1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, June 25, 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 *** Visitor's Input. 6 4 *** Commissioner's Comments. 8 5 1.1 Public hearing for the revision of plat 13 for lot 48 in Kerrville South 2, Volume 4, 6 Page 64, Precinct 1. 7 1.2 Consider, discuss and take appropriate 13 action for the Court to approve the 8 revision of plat for Lot 48 in Kerrville South 2, Volume 4, Page 64, Precinct 1. 9 1.3 Consider, discuss and take appropriate 15 10 action for the Court's approval to fill (2) open 15 Grade Road Maintenance 11 Technician positions in the Road and Bridge Department. 12 1.4 Consider, discuss and take appropriate 14 13 action to authorize the County Judge to execute contract with Voelkel Surveying 14 to prepare a land survey of the right of way for Spur 100 Road owned by Doug McRae 15 to be dedicated to Kerr County. 16 1.5 Consider, discuss and take appropriate 19 action to authorize the County Judge to 17 execute professional services contract with Rock Engineering for a geotechnical 18 pavement investigation of Center Point River Road, Precinct 2. 19 1.6 Consider, discuss and take appropriate 29 20 action for the Court to set a public hearing for 9 a.m. on August 13, 2018 for 21 the revision of the plat for Lots 34 and 35 of Woodcreek, Volume 4, Page 285. 22 1.7 Consider, discuss and take appropriate 33 23 action for the Court to approve a final plat for Caster Acres. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.8 Consider, discuss and take appropriate 35 action to authorize the County Judge to 4 execute a contract with Voelkel Surveying to perform a land survey of right of way 5 along Sutherland Road. 6 1.9 Consider, discuss and take appropriate 40 action for the Court to approve a concept 7 plan for The Landing, Precinct 1. 8 1.10 Consider, discuss and take appropriate 43 action to open and receive bids for the 9 2018 Road Reconstruction Project, read bids aloud, refer bids to the County Engineer 10 for tabulation, and award to the lowest qualified bidder. 11 1.11 Presentation of the Texas Historical 46 12 Commission's Distinguished Service Award to the Kerr County Historical Commission. 13 1.15 Consider, discuss and take appropriate 52 14 action regarding request from the Upper Guadalupe River Authority to allow access 15 to locations in Kerr County for their Giant Cane Management Program they are 16 doing as part of an Interlocal Agreement they have with the Texas Parks and 17 Wildlife Department. 18 1.12 Consider, discuss and take appropriate 56 action to approve Kerr County renewal 19 of current insurance coverage to include auto liability, auto physical damage, 20 general liability, public officials liability, law enforcement liability, 21 crime insurance with the Texas Association of Counties Risk Management Pool to renew 22 October 1, 2018, and have the County Judge sign same. 23 1.13 Consider, discuss and take appropriate 58 24 action to approve an Interlocal Agreement between Kerr County and Llano County for 25 jail services and allow the County Judge to sign same. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Consider, discuss and take appropriate 59 action to ratify and confirm various 4 documents related to the Kerr County Flood Warning System grant. 5 1.16 Consider, discuss and take appropriate 61 6 action regarding funding the construction cost of the East Kerr County/Center Point 7 Wastewater System. 8 1.17 Consider, discuss and take appropriate 75 action to approve Amendment #7 to the 9 Agreement for Engineering Services between Kerr County, owner, and Tetra 10 Tech, Inc., Engineer for Center Point Wastewater Improvements. 11 1.18 Consider, discuss and take appropriate 76 12 action to approve Amendment #8 to the Agreement for Engineering Services 13 between Kerr County, Owner, and Tetra Tech, Inc., Engineer for Center Point 14 Wastewater Improvements. 15 1.19 Consider, discuss and take appropriate 77 action to review Economically Distressed 16 Areas Program (EDAP) application to the Texas Water Development Board (TWDB) and 17 other related documents concerning the East Kerr/Center Point Project, and 18 authorize Commissioner Letz and Commissioner Moser to prepare final EDAP application and 19 other related documents as may be needed for application submission to the Texas Water 20 Development Board before July 18, 2018. 21 1.20 Consider, discuss and take appropriate 87 action regarding request from the Texas 22 Department of Transportation (TxDOT) to use the right of entry at various locations 23 throughout the County to perform surveying, environmental, geotechnical, and/or utility 24 engineering for the State Highway 27 construction project. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.21 Consider, discuss and take appropriate 89 action to ratify and confirm Resolutions 4 for participants in the Kerr County Wounded Warrior Family Hill Country Adventure. 5 1.22 Consider, discuss and take appropriate 90 6 action regarding a 30-day extension on closing date for the Center Point River 7 Road property (purchased by Guadalupe Lazy Days, LLC.) 8 1.10 Consider, discuss and take appropriate 92 9 action to open and receive bids for the 2018 Road Reconstruction Project, read bids 10 aloud, refer bids to the County Engineer for tabulation, and award to the lowest 11 qualified bidder. 12 4.4 Approve and accept monthly reports. 98 13 5.2 Reports from Elected Officials/Department 99 Heads. 14 4.6 Court Orders. 103 15 *** Adjournment. 104 16 *** Reporters Certificate. 105 17 * * * * * * 18 19 20 21 22 23 24 25 6 1 JUDGE POLLARD: All right, it's June the 2 25th, 2018, it's now 9 a.m. and the Kerr County 3 Commissioners' Court is in session. We'll begin this 4 morning with Mr. Reeves leading us in the pledge and the 5 prayer. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE POLLARD: This is the part of the 8 session this morning that the public can come forward 9 and speak something on anything that's not on the 10 agenda. If so, please approach the podium, identify 11 yourself by name and address, and try to limit your 12 comments to three minutes, please. Yes, Sir. 13 MR. GORDON: Yes, I'm Wesley Gordon, I live 14 at 109 Covey Lane. I'd like to see if the County would 15 be interested, or to help us out in the fire department 16 with the getting the burn ban notifications and maybe 17 getting the Sheriff's Department to start writing 18 violations for burn burn violations. 19 JUDGE POLLARD: Sound like a reasonable 20 request. 21 COMMISSIONER LETZ: Thank you. 22 JUDGE POLLARD: Mr. McKenzie. 23 MR. McKENZIE: Good morning, Judge, 24 Commissioners. It's a happy time. 25 COMMISSIONER BELEW: For you. 7 1 MR. McKENZIE: For me. For me it's a happy 2 time. No, it's been a wonderful -- it's been a 3 wonderful time, it's been a great ride. But I'll 4 introduce you to an individual here in just a moment 5 that's going to be a great fit, and she is now the 6 airport manager. I'm going to stay with her until 7 Thursday. The last 21 years she's spent at arguably one 8 of the best companies in the State of Texas and probably 9 the United States, HEB. And her office was in downtown 10 San Antonio at their corporate office. She was the 11 Senior Real Estate Manager for HEB. When she told me 12 some of the things she was responsible for it was mind 13 boggling to me. Let's put it this way, she was way up 14 in the food chain over there, high, no pun intended. 15 She owns her own airplane. She has an instrument 16 rating, which is no small task achieved. It'll be a 17 great fit for the airport. And if that's not enough 18 she's a registered civil engineer as well, which is also 19 a great fit. And we are a leasing company besides an 20 airport, we lease property all the time. These two 21 gentlemen that were on the Board know well what we do, 22 so it's going to work out well. So without further ado 23 and with great pleasure I'd like to introduce Mary 24 Rohrer as our Airport Manager. 25 MRS. ROHRER: Good morning, Judge and 8 1 Commissioners. I'm looking forward to joining into this 2 group and learning a lot about the airport, and 3 providing some great services. I've got obviously some 4 shoes to fill here, but I'm looking forward to my new 5 and next phase of my life, and my work experience, so 6 thank you very much. 7 COMMISSIONER BELEW: Welcome. 8 JUDGE POLLARD: Thank you. 9 Anyone else? If not, we'll move to the next 10 part of the agenda, which is comments from the 11 Commissioners and the County Judge. We'll start with 12 Mr. Belew. 13 COMMISSIONER BELEW: Well, I think most 14 people know we had a fire in Precinct 1. That's why Wes 15 Gordon was here. We talked about better ways to get the 16 word out, and so as I enumerated to him, Facebook, all 17 the newspapers, the radio station, the County website. 18 If people can't figure out there's a burn ban and where 19 they live in which Precinct then I think he's correct 20 that it's time for the Sheriff to start writing tickets, 21 and that gets the word out pretty quick. So we had a 22 little fire, and they took good care of it. It's still 23 too dry to burn any place. Can I get an amen on that? 24 (Audience amen.) 25 COMMISSIONER BELEW: Thank you, 9 1 congregation. And so we get a little dab of rain, or we 2 got these out of town owners and stuff, and I'm on my 3 soapbox right now, but what we lack is common sense. I 4 don't care if there's a burn ban or not. If there's a 5 burn ban if it's as dry as it is and if it's as windy as 6 it is use your common sense that God gave ya, and don't 7 burn in conditions like this. And the other thing is 8 that even if the burn ban is lifted the conditions have 9 to be -- if you crash into a tree when there's a rain on 10 the road, guess what, if you're the only vehicle in that 11 accident you get a ticket. Why? Because you 12 exceeded -- the road conditions -- the -- what you 13 should have been driving for the road conditions -- 14 MRS. STEBBINS: Unsafe speed. 15 COMMISSIONER BELEW: Unsafe speed. Thank 16 you, Mrs. Lawyer. Same thing with burn bans. If 17 there's no burn ban think about the weather conditions. 18 We had a rekindle on this fire, didn't we, Wes? 19 MR. GORDON: Yes, Sir. 20 COMMISSIONER BELEW: Because of the high 21 wind. So please just be careful, and I hope that the 22 Sheriff will start writing some tickets because it 23 doesn't seem like anything else gets anybody's 24 attention. But that was at Scenic Hills in case you 25 were wondering where all the smoke was coming from. 10 1 Okay, that's all I got. 2 JUDGE POLLARD: Sheriff will ask for two 3 more deputies to do that. 4 COMMISSIONER MOSER: Something I said to you 5 is common sense, starts with a C. And another one is 6 Constable, and they too can enforce the law, so I'll 7 encourage that. 8 A couple things, Judge, we had the Wounded 9 Warriors here last week. Bob Reeves and myself were 10 involved in that. But anyway, there were six families 11 came in, hosted them from Tuesday through yesterday at 12 noon. They had a fantastic time. I guess to kind of 13 cap it what it meant, some of these rugged Wounded 14 Warriors stood up at the end of the whole thing, 15 yesterday we had a luncheon for them, saying what it 16 meant to them, but they started crying. So I think it's 17 very meaningful, so it's something that this community 18 does. They've been -- community has been doing it for 19 six years, it's extremely helpful. Tony Arnold and his 20 wife Cynthia are the drivers behind that. They work all 21 year long in doing it. So anyway, kudos to this entire 22 community. 23 And a reminder in Center Point on July the 24 14th there's a big Center Point event, a barbecue, 25 parade, fund raiser, so encourage everybody to go out 11 1 for that. So that's it. 2 JUDGE POLLARD: All right. I don't have 3 anything. Do you have anything, Jonathan? 4 COMMISSIONER LETZ: Yeah, a couple things. 