor does this 14 County make such a error. We are a theocracy as well as 15 a democracy. May God bless each and everyone of you 16 here. 17 MS. ALLEN: May I ask a question? 18 JUDGE POLLARD: Sure. 19 MS. ALLEN: I'm Darlene Allen, a lifetime 20 resident. And I'm either confused or not updated. 21 Because I was under the understanding that the national 22 car rental, there sign was shut down years ago because 23 it was considered a banner. And why are we sitting here 24 discussing a banner on a courthouse lawn when it was 25 well established that a banner cannot exist? That's my 50 1 question. Am I misinformed on something? All I know is 2 National Car Rentals was shut down, and they appealed 3 several times many years ago. They literally had to 4 replace their sign with something that met City Code for 5 downtown or old town Kerrville, or whatever it was, and 6 it was about a banner because their scrolling sign, 7 which doesn't look like a banner to me at all, was 8 considered a banner. People can look back on records on 9 this. Why are we discussing today an issue of religion 10 versus non religion and everything else, when there is 11 already established in our Code or whatever, that a 12 banner cannot exist on a courthouse lawn. It's right 13 across the street. It's in old town Kerrville. That's 14 all I have to say. 15 COMMISSIONER MOSER: I was trying to answer 16 the lady's question. As I recall the Mayor -- the 17 former Mayor's here, correct me if I'm wrong, Mayor, but 18 the banner had to do with people reading banners that 19 were scribing as they were driving. The question about 20 public safety. 21 MS. ALLEN: But is their banner any 22 different than the banner that is -- 23 COMMISSIONER MOSER: I'm not going to defend 24 the city's decision on that. I think it had to do with 25 a rolling banner that you read as you progressed. You 51 1 asked the question, that would be my understanding of 2 it. 3 MR. PRATT: It was an electronic banner. 4 COMMISSIONER MOSER: An electronic banner. 5 Thanks, Jack. 6 MS. ALLEN: But there have been banners that 7 have been banned because they were hanging. 8 COMMISSIONER MOSER: It's a different 9 subject. 10 JUDGE POLLARD: All right, come on up. 11 MS. BROWN: I'd like to thank the Council, 12 the Commissioners for bringing this up again so that 13 more people can have their say about this. I think it's 14 very important, and thank you for the question. I wish 15 to speak in defense of a diverse society. Most citizens 16 of Kerr County pay Texas. We all pay taxes to support 17 the County, the City, and it's clear that we live in a 18 theocracy. I'm a member of the church -- of a church. 19 I may be uniquely affiliated with that church, but there 20 are many non affiliated people in this town. I know 21 that Kerrville is predominantly a Christian town with 22 many wonderful Church's who do much good. But I do 23 think that we have to remember that not everybody 24 interprets religion in terms of going to a church and 25 being a Christian. And we all pay taxes. Many, many 52 1 good citizens who don't believe in the same way that the 2 previous speakers have spoken. And I'd like to ask the 3 County to rise up above this conflict of religion, and 4 just devote common humanity, Christianity and the old 5 Christian western court is very powerful. One banner 6 is not going to change many your deep Christian beliefs. 7 Please think about the other part of humanity that 8 doesn't happen to believe in that. 9 MR. BLEDSOE: Kenny Bledsoe. I'd like to 10 thank the Court for listening to me again. And I just 11 wanted to reiterate what I said before that this is 12 nothing more than a way to get a foothold and something 13 to build on. I know we had an article written about us 14 last time by Mr. Peacock about that we're a bunch of 15 ignoramus people, because we have faith in a God that 16 exists, and that, you know, that we shouldn't be heard. 17 But I'd like to point out that this separation of Church 18 and State is not in our Constitution. Our Constitution 19 states that we have the right to worship freely. That 20 the State -- that a government will establish no State 21 religion. Separation of church and State was written by 22 Thomas Jefferson in a letter to the Danbury Baptists 23 Association in 1802. And our Supreme Court and a bunch 24 of lawyers have decided to instill this thing and get a 25 bunch of controversy started. I'm not against these 53 1 people. I've invited this man to my church, and I hope 2 you would come someday and bring everybody with you. 3 It's all good. As a matter of fact we're frying turkeys 4 Saturday if you'd like to come eat. Cost you nothing. 5 COMMISSIONER BALDWIN: I will. 6 That's an open in visitation to everybody in 7 the courtroom, please come. 8 AUDIENCE: I may do that. 9 MR. BLEDSOE: I would like that. But the 10 point is very simple. Y'all represent the people of 11 your precincts, and they made their voice heard and 12 y'all voted for the people. And I would like to 13 encourage you to stick to your guns even though a 14 lawsuit has been threatened. There's no violation of 15 the Constitution here, at all. I'm a citizen of 16 Kerrville. I'm raising a family here as I stated 17 before, and I strongly oppose putting this banner up 18 anywhere, much less the courthouse lawn. And that's all 19 I have to say. Thank you. 20 JUDGE POLLARD: Anyone else? 21 MRS. BLEDSOE: I'm Jennifer Bledsoe. It 22 went to the clerk, but I don't know -- 23 JUDGE POLLARD: Okay, come on up. 24 MRS. BLEDSOE: Thank you. I'm Jennifer 25 Bledsoe, I'm the other half. I was present last time, 54 1 but I did not speak and so I jotted some things down so 2 that I wouldn't lose my train of thought because I was 3 nervous. I'm not surprised that we're here again. It's 4 just like the enemy would have it, and those of you who 5 are believers know exactly what I'm talking about. But 6 the enemy likes to be subtle. He likes those little 7 sneak attacks, but it doesn't change the way we believe. 8 Like it or not our nation was founded on God and his 9 word. We're not telling you that you can't believe what 10 you do; we are telling however that we refuse to allow 11 you to hang your Godless banner in the season that we 12 celebrate as the birth of our Lord. While I understand 13 the rights to say in Article I is freedom of expression 14 and religion. In part it says Congress shall make no 15 law respecting an establishment of religion, or 16 prohibiting the free exercise thereof or bridging the 17 freedom of speech. It does not change the fact that 18 you, Sir, and your organization are forcing us to accept 19 your Godless belief. We are not prohibiting your 20 freedom of speech. We are however vehemently against 21 the time of year you've chosen to do it. Gentlemen of 22 the Commissioners' Court, I pray that you continue to 23 represent your constituents by keeping in mind that 24 whatever you permit will increase. However, Sir, you've 25 gone nationally saying that we are close-minded people, 55 1 so we are intolerant, being discriminatory and as 2 Christians we aren't loving and accepting. Jesus 3 teaches us to love, yes. He teaches us to forget, 4 absolutely. But to tolerate and permit those things 5 that are the epiphysis of him is wrong. And will 6 continue to stand against you. Love you, but we're 7 going to stand against it. Deep inside there is a part 8 no matter how small that desperately seeks for 9 something, and that can only be filled by Jesus Christ. 10 But I'm curious though, why do you and your organization 11 continue to fight on something you don't believe in. 12 Thank you. 13 JUDGE POLLARD: Is there anyone else? 14 MS. SORENSON: I filled out a form. My name 15 is Michelle Sorenson. I gave it to the lady with curly 16 hair. 17 JUDGE POLLARD: You filled out the very 18 first one. 19 MS. SORENSON: Hello, my name is Michelle 20 Sorenson, I am not a representative of any organization. 21 No one asked me to be here. I came because as a 22 Christian I feel called to offer another perspective 23 that has not been spoken about at all. I believe God 24 has given me the ability to reason. I believe the Bible 25 is a guide for that reasoning. I would like to read 56 1 part of Matthew 22 verses 37 through 39. Jesus is being 2 questioned by the religious leaders of today. They ask 3 him what the greatest commandment is. He replies you 4 shall love the Lord your God with all your heart, with 5 all your soul and with all your mind. This is the first 6 and greatest commandment. And the second is like it. 7 You shall love your neighbor as yourself. So who is my 8 neighbor in Kerrville? You are my neighbor, you are my 9 neighbor, you are my neighbor. All of you. All of you 10 are my neighbors. You are my family. And I choose to 11 love all of you as I love myself. I offer you great 12 respect, I offer you great respect. I honor everyone's 13 free will and intelligent minds just as I know you would 14 honor mine. God did not create mindless robots who are 15 forced to obey him. God is not sitting in heaven 16 waiting to hurl lightning bolts down on the Free Thought 17 group. God is looking to all of his children to show 18 love. He has given us all the capacity to reason and to 19 think freely. We are all free to choose our own path in 20 life. We as Christians are instructed to live above all 21 other commandments, how can I truly love my neighbor if 22 I am denying them equal rights. There is no love in 23 using Christianity to alienate my neighbors. I would 24 like us all to be reminded that this banner was made by 25 my neighbors, who are not trying to take away from 57 1 anyone's holiday. They are simply asking for fair 2 treatment, for equality. This banner is no threat to my 3 beliefs as a Christian. This banner is no threat to 4 Christmas, which will carry on unaffected. On the 5 contrary, putting up this banner shows that you are true 6 to God's word by following the greatest commandment in 7 the scripture. I urge anyone in the room who identifies 8 as a Christian to step up and stand for love and 9 fairness. I believe that is what Jesus would do. 10 JUDGE POLLARD: Times up, thank you. Anyone 11 else? 12 At this time do the Commissioners wish to 13 make any kind of a statement? Anybody? 