1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, March 27, 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 *** Visitor's Input. 5 4 1.1 Consider, discuss and take appropriate 7 action to allow Halston Barney with 5 Pristine Power Cleaning to power wash the concrete area surrounding the War Memorial 6 located on the courthouse grounds; services would be done free of charge. 7 1.2 Consider, discuss and take appropriate 9 8 action for the Court to set a Public Hearing regarding setting the Speed limit 9 on Byas Springs Rd. W. at 45 MPH, Pct. 4. 10 1.3 Consider, discuss and take appropriate 13 action for the Court to set a Public 11 Hearing for 9:00 a.m. on May 8, 2017 for the revision of plat for Lots 17-R and 12 18-R of Y.O. Ranchlands, Volume 7, Page 186, Pct. 4. 13 1.4 Consider, discuss and take appropriate 14 14 action to publish a Request for Proposal (RFP) concerning administrative services 15 for the Center Point/East Kerr County Wastewater Project; Reference Court 16 Order #36034. 17 1.5 Consider, discuss and take appropriate 16 action to publish Request for Qualifications 18 (RFQ) concerning inspection services for the Center Point/East Kerr County Wastewater 19 Project; Reference Court Order #36035. 20 1.6 Consider, discuss and take appropriate 18 action on various requests regarding Flat 21 Rock Park and/or Hill County Youth Event Center and River Star Park for a hot air 22 balloon festival scheduled for June 2nd and 3rd, 2017. 23 1.9 Consider, discuss and take appropriate 30 24 action on request from Kerr 911 to approve an amendment to their Capital Budget. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.10 Present video "Be Flood Aware" and give 37 status of Flood Warning System Grant. 4 1.7 Consider, discuss and take appropriate 40 5 action to authorize Constable, Pct. 2 to hold reserve commission for current 6 employee in Environmental Health and Animal Services Department. 7 1.8 Consider, discuss and take appropriate 41 8 action to approve contract with Xerox for the Animal Services Department and allow 9 County Judge so sign the same. 10 1.15 Consider, discuss and take appropriate 42 action to open and accept the Request for 11 Qualifications for Owner Representative/ Construction Management Services for the 12 Kerr County 2016 Hail Damage (Roofs & HVAC) and to appoint a committee to evaluate 13 and score the RF's. 14 1.16 Consider, discuss and take appropriate 46 action to approve the Annual Financial 15 Report, which includes the Audited Financial Statements for the period ending 16 September 30, 2016 and the Federal and State Single Audit Report for the period 17 ending September 30, 2016. 18 1.11 Consider, discuss and take appropriate 57 action on authorization of filling vacant 19 positions at the Kerr County Juvenile Detention Facility. These are budgeted 20 positions. 21 1.12 Consider, discuss and take appropriate 60 action to approve Kerr County Property 22 Renewal Questionnaire with Texas Association of Counties Risk Management 23 Pool which will renew July 1, 2017 and have County Judge sign same. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.13 Consider, discuss and take appropriate 61 action to approve contract with Hunt 4 Volunteer Fire Department and allow the County Judge to sign same. 5 1.14 Consider, discuss and take appropriate 62 6 action to determine whether to allow the retail fireworks permit holders to sell 7 fireworks to the public in celebration of San Jacinto Day, pursuant to Texas 8 Occupation Code, Section 2154.202(h). 9 4.1 Pay bills. 64 10 4.2 Budget Amendments. 65 11 4.3 Late Bills. 66 12 4.4 Approve and accept Monthly Reports. 67 13 4.5 Auditor Reports. 68 14 5.1 Reports from Commissioners/Liaison 69 Committee Assignments as per attachment. 15 5.2 Reports from Elected Officials/Department 69 16 Heads. 17 5.3 Reports from Boards, Commissions and 69 Committees. 18 a). City/County Joint Projects or Operations Reports 19 b). Other 20 *** Adjournment. 76 21 *** Reporter's Certificate. 77 22 * * * * * * 23 24 25 5 1 JUDGE POLLARD: It's Monday, March the 27th, 2 2017. It's 9 a.m. in Tommy clock time. Kerr County 3 Court is in session. Please bow your heads in prayer. 4 (Prayer and Pledge of Allegiance.) 5 JUDGE POLLARD: Okay. This next part of the 6 agenda is for the public if you wish to speak on 7 something that is not on the agenda then please approach 8 the podium, identify yourself, State your address, and 9 limit yourself to three minutes, please. We have one 10 person that filled out a form warning us they wanted to 11 speak in public form, and that's Rose M. Hill(sic), but 12 she put on here that she'd wanted to speak to item 17 -- 13 MS. HALL: Yes. 14 JUDGE POLLARD: -- on the agenda. Now, do 15 you wish to speak now on that, because that's probably 16 going to be discussed at least partially in closed 17 session. 18 MS. HALL: I realize that. 19 JUDGE POLLARD: So do you wish to speak now 20 or at that time? 21 MS. HALL: Well, I'm happy to speak now. 22 JUDGE POLLARD: Okay, then please approach 23 the podium. We know who you are, so state -- your 24 address is 118 Robin Hill View, Kerrville, Texas. 25 MS. HALL: And my last name is Hall; not 6 1 Hill. 2 JUDGE POLLARD: Okay, thank you. 3 MS. HALL: And you said my name so I don't 4 need to go through that, is that correct? I'm here 5 because I am always interested in the appropriate use of 6 courthouse grounds, and I noticed as an individual that 7 you have that on the agenda this morning, and when an 8 old lady like me gets up this early for presentation 9 I'm always happy to make a few remarks, but they will be 10 very brief, thank you. 11 I want to draw your attention to a few 12 words, 45 to be exact, from this book, and you will 13 recognize it as Amendment 1 of the United States 14 Constitution, and it says Congress shall make no law 15 respecting an establishment of religion or prohibiting 16 the free exercise thereof, or abridging the freedom of 17 speech or of the press, or the right of the people 18 peaceably to keep -- and excuse me, to keep -- I've lost 19 my place. Or the right of the people peaceably to 20 assemble and to petition the government for a redress of 21 grievances. 22 So I'm always in support of the use -- the 23 appropriate use of the courthouse grounds, and I am here 24 to hear what the discussion is on that topic this 25 morning, which is 1.17 on your agenda. Thank you, 7 1 gentlemen. 2 JUDGE POLLARD: Thank you, Ma'am. Anyone 3 else wishing the speak at this time, even though you 4 haven't filled out a form. Yes, state your name and 5 address. 6 MR. BARNEY: My name is Halston Barney, I 7 live out Ranchero Road near the end. I'm just asking 8 for permission to donate my cleaning services, Pristine 9 Power Cleaning for the monument out front. 10 COMMISSIONER MOSER: That's an agenda item. 11 JUDGE POLLARD: That's actually agenda item 12 Number 1. 13 MR. BARNEY: I'm sorry, I didn't realize. 14 JUDGE POLLARD: All right, thank you very 15 much. We're going to get to you right way. 16 Is there anyone else? All right. Then 17 we'll move to item 1.1 on the agenda this morning. 18 Consider, discuss and take appropriate action to allow 19 Halston Barney with Pristine Power Cleaning to power 20 wash the concrete area surrounding the war memorial 21 located on the courthouse grounds. Services would be 22 done free of charge. Mr. Halston Barney. 23 MR. BARNEY: Yes, Sir. 24 JUDGE POLLARD: Please take the stand, and 25 I'm not going to swear you in. 8 1 MR. BARNEY: Okay. 2 JUDGE POLLARD: Go ahead. 3 MR. BARNEY: I would just like to donate my 4 cleaning services for the memorial out front. I come in 5 the courthouse every now and then, and the other day I 6 came to register my vehicle and just noticed that it 7 needed cleaning. I'm thinking that the folks that come 8 to look at the memorial and enjoy, it deserves to be 9 clean. 10 JUDGE POLLARD: I think that's admirable of 11 you, Sir. How often did you plan to do that? 12 MR. BARNEY: As often as it needs it. 13 COMMISSIONER MOSER: Is it the memorial 14 itself? 15 MR. BARNEY: The memorial, I don't want to 16 touch the granite, it's fairly clean as it is. And you 17 know it's a much more involved process cleaning granite, 18 but the walkways and the sidewalk around it. 19 COMMISSIONER MOSER: So the plat, the 20 platform. 21 MR. BARNEY: And the concrete benches if 22 they need it. And just pretty much anything I see when 23 I'm out there, I can go ahead and catch it. 24 COMMISSIONER LETZ: I think it's a great 25 idea, I appreciate it, and I make a motion for you to 9 1 clean the concrete area around the war memorial. But 2 coordinate it with our maintenance department if you 3 would. 4 MR. BARNEY: And the benches. 5 COMMISSIONER MOSER: I second that. 6 JUDGE POLLARD: Been moved by 7 Commissioner Letz and seconded by Commissioner Moser to 8 authorize Halston Barney with Pristine Power Cleaning to 9 clean the flat areas of the war memorial area as needed, 10 and I guess you make that decision, along with you 11 consulting with Tim Bollier, who's the head of our 12 maintenance department. Okay. Is there any further 13 discussion about that? 14 COMMISSIONER BELEW: I just want to point 15 out that that's an example of the great people that we 16 have in Precinct 1. 17 COMMISSIONER MOSER: Which side of Ranchero 18 do you live on? 19 MR. BARNEY: Apparently his side. 20 JUDGE POLLARD: All right. Those in favor 21 of the motion signify by raising your right hand. It's 22 four zero, unanimous. Thank you very much. 23 MR. BARNEY: Thank you, Gentlemen. Have a 24 good one. 25 JUDGE POLLARD: Item 1.2 consider, discuss 10 1 and take appropriate action for the Court to set a 2 public hearing regarding setting the speed limit on Byas 3 Springs Road West at 45 miles per hour. This is in 4 Precinct 4. Kelly Hoffer. 5 MS. HOFFER: Commissioner Reeves received a 6 phone call regarding the speed driven on Byas Springs 7 Road West in Precinct 4. We did a traffic count on 3-6 8 through 3-10 of 2017 on Byas Springs Road. The results 9 from the two locations that the counts were done showed 10 the 85 percentile on box B at 60 miles an hour, and 61 11 miles an hour on box E. Charlie Hastings, the County 12 Engineer, reviewed the counts and felt that 60 and 61 13 miles an hour was too fast for this road and felt 45 14 miles per hour was a much safer speed. Currently there 15 is no posted speed limit signs on Byas Springs Road. We 16 feel that it probably is necessary at the speeds that 17 people are doing, so at this time we ask the Court to 18 set a public hearing regarding setting the speed limit 19 of Byas Springs Road West for Monday, May 8th, 2017 at 20 9 a.m., and this is in Precinct 4. 