1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, April 9, 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 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioners' Comments. 5 4 1.1 Consider, discuss and take appropriate 7 action regarding Resolution to build more 5 T-hangars at the Kerrville/Kerr County Airport. 6 1.2 Consider, discuss and take appropriate 13 7 action concerning authorization for the County Judge to ratify approval of Change 8 Proposal #5 (modified), and execute Construction Change Order No. 2 for the 9 East Kerr County/Center Point Wastewater Collection Project Texas Water Development 10 Board No. 10366. 11 1.3 Consider, discuss and take appropriate 16 action to adopt a driveway policy. 12 1.4 Consider, discuss and take appropriate 20 13 action to set a public hearing for 9:05 a.m. on May 29, 2018 to abandon, vacate 14 and discontinue right of way described in Volume 11 and page 429. 15 1.5 Consider, discuss and take appropriate 22 16 action for the Court to set a public hearing for 9 a.m. on May 29, 2018 for 17 the revision of plat for Lots 1 and 2 of Kerrville High Country Ranch Section 1, 18 Volume 3, page 144. 19 1.6 Consider, discuss and take appropriate 23 action to approve First Amendment to the 20 agreement between Kerr County and DRG Architects, LLC to develop the Training 21 Building. 22 1.7 Consider, discuss and take appropriate 28 action to approve an Interlocal Agreement 23 between Kerr County and Real County for Jail Services and allow County Judge to 24 sign same. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 31 action concerning opening and receiving 4 sealed competitive bids for countywide reroofing from the 2016 hail storm, and 5 award a contract to the lowest qualified bidder. 6 1.8 Consider, discuss and take appropriate 36 7 action to approve an Interlocal Agreement between Kerr County and Edwards County for 8 jail services, and allow the County Judge to sign same. 9 1.10 Consider, discuss and take appropriate 37 10 action regarding quarterly reports for the Animal Control Services to the City 11 and Library Services for all County residents, per the Interlocal Agreement. 12 1.11 Consider, discuss and take appropriate 45 13 action on Mass Gathering Permit for the Kerrville Folk Festival Foundation, Inc. 14 dba Kerrville Folk Festival. 15 1.6 Consider, discuss and take appropriate 48 16 action to approve First Amendment to the agreement between Kerr County and DRG 17 Architects, LLC to develop the Training Building. 18 1.13 Consider, discuss and take appropriate 49 19 action regarding the Kerr County Flood Warning Grant application. 20 1.14 Consider, discuss and take appropriate 51 21 action to accept a $150.00 donation from Hill Country CASA to be used for Crime 22 Victim's Rights Week events. 23 1.15 Consider, discuss and take appropriate 52 action concerning the cost and timing of 24 changing the Tyler Technology Incode Financial System from two digit fund 25 numbers to three digit fund numbers. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 54 action concerning opening and receiving 4 sealed competitive bids for countywide reroofing from the 2016 hail storm, and 5 award a contract to the lowest qualified bidder. 6 4.4 Approve and Accept Monthly Reports. 55 7 4.5 Auditor Reports. 56 8 5.1. Reports from Commissioners/Liaison 58 9 Committee Assignments as per attachment. 10 5.3 Reports from Boards, Commissions and 60 Committees. 11 a). City/County Joint Projects or 12 Operations Reports. b). Other. 13 1.12 Consider, discuss and take appropriate 61 14 action regarding the Maintenance Supervisor position. 15 *** Adjournment. 62 16 *** Reporter's Certificate. 63 17 * * * * * * 18 19 20 21 22 23 24 25 5 1 JUDGE POLLARD: Okay, let's have your 2 attention, please. It's Monday, April the 9th, 2018, 3 and Commissioner Letz says it's 9 a.m., so we're going 4 to start and we'll be led by Mr. Belew, Commissioner 5 Precinct 1 in the prayer and the Pledge this morning. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE POLLARD: This is a regular 8 Commissioners' Court session. And the first part of it 9 has to do with somebody in the public who wishes to come 10 forward and talk on something that is not on the agenda. 11 If you do then please approach the podium, identify 12 yourself by name and address. Is there anyone wishing 13 to speak on something not on the agenda? 14 There being none, we'll go to the next 15 portion of the agenda. This is where Commissioners and 16 County Judge may use this time to recognize 17 achievements, etc. etc. etc. Go ahead. How are you, 18 Sir? 19 COMMISSIONER BELEW: Well, I didn't do it, 20 but we're expecting a grand baby number 14. Not an 21 achievement on my part, but I wanted to brag a little. 22 JUDGE POLLARD: It is an achievement. 23 COMMISSIONER MOSER: It all had to start 24 somewhere. 25 COMMISSIONER BELEW: It had to start 6 1 somewhere. 2 JUDGE POLLARD: Well, congratulations. 3 COMMISSIONER BELEW: Thank you. 4 JUDGE POLLARD: Anything else? 5 COMMISSIONER BELEW: No, Sir. 6 COMMISSIONER MOSER: Not an achievement, but 7 hopefully an achievement on April the 19th. We're going 8 to have a Town Hall Meeting at the Event Center, at Hill 9 Country Youth Event Center, and it was on the subject of 10 gravel pits, gravel mining, whatever you want to call 11 them. But anyway, it's going to be a full spectrum of 12 participants, the Judge will be there, the other local 13 officials from the City, UGRA, Headwaters Groundwater, 14 State representative Andy Murr, State Senator invited, 15 U.S. Congressman to be there, and candidates for all of 16 those. And so the purpose of that is to identify what 17 the gravel pit operators, there are four of them in the 18 County, that are doing, and what their responsibilities 19 are, and we're going to have presentation by TCEQ and 20 other regulatory authorities in addition to Floodplain 21 Administrator. So it's to exchange information and 22 hopefully to find a balance between property owners and 23 their rights, and citizens and their property values. 24 So that's it. And it'll be the second one. We had one 25 two years ago, so 6 p.m. April the 19th. 7 1 JUDGE POLLARD: Is that it? 2 COMMISSIONER MOSER: That's it. 3 JUDGE POLLARD: I'll be there and I'll be 4 emceeing it kind of like with a microphone, and I can 5 tell you the last time we had it, that's an incendiary 6 issue, very explosive, and some people would call that 7 entertaining. Not from my standpoint from the M.C. up 8 there. But it was a pretty hot topic, and so 9 controversial issues about it, and a lot of property 10 owners there with some valid complaints, and it's going 11 to be difficult to balance the rights of the private 12 business, who's already turned the first shovel a long 13 time ago, and the property owners around there. So if 14 you're interested in an issue, please show up, or if you 15 just want to be entertained show up, because it'll be 16 very active. That's all I have. Go ahead. 17 COMMISSIONER LETZ: Nothing this morning. 18 JUDGE POLLARD: All right, that's unusual. 19 All right, let's go to regular agenda item 20 1.1 consider, discuss and take appropriate action 21 regarding resolution to build more T-hangars at the 22 Kerrville-Kerr County Airport. Mr. McKenzie. 23 MR. McKENZIE: Good morning, Judge. 24 JUDGE POLLARD: Short timer. You're so 25 short you don't hardly reach the top of the podium? 8 1 MR. McKENZIE: It's okay, it's a good thing. 2 Good morning. I'm here today to visit with you about a 3 Resolution as required by the State of Texas, by TxDOT 4 Aviation, to support the construction of new T-hangars 5 at the airport. They require both owners to support 6 that construction before we ever begin the process. I'm 7 not here to ask for any money, I'm not here to ask for 8 any funding; I'm here to ask for your support in this 9 Resolution. We're getting 90-10 funds, 90 percent of 10 the funding will come from TxDOT, we will pay for ten 11 percent of it, we meaning the airport; not the City or 12 the County. We have got reserves to pay for the 13 funding. 14 JUDGE POLLARD: So there is some money that 15 you are asking for? 16 MR. McKENZIE: Well, it's coming out of our 17 reserves, so -- 18 JUDGE POLLARD: Yeah. 19 MR. McKENZIE: And the Resolution's for 20 $660,000.00, and that's the maximum we can get, and it's 21 now time to move forward with that process. TxDOT 22 Aviation called me about two and a half months ago and 23 asked me to move forward with this so they could get it 24 back in their office by May the 1st, and it goes to the 25 Texas Transportation Commission in June, and then they 9 1 bless it, we go, so that's what I'm here to ask for your 2 support and respectfully request that you approve this 3 Resolution for us to build more T-hangars, they're 4 economic generators for us. 5 COMMISSIONER MOSER: So Bruce, with that 6 schedule that you just laid out, would we be obligated 7 for funds this year? 8 MR. McKENZIE: Not until 1 October. 