14 COMMISSIONER LETZ: I will make a statement 15 or a couple things or many of y'all talked or made 16 comments about a threatening lawsuit. And I won't say 17 we're threatened with a lawsuit, but we received a 18 letter that I think you can imply a lawsuit will follow 19 up if we didn't put the banner up. And I want to make a 20 comment on the banner itself, and this is my feelings on 21 it. We and over all the courthouse square, the County 22 had entered into a agreement with the Lighting 23 Corporation, a private group, a private group to 24 decorate the courthouse square, and we're pretty much 25 hands off and typed in a court order back in, I think, 58 1 late 90's, for a church to put a nativity scene up. 2 Have left it up to the Lighting Corporation, and they 3 have a theme that I think looks very nice over the 4 years. It promotes Christmas overall and the holiday 5 season. This banner to me doesn't fit the overall motif 6 we have, it mocks Christianity, it mocks the holiday 7 season the way it's done. And I think it's 8 inappropriate for that banner as it is to be on our 9 courthouse square during the holiday season. And that's 10 just the only comment I have. 11 COMMISSIONER MOSER: The only comment I'd 12 make as I made before is I respect Mr. Whitsett and the 13 people who have that belief. I respect the 14 Constitution. I think we should all uphold that. I do 15 not see the reason to have a conflict at Christmas, I 16 think if a banner or something celebrating the Solstice 17 is to be done, it could be done at a different time. 18 This is just to reiterate what I said at that time. 19 COMMISSIONER REEVES: If I may. 20 JUDGE POLLARD: Yes. 21 COMMISSIONER REEVES: Mr. Whitsett, did you 22 visit with the Lighting Corporation about placing your 23 banner? 24 MR. WHITSETT: No, Sir. 25 COMMISSIONER REEVES: You have not talked to 59 1 them? 2 MR. WHITSETT: No, Sir. 3 COMMISSIONER REEVES: Thank you. 4 JUDGE POLLARD: Anything else, Mr. Reeves? 5 COMMISSIONER REEVES: No, Sir. 6 JUDGE POLLARD: Anything else? 7 JUDGE POLLARD: All right. Let me start off 8 by saying that I am a Christian, and I don't agree with 9 the thoughts that are on the banner but it's apparent 10 that the Federal Court's have said that when you allow 11 your public governments allow the public forum to be 12 used by one you gotta open it up to everybody. Or in 13 our alternative is to do away with anything at Christmas 14 on the courthouse square. I would like to continue 15 that. I don't want to do -- I don't want to go to that 16 alternative. Now, the Federal Courts have held that 17 we're likely, which the cases hold we're likely going to 18 lose this case if we get sued and I think there's a very 19 good likelihood of that. Now that brings me to the 20 issue here I am as the County Judge, and I've got a 21 fiduciary duty to try to protect the county's funds and 22 the taxpayer's monies. And we have insurance for 23 litigation through the Texas Association of Counties, 24 and the County Attorney checked with them and found out 25 that that our coverage would be effective and they would 60 1 provide a defense for us if these folks asked for 2 damages in their lawsuit. My understanding is that they 3 checked the background, the County Attorney's office has 4 checked the background on that, and they do not 5 traditionally ask for damages, they just ask for an 6 injunction. All right, if they ask for an injunction 7 and only that, and no damages, then we don't have any 8 insurance, we don't have anybody to provide a defense 9 for us. We gotta dip into the budget, our budget was 10 just amended, adopted rather, effective just recently, 11 and we don't have any money in there for that set aside 12 for that. We'd have to hire Federal lawyers, very 13 expensive rates. We'd have to -- and if they -- if 14 these folks prevail in that lawsuit, we have to -- the 15 winner gets their attorney's fees paid back. So not 16 only would we pay our own attorney's fees, we'd have to 17 pay there's. So we're looking at probably a hundred 18 thousand dollars, maybe a hundred and 50 thousand 19 dollars to fight this thing. And it looks like from 20 what I see and from the research that we've done on it, 21 we're not likely going to win it. So my view is -- once 22 again I want to emphasize I'm a Christian, I don't 23 necessarily agree with the Court's opinions on it, but 24 as somebody that's protecting the public's rights, and 25 protecting the taxpayer's monies that they pay, and not 61 1 any frittering them away. I'm going to vote to let 2 them -- to let them put their banner up. 3 AUDIENCE: You just lost my vote. 4 JUDGE POLLARD: Okay. And that's -- I just 5 think it's foolishness to spend all that money on 6 something that we're not likely going to win. 7 COMMISSIONER MOSER: Let me comment, too, if 8 if I may one more thing. I agree with what Judge 9 Pollard said to a large extent. I also -- I also 10 especially the fiduciary responsibility, we will 11 probably be sued, we will probably lose and may cost us 12 a hundred thousand dollars or something. But I also 13 listened to -- and I'm not running for reelection, so 14 it's nothing to do about votes. I said term limits, 15 whatever. So that's not -- that's not here, okay. But 16 I also believe that there's a strong belief by most of 17 the people in this County who do not want that. I think 18 the people in this County if there was -- if there is a 19 lawsuit, probably there will be additional funds that 20 would be made available in defense of that, so I'm 21 weighing fiduciary responsibility, and do we expose 22 ourself to legal fees versus what the majority of the 23 people want, so that's what I'm considering strongly. 24 MR. SCHARE: I once said I was at a 25 congressman's office not too long ago, and I said it 62 1 doesn't make any difference whether you're Republican or 2 Democrat how you feel about anything. But let us take a 3 few moments to give respect to our heavenly father, and 4 he asked me at that time as I made the suggestion if I 5 would be willing to go before the U.S. Congress and open 6 it in prayer. That was Congressman Smith. And I said 7 if it be God's will I will do that. 8 The only thing I want to add to that to give 9 myself a little levity of other people that have heard 10 me, that is there is only one sin as a Christian we all 11 know that is unforgivable, and that is to deny the Holy 12 Spirit. We must question it in our hearts and minds, 13 each and everyone of you, including the gentleman over 14 here, and each and everyone of us. Are we denying the 15 Holy Spirit? What would Jesus want? Ask the question, 16 what would Jesus want. Somebody was reading some of the 17 scriptures that came out of Christ, and that he has 18 spoken out of Matthew. And I thought that was very 19 well -- very well read. Everybody has a right to feel 20 what they feel within their hearts, and to love within 21 our hearts. We're not denying anybody love, but he is 22 denying us his love. But if he doesn't believe, he 23 doesn't believe in you as I believe in each and everyone 24 of you, and in him. Even though his theology is 25 different than mine, or his lack of theology. God 63 1 created us all, and his interest is in our image. 2 That's plural Father, Son and Holy Ghost. Those of 3 Christianity understand that. 4 Anyway, I would say, let's examine first 5 before you make a vast decision and figure out what's 6 most. And also recognize if you so love the things of 7 this world so much, you can have no part of my father's 8 world. That's my Father's world, and your Father's. 9 JUDGE POLLARD: Yes, Sir. 10 AUDIENCE: Have you considered contacting 11 the liberty institute for life defending freedom for 12 this decision? 13 AUDIENCE: Would I be able to sue the Court 14 for hanging their sign and endorsing their hateful 15 group? 16 AUDIENCE: Hope you have something to back 17 it. 18 AUDIENCE: I have two children who are 19 attorneys, Ma'am. I don't know need a budget, I raised 20 mine. 21 JUDGE POLLARD: I think Mr. White is trying 22 to say something. 23 MR. WHITE: My name is Bill White, I'm a 24 Marine Corps combat veteran. I just want to make an 25 observation. Having heard all of this I think the real 64 1 issue here was decided in the election. The real issue 2 that the American people and Kerr County overwhelmingly 3 decided was it's time to take a stand. And with all due 4 respect, Judge, what you just said is more of letting 5 these people who are a minority push us around and tell 6 us what we need to do. And I think it's time, and I 7 would venture to say 95 percent of the taxpayers here 8 will gladly authorize whatever it takes to take these 9 people to Court to stop them. Because the next time 10 they're going to be in here they're going to want to 11 stop prayers at the meeting and everything else. 12 MAYOR PRATT: Judge, follow-up. There's two 13 things here. One is, our election says that we're not 14 accepting political correctness anymore. Second thing 15 is is that Commissioner Moser, you mentioned the Defense 16 League. Would you expand on that because I don't think 17 a lot of people understood what that is. 18 COMMISSIONER MOSER: Say that again. 19 MR. PRATT: The Defense League. You're 20 talking about the organization out there that comes and 21 helps us pay for our legal fees. 22 COMMISSIONER MOSER: Yeah. I didn't -- I 23 wasn't inferring to them; I was just saying the 24 community would come together to fight this. 25 MR. PRATT: But there are organizations out 65 1 there who will defend us and pay for legal fees. 2 COMMISSIONER MOSER: I just think there are 3 many resources was all I was saying. 