1 1 2 KERR COUNTY COMMISSIONERS' COURT 3 Regular Session 4 Monday, April 10, 2017 5 9:00 a.m. 6 Commissioners' Courtroom 7 Kerr County Courthouse 8 Kerrville, Texas 78028 9 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. 5 4 1.1 Consider, discuss and take appropriate 7 action for the Court to accept the 5 Surveillance System purchase Agreement from Hill Country Telecommunications, 6 L.L.C. and authorize County Judge to sign same, Pct. 1, 2, 3, and 4. 7 1.2 Consider, discuss and take appropriate 10 8 action for the Court to waive platting oversight and approval for 50.64 acres 9 out of the Thomas L. Waddel Survey No. 145, Abstract No. 354, Pct. 1. 10 1.3 Consider, discuss and take appropriate 17 11 action for the Court to approve a revision of plat for Verde Park Estates Section 2, 12 Lot 14, Volume 5, page 235, Pct. 2. 13 1.4 Consider, discuss and take appropriate 20 action for the Court to accept the Alternate 14 Plat for Jack & Rhonda's Place, Pct. 2. 15 1.5 Consider, discuss and take appropriate 22 action on request from Kerr 911 to approve 16 an amendment to their Capital Budget. 17 1.6 Consider, discuss and take appropriate 27 action to approve a Proclamation to declare 18 May 4, 2017, "National Day of Prayer". 19 1.7 Consider, discuss and take appropriate 29 action regarding various requests related 20 to the hot air balloon event being held at the Hill Country Youth Event Center on June 21 2nd and 3rd, 2017. 22 1.8 Consider, discuss and take appropriate 35 action to close River Road from May 29, 23 2017 to June 4, 2017 for setup and takedown of the hot air balloon event at the Hill 24 Country Youth Event Center. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 37 action on revision of the Kerr County 4 Juvenile Detention Facility Policy and Procedure Manual. 5 1.10 Consider, discuss and take appropriate 38 6 action on approval of contract between the Juvenile Detention Facility and Travis 7 and Ward Counties Juvenile Probation Department, and authorize the Judge to 8 sign the same. 9 1.11 Consider, discuss and take appropriate 41 action on approval of a Memorandum of 10 Understanding with Hill Country MHDD and authorize the County Judge to sign the same. 11 1.12 Consider, discuss and take appropriate 43 12 action on the 2017-2018 Agreement between the Kerrville Independent School District 13 and the Kerr County Juvenile Facility and authorize the County Judge to sign the same. 14 1.13 Consider, discuss and take appropriate 45 15 action to determine additional costs to add Kerr County Juvenile Detention Facility 16 Network upgrades for EvidenceMedia and future growth. 17 1.14 Consider, discuss and take appropriate 52 18 action on workshop and budget schedule. 19 1.15 Consider, discuss and take appropriate 60 action to approve letter to FEMA concerning 20 the proposed CLOMR submitted by the City of Kerrville as it relates to the flood plain 21 along Second and Third Creek. 22 1.16 Consider, discuss and take appropriate 66 action to appoint Amanda Calderon as a 23 member of the Kerr County Child Services Board. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.17 Consider, discuss and take appropriate 66 action to determine whether to allow the 4 retail fireworks permit holders to sell fireworks to the public beginning May 1, 5 2017 and ending at midnight May 5, 2017 in celebration of Cinco De Mayo, pursuant 6 to Texas Occupations Code, Section 2154.202(g)(3). 7 1.18 Consider, discuss and take appropriate 68 8 action on Mass Gathering Permit for the Kerrville Folk Festival Foundation, Inc. 9 dba Kerrville Folk Festival. 10 1.19 Consider, discuss and take appropriate 71 action to approve LexisNexis Agreement 11 for State/Local Government contract and authorize the County Judge to sign same. 12 4.1 Pay bills. 73 13 4.2 Budget Amendments. 73 14 4.3 Late Bills. 75 15 4.4 Approve and accept Monthly Reports. 75 16 1.14 Consider, discuss and take appropriate 76 17 action on workshop and budget schedule. 18 *** Adjournment. 80 19 *** Reporter's Certificate. 81 20 * * * * * * 21 22 23 24 25 5 1 JUDGE POLLARD: All right. It's April the 2 10th, 2017, it's now 9 a.m., the Kerr County 3 Commissioners' Court is in session, and at this time 4 we'll start with a prayer and pledge of allegiance by 5 Commissioner Letz. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE POLLARD: All right. This is the part 8 of the proceeding that the public can speak on something 9 that is not on the agenda. So far I've got no forms 10 indicating people that want to speak on something not on 11 the agenda. I can get some forms about people wanting 12 to speak on a certain item and we'll allow them to speak 13 on that item when we get to it. But is there anyone 14 wishing to speak on something that is not on the agenda, 15 and if so please identify yourself, come up to the 16 podium, state your name, address, and limit yourself to 17 three minutes, please. Is there anyone? 18 There being no one, we'll go to the next 19 item on the agenda, which is comments from commissioners 20 and for the County Judge to use this time to recognize 21 achievements of persons in their precinct or make 22 comments not listed on the regular agenda. We'll start 23 with Precinct 1. 24 COMMISSIONER BELEW: Well, I had a new 25 grandson born yesterday in Precinct 1, so a new 6 1 potential voter, and a little Isaac Belew is coming into 2 the world now. All I have to report I think. 3 COMMISSIONER MOSER: Tell them which number 4 that was. 5 COMMISSIONER BELEW: Number 12. 6 JUDGE POLLARD: Okay. Congratulations. 7 COMMISSIONER MOSER: Got a football team and 8 one on the bench. 9 I'd like to -- Dub Thomas is not here, but 10 Dub is doing something that I think this entire County 11 needs, and he and the emergency management coordinator 12 for the City, Roger Lampman, is going to have an end to 13 end simulation on April the 26th of a simulated truck 14 crash with ammonium hydroxide -- 15 COMMISSIONER BELEW: Hazardous chemicals. 16 COMMISSIONER MOSER: Hazardous chemicals, 17 yeah, there you go, thank you. But it's going to 18 involve the City, and the thing is, I'm a big believer 19 in end to end simulations. And we tried to do this 20 before Dub got on board, and it was not to this extent. 21 So my hat's off to Dub and to the City, and emergency 22 management coordinator. So good activity, it's going to 23 be a good simulation. Be sure and read about it in the 24 paper, okay. 25 JUDGE POLLARD: That it? 7 1 COMMISSIONER MOSER: That's it. 2 JUDGE POLLARD: He's a get her done type of 3 guy and we really appreciate him, having him on board. 4 I'd like to take just a minute as a result 5 of my wife's death earlier -- well last month, there was 6 really a lot of support from the community, throughout 7 the County, and I just want to thank everybody. I just 8 can't believe we got a stack of cards about that high, 9 and I really appreciate everybody's support and thoughts 10 and prayers. Now, do you have anything? 11 COMMISSIONER LETZ: I don't believe so. 12 JUDGE POLLARD: All right. We got enough 13 flowers to start a flower shop, I'm pretty sure. About 14 half of them are pot plants, and I've repotted them. 15 I'm not a horticulturist-type guy, but I'm trying to 16 keep them alive, all over the deck, and all over the 17 back porch. Man, I'm trying to learn how to do this, 18 forcibly here. Once again, thank y'all very much. All 19 right. 20 COMMISSIONER REEVES: I have nothing this 21 morning, Judge. 22 JUDGE POLLARD: Okay, thank you. We'll go 23 to item 1.1 on the agenda. Consider, discuss and take 24 appropriate action for the Court to accept a 25 surveillance system purchase agreement from Hill Country 8 1 Telecommunications, LLC, and authorize the County Judge 2 to sign same. This is in all precincts. Kelly Hoffer. 3 MS. HOFFER: We came to Commissioners' Court 4 on February 13th, 2017 to seek approval from the Court 5 to install security cameras at all Road & Bridge yards, 6 the Kerrville yard, Center Point and Ingram yard. The 7 Court granted us approval to install the cameras at the 8 three locations and the Court order number 35992. We 9 had the County Attorney review the agreement and would 10 like for the Court to accept the surveillance system 11 purchase agreement from Hill Country Telecommunications, 12 L.L.C. and have the County Judge sign the same. That 13 being in Precinct 1, 2, 3, and 4. 14 JUDGE POLLARD: She said she approved it, 15 too. 16 MS. HOFFER: Yes. 17 JUDGE POLLARD: And she approved it, which 18 is the important thing. 19 MS. HOFFER: Yes, Sir. 20 JUDGE POLLARD: Any further discussion, 21 comment? 22 COMMISSIONER LETZ: Total amount being -- 23 MS. HOFFER: $3,787.53. When I came to the 24 Court it was, I think, like 41 or 42 hundred, and they 25 had, I think, tax included in that, and since we're tax 9 1 exempt that was taken out, so it actually is less than 2 the amount that the Court told us we could not exceed, 3 so -- 4 JUDGE POLLARD: We like that. That doesn't 5 happen very often. 6 MS. HOFFER: Yes, Sir. 7 COMMISSIONER MOSER: Did they say anything 8 about the maintenance, or is there any -- what's the 9 plan on maintaining the system? 10 MS. HOFFER: On the maintenance on it, we 11 are buying the system outright from them; we are not 12 renting it from them. They can come and do repairs on 13 the system, but I don't know if we actually did sign up 14 for a maintenance agreement on -- as I said we are 15 buying the equipment outright. 16 COMMISSIONER MOSER: In other words you 17 don't have any expertise necessarily -- 18 MS. HOFFER: Yeah. 19 COMMISSIONER MOSER: -- to maintain it. 20 MS. HOFFER: Yeah. 21 COMMISSIONER MOSER: So the idea would be to 22 if it goes out call somebody. 23 MS. HOFFER: Yeah. 24 COMMISSIONER BELEW: Call John. 25 COMMISSIONER MOSER: Call John. Yeah, John 10 1 could probably do it. 2 COMMISSIONER LETZ: Move for approval of the 3 agenda item. 4 COMMISSIONER BELEW: Second. 5 COMMISSIONER REEVES: And that's to 6 authorize the Judge to sign same? 7 COMMISSIONER LETZ: Yes. 8 JUDGE POLLARD: Been moved by Commissioner 9 Letz, seconded by Commissioner Belew to accept the 10 surveillance system purchase agreement from Hill Country 11 Telecommunications, L.L.C., and authorize the County 12 Judge to sign same. Is there any further comment, 13 question? There being none, those in favor of the 14 motion signify by raising your right hands. It's four 15 zero, unanimous. Thank you. 16 MS. HOFFER: Thank you. 17 JUDGE POLLARD: Item 1.2 consider, discuss 18 and take appropriate action for the Court to waive the 19 platting oversight and approval of 50.64 acres out of 20 the Thomas L. Waddel survey number 145, abstract number 21 354. This is located in Precinct 1, Mr. Hastings. 