1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, May 8, 2017 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge HARLEY BELEW, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BOB REEVES, Commissioner Pct. 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioners' Comments. 5 4 1.1 Public Hearing for the revision of plat 8 for Lots 17-R and 18-R of Y.O Ranchlands, 5 Volume 7, Page 186, Pct. 4. 6 1.2 Public Hearing regarding setting the 8 speed limit on Byas Springs Rd. W. at 7 45 MPH, Pct. 4. 8 1.3 Consider, discuss and take appropriate 11 action for the Court's Final Approval 9 regarding setting the Speed Limit on Byas Springs Rd. W. at 45 MPH, Pct.4. 10 1.4 Consider, discuss and take appropriate 23 11 action for the Court to approve the revision of plat for Lots 17-R and 18-R 12 of Y.O. Ranchlands, Volume 7, Page 186, Pct.4. 13 1.5. Consider, discuss and take appropriate 24 14 action for the Court to approve additional funds for the walkway-path project at Flat 15 Rock Park, Pct. 2; reference Court Order #36065. 16 1.6 Consider, discuss and take appropriate 30 17 action to approve Resolution designating the several Colonia areas and notifying 18 the Texas Water Development Board and Texas Secretary of State of same. 19 1.7 Consider, discuss and take appropriate 34 20 action to award a contract with ARMKO Industries, Inc. for county-wide storm 21 damage consulting services. 22 1.8 Consider, discuss and take appropriate 37 action on revision of the Kerr County 23 Juvenile Detention Facility Policy and Procedure Manual. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 39 action on authorization of filling vacant 4 positions at the Kerr County Juvenile Detention Facility. These are budgeted 5 positions. 6 1.16 Consider, discuss and take appropriate 40 action regarding the Airport Budget for 7 Fiscal Year 2017/2018. 8 1.10 Consider, discuss and take appropriate 46 action to determine whether to allow the 9 retail fireworks permit holders to sell fireworks to the public in celebration of 10 Memorial Day, beginning May 24, 2017 and ending at midnight on May 29,2017: 11 Pursuant to the Texas Occupations Code, Section 2154.202(g)(3). 12 1.12 Consider, discuss and take appropriate 48 13 action to approve a donation of $25.00 for Kerr County Sheriff's Office Equipment Fund. 14 1.13 Consider, discuss and take appropriate 49 15 action to authorize the County Judge to sign contract with Huser Construction to 16 repair the fire damage at the Kerr County Law Enforcement Center (Justice of the 17 Peace #2 Office); Phase 1 of a two-phase repair. 18 1.14 Consider, discuss and take appropriate 54 19 action to approve the interlocal agreement between Kerr County and the Upper Guadalupe 20 River Authority for Guadalupe River crossing patrols and authorize County Judge to 21 sign et sign same. 22 1.15 Receive Order of the 216th and 198th 62 District Judges reappointing the County 23 Auditor. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.17 Consider, discuss and take appropriate 63 action concerning approving selection of 4 company to provide administrative services for the Center Point/East Kerr Wastewater 5 Project for TWDB 10366. Bids opened on 4/24/17 and entering into contract 6 negotiations. 7 5.1 Reports from Commissioners/Liaison 65 Committee Assignments as per attachment. 8 4.1 Pay bills. 69 9 4.2 Budget Amendments. 74 10 4.3 Late Bills. 74 11 4.4 Approve and accept Monthly Reports. 75 12 4.5 Auditor Reports. 76 13 5.2 Reports from Elected Officials/Department 76 14 Heads. 15 5.3 Reports from Boards, Commissions and 76 Committees. 16 a). City/County Joint Projects or Operations Reports 17 b). Other 18 *** Adjournment. 77 19 *** Reporter's Certificate. 78 20 * * * * * * 21 22 23 24 25 5 1 JUDGE POLLARD: All right, it's Monday, May 2 the 8th, 2017. It's 9 a.m. -- actually about 9:01, and 3 the Kerr County Commissioners' Court is in session. And 4 we'll begin today with the Commissioner Precinct 1, Mr. 5 Belew, will lead us in the player and the pledge. 6 (Prayer by Commissioner Belew, followed by 7 Pledge of Allegiance.) 8 JUDGE POLLARD: All right. This is the part 9 of the agenda as for the public to come forward and 10 speak on something that is not on the agenda. If you 11 have -- if you want to speak on something on the agenda, 12 you wait until that item is called, but if you wish to 13 speak something not on the agenda then come forward, 14 identify yourselves, state your address and limit 15 yourselves to three minutes, please, is there anyone 16 wishing to speak on something that is not on the agenda? 17 There being none, we'll go on to the next 18 part, and this is the Commissioners or the County Judge 19 to recognize achievements of persons in their Precinct 20 or to make comments on matters not listed on the regular 21 agenda. We'll start with Commissioner Precinct 1. 22 COMMISSIONER BELEW: I should have said this 23 a week or so back and I forgot it. But I had some 24 questions and people had questions in Precinct 1 out 25 toward Tierra Linda about the volunteer fire department 6 1 in response and Kerrville Fire Department, and I got 2 together with the chief of Kerrville Fire Department 3 Donnie Smith, and he -- Danny Smith, and he was very 4 helpful. We got the whole problem resolved, and I just 5 wanted to say it's an example of the City and County 6 cooperating, and there was full cooperation on his part. 7 He was just as good as he could possibly have been for 8 informing folks out there about how the system works 9 between the County and City. I wanted to relay that and 10 put it in the record. 11 JUDGE POLLARD: He's really a nice guy. 12 COMMISSIONER BELEW: Great guy. 13 JUDGE POLLARD: Thank you. Anything else? 14 COMMISSIONER BELEW: That's all. 15 COMMISSIONER MOSER: In that same vein 16 welcome the new City Council members, and with the 17 objective and intent of having no issues between the 18 City and the County. 19 JUDGE POLLARD: I hope that's true. 20 COMMISSIONER MOSER: That's where we are 21 now, so that's our challenge. 22 JUDGE POLLARD: Okay. I'll underline that, 23 that's about all I have to say. All right. 24 COMMISSIONER LETZ: I agree with that, and I 25 gotta go a little bit step further. I think it's great 7 1 to see a young person like Vincent want to get involved 2 in local politics, and worked hard, I think he's worked 3 very hard to get elected. And I think it's, you know, 4 the majority of us tend to be little bit on the older 5 side that serve, and -- 6 JUDGE POLLARD: I resort that. 7 COMMISSIONER LETZ: And it's nice to see a 8 young person really want to get involved and appreciate 9 that. And the other thing is congratulations to Tivy 10 baseball, they won 10 nothing and then 17 nothing in the 11 first round playoffs. And they will be playing in 12 Bastrop this Friday night and then I think it's a 7 -- 13 no, a 7:30 game I think in Bastrop, and they're playing 14 Foster High School out of Richmond, Texas. And then 15 they'll be playing here a double header, if needed or 16 maybe just a single game Saturday night. No, excuse me, 17 Bastrop again Saturday night. So anyway, good luck to 18 them. 19 JUDGE POLLARD: They're really playing well. 20 Mr. Reeves. 21 COMMISSIONER REEVES: Mine's on a more 22 somber note. West Kerr County lost a great gentleman 23 this past weekend, really the entire County did, and 24 that was Mr. Dub Haney. And just my thoughts and -- 25 JUDGE POLLARD: Oh, I didn't know that. 8 1 COMMISSIONER REEVES: -- everybody are with 2 his family and everything. It was about a year ago he 3 lost -- Dub lost Raye, and I mean they were an 4 inseparable pair. And so it's a somber time. So -- 5 JUDGE POLLARD: It is, really. Great guy. 6 Oh gosh, that's terrible, I didn't know about it. 7 Okay, we'll go to item 1.1 on the agenda. 8 This is a public hearing for the revision of the plat 9 for lots 17-R and 18-R of the Y.O. Ranchlands, volume 7, 10 page 186 of the official records of Kerr County, Texas. 11 This is situated in Precinct 4. 12 All right, I declare the public hearing 13 open. Is there anyone wishing to speak on this item? 14 All right, there being no one, I declare the public 15 hearing closed. 16 Well, let's see if we got a more 17 controversial one on 1.2. This is a public hearing 18 regarding setting the speed limit on Byas Springs Road 19 W. at 45 miles per hour, this is in Precinct 4. Is 20 there anyone wishing to speak on this matter? I declare 21 the public hearing open. Yes, Ma'am, step forward, 22 identify yourself, State your address, and let's hear 23 what you have to say. 24 MS. DISBRO: Okay. My name is Laura Disbro, 25 my address is 685 Byas Springs Road, and I understand 9 1 that they're trying to -- we currently don't have a 2 speed limit posted on there, so I'm assuming that it's 3 60 miles an hour. Most people think it's about 90 miles 4 an hour. So I think that they've -- that I've 5 understood that they're trying to set it at 45, and I've 6 lived there for six years and 45 is a bit slow. There 7 are a couple of blind places coming around corners, but 8 you shouldn't be going 60 miles an hour around there 9 anyway. The main problem hasn't been -- the accidents 10 that have been out there have not been due to speed; 11 they've been due to either recovering alcoholic, 12 somebody hiding from the law, which they do out there 13 quite often, but speed normally hasn't been an issue 14 with that. So after driving that road for that length 15 of time 45 seems like it takes you forever. It's like 16 trying to get across the State of Texas, but I would say 17 minimum of 50 to 55 would be a very safe speed on that 18 road, so -- 19 JUDGE POLLARD: Thank you, Ma'am. 20 Yes, Ma'am. 21 MS. YOUNGBLOOD: Hi, my name is Jan 22 Youngblood, I live at 335 Youngblood Trail, which is 23 just off Byas Springs. I agree with Laura, I think a 24 minimum of 50 would be appropriate. It's a good, good 25 road. There are very -- there's very little chance of 10 1 pedestrian traffic. Most of the -- most of the fences 2 along the road are high fences. I think 45 is too slow. 3 I think 50 or 55 would be more appropriate. That's all 4 I have to say. 5 JUDGE POLLARD: Have you talked to other 6 people, you two ladies talked to other people along that 7 road out there? Is your opinion the general opinion? 8 MS. YOUNGBLOOD: I think it is. 9 MS. DISBRO: The most part it is. Most of 10 the people who actually live there pretty much abide by 11 the laws. It's different ones that have moved in there 12 that are renters, and/or occasionally there's a few 13 places that have some hunting down there and they decide 14 to have a wild party, then you have these people that 15 think that it's the country road so you can just go on 16 the straightaway 70, 80 miles an hour. But there are a 17 lot of straightaways, and come up on hills and stuff, 18 but it's not anything that you wouldn't have the 19 appropriate time driving correctly to be able to stop. 20 JUDGE POLLARD: What you're saying is you 21 think 45 is too slow and probably going to be a lot more 22 people violating the law? 23 MS. YOUNGBLOOD: I think you'll have a 24 full-time job out there, yes. 25 MS. DISBRO: Yeah, I think 50 or 55 would be 11 1 more appropriate. It's my opinion it's a long trip to 2 town and make it even longer if it's 45. Thank you. 3 JUDGE POLLARD: Anyone else wishing to speak 4 on this at this hearing? I declare the public hearing 5 closed. 