5 Going back to the burning briefly, another entity that 6 should be informed is TCEQ, because it was illegal to 7 burn yesterday under state law. Forget the burn bans, 8 it was under state law, and TCEQ does not do their job 9 when it comes to enforcing burning conditions. So it's 10 not just, you know, local people, it is the State as 11 well, and a big responsibility, and because of their 12 rules it limits our rules and our ability to do things. 13 So it's TCEQ is a big part of the problem. 14 The 4th of July in Comfort every year has 15 probably one of the largest in the area 4th of July 16 parades. So it'll be on July 4th. Last year they 17 unwisely they moved it to the Saturday nearest to the 18 4th of July. Turns out it was not such a good idea. So 19 it's back on the 4th of July. It's a big all-day event 20 there and a real nice parade. Starts at 10 or 11 in the 21 morning. 22 And a couple things on baseball, which is 23 near and dear to my heart. The little league portion 24 District tournaments, two of our -- we had five teams 25 enter in district play, and four of them went on to 12 1 sectionals. So we have two softball teams and two 2 baseball teams that are going on to the sectionals in 3 little league, which is the next step up on the -- going 4 up the ladder. 5 And the final thing is the recognition that, 6 you know, kind of it's a strange one, but very -- its a 7 big honor. And it goes and says a whole lot to our Tivy 8 head baseball coach. His field was named Number 1 field 9 condition-wise in the State. Of all the high school 10 fields in the State of Texas his is the one. And I can 11 assure you it is through his efforts spending hours and 12 hours on that field. Not necessarily -- KISD certainly 13 supports it, but they support it like they do a lot of, 14 you know, -- the resources they have. And Chris spends 15 a lot of time out there, and it's quite an honor to be 16 named the Number 1 field in the State of Texas. And 17 that's all the schools, private, all of them that are 18 used for high school play. So that's it. 19 COMMISSIONER REEVES: A couple things, just 20 follow-up on Commissioner Moser. Some of the Wounded 21 Warriors that have been here previously come back to 22 help with it this year just because they like our 23 community, they like what we do for them, what they do 24 with the family. There's one from New Braunfels he 25 helped all week. I saw him at church yesterday, sat 13 1 with Janet and I, and his family was here. So it's a 2 community-wide event that people really appreciate what 3 we do for everybody. And you're right, the Arnold's, I 4 bet they're sleeping in today as much effort as they put 5 into it. And just add to the 4th of July celebration, 6 don't forget the big one in Louise Hays Park, the night 7 of the 4th, fireworks and everything like that. A lot 8 of things going on in the community. 9 JUDGE POLLARD: Anything else? All right, 10 we go to item 1.1 on the agenda. This is a public 11 hearing for the revision of plat for Lot 48 in Kerrville 12 South 2, record in Volume 4, Page 64, situated in 13 Precinct 1. I declare the public hearing open. Does 14 anyone wish to speak on this matter? There being no 15 one, I declare the public hearing closed. 16 Go to item 1.2 consider, discuss and take 17 appropriate action for the Court to approve the revision 18 of plat for Lot 48 in Kerrville South 2, Volume 4, Page 19 64 of the official record of Kerr County, all situated 20 in Precinct 1. Mr. Hastings. 21 MR. HASTINGS: Thank you. This revision of 22 plat divides lot 48 into two lots, lot 48A, which is 3.2 23 acres fronting on Marshall Drive and 48B, 2.5 acres 24 fronting on Kerrville South Drive. Kerrville South 2 25 could contain up to 286 lots, but there's currently 159 14 1 in the subdivision. This will make it 161. County 2 Engineer requests the Court consider, discuss and take 3 appropriate action to approve the revision of plat for 4 Lot 48 in Kerrville South 2, Volume 4, Page 64, 5 Precinct 1. 6 JUDGE POLLARD: Are there questions? 7 COMMISSIONER BELEW: I move that we approve 8 the revision. 9 COMMISSIONER LETZ: Second. 10 JUDGE POLLARD: Approve the revision as 11 submitted in the plat in the agenda package -- 12 COMMISSIONER BELEW: As submitted in the 13 plat for Lot 48, Volume 4. Pay 64, Precinct 1. 14 JUDGE POLLARD: Is there a second? 15 COMMISSIONER LETZ: I second. 16 JUDGE POLLARD: Been moved by Commissioner 17 Precinct 1, seconded by Commissioner Precinct 3 to 18 approve item 1.2 on the agenda, and that is to approve 19 the revision of the plat for lot 48 in Kerrville South 2 20 of record in Volume 4, Page 64 of the official records 21 of Kerr County, Texas. This is situated in Precinct 1. 22 Is there any further comment or discussion or question? 23 There being none, those in favor of the motion signify 24 by raising your right hands. It's four zero, unanimous. 25 One abstention, myself. 15 1 Go to item 1.3 on the agenda consider, 2 discuss and take appropriate action for the Court's 3 approval to fill two open 15 Grade Road Maintenance 4 Technician positions in the Road and Bridge Department. 5 Of course this affects all four precincts. Hello, 6 Kelly? 7 MS. HOFFER: Good morning. How are you? 8 JUDGE POLLARD: Alright. 9 MS. HOFFER: Good. The Road and Bridge 10 Department has two open grade 15 Road Maintenance 11 Technician positions. We usually call them RMT's, and 12 we'd like to fill both of these positions, budgeted 13 fully funded positions. They are filling some of the 14 upper positions where we've had some people leave or 15 retire. 16 So at this time, I ask the Court for their 17 approval to fill two budgeted fully funded open Road 18 Maintenance Technician positions in the Road and Bridge 19 Department Precincts 1, 2, 3 and 4. 20 COMMISSIONER REEVES: I make a motion to 21 approve the agenda item as written. 22 COMMISSIONER BELEW: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Precinct 4, seconded by Commissioner Precinct 1 to 25 approve the agenda item 1.3 as written, which is to fill 16 1 two open Grade 15 Road Maintenance Technician positions 2 in the Road and Bridge Department. Is there any further 3 comment or discussion? If not, those in favor of the 4 motion signify by raising your right hand. It's four 5 zero, unanimous. One abstention myself. Thank you, 6 Kelly. 7 MS. HOFFER: Thank you. 8 JUDGE POLLARD: Item 1.4 consider, discuss 9 and take appropriate action to authorize the County 10 Judge to execute contract with Voelkel Surveying to 11 prepare a land survey of the right of way for Spur 100 12 Road owned by Doug McRae to be dedicated to Kerr County. 13 This is situated in Precinct 2. Mr. Hastings. 14 MR. HASTINGS: Thank you. At the March 15 12th, 2018 Commissioners' Court meeting the presentation 16 was made by the County Engineer that local developer 17 Douglas McRae was in the process of subdividing and 18 selling large tracts of land along Spur 100 in the Twin 19 Springs Subdivision area. The tracts were so large that 20 the subdivision was exempt from the platting process. 21 The new property owners were not interested in owning 22 the portions of the tracts that have Spur 100, a County 23 maintained road, running through them. This left a 24 remainder of the larger tracts that forms the Spur 100 25 right of way, and Mr. McRae was considering dedicating 17 1 this property to the County. Per the attached scope 2 Mr. McRae wishes to donate this right of way to Kerr 3 County subject to Kerr County paying for the survey, 4 which will cost $1,250.00. 5 The County Engineer requests the Court to 6 consider, discuss and take appropriate action to 7 authorize the County Judge to execute a contract with 8 Voelkel Surveying in the amount of $1,250.00 to prepare 9 a land survey of the right of way for Spur 100 Road 10 owned by Doug McRae to be dedicated to Kerr County. 11 This is in Precinct 2. And this would be out of the 12 public -- out of the Road and Bridge line item 13 15-612-553, contract fees. They got some money in there 14 that could pay for this. 15 COMMISSIONER MOSER: Charlie, why don't you 16 talk a little bit about the benefit of having that 17 property for the County. 18 MR. HASTINGS: Right now we've got a 19 prescriptive right for that road through there, and it 20 just cleans everything up for everybody including Mr. 21 McRae to get it off of the books, so that it shows that 22 the County owns that property as opposed to somebody 23 else. 24 COMMISSIONER MOSER: But there's no road 25 change or -- 18 1 MR. HASTINGS: The road stays exactly the 2 same as it is now. It's about 60 foot right of way. On 3 average, it probably averages more than that because 4 there's some areas that are a little bit wider than 60 5 foot if you go out and measure it from fence to fence. 6 But it follows the fence lines and it suits us. 7 JUDGE POLLARD: County would maintain this 8 road? 9 MR. HASTINGS: The County already does 10 maintain it. 11 COMMISSIONER MOSER: It's a very, very 12 busy -- very busy Spur 100, okay. So I would move for 13 approval of the recommendation by County Engineer to 14 execute a contract to Voelkel Engineering to survey the 15 land, right of way of Spur 100 and the property proposed 16 to be donated to the County by Doug McRae, and not to 17 exceed 1,250, is that correct, dollars? 18 MR. HASTINGS: Yes, Sir. 19 COMMISSIONER MOSER: That's my motion. 20 COMMISSIONER LETZ: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Precinct 2, seconded by Commissioner Precinct 3 to 23 authorize the County Judge to execute a contract with 24 Voelkel Surveying, not Voelkel Engineering as you 25 dictated, to prepare a land survey of the right of way 19 1 for Spur 100 Road owned by Doug McRae to be dedicated to 2 Kerr County, located in Precinct 2. Any further comment 3 or discussion? Pardon? Somebody say something? 4 COMMISSIONER MOSER: No. He coughed. 5 JUDGE POLLARD: Okay, all right. Those in 6 favor of the motion signify by raising your right and 7 it's four zero, unanimous. One abstention, myself. 8 Item 1.5 consider, discuss and take 9 appropriate action to authorize the County Judge to 10 execute professional services contract with Rock 11 Engineering for a geotechnical pavement investigation of 12 Center Point River Road, situated in Precinct 2. Mr. 13 Hastings. 14 COMMISSIONER MOSER: Judge, let if I may 15 just say something, a little background on this subject. 16 Some of the residents along Center Point River Road 17 prepared, and I presented to the Court several weeks 18 ago, a very thorough study by themselves looking at all 19 the state laws and the options to improve the safety, in 20 their opinion, on Center Point River Road either by 21 limiting the size of the vehicles, the weight of the 22 vehicles, the speed along that road, and perhaps even 23 doing something at Brink's Crossing. But the first step 24 in this is what Charlie's going to talk about is 25 addressing one of the options, and once Charlie, County 20 1 Engineer, concludes his studies on those options, then 2 we come back to the Court. But this is to determine 3 road limits on the road. Go ahead Charlie. 4 MR. HASTINGS: Thank you. In a letter dated 5 April 18th, 2018 from a group who identifies themselves 6 as a community of neighbors surrounding Center Point 7 River Road. A request was made by Gloria Louk, Linda 8 Moore, Alex Dingman, and Bob Tyler for weight limits to 9 be established on Center Point River Road from 10 Sutherland Road to State Highway 173, Precinct 2. The 11 Transportation Code, Section 621.301 states that the 12 Commissioners' Court of the County may establish load 13 limits for any county road or bridge only with the 14 concurrence of the Texas Department of Transportation. 15 A load limit study shall be deemed concurred with by the 16 Texas Department of Transportation 30 days after the 17 County submits to the Texas Department of Transportation 18 the load limit accompanied by supporting documentation 19 and calculations reviewed and sealed by an engineer 20 licensed Texas, though the Texas Department of 21 Transportation may review the load limit and withdraw 22 concurrence at any time after the 30-day period. It is 23 recommended that a geotechnical pavement investigation 24 be performed on Center Point River Road to determine the 25 load capacity to establish any possible weight limits. 