1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, March 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. 6 4 1.1 Public Hearing for the revision of plat 8 for Lot 166 of Spicer Ranch No. 3, Volume 5 3, Page 85. 6 1.2 Consider, discuss and take appropriate 21 action for the Court to approve the revision 7 of plat for Lot 166 of Spicer Ranch No. 3, Volume 3, Page 85. 8 1.3 Consider, discuss and take appropriate 38 9 action to accept the lease agreement with Xerox for a new Xerox C8070H copier/scanner 10 and authorize the County Judge to sign same. The current copier/scanner is at the end of 11 the five year lease and is ready to be replaced. The County Attorney has reviewed 12 the agreement and approved it. 13 1.4 Consider, discuss and take appropriate 39 action to declare the attached items as 14 surplus and allow maintenance to remove and destroy or recycle as they see fit. 15 1.5 Consider, discuss and take appropriate 41 16 action to adopt a Resolution to delegate change order approval authority for the 17 East Kerr County/Center Point Wastewater Collection Project. 18 1.6 consider, discuss and take appropriate 47 19 action to authorize the County Judge to execute a contract for engineering services 20 with Tetra Tech Engineering for the Texas Community Development Block Grant, Contract 21 Number 7217045. 22 1.8 Consider, discuss and take appropriate 48 action concerning buried cable in Westwood 23 Subdivision area of Comfort. 24 1.9 Consider, discuss and take appropriate 63 action to adopt wastewater connection 25 policies for the East Kerr County/Center Point Wastewater Project. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.13 Consider, discuss and take appropriate 75 action regarding Crime Victims' Rights 4 Week and permission to use River Star Arts Park and Pavilion on April 12th, 2018. 5 1.16 Consider, discuss and take appropriate 76 6 action to approve contract with Kendnel Kasper for the build-out of the 216th 7 District Attorney's office at the Sheriff's Annex. 8 1.19 Consider, discuss and take appropriate 78 9 action on approval of a Resolution by the Commissioners' Court of Kerr County, Texas 10 authorizing the County Judge to execute a Certificate of Approval concerning the 11 issuance of revenue bonds designated as "City of Marion, Texas Higher Education 12 Facilities Corporation Higher Education Revenue Bonds, (Schreiner University 13 Project), Series 2018" by City of Marion, Texas Higher Education Facilities 14 Corporation in satisfaction of the requirements contained in Section 147(f) 15 of the Internal Revenue Code of 1986, as amended. 16 1.21 Consider, discuss and take appropriate 82 17 action regarding the 2018 Memorial Day Event. 18 1.24 Consider, discuss and take appropriate 84 19 action to approve the Annual Financial Report which includes the Independent 20 Auditor's Report and audited financial statements for the period ending 21 September 30, 2017. 22 1.7 Consider, discuss and take appropriate 101 action to approve proclamation to declare 23 May 3, 2018 National Day of Prayer, and allow use of the courthouse grounds from 24 12:00 p.m. to 1:00 p.m. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.10 Consider, discuss and take appropriate 103 action to approve an increase of the 4 passport acceptance fee, also known as the execution fee, from $25.00 $35.00 5 beginning Monday, April 2nd, 2018 per the U.S. Department of State Passport 6 Office of Management and Budget. 7 1.11 Consider, discuss and take appropriate 106 action on request to authorize County 8 Judge to prepare letter approving the sale of alcohol at the Monster Truck Show 9 being held on April 13th and 14th at the Hill Country Youth and Event Center. 10 Letter to be sent to the Texas Alcoholic Beverage Commission(TABC). 11 1.12 Consider, discuss and take appropriate 108 12 action to approve Kerr County Property Renewal Questionnaire with Texas 13 Association of Counties Risk Management Pool which will renew July 1, 2018 and 14 have the County Judge sign same. 15 1.14 Consider, discuss and take appropriate 110 action to approve a donation of $2,700.00 16 to our Donation Equipment Fund 72 to be used to purchase taser cartridges for 17 recertification of officers. 18 1.15 Consider, discuss and take appropriate 111 action to approve Change Order Number 07 19 for Kerr County Jail Expansion as submitted, and authorize the County 20 Judge to sign same. 21 1.17 Consider, discuss and take appropriate 114 action on request to place signs on the 22 courthouse lawn for the mental health awareness month in May 2018. 23 24 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.18 Consider, discuss and take appropriate 118 action to determine whether to allow the 4 retail fireworks permit holders to sell fireworks to the public in celebration 5 of San Jacinto Day pursuant to Texas Occupations Code, Section 2154.202(h). 6 1.20 Consider, discuss and take appropriate 123 7 action for a Resolution regarding an alternate thoroughfare between Highway 27 8 and Highway 16, and east of Riverhill Blvd. 9 1.22 Consider, discuss and take appropriate 129 action to solicit Request for Qualifications 10 (RFQ) for professional services for Kerr County properties as needed. 11 1.23 Consider, discuss and take appropriate 133 12 action on liaison responsibilities and evaluations of department heads. 13 1.25 Consider, discuss and take appropriate 139 14 action to approve purchase of playground equipment for the Center Point Lions Park 15 and Flat Rock Park. 16 1.27 Consider, discuss and take appropriate 144 action to reassign 2004 GMC Safari Van, 17 formerly an asset of Juvenile Detention, to the Maintenance Department. 18 4.4 Approve and accept Monthly Reports. 146 19 4.6 Court Orders. 147 20 5.2 Reports from Elected Officials/Department 148 21 Heads. 22 *** Adjournment. 156 23 *** Reporter's Certificate. 157 24 * * * * * * 25 6 1 JUDGE POLLARD: All right, it is Monday, 2 March the 26th, 2018. It's now about 9 a.m. and the 3 Kerr County Commissioners' Court is in session. We'll 4 begin today with Commissioner Letz leading us in the 5 prayer and the Pledge. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE POLLARD: All right. The next part of 8 the agenda is for the public to come forward and talk on 9 something that is not on the agenda today. So if 10 there's somebody here that wishes to come talk on 11 something that is not on the agenda, I ask that you step 12 forward to the podium, state your name and address, and 13 try to limit your comments to three minutes. Is there 14 anyone wishing to do that? 15 Mr. Cowan, you're on 1.1 and 1.2, that's 16 when you'll get -- not now, okay. 17 Is there anyone wishing to speak now on 18 something that is not on the agenda? 19 All right, there being none we go to the 20 next part of it, which is comments from Commissioners 21 and County Judge to recognize achievements, etc. Start 22 with Precinct 1. 23 COMMISSIONER BELEW: No achievements. I've 24 got -- we still have a burn ban, remind everybody of 25 that. Got more June bugs than I've ever seen in my life 7 1 all of a sudden, it's probably a good sign. 2 And since the Judge has been picking on me 3 about my shirt, my choice of apparel today, I'm going to 4 declare it Paisley Day in Precinct 1 for the next hour. 5 JUDGE POLLARD: If you to want declare it, 6 declare it as Ameba Day. That's what they look like to 7 me. 8 COMMISSIONER BELEW: That's all I have. 9 JUDGE POLLARD: Thank you. Precinct 2. 10 COMMISSIONER MOSER: The only thing there is 11 we have a ban on paisley in Precinct 2, and that's all I 12 have. 13 JUDGE POLLARD: Well, let's see, maybe I'll 14 do this unanimously. How about a ban on paisley in the 15 whole county. All right, that's all I have. Mr. Letz. 16 COMMISSIONER LETZ: I won't go that far. 17 The only comment I have is that Saturday was the opening 18 day for Little League for all those that have youngsters 19 playing little league in the area, or at least in the 20 Kerrville Little League area, and it was held out at the 21 city's new Kerrville sports complex, I believe they call 22 it. Anyway, it was a -- it went very well. The 23 facility is working out very well. We have developed a 24 very good relationship with D-BAT, who we don't deal 25 with the City a whole lot directly, but D-BAT operates 8 1 the facility, and they've been very accommodating with 2 Little League in working with us, and is very much 3 appreciated. And we still use both facilities about 4 equally, we've had a lot of growth. I think this year 5 we have probably right at 620 kids participating, which 6 is, I believe, the biggest we've ever had, and the 7 highest number ever, and we're about the same as Boerne, 8 which is really remarkable, so off to a good season. 9 Hopefully not too many problems will come up along the 10 way. When you get kids and parents in competition all 11 together, sometimes it goes awry a little bit, but we 12 try to keep a handle on it. But anyway that's it. 13 COMMISSIONER REEVES: I have nothing today, 14 Judge. 15 JUDGE POLLARD: I do want to say kind of 16 supplement what Commissioner Letz said about in the 17 prayer we need some more rain. I'm telling you my yard 18 is really dry right now. Kind of reminds me -- it's not 19 as bad as it was back in the seven-year drought, but I 20 remember at that time there was an old guy that worked 21 out at the YO Ranch named Bob Snow he said it was so dry 22 then that he was going to have to spray the fish for 23 tics, but anyway -- 24 All right, we go to the next item on the 25 agenda is item 1.1 public hearing for the revision of a 9 1 plat for Lot 166 of Spicer Ranch No. 3, Volume 3, page 2 85. I'm declaring the public hearing open, is there 3 anyone wishing to speak on it? It's now your -- as a 4 matter of fact it's up, you're up, Mr. Callan. 5 MR. CALLAN: Thank you, Your Honor. My name 6 is Byron Callan, and I represent Vanderbilt Mortgage, 7 the owner of the property. We're here today to approve 8 a re plat that we've done for our two acre parcel that 9 we own, and we'd just like to see it get it taken care 10 of. I guess we were here at a meeting, I guess the 11 prior month, and there was some objections that had come 12 up, and we're here to, you know, represent and provide 13 any information that you may need. 14 JUDGE POLLARD: Okay. All right, and your 15 comments apply to both 1.1 and 1.2? 16 MR. CALLAN: Yes. 17 JUDGE POLLARD: Okay. All right, well we 18 thank you, Sir. 19 MR. CALLAN: Sure. 20 JUDGE POLLARD: Is there anyone else wishing 21 to speak on item 1.1? Yes, Sir. 22 MR. COPISAROW: I don't have the agenda, I'm 23 sorry, but I'd like to -- 24 JUDGE POLLARD: On this item? 25 MR. COPISAROW: On this item yes, Sir. 10 1 JUDGE POLLARD: All right, step up there and 2 state your name and address, and limit your comments to 3 three minutes. 4 MR. COPISAROW: I've got more than three 5 minutes worth of material I'm afraid. 6 JUDGE POLLARD: All right, then go. 7 MR. COPISAROW: I'll try. We met last time 8 I was here, my name is Richard Copisarow. I am the 9 owner with my wife of the 7-acre portion of the 9 acres 10 that's being discussed. I'm not quite sure why we're 11 here today for another public hearing. The last time we 12 were here it was decided that this Court would be tabled 13 for 180 days to allow for the parties to have their 14 differences resolved. 180 days was mentioned four times 15 in the minutes of that last meeting we had, and tabled 16 was mentioned four times in the minutes of the last 17 meeting we had, and so I was expecting to spend as 18 little time as possible, but technically up 180 days to 19 try to resolve this with the bank. I have tried to 20 reach out to Byron, but I was told that he would call me 21 back and I haven't heard back, so I think he intended to 22 pursue this course of action and have the re plat 23 formalized. I was then asked after that meeting to meet 24 with Charlie Hastings. He called me and said he'd like 25 to meet with me, he'd like to meet with Commissioner 11 1 Belew, and he'd like to meet with County Attorney 2 Heather Stebbins on February the 16th. I agreed to that 3 meeting, and I showed up at that meeting, but nobody 4 else did. I was never informed that there was a 5 cancellation. I caught Heather by surprise because she 6 had been informed that it had been cancelled. I took a 7 day off from work in San Antonio to be here, and I spoke 8 with Heather for a few minutes, and she explained there 9 had been a concern that I had not received sufficient 10 notice for that last meeting that I attended. You, Your 11 Honor, had said that you kind of felt that my notice had 12 been waived because I was present as the minutes show. 13 I concurred and said I'm here, I don't need any notice. 14 In addition to that I also signed an affidavit that 15 Heather created saying that I waive any right to have 16 notice for that meeting. But subsequently I was told 17 that there had been a new request for a public meeting, 18 a public hearing, Heather requested the -- Charlie 19 Hastings and at the request of the Applicant. 20 So I was informed there would be another 21 public hearing in Heather's e-mail to me. I've not seen 22 any publication of this meeting at all in the Kerrville 23 paper. I believe it's only published in Ingram. I live 24 in Kerrville, and I never did receive any certified 25 notice, which was the whole issue last time. I don't 12 1 know how important it is that I receive certified notice 2 but the whole reason for another meeting here is so that 3 I would receive certified notice, and I still didn't 4 receive certified notice, which was the whole objection. 5 I hope that's not reason for the third public hearing 6 because I still haven't received the notice that the 7 County Attorney seemed concerned about to comply with 8 state rules. 9 As I said last time -- feel free to 10 interrupt me if anything is needed. 11 MRS. STEBBINS: They were just looking at 12 me, and I don't send the notice. 13 JUDGE POLLARD: Actually, this is a public 14 hearing now, and we're not -- it's not for us to discuss 15 at this time up here. 16 MR. COPISAROW: Okay, I understand. I 17 didn't receive certified notice. 18 JUDGE POLLARD: Go ahead. 19 MR. COPISAROW: The Court is not required to 20 approve anything at all. This problem respectfully was 21 caused by the bank who either should have secured their 22 loan on this 2 acres with all 9 acres, or they should 23 have had the 2 acres and the 7 acres legally subdivided 24 when they made their loan. 25 This is a private civil matter between the 13 1 two property owners just like two partners with a 2 predicament in a partnership, and they need to resolve 3 this themselves. This is what I had shared with you 4 last time and there's some more relevant information 5 too. Perhaps by one party simply selling to another as 6 I have offered, or even as the bank's attorney has 7 agreed. This would resolve everything if we could have 8 just one property owner for the 9 acres, because it 9 wouldn't be relevant to the Court at that point. 10 I don't mean to be disrespectful, but Byron 11 may have excellent skills at selling mobile homes, but 12 responding to my phone calls in an attempt to try and 13 resolve this because the attorney is happy to speak with 14 me, but the attorney is hired by Byron, and I should be 15 working with Byron or his supervisor. He told me that 16 he was done working with the County, he had plenty of 17 lawyers, the bank is owned by Warren Buffett, Berkshire 18 Hathaway. 19 If the Court approves a 2-acre plat they'll 20 be recreating 7 illegal acres, unplatted acres without 21 any way right for my wife and I to even have a septic 22 tank on the 7 acres, as Charlie Hastings has said, and 23 would be left with more of a mess. In fact Charley 24 Hastings has stated that one of the reasons to avoid 25 delay in this case, besides needing to clear his desk, 14 1 was that the bank needed to get septic permits for that 2 property. Well, this didn't happen according to Tish 3 Hulett, environmental health, they never got septic 4 permits, instead what was done without any permit, and 5 disgusting and unsafe sewer waterer was just dumped on 6 my property. I have pictures of that, too, if you would 7 like pictures. And I did advise Tish about that. 8 Any creation of an unplatted lot initiated 9 by the Court would automatically cause a civil suit 10 among the two property owners, and the estate of the 11 original owner to mitigate the resolving harm in court. 12 So the Court should really not try to take sides. In 13 fact, I have been informed that I should file a notice 14 of claim in county property records against the previous 15 owner and his successor in interest, the bank, before on 16 the basis that I purchased the property with an 17 understanding that it had a clear title and no 18 encumbrances. I know I've been harmed by not only the 19 amount of my purchase price, but I should claim punitive 20 damages for intentional reasons. 21 In addition I've been advised that if the 2 22 acres get platted it needs to have a surveyed easement 23 for my access to the 7 acres included on the platted 24 piece; otherwise, platting without this easement at the 25 Court's insistence, at Charlie Hastings request, and 15 1 state law and over my clear objections will operate as 2 an inverse condemnation by the County substantially 3 diminishing the value of my 7 acres, and entitling me to 4 recovery of damages from the County to the extent of my 5 property value is diminished. Not my words. I was 6 advised of that. 7 Kerr County Subdivision Rules and 8 Regulations state that the court shall adopt an order to 9 permit revision of the subdivision plat if it is shown 10 to the Court that the revision will not interfere with 11 the established rights of any owner of a part of the 12 subdivided land. Well, I contend that it will interfere 13 with my rights, substantially, and the number of reasons 14 outlined in the agenda that I have presented at our last 15 public hearing. 16 And now I have a letter from our general 17 contractor as well explaining some of the additional 18 costs involved if we are interfered with. I have a copy 19 of that if you like, a list of expenses that will be 20 incurred if this property line goes in and we have to 21 move things accordingly. 22 Or if I got the easement, and I just asked 23 Byron if it was his belief if we have a valid easement, 24 and he said it is not his belief, so we have a dispute 25 on this easement. I have an affidavit from a witness 16 1 who was present at the time of the discussions for 2 transfer of title who was living with the deceased, and 3 he'll explain what he believes was the agreement on the 4 easement, which was never recorded. 5 Please understand that we're not saying that 6 the Court doesn't have the right to replat, nor that the 7 new driveways, septics are not possible, but rather the 8 Court should absolutely shoot not replat this since it 9 would interfere and cause financial harm to us. I'm 10 concerned by conflict of interest, and this is with 11 additional due respect for Lee, that the Surveyor in 12 this case is working on behalf of the County and is also 13 being paid by the applicant in this case, and I'll leave 14 the lawyers to decide whether that's a conflict or not. 15 Today Byron informed me that he does not 16 believe that we have an easement. I have an affidavit 17 as I discussed to clarify that, because I believe a 18 couple of Commissioners had asked about the easement, 19 the timing of the agreement, and I also have pictures to 20 show where the easement is on the property, some aerial 21 pictures as well if you like. I brought seven copies so 22 I'm happy just to pass them around, if you like. 23 Finally, and most importantly if the Court 24 unnecessarily and even unintentionally exacerbates the 25 problem by intervening in this civil matter by creating 17 1 a new illegal unplatted lot of our 7 acres, still more 2 grief, more paperwork, more expense will be incurred, 3 and incidentally another few thousand dollars for us to 4 have to replat the 7 acres that we already own, even 5 though Lee did offer us a special, a family special, 6 since he's taking care of the other part of the 9 acres. 7 I had mentioned last time that constituents 8 are probably always you to do something, and you got one 9 constituent here who is not asking you to do anything. 10 I really would like to work this out with the bank, I 11 really would truly like to work it out with the bank, 12 and if I can't work it out with the bank which seems 13 more of a concern today, because my latest understanding 14 that there's a dispute on that easement that I think 15 civil action is probably the only solution with the 16 bank, and hopefully no involvement with the County if 17 the County will let us run through the process and then 18 make a decision at that point once a decision's been 19 made. 20 COMMISSIONER BELEW: Well, I have a question 21 for you. 22 COMMISSIONER LETZ: You can't. 23 MRS. STEBBINS: On 1.2 you'll have an 24 opportunity. 25 MR. COPISAROW: Would you like any 18 1 documents? 2 JUDGE POLLARD: No, we can't, okay. Thank 3 you for what you said. 4 MR. COPISAROW: No documents of any kind? 5 JUDGE POLLARD: All right. Is there anyone 6 else wishing to speak on this matter? 7 MR. LEE VOELKEL: Good morning, 8 Commissioners, I'm Lee Voelkel. I just wanted to speak 9 to kind of clear up something Richard may have thought 10 was me working for the County and for my client. I'm 11 not sure what he meant by that. I am the County 12 surveyor, I do wear two has on this project. I was 13 working nothing for the County, it was all for a private 14 person I was working for. A couple of things that Mr. 15 Copisarow also said and I didn't write it down so I 16 don't have a whole list, but I think he's making it 17 sound like if y'all approve this plat that y'all are 18 creating an improper lot, and my contention that's 19 already been done when the property was sold it was 20 divided without a plat. That is what created the 21 illegal subdivision. Vanderbilt Mortgage came on board 22 to try to sell their property and we're advised by the 23 County to do a plat, or a revision of plat and that's 24 what we have done exactly the way the County has asked 25 us to do that. So I don't think approving this plat 19 1 starts that situation, I think it's already done, and it 2 was my understanding that Mr. Copisarow has already 3 gotten a letter from the county stating that he is in 4 violation of the subdivision rules. I'm not sure what 5 he's talking about about the septic. If you will notice 6 the plat that we have for approval was approved by the 7 OSSF Department, it is signed by them that our plat is 8 okay, so I don't know what he's referring to as to the 9 septic is malfunctioning. 