1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, January 9, 2017 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 HARLEY BELEW, 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. 9 4 1.1 Public Hearing for a revision of plat 10 for The Woods Lot 27, Volume 4, Page 137, 5 Pct. 2. 6 1.2 Public Hearing regarding posting "No 10 Parking" signs on both ends of Verde Creek 7 Crossing on Center Point Dr. E, Pct.2. 8 1.3 Consider, discuss and take appropriate 11 action for the court's final approval 9 regarding posting "No Parking" signs on both ends of Verde Creek Crossing on 10 Center Point Dr. E, Pct. 2. 11 1.4 Consider, discuss and take appropriate 12 action for the Court's Final Approval 12 regarding a revision of plat for The Woods, Lot 27, volume 4, Page 137, Pct. 2. 13 1.5 Conduct a Public Hearing for a revision 16 14 of plat for Highlands Ranch Lots 48 and 49, Volume 5, Page 233, Pct. 1. 15 1.6 Public Hearing regarding posting "30 MPH" 16 16 speed limit signs on Cedar Cliff Loop W., Pct. 4. 17 1.7 Consider, discuss and take appropriate 16 18 action for the Court's Final Approval regarding posting "30 MPH" speed limit 19 signs on Cedar Cliff Loop W., Pct. 4. 20 1.8 Consider, discuss and take appropriate 18 action for the Court's Final Approval 21 regarding a revision of plat for Highlands Ranch Lots 48 and 49, Volume 5, Page 233. 22 1.17 Consider, discuss and take appropriate 20 23 action to declare a portion of Old Sunset Ranch Road located in Precinct 4 impassable 24 and not accessible to emergency vehicles and authorize the Road and Bridge Department to 25 make necessary repairs in accordance with Order #29297. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Conduct a Public Hearing for a revision 25 of plat for Panther Creek Estates, Lots 4 3, 6 and 7, File No. 16-4242. 5 1.10 Public Hearing regarding the naming of a 25 private road "Blue Quail Ln. N". 6 1.13 Report from the Hill Country District 26 7 Junior Livestock Show Association regarding upcoming event. 8 1.11 Consider, discuss and take appropriate 34 9 action for the Court to set a Public Hearing regarding the installation of 10 (1) yield sign @ Albrecht Rd. E. and Center point Dr. E. 11 1.12 Consider, discuss and take appropriate 35 12 action for the Courts Final Approval regarding a Revision of Plat for Panther 13 Creek Estates, Lots 3, 6 and 7, File No. 16-4242. 14 1.14 Consider, discuss and take appropriate 36 15 action to authorize the Road and Bridge Department to place mini Speed humps on 16 Mosty Lane and Second Street. 17 1.15 Consider, discuss and take appropriate 39 action for the Court's Final Approval to 18 install (1) TxDOT approved trash can, (1) "Pedestrian Traffic Only" sign and pole 19 and (3) Wood Barricades @ south end of The Indian Creek Bridge. 20 1.16 Consider, discuss and take appropriate 42 21 action for the Court's Final Approval to name Private Road "Prosperity Ln. E." 22 1.18 Consider, discuss and take appropriate 43 23 action to authorize Kerr County Road and Bridge Department to hall various types 24 of dirt and other fill materials from the Kerr County Jail Expansion Project. Such 25 material to be used in future Road and Bridge projects. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.22 Consider, discuss and take appropriate 45 action to approve Resolution supporting 4 efforts to preserve night skies. 5 1.23 Consider, discuss and take appropriate 62 action to open and accept or reject bids 6 received for the Request for Proposals/ Request for Qualifications (RFP/RFQ) for 7 Construction Management Consulting Services for the insurance proceeds project regarding 8 the replacement and/or repair of roofs and HVAC's to various county buildings. 9 1.24 Consider, discuss and take appropriate 64 10 action to release Request for Qualifications (RFQ for Construction 11 Management Consulting Services for the insurance proceeds project regarding the 12 replacement and/or repair of roofs and HVAC's to various county buildings. 13 1.25 Consider, discuss and take appropriate 65 14 action to approve Letter of Agreement between Kerr County and GrantWorks for 15 the provision of Hazard Mitigation Application Preparation and Hazard 16 Mitigation Grant Management Services in connection with the County's 2017/2018 17 Hazard Mitigation Grant Project as administered by the Texas Division of 18 Emergency Management (TDEM) and allow County Judge to sign same. 19 1.26 Consider, discuss and take appropriate 73 20 action to open and review RFQ(s) received for the Hazard Mitigation Fund Project 21 (for the Kerr County Flood Warning System). 22 1.27 Consider, discuss and take appropriate 75 action to designate engineer for the 23 Hazard Mitigation Fund Project (for the Kerr County Flood Warning System). 24 1.28 Consider, discuss and take appropriate 78 25 action regarding the cost of a flood warning system project. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.29 Consider, discuss and take appropriate 93 action to approve Interlocal Agreement 4 (ILA) between Kerr County, Upper Guadalupe River Authority (UGRA) and the City of 5 Kerrville for submitting an application for a Hazard Mitigation Action Flood 6 Warning System Grant. 7 1.30 Consider, discuss and take appropriate 107 action on approval for the submission of 8 a Hazard Mitigation Action Flood Warning System Grant; appoint the County Judge as 9 the Chief Executive Officer and Authorizing Representative to act in all matters in 10 connection with the Hazard Mitigation Grant; commitment of the County to the 25% local 11 matching funds to secure and complete the Hazard Mitigation Action grant. 12 1.31 Consider, discuss and take appropriate 113 13 action to Execute the Hazard Mitigation Flood Warning System Grant Application 14 Packet for submission to the Texas division of Emergency Management's Hazard Mitigation 15 Grant Program. 16 1.35 Consider, discuss and take appropriate 115 action regarding Resolution recognizing 17 Hill Country Telephone Cooperative (HCTC), Windstream Communications and AT&T for 18 providing increased telephone service reliability by establishing redundant 19 telephone connectivity between telephone terminals in Kerrville and San Antonio. 20 1.19 Consider, discuss and take appropriate 121 21 action on renewing contract with Air Methods (formerly known as AirLife) and 22 Air Med (formerly known as Air Evac) by offering payroll deduction to employes 23 through the County payroll system. 24 1.20 Consider, discuss and take appropriate 123 action to approve Resolution (opposition 25 to RE: Search, TX). 6 1 I-N-D-E-X 2 NO. PAGE 3 1.21 Consider, discuss and take appropriate 130 action on submission of a grant 4 application to the Alamo Area Council of Governments (AACOG) by the Juvenile 5 Probation Department for support of the Youth Averted for Delinquency (YAD) 6 Program. Approve a Resolution in support of same and authorize the County Judge 7 to sign said Resolution. 8 1.32 Consider, discuss and take appropriate 133 action to open and accept Request for 9 Qualifications (RFQ's) for Engineering Services for a project funded by the 10 Colonia Economically Distressed Areas Program (CEDAP) funds under the Department 11 of Agriculture for 2017. 12 1.33 Consider, discuss and take appropriate 135 action to adopt Resolution to designate 13 an engineer for a project funded by the Colonia Economically Distressed Areas 14 Program (CEDAP) funds under the Department of Agriculture for 2017. 15 1.34 Consider, discuss and take appropriate 136 16 action to adopt Resolution to designate a grant administrator for a project funded 17 by the Colonia Economically Distressed Areas program (CEDAP) funds under the Department 18 of Agriculture for 2017; confirming Court Order #35931. 19 1.36 Consider, discuss and take appropriate 138 20 action on request to authorize County Judge to prepare letter approving the 21 sale of alcohol at the Kerrville Renaissance Festival being held at the River Star Arts 22 and Events Park from January 27, 2017- January 29, 2017; letter to be sent to the 23 Texas Alcoholic Beverage Commission (TABC.) 24 1.37 Consider, discuss and take appropriate 141 action regarding the Financial Audit for 25 the Hill Country Youth Event Center. 7 1 I-N-D-E-X 2 NO. PAGE 3 1.38 Consider, discuss and take appropriate 144 action to approve 3 monetary donations 4 to Kerr County Sheriff's Office. 5 1.39 Consider, discuss and take appropriate 147 action to designate Commissioners' and 6 Judge's liaison appointments for various functions for calendar year 2017. 7 1.40 Consider, discuss and take appropriate 153 8 action regarding Texas Commission on Environmental Quality (TCEQ) Scrap Tire 9 Management Registration Application for Rampage Cattle Company, LLC. 10 1.41 Consider, discuss and take appropriate 171 11 action to update bid schedule for Center Point East Kerr County Wastewater Project. 12 1.42 Consider, discuss and take appropriate 174 13 action regarding converting county facilities to LED lighting. 14 4.1 Pay bills. 177 15 4.2 Budget Amendments. 177 16 4.3 Late Bills. 178 17 4.4 Approve and accept Monthly Reports. 178 18 5.1 Reports from Commissioners/Liaison 181 19 Committee Assignments as per attachment. 20 5.2 Reports from Elected Officials/Department 181 Heads. 21 5.3 Reports from Boards, Commissions and 181 22 Committees. a). City/County Joint Projects or 23 Operations Reports b). Other 24 25 8 1 I-N-D-E-X 2 NO. PAGE 3 1.43 Consider, discuss and take appropriate 182 action to approve requested position 4 schedule changes for the 216th District Attorney Office. 5 *** Adjournment. 183 6 * * * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 1 JUDGE POLLARD: All right, it's Monday, 2 January the 9th, 2017, Kerr County Commissioners' Court 3 is in session. We'll begin with the prayer and the 4 pledge of allegiance. Please bow your heads. 5 (Prayer and Pledge of Allegiance.) 6 JUDGE POLLARD: The next part of the agenda 7 is the part where public can speak on matters that are 8 not on the agenda. Now, if you want to speak on 9 something on the agenda, wait until the appropriate time 10 and when that matter is called. But for right now if 11 you have something you want to say about something 12 that's not on the agenda, then please approach the 13 podium, identify yourself, state your address and limit 14 your comments to three minutes. Is there anyone? 15 There being no one, we'll go to the next 16 thing on the agenda, and this is for the Commissioners 17 and the County Judge at this time to recognize 18 achievements or make comments about a matter. 19 Traditionally we start with Commissioner Precinct 1. 20 Welcome aboard, Mr. Belew. 21 COMMISSIONER BELEW: Thank you. 22 JUDGE POLLARD: All right, do you have any 23 comment? 24 COMMISSIONER BELEW: Not really. I'm glad 25 to be here. I'm going to be keeping my eyes and ears 10 1 open and figure out how this works. 2 JUDGE POLLARD: All right, thank you. 3 Mr. Moser. 4 COMMISSIONER MOSER: It's amazing to hear 5 Harley say he doesn't have anything to say. I don't 6 have a thing. Thank you. 7 JUDGE POLLARD: I don't have anything 8 either. 9 COMMISSIONER LETZ: Nothing. Nothing this 10 morning, thank you. 11 COMMISSIONER REEVES: Nothing. We have got 12 a long agenda, I'm sure we'll be talked out by the time 13 it's done. 14 JUDGE POLLARD: We've got about 43 items on 15 the agenda today. All right, let's go to item 1.1 on 16 the agenda. It's a public hearing for a revision of the 17 plat for The Woods, lot 27, volume 4, page 137 of the 18 Plat Records of Kerr County, Texas. This is located in 19 Precinct 2. Is there anyone wishing -- I am declaring 20 the public hearing open. Is there anyone wishing to 21 speak on this matter? We're going to move along like 22 this. I declare the public hearing closed. 23 Now we go to item 1.2, another public 24 hearing, regarding posting have no parking signs on both 25 ends of Verde Creek crossing on Center Point Drive East, 11 1 which is in Precinct 2. Is there -- I declare that 2 public hearing open. Is there anyone wishing to speak 3 on that issue? There being no one, I'll declare the 4 public hearing closed. 5 Item 1.3 consider, discuss and take 6 appropriate action for the Court's final approval 7 regarding posting have no parking signs on both ends of 8 Verde Creek Crossing on Center Point Drive East. Kelly 9 Hoffer. 10 MS. HOFFER: Road & Bridge received a 11 request from Logan Green, president of the Center Point 12 Estates Homeowners Association, to install two no 13 parking signs on the east and the west sides of the 14 crossing at Verde Creek. It seems that people are 15 parking and accessing Verde Creek. The homeowners in 16 Center Point Estates do not want people to park near the 17 crossing and accessing Verde Creek. I don't believe 18 that Kerr County has any authority on the access to 19 Verde Creek, but we can limit parking to the east and 20 west sides of Verde Creek Crossing. Charlie Hastings 21 drove this area and said that the line of sight is 22 limited when nearing the crossing. If the no parking 23 signs were approved and installed it might help with 24 traffic safety when nearing the crossing. 25 At this time we ask the Court for their 12 1 final approval regarding posting two no parking signs on 2 the east and the west sides of Verde Creek Crossing in 3 Center Point Estates, Precinct 2. 4 COMMISSIONER MOSER: Move for approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Moser, seconded by Commissioner Letz for approval of 8 that item for posting of what is it no parking signs -- 9 MS. HOFFER: Yes, Sir. 10 JUDGE POLLARD: -- of Center Point Drive 11 East. Is there any further discussion? There being 12 none, those in favor of the motion signify by raising 13 your right hands. It is four zero unanimous. Thank 14 you. 15 Item 1.4 consider, discuss and take 16 appropriate action for the Court's final approval 17 regarding the revision of plat for The Woods, lot 27, 18 volume 4, page 137. This is in Precinct 2. 19 MR. HASTINGS: Thank you. The owner of lot 20 27 of The Woods, volume 4, page 137, wishes to revise 21 lot 27 to include additional unplatted acreage located 22 to the west of his lot. Lot 27 is currently 2.43 acres 23 and will become lot 27-R at 8.48 acres. This lot is 24 located in the Kerrville ETJ and is being replatted 25 simultaneously with the City of Kerrville and Kerr 13 1 County, and that the lot is served by a water system, 2 OSSF, and it meets Kerr County minimum standards -- 3 subdivision standards. 4 One of the main reasons it's being platted 5 like this as a extension of the lot from The Woods, 6 instead of being its own stand-alone lot, is because 7 every lot when it's platted has to have frontage on a 8 road, a public access road. And if it doesn't get 9 included as a lot 27 of The Woods, and if it was a free 10 standing lot it would have no road access. 11 County Engineer requests the Court final 12 approval regarding the revision plat for the Woods Lot 13 27, volume 4, page 137, Precinct 2. 14 COMMISSIONER MOSER: So move. 15 COMMISSIONER LETZ: Second. 16 JUDGE POLLARD: Been moved by Commissioner 17 Moser, seconded by Commissioner Letz for approval of the 18 revision of the plat for The Woods Lot 27, Volume 4, 19 page 137 of the Plat Records of Kerr County, Texas. 20 That lot will be in Precinct 2 of Kerr County. Is there 21 any further discussion? 22 COMMISSIONER LETZ: I'll make a comment, if 23 I might. This was a -- the one that a lot of discussion 24 about this, because of the proximity to the Homestead 25 Subdivision, which is to the north of The Woods, which 14 1 provides in the plat of. I met with some of the owners 2 in The Homestead along with Charlie Hastings, or one of 3 the owners anyway, and explained the situation of why it 4 was being done the way they did. It's a strange 5 situation, because this property will also be under the 6 HOA provisions of The Homestead and The Woods after it 7 gets revised, but that is not does not impact the 8 platting process of this provision that the owner of 9 that land will have to comply with. 10 So anyway, it was a little -- you know, 11 spent a lot of time trying to explain it. I think we 12 have explained it to the people of The Homestead why 13 it's being done this way, and I think it's the proper 14 way to do it at this time. 15 JUDGE POLLARD: All right, is there any 16 further discussion? 17 COMMISSIONER REEVES: Just a question. 18 While we don't control restrictions of a subdivision, 19 that's a matter outside, are we by approving this in any 20 way going to be violating either the respective 21 subdivisions' restrictions? 22 COMMISSIONER LETZ: No. Not to our 23 knowledge. I mean I wouldn't know how it would be. 24 COMMISSIONER REEVES: I'm just asking a 25 question. If there is a possibility of that, and as 15 1 said it's outside of our purview, but I'm just curious 2 about precedence. I have a little misgivings about this 3 revising of a plat of land that's not actually in one of 4 the subdivisions at this time. But is there any legal 5 avenues we better not go down on doing this? 6 MRS. STEBBINS: I don't believe so. And 7 while I haven't reviewed all of the homeowners' 8 association rules, enforcement of them as you know, 9 isn't really the County business. 10 COMMISSIONER MOSER: I guess homeowners' 11 association can add or subtract and plan in their 12 organization if they want to, so -- 13 COMMISSIONER LETZ: Yeah. It's more of a -- 14 I mean the revision of the plat outside, basically we're 15 just expanding the subdivision. 16 COMMISSIONER MOSER: Right. 17 COMMISSIONER LETZ: So I don't see -- you 18 know, it would have been a different thing if it would 19 have been platted as a phase of The Homestead, but it 20 wasn't. It was left as vacant land. 21 COMMISSIONER REEVES: And Commissioner 2, 22 you have no problem with it? 23 COMMISSIONER MOSER: Have no problem. Thank 24 you. 25 JUDGE POLLARD: All right. If there's no 16 1 further comment or question about it, we'll call for a 2 vote on the motion. Those in favor of the motion 3 signify by raising your right hands. It's four zero, 4 unanimous. Thank you. 5 All right, 1.5 conduct a public hearing for 6 a revision of the plat for Highlands Ranch, lots 48 and 7 49, Volume 5, page 233, in Precinct 1. I declare the 8 public hearing open. Is there anyone wishing to speak 9 on this issue? There being no one, I declare the public 10 hearing closed. 11 We go to item 1.6, another public hearing, 12 this one is regarding posting of 30 mile an hour speed 13 limit signs on Cedar Cliff Loop West in Precinct 4. I 14 declare the public hearing open. Is there anybody 15 wishing to speak on this this matter? There being no 16 one, I declare the public hearing closed. 17 Let's go to 1.7 consider, discuss and take 18 appropriate action for the Court's final approval 19 regarding posting of 30 mile per hour speed limit signs 20 on Cedar Cliff Loop West in Precinct 4. Kelly Hoffer. 21 MS. HOFFER: Commissioner Reeves was 22 contacted regarding possible speeding in Cedar Cliff 23 Subdivision off FM 1340. October 7th, 2016, we ran a 24 traffic count. The 85th percentile showed the speed to 25 be at 13 miles per hour, the highest speed was at 27 17 1 miles per hour. It does not appear to have a speeding 2 issue, but at this time we ask the Court for the final 3 approval regarding posting two 30 mile an hour speed 4 limit signs on Cedar Cliff Loop, Precinct 4. 5 COMMISSIONER REEVES: If I may comment on 6 this one. Constable Huffaker has been out there, and 7 while if there was any speeding, it may have been a one 8 time issue. His comments to me since there is no 9 posting out there, the speed limit, I believe he said 10 based on law, would be 60 miles an hour, which while 11 cars couldn't go that fast, I feel at least having signs 12 posted on there, provides some safety for the residents 13 in the area. 14 JUDGE POLLARD: A warning, kind of a 15 caution. 16 COMMISSIONER REEVES: A caution on that. 17 And therefore, I move for approval of the item. 18 JUDGE POLLARD: Is there a second? 19 COMMISSIONER LETZ: I'll second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Reeves, seconded by Commissioner Letz, for approval of 22 item 1.7, and that is to take for a final approval 23 regarding the posting of 30 mile per hour speed limit 24 signs on Cedar Cliff Loop West, all located in Precinct 25 4. Is there any further comment or discussion? There 18 1 being none, those in favor of the motion signify by 2 raising your right hands. It is four zero, unanimous. 3 Thank you, Kelly. 4 Item 1.8 consider, discuss and take 5 appropriate action for the Court's final approval 6 regarding a revision of plat for Highlands Ranch lots 48 7 and 49, volume 5, page 233. This is all situated in 8 Precinct Number 1. Mr. Hastings. 9 MR. HASTINGS: Thank you. The owners of 10 Lots 48 and 49 of Highlands Ranch, Volume 5, page 233, 11 they wish to combine lots 48, 1.61 acres and lot 49, 12 2.28 acres into lot 48-R, 3.89 acres. This lot is 13 served by a water system, OSSF, and it meets the Kerr 14 County's minimum standards. 15 County engineer requests the Court's final 16 approval regarding a revision of plat for Highlands 17 Ranch lots 48 and 49, volume 5, page 233, and this is 18 Precinct 1. 19 JUDGE POLLARD: Trying to build something 20 across the common lot land for those two? 21 MR. HASTINGS: Yes, that's exactly right. 22 JUDGE POLLARD: All right. Any further 23 comments or discussion. If not, is there a motion? 24 (Pause.) 25 MR. BELEW: I make a motion. 19 1 COMMISSIONER REEVES: I'll second it. 2 JUDGE POLLARD: Congratulations, that's your 3 first. 4 MR. BELEW: On the map. 5 JUDGE POLLARD: Any second? 6 COMMISSIONER REEVES: I'll second. 7 JUDGE POLLARD: It might have been 8 intentional here. 9 MR. BELEW: I'd bet it was. 10 JUDGE POLLARD: Yeah. It's been moved by 11 Commissioner Belew, seconded by Commissioner Reeves for 12 a final approval regarding a revision of the plat for 13 Highlands Ranch, lots 48 and 49 in volume 5, page 233. 14 All located in Precinct 1. Is there any further 15 discussion or question? There being none, those in 16 favor of Mr. Belew's motion, raise your right hands. 17 It's unanimous, four zero, unanimous. Thank you. 18 COMMISSIONER LETZ: Judge, we may want to 19 skip to 1.17 until we catch up time wise. 20 COMMISSIONER REEVES: We're moving too fast. 21 COMMISSIONER LETZ: We're going too fast, 22 these are all timed items. So the next un timed is 23 1.17. 24 JUDGE POLLARD: Un timed. Well, we already 25 ruled on it. Go ahead and declare it again? 20 1 COMMISSIONER LETZ: No. That was okay on 2 that one. I'm just saying before we go to those public 3 hearings we oughta go down to that one. 4 JUDGE POLLARD: Oh, I see what you mean. 5 Let's go to item 1.15, which is a timed -- 6 COMMISSIONER MOSER: 1.17. 7 JUDGE POLLARD: 1.17, which is consider, 8 discuss and take appropriate action to declare a portion 9 of the old Sunset Ranch Road located in Precinct 4 10 impassable and not accessible to emergency vehicles and 11 authorize the Road and Bridge Department to make 12 necessary repairs in accordance with this Court's order 13 number 29297. Commissioner Reeves. 14 COMMISSIONER REEVES: Yes, thank you. And 15 this is only the second time this issue's been brought 16 up since I've been on court, so I may have to rely on 17 the Commissioner Letz to get some background. 18 Basically, this is a court order passed in 19 August 2005, allowed that if a road that is not 20 maintained by Kerr County is in need of repairs in order 21 for emergency vehicles to access the area, then for one 22 time and one time only we can authorize the Road and 23 Bridge Department to go out and make the repairs. This 24 isn't to bring a road up to County standards, it is 25 going to be -- isn't going to be permanent maintenance. 21 1 None the less Jimmy Pool had made a visit out there, in 2 the backup is indication of what he's found. There's 3 been a couple questions of the Road & Bridge 4 Administrator and I've had, so I put this on the agenda 5 regarding the questions, and then we'll allow the Court 6 to make a determination after that. And I think she can 7 have something to say. 8 MS. HOFFER: Well, one thing that I do have 9 I have a survey drawing that Lee Voelkel did in February 10 of 2000, and off of State Highway 41, shows a 40-foot 11 wide private road and then this Sunset Ranch Road also 12 is listed in the 40 foot wide private road. I don't 13 know on the one time, but I was under the understanding 14 that that's for public access roads and not private 15 roads. Public access non-County maintained roads and 16 not private roads. 17 COMMISSIONER REEVES: These roads are 18 easements. When I went out there, there were no gates 19 prohibiting somebody to get through it. As far as the 20 Old Sunset Ranch Road, there is one road in there that 21 I've seen that you can, that says private road, do not 22 enter, and this isn't what we're talking about on this. 23 COMMISSIONER MOSER: So this is a public 24 access road. 25 MS. HOFFER: According to that it's a 22 1 private road. 2 COMMISSIONER REEVES: When you put it -- 3 there's no gates keeping John Q. Public from driving 4 down the road. So we got into discussion on Elm Pass 5 awhile back, and there were actually gates on the 6 private road. This is not a gated area were you can't 7 get in or you need a combination. 8 COMMISSIONER MOSER: So is it for access for 9 an individual? 10 COMMISSIONER REEVES: For a number of 11 individuals down that road, they have small properties. 12 COMMISSIONER MOSER: A number of them. 13 JUDGE POLLARD: How many individuals are 14 served down that road? 15 COMMISSIONER REEVES: That, I'm not sure. 16 JUDGE POLLARD: But there are multiple. 17 COMMISSIONER REEVES: There are multiple. 18 COMMISSIONER MOSER: And so it's never been 19 done before. 20 COMMISSIONER REEVES: To my knowledge this 21 one has not been done. Deputy Pool indicated even in 22 his Tahoe he would have problems getting back there. 23 COMMISSIONER MOSER: And so we've restricted 24 to one time. 25 COMMISSIONER REEVES: One time. One time 23 1 only. 2 COMMISSIONER LETZ: I guess the question 3 becomes whether it's public or private. I mean, you 4 know, I can have an open gate to my property, but it 5 doesn't mean it becomes a public road. I would defer to 6 the County Attorney whether we have the authority to do 7 it on a private non public road. Everything else, I 8 think there's the summary of our current policy was 9 accurate, a one time thing. It's just I think that 10 private issue that Kelly brought up, it's a little bit 11 of a concern going onto someone's private property and 12 repairing. Now it would be interesting to -- Mr. 13 Voelkel is here, I believe. 