1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, February 26, 2018 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge HARLEY BELEW, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3. 25 BOB REEVES, Commissioner Pct. 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioners' Comments. 5 4 1.1 Consider, discuss and take appropriate 9 action for the Court to allocate funds for 5 materials and construction, and approve a construction contract the for placement of 6 a reinforced concrete cap over existing drainage rip rap Hermann Sons Road. 7 1.2 Consider, discuss and take appropriate 15 8 action regarding gate across County Rd. 1233 E. or Redemption Rd. 9 1.3 Consider, discuss and take appropriate 33 10 action to designate authorized signators Texas Department of Agriculture for Texas 11 Community Development Block Grant Project 7217045. 12 1.4 Consider, discuss and take appropriate 44 13 action to approve a Resolution adopting required Community Development Block Grant 14 Civil Rights Policies, Texas Department of Agriculture for Texas Community Development 15 Block Grant Project Number 7217045. 16 1.5 Consider, discuss and take appropriate 46 action to proclaim April as Fair Housing 17 Month, Texas Department of Agriculture for the Texas Community Development Block Grant 18 project number 7217045. 19 1.6 Consider, discuss and take appropriate 47 action to allow County Judge to sign 20 start-up documents for the Texas Department of Agriculture for Texas Community Block 21 Grant Project 7217045. 22 1.9 Consider, discuss and take appropriate 52 action to approve report to Commissioners' 23 Court of the status of investments made under Section 1355.052 of the Texas 24 Estates Code. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 54 action to ratify and confirm contract with 4 Alamo Area Council of Government for Regional Solid Waste Grant Program signed 5 by Reagan Givens, as authorized via Court Order Number 36345, and allow the County 6 Judge to sign the various documents related to grant. 7 1.17 Consider, discuss and take appropriate 58 8 action to open sealed bids for the 216th District Attorney's office build-out in 9 the Sheriff's annex, and submit to Peter Lewis for review. 10 1.8 Consider, discuss and take appropriate 74 11 action to authorize repairs to a 2010 Ford F150 pickup used by Animal Services. 12 1.10 Consider, discuss and take appropriate 78 13 action to set salary for Constable Precinct 2, Kyle Schneider. 14 1.12 Consider, discuss and take appropriate 80 15 action regarding Sheriff's Fitness Center. 16 1.11 Consider, discuss and approve a 24 month 80 WCW Flex Agreement with West Central 17 Wireless to provide cell phone service for Kerr County Sheriff's Office. 18 1.13 Consider, discuss and approve customer 91 19 support agreement between Kerr County Sheriff's office and HOLT Power Systems 20 for maintenance of emergency generators. 21 1.14 Consider, discuss and approve a Service 93 Maintenance Agreement with Argyle Security 22 to provide the maintenance and management of the security electronic system and 23 detention system for the jail. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.15 Consider, discuss and approve an agreement 95 with Guardian RFID, a system of web-based 4 software as a service platform for inmate management, monitoring, and tracking system. 5 1.16 Consider, discuss and take appropriate 101 6 action regarding the Texas Commission on Jail Standards staffing analysis for Kerr 7 County Jail. 8 1.18 Consider, discuss and take appropriate 109 action on issues related to economic 9 development. 10 4.4 Approve and accept Monthly reports. 127 11 4.6 Court Orders. 129 12 5.1 Reports from Commissioners/Liaison 133 Committee Assignments as per attachment. 13 5.2 Reports from Elected Officials/Department 134 14 Heads. 15 5.3 Reports from Boards, Commissions and 134 Committees. 16 a). City/County Joint Projects or Operations Reports 17 b). Other 18 *** Recess until 8 a.m. Tuesday, February 27, 134 2018. 19 1.17 Consider, discuss and take appropriate 134 20 action to open sealed bids for the 216th District Attorney's office build-out in the 21 Sheriff's annex, and submit to Peter Lewis for review. 22 *** Adjournment. 143 23 *** Reporter's Certificate. 144 24 * * * * * * 25 5 1 JUDGE POLLARD: Okay, it is Monday, February 2 the 26th, 2018. It is now 9 a.m., and the Kerr County 3 Commissioners' Court is in session. This is a regular 4 session. We'll begin today with Commissioner Moser 5 leading us in the prayer and pledge. 6 COMMISSIONER MOSER: Stand and pray with me 7 if you will, please. 8 (Prayer and the Pledge of Allegiance.) 9 COMMISSIONER MOSER: Da don da don don 10 dee -- 11 (Commissioner Belew is present.) 12 JUDGE POLLARD: This is the part of the 13 agenda where anyone in the audience that wants to come 14 forward and speak on something that is not on the agenda 15 you're welcome to do so. If you do want to then 16 approach the podium, identify yourself by name and 17 address, and try to limit yourself to three minutes. 18 Now, is there anyone wishing to speak on something not 19 on the agenda? If you want to speak on something on the 20 agenda, you gotta wait until that item is called. All 21 right, anyone wanting to speak on something that's not 22 on the agenda? 23 There being none, we'll go on to the next 24 part, which is comments by the Commissioners and County 25 Judge period. 6 1 COMMISSIONER BELEW: Three and three 2 quarters inch rain since this started, so we're proud to 3 have that in Precinct 1. 4 JUDGE POLLARD: Well, my part of Precinct 2 5 only got one and a half. 6 COMMISSIONER BELEW: I'll say this, too. We 7 had a tree that completely blocked one of our roads 8 recently, and Road and Bridge got out there very quick. 9 took care of it. Can't even tell it ever happened, 10 except for a little hole where the stump was. So seeing 11 good work in Precinct 1. 12 COMMISSIONER MOSER: Okay, a couple of 13 items. Number one, we did not get enough votes on the 14 petition for alcoholic sales in Precinct 2. Walt Koenig 15 is here. I think -- Walt, and I think we've got an 16 opportunity to maybe still get it on the ballot if we 17 start that petition again. 18 MR. KOENIG: Yeah. We're going to get it 19 done. We learned of lessons this time. We weren't that 20 far off. And we know how to attack it next time. We 21 certainly aren't going to give up on this very critical 22 effort, and we're going to get it done. 23 COMMISSIONER MOSER: We still may be able to 24 get it on the ballot in November. 25 MR. KOENIG: We'll look at it this summer 7 1 again. 2 COMMISSIONER MOSER: We'll look at it, I'll 3 get with Walt. The other thing is Precinct 2 -- or 4 excuse me, the entire county had applied for a grant, 5 okay, for flood warning system, and we did not make the 6 cut on that. It was for a million dollars. So we'll 7 look at that and see why we didn't, and what we might 8 do, there's some things we might do there. 9 And to compliment the voter people, Nadene 10 and all, they're doing a great job. It's been terrible 11 weather, but they've been out there, and Center Point 12 Independent School District sort of got ahead of some of 13 this stuff. I know the Sheriff was providing security 14 out there, but they have their own police force now, so 15 the visibility, I think is -- they're a step ahead of 16 the folks in Florida, so with having that presence in 17 law enforcement there. That's all I have. 18 JUDGE POLLARD: I don't have anything. 19 COMMISSIONER LETZ: We're getting ready to 20 go into youth baseball season. Little League baseball 21 season, of which I'm involved with heavily once again. 22 But the good thing is, I was -- our registration numbers 23 have been really really high. It's probably the most 24 kids have signed up for little league than we've ever 25 had. And Boerne which has always kind of dwarfed us, 8 1 we're approaching to them about -- I'm good friends with 2 president of the Boerne Little League. They have 650 3 kids signed up this year. We're at about 620 right now, 4 and still taking a few late adds. And those that have 5 kids, we're getting a few complaints on getting it all 6 done, but it's just because we've been overwhelmed by 7 the numbers, it's been a lot of kids. And I bring it up 8 in Court mainly because that means the time of year when 9 Highway 27 is going to be very hectic at times of the -- 10 certain times of the week, and they'll be playing games 11 there Fridays and Saturdays, so during the week won't be 12 bad, but Fridays and Saturdays will be pretty 13 congested, and then on Monday, Tuesday and Thursdays 14 we're playing at the new Kerrville Sports over off 15 Holdsworth. Anyway, a lot going on there. So good to 16 have that number of kids, and one of the reasons is our 17 rates are very, very low for a youth sports. We really 18 work hard with -- we have a lot of volunteers. I don't 19 want to say how much some of the other ones are, but 20 Boerne's about a hundred dollars per kid more than we 21 are, which is substantial. And it's because they don't 22 get the volunteers that we do. We still have a good 23 voluntary group here. They have to pay for a lot of 24 their service, so anyway that's it. 25 COMMISSIONER REEVES: I'll follow up on 9 1 youth sports. I believe we have a new state champion 2 high school team here, OLH's soccer team. And then the 3 Tivy High Lady Antlers are going to state, as well OLH's 4 boys basketball team is in state tournament. So they 5 have that many state teams in one county that's a pretty 6 good thing, so wish everyone good luck, or 7 congratulations, wherever they go. 8 JUDGE POLLARD: All right. 9 COMMISSIONER REEVES: That's it. 10 JUDGE POLLARD: Thank you. All right, we'll 11 now go to item 1.1 on the agenda consider, discuss and 12 take appropriate action for the Court to allocate funds 13 for materials and construction, and approve a 14 construction contract the for placement of a reinforced 15 concrete cap over existing drainage rip rap Hermann Sons 16 Road. That's in Precinct 3, Mr. Hastings. 17 MR. HASTINGS: Thank you. Heavy rain fall 18 in 2015 caused severe erosion to the downstream end of a 19 road culvert adjacent to 697 Hermann Sons Road. In 2016 20 the drainage system was secured from the 697 Hermann 21 Sons Road property owners to allow for work to be done 22 to correct the erosion and protect the culvert and the 23 road. Three to four hundred yards of drainage rip rap 24 were placed within the drainage easement and 25 subsequently washed away from rain storms in 2016 and 10 1 2017. 2 Beginning in the fall of 2017 and ending 3 recently, Road and Bridge crews have placed another four 4 to five hundred yards of drainage rip rap. They used 5 large pieces of broken concrete foundation from the AG 6 barn, boulders, and recently acquired recycled TxDOT 7 concrete traffic barriers for a footer. Although the 8 new rip rap design involved the footer, a reinforced 9 concrete cap is required to hold the drainage rip rap in 10 place; otherwise, It'll wash out again. 11 This tributary crossing is the only way in 12 and out for approximately 40 properties, including 13 Armadillo Estate Subdivision and the surrounding area, 14 and therefore it is imperative that the integrity of the 15 crossing is maintained and protected. Quotes were 16 received from two contractors for the labor, forms, 17 steel reinforcement, placement and finishing of the 18 reinforced concrete cap. The low bid, low quote was 19 $20,988.00 from Rojas Concrete Company. Road and Bridge 20 will supply concrete, approximately 110 yards, and a 21 concrete pumper truck. Total cost of the project is 22 estimated at $35,259.00. The Road and Bridge Department 23 proposes to use $15,259.00 from flood damage, ten 24 thousand from flood control, and $10,000.00 from 25 salaries. 11 1 County Engineer requests the Court approve 2 the contract with Rojas Concrete Company in the amount 3 of $20,988.00 for the labor, forms, steel reinforcement, 4 placement and finishing of a concrete cap over the 5 existing drainage rip rap adjacent to 697 Hermann Sons 6 Road, and to allocate $14,271.00 to the Road and Bridge 7 Department for concrete and the concrete pumper truck 8 for a total, grand total of $35,259.00 to be paid with 9 the following amounts and line items: $15,259.00 from 10 flood damage, that's line item 15-612-459. $10,000.00 11 from flood control, that's Fund 22. And transfer 12 $10,000.00 from salaries into flood damage. Salaries 13 line item is 15-612-111, it would be transferred into 14 flood damage, which is 15-612-459. This is in Precinct 15 3. 16 COMMISSIONER MOSER: Taking the sum out of 17 salaries? 18 JUDGE POLLARD: Yeah, who's going to not be 19 paid? 20 COMMISSIONER LETZ: Charlie. 21 MR. HASTINGS: Kelly can answer that. 22 MS. HOFFER: No. We've had a couple open 23 positions and we still currently have an open one in the 24 mechanics shop. We had lost somebody due to an 25 accident. 12 1 JUDGE POLLARD: So the money's there to take 2 that ten thousand. 3 MS. HOFFER: Yes, Sir. So even if we go to 4 hire somebody, if we find somebody for that position the 5 remainder of the year, that money will be there. It's 6 from yesterday forward. 7 COMMISSIONER LETZ: I worked with Brenda 8 and -- Charlie and Brenda on this to come up with the 9 money. I don't think it qualifies as an emergency, and 10 I didn't want to take it out of our road budget for 11 sealcoat program. And there is excess funds in the 12 salary line item from some open positions out there. 13 COMMISSIONER MOSER: And there's another 14 line item was on flood control. This is not flood 15 control per se -- 16 COMMISSIONER LETZ: Yes, it is. 17 COMMISSIONER MOSER: -- this is flood 18 damage. 19 COMMISSIONER LETZ: Flood control. 20 MR. HASTINGS: It's flood control and 21 damage, because if we don't control the flooding it's 22 going to damage. 23 COMMISSIONER MOSER: Okay. How much is in 24 flood control for the year? 25 MR. HASTINGS: The remainder -- I believe 13 1 that was the remainder 15,259. 2 COMMISSIONER LETZ: That's the balance in 3 that account. 4 MR. HASTINGS: That's the balance. 5 COMMISSIONER LETZ: There is additional 6 funds in the line item -- or in the budget -- in the 7 fund, but we have to declare an emergency to access 8 those funds. 9 MRS. DOSS: There's ten thousand in flood 10 control, which is a separate fund. 11 COMMISSIONER MOSER: So that's my question, 12 so it's taking all the money out of that? 13 MRS. DOSS: No. There's still some left but 14 it's not budgeted. There was only ten thousand budgeted 15 for this current year, so that's all we can use, unless 16 you declare an emergency. 17 COMMISSIONER MOSER: So this year we got ten 18 thousand for flood control budgeted? 19 MRS. DOSS: Yes. 20 COMMISSIONER MOSER: So this is depleting 21 that? 22 COMMISSIONER LETZ: Yes. 23 COMMISSIONER MOSER: Okay. Is this the same 24 people that did the same kind of work, Charlie, on River 25 Road? 14 1 MR. HASTINGS: Yes, Sir. 2 COMMISSIONER MOSER: Yeah, they did a good 3 job. Yeah, yeah, okay. All right. 4 COMMISSIONER LETZ: All right. I make a 5 motion that we approve the contract with Rojas 6 Construction in the amount of $20,988.00 to do the 7 drainage -- or the rip rap cap work Hermann Sons Road. 8 The total amount of that project is $35,259.00 with the 9 difference coming from Road and Bridge line items, and 10 they'll be a budget amendment that will follow to 11 transfer the funds into the appropriate line items. 12 COMMISSIONER BELEW: Second. 13 JUDGE POLLARD: All right, it's been moved 14 by Commissioner Letz, and that was a pretty long motion, 15 but anyway it's to approve item 1.1 and that is to 16 approve a contract with Rojas Construction, I believe, 17 for 35 thousand -- what's the exact figure? 18 COMMISSIONER LETZ: Their contract is 19 20,988. The balance, the total construction cost is 20 35,259, and the difference is concrete cost and some 21 other costs. 22 MR. HASTINGS: And pumper truck. 23 JUDGE POLLARD: Material costs. 24 COMMISSIONER LETZ: And material costs 25 coming from Road & Bridge. 15 1 JUDGE POLLARD: All right. And it was 2 seconded by Commissioner Belew. Is there any further 3 comment or discussion? If there's none, those in favor 4 of the motion signify by raising your right hands. It's 5 four zero, unanimous. One abstention, myself. 6 Item 1.2 on the agenda consider, discuss and 7 take appropriate action regarding gate across County 8 Road 1233 E. or Redemption Road. 9 COMMISSIONER MOSER: Okay. Thank you, 10 Judge. I'm going to start out then Charlie's going to 11 -- Charlie, I believe everybody's got a copy of the 12 aerial, do they? 13 MR. HASTINGS: I e-mailed them, and -- Jody, 14 did those get printed and put in this packet? 15 MRS. GRINSTEAD: Uh-huh. 16 COMMISSIONER MOSER: And also Roy Rockwell 17 owns some property there, and so he's going to have some 18 discussion on it. And basically what it is, is there is 19 a -- and correct me if I'm wrong here, Charlie. There's 20 a Redemption Road is there and it's identified as a road 21 in the County, and we maintain that road. 22 MR. HASTINGS: We don't maintain it. 23 COMMISSIONER MOSER: We don't maintain it. 24 MR. HASTINGS: But it is identified as a 25 public access easement road. 16 1 COMMISSIONER MOSER: So it's not a county 2 road. 3 MR. HASTINGS: It's a county road that's 4 privately maintained. It's a public road that is -- 5 but it is not maintained by the County. 6 COMMISSIONER MOSER: All right. So is it a 7 county road? 8 MR. HASTINGS: No. 9 JUDGE POLLARD: It's a public road. 10 COMMISSIONER MOSER: Yeah, I understand, but 11 I'm just saying -- 12 MR. HASTINGS: It's a public road and the -- 13 COMMISSIONER MOSER: And the county roads we 14 maintain them, okay? 15 JUDGE POLLARD: No, not necessarily. If 16 it's a public road it's on a plat and designated as a 17 public road, and then it comes to the Commissioners' 18 Court in the platting process, and County either accepts 19 or does not accept maintenance of it at that time. So 20 this one occupies that class. It's been dedicated as a 21 public road on a plat, but we have not accepted 22 maintenance of it, okay. 23 COMMISSIONER MOSER: Okay. Gotcha. Thank 24 you. Now just for -- because it gets confusing, I want 25 to get that squared away. The next thing is what you 17 1 see here in red that's the -- that's the public road as 2 designated, is that correct, Charlie? 3 MR. HASTINGS: Yes, Sir. 4 COMMISSIONER MOSER: Okay. So in red, so it 5 goes down into the east end of Flat Rock Park, and takes 6 a hard left and goes somewhere, goes over to some 7 property adjacent to that. The thing is on this -- on 8 this road, this public road, okay, the County has a gate 9 across that public road and is locked. Mr. Rockwell, to 10 protect his property, he would like to put gate across 11 that road, also and to lock it, okay? And provide a key 12 or whatever, access to the County, provide easement to 13 the County for that, so that's what the desire is, and 14 I'll let Ray Rockwell explain what why, okay. 15 MR. ROCKWELL: Thank you. I'm Ray Rockwell, 16 and Carol and I live at 3965 Highway 27. We have about 17 four acres of land. Our back -- our south property line 18 adjoins the northeast corner property line of the free 19 running Dog Park. Our property kind of wraps around, 20 and you can see that on that plat you have, but I've got 21 another plat I would like in an few minutes to share 22 with you. But I want to share just a couple of minutes 23 of comments, and then maybe we can talk about the plats 24 and really how we might be able to do something. 25 Like I said I'm Ray Rockwell, and Carol and 18 1 I own the property that parallels the County on the 2 south -- the county's north, our south property line, 3 and it also parallels the property of the County on the 4 east property line south to north of the County 5 property, and the road Redemption Road we're talking 6 about actually the easement comes through our property, 7 and after you get past a couple of driveways off of that 8 property, one from Mr. Taylor and one from Mr. Paine. 9 The road goes nowhere accept to a locked gate of the 10 County, and to a road, a drive entrance that we have off 11 of Redemption Road into the back part of our property 12 where we have a warehouse and a guest house. 