1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, December 11, 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. 6 4 1.1 Consider, discuss and take appropriate 10 action concerning advertising for sealed 5 competitive bids for the countywide facilities HVAC Coil Combing Project as 6 a result from the 2016 hail storm. 7 1.2 Consider, discuss and take appropriate 17 action for the Court to approve a General 8 Contract(small project) with Feller Fabrications LLC for the construction of 9 a steel shelter over the fuel tank island at the Spur 100 Road and Bridge yard, and 10 approve a Professional Services Agreement with Rock Engineering & Testing Laboratory, 11 Inc. for foundation reinforcement steel inspection and concrete testing. 12 1.6 Consider, discuss and take appropriate 22 13 action to declare various items from the Constable Pct. 3 office and vehicle as 14 surplus ad dispose of properly. 15 1.2 Consider, discuss and take appropriate 27 action for the Court to approve a General 16 Contract(small project) with Feller Fabrications LLC for the construction of 17 a steel shelter over the fuel tank island at the Spur 100 Road and Bridge yard, and 18 approve a Professional Services Agreement with Rock Engineering & Testing Laboratory, 19 Inc. for foundation reinforcement steel inspection and concrete testing. 20 1.3 Consider, discuss and take appropriate 28 21 action to open, read and award the Annual Bids for Road Base, Cold Mix, Aggregate, 22 Emulsion Oil and Corrugated Metal Pipe. 23 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.4 Consider, discuss and take appropriate 34 action for the Court to adopt a Resolution 4 requesting the Texas Department of Transportation to allow for the creation 5 of safe work zones on the East Kerr County/Center Point Wastewater Project by 6 reducing the speed limit to 60 MPH on State Highway 27 during times of 7 construction in association with approved traffic control plans. 8 1.5 Update on operations, pet adoption policy 38 9 and other related matters at the Kerr County Animal Services. 10 1.8 Consider, discuss and take appropriate 55 11 action on request from Hill Country District Junior Livestock Show Association 12 to close Riverside Drive, from the southwest corner of River Star Park to the 13 southeast corner of the Hill Country Youth Event Center grounds, from 7:00 a.m. Sunday, 14 January 14, 2018 to 11:00 p.m. Friday, January 19, 2018 for the 2018 stock show. 15 1.9 Consider, discuss and take appropriate 57 16 action on request from Hill Country District Junior Livestock Show Association 17 to use Flat Rock Park, including dog park, from 7:00 a.m. Sunday, January 14, 2018 to 18 11:00 p.m. Friday, January 19, 2018 to park trailers and use as staging area for 19 delivery of animals, close park to other vehicular traffic during that time period. 20 1.10 Consider, discuss and take appropriate 60 21 action to reappoint commissioner Reeves to perform investigation under Section 22 751.005 of the Texas Health and Safety Code for the purpose of determining if 23 the minimum standards for ensuring public safety and order as prescribed by law will 24 be maintained under the application for permit for mass gathering by the Hill 25 Country District Junior Livestock Show. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 62 action to declare various items from the 4 Constable, Pct. 3 office and vehicle as surplus and dispose of properly. 5 1.11 Consider, discuss and take appropriate 67 6 action on draft policy for on-site sewage facilities(OSSF) connections and related 7 matters to East Kerr County/Center Point Wastewater project. 8 1.13 Consider, discuss and take appropriate 80 9 action regarding a request from the Honorable H.A. "Buster" Baldwin to hold 10 a brown bag lunch on the courthouse lawn on December 15, 2017. 11 1.12 Consider, discuss and take appropriate 82 12 action to approve 2017 Colonia Economically Distressed Areas Program 13 | (CEDAP)contract between Kerr County and the Texas Department of Agriculture(TDA) 14 for first time connections and septic tank mitigation for the East Kerr County/Center 15 Point Wastewater Project, Contract #7217045. 16 1.14 Consider, discuss and take appropriate 84 action for renewal of Environmental 17 Impairment Liability Insurance application with Texas Association of Counties-JI-York 18 Companies, and have County Judge sign same. 19 1.15 Consider, discuss and take appropriate 85 action to address possibility of 20 prohibiting the sale or use of restricted fireworks (i.e.: "Skyrockets with sticks" 21 and "missiles with fins") in any portion of the unincorporated area of Kerr County 22 pursuant to Local Government Code 352.051 for the December fireworks season. 23 1.16 Consider, discuss and take appropriate 90 24 action to approve contracts with Comfort Volunteer Fire Department and K'Star and 25 allow the County Judge to sign same. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.17 Consider, discuss and take appropriate 92 action to execute Professional Services 4 Agreement and Counsel Contingent Fee Contract with Watts, Guerra LLP, The 5 Gallagher Law Firm, LLP, Fibich, Leebron, Copeland & Briggs, and Davis & Santos, P.C. 6 1.20 Consider, discuss and take appropriate 98 7 action to approve Monitoring Agreement with Totalcom Management, Inc., for 8 monitoring services and allow County Judge to sign same. 9 1.21 Consider, discuss and take appropriate 100 10 action on offer from the Alamo Area Council of Governments (AACOG) to be the alternate 11 reviewer for Kerr County for the Local Update of Census Addresses (LUCA) as it 12 relates to the 2020 Census. 13 1.3 Consider, discuss and take appropriate 107 action to open, read and award the Annual 14 Bids for Road Base, Cold Mix, Aggregate, Emulsion Oil and Corrugated Metal Pipe. 15 4.4 Approve and accept Monthly Reports. 114 16 5.1 Reports from Commissioners/Liaison 115 17 Committee Assignments as per attachment. 18 5.2 Reports from Elected Officials/Department 115 Heads. 19 1.21 Consider, discuss and take appropriate 119 20 action on offer from the Alamo Area Council of Governments (AACOG) to be the alternate 21 reviewer for Kerr County for the Local Update of Census Addresses (LUCA) as it 22 relates to the 2020 Census. 23 *** Adjournment. 121 24 *** Reporter's Certificate. 122 25 * * * * * * 6 1 JUDGE POLLARD: It's Monday, December 11th, 2 2017, and that clock says 9 a.m.; although, I understand 3 it's about two minutes fast, so we're going to go by the 4 clock. We'll begin today with the prayer. I'll do the 5 prayer and the Pledge of Allegiance. Please bow your 6 heads. 7 (Prayer and Pledge of Allegiance.) 8 JUDGE POLLARD: Okay, this is the part of 9 the agenda where the public can come forward to the 10 microphone and speak on something, but it has to be on 11 something that is not on the agenda. If you want to 12 speak on something on the agenda you gotta wait until 13 that item is called. But for right now if you want to 14 speak on something other than the agenda then please 15 come forward, step forward to to the podium, identify 16 yourself by name and address, and please try to limit 17 your comments to three minutes, please. Is there anyone 18 wishing to speak at this time on something not on the 19 agenda? 20 All right, there being none, we go to the 21 next part of the agenda, which is comments by the County 22 Judge and the Commissioners on things, achievements and 23 things happening in their Precincts. Start with 24 Precinct 1. 25 COMMISSIONER BELEW: No real report. Well, 7 1 we got a lot of snow in Precinct 1, more than anybody 2 else. We did, yeah. We got about an inch and a half of 3 snow, stayed on the ground for two days, so -- 4 JUDGE POLLARD: All right. Mr. Moser. 5 COMMISSIONER MOSER: A couple of things, and 6 probably Bob will talk more about it. But the hazardous 7 waste collection looks like it was a big success this 8 past Saturday. Bob probably got some statistics on it. 9 I don't know if he does or not. But there was a good 10 turnout. 11 The other thing was the Animal Services 12 folks were out there along with a bunch of volunteers 13 for pet adoption, and they're some fantastic animals 14 available there. It's just -- you know, I don't know, 15 probably about 10 or 12 that they had there, I think 16 they adopted when I left, because adopted two from that 17 operation. That was good. And a lot of the Tivy High 18 School kids were there with their program to show them. 19 So hats off to all them. 20 The other thing is as you drive from the AG 21 barn to Martin Marietta's operation on the right hand 22 side going to the east, they're landscaping that. 23 They've done everything they said they're going to. 24 This is not an advertisement for Martin Marietta, but 25 just to say that they said they were going to be good 8 1 neighbors, and they put up a ten foot high berm, a 2 really nice fence. Now they've got trees that are going 3 to be very high on top of that, so it's going to -- 4 it's -- they're doing a good job, and showing they're 5 good neighbors, so -- 6 JUDGE POLLARD: Lived up to their word. 7 COMMISSIONER MOSER: They have. They've 8 done everything they said they were going to. Anyway, 9 that is all I have. 10 JUDGE POLLARD: I don't have anything. Mr. 11 Letz. 12 COMMISSIONER LETZ: The only thing I have to 13 report on is the -- last week, I spent quite a few hours 14 working with the City on their comprehensive plan. Good 15 process. I'm very impressed with the consultant they've 16 hired. They really seem to be trying to get input from 17 all different facets of the community. They asked me to 18 share their I think their transportation/mobility 19 subcommittee. And I've been impressed with it. I think 20 it's a much -- I'm much more impressed with this group 21 of consultants than the one they did in 2000 when I was 22 involved in that one as well. So I just wanted to -- 23 JUDGE POLLARD: Were you involved in the one 24 previous to that? 25 COMMISSIONER LETZ: I was chairman of the 9 1 transportation committee on that one as well. But 2 anyway it's a good process. I know they've reached out 3 to, you know, several hundred people they've talking 4 with and bring people in for interviews. And they're 5 also anyone else that wants to get involved in it 6 there's an online questionnaire poll that everyone's 7 welcome to contribute to. So anyway, that's it. 8 COMMISSIONER REEVES: Follow-up on 9 Commissioner Moser's. I want to compliment the City 10 staff, David Barrera and his public works department, 11 street department, as well as our county staff that 12 worked out there, Animal Services, the Constables from 13 Environmental Health. Our own Jody Grinstead was out 14 there helping direct traffic. I got there at 6, there 15 was already one car lined up, they didn't open the doors 16 until 8. About 509 vehicles went through this year. 17 It's down some from last year, but it was a steady 18 stream until about noon, and then they just started 19 coming in, but it was a great joint venture between the 20 City and the County on working together. 21 As far as the numbers I heard at the 22 adoption event, I think between adoptions and family 23 fit, only five dogs had to be back to the shelter, so -- 24 COMMISSIONER MOSER: Well, that meant about 25 five or ten were out? 10 1 COMMISSIONER REEVES: I think about ten of 2 them. And finally, to everybody here in the Court two 3 weeks we won't have a meeting because it's Christmas, 4 and Merry Christmas to everybody. Thank you. 5 JUDGE POLLARD: One question. If Jody was 6 directing traffic there must have been only one 7 direction. Only one arm. 8 COMMISSIONER MOSER: This arm over here. 9 JUDGE POLLARD: With that, we go to item 1.1 10 on the agenda consider, discuss and take appropriate 11 action concerning advertising for sealed competitive 12 bids for the countywide facilities HVAC coil combing 13 project as a result from the 2016 hailstorm. Of course 14 this affects all precincts. Mr. Hastings. 15 MR. HASTINGS: Thank you. In May, 2016 16 there was a hailstorm. 72 heating ventilation and 17 air-conditioning units sustained hail damage to the 18 condenser coils, which is flattening of the aluminum 19 heat transfer fins, ranging from zero to 45 percent 20 blockage of air flow. The county's insurance provider, 21 Texas Association of Counties, sent an adjustor who 22 prepared a document showing to replace 30 units, repair 23 34 by combing the coils, and do nothing to 8 units. On 24 May 22nd, 2017 Court Order Number 36122 was adopted 25 selecting the sealed bid method, to include materials 11 1 and labor for storm damage, roofing and HVAC repairs 2 and/or replacement due to the 2016 hail damage storm, in 3 accordance with the Armko Industries, Incorporated 4 engineering contract. Plans and specification were then 5 prepared by Armko to replace 52 of the units, and repair 6 14 by combing the coils. The project was advertised and 7 sealed bids were opened, and subsequently rejected by 8 Court Order Number 36284 on August 28th, 2017 due to 9 differences in project scope between the county's 10 insurance provider TAC and the county's engineering 11 consultant Armko. 12 During the bidding process TAC had tired a 13 consultant Young & Associates to review the 14 specifications, and they noted many, if not all, of the 15 HVAC units that were specified to be replaced could 16 possibly be repaired by combing the coils as noted in 17 the attached Young & Associates report dated August 18 17th, 2017. 19 Following rejection of the bids TAC hired a 20 second consultant, Halliwell Engineering Associates to 21 review the plans and specifications to resolve the 22 differences in the scope. Halliwell prepared, and it's 23 attached, Halliwell Engineering Associates report dated 24 October 31st, 2017 in which they made the following 25 recommendations concerning the HVAC repair of all 72 12 1 units. 2 This building, the courthouse, the original 3 courthouse 12 HVAC units, coil fin hail damage was zero 4 to 12 percent. They recommended comb and clean the 5 coils. The courthouse addition, which is right to my 6 left, 13 HVAC units, coil fin hail damage was 3 to 45 7 percent, comb and clean the coils. The Juvenile 8 Detention Facility seven HVAC units, coil fin hail 9 damage was 3 to 30 percent, comb and clean the coils. 10 They recommended -- in every instance they're 11 recommending to comb and clean the coils. The Juvenile 12 Probation Facility has 8 HVAC units. The hail damage 13 was 3 to 30 percent, again comb and clean the coils. 14 The Law Enforcement Center, 20 HVAC units, coil fin hail 15 damage was anywhere from 3 to 40 percent, comb and clean 16 the coils. And finally the Sheriff's Annex, 12 HVAC 17 units, the coil fin hail damage was zero to 12 percent, 18 and they wanted to comb and clean the coils. 19 Armko has since prepared plans and 20 specifications to repair 72 HVAC units by combing and 21 cleaning the coils. If approved by the Court the 22 project would be advertised in the Hill Country 23 Community Journal on Friday December 15th, 2017 and 24 Friday, December 22nd, 2017. 25 A walk-through conference will be held on 13 1 Tuesday, January 9th, 2018 at the Kerr County 2 Courthouse, and the competitive sealed bids would be 3 received by the County Clerk no later than 8:30 a.m., 4 Friday, January 19th, 2018 to be opened and considered 5 by the Court on Monday, January 22nd, 2018 at 9:30 a.m. 6 The County Engineer recommends that the 7 Court authorize advertising for sealed competitive bids 8 for the countywide facilities HVAC coil combing project 9 as a result from the 2016 hail storm. Precincts 1, 2, 10 3, and 4. 11 COMMISSIONER MOSER: Charlie, let me put on 12 my engineering hat for a minute. A couple things, 13 combing the fins, nothing wrong with that. As a matter 14 of fact cleaning them probably going to be more 15 efficient than they were before, and probably some 16 damage also from other things. So that could be an 17 improvement. The other question is the pressurized 18 coils as part of the fin, so if they damage those there 19 oughta be something to say they're not leaking now, 20 everything's functioning properly, just not as efficient 21 as it should. 22 MR. HASTINGS: Right. 23 COMMISSIONER MOSER: So there oughta be 24 something that if somebody damages the coils, if we go 25 with the cleaning -- 14 1 MR. HASTINGS: As a result of this -- 2 COMMISSIONER MOSER: Yes, with the combing 3 and cleaning, as a result of this, they need to be 4 responsible for that. 5 MR. HASTINGS: Yes, Sir, and that's in the 6 plans and specs as you stated. If they damage it while 7 they're cleaning it then they'll need to do something 8 about it. 9 COMMISSIONER MOSER: That'll be in there, 10 very good. Very good. 11 MR. HASTINGS: Yes. 12 COMMISSIONER LETZ: Charlie, the question I 13 have when I'm looking at that, and maybe there are other 14 county facilities that aren't mentioned, was there no 15 damage to those other HVAC units? I'm thinking of the 16 annex, and maybe it's because we lease that building, 17 but also the Hill Country Youth Event Center, the 18 extension office, where those -- 19 MR. HASTINGS: They didn't have hail damage 20 to to any of their fins. And they probably had -- they 21 have hail guards on them as well. And several of 22 these -- although the money we have from TAC is not to 23 put hail guards on, when we're done, we really need our 24 Maintenance Department to go around and get hail guards 25 on all of these units separate from this to prevent this 15 1 from happening in the future. 