9 COMMISSIONER MOSER: So it'll be next fiscal 10 year? 11 MR. McKENZIE: Yes, Sir. This is exactly -- 12 Commissioner, this is exactly the same process we went 13 through five years ago. This is just a mirror image of 14 it. But it's just for the other set. 15 COMMISSIONER MOSER: And I think the return 16 investment of that is less than three years? 17 MR. McKENZIE: Oh, it's about 14 months. 18 COMMISSIONER MOSER: That's a lot less than 19 three years, okay. 20 JUDGE POLLARD: So we need to budget for 21 that? 22 COMMISSIONER LETZ: No. The airport has it 23 in their budget? 24 MR. McKENZIE: We have it in our reserve. 25 MRS. DOSS: They need to budget it. 10 1 JUDGE POLLARD: If we have contribution to 2 it, isn't that a ten percent share? 3 COMMISSIONER LETZ: No. The ten percent 4 will come out of the airport reserve. 5 MRS. DOSS: They have it in their fund 6 balance. 7 JUDGE POLLARD: All right, that's good. 8 COMMISSIONER MOSER: One question I had, 9 Bruce, in the Resolution. It says WHEREAS, the Sponsor 10 has available and will provide at least ten percent of 11 the project costs with local funds and understands that 12 additional costs above $660,000.00 in federal or state 13 funds cannot be increased. With that it says projects 14 funds -- project costs with local funds. That can also 15 be in kind, correct? 16 MR. McKENZIE: Yes. 17 COMMISSIONER MOSER: So we need to make a 18 change in the Resolution? 19 MR. McKENZIE: Well possibly, yes. But this 20 could go over $660,000.00. Should it, and it probably 21 will, the ones we built last time cost 800 thousand, but 22 we kicked in the extra 200,000 dollars, so if it goes 23 over the six hundred thousand dollars, it'll come out of 24 the airport funds, out of our reserves. 25 COMMISSIONER MOSER: But all I'm suggesting 11 1 is to change the wording at least ten percent of the 2 project costs with local funds, or in-kind 3 contributions. 4 MR. McKENZIE: That's fine, if Heather says 5 it's okay. 6 COMMISSIONER MOSER: Is that okay with you? 7 MRS. STEBBINS: Say that again, I'm sorry. 8 COMMISSIONER MOSER: The Sponsor has 9 available and will provide at least ten percent of the 10 project costs with local funds, and I'm suggesting or 11 with in-kind contributions? 12 MRS. STEBBINS: That's perfect. 13 COMMISSIONER MOSER: Good deal, with that 14 change. 15 COMMISSIONER LETZ: I think it gives it more 16 flexibility. 17 MS. HOFFER: I don't know what Commissioner 18 Moser wants to have added on there, but I do want to 19 bring it to the Court's attention we're trying to get 20 into this 50 miles a year program, and when we did the 21 last T-hangars, I had two crews out there for two months 22 solid doing that, and not that we don't want to help, 23 but the Court will need to decide if you want us to stay 24 with our 50 miles a year, or do you want to pull us? 25 COMMISSIONER MOSER: No. 12 1 COMMISSIONER LETZ: We're a year, two 2 years -- 3 MS. HOFFER: Right. I just wanted to make 4 sure with any kind of verbiage that we didn't lock 5 ourselves in. 6 COMMISSIONER MOSER: This just gives us -- 7 it enables it if we want to to be addressed later. 8 JUDGE POLLARD: Elective if we want to, and 9 if you can do it. 10 COMMISSIONER MOSER: Correct, correct. 11 JUDGE POLLARD: And if you can't do it, then 12 we won't elect. 13 COMMISSIONER MOSER: Okay, good deal. 14 COMMISSIONER LETZ: I move for approval of 15 the Resolution as amended. 16 COMMISSIONER MOSER: Second. 17 JUDGE POLLARD: Been moved by Commissioner 18 Precinct 3, seconded by Commissioner Precinct 2 to 19 approve the Resolution set forth in the agenda item, 20 with one change that was stated into the record. 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. It's three zero, one abstention 24 myself. 25 I'd like to just add, Mr. McKenzie, in case 13 1 we don't get a chance to see you in an official capacity 2 in the next two months, really do appreciate everything 3 that you've done for the airport, and the Airport Board, 4 and the citizens, and the City of Kerrville as well as 5 the County. You've been great. 6 MR. McKENZIE: I appreciate that, Judge. 7 Thank you. 8 JUDGE POLLARD: We're going to miss you. 9 MR. McKENZIE: It's been wonderful working 10 with Kerr County as well, it's been great. Thank you, 11 appreciate it. 12 COMMISSIONER LETZ: Thank you, Bruce. 13 COMMISSIONER MOSER: Thank you. 14 JUDGE POLLARD: Next item on the agenda 1.2 15 consider, discuss and take appropriate action concerning 16 authorization for the County Judge to ratify approval of 17 Change Proposal #5 (modified), and execute Construction 18 Change Order No. 2 for the East Kerr County/Center Point 19 Wastewater Collection Project Texas Water Development 20 Board No. 10366. This project's located in Precincts 2 21 and 3. Mr. Hastings. 22 MR. HASTINGS: Thank you. The attached 23 Construction Change Order No. 2 that you have in your 24 packets for the above-referenced project that you just 25 mentioned consists of Change Proposal #1, which reduces 14 1 the number of pumps used in Lift Station A from three to 2 two for a deduct of $4,193.00. Change Proposal #3, 3 which changes restraining device materials to 4 non-corrosive stainless steel 316 for an addition of 5 $6,908.00. Change Proposal #5 (modified), which 6 resolves direct conflict with fiber optic cables for 7 Line A-A on High Street in Comfort for an addition of 8 $16,425.00, and Change Proposal #6, which replaces 9 conventional sewer service tee-fittings with plug tees 10 to satisfy WCID #1 operational needs for an addition of 11 $64,050.00, and allows for the addition of a hundred 12 sewer service laterals to be installed for future 13 connections to the sewer system for an addition of 14 $212,500.00. The net increase of Change Order No. 2 to 15 Contract No. 2 is $295,690.00 to be paid for out of the 16 Texas Water Development Board contract contingencies, 17 which currently consist of a balance of $2,787,187.00. 18 Contract No. 2 current price or bid amount 19 is $26,888,933.00. This change proposal would add 20 $295,690.00 to that for a total -- proposed Contract 21 No. 2 total of $27,184,623.00. The contingency balance 22 would be reduced from $2,787,187.00 to $2,491,497.00. 23 All these Change Proposals have been 24 reviewed and approved by the Contract Engineer Tetra 25 Tech Consulting, and Change Proposal #5(modified) has 15 1 been approved by the County Engineer and Commissioner 2 Letz, and has been constructed. The County Engineer 3 recommends that the Court ratify approval of Change 4 Proposal #5(modified), and authorize the Judge to 5 execute Construction Change Order No. 2 for the East 6 Kerr County/Center Point Wastewater Collection Project, 7 Texas Water Development Board No. 10366. This is in 8 Precincts 2 and 3. 9 COMMISSIONER LETZ: I'll make a motion to 10 approve, and I have a comment. 11 COMMISSIONER MOSER: Second. 12 JUDGE POLLARD: I'm sorry, go ahead. Do you 13 want to make comment, go ahead. 14 COMMISSIONER LETZ: The comment is this is, 15 you know, with all the -- it gets kind of confusing. 16 We're increasing the contract with Pesado; we're not 17 increasing the project. We had some reserve of almost 18 three million dollars under our funding with Water 19 Development Board, and that was withheld from the 20 contract with Pesado, so what we're doing we're 21 increasing their contract; not increasing the project 22 size. 23 COMMISSIONER BELEW: Does that mean it's 24 work that they weren't originally going to do? 25 COMMISSIONER LETZ: Yeah. We originally did 16 1 it this way because we knew with a project like this 2 before they got on ground, there was going to be things 3 like no one knew where fiber cables was on top of it, 4 and it allows flexibility, and gives us about ten 5 percent money we withheld, that if we needed to do some 6 change order we could make adjustments to the project. 7 COMMISSIONER MOSER: In order for 8 simplification, or a reduction. 9 JUDGE POLLARD: Okay, is there any further 10 comment? It was moved by Commissioner Precinct 3, 11 seconded by Commissioner Precinct 2 to approve the 12 Change Proposal #5(modified), and execute Construction 13 Change Order No. 2 for the East Kerr County/Center Point 14 Project, Texas Water Development Board No. 10366. This 15 is item 1.2 on the agenda. Is there any further 16 discussion or comment? There being none, those in favor 17 of the motion signify by raising your right hands. It's 18 three zero, unanimous. 19 By the way, let the record reflect 20 Commissioner Precinct 4 is absent today, with leave, 21 attending his son's wedding I think it is. 22 All right, item 1.3 consider, discuss and 23 take appropriate action to adopt a driveway policy. Mr. 24 Hastings. 