10 And the only other thing I would say about 11 the easement. Again I looked at all the recorded 12 documents, and we have no recorded easement that Mr. 13 Copisarow is referring to. I think it would be well to 14 note to y'all that when the properties were sold the 15 original 2 acres was sold to Vanderbilt on a 16 foreclosure, so the owner did not own that property when 17 he sold to Mr. Copisarow I think it was two months 18 later, whatever he might have told them, or whatever he 19 might have guaranteed on the other 2 acres, at that time 20 he did not even own the 2 acres. So it was not his 21 decision to encumber property he did not even own. I 22 think Mr. Copisarow probably knew that. He should have 23 known that if he bought the property. 24 I'll answer any questions, but those are the 25 only comments that I have that we have gone through the 20 1 county process for platting, basically like the county 2 has asked us to do. 3 JUDGE POLLARD: Thank you, Mr. Voelkel. 4 Mr. Callan, you want to say something else? 5 MR. CALLAN: Yes, Your Honor. I wanted to 6 clarify the timeline that we have regarding the 7 situation regarding the 2 acres. Vanderbilt foreclosed 8 on the property, that we had taken into collateral back 9 in 2008, I believe. We foreclosed on November 1st of 10 2016. Mr. Copisarow did not purchase the property, the 11 7 acres from Mr. Slusher until February 16th of 2017, so 12 it was three and a half months later. At the time that 13 he purchased this per deed records Mr. Slusher had no 14 authority whatsoever to grant, to promise, to discuss 15 anything about the property he no longer owned, so I'm 16 not real sure of where Mr. Copisarow, you know, what 17 agreements or what -- I've never seen any documentation. 18 We looked through county records, we had our attorney 19 look through county records, we don't see anything that 20 was put on their. We have done, you know, everything in 21 our process to be in compliance. As well as all of the 22 septic situation, I've never personally seen any issues 23 with the septic. We have had it cleaned out, pumped, 24 you know, just to make sure that there's no issues, but 25 regarding the claims that I heard I don't know anything 21 1 about. 2 But you know, we are -- you know, we'd like 3 to put this matter behind us, and so that we can, you 4 know, get to our property, and get it on the market and 5 get it sold. And we appreciate your consideration. 6 JUDGE POLLARD: Thank you. Is anyone else 7 wishing to speak on this issue? If not, I'm closing the 8 public hearing. Let's go on to item 1.2 -- 9 MR. COPISAROW: Excuse me, may I respond to 10 any of those statements? 11 JUDGE POLLARD: Pardon. 12 MR. COPISAROW: May I respond to any of 13 those statements? 14 COMMISSIONER LETZ: I think you can do it on 15 the next item. 16 JUDGE POLLARD: You can do it on this next 17 item. I'm calling 1.2 consider, discuss and take 18 appropriate action for the Court to approve a revision 19 of plat for Lot 166 of Spicer Ranch Number 3, Volume 3, 20 page 85 of the real property records of Kerr County, 21 which is situated in Precinct 1. I declare the public 22 hearing open -- no, this is not a public hearing, this 23 is for discussion, okay. Go ahead, Charlie. 24 MR. HASTINGS: Thank you. Lot 166-A will be 25 2 acres out of the existing Lot 166. It's currently 22 1 9.09 acres on the plat. The remainder of lot 166, the 2 7.09 acres, must be platted before it can be developed. 3 We're looking at the 2-acre lot, one lot. The 4 owners-developers Vanderbilt Mortgage, this is Spicer 5 Ranch No. 3, Lot 166-A. We've had a lot of discussion 6 on this in the past, we've already had a public hearing 7 in the past, we've had our second public hearing this 8 morning. 9 The County Engineer requests the Court 10 approve the revision of plat for lot 166-A of Spicer 11 Ranch No. 3, volume 3, page 85, Precinct 1. 12 JUDGE POLLARD: All right, thank you. Is 13 there a motion? 14 COMMISSIONER REEVES: I've got some 15 questions, if I could. Mr. Voelkel, you stated in the 16 public hearing that, just to verify, there is -- to the 17 best of your knowledge there is no reported easement 18 across what we're going to be referring to as Lot 166-A 19 granting access to the adjoining property? 20 MR. LEE VOELKEL: That's correct. 21 COMMISSIONER REEVES: Your research could 22 not find -- 23 MR. LEE VOELKEL: I have found nothing of 24 record, Commissioner, correct. 25 COMMISSIONER REEVES: And if you had you 23 1 would have showed it on that plat? 2 MR. LEE VOELKEL: It would have been on the 3 plat, that would be correct. 4 COMMISSIONER REEVES: Thank ya. 5 JUDGE POLLARD: Anybody else have any other 6 questions? 7 COMMISSIONER BELEW: I do. Mr. Copisarow, 8 about the timeline. If in fact the difference in three 9 months had lapsed, and the property had already changed 10 hands then whether it was verbal or written the man you 11 bought the property from would have had no right to 12 promise you anything one way or the other? 13 MR. COPISAROW: If I may, I really would 14 like to submit a few documents, I think it would be 15 helpful, and I think it would be fair. 16 JUDGE POLLARD: Go ahead. 17 MR. COPISAROW: The first document I'm going 18 to submit is an affidavit regarding the easement, this 19 was -- Can I just hand these out here? This is an 20 affidavit from the gentleman that lived with Mr. Slusher 21 at the property who introduced me to Mr. Slusher and who 22 asked me to help Mr. Slusher out by buying the property. 23 During that meeting the easement was discussed in great 24 detail, and then an understanding was created as to what 25 rights would come with the 7 acres. This discussion 24 1 took place prior to the bank foreclosure, and I believe 2 stands to this day. 3 COMMISSIONER BELEW: Is this gentleman here 4 now? 5 MR. COPISAROW: He is not here, no, Sir. 6 COMMISSIONER LETZ: Question for the County 7 Attorney. With real estate transaction which I guess 8 that easement would be, is it -- I mean from our 9 standpoint is it valid if it's not recorded? 10 MRS. STEBBINS: No, Sir. 11 COMMISSIONER LETZ: No? 12 MRS. STEBBINS: No. 13 COMMISSIONER LETZ: So if it's not record 14 the fact that there's an affidavit says it's there 15 doesn't really mean anything? 16 MRS. STEBBINS: I haven't reviewed the 17 affidavit, the first couple of sentences, but if it's 18 not recorded -- 19 JUDGE POLLARD: First of all it's not an 20 affidavit. There's no notarization on it, its just an 21 unsworn statement. Okay, go ahead. 22 MRS. STEBBINS: No. 23 COMMISSIONER BELEW: So this document has no 24 legal standing? It's not a sworn testimony? 25 JUDGE POLLARD: It's not recordable, let's 25 1 put it that way. It could be introduced as evidence, 2 but it's not -- it's not material to us here at this 3 time. The issue's involved in this case are all 4 relating to the sale and the mortgage of it back then. 5 All of that happened -- that's where all of the mistakes 6 were made in this thing, okay? And we're not here to 7 rectify all of those mistakes. We're here to try to 8 approve whatever the party can agree to, and if you 9 can't agree to it then I don't think we can do anything. 10 COMMISSIONER LETZ: We have to do something. 11 It's an illegal subdivision, it was divided, so we have 12 to -- we have to fix it. I mean, you know, as best we 13 can if I'm not mistaken. 14 JUDGE POLLARD: We can only fix it by 15 agreement of the parties, because they're all disagreed 16 about it. 17 COMMISSIONER LETZ: No. We can pass a court 18 order and we divide them. I mean it's already divided, 19 there's two lots. I mean there's two owners and two 20 lots. I don't see how there's any other -- 21 JUDGE POLLARD: We're going to have to 22 defer, County Attorney's going to have to brief the 23 matter. 24 COMMISSIONER MOSER: That's a good idea. 25 MRS. STEBBINS: Well, the rules, state law 26 1 and our subdivision rules permit you to do what the 2 requester has asked of you here, and that you just held 3 the public hearing on. The other option is that you 4 could defer it and give them some time to work it out, 5 which. 6 JUDGE POLLARD: We've already done that. We 7 already did that and they haven't worked it out. 8 MR. COPISAROW: Well, I haven't had a chance 9 because this meeting came up. 10 COMMISSIONER BELEW: Well, 180 days or ten 11 days or whatever, when you have two parties that are 12 intractable you're not going to get any place, there's 13 no point in trying to pursue it that long. 14 MR. COPISAROW: Oh, I beg to differ. I 15 think what will happen here is we'll either agree, you 16 may be absolutely right, there's an impasse, or we're 17 going to have to have litigation, because the value of 18 the 7 acres to me is -- 19 JUDGE POLLARD: Without access. 20 MR. COPISAROW: -- without access, 21 absolutely. 22 JUDGE POLLARD: And we're not at fault for 23 this. 24 MR. COPISAROW: I beg to differ. I've been 25 in real estate for many years, and you can have 27 1 unrecorded documents just like you can have a verbal 2 agreement. It may be difficult to prove or substantiate 3 that they exist, but the whole purpose of recording is 4 to try to minimize this issue. It doesn't negate that, 5 that's my understanding. 6 COMMISSIONER LETZ: But from our standpoint 7 the issue is, yes there may be legal action, but it's a 8 civil matter. For us, the lot was divided illegally, it 9 has two different owners, you know, I don't -- I mean 10 it's -- to me it's an administerial function of the 11 Court, I mean it's been done, I don't see how we cannot 12 approve it. 13 MR. COPISAROW: If I may -- 14 JUDGE POLLARD: If it was done illegally 15 then we are approving an illegal -- 16 COMMISSIONER LETZ: It wasn't done 17 illegally. 18 JUDGE POLLARD: Hu? 19 COMMISSIONER LETZ: It wasn't done illegally 20 about it. 21 MRS. STEBBINS: There was nothing illegal. 22 COMMISSIONER LETZ: It was done by the 23 mortgage company when they took the mortgage, and that's 24 legal. 25 MR. COPISAROW: The subdivision rules say if 28 1 this does not interfere, I have one more document -- 2 COMMISSIONER LETZ: It's already been done. 3 We don't do it before if it's going to impact -- but the 4 division took place. 5 MR. COPISAROW: May I show you how it 6 interferes. 7 COMMISSIONER LETZ: I know it interferes; 8 I'm not saying it doesn't interfere, I'm saying -- 9 MR. COPISAROW: I would like to submit -- 10 COMMISSIONER LETZ: -- it's already been 11 done. 12 MR. COPISAROW: I understand your point. 13 This is how -- I understand your point totally. I think 14 so -- I think what will happen here we'll either agree, 15 or we'll have to litigate this with the bank. 16 COMMISSIONER BELEW: Now the County 17 Surveyor's opinion is we already have an illegal 18 subdivision. 19 COMMISSIONER LETZ: It's not the County 20 Surveyor; it's the County Attorney. 21 COMMISSIONER BELEW: I understand, but he 22 said, too, and he looked at this paperwork, and he said 23 in his opinion the County Attorney is the final say on 24 it. You have two there with the County that say this is 25 already an illegal subdivision. 29 1 MRS. STEBBINS: It is already an illegal 2 subdivision. 3 COMMISSIONER LETZ: It's a lot that's been 4 divided into two lots by ownership. I mean -- 5 COMMISSIONER MOSER: Let me ask a question 6 of Jonathan. If they work it out, okay, what does -- 7 how does that bear on the subdivision as the -- 8 COMMISSIONER LETZ: If we approve it -- 9 COMMISSIONER MOSER: Say we take no action 10 and they work something out then what's -- what's -- 11 COMMISSIONER LETZ: Well then the precedent 12 we're setting that illegal subdivisions are okay. 13 COMMISSIONER MOSER: Well, we don't want to 14 do that. 15 COMMISSIONER LETZ: I mean that's what the 16 precedent says. 17 JUDGE POLLARD: That's why I don't think we 18 can approve it. 19 COMMISSIONER LETZ: But it is an illegal 20 subdivision already. I don't see that we can't approve 21 it. Now if we approve it it doesn't mean they still 22 can't go work their issues. 23 JUDGE POLLARD: If we approve it that 24 doesn't give him his access. 25 COMMISSIONER LETZ: We have nothing to do 30 1 with the access. 2 COMMISSIONER BELEW: We can't approve an 3 illegal subdivision. 4 COMMISSIONER LETZ: It is approved. I mean 5 it's already done, we have to approve it. I mean either 6 that or -- 7 COMMISSIONER BELEW: Then it's not illegal 8 anymore if you approve it? 9 MRS. STEBBINS: I think this is the remedy. 10 I think what's trying to happen here is to remedy the 11 illegal subdivision. But what Mr. Copisarow is trying 12 to get across is that the approval to remedy -- the 13 approval by the Court would remedy the illegal 14 subdivision, but would leave him without access to his 15 property. And then what he's also saying he thought he 16 had an easement, and there's not one recorded, or other 17 evidence of that reduced to writing. 18 COMMISSIONER MOSER: But that has nothing to 19 do with the Court. 20 MRS. STEBBINS: That has nothing to do with 21 the Court. 22 COMMISSIONER MOSER: Right, the easement has 23 nothing to do with the Court. 24 MRS. STEBBINS: Right. 25 COMMISSIONER MOSER: So just keeping it 31 1 separate, okay? 2 MRS. STEBBINS: Right. 3 COMMISSIONER REEVES: If I may, Sir -- 4 JUDGE POLLARD: You do have the right to 5 waive things, and in our subdivision rules, and I guess 6 you could call this if we approve it a waiver of it, but 7 I think it's an admission that we're encouraging people 8 to make illegal partitions of their property, and we 9 don't need to be doing that. We want our subdivision 10 rules to apply. 11 COMMISSIONER LETZ: Well, if we don't, we 12 don't have any rules. I mean we either enforce our 13 rules or we don't have rules. 14 MR. COPISAROW: I still think the least 15 expensive way to resolve this, and I hope the bank will 16 respect that, is one party will buy out the other one, 17 which will leave us with 9 acres. I still think the 18 determination by the Court that will be the least 19 expensive approach for us. 20 COMMISSIONER MOSER: Can we just defer this 21 and -- 22 COMMISSIONER BELEW: We've already done this 23 once. 24 COMMISSIONER REEVES: May I ask a question? 25 Do you have frontage on that road? 32 1 MR. COPISAROW: We have a little frontage 2 on -- 3 COMMISSIONER REEVES: How much is a little? 4 MR. COPISAROW: I'm not -- 5 COMMISSIONER REEVES: How much, feet wise? 6 MR. COPISAROW: Plenty of access on the 7 frontage. The problem is we have to go through a huge 8 ravine. 9 COMMISSIONER REEVES: That's not my 10 question. Mr. Hastings, Mr. Voelkel, one of y'all 11 answer the question. Does he have at least the minimum 12 amount of frontage remaining on what he owns to meet our 13 subdivision regulations? 14 MR. HASTINGS: Yes. 15 MR. LEE VOELKEL: He has -- his 7 acres has 16 access. I was kind of concerned about saying it doesn't 17 have access -- 18 COMMISSIONER REEVES: Sir, I've not enough. 19 MR. COPISAROW: I don't have access -- 20 MR. VOELKEL: Wait. It does have access 21 for -- 22 MR. COPISAROW: I don't -- 23 COMMISSIONER REEVES: Let Mr. Voelkel finish 24 his answer. 25 THE REPORTER: Excuse me, one at a time, 33 1 please. 2 JUDGE POLLARD: Hold on, let's keep this 3 organized. The Reporter can't take several people 4 speaking at once. 5 COMMISSIONER MOSER: Charlie, wait a minute. 6 MR. HASTINGS: I'll stand over here. 7 MR. LEE VOELKEL: I had heard a couple 8 statements about not having access. Mr. Copisarow owns 9 7 acres has a large frontage along a public 10 right-of-way, so he has access, a lot of access to his 7 11 acre tract. I think what he's referring to is there is 12 a ravine on his drive for him to get from the front to 13 the back he would have to go through that ravine. He 14 wants to go around on Vanderbilt Mortgage property to 15 access the back of his property, and I think that is the 16 easement that he's referring to. I don't think that was 17 real clear, I thought we ought to clear that up. 18 JUDGE POLLARD: That's different. 19 COMMISSIONER REEVES: I've heard enough. I 20 move to approve the revision of plat as presented by the 21 County Engineer. 22 JUDGE POLLARD: That changes things, it sure 23 does. 24 MR. COPISAROW: May I submit these, please 25 Sir? 34 1 JUDGE POLLARD: Is there a second to the 2 motion? 3 COMMISSIONER LETZ: I'll second. 4 MR. COPISAROW: These -- 5 JUDGE POLLARD: All right, it's been moved 6 by -- hu? 7 MR. COPISAROW: May I -- 8 JUDGE POLLARD: Have a seat. Would you go 9 have a seat. 10 MR. COPISAROW: Thank you. 11 COMMISSIONER LETZ: Now, what -- well, go 12 ahead and announce it. 13 JUDGE POLLARD: No. I want you to sit down. 14 Go sit down in your chair, all right? All right, we got 15 a motion up here, and this is what we need to do up 16 here, all right. 17 COMMISSIONER LETZ: I have a second, but I 18 have a question. 19 JUDGE POLLARD: It's been moved by 20 Commissioner Precinct 4, seconded by Commissioner 21 Precinct 3 to approve the plat as submitted in the item 22 1.2 of the agenda. And this thing about I can just tell 23 you comment-wise, this thing about having public access 24 on a public road in front of his tract changes 25 everything. 35 1 MR. COPISAROW: Sir, please allow me to 2 respond to that. 3 JUDGE POLLARD: So I do recommend that we 4 approve it. Does anybody else have any comments? 5 COMMISSIONER LETZ: I have a comment. Our 6 action has nothing to do with them trying to work out a 7 situation with the bank. They can still work it out, 8 and then they can have as many people do 2 lots in a 9 subdivision side by side and he can come back at a 10 future date and do a revision of plat and put it all 11 back together, but right now it's divided, and this 12 corrects that problem that was done illegally. Not by 13 any parties in the room to my understanding. 14 COMMISSIONER BELEW: Well, the rest of it is 15 not to be sorted out here anyway. 16 COMMISSIONER LETZ: Right. It's a civil 17 matter. 18 COMMISSIONER BELEW: It's a civil matter. 19 MR. COPISAROW: May I please say one more 20 statement that -- 21 JUDGE POLLARD: I still don't like -- 22 MR. COPISAROW: I need to respond to -- 23 JUDGE POLLARD: -- coming along and if 24 somebody makes a mistake and does something wrong, and 25 they come in and ask us to make our subdivision, waive 36 1 them, and approve an illegal division. I think that's a 2 dangerous precedent, I really do. But under the 3 circumstances I recommend we go ahead and approve this 4 item 1.2 because it does have access to a public read, 5 substantial access to -- 6 MR. COPISAROW: I do the not have access to 7 the building sight. 8 JUDGE POLLARD: I think it's a bad 9 precedent. All right, any further comments? 10 COMMISSIONER MOSER: Well, let's let him say 11 one more thing. 12 MR. COPISAROW: Please allow me, Sir. 13 Please allow me. I don't have access to the building 14 site on the property. That's what I mean. I have 15 access to the front, but then I have to build a 30 16 foot -- 17 JUDGE POLLARD: Before you bid on it and 18 bought it you should have looked at it and figured that 19 out. 20 MR. COPISAROW: I did look at it, and I was 21 given permission to use that road. The access is on the 22 front; not to the building site. I have huge costs. I 23 will just write this off if I cannot use that road to 24 access the building site on the property. I would have 25 to build through a very very steep ravine, which would 37 1 cost tens and -- twenty, thirty, forty thousand dollars. 2 I have a map to show you where the building site is on 3 the property, and it's not access from Mai Road; it's 4 getting to the building site. 5 COMMISSIONER MOSER: I believe we understand 6 that, but let me ask a question. So if we approve this 7 you guys can still work it out amongst yourself? 8 MR. COPISAROW: No, no. Because then what 9 will happen is they'll be a recorded plat without any 10 easement on it. 11 COMMISSIONER MOSER: It can be revised. 12 MR. COPISAROW: Only -- but by whom? 13 COMMISSIONER LETZ: If there's a -- 14 MR. COPISAROW: I'd have to sue -- 15 COMMISSIONER LETZ: If the Court determines 16 there's an easement that easement will be there. It has 17 nothing to about our plat. 18 MR. COPISAROW: No. I would have to make a 19 claim against the County because -- 20 COMMISSIONER LETZ: No. 21 MR. COPISAROW: -- they have not allowed me 22 to use this easement now because belongs to another 23 property owner on a newly platted piece of land. 24 COMMISSIONER LETZ: It's a private issue. 25 It's not a County -- it's a private issue regardless. 38 1 It doesn't impact the County. 2 MR. COPISAROW: This came from your previous 3 acting County Attorney. 4 COMMISSIONER REEVES: Very well, it came 5 from somebody else. I call for a vote. 6 JUDGE POLLARD: All right. Those in favor 7 of the motion signify by raising your right hands. No. 8 All right, it's four to one, it passes. All right, 9 thank you. 10 The next item on the agenda -- let's see we 11 gotta go to timed items here first. 1.3 is a timed 12 item. Consider, discuss and take appropriate action to 13 accept the lease agreement with Xerox for a new Xerox 14 C8070H copier/scanner and authorize the County Judge to 15 sign same. The current copier/scanner is at the end of 16 the five year lease and is ready to be replaced. The 17 County Attorney has reviewed the agreement and approved 18 it. Mrs. Bolin. 19 MS. DIANE BOLIN: We timed this perfect 20 because we were just talking about needing a new copier, 21 because we had it maintenanced three times in the last 22 month, so we really need a new one. And it's the 23 standard contract -- 24 MRS. STEBBINS: I reviewed it. 25 MS. DIANE BOLIN: -- like we do every time. 39 1 COMMISSIONER MOSER: It's in the budget? 2 MS. DIANE BOLIN: Yes. 3 COMMISSIONER MOSER: Move for approval. 4 COMMISSIONER BELEW: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Precinct 4(sic) and seconded by Commissioner Precinct 7 3(sic) to approve -- 8 COMMISSIONER MOSER: Moved by 2, seconded by 9 1. 10 JUDGE POLLARD: All right, to approve the 11 item 1.3, and that is to approve the agreement with 12 Xerox for a new Xerox copier/scanner, and authorize the 13 County Judge to sign same. Is there any further 14 discussion? There being none those in favor of the 15 motion signify by raising your right hands. It's four 16 zero, unanimous. One abstention, myself. 