6 Going to item 1.3 consider, discuss and take 7 appropriate action for the Court's final approval 8 regarding setting the speed limit on Byas Springs Road 9 W. at 45 miles per hour. It was a more controversial 10 issue, wasn't it? Situated in Precinct 4. Careful what 11 you say. Kelly Hoffer. 12 MS. HOFFER: Exactly. Commissioner Reeves 13 received a phone call regarding the speed limit on Byas 14 Springs Road West. We did a traffic count on 3-6 of 15 2017 through 3-10 of 2017 on Byas Springs Road West. 16 The results from the two locations that the counts were 17 done showed the 85th percentile on box B at 60 miles an 18 hour and 61 miles an hour on box E. Charlie Hastings, 19 the County Engineer, reviewed the counts and felt that 20 60 and 61 miles an hour was too fast for this road and 21 felt that 45 miles per hour was a much safer speed. 22 Currently there is no speed limit signs posted on Byas 23 Springs Road West. At this time we ask the Court for 24 their final approval regarding setting the speed limit 25 on Byas Springs Road at 45 miles an hour, and this is in 12 1 Precinct 4. 2 COMMISSIONER REEVES: Kelly, I know we were 3 out there looking at some other issues. I'd like to 4 hear your personal opinion -- I know what you've just 5 read, but what is your personal opinion and I'd like to 6 hear -- is Charlie here today? 7 MS. HOFFER: Yeah, he's right there. 8 COMMISSIONER REEVES: Okay, I couldn't see 9 him. See from his engineering standpoint. I know that 10 one of the property owners in the first curve had 11 somebody go through their fence and actually from my 12 understanding went through the windshield out the 13 windshield, survived the accident, but he had to be 14 clipping along pretty fast to have that happen. Did 15 replace some chevrons in both the two front curves 16 because the reflectivity was the old engineering grade 17 sheathing, so we went into the prismatic which pops 18 during the day. We replaced all of that. We did some 19 raised pavement markers, they call them RPM's, in those 20 curves to try to guide through those curves, and when 21 this initially came in, I think that there is somebody 22 who is -- I don't know if they currently are or retired 23 DPS, but made a comment to people were driving too fast 24 through there and without a posted speed limit, it's 25 kind of hard to ticket people even though County roads 13 1 do have a minimum, I think it is 60 miles an hour if 2 it's not posted. But once it's posted because it's a 3 regulatory sign, that's why the Commissioners' Court has 4 to approve, it's not like putting up the yellow advisory 5 curve signs. A white and black sign is regulatory and 6 can be punishable by a fine and that's why the Court has 7 to do the approval. But Charlie and I drove that road 8 through these curves and we drove it at 45, and then we 9 had a ball bank meter that kind of rotates as you go 10 through the curve and it tells you what the maximum 11 speed is that you can take those curves. One speed is 12 little bit slower, I want to say it was 25 or 30, and 13 the other one I think was 35 miles an hour. We drove it 14 multiple times and the advisory curve signs were right 15 on the money according to the meter. And I personally 16 felt that the 45 was a safe speed, but again I don't 17 live on that road, don't have to drive every day into 18 town. But I think something does need to be posted, 19 because in one of the traffic counts there was one 20 person that drove that road at a hundred and three miles 21 an hour. And there were other counts that were up there 22 but you're supposed to go from the 85th percentile and 23 we really felt that 60, 61 miles an hour was way too 24 fast to drive that road. So your straightaways that's 25 fine, but if you're not familiar with the road, and it's 14 1 at night and your getting into one of those curves and 2 if you're clipping along at 60 miles an hour you will 3 never -- especially the one that has to drop down to 25 4 miles an hour you won't be able to hold that vehicle on 5 the road at 60 miles an hour if you don't know a curve 6 is coming up. So that's just my personal opinion. 7 COMMISSIONER REEVES: When I was out there 8 with them and I think we identified the hundred mile an 9 hour driver that day because we could hear him, and then 10 here he comes, there he went, so we were out there on 11 the side of the road when that was happening. Now that 12 is very possible that's the loan ranger out there. I 13 have talked to Constable Huffaker who has driven out 14 there, and he felt in the mid 40's would be a prudent 15 speed on that. I know out where I live, Lower 16 Reservation Road, I believe is at 45, and it's a 17 straight road and everything, so you know it's not 18 unusual to have a county road out in that end that is a 19 little slower than 50 or 55. Mr. Hastings, do you have 20 any comment? 21 MR. HASTINGS: Just the thing that we need 22 to bear in mind when we're setting speed limits, we're 23 setting it at not just for the folks that are familiar 24 with it, but for folks that are visiting and never been 25 down the road before. And they could be visiting coming 15 1 at night, the speed limit's not just a daytime speed 2 limit, it's a nighttime speed limit. We do have a 3 narrow right-of-way through this, you're going to have 4 probably the biggest issue is going to be animals on the 5 side of the road trying to cross the road. But you want 6 a speed limit set that's going to give everyone the best 7 chance in the worst conditions. Could be ice, it could 8 be snow, it could be rain, it could be at night, etc. 9 etc. We feel very comfortable with 45 as a speed limit. 10 MS. HOFFER: The right-of-way on that road 11 is 40, which is very small. The current subdivision 12 rules and regs on the minimum right-of-way if you're 13 going to build a new road is 60, and it can even get 14 bigger depending on how many lots you're going to have, 15 but current minimum is 60. And the pavement width on 16 that road is 18 feet, which 20, 22 is what we're doing 17 now, even 24. So Charlie is correct it is a narrow 18 right-of-way, and pavement width is at 18. It's not 19 like what the current roads are going to be built to the 20 specs that they're going to be built. 21 COMMISSIONER MOSER: Kelly, a question on 22 the curves that you and Charlie mentioned. Are they 23 marked at a lower speed? 24 MS. HOFFER: Yes. They have the yellow 25 advisory signs. 16 1 COMMISSIONER MOSER: All right so just 2 recommending. 3 MS. HOFFER: Basically it's telling you this 4 is our advice on the speed you should drive in this 5 curve. If you are driving that curve a little bit 6 higher you can't be ticketed because it's solely an 7 advisory. But if you have an accident and the laws -- 8 law enforcement finds you're exceeding the speed limit 9 maybe because the pavement is wet. You know a posted 10 speed limit sign doesn't always mean, too that that's 11 the speed you oughta drive if the roads are wet, you as 12 a driver should know that you probably should slow it 13 down a little bit from what -- 14 COMMISSIONER MOSER: So those curves are 15 marked. 16 MS. HOFFER: Yes, they are marked. 17 VOICE: No, there's not. There's no speed 18 limit signs on that road period. 19 MS. HOFFER: Well, there isn't now because 20 there is not a current regulatory -- 21 VOICE: There's not even any warning signs 22 that -- 23 MS. HOFFER: Yes, there is. We drove two 24 front curves and -- 25 THE REPORTER: One at a time, please. 17 1 MR. HASTINGS: We have some advisory -- 2 VOICE: No. 3 MS. HOFFER: We drove them. One's 25 and 4 the other one -- 5 VOICE: Not on Byas Springs Road; I've been 6 there for six years. 7 COMMISSIONER REEVES: You're talking the one 8 at Mr. Siphens(phonetic) -- 9 THE REPORTER: One at a time please. 10 VOICE: And the girl that went through the 11 fence there hit a tree, she didn't go through, but she 12 also came through there on a curve, which I agree should 13 probably be less than 45 miles an hour on a curve, and 14 she almost hit the gate. There's been another accident 15 that they took out the sign and took out another tree on 16 the opposite side of the road doing the same thing. The 17 first part of the road which is up about a mile up to 18 his place has a lot of curves, comes up, goes through 19 Johnson Creek, comes up around a curve and another 20 curve, and then you are blinded by the sun, so your top 21 speed shouldn't be more than 25 miles coming up around 22 there. But the ones that are going to continue to break 23 the law are going to continue to break the law. And 24 then you have straightaways for the next three miles, is 25 a straightaway until you hit the curve down at 701. And 18 1 then another two or three mile long stretch before you 2 hit another curve, so they're not posted. 3 COMMISSIONER MOSER: So there may -- sounds 4 like -- so it sounds like there may not be signs -- 5 VOICE: Well, when we were out there when we 6 met with Bob and Mr. Siphen there are small little 7 placards underneath the yellow diamond that shows what 8 direction the curve is going, and they have a speed 9 under there. Now unless somebody has taken them, but I 10 know when we were out there with you Bob, both of those 11 curves had the small placard underneath the curve signs 12 for the advisory speed in the curve. 13 MR. HASTINGS: I'll say one more thing you 14 know. I have sympathy and empathy for long roads that 15 are at 45 miles an hour. I get it, I've driven them, 16 live on one, but if we're going by what the books say 17 about what speed limit should be set, if we want this to 18 be more than 45 miles per hour we need to go and put 19 some wider shoulders out there, that's the issue, it's 20 the actual pavement width that we're concerned about 21 for that speed. If it was wider we could go higher, but 22 it's not. And that's our concern for now. And I think 23 for now 45 would be a safe and prudent speed if we're 24 going to have it posted. 25 COMMISSIONER MOSER: Good point. 19 1 JUDGE POLLARD: Anybody else have -- 2 VOICE: The only other thing that I would 3 add to that is he spoke about animals being on there. 4 The only animals on there as far as being on road and 5 having to avoid animals is at the beginning of the road 6 and then after you come up from passed the orchard, 7 which is at right at not even a mile, everything is high 8 fenced all the way around except for one section. So 9 very seldom are there any animals on the road. People 10 are pretty good about keeping their goats closed and not 11 having animals there. 12 MR. HASTINGS: That's good. 13 JUDGE POLLARD: High fences don't always 14 keep animals in. 15 MS. DISBRO: That's true. And sometimes 16 they keep them -- 17 JUDGE POLLARD: Sometimes they keep them on 18 the road, that's right. 19 JUDGE POLLARD: All right. 