1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, December 12, 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 6 4 1.1 Recognition of the Kerr County Elections 11 Department for their website which received 5 "Honorabe Mention" in a statewide survey of county election websites done by the Texas 6 League of Women Voters. 7 1.2 Consider, discuss and take appropriate 14 action on a preliminary plat for Harper 8 Estates, Pct. 4. 9 1.3 Consider, discuss and take appropriate 17 action to receive RFP's and RFQ's for 10 administrative and engineering services for the 2017-18 Community Development 11 Block Grant (CDBG) to include Community Development (CD) and Colonia Economically 12 Distressed Areas Program (CEDAP) for the East Kerr County/Center Point Wastewater 13 Project and authorize a selection review committee to select and rate competing 14 respondents, Pct. 2 & 3. 15 1.4 Consider, discuss and take appropriate 20 action to accept maintenance of Crystal 16 Drive West out of the Cutoff Business Park Phase Two Subdivision Volume 8, Page 31, 17 Pct. 4. 18 1.5 Consider, discuss and take appropriate 23 action to open, read and award the Annual 19 Bids for Road Base, Cold Mix, Aggregate, Emulsion Oil and Corrugated Metal Pipe. 20 1.6 Consider, discuss and take appropriate 27 21 action to authorize the County Surveyor to obtain elevations along Third Creek for 22 floodplain management purposes, Pct. 2. 23 1.12 Open bids for Center Point River Road 44 property and refer to appropriate personnel 24 for review and recommendation. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 47 action to approve Resolution supporting 4 efforts to preserve night skies. 5 1.5 Consider, discuss and take appropriate 61 action to open, read and award the Annual 6 Bids for Road Base, Cold Mix, Aggregate, Emulsion Oil and Corrugated Metal Pipe. 7 1.8 Consider, discuss and take appropriate 66 8 action to accept updated proposal from Security State Bank to install an ATM 9 at the Hill Country Youth Event Center and have County Judge sign same. 10 1.9 Consider, discuss and take appropriate 68 11 action to ratify and confirm the audits required by Article 59.06 of the Code of 12 Criminal Procedure and the FY 2016 Chapter 59 Asset Forfeiture Reports for the 198th 13 District Attorney, the 216th District Attorney and the Kerr County Sheriff. 14 1.10 Consider, discuss and take appropriate 70 15 action to address possibility of prohibiting the sale or use of restricted 16 fireworks (i.e.: "Skyrockets with sticks" and missiles with fins") in any portion of 17 the unincorporated area of Kerr County pursuant to Local Government Code 352.051 18 for the December fireworks season. 19 1.11 Consider, discuss and take appropriate 71 action to appoint a member of Commissioners' 20 Court or designate a person to perform investigation under Section 751.005 of the 21 Texas Health and Safety Code for the purpose of determining if the minimum standards for 22 ensuring public safety and order as prescribed by law will be maintained under 23 the application for permit for mass gathering by the Hill Country Junior Livestock Show. 24 1.13 Consider, discuss and take appropriate 73 25 action regarding a policy for placing items on the courthouse grounds. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Consider, discuss and take appropriate 80 action to adopt resolution to designate 4 management/consulting service providers for the Hazard Mitigation Fund Project 5 for application preparation and project implementation. 6 1.15 Consider, discuss and take appropriate 80 7 action to appoint Tom Molner as a member of the Kerr County Child Services Board. 8 1.16 Consider, discuss and take appropriate 81 9 action to approve contracts with Ingram Volunteer Fire Department and K'Star and 10 allow the County Judge to sign same. 11 1.18 Consider, discuss and take appropriate 82 action to approve Interlocal Cooperation 12 Agreement with Kendall county WCID #1 concerning the East Kerr/Center Point 13 Wastewater Project. 14 4.1 Pay bills. 85 15 4.2 Budget Amendments. 85 16 4.3 Late Bills. 86 17 4.4 Approve and accept Monthly Reports. 86 18 4.5 Auditor Reports. 87 19 5.1 Reports from Commissioners/Liaison 88 Committee Assignments as per attachment. 20 5.2 Reports from Elected Officials/Department 90 21 Heads. 22 5.3 Reports from Boards, Commissions and 91 Committees. 23 a). City/County Joint Projects or Operations Reports. 24 b). Other. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.12 Open bids for Center Point River Road 91 property and refer to appropriate personnel 4 for review and recommendation. 5 *** Adjourned. 93 6 * * * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 JUDGE POLLARD: All right, it's 9 a.m. on 2 December 12, 2016. The Kerr County Court is in -- 3 Commissioners' Court is in session. Mr. Letz will lead 4 us this morning in the prayer and the pledge. 5 (Prayer and Pledge of Allegiance.) 6 JUDGE POLLARD: This is the part of the 7 agenda where the public can speak on an item that is not 8 on the agenda. I have one request form up here from a 9 Jerry Wolff. 10 MR. WOLFF: Judge, I was going to speak on 11 item 1.6. 12 JUDGE POLLARD: Oh, you're going to speak ON 13 1.6. 14 MR. WOLFF: Yes, Sir. 15 JUDGE POLLARD: Okay. Have a seat. We'll 16 do it at the proper time. Is there anyone wishing to 17 speak on something that's not on the agenda? You have 18 raised your hand back there, Mr. Voelkel? 19 MR. VOELKEL: Sorry, Judge. 20 JUDGE POLLARD: Come on up and give us three 21 minutes. 22 All right, there being no one, we'll move on 23 to the next item on the agenda, and that's 24 Commissioners' comments. We'll start with Commissioner 25 1. 7 1 COMMISSIONER BALDWIN: Judge, I don't have 2 anything this morning, thank you. 3 JUDGE POLLARD: Thank you. Mr. Moser. 4 COMMISSIONER MOSER: Judge, I do. Just 5 reading what it says in the agenda here, recognize the 6 achievements of persons in their precinct, animal 7 control is in Precinct 2, and there's a person or 8 there's an entity at animal control that probably a lot 9 of us don't know about, but I want Ray to introduce this 10 individual. 11 COMMISSIONER MOSER: This is -- this is 12 Nelson. Ray, why don't you just real briefly tell us 13 about Nelson, and what he does at animal control. 14 MR. GARCIA: Nelson, he's part of the Kerr 15 County family now. We had Nelson come in as a 16 surrender, him and two others, a brother and a sister 17 came in, a litter was surrendered about four years ago. 18 Nelson got adopted out, was out for about two years, 19 then animal control officers picked him up on the street 20 as a stray, the owner never came to claim him. So 21 Nelson unfortunately at that time was -- he had been at 22 the shelter for quite sometime and it was time to 23 euthanize. The staff called me and they said, Ray, you 24 have to come and look at this guy. So I went over, and 25 we -- you know everybody has already taken home four, 8 1 five, six dogs. I say no, guys, that's enough dogs. 2 Nelson was already on his way back to be euthanized. I 3 walk off and Nelson followed me, and I opened my truck 4 door, he jumped in, and that was it. So that's a true 5 story. 6 So Nelson was trained, he was owned by 7 somebody. But more importantly, to show the public that 8 Nelson is a pit bull, it's the people; it's not the type 9 of breed. 10 JUDGE POLLARD: Absolutely, I agree. 11 MR. GARCIA: Nelson has served in a number 12 of ways, as an ambassador we call him, for Animal 13 Services. He has gone to the Sheriff's Academy, which 14 has allowed him to be an instructor there at the 15 Sheriff's Academy. He's gone to all kinds of public 16 speaking events. Schools, we go to the elementary 17 schools. Nelson's gone -- he's made the circuit of 18 talking to folks. And to some community action groups 19 that we've taken Nelson to. The heroics for Nelson is 20 that Dom, Dominique Uribe here, animal control officer, 21 was out on a call, and they take Nelson. Nelson helps 22 them bring animals in that we can't catch. When they're 23 running around Nelson -- and by the way Nelson, he 24 doesn't know what to do on a leash because he always 25 will stay by me, and he won't leave. So he's not sure 9 1 what to do on a leash. But I can tell you what he did 2 for Dominique, I was there to see it, Dominique was on a 3 call, there was three dogs. Dominique turned away and 4 started walking to his truck, and the dogs came around 5 the corner unbeknownst to Dominique, and Nelson saved 6 the day. He actually stopped -- it wasn't a fight or 7 anything, Nelson just his presence stopped those dogs 8 in their tracks. And as clear as it's Monday today, 9 Nelson jumped out and the dogs just stopped. Again, no 10 aggression whatsoever. But because Nelson knows these 11 guys he's always at the shelter so the public can see 12 that again, it's not the breed; it's the public. It's 13 those people, that -- that percentage that make these 14 dogs what they are. But he actually saved Dominique 15 from being attacked by dogs. 16 And again became a actual hero for 17 Dominique. So him and Dominique have a really close 18 relationship, even though that Nelson stays with me. 19 And I can tell you, this, too. Nelson has probably cost 20 probably about four thousand dollars worth of damage at 21 my parent's house. Two air-conditioning unit's, and an 22 antique chair, and a six foot banana plant that they had 23 for years. But I can tell you this that my father that 24 does not -- had never had animals, this guy has a free 25 pass. And he even went out and bought a shirt with a 10 1 pit bull on it. That's who Nelson is. And he's our 2 County Ambassador. He's Ambassador for everyone. 3 JUDGE POLLARD: A pit bull. 4 MR. GARCIA: And to show what he does for 5 all types of strays. Remember in the shelter and we get 6 those guys in, they belonged to somebody at some point 7 in time. They used to belong to somebody. I want to 8 thank Animal Control Officer Dominique. 9 (Applause.) 10 COMMISSIONER MOSER: Thanks, Ray. Thanks 11 Nelson. 12 MR. GARCIA: Thank you. 13 COMMISSIONER MOSER: Okay, that's all I had. 14 JUDGE POLLARD: Got in the truck and that 15 was it. I don't have anything. Do you have anything? 16 COMMISSIONER LETZ: I think it's hard to 17 follow up Nelson. But it's one thing the State recently 18 published the State water plan, it's a pretty short 19 version this year, pretty good read. It gives a lot of 20 information about State water supplies and rivers, 21 underground aquifers, just everything, kind of 22 population projection. So it's available we'll probably 23 have a copy here, but certainly can get them from the 24 Water Development Board. But it's a very interesting 25 read and tells us a lot about how the projection the 11 1 state's going to be going through the next 50 years all 2 over. That's all I have. 3 COMMISSIONER REEVES: Just follow up on this 4 weekend's event out at the Youth Event Center, was the 5 household hazardous waste collection. 627 vehicles went 6 through to unload. Nelson was there at bark for the 7 park, and I believe did I see 16? 8 MR. GARCIA: 16, yes, Sir. 9 COMMISSIONER REEVES: 16 adoptions this 10 weekend. Toy drive, I saw Jody walk out with a big bag 11 of toys that people had left. And great joint effort 12 between the County and the City and TxDOT. But I'd 13 especially like to compliment both of Ray's departments, 14 they were out there the whole time, Miss Grinstead was 15 out there directing traffic, Road & Bridge supplied 16 barricades, cones and everything, so it was a great 17 effort and it served great purpose, too, to get some of 18 this out of their landfills and everything else. So it 19 was a good event and I compliment our department as well 20 as the City for their hard efforts. 21 COMMISSIONER MOSER: Good joint effort. 22 JUDGE POLLARD: Thank you. 23 All right, with that we'll go to item 1.1 24 on the agenda, recognition of Kerr County elections 25 department for their website which received honorable 12 1 mention in a statewide survey of County election 2 websites done by the Texas League of Women Voters. Is 3 there a Janice -- 4 MS. ZITELMAN: Good morning. 5 JUDGE POLLARD: Zitelman? 6 MS. ZITELMAN: I pronounce it Zitelman. 7 JUDGE POLLARD: Zitelman. You're probably 8 right. 9 MS. ZITELMAN: Honorable Commissioners, you 10 kind of already said what we're here for, we wanted this 11 time to recognize the elections department, because Kerr 12 County's not one of the big urban counties yet when the 13 State league did a survey of all of the contracts that 14 have websites Kerr County received honorable mention. 15 And I can tell you also, by looking at a neighboring 16 County I was very frustrated when I could not find 17 information about early voting, schedules and things 18 like that. It just said call the County. But that 19 takes up more people's time when you do that kind of 20 thing. So I really appreciate what they've done, and we 21 know that they can do that, because you give them 22 adequate funding, and encouragement to do that. And I 23 wanted to just remind you there's a piece in the mission 24 statement of the league of women voters that we 25 encourage informed and active participation in 13 1 government. And I believe that having information for 2 the voters through the County website is a piece of 3 that, and so we really appreciate that. 4 They, the staff, showed me this morning that 5 the State league had also sent them a certificate, but 6 I -- maybe Miss Bolin would like to come up and accept 7 this one. It just says Texas League of Women Voters 8 this certifies that Kerr County election office received 9 honorable mention for County election website, December 10 12th, 2016. 