17 Item 1.4 consider, discuss and take 18 appropriate action to declare the attached item as 19 surplus and allow maintenance to remove and destroy or 20 recycle as they see fit. Miss Bolin. 21 MS. DIANE BOLIN: We have some equipment 22 that IT has tried to sell like our old fax machine that 23 does not have an inventory number, and a bursting 24 machine that we were given. They have been unable to 25 sell it over the last five years, so we just need them 40 1 out of the office. We have 5 broken desk chairs that 2 are totally unusable, they can't be repaired, they're 3 ready for the dump. 4 COMMISSIONER MOSER: What's a bursting 5 machine? 6 MS. DIANE BOLIN: When you used to have the 7 paper that was all together and it had the holes in the 8 side you put it in there and it tears the sides off of 9 it and it tears it apart. 10 COMMISSIONER MOSER: That's a bursting 11 machine. 12 MS. DIANE BOLIN: That's a bursting machine, 13 yes. 14 COMMISSIONER MOSER: Okay, thank you. 15 COMMISSIONER BELEW: That is old. 16 COMMISSIONER MOSER: Yeah. Move for 17 approval. 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: Been moved by Commissioner 20 Precinct 2, seconded by Commissioner Precinct 4 to 21 approve the item presented, item 1.4, that's to declare 22 the items listed as surplus and allow maintenance to 23 remove or destroy or recycle as they see fit. Any other 24 comments or discussion? If not, those in favor of the 25 motion signify by raising your right hands. Tom? 41 1 COMMISSIONER MOSER: Oh, right hand. 2 JUDGE POLLARD: It's four zero. 3 COMMISSIONER MOSER: I was so involved -- 4 JUDGE POLLARD: One abstention, myself. 5 COMMISSIONER MOSER: -- thinking about the 6 bursting machine. 7 COMMISSIONER BELEW: He wants the bursting 8 machine. 9 JUDGE POLLARD: 1.5 consider, discuss and 10 take appropriate action to adopt a Resolution to 11 delegate change order approval authority for the East 12 Kerr County/Center Point Wastewater Collection Project, 13 which is situated in Precincts 2 and 3. Mr. Hastings. 14 MR. HASTINGS: Thank you. This Resolution 15 would authorize Commissioner Letz or Commissioner Moser 16 to execute change orders for the East Kerr County 17 Wastewater Project, and should any change orders require 18 an adjustment in the contract price, the authority to 19 approve shall include such adjustments to the contract 20 price, the Commissioners' Court shall ratify the 21 approval of changes to the contract price before the 22 total change results in an increase of a hundred 23 thousand dollars. This is a 25 million dollar project. 24 The authority to approve change orders to the contract 25 price is limited to a total unratified increase of no 42 1 more than a hundred thousand dollars. 2 COMMISSIONER MOSER: Charlie, recommend a 3 change in it, hereby authorizes Commissioner Precinct 2 4 and Precinct 3 as opposed to the names, in case 5 Commissioner Letz gets hit by a truck, we need to have 6 it -- 7 COMMISSIONER REEVES: I'd look over your 8 shoulder. 9 COMMISSIONER BELEW: Wishful thinking, hu? 10 COMMISSIONER MOSER: Yeah. That would be my 11 only recommended change. 12 JUDGE POLLARD: Is that a threat? 13 COMMISSIONER MOSER: No. I'm just concerned 14 about his execution of the contract. 15 COMMISSIONER LETZ: And as I read it this is 16 how I also think it should be, it takes both our 17 signatures to approve a change order, is that correct? 18 I mean I think it should take both of them. 19 MR. HASTINGS: Yes, both. 20 COMMISSIONER MOSER: Agreed. 21 COMMISSIONER LETZ: And I'm going on the -- 22 how I think it should be. This is not increasing the 23 project amount, or the amount we have approved. 24 Basically what this is doing is taking money out, if 25 needed, either from a line item within the construction 43 1 contract to a different line item in the construction 2 project, or from contingency under the project to the 3 construction contract. Those are the two ways that we 4 work. It's not -- so the money is designated, it's a 5 contingency line item with the intent originally of 6 there being -- well, that's what a contingency is for is 7 to modify. 8 COMMISSIONER MOSER: And approved by the 9 Court subsequent, and stays within the schedule. 10 COMMISSIONER LETZ: Right. And the reason 11 for it is if a scheduling issue is that things come up, 12 and it takes -- we don't want to hold things up. We've 13 already gotten into some situations where we've had to 14 move some things and change in lift station designs in 15 doing this, and it's cumbersome by the time it gets into 16 the Court. I mean it would probably delay it about a 17 month. 18 COMMISSIONER MOSER: Easily. 19 COMMISSIONER LETZ: Because it takes -- 20 before the contract can be amended there's a lot of 21 paperwork that we'd ever get before, you know, anyone 22 can sign it from the County. And I think it goes 23 through the -- our Engineer and County Engineer as well, 24 and through Brenda, there all these people are involved, 25 and by the time you get all that put together it could 44 1 easily delay it a month to six weeks, and that has 2 caused some problems. 3 COMMISSIONER MOSER: And I think that's an 4 excellent point, and plus there are so many parties in 5 this. WCID, it's the City of Comfort, Precinct 2, 6 Precinct 3, multiple contractors, TxDOT. I mean so 7 delaying it is for any reason, so -- 8 COMMISSIONER LETZ: Now, I think the 9 preference, you know, would be to -- and I apologize for 10 not spending more time on this prior to today, but I'm 11 still catching up from spring break, I think. Should it 12 be through here, Commissioners, that we have County 13 Engineer, project engineer, and the County Auditor's 14 approval before we have authority to sign? 15 COMMISSIONER MOSER: Absolutely. 16 COMMISSIONER LETZ: I think it'd should be 17 there whether it be in the court order or in the 18 Resolution. 19 COMMISSIONER MOSER: Procedure. 20 COMMISSIONER BELEW: So this sounds like a 21 really long motion now. 22 MRS. STEBBINS: Do you want to approve it 23 with the addition that the County Engineer and the 24 County Auditor and each of you approve the change order? 25 JUDGE POLLARD: Contingent on their 45 1 approval? 2 MRS. STEBBINS: Yes, Sir. So you can 3 approve it as it is with a paragraph we can add in there 4 that includes that language. 5 COMMISSIONER LETZ: Yeah. Or either do it 6 in the court order. I think we make a motion to approve 7 the Resolution with the change recommended by 8 Commissioner Moser that it states Commissioner Precinct 9 2 and 3, and the Court Order also be clear that both the 10 County Engineer and the County Auditor must sign prior 11 to Commissioner 2 and 3 having authority to approve. 12 COMMISSIONER MOSER: I'll second that. 13 JUDGE POLLARD: That's not contingent upon, 14 okay. All right. It's been moved by Commissioner 15 Precinct 3, seconded by Commissioner Precinct 2 to 16 approve a Resolution to delegate change order approval 17 authority for East Kerr County/Center Point Wastewater 18 Collection Project to provide for the Commissioner of 19 both of those precincts to be either of one of them to 20 be authorized -- 21 COMMISSIONER LETZ: Both. 22 COMMISSIONER MOSER: Both. 23 JUDGE POLLARD: Both of them to be 24 authorized to bind the County on that on any Resolution, 25 and that prior to the time of adoption of it the County 46 1 Engineer, and who else? 2 MRS. STEBBINS: County Auditor. 3 COMMISSIONER LETZ: County Auditor. 4 JUDGE POLLARD: County Auditor have to 5 approve it, but we're trying to pass something now but 6 they haven't approved yet, so is this -- 7 COMMISSIONER LETZ: No. 8 JUDGE POLLARD: They have approved it? 9 COMMISSIONER LETZ: There is nothing to 10 approve; we're just doing the Resolution giving 11 Commissioner -- 12 JUDGE POLLARD: All right. 13 COMMISSIONER LETZ: And we can bring it 14 back, or we can pass it now and bring it back to clarify 15 it. 16 COMMISSIONER BELEW: Well Heather says just 17 insert that paragraph. 18 JUDGE POLLARD: Are we going to enter into a 19 previously illegal act? 20 COMMISSIONER MOSER: So as Commissioner 21 Reeves awhile ago, I call for a vote. 22 JUDGE POLLARD: All right, those in favor of 23 the motion signify by raising your right hands. Those 24 opposed. It's four one, I'm opposed, but it passes. 25 COMMISSIONER MOSER: Okay. 47 1 JUDGE POLLARD: Let's go to item 1.6 2 consider, discuss and take appropriate action to 3 authorize the County Judge to execute a contract for 4 engineering services with Tetra Tech Engineering for the 5 Texas Community Development Block Grant, contract number 6 7217045, situated in Precincts 2 and 3. Mr. Hastings. 7 MR. HASTINGS: This is for engineering 8 services with Tetra Tech Engineering. Don Burger is 9 here with Tetra Tech if you have any questions about 10 that scope. 11 This is the Texas Community Development 12 Block Grant, contract number 7217045 in Precincts 2 and 13 3, and this is for the million dollar CEDAP Grant that 14 we recently acquired. We've already hired GrantWorks to 15 do the grant administration and we need Tetra Tech on 16 Board for the engineering services. 17 COMMISSIONER MOSER: Move for approval. 18 COMMISSIONER LETZ: Second. 19 JUDGE POLLARD: Been moved by Commissioner 20 Precinct 2, seconded by Commissioner Precinct 3 to 21 approve item 1.6, and that is to authorize the County 22 Judge to execute a contract for engineering services 23 with Tetra Tech Engineering for the Texas Community 24 Development Block Grant, contract number 7217045. Is 25 there any further discussion? 48 1 COMMISSIONER REEVES: Has the County 2 Attorney reviewed the contract? 3 MRS. STEBBINS: Yes, Sir. 4 COMMISSIONER REEVES: Satisfactorily? 5 MRS. STEBBINS: Yes, Sir. 6 JUDGE POLLARD: Those in favor of the motion 7 signify by raising your right hands. It's four zero. 8 It passes. One abstention, myself. 9 We're going to have to jump to item 1.8 a 10 timed item. Consider, discuss and take appropriate 11 action concerning the buried cable in Westwood 12 subdivision area of Comfort, Mr. Bob Cohen. 13 MR. COHEN: Good morning, Judge Pollard and 14 members of Commissioners' Court. My name is Bob Cohen, 15 I'm the CEO and one of the owners of a company called 16 commZoom Startup, entrepreneurial company that provides 17 high speed internet, digital t.v., and phone services in 18 15 small South Texas communities based in San Antonio. 19 We launched about three and a half years ago, and we 20 formed our company by way of acquisition of older mom 21 and pop small undermanaged analog cable companies, which 22 have been around a long time. 23 We have currently activated 9 markets out of 24 15 to new services and we're in the process in stages of 25 activating Comfort. And inside of Comfort we have an 49 1 area of town Westwood Court, Greenwood Court and four of 2 five other street subdivisions that falls within Kerr 3 County. 4 We're here today, I'll skip to the end and 5 backtrack to give you a little context. I'm here today 6 to ask permission of the Commissioners' Court to 7 eventually make the decision if we choose to to abandon 8 that particular neighborhood of our services, and here's 9 why. Again, as we said we're in the process of 10 upgrading that market, we've done a lot of the work in 11 town. Along about December as your sewer project made 12 its way down through that particular area of Comfort 13 Pesado Construction began to come through and do its 14 work, calling in locates as they're supposed to, us 15 responding to locates and us responding to locates as 16 we're supposed to. And the cable in that particular 17 part of town is buried. Most of the cable that we have 18 in the markets we operate in as aerial, but we do have a 19 few places where we have buried cable. This cable was 20 put into place about 1980 by the former owner of 21 Lavernia Cable Company, and Mr. Petty who also has a 22 portion of his company was also in Comfort. 23 So at the time -- I'm not sure, I couldn't 24 tell you what the regulations were about the depth of 25 cable. That was in the infancy of cable TV, as you 50 1 know. But going forward for many years the cable was 2 produced an analog product, and that's part of the 3 infrastructure we acquired and which we are upgrading. 4 Upgrading in our business is to run fiber to a node. A 5 node is a piece of equipment about the size of a tackle 6 box, fishing tackle box that hangs on poles, and hangs 7 aerially, or in some cases is on a pedestal. But on 8 that particular area of Comfort it's -- the cable is 9 underground. We upgraded the electronics and the 10 mechanical head-in, and send fiber and the high speed 11 internet deeper into the neighborhood. We don't touch 12 the -- unless it's damaged, we don't touch the cable 13 that's under the ground. In the process of the work 14 that Pesado Construction has been doing they have dug up 15 and broken a number of areas of cable in that 16 neighborhood. After about three or four hits, and 17 repairing those hits with sending out contractors and 18 our own personnel and replacing it with new conduit and 19 what have you, we decided that we would stop that. We 20 had asked Pesado Construction to compensate us for the 21 damage that they've done, and they refused, and the 22 reason they refused was because of a regulation which 23 Charlie Hastings brought to everyone's attention that 24 the cable perhaps was not buried deep enough. I'm not 25 here to argue whether or not the cable was buried deep 51 1 enough or not. We got to a point where we said all 2 right, if they refuse to take responsibility for that 3 and are going to stand behind this regulation, which 4 requires the cable to be at a certain depth, we're not 5 hear to argue that. What we would like for them to do, 6 and it's my understanding was they were going to hold up 7 the project for sewer work in that area unless we held 8 them harmless for the past damage that they've done and 9 future damages that they might do in that area. We 10 simply asked that if we were going to -- I'm sorry, 11 backtrack for a moment. Charlie asked us that if we 12 couldn't resolve it be between ourselves that the County 13 would take over and force us to remove that cable. So 14 we went back to Mr. Hastings and Pesado Construction and 15 asked for them to compensate us on the damage that had 16 been done, be careful with any future ones, and we would 17 go from there. Pesado refused to do that, and 18 eventually we said we are at a point where we're not 19 going to put any more permanent repairs into that area. 20 We will patch -- we would like you to be careful for the 21 future work that you do, call in locates as you have, 22 we'll mark the locates, be careful as you go. We will 23 patch -- if you hit anything else, we'll patch as you go 24 and hold it together. When all of this is over if we 25 determine that the patches and the splices and what not 52 1 that we put in are not able to hold the integrity of the 2 brand and the product that we're delivering to all these 3 other communities, we'd like the ability to abandon that 4 cable in that particular portion of the community which 5 you all as the County have the discretion to allow us to 6 do. And by abandoning it it says here underground 7 communication lines may be abandoned in place at the 8 discretion of the district. 9 That's all we're asking, when we get to the 10 end of this project we find that the quality and the 11 integrity of the lines in there will not support our 12 brand, and will not deliver a product which we're going 13 to be delivering everywhere else, we'll have the ability 14 to abandon that and to walk away from it, and just go 15 from there. We hope to be able to deliver a product, we 16 may not be able, and that's what we're here to ask for 17 today. 18 COMMISSIONER LETZ: Let me give a little 19 more background and let Charlie fill in, too. Back a 20 long time ago while I was early County Commissioner, and 21 I really don't remember the reason, but the Court did 22 have to approve an agreement with Petty Construction for 23 their cable, a part of that. That's why we have to 24 approve them abandoning it because we approved them 25 doing it. And I don't recall doing it before, and I 53 1 don't know why we had to do it then, but my recollection 2 is, and it's faulty at times, that it was something to 3 do with the fact that they were buying and selling some 4 other companies around, like Petty Cable or something 5 like that down south, but that's all irrelevant. There 6 is an agreement that -- or an order that the Court 7 approved to allow them to have this system in Westwood. 8 I don't think it's really debatable that the cables are 9 not deep enough. I mean they may be in areas, but 10 they're very very shallow in areas, and that's not 11 y'all's fault, but maybe things changed over the time, 12 maybe the Petty's didn't put it deep enough originally, 13 who knows, it doesn't make any difference either, but 14 they're not deep enough. 15 So the nature of the project and the work 16 that Pesado's doing, it's extensive. So if cables are 17 very very shallow and you're just driving equipment 18 around on them and turning and equipment they're using 19 you can break some of these cables. So I mean I think 20 it's nobody -- we're in a situation where it's nobody's 21 fault in my mind. It's certainly not commZoom's fault, 22 they bought the system. It's not Pesado's fault, 23 they're doing a project for the county. It's just a 24 situation and you know without visiting with the County 25 Attorney on this at all, I would hate to see it 54 1 abandoned, but I don't think that's a bad Resolution. I 2 mean it's -- it's a situation that things worked 3 uncorrectly probably a long time ago from the depth of 4 those cables being done. And what Mr. Cohen said this 5 is one of the few areas where they have underground. 6 Most of their services are overhead, and most of the 7 cable's overhead. 8 COMMISSIONER MOSER: In a practical sense, 9 how much work is remaining -- and I'll ask this of 10 Charlie or Don, how much work is remaining where there's 11 a potential impact to the cable by the construction of 12 the sewer line? 13 MR. BURGER: Still all services to do in the 14 neighborhood. 15 COMMISSIONER MOSER: So still all the 16 services to the individual houses. And how many houses 17 in that region? 18 MR. BURGER: About 200. 19 COMMISSIONER MOSER: About two hundred, 20 that's what I remember. So there's still a lot of 21 potential for damage could be done, but it's probably no 22 fault of the County, probably wasn't a regulation at 23 that time on how deep. Perhaps, perhaps not. 24 COMMISSIONER LETZ: There probably was, but 25 I don't know that we had any -- we just said you can put 55 1 the cable in. I don't think we had any, you know, 2 possibility for inspecting it. 3 COMMISSIONER BELEW: Regulations. 4 COMMISSIONER LETZ: But the number is -- 5 there's 200 homes in the subdivision. How many homes -- 6 probably a small area. 7 MR. COHEN: There's about six streets that 8 are affecting us, and I don't think there's anything 9 close to 200 homes; I think it's more like 80. And we 10 do have some legacy, and by legacy, these are people 11 that are on our analog TV product right now; they're not 12 on our internet. That service is going to be changed 13 anyway when we upgrade to IPTV, which is Internet 14 Protocol Television. So there's a legacy customer base, 15 and then thee's a future customer base, so it's only 16 about 80 homes and six streets or something like that. 17 And my understanding is there's a -- one of those 18 streets that has several customers on it is I think 19 almost all the way through which is why we believe we 20 can patch it and hold it together. When we start to put 21 juice into that neighborhood through our fiberoptics and 22 what not, if we determine the cable will not handle it 23 and the integrity is just not there, then we have a 24 business decision whether we want to redo the whole 25 thing and make alternate routes or that sort of thing, 56 1 or not. You know it may not be -- it's an economic 2 business decision is what it comes down to. But to ask 3 to pull out all the cable for no gain for anybody, for 4 the County, for the residents, for us, or anybody, is an 5 incredible waste of time and money, and we'd like just 6 to have the ability to make a business decision at some 7 point, if we need to. 8 COMMISSIONER MOSER: So the proposed action 9 here is to -- 10 COMMISSIONER LETZ: I think the proposed 11 action first would be get the agreement to the County 12 Attorney for some guidance on what our requirement -- 13 what our legal responsibility is as the Commissioners' 14 Court. 15 MRS. STEBBINS: And I think that you 16 mentioned a minute ago that that Court has to approve 17 the abandonment, is from what you remember and 18 understand? 19 COMMISSIONER MOSER: Yeah. 20 COMMISSIONER LETZ: Yeah. 21 MRS. STEBBINS: I don't have that in front 22 of me, so I would like to look at that if y'all can take 23 some time -- 24 COMMISSIONER LETZ: I think Charlie has a 25 copy of that. 57 1 COMMISSIONER BELEW: No action today. 2 JUDGE POLLARD: I have a different opinion. 3 I have a different view. 4 MR. COHEN: I'm reading it. Underground 5 communication may be abandoned in place at the 6 discretion of the District, that's what it says. 7 JUDGE POLLARD: I have a different view of 8 this. When this gentleman and his -- he started going 9 around and buying up these little projects and all out 10 there, I think it was incumbent upon him at that time to 11 make investigations to see if -- if he might have 12 problems such as how deep the cables were. So if 13 there's some fault involved in it, you said -- and so I 14 disagree with you that where he says there's no fault on 15 his part; I think there is fault because he steps into 16 the shoes of the guy he bought, whatever he bought, he 17 bought the problems with it, too. 18 All right, now let's talk about what the 19 proper way to resolve it is. He wants permission now, 20 and he doesn't want to make the decision, the business 21 decision now, he's asking for permission carte blanch to 22 give him the right to make that later on without having 23 to come back to Commissioners' Court. I think that's a 24 little premature. I think if the time comes that he 25 wants to make that decision and does, he needs to come 58 1 to Commissioners' Court at that time and ask us. Now, 2 by the way, I do think that the best way to solve it is 3 to allow him to abandon it, I would be in favor of that, 4 but I'm not going to be here at that time. All right, 5 at that time that would -- let him abandon it and 6 somebody else would to come in and start all new cables 7 again. 