21 1 In addition, traffic counts will be conducted and 2 considered along with the load capacity study. 3 County Engineer recommends to the Court 4 consider, discuss appropriate take appropriate action to 5 authorize the County Judge to execute a professional 6 services contract with Rock Engineering for a 7 geotechnical pavement investigation of Center Point 8 River Road, Precinct 2. This would come out of line 9 item 15-612-553, that's in the Road & Bridge budget, 10 that's contract fees, and there is sufficient funds to 11 cover it. 12 COMMISSIONER MOSER: So with that, I would 13 move for approval of the Judge to execute professional 14 services contract with Rock Engineering for geotechnical 15 pavement investigation as delineated by the County 16 Engineer. 17 MR. HASTINGS: And the amount is $1,650.00. 18 COMMISSIONER MOSER: The amount is not to 19 exceed $1,650.00. 20 COMMISSIONER BELEW: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Precinct 2 and seconded by Commissioner Precinct 1 with 23 regard to item 1.5 of the agenda, and that is to 24 authorize the County Judge to execute a professional 25 services contract with Rock Engineering for a 22 1 geotechnical pavement investigation of Center Point 2 River Road situated in Precinct 2. Is there any further 3 comment or discussion? Yes, Sir. 4 MR. DINGMAN: Alex Dingman, I live on River 5 Road. I'm still a little bit confused by the decision 6 tree that would lead to your recommendation for limiting 7 vehicles sizes and weights and all that kind of stuff, 8 because it's really about the width of the road; not the 9 fact whether it can or can't support a heavy load. We 10 just determined, yeah, it can support a heavy load. But 11 what about the size of the road? I wish this study 12 would address this issue. 13 JUDGE POLLARD: Are you saying you think the 14 pavement oughta be widened, the driving surface? 15 MR. DINGMAN: It would have to be to address 16 the safety issues that we pointed out. The trucks and 17 cars can't pass without getting off the road. I think 18 Charlie's stance, which was pointed out in our original 19 presentation. 20 COMMISSIONER LETZ: Related to that, and I'm 21 going to ask questions to the County Engineer, if I 22 might. Let the County Engineer come back up, please. 23 On the Transportation Code what is the -- I 24 guess, how does it work? I mean I thought about this 25 since it was on the agenda. I understand the intent is 23 1 a lot of the big gravel trucks, that's the issue that 2 was raised. But there are agricultural fields through 3 there that have round bails on them, equipment getting 4 hauled through there. My company's hauled equipment 5 through there, not trying to shortcut, that's where 6 you're going. If there's a weight limit, how does it 7 work? Is it only certain trucks? I mean how -- is it 8 all -- 9 MR. HASTINGS: Yes, there is agricultural 10 exemptions, there's also exceptions for overweight 11 trucks that have a permit through the State to be 12 overweight. 13 COMMISSIONER LETZ: Only those two things. 14 So that if a contractor was going over there they -- 15 how do you get to the job sites? 16 MR. HASTINGS: They'd probably need an 17 overweight permit from the State to use that road. 18 COMMISSIONER LETZ: So every time they use 19 to pull trucks out of that nursery over there they'd 20 have to get an overweight permit. 21 MR. HASTINGS: That's my understanding. 22 COMMISSIONER MOSER: And the thing is on 23 weight limit too that road is used a lot, okay, and it's 24 being deteriorated. Not only what Mr. Dingman says 25 about automobiles and vehicles going off the edge of the 24 1 road and tearing it up, but also from the weight that's 2 going through there, so I think this is just to put a 3 nail in the coffin, is weight the issue, okay? There's 4 weight, there's size. You know, when we talked about 5 size, too, there's -- you know, there's an issue with 6 there's a big RV park now that's expanding down at 7 Brink's Crossing. They use that road a lot, so if we 8 did a width limit on the -- or size limit on the 9 vehicles then people with RVs cannot go that way, so 10 it's not unlike River Hills Blvd., you know, it's in the 11 news today. 12 COMMISSIONER LETZ: And I guess where I'm 13 going with this is I don't have a problem with doing a 14 weight study because maybe something needs to be done, 15 but that's not the only issue. The issue is the width 16 of the pavement, speed -- 17 COMMISSIONER MOSER: There's three -- 18 COMMISSIONER LETZ: -- and there's a lot of 19 issues out there. 20 COMMISSIONER MOSER: Three issues. Width, 21 speed -- those two things primarily are the biggest 22 things. And then, Linda or Mr. Dingman, anything else 23 to comment? 24 MR. DINGMAN: Well, the only other comment 25 is that the gravel trucks have other access to get 25 1 anywhere they need to be, other than going down that 2 road. They can go up and come across the Loop or they 3 can go up and go through Center Point and go on State 4 Highway all the way. Heavy load. But for convenience 5 sake they like to fly through that area. 6 COMMISSIONER MOSER: Well, it's -- you know, 7 I think, too and we -- I strongly recommend we do this 8 weight thing and do the other things, too. Look at 9 width of the road, and size of vehicles, there's no 10 question. And that road is primarily a thoroughfare. 11 Ed Livermore was just here a while ago. He uses that 12 road to go from Comanche Trace to the airport. It's 13 just an easy way to do it, okay? So it's going to 14 become more and more used. 15 We have to be careful, too, in what we do on 16 width of County roads, and I think probably all over 17 this entire County. If we start limiting that, we've 18 got hundreds of miles probably. Spur 100 is a perfect 19 example. Stone Leigh. We say no vehicles a certain 20 width can't travel on these county roads, we're going to 21 be in a -- we got hundreds of millions of dollars 22 probably of road improvements, so we've gotta look 23 across the County. I understand clearly what you guys 24 are saying, but there's a precedent we'll be setting 25 also. 26 1 COMMISSIONER LETZ: And I think something 2 else needs to be looked at on that road is right of way 3 width. Right of way is very narrow, and a large portion 4 of that is controlled by one entity, one family. And I 5 I would not been surprised if they donated the 6 additional right of way from a safety standpoint. 7 COMMISSIONER REEVES: If I may, Judge, 8 speaking of what you said about equipment. Charlie 9 conducted a similar survey in Greenwood Forest, or we 10 authorized to have a report, and in that report it spoke 11 of weight limit which roads were right at the level 12 where nothing needed to be done. But it spoke that 13 there is a certain -- I don't know if an exemption is a 14 proper term, but they spoke it to allow garbage trucks, 15 certain other vehicles, I think it referred to it on the 16 temporary basis, or something like that. Large moving 17 vans, everything. So there are some exceptions to an 18 overweight, and I think AG is one of the big ones that 19 they would. So I think the discussion on what to do 20 should be we should wait until we get the report back. 21 COMMISSIONER LETZ: Right. 22 COMMISSIONER MOSER: So let me make it very 23 clear -- 24 JUDGE POLLARD: What's the contract say? 25 MR. HASTINGS: This contract is just to hire 27 1 Rock Engineering to come out and do cores, and they're 2 going to take these cores back of the road, and take 3 them to their lab, and test them to determine what a 4 load limit could be -- 5 JUDGE POLLARD: So this is limited to a load 6 limit situation. 7 MR. HASTINGS: This is just limited to a -- 8 JUDGE POLLARD: Not considering pavement 9 width or -- 10 MR. HASTINGS: No. That comprehensive 11 study. I'll do the comprehensive study. But this is 12 one piece of the puzzle that I need. 13 COMMISSIONER MOSER: That's what I wanted to 14 say, Judge, is make it very clear this is one piece of 15 many parts of the puzzle which Charlie should do a study 16 on width, speed, load limits, and also to look at 17 Brink's Crossing and where we have parking all down 18 there. So this is just one piece of that. 19 JUDGE POLLARD: And consider unintended 20 consequences too. I mean several of them have come up 21 here today. You're always trying to balance everything 22 when you go in and govern something and take over, you 23 gotta balance the invasion of rights on some other 24 people, unintended consequences. So we need to know all 25 of that information in order to make a proper decision 28 1 on this. 2 MR. HASTINGS: Yes, Sir. And the intent is 3 I'll be back after the study's done, and after I've 4 completed it. 5 JUDGE POLLARD: You will broaden the study 6 out and -- 7 MR. HASTINGS: I'll bring a very broad scope 8 back to y'all. 9 JUDGE POLLARD: So you consider all the 10 factors? 11 MR. HASTINGS: Yes. 12 COMMISSIONER MOSER: As a matter of fact we 13 discussed that at a previous Commissioner Court when we 14 reviewed the documents that these people put together, 15 which again was extremely thorough. I mean they've 16 really done a lot of work on looking at all the options, 17 and state laws and ramifications thereof. So I think we 18 need to -- you have any idea, Charlie, of when that will 19 -- your study will be -- 20 MR. HASTINGS: I'd like to bring the study 21 back at the end of July, or early August. Either that 22 last meeting in July or the first meeting in August, 23 should have everything in order by then. 24 COMMISSIONER MOSER: Okay. Good deal. 25 JUDGE POLLARD: All right, any further 29 1 discussion? 2 COMMISSIONER BELEW: I just want to make a 3 note for the record that even if we were to widen that 4 bridge at Brink's Crossing, wide enough for two vehicles 5 to pass one another, it's still a problematic area 6 because of what happens there, so just bear that in mind 7 also. Because of the activity there even if it was wide 8 enough for two vehicles to pass it's still problematic 9 to have big vehicles through there. 10 COMMISSIONER MOSER: Linda Moore's in the 11 audience, and I think Linda told me this weekend that 12 she counted 86 cars parking there. We're not going to 13 stop that. We may try and figure out where and area 14 where the cars could park. 15 COMMISSIONER BELEW: Need a parking let. 16 COMMISSIONER MOSER: Yeah, a parking lot 17 would be good. Okay. 18 JUDGE POLLARD: All right, if there's no 19 further discussion or comment those in favor of the 20 motion signify by raising your right hands. It's four 21 zero, unanimous. One abstention, myself. 22 All right, let's go to item 1.6 consider, 23 discuss and take appropriate action for the Court to set 24 a public hearing for 9 a.m. on August 13, 2018 for the 25 revision of the plat for Lots 34 and 35 of Woodcreek, 30 1 all of record Volume 4, Page 285 of the official public 2 records of Kerr County, situated in Precinct 1. Mr. 3 Hastings. 4 MR. HASTINGS: Thank you. The property 5 owner of lots 34 and 35 wish to revise the shared lot 6 line to accommodate an existing structure. Lot 34 is 7 currently 0.40 acres and will be revised into Lot 34-R 8 with 0.57 acres. Lot 35 is currently 0.57 acres and 9 will be revised into Lot 35-R at 0.41 acres. So pretty 10 much they're just swapping acreage, moving that lot 11 line. The existing road frontage for each lot will not 12 change. It is our understanding the surveyor and owner 13 are working through lot size concerns in regard to the 14 half acre minimum requirements for lots served by OSSF, 15 because both of these lots are currently served by OSSF. 16 County Engineer requests the Court set a 17 public hearing for 9 a.m. on August 13th, 2018 for the 18 revision of plat for Lots 34 and 35 of Woodcreek, Volume 19 4 page 285, Precinct 1. 20 COMMISSIONER BELEW: I move that we have a 21 public meeting as requested. 