11 MS. DIANE BOLIN: Thank you. 12 MS. ALFORD: Thank you. 13 (Applause and Photograph.) 14 COMMISSIONER BALDWIN: Where'd the dog go? 15 MS. ZITELMAN: We have some league members 16 here this morning that's just part of the encouragement. 17 COMMISSIONER MOSER: How many counties 18 receive that honorable mention recognition? 19 MS. ZITELMAN: Maybe about 20 or something, 20 so I think this was very good. 21 COMMISSIONER MOSER: Out of 254. 22 MS. ZITELMAN: Yeah. There was another 23 higher level, but I say when I scanned it it looked like 24 it was the large urban counties where of course have a 25 lot more in resources to do that. 14 1 COMMISSIONER MOSER: Thank you. 2 JUDGE POLLARD: Maybe you oughta send a copy 3 of that to our neighboring counties, especially the one 4 she's talking about. 5 MS. ZITELMAN: Meg said that only five 6 counties got honorable mention, so that's very good. 7 And we also appreciate the good working relationship 8 that the League has had with the election staff for a 9 long time. 10 JUDGE POLLARD: Thank you very much, Ma'am. 11 Okay let's go to item 1.2 on the agenda, 12 consider, discuss and take appropriate action on a 13 preliminary plat for Harper Estates, Precinct 4. 14 Mr. Hastings. 15 MR. HASTINGS: Thank you, Judge. Owners and 16 developers, J & DMC Management LLC previously submitted 17 a concept plan for a proposed 23 lot, 122 acres 18 subdivision off of KC 476 in Precinct 4 under the name 19 Oak Hill Ranch Subdivision. It was approved by the 20 Court with the following concerns, the name Oak Hill is 21 already in use by other filed subdivisions; therefore, 22 they changed the name to Harper Estates. And the other 23 concern was the Court expressed the preference that 24 corner lot fronting KC 476 limit access to the new road 25 rather than KC 476; however, because of the subdivision 15 1 phasing that they're proposing, this preference may not 2 be attainable by the developer. The preliminary plat 3 submitted before you is in general conformance with the 4 concept plan, and development would be phased. The 5 first phase comprised of approximately 65 acres. It's 6 divided into 12 lots, and 20 feet of right-of-way 7 dedicated adjacent to KC 476. Currently there's an 8 existing approximately 30 feet of prescriptive 9 right-of-way on KC 476. The balance of the subdivision, 10 it's approximately 57 acres is being reserved for future 11 subdividing with provisions for 60 feet of access at two 12 locations on KC 476, and one on the proposed Jenna Lane. 13 All proposed lots will be served with private wells, 14 OSSF. And they're going to meet the minimum 15 requirements for acreage, greater than five acres, and 16 road frontage, greater than or equal to a 150 feet, or 17 60 feet on a cul-de-sac. The County Engineer requests 18 that the Court approve the preliminary plat for Harper 19 Estates, Precinct 4. 20 COMMISSIONER REEVES: Mr. Hastings, you 21 have stated that they may not be obtainable for the 22 access on the corner lots. Could you go into that a 23 little bit more, please. 24 MR. HASTINGS: Yes, Sir. There's a couple 25 of lots that front on both KC 476 and on the strip that 16 1 they're not going to plat that are 60 feet wide that are 2 proposed as a road in the future. And so it's -- if the 3 road's not there, they would have to access off of KC 4 476 until the road got built. 5 COMMISSIONER REEVES: Until the road got 6 built, all right. 7 COMMISSIONER LETZ: Charlie, to keep it from 8 being confused, shouldn't we put Phase I, II, III, IV 9 in each of these blocks? It looks like there's, you 10 know, right now you say there's four lot 1's, and 11 there's -- 12 MR. HASTINGS: They do have it labeled as 13 lot 1, 2, and 3. 14 COMMISSIONER LETZ: Oh, I see that in small 15 print, okay. 16 MR. HASTINGS: It's a little bit smaller 17 print, but it does cover over a couple lots. 18 COMMISSIONER LETZ: Okay. 19 COMMISSIONER REEVES: Based on the advice of 20 the engineer, I move for approval of the preliminary 21 plat. 22 COMMISSIONER LETZ: Second. 23 JUDGE POLLARD: It's been moved by 24 Commissioner Reeves, seconded by Commissioner Letz that 25 we approve the preliminary plat for Harper Estates in 17 1 Precinct 4. Is there any further discussion? 2 COMMISSIONER BALDWIN: I have a question. 3 It says 20 feet right-of-way is dedicated -- 4 MR. HASTINGS: Yes, Sir. 5 COMMISSIONER BALDWIN: -- to the highway 6 there, and there's already 30 feet by prescription. 7 MR. HASTINGS: Yes, Sir. 8 COMMISSIONER BALDWIN: That is a total of 50 9 feet? 10 MR. HASTINGS: Yes, Sir. 11 COMMISSIONER BALDWIN: Thank you. That's a 12 good move. 13 JUDGE POLLARD: Any further questions or 14 comments? There being none, those in favor of the 15 motion signify by raising your right hand. It's four 16 zero, unanimous. Thank you. 17 Item 1.3 consider, discuss and take 18 appropriate action to receive the RFP's and RFQ's for 19 administrative and engineering services for the 2017 and 20 '18 Community Development Block Grant to include 21 Community Development and Colonia Economically 22 Distressed Areas Program for the East Kerr County/Center 23 Point Wastewater Project, and authorize a selection 24 review committee to select and rate competing 25 respondents. This involves both precincts 2 and 3. 18 1 Mr. Hastings. 2 MR. HASTINGS: Thank you. We're asking that 3 we open those RFP's and RFQ's, and also that the Court 4 would authorize a review committee consisting of 5 Commissioner Moser, Commissioner Letz, County Auditor, 6 and the County Engineer, to review those and bring them 7 back to the Court on December 27th with a 8 recommendation. 9 COMMISSIONER LETZ: The first one that we 10 received is for the 2017-'18 Texas CDBG Program from 11 GrantWorks, and then we received a second one for the 12 Colonia Economically Distressed Area Program. 13 I'm not sure if it's GrantWorks as well. 14 Yes, it's from GrantWorks as well. 15 JUDGE POLLARD: That's all two of them. 16 COMMISSIONER LETZ: That package. 17 COMMISSIONER REEVES: Flood Warning System 18 supposed to be in there? 19 COMMISSIONER LETZ: We also received one for 20 2016 Flood Warning System -- 21 COMMISSIONER MOSER: That's for later. 22 That's 1.14. 23 COMMISSIONER LETZ: Received one from Tetra 24 Tech, it was for the 2017-'18 Texas Community 25 Development Fund, and these are all the same. Those all 19 1 from Tetra Tech. And also received from Tetra Tech a 2 Colonia Economically Distressed Area Program. 3 JUDGE POLLARD: Is that all of them? 4 COMMISSIONER REEVES: Yes, that's all of 5 them. 6 JUDGE POLLARD: Two of them from GrantWorks 7 and two of them from Tetra Tech. 8 COMMISSIONER LETZ: I make a motion that we 9 accept the bids, or rather the RFP's, RFQ's, and appoint 10 myself, Mr. Moser, Charlie Hastings, and Brenda and 11 Heather on the committee to review. 12 COMMISSIONER MOSER: Second. 13 JUDGE POLLARD: Been moved by Commissioner 14 Letz, seconded by Commissioner Moser, that a committee 15 consisting of Commissioners Letz, Moser, Charlie 16 Hastings, the County Engineer, our County Auditor, and 17 the County Attorney, be appointed to review those, and 18 come back to the Court with recommendations at a later 19 time. Is there any further discussion? 20 COMMISSIONER BALDWIN: Got a question. The 21 RFP's, you know, basically bids, and there will be -- 22 does the law require you to take the low bid? 23 COMMISSIONER LETZ: Generally not. But I 24 would defer to the County Attorney on that. 25 COMMISSIONER BALDWIN: Because it's RFP? 20 1 COMMISSIONER LETZ: I think with RFQ's, you 2 know, obviously it's one of the qualifications, and is 3 not a dollar figure. RFP's generally do. But I think 4 my understanding is we can look at other considerations 5 when it comes to that selection. 6 MRS. STEBBINS: Yes, you can look at other 7 qualifications, that's correct. 8 JUDGE POLLARD: Do you wish to expand on 9 that? 10 MRS. STEBBINS: No, I don't wish to expand, 11 that's correct. We can look at other qualifications 12 beyond the lowest bid. 13 JUDGE POLLARD: Okay. Any further comments 14 or questions? 15 COMMISSIONER MOSER: And that's to come back 16 to the Court on the 27th of December -- 17 MR. HASTINGS: Yes, Sir. 18 COMMISSIONER MOSER: -- for findings. 19 JUDGE POLLARD: Any further? There being 20 none, those in favor of the motion signify by raising 21 your right hands. It's four zero, unanimous. 22 Item 1.4 consider, discuss and take 23 appropriate action to accept maintenance of Crystal 24 Drive West out of Cutoff Business Park Phase Two 25 Subdivision, which is of record in volume 8, page 31, 21 1 located in Precinct 4. Mr. Hastings. 2 MR. HASTINGS: Thank you. I've gone through 3 our records and looked at this, some history on this 4 subdivision. In 2007 Kerrville and Kerr County were 5 operating under an interlocal agreement, whereby 6 Kerrville would be the platting authority for 7 subdivisions within their ETJ. And based on this 8 agreement this Cutoff Business Park Phase Two went 9 through Kerrville's platting and development process. 10 The plat is in volume 8, page 31. It's filed, is in the 11 Kerr County records dated August, 2007, there's a copy 12 in that packet I have for you, and right-of-way for 13 Crystal Drive is dedicated to the public as part of the 14 plat. 15 Road and drainage construction plans titled 16 Goat Creek Cutoff Business Park Number 2 were prepared 17 for the development and were reviewed and approved by 18 Kerrville in August of 2007. In 2008 Kerr County 19 terminated the Interlocal Agreement that they had with 20 the City. Kerrville issued a final letter of acceptance 21 for compliance with the City standards concerning the 22 construction of the public improvements in 2010. And 23 the road constructed as part of the development, Crystal 24 Drive, has never been accepted for maintenance by Kerr 25 County Commissioners' Court, and the County Attorney and 22 1 I have visited on this. And there's a recommendation 2 from the County Attorney to in light of the agreement 3 that was in place in 2007 that the intent would have 4 been that once the road was constructed and it met the 5 standards and had been accepted, that it should be 6 brought back to the Court for maintenance. 7 JUDGE POLLARD: It was constructed and it 8 was according to standards? 9 MR. HASTINGS: Yes, Sir. 10 JUDGE POLLARD: Just an oversight? 11 MR. HASTINGS: This is an oversight. County 12 engineer requests the Court consider, discuss and take 13 appropriate action to accept maintenance of Crystal 14 Drive West out of the Cutoff Business Park Phase 2 15 Subdivision, volume 8, page 31, Precinct 4. The road is 16 in very good condition right now. This would be a good 17 time to take over maintenance, and keep it in good 18 condition. 19 COMMISSIONER MOSER: It's a hard surface 20 road? 21 COMMISSIONER REEVES: Yes. 22 MR. HASTINGS: Yes. 23 COMMISSIONER REEVES: And this road for the 24 record, Mr. Hastings, was comparable to our 25 requirements; I'm not saying equal, but comparable, they 23 1 have different requirements. 2 MR. HASTINGS: Yes, Sir. 3 COMMISSIONER REEVES: And Kelly, do you have 4 anything to add to this? 5 MS. HOFFER: No, Sir. 6 JUDGE POLLARD: Are you in agreement with 7 what we're talking about? 8 MS. HOFFER: Yes, Sir. 9 COMMISSIONER REEVES: Based on Road and 10 Bridge and the County Engineer's recommendation I move 11 to accept Crystal Drive West as a road that Kerr County 12 will maintain. 13 COMMISSIONER LETZ: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Reeves, seconded by Commissioner Letz to accept the 16 maintenance on Crystal Drive West, as set forth in item 17 1.4 of the agenda. Any further discussion? There being 18 none, those in favor signify by raising your right 19 hands. It's four zero, unanimous. It passes. 20 Item 1.5 consider, discuss and take 21 appropriate action to open, read and award the annual 22 bids for road base, cold mix, aggregate emulsion oil and 23 corrugated metal pipe. Kelly Hoffer. 24 MS. HOFFER: After the bids have been opened 25 and read, we would like to review immediately and return 24 1 on this Court day, December 12th, 2016. And award the 2 annual bids for road base, cold mix, aggregate, emulsion 3 oil, and corrugated metal pipe. All bid prices are to 4 begin January first, 2017, and be in effect until 5 December 31st, 2017. At this time we ask the Court to 6 open and read all material bids. 7 COMMISSIONER BALDWIN: Kelly, did you say 8 then that we're going to open them up, and read them 9 into the record, and then return back to you, and you're 10 going to bring them back today. 