8 COMMISSIONER LETZ: You may be here. Maybe 9 it'll be done. 10 JUDGE POLLARD: No, I don't think so. I 11 don't think so. 12 COMMISSIONER MOSER: Oh, yeah, it's going to 13 be finished while you're here. 14 COMMISSIONER LETZ: I don't disagree with 15 anything you're saying. I want to get it to the County 16 Attorney so we get -- 17 JUDGE POLLARD: I think the County Attorney 18 needs to talk -- to question whether or not we have the 19 right to give him the right to say hey maybe if you want 20 to decide something later on. I don't know. That's a 21 future thing. You brief that. 22 MRS. STEBBINS: Okay. Yes, Sir. 23 COMMISSIONER LETZ: And I think in moving 24 forward if you're plan is what needs to be done anyway, 25 and you need -- or Pesado needs to notify you, you try 59 1 to mark them the best you can and Pesado tries to do the 2 best they can to try not to damage the cable, but you 3 know in areas -- you know, I'm not sure what the proper 4 depth is now. I don't know, Charlie, what is the 5 current rule? 6 MR. HASTINGS: 24 inches. 7 COMMISSIONER LETZ: 24 inches. I think try 8 to work together best we can. And I know when talked to 9 you on the phone, Mr. Cohen, there was an issue with 10 some other line got torn down, and if that happens, I 11 mean, Pesado is responsible for something like that. 12 This doesn't -- this is about what's underground and 13 everyone try to minimize the problems, and then we can 14 -- you know after it's been evaluated look at a business 15 decision and then come back to us. 16 MR. COHEN: I just want to add when you buy 17 a cable system you're buying the whole system. It's not 18 possible -- 19 JUDGE POLLARD: Was there anything wrong 20 with it, too? 21 MR. COHEN: Right. But you're not in a 22 position where you can carve out six streets. And in 23 the case of this particular neighborhood these lines 24 were put in in 1980. I'm not quite sure that the 25 regulatory boundaries weren't the same as they are 60 1 today. This is aluminum hard line that's not causing 2 any environmental issues. This happens all over the 3 country all the time. People abandon cable plants and 4 so forth, and that's -- why should we -- why should we 5 not ben able to provide the service for the whole of 6 Comfort, rather than these six streets. If these six 7 streets won't support the -- if the infrastructure of 8 these six streets won't support what we're doing for the 9 rest of the town. 10 COMMISSIONER MOSER: So no action today. 11 COMMISSIONER LETZ: I think no action today. 12 I think it's something that, you know -- 13 COMMISSIONER MOSER: County Attorney look at 14 it and see. 15 MRS. STEBBINS: Sure. 16 COMMISSIONER LETZ: And Pesado, best they 17 can, work with your locates, and try to utilize it. And 18 once the project is done evaluation that place. 19 MR. COHEN: I'd like to ask though under 20 what circumstances would the permission to abandon that 21 portion of the plant be denied? 22 COMMISSIONER LETZ: I think you have to look 23 at it. I mean we can't answer that until the County 24 Attorney looks at the actual agreement. And I remember 25 the agreement being signed but I have not gone back and 61 1 looked at the details of it. So I think it's quite 2 honestly -- 3 JUDGE POLLARD: Is your question that what 4 would we consider if you do make a business decision to 5 abandon part of it? 6 MR. COHEN: I'm asking under what 7 circumstances would permission to abandon it be 8 declined? What would be the reason that we wouldn't be 9 given that opportunity to make that business decision? 10 COMMISSIONER LETZ: And that's why I think 11 we need to get the County Attorney involved because the 12 reason that we had to approve it in the first place is 13 probably -- there's a reason for it. And if there's a 14 obligation to serve the customers or something, but you 15 know it's in the agreement, that could be a reason. 16 COMMISSIONER MOSER: And basically we don't 17 know what we're abandoning. 18 MR. COHEN: Yeah. 19 COMMISSIONER MOSER: Yeah, that's it. 20 JUDGE POLLARD: And we don't know what other 21 facts and information might come up by the time you 22 actually request this. It's speculative right now as 23 far as I'm concerned. Okay. 24 COMMISSIONER LETZ: I think -- well, I mean 25 within reason we'd like to work with you, I would, and 62 1 the residents, because I mean we just have to look at 2 it. And I don't know, there's a lot of things, what 3 does abandon mean, you know -- 4 COMMISSIONER MOSER: What are we abandoning? 5 COMMISSIONER LETZ: Yeah. What does that 6 mean, you going to leave the cables in the ground? 7 MR. COHEN: Exactly. 8 COMMISSIONER LETZ: You and I have talked. 9 What about the customers, do they have any options? And 10 now versus then there's a lot of options. 11 MR. COHEN: That's right. 12 COMMISSIONER LETZ: I mean there's phone 13 lines, there's satellite, there's all kinds of things. 14 So I think we need to look back at the actual agreement. 15 The agreement may not even make any sense anymore. But 16 then again we may or may not be able to get out of it, 17 we just don't know until the County Attorney looks at 18 it. 19 MR. COHEN: I'm not aware that the agreement 20 exists anymore. It expired in 1999. And if you look 21 back at the tracing of it this company preceded the 22 agreement. It's an ion ago in this industry. 23 COMMISSIONER MOSER: Maybe the agreement 24 doesn't even exist. 25 MRS. STEBBINS: So then why would you be 63 1 here requesting to abandon? 2 MR. COHEN: We have rights by -- State 3 franchise rights are granted for cable. 4 JUDGE POLLARD: Then go to the Franchise 5 Commission; not us. 6 COMMISSIONER LETZ: We're trying to 7 determine what rights we have. We're not saying no, 8 yes, anything. We need to know what we have to do. 9 Okay. 10 COMMISSIONER MOSER: In the meantime we'll 11 try to work to not damage the cable, and at the same 12 time put the sewer system in on schedule and fixed 13 price. Other than that, as I say, it's an 14 overdeterminate set. Did you get that Debby? 15 THE REPORTER: Yes. 16 JUDGE POLLARD: There's no further action, 17 is that everybody's understanding? 18 All right, item 1.9 consider, discuss and 19 take appropriate action to adopt wastewater connection 20 policies for the East Kerr County/Center Point 21 Wastewater Project. Mr. Hastings. 22 MR. HASTINGS: Thank you. This connection 23 policy has been drafted a number of times. And I think 24 the most useful part of the policy, and I think it needs 25 to be an exhibit with the policy are the maps that were 64 1 generated by GrantWorks. They did an excellent job on 2 these maps, and it made it possible to analyze the 3 entire system and see what risk there might be. I think 4 any risk is minimized. What we have is two and a half 5 million dollars worth of grants that are for making 6 wastewater connections, and that's above and beyond the 7 funding that we already have from the Texas Water 8 Development Board, so it really helps us in the future 9 is what it does. It offsets some of our cost and make 10 Phases II and III possible. 11 Having said all that, this connection policy 12 if we were to summarize, if you're low income this 13 policy and you qualify under certain programs then your 14 wastewater connection would be done at no cost subject 15 to funding availability -- 16 COMMISSIONER MOSER: Charlie, just in the 17 interest of time, we've been through all that before. 18 This is just cleaning it up. You summarized it all 19 before. 20 MR. HASTINGS: I think the last comment that 21 was made that needed to be added back in here was to 22 make sure that if you're one acre or less and you're 23 being forced to connect that there's a way that this 24 gets funded one way or the other. 25 COMMISSIONER MOSER: I have a couple 65 1 comments and questions. On Item 6 commercial properties 2 will not qualify for CEDAP, EDAP, or CFC assistance 3 connections. Commercial properties that qualify for the 4 CWSRF programs are eligible. I would recommend that you 5 put commercial properties regardless of property 6 acreage, okay, since you've done that, okay. So change 7 commercial properties regardless of property acreage 8 that qualify. 9 The other thing is, I have a question on 10 your maps -- and I commend you and Katie for doing this, 11 it's well done. On the maps you show houses within the 12 200 feet and houses that are not within 200 feet. Why 13 call that out? That doesn't have anything to do with 14 anything. 15 MR. HASTINGS: It has to do with how much it 16 costs. 17 COMMISSIONER MOSER: But it doesn't have 18 anything to do with policy. And we don't know what it 19 costs, depends on the soil and the rock. 20 MR. HASTINGS: We can have that turned off. 21 It was part of the analysis. 22 COMMISSIONER MOSER: Okay. But it's not 23 part of the policy? 24 MR. HASTINGS: No, it's not. 25 COMMISSIONER MOSER: Nothing do to with the 66 1 policy about two hundred feet, just have to do with -- 2 MR. HASTINGS: It gives you an idea of how 3 far away a home is from the sewer line. 4 COMMISSIONER MOSER: Okay, but that's just 5 information, just wanted to clarify that. So Jonathan, 6 that's the only comments I have. 7 COMMISSIONER LETZ: I have two -- I guess 8 all the programs go up to 200, correct, or is it -- 9 COMMISSIONER MOSER: 100 feet. 10 COMMISSIONER LETZ: Well, I know our 11 original policy was 100. Is it 100 or 200? 12 COMMISSIONER MOSER: 100. 13 MR. HASTINGS: 100 feet or less if you're 14 within that -- if your property is within 100 feet or 15 less of an wastewater gravity line or a lateral -- sewer 16 lateral then you are required to connect, if you're one 17 acre or less. 18 COMMISSIONER MOSER: Yeah, Jonathan, we 19 talked about changing it from 200 but we left it at 100. 20 COMMISSIONER LETZ: So if you're one acre, 21 you're 110 feet -- 22 MR. HASTINGS: You're not forced to tie on. 23 COMMISSIONER LETZ: You're not forced to tie 24 on. 25 COMMISSIONER MOSER: Right. 67 1 COMMISSIONER LETZ: But we have funding for 2 that. 3 MR. HASTINGS: The funding that we have -- 4 yes, we've got some funding for that. Because of all 5 the grants. 6 COMMISSIONER MOSER: On that subject sort of 7 consistent to that or parallel to that, if you're within 8 a hundred feet and you're on the other side of the road 9 and you have to bore into the road then you could exceed 10 forty-six hundred dollars also. So we're saying that if 11 you're within a hundred feet, we're going to pay for it. 12 MR. HASTINGS: And you're one acre or less. 13 COMMISSIONER MOSER: Yeah, for one acre or 14 less, right, right. That's what it says. It says 15 you're required to do it, and hopefully you'll be 16 covered by Colonia or any one of the other programs, but 17 it also says it could be really expensive. 18 COMMISSIONER LETZ: Right. And we're 19 covered -- the analysis shows that there's a situation, 20 as I understand it, or I think you told me this, 21 Charlie. The analysis shows there's no situation that 22 we're required to bore under the -- for example bore 23 under Highway 27 to get to within the hundred foot. But 24 could there be in the future? 25 MR. HASTINGS: Could be anything in the 68 1 future. 2 COMMISSIONER LETZ: The policies are 3 required -- I know I'm going back to the original court 4 order. If the policy says it may not be this, we may 5 need to go back and look at the court order because that 6 court order says -- it doesn't -- it's just not Phase I, 7 Phase 2, Phase 3. That court order says from now to 8 eternity. If you're within a hundred feet you have to 9 hook up. If you put a house on the wrong side of 10 Highway 27 -- or on one side of Highway 27 and the sewer 11 line on the other, we're requiring that property owner 12 right now to bore under Highway 27 for one hookup. 13 MR. HASTINGS: If they're one acre or less. 14 COMMISSIONER LETZ: See, there are some 15 things that I'm trying to, you know, it's a little bit 16 different and we have to come back to the court order to 17 modify that as opposed to the policy, I think. 18 COMMISSIONER BELEW: Is there not language 19 in there about future growth? 20 COMMISSIONER MOSER: No, not in the original 21 court order. 22 COMMISSIONER LETZ: No. The original court 23 order was very -- and that is why we did it broad back 24 then because we didn't want to tackle this. 25 MR. HASTINGS: This particular policy would 69 1 be limited to just Phase 1. 2 COMMISSIONER LETZ: Right. But we need to 3 go back and look at that original court order. 4 COMMISSIONER MOSER: And it does say 100 5 feet. 6 COMMISSIONER LETZ: Because we have got to 7 correct that and modify that. That's going to cause 8 potentially a huge problem down the road. 9 COMMISSIONER MOSER: Maybe it doesn't for 10 just for Phase I. 11 COMMISSIONER LETZ: Phase I it doesn't. 12 COMMISSIONER MOSER: Well, that's all this 13 is for. 14 COMMISSIONER LETZ: I'm saying that we need 15 to not move on. The other thing -- 16 COMMISSIONER MOSER: Wait a minute. We 17 could go with this for Phase 1 and the original court 18 order. 19 COMMISSIONER LETZ: Yeah. 20 COMMISSIONER MOSER: Yeah. So, and then 21 with Phase II we can look at it and -- 22 COMMISSIONER LETZ: And look at it in 23 between. The other thing is a pretty minor change in 24 the verbiage we refer to project area, but on the maps 25 we call it wastewater service area. 70 1 MR. HASTINGS: Wastewater service area. 2 COMMISSIONER LETZ: They need to be the 3 same. We need to change project area in the written 4 part. I want to it say wastewater service area. They 5 have to be the same, because otherwise you read the 6 verbiage in it and you go look at it and you can't find 7 it, it's not written. They have to be consistent, those 8 two things. 9 COMMISSIONER MOSER: So we got two minor 10 changes, what Jonathan just mentioned, and then the one 11 on item 6 regarding the property acreage. 12 COMMISSIONER LETZ: Read yours again, 13 Commissioner, on the commercial -- 14 COMMISSIONER MOSER: Yeah, it was -- see, 15 Jonathan, and everyplace else we say regardless of 16 property acreage like on number 2 -- Number 6 says 17 commercial properties do not qualify. They do not 18 qualify, period, okay? Commercial properties that 19 qualify, and we're going to say commercial properties 20 regardless of property acreage, they qualify for CWSRF 21 program are eligible to have connections of up to 46 22 hundred dollars, so it's just a clarification. 23 COMMISSIONER LETZ: Do we need to add to 24 that clarification however, if they're less than one 25 acres they're required to hook up. 71 1 COMMISSIONER MOSER: No. 2 COMMISSIONER LETZ: Well, but they are. 3 COMMISSIONER MOSER: No. I think we say that 4 above. 5 MRS. DOSS: Not for commercial. 6 COMMISSIONER MOSER: So in Number 1 per 7 court order any residential or nonresidential commercial 8 facilities within the area are required to hook up, 9 shall be connected. So Number 1 hits it, so it's 10 already in there. 11 COMMISSIONER LETZ: Then we need to attach 12 that court order as part of this, because here we're 13 saying per -- 14 COMMISSIONER MOSER: Yeah, I know. Yeah. 15 COMMISSIONER LETZ: I'm trying to get it 16 done today, but I'm trying to make sure that we're -- 17 COMMISSIONER MOSER: I think we're -- 18 JUDGE POLLARD: There have been no previous 19 policies about it, are there?. 20 COMMISSIONER LETZ: Yeah. We have one that 21 we're going to have to cancel that one. 22 COMMISSIONER BELEW: Can you just enter the 23 number or the court order and parenthetically? 24 COMMISSIONER MOSER: That's what we did. 25 JUDGE POLLARD: Have to be in this motion, 72 1 that previous court order. 2 COMMISSIONER BELEW: Well, he's saying add 3 it. So I don't see why we need both. 4 COMMISSIONER MOSER: I don't think we need 5 to attach it. If we want to change it, we can. 6 COMMISSIONER REEVES: It refers to it. 7 COMMISSIONER MOSER: I move for approval of 8 the policy as presented with the changes delineated by 9 Commissioner Letz and by myself. 10 COMMISSIONER LETZ: Second, but I've got an 11 addition to that. And we need to cancel court order 12 whatever the other number was the last time -- no, it's 13 got to be in the court order. It's gotta be in the 14 court order that we cancelled specifically which 15 previous court order we approved. 16 JUDGE POLLARD: How about some language that 17 says that this replaces all prior court orders that may 18 be in conflict herewith, and that'll be -- 19 COMMISSIONER LETZ: I'd rather get the 20 specific court order in here. 21 COMMISSIONER BELEW: I agree with that. 22 COMMISSIONER MOSER: Well, we have a court 23 order. 24 COMMISSIONER LETZ: No, no, no. We've 25 already done this once. 73 1 MR. HASTINGS: Did it in January. 2 COMMISSIONER LETZ: Did it in January, and 3 we need to cancel that. 4 COMMISSIONER MOSER: Oh, need to cancel. 5 COMMISSIONER REEVES: Why don't we have a 6 recess. They can find the court order. 7 JUDGE POLLARD: Then ten minute recess. 8 COMMISSIONER MOSER: The interim court 9 order. 10 (Ten-minute recess.) 11 JUDGE POLLARD: All right, let's have some 12 order here. We're going to come back after that recess, 13 and going to the next item on the agenda, which is a 14 timed item -- 15 COMMISSIONER BELEW: We were going to find 16 out something. 17 JUDGE POLLARD: Okay. Yeah, we're going to 18 find out what the prior order is that's being rescinded, 19 in effect. 20 COMMISSIONER LETZ: Okay. You want to 21 restate your motion and cancel that? It's on your 22 computer. 23 COMMISSIONER MOSER: I make a motion that we 24 adopt the -- 25 JUDGE POLLARD: You're restating the motion. 74 1 COMMISSIONER MOSER: Okay, let me restate 2 the motion, okay? That we adopt the mandatory waste 3 connection policy as for Phase I of the East Kerr/Center 4 Point Wastewater Collection Project, EKCPWWCP, okay, 5 with the revisions as -- changes as recommended by 6 myself on item number 6, which adds regardless of 7 property acreage, and -- Jonathan, you had -- 8 COMMISSIONER LETZ: To make consistently 9 with language of the project area to change that to 10 wastewater service area throughout the document. 11 COMMISSIONER MOSER: Correct. And at the 12 same time we rescind court order 36556, which was also a 13 policy for on-site sewer facilities. 14 COMMISSIONER LETZ: And I'll second that. 15 COMMISSIONER MOSER: You want to repeat 16 that? 17 JUDGE POLLARD: No. It's been moved by 18 Commissioner Precinct 2, seconded by Commissioner 19 Precinct 3, and pursuant to item 1.9 of the agenda 20 package, that is to adopt a wastewater connection 21 policies for the East Kerr County/Center Point 22 Wastewater Project as submitted in the package, but as 23 amended by Commissioners Precinct 2 and 3 and as stated 24 in the record, and which does and should state also in 25 there an amendment that it operates to rescind and 75 1 replace court order -- this Court's Court Order Number 2 36556, which is a previous policy for on-site sewage 3 facilities. All right, is that a fair statement of the 4 motion? 5 COMMISSIONER LETZ: Yes, Sir. 6 JUDGE POLLARD: Is there any further comment 7 or question? There being none, those in favor signify 8 by raising your right hand. It's four zero, unanimous. 9 One abstention, myself. 10 Let's jump to another timed item. Got a 11 bunch of them on the agenda today. Item 1.13 consider, 12 discuss and take appropriate action regarding Crime 13 Victims' Rights Week, and permission to use River Star 14 Arts Park and Pavilion on April 12th, 2018. This is a 15 timed item that was at 9:30, and we're an hour late 16 getting to it, so all right, Amanda. 17 MRS. CALDERON: I just wanted to ask for 18 permission to use the River Star Arts Park and Pavilion 19 for our second annual, I guess, since we starred last 20 year. It's April 12th. The event will probably run 21 from 5:30 until about 8, we cleaned up last year and we 22 were out of there and done. So we'll probably have 23 earlier setup that we can work out with Jake earlier 24 that afternoon. So again we're looking at probably 25 resource tables, music and speakers like last year. 76 1 COMMISSIONER LETZ: I move for approval. 2 COMMISSIONER BELEW: Second. 3 JUDGE POLLARD: Been moved by Commissioner 4 Precinct 3. Seconded by Commissioner Precinct 1 5 pursuant to item 1.13 on the agenda, and that is to 6 granting permission for appropriate action for the Crime 7 Victims' Rights Week, and permission to use the River 8 Star Arts Park and Pavilion on April 12th, 2018 as 9 stated in the agenda package. Any further comment or 10 question? 11 COMMISSIONER REEVES: Yes, Sir. Jake, is it 12 okay with you? Is there any conflicts with you? 13 MR. WILLIAMSON: There are no conflicts. 14 We'd be proud to have it there. 15 JUDGE POLLARD: Any further comment or 16 question? If not, those in favor signify by raising 17 your right hand. It's four zero, unanimous. One 18 abstention, myself. 19 Next timed item is 1.16, which was set at 20 9:45 a.m., and we're late getting to it. Consider, 21 discuss and take appropriate action to approve contract 22 with Kendnel Kasper for the build-out of the 198th 23 District Attorney's office at the Sheriff's Annex. 24 MR. LEWIS: Good morning, Judge, 25 Commissioners. 77 1 JUDGE POLLARD: Oh, that's the 216th. I'm 2 sorry. 3 MR. LEWIS: Yeah, the 216th. And there was 4 a -- she did an update in fact. We have -- we've worked 5 with Kendnel Kasper, they have prepared a AIA document 6 for a stipulated sum, the County Attorney has reviewed 7 it and takes no exception to it, and it's our 8 recommendation -- and this is in accordance with the bid 9 instructions, so everything's pro forma, and it is our 10 recommendation to the Court to accept the contract as 11 presented. 12 MRS. STEBBINS: And I have reviewed it. 13 There's only one change, that was the date of approval. 14 It says April 9th I think on it, so if it will just 15 reflect today's date. 16 JUDGE POLLARD: Okay. Is there a motion? 17 COMMISSIONER LETZ: Move for approval. 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: Been moved by Commissioner 20 Precinct 3, seconded by Commissioner Precinct 4 pursuant 21 to item 1.16 of today's agenda, and that is to approve 22 the build-out of the 216th District Attorney's office at 23 the Sheriff's Annex as presented in this agenda package. 24 We appreciate Mr. Peter Lewis's good work on this 25 project. All right, is there any further comment or 78 1 discussion? There being none, those in favor signify by 2 raising their right hand. It's four zero, unanimous. 3 One abstention, myself. 