2 COMMISSIONER REEVES: To answer your 3 question, Commissioner, when the adjustor was out here 4 he went to every building. As you know, you know the 5 Event Center already had some damage, but they didn't 6 see any on this, and I will say that Charlie has spent a 7 lot of time reviewing studies on benefits of combing 8 versus replacement, and after several conference calls, 9 I believe Charlie is also of the opinion, as our 10 Engineer, that this is the best way to go, are you not? 11 MR. HASTINGS: Yes, Sir. 12 COMMISSIONER REEVES: And we hired one of 13 our local AC companies to go comb one of them to see the 14 time that it took and everything, and this would be the 15 best way to go. 16 MR. HASTINGS: Yes, Sir. 17 COMMISSIONER MOSER: So what do we need? 18 COMMISSIONER LETZ: We need to authorize to 19 go out for competitive bids. 20 MR. HASTINGS: Yes. 21 COMMISSIONER LETZ: I make a motion that we 22 authorize preparing and going out for competitive bids 23 regarding the countywide facility HVAC coil combing 24 project. 25 COMMISSIONER MOSER: I'll second that. 16 1 JUDGE POLLARD: It's been moved by 2 Commissioner Letz, seconded by Commissioner Moser to 3 advertise for bids to comb, I think, comb and clean, I 4 think -- 5 COMMISSIONER LETZ: Yeah. 6 JUDGE POLLARD: -- the units, HVAC units, 7 rather than replacement as presented by Mr. Hastings, 8 and in the agenda package today. Is there any further 9 comment or questions? I have one, if we elect not to 10 replace them, and the bid's based on replacing, is it? 11 Is the -- does the insurance adjustor think that some of 12 them need to be replaced or originally thought so? 13 MR. HASTINGS: They originally thought so, 14 but they've had it reviewed by two additional 15 consultants, and both of them said naw, these can be 16 combed out. 17 JUDGE POLLARD: So doing it this way is not 18 going to prejudice our future claims on any -- on our 19 insurance coverage? 20 MR. HASTINGS: No, Sir, it won't. 21 JUDGE POLLARD: That was my concern. 22 COMMISSIONER REEVES: And both of the 23 consulting engineering firms were hired by TAC as part 24 of our insurance benefits that we get from them if we 25 didn't have to go out and hire other engineering firms 17 1 to conduct these studies. 2 COMMISSIONER BELEW: That's good. 3 JUDGE POLLARD: Okay. Any further comment 4 or discussion? If not, those in favor of the motion 5 signify by raising your right hands. It's four zero, 6 unanimous. One abstention, myself. 7 Let's go to the next item 1.2 on the agenda, 8 consider, discuss and take appropriate action for the 9 Court to approve a general contract, this is a small 10 project contract, with Feller Fabrications LLC for the 11 construction of a steel shelter over the fuel tank 12 island at Spur 100 Road and Bridge yard, and approve a 13 professional services agreement with Rock Engineering & 14 Testing Laboratory, Inc. for foundation reinforcement 15 steel inspection and concrete testing. Mr. Hastings. 16 MR. HASTINGS: Thank you. Court Order 17 number 36414 authorized Maxwell Engineering to prepare 18 plans and specifications for the foundation design of a 19 pre-engineered metal building type structure. Maxwell 20 Engineering has since prepared those plans and 21 specifications for the foundation, and the Kerr County 22 Engineer has received a quote from Feller Fabrications 23 LLC in the amount of $30,846.00 to construct both the 24 foundation and 34 by 70 foot steel shelter over the fuel 25 island at the Road and Bridge Spur 100 yard. 18 1 Kerr County Engineer has also received a 2 quote from Rock Engineering & Testing Laboratory, Inc. 3 in the amount of $1,000.00 for the foundation 4 reinforcement steel inspection and concrete testing. 5 The proposed total expenditure for both the construction 6 and testing is $31,846.00, and would be paid for out of 7 the following Road and Bridge line item 15-612-553, 8 which is contract fees. It has a balance of $21,320.00. 9 Road and Bridge Department would like to use $18,846.00 10 of that line item. Road and Bridge would also like to 11 use line item 15-612-569, which is operating equipment. 12 Their balance right now is $16,250.00. Of that balance 13 they'd like to use $13,000.00 for a total of $31,846.00. 14 Just as a side note, the proposed fuel 15 island shelter once constructed will be added to the 16 county's list of capital assets and will need to be 17 added to our insurance with TAC. We'll take the steps 18 to make sure that folks with the County that need that 19 information have it. 20 The County Engineer requests the Court 21 approve the general contract, it's a small project, with 22 Feller Fabrications LLC in the amount of $30,846.00 for 23 the construction of the steel shelter for the fuel tank 24 island at the Spur 100 Road and Bridge yard, and approve 25 a professional services agreement with Rock Engineering 19 1 & Testing Laboratory, Incorporated in the amount of 2 $1,000.00 for foundation reinforcement steel and 3 concrete testing, to be paid for with $18,846.00 of line 4 item 15-612-553, and $13,000.00 of line item 15-612-569, 5 Precincts 1, 2, 3 and 4. 6 COMMISSIONER MOSER: Charlie, question. 7 MR. HASTINGS: Yes. 8 COMMISSIONER MOSER: Or maybe to Kelly. Why 9 are we putting a cover over the fuel island? 10 MS. HOFFER: You got bad weather, things 11 like that, and they're filling units, and most of the 12 stuff on our big equipment is probably 50 to 75 gallon 13 tanks on those things. Just to aid in keeping them 14 somewhat out of the weather is our standard of trying to 15 fuel a piece of equipment. 16 COMMISSIONER MOSER: So we've been doing it 17 for a bunch of years without it, but now this is -- make 18 it better? 19 MS. HOFFER: Plus, it probably help on the 20 tanks and the hoses for the pumps not just sitting out 21 in the direct sunlight, too. 22 COMMISSIONER MOSER: This have walls on it 23 or just -- 24 MS. HOFFER: It has a short retaining wall 25 in case there's a leak in one of the three tanks to -- 20 1 COMMISSIONER MOSER: But, still it's going 2 to get ultraviolet from the sides from the sun? Yeah. 3 MS. HOFFER: Right now it's all in the 4 direct sun. 5 COMMISSIONER MOSER: No, but I'm saying even 6 with a roof on it still going to get that -- 7 MS. HOFFER: You gotta get some. 8 COMMISSIONER MOSER: Another question. The 9 building, the steel building that was put over the -- 10 that you guys constructed yourself and erected, I think, 11 that doesn't have a concrete foundation in it, does it? 12 MR. HASTINGS: It has concrete piers that 13 were designed by Maxwell Engineering also. It has 14 concrete piers. 15 COMMISSIONER MOSER: Okay, this is just for 16 piers. Just for peers, okay. You answered my 17 questions, thanks. 18 JUDGE POLLARD: Is there a motion? 19 COMMISSIONER LETZ: Question, also. The 20 only thing that concerns me about it is not the need of 21 it, is basically taking contract fees and operating 22 equipment down to zero early in the budget year, or 23 basically to zero. I mean there's going to be a little 24 bit of money left in both of them, you know. I guess my 25 concern is that that's -- those are two line items that 21 1 are used kind of to -- for various projects at times, 2 and make sure that y'all are, you know, taking the 3 budget pretty low in the first quarter of the year. 4 COMMISSIONER MOSER: And I think we're going 5 to have to follow up on that. I think we're going to 6 have something else later on the agenda on needing some 7 funds for some engineering studies, which is probably in 8 my judgment probably higher priority than some of this. 9 Since we've not had a cover over this thing for many 10 years, so -- 11 JUDGE POLLARD: Is there a motion? 12 COMMISSIONER MOSER: I'd like to wait until 13 we get to the other agenda item, so can we just delay 14 taking action on this until we get there? 15 JUDGE POLLARD: Is that agreeable? 16 COMMISSIONER REEVES: Which item are we 17 waiting on, Commissioner? 18 COMMISSIONER MOSER: The flood control item. 19 What number is it? 20 COMMISSIONER LETZ: 1.6. 21 COMMISSIONER MOSER: 1.6. 22 COMMISSIONER LETZ: You can call that now if 23 you wanted, and talk about both at the same time. 24 JUDGE POLLARD: All right, is that 25 agreeable? 22 1 COMMISSIONER MOSER: Sure. 2 JUDGE POLLARD: All right, we'll call item 3 1.6 consider, discuss and take appropriate action for 4 the Court to approve a professional services agreement 5 with Purkeypile Consulting LLC for hydrologic and 6 hydraulic analysis of Third Creek. Mr. Hastings. 7 MR. HASTINGS: Thank you. Purkeypile 8 Consulting LLC has been contacted by the County, by 9 myself, to see if we can get a flood study done for the 10 portion of Third Creek from Spur 100 to the Guadalupe 11 River. It's never been studied. There's not a study on 12 file with FEMA. We'd like -- we know the City has 13 studied Third Creek for their effluent pond and for that 14 area, and they are submitting a letter of map revision 15 that reflects their study. Their study is stopped. 16 What they have submitted to FEMA stops at Spur 100. 17 We'd like to pick up and continue the study from Spur 18 100 to the Guadalupe River as it affects a lot of our 19 property, and we want to establish what the base flood 20 elevations are, and see where the floodplain is. 21 COMMISSIONER LETZ: I think it's an 22 important project for us to do. And just as a -- 23 there's in the letter from Purkeypile Engineering a 24 couple things he's going to need, and part of it was 25 access to City property, and I visited with -- I visited 23 1 with either the Mayor or City Manager, probably both of 2 them about this, and they said there's absolutely no 3 problem for the City allowing cross sections, a shot 4 across their property, and they've been very 5 forthcoming. The other information that was requested, 6 I believe they've already provided. 7 COMMISSIONER MOSER: I think this is 8 important, because we got a couple analyses to the north 9 and east -- I mean north and west of this area, so I 10 think taking in all the river is important to understand 11 where we are, especially if we look at other things 12 around the Road and Bridge facility, or the ball fields, 13 or the AG barn, or anything else we need to -- need to 14 know where that floodplain is. So I think -- and my 15 question is is what -- what's the thing on this, 16 $9,000.00 or -- 17 MR. HASTINGS: The fee with Purkeypile 18 Engineering is $9,000.00. There are additional services 19 that are not included in the 9,000 that are needed in 20 the survey. We already have some surveying that we did 21 6, 7, 8 months ago of the County Surveyor, and 22 Purkeypile does outlay what he needs in this scope, and 23 I'd like to share that scope with the County Surveyor, 24 and get a cost from him. He has indicated -- I have 25 shared this scope with him already and he indicated that 24 1 it would be about a $3,000.00 additional cost. 2 COMMISSIONER MOSER: So you are somewhere in 3 the $12,000.00 range? 4 MR. HASTINGS: $12,000.00. 5 COMMISSIONER MOSER: Approximately, without 6 holding you to it. And you're proposed funding source 7 for this is? 8 MR. HASTINGS: I believe it -- it's coming 9 out of the contingency, the general fund contingency. 10 COMMISSIONER MOSER: That's my concern. 11 Taking money out of contingency as opposed to what we 12 were talking about a while ago. I'm going to put it in 13 the category nice to have on the shelf or for the fuel 14 island. And this is, I think, in my judgement a higher 15 priority than the funds for the fuel island shelter, so 16 especially taking it out of contingency. I'm not too 17 much in favor of that, or I'm not in favor of that. 18 COMMISSIONER LETZ: I mean I think -- you 19 know, my preference would be -- I agree this is a higher 20 priority to me to get this done, and the timing is more 21 important so I'd rather go ahead and use some of those 22 funds, contract services fees, for this project. Later 23 in the year if there are funds available in the Road and 24 Bridge budget bring back putting the cover on the 25 fuel -- the fuel area, and do that at that time. 25 1 COMMISSIONER MOSER: I agree. 2 COMMISSIONER LETZ: I'm not against that 3 project; I just hate going into our contingency and our 4 funds right now. 5 COMMISSIONER MOSER: It's a matter of 6 priority funding. Yeah, both of them are good. I think 7 the flood study is -- I agree with Commissioner Letz, is 8 a higher priority, so -- 9 COMMISSIONER REEVES: What do you anticipate 10 the total cost of the project with Purkeypile, it's 11 9,000.00, and then how much in surveying? 12 MR. HASTINGS: An additional 3. 12,000 13 total. 14 COMMISSIONER REEVES: And I have to tend to 15 agree with the rest of the Court on this, that taking 16 12,000 out of contingency this early in the year when we 17 don't know what else may be happening, I would like to 18 come back at a future date when we see what our costs 19 are, and maybe we can go ahead and get the fuel island 20 covered. I think it's something that is needed, but I 21 don't see taking money out of contract services right 22 now, or contract fees for that, and operating equipment 23 as well. 24 COMMISSIONER MOSER: So Charlie, you want to 25 come back on 1.6 when you get the surveying estimate, or 26 1 we can just put in there do not exceed. 2 MR. HASTINGS: I'd prefer the do not exceed 3 so we can get rolling on it. 4 COMMISSIONER MOSER: Okay. I make a motion 5 that we approve professional services agreement with 6 Purkeypile Consulting for hydraulic and -- hydrologic 7 and hydraulic analysis of Third Creek as presented by 8 the County Engineer, and for additional surveying not to 9 exceed $3,000.00, for a total of $12,000.00. 10 COMMISSIONER LETZ: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Moser, seconded by Commissioner Letz. This is in 13 connection with item 1.6 on the agenda to approve a 14 professional services agreement with Purkeypile 15 Consulting LLC for hydrologic and hydraulic analysis of 16 Third Creek. Was it for not to exceed $12,000.00, is 17 that right? 18 MR. HASTINGS: Correct. 19 JUDGE POLLARD: 9,000, I think to go to 20 Purkeypile, and another estimated 3,000 for surveying, a 21 total of 12,000, so it's not to exceed $12,000.00. 22 MR. HASTINGS: Yes, Sir. 23 JUDGE POLLARD: Okay, is there any further 24 comment or discussion about that item? 25 COMMISSIONER LETZ: And I guess in the 27 1 funding source at the moment would be under item 2 contract fees. 3 JUDGE POLLARD: Okay. 4 COMMISSIONER BELEW: Should that be in the 5 motion? 6 JUDGE POLLARD: I'll add it to the motion 7 with -- by agreement of the parties? 8 COMMISSIONER MOSER: Yes. 9 COMMISSIONER LETZ: Is that -- 10 JUDGE POLLARD: It's added. 11 COMMISSIONER LETZ: Is the place it should 12 come -- 13 JUDGE POLLARD: Coming out of that 14 particular funding source. 15 MS. HOFFER: Yes, Sir. 16 JUDGE POLLARD: All right. Any further 17 comment or discussion? There being none, those in favor 18 of that motion on item 1.6 raise your right hand. It's 19 four zero, unanimous. One abstention, myself. 20 COMMISSIONER MOSER: You need to go back 21 to -- 22 JUDGE POLLARD: We gotta go back to 1.2, and 23 what do you want to do about that now? 24 COMMISSIONER LETZ: Table it. 25 COMMISSIONER MOSER: Table it. 28 1 JUDGE POLLARD: Okay. Is that agreeable 2 with everybody? 3 COMMISSIONER BELEW: Uh-huh. 4 JUDGE POLLARD: Okay, we'll just table it. 5 Item 1.3 consider, discuss and take 6 appropriate action to open, read and award the annual 7 bids for road base, cold mix, aggregate, emulsion oil, 8 and corrugated metal pipe. Kelly Hoffer. 9 MS. HOFFER: After the bids have been opened 10 and read, we would like to review immediately and return 11 on this Court day, December 11th, 2017, and award the 12 annual bids for road base, cold mix, aggregate, emulsion 13 oil, and corrugated metal pipe. All bid prices are to 14 begin January 1st, 2018, and be in effect until December 15 31st, 2018. 16 At this time, we ask the Court to open and 17 read all material bids. 18 COMMISSIONER LETZ: Bid from Brauntex 19 Materials out of New Braunfels for paving aggregates. 20 Received a bid from Brauntex Materials out of New 21 Braunfels for base materials, and received a bid from 22 Brauntex Materials out of New Braunfels for hot-mix 23 cold-laid asphaltic concrete pavement. 24 A bid for emulsion oils from Ergon Asphalt & 25 Emulsions. 29 1 We received bids from Wright Asphalt for 2 paving aggregates. Wright Asphalts one for emulsion 3 oil. Wright Asphalts made a one for corrugated metal 4 pipe. Wright Asphalts submitted one for base material, 5 and they have submitted one for hot-mix cold-laid 6 asphaltic concrete pavement as well. 7 Received bids from Allen Keller for base 8 materials. It's Allen Keller out of Fredericksburg, and 9 also the paving aggregates from Allen Keller. 10 Received bids from Wheatcraft in Center 11 Point for base material, and we also received one from 12 Wheatcraft for paving aggregates. 13 Received one from Wilson Culverts for 14 corrugated metal pipe. 15 Received one from Vulcan Construction 16 Materials for paving aggregates, and for base material, 17 and for hot-mix cold-laid asphaltic concrete pavement. 18 So, Kelly, we got a lot of bids. 19 MS. HOFFER: Good. 20 JUDGE POLLARD: That's good. 21 COMMISSIONER LETZ: And then we received one 22 from Contech Engineered Solutions for corrugated metal 23 pipe. 24 And received one from Edmund Jenschke for 25 base material. 30 1 Received one from Martin Marietta for base 2 material, and we received one from Martin Marietta for 3 paving aggregates, and that's it. 4 COMMISSIONER MOSER: Are those prices FOB, 5 what? 6 COMMISSIONER LETZ: I think they were done 7 both ways, some of them. 8 MS. HOFFER: The base is the one that can be 9 flexible. A lot of it depends, too the location of the 10 project. Even though low bid may be the low bid on it, 11 but if it's the farthest distance, and it's written in 12 bid packet on that we may be able to go to a closer 13 location as far as transportation costs. 14 COMMISSIONER MOSER: So how do you evaluate 15 that. 16 MS. HOFFER: What do you -- 17 COMMISSIONER REEVES: Y'all put it on a 18 matrix and come back and talk to us about each one, 19 correct? 20 MS. HOFFER: No. We've got it listed in 21 there as far as -- 22 COMMISSIONER REEVES: No. But I mean you're 23 going to analyze the bids -- 24 MS. HOFFER: Right now, yes. 25 COMMISSIONER REEVES: -- that's what I'm 31 1 talking about. 