20 COMMISSIONER REEVES: You're right on the 21 high fencing until you get towards the termination point 22 back there. And I'm not telling you anything because 23 you live out there, but having driven it, and I 24 appreciate your comments on that. I'm one who don't 25 like long drives and I want to get home or want to get 20 1 to town, but with the road and bridges department and 2 the engineers department recommendations, because of the 3 narrow right-of-way and we do know it was narrow 4 pavement in there, I feel I must go with their 5 recommendations on the speed just from their study and 6 the time they've put into it. I will say -- well, I 7 joke that we saw the hundred mile an hour driver just 8 based on the time that he came through, that's probably 9 a very rare occasion, but I know on the traffic counts 10 he was coming through there. 11 I feel I must go with the Engineer's 12 recommendations, but I appreciate the input and I will 13 say we will monitor this, and therefore, I make a motion 14 to authorize the speed limit on Byas Springs Road West 15 at 45 miles per hour as recommended by Road and Bridge 16 and County Engineering Department. 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Reeves, seconded by Commissioner Letz to approve the 20 speed limit Byas Springs Road West to direct that it be 21 45 miles per hour. Is there any further questions or 22 discussion? 23 COMMISSIONER LETZ: I'll make a comment, 24 Judge. And I agree that a lot of these roads, you know, 25 it's frustrating to have to drive 45 on them. I live on 21 1 a road like that. But I also live on a road that there 2 have been two or three fatalities in the last couple of 3 years because of the narrowness of it. And there's not 4 a lot of curves, but where the curves are, so I think 5 they've come to the Court we have an obligation to go 6 ahead and put a speed limit on it, and protect the 7 County and protect the public. 8 JUDGE POLLARD: And considering the worst 9 case scenario is what the Engineer indicated they have 10 to plan for, bad weather, whatever. And I think I agree 11 with that, too. But I do have one question to you, Mr. 12 Reeves. You said you identified that hundred mile an 13 hour driver. How'd you do that when he was going so 14 fast? 15 COMMISSIONER MOSER: He went a hundred and 16 two to catch him. 17 COMMISSIONER REEVES: I didn't know the Road 18 & Bridge truck -- 19 JUDGE POLLARD: Did you know who he was? 20 COMMISSIONER REEVES: No, didn't know who he 21 was. 22 JUDGE POLLARD: Well, you didn't identify 23 him. 24 COMMISSIONER REEVES: We just all got 25 against the fence when we heard that diesel coming. 22 1 COMMISSIONER MOSER: I have a comment, 2 Judge, is I would go with the public on this until I 3 heard the County Engineer's study about the width of the 4 road. I think that that's critical when it's that 5 narrow you have to restrict it. If it was a full 6 60-feet easement and plenty of room to respond to 7 animals and so forth, so -- 8 JUDGE POLLARD: Spoken like a true loyal 9 engineer. 10 COMMISSIONER MOSER: Right, we have to stick 11 together against the lawyers. Okay, that's all I have 12 to say. 13 JUDGE POLLARD: You have any comments? 14 COMMISSIONER BELEW: I just share your 15 frustration, ladies. I drive a road like that everyday, 16 twice a day, and if the road's marked 45 a lot of people 17 will do 35, and there's blind curves and it's a pain, 18 but it's safer. 19 MS. YOUNGBLOOD: You have people going all 20 different speeds out there and stuff, but sad part about 21 it is unless you're out there twenty-four seven the ones 22 that are going a hundred and one are still going to go a 23 a hundred and one, which causes problems for everybody 24 out there. So they have no intentions of doing anything 25 otherwise. 23 1 COMMISSIONER BELEW: But that engineering is 2 all designed to see what's going to be the safest 3 speed -- 4 MS. DISBRO: I understand that. 5 COMMISSIONER BELEW: -- which helps me make 6 my mind up. 7 JUDGE POLLARD: Okay, I assume there's no 8 further discussion or comment. Those in favor of the 9 motion signify by raising their right hands. It's four 10 zero, unanimous. Thank you very much. Thank you, 11 ladies, appreciate your thoughts on it. 12 JUDGE POLLARD: All right, let's go to item 13 1.4 on the agenda. Consider, discuss and take 14 appropriate action for the Court to approve the revision 15 of the plat for Lots 17-R and 18-R of Y.O. Ranchlands 16 volume of record in volume 7, page 186 of the real 17 property records. I guess that's the map records, Plat 18 Records of Kerr County, located Precinct 4. 19 Mr. Hastings. 20 MR. HASTINGS: Thank you. The owners of 21 lots 17-R and 18-R, 60 and a 120 acres respectively, 22 they wish to adjust the lot line between the two lots 23 to follow an existing fence as depicted in the image 24 y'all are looking at that right now. The proposed lots 25 17-R1 and 18-R1 will be 91.84 and 88.83 acres 24 1 respectively. Both lots are partially in the flood 2 zone, floodplain Zone A, and will be served by a private 3 well and OSSF, and both lots meet Kerr County 4 subdivision minimum standards. 5 We just had a public hearing on it this 6 morning and the County Engineer requests the Court 7 approve the revision of plat for lot 17-R and 18-R of 8 Y.O. Ranchlands, Volume 7, Precinct 4. 9 COMMISSIONER REEVES: I move for approval of 10 the agenda item. 11 COMMISSIONER MOSER: Second. 12 JUDGE POLLARD: Been moved by Commissioner 13 Reeves, seconded by Commissioner Moser to approve the 14 agenda item 1.4, and that is to approve the revision of 15 the plat for Lots 17-R and 18-R of the Y.O. Ranchlands 16 of record in Volume 7, page 186 of the Plat Records of 17 Kerr County, Texas. Any further discussion or comment? 18 There being none, those in favor signify by raising your 19 right hands. It's four zero, unanimous. Thank you. 20 Item 1.5 consider, discuss and take 21 appropriate action for the Court to approve additional 22 funds for the walkway path project at Flat Rock Park. 23 Additional funds. This is in Precinct 2. Kelly. 24 MS. HOFFER: Jake Williamson, General 25 Manager for the Hill Country Youth Exhibit Center came 25 1 to the Court on April 10th, 2017 to request funding to 2 have the Road and Bridge Department build a walk path 3 from Riverside Drive to Flat Rock Park. The Court 4 approved for funding on that not to exceed 15 hundred 5 dollars from the capital improvement fund. We had to 6 change up the design to meet ADA regulations. We came 7 up with a great design. As far as I know most of it is 8 completed, I don't know if the lock -- 9 MR. WILLIAMSON: It is. 10 MS. HOFFER: -- on the gate, is it 11 completed? 12 MR. WILLIAMSON: Yes. 13 MS. HOFFER: I did send to Commissioner 14 Moser and Commissioner Reeves pictures of it. I went 15 out there, it really looks very nice. We have not 16 gotten all the final billing in, but we kind of did a 17 ballpark figure, and we think we might possibly be about 18 500 dollars short from the initial 15 hundred, may or 19 may not. We should start getting the bills in for 20 everything. 21 But we came to the Court today to ask for an 22 additional 500 just to make sure we're covered when all 23 the final bills come in. 24 JUDGE POLLARD: Are you going to spend this 25 additional 500? 26 1 MS. HOFFER: I hope not. What I hope is 2 we're even under it. But I would rather not delay 3 payment to vendors, or be paying out of the Road & 4 Bridge budget right now because we just started our 5 sealcoat and -- 6 COMMISSIONER MOSER: Are you confident 500 7 will cover it? 8 MS. HOFFER: Uh-huh. 9 COMMISSIONER REEVES: And this is coming out 10 of the certificate of obligation for the parks, and one 11 thing -- I don't know, Commissioner, if you've been by 12 to look at it on the ground? 13 COMMISSIONER MOSER: I have. 14 COMMISSIONER REEVES: It's a great job. 15 COMMISSIONER MOSER: Yeah, it is. 16 COMMISSIONER REEVES: And it really provides 17 more access. One thing I was noticing, and if we 18 shouldn't authorize maybe a little more on this to 19 prevent for some type of erosion prevention on where 20 they had to come in and cut that bank back. Some kind 21 of overseeding with grass or something like you see out 22 on the highways on projects just to keep that bank 23 from -- 24 COMMISSIONER MOSER: Right, that's the 25 reason I asked Kelly would 500 do it. 27 1 MS. HOFFER: Well, to do what has been 2 completed. 3 COMMISSIONER MOSER: Just to finish it. 4 MS. HOFFER: What Bob is talking about we 5 can take that HYBRID Seeder that we've got that's got 6 the green mulch that you mix in with the seed. 7 COMMISSIONER MOSER: What do you need? 8 MS. HOFFER: I would say if you went a 9 thousand, we would be fine. A thousand or above, 15 10 hundred. 11 COMMISSIONER REEVES: You're in landscaping, 12 what do you think, would that work? 13 COMMISSIONER LETZ: That'll work. Either 14 that or the erosion mat, the excelsior mat. Depends on 15 how steep it is, if it's steep the erosion mat will work 16 a lot better, if it's relatively flat the hydromulch 17 works fine, it's less expensive. 18 MS. HOFFER: We've got the hydromulch in 19 stock. 20 JUDGE POLLARD: You don't have an erosion 21 mat in stock? 22 MS. HOFFER: No. We don't do too much of 23 that. It's more labor intensive. 24 COMMISSIONER LETZ: It's probably a thousand 25 square feet. 28 1 COMMISSIONER MOSER: How many square feet? 2 MS. HOFFER: A thousand square feet. 3 COMMISSIONER MOSER: A thousand square feet, 4 okay. 5 COMMISSIONER LETZ: A couple hundred dollars 6 would probably get you plenty. 7 COMMISSIONER REEVES: So either way we 8 needed the five hundred for the granite, and another 9 500 -- 10 COMMISSIONER LETZ: And that should cover 11 it. That gets you in good shape. 12 COMMISSIONER REEVES: And take the 13 additional funds like this out of the certificate of 14 obligation. 15 COMMISSIONER MOSER: Yeah, the capital 16 improvement for the parks. 17 MS. HOFFER: I will try to get it to fit in, 18 we started our sealcoat program last week and we're 19 hitting the ground running. 20 COMMISSIONER MOSER: I move for approval not 21 to exceed a thousand dollars additional funds for the 22 pathway at Flat Rock Park to be taken out of the capital 23 improvement funds for the parks, which is part of the 24 certificate of obligation. 25 COMMISSIONER REEVES: I'll second. 29 1 JUDGE POLLARD: Been moved by Commissioner 2 Moser, seconded by Commissioner Reeves to authorize 3 the -- was it a thousand or 15? 4 COMMISSIONER MOSER: A thousand. 5 JUDGE POLLARD: A thousand dollars 6 additional funds for the pathway at Flat Rock Park. 7 COMMISSIONER MOSER: Yeah, not to exceed a 8 thousand. 9 JUDGE POLLARD: Does that include using 10 the -- what do you call it, Jon? 11 COMMISSIONER LETZ: Yeah, either the erosion 12 mat for the seeding of -- 13 JUDGE POLLARD: Sounds like the erosion mat 14 would be better. 15 COMMISSIONER REEVES: I believe leave it up 16 to them. 17 COMMISSIONER LETZ: Leave it up to them. 18 I'll be glad to look at it and -- 19 MS. HOFFER: We can do the hydromulch, and 20 maybe if Jonathan feels the mat, maybe Tim's guys and 21 maintenance can roll the mat down and do it. But you 22 know if it's the spray-on we can do it, it won't take 23 much. 24 JUDGE POLLARD: Have you gotten more than 25 you asked for when you came to Commissioners' Court? 30 1 COMMISSIONER MOSER: Maybe you can get the 2 mat down before it starts raining this week, before it 3 erodes. 4 JUDGE POLLARD: Is there any further 5 discussion or comment? There being none, those in favor 6 of the motion signify by raising your right hands. It's 7 four zero, unanimous. Thank you very much. 8 COMMISSIONER MOSER: Thanks, Kelly. Good 9 job out there. 