14 MR. VOELKEL: Yes, Sir. 15 COMMISSIONER LETZ: Did you pull the deeds 16 and is there -- 17 MR. VOELKEL: I haven't looked at it 18 recently and so I'm not really sure what she's referring 19 to. Is it an older survey or something recent? 20 COMMISSIONER LETZ: You don't remember all 21 the work you've done for the last 20 years? 22 MR. VOELKEL: Yes, I do. 23 JUDGE POLLARD: Well, as a general rule the 24 County cannot work on a private road. In fact it's a 25 criminal offense, as I understand. But this statute may 24 1 give us an exception to do that if there's an emergency 2 like this, on a one time basis. 3 MRS. STEBBINS: It's not a statute; it's a 4 Kerr County policy that was adopted in 2005. 5 COMMISSIONER REEVES: Might I suggest then, 6 if County Attorney could review this, and we'll pass on 7 it today, pending legal approval, and then bring it back 8 at the next meeting regardless so we can discuss it. 9 MRS. STEBBINS: Okay. 10 COMMISSIONER LETZ: That's a good idea. 11 COMMISSIONER MOSER: That's a good idea. 12 MS. HOFFER: My only concern is if we do 13 that, are we going to start and doing one driveway back 14 to somebody's property, and things like that. 15 COMMISSIONER REEVES: And well and it is 16 very possible a number of these could come up in the 17 future, and we oughta spell it out, and at least 18 amending our policy if this is not the kind that's 19 permitted. 20 COMMISSIONER LETZ: Right, I agree. 21 COMMISSIONER REEVES: If it's okay with the 22 Court I'd like legal to review it, and we'll act on it 23 in two weeks. 24 JUDGE POLLARD: Is that agreeable with 25 everybody? 25 1 COMMISSIONER MOSER: Yes. 2 JUDGE POLLARD: Harley? 3 COMMISSIONER BELEW: Yes. 4 JUDGE POLLARD: Okay, we agree to pass that 5 now and bring it up later. All right. 6 COMMISSIONER REEVES: We can do any 9:20's? 7 JUDGE POLLARD: All right. At 9:20 a.m. we 8 have item 1.10 -- 9 MRS. MOUSER: 1.9. 10 JUDGE POLLARD: 1.9, I'm sorry. Conduct a 11 public hearing for a revision of plat for Panther Creek 12 Estates, lots 3, 6 and 7, file number 16-4242 in 13 precinct 4. I declare the public hearing open. Is 14 there anyone wishing to speak on this issue? There 15 being no one, I declare the public hearing closed. 16 Let's go to item 1.10 public hearing 17 regarding the naming of a private road "Blue Quail Lane 18 North" in Precinct 2. Is there -- I declare the public 19 hearing open. Is there anyone wishing to speak at this 20 public hearing? 21 MRS. SCHMIDT: Yes, Sir, I would. 22 JUDGE POLLARD: Yes, Ma'am. 23 MRS. SCHMIDT: I'm Peggy Schmidt, 1065 Spur 24 100, that's my road. Y'all have okayed it, and it's 25 been in the paper and it's been posted, but we would 26 1 just like to wait a little while to rename that road if 2 that's okay with you. 3 COMMISSIONER LETZ: Wait -- 4 MRS. SCHMIDT: Just a little while. Like a 5 little while. Not go further right at this moment. 6 COMMISSIONER LETZ: Is that on the agenda to 7 do it today? 8 COMMISSIONER MOSER: No. This is just a 9 public hearing. 10 COMMISSIONER LETZ: Okay. 11 MRS. SCHMIDT: Is that all right with you? 12 JUDGE POLLARD: Well, you stated your 13 wishes, thank you very much. 14 MRS. SCHMIDT: And then I can just come back 15 and ask you, okay, thank you. 16 JUDGE POLLARD: Yeah. 17 COMMISSIONER MOSER: Put it on the agenda. 18 Let us know when you want us to put it on the agenda. 19 MRS. SCHMIDT: Yes, Sir. Thank you. 20 JUDGE POLLARD: All right. We'll do -- is 21 it 9:25, or close enough for government work? 22 COMMISSIONER REEVES: Why don't we let Mr. 23 Bauer give his report. I'm sure he doesn't mind going 24 early and then we'd be caught up with everything. 1.13. 25 JUDGE POLLARD: All right, on 1.13 report 27 1 from the Hill Country District Junior Livestock Show 2 Association regarding upcoming event. Mr. Steve Bauer. 3 I notice that that's spelled with a V, Steve. 4 MR. BAUER: Well, the short version is, the 5 official one that we had to address the other day, 6 Judge, is P-H-E-N, yes, Sir. 7 Good morning, Judge -- 8 JUDGE POLLARD: I just happen to remember. 9 Good morning, Sir. 10 MR. BAUER: Thank y'all very much for the 11 opportunity to come before ya and give you a little 12 report on the Hill Country Junior District Livestock 13 Show. In case you hadn't noticed it's right around the 14 corner. We're going to kick it off -- the show this 15 year runs between January the 15th and ends on January 16 24th -- 21st, excuse me, with our sale on Saturday. 17 We'll start Sunday bringing in gilts. On 18 Monday we have the gilt -- the District gilt show and 19 the angora statewide show. Tuesday we have our Ag Mech 20 show. And many of you have been out to see that, it's a 21 typically a little bit different from the typical stock 22 show. We invite you to come out and see that. 23 Wednesday we have our breeding sheep show, which is now 24 a statewide show as well. On Thursday we have our 25 County market shows. On Friday is the big day, we have 28 1 our District market shows. And then we close and bring 2 this together, and pay the kids off with the sale on 3 Saturday. We invite you to come out for that as well. 4 This show as we've talked about before is an 5 all voluntary organization. There is not a person on 6 payroll of any kind. This is all volunteers within this 7 community and some of the surrounding communities as 8 well. They come together and put this show together and 9 have for 73 years. 10 JUDGE POLLARD: And there are a lot of 11 volunteers, about how many? 12 MR. BAUER: A lot of volunteers. There's in 13 excess of a hundred, about a hundred and 25 volunteers. 14 JUDGE POLLARD: That's fantastic. 15 MR. BAUER: So without that volunteer force, 16 none of this would be possible and they give their time, 17 a lot of those folks take vacations and stuff during 18 upcoming week to make this all happen. It continues to 19 grow, like I said, we have now three statewide shows; 20 we're no longer just a District show. We have the 21 angora goat show, which has been statewide for many 22 years, we have expanded with the breeding sheep show 23 being statewide, and our Ag Mech show are statewide. 24 We've also expanded the gilt show, we had room, so we 25 have expanded that outside the District and invited some 29 1 more counties and continue to see that grow. This year 2 in our County show we will have 246 exhibitors. They 3 will exhibit 585 entries. In our District show there 4 will be 1381 exhibitors, exhibiting 3,346 entries. 5 That's an increase of a 153 entries, so like I said we 6 continue to grow and be successful, and in supporting 7 these kids, our future, in agriculture, business 8 leaders. We see these kids come back to this community, 9 many of them are volunteers for us out there, but many 10 of them are professionals and workers in this community 11 and come back to support us, and that's what we're about 12 is supporting them and hoping to make them more 13 successful down the road. Not only with this show but 14 also with our scholarship program we've talked about 15 many times. We also support these kids with scholarship 16 programs down the road as well. The wonderful facility 17 that we hold this in, again we thank the Commissioners' 18 Court, and the County for all their support. 19 JUDGE POLLARD: And the citizens. 20 MR. BAUER: And the citizens, exactly. We 21 thank maintenance. When we have a problem, we can call 22 on them, their support. We thank Spectra, Jake 23 Williamson has worked very well with us and got it put 24 together and we thank him for his support as well. 25 There's a couple of improvements that the 30 1 organization, the association, has made this year and I 2 want to draw your attention to them and invite you to 3 come out and look at those. Those of you that were 4 spectators or have been spectators out there, there were 5 two large bleachers out there, wooden bleachers with a 6 metal frame. They no longer are there. They have been 7 replaced by state of the art aluminum bleachers, 8 increasing the number of people that can sit there as 9 well. So that was done through grants and fund raising 10 of the association. A safety issue is what we were 11 looking at, there was no rail or anything around the top 12 of those other bleachers, and now there is, so we feel 13 comfortable and safer with our spectators being up 14 there, and we invite you to come out and help us fill 15 those bleachers and watch those kids during that. 16 The other thing like I said, we -- two other 17 things. We have increased or improved our technology 18 with the grant, updated our computer systems and the 19 like for the show itself. The other big change that 20 you'll see is Saturday, when you walk into the Youth 21 Event Center or the Event Center where our sale is, 22 there's been a sale block in there that we have put 23 together and has taken many man hours to put together, 24 and it's quite a labor intensive process. No longer. 25 We have got a brand new sales ring. It is all self 31 1 contained on a trailer, folds up, unfolds. It's larger, 2 state of the art, built by Hill Country Iron Works here, 3 John Forrester here in town, and committee of Jim 4 Behrens, Eric Lantz, Mark Dunning, and Bobby Balser from 5 our committee has worked very hard on getting that put 6 together for a number of years, makes it a lot easier. 7 It's a very nice showcase, because we're showcasing 8 those kids and their projects at that time to this 9 community and those buyers so we wanted the best that we 10 could for those kids. And we feel that we've got it 11 with this new sale ring. And we're proud of that and 12 we invite you to come out. If you'd like to participate 13 as a buyer, we welcome you. Contact myself, some of the 14 other people. Like I said we're supporting these kids 15 and their future. They go to school on this, they buy 16 their next year's projects. This is how they begin to 17 learn and manage their money, responsibilities, 18 horsemanship, a lot of things, a lot of learning comes 19 out of this. 20 Kickoff this Friday morning, invite you back 21 here on courthouse square, six o'clock in the morning. 22 Bundle up a little bit. Set that alarm clock a little 23 earlier. Join us for the cowboy breakfast, that's our 24 kickoff. I think there's a new Commissioner among the 25 Court that's going to have to change gears this year. 32 1 Going to have to learn out how to throw the cow chips 2 instead of milking the goats. 3 COMMISSIONER BELEW: Yeah, I am. 4 MR. BAUER: But we do invite you to come 5 out. Let's kick this thing off and everything like 6 that. It is this year being put on by the Kerrville's 7 Convention and Visitors Bureau. They have done a 8 wonderful job, Charlie McIlvain putting this together. 9 Thank you very much. We look forward to 10 seeing you. Come out. Thank y'all. 11 COMMISSIONER MOSER: Thank you. 12 JUDGE POLLARD: One other question, I'm 13 trying to remember is this the 4th or 5th largest stock 14 show in the State of Texas? 15 MR. BAUER: It's claimed as the 5th largest 16 Junior livestock show, and that's Junior. That means 17 that all these kids are still in high school. Still 18 active in 4-H or FFA. So we're proud of that, it's been 19 toted everywhere. 20 JUDGE POLLARD: Has there be an estimate of 21 how many people come to Kerr County supporting those 22 kids? I mean they bring their grandparents, and their 23 brothers and sisters, and aunts and uncles and all of 24 that, and they come spend a lot of money here in Kerr 25 County, and that's a great benefit to the business 33 1 community and to this County, isn't it? 2 MR. BAUER: It is. And we've been told this 3 is the largest event during the month of January, which 4 is typically a pretty quiet month, as far as activities 5 and events in Kerr County. So this generates income for 6 the hotels, the restaurants, the businesses, and there 7 have been some economic studies, I do not have those 8 numbers to share with you. 9 JUDGE POLLARD: I bet Charlie has them. 10 COMMISSIONER MOSER: I think Charlie 11 McIlvain has those. 12 JUDGE POLLARD: It is a great benefit for 13 Kerr County and to the business community here. Thank 14 you very much. 15 COMMISSIONER MOSER: Thank you. 16 COMMISSIONER REEVES: I'd like to point out 17 that the shock show, we know contributed a large part to 18 the building and the pens. They continue every year 19 adding equipment, bleachers, what have you, that is 20 getting used as Spectra is marketing the event. But I 21 know just from past history over past five or six years, 22 the stock show has put well over a million dollars into 23 that facility out there themselves. So -- 24 MR. BAUER: Because we value the 25 relationship we have with y'all and with Spectra. 34 1 JUDGE POLLARD: We value it, too. 2 MR. BAUER: Thank y'all very much. See you 3 out there. 4 JUDGE POLLARD: All right. Let's go to item 5 1.11, which is a timed item for 9:25, consider, discuss 6 and take appropriate action for the Court to set a 7 public hearing regarding the installation of one yield 8 sign at Albrecht Road East and Center Point Drive East, 9 Precinct 2. Kelly Hoffer. 10 MS. HOFFER: On December 10th, 2016, 11 Patricia Higgins contacted Commissioner Moser regarding 12 something additional signage at the intersection of 13 Albrecht Road East and Center Point Drive East. One of 14 the requests was for a yield sign, which is a regulatory 15 sign and must have a public hearing and a Commissioners' 16 Court approval in order to be installed. 17 So at this time, I ask the Court to set a 18 public hearing regarding the installation of one yield 19 sign at Albrecht Road East and Center Point Drive East, 20 for Monday, February 13th, 2017 at 9 a.m. in Precinct 2. 21 COMMISSIONER MOSER: So move. 22 COMMISSIONER REEVES: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Moser and seconded by Commissioner Reeves to set a 25 public hearing for January the 17th(sic), 2017 -- at 35 1 what time? 2 MS. HOFFER: 9 a.m. 3 JUDGE POLLARD: 9 a.m. Is there any 4 further -- for the purpose of scheduling that hearing, 5 all right. Is there any further discussion or comment 6 on that? There being none, those in favor of the motion 7 signify by raising your right hands. It's four zero, 8 unanimous. Thank you very much. 9 Item 1.12 consider, discuss and take 10 appropriate action for the Court's final approval 11 regarding a revision of the plat for Panther Creek 12 Estates, lots 3, 6 and 7, file number 16-4242. All 13 situated in Precinct 4. Mr. Hastings. 14 MR. HASTINGS: Thank you. The owner of lots 15 3, 7 and 7, Panther Creek Estates, file 16-4242, wishes 16 to modify each of the named lots, mainly to accommodate 17 better access off of Gene Walker Trail for lot 7 due to 18 the steep grade in the area of the cul-de-sac. Lots 3, 19 6 and 7 are currently 21.77, 12.50 and 15.20 acres 20 respectively. Lots 3A, 6A, and 7A will become 21.74, 21 12.50, and 15.23 acres respectively. The lots will be 22 served with individual water wells, OSSF, and they meet 23 all minimum subdivision standards. 24 And we had a public hearing today and the 25 County engineer is requesting the Court's final approval 36 1 regarding the revision of plats for Panther Creek 2 Estates, lots 3, 6 and 7, file number 16-4242 in 3 Precinct 4. 4 COMMISSIONER REEVES: Mr. Hastings, as I 5 recall these are in the back -- 6 MR. HASTINGS: Yes, Sir. 7 COMMISSIONER REEVES: -- of that. And as 8 you said, the primary purpose is for better access to 9 that? 10 MR. HASTINGS: Correct. 11 COMMISSIONER REEVES: Because of the 12 terrain. I move for approval of the agenda item. 13 COMMISSIONER LETZ: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Reeves, seconded by Commissioner Letz for approval of 16 the revision of plat for Panther Creek Estates Lots 3, 17 6, and 7 situated in Precinct 4, and that's file number 18 16-4242. Is there any further discussion or comment? 19 There being none, those in favor of the motion signify 20 by raising your right hands. It's four zero, unanimous. 21 Thank you, Mr. Hastings. 22 MR. HASTINGS: Thank you. 23 JUDGE POLLARD: Item 1.14. Consider, 24 discuss and take appropriate action to authorize the 25 Road and Bridge Department to place mini speed humps on 37 1 Mosty Lane and Second Street in Precinct 2. 2 Mr. Hastings. 3 MR. HASTINGS: Thank you. The intersection 4 of Mosty Lane and Second Street has limited sight 5 visibility due to the extremely close proximity of 6 existing buildings to the edge of the road. The 7 buildings are within two feet of the edge of the road, 8 and Mosty Lane is 18 feet wide, so is Second. In 9 addition, the right-of-way for Mosty Lane is 10 prescriptive, and both sides of the road are owned by 11 the Mosty family who have used the road in their tree 12 and plant nursery operation for decades, and possibly a 13 century. The commercial operation -- 14 JUDGE POLLARD: It has been a century. 15 MR. HASTINGS: I think it has. The 16 commercial operation consists of pedestrian, equipment 17 and vehicles crossing Mosty Lane to access buildings 18 that are on the edge of the road. This has created a 19 unique safety concern where the use of mini speed humps 20 placed on the road surface can serve to create a safer 21 corridor for the traveling public on Mosty Lane and it's 22 intersection with Second Street, and is supported by 23 Constable Precinct 2, Charlie Hicks. 24 The County Engineer requests that the Court 25 authorize the Road and Bridge Department to place mini 38 1 speed humps on Mosty Lane and Second Street at a cost of 2 $1,377.00 from N-Line Traffic Maintenance Company out of 3 line item 15-612-599. That's the contingency line item 4 for the Road and Bridge Department, Precinct 2. I've 5 cleared this through Kelly, the Road Administrator. 6 That's where we came up with the line item, and this is 7 a request to purchase the mini speed humps. They come 8 in sections, they get put together in sections. Each 9 section ways 33 to 36 pounds. They're made of a very 10 tough rubber, and we feel like this would be the best 11 way to do this. If for some reason they need to be 12 modified, they can be unscrewed, unbolted and relocated 13 and adjusted. We have looked at this from a traffic 14 standpoint, we have looked at this from pedestrian 15 safety and drainage on the road as well, and we feel 16 this is the way to go. 17 COMMISSIONER MOSER: Comment on that. That 18 is I think the operative word is lanes, I mean that's 19 really what it is. You'd think it was a driveway. So I 20 move for approval. 21 COMMISSIONER LETZ: Second. 22 JUDGE POLLARD: Has the Mosty family been 23 consulted about this? 24 MR. HASTINGS: Yes. 25 COMMISSIONER LETZ: They requested it. They 39 1 requested it, or they requested that we look at 2 something because of safety concerns. They didn't say 3 what, they just said -- 4 JUDGE POLLARD: All right. It's been moved 5 by Commissioner Moser, second by Commissioner Letz to 6 authorize the Road and Bridge Department to place mini 7 speed humps on Mosty Lane and Second Street in Precinct 8 2 at a cost of $1,377.00, is that right? 9 MR. HASTINGS: Yes, Sir. 10 JUDGE POLLARD: Is there any further 11 discussion about the motion or comment? 12 MR. BELEW: I have a question. Is that just 13 the materials, Charlie? 14 MR. HASTINGS: That's just the materials. 15 Road & Bridge crews would make the installation. 16 JUDGE POLLARD: Any further questions or 17 comments? There being none, those in favor of the 18 motion signify by raising their right hands. It's four 19 zero, unanimous. Thank you. 20 Item 1.15 consider, discuss and take 21 appropriate action for the Court's final approval to 22 install one TxDot approved trash can, a pedestrian 23 traffic only sign and a pole and wood barricades at the 24 south end of Indian Creek bridge, all in Precinct 4. 25 Commissioner Reeves and Kelly Hoffer. 40 1 MS. HOFFER: Commissioner Reeves, Robert 2 Sims, one of the Road and Bridge supervisors, and I met 3 on December 15, 2016 at the south end of the Indian 4 Creek bridge. Commissioner Reeves would like to install 5 one TxDot approved trash can, one pedestrian traffic 6 only sign and pole, and three wood barricades. We feel 7 this will help with the trash situation at this 8 location, and also control the vehicular traffic onto 9 the old bridge structure. Kerr County Maintenance 10 Department will be responsible for the pick up of trash 11 from this location. Prior to start of this project 12 Charlie Hastings, the Engineer and Floodplain 13 Administrator will process a floodplain permit for the 14 project. 15 At this time we ask the Court for the final 16 approval to install one TxDot approved trash can, one 17 pedestrian traffic only sign and pole, and three wood 18 barricades on the south end of the Indian Creek bridge 19 in Precinct 4. 20 COMMISSIONER REEVES: Just a comment, that 21 the sign and the barricades is not because there's an 22 excessive use of cars going on the old bridge, but the 23 day Mr. Sims and Kelly and I were out there, you could 24 see some tracks in the water. And we feel because of 25 the age of the bridge prohibiting vehicles on it would 41 1 be the best safety intended, and the trash is self 2 explanatory. It's just we're trying to keep our river 3 and the banks as clean as possible, and allow for the -- 4 it's a good recreation area, and allow for continued 5 recreation of our citizens on that part of the water. 6 So I move for approval. 7 COMMISSIONER LETZ: Second. 8 JUDGE POLLARD: Been moved by Commissioner 9 Reeves, seconded by Commissioner Letz, for the Court to 10 approve the installation of one TxDot approved trash can 11 one pedestrian traffic only sign and pole, and three 12 wood barricades at the south end of the Indian Creek 13 bridge, all situated in Precinct 4. Is there any 14 further discussion or comment or question? 15 COMMISSIONER LETZ: Question. There's 16 access on the north end of the bridge? 17 COMMISSIONER REEVES: From the City of 18 Ingram side it's physically, you can; conveniently, no 19 from the city's side. 20 COMMISSIONER LETZ: I was just -- 21 COMMISSIONER REEVES: But it's in the City 22 of Ingram limits as well. 23 COMMISSIONER LETZ: I think it's a good idea 24 to keep vehicles off the bridge. 25 MS. HOFFER: I think the access from that, 42 1 and is a lot more difficult because you've kinda got a 2 wide section on the south end where to me, I -- I can't 3 imagine somebody on the other end accessing it from that 4 side. 5 COMMISSIONER LETZ: All right, thank you. 6 MS. HOFFER: Never say never. But I would 7 choose the south end if I were to go do it myself. 8 JUDGE POLLARD: All right, if there's no 9 further question or comment those in favor of the 10 motion, signify by raising your right hands. It's four 11 zero, unanimous. Thank you. 12 Item 1.16 consider, discuss and take 13 appropriate action for the Court's final approval to 14 name Private Road Prosperity Lane East, in Precinct 2. 15 Kelly Hoffer. 16 MS. HOFFER: Philip Spain applied through 17 the 911 office 11-14-2016, to name an unnamed private 18 road Prosperity Lane East in Precinct 2. TxDot has 19 approved the access point off of Highway 27, and I have 20 included that in the backup data. 21 At this time I ask the Court for the final 22 approval to name this private road Prosperity Lane East 23 in Precinct 2. 24 COMMISSIONER MOSER: So move. 25 JUDGE POLLARD: Wishful thinking, hu? 43 1 COMMISSIONER LETZ: Second. Is this where 2 the big sign is? 3 MS. HOFFER: I don't know. 4 COMMISSIONER REEVES: Where is this, Tom? 5 MS. HOFFER: Up by J.J. Lane. 6 COMMISSIONER LETZ: Yeah, it's where that 7 big sign is. I mean there's a huge -- I mean huge 8 red -- I guess it's going to be a sign, it may be a 9 monument. I'm not sure what it is. It's a huge thing 10 there right passed J.J. Lane. 11 JUDGE POLLARD: Depends on the Prosperity. 12 All right. Let's see it was moved by who? 13 COMMISSIONER MOSER: Me. 14 COMMISSIONER LETZ: I seconded. 15 JUDGE POLLARD: Commissioner Moser and 16 seconded by Commissioner Letz for the Court's final 17 approval to name the private road Prosperity Lane East 18 in Precinct 2. Is there any further comment or 19 discussion? There being none, those in favor of the 20 motion signify by raising their right hands. It's four 21 zero, unanimous. Thank you. 22 Going to 1.18 now. Consider, discuss and 23 take appropriate action to authorize Kerr County Road & 24 Bridge Department to haul various types of dirt and 25 other fill materials from the Kerr County jail expansion 44 1 project. Such material to be used in future Road & 2 Bridge projects. Commissioner Reeves. 3 COMMISSIONER REEVES: Yes, Sir. The Sheriff 4 made me aware of this middle part of last month that 5 there was a large amount of material that has been 6 excavated for the new jail site. It was about to be 7 hauled off whether we did it or our contractor did it at 8 a cost. I mentioned to Road and Bridge and Joe Biermann 9 went out there, and Kelly can help fill in on it. But 10 the material out there can be used on other projects, be 11 a cost to the County for labor and fuel to haul it, but 12 rather than having to go purchase it, we might as 13 well -- 14 JUDGE POLLARD: A savings for the County on 15 the other end. 16 COMMISSIONER REEVES: -- utilize material 17 that we have. Kelly or Sheriff, do you have anything to 18 add to that? 19 MS. HOFFER: No. Some of it is very usable 20 material. The other wouldn't probably be anything that 21 we would use for any kind of road work, but we may have 22 some areas up at the Ingram yard fill areas for that 23 where we've got some low spots, but part of it is very 24 usable material. And part of it we would consider trash 25 material, but we probably have a use for it. 45 1 COMMISSIONER REEVES: And as you said, at 2 times this flooding, where you just needing to get 3 something in the area down to make the road temporarily 4 passable. So I move for approval of the agenda item. 5 COMMISSIONER MOSER: Second. 6 JUDGE POLLARD: It's been moved by 7 Commissioner Reeves, seconded by Commissioner by 8 Commissioner Moser for approval of the Kerr County Road 9 and Bridge Department to haul the dirt and fill from the 10 Kerr County jail expansion project to some location on 11 County property to be used later for -- as needed by the 12 County on various projects to repair roads or whatever. 13 Is there any further comment or discussion on this 14 matter? There being none, those in favor signify by 15 raising your right hands. It's four zero, unanimous. 