11 MS. HOFFER: Yeah, I'm just going to go 12 outside, we've got a score card. Vicki and I are going 13 to figure out and then if you would fit us back into the 14 agenda, we'll award them. 15 COMMISSIONER LETZ: All right. You want me 16 to start reading them? 17 JUDGE POLLARD: Yes. 18 COMMISSIONER LETZ: First one we received 19 was from Martin Marietta, and it appears that they bid 20 on Type A crushed limestone, Grade 1 at $13.25 a ton. 21 Grade 2, $13.15 a ton. That's all they bid on. 22 Bid from Allen Keller, they bid on Type A 23 crushed limestone FOB supplier's plant, 775 a ton. 24 Grade 1 FOB Kerr County Type A, grade 1, 1475 a ton. 25 I'm going to go back to Martin Marietta's, I 25 1 skipped one of the things. They bid on the numbers I 2 read before, FOB Kerr County, FOB supplier's plant on 3 Grade 1 type A crushed limestone is 1425, and grade 2 is 4 14 dollars a ton. 5 MS. HOFFER: I think on that Martin Marietta 6 one, you have to drive to San Antonio to get it. So 7 really that price is not as low as it seems. 8 COMMISSIONER LETZ: Okay. Next one we 9 received it's from Wright Asphalt Products. 10 JUDGE POLLARD: W-R-I-G-H-T? 11 COMMISSIONER LETZ: Yes. They bid on CRS 12 emulsion oil, type CRS 2 at $1.41.74 per gallon, for 13 Kerr County. They have an additional bid of CRS-2TR, 14 17174 -- or about one dollar 71 cents, 74 per gallon, 15 FOB Kerr County. I believe that's all they bid on. 16 Ergon Asphalt & Emulsions, CRS 2 at one 17 dollar 63.96 per gallon. ADP two dollars and 0396 per 18 gallon. TFS-1H, one dollar point 6396 per gallon. MS-2 19 one dollar point 9896 per gallon. 20 JUDGE POLLARD: FOB where? 21 COMMISSIONER LETZ: Those were all FOB Kerr 22 County. 23 From Wheatcraft, Inc., FOB supplier's plant 24 Grade 1, Type A crushed limestone, $8.75 per ton, and a 25 separate quote it looks like for three quarter inch 26 1 down -- or inch and a half and one and three quarter 2 down at ten 75 per ton. Then FOB Kerr County, Type A 3 three quarter down, 1792 a ton, inch and a half to three 4 quarter down, 1592 per ton. And that's all they appear 5 to bid on. 6 This is from Wilson Culverts bid on 7 corrugated metal pipe, these are FOB Kerr County. 15 8 inch arch, $10.33 per linear foot. 18 inch arch, $12.16 9 per linear foot. 24 inch arch, 1585 per linear foot. 10 30 inch arch, $19.60 per linear foot. 15 inch coupling 11 bands, $13.99 each. 18 inch arch, $16.74 each. 24 inch 12 arch, $22.27 each, and 30 inch arch, $27.90 each. 13 This is from P2 Emulsions, they bid CRS-2 14 emulsion oil, there's no bid there. The only one they 15 bid on is a statement says see alternative products 16 spread sheet price sheet. And then they bid for ROC, 17 $2.82 per gallon. And he attached a price sheet. 18 That's it. 19 JUDGE POLLARD: That's a lot of bids. Okay. 20 COMMISSIONER REEVES: Got one more. 21 COMMISSIONER LETZ: One from Vulcan 22 Materials, for trap rock grade 3, $39.13 a ton. Trap 23 rock grade 4, $41.13 a ton, trap rock grade 5, $40.13 a 24 ton. Those are all FOB Kerr County. The black base 25 type double a, 5690 a ton. Cold making type CC, 5790 a 27 1 ton. And that's all they bid on. 2 JUDGE POLLARD: All the bids? 3 COMMISSIONER LETZ: Yes. 4 JUDGE POLLARD: All right. We'll defer any 5 action on this item then until you study those outside, 6 and we'll come back whenever you're ready. 7 MS. HOFFER: Thank you, Sir. 8 COMMISSIONER REEVES: Judge, could we go 9 back to item 1.3, and with the bids for the various 10 materials for Road & Bridge was one more engineering bid 11 included in that, which I determined when I opened that. 12 JUDGE POLLARD: Okay. 13 COMMISSIONER LETZ: I believe this one goes 14 with the other -- with the flood -- 15 COMMISSIONER REEVES: All right. 16 COMMISSIONER LETZ: -- based on the title. 17 They're mitigation funds so -- 18 COMMISSIONER REEVES: Yeah, it's labeled. 19 JUDGE POLLARD: All right. Then we're going 20 back to item 1.6 consider, discuss and take appropriate 21 action to authorize the County Surveyor to obtain 22 elevations along Third Creek for floodplain management 23 purposes. Mr. Hastings. And Mr. Wolff, you'll get a 24 chance as soon as they talk. 25 MR. HASTINGS: Thank you. Pursuant to the 28 1 direction given by the Court at its November 28, 2016 2 meeting, the County Engineer and County Surveyor have 3 determined two possible scopes of surveying work that's 4 attached, regarding floodplain issues along Third Creek 5 and County facilities. The purpose for gathering actual 6 on-the-ground elevation is to determine the accuracy of 7 Kerrville's proposed conditional letter of map revision, 8 CLOMR, they plan to submit to the Federal Emergency 9 Management Agency, FEMA, which utilize light detection 10 and ranging, which is LIDAR. There's a definition 11 attached if you want to read that. Topography data for 12 floodplain modeling. Their proposed map revisions, 13 they're attached in your packet that's figure 11 14 prepared by Freese and Nichols Incorporated, would 15 result in several County facilities being included in 16 the FEMA zone AE special flood hazard area impacting 17 flood insurance associated with those facilities. 18 I did talk with the County -- I'm sorry with 19 the City engineer this morning, Kyle Burow and he knew 20 this item was on here, and he wanted me to let you all 21 know that the City plans on when they submit their 22 conditional letter of map revision, that they would stop 23 at Spur 100 instead of continuing on down through the 24 river with their proposed map revision; however, I still 25 am going to recommend that we move forward with 29 1 gathering survey date. 2 There's two surveying scope options in 3 there. Number 1 is to stake and obtain elevations along 4 Freese and Nichols, Incorporated, FNI, cross sections 5 1796 and 2117. That's 2000 dollars, those two cross 6 sections, 1796 and 2117 are 1796 feet upstream from the 7 confluence of the Guadalupe River on Third Creek, and 8 2117 feet, that's what those cross sections stand for. 9 The second option is to stake and obtain 10 elevations along FNI cross sections 1796, 2117, and an 11 additional one at 2538. That would be 29 hundred 12 dollars to do that work. 13 Per land surveying requirements from Voelkel 14 Surveying, I have requested additional data from 15 Kerrville City Engineer, and their floodplain 16 administrator, the same person I mentioned before Kyle 17 Burow. In order to be sure the locations are being 18 surveyed on the ground match exactly the cross sections 19 that Freese and Nichols' CLOMR study in figure 11 is 20 using, and at that point, I would recommend that the 21 Court consider, discuss and take appropriate action to 22 authorize the County Surveyor to stake and obtain 23 elevations along Freese and Nichols Incorporated cross 24 sections 1796, 2117, and 2538 for 29 hundred dollars. 25 This is Precinct 2. 30 1 COMMISSIONER MOSER: Move for approval. 2 COMMISSIONER LETZ: Second. Question and 3 comment. 4 JUDGE POLLARD: Been moved by Commissioner 5 Moser, seconded by Commissioner Letz to stake and obtain 6 elevations for the cross sections 1796, 2117 and 2538, 7 for a total cost of 29 hundred dollars. Is there any 8 further discussion or comment? 9 COMMISSIONER LETZ: Yes. The proposal, I 10 believe, Charlie also includes some other -- they call 11 them random locations to be -- just kind of verify some 12 of their contours on their map, is that correct? 13 MR. HASTINGS: Yes. With our meetings we 14 had with them yes, Sir. 15 JUDGE POLLARD: That would be included in 16 this price? 17 MR. VOELKEL: I put that in the proposal, 18 spot elevation around the AG barn. 19 MR. HASTINGS: Spot elevation. 20 JUDGE POLLARD: The answer is yes? 21 MR. HASTINGS: Yes. 22 JUDGE POLLARD: Thank you. 23 COMMISSIONER LETZ: I forgot my other one. 24 COMMISSIONER BALDWIN: So it's not the 25 $2,000 one; it's the $2,900 one. 31 1 MR. HASTINGS: Yes, Sir. 2 COMMISSIONER BALDWIN: But not 2000? 3 MR. HASTINGS: Yes, Sir. 4 COMMISSIONER BALDWIN: Where does that 5 $2,900 come from? 6 COMMISSIONER LETZ: I would say unless Road 7 & Bridge has it in one of their accounts, it would come 8 out of professional services. 9 MRS. DOSS: There's also an engineering 10 services, in the County Engineer Department. 11 COMMISSIONER LETZ: You have engineer 12 services. 13 MR. HASTINGS: I can pull it from there, 14 that's surveying. 15 COMMISSIONER BALDWIN: That's what I'd 16 recommend. 17 JUDGE POLLARD: Is there adequate funds in 18 there? 19 MRS. DOSS: Yes, Sir. 20 COMMISSIONER LETZ: Okay. I think I would 21 be interested to see. That's something we do need to 22 do. 23 JUDGE POLLRD: All right. Mr. Wolff, would 24 you like to speak at this time? 25 MR. WOLFF: Sitting here thinking about how 32 1 I'm going to start this. I'm here because I'm confused 2 and concerned. Concerned primarily from listening to 3 the last meeting I was here, I believe two meetings ago. 4 Finding out that this floodplain description that was 5 presented to the County possibly four to six weeks ago 6 to Commissioner Letz and Commissioner Moser, if that is 7 correct that the County has a flood hazard risk or 8 liability of approaching 20 million dollars. Between 12 9 million dollars not being covered any longer in the AG 10 barn, and then I don't know how much money would be over 11 there, but 8 to 12 million dollars at the county road 12 and bridge department. And that's of course quite a 13 liability that I'm sure that I know y'all are very much 14 aware of, and as County taxpayers, that's a tremendous 15 sum of money. And so where does this data come from? 16 Why all of a sudden do we have a new map? And that is 17 very confusing. 18 The map I just presented to you is from the 19 Freese and Nichols feasibility water re study of June 20 the 2014th that was commissioned by the City of 21 Kerrville to start the study about whether or not to 22 build this pond. If you will note looking at this map 23 of this floodplain, it is the same floodplain that was 24 shown to you six weeks ago. And this floodplain 25 description is also labeled pre project, in other words, 33 1 before the pond is built. So since 2014, the City and 2 Freese and Nichols have stated this is a true 3 representation of the floodplain. This is in 4 contradiction to the FEMA March 2011 floodplain map for 5 this area, which shows the County property is not in the 6 floodplain. 7 By talking to several people who are 8 involved with the soccer fields, and the R. C. Fine 9 Field, which is up in this north end of the property, I 10 think y'all know where that is, that property has never 11 flooded either in over 21, 22 years that these 12 organizations have leased this property from the City, 13 which goes through the 2002, 100 plus flood plain event, 14 and also this last labor day weekend, which I think we 15 all be fresh in our mind because we know the damage that 16 was done to the Veteran's National Cemetery. 17 I say this is a point of confusion. How can 18 we go back to 2014, the City has said nothing to the 19 County for two and a half years about this change in 20 floodplain. And it does not coincide or agree with what 21 the FEMA description is. In talking to several 22 consulting civil engineers, who are very knowledgeable 23 about floodplain work to go in and make a change like 24 this in 2014, a document, a CLOMR or a letter of map 25 revision, or something other device called map 34 1 modification, should have been filed with FEMA, and also 2 should have been a at least a one month -- or I know 3 there's at least one month, and if not I think followed 4 by a six-month period of time where the people who are 5 affected by this floodplain modification have an 6 opportunity to step forward, and speak there objections 7 to FEMA. 8 The LIDAR data, I know a little bit also. 9 There's been a little bit of confusion. I have a letter 10 here dated August the 5th, 2010 from FEMA to the Mayor 11 of Kerrville. Now it's two pages long. I'm not going 12 to read it. And the problem was that the City of 13 Kerrville at that time was wanting to revise the 14 floodplain map. And there was some trading back and 15 forth and communication between FEMA about doing this. 16 And I'll quote two sentences here. 17 The City of Kerrville, parenthesis Bobby 18 Gore, Sr. engineering technician provided 2009, two foot 19 contours on April the 4th, 2010. FEMA used the updated 20 topography to regenerate the flood hazard information 21 within the City limits of Kerrville. These new 22 floodplain boundaries were used to update the final 23 digital flood map of Kerr County, for Kerr County. So 24 this question about LIDAR data, I think is put to rest 25 here, that the LIDAR data was purchased in March of 2009 35 1 at the recommendation, as I understand it, Mr. Hastings, 2 who at the time was director of public works at the City 3 of Kerrville. And that data was used to update the FEMA 4 map, which was published or is effective March the 3rd, 5 2011. 6 I know this issue is very complicated and 7 involved, but I think we're to the point, at least from 8 the taxpayers' viewpoint and protection of our 9 investment, that even after this survey work is done, I 10 don't think it would be a bad idea for Commissioners' 11 Court to authorize a study by an outside floodplain 12 expert to come in and look at this whole issue and see 13 exactly where this floodplain truly belongs. 