10 MS. HOFFER: Thank you. 11 JUDGE POLLARD: Item 1.6 consider, discuss 12 and take appropriate action to approve resolution 13 designating the several Colonia areas and notifying the 14 Texas Water Development Board and Texas Secretary of 15 State of same. Hi, Katie. 16 MS. FALGOUST: Good morning. How you doing? 17 JUDGE POLLARD: Good. Welcome. 18 MS. FALGOUST: So back in 2002 the County 19 had completed a Colonia plan and there were several 20 areas identified as Colonia that ended up not being 21 included or designated as Colonia by the County. So 22 before you today is a resolution that designates five 23 different areas in the East Kerr County sewer project 24 area that would be designated as Colonia, and low to 25 moderate income households in this area would then be 31 1 eligible to apply for, you know, various grants that the 2 County may be applying for for the free sewer 3 connection, so if the Cypress Park, Cypress Tree, 4 Nickerson Farms, Skyline and Verde Creek colonias. And 5 the process is that the Water Development Board would 6 define Colonia numbers to these areas, and then the 7 Secretary of State would add them to an online 8 directory, and that process takes about a week. And 9 based on the maps that are included in the packet there 10 are about a hundred and 70 households in those five 11 areas. 12 COMMISSIONER MOSER: Katie, that increases 13 it by a a 175 from -- about how many are in there now? 14 MS. FALGOUST: That's a good question. I 15 think it's about like two hundred and fifty people in 16 the West Wood and -- 17 MR. HASTINGS: Yes. 18 MS. FALGOUST: So double. 19 COMMISSIONER MOSER: So about 60 percent 20 more or something like that, or 80 percent more. 21 MS. FALGOUST: Yes. So just basically this 22 would allow for more individuals in the East Kerr County 23 area to be eligible for the assistance program. 24 COMMISSIONER MOSER: Might say this. This 25 is important because this enables those people that meet 32 1 the economic criteria with the Department of -- the 2 Texas Department of Agriculture funds to receive the 3 attachment for the hookup to the sewer system at no cost 4 to them, which is typically about 45 hundred dollars. 5 So they've got to be in that, correct me if I'm wrong, 6 to receive those funds. 7 MS. FALGOUST: That's correct. 8 COMMISSIONER MOSER: Economic criteria, 9 right. 10 MS. FALGOUST: For both the Colonia and the 11 Colonia EDAP program, which is a grant program that the 12 County will likely be applying for this summer. And 13 basically how these areas were identified again by the 14 Colonia plans that were done, and then Charlie, and the 15 Commissioners have reviewed the maps to identify these 16 areas and the definition of the Colonias, you know, how 17 these areas were identified. They meet the Federal, you 18 know, act that they had existed before 1990. I don't 19 know if anybody has questions or Charlie has anything. 20 COMMISSIONER BELEW: So this doesn't add 21 anything to the cost of the project -- 22 MS. FALGOUST: No. 23 COMMISSIONER BELEW: -- it's all grants. 24 MS. FALGOUST: Yeah, it's all for the TDA 25 grant funding that these individuals who live in these 33 1 areas would be eligible for, it's a hundred percent 2 grant money. There's oftentimes a percent that's 3 matched, but oftentimes like the Water Development Board 4 funding can count towards the match. 5 COMMISSIONER MOSER: This is just an 6 enabling thing. So I'll move for approval of the 7 Resolution designating the several areas delineated in 8 the things which attached to the resolution, for 9 notifying the Texas Water Development Board, and the 10 Secretary of the State of same to increase the Colonia 11 areas in East Kerr County as so designated. 12 COMMISSIONER LETZ: Second. 13 JUDGE POLLARD: Been moved by Commissioner 14 Moser, seconded by Commissioner Letz to approve the 15 Resolution designating the several Colonia areas 16 designated in the Resolution and notifying the Texas 17 Water Development Board and Texas Secretary of State of 18 same. Is there any further comment or discussion? 19 COMMISSIONER LETZ: I'll just make a comment 20 that these areas qualify from the standpoint of 21 economics to be Colonia. We don't go out there and just 22 wave our hands and say they're Colonias. We don't go to 23 River Hills and say they're Colonias and get free 24 hookups. These people legitimately need the financial 25 assistance and that's what we've done in the past, we 34 1 have to go in and do a study in the area before you have 2 the authority to designate -- 3 JUDGE POLLARD: And there are funds, federal 4 funds available through that Agricultural Department 5 for those people; it's not coming out of our budget. 6 All right, any further comment or 7 discussion? 8 COMMISSIONER REEVES: I'm assuming the 9 motion and second included the allowing the Judge to 10 sign necessary forms. 11 COMMISSIONER MOSER: Yeah. But should the 12 Resolution have the Court signing it, or the Judge? 13 COMMISSIONER REEVES: I believe the Judge. 14 COMMISSIONER MOSER: And modify the motion 15 to allow Judge to sign same. 16 JUDGE POLLARD: Does the second agree to 17 that? 18 COMMISSIONER LETZ: That's fine. 19 JUDGE POLLARD: Those in favor of the motion 20 signify by raising their right hands. Four zero, 21 unanimous. 22 MS. FALGOUST: Thank you. 23 JUDGE POLLARD: Item 1.7 consider, discuss 24 and take appropriate action to award a contract with 25 Armko Industries, Inc. for county-wide storm damage 35 1 consulting services. Mr. Hastings and Mr. Reeves. 2 COMMISSIONER REEVES: I'll let Mr. Hastings 3 discuss it a little bit and I'll follow up. 4 MR. HASTINGS: Thank you. 2016 May, I 5 believe it was, we had quite a bit of hail damage 6 throughout the County, County facilities. I think TAC 7 our insurance provider has come out and investigated 8 that, and they put together a claim and adjustors come 9 out and helped us with that. But in also going through 10 that process they recommended that we get a consultant 11 to help us put plans and specs together for bidding this 12 work. And so we had a committee that the Court 13 appointed several weeks ago to go through the request 14 for qualifications from several different architectural 15 and engineering-type firms that do this sort of work and 16 Armko was selected by the committee. 17 You've got a contract that I believe the 18 County Attorney has looked at rigorously and has 19 approved, and I think we're ready to just move forward 20 with that with Armko. 21 COMMISSIONER REEVES: And to add to that 22 Texas Association of Counties, is that correct, Mrs. 23 Doss, will be paying this fee? 24 MRS. DOSS: Yes, Sir. 25 COMMISSIONER REEVES: And the total -- the 36 1 fee will be 6.5 percent of the whatever the roofing and 2 HVAC construction contract is, plus 250 dollars per 3 sample for lab tests, and then reimbursable expenses, as 4 far as actual costs of roof production, copies, any fees 5 that may be incurred for securing a building permits 6 and advertising for bids, because the size of this 7 project will require bids. With that, and do you concur 8 with everything in the contract? 9 MRS. STEBBINS: Yes, Sir. I reviewed the 10 contract and we had some suggested changes and Mr. Perry 11 made those changes within a few short minutes, and it's 12 been signed already by Armko. 13 COMMISSIONER REEVES: I move for approval of 14 signing and awarding the contract for Armko and 15 authorize the County Judge to sign as needed. 16 JUDGE POLLARD: Been moved by Commissioner 17 Reeves, is there a second? 18 COMMISSIONER LETZ: Second. 19 COMMISSIONER MOSER: Second. 20 JUDGE POLLARD: All right, seconded by 21 Commissioner Moser concerning item 1.7 on the agenda, 22 that is to take appropriate action to award a contract 23 with Armko Industries, Inc. for county-wide storm damage 24 consulting services and authorize the County Judge to 25 sign the contract. Is there any further comment or 37 1 discussion? There being none, those in favor of the 2 motion signify by raising your right hands. It's four 3 zero, unanimous. 4 All right, we have a timed item at 9:30, 5 item 1.11, we'll have 20 skip to that. Consider, 6 discuss and take appropriate action on request to use 7 courthouse grounds on a weekly basis on Wednesday 8 evenings from 4 to 7 p.m. for a farmer's market. And I 9 am told by Jody that those folks have requested that we 10 pass that -- 11 MRS. GRINSTEAD: Until next meeting. 12 JUDGE POLLARD: -- until next Commissioners' 13 Court. Okay, all right. There's another timed item on 14 the agenda -- well not quite 9:45. 15 Okay, we'll go to 1.8 consider, discuss and 16 take appropriate action on the revision of Kerr County 17 Juvenile Detention Facility Policy and Procedure Manual. 18 Jason Davis. 19 MR. DAVIS: Good morning, Your Honor, 20 Commissioners. As the Court aware we recently changed 21 the Health Service Authority at the Juvenile Detention 22 Facility. This Court approved an order changing that to 23 Shelia Mays and Peterson Medical Associates. We had to 24 notate in all of our policies and procedures per 25 standard requirements, and we have to go in and 38 1 specifically name who is the Health Service Authority. 2 This has been in review at least for a week, I believe, 3 in your office. It's changed to Shelia Mays so our 4 policy matches the Court order. She also had some 5 updated standing orders that she wanted put in place, 6 and so we had made those changes per her request. I've 7 submitted those to the County Attorney at a late time -- 8 I'm not sure she's had time to review -- 9 MRS. STEBBINS: I have. 10 MR. DAVIS: So the County Attorney has 11 reviewed them. 12 JUDGE POLLARD: Okay. Is there a motion? 13 COMMISSIONER LETZ: Yes. I make a motion 14 that we approve the revisions of the Kerr County 15 Juvenile Detention Facility policy and procedure manual 16 as provided. 17 COMMISSIONER BELEW: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Letz, seconded by Commissioner Belew to approve the 20 revision of the Kerr County Juvenile Detention Facility 21 policy and procedure manual as presented. And I guess 22 authorize the execution of it, hu? 23 MR. DAVIS: Yes, Sir, put it into place. 24 Certainly yes, Sir. 25 JUDGE POLLARD: Put in place, all right. Is 39 1 there any further comment or discussion about that? 2 There being none, those in favor of the motion signify 3 by raising your right hands. It's four zero, unanimous. 4 Still not quite 9:45. 1.9 consider, discuss 5 and take appropriate action on the authorization for 6 filling vacant positions at the Kerr County Juvenile 7 Detention Facility. Mr. Davis. 8 MR. DAVIS: We have one individual who's a 9 part-time male employee that has resigned his position 10 last week, and I would like permission to fill that 11 position with another part-time male when we have 12 someone available to fill that. These are budgeted 13 positions; we're not adding any staff. I'm just filling 14 up a vacant hole. 15 COMMISSIONER REEVES: I make a motion to 16 authorize to fill the vacant position at the Kerr County 17 Juvenile Detention Facility, which is a budgeted 18 position. 