22 MR. HASTINGS: Thank you. Attached in your 23 packet is a survey plat for 50.64 acres, out of the 24 Thomas L. Waddel survey number 145, abstract number 354, 25 prepared by Voelkel Land Surveying. The property is 11 1 bounded by Southway Drive and Rim Rock, so it's in that 2 vicinity. It's immediately adjacent to the city limits 3 for Kerrville, it's in their ETJ, their extra 4 territorial jurisdiction, and it is surrounded by high 5 density development. The property has access to a water 6 system, individual water wells, and OSSF. Typically 7 property that's located in the ETJ for Kerrville is 8 platted through both Kerrville and Kerr County 9 simultaneously; however in an effort to be more 10 efficient and save owner dollars, there is a request to 11 only plat this property through Kerrville and for the 12 Court to waive their right to oversight and approval of 13 the plat. 14 The County Engineer requests the Court 15 consider, discuss and take appropriate action for the 16 Court to waive platting oversight and approval for 50.64 17 acres out of Thomas L. Waddel survey number 145, 18 abstract number 354, Precinct 1. And it's bounded by 19 Southway Drive and Rim Rock. 20 JUDGE POLLARD: I object to your 21 pronunciation of Waddel. You pronounced it this last 22 time as waddle(phonetic). That is happens to be my 23 middle name, and I really got it in high school. And 24 it's Waddel; not waddle(phonetic). 25 (Laughter.) 12 1 MR. HASTINGS: Waddel. 2 JUDGE POLLARD: Okay, as corrected. All 3 right. 4 COMMISSIONER MOSER: And Charlie, what's the 5 purpose of waiving? 6 MR. HASTINGS: It would be just to make this 7 mother efficient as opposed to them sending the plat 8 through both the City and the County. 9 COMMISSIONER LETZ: I can probably shed some 10 light, or Harley, do you want to start, or do you want 11 me to start? 12 COMMISSIONER BELEW: You start, Jonathan. 13 COMMISSIONER LETZ: The State law under -- 14 requires the cities and counties to come up with a joint 15 way to plat in the ETJ, and it can be our rules, their 16 rules or some kind of a hybrid. For the last over ten 17 years we have never been able to come to an agreement 18 with the City on how that should be done. It has never 19 been much of an issue because the last ten years there 20 have been very little development in the ETJ, but this 21 is one that's probably going to take, you know, they are 22 going to do some development. It's a pretty large 23 tract. And Harley and myself met with the 24 representatives of the -- well the Voelkel's, and you 25 know as long as they're not laying out roads the rest of 13 1 this is all -- we're fine. They're going to do it the 2 same way we are pretty much. The rules are pretty 3 standard except for a few things in the road area. And 4 as long as there is no intent to lay out any road as far 5 as we're aware of right now. So Harley and myself and 6 Charlie just figure it's a little easier. There's no 7 reason to require developer or property owner to spend a 8 bunch of extra money platting with both of us, you know. 9 The City and the County have not been able 10 to come to an agreement. I've talked to the Mayor about 11 this several months ago, and -- but we need to fix this. 12 But it was thought at the time that it's best to wait 13 for a new City Manager to be on board which will be May 14 first, and let him get up to speed a little bit, and 15 then try to solve this problem, because it does need to 16 be solved. 17 COMMISSIONER MOSER: Are their platting 18 requirements more stringent than our's? 19 COMMISSIONER LETZ: No, not necessarily, 20 they're just different. And the biggest -- I mean the 21 issue comes up the philosophically once more as you get 22 further, further into the rural areas. They have some 23 requirements that don't make a lot of sense. I believe 24 that they -- I've looked at them. I understand they've 25 change their rules so it may be easier to come to an 14 1 agreement now, and there's certainly a lot of different 2 members on City Council than there was. 3 JUDGE POLLARD: Are you saying approve this 4 now and then get this in project -- 5 COMMISSIONER LETZ: I'm saying in the 6 interim, I think that is appropriate for the County to 7 look at it on a case by case, and waive our jurisdiction 8 on a case by case basis just to try to, you know, during 9 this interim period, and if there's something that we 10 need to really be involved with we'll work with the City 11 on. But here's one and I believe there's another one 12 out on Goat Creek with the very similar situation, and 13 I'd recommend we waive those as well. 14 So I think we look at those case by case and 15 give the city and county six months or so to solve this 16 problem. 17 COMMISSIONER BELEW: What's another six 18 months after ten years. 19 COMMISSIONER LETZ: And I think we have a 20 method in the interim to move toward. 21 COMMISSIONER REEVES: And from what you're 22 saying, Commissioner, they're not going to be or it's 23 not anticipated that they're going to put roads in, so 24 it would not be like they'll be additional 25 infrastructure in these -- on these divided lots that 15 1 would -- 2 COMMISSIONER LETZ: Right. 3 COMMISSIONER REEVES: And on a case by case 4 basis, I think that's a very good way to handle it. 5 COMMISSIONER BELEW: I agree. 6 COMMISSIONER LETZ: Charlie, the only 7 question I have is you think that we should limit it to 8 if no roads are being laid out in the subdivision on 9 this one, or what if they do choose to lay out a road, 10 which they may? 11 MR. HASTINGS: I think for now, like you 12 said, in the absence of an agreement between the City 13 and the County, we need to look at them on a case by 14 case, and if there is not infrastructure improvements, I 15 think it -- we need, you know, maybe a push from whoever 16 the Commissioner is for their precinct. They may say no 17 I really want this to go, and we just bring them to 18 y'all on a case by case basis. But the big issue like 19 you said if there's infrastructure improvements and if 20 those get done under City, and the City inspects it and 21 the City looks at everything, and then we are expected 22 to maintain that road later, that's going to be a 23 problem for us. We're going to definitely want to look 24 at those hard. 25 COMMISSIONER MOSER: So they could do that 16 1 before they approve a plat, hu? They could put 2 infrastructure in there and we'd never know it? 3 MR. HASTINGS: Right, if we waived our right 4 to review. 5 COMMISSIONER MOSER: So that's what the 6 issue is right now for the Court to waive their right. 7 COMMISSIONER LETZ: But we can waive the 8 right and instruction no infrastructure being installed. 9 COMMISSIONER MOSER: Yeah, that'd be good. 10 JUDGE POLLARD: What? 11 COMMISSIONER LETZ: Instruction with no 12 infrastructure being installed on this particular tract. 13 MR. HASTINGS: Their intent and plan is to 14 subdivide this in a way that these -- all the property 15 is already fronting on existing roads, and they don't 16 have to build anything, they're just moving lot lines. 17 COMMISSIONER MOSER: Can you just put that 18 constraint on there that would be good great. Good. 19 JUDGE POLLARD: Is that a motion? 20 COMMISSIONER BELEW: The motion is to put 21 that caveat in there -- 22 COMMISSIONER MOSER: Right. 23 COMMISSIONER BELEW: -- and leave the rest 24 in place. 25 COMMISSIONER LETZ: Right. I'll second. 17 1 JUDGE POLLARD: All right. It's been moved 2 by Commissioner Belew, seconded by Commissioner Letz to 3 waive platting oversight and approval for the 50.64 4 acres out of the Thomas L. Waddel Survey number 145, 5 Abstract number 354, located in Precinct 1, subject 6 however to a caveat as Commissioner Belew called it, 7 that there will be no improvements out there made. Is 8 that correct? 9 COMMISSIONER LETZ: Infrastructure. 10 COMMISSIONER BELEW: Infrastructure. 11 JUDGE POLLARD: Is that a correct statement 12 of the motion? 13 COMMISSIONER LETZ: Yes. 14 JUDGE POLLARD: All right, is there any 15 further discussion or comment on the motion? There 16 being none, those in favor of the motion signify by 17 raising your right hands. It's four zero, unanimous. 18 Thank you. 19 MR. HASTINGS: Thank you. 20 JUDGE POLLARD: And congratulations to Mr. 21 Voelkel. 22 MR. VOELKEL: Thank you. 23 JUDGE POLLARD: Item 1.3 consider, discuss 24 and take appropriate action for the Court to approve a 25 revision of plat for Verde Park Estates Section 2, Lot 18 1 14, Volume 5, page 235 in Precinct, Charlie Hastings. 2 MR. HASTINGS: Thank you. This particular 3 subdivision has a lot of history, bear with me, I'm 4 going to go through this. This Court several members 5 have seen and been involved in much of this. 6 Verde Park Estates Section II, Lot 14 was 7 divided without the proper platting process per the 8 history that I'm going to go through. In 2003 a portion 9 of Lot 14, 2.962 acres, Verde Park Estates Section II 10 was sold to Miguel Caldera. In 2010, Lot 14, including 11 by error, the portion already owned by Caldera was then 12 sold to Jimmy Stout. In 2013 Caldera and Stout reached 13 a settlement and release agreement whereby the property 14 would be divided properly through the revision of plat 15 process. 16 In 2014 Jimmy Stout in an effort to fix the 17 error of dual ownership for 0.66 acres prepared and 18 presented a concept plan to the Kerr County 19 Commissioners' Court to revise Lot 14 into 14A, 2.21 20 acres and 14B, 0.66 acres. The Court approved the 21 concept plan held a public hearing on April 14th, 2014 22 at 9 a.m. for the revision of plat. 23 In 2014 the revision of plat was ready for 24 signatures from Stout and Caldera, but unfortunately 25 Stout was unable to sign. The revision of plat awaits 19 1 signatures. Until the proper division of property has 2 been finalized neither lot can obtain septic permits due 3 to the previous division of property by not following 4 proper platting procedure. 5 2016, just last year, it was ordered that 6 the United States Marshals Service seize and take 7 custody and control of the subject 2.962 acres, save and 8 except the 0.66 acres owned by Caldera. 9 All that to say that we do have a plat 10 before you now that has been prepared for signature by 11 both the U.S. Marshal Service and Caldera, they both 12 signed. We've already had a public hearing on this in 13 2014, nothing has changed since then, and the lots are 14 served by water -- a water system and OSSF, and the 15 County Engineer requests that the Court approve the 16 revision of plat for Verde Park Estates Section II, Lot 17 14, volume 5, page 235, Precinct 2. 18 COMMISSIONER MOSER: So move. 19 COMMISSIONER BELEW: Second. 20 COMMISSIONER LETZ: Second. 21 JUDGE POLLARD: Did you say second? 22 COMMISSIONER LETZ: I did. 23 JUDGE POLLARD: You want to take it, or 24 Harley, you want to do it? 25 COMMISSIONER BELEW: Doesn't matter to me. 20 1 JUDGE POLLARD: Somebody. How about Letz. 2 COMMISSIONER LETZ: Okay. You do the next 3 one. 4 JUDGE POLLARD: All right, been moved by 5 Commissioner Moser and seconded by Commissioner Letz to 6 approve the plat for Verde Park Estates Section II, Lot 7 14, in volume 5, page 235, I guess official public 8 records of Kerr County, Texas, as previously stated, 9 located in Precinct Number 2. Is there any further 10 discussion or comment about this? All right, there 11 being no comment or further comment, those in favor of 12 the motion signify by raising their right hands. It is 13 four zero, unanimous. 14 Item 1.4 consider, discuss and take 15 appropriate action for the Court to accept the alternate 16 plat for Jack & Rhonda's Place, which is situated in 17 Precinct 2. 18 MR. HASTINGS: Owners-developers Jack Hall 19 and Barnard Dodson originally submitted a concept plan 20 proposing three lots, which was presented to the Court 21 on October 11th, 2016; however, this alternate plat that 22 you have in front of you creates two lots, lot 1 of 1.44 23 acres, and lot 2 0.57 acres out of 2.01 acre unplatted 24 tract owned by D. Barnard and Alandra Dodson. 