21 JUDGE POLLARD: At what point does that 22 begin, and at what point does that speed limit end? If 23 it's named Byas Springs Road West, then that's going to 24 be wherever it starts and wherever it ends. 25 MS. HOFFER: Exactly. And it's a pretty 11 1 long road, so there will be multiple signs installed. 2 JUDGE POLLARD: Ordinarily you describe that 3 as a term loose of an intersection, but such and such a 4 road and the end of the road. Okay, all right, any 5 discussion? 6 COMMISSIONER REEVES: This discussion came 7 up, Constable Huffaker has been out there as well and is 8 in agreement with the County Engineer. This road as she 9 said is currently not posted, so the given speed is 60 10 miles an hour, but in order to post a sign that we feel 11 is more safe we need to hold the public hearing; 12 therefore, I make a motion to set the public hearing as 13 the road administrator requested. 14 COMMISSIONER MOSER: Second. 15 JUDGE POLLARD: What makes the road unsafe 16 at 60 miles an hour? I mean does it curve or -- 17 COMMISSIONER REEVES: There's curves, 18 there's dips, there's hills, there's blind corners. 19 JUDGE POLLARD: Pretty narrow surface, too. 20 COMMISSIONER REEVES: And it's just one of 21 the roads that's never been posted, therefore the speed 22 limit went automatically to 60 miles an hour. So 23 between the counts that's showing people are driving 60, 24 but based on the engineer, Mr. Huffaker, Kelly, 25 everybody else. And this is simply to hold the public 12 1 hearing if somebody is against it, then that's the time 2 they'll speak out. But I make a motion to hold the 3 public hearing. 4 COMMISSIONER LETZ: Second. 5 COMMISSIONER MOSER: I seconded it already. 6 JUDGE POLLARD: Been moved by Commissioner 7 Reeves, seconded by Commissioner Moser to set a public 8 hearing to establish the -- to determine whether or not 9 to post a speed limit on Byas Springs Road West should 10 be 45 miles an hour. Is there any other discussion? 11 MS. HOFFER: I just wanted to add on the 12 road specs, too, the pavement is 18, which a lot of our 13 roads are 20, 22. 14 JUDGE POLLARD: 18 feet wide from edge to 15 edge? 16 MS. HOFFER: So it is a little more narrow 17 than some of other other roads, and the length is 7.5 18 miles long. 19 JUDGE POLLARD: Some of these big Ford 20 trucks will swing out and pass each other and hit the 21 mirrors on that road, aren't they? All right, any 22 further discussion? There being none, those in favor 23 signify by raising your right hand. It's four zero, 24 unanimous. It's going to be a date to set for that -- 25 COMMISSIONER REEVES: May 8th -- 13 1 MS. HOFFER: May 8th at 9 a.m. 2 COMMISSIONER REEVES: -- 9 a.m. 3 JUDGE POLLARD: Let's go to item 1.3 4 consider, discuss and take appropriate action for the 5 Court to set a public hearing for 9 a.m. on May the 8th, 6 2017 for the revision of a plat for lots 17-R and 18-R 7 of YO Ranchlands, as described in volume 7, page 186. I 8 guess that's the deed records of Kerr County, Texas. 9 This is located in Precinct 4. Mr. Hastings. 10 MR. HASTINGS: Thank you. The owners of 11 lots 17-R and 18-R, be 60.64 and 120 acres respectively, 12 wish adjust the lot line between the two lots to follow 13 an existing fence line as depicted in the images that 14 are in your packet. The proposed Lots 17-R1 and 18-R1 15 will be 91.84 and 88.83 acres respectively. Both lots 16 of partially in the flood plain, Zone A, and they'll be 17 served by private wells, OSSF. And they both meet Kerr 18 County's minimum subdivision standards. 19 This is just about moving a lot line to 20 follow an existing fence. The County Engineer request 21 the Court set a public hearing for 9:00 a.m. on May 8th, 22 2017 for revision of plat for lots 17-R and 18-R of YO 23 Ranchlands, Volume 7, page 186, and it's Precinct 4. 24 COMMISSIONER REEVES: I'll make a motion to 25 set the public hearing for 9 a.m., May 8th, 2017 for 14 1 this agenda item. 2 COMMISSIONER BELEW: Second. 3 JUDGE POLLARD: Been moved by Commissioner 4 Reeves, seconded by Commissioner Belew to set a public 5 hearing for May 8th, 2017 for the -- to determine the 6 revision of the plat of lots 17-R and 18-R of the YO 7 Ranchlands as described in volume 7, page 186 of the 8 deed records, is that right? 9 MR. HASTINGS: Yes, Sir. 10 JUDGE POLLARD: Both tracts are in the same 11 volume? 12 COMMISSIONER REEVES: It's a plat record. 13 JUDGE POLLARD: It's a plat record, okay. 14 All right, is there any further discussion? There being 15 none, those in favor signify by raising their right 16 hand. It's four zero, unanimous. Thank you. 17 Item 1.4 consider, discuss and take 18 appropriate action to publish a request for proposal 19 concerning administrative services for the Center 20 Point/East Kerr County Wastewater project. This is in 21 reference to court order number 36034. Commissioner 22 Moser and Charlie Hastings. 23 COMMISSIONER MOSER: Yeah. I'll let Charlie 24 explain the change. This is minor changes due to the 25 RFP. And I believe the County Attorney says if we make 15 1 changes we have to bring this back forward, so with 2 these minor changes Charlie can describe what those are. 3 MR. HASTINGS: The biggest change that we 4 made on the RFQ is we wanted to make sure -- 5 COMMISSIONER MOSER: RFQ -- 6 MR. HASTINGS: Well, there's an RFP and RFQ. 7 Are we just talking about the RFQ right now? I'll wait 8 for the next one then. I don't have any comments on 9 this one. 10 COMMISSIONER MOSER: This one, I think we're 11 just delineating what that means. 12 MR. HASTINGS: We delineated what the 13 acronyms meant in the document and we put dates when 14 everything was due. 15 COMMISSIONER MOSER: Okay. I move for 16 approval. 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Moser, seconded by Commissioner Letz to publish a 20 request for proposal concerning administrative services 21 for the Center Point/East Kerr County project in 22 reference to court order 36034. Any discussion? 23 COMMISSIONER LETZ: Just for clarification, 24 we're rescinding court order number 36034, which was 25 passed at our last meeting, and this replaces it. 16 1 JUDGE POLLARD: Does the movant and the 2 second to that agree to the amendment of the statement 3 including the word rescinding the Court order? 4 COMMISSIONER MOSER: Right. 5 JUDGE POLLARD: Those in favor of the motion 6 signify by raising your right hands. Four zero, 7 unanimous. 8 Item 1.5 consider, discuss and take 9 appropriate action to publish request for qualifications 10 concerning inspection services for the Center Point/East 11 Kerr County Wastewater Project, reference court order 12 number 36035. Commissioner Moser and Hastings. 13 MR. HASTINGS: Thank you. This we had a 14 template that we were working from a few weeks ago and 15 we're asking that the Court rescind that court order, 16 and replace the request for qualifications with this new 17 one that we made some changes. We did do some, you 18 know, minor changes by putting dates in there when 19 things are due, and also just defining acronyms. But 20 the major changes we put the big emphasis on exactly 21 what we were looking for in construction inspection 22 services. And we do have one last change in the 23 document that's in front of you, on page four at the 24 bottom service requirements, that paragraph line two, 25 we'd like to strike a portion that says -- I'll read it 17 1 to you that we'd like to strike. In quote, that 2 specifically excludes construction inspection services, 3 we'd like to strike that because it makes it unclear, 4 and when someone reads this they may think that Tetra 5 Tech, an engineering consultant we're using now, is 6 excluded from submitting an RFQ, and that's not the case 7 at all. They can and they probably will. And we just 8 want to strike that line from there to make this more 9 clear. 10 COMMISSIONER MOSER: I move that we rescind 11 court order 36035, and replace -- and to publish, allow 12 for a publishing the request for qualifications for 13 construction inspection as mentioned by Charlie Hastings 14 with the modifications he suggested, all the 15 modifications. I make that motion. 16 COMMISSIONER LETZ: Second. 17 JUDGE POLLARD: Been moved by Commissioner 18 Moser, seconded by Commissioner Letz. Commissioner 19 Moser was very good in stating the motion so I'm not 20 going to try to repeat it. Anybody want it repeated? 21 COMMISSIONER REEVES: One question. Is the 22 deletion okay with the County Attorney? 23 MRS. STEBBINS: Yes, Sir, it is. 24 JUDGE POLLARD: Okay. Those in favor of the 25 motion signify by raising your right hands. It's four 18 1 zero, unanimous. 2 Item 1.6 consider, discuss and take 3 appropriate action on various requests regarding Flat 4 Rock Park and/or Hill Country Youth Event Center and 5 River Star Park for a hot air balloon festival 6 scheduled for June 2nd and 3rd, 2017. 7 MR. WILLIAMSON: Good morning. 8 JUDGE POLLARD: Hi, Jake. 9 MR. WILLIAMSON: How are you, Sir? 10 JUDGE POLLARD: All right. 11 MR. WILLIAMSON: Well, good morning. Thanks 12 for taking time out today. As we draw near to this 13 festival we did reach an agreement to have the festival 14 at Flat Rock Park June 2nd and 3rd. I just have a few 15 items I need to get clarification on and requests so I 16 can work with this client and make sure we can be good 17 partners with them and meet their expectation. Part of 18 this is going to be access to the Dog Park area, that 19 park for set up and tear down, days both previous to and 20 after the festival. I'm requesting that we have that 21 dog park section only; not the Flat Rock. So before the 22 bridge would be open, but past the bridge I would 23 request to be shut town from Tuesday through Sunday for 24 purposes of set up and tear down before and after the 25 festival. Also with that there's a back road that has a 19 1 gate that's locked that's a better access point for 2 trailers with the carnival equipment, the trucks hauling 3 the balloons, and other various items to get to the park 4 instead of try to navigate that bridge and worry about 5 gross weight over that. So I have requested that we 6 have a key, or unlocked access at certain times during 7 that week to load in. 8 I'm also -- we're still working on the 9 details between how beer's going to be sold down there. 10 But I'm going to request that it's allowed either 11 through us or the festival that we can pull a festival 12 permit, a ticket license for that area either through 13 Spectrum management or this festival, depending on how 14 we can figure the logistics of who can support selling 15 beer down there. 16 And lastly, I just needed to know if there 17 is a curfew. I know that currently parks are closed at 18 11 p.m., so I need to know if we can stay after 11 p.m., 19 or at least have gates open so they can vacate the 20 premise after 11, or what I need to do and work with the 21 promoter. As I said this is a hot hair balloon glow, so 22 it will go into the evening and into the night, so I 23 want to make sure that we get the full affect, and being 24 in June it's going to be daylight a little bit later so 25 I want to make sure that they have the full run of their 20 1 event. 