13 So that kind of takes me where we want to 14 go. We believe Redemption Road is a public road. We 15 believe that it has public access, and we know it's not 16 maintained by the County. I've had conversation with 17 the Road & Bridge as long ago as ten years ago about 18 maintaining the road, but that's never -- just in 19 question, I wasn't trying to get them to maintain it, I 20 was just asking if they did. But the answer was always 21 no. So we believe that the County -- the Redemption 22 Road is a public road, public access, non maintained, 23 and therein by state statute we wonder how the County 24 has a lock on the gate going into the park. We agree it 25 oughta be locked, and it oughta be there to prevent 19 1 public cars, vehicular traffic in to a free running dog 2 park. We don't think there oughta be vehicles in there, 3 but what we want to do is we want to come down below -- 4 and let me just share this other plat with you. And 5 it's one that Charlie shared with me originally, and 6 I -- I thought that -- 7 COMMISSIONER MOSER: Do you have enough 8 copies for everybody? 9 MR. ROCKWELL: Yes, I do. Just pass them 10 around. That delineates visibly our property line, and 11 you'll see on it that -- oh, I need to keep one of 12 those. Thank you. It would be better when I can see it 13 when I'm talking. 14 You'll see that we front on 27. And our 15 back property line and over on the side where you can 16 see the yellow -- our line is outlined in yellow, and we 17 have the little finger that goes up, and parallels a 18 little finger of the County property that comes up. And 19 I've made a black line across Redemption Road below the 20 two driveways that access off of it. From that point 21 down it really -- and our property starts above those 22 two driveways. It goes nowhere except to a locked gate 23 and to a little dim road that you can see that goes into 24 the back of our property. 25 And we would like -- we've been advised by 20 1 David Jackson, who has done some work for us in the 2 past, that we really should have a fence over on the 3 east side of our property, it's just kind of hanging out 4 there, and Mr. Taylor always thought we owned everything 5 from his fence over, and we always thought -- 6 COMMISSIONER MOSER: On the east side or the 7 west side? 8 MR. ROCKWELL: Pardon. 9 COMMISSIONER MOSER: On the west side, hu? 10 MR. ROCKWELL: Yeah, on the west side. But 11 the County has that little finger that goes up through 12 there, and that's where we parallel. We actually have 13 already cleared the fence line and are going to build a 14 fence. We actually were going to do it this week, but 15 I've gotta go to the Valley on some business, and so I'm 16 not going to do that this week. But within the month 17 we're going to build a fence on that -- on that property 18 line down to where it intersects with Redemption Road 19 and below our driveway, and just a few feet above the 20 County gate that's cross there. I'm not going to put a 21 fence in the road. I originally thought I might put a 22 gap fence in the road, put a pipe in the road that I can 23 set a post in, and just do a fence that can be picked up 24 and moved over if anybody needed to access through 25 there. 21 1 We would -- we would give the County -- and 2 I think KPUB -- as important as the County access is, 3 maybe even more important, KPUB has a couple posts, a 4 couple of power line posts inside the park area. One 5 just inside where the gate is about 30 or 40 feet. And 6 then one way down at the corner, almost at the corner 7 where the road loops around the park and comes back out. 8 I've not seen a vehicle go in and out of 9 that road into the park probably in I'm going to guess 10 five or six years, it's just not used. When they locked 11 it the only people I see from the County ever there is 12 the people picking up the trash about once a week. They 13 haul a 4-wheeler from -- I guess from the Road and 14 Bridge area, and they go into the park from the west end 15 of the park by the Third Creek entrance. 16 JUDGE POLLARD: So they will have to go 17 through your gate as well if you put a gate up? 18 MR. ROCKWELL: Oh, yeah. Certainly. I 19 would have no problem at all. 20 COMMISSIONER MOSER: Let me correct it. 21 Right now they come in from the west side. 22 MR. ROCKWELL: That's right. 23 COMMISSIONER MOSER: So picking up trash 24 they come in from here, okay; not from here, okay? 25 JUDGE POLLARD: Okay. 22 1 MR. ROCKWELL: I've not seen anyone, any 2 vehicular traffic come in through Redemption Road and go 3 into the park I'm going to guess five or six years. 4 Charlie may know different from that, but I don't. 5 So what we're asking the County to do is 6 some fashion, and I'm not sure if vacate, abandon, 7 whatever, I'm not sure what the term is that would be 8 used, but we would like very much, and we believe we can 9 put our fence in and put a gate across the road. We 10 also don't believe we can lock it. The way the 11 structure of the state statute and the way the road is 12 at this point. So we would like permission in some 13 fashion to put a locked gate to secure the back of our 14 property, that's our desire. 15 JUDGE POLLARD: I would ask the County 16 Attorney if we have the authority to do that? Do we 17 have authority to grant somebody to put a gate across a 18 public road? 19 MRS. HURT: It kind of depends, Your Honor. 20 There is a process, for example, if you want to vacate, 21 but there is a process that we kind of have to go 22 through, and if we need -- 23 JUDGE POLLARD: To vacate the road? 24 MRS. HURT: For example, yes. 25 JUDGE POLLARD: Well, that requires notice 23 1 to any and all land owners that use the road, too. 2 MR. ROCKWELL: But I'm the only land owner 3 that has any reason to use the road past the two 4 driveways that are on Redemption Road. 5 COMMISSIONER MOSER: You're not precluding 6 that? 7 MR. ROCKWELL: Pardon. 8 COMMISSIONER MOSER: You're not precluding 9 them from using that road to get to their property? 10 MR. ROCKWELL: No, no, I'm not bothering 11 their property at all. No land, no property interest 12 from that from where -- from that from their driveways 13 down. 14 COMMISSIONER MOSER: Just to make it clear. 15 The gate that you propose does not interfere with them 16 having access to their property on the public -- 17 MR. ROCKWELL: No, it does not. 18 COMMISSIONER MOSER: Okay, make that clear, 19 okay. 20 JUDGE POLLARD: If the process is 21 abandonment of it from a certain portion of it there 22 then I think we gotta go through the abandonment 23 process. 24 COMMISSIONER LETZ: Wait, wait. We don't. 25 We don't want to abandon this at all. I don't mind the 24 1 gate, but abandoning that road -- the reason -- there's 2 a railroad car that crosses Third Creek. That railroad 3 car washes out, we have no access to this property, and 4 it was always felt -- I mean we've discussed this many 5 times with Milton Taylor about abandoning up to where 6 his driveway is. And you know the Court in the past has 7 always felt very strongly, you know, if that portion of 8 the park ever gets any kind of development, this is the 9 primary access to that portion of the park, so -- 10 MR. ROCKWELL: That's right. 11 COMMISSIONER LETZ: So you know vacating and 12 abandoning is not a good option. 13 COMMISSIONER MOSER: I don't think anybody's 14 suggesting that. 15 JUDGE POLLARD: I thought that's what she 16 said. 17 COMMISSIONER MOSER: No. She said that's 18 one way to do it. Let's say we don't want to abandon 19 it, okay. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER MOSER: Let's just say that 22 right now. So next question is to the County Attorney 23 can we put -- can he put a gate across it, and if the 24 answer is no, then how can the County put a gate across 25 it, second question. 25 1 MRS. HURT: To the Court, I during this 2 conversation hadn't heard anything that actually 3 confirmed that the County was the one with a gate -- 4 COMMISSIONER MOSER: Oh, yeah, we got a gate 5 across it, it's locked. 6 MRS. HURT: You did? Okay. 7 COMMISSIONER MOSER: Yeah, that's a fact. 8 COMMISSIONER LETZ: Right. 9 COMMISSIONER MOSER: You can take that to 10 the bank. 11 MRS. HURT: Just making sure. 12 COMMISSIONER MOSER: Okay. 13 MRS. HURT: I would have to look that up for 14 you and supply to the Court at a later date. 15 COMMISSIONER MOSER: Okay. What Ray -- Mr. 16 Rockwell's suggesting is that he put a gate across that 17 public road, public access road, and lock it and provide 18 whatever access to lock or whatever to the County so 19 they can continue to use it, and I think we all want to 20 do that. 21 MR. ROCKWELL: Yes. 22 COMMISSIONER MOSER: And if the answer is no 23 he can't do that because of -- okay, then why can the 24 County do it? 25 COMMISSIONER LETZ: I agree. It would make 26 1 sense to me for us to move our County gate up to where 2 you want it. We would -- we can leave our gate just 3 because. But the question I had, and you know you may 4 not want to -- looking at the map if that can't be done, 5 that little -- that piece that basically runs along the 6 property that runs back along Redemption Road, if you 7 were to deed that portion or give an easement to the 8 County, whatever you want to call it, and then you just 9 put your fence up across the back part of your property 10 to keep the people off of it, it would accomplish the 11 same thing, couldn't it? 12 MR. ROCKWELL: Well, no, not the way the 13 fence -- currently I don't have fencing in that area, 14 Mr. Letz. You know, my -- let me backup, so -- 15 JUDGE POLLARD: Yeah, that makes sense. 16 MR. ROCKWELL: I think that the easement 17 that's in there probably also was put in place by KPUB, 18 would be my guess. They have a power line that runs all 19 the way down that easement and goes into the park. 20 Those red lines -- 21 THE REPORTER: One at a time, please. 22 COMMISSIONER MOSER: Hold on just a second. 23 COMMISSIONER LETZ: That was the access to 24 that property. That property was bought by the County 25 through RTC -- or Resolution -- yeah, RTC? And that was 27 1 the access to that property when it was bought by the 2 County. So I mean it wasn't -- it wasn't a KPUB 3 easement, it was an easement to that property. 4 MR. ROCKWELL: Okay, well somehow KPUB has a 5 power line on it, and I assume wherever their power 6 lines are they usually have easements. And we've owned 7 the property since 2002, and for the first 8 or 10 years 8 for the stock shows that park was full of trailers. I 9 mean, and that was the -- that's the way they went in 10 and out. You know if they would try to go in and out of 11 there now you'd have to have some tractors in there and 12 do some gravel work. 13 COMMISSIONER LETZ: Yeah, no question. The 14 road is now a secondary road that we have an access 15 across Third Creek. 16 MR. ROCKWELL: That's true. And for that 17 reason I would certainly agree that abandonment might 18 not be the best solution. But my desire is to have a 19 solution that allows me to put a gate -- well, I think I 20 have the ability to put a gate across the road. I don't 21 think I have to come ask the County Commissioners for 22 that. 23 COMMISSIONER LETZ: Whether you'd lock it. 24 MR. ROCKWELL: I think that I have to -- 25 that I can't lock the gate. And my desire is to be able 28 1 to protect the back side of my property as well as I 2 can, and a fence and a gate seems to be a logical -- a 3 one step logical way to do it. 4 COMMISSIONER LETZ: I don't have a problem 5 with that if it can legally be done. 6 COMMISSIONER MOSER: That's the question. 7 COMMISSIONER REEVES: That's what I think. 8 Because I think we faced this a couple three years ago 9 in Guadalupe Ranch Estates with a public access road 10 that was basically not even paved, land owner wanted to 11 put a gate. There's certain statutory notices that had 12 to be taken care of, postings, and everything else. 13 That gate could not be locked though. And this is what 14 I'd like County Attorney, and Charlie you've dealt with 15 some of these issues as well, that to figure out -- I 16 question whether we can place a lock on it. 17 COMMISSIONER MOSER: Like we have? 18 COMMISSIONER LETZ: Right. 19 COMMISSIONER REEVES: If we're not supposed 20 to then we need to rectify that, Commissioner. I think 21 it may come to the point because it's at the terminant 22 of the road. What if we can't? I'm not practicing law, 23 I'm just thinking what it may be. We need to deal with 24 that. But we also need to find out if we're to put a 25 gate -- I don't think the Court can just come up right 29 1 today and say we're going to put a gate, we're going to 2 lock the gate. I think there's some posting 3 requirements -- 4 COMMISSIONER MOSER: The purpose of this is 5 to bring it to the Court and discuss it, understand what 6 the issue is. And I know that there's not legally -- 7 we can't determine what to do here with locking the gate 8 on a public road. 9 So therefore we've got the -- we've met the 10 objective, and that's to bring it to discussion and ask 11 the County Attorney to then determine what can be done 12 and what it would take for Mr. Rockwell to put a gate 13 across there and lock it, okay? If that can be done 14 legally, and then in light of that we can see -- we the 15 County can see the benefit of that because we can remove 16 the lock, or keep our gate locked down there, but it'll 17 enable the County to lock that section of access to the 18 Flat Rock Park. 19 COMMISSIONER BELEW: I need to ask a 20 question. Is the only property from the gate back your 21 property and County property? Those are the only two 22 stakeholders in this? 23 MR. ROCKWELL: For about -- I'm going to -- 24 I'm going to say for about 250 feet or thereabouts, 25 maybe 300 feet, that's true. And then where my property 30 1 -- the County has property that parallels on the west 2 side with Mr. Taylor's property on his east side, and 3 he's to that fenced. My property if -- when we build 4 the fence then the County will have a fence on their 5 property. 6 COMMISSIONER BELEW: Well, is the short 7 answer yes or no -- 8 MR. ROCKWELL: Yes. 9 COMMISSIONER BELEW: -- if there's only two 10 stakeholders passed where you want the gate, property 11 owners? 12 MR. ROCKWELL: That's true. 13 COMMISSIONER BELEW: So the County and your 14 property? 15 MR. ROCKWELL: Yes. 16 COMMISSIONER LETZ: Sort of. On the other 17 side of the road Milton Taylor owns property. 18 MR. ROCKWELL: Actually the County has a 19 triangle that fingers up in there. It goes into a real 20 narrow point. 21 COMMISSIONER LETZ: Oh, okay. 22 JUDGE POLLARD: It sure seems so me like the 23 simple solution is to just County move our gate. 24 COMMISSIONER BELEW: Now, I'm going to ask 25 the County Attorney then being there's just two property 31 1 owners back there, can't we just have an agreement with 2 Mr. Rockwell that he has a key, we have a key, or we 3 both have a combination, I mean is there a legal -- 4 specific legal term for having an agreement with one 5 private citizen for County access and for him to have 6 access? Because nobody else needs to be back there 7 anyway, unless it would be emergency, you know, fire and 8 so on. 9 MRS. HURT: No. I understand the question. 10 My understanding is that going kind of back to what 11 Commissioner Reeves was saying that he believes there 12 still is a process. But to answer your question I would 13 have to sit down and look at it to give you a full legal 14 opinion, which I'm happy to do. 15 COMMISSIONER MOSER: Let's do that. Have 16 you take a look at it and see what our options are to 17 enable Mr. Rockwell to lock the gate to benefit the 18 County, it may serve to protect the County property too, 19 and then we'll bring it back at next Commissioners' 20 Court. 21 MR. ROCKWELL: Thank you very much for your 22 time. 23 COMMISSIONER LETZ: Something to think 24 about, Mr. Rockwell, is that in my opinion it would be a 25 value to the County to get more property. That's a very 32 1 narrow easement as I recall. 2 MR. ROCKWELL: Very narrow. 3 COMMISSIONER LETZ: If you were willing to 4 either grant an easement or sell that so we would get 5 better access, and then put a fence up at county's cost 6 back there where you want to control the access. 7 Basically, it's hard to see. But if you'd -- that part 8 that comes up here give a -- the leg that comes up, 9 sell, deed easement to the County of that, and keep this 10 right here, then it would benefit the County and you. 11 And it would give a way to get a better road back there. 12 If you ever want to sell the back of your property 13 you're going to have the County -- the ability to put a 14 -- have a county road right there, and also benefit the 15 County if we ever needed access. 16 MR. ROCKWELL: I would be very, very open to 17 deeding through an easement, or granting a legal 18 easement to the County through there if that -- if they 19 don't already have it. I assumed you already have it. 20 COMMISSIONER LETZ: We have it. But a wider 21 easement, because I think it's 20 feet as I recall. 22 MR. ROCKWELL: The easement's 40 feet. 23 COMMISSIONER LETZ: But if we wanted to get 24 a wider -- anyway -- 25 MR. ROCKWELL: I'd be happy to work with the 33 1 County on an easement. I'm not happy to work with the 2 County on selling it, or anyone. 3 COMMISSIONER LETZ: We really don't want to 4 buy it, we'd rather have an easement. 5 COMMISSIONER MOSER: So we got a plan. 6 MR. ROCKWELL: So thank you very much for 7 your time, and I'll look forward to getting back with 8 you. 9 COMMISSIONER MOSER: Thank you, Ray. We'll 10 put it on the next agenda. 11 COMMISSIONER BELEW: I have full confidence 12 in our County Attorney. 13 COMMISSIONER MOSER: If she doesn't have the 14 answer then we'll pass it. 15 JUDGE POLLARD: Okay. Item 1.3 on the 16 agenda consider, discuss and take appropriate action to 17 designate authorize signators, I guess on the Texas 18 Department of Agriculture for Texas Community 19 Development Block Grant Project 7217045, situated in 20 Precincts 2 and 3. Good morning, Katie. 21 MS. FALGOUST: Good morning, how you doing? 22 JUDGE POLLARD: All right. 23 COMMISSIONER MOSER: Katie, before you begin 24 may I say something? 25 MS. FALGOUST: Yes. 34 1 COMMISSIONER MOSER: On items 1.3, 4, 5, 6, 2 these are all Resolutions on some really legal documents 3 that I read over the weekend. 4 JUDGE POLLARD: They are. 5 COMMISSIONER MOSER: And good gosh we're 6 obligated to do a lot of things, so my question to Katie 7 this morning and to the County Attorney, was is this the 8 same thing we agreed to in Kerrville South? And the 9 County Attorney's been through it, and it's my 10 understanding -- don't let me put words in your mouth, 11 that everything is okay from the County Attorney's 12 standpoint, because otherwise if we get into the weeds 13 on this, we've been there before, so otherwise there's a 14 thousand questions, I think. Okay, that's all I want to 15 say. 16 JUDGE POLLARD: The weeds that are really 17 broad. 18 COMMISSIONER MOSER: Well, you need a mower. 19 If you mow the weeds you can protect the border. So 20 sorry, Katie, go ahead. 21 MS. FALGOUST: So the first one is the 22 signatory Resolutions, and so how it's structured now is 23 that County Judge and County Commissioners Precinct 2 24 and 3 would be able to sign contractual documents, and 25 then 4 of you can sign payment requests, it would be the 35 1 County Judge, County Auditor, County Treasurer, and 2 County Commissioners of Precinct 2 and 3. At this 3 meeting if the Court would like to change that that's 4 totally fine. This is how our current -- the other 5 grant is structured, and so I think in the past, you 6 know, just the County Judge was able to sign the 7 contractual documents in Kerrville South, but you know 8 if you're not available this would allow the -- 9 JUDGE POLLARD: It's a good way to do it, 10 three of them like that, maybe she could catch one of us 11 going by. 12 COMMISSIONER MOSER: And there's a lot of 13 stuff going on. If Jonathan approves, or I approve, or 14 if we have authority to, there's a bunch of stuff, so -- 15 MS. FALGOUST: And this is for the CDAP 16 Grant, which is the 156 connect first-time sewer 17 connections in East Kerr County. 