16 Thank you very much. 17 COMMISSIONER MOSER: We got a 9:45, 1.22. 18 JUDGE POLLARD: We got a timed item at 9:45, 19 so item 1.22 consider, discuss and take appropriate 20 action to approve a Resolution supporting efforts to 21 preserve night skies. Mr. Jim Wills. How are you 22 today? 23 MR. WILLS: Excellent. Thank you very much. 24 JUDGE POLLARD: Mr. And Mrs. Jim Wells. 25 MRS. WILLS: An assistant, right. 46 1 MR. WILLS: If you'll give us just a second, 2 we're going to show a few slides and hook up to your 3 monitors here. 4 (Off the record.) 5 MR. WILLS: I'm sorry that everybody can't 6 see. I guess we'll have to look sideways. Anyway, good 7 morning. Thank you for letting us come again. Katie 8 and I are simply citizens who've become concerned about 9 light pollution in the Hill Country, and in our County, 10 and as a way to help illustrate that we have some slides 11 that we wanted to show you. 12 Can you go ahead and show the first one. 13 MRS. WILLS: Can you see it? 14 MR. WILLS: No. 15 MRS. WILLS: Because I can't see what you're 16 seeing. Oh, a frog man, that's not good. 17 (Off the record.) 18 MR. WILLS: But we may as well start with a 19 interesting example of light pollution right here where 20 we are. This picture was taken by a gentlemen who works 21 for a wonderful organization, the UBarU Ranch is the 22 only private -- a night sky accredited organization in 23 the entire United States. It's up in -- near here in 24 Mountain Home, and what you're seeing here is from 13 25 miles away, Roy Elzer(phonetic) took a picture back 47 1 towards Kerrville 13 miles and you can see the light 2 from Kerrville there. So it is kind of lighting up the 3 sky. 4 Okay, this is kind of a brief history of 5 what light pollution has looked like in the entire 6 United States. You can see this is a fairly current one 7 of just the states. Okay, Katie. Amount of people in 8 our country who can't even see the Milky Way anymore and 9 that's a pretty high figure, about 80 percent. We 10 certainly can't see it here in Kerrville at night. 11 Okay. This is Texas and the circle right there is on 12 Kerrville. You can see that we literally are right to 13 the edge of night. San Antonio, Austin and the rest of 14 it Houston part of the State is a real problem. 15 (Off the record.) 16 MR. BENJAMIN TOLL: That one will not work 17 with this laptop. 18 MR. WILLS: Good answer. Population growth, 19 and particularly LED lighting has accelerated light 20 pollution, and we've got some examples we can show you 21 right here in town. Okay. 22 MRS. WILLS: But it's easily reversed. 23 MR. WILLS: Right, thank you. Light 24 pollution is not like anything any other, it can be 25 pretty easy to reverse. The impact can be safety 48 1 issues, health, a real economic situation for us and 2 over all quality of life. 3 Unshielded fixtures that create glare and 4 splatter light everywhere make a property less safe. 5 This is something that U.S. military is paying real 6 attention to all over the world. Okay. 7 Here's a couple of examples kind of before 8 and after. You can see that glare from the way that 9 light is mounted right there distorting all the figures 10 in that area. And next -- 11 MRS. WILLS: Which is called glare. 12 MR. WILLS: Which is called glare, thank 13 you. And look how much better that is there. Go ahead. 14 Health hazards are even becoming a part of the intention 15 of the American Medical Association particularly about 16 how strong these LED lights are and they're too blue, 17 and -- 18 MRS. WILLS: And there's a blue and white 19 right there. (Pointing.) 20 MR. WILLS: There's a blue and a white right 21 there. 22 COMMISSIONER MOSER: Can I ask a question on 23 your previous -- that was just shielding as opposed to 24 the type of lighting, correct? 25 MR. WILLS: Yes, that's right. 49 1 COMMISSIONER MOSER: Could you also do the 2 same type of shielding with LED's? 3 MR. WILLS: Oh, yes definitely. 4 COMMISSIONER MOSER: Okay. 5 MR. WILLS: We can do shielding, but 6 sometimes even with that LED's if they are particularly 7 warm, and of high kelvin area can still be excessively 8 bright. 9 COMMISSIONER MOSER: Okay thank you. 10 MR. WILLS: Okay, thank you. 30 percent of 11 outdoor lighting is wasted, and I'll show you some 12 examples of that in just a second. Costing it says here 13 2.2 billion annually in the United States. 14 The affects of tourism is something we 15 really need to be concerned about. Because of how you 16 know people come to the Hill Country, and certainly the 17 Kerrville area to appreciate a number of things. The 18 beauty, a lot of hunting activity, wildlife. There's 19 getting more and more astronomy buffs, okay. Now, this 20 is to give you some examples that are right here and I 21 mentioned this at a previous time, this is Wendy's, 22 those lights are not shielded, they're extremely 23 powerful LED lights. Katie and I live a full mile up 24 Mount Wesley behind this restaurant, and yet those 25 lights are a mile away. Completely light up anybody 50 1 around my house when you're there at night. It's made 2 it difficult to even appreciate trying to look at skies. 3 Sonic is right across the street, McDonalds is just down 4 to the right. I've written these people and asked them 5 if they could at least dim the lights down and put a 6 shield on them. Nobody has responded. I guess 7 eventually it will take some ordinances to take care of 8 that. 9 This is another example. This is not local, 10 but just look at how bright that is. No shielding, a 11 lot of wasted light going up into space. These are the 12 lights -- on the left is right near our house on Vesper 13 Drive. That's that wonderful old amber light that's 14 shielded. We really love those. The City, KPUB 15 recently had to come replace one of those just down the 16 hill from my house and that light is so bright when you 17 walk under it at night you get the feeling that aliens 18 are going to come down on top of you. It's amazing. 19 You have to be shielded just to walk under the light. 20 So this is again, what we're trying to 21 achieve here is our lighting will be -- have a shield, 22 be facing down, get rid of glare and that upper waste 23 that we saw on the restaurants. 24 MRS. WILLS: And the bright blue white light 25 like we're seeing there. 51 1 MR. WILLS: That outdoor lighting issue, sky 2 glow, the glare we've already talked about, light 3 trespass. Light trespass happens among neighbors and 4 whether it's lighting our houses, the timing, sometimes 5 these things stay on all night long. We've got somebody 6 right here in the audience was complaining with some 7 lighting like that near where he lives. 8 Katie. Color temperature is very important. 9 You're trying to stay under -- these figures may not 10 mean anything to us, we've had to try to learn about 11 them ourselves, but kelvin is a measure of the intensity 12 and color of these lights. If we can stay 27 hundred or 13 a little bit below that we're in pretty good shape. But 14 a lot of the lights particularly some of the LED's are 15 somewhere around four thousand. It's creating havoc, 16 okay, a lot of people are already complaining about 17 that. 18 MRS. WILLS: And the sleep issues and things 19 like that from that, yeah. 20 MR. WILLS: Yes. How to protect our 21 beautiful night skies. There's the Milky Way, which 22 we're having difficulty seeing. Aim lights down, shield 23 every light, reduce the amount of light by the kelvin 24 power, and use lighting only when it's needed. And 25 there's all of these names that you see here are 52 1 individuals or businesses or organizations that can help 2 us with this. Not just business owners, but community 3 lighting, and County lights. Look at the difference 4 here in the service station at the top. A lot of glare. 5 We have even read that sometimes when you leave one of 6 these facilities at night and because of the glare, it 7 can be a little risky even trying to pull out onto a 8 busy highway. Down below you see how well lit that 9 station is after changes were made. 10 MRS. WILLS: Your eyes can't adjust quickly 11 enough from bright to dimmer, so it can be a safety 12 issue. 13 MR. WILLS: So here's another example on the 14 left of lights that are not shielded, they're shining up 15 into the sky, like the ones on the restaurants that I've 16 showed you. On the right, would be the ideal that we're 17 looking for. You can see that we get a much better view 18 of our night skies. On some of the literature that I've 19 given you earlier, you'll see these are nonconforming 20 light fixtures, basically unshielded, and I think I gave 21 you a copy, Mr. Belew, of that brochure since you're 22 new. And these are the ones that are shielded. You can 23 actually purchase these in many cases, locally. These 24 are all certified by the International Dark Sky 25 Association, okay, upgrading your street lighting or 53 1 building facilities with a lot of outdoor lighting. 2 Choose the right light. That's what we're striving for. 3 These new LED's can last from ten to twenty years. And 4 so we're hoping that the ones that are being installed 5 will be able to use the right ones. Because we know 6 that they're going to be there for quite awhile. 7 MRS. WILLS: Because the look of the 8 community and the County can really change from our 9 beautiful warm inviting community, to the prism lighting 10 that we have coming our way. 11 MR. WILLS: We've even heard of some cities 12 that have installed LED's and the public was so outraged 13 that they had to go back and buy some different ones to 14 take care of that, fully shielded color temperature 15 below 32 hundred kelvin. 16 There's a couple coops that we're all 17 familiar with CTEC and Pedernales, they're moving 18 forward with night sky friendly lighting. And we've got 19 an appointment this afternoon with KPUB here in town so 20 we can get a better feel for what they're doing and what 21 their plans are to try to deal with this issue. 22 These are Hill Country communities that have 23 Resolutions, which we'll be talking about in just a 24 moment. The names of those are a lot of our wonderful 25 neighbors. Just like that have been concerned about 54 1 this, lighting ordinances. Actually this is an older 2 slide. I believe there's now 9 Hill Country counties 3 that actually have lighting ordinances. 4 MRS. WILLS: These are communities. 5 JUDGE POLLARD: These are communities; not 6 counties. 7 MRS. WILLS: Counties are coming up here in 8 just a minute. 9 MR. WILLS: We'll have to see what is going 10 to happen in the legislature that County ordinances can 11 get involved in the situation. And these are agencies 12 right here in the Hill Country. You may be familiar 13 with all of those. Enchanted Rock is particularly 14 wonderful, and Resolutions already, and they're part of 15 a big question there is can we do that here with you 16 folks in Kerr County. 17 MRS. WILLS: Today. 18 MR. WILLS: Today. So better lights for 19 starry skies. Our question is, I guess you had a chance 20 maybe to look at the Resolution, can we get your 21 signatures on that? 22 COMMISSIONER MOSER: Let me ask you a 23 question, if I may. 24 MR. WILLS: Yes, Sir, Mr. Moser. 25 COMMISSIONER MOSER: On the Resolution, 55 1 reads now therefore, be it resolved that Kerr County 2 Commissioners' Court supports outdoor lighting fixtures 3 and practices that follow up-to-date suggested 4 guidelines and use available technologies for efficient, 5 cost effective, nonintrusive lighting. Kerr County 6 supports helping educate and encourage landowners, 7 businesses, resident communities and public entities to 8 join this commitment to reduce energy consumption, save 9 money, reduce light pollution and protect the health and 10 wellbeing of wildlife and people. 11 MR. WILLS: Yes. 12 COMMISSIONER MOSER: There's a couple of 13 things in there, it says we're going to help educate, I 14 don't know that -- 15 MR. WILLS: Wonder how you're going to do 16 that. 17 COMMISSIONER MOSER: Don't know how we're 18 going to do that, number one. 19 Number two, you know, if we just -- we 20 looked at -- if we changed lighting in the County to 21 LED, forget the kelvin, I think you can stay below 22 whatever you're saying for 27 hundred kelvin or 23 whatever, but we can save like 75 thousand a year in 24 electricity cost just in electricity cost. 25 MR. WILLS: Yes. 56 1 COMMISSIONER MOSER: Estimated. By going to 2 LED lights over conventional lighting we have now. So 3 if we sign on to something like that, this is something 4 say we don't want to do that. We don't want to save tax 5 payers 75 thousand. 6 MRS. WILLS: No. Actually, we are in 7 support of LED. LED is the way. But it's more the type 8 of LED that's the issue, the warmth of it, the kelvin -- 9 COMMISSIONER MOSER: So if it's just 10 shielding -- I agree with you. And I guess if we also 11 approve this, you know, I've talked against myself, but 12 this County violates a lot of this stuff, I mean a 13 bunch. 14 MRS. WILLS: This would be a coming 15 development. 16 COMMISSIONER MOSER: Yeah. Lights at the 17 ball field, the little league field can be changed, I 18 mean you gotta light up the field, but also some of them 19 are really a hazard on the highway. 20 MR. WILLS: We've heard that. Because at 21 the new fields -- 22 COMMISSIONER MOSER: Right. So anyway, just 23 let me say I think we have to be careful in doing this. 24 If we sign this if our intentions are to do this, then 25 we need to do take some action ourself. We don't have 57 1 to do it immediately, but I certainly would -- I live 2 outside the City, and I can see the Milky Way. But if I 3 look toward the City, you know, I see what you see. So 4 I strongly support what you recommend. There's things 5 to be done that don't cost anything, just by being smart 6 in shielding. 7 MR. WILLS: There may be some things that we 8 can't do about light that already exist, and it maybe 9 would cost too much to try to change it. But I'm hoping 10 over time as new opportunities come along for 11 installation of lighting, that more appropriate lighting 12 can be used. 13 COMMISSIONER MOSER: All right. Just wanted 14 to clarify that. Thank you. 15 COMMISSIONER LETZ: Over all I think you did 16 a good job on modifying the Resolution, you know, I when 17 I read it. I don't see that, you know, Kerr County 18 supports helping educate. I don't know that we're going 19 to be in that business. But I don't think it says that 20 we're in that business. But we'll support. 21 MR. WILLS: Hoping not. But perhaps some 22 publicity perhaps from local newspaper, and we're going 23 to -- I guess Katie wanted to remind me there's going to 24 be a meeting at Schreiner at some sometime in February, 25 I think, that we have our very own astrophysicist on the 58 1 staff out there, who's very much in support of night sky 2 protection. Kim Arbinson(phonetic) is his name, a PHD, 3 and we're going to invite a lot of the City leaders 4 including you to come to that meeting. And so you'll be 5 getting a invitation from us eventually about that. 6 COMMISSIONER LETZ: I think -- I mean I 7 support it. I think probably the next step would be for 8 the County as we're upgrading or changing or doing 9 things, maintenance should look at this, but you have to 10 look at cost also. But the cost are the same we 11 certainly want to go with this type of lighting and the 12 shielding. You know, just going out and changing things 13 I think obviously that's something not practical. But I 14 think moving forward or to do things, I think it 15 makes -- 16 MR. WILLS: It affects the tourism as well 17 as initial savings on the cost. 18 MRS. WILLS: Shielding and brightens, and 19 color. 20 MR. WILLS: Thank you very much for letting 21 us come today and talk about this again and glad we got 22 some slides that you could see. Any other questions? 23 COMMISSIONER MOSER: Let me see if this 24 wording would help you. Right now, Kerr County supports 25 helping educate and encourage landowners, would be okay 59 1 if we said Kerr County supports educating and 2 encouraging landowners. 3 MR. WILLS: Sure. 4 COMMISSIONER MOSER: Is that okay? 5 MR. WILLS: Sure. We'd be glad to change 6 that and get it reissued to you. Should we do that and 7 send it to Jody and she can get it to you? 8 COMMISSIONER MOSER: Yeah, or we can just do 9 it from here. I move for approval. 10 COMMISSIONER LETZ: Second. 11 MR. WILLS: Mr. Moser, would you write it up 12 the way you want it. 13 JUDGE POLLARD: It's right here. 14 MR. WILLS: Okay. So that we can send that 15 off and get it changed. 16 COMMISSIONER MOSER: We have a motion and a 17 second. 18 JUDGE POLLARD: Right. Commissioner Moser 19 has moved for approval of the resolution as amended as 20 discussed here in the discussion today, and it was 21 seconded by Commissioner Letz. Is there any further 22 discussion or comment or questions about the motion, or 23 the matter? 24 COMMISIONER LETZ: Just a question. I 25 hope -- I think I probably know the answer, you're 60 1 talking to the City of Kerrville as well? 2 MR. WILLS: Oh, yes. We have already made a 3 presentation somewhat like this to the City Council and 4 going to be going back to them. 5 JUDGE POLLARD: Did their system work a 6 little better than ours? 7 MR. WILLS: I don't think I better answer 8 that. Actually, this worked just fine. 9 COMMISSIONER MOSER: Thank you. 10 JUDGE POLLARD: All right. Thank you very 11 much. 12 COMMISSIONER MOSER: Thank you for your 13 time. 14 JUDGE POLLARD: Any further questions or 15 comments? 16 MR. BELEW: I'm going to say something. 17 This is all voluntary, is that what you're proposing, 18 Mr. Wills? 19 MR. WILLS: Yes. 20 MR. BELEW: We have a lot of restrictions, 21 regulations on us in our County and this City and 22 America, what kind of light bulb to buy, what kind of 23 toilet to flush and all that, and they all start off 24 this way, a simple request then becomes a mandate. Are 25 you are -- you going to take -- is there a move to take 61 1 this to the State Legislature? Is there anything beyond 2 what we're looking at? 3 MR. WILLS: Not that I'm aware of. I think 4 we're simply trying to say that as changes need to be 5 made by the County affecting lighting in the future, if 6 you can do that -- 7 MR. BELEW: Take this into consideration. 8 MR. WILLS: -- with enhanced knowledge of 9 what kind of lighting is really appropriate and safe and 10 better to save our night skies, that's all we're really 11 expecting here. There's not going to be a mandate that 12 I'm aware of. The only thing that may come along that 13 might help, as I mentioned, there may be a move afoot of 14 the State legislature to make it possible for counties 15 to actually have ordinances that you could issue where 16 it would be mandatory maybe over a period of time. If 17 anybody -- if a new building comes along or somebody 18 needs to change their lighting, if there's an ordinance 19 it would need to fall within certain parameters that 20 maybe you establish. But usually, there's a grandfather 21 clause or something like that that lasts a long time. 22 MRS. WILLS and that would be a voluntary 23 thing for the County to do or not. 24 JUDGE POLLARD: Optional. 25 MRS. WILLS: Optional. 62 1 JUDGE POLLARD: Okay. Any further comments 2 or questions? Thank you both. There being none, those 3 in favor of the motion signify by raising your right 4 hands. It's four zero, unanimous. Thank you very much. 5 COMMISSIONER REEVES: How about ten minutes. 6 JUDGE POLLARD: All right, let's have a ten 7 minute break. I'm sorry, Mr. Tinley. 8 (Break.) 9 JUDGE POLLARD: All right. Going to go to 10 item 1.23 consider, discuss and take appropriate action 11 to open and accept or reject bids received from the 12 request for proposal or request for qualifications, for 13 construction management consulting services, for the 14 insurance proceeds project regarding the replacement and 15 and/or repair of roofs, and HVAC's to various County 16 buildings. Brenda Doss. 17 MRS. STEBBINS: She hasn't come back yet. I 18 think she's waiting that other minute. 19 COMMISSIONER LETZ: I can take care of this. 20 After looking at this we're not sure that we noticed 21 this correctly, and after talking with both County 22 Attorney and the Auditor recommendation is do not open 23 this and reject all bids, and we'll reset a new RFQ in 24 the future. But we don't want to -- 25 JUDGE POLLARD: So is that a motion? 63 1 COMMISSIONER LETZ: That's a motion to 2 reject all bids and -- 3 JUDGE POLLARD: And re notice it. 4 COMMISSIONER MOSER: And the notice was not 5 correct? 6 COMMISSIONER LETZ: We did it as an RFP and 7 it probably should have been an RFQ. 8 MRS. STEBBINS: That's right. 9 JUDGE POLLARD: Is there a second? 10 COMMISSIONER REEVES: I'll second it. There 11 is one that was turned in, but I think we should not 12 even open that, and start again. 13 COMMISSIONER LETZ: And return it to them. 14 JUDGE POLLARD: All right. There's been a 15 motion made to by Commissioner Letz, seconded by -- who 16 is it, Commissioner Reeves? 17 COMMISSIONER REEVES: Yes, Sir. 18 JUDGE POLLARD: To reject all of the RFQ's 19 or whatever it is, and in regard to item 1.23 on the 20 agenda. 21 COMMISSIONER REEVES: I would say reject the 22 RFP's, because they probably should have been RFQ's. 23 JUDGE POLLARD: All right, reject the RFP's, 24 because we're to try to re notice it at a later time and 25 start over again. Gotta change gears again, go back to 64 1 first gear. 2 All right. Is there any further comment or 3 discussion about that motion? There being none, those 4 in favor of the motion signify by raising your right 5 hands. It's four zero, unanimous. 6 COMMISSIONER LETZ: Judge, before we leave 7 this, do we need to reauthorize this going out, County 8 Attorney? 9 MRS. STEBBINS: I think that we do. It will 10 be a bit different, so we'll bring it back to you. 11 MRS. GRINSTEAD: It's the next one on your 12 agenda. 13 JUDGE POLLARD: Put that on the next agenda. 14 COMMISSIONER LETZ: No; it's on the next 15 item. 16 JUDGE POLLARD: All right. 1.24 consider, 17 discuss and take appropriate action to release request 18 for qualifications for construction management 19 consulting services for the insurance proceed project 20 regarding the replacement and/or repair of roofs and 21 HVAC's to various County buildings. 22 COMMISSIONER REEVES: I believe Mrs. Doss 23 had asked if we could postpone this item to the next 24 agenda so she'll have adequate time to develop it. Is 25 that correct? 65 1 MRS. DOSS: Yes, Sir. 2 JUDGE POLLARD: Is that agreeable with 3 everybody? 4 MR. BELEW: Yes. 5 COMMISSIONER LETZ: Yes. 6 JUDGE POLLARD: All right, we'll pass item 7 1.24 then. 8 Item 1.25 consider, discuss and take 9 appropriate action to approve the letter of agreement 10 between Kerr County and GrantWorks for the provision of 11 hazard mitigation application preparation and hazard 12 mitigation grant management services in connection with 13 the county's 2017/2018 hazard mitigation grant project 14 as administered by the Texas Division of Emergency 15 Management, and allow the County Judge to sign same. 16 You must have written that, Mr. Moser? 17 COMMISSIONER MOSER: No; GrantWorks wrote 18 that for us. Wendy, would you like to comment on that 19 for us? 20 MS. KIRBY: Yes. This is basically our 21 agreement to prepare your application and manage if 22 awarded. So this is what we've sent over for you to 23 review, and the -- 24 COMMISSIONER MOSER: And that's all this? 25 MS. KIRBY: That's it. That was all that 66 1 line item is about. 2 COMMISSIONER MOSER: So move. 3 JUDGE POLLARD: All right, is there a 4 second? 5 COMMISSIONER LETZ: Second. 6 JUDGE POLLARD: It's been moved by 7 Commissioner Moser, seconded by Commissioner Letz, 8 concerning item 1.25 to take appropriate action with the 9 letter agreement between Kerr County and GrantWorks for 10 the provision of hazard mitigation application 11 preparation, and hazard mitigation grant management 12 services, in connection with the County 2017/2018 hazard 13 mitigation grant project as administered by the Texas 14 Division of Emergency Management, and allow the County 15 Judge to sign same. Whoo. 16 COMMISSIONER MOSER: If I may, Judge -- 17 JUDGE POLLARD: Yes. 18 COMMISSIONER MOSER: Let me see if I can set 19 the better understanding for a number of agenda items we 20 have here. And 1.25 all the way agenda to agenda item 21 1.31 pertain to the Flood Warning System. And I think 22 let me just explain what each one of these things are 23 doing. And I'm going to take just a minute to give some 24 background for everybody real quickly. The County, the 25 City, UGRA, and also the City of Ingram met on several 67 1 occasions to see what we might do to improve the flood 2 warning system, and that's been over about a six-month 3 period. 4 JUDGE POLLARD: Well, first to determine if 5 it needed to be improved, and then -- 6 COMMISSIONER MOSER: Right. What we did was 7 the way to characterize it, we saw what the other 8 communities have done, we looked at what we had, we 9 looked at what options we may have. We looked at what 10 needs we may need to improve it. And then today we're 11 going to talk about some of those things. And so that 12 was the thing that begin I think last July or so. 13 Then we had an engineering study, the three 14 entities, the UGRA, City and the County spent 50 15 thousand dollars on a -- the three month study that John 16 Hewitt conducted, in looking at what do we have, what 17 are the options, what might we need. Then the parties, 18 those three entities indicated that from the study there 19 were 69 low water crossings that are subject to flooding 20 within the County. Of those 69 what we're going to talk 21 about today with these multiple agenda items is taking 22 some action on 60 of the 69 low water crossings, and 23 places that tend to flood. Of those, 20 of them are 24 already in existence from the GBRA and TxDOT, okay, and 25 so this is going to talk about improving those, okay, 68 1 and it's going to show the cost. We're going to propose 2 to add ten high water detection system crossings, I mean 3 improvements there, to the TxDOT waters ten additional 4 crossings, and we're going to add visual gauges. That's 5 the thing we're used to seeing one foot above where the 6 water levels are posted at 30 crossings. Create an 7 information center where all this data now can be 8 brought and disseminated to emergency action officials, 9 the Sheriff, emergency management coordinators, fire 10 departments, etc., and put it into a system where it can 11 be disseminated to the public, so that's going to be 12 discussed, and then development for communicating that 13 information to the public. The cost of that whole thing 14 is going to be like 976 thousand dollars. That's a lot 15 of money. All of it, and the reason we're here today 16 and moving so quickly is that there is a FEMA grant 17 that's available until as long as we apply by January 18 the 20th. 19 JUDGE POLLARD: Which is when President 20 Obama goes out of office. 