25 The property is located in a high density 21 1 development area in Center Point at the intersection of 2 Wyatt and FM 480. Both lots of outside the special 3 flood hazard area, and both lots will be served by 4 central water system. The developer is proposing lot 1, 5 1.44 acres to remain residential and on an existing 6 septic system. Lot 2, 0.57 acres, will be for 7 commercial use and will temporarily use an existing 8 septic system, but must tie into the central sewer 9 system when it's available over the next few years. 10 Minimum lot size is 1 acre if using an 11 onsite septic facility, 0.25 acres if it's served by a 12 central sanitary sewer system, so that half acre 13 commercial lot we can go as low as .25 acres. And the 14 maximum number of lots for this tract is 1, but on a 15 case by case basis whenever you have commercial you can 16 go before the Court, and the concept plan was previously 17 approved by y'all last year. 18 County Engineer requests the Court accept 19 the alternate plat for Jack & Rhonda's Place, Precinct 20 2. 21 COMMISSIONER MOSER: May I just comment on 22 this. This has been in work since last October, and 23 it's been a lot of -- a lot of hard work by a lot of 24 people and it's drug out for a long time. So anyway, I 25 move for approval as recommended by the County Engineer. 22 1 JUDGE POLLARD: Is there a second? 2 COMMISSIONER LETZ: Second. 3 COMMISSIONER BELEW: Second. 4 COMMISSIONER LETZ: You gotta be quicker. 5 COMMISSIONER BELEW: I'm just messing with 6 you. 7 JUDGE POLLARD: Moved by Commissioner Moser, 8 seconded by Commissioner Belew to accept the alternate 9 plat for Jack & Rhonda's Place as submitted. This tract 10 is located in Precinct Number 2. Is there any further 11 discussion or comment? There being none, those in favor 12 of the motion signify by raising your right hand. Thank 13 you. It's four zero, unanimous. Thank you very much. 14 COMMISSIONER MOSER: Thank you, Jack and 15 Rhonda. Got across the goal line. 16 JUDGE POLLARD: Item 1.5 consider, discuss 17 and take appropriate action on request from Kerr 911 18 Board, I guess, to approve an amendment to their capital 19 budget. Mr. Del Toro. 20 MR. DEL TORO: Good morning, Judge. Good 21 morning, Commissioners. County Attorney, thank you for 22 your input on the question of -- 23 MRS. STEBBINS: You're welcome. 24 MR. DEL TORO: -- on the Health and Safety 25 Code. At this time, I'm here before you to request 23 1 approval of our capital budget amendment for fiscal year 2 2017, requesting a budget line item to be added in the 3 amount of two hundred thousand dollars. This line item 4 will be to fund the purchase of piece of property that 5 Kerr 911 has deemed that a future project, a facility 6 will be built upon this land. We're are looking at 7 administrative offices for 911 as well as emergency 8 operation center and a backup dispatch center to serve 9 the entire community. 10 The cost of the land, like I said, the 11 budget request is two hundred thousand at this time 12 just for the land. The proposed future growth will 13 happen probably starting next year, and looking at the 14 cost of that facility and the equipment we're estimating 15 right now rough estimates of two million dollars to get 16 this building up and running, and we are looking at the 17 Federal, State and local grants to fund this. We do not 18 want to increase our tax rate to fund this. If it looks 19 like that will be the case, we will not do it. We will 20 want to not load the taxpayer down anymore than we have 21 to. 22 COMMISSIONER MOSER: A couple observations 23 that Commissioner Belew and myself with Dub Thomas met 24 with Mark the other day to go through this. It's a very 25 solid plan and what he's doing is asking for a budget 24 1 amendment here, it's all within the budget to look at 2 some future things of perhaps building a building, and 3 the attributes and the advantages that it could have is 4 the backup emergency operations center, but that's a 5 future -- 6 MR. DEL TORO: Yes, Sir. 7 COMMISSIONER MOSER: -- discussion. So I 8 think it's very solid. I think that Mark and his team 9 have done everything that they've done in the past of 10 being very responsible for their budget, and this would 11 be a good move, so I move for approval of his 12 recommendation for a budget amendment of two hundred 13 thousand dollars, is that right? 14 MR. DEL TORO: Yes, Sir. 15 COMMISSIONER MOSER: Create a new line item. 16 MR. DEL TORO: Yes, Sir. 17 COMMISSIONER REEVES: I'll second, and I'd 18 like to make a couple comments. First, your funding, 19 just for the record, comes from a tax on phone lines, 20 correct? 21 MR. DEL TORO: That's correct. It's a 22 telephone surcharge. Our rate currently is 50 cents per 23 month. 24 COMMISSIONER REEVES: And there was a 25 discussion why are you coming here. The County Attorney 25 1 presented it because it's the law, because -- 2 MR. DEL TORO: Yes, Sir. 3 COMMISSIONER REEVES: -- that's why you come 4 to us because of your budget, and it's required by the 5 entities that approve your budget, correct? 6 MR. DEL TORO: It is. It's in accordance 7 with the Health and Safety Code. That way we're just 8 not running on our own. We do have some oversight by 9 our jurisdiction as well. 10 COMMISSIONER REEVES: Thank you. 11 JUDGE POLLARD: Any further comment or 12 discussion? It was moved by Commissioner Moser, 13 seconded by Commissioner Reeves to approve the budget 14 amendment requested by the 911 Board. That amendment is 15 to their capital budget. Is there any further 16 discussion or question? 17 COMMISSIONER BELEW: Well, I have one 18 question on the grants -- 19 MR. DEL TORO: Yes, Sir. 20 COMMISSIONER BELEW: -- that you were 21 talking about, Mark. Is there a timeline on that? Is 22 there a certain date by which you will know if you got 23 it? 24 MR. DEL TORO: Not at this time. Once we 25 secure this property and we know that it's going to be 26 1 Kerr 911 property we will then move to the next phase 2 and get the design completed. That way we're able to 3 nail down a number and we can go from that point and 4 start chasing those grant dollars down. 5 COMMISSIONER BELEW: This is not something 6 where there's a certain window of time? 7 MR. DEL TORO: No, Sir. 8 COMMISSIONER BELEW: You can apply any time. 9 That's all I have. 10 JUDGE POLLARD: All right. I'm just 11 wondering, would it be appropriate to add to the motion 12 that it's contingent upon the fact if they don't do it 13 they won't approve -- 14 COMMISSIONER MOSER: Don't need it. 15 JUDGE POLLARD: Don't need it. All right. 16 Those in favor of the motion signify by raising their 17 right hands. It's four zero, unanimous. Thank you Mr. 18 Del Toro. 19 MR. DEL TORO: Thank you. I have one small 20 item that takes no action for the Court. This week is 21 National Public Safety telecommunicators week to 22 recognize the dispatchers across the nation, and I would 23 just like to recognize our local dispatchers. And we 24 have some fine first responders here in this community. 25 But they truly are the first, first responders. They 27 1 generally are heard but never seen, and these people do 2 a fantastic job. I just want to tell them thank you 3 very much. 4 JUDGE POLLARD: All right. Thank you. I 5 don't think we can do a Resolution on that because 6 that's not on the agenda, okay. 7 MR. DEL TORO: And it's going to force the 8 Sheriff to be nice to his dispatchers for the week. 9 SHERIFF HIERHOLZER: No. 10 (Laughter.) 11 JUDGE POLLARD: Item 1.6 consider, discuss 12 and take appropriate action to approve proclamation to 13 declare May 4, 2017 National Day of Prayer. Mr. 14 Danielson. 15 MR. DANIELSON: Yes, Sir. Just coming to 16 ask you again for your participation with us as we host 17 the national day of prayer event May 4th, first Thursday 18 of the month out at the -- under the flag pole at the 19 courthouse steps and again invite all of y'all to be 20 part of it. In the years past you've blessed up by 21 providing us chairs and provided us access to 22 electricity so we can bring in a sound system to handle 23 that event. It's a noontime prayer meeting open to the 24 public, and again we'd love to have y'all there, and 25 appreciate your participation in years past. 28 1 COMMISSIONER MOSER: Going to be at noon. 2 MR. DANIELSON: Yes, Sir. 3 COMMISSIONER REEVES: Always look forward to 4 it, unfortunately I'll be out of town, but I'll find one 5 someplace to attend. 6 MR. DANIELSON: There you go. 7 JUDGE POLLARD: I did get an e-mail from a 8 Chris Distel, D-I-S-T-E-L, opposing this. Is he here to 9 speak on the issue, or anyone else here wanting to speak 10 on this issue? All right, there being no one, is there 11 a motion? 12 COMMISSIONER BELEW: I make a motion. 13 COMMISSIONER LETZ: You got it. 14 JUDGE POLLARD: Okay. Commissioner Belew 15 makes the motion to approve the use of courthouse 16 grounds for a proclamation to declare May 4th, 2017 17 National Day of Prayer. 18 COMMISSIONER LETZ: Second. 19 JUDGE POLLARD: And seconded by Commissioner 20 Letz. Any further discussion or comment? There being 21 none, those in favor of the motion signify by raising 22 your right hand. It's four zero, unanimous. Thank you. 23 MR. DANIELSON: As you've done that in the 24 past, again if any of you are available to come and be 25 active as it begins we'll make a spot at the time you 29 1 read the proclamation and those of you there sign it, 2 and it's an important community support thing, we 3 appreciate you. 4 COMMISSIONER MOSER: Yes, thank you for 5 doing that. 6 MR. DANIELSON: Thanks so much, yeah. 7 JUDGE POLLARD: Item 1.7 consider, discuss 8 and take appropriate action regarding various requests 9 related to the hot air balloon event being held at the 10 Hill Country Youth Event Center on June 2nd and 3rd, 11 2017. Various requests, that's pretty broad. 12 MR. WILLIAMSON: Yes, Sir. Good morning, 13 Your Honor, Commissioners. Today, the various requests 14 include two items. You'll see before you an estimate 15 for the cost of building a footpath from Riverside Drive 16 to Flat Rock Park. This area is at the back gate that I 17 learned about last Commissioners' Court. We surveyed 18 the area, Commissioner Reeves and Kelly was also there. 19 As it's a great area it opens up the use of the 20 fairgrounds parking lot for this balloon festival; 21 however, it's not currently safe for foot traffic, 22 strollers, things like that, so we took a look at it. 23 This is the estimated cost to build a pathway from that 24 access gate area down to Flat Rock Park to use for the 25 balloon festival. Are there questions on that? 30 1 COMMISSIONER BELEW: There's nothing on here 2 about labor. Who's doing it? 3 MR. WILLIAMSON: This is through Road & 4 Bridge. 5 COMMISSIONER BELEW: Oh, it's Kelly. 6 MR. WILLIAMSON: Yeah. So this would be 7 included in -- 8 COMMISSIONER BELEW: She'll be out there all 9 by herself, won't she? 10 JUDGE POLLARD: Did you approve all these 11 figures and the material, all of that, Kelly? 12 MS. HOFFER: Yes, Sir. Yes, Sir. 13 COMMISSIONER MOSER: And this comes out of 14 where in the budget? 