18 COMMISSIONER LETZ: I guess the way it's 19 worded to execute contractual documents, I don't know 20 that I like the fact that -- it sounds to me like it can 21 be done without the Courts' approval, and I don't like 22 that. I mean I think the Court needs to approve any 23 contract. Who signs it, we will designate at that time. 24 Approving payment request, I think that makes a lot more 25 sense to get the same system that we have right now 36 1 where Commissioner Moser and I both look at the request 2 and either it can be approved that way. 3 JUDGE POLLARD: I think you're right. The 4 Commissioners' Court has to approve the contract period. 5 COMMISSIONER LETZ: And I think there's -- 6 we can set up, you know, in the absence of the County 7 Judge, or I mean -- well, it will still have to come 8 back to the Court, and if the Judge is out we can 9 designate somebody else to sign that contract. 10 COMMISSIONER MOSER: It accomplishes the 11 same thing. 12 COMMISSIONER LETZ: And we already have a 13 longstanding court order, and in the absence of the 14 County Judge at the moment is myself is authorized to 15 sign for the County. You know, so I think on the first 16 part it should be either County Judge or individual 17 designated by the Court. 18 COMMISSIONER BELEW: So just one signature 19 is required? 20 COMMISSIONER MOSER: Yeah. 21 COMMISSIONER LETZ: Yeah. 22 MS. FALGOUST: There has to be at least one 23 position listed. And for Department of Agriculture I 24 suppose like it's best to identify the position, so if 25 it can't be -- it can't be a generalized backup, but I 37 1 mean we could just leave it as the County Judge. 2 COMMISSIONER MOSER: If you leave it as 3 County Judge we're covered, because we can -- if he's 4 not here, or not available. 5 MRS. GRINSTEAD: Yeah. I thought we had 6 last time we only had County Judge, and we had to go 7 back in and add some names. Something to do with the 8 grant. 9 COMMISSIONER BELEW: Yeah. Why can't you 10 have County Judge or designee? 11 MS. FALGOUST: I think it had to do when the 12 previous Judge passed, and then, you know, you would 13 have to come back with a new Resolution. That was kind 14 of before my time. 15 MRS. GRINSTEAD: Yeah. 16 MS. FALGOUST: So then no one would be able 17 to sign contractual documents for several weeks, which 18 this really for the most part contractual documents are 19 the State contract which has already been signed and any 20 sort of like amendments or modifications or change 21 order. Have to get -- 22 COMMISSIONER LETZ: I guess I mean we can 23 leave it this way for that reason, but it's not going to 24 get approved, it's not going to be signed by me until it 25 comes to the Court. 38 1 COMMISSIONER MOSER: And I agree. Same way 2 here, right. 3 COMMISSIONER LETZ: So okay. 4 COMMISSIONER MOSER: Okay? So we make a 5 motion to adopt the Resolution. 6 JUDGE POLLARD: That applies to me, too. 7 COMMISSIONER LETZ: Right. 8 COMMISSIONER MOSER: Right. But we 9 authorize -- 10 JUDGE POLLARD: I have no authority to sign 11 anything. It's derived from the Commissioners' Court. 12 COMMISSIONER LETZ: And on the second one, I 13 think it should be the same. I don't think County 14 Auditor or Treasurer can execute a purchase voucher. I 15 don't think law allows that. I mean it's gotta be a 16 Commissioners' Court, we have to approve it. 17 JUDGE POLLARD: Well, let's do a motion on 18 1.3 first. 19 COMMISSIONER LETZ: Well, I'm on that, but 20 I'm looking at 2nd paragraph. 21 COMMISSIONER MOSER: He's looking at 22 therefore. 23 COMMISSIONER LETZ: It says County Judge, 24 County Auditor, County Treasurer, Precinct 2, Precinct 25 3. I think it should say County Judge, Precinct 2, 39 1 Precinct 3. If they have any kind of a voucher it 2 should come before the Court. 3 MS. FALGOUST: And this is the payment 4 request, so currently I believe Brenda -- I mean the 5 County Auditor is on the other grant Brenda does sign 6 them, but it doesn't have to be that way. 7 COMMISSIONER LETZ: They come to us first, 8 right? 9 MRS. DOSS: The Judge signs them also, yes. 10 The County Judge and I sign it, and this is just to 11 request payment from -- 12 MS. FALGOUST: The Department of 13 Agriculture. 14 MRS. DOSS: -- TDA. It's not actually 15 paying the bill; it's requesting payment from TDA. 16 COMMISSIONER LETZ: Right. But I see -- but 17 you're not going to sign it without it coming to the 18 Court first? 19 MRS. DOSS: Well, yes. Those we do sign, 20 because Katie prepares them and sends them to us, and 21 then the County Judge and I sign them, and then she 22 sends them in to TDA. 23 COMMISSIONER MOSER: Requesting payment. 24 MRS. DOSS: Yes. That's the way it worked 25 on the last TDA grant, right? 40 1 MS. FALGOUST: That is the current process. 2 And obviously can be changed if -- 3 COMMISSIONER LETZ: To me it would be a lot 4 simpler to have the same process for these disbursements 5 as we have we currently set up for TWDB, which it goes 6 through Charlie, Tom, me, you, and then it gets paid. 7 MRS. DOSS: Right. You sign -- you sign the 8 payment request now for Texas Water Development Board. 9 COMMISSIONER LETZ: Right. That's what I'm 10 saying. So why don't -- I mean -- but all of the -- it 11 seems to me that it should be the same process if 12 possible, so we're not worried about one form goes 13 through one process, and another disbursement goes 14 through another process. It should be the same as we're 15 currently doing. 16 COMMISSIONER MOSER: So how is it on Water 17 Development Board? 18 MS. FALGOUST: Right now -- well I guess 19 it's different for each type of payment, but for the pay 20 estimate, the contractor, both Commissioners -- 21 COMMISSIONER MOSER: No. Requesting payment 22 from the Water Development Board. 23 MS. FALGOUST: All the requests are signed 24 by Commissioner Letz. 25 COMMISSIONER MOSER: So we oughta do this. 41 1 MS. FALGOUST: And you're the only -- but 2 then the pay estimate is actually signed by a larger 3 group. Brenda, Charlie, you, and -- 4 COMMISSIONER MOSER: We oughta make all 5 these things consistent. 6 COMMISSIONER LETZ: I think it should be 7 consistent. I mean we can add another name on that if 8 we needed to, but I mean I think they should be 9 consistent because otherwise I see it becoming very 10 confusing. It's hard for already hard for me to figure 11 out what each disbursement is covering. 12 COMMISSIONER BELEW: Well, and it should 13 happen in the Court because then everybody knows what's 14 going on. 15 COMMISSIONER MOSER: Except payment requests 16 are not made through the Court. Now we make payment 17 requests -- 18 MRS. DOSS: That would slow the process down 19 a lot. 20 COMMISSIONER BELEW: Well, we pay everything 21 else by a vote. 22 MRS. DOSS: That would really slow the 23 process down. 24 COMMISSIONER MOSER: That is not paying; 25 it's requesting payment. 42 1 MRS. DOSS: It's requesting payment. 2 COMMISSIONER MOSER: It's requesting money 3 for us. 4 COMMISSIONER LETZ: The Court does approve 5 it on Thursday before the check goes out. 6 MRS. DOSS: Yes. 7 COMMISSIONER LETZ: It gets approved by us 8 right now. This is just to get it to that point. 9 COMMISSIONER MOSER: It's just to get the 10 money here. 11 COMMISSIONER BELEW: This is the invoice, 12 you're going to get paid, here's the paperwork. 13 COMMISSIONER LETZ: Right. 14 MS. FALGOUST: And the payment request form, 15 two people have to sign it, and there's only space for 16 two people, so we do recommend more than two people be 17 listed, just in the event somebody's out like on 18 vacation for a couple weeks so that there's a backup. 19 So I don't know -- do we want to -- does the Court want 20 to remove the County Auditor and County treasurer? 21 COMMISSIONER MOSER: So just for 22 clarification the way you've written the Resolution on 23 the -- and separate the second part first, Jonathan. 24 The requesting payments that's the way it is right now, 25 and that's just to request payment; that's not to 43 1 disburse funds from the County. And on the first -- 2 the first paragraph under therefore that's either the 3 Judge, Precinct 2, Precinct 3 Commissioners be 4 authorized to execute the contractual documents, and 5 we're not going to do that without Court approval 6 anyway, so I think the Resolution is -- 7 COMMISSIONER LETZ: Yeah, I guess it's fine. 8 This is what TDA wants on who can sign. When they get 9 it there they can make sure it's -- the signature's on 10 the list. It doesn't have any impact on our process. 11 MS. FALGOUST: Exactly. They need to know 12 who is eligible to sign, because they'll check it when 13 they receive, or request the -- they want to make sure. 14 COMMISSIONER MOSER: So I make a Resolution 15 that we accept the Resolution as presented by GrantWorks 16 today, the subject is authorize signators for Texas 17 Department of Agriculture for Texas Community 18 Development Block Grant Project 7217045. 19 COMMISSIONER LETZ: Second. 20 JUDGE POLLARD: Who seconds? 21 COMMISSIONER MOSER: Jonathan. 22 JUDGE POLLARD: All right, been moved by 23 Commissioner Moser, second by Commissioner Letz pursuant 24 to item 1.3 on the agenda. This is to authorize the 25 County Judge and Precinct Commissioners 2 and 3, all 3, 44 1 as authorized signators for purposes of the Texas 2 Department of Agriculture Texas Community Block Grant 3 Project. Is that correct? 4 COMMISSIONER MOSER: Correct. 5 JUDGE POLLARD: All right, any further 6 discussion? There being none those in favor of the 7 motion signify by raising your right hand. It's four 8 zero, unanimous. 9 1.4 consider, discuss and take appropriate 10 action to approve a Resolution adopting required 11 Community Development Block Grant civil rights policies, 12 Texas Department of Agriculture for Texas Community 13 Development Block Grant Project Number 7217045. This is 14 affecting Precincts 2 and 3. 15 MS. FALGOUST: So this is the Resolution 16 regarding Civil Rights policies, the Citizen 17 Participation Plan, Section 3 Policy, Excessive Force 18 Policy, Section 504 Policy, what is Code of Conduct 19 Policy, and the Fair Housing Policy. 20 As Commissioner Moser mentioned earlier 21 today these are all policies that having been passed in 22 previous grants. What is new this year is the Code of 23 Conduct, and it basically is intended to serve as 24 guidelines for the procurement of supplies, construction 25 services, and professional services. And it's to 45 1 mitigate conflict of interest. So this is a new 2 requirement of the Department of Agriculture, and it 3 kind of relates to Texas Government Code against 4 conflict of interest and nepotism. And also the uniform 5 management standard by the Texas Comptroller. So I 6 don't know if anybody has questions about it. 7 COMMISSIONER MOSER: Katie, so this is the 8 same thing we used in Kerrville South and was presented, 9 and this is a thing that the County Attorney looked at, 10 so it's exactly the same thing except for a different 11 grant. 12 MS. FALGOUST: Yes. With the exception 13 though of the Code of Conduct is new for this grant 14 cycle. 15 COMMISSIONER MOSER: Okay. So County 16 Attorney agree with that? 17 MRS. HURT: Yes. It's my understanding 18 Heather already looked at it and approved it, yes. 19 JUDGE POLLARD: It's a clear answer. 20 COMMISSIONER MOSER: Okay. Move for 21 approval of the Resolution as presented. 22 COMMISSIONER LETZ: Second nd. 23 JUDGE POLLARD: Been moved by Commissioner 24 Moser, seconded by Commissioner Letz to approve the 25 Resolution proposed in item 1.4 of the agenda, that is 46 1 adopting the required Community Development Block Grant 2 Civil Rights policies for the Texas Department of 3 Agriculture for Texas Community Development Block Grant 4 number 7217045. Is there any further comment or 5 discussion? There being none, those in favor of the 6 motion signify by raising your right hands. It's four 7 zero, unanimous. One abstention, myself. 8 Item 1.5 consider, discuss and take 9 appropriate action to proclaim April as Fair Housing 10 Month, Texas Department of Agriculture for the Texas 11 Community Development Block Grant project number 12 7217045. Once again, it affects Precincts 2 and 3. Go 13 ahead, Katie. 14 MS. FALGOUST: So this is also the 15 previously proclaimed April as Fair Housing Month. This 16 is one of the Fair Housing Month activities that the 17 County can do to meet all the requirements of the Fair 18 Housing requirements. So this Proclamation, you know, 19 just demonstrates that the city's promoting Fair 20 Housing, and will also be publishing an add in the 21 newspaper if the County approves it that will let folks 22 know about Fair Housing, so -- 23 COMMISSIONER MOSER: This is applicable for 24 the whole County, not just precinct 2 and 3. 25 MS. FALGOUST: That's correct. 47 1 COMMISSIONER LETZ: I make a motion that we 2 adopt the Proclamation to declare April as Fair Housing 3 Month for Kerr County. 4 COMMISSIONER MOSER: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Letz, seconded by Commissioner Moser pursuant to item 7 1.5 of the agenda to declare April of this year as the 8 Fair Housing Month, Texas Department of Agriculture for 9 the Texas Community Development Block Grant Project 10 7217045. Any further comment or discussion? There 11 being none, those in favor signify by raising your right 12 hands. It's four zero, unanimous. One abstention, 13 myself. 14 Item 1.6 consider, discuss and take 15 appropriate action to allow County Judge to sign 16 start-up documents for the Texas Department of 17 Agriculture for Texas Community Block Grant Project 18 7217045. Katie, you're up again. 19 MS. FALGOUST: So this is the last start-up 20 item for the agenda for today. There are a series of 21 documents that we will need to submit to the Department 22 of Agriculture to satisfy the first group of conditions 23 so that the County can start drawing down funds 24 eventually. One is the Signatory Resolution, there's a 25 direct deposit form, labor standards officer, the 48 1 ability for GrantWorks employees to do employee 2 interviews. There's a limited English plan that will be 3 translating documents into Spanish since the population 4 of Spanish speakers is over five percent, and then also 5 just like some policies and procedures. 6 So this is again very -- all of the same 7 documents that the County has signed on previous grants, 8 and I don't know if any of you have questions about any 9 of those forms. 10 COMMISSIONER MOSER: One question. 11 MS. FALGOUST: Sure. 12 COMMISSIONER MOSER: On one of them it says 13 I hereby authorize the following individuals to assist 14 the labor standards officer in conducting Davis-Bacon 15 employ interviews, and it looks like it lists everybody 16 that works for GrantWorks. 17 MS. FALGOUST: Yeah. 18 COMMISSIONER MOSER: So that what it is. 19 MS. FALGOUST: That's correct. For this 20 project since it's on private property, and Davis-Bacon 21 did not apply, but just in the event something changes 22 in the contract we just want to have something on the 23 record that we could do the employee interviews with the 24 construction workers, to make sure that they were 25 receiving the correct wages. 49 1 COMMISSIONER MOSER: That was the only 2 question I had. 3 MS. FALGOUST: Yeah, yeah. And so basically 4 we really have to do that just in case anybody from our 5 office is out here that they can do employee interviews. 6 COMMISSIONER MOSER: That's not a 7 Resolution; this is just allowing the County Judge to 8 sign start-up. I move that we allow the County Judge to 9 sign start-up documents for Texas Department of 10 Agriculture, Texas Community Block Grant Project 7217045 11 for Precinct 2. It's actually Precincts 2 and 3. 12 COMMISSIONER LETZ: Second. 13 JUDGE POLLARD: Moved by Commissioner Moser, 14 seconded by Commissioner Letz pursuant to item 1.6 on 15 the agenda to allow the County Judge to sign start-up 16 documents for the Texas Department of Agriculture for 17 Texas Community Block Grant Project number 7217045. Got 18 it memorized, man. Finally. Okay, any further comment 19 or discussion? 20 COMMISSIONER LETZ: The start-up documents 21 that he's signing, are those that were attached? 22 MS. FALGOUST: Yes. So it's -- it's quite a 23 lot, yeah. There's section 504 coordination, and it 24 makes the Judge Civil Rights Officer. The 25 self-evaluation review just to make sure people aren't, 50 1 you know -- 2 COMMISSIONER LETZ: I want you to read the 3 whole part that's in Spanish, too, Judge. 4 JUDGE POLLARD: What? 5 COMMISSIONER LETZ: Read the part that's in 6 Spanish. You got several pages of Spanish in here. 7 JUDGE POLLARD: Well, you gotta have 8 somebody else do that reading, because I can't. 9 MS. FALGOUST: So the citizens participation 10 plan is also in Spanish because there's over 5 percent 11 of the population is -- English is not their first 12 language. 13 COMMISSIONER LETZ: It's the same language 14 as the other one. 15 MS. FALGOUST: So it's exactly the same. 16 There's not different information in the Spanish 17 version. 18 JUDGE POLLARD: Okay. Well, subject to the 19 difference in interpretation, and there always is. 20 COMMISSIONER MOSER: What's the definition 21 of is? 22 JUDGE POLLARD: Yeah, that's right. 23 COMMISSIONER MOSER: Moved and seconded. 24 JUDGE POLLARD: All right. Those in favor 25 of the motion signify by raising your right hands. It's 51 1 four zero, unanimous. One abstention, myself. 2 MS. FALGOUST: Thank you. 3 JUDGE POLLARD: Thank you very much, Katie. 4 COMMISSIONER MOSER: One observation, if I 5 may, can you imagine the County having to go through all 6 this paperwork and in adherence to all these grants and 7 laws without somebody like GrantWorks doing that for us? 8 JUDGE POLLARD: I can't. Especially our 9 Auditor appreciates that. 10 COMMISSIONER MOSER: Right. 11 COMMISSIONER LETZ: And I will say that our 12 outside Auditors are very picky on this stuff, because I 13 got interviewed by them, which is where we came up with 14 we didn't have a certain sign posted correctly. But I 15 got asked a third time with that that I figured we had 16 probably done something wrong. 17 COMMISSIONER MOSER: There's a lot of 18 things, a lot of places we can make an error. Thanks, 19 Katie. 20 MS. FALGOUST: Thank you. 21 JUDGE POLLARD: Item 1.7 on the agenda -- 22 COMMISSIONER REEVES: Judge, we got 1.9, a 23 timed item. And then also, we have a timed item at ten 24 o'clock being 1.17 so we may be doing some skipping 25 around. 52 1 JUDGE POLLARD: All right, let's go to 1.9 2 consider, discuss and take appropriate action to approve 3 report to Commissioners' Court of the status of 4 investments made under Section 1355.052 of the Texas 5 Estates Code. Tracy Soldan. 6 MRS. SOLDAN: Good morning. The documents 7 that you have are an annual requirement of the Estates 8 Code to inform you of the interest earned on investments 9 prior to mailing the letters out to the families. 10 COMMISSIONER MOSER: Well, I think this is 11 great, because we brought in $4.17, and a $1.27 on the 12 other one. Way to go. 13 COMMISSIONER BELEW: The rates are low. 14 COMMISSIONER MOSER: Oh, are they? 15 COMMISSIONER MOSER: You mean a big number 16 and a little number is still a little number? 17 JUDGE POLLARD: These are funds in the 18 County Court's registry -- 19 MRS. SOLDAN: Yes. Yes, Sir. 20 JUDGE POLLARD: -- through estates -- 21 MRS. SOLDAN: Yes, Sir. 22 JUDGE POLLARD: -- and guardianships and 23 that kind of thing. 24 MRS. SOLDAN: Uh-huh. 25 COMMISSIONER REEVES: And you're doing this 53 1 in accordance with state requirements to present this to 2 us, correct? 3 MRS. SOLDAN: Yes, it has to be presented to 4 you for acceptance, and then e-mail it out to the 5 families. 6 COMMISSIONER REEVES: I make a motion to 7 approve the report to the Commissioners' Court on the 8 status of investments made under section 1355.052 of the 9 Texas Estates Code. 10 COMMISSIONER LETZ: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Reeves, seconded by Commissioner Letz pursuant to item 13 1.9 on the agenda to approve the report of the status of 14 investments made under section 1355.052 of the Texas 15 Estates Code. Is there any further comment or 16 discussion? 17 COMMISSIONER LETZ: Quick question. Are 18 these the only two that fall under this category under 19 the Estate Code? Because I know that there's a lot in 20 the County Clerk's office, and a lot in District Clerk's 21 as well, I believe. 