4 MR. FERGUSON: Judge, you're all elected 5 officials. When you're elected you took an oath of 6 office. I think that oath of office you swore to defend 7 the Constitution of both United States and Texas; you 8 did not swear to defend a budget. Live by your oath; 9 not by your budget. 10 MR. BLEDSOE: I would encourage all of you 11 on the Court and all the people in this room to look up 12 David Barton and Wallbuilders for a true definition of 13 our Constitution and our founding fathers. Thank you. 14 JUDGE POLLARD: Anyone else? All right, is 15 there a motion? 16 COMMISSIONER REEVES: Judge, I make a motion 17 to deny the request of the Freedom From Religion once 18 again. 19 JUDGE POLLARD: Okay. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Reeves and seconded by Commissioner Baldwin to deny the 23 Freedom From Religion Organization the right to put up 24 the banner on the courthouse square. Is that a fair 25 statement of the motion? 66 1 COMMISSIONER REEVES: Yes. 2 JUDGE POLLARD: All right. Any further 3 discussion or comment? Those in favor of the motion 4 signify by raising your right hand. Those opposed. 5 It's four one, it passes. 6 Now we're going to go back to the other 7 courtroom and finish the agenda. 8 (Resumed Agenda in Commissioners' Courtroom) 9 JUDGE POLLARD: It's a timed item at 10:15 10 a.m., item 1.22 consider, discuss and take appropriate 11 action to open bids received from the requests for 12 proposals for the hazardous waste collection event, 13 distribute to appropriate personnel for review and 14 evaluation, and award contract if appropriate. Contract 15 to be approved contingent upon approval by AACOG. 16 Commissioner Reeves. 17 COMMISSIONER REEVES: Yes, Sir. This is on 18 the Hazardous waste collection December the 10th, as 19 Commissioner Letz has three bids, I believe. He's 20 trying to open them now. Without getting bodily injury. 21 The first bid is Clean Harbors. I don't 22 readily see the dollar amount on this. But Clean 23 Harbors 4303 Profit Drive, San Antonio, Texas. 24 Second bid is from Veolia, V-E-O-L-I-A, 1800 25 146 South, Baytown. Once again, with it being a request 67 1 for proposals I don't see the dollar amount at this 2 time. 3 And final one is Stericycle. Trying to find 4 an address. I don't see one. Gulf and South Regions of 5 Stericycle. I would like to accept the bids and ask 6 Mr. Garcia, and Mr. Barrera from the City of Kerrville 7 to review these, report back later in the meeting if 8 they feel there's one that we could accept. 9 JUDGE POLLARD: That's a motion? 10 COMMISSIONER REEVES: That's a motion. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE POLLARD: Been moved my Commissioner 13 Reeves, seconded by Commissioner Baldwin to accept the 14 bids as presented, and ask Mr. Garcia and -- 15 COMMISSIONER REEVES: Mr. Barrera to review 16 them and hopefully come back during during the 17 Commissioners' Court meeting and make a recommendation 18 as to which bid to accept. 19 COMMISSIONER BALDWIN: Thank y'all. 20 JUDGE POLLARD: Thank you. Is there anyone, 21 any further comment or question about it? Those in 22 favor of the motion signify by raising your right hand. 23 It's four zero, unanimous. 24 All right, is there another timed one? 25 COMMISSIONER BALDWIN: I don't see one. 68 1 JUDGE POLLARD: So we go back to the regular 2 agenda finally. 1.8 consider, discuss and take 3 appropriate action for the Court to set a public hearing 4 for 9 a.m. on December 27th, 2016, for a revision for 5 The Woods -- I think that means of the plat for The 6 Woods, lot 27, Volume 4, page 137, located in Precinct 7 2. Mr. Hastings. 8 MR. HASTINGS: Thank you. The owner of Lot 9 27 of The Woods, Volume 4, page 137, wishes to revise 10 Lot 27 to include additional unplatted acreage located 11 to the west of his lot. Lot 27 is currently 2.43 acres 12 and will become 27-R at 8.48 acres. This lot is located 13 in the Kerrville ETJ and is being replatted 14 simultaneously with the City of Kerrville and Kerr 15 County. The lot is served by a water system, OSSF, and 16 it meets Kerr County's minimum subdivision standards. 17 County Engineer requests the Court set a 18 public hearing for 9 a.m. on December 27th, 2016 for a 19 revision of plat for The Woods Lot 27, Volume 4, page 20 137, Precinct 2. 21 COMMISSIONER MOSER: Similar to before, I 22 think we should make that January 9th, January 9, 2017 23 as opposed to December 27, 2016. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE POLLARD: Been moved by Commissioner 69 1 Moser, seconded by Commissioner Baldwin to set a public 2 hearing at 9 a.m. on January the 9th, 2017 for a 3 revision of the plat for The Woods, lot 27, Volume 4, 4 page 137. Is there any further discussion? 5 COMMISSIONER LETZ: Just a comment, Judge. 6 Since this is going through the City process as well, 7 just recommend that we let them take the lead on this, 8 it's in the ETJ. I know the verbiage may be a little 9 different unless Charlie sees a big problem with it, I'd 10 recommend we go along with the City's recommendation on 11 this. 12 COMMISSIONER MOSER: What are we going to go 13 along with? 14 COMMISSIONER LETZ: The City's 15 recommendation, it's going to go through the platting 16 process with the City as well. I mean it'll still come 17 through us for approval, but they have a little bit 18 different verbiage than we do. In the past we've 19 accepted their verbiage. 20 COMMISSIONER MOSER: But it'll come back 21 here for approval. 22 COMMISSIONER LETZ: Yes. 23 MR. HASTINGS: Yes, Sir. 24 JUDGE POLLARD: Well, this is just setting a 25 public hearing. 70 1 COMMISSIONER LETZ: Right. It was just a 2 comment. 3 JUDGE POLLARD: For January the 9th, so we 4 leave the motion as is. 5 COMMISSIONER LETZ: Yes, Sir. 6 MR. ROBINSON: My name's Duane Robinson, and 7 I'm the owner of the 2.43 acres, and trying to buy the, 8 you know, six acres behind me, primarily buffering mine 9 and others. This is, you know, I'm just -- I'm just 10 trying to get a handle on all the -- the timing of it, 11 because I've been trying to go through this for over 90 12 days now. And what's the reasoning for, you know, 13 pushing a public hearing on further out. Does that 14 delay me from being able to buy the property? 15 COMMISSIONER MOSER: There was some people 16 in earlier, I think that were concerned about some of 17 the homeowners' association, the covenants etc., etc., 18 and I don't know. The only reason I said that move it 19 from the 27th because I just think it's some people 20 wouldn't be at a public hearing to express their 21 opinion. 22 MR. ROBINSON: Okay. 23 JUDGE POLLARD: During the holidays. 24 Probably get better attendance at a public hearing on it 25 at a later time. Okay, anything else? Those in favor 71 1 of the motion signify by raising your right hands. It's 2 four zero, unanimous. 3 1.9 consider, discuss and take appropriate 4 action for the Court to set a public hearing for 9:10 5 a.m. on December 27th, 2016 for a revision of plat for 6 Highlands Ranch lots 48 and 49 of record in Volume 5, 7 page 233 of the plat records of Kerr County, Texas, and 8 this tract is located in Precinct 1 in Kerr County. 9 Mr. Hastings. 10 MR. HASTINGS: The owner of lots 48 and 49 11 of Highlands Ranch, volume 5 page 233 wishes to combine 12 lot 48, 1.61 acres and 49, 2.28 acres into 48-R, 3.89 13 acres. The lot is served by a water system, OSSF, and 14 meets Kerr County's minimum subdivision standards. 15 The County engineer requests the Court set a 16 public hearing for 9:10 a.m. on January 9th, 2017 for 17 revision of plat for Highlands Ranch lots 48 and 49, 18 volume 5, page 233, Precinct 1. 19 COMMISSIONER BALDWIN: So move. 20 COMMISSIONER LETZ: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Baldwin, seconded by Commissioner Letz to set a public 23 hearing for 9:10 a.m. on January the 9th, 2017 for the 24 purpose of a revision of the plat for Highlands Ranch 25 lots 48 and 49, which are record in volume 5, page 233 72 1 of the Plat Records of Kerr County, Texas. Tracts 2 located in Precinct 1. Is there any further comment or 3 discussion? 4 COMMISSIONER BALDWIN: Judge, I heard you 5 snicker when you heard him say January 9th. That's 6 nothing to snicker about. We've only been beating on 7 them for 20 years about that, you know. I'd like to say 8 you can bring all your stuff in here on the 27th, there 9 ain't going to be anybody here. 10 COMMISSIONER LETZ: It took him three times 11 to get through to that. 12 MR. HASTINGS: Only once. 13 JUDGE POLLARD: Okay. Did we vote? 14 COMMISSIONER LETZ: No. 15 JUDGE POLLARD: Those in favor of the motion 16 signify by raising your right hands. It's four zero, 17 unanimous. 18 Okay, 1.10 consider, discuss and take 19 appropriate action for the Court to set a public hearing 20 for 9:20 a.m. on December 27, 2016 for a revision of the 21 plat for Panther Creek Estates, lots 3, 6, and 7, file 22 number 16-4242, located in Precinct 4. Mr. Hastings. 23 MR. HASTINGS: Thank you. The owner of lots 24 3, 6, and 7, file number 16-4242, wishes to modify each 25 of the named lots, mainly to accommodate better access 73 1 off of Gene Walker Trail for lot 7 due to the steep 2 grade in the area of the cul-de-sac. Lots 3, 6, and 7 3 are currently 21.77, 12.50 and 15.20 acres respectively. 4 Lots 3A, 6A, and 7A will become 2.74(sic) acres, 12.50, 5 and 15.23 acres respectively. The lots will be served 6 with individual water wells, OSSF, and meet all minimum 7 subdivision standards. 8 The County Engineer requests the Court to 9 set a public hearing for 9:20 a.m. on January 9th, 2017 10 for a revision of plat for Panther Creek Estates, Lots 11 3, 6, and 7, file number 16-4242, Precinct 4. 12 COMMISSIONER REEVES: Mr. Hastings, what did 13 you say the land area of the replot for lot 3 would be? 14 I think I missed it. 15 MR. HASTINGS: It'll be 15 -- I'm sorry. 