15 MS. HOFFER: Thought it was the parts line 16 item. I think Vicki had sent information on it. 17 COMMISSIONER REEVES: You said we have 18 several options. 19 MRS. DOSS: We have some options, there is 20 some money in the 2014 capital project budget, I believe 21 there's about 53 thousand dollars for park. Or we could 22 put it in-- we actually have a fund called parks, fund 23 31. And we don't have enough in one line item, but we 24 could do some budget transfers so we would have enough. 25 COMMISSIONER MOSER: I would suggest you 31 1 take it out of capital. What did you say 53 thousand? 2 MRS. DOSS: Yes, Sir. 3 JUDGE POLLARD: Well, it is a capital 4 investment. 5 COMMISSIONER MOSER: It is a capital 6 investment, sure, right. 7 MRS. DOSS: It is a capital investment. 8 MR. WILLIAMSON: It would be a great 9 improvement to that area. 10 COMMISSIONER MOSER: Kelly's got a question. 11 MS. HOFFER: If you were to approve my 12 recommendation would just to probably to not to exceed 13 15 hundred dollars just to have a small little buffer in 14 there, but we should be fine. These are all current 15 numbers on the material and that. 16 COMMISSIONER MOSER: So not to exceed 15 17 hundred. I move that we approve the path of capital 18 improvement in Flat Rock Park for the cost of materials 19 not to exceed 15 hundred dollars and work to be done by 20 Road & Bridge, and you can fit that in your efforts to 21 plan a schedule. 22 MS. HOFFER: Yes, Sir. 23 COMMISSIONER MOSER: So I move that. 24 JUDGE POLLARD: By the time of the balloon 25 festival? 32 1 MS. HOFFER: Yes, Sir. 2 COMMISSIONER REEVES: I'll second it. 3 JUDGE POLLARD: All right, it's been moved 4 by Commissioner Moser and seconded by Commissioner 5 Reeves to approve the expenditure of not to exceed 6 $1,500 to build the path as indicated on the County Park 7 system out there by the time of the balloon festival. 8 Is there any further discussion or comment? 9 COMMISSIONER REEVES: And the money would 10 come out of the -- 11 JUDGE POLLARD: The money is to come out of 12 the capital improvement line item, which you said was 13 about 53 thousand? 14 MRS. DOSS: Yes, Sir, 2014 capital projects. 15 JUDGE POLLARD: All right. That's the 16 motion, is that a fair statement of it? 17 COMMISSIONER MOSER: Uh-huh. 18 JUDGE POLLARD: Any further comments or 19 questions about it? There being none, those in favor of 20 the motion signify by raising your right hands. It's 21 four zero, unanimous. 22 MR. WILLIAMSON: Thank you. The second item 23 of this request is we've entered into a contract to hold 24 a permit for the sale of beer at the festival, so I ask 25 that the Court sign the document stating that under 33 1 between Balloona Palooza and Spectra Management we will 2 have beer for sale, and it will be under temporary 3 permit that I hold. 4 JUDGE POLLARD: This will be under item 1.7 5 on the agenda. 6 MR. WILLIAMSON: Yes. 7 COMMISSIONER LETZ: Move for approval of 8 the -- 9 JUDGE POLLARD: Execution of that particular 10 letter. 11 COMMISSIONER LETZ: -- letter, TABC San 12 Antonio District office, concerning the sale of beer, 13 it's Baloona Palooza. 14 JUDGE POLLARD: And authorize the County 15 Judge to sign same. 16 COMMISSIONER LETZ: Yes. 17 JUDGE POLLARD: Is there a second? 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: Been moved by Commissioner 20 Letz, seconded by Commissioner Reeves to authorize -- to 21 approve the sale of, I think, it's beer -- 22 MR. WILLIAMSON: Beer only, Sir. 23 JUDGE POLLARD: -- during the balloon 24 festival and for the County Judge to sign the required 25 letter, the proposed letter, dated April 10th, 2017, 34 1 today, which I have before me here addressed to the 2 TABC, San Antonio District Office, and it's for approval 3 for the dates June 2nd, 2017, 12 p.m. to 11:59 p.m., and 4 so Saturday, June 3rd, 2017, 12 p.m. to 11:59 p.m. Is 5 there any further comment or discussion? 6 COMMISSIONER MOSER: And that's just for 7 beer, is that what that is? 8 JUDGE POLLARD: Yes. 9 MR. WILLIAMSON: Yes. 10 JUDGE POLLARD: The letter says to sell 11 alcohol. 12 COMMISSIONER MOSER: Can't do that. Can't 13 do that. 14 MR. WILLIAMSON: Correct. I will -- with 15 the permit application it is applied beer only. 16 COMMISSIONER MOSER: Well, this letter 17 should say that. 18 MR. WILLIAMSON: Okay, I can correct it. 19 JUDGE POLLARD: All right. We'll get it 20 retyped and changed where it says alcohol we'll change 21 it to beer. 22 COMMISSIONER MOSER: Okay. 23 JUDGE POLLARD: All right. The motion is 24 amended to that effect. 25 COMMISSIONER LETZ: That's fine. 35 1 JUDGE POLLARD: Both parties agree to that? 2 COMMISSIONER LETZ: That's fine. 3 JUDGE POLLARD: Any further discussion or 4 comment? There being none, those in favor signify by 5 raising your right hands. It's four zero, unanimous. 6 Thank you. 7 Next item on the agenda is 1.8, consider, 8 discuss and take appropriate action to close River Road 9 from May 29, 2017 to June 4, 2017 for setup and takedown 10 of the hot air balloon event at Hill Country Youth Event 11 Center. Mr. Williamson. 12 MR. WILLIAMSON: Good morning. This request 13 comes with the level of load ins and teardown associated 14 with this event. We believe it's in the public's 15 interest of safety to have this road closed for usage 16 so we can take trucks, use vehicular traffic, as I need 17 to get things set up, so I can do that in a safe 18 environment on that road to the park. 19 COMMISSIONER MOSER: The same kind of thing 20 we do -- 21 MR. WILLIAMSON: Correct. The stock show, 22 the fair. It's just so that I have access with that new 23 footpath, things of that nature, that I can be on that 24 road and doing what I need to do to set up the festival. 25 COMMISSIONER MOSER: So move. 36 1 COMMISSIONER REEVES: Second. And you're 2 talking about from the part of River Road that borders 3 the park and the Event Center, the southeast corner of 4 the Event Center to the southwest corner of River Star. 5 MR. WILLIAMSON: Of River Star Park, 6 correct, Sir. 7 COMMISSIONER MOSER: Same thing. 8 MR. WILLIAMSON: Uh-huh. 9 JUDGE POLLARD: Any further comment or 10 question on the motion? All right, it's been moved by 11 Commissioner Moser and seconded by Commissioner Reeves 12 to authorize the closing of River Road from May 29, 2017 13 to June 4, 2017 to provide for setup and takedown of the 14 hot air balloon event at the Hill Country Youth Event 15 Center as discussed and as presented to Commissioners' 16 Court by Mr. Williamson. Is there any comment or 17 discussion? There being none, those in favor of the 18 motion signify by raising your right hands. It is four 19 zero, unanimous. Thank you, Jake. 20 COMMISSIONER MOSER: Jake, one other 21 question. All the hot air balloon stuff is going to be 22 in Flat Rock Park, right? Nothing -- the newspaper said 23 somebody about over near the landfill at one time, but 24 that's not the case. 25 MR. WILLIAMSON: There was a discrepancy in 37 1 the address of Flat Rock Park is what led to that 2 confusion. We've since corrected all future revisions 3 to show an address that is 911 verified. 4 COMMISSIONER MOSER: It's going to be a -- 5 MR. WILLIAMSON: It'll be a great one. 6 Thank you for your time. 7 JUDGE POLLARD: 1.9 on the agenda, consider, 8 discuss and take appropriate action on revision of the 9 Kerr County Juvenile Detention Facility policy and 10 procedure manual. Mr. Davis. 11 MR. DAVIS: Good morning, Your Honor, 12 Commissioners. These are other changes that are 13 required by statute and by PREA as this Court is aware. 14 They have been posted in y'all's office for you. The 15 County Attorney has reviewed them and approved them, I 16 believe. 17 MRS. STEBBINS: Yes, I have. 18 JUDGE POLLARD: She just gave the nod, so 19 it's confirmed, okay. 20 COMMISSIONER LETZ: I move we approve the 21 revisions to the Kerr County Juvenile Detention Facility 22 policy and procedure manual as presented. 23 JUDGE POLLARD: As presented. 24 COMMISSIONER BELEW: I second that. 25 JUDGE POLLARD: Been moved by Commissioner 38 1 Letz, seconded by Commissioner Belew to approve the 2 revision of the Kerr County Juvenile Detention Facility 3 policy and procedure manual as presented by Mr. Jason 4 Davis, and as required by the -- what authority is that? 5 MR. DAVIS: There are actually two changes. 6 One are going to be the Texas Administrative Code, the 7 other is going to be the Prison Rape Elimination Act. 8 JUDGE POLLARD: Okay. As required by those 9 two agencies. Any further comments or questions? There 10 being none, those in favor of the motion signify by 11 raising their right hand. It's four zero, unanimous. 12 Thank you. 13 1.10 consider, discuss and take appropriate 14 action on approval of contract between the Juvenile 15 Detention Facility and Travis and Ward Counties Juvenile 16 Probation Department. Is it one department? 17 MR. DAVIS: No, Sir. Two. Two new counties 18 coming on board. 19 JUDGE POLLARD: And authorize the County 20 Judge to sign same, is that correct? 21 MR. DAVIS: Yes, Sir. 22 COMMISSIONER LETZ: Same standard contract? 23 MR. DAVIS: Exactly, the same standard 24 contract. We put in Ward County for their contract and 25 Travis County for their contract. We actually have a 39 1 contract in place with Travis County that I wasn't aware 2 of until a couple of weeks ago. I was contacted by 3 Travis County, and they're the wanting some insurance 4 information on the facility. The contract was, I 5 believe, from 2003, and it was not a renewing contract. 6 We believe that to be out of date. Travis County said 7 even though they don't normally place kids here they 8 would still like it as an option so we can probably have 9 this contract in place, because if it's going to be 10 language required by the State. The current contract -- 11 JUDGE POLLARD: What is that option? What 12 would it be if they get full and need some access. They 13 got too many kids there and they gotta place them 14 somewhere else? 15 MR. DAVIS: Full and emergencies. Same 16 thing we have with Nueces County and San Patricio 17 County, right. Yes, Sir. 18 JUDGE POLLARD: Okay. 19 MR. DAVIS: Ward County is a little bit 20 different situation. The fact that they're probably 21 going to start placing kids here because their -- 22 JUDGE POLLARD: What's the County seat? 23 MR. DAVIS: Monahans. 24 JUDGE POLLARD: What? 25 MR. DAVIS: Monahans. 40 1 COMMISSIONER MOSER: How many Juvenile 2 Detention Facilities are there like this in the State? 3 MR. DAVIS: 54. 4 COMMISSIONER MOSER: 54. 5 MR. DAVIS: Yes, Sir. 6 JUDGE POLLARD: A lot of travel expense in 7 that one? 8 MR. DAVIS: There is, Your Honor. The 9 situation they have is they contract with Midland 10 County, Tom Green County, those usually run at capacity 11 and sometimes they have overflow and might need to place 12 a kid here. We would be the third closest to them. 13 COMMISSIONER LETZ: There's not a lot of 14 people in Ward County. 15 JUDGE POLLARD: Probably not a whole lot of 16 folks up there, that's true. 17 COMMISSIONER LETZ: I move for approval to 18 approve the contract to Travis and Ward counties as 19 submitted. 20 COMMISSIONER REEVES: I'll second. 21 JUDGE POLLARD: Mr. Reeves, all right. It's 22 been moved by Commissioner Letz, seconded by 23 Commissioner Reeves to approve the contract between 24 Juvenile Detention Facility of our County with Travis 25 and Ward counties and to authorize the County Judge to 41 1 sign both contracts. Is there any further comment, or 2 discussion, or question? And by the way the County 3 Attorney has approved? 