22 MRS. SOLDAN: These were the ones that the 23 County Clerk turned over to me to manage. There should 24 be some in the District Clerk's office. 25 COMMISSIONER LETZ: Okay, thank you. 54 1 JUDGE POLLARD: All right, if there are no 2 further questions or comments then those in favor of the 3 motion signify by raising their right hands. It's four 4 zero, unanimous. 5 What was the other one, 1.17? It's -- is it 6 quite ten? 7 COMMISSIONER REEVES: Depends on what clock 8 you look at. 9 COMMISSIONER LETZ: No. We got 4 minutes. 10 COMMISSIONER REEVES: Could we just take a 11 recess? 12 JUDGE POLLARD: Let's get 1.7 then out of 13 the way. 1.7 consider, discuss and take appropriate 14 action to ratify and confirm contract with Alamo Area 15 Council of Government for Regional Solid Waste Grant 16 Program signed by Reagan Givens, as authorized via Court 17 Order Number 36345, and allow the County Judge to sign 18 the various documents related to the grant. It says 19 Commissioner Reeves, but -- 20 COMMISSIONER REEVES: Yes, Sir and -- 21 JUDGE POLLARD: -- it looks like somebody 22 else is standing up. 23 COMMISSIONER REEVES: Somebody else is 24 standing up. As you recall in September the Court 25 authorized Reagan to apply for a grant with AACOG for 55 1 the Regional Solid Waste Program. The grant was to 2 apply and see if we could obtain a second recycling 3 trailer for the County. 4 First of all I'd like Reagan to kindly bring 5 us up what's transpired since September. 6 MR. GIVENS: Yes, Sir. So I did make my 7 presentation for the grant, and we got back that it's 8 been approved for funding, so basically at this point in 9 time they have sent us that approval, so at this time 10 we're -- what I would -- what I'm asking the Court to do 11 is whenever you can look at it, if we can move forwards 12 with ratifying being able to sign off on the -- to 13 return that they're requesting some information, which I 14 got with the Auditor on, and basically requesting -- we 15 have done nothing yet, we have not accepted it yet, made 16 no purchase or anything like that. 17 COMMISSIONER MOSER: So you're asking us to 18 look at it, so just look at this. This is a $14,000.00 19 grant. There's 98 pages of legal documents for the 20 $14,000.00 grant -- 21 MRS. DOSS: Yes, Sir. 22 COMMISSIONER MOSER: -- so you are 23 requesting the County Attorney and the Auditor take a 24 look at these and -- 25 A. Yes. And I'll need to -- because they had sent 56 1 it to me and they're requesting signature along with 2 some other documents, which the Auditor has I believe 3 probably got together at this time. Just requesting 4 that the Courts' approval to move forward with that. 5 COMMISSIONER MOSER: Do we have to have 6 approval to move forward -- 7 JUDGE POLLARD: I think if the grant's 8 approved, then yeah, we do have to have. 9 COMMISSIONER REEVES: Under that Resolution 10 court order we authorized Reagan to request for the 11 grant funding under AACOG's program and act on behalf of 12 Kerr County on all matters related to this grant 13 application, and unless the County Attorney disagrees, I 14 think that Mr. Givens continue. Continue to act under 15 that in getting the other paperwork filed. This isn't 16 to purchase anything, this is just to continue with this 17 grant. 18 COMMISSIONER MOSER: I'm all for it. I 19 just, you know, with 98 pages and I assume the County 20 Attorney -- 21 MRS. HURT: It has been reviewed, Your 22 Honor. 23 COMMISSIONER MOSER: Yeah! 24 JUDGE POLLARD: All right, is there a motion 25 then? 57 1 MRS. DOSS: I have a question then on who's 2 going to sign the different documents, because there's 3 quite a few grant documents that I prepared that need to 4 be signed by someone, the Judge? 5 COMMISSIONER MOSER: The Judge. 6 COMMISSIONER REEVES: Then I make a motion 7 to ratify our previous court order as detailed in the 8 agenda item, being court order 36345, and allow the 9 County Judge to sign various documents as needed related 10 to this grant. 11 COMMISSIONER LETZ: Second. 12 JUDGE POLLARD: Been moved by Commissioner 13 Reeves, seconded by Commissioner Letz pursuant to item 14 1.7 on the agenda to approve -- really ratify the 15 previous applications for the grant, and to authorize 16 the County Judge to sign various documents related to 17 the grant, which has been successfully agreed to be 18 funded. 19 COMMISSIONER REEVES: Yes. 20 JUDGE POLLARD: Okay, is that fair 21 statement? 22 COMMISSIONER MOSER: Yes. 23 JUDGE POLLARD: All right, any comments or 24 discussion? Those in favor of the motion signify by 25 raising their right hands. It's four zero, unanimous. 58 1 Now let's to go 1.17, a timed item. 2 Consider, discuss and take appropriate action to open 3 sealed bids for the 216th District Attorney's office 4 build-out in the Sheriff's annex, and submit to Peter 5 Lewis for review. Step forward, Mr. Lewis. 6 COMMISSIONER LEWIS: Thank you, Sir. Good 7 morning, Judge, Commissioners. 8 JUDGE POLLARD: Good morning. 9 COMMISSIONER MOSER: Good morning. 10 MR. LEWIS: Keep our fingers crossed here. 11 COMMISSIONER REEVES: Before we open the 12 bids, Mr. Lewis, I notice a note that you received one 13 or more of the bids at your office because the 14 courthouse was closed? 15 MR. LEWIS: Yes, Sir, we received all 5. 16 They all came in before two o'clock on the prescribed 17 date. 18 JUDGE POLLARD: And they came in on that 19 date? 20 MR. LEWIS: Yes, Sir. 21 COMMISSIONER REEVES: Okay. What I'm asking 22 was that permitted within the bid documents for you to 23 receive them? 24 MR. LEWIS: There was no exclusion for it, 25 and frequently we will receive them. 59 1 JUDGE POLLARD: Well, that depends on the 2 wording of the request for bids. 3 COMMISSIONER REEVES: I'm not trying to hold 4 this up, but before we open these bids, I want to know 5 if that was permissible. And I'm asking County Attorney 6 on that. 7 COMMISSIONER MOSER: What did the notice 8 say? 9 MR. LEWIS: The notice said on Monday, which 10 as it turns out it had been reviewed by a number of 11 eyes, but no one -- 12 COMMISSIONER MOSER: No. But what did the 13 bid -- what did the paper say where to submit them? 14 MR. LEWIS: At the County Clerk's office. 15 COMMISSIONER MOSER: Oops. 16 COMMISSIONER LETZ: And we were closed. 17 MR. LEWIS: And the County Clerk's office 18 was closed, and instead of deferring to the next day, we 19 didn't have anybody to talk to because the Court -- the 20 County was closed, and we made the executive decision to 21 receive them at our office. 22 COMMISSIONER REEVES: I'm not saying you 23 didn't make the prudent decision to receive these, but 24 I'm asking the County Attorney if they were properly 25 received. 60 1 MR. LEWIS: That's a good question. 2 COMMISSIONER LETZ: Or if somebody -- and I 3 guess the other side of that would be if somebody came 4 up here that day and didn't know to find you. 5 COMMISSIONER REEVES: Exactly. 6 COMMISSIONER BELEW: Right. And that's what 7 I was going to ask you. How did they know to find you? 8 MR. LEWIS: We contacted all the known 9 bidders that had shown up at the pre-bids that had 10 received sets from the printer, and that had been in 11 conversation with us. The same bidders who received 12 addenda. We issued three addendum. 13 COMMISSIONER LETZ: Was the pre-bid a 14 required pre-bid? 15 MR. LEWIS: It was not. 16 COMMISSIONER MOSER: Oops. Oops. Glad we 17 got a lawyer sitting in the middle. 18 COMMISSIONER LETZ: Why don't we take -- 19 COMMISSIONER REEVES: Take a recess and 20 allow -- 21 COMMISSIONER LETZ: Abby to look at this 22 and -- 23 COMMISSIONER REEVES: -- take a look at this 24 and report back before we open the bids. 25 JUDGE POLLARD: And ten minute recess, and 61 1 we'll resume at 18 minutes after ten o'clock. 2 COMMISSIONER MOSER: That was good strategy, 3 Bob. 4 JUDGE POLLARD: We're back in session now, 5 and back on item many 1.17, and let's see do we have 6 some sort of information from the County Attorney's 7 Office? We're short a Commissioner. 8 (Off the record.) 9 JUDGE POLLARD: All right, we're back in 10 session resuming item 1.17. What sayeth the County 11 Attorney? 12 MRS. HURT: Well, as the Assistant County 13 Attorney, I spoke to the County Attorney, and she had 14 indicated since I had heard no discussion from the Court 15 indicating that someone had tried to submit a late bid, 16 she didn't anticipate much risk if the Court decided to 17 move forward with the bids that were sent over, or were 18 obtained by Mr. Lewis; however, there would also be no 19 harm in extending out the -- 20 COMMISSIONER MOSER: The due date. 21 MRS. HURT: -- due date for the bids, other 22 than just the expense and time. 23 JUDGE POLLARD: Not open the bid forms now, 24 but then submit those bid forms and open them two weeks 25 from now? 62 1 MRS. HURT: Yes. 2 JUDGE POLLARD: Same ones? 3 MR. LEWIS: And I guess the question would 4 be would there be a need to continue to advertise? And 5 would there be a need to advertise for an additional 6 two -- 7 COMMISSIONER BELEW: I would think so. 8 MR. LEWIS: -- weeks in a row? 9 COMMISSIONER MOSER: Yeah, we'd have to 10 continue advertising. 11 COMMISSIONER LETZ: The other side of that, 12 I mean -- I think -- 13 COMMISSIONER MOSER: Practically -- 14 COMMISSIONER LETZ: The first point was that 15 if nobody has after the fact come to us and said, they 16 had all last week, hey y'all were closed, I wanted to 17 submit a bid. I mean they were given an opportunity. 18 And if someone would have done that, and we could have 19 extended it or done something. 20 COMMISSIONER REEVES: But what is the min -- 21 if we had to re advertise, what is the minimum required 22 time to do it? 23 MR. LEWIS: You know, I think -- legally, I 24 mean there's a requirement for -- you've got to 25 advertise at least two consecutive weeks in a row, and 63 1 this was a four-week bid period, and so the question is 2 if you're extending it and you get to take the advantage 3 of the two weeks that have already been advertised, or 4 do you need to do another two weeks out would then put 5 you in Commissioners' Court three to four weeks. 6 JUDGE POLLARD: So make it four weeks. 7 COMMISSIONER LETZ: It would be a six-week 8 thing almost. 9 MRS. WILKE: Can I be heard? 10 COMMISSIONER LETZ: Sure. 11 MRS. WILKE: How about the fact that didn't 12 the notice include to say that today's date would be the 13 date to open the bids -- 14 MR. LEWIS: Yes. 15 MRS. WILKE: So everybody would know, and 16 make a record that there's nobody here that want to 17 submit a bid or wanted to submit a bid and did not. 18 Everybody was notified that today was the date for the 19 sealed bids, and nobody's here objecting. 20 COMMISSIONER BELEW: You make a good point. 21 COMMISSIONER MOSER: I think that from what 22 the County Attorney said, you know, I don't know if 23 she's in the risk business, but anyway she said low 24 risk, and I think that you make a really good point, 25 too. I think we oughta go ahead. 64 1 COMMISSIONER REEVES: I feel like we should 2 err on the side of caution. 3 JUDGE POLLARD: I do, too. 4 COMMISSIONER BELEW: Well, I think Miss 5 Wilke makes a very good point. If I was going to get a 6 bid in and courthouse wasn't open on the day they said, 7 I'd come back and find out why. 8 COMMISSIONER REEVES: I'm just questioning 9 if they were properly delivered per the notice, per our 10 bid requirements. They didn't say to -- with all due 11 respect, Mr. Lewis, they did not say hand deliver to Mr. 12 Peter Lewis at something Water Street; they said the 13 Kerr County Clerk's office or something to that manner. 14 COMMISSIONER LETZ: I think if somebody 15 challenged it we'd lose. 16 COMMISSIONER MOSER: Oh, we do, yeah right. 17 COMMISSIONER REEVES: Like the four low 18 bidders -- or high bidders here could challenge it. 19 COMMISSIONER LETZ: Right. 20 COMMISSIONER MOSER: But you're right, if 21 they challenge us we lose, but if they don't challenge 22 us we're ahead. What's the time critical on something 23 like this? 24 MRS. WILKE: Judge, Commissioners, the 25 Cailloux Foundation is allowing us to rent month to 65 1 month. I think they do have a couple of people that are 2 looking to take our space, so I've been asked when we 3 will know. I told them we would know today about the 4 bids. But I'm sure it's not a problem if I go back and 5 explain to them what happened, so -- we're over there on 6 a month to month right now. 7 COMMISSIONER LETZ: Mr. Lewis, were there 8 any addendums issued? 9 MR. LEWIS: There were. There were three. 10 COMMISSIONER LET: How were they noticed? 11 MR. LEWIS: Again, we personally contacted 12 the known bidders, all 5, and we the distributed them 13 through Hill Country Reprographics, which was in the 14 advertisement for bid. 15 COMMISSIONER LETZ: This is no different 16 than an addendum, it's an addendum to change the time 17 period. 18 COMMISSIONER BELEW: Well, how is it that 19 the high bidders will have any legal standing or ground, 20 their bids are in. 21 COMMISSIONER REEVES: I'm just saying -- 22 COMMISSIONER BELEW: They're sitting right 23 there. 24 COMMISSIONER REEVES: I just feel like we 25 should err -- because we did not accept them in the 66 1 County Clerk's office. 2 COMMISSIONER BELEW: But the time period 3 doesn't change their bid, and it doesn't change that 4 they got there's in on time. 5 COMMISSIONER REEVES: You got a point there. 6 COMMISSIONER BELEW: So -- 7 COMMISSIONER LETZ: I guess the other option 8 we could do, I don't know how long, but looking back at 9 the County Attorney -- or Assistant County Attorney, if 10 we open the bids and awarded them, I guess, is there a 11 grace period or whatever after that we read them that 12 people have to object to them if they are going to 13 object? Or is it -- 14 JUDGE POLLARD: Sort of statute of 15 limitations. 16 COMMISSIONER LETZ: Three years. 17 COMMISSIONER MOSER: They could always 18 challenge. 19 COMMISSIONER LETZ: I don't want to start 20 construction and then have the second bidder say well we 21 object to it. 22 COMMISSIONER REEVES: Because it was 23 improper. 24 COMMISSIONER LETZ: Right, because it wasn't 25 proper. And if there's a way we could be time 67 1 certain -- 2 COMMISSIONER REEVES: We're looking at a 3 month to six weeks versus arguments and fights. 4 JUDGE POLLARD: Yeah. I agree with Bob. 5 MR. LEWIS: I will say for what it's worth, 6 the 5 bidders we them all and have worked with all of 7 them, and I can't imagine that any of them would have 8 rank over this acceptance of the bid today just 9 fundamentally, and be concerned about that, but that 10 doesn't really address your concerns. 11 COMMISSIONER MOSER: I think a month or six 12 weeks is not a show stopper according to Lucy, so -- 13 JUDGE POLLARD: Except for maybe the 14 Cailloux's. 15 COMMISSIONER MOSER: Well, but she said 16 they're month to month. 17 MRS. WILKE: They are month to month. They 18 have asked me twice now if I know and I've told them 19 when the bids would be opened, so I told them I'd let 20 them know today. 21 COMMISSIONER LETZ: I would say delay. 22 Abby, if you can check to see if we have to do a full 23 bid, or if we can just do the one notice, because it's 24 like an addendum. We issued some addendums that were 25 done not through a public notice. You never do a public 68 1 notice for an addendum. 2 MR. LEWIS: And we have extended bid date by 3 addenda in other public projects in the past. 4 COMMISSIONER LETZ: So just extend the bid 5 date maybe with one notice in the paper. I'm not trying 6 to practice law on this, but there may be an option to 7 get us through quicker. 8 COMMISSIONER BELEW: So it would be 9 basically due to the fact courthouse was not open that 10 day and it was extended -- 11 COMMISSIONER LETZ: And extended to our next 12 court date. 13 COMMISSIONER BELEW: So these guys they're 14 bids are all in, and if somebody else comes in they just 15 go in the stack, is that the idea? 16 COMMISSIONER REEVES: Pending approval from 17 County -- do we have a workshop scheduled for Monday? 18 MRS. GRINSTEAD: We do, the 5th. 19 COMMISSIONER LETZ: But you have to post 20 notice once, so it'll be our next commissioners' court. 21 Go ahead and put notice in the paper to extend the bid 22 date and they get it to our next Commissioners' Court 23 meeting in two weeks, and we could extend it to ten 24 o'clock at that time. 25 COMMISSIONER MOSER: Six weeks down the 69 1 tube. 2 JUDGE POLLARD: And the same bids that 3 they've already submitted would just be submitted to the 4 county at that time, and a new bidder can be added to 5 the stack. 6 MR. ALLEN: I just have a quick comment. 7 Everybody's that's bid this job, and we're familiar with 8 Mr. Lewis, we're all professionals, and on the 9 construction on the thing we are on deadline, because 10 we're told we have to be on deadline. I would ask how 11 many of us are here to see the bids of the four or five 12 that we got in, just to know that if we could convene 13 and say the 5 of us are here. You know rather than 14 giving somebody two weeks or a month to -- I mean if I 15 see in the paper and I missed it as a company and it 16 gives me a chance to rebid, it's just not fair to the 4 17 or 5 people that have worked so hard on meeting your 18 timelines. 19 COMMISSIONER LETZ: I can understand your 20 point. But it's not fair if others -- if someone else 21 came in and tried to submit and we were closed. 22 MRS. WILKE: And that's who would complain 23 really, not people who have submitted the bid. 24 COMMISSIONER LETZ: That's why we were 25 trying to shrink it down as quick as possible. 70 1 MR. LEWIS: I know three of the bidders are 2 represented here today. I may -- 3 MR. BENNETT: Does the fact that the 4 instructions instructed to contact you with any 5 abnormalities or questions, would that put notice on 6 them to contact you if they couldn't -- 7 MRS. WILKE: That's an informality. 8 MR. BENNETT: Absolutely. 9 MRS. WILKE: Or a question. 10 MR. LEWIS: Fundamentally, I think yes. 11 MR. BENNETT: And did anyone contact you? 12 MR. LEWIS: No. No. But for better or 13 worse we were proactive and contacted everyone before 14 they had a chance to contact us. 15 COMMISSIONER BELEW: So is that in the bid 16 procedure, like in the packet, and it says any 17 abnormalities contact Peter Lewis. 18 MR. LEWIS: Right. 19 COMMISSIONER REEVES: But I still question 20 it saying it had to be in the County Clerk's office. 21 COMMISSIONER LETZ: I think two weeks is not 22 that long to hold the bids we have, you know, wait and 23 put the notice in as quick as we can. 24 COMMISSIONER MOSER: Is that a motion? 25 COMMISSIONER REEVES: I don't think we can 71 1 make a motion on, we just said we would reopen the bids. 2 COMMISSIONER LEZ: But Peter Lewis can put 3 it in the paper because he had authority to do an 4 addendum. 5 MR. LEWIS: Which I will do through the 6 County Clerk's office. County Clerk did all 7 advertising? 8 MR. BENNETT: The majority of our 9 subcontract bids are good for 30 days, which is allowed 10 for bids, and they will all have expired, and we would 11 have to rebid. 12 COMMISSIONER LETZ: In two weeks? 13 COMMISSIONER BELEW: Prices can change fast. 14 COMMISSIONER LETZ: I know, but usually not 15 two weeks. 16 COMMISSIONER MOSER: Yeah, so in two weeks 17 that will be a problem for you? 18 JUDGE POLLARD: Other people can come in and 19 bid these guys can modify their bids if price changes. 20 COMMISSIONER LETZ: If they want to. 21 JUDGE POLLARD: Yeah. 22 COMMISSIONER LETZ: So you can just put in a 23 new bid if you want. 24 JUDGE POLLARD: So if things change for you 25 modify your bids during that time. 72 1 COMMISSIONER LETZ: We can do it in two 2 weeks. What's today, the -- 3 COMMISSIONER BELEW: 26th. 4 COMMISSIONER LETZ: The next one, March 12th 5 will be the next date. 6 MR. LEWIS: It is the 30 days though. 7 COMMISSIONER MOSER: What's that, Peter? 8 MR. LEWIS: No bidder may withdraw his bid 9 within 30 days after the actual bid opening, which 10 implies that bids will be good for at least 30 days, and 11 so that's the language that we typically -- we have been 12 known in the past to do 60 days at the request of our 13 client, but that -- 14 COMMISSIONER REEVES: And let me ask this, 15 and just trying to be prudent. This may not be the 16 first time this has ever happened in the State of Texas. 