16 21.77 acres. 17 COMMISSIONER REEVES: Okay, I thought you 18 said 2, I apologize. I move for approval. 19 COMMISSIONER MOSER: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Reeves, seconded by Commissioner Moser to set a public 22 hearing for 9:20 a.m., on January the 9th, 2017 for the 23 revision of the plat for Panther Creek Estates, lots 3, 24 6, and 7, file number 16-4242. These tracts located in 25 Precinct 4. Any further discussion or comment? 74 1 COMMISSIONER BALDWIN: I got a question. 2 Where is the entrance to that subdivision? 3 MR. HASTINGS: Past Felix Fischer. 4 COMMISSIONER REEVES: And then hang a right 5 right at the draw and go up the hill. 6 COMMISSIONER BALDWIN: Just at Panther 7 Creek. 8 COMMISSIONER LETZ: Panther Creek 9 Subdivision. 10 COMMISSIONER BALDWIN: Well, my kidneys just 11 kicked in, I got it now. 12 JUDGE POLLARD: Kidneys. 13 COMMISSIONER REEVES: Commissioner, it's 14 that hill that goes like that. (Indicating.) 15 JUDGE POLLARD: Okay, I'm not going to touch 16 that. 17 COMMISSIONER BALDWIN: So the backside of 18 that is Comanche Trace. 19 JUDGE POLLARD: All right, those in favor of 20 the motion signify by raising your right hands. It's 21 four zero, unanimous. 22 Item 1.16 consider, discuss and take 23 appropriate action on revision of the Kerr County 24 Juvenile Detention Facility policy and procedure manual. 25 Mr. Davis. 75 1 MR. DAVIS: Good morning, Judge, 2 Commissioners. A couple weeks ago we completed our 3 audit with the Texas Juvenile Justice Department. The 4 facility audit. He had a number of recommended changes 5 to our policies procedures that would match the states 6 standards. This packet was in your office -- I got it 7 to the County Attorney's office, unfortunately, until 8 about 4:45 on Thursday so I don't know if they have had 9 time to review it; if not, I would ask that you approve 10 these changes pending a review and approval of the 11 County Attorney's Office. 12 COMMISSIONER LETZ: So move. 13 MS. CHAVEZ: My understanding is that Miss 14 Stebbins has reviewed it and had no issues with it. 15 MR. DAVIS: She had very little time to do 16 it so I thank the County Attorney's office. 17 COMMISSIONER MOSER: Second. 18 JUDGE POLLARD: Is there a motion? 19 COMMISSIONER LETZ: Yes, move for approval. 20 COMMISSIONER MOSER: And I seconded it. 21 JUDGE POLLARD: All right. Motion made by 22 Commissioner Letz, seconded by Commissioner Moser to 23 take appropriate action on the revision of the Kerr 24 County Juvenile Detention Facility Policy and Procedure 25 manual as recommended. Is there any further comment or 76 1 discussion? There being none, those in favor signify by 2 raising your right hands. It's four zero, unanimous. 3 1.17 consider, discuss and take appropriate 4 action on agreement with Hill Country MHDD to provide 5 telepsychiatry services for the Juvenile Detention 6 Center and authorize the County Judge to sign same. 7 Wow. 8 MR. DAVIS: This is a contract that the 9 County Attorney has previously approved. The MHDD will 10 be coming in and basically putting a monitor into the 11 facility, or a computer system, I'm not exactly sure 12 what it is. There's no charge to the County or to any 13 of the residents or the Counties that we contract with. 14 They have a Federal grant to provide these services. 15 Basically it is a psychiatric services evaluations only. 16 No counseling services provided to youth in the 17 facility. 18 COMMISSIONER REEVES: Via the computer? 19 MR. DAVIS: That's correct. A doctor off 20 site. MHDD contracts with another company, and that 21 psychiatrist would then provide services to the youth, 22 which is currently not a service that we have available 23 at all. Number one, because we can't afford it. Number 24 two, we don't have the availability of the doctors. So 25 for our 19 counties we contract with that's kind of a 77 1 real selling feature that we can say oh by the way, we 2 also have a psychiatrist that can evaluate while the 3 child is here or she's here. 4 COMMISSIONER BALDWIN: Where's the 5 psychiatrist sitting? 6 MR. DAVIS: I do not know that. I know that 7 MHDD contracts with a company, and they have a bank or a 8 pool of psychiatrists and on call that could be anywhere 9 in the country. 10 COMMISSIONER BALDWIN: And they're going to 11 make -- they're going to determine issues with a child's 12 mind and they can't even see him? 13 MR. DAVIS: They can see them and hear them. 14 COMMISSIONER BALDWIN: They can see them on 15 a TV screen, but no eye contact, face to face stuff? 16 MR. DAVIS: That's correct. 17 COMMISSIONER BALDWIN: That seems a little 18 dangerous. 19 MR. DAVIS: Well, it's better in my opinion, 20 Commissioner, it's better than not having anything at 21 all, which is what we have now. We don't have a 22 psychiatrist available at all now. MHDD does come in 23 and do suicide assessments, but what happens if we have 24 a child that's not in immediate harm to themself or 25 someone else, MHDD will say well we're not going to 78 1 provide services to them. This psychiatrist could come 2 in and say you know what maybe they're not -- there's no 3 eminent harm or threat; however, this child is at very 4 serious risk or is not. They can make that 5 determination and then we can try to find other services 6 for that child. 7 COMMISSIONER BALDWIN: Would you allow me to 8 be one of your students one of these days and face over 9 this thing with the psychiatrist? 10 MR. DAVIS: I don't know that I'd be allowed 11 to do it, Commissioner, but we can attempt that. 12 COMMISSIONER BALDWIN: I would enjoy that 13 very much. 14 COMMISSIONER REEVES: Can I get a copy of 15 that? 16 MR. DAVIS: I think that HIPAA would 17 probably not allow that, but -- 18 COMMISSIONER BALDWIN: We're going to have 8 19 by 10 glossies for sale. I'll move for approval, if 20 nobody else has. 21 COMMISSIONER REEVES: I'll second. 22 JUDGE POLLARD: Commissioner Baldwin has 23 moved for approval of item 1.17, seconded by 24 Commissioner Reeves to approve Hill Country MHDD 25 providing telepsychiatry -- I can't say that word -- 79 1 COMMISSIONER BALDWIN: Psychiatry. 2 JUDGE POLLARD: -- services to the Juvenile 3 Detention Center and authorize the County Judge to sign 4 same. Any further comment or discussion? There being 5 none, those in favor of the motion signify by raising 6 their right hands. It's four zero, unanimous. It 7 passes. 8 1.18. Consider, discuss and take 9 appropriate action on approval of contract between the 10 Juvenile Detention Facility and the 11 Maverick/Dimmit/Zavala counties juvenile probation 12 department, and authorize the Judge to sign same. 13 Jason Davis. 14 MR. DAVIS: This is the contract that is 15 currently in place. No changes other than this Court's 16 previously approved this contract. Right now the 17 contract is in place with Maverick and Zavala counties. 18 They are tri-county district and they would like to add 19 Dimmit County. There are no changes. It's the same 20 rate. They're just adding another County. So we would 21 go from 19 counties contracting up to 20 counties, but 22 there are no other changes. I would ask this Court 23 approve that, and ask the Judge to sign same. 24 COMMISSIONER BALDWIN: And it's for us to 25 house their -- 80 1 MR. DAVIS: That's correct. 2 COMMISSIONER BALDWIN: -- children. 3 MR. DAVIS: That's correct, Commissioners. 4 Currently Maverick and Zavala counties have the 5 availability to place children here. I don't remember 6 one from Zavala. We have had -- we regularly get kids 7 from Maverick County, but we've not gotten kids from 8 Dimmit County previously because we've not had that 9 contract with them. Dimmit County is requesting that as 10 well. 11 COMMISSIONER BALDWIN: So if we bring in a 12 kid from down south, do you have the authority to allow 13 that kid to do this telepsychiatry thing? 14 MR. DAVIS: Yes. 15 COMMISSIONER BALDWIN: So they agree to 16 this? 17 MR. DAVIS: Yes, Sir. And from speaking 18 from the probation standpoint; not from the facility 19 side, any service that we can get for our kids that are 20 free, especially a psychiatrist. I mean it's so cost 21 prohibitive, if we have -- any options that we can give 22 to the probation department they usually are very 23 receptive. 24 COMMISSIONER BALDWIN: Thank you. 25 COMMISSIONER REEVES: Mr. Davis, over on 81 1 page five of five, I'm assuming that's a typographic 2 error, is really Maverick and Real County? 3 MR. DAVIS: That is an error yes, Sir, and I 4 saw that and I was going to point that out because 5 actually it should say Dimmit, because we already have 6 contracts with the other two, and that should say 7 Dimmit, and I will change that. 8 COMMISSIONER REEVES: Thank you. 9 JUDGE POLLARD: So is there a motion? 10 COMMISSIONER REEVES: Motion to approve the 11 contract with the correction that we just noted 12 approved in the agenda. 13 COMMISSIONER LETZ: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Reeves, seconded by Commissioner Letz to approve the 16 engagement letter from the auditor -- that's not the one 17 we were doing. What was the one? 18 COMMISSIONER REEVES: I move to approve the 19 contract between the Juvenile Detention Center and 20 Maverick, Dimmit and Zavala Counties Juvenile Probation 21 Department and authorize the Judge to sign the same. 22 JUDGE POLLARD: That was item 1.18, all 23 right. There's a second, Mr. Letz. 24 COMMISSIONER LETZ: Yes. 25 JUDGE POLLARD: Those in favor of the motion 82 1 signify by raising their right hands. It's four zero, 2 unanimous. 