19 COMMISSIONER LETZ: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Reeves, seconded by Commissioner Letz to authorize the 22 filling of the vacant position at the Kerr County 23 Juvenile Detention Facility as suggested by Mr. Davis -- 24 as presented by Mr. Davis. Is there any further 25 discussion or comment? There being none, those in favor 40 1 of the motion signify by raising your right hand. It's 2 four zero, unanimous. 3 MR. DAVIS: Thank y'all. 4 JUDGE POLLARD: Thank you. I'm going to say 5 that it's now 9:45. 6 COMMISSIONER MOSER: It is. 7 JUDGE POLLARD: And we'll jump to item 1.16 8 consider, discuss and take appropriate action regarding 9 the Airport budget for the fiscal year 2017 and '18. 10 Mr. Corey Walters, welcome. Thank you, Sir. 11 MR. WALTERS: Good morning, how are y'all? 12 I appreciate the opportunity to speak to the Judge and 13 the Commissioners here today on behalf of the Airport 14 Board and the Airport Manager. This is a significant 15 day for the airport and for our operating budget to be 16 presented. 17 We had a little history about our budget. I 18 think about seven years ago the airport was running at a 19 deficit of about 450,000 a year. We, the airport -- 20 and when I speak of the airport I'm speaking of the 21 Airport Board, the Manager, the airport manager's 22 office, and our owners as well. That I think we all 23 felt like we couldn't continue to sustain this type of 24 operating deficit, and we looked for ways that we could 25 start to basically trim the budget and get it in line. 41 1 In 2010 we were talking about our 2011 budget, and 2 Commissioner Letz came up with an idea that the County 3 could provide services that we were outsourcing for the 4 operation of the airport and could provide those at a 5 considerable savings. And we pursued that idea with the 6 County and we started realizing that we could get 7 considerable savings. We went straight to the bottom 8 line. And it was a significant idea for the airport and 9 it really was a big piece of the puzzle that kind of put 10 us on the path to where we are today. 11 So we -- the term of -- for several years 12 the term of revenue neutral was being tossed around as a 13 goal for the airport, and revenue neutral to me means 14 that our revenue is equaling our expenses. Well, the 15 goal of the airport really is to exceed that, and that 16 we are revenue positive. We want to operate this 17 airport in the black so that we're making money for our 18 owners, and to -- our goal is really the twofold. One 19 to be operate the best airport that we can afford to be, 20 and two operate in the black, and what you have today 21 before you for our 2018 fiscal year budget is a budget 22 that is proposed to operate in the black and that is 23 revenue positive. 24 JUDGE POLLARD: Costing the County and the 25 City nothing. 42 1 MR. WALTERS: Costing the County and the 2 City nothing, zero. 3 COMMISSIONER MOSER: Let me echo what Corey 4 said, too in recognition of what Commissioner Letz and 5 Commissioner Williams did at the time. I was on the 6 Airport Board then when they came with that suggestion, 7 which as Corey said was a major step in moving this 8 direction. So they're to be thanked for being creative 9 that way. Very very good. And then the tight 10 management out there. Can't say enough good things 11 about that facility. I would add one thing. If people 12 look at, you know, a facility like that it is a nice 13 thing to have, and we did a little study with the master 14 plan that said it's worth 15 million a year in the 15 economy, I think. But one of the things that wasn't 16 considered which happened what, two weeks ago, there 17 were eight 45 million dollar aircraft sitting out there. 18 Eight. Somewhere in the neighborhood of 40 million 19 dollars each, came into this facility, into this area 20 for the weekend. They probably spent some money. Now, 21 that -- that impact positive impact to the economy is 22 not reflected in that so the bottom line is that asset 23 that we have out there, is really excellently run and is 24 a major, major asset, and we should, you know, 25 acknowledge those including Carole Dungan who's here 43 1 today is the secretary out there, administrative 2 assistant for doing a great job. 3 So I move that we approve the budget as 4 requested that Corey Walters has submitted from the 5 Airport Board to the County. 6 COMMISSIONER LETZ: Second. 7 JUDGE POLLARD: In regard to the timed item 8 at 9:45, the budget submitted by the Airport Board for 9 the fiscal year 2017 and '18 to be a positive 10 money-making budget is very happily received, and it 11 was -- let's see, it was moved by Commissioner Moser and 12 seconded by Commissioner Letz. Is there any further 13 discussion about that motion? 14 COMMISSIONER LETZ: I want to make a comment 15 a little further is I think the direction the airport's 16 gone is phenomenal. If you go back to before 2011 it 17 was a pretty rough period in there during a lot of that 18 two thousands. But hats off to the Airport Board, 19 because they have run it like a business. I mean Tom 20 and I go to most of their meetings, and when they talk 21 about building T-hangars and stuff, it's not just like 22 oh it's government money; they really look at it like 23 it's a business. If it doesn't have the cash flow to 24 justify itself for a period of time and they say no and 25 go back to the drawing board, so I appreciate everything 44 1 y'all do. 2 And also to go back to something Harley 3 mentioned earlier, is a lot of the projects out there, 4 the capital projects have been done on joint ventures 5 between the City and the County on the construction side 6 of it, and hats off to the City, and our Road and Bridge 7 Department, and Engineering, they work together on this 8 on a lot of different projects out there that have saved 9 the taxpayers a lot of money. 10 COMMISSIONER MOSER: There was -- to pick up 11 on that, I think the City and the County there was an 12 old paint hangar out there that was going to have to be 13 torn down or something, but instead the Airport Board 14 looked at it and said well we spent like 50 thousand 15 dollars on it or something. 16 MR. WALTERS: Just under 50. 17 COMMISSIONER MOSER: And get return on 18 investment in less than three years as I recall. 19 MR. WALTERS: That's correct. We're getting 20 about $16,800 a year in revenue. We have three tenants 21 in there right now, and a fourth that's interested. And 22 our projection is $16,800 a year in revenue. 23 COMMISSIONER MOSER: So that's a perfect 24 example. But to put a road into it, the County did the 25 road, the City did all of the asphalt mix around the 45 1 hangars, so there was another example of Airport Board, 2 City, County working together to increase that asset. 3 MR. WALTERS: And that's exactly right. 4 That's one of the things I did want to mention today is 5 the Airport Board works hard. Bruce McKenzie, the 6 airport manager works hard to control our expenses. 7 Carole does an excellent job in putting this information 8 down on paper, and but it really is a combined effort 9 between those parties as well as the City and the County 10 and the assistance that we do get from our owners in 11 making some of these things happen on an efficient and 12 cost effective basis, and we really appreciate that. 13 And that also goes directly to the budget 14 that we're presenting here today. So you have 15 yourselves and your staff to be thankful as well. 16 JUDGE POLLARD: Also, the original idea was 17 right here with Commissioner Letz -- 18 MR. WALTERS: And it was. 19 JUDGE POLLARD: -- and put it in motion. 20 MR. WALTERS: It really did. 21 JUDGE POLLARD: Thanks to him for thinking 22 outside the box on that and getting this started. 23 MR. WALTERS: It really was. It was a big 24 piece that really put us on the path to where we are 25 today. Thank you very much. 46 1 COMMISSIONER REEVES: My compliments to you, 2 to the Board, and please express it. 3 MR. WALTERS: I sure will. Thank you. 4 JUDGE POLLARD: All right, those in favor of 5 the motion signify by raising your right hands. It's 6 four zero, unanimous. Thank you very much. 7 COMMISSIONER MOSER: Thanks, Corey. 8 COMMISSIONER LETZ: Thanks, Corey. 9 MR. WALTERS: It was our pleasure. Thanks. 10 JUDGE POLLARD: What about a ten-minute 11 break. 12 COMMISSIONER MOSER: That sounds good. 13 (Break.) 14 JUDGE POLLARD: All right. The ten-minute 15 break is over, we're back in session. They'll be order 16 in the courtroom, please. 17 All right, item 1.10 is the next item on the 18 agenda. Consider, discuss and take appropriate action 19 to determine whether to allow the retail fireworks 20 permit holders to sell fireworks to the public in 21 celebration of Memorial Day, beginning May 24th, 2017 22 and ending at midnight on May 29, 2017, pursuant to the 23 Texas Occupations Code, Section 2154.202(g)(3). 24 All right. If you look at your backup 25 material you'll see there's a memorandum telling us they 47 1 reversed the law on it now, to take no action they can't 2 sell. If we want to -- if we want to let them sell 3 fireworks we have to pass a Resolution. I guess they 4 figured the Commissioners' Courts weren't paying 5 attention, I don't know, changed the law. What are your 6 wishes. 7 COMMISSIONER REEVES: I see no problem with 8 them selling. 9 JUDGE POLLARD: I don't either. 10 COMMISSIONER MOSER: Me either. 11 COMMISSIONER REEVES: I make a motion to 12 allow retail fireworks permit holders to sell fireworks 13 to the public in celebration of Memorial Day as outlined 14 in the agenda item. 15 JUDGE POLLARD: Okay. Second? 16 COMMISSIONER MOSER: And to allow Judge to 17 sign same. 18 COMMISSIONER REEVES: Yes. 19 COMMISSIONER BELEW: Second. 20 JUDGE POLLARD: All right, been moved by 21 Commissioner Reeves, seconded by Commissioner Belew to 22 pass a Resolution to allow retail fireworks permit 23 holders to sell fireworks to the public in celebration 24 of Memorial Day beginning May 24, 2017 and ending at 25 midnight on May 29, 2017, pursuant to the Texas 48 1 Occupations Code, Section 2154.202(g)(3), and is there 2 any further discussion or comment regarding that motion? 3 MRS. STEBBINS: May I advise that it doesn't 4 have to be a Resolution. Simply an order, which I 5 believe you guys have complied with since the law 6 changed at the outset. There's a sample order that was 7 provided when the law changed that I believe y'all have 8 been using each time that you've been able to determine 9 whether or not they are permitted to sell fireworks. 10 JUDGE POLLARD: So the one that's in the 11 agenda package is the one that's the approved current 12 order? 13 MRS. STEBBINS: Yes. Yes. 14 JUDGE POLLARD: All right. Any further 15 comments? There being none, those in favor signify by 16 raising their right hands. It's four zero, unanimous. 17 All right, let's go to item 1.12, consider, 18 discuss and take appropriate action to approve a 19 donation of 25 bucks for the Kerr County Sheriff's 20 office equipment fund. Sheriff Hierholzer. 