21 (Laughter.) 22 JUDGE POLLARD: Well, the reason I mention 23 that is because he authorized this particular thing, and 24 it's going to -- 25 MS. KIRBY: It's a coincidence. 69 1 COMMISSIONER MOSER: Going on the record 2 with that it's a coincidence. And so there has to be a 3 presidential declaration of disaster to be able to have 4 these kinds of funds available. So it goes away just so 5 happens to be when he leaves office. 6 It is -- here is the important thing, it's a 7 75 percent grant by FEMA's 25 percent matching funds by 8 the parties that want to do this. And so what we're 9 talking about today is applying for the grant, okay. If 10 we apply for 976 thousand dollars in grant, we may not 11 get that amount. So this is step one, we had the 12 approval for the study, we completed that, okay. 13 Step two is to authorize approval of the 14 grant; not to implement the project. We can turn it 15 down. If we were to receive -- if Texas Department of 16 emergency management says yea verily Kerr County's done 17 a great job, here's all your money. We can say oops, we 18 don't have the money to do it. We do not have to commit 19 at this time to proceed, and Wendy's here to keep me 20 straight with that. 21 MS. KIRBY: That commitment technically if 22 they order you the grant and you sign the contract, if 23 you decide that you are not financially capable at that 24 time due to economic situations, then you don't have to. 25 COMMISSIONER MOSER: So the next step would 70 1 be we'll apply for grant, nothing happens until next 2 fiscal year at the earliest, so we're not committing any 3 funds or anything like that. If we are approved, then 4 the next thing would be to do then take the next step 5 and to have an Interlocal Agreement reflecting that, so 6 all this stuff today is interlocal agreements and 7 resolutions, and application approval, and so forth for 8 this intermediate, middle, second step. 9 So with that background otherwise it's going 10 to be kind of confusing so 1.25 was just to approve a 11 letter of agreement to GrantWorks to provide the 12 administrative services. 13 Just real quickly 1.26 is to open and review 14 the RFQ for engineering services. So let me just as we 15 go through these things -- 16 JUDGE POLLARD: So 1.25 is to prepare the 17 application for the grant. 18 COMMISSIONER MOSER: It's to authorize to 19 have an agreement with GrantWorks to do that, okay. So 20 that's what we just passed. So when you go through each 21 one of these agenda item I'll -- 22 JUDGE POLLARD: So we have passed it now. 23 COMMISSIONER MOSER: Correct. 24 JUDGE POLLARD: That's the next item now. 25 Good explanation, good history. Other comments or 71 1 questions? 2 COMMISSIONER REEVES: To our speaker up 3 here, you said that if for some reason that we cannot 4 negotiate interlocal agreements, we don't have the 5 funding, we don't have to accept the grants? 6 MS. KIRBY: That is correct. 7 COMMISSIONER REEVES: What about y'all? Do 8 y'all get paid if we do not accept? 9 MS. KIRBY: We do not. Our fee is 10 contingent upon award. 11 COMMISSIONER REEVES: So if we decided two 12 weeks from today a good idea nothing can be worked out, 13 you get paid nothing? 14 MS. KIRBY: That's correct. 15 JUDGE POLLARD: And is it -- we haven't got 16 any commitments from the other entities. Let's see we 17 shared the cost of this, what we paid 20 what -- we paid 18 40 percent -- 19 COMMISSIONER MOSER: We paid 40 percent of 20 the 50 thousand dollars, okay. County -- I mean UGRA 40 21 percent, City paid 20 percent. Now then in a minute 22 you're going to get to an Interlocal Agreement, okay, 23 which is to -- 24 JUDGE POLLARD: To talk about those same 25 percentages if we go ahead. 72 1 COMMISSIONER MOSER: It does, and I'll get 2 to that when you call the agenda item, if I may. Okay. 3 JUDGE POLLARD: Whoo. 4 COMMISSIONER MOSER: Okay. Let's see, we're 5 still on 1.25? 6 JUDGE POLLARD: Yes. Is there a motion? 7 COMMISSIONER MOSER: So I make a motion that 8 we approve. I think I did make that motion to approve 9 the letter of agreement with GrantWorks for the 10 administrative services for the hazard mitigation grant 11 projects. 12 JUDGE POLLARD: There was a second? 13 COMMISSIONER LETZ: I seconded it back then, 14 but I've got some problems, and the later ones down the 15 road I may not be going along with them. 16 JUDGE POLLARD: You still going to second 17 this one? 18 COMMISSIONER LETZ: I'll second this one. 19 JUDGE POLLARD: All right. It's been moved 20 and seconded, as stated, and this is to authorize now 21 the agreement essentially with GrantWorks for the 22 preparation of the application for the grant and in 23 accordance with item 1.25 of the agenda item today. Any 24 further discussion, comments or questions? If not, 25 those in favor of the motion signify by raising your 73 1 right hands. Did you raise yours? 2 COMMISSIONER LETZ: Yeah. 3 JUDGE POLLARD: It's four zero, unanimous. 4 COMMISSIONER LETZ: Still good. 5 JUDGE POLLARD: It's still good. 6 Item 1.26 consider, discuss and take 7 appropriate action to open and review the RFQ's received 8 for the hazard mitigation fund project for the Kerr 9 County flood warning system. Commissioner Moser and 10 Wendy Kirby. 11 COMMISSIONER MOSER: Okay. That was -- I 12 think we've at a previous -- let me just keep this 13 really straight forward and simple. Is this the -- is 14 this the response to the RFQ? So why don't you read 15 those. 16 COMMISSIONER LETZ: There's only one, I 17 think. 18 MRS. GRINSTEAD: It is. 19 COMMISSIONER LETZ: Engineering services 20 associated with the FEMA mitigation funds submitted from 21 Hewitt Engineering Incorporated. 22 JUDGE POLLARD: A bunch of copies. 23 COMMISSIONER LETZ: Yeah, there's four 24 copies right there. 25 JUDGE POLLARD: So there's no particular 74 1 figure. 2 COMMISSIONER LETZ: No; they're RFQ's. 3 COMMISSIONER MOSER: Qualifications. 4 COMMISSIONER LETZ: And I make a motion that 5 we accept the proposal for Hewitt Engineering. 6 COMMISSIONER MOSER: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Letz and seconded by Commissioner Moser to accept the 9 only proposal received and it's from Hewitt Engineering, 10 Inc. Is there any -- in regard to item 1.26 on the 11 agenda that's to for the hazard mitigation fund project, 12 Kerr County flood warning system. Is there any further 13 comment or discussion? 14 COMMISSIONER LETZ: Well, just a comment. 15 That this allows us to enter into negotiations with 16 Hewitt Engineering regarding such services. 17 COMMISSIONER MOSER: That's the next agenda 18 item. 19 COMMISSIONER LETZ: That's why we're doing 20 this one. 21 COMMISSIONER MOSER: That's right. 22 COMMISSIONER REEVES: We're not necessarily 23 binding ourself to any cost. 24 COMMISSIONER LETZ: No. 25 COMMISSIONER MOSER: We just opened it, 75 1 that's all we did. 2 JUDGE POLLARD: All right, those in favor of 3 this motion raise your right hands. It's four zero, 4 unanimous. 5 All right, now we get to the next step item 6 1.27 consider, discuss and take appropriate action to 7 designate engineer for the hazard mitigation fund 8 project for Kerr County Flood Warning System. 9 Commissioner Moser and Wendy Kirby. 10 COMMISSIONER MOSER: Right. I make a motion 11 that we designate as the consulting engineer for this 12 project Hewitt Engineering based on the qualifications, 13 just opened and just received. And this will be just 14 like -- what this is to move forward on the application 15 we have to have an administration consultant, which we 16 have. We have approved that with GrantWorks. We need 17 to have that same thing with the engineering service, 18 which is what this agenda item's for. It'll be the same 19 type of thing. We're going to submit the application, 20 it's no cost to the County, if we are not -- if we do 21 not receive approval from the application there's no 22 cost from Hewitt Engineering. If we withdraw it or 23 whatever, same kind of questions that Commissioner 24 Reeves asked awhile ago regarding the engineering, so we 25 have the administration services and engineering. 76 1 MS. KIRBY: Just the engineering study was 2 the only thing. 3 COMMISSIONER MOSER: Well, but that was a 4 separate thing. 5 MS. KIRBY: That was a separate thing. 6 COMMISSIONER MOSER: That's done. You're 7 not allowed to confuse, okay. 8 MS. KIRBY: Okay. 9 COMMISSIONER MOSER: So I move -- I move 10 that we accept and we enter into an agreement with 11 Hewitt Engineering to provide the services to submit the 12 application for the Kerr County Flood Warning System. 13 COMMISSIONER REEVES: And what will it cost? 14 COMMISSIONER MOSER: No cost to the County. 15 COMMISSIONER REEVES: And that's what this 16 says? I'm trying to find out where it says no cost to 17 the County. 18 COMMISSIONER MOSER: It's just for the 19 services. That's the motion I'm making. Making it very 20 clear. 21 JUDGE POLLARD: All right, is there a 22 second? 23 COMMISSIONER MOSER: If you want to comment 24 there, Mr. Hewitt? 25 MR. HEWITT: I agree. 77 1 COMMISSIONER LETZ: Well, I think that needs 2 to be clarified. If there is an agreement, those funds 3 will come out of the grant. I mean, he gets paid out of 4 the grant, correct? 5 COMMISSIONER MOSER: That's correct. That's 6 correct. Right. 7 COMMISSIONER LETZ: If we proceed with the 8 project, his payment for these services will come out of 9 the grant we receive. 10 COMMISSIONER MOSER: You'll see that in a 11 moment in the budget for the 976,000 if the engineering 12 funds are in there. 13 MRS. DOSS: And if for some reason we do not 14 get the grant -- 15 COMMISSIONER MOSER: Then there's no cost to 16 us. 17 JUDGE POLLARD: We don't go forward. 18 MRS. DOSS: There's no cost to the County 19 for the services he has already provided. 20 COMMISSIONER MOSER: Right, correct. 21 JUDGE POLLARD: Whoo. All right, that 22 motion was to designate that Hewitt Engineering, Inc. as 23 the engineer for the hazard mitigation fund project for 24 the Kerr County Flood Warning System at no cost to the 25 County unless the county goes forward with the project 78 1 at a later time, and if they do go forward with the 2 project any funds to the payment of Hewitt Engineering 3 services for this particular item of 1.27 will come out 4 of the funds received from the grant. 5 COMMISSIONER MOSER: Correct. 6 JUDGE POLLARD: The grant funds. Did I 7 state that correctly? 8 COMMISSIONER MOSER: You did. 9 JUDGE POLLARD: Okay. All right, is there 10 any further comment or discussion about it? 11 COMMISSIONER REEVES: We don't have a 12 second, Judge. 13 JUDGE POLLARD: All right. 14 COMMISSIONER LETZ: Second. 15 JUDGE POLLARD: Oh, there's no second. 16 COMMISSIONER LETZ: I second that. 17 JUDGE POLLARD: You second it. All right, 18 it's been moved and seconded. And I stated the motion 19 I hope, I don't want to say that again. 20 COMMISSIONER MOSER: No, please don't. 21 JUDGE POLLARD: All right. Any further 22 comments or questions about it? Those in favor of the 23 motion signify by raising your right hands. It's four 24 zero, unanimous. 25 Now we go to 1.28 consider, discuss and take 79 1 appropriate action regarding the cost of a flood warning 2 system project. Commissioner Moser and Wendy Kirby and 3 John Hewitt. 4 COMMISSIONER MOSER: Okay. This and the 5 only action here on this agenda item -- there's no 6 action. This is just to present to the Court about so 7 you can look at the projected cost of the $976,000.00, 8 and what constitutes each one of these line items. 9 Quite candid in your package, okay, John Hewitt and with 10 the -- based on the study that he performed for the 11 group, came up with the cost for the items that I 12 mentioned earlier, and that's the upgrade of the 20 13 water gauge systems that exist from GBRA and from TxDot, 14 adding ten additional water levels sensors with the 15 transmission capability. Adding posts indicating water 16 levels at 30 crossings, creating the software for all 17 these systems to communicate, creating a website, and 18 also the other item is disseminating information to the 19 public. So it will be a public information center. I 20 think that's what constitutes this and the other parts 21 of this budget, is the line item in there for five 22 percent of the total grant for GrantWorks, and then the 23 engineering services that's in there also. 24 MS. KIRBY: With a two-year warranty. 25 COMMISSIONER MOSER: With a two-year 80 1 warranty. And I'll let John and Wendy talk about the 2 details of the cost. 3 MR. HEWITT: That's right. What you just 4 summarized is correct. Also as part of the grant 5 Federal government makes us ensure that these monitors 6 don't adversely impact threatened species, so the -- 7 that bucket of mussels won't disturbed at these 8 crossings, and we have to hire an environmental firm to 9 prove that. So that's a line item in there. 10 JUDGE POLLARD: What does that cost you, 11 estimated? 12 MR. HEWITT: That would be -- we put in 20 13 thousand dollars in there for all the crossings. In 14 addition, we have to confirm that those water level 15 gauges and these monitors won't cause any flooding, 16 because we're putting those in a floodplain, so there's 17 some cost associated with that. 18 The other thing I wanted to point out that 19 based on the steering committees meetings, those ten new 20 crossings do not include the flashing lights with the 21 warning signs. So these are just the monitors that 22 collect the information and send them to the software 23 package. So there's no flashing lights, there's no 24 sirens. At one point we talked about putting sirens out 25 in west Kerr County, that's not included in this. 81 1 There's no sort of dynamic messaging signs. The City of 2 Kerrville doesn't want to place any kind of crossings 3 within the City, they want their own crews to do that 4 so all of these locations are outside the City of 5 Kerrville. 6 JUDGE POLLARD: Does that mean they're not 7 going to participate in this at that point? 8 MR. HEWITT: Well, we'll find out tomorrow 9 night when we present this to Council. I'm hearing that 10 they're leaning towards not participating. The other 11 thing is that it's very important where I'm going to 12 meet UGRA'S board this week also, one of their -- and we 13 have Ray Buck here who can talk about this also, but 14 what they've told me, is it is very important that 15 the -- what they've described as human element is 16 accounted for, so that these guys out in west Kerr 17 County, and they see a problem and they can coordinate 18 with someone that can share that information. They 19 don't want this just blindly going into a software 20 package and not having any input from the west or from 21 the people that are out there seeing these flooding 22 situations happening. 23 COMMISSIONER REEVES: You know as I said 24 before I hope in the study if we're going to rely on 25 that, we have a very good system that's been informal 82 1 for years, but one thing we must be understanding and 2 work on is the lack of wireless and cell phone coverage 3 as you get out into west Kerr County. And I'm a very 4 big proponent of eyes on the ground so just letting you 5 know there's some things that you can put a monitor you 6 want, it's not going to tell you what draw it's actually 7 going to be coming down. And I've seen it all my life, 8 and a friend of mine leaned up against the wall back 9 there has seen it, too. But if we don't have a way to 10 get cell phone service out there, all of this is -- 11 even the monitors, how are you going to get those? We 12 have got to overcome that problem. 13 COMMISSIONER MOSER: The big challenge, I 14 think, the many times that we've met on this subject has 15 been how do you get the information to the public, and 16 it's no good, I mean we can do all the water level 17 monitoring we want, but if we don't get that information 18 to the public in a timely way, then this whole thing is 19 not worth it. So I agree with you a hundred percent. 20 So we've talked about, you know one of the things we 21 said sirens and we said we don't want sirens, too many 22 many people said they did not want sirens when they had 23 these -- when we had these gatherings. Code Red, and I 24 don't know if Dub wants to chime in on this, but Code 25 Red is the same that's going to get information to a lot 83 1 of people; not to everybody, okay. One of the things 2 that we'll do is identify a point of contact in all of 3 the camps, we won't communicate with everybody in the 4 camp, but we have a point of contact at the camp so that 5 they can disseminate people within -- to people within 6 the camp, like during the summer when kids are there, or 7 to RV parks. Now, if the RV parks want to have a siren 8 themself when something goes up that's up to them. 9 That's not part of our thing. So getting the 10 information to the public is the end item of this whole 11 thing. 12 The first thing is sense a flood, then 13 communicate that information to the local authorities, 14 to the right authorities, and then for them to have a 15 system by with which to disseminate the information to 16 the public. 17 JUDGE POLLARD: For those that are not 18 familiar with Code Red, and I think that's a system 19 whereby the Sheriff's office, anyone who wants to be 20 notified contacts the Sheriff's Office in any emergency 21 that occurs in your area then they -- your phone rings 22 at your house and there's a recording on there, where 23 they tell you about this emergency. In case there was 24 somebody didn't know what Code Red was. Is that a good 25 explanation. 84 1 SHERIFF HIERHOLZER: Pretty close except you 2 don't have to contact the Sheriff's office. You can if 3 you don't have access to a computer we can enter it for 4 you. But normally if you have access to a computer you 5 go on to the County's website there's an icon on there 6 for Code Red, you -- 7 JUDGE POLLARD: Well, that's contacting the 8 County Sheriff. 9 SHERIFF HIERHOLZER: -- you can click on it 10 and fill it out there. And at that time the main thing 11 about Code Red is the information you put in there is 12 not sold by a vendor for, you know, people calling in 13 advertising. This as very private-type deal that's run 14 it's only use for that are for emergency situations 15 where we can activate it and notify people, okay. And 16 it will go to cell phones, land lines, text messages, 17 e-mails, whatever you designate, however you do it. 18 JUDGE POLLARD: Would the Sheriff's office 19 be the place for the centralization for all of this 20 information? 21 MR. HEWITT: Yes. 22 JUDGE POLLARD: And responsible for 23 dissemination of it depending on what the plan develops 24 with what's to be done. 25 COMMISSIONER MOSER: Sheriff's office and 85 1 the County and the City's Emergency Management 2 Coordinator. Those are the big recipients of it, so you 3 know the thought is that's emergency management 4 coordinators be the central entities that cover the 5 entire County, between the City and the County. 6 JUDGE POLLARD: Are you on board about all 7 this? 8 SHERIFF HIERHOLZER: Well, I am on board 9 about one thing is with Code Red real quick and then I 10 do have one comment. There is now also a mobile AP that 11 you can download onto a mobile phone, and wherever 12 agency, whether it's us, anybody has Code Red. You 13 could be from Florida driving through here, if we set it 14 off, okay, because you have that AP on your phone, it 15 will go off on your phone. So it helps get those 16 visitors traveling through that wouldn't normally sign 17 up for our Code Red in our area. It will do cell phones 18 that way. 19 The only thing I have to remind people, 20 unfortunately, I guess I'm one of the ones that -- 21 Harley maybe has been around here to see some very 22 devastating floods and quite a bit of loss of life. No 23 matter what we do it's going to be up to the public, 24 okay. The notification is great. I think the -- just 25 the markers, the posts at the crossing is one thing, but 86 1 it actually oughta state that at that level that your 2 car may wash off, get people's attention at that 3 crossing. The only other thing is, and as Bob can 4 attest to, most of the time it has been informal where 5 we call people. Unfortunately, the time we had the most 6 devastating one down on the east end of the County down 7 at the camps, I was working that night, spent 72 hours 8 pulling kids out of fences. But we call people, we 9 called camps, they made the decision that they thought 10 they could beat that ride, and then that no matter what 11 we do and no matter what we install there's going to be 12 loss of life. It's educating people. I know they're 13 doing -- 14 MR. THOMAS: Radio spots. 15 SHERIFF HIERHOLZER: The radio spots they're 16 starting to do. And that's the biggest thing, there's 17 got to be education out there more than there's a 18 million dollars on some stuff. 19 MS. KIRBY: We do have an inclusion of 20 public outreach component in this grant that is eligible 21 and built into it. 22 SHERIFF HIERHOLZER: To me that's the 23 biggest part of it, especially when we have summer camps 24 and that. 25 COMMISSIONER REEVES: And I will say and, 87 1 Sheriff, you can correct me if I'm off base on this, the 2 camps have had a very good system of letting down river 3 if there's a rise, they're phoning their competitors or 4 colleagues down river and letting them know what 5 happened. It's informal as you said, but it's been a 6 very good system to let them know over time. 7 SHERIFF HIERHOLZER: Right. The camps and 8 they do, they notify each other, we notify them, they 9 notify -- there's a lot of informal things that really 10 do work real well. It's not totally those unless they 11 try to get them out too quick in trying to beat it. 12 Because this river can come up in a instant, we all know 13 that with the drainage. But it will go down just as 14 quick if they just hold tight with what they've got. 15 But the whole key is just getting people that are 16 traveling up here from somewhere -- 17 COMMISSIONER REEVES: That's my concern is 18 ones that don't live here. 19 COMMISSIONER MOSER: That's everybody's 20 concern. 21 JUDGE POLLARD: Mr. Hurt, do you have any 22 comments you'd like to make on this? 23 MR. THOMAS: Me, Judge? Who'd you say? 24 JUDGE POLLARD: Mr. Hurt. And I'll get to 25 Mr. Buck, too. You have anything, Mr. Hurt? 88 1 MR. HURT: No. I've said some things 2 privately that I meant to be privately. And so there's 3 a lot I don't know, so I don't believe I'll say 4 anything. Thank you though. 5 JUDGE POLLARD: Thank you. I just didn't 6 want to deny you the opportunity. Mr. Buck, do you have 7 anything you'd like to add? 8 MR. BUCK: Yes, Sir. I'd first like to 9 commend Commissioner Moser for taking the lead on this. 10 This is something UGRA has been concerned about. And 11 with the assessment study indicated that there are some 12 gaps that we need to fill, and certainly Commissioner 13 Reeves, I think you nailed it on the head is that we 14 don't want to supplement what we have -- I mean we don't 15 want to replace what we have; we want to supplement what 16 we have with these extra monitors. One of our directors 17 represents the camps, and I've also talked to another 18 camp owner, and they're indication is yeah they like 19 what they have. Their informal process, but they'd like 20 to have more monitors that have access to real time to 21 that data. This website that we're talking about, 22 provides that real time data. They can get on there and 23 see what the water level is at various locations, what 24 the rainfall rate is at a certain location. And I think 25 Wendy alluded to one of the passions that UGRA has that 89 1 none of this is of any value to anyone unless it's used 2 by someone. And so we want an education component 3 that's huge. That's where Dub comes in, Roger Lampman 4 comes in, they're going to be out trying to work with 5 these informal networks, educating people. UGRA's 6 actually put together a short video of flood warning 7 that Dub, the Sheriff, and Roger Lampman participated 8 in. We hope to release that. It'll be on the web page, 9 hope to release it next month. It'll be on the web 10 page. 11 But again, I think we really need to hit 12 education of turn around don't drown. But someone 13 mentioned it, I don't know who, I think the Sheriff, we 14 need to mark those posts that "danger, don't go across 15 here", because some people well, six inches, I think I 16 can drive that. If you can't see through it you can't 17 see what's underneath it. So thank you. 18 JUDGE POLLARD: I got a question of you, 19 Wendy. If the City decides to not participate in this, 20 or they're not going to be joining in the application 21 for the grant? 22 MS. KIRBY: Technically the grant is under 23 the County, so the County is the applicant. If you 24 choose to work with UGRA, and the City, that's on -- 25 that's your business, as far as the State is concerned 90 1 you are the applicant. And that's who they have -- 2 JUDGE POLLARD: That means if we are 3 successful in a grant, and we only get a partial grant, 4 say, or even if we get the whole grant and there's that 5 25 percent local matching funds requirement, that means 6 the county's interest is going to have to be increased. 7 COMMISSIONER MOSER: That's agenda item 8 1.29. 9 COMMISSIONER LETZ: Wendy, on this one, this 10 budget is attached to the grant, correct? 