14 One last note, I think it's very difficult 15 for any of us to go out there and imagine an impoundment 16 that's the size of River Hills Mall with the parking 17 lot, that's 20 acres, that's going to be the footprint 18 of this impoundment, is somehow and exactly at the point 19 where Third Creek and Second Creek come together, which 20 is a known flood location, how that cannot affect the 21 floodplain. I thank you for your time. 22 COMMISSIONER MOSER: Okay. Comment on that, 23 if I may. I thank you for what you've done, I think 24 that that's all, you know, something that this Court 25 really pays attention to, and it's, you know, what's 36 1 happening to our property with these changes. I think 2 there's two things, Number one there's the floodplain 3 that is defined by the best data that can exist. I mean 4 whatever the topographical contours out there are, they 5 are. Okay, so what we've done today is we've said in 6 particular areas we want a better definition of that, of 7 those elevations, to see what is there and how it's 8 going to affect our facilities. Freese and Nichols has 9 with the LIDAR, and I guess it goes all the way back to 10 2009 and perhaps some other survey work that they've 11 done, with their quote professional engineers, have said 12 this is what they view the floodplain -- those 13 topographical information to be presented. So they put 14 their stamp on that the best knowledge that they have. 15 I think what we're doing, I don't think 16 anybody disagrees, that we need to understand where the 17 floodplain is for insurance purposes, and to let FEMA 18 reflect it, based on that data. So I think -- I don't 19 know -- I don't know you're recommending that we hire a 20 separate engineering firm to look at this data, I'm not 21 sure why we would do that. I mean we've got the County 22 Engineer surveyor doing that who's got a number of 23 professional engineers that the City has hired to do 24 that. I don't think anybody is trying to hide anything. 25 I don't believe that they would do that, I don't know 37 1 what their purpose would be in doing that, so I don't -- 2 if you're making a recommendation today, let's go hire 3 another contracting firm, engineering firm to look at 4 this other two pieces of engineering data, I don't know 5 that that's necessary. 6 COMMISSIONER BALDWIN: I have the exact same 7 question. Only reduced mine by ten thousand words. But 8 the same question, you don't think that the surveying 9 program that we're going to do is going to be the proper 10 information, why do you think that? 11 MR. WOLFF: I'm not sure the problem is with 12 the elevation data. By the way, I have had two meetings 13 with Kyle Burow, the City Engineer and also the 14 designated floodplain manager on this subject about this 15 very map. Why doesn't it agree with the FEMA map, and 16 in fact last meeting was Friday afternoon, and he 17 doesn't -- cannot tell me where this data came from that 18 made up this map. But to me, the LIDAR data is probably 19 the map that the FEMA used to come up with their 20 floodplain. I think it's a matter of interpretation. 21 This floodplain maps are generated by computer models, 22 simulation models, I've had a little bit of experience 23 with that. It is also something like the field of 24 statistics, LIDAR's figures and the figures lie. 25 There's -- I'm not trying to accuse anyone of doing 38 1 anything, but you can work models to show what you want 2 to show. 3 But the biggest concern -- I mean look at 4 this concern though. This is pre project data of 2014. 5 How can it deviate from the FEMA map, the floodplain 6 map, and yet a document which I've been told by 7 consulting engineers, you have to go file a document 8 with FEMA to say, I want to change the floodplain. 9 COMMISSIONER MOSER: Well -- 10 MR. WOLFF: This has nothing -- 11 COMMISSIONER MOSER: Is your primary concern 12 just to understand is it because the new impoundment, 13 and how the Freese and Nichols says it's not affecting 14 the floodplain, is that your primary concern? 15 MR. WOLFF: I'm not sure I understand your 16 question. 17 COMMISSIONER MOSER: Well, you can -- you 18 can update the floodplain information using LIDAR data 19 or whatever. 20 MR. WOLFF: That's correct. 21 COMMISSIONER MOSER: Okay. Now then, we can 22 do that today. 23 MR. WOLFF: Right. 24 COMMISSIONER MOSER: And the question is, is 25 if we inject or impose install the impoundment, the 39 1 pond, okay, is that going to change the floodplain? 2 Freese and Nichols says no it doesn't change the 3 floodplain, is that your primary concern is that this 4 new impoundment is not affecting the floodplain? 5 MR. WOLFF: Well, yes that's a concern. But 6 it goes back to these maps. I mean we have empirical 7 data, that's objection of people over 20 something years 8 that said the soccer fields do not flood, the R.C. 9 fields do not flood, the County when it built the AG 10 barn, for God sake, I think somebody would have spoken 11 up and said you can't build that thing, that's right 12 there in the floodplain. All have a sudden overnight, 13 it's in a floodplain. Biggest question to ask what 14 happened in 2002 to the AG barn? 15 COMMISSIONER LETZ: I think -- 16 MR. WOLFF: Something's wrong if you put it 17 into the floodplain. And you can go to FEMA with 18 empirical data and say, this area does not flood. 19 COMMISSIONER LETZ: I think what I'm hearing 20 you saying is really that you are supporting what we're 21 doing, it's the direction, you may -- 22 MR. WOLFF: That's correct. 23 COMMISSIONER LETZ: -- want us to hire 24 somebody. I think that's premature. I think we -- the 25 first step is to get the survey data done, and the 40 1 reason I brought it originally to the court is when I 2 look at those maps, and I know a lot about that 3 topography out there, I think that there's some 4 variances that don't show on that map. 5 Plus one thing, the AG barn was added onto 6 before that data was done. And we changed the parking 7 lot. We've changed a lot of drainage out there. And so 8 the grade, the differences are very slight, but that 9 makes a big difference on the floodplain. So that's 10 what I to want find out is make sure we're looking at 11 first an accurate map. The other part of the -- you 12 know, I think -- and that's step one, you know, once we 13 do that. I had a lot of the same questions you do, and 14 I -- you know, it has been frustrating that the City has 15 not been more forthcoming for the last four, five years 16 it appears now, giving this information to the County 17 because they were communicating with FEMA for a number 18 of years that we were unaware of really, and we had no 19 reason to be aware. I mean it's -- and as soon as they 20 became aware that there was a major change to the 21 floodplain on County property, as a good neighbor they 22 should have talked to us. Whether they legally had to 23 or not, I don't know. But as a neighbor I certainly 24 would have hoped that they would have, and they didn't. 25 And then when they did start talking to us they told us 41 1 a lot of things where were not correct and not true. So 2 that's been -- it's been very frustrating to me, and why 3 the County got in the middle of this thing. 4 But first step to me is let's first look at 5 the cross sections and see if the actual topography as 6 it is drawn base on the LIDAR data is actually accurate. 7 And get to a little bit more detail than the two foot 8 intervals that he used. 9 MR. WOLFF: And I agree. I meant -- I 10 should have been -- I didn't say it quite right. To me 11 my first step is to do the survey. Then if that doesn't 12 satisfy our curiosity or our questions, then the next 13 step is to go to a hiring a consultant -- outside 14 consulting engineer. 15 JUDGE POLLARD: I agree with Commissioner 16 Letz. I think we need to get the statistics, get the 17 facts and figures first, and then assuming if there are 18 a lot of difference in there, then we'll have to address 19 the next issue that you've suggested and that maybe is a 20 professional. I don't know. But we don't know if we're 21 going to get there or not. 22 COMMISSIONER MOSER: The survey data that 23 we're going to get is independent of the pond. 24 MR. WOLFF: Yes, Sir, I understand that. 25 COMMISSIONER MOSER: It is what it is right 42 1 now. And so if these facilities are in the floodplain, 2 then so be it. If they're not, which we hope they're 3 not, some information says it's not, but this is all 4 independent of the -- of the pond. It's just better 5 data. 6 MR. WOLFF: Well, I understand that. And I 7 think one thing that's distorted about this map, is this 8 business of a study limit, because according to this 9 latest -- or this map actually, and then the map that 10 was presented in six to eight weeks ago to the County if 11 you continue those contours from a surveying friend of 12 mine, that would actually also flood the lower end of 13 the VA property. 14 Now, and I really gotten concerned about 15 this initially because the flood danger, actually the 16 erosion damage that could possibly be done to the 17 national cemetery. And that is never, you know, been 18 fully discussed by the City. They then conveniently 19 draw the study limits around the cemetery basically to 20 the center limits of it. And have not really discussed 21 that fully. 22 COMMISSIONER MOSER: Thank you. 23 MR. WOLFF: Thank you. 24 COMMISSIONER BALDWIN: Let me say something 25 to you right quick. I think that Kerr County's a great 43 1 County, and it's because of professionals like you that 2 have our government body keep an eye on things. Thank 3 you very much. 4 MR. WOLFF: Thank y'all. 5 COMMISSIONER BALDWIN: Don't go away. 6 MR. WOLFF: Thank y'all for your service, 7 and thank you, Commissioner Baldwin, for your years. 8 COMMISSIONER BALDWIN: Thank you very much. 9 I'll take cash. 10 MR. WOLFF: See how many coins I have got. 11 MRS. STEBBINS: He won't do that. 12 JUDGE POLLARD: Sorry, that's in the record. 13 COMMISSIONER BALDWIN: The County attorney's 14 not getting any of it. 15 MRS. STEBBINS: I have no control. 16 COMMISSIONER BALDWIN: That's right. 17 MRS. STEBBINS: That's right. 18 JUDGE POLLARD: Any further discussion? If 19 not -- 20 COMMISSIONER REEVES: Do we have a motion? 21 COMMISSIONER LETZ: There was a motion. 22 JUDGE POLLARD: Yeah, there is a motion. 23 COMMISSIONER MOSER: Yeah, and a second. 24 JUDGE POLLARD: All right. Those in favor 25 of the motion signify by raising your right hands. It 44 1 is four zero, unanimous. Thank you. Thank you, 2 Mr. Wolff. 3 I too have concerns about the effect of the 4 pond on the possibility of flooding of our land, too. I 5 do. All right. 6 COMMISSIONER REEVES: Judge, we have a ten 7 o'clock timed item to open bids. 8 JUDGE POLLARD: Okay. Let's skip over to 9 item 1.12 and open bids for Center Point River Road 10 property, and refer to appropriate personnel for review 11 and recommendations. 12 COMMISSIONER REEVES: I believe the County 13 Attorney has requested that because it's real property 14 issue, we need to discuss something in executive session 15 prior to opening bids? 16 MRS. STEBBINS: I do, yes. Yes, please. 17 COMMISSIONER LETZ: Can we defer until 18 later? 19 JUDGE POLLARD: Do you want us to go into 20 executive session now, or can we do it later? 21 MRS. STEBBINS: If you're going to open the 22 bids now, I prefer that we go into executive session 23 first. 24 COMMISSIONER MOSER: Can we open them later? 25 MRS. STEBBINS: We can open them later. 45 1 COMMISSIONER MOSER: Let's open them later. 2 JUDGE POLLARD: I don't know. They're a 3 timed bid. That's a timed bid. And I think -- 4 MRS. STEBBINS: I can be quick if we'd like 5 to go into executive session briefly. 6 JUDGE POLLARD: All right. We're going to 7 go into executive session. 8 COMMISSIONER MOSER: Have a little break. 9 JUDGE POLLARD: Well, let's do that. Let's 10 take a ten-minute break. Going to resume at ten after 11 ten. 12 (Break.) 13 (Executive Session.) 14 JUDGE POLLARD: All right, going back into 15 open session. All right, we're now opening the bids for 16 item 1.12. 17 COMMISSIONER REEVES: We have a bid, this is 18 for the property in Center Point Texas, we have a bid 19 from MPB, Inc., Mr. Michael Butler, purchase price of 20 $25,015.00, $25,015.00. We have a second bid from Louis 21 Alfred Wood the second, San Antonio, Texas, in the 22 amount of $46,201.00, $46,201.00. 23 I would suggest that as a policy on these, 24 that County Attorney, County Auditor, the Commissioner 25 from the precinct where the property's located, and 46 1 myself, review the bids and report back to the Court 2 with a recommendation. 3 COMMISSIONER MOSER: Second that. 4 JUDGE POLLARD: Okay, that's fine. When? 5 COMMISSIONER REEVES: I'd like -- 6 JUDGE POLLARD: Can you do that today? 7 COMMISSIONER REEVES: I would like to do it 8 today, simply because both bids have submitted cashiers 9 checks with it, and if we can have an answer, we can 10 return one of them if we deny it at least. 11 COMMISSIONER MOSER: Yeah, I think after we 12 finish all the other stuff, probably 15 minutes. 13 COMMISSIONER REEVES: We can look at it. 14 COMMISSIONER MOSER: Right. 15 JUDGE POLLARD: Okay. With that then we're 16 going to appoint the committee of Mr. Reeves, the County 17 Auditor, and who else you say? 18 COMMISSIONER MOSER: Me. 19 COMMISSIONER REEVES: Mr. Moser. 20 JUDGE POLLARD: Mr. Moser. 21 COMMISSIONER REEVES: And the County 22 Attorney. 23 JUDGE POLLARD: And the County Attorney to 24 review the bids and make a decision in a few minutes. 