21 What this is is you know each year the 22 Sheriff's association sends out that membership deal 23 that citizens can sign up for 25 dollars membership and 24 they get it. Some of our citizens would rather make 25 that donation straight to the Sheriff's office here 49 1 instead of to the State Association. And I couldn't 2 even tell you the man's name on this one. That's what 3 he'd rather go directly to officers here. But under the 4 law I can't except a donation unless the Court approves 5 it, so we're just asking that it be accepted and put in 6 our equipment fund. 7 COMMISSIONER REEVES: So move. 8 COMMISSIONER LETZ: Second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Reeves, seconded by Commissioner Letz to approve and 11 authorize the Sheriff to receive a 25 dollar donation in 12 question. Is there any further -- to add to the 13 equipment fund, by the way. Is there any further 14 comment or questions about it? There being none, those 15 in favor signify by raising their right hands. It's 16 four zero, unanimous. Thank you very much. 17 Item 1.13 consider, discuss and take 18 appropriate action to authorize the County Judge to sign 19 a contract with Huser Construction Company, I guess, to 20 repair the fire damage at the Kerr County Law 21 Enforcement Center, (Justice of the Peace Number 2 22 office), in Phase I of a two-phase repair. Sheriff 23 Hierholzer. 24 SHERIFF HIERHOLZER: And I know there wasn't 25 a contract I don't think in your backup, because Heather 50 1 had it at that point. Heather has approved a contract, 2 I'll leave it with you that it does allow you to put in 3 the date that it's entered, and an amount not to exceed, 4 and then it would need to be signed by the Judge and the 5 County Clerk and the County Attorney. 6 What this is about is Phase 1 of a two-phase 7 project to repair the fire damage at the Sheriff's 8 office, or J.P. 2 courtroom area. This phase covers 9 everything except the exterior wall. Insurance 10 adjustors from both insurance companies, Huser, our 11 architect, everybody else was out there again last week. 12 And the insurance TAC has hired an engineering 13 consultant to even look at that wall to figure out 14 exactly what's going to have to be done to that exterior 15 wall to rebuild it correctly. Whether all the rock has 16 to come down, or whether it can stay, and that part is 17 still being determined and will be that additional phase 18 that we would enter into the contract with -- hopefully 19 with Huser, but the insurance company still has to come 20 up with that amount and everybody has to agree on. 21 What this contract will do in Phase I is 22 what this is for is repair and replace and put back 23 together all the ceiling in the J.P. offices, courtroom, 24 replace the carpeting, get the air conditioners, you 25 know, systems all that back like it was. Okay. 51 1 Now, what we currently have in insurance 2 funds to do this is $49,681.46. Huser's bid on doing it 3 is $48,914.00, so what I would suggest putting in the 4 not to exceed would either be 49 thousand even or 49,500 5 just in case so it is within the amount that we 6 currently have on hand, and it is only to do Phase 1 of 7 this two-phase repair. 8 JUDGE POLLARD: Makes sense. 9 COMMISSIONER MOSER: Yeah. 10 JUDGE POLLARD: And the County Attorney's 11 approved all this? 12 MRS. STEBBINS: Yes. 13 COMMISSIONER REEVES: And this is being paid 14 not from our insurance but from the roofers insurance? 15 SHERIFF HIERHOLZER: Actually part of this 16 may may be coming from our -- I know it's been between 17 the two insurance companies. Now, okay, I couldn't tell 18 you whether it's our insurance that issued the check and 19 their insurance paid them, or their insurance issued the 20 check. I don't know. Between the two insurances. But 21 this is insurance proceeds from the fire damage. 22 JUDGE POLLARD: Well, our insurance company 23 is going to subrogate against the insurance carrier for 24 the roofer. The roofing insurance company is going to 25 bear the total cost of it. Okay, that's called 52 1 subrogation. 2 SHERIFF HIERHOLZER: And that's exactly 3 right, and why our insurance even hired the engineer, 4 because it got to where it was slowing down, so once I 5 contacted our insurance to try and get things moving, 6 they took it over total. And said they would do just 7 that, Judge. 8 COMMISSIONER REEVES: And this falls within 9 the order we previously approved that it's an emergency 10 and does not require bids? 11 MRS. STEBBINS: Correct. 12 COMMISSIONER MOSER: And it's less than 50 13 thousand? 14 MRS. STEBBINS: Yes, Sir. 15 SHERIFF HIERHOLZER: It is. But there will 16 be a phase II coming to it on -- 17 MRS. STEBBINS: But it was also -- it was an 18 emergency because of the unexpected, the unforeseen 19 circumstance. 20 SHERIFF HIERHOLZER: Unforeseen damage to 21 County property allows us to bypass the bidding process 22 if the Court orders, and this Commissioners' Court did 23 so enter an order a couple months ago by passing it for 24 this project. This is just to repair that damage. 25 COMMISSIONER BELEW: At the meeting the 53 1 other day, is this going to include the conduit and 2 stuff that was broken in the process or -- 3 SHERIFF HIERHOLZER: That is separate. 4 COMMISSIONER BELEW: -- is that something 5 else? 6 SHERIFF HIERHOLZER: That is separate. 7 That's not due to the fire damage; that is just old 8 conduit and the roofers putting up the new roof and 9 everything, and that is all being addressed -- 10 COMMISSIONER BELEW: That will be separate. 11 SHERIFF HIERHOLZER: Through that other 12 part. 13 JUDGE POLLARD: Is there a motion? 14 COMMISSIONER REEVES: I make a motion to 15 authorize the County Judge to sign the contract with 16 Huser Construction to repair the fire damage at the Kerr 17 County Law Enforcement Center, the J.P. Number 2 office, 18 and be Phase 1 of a two-phase repair procedure. 19 COMMISSIONER MOSER: For an amount not to 20 exceed -- 21 COMMISSIONER REEVES: For an amount not to 22 exceed -- 23 SHERIFF HIERHOLZER: I would say 49,500. 24 COMMISSIONER REEVES: -- $49,500.00. 25 COMMISSIONER BELEW: Second. 54 1 JUDGE POLLARD: Wow, Commissioner Reeves was 2 pretty explicit, I'm not going to repeat that, he 3 covered it very well. And he made the motion to 4 authorize an expenditure of up to $49,500.00 for the 5 items described in item 1.13, and it was seconded by 6 Commissioner Belew, all right. Is there any further 7 discussion or comment about the motion? There being 8 none, those in favor signify by raising your right 9 hands. Do you vote for it? 10 COMMISSIONER LETZ: Yes. 11 JUDGE POLLARD: Okay, it is four zero, 12 unanimous. 13 Okay, item 1.14 consider, discuss and take 14 appropriate action to approve the Interlocal Agreement 15 between Kerr County and the Upper Guadalupe River 16 Authority for upper Guadalupe River crossing patrols and 17 authorize the County Judge to sign same. Mr. Reeves. 18 COMMISSIONER REEVES: Yes, Sir. Mr. Buck 19 from UGRA is present here today. About two months -- 20 Judge, if you'd pass those around to everybody else. 21 I'll start off how it got initiated and then we'll go 22 from there. 23 About two months ago UGRA, I believe, 24 Commissioner Moser was there, myself, members of the 25 newspaper, Chamber of Commerce Convention Visitor's 55 1 Bureau, City, we were talking about the litter problem 2 at the various crossings throughout the County, and 3 currently the UGRA has budgeted $37,497.00 for fiscal 4 year '17 just for trash pick up. But there's still 5 other avenues to pursue to eliminate some of the litter. 6 One of them is hiring off-duty law enforcement officers 7 to make patrols at three specific crossings, Brink's 8 Crossing, Ingram Damn, and the Hunt Crossing to try to 9 stop the litter in process before it happens. They had 10 budgeted, I believe, four thousand dollars. They being 11 UGRA to pay the off-duty law enforcement. 12 What I am proposing in a spirit of 13 cooperation is that we utilize Environmental Health 14 Deputy Constables on the weekends, which is the time I 15 believe they want to do this, authorize them to use our 16 County vehicle and County gas as sort of an interlocal 17 cooperation. They will be in County uniform, but the 18 pay will be from from UGRA on rotating schedule to do 19 this, that way they'll be able to issue citations as 20 needed, and be at these three main crossings. And the 21 interlocal agreement was developed UGRA in cooperation 22 with County Attorney's Office, and that's in the backup, 23 and you have anything you'd like to add to that? 24 MR. BUCK: First of all, I want to say thank 25 you, Judge, thank you, Commissioners, thank you for even 56 1 considering this. This has been an ongoing problem with 2 us since 2004. We pay a contractor to go out twice a 3 week at most of these 15 different crossings throughout 4 the county to pick up trash, and the report we're 5 getting back, and we confirmed that when we met with the 6 Sheriff, the County Attorney and Kerr County 7 Environmental Health Department Ray Garcia, that it's 8 not -- we have a public awareness program that seems to 9 be working, but it's a one percent that is not working. 10 It's that one percent that's just leaving trash, and if 11 you look at the graphs there, you can just see the 12 exponential growth almost as a poundage of trash. We 13 actually calculate how much trash is picked up and weigh 14 it and see how much goes to the dump. And so we know 15 that something has to be done. Just throwing money at 16 it is not going to continue working, so last year we 17 looked at budgeting a little bit for a test to see if 18 maybe a deterrent would work, with a peace officer would 19 work. And Rusty has been very instrumental working with 20 us. He doesn't have officers available, my 21 understanding, during the summer because they're going 22 to be working at the camps. So we visited with 23 Commissioner Reeves who suggested that possibly we could 24 use Kerr County Environmental Health. We budgeted money 25 for, I think, one eight-hour shift for most weekends 57 1 throughout the summer from Memorial Day to Labor Day. 2 And I would ask the papers that are here please don't 3 publish those sites, because we don't want to run them 4 off to the other sites just as a test. This is a test 5 for three different crossings. Can I do that? Is that 6 free speech, right? 7 COMMISSIONER BELEW: Yeah, you have the 8 right to ask. 9 MR. BUCK: I can ask. Well, we just want to 10 see if it works. And we think a friendly -- we want to 11 keep these crossings family friendly and clean. They're 12 a big source of revenue to the community, to tourism, 13 it's also a quality of life for residents who live here. 14 And again no more time. Thank you for considering this. 15 COMMISSIONER MOSER: And so the idea is to 16 have the visibility of the officers at some undefined 17 locations, at those three primarily. 18 MR. BUCK: Yes, Sir. 19 COMMISSIONER MOSER: Because that's where 20 most of the trash is? 21 JUDGE POLLARD: Do your guys want to work? 22 MR. GARCIA: Yes. 23 COMMISSIONER MOSER: And it's visible. The 24 concept is just to be patrolling and let the people know 25 you're there. Not to get out and walk the creeks or the 58 1 river or whatever necessarily, is that right, Ray? 2 MR. GARCIA: Well, we did talk about this, 3 and that was what was needed is to actually walk in, and 4 actually talk to the folks. Currently right now to add 5 to that Commissioner Moser, what we do during the 6 regular workday through the week when the summer months 7 start is the guys will go out to the crossings, to 8 various crossings, walk through there, talk to them, 9 talk to them about if you pack it in, please pack it 10 out, you know, we're just trying to help. So what we're 11 doing in there is we're spreading the word, we're 12 talking about litter and we're asking folks just to 13 clean up when you leave. We do that through the summer 14 months, the guys will do that sporadically when they go 15 on calls and when they're going to their other 16 complaints that they handle. So it would -- that's what 17 we would be doing is actually walking in there and 18 talking to folks. 