3 MR. DAVIS: Thank you. 4 JUDGE POLLARD: All right. The next one 5 should be 1.20. Consider, discuss and take appropriate 6 action to approve the engagement letter for the audit of 7 the financial statements and single audit for the period 8 ending September 30, 2016 and authorize County Judge to 9 sign same. Brenda Doss. 10 MRS. DOSS: Yes, Sir. Good morning. It is 11 time for our annual financial audit. The engagement 12 letter, I have reviewed it, and it is in accordance with 13 generally accepted accounting principles, governmental 14 accounting standards and generally accepted auditing 15 standards. The price is on page four. It will not 16 exceed 43 thousand, and then 28 hundred for travel 17 expenses. I'm asking for approval and authorization for 18 the County Judge to sign. 19 COMMISSIONER REEVES: That's within the 20 budgeted -- 21 MRS. DOSS: Yes, it's been budgeted. 22 COMMISSIONER REEVES: Move for approval. 23 COMMISSIONER MOSER: Second. 24 JUDGE POLLARD: Been moved by Commissioner 25 Reeves, seconded by Commissioner Moser to approve item 83 1 1.20 that is for an engagement letter for the audit of 2 the financial statements and single audit for the period 3 ending September 30, 2016, and authorize the County 4 Judge to sign same. Not to exceed the sum of 43 5 thousand dollars. Is that a fair statement of the 6 motion? Okay, any further comments or questions? There 7 being none, those in favor signify by raising their 8 right hands. It's four zero, unanimous. It passes. 9 1.21 consider, discuss and take appropriate 10 action to approve newly created IT Systems Administrator 11 I job description as approved for the 2016 and '17 12 fiscal year. Dawn Lantz. 13 MRS. LANTZ: Good morning, Judge, 14 Commissioners. This is just one of the new jobs that 15 was created during the budget for the IT department. 16 And John Trolinger and I worked on the job description, 17 and we would like to get Court approval so he can post 18 it in order to hire by December first. 19 COMMISSIONER MOSER: So move. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Moser, seconded by Commissioner Baldwin to consider, 23 discuss and take appropriate action to approve the newly 24 created IT systems administrator I job description as 25 approved for 2016 and '17, and in other words approving 84 1 it. Is there any further discussion? Those in favor of 2 the motion signify by raising your right hands. It's 3 four zero, unanimous. 4 The next one, I believe, is 1.23 consider, 5 discuss and take appropriate action regarding Interlocal 6 Agreement to establish a unified workforce development 7 system throughout the Alamo workforce development area. 8 If you look in your agenda package under 9 that note 23 you'll see a very extensive explanation in 10 this proposed Interlocal Agreement, for approval of it. 11 It says that -- well, it says it's for Bexar, Comal, 12 Atascosa, Bandera, Comal, Frio, Gillespie, Guadalupe, 13 Karnes, Kendall, Kerr, Medina and Wilson, and McMullen 14 County that's now been added to the area. For the 15 purposes of creating an oversight board, with the three 16 headed situation. One being the City of San Antonio, 17 the other second head being the County of Bexar, and the 18 third head being a group of judges who represent all of 19 those counties. And they're called the area judges in 20 there. It goes on to say that that three pronged unit 21 provides oversight for development of Alamo Workforce in 22 that area. And it's to be unified throughout the area. 23 Sure a lot of gobbledygook. 24 COMMISSIONER BALDWIN: Were you in on 25 this -- 85 1 JUDGE POLLARD: Yeah. 2 COMMISSIONER BALDWIN: -- meeting? What 3 does this fix? I mean is there something wrong with 4 what's been going on for the last 25 years? 5 JUDGE POLLARD: Well, apparently they don't 6 have any unified plan and they want to have one down 7 there so they -- at AACOG and so they're setting up this 8 several tiered -- several tiered bureaucracy. 9 COMMISSIONER MOSER: They're kind of like 10 central control. 11 JUDGE POLLARD: Yes. 12 COMMISSIONER BALDWIN: It is. Well they do. 13 JUDGE POLLARD: They do. They do. 14 COMMISSIONER MOSER: What are your thoughts? 15 JUDGE POLLARD: Well, we need to play the 16 game with AACOG. 17 COMMISSIONER BALDWIN: So move for approval. 18 JUDGE POLLARD: Is there a second? 19 COMMISSIONER LETZ: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Baldwin and seconded by Commissioner Letz for approval 22 of that item, and the interlocal agreement for Alamo 23 workforce development plan and authorize the County 24 Judge to sign same. 25 COMMISSIONER LETZ: Question. So the City 86 1 of Kerrville has a representative, Bexar County has a 2 representative, and -- 3 JUDGE POLLARD: The City of San Antonio. 4 COMMISSIONER LETZ: The City of San Antonio, 5 Bexar County, and then the group of the -- however many 6 judges seven or eight counties appoint one, or they each 7 appoint one? 8 JUDGE POLLARD: No. I think they -- I think 9 if it's the whole group of the area judges constitute 10 the third prong. 11 COMMISSIONER BALDWIN: I misunderstood then. 12 I thought there was one representative of the area 13 judges, and then one representative of the big guys. 14 JUDGE POLLARD: I think they have to vote 15 and then their majority vote then becomes one vote. 16 COMMISSIONER REEVES: It says it'll be six 17 people. Two representatives from San Antonio, two from 18 Bexar County, and I guess two from the area judges. 19 COMMISSIONER BALDWIN: Yeah. 20 COMMISSIONER LETZ: I didn't find that part. 21 JUDGE POLLARD: That's called the something 22 of six, group of six. And -- but it's advisory only. 23 It's advisory only. It doesn't cost us anything to go 24 through it and participate in their so called 25 organization down there. All right, any further 87 1 questions? Those in favor of the motion signify by 2 raising their right hands. It's four zero, unanimous. 3 Item 1.24 consider, discuss and take 4 appropriate action on request from Kerr Central 5 Appraisal District to allow a surplus from the fiscal 6 year 2015 budget in the amount of $34,416 to be applied 7 to the building reserve fund via a budget amendment. 8 Mrs. Doss, you want to explain that? It's a 9 surplus we have from 2015? 10 MRS. DOSS: Well, it's a surplus that they 11 have. 12 JUDGE POLLARD: That they have. 13 MRS. DOSS: Yes. 14 JUDGE POLLARD: All right and they want to 15 apply it? 16 MRS. DOSS: They want to apply it, yes. 17 It's like reserving a fund balance for future 18 construction. 19 COMMISSIONER LETZ: A new building planned. 20 COMMISSIONER BALDWIN: I move for approval. 21 COMMISSIONER LETZ: Second. 22 JUDGE POLLARD: Moved by Commissioner 23 Baldwin and seconded by Commissioner Letz to approve the 24 change in the budget of $34,416 by the Kerr Central 25 Appraisal District to be applied to the building reserve 88 1 fund by a budget amendment. 2 COMMISSIONER BALDWIN: I would think that 3 they would have to come to us and all our taxing 4 entities -- 5 COMMISSIONER REEVES: Just like a budget. A 6 majority. I do see, they list $34,033.00, and our 7 agenda item request $34,416. And granted that only what 8 22.48 percent is ours, but I was just wondering, I have 9 no problem with either one, I just wonder which is 10 correct. 11 COMMISSIONER BALDWIN: Picky, picky, picky, 12 picky. 13 COMMISSIONER MOSER: And while she's looking 14 it up the question would be on if we didn't approve this 15 then that those funds would be sent back to the 16 entities? 17 MRS. DOSS: Yes, yes. 18 COMMISSIONER REEVES: The majority. 19 COMMISSIONER MOSER: And I think the City's 20 approved it, I don't know. But that's what it would be, 21 it would be -- yeah, I think -- George wants to say 22 something. 23 MR. BAROODY: George Baroody, Kerrville. 24 This item is -- it's a small amount of money, relatively 25 speaking. But it's something that seems a little bit 89 1 odd from what we're doing. We've done it for the past 2 15 years, or 15 out of the last 16. And the -- and it's 3 a small amount of money, but sort of a big symbolic 4 gesture you guys are going to be making. The money, the 5 34 thousand that's going to be returned, or be withheld 6 by the Kerr CAD, actually has 17 different entities that 7 could receive some money from this. Of those, 60 8 percent of it are ISD. So the symbolic message you're 9 sending is that the building fund for Kerr CAD is taking 10 priority over in a small way, the education of the youth 11 in the area. That's one aspect. 12 The other is, it seems like sort of sloppy 13 budgeting by Kerr CAD. If they're going to do this 14 every year for 15 years maybe somebody should get with 15 them about putting a line item in their budget for the 16 building fund, and then the surplus is done differently. 17 That's all. 18 COMMISSIONER BALDWIN: I agree with that 19 last part for sure, that needs to be done. I agree with 20 that. 21 COMMISSIONER LETZ: I mean I agree. The 22 other part I'm not sure I totally agree with, George. 23 And the reality part of it is what I'm thinking is, is 24 that they have plans, they've purchased property, they 25 have plans that we saw some architectural drawings as I 90 1 recall of a new building. So it's -- we're getting it 2 paid for and the taxpayers are going to pay for it one 3 way or the other. 4 JUDGE POLLARD: They're going to build it 5 either way. 6 COMMISSIONER LETZ: They're going to build 7 it so -- and that means we pay for the debt for the 8 building. 9 COMMISSIONER MOSER: If they build the 10 building and have 34 thousand dollars left over because 11 they didn't need this then they would send this back 12 to -- 13 COMMISSIONER LETZ: Well, they'll use this 14 for paint for the building. But they should do a better 15 job of budgeting. And on quite a few occasions we have 16 not approved their budget. 17 COMMISSIONER BALDWIN: That's correct. 18 COMMISSIONER MOSER: Right. 19 COMMISSIONER LETZ: We usually lose, but we 20 don't approve it. 21 JUDGE POLLARD: All right, those in favor of 22 the motion signify by raising their right hands. It's 23 four zero, unanimous. It passes. 24 1.25 consider, discuss and take appropriate 25 action on implementation of the burn ban. This is a 91 1 renewal that happens. 2 COMMISSIONER BALDWIN: So move. 3 JUDGE POLLARD: So moved. 