17 MRS. HURT: Probably not. 18 COMMISSIONER REEVES: There may be an 19 Attorney General's opinion or something telling us how 20 to proceed. If we could know on how to proceed, because 21 I understand about the validity of the bid -- or the 22 time frame of the bids and how long they're good. We 23 could at least do some research, and we've got a 24 workshop Monday? 25 MRS. GRINSTEAD: We've got a workshop 73 1 Monday. If I found out by -- 2 COMMISSIONER LETZ: We could recess, and 3 maybe give them until tomorrow. 4 COMMISSIONER REEVES: Or we could recess for 5 24 hours, if you could research that we could reconvene 6 tomorrow and decide. In the meantime we'll place the 7 bids in the custody of the County Clerk's office. We 8 could postpone it for one day. Perhaps this could 9 benefit if we could do some research and find something 10 clearcut yeah, we can go ahead and open them or no, we 11 can't. That's all I'm asking is something clearcut on 12 what we can do. 13 MRS. HURT: I am happy to do the research 14 and try to give the Court an answer tomorrow. 15 COMMISSIONER REEVES: So when we get through 16 this today instead adjourning, we'll go to recess until 17 in the morning, and perhaps we can find an answer. One 18 that could benefit everybody involved here. 19 COMMISSIONER MOSER: And just for playing 20 purposes if we don't get a clear answer then we'll go to 21 an addendum. 22 COMMISSIONER REEVES: We'll need to do 23 something else. But we can reconvene tomorrow morning. 24 JUDGE POLLARD: Mr. Allison might be able to 25 enlighten us from TAC. All right. On item 1.17 then 74 1 we're just going to -- 2 COMMISSIONER REEVES: No action. 3 JUDGE POLLARD: No action now, but we recess 4 until tomorrow. What time we going to do that? 5 COMMISSIONER REEVES: We gotta do it within 6 24 hours. Let's we're at 111. We can. 7 (Off the record.) 8 JUDGE POLLARD: All right, we're going to 9 reconvene at 8 o'clock in the morning on item 1.17. 10 Now, let's go back on the agenda -- Thank 11 you, Mr. Lewis, and all the bidders, I apologize. 12 All right, item 1.8 on the agenda consider, 13 discuss and take appropriate action to authorize repairs 14 to a 2010 F150 pickup used by Animal Services. Reagan 15 Givens. 16 MR. GIVENS: Thank you. About two weeks 17 ago -- two or two and a half weeks ago we had one of our 18 pickups have a mechanical issue, took it into Kerrville 19 Automatic and got a repair quote and for what the 20 problem was. The transmission needs to be -- it needs a 21 new transmission. There's also some other issues, but 22 as far as the starter is having some issues, some 23 u-joints, but the main expense is the transmission. 24 JUDGE POLLARD: How many miles on this 25 truck? 75 1 MR. GIVENS: This truck has a 106,000 miles 2 on it. It was actually part of the fleet that's used 3 daily before. At this time it's actually just a regular 4 pickup with no cages in the bed. 5 This pickup though, I wanted to kind of 6 outline the importance of it. It's used for a variety 7 of tasks that we need, a pickup with no cage in. Any 8 time we have to pick up hay for any kind of livestock 9 strays, any time we have food donations, there's 10 situations where we have large dog traps that do not fit 11 in the other Animal Control units that do have the 12 cages. Adoption events it's very handy, it's what the 13 kennel techs run errands in, all that type of thing. 14 The truck itself was in the original fleet that was 15 being used daily. This truck is not used every day, but 16 it is used probably at least twice a week for important 17 tasks. 18 It's my thought that if we get it repaired 19 -- we did get two quotes. One from Kerrville Automatic 20 Auto Repair Center, that one is $4,955.38, and Ken 21 Stoepel there's came in at $5,990.62. 22 JUDGE POLLARD: A thousand dollars 23 difference. 24 COMMISSIONER MOSER: But you got two quotes. 25 MR. GIVENS: Yes. And my thought is if 76 1 we're able to repair this truck with the amount of use 2 it gets, it's not used daily, it not racking up miles. 3 I believe it's only -- they've only put a thousand miles 4 on it since their last -- since the last time the oil 5 was changed, but I'm not sure what date that was. 6 COMMISSIONER LETZ: What year is the truck? 7 MR. GIVENS: It's a 2010. 8 COMMISSIONER BELEW: The transmission's 9 what, only 25 hundred dollars, something like that? 10 COMMISSIONER LETZ: No. 11 COMMISSIONER BELEW: More than that. 12 MR. GIVENS: Yeah, they're saying -- 13 COMMISSIONER BELEW: How much? 14 JUDGE POLLARD: 5000. 15 COMMISSIONER LETZ: Well, 4 thousand and 32 16 something like that. 17 MR. GIVENS: The transmission itself is 18 $3,112.00 plus labor, and there's some other things, 19 they say the starter is hanging up -- 20 JUDGE POLLARD: The deal is about 4000 or 21 5000. 22 COMMISSIONER LETZ: 5000. 23 COMMISSIONER MOSER: 4,900 and 5,900. 24 JUDGE POLLARD: Once you get through with 25 that you still got a 2010 truck with 109,000 miles on 77 1 it, it probably isn't worth it with it. 2 COMMISSIONER MOSER: I argue with that, if 3 it's been taken care of. 4 JUDGE POLLARD: That's a big if. 5 COMMISSIONER BELEW: It's not in use all the 6 time? 7 MR. GIVENS: It's not in use all the time, 8 but it's probably you'd -- it's basically everything 9 it's used for is not long journeys or trips, it's -- 10 COMMISSIONER MOSER: You have it in your 11 budget? 12 MR. GIVENS: -- just used to haul cages. 13 COMMISSIONER BELEW: It's like having a 14 ranch truck that has high mileage and you fix it. 15 COMMISSIONER MOSER: Is it in the budget? 16 You have the budget to fix it? 17 MR. GIVENS: Yes, Sir, I believe we do. 18 COMMISSIONER MOSER: I move for approval. I 19 move to approve fixing the F150-2010 truck, using the 20 low bid from Kerrville Automatic for $4,900 and -- 21 COMMISSIONER LETZ: Not to exceed $5,000.00. 22 COMMISSIONER REEVES: What was that, not to 23 exceed $5000.00, Commissioner? 24 COMMISSIONER MOSER: Yes. 25 COMMISSIONER REEVES: I'll second. 78 1 JUDGE POLLARD: Been moved by Commissioner 2 Moser, second by Commissioner Reeves to repair the 3 truck, 2010 F150 truck pursuant to item 1.8 on the 4 agenda for transmission and related repairs not to 5 exceed $5,000.00. Is that a fair statement of the 6 motion? 7 COMMISSIONER MOSER: It is. 8 JUDGE POLLARD: All right, any further 9 comment or discussion? 10 COMMISSIONER LETZ: I'll make a comment 11 that Reagan talked to Bob and I about this, and we opted 12 to put it on the agenda as opposed to just authorizing 13 him getting it fixed because of the cost and the age of 14 that truck. We had this very discussion. We thought it 15 should be a court discussion. 16 JUDGE POLLARD: Those in favor of the motion 17 signify by raising their right hands. Four zero, 18 unanimous. One abstention, myself. 19 MR. GIVENS: Thank you. 20 JUDGE POLLARD: Let's go to 1.10 consider, 21 discuss and take appropriate action to set salary for 22 Constable Precinct 2, Kyle Schneider. Is he here? Do 23 we want -- 24 COMMISSIONER LETZ: He doesn't need to be 25 here. 79 1 MRS. GRINSTEAD: No. This was basically 2 requested by HR. There's an email backup. 3 COMMISSIONER LETZ: I can explain that last 4 budget cycle we set base salaries for members for 5 elected officials, and the salary that he'll be coming 6 in at is lower than the other salaries. The amount 7 would be 46,650.89, which is less than he was actually 8 told, I believe. But that's because he gets a one 9 percent COLA after 12 months, which would get him if we 10 don't start him at 46.650.89 in one year he's going to 11 be above all the rest of the constables. So this gets 12 him in line with -- 13 COMMISSIONER REEVES: So he's in line with 14 the longevity policies that was established for elected 15 officials. 16 COMMISSIONER BELEW: How much difference? 17 JUDGE POLLARD: So your motion is to set his 18 salary at what? 19 COMMISSIONER LETZ: $46,650.89. 20 COMMISSIONER MOSER: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Letz, seconded by Commissioner Moser to set the salary 23 of Constable Precinct Number 2 to be $46,650.89. Is 24 there any further comment or question? 25 COMMISSIONER REEVES: Once he receives his 80 1 longevity at the end of year one, I believe it is, then 2 he'll be in line with the other constables. If we start 3 him where they're at now -- 4 COMMISSIONER BELEW: He'd be ahead of them. 5 COMMISSIONER REEVES: -- he'll be ahead of 6 them after one year. 7 JUDGE POLLARD: Okay, is there any further 8 discussion? If not, those in favor signify by raising 9 their right hands. It's four zero, unanimous. One 10 abstention, myself. 11 Item 1.12 consider, discuss and take 12 appropriate action regarding sheriffs fitness center. 13 COMMISSIONER MOSER: You skipped 1.11. 14 COMMISSIONER LETZ: You skipped 11. 15 JUDGE POLLARD: So let's do 1.12 while he's 16 up. 17 SHERIFF HIERHOLZER: I've got both of them. 18 JUDGE POLLARD: All right, I'll call 1.11, 19 too then. Consider, discuss and approve a 24-month WCW 20 Flex Agreement with West Central Wireless to provide 21 cell phone service for Kerr County Sheriff's Office. 22 SHERIFF HIERHOLZER: This is just our 23 contract with Windstream that we've had -- or West 24 Central Wireless rather. The current one's about three 25 or four years old on contracts, so it's expired and 81 1 that, and this is just a new one that would replace a 2 lot of the phones that are failing. The contract was 3 reviewed by the County Attorney and looked at. Actually 4 drops our price even a little bit. The only change she 5 had which they had no problem with is just adding the 6 part about to the extent allowed by law. 7 COMMISSIONER MOSER: And this is for 14 8 dollars -- is this per phone per month? 9 SHERIFF HIERHOLZER: Yes. I've got 30 10 phones. 11 COMMISSIONER MOSER: That's a good price. 12 SHERIFF HIERHOLZER: Right. 13 JUDGE POLLARD: Has the County Attorney 14 approved the contract? 15 SHERIFF HIERHOLZER: Yes. And just the 16 funding, of course like any contract, as long as funds 17 are appropriated by the County during the budget year, 18 and I think y'all have a copy of that. 19 COMMISSIONER REEVES: It's back in the 20 addendum. 21 SHERIFF HIERHOLZER: And that's sent to them 22 also. 23 MRS. HURT: Just want it to be clear that 24 there are two, the added language, and the appropriation 25 of funds. 82 1 SHERIFF HIERHOLZER: That's true. 2 COMMISSIONER REEVES: I move for approval of 3 the 24 month WCW Flex Agreement with West Central 4 Wireless for cell service for Kerr County Sheriff's 5 office, and authorize the Sheriff or the County Judge, 6 whichever is appropriate to sign. 7 SHERIFF HIERHOLZER: A lot of these in the 8 past I had signed just because of the number of them 9 when we get them in. 10 COMMISSIONER LETZ: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Reeves, seconded by Commissioner Letz pursuant to item 13 1.11 on the agenda to approve the 24-month WCW Flex 14 Agreement with West Central Wireless to provide cell 15 phone service to Kerr County Sheriff's Office to be 16 executed by the Sheriff. 17 COMMISSIONER REEVES: Or the County Judge, 18 whichever is appropriate. 19 JUDGE POLLARD: All right. Now, any further 20 comment or discussion? 21 COMMISSIONER MOSER: What does flex 22 agreement mean? 23 SHERIFF HIERHOLZER: It's just their new way 24 of doing it. I can't even answer that. 25 COMMISSIONER BELEW: It's one of their 83 1 programs they have. 2 COMMISSIONER MOSER: So it's just their 3 terminology. 4 COMMISSIONER BELEW: Just give it their 5 name. Marketing. 6 COMMISSIONER MOSER: Okay, that's the only 7 question I have. 8 COMMISSIONER LETZ: I have a question, 9 Sheriff. Is this a -- you know, is this a special law 10 enforcement rate, or is this just an -- this rate seems 11 to be low, and I think it's a lot lower than we're 12 paying on a lot of our County cell phones, and if we 13 could add all our County cell phones under this 14 agreement we would save a lot of money. 15 SHERIFF HIERHOLZER: Well, I couldn't answer 16 that. I know that we've dealt with 15, 18 years now, 17 and they've always done us a real good job on our cell 18 phones for all our officers. I couldn't tell you if 19 it's a special law enforcement rate or -- 20 COMMISSIONER BELEW: When the phone lines 21 have been down, Rusty, did you maintain cell phone 22 service? 23 SHERIFF HIERHOLZER: Well, depending on 24 which time. Most of the time we have the best service 25 locally from, you know, from these people. You know, 84 1 you get -- personally, I have Sprint, okay. But there 2 are a lot more areas in the County where my Sprint 3 doesn't work than the West Central Wireless. But I have 4 Sprint because I don't have a County phone. I have my 5 personal phone just because there's a lot of personal 6 phone calls on it, too that I didn't want the County to 7 be subject to. 8 COMMISSIONER BELEW: Well, I didn't think 9 West Central Wireless was affected as much as the 10 other -- 11 SHERIFF HIERHOLZER: No. 12 COMMISSIONER BELEW: -- companies, because 13 their tower is local, and their system is in Kerr 14 County. 15 COMMISSIONER LETZ: Can we get this to IT, 16 or IT Liaisons maybe can talk to our IT person about 17 this, because I think it's a big savings because I think 18 our other phones are like 30 dollars. So this is less 19 than half of what we're paying, you know. We're paying 20 unlimited texting and voice mail, and service looked 21 pretty good. 22 SHERIFF HIERHOLZER: Some of the data stuff 23 it does -- you know, we have data limits on it that it 24 can go over, but most of it we've always stayed right 25 within the limits. And the officer's pool and share all 85 1 those minutes. 2 JUDGE POLLARD: Is Central Wireless the old 3 Kerrville Telephone, or is that the Five Star? 4 SHERIFF HIERHOLZER: Five Star is what it 5 was before. 6 COMMISSIONER LETZ: Thank you, Sheriff. 7 JUDGE POLLARD: All right, what do you want 8 to do? 9 COMMISSIONER LETZ: Motion and approve. 10 COMMISSIONER REEVES: Motion and a second. 11 JUDGE POLLARD: All right, we've already 12 voted on it? 13 COMMISSIONER LETZ: No. 14 COMMISSIONER MOSER: And I second it. 15 JUDGE POLLARD: All in favor of the motion 16 signify by raising your right hand. Now we voted on it. 17 It's four zero, unanimous. One abstention, myself. 18 1.12 was -- what did you want to do about 19 that? Your fitness center? 20 SHERIFF HIERHOLZER: The fitness center. 21 And I don't believe y'all had both pieces of paper that 22 were attached, one I didn't get until last Friday, so 23 let me hand that out. One you should have. The fitness 24 center, of course where we are with the 216th DA's 25 expansion is going to take over our fitness center. The 86 1 fitness center is used a lot by jailers and even other 2 county employees, including some over here at the 3 courthouse, and several deputies. And what I would like 4 to do instead of just totally closing it down and being 5 done with it, because I think it probably -- Dawn's not 6 here, but I think you can also get some of our breaks on 7 our health insurance and everything for officers and 8 employees that are using it. 9 A lot of times deputies and jailers don't 10 want to go out to the general public to join a fitness 11 club, it just causes issues if you're in one of those 12 sometimes using it. We have currently approximately, 13 and I'm to round it off, about a half a million dollars 14 left out of the bond issue from the jail expansion. And 15 what I asked our legal counsel Tom Spurgeon, since it is 16 used by the jail employees and that, if that remaining 17 money could be used to build a fitness center, about a 18 40 by 40 metal building out there on the property inside 19 the fence where one of the slabs was that we had to tear 20 out and redo. 21 COMMISSIONER BELEW: There's already a slab 22 there? 23 SHERIFF HIERHOLZER: No. That is getting 24 torn out. Road and Bridge is going to use the concrete. 25 That was a slab there just to build the tilt walls on 87 1 for the jail, and has zero steel on it and has already 2 cracked. So what I asked our legal counsel is if the 3 remainder of those bonds could be used for that purpose, 4 and you'll see his response in there, and I also asked 5 our architect what their stance would be and how they 6 would -- the second page is how they would go about 7 doing this project, and they're recommending an 8 amendment to our current contract, and do it as a design 9 build on their part is what it says in the second 10 letter. I think this would be very advantageous for all 11 of Kerr County, especially for the jail staff in that -- 12 in that expansion, and I would ask that we be able to 13 move forward on some of this. And the reason it's kind 14 of a time limit, what I envision having to do depending 15 on what the bids coming in on the DA's expansion is 16 getting another Conex box and put up there on the 17 property to store all the current equipment in that we 18 have. As the Commissioners recall the fitness room we 19 currently have has about a hundred thousand dollars 20 worth of good equipment in it that was paid for by 21 seizure funds and all that for officers and jailers to 22 be able to stay fit, okay. And I don't want to give 23 that up because trying to sell equipment -- physical 24 fitness equipment if you do it online, or do it, you 25 know, on a bid we're not going to get near what the 88 1 value of that equipment really is. 2 JUDGE POLLARD: First of all I'd like to say 3 that well that was pretty good predictions or 4 estimations on the cost of this whole project, to come 5 in that close to the original bid on it and to have that 6 little sum left over, and all of the bids to come in 7 within contract times, that's -- everybody that has to 8 do with that project is to be complimented about that. 9 And it's clear that counsel for the -- Mr. Spurgeon's 10 clearly said it's a permitted use, and I think that's a 11 great thing to do with the funds. 12 SHERIFF HIERHOLZER: Well, personally I 13 think we did a whole lot to improve the -- and this may 14 sound awkward or bad, the jail situation inmates in this 15 County, okay, and I think we also need to do that for 16 our jail staff. 17 COMMISSIONER MOSER: You mentioned one 18 thing, there's some negative for law enforcement to go 19 to public fitness centers, and I think that's a good 20 point. The other thing is that is a lot of good 21 equipment out there -- 22 SHERIFF HIERHOLZER: Very good equipment. 23 COMMISSIONER MOSER: -- so I think that's a 24 good idea. 25 COMMISSIONER LETZ: So I guess at this point 89 1 you want approval to proceed? 2 SHERIFF HIERHOLZER: Yes. 3 COMMISSIONER LETZ: And then they -- 4 SHERIFF HIERHOLZER: The approval would be 5 to proceed, we'll get an amendment from DRG Architects 6 to amend their contract and get some plans from them 7 that would -- each step would still come back to this 8 Court in my opinion now. The design build, the design 9 of it, the build of it, the cost of it, I think all need 10 to be approved way before a dime is spent on it. 11 COMMISSIONER BELEW: But there's no bidding 12 process, this is the same -- 13 SHERIFF HIERHOLZER: It is an RFP. The DRG 14 will develop an RFP, and that for, you know, the design 15 build, but it will be doing it this way it's a little 16 bit more suitable in their words to the smaller 17 construction companies, you know, to build a metal 18 building is what we're doing with it, with a restroom in 19 it. 20 JUDGE POLLARD: So what you want now is just 21 approval of the plan? 22 SHERIFF HIERHOLZER: Approval of the plan so 23 that we can go forward and start getting -- 24 COMMISSIONER MOSER: Approval of a concept. 25 SHERIFF HIERHOLZER: Yes. 90 1 COMMISSIONER MOSER: Approval of a concept 2 to proceed. 3 COMMISSIONER REEVES: But also allow you go 4 to DRG for developing the plans? 5 SHERIFF HIERHOLZER: Well, what I will do is 6 DRG will send us an amendment for their contract, and 7 I'll put that on the next agenda if we get it and then 8 we'll go from there. So it's approval of just the next 9 step forward of getting the amendment to their contract. 10 COMMISSIONER BELEW: Does that mean DRG 11 would have oversight of the project? 