19 COMMISSIONER MOSER: By word of mouth and 20 interaction as opposed to additional signage and that 21 kind of stuff. 22 MR. GARCIA: Right. 23 COMMISSIONER MOSER: Good. 24 JUDGE POLLARD: It's implied of course if 25 they don't do that you're going to give them a ticket? 59 1 MR. GARCIA: If they commit that act. 2 JUDGE POLLARD: And they gotta pay a fine. 3 MR. GARCIA: Then we issue citations. 4 JUDGE POLLARD: You want to put in the paper 5 what the fines might be? 6 MR. GARCIA: The Class C citations are zero 7 to 500, whatever the Court, the Judge, decides to award 8 you with, and then it goes up exponentially, that's zero 9 to five pounds for class C. Five pounds to two hundred 10 is a Class B. Please don't -- I have to go back and 11 look at those. But it goes up like that arrestable 12 offense from Class B to Class A. 13 JUDGE POLLARD: I didn't mean to put you on 14 the spot. 15 MR. GARCIA: That's okay. 16 JUDGE POLLARD: I thought it was a good 17 chance to warn folks. 18 MR. BUCK: Judge, that is part of the 19 program. The reason why we had, as Commissioner Reeves 20 mentioned, we had the newspapers at our meeting and so 21 we do want to do some public announcements. What do you 22 do if you see someone leaving trash. I mean you don't 23 want to confront them. We would rest or depend on 24 Mr. Garcia to put a press release or something through 25 the paper that would show how to do that, public 60 1 awareness. 2 COMMISSIONER MOSER: Thank you, Ray. 3 COMMISSIONER LETZ: And keep up the good 4 work on that, it's needed and it's noticed. You can 5 certainly see the trash, the volume of the trash you 6 pick up is huge. 7 COMMISSIONER REEVES: And I'd like to point 8 out that the volume of trash they're picking up is over 9 and above what our maintenance department is doing at 10 some of these same sites, as well as our parks and 11 everything else, so there's volumes and volumes of trash 12 that we're trying to -- 13 COMMISSIONER MOSER: To put it in respect 14 I've counted many times at Brink's Crossing 60 vehicles 15 parked down there using that river. And now there's an 16 RV park down there with going to have two hundred RV 17 spaces. And so that will be -- you know, they might be 18 interested in helping clean up, too. They seem to be 19 doing a great job. Thanks, Ray. 20 COMMISSIONER REEVES: I'd like to point out 21 that the County Attorney has reviewed this. 22 MRS. STEBBINS: Yes. 23 COMMISSIONER REEVES: Therefore I make a 24 motion to approve the Interlocal Agreement between Kerr 25 County and Upper Guadalupe River Authority for Guadalupe 61 1 River crossing patrols and authorize the County Judge to 2 sign the same. 3 COMMISSIONER MOSER: Second. 4 JUDGE POLLARD: Once again, he did a good job 5 stating the motion, I'm not going to repeat it. Is 6 there any further comment or discussion about the 7 motion? 8 COMMISSIONER BELEW: I have a question. Do 9 the deputies just turn in a time card to UGRA, is that 10 how that works, Ray? 11 MR. GARCIA: Yes, Sir. 12 COMMISSIONER BELEW: Fill it out and turn it 13 into them and that's all kosher? 14 MR. BUCK: It will be contract labor yes, 15 Sir. 16 COMMISSIONER BELEW: Okay. 17 COMMISSIONER REEVES: They will be paid 18 directly by UGRA. Our part of the cooperation is the 19 vehicle and the fuel. 20 JUDGE POLLARD: So not going to have a lot 21 of time on weekends to do family things, are they? If 22 you guys are working -- 23 MR. GARCIA: It's an 8 hour for the whole 24 weekend. So we'll sporadically break that up. 25 JUDGE POLLARD: Okay. All right, those in 62 1 favor of the motion signify by raising your right hands. 2 It's four zero, unanimous. Thank you very much. 3 MR. BUCK: Thank you. 4 JUDGE POLLARD: 1.15 receive order of the 5 216th and the 198th District Judges reappointing the 6 County Auditor. Brenda Doss. 7 MRS. DOSS: Good morning. Local government 8 code requires that the order is submitted to 9 Commissioners' Court, and on April 26th the 198th and 10 216th District Judges reappointed me to serve another 11 two-year term as County Auditor. 12 JUDGE POLLARD: So we just have to 13 acknowledge receipt of that? 14 MRS. DOSS: Yes, Sir. 15 COMMISSIONER LETZ: Nothing we can do about 16 it? 17 MRS. DOSS: No. 18 COMMISSIONER MOSER: Those guys are smart. 19 JUDGE POLLARD: Are we go going to have a 20 motion. 21 COMMISSIONER LETZ: I'll make a motion that 22 we acknowledge receipt of the order reappointing the 23 County Auditor for two years. 24 JUDGE POLLARD: Second? 25 COMMISSIONER MOSER: Second. 63 1 JUDGE POLLARD: All right, been moved by 2 Commissioner Letz, seconded by Commissioner Moser that 3 we acknowledge receipt of the order from the District 4 Judges reappointing the County Auditor, Brenda Doss, and 5 I would like to compliment them on a good choice. Boy, 6 she's been a real pleasure to work with. 7 MRS. DOSS: Thank you. 8 JUDGE POLLARD: All right, those in favor of 9 the motion signify by raising their right hands. It's 10 four zero, unanimous. 11 Item 1.17 consider, discuss and take 12 appropriate action concerning approving selection of the 13 company to provide administrative services for the 14 Center Point/East Kerr County Wastewater Project for the 15 Texas Water Development Board 10366, bids opened on 16 April 24th, '17 and entering into contract negotiations. 17 Commissioners Letz and Moser. 18 COMMISSIONER LETZ: Yes. We received one 19 bid from GrantWorks to handle the administrative work 20 related to -- or services related to the East Kerr 21 County Waster Project. And we were very happy that 22 GrantWorks submitted a proposal. They have done great 23 work on other previous grants, and would like to make a 24 motion to select them, and then authorize us to do the 25 contract -- work on the contract. 64 1 COMMISSIONER MOSER: Second. 2 JUDGE POLLARD: All right, it's been moved 3 by Commissioner Letz and seconded by Commissioner Moser 4 to approve the -- let's see, this is item 1.17, to 5 provide administrative services for the Center 6 Point/East Kerr County Wastewater Project for Texas 7 Water Development Board 10366, bids that were opened on 8 April 24, and to approve the GrantWorks, the only bid, 9 and authorize the execution of the contract. 10 COMMISSIONER MOSER: Enter into it. 11 JUDGE POLLARD: Enter into contract 12 negotiations. All right, is there any further 13 discussion or comment? There being none, those in favor 14 of the motion signify by raising their right hands. 15 It's four zero, unanimous. 1.18 -- 16 COMMISSIONER MOSER: Thanks again, Katie. 17 MS. FALGOUST: Thanks. 18 JUDGE POLLARD: Thanks, Katie. Consider, 19 discuss and take appropriate action regarding real 20 property negotiations -- we're going to do that in 21 executive session. 22 COMMISSIONER LETZ: Yes. 23 JUDGE POLLARD: All right, let's go to -- 24 before we do that let's go to -- 25 COMMISSIONER REEVES: Judge, could we go to 65 1 reports from Commissioners and liaison committee 2 assignments, that would be under Roman numeral V, 5.1. 3 JUDGE POLLARD: Yes, Sir, let's do it. 4 COMMISSIONER REEVES: And I'd like to ask 5 Maggie Baker, she has some pretty good news, if she'd 6 like to come up and tell us about it. We have a press 7 release to go with this. 8 COMMISSIONER LETZ: You can read it. 9 MS. BAKER: I hadn't planned on it. 10 JUDGE POLLARD: I can read it. This thing 11 you just handed me here, okay. This is a press release 12 for media release dated today, May 8th in Kerr County. 13 Kerr County and Kerr County veterans will host a 14 Memorial Day ceremony in remembrance of the men and 15 women who sacrificed their lives in defense of this 16 great nation on Monday, May the 29th, 2017 at 12 p.m. at 17 the Kerr County war memorial located on the Kerr County 18 Courthouse grounds, 700 Main Street, Kerrville Texas. 19 The ceremony will feature comments from this year's 20 keynote speaker, Senator Ted Cruz, that's a U.S. Senator 21 Ted Cruz, as well as comments from the Kerr County Judge 22 Tom Pollard, City of Kerrville Mayor Bonnie White, and a 23 representative from the south Texas VA Medical Center 24 leadership. 25 The ceremony will also include the laying of 66 1 ceremonial wreaths to honor those who gave their lives 2 in military service to the United States. Commissioner 3 Bob Reeves said Memorial Day is a somber time to 4 remember those who sacrificed their life to make sure 5 our freedom is protected. It's an honor to have Senator 6 Cruz at this year's ceremony, Commissioner Tom Moser 7 added. We can never repay the debt to those who 8 sacrificed so much for our freedom, but we will never 9 forget. 10 Kerr County is honored to take this 11 opportunity to pay tribute to the lives fallen heroes 12 and recognize the sacrifices made in all national 13 conflicts of war, including the Civil War, World War I, 14 World War II, Korea, Viet Nam and Gulf wars. This event 15 is very special to me since I lost an older brother in 16 the Korean conflict whose name is on the memorial, said 17 Judge Tom Pollard. I did say that. 18 More information regarding the event please 19 contact Kerr County Veterans Service Officer Maggie 20 Baker at 830-792-2203, or administrative assistant to 21 the administrator of the Kerrville VA Medical Center 22 Terri Garza 830-896-2020. 23 The event is open to the public, and the 24 public is invited. We're going to have a big turn out, 25 and I want to give credit, a special credit here, 67 1 recognition for Maggie. Maggie generated this, she sent 2 out a press release to various offices, including 3 Senator Cruz's office and low and be hold she got a 4 phone call from one of the staff members there that said 5 we understand you going to have a Memorial Day ceremony, 6 she said yes, and they said well Senator Cruz would like 7 to participate in that, would that be okay? And she got 8 really excited about it and told me about it. And 9 things just really took off from there. And we're 10 really privileged to have Senator Cruz here that day. 11 And so that's going to be a big event. They'll probably 12 be a big turnout for it. We're going to have to make 13 special -- the grounds maintenance people are going to 14 have to make special arrangements for this, it's going 15 to be really nice. And we really thank Maggie for 16 generating this and getting it started. 17 Congratulations. Thank you, Maggie. 18 MS. BAKER: Thank you. But I'd like to say 19 a few thank-you's to all of you, and then Commissioner 20 Letz had tons of ideas, and helped to get this done. 21 JUDGE POLLARD: He always has some input. 22 MS. BAKER: And Miss Jody for doing all the 23 typing and all of her wording to help get this press 24 release done. Thank you, Jody. 25 COMMISSIONER LETZ: All right. It's going 68 1 to be a great event, be a lot of fun. 2 JUDGE POLLARD: It is. Yeah, it sure will. 3 I hope all the Commissioners' Court -- 4 COMMISSIONER MOSER: We'll be there. 