25 MR. HASTINGS: Thank you. We've had several 17 1 discussions on this at workshops, and there were some 2 changes that were requested by the Court to make sure 3 that the new policy -- we found one that was done 4 typewritten from 1987 by Road and Bridge Department 5 then, Kerr County's Road and Bridge Department, and we 6 have modified that to make it very clear that the policy 7 would be that the County Road and Bridge doesn't assist 8 in the construction of the driveway, because that's what 9 it suggested in the last policy. 10 Let me read what those changes are. It 11 shall be the policy of the County to ensure; not assist, 12 but ensure the proper installation of access driveway 13 facilities as follows: The County Road and Bridge 14 Department will establish flow-line grades for drainage 15 structures if system ditch maintenance is necessary as 16 determined by either the County Road and Bridge 17 Department or the County Engineering Department. 18 Basically what that means is before you put a culvert in 19 or a driveway Road and Bridge is going to go through 20 look at the ditch and make sure that that wasn't 21 scheduled for some kind of routine maintenance. If it 22 is scheduled then that work will be done before the 23 driveway gets put in to make sure that the culvert 24 flow-line grades are going to work for that individual 25 that's trying to install the driveway. 18 1 Also, the County Road and Bridge will 2 furnish, install and maintain delineator posts at access 3 driveways where the Department finds the need for the 4 protection of department maintenance equipment or 5 vehicular traffic based on the engineering analysis of 6 the requirements of each access driveway entrance to be 7 constructed. 8 In a nutshell, occasionally we have put 9 delineator posts, we being the Road and Bridge 10 Department, because when grass gets high you can't 11 always see a culvert and if you're out there shredding, 12 you're out there mowing you could hit something and 13 damage the equipment. Put those delineator posts in it 14 warns everybody, including the traveling public there's 15 something here. There was also a section, I was talking 16 with Commissioner Letz, at the very beginning there's a 17 WHEREAS, it talks about the Governor's Highway Safety 18 Program. That is still the language from 1987. That 19 highway program has been in existence for a long long 20 time, it's okay to reference it, but it's outdated. We 21 thought it would be best if that was just struck. So 22 that instead the very first paragraph would state 23 WHEREAS, we recognize the importance of traffic control 24 for this free and safe movement of highway traffic, 25 period. Then we move forward with the rest. 19 1 COMMISSIONER MOSER: Charlie, where it says 2 in there that the County Engineer approves the permit, 3 and I know in our discussions we talked about this 4 policy -- 5 MR. HASTINGS: Yes. 6 COMMISSIONER MOSER: We want the County 7 Engineer to approve the culverts to make sure they're 8 the right size, so in approving the permit you have 9 attached to it what the design and what the culvert will 10 be, is that correct? 11 MR. HASTINGS: Yes. 12 COMMISSIONER MOSER: So you're going to 13 approve -- 14 MR. HASTINGS: We'll let them know what size 15 culvert they need, absolutely. 16 COMMISSIONER MOSER: In your approval of 17 permits you're approving the design? 18 MR. HASTINGS: Yes, Sir. 19 JUDGE POLLARD: Actually the way it's worded 20 is that he or the Road and Bridge Department will issue 21 the approval, that's the way you read it. 22 MR. HASTINGS: For certain things, yes. 23 Yes. Furthermore, there's another section here, we 24 talked about fees. I know that the 1987 had a $15 fee 25 that people pay, and I completely removed any reference 20 1 to fees at this point because I think that's something 2 we can talk about in a workshop and we can talk about in 3 the budget process. It wouldn't go into effect until 4 the fall, the new budget anyway, and it probably needs 5 some more discussion. 6 COMMISSIONER MOSER: Okay. 7 COMMISSIONER LETZ: I move for approval of 8 the policy as provides. 9 COMMISSIONER MOSER: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Precinct 3, seconded by Commissioner Precinct 2 to 12 approve the policy set forth in that particular item, 13 item 1.3 of the agenda and as presented in the agenda 14 and as read into the record by Mr. Hastings. Is there 15 any further comment or discussion? There being none, 16 those in favor signify by rising your right hands. It's 17 three zero, unanimous. One abstention, myself. 18 All right, 1.4 consider, discuss and take 19 appropriate action to set a public hearing for 9:05 a.m. 20 on May 29, 2018 to abandon, vacate and discontinue right 21 of way described in Volume 11 and page 429. Mr. 22 Hastings. 23 MR. HASTINGS: May 29th is a Tuesday. May 24 28th, the day before is Memorial Day will be observed, 25 so I just want to point that out that we've got that on 21 1 our schedule, that is the correct day. And we've had 2 some discussion before on this. This is right-of-way 3 that has its own description, there's no reference to a 4 road on it, it just says it's an road easement right of 5 way that was dedicated to the County in years past, and 6 it's adjacent to an existing road, Redemption Road, but 7 they don't line up with each other. 8 So what we're asking the Court to do at this 9 time is merely to set a public hearing to abandon, 10 vacate and discontinue right-of-way as described in 11 Volume 11, page 429, Precinct 2. So if anybody wants to 12 see what it is that we're trying to do there, they can 13 pull Volume 11, page 429 from the deed records, the land 14 records of Kerr County, and they can see exactly what it 15 is that we're proposing to have a public hearing on. 16 And we're asking the Court to set that for 9:05 a.m. on 17 May 29th, 2018. 18 COMMISSIONER MOSER: So move. 19 COMMISSIONER LETZ: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Precinct 2, seconded by Commissioner Precinct 3 to 22 approve the setting of a public hearing for the 9:05 23 a.m. on Tuesday, May the 29th, 2018 to abandon, vacate 24 and discontinue a right of way described in Volume 11, 25 page 429. Now, I think that public hearing's required 22 1 by statute, isn't it? 2 MR. HASTINGS: Yes, Sir it is. 3 JUDGE POLLARD: That's what I thought. 4 Okay, all right. Is there any further comment or 5 discussion? There being none, those in favor signify by 6 raising your right hands. It's three zero, unanimous. 7 One abstention, myself. 8 All right, item 1.5 consider, discuss and 9 take appropriate action for the Court to set a public 10 hearing for 9 a.m. on Tuesday, May the 29th, 2018 for 11 the revision of a plat for Lots 1 and 2 of Kerrville 12 High Country Ranch Section 1, Volume 3, page 144 of the 13 Plat Records of Kerr County, I guess that is. This is 14 situated in Precinct 4. Mr. Hastings. 15 MR. HASTINGS: This revision of plat 16 combines Lot 1 and 2 of the Hill Country Ranch Section 1 17 Lot 1-R, Volume 3, page 144 comprising 11.57 acres once 18 it's combined. 19 County Engineer request the Court set a 20 public hearing for 9 a.m. on May 29th, 2018 for the 21 revision of plat for Lots 1 and 2 of Kerr High Country 22 Ranch, Section 1, Volume 3, page 144, Precinct 4. And I 23 have discussed this with Commissioner Reeves, and he 24 said even though he wasn't going to be here today please 25 put it on, let's not stop the process. He approves of 23 1 this. 2 COMMISSIONER LETZ: I move for approval. 3 JUDGE POLLARD: Approved by hearsay, okay? 4 COMMISSIONER LETZ: He mentioned it to me, 5 too and had no problem with it, so it's not hearsay. 6 COMMISSIONER BELEW: Second. 7 JUDGE POLLARD: Did you make a motion? 8 COMMISSIONER LETZ: Yes, yes, I did. 9 JUDGE POLLARD: All right, it's been moved 10 by Commissioner Precinct 3, seconded by Commissioner 11 Precinct 1 to approve the setting of a public hearing 12 for 9 a.m. on Tuesday, May the 29th, 2018 for the 13 revision of the plat for Lots 1 and 2 of Kerrville High 14 Country Ranch, Section 1 of record, Volume 3, page 144 15 of the Plat Records. Any further comment or discussion? 16 There being none, those in favor of the motion signify 17 by raising your right hands. It's three zero, 18 unanimous. It passes. One abstention, myself. 19 All right, let's go to item 1.6 consider, 20 discuss and take appropriate action to approve First 21 Amendment to the agreement between Kerr County and DRG 22 Architects, LLC to develop the Training Building for the 23 Sheriff's office. Workout, I think. 24 SHERIFF HIERHOLZER: I think you have the 25 amendment attached, and this has come to y'all before 24 1 about talking about doing it and it was approved by the 2 bond attorneys and everything else to be able to use 3 that funding. 4 COMMISSIONER MOSER: How does this facility 5 compare to the one in size that you have? 6 SHERIFF HIERHOLZER: It's probably about the 7 same, pretty close to it. I hadn't measured the current 8 one. 9 COMMISSIONER MOSER: So all the same 10 equipment will go -- 11 SHERIFF HIERHOLZER: All the same equipment 12 will go in there. 