12 SHERIFF HIERHOLZER: Yes. Again, just like 13 they the did the jail. It's just an amendment to that 14 same deal. 15 COMMISSIONER BELEW: Same people back for 16 this? 17 SHERIFF HIERHOLZER: Well, I'm sure the 18 contractors will be different since this is added, will 19 bid it out. But yes, on the architect side, Mr. -- 20 Perry and Mr. Gondeck it would be the same. 21 COMMISSIONER LETZ: The time savings would 22 be that we don't have to go out for a bid for an 23 architect. The rest of it will just using the same 24 architect, and we've done that frequently on other 25 projects that we try to utilize the same firm. And I 91 1 don't think it takes a court order, does it? 2 SHERIFF HIERHOLZER: Well, I don't -- I 3 don't know. I just wanted to make sure we handled this 4 one correctly. I don't think it hurts to have one. 5 COMMISSIONER LETZ: Come back with a 6 contract amendment and we'll approve that. 7 SHERIFF HIERHOLZER: Just want to be able to 8 tell them yes, we're okay to do it. 9 JUDGE POLLARD: That satisfies item 1.12 10 then. Let's go to item 1.13 consider, discuss and 11 approve customer support agreement between Kerr County 12 Sheriff's office and HOLT Power Systems for maintenance 13 of emergency generators. 14 SHERIFF HIERHOLZER: And that's exactly what 15 it is. There's two new big generators out there. Just 16 the price of this will also come out of the bond issue 17 that we still have for this first year, that's where the 18 cost is coming, but this is the maintenance contract 19 past the warranty issue on the generator. 20 COMMISSIONER MOSER: Rusty, is there -- I 21 was looking at that, $130.00 an hour for a technician. 22 SHERIFF HIERHOLZER: That's coming out of 23 San Antonio. 24 COMMISSIONER MOSER: I don't care if he's 25 coming out of Canada, okay? 92 1 COMMISSIONER LETZ: You haven't hired any 2 technician recently. That's a fair market price. 3 COMMISSIONER MOSER: $130.00 an hour? 4 COMMISSIONER BELEW: Yeah. That's 5 actually -- 6 COMMISSIONER LETZ: It's bad, but it's not 7 unusual. 8 COMMISSIONER MOSER: The school district has 9 those -- 10 COMMISSIONER BELEW: Well, go look for 11 somebody that really knows what they're doing. 12 COMMISSIONER MOSER: Okay. All right. 13 SHERIFF HIERHOLZER: Unfortunately, that's 14 where we're at. But I do think we need a maintenance 15 contract on those. 16 COMMISSIONER LETZ: I make a motion that we 17 approve the maintenance contract with HOLT Power Systems 18 as presented. 19 COMMISSIONER MOSER: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Letz, seconded by Commissioner Moser, somewhat 22 reluctantly because of the hourly rate of the 23 technician, pursuant to item 1.13 of the agenda, and 24 that is to approve the Customer Support Agreement 25 between Kerr County Sheriff's Office and HOLT Power 93 1 Systems for maintenance of emergency generators. Is 2 there any further comment, question or discussion? 3 COMMISSIONER LETZ: I'll make a comment that 4 the first -- the annual amount at $7,806.00 will come 5 out of the bond issue and future payments as presented 6 will be budgeted. 7 SHERIFF HIERHOLZER: Correct. 8 JUDGE POLLARD: All right, those in favor of 9 the motion signify by raising their right hands. It's 10 four zero, unanimous. One abstention, myself. 11 Item 1.14 consider, discuss and approve a 12 Service Maintenance Agreement with Argyle Security to 13 provide the maintenance and management of the security 14 electronic system and detention system for the jail. 15 SHERIFF HIERHOLZER: Again, this is the same 16 type of thing, it's a little bit different. This is for 17 all the cameras, and monitors, the intercom system, 18 everything that we have installed well over a million 19 dollars worth of equipment into that jail. Now the 20 benefit we have is their head installer that was in 21 charge of their project here in this County that has 22 installed and maintained, or done this stuff for 23 electronic systems all over the country, we hired him as 24 a jailer, okay, so he is now a Kerr County Jailer 25 employee. And so we also have the added benefit to help 94 1 maintain this stuff. But I let him look over this stuff 2 with Argyle, and a lot of it is the software upgrades 3 and things like that, that's what's in this, and 4 actually getting them on-site twice a year to look at it 5 and go over it. So we took the lower end of that. They 6 had other options of five times a year, six times a year 7 that we did not feel we needed, but this one we felt we 8 needed with the software upgrade that we can also get. 9 COMMISSIONER BELEW: Because you have him in 10 house? 11 SHERIFF HIERHOLZER: Because we have him we 12 didn't need to go with the higher ones. 13 COMMISSIONER MOSER: Move for approval of 14 the Service Maintenance Agreement with Argyle Security 15 to provide maintenance and management of the security 16 electronic systems and detention system for the jail -- 17 COMMISSIONER REEVES: Second. 18 COMMISSIONER MOSER: -- for $7,000.00 a 19 year. 20 JUDGE POLLARD: Motion by Commissioner 21 Moser, seconded by Commissioner Reeves pursuant to item 22 1.14 of the agenda package to approve the Service 23 Maintenance Agreement with Argyle Security, provide the 24 maintenance and management of the security electronic 25 system and detention system for the jail. Is there any 95 1 further comment or discussion? 2 COMMISSIONER LETZ: Their programers get 150 3 an hour. 4 COMMISSIONER MOSER: They deserve it. 5 COMMISSIONER BELEW: They don't have an 6 engineering degree. 7 COMMISSIONER MOSER: Neither does the other 8 guy. 9 JUDGE POLLARD: Those in favor of the motion 10 signify by raising your right hand. Four zero, 11 unanimous. One abstention, myself. 12 Item 1.15 consider, discuss and approve an 13 agreement with Guardian RFID, a system of web-based 14 software as a service platform for inmate management, 15 monitoring, and tracking system of the jail. 16 SHERIFF HIERHOLZER: Okay. In plain English 17 what this amounts to is currently, you know, by state 18 rules, Texas Commission on Jail Standards, we're 19 required to track the inmates, to visually observe the 20 inmates, every inmate, not less than once every hour, 24 21 hours a day. If they're suicidal or aggressive, or 22 anything else that could be every 15 minutes, it could 23 be every 10 minutes, or constant. But after the well 24 known now Sandra Bland Act that went through our 25 legislature last year, they have put some requirements 96 1 on us now that are really creating havoc with the way we 2 used to do business inside the jail. We would have a 3 sheet of paper hanging up at each cell, and the jailer 4 would walk around and document the time, okay, that 5 they're observing the inmate. Well, the Sandra Bland 6 Act now -- and part of this we took care of with the 7 expansion was adding the cameras. I now have 240 8 cameras inside that jail, okay, that are recorded 24 9 hours a day. But the other thing they did is you can't 10 go passed those time limits even by a few seconds; 11 otherwise, you are out of compliance with jail 12 standards, and the liability we see what happened with 13 the county over the Sandra Bland. 14 What this system does is it is a web-based 15 system, it records everything, it tracks everything, and 16 it prints out everything. And the jailers will have in 17 this system seven hand-held pilot type things. They do 18 have cameras on them. The jailers go up, each inmate is 19 wearing a wristband with a bar code on it. You can scan 20 the bar code, you can scan the cell, it documents it 21 all, any movement at all with the inmate. If we do have 22 an altercation in the jail and jailers instantly have a 23 camera with them, be available to video tape anything 24 going on in that cell, and it's all downloaded to this 25 web-based deal. 97 1 Now the good part about it is it is all a 2 wireless program, and there will be a computer and 3 master control that we set the limits. If this cell 4 block or inmate has to be observed every 30 minutes then 5 we set that limit to 25. And what happens at 25 minutes 6 it starts signalling control that they need to make this 7 welfare check, okay, so that it doesn't get passed that 8 time frame, so we can send a jailer over there if we're 9 getting close. Unfortunately, this is one of the 10 reasons that this will probably be my last term in 11 office, but it is technology and it will help our jail 12 staff, especially with the limited amount of staff, to 13 be able to do their jobs and a lot quicker and a lot 14 more efficient, and cover us with a lot better liability 15 protection of being able to just print that document 16 out, and have every movement of every inmate. 17 COMMISSIONER BELEW: How close do you have 18 to be to the inmate for the thing to get a reading? 19 SHERIFF HIERHOLZER: Well, what we do is in 20 the cell -- see, if you're at the cell block, you're 21 doing it to the cell, and all the inmates are in the 22 cell, and that computer because this does integrate with 23 our Odyssey system, all right, they're already doing 24 that in other counties. It will automatically log that. 25 If we have an inmate come out of the cell you're just 98 1 scanning it just like a bar code on his wristband as he 2 walks out. 3 COMMISSIONER BELEW: Otherwise they never 4 move, they don't come up to the door, and that works 5 even with all the metal and everything? 6 SHERIFF HIERHOLZER: To be honest it's one 7 of the best systems I've seen in my career of being able 8 to document all the different movements, because you can 9 program it to how your agency works. I can do it to 10 even dispensing medication. And it'll log that he got 11 his meds that day, or he went to court or whatever, we 12 can do that. 13 COMMISSIONER REEVES: So it's giving us an 14 actual electronic paper trail to prove we're in 15 compliance -- 16 SHERIFF HIERHOLZER: Right. 17 COMMISSIONER REEVES: -- with the latest to 18 come out of Austin. 19 SHERIFF HIERHOLZER: And the biggest part of 20 this it's a large amount of money, as you can see, it's 21 42 thousand dollars, almost 43 thousand dollars for the 22 system itself, and about seven thousand dollars a year 23 for the permits and licenses. But this is going to be 24 paid for through the inmate commissary, and the part the 25 county makes that has to be -- Uh oh, we're in trouble, 99 1 gentlemen. 2 FORMER COMMISSIONER BALDWIN: I just came to 3 borrow some money. 4 SHERIFF HIERHOLZER: We don't have any for 5 former Commissioners. 6 But, this will be paid for out of the inmate 7 commissary fund, okay, that has to be spent back on 8 inmates. It is an allowable expenditure out of that, so 9 it is not coming out of any County budgeted funds or 10 anything else, but because it is a contract, even though 11 I have control over the inmate commissary fund, it still 12 needed to come to y'all for the approval of the 13 contract. 14 COMMISSIONER MOSER: It's a good system. 15 SHERIFF HIERHOLZER: It's an excellent 16 system. 17 COMMISSIONER LETZ: The County Attorney's 18 reviewed it? 19 SHERIFF HIERHOLZER: The County Attorney has 20 reviewed it. 21 MRS. HURT: Yes, County Attorney has. 22 COMMISSIONER LETZ: I make a motion to 23 approve the contract with Guardian RFID for a system of 24 web-based software as a service platform for inmate 25 management, monitoring, and tracking system. 100 1 COMMISSIONER REEVES: And authorize the 2 County Judge to sign same. 3 COMMISSIONER LETZ: And authorize the County 4 Judge to sign same. 5 COMMISSIONER REEVES: I'll second that. 6 JUDGE POLLARD: Been moved by Commissioner 7 Letz, seconded by Commissioner Reeves pursuant to item 8 1.15 on the agenda to approve an agreement with Guardian 9 RFID, a system of web-based software as a service 10 platform for inmate management, monitoring, and tracking 11 system. Is there any further comment or discussion? 12 COMMISSIONER BELEW: Yes. This being 13 web-based, what's our protection if the internet's down, 14 does it record it and save it and then -- 15 SHERIFF HIERHOLZER: Yes. 16 COMMISSIONER BELEW: -- update it 17 automatically itself? 18 SHERIFF HIERHOLZER: Yes. On the computer 19 in-house at that time. 20 COMMISSIONER BELEW: That's all I wanted to 21 know. 22 JUDGE POLLARD: No further comment or 23 question? 24 COMMISSIONER BELEW: No. 25 JUDGE POLLARD: Those in favor signify by 101 1 raising your right hand. It's four zero, unanimous. 2 One abstention, myself. 3 JUDGE POLLARD: 1.16 consider, discuss and 4 take appropriate action regarding the Texas Commission 5 on Jail Standards staffing analysis for Kerr County 6 Jail. 7 SHERIFF HIERHOLZER: I put this on there 8 just not to actually take any action today. 9 JUDGE POLLARD: Just information. 10 SHERIFF HIERHOLZER: Information and 11 preparing, letting us all know, because it is a major 12 difference in where we're headed and what we should 13 probably be preparing for in the future. Going through 14 some of the -- in the past, just to give you an idea, I 15 was looking at some of these recommendations that -- 16 letters that Guardian RFID, the previous one, had even 17 had in their deal on -- from different jails around the 18 state, around the country. And I noticed one of them 19 out of Arkansas said they were a 300 bed facility and 20 had a current staff of 80 that run that facility. 21 All right, so now we'll get back to this 22 real story. Back in 2002, I think Jonathan and Buster, 23 since he walked in, were probably the only ones on the 24 Commissioners' Court back then. But in 2002 they did a 25 deal called the Kerr County Sheriff's Office long range 102 1 planning committee. Each Commissioner selected a member 2 of the public, and that helped do a planning guide for 3 the Sheriff's Office, and where we'd be going, staffing 4 and everything else at that time, and then it was 5 accepted by this Court, and even brought through 6 Commissioners' Court and set a workshop on it and 7 everything else, okay. 8 In that long-range plan the number of 9 personnel at that time that was recommended for the Kerr 10 County Jail that we would need by the end of 2005 -- 11 now, this would have included clerks, so this staffing 12 analysis from the Jail Commission does not include 13 clerks, they're just -- but at that time that committee 14 recommended that the Sheriff's office have 73 employees 15 in the jail by 2005, okay. If you take out our 5 clerks 16 right now, I have 38 employees for the jail. So we 17 asked the Texas Commission on Jail Standards to do a 18 staffing analysis for us, and I think you have a copy of 19 it, or should, in your deal and their staffing analysis 20 right now for a jail of a capacity -- they put it at 21 326; it's actually 328. They didn't count our two 22 medical cells, but it's 66 jailers to our 38 is what we 23 have, and they're recommending we have 66. 24 COMMISSIONER BELEW: At what point, if any, 25 Rusty, do we stand to have legal issues over not having 103 1 proper number of staff? 2 SHERIFF HIERHOLZER: Well, they have a 3 minimum deal that you're supposed to have one floor 4 officer for every 48 inmates. That's the recommendation 5 from the State Commission on Jail Standards. The legal 6 issue is period, I think, if you're recommended to have 7 66 employees and you only have 38 -- 8 JUDGE POLLARD: Yeah. 9 SHERIFF HIERHOLZER: -- I think you've 10 already got a legal issue on any lawsuit that could be 11 filed, okay, potentially on adequate supervision. 12 JUDGE POLLARD: Yeah. 13 COMMISSIONER BELEW: But -- 14 SHERIFF HIERHOLZER: We've got excellent 15 attorneys and my staff has -- 16 JUDGE POLLARD: Technically you're not in 17 compliance with the Jail Commission. 18 SHERIFF HIERHOLZER: No, we won't be in 19 noncompliance as long as have the 1 to 48 ratio working 20 the floor, then we're in compliance. But the other 21 things that you do have is you burn your people out -- 22 COMMISSIONER BELEW: Right. 23 SHERIFF HIERHOLZER: -- because you're 24 working them way too much. If you look at our staff 25 right now -- at this time for my jail staff alone just 104 1 to let you know, and this is where we do hurt ourselves, 2 is I have in total vacation that the County's liable for 3 right now, vacation hours that our jail staff has not 4 taken, okay, is this right now is 3,966.39 hours. In 5 comp time that is built up and accumulated that they 6 have not taken is 1,649.75. And the thing is some of 7 that vacation -- or well, we have limits on what they 8 carry and then they lose it. So then we're trying to 9 give them time off so that they don't go over the amount 10 that they're allowed to carry over each year, and it 11 cuts us short in other places and really makes it 12 difficult to keep the facility running. Plus, the one 13 thing is if the jailer's at one salary and earns comp 14 time at that salary, okay, and he doesn't have to take 15 it, and it builds up and stays there for a number of 16 years because he stays under that limit, and then 17 retires ten years from now, he gets that comp time at 18 his salary ten years from now; not at the wage he earned 19 it, and it does become a big burden on the County. 20 COMMISSIONER BELEW: How many part-time 21 employees? 22 SHERIFF HIERHOLZER: I have zero part-time. 23 It's hard to schedule part-time employees in that 24 facility correctly. These jailers work -- our jail 25 staff work 12-hour shifts, okay, is what they work, and 105 1 it gets hard. 2 COMMISSIONER REEVES: Sheriff, the 3 recommended 66 just so I'm clear on it, is it if every 4 bed was full, every -- 5 SHERIFF HIERHOLZER: No. It's recommended 6 for a facility that size. Now, you know, yeah if you 7 had all beds full you still wouldn't need more than 8 that, so you know -- 9 COMMISSIONER REEVES: But what I'm saying 10 right now with the -- we've got vacant, I'm assuming, 11 cells or beds or however we'd like to refer to it. 12 SHERIFF HIERHOLZER: Yes. 13 COMMISSIONER REEVES: So the -- I guess what 14 I'm getting at, based on that size at 66 jailers, and 15 that's what's needed to work two 12-hour shifts, plus 16 you got one shift off -- or don't you say to put one on 17 the ground takes three, is that -- 18 SHERIFF HIERHOLZER: Five normally. 19 COMMISSIONER REEVES: Five, okay, whatever 20 the ratio is. 21 SHERIFF HIERHOLZER: And they have a ratio 22 in there if you look at the study, it even has one. But 23 you know -- and the thing is if we're going to -- such 24 as today we just received our contract back from Kendall 25 County wanting to house inmates here, okay, during the 106 1 construction of their facility. You know, when you 2 start doing that, I'm going to -- it's going to start 3 needing staff. 4 COMMISSIONER REEVES: You need to have the 5 staff, I understand. 6 SHERIFF HIERHOLZER: Unfortunately, you 7 know, inmate population is a whole lot different than it 8 was 30 years ago, or 20 years ago, or ten years ago. 9 You know, I mean it's -- 10 COMMISSIONER MOSER: In what regard it's 11 different? 12 SHERIFF HIERHOLZER: A lot more dangerous 13 dealing with inmates. You just don't have the respect 14 you used to have once they were caught; now they don't 15 care. 16 COMMISSIONER LETZ: Sheriff, what's the -- 17 there's always a balance between salaries and staffing. 18 SHERIFF HIERHOLZER: Yeah. Salary wise, I 19 think we're still pretty good, the County did a lot over 20 the years, okay. We are having issues on the deputy 21 side. I've got six openings right now for deputies, but 22 I think every agency in the State is -- in the country 23 right now is facing those issues, just because of what 24 law enforcement's gone through in the last few years, 25 you just don't have people getting into law enforcement 107 1 anymore. And I think that's going to -- salaries are 2 going to play a role in that eventually, but right now 3 with the jail staff, I think we're right in the 4 ballpark. We're not above, but we're not way below 5 either. And I think there's other fringe benefits that 6 this County gives, such as some with the longevity, if 7 we don't change a lot of that, you know, things like 8 that do help. The County's deal on health insurance 9 helps, benefits on us, and just a work environment 10 itself in Kerr County. So even if we are a little bit 11 low, you know, we make that up in other ways. 12 COMMISSIONER LETZ: I'd recommend that 13 during the budget you come up with a five year plan. 14 COMMISSIONER MOSER: Yeah, it's gotta be -- 15 SHERIFF HIERHOLZER: You want me to give you 16 the 2002 one and change the date? 17 COMMISSIONER MOSER: It's gotta be a part of 18 the budget. 