4 COMMISSIONER MOSER: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Baldwin and seconded by Commissioner Moser to implement 7 the burn ban plan. Renew it, I guess, for an additional 8 period of what it is, three months. 9 COMMISSIONER LETZ: 90 days. 10 JUDGE POLLARD: 90 days. 11 COMMISSIONER REEVES: Just to point out 12 this isn't putting -- saying they can't burn today; this 13 is just implementing our plan to -- 14 JUDGE POLLARD: It implements the plan. 15 COMMISSIONER LETZ: To allow us to extend it 16 by precinct. 17 JUDGE POLLARD: Any further discussion? If 18 not, those in favor of the motion signify by raising 19 their right hand. It's four zero, unanimous. Passes. 20 Item 1.26. Consider, discuss and take 21 appropriate action to approve contract with Tierra Linda 22 Volunteer Fire Department, families and literacy, Inc., 23 Mountain Home Volunteer Fire Department, Center Point 24 Volunteer Fire Department, and Dietert Center and allow 25 the County Judge to sign same. 92 1 These are annual contracts that we need to 2 enter into with these people. 3 COMMISSIONER BALDWIN: So approve. 4 JUDGE POLLARD: Been all approved by the 5 County Attorney? 6 MS. CHAVEZ: Yes, Sir, it has. 7 COMMISSIONER MOSER: And it's all in the 8 budget. 9 MRS. DOSS: Yes. 10 COMMISSIONER MOSER: Second. 11 JUDGE POLLARD: Who made the motion? 12 Commissioner Baldwin made the motion to approve it and 13 seconded by Commissioner Moser. This is to approve all 14 of those contracts listed in item 1.26 of the agenda, 15 and authorize the County Judge to sign those contracts. 16 Any further discussion? If not, those in favor signify 17 by raising their right hand. It's four zero, unanimous. 18 1.27 consider, discuss and take appropriate 19 action to ratify and confirm the RFP -- did we do that? 20 For administrative services and RFQ for engineering 21 services for pre-award services for the creation of a 22 flood warning system; reference court order number 23 35833. Commissioner Moser. 24 COMMISSIONER MOSER: Yes. This is just to 25 keep us moving in the path toward if we were to apply 93 1 for the grant for the Flood Warning System 2 implementation, we have to have the administrative 3 services and engineering service. And this just 4 confirms the RFP for that. 5 COMMISSIONER LETZ: Is this the RFP for the 6 services? 7 COMMISSIONER MOSER: Yeah, that's right. So 8 I make that motion thereof. 9 COMMISSIONER LETZ: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Moser, seconded by Commissioner Letz to confirm the RFP 12 for administrative services and RFQ for engineering 13 services for pre-award services for the creation of 14 flood warning system. It's in reference to Court order 15 number 35833. Any further comment or discussion? There 16 being none, those in favor signify by raising your right 17 hands. 18 COMMISSIONER BALDWIN: No. 19 JUDGE POLLARD: It's three to one in favor 20 of the motion. Commissioner Baldwin being the no vote, 21 and it passes. 22 All right, item 1.28 consider, discuss and 23 take appropriate action to appoint a Kerr County 24 representative to the Alamo Area Development Council. 25 COMMISSIONER BALDWIN: Good luck. 94 1 JUDGE POLLARD: Yeah, good luck. 2 COMMISSIONER MOSER: I think you should do 3 that. 4 JUDGE POLLARD: I asked Jody to e-mail Diane 5 Rath and ask her for what these -- what this is going to 6 do. And I got an answer, and you can read it and if you 7 can make any sense of that e-mail answer that's in the 8 agenda package -- I can't understand what it's all 9 about. But it is -- it is a particular appointment that 10 has expired in the previous -- the one that expired is 11 Mayor -- former Mayor Jack Pratt. So we need to appoint 12 somebody to take that position, and I understand from 13 talking to Diane that it involves maybe a once a year 14 meeting. Yes, Sir. 15 COMMISSIONER REEVES: Commissioner 1, you're 16 not going to have much time in your retirement to do 17 this, are you? 18 COMMISSIONER BALDWIN: Absolutely not. I'll 19 be awful busy, you know, checking my clock. They change 20 times all the time and everything, and I'm going to be 21 very busy. 22 COMMISSIONER REEVES: And then I guess the 23 man that will be setting there might want to take this 24 position. Harley Belew. 25 COMMISSIONER MOSER: I think he probably 95 1 would. 2 COMMISSIONER BALDWIN: Yeah, you can do 3 that. They like folks that are not part, you know, kind 4 of like an outsider. Like this -- look at this guy 5 smiling on the front row. Now, there is a prime example 6 of a representative of that board of directors. What is 7 your name? 8 AUDIENCE: I'm not volunteering. 9 JUDGE POLLARD: Is there a motion? 10 COMMISSIONER REEVES: I think they need an 11 outsider then. 12 COMMISSIONER BALDWIN: Harley would be 13 great. Boy, I'd lay his name out. 14 COMMISSIONER REEVES: I'll make it a motion. 15 COMMISSIONER MOSER: I'll second that. 16 JUDGE POLLARD: Who was it, for Harley? 17 COMMISSIONER LETZ: Uh-huh. 18 JUDGE POLLARD: He left too soon. 19 COMMISSIONER LETZ: Only one meeting a year. 20 JUDGE POLLARD: Okay. It's been moved by 21 Commissioner Reeves, seconded by Commissioner Moser to 22 appoint soon to be Commissioner Precinct 1 Harley Belew, 23 to the Alamo Area Development Council. Any further 24 discussion or questions? If there's none, those in 25 favor of the motion signify by raising your right hand. 96 1 It's four zero, unanimous. It passes. 2 COMMISSIONER REEVES: Irene and Bonnie, and 3 everybody else, if you want to step out we can find some 4 committees for you real quick. 5 JUDGE POLLARD: Please would you let Harley 6 know. 7 AUDIENCE: I'm not going to call him; I can 8 put it in my story. 9 JUDGE POLLARD: Item 1.29 consider, discuss 10 and take appropriate action regarding management 11 incentive of the Hill Country Youth Event Center per our 12 agreement with Spectra Venue Management. Commissioner 13 Letz and Commissioner Reeves. 14 COMMISSIONER LETZ: I think everyone has a 15 copy of it, attached is the 3.2(c), it's called the 16 Qualitative Fee, and there's five categories that we're 17 to evaluate their performance on from a management 18 standpoint. And they get a total of three thousand for 19 each of the five categories. Mr. Reeves and myself and 20 Jake met, went over with these. I will say that some of 21 the categories the way they're written really they don't 22 fit real well with the way they're operating out there. 23 So we try to look at the intent of them and try to 24 figure out, you know, based on what they've done, what 25 they're doing, where they're going, and how we thought 97 1 they should be evaluated. 2 Anyway, on the result of customer service 3 scores it said $2,250.00 out of the three thousand. 4 Quality of food and beverage is one thousand out of 5 three thousand. Repairs and maintenance was two 6 thousand two fifty out of three thousand. Creative 7 sales and marketing was one thousand out of three 8 thousand, and control of operating expenses the full 9 three thousand, and came to a total of 9 thousand 500 10 that we would recommend be paid to them. This is money 11 that I understand is in the operating account. The 12 difference between those two numbers would be retained 13 in the budget for operation. 14 COMMISSIONER REEVES: To offset the current 15 budget. 16 COMMISSIONER LETZ: To offset the current 17 budget. 18 COMMISSIONER REEVES: It's not we're having 19 to write a check; it's part of the monthly check that is 20 delivered to Spectra. 21 COMMISSIONER LETZ: And we are, you know, 22 and I might give a little bit of explanation on it. The 23 customer service scores was actual agreement calls for 24 us to do a survey, which we really never set up and Jake 25 didn't set up. And looking at it the way we're 98 1 operating really seems probably more appropriate for us 2 to do, or for Jake to do a survey to the people who are 3 renting rather than the users. And so they're going to 4 start that up for the next year so there will be 5 something in the files about that. 6 The quality of food and beverage, it took us 7 a long time to get the beer license, but they did get 8 that, and as a part of that is the reason for the 9 funding there. 10 Repairs and maintenance. Over all really 11 done a good job. It's always very, very clean. There's 12 a few areas there are some things -- equipment may have 13 been left out a few times that we thought -- or Bob and 14 I were told about, so that's why we didn't give them the 15 full amount there. 16 Creative sales and marketing, that's one 17 that's partially our responsibility from the standpoint 18 we put such a tight lid on the expenses. From the 19 original plan that they had out there they had planned 20 to have a marketing person. From a budget standpoint we 21 wouldn't go for that. So it's been limited what they've 22 been doing. And hopefully the next year, Jake will have 23 more time, because he's got a better staff out there. 24 The staff has been trained out there to take on some of 25 that stuff. 99 1 And the control and operating expenses, you 2 know, Bob and I both thought they did a real good job on 3 that category. They were able to come in and below 4 budget, or under budget on that category. 5 COMMISSIONER REEVES: As well as the budget 6 for this year. 7 COMMISSIONER LETZ: Right, and this year, 8 too. 9 COMMISSIONER REEVES: Is significantly lower 10 based on what he's accomplished. So I agree with 11 Commissioner Letz that we put such a budget strain on 12 him he hadn't been able to have much fore marketing, but 13 what he has done on an individual basis has helped them. 14 And we drove by there Friday, you saw what it meant. 15 COMMISSIONER MOSER: So marketing is one of 16 the things that we said that County didn't have the 17 expertise in, okay. So what you're saying is by what 18 the budget would curtail the marketing activities. 