5 JUDGE POLLARD: -- will participate. 6 COMMISSIONER LETZ: And probably should put 7 on our next agenda closing the parking lot that day. 8 JUDGE POLLARD: Good idea. 9 COMMISSIONER LETZ: It's a holiday, but 10 still we oughta block them off and make other 11 arrangements that may be needed. 12 JUDGE POLLARD: Anyway, thank you. And by 13 the way that's also going to be in cooperation -- we 14 have three veterans services officers in our County, and 15 I'm told that we of almost ten thousand veterans in our 16 County, and they're all serviced by those three 17 officers. Maggie's one, which the County furnishes, and 18 then there's an Alan Hill out here at the old armory, 19 that he does a lot of work and helps them and in their 20 various problems, and they do great work out there, and 21 then there's one at the VA hospital. His name is what, 22 Maggie? 23 MS. BAKER: Ben Rosario, and he works under 24 the state. He's state trained with the Texas Veteran's 25 Commission. 69 1 JUDGE POLLARD: That's three people to 2 handle ten thousand veterans. They got their hands 3 full, okay. And they're both veteran staff, problems 4 arranging from hey, disabled and they can't pay their 5 rent, and can't pay their utilities, they get help that 6 way, and they apply for all kind of disabilities like -- 7 like an old Judge that can't hear anymore, gets hearing 8 aids, that I forgot to put in this morning. They need 9 to give me a new brain, too so I can remember to use 10 them. 11 COMMISSIONER MOSER: We going to put a lot 12 more chairs out there? 13 COMMISSIONER LETZ: Bob and I were talking, 14 probably bring in our nice chairs from the event center 15 rather than just our folding chairs, as long as it's not 16 raining. 17 MS. BAKER: I've talked with Tim and he said 18 just to send him another e-mail about a week before and 19 he would do everything to help. 20 COMMISSIONER REEVES: Here are some copies, 21 if anyone -- 22 JUDGE POLLARD: If anybody in the media 23 wants copies of the press release, here they are. All 24 right, that's a really good event. 25 All right, let's go pay some bills. Now, 70 1 one of the -- while we're talking about paying the 2 bills, I would like to discuss one. There's one on 3 there that pays a law firm over ten thousand -- over ten 4 thousand dollars, and it kind of jumped out at me and so 5 I made some inquiries and asked the Auditor to look into 6 that, and it's a CPS case that was filed in Judge 7 Williams court, it's a Kerr County case, but there's a 8 law firm out of Boerne submitted their original bill at 9 a rate of a $190.00 an hour, and Judge Williams reduced 10 it to $70.00 an hour. With the $70.00 an hour is still 11 over ten thousand dollars. Been on the docket for about 12 a year and a half. This brings to mind kind of a budget 13 situation, and I asked her to what kind of affect this 14 has on the budget, and she has some figures that she 15 told me about, and I'd like for her to review those at 16 this time, and point out that we got a budget problem. 17 MRS. DOSS: Okay. This is in -- it's a 18 department in the general fund called court appointed 19 civil attorneys for CPS. Currently we have a 20 $156,000.00 budgeted in that line item. Year to date 21 expended has been $142,744.00. That leaves us 8.5 22 percent of the budget for the remaining five months of 23 the year. The percentage should be at 41.66 percent 24 right now remaining, and we have 8.5 percent remaining. 25 Year to date last year at this time we had expended a 71 1 102,467 compared to the 142,744 currently. 2 JUDGE POLLARD: Last year we had to amend 3 the budget and go into some of our excess funds for 4 about ten thousand dollars. At the end of the year 5 this year looks like we're going to get a lot more than 6 that the way it's going. 7 MRS. DOSS: Depending on what happens for 8 the next five months. 9 JUDGE POLLARD: Well, if it keeps going this 10 way, and it points out a problem we have with -- we're 11 bleeding, and need to try to do something about stopping 12 the bleeding. 13 COMMISSIONER MOSER: And that would be -- 14 JUDGE POLLARD: Well, it's going to take 15 some discussions, I think, with Judge Williams, and then 16 maybe -- maybe even go to CPS, and I'll volunteer to do 17 that. I don't know what we can do about it, but I think 18 we need to try to do something about it. It's getting 19 out of hand, and the taxpayers don't realize this, but 20 we probably spend -- what would you think all together 21 on ad litem's, which is people that can't afford 22 lawyers. This is a case -- it was a CPS case where they 23 had filed to protect some children and when that happens 24 the Court rulings and the past court decisions have been 25 that you have to appoint somebody to represent the 72 1 mother and the father, separately, if they can't afford 2 it. It goes through a vetting process to determine 3 that. And a lot of people seem to be able to qualify 4 for that, and that's what happened here. And this firm 5 was representing only the mother, and there's another 6 firm representing the father in this, too. So I can 7 tell you from my experience in years of handing family 8 law, that a good percentage -- I'm not going to say 9 half, but a good percentage of them, the complaints 10 filed with CPS, are generated by one parent against the 11 other trying to gain that advantage. They'll call down 12 there and make a complaint to CPS, and it's 13 confidential, they can't be required to reveal who made 14 them, but I've seen that in practice, and I know that it 15 goes on, and I don't know what the solution to that is, 16 but I know it's contributing to this problem. And we 17 going to have to look into it. At least I am going to 18 go over there and make our wishes known that we don't 19 like it. And on behalf of the taxpayers we need to 20 figure out some way to limit this, stop the bleeding 21 somehow. It probably won't do any good, but I'm going 22 to try, and that's what Commissioners' Court is. 23 COMMISSIONER LETZ: About how much, probably 24 well over half a million dollars a year we're spending 25 right now? 73 1 MRS. DOSS: Yes, Sir, for all the Courts for 2 all the Court appointed services and attorneys. 3 COMMISSIONER LETZ: A lot of money. 4 JUDGE POLLARD: So that's a lot of money, 5 tax money being spent on people that can't afford to 6 have a lawyer. The Court's rule they're entitled to 7 have one. 8 COMMISSIONER MOSER: And Brenda, do you 9 remember off the top of your head of what the trend has 10 been like increases per year for the last three years? 11 MRS. DOSS: I would have to look at that. 12 But I will prepare all those numbers from all the line 13 items. 14 COMMISSIONER MOSER: Good. Thank you. 15 MRS. STEBBINS: There was recently a 16 publication put out by TAC that consistent statewide, 17 and I can provide that to you as well if you don't have 18 that. 19 JUDGE POLLARD: Well, I'm sorry to take up 20 too much time doing that, but it's something that really 21 bothers me. Okay, is it a general consensus that I 22 should go ahead and talk and seem what we can do? 23 COMMISSIONER MOSER: Right. 24 COMMISSIONER LETZ: Yes. 25 JUDGE POLLARD: All right, thank you very 74 1 much. And what about paying the bills. 2 COMMISSIONER LETZ: I'll make a motion to 3 pay the bills. 4 COMMISSIONER BELEW: I second that. 5 JUDGE POLLARD: All right, Commissioner Letz 6 moved to pay the bills as presented, and seconded by 7 Commissioner Belew. Is there any further discussion or 8 comment? There being none, those in favor signify by 9 raising your right hands. It's four zero, unanimous. 10 All right, the next item is budget 11 amendments. Are there any? 12 MRS. DOSS: Yes, Sir, we have four budget 13 amendments. The first one is to record new revenue 14 which was insurance proceeds, and the last three are 15 line item transfers within departments. 16 COMMISSIONER LETZ: I move we approve the 17 budget amendments. 18 COMMISSIONER REEVES: I'll second. 19 JUDGE POLLARD: Been moved by Commissioner 20 Letz and seconded by Commissioner Reeves to approve the 21 budget amendments as submitted. Is there any further 22 comment or discussion? There being none, those in favor 23 signify by raising your right hands. It's four zero, 24 unanimous. 25 Late bills. 75 1 MRS. DOSS: No late bills, Sir. 2 JUDGE POLLARD: No late bills. We don't 3 need a motion then. 4 All right, item 4.4 approve and accept 5 monthly reports. Mr. Reeves. 6 COMMISSIONER REEVES: Yes, Sir, there are 7 quite a number of them. Unless I indicate otherwise all 8 of the reports are for the month of April, 2017. Will 9 be the County Clerk's monthly report, District Clerk's 10 monthly report, Animal Services monthly report, 11 Environmental Health monthly report, J.P. Precinct 12 Number 1 monthly report, J.P. Precinct Number 3 monthly 13 report, an amended report for J.P. Precinct Number 4 for 14 the month of March, 2017, Constable Precinct 1, 15 Constable Precinct 3, Kerr County payroll report for the 16 month ending April, 2017 and the quarterly investment 17 report for the period of time January 1 through March 18 31, 2017. 19 Move to accept the reports as presented, and 20 there's, I believe, two areas we need to sign. 21 COMMISSIONER MOSER: Second. 22 JUDGE POLLARD: Been moved by Commissioner 23 Reeves, seconded by Commissioner Moser to accept the 24 monthly reports as dictated into the record by 25 Commissioner Reeves, and to authorize execution of them 76 1 as needed. Is there any further comment or discussion? 2 There being none, those in favor of the motion signify 3 by raising their right hands. It's four zero, 4 unanimous. 5 4.5 Auditor's report. 6 MRS. DOSS: None this time, Sir. 7 JUDGE POLLARD: Okay. Item 5.1 reports from 8 Commissioners and liaison committee assignments per 9 attachment. Is there anyone? 10 5.2 reports from elected officials and 11 department heads. Come on, Sheriff, you always got 12 something. 13 COMMISSIONER LETZ: He can't talk this 14 morning. 15 SHERIFF HIERHOLZER: No. 16 JUDGE POLLARD: 5.3 reports from boards 17 commissions and committees. Anybody? City/County joint 18 projects or operations reports. Supplementing those 19 three or four times referenced today with the City and 20 the County been working together really well, and 21 looking forward to even more. 22 COMMISSIONER MOSER: More so. 23 JUDGE POLLARD: Nobody have any further 24 comments? All right. 25 Other reports of any kind? All right. 77 1 Nobody. All right then, all right, we're going to go 2 into closed session. 3 (Executive Session.) 4 JUDGE POLLARD: Closed session's closed, and 5 we're now back in open session. Is there any action 6 needed? 7 COMMISSIONER REEVES: Let me get the clerk. 8 JUDGE POLLARD: We're back in open session, 9 but we have no further business. We're -- 10 (Off the record.) 11 COMMISSIONER MOSER: We don't have a clerk 12 in here so you can't close the session. 13 COMMISSIONER LETZ: She'll be here in a 14 minute. 15 (Off the record.) 16 JUDGE POLLARD: We're adjourned. 17 * * * * * * 18 19 20 21 22 23 24 25 78 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 10th day of May, 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