19 SHERIFF HIERHOLZER: It needs to be part of 20 the budget, and that's why I brought it up. 21 COMMISSIONER BELEW: You mentioned the 22 environment. You got a brand new jail over there. 23 SHERIFF HIERHOLZER: Yeah, that helps the 24 environment. You know jail staff right now, I'm only 25 one short on the jail. 108 1 COMMISSIONER BELEW: And you need one per 2 48? 3 SHERIFF HIERHOLZER: That's on the floor. 4 They shouldn't have any other duties at all. 5 COMMISSIONER BELEW: Just walking and doing 6 what you were talking about. 7 SHERIFF HIERHOLZER: Just walking the 8 floors. You have other ones that help with inmate 9 movement, you have other ones that help with inmate 10 visitation, with booking, with releases, with cell 11 searches, with -- you know, the other documentations 12 stuff, it's just -- you know, the kitchen, we do our own 13 cooking, okay, and serving that, and just the laundry, 14 you know. We run an entire city out there is what 15 you're doing. 16 COMMISSIONER MOSER: And the garden. 17 SHERIFF HIERHOLZER: We don't have the 18 garden back yet. I don't know if I'll get it this 19 summer, but we'll get it there, I hope, because that is 20 a good project, I think, the way it was done. 21 COMMISSIONER LETZ: But I think you need to 22 put -- and I know you'll do it, and you probably would 23 have done it anyway, but put it in a five year plan so 24 we can start looking at it from a budget plan. 25 SHERIFF HIERHOLZER: Well, I would like -- 109 1 well, I have two liaisons from your Court, Commissioner 2 Reeves and Commissioner Belew, and I would like to be 3 able to kind of recruit them, I guess, to assist in 4 helping me do that. 5 COMMISSIONER MOSER: I'll make that motion. 6 SHERIFF HIERHOLZER: I think we have to put 7 that in -- 8 COMMISSIONER REEVES: Harley, sounds like 9 we're going to jail. 10 COMMISSIONER BELEW: You go. I'll write ya. 11 SHERIFF HIERHOLZER: But that's it. 12 COMMISSIONER REEVES: Thank you, Sheriff. 13 JUDGE POLLARD: Thank you, Sheriff. 14 COMMISSIONER REEVES: I'm sure Commissioner 15 Belew and I can get with you and find a time. 16 SHERIFF HIERHOLZER: I think we can. 17 Appreciate it. 18 JUDGE POLLARD: The only other item on the 19 agenda left, I think, other than the one we're going to 20 recess for tomorrow, is item 1.18 consider, discuss and 21 take appropriate action on issues related to economic 22 development. Item 1.18. 23 COMMISSIONER LETZ: I put this on the agenda 24 after I visited with the members from the City. And 25 this kind of goes with -- tags along with what -- on our 110 1 last couple agenda items related to this, economic 2 development and where it's going. I think Commissioner 3 Moser brought it up at our last meeting that Brian had 4 left -- or at this point as of now he's left, and was 5 leaving, and looking at different ways to do things. 6 And I understand that -- well, I know there's a draft 7 that I gave everyone a copy of of a plan, and I just 8 wanted the Court to see -- wanted to talk about it and 9 look at it, I think it impacts us. I personally would 10 like the direction from the standpoint of, you know, the 11 plan and more, I guess, a way to house things. I like 12 some of the new, I guess, arrangement of the Board. I 13 think there's a lot of things missing in the plan right 14 now that I see, and I know it's just in a draft version, 15 so, you know, I just wanted to get it on the court as a 16 discussion item. You know, as a Court, we don't have 17 action -- the ability other than designating a liaison 18 on that current board, which is Commissioner Moser, and 19 I think he needs to vote as we direct as to what happens 20 to KEDC, and I just put it on mainly for that reason; 21 it's not really looking for an action item. And I see 22 Walt here, and he's with the Chamber -- President of 23 Chamber of Commerce, which is -- at the moment I don't 24 think the Chamber or Board has looked at this agreement, 25 but you know, will be more involved, you know, which it 111 1 makes sense from an administrative support sense. 2 The thing that I didn't see in the 3 program -- in the report that I'd like to see considered 4 more is communication in -- you know, in writing so to 5 speak as between KEDC and the County and the City as to 6 exactly what programs we're willing to do, and when I 7 look through it I see some contradictions in it, in my 8 mind right now. I think that a lot of these things need 9 to be aired a little bit. You talk mostly about the 10 focus is to bring high paying jobs, I think everyone 11 would support, but if you look in the County, craft 12 agriculture is front and center, and that's not high 13 paying jobs. So there's things like that, you know, 14 that I think you need to be broader in certain areas. I 15 mean high paying jobs are great, but I think retail's 16 not a high paying job. But I think there's an area 17 where it needs to be real clear as to -- and this could 18 always be worked out later if this direction goes. 19 But as to how things work from the 20 standpoint if a project comes in, whatever it is, City, 21 County, you know, I think there needs to be a real clear 22 path as to how that project moves through the system, 23 and I think that the -- you know, the type of thing I'm 24 talking about, I guess, whatever precinct that project 25 is in, I think that commissioner needs to be called 112 1 first thing, and be on a -- you know, kind of a word I 2 hear the City use, a go-team type thing. I think that 3 go-team should be -- but those types of things, I think 4 we need to be real clear as we move forward in the 5 economic development, and that's just a general comment. 6 And I don't know how -- you know, I'm not sure where the 7 whole thing is in the process, because I'm not that 8 heavily involved in it, but maybe Commissioner Moser can 9 add comments. But you know how we -- how get the 10 interaction between the County and KEDC more than -- I 11 mean the County, the whole Commissioners' Court; not 12 just a representative on the Court -- I mean on the 13 KEDC, and you know discuss things, and I think it needs 14 to be a lot better. It would be a good opportunity to 15 tweak it. I think it has not worked real well in my 16 mind in the past and this is a way -- an opportunity for 17 us to get more involved. 18 COMMISSIONER MOSER: Let me comment. Number 19 one, it's inappropriate for this to be on the agenda 20 right now. It's -- 21 COMMISSIONER LETZ: No, it isn't. 22 COMMISSIONER MOSER: Let me say, I didn't 23 interrupt you. Let me say why it's inappropriate. 24 Because there was -- there was a meeting between KEDC 25 Board, and we had members of the Chamber there, and we 113 1 looked at it and said are there ways -- in light of we 2 knew Brian was leaving, Executive Director KEDC, are 3 there ways that with him leaving that we can combine the 4 efforts of KEDC and the Chamber of Commerce, and we 5 looked and we said what we would like to do, this is 6 KEDC Board, is to have Brian and Walt prepare a document 7 of what the business plan would be. 8 Now, the reason I say it's inappropriate the 9 KEDC Board has not even met on this, okay. And we 10 said -- at the meeting the other day said write draft 11 across here, we don't want this thing -- I mean it's 12 just a concept. The Board hadn't looked at it, I 13 haven't finished looking at it, neither has all the 14 members of the Board because I checked with them. They 15 haven't looked at it yet. 16 So what the plan is is to take this draft 17 business plan, draft draft draft business plan, look at 18 it, meet on it this next Thursday for a couple of 19 hours -- 20 MR. KOENIG: It's actually tomorrow at 2. 21 COMMISSIONER MOSER: Okay, tomorrow at 2. 22 See what we can do to improve it. Right now the County 23 as presented by Brian the other day said the County 24 realized 148 percent return on investment. Can you 25 improve? Probably so. I think there's ways to improve 114 1 economic development throughout, and so that's the 2 reason we asked two people to draft a document, which 3 has been done. It has not been reviewed, okay, it's not 4 been discussed, and there is a -- it needs modifications 5 to it, so that's why I say it's inappropriate for this 6 body to be talking about it. We can talk about it all 7 we want, we can get all kinds of input. But it's a plan 8 that, you know, I'm not going to put my name on this 9 plan. There's a lot of things I don't like in this 10 plan, and I know there's a lot of things that other 11 members of the Chamber of Commerce don't like about it, 12 members of the KEDC Board don't like it. It's just 13 something that two people came up with, so I don't think 14 it's -- I don't think it's appropriate to critique 15 something that's an idea. 16 COMMISSIONER LETZ: I'm not critiquing. 17 JUDGE POLLARD: It's alright to state if 18 it's the formative stage right now, and things he'd like 19 to see included in it, just like everybody else. 20 COMMISSIONER MOSER: Well, let's publish it 21 and let the entire community. It's not been -- 22 COMMISSIONER LETZ: It has been. It's been 23 in the paper. 24 COMMISSIONER MOSER: This has not been in 25 the paper. 115 1 COMMISSIONER LETZ: This whole concept has 2 been. 3 COMMISSIONER MOSER: No, it's not. 4 COMMISSIONER LETZ: Yes, it has. 5 COMMISSIONER MOSER: Well, for instance -- 6 for instance in there it says let the, you know, the 7 citizens be over -- I mean not the citizens -- it's 8 the -- it's been marked out there. Business community 9 be over this whole thing. That's not -- nobody agrees 10 with that that I don't think. The idea, Judge -- 11 COMMISSIONER LETZ: You don't want the 12 business community involved? 13 COMMISSIONER MOSER: I'm not saying that at 14 all. I'm saying that this is an idea two people have, 15 okay. It's not ready -- it's not the right state of 16 maturity to even be commented on. I mean there's 17 probably all kinds of things in here. If we want to 18 take -- 19 COMMISSIONER BELEW: Why do we have copies 20 of it? 21 COMMISSIONER MOSER: I don't know. 22 MR. KOENIG: Yeah, I don't know why either. 23 COMMISSIONER LETZ: I gave you copies, I was 24 showed copies by the City. 25 COMMISSIONER MOSER: Well, they shouldn't 116 1 have. 2 COMMISSIONER BELEW: Why shouldn't we 3 know -- 4 COMMISSIONER LETZ: Why can we not talk 5 about the process? 6 COMMISSIONER MOSER: It's not ready. 7 COMMISSIONER LETZ: Yes, it is. 8 COMMISSIONER MOSER: It's not. 9 COMMISSIONER LETZ: So you going to bring it 10 to us when it's done? 11 COMMISSIONER MOSER: Absolutely. 12 Absolutely, one hundred percent. 13 COMMISSIONER LETZ: All right. Okay, so 14 I'll vote no on it because you haven't kept us informed 15 like usual. 16 COMMISSIONER MOSER: Golly, Jonathan. 17 COMMISSIONER LETZ: No. It's true. 18 COMMISSIONER MOSER: Everybody has a chance 19 to work on things before you have the entire community 20 helping you do it. I mean you got to at least have some 21 degree of maturity in something, otherwise it's -- 22 MR. KOENIG: Well -- 23 COMMISSIONER MOSER: Just a second, Walt, 24 just a sec. 25 COMMISSIONER MOSER: What we agreed to the 117 1 other day is look, nobody -- when we had the board 2 meeting the other day and we said it was not marked 3 draft. This is not. I personally -- 4 COMMISSIONER LETZ: Did my cover sheet say 5 draft on it underlined in bold letters? 6 COMMISSIONER MOSER: Stand by will you just 7 a minute. I asked everybody would you please write 8 draft on what you just have, because it is not anything 9 but two people's ideas. I mean there's some wild things 10 in here I wouldn't even come close to agreeing, so we 11 said we'll write draft on there, okay. There was 12 something sent out by the administrator of KEDC said 13 everybody throw away their cover page and write draft 14 across it so nobody can misinterpret what it is. What 15 it is is you were talking about a lot of detail that 16 nobody's going to go along with. 17 JUDGE POLLARD: Walt, what have you got to 18 say? 19 MR. KOENIG: Yeah. I'm Walt Koenig. 20 President/CEO of Kerrville area Chamber of Commerce, 21 1700 Sidney Baker Street, Suite 100, Kerrville, Texas. 22 Just to hit on the few highlights here. What 23 Commissioner Moser says is absolutely correct. It was 24 about two weeks ago that we came together before Brian 25 left with a -- we wanted to put together a point of 118 1 departure plan to begin the discussion of how we could 2 look at reorganizing the economic development capacity 3 for the City and the County to include KEDC, okay? 4 Tomorrow we have a meeting at two p.m. as a Board to 5 discuss this point of departure plan, and we're looking 6 forward to getting that Board aligned around a baseline, 7 but as far as communication with all stakeholders, I can 8 tell you as a Board member, and I can tell you as 9 President of Chamber of Commerce, that's forefront for 10 us. We view it as fundamental, we view it as a huge 11 area of improvement. You have my personal commitment 12 that we're going to do much better in that regard, not 13 only for the County Commissioners, but all stakeholders 14 involved in economic development in the City and in the 15 County. 16 So I guess my request is, you know, we want 17 input, we want everybody to sign up enthusiastically 18 with the outcome because we need everybody to be pulling 19 together in the same way to make it happen. It's a very 20 competitive world out there and we gotta make sure that 21 we get the best of the best to come here and invest, and 22 grow with our economic development efforts, so I take it 23 upon myself, not as Chairman -- I'm sorry, not as 24 President of the Chamber, but as Treasurer of KEDC. 25 Mike Wittler and I are acting to try field the 119 1 opportunities and keep things going wile we're in the 2 process of looking for a suitable replacement. That 3 seems to be working pretty well. Chamber Board's gotta 4 be involved in this, you all need to be, City needs to 5 be, and we're going to look at doing this over the next 6 week in a way -- it's inclusive, and in a way that makes 7 sure everybody gets there say, and in a way that ensures 8 that when we come out of this process we're better than 9 we are now. 10 COMMISSIONER MOSER: And once we get that 11 then we would bring that back to Commissioners' Court, 12 once we get something that's better than this, okay, and 13 there's ways to improve it. 14 MR. KOENIG: You gotta put something on a 15 piece of paper to start talking about it. 16 COMMISSIONER MOSER: Bring it back to the 17 City, bring it back to the Commissioners' Court, and say 18 here's something that we think is an improvement, I 19 think there's some efficiencies to be gained. I think 20 especially with -- you know, we even looked at one idea 21 why don't we just do away with KEDC, and let it all be 22 under the Chamber of Commerce. That doesn't work after 23 a little bit of discussion, and after these guys looked 24 at it and said that can't work because. So that was an 25 idea, okay, to try to streamline it so that we can 120 1 better communicate and have a focus point and do it for 2 less money, so and we're going to get there. 3 MR. KOENIG: And I can tell you, and I 4 guarantee you that every board meeting we've had in the 5 last six months we've talked about the better need to 6 communicate with all stakeholders. 7 JUDGE POLLARD: Okay, let's put this issue 8 to bed now. 9 COMMISSIONER REEVES: Everybody else said 10 something. 11 JUDGE POLLARD: All right, go ahead. 12 COMMISSIONER BELEW: Well, I didn't, and I 13 have something to stay. 14 JUDGE POLLARD: All right. 15 COMMISSIONER REEVES: Y'all have touched on 16 some very hot topic issues for me. Lack of 17 communication. I've asked the previous and paid 18 employee, I don't know his exact title, who is 19 resigning, to check on some issues in West Kerr County, 20 it took months for him to get around to it. That's 21 where I made comments before that we need to move 22 faster, we're letting things get by. 23 MR. KOENIG: I agree. 24 COMMISSIONER REEVES: In looking at your 25 draft or whatever, I think it's got some very good 121 1 potential. Does it need fine tuning? Yeah, probably a 2 little more than fine tuning, but it's a great starting 3 point. But when you start hearing about that this is 4 going on, this is going on, and this Court doesn't know 5 anything about it, it's hard for us to answer. 6 COMMISSIONER MOSER: Well, it's not -- 7 COMMISSIONER BELEW: Well, let me say my 8 part, because it tags on to what Bob's got. I don't 9 think you can ever start too soon knowing at least 10 what's bubbling under the surface. There may be ideas 11 in this that you're dead set against intractably, and 12 they keep saying in the next draft and the next draft. 13 It's better for everybody to know from the beginning 14 this is a non starter. So I've gone through a lot of 15 different kind of contract negotiations through the 16 years, and something kept staying in there, and I kept 17 waiting for it to come out, never came out, wasted a lot 18 of time. And you get to the end, I told you I didn't 19 like that, I can't sign it, I can't be part of the 20 project. So I don't think it's ever too soon for 21 everybody to at least have eyeballs on it. 22 COMMISSIONER MOSER: Let me ask you a 23 question. 24 COMMISSIONER BELEW: Okay. 25 COMMISSIONER MOSER: Okay, here's the 122 1 question. We looked at that, the KEDC Board, 2 represented by the chamber also there. We said, you 3 know what, there's probably some things that we could do 4 to make this better. And that was the point of 5 discussion. Now then, to make it better how would we do 6 that, how would we even come up with a plan to integrate 7 these two things and to improve communication. Walt, 8 would you and Brian go off and do that? So they came 9 back, okay, and as soon as they came back -- the Board 10 hadn't even seen it, so here they come back. So what 11 you're suggesting is take this and say okay, you two 12 guys go do that, and let the entire community see what 13 you did. 14 COMMISSIONER BELEW: What's wrong with this 15 group seeing it? 16 COMMISSIONER MOSER: Let me finish. Let me 17 finish, okay. No, let's don't do that, let's let the 18 entire community do it. I mean why limit it. They came 19 up -- two individuals came up with an idea, okay, which 20 nobody had seen. So the right time, what you're saying 21 is be open, put it all out there so everybody can see 22 it. 23 COMMISSIONER BELEW: No. No. 24 COMMISSIONER MOSER: That's what you just 25 said. 123 1 COMMISSIONER BELEW: That's not what I said. 2 I said it's never too soon to start taking a look at it. 3 COMMISSIONER MOSER: By whom? 4 COMMISSIONER BELEW: Right here and -- 5 COMMISSIONER MOSER: No. Let's -- 6 COMMISSIONER BELEW: That's not what I'm 7 saying. 8 COMMISSIONER MOSER: Well, who are you 9 suggesting do it? 10 COMMISSIONER BELEW: Right here. And what 11 you're talking about it there were no particulars 12 reviewed in this. There was nothing said that's going 13 to end up in the paper or something. 14 COMMISSIONER MOSER: I'm not talking about 15 keeping it quiet in the paper. Let's -- 16 COMMISSIONER BELEW: What are you concerned 17 with if we can't look at it here, Tom? 18 COMMISSIONER MOSER: It's not -- it's -- 19 good gosh. 20 COMMISSIONER BELEW: And decide that okay 21 this thing -- it's just like you're going to build a 22 house, and you go no matter what happens, I want that 23 tree out of there, and they don't ever take the tree 24 down. You gotta know from the very beginning what 25 somebody wants and -- 124 1 COMMISSIONER MOSER: No. 2 COMMISSIONER BELEW: That's all I'm saying. 3 COMMISSIONER MOSER: Who is somebody? Who 4 is somebody? Somebody is the entire public. The entire 5 public oughta know about this. 6 COMMISSIONER BELEW: That's not what I'm 7 talking about. 8 COMMISSIONER MOSER: You said somebody. 9 JUDGE POLLARD: Okay, come on, guys. We've 10 had several people say what they -- I don't think this 11 is an action item right now. 12 COMMISSIONER MOSER: It's not an action 13 item. 14 JUDGE POLLARD: Let's get this over with. 15 COMMISSIONER MOSER: But I think -- I mean, 16 Tom, my point is and the point I put it on here is this 17 Court, all 5 of us have got to be -- and talk about this 18 whole economic development -- 19 COMMISSIONER MOSER: Absolutely. 