13 JUDGE POLLARD: County Attorney's read it? 14 MRS. STEBBINS: Yes, Sir, I have. 15 JUDGE POLLARD: And you approve? 16 MRS. STEBBINS: Yes, Sir. 17 JUDGE POLLARD: Is there a motion? 18 COMMISSIONER BELEW: I'll make a motion we 19 accept the -- we approve the first amendment to the 20 agreement between Kerr County and DRG Architects LLC to 21 develop the training building. 22 COMMISSIONER MOSER: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Precinct 1, seconded by Commissioner Precinct 2 pursuant 25 to item 1.6 on the agenda, and that is to approve the 25 1 first amendment to the agreement between Kerr County and 2 DRG Architects, LLC to develop the Training Building at 3 the Sheriff's Office Complex. Is there any further 4 comment or discussion? 5 COMMISSIONER LETZ: A question. Do you have 6 any idea what the estimated cost of this building is 7 going to be? 8 SHERIFF HIERHOLZER: No, I really don't at 9 this point. I can tell you I built one, okay, just a 10 metal building, insulated, it was 40 by 60 and with 11 three roll-up doors and one walk-thru door and four 12 windows, and that cost of mine was about 60 thousand. 13 COMMISSIONER LETZ: How much? 14 SHERIFF HIERHOLZER: 60. But that was with 15 the 5-inch slab also. 16 COMMISSIONER LETZ: The reason I ask is is 17 under item 5 the fee seems high to me. Generally 18 architect fees are seven percent, seven to eight 19 percent, ten percent, and that fee of 30 thousand seems 20 like a high fee for the work to be done. 21 SHERIFF HIERHOLZER: Well, the one thing 22 about this is we have a shower and restrooms, and 23 air-conditioning and heat. My metal building does not, 24 okay? 25 COMMISSIONER LETZ: Right, well I 26 1 understand. I'm not counting your building. 2 SHERIFF HIERHOLZER: I'm just not sure when 3 we get into it where it's going to be. I think that's 4 something that, you know, maybe we can negotiate with 5 them, after all the rest they've done. 6 COMMISSIONER LETZ: It just seems steep to 7 me. 8 COMMISSIONER MOSER: What's the size again, 9 30 by 50? 10 SHERIFF HIERHOLZER: 30 by 40. 11 COMMISSIONER MOSER: So 30 thousand that 12 would be 21 thousand, seven percent, if it's the same 13 ratio, the same amount as that, so it's not too far off. 14 SHERIFF HIERHOLZER: I think it's going to 15 be higher than that. 16 JUDGE POLLARD: You want to look at it a 17 little further? 18 COMMISSIONER LETZ: I think we need to move 19 on it and go forward on it, I don't want to hold it up, 20 the only question is to have the Sheriff visit with -- 21 SHERIFF HIERHOLZER: I think it's probably 22 fair because you know we've got to where it's going to 23 go, the electrical's got to come in from somewhere. 24 Sewer and water won't be a problem, but -- 25 COMMISSIONER LETZ: This includes all 27 1 engineering and everything else, too. 2 SHERIFF HIERHOLZER: Yes. 3 JUDGE POLLARD: Okay. 4 COMMISSIONER BELEW: It doesn't hurt to ask. 5 JUDGE POLLARD: It sure doesn't. I agree 6 with that. 7 COMMISSIONER BELEW: Save you some money. 8 JUDGE POLLARD: Yeah, if there's some 9 hesitation about it then let's pass on this for right 10 now and ask about it. 11 COMMISSIONER LETZ: I mean it seems high to 12 me but -- 13 SHERIFF HIERHOLZER: I think by the time we 14 finish it's not going to be high with seven percent or 15 something like that, with seven or ten percent, I don't 16 see it being high. They've done us a real good job on 17 architectural work they did at the jail. 18 COMMISSIONER MOSER: This is not going to 19 make or break them for the year. 20 SHERIFF HIERHOLZER: No. 21 COMMISSIONER MOSER: I think it's okay. 22 Well, we had a motion and a second. 23 JUDGE POLLARD: Hu? 24 COMMISSIONER MOSER: We had a motion and a 25 second. 28 1 JUDGE POLLARD: Okay. And no further 2 comment? All right. Those in favor of the motion 3 signify by raising your right hands. Those opposed? 4 I'm opposed. It's three to one, and it passes. 5 COMMISSIONER LETZ: No. Two two. I voted 6 against it. 7 JUDGE POLLARD: Two two, it does not pass. 8 SHERIFF HIERHOLZER: What do we do with the 9 tie? 10 MRS. STEBBINS: Maybe you need to negotiate 11 with them. 12 COMMISSIONER BELEW: Get at better price. 13 COMMISSIONER LETZ: It just seems that that 14 amount to me means the building is going to be three 15 hundred thousand dollars, it seems high for what I 16 thought we were doing, you know. 17 SHERIFF HIERHOLZER: I'll visit with him and 18 bring it back at the next one. 19 JUDGE POLLARD: All right, 1.7 consider, 20 discuss and take appropriate action to approve an 21 Interlocal Agreement between Kerr County and Real County 22 for jail services, and allow the County Judge to sign 23 same. Sheriff Hierholzer. 24 SHERIFF HIERHOLZER: This is the same 25 agreement we had with Kendall County and that, except 29 1 Real County -- Sheriff Johnson called me, and their 2 situation over there is they do not have a jail. They 3 have a 72-hour lockup facility, and after that their 4 inmates are normally transferred to Uvalde, or Del Rio, 5 or Bandera even, and released from those jails when they 6 get released. Our contract currently says like with 7 Kendall County, Kendall County would come get their 8 inmates, take them back to Kendall County and release 9 them. I don't have a problem us releasing there's, so 10 the only change we made in this contract is that if they 11 need to be released and Real County sends us the 12 appropriate paperwork, whether it be the bond amount or 13 the court orders or anything else we will release them 14 directly from our jail for them on their okay, instead 15 of them having to come take them back to Real County. 16 That's the only change in the contract, and I don't have 17 a problem with doing that. 18 JUDGE POLLARD: You reviewed the contract? 19 MRS. STEBBINS: Yes, Sir. 20 COMMISSIONER MOSER: And they're still 21 responsible for medical and all that? 22 SHERIFF HIERHOLZER: Yes, Sir. Everything 23 material in the contract is exactly the same. The only 24 thing that changed was that we'd be willing to release 25 them if they needed us to. 30 1 COMMISSIONER LETZ: Move for approval. 2 JUDGE POLLARD: Is there a second? 3 COMMISSIONER BELEW: Do we have a reciprocal 4 kind of agreement with all other counties? 5 SHERIFF HIERHOLZER: No. They don't have a 6 -- they couldn't house our's -- 7 JUDGE POLLARD: Since they don't have a 8 jail. 9 COMMISSIONER BELEW: I'm just curious. If 10 we have people in Bell County and different places, is 11 that the way it works when a prisoner has done their 12 time, they're turned out wherever they're at at the 13 moment? 14 SHERIFF HIERHOLZER: Some, depending on the 15 contract. Burnet required that when we were housing 16 our's, they required us to pick them up and bring them 17 back here and release them. Bell didn't have a problem 18 with releasing them from there. It was just the type of 19 contract, it's up to that agency. 20 COMMISSIONER MOSER: I'll second -- or was 21 it seconded? I'll second the motion. 22 JUDGE POLLARD: Okay. Was moved by 23 Commissioner Letz, wasn't it? 24 COMMISSIONER LETZ: I think so. 25 JUDGE POLLARD: Commissioner 3. A bunch of 31 1 old guys loss of recent memory, you know. 2 COMMISSIONER MOSER: Hey, hey, hey. 3 JUDGE POLLARD: Seconded by Commissioner 4 Precinct 2 to approve the Interlocal Agreement between 5 Kerr County and Real County for jail services and allow 6 the County Judge to sign same pursuant to item 1.7 on 7 the agenda. Is there any further discussion, comment or 8 question? There being none, those in favor of the 9 motion signify by raising your right hands. It's three 10 zero, unanimous. One abstention, myself. 11 We gotta go to a timed item that was set at 12 9:30. 1.9 consider, discuss and take appropriate action 13 concerning opening and receiving sealed competitive bids 14 for countywide reroofing from the 2016 hail storm, and 15 award a contract to the lowest qualified bidder. Mr. 16 Hastings. 17 MR. HASTINGS: Thank you. ARMKO has 18 prepared plans and specifications to reroof the modified 19 bitumen roofs of the courthouse, court annex, and 20 Juvenile Detention Facility and to reroof a small 21 shingle roof at the juvenile probation facility. On 22 March 12th, 2018 the Court authorized the clerk's office 23 to advertise the project in the local newspaper. A 24 mandatory pre-bid walkthrough conference was held at 10 25 a.m. on Wednesday, March 28th, 2018 at courthouse with 32 1 visits to all the facilities I just mentioned, and 2 competitive sealed bids were received by the County 3 Clerk no later than 3 p.m. on Friday, April 6th, 2018. 4 The County Engineer requests that the County 5 Judge open all the bids stamped on or before 3 p.m., 6 April 6th, 2018 and read aloud the name of the 7 contractor, that's on page 1 of 6. Contractor's 8 acknowledgement of addendum numbers 1 and 2, that's page 9 1 of 6 also. And the contractor's bid for proposal 10 number 1 through 8, that'll be found on pages 1 through 11 4 of 6. And the two unit price pages -- there's actual 12 four unit prices on pages 4 and 5. County Engineer will 13 then review all bids during the remainder of the Court 14 meeting and return to make a recommendation to award the 15 contract to the lowest qualified bidder. 