25 Okay, so we'll pass on back to where we were 47 1 on the agenda, which I believe was item 1.7 consider, 2 discuss and take appropriate action to approve 3 Resolution supporting efforts to preserve night skies. 4 Is Mr. Jim Wills here? 5 MR. WILLS: Yes, Sir. 6 JUDGE POLLARD: Please take the podium, Sir. 7 MR. WILLS: Thank you very much, Judge. 8 Thank you, Judge Pollard and Commissioners for putting 9 this, what we think is a very important issue, on the 10 agenda. I was here a few weeks ago. Just by way of 11 summary of what happened at that time, the issues of 12 night skies have been something that we Texans have been 13 very proud of a very long time. One of the most famous 14 of phrases. The skies -- at night -- the stars at night 15 are big and bright deep in the heart of Texas. And 16 they've all been -- 17 JUDGE POLLARD: Seems like I've heard that 18 somewhere. 19 MR. WILLS: Sir? 20 JUDGE POLLARD: Seems like I've heard that 21 somewhere. 22 MR. WILLS: Yes, exactly. There have been 23 festivals celebrating that. This one is the Texas night 24 sky festival that says keep Texas stars big and bright. 25 It turns out that there may be a bit of a problem with 48 1 those bright skies, and the culprit is pollution, light 2 pollution. Light pollution comes from a number of 3 different sources, I'll get into that in just a moment. 4 But there's kind of a wave of light pollution moving 5 more and more towards us from our big cousins over east 6 of here, Austin and San Antonio, Dallas, Houston. If 7 you look at of a photograph taken from satellites of 8 Texas at night, you'll see that those big cities of 9 course really just light up. What's interesting is, 10 that Kerrville is the only town in the Hill Country that 11 is can be seen on these photographs. It is really lit 12 up. Some of the problems of the causes of this that are 13 things that you might suspect, that would be various 14 businesses here in town. I think I mentioned on my 15 previous talk that one of the reasons that my wife and I 16 got interested in trying to help this -- to deal with 17 this cause, was the light that comes from companies like 18 McDonalds, Wendy's. Out on Highway 27, I live a mile 19 away from those businesses, and yet at night the lights 20 are so strong, that they actually light up anybody 21 that's standing at my house. That's how powerful they 22 are. 23 The other issue is that even though our 24 wonderful KPUB and other lighting companies that are 25 installing some of the new LED lights, those happen to 49 1 be maybe not exactly the right kind. You may remember 2 that I gave you these brochures last time, and I brought 3 some more for you just to remind you. On the back are 4 unacceptable light fixtures, and also acceptable, and 5 I'll give those to you again just to remind you that 6 even though there may be a move to LED's, some of them 7 are a little bit too bright. We have one on our street 8 that's too bright that you can't even hardly walk under 9 it at night. So there's some issues there. 10 There are some actual simple solutions 11 however to this, and a lot of the counties in our Hill 12 Country are already taking advantage of that. I have 13 provided you with a copy of a Resolution for this 14 County, a Resolution is non binding, it's not going to 15 obligate you to really do anything. It's just a 16 wonderful clear statement that our fabulous County is 17 interested in preserving our night skies, and that we 18 are aware that there are certain things that have 19 created this difficulty, and that we as citizens and you 20 will help us do what you can to try to rectify that. 21 So today I guess my primary interest is, 22 have you had a chance to look at the Resolution, or do 23 you have a copy of it I guess is my first question. 24 COMMISSIONER MOSER: Uh-huh. 25 MR. WILLS: And I don't know if you want to 50 1 discuss it now or later. Are there any -- 2 COMMISSIONER BALDWIN: I have a couple 3 questions. 4 MR. WILLS: Yes, Sir. 5 COMMISSIONER BALDWIN: In your Resolution, I 6 did find, until we got down to the last now therefore -- 7 MR. WILLS: Yes. 8 COMMISSIONER BALDWIN: It says be it 9 resolved that Kerr County will encourage outdoor 10 lighting fixtures. What does that mean? I mean how are 11 we going to encourage? 12 MR. WILLS: That's an issue that I guess, I 13 would -- on that, I would say that if we can maybe -- if 14 you agree to sign the Resolution, I'd certainly want to 15 think there'd be some way to publish it maybe in the 16 newspaper, if there's some other avenues that we can do 17 something like that. So that everybody's aware in town 18 of what we're trying to do and what you're supporting. 19 There might be some chances for us to have some meetings 20 with KPUB, and some of the other officials that are 21 actually installing these lights. 22 COMMISSIONER BALDWIN: Yeah, and I haven't 23 gotten to the partners yet. 24 MR. WILLS: Yes, Sir. 25 COMMISSIONER BALDWIN: That's one of the 51 1 other questions. 2 MR. WILLS: Yes. 3 COMMISSIONER BALDWIN: Okay. So when I hear 4 you say those things, the first thing that pops in my 5 mind that we're going to use public money to run ads in 6 the newspaper that we encourage -- 7 MR. WILLS: Well, I'm just hoping maybe a 8 news -- maybe a news person would be interested. 9 COMMISSIONER BALDWIN: You have to take that 10 up with her. She's back there. 11 MR. WILLS: Yes. 12 COMMISSIONER BALDWIN: So that's not 13 necessarily Kerr County promoting one thing or another, 14 hu? 15 MR. WILLS: Well -- 16 COMMISSIONER BALDWIN: I guess it would be 17 if we signed the -- 18 MR. WILLS: It says whereas Kerr County 19 residents recognize that the Hill Country for its 20 diverse ecosystems, ethics or land stewardship and so 21 on. 22 COMMISSIONER BALDWIN: All right. 23 MR. WILLS: I guess if we can through the 24 newspaper, if we can make it known that that's what 25 happened and what we're trying to support, that might at 52 1 least launch an effort for us to do something about 2 this. 3 COMMISSIONER BALDWIN: Be it resolved that 4 Kerr County will encourage outdoor lighting fixtures and 5 practices that follow up to date suggested guidelines. 6 Where are the up to date -- 7 MR. WILLS: Those are on here. 8 COMMISSIONER BALDWIN: Okay, so there's a 9 list of suggestions made by somebody, Hill Country 10 Alliance? 11 MR. WILLS: Hill Country Alliance, yes, Sir. 12 JUDGE POLLARD: Mr. Letz knows those folks 13 quite well, as do I. 14 MR. WILLS: Do you have a problem with that 15 organization, Hill Country Alliance. 16 COMMISSIONER BALDWIN: Mr. Letz has been on 17 their board? 18 COMMISSIONER LETZ: Not on their board. 19 COMMISSIONER BALDWIN: He's been on their 20 board, he just won't admit it. 21 COMMISSIONER LETZ: I agree with 85 percent 22 of their stuff. 23 COMMISSIONER BALDWIN: That's cool. 24 MR. WILLS: Excellent. 25 JUDGE POLLARD: The question is does this 53 1 issue fall into 85 percent? 2 MR. WILLS: Let's hope so. 3 COMMISSIONER BALDWIN: So that's where the 4 suggested guidelines are -- 5 MR. WILLS: Yes. 6 COMMISSIONER BALDWIN: -- is with them? 7 MR. WILLS: And by the way, one of the 8 things that we're going to be doing -- I say by the way 9 this is Katie Wills, my wife, and she is also very 10 involved in this issue. We planned personally of course 11 on going to KPUB and other agencies that are installing 12 these lights and try to have some opportunity to 13 persuade them that they may not be actually using the 14 right LED lights. We're not the only two who have kind 15 of objected to some of the lights that are being 16 installed by them. There are other folks that have had 17 a problem with them. So we would certainly be doing 18 what we can to further the upgrades of some of these 19 correct light fixtures. We're hoping to put together a 20 presentation out at Schreiner. As you may know there's 21 an observatory there, and we have a actual 22 astrophysicist on the staff out there that's going to be 23 doing a presentation with us. So the more 24 opportunities -- we'd like to go to schools and other 25 agencies in the City that are involved, and try to 54 1 enhance tourism, but I guess basically to answer your 2 question, there are certainly no financial obligations 3 to you. We would just hope that ordinary publicity 4 from our fine newspaper would help get something like 5 that started. 6 JUDGE POLLARD: Put an "s" on that, we got 7 fine newspapers. 8 MR. WILLS: Yes. Fine newspapers. Thank 9 you, Sir. 10 COMMISSIONER BALDWIN: It says Kerr County 11 will work with its partners to educate and encourage 12 landowners, businesses, resident communities and public 13 entities to join this commitment to reduce energy 14 consumption. Now, I just don't see this group of men 15 sitting at this table getting in a Suburban going 16 somewhere and educating a group. It says here that Kerr 17 County will work with its partners to educate and 18 encourage. I'm trying to get out of you what you expect 19 this group here to do, is what I'm looking for. 20 MRS. WILLS: Let me. We were tag teaming 21 until my computer went dead and I was running to get the 22 battery pack. But what the other counties are doing, 23 it's just a step to show support, and there is no 24 obligation, there is no regulation. 25 COMMISSIONER BALDWIN: Okay, that's all I 55 1 was looking for. 2 MRS. WILLS: It's -- 3 MR. WILLS: To say where we're -- 4 COMMISSIONER BALDWIN: I can see who runs 5 your ranch. 6 MRS. WILLS: But it is -- 7 COMMISSIONER BALDWIN: Okay, that made it 8 easier for me. 9 MR. WILLS: And are you going to be able to 10 show your slides? 11 MRS. WILLS: I doubt it. 12 MR. WILLS: We can do that out on a 13 future -- we can come back and do that because they are 14 very effective. Just as example the Resolutions have 15 been signed by these counties and towns, Utopia, Uvalde, 16 Blanco, Real, Bandera, Fredericksburg, Dripping Springs, 17 Kimbell County and Burnet County. And I think all 18 they're doing is just trying to make it -- make the 19 public and their County residents aware that this is 20 something that you support. Who knows, that might have 21 a major impact and help us trying to achieve what we're 22 doing. But again, there's no particular financial 23 obligation to you at all. 24 COMMISSIONER MOSER: I think if you could 25 word this so that if we agree with the intent, but not 56 1 make commitments to, I think that that would do it, 2 because I think Commissioner Baldwin found a thing here 3 we will work. I'm not going to sign up to -- I like the 4 idea a whole lot, you know, but -- 5 JUDGE POLLARD: Our plates are pretty full. 6 We work already. 7 MR. WILLS: Yes, I see that by the events 8 that have already happened. How about if I get it 9 modified, it'll be very easy to do. 10 COMMISSIONER MOSER: I would appreciate 11 that. 12 MR. WILLS: And I'll send it to Jody, and 13 she can send it to you. Would that be okay? 14 COMMISSIONER LETZ: Sure. 15 COMMISSIONER MOSER: That would be great. 16 MR. WILLS: To see if we can make it more 17 clear that this is something you support but you're not 18 going to be obligated to run around in your Suburban. 19 MRS. WILLS: Although what a great idea. 20 COMMISSIONER LETZ: We agree with the 21 concept; we can't commit dollars or time. 22 COMMISSIONER REEVES: And I guess it should 23 be pointed out that I agree with the concept as well, 24 counties are very limited what we can control or enforce 25 as far as lighting ordnances, we just do not have that 57 1 power, until something changes in Austin. 2 MR. WILLS: We'll hope that that changes in 3 the future, but for now -- 4 COMMISSIONER REEVES: But right now, I tend 5 to agree with the rest of the Court. While we're behind 6 it, there are certain things, I don't believe we can 7 commit ourselves as a governing body to do. 8 MRS. WILLS: Would y'all point those out. 9 JUDGE POLLARD: We agree, but cannot commit. 10 MRS. WILLS: How would you prefer it be, so 11 that it's -- we don't work -- not that we work with our 12 partners, but we just support, the word support rather 13 than -- 14 COMMISSIONER MOSER: Well, why don't we just 15 make it short. You've heard what we've said. Why don't 16 you redraft it, send it to Jody, and we'll -- 17 MRS. WILLS: Okay. 18 COMMISSIONER LETZ: And if you have any 19 questions, call me, and I can contact -- 20 JUDGE POLLARD: Agreement in principal. 21 COMMISSIONER LETZ: It's words like will and 22 shall have a concern generally. 23 MR. WILLS: Let's see, do I have maybe 24 another minute or two, or have I over stepped my -- 25 Katie has some slides, maybe they will work, maybe we 58 1 can run through about three or four. 2 COMMISSIONER BALDWIN: Yeah, I'd like to see 3 them. Y'all live in my precinct, don't you? 4 MRS. WILLS: Yes. 5 COMMISSIONER BALDWIN: You can show all the 6 slides you want. We can call out and get some lunch 7 delivered. 8 MRS. WILLS: Oh, we do have cookies. 9 COMMISSIONER BALDWIN: But not supper. 10 MRS. WILLS: This is clearly the beautiful 11 night sky. This is -- 12 COMMISSIONER BALDWIN: Somewhere north of 13 Denver. 14 JUDGE POLLARD: Is that at Alpine? 15 MRS. WILLS: It's not moving forward here. 16 (Off the record. Technical difficulty.) 17 COMMISSIONER BALDWIN: That's Walmart, I 18 think. 19 MRS. WILLS: Okay, let's see if it will go 20 now. This is just the light pollution coming across the 21 nation from the 50's and the projected 2025, so -- 22 MR. WILLS: And there's a dark sky. 23 JUDGE POLLARD: It's not moving forward? 