4 Item 1.19, a timed item that was set at ten 5 o'clock, we're now about 35 -- 37 minutes late getting 6 to that. Consider, discuss and take appropriate action 7 on approval of a Resolution by the Commissioners' Court 8 of Kerr County, Texas authorizing the County Judge to 9 execute a Certificate of Approval concerning the 10 issuance of revenue bonds designated as the "City of 11 Marion, Texas Higher Education Facilities Corporation 12 Higher Education Revenue Bonds, (Schreiner University 13 Project), Series 2018" by the City of Marion, Texas 14 Higher Education Facilities Corporation in satisfaction 15 of the requirements contained in Section 147(f) of the 16 Internal Revenue Code of 1986, as amended. Lauren 17 Ferrero. Thank you very much, Ma'am, for appearing 18 today. 19 MS. FERRERO: Thank you. That was a 20 mouthful. 21 JUDGE POLLARD: Are you in mourning? 22 MS. FERRERO: What? I'm sorry. 23 JUDGE POLLARD: Are you in mourning? You're 24 all in black today. 25 MS. FERRERO: I think it's navy. 79 1 JUDGE POLLARD: Oh, is it navy? 2 COMMISSIONER BELEW: He doesn't like my 3 shirt either. 4 MS. FERRERO: Oh, okay. But I bet he likes 5 Commissioner Moser's. 6 JUDGE POLLARD: But I agree with you, I 7 don't like your's. 8 MS. FERRERO: For the record, I'm Lauren 9 Ferrero. I work at Norton Rose Fulbright in San 10 Antonio. We are bond counsel to the City of Marion 11 Higher Education Facilities Corporation. It's a special 12 corporation that we created to assist Schreiner 13 University in issuing tax exempt bonds to complete some 14 improvements on their campus. And I was here last year, 15 you might have remembered me. Every year we have to 16 come and get the jurisdiction in which the University 17 sits approval of the financing. So to be clear Kerr 18 County is not going to be assuming any liability for 19 these bonds, they're not going to be the issuer of the 20 bonds, and they're not responsible for the repayment of 21 the bonds. The reason I'm here is there's a special 22 provision under the Federal Tax Code which requires that 23 you approve the project. It's more so ministerial in 24 action rather than actually approving and issuing the 25 bonds, so in the event Schreiner University ever comes 80 1 under an audit, we have approval of the Commissioners' 2 Court via the Resolution and the Approval Certificate. 3 COMMISSIONER MOSER: So bottom line it's 4 necessary, but we have no liability? 5 MS. FERRERO: Correct. And that's the 6 important -- 7 COMMISSIONER MOSER: I see a big nod over 8 here. 9 MRS. STEBBINS: That's right. 10 MS. FERRERO: I know that's what's important 11 to the Commissioners' Court that you aren't responsible 12 for any payment. But rather than -- 13 JUDGE POLLARD: Yeah, especially today with 14 what has happened here today it's important to us. 15 MS. FERRERO: Yes, yes. So I'm not asking 16 you for any money; I'm just asking for your John 17 Hancock. 18 COMMISSIONER REEVES: I move for approval of 19 the agenda item as written. 20 COMMISSIONER BELEW: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Precinct 4, seconded by Commissioner Precinct 1 to 23 approve item 1.19 on the agenda. All right, let me take 24 a deep breath. It's to approval of a Resolution by the 25 Commissioners' Court of Kerr County, Texas authorizing 81 1 the County Judge to execute a Certificate of Approval 2 concerning the issuance of revenue bonds designated as 3 the "City of Marion, Texas Higher Education Facilities 4 Corporation Higher Education Revenue Bonds, (Schreiner 5 University Project), Series 2018" by the City of Marion, 6 Texas Higher Education Facilities Corporation in 7 satisfaction of the requirements contained in Section 8 147(f) of the Internal Revenue Code of 1986, as amended. 9 Are there any further questions or comments? 10 COMMISSIONER LETZ: Have a question. 11 MS. FERRERO: Sure. 12 COMMISSIONER LETZ: You may or may not know. 13 The amount 13 million dollars -- 14 MS. FERRERO: Right. So originally 15 Schreiner University authorized to plan finance for a 16 total of 23 million dollars. Ten million of that was 17 issued last year in 2017, and to prevent me from coming 18 back next year we decided to go ahead and have this 19 approval certificate authorized the remaining 13 20 million. 21 COMMISSIONER LETZ: Okay. Do you -- I'm 22 sure they know what -- can you announce or tell us what 23 they're going to do with the money? 24 MS. FERRERO: There are certain housing 25 projects, housing facilities that are permitted under 82 1 the education code that they're going to be improving on 2 their campus. It's a part of a larger plan, and that 3 was announced last year, and it is a part of the 4 Approval Certificate that -- 5 COMMISSIONER LETZ: It a part of their 6 growth to -- 7 MS. FERRERO: Yes. A capital improvement 8 plan, and it's an approval of that plan. 9 COMMISSIONER LETZ: Good. 10 JUDGE POLLARD: Any further comments or 11 questions? If not, those in favor of the motion signify 12 by raising your right hand. It's four zero, unanimous. 13 One abstention, myself. 14 COMMISSIONER REEVES: Send my regards to 15 Clay once more, please. 16 MS. FERRERO: I will do. I figured you 17 would have that comment, and I was going to do it. 18 JUDGE POLLARD: All right, there's two more 19 timed items. There's item 1.21 consider, discuss and 20 take appropriate action regarding the 2018 Memorial Day 21 Event. Maggie Baker. And that was scheduled at 10:15 22 a.m. We're now almost a half hour late getting to that. 23 Good morning, Maggie. 24 MS. BAKER: Good morning. I just wanted 25 just to announce our Memorial Event date this year. 83 1 It's going to be Monday, May the 28th, 12 o'clock noon. 2 And instead of having it at the Cailloux this year or 3 another big venue, we've decided we're going to hold it 4 right out here at our war memorial monument. Everything 5 will be the same except for the venue, and we won't have 6 a big speaker as we did last year. We do have a couple 7 of speakers that I am really trying to get. There's a 8 gentleman who's just turning 105 years old, a Navy 9 veteran, as well as an active-duty soldier who's had 10 five tours in Kuwait, Iraq and Afghanistan. And I just 11 wanted everybody to know about it. 12 COMMISSIONER MOSER: If it rains? 13 MS. BAKER: I'm working on tents, and some 14 tarps if it rains. I'm working on another venue, but 15 I'm not a hundred percent sure. 16 COMMISSIONER MOSER: So you have an 17 alternate venue? 18 MS. BAKER: Pardon. 19 COMMISSIONER MOSER: They'll be an alternate 20 venue if it rains? 21 MS. BAKER: Yes. 22 COMMISSIONER MOSER: Okay. Gotcha. 23 COMMISSIONER LETZ: No action today, just an 24 update? 25 MS. BAKER: Just an update yes, Sir. 84 1 COMMISSIONER BELEW: Thank you. 2 COMMISSIONER LETZ: Thank you. 3 JUDGE POLLARD: All right, there's another 4 timed item set at 10:30. We're about 15 minutes late 5 getting to that one. Item 1.24 consider, discuss and 6 take appropriate action to approve the Annual Financial 7 Report which includes the Independent Auditor's Report 8 and audited financial statements for the period ending 9 September 30, 2017. Brenda Doss. 10 MRS. DOSS: I'm going to introduce Debbie 11 Fraser who is a CPA and a partner with the firm of 12 Armstrong, Vaughan & Associates, and she's going to give 13 a small -- a short presentation. 14 MS. FRASER: I'm going to try to keep you on 15 schedule and not bore you too bad. But this year I'm 16 trying out a new thing, so we're going to -- you guys 17 are kind of the part of the guinea pig. But we have it 18 on screen, and we're going to try to go through it this 19 way. Brenda, if you could click that first careen. 20 So what is the Annual Financial Report? 21 Basically we have an introduction, an Independent 22 Auditor's Report, and the Independent Auditor's Report 23 basically is the opinion that we give. Then you have a 24 management discussion and analysis, and this is written 25 from your point of view on the full accrual financial 85 1 statement primarily and written by Brenda. 2 The next section is the government wide 3 financial statements. These are the full accrual 4 statements so you see things like all your capital 5 assets, your debt that's associated with those capital 6 assets, compensated absences, and your net pension 7 liability, which we have discussed for the past couple 8 years. 9 The fund financial statements are the next 10 section, and that's how you budget, those are the 11 financial statements without fixed assets, debt, but 12 your current resources only. 13 Then we have the note to the financial 14 statement, and then the required supplementary 15 information which gives you your budget to actual for 16 both your general fund and your Road and Bridge fund. 17 And then it also has three years of pension -- net 18 pension liability. Eventually it'll be ten years. Net 19 pension liability however is only on the full accrual 20 statement, we don't show it as part of your monetary 21 statement. 22 And then you have supplemental individual 23 and combining financial statements and schedules, and 24 then a compliance section. 25 The Independent Auditor's Report we're 86 1 guided, or our guidelines are generally accepted 2 auditing standards as well as the government auditing 3 standards. The purpose is to form an opinion so after 4 your financial statements -- after your financial 5 statements are prepared and your adjustment, we hope to 6 be able to tell you that your financial statements were 7 materially correct and fairly stated. You have received 8 an unmodified opinion, which is the best opinion you can 9 receive, and again after adjustments your financial 10 statements were fairly stated and materially correct. 11 As a side note we did prepare five adjustments; however, 12 one of those was given to us by Brenda so we kind of 13 have an internal contest in our office, the person or 14 the City or County that has the least amount of 15 adjustments we'll give a prize, so it's just cookies 16 that Brenda's going to get. But she had the least this 17 year. So yeah to her. 18 Next one the management discussion and 19 analysis again I went over that kind of quickly. It 20 starts on page 3, and it basically gives you an overview 21 of the financial statements in the written form, talks 22 about the financial analysis of your funds, capital 23 asset and debt, capital projects and expenditures and 24 request for information, any request that you have for 25 information, any request that somebody reading the 87 1 financial statements would have for information. 2 So this year on your governmental wide 3 statements again, this is your full accrual statement 4 you had -- your assets exceeded the liabilities by 49.2 5 million as of the end of the year, and your net position 6 decreased by 1.6 primarily due to increased public 7 safety and corrections expenditures. 8 Your deferred pension liability we'll get to 9 when we go to the RSI. Here's a snapshot of your net 10 position at the end of the year, which was 9-30-2017. 11 You had 28.4 million in net investment and capital 12 assets. Again this is all your fixed assets minus any 13 debt associated with that, plus any unspent funds for 14 capital projects. Then you have items that are 15 restricted for specific purposes such as Federal, State 16 grants, capital acquisition of contractual obligation, 17 your Road and Bridge. You had unrestricted, you see 18 there, of 13.8 million. So your total net position at 19 the bottom is 49.2. Again, this is on full accrual 20 basis. 21 On your fund financial statements your 22 general fund balance at the end of 2017 was 7.9 million. 23 A combined fund balance for all of your governmental 24 fund was 18.4 million. We always recommend, or GFOA 25 recommends that you have three to six months of 88 1 unassigned fund balance currently. You guys have four 2 months, a little over four months, of unassigned fund 3 balance, which covers basically four months of your 4 operating activity. The fund balance for the General 5 Fund increased by about $570,000.00. Most of this was 6 due to increased property tax receipts and other 7 revenue. Your combined fund balance decreased by ten 8 million primarily due to the capital outlay. You are 9 almost finished, we're almost finished at the end of the 10 year with your jail expansion. So this is a -- just a 11 snapshot of where you were 9-30-17, and at the bottom 12 number all the way across you had 18.4 million in your 13 total governmental fund. And as you see you had money 14 in general fund, Road and Bridge had 970,000, capital 15 projects fund still has 3.4 million in it. Center Point 16 Wastewater has close to 5 million in it. I want to 17 point out that some of those funds that are still held 18 in escrow by the State are not included in that number, 19 and then you also had one point -- almost 1.2 million in 20 other governmental fund. 21 Again I'd like to point out the first 22 column, second was 7.9 million, and that just 23 represented four months of operating activity. This 24 slide is your general fund in budget -- general fund 25 budget and actual, and it also has your 2016 information 89 1 in there, so you budgeted your total revenue of 25.2 2 million, which was your final budget. You actually 3 brought in 24.6 million so you had an unfavorable 4 variance of about 582,000 and all of that was in 5 basically revenue that was classified as other revenue. 6 Last year; however, you brought in 23.6 million so your 7 revenues increased about a million dollars from one year 8 to the next. 9 Your total expenditures were budgeted to be 10 25.1 million, you actually spent 23.8 million leaving 11 you with a favorable variance of 1.3 million. Your 12 expenditures exceeded last year's slightly. You had 13 22.2 last year in expenditures compared to 23.8 this 14 year. So you had budgeted to have an excess of revenues 15 of 89,000, you actually had in excess of 819,000, which 16 left you with a favorable variance of 730,000. 17 Go to the next one, please. I just want to 18 go to the third number from the bottom. You had 19 budgeted your total net change in fund balance after all 20 your transfers in and out to be a negative $366,000.00. 21 You actually had a positive of 570,000 leaving you with 22 a variable variance of $730,000.00. 23 The next line is the Road and Bridge fund. 24 Oooh, and it's teeny tiny. The total revenues were 25 about 2.8 million. You budgeted close to 2.8 million. 90 1 You brought in 31 thousand -- or you were favorably 2 budgeted at $31,000.00. Compared to last year which you 3 spent 2.8 million, so you actually spent about 30,000 4 more in the previous year than you did in the current 5 year. I'm sorry, brought in. 6 Your total expenditures were three -- 7 almost three and a half million for your final budget, 8 and you actually spent 3.1 leaving you with about 9 236,000 thousand in a positive various, and last year 10 you spent 3,142,420 compared against this year of 11 3,112,983, so about 30 thousand less was spent this year 12 than last year. 13 If you move to the third from the bottom 14 number you actually ended the year with a net change in 15 fund balance of a positive 113,180 and you had planned 16 to have a net loss of 155,000, so that ended up giving 17 you a $272,000.00 positive variance. 18 The next slide represents your net pension 19 liability, and I just want to point out a couple things 20 in this net pension liability. Again, this is invested 21 by TCDRS on your behalf so you send all your investments 22 for retirement to them, and they invest it on your 23 behalf, and every County belongs to TCDRS. So your net 24 pension liability this year was seven million dollars at 25 the end of the year. And if you'll notice that made up 91 1 about 88 percent -- or you had assets that covered about 2 88 percent of that. The GFOA recommends that you have 3 70 -- above 70 percent in this -- 4 COMMISSIONER MOSER: What kind of assets? 5 MS. FRASER: Well, it's what they've 6 invested, so it's a cash investment -- 7 COMMISSIONER MOSER: Okay, gotcha. 8 MS. FRASER: -- compared to what you owe. 9 So you have a very high percentage. In fact it's one of 10 the higher ones that we audit. Part of that is because 11 you've been in the system quite awhile, and people tend 12 to stay at the County. 13 So last year an interesting number is the 14 net investment income, which is 3.3 million, I guess, 15 three million in 2014. It went to a negative 375,000 in 16 2015. And then '16 it was up to close to 3.7 million. 17 That was due to changes in the actuarial assumption, and 18 then they reallocated their target allocation in 15 so 19 it came down when they sold most of their investments. 20 Any questions about that slide? And that is in your 21 report, coming straight from the report. The next 22 slide. This is the -- every year we give you a letter 23 of conduct on the audit, and basically talks about your 24 responsibility and our responsibility, you had no major 25 changes in your accounting policies. Your significant 92 1 accounting estimates were depreciation and the useful 2 lives of those capital assets. Fines receivable, 3 property taxes, and property taxes the allowance that 4 you estimate that you won't collect. Then we have that 5 net pension liability because that number is really an 6 estimate based on who retires when and how much you'll 7 owe them. And then you have OPED liabilities for the 8 retiree eventually so those are your estimates. 9 Your financial statement disclosures. 10 Anything if you're going to read some of these financial 11 disclosures, you want to read the net pension liability 12 as well as the OPED liability disclosures. 13 We had no significant difficulty encountered 14 during the audit. We had no uncorrected or corrected 15 misstatements that rose to the level of significance. 16 We did have a couple comments. The first 17 comment had to do with the deleted court tickets. 18 Again, this is kind of a comment that was on our first 19 audit, and were kind ever carrying it back, or we tested 20 them again pretty thoroughly. We tested 40. And so the 21 Court tickets currently are being deleted without noting 22 a reason for doing so, and because the deleted tickets 23 do not note reasons for the deletion this could result 24 in abuse of the deletion function, and those with access 25 can delete tickets that should not be deleted. Deleted 93 1 tickets should note a reason for the deletion going 2 forward. In addition review of the deleted tickets 3 should be performed periodically. This with noted 4 reasons should note an acceptable reason for deletion, 5 so we want you to put why this is being deleted and who 6 authorized it. 7 COMMISSIONER MOSER: What do you mean by 8 Court tickets? 9 MS. FRASER: So the tickets that are issued 10 by either DPS or your Sheriff's Office. 11 COMMISSIONER MOSER: Oh, okay. 12 JUDGE POLLARD: Traffic tickets or 13 violations. 14 MS. FRASER: Yeah. That go through the 15 Court system. 16 COMMISSIONER MOSER: Okay, gotcha. 17 COMMISSIONER BELEW: Get dismissed. 18 MS. FRASER: So any deleted ticket without a 19 noted reason should be investigated further. So that 20 was one comment. 21 And then the other comment refers to your 22 fixed assets, or your capital assets that you have 23 within the County. So basically we did a spot check, 24 and when we do the spot check, you know, we kind of pick 25 some and try to go find them in the County. And then we 94 1 also if we see some we try to find that on the County 2 fixed assets list. So we try to kind of go both ways. 3 And we picked 40 of each and tried to find those. We 4 did have instances where we could not find the fixed 5 assets, and mainly those were in your jail system, and 6 your Road and Bridge. So the County Auditor really has 7 no way of determining if those assets are there or not, 8 so we need to have the departments number 1 if there's 9 an asset sold or disposed of contact the County Auditor 10 and tell her when they were disposed of and why. 11 COMMISSIONER MOSER: Well, that's amazing 12 that you couldn't find assets, but yet you know this 13 morning Diane Bolin, Tax Assessor Collector eliminated 14 four chairs that didn't work. So there's a record of 15 that, so is it just a matter of not keeping the records? 16 MRS. DOSS: Most of these were really really 17 old assets from years ago, and -- 18 COMMISSIONER MOSER: Yeah, but then we had 19 records in those days. 20 MRS. DOSS: We couldn't find any records. 21 COMMISSIONER MOSER: Okay, all right. 22 MRS. DOSS: And we couldn't find the assets. 23 COMMISSIONER LETZ: What's the value that 24 you -- 25 MS. FRASER: Not a lot. 95 1 COMMISSIONER LETZ: I mean the value of the 2 ones that we track? 3 MS. FRASER: Oh, is it over a thousand? 4 MRS. DOSS: 500 at least. 5 MS. FRASER: We used to use 500, and so you 6 have a lot of 500's and so just clean those up, because 7 we don't want to estimate the value of your capital 8 assets. I also think that once a year each department 9 should do a physical inventory to make sure they can 10 find these fixed assets, and if they can't, you know, 11 maybe do a little research. 12 COMMISSIONER MOSER: That's kind of 13 significant. Things could be walking away we don't even 14 know it. One question on the City/County owned 50 15 percent of the assets of the airport. Are those 16 included, because I looked in here and you have our 17 assets of $45,886,000.00. Are those assets included in 18 this 45 million? 19 MS. FRASER: Some of them, yes. You have a 20 50 percent -- 21 COMMISSIONER MOSER: Because I know that in 22 the audit for the airport it said there were 18 million 23 dollars in assets so that means if I assume that audit 24 is correct that means 9 million belongs to the County, 25 so -- 96 1 MS. FRASER: So if you go to the statement 2 of financial position which is on page 15 and 16 you'll 3 see that we've recorded equity in the airport joint 4 venture of 9 -- almost -- 9 million one. 5 COMMISSIONER MOSER: Okay. So 9 million 6 would be about right. 7 MS. FRASER: No, we rely on the Auditor that 8 performs the airport audit, but yes. 9 COMMISSIONER MOSER: That's my question it's 10 there, okay. I'm surprised that our assets are only 45 11 million dollars, but anyway they just depreciate every 12 year. 13 MS. FRASER: Well, when you have loans, and 14 yes they depreciate every year. Yeah. Any other 15 questions? 16 JUDGE POLLARD: Does that include the value 17 of the real estate? 18 MS. FRASER: Well, remember the value or 19 when you record for accounting purposes it's not on 20 appraised value; it's on your historical cost. So your 21 real estate was probably purchased, you know this 22 building is completely depreciated. 