16 If we could get all those opened and read 17 allowed for the record. I'll take them then when we're 18 done reading them and talley everything and come back, 19 maybe after -- well, later this morning during the 20 regular Court so we can get it awarded to the lowest 21 qualified bidder. 22 JUDGE POLLARD: Did you want to read them. 23 COMMISSIONER LETZ: Sure. First bid, we 24 have three of them, is from CS Advantage USAA, Inc. 25 JUDGE POLLARD: Where are they located? Do 33 1 you know, Charlie? 2 MR. HASTINGS: I think they're out of San 3 Antonio, but I could be wrong on that. 4 JUDGE POLLARD: Not disclosed. 5 COMMISSIONER LETZ: They're from College 6 Station, Texas. 7 MR. HASTINGS: There we go. 8 COMMISSIONER MOSER: Conflict of interest. 9 JUDGE POLLARD: We got a problem. You're 10 wearing the wrong sweater here. 11 MR. HASTINGS: I think they got an office in 12 Austin, Boss. 13 COMMISSIONER LETZ: All right, on proposal 14 item 1 their amount was $275,000.00. Proposal item 2 15 299,000. Proposal item 3, 15 thousand. Proposal item 16 4, 20 thousand. Proposal item 5, four thousand. And 17 proposal item 6 is 95 thousand. Proposal item 7 is 18 185,000. Proposal item 8 is 14 thousand. Is that all I 19 need to read, Charlie? 20 MR. HASTINGS: No, Sir. There should also 21 be some unit price bids there. 22 COMMISSIONER LETZ: Oh, unit price bids. 23 Number 1 is under roofing. Number 1 is ten dollars per 24 square foot. Number 2 under roofing is 8 dollars per 25 board foot. Number 3 this is for concrete deck or looks 34 1 like damaged concrete decks is 20 dollars per square 2 foot. And removal and replace damaged or wet 3 lightweight fill is 8 dollars per square foot. 4 JUDGE POLLARD: Did you say where they were 5 from? 6 COMMISSIONER LETZ: College Station. 7 MR. HASTINGS: Did they also acknowledge on 8 the very first page that Addendum 1 and 2. Was it 9 written in there? They'll just write a 1 and a 2, 10 there's a blank place for them to write it on the same 11 page that has the first bid item. 12 COMMISSIONER LETZ: I see a proposal form. 13 COMMISSIONER MOSER: It should be in the 14 first paragraph. 15 COMMISSIONER LETZ: Yeah, there's a 1. I 16 don't see it. 17 MR. HASTINGS: They just did 1, okay. They 18 should have wrote down both. 19 COMMISSIONER LETZ: Okay. The next bid is 20 from American Roofing and Metal Company. I'm not sure 21 where they're from. They are based out of San Antonio. 22 And they have on the first page 1 and 2 written. 23 Proposal item 1 it's $159,847.00. Proposal 24 item 2, 302,750. Proposal item 3, 3,750. Proposal item 25 4, 6,800. Proposal item 5, 17540. Proposal item 6, 35 1 $121,854.00. Proposal item 7, $148,051.00. Proposal 2 item 8, 19,950. And the unit prices Number 1, $8.50 per 3 square foot. Item 2 is $6.50 six dollars and 50 cents 4 per Board foot. Number 3 is $14.50 per square foot. 5 Number 4 is $20.00 per square foot. 6 Next bid is from L.D. Tebben Company out of 7 Austin. 8 JUDGE POLLARD: (Indicating Hook'em Horns.) 9 COMMISSIONER LETZ: They did not fill in the 10 first Addendum 1 or 2, they left that blank. Proposal 11 item 1, $331,499.00. Proposal item 2, $608,765.00. 12 Proposal item 3, $30,225.00. Proposal item 4, 13 $38,750.00. Proposal item 5, $42,588.00. Proposal item 14 6, $272.250.00. Proposal item 7 is $469,133.00. And 15 proposal item 8 is $22,883.00. And the unit pricing 16 under the roofing be Number 1 is $25.00 per square foot. 17 Number 2 is $8.25 per board foot. Number 3 is left 18 blank. And I though there was a number 4 on the other 19 one, but it was left blank as well. That's it. 20 MR. HASTINGS: I'll go through them. 21 COMMISSIONER MOSER: I make a motion that we 22 accept all bids and refer them to the County Engineer 23 for recommendation. 24 COMMISSIONER MOSER: Second. 25 JUDGE POLLARD: Been moved by Commissioner 36 1 Precinct 3, seconded by Commissioner Precinct 2 to 2 accept all of the bids, and to refer them to Mr. 3 Hastings for study and returning to Commissioners' Court 4 with a recommendation. Okay? 5 MR. HASTINGS: Thank you. 6 JUDGE POLLARD: Is there any further comment 7 or discussion? There being none, those in favor of the 8 motion signify by raising your right hands. It's three 9 zero, unanimous. One abstention, myself. 10 Let's see, no other timed items, all right. 11 1.8 consider, discuss and take appropriate action to 12 approve an Interlocal Agreement between Kerr County and 13 Edwards County for jail services, and allow the County 14 Judge to sign same. Sheriff Hierholzer. 15 SHERIFF HIERHOLZER: This contract has 16 already been signed by Edwards County, and its the same 17 exact form that we had sent them and all the agreements, 18 and I just ask that y'all ratify it. 19 JUDGE POLLARD: Same terms as the Real 20 County one? 21 SHERIFF HIERHOLZER: No. This one they'll 22 pick up as it states in the contract. There's both of 23 those, and I just ask that you ratify this one. 24 COMMISSIONER MOSER: Move for approval -- 25 COMMISSIONER LETZ: Second. 37 1 COMMISSIONER MOSER: Of the Interlocal 2 Agreement between Kerr County and Edwards County for 3 jail services and allow County Judge to sign same. 4 JUDGE POLLARD: Been moved by Commissioner 5 Precinct 2, seconded by Commissioner Precinct 3 pursuant 6 to item 1.8 on the agenda, and that is to approve the 7 Interlocal Agreement between Kerr County and Edwards 8 County for jail services and allow the County Judge to 9 sign same. Any further comment, discussion or 10 questions? You've looked at them? 11 MRS. STEBBINS: Yes, Sir. 12 JUDGE POLLARD: All right. There being no 13 further comment or questions, those in favor of the 14 motion signify by raising their right hand. Three zero, 15 unanimous. One abstention, myself. 16 SHERIFF HIERHOLZER: Just as information the 17 one we have with Kendall County, we're housing 22 of 18 those inmates and we're getting about 11 hundred dollars 19 a day for housing. 20 JUDGE POLLARD: Wow, that helps, yeah. 21 Okay, we go to item 1.10 consider, discuss and take 22 appropriate action regarding quarterly reports for the 23 Animal Control Services to the City and Library Services 24 for all County residents, per the Interlocal Agreement. 25 Commissioner Moser and Letz. 38 1 COMMISSIONER MOSER: Judge, I'll start that 2 off. In our Interlocal Agreement for County to provide 3 Animal Control Services to the City, and the City 4 provide full services to the library for all County 5 residents outside the City. The agreement was in three 6 months, which would have been April the first that we 7 would have a report from both entities to the other. We 8 received the report from the City, the library director 9 from the City of Kerrville on March the 29th with a full 10 report of all the activities there. And just I think a 11 note as of last Wednesday or Thursday, there had been 12 858 library cards issued since the first of January 13 to -- free library cards to people outside of the City. 14 JUDGE POLLARD: As compared to how many in 15 that same period? 16 COMMISSIONER MOSER: Just a few, okay. So 17 it was very very low. So it's a huge, huge response and 18 showing a real need. And so this is on the agenda, I 19 think, or it is, that we -- the head of Animal Control 20 should send a report to the City delineating the things 21 that they ask for, the number of animals picked up, etc. 22 etc. that they delineated they'd like to see. So I 23 don't know -- 24 COMMISSIONER LETZ: I can add to that. I 25 know Reagan didn't need to be here today. And offhand 39 1 this is what was sent to the City already. It is not 2 exactly -- two things, one is our regular reports do not 3 necessarily have the information that the City Manager 4 requested in their letter exactly. We just don't keep 5 -- have never kept records that way. So we're looking 6 back and doing -- these are copies of our monthly 7 reports that we receive monthly and a little bit of a 8 summary that goes into some of it. But we're looking 9 at -- Reagan and staff are looking at it and trying to 10 break it out more exactly what the City Manager 11 requested. 12 There is a glitch from the standpoint in 13 March, their server was down for two weeks, a little 14 over two weeks. 15 COMMISSIONER MOSER: There's was, Animal 16 Control? 17 COMMISSIONER LETZ: Yes. And it's a -- I 18 did talk with John Trolinger a little bit about that on 19 a separate issue, but there's a lot of data that we were 20 really having to plow through for having been down so 21 long. I'm not sure why it was down so long. 22 COMMISSIONER BELEW: I remember it 23 happening. I can't tell you exactly why, they were 24 redoing something. 