11 MS. KIRBY: Yes. 12 COMMISSIONER LETZ: If we -- and from our -- 13 or from the workshop that we had at UGRA, this -- we 14 can't change it from here? 15 MS. KIRBY: Yes, you can. Ultimately, the 16 State has a finite amount of funds that they have to 17 use, and all the applications that come in, they give -- 18 divvy them up between which section the grant belongs 19 to. And so what they'll do is they'll say, all right, 20 this is how much we have towards this, and they have 21 priorities as far as what they will use as a point 22 preference. One of the point preferences in this 23 particular grant because it was based on flooding 24 disaster is flooding, drainage projects, warning 25 projects, things like that, and so it will be a point 91 1 preference. And so what they'll do, is they'll say 2 okay, here's what we're going to do, we're going to 3 score and select and review all the applications that 4 come in, and they go through a review process. And they 5 pick with which ones they want to fund. 6 Out of those, if they have ones that are a 7 little bit higher in priority, like in the instance for 8 your hazard mitigation grant they had a finite number 9 and they say well we can't fund this much, but we can do 10 this much, and is that okay with you. And so they'll 11 come talk to you and you'll say yes or no. It's really 12 up to you. So they have a finite amount that they deal 13 with and they go through a review process. It's called 14 the State hazard mitigation committee. And it's one 15 representative from each of the State offices that goes 16 through and looks at all of the applications. 17 COMMISSIONER MOSER: I think the way to do 18 it, if we apply to this amount and we get less than 19 that, then we'll have to -- the next step we'll have to 20 say okay, what might we want to do with less money. You 21 know, we might want to put in six new sensors rather 22 than ten or whatever. But that's the thing we'll have 23 to look at at that time. 24 COMMISSIONER LETZ: But it has to be within 25 these three types of meters, or the two types -- or one 92 1 type of upgrade. 2 MS. KIRBY: So what you've put in for, you 3 have a certain number that you're looking at putting new 4 ones in or gauges in. So let's say you have a gauge in 5 one stream and let's say we don't wont to put it in, and 6 we want to put it in another location, and that's going 7 to trigger different environmental things. So we're 8 enclosing the environmental component in phase one, so 9 if you're awarded the grant and that changes that needs 10 to be kind of on the early end of it. You're not 11 changing the scope of the project, but you're modifying 12 it for the locations. And so just keep in mind when you 13 change a location that triggers a different 14 environmental location. 15 COMMISSIONER MOSER: Well, we're proposing 16 to do the environmental thing for all of the locations 17 for posts. 18 MS. KIRBY: Yes, that's correct. 19 JUDGE POLLARD: What about the city's? 20 COMMISSIONER MOSER: The simple answer is 21 yes, okay, the simple answer is. But we don't have 22 any -- correct me, John, we don't have any new sensors 23 are in the City. As a matter of fact none of the 24 sensors are in the City. 25 MR. HEWITT: Correct. 93 1 MR. BELEW: The cost of that was mentioned 2 was 20 thousand dollars. 3 COMMISSIONER MOSER: That's environmental. 4 MR. BELEW: Environmental. Now, is that per 5 location? 6 COMMISSIONER MOSER: That's total for the 7 project. 8 MR. BELEW: No matter where it's at. 9 COMMISSIONER MOSER: Correct. So what this 10 agenda item was to discuss the cost that we're going to 11 discuss in a minute, we'll discuss if who participates 12 and they don't participate and all that kind of stuff 13 and what we do, okay. We'll do that. 14 So, John, is there anything else on the cost 15 that you want to discuss? No, there's no motion on 16 this, it's just a discussion item. 17 JUDGE POLLARD: For information. 18 COMMISSIONER MOSER: Right, for information. 19 MR. HEWITT: No, I think that covers it. 20 What we've talked about everything on the cost. 21 COMMISSIONER MOSER: Okay. That was just 22 for discussion, 1.28, Judge. 23 JUDGE POLLARD: All right. Is that enough 24 on 1.28? Is there further information on it? 25 If not, we'll move on to item 1.29 consider, 94 1 discuss and take appropriate action to approve 2 interlocal agreement between Kerr County, Upper 3 Guadalupe River Authority and the City of Kerrville for 4 submitting an application for a hazard mitigation action 5 Flood Warning System grant. 6 COMMISSIONER MOSER: Okay. Judge, if I may. 7 JUDGE POLLARD: Yes. 8 COMMISSIONER MOSER: Included in your 9 package is an interlocal agreement that the County 10 Attorney, the City Attorney, the attorney for UGRA 11 looked at an earlier version. They have not seen this 12 final version, okay. But basically what this Interlocal 13 Agreement is is structured the same way we did the 14 agreement with the engineering study, except this is for 15 applying only; this is not the implementation. This is 16 an Interlocal Agreement for submitting the application, 17 and it's an agreement between -- for those parties. The 18 biggest part in here is it identifies -- I'll just read 19 it. It's anticipated that the costs of implementing the 20 project, if the grant is received, will not exceed 21 $980,000.00. The cost reimbursable grant will be funded 22 75 percent by FEMA, and 25 percent by the parties. The 23 parties being the three entities, UGRA, the County and 24 City. The following are the parties allocation 25 percentages for matching funds. The matching funds are 95 1 not to exceed $245,000.00, that's 25 percent of the 2 $980,000.00, for the project. 3 And the way that the Interlocal Agreement is 4 worded is that Kerr County 40 percent, but not to exceed 5 50 percent. Kerrville -- City of Kerrville, 20 percent 6 or less. 7 JUDGE POLLARD: 40 percent, but not to 8 exceed 50 percent. 9 COMMISSIONER MOSER: If the City decides not 10 to do anything, okay, and if the County and UGRA agree 11 to do it 50-50, okay, then we could proceed forward, 12 okay. If UGRA says we don't want any part of this, or 13 we only want to do ten percent then this Interlocal 14 Agreement would not be binding, would not be applicable. 15 Because what I'm proposing here, and in this Interlocal 16 Agreement, County 40 percent but not to exceed 50 17 percent. So what that means is not this year, but next 18 year, if the full $980,000.00 were granted, if the City 19 participates we're obligated for $98,000.00; if the City 20 doesn't participate, we're obligated for $128,000.00, if 21 UGRA goes along with 50 percent. So that's -- those 22 are the dollars. And we're not -- there isn't anything 23 this fiscal year, no cost for anybody on this whole 24 thing. All this is doing is saying we will apply to it 25 and we will agree between these parties, okay, to 96 1 participate in this project, in this Flood Warning 2 System project. 3 UGRA meets tomorrow afternoon at three p.m., 4 City meets tomorrow night at six p.m., and this is on 5 their agenda item also, so we won't know until then, 6 okay, to what extent they're going to participate. But 7 if we approve this Interlocal Agreement ourselves, then 8 I think I've scoped it here, such that we can proceed 9 forward. 10 COMMISSIONER LETZ: One comment, the dollar 11 figure in here is 950,000, and you have said 980. 12 COMMISSIONER MOSER: Well, you're not 13 looking at the most recent Interlocal Agreement, there 14 was another one printed. 15 MRS. GRINSTEAD: I printed before -- 16 COMMISSIONER MOSER: Yeah. 17 JUDGE POLLARD: So this is kind of an offer, 18 or to see if it's accepted by and also agreed to by UGRA 19 and the City. 20 COMMISSIONER MOSER: Correct. 21 JUDGE POLLARD: And if they don't then where 22 are we with this? 23 COMMISSIONER MOSER: If they don't then we 24 just forget the whole project. 25 JUDGE POLLARD: Just dead in the water. 97 1 COMMISSIONER MOSER: Dead in the water, 2 right. It's dead in the water. 3 COMMISSIONER REEVES: Question -- 4 COMMISSIONER MOSER: Or the pun for the 5 Flood Warning System. 6 JUDGE POLLARD: Dead in the water. 7 COMMISSIONER MOSER: Sorry, Bob. Go ahead. 8 COMMISSIONER REEVES: What is County 9 Attorney's position on this Interlocal Agreement? Have 10 you been keeping up with the drafts? 11 MRS. STEBBINS: I just got this new draft 12 this morning. I did review the other drafts and there 13 aren't any illegal terms in the agreement. 14 COMMISSIONER REEVES: But the new draft, who 15 did it come from? 16 COMMISSIONER MOSER: No -- and I started 17 this conversation with County Attorney has not reviewed 18 this, okay, City Attorney's not reviewed it, nor has 19 the -- so it's contingent on approval by them. And I 20 think I've incorporated all their comments to date, both 21 County Attorney and -- 22 JUDGE POLLARD: So it's been drafted in 23 answer to your question, it's been drafted by 24 collaboration of Wendy and Tom. 25 COMMISSIONER MOSER: And input from the 98 1 County Attorney and input from the attorney from UGRA. 2 JUDGE POLLARD: But not finally approved by 3 those attorneys? 4 COMMISSIONER MOSER: Correct. It says 5 contingent upon approval by them, right. Right. This 6 is not normally the way we would do things, but we got 7 this deadline. 8 JUDGE POLLARD: It's a timed deadline. 9 COMMISSIONER MOSER: We got the deadline to 10 face. 11 JUDGE POLLARD: And Mr. Obama expires. I 12 keep wanting to mention that. 13 COMMISSIONER MOSER: So I move that we 14 approve the interlocal agreement, drafted interlocal 15 agreement contingent on approval by County Attorney, and 16 with the conditions -- well as I've discussed and 17 delineated in here before for the application for 18 proceeding with the grant from Texas Department of 19 Emergency Management, and Federal Emergency Management 20 Agency. 21 JUDGE POLLARD: And contingent upon the City 22 of Kerrville and UGRA agreeing to participate with us? 23 COMMISSIONER MOSER: Correct. If they don't 24 approve it, right, then it's not approved, correct. So 25 that's my motion. 99 1 JUDGE POLLARD: I'm not going to repeat that 2 motion. Did everybody understand it? Is there a 3 second? 4 COMMISSIONER REEVES: Could we at least put 5 in there a dollar cap, because we've gone from different 6 amounts, 950 -- 7 COMMISSIONER MOSER: The draft that you 8 have, the latest draft that you have is 980, and it's in 9 there. Let me read it again for you. It's anticipated 10 cost of implementing the project if the grant is 11 received will not exceed $980,000.00. 12 COMMISSIONER REEVES: As long as it's clear 13 we're not going up on that, because our cost sharing has 14 gone from 40 to maybe 50. And now first draft was 950, 15 now we got 980. If we're going to do something I'd like 16 at least a dollar amount -- 17 COMMISSIONER MOSER: Commissioner, let me 18 read it again. 19 COMMISSIONER REEVES: I hear you, 20 Commissioner; I'm not deaf. 21 JUDGE POLLARD: Include it in the motion, 22 include the 980. 23 COMMISSIONER MOSER: It's in the motion. As 24 delineated in the Interlocal Agreement, okay, it's 25 anticipated the cost of implementing the project, if the 100 1 grant is received, will not exceed $980,000.00, okay. 2 JUDGE POLLARD: Is there a second? 3 COMMISSIONER MOSER: The cost reimbursable 4 grant will be funded, and this is important, too, 75 5 percent by FEMA, and 25 percent by the parties. The 6 following are the party's allocations, okay, which is 7 very important also, percentages for the matching funds 8 not to exceed 245,000. So the matching funds cannot 9 exceed 245,000. And of that the County would be 10 obligated for 40 percent but no greater than 50 percent 11 depending on what the City and UGRA do. So if we can't 12 go above -- we can't go above 50 percent of -- we can't 13 go above a 122,500 or something like that, 50 percent of 14 245,000, that would be our maximum exposure. Okay. So 15 I think I understand what you're staying. 16 COMMISSIONER REEVES: I can live with that, 17 but -- 18 JUDGE POLLARD: Is that a second? 19 COMMISSIONER REEVES: No; I'm talking. If 20 we want to rush through it, let's rush through it, 21 Judge, I'm -- 22 JUDGE POLLARD: I'm not trying to rush 23 through it. I'm just trying to find out what it is. 24 COMMISSIONER REEVES: I think this thing is 25 too important, we can't leave it on Pluto, and I'd 101 1 prefer better even if this draft that our County 2 Attorney had reviewed it before we acted on it. I 3 mean -- 4 COMMISSIONER MOSER: Well, we can have a 5 special session, okay, to do that. I said contingent on 6 it, we do that many times. Contingent on approval by 7 County Attorney. I think we've set that precedent 8 before. 9 COMMISSIONER REEVES: We have. But this 10 time I'd feel a lot better with a review of it. 11 COMMISSIONER MOSER: Okay, I made a motion. 12 JUDGE POLLARD: Okay. Is there a second? 13 COMMISSIONER LETZ: I'll second, but I may 14 have some more questions. 15 JUDGE POLLARD: All right then been moved 16 and seconded. Now, what are your questions? 17 COMMISSIONER LETZ: I don't see an out in 18 this agreement. I mean everything's contingent on all 19 this other stuff happening, it seems to me that there 20 should, I mean -- or I would like to see -- 21 JUDGE POLLARD: A backdoor. 22 COMMISSIONER LETZ: Yeah, a backdoor to get 23 out of this thing. Once that grant, if it's awarded -- 24 if it's awarded, you know, I see that we may want to 25 relook at this agreement. 102 1 COMMISSIONER MOSER: No. If it's -- no. An 2 earlier comment that I made, if the grant is awarded 3 they'll be a separate Interlocal Agreement established 4 at that time. This is only for the application. This 5 is a -- this is for -- this is for the application 6 itself; it's not for implementing the project. 7 COMMISSIONER LETZ: But does it say that? 8 That's my -- 9 COMMISSIONER MOSER: Well, the whole title 10 is Kerr County Flood Warning System grant application. 11 That's what it's titled. 12 COMMISSIONER LETZ: This says Interlocal 13 Agreement. 14 COMMISSIONER MOSER: I'm sorry. Sorry, 15 sorry. No, it says Interlocal Agreement, Kerr County 16 Flood Warning System grant application. If you're 17 looking at the latest draft dated 1-7-17. Are you 18 looking at an old one? 19 COMMISSIONER LETZ: I'm looking at that. 20 COMMISSIONER MOSER: That's what it's 21 titled. 22 COMMISSIONER LETZ: You know, I've worked 23 with a lot of these grants as you're aware, and I 24 understand that it's very cumbersome doing this part of 25 it and putting these things together and coalitions 103 1 together, but it's just my preference would be able to 2 make it clear that, you know, this is a kind of a straw 3 man to put in the application because we have to have 4 it, but it's going to be re looked at in the future. 5 COMMISSIONER MOSER: But it's no different 6 than our sewer system in Center Point where we just got 7 an Interlocal Agreement -- 8 COMMISSIONER LETZ: I understand. 9 COMMISSIONER MOSER: -- from Kendall County. 10 But we got the approval for 30 million dollars in 11 advance. 12 COMMISSIONER LETZ: Right. 13 COMMISSIONER MOSER: So I don't see that -- 14 COMMISSIONER LETZ: Well, I agree. 15 COMMISSIONER MOSER: I agree if we had a 16 year to do this we would put each one of these steps in 17 line, but we don't. Now our other option is don't do 18 anything, which is an option. I mean we can just stick 19 with what we have. 20 COMMISSIONER LETZ: I'm in favor of -- I 21 mean this is a good project. I'm not totally sure I 22 want to spend a hundred and 25 thousand dollars on it, 23 but I like the concept, to look at it and I don't mind 24 applying for the grant as long as there's outs along the 25 way for us and our partners. 104 1 COMMISSIONER MOSER: I think the outs are 2 number one if we receive the grant then we have -- that 3 takes additional action by this Court, we don't have to 4 accept any money, we don't have to do it, okay. At that 5 time, too, if we decide to accept the funds from the 6 grant and we decide to agree to manage it, that'll take 7 an action by this Court; not by this action here. So 8 this is just to move forward to applying for the grant. 9 At that time we can make all those decisions, and at 10 that time, we can also have to have a separate agreement 11 with the parties involved, and it may be different than 12 what we have right here. But at least it's for the 13 specific improvements to the Flood Warning System that 14 we have, that's what this is. We can't deviate from 15 that. We can't say now we want to add sirens and all 16 that kind of stuff because we didn't apply for that. 17 COMMISSIONER REEVES: What is the County 18 Attorney's feelings? 19 MRS. STEBBINS: I haven't reviewed this 20 agreement this morning. I reviewed it last week and of 21 course it enters -- we enter into an agreement with UGRA 22 and the City to apply for the grant, and it provides in 23 here that this -- that there will be an additional 24 agreement for project implementation so we have that. 25 COMMISSIONER REEVES: It will be there. 105 1 MRS. STEBBINS: Yes, Sir. 2 COMMISSIONER REEVES: And do you feel 3 comfortable with that language, or will you feel 4 comfortable enough when you approve it? 5 MRS. STEBBINS: I will feel comfortable 6 enough when I approve it. I haven't gotten to dive into 7 this copy yet this morning and I don't feel comfortable 8 saying that I have. 9 COMMISSIONER MOSER: And you shouldn't, 10 right. 11 COMMISSIONER REEVES: That's fair enough for 12 me. 13 JUDGE POLLARD: All right. This is item 14 1.29 on the agenda, a motion was made by Commissioner 15 Moser and seconded, somewhat hesitantly, by Commissioner 16 Letz to approve the Interlocal Agreement between Kerr 17 County, Upper Guadalupe River Authority, and the City of 18 Kerrville for submitting that application for a Hazard 19 Mitigation Action Flood Warning System. As I understand 20 it this motion's contingent on the UGRA and the City of 21 Kerrville agreeing to participate in it, and if the City 22 of Kerrville doesn't participate in it, perhaps the 23 county's participation would go up to 50 percent instead 24 of 40, and it's also contingent upon not only those two 25 entities approving it, but subject to the approval of 106 1 the County Attorney of Kerr County. Does that cover 2 everything? 3 COMMISSIONER MOSER: Well stated, right. I 4 think you got it. 5 COMMISSIONER LETZ: But I have one more 6 thing. Because we've had so much communication or 7 talking about this actual contract, what are we going to 8 do if either UGRA or the City modifies this agreement, 9 we're the first ones signing it. All of a sudden -- 10 MR. BELEW: Run out of time. 11 COMMISSIONER MOSER: Well, no. 12 JUDGE POLLARD: The time constraint, yeah. 13 COMMISSIONER LETZ: Are we going to give any 14 latitude to approve a change? 15 COMMISSIONER MOSER: Let me say that, and 16 Wendy jump in, we can move forward with the application, 17 okay, even if we don't have the Interlocal Agreement in 18 place. 19 MS. KIRBY: That is correct. Because 20 ultimately the State views the County as the applicant. 21 COMMISSIONER MOSER: Right. 22 COMMISSIONER LETZ: Okay. 23 COMMISSIONER MOSER: That's it. So that's 24 our safeguard there. 25 JUDGE POLLARD: All right, is everybody 107 1 happy with my restatement of the motion? 2 COMMISSIONER REEVES: So you're saying we 3 don't need this to proceed with the grant. 4 MS. KIRBY: That is correct. That's between 5 you, UGRA and the City. 6 COMMISSIONER MOSER: But we're applying. We 7 the County. We don't want to apply unless we have other 8 people participating in that approval -- I mean that 9 application. 10 COMMISSIONER REEVES: That helps. 11 COMMISSIONER MOSER: Okay. 12 JUDGE POLLARD: All right, you happy with my 13 wording of the Resolution? 14 COMMISSIONER MOSER: 100 percent. 15 JUDGE POLLARD: Are you happy with it? 16 COMMISSIONER LETZ: I'm okay. 17 JUDGE POLLARD: Okay. Those in favor of the 18 motion signify by raising your right hands. Four zero, 19 unanimous. Wow. 20 COMMISSIONER MOSER: Wow, that's a change 21 from position Number 1 over here. 22 JUDGE POLLARD: 1.30 consider, discuss and 23 take appropriate action on approval for the submission 24 of a hazard mitigation action flood warning system 25 grant; appoint the County Judge as the chief executive 108 1 officer and authorizing representative to act in all 2 matters in connection with the hazard mitigation grant; 3 commitment of the County to the 25 percent local 4 matching funds to secure and complete the hazard 5 mitigation action grant. Commissioner Moser and Wendy 6 Kirby. 7 COMMISSIONER MOSER: Let me say in light of 8 the fact that our next Commissioners' Court doesn't meet 9 until the 23rd, okay, the deadline is the 20th, okay. 10 This says we're going to proceed with applying for the 11 grant, and all the necessary signatures and all are 12 there; however, okay, if the City doesn't participate, 13 the County doesn't -- I mean UGRA doesn't participate, 14 that grant will not be submitted. We can say, Wendy, we 15 are not going to submit that grant, okay. But this just 16 with this Court's action today enables to proceed 17 forward with the assumption, okay, an agreement that all 18 these other parties are going to participate, and lets 19 Wendy proceed with the grant application. The grant 20 application is about this thick, okay. Probably a 21 hundred pages or so. But it does not -- if there's any 22 reason between now and January 20th of we don't want to 23 do that, you know, we don't have to take the Court 24 action, we'll just say we're not submitting it. 25 COMMISSIONER REEVES: And we're authorizing 109 1 the County Judge to make this decision. 2 COMMISSIONER MOSER: Correct. We're 3 authorizing the County Judge to make that decision. 4 JUDGE POLLARD: Well, no -- 5 MS. KIRBY: And even if it is submitted -- 6 COMMISSIONER MOSER: Wait, wait. What did 7 Wendy say? 8 MS. KIRBY: Even if it is submitted and you 9 decide after the 20th that you want to withdraw it, we 10 can still withdraw it. 11 COMMISSIONER MOSER: Okay, good point. 12 Thank you. 13 JUDGE POLLARD: That's automatically. I 14 don't make a decision. I've got a road map right there. 15 If these certain things happen, then okay, we don't 16 submit it. 17 COMMISSIONER MOSER: All right and we 18 don't spend -- 19 JUDGE POLLARD: No discretion on it, Bob. 20 COMMISSIONER MOSER: And as she just said 21 though even if she submits it and something comes up 22 that we want to withdraw, we can do that. But take 23 Court action -- I mean Commissioners' Court to do that, 24 okay. 25 So I move for submission of -- submission of 110 1 the -- submission of the hazard mitigation action Flood 2 Warning System grant and appoint the County Judge as the 3 chief executive officer and authorizing representative 4 in all matters in connection with the hazard mitigation 5 grant. Okay, and it's a commitment by the County for 25 6 percent local matching funds and to secure and complete 7 the hazard mitigation application grant. That's my 8 motion. 9 JUDGE POLLARD: Is there a second? 10 COMMISSIONER BELEW: I'll second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Moser and seconded by Commissioner Belew, I'm real 13 surprised at this, in regard to item 1.30 of the agenda, 14 to submit the hazard mitigation action Flood Warning 15 System Grant, and to appoint the County Judge as the 16 chief executive officer and authorizing representative 17 to act in all matters in connection with the hazard 18 mitigation grant, pursuant to the road map that has been 19 outlined in this discussion. There won't be any 20 discretion on my part, okay. Okay. And commitment of 21 the County to 25 percent local matching funds to secure 22 and complete the hazard mitigation action grant. Is 23 that a fair statement of the motion? 24 COMMISSIONER MOSER: It is. 25 JUDGE POLLARD: I didn't want any discretion 111 1 in there on my part. I want it to be a clear step, 2 step, step, and then I know what to do. 3 COMMISSIONER MOSER: I like it, too. 4 COMMISSIONER REEVES: And does that motion 5 include signing the resolution that's in the 6 attachments, Commissioner? 7 COMMISSIONER MOSER: Yes. And the motion 8 includes that. Thank you. 9 JUDGE POLLARD: Is there any further 10 discussion on it? 11 COMMISSIONER LETZ: Yes. Wendy, in section 12 3 it says Kerr County is committing to provide 25 13 percent or more local matching funds contribution to the 14 2017-2018 FEMA mitigation project. 15 MS. KIRBY: That's a requirement by the 16 State, the State requires that or more because if they 17 don't have enough funds they want you to have the option 18 that says okay we don't have but 9 hundred thousand, and 19 if we give you 9 hundred -- if you wanted to, you could 20 do more, it's an option, so that's why they require 21 that. 22 COMMISSIONER LETZ: My question is the 23 word -- the way it's phrased, it's committing. Up in 24 the whereas, it says applicants are required to commit 25 25 percent or more local matching funds to secure and 112 1 complete the -- 2 MS. KIRBY: Yes. 3 COMMISSIONER LETZ: Down here it says we're 4 committing. 5 MS. KIRBY: Yes, in the Resolution you do 6 commit if you're going to go into the application and 7 submit it they to want know that you're serious about 8 actually doing the project, but you have -- at any point 9 in time if you can change your mind and withdraw it. 10 But they do require that Resolution, and 25 percent or 11 more in the wording, just in case they don't have enough 12 funds, and if you wanted to do the full project, they 13 say instead of 75 percent funding we'll give you 60 14 percent funding. And that's just their requirement. 15 And more or less in most situations like 16 your hazard mitigation planning grant you could have 17 done that same thing with your grant for your hazard 18 mitigation plan, but we just opted to change the price 19 down and make your commitment a little bit less and the 20 participants a little bit less. 21 COMMISSIONER LETZ: Okay. 22 JUDGE POLLARD: Any further comments or 23 questions about the motion? If not, those in favor of 24 the motion signify by raising your right hand. Four 25 zero, unanimous. 113 1 Item 1.31 consider, discuss and take 2 appropriate action to execute the hazard mitigation 3 flood warning system grant application packet for 4 submission to the Texas Division of Emergency Management 5 Hazard Mitigation Grant Program. Commissioner Moser and 6 Wendy Kirby. 7 COMMISSIONER MOSER: Okay, the previous 8 action item was to approve submission. The next action 9 item is to approve the execution. Wendy, you want to 10 comment on that? 11 MS. KIRBY: Basically we've worked hard to 12 get the application packet prepared and ready to go, so 13 really, if you review it and sign the signature pages, 14 so you get to see what we have put together at the 15 packet, and the forms that are required to be submitted. 16 It's the paper application packet that the State 17 requires, so that's really all this is. 18 COMMISSIONER MOSER: So I move for approval. 19 JUDGE POLLARD: Is there a second? 