2 COMMISSIONER MOSER: On the latter, that's a 3 good question. We can make exceptions to that time, do 4 we just have to mark that on the sign, Sheriff, or can 5 it be open later than 11? 6 SHERIFF HIERHOLZER: If you're going to have 7 that open. 8 COMMISSIONER MOSER: If we were to do that, 9 so that we do something like that. Well, question -- 10 JUDGE POLLARD: How late do you suggest? 11 MR. WILLIAMSON: I'd like to at least have 12 access to the grounds until at least midnight. 13 COMMISSIONER MOSER: So for another hour. 14 MR. WILLIAMSON: Yeah. So that way if I can 15 work with this client where the event might go up until 16 11, 11:15 with the carnival rides and people can vacate 17 until midnight. 18 COMMISSIONER MOSER: Another question, Jake, 19 a couple of questions. They'll be a lot of parking -- 20 where will they park for the Dog Park, because you can 21 only park probably about 10 or 15 cars back there on the 22 east side of the bridge. 23 MR. WILLIAMSON: Good question. What's 24 going to be the grounds for this is going to be past the 25 bridge. So the bridge will be the ticketing point for 21 1 the event, so it will be closed to the public. All 2 parking will be from the bridge back. 3 JUDGE POLLARD: On to the dog run area? 4 MR. WILLIAMSON: No. 5 COMMISSIONER MOSER: So back onto Flat Rock 6 Park. 7 MR. WILLIAMSON: Correct. 8 COMMISSIONER MOSER: Sill is not a good -- 9 so are you going to designate where a parking area is 10 going to be, on just catch as catch can. 11 MR. WILLIAMSON: I don't have at this point 12 good numbers on how many people to expect, we expect a 13 large volume. But it will be determined once we get 14 close. If I need to assist with cones from the 15 fairgrounds down to transport them to create spaces I -- 16 COMMISSIONER MOSER: There ought to be some 17 places to park it seems like, or -- 18 COMMISSIONER LETZ: Just on that topic, 19 Commissioner, couldn't we just use the polo field area 20 there's an exit gate over there, and make them walk. 21 COMMISSIONER MOSER: That would be great. 22 COMMISSIONER LETZ: I'd rather have them 23 park on the polo field and cross the road, and close 24 Riverside for the event than have them parking in Flat 25 Rock Park. 22 1 COMMISSIONER MOSER: Absolutely. Especially 2 if you have the back gate open. 3 MR. WILLIAMSON: We have a back gate. I 4 don't believe there's a walk down. 5 COMMISSIONER LETZ: They can go down the 6 driveway. 7 COMMISSIONER MOSER: Yeah, down the 8 driveway. 9 COMMISSIONER LETZ: The road goes down to 10 the dog park, they can walk down that. 11 COMMISSIONER MOSER: It's a long walk from 12 Flat Rock Park. 13 COMMISSIONER BELEW: What if they park on 14 the other side, on the river star event side? 15 COMMISSIONER MOSER: No. But the polo 16 grounds nearer to the -- closer to the dog park. 17 MR. WILLIAMSON: Correct. There's no 18 access. 19 COMMISSIONER MOSER: But the back -- 20 COMMISSIONER LETZ: There's a gate coming 21 out of the polo field. 22 MR. WILLIAMSON: But the back entrance is 23 backed up to a subdivision. 24 COMMISSIONER LETZ: No. You come off the 25 exit gate and use the stock show -- off the polo 23 1 grounds. 2 COMMISSIONER REEVES: And then go downhill. 3 COMMISSIONER LETZ: And then walk down 4 there, a swing gate right now, which is a driveway 5 which goes down to the bridge which goes to the Dog 6 Park. 7 COMMISSIONER MOSER: There's another gate 8 back there, Jake. 9 MR. WILLIAMSON: I must have missed it. I 10 apologize. 11 COMMISSIONER MOSER: That's a better idea. 12 JUDGE POLLARD: Somebody on a wheelchair or 13 a walker probably not going to -- 14 COMMISSIONER REEVES: Some of that could be 15 handled with handicap parking closer up to the bridge 16 and the ticket booth, on that part of it. Nobody would 17 be excluded. I guess would we need a separate agenda 18 item to close River Road? 19 MRS. STEBBINS: Yes. 20 COMMISSIONER REEVES: We can do that at the 21 next meeting. 22 MRS. STEBBINS: Yes, Sir. 23 COMMISSIONER REEVES: And I think do that. 24 What events do you have at the Event Center that 25 weekend, Jake? 24 1 MR. WILLIAMSON: That weekend we have market 2 days and swap meet, Saturday, it's a show barn and it's 3 during different hours. 4 COMMISSIONER REEVES: Then we'd also have 5 plenty of paid parking at the top also. 6 COMMISSIONER LETZ: It's a little bit of a 7 walk, but if you go to San Antonio to any kind of event 8 you walk a long way. 9 COMMISSIONER MOSER: Yeah. Go to the Alamo 10 Dome. 11 MR. WILLIAMSON: Yes. And with this event 12 we have a lot of positive sponsorship opportunities, so 13 may we can work with the sponsors to maybe sponsor a 14 fall partnership as well. 15 COMMISSIONER MOSER: Come back with a 16 proposal to close the road, okay, and take a look at 17 that other entrance. 18 MR. WILLIAMSON: Yeah. And I do know in the 19 past it's been discussed a couple of times, and I have 20 been in Court a few times already since we've been here 21 that that Riverside Drive we close quite often, and I do 22 know that Charlie has looked at ways that it can be 23 closed permanently. 24 COMMISSIONER MOSER: Different subject. 25 JUDGE POLLARD: What activities besides hot 25 1 air balloons are going to be scheduled at that time 2 beside the swap meet? 3 MR. WILLIAMSON: Sure. It's a family 4 oriented festival, so it'll be carnival rides as well as 5 they're doing mascot parades, things of that nature 6 more, you know, like Midway, if you will. And then the 7 balloons, they'll be the tethered rides. 8 JUDGE POLLARD: So you'll be arranging 9 contracts with different people? 10 MR. WILLIAMSON: I'm only arranging contract 11 with this one group who will head up those other. 12 JUDGE POLLARD: Next question. Is it just 13 going to be exhibiting hot air balloons, or they going 14 to be giving rides? 15 MR. WILLIAMSON: Tethered rides. So what 16 that will entail the balloons will be anchored, be 17 waited to the trucks to the ground, to where people can 18 ride them, they'll go straight up in the air 50 to 90 19 feet for a certain period of time and then come back 20 down. 21 JUDGE POLLARD: Well, that answers my next 22 question. I read an article not too long ago, a pretty 23 exhaustive article about hot air balloons and the 24 accidents they've had that where everybody in the -- 14 25 in the basket were killed, and you know, hit a power 26 1 line or something like that. So I'm concerned about 2 possible liability for the County in this and in the 3 contract. 4 MRS. STEBBINS: I think that the organizer's 5 required to carry liability insurance probably up to a 6 million dollars, if I'm not mistaken. So that's the -- 7 JUDGE POLLARD: We going to have plenty of 8 indemnity agreements with them. 9 MRS. STEBBINS: Yes, Sir. 10 MR. WILLIAMSON: Per contract. And there is 11 no extension rides, and weather permitting, you know. 12 If it's implement weather -- 13 JUDGE POLLARD: And assuming the rope 14 doesn't break. 15 COMMISSIONER MOSER: Proof load on it. 16 COMMISSIONER LETZ: Don't talk to the Judge 17 on the promotion side. I think the -- Jake, I think the 18 best way to go forward is I think it's probably at our 19 next meeting get a written, all the specifics of a lot 20 of the things. I don't know that we need -- or I don't 21 know, what do you think? 22 COMMISSIONER REEVES: Well, I know we need 23 to come back on the road. 24 COMMISSIONER LETZ: And the curfew, you 25 know, we can extend that. But I mean rather than do 27 1 a bunch of -- I'd rather have a written exact thing that 2 we're doing, you know. We're going to close the road, 3 we're going to lift the curfew to, you know, whatever 4 time. 5 COMMISSIONER REEVES: And work out will you 6 be selling the beer as Spectra Management, or will the 7 promoter be? And get all that down, and in the meantime 8 then I could find some time we'll go look at that back 9 gate. 10 COMMISSIONER MOSER: And I'll be happy to 11 help you do that. 12 COMMISSIONER REEVES: We know where the back 13 gate is, or I do. 14 COMMISSIONER MOSER: That's part of the 15 park. 16 COMMISSIONER LETZ: That is a little bit 17 different, you know, to close the Dog Park during that 18 period, I have no problem with that. This is a -- will 19 be some push back from the public. But I think I talked 20 to Mr. Reeves a little bit about this the other day is 21 we've had a -- I guess a mindset that we can never close 22 that to Flat Rock Park, it's open to the pubic and I'm 23 not sure that makes sense. There are certain parks that 24 are regulated and closed for external events, and I 25 think that makes a lot more sense. 28 1 MRS. STEBBINS: I think so, yes, Sir. 2 COMMISSIONER MOSER: Whenever we need to. 3 COMMISSIONER LETZ: And we're not closing 4 the other park; just the Dog Park during that period. 5 And the other thing to bring it up that this is that 6 park, or that portion of that park, is not under the 7 contract with Spectrum. We think that we need to, you 8 know, this event -- I don't know if we need to do a 9 formal -- defer to the County Attorney on that, but to 10 me, you know, it's their event, they're putting it on, 11 even though it's outside there. And the revenue is 12 coming in just like it was in the Event Center. And 13 needs to be handled financially that way, even though 14 it's not technically part of that contract area, so we 15 need to put that. 16 COMMISSIONER REEVES: To amend the contract. 17 But in all likelihood we would not have got this if it 18 would not have been for the marketing ethics. 19 COMMISSIONER MOSER: Jake, it's through 20 Sunday. Is it through midnight Sunday or noon Sunday? 21 MR. WILLIAMSON: I would say 11 p.m. park 22 closure time on Sunday. 23 COMMISSIONER MOSER: On Sunday, okay good 24 enough. I agree with Commissioner Letz and come back 25 with the specifics of how we're going to do this. 29 1 COMMISSIONER LETZ: But I think everything 2 you mentioned for you to be able to go forward 3 conceptionally we agree to. 4 COMMISSIONER MOSER: Conceptionally we 5 agree. 6 MR. WILLIAMSON: That helps. 7 COMMISSIONER LETZ: And you can negotiate 8 what you need to, and we'll come back with the specific 9 hours and dates and times. 10 JUDGE POLLARD: So do you think a motion is 11 appropriate, or just saying we're generally approving 12 the idea, and generally come back with specific details, 13 and the Court approval specifically at a later time, is 14 that it? 15 MRS. STEBBINS: Am I getting an instruction 16 to look at a specific instruction to look at Flat Rock 17 Park? 18 COMMISSIONER LETZ: I think we should just 19 do it permanently. But, you know, I think you -- I 20 don't know that -- because it's going to have to go to 21 Philadelphia. 