2 MS. HOFFER: We're going to step outside 3 once we've got it. If you get a point that you can fit 4 us back in, we'll come back in and we'll announce. 5 COMMISSIONER MOSER: My question is somebody 6 bids from New Braunfels, or something's bidding it from 7 Fredericksburg, how do you evaluate? 8 MS. HOFFER: It'll be in there, it should be 9 coming to Kerrville on -- 10 COMMISSIONER MOSER: Not my question, Kelly. 11 Is it FO -- if it's priced delivered to Kerrville, or 12 priced -- 13 MS. HOFFER: It should be priced delivered 14 to Kerrville. 15 COMMISSIONER MOSER: Okay, good enough. 16 COMMISSIONER LETZ: And they submit them 17 different ways. 18 MS. HOFFER: They do. Martin Marietta used 19 to bid it and it looked like a really inviting price, 20 and if you read the fine lines on it you had to go to 21 San Antonio to get that price so we would have to go 22 and -- 23 COMMISSIONER MOSER: That's my -- you made 24 my point. 25 MS. HOFFER: But it should be FOB. 32 1 JUDGE POLLARD: The answer to your question 2 is it's both ways in some of these, and the answer is in 3 these documents, and going to have to look at the 4 documents to determine that. 5 COMMISSIONER BELEW: My question, Kelly, is 6 that only one of these companies it sounds like offers 7 everything, one stop shop. Are you in need of 8 everything, culverts, oil, base, everything? 9 MS. HOFFER: Yes, Sir. 10 COMMISSIONER BELEW: Has it been your 11 experience in the past that we save any money by going 12 to different -- 13 MS. HOFFER: We bid it as individual items. 14 If that company has all the lowest prices, they'll win 15 the bid for all the items; but generally, it just 16 varies. You know, you got Wilson Culverts and Contech, 17 and they're -- what they provide is culvert pipes and 18 metal. And that's one year one -- it fluctuates with 19 those two companies. 20 COMMISSIONER BELEW: Well, you got one of 21 them that has almost everything, and one that has 22 everything, and all the rest are piecemeal. 23 COMMISSIONER REEVES: But each bid is 24 individual, isn't it, Kelly, like culverts are separate? 25 MS. HOFFER: Yes, Sir. 33 1 MS. HOFFER: Yes. 2 JUDGE POLLARD: Do y'all want to participate 3 in her view of it? Any of you want to participate in 4 the review of them in case there are questions about 5 FOB, where, and all of that? 6 COMMISSIONER LETZ: I'll just give you an 7 example on the bid forms, I'm looking at base material. 8 It's bid FOB suppliers plant, and FOB Kerr County, so 9 it's bid both ways so they can kind of look and see if 10 we have a truck available it may be quicker and cheaper 11 for us to go do that. Sometimes may be quicker 12 delivered. Quantities -- 13 COMMISSIONER MOSER: Okay, good enough. 14 COMMISSIONER REEVES: Return them to -- 15 JUDGE POLLARD: Okay, we're agreeable to 16 putting her -- just deferring this until later in the 17 agenda and then get her decision about this, is that 18 correct? 19 COMMISSIONER REEVES: Yes. 20 COMMISSIONER LETZ: Well -- 21 JUDGE POLLARD: The recommendation. 22 COMMISSIONER MOSER: Recommendation. 23 COMMISSIONER LETZ: But usually we get it in 24 the record, make a motion to accept all bids as read, 25 and refer them to Road and Bridge Department. 34 1 JUDGE POLLARD: Okay, you going to make a 2 motion? 3 COMMISSIONER LETZ: To come back with a 4 recommendation at a later time. 5 COMMISSIONER REEVES: Is that your motion? 6 COMMISSIONER LETZ: Yes. 7 COMMISSIONER REEVES: I'll second. 8 JUDGE POLLARD: Been moved by Commissioner 9 Letz, seconded by Commissioner Reeves to accept all bids 10 as submitted. They'll be studied and come back for a 11 recommendation later on in agenda. All right, any 12 further questions or comments on the motion? If not, 13 those in favor of the motion signify by raising their 14 right hands. It's four zero, unanimous. One 15 abstention, myself. 16 All right, let's go to item, I guess, it's 17 1.4 consider, discuss and take appropriate action for 18 the Court to adopt a resolution requesting the Texas 19 Department of Transportation to allow for the creation 20 of safe work zones on the East Kerr County/Center Point 21 Wastewater Project by reducing the speed limit to 60 22 miles per hour on State Highway 27 during times of 23 construction in association with approved traffic 24 control plans. Practically everybody, Commissioner 25 Letz, Commissioner Moser, Reagan Givens, and Charlie 35 1 Hastings. 2 COMMISSIONER LETZ: And Reagan, he's not on 3 this one. I'll get started with this. The issue came 4 out of our monthly conference that we have with all 5 the -- everyone involved with that project, and they're 6 getting ready to start work going down Highway 27, and 7 start looking at what they're doing and the traffic 8 control plan, they're going to be putting barriers up 9 along the edge of the pavement, maybe on the white line 10 of the pavement, which is very close to the main line, 11 main traffic. As a safety precaution because the ditch 12 they'll be digging and the equipment and all that stuff 13 will be next to it, or in the right-of-way, and that 14 right-of-way is not real real wide. And the traffic 15 control plan does not lower the speed limit, and we've 16 talked to TxDOT -- or Charlie talked to TxDOT, and it's 17 kind of a weird thing for me, but as I understand it if 18 it's a TxDOT project it's real kind of sails through and 19 the speed limit gets lowered. But this isn't a TxDOT 20 project, so we have to get the ball going to get the 21 speed limit lowered during the construction area, 22 because I think it's going to be very /TAEUPBG /HRULS 23 testify these barricade right on the edge of the road 24 and that road's heavy traffic and dangerous road as it 25 is. 36 1 So the first step is for us to get a 2 Resolution to TxDOT, the local TxDOT office will then 3 get a resolution up to the Transportation Commission to 4 approve lowering the speed limit. That's kind of the 5 process. Is that -- 6 MR. HASTINGS: That's correct. 7 COMMISSIONER LETZ: -- did I have that 8 right? 9 MR. HASTINGS: Yes, Sir. 10 COMMISSIONER LETZ: Anyway, the purpose of 11 this, I just drafted a relatively generic resolution. I 12 think everyone received a copy of this morning. The one 13 question that I -- Commissioner Moser and I visited a 14 little bit before Court as to whether the speed limit 15 should be -- we should say lower it to 60, or lower it 16 to the lowest safe speed. 17 JUDGE POLLARD: I would think less than 60. 18 If you're going to have barriers right on the edge of 19 the roadway like that. 20 COMMISSIONER BELEW: Does it require any 21 extra verbiage to -- I'm sorry, Judge. Does it require 22 any extra verbiage with people out there flagging them 23 down? 24 COMMISSIONER LETZ: They'll have people out 25 there. They have a traffic control plan that TxDOT's 37 1 very pickty on. I don't know if anybody's been through 2 Comfort where they're working right over by the Mini 3 Mart. 4 JUDGE POLLARD: The motion authorizes 60 5 miles an hour or less. Would that give them room for 6 TxDOT to make recommendations on the site, and -- 7 COMMISSIONER MOSER: And the wording we 8 talked about would be to lower the speeds to safe speed, 9 but no greater than 60 miles per hour. That way they go 10 lower than 60. Hopefully. 11 COMMISSIONER LETZ: To a safe speed -- 12 COMMISSIONER MOSER: But no lower than 60 -- 13 no greater than 60. 14 COMMISSIONER BELEW: Not to exceed 60. 15 COMMISSIONER MOSER: Not to exceed 60. 16 JUDGE POLLARD: All right, is that your 17 motion? That's your motion? 18 COMMISSIONER LETZ: I make a motion then 19 that we adopt a Resolution with the modification as 20 Commissioner Moser stated as to change the language in 21 there now therefore be it resolved portion to -- 22 COMMISSIONER MOSER: To lower the speed 23 limit to a safe speed, but not -- no greater than 60 24 miles per hour. I'll second that. 25 JUDGE POLLARD: Okay, I'm not going to try 38 1 to repeat that motion. As stated, all right. And you 2 got the resolution there. All right, is there any 3 further comment on that motion? If not, those in favor 4 signify by raising your right hands. It's four zero, 5 unanimous. One abstention, myself. 6 All right. Item 1.5 update on operations, 7 pet adoption policy, and other related matters at the 8 Kerr County Animal Services. Commissioner Reeves and 9 Reagan Givens. 10 COMMISSIONER LETZ: Let me get this started 11 because we're both -- 12 JUDGE POLLARD: And Letz. Sorry I missed 13 you. 14 COMMISSIONER LETZ: That's all right. A 15 couple things. It's on the agenda for several reasons. 16 One, there is some, I guess, allegations possibly made 17 about some situations at the Animal Control facility and 18 some other things, and I want to make it clear that that 19 was investigated internally, and -- 20 COMMISSIONER REEVES: And by the Sheriff's 21 Department. 22 COMMISSIONER LETZ: And by the Sheriff's 23 Department. And all those allegations were completely 24 false. So I just wanted to make that -- for the Court, 25 I just wanted to make sure that we're all aware that 39 1 everything -- that there's all that has been taken care 2 of, and there's nothing to it. 3 COMMISSIONER MOSER: Allegation of 4 mistreating animals or something? 5 COMMISSIONER LETZ: Yeah. The other part of 6 it is we are nearing the time when we're going to be 7 effective under the new agreement with the City, and the 8 first page the members of the Court got. A comparison 9 of work -- working hours for the animal control officers 10 based on what we approved in the budget, and it's last 11 year it was relatively simple we worked 8 to 5 Monday 12 through Friday, and we had up to a 120 hours per week 13 for three Animal Control officers, and then they were on 14 call during the nights and weekend, and that caused some 15 comp time, and things of that nature, so we didn't 16 always have three on duty during the day. And 17-18 17 we've increased the staff out there. So Monday through 18 Sunday, basically 24/7, that's 6 a.m. to 6 a.m., because 19 I wasn't sure how you say -- since what we're doing the 20 whole day that's one Animal Control officer taking a 168 21 hours per week. And then we have one -- I say we, this 22 is the schedule that Reagan's gotta come up with. One 23 would be on duty 8 to 5 everyday, so that's 40 hours a 24 week, so you know, during the day, we will have probably 25 a little bit lower staff than we did last year, and 40 1 that's just kind of an update on the staffing part. 2 It's only on Animal Control Officers. 3 COMMISSIONER MOSER: Just for clarification, 4 so we added one and a half to the Animal Control. 5 COMMISSIONER REEVES: Two. Actually two. 6 COMMISSIONER LETZ: We added two, but it 7 still reduces half during the day because of the 24/7. 8 And that's one of the things, you know, that we're going 9 to look at. Reagan's going to be keeping very accurate 10 records as to what he's doing at night. I think as to 11 the reviews we're going to have after March with the 12 City on the agreement. You know, it's -- if this is -- 13 part of it is do we really need somebody on duty from 12 14 a.m. to 5 a.m., is there really a need right then, or 15 can we go back to being on call, and maybe ask staff to 16 do other things. But we have to evaluate. 17 COMMISSIONER REEVES: And we'll know more 18 after we've gone through, and I believe, Reagan, you 19 started yesterday -- 20 MR. GIVENS: Yes. 21 COMMISSIONER REEVES: Even though the 22 agreement doesn't go into effect until 01-01. We 23 started yesterday with the 24 hour shift so we can start 24 working the bugs out of it and everything like that. 25 COMMISSIONER MOSER: Yeah, good. Okay. 41 1 COMMISSIONER LETZ: And the second page 2 Reagan, Bob, and I have been talking for the last month 3 about pet adoptions, and I kind of took the first stab 4 at a policy. And then Reagan edited, and Bob edited, 5 and I edited, and they were edited again, so this is 6 kind of where we are, and it's just a, you know, two 7 things. Well, first I want to say that pet adoption's 8 are great, Reagan is a hundred percent behind, I think 9 Bob and I are. But that's number four on the list in my 10 mind of the purpose of that facility. I mean it's 11 animal control, it's rabies control, things of that 12 nature. Pet adoptions are certainly something we want 13 to pursue, but you know, it's not the number one 14 priority in my -- because I mean, it's not our purpose 15 out there. It's rabies control and animal control is 16 the primary purpose and function of that. Pet adoption 17 helps those too, but it's not the only thing. 18 Anyway, this policy we kind of looked at is 19 kind of -- and it's -- and I'll also say I have met with 20 Karen Guerrero who's here today, who's been very 21 involved with pet adoptions, and Miss Burns -- 22 MS. BERNSTEIN: Bernstein.(phonetic) 23 COMMISSIONER LETZ: Bernstein.(phonetic) 24 And that's the lady pretty much that started the walk in 25 the park program -- 42 1 COMMISSIONER REEVES: Bark in the park. 2 COMMISSIONER LETZ: Bark in the park, walk 3 in the park, something in the park. Anyway, spent a lot 4 of time with Tivy kids and spent a lot of time with 5 animals as well. So the idea is to come up with a more 6 structured adoption program out there. In fact -- and 7 I'm not going to read the whole thing. We can all read 8 it. But basically it says in the afternoons every day 9 of the week, is kind of when we would like people to 10 come out for adoptions. Part of that is with the 11 staffing in the morning we're shorter staffed than in 12 the afternoons because of picking up traps and things of 13 that nature. If we have time and people come out in the 14 morning, it doesn't mean they're not going to be able to 15 go and do adoptions if we have a staff there, they can 16 certainly proceed, but in the afternoon we will always 17 be staffed if at all possible to handle it. In the 18 morning we're cleaning kennels and doing all that type 19 stuff. So trying to set definite hours. 20 We are going to put a -- you know, look at 21 no cameras in the kennel area, just because it's -- you 22 know, some pictures have been taken out there that are 23 not flattering to the animals, let me put it that way. 24 And it's hard to take a nice picture of these animals in 25 the kennel. If these people are interested in dogs they 43 1 certainly people can go back to the kennel, if they're 2 interested, go out into a designated area, take 3 pictures, play with the dogs and see how all that works. 4 The other thing if we're going to -- 5 Reagan's going to start hosting one event per month for 6 pet adoptions, trying to anyway, at a designated 7 location. From talking with everyone it seems like we 8 may try to do it at the facility, building a little area 9 out there, redoing kind of over there where the 10 livestock area is, trying to make a spot, you know. I 11 think maintenance could build a little area that's a 12 little bit isolated from the main part of the facility, 13 and get known that there is a program once a month to go 14 out there at that facility. I've also looked at doing 15 at that facility or other pet adoptions at other places 16 around town. That's not out either, maybe we can 17 alternate, but we need to get on a regular program for 18 pet adoptions, and that's the plan to do that. 19 They currently have a book out there that 20 they keep photos of. Reagan has come up with the idea, 21 or Reagan or his staff, I'm not sure where it came from, 22 for us to authorize purchase of an iPad, or something 23 similar to that, so they upload pictures to a Facebook 24 account that they're going to keep up to date weekly, 25 probably more than that. And it would facilitate doing 44 1 that and getting these pictures both of dogs that they 2 find somewhere and ones that up for adoption. Get that 3 information up and trying to really use a Facebook page 4 a lot more. An iPad will facilitate that, and also 5 rather than having a notebook that you can thumb 6 through, people Thumb through it on the iPad, and a lot 7 more efficient, and lot more time efficient, and that's 8 something that I -- 9 MR. GIVENS: I think that would help us get 10 to Facebook a lot quicker, too. 11 COMMISSIONER LETZ: So this is some changes 12 of basic policy that Reagan was -- like I said, this is 13 largely, and I came up with a draft, and Reagan modified 14 it, based on what, you know, he sees things out there. 15 And there's no action on it, it's something that's under 16 Reagan's, you know, purview to set it up, but 17 combination of going with this 24/7 schedule, and kind 18 of come up with announcing to the public kind of a more, 19 I guess, proactive adoption policy. I just wanted to 20 put it on the agenda. 21 COMMISSIONER REEVES: I'd just add to this, 22 that from the entire report that Commissioner Letz gave, 23 with the exception I'm not sure if adoptions are number 24 four; I think they're a little higher up there. But 25 first and foremost we gotta do rabies control, that's 45 1 mandated. But after that, I think it all falls in, it 2 doesn't matter how you do it after rabies control, this 3 is part -- part of it, of getting animals back to their 4 owners, hopefully with the 24/7 that the staff will have 5 time, the night staff will have time to do some of the 6 Facebook updating and everything when they're not out on 7 patrol. So hopefully, both the the new shelter hours, 8 the new patrol hours, it all work in, would all work 9 better. 10 COMMISSIONER MOSER: The interlocal 11 agreement that we have with the City says that the 12 shelter's open Monday through Friday 8 to 5, and then we 13 -- I think there's no objection, you know, there was at 14 first about it was going to be closed Tuesday and 15 Thursday 8 to noon, I think, for some of your 16 activities -- 17 MR. GIVENS: Yes, Sir. 18 COMMISSIONER MOSER: -- and probably not 19 open to the public, and I don't think there's any issue 20 to anybody on that. But so from this, from this concept 21 it's going to be pet adoption is going from one to four 22 Monday through Friday, that's a big reduction. 