4 MRS. STEBBINS: Yes, Sir. 5 JUDGE POLLARD: Okay. All right. There 6 being no further questions or comments, those in favor 7 of the motion signify by raising their right hands. It's 8 four zero, unanimous. Thank you. 9 1.11 consider, discuss and take appropriate 10 action on approval of a memorandum of understanding with 11 Hill Country MHDD, and authorize the County Judge to 12 sign same. Mr. Davis. 13 MR. DAVIS: We currently have a couple MOU's 14 on file with MHDD. This is one they specifically 15 request in reference to a program they're now providing 16 to the facility of the juvenile. The short version is 17 they're placing and have placed a full-time case worker 18 in the probation department, she's working with our 19 probation officers and also the facility, whereas any 20 child that comes into the facility this case worker can 21 meet with, try to meet the mental health needs of our 22 youth inside the facility. This is pretty standard 23 agreement, the County Attorney, I believe, has approved 24 it -- 25 MRS. STEBBINS: Yes, Sir. 42 1 MR. DAVIS: -- as of probably Friday 2 afternoon or so. And -- 3 MRS. STEBBINS: I don't know who drafted it 4 actually, but I had a couple of -- well, one change and 5 Jason made it to the document which is before you. 6 JUDGE POLLARD: This is a -- formerly we had 7 an agreement with MHDD and the juvenile program for 8 something called a Wraparound Program, and it kind of 9 went by the way side somewhere along the way and now 10 they're coming back active and providing somebody, and 11 they're actually coming to all of the juvenile hearings 12 now. 13 COMMISSIONER MOSER: Good service. 14 JUDGE POLLARD: And it is a good service. 15 They have psychiatrists, psychologists, all kinds of 16 behavioral experts, all kind of expert people that can 17 help with our youth. These people, these juveniles, and 18 boy, if there's ever anybody that needs help it's these 19 kids in the juvenile program, I mean they're -- they 20 need a lot of help, and so we appreciate the fact that 21 MHDD is coming forward and trying to reestablish contact 22 with us and offer their services with us. We really do 23 appreciate that. Now, anyway is there any -- is there a 24 motion? 25 COMMISSIONER MOSER: I so move. 43 1 COMMISSIONER BELEW: Second. 2 JUDGE POLLARD: It's been moved by 3 Commissioner Moser, seconded by Commissioner Belew to 4 approve the memorandum of understanding with Hill 5 Country MHDD and to authorize the County Judge to sign 6 same. Is there any further comment or question? There 7 being none, those in favor signify by raising your right 8 hand. It's four zero, unanimous. Thank you very much. 9 1.12 consider, discuss and take appropriate 10 action on the 2017-2018 agreement between the Kerrville 11 Independent School District and the Kerr County Juvenile 12 Facility and authorize the County Judge to sign same. 13 Mr. Davis. 14 MR. DAVIS: This is a standard agreement we 15 renew every year with KISD as the Court's aware. They 16 provide educational services free of charge to kids in 17 our facility. This is the agreement for next year, for 18 next school year. We currently are in this agreement. 19 I can tell -- it appears that the dates have been 20 changed, and the Superintendent obviously changed Dr. 21 Faust coming in. I believe the County Attorney has 22 approved this agreement as well. 23 JUDGE POLLARD: This is an agreement 24 essentially we're in. I think Cindy Hunt comes over? 25 MR. DAVIS: She's one of the teachers, yeah. 44 1 JUDGE POLLARD: She's one of the teachers. 2 And others come in and they provide some school, some 3 education in the detention facility, and they do a 4 really good job. Cindy does a great job, too. We hear 5 from her every time we get a juvenile in here. We get a 6 report from her how that kid's doing on his school 7 grades, and for every hearing we have on it. It's 8 helpful information. 9 All right, is this there any further 10 discussion or comments? 11 COMMISSIONER REEVES: Move for approval of 12 the agreement and to authorize the County Judge to sign 13 same. 14 JUDGE POLLARD: Is there a second? 15 COMMISSIONER BELEW: Second. 16 COMMISSIONER LETZ: Second. 17 COMMISSIONER BELEW: I don't know what's in 18 the air today. 19 JUDGE POLLARD: It was moved by Commissioner 20 Reeves and seconded by Commissioner Letz to approve the 21 agreement between KISD and the Kerr County Juvenile 22 Facility and authorize the County Judge to sign same. 23 And County Attorney nodded to me she approved that 24 agreement, so is there any further comment or discussion 25 about it? If not, we go ahead and move on that. Those 45 1 in favor signify by raising your right hands. It's four 2 zero, unanimous. 3 MR. DAVIS: Thank you. 4 JUDGE POLLARD: Thank you. 5 1.13 consider, discuss and take appropriate 6 action to determine additional costs to add Kerr County 7 Juvenile Detention Facility network upgrades for 8 Evidence Media and future growth. Mr. Trolinger. 9 MR. TROLINGER: When I put this on the 10 agenda I wasn't sure if there would be multiple funding 11 sources or how it would be funded, so I wanted to bring 12 it to Commissioners' Court. After speaking with the 13 auditor and looking through the specifics of the 14 project, I think we just need to keep it in the IT fund 15 16 capital. My initial plan, the background on this is 16 is that each year, I upgrade one of the major networks, 17 and we've already done that this year, the Sheriff's 18 Office network we just upgraded it. This is a little 19 bit more expensive than the Sheriff's Office was. The 20 previous year before that we upgraded courthouse 21 computer network. 22 But the plan for this network was next year 23 after October, and basically I need to push it up. It 24 helps with the Sheriff's project that he's got ongoing 25 that's going to take part at the facility, and it helps 46 1 solve the problem with the evidence media server, with 2 the bandwidth we need, and we're going to improve that 3 right away instead of waiting for months. I'm just 4 pushing the project up. So I don't needed any -- 5 there's not any action required, I'm just giving you 6 information on it, I've worked with the Auditor on it, 7 and we're going to use the current IT budget to fund the 8 improvements. It's -- which by the way are $16,242.00. 9 JUDGE POLLARD: 15 thousand what? 10 MR. TROLINGER: $16,242.00. The last 11 upgrade, I think the Sheriff's office we came in around 12 12 thousand dollars total for the project. So it is 13 more expensive than the previous. 14 JUDGE POLLARD: This is all within your 15 budget, it's not a budget amendment? 16 MR. TROLINGER: Correct. I'm going to use 17 the IT capital. Whereas normally I'd wait until next 18 year, I'm going to have to move a project or two, but 19 I've told the auditor this is my top project, this is my 20 number one priority and I'll have to make due with the 21 other. 22 JUDGE POLLARD: This addresses the current 23 issue that came up before the Juvenile Board and all of 24 that -- 25 MR. TROLINGER: Yes, Sir. 47 1 JUDGE POLLARD: -- Jason raised and the 2 Sheriff raised? 3 MR. TROLINGER: Yes, Sir, I'm going to solve 4 that for them. 5 COMMISSIONER MOSER: So no action required? 6 MR. TROLINGER: Yes, Sir. 7 COMMISSIONER LETZ: My question would be on 8 no action required. It was in the capital item there 9 was a sum of money, a pretty large sum of money, for IT 10 improvements. 11 MRS. DOSS: Yes, Sir, in the 2012 and there 12 is currently $49,681.00 left in that budget, and that 13 was from the 2012 CO issue. 14 COMMISSIONER LETZ: Shouldn't we not approve 15 each -- I mean it seems like we had to approve spending 16 15 hundred dollars out of that same -- 17 MRS. DOSS: Well, I think every year when 18 John presents his budget he gives you an itemized list 19 of what's going to be working on. 20 COMMISSIONER LETZ: Yeah, but this wasn't in 21 it. 22 MRS. DOSS: Right. 23 MR. TROLINGER: That's correct. It doubles 24 up this year for that project. 25 COMMISSIONER LETZ: This would be an. 48 1 MRS. DOSS: An additional project. 2 COMMISSIONER LETZ: The Court action to move 3 this project up into the current year capital budget? 4 MRS. DOSS: Yes. We do also have a 5 $110,000.00 left in our contingency line item if you 6 would prefer to take it from there. It's up to you. 7 COMMISSIONER LETZ: I'd rather take it out 8 of the capital. 9 MR. TROLINGER: And I'm not in an emergency 10 situation. It's 43 thousand dollars encumbered 11 remaining in the IT fund 16 right now, so I would ask 12 the Commissioners' Court today to approve moving up the 13 project. It's similar in scope to the previous two 14 years, and just moving up the project for the Juvenile 15 Detention Facility and the project total is $16,242.00 16 estimated. 17 COMMISSIONER LETZ: I'll make a motion to 18 authorize expenditure of $16,242.00 out of the capital 19 line item for IT to make improvements to the facility 20 network upgrades at the Kerr County Juvenile Detention 21 Facility. 22 COMMISSIONER MOSER: I second. 23 JUDGE POLLARD: Been moved the priority of 24 that up to the current budget instead of next year's 25 budget, is that correct? 49 1 COMMISSIONER LETZ: Yes. 2 JUDGE POLLARD: All right. Any further 3 comments or questions about the motion? 4 COMMISSIONER BELEW: I have a question -- 5 COMMISSIONER REEVES: Mr. Davis, does this 6 meet your needs? 7 MR. DAVIS: I believe so. But that answer 8 would actually have to come from Mr. Trolinger. I 9 believe that it will from what he's told me. 10 COMMISSIONER REEVES: But you're wanting 11 this item? 12 MR. DAVIS: Yes, Sir. It would allow us to 13 do our jobs that we need to do yes, Sir. 14 COMMISSIONER REEVES: Okay. 15 JUDGE POLLARD: Solve the problem that we 16 addressed in the Juvenile Board meeting, is that 17 correct? 18 MR. DAVIS: To the best of my knowledge, 19 Your Honor, yes. 20 JUDGE POLLARD: All right. Anything else? 21 COMMISSIONER BELEW: Yeah. What's being 22 purchased? 23 MR. TROLINGER: Specifically there's a -- 24 they'll be a contract with Hill Country Telephone who 25 provides the microwave equipment and the expertise to 50 1 install it, because we're up on the top of the water 2 tower, the City water tower, which the City very 3 graciously allows us to use. I mean it's just thousands 4 of dollars per month benefit to the County really. So 5 we've got -- that's the largest part, that's about 11 6 thousand dollars. 7 The next largest part is the router, the 8 computer equipment that actually makes the network 9 equipment go back and forth, and right now that's not 10 obsolete, it's up to date, but it's old. It's older 11 than the other two facilities, so it would be due next 12 year for replacement. 13 COMMISSIONER BELEW: This microwave 14 equipment that has to be purchased -- 15 MR. TROLINGER: I'm sorry. 16 COMMISSIONER BELEW: You said microwave 17 equipment, satellite dishes? 18 MR. TROLINGER: Microwave, it's like a 19 flashlight beam pointing between two places and -- 20 COMMISSIONER BELEW: I know how it works; 21 I'm asking what you're buying, what are you purchasing? 