24 MRS. WILLS: Well, that must have been the 25 slide we needed to see because it shows that it -- this 59 1 wave of pollution is coming our way. And that counties, 2 cities, communities are working on trying to turn that 3 around, but there's so many, when you Google up what 4 counties across the country are doing, you'll see all of 5 these different things that they are doing. Including 6 they've eventually gotten to do ordinances, but with 7 businesses out in the County, neighbors, shopping 8 centers, the light is coming in from all over. But it 9 is a pretty simple fix with the shielded lighting. And 10 the amber, that was the crucial thing, the amber not the 11 blue white light. There have been communities that have 12 had to retrofit again because the outcry from their 13 communities, their population, like what is this hideous 14 bright white light where we had the ambience in our 15 community of the amber color, and it was in the 16 community. Now we've got this -- it's so stark that 17 some of them are saying it's like being in a prison cell 18 at night. The light is so excruciating, and like huu. 19 And then the outcry made the government -- I mean the 20 entities need to rethink and re buy some of these LED's. 21 MR. WILLS: And on the back of this brochure 22 there's some information about actual temperature, they 23 talk about is the term kelvin, and if you try to keep it 24 under by 27 hundred to three thousand as opposed to 25 higher than that, then you're dealing with really good 60 1 lights. I'll leave some more of these with you if you'd 2 like to go pass those around. 3 COMMISSIONER LETZ: One suggestion to the 4 resolution also. It might be good to reference where -- 5 I mean if someone looks at the Resolution as to where 6 they can find the specifications that y'all recommend. 7 MR. WILLS: Excellent idea. 8 COMMISSIONER LETZ: It is something that 9 would help. If you to want use Hill Country Lights as a 10 source. 11 JUDGE POLLARD: Where do you work, are you 12 employed? 13 MR. WILLS: Yes. I'm a farm and ranch real 14 estate agent locally. And Katie's a teacher at the 15 local college. 16 MRS. WILLS: And the funny thing, I teach 17 Alamo Colleges Kerr. But the funny thing is wait until 18 I tell my students about this, when I teach speech and 19 presentations, and when I tell them about what happened 20 to my computer, the slide show, and -- 21 MR. WILLS: By the way, in light of the 22 season and that we're dealing with the stars, Katie made 23 these for you. 24 MRS. WILLS: That's edible glitter, but 25 watch out. 61 1 COMMISSIONER MOSER: Thank you. 2 JUDGE POLLARD: Thank you very much. 3 COMMISSIONER BALDWIN: Thank you very much, 4 Sir. 5 MRS. STEBBINS: That's the person you really 6 want to give it to. 7 COMMISSIONER BALDWIN: That's true. 8 JUDGE POLLARD: Let's go to item one -- we 9 don't have anybody to report back yet, do we? I guess 10 not. 11 MS. HOFFER: Kelly. 12 JUDGE POLLARD: Yes, you ready? 13 MS. HOFFER: I'm ready. We got the results 14 for material bids. On culvert pipe there was only one 15 vendor that bid and it was Wilson Culverts. 15 inch 16 arch was $10.33, it went up 15.7 percent from last year. 17 18 inch arch $12.16, went up 15.9 percent, 24 inch arch 18 pipe, $15.85 a linear feet, went up 16.4 percent. 30 19 inch arch pipe, $19.60 a linear foot, went up 16.6 20 percent from last year. 15 inch coupling, $13.99, went 21 up 17.8 percent. 18 inch coupling, $16.74, went up 20 22 percent. 24 inch coupling, $22.27, went up 23 percent, 23 30 inch coupling, $27.90, went up 24.8 percent. So 24 Wilson Culverts won the bid. 25 For base material, and I want to read this 62 1 that we put in all of our bid packets, Kerr County 2 retains the right to add transportation charges to the 3 unit price shown above to determine the low bid for a 4 particular job site. This may result in more than one 5 supplier being low bidder, depending on the locations of 6 job sites. So we gotta pick what's a little bit closer 7 to where we're doing the work, they may get the 8 business. And that has been in our bid packet for 9 years. So we do have some multiples in here. Allen 10 Keller for us to pick up at Roger's Pit off of Harper 11 Road, Grade 1, 7.75 a ton, went up 3. -- looks like 12 three percent. Wheatcraft, Red Road up on Cypress 13 Creek, FOB, R and B, 875 a ton for the Grade 1, 1075 for 14 the Grade 2, no increase. And I'd like to say that 15 Wheatcraft over the years has not increased their base 16 prices on us for quite a few years, which is really 17 nice, which we really appreciate. 18 For the emulsions, Ergon won the bid for 19 AEP, 2.039 cents was a 1.98 percent increase from last 20 year. 21 Wright Asphalt Products got the CRS-2 bid, 22 1.4174, was an increase of 3.5 percent from last year. 23 They also got the CSS-1H bid at 1.5 -- it's like 174, 24 that was an 8.6 percent increase. 25 And the black base, the only one that bid 63 1 was Vulcan Materials, 56.90 a ton. And the cold mix, 2 the CC material, 57.90 a ton. That was no increase from 3 last year, and the Vulcan was the supplier last year. 4 For our trap rock for seal coat, the only 5 bidder was Vulcan Material, for the grade 3 trap rock 6 39.13 a ton, it was up 2.6 percent from last year, 7 there's a dollar difference. The Grade 4, 41.13 a ton, 8 last year it was 40.13, 2.5 percent increase from last 9 year. Grade 5, 40.13 cents a ton, was 39.13 last year, 10 increase of 2.6 percent. 11 COMMISSIONER BALDWIN: Let me ask you a 12 question. There was one on there 8 percent increase, 13 and several of them in the 6's, is that related to 14 petroleum products, do you think or -- 15 MS. HOFFER: Well, not really sure. The 16 ones that I saw the biggest increases on really was the 17 corrugated metal pipe. 18 JUDGE POLLARD: Yeah. 19 MS. HOFFER: The good thing about that is 20 that it doesn't concern me so much, is most the time on 21 the pipe, it's installing driveways for people, and how 22 we do that is we sell the pipe at our cost, we furnish 23 the base, the staff and the equipment to install, but 24 they pay a hundred percent for that pipe, and the 25 coupling, if it's needed, so most of that increase on 64 1 that doesn't concern me too much, because we get 2 reimbursed as we're putting drive ways in. Now, if 3 we're buying pipe for special projects ourselves, then 4 you know, that is going to have an affect, but the 5 majority of our culvert installations are people's 6 driveways, they bought a piece of property and they're 7 going to build a house. 8 COMMISSIONER BALDWIN: I like the driveway 9 program. It does two things, one it's a service to the 10 community, number two, you're putting in the kind that 11 really needs to be there. 12 MS. HOFFER: You are. And we get to control 13 the drainage. 14 COMMISSIONER BALDWIN: Exactly. 15 MS. HOFFER: Because we have found some 16 pipes that got put in that we didn't know about. And 17 when they shot it with a transit and you looked at it 18 the drop wasn't right. I mean it was going the wrong 19 direction. And that's what keeps the roads good is 20 ensuring that the drainage is going the direction it 21 needs to go. So I think it is -- I think it's a smart 22 thing to do, it takes a lot of time out of our schedule, 23 but in the long run we can make sure that the drainage 24 is going the right way. 25 COMMISSIONER BALDWIN: What kind of motion 65 1 you going to make? 2 COMMISSIONER REEVES: Would you read -- if 3 you read the prices you don't have to do it again. Go 4 through the winning bidders on each one please. 5 MS. HOFFER: Corrugated metal pipe it was 6 Wilson Culverts Incorporated. 7 JUDGE POLLARD: Just a minute. Your motion 8 and you include it in your motion. 9 COMMISSIONER REEVES: I want her to read it 10 first. 11 MS. HOFFER: For the corrugated metal pipe, 12 Wilson Culverts Incorporated won the bid. For base 13 material, lowest was Allen Keller on Grade 1, but 14 Wheatcraft was lower on Grade 2, and that's for the base 15 material. For the emulsions, Ergon won the bid for AEP 16 oil. Wright Asphalt Products won for CRS-2 and for the 17 CSS-1H, for the cold mixes, the black base, AA, and cold 18 mix CC, Vulcan Materials won the bid. For the trap rock 19 Vulcan Materials won the bid for grade 3, 4, and 5. 20 COMMISSIONER REEVES: And it's your 21 recommendation to take the winning bidders as you just 22 referred to them going through there? 23 MS. HOFFER: Yes, Sir. 24 COMMISSIONER REEVES: I make a motion to 25 accept the Road & Bridge Administrator's 66 1 recommendations on awarding the contracts as she has 2 read into the record. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE POLLARD: Been moved by Commissioner 5 Reeves, seconded by Commissioner Baldwin that we accept 6 the bids that's just read in the record by Kelly Hoffer 7 from Road & Bridge. Is there any further discussion? 8 There being none, those this favor of the motion signify 9 by raising your right hands. It's four zero, unanimous. 10 MS. HOFFER: Thank you. 11 JUDGE POLLARD: All right. Well let's go to 12 item 1.8 consider, discuss and take appropriate action 13 to accept updated proposal from Security State Bank to 14 install an ATM at the Hill Country Youth Event Center, 15 and have the County Judge sign same. Tracy Soldan. 16 MS. SOLDAN: Yes. This agreement that you 17 have in front of you would replace court order 35814 18 where we were going to be liable for paying a monthly 19 service fee on a phone line to hook up to the ATM 20 machine. It was determined later that the bank couldn't 21 get that kind of an ATM machine anymore. And so the 22 kind that they can get now is more expensive, but they 23 are willing -- the bank is willing to pay for that 24 monthly fee for a year's time, look and see how they're 25 doing based on collecting fees from that ATM usage, and 67 1 then they'll come back to us with what might happen 2 after that. 3 JUDGE POLLARD: Sounds good. 4 COMMISSIONER BALDWIN: Sounds fantastic to 5 me. 6 COMMISSIONER REEVES: And I'd like to 7 comment, our County Treasurer, she worked real hard to 8 get this fee back down to where it wasn't costing the 9 County anything. We met with the representatives of 10 Security State Bank last week, and she had already laid 11 the ground work, and it wasn't real hard negotiations. 12 JUDGE POLLARD: Good work, Tracy. 13 MS. SOLDAN: Thank you. 14 COMMISSIONER REEVES: Move to accept the 15 proposal as submitted in the backup material from 16 Security State Bank and Trust. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE POLLARD: Yes. 19 MRS. GRINSTEAD: Do you need to include in 20 that motion to rescind that previous court order? 21 COMMISSIONER REEVES: And as I was going to 22 finish, to rescind the previous Court order, which is 23 number -- 24 MS. SOLDAN: 35814. 25 COMMISSIONER BALDWIN: And I was going to 68 1 second it until you interrupted. That includes the last 2 court order. 3 JUDGE POLLARD: As corrected. 4 COMMISSIONER BALDWIN: Right. 5 JUDGE POLLARD: Been moved by Commissioner 6 Reeves and seconded by Commissioners Baldwin that we 7 accept the proposal from Security State Bank, and by 8 passage of this, we agree to rescind the previous order 9 relating to this matter. Is there -- 10 COMMISSIONER REEVES: And to have you sign 11 documentation. 12 JUDGE POLLARD: And to have the -- authorize 13 the County Judge to sign same. Any further discussion 14 or comment? If not, those in favor of the motion raise 15 your right hand. Four zero, unanimous. Thank you. 16 All right, going to item 1.9 consider, 17 discuss and take appropriate action to ratify and 18 confirm the audits required by Article 59.06 of the Code 19 of Criminal Procedure and the fiscal year 2016, Chapter 20 59 Asset Forfeiture Reports for the 198th District 21 Attorney, and the 216th District Attorney, and the Kerr 22 County Sheriff. 23 MRS. DOSS: Good morning. 24 JUDGE POLLARD: Good morning. 25 MRS. DOSS: Asking the Court to ratify and 69 1 confirm the audits required by Article 59.06 of Code of 2 Criminal Procedure, all law enforcement agencies, and 3 attorneys representing the State who receive proceeds or 4 property under the Code of Criminal Procedure, Chapter 5 59, shall account for the seizure, forfeiture, receipt 6 and specific expenditures of all the proceeds and 7 property in an audit. The audit must be completed on a 8 form provided by the attorney general and must include a 9 detailed report and explanation of all expenditures. 10 The County Auditor is required to certify the report 11 along with the head of the agency, which in this case 12 was the 198th D.A., the 216th D.A., and the County 13 Sheriff. And we have reviewed and gone through the 14 reports, and I have certified them. 15 COMMISSIONER BALDWIN: I move for approval. 16 COMMISSIONER LETZ: Second. 17 JUDGE POLLARD: It's been moved by 18 Commissioner Baldwin, seconded by Commissioner Letz to 19 accept the audits set forth in item 1.9 of the agenda, 20 which is in accordance with Code of Criminal Procedure 21 and for the fiscal year 2016, under Chapter 59 Asset 22 Forfeiture Reports for the 198th District Attorney and 23 the 216th District Attorney's office, as well as the 24 Kerr County Sheriff's Office. Any further comments or 25 discussion? There being none, those in favor signify by 70 1 raising your right hands. It's four zero, unanimous. 