25 COMMISSIONER LETZ: But anyway -- in other 40 1 words there's a void in the data we have for March. But 2 we're really what we're looking at and Reagan's spending 3 quite a bit of time in keeping the records this way to 4 see what's going on really, the exact timing of how many 5 calls we're getting per hour, and you know, and where 6 they're going. 7 JUDGE POLLARD: From City residents? 8 COMMISSIONER LETZ: And both. The County 9 and City. We really want to look at it in something 10 that we've never asked that department to look at the -- 11 track things this way. We want to look at a lot more 12 exactly where their people are, because in talking with 13 Reagan, and Commissioner Reeves and I talked to him, 14 probably be on our next agenda will be the goal to look 15 at it. The thought is that there probably is going to 16 be some need for some modification to the agreement. 17 Not changing it really, but just changing the terms a 18 little bit. Like right now it's twenty-four seven is 19 what the agreement calls for. It doesn't seem to make 20 sense to go twenty-four seven. It is pushing our man 21 power pretty much to the limit for sitting around and 22 not doing much all night. Reagan's looking at that 23 data, looking at a new schedule to go maybe to shut off 24 at 11 or 12 at night, something like that. So it'll 25 provided the same service and go to on-call at night. 41 1 Because what is happening is we end up with -- on paper 2 the staffing works out, but as soon as you -- our comp 3 time is mounting more and more and more, because every 4 time we, you know, need to call a second person in or 5 you do some sort of a special event all of a sudden all 6 that time is comp time that we're accruing, so it's 7 looking at a way to avoid that, but not to distinguish 8 the service to the City. 9 COMMISSIONER MOSER: Think that was 100 10 percent consistent with what the agreement was, and that 11 was let's try it, see how it goes, and then if we have 12 to make some modifications or something we'll go from 13 there. So I think it's -- and so the report's been sent 14 to the City? 15 COMMISSIONER LETZ: This has been sent to 16 the City, the same that you have. But more they'll be a 17 second report and be a -- you know, I'm not sure if we 18 meet with the City Manager a little at first, or meet 19 with the Court the next time. 20 COMMISSIONER MOSER: So I don't think 21 there's -- no action's required. 22 COMMISSIONER LETZ: No. 23 COMMISSIONER MOSER: I think that's between 24 Reagan sending it over, and library -- 25 JUDGE POLLARD: Well, I have some questions. 42 1 That report from the City that you referenced there, I 2 don't think that was included in the agenda package. At 3 least it wasn't in mine. 4 COMMISSIONER LETZ: It was mailed earlier. 5 COMMISSIONER MOSER: Yeah, I think it was 6 mailed to everybody. 7 COMMISSIONER BELEW: I don't remember it 8 either. 9 JUDGE POLLARD: All right. Second question, 10 is there any way that we're going to be able to convert 11 all this information over to find out what it's costing 12 us to do this, and in terms of dollars? Because we need 13 to -- we need to kind of match those figures with what 14 our contribution to the City library is. I thought that 15 was the whole purpose. 16 COMMISSIONER MOSER: We're not contributing 17 anything to the City library. 18 JUDGE POLLARD: Well, I know we're not. But 19 if you figured out a percentage of how many calls are 20 from the City, and figure out what -- take our budget 21 then and figure out, lets just say it's 25 percent over 22 our cost, then we come up with a 25 percent of our 23 budget related to that, and compare it to what that 24 would be as a -- if it were a contribution to the City 25 library. I think -- I just -- we need to figure out if 43 1 we're being taken on this deal or we're not being taken 2 on this deal. 3 COMMISSIONER MOSER: And I think that's what 4 I just said a while ago. Let's see how it goes. And 5 what you're saying is absolutely appropriate to do and 6 see how it seems, right. Because Reagan didn't know, ou 7 he didn't know how many calls there were going to be. 8 COMMISSIONER LETZ: So this is something to 9 look at and what Commissioner Moser said this is part of 10 the agreement they had after the first quarter so we 11 could tweak it if needed prior to budget. 12 COMMISSIONER MOSER: Precisely. 13 COMMISSIONER LETZ: The other thing, and I 14 see some people that are very interested in that 15 facility in the audience today, that you know one of the 16 things in discussing with the City we need to look at 17 some additional positions out there. One being possibly 18 being an adoption coordinator as a part-time position. 19 Reagan and myself and Bob have talked about that, along 20 with some members in the public that are concerned about 21 that facility, and that's something that needs to be 22 discussed with the City. I mean do they think that's 23 something that should be done. 24 COMMISSIONER BELEW: What is it the City is 25 asking for that we don't provide? 44 1 COMMISSIONER LETZ: The housing, they 2 requested housing numbers per day. They wanted to track 3 a little bit more detail than we do on what happens with 4 an animal when it's picked up. How many of them were 5 adopted out, how many of them, you know, went here, and 6 how many of them have been euthanized. They were 7 tracking each animal from the City, and we track total. 8 We just don't track them by the City, by the County. We 9 haven't in the past, so we have to go back and mainly 10 look at how many of the City animals may have been 11 euthanized. And the numbers for the year, I believe, 12 it's like ten of dogs for the year, something like that, 13 it's a pretty small number, so it's not real hard to 14 track them. We euthanize very few dogs. Cats are a 15 little bit different, and most of the cats that are 16 euthanized we're now keeping track of them wild cats 17 versus regular cats, and if you start looking at the 18 euthanized numbers that are high the majority of them 19 are wild cats, the biggest number of them. We also have 20 quite a few skunks, which I hate to see how they handle 21 skunks, I'm glad I'm not there the days they come in, 22 but they get euthanized as well, and other animals they 23 catch. 24 So the city's requested some information and 25 what they requested and I think is a -- and talked to 45 1 Reagan we would like to -- I'd like to track it better 2 than we have in the past. Reagan pretty much has kept 3 the same system that was in place and it was a general 4 system, and I think we need to be able to track things a 5 lot more, and so we can let the public know exactly 6 what's going on with some of these animals and tracking 7 them. 8 JUDGE POLLARD: I'm interested in the 9 dollars, the bottom line, that's what I want to hear. 10 COMMISSIONER LETZ: Now, I will say on the 11 dollars it will be a little bit difficult because it was 12 a combined department previously, so now we're splitting 13 it out again, it'll be -- you know, it'll be a little 14 bit of -- 15 COMMISSIONER BELEW: It'll take a while. 16 COMMISSIONER LETZ: -- you know, it's not 17 going to be a compare this budget to last year's budget, 18 but we can get pretty close. 19 COMMISSIONER MOSER: Okay, no action 20 required. 21 JUDGE POLLARD: Okay, the next item is 1.11 22 consider, discuss and take appropriate action on Mass 23 Gathering Permit for the Kerrville Folk Festival 24 Foundation, Inc. dba Kerrville Folk Festival. This is 25 one where the statute, I think, requires the designation 46 1 of somebody by the Commissioners' Court as the 2 Commissioners' Court representative to make a report to 3 the County Judge, so I gotta hold a separate hearing, 4 it's really a hearing on the matter, and those are one 5 of the things I'm required to hear before I make a 6 ruling on it. And last time that was done I understand 7 Commissioner Precinct 1 was the designee. 8 COMMISSIONER BELEW: Uh-huh. 9 JUDGE POLLARD: If you're willing to accept 10 that designation again? 11 COMMISSIONER BELEW: Yeah. 12 COMMISSIONER LETZ: Enthusiastic. 13 JUDGE POLLARD: Reluctantly. 14 COMMISSIONER MOSER: Got his red jacket on. 15 JUDGE POLLARD: All right, is there a 16 motion? 17 COMMISSIONER LETZ: Move that we designate 18 Commissioner Precinct 1 Belew as the Fire Marshal as it 19 relates to the Mass Gathering Permit for the Kerrville 20 Folk Festival Foundation. 21 COMMISSIONER MOSER: Is that the only thing 22 that relates to Fire Marshal for the permit? 23 COMMISSIONER LETZ: For that specific, yeah. 24 COMMISSIONER MOSER: I second. 25 JUDGE POLLARD: It's been moved by 47 1 Commissioner Precinct 3, seconded by Commissioner 2 Precinct 2 to appoint Commissioner Precinct 1, Mr. 3 Belew, as the Fire Marshal and make a report to the 4 County Judge in order to enable the Judge to have a 5 hearing, and for the purpose of approving the Mass 6 Gathering Permit for the Kerrville Folk Festival. Is 7 there any further comment or discussion? This is in 8 regard to item 1.11 of the agenda. No questions? 