22 COMMISSIONER LETZ: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Precinct 1, seconded by Commissioner Precinct 3 to set a 25 public hearing at 9 a.m. on August 13, 2018 for the 31 1 revision of the plat for Lots 34 and 35 of Woodcreek of 2 record in Volume 4, Page 285, situated in Precinct 1. 3 This is item 1.6 on the agenda. Is there any further 4 comment or discussion. Yes, Mr. Voelkel. 5 MR. VOELKEL: Yes. If I might ask this 6 question, please. Charlie said Eroin and I are working 7 with the Environmental Health Department to -- I think 8 to work out the tract size. I think -- from what I've 9 been told that it's not acceptable. And I want to make 10 sure before we move forward, and bring this for a public 11 hearing and a final plat that the Court is going to be 12 able to accept the acreage tracts that OSSF is opposed 13 to. Does that make sense? 14 JUDGE POLLARD: You're asking us to 15 speculate on something and make a ruling on something 16 that is speculative then. Can't do that. 17 COMMISSIONER LETZ: No, he's not. I don't 18 hear it that way. I hear him saying that because the 19 lot size, it's a revision, we have two lots that are -- 20 one of them's less than half an acre, which is currently 21 under our current rules not subject to our rules -- or 22 not in compliance with our rules. And if the revision 23 negates basically, and they're changing the 24 configuration they're going to have one over half an 25 acre and one less than half an acre, either way you do 32 1 it. That's going to be something that we will approve 2 or not approve. There's no reason to go through the 3 expense of this then if they're not going to approve it. 4 I disagree with Environmental Health Department. 5 There's already an existing 0.40 acre lot and a 0.57 -- 6 0.56, and there are going to be that same situation 7 after it's done. 8 COMMISSIONER BELEW: Except the fence moves, 9 that's all. 10 MRS. STEBBINS: It's just to set a public 11 hearing. This item is just to set a public hearing. 12 COMMISSIONER LETZ: But why set the public 13 hearing. 14 COMMISSIONER BELEW: Because that's how it's 15 done. 16 COMMISSIONER LETZ: I know. I'm saying -- 17 I mean we set a public hearing. 18 COMMISSIONER BELEW: It's going to require 19 that we have a variance. 20 COMMISSIONER LETZ: Okay. 21 COMMISSIONER REEVES: I feel like with the 22 agenda item set for public hearing as it is today. The 23 other issue we can bring back prior to the public 24 hearing and discuss that where it's on the agenda 25 properly. And to keep in good graces with the County 33 1 Attorney, I won't -- 2 MRS. STEBBINS: Thank you. 3 COMMISSIONER REEVES: I won't express my 4 opinion until that time. 5 JUDGE POLLARD: Well, I think we're being 6 asked to approve something now to be effective later on, 7 so whatever y'all want to do. 8 COMMISSIONER REEVES: All we're doing is 9 setting a public hearing. 10 COMMISSIONER BELEW: We can put it on the 11 agenda. Charlie, you can put it on the agenda for in 12 between -- 13 MR. HASTINGS: As a concept plan. 14 COMMISSIONER BELEW: -- as a concept plan. 15 MR. HASTINGS: Yes, Sir, we can do that. 16 COMMISSIONER REEVES: Set a public hearing, 17 that's all we're doing here. 18 JUDGE POLLARD: All right, if that's all 19 we're doing. We're not making a commitment to him. All 20 right, those in favor of the motion signify by raising 21 your right hands. It's four zero, unanimous. One 22 abstention, myself. 23 Item 1.7 consider, discuss and take 24 appropriate action for the Court to approve a final plat 25 for Caster Acres, situated in Precinct 1. Mr. Hastings. 34 1 MR. HASTINGS: Thank you. This subdivision 2 proposes 1 lot. Part of the tract at the end of Palo 3 Verde, and it is within the ETJ of Kerrville. Access to 4 the proposed lot will be at the end of Palo Verde. The 5 concept plan was approved by order number 36705 on April 6 23rd, 2018. I've got a memo from Lee Voelkel I'd like 7 to read. With this memo I'm delivering ten copies of 8 the alternate plat. If you will remember at the 9 approval of the concept plan the Commissioners waived 10 the requirement for any road extension of Palo Verde 11 Drive and/or cul-de-sac. Please make this a part of the 12 agenda item. And also, there is a special note on the 13 plat, note number 6. This subdivision is located within 14 the City of Kerrville ETJ. According to the City of 15 Kerrville Subdivision Regulations Article 10-4-1, 16 Section B2D, this property is exempted from City of 17 Kerrville platting requirements. 18 COMMISSIONER BELEW: I move that we approve 19 the final plat for Caster Acres. 20 COMMISSIONER REEVES: I second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Precinct 1, seconded by Commissioner Precinct 4 to 23 approve item 1.7 of the agenda package, and that is to 24 take appropriate action for the Court to approve a final 25 plat for Caster Acres, and the Court's approval 35 1 proposing to approve. Is there any further comment or 2 discussion? There being none, those in favor signify by 3 raising your right hands. It's four zero, unanimous. 4 One abstention, myself. 5 Item 1.8 consider, discuss and take 6 appropriate action to authorize the County Judge to 7 execute a contract with Voelkel Surveying to perform a 8 land survey of right of way along Sutherland Road, 9 situated in Precinct 2. Mr. Hastings. 10 MR. HASTINGS: Thank you. The intersection 11 of Sutherland Road with State Highway 27 is not at a 90 12 degree angle; rather it's at a 45 degree angle, coupled 13 with a short curve with a center line radius of 14 approximately 50 feet. Center line horizontal curve 15 should be a minimum of 382 feet to allow for traffic to 16 negotiate the the intersection and have proper sight 17 visibility. In order to realign Sutherland Road with 18 State Highway 27 a larger radius must be incorporated 19 into the road and the road must be shifted east onto and 20 through property currently owned by Martin Marietta. 21 Martin Marietta has agreed to dedicate property at this 22 intersection to allow for Sutherland to be reconstructed 23 to accommodate the appropriate horizontal curve and 24 intersect State Highway 27 at a 90 degree angle. In 25 addition, Martin Marietta has agreed to let Kerr County 36 1 have the proposed right of way surveyed so that a formal 2 document can be reviewed before right of way is 3 dedicated to Kerr County for this project. 4 County Engineer requests the Court authorize 5 the County Judge to execute a contract with Voelkel 6 Surveying in the amount of $750.00 to perform a land 7 survey of right of way along Sutherland Road. This is 8 in Precinct 2, and it would be paid for out of Road and 9 Bridge line item 15-612-553, contract fees. 10 COMMISSIONER MOSER: Charlie, let me ask you 11 a question. This is one of two intersections that need 12 to have this same type of thing corrected. It's 13 intersection of roads that are heavily used on Highway 14 27, one is Peterson Farm Road, and Sutherland Road. I 15 question why we're doing one and not both of them at the 16 same time? 17 MR. HASTINGS: We're not ready to discuss 18 Peterson Farm simply because we haven't negotiated with 19 the property owner any type of a realignment. 20 COMMISSIONER MOSER: Yeah, but we just have 21 a handshake with Martin Marietta. 22 MR. HASTINGS: We don't have a hand shake 23 with the other gentleman. 24 COMMISSIONER MOSER: I know. But that's all 25 we have with Martin Marietta is a hand shake? 37 1 MR. HASTINGS: Yes, Sir. 2 COMMISSIONER MOSER: So it's an intent, but 3 we don't have anything in writing. See, if I look at 4 the priority of those two, if we could only do one, and 5 I think $750.00 is in the budget we should do it, but I 6 just want to go on record that Sutherland has -- it's an 7 intersection that it's more obtuse, okay, than the one 8 you're speaking of, number one. It has all the traffic 9 from our Lady of the Hills High School on it 10 intersecting Highway 27 -- or entering Highway 27. It 11 has two subdivisions in there. It has most of the 12 employees of Mooney Aircraft coming in and out. It's a 13 lot more heavily used than the one at Sutherland Road 14 is. So I will -- I'll make the motion we do this to do 15 the surveying for this intersection, okay? But we need 16 to turn up the game on looking at Sutherland so we can 17 bring both these back at the same time, if we have to 18 spend the type of monies you indicated the other day, 19 and make a decision which one to do. So I make a motion 20 that we do what the County Engineer recommends is to 21 have a contract from Voelkel Surveying to perform a land 22 survey along the right of way of Sutherland Road in that 23 intersection with Highway 27. 24 COMMISSIONER LETZ: Second. 25 COMMISSIONER MOSER: Not to exceed $750.00, 38 1 is that right? 2 MR. HASTINGS: Yes, Sir. 3 JUDGE POLLARD: Been moved by Commissioner 4 Precinct 2, seconded by Commissioner Precinct 3 pursuant 5 to item 1.8 of the agenda, and that is to take 6 appropriate action to authorize the County Judge to 7 execute a contract with Voelkel Surveying to perform a 8 land survey of right of way along Sutherland Road as 9 discussed. Any further comment or discussion or 10 questions? 11 COMMISSIONER LETZ: Questions -- comment. I 12 think both of them -- I have a hard time putting a 13 higher priority on one or the other. Traffic-wise, 14 count-wise, I think Commissioner Moser's correct that 15 Peterson Farm Road is much higher. I drive by 16 Sutherland Road every morning, and it is extremely 17 dangerous because of the 18 wheelers that are turning in 18 and out of there all the time. And they have a hard 19 turn around. So I don't know that one's higher than the 20 other. But my real comment is, unless my recollection's 21 wrong, we did the same thing at Hermann Sons five, six 22 years ago, and TxDOT paid for a good bit of that 23 realignment when they were doing a road work and safety 24 situation. I don't understand why TxDOT'S not helping 25 fix the problem on the entrances more than they are on 39 1 these two roads. 2 COMMISSIONER MOSER: Let me comment on that. 3 We've asked TxDOT to do that, okay. As a matter of fact 4 sent a letter this past week following up on verbal 5 communications over the last -- way over a year with 6 TxDOT on both these intersections to do that. It's not 7 in their current plan on modifications of Highway 27. 8 It should be, both these intersections should be. So I 9 agree with you. 10 COMMISSIONER LETZ: And I understand that 11 part. But my question to TxDOT is if we moved -- they 12 have to redo a driveway either way when they're redoing 13 the road project. What difference does it make if we 14 move the driveway? I mean they still have to redo them 15 because they're moving the road, so -- or widening the 16 road. 17 COMMISSIONER MOSER: Peterson Farm Road they 18 have to move a caution light. They have to add a right 19 turn lane, okay, probably as part of that. And they 20 have to do quite a bit of dirt work because of the 21 elevation at that intersection. 22 COMMISSIONER LETZ: Anyway, just keep 23 pursueing that. 24 COMMISSIONER BELEW: Is that a question of 25 where it is in the queue, or is it a question of 40 1 actually getting it on the radar or what? 2 COMMISSIONER MOSER: No. It's getting them 3 both on the radar, and getting a commitment by TxDOT, 4 and this is to if they were to do it and the County will 5 have done their part. But Charlie presented it last 6 Commissioners' Court so it's an estimated cost of both 7 these intersections, and it's one of them was 8 $70,000.00, and the other one was a hundred and 9 something thousand dollars. That was just last 10 Commissioners' Court, I believe. 11 MR. HASTINGS: Yes, Sir. 12 COMMISSIONER MOSER: Okay, so -- 13 JUDGE POLLARD: All right, if there's no 14 further question or comment, those in favor of the 15 motion signify by raising your right hand. It's four 16 zero, unanimous. 17 All right, we go to item 1.9 consider, 18 discuss and take appropriate action for the Court to 19 approve a concept plan for The Landing, Precinct 1. Mr. 20 Hastings. 