22 MR. TROLINGER: Specifically what it is? 23 COMMISSIONER BELEW: Yeah. 24 MR. TROLINGER: It's a -- 25 COMMISSIONER BELEW: Is it a parabolic 51 1 antenna? 2 MR. TROLINGER: It's 24 gigahertz microwave 3 equipment point to point. 4 COMMISSIONER BELEW: And that has to be 5 purchased? 6 MR. TROLINGER: It is. And we purchased it 7 in this case through Hill County Telephone Cooperative 8 who will install it, provide all the accessories, the 9 mounting, the equipment and whatnot. We've already done 10 in house. The Sheriff's office had a computer rack, and 11 in house we've upgraded so we'd have space at the water 12 tower. We did that last week. IT, we went up there and 13 installed it, and rearranged the cables and got all that 14 ready in preparation. 15 And then the second most expensive part is 16 the network router. It's hardware that we purchased and 17 some software. And then there's the computer network 18 switches. The existing Juvenile Probation switch is 19 slow and just cannot handle it at all, so it has to be 20 replaced for this project. And some fiber optic cable 21 between the two buildings. 22 COMMISSIONER BELEW: Now I know what you 23 got. I provide that stuff myself. 24 MR. TROLINGER: It's a lot of fun. I enjoy 25 these kind of projects. 52 1 JUDGE POLLARD: Any further discussion or 2 comment? If not, those in favor of the motion signify 3 by raising their right hands. It's four zero, 4 unanimous. Thank you, John. 5 MR. TROLINGER: You're welcome, Sir. 6 JUDGE POLLARD: Item 1.14 consider, discuss 7 and take appropriate action on workshop and budget 8 schedule. The question is this has to do with the 9 budget, is that correct, or those workshops? Is that 10 what we're talking about? 11 COMMISSIONER LETZ: A month or so ago the 12 Judge asked me to kind of look at the budget process 13 with the auditor, and kind of come up with a maybe a 14 revised plan this year that would not take so many 15 meetings. I've talked to the Auditor, I've talked to 16 the Judge, and thought about it some and came up with a 17 basic concept is two things when we get to the actual 18 schedules. One, historically there's a lot of items 19 that we push off to the very end. Policy, holiday 20 schedule, a lot of kind of -- insurance benefits or 21 benefit programs, all those things are done at the very 22 end right when we're crunching the final numbers based 23 on the tax rate and tax revenue. And to me, it would be 24 far better to do that first, and look at our policy, 25 look at longevity policy, look at our benefits, and try 53 1 to figure out what's the best thing for the County 2 rather than try and react at the last minute when we're 3 looking for dollars. We may have to still react based 4 on the dollars, but I think it's a better plan to do it 5 this way. 6 The other part of thing is changed would be 7 last year and some years in the past, the Auditor and 8 County Judge of kind of met with all the Departments, 9 gone through, created a budget. And they basically do 10 the same thing again before the Commissioners' Court. 11 The idea this year would be to pretty much have the -- 12 more burden on the Commissioners to be ready for those 13 meetings. The meetings would then be one set of 14 meetings, the Auditor will send out the budget to the 15 departments and elected officials, and then they would 16 just go over the budget with the whole Court at one 17 time, and it'll be a one time coming through the Judge 18 and the Court all at once. 19 COMMISSIONER MOSER: So we do all the 20 departments at one time? 21 COMMISSIONER LETZ: No; we do it over a 22 schedule. Right now they're all meeting with the Judge 23 at one time, and meeting with the Court at one time. 24 And rather than doing it twice, do it one time. 25 COMMISSIONER MOSER: Okay. 54 1 COMMISSIONER LETZ: It's going to mean the 2 Commissioners are going to have to be more prepared, and 3 part of that will be kind of coming up on our first 4 workshop and kind of go through this. What do we want? 5 I know Commissioner Moser's a good one, you know, I've 6 talked to the auditor about it. He likes to look at 7 comparison prior years. Figure out where there are 8 deviations and figure out what we want as Commissioners 9 so we can tell the Auditor so we don't have to -- so we 10 have it all present at that first time we go into 11 budget. 12 So that's kind of the idea of the basic 13 plan, and then I put out a brief workshop schedule. 14 This is just -- the Auditor has seen it, and I've seen 15 it, and it's just kind of a working plan. Nothing 16 certainly set, and nothing I've said is set, just an 17 idea that when we do it it'll be a little bit easier on 18 the Judge's time and hopefully make it use time of all 19 of the department heads as well. 20 COMMISSIONER MOSER: So let me see if I 21 understand. April 24th is a view of an overall budget, 22 just kind of like the frame work for the thing, okay. 23 This is not -- and then sometimes it looks like between 24 mid June and late July is when we have workshops of each 25 one of the departments? 55 1 COMMISSIONER LETZ: Yes. 2 COMMISSIONER MOSER: Okay, I see. 3 COMMISSIONER LETZ: It's moved a little bit 4 later. 5 COMMISSIONER MOSER: Each one of the 6 departments would come in during that time period -- 7 COMMISSIONER LETZ: Yes. 8 COMMISSIONER MOSER: -- the June to July, 9 okay. 10 COMMISSIONER LETZ: And the idea is to push 11 this back a little bit, move some of the other things up 12 first. Push that back when the Auditor really has a 13 better idea as to where we are in the budget year. And 14 I think last year we started so early we weren't even 15 halfway through the year we were trying to make 16 projections for the following year and try to give us as 17 much time as possible. 18 JUDGE POLLARD: I appreciate the 19 consideration and the time put in on this planning and 20 all by the Auditor. And she's approved all of this as I 21 understand it. 22 COMMISSIONER LETZ: She hasn't approved it. 23 She looked at me. 24 JUDGE POLLARD: Well, she talked to me about 25 it and thought it was appropriate. And I can tell you 56 1 that anything that results in less hearings and less 2 workshops I'm in favor of. Because it seems like gosh 3 we just -- there were so many workshops they were 4 driving me crazy and taking up so much time. And I hope 5 this is going to work out where it's a lot less time 6 spent on the budget, and better organized. I think 7 which results in fewer workshops and hearings on it, so 8 I appreciate that. And I've talked to her about it and 9 she recommended it, and I recommend it, too. 10 COMMISSIONER LETZ: I will make a comment on 11 the May 22nd workshop. This is that bit of a different 12 thing. The idea here is that anyone who wants more 13 employees comes to that meeting, so we have them all at 14 once. What's happened in the past is there's an 15 employee here -- you know each department comes in 16 individually and scattered over time, and it's hard for 17 us to be able to prioritize. The idea is for that for 18 the new employees, if any, and also for the capital 19 items, the same thing. If you have a capital item 20 they're all to be heard on that date, so we do have a 21 capital list that we go over, and then you know, because 22 it's reel real hard, you know, to me anyway a month 23 after we hear about them and then trying to figure out 24 what the priority is. I'd like to have a list that we 25 can go off of and take notes on it and then we can make 57 1 decisions once we get the final numbers. 2 COMMISSIONER MOSER: That's good. 3 MRS. DOSS: Could I say something? I will 4 send out an e-mail to department heads fairly quickly on 5 capital and staffing issues, so that we can get the 6 information in, because I'm assuming what you want is a 7 detailed list of any capital items -- 8 COMMISSIONER LETZ: Yes. 9 COMMISSIONER MOSER: Right. 10 MRS. DOSS: -- and a detailed list of any 11 increased rate in salaries or new position. 12 COMMISSIONER LETZ: New positions primarily. 13 MRS. DOSS: So that we can put the numbers 14 on a summary schedule and present it to you. 15 COMMISSIONER MOSER: Yeah. I like that 16 putting it in categories like this into like capital. 17 Putting in, letting them see everything together as 18 opposed to every department. Great. 19 COMMISSIONER LETZ: Now, I put those 20 workshops at the end of -- in the afternoons of 21 Commissioners' Court days. You know, that works out 22 maybe pretty long. It may need to go on a separate 23 day -- 24 JUDGE POLLARD: That's all right, it gets it 25 over with all in one day. Frees up some other days. I 58 1 like it. We can work until 10 o'clock, I don't care, 2 let's get it over with. 3 COMMISSIONER MOSER: And then there will be 4 a detailed schedule that will go with this one, and the 5 departments will come in -- 6 MRS. DOSS: Yes, Sir. 7 COMMISSIONER MOSER: Super. Good. I like 8 it. 9 COMMISSIONER LETZ: All right, this is the 10 plan. I don't know if we have to take any action. I 11 mean the Auditor and I -- 12 JUDGE POLLARD: I don't think we need to. 13 Generally approved. Is that everybody generally 14 approves this. 15 COMMISSIONER MOSER: Conceptually approves 16 it. 17 JUDGE POLLARD: Are you fine, Mr. Reeves? 18 COMMISSIONER REEVES: Yes, Sir. 19 MRS. DOSS: Do you want me to work on a 20 preliminary budget schedule -- 21 COMMISSIONER MOSER: Yeah. 22 MRS. DOSS: -- for next court? 23 COMMISSIONER LETZ: Yeah. 24 JUDGE POLLARD: Let's go to item 1.15. 25 Anyone want a short break? 59 1 MRS. STEBBINS: May I make a comment on the 2 last item? Those days are Commissioner Court days, but 3 those are days that we also have Juvenile Court in the 4 afternoon, so that Judge Pollard would be absent from 5 all of those days in the budget planning. 6 COMMISSIONER LETZ: That is his plan. 7 (Laughter.) 8 JUDGE POLLARD: As far as I'm concerned we 9 can bunch up and do our juvenile stuff pretty soon right 10 after lunch, maybe after we have Commissioners' Court, 11 then recess, and then resume about 3:30, and that gives 12 me time to do the juveniles between 1:30 and 3:30. Does 13 that sound good with your schedule as well? 14 MRS. STEBBINS: I think so, and we can also 15 let the clerk's office know that on those days we might 16 want to -- outside of detention hearings we'll have on 17 the juvenile docket. 18 JUDGE POLLARD: How does that sound to 19 y'all? 20 COMMISSIONER LETZ: I mean I prefer to do it 21 before 3:30, but you know I think we can work it out. 22 JUDGE POLLARD: Well, we may do it if we 23 have a light agenda schedule. Well, but we gotta post. 24 That's a recess isn't it? 25 COMMISSIONER LETZ: I guess we can do it at 60 1 a separate time. 2 COMMISSIONER MOSER: We can recess. 3 COMMISSIONER LETZ: And then put 2 o'clock. 4 JUDGE POLLARD: Just depending on how many 5 juveniles we have at the time. Adjudications and 6 modifications take a lot more time than the detentions. 7 COMMISSIONER MOSER: And reestablish the 8 Court at the time you decide that day. 9 JUDGE POLLARD: All right. All right, I 10 think we're in general agreement about that. 11 Item 1.15 consider, discuss and take -- I 12 asked a question, anybody want a break? 13 COMMISSIONER REEVES: That would be fine. 14 JUDGE POLLARD: All right. A ten-minute 15 break, or whatever. 16 (Break.) 17 JUDGE POLLARD: Okay, let's have order in 18 the courtroom, we're going to start up again. 