23 COMMISSIONER LETZ: The airport's probably 24 the land. 25 JUDGE POLLARD: It's going to be understated 97 1 in as far as you're concerned in the audit, as far as 2 value's concerned? 3 MS. FRASER: Yeah. I mean -- an audit based 4 on historical costs; not on an appraised cost. 5 COMMISSIONER REEVES: And it's less debt, 6 correct? 7 MS. FRASER: Uh-huh. Yes, Sir. 8 COMMISSIONER REEVES: So brand new jail, we 9 have a debt against the jail. 10 MS. FRASER: You do, yes. 11 COMMISSIONER REEVES: So that reduces the -- 12 MS. FRASER: The actual asset, yeah. 13 COMMISSIONER REEVES: And as we pay off the 14 debt it comes up some less depreciation. 15 MS. FRASER: Yes, Sir. And if you look on 16 one of our notes it is -- I'm sorry, I'm sorry it's on 17 page 41 this is your capital assets, so you actually 18 have 89 million -- almost 89.9 million in capital 19 assets, and then you have 35 million depreciated in 20 those assets, leaving with you a value of 54 million. 21 But if you turn to the next page you also have debt of 22 29.5 million. 23 So most of the notes are pretty good about 24 defining what is recorded in the financial statements, 25 if you want to look further and find additional 98 1 information about assets and liabilities -- 2 COMMISSIONER MOSER: Okay. 3 MS. FRASER: There is a note in here that 4 also is about Center Point Project and the funds that 5 you received that might be interesting; not bedtime 6 reading, but again they might be interesting to you. 7 And that's on 54 and 55. 8 JUDGE POLLARD: Miss Fraser, I'm trying to 9 reconcile a couple of sentences in your -- the one that 10 start on page 1 the letter of introduction, and then 11 over on page 3 there's a statement under other reporting 12 of Government Auditing Standards. You say that in 13 accordance with Government Auditing Standards we have 14 also issued our report March 26, 2018. On our 15 consideration of Kerr County's internal control over 16 financial reporting and on our test of its compliance 17 with certain provisions and laws, regulations of 18 contracts, and grant agreements and other matters. It 19 goes on and talks about it a little further, and then we 20 go over to the letter dated that same date, it begins on 21 page 100, and then on page 101 there's a little short 22 paragraph there right above purpose of this report where 23 it says we noted certain matters that we have reported 24 management to Kerr County in a separate letter, is that 25 the stuff you're talking about -- 99 1 MR. FRASER: Yes, Sir. 2 JUDGE POLLARD: -- that you described. But 3 the separate letter itself is not in this report? 4 MS. FRASER: No, Sir. 5 JUDGE POLLARD: Okay. You got it right 6 there. 7 MS. FRASER: Oh, it's not separately in your 8 report? 9 COMMISSIONER BELEW: It was. 10 JUDGE POLLARD: All right. And it says in 11 here -- I got it. Okay, never mind. I guess I'm 12 satisfied with that. 13 Here on page 100 it says our consideration 14 of internal control over financial reporting was for the 15 limited purpose described in the first paragraph of this 16 section and was not designed to identify all 17 deficiencies and internal control. So I kind of read 18 the first one over here saying you were issuing an 19 opinion about internal control, and then in this one you 20 say we're not. So it kind of looks like -- I'm trying 21 to reconcile the two statements. 22 MS. FRASER: So are you -- are you talking 23 about in the difference between the Independent 24 Auditor's report and the Governmental Auditing 25 Standards? 100 1 JUDGE POLLARD: Yes. 2 MS. FRASER: Okay. In an independent 3 Auditor's Report we do look at internal control. For 4 the purpose of the report on internal control over 5 financial reporting and on compliance we're just looking 6 at compliance with internal control. 7 JUDGE POLLARD: Okay. 8 COMMISSIONER REEVES: Brenda, do you need us 9 to approve the audit? 10 MRS. DOSS: Yes. To accept it. 11 COMMISSIONER REEVES: I make a motion to 12 approve the -- 13 COMMISSIONER MOSER: Accept it; not approve 14 it. 15 MRS. DOSS: Accept it, yes. 16 COMMISSIONER REEVES: I make a motion to 17 accept the Annual Financial Audit, which includes the 18 Independent Auditor's Report and Audited Financial 19 Statements for the period of time September -- ending 20 September 30, 2017. Said audit was prepared by 21 Armstrong, Vaughan & Associates P.C. 22 COMMISSIONER BELEW: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Precinct 4, seconded by Commissioner Precinct 1 pursuant 25 the item 1.24 on the agenda and that is to consider, 101 1 discuss and take appropriate action to approve the 2 Annual Financial Report, which includes the Independent 3 Auditor's Report and Audited Financial Statements for 4 the period ending September 30, 2017 and prepared by 5 the -- 6 COMMISSIONER REEVES: Armstrong, Vaughan & 7 Associates. 8 JUDGE POLLARD: Yeah. 9 COMMISSIONER REEVES: And I worded it 10 accept. How do we need to accept or approve? 11 COMMISSIONER MOSER: Accept. 12 MRS. DOSS: Accept. 13 COMMISSIONER REEVES: Accept. That was the 14 wording; not approved. 15 JUDGE POLLARD: Is there any further comment 16 or discussion about the motion, or request? Then those 17 in favor of the motion signify by raising your right 18 hand. It's four zero, unanimous. One abstention, 19 myself. 20 All right. Let's go back to -- 21 COMMISSIONER REEVES: Thank you, Ma'am. 22 JUDGE POLLARD: 1.7 consider, discuss and 23 take appropriate action to approve proclamation to 24 declare May 3, 2018 National Day of Prayer, and allow 25 use of the courthouse grounds from 12:00 p.m. to 1:00 102 1 p.m. Mr. Danielson, how are you today? 2 MR. DANIELSON: Good. Good morning. 3 JUDGE POLLARD: A lot of gobbledygook takes 4 place before getting to you. Sorry about the delay. 5 MR. DANIELSON: Not a problem. I appreciate 6 for your time. The is just on behalf of the Kerr 7 Ministerial Alliance we're just asking in your 8 participation again as we celebrate another National Day 9 of Prayer, and we'll do it out at the flagpole as we've 10 done in years past, and years past. Like to do it again 11 that way this year where you guys, or some or all of 12 you, it's up to all of you that are available, read the 13 Proclamation and open the meeting. And then we'll pray 14 for an hour for our County and our State and our Nation 15 and we'll be done. 16 JUDGE POLLARD: Thank you, Sir. 17 COMMISSIONER LETZ: I appreciate it. I move 18 that we approve the Proclamation declaring May 3rd as 19 National Day of Prayer, and to utilize courthouse square 20 as -- 21 JUDGE POLLARD: And allow the use of 22 courthouse grounds from 12 p.m. to 1 p.m., from noon to 23 1 p.m. 24 COMMISSIONER MOSER: Second. 25 JUDGE POLLARD: All right, been moved by 103 1 Commissioner Precinct 3, seconded by Commissioner 2 Precinct 2, this is item 1.7 on the agenda, to approve 3 the Proclamation to declare May 3rd, 2018 National Day 4 of Prayer and allow the use of the courthouse grounds 5 from 12 noon to 1 p.m. that day. Is there any further 6 comment or discussion? There being none those in favor 7 of the motion signify by raising your right hand. It's 8 four zero, unanimous. One abstention, myself. Thank 9 you Mr. Danielson. 10 MR. DANIELSON: Thank you. Appreciate you 11 very much. 12 JUDGE POLLARD: All right, item 1.10 13 consider, discuss and take appropriate action to approve 14 an increase of the passport acceptance fee, also known 15 as the execution fee, from $25.00 $35.00 beginning 16 Monday, April 2nd, 2018 per the U.S. Department of State 17 Passport Office of Management and Budget. We going to 18 execute these people? Well, that's what it says, 19 execution fee. 20 MS. BURLEW: Well, it's called an execution 21 fee. It's actually like when we accept the applications 22 they're wanting -- well, they're giving the passport 23 agents the option -- well, not really an option, but 24 want us to increase the fees to 35 instead of 25, so 25 that means we get to collect that and keep it, the 104 1 $35.00. 2 COMMISSIONER MOSER: So that's a 40 percent 3 increase. That's a big increase. 4 MS. BURLEW: I know, right. 5 JUDGE POLLARD: And you get to keep it? 6 MS. BURLEW: We get to keep the whole 7 $35.00, so yeah. We took over 450 passports last year 8 and then collected anywhere from about 14 or 15 thousand 9 dollars. And that was just the $25.00 fee. 10 COMMISSIONER MOSER: So still just a 11 question is why 40 percent increase? 12 MS. BURLEW: I don't know. That was -- 13 they didn't give us an option. 14 COMMISSIONER REEVES: We're going to -- in 15 the backup you sent us it ways all Acceptance Facilities 16 must collect it, and this came from -- 17 COMMISSIONER MOSER: Oh, we must collect it. 18 MS. BURLEW: Yeah. 19 COMMISSIONER MOSER: And then we get to keep 20 it. 21 MS. BURLEW: We get to keep it. 22 JUDGE POLLARD: No discretion. They're 23 going to shove it down our throat. 24 COMMISSIONER BELEW: Shove that raise down 25 your throat. 105 1 COMMISSIONER MOSER: Oh, that's just the 2 opposite of unfunded mandates. 3 JUDGE POLLARD: It is. 4 COMMISSIONER MOSER: Yeah. It's funded 5 mandates. 6 JUDGE POLLARD: Funded mandates. 7 COMMISSIONER MOSER: By God let's make a 8 record of that. 9 COMMISSIONER LETZ: I don't know if I'd go 10 that far. We are required to do a lot of the processing 11 which is more complicated than before. 12 COMMISSIONER BELEW: Does this have anything 13 to do with like Homeland Security stuff and that sort of 14 thing? I mean do we have to file extra reports? 15 MS. BURLEW: No, we don't have to file any 16 reports; we just accept the applications and get them 17 submitted daily to the passport facility. 18 JUDGE POLLARD: All right. Is there a 19 motion? 20 COMMISSIONER LETZ: I move that we approve 21 the increase of the passport acceptance fee -- 22 COMMISSIONER BELEW: He's dumbfounded. 23 COMMISSIONER LETZ: From 25 to $35.00 24 beginning April 2nd, 2018. 25 MS. BURLEW: So if you don't have your 106 1 passports you better get them before April. 2 COMMISSIONER REEVES: I'll second. 3 JUDGE POLLARD: Been moved by Commissioner 4 Precinct 3, seconded by Commissioner Precinct 4 to 5 approve item 1.10 of the agenda, the increase of the 6 execution fee from $25.00 to $35.00 for passport -- 7 it's called a passport acceptance fee. This is 8 effective beginning Monday April the 2nd, 2018 and this 9 is all pursuant to the U.S. Department of State Passport 10 Office of Management and Budget. Is there any further 11 discussion or comment? There being none those in favor 12 of the motion signify by raising their right hand. It's 13 four zero, unanimous. One abstention, myself. 14 1.11 consider, discuss and take appropriate 15 action on request to authorize County Judge to prepare 16 letter approving the sale of alcohol at the Monster 17 Truck Show being held on April 13th and 14th at the Hill 18 Country Youth and Event Center. Letter to be sent to 19 the Texas Alcoholic Beverage Commission(TABC). Mr. 20 Williamson. Howdy. 21 MR. WILLIAMSON: Good morning, Your Honor, 22 Commissioners. Thanks for taking the time today. We 23 had an event call and scheduled to use the outdoor arena 24 April 13th and 14th. We would like to open up and sell 25 beer at that event to the patrons that attend. And we 107 1 request for the letter. 2 COMMISSIONER MOSER: We should say in this 3 sale of beer and not alcohol. 4 MR. WILLIAMSON: The letter does state beer. 5 COMMISSIONER MOSER: I'm saying the agenda 6 item says sale of alcohol; it should say sale of beer. 7 MR. WILLIAMSON: Correct, Sir. 8 COMMISSIONER REEVES: That's what the letter 9 says. 10 JUDGE POLLARD: Okay, you move? 11 COMMISSIONER MOSER: Yeah. Is there a 12 second? 13 COMMISSIONER REEVES: Second. 14 JUDGE POLLARD: Okay, moved by Commissioner 15 Precinct 2, seconded by Commissioner Precinct 4 all 16 pursuant to item 1.11 of the agenda, and that is to 17 approve and authorize the County Judge to prepare a 18 letter-- to sign and prepare a letter approving the sale 19 of alcohol at the Monster Truck Show -- 20 COMMISSIONER MOSER: Beer. 21 COMMISSIONER LETZ: Sale of beer. 22 JUDGE POLLARD: Pardon. 23 COMMISSIONER MOSER: Sale of beer. 24 JUDGE POLLARD: Okay. Being held on April 25 13th and 14th at the Hill Country Youth Event Center. 108 1 Now, that letter's to be sent to the Texas Alcoholic 2 Beverage Commission. Is there any further comment or 3 discussion? 4 COMMISSIONER LETZ: I'll make a quick 5 comment. Jake, you're doing a great job. Our venues 6 are -- the use of that facility is increasing and this 7 is another one, and those who haven't looked at the 8 financials, we're doing better than projected for the 9 year so far. 10 JUDGE POLLARD: All right, if there are no 11 further comments those in favor of the motion signify by 12 raising your right hand. It's four zero, unanimous. 13 One abstention, myself. 14 1.12 consider, discuss and take appropriate 15 action to approve Kerr County property renewal 16 questionnaire with Texas Association of Counties Risk 17 Management pool which will renew July 1, 2018, and have 18 the County Judge sign same. Hi, Dawn. 19 MRS. LANTZ: Good morning. This is our 20 usual thing that we do once a year to renew all of our 21 properties. Brenda, the Auditor, has gone over 22 everything and issued the attachment with what some of 23 the property changes we've made, or deletions that we 24 made, so we need to submit this to TAC in order for them 25 to renew our property. 109 1 There is one question on our questionnaire, 2 and that's number 12. This year they've increased our 3 crime limit from 100,000 to 250,000 at no additional 4 charge, but one of the questions if we were wanting to 5 increase that to 500,000, so that is up to the Court if 6 they want to leave it at 250, or if we increase it 7 we'll see a premium addition of 1875. We normally just 8 take whatever they cover at no extra cost. 9 COMMISSIONER LETZ: Then leave it where it 10 is. 11 COMMISSIONER BELEW: Yeah. 12 COMMISSIONER REEVES: Take the increase it 13 doesn't cost us anything? 14 MRS. LANTZ: Correct. 15 JUDGE POLLARD: Is there a motion? 16 MRS. LANTZ: And with this new property 17 schedule you should have everything to do with the 18 completion of the jail, and what the new cost is on that 19 as well. 20 COMMISSIONER LETZ: I make a motion that we 21 approve the Kerr County Property Renewal Questionnaire 22 with the Texas Association of Counties Risk Management 23 Pool, and then with that questionnaire includes the 24 submission of the list of properties as presented. 25 COMMISSIONER BELEW: Second. 110 1 JUDGE POLLARD: And authorize the County 2 Judge to sign same? 3 COMMISSIONER LETZ: Yes. 4 MRS. LANTZ: Did you want to leave the 250 5 as is? 6 COMMISSIONER LETZ: Yes. 7 COMMISSIONER REEVES: Yes. 8 JUDGE POLLARD: Any further comment or 9 discussion, questions? If not those in favor of the 10 motion signify by raising your right hands. It's four 11 zero, unanimous. One abstention, myself. 12 Item 1.14 consider, discuss and take 13 appropriate action to approve a donation of $2,700.00 to 14 our Donation Equipment Fund 72 to be used to purchase 15 taser cartridges for recertification of officers. 16 Sheriff Hierholzer. 17 SHERIFF HIERHOLZER: Every year officers 18 once a year are required to certify the use of tasers, 19 just like they use firearms, they gotta requalify every 20 year. Those taser cartridges to recertify our officers 21 cost $2,700.00. We have a lady that donates to our 22 department, as y'all had me here before in the past she 23 wanted to stay anonymous said she wanted to make a 24 donation of that $2,700.00 to pay for these cartridges. 25 And that donation should go to the Sheriff's Office 111 1 Donation Equipment Fund 72 to the pay for those items. 2 COMMISSIONER REEVES: I make a motion to 3 approve anonymous donation of $2,700.00 to be placed in 4 the Donation Equipment Fund 72 to be used to purchase 5 taser cartridges for the recertifications of their 6 officers. 7 COMMISSIONER BELEW: Second. 8 JUDGE POLLARD: Been moved by Commissioner 9 four, seconded by Commissioner Precinct 1, all pursuant 10 to item 1.14 of the agenda, and that is to approve the 11 donation and acceptance of the donation of $2,700.00 to 12 our Donation Equipment Fund 72 to be used to purchase 13 taser cartridges for recertifications of officers. Is 14 there any further comment or discussion? 15 SHERIFF HIERHOLZER: The reason I bring this 16 all donations donated to any department in the County 17 must go directly to Commissioners' Court and go to 18 general funds unless the Court does and names it for a 19 special use. And that's why I bring this to you. 20 JUDGE POLLARD: All right, if there's no 21 further comment or question then those in favor of the 22 motion signify by raising your right hands. It's four 23 zero, unanimous. One abstention, myself. 24 Item 1.15 consider, discuss and take 25 appropriate action to approve Change Order Number 07 for 112 1 Kerr County Jail Expansion as submitted, and authorize 2 the County Judge to sign same. Sheriff Hierholzer. 3 SHERIFF HIERHOLZER: Hopefully we're getting 4 close to winding down all this expansion stuff and being 5 done with it. They'll be probably one or two more 6 change orders to rap up the rest of it. Some of it may 7 be coming back to the County from Huser. But this one 8 is in the amount of $46,339.00. It mainly covers three 9 different items to be paid to Huser. One was $19,063.00 10 for revised corrections to the smoke evac system. 11 18,000 is extended general contractors for time in 135R, 12 which would have been revised corrections for the smoke 13 and evac system, and then 18 thousand for cost of 14 service agreement being the 42,627 and it being -- 15 coming to a total to reconcile the betterment fund 16 bringing it to the 46,339. 17 COMMISSIONER MOSER: With approval of these 18 where did you stand on the total cost compared to -- 19 SHERIFF HIERHOLZER: You would have to ask 20 the Auditor on that. 21 COMMISSIONER MOSER: Ballpark. 22 SHERIFF HIERHOLZER: We're about a half 23 million dollars in the good. 24 COMMISSIONER MOSER: Okay, that's good 25 enough. 113 1 SHERIFF HIERHOLZER: That's about where we 2 are. 3 COMMISSIONER BELEW: Well, I move for 4 approval of the Change Order Number 07 for Kerr County 5 Jail Expansion submitted by the Sheriff, and authorize 6 the County Judge to sign the same. 7 COMMISSIONER MOSER: Second. 8 JUDGE POLLARD: It's been moved by 9 Commissioner Precinct 1, seconded by Commissioner 10 Precinct 2, this is having to do with item 1:15 of 11 today's agenda, and that is to approve the Change Order 12 Number 07 for the Kerr County Jail Expansion as 13 submitted and in the agenda package, and authorize the 14 County Judge to sign same. That figure change order 15 totalling, I think the Sheriff said $46,331.00? 16 SHERIFF HIERHOLZER: 46,339. 17 JUDGE POLLARD: 339. All right, is there 18 any further comment or discussion? 19 COMMISSIONER REEVES: I assume in a 20 subsequent change order some of that money will be 21 coming back from -- because of the smoke evac problems 22 that we discussed in the meeting at the jail? 23 SHERIFF HIERHOLZER: I'm assuming that, too. 24 I have not seen that. There was an agreement reached of 25 30 thousand to be reimbursed, and I have not seen that 114 1 funding yet. I don't know where the architect is on 2 acquiring that. 3 COMMISSIONER REEVES: But there is a 4 $30,000.00 sum that we had agreed to. 5 SHERIFF HIERHOLZER: Yes, that the 6 mechanical engineers agreed to reimburse the County for 7 those issues. 8 COMMISSIONER REEVES: Thank you. 9 JUDGE POLLARD: If the there's no further 10 comment or question those in favor of the motion signify 11 by raising your right hands. It's four zero, unanimous. 12 One abstention, myself. 13 Item 1.17 consider, discuss and take 14 appropriate action on request to place signs on the 15 courthouse lawn for the mental health awareness month in 16 May of 2018. Guillermo Morales, how are you today? 17 MR. MORALES: Good morning, Sir. Yes, Sir. 18 JUDGE POLLARD: Sorry we took so long to get 19 to you. 20 MR. MORALES: That's all right. Also known 21 as Willie. 22 JUDGE POLLARD: Willie? 23 MR. MORALES: Yes, Sir. 24 JUDGE POLLARD: Willie Morales. 25 MR. MORALES: Yes, Sir. I'm a board member, 115 1 current board member with the Kerrville Affiliate of the 2 National Alliance on Mental Illness. Now, the National 3 Alliance on Mental Illness is a national organization 4 headquartered out of Virginia, but there is a state 5 organization in Austin. And Kerrville has an affiliate 6 tied to both of these organizations. Now, NAMI 7 Kerrville is a 501C3 Non-profit organization. It's been 8 in existence in Kerrville since approximately 1989. In 9 the past hasn't been as active, and we're looking 10 forward to changing that and become more involved in 11 certainly the Kerrville community, but the outlying 12 communities as well. And the purpose of NAMI Kerrville 13 is to inspire others to raise awareness and taking part 14 of sharing information, resources, and support for 15 individuals with mental health conditions and their 16 family members. 17 We will be out at various locations during 18 May, mental health awareness month, to provide 19 information about mental illness, education, support and 20 and advocacy. 21 I'm here before the Court this morning to 22 seek permission to place signs on the courthouse lawn. 23 These will be signs that are similar to the 24 electioneering-type signs, they're 18 inches by 24 25 inches, a sample of the image that will be displayed on 116 1 these signs I'm currently passing out to you. I'm 2 asking to place these signs on the courthouse lawn, so 3 that they can be viewed from the adjoining streets. We 4 plan to place them out the early part of May, and in 5 view of the activities that will take place here at 6 Memorial Day to remove these signs prior to those 7 activities. 8 COMMISSIONER BELEW: Are you wanting the 9 north -- I mean the south -- the western corner? 10 MR. MORALES: The two main streets that I 11 want to cover is of course Main Street and Sidney Baker. 12 But I would also like to place a sign on the approaches 13 to courthouse entrances. 14 JUDGE POLLARD: On Earl Garrett and maybe 15 Jefferson? 16 MR. MORALES: Yes, Sir. So we're talking 17 about maybe 15 the 20 signs of this size. 18 COMMISSIONER BELEW: I move that we -- let's 19 see if I read it right here. That we authorize the 20 request -- is that the appropriate -- okay. To place 21 the signs on the courthouse lawn for mental health 22 awareness month, the month of May, 2018. 