22 MRS. STEBBINS: I'll have a look at it. 23 COMMISSIONER LETZ: I don't think we can get 24 that done in two weeks. I think we can just handle this 25 way, but I think it would be a good thing to do. I 30 1 can't him imagine Spectra having an issue with that. 2 MR. WILLIAMSON: We'd love the opportunity. 3 COMMISSIONER MOSER: It'll be good. 4 MR. WILLIAMSON: It's going to be exciting. 5 COMMISSIONER MOSER: And it'll be visible 6 all over -- maybe not all over Kerr County, but a lot, 7 if you go higher than 60 feet. 8 MR. WILLIAMSON: Hopefully one of these 9 years. Thank you. 10 JUDGE POLLARD: There is a timed item at 11 9:30. Item 1.9 consider, discuss and take appropriate 12 action on request from Kerr 911 to approve an amendment 13 to their capital budget. Mr. Mark Del Toro. 14 MR. DEL TORO: Good morning, Judge, good 15 morning, Commissioners. In accordance with Texas Health 16 and Safety Code, chapter 772, I'm here to request your 17 approval for 911 amending their capital budget. We are 18 looking to purchase a piece of property to build a 19 building that will house our administrative office. As 20 well as a back-up dispatch center slash operations 21 center. Those are the plans for the future, and I just 22 need your approval on this one line item in my capital 23 budget. 24 COMMISSIONER MOSER: So where's it going to 25 be? What's it going to cost? 31 1 MR. DEL TORO: Right now I'm looking at two 2 million dollars. And location is Alpine Drive, right 3 next to the fire station. 4 COMMISSIONER MOSER: And so the need for 5 this is -- I mean your offices are great. 6 MR. DEL TORO: Well, this is the 30th year, 7 November will mark the 30th year of Kerr's 911 8 existence, and during that time the district has been 9 renting office space. And I think the taxpayer money 10 could be put to better use if we owned current 911 11 facility. 12 COMMISSIONER MOSER: So don't you kind of 13 need to show us some numbers that this is the right 14 thing to do? I hear what you're saying, but -- 15 MR. DEL TORO: I think it's the right thing 16 to do for the community, and really we had thought about 17 a place years ago for our admin office, and admin only. 18 The recent fire at the Sheriff's Department really got 19 us to thinking that there is a need in the community for 20 dispatchers to go to if they have to evacuate their 21 facility, as they have been. And we want to -- we want 22 to do something -- 23 COMMISSIONER MOSER: Mark, I think we need a 24 lot more specifics here. I think we need to show some 25 numbers here. How much you pay for rent now, how much 32 1 that this new facility would cost. What this would take 2 to maintain it. And why there needs to be a backup. 3 MR. DEL TORO: Well, we feel there needs to 4 be a backup, because in the event of KPD or KCSO 5 dispatch centers have to evacuate their call center -- 6 COMMISSIONER MOSER: What do we do now for 7 backup? 8 MR. DEL TORO: Well, you had to send one 9 dispatcher over to KPD. 10 COMMISSIONER MOSER: So. 11 MR. DEL TORO: And by the time they were 12 able to get connectivity they were already -- 13 COMMISSIONER MOSER: Show us some cost 14 benefits and stuff, okay, both quantitative and 15 qualitative, okay. 16 MR. DEL TORO: Yes, Sir. 17 COMMISSIONER REEVES: Mark, would this 18 request be coming out of your existing funds? 19 MR. DEL TORO: It will be. 20 COMMISSIONER REEVES: You're not asking us 21 to fund -- 22 MR. DEL TORO: No, we are not coming to you 23 for funding whatsoever, and this is not a request for 24 tax increase for us; this is cash on hand. 25 COMMISSIONER MOSER: So do you even need our 33 1 approval? 2 MR. DEL TORO: I do need your approval in 3 accordance with the Health and Safety Code, because it 4 is a budget amendment. 5 COMMISSIONER MOSER: Then I keep my 6 questions to you. 7 COMMISSIONER LETZ: I mean I agree with 8 Commissioner Moser, I think we need more detail as to 9 what your rent is, what your annual rent is now, and 10 financial -- the financial side of it, something like 11 that. And also if this is the most cost effective way 12 to do a second or backup system. 13 COMMISSIONER MOSER: Right. And the need 14 for a backup system. 15 COMMISSIONER LETZ: I mean I think there's a 16 need, but my question would be is it better to figure 17 out how to do redundancy at KPD and the Sheriff's 18 Department, or build a third system? That's kind of -- 19 I believe we definitely need some sort of a back up 20 better than probably what we have right now, and what's 21 the best way to achieve that, and that's why you're 22 there. 23 COMMISSIONER MOSER: Okay, thanks. So no 24 action? 25 JUDGE POLLARD: I'd like an opinion from the 34 1 County Attorney on this somewhere, too as to whether or 2 not we have the right to ask for this information or 3 have any control over it or not, and let's settle it. 4 MRS. STEBBINS: Okay. What section of the 5 Health and Safety Code? 6 MR. DEL TORO: 772 subchapter D. 7 MRS. STEBBINS: Thank you. 8 COMMISSIONER LETZ: I think we approve their 9 budget every year. 10 COMMISSIONER REEVES: We approve the budget, 11 and you're funded through a tax -- 12 MR. DEL TORO: We're funded through a 13 service fee on each and every telephone line. 14 COMMISSIONER REEVES: Telephone line. 15 You're not funded with property taxes or anything like 16 that? 17 MR. DEL TORO: No, not at all. Our fee is 18 set at 50 cents per month per line, per device. 19 COMMISSIONER MOSER: Well, if you don't have 20 to get our approval, go for it. But if you do need our 21 approval then -- 22 JUDGE POLLARD: Let's find out. 23 MR. DEL TORO: It's just the formality is 24 written in the Health and Safety Code that we present 25 out budget to the governing jurisdiction where the 35 1 district lies. 2 COMMISSIONER BELEW: So you don't have to 3 ask for approval to get the ball rolling to get the 4 whole thing going, all that's been done, but if you make 5 a change in it you need our approval? 6 MR. DEL TORO: Yes. Since already it came 7 to the Court for our 2017 budget and you approved it, 8 we're making a change to the budget, and I need to get 9 permission, I need to get approval from you to make -- 10 for us to make that amendment. 11 COMMISSIONER LETZ: I don't really need huge 12 detail. Some of the backup I think would be helpful 13 just to make sure so the public knows why we're doing 14 it. 15 COMMISSIONER MOSER: Well, let me be 16 specific. I specifically would like if we're going to 17 approve it, I'd like to see what the cost, what the 18 benefits are for changing the location from rent to 19 owning, what the operations cost are. Once you do that 20 then operations cost above and beyond. I'd like to 21 understand better why -- I can hear you say you need a 22 backup, but there is a backup now, why this backup is 23 better than what we have. Better is the enemy of good. 24 So come back with specifics on that, and if we don't 25 have to approve it, then go for it. 36 1 JUDGE POLLARD: All right. So no action for 2 now? 3 MRS. STEBBINS: I'll send y'all an opinion 4 this week. 5 JUDGE POLLARD: Yeah, okay. The fact that 6 that there's no tax funds from the County kind of 7 indicates maybe we don't have supervisory, but the fact 8 that the safety code requires that we do it indicate 9 maybe we do, so sort of a conflict. Let's find out. 10 COMMISSIONER BELEW: And 911 is a taxing 11 entity, I don't know how we get involved in it at all 12 really. 13 JUDGE POLLARD: I don't either. 14 MR. DEL TORO: And let me read to you from 15 chapter 772, budget annual report audit. The Director 16 shall prepare under the direction of the board an annual 17 budget for the district. To be affective the budget 18 must be approved by the Board, and be presented to and 19 approved by the Commissioners' Court of each County in 20 the district, and be presented to the governing body of 21 each participating jurisdiction and approved by a 22 majority of those jurisdictions. 23 COMMISSIONER LETZ: I mean I'm just -- 24 whether or not we have the authority to do it or not in 25 the past, this County has been very involved with 911 37 1 and on their organization, and at one point it didn't 2 run so smoothly, and we were very hands on during that 3 period to get it changed. And Mr. Amerine -- we didn't 4 hire Mr. Amerine, but we worked very close to their 5 board to get in the direction -- 6 JUDGE POLLARD: But by tradition, or 7 assertion. 8 COMMISSIONER LETZ: If we had authority to 9 do that, I don't know. 10 COMMISSIONER MOSER: And a fantastically run 11 operation. Don't take this as negative -- 12 MR. DEL TORO: No, I'm not, not at all. You 13 have questions, I will get you the answers. 14 COMMISSIONER MOSER: Good deal, thank you. 15 JUDGE POLLARD: Thank you. All right, 16 another one set at 9:30 is item 1.10, present video "Be 17 Flood Aware", and give status of Flood Warning System 18 grant. Commissioner Moser and Ray Buck. 19 COMMISSIONER MOSER: Just for some 20 background on this just recall as what we did in 21 Commissioners' Court and UGRA, we applied for a grant 22 from FEMA for a flood warning system. It included 23 about -- I think we did an engineering study at 69 24 crossings. I think we looked at the thing for putting 25 in -- taking the 20 that exist, upgrading them, adding 38 1 ten for detection systems, adding 30 for gauges to be 2 shown and that application has been submitted. Okay. 3 And we said the biggest thing and the 4 Sheriff's been part of this, as UGRA and the others, the 5 biggest thing is warning, getting the public educated 6 what to do. And once we have all systems in place and 7 understanding, still got to inform the public, that's 8 the big thing. But what Ray and Tara have done here, 9 something to start that first step, so this is just to 10 show you that UGRA is taking the lead. You've done a 11 great job. 12 MS. BUSHNOE: We're excited to be able to 13 show this today, it's been a great partnership with Kerr 14 County -- 15 COMMISSIONER MOSER: Tell them who you are. 16 MS. BUSHNOE: Oh, Tara Bushnoe, Upper 17 Guadalupe River Authority. And we're excited to be able 18 to show it to you today, it's been a great partnership 19 with Kerr County and the City of Kerrville. We worked 20 together, had involvement with Dub Thomas from the 21 beginning. And the video is produced by Arron Yates 22 from Kerrville Photo, and really happy with the final 23 product. It's been seen a lot and we're hoping to 24 increase that. 25 MR. BUCK: How many times has it been seen, 39 1 Tara. 2 MS. BUSHNOE: Our YouTube number is like 820 3 since last -- it's just been posted since last 4 Wednesday. 5 (Playing video.) 