23 MR. GIVENS: And that's what it says there, 24 but I don't foresee there being right now -- I mean I 25 think we'll still be able to get everybody in in the 46 1 mornings as well with the exception -- 2 COMMISSIONER MOSER: Well, why don't we 3 say -- 4 MR. GIVENS: -- with the exception of 5 Tuesday and Thursday. 6 COMMISSIONER MOSER: Why don't we say that? 7 COMMISSIONER REEVES: Because there's at 8 times in the shelter in the morning is the cleaning and 9 everything like that that they may not be available. I 10 believe the Interlocal Agreement had Monday through 11 Friday specified times, or times set by -- 12 COMMISSIONER MOSER: Correct, it did say 13 that. 14 MR. GRIFFIN: The only unknown right now is 15 shifts because we're in our first week of the 12 hour 16 shifts. So the only unknown right now is how having two 17 animal control officers there during the week will 18 affect shelter operations during the week. That is our 19 busiest time Monday through Friday, mainly in the 20 morning is our busiest time and that's why I wanted to 21 have at least two animal control officers on during 22 those times. 23 COMMISSIONER MOSER: Well, I think your 24 intent and heart's in the right place, let me say to 25 maximize -- to maximize adoption, so not at the expense 47 1 of rabies control or anything like that. But certainly, 2 so as you look at this, Reagan, if you -- if you see 3 that some adjustment or some additional resource, 4 something could enable you to open it up for more, I 5 would personally like to see what that is. I mean if 6 it's a small amount to a big return on investment for 7 that, because I mean a lot of people can't get there in 8 the afternoon, but they could perhaps at morning, or 9 even at, you know, lunch time, or something like that. 10 I mean the animals you had out there Saturday were -- I 11 mean they were unbelievable. I wanted to adopt all of 12 them, but fortunately I left without doing that, so -- 13 but they were great. You hate to see anything, 14 creatures like that that are so -- so well trained and 15 all, you know, being eliminated just because people 16 didn't get to see them. 17 And one other question I have is it's not a 18 very good image no cameras allowed. What's the reason 19 for that? 20 COMMISSIONER REEVES: Just not in the 21 kennel. If you want to take a picture take it there's 22 that grassy area out there where you can take it. It's 23 just not the kennels. 24 MR. GIVENS: It's just the kennels. 25 COMMISSIONER MOSER: Oh, okay, so there is a 48 1 place where people -- if they want to show their kids -- 2 COMMISSIONER REEVES: Yeah. If you to want 3 walk out and text the photos -- 4 MR. GIVENS: They can always get one of our 5 kennel techs will get a dog out they can look at and 6 take pictures and all that, but in a grassy area that is 7 not -- the photographs people are taking with them -- 8 there's a cage in the way, there's other -- 9 COMMISSIONER MOSER: Thank you. Thank you 10 for that explanation. Just in the kennel area, so there 11 will be a chance. I didn't interpret. Okay, good deal, 12 I like that. 13 COMMISSIONER LETZ: And Commissioner, the 14 reason I put the afternoon in here as a -- I wanted to 15 propose there's a time when definitely we're available. 16 Mornings are -- they're short-staffed -- I mean not 17 short-staffed, but they can be. If there's -- as I 18 understand the process out there, first thing they will 19 do every morning, Monday through Friday, is go check all 20 their traps around town, all that. So you got one 21 officer out there, so we get a call, all of a sudden we 22 have two people out, and we have kennel staff trying to 23 clean up from the weekend. You know, the other part of 24 it is two mornings we're already closed during the 25 mornings, so rather than say okay you can come, you 49 1 know, have it varied different -- you know, Mondays is 2 this date, Wednesday's this time, Friday's this time; 3 just say afternoons, and then other times it's up to the 4 staff to try to accommodate, and that's what it says 5 we'll try to accommodate. 6 MR. GIVENS: I really think we'll be able to 7 accommodate. It's just if we get into a situation that 8 we just can't at that time. That gives us the -- 9 COMMISSIONER MOSER: My request is simple. 10 What does it take -- what does it take to be -- have 11 availability for adoption Monday, Wednesday and Friday 12 from morning until noon? And I don't know you don't 13 know the answer right now, but that's at my request. 14 COMMISSIONER REEVES: I think that's what 15 he's trying to look at as we get change in the staffing 16 level and with this method, and maybe we can go to 17 Monday, Wednesday, Friday mornings, too. But as we're 18 changing the staffing level going to 24 hour shifts we 19 don't know what -- what changes the kennel workers are 20 going to be having because they've had other backups, so 21 at least this is a set time. You know, if they're 22 caught up early in the cleaning and feeding and 23 everything, as Reagan said, it's -- 24 COMMISSIONER MOSER: Okay, okay. All I'm 25 saying is what's the delta required to do it, okay. Got 50 1 it. 2 COMMISSIONER LETZ: And one other comment, 3 or question, and this is really for the County Attorney, 4 the County Attorney just looked up. What would -- if if 5 members of the community wanted to fund an adoption 6 coordinator, for a part-time position for the County, 7 what would be the process to do that? 8 MRS. STEBBINS: I don't know. I'll look. 9 COMMISSIONER LETZ: So basically, they want 10 to, you know, whatever our part time person, you know, 11 cost. They fund it, it's a County part time employee, 12 but it's not paid for out of tax dollars; it's a 13 designated amount of money that comes in from some other 14 source. 15 COMMISSIONER MOSER: That's what I'm looking 16 for. What's this additional resource is required to 17 have it and maybe that's -- maybe -- 18 COMMISSIONER REEVES: I think we'll know 19 more as we get used to this new staffing. We may can do 20 it with what we got; we may not, but until we get used 21 to the new staffing. 22 COMMISSIONER MOSER: We're not adopting a 23 policy today. 24 COMMISSIONER LETZ: This is just kind of a 25 more of an update. It's a direction we're trying to go, 51 1 and Reagan's trying to really be proactive. I mean the 2 Facebook and iPad, all that, that's going to be getting 3 this information out to the public a lot quicker, and 4 trying to keep some of the policy. There's for some 5 reason also some misinformation there about fostering 6 and adoptions, and who can do it where and all that, and 7 I mean, you know, as I understand it, you know, to 8 foster an animal you have to be a Kerr County resident, 9 but if you want to adopt you can be from anywhere. And 10 we do work with the other facilities. Just trying to 11 get this information out more proactively. We have had 12 some periods in the last month or so, transition, 13 Reagan's new out there. We had personnel changes. 14 We've been hiring a lot of new people. 15 MR. GIVENS: Training. The process of 16 training has slowed things, certain things down. 17 COMMISSIONER LETZ: And just kind of 18 announce to the public we're back to operation as we 19 want to go forward. The facility's open and, you know, 20 for adoptions. 21 And the final thing I want to say, I want to 22 thank Karen who, you know, emails me on a regular basis, 23 Guerrero, and others that really, you know, help with 24 the adoptions. They're pro county, pro adoption, they 25 try to work with us, and they always have, and I 52 1 appreciate them as members of the public. 2 COMMISSIONER MOSER: Do you guys have 3 anything you want to say, Karen or anybody? 4 MS. GUERRERO: I'm listening today, so I'll 5 be back. I think it's a process of change right now and 6 good things are going to come. And we're very 7 supportive of all that, and keep communicating with us, 8 and that will be super. 9 COMMISSIONER MOSER: Thank you for what you 10 do. 11 COMMISSIONER REEVES: I would urge the Court 12 to get a better idea of what's going on. Go spend a 13 couple hours out there; not 30 minutes, but spend a 14 couple hours, and watch what our staff is having to go 15 through. You'll probably be put to work, but that's 16 fine. 17 COMMISSIONER LETZ: And another reason to go 18 out there, and this is kind of related to operations out 19 there, Bob and I met with Reagan out there on what, 20 Friday, when it was cold Thursday, last week one day. 21 And Reagan will be getting a request of Maintenance 22 Department to redo a little bit of work out there. Bob 23 and I and Reagan firmly think he needs to -- Reagan 24 needs to be officed out there. There's no office out 25 there for him, you know, he currently offices downstairs 53 1 still, and that's what Reagan was saying prior to that. 2 We looked at if there is a way to, you know, redo the, I 3 guess, the entry way, sitting area a little bit to put 4 an office in there, but that facility is in dire need of 5 a major facelift somehow. We talked about it for a long 6 time, but the first step, the quickest step is if there 7 is a way to get maintenance to do -- put up a wall, and 8 we give Reagan an office out there and keep him out 9 there full time. 10 COMMISSIONER MOSER: Okay. 11 COMMISSIONER BELEW: Okay. Have you got 12 somebody designated to take care of your Facebook page? 13 MR. GIVENS: Right now it's the 14 administrative assistant as she can, she's getting a 15 little bit of help from one of our part-time kennel 16 techs. They're maintaining it pretty good right now. I 17 think we've as of -- well as of Friday, we had 18 everything that we had on Facebook, and she's trying to 19 do that daily. I just think that with the iPad, like we 20 talked about, I can probably get my kennel tech to do 21 that quicker as the dog comes in, with a photo, and an 22 upload to Facebook. And then we can go back. If we get 23 the dog on there with a corresponding number for the 24 call, and then even if we go back a little while later 25 and put information on it, at least the dog would be on 54 1 there sooner. 2 COMMISSIONER BELEW: Well, I recommend that 3 you don't have more than two people, a backup, a person 4 that's in charge of that, does it right consistently, 5 and a backup person in case they can't do it. No more 6 than two. And I would also suggest that we put a link 7 on our County website, which makes it -- makes the 8 availability better, because there's just -- I just 9 searched it a minute ago, and there's nothing on here 10 about animal control at all on the front page, and 11 there's a lot of other -- there's a lot of other 12 improvements. That's another issue that we could make 13 to our website, but this would be a good start. 14 JUDGE POLLARD: You want to head up that 15 committee? 16 COMMISSIONER BELEW: Yeah. Yes. 17 COMMISSIONER LETZ: He already is. 18 COMMISSIONER MOSER: He was just telling 19 what he's going to do. 20 COMMISSIONER BELEW: This will be the first 21 one, and we'll put it on there, and it oughta be broken 22 down -- it oughta be user friendly, broken down by 23 departments. 24 MR. BAROODY: Can I make a suggestion? 25 COMMISSIONER BELEW: Yes, Sir. 55 1 MR. BAROODY: Talk to the City and have it 2 on their site, too. 3 COMMISSIONER BELEW: I think it should be 4 linked. I think you're right, George. Thank you for 5 being here by the way. 6 JUDGE POLLARD: Are we finally through on 7 this item? Ten minute recess, and when we get back we 8 got some timed items we start at 9:30. 9 (Ten-minute break.) 10 JUDGE POLLARD: All right, we're back in 11 session after a ten-minute break. There's some timed 12 items that were set at 9:30 that we're going to take now 13 that were out of order. We gotta set aside for the 14 moment 1.7, and go to 1.8 consider, discuss and take 15 appropriate action on request from Hill Country District 16 Junior Livestock Show Association to close Riverside 17 Drive from the southwest corner of River Star Park to 18 the southeast corner of Hill Country Youth Event Center 19 grounds from 7 a.m. Sunday of January 14, 2018 to 11 20 p.m. on Friday, January the 19th, 2018 for the 2018 21 stock show. Steve, how you doing? 22 MR. BAUER: Good to be here, thank you. As 23 read by the agenda item this year we're changing it up a 24 little bit. We've always come to the Court and asked to 25 close Riverside Drive, basically at the end of the week. 56 1 But show continues to grow, we continue to have to use 2 that road back there as well as the park area for 3 staging to get our entries in there safely, and in a 4 timely manner. So consequently we've got exhibitors, 5 trailers, people up and down Riverside mixing with 6 traffic, and we would just like for the safety of 7 everybody involved to go ahead and close that for that 8 whole week. Because we do have the gilt shows and so on 9 that's continuing to grow, and have to use it up front, 10 and then again at the end of the week. That's why we've 11 come to Court with this proposal as we could and have it 12 closed during that entire time. 13 COMMISSIONER MOSER: Steve, I haven't heard 14 about anybody complaining closing that road. Have you 15 heard of any? 16 MR. BAUER: No. 17 COMMISSIONER MOSER: I haven't heard of any. 18 MR. BAUER: The residents that are there 19 understand during that time of year, and we let them 20 know, and I know that last year we let the school 21 district -- Commissioner contacted the school district 22 so that they could rearrange their bus schedule or route 23 a little bit, but nobody has complained about it. 24 Because we set those barriers up there, they're well 25 noted and everybody works with it very well. 57 1 COMMISSIONER MOSER: Yeah, I haven't heard 2 of any complaints. That's great. 3 COMMISSIONER REEVES: I move for approval of 4 the agenda item as written. 5 COMMISSIONER BELEW: Second. 6 COMMISSIONER MOSER: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Reeves, seconded by Mr. Moser to approve agenda item 9 1.8, and that is to close Riverside Drive from the 10 southwest corner of River Star Park to the southeast 11 corner of Hill Country Youth Event Center grounds from 12 7 a.m. on Sunday, January 14 all the way to 11 p.m. on 13 Friday, January the 19th, 2018 to facilitate of the 14 safety reasons -- for safety reasons for the 2018 stock 15 show. Any further comments or discussion? There being 16 none, those in favor signify by raise your right hand. 17 It's four zero, unanimous. One abstention, myself. 18 Item 1.9, sort of included one, related. 19 Consider, discuss and take appropriate action on request 20 from Hill Country District Junior Livestock Show 21 Association to use Flat Rock Park, including the Dog 22 Park, from 7 a.m. -- it looks like it's 7 a.m. Sunday, 23 January 14th, 2018 to 11 p.m. Friday January the 19th, 24 2018 to park trailers and use as a staging area for 25 delivery of animals, close park to other vehicular 58 1 traffic during that time period. Mr. Bauer, again. 2 MR. BAUER: Again, same thing, getting 3 busier and bigger. We use that area for staging and 4 parking of trailers. At that time it's under our 5 security, which is security that we pay for to make sure 6 that our contestant's trailers and equipment that is 7 left down there is safe and so on. They still have 8 access to the Dog Park, but they have to walk in is the 9 only -- is the only stipulation that we do, just to 10 limit that vehicular traffic going in and out of that 11 park while we've got all those trucks and trailers in 12 there and people around. 13 COMMISSIONER MOSER: That was my question, 14 Steve. So what this is closing, including the Dog Park? 15 MR. BAUER: It's closed to the vehicular 16 traffic, yes, Sir. 17 COMMISSIONER MOSER: So I think we need to 18 make that clear, 'cuz walking in is not a problem. 19 MR. BAUER: Right. They can park right on 20 the outside, and we've seen that, that they do that, and 21 walk in, yes. 22 COMMISSIONER MOSER: So we -- in the past, 23 did we have signs there at the Dog Park that it's going 24 to be closed except to foot traffic? I think that that 25 would be good. 59 1 COMMISSIONER REEVES: And I think -- 2 MR. BAUER: I think we can address that, and 3 then put up a sign that is closed to vehicular, but that 4 you can still walk in. 5 COMMISSIONER MOSER: Right. I'll be happy 6 to help you do that or whatever, because I know a lot of 7 people use that park every day. And so as long as we 8 got that nice walking ramp from the road down there now, 9 so that's good. Great, super. Thank you. 10 JUDGE POLLARD: All right. If there's no 11 further comments or discussion, those in favor of the 12 motion signify -- 13 COMMISSIONER REEVES: We need a motion. 14 COMMISSIONER BELEW: We didn't make one. 15 I'll make a motion. Accept it as presented. 16 JUDGE POLLARD: Who seconds? 17 COMMISSIONER MOSER: I'll second. 18 JUDGE POLLARD: All right, in regard to that 19 particular item, that's 1.9 on the agenda, and that is a 20 request of Hill Country Youth Livestock Show Association 21 to use Flat Rock Park including the Dog Park from, 22 9 a.m. Sunday, January 14, 2018 to Friday, January 19, 23 2018 for purposes of facilitating the stock show. 24 COMMISSIONER BELEW: It's 7 a.m., Judge. 25 JUDGE POLLARD: Is it 7 a.m.? 60 1 COMMISSIONER BELEW: Yes, Sir. 2 JUDGE POLLARD: I got a mark across mine 3 there, looks almost like a 9. Amend it to say 7 a.m. 4 then. All right, any further comments or discussion? 5 If not, those in favor of the motion signify by raising 6 your right hands. It's four zero, unanimous. One 7 abstention, myself. 8 The next timed item is 1.10 consider, 9 discuss and take appropriate action to reappoint 10 Commissioner Reeves to perform an investigation under 11 section 751.005 of the Texas Health and Safety Code for 12 the purpose of determining if the minimum standards for 13 ensuring public safety and order as prescribed by law 14 will be maintained under the application for permit for 15 mass gathering for the Hill Country District Junior 16 Livestock Show. Commissioner Reeves. 