20 MR. BELEW: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Moser, seconded by Commissioner Belew to submit the 23 Hazard Mitigation Flood Warning grant application packet 24 to the Texas Division of Emergency Management hazard 25 mitigation grant program. Did I fairly state it? 114 1 COMMISSIONER MOSER: You did. 2 JUDGE POLLARD: Is there further discussion 3 or comment on it? 4 COMMISSIONER LETZ: Wendy, can you explain 5 the page that says all applications over a hundred 6 thousand dollars require this form if you're going to 7 lobby for funding, and if not -- so we're not going to 8 lobby or we are going to lobby? 9 MS. KIRBY: Most places don't. Sometimes 10 they'll lobby in Congress for grant funds, typically 11 I've seen it in the pre disaster mitigation grants. I 12 haven't really seen it done in HMGP grants. But you 13 have to disclose that you are going to be lobbying on 14 behalf of the funding, but I've never seen anybody do 15 that, but it's required to be in the FEMA paperwork, so 16 I just have to put on there not lobbying and then 17 initial that. 18 JUDGE POLLARD: Anything further? If not, 19 those in favor of the motion signify by raising their 20 right hands. It's four zero, unanimous. Great job, 21 Wendy. 22 MS. KIRBY: Thank you very much for your 23 time. 24 Jody, you'll get those signed documents to 25 me today? 115 1 COMMISSIONER MOSER: The fat lady has not 2 sung, but she's humming very loud. 3 MS. KIRBY: We'll keep moving forward 4 however you want. I appreciate your time. Thank you 5 very much. 6 JUDGE POLLARD: Okay. There's a timed item 7 at 10:30, and we're substantially passed that time. I 8 apologize, folks, for that. 9 1.35 consider, discuss and take appropriate 10 action regarding Resolution recognizing Hill Country 11 Telephone Cooperative, Windstream Communications and 12 AT&T for providing increased telephone service 13 reliability by establishing redundant telephone 14 connectivity between telephone terminals in Kerrville 15 and San Antonio. Mr. Moser. 16 COMMISSIONER MOSER: Thank you, Judge. A 17 little over a year ago, the City, the County, met with 18 the representatives from Windstream and Hill Country 19 Communications -- Telephone Coop service, to identify 20 what we might do -- to what they might do; not what we 21 might do, what they might do to get a more reliable 22 telephone service. 23 Fast forward to today. Those three entities 24 plus AT&T, okay, have completed a completely redundant 25 line between Kerrville and San Antonio and today we have 116 1 here to thank Hill Country Telephone, HCTC, and also 2 Windstream, and AT&T, who could not be here today, to 3 thank them for what they've done. I'd like for each one 4 of them to be able to say something because they've 5 committed time and resources, and when I say resources, 6 they spent a lot of money of their own. 7 JUDGE POLLARD: They sure did. All right, 8 here representing Hill Country -- 9 MR. TINLEY: Yes, Sir. I'm Patrick Tinley 10 with Hill Country Cooperative. 11 JUDGE POLLARD: Junior. 12 MR. TINLEY: Yes, Junior. Everybody knows 13 Tinley in this Court. Come on up, Rusty. There's a 14 joint partnership between Windstream and Hill Country 15 Telephone and AT&T. It was hoped to have been completed 16 sooner than December, but we encountered a number of 17 obstacles. Of course money was not one, we had full 18 support of our companies to provide more reliable 19 service. The cuts that we encountered last year were 20 ridiculous. We both felt the brunt of it and we wanted 21 to make sure that not only 911, emergency services, the 22 hospital, and everybody around could have good quality 23 communications to San Antonio. You know we're both 24 competitors but we also know that this is a community of 25 individuals that work together well. So we appreciate 117 1 the County support, and all the help that Commissioner 2 Moser did to get At&T to the table. 3 JUDGE POLLARD: Thank you, Mr. Tinley. 4 MR. HENDERSON: Rusty Henderson, local 5 manager with Windstream here in Kerrville. So just like 6 Patrick said, it was a long process. Longer than what 7 we wanted, we did run into some obstacles. But the main 8 thing is we do have a true diverse pathway out of 9 Kerrville now. So we're -- we've been fortunate to be 10 able to work together and get this done. 11 COMMISSIONER MOSER: And also, Debbie Keel, 12 she's the regional director AT&T, she called this 13 morning, she's under the weather. She wanted to be 14 here, she was coming over Waco. So it took all three 15 parties a long time and a lot of cooperation, and I have 16 no idea, they can blow us away with all the technical 17 stuff they had to do, but it was a lot, okay. But it's 18 here and it's there. And I also want to thank 19 Representative Andy Murr, and Kellie Early is here, 20 representing Andy Murr who also helped in this. So it 21 wasn't anything any County or any governments did, it's 22 these guys did it. It's these guys did it. 23 MR. TINLEY: And I'd also like to thank Kerr 24 911, they facilitated a lot of that as well. 25 COMMISSIONER MOSER: Oh, absolutely. Right. 118 1 And I was going to take the time just for one 2 second to -- we received, the County Judge, 3 Commissioners Court received a letter January 21st, 4 2016, it's been almost a year now, from Peterson 5 Regional Medical Center. The impact of these lines 6 being lost, which shouldn't happen again, was huge. I 7 mean for instance, in the letter I'm just going to 8 quote, they said they had no access to helicopter 9 transport, no access to on-call physicians, no access to 10 referral hospitals to secure safe locations, they 11 couldn't admit patients because they couldn't get 12 approval from the insurance companies. No telemedicine 13 access for our stroke and psychiatric emergency 14 networks, no access to fax lines, and in addition to 15 that, there were people with monitoring systems to their 16 heart that couldn't be received, so this was huge. So 17 what these guys have done is, you know, really to be 18 commended. I mean it's -- it's a big thing for 19 Kerrville, so thank you, guys. 20 MR. TINLEY: We appreciate it. 21 COMMISSIONER REEVES: I think it's just an 22 example of people being local and understanding the 23 needs we have. Both of these understand what it's all 24 about here in Kerr County and then stepped up. And I 25 thank y'all personally. 119 1 JUDGE POLLARD: And we're fortunate to have 2 citizens in our County and corporations in our counties 3 that are aware of the local problems and are willing to 4 help like this. The spirit that is very greatly 5 appreciated by everybody, and it's a benefit to 6 everybody in the County. Thank y'all very, very much. 7 COMMISSIONER MOSER: Right. 8 (Applause.) 9 COMMISSIONER MOSER: Well, with that, Judge, 10 I'd like to make a motion to approve a resolution and 11 I'll read it for the record. Resolution of Kerr County, 12 Texas Commissioners' Court to recognize Hill Country 13 Telephone Cooperative, HCTC, Windstream Communications 14 and AT&T for providing increased telephone service 15 reliability by establishing redundant telephone 16 connectivity between telephone terminals in Kerrville 17 and San Antonio. 18 Whereas telephone service in Kerr County was 19 disrupted five times in 2015, in 2016, causing 20 significant dangerous impacts to commerce, emergency 21 services and everyday life, and whereas these 22 disruptions were in effect for many hours, and whereas 23 many services could not be provided by 911, Peterson 24 Regional Medical Center, medical helicopters, law 25 enforcement, fire fighters, home health, hospice, EKG 120 1 monitors, hospital admittance and life alert personal 2 monitors. Whereas Kerr County Court passed a Resolution 3 December 14th, the 2015, encouraging telephone service 4 providers to provide redundant and more reliable service 5 to Kerr County residents, and whereas the telephone 6 service providers whereas named above met with the 7 community leaders and elected officials from the 8 Kerrville and Kerr County to understand the needs, and 9 whereas these companies have worked effectively 10 together, dedicated resources and improved 11 communications systems in order to construct a redundant 12 and more reliable telephone services, inter and intra 13 Kerr County. 14 And therefore be it resolved Kerr County 15 Commissioners' Court thanks and appreciates the three 16 telephone service providers for recognizing the 17 importance of their service to the health, safety and 18 welfare of the residents of Kerr County, and for 19 providing a telephone service of greatly improved 20 reliability. 21 So that's my resolution, and I submit be 22 approved. 23 COMMISSIONER REEVES: I second it. 24 JUDGE POLLARD: Been moved by Commissioner 25 Moser, seconded by Commissioner Reeves to authorize the 121 1 execution of the resolution as presented in the agenda 2 package. And is there any further discussion? There 3 being none, those in favor signify by raising your right 4 hands. It's four zero, unanimous. I thank you very 5 much. I think we got past all of the timed ones now, is 6 that correct? 7 (Off the record.) 8 JUDGE POLLARD: Going back to 1.19 on the 9 agenda consider, discuss and take appropriate action on 10 renewing contract with Air Methods, formerly known as 11 AirLife, and Air Med, formerly known as Air Evac, by 12 offering payroll deductions to employees through County 13 payroll system. Dawn Lantz. 14 MRS. LANTZ: Good morning, Commissioners, 15 Judge. This is just a renewal of the contract we have 16 in place between Air Med and Air Evac allowing 17 helicopter service to our employees so it is time to 18 renew that. 19 JUDGE POLLARD: That's a good service. A 20 payroll deduction. 21 MRS. LANTZ: I was told by one of the 22 companies that this will be this the last year that we 23 will get service for ten dollars for the household 24 because they are go to be redoing the prices for that 25 service, so they're going to allow it again this year, 122 1 but next year those rates will go up. 2 JUDGE POLLARD: Have they mentioned any 3 possibilities of what they might be? 4 MS. LANTZ: No, they have not. 5 JUDGE POLLARD: Okay. Well, if it's under 6 50 bucks or something, it's a bargain because in case 7 those of you that don't know about it, one of the last 8 time I checked with one of those services, if you didn't 9 have the insurance or the coverage with them, a trip in 10 the helicopter to San Antonio was 37 thousand dollars. 11 And you can get all of that for joining anything under 12 whatever this service is with a payroll deduction plan, 13 and by the way any citizen of the County and City can do 14 the same, do the same thing for that same amount. It's 15 a bargain. And if you happen to have to use it, it'll 16 keep from you filing bankruptcy. I've had clients in 17 probate that have had to file bankruptcy because of 18 that, okay. So it's a really great thing, and I 19 encourage everybody to do it. 20 COMMISSIONER MOSER: It's important to know 21 that if you belong to one service and the other service 22 picks you up, they don't -- 23 JUDGE POLLARD: You gotta belong to both. 24 COMMISSIONER MOSER: You gotta belong to 25 both, that's the message. So thank you for getting that 123 1 done, getting both of those into the County. 2 COMMISSIONER REEVES: I move to authorize to 3 renew contracts with both Air Methods and Air Med, and 4 authorize the County Judge and any other official that 5 is needed to sign said agreements. 6 COMMISSIONER MOSER: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Reeves, seconded by Commissioner Moser to renew the 9 contract with Air Methods and Air Med by offering 10 payroll deduction to employees through the County 11 payroll system, and authorize the County Judge to sign 12 same. 13 COMMISSIONER REEVES: Or anybody else that 14 is required to be on this. 15 JUDGE POLLARD: Right, that's correct. Is 16 that is a fair statement of the motion? 17 COMMISSIONER REEVES: Yes, Sir. 18 JUDGE POLLARD: All right, those in favor of 19 the motion signify by raising your right hand. It's 20 four zero, unanimous. 21 All right, 1.20 consider, discuss and take 22 appropriate action to approve resolution opposition to 23 reference Search, Texas. Robbin Burlew. 24 MS. BURLEW: Good morning. I had presented 25 a Resolution because the Texas office of court 124 1 administration under the Supreme Court of Texas 2 direction has created a Research, Texas, a web portal to 3 allow judges secure access to a consolidated database of 4 case information that has been e-filed, and for the sole 5 purpose of this was for the attorneys to file documents 6 electronically to the courts and that information would 7 only be retained for 30 days. 8 Well, the research -- Search, Texas, is now 9 wanting to allow the attorneys to be able to go online. 10 JUDGE POLLARD: Directly contact and access 11 the information. 12 MS. BURLEW: Right, to access the 13 information, but the district clerks of each County are 14 the designated custodian of court records and are 15 responsible for preservation and access of court 16 records, so I'm asking the Court to sign a resolution 17 for the opposition of the access to the attorneys. 18 JUDGE POLLARD: Robbin, let me see if I can 19 ask you some questions about it. As I understand this 20 is a system that was set up with a background 21 investigation on all criminal cases, is that correct? 22 Any Defendant that had something pending in the district 23 court and charged, this is the records as it relates to 24 all that, is that correct? 25 MS. BURLEW: Well actually, I mean the 125 1 criminal side of it we haven't actually -- we don't have 2 that in our data base; it's only the civil and family. 3 JUDGE POLLARD: Civil and family stuff. 4 MS. BURLEW: Yes, Sir. 5 JUDGE POLLARD: All right. But it was 6 designed initially for the district judges to have 7 access to it, is that correct? 8 MS. BURLEW: That is correct. 9 JUDGE POLLARD: And now they're asking that 10 it be enlarged so that the attorneys generally can have 11 access to it directly, is that correct? 12 MS. BURLEW: Yes, Sir. 13 JUDGE POLLARD: And why do you present this 14 proposal to opposing it. Why do you oppose it? 15 MS. BURLEW: Well, I oppose it because of -- 16 you know, it's going to take away probably -- see like 17 right now the attorneys have access to the records, but 18 they pay in subscription fee every year. So that's 19 going to take away from our revenue as far as the 20 attorneys paying access to it. They'll be paying 21 probably the research -- the Search, Texas to access the 22 files. Plus, I feel that it's not a -- it could -- I 23 mean it's not a secure -- how do we know how secure this 24 is, and the district clerk is the one that's supposed to 25 handle all the records, but it's going to be out of my 126 1 hands then as far as them accessing all the records and 2 preserving them. 3 JUDGE POLLARD: Civil records are all public 4 records anyway. Someone could go up into the clerk's 5 office and access those records, couldn't they? 6 MS. BURLEW: Yes. It's just not, I guess, 7 available outside of the courthouse unless you have a 8 subscription right now. 9 COMMISSIONER REEVES: Is this another one of 10 the mandates that's coming down from out of the local 11 control that's causing a burden on you? 12 MS. BURLEW: Yes. 13 COMMISSIONER REEVES: Could it cause a 14 financial burden on the County because of the lost 15 revenues that you'd otherwise be collecting? 16 MS. BURLEW: Yes, Sir. So I believe all the 17 different district clerks in the counties are, you know, 18 opposing this. 19 COMMISSIONER REEVES: And is it going to 20 require any more from your workforce to oversee this? 21 Increased work load? 22 JUDGE POLLARD: For you and your office? 23 MS. BURLEW: For me? Well, I'm not sure at 24 this point what it's going to cause as far as that. 25 COMMISSIONER REEVES: But it could it's 127 1 another example of a mandate that -- 2 MS. BURLEW: Right. 3 COMMISSIONER REEVES: -- coming out of -- 4 thank you. 5 JUDGE POLLARD: An unfunded mandate, hu? 6 MS. BURLEW: Right. 7 COMMISSIONER LETZ: I guess my -- one, the 8 financial thing, and I agree with the resolution, but by 9 law, the Constitution, your responsibile for these 10 records. 11 MS. BURLEW: Right. 12 COMMISSIONER LETZ: How are you responsible 13 for it, if it seems like they're going to be putting it 14 around the district clerk's system, I mean if this is 15 all being filed through the Office of Court 16 Administration, and you don't even have -- I mean if 17 they're not going through your office or through any 18 district clerk, how do they expect y'all to be 19 responsible for the reliability of the records if you 20 have no control over the records? I mean -- or am I 21 missing something, or is that correct? 22 MS. BURLEW: No, no, you're right on that, 23 so that's my concern. 24 MR. BELEW: I have a question. Are all 25 these now, Robbin, they're now are they all digital, all 128 1 these files? 2 MS. BURLEW: Well, yes. All the civil and 3 family records are. 4 MR. BELEW: Scanned documents or they 5 actually -- 6 MS. BURLEW: Yes, they're scanned documents. 7 In other words all the attorneys they electronically 8 file them, it goes into this web portal, and then we 9 access them from there. 10 MR. BELEW: All right. So would anybody be 11 getting into our server to get those, or do we put them 12 into some other server? 13 MS. BURLEW: Well, it's like the Search, 14 Texas, is their own portal, so once we receive it, then 15 you know, we control our own documents once we receive 16 them. 17 MR. BELEW: Somebody has to have access -- 18 MS. BURLEW: Yes. 19 MR. BELEW: -- granted by you. 20 MS. BURLEW: Uh-huh. 21 MR. BELEW: And if they get it then they get 22 into our server? 23 MS. BURLEW: Right. 24 MR. BELEW: Or you don't send it to them. 25 MS. BURLEW: No, I don't send it to them. 129 1 MR. BELEW: You just grant access -- 2 MS. BURLEW: Yes. 3 MR. BELEW: -- into our server. 4 MS. BURLEW: Yes. 5 JUDGE POLLARD: Does this include sealed 6 files or such options or other files that are ordered 7 sealed by the Court? Would they have access to the 8 sealed information then? 9 MS. BURLEW: They do. If I -- I mean if 10 I -- 11 JUDGE POLLARD: It beats the whole -- 12 MS. BURLEW: I mean certain people can only 13 access sealed documents, but -- so it's kind of like you 14 know our public records, we have secure sites on our 15 terminals where people can't go into those certain 16 files. So once we accept it, then no one else can -- I 17 mean look at it after we've accepted it as a file. 18 JUDGE POLLARD: Are you concerned about 19 getting into our server? 20 MR. BELEW: Yeah. Because there's a 21 difference. 22 JUDGE POLLARD: I think that's a valid -- 23 MR. BELEW: There's a difference in me 24 requesting a piece of information and you tender that to 25 me, or me asking for the key to your office and your 130 1 file cabinet, much different. That's what we're talking 2 about. 3 JUDGE POLLARD: That's right. 4 COMMISSIONER REEVES: Are you recommending 5 us to sign this Resolution? 6 MS. BURLEW: Yes, Sir. I'm recommending the 7 Courts' permission to sign the Resolution. 8 COMMISSIONER LETZ: I move we approve the 9 resolution. 10 COMMISSIONER REEVES: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Letz and seconded by Commissioner Reeves for approval of 13 the resolution as submitted, and as to the tax -- 14 whatever that reference Search, Texas title. Is there 15 any further discussion? If there is none, then those in 16 favor of the motion signify by raising their right hand. 17 It's four zero, unanimous. 18 1.21 consider, discuss and take appropriate 19 action on submission of a grant application to the Alamo 20 Area of Council of Governments by the Juvenile Probation 21 Department for the support of youth averted for 22 delinquency program. Approve a Resolution and in 23 support of same and authorize the County Judge to sign 24 said resolution. Mr. Davis. 25 MR. DAVIS: Good morning, Judge, 131 1 Commissioners. This is a grant that the Juvenile 2 Probation Department has applied for through the COG for 3 a number of years now, I believe about seven years. We 4 had the grant in existence for about six years we 5 received it. For the current fiscal year we did not 6 receive funding, we were not ranked high enough in the 7 authority ranking through the COG to receive the 8 funding. This is a grant that -- it's a program -- it's 9 a pass-thru program. So what basically we do we apply 10 to the COG, if we receive the funding then the County it 11 is actually the Juvenile Probation Department, not the 12 County, that's awarded the funds. The amount of money 13 we're talking about will be limited to one hundred 14 thousand. Previously it had been right around that one 15 hundred thousand dollar mark. The COG now has put a cap 16 of one hundred thousand dollars so it'll be somewhere 17 underneath that amount that we would be applying for. 18 There is no match to the County, there is no match to 19 the Kerr County taxpayer. If we receive the funding, we 20 put the program in place. If we don't receive the 21 funding, we do not have the program in place. The last 22 year after we lost funding for this program, the 23 Callioux Foundation was kind enough to give BCFS the 24 funding to directly pay for it and BCFS operating 25 program, with the support of the Callioux Foundation. 132 1 We are wanting told relieve the Callioux Foundation of 2 that burden and asking the COG to support this. 3 I did say this was a pass-thru grant. 4 Basically what happens is if we receive the funding, we 5 are the recipient, we monitor the funds through the 6 auditor's office, but the program is not an in-house 7 program. The program is being operated by BCFS. When 8 we have a system in place now, I would come back to this 9 Court, and the Commissioners, and the juvenile board, if 10 we received the funds, to put a contract in place. This 11 is strictly a resolution supporting the application. 12 They operate the program, they have the staff, the 13 personnel, they receive an invoice every month, and we 14 pay them -- we pay them the amount of the cost of the 15 actual operation of the program. 16 JUDGE POLLARD: Thank you, Sir. 17 COMMISSIONER LETZ: Move for approval. 18 JUDGE POLLARD: Is there a second? 19 COMMISSIONER MOSER: Second. 20 MR. BELEW: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Letz, seconded by Commissioner -- which one? 23 COMMISSIONER MOSER: Belew. 24 JUDGE POLLARD: Belew. To approve the grant 25 application to this agenda item 1.21 of the agenda, to 133 1 approve the grant application to the Alamo Area Counsel 2 of Governments, by the Juvenile Probation Department for 3 the support of youth averted for delinquency program, 4 and to approve a resolution that the Court is saying to 5 authorize the County Judge to sign same. Is there any 6 further discussion, comment or question? There being 7 none, those in favor of the motion signify by raising 8 your right hands. It's four zero, unanimous. 9 MR. DAVIS: Thank y'all. 10 JUDGE POLLARD: And jump all the way over to 11 1.32. 12 COMMISSIONER MOSER: Can we take another 13 five-minute break. 14 JUDGE POLLARD: All right, a five-minute 15 break. 16 (Break.) 17 JUDGE POLLARD: Let's go to item 1.32 -- 18 we're back in session. Consider, discuss and take 19 appropriate action to open and accept request for 20 qualifications for engineering services for a project 21 funded by the Colonia Economically Distressed Areas 22 Programs funds under Department of Agriculture for 2017. 23 Commissioner Moser. 24 COMMISSIONER MOSER: We have -- did we 25 receive any? 134 1 MRS. GRINSTEAD: We just received, and this 2 came back awhile ago. It's in that packet that I gave 3 you. 4 COMMISSIONER LETZ: We have an RFP for 5 engineering services proposed contract funding for 2017 6 Colonia economically distressed areas program, and it is 7 from Tetra Tech. 8 JUDGE POLLARD: Tetra Tech. 9 COMMISSIONER MOSER: And that's the only one 10 we received. 11 COMMISSIONER LETZ: That's the only we 12 received. 13 COMMISSIONER REEVES: Since we opened an 14 award -- we'd opened and awarded the bid for 15 administrative services, but not engineering services, I 16 guess 'cuz it wasn't listed then. 17 COMMISSIONER LETZ: Right. I make a motion 18 that we award the contract for engineering services. 19 MRS. GRINSTEAD: That's the next one. Just 20 accept it on this one. 21 COMMISSIONER LETZ: That we accept the RFQ 22 of engineering services from Tetra Tech. 23 COMMISSIONER MOSER: Second. 24 JUDGE POLLARD: Been moved by Commissioner 25 Letz, seconded by Commissioner Moser that we except the 135 1 proposal from Tetra Tech for the engineering services 2 for a project funded by Colonia Economically Distressed 3 Area Program Funds under the Department of Agriculture 4 for the year 2017. Is there any further comment, 5 question or discussion? There being none, those in 6 favor signify by raising your right hands. It four 7 zero, unanimous. Thank you. 8 1.33 consider, discuss and take appropriate 9 action to adopt Resolution to designate an engineer for 10 a project funded by the Colonia Economically Distressed 11 Areas Program funds under the Department of Agriculture 12 for the year 2017, Commissioner Moser. 13 COMMISSIONER MOSER: Judge, I move that we 14 adopt a Resolution which designates Tetra Tech as the 15 engineering for the CEDAP funds, and I won't read the 16 whole Resolution, it's in the record. 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Moser, seconded by Commissioner Letz to award to 20 designate Tetra Tech as the engineer for a project 21 funded by Colonia Economically Distressed Areas Program, 22 known as CEDAP, under Department of Agriculture for the 23 calendar year the 2017. This is in accordance with 1.33 24 of the agenda item. Are there any further discussion 25 questions or comments? There being none, those in favor 136 1 signify by raising your right hands. It's four zero, 2 unanimous. 3 1.34 consider, discuss and take appropriate 4 action to adopt resolution to designate a grant 5 administrator for a project funded by the Colonia 6 economically stressed areas program, known as CEDAP, 7 funds under Department of Agriculture for the calendar 8 year 2017. Commissioner Moser. 9 COMMISSIONER MOSER: Judge, I move that we 10 adopt a Resolution designating GrantWorks for the 11 administrative services for CEDAP funds for the project. 12 COMMISSIONER LETZ: Second. 13 JUDGE POLLARD: Been moved by Commissioner 14 Moser, seconded by Commissioner Letz to appoint 15 GrantWorks as the grant administrator for project funded 16 by the Colonia Economically Distressed Areas Program 17 funds under the Department of Agriculture for the 18 calendar year 2017. Any further questions, comments? 