6 MS. BUSHNOE: And you can link to it through 7 our website. There's a link to it on our home page at 8 our website, and then we're also going to use that in 9 conjunction with Kerr County Emergency Management and 10 the City of Kerrville presentations with local groups 11 with it as well. If anybody would like their group to 12 see it or have a presentation, please let us know. 13 COMMISSIONER BELEW: Is this going to be in 14 the schools, Tara? 15 MS. BUSHNOE: Yes. We just have to 16 coordinate how to best get that out effectively. But we 17 just through our regular press release process and just 18 having it in news letters and different people list 19 serve has good visibility so far, but we definitely want 20 to have organized program to have it seen as much as 21 possible. 22 COMMISSIONER MOSER: Thank you. It's also 23 on YouTube, right? 24 MS. BUSHNOE: Right. Instead of having to 25 navigate the YouTube link you can search be flood aware 40 1 in YouTube and find it, and you can also go to UGRA.org 2 and it's right there on the home page and it'll take you 3 right to there. 4 MR. BUCK: I'd like to thank Commissioners' 5 Court, and especially your leadership, Tom, in helping 6 move this forward. This is an idea we had a number of 7 years ago, and we've been working with Commissioners' 8 Court, with Tom leading several stakeholder groups and 9 culminating this grant that we submitted to FEMA, and 10 hopefully we get that, because this is part of that, 11 education's only part of that, we have to have the 12 hardware out there to get the information to Dub or the 13 Sheriff to be able to make the decisions. So thank you 14 again. 15 COMMISSIONER MOSER: Well, thank you. 16 (Off the record.) 17 JUDGE POLLARD: All right, not quite ten 18 a.m., so we'll go back to the regular agenda. 19 Item 1.7 consider, discuss and take 20 appropriate action to authorize Constable Precinct 2 to 21 hold reserve commission for current employee in 22 Environmental Health and Animal Services Department. 23 Ray Garcia and Charlie Hicks. 24 MR. GARCIA: Good morning, Judge, good 25 morning, Commissioners. 41 1 JUDGE POLLARD: Howdy. 2 MR. GARCIA: Recently had an employee, a 3 current employee, that put himself through the law 4 enforcement academy like many of us, do. We would like 5 to request that we hold his commission as a reserve, and 6 all the training, uniforms, all that has already been 7 budgeted, because he is a current employee, and the only 8 thing that we would ask is get his bond. 9 COMMISSIONER MOSER: So move. 10 COMMISSIONER LETZ: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Moser, seconded by Commissioner Letz to approve and 13 authorize Constable Precinct 2 to hold reserve 14 commission for current employee in Environmental Health 15 and Animal Services Department. Any further discussion, 16 comment? If not, those in favor signify by raising your 17 right hand. It's four zero, unanimous. 18 1.8 consider, discuss and take appropriate 19 action to approve contract with Xerox for the Animal 20 Services Department and allow the County Judge to sign 21 the same. Mr. Garcia. 22 MR. GARCIA: Yes, Sir. The County Attorney 23 has reviewed, and the auditor as well has both reviewed, 24 and I am requesting the renewal of the Xerox lease. 25 There is a small savings on this renewal. 42 1 COMMISSIONER LETZ: Move for approval. 2 COMMISSIONER REEVES: Second. 3 JUDGE POLLARD: Been moved by Commissioner 4 Letz, seconded by Commissioner Reeves on item 1.8, that 5 is to approve the contract renewal with Zerox for the 6 Animal Service Department, and to allow the County Judge 7 to sign the contract. Any further discussion or 8 comment? 9 COMMISSIONER BELEW: I have a question. 10 What constitutes a small savings? 11 MR. GARCIA: I can go over those numbers for 12 you right now. The monthly savings of -- sorry. 13 COMMISSIONER MOSER: Very small savings. 14 MR. GARCIA: I just got my glasses. 15 JUDGE POLLARD: You need a new set of 16 glasses. 17 MR. GARCIA: My prescription was just 18 renewed. 2906 for a monthly savings, annual savings of 19 $348.72, and the contract savings of $1,394.88. 20 JUDGE POLLARD: All right, those in favor of 21 the motion signify by raising your right hands. It is 22 four zero, unanimous. 23 MR. GARCIA: Thank you. 24 JUDGE POLLARD: Is it ten yet? Let's go to 25 item 1.15 consider, discuss and take appropriate action 43 1 to open and accept the request for qualifications for 2 the owner representative/construction management 3 services for the Kerr County 2016 hail damage to roofs 4 and HVAC and to appoint a committee to evaluate and 5 score the RF's. Brenda Doss. 6 MRS. DOSS: Yes, Sir. Commissioner Reeves 7 and Commissioner Letz are opening the RFQ's, that we 8 will document, and then we'll need to appoint a 9 committee and work on the schedule. Before our next 10 we'll score the RFQ's and bring them into Court. 11 COMMISSIONER REEVES: It looks like we have 12 four. 13 COMMISSIONER LETZ: First one is from PBK 14 Civic and Government. These are all RFQ's, aren't they? 15 MRS. DOSS: Yes, Sir. 16 COMMISSIONER LETZ: Just to have review them 17 and see. The next one is Armko, A-R-M-K-O, Industries, 18 Inc. The next one is from 4T Partnership, LLC. 19 JUDGE POLLARD: Where are they from? 20 COMMISSIONER LETZ: This outfit is from 21 Celina, Texas. The one submitted from Armko, they're 22 from appears to be in from Austin. And PBK is from San 23 Antonio. And the last one from Agency Construction 24 Management Services. 25 COMMISSIONER REEVES: I believe it's 44 1 actually from JS Held, H-E-L-D, out of Dallas. 2 COMMISSIONER LETZ: I move we accept all 3 proposals, and authorize the Auditor, the County 4 Attorney, and Commissioner Reeves. 5 COMMISSIONER MOSER: Accept all 6 qualifications. 7 COMMISSIONER LETZ: Accept all 8 qualifications, and to review and come back with a 9 recommendation. 10 COMMISSIONER MOSER: And is the scope of 11 this is to manage the services to be performed, or is 12 this the people that are going to perform the services? 13 MRS. DOSS: No; they will manage. They will 14 help us prepare RFQ's -- or RFP's for -- 15 COMMISSIONER MOSER: To do the work. 16 MRS. DOSS: For someone to do the contract, 17 and to replace the air conditioners. 18 COMMISSIONER MOSER: And how much was the 19 insurance for? 20 MRS. DOSS: So far we have gotten proceeds 21 of four hundred -- 567,000. But, if it's determined 22 that there are more damages then they will also work 23 with the insurance. 24 COMMISSIONER MOSER: To do that. 25 MRS. DOSS: To do that. 45 1 COMMISSIONER MOSER: Okay. 2 COMMISSIONER REEVES: I believe it was in 3 the RFQ that we would open them today, come up with 4 those that we feel are worthy of an interview process by 5 the 5th of April, and then hopefully by the 10th of 6 April, which I'm not sure of the Court dates, but as 7 close to the 10th of April as possible to select. 8 MRS. STEBBINS: The 10th of April is a court 9 date. 10 COMMISSIONER LETZ: I amend my motion -- 11 COMMISSIONER REEVES: Well, they're already 12 in there. 13 COMMISSIONER LETZ: Okay, it's in there. My 14 motion -- let me just restate the motion that we accept 15 all qualifications from the four entities and authorize 16 the committee of Brenda Doss and Heather Stebbins, Bob 17 Reeves to review qualifications and come back to the 18 Court for recommendations. 19 COMMISSIONER REEVES: Could we add 20 Mr. Hastings to it in case we need his expertise? 21 COMMISSIONER LETZ: Sure. And be able to 22 add anyone else y'all feel appropriate. 23 JUDGE POLLARD: Any second? 24 COMMISSIONER BELEW: Second. 25 JUDGE POLLARD: All right. Been moved by -- 46 1 it's been moved and seconded as to item 1.15 to accept 2 all of the packages, I guess, from these people, 3 proposals, there being four read into the record, and to 4 appoint a committee of four people including 5 Mr. Hastings, the County Auditor, the County Attorney, 6 and Commissioner Reeves to study it and to determine 7 which ones are, borrowing Commissioner Reeves language, 8 worthy of a final interview and -- okay, is that a fair 9 statement of the motion? 10 COMMISSIONER LETZ: Yes, Sir. 11 JUDGE POLLARD: Any further discussion or 12 question about it? If not, those in favor of the motion 13 signify by raising your right hand. It's four zero, 14 unanimous. 15 All right, item 1.16 consider, discuss and 16 take appropriate action to approve the annual financial 17 report, which clues the audited financial statements for 18 the period ending September 30, 2016, and the Federal 19 and State single audit report for the period ending 20 September 30, 2016. And it doesn't say in this item on 21 the agenda, but that's for the County of Kerr, isn't it? 22 MRS. DOSS: Yes, Sir. 23 JUDGE POLLARD: Okay. Kind of important 24 there. 25 MRS. DOSS: The external audit has been 47 1 completed. Debbie Fraser from Armstrong, Vaughan & 2 Associates was the manager in charge, and she will 3 present the audit this morning. 4 MS. FRASER: Good morning. I hope y'all 5 have had time to at least read the -- part of the 6 report. The final copies Brenda's handing out at this 7 time. 8 JUDGE POLLARD: It's pretty thick. It'll 9 take a while. 10 MS. FRASER: And I know people tell me it's 11 not the most exciting reading, but we try. 12 On page one this is your independent 13 auditor's report. Basically, it says after adjustments, 14 that your financial statements are fairly stated and 15 materially correct. We had nine adjustments, and Brenda 16 provided us with all but two of those after we came here 17 to begin the audit. So really we had two audit 18 adjustments. 19 The first section after the opinion, which 20 starts on 4, it might be interesting reading later on, 21 but 4 through 13 is the management discussion and 22 analysis, and it's just an over view of the audit. 23 Normally on the full accrual basis. The audit is broken 24 up into two basic parts, a full accrual basis and a 25 modified accrual basis. And you budget on the modified 48 1 accrual basis, so that's the pages that I'll go over 2 real quickly for you. On page 19 this is your balance 3 sheet of all governmental funds. The last column is 4 your total of all governmental funds. So you had at the 5 end of the year 32.8 -- almost 32.9 million dollars in 6 total assets. A little over 29 million of that is in 7 cash. And I want to point out that the Center Point 8 project for the monies for loan forgiveness and the 9 grant are not included in here, because there's a 10 section based on the escrow agreement that they have -- 11 that the State still has basically title and 12 responsibility for that cash, so we did not include it 13 in the financial statements. 