19 COMMISSIONER LETZ: Yeah. 20 COMMISSIONER MOSER: What was the second 21 part of that? 22 COMMISSIONER LETZ: We think it's going to 23 improve this year. Jake will have one -- he's been here 24 almost a year, seems like it's been longer, but it's 25 still under a year still. And they've got everything up 100 1 and running. He has a good staff out there. Ed and 2 Robin do a real good job, and they allow Jake to do a 3 little bit more in that area. So we hope it'll be 4 improved. And it certainly is better than it was, 5 because they're certainly because they're not doing 6 marketing, it's just we'd still like to see more. 7 JUDGE POLLARD: Kind of like limiting them 8 like that and expect them to increase a lot and do more 9 is kind of holding him back. What are we talking about, 10 what would it cost to get the marketing person out 11 there? 12 COMMISSIONER LETZ: Probably another like 30 13 thousand. 30, 40 thousand a year. Somewhere in that 14 range for marketing. 15 COMMISSIONER MOSER: Or a marketing service? 16 COMMISSIONER LETZ: Or a company possibly, 17 or contract person. I mean there's various options to 18 do it. 19 JUDGE POLLARD: Want him to do better, but 20 we're handy-capping him. 21 COMMISSIONER REEVES: I think one of the 22 things and Jake can speak up, from a corporate level we 23 should be seeing more, because how many more venues has 24 your -- has Spectra acquired in Texas since they signed 25 the contract with us, Jake? 101 1 MR. WILLIAMSON: That's a good point. You 2 know, as we filter into Texas getting on the circuits is 3 what's really going to help drive this venue. We picked 4 up Wichita Falls, Texas as well as Beaumont in the last 5 year. We'll be moving into operating them. We're 6 already at Wichita Falls, Beaumont will come on in the 7 spring. So that's more venues in Texas, same operating 8 styles, that will help us route different trade shows. 9 Different people to travel, like we had this week market 10 days. It will help drive the knowledge of the facility 11 and knowing we're here. 12 COMMISSIONER MOSER: I remember that was one 13 of their strong points that Spectra made is they have so 14 many different venues around the nation, I don't 15 remember how many it was, it was mind boggling, that 16 they're able to move some of these venues through here. 17 MR. WILLIAMSON: Correct. And we had 18 limited success with that this year. I'm already 19 working with Robstown. 20 COMMISSIONER MOSER: So that's not really 21 not external marketing per se; it's almost internal 22 within Spectra, right? 23 MR. WILLIAMSON: It's using our space to 24 everybody's advantage. 25 JUDGE POLLARD: To have a marketing person 102 1 or not. 2 COMMISSIONER LETZ: One of the things that 3 we think is the area for improvement can be done is 4 going out for local sponsorships, things of that nature, 5 signage in there. And that's the kind of thing that we 6 think that Jake could handle himself. 7 COMMISSIONER MOSER: Locally, right. I 8 think, yeah. 9 COMMISSIONER LETZ: There is -- we've talked 10 some about concert-type events. And you know I think 11 that there's -- it takes it to get a big name type 12 person, I'm not sure it would work for Kerr County, and 13 to try that is expensive to us. We have to put the 14 front money and proceed money into those type deals. So 15 we're talking to Jake to look at some kind of a smaller 16 group that maybe out of Austin, or some of the maybe 17 local people, to try to get some more local concerts and 18 try to get into that slowly, so that's another area in 19 the marketing to try to figure out how to do something 20 on a smaller scale. 21 COMMISSIONER BALDWIN: Yeah. You don't do 22 the Beatles and stuff like that anyway. Don't you -- 23 y'all do your group -- don't you do like a mid level -- 24 MR. WILLIAMSON: It depends on the market, 25 you know, everywhere we go just is looking at what the 103 1 community can withstand and go from there, what the 2 Wells Fargo Center or HUB. Of course we could do things 3 like that. You know it's just -- there's risk inherent 4 in that when you're trying to get those names because 5 that's how they make their money on the tour, you know 6 through the agents. So really just up to the community 7 if that's something that they would be willing to risk. 8 Otherwise, there's you know, controlling the operating 9 budget has been our key to being able to, you know, can 10 we look at something on a lower scale that fits within 11 the budget that we can take that casually to risk on. 12 COMMISSIONER MOSER: Do you work at Cailloux 13 at all, because they bring in some of these things, and 14 they probably get a lot of inquiries that may not fit 15 that facility, or may be a better fit. 16 MR. WILLIAMSON: It may be. We haven't 17 collaborated on anything. 18 COMMISSIONER MOSER: I suggest you do that. 19 COMMISSIONER BALDWIN: I've often wondered 20 about that. And I bet they have a net, netting-type 21 thing like these guys do, because you see these names 22 come through there. 23 COMMISSIONER MOSER: I suggest you get ahold 24 of them, those folks over there, and work together on 25 that. Probably wouldn't cost anything other than just 104 1 -- plus you need to get to know them. 2 MR. WILLIAMSON: Absolutely. The Visitors' 3 Bureau, I'm working with them, as well as Blue Sage. 4 That relationships have started. 5 COMMISSIONER MOSER: Okay, great. 6 MR. WILLIAMSON: Just hasn't happened with 7 Cailloux. 8 COMMISSIONER BALDWIN: Tell me about this 9 operating account, there's 15 thousand dollars in it. 10 Where did it come from? 11 COMMISSIONER LETZ: From us, out of our 12 monthly -- as I understand it's out of our monthly fee 13 that we pay for the management service. There's a 14 portion of that that it goes into. 15 COMMISSIONER BALDWIN: And so you would 16 reduce the 15 by 9 thousand 500. When will you 17 replenish that or -- 18 COMMISSIONER LETZ: Well, it goes into -- 19 it's built into this year's budget, too. So it'll -- we 20 won't have to spend as much this year -- 21 COMMISSIONER BALDWIN: Same amount. 22 COMMISSIONER LETZ: As we budgeted. 23 COMMISSIONER BALDWIN: Same amount? 24 COMMISSIONER LETZ: Yeah. 25 COMMISSIONER REEVES: It's five-three 105 1 thousand dollars. 2 JUDGE POLLARD: Is there a motion? 3 COMMISSIONER REEVES: So move -- 4 COMMISSIONER LETZ: Second. 5 COMMISSIONER REEVES: -- as presented. To 6 pay $9,500.00 in incentive fees to the management 7 company at the Hill Country Youth Event Center. 8 COMMISSIONER LETZ: Second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Reeves, seconded by Commissioner Letz to pay the sum of 11 9 thousand 500 dollars to Spectra Management as 12 incentives pursuant to the agreement between the parties 13 and Spectra. Is there any further discussion? 14 COMMISSIONER LETZ: I want to comment on Bob 15 mentioned briefly, anyone that went out there Friday or 16 Saturday, drove by that place, it was packed. I mean 17 there were -- it was busy as I've seen that area in 18 traffic turn in there was stopped on Highway 27. 19 COMMISSIONER BALDWIN: What was it? 20 MR. WILLIAMSON: It's the Market Days. 21 COMMISSIONER BALDWIN: Oh, yeah. 22 JUDGE POLLARD: Well, the 4-H people had a 23 big day out there, validation weekend or something like 24 that. 25 COMMISSIONER LETZ: That was Sunday. Friday 106 1 and Saturday was just the market days. 2 JUDGE POLLARD: Yeah, and it was a big deal. 3 Okay, anything else? All right, those in favor of the 4 motion signify by raising your right hands. It's four 5 zero, unanimous. It passes. 6 Do we have anything that we need to go into 7 executive session for? I would ask that now, but I 8 don't think -- we handled that, didn't we? 9 Okay, then let's go ahead and pay the bills, 10 etc. 11 COMMISSIONER BALDWIN: I move we pay the 12 bills. 13 MRS. DOSS: If if you look on page 11 -- 14 COMMISSIONER BALDWIN: I un move. 15 MRS. DOSS: Sorry, I just want to point this 16 one out. Page 11 there is a bill paid to Huser 17 Construction for $75,300.00. This was for pre 18 construction services. Originally the agreement was the 19 construction manager at risk they said it was for 20 $25,776.00, but that was only if we did it within a five 21 year period. If through no fault of the construction 22 manager, if it went beyond that period, then it was 23 going to be increased. And because they they had to go 24 and do more services, pre construction services, related 25 to reducing the budget, by moving the prisoners to out 107 1 of County, it ended up costing more money. And I do 2 have copies of that if you want to see these. This kind 3 of explains it all. And since it increased, I just 4 wanted to have everyone review it. 5 COMMISSIONER LETZ: Brenda, this is also -- 6 I'm just asking, is due to the fact that there was a 7 fair amount of redesign. 8 MRS. DOSS: Yes, yes. 9 COMMISSIONER LETZ: Which lowered the over 10 all cost substantially. 11 MRS. DOSS: It lowered the cost by 1.9 12 million. And it was in the budget, or in the agreement, 13 that the services could be equitably adjusted. 14 COMMISSIONER LETZ: Money well spent. 15 MRS. DOSS: Yeah. 16 COMMISSIONER MOSER: I agree. 17 JUDGE POLLARD: Is there a motion? 18 COMMISSIONER MOSER: Did we have a motion? 19 COMMISSIONER LETZ: Didn't we already have a 20 motion? 21 JUDGE POLLARD: He withdrew it. He said I 22 move to pay the bills, and when she said -- 23 COMMISSIONER BALDWIN: I move we pay the 24 bills. 25 COMMISSIONER MOSER: I second. 108 1 COMMISSIONER BALDWIN: I re move. 2 JUDGE POLLARD: Okay, been moved by 3 Commissioner Baldwin, and seconded by Commissioner Moser 4 to pay the bills as presented. Any further discussion 5 or comment? There being none, those in favor signify by 6 raising your right hands. It's four zero, unanimous. 7 4.2. Budget amendments. 8 MRS. DOSS: We have one budget amendment. 