19 COMMISSIONER MOSER: I might just add one 20 thing. What this is -- help me Commissioner Letz, I 21 think this -- this is the -- the second one of these 22 grants we're receiving and it'll be a total of about two 23 million dollars in grants that we could receive for this 24 project. And what it does is it connects individual 25 properties to the sewer system, so this is a potential 137 1 of a million dollars grant here. 2 COMMISSIONER LETZ: Right. The past couple 3 of items were really clean-up items for -- we kind of 4 lumped a bunch of things together previously and this 5 kind of sets them out so it's a better paper trail when 6 we're trying to find things in the future, which we 7 usually need to find things on these grants, and it's 8 going to making these a little bit more clear on these 9 agenda items and it's basically to continue to what 10 we've already done. We have already acted on this 11 GrantWorks, and is already working on the East Kerr 12 Wastewater Project portions of it. 13 MR. BELEW: This is to make sure that 14 everybody gets hooked up whether they can afford it or 15 not? 16 COMMISSIONER LETZ: Yeah. This is an 17 economic -- that area, not everyone will get hooked up, 18 but if you qualify as economic distressed, which is -- 19 MR. BELEW: Okay, a means test, is that what 20 it is? 21 COMMISSIONER LETZ: It's a means test when 22 you get assistance on the hookup, and this is to help do 23 that. 24 COMMISSIONER MOSER: So it's about like 25 about nine hundred properties, and we got a potential of 138 1 about the two million dollars to hook up individuals 2 people economically distressed, I should say, to hook up 3 so, okay. Anyway, just wanted to add that. 4 JUDGE POLLARD: Any further comment or 5 discussion? If not, those in favor of the motion 6 signify by raising your right hand. It's four zero, 7 unanimous. Thank you. 8 Going to 1.36 consider, discuss and take 9 appropriate action on request to authorize the County 10 Judge to prepare a letter approving the sale of alcohol 11 at the Kerrville Renaissance Festival to be held the at 12 the River Star Arts and Events Park from January 27, 13 2017 through January 29, 2017. Letter to be sent to the 14 Texas Alcoholic Beverage Commission. Jake Williamson, 15 howdy. 16 MR. WILLIAMSON: Howdy. Howdy, Sir, 17 Commissioners. Thanks for your time today. We have a 18 very exciting announcement. We have a new event that 19 came around that we're going to have near the end of 20 January. The promoters were kind enough to come as well 21 in case there's questions, and introduce them to the 22 media. 23 But what we're looking for is permission for 24 the letter to send to the alcohol commission as the park 25 on the event of the premise on the Event Center, and we 139 1 need that letter to be signed so we can sell alcohol at 2 the event. 3 COMMISSIONER MOSER: Let me ask a question, 4 this will be to the County Attorney, Heather, since 5 Precinct 2 is dry, and this is in Precinct 2, how do we 6 do that? 7 COMMISSIONER REEVES: You're just selling 8 beer, are you not? 9 MR. WILLIAMSON: Correct. Precinct 2 is a 10 beer only sale. 11 COMMISSIONER MOSER: This is just for beer. 12 It says for approving the sale of alcohol. 13 MR. WILLIAMSON: Right. We're precinct 2's 14 rules. 15 COMMISSIONER MOSER: Well, I mean beer's 16 always been -- okay. No, I was looking, I thought ha, 17 there's a way we can do it in the rest of the precinct. 18 Oh, shoot. 19 JUDGE POLLARD: Well, you want to change the 20 wording of the resolution to authorize the sale of beer. 21 COMMISSIONER REEVES: All right. Is this 22 mandated the way TABC says to do it? 23 MRS. STEBBINS: Probably the way TABC says 24 to do it. 25 JUDGE POLLARD: So they say that beer is an 140 1 alcohol beverage. 2 COMMISSIONER LETZ: Darn. 3 MRS. GRINSTEAD: We've had to do this in the 4 past and that's what TABC wants in the letter. When 5 we've had other people do events at the Youth Event 6 Center and beer is all they can sell, but that's what 7 we've had to do. 8 COMMISSIONER REEVES: And you would be 9 selling it under your license that you already have. 10 MR. WILLIAMSON: Correct. We are a licensed 11 vendor to sell. It's just I need a permit to sell on 12 that property. 13 COMMISSIONER MOSER: Move for approval. 14 COMMISSIONER REEVES: Second. 15 JUDGE POLLARD: All right. Are these people 16 out here going to dress up for that Renaissance 17 Festival? 18 AUDIENCE: Yes. 19 JUDGE POLLARD: Those are interesting to go 20 to. 21 COMMISSIONER REEVES: Jake, how many people 22 did you say you had already anticipated you were sharing 23 numbers with them? 24 MR. WILLIAMSON: Yeah. What numbers are you 25 up to? 141 1 AUDIENCE: We have sold 864 tickets so far. 2 COMMISSIONER MOSER: Wow, fantastic. 3 COMMISSIONER REEVES: And at what percentage 4 is from outside our general area? 5 AUDIENCE: 90 percent right now. 6 COMMISSIONER REEVES: So we're going to have 7 seven hundred or some odd people come visit Kerrville 8 for this. 9 JUDGE POLLARD: Good job, Jake. Good job. 10 Thank y'all very much. All right, any further comment 11 or question about the motion? There being none, those 12 in favor of the motion signify by raising their right 13 hands. Four zero, unanimous. 14 All right, 1.37 consider, discuss and take 15 appropriate action regarding the Financial Audit for the 16 Hill County Youth Event Center, Commissioner Reeves and 17 Letz. 18 COMMISSIONER LETZ: I don't know if we want 19 to talk about it, Brenda, do you want to talk about it? 20 I'll give it, my reading through it is it's a good 21 audit. And the main highlight that I see is we 22 anticipated an expenditure or a loss from the County of 23 $264,032.00 and it came in at $239,181.00. That was 24 largely due to all our revenues were less than 25 projected. Jake cut our expenses to the bone to stay 142 1 within the budget and under the budget. And it's kind 2 of the highlight that I see out of it. Other than that 3 it's a good audit. 4 COMMISSIONER REEVES: I see that, and I 5 visited with Mrs. Doss, and she said it's basically a 6 good audit as well in terms of accounting standards 7 and -- 8 MRS. DOSS: Yes, Sir. 9 COMMISSIONER REEVES: -- and all the 10 financial information reported. 11 MRS. DOSS: Yes, Sir. 12 COMMISSIONER REEVES: I'd move to accept the 13 audit. 14 COMMISSIONER LETZ: Second. 15 JUDGE POLLARD: Been moved by Commissioner 16 Reeves and seconded by Commissioner Letz to accept the 17 financial audit from the Hill Country Youth Event 18 Center. This is concerning item 1.37 of the agenda. Is 19 there any further discussion or comment? 20 COMMISSIONER REEVES: I just might add this 21 is a contractual obligation that we have that they will 22 furnish an audit each year, and they have provided the 23 audit from an outside firm and brought it, which they 24 did use a local accounting firm, which is another part 25 of the contract whenever possible to use local 143 1 businesses. 2 JUDGE POLLARD: This is turning out to be a 3 good contract with those folks, isn't it. They're 4 working really hard, and all cooperating together to 5 achieve a mutual benefit for the County. 6 COMMISSIONER MOSER: And increasing revenue. 7 COMMISSIONER LETZ: I have just a comment on 8 that. I don't know is y'all have watched TV, I presume 9 most people do, and there's a commercial now that's on 10 with Time Warner or someone, Spectrum bought somebody 11 else. And Spectrum, this is a huge conglomerate we're 12 working with, Comcast, all that stuff. And it is 13 amazing to me that a company as big as that can have an 14 individual treatment in the customer service we really 15 are getting with Spectrum. I'm astounded. I get calls 16 or e-mails from vice presidents of this group, obviously 17 not the -- I mean they're divided into sectors. 18 JUDGE POLLARD: Time Warner? 19 COMMISSIONER LETZ: They own about 20 everything. 21 JUDGE POLLARD: Hu? 22 COMMISSIONER LETZ: Spectrum owns about 23 everything. 24 JUDGE POLLARD: It is a monster, yeah. 25 COMMISSIONER LETZ: But it's amazing how 144 1 they act like a very small company, the way they're 2 operating with working with us, and I appreciate that. 3 JUDGE POLLARD: The personal service, 4 individual service is really great. All right. Is that 5 it? Any further comment? We did vote on it, didn't we? 6 MRS. MOUSER: No. 7 JUDGE POLLARD: All right. Those in favor 8 of it signify by raising their right hand. Four zero, 9 unanimous. 10 1.38 consider, discuss and take appropriate 11 action to approve three monetary donations to Kerr 12 County Sheriff's office. Sheriff Hierholzer. 13 SHERIFF HIERHOLZER: You know last year we 14 had an AG opinion that does says sheriff departments 15 were a part of the County cannot accept donations 16 without the approval of the Commissioners' Court, okay. 17 Now, otherwise they would just go to the Court who has 18 technically has the authority that any donation to the 19 Sheriff's Department would go to the general fund to the 20 County. I hope that does not happen, because these are 21 people that support the Sheriff's Office that has made 22 that donation. First off -- 23 JUDGE POLLARD: What you're saying is they 24 wouldn't donate any unless it went to the Sheriff's 25 Office. 145 1 SHERIFF HIERHOLZER: They would probably 2 request it back to be honest. 3 One, these three donations, one we actually 4 have a check from Riverside Church of Christ, and it 5 just says to please accept this anonymous donation from 6 one of our members for any charitable need. Thanks for 7 all that you do for our community, Riverside Church of 8 Christ. And it's only a 25 dollar donation, but it was 9 from one of their members that wanted it to go to the 10 Sheriff's Office, okay. 11 The second one, is from a man that the last 12 name of Limon that is local that wanted to just donate a 13 hundred and 50 dollars cash to the Department for the 14 officers for use on equipment or anything else. He just 15 felt it was more useful doing that way than sending it 16 to a state organization or a different type of law 17 enforcement organization. 18 And the last donation, the lady always likes 19 to remain anonymous, she has given us -- or the 20 Sheriff's Office money in the past, as this Court is 21 well aware of, but she wrote Dear Sheriff Rusty, please 22 use this for officer equipment to assist and/or protect 23 those on patrol, and may you all be kept safe, and she 24 did sign it and gave it, and it is for a six thousand 25 dollar donation for equipment for the officers. And I 146 1 ensured her that we would use it for that. 2 JUDGE POLLARD: Fantastic. 3 SHERIFF HIERHOLZER: So I would just like 4 authority or permission from the Court to use those 5 three donations for officer equipment and things for the 6 betterment of our patrol officers. 7 COMMISSIONER LETZ: Motion to approve and 8 move to accepting the donations and then designating the 9 use of them as the Sheriff requested. 10 COMMISSIONER MOSER: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Letz, seconded by Commissioner Moser to accept the three 13 donations and that the Sheriff's Office will designate 14 those funds to be used for officer's equipment, is that 15 correct? 16 SHERIFF HIERHOLZER: Correct. 17 COMMISSIONER REEVES: And also say with the 18 gratitude of this Court to the citizens for wanting to 19 take care of our people out there. 20 JUDGE POLLARD: Absolutely. 21 SHERIFF HIERHOLZER: That's one thing that I 22 can say and I get goose bumps, is this community is 23 unbelievably supportive to law enforcement, whether it's 24 my agency, or our agency, or PD, or any other, Ingram, 25 it doesn't matter. With what you hear nationwide we're 147 1 in a blessed place to have the support we have. Thank 2 y'all. 3 COMMISSIONER MOSER: Very good. 4 MRS. STEBBINS: Thank you, Rusty. 5 JUDGE POLLARD: If there's no further 6 discussion or comment, those of you in favor of the 7 motion signify by raising their right hand. It's four 8 zero, unanimous. 9 All right, let's go to 1.39 consider, 10 discuss and take appropriate action to designate 11 commissioners and judges liaison appointments for 12 various function for calendar year for 2017. 13 In your agenda package there is the 14 assignments, liaison assignments are in there. Just as 15 a comment, I think I went through and I added them all 16 up. Well, I -- let's see if I can find it right here. 17 (Off the record.) 18 JUDGE POLLARD: Well, as I remember it 19 worked out there were about each Commissioner had about 20 nine or ten liaison appointments on the list like that, 21 but I think Commissioner Letz indicated that there were 22 some stream lining that could be made combining some of 23 those items. What do you think, Commissioner Letz? 24 COMMISSIONER LETZ: Well, actually didn't 25 spend as much time as I'd hoped to between now and the 148 1 time we had that conversation in the meeting. There's 2 just a few of them, the ones that I -- to me victim 3 indigent services and HR could probably be combined. 4 COMMISSIONER MOSER: I agree. 5 COMMISSIONER LETZ: I don't know that we 6 need two different spots in that. To be honest there's 7 not a whole lot of work with either one of those, and 8 they could be combined. And that's really the only one. 9 COMMISSIONER REEVES: The only other one I 10 saw, and perhaps you can explain it, Commissioner Letz, 11 we have the AG barn and we have the Youth Event Center. 12 COMMISSIONER LETZ: I think they should be 13 combined as one. I just now noticed that as well. I 14 think that's probably who knows why. 15 JUDGE POLLARD: All right. As I understand 16 then you want to combine those so as combined? 17 COMMISSIONER LETZ: Yeah. 18 JUDGE POLLARD: But otherwise leave the 19 liaisons -- 20 COMMISSIONER MOSER: Well, you can't leave 21 them if it says Commissioner Baldwin, so we want to put 22 names of the Commissioners -- 23 JUDGE POLLARD: Well, you want to put 24 Commissioner Belew's name in there wherever it says 25 Baldwin? 149 1 COMMISSIONER MOSER: And I would like -- 2 I'd like to be on 911. 3 COMMISSIONER LETZ: You can take my spot. 4 COMMISSIONER MOSER: Okay. All right. 5 COMMISSIONER REEVES: And if it's all right 6 with Mr. Belew, and I'm already going to AACOG for other 7 meetings to serve as the judge's alternate on the 8 executive committee. 9 COMMISSIONER BELEW: That's fine with me. 10 JUDGE POLLARD: Okay. 11 COMMISSIONER MOSER: I applaud you for that. 12 COMMISSIONER REEVES: (Knocking on his 13 head.) 14 JUDGE POLLARD: That comes around real 15 often. 16 COMMISSIONER REEVES: I understand, but I'm 17 already going down there real often anyway. 18 JUDGE POLLARD: Okay. As suggested and 19 amended, we got to approve the liaison -- yes, Ma'am. 20 MRS. GRINSTEAD: Just real quick. If you're 21 to go combine Human Resource and Indigent Services, 22 we've got Commissioner Moser on indigent services and -- 23 COMMISSIONER MOSER: I'll yield, I'll take 24 off of that. 25 MRS. GRINSTEAD: Okay. 150 1 JUDGE POLLARD: Sheriff has an opinion. 2 SHERIFF HIERHOLZER: Of course I have an 3 opinion. 4 COMMISSIONER LETZ: Before you get to him, I 5 have one more combining, and this is because this was 6 originally done while they were separate departments. 7 Animal Control can be combined with OSSF environmental 8 health, it's really just environmental health, it's 9 really one person we're dealing with, same people so it 10 just shortens the list a little bit. 11 COMMISSIONER MOSER: Agreed. 12 JUDGE POLLARD: Have you got all these 13 changes down, Jody? 14 MRS. GRINSTEAD: I think so. 15 COMMISSIONER REEVES: What I've got is 16 Commissioner Moser will take Commissioner Letz's 17 position on 911. I will take the alternate position on 18 AACOG, combine AG under one instance, the AG barn and 19 the Hill Country Youth Event Center. 20 COMMISSIONER LETZ: It should be the Hill 21 Country Youth Event Center. 22 COMMISSIONER REEVES: Right. Combine animal 23 control with OSSF and environmental health, and then 24 combine Human Resources with Victim Indigent Services, 25 which Commissioner Moser will yield that position. 151 1 COMMISSIONER LETZ: Yeah. So I'll take 2 that, I'll have that. 3 COMMISSIONER REEVES: And then let 4 Commissioner Belew take the other positions that his 5 predecessor held, other than what we've talked about. 6 JUDGE POLLARD: Do you agree Mr. Belew? 7 COMMISSIONER BELEW: Yes. 8 JUDGE POLLARD: Then do you have all those 9 down that he reviewed then, Jody? 10 MRS. GRINSTEAD: Yes. 11 COMMISSIONER REEVES: Judge, would it help 12 you if I worked with Commissioner Letz in the HR, would 13 that take some of your administrative duties -- 14 JUDGE POLLARD: I'd like to keep my position 15 with AACOG. 16 COMMISSIONER REEVES: Not AACOG; HR. 17 JUDGE POLLARD: Oh, with HR. Yeah, go 18 ahead. 19 COMMISSIONER REEVES: And that would lessen 20 some of your administration. 21 JUDGE POLLARD: Anything that would lessen 22 that. 23 COMMISSIONER REEVES: If it's all right with 24 everybody else, I'll work with Commissioner Letz on 25 this. 152 1 JUDGE POLLARD: Yes, Sir. 2 SHERIFF HIERHOLZER: As you know, Judge, and 3 every time we've had a new Commissioner on the Court 4 I've always asked that I get the opportunity to 5 introduce them to jail issues, so I would love to ask 6 that Commissioner Belew be appointed, as we have rotated 7 at least through mine on law enforcement and jail, be 8 appointed as a new one for the jail or Sheriff's Office. 9 COMMISSIONER REEVES: Well, we can't all 10 three be there. 11 SHERIFF HIERHOLZER: No, you can't. But 12 each of y'all two have been there for now for a year, I 13 had Buster at one time, I had Letz -- 14 COMMISSIONER MOSER: I'll step off of that. 15 SHERIFF HIERHOLZER: Okay. I appreciate 16 that. 17 COMMISSIONER MOSER: And let Commissioner 18 Belew. 19 COMMISSIONER REEVES: And I'd like to stay 20 on just because the continuity with the jail. 21 SHERIFF HIERHOLZER: All right. Well, I 22 appreciate it. 23 JUDGE POLLARD: Okay. Now, have you got 24 them all down, Jody? 25 MRS. GRINSTEAD: Yes. 153 1 JUDGE POLLARD: Then is that agreeable with 2 everybody on there, or do we need a motion and order on 3 that? 4 COMMISSIONER LETZ: I'll make a motion to 5 revise the list as discussed. 6 JUDGE POLLARD: As discussed. And Jody has 7 it down. 8 COMMISSIONER REEVES: Second. 9 COMMISSIONER MOSER: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Letz, seconded by Commissioner Moser for the list, the 12 liaison list to be revised per what Jody has down and as 13 discussed here. All right, any further comment or 14 discussion? If not, those in favor of the motion 15 signify by raising their right hands. It's four zero, 16 unanimous. 17 All right, we'll go back to the agenda 1.40. 18 COMMISSIONER LETZ: Debby, are you doing all 19 right? 20 THE REPORTER: (Nodding head up and down.) 21 JUDGE POLLARD: Any object to -- anybody 22 object to working until we finish this -- 23 COMMISSIONER MOSER: No. 24 JUDGE POLLARD: -- instead of breaking for 25 lunch? Anybody? Heather, you got any problems? 154 1 MR. STEBBINS: No. 2 (Off the record.) 3 JUDGE POLLARD: All right, 1.40 consider, 4 discuss and take appropriate action regarding Texas 5 Commission on Environmental Quality scrap tire 6 management registration application for Rampage Cattle 7 Company, LLC. Ray Garcia and Heather Stebbins. 8 MR. GARCIA: Good afternoon, Commissioners, 9 good afternoon, Judge. Rampage Cattle Company, LLC has 10 applied to the executive director of the Texas 11 Commission on Environmental Quality for a scrap tire 12 facility registration for a proposed scrap tire 13 processing facility to be located at 3951 Bandera 14 Highway in Kerr County. The application is submitted to 15 comply with the requirements of Title 30, Texas 16 Administration Code chapter 328, subchapter F. This 17 notification is provided per the requirements of 30 18 Texas Administrative Code, subchapter 328.63. Approved 19 by -- excuse me, I'm sorry. The notification is 20 provided per the requirements of 30 TAC Administrative 21 Code. Approval by the TCEQ executive director is 22 required before the start of the proposed tire 23 processing operation at the above-referenced location. 24 Prior to authorizing a scrap tire facility, 25 the TCEQ executive director must consider any timely 155 1 written notification by a local government with 2 jurisdiction over the proposed facility that is provided 3 to the executive director that the proposed facility 4 does not comply with local requirements related to 5 managing scrap tires and protecting public health and 6 the environment. Such notification must included 7 adequate documentation of noncompliance at the proposed 8 facility. The executive director determines whether any 9 documentation of noncompliance submitted is adequate. 10 Comments on the application, if any, must be 11 submitted to TCEQ staff within 45 days of the date noted 12 above. 13 This application was submitted by Mr. Page 14 for Rampage Cattle Company, it's a tire processing 15 facility, and the tire processing facility -- and I'm 16 going to pass this pamphlet around to you. 17 COMMISSIONER LETZ: Where is this exactly? 18 MR. GARCIA: The dance club, everybody's 19 familiar with that. 20 JUDGE POLLARD: Yeah, I know where that is. 21 MR. GARCIA: Right next door is that small 22 business. 23 JUDGE POLLARD: A strip center. 24 MR. GARCIA: So TCEQ submits this to the 25 local government, to the Court here has the authority to 156 1 actually review and ask any questions. 2 COMMISSIONER MOSER: This is on Highway 27, 3 right? 4 MR. GARCIA: Highway 173. 5 JUDGE POLLARD: Bandera Highway. Down the 6 road on the other side is a RV center. 7 COMMISSIONER MOSER: Got ya. 8 JUDGE POLLARD: Triple something. 9 MR. GARCIA: Triple T, yes. 10 JUDGE POLLARD: So is this where the salvage 11 yard is? 12 MR. GARCIA: Where the old salvage yard used 13 to be, that business center is now there. 14 COMMISSIONER REEVES: And this is behind 15 that. 16 MR. GARCIA: And this is directly behind 17 that -- 18 JUDGE POLLARD: A field behind it, right? 19 MR. GARCIA: He's going to be to the -- if 20 you from the north, south, east and west he's going to 21 be east from the highway. 22 COMMISSIONER MOSER: And what's this tire 23 processing going to be? 24 MR. GARCIA: This tire processing, they're 25 going to build water storage tanks. 157 1 COMMISSIONER MOSER: So is that really tire 2 processing, is it? 3 MRS. STEBBINS: Yes. 4 COMMISSIONER MOSER: What constitutes tire 5 processing? 6 JUDGE POLLARD: Here, here's what it says. 7 We recycle heavy duty used tires from mining equipment 8 to create a sustainable and environmentally friendly 9 water tank that will out least any steel or plastic 10 tank, dot, dot, dot, guaranteed! Does that describe it? 11 COMMISSIONER MOSER: No. What I'm asking is 12 what is the processing -- I can see if somebody's 13 cutting up tires and doing that kind of stuff, that's 14 processing tires. 15 MRS. STEBBINS: He'll be cutting up tires. 16 COMMISSIONER MOSER: Hu? 17 MRS. STEBBINS: He will be cutting up tires. 18 COMMISSIONER MOSER: Okay, I see. 19 MR. GARCIA: That gives you an idea, 20 Commissioner what exactly they're going to be doing. 21 MR. BELEW: Are they going to hire local 22 people for this, Ray? 23 MR. GARCIA: I got Mr. Page here. 24 MR. PAGE: As time goes on yes, Sir. If I 25 need local help then I will get local help. I'm 158 1 basically the facility. The brochure y'all are looking 2 at is my buyer. We're partnering up on this. And he's 3 wanted to open a facility down here in Texas, and since 4 I know what I'm doing, and I can handle the area, we 5 decided to go ahead and do this, and eliminate a lot of 6 these OTR problems that a lot of tire storage facilities 7 have. We're not a tire storage facility, we don't want 8 to store them. I don't make money storing them. My 9 deal is to come in, to have them brought in with my 10 trucks, cut them, get them ready for troughs and 11 scrapers and water tanks, and ship them out. That's the 12 basic deal; its not -- I don't want to hold on to these. 13 The more I get in the more I move out. The more profit 14 I make. 15 COMMISSIONER MOSER: So you're processing is 16 to make two products. The industrial scraper, and the 17 water troughs. 18 MR. PAGE: Technically three products, 19 because we have just started talking about building 20 these water tanks. I'm going to have 5000 gallons of 21 water storage on location for any fire use -- 22 COMMISSIONER MOSER: No, I'm not asking 23 about that; I'm asking about your product, I'm not 24 asking about fires. 25 MR. PAGE: Currently, yes, Sir those two 159 1 products and we're going to develop more products as 2 time goes on. 3 COMMISSIONER MOSER: So what you're doing is 4 you're just cutting the tire to conform for the 5 scrapers -- 6 MR. PAGE: We're converting the tire -- 7 COMMISSIONER MOSER: -- and on the water 8 troughs. Do you even cut them at all? 9 MR. PAGE: Yes, Sir. We cut one sidewall 10 out. We have to cut the sidewall out in order to make 11 the tank and keep the bottom sidewall, and as it goes on 12 we're going to build the water tanks we will cut both 13 sidewalls out and leave a ring and start building the 14 rings -- 15 COMMISSIONER MOSER: But just for 16 edification, just for environment thing, this becomes an 17 environmental concern just because you're cutting a 18 tire, is that right? 19 MR. PAGE: It's the tire itself -- 20 COMMISSIONER MOSER: I'm with you, don't get 21 me wrong. 22 MR. PAGE: And I understand. I had to do a 23 lot of this with TCEQ so I'm learning all of this. It's 24 the tire itself and the rubber that is in issue since it 25 is not -- it doesn't decompose, and I have to keep logs 160 1 of everything that I do with them. 2 COMMISSIONER MOSER: Good gosh. My sympathy 3 to you. 4 MR. PAGE: Yes. I keep four pages of -- 5 when we do a log, we have four to five pages of where 6 that tire was picked up, who hauled it, where we dropped 7 it off, what we did with it, and when it leaves the 8 State or it goes to a dumping facility. 9 JUDGE POLLARD: That's a good use of old 10 used tires. 11 COMMISSIONER MOSER: It's a bad use of 12 public funds having to track that for TCEQ though. 13 COMMISSIONER LETZ: What's the -- two 14 questions, what do you put on the bottom to hold the 15 water? 