17 COMMISSIONER REEVES: Yes, Sir. This is 18 just as it's stated, the livestock show has presented a 19 mass gathering application to the County Judge. I 20 served in this position last year to review it and make 21 recommendations back. I believe the 28th is the 22 hearing. 23 JUDGE POLLARD: It's required by statute. 24 COMMISSIONER REEVES: Required by statute. 25 JUDGE POLLARD: And a hearing has to be held 61 1 with a report made at that time, and for some other 2 things, too. 3 COMMISSIONER REEVES: The Sheriff and the 4 State Department of Health, and then I did serve when 5 the State showed up last year to give them their walk 6 through. 7 JUDGE POLLARD: Okay. Any comments or 8 discussion? Is there a motion? 9 COMMISSIONER MOSER: I make a motion that 10 Commissioner Reeves perform an investigation as under 11 section 751.005 of the Texas Health and Safety Code for 12 the purpose of determining minimum standards for 13 ensuring public safety associated with the Hill Country 14 District Livestock Show. 15 COMMISSIONER BELEW: Second. 16 JUDGE POLLARD: All right, moved by 17 Commissioner Moser, seconded by Commissioner Belew to 18 approve item 1.10, and that is to appoint Commissioner 19 Reeves to perform the investigation required by the 20 statute, section 751.005 of the Texas Health and Safety 21 Code, which is necessary in order to issue a mass 22 gathering permit, for the Hill Country Junior District 23 Livestock Show. All right, any further comment or 24 discussion? If not, those in favor of the motion 25 signify by raising your right hands. It's four zero, 62 1 unanimous. One abstention, myself. 2 Now, let's go back and pick up item 1.7 3 consider, discuss and take appropriate action to declare 4 various items from the Constable Precinct 3 office and 5 vehicle as surplus, and dispose of properly. Constable 6 Wilke. 7 CONSTABLE WILKE: Yes, Sir. Good morning. 8 Thank you. I just have some items that have been in the 9 office for many years and I need your approval to get 10 rid of. Some of those items are -- those items are like 11 an old radar system that's out dated, it's been in a box 12 forever. It's worthless, has no value. It's made by 13 Custom Signals, I don't know how long it's been here. 14 Second item is a metal console that is used 15 in police vehicles to mount various items of radios, 16 etc. It really is out dated and was for old vehicle. 17 It was -- it really has no value. I also have a 18 directional control light bar controller, so that's 19 basically a little box that controls the function of 20 lights in that vehicle. That's pretty old and out 21 dated, and it doesn't really have any value as well. 22 The next item is some old visor lights, they 23 mount up in visors, and they're not working, they really 24 have no value either, they're plastic. 25 The next item is VHS analog camera system. 63 1 We're not doing VHS tapes anymore, so that should tell 2 you how old that is. It's a complete system that was 3 used inside a car to videotape contacts, etc. 4 So the next item is in-car computer mount. 5 It's just a piece of steel with a flat table that hooks 6 up to bolts, and it's outdated, and it doesn't work and 7 really has no value. 8 The next item is an old computer mouse and 9 keyboard that was in a box unknown how long it's been in 10 there unknown functionality. If you'd like, I can give 11 that back to IT, but it looks pretty old. 12 Plastic police trunk organizer. It doesn't 13 fit the new vehicle, and it's old. It's just a piece of 14 plastic, so I would probably see if somebody that has a 15 similar car to the one we had, or a full-size car like 16 at the Sheriff Department, if they can use it, I can 17 give it to them if I get permission from y'all to do so, 18 transfer that to another entity. 19 And then I had a -- or have a Motorola XTL 20 1500 police radio. With the assistance of Rocky 21 Mountain Communications and Jeff Winley,(phonetic), I 22 was having problems with that as a speaker wasn't 23 working when we started putting the car together, so 24 Rocky Mountain agreed to exchange that even, so I got a 25 new radio with a speaker -- or can get one with this 64 1 Commissioner's approval, just trade them out, no cost, 2 so and then they'll refurbish that other radio. So I 3 need your approval to make that happen, and that would 4 mean sending the old radio back. 5 And then I also have an in-car DVD camera 6 system by WatchGuard that is old and outdated. It 7 really has no reocurring value or use. 8 I also have a spotlight called Golight 9 spotlight. It has a magnet, it mounts on the top of 10 your vehicle, it has a remote control. I'm wanting the 11 Commissioners to give me permission to transfer that to 12 Animal Control. I already gave it to them, they're 13 using it, but I was told I needed y'all's permission to 14 make that permanent, so I'm asking for your permission 15 to make that permanent transfer that equipment to them, 16 and they need it, and my new car came with a spotlight, 17 okay. 18 I'd also like to transfer old citation books 19 to Animal Control. If you're making traffic stops and 20 you're conducting traffic stops, according to the new 21 legislature you have to have some things added to your 22 citations, and so the citation books that I have are 23 outdated, and I can't use them. There's probably about 24 12 to 13 books. Animal Control uses the exact same 25 citation booklet. Rather than throw them away, I'd like 65 1 to give those to them, okay. It's about a hundred and 2 something dollar value. 3 The last thing I need approval on from you 4 guys is to sell an AR, that's a rifle that the 5 Constable's office has that's pretty old, and scratched 6 up, and we furnish our own weapons. I don't have a safe 7 or any place at the office to keep this stuff. I don't 8 need it, and legislature says we can sell those guns and 9 have them -- as long as it's to a licensed dealer, and 10 then we can take that money, and I'd like to use that 11 money to purchase a lock box for the guns that I do 12 carry in the patrol vehicle at a later date. That would 13 be approximately the same amount as what those two guns 14 are valued. And the other gun is a compact .45 Glock. 15 I have no use for a compact .45 Clock in my office, so 16 I'd like to sell that as well. And that's it, those 13 17 items. 18 COMMISSIONER LETZ: I have -- yeah, I take 19 it you have a list because you're reading a list, so it 20 would be easier if you'd get us a list then we can put 21 that to the Court order, but no problem surplusing all 22 those items, or transferring them to other departments, 23 whichever. 24 MRS. DOSS: Or salvage. If you're going to 25 throw them away they should be salvaged. And also on 66 1 the list, if you're going to transfer them to a 2 different department, we need that on the list that is 3 being transferred to so and so. 4 CONSTABLE WILKE: Do you want that via email 5 list, or a hand written list? 6 MRS. DOSS: Well, I think the Court would 7 like to see the list. 8 COMMISSIONER REEVES: Do you have the list? 9 CONSTABLE WILKE: I just have some notes, 10 and I will type a list and get it to you. 11 COMMISSIONER LETZ: Because we really need 12 the serial numbers on it, so if you can get -- I have no 13 problem with everything you want to do, type it up, 14 bring it back on our next court, and then we'll approve 15 that list, and where the stuff is going. 16 CONSTABLE WILKE: Perfect. 17 COMMISSIONER LETZ: And if the Sheriff wants 18 a gun, he can have one of those guns. I see him looking 19 back there. That's probably the easiest way, that way 20 we can probably get it out of your department. And I 21 appreciate you going through and getting rid of all this 22 stuff that's not necessary and not needed. 23 CONSTABLE WILKE: Yeah, I'll get that list 24 together and come back on the next meeting. 25 COMMISSIONER LETZ: Do it in January. 67 1 COMMISSIONER MOSER: Sounds like you can 2 move somebody else in your office with you moving all 3 that stuff out. 4 JUDGE POLLARD: Okay, so no action on that 5 for now. Pass it until the next one? 6 COMMISSIONER LETZ: Right. 7 JUDGE POLLARD: All right, let's go to the 8 next one it would be item 1.11 consider, discuss and 9 take appropriate action on draft policy for on-site 10 sewage facilities connections, and related matters with 11 East Kerr County Wastewater -- East Kerr County/Center 12 Point Wastewater Project. Commissioners Letz and Moser. 13 COMMISSIONER LETZ: I handed out a kind of a 14 draft policy. What we're looking at is we have to have 15 a -- we're at a point that we need an actual policy on 16 hooking up as to how much they pay, and how much they 17 don't pay. And this is something that really Katie is 18 working on as well, or working kind of off of. Once we 19 kind of come up with something probably give those to 20 her, and then she can finalize it, the verbiage. 21 One of the things -- and I'll just go down 22 the list that I handed out. One of things when we 23 passed our original court order in May of 2016, and I'll 24 just read the last sentence of that court order, it says 25 it shall be deemed available to any property that is 68 1 within 100 feet of the Wastewater System or lateral or 2 main, and the property is one acre or less. That refers 3 to properties that are required to hook up. It seems to 4 me that that -- it would be better to change 100 feet to 5 200 feet. There's a lot of 1 acre lots that you may not 6 be 100 feet from the line, and we want to get these 7 people hooked up. That's the purpose of the project. 8 So it's to come back and change that language to the 200 9 foot. 10 And then the second one -- I'll just read 11 some of these. All property owners that qualify under 12 any assistance program will have the connection 13 intermediation to the Wastewater System at no cost. 14 There's a lot of different sources of funding where some 15 of -- the EDAP funds that we already have, some are 16 various grants through the Texas Department of 17 Agriculture that we are -- some of them we've received, 18 some of them we still have an application for. And then 19 we also have funding in the actual Water Development 20 Board Grant. So everyone that qualifies and -- Katie's 21 working on what the qualifications will be there under 22 those various grants, the EDAP Grant or the Department 23 of Agriculture Grant. It's about -- I think I'm right 24 on this, a family of four if they make less than 45 25 thousand, somewhere in that range, they'll qualify for a 69 1 hundred percent subsidy. 2 COMMISSIONER MOSER: May I interrupt you for 3 one second? 4 COMMISSIONER LETZ: Sure. 5 COMMISSIONER MOSER: Just for the record, 6 and make sure that people in the audience know, the 7 Court Order was mandating that any residential or 8 nonresidential (commercial facilities within Kerr 9 County -- East Kerr Wastewater System that discharges 10 waste) shall be connected, hooked up to the system, when 11 it's available to such property. That's the key thing, 12 so this is just how -- some additional details on that, 13 but if you have 1 acre or less you must be hooked up to 14 this system. 15 COMMISSIONER LETZ: Correct. 16 COMMISSIONER MOSER: This is how that gets 17 funded. 18 COMMISSIONER LETZ: So a concern large group 19 of the people will be paid for a hundred percent to hook 20 up. Brenda has looked at, for those that don't qualify 21 under one of the subsidy programs, we have looked at the 22 cost. We want to encourage them to hook up, but we 23 probably don't know, we need the money to get as far as 24 possible at the same time, so our recommendation is for 25 everybody else, they get a 50 percent of the cost will 70 1 be subsidized by the County, or through the grant 2 programs, up to $3,000.00. That would get -- try to get 3 everybody else hooked up as quick as possible, so 4 everybody will get some assistance. 5 COMMISSIONER BELEW: So are you saying, 6 Jonathan, that the county's part of that would be 15 7 hundred, or is it 3 thousand? 8 COMMISSIONER LETZ: 3 thousand. And this 9 money -- this is in the grant. It's in our pool of 10 money to be able to do this. The -- both 2 and 3, there 11 are 4 items on this list, basically just says that once 12 the property owners receive written notice that okay 13 it's time to hook up, they have 90 days to decide, and 14 if they don't act in that 90 day period they have to pay 15 for it themselves. They're still required to hook up, 16 but they have to do it themselves at that point. And 17 the reason is we don't want people to linger out -- we 18 have, under our contract, contractors to go in and do 19 these connections. He can't be in one subdivision, then 20 hop over to Center Point, and then hop back to this 21 other subdivision. He's gotta be able to do them all at 22 one point to get them done at the cost that we're able 23 to do them at, so there's a time period for people to do 24 it. 25 Property owners that did not connect to the 71 1 Wastewater System, as stated above, will be subject to 2 general connection policies of the Kendall County WCID, 3 which will be a tap fee, and then property owners will 4 be subject to making their own connection. 5 A couple of those things that aren't on the 6 list that I wrote some notes on that one, we have the 7 authority to require hookups. Need to get from the 8 County Attorney what the penalty is if they don't. We 9 get asked that quite a bit. Okay, you know, yes you 10 have to do it, what are we going to do if they don't do 11 it. So we need to look and see -- and I believe our 12 court order back in May cited the citation that gave us 13 the authority, so I presume it's in that area that we'll 14 have the -- what the consequences are. 15 COMMISSIONER MOSER: And the question will 16 come up, I'm sure, that if somebody doesn't qualify for 17 the assistance in having it hooked up, and it cost more 18 than $3,000.00, and if they can't afford it, you know, 19 what do we do? That's the second part of the question, 20 you know, somebody can't pay for it. So what's our -- 21 what's our position in how we address an issue like 22 that? 23 COMMISSIONER BELEW: Is there a condemnation 24 process, or just a switchover. 25 COMMISSIONER LETZ: Switchover, right. And 72 1 to the question that Commissioner Moser brought up, we 2 have talked a great deal about, you know, how to do it, 3 and one of the options is that we could finance the 4 connection. If they can't afford it we could finance it 5 over a three-year period, and then add to the monthly 6 bill. We really don't want to do that, that's why we're 7 going with the 50 percent subsidy, that's because it's a 8 lot more -- and for everybody. It's just -- but maybe 9 something that we have to do, but our thought is that 10 hope maybe put it on a credit card or something, maybe 11 work out a pay plan or something for them. Just things 12 maybe we can do one-on-one, and see how big the problem 13 is, and maybe have to come back and look at that. 14 The other option that we could do, we could 15 subsidize more, we could do a 75 percent subsidy, we 16 could do a hundred percent subsidy, and hook up 17 everybody. But before we do that there's a pool of 18 money for these hookups, and we could run out of money 19 then. 20 COMMISSIONER BELEW: You can't do that once 21 it's started. Once the process is started, you can't go 22 back and say somebody qualifies for 75 percent. 23 COMMISSIONER LETZ: No. We have to -- we 24 have to -- we need to -- 25 MRS. STEBBINS: You have to have policy at 73 1 the outset. 2 COMMISSIONER LETZ: And these decisions need 3 to be made now. And this is not to take action on, this 4 is to kind of make sure we come back on our first 5 meeting in January and iron out -- you know, guidance 6 would be helpful. We thought about doing it a hundred 7 percent subsidy, the problem with that is we got 72 8 easements, and we got a lot of those people to sign by 9 saying that we'll give them a hundred percent hookup 10 free. So we really don't want to -- that opens up 11 another can of worms if we give a hundred percent. We 12 could go to 75 percent, that's not a problem. It's just 13 a matter of what our, you know -- 14 COMMISSIONER MOSER: We should look at if we 15 accept the 50 percent or something like that, and 16 somebody can't do it, what kind of financing or whatever 17 we might be able to do, without taking any action today, 18 but just look at feasibility. What we can we do legally 19 and financially. 20 COMMISSIONER LETZ: Well, along that line, 21 and this is something else that will happen, we're 22 talking -- based on property owners, there are property 23 owners that own 4 or 5 or 6 properties, and so I mean 24 the cost to them -- and they may or may not qualify. If 25 you own 5 or 6 properties, you probably are not going to 74 1 qualify. So it's going to -- it could be a pretty big 2 financial hit at one time. 3 COMMISSIONER MOSER: You know, there was in 4 Kerrville South, the criteria was the person living in 5 the house, okay, not the necessarily owner for it, but 6 if they qualified, the person that's renting the house 7 qualifies, then they're eligible for the grant, so 8 it's -- there are multi facets to this we need to iron 9 out. 10 COMMISSIONER BELEW: Now, they're going to 11 start getting a bill for the wastewater, the rest of 12 them -- 13 COMMISSIONER LETZ: Right. 14 COMMISSIONER BELEW: -- from whom? 15 COMMISSIONER LETZ: Kendall County WCID. 16 COMMISSIONER BELEW: So then that could be 17 an extra fee on the bill. 18 COMMISSIONER MOSER: They collect it for us, 19 is what they're doing, until it's paid off. 20 COMMISSIONER LETZ: Right. The bills will 21 come in it looks like about $38.00 a month is going to 22 be the debt service based on our last calculation, and 23 we've calculated these a lot, and it's hard to go -- 24 because we don't know exactly how much money we have, we 25 don't know the cost of Phase II. We're trying not to 75 1 jump up and down on our rates, but it appears that 2 $38.00 is a pretty good number for us. Their monthly 3 bill will probably be for the other portion will be 4 about 30 dollars, which will be about 68 dollars a 5 month, which is pretty reasonable. 