2 It passes. 3 1.10 consider, discuss and take appropriate 4 action to address the possibility of prohibiting the 5 sale or use of restricted fireworks, i.e.: Skyrockets 6 with sticks and missiles with fins, in any portion of 7 the unincorporated area of Kerr County pursuant to local 8 Government Code in section 352.051 for the December 9 fireworks session. 10 Look at your backup material under this 11 item, you'll see that if we decide if we think it 12 presumes that we're a County that's not getting enough 13 rain, a drought condition, and if we want to, it's our 14 election if we want to, to prohibit those kinds of 15 items. We gotta do it if we want to adopt it, we have 16 to do it prior to December 15. 17 MRS. STEBBINS: And it has to be the 575 18 under the drought index, it has to be. 19 COMMISSIONER LETZ: We're not going to 20 qualify. 21 COMMISSIONER BALDWIN: I'm not interested. 22 JUDGE POLLARD: I was going to recommend 23 that we don't do it. 24 COMMISSIONER REEVES: We can't because we're 25 not in a drought. So no action. 71 1 JUDGE POLLARD: All right. No action on 2 that. 3 Item 1.11 consider, discuss and take 4 appropriate action to appoint a member of Commissioners' 5 Court or designate a person to perform investigation 6 under Section 751.005 of the Texas Health and Safety 7 Code for the purpose of determining if the minimum 8 standards for ensuring public safety and order as 9 prescribed by law will be maintained under the 10 application for permit for mass gatherings by the Hill 11 Country District Junior livestock show. 12 I think this is something we addressed every 13 year. 14 COMMISSIONER REEVES: This actually, Judge, 15 it's the first time. The Sheriff and I happened to be 16 talking, and this one will be the first time. I know 17 our fire marshal or Fire Chief down the stairs -- or 18 down -- down the end of this desk has been doing it, I 19 guess he's retiring, but if he'll teach me how to do 20 something like this, I'd be glad to work with you. 21 COMMISSIONER BALDWIN: You just gotta have 22 the right hat. 23 COMMISSIONER REEVES: Well, will you fit it 24 on me? 25 COMMISSIONER BALDWIN: You can't have it. I 72 1 gotta have it in my retirement. Actually it's 2 graduation. 3 JUDGE POLLARD: I remember discussing it 4 last year, too. 5 SHERIFF HIERHOLZER: I think we've had it 6 for the last stock show, we did it one other year. We 7 did it last year was the first year, if I recall. 8 COMMISSIONER BALDWIN: We did it for Quiet 9 Valley. 10 SHERIFF HIERHOLZER: Quiet Valley is every 11 year. Quiet Valley we've done it every year. But I 12 think the livestock show we did it last year was the 13 first year that they put you in that category. 14 COMMISSIONER LETZ: I make a motion to 15 appoint Commissioner Reeves as the designee per the 16 agenda item. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Letz, seconded by Commissioner Baldwin that Commissioner 20 Reeves be appointed as the person to comply with item 21 1.11 of the agenda, and that is Section 751.005 of the 22 Texas Health and Safety Code for determining the minimum 23 standards for ensuring public safety as required by law. 24 Is that a fair statement of it? 25 COMMISSIONER LETZ: Yes, Sir. 73 1 JUDGE POLLARD: All right. Any further 2 comments or questions? If not, those in favor signify 3 by raising your right hands. It is four zero, 4 unanimous. 5 1.13 consider, discuss and take appropriate 6 action regarding a policy for placing items on the 7 courthouse grounds. Mr. Moser. 8 COMMISSIONER MOSER: Thank you, Judge. 9 There's been a lot of discussion on both sides of the 10 issue regarding things that we put on the courthouse 11 grounds, particularly things around Christmas, and the 12 banner that was proposed by Freedom From Religion, and I 13 think that there is -- there's hopefully something that 14 we can do to find a compromise between these things, in 15 that I think the compromise would be in the form of 16 establishing a policy for anything we put on the 17 courthouse grounds. So that all parties could agree to 18 it and an example would be to designate a time of which 19 different entities can place things on the courthouse 20 grounds in accordance with some policy, which we need to 21 establish, or to have designated areas on the courthouse 22 grounds where people can put things that they would like 23 to have. 24 Right now the issue is we have no policy, so 25 I would like to just bring that to you to try and use 74 1 this as a way to get people to settle down on this 2 controversial issue and wait until after the first of 3 the year, and that the Court establish a policy by with 4 which we would accept things and how they should be put 5 on the courthouse grounds. So it's -- I think that we 6 need to recognize it, it's public property, and it's 7 things that a lot of people have reasons that they want 8 to put things on the grounds, and that there may be an 9 opposition with the other people, so I think it's our 10 responsibility to have some policy, which we -- by with 11 which we allow things to be placed as opposed to not 12 having a policy, so -- 13 COMMISSIONER BALDWIN: But I want to bring 14 something up to piggyback on that, maybe piggyback, or 15 it may be going against, I'm not sure. We already have 16 a court order number 32999 that creates the courthouse 17 square committee. Now, I'm not sure what all that 18 committee's job description is or was. In fact it's a 19 living court order though by the way. I don't know if 20 it's something like this would be their duty or not. 21 I'm just bringing it up that this thing is -- 22 JUDGE POLLARD: How's it worded again? 23 COMMISSIONER LETZ: I think it's different. 24 COMMISSIONER MOSER: I think it is. 25 COMMISSIONER LETZ: But I mean I think that 75 1 that is more of a permanent, in my opinion, is more for 2 a permanent layout of the courthouse square. 3 COMMISSIONER MOSER: Like the State Park and 4 that kind of thing. 5 COMMISSIONER LETZ: And Peter Lewis is 6 looking at some things right now to deal with that and 7 come forward as a separate tract, you know. I think we 8 do need a policy on things on the courthouse square, and 9 I am just thinking back, I mean we have the Christmas 10 Lighting Corporation that handles our Christmas 11 decorations. Other than that, and this is kind of 12 directed for the policy, I don't know that we allow 13 things on the courthouse square other than some 14 non-profit fund raising items. And I like that policy. 15 I don't want us to have all kinds of signs and things on 16 the courthouse square ever. We do a United Way sign, we 17 do the ribbons, the blue ribbons. 18 JUDGE POLLARD: The child abuse stuff. 19 COMMISSIONER LETZ: The child abuse. And 20 flags up for certain holidays that some veterans groups 21 handle, I believe. And other than that, we don't do 22 this. So I think it's -- I have no problem doing a 23 policy, but it's going to be a very restrictive policy. 24 I don't want signs on the courthouse square for 25 anything. And I think we need to kind of go along with 76 1 the Lighting Corporation for Christmas as a policy that 2 is more inclusive possibly, kind of define what we want 3 or will allow then. And I think there needs to be some 4 guidelines with it. But I think a policy's a good idea. 5 COMMISSIONER MOSER: Yeah, okay. That's all 6 this is. I think we need to think about it. I'm not 7 proposing what the policy should be, okay, but I think 8 we need to have something, so that the -- I hate to see 9 and I think a lot of people in the community hate to see 10 the confrontation that we have. And I think we can 11 avoid some of this to make it so it's acceptable to all 12 parties in the community of what they put on the 13 courthouse grounds, so -- 14 COMMISSIONER REEVES: I think it's a policy 15 at least gives us a starting point on what we can and 16 what we can't do. I also feel it's probably as much of 17 anything of a legal question of how we adopt that, and 18 perhaps we could ask the County Attorney to review what 19 we can and we cannot do. 20 MRS. STEBBINS: I can absolutely do that for 21 you. 22 COMMISSIONER LETZ: Be a good starting 23 point. 24 COMMISSIONER MOSER: Yeah. It's not 25 proposed any action, just to bring the subject up, and 77 1 say, you know, let's see if we can't better define what 2 we can and cannot do, and what is the right thing to do. 3 MRS. STEBBINS: I will get the rules 4 together and look at some other communities who have 5 done such a thing, and draft something to bring to 6 y'all, and you guys can have a look at it and tell me if 7 you want more or less, and then I can tell you whether 8 or not we can do that. 9 COMMISSIONER MOSER: That would be 10 fantastic. That was the whole point. 11 COMMISSIONER BALDWIN: Let me ask you a 12 question real quick. You brought up the conflict a 13 couple of times, do you have an example of what are you 14 referring to? 15 COMMISSIONER MOSER: Well, I think the fact 16 that the banner that was brought up is a request to put 17 the banner, and we said no, the Court said no 18 unanimously -- I think it was a four to one on that. 19 And since then I've received a lot of comments from 20 Church's, Christian organizations, very strong 21 Christians that are attorneys, that said seem to me like 22 there's something that could be done that the Court 23 could establish a policy by with which, you know, it's 24 not going to be a battle of which somebody's going to 25 win and somebody's going to lose. So if there's some 78 1 way we can avoid that then -- 2 COMMISSIONER BALDWIN: Like denying -- 3 telling them they can't put their manger scene up out 4 there, maybe something like that? 5 COMMISSIONER MOSER: Well, I don't know. 6 I'm not going to suggest what it is. I'm not suggesting 7 that at all. 8 COMMISSIONER BALDWIN: Okay. I thought you 9 had something specific. 10 COMMISSIONER MOSER: No, no. Not on what 11 should be allowed and not allowed. I'm just saying we 12 oughta think about there's some way we can accommodate 13 the -- 14 COMMISSIONER BALDWIN: I agree with you. 15 JUDGE POLLARD: Not trying to push you, but 16 did you have -- is this going to be ready by what, 17 December 27th you think? 18 COMMISSIONER MOSER: No, no. 19 JUDGE POLLARD: You think it'll take longer 20 than that. 21 COMMISSIONER MOSER: I said until after the 22 first of the year, yeah. 23 COMMISSIONER BALDWIN: We had -- we had a 24 former County Commissioner come in here one time, not 25 long within a year from him leaving his post here, and 79 1 he had been home building birdhouses, and he wanted to 2 donate birdhouses to put all over the yard. And he's a 3 former County Commissioner, good friend and neighbor to 4 all of us and we said no. And that was on an individual 5 basis. Now, if we put a policy together, are you going 6 to include birdhouses, and those kinds of things? 7 COMMISSIONER MOSER: I don't know. I think 8 it's kind of what you brought up earlier. I think 9 something like that would be set there permanently as 10 opposed to temporary goes back to the thing that 11 Commissioner Letz is leading on the architectural -- 12 landscape architectural thing. And I think this other 13 thing my view would be something that's a temporary 14 thing, like the banner, or the ribbons for whomever, the 15 United Fund, those type of things, which are temporary. 16 COMMISSIONER BALDWIN: Okay. Thank you. 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER BALDWIN: Enjoyed the visit 19 with you. 20 COMMISSIONER MOSER: My pleasure bringing it 21 up. Well thanks to the County Attorney. 22 JUDGE POLLARD: All right, is there any 23 action on that? Going to take a Resolution? 24 COMMISSIONER MOSER: No, no. No action. 25 JUDGE POLLARD: All right. Item 1.14 80 1 consider, discuss and take appropriate action to adopt 2 resolution to designate management/consulting service 3 providers for the hazard mitigation fund project for 4 application preparation and project implementation. 5 COMMISSIONER MOSER: Like to defer that to 6 the December 27th. 7 JUDGE POLLARD: Okay, we'll pass it now. Is 8 that agreeable? 9 COMMISSIONER LETZ: That must be the way 10 that was worded is probably why we got those two 11 submittals. 12 COMMISSIONER MOSER: I think it is. And I 13 think there's a Resolution required and we need a better 14 definition to see exactly what we need to do. 15 JUDGE POLLARD: Item 1.15 consider, discuss 16 and take appropriate action to appoint Tom Molner as a 17 member of the Kerr County Child Services Board. 18 Commissioner Baldwin. 19 COMMISSIONER BALDWIN: Yes, Sir. Mr. Molner 20 has stepped forward, is he in the room by the way? 21 That's not you, I can tell. Step forward as the 22 gentleman that is willing to serve Kerr County and the 23 citizens of Kerr County, and I appreciate it, any guy 24 that comes forward because that's a bunch of women over 25 there. 81 1 JUDGE POLLARD: Ooh. 2 COMMISSIONER BALDWIN: No, I didn't mean 3 anything bad about that. There is a bunch of women over 4 there, and it's good to have a guy for balance, one guy, 5 and seven women. 6 MRS. GRINSTEAD: We have one. 7 COMMISSIONER BALDWIN: They have one and 8 he's an attorney. Anyway, I'd like to move that we put 9 Tom Molner on as a member of the Kerr County Child 10 Services Board. 