19 Item 1.15. Consider, discuss and take 20 appropriate action to approve letter to FEMA concerning 21 the proposed CLOMR submitted by the City of Kerrville as 22 it relates to the floodplain along Second and Third 23 Creek. Commissioner Letz. 24 COMMISSIONER LETZ: We decided to write a 25 letter probably two or three months ago, and I finally 61 1 got around to doing it. 2 JUDGE POLLARD: Good letter, too. 3 COMMISSIONER LETZ: The Court's got a copy 4 of it, and I know some people here that are interested, 5 so I may read it -- 6 JUDGE POLLARD: Go ahead. 7 COMMISSIONER LETZ: I will say that Charlie 8 Hastings has made a couple edits to it. And I may -- 9 I'll probably put some of those in as I'm going. 10 Kerr County Commissioners' Court understands 11 that the City of Kerrville submitted a request for 12 Conditional Letter Of Map Revision, CLOMR, on January 13 31st, 2017, case number 17-06-1326R. This CLOMR covers 14 the area with the Third Creek and Second Creek drainage 15 basins in Kerr County, City, see Attachment A. Kerr 16 County owns the majority of the property at the 17 confluence of Third Creek and the Guadalupe River, and 18 this property is downstream from the submitted CLOMR and 19 includes the following Kerr County properties: Hill 20 Country Youth Event Center, outdoor arena, 4-H project 21 barn, Flat Rock Park, River Star Park, Kerr County Road 22 and Bridge facility, County baseball and softball 23 fields, Kerrville Little League Fields, and then Kerr 24 County Extension Office. 25 The majority of this property and all 62 1 permanent structures are currently outside Zone A, see 2 Attachment B. The City of Kerrville advised Kerr County 3 that the CLOMR does not include any Kerr County 4 property. 5 Kerr County has had a cursory review of the 6 data prepared by Freese & Nichols, Inc., for this FNI 7 2016 CLOMR and we have the case number for that. Kerr 8 County has also had a cursory review of the LNV 2015 9 landfill CLOMR-F prepared by LNV Inc. for the City of 10 Kerrville. These two studies cover the same basins and 11 geographic areas; however, have significantly different 12 results, see Attachment C, and that attachment is the 13 spread sheet that we previously looked at. Neither of 14 these engineering firms or the City of Kerrville 15 discussed or contacted Kerr County or the Kerr County 16 Floodplain Administrator prior to the preparation of the 17 CLOMR's. The majority of properties within these basins 18 are outside the municipal limits of the City of 19 Kerrville. 20 Kerr County does not concur with or support 21 the accuracy of either CLOMR and would object to any map 22 revision of any Kerr County property without the 23 opportunity to submit additional data and/or comments to 24 FEMA. 25 Kerr County has attached the communication 63 1 that has been sent to the City of Kerrville related to 2 this matter. This communication outlines various 3 concerns of Kerr County including the following: The 4 existing flood -- the existing conditions -- there's a 5 word missing here, flood studies and resulting 6 floodplain output conducted by LNV 2015, and FNI 2016 7 have significantly different results, despite reports 8 from the City Engineer that both firms shared data and 9 worked closely with each other. For example, the LNV 10 2015 existing conditions 100-year stream flow is 8,952 11 cubic feet per second, while FNI 2016 existing 12 conditions 100-year stream flow is 15,987 cubic feet per 13 second. Historic flood data and high water marks are 14 known and available based on a July 2002 flood event 15 that exceeded a hundred year flood. This data could be 16 used to calibrate the model and provide more accurate 17 data. 18 Kerr County further understands that there 19 have been modifications to the design of the reuse pond, 20 the reason for the FNI 2016 CLOMR, and is concerned 21 about any impact these changes may have on the CLOMR as 22 submitted. 23 Kerr County appreciates your consideration 24 and requests notice of any map revisions within the area 25 outlined above. We further request the opportunity to 64 1 comment and supply additional information concerning any 2 map revisions that may impact any property owned by Kerr 3 County as outlined above. 4 Thank you for your consideration. 5 JUDGE POLLARD: Good letter. 6 COMMISSIONER MOSER: So basically what we're 7 saying is we'd like to see the opportunity to submit 8 additional data before they submit the final CLOMR. 9 COMMISSIONER LETZ: Well it's -- if they're 10 going to do anything affecting the Kerr County property, 11 we want the opportunity to submit additional data. If 12 they're just going to submit, you know, approve or -- 13 the area requested by the CLOMR as submitted, you 14 know -- 15 COMMISSIONER MOSER: So basically we've got 16 some survey data -- 17 COMMISSIONER LETZ: Right. 18 COMMISSIONER MOSER: -- that should be 19 incorporated if that's the case, and the other thing is 20 the empirical data from floodplain. 21 COMMISSIONER LETZ: Right. 22 COMMISSIONER MOSER: So those two things 23 basically. 24 COMMISSIONER LETZ: Right. And FEMA could 25 come back and say now we have the model for this basin, 65 1 and we're just going to go ahead and do a map revision 2 on the County property. It's at that point we want an 3 opportunity to present additional data. 4 COMMISSIONER MOSER: Precisely. Good 5 letter. 6 COMMISSIONER LETZ: And a few corrections 7 that Mr. Hastings made. I read some of them into here 8 in the letter. 9 JUDGE POLLARD: And the one part that you 10 were reading -- 11 COMMISSIONER LETZ: Right. There was a word 12 missing. With those modifications, I'll make a motion 13 to approve the letter -- 14 COMMISSIONER MOSER: And should be signed by 15 the Judge. 16 COMMISSIONER LETZ: -- and to be signed by 17 the County Judge. 18 COMMISSIONER MOSER: Okay. Second. 19 JUDGE POLLARD: All right, it's been moved 20 by Commissioner Letz, seconded by Commissioner Moser to 21 approve the execution and authorize the County Judge to 22 execute this letter to FEMA. Is there any further 23 comment or discussion about it? This is in accordance 24 with item 1.15 on the agenda. 25 COMMISSIONER MOSER: And we send copies to 66 1 the City. 2 COMMISSIONER LETZ: Sure. 3 JUDGE POLLARD: Any further comments? If 4 not, those in favor of the motion signify by raising 5 your right hands. It's four zero, unanimous. Thank you 6 very much. 7 Item 1.16. Consider, discuss and take 8 appropriate action to appoint Amanda Calderon as a 9 member of the Kerr County Child Services Board. 10 Commissioner Belew. 11 COMMISSIONER BELEW: Yes, Sir. I recommend 12 this, and I don't have a lot of discussion. I think 13 she's well qualified and willing to do it, and a willing 14 warm body is about 90 percent of it. I mean let's be 15 honest here. And she wants to do it, so God bless her 16 for it, and I move that we approve this. 17 COMMISSIONER LETZ: I'll second that motion. 18 JUDGE POLLARD: Been moved by Commissioner 19 Belew, with excellent reasoning, and seconded by 20 Commissioner Letz to appoint Amanda Calderon as a member 21 of the Kerr County Child Services Board. Any further 22 comments or questions? There being none, those in favor 23 of the motion signify by raising their right hands. 24 It's four zero, unanimous. 25 All right. Item 1.17 consider, discuss and 67 1 take appropriate action to determine whether to allow 2 the retail fireworks permit holders to sell fireworks to 3 the public beginning May 1, 2017 and ending at midnight 4 May 5, 2017 in celebration of Cinco De Mayo, pursuant to 5 the Texas Occupations Code, Section 2154.202(g)(3). 6 All right, this is the same stuff. They've 7 reversed the situation now and we have to authorize the 8 sale of fireworks in each one of these things. The 9 State statute changed it, instead of us coming in and 10 saying they can't, now we gotta authorize the sale of 11 it. And I understand that well there's a proposed 12 letter in here that somebody did. Is that your's, Jody? 13 MRS. GRINSTEAD: Actually that's provided us 14 by TAC. 15 JUDGE POLLARD: Anyway, it authorizes the 16 sale of fireworks and somebody made that decision, I 17 guess that's reserved for the Commissioners Court. What 18 are your wishes? 19 COMMISSIONER LETZ: I have no problem with 20 it. I move for approval. 21 COMMISSIONER REEVES: Second. 22 JUDGE POLLARD: All right. Been moved by 23 Commissioner Letz, seconded by Commissioner Reeves to 24 approve the item 1.17 that is to allow retail fireworks 25 or to sell fireworks to the public beginning May 1, 2017 68 1 and ending at midnight May 5, 2017 in celebration of 2 Cinco De Mayo. This is pursuant to the Texas 3 Occupations Code, Section 2154.202(g)(3). 4 Any comments? Gotta get it exactly right. 5 Okay, no further comments. Then those in favor of the 6 motion signify by raising their right hands. It's four 7 zero, unanimous. Thank you. 8 1.18 consider, discuss and take appropriate 9 action on mass gathering permit for the Kerrville Folk 10 Festival Foundation, Inc. 11 This is the one we do every year. I don't 12 think there's any difference. You approve? County 13 Attorney's Office approve? 14 MRS. STEBBINS: They apply for this every 15 year for the same reasons, and they're required to after 16 a certain number of people. 17 JUDGE POLLARD: There's a procedure that 18 they have in there and we have to hold hearings on it. 19 MRS. GRINSTEAD: But the main reason it's on 20 today is because we don't have a fire marshal. So in 21 the past Commissioner Baldwin has done that. 22 COMMISSIONER REEVES: And I did it for the 23 stock show. 24 MRS. GRINSTEAD: Oh yeah. He did it, yeah. 25 COMMISSIONER LETZ: The Commissioner of the 69 1 precinct then serves as fire marshal for the event? 2 COMMISSIONER BELEW: For the event? 3 MRS. GRINSTEAD: Uh-huh. 4 COMMISSIONER MOSER: Yeah. 5 COMMISSIONER BELEW: Buster went out to the 6 folk festival? 7 MRS. GRINSTEAD: No, he doesn't really go 8 out there. It's just a report you have to do based on 9 that. 10 COMMISSIONER BELEW: I'm game for that. 11 I'll really going. 12 COMMISSIONER MOSER: You have to wear a hat. 13 Did Buster leave his hat? 14 MRS. GRINSTEAD: No. 15 JUDGE POLLARD: There is a motion? 16 COMMISSIONER REEVES: I'll make a motion to 17 appoint Commissioner Belew if the Court says it needs a 18 fire marshal. 19 COMMISSIONER MOSER: For that period. 20 COMMISSIONER REEVES: For that period. 21 COMMISSIONER LETZ: And to approve the mass 22 gathering permit. 23 COMMISSIONER REEVES: We don't have to do 24 that. 25 JUDGE POLLARD: To approve the process for 70 1 the mass gathering permit. 2 COMMISSIONER MOSER: Should we put the date 3 in there? Because it's important that we not have a 4 fire marshal for the County. There's a -- 5 COMMISSIONER REEVES: For the Kerrville Folk 6 Festival. 7 JUDGE POLLARD: Okay. 8 COMMISSIONER BELEW: That's just a temporary 9 title. 10 COMMISSIONER MOSER: It's a temporary. 11 JUDGE POLLARD: Commissioner Reeves made the 12 motion, and was seconded by -- was it you, Jonathan? 13 COMMISSIONER LETZ: I'll second it. 14 JUDGE POLLARD: To approve the mass 15 gathering permit procedure, and to appoint Commissioner 16 Belew as the fire marshal for the County. 17 COMMISSIONER LETZ: For the event. 