6 COMMISSIONER BELEW: But it's a brand new 7 bill for a lot of people, and the payment. 8 COMMISSIONER LETZ: Yeah. So -- 9 COMMISSIONER MOSER: And when we're 10 requiring mandating that they hook up. 11 COMMISSIONER BELEW: And if you added to 12 that the hookup fee on top of that, then it could get 13 really expensive for some families. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER LETZ: The other thing that -- 16 this is probably to Heather a little bit again on the 17 question, and the question I've been asked is that 1 18 acre lot size, or property owners 1 acre or less. What 19 if they owned two lots in the subdivision, each lot is 1 20 acre, but they're next to each other, so they have two 21 acres. Does that mean they have to hook up or don't 22 have to hook up. And that's -- you know, we haven't 23 ever really answered that. They could sell the lot, I 24 mean my thought would be -- I mean, I don't know. I'm 25 not sure the best way to handle it. These are questions 76 1 that are coming up as we get into this that are a little 2 bit questionable. I mean how to do you handle them. 3 And then the last question I'm going to 4 bring up right now is property owners that are more than 5 1 acre that don't have to hook up. Are we still to 6 offer them the subsidy at 50 percent or 75 percent to 7 hook up now? 8 COMMISSIONER BELEW: Why don't they have to 9 hook up? 10 COMMISSIONER LETZ: They're bigger because 11 they have more than 1 acre. If the lots are more than 1 12 acre they can hook up, it's their option, but they're 13 not required to under our policy that we've adopted. 14 But my feeling is that if they want to hook up, we 15 should subsidize those hookups as well, because we want 16 as many people to hook up as possible. 17 COMMISSIONER REEVES: Sounds like you gotta 18 sit down and do a lot of bean counting and find out how 19 we can afford all this. 20 COMMISSIONER LETZ: Well, we've done that. 21 COMMISSIONER REEVES: But I mean to come up, 22 you just through up some other things. Bigger than an 23 acre, do we subsidize that. I mean -- 24 COMMISSIONER MOSER: Or an amount not to 25 exceed, yeah. 77 1 COMMISSIONER REEVES: This is where you got 2 to sit down and look at it. 3 COMMISSIONER LETZ: But it's real -- it's -- 4 you know, we're at a point that we need the adopt a 5 policy. Doesn't mean the policy can't be changed, but 6 we have to adopt, and some of it's going to take some of 7 the guys from the County Attorney's Office -- 8 COMMISSIONER MOSER: And the Auditor. 9 COMMISSIONER LETZ: -- and the Auditor, and 10 Katie, with GrantWorks who's really working on this. 11 And she's the one pushing us to come up with a policy, 12 because she needs to start working with the property 13 owners and the first subdivision is Westwood, which 14 they're -- it's going in their subdivision right now. 15 COMMISSIONER MOSER: So this is for 16 discussion. 17 COMMISSIONER LETZ: It's for discussion 18 today, but in January we'll have to come back and start 19 making decisions on this. And on the financial side 20 there's a lot of unknowns. We just don't know how much 21 money -- we don't know Phase II, you know, the -- 22 COMMISSIONER MOSER: If it gets approved. 23 COMMISSIONER LETZ: Yeah, if it gets 24 approved. So we're going to have to make a -- come up 25 with what we think is the best policy which is about 78 1 where we think the dollars are. The cost of our 2 subsidizing is very minimal on the bills or over -- I 3 mean overall scope of the project. And the reason is 4 the project is so large that the hundred thousand 5 dollars set for the connections is minimal impact on the 6 project. It's probably a 50 million dollar project, so 7 a hundred thousand really doesn't -- the contingency 8 amount of line item is ten times that amount, so -- 9 COMMISSIONER MOSER: We can do it. 10 COMMISSIONER LETZ: We can do it 11 financially, but we need to figure out what the best and 12 fairest way to do it. 13 And the last thing is, and then we can move 14 on, the plan is that we will be -- as soon as the -- 15 COMMISSIONER BELEW: Wait a minute, you said 16 the last thing a minute ago. 17 COMMISSIONER LETZ: Yeah, this is my last 18 thing. 19 COMMISSIONER BELEW: You sure this is the 20 last thing? 21 COMMISSIONER LETGZ: This is my last thing. 22 The plan is to start hooking up areas as we go; not 23 waiting until the end. And the first area to be hooked 24 up would be Westwood, which is part of Eastern Kerr 25 County, there's a lift station under construction right 79 1 now at Schladoer Road and Highway 27, and they need to 2 do a piece of the force main there, too. But as soon as 3 that area is hooked up the idea is that we will accept 4 that portion of the project, and then that'll become 5 operational immediately. There's enough capacity of the 6 sewer plant in Comfort to accept quite a bit while doing 7 the renovation to that plant, so -- I just want everyone 8 to be thinking about all this stuff, so in January we 9 can start making decisions. 10 COMMISSIONER MOSER: Especially those two 11 people. 12 JUDGE POLLARD: In the military there was 13 popular saying that ten percent never get the word. I 14 didn't say later; I said never. And they're going to be 15 some people that don't meet -- don't find out about that 16 deadline, and they're going to be coming in and wanting 17 to be subsidized anyway. 18 COMMISSIONER LETZ: Well, we're getting it 19 to the property owners in writing, that'll be the 20 policy, that they get 90 days to -- it starts ticking 21 once they get it by certified mail or some, you know, 22 fashion. 23 COMMISSIONER MOSER: But you're right, ten 24 percent. 25 JUDGE POLLARD: And the mailman didn't 80 1 deliver it. I don't know. I mean you're going to get 2 all kinds of -- 3 COMMISSIONER MOSER: You're right. We've 4 had four town hall meetings, I think, but ten percent 5 are not going to get it. 6 JUDGE POLLARD: Ten percent are never going 7 to get it. Anyway, those are all things that we're just 8 going to have to work out as they come up. 9 All right, what do we need to do about that? 10 COMMISSIONER LETZ: Nothing, no action. 11 It'll be coming back to our first meeting in January. 12 JUDGE POLLARD: All right, the next item is 13 which one here? 14 COMMISSIONER MOSER: 13. 15 JUDGE POLLARD: Consider, discuss and take 16 appropriate action regarding the request from the 17 Honorable Buster Baldwin to hold a brown bag lunch on 18 the courthouse lawn on December 15th, 2017. 19 COMMISSIONER REEVES: Yes, Sir. As I 20 originally wrote the agenda item, I had Mr., and he came 21 in and said he was still ornery or Honorable, one of the 22 two, but in all seriousness, Buster approached me for 23 the possibility of holding one of his brown bag lunches 24 that he used to hold, and he's got a new band that wants 25 to perform, and he said it's just more in an effort to 81 1 invite the City over for the celebration of not only the 2 time of year, but also the fact of our new agreement 3 with the Library and Animal Services. 4 JUDGE POLLARD: Oh, he's in agreement with 5 that? 6 COMMISSIONER MOSER: Oh, wow. 7 JUDGE POLLARD: I didn't think he would be. 8 COMMISSIONER BELEW: Did he learn to read? 9 COMMISSIONER REEVES: I didn't ask that, 10 Commissioner, but nonetheless I told him I'd put it on 11 the agenda, it'd be this Friday noon to one, and he's 12 got a new band that he wants to hear. So I make a 13 motion to hold a brown bag lunch on the courthouse lawn 14 from 12 to 1, December 15th, 2017. 15 JUDGE POLLARD: And his slim figure, too,. 16 COMMISSIONER REEVES: And his slim figure. 17 COMMISSIONER BELEW: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Reeves, seconded by the current Precinct 1 Commissioner, 20 which I think is -- 21 COMMISSIONER BELEW: He's still a voter. 22 COMMISSIONER MOSER: He lives in Precinct 1. 23 JUDGE POLLARD: Which will enable 24 Commissioner -- former Commissioner Buster Baldwin to 25 hold a brown bag lunch on the courthouse lawn on 82 1 December 15, 2017. Those things are fun. They're fun 2 to go to, and I recommend that everybody go if they can. 3 All right, any further comment or discussion? If not, 4 those in favor of the motion signify by raising your 5 right hands. It's four zero, unanimous. 6 COMMISSIONER LETZ: Judge, we skipped item 7 12. 8 JUDGE POLLARD: What? 9 COMMISSIONER LETZ: Item 12, we skipped. 10 JUDGE POLLARD: We skipped 12? 11 COMMISSIONER MOSER: My fault. 12 JUDGE POLLARD: All right, item 1.12 13 consider, discuss and take appropriate action to approve 14 the 2017 Colonia Economically Distressed Areas Program 15 contract between Kerr County and the Texas Department of 16 Agriculture for the first-time connections and septic 17 tank mitigation for the East Kerr County/Center Point 18 Wastewater Project, contract number 7217045. This takes 19 Precincts 2 and 3. Katie Falgoust, is she here? 20 COMMISSIONER LETZ: She's not here. 21 JUDGE POLLARD: Do you want to say 22 something? 23 COMMISSIONER LETZ: I don't know a whole 24 lot. I believe this is a new grant, I think we got of 25 about a million dollars for connections from the Texas 83 1 Department of Agriculture, and this is the -- you know, 2 I think we have several others. 3 COMMISSIONER MOSER: Yeah, this is one like 4 we did in Kerrville South, it's exactly the same thing 5 except I think we're going to have a total of possible 6 two million dollars grants for this. Two 500 thousand 7 dollars grants plus one million dollars grant for this. 8 MRS. STEBBINS: I've looked at it. 9 COMMISSIONER MOSER: You've looked at it and 10 approved it? 11 MRS. STEBBINS: Yes, Sir. 12 MRS. DOSS: And this one has no County match 13 either. 14 COMMISSIONER MOSER: Right. As they didn't 15 in Kerrville South. 16 MRS. DOSS: Right. 17 COMMISSIONER MOSER: So that everything's 18 here. 19 COMMISSIONER LETZ: I move that we 20 approve -- 21 JUDGE POLLARD: Item 1.12. 22 COMMISSIONER LETZ: -- item 1.12. The 23 contract, and authorize the County Judge to sign same. 24 COMMISSIONER MOSER: And I'll second that. 25 JUDGE POLLARD: Been moved by Commissioner 84 1 Letz, seconded by Commissioner Moser to approve item 2 1.12, and that is to approve the 2017 Colonia 3 Economically Distressed Areas Program contract between 4 Kerr County and the Texas Department of Agriculture for 5 first time connections and septic tank mitigation for 6 the East Kerr County/Center Point Wastewater Project, 7 contract number 7217045. Any comment or discussion? 8 Those in favor signify by raising their right hands. 9 It's four zero, unanimous. One abstention, myself. 10 We did 1.13. 1.14 consider, discuss and 11 take appropriate action for renewal of Environment 12 Impairment Liability Insurance application with the 13 Texas Association of Counties-JI-York Companies, and 14 have County Judge sign same. Dawn Lantz. 15 MRS. LANTZ: Good morning, Judge, 16 Commissioners. This is basically the application to 17 renew our environmental insurance for our storage tanks 18 which are housed at the Road and Bridge Department for 19 the fuel. This is an environmental type application 20 that we renew once every three years, and it's up to be 21 renewed in February. 22 COMMISSIONER REEVES: Dawn, this is part of 23 what TAC helps us provide, isn't it? 24 MRS. LANTZ: Yes, it's part of our risk 25 management services that we have covered, and Freberg 85 1 Environmental Insurance is who covers our property so if 2 environmental things -- if something should occur. 3 COMMISSIONER MOSER: And it's in the budget? 4 MRS. LANTZ: It is in our insurance budget, 5 so -- 6 COMMISSIONER LETZ: Move for approval. 7 COMMISSIONER REEVES: Second. 8 JUDGE POLLARD: All right, it's been moved 9 by Commissioner Letz, seconded by Commissioner Reeves in 10 connection with item 1.14 of the agenda, that is to 11 approve to renew the Environmental Impairment Liability 12 Insurance application with the Texas Association of 13 Counties-JI-York Companies, and have the County Judge 14 sign same. Any further comment or discussion? If 15 there's none then those in favor signify by raising your 16 right hands. It is four zero, unanimous. One 17 abstention, myself. 18 Let's go to item 1.15 consider, discuss and 19 take appropriate action to address the possibility of 20 prohibiting the sale or use of restricted fireworks 21 defined as skyrockets with sticks, and missiles with 22 fins, in any portion of the unincorporated area of Kerr 23 County pursuant to Local Government Code in section 24 352.051 for the December fireworks season. 25 In your agenda package this is the same 86 1 thing we come up for each one of these holiday times 2 like this, and I don't think especially in view of the 3 recent rains, I don't know, we haven't been 4 prohibiting -- 5 COMMISSIONER REEVES: I think Commissioner 6 Letz is looking right now that we're -- 7 JUDGE POLLARD: I think we are in a drought 8 area. 9 COMMISSIONER REEVES: There's a statutory 10 index of 5 something -- 500 and something that we must 11 meet, and I'm afraid we're not there. 12 COMMISSIONER LETZ: There's a small portion 13 of Commissioner Reeves' precinct that qualifies in the 4 14 to 500 range. The balance of the County does not, so 15 but a portion of the county does. 16 COMMISSIONER MOSER: Does that include the 17 last two inch rain, because I saw some stuff from the 18 City from -- 19 COMMISSIONER LETZ: This is as of today. 20 COMMISSIONER MOSER: Hu? 21 COMMISSIONER LETZ: This is as of today. 22 MRS. STEBBINS: This is the circumstance 23 where you -- it has to meet that index in order for you 24 to prohibit it. There are a couple of different things 25 that you do with fireworks -- 87 1 COMMISSIONER REEVES: Does it have to meet 2 it countywide, or any one portion of the -- 3 MRS. STEBBINS: Do you have the statute in 4 your hand. I usually have it in my folder, but it must 5 be downstairs. 6 COMMISSIONER REEVES: It just says that the 7 existence preceding or during the fireworks is 575 or 8 greater, but it doesn't say -- 9 MRS. STEBBINS: It doesn't say -- 10 COMMISSIONER REEVES: I'm feeling, I don't 11 feel they really need to be shooting off bottle rockets 12 this year, but between now and New Year's -- 13 COMMISSIONER MOSER: Pretty dry. 14 COMMISSIONER LETZ: We've had because of the 15 early in the year rains, a lot of grass is very tall, we 16 had a very -- we've had three or four very hard freezes 17 already, so that grass is very dry and tender, so I 18 mean, I think we do qualify from the standpoint that 19 part of the Precinct -- actually there may be a little 20 part of Precinct 1 that qualifies, too. 21 COMMISSIONER BELEW: I tested it in Precinct 22 1 this weekend, and the grass is dry. 23 COMMISSIONER REEVES: I make a motion to 24 prohibit the sale or use of restricted fireworks, i.e., 25 sky rockets with sticks, and missiles with fins, in any 88 1 portion of the unincorporated area of Kerr County 2 pursuant to Local Government Code 352.051 for the 3 December fireworks season. 4 COMMISSIONER MOSER: I'll second that. 5 JUDGE POLLARD: Been moved by Commissioner 6 Reeves, seconded by Commissioner Moser to prohibit the 7 sale or use of restricted fireworks, sky rockets with 8 sticks, and missiles with fins in any portion of the 9 unincorporated area pursuant to Kerr County Local 10 Government Code 352.051 for the December fireworks 11 season, which is what dates is that going to be? 12 COMMISSIONER REEVES: That's how the statute 13 is written, the December fireworks season. 14 MRS. GRINSTEAD: I think in the backup there 15 should be a sample order from TAC. 16 MRS. STEBBINS: There is an order. 17 MRS. GRINSTEAD: There is a sample order 18 that we can use. 19 MRS. STEBBINS: That you'll do in December, 20 and the Fourth of July one every year that is the same, 21 and it will have specific -- 22 JUDGE POLLARD: It's a lawyer's dream, he 23 likes it loose like that. 24 COMMISSIONER REEVES: December 20-January 25 21. 89 1 COMMISSIONER MOSER: For the period December 2 20th to January 21. 3 COMMISSIONER BELEW: And that restricts 4 sales as well. 5 JUDGE POLLARD: Use or sales, yeah. 6 COMMISSIONER REEVES: The sale or use of -- 7 there's other fireworks we can't prohibit, but -- 8 COMMISSIONER BELEW: Just these. 9 COMMISSIONER REEVES: The ones that fly off. 10 COMMISSIONER LETZ: Sky rockets and missiles 11 with fins. 12 COMMISSIONER MOSER: If you have missiles 13 without fins you're okay. 14 COMMISSIONER LETZ: And, Judge, just for the 15 record because it's tied to a drought index, the 16 Keetch-Byram Drought Index published by Texas A&M for 17 today's date does show portions in Precinct 4 are in the 18 4 to 500 range of the drought index. 19 MRS. STEBBINS: Did it also show portions of 20 Precinct 1? 21 COMMISSIONER LETZ: What? 22 MRS. STEBBINS: Did one of you just say it 23 also showed portions of Precinct 1? 24 COMMISSIONER REEVES: Yeah, down in the -- 25 COMMISSIONER BELEW: Where they come 90 1 together? 2 COMMISSIONER LETZ: There may be a spot. I 3 mean it's hard to tell on the map, it's pretty small. 4 JUDGE POLLARD: All right, any further 5 discussion about the motion? If not, those in favor 6 signify by raising your right hands. It's four zero, 7 unanimous. One abstention, myself. 8 All right, let's go to -- that was 1.15. Go 9 to 1.16 consider, discuss and take appropriate action to 10 approve the contracts with Comfort Volunteer Fire 11 Department and K'Star, and to allow the County Judge to 12 sign same. This one I'm just allowed to sign it; those 13 others, I'm having to sign, so there's a difference in 14 the wording here. 15 All right, you can see this is something we 16 do, it's time to renew the contract with the volunteer 17 fire department and K'Star, and the contract's in the 18 agenda package. I don't think there are any changes. 