14 Your liabilities overall for all funds were 15 1.9 million, you had unavailable revenue. That revenue 16 consists of uncollected tax -- ad valorem tax, and 17 that's two and a half million, so that left you with 18 32.9 million in fund balance. Of that seven million is 19 unassigned fund balance, which means it's available for 20 you to use. That's 4.9 million -- or 4.9 months in 21 funds operating expenses; however, the GSOA is now 22 recommending that you have six months operating expenses 23 on file or in your fund balance. And I want to point 24 out that you do have half a million dollars, a little 25 over half a million dollars of those unassigned funds 49 1 are the proceeds from the insurance company for the roof 2 and other hail damage that you had, so that would be 3 used up fairly quickly once you decide who you're going 4 to use. 5 If you turn back to page 58 and 59, this is 6 your general fund, and your Road & Bridge fund. Budget 7 to actual, and it also has 2015 comparative data in it. 8 So the first two columns are your original and final 9 budget. The middle column is your actual amount that 10 you spent during the current year, a variance, and then 11 your 2015 actual is the last column. 12 So you budgeted to spend, or to bring in 13 revenues of 23.2 million, you actually spent a little 14 over that. 23 million 600 and -- I'm sorry, you didn't 15 spend it, you brought it in. You brought in 23,611,060 16 and the item that was most favorable or positive was 17 your other revenue, which included those proceeds from 18 the insurance company, because in governmental 19 accounting you don't defer those; we go ahead and 20 recognize them as income right away. 21 So your total expenditures, you actually 22 budgeted 23,077,000 and you actually spent 22 23 thousand(sic) 200,486, so you had a positive variance of 24 877,167 compared to last year. You had 21.6 million, so 25 you spent about six hundred thousand more than you did 50 1 in the prior year. So your net change in fund balance 2 was 928,276, so it increased your fund balance from 6.4 3 million to 7.5 -- or 7.4. 4 In your Road and Bridge fund you budgeted 5 2,784,000 and you brought in 2.8 million, so you 6 actually brought in a little over 27 thousand over what 7 you expected. And that was about 60 thousand from what 8 you brought in last year for the Road and Bridge fund. 9 Your total expenditures for that were 3 10 point -- 3,142,000 compared to the budget of 3 million 11 413, so you under spent about 271 thousand. You also 12 under spent what you spent last year 3,241,000, so you 13 increased your fund balance in the Road and Bridge fund 14 by about 104,000. 15 COMMISSIONER LETZ: We tend to have an 16 ongoing argument about this. 17 MS. FRASER: Not enough, you didn't increase 18 it enough. That's what auditors always like to hear. 19 Page 61. I don't know if you remember last 20 year, but we had to include on the financial statements 21 your net pension liability. And so this year on page 61 22 62 we actually will have comparative data. It's shown 23 perspectively because we didn't have those figures 24 before. You're net pension liability is the fourth line 25 from the bottom, it did go up from 4.3 million to 7 51 1 million. 2 COMMISSIONER MOSER: Which page are you on 3 now? 4 MS. FRASER: 61 and 62. So you went from 5 almost 92 percent funded to 87.4 percent funded, so it's 6 a little bit of a drop, but I want to point out why it 7 dropped. If you go to about halfway up on the page, net 8 investment income, so in the actuarial study for 2014 9 the investment income was three million dollars. Last 10 year you had a loss of three hundred and -- in 2015 11 374,000. Now, this is not managed by you; it's managed 12 by TCDRS. And also the market was down quite a bit. 13 And they reinvested, they sold a lot of things and 14 reinvested, changed up their investments. So a lot of 15 this, or all of this didn't have anything to do with you 16 all, it was mainly -- well it was through TCDRS. 17 COMMISSIONER LETZ: The question on that 18 who's liable -- I mean the county's liable for the 19 amount even though we don't control it, correct? 20 MS. FRASER: You don't control it, yes. And 21 you are liable when people retire for those monies, but 22 it's -- you know the investments, we've all seen our 23 investments go up and down, up and down over the past 24 five or ten years, so they also changed their 25 assumptions -- so their assumptions used to have a male 52 1 living until 70. Now they've raised it to 80, and a 2 female has gone from 75 to 85; however, you are one of 3 the best funded places we audit. Most of them are in 4 the mid 70's to low 80's. And that has to do with the 5 fact that you are an older County. Some of the -- and 6 haven't, you know, haven't grown hugely in your staff. 7 So some of the younger cities are really struggling 8 because they've grown kind of fast and so the 9 retirement's not funded as well. 10 COMMISSIONER REEVES: And is this loss 11 indicating a loss as of what it was September 30, 2015. 12 MS. FRASER: '14, right. '14 and '15. So 13 it goes back to the calendar year, that's when they do 14 their actuarial study. 15 COMMISSIONER LETZ: So based on what the 16 overall market's down, probably be -- some of that will 17 be caught up, you think, the next year? 18 MS. FRASER: I would think at the end of 19 2015 you would end up on a much more positive note. 20 COMMISSIONER LETZ: Recapture some of that 21 loss. 22 MS. FRASER: But if they don't they base 23 your -- they base your percentage that they asked you to 24 contribute on all these factors and yours didn't go 25 up -- 53 1 MRS. DOSS: No. 2 MS. FRASER: -- from 2015 to '16, so that's 3 a positive sign. 4 COMMISSIONER MOSER: So let me ask you a 5 question on 61 the total pension liability for the 6 county is 56 million, is that correct? 7 MS. FRASER: That's your -- yes. And then 8 you have assets, or changes in the net position of 9 256,000, and then you had plan fiduciary net position of 10 49.2 million, so that's considered an asset. So your 11 liability was 56 million, and then you have 49 million 12 in fiduciary assets. 13 COMMISSIONER MOSER: Okay, I see. Thank 14 you. 15 MS. FRASER: There's a couple kind of 16 interesting notes that I'd like to point out. I'm not 17 going to go through them too much, but your retirement 18 note starts on page 45 and it gives you specific -- I'm 19 sorry, 44. It gives you specific information about how 20 many retirees are receiving benefits, so you went from 21 141 people receiving benefits in '14, in '15 152. You 22 had active employees 287, and it went up to 293. 23 We talked about the actuarial assumptions 24 that TCDRS uses. On 45 you can see where they've 25 included or invested their funds -- or your funds on 54 1 behalf of you. 2 COMMISSIONER LETZ: Question. Going back to 3 the -- an inactive employee, is that for someone who's 4 quit or retired? 5 MS. FRASER: Who's quit but not yet retired 6 and receive benefits. 7 COMMISSIONER LETZ: But eligible for 8 benefits. 9 MS. FRASER: Eligible. 10 COMMISSIONER MOSER: Will be eligible. 11 MS. FRASER: Will be eligible eventually. 12 COMMISSIONER LETZ: I'm just looking at the 13 inactive employees that are not receiving benefits of a 14 198. I would have thought that would be higher. So 15 that's total employees that have left the County at some 16 point and are not receiving benefits. 17 MS. FRASER: And are not receiving benefits. 18 COMMISSIONER LETZ: Okay. 19 MS. FRASER: On page 46 I want to point out 20 the discount rate sensitivity analysis, and they expect 21 the net pension liability, or they calculated it using 22 the 8.1 percent discount rate, but they're also saying 23 that that could go as low as 7.1 or as high as 9.1. So 24 you'll see that, you know, if it's 7.1 your liability 25 would go up another almost 7 million or a little over 7 55 1 million; however, if they're wrong and your discount 2 rate goes down it would go down about 6.2 million. 3 Again, this is an estimate. They can't pinpoint exactly 4 what's going to happen in the future. 5 The other interesting note has to do with 6 your TWD grants, and that begins on page 51 briefly and 7 52, so you've received several loan forgiveness loans 8 and you've received loans as well as grants. Again, I 9 want to point out that the escrow agreement says that 10 the money shall not be considered a banking deposit of 11 the County so we did not include it as part of your 12 financial statement. 13 This probably a little gray area when you 14 come to accounting because of course being an auditor I 15 want to recognize that debt; however, we can't recognize 16 the proceeds that you received, we don't recognize it as 17 a debt. 18 COMMISSIONER LETZ: Those funds were -- I 19 thought those funds were stayed at the Water Development 20 Board until we drew them down? 21 MS. FRASER: They actually transfer them and 22 put them in your name in an escrow account. 23 COMMISSIONER LETZ: All right. 24 MRS. DOSS: Yeah. 25 MS. FRASER: But anyway that note may be of 56 1 some interest to you later on. Any questions on the 2 actual report? I'll go over it quickly, I'll go over 3 the compliance report. You had no -- or you were in 4 compliance with all grants. Your internal controls were 5 followed for those grants, so you received an unmodified 6 opinion on both of those. 7 Audit report. The schedule grants that you 8 received during the year is on page 9, and you received 9 1.2 million in those grants. You spent under your TWDB 10 grants 691,000; however, that's not the grant we 11 audited. We audited the grant from the Texas Department 12 of Agriculture, and we chose that grant because it was 13 ending so we wanted to make sure you were in compliance. 14 And I had actually audited the TWD grants last year. So 15 normally if you have other grants you want to audit 16 periodically and change the grants you are auditing. So 17 we had no findings in that area. 18 And the only comment we have was this year, 19 we did not write it because it's not -- it's kind of a 20 minor infraction, but we asked your treasurer to start 21 signing off adjustments when they're needed. 22 That's it. 23 JUDGE POLLARD: Thank you, Ma'am. 24 COMMISSIONER LETZ: Thank you, Brenda. 25 COMMISSIONER MOSER: Yeah. Thank you, 57 1 Brenda. 2 JUDGE POLLARD: Okay. 3 COMMISSIONER REEVES: How about a short 4 recess. 5 COMMISSIONER LETZ: Do we need to accept, do 6 we not? 7 MRS. DOSS: Yes. 8 COMMISSIONER LETZ: I make that motion that 9 we accept the financial audits. 10 COMMISSIONER BELEW: I second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Letz, seconded by Commissioner Belew to accept the audit 13 as submitted. Any further comments or questions? Those 14 in favor signify by raising your right hand. Four zero, 15 unanimous. You're official now. Thank you. You're 16 anointed. 17 All right, a ten-minute break now. We'll 18 resume in ten minutes. 19 (Recess.) 