18 COMMISSIONER REEVES: Actually, he'll be the 19 Court's designee for the mass gathering permit at the 20 Kerrville Folk Festival. 21 JUDGE POLLARD: All right, that's the 22 statement of the motion then. And is that -- 23 COMMISSIONER LETZ: Yes. 24 JUDGE POLLARD: All right, is there any 25 further comment or discussion about the motion? There 71 1 being none, those in favor signify by raising your right 2 hands. Four zero, unanimous. Thank you. 3 All right. Consider, discuss and take 4 appropriate action to approve LexisNexis agreement for 5 State/Local Government contract and authorize the County 6 Judge to sign same. This is item 1.19. Becky. 7 MRS. BECKY BOLIN: Good morning. This is an 8 updated contract for LexisNexis. LexisNexis is a 9 program that allows us to find updated addresses on 10 defendant's, heirs to estates, executors, that kind of 11 thing within the County. 12 COMMISSIONER REEVES: Do you currently have 13 it? 14 MRS. BECKY BOLIN: We do, yes, Sir. 15 COMMISSIONER REEVES: So what is this 16 updating, just bringing it? 17 MRS. BECKY BOLIN: The first contract was 18 good for five years. This just extends us another year. 19 COMMISSIONER REEVES: One year? 20 MRS. BECKY BOLIN: Yes, Sir. 21 COMMISSIONER REEVES: Why don't you want to 22 go another five years? 23 MRS. BECKY BOLIN: I don't know that five 24 years was an option. The previous contract covered my 25 office, the District Clerk's office and Court 72 1 Compliance. It my understanding that now it's each 2 office. The County Attorney has reviewed it and 3 approved it. 4 COMMISSIONER REEVES: Move for approval and 5 authorize the County Judge to sign as needed. 6 COMMISSIONER BELEW: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Reeves, seconded by Commissioner Belew, to approve the 9 contract with LexisNexis for State and local government 10 contracts and authorize the County Judge to sign same. 11 This is under item 1.19 of the agenda. Any further 12 comments or questions? 13 MRS. DOSS: I have a question. Is there a 14 change in price? 15 MRS. BECKY BOLIN: No. 16 JUDGE POLLARD: Any further comments or 17 questions? If there are none, those in favor signify by 18 raising your right hands. It's four zero, unanimous. 19 MRS. BECKY BOLIN: Thank you. 20 JUDGE POLLARD: Item 1.20 consider, discuss 21 and take appropriate action regarding policies for use 22 courthouse grounds. This is well primarily in executive 23 session, I would think. We may discuss it if we come 24 back into open session. And the news media has asked me 25 about that, and they wanted to know if they could call 73 1 Jody and ask if any action was taken by us. And that's 2 the public part of it, if we do take action, they're 3 entitled to get that information. 4 COMMISSIONER REEVES: Certainly. 5 COMMISSIONER LETZ: Sure. 6 JUDGE POLLARD: The next item is 1.21 7 consider, discuss and take appropriate action regarding 8 personnel matter in executive session. Sheriff 9 Hierholzer. I think that's -- okay. 10 All right. We go to paying the bills now. 11 Item 4.1 pay the bills as submitted. Any questions 12 about the bills as submitted? 13 COMMISSIONER REEVES: I move to pay the 14 bills -- 15 COMMISSIONER MOSER: Second. 16 COMMISSIONER REEVES: -- as presented. 17 JUDGE POLLARD: Moved by Commissioner 18 Reeves, seconded by Commissioner Moser to pay the bills 19 as submitted. Any further comments or discussion? 20 There being none, those in favor signify by raising 21 their right hands. It's four zero, unanimous. 22 4.2 budget amendments. 23 MRS. DOSS: Yes, Sir, we have seven budget 24 amendments, and these are all interdepartmental 25 transfers, line item transfers as presented. If you 74 1 have any questions? 2 JUDGE POLLARD: Any questions about the 3 budget amendments as presented? 4 COMMISSIONER REEVES: I don't have them. 5 COMMISSIONER MOSER: I don't either. Got 6 late bills. 7 COMMISSIONER REEVES: Got late bills, but no 8 budget amendments. 9 MRS. DOSS: Oh, well let me go make copies. 10 JUDGE POLLARD: Any questions? 11 COMMISSIONER LETZ: Waiting on -- 12 COMMISSIONER MOSER: She's making copies. 13 (Off the record.) 14 COMMISSIONER MOSER: So I move for approval 15 on the budget amendments. 16 JUDGE POLLARD: As presented. 17 COMMISSIONER MOSER: As presented. 18 COMMISSIONER LETZ: Second. 19 JUDGE POLLARD: It's been moved by 20 Commissioner Moser to approve the budget amendments as 21 present, and it was seconded by Commissioner Letz. Any 22 further comment or discussions? There being none, those 23 in favor of the motion signify by raising your right 24 hands. It is four zero, unanimous. Thank you very 25 much. 75 1 Late bills, 4.3. 2 MRS. DOSS: Yes, we have late bills. Did 3 you get those? 4 COMMISSIONER MOSER: Yes. 5 MRS. DOSS: Okay. These were turned in 6 late; they're not actually being paid late. They were 7 just turned in late to our office so we could put them 8 in a separate packet. 9 COMMISSIONER LETZ: Move to pay the late 10 bills. 11 COMMISSIONER REEVES: I second it. 12 JUDGE POLLARD: Been moved by Commissioner 13 Letz, seconded by Commissioner Reeves to pay the late 14 bills as submitted. Any further comment or question 15 about it? There being none, those in favor signify by 16 raising your right hands. It is four zero, unanimous. 17 All right. 18 Approve and accept monthly reports. Got a 19 big stack there, Mr. Reeves. 20 COMMISSIONER REEVES: Yes, Sir. Unless I 21 indicate otherwise, all the reports are for the month of 22 March, 2017. County Clerk's report, District Clerk's 23 report, Kerr County Animal Service's report, 24 Environmental Health report, Kerr County, Texas nuisance 25 abatement program case reports for the months of January 76 1 through March, 2017, Constable Precinct 1 report, 2 Constable Precinct 3 report, Constable Precinct 4 3 report, J.P. Precinct 1 report, J.P. Precinct 2 report, 4 J.P. Precinct 3 report, and the payroll report for the 5 month ending March, 2017. 6 Make a motion to accept the reports as 7 presented, and sign in places that are needed. 8 JUDGE POLLARD: Is there a second? 9 COMMISSIONER BELEW: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Reeves, seconded by Commissioner Belew, to approve the 12 monthly reports as read into the record, and to sign 13 them as needed. Is there any further comment or 14 question about it? If not, those in favor of the motion 15 signify by raising your right hands. It is four zero, 16 unanimous. I'll pass this around now. 17 COMMISSIONER LETZ: Judge, can we go back to 18 1.14 quickly? 19 JUDGE POLLARD: 1.14. 20 COMMISSIONER LETZ: About the budget 21 schedule. 22 JUDGE POLLARD: Sure. All right, we're 23 going back to item 1.14 about the budget schedule. 24 COMMISSIONER LETZ: On April 24th it says in 25 addition to the overall discussion we've listed fleet 77 1 leasing. Commissioner Reeves and I met with the Auditor 2 and a leasing company about switching over to a fleet 3 leasing program. The question is would the Court like 4 to hear the presentation from that individual through 5 his -- basically hear the same presentation we heard 6 about the whole plan, or more of a summary from the 7 Auditor, and Mr. Reeves and myself? The presentation 8 would like take oh, about 30 minutes. I mean he is more 9 than happy to come back. 10 MRS. DOSS: Yes. 11 COMMISSIONER LETZ: I didn't know how much 12 of the details you wanted to get into. 13 JUDGE POLLARD: I'd be happy with the 14 Auditor's summary. 15 COMMISSIONER MOSER: What do you recommend 16 since you listened to it, you and Bob? 17 COMMISSIONER LETZ: I think it's probably 18 worthwhile listening to the whole thing, because it's a 19 big item in our budget. 20 COMMISSIONER MOSER: I'd like to listen to 21 it. 22 COMMISSIONER REEVES: I feel like we should 23 all hear it together. Just he makes some very good 24 points in it that may be beneficial to our budget 25 procedure. 78 1 MRS. DOSS: And you'll have the option to 2 ask questions that day, also. 3 COMMISSIONER LETZ: Okay, so go ahead and 4 schedule it. 5 COMMISSIONER BELEW: I prefer to hear it. 6 JUDGE POLLARD: All right. At this time 7 we'll go into closed session. 8 (Executive Session.) 9 JUDGE POLLARD: And we're out in open 10 session now, so just had an executive session, a fairly 11 extensive one. And the one I think most of the audience 12 is interested in about the use of courthouse grounds. I 13 can just -- I'll just say that nothing has been decided 14 yet, it's still -- we discussed a lot of different 15 things and suggested some different changes, and 16 modifications and sort of a proposed policy drafted up 17 by the County Attorney's office, but we just talked 18 about some major changes in it, and so they're going to 19 make those changes and come back. It's a moving target, 20 there's been no final decision made, okay. 21 COMMISSIONER REEVES: And I'd just like to 22 say, Judge, just to reiterate, there is nothing that 23 we're discussing regarding the ability to protest, or 24 exercise any of your freedoms of expression. That is 25 nothing that we're discussing. This is simply regarding 79 1 commercial use of the property. 2 COMMISSIONER MOSER: Okay. It was policy, 3 and we looked at various things like the Judge says, and 4 we'll bring those proposed policies back, okay. 5 COMMISSIONER REEVES: We're not trying to 6 inhibit anybody's freedom of expression. 7 JUDGE POLLARD: Yeah. So any way, we're not 8 anywhere close to getting the final one yet, but we're 9 making some progress, and we are working on it. 10 MS. LEITNER: And we appreciate that. 11 JUDGE POLLARD: Oh, and I can tell you this 12 that it's been suggested by the County Attorney that not 13 too distant future when we come up with some sort of a 14 final plan we'll set it for a public hearing and allow 15 public input on it. Let them look at it and make 16 suggestions, okay, and ask questions at that time. And 17 I don't think it's going to be too far off -- 18 MS. LEITNER: May I ask a question? 19 JUDGE POLLARD: -- and there's going to be a 20 couple Commissioners' Court before that happens. And 21 we're still working on it, made some major changes this 22 morning, so it's going to take a while to get those 23 typed up and looked at and massaged. Yes. 24 COMMISSIONER LETZ: Anke wanted to make a 25 comment. 80 1 MS. LEITNER: I was trying to see if you 2 guys consider allowing commercial enterprises or not, 3 because in my opinion I think everybody should have 4 access to the courthouse, and everybody is participating 5 in being a taxpayer. And I think it should not be 6 restricted to a non-profit that are actually not 7 participating in that issue. 8 JUDGE POLLARD: It's been the feeling of the 9 Court so far that commercial ventures using courthouse 10 grounds for commercial grounds is -- that's an improper 11 use of it, but we'll just revisit that issue, and that's 12 kind of the tone the way it's going right now, and maybe 13 that could change, you know, we'll comment later on. 14 Okay, thank you. 15 MS. LEITNER: Thank you. 16 JUDGE POLLARD: Anybody else have anything 17 to say? 18 All right. Is there any further business? 19 COMMISSIONER MOSER: And there was no action 20 taken on -- 21 JUDGE POLLARD: No action taken on anything 22 else. 23 We're adjourned. Thank you. 24 * * * * * * 25 81 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 21st 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