19 Have you approved it? 20 MRS. STEBBINS: Yes, Sir, I've reviewed both 21 of these documents. The Volunteer Fire Department and 22 K'Star, and they're substantially the same as we've had 23 the past several years. One change that what occurred 24 in all the volunteer fire department contracts. 25 JUDGE POLLARD: And what was that? 91 1 MRS. STEBBINS: It is the designation -- 2 COMMISSIONER REEVES: For the volunteers? 3 MRS. STEBBINS: Yes, for the volunteers. 4 COMMISSIONER REEVES: For the workers comp 5 that they may -- 6 MRS. STEBBINS: Serve in -- 7 COMMISSIONER REEVES: Serve in other 8 counties. With Comfort, it's kind of a funny one, 9 because they're already in another county, but without 10 having to call to get permission to provide mutual aid 11 to another County, if they have a fire that requires 12 someplace outside the adjoining Kerr County area then 13 they need to contact the Commissioner. 14 MRS. STEBBINS: It's a mutual aid in our 15 insurance that we needed to have particular language in 16 the contract, and so it's been changed in all the 17 contracts you've adopted over the past couple months for 18 volunteer fire departments. 19 COMMISSIONER BELEW: I thought this had to 20 do with going passed the immediate adjoining county. 21 COMMISSIONER REEVES: Yes. 22 COMMISSIONER BELEW: The workmen, that's 23 what you're talking about, going passed it, okay. 24 JUDGE POLLARD: Okay, so is there a motion? 25 COMMISSIONER REEVES: I'll move to approve 92 1 the contracts as presented, and authorize the County 2 Judge to sign same. 3 COMMISSIONER BELEW: Second. 4 JUDGE POLLARD: Been moved by Commissioner 5 Reeves, seconded by Commissioner Belew to approve in 6 connection with item 1.16 of the agenda to the renewal 7 of the contracts between Comfort Volunteer Fire 8 Department and K'Star, as presented in the agenda 9 package, and allow the County Judge to sign same. Any 10 further discussion or comment? There being none, those 11 in favor signify by raising your right hands. It's four 12 zero, unanimous. One abstention, myself. 13 1.17 consider, discuss and take appropriate 14 action to execute professional services agreement and 15 counsel contingent fee agreement with Watts, Guerra LLP, 16 the Gallagher Law Firm LLP, Fibich, Leebron, Copeland, 17 and Briggs, and Davis & Santos, P.C. Wow, we're hiring 18 a whole bunch of lawyers here. 19 MRS. STEBBINS: That's right. You saw that 20 two rows of lawyers at the last meeting we had. This 21 really is to a contingency fee contract with 22 professional services agreement with those firms, and 23 the litigation -- the opioid litigation. The litigation 24 will be against the pharmaceutical companies; not any 25 hospitals or doctors. 93 1 JUDGE POLLARD: Right. 2 MRS. STEBBINS: And I provided those 3 agreements in the backup, or that agreement in the 4 backup with the proposed court order. 5 JUDGE POLLARD: And you approved those? 6 MRS. STEBBINS: Yes, I approved them. I had 7 several questions of my contact that some of them were 8 sort of silly. The contract relates to -- well, said 9 something about Israel in it, and I said what on earth 10 does that mean. She said sometimes legislation is 11 passed, and you have to -- it was one of the fine print 12 in some legislation that was passed, and it says that we 13 are required in every contract that the State issues, 14 which this is it, to do -- I want to go to the specific 15 language, I just want you to -- if you are reading the 16 fine print of this one, it's just kind of strange. It's 17 there toward the end. It's nothing substantial, but 18 there are a couple of references here. Like the Water 19 Code. 20 JUDGE POLLARD: The what? 21 MRS. STEBBINS: The Water Code, and she said 22 that's where the legislation was passed permitting these 23 types of things, the state has to be involved in these 24 lawsuits so we're going to be working with the 25 Comptroller, a lot, and providing lots of information to 94 1 the Comptroller, so that they can govern our agreement. 2 JUDGE POLLARD: And they are limited in the 3 contracts to that purpose, going for the litigation, the 4 subject matter of that litigation, right? 5 MRS. STEBBINS: Yes, Sir. 6 JUDGE POLLARD: Which is? 7 MRS. STEBBINS: The subject matter of the 8 litigation is -- I highlighted the language in the 9 agreement so that you could see. These claims arise out 10 of Defendants' negligence, fraud, misrepresentations, 11 mislabeling, and other actions taken by them in the 12 marketing and sale of prescription opioid drugs to the 13 American public. Specifically, the claims arise from 14 Defendants' role in the foreseeability of and deliberate 15 creation of the opioid epidemic that now exists in this 16 country, the substantial economic harm that epidemic has 17 caused Kerr County by way of direct and indirect costs 18 incurred as a result of the opioid epidemic, and the 19 substantial profits reaped by Defendants in spite of 20 knowing that they were defrauding or acting negligently 21 toward the American public. 22 COMMISSIONER MOSER: I move for approval 23 that we execute Professional Services Agreement for 24 those listed as in the reading of the agenda item, and 25 it's for the purposes described by the County Attorney. 95 1 MRS. STEBBINS: And I provided a proposed 2 order for all of you to sign in that backup. 3 COMMISSIONER REEVES: I tried reading this, 4 and it went way over my head -- 5 COMMISSIONER MOSER: That's what it's 6 supposed to do. 7 COMMISSIONER REEVES: That's what I figured, 8 so I'm going to ask Mrs. Stebbins if I understood it 9 right, it's a contingency fee of 35 percent, did I get 10 that much out of it? 11 MRS. STEBBINS: That's correct. 12 COMMISSIONER REEVES: Plus expenses, which 13 they'll take out of the fee? 14 MRS. STEBBINS: No, Sir. The expenses, the 15 counsel agrees to advance the expenses of litigation 16 determined by Counsel be reasonable and necessary, any 17 and all expenses will be paid Counsel as a part of the 18 fee and will not be reimbursed by clients. Us. 19 COMMISSIONER REEVES: I guess -- 20 JUDGE POLLARD: So it's cost-free to us. 21 COMMISSIONER REEVES: -- I saw that, and 22 then I went over and saw, I think they have a zone 2.1, 23 and then I saw 2.5 and 2.4 -- or 2.5 in there, and I'm 24 going to take you at your word for it, because that's 25 where it -- 96 1 MRS. STEBBINS: In 2.2 is what I just read 2 that says that those expenses will be paid Counsel as 3 part of the fee, and will not be reimbursed by the 4 client. 5 COMMISSIONER REEVES: I see Mr. Kelly and 6 Mr. Hart back here grinning at me because I couldn't 7 read the contract. 8 MR. HART: I'm not grinning on that regard. 9 I am curious how if we know of someone in Kerr County 10 who has had a loved one who had a problem, how that 11 should be dealt with. I guess it would be contacting 12 one of these folks. 13 JUDGE POLLARD: I think they're representing 14 the County only for incidental costs to the County. 15 MR. HART: Oh, okay. 16 JUDGE POLLARD: These people -- as far as 17 damages for each individual it's not covered by that. 18 MRS. STEBBINS: That's correct, Sir. 19 JUDGE POLLARD: There have been substantial 20 studies shown that there's a great burden on 21 governments, particular counties, cities and taking care 22 of people that are violating the -- or get this drug 23 overdose stuff. 24 MR. HART: And commits suicide and whatever. 25 JUDGE POLLARD: And so it's for 97 1 reimbursement of the expenses that the County has 2 incurred -- 3 COMMISSIONER REEVES: Through the mental 4 health, incarceration, what you might have. Indigent 5 health care also -- 6 JUDGE POLLARD: Right. 7 COMMISSIONER REEVES: -- could be reimbursed 8 for these costs, is that right? 9 MRS. STEBBINS: Yes, Sir. And the costs of 10 the Court -- the cost. 11 JUDGE POLLARD: So it's going to be up to 12 the individuals to hire their own lawyers to recover 13 their damages from it, okay? We're not trying to 14 recover that for them. 15 All right, any further questions or 16 comments? 17 COMMISSIONER LETZ: Is there a second? 18 COMMISSIONER MOSER: We need a second. 19 JUDGE POLLARD: You second it? 20 COMMISSIONER MOSER: No. I made the motion. 21 JUDGE POLLARD: Is there a second? 22 COMMISSIONER LETZ: I second. Sort of 23 reluctantly, but I will. 24 JUDGE POLLARD: You're seconding it? 25 COMMISSIONER LETZ: Yeah. 98 1 JUDGE POLLARD: All right, it's been moved 2 by Commissioner Moser, seconded by Commissioner Letz to 3 approve that item, the contracts having been approved by 4 the County Attorney to employ Watts, Guerra LLP, and the 5 Gallagher Law Firm, and it's LLP, Fibich, Leebron, 6 Copeland & Briggs, and Davis & Santos, P.C., for 7 purposes presented in the agenda package. Anything 8 further? No comments? Those in favor of the motion 9 signify by raising your right hands. Those opposed? 10 Okay, it's three for it, and one opposed to it, and one 11 abstention, myself. Commissioner Belew opposed it, but 12 it passes. All right, that takes care of that 13 particular item. 14 1.18 consider, discuss and take 15 appropriate -- 16 COMMISSIONER REEVES: That's in executive 17 session. 18 COMMISSIONER LETZ: The next two are 19 executive session. 20 JUDGE POLLARD: Both of them are executive 21 session. 22 All right, let's to go 1.20 consider, 23 discuss and take appropriate action to approve 24 monitoring agreement with Totalcom Management, Inc., 25 with monitoring services and allow the County Judge to 99 1 sign same. Shane Evans. 2 COMMISSIONER REEVES: Shane's not here, but 3 he'd talked to me. This is a contract regarding our 4 security and fire alarm systems, and the maintenance and 5 monitoring of it. It's a standard contract. I'm not 6 sure if Mrs. Stebbins' office was able to look at it or 7 not, it came in late Thursday afternoon, and he brought 8 it to my attention on Friday, and -- 9 JUDGE POLLARD: Have you looked at it? 10 MRS. STEBBINS: I have it in front of me 11 now. My only recommended change is in number 11 to 12 indemnity, to either strike that, which I feel they've 13 done in the past. If they won't accept striking that 14 language to add the language at the beginning of the 15 sentence to the extent permitted by law, because we're 16 not permitted to indemnify them. 17 COMMISSIONER REEVES: And I think the reason 18 it's short notice, they're coming sometime the end of 19 this week or next week, and with the change in staff 20 there he didn't realize that it needed to be done until 21 -- might I make a suggestion that we approve this 22 subject to County Attorney's review and approval? And I 23 would make a motion subject the County Attorney's review 24 and approval to approve the monitoring agreement with 25 Totalcom Management Incorporated for monitoring services 100 1 and authorize County Judge to sign the same. 2 COMMISSIONER BELEW: Second. 3 JUDGE POLLARD: Moved by Commissioner 4 Reeves, seconded by Commissioner Belew to approve item 5 1.20, and that is to approve the monitoring agreement 6 with Totalcom Management, Inc. for monitoring services, 7 and to allow the County Judge to sign same, subject to 8 approval of the contract hereafter by the County 9 Attorney. Is there any further comment or discussion? 10 COMMISSIONER MOSER: And that's in the 11 budget? 12 COMMISSIONER REEVES: I believe so, yes. I 13 haven't looked at it, but it's a maintenance item. 14 COMMISSIONER MOSER: Okay, good enough. 15 JUDGE POLLARD: Final word is yeah. All 16 right, any further comment or discussion? If not, those 17 in favor signify by raising their right hands. It's 18 four zero, unanimous. One abstention, myself included. 19 1.21 consider, discuss and take appropriate 20 action on offer from the Alamo Area Council Council of 21 Governments, popularly known as AACOG, to be the 22 alternate reviewer for Kerr County for the Local Update 23 of Census Addresses, that's called LUCA, as it relates 24 to the 2020 census. 25 There was a presentation made to AACOG about 101 1 that, and this is -- if we name them as our 2 representative to question that and go into it, that 3 that's about the only way we get -- we have to enforce a 4 review of it as far as our population figures are 5 concerned here. And the contract and the explanation is 6 in the agenda package. I highly recommend we do that. 7 COMMISSIONER MOSER: The county will be the 8 alternate reviewer? 9 JUDGE POLLARD: Well, their our agent, I 10 think, is the way it's worded. 11 COMMISSIONER BELEW: So we wouldn't 12 represent ourselves, they would become -- 13 JUDGE POLLARD: No. They do it for us. We 14 don't have much of a chance by doing it anyway, but if 15 they do it for some reason they are able to cause 16 question a review of it then. 17 COMMISSIONER LETZ: What is -- I've never 18 heard of or I don't recall dealing with this before. 19 The local update of census addresses, I mean what is 20 that? 21 COMMISSIONER BELEW: What do we get out of 22 it? 23 COMMISSIONER LETZ: I know the census that 24 we've been through, I think, twice I've gone through the 25 census update, and comes to 2021, I guess, when they 102 1 actually do it, at the end of 2020, whenever they do 2 that next census, but I've never heard of the local 3 updated census addresses; I'm not sure what that means. 4 JUDGE POLLARD: In reviewing the materials. 5 It's important that we get the numbers as correctly as 6 possible as far as the census is concerned, because it's 7 mail out from AACOG lists why to participate with them. 8 To help ensure accurate decennial and census count in 9 your community, to impact the distribution of more than 10 four hundred billion dollars in Federal funds 11 infrastructure programs and services, to impact the 12 number of U.S. House of Representatives congressional 13 seats, and to assist in planning for future needs. Now, 14 these are all pretty important areas. 15 COMMISSIONER REEVES: Actually, LUCA is the 16 addresses for the census, and they utilize, the way I 17 understood it, because AACOG works with 911, and they 18 actually run the 911 in certain areas. They have the 19 access to correct addresses to make sure the census 20 forms get mailed out for the 2020, and well and it 21 actually comes up to what they were talking about in 22 their presentation to, I guess, at your meeting last 23 week, Judge. 24 COMMISSIONER MOSER: So it sounds like a 25 good thing, a necessary thing to do, and it doesn't cost 103 1 us anything. 2 JUDGE POLLARD: That's right. 3 COMMISSIONER LETZ: But I mean -- 4 JUDGE POLLARD: That's a good kind of deal. 5 COMMISSIONER LETZ: But as I'm reading this 6 thing here is AACOG is able to assist counties in our 7 911 district; we're not in that District. 8 JUDGE POLLARD: I know. But they're saying 9 they do operate -- they do the 911 work for all but two 10 counties, Kerr and one other county, and they say if 11 we'll make our 911 information available to them they'll 12 do it for us, too, in addition to those other counties. 13 And that's saves us -- the 911 Board probably a lot of 14 trouble. 15 COMMISSIONER REEVES: Or as it says, we have 16 options. We can opt to decline participating in this 17 and respond directly to the census, or we may designate 18 an alternate review such as your County, State, data 19 center, original planning agency, i.e. AACOG, so we can 20 provide direct support and get that, you know, help them 21 with the addresses, which -- I don't know -- 22 COMMISSIONER MOSER: They're going to take 23 on the burden of doing it. 24 JUDGE POLLARD: Yeah. 25 COMMISSIONER MOSER: I move for approval to 104 1 identify the AACOG as the alternate Matt reviewer for 2 Kerr County for the local updated census addresses, as 3 it relates to the 2020 census, and authorize the Judge 4 to sign anything that needs to be signed. 5 COMMISSIONER REEVES: I'll second that. 6 JUDGE POLLARD: Been moved by Commissioner 7 Moser, seconded by Commissioner Reeves to designate 8 Alamo Area Council of Governments as our alternate 9 reviewer for Kerr County for the local update of census 10 addresses as it relates to the year 2020 census. Any 11 further discussion or comments? 12 COMMISSIONER LETZ: Seems to me since this 13 is based on 911, shouldn't we get 911's input? I mean 14 we're telling -- basically telling 911 that -- which we 15 have no authority to tell them what to do, but we're 16 saying that you gotta work with AACOG. 17 COMMISSIONER BELEW: It might be nice to 18 hear from Mr. Del Toro about it. 19 JUDGE POLLARD: We got a deadline here that 20 we gotta get this done by, I think it's December 15th. 21 COMMISSIONER MOSER: I'll then modify the 22 motion, contingent on approval by 911. 23 COMMISSIONER REEVES: Kerr 911. 24 COMMISSIONER MOSER: Kerr 911. 25 COMMISSIONER LETZ: I don't know. That may 105 1 imply their Board. I don't know if you want to go that 2 far either. 3 COMMISSIONER REEVES: Kerr 911's designated 4 representative, how's that? 5 COMMISSIONER MOSER: I'll just say Kerr 911 6 District, let them figure out who needs to do it. 7 COMMISSIONER LETZ: I mean, I'm just not 8 sure what it is we're doing. 9 COMMISSIONER BELEW: I agree with Jonathan. 10 I think we should hear from them, and see if they know 11 something about it that we're missing. 12 COMMISSIONER LETZ: And maybe they've 13 already got someone. 14 JUDGE POLLARD: And then we'll miss the 15 deadline. We only got five days to get this done. 16 COMMISSIONER LETZ: Maybe they're already 17 doing it. 18 JUDGE POLLARD: Hu? 19 COMMISSIONER LETZ: Maybe they're already 20 doing it, because it's a 911 driven thing it appears to 21 me. 22 COMMISSIONER REEVES: Might I make a 23 suggestion? Let's table this, because we have some 24 executive session items. Jody, could you make that 25 phone call while we're in executive session, and then 106 1 we'll come back and hash this out. And I'll take my 2 second off the table until we answer those questions. 