23 COMMISSIONER REEVES: Second. 24 JUDGE POLLARD: Been moved by Commissioner 25 Precinct 1, and seconded by Commissioner Precinct 4, 117 1 this is pursuant to item 1.17 of the agenda, to approve 2 placing the signs on the courthouse lawn for mental 3 health awareness month in May, 2018 and the sign has 4 been exhibited and it will be included in the record, 5 and so we approve this particular sign. 6 MR. MORALS: Yes, Sir. That is the image 7 that will be displayed. There will not be any other 8 changes to it. 9 JUDGE POLLARD: Okay. And you're wanting to 10 display those on -- actually concentrate them on the two 11 main thoroughfare streets, which is Main and Sidney 12 Baker, but you also want to place signs not so 13 concentrated on Earl Garrett and Jefferson, is that 14 correct? 15 COMMISSIONER LETZ: I'd like to comment on 16 that part. I would request that you get with 17 maintenance -- or interim maintenance supervisor, Shane. 18 And I don't really want them scattered all over, but I 19 think the impact we have found to the public is best if 20 they're kind of in a group. From kind of on this corner 21 up kind of the intersection of Sidney Baker and Main 22 Street, and I mean that is a good location. I'd rather 23 have them at that location, maybe two locations rather 24 than have them spread out for maintenance and mowing and 25 all that. 118 1 MR. MORALES: I understand. 2 COMMISSIONER LETZ: And speak to Shane Evans 3 on the exact place. 4 MR. MORALES: Certainly. 5 COMMISSIONER BELEW: Thank you, Mr. Morales. 6 MR. MORALES: Thank you. 7 COMMISSIONER MOSER: Willie. 8 COMMISSIONER BELEW: Guillermo. 9 COMMISSIONER MOSER: No. It's Willie. 10 JUDGE POLLARD: No. It's Willie. Do you 11 want to modify what you said? 12 COMMISSIONER LETZ: Well, their motion's 13 general, and you got more specific than I would get in 14 the motion. 15 JUDGE POLLARD: All right. We'll just vote 16 on the motion. All right, those in favor of the motion 17 signify by raising your right hand. It's four zero, 18 unanimous. It passes. 19 Item 1.18 consider, discuss and take 20 appropriate action to determine whether to allow the 21 retail fireworks permit holders to sell fireworks to the 22 public in celebration of San Jacinto Day pursuant to 23 Texas Occupations Code, Section 2154.202(h). 24 If you look in your agenda package, and 25 there's a quote. If the Court permits to sell fireworks 119 1 during this period the order must be adopted before 2 April 1 for the San Jacinto Day period. If the Court 3 does not wish to permit the sale of the fireworks during 4 this period no action is required. And that fireworks 5 that are being restricted there were defined as sky 6 rockets with sticks and missiles with fins. Is there 7 any question or comment? Is there a motion? 8 COMMISSIONER MOSER: Is there a date for San 9 Jacinto Day that we should put in there? 10 MRS. GRINSTEAD: It's on the order. 11 COMMISSIONER LETZ: April 21st. 12 MRS. GRINSTEAD: But there's a certain time 13 frame on that order, too. 14 JUDGE POLLARD: It's April 16 midnight to 15 April 21st. All right, is there a motion? All right, 16 and that's what we want to do? The lack of a motion -- 17 COMMISSIONER REEVES: Lack of a motion they 18 can't sell them. 19 MRS. STEBBINS: That's correct. 20 COMMISSIONER BELEW: They can't sell the 21 ones with -- 22 COMMISSIONER REEVES: They can't sell any of 23 them on this holiday if we don't take any action. 24 MRS. STEBBINS: This is the time of year 25 there are several instances in the law that provide that 120 1 there are a handful of holidays where if the Court wants 2 to allow sale during those times the Court can allow 3 sales by action; otherwise they can't sell them. 4 COMMISSIONER REEVES: No action means no 5 sell. 6 JUDGE POLLARD: Okay, and no one wants to 7 make a motion, is that correct? 8 COMMISSIONER LETZ: One thing, and I would 9 make this -- I see the Sheriff's still here, and I know 10 he knows, Mr. W -- the owner of Mr. W, is that the one? 11 Yeah, I would like to hear from the fireworks company. 12 I mean I don't have of a preference one way or the 13 other. If they really want to sell them on these days 14 I wish they'd come and ask us. 15 COMMISSIONER REEVES: The last time for 16 Independence Day we took no action, and that didn't 17 matter to them, they started shooting off on March 2nd 18 real loud about ten o'clock. 19 SHERIFF HIERHOLZER: I do know the owner of 20 Mr. W, went to Sunday school together. So I don't have 21 a problem mentioning that to him this coming Sunday, and 22 just tell him if they would like to they can visit, but 23 it'll be after the April one. 24 COMMISSIONER LETZ: That's what I'm saying, 25 more in the future. It makes no difference to me one 121 1 way or the other. If they really want to sell them and 2 there's a big need, I don't really have a problem with 3 it. It's just you know -- 4 COMMISSIONER BELEW: Well, it is something. 5 Celebrate Texas it generates commerce, I don't see why 6 we should not have it. 7 COMMISSIONER LETZ: If you make a motion 8 I'll second. 9 COMMISSIONER BELEW: I'll make the motion. 10 COMMISSIONER LETZ: Second. 11 JUDGE POLLARD: Your motion's what? 12 COMMISSIONER BELEW: My motion is to take 13 the appropriate action to determine whether to allow the 14 retail fireworks permit holders to sell fireworks to the 15 public on San Jacinto Day pursuant to Texas Occupations 16 Code, Section 2154.202(h). 17 JUDGE POLLARD: All right, the appropriate 18 action that you reference is to permit the same. 19 COMMISSIONER BELEW: To permit the sale on 20 that day. 21 JUDGE POLLARD: All right. In celebration 22 of San Jacinto Day. 23 COMMISSIONER REEVES: Do they have 24 restriction for bottle rockets with fins, or can they 25 sell everything? 122 1 COMMISSIONER BELEW: I think they should 2 have the restriction of bottle rockets with fins that 3 we've had in the past. 4 COMMISSIONER REEVES: That they cannot. 5 COMMISSIONER BELEW: That they cannot. 6 JUDGE POLLARD: Is there a second? 7 COMMISSIONER LETZ: I seconded already. 8 JUDGE POLLARD: Been seconded by 9 Commissioner Precinct 1 -- no, moved by Commissioner 10 Precinct 1, seconded by Commissioner Precinct 3 to allow 11 the sale of these -- let's see, they're called sky 12 rockets with sticks and missiles with fins. 13 COMMISSIONER BELEW: No. We want to exclude 14 those, and sell all the other fireworks and exclude 15 those. 16 JUDGE POLLARD: All the other fireworks. 17 I'm not sure we even need a motion then because I don't 18 think -- 19 MRS. STEBBINS: We do need a motion. 20 COMMISSIONER REEVES: We do need a motion. 21 MRS. STEBBINS: If they're going to sell 22 during this time you gotta give them permission to do 23 it. 24 COMMISSIONER REEVES: The next one we don't 25 need a motion for Cinco De Mayo they can sell them. 123 1 Because we're within a hundred miles of the river. 2 JUDGE POLLARD: All right. 3 COMMISSIONER MOSER: Okay, so we said they 4 can sell it but they can't sell them with missiles with 5 fins, and other trajectory. 6 JUDGE POLLARD: Any comment about the motion 7 or questions? If not those in favor of the motion 8 signify by raising your right hands. It's four zero, 9 unanimous. One abstention, myself. 10 Item 1.20 consider, discuss and take 11 appropriate action for a Resolution regarding an 12 alternate thoroughfare between Highway 27 and Highway 16 13 and east of Riverhill Blvd. 14 COMMISSIONER MOSER: When the TxDOT was here 15 at a County Commissioners' Court session and briefed us 16 on their plans, and I asked if there was anything 17 regarding looking at an alternate thoroughfare for River 18 Hills Blvd. they said no, and I said what could we do to 19 get that in the request, and they said have a Resolution 20 passed by Commissioners' Court. So I prepared a 21 Resolution to do that. And I will read it into the 22 record. And the purpose of it is to request TxDOT to 23 include in their Statewide Transportation Improvement 24 Program, STIP, or other applicable programs since they 25 have several of them a thoroughfare between Highway 173 124 1 and Highway 16, in close proximity to the end of loop -- 2 southern end of Loop 534. 3 And the Resolution reads: 4 Whereas, the only current and frequently 5 used thoroughfare for vehicular traffic is River Hills 6 Blvd., a residential street through a densely populated 7 area, and 8 Whereas, the use of River Hills for 9 non-local traffic is dangerous to residents and 10 travelers, especially since there are no pedestrian 11 walkways, and 12 Whereas -- stand by, just skipped too far 13 here. Kerr County anticipates significant growth and 14 increase in traffic in this area because of major 15 infrastructure improvements, for example the 50 million 16 dollar sewer system in East Kerr County for 900 17 properties, Schreiner Municipal Airport, the newly 18 constructed Hill Country Youth Exhibit Center, and 19 pending TxDOT improvements on Highway 27 east of Loop 20 534, and 21 Whereas, the number of large vehicles(, 22 semi-trucks and recreational vehicles)in the area is 23 increasing because of nearby gravel mining operations 24 and new RV parks along Guadalupe River, and 25 Whereas, the southbound traffic on Loop 534 125 1 is increasing because of the VA Hospital, a high school, 2 a large church, a new apartment project, and new 3 businesses and other new developments, and 4 Whereas, traffic could increase because of 5 anticipated and encouraged development in the area of 6 grape vineyards, wineries, olive groves and other craft 7 agriculture entities. 8 Therefore, Kerr County Commissioners' Court 9 request Texas Department of Transportation include, as 10 soon as possible, in the Statewide Transportation 11 Improvement Program or other applicable programs a 12 thoroughfare between Highway 173 and Highway 16 in close 13 proximity to southern end of Loop 534. 14 That's it. I make a motion. 15 JUDGE POLLARD: That was wordy. 16 COMMISSIONER MOSER: I know it. Good words. 17 Written like a lawyer. 18 JUDGE POLLARD: Good words. All right, any 19 comments or motions? 20 COMMISSIONER MOSER: I make a motion that we 21 accept this Resolution and sign -- have all members of 22 Commissioners' Court sign same. 23 COMMISSIONER LETZ: I'll second, but I have 24 a comment also. 25 JUDGE POLLARD: You're what? 126 1 COMMISSIONER LETZ: I'll second, but I have 2 a comment. 3 JUDGE POLLARD: All right. Comment. 4 COMMISSIONER LETZ: The comment, I mean I 5 have no problem with this, and this has been discussed 6 with the City on their last thoroughfare plan. Plan to 7 on the next thoroughfare plan. You know, I really don't 8 know that it's a whole lot our business. River Hills 9 Blvd. is a City street. And to me this is more of a 10 City problem. If it helps move something, I guess 11 that's fine. I think a -- you know I have no problem 12 doing this because it really isn't anything. Other than 13 we think it needs to happen in the future, but I think 14 at the same time remember it seems a little bit odd that 15 we're taking the lead on it when it's a City street. 16 COMMISSIONER BELEW: I agree with that. 17 COMMISSIONER MOSER: Well, here's the thing. 18 We know it's an issue in the County, it's in Precinct 2. 19 I know it's an issue. And the thing is the alternate 20 may or may not be in the City. And there's a lot of 21 people that live in Precinct 2 and that part of the 22 County that transverse north and south across there, so 23 it may be a problem -- 24 JUDGE POLLARD: I'm one. 25 COMMISSIONER MOSER: And you're one. So 127 1 it's appropriate whether it's helping River Hills Blvd. 2 or not. And there was at one time the City had that in 3 their major thoroughfare plan and they eliminated that. 4 COMMISSIONER LETZ: I put it there; they 5 took it out. 6 COMMISSIONER MOSER: I didn't say -- I say 7 they eliminated it, so therefore I support you in your 8 previous thing. So this is to reemphasize what you 9 tried to do before. I don't know why the City 10 eliminated it. But this is to put emphasis, they need 11 to do something. And notice in here I didn't say 12 anything about traffic circles, even though I had it in 13 there at one time. 14 COMMISSIONER BELEW: Well, if they eminent 15 domain their way through some County property out there 16 they'll have a lot of people upset with you. 17 COMMISSIONER MOSER: There's no County 18 property. 19 COMMISSIONER BELEW: Well, if it's all City 20 property then I don't think we oughta get involved. 21 It's City property out to Comanche Trace, isn't it? 22 COMMISSIONER MOSER: No, no. Absolutely 23 not. No. 24 COMMISSIONER BELEW: None of them on that 25 road is City property? 128 1 COMMISSIONER MOSER: People's property, a 2 lot of private property in there. 3 COMMISSIONER BELEW: You're talking about -- 4 COMMISSIONER MOSER: I'm talking about 5 between Highway 173 and 16. 6 COMMISSIONER REEVES: A lot of it's already 7 in the City. It's all ETJ. 8 COMMISSIONER BELEW: Yeah. 9 COMMISSIONER LETZ: To be consistent, and I 10 don't have a real problem with it, and the reason I 11 seconded it, is the City didn't raise the issue about 12 the entrance into Comanche Trace about being a safety 13 problem until we did. So, you know, we've done this 14 before. It isn't like we've never gotten involved if 15 the City isn't doing it, we're just saying basically it 16 needs to be looked at it. Whether something ever 17 happens, I don't know how you would do it, it would be a 18 lot, a very difficult project to do. But it doesn't 19 mean we shouldn't say hey there's a problem here on 20 River Hills Blvd. and I certainly agree with that. 21 COMMISSIONER MOSER: That's what it says, 22 take a look at it. 23 COMMISSIONER REEVES: And I tend agree with 24 that. And there is a need to get from Medina Highway to 25 Bandera Highway at the very least. And yes, it's the 129 1 majority of it's going to be City and ETJ, if not all of 2 it, but it's going to relieve some pressure all way 3 around. And that's the only reason I would go with 4 this. 5 COMMISSIONER BELEW: But it's a City issue. 6 JUDGE POLLARD: Even though it's all City 7 property, I think we're permitted to state an opinion if 8 we want to, and you might call it a communication to the 9 City, in addition to TxDOT and so they can put it in the 10 funding process. 11 COMMISSIONER BELEW: Like a friend of the 12 Court brief sort of thing? 13 JUDGE POLLARD: Yeah. And since we can't 14 communicate with them other than through a public 15 meeting here we're doing it legally this way. Okay. 16 COMMISSIONER LETZ: That's fine. 17 JUDGE POLLARD: Any further comment or 18 discussion about it? All right, if none those in favor 19 of the motion raise your right hand. It's four zero, 20 unanimous. One abstention, myself. 21 COMMISSIONER MOSER: Thank you. 22 JUDGE POLLARD: Item 1.22 consider, discuss 23 and take appropriate action to solicit Request for 24 Qualifications (RFQ) for professional services for Kerr 25 County properties as needed. Commissioner Letz and 130 1 Commissioner Reeves. That's kind of a general thing. 2 COMMISSIONER LETZ: Well, it's a result of 3 probably three meetings ago on the agenda it was Peter 4 Lewis to do some work on the downstairs and out there, 5 and then the response was -- the feedback was that we 6 need to go out and get some other proposals. Well, I 7 started doing that but these are professional services, 8 we can't do that. So if we're going to do that we need 9 to do an RFQ. And I think that's probably a good idea 10 to do an RFQ for, you know, limited architectural 11 services as designated by the Court, so it would be 12 project by project, but kind of like we do go out for 13 bids for Road and Bridge, and we've done it for 14 maintenance. If we need it we have someone we can go 15 talk to and they'll bill us at a certain set rate. 16 COMMISSIONER BELEW: Is that because the 17 dollar amount, or just because of the nature? 18 COMMISSIONER LETZ: You can't negotiate with 19 professional services, you can't talk about money. 20 COMMISSIONER BELEW: The nature of the 21 service. 22 MRS. STEBBINS: Uh-huh. 23 COMMISSIONER LETZ: So it may end up 24 costing us more. Who knows. But anyway, so that's why 25 I put it on the agenda. 131 1 I really think when you look at the Juvenile 2 Detention Facility we really need to look at that 3 facility professionally, engineer wise and architect, 4 and engineer can be hired by the architect. See what we 5 want to do there from the standpoint of what those 6 buildings look like. Downstairs, you know, at some 7 point we're going to need an architect for any of these 8 projects. So I mean, you know, it doesn't mean we have 9 to use that architect for this. I mean just courthouse 10 square stuff, animal service possibly, the detention 11 building, just so we have somebody, so it would be a 12 general RFQ for architectural design services. 13 COMMISSIONER MOSER: We can solicit RFQ's 14 for professional services. 15 COMMISSIONER LETZ: Right. 16 COMMISSIONER MOSER: So this says action to 17 solicit RFQ's, so we can do that. 18 COMMISSIONER LETZ: Right. But the Court 19 last time said go talk to -- go find some more 20 architects and get their price, and my reaction of 21 coming back to the Court and saying we can't do that but 22 we can do an RFQ, and if the Court's ready with that 23 I'll work to get RFQ. 24 COMMISSIONER MOSER: Well, what action is 25 required, I don't understand. 132 1 COMMISSIONER REEVES: We need to authorize 2 to solicit Request for Qualifications. 3 COMMISSIONER MOSER: But we can do that. We 4 can solicit for RFQ's. 5 COMMISSIONER REEVES: We have not given him 6 permission to do it yet; we just said -- 7 COMMISSIONER MOSER: For a particular thing. 8 COMMISSIONER REEVES: We just said go get 9 price quotes, and he can't just go out and get price 10 quotes without putting in a solicitation. 11 COMMISSIONER MOSER: But you can issue RFQ's 12 for particular things. 13 COMMISSIONER LETZ: We can issue the RFQ's. 14 We have always come to the Court to get an authorization 15 to issue the RFQ for any department. That's all my 16 question is it's an authorization to prepare -- 17 COMMISSIONER MOSER: Just a blank 18 authorization to release? 19 COMMISSIONER LETZ: For the RFQ. 20 COMMISSIONER MOSER: For all RFQ's? 21 COMMISSIONER LETZ: For this RFQ. 22 COMMISSIONER MOSER: But it doesn't say 23 which one's it for. 24 MRS. STEBBINS: And so will you come back to 25 the Court after the RFQ is prepared so that the Court 133 1 can approve that particular -- 2 COMMISSIONER MOSER: Yeah, you left a -- 3 COMMISSIONER LETZ: Yeah, I left a word out. 4 Okay sure, we can come back to the Court -- 5 MRS. STEBBINS: After it's prepared and they 6 can approve that one. 7 JUDGE POLLARD: All right, so no action at 8 this time. Come back later on. 9 Item 1.23 consider, discuss and take 10 appropriate action on liaison responsibilities and 11 evaluations of department heads. Commissioner Letz. 12 COMMISSIONER LETZ: This is a couple of 13 different things rolled up together. One, we have 14 talked at some lengths in the past about the need -- 15 Dawn, here's one for you, and here's one for the County 16 Attorney, also. The need to do evaluations of our 17 department heads, and Bob and I think were told to look 18 at it, and what we've come up with and are handing out, 19 is not take action today; it's really just to look at. 20 It's a -- three documents. One is a performance 21 improvement plan that we currently have. 22 JUDGE POLLARD: This is not for any special 23 department heads; this is generally for any department 24 head? 25 COMMISSIONER LETZ: Right. 134 1 COMMISSIONER BELEW: Now, is the idea if 2 you're liaison to the Department that's who you talk to? 3 COMMISSIONER LETZ: We haven't got that far 4 yet. 5 COMMISSIONER BELEW: Okay. 6 COMMISSIONER LETZ: An improvement plan, and 7 then there's two kind of types of a format for 8 evaluation, and one's an evaluation for exempt employees 9 done by the City of Kerrville. Those after looking 10 through I don't know, probably half a dozen, if not more 11 that Bob and I looked through that Dawn gathered from 12 various places. Kind of liked these two formats, 13 they're a little bit different. There's a handout to 14 look at, you know, in the next week or two weeks. We 15 can come back and get moving on this and come up with an 16 actual plan. 17 The way it would work is the reason for the 18 liaison on here, one of the reasons the liaisons on here 19 as to how you process it, whether the whole Court does 20 it on every employee or every department head, if the 21 liaisons do it and then the whole Court, and what the 22 format would be. And also Bob and I feel that it would 23 be good to have part of this -- the evaluation should be 24 filled out by the Department head themselves to see how 25 they feel about it. So those are the issues that we -- 135 1 COMMISSIONER MOSER: A self evaluation. 2 COMMISSIONER LETZ: A self evaluation using 3 the same form. 4 JUDGE POLLARD: All right, is it your 5 intention for this to be effective as to the current 6 department head vacancy that we're -- 7 COMMISSIONER LETZ: This is for all 8 department heads. It'S not to be acted on today; it's 9 to have y'all look at it and we'll come back. 10 JUDGE POLLARD: We have an outstanding one 11 right now, and if we take action on that before we adopt 12 this it wouldn't be applicable. 13 COMMISSIONER LETZ: Yeah, it will. Every 14 County department head -- 15 JUDGE POLLARD: Until we pass it. 16 COMMISSIONER LETZ: We're not passing it 17 today; just out there for informational purposes. 18 JUDGE POLLARD: So we're not going to decide 19 on department head for maintenance then until we get 20 this done. 21 COMMISSIONER LETZ: No. This has to nothing 22 to do with that. 23 COMMISSIONER MOSER: It's just an 24 evaluation. 25 COMMISSIONER REEVES: Mrs. Lantz, HR policy 136 1 already grants us the authority to review department 2 heads? 3 MRS. LANTZ: Yes. 4 COMMISSIONER BELEW: This is basically a 5 tool by which to do that? 6 COMMISSIONER REEVES: We'd like y'all to 7 look at it and see what you think of these forms and 8 then we'll come back to it. 9 COMMISSIONER LETZ: Now, the second part of 10 that court order is that -- everyone look at your list 11 of liaisons. If you look at this we have a lot of 12 liaison positions that have department heads; we have a 13 lot of liaisons that don't. And if you look at the list 14 I think we really need to go through the list and break 15 them into categories. I mean there's liaison positions 16 where -- like HR, but you know I visit with HR on a 17 regular basis, or Bob and I do, and pretty fairly 18 regular basis. And that's why we came up with these 19 forms and how we've done the recent hiring or review of 20 the applications, and maintenance designated to -- so we 21 have that. 22 There's a lot of other liaison positions 23 like Airport Board, AACOG, 911 that there's not that 24 relationship; it's more of a board that we're appointed 25 to by the Court to represent the Court. I really think 137 1 that we need to divide up the list and come up with 2 specific responsibilities for the liaisons. 