9 COMMISSIONER BELEW: Do I to have sing any 10 folk songs? 11 COMMISSIONER LETZ: You're a good singer. 12 JUDGE POLLARD: Yeah. Yeah, let's go ahead. 13 I'm going to take you up on that. 14 COMMISSIONER BELEW: No. 15 JUDGE POLLARD: Don't make those offers. 16 All right, those in favor of the motion signify by 17 raising your right hand. It's three zero, unanimous. 18 One abstention, myself. 19 COMMISSIONER LETZ: Judge, can we go back to 20 1.6 please, related to the DRG contract? 21 JUDGE POLLARD: Yes, back to 1.6 the 22 amendment to the agreement between Kerr County and DRG 23 Architects, LLC contract for the training building. Mr. 24 Hierholzer. 25 SHERIFF HIERHOLZER: I did talk with Mr. 48 1 Gondeck with DRG Architects and he was kind of of the 2 same thing, he wasn't sure what the final cost of this 3 would be, but he said he didn't have any problem working 4 with Kerr County and initially dropped that cost from 30 5 to 20 thousand. 6 COMMISSIONER LETZ: I make a motion that we 7 approve the agreement with -- the first amendment to the 8 agreement between owner and architect for Kerr County 9 Jail additions and alterations, with the contract amount 10 being a fixed fee $20,000.00. 11 COMMISSIONER BELEW: Second. 12 JUDGE POLLARD: All right, as to 13 reconsideration of item 1.6, which will be the second 14 vote on that to approve the First Amendment to the 15 agreement between Kerr County and DRG Architects, LLC to 16 develop the training facility at the Sheriff's office. 17 It's been moved by Commissioner Precinct 3, seconded by 18 Commissioner Precinct 1 significantly, one of the 19 opposing votes previously, to approve that item. Is 20 there any further comment or discussion? I think it was 21 worth -- 22 COMMISSIONER BELEW: It was worth it, and 23 thank you to Commissioner 3 for saving us some money 24 today. 25 JUDGE POLLARD: I know. I think it was 49 1 worth putting it off for a little bit. Okay, those in 2 favor of the motion signify by raising your right hand. 3 It's four zero, unanimous. Okay, all right, it passes. 4 SHERIFF HIERHOLZER: Just a comment to your 5 prior agenda, the former Fire Marshal had a hat. 6 COMMISSIONER BELEW: Do I get a red hat? 7 MRS. STEBBINS: I think he took that with 8 him. 9 JUDGE POLLARD: We'll see what we can do. 10 COMMISSIONER BELEW: Is that County 11 property? 12 JUDGE POLLARD: Yes. It might be a Santa 13 Clause hat. 14 Okay, item 1.12 -- 15 COMMISSIONER LETZ: Judge, can we defer 16 that? That needs to go to executive session. 17 JUDGE POLLARD: That needs to go to 18 executive session I'm informed. 19 Item 1.13 consider, discuss and take 20 appropriate action regarding the Kerr County Flood 21 Warning Grant Application. Commissioner Moser. 22 COMMISSIONER MOSER: Yes. Judge, just for 23 the record, we submit an application for a grant for the 24 flood warning system a million dollars, that was to 25 Texas Department of Emergency Management. That was 50 1 declined. We then received a notice that the Governor 2 wanted to move forward on some of the flood mitigation 3 and flood issues, and that there was funds available and 4 that would we submit a notice of intent. We submitted 5 that notice of intent, and so now we've been notified 6 that we could submit an application. So I move that we 7 resubmit our application as we did before with all the 8 same engineering backup and so forth, and we would -- 9 it's not an obligation for a commitment on our part, but 10 it's just submitting the application. And it'll be done 11 by GrantWorks at no cost to the County. That's my 12 motion. 13 COMMISSIONER BELEW: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Precinct 2, seconded by Commissioner Precinct 1 to 16 approve the application for a grant, or pursuant to item 17 1.13 of the agenda for the grant to pay for the Kerr 18 County Flood Warning Grant Application, is what it 19 amounts to, for the flood warning system. 20 COMMISSIONER MOSER: It's for us to submit 21 an application for the flood warning grant. Right, 22 correct. 23 JUDGE POLLARD: Okay. Any further comment 24 or question? If not, those in favor of the motion 25 signify by raising their right hand. It's three zero, 51 1 unanimous. One abstention, myself. 2 Item 1.14 consider, discuss and take 3 appropriate action to accept $150.00 donation from Hill 4 Country CASA to be used for the Crime Victim's Rights 5 Week. Brenda Doss. 6 MRS. DOSS: Yes, Sir. Crime Victim's Rights 7 Coordinator received a donation of $150.00 from the Kerr 8 County Hill Country CASA, and it is for event support, 9 so I'm asking the Court to accept the donation and 10 restrict it to be used only for event support. The 11 event is this week, it's Crime Victim's Rights Week, and 12 she has different things going on that she would use the 13 money for. 14 MRS. STEBBINS: She has an event scheduled 15 later this week, I think on the 12th, that she would use 16 the money for, and would probably invite y'all to come. 17 COMMISSIONER BELEW: I make the motion to 18 accept the donation. 19 COMMISSIONER MOSER: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Precinct 1, seconded by Commissioner Precinct 2 pursuant 22 to item 1.14 of the agenda, and that is to accept 23 $150.00 donation from Hill Country CASA to be used for 24 Crime Victim's Rights Week. Is there any further 25 comment or discussion? There being none, those in favor 52 1 of the motion signify by raising their right hand. It's 2 three zero, unanimous. One abstention, myself. 3 Item 1.15 consider, discuss and take 4 appropriate action concerning the cost and timing of 5 changing the Tyler Technology Incode Financial System 6 from two digit fund numbers to three digit fund numbers, 7 whatever that means. Brenda Doss. 8 MRS. DOSS: Yes. Currently our Tyler 9 Technology Incode Financial software utilizes two digit 10 fund numbers, and we are running out of fund numbers, so 11 we have to change to three digit fund numbers. Tyler 12 Technology, I've gone back and forth and asked them a 13 lot of questions. They have a program that they have 14 written to do this. It's really time consuming because 15 what you have to do is transfer all the history from 16 each individual line item to a new line item. The 17 expense it would be about ten thousand dollars, because 18 we currently have 5,560 lines of codes, or those are how 19 many account numbers we have, and we would have to 20 change history for each one of those. The timing they 21 don't do it in January or December, because that's when 22 we're those fees, and they won't do it at that time, and 23 I don't think it would be good to do it during our 24 budget process, or when we were trying to close our 25 books at the end of the year, so the best time to do it 53 1 would probably be in March or April. 2 COMMISSIONER BELEW: Brenda, this has to be 3 physically transcribed? 4 MRS. DOSS: Yes, Sir. 5 COMMISSIONER BELEW: There's no merged 6 program? 7 MRS. DOSS: Well, they have written a 8 program that does it, and it moves all the history from 9 each account or each line item to a new line item, but 10 it is time consuming, because we have so many line 11 items. 12 COMMISSIONER BELEW: So we can't just start 13 adding digits to the end of what we have? 14 MRS. DOSS: No, we have to change everything 15 over. And we're running out of fund numbers. Now, I 16 did find out because we started -- our fund numbers 17 start at ten, and I did ask Incode if we could utilize 18 fund numbers with leading zeros and they said yes, we 19 can. The problem with that is when we forward it to 20 sort it doesn't sort correctly, and that is a problem 21 for me and it's a problem for our external auditors. 22 But we do have I think maybe two fund numbers left and 23 then we also have the fund numbers with leading zeros 24 in case we absolutely had to do it. I'm bringing this 25 before you because I think I just need to let you know 54 1 it needs to be in next year's budget so we can get this 2 done next year. 3 COMMISSIONER BELEW: So we can go through 4 October as it is? 5 MRS. DOSS: I think so, yes. 6 COMMISSIONER MOSER: Up to October. 7 COMMISSIONER BELEW: Yeah, up to. 8 MRS. DOSS: It's also going to effect IT, 9 because it also affects our Odyssey System, but John 10 said he thought they could do that themselves. 11 JUDGE POLLARD: All right, is there a 12 motion? 13 MRS. DOSS: I just wanted to let you know. 14 COMMISSIONER MOSER: So it's for 15 information. 16 MRS. DOSS: Yeah, the cost is going to be -- 17 JUDGE POLLARD: So no action required? 18 MRS. DOSS: No action required. 19 JUDGE POLLARD: I notice that Mr. Hastings 20 is back, this is concerning item 1.9 on the agenda. 21 Have you completed your study of those bids? 22 MR. HASTINGS: Yes, Sir, I have. And I've 23 consulted with the County Attorney, and am requesting 24 that we take this item to executive session under 25 contract negotiations before any decisions are made. 55 1 COMMISSIONER BELEW: Can we take a break? 