3 COMMISSIONER MOSER: The motion was 4 contingent on their approval, so I still leave the 5 motion as it is. 6 COMMISSIONER REEVES: Leave it, but you 7 don't have a second right now. 8 COMMISSIONER MOSER: Well, maybe I can get 9 another second. 10 COMMISSIONER REEVES: So if we can -- what 11 if I feel like it's a good idea, but if it will help you 12 feel better about it, then Jody can make a phone call, 13 and we'll -- 14 COMMISSIONER LETZ: To let you feel better, 15 I think. 16 COMMISSIONER REEVES: And if he says oh 17 yeah, I thought y'all were going to do that anyway, and 18 that'll be good. 19 JUDGE POLLARD: All right, we're going to 20 leave that with just a motion and no second hanging out 21 there right now, and then we'll -- 22 COMMISSIONER BELEW: And we have to come 23 back and do it. 24 JUDGE POLLARD: Yeah, we're going to have to 25 come back and do it in open session after we get through 107 1 with executive session. 2 All right, is there anything further in open 3 session at this point? 4 COMMISSIONER REEVES: The reports, Judge, 5 and Miss Hoffer and her reports on the bids, I guess you 6 could go back to that, which was the agenda item 1.3. 7 MS. HOFFER: Kind of good news on this 8 really as an overall, all the prices went down from last 9 year's budget. I wouldn't say huge, but if you look in 10 your first column, and I know you only have one copy, 11 Vicki will type this up and send it out. But if you 12 look in that very first column on each page that was -- 13 well, the current until January 1st prices, so you go 14 across you'll see what the new bid was at, and really 15 pretty much everything either stayed the same or went 16 down, which is really great. 17 But on the culverts, it was between Wilson 18 Culverts and Contech. Contech won the bid. 19 On the base material -- the base material 20 and your paving rock, we do have stipulations on both 21 pages in the bid packet that says Kerr County retains 22 the right to add transportation to charges to the unit 23 price shown above to determine the low bid for a 24 particular job site. This may result in more than one 25 supplier being low bidder depending on the location of 108 1 job sites. You know, if we're doing a project that's up 2 in Bob's area, Allen Keller up on Harper Road or 3 Jenschke might be a better bet for base than Wheatcraft. 4 So it's just an example of why we may select somebody 5 particular road project. There could be a lot of 6 savings in that, and that paragraph has always been in 7 the bid packet ever since I came into the office. 8 COMMISSIONER MOSER: So if you select one, 9 you may -- I don't understand -- 10 MS. HOFFER: As an overall -- 11 COMMISSIONER MOSER: Let me ask my question. 12 So you going to select more than one, is that what 13 you're saying, and decide at the time? 14 MS. HOFFER: What it is is if we are having 15 stockpile of base, we're going to select the low bid. 16 Where we're just stock piling it at one of our yards. 17 If we have a project that is way out in the far 18 northwestern part of the County, might make more sense 19 to haul it from Harper Road instead of coming all the 20 way back to Wheatcraft in Center Point. 21 COMMISSIONER MOSER: So you are not 22 selecting a supplier; you're selecting -- 23 MS. HOFFER: One of them will be the true 24 low bidder on this. 25 COMMISSIONER MOSER: But Kelly, my question 109 1 is, you're selecting one or multiple, with the option to 2 determine at the time you need it? 3 MS. HOFFER: When we are stock piling base 4 the true low bidder across the board is the one that 5 we're going to order base from, but if we're going to go 6 in and stockpile a hundred yards, 200 yards, it's going 7 to be the low bidder, but if we have got a road project 8 that we have a base failure and we've got a section of 9 road that we have to replace, we're not going to 10 necessarily haul from that stockpile out of the Spur 100 11 yard; we may send those trucks up to the pit that's on 12 Harper Road, have those trucks loaded, and take them out 13 onsite to that one project. 14 COMMISSIONER REEVES: That's what I was -- 15 the yearly bid is the low bidder as your fixing to 16 announce. There's an alternate low bidder for special 17 projects when the cost justifies using them, is that 18 what you're staying? 19 MS. HOFFER: Absolutely, yes. Yes, Sir. 20 JUDGE POLLARD: Can we agree to the low 21 bidder and then an alternate low bidder? 22 MRS. STEBBINS: I don't think so. 23 JUDGE POLLARD: I don't understand that. 24 COMMISSIONER LETZ: I think we can. 25 COMMISSIONER MOSER: It's kind of weird. 110 1 COMMISSIONER LETZ: What we can do is on 2 base materials and the white rock on the last page, we 3 could accept all bids, and authorize Road and Bridge to 4 use the one based on the location of the base location. 5 We can accept them all, and then that gives us the 6 flexibility that, you know, if it's out in the western 7 part of the County, might be better go down to Keller. 8 If it's in the Eastern part of the County, it may be 9 better to go -- 10 JUDGE POLLARD: If we accept them all we're 11 not obligated necessarily to buy something from one of 12 them; it's just if we want to. 13 MS. HOFFER: Well, like I said, yes. And 14 if we are going to do -- what we're going to stockpile a 15 bunch of base to have it at the main yard. 16 JUDGE POLLARD: Have you read the contracts 17 and that? 18 MS. HOFFER: We sent them out. 19 MRS. STEBBINS: They sent the request for 20 proposals to me, yes. And I may have slept since then, 21 but they did send the request for proposals to me, and 22 it's the same form that we've used for -- 23 MS. HOFFER: Yeah. I think the idea behind 24 it was depending on a location, and depending on what it 25 is that you are doing, you could spend an awful lot of 111 1 money in fuel in fuel and a dump truck going back to the 2 low, low bid is on the other side of the County, you 3 actually are spending a lot more money for that base in 4 your transportation cost and your fuel cost. 5 JUDGE POLLARD: You can also spend a lot of 6 money for the attorney's fees for the low bidder saying 7 hey, you should have gotten it from me, you accepted my 8 contract, and you bought it from somebody else. 9 MS. HOFFER: Yeah, I mean I will do whatever 10 you want. I'm just using the form that has always been 11 here, and we did give the form to the County Attorney. 12 MRS. STEBBINS: And this is the practice 13 that they've been doing for -- 14 COMMISSIONER MOSER: So we can just accept 15 everybody's bid, and then Kelly can decide at the time? 16 MRS. STEBBINS: Is that what she's doing 17 really, or are you accepting the low bid and then 18 alternate bid or -- 19 COMMISSIONER LETZ: As an example Contech, 20 Contech's low bid. Contech gets the bid, period. You 21 know, Wilson Culverts doesn't get it this year. 22 COMMISSIONER REEVES: For the culverts. 23 COMMISSIONER LETZ: The culverts. Base 24 material, I think we accept them all, and authorize Road 25 and Bridge to, you know, designate the appropriate 112 1 vendor based on location, we need the material. 2 MS. HOFFER: Yeah, and it's not every single 3 material bid, it's that little paragraph that's written, 4 it's based for that one, and it also, which it really 5 doesn't make any difference, would also be the uncoated 6 rock and the trap rock. That's not going to make any 7 difference, because you can't buy trap rock in Kerr 8 County, it all comes from the Pleasanton-Uvalde area, 9 and the uncoated rock, the low bid, the company's in 10 Kerr County, so you know it's not going to make any 11 difference on your pavement rock. The only one that 12 really is is on the road base, the limestone material. 13 COMMISSIONER LETZ: And on the white rock. 14 MS. HOFFER: Right. 15 COMMISSIONER BELEW: Is this stipulated in 16 the request for bids? 17 MS. HOFFER: Yes. On those two pages, so 18 base and the sealcoat rock. 19 MRS. STEBBINS: So they've got notice that 20 that's the way it's going to go down. 21 MS. HOFFER: The culverts, whoever is the 22 low bid that's who we're going to go and order our 23 material. 24 COMMISSIONER LETZ: I make a motion that we 25 accept and award the bids as follows: Corrugated metal 113 1 pipe goes to Contech. What do you call the oils? 2 COMMISSIONER REEVES: Emulsion. 3 COMMISSIONER LETZ: Emulsion goes to Wright 4 Asphalt Products. Trap rock, or they call it black 5 base -- or cold mix rather, goes to Vulcan Materials. 6 Paving aggregates goes to Vulcan Materials. Then on 7 base materials, and uncoated rock, we'll accept all 8 bids, and authorize Road and Bridge on those two to 9 accept the low bid based on the location of the 10 material, or where it's needed in the County. 11 JUDGE POLLARD: Is there a second? 12 COMMISSIONER BELEW: Second. 13 JUDGE POLLARD: All right, any further 14 discussion? I'm not going to try to repeat that. 15 COMMISSIONER REEVES: Does that work for 16 you? 17 MRS. STEBBINS: It works for me. 18 JUDGE POLLARD: Any further discussion or 19 questions? If not, those in favor of the motion signify 20 by raising your right hands. It's four zero, unanimous. 21 One abstention, myself. 22 MS. HOFFER: Thank you. 23 JUDGE POLLARD: Is there anything else in 24 open session before we go into closed session, pay the 25 bills? 114 1 COMMISSIONER REEVES: We do that on 2 Thursday. 3 JUDGE POLLARD: All right. Item -- 4 COMMISSIONER LETZ: We have reports. 5 JUDGE POLLARD: Okay. 6 COMMISSIONER REEVES: Item 4.4. 7 JUDGE POLLARD: Approve and accept monthly 8 reports. Go ahead. 9 COMMISSIONER REEVES: All the reports are 10 from November, 2017. District Clerk's report, J.P. 11 Precinct Number 1, J.P. Precinct Number 2, J.P. Precinct 12 Number 3. Also the Constable's reports for November, 13 2017, Precincts 1 and 3. Move to approve the reports as 14 submitted and signed where needed. 15 JUDGE POLLARD: Okay, is there a second? 16 COMMISSIONER LETZ: Second. 17 JUDGE POLLARD: Been moved by Commissioner 18 Reeves, seconded by Commissioner Letz to approve and 19 accept all monthly reports, and sign -- or sign as 20 necessary, any reports received that he dictated into 21 the record. Is there any further comment or discussion? 22 If not, those in favor of the motion signify by raising 23 your right hands. It's four zero, unanimous. One 24 abstention, myself. 25 Just for the record, since the Auditor's 115 1 returned. There aren't 4.1, there are no bills to pay? 2 MRS. DOSS: No, Sir. 3 JUDGE POLLARD: 4.2, no budget amendments? 4 MRS. DOSS: No, Sir. 5 JUDGE POLLARD: 4.3, no late bills to pay? 6 MRS. DOSS: No, Sir. 7 JUDGE POLLARD: And 4.5 there's no Auditor's 8 report? 9 MRS. DOSS: That's correct. 10 JUDGE POLLARD: All right, we go to 5.1 11 reports from Commissioners and Liaison Committee 12 Assignments, anybody? 13 COMMISSIONER REEVES: Just one on the Events 14 Center. Mr. Feller finished the insurance repair work, 15 and the new skylights are installed, there was an 16 emergency that Mr. Hastings had recommended we get right 17 on. It's a tremendous difference in the lighting of 18 that building now just from natural light. He also at 19 no charge removed some old fans and exhaust equipment 20 that was causing leaks within the building. He covered 21 where they were with new metal, and did not charge the 22 County anything for it. 23 JUDGE POLLARD: Okay, any further reports? 24 All right then 5.2 reports from elected officials and 25 department heads? Anybody? 116 1 JUDGE POLLARD: Yeah, Sheriff. 2 SHERIFF HIERHOLZER: Sorry, but you need to 3 hear this on the jail. Those that were able to make the 4 open house, I think you saw a remarkable facility that's 5 in the works. Right off the bat, the first thing is 6 that we are near completion. We have authority to move 7 into the old portion as we speak, including bringing 8 inmates back. But to give you a quick rundown that 9 weren't there, and really the open house went really 10 well. We had several people go through that facility, 11 especially from the 1 to 5 part that was open to the 12 public. There was really a good turnout; I was 13 surprised. But the Jail Commission on jail standards 14 did not pass the new portion the other day when they 15 were here. The issue with it was that under the smoke 16 evacuation system, and you actually have to set off 17 smoke bombs in these cells, is that when the smoke bombs 18 were set off in one cell, you have 60 seconds for it to 19 set off the fire alarm, once smoke is introduced. It 20 did that in 32 seconds, anywhere from 32 to 34, so it's 21 right at about half the time, which is excellent. Then 22 the cells -- the entire jail has to be clear of smoke 23 within 15 minutes. And we were clear of smoke every 24 time between 8 and 10 minutes, so we had no issue there. 25 But one of the other little issues that you do have with 117 1 the Jail Commission is smoke, if it's set off in this 2 cell block it cannot in any way, shape or form migrate 3 over to another cell block while it's being evacuated, 4 and what was happening in some of the return and supply 5 ducts; not the exhaust ducks, it was able to -- in that 6 32 seconds before the alarm went off it would get up 7 into the duct, and then it would migrate a little bit in 8 over into the other ones, so that caused an issue with 9 the jail commission and so they did not pass us. So 10 that was worked on, and has been corrected with some 11 minor other duct work and with some dampers that they're 12 putting in, and I don't have the total cost of that, but 13 it's not a major issue on it, and the last change order 14 we did probably should cover all that. But that has 15 been corrected, and I sent a letter today requesting 16 another inspection from the Jail Commission, and they 17 should be there Monday morning, a week from today, to do 18 the inspection again. This time the inspector will only 19 concentrate on that system, because everything else 20 would be facility passed. So we should be okay after 21 next Monday. But we are in the process today and the 22 rest of this week of training on all the new equipment, 23 which is a major change in a lot of the employee stuff, 24 and moving the rest of the employee stuff and our 25 equipment back into the facility, getting in the jail 118 1 uniforms, all that kind of stuff for inmates, and the 2 shelving and that. So by Monday morning, a week from 3 today, is when we plan on making the final move from the 4 old juvenile facility back into our facility to where by 5 Monday afternoon, we will start booking inmates, any new 6 arrests right back into our facility again. 7 COMMISSIONER MOSER: So is all that 8 consistent with your schedule? 9 SHERIFF HIERHOLZER: Yes, yes. In fact it's 10 still actually under -- or ahead of schedule even a 11 little bit and still under budget, so we're still in 12 good shape. But by next Tuesday, a week from tomorrow, 13 is when we will start returning the inmates from the 14 other two counties where they're being housed, so it's 15 still on schedule, it's still doing good. We always 16 expect a few little things and this was just something 17 that came up in the design, but it's been corrected, but 18 hopefully we'll be on track. 19 COMMISSIONER MOSER: Good deal. 20 COMMISSIONER LETZ: When's the new 21 inspection date? 22 SHERIFF HIERHOLZER: Monday, a week from 23 today is when they should be there. And it shouldn't 24 take long because it's only on that portion of the 25 system, everything else has been done. All right? 119 1 JUDGE POLLARD: Thank you. 2 COMMISSIONER MOSER: Good job. 3 JUDGE POLLARD: All right, we're going to go 4 into closed session now. 5 (Executive Session.) 6 JUDGE POLLARD: All right, we're back in 7 open session. Any motions or announcements to be made? 8 COMMISSIONER REEVES: If we go back to item 9 1.21 regarding AACOG and the local update of census 10 addresses as it relates to the 2020 census. 11 COMMISSIONER LETZ: You know what they're 12 talking about? 13 MR. DEL TORO: I do now. I had time to read 14 the agenda packet there. Historically, we've been in 15 partnership with the U.S. Census Bureau every time this 16 comes around. We have shared data, shared information. 17 There really hasn't been an issue. But it seems to me 18 that what AACOG is wanting to do, because of the 19 counties that they support, and that they manage the GIS 20 for, they're going to do an internal audit. We have 21 that data if you need that audit, we could do it for you 22 as well. 23 COMMISSIONER MOSER: We don't want to do it. 24 MR. DEL TORO: Whatever the U.S. Census 25 needs, we provide them. 120 1 COMMISSIONER REEVES: So you could do what 2 AACOG is -- 3 MR. DEL TORO: Yes. 4 COMMISSIONER REEVES: -- recommending? 5 MR. DEL TORO: If there's any discrepancy in 6 addresses or anything anywhere in the County, we could 7 handle that situation. 8 COMMISSIONER LETZ: Well to phrase it a 9 different way, is it a benefit to using AACOG, or is it 10 something that's unnecessary? 11 MR. DEL TORO: No; it's just something that 12 they're offering their counties that they support. 13 COMMISSIONER MOSER: Well, what would you 14 like. Would you like them to do it, or would you like 15 to do it? 16 MR. DEL TORO: I'd like to do it, Sir. 17 COMMISSIONER MOSER: Okay. So the motion 18 was contingent upon approval by 911. 19 JUDGE POLLARD: You want to withdraw the 20 motion? 21 COMMISSIONER MOSER: Yeah. I withdraw the 22 motion since they want to do it. 23 COMMISSIONER REEVES: And we have to -- 24 well, we don't even need court order, y'all are going to 25 do it anyway, right? 121 1 MR. DEL TORO: Yeah, business as usual, 2 we'll just proceed. And when the census bureau needs 3 assistance, we provide it to them, and again we maintain 4 the address and database here, so there's no issue. 5 JUDGE POLLARD: Okay, any other business? 6 If not, we're adjourned. Thank you. 7 * * * * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 122 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 1st day of December, A.D. 11 2017. 12 13 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 14 No. 953 Expiration Date 12/31/2018 15 * * * * * * 16 17 18 19 20 21 22 23 24 25