21 MR. HASTINGS: Thank you. The property 22 owners for this subdivision are proposing 23 residential/commercial lots to be annexed by the City of 24 Kerrville, so they're looking for their water system and 25 their sewer system to all be in the -- coming from the 41 1 City of Kerrville. Subject to City of Kerrville 2 annexation the owners are requesting Kerr County abandon 3 a portion of Knapp Road and waive platting oversight. 4 County Engineer request the Court consider, 5 discuss and take appropriate action to approve the 6 Concept Plan for The Landing, Precinct 1. And their 7 specific request again is that Kerr County would abandon 8 a portion of Knapp Road and waive platting oversight 9 subject to them being annexed by the City. And they're 10 working on that annexation, and their engineer and their 11 representation is here as well, the owner. 12 COMMISSIONER BELEW: Is he going to say 13 something to us? Would you like to say something, Mr. 14 McDonald? 15 MR. McDONALD: No, Sir. I'm here to answer 16 any questions y'all might have. 17 COMMISSIONER BELEW: Will you come up here. 18 MR. McDONALD: Sure. 19 COMMISSIONER BELEW: So if you'll just 20 explain the details of the timing and how you expect 21 this to work, that would be helpful. 22 MR. McDONALD: Absolutely. Justin McDonald, 23 2956 Dry Hollow. So I think you've got a copy of this 24 in front of you. Timing wise this property is currently 25 outside the city limits, but located in the ETJ, which 42 1 is why we're talking to y'all this morning. As Charlie 2 mentioned we've got an annexation petition on file with 3 the City of Kerrville and are currently working through 4 that. But just in the interest of sort of keeping 5 things moving forward as well as keeping y'all aprised 6 of what's going on we wanted to come to y'all first this 7 morning with the concept plan, make y'all aware of it, 8 and again, as Charlie mentioned, request that you waive 9 platting authority because by the time we get to the 10 final plat stage we should be well within the City 11 limits at that time. But we are currently filing for 12 annexation and also filing a preliminary plat for 13 approval by the City at this time. 14 COMMISSIONER BELEW: Looks like it's going 15 to be a good project. I move for approval of the 16 concept plan. 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Was that you? 19 COMMISSIONER LETZ: Yes. 20 JUDGE POLLARD: Moved by Commissioner 21 Precinct 1, seconded by Commissioner Precinct 3 to 22 approve the concept plan for The Landing in Precinct 1, 23 this is item 1.9 on the agenda. Is there any further 24 comment or discussion? 25 COMMISSIONER LETZ: Question. On Knapp Road 43 1 there will be an additional agenda item for us to 2 abandon that I take it? 3 MR. McDONALD: Right. I believe that's 4 correct. And I was going to actually raise my hand and 5 just clarify that. So while we'll be asking for that at 6 a later date, we are currently working with the 7 neighboring landowners that use that for their access to 8 provide alternative access that'll go through our new 9 development, as well as an existing access that they've 10 got off of Thompson Drive, Spur 98. 11 COMMISSIONER BELEW: Thank you, Sir. 12 COMMISSIONER LETZ: And this is -- it's 13 contingent upon the annexation. 14 MR. McDONALD: Of course, yes. 15 JUDGE POLLARD: All right, if there's no 16 further question or comment, those in favor of the 17 motion signify by raising your right hand. It's four 18 zero, unanimous. One abstention, myself. Thank you 19 very much. 20 MR. McDONALD: Thank y'all. 21 JUDGE POLLARD: Item 1.10 consider, discuss 22 and take appropriate action to open and receive bids for 23 the 2018 road reconstruction project, read bids aloud, 24 refer bids to the County Engineer for tabulation and 25 award to the lowest qualified bidder. Of course this 44 1 affects all four precincts. Mr. Hastings. 2 MR. HASTINGS: Thank you. The bids are 3 being opened, and items specifically that we'd like read 4 aloud is found on page 070-9. At the bottom would be 5 the total bid. And then I will take all of these bids, 6 I've got a laptop with me, I'll plug in all of the unit 7 prices, and we'll come back with a recommendation on how 8 to award this project. 9 JUDGE POLLARD: Would you please read the 10 bids. 11 COMMISSIONER LETZ: Yes, Sir. The first bid 12 is from J3 Company, LLC, and the total amount -- there's 13 a bunch of other amounts, but the total amount for Job A 14 was $230,361.41. The total amount for Job B is 15 $179,366.68. The total for Job C is $161,307.29. Total 16 amount for Job D is $92,334.10. 17 JUDGE POLLARD: Grand total? 18 COMMISSIONER LETZ: Grand total of Jobs A, 19 B, C, D, and E is $825,505.21. 20 This one is from from Allen Keller Company. 21 The total amount for Job A is $173,050.35. Job B total 22 amount is $147,897.20. Job C is $137,521.65. Job D is 23 $85,528.70. Total bid for all jobs is $698,130.40. 24 Next one is from Edmund Jenschke 25 Incorporated. Total amount for Job A is $222,774.55. 45 1 Job B $184,043.10. Job C is $155,995.80. Job D is 2 $80,521.00. For a total amount of all jobs is 3 $799,802.09. Actually, I may have left one off on those 4 other ones. I acknowledge a total of Job H. 5 MR. HASTINGS: It actually should say E. 6 That's a typo. 7 COMMISSIONER LETZ: On this one Job E was 8 hundred and you $56,467.64. I skipped that on the other 9 two as well. On Allen Keller Job E is $154,132.50. And 10 J3 Job E is $162,135.70. It doesn't change the total 11 bid on those two. The last one is from Tara lee service 12 LLC. 13 JUDGE POLLARD: Where are they located? 14 COMMISSIONER LETZ: Houston -- no. Kennedy, 15 Texas. And it's Tierra Lease Service, LLC. Total 16 amount for Job A is $157,680.54. Job B $168,501.90. 17 Job C is $132,998.05. Job D is $83,612.50. Job E is 18 $132,848.50. For a total of all bids of $675,641.49. 19 COMMISSIONER REEVES: That's the last one. 20 COMMISSIONER LETZ: I believe that was all 21 of them. 22 COMMISSIONER REEVES: That's all the bids. 23 I make a motion to accept that the bids were properly 24 submitted and refer them to the County Engineer and Road 25 and Bridge Department for review and report back -- do 46 1 you anticipate today? 2 MR. HASTINGS: Today, yes, Sir. 3 JUDGE POLLARD: And report back later in the 4 meeting. 5 COMMISSIONER LETZ: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Precinct 4, seconded by Commissioner Precinct 3, this is 8 pursuant to item 1.10 of the agenda, and that is to 9 acknowledge receipt of the bids, all the bids received 10 that were dictated into the record, and refer these bids 11 to the County Engineer to make calculation and come back 12 with a recommendation before we complete the 13 Commissioners' Court session. All right, is there any 14 further comment or discussion? If not, those in favor 15 of the motion signify by raising their right hand. It's 16 four zero, unanimous. One abstention. 17 Let's move to item 1.11 presentation of the 18 Texas Historical Commission's Distinguished Service 19 Award to the Kerr County Historical Commission. Mr. 20 Belew, and -- 21 COMMISSIONER BELEW: Yes. And Julie 22 Leonard. 23 JUDGE POLLARD: -- Julie Leonard, right. 24 COMMISSIONER BELEW: I want to make note 25 that this says this is the 2017, but when you're talking 47 1 history you're not in a hurry. So we're getting this in 2 June for 2017, and you do a lot of hard work here and we 3 appreciate you. 4 JUDGE POLLARD: Turn around so you can get 5 pictures. 6 COMMISSIONER BELEW: There is the photo op. 7 (Photographs taken.) 8 COMMISSIONER BELEW: There are really only 9 about three to maybe four names in Kerr County when you 10 want to know about the history of Kerr County that you 11 go to. This is two of them. Julie Leonard. 12 COMMISSIONER MOSER: Julie Mosty Leonard. 13 MRS. LEONARD: I just want to say that I 14 don't do this by myself. I've got 55 helpers. And 15 there were only 174 counties that got this award out of 16 254 counties in Texas. Also, I want to say -- I don't 17 know how y'all know this works, but I fill out what's 18 called a survey monkey. And it is a monkey to fill out. 19 They ask the criteria for the historical commission 20 mainly. They want to know how much money we get from 21 the County, what the County provides for us. They also 22 want to know if we have in-kind donation, which 23 Schreiner University Archival Historic would be one of 24 those, the partner websites with Schreiner. They also 25 want to know what kind of utilities are associated with 48 1 what the County provides. They also want to know if we 2 have a statewide preservation plan and keep record of 3 historical properties. They want to know if we keep -- 4 that we keep an inventory of our historical and cultural 5 property. They also want to know if we keep an 6 inventory of historical markers, what condition they're 7 in, and also they want to know that we identify 8 properties that impact cultural and historic resources. 9 Then they go on -- this is when it gets 10 busy. They want to know what work items we actively are 11 pursuing. And then they want to know what kind of 12 partnerships that we have with different organizations, 13 and our partnerships. We list County, City, law 14 enforcement, colleges, businesses, library, cemeteries, 15 tourism, the downtown business association. And then 16 they want to know if we invite the County officials to 17 our -- any of our meetings, and they want to know the 18 name. So they also want to -- this is -- they also how 19 we improve our -- they say improve a concerted effort to 20 improve what we did the year before, so I have to list 21 all those things. And then they want project 22 description. And they want -- number 1 they want to 23 know robust partnerships with multiple organizations, 24 how we do that. And then they want to know our 25 preservation effort, and they want to know exactly how 49 1 we have done that. And then they -- the third question 2 this year was contribution to heritage tourism, so you 3 have to fill all that out. And I guess they evaluate, 4 you know, what -- that it fits their criteria, and 5 that's how they award this award. 6 COMMISSIONER BELEW: And that's why it takes 7 until June to get the 2017 award. Because that thing is 8 so long -- 9 MRS. LEONARD: Well, I'm already busy 10 working at figuring out what they want for this year. 11 And also I want to mention that we are partnering with 12 the Kerr Arts and Cultural Center for a -- this is the 13 first time we're doing a history camp, and it's open to 14 4th to 6th graders, and it'll be July 23rd through the 15 27th. And the first day we'll be doing archaeology, the 16 second day the Daughters of the Republic of Texas will 17 be bringing their trunk to show the kids clothing and 18 stuff that was worn in times past. On Wednesday Clifton 19 Pfeiffer will be there with all of his instruments and 20 telling about games and stuff like that that were done. 21 And on Thursday the Texas Rangers will be there telling 22 their 5 points of what it is to be a Texas Ranger and 23 also talking a little about Camp Verde, and on Friday 24 we'll be doing trail rides, and one of our members is 25 bringing a Longhorn, and Julius Neunhoffer will be 50 1 talking about ranching. 2 JUDGE POLLARD: Longhorn in the building? 3 MRS. LEONARD: Pardon. 4 JUDGE POLLARD: A Longhorn's going to be in 5 the building? 6 COMMISSIONER LETZ: It'll be on the 7 courthouse grounds. 8 COMMISSIONER MOSER: It'll be grazing out 9 here on the courthouse square. 10 MRS. LEONARD: And Buzzie's Bar-B-Q is doing 11 a trail ride lunch on Friday, so it'll be a really fun 12 event, and hopefully we can educate and interest our 13 young people in our history. 14 COMMISSIONER MOSER: So this is 4th to 6th 15 graders throughout the entire County? 16 MRS. LEONARD: Yes. And they register with 17 the KACC. So it'll be, I think, a really fun 18 interesting event. 19 COMMISSIONER MOSER: That's July when again? 