11 COMMISSIONER REEVES: I'll second that. 12 JUDGE POLLARD: Without supporting 13 comments -- his supporting comments. 14 COMMISSIONER REEVES: I will second the 15 motion. 16 JUDGE POLLARD: Okay. Been moved by 17 Commissioner Baldwin, seconded by Commissioner Reeves to 18 appoint Tom Molner as a member of the Kerr County Child 19 Services Board. Any further discussion or comment? 20 There being none, those in favor signify by raising your 21 right hands. It's four zero, unanimous. 22 1.16 consider, discuss and take appropriate 23 action to approve contracts with Ingram Voluntary Fire 24 Department and K'Star and allow the County Judge to sign 25 same. 82 1 COMMISSIONER LETZ: So move. 2 COMMISSIONER BALDWIN: Second. 3 JUDGE POLLARD: So moved by Commissioner 4 Letz, seconded by Commissioner Baldwin that we approve 5 the contracts as submitted from the Ingram Volunteer 6 Fire Department and K'Star, and authorize the County 7 Judge to sign same. Any further comments or discussion? 8 COMMISSIONER LETZ: Just a comment. Those 9 are the same former contracts and the County Attorney 10 has approved? 11 MRS. STEBBINS: Yes, Sir. 12 JUDGE POLLARD: Those in favor of the motion 13 signify by raising their right hands. It's four zero, 14 unanimous. Thank you. 15 1.17 consider, discuss and take appropriate 16 action on personnel matter related to Environmental 17 Health and Animal Services Department, and the 18 Maintenance Department. 19 COMMISSIONER LETZ: Can we handle 1.18 20 first? 21 JUDGE POLLARD: Yeah, let's go ahead and 22 handle that. 23 1.18 consider, discuss and take appropriate 24 action to approve interlocal cooperation agreement with 25 Kendall County WCID #1 concerning the East Kerr 83 1 County/Center Point Wastewater Project. Commissioner 2 Letz. 3 COMMISSIONER LETZ: Last Thursday, I went 4 down to the Kendall County WCID #1 board meeting and 5 they approved our -- the agreement that is drafted by 6 the County Attorney and myself primarily kind of working 7 through it, and Charlie Hastings. And I make a motion 8 that we approve that interlocal cooperation agreement 9 between Kerr County and Kendall County WCID #1. 10 COMMISSIONER MOSER: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Letz, seconded by Commissioner Moser that we approve and 13 execute the interlocal agreement between Kerr County and 14 Kendall County Water Control and Improvement District 15 #1. Is there any further discussion? 16 COMMISSIONER MOSER: I just want to say, why 17 don't you read into the record concerning East Kerr 18 Center Point Wastewater Project. 19 JUDGE POLLARD: All right. 20 COMMISSIONER LETZ: I'll make another 21 comment. 22 JUDGE POLLARD: Approving the interlocal 23 cooperation agreement concerning the East Kerr/Center 24 Point Wastewater Project. 25 COMMISSIONER LETZ: A comment. I met with 84 1 their board for about an hour and went through it. And 2 they're very excited about the project. They think it's 3 -- I just want to really commend them for being pretty 4 far -- or far looking into the future. They're more 5 concerned about the community, the fact that they're 6 over in Kendall County didn't bother them a bit. They 7 think they're best suited for this. It's the thing -- a 8 good thing to do for that whole area, and they're very 9 much in support of the project. And it was really a 10 pleasure working with them, and you know getting this 11 agreement to this point. There will likely be some 12 amendments that come along down the line, because we 13 can't foresee every situation, but they have the final 14 plans outlined of the area and approved it. 15 COMMISSIONER MOSER: Good. Thank you. 16 JUDGE POLLARD: Let the record reflect that 17 this contract has already been executed and approved by 18 looks like Fred Collins, President of the Kendall County 19 Water Control and Improvement District Number 1, and 20 their secretary. All right, is there any further 21 comment or discussion about that? If not, those in 22 favor of the motion signify by raising your right hand. 23 It's four zero, unanimous. Thank you very much. 24 We'll now go into executive session with 25 regard to item 1.17. 85 1 COMMISSIONER MOSER: Do we want to do the -- 2 COMMISSIONER LETZ: Bills and things. 3 JUDGE POLLARD: All right, let's pay the 4 bills. 5 COMMISSIONER BALDWIN: I move we pay the 6 bills. 7 COMMISSIONER LETZ: Second. 8 JUDGE POLLARD: Been moved by Commissioner 9 Baldwin, seconded by Commissioner Letz that we pay the 10 bills as presented. Any further comment, questions? 11 Are there any? If not, those in favor of the motion 12 signify by raising their right hands. It's four zero, 13 unanimous. Do you both raise your right hand. 14 COMMISSIONER LETZ: Yes. 15 JUDGE POLLARD: All right, budget 16 amendments, County Auditor. 17 MRS. DOSS: Yes, we have three budget 18 amendments. The last one was to set up the lease 19 proceeds for the capital lease for the Sheriff's 20 vehicles that was issued, and then the other two are 21 just small line item transfers. 22 COMMISSIONER MOSER: I move for approval. 23 COMMISSIONER LETZ: I move for approval of 24 the -- 25 JUDGE POLLARD: Well, we had two moves for 86 1 approval. 2 COMMISSIONER MOSER: Second. 3 JUDGE POLLARD: All right. Moved by 4 Commissioner Letz, seconded by Commissioner Moser to 5 approve the budget amendments as presented. Any further 6 comments or questions? There being none, those in favor 7 signify by raising your right hands. It's four zero, 8 unanimous. 9 Late bills. 10 MRS. DOSS: We have two late bills. 11 COMMISSIONER LETZ: Move to pay the late 12 bills. 13 COMMISSIONER REEVES: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Letz, seconded by Commissioner Reeves that we pay the 16 light bills as submitted. Any further comments or 17 questions? There being none, those in favor signify by 18 raising your right hands. It's four zero, unanimous. 19 4.4 approve and accept monthly reports. Mr. 20 Reeves. 21 COMMISSIONER REEVES: Yes, Sir. All of the 22 reports are for the month of November, 2016 unless I 23 indicate otherwise. J.P. Precinct 3 monthly report, 24 Constable Precinct 1 monthly report, constable Precinct 25 4 monthly report, J.P. Precinct Number 1 monthly report, 87 1 J.P. Precinct 2 monthly report, County Clerk's office 2 monthly report, J.P. Precinct 4 monthly report, District 3 clerks office monthly report, environmental health 4 monthly report, animal services monthly report, and the 5 payroll approval for the month ending November, 2016. 6 Move to accept the reports as presented and sign as 7 needed. 8 COMMISSIONER MOSER: Second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Reeves to accept the monthly reports as read into the 11 record and to approve them as needed. Seconded by 12 Commissioner Moser. Is there any further comment or 13 discussion? There being none, those in favor of the 14 motion signify by raising your right hands. It's four 15 zero, unanimous. It passes. 16 Auditor's reports. 17 MRS. DOSS: The Road & Bridge inventory 18 audit as provided. 19 COMMISSIONER REEVES: Move to accept the 20 report. 21 COMMISSIONER LETZ: Second. 22 JUDGE POLLARD: Been moved by Commissioner 23 Reeves, seconded by Commissioner Letz to accept the 24 report from Road and Bridge. Is there any further 25 discussion? There being none, those in favor of the 88 1 motion signify by raising your right hands. All right, 2 it's four zero, unanimous. 3 Reports from Commissioners and liaison 4 committee assignments, anyone? 5 Item 5. -- 6 COMMISSIONER LETZ: I have just one update. 7 On the Hill Country Youth Event Center. Mr. Reeves and 8 I have been working with Huser on scheduling the door 9 being installed, and the current plan is that they're 10 going to start next week, this week? When are they 11 going to start? 12 COMMISSIONER REEVES: This week. 13 COMMISSIONER LETZ: This week. To do some 14 of the preliminary, divide it into two faces. They're 15 going to put the track up, and kind of do some work 16 preliminary to the actual door being installed. But the 17 door will be installed the week after stock show. And 18 this other work will not -- it'll look good. It'll be 19 finished looking by the time we are open for events and 20 maybe a little bit of work, you know, shown for 21 Christmas party and a few things. But they've assured 22 us that it's not going to look like it's a construction 23 zone. 24 I will say one thing though, as we get more 25 communication with Jake from Spectrum, he was able to 89 1 land, I guess is the right word, a renaissance festival 2 that's going to be here the last weekend of January? 3 COMMISSIONER REEVES: Yes. 4 COMMISSIONER LETZ: The last weekend of 5 January. 6 COMMISSIONER MOSER: Renaissance. 7 COMMISSIONER LETZ: And it's going to be in 8 River Star Park. It might be kind of interesting, I 9 don't know all the details. He's been talking with 10 them, it's kind of short notice, but those festivals are 11 pretty interesting and usually brings a pretty good 12 crowd. 13 COMMISSIONER MOSER: Has this been out at 14 Ingram area in the past? 15 COMMISSIONER REEVES: That was a Celtic 16 Fest. 17 COMMISSIONER MOSER: That's right. 18 COMMISSIONER REEVES: But Celtic. It's 19 Boston Celtics, right. No, he was very excited about 20 it, and is able to get it, looks for it to grow. 21 JUDGE POLLARD: There's a monster one of 22 those festivals over in east Texas, one of those towns. 23 COMMISSIONER MOSER: Tomball or something 24 like that. 25 JUDGE POLLARD: Somewhere like that. 90 1 Montgomery, Tomball, and there are a lot of people here 2 in our community that go to that. And I've talked to 3 them a number of times. But I'll bet that's going to be 4 successful. And be pretty interesting to walk through. 5 COMMISSIONER LETZ: Hopefully the weather 6 will cooperate. 7 JUDGE POLLARD: And Sheriff, you going to 8 have to get a period costume? 9 SHERIFF HIERHOLZER: No. Ain't going to 10 happen, sorry. 11 COMMISSIONER BALDWIN: Gotta wear a red 12 skirt. 13 COMMISSIONER LETZ: Don't you want to dress 14 like Friar Tuck or something? 15 SHERIFF HIERHOLZER: Nope, it ain't going 16 to happen. It's called delegation if it comes down to 17 it. 18 JUDGE POLLARD: Well, you going to delegate 19 it to Clay then? 20 SHERIFF HIERHOLZER: Yeah. Clay would be 21 good. 22 JUDGE POLLARD: Okay. Any other reports 23 from Commissioners, committee assignments? 24 Reports from elected officials, department 25 heads. Anybody? 91 1 SHERIFF HIERHOLZER: Just that the 2 construction is moving forward out there, and a lot of 3 activity going on. And then there's one item I need to 4 also discuss in executive session. 5 JUDGE POLLARD: Okay. All right, reports 6 from boards, commissions and committees. Anybody? 7 City/County joint projects. Other. 8 All right, we'll recess and then go into 9 executive session. 10 (Recess.) 11 (Executive Session.) 12 JUDGE POLLARD: All right. We're back in 13 open session, and we're going to open the bids. 14 COMMISSIONER REEVES: Report on the bids for 15 item 1.12, is that correct? 16 COMMISSIONER MOSER: That's correct. 17 COMMISSIONER REEVES: I'd like to make a 18 motion to reject both bids, and return the cashiers 19 checks to the respective bidders. And at another 20 meeting we will designate a time to place the property 21 back on for bids. 22 COMMISSIONER MOSER: That was the 23 recommendation of the committee. 24 COMMISSIONER REEVES: That was the 25 recommendation of the committee. 92 1 COMMISSIONER MOSER: And I second that. 2 JUDGE POLLARD: That was your motion you 3 made? 4 COMMISSIONER REEVES: Yes, Sir. 5 COMMISSIONER MOSER: And I seconded it. 6 JUDGE POLLARD: It was moved by Commissioner 7 Reeves, seconded by Commissioner Moser, that the only 8 two bids received on the real estate that was involved 9 in item 1.12 on the agenda, be rejected, and that their 10 cashiers checks be immediately returned to them, is that 11 correct? 12 COMMISSIONER REEVES: That is correct. 13 JUDGE POLLARD: All right. Is there any 14 further discussion or comment on this motion? 15 COMMISSIONER LETZ: Just discussion on the 16 checks. If we have phone numbers it would probably be 17 nice just to call them and let them know they can pick 18 them up. 19 JUDGE POLLARD: And if they don't pick them 20 up by say 5:00, Jody, put them in the mail. 21 COMMISSIONER REEVES: Find out what they 22 want to do, if they want us to mail them or hold home. 23 JUDGE POLLARD: And if they don't want to 24 pick it up, put it in the mail to them. 25 MRS. STEBBINS: And if we put them in the 93 1 mail, I recommend something certified. 2 COMMISSIONER LETZ: Certified. Because if 3 it's get lost it's a nightmare for them. 4 COMMISSIONER REEVES: And where would you 5 like the bids, returned to your office? 6 MRS. STEBBINS: Clerk's Office. 7 JUDGE POLLARD: All right. Is there any 8 further business for Commissioners' Court in open 9 session? 10 MRS. MOUSER: You gotta vote. 11 COMMISSIONER LETZ: We've gotta vote to 12 reject. 13 JUDGE POLLARD: Vote to reject. The 14 motion's been made. Is there a -- those in favor 15 signify by raising their right hands. It's four zero, 16 unanimous. I agree with that, too. 17 All right. No further business. We're 18 adjourned. Thank you very much. Merry Christmas. 19 * * * * * * 20 21 22 23 24 25 94 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 16th 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