20 JUDGE POLLARD: All right, we're back in 21 session again. It appears to be 10:35 a.m. -- order in 22 the courtroom. Thank you. 23 Item 1.11 consider, discuss and take 24 appropriate action on authorization of filling vacant 25 position at Kerr County Juvenile Detention Facility. 58 1 These being budgeted positions. Howdy, Jason, how you 2 doing? 3 MR. DAVIS: Good morning, Your Honor, 4 Commissioners. We've had one of our full-time male 5 officers JSO's leave, we'd like to bump one of the part 6 timer's up to fill that position for him, and then we 7 would like to replace that with a part-time position for 8 the vacancy created. We also have a couple other 9 part-time vacancies -- 10 JUDGE POLLARD: No increase to the County. 11 MR. DAVIS: That's correct. 12 COMMISSIONER LETZ: Move for approval. 13 COMMISSIONER MOSER: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Letz, seconded by Commissioner Moser, who really did 16 like that no additional cost to the County, to authorize 17 the filling of the vacant position to Kerr County 18 Juvenile Detention Facility, moving a part timer up to a 19 full-time job where one male full-time employee has 20 left. And to also fill the part-time vacancy. Is there 21 any further discussion? 22 COMMISSIONER LETZ: Jason, question. It 23 seems to me that you have less turnover than you've had 24 in the past. Is that correct, or is that about the 25 same? 59 1 MR. DAVIS: Right now we have less turnover. 2 Probably in the last six months I would say we have. 3 And the employees that are leaving are leaving for what 4 I'm saying good reasons, advancement. The gentleman 5 that's leaving right now to work in Afghanistan as a 6 contractor. So when they're leaving it's mostly for 7 good reason. And yes, I would say all in all the last 8 six months or a year we've had less turnover. The issue 9 we have is our part-timers, because ones people get full 10 time they really want to keep the position. Good job, 11 the benefits are huge. All of our part-timers get hired 12 and they want the job. They take the part-time job 13 hoping it'll turn into full-time. But to answer your 14 question I believe that to be true. 15 COMMISSIONER BELEW: So does that mean the 16 turnover is primarily in the part-timer getting tired of 17 waiting for a full-time job? 18 MR. DAVIS: In most instances, yes. I won't 19 say exclusively but we have a lot people come in and say 20 I've got to take something else. 21 JUDGE POLLARD: Dawn is nodding yes. 22 MRS. LANTZ: Yes. 23 COMMISSIONER BELEW: It makes sense. 24 JUDGE POLLARD: All right. Those in favor 25 of the motion signify by raising your right hand. It's 60 1 four zero, unanimous. Thank you, Jason. 2 COMMISSIONER BELEW: Good job. 3 JUDGE POLLARD: Item 1.12 consider, discuss 4 and take appropriate action to approve the Kerr County 5 property renewal questionnaire with Texas Association of 6 Counties Risk Management Pool, which will renew July 7 1st, 2017, and authorize the County Judge to sign same. 8 MRS. LANTZ: This is just our standard 9 renewal that we go through every year. And this just 10 updates all of our property schedules. Last year we had 11 an appraiser come through and look at all of our 12 properties. So everything that is on the schedule is 13 pretty well current. There are a couple things that 14 were left off that the auditor went through it, and we 15 were able to get those back on, and then a couple of 16 offices that did not have their property listed, the 17 contents of their property, which we had to get that 18 listed on the schedule as well. 19 COMMISSIONER REEVES: So you have up to date 20 and ready to go? 21 MRS. LANTZ: Yes. 22 COMMISSIONER REEVES: Move for approval and 23 submittal. 24 COMMISSIONER LETZ: Second. 25 JUDGE POLLARD: Been moved by Commissioner 61 1 Reeves, seconded by Commissioner Letz with regard to 2 item 1.12, to approve the Kerr County Property Renewal 3 Questionnaire of Texas Association of Counties Risk 4 Management Pool, which is to renew July 1st, 2017 and to 5 authorize the County Judge to sign same. Any further 6 questions or comments? 7 COMMISSIONER LETZ: Question. I think 8 didn't we have a lot of little league property a year 9 ago? 10 MRS. LANTZ: It is on the schedule as well. 11 Yes, that's -- well that was on the schedule and it's 12 still on the schedule. 13 COMMISSIONER LETZ: Okay, good. 14 JUDGE POLLARD: Any further questions? 15 There being none, those in favor of the motion signify 16 by raising your right hand. It's four zero, unanimous. 17 1.13 consider, discuss and take appropriate 18 action to approve the contract with the Hunt Volunteer 19 Fire Department and to allow the County Judge to sign 20 same. 21 If you look in your agenda package you'll 22 see that this is -- I think this is a standard contract. 23 MRS. STEBBINS: It is a standard contract, 24 yes. The one that's been in place for years. 25 JUDGE POLLARD: You looked over it? 62 1 MRS. STEBBINS: Yes. 2 COMMISSIONER REEVES: I move to approve the 3 contract and authorize the County Judge to sign. 4 COMMISSIONER BELEW: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Reeves and seconded by Commissioner Belew to renew the 7 contract with the Hunt Voluntary Fire Department and to 8 authorize the County Judge to sign same. Any further 9 questions question or comment? There being none, those 10 in favor signify by raising their right hand. It's four 11 zero, unanimous. 12 Item 1.14 consider, discuss and take 13 appropriate ation to determine whether or not to allow 14 the retail fireworks permit holders to sell fireworks to 15 the public in celebration of San Jacinto Day, pursuant 16 to the Texas Occupation Code, Section 2154.202(h). 17 MRS. STEBBINS: This is the one you may 18 approve if you're going to allow them to do it you have 19 to do it by court order and that would be for date April 20 the 16th through the 21st. 21 COMMISSIONER REEVES: And this is similar to 22 what we approved at a similar meeting on Texas 23 Independence Day that was held back in March. 24 MRS. STEBBINS: Yes, Sir. 25 COMMISSIONER REEVES: And I did notice that 63 1 one retail facility was open during that time. 2 MRS. STEBBINS: Yes, Sir. 3 JUDGE POLLARD: Any further questions or 4 comments? 5 COMMISSIONER REEVES: I move to allow the 6 fireworks during the specified times for San Jacinto 7 Day. 8 COMMISSIONER BELEW: I second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Reeves to authorize and allow the sale of fireworks to 11 the public in celebration of San Jacinto day pursuant to 12 the Texas Occupation Code, Section 2154.202(h). Is 13 there any further questions or comment. If not, those 14 in favor of the motion signify by raising their right 15 hand. It's four zero, unanimous. 16 Let's drop down to -- that takes us to 1.17, 17 which I think is a closed session item, is that correct? 18 Is there anything we need to discuss in open about it? 19 This is about the use of courthouse grounds. You want 20 to talk about it in open? 21 MRS. STEBBINS: If I may, I want to provide 22 you some legal advice on what you are able and not able 23 to do, and I'd like to do this in executive session for 24 now, and seek additional advise on any policy that you 25 want to adopt. 64 1 JUDGE POLLARD: And then as to any 2 conclusions we'd come back to an open and state any 3 conclusions we might have, okay? 4 COMMISSIONER MOSER: Yeah. I think in 5 review of this is we're looking at some of the issues 6 that we said is there anything that we can do to 7 allocate areas or time on the courthouse grounds for 8 with which we could be fair to everybody. 9 MRS. STEBBINS: Yes, Sir, absolutely. 10 COMMISSIONER MOSER: Right, right. Good 11 deal. 12 JUDGE POLLARD: All right. Then we'll 13 reserve that for right now to go to closed session. And 14 then come back into open session. 15 1.18 this is likewise, I think. Something 16 that we need to go into closed session about. 17 COMMISSIONER REEVES: Initially. And if any 18 action. Naturally. 19 JUDGE POLLARD: Come back into open session. 20 COMMISSIONER REEVES: Since it's for the 21 sale or lease of property. 22 JUDGE POLLARD: With that right now we'll go 23 ahead to item under heading approval agenda, pay the 24 bills, 4.1. 25 COMMISSIONER LETZ: I move to pay the bills, 65 1 Judge. 2 COMMISSIONER BELEW: Second. 3 JUDGE POLLARD: Was it you? Moved by 4 Commissioner Letz to pay the bills, and was it you, Mr. 5 Belew, that seconded it? 6 COMMISSIONER BELEW: Yes, Sir. 7 JUDGE POLLARD: And any further discussion 8 or comments about the bills? All right, those in favor 9 of the motion signify by raising your right hand. Four 10 zero, unanimous. 11 4.2 budget amendments, County Auditor. 12 MRS. DOSS: Yes, Sir, we have three budget 13 amendments. The first one is to set up a budget for 14 more of the insurance proceeds for the fire damage out 15 at the hail -- I mean at the jail. I was thinking of 16 hail. 17 COMMISSIONER BELEW: Rusty agrees with that. 18 With an 'E' in the middle of it. 19 MRS. DOSS: The second one is to transfer 20 some of maintenance department's budget from one line 21 item to another, from the Hill Country Youth Event 22 Center to the juvenile detention. He's running out of 23 budgeted funds in that line item. And then the third 24 one is line item for the Juvenile Detention Facility 25 budget. 66 1 COMMISSIONER LETZ: Move for approval. 2 COMMISSIONER MOSER: Second. 3 JUDGE POLLARD: Was that you? 4 COMMISSIONER LETZ: Yes. 5 JUDGE POLLARD: It was moved by Commissioner 6 Letz for approval of the budget amendments as submitted. 7 Was there a second? 8 COMMISSIONER MOSER: I did. 9 JUDGE POLLARD: Commissioner Moser. All 10 right, any further comment or questions about it? There 11 being none, those in favor signify by raising your right 12 hand. It's four zero, unanimous. 13 4.3 late bills. 14 MRS. DOSS: Yes, Sir, we have one late bill. 15 It was to TAC for the medical insurance, it was turned 16 in late. 17 COMMISSIONER REEVES: Move for approval. 18 COMMISSIONER LETZ: Second. 19 JUDGE POLLARD: Moved by Commissioner 20 Reeves, second by Commissioner Letz to approve the late 21 bills as submitted. Any questions or comments? 22 COMMISSIONER BELEW: Is there any fee 23 attached to that? 24 MRS. DOSS: No, Sir. 25 COMMISSIONER REEVES: Actually when you say 67 1 a late bill, that doesn't necessarily mean we're late on 2 paying it, it just got turned in late. 3 MRS. DOSS: Yes. It got turned in before 4 Wednesday, before we could get it in one packet, so we 5 should had to put it in a separate packet. 6 JUDGE POLLARD: Is there any further 7 discussion now or forever hold your peace. All right, 8 those in favor of the motion signify by raising your 9 right hand. It's four zero, unanimous. 10 4.4 approve and accept monthly reports. 11 Commissioner Reeves. 