20 MRS. LEONARD: July 23rd through the 27th, 21 and it'll be two hours -- it'll be 9 to 12 in each 22 morning, so with a snack in between. So anyway, this is 23 our first event to do this, so we'll see how this turns 24 out. 25 COMMISSIONER BELEW: Very ambitious. 51 1 MRS. LEONARD: So anyway, if y'all have 2 grandkids or kids or stuff that I think they would 3 probably really enjoy this. 4 COMMISSIONER LETZ: Julie, and I can't 5 remember the lady that's bringing the Longhorn, but make 6 sure that they contact either Commissioner Belew or 7 myself so we can get with maintenance as to where that 8 trailer needs to be parked, so if they want to park it 9 under this tree over here -- 10 MRS. LEONARD: What I'm hoping is that Tim 11 is going to contact the City Hall and have it set up, 12 you know, outside in the City Hall property over there. 13 COMMISSIONER LETZ: Over there. 14 MRS. LEONARD: Yeah, so that would make a 15 lot more sense from us being set up there. Nobody has 16 to cross the street or do anything like that. So I'm 17 hoping that that's been done, so -- 18 JUDGE POLLARD: It'll be their 19 responsibility to clean up behind the Longhorn. 20 COMMISSIONER LETZ: Right. 21 MRS. LEONARD: And the Longhorn will be in a 22 trailer. Thank y'all. 23 COMMISSIONER MOSER: Congratulations on the 24 Distinguished Service Award. 25 MRS. LEONARD: Thank you. Hope to see you 52 1 next year. 2 JUDGE POLLARD: All right, let's have a ten 3 minute break. 4 COMMISSIONER LETZ: Okay, that's fine. 5 Let's have a ten minute break. 6 (Break.) 7 JUDGE POLLARD: All right, time to resume. 8 And there's a timed item, item 1.15 that was scheduled 9 at 10 a.m. -- 10 (Hand hitting bench.) 11 JUDGE POLLARD: We're going to take item 12 1.15 on the agenda, a timed item, consider, discuss and 13 take appropriate action regarding request from the Upper 14 Guadalupe River Authority to allow access to locations 15 in Kerr County for their Giant Cane Management Program 16 they are doing as part of an Interlocal Agreement they 17 have with the Texas Parks and Wildlife Department. Mr. 18 Buck. 19 MR. BUCK: Thank you, Judge, Commissioners. 20 We're asking you today to consider approving an 21 agreement with Parks and Wildlife. This is not with 22 UGRA. UGRA has an Interlocal Agreement with Parks and 23 Wildlife for the Healthy Creeks Initiative. I'm not 24 sure what backup material that you got, but if you got 25 this flier you got all the information Arundo donax you 53 1 ever need to know. It's invasive, it's very detrimental 2 to the riparian area on the Guadalupe and other Hill 3 Country streams. And the Healthy Creek Initiative is 4 simply a partnership with Parks and Wildlife to allow us 5 to go in and spray it with a chemical to kill it, and so 6 we're asking for access. 7 This morning I talked to Travis. I don't 8 know how much the County actually has that we can get to 9 other than Flat Rock has some. I don't know about your 10 right of ways, but we would ask that if you consider 11 approving this agreement for access then we would get 12 with the Road and Bridge Department and see if there are 13 other areas that we could potentially spray as well. 14 COMMISSIONER LETZ: I think it's a good 15 idea, and I move for approval. 16 COMMISSIONER MOSER: Second. 17 JUDGE POLLARD: Moved by Commissioner 18 Precinct 3, seconded by Commissioner Precinct 2 to 19 approve the agenda item 1.15, that is to approve the 20 agreement between Upper Guadalupe River Authority to 21 allow access to locations in Kerr County for their giant 22 cane management program they are doing as part of an 23 Interlocal Agreement they have with the Texas Parks and 24 Wildlife Department as Mr. Buck explained. They already 25 have an Interlocal Agreement with Parks and Wildlife, 54 1 they just need permission from the County to use County 2 access for purposes of this program. All right, is 3 there any further comment or discussion? 4 COMMISSIONER BELEW: Well, when will you 5 know where all you need to be? 6 MR. BUCK: We're mapping now. I can't 7 answer that specifically, I don't know. We have done 20 8 different properties. Travis, our technician, when we 9 identify a property we go out and look at it and then 10 there's a GPS that we use to get to the area. And then 11 once we get enough area mapped for about ten days of 12 work, the State will bring in their contracted 13 applicators to do work. We haven't gotten that far yet. 14 COMMISSIONER BELEW: And presumably not all 15 of those access points have this problem hopefully. 16 MR. BUCK: No. 17 COMMISSIONER MOSER: He doesn't even know 18 where the actual points are. 19 COMMISSIONER BELEW: Right. But that 20 doesn't mean that -- 21 MR. BUCK: And we may not get all of it. 22 This is a management program; not an eradication 23 program. 24 COMMISSIONER LETZ: I believe there's some 25 growing in the Road and Bridge yards across from the 55 1 Little League fields too hidden back in there, but I 2 believe it's right along the creek there. 3 MR. BUCK: Well, we certainly would like to 4 get with the Road and Bridge Department. 5 JUDGE POLLARD: Is there any further comment 6 or discussion? Those in favor of the motion signify by 7 raising their right hand. It's four zero, unanimous. 8 One abstention, myself. You got it. 9 MR. BUCK: Thank you, Sir. 10 JUDGE POLLARD: All right. Item 1.12 11 consider, discuss and take appropriate action to approve 12 Kerr County renewal of current insurance coverage to 13 include auto liability, auto physical damage, general 14 liability, public officials liability, law enforcement 15 liability, crime insurance with the Texas Association of 16 Counties Risk Management Pool to renew October 1, 2018, 17 and have the County Judge sign same. Dawn Lantz. 18 MRS. LANTZ: Good morning, Judge and 19 Commissioners. This is our usual renewal for our 20 policies coming up October first, we have to submit in 21 this questionnaire every year so we can get our rating, 22 and so I'm asking the Court for approval. 23 COMMISSIONER BELEW: I move for approval. 24 COMMISSIONER REEVES: Second. 25 JUDGE POLLARD: Been moved by Commissioner 56 1 Precinct 1, seconded by Commissioner Precinct 4 to 2 approve item 1.12 on the agenda, and that is to approve 3 the Kerr County renewal of the current insurance 4 coverage to include lots of things, auto liability, auto 5 physical damage, general liability, public officials 6 liability, law enforcement liability, crime insurance 7 with Texas Association of Counties Risk Management Pool 8 to renew October 1, 2018, and to have the County Judge 9 sign same. Is there any further comment or discussion? 10 COMMISSIONER LETZ: Question. I know the 11 Sheriff's Department lost a lot of vehicles that we had 12 bought that were at the dealership. Does that go on the 13 dealer's insurance or our's? 14 MRS. LANTZ: Dealers. We didn't take 15 possession of the vehicles. And Victor Uvalle is here. 16 He is our representative that takes care of our 17 insurance needs so he just wanted to address the Court. 18 MR. UVALLE: Good morning, Commissioners. 19 Yes, just wanted to say hello and thank you and 20 consideration for approval. And I do want to mention 21 that we did have our law enforcement driving simulator 22 here last week, and just trying to work with the patrol 23 deputies to make them safer drivers. And also we're 24 planning a risk control training here in Kerr County for 25 October and will be inviting other surrounding counties, 57 1 Kendall, Gillespie and Bandera. And really topics on 2 law enforcement safety, wellness, and kind of just to 3 work with County Managers and County Supervisors to work 4 together to try to keep the claims down, because if we 5 can keep your claims down we can help keep your cost 6 down. So, will you do that? 7 COMMISSIONER MOSER: Risk Management in 8 general? 9 MR. UVALLE: Risk Management, yes. There 10 will be several sessions. 11 JUDGE POLLARD: Meeting out at the AG barn? 12 MRS. LANTZ: Yes. 13 MR. UVALLE: Yes. It'll be from about 9 to 14 3 o'clock out there. And so it'll be all TAC 15 consultants so there's not a fee or anything like that. 16 And thank you for hosting it. And last year it was a 17 great turnout. We had it here last year and we had a 18 great turnout, and we're hoping for a good turnout again 19 this year. And hopefully you can come check it out for 20 a little while. Like I said, I know one of the hottest 21 topics is HR, and we'll definitely have something on 22 Human Resources out there available. 23 COMMISSIONER MOSER: Lots of risks there. 24 MR. UVALLE: Yes. Yes. But Dawn's real 25 good. 58 1 MRS. LANTZ: And we did all have the law 2 enforcement officers to go through the simulators so 3 Rusty was very good about getting all his officers to 4 take the course and do that. 5 COMMISSIONER REEVES: I understand the HR 6 Director tried it, too? 7 MRS. LANTZ: No, I did not. 8 COMMISSIONER REEVES: I thought you tried 9 the speed pursuit. 10 MRS. LANTZ: No, no. 11 MR. UVALLE: It's safe. You can do it, it's 12 safe. 13 COMMISSIONER MOSER: She didn't want it on 14 her record. 15 JUDGE POLLARD: All right, those in favor of 16 the motion signify by raising their right hand. It's 17 four zero, unanimous. One abstention, myself. 18 Item 1.13 consider, discuss and take 19 appropriate action to approve an Interlocal Agreement 20 between Kerr County and Llano County for jail service 21 and allow the County Judge to sign same. I don't see 22 the Sheriff here. Is there anything? 23 COMMISSIONER BELEW: I'll make the motion 24 that we accept the -- 25 JUDGE POLLARD: Yeah. 59 1 COMMISSIONER REEVES: I'll second it. 2 JUDGE POLLARD: Been moved by Commissioner 3 Precinct 1, seconded by Commissioner Precinct 4 pursuant 4 the item 1.13 of the agenda, and that is to approve an 5 Interlocal Agreement between Kerr County and Llano 6 County for jail services and allow the County Judge to 7 sign same. Any further comment or discussion? 8 COMMISSIONER MOSER: Question. What is the 9 rate that they pay? I don't need to probe into it too 10 deeply. 11 COMMISSIONER REEVES: I believe 50 dollars. 12 MRS. STEBBINS: I think so, too. 13 COMMISSIONER BELEW: That's pretty much the 14 average. 15 COMMISSIONER MOSER: Okay. 16 JUDGE POLLARD: All right, those in favor of 17 the motion signify by raising your right hand. It's 18 four zero, unanimous. One abstention, myself. 19 Item 1.14 consider, discuss and take 20 appropriate action to ratify and confirm various 21 documents related to the Kerr County Flood Warning 22 System grant. Commissioner Moser. 23 COMMISSIONER MOSER: Yeah. This is a grant 24 application that Judge signed some appropriate 25 documents, I think 11 days ago, related to public 60 1 notices, maintenance commitments, designations of 2 contact, and a floodplain manager, so this is just to 3 ratify that. And we should hear whether or not we're 4 still in the hunt for this application for approval for 5 that by the end of this month, hopefully. There's no 6 commitment on any of these things; it is just for 7 applying for the grant. So I move that we ratify, if 8 that's the correct procedure, that is ratify the various 9 documents, as I mentioned, and they're in the packet. 10 JUDGE POLLARD: That have been submitted. 11 COMMISSIONER MOSER: That have been 12 submitted. Okay. And signed by the County Judge. 13 COMMISSIONER LETZ: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Precinct 2, seconded by Commissioner Precinct 3 pursuant 16 to item 1.14 on the agenda, and that is to ratify and 17 confirm various documents heretofore presented relating 18 to a grant application for Kerr County Flood Warning 19 System grant. Is there any further comment or 20 discussion? 21 COMMISSIONER BELEW: I have a question. 22 This is alive again because of Hurricane Harvey? 23 COMMISSIONER MOSER: Yeah, primarily. The 24 Governor said he wanted to put more funds available for 25 mitigation of the affects of flooding, so he opened up 61 1 more funds, and we were denied the first time. They 2 said send a notice of intent. We sent the notice of 3 intent, and they said good, resubmit your application, 4 so -- 5 JUDGE POLLARD: All right, is there any 6 further comment? If not, those if favor signify by 7 raising your right hands. It's four zero, unanimous. 