9 And the Sheriff's Department had budgeted 20 thousand 10 dollars in their prisoner transfer, but it was actually 11 for out of County housing. And now that he is using out 12 of County housing, I am moving that into -- I made a 13 line item for out of County housing, and I'm moving that 14 budgeted amount into out of county housing, so it's more 15 transparent so that we can track it better. 16 COMMISSIONER LETZ: Move for approval. 17 COMMISSIONER REEVES: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Letz and seconded by Commissioner Reeves to approve the 20 budget amendment as presented by the County Auditor. 21 Any further discussion or comment? There being none, 22 those in favor signify by raising their right hand. 23 It's unanimous. 24 Late bills. 25 MRS. DOSS: No late bills, Sir. 109 1 JUDGE POLLARD: We going move on to approve 2 and accept monthly reports. 3 COMMISSIONER REEVES: Yes, Sir. I have 12 4 of them. Unless otherwise specified it's for the month 5 of October, 2016. Constable Precinct 2, Constable 6 Precinct 1, J.P. Precinct 3, J.P. Precinct 1, District 7 Clerk's office, County Clerk's office, J.P. Precinct 2, 8 Environment Health monthly report, Animal Services, 9 Constable Precinct 4, payroll approval for the month 10 ending in October, and finally, the quarterly investment 11 report for July to September, 2016. 12 I move to accept the reports and sign as 13 needed. 14 COMMISSIONER BALDWIN: I second that 15 emotion. 16 JUDGE POLLARD: Emotion? 17 COMMISSIONER BALDWIN: Uh-huh. I could tell 18 he was welling up, you know. 19 JUDGE POLLARD: Overcome by it. 20 Commissioner Reeves moved, and seconded 21 by -- that motion was seconded by Commissioner Baldwin 22 to accept the monthly reports as read into the record, 23 and to execute them and accept them as needed. Any 24 further discussion? There being none, those in favor 25 signify by raising their right hand. It's four zero, 110 1 unanimous. 2 Auditor's reports. 3 MRS. DOSS: We have submitted one for the 4 audit of the tax office. 5 JUDGE POLLARD: Any action required on that 6 to accept it? 7 MRS. DOSS: Just to accept it. 8 JUDGE POLLARD: Hu? 9 MRS. DOSS: Just to accept it, unless you 10 have questions. 11 COMMISSIONER BALDWIN: I move we accept it. 12 COMMISSIONER MOSER: Second. 13 JUDGE POLLARD: Moved by Commissioner 14 Baldwin, seconded by Commissioner Moser to accept the 15 Auditor's audit of the tax office as submitted. Any 16 further discussion or comment? 17 COMMISSIONER BALDWIN: Do you do that every 18 year, the tax office? 19 MRS. DOSS: This is the first year we have 20 done it since I've been here. I think they hadn't done 21 it for about three years before that. 22 JUDGE POLLARD: All right. Those in favor 23 of the motion signify by raising your right hands. It's 24 four zero, unanimous. Did you raise your's? 25 COMMISSIONER LETZ: Yes. 111 1 JUDGE POLLARD: Reports from 2 Commissioners/liaison committee assignments. Anybody? 3 COMMISSIONER LETZ: Let me make a comment on 4 the East Kerr Wastewater Project, that has a lot of 5 moving parts, there's been a lot of effort. The 6 deadline or the date now to get all of the easements, 7 kind of the drop-dead date is the 28th of this month. 8 We made a couple of big improvements or big -- two of 9 the three have to haves came in over the weekend. And, 10 you know, I guess it's a thanks to the residents that 11 we've asked to help. They've been really understanding, 12 they've been working with us. Most of them are donating 13 the property for the project, or being paid a nominal 14 sum. 15 Anyway, an update, the opening of bids is 16 going to be January 9th, I think, is that right, Tom? 17 Somewhere right around there, early in January the bids 18 coming back in, and award the contracts sometime towards 19 the end of January. So the project's moving along. The 20 past week or so we've had some real significant progress 21 on two critical that really affect the whole project. 22 COMMISSIONER MOSER: Basically to move for 23 contract in February. 24 JUDGE POLLARD: Okay. 25 COMMISSIONER MOSER: Construction contract. 112 1 JUDGE POLLARD: Any reports from elected 2 officials or department heads? 3 JUDGE POLLARD: Reports from boards, 4 commissions and committees. 5 City, County joint project or operations 6 reports. 7 Any other reports of any other kind? 8 Sheriff's here and we got by him. I can't believe it. 9 COMMISSIONER REEVES: If you could recall 10 item 1.22. I believe Mr. Garcia and a representative 11 from the City of Kerrville coming back -- 12 JUDGE POLLARD: I think that's right. 13 Coming back with recommendations. 14 COMMISSIONER REEVES: -- with some 15 recommendations. 16 JUDGE POLLARD: All right, item 1.22, 17 reopened again, consider, discuss and take appropriate 18 action to open bids received from the requests for 19 proposals for the Hazardous waste collection event, 20 distribute to appropriate personnel for review and 21 evaluation; and award contract if appropriate. Contract 22 to be approved contingent upon approval by AACOG. 23 Yes, Sir. You guys have a recommendation, 24 Mr. Garcia? 25 MR. GARCIA: Yes, Sir. We do have a 113 1 recommendation for Clean Harbors. 2 COMMISSIONER REEVES: And what was the 3 amount? Do we have a dollar amount? 4 MR. GARCIA: Yes, we do. 5 COMMISSIONER REEVES: And I would say, 6 you'll recall, I believe at the last meeting, we 7 approved an interlocal agreement between the City of 8 Kerrville and Kerr County. We are receiving 25 thousand 9 dollars grant from AACOG, the City will pay, and you can 10 correct if I get the numbers out, ten thousand dollars 11 plus any addition over 35 thousand. 12 MR. GARCIA: Correct. We'll do a cash match 13 at ten thousand, and 25 plus ten, 35, and then anything 14 above that which will be on an invoice and we'll take 15 care of that. 16 COMMISSIONER LETZ: Ray, can you briefly go 17 over -- what is the amount? 18 MR. GARCIA: 35,533. This is just a sample 19 event cost. You really can't put a exact dollar amount 20 on an event. Because the way it works is we would send 21 out a cost sheet, how much per box and cost for let's 22 say paint, mercury, and then we put a sample event on a 23 separate schedule. So it works as -- we're assuming 24 that we're going to receive X amount of boxes at your 25 rate, give us an example cost sheet. So that 35 is just 114 1 based on assumption. So it could go up to about forty 2 thousand is what we've had in the past. 3 COMMISSIONER MOSER: 25 from the grant, ten 4 thousand from the City, and City anything above. Got 5 ya. 6 COMMISSIONER LETZ: What -- were the other 7 ones close just out of curiosity, the other two 8 submitters? 9 MR. GARCIA: Yes. One of them was 42 10 thousand, and the other was 35 four. So there were two 11 were very close. We've had Clean Harbors in the past 12 and had great experience with them. No worries on their 13 service. Because we're going into a new venue, a new 14 process at the new site, so we felt that we don't have 15 to worry about the service that Clean Harbor's going to 16 provide. I know the numbers are a little bit off, but 17 they do provide great services. 18 COMMISSIONER LETZ: So the recommendation, 19 although it was not the lowest bid, it was very close to 20 the low bid, but due to the service and experience for 21 them that's the reason for the recommendation. 22 COMMISSIONER REEVES: And their 23 qualifications were satisfactory? 24 MR. BARRERA: Qualifications, yes, Sir. 25 JUDGE POLLARD: There's only a hundred and 115 1 55 dollars difference between the two. 2 COMMISSIONER LETZ: Right. But I just 3 wanted to get it on record if we're not going with the 4 low bid the reason is we've used them in the past. 5 MR. BARRERA: Past experience. 6 MR. GARCIA: Past experience. Based on 7 their service and operation the City has had with this 8 company. 9 JUDGE POLLARD: Award it to Clean Harbor. 10 COMMISSIONER LETZ: I make a motion we award 11 the hazardous waste collection event bid to Clean 12 Harbors. 13 COMMISSIONER REEVES: Authorize Judge to 14 sign. 15 COMMISSIONER LETZ: And authorize Judge to 16 sign same. 17 COMMISSIONER REEVES: And make it contingent 18 upon approval from AACOG. 19 COMMISSIONER LETZ: Yes. 20 JUDGE POLLARD: Okay. Been moved by 21 Commissioner Letz, seconded by Commissioner Reeves to 22 award the hazardous waste collection bid to Clean 23 Harbors, their bid being not quite the lowest one, 24 $35,533.00, and subject to approval and contingent upon 25 approval by AACOG, is that correct? 116 1 COMMISSIONER REEVES: That is correct. 2 JUDGE POLLARD: All right. Is there any 3 further discussion or comment on the motion? 4 COMMISSIONER BALDWIN: Just tell me one more 5 time what the date of the event is. 6 COMMISSIONER REEVES: The event will be 7 December 10. 8 COMMISSIONER BALDWIN: That's what I 9 thought. 10 COMMISSIONER REEVES: Beginning at seven? 11 MR. GARCIA: 8 a.m. until noon. 12 COMMISSIONER REEVES: 8 a.m. until noon. 13 It will be in the new show barn of the Event Center, 14 along with Animal Services will have an event for pet 15 adoption. 16 MRS. GRINSTEAD: Child services. 17 COMMISSIONER REEVES: Child Services Board 18 will have a toy drive for Christmas. And something 19 else. 20 MRS. GRINSTEAD: The tires. 21 COMMISSIONER REEVES: They'll be a tire 22 disposal and an electronic waste disposal there as well. 23 And it's all being -- I can't compliment these two and 24 Jody for their work with other departments that they 25 represent. They've done an excellent job. 117 1 COMMISSIONER BALDWIN: As usual. 2 JUDGE POLLARD: I appreciate your 3 participation in it from the City. Thank you, Sir. 4 COMMISSIONER REEVES: I'm ready to vote, 5 Judge. 6 JUDGE POLLARD: All right. Those in favor 7 of the motion signify by raising your right hands. It's 8 four zero, unanimous. 9 Is there any further for business before 10 Commissioners' Court today? If not, we're adjourned. 11 Thank you. 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 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 6th day of December, 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