16 MR. PAGE: Depends on if you do it following 17 USDA regulations, and NCRA regulations, which they want 18 you to build a concrete slab and then set it down and 19 redo it. When I install them, I level the ground and 20 make sure the dirt's good, I run my piping up. I fill 21 the ground packed you to it until I have the actual 22 sidewall, which is on most tires average three to four 23 inches thick, I run my plumbing up through the middle 24 with the four inch PVC with our half inch or three 25 quarter, and then depending on the situation, I then I 161 1 take quikrete and seal it with quikrete, and it's ready 2 the next day. I can install one within three hours. 3 COMMISSIONER LETZ: So you install you, you 4 just don't -- 5 MR. PAGE: I install, yes, Sir. I started 6 installing them because I have ground cattle. And then 7 like I said, we were discussing and he said let's do a 8 facility down here, there's plenty of coal mines in 9 Texas, and so I'm going to also offer the chance of 10 installation if people do want to purchase them. 11 COMMISSIONER LETZ: And how do you dispose 12 of the pieces of the tire that you cut off? 13 MR. PAGE: The pieces of the tires, as 14 currently right now there is a landfill in Kansas that 15 makes it more affordable for us to truck and pay the 16 tipping fee there than it is for Texas. So that's where 17 it all goes. Eventually we want to build a facility to 18 where when a tire comes in, nothing comes out that isn't 19 usable. 20 JUDGE POLLARD: Going to use it all. 21 MR. PAGE: Use it all, yes, Sir. Pull the 22 steel out for recycling, chip up any unused rubber and 23 send it to the company. There's several cement 24 companies and a steel company in Jewett that burn rubber 25 for energy, to melt stuff for energy purposes. 162 1 COMMISSIONER REEVES: Question. Innovative 2 idea. Tires and rain storms bring mosquitoes, we hear 3 about Zika -- 4 MR. PAGE: Yes, Sir. 5 COMMISSIONER REEVES: -- and other viruses 6 from mosquito born illnesses, that's the first question. 7 So if you can answer how you're going to look after 8 that. 9 MR. PAGE: Okay. TCEQ requires us to have a 10 vector control which is the insects and any other 11 possible issues. We handle stuff of -- they require us 12 to do it every -- twice a month. So I will take care 13 of -- as far as that our inventory won't stay that long. 14 Everything will be turned to where we can prevent water 15 from getting in it and if it does have water in it we 16 will empty it out, but we will take care of any issues. 17 If the weather dictates like we had earlier this year, 18 we had a bunch of rain. We will step up our issues as 19 far as taking care of that. But usually it's like quick 20 in, quick out. The tanks we flip over so they don't 21 hold water. The tires, you know, we cut them as soon as 22 we -- we'll be cutting them as soon as we get them in. 23 JUDGE POLLARD: Okay. There's not going to 24 be any mountains of tires? 25 MR PAGE: No, Sir. And I know y'all see 163 1 that it says 40 tons, that's basically 40 tires pretty 2 much for us, because our tires average a thousand to 15 3 hundred pounds. I mean some of the tires weigh six 4 thousand pounds a piece. So I'm very limited on what 5 I'll have there on location, so it won't be mountains of 6 tires. 7 COMMISSIONER REEVES: And could you repeat 8 on -- you were talking about firearm protection, how 9 much water storage capacity you have. 10 MR. PAGE: I discussed it with the Center 11 Point Volunteer Fire Department, which TCEQ said contact 12 my closest fire department, and I had said 500 and they 13 recommended 5000 gallons. 14 COMMISSIONER REEVES: Because I was looking 15 at your outline and you had said 500 gallons. 16 MR. PAGE: Yes, Sir. And then I changed it 17 Friday, which he has the newest one, and I went with 18 5000 gallons of water storage facility. And three Class 19 B fire extinguishers. 20 COMMISSIONER REEVES: Class B. To our 21 emergency management coordinator, you have any comments 22 on this? 23 MR. THOMAS: My only concern, Commissioners 24 and Judge, was the ability of local voluntary fire 25 departments to respond. They don't have Class B foam. 164 1 They don't have Class B foam sprayers or pumps, but if 2 Center Point recommended 5000 gallons of water and he's 3 even offered to bring in sand, that's -- that would be 4 okay. Kerrville Fire Department does use a micro blaze, 5 which is a biodegradable Class B type foam, and they 6 would be able to respond if we needed them, if we 7 requested it. But as far as the three voluntary fire 8 departments that I've talked to, Center Point, Elm Pass, 9 and even Comfort, none of them have the correct 10 equipment to spray Class B foam, but they're looking to 11 work around for it, so -- 12 COMMISSIONER REEVES: And I guess Turtle 13 Creek. 14 MR. THOMAS: I just haven't heard back from 15 them. 16 COMMISSIONER REEVES: Sheriff, did you have 17 something? 18 SHERIFF HIERHOLZER: As I talked to him, I 19 don't know what this permit TCEQ permits. If it permits 20 him in the future of just having a tire shredding 21 facility where they do the mulsh and all and do store 22 large amounts of tires there, regular tires, because the 23 one issue we had, those of you that have been around 24 here, you know just a little bit up above where the 25 Lopez Club is is normally a dry creek bed that runs 165 1 across there, and when we could have high water deals, I 2 have seen a number of cars wash off 173 there and they 3 wash all the way around behind the Lopez Club and to 4 where he's talking about, which may be the storage area, 5 I don't know if it expanded out and then come back down, 6 and you could end up with a lot of tire fragments and 7 pieces, unless there is something done that they can 8 ensure. I don't know where the floodplain is in that 9 area. That could end up easily into our water system 10 and that would be the question I have on the storage 11 later. 12 The big tires, 40 of them, 40 tons, that's a 13 pretty good amount of water to wash them out and you're 14 talking about a whole tire. But if you're getting to 15 shredding you have pieces and just stock piles, 16 depending on what's allowed and what type of permits are 17 allowed. Needs to be looked at. 18 JUDGE POLLARD: It's going to grow. You got 19 a good project. And you're going to grow into other 20 projects and other areas to where you can chip it and 21 all that. 22 MR. PAGE: Yes, Sir. To address his 23 questions as far as the storage facility, I have to 24 reapply and get a storage permit, which requires a lot 25 more engineers, requires a lot more issues, so you know 166 1 when that does, and if it does happen, that's like I 2 said that's why we're saying we're not a storage 3 facility, then I'll be back in front of y'all. But I 4 will have engineers reports and everything else to 5 verify everything on that. And hopefully we'll be in 6 that better place, a bigger place without that issue, to 7 address the flood issue. 8 COMMISSIONER MOSER: So the only issue here 9 today is because TCEQ says local governments have to be 10 contacted? 11 MR. PAGE: Yes, Sir. 12 COMMISSIONER MOSER: And what is the action 13 we're taking today? 14 MR. GARCIA: There's no action required, not 15 unless the Court wants to submit that comment, but there 16 is no action required. It's just so that the Court can 17 be informed, and first responders, and again -- 18 COMMISSIONER MOSER: So all you're doing is 19 informers. 20 MR. GARCIA: Right. And there's a couple 21 other things that we need to make sure -- 22 JUDGE POLLARD: We do need to issue some 23 kind of letter at least to let TCEQ know that we 24 acknowledge the contact. 25 MR. PAGE: I handed it to -- I did have a 167 1 release -- 2 MR. GARCIA: Well, he has a form here that 3 if -- and that was a waiver. 4 MRS. STEBBINS: There was a waiver of the 45 5 day commitment period that he submitted to my office, I 6 believe, or maybe it was -- 7 MR. PAGE: Or yeah, just do the 45 days. 8 MRS. STEBBINS: -- to waive the 45 day 9 comment period. 10 MR. PAGE: We're pretty close. 11 MRS. STEBBINS: We're close into that now 12 and there are a couple of concerns that I think you need 13 to hear Ray out so that you can make a determination on 14 whether or not you want to make a comment to TCEQ. But 15 there are some questions that Ray has posed to me and he 16 needed to talk to some other people about. So you may 17 want to hear him out before you make a decision as to 18 whether you want to comment to TCEQ. 19 MR. GARCIA: So again for notifying the 20 Court and for his applications package, the application 21 registration package is only to a processor. Mr. Page 22 said he would have to reapply. This is just for 23 processing these tires. He has in his business plan, 24 his outlined plan, he talked about taking what is 25 unusable, the scrap of the processing to Kansas. 168 1 One of the questions that I posed was the 2 alternate sites, because if he's taking this to Kansas, 3 and if Kansas decides we're not taking it anymore, where 4 is it going to go, and are we go going to be stuck with 5 this. And again in the interest of the health and 6 safety of the public and the environment, we have to 7 look at. If we get stuck with these tires, if something 8 would happen to the business, who's left with this? 9 The other thing is make sure that the Court 10 understands. In 2007, 2009, I spent those two years 11 getting Kerr County cleaned up of any tire -- 12 unauthorized tire storage facilities, and if there were 13 any facilities there were not -- that did not have an 14 application with TCEQ it would turn to TCEQ and then 15 these people would actually have to go register. Well, 16 the latest report, the annual report, the 2015 report 17 that just came out in December of 2016 for scrap tires 18 or unauthorized scrap tire sites, came out okay, so 19 there's approximately 16 million unauthorized scrap 20 tires in the state of Texas. Kerr County is not on that 21 map anymore, okay. Gillespie County, the neighbors to 22 the north are, and then Bandera County are. Bandera has 23 two sites, one anywhere from a max of 7,299 tires, to 24 another site in Bandera that is anywhere from 7,300 25 tires to 299,000 tires. These are the ones that TCEQ 169 1 has. In 2007, 2009 we started cleaning up Kerr County, 2 so our -- we don't have any problems per se, and that's 3 why TCEQ has this notification as well for the County 4 and the Court, and first responders to hear, but again 5 because they're trying to get a hold on these 6 facilities. Now the processing that Mr. Page's company 7 is going to do, he's not dealing with car tires or 8 anything smaller than these -- 9 MR. PAGE: Than four foot. 10 MR. GARCIA: -- four foot tires. But again 11 it's just to notify the Court to make sure that you 12 understand or your constituents when they start calling 13 us, we are well aware of this. They are registered, and 14 you know everybody is informed including the first 15 responders to be able to respond to and/or what the 16 Sheriff had, his questions, if that being in the 17 floodplain, which we are going to work with the County 18 engineer on. 19 COMMISSIONER MOSER: We already have 20 requirements on the floodplain. 21 MR. GARCIA: I'm sorry. 22 COMMISSIONER MOSER: We've already got 23 requirements you can't do anything in the floodplain. 24 MR. GARCIA: Charlie's going to find out if 25 he is. That is the question that the Sheriff had. We're 170 1 going to make sure -- 2 COMMISSIONER MOSER: I think the Sheriff's 3 question was after they start cutting them up in pieces 4 and they go down in the creek; not operating in the 5 floodplain. 6 MR. PAGE: Well, he was concerned about the 7 possibility of the flooding in the one hundred year or 8 500 year floodplain. 9 COMMISSIONER MOSER: I understand that, but 10 you're not operating in the floodplain. To do anything 11 in the floodplain you gotta get a permit, right Charlie? 12 MR. HASTINGS: Correct. 13 COMMISSIONER MOSER: So separate thing. 14 MR. PAGE: No, Sir. I'm actually putting up 15 a silt fence once I figure out where the actual any 16 runoff occurs. 17 COMMISSIONER MOSER: I understand. And 18 don't get me wrong, I'm all for it. 19 MR. PAGE: No, Sir. I want to answer the 20 questions. That's why I'm here to make sure everybody 21 is happy with what I'm going to do. 22 JUDGE POLLARD: What does cattle have to do 23 with this? 24 MR. PAGE: That's just my LLC company. 25 JUDGE POLLARD: Do you have any cattle? 171 1 MR. PAGE: Yes, Sir, I do have some cattle. 2 Bucking bulls and beef cattle, yes, Sir. 3 MR. GARCIA: That's all we've got, if the 4 Court has nothing else? 5 COMMISSIONER MOSER: So what are you 6 requesting? 7 MR. GARCIA: I'm not requesting anything, I 8 just wanted to make sure that I informed -- 9 COMMISSIONER MOSER: Okay, thank you. 10 JUDGE POLLARD: So we take no action on it, 11 except we would elect not to make any comments to TCEQ, 12 is that correct? 13 MRS. STEBBINS: That's the recommendation. 14 JUDGE POLLARD: Do we take a motion to do 15 that? 16 MRS. STEBBINS: I don't think we need to 17 take any action. 18 JUDGE POLLARD: All right. 1.41 consider, 19 discuss and take appropriate action to update bid 20 schedule for Center Point East Kerr County Wastewater 21 Project. Commissioners' Letz and Moser. 22 COMMISSIONER LETZ: I'll take this one 23 since Mr. Moser was occupied last week. At our weekly 24 conference call updated the schedule for the bidding for 25 the projects, wastewater project. It was decided to 172 1 extend the big bid date to January 31st. The reasons 2 were there was some of the addendums that were coming 3 out that needed to be -- because they were kind of late 4 to be issued based on questions that came into Tetra 5 Tech, and we just felt that it was not going to be 6 feasible to make the deadline for the note that we were 7 going to apply for even if we were to accept the bids 8 tomorrow. There's also just by chance another big 9 project that's being put up for bids are due tomorrow at 10 the same time -- 11 MR. HASTINGS: Yes, Sir. 12 COMMISSIONER LETZ: -- in the San Antonio 13 area, and at least one contractor said that because of 14 the types of projects and they had to make that decision 15 and bid on that one and not have the time to bid on 16 our's. All those things together made it sense for us 17 to delay bids being due until January 31st. 31st, is 18 that right, Charlie? 19 MR. HASTINGS: 31st, yes, Sir. 20 COMMISSIONER LETZ: The meeting would be at 21 2 o'clock on the 31st. 22 MR. HASTINGS: Two o'clock on the 31st. 23 COMMISSIONER LETZ: And a part of this will 24 be that we will cancel the meeting that we scheduled for 25 tomorrow at two o'clock. I don't know if we take action 173 1 or not. I put it on the agenda as an informational 2 item. I don't know that -- 3 COMMISSIONER MOSER: I think all we would 4 add is as we all discussed this and looks like, but it 5 kept us from applying for $275,000.00 Texas Department 6 of Agriculture grant for hooking up individual 7 properties, but we thought since we had another 8 potential two million, that would be the right thing to 9 do. 10 JUDGE POLLARD: So there's no action to take 11 on it? 12 COMMISSIONER LETZ: I don't think so. 13 COMMISSIONER REEVES: And officially we will 14 not meet tomorrow at two o'clock. 15 MRS. GRINSTEAD: Can I request that we do a 16 motion, only because that paper trail's going to show 17 bids opening on the 10th. We have nothing in the system 18 to say why we're not meeting on the 10th, where if we do 19 a motion it's just a cleaner paper trail. 20 COMMISSIONER LETZ: Yeah, I make a motion 21 that we delay the bid opening to January 31st at 2 22 o'clock. And as such, we will cancel the scheduled 23 meeting for tomorrow at 2 o'clock. 24 COMMISSIONER MOSER: Second. 25 JUDGE POLLARD: Been moved by Commissioner 174 1 Letz, seconded by Commissioner Moser to delay the bid 2 date to January 31st -- 3 COMMISSIONER LETZ: At 2 o'clock. 4 JUDGE POLLARD: -- at 2 o'clock for the 5 Center Point East Kerr County Wastewater Project. Is 6 there any further comment or discussion? There being 7 none, those in favor of the the motion signify by 8 raising their right hand. It's four zero, unanimous. 9 Consider, discuss and take appropriate 10 action regarding converting County facilities to LED 11 lighting. Executive session in lieu of the presentation 12 made today. Is there one required for executive session 13 on that one? 14 MRS. STEBBINS: I don't know. 15 COMMISSIONER MOSER: No, no action. 16 JUDGE POLLARD: No action on 1.42. 17 COMMISSIONER MOSER: Wait, wait, wait, wait, 18 wait. 19 MRS. GRINSTEAD: I thought we were going to 20 clarify, because we've talked. We've done nothing with 21 those bids, so we can't scan them, we can't -- 22 COMMISSIONER MOSER: Let me just comment on 23 that, right. We met with the Sheriff and the 24 contractors on the jail extension, okay, for the 25 potential savings of everything in Kerr County according 175 1 to the preliminary analysis of converting to LED. Half 2 of it was in the existing jail and facilities that the 3 Sheriff has. And what we'd like to do, and Commissioner 4 Letz and myself and the Sheriff is let the contractor 5 for the jail for the modification of the jail consider 6 whether or not they want to use these companies that 7 submitted bids. Not to give them the proposals that 8 were submitted, but let them take the action. So what 9 we're going to do is take no action on the LED proposals 10 that we received. That's the statement. I don't think 11 any action is required on our part. 12 COMMISSIONER REEVES: I think we need to 13 reject them. 14 MRS. STEBBINS: Are you going to reject them 15 all, is that what you're recommending? 16 JUDGE POLLARD: Yeah. 17 COMMISSIONER MOSER: I make a motion we 18 reject all of the proposals that we received, which were 19 four, on the LED conversion of the County, okay, period. 20 That's a motion. 21 COMMISSIONER REEVES: I'll second it. 22 JUDGE POLLARD: Been moved by Commissioner 23 Moser, seconded by Commissioner Reeves to reject all 24 four of the bids for the LED lighting, and defer those 25 folks to the contractors on the jail expansion project. 176 1 COMMISSIONER REEVES: Well, as far as 2 referral, we kindly left it up to architect, the 3 engineers, and our construction manager at risk on 4 what's best and how they will need to move forward. It 5 may be with these companies, it may be with another one. 6 There's going to be some legal interpretations as we get 7 down the road. But as far as bidding what was 8 submitted, whenever it was, we're rejecting those at 9 this time. 10 JUDGE POLLARD: So we just leave off the 11 referral part from the motion? 12 COMMISSIONER REEVES: Yes, Sir. 13 JUDGE POLLARD: All right. As amended, the 14 motion as amended, is that correct? 15 COMMISSIONER MOSER: Correct. 16 JUDGE POLLARD: All right. Any further 17 comment or discussion on it? If not, those in favor of 18 the motion signify by raising their right hands. It's 19 four zero, unanimous. 20 1.43 consider, discuss and take appropriate 21 action to approve requested position schedule changes 22 for the 216th District Attorney's office. Is there an 23 executive session required for that? 24 MRS. DOSS: Yes, Sir. 25 MRS. STEBBINS: Yes. 177 1 JUDGE POLLARD: All right. Let's go ahead 2 and pay the bills. 3 COMMISSIONER LETZ: Move to pay the bills. 4 JUDGE POLLARD: Is there a second? 5 MR. BELEW: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Letz, seconded by Commissioner Belew to pay the bills as 8 submitted, and in item 4.1 of the agenda, of the 9 approval agenda. Is there any further discussion? If 10 not, those nor favor of the motion signify by raising 11 your right hands. It's four zero, unanimous. 12 4.2 of the approval agenda budget 13 amendments. 14 MRS. DOSS: Yes, Sir, we have two budget 15 amendments. One is a line item transfer in the County 16 Engineer's Department, and the other one is to set up 17 revenue and corresponding expenditures for the flood 18 warning reimbursement portion that will be reimbursed 19 from UGRA and City of Kerrville. 20 JUDGE POLLARD: Anything further? 21 COMMISSIONER LETZ: Move for approval. 22 JUDGE POLLARD: Is there a second? 23 MR. BELEW: Second. 24 JUDGE POLLARD: All right. Moved by 25 Commissioner Letz and seconded by Commissioner Belew to 178 1 approve the budget amendments as submitted. Any further 2 discussion or comment? There being none, those in favor 3 signify by raising their right hand. It's four zero, 4 unanimous. 5 Late bills. 4.3. 6 MRS. DOSS: Yes, Sir, we have two late 7 bills. The first one also iis to Hewitt Engineering, 8 and that was for the final payment on the Flood Warning 9 System study, and the next one is to Tetra Tech 10 Engineering, which is part of the East Kerr Center 11 Point -- 12 COMMISSIONER MOSER: Move for approval. 13 COMMISSIONER LETZ: Second. 14 JUDGE POLLARD: Moved by Commissioner Moser, 15 seconded by Commissioner Letz for approval of the 16 payment of the late bills as submitted in 4.3 of the 17 approval agenda. Is there any further discussion or 18 comment? There being none, those in favor signify by 19 raising your right hand. It's four zero, unanimous. 20 4.4 approve and accept monthly reports. Mr. 21 Reeves. 22 COMMISSIONER REEVES: Yes, Sir. As 23 indicated all reports are for the month of December, 24 2016. The following have been submitted: Constable 25 Precinct 2, J.P. Precinct 3, Constable Precinct 3, J.P. 179 1 Precinct 1, Animal Services, Kerr County, Texas nuisance 2 abatement program quarterly report, October to December 3 2016, Environment Health monthly report, the County 4 Treasurer payroll approval for the month ending 5 December, 2016. 6 Move to approve the reports as submitted and 7 sign as needed. 8 COMMISSIONER LETZ: Second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Reeves, seconded by Commissioner Letz to approve the 11 reports as read into the record as needed, and for 12 execution or approval of them as needed. Any further 13 discussion or comment? Do y'all want to look at them, 14 do you want to look at them? 15 MR. BELEW: I have a question. I saw the 16 J.P. Precinct 1. Does everybody get these, or is this 17 something that -- 18 COMMISSIONER REEVES: We get it -- each one 19 gets a copy in our box. 20 COMMISSIONER BELEW: Of all of them? 21 COMMISSIONER LETZ: Pretty much, yeah. 22 Throughout the month or time. 23 COMMISSIONER REEVES: They come in at 24 various times. 25 MR. BELEW: Okay, that's why I only got the 180 1 one, okay. 2 COMMISSIONER LETZ: It's moved one at a time 3 and then we approve them all at the meetings. 4 JUDGE POLLARD: All right. If there are no 5 further questions or comments, then those in favor of 6 the motion signify by raising their right hand. It's 7 four zero, unanimous. 8 5.1 under information agenda, reports from 9 commissioners/liaison committee assignments per 10 attachment. Anything, anyone? 11 COMMISSIONER MOSER: I want to talk about 12 the Flood Warning System. 13 COMMISSIONER LETZ: I just -- I guess this 14 would be in the spot to do it. Just let the Court know 15 that I'm planning on attending the City Council meeting 16 tomorrow night relating to -- 17 COMMISSIONER MOSER: I am, too. 18 JUDGE POLLARD: Uh, oh, I better not go. I 19 was going to go, too. 20 COMMISSIONER LETZ: -- some of the Third 21 Creek stuff. And just basically to -- 22 JUDGE POLLARD: It's going to be interesting 23 to see. 24 COMMISSIONER LETZ: But right now it's 25 pretty much explained. This has nothing to do with the 181 1 project; our concern is only the floodplain. And when I 2 had a couple of things that I think were misstatements. 3 And we don't have a final answer on the survey, but we 4 do know that there are areas where their surveys are not 5 real accurate, it's off by a foot -- I won't say off, 6 they used old data, and it all came out to be to say 7 there are some changes that will change the floodplain 8 by quite a bit potentially, and we're still concerned 9 about some other aspects of that. 10 COMMISSIONER MOSER: And I'm going to be 11 there since it's in Precinct 2. 12 JUDGE POLLARD: And also to see what they do 13 about the Flood Warning System. 14 COMMISSIONER MOSER: The flood warning 15 system right. 16 JUDGE POLLARD: All right. I'm not going. 17 5.2 reports from elected officials, 18 department heads. Anybody? 19 5.3 reports from boards, commissions and 20 committees. City/County joint projects or operations 21 reports, or other reports. Anything? 22 All right, then we're going to go into 23 executive session now. 24 (Executive Session.) 25 JUDGE POLLARD: We'll go back to open 182 1 session, reopening. Reconvening I think is the proper 2 term. 3 (Open Session.) 4 JUDGE POLLARD: We're back in open session, 5 it's now about 1:05 p.m. and we're in open session, is 6 there a motion? 7 COMMISSIONER REEVES: I make a motion to 8 approve the changes as outlined by the County Auditor, 9 provided that Gillespie County approve such changes and 10 pays their proportional share. 11 COMMISSIONER LETZ: I'll second. 12 JUDGE POLLARD: Been moved by Commissioner 13 Reeves and seconded by Commissioner Letz as stated. It 14 was a pretty short motion, I'm not going to repeat it. 15 COMMISSIONER LETZ: Should we not specify 16 what the change is considering that the change discussed 17 was in executive session so it's not on the record. 18 The change would be that the District 19 Attorney has approval to change her secretary's 20 spot-slot to an office manager and assign additional 21 duties to that person, and the investigators -- about I 22 think we said something about five thousand, and the 23 investigators salary will be reduced by five thousand. 24 MRS. DOSS: 5,641. 25 COMMISSIONER LETZ: Five thousand six -- 183 1 MRS. DOSS: 641. 2 COMMISSIONER LETZ: 5,641. 3 JUDGE POLLARD: And this is subject to 4 approval by Gillespie County Commissioners' Court. 5 COMMISSIONER REEVES: That they're paying 6 the proportion that they're paying for everything else. 7 JUDGE POLLARD: All right. Is there any 8 further discussion or comment about the motion? If not, 9 those in favor of the motion signify by raising your 10 right hand. It's four zero, unanimous. Thank you very 11 much? 12 If there's no further business for the open 13 session, I don't believe, I therefore declare an 14 adjournment. Thank you. 15 * * * * * * 16 17 18 19 20 21 22 23 24 25 184 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 in and for Kerr County Commissioners' Court, do 6 hereby certify that the above and foregoing pages 7 contain and comprise a true and correct transcription of 8 the proceedings had in the above-entitled Commissioners' 9 Court. 10 Dated this the 30th day of January, A.D. 11 2017. 12 13 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 14 No. 953 Expiration Date 12/31/2018 15 * * * * * * 16 17 18 19 20 21 22 23 24 25