3 COMMISSIONER MOSER: I do, too. 4 COMMISSIONER LETZ: I mean I think that we 5 really need to have almost monthly, maybe one meeting we 6 do one, one we do the other. I know it's going to be 7 little bit time consuming and we'll end being here a lot 8 longer. But I haven't heard anything, just looking down 9 at you two, heard anything from IT liaison since we had 10 a problem four months ago whenever that, you know, issue 11 blew up. And so we tend to when we have a problem we 12 hear about it. But I really think it's important that 13 we hear about what's going on, you know, just a report. 14 And I think it goes for those departments and also 15 AACOG. I don't have a clue what y'all do at AACOG. I 16 don't go to AACOG. 17 COMMISSIONER MOSER: And don't want to. 18 COMMISSIONER LETZ: And don't want to go. 19 But I would like to know what's going on at AACOG. So I 20 really think we need to come up with a format, you know, 21 where we have a specific agenda item where we have to 22 talk about the Economic Development Board. I think 23 that's one, you know, I'm the liaison but I'm not real 24 involved in it because there's only one slot where 25 someone goes and Commissioner Moser takes that. 138 1 So I think we need to have, you know, on our 2 future agendas what we do and then look at this list, 3 and is this really the list we need, is it broken up 4 right. The other one that, you know, I'll just mention 5 water resources. There's no reason to be water 6 resources even on this list. I mean that's no more than 7 saying when we have a real estate agent we defer to Bob 8 because he's in that business. We don't have a real 9 estate, we don't have an engineering liaison, we don't 10 have a radio liaison. I mean just because I know a lot 11 about water doesn't mean we need a liaison. So maybe 12 need to look at that rather than rush through them like 13 we tend to in our first meeting in January, look at them 14 a little bit, and break them up into what we expect to 15 be done. 16 COMMISSIONER MOSER: And I would also 17 encourage us -- I think we've had some issues where when 18 we had department heads we did not as a Commissioners' 19 Court for not providing probably everyday -- I mean not 20 everyday; regular oversight that we should. And with 21 that, I think we need to have a liaison with Engineering 22 Department. Now we discussed that in the past, and we 23 said well yeah, but that's for everybody. Well IT is 24 for everybody, you know, all precincts everybody. But I 25 think all department heads oughta have a liaison, or -- 139 1 yeah. So we don't let -- and I agree with you a hundred 2 percent let's look at this list. Department heads we 3 gotta make sure we've got departments we have covered 4 and other things eliminate some of that. 5 COMMISSIONER REEVES: And I think that would 6 be a good item for to spend some time in a workshop. 7 COMMISSIONER MOSER: That's good, sure. 8 COMMISSIONER BELEW: Well, we have Juvenile 9 Detention Facility on here, and there really is none. 10 COMMISSIONER LETZ: Don't have one. Well, 11 we have one. We have the facility. 12 COMMISSIONER REEVES: We have the facility. 13 COMMISSIONER BELEW: There's nothing to 14 report about what's going on there. 15 COMMISSIONER LETZ: Yeah. I think we need 16 to really delineate what our responsibilities are, 17 what's expected of a liaison, you know, how often 18 they're supposed to meet, and bring it back. And I 19 agree I think a workshop's a good idea. But these are 20 just on the agenda that we need to get moving on. 21 JUDGE POLLARD: All right, no action on that 22 at the present then. We go on to the next item, which 23 is 1.25 consider, discuss and take appropriate action to 24 approve purchase of playground equipment for the Center 25 Point Lions Park and Flat Rock Park. Commissioner 140 1 Moser. 2 COMMISSIONER MOSER: Thank you. We talked 3 about that briefly -- we went through that in the 4 workshop the other day, didn't we? And yeah that's what 5 it was prioritize some things. And we had a plan for 6 Center Point, master plan, I'll call it for improvements 7 there, all those have been implemented except for horse 8 shoes and for playground equipment. And I make a motion 9 that -- and Jonathan, Commissioner Letz, also 10 recommended we also consider playground equipment for 11 Flat Rock Park in addition to Center Point, so in 12 looking at some of the plans as were presented three 13 years ago, it was 35 thousand dollar piece of equipment 14 that was a playground equipment that was used by the 15 City, or they'd used in some of their parks, and I've 16 looked through the brochures and all of playground 17 equipment. I think what we can do is have some very 18 effective playground equipment for less than 20 thousand 19 dollars in each -- Center Point and also at Flat Rock 20 Park, but before we do that I would suggest that we have 21 a committee made up of somebody that has young children, 22 okay? 23 MRS. STEBBINS: I'll be glad to be on that 24 committee. 25 COMMISSIONER MOSER: Most of this equipment 141 1 is like ages 5 through 12, swings and boards and all 2 that kind of stuff, and I'm out of that career -- out of 3 that category. So I recommend that we have the County 4 Attorney, and Maintenance, and Tom Collins from Center 5 Point who made out this plan, form a committee, and the 6 County Auditor, to come back with a recommendation on 7 playground equipment. We have for each one of those not 8 to exceed 20 thousand dollars in each one of them. 9 COMMISSIONER LETZ: Just a comment. I was 10 right on board until you said the Auditor. I really 11 don't know about the Auditor, I mean she's welcome to 12 go, but she's got so many committees. 13 COMMISSIONER MOSER: Well, I don't have any 14 problem with that. 15 COMMISSIONER LETZ: I mean we know the 16 budget we have to work with, she's given us those 17 numbers. I don't know why she needs to be picking out 18 playground equipment. 19 JUDGE POLLARD: Tom, you are figuring there 20 being the same equipment if you pick a package at Center 21 Point and the same at Flat Rock, or are they going to be 22 different? 23 COMMISSIONER MOSER: I'll let the committee 24 decide that recommendation. 25 COMMISSIONER BELEW: So do we get any kind 142 1 of a discount just buying two of everything? 2 COMMISSIONER MOSER: We could, absolutely. 3 COMMISSIONER BELEW: That's not much volume. 4 I'm just asking. 5 COMMISSIONER MOSER: I didn't even have 6 County Auditor on here. Good suggestion. You read my 7 notes. 8 JUDGE POLLARD: Is that a motion? 9 COMMISSIONER MOSER: Yeah. I make a motion 10 that we form a committee made up of maintenance, Tom 11 Collins from Center Point area, and the County Attorney 12 as a committee to recommend playground equipment of 13 those two county parks not to exceed 20 thousand dollars 14 for each one of them. 15 COMMISSIONER REEVES: For each one? 16 COMMISSIONER MOSER: Yeah, for each one. I 17 think there would -- 18 COMMISSIONER LEZ: I'll second for right 19 now, but we're authorizing buying it; we're just -- 20 COMMISSIONER MOSER: Precisely. 21 COMMISSIONER LETZ: And I would recommend 22 that they maybe talk with the parks department with the 23 City. 24 COMMISSIONER MOSER: That's what Tom Collins 25 did, that's where he got his baseline from. That's a 143 1 motion. 2 COMMISSIONER LETZ: I'll second it. 3 JUDGE POLLARD: All right. It was a motion 4 made by Precinct 2, second by Commissioner Precinct 3 to 5 have a committee look at and recommend the ultimate 6 purchase playground equipment for both parks, Center 7 Point and Flat Rock Park and -- 8 COMMISSIONER MOSER: Not to exceed 20 9 thousand dollars. 10 JUDGE POLLARD: Not to exceed 20 thousand 11 for each park, and that committee to consist of Tom 12 Collins, County Attorney, and who else? 13 COMMISSIONER MOSER: And maintenance. 14 JUDGE POLLARD: Who in maintenance? 15 COMMISSIONER LETZ: Interim Director. 16 JUDGE POLLARD: Interim Director, 17 Shawn(sic). 18 MRS. STEBBINS: Shane. 19 COMMISSIONER MOSER: Shane. 20 JUDGE POLLARD: Shane, yeah. All right, is 21 there any further discussion or comment? There being 22 none those in favor of the motion signify by raising 23 your right hand. Did you raise your right hand, Tom? 24 COMMISSIONER MOSER: Yes, I did. 25 JUDGE POLLARD: You did too? 144 1 COMMISSIONER LETZ: Yes. 2 JUDGE POLLARD: All right. Four zero, 3 unanimous. One abstention, myself. 4 All right, 1.26 consider, discuss and take 5 appropriate action regarding real estate acquisition. 6 That's to be discussed in executive session, is that 7 correct? 8 COMMISSIONER REEVES: That's correct. 9 JUDGE POLLARD: All right. And there's a 10 1.27, an addendum, consider, discuss and take 11 appropriate action to reassign 2004 GMC Safari Van, 12 formerly an asset of the Juvenile Detention, to the 13 Maintenance Department. Yes, Sir. 14 MR. EVANS: Good morning, Judge. Good 15 morning, Commissioners. I would like to have the 2004 16 GMC Safari Van reassigned to the Maintenance Department. 17 I feel it would be a good asset for our custodians and 18 free up our truck that we have. Currently it's being 19 used by the custodians. Right now we -- and sometimes 20 we have logistic problems, you know, separating people, 21 that now we would be able to separate them, they could 22 go on different job sites on their own, so that will 23 repair having that truck in our -- you know, back in the 24 maintenance department, I would be able to haul with it, 25 pull trailers, and the Safari Van has already been gone 145 1 over by the Road and Bridge Department, and they gave us 2 a clean bill of health, and it would really fit the 3 needs of the custodians and they would be able the haul 4 the necessary items, buckets, mops, supplies, and then 5 on the few days that we have had inclement weather days, 6 you know, moving plates, you know, paper, supplies, it 7 would be a covered -- you know, it would be covered and 8 we could move those supplies, you know, without getting 9 wet and damaged, whatever. 10 COMMISSIONER REEVES: I think this would be 11 an excellent use for this older van when we are trying 12 to decide what to do, Shane needs it. And it's already 13 been -- we've accepted it from juvenile detention, and 14 it's in the County, and I think we just authorize 15 Maintenance to begin using it and pick it up from -- out 16 at Road and Bridge, it's been looked at -- 17 JUDGE POLLARD: Is that a motion? 18 COMMISSIONER REEVES: Yeah. I make a motion 19 to assign the 2004, GMC Safari Van that's formerly an 20 asset of the Juvenile Detention Center to assign that 21 vehicle to the Maintenance Department. 22 COMMISSIONER BELEW: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Precinct 4 and seconded by Commissioner Precinct 1 and 25 authorize the reassignment of the 2004 GMC Safari Van, 146 1 formerly an asset of the Juvenile Detention Center to 2 the Maintenance Department for its use. Is there any 3 further comment or discussion? There being none those 4 in favor of the motion signify by raising your right 5 hand. It's four zero, unanimous. One abstention, 6 myself. 7 I think there's one item to be discussed in 8 executive session, and before we do that -- 9 COMMISSIONER REEVES: And actually, Judge, 10 at this time we can wait on that until -- until a 11 further meeting. We don't need to discuss it right now. 12 JUDGE POLLARD: So you are requesting to 13 pass on that now. Is that agreeable? 14 COMMISSIONER BELEW: Agreeable to me. 15 JUDGE POLLARD: All right, I don't care. 16 All right, let's go pay the bills. 17 MRS. DOSS: No bills, Sir. 18 JUDGE POLLARD: 4.1 no bills to pay. 4.2 19 budget amendments? 20 MRS. DOSS: No budget amendments. 21 JUDGE POLLARD: No budget amendments. 4.3 22 late bills. 23 MRS. DOSS: No late bills. 24 JUDGE POLLARD: 4.4 approve and accept 25 monthly reports. Mr. Reeves. 147 1 COMMISSIONER REEVES: Yes, Sir. The 2 following reports all for the month of February, 2018. 3 Constable Precinct Number 3, Constable Precinct Number 4 4, the Kerr County Treasurer's report for February, 5 2018. Move to accept the reports and sign as needed. 6 C9OMMISSIONER LETZ: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Precinct 4, seconded by Commissioner Precinct 3 to 9 accept the monthly reports as just read into the record 10 by Commissioner Reeves. Is there any further comment? 11 If there's none those in favor of the motion signify by 12 raising your right hands. It's three zero, unanimous. 13 One abstention, myself. Let the record reflect that 14 Commissioner Precinct 2 has stepped out temporarily, and 15 he's not here at this point. 16 All right, Auditor's reports? 17 JUDGE POLLARD: None, Sir. 18 JUDGE POLLARD: None. Any court orders, 19 4.6? 20 COMMISSIONER LETZ: There was a few of them, 21 and they look fine, Judge. 22 JUDGE POLLARD: We need to sign a bunch of 23 them. All right. 24 (Commissioner Moser present.) 25 COMMISSIONER REEVES: I move to accept the 148 1 court orders. There was order number 36641 from item 2 1.16, and that's just some spacing problems on the 3 correct identification and mileage of the vehicles. And 4 I believe that is the only one I saw. So I move that we 5 accept court orders of March 12th, 2018. Also the 6 orders from the bill paying meeting on March 22, 2018. 7 COMMISSIONER LETZ: Second. 8 JUDGE POLLARD: All right. It's been moved 9 by Commissioner Precinct 4, seconded by Commissioner 10 Precinct 3 to approve the proposed orders that were just 11 read into the record by Commissioner Precinct 4. Is 12 there any further comment or discussion? There being 13 none those in favor of the motion signify by raising 14 your right hands. It's four zero, unanimous. One 15 abstention, myself. 16 5.1 reports Commissioner and liaison 17 committee assignments as per attachment. 18 All right, 5.2 reports from elected 19 officials and department heads. Anyone? Of course, the 20 Sheriff. 21 SHERIFF HIERHOLZER: Three things -- 22 COMMISSIONER MOSER: Elected Officials 23 except for -- 24 SHERIFF HIERHOLZER: Yeah. Three things. 25 First off the next agenda we will bring back the 149 1 contract Edwards County has signed looking for us to 2 being able to house some of their overflow inmates. 3 They had signed it and sent it back to me, and I guess 4 since we approved it to form I can either wait for two 5 weeks, and if they have an emergency and need to get one 6 out we'll probably just go ahead and house them until 7 y'all ratify that, is what we've done in the past, okay? 8 Secondly, on the 19th and 20th, two days now 9 because the jail has grown now and gotten large we had 10 our yearly inspection by the Texas Commission on Jail 11 Standards. Not part of the construction; this is where 12 they go through everything such as life safety, 13 admissions release, records classification, health 14 services, supervision, personal hygiene, sanitation, 15 food service, discipline grievance, exercise, and it 16 goes on for about 10 or 15 more items. Every policy, 17 every procedure, every document that we do they go 18 through. I'm very proud of the jail staff, even though 19 I give them a hard time, they did go through that 20 inspection and it was inspected and there were no 21 deficiencies found. 22 (Clapping.) 23 JUDGE POLLARD: Very good. Is that when I 24 happened to be out there about 4 or 4:30 that afternoon? 25 SHERIFF HIERHOLZER: That's when you were 150 1 there. 2 JUDGE POLLARD: Is it the same Inspector 3 that we just visited with? 4 SHERIFF HIERHOLZER: Yeah, that's what this 5 was. We'll get the paperwork now. 6 Lastly, but not least -- 7 COMMISSIONER MOSER: Good job. 8 SHERIFF HIERHOLZER: On the seven vehicles 9 that we had purchased, we were set to pick those 10 vehicles up. They were sent back on Friday a week ago 11 from the Outfitter, having all the almost $20,000.00 12 worth of equipment installed in them to the dealer in 13 Caldwell, Texas, Caldwell Country Chevrolet Dealership. 14 That was sent on Friday, we were going to pick them up 15 last Monday. On Sunday before Monday of that day they 16 had a hail storm with three-inch hail go through that 17 dealership. They had five hundred and some odd vehicles 18 on the lot, it damaged most of them. They had over 60 19 or 70 brand new ones that it totalled. We drove up 20 there on last Thursday they had six of our seven. The 21 seventh one hadn't been shipped back to them. Chief 22 Deputy and I drove up there last Thursday and looked at 23 them, the six, and they had extensive damage. Busted 24 windshields, dings, you know they would take some very 25 long and hard body work and that, so I officially 151 1 refused them, and so they are totalling all those along 2 with all the equipment in them, and -- 3 JUDGE POLLARD: Are they going to furnish 4 other ones undamaged? 5 SHERIFF HIERHOLZER: We are in the process 6 of reordering, okay, so that will be done but that will 7 delay our delivery of those six vehicles at least by 8 three months, so we'll see, you know, the money -- we've 9 already got the money for them. We did accept the one 10 that wasn't on the lot at the time the hail storm hit, 11 but you know the only problem it's going to get we'd 12 already downed and stripped everything of the seven, so 13 it's going to put me very close on having vehicles. If 14 we do have something happen I've got -- well, I'll have 15 one spare until we get those other ones back in. And so 16 if we do have something happen unfortunately, whatever, 17 we may be short on vehicles until we can get those other 18 six in. 19 COMMISSIONER LETZ: So I presume that their 20 insurance is covering it? 21 SHERIFF HIERHOLZER: Yes. We had not signed 22 or taken delivery or anything on any of them, so I 23 didn't have it. What they at first wanted to do when we 24 were talking to them on the phone, they notified us, 25 they wanted to get them -- get their insurance adjustor 152 1 to look at them, and then have them repaired, but still 2 sell them as new. I said I wasn't quite for that. So 3 they said well you can come up and talk to our insurance 4 so that's why we drove up there. They were very 5 cooperative when we got up there. And I said look, I 6 still don't think we should be paying new for them even 7 if y'all get them fixed, because they're having to 8 replace windshields, you know, all the roofs, 9 everything. I mean it really damaged those vehicles. 10 And they said what they would do then is they would go 11 ahead and figure out what the insurance was going to pay 12 them for them, they would get them repaired by their 13 body shop, and then discount us the difference in the 14 price of whatever the insurance is, and the actual cost 15 of the repair work. And I said well how much is that 16 going to be, and they said well we don't know until we 17 get our body shop to repair them. And the problem was 18 if they were going to reorder we had to reorder by April 19 the 6th or else we can't order this year, it's too far 20 out towards the end. So it was finally just decided 21 that no, I can't -- if you can't tell me what the 22 discount's going to be, and some of the -- I mean -- 23 JUDGE POLLARD: I think you made the proper 24 decision because technically we don't have title to 25 them. 153 1 SHERIFF HIERHOLZER: We don't have them. 2 They're not our's. We haven't purchased them yet. We 3 just have the agreement. And it even took off paint off 4 them in places, it creased it in places where it's going 5 to take a lot of body work, so I just total refused them 6 onsite and they said that was fine and they agreed. 7 COMMISSIONER LETZ: What about the add-on 8 equipment? 9 SHERIFF HIERHOLZER: Because it's already 10 been installed they said that's fine. They will just 11 eat that, too and sell it. They're going to try and get 12 their insurance company then to go ahead and total all 13 six of those vehicles with the equipment in them, and 14 just deal with that. 15 COMMISSIONER LETZ: I mean, I guess my 16 question is you know you said the windshields are 17 broken, which I would presume rain got in them. 18 SHERIFF HIERHOLZER: No. It didn't get in 19 on those. It shattered them but didn't get in, but all 20 that equipment's already been installed and for them to 21 do that much body work the roof, the ceiling, everything 22 has to come back out because they have to put new skins 23 on them, all of that, the cage, so all that equipment 24 they put in has to come out for them to even do the 25 repairs, and so it was just -- I just said no. 154 1 COMMISSIONER LETZ: But the equipment itself 2 wasn't damaged? 3 SHERIFF HIERHOLZER: All the overhead lights 4 were. They were all busted, but the internal equipment 5 was not and it's good equipment. 6 COMMISSIONER LETZ: So they're responsible 7 for all the add-on equipment we put in? 8 SHERIFF HIERHOLZER: They're responsible for 9 everything. 10 COMMISSIONER BELEW: So everything gets 11 bought new? 12 SHERIFF HIERHOLZER: So everything is being 13 reordered at the same price as the best they can tell us 14 right now. 15 JUDGE POLLARD: Good decision, Sheriff. 16 Good decision. 17 SHERIFF HIERHOLZER: I thought it was too 18 much to do. Okay? Thank you. 19 COMMISSIONER MOSER: Thank you. 20 JUDGE POLLARD: Any other department heads 21 or elected officials wish to make any reports 5.2 agenda 22 item. If not, 5.3 reports from boards, commissions and 23 committees? City/County joint projects or operations 24 reports or other? Anybody have any other report? 25 There being no one, I don't think there's 155 1 any further business for the Commissioners' Court. We 2 are adjourned. 3 * * * * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 156 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Reporter in and for Kerr County, do hereby certify that 6 the above and foregoing pages contain and comprise a 7 true and correct transcription of the proceedings had in 8 the above-entitled Commissioners' Court. 9 Dated this the 8th day of May, A.D. 2018. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 12/31/2018 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25