12 COMMISSIONER REEVES: Yes, two reports. An 13 amended report from the month of February, J.P. Precinct 14 Number 3, and County Treasurer's monthly report for 15 February. 16 Move to approve and sign as needed. There's 17 only one place and it does help Jody if we sign it 18 before we get out of here. So that's my motion. 19 COMMISSIONER MOSER: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Reeves, seconded by Commissioner Moser to accept the two 22 monthly reports as submitted and to authorize for 23 everybody to sign it before they leave here. I think 24 that was part of the motion. 25 COMMISSIONER REEVES: Yes. That was part of 68 1 the motion. 2 JUDGE POLLARD: All right. Any further 3 discussion or comment? Those in favor signify by 4 raising your right hand. 5 COMMISSIONER MOSER: I can't vote on 6 signing. 7 (Laughter.) 8 JUDGE POLLARD: Conflict of interest. It's 9 four zero, unanimous. All right. Thank you, gentlemen. 10 All right, Auditor's reports. 11 MRS. DOSS: Yes, Sir. We have one that 12 Environmental Health and Animal Services Department 13 audit, and there were very few, just two little minor 14 things that we found. 15 COMMISSIONER REEVES: And they were reported 16 in the report? 17 MRS. DOSS: Yes, Sir, and they are reported 18 in the report. Very, very minor. 19 JUDGE POLLARD: Is there a motion? 20 COMMISSIONER REEVES: Move to accept the 21 Auditor's report and audit of Environmental Health and 22 Animal Services. 23 COMMISSIONER BELEW: Second. 24 JUDGE POLLARD: Commissioner Reeves has 25 moved to accept the County Auditor's report of Animal 69 1 Health and -- who else was it? 2 COMMISSIONER REEVES: Environmental Health 3 and Animal -- 4 JUDGE POLLARD: Environmental Health and 5 Animal Service, and it was seconded by Commissioner 6 Belew. Any further discussion or questions? If not, 7 those in favor of the motion signify by raising your 8 right hands. It's four zero, unanimous. 9 Reports from Commissioners, liaison 10 committee assignments as per attachment. Anybody? 11 All right. Reports from elected officials, 12 department heads, anyone? 13 All right. 5.3 reports from boards, 14 commissions, committees, City/County joint projects or 15 operations reports, or any other reports of any kind? 16 Sheriff, you got comments on everything. 17 SHERIFF HIERHOLZER: Nope, not today. She's 18 threatened me. 19 JUDGE POLLARD: There being none, with that 20 we'll go into closed session. 21 (Executive Session.) 22 JUDGE POLLARD: All right. We're going to 23 go back into open session. Okay, we're back in open 24 session now. As to item 1.17, this is about the use of 25 the courthouse grounds. Let's just say we're at a state 70 1 of -- we're studying it right now and kind of a state of 2 flux. I'll give both Commissioner Reeves and Letz the 3 floor to talk about that a little bit. 4 COMMISSIONER REEVES: I assume all four of 5 us could talk, but what the County Attorney has drafted 6 some policies for the use of courthouse grounds, and all 7 this is doing is to establish methods for what 8 organizations can use it, specifically noncommercial 9 organizations, reserve it for other entities, we're not 10 there yet. But it by no means is intended to infringe 11 on anybody's first amendment rights. That's not even 12 what we were discussing. It was only on the 13 organizations that use it and what -- who can put their 14 garage sale here, or who can put their mop sale, 15 establishing what dates the blood mobile may be set up. 16 It was nothing to do with protest, nothing 17 to do with anybody's first amendment rights being 18 stepped on. And I'll let Commissioner Letz or somebody 19 else add to it. 20 COMMISSIONER LETZ: I think that sums it up. 21 It's more of a creating a calendar looking at doing when 22 certain events around conflicts and things of that 23 nature, but again it's nothing to -- to give everyone -- 24 to protect first amendment rights, and also recognizing 25 that we have another facility, the Hill Country Youth 71 1 Event Center that we're doing for commercial activities 2 and try to steer things in that direction and not using 3 the courthouse square for commercial or competing with 4 that. Or expanding Spectrum's, and it may be down the 5 road, being able to use the square. So we don't want -- 6 but those are policies that we're still talking about a 7 little bit, and trying to get all the wording correct. 8 COMMISSIONER MOSER: No action. 9 JUDGE POLLARD: No action at this time, that 10 the County Attorney's working on it. She's going to 11 make some more changes and it'll probably be submitted, 12 and they'll be more changes. And there's no formal -- 13 probably be a -- maybe a couple of more meetings at 14 least before we get a final thing going on. But it's 15 going to be a changing thing all the time. We are 16 working on it, though, that's a good step. Okay, 17 finally we're getting to it. 18 All right. Yes, Ma'am. 19 MS. LEITNER: So basically what you guys are 20 doing is limited only to certain organizations that can 21 use courthouse ground. Because in my particular case 22 we had another meeting with Jake about -- because he 23 wanted us to go back down there to the park, with the 24 restrictions that we were having down there, it was just 25 not working out. So are you saying that now that 72 1 commercial organization, whatever you want to use it, is 2 not allowed to use courthouse grounds? 3 COMMISSIONER LETZ: We haven't finalized the 4 policy yet, but we're leaning toward the direction 5 from -- at one point we had market days here, and things 6 have changed. That type of event, we're probably not 7 going to continue having for a number of different 8 reasons. 9 MS. LEITNER: Okay. What would those 10 reasons be if you don't mind me asking. 11 COMMISSIONER LETZ: One, we have a facility 12 at River Star and the Hill Country Youth Event Center, 13 that we're competing with ourselves and that's not in 14 the best interest of the taxpayers. The other thing is 15 I'm not sure that the courthouse square is appropriate 16 use for commercial activities. We've done it in the 17 past -- 18 MS. LEITNER: Yeah. 19 COMMISSIONER LETZ: -- but I think it's a 20 great event for the event like the blood mobile. I 21 think it's the Lion's Club does their annual mop sale 22 out there. Those are one-time small things, I think 23 that's a good use of that, but I think for a large 24 commercial -- not necessarily large, but commercial to 25 use it at no cost as we've done in the past just is not 73 1 a good use of this facility. 2 MS. LEITNER: So what you're saying is Kerr 3 County would rather lose an event instead of allowing it 4 at a different location? 5 COMMISSIONER MOSER: I think what we're 6 saying is we'd like to encourage commercial use at the 7 other things. 8 MS. LEITNER: Well, we already went through 9 that, and it's not working out because -- I mean because 10 of the way it is being managed out there, and I mean I 11 don't want to go into details what all happened down 12 there, but I mean it was very mis favorable towards our 13 event. 14 JUDGE POLLARD: We can't compete with 15 ourselves. We got this agreement with Spectrum, and 16 that's -- that's a commercial thing and we can't do 17 things that would compete with them. We're going to 18 discourage that kind of thing, commercial thing. 19 MS. LEITNER: Okay. 20 COMMISSIONER LETZ: And I'll be glad to meet 21 with you, and Mr. Reeves as well, and Jake, to work it 22 out because I'm somewhat familiar with the situation 23 you're referring to previously. 24 MS. LEITNER: I think you were only informed 25 one sided. 74 1 COMMISSIONER LETZ: And as I said, I'm aware 2 basically of the thing. I'd be glad to meet with you 3 and Jake and work things out. We would love to your 4 event out there. I think it's a good event. It's a 5 good event for the County. I don't think this is the 6 best location, and I certainly would steer it out toward 7 River Star or I think where you had it before or 8 somewhere in that area on that facility, I think it 9 would work. And I'd be glad to, you know -- you and me 10 and Jake could work on that. 11 MS. LEITNER: Okay. I mean I'm open. But 12 we just had a meeting with Jake a few weeks ago, and 13 like I said I mean for our event, it was essential of 14 having the parking lot. And actually I mean the reason 15 why we quit having it because we were restricted so many 16 times, even though it was in our contract, that we have 17 the right to the parking lot. We might have to share 18 the parking lot for the purposes of parking for another 19 event, but it was taking away from us, more than once. 20 So we decided it's not feasible for us. And I mean, you 21 know how it is, parking for customers is the most 22 important thing. And because the other thing is, too, 23 moving the parking for our customers down there for 24 example to Flat Rock is not an option because 25 unfortunately the majority of people don't want to walk 75 1 that far. Either they don't want to or they are not 2 capable. And so I mean that was -- that was a big issue 3 for us, and that was the number one point when we first 4 started doing the event down there, that we would have 5 that right. And so I mean, we -- the parking lot was 6 taken away from us for example, for functions that were 7 scheduled for 6:30 the same day like on a Saturday 8 during the evening, even though our event was over at 9 five, our people were not allowed in the parking lot at 10 two o'clock again. It doesn't make no sense -- 11 JUDGE POLLARD: Ma'am, let me interrupt for 12 a minute. I think this is the wrong forum. He's 13 offering to try to do something with you. We need to 14 move on this thing right now. 15 COMMISSIONER LETZ: You know where I am. 16 Just give me a call and we'll meet out there. 17 MS. LEITNER: I mean, I can -- I leave you 18 my phone number and we can communicate and figure it 19 out. 20 COMMISSIONER LETZ: Okay. Good. 21 MS. LEITNER: Okay, thank you. 22 JUDGE POLLARD: Okay. Any comments or 23 questions about that particular thing? The other item 24 was the lease of the County owned -- sale or lease of 25 County owned property and there's been no decision made 76 1 about that at all. We're just considering possibilities 2 in there, or even kind of remote possibilities right now 3 at this point, speculative, let's put it that way. Not 4 anything we can ask discuss about that at this time. 5 All right. Is there anything else, any 6 other business for this Commissioners' Court? If there 7 isn't any, we are adjourned. Thank you very much. 8 * * * * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 77 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 6th day of April, A.D. 2017. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 12/31/2018 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25