8 One abstention myself. 9 Item 1.16 consider, discuss and take 10 appropriate action regarding funding the construction 11 cost of the East Kerr County/Center Point Wastewater 12 System. Commissioner Moser and Letz. 13 COMMISSIONER MOSER: Okay, I'll start that 14 off. We're continuing on the 55 million dollar project. 15 Commissioner Letz went to Austin last week. He was the 16 only one with the Texas Water Development Board, or 17 anybody with an application, and received approval of -- 18 what was it, Jonathan, 14 million? 19 COMMISSIONER LETZ: 14.4 million. 20 COMMISSIONER MOSER: 14.4 million. So we 21 have another approximately 8 million dollars to receive 22 in grants, or EDAP or whatever. However, as we proceed 23 through this the County of the 55 million has about a 20 24 percent that we're responsible for in debt, or repayment 25 of loans, and the way we proposed to do that, and the 62 1 way this Court approved, was the potential 900 people 2 that will be using the sewer service in East Kerr County 3 is proposed that they pay 45 dollars per month, is what 4 our estimate will be, over the 30 year period to pay 5 down that debt, and the interest thereof. And in 6 addition the $35.00 for -- the estimated $35.00 for the 7 sewer service, so it's 80, 85 dollars per month. 8 We're now into what I call hand to hand 9 combat with 900 people. It's not really combat; it's 10 communication with 900 -- 11 JUDGE POLLARD: Heavy negotiation. 12 COMMISSIONER MOSER: In negotiation with 900 13 property owners to sign on to this service, commit to 14 it, to approve the temporary construction easements, to 15 tie into the system, and it's a lot of work. So you 16 imagine going to 900 and getting approval on this. In 17 this discussion with the people we found that there are 18 a number of people that can't pay, can't afford to pay 19 80, 85 dollars per month. One lady that we talked to 20 said I make ten dollars a month as a salary, and it's 20 21 thousand a year. She said I can't afford 85 dollars a 22 month for this. Another lady that's 90 years old, she 23 said I have a septic system that works perfectly, and 24 even though my property's less than one acre, I can't 25 afford it. So we're seeing this, so we're looking at 63 1 this as being an indication of a problem. What could we 2 do to reconsider the way we're doing business in this. 3 Well, the obvious answer is the purpose of 4 eliminating 900 septic systems, okay, is to keep the 5 Guadalupe River clean, and I think we did a pilot 6 program, if you will, in Kerrville South 200 properties. 7 It changed the most polluted stream in the State of 8 Texas Camp Meeting Creek to a place where now you can 9 fish and eat the fish out of it, so it works. So 10 everybody in the County benefited from that. Everybody 11 in the County paid the County's portion of that project. 12 So Jonathan and I have talked a lot about this over the 13 past several weeks, and one option is to -- and we 14 worked with Brenda, one option is to have the users of 15 the system pay 20 dollars a month rather than 45 dollars 16 a month for the debt, and then to have the County 17 through general funds pay the rest of it. What that 18 would amount to, and Brenda correct me if I'm wrong 19 here, but it's basically -- or approximately 25 dollars 20 per year, 25 dollars per year for every household in the 21 County if everybody -- if they paid all of the debt, 22 okay. If you pay half the debt -- 23 JUDGE POLLARD: For how many years? 24 COMMISSIONER MOSER: For 30 years. So if 25 you're paying half the debt by that revenue source it 64 1 would be in the neighborhood of 12 dollars or something 2 like that, 10 or 12 dollars per year per every household 3 in the County, or like a dollar per month. So since 4 it's a benefit to the entire County the recommendation 5 is that we rescind a court order that we had where we 6 established the 45 dollars a month, and establish the 7 users of the system would pay 20 dollars a month and the 8 County would pay for the balance of the payment of the 9 loans out of general revenues. 10 COMMISSIONER BELEW: Would it be too 11 complicated to have a means test for this? 12 COMMISSIONER LETZ: Let me go back to -- we 13 can get to that, but let me make some other comments on 14 top of what Commissioner Moser said. When we originally 15 started this project about 2004 is when that policy came 16 up as to how we were going to pay for it. At that point 17 the cost of the project was 30 million. Over the 15 18 years to get to where we are today the cost of the 19 project has doubled. So the amount -- I mean the cost 20 of it it's a lot more than we originally thought. To be 21 honest we didn't put a whole lot of thought, there 22 wasn't a lot of discussion about payment of the debt 23 because we were so far off into the future on it, and we 24 just kind of said yes that makes sense, let the 25 residents pay for it. The other side of that, one there 65 1 is a benefit to the whole County. The other part of it 2 is, and we always talked about this, there's going to be 3 an economic development benefit through the project. Is 4 it fair or right to have the people that are paying for 5 it -- I mean all the economic benefit that increased ad 6 valorem taxes goes into the general fund, and they're 7 paying for all the debt. I mean it seems to me it's not 8 a fair balance. They're paying for it, yet everyone 9 countywide benefits from the project. So I think 10 there's an argument -- but I also believe that they 11 should pay -- they're receiving more benefit, and that's 12 why, you know, we came back with it. And 20 dollars is 13 an arbitrary number that Commissioner Moser and I came 14 up with, you know, as a reasonable amount that they 15 should pay for, you know, toward the debt. That's kind 16 of a little bit of the background. 17 The other thing is the bond that we've 18 issued are guaranteed by our ad valorem tax base; 19 they're not guaranteed by the residents. So it's 20 already -- I mean, if people -- if people start 21 challenging us and not hooking up, the general taxpayers 22 pay for it anyway. I mean it's just the way they're -- 23 I mean it's just the way the debt is set up. 24 JUDGE POLLARD: If they refuse to connect 25 the tax payers are paying for it anyway. 66 1 COMMISSIONER LETZ: Yeah, I mean we're 2 obligated for the debt. 3 COMMISSIONER BELEW: When does that start 4 taking affect? 5 COMMISSIONER LETZ: Well, we're paying 6 interest right now. 7 COMMISSIONER BELEW: From the general fund? 8 COMMISSIONER LETZ: Yes, from the general 9 fund, because there is no revenue yet. The idea is -- 10 COMMISSIONER BELEW: There's not going to be 11 any revenue. 12 COMMISSIONER MOSER: Oh, yeah. 13 COMMISSIONER LETZ: There will be revenue. 14 COMMISSIONER BELEW: Not really. How many 15 millions of dollars are we talking about? 16 COMMISSIONER LETZ: About 9 total. That we 17 borrowed. There's 60 million -- the project's 60 18 million -- 19 COMMISSIONER BELEW: 900 customers, 9 20 million dollars. There's not going to be any financial 21 benefit. There's going to be a little offset, a little 22 bit. 23 COMMISSIONER LETZ: No. It's calculated 24 that if you charge 45 dollars a month per customer for 25 the 900 customers that pays the entire debt. 67 1 COMMISSIONER BELEW: In how much time? 2 COMMISSIONER LETZ: 30 years. 3 COMMISSIONER BELEW: 30 years, yeah. So I'm 4 talking about -- I should have said it's almost 5 inconsequential immediately. It's the benefit, the long 6 term benefit you're talking about that we were betting 7 on the come, because otherwise -- 8 COMMISSIONER MOSER: Let me give you a case 9 in point. Case in point, County had a lot to sell, it's 10 appraised at 65 thousand dollars, we put it out for 11 bids, we didn't get any bids what a year and a half, two 12 years ago, Bob? Didn't even come to 65 thousand. We 13 redid it in light of what's going on in Center Point and 14 the sewer system, high bid was a hundred thousand. So 15 it says something about the appraised value of property, 16 and what Jonathan's saying it's benefiting -- 17 JUDGE POLLARD: More benefit to those 18 property owners than the county-wide? 19 COMMISSIONER LETZ: Yeah. But there are 20 currently three projects under way in Center Point that 21 will increase the ad valorem tax base, I'd say, three 22 million dollars, right now that would not happen without 23 the sewer project. 24 COMMISSIONER MOSER: That's benefiting the 25 entire County, that's revenue coming into the County. 68 1 COMMISSIONER LETZ: They couldn't do the 2 project because they couldn't do a septic system. So 3 these projects are a hundred percent of benefit to the 4 County. And is it fair for only those people out there 5 paying for it when the benefit is going countywide also? 6 Yes, they're clearly getting a benefit, that's why -- 7 JUDGE POLLARD: And there will be a lot more 8 projects, manufacturing concerns, and commercial 9 establishments come along that'll benefit a lot more 10 than the few property owners involved. So I think it 11 does warrant a revisit of the figure, and let those 12 people have a smaller share of it. 13 COMMISSIONER BELEW: Well, I thought it was 14 even 45 dollars is high when it's a brand new bill that 15 somebody put on you that you didn't request. 16 COMMISSIONER REEVES: So this offset would 17 go to a monthly fee, or the construction and the 18 connection? What is this going to? 19 COMMISSIONER LETZ: Not the monthly fee. 20 The monthly fee will be set by the WCID in Comfort, and 21 they set it for all their customers, and that won't 22 change. 23 COMMISSIONER REEVES: What about new 24 construction of new commercial, are they going to have 25 to pay -- 69 1 COMMISSIONER LETZ: They have to pay a tap 2 fee. 3 COMMISSIONER REEVES: A tap fee. 4 COMMISSIONER LETZ: The way it's set up 5 right now is that -- Brenda, or whoever our Auditor is, 6 and Brenda may be here in 30 years, but I don't know for 7 sure. 8 COMMISSIONER BELEW: She doesn't want to be. 9 COMMISSIONER LETZ: But annually the way 10 it's set up right now, we calculate what the debt 11 service is because it changes, it's different every year 12 because of the schedule. Every year we recalculate it, 13 then we redivide it out amongst of all the number of 14 customers, and then we tell WCID, okay, this year we 15 need this much money. It's a bit of a cumbersome 16 process that we're doing. What we would do is change 17 it, and then tell WCID, you charge 20 dollars for this 18 part of your service. You're charging 20 dollars that 19 gets remitted to Kerr County annually, or however they 20 do it, monthly, I think they submit money to us. So 21 there's -- it's a lot cleaner, its easier, its a flat 22 amount for as long as the debt gets paid off. And any 23 new person that hooks up to that line they pay that 20 24 dollars as well. 25 JUDGE POLLARD: So is that going to solve 70 1 the problem, are there people that still can't afford 2 it? 3 COMMISSIONER LETZ: There's still maybe 4 some, but I think it helps a lot. And I think it 5 also -- we have asked the County Attorney to do quite a 6 bit of research as to -- we have the authority to 7 require them to hook up, but it's not real clear what 8 that authority means. So the fewer people we have to 9 challenge us -- the fewer people we have to challenge us 10 the better off we're going to be. 11 COMMISSIONER MOSER: See, if we went from 20 12 dollars a month to zero, okay, there's some -- so now 13 you've gone from 10 or 12 dollars per year to 25 dollars 14 a year. There's another thing that that simplifies, 15 WCID is collecting that money for us. If somebody comes 16 to WCID and says we would like to not have our sewer 17 service for four months because we go to New Mexico for 18 four months every year. They say okay, good. But we 19 still have to require -- they still have to be 20 collecting the funds for payment of the debt. So if the 21 people that are using the system had nothing to pay 22 every month for the benefits that we just talked about, 23 you know, that's another consideration, and that's like 24 zero to them, but it hits everybody in the County for 25 25 dollars a year average household for 30 years, so -- 71 1 JUDGE POLLARD: I think the fair division is 2 the users paying 20 dollars a month. 