2 JUDGE POLLARD: Let's take a ten-minute 3 break. 4 (Ten-minute break.) 5 JUDGE POLLARD: Okay. Somebody invite 6 Commissioner Moser back in, it's time to resume. 7 Okay, it's 10:15 a.m. and we're back in 8 session. We'll go to section of the agenda 4.1 pay the 9 bills. 10 MRS. DOSS: No bills. 11 JUDGE POLLARD: No bills to pay. 12 4.2 budget amendments? 13 MRS. DOSS: No budget amendments. 14 JUDGE POLLARD: 4.3 late bills? 15 MRS. DOSS: No late bills. 16 JUDGE POLLARD: No late bills. 17 4.4 approve and accept monthly reports. 18 COMMISSIONER LETZ: Yes, I've got them. We 19 have four monthly reports. Constable Precinct 2 for 20 March, J.P. 3 for March, J.P. 2 for March, and Constable 21 Precinct 1 for March. 22 I move we accept those reports. 23 COMMISSIONER BELEW: Second. 24 JUDGE POLLARD: It's been moved by 25 Commissioner Precinct 3, and seconded by Commissioner 56 1 Precinct 1 to accept the monthly reports, just a summary 2 of them just read into the record, and to approve them 3 where ever necessary. Is there any further comment or 4 discussion? There being none, those in favor of the 5 motion signify by raising your right hands. It's three 6 zero, unanimous. One abstention, myself. 7 4.5 Auditor's reports. 8 MRS. DOSS: We have one Auditor report. 9 It's for the audit of the procedures and operations of 10 the commissary and inmate trust account at the jail. 11 Local Government Code requires the County Auditor to 12 complete an audit on the jail commissary annually. This 13 is then also provided to the Texas Commission on Jail 14 Standards, and we've also provided it to the Sheriff and 15 the Jail Administrator. I put a copy of the audit in 16 your box for your review. The findings and observations 17 are on page 3. This year when we were completing the 18 audit the inmates were not in the facility, which means 19 when they were moved out then all of their money was 20 also moved out of the inmate trust fund. We found some 21 discrepancies. As you can see there were quite a lot of 22 findings and observations, things weren't being recorded 23 correctly in the software, and this went back years and 24 years and years. And a lot of them were small dollar 25 amounts and we just wanted to go ahead and get it all 57 1 corrected so that moving forward everything balanced 2 evenly or correctly. 3 A lot of it was software problems, things 4 just weren't recorded correctly in the lockdown 5 software, so we made those corrections, or we 6 recommended that they were made, and worked with the 7 software company to get those corrected. 8 COMMISSIONER LETZ: We don't need to accept 9 that though, do we? 10 MRS. DOSS: Yes, you do need to accept it. 11 COMMISSIONER LETZ: I move we accept the 12 auditor's report for the jail commissary. 13 COMMISSIONER BELEW: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Precinct 3, seconded by Commissioner Precinct 1 to 16 accept the Auditor's report as read into the -- 17 referenced into the record and submitted as part of the 18 agenda package by exhibit. Is there any further 19 discussion or comment or question? There being none, 20 those in favor of the motion signify by raising their 21 right hands. It's three zero, unanimous. One 22 abstention, myself. 23 4.6 court orders. Are there any court 24 orders? I've got a bunch in the agenda package that 25 I'll execute, but no announcement of any additional 58 1 ones? 2 COMMISSIONER MOSER: Or any changes? I 3 didn't of any changes. 4 COMMISSIONER LETZ: I didn't have any. 5 MRS. GRINSTEAD: We didn't receive any new 6 ones. 7 COMMISSIONER LETZ: We didn't receive any 8 new ones. 9 JUDGE POLLARD: All right, 5.1 reports from 10 Commissioners/Liaison Committee Assignments. Anybody? 11 COMMISSIONER MOSER: Something on KEDC 12 Kerrville Economic Development Corporation. KEDC 13 Executive Director presented to the Court return on 14 investments. And that same presentation will be made at 15 the City Hall tomorrow during City Council meeting, and 16 the reason it's there is just so all stakeholders can 17 see and hear that, and so it's been posted, so members 18 of Commissioners' Court can go listen to that again if 19 they so choose, but that's the purpose of that. 20 There's still discussions between KEDC and 21 the Chamber of Commerce on the possibility of combining 22 those entities to see if there's some efficiencies to be 23 gained, and then anything completed discussions are 24 still proceeding. So that's all I have. 25 COMMISSIONER LETZ: I have one comment and 59 1 related to the quarry meeting. I appreciate 2 Commissioner Moser taking the lead on that, but I would 3 ask in future ones -- I was asked -- and didn't know 4 anything about it until I was asked by a person who 5 received a letter, invitation to attend, and I'm kind of 6 like what's this about. And I said I have no idea. So 7 I think, you know, it came out as if it was a County 8 workshop or whatever, and it was like say I have no -- 9 any reason to do it, but let us know ahead of time 10 please. 11 COMMISSIONER MOSER: Yeah, okay. 12 COMMISSIONER LETZ: And on that same 13 comment, or on the same issue, and this is I guess where 14 I put on my hat for the construction project as the 15 liaison. There's been a couple letters to the editor 16 recently about the county's -- or Pesado's operation 17 with getting gravel near the river for the sewer 18 project. Ray Buck, myself, Bobby Gore, and Travis, we 19 all went out and did an unannounced inspection of that 20 site last week, and everything was above and beyond 21 compliance of the permit that Pesado has. The 22 allegations that were made in the letters to the editor, 23 there were two of them, they were false, they were not 24 true. One of them was that we were digging gravel right 25 next to cypress trees and there is no indication that we 60 1 had probably dug anything within a hundred foot of any 2 cypress trees down there. And the permit requires that 3 there be no activities within 30 feet of the river, and 4 they have a silt fence up, and there's been no activity. 5 The closest point we could find the silt fence to the 6 river was like 35 feet. But there's no activity -- 7 they're driving next to it, but there's no activity from 8 mining standpoint for a long ways from the river. So 9 they're in full compliance on it, and you know -- 10 COMMISSIONER MOSER: Similarly there was 11 concern about operating in the floodplain without having 12 a floodplain permit and I worked with Floodplain 13 Administrator Charlie Hastings several weeks ago, and 14 all those permits are there and in place, and so it's -- 15 yeah, and I didn't know about the silt in the river but 16 thanks for checking on that. 17 COMMISSIONER LETZ: But anyway everything is 18 being well done there, and anyway that's it. 19 JUDGE POLLARD: Anything further? 20 COMMISSIONER MOSER: No. 21 JUDGE POLLARD: All right, 5.3 reports from 22 Board, Commissions and Committees. Anybody? 23 City/County joint projects or operations 24 reports? Any others? Anybody else? Yes, Sheriff. 25 SHERIFF HIERHOLZER: Just real quick, as 61 1 alluded to awhile ago the jail population is now at 2 about 228, and 22 from Kendall County, and it is 3 starting to stretch jail staff. Prior recommendations 4 we're just going to have to look at that at least during 5 budget if not before. 6 JUDGE POLLARD: Just a question of money. 7 Always money the bottom line, isn't it? 8 Okay. All right, with that we're going to 9 go into executive session. 10 (Executive Session.) 11 JUDGE POLLARD: All right, let's go back 12 into open session. All right, we're back in open 13 session again. Is there a motion? 14 COMMISSIONER LETZ: Yes. Related to item 15 1.12, I make a motion that we extend the period for 16 which Shane Evans will be the Interim Maintenance 17 Director for two weeks, and during that time hopefully 18 he can resolve any nepotism issues that may relate to a 19 violation of our policy, and also allow time for HR 20 Department to post a custodial position. 21 COMMISSIONER MOSER: Second. 22 JUDGE POLLARD: All right, that was moved by 23 Commissioner Precinct 3, seconded by Commissioner 24 Precinct 2 -- I'm not going to try to repeat that. It's 25 read into the record by Commissioner Letz. Is there any 62 1 further comment or discussion? If there's none, those 2 in favor of the motion signify by raising your right 3 hands. It's three zero, unanimous. One abstention, 4 myself. 5 Is there any other business for the 6 Commissioners' Court in open session? There being none, 7 we are adjourned. Thank you. 8 * * * * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 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 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Commissioners' Court. 9 Dated this the 20th day of April, 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