20 COMMISSIONER LETZ: But we're not. You're 21 keeping it to yourself. 22 COMMISSIONER MOSER: I'm not either. 23 COMMISSIONER LETZ: I got a copy of -- I'm 24 the liaison to economic development and I was informed 25 of it by the City. You're not keeping me advised, 125 1 you're not keeping the Court advised. You have got -- 2 COMMISSIONER MOSER: I'm the liaison for 3 water, too okay, and I don't hear a lot about that. 4 COMMISSIONER LETZ: Yeah, you do. It's 5 posted on the bulletin board. You can come to our 6 meetings if you want. 7 JUDGE POLLARD: All right, I -- 8 COMMISSIONER BELEW: My comment was about -- 9 JUDGE POLLARD: I think -- 10 COMMISSIONER MOSER: I'm going to make one 11 other point, okay? When you say everybody or somebody, 12 okay, we've got 5 in Commissioners' Court here, we've 13 got 5 in the City Council. How many on KPUB Board? You 14 got KPUB Board. How many on the Chamber of Commerce? 15 MR. KOENIG: 15 on the Chamber Board. 16 COMMISSIONER MOSER: So now you got a 17 hundred people, at least a hundred people that have 18 something to do with this. On a document that may not 19 be -- maybe 100 percent incorrect, okay? 20 COMMISSIONER BELEW: Right. 21 COMMISSIONER MOSER: But usually you have a 22 smaller group to get things done. 23 COMMISSIONER BELEW: All right. Why do we 24 have an Engineering Department here and a Road 25 Department, and so on, each one is going to have a 126 1 recommendation or an objection for something that's 2 going to happen. 3 COMMISSIONER MOSER: Usually when you 4 have -- when you draft something you usually have a 5 smaller group at least do something. 6 COMMISSIONER BELEW: But everybody -- every 7 one of those stakeholders you were talking about, which 8 Walt addressed a moment ago -- 9 COMMISSIONER MOSER: Okay, we'll have a 10 committee of a hundred. We'll have a -- 11 COMMISSIONER BELEW: That's not what I'm 12 talking about there. 13 JUDGE POLLARD: All right, all right. 14 COMMISSIONER LETZ: We're done. 15 JUDGE POLLARD: All right. This has gone 16 far enough. 17 COMMISSIONER BELEW: Yes, Sir. 18 JUDGE POLLARD: All right. Everybody's 19 stated their opinion. This is not an action item, and 20 I'm going to declare this one over, okay? 21 COMMISSIONER MOSER: Good. 22 JUDGE POLLARD: Is there any further 23 business for us today here? 24 COMMISSIONER LETZ: Yes. 25 JUDGE POLLARD: We're going to recess until 127 1 8 o'clock in the morning -- 2 COMMISSIONER MOSER: Pay the bills. 3 COMMISSIONER LETZ: Pay the bills. 4 COMMISSIONER MOSER: I mean no, not pay the 5 bills. We can't do that because of the Attorney 6 General. 7 JUDGE POLLARD: Right. All right, 4.1 pay 8 the bills. 9 MRS. DOSS: No bills, Sir. 10 JUDGE POLLARD: No bills, okay. 11 4.2 budget amendments? 12 MRS. DOSS: No budget amendments. 13 JUDGE POLLARD: All right, none. 14 4.3 late bills? 15 MRS. DOSS: No late bills. 16 JUDGE POLLARD: 4.4 approve and accept 17 monthly reports. Mr. Reeves. 18 COMMISSIONER REEVES: Yes, Sir. All monthly 19 reports will be for the month ending January 2018, with 20 the District Clerk's report, J.P. Precinct Number 1, 21 County Indigent Services, Constable Precinct 3, 22 Constable Precinct 4, Kerr County Animal Services, Kerr 23 County Treasurer's report. 24 Move to accept the reports as presented and 25 sign as needed. 128 1 COMMISSIONER BELEW: Second. 2 COMMISSIONER LETZ: Second -- third. 3 JUDGE POLLARD: Moved by Commissioner 4 Reeves, seconded by Commissioner Belew to accept the 5 monthly reports as read into the record by Commissioner 6 Reeves and to execute and approve as needed. Is there 7 any further comment or discussion? If not, those in 8 favor of the motion signify by raising your right hands. 9 It's four zero, unanimous. One abstention, myself. 10 All right, Auditor's reports 4.5? 11 MRS. DOSS: None, Sir. 12 JUDGE POLLARD: 4.6 court orders. Are there 13 any? 14 COMMISSIONER LETZ: Yes, there are four that 15 I would recommend we modify slightly. Item 36580 16 related to Kelly Hoffer put items on GovDeals last time. 17 It currently reads approve the following list that was 18 read into the record by Kelly Hoffer, and allow these 19 items to be sold on GovDeals. I think we're required to 20 declare them surplus, so I recommend we change it to 21 approve the following list that was read into the record 22 by Kelly Hoffer, declare items surplus and allow these 23 items to be sold on GovDeals. 24 COMMISSIONER MOSER: Right. 25 JUDGE POLLARD: I think that's appropriate. 129 1 COMMISSIONER MOSER: Do we need a motion to 2 change it? 3 COMMISSIONER REEVES: Probably. 4 COMMISSIONER LETZ: Well, we can do them all 5 at once. The other one was on a private road in my 6 precinct was Dorado Road N. It currently reads approve 7 the private road named Dorado Road N. in Precinct 3. 8 This one has been back and forth before us for about 9 three years off and on, and to clarify this a little bit 10 I think it would help to say, approve the private road 11 named Dorado Road N. off Private Road 1354 N. Precinct 12 3. 1354 is a road that -- original road that was called 13 Dorado Road. So that was that one. Appropriate. 14 And the other one was related to the 15 driveway issue at Road and Bridge. Currently reads 16 approve a Kerr County policy that states Kerr County 17 Road and Bridge Department no longer installs and 18 maintains private driveways. My recommendation was that 19 there's no policy; we just did a directive at this 20 point, it was to approve Kerr County Road and Bridge 21 Department to no longer install private driveways. And 22 then the policy will be coming back at a future date. 23 Then the last one is relating to the 24 sealcoat program and the material, we had the little 25 bags of rocks. Currently reads approve white crushed 130 1 rock based on the best price for 2017-18 fiscal year 2 sealcoat program. I think we need to have a little more 3 information on this one. To approve white limestone 4 crushed rock grades 3, 4, 5 as provided by Wheatcraft 5 Materials and Allen Keller, based on the best price for 6 2017-18 fiscal year sealcoat program. So I make a 7 motion that we add that or -- 8 COMMISSIONER MOSER: Make those changes. 9 COMMISSIONER LETZ: Make these changes to 10 the Court Order as provided. 11 COMMISSIONER REEVES: Could you read the 12 dates of those court orders? 13 COMMISSIONER LETZ: That last one was court 14 order 36577 from the February 12th, and the one related 15 to driveways was court order 36598 on February 20th, and 16 the one on Dorado Road is 36581 from February 12th, and 17 the one related to surplus items was 36580 from February 18 12th. 19 COMMISSIONER REEVES: I'll second that 20 motion. 21 JUDGE POLLARD: Wow. Yeah. 22 COMMISSIONER BELEW: You're a lawyer you 23 oughta be used to all that. 24 JUDGE POLLARD: Well, as a lawyer I don't 25 think it's the correct way to do it with one motion like 131 1 that. I think you need to take each one of them with a 2 separate motion. 3 COMMISSIONER BELEW: I wish I hadn't said 4 that. 5 JUDGE POLLARD: Name the order and the date 6 of the order and then -- 7 COMMISSIONER LETZ: Okay, I make a motion 8 that we modify -- or add language in Court order 36580, 9 was item 1.7 of our meeting on February 12th. 10 COMMISSIONER MOSER: As stated. 11 COMMISSIONER LETZ: As stated. 12 COMMISSIONER MOSER: Second. 13 JUDGE POLLARD: All right, it's been moved 14 and seconded, moved by Commissioner Letz, seconded by 15 Commissioner Moser as stated. All right, any further 16 comment or discussion? If not, those in favor of the 17 motion signify by raising your right hands. It's four 18 zero, unanimous. One abstention, myself. 19 COMMISSIONER LETZ: Next, make a motion that 20 we modify Court Order 36577, which is agenda item 1.2 on 21 February 12th to read approve white limestone crushed 22 rock grades 3, 4, and 5 as provided by Wheatcraft 23 Materials and Allen Keller based on the best price for 24 the 2017-18 fiscal year sealcoat program. 25 COMMISSIONER REEVES: Second. 132 1 JUDGE POLLARD: Been moved by Commissioner 2 Letz, seconded by Commissioner Reeves as stated to 3 modify that court order as stated. Those in favor of 4 the motion signify by raising your right hand. Four 5 zero, unanimous. One abstention, myself. Next. 6 COMMISSIONER LETZ: I make a motion that we 7 modify court order 36581, which is item 1.8 on our 8 February 12th meeting to read: Approve the private road 9 name Dorado Road N. off Private Road 1354 N. in Precinct 10 3. 11 JUDGE POLLARD: Is there a second for that 12 one? 13 COMMISSIONER MOSER: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Letz, seconded by Commissioner Moser to amend that order 16 as stated. Is there any further comment or discussion? 17 If not, those in favor of the motion signify by raising 18 their right hands. Four zero, unanimous. One 19 abstention, myself. Next. 20 COMMISSIONER LETZ: Last one is I make a 21 motion that we modify court order 36598, agenda item 1.3 22 on February 20th to read always follows: Approve Kerr 23 County Road and Bridge Department no longer install 24 driveways -- excuse me, install or maintain private 25 driveways. 133 1 JUDGE POLLARD: Is there a second? 2 COMMISSIONER BELEW: Second. 3 JUDGE POLLARD: Moved by Commissioner Letz, 4 seconded by Commissioner Belew as stated to amend the 5 Court Order as stated. Is there any further discussion 6 or comment? There being none, those in favor signify by 7 raising their right hands. It's four zero, unanimous. 8 One abstention, myself. 9 Okay, let's move on to 5.1 reports from -- I 10 assume there are no other Court Orders? 11 COMMISSIONER LETZ: That's it, four. 12 JUDGE POLLARD: All right, 5.1 is reports 13 from committee or liaison committee assignments as per 14 attachment. Any comments there? 15 COMMISSIONER LETZ: A quick comment on the 16 liaison -- liaison to the airport. They're beginning 17 the process for additional T-hangars, and will be coming 18 up down the road. It will be a 90/10 project, and it 19 looks like 660,000 is the amount that TxDOT Aviation has 20 allocated for that. So it looks like that's in the 21 horizon, which is a good thing for the economy of the 22 airport, and a 90/10 grant is pretty economical for us. 23 COMMISSIONER MOSER: And on the airport, I 24 think they have 32 applicants for the airport manager, 25 so they're in the process of narrowing that down. I 134 1 think they've got it down to just a handful, so they 2 will come forward when they get that done. 3 JUDGE POLLARD: All right, any other 4 reports? 5 All right, 5.2 reports from elected 6 officials/department head? Any? None. 7 5.3 reports from boards, commissions and 8 committees. That's City, County joint projects or 9 operations reports, or other reports. Any? 10 There being none, all right, we're going to 11 recess and not adjourn. We're going to recess until 8 12 o'clock in the morning where we'll go back to item 1.17 13 for the conclusion of that tomorrow morning. 14 (Recess until 02-27-18 at 8 a.m.) 15 JUDGE POLLARD: All right, we're resuming 16 again. It's now March the 27th -- I'm sorry, February 17 the 27th, and it's 8 a.m. -- about 8:01 a.m., and we're 18 back in session again. We recessed yesterday on 19 March -- February the 26th, and on item 1.17. We were 20 waiting for an opinion by the County Attorney, and I 21 hope we have one here today. And we're going to 22 reconsider item 1.17 and decide whether or not we can 23 move forward with it. Is that everybody's 24 understanding? 25 COMMISSIONER MOSER: Yes. 135 1 JUDGE POLLARD: Okay, we're in session 2 again. 3 MRS. HURT: Thank you, Your Honor. Now, the 4 Court is saying that -- or Judge Pollard, excuse me, was 5 saying that he believes that because the courthouse was 6 closed on that one day the deadline could have been 7 extended per the statute to the following business day. 8 JUDGE POLLARD: Uh-huh. 9 MRS. HURT: To my knowledge that is 10 correct. I don't recall any points of authority that 11 says otherwise. I do know that there are those 12 exceptions in the Texas Civil Rules; I don't recall that 13 specific statute in the Local Government Code or in the 14 Government Code, but I don't believe that that would be 15 an imprudent course of action given that yesterday that 16 I heard notice -- no discussion before this Court that 17 said -- well, the discussion that I do recall that was 18 put before the Court was that Mr. Lewis was the person 19 who was on the original notice who was point of contact 20 if there were any issues. I believe that's correct -- 21 COMMISSIONER LETZ: Yes. 22 MRS. HURT: -- correct statement. The 23 notice specifically said originally that the bids were 24 going to be opened yesterday at the Commissioners' Court 25 meeting. That's also correct. So anybody who had prior 136 1 notice or who had issues submitting their bids would 2 have or should have had notice to be present yesterday. 3 I think that's also correct. And if I recall correctly 4 there was nobody present that day indicating that they 5 had any issues submitting their bill -- bid, excuse me, 6 or that they weren't able to due to the closure of the 7 courthouse or anything like that. I believe that that's 8 also a correct statement. 9 COMMISSIONER LETZ: Correct. 10 MRS. HURT: So based on that, I don't 11 necessarily see any immediate risk in moving forward 12 with opening the sealed bids, because we have 13 information to suggest that we haven't complied with the 14 statute. Now, if the Court feels that that's not the 15 prudent course of action, there is a provision in the 16 Local Government Code -- whoo! I get winded. I 17 apologize. 18 COMMISSIONER MOSER: Both of you are getting 19 winded. 20 MRS. HURT: It's a good thing for me. 21 Nobody wants an attorney talking forever. 22 Essentially, there is a provision in the 23 Local Government Code that says if the Commissioners' 24 Court feels that it would be in the county's best 25 interest to extend the opening of the bid time the Court 137 1 can do so. 2 Now, the question becomes what notice has to 3 be given as far as republishing or anything like that. 4 I couldn't find any points of authority that says we 5 have to start all over again. The only time that -- 6 the only thing that I saw was an AG's opinion that 7 specifically stated when we receive no bids then the 8 Court does have to republish -- or re-advertise and 9 republish notice, and start that process again. 10 So I believe yesterday Commissioner Letz had 11 suggested we treat this as an addendum. Publish one 12 notice and extend that way. I don't see that that would 13 also be an improper course of action. So the Court 14 essentially, as lawyers like to do, not give you a 15 specific answer, but point out the risks and benefits to 16 each decision, and I'll let the Court make its own 17 decision. 18 COMMISSIONER MOSER: So your advice on the 19 risk is that you think -- I'm interpreting now -- 20 MRS. HURT: Sure. 21 COMMISSIONER MOSER: -- you're inferring 22 there's low risk in proceeding in opening the bids. 23 MRS. HURT: I haven't been presented or seen 24 any information that suggestions that there's any risk 25 in proceeding, especially with what. 138 1 COMMISSIONER MOSER: Was that a yes? 2 MRS. HURT: There is low risk from what I 3 can tell, yes. There is low risk. We don't have any 4 immediate information before the Court that says that 5 that's an immediate issue. Because otherwise, from what 6 I can gather from the information that's been presented, 7 we've complied with the statutory requirements as far as 8 competitive bidding. 9 COMMISSIONER LETZ: Judge, why don't you 10 just get on the record one more time what you said 11 before court about the Federal holidays. 12 JUDGE POLLARD: All right, it pretty 13 consistent throughout the Rules of Procedure and Statute 14 that if there is a recognized Federal holiday for some 15 kind of a -- and it happens to be some kind of deadline, 16 it's extended by one day to the next business day. And 17 it's my understanding from talking to Mr. Lewis, the 18 architect, and the point of contract which has been 19 previously referred to, that he says, and he confirmed 20 here today that he did in fact deliver the bids that 21 next business day to the courthouse and to the clerk's 22 office, is that correct? 23 MR. LEWIS: It is. 24 JUDGE POLLARD: Is that right, Mr. Lewis? 25 MR. LEWIS: Yes, Sir. 139 1 MRS. GRINSTEAD: Well -- 2 JUDGE POLLARD: I think our problem's 3 solved. 4 MRS. GRINSTEAD: Just to be clear Nicole 5 from his office delivered them to me, I took them 6 straight to the clerk's office sealed the way they came 7 in. 8 JUDGE POLLARD: So that's the chain of 9 custody right there. I think we got it. 10 COMMISSIONER REEVES: And just for the 11 record, Mr. Lewis, you only received 5 bids? 12 MR. LEWIS: Yes. 13 COMMISSIONER REEVES: No more, no less? 14 MR. LEWIS: No more. 15 COMMISSIONER MOSER: In light of that -- in 16 light of the counsel's recommendation -- or 17 observations, recommendations, and in light of what the 18 Judge just said, I move that we open the bids. 19 JUDGE POLLARD: Let's do it. 20 COMMISSIONER REEVES: I don't think we have 21 to make a motion to open them, but I think we're all in 22 concurrence that we may open them. Is that y'alls 23 agreement? 24 COMMISSIONER LETZ: Yes. 25 JUDGE POLLARD: Let's do it. 140 1 COMMISSIONER MOSER: Need a knife? 2 COMMISSIONER LETZ: We have three -- or two. 3 Your's will be a third. 4 COMMISSIONER REEVES: As I said there are 5 5 bids. 6 COMMISSIONER LETZ: All right, you want to 7 read them, you want me to read them? 8 JUDGE POLLARD: Yeah, go ahead. 9 COMMISSIONER LETZ: First bid is from JK 10 Bernard Construction. Looks like the total sum base bid 11 is $178,752.00, and then there's two deductive 12 alternates. I'm not going read it into the record. 13 The next bid is from Zuber Construction. The 14 base bid is $171,000.00, and then there's some deductive 15 alternates. 16 Kendall Kasper is the next bid. Their bid 17 is $132,848.00 with two deductive alternates. 18 Next bid is from JM Lowe. Their base bid is 19 $204,967.00, and with two deductive alternates. 20 And final bid is from Russell Tisdale 21 Construction, LLC. Their base bid is $175,900.00, and 22 they also have the two deductive alternates. 23 I make a motion we accept all bids and refer 24 to Mr. Lewis for review, and make a recommendation back 25 to the Court. 141 1 MR. LEWIS: Sounds good. 2 JUDGE POLLARD: At our next regular session. 3 MR. LEWIS: Uh-huh. 4 COMMISSIONER LETZ: Yes. . 5 COMMISSIONER REEVES: In two weeks or when? 6 MR. LEWIS: At your pleasure. 7 COMMISSIONER LETZ: We can either do it -- 8 we can't get it on this one so obviously. We can do it 9 next Thursday. 10 COMMISSIONER REEVES: Thursday, the 8th. 11 JUDGE POLLARD: We have the bills pay at 9 12 o'clock next Thursday -- 13 COMMISSIONER LETZ: Yeah. 14 JUDGE POLLARD: -- and we can add it to that 15 agenda? 16 COMMISSIONER LETZ: Yeah. 17 MR. LEWIS: Yeah, I'm available. 18 COMMISSIONER REEVES: I'll second that. 19 JUDGE POLLARD: You second that motion? 20 COMMISSIONER REEVES: Yes, Sir. 21 JUDGE POLLARD: All right, it's been moved 22 by Commissioner Letz, seconded by Commissioner Reeves 23 that all of the bids be accepted and referred to Mr. 24 Lewis for study, and he's to come back to the 25 Commissioners' Court on next Thursday. What's that 142 1 date? 2 COMMISSIONER REEVES: March the 8th. 3 JUDGE POLLARD: Hu? 4 COMMISSIONER LETZ: March 8th. 5 JUDGE POLLARD: March 8th in order to report 6 what his recommendations are. All right, is there any 7 further comment or discussion? There being none, those 8 in favor of the motion signify by raising your right 9 hands. Let's make it a unanimous four. Yeah, and Mr. 10 Lewis raised his, too, so it's unanimous. Four zero, it 11 passes. Okay. 12 COMMISSIONER MOSER: Very good. 13 JUDGE POLLARD: All right, let the record 14 reflect we're absent one commissioner today, Mr. Belew, 15 and who could not be here. 16 COMMISSIONER MOSER: Are we adjourned? 17 JUDGE POLLARD: We are adjourned. Thank 18 you. 19 * * * * * * 20 21 22 23 24 25 143 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 the County Court of Kerr County, 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 7th day of March, A.D. 2018. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 12/31/2018 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25