3 COMMISSIONER MOSER: And we have had -- you 4 know, when we brought this we said well let's just wait 5 on this, but the more we interface with the people, we 6 just got a pretty strong indication really quickly that 7 there's going to be some issues, so we might as well 8 bite the bullet and bring it here before we get into -- 9 plus we're communicating with all these people every 10 single day. Like we have another open house in Center 11 Point tomorrow from -- all day long. Here's what it is, 12 here's the service, so we're having to communicate with 13 them right now. So it would be good if we could go back 14 and reduce that and avoid a problem. Best way to solve 15 a problem is avoid a problem, so that's -- that's some 16 background on it. A lot of discussion there. 17 So if we do this, we'd have to rescind the 18 Court Order which established the 45 dollars a month, 19 and change it to whatever we say. 20 dollars a month is 20 what Jonathan and I came up with. 21 COMMISSIONER BELEW: 1999 sounds better. 22 Just as a marketing tip. 23 COMMISSIONER MOSER: So with that I would 24 make a motion, okay, that we rescind court order 36713 25 on the 23rd day of April of this year, 2018, and in its 72 1 place to make a motion that the users of the East Kerr 2 County/Center Point Wastewater System set the rate of 3 which they pay to pay off the debt of 20 dollars per 4 month. 5 COMMISSIONER LETZ: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Precinct 2, seconded by Commissioner Precinct 3 pursuant 8 to item 1.16 of the agenda, which it reads consider, 9 discuss and take appropriate action regarding funding 10 the construction cost of the East Kerr/Center Point 11 Wastewater System, but it specifically includes a 12 recision of -- what is it? Court Order Number 36713 you 13 said? 14 COMMISSIONER MOSER: 36713. 15 JUDGE POLLARD: All right. Which set the 16 user's rate at 45 dollars a month, and we want to 17 rescind that now, and does it include to modify it to 20 18 dollars a month, or is that -- 19 MRS. STEBBINS: Maybe should be two motions. 20 One to rescind the Court order, and one to set it at 20. 21 COMMISSIONER MOSER: Right. 22 COMMISSIONER LETZ: So this is to rescind 23 court order -- 24 COMMISSIONER MOSER: This is to rescind the 25 court order. 73 1 JUDGE POLLARD: So this is to rescind the 2 court order 36713. All right, any further comment or 3 discussion? 4 COMMISSIONER REEVES: Yes, Sir. On the face 5 of it, I have a problem. I'm thinking where I live that 6 I'm going to pay another 20 or 25 dollars a month, but I 7 think -- 8 COMMISSIONER MOSER: Per year. 9 COMMISSIONER REEVES: Per year. I 10 apologize. But 20 or 25 dollars per year. But I think 11 the long term economic benefit to the County as a whole 12 just from what I'm hearing, what you have said, but 13 other things I've heard, the long term economic benefit 14 will far outweigh that cost, and some people might ask 15 what benefit would I or anybody else in the far West 16 Kerr get out of it. I think we should see it. I think 17 we've been preaching economic growth and development for 18 four years, and I think this is one of the aspects, and 19 so I just would like that on the record. 20 COMMISSIONER MOSER: Good point. 21 COMMISSIONER LETZ: And one other comment 22 I'll make on that. Also, it will not have an impact on 23 our tax rate base probably for two years, because we're 24 paying interest only still right now, so it's a nominal 25 amount, same as we were paying last year basically. It 74 1 will -- and it'll get rolled into -- when talking to 2 Dusty Traylor a little bit about this it will get rolled 3 into our debt service, and Brenda will calculate that 4 annually anyway. So there will be an impact, but it 5 won't be for several years. 6 COMMISSIONER MOSER: Okay, so that's one 7 motion to rescind. 8 JUDGE POLLARD: Okay. Any further comment 9 or discussion? If not, those in favor of the motion 10 signify by raising your right hands. It's four zero, 11 unanimous. One abstention, myself. All right, that 12 takes care of that. 13 COMMISSIONER LETZ: No. We gotta set -- 14 now we rescinded it, now we need to reset it. 15 COMMISSIONER MOSER: Okay. The second 16 motion, or another motion is to establish the monthly 17 fee of 20 dollars per month for the people that use the 18 East Kerr/Center Point Wastewater System for the payment 19 of the debt service. 20 COMMISSIONER LETZ: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Precinct 2, seconded by Commissioner Precinct 3 to 23 assess the cost to the users of the East Kerr 24 County/Center Point Wastewater Project System to $20.00 25 a year is it, or a month? 75 1 COMMISSIONER MOSER: $20.00 a month. 2 JUDGE POLLARD: $20.00 a month. Is there 3 any further comment or discussion? There being none, 4 those in favor of the motion signify by raising your 5 right hands. It's four zero, unanimous. One 6 abstention, myself. 7 1.17 of the agenda, consider, discuss and 8 take appropriate action to approve Amendment #7 to the 9 Agreement for Engineering Services between Kerr County, 10 owner, and Tetra Tech, Inc., Engineer for Center Point 11 wastewater improvements. Commissioner Letz. 12 COMMISSIONER LETZ: Yes. As you probably 13 will recall Tetra Tech is the main entity that prepares 14 our applications for the grants on the East Kerr 15 Wastewater Project. And then their fee is out of the 16 grant, or loan, if we get it. Amendment 7 is for the 17 application preparation for the funds -- or for the 18 grant, SRF Grant that was just approved last Thursday on 19 the 21st by the Water Development Board, and this 20 amendment will allow them to get paid for their 21 application services, and that those funds do come out 22 of the Grant. So I make a motion to approve Amendment 23 7. 24 COMMISSIONER MOSER: Second. 25 JUDGE POLLARD: Been moved by Commissioner 76 1 Precinct 3, seconded by Commissioner Precinct 2 to 2 approve item 1.17 of the agenda, and that is to approve 3 Amendment #7 to the agreement for engineering services 4 between Kerr County, Owner, and Tetra Tech, Inc., 5 Engineer for Center Point/Wastewater Improvement 6 Project. Is there any further discussion, comment? 7 There being none, those in favor signify by raising 8 their right hands. Four zero, unanimous. One 9 abstention, myself. 10 1.18 consider, discuss and take appropriate 11 action to approve Amendment #8 to the Agreement for 12 Engineering Services between Kerr County, Owner, and 13 Tetra Tech, Inc., Engineer for Center Point wastewater 14 improvements. Commissioner Letz. 15 COMMISSIONER LETZ: This is the same type of 16 amendment, but this is for an EDAP application, and the 17 next agenda item that we'll be talking about the -- but 18 it's the same thing that Tetra Tech to prepare the 19 application, which is rather extensive. And the 20 application will be due July 18th, so this has been -- 21 again they'll reimbursement comes only if the grant is 22 approved. 23 JUDGE POLLARD: Was that a motion? 24 COMMISSIONER LETZ: That was a motion to 25 approve Amendment 8. 77 1 COMMISSIONER MOSER: And I second that. 2 JUDGE POLLARD: All right, it's been moved 3 by Commissioner Precinct 3, seconded by Commissioner 4 Precinct 2, pursuant to item 1.18 of the agenda, which 5 is to approve the Amendment #8 to the agreement for 6 Engineering Services between Kerr County as Owner and 7 Tetra Tech, Inc. as Engineer for the Center Point 8 Wastewater Project. Any further comment or discussion? 9 There being none those in favor of the motion signify by 10 raising their right hand. It's four zero, unanimous. 11 One abstention, myself. 12 Item 1.19 consider, discuss and take 13 appropriate action to review economically distressed 14 areas Program application to the Texas Water Development 15 Board and other related documents concerning the East 16 Kerr/Center Point Project, and authorize Commissioner 17 Letz and Commissioner Moser to prepare final EDAP 18 application and other related documents as may be needed 19 for application submission to the Texas Water 20 Development Board before July 18, 2018. Commissioner 21 Letz. 22 COMMISSIONER LETZ: First, let me go back a 23 little bit. Commissioner Moser mentioned briefly that I 24 was in Austin last week when we got an approval of the 25 grant. And just make a comment related to that. After 78 1 that meeting I had a one-on-one meeting with Chairman 2 Lake, the chairman of the Water Development Board, and 3 he made it very clear that he was very appreciative Kerr 4 County was the only applicant that came to the Board 5 Meeting and stood up and thanked, or talked a little bit 6 about the project. They recognized it. They thought 7 that, you know, that it was -- that it is appreciated. 8 And I told him basically that well, we just felt that we 9 should say thank you. That was a lot of money to be 10 given to Kerr County. 11 After that I also met with the Department of 12 Agriculture and General Counsel. And told them the same 13 thing, and he says what can I do for your today, and I 14 said really nothing. You've already done it, you've 15 given us a lot of money for various, you know, hookups 16 in Kerrville South and here, and the new project, and we 17 just -- I just came by to say thank you. And he had the 18 same reaction, and he goes that's unusual. I mean no 19 one ever comes and tells us thank you. And also thank 20 you for the hog grant. I said, you know, we do a lot of 21 things with them, too. I was in the building so I 22 thought I should come up and say thanks. And it just 23 shows that, you know, a few things like that. I don't 24 know if it makes any difference, but it is the right 25 thing to do. 79 1 JUDGE POLLARD: Common courtesy. 2 COMMISSIONER LETZ: Common courtesy. 3 The EDAP application, Commissioner Moser, 4 myself, and Charlie Hastings and our engineers have met. 5 There is a limit under this current application round of 6 14 million, 14.7 million, I think, per applicant. The 7 rest of the East Kerr project is about, you know, 9 8 point something million. When we met with the Water 9 Development Board several weeks ago, we went over the 10 application process and what they're looking for. They 11 have changed their story and criteria some, and they 12 mentioned several times about cost per connection and 13 it'll be factor, and finally after the third time I 14 heard them say those terms. And I say okay, let's go 15 back. You keep on mentioning this, what are you trying 16 to tell us? And they said well, we -- a number of 17 entities we anticipate will be scored at the equally at 18 the highest level. Actually took that to mean that Kerr 19 County would probably be in that group, and he said the 20 tie breaker is going to be your cost per connection, 21 construction cost per connection. We started looking at 22 our project and our cost per connection for the entire 23 rest of the project is pretty high. We met last week, 24 and Commissioner Moser and myself, and the 25 recommendation to the Court is that we split that 80 1 application into two applications. One goes out to Hill 2 Country River Estates, which is the far western area out 3 Skyline, the most important probably signalled area to 4 get hooked up, and it's a Colonia. About 4.2 million, 5 Charlie, for that one? 6 MR. HASTINGS: Yes, Sir. 7 COMMISSIONER LETZ: 4.2 million for that. 8 And that cost for connection ended about 28 thousand, 9 which is lower than any of our previous applications. 10 And then we get into the second application is the area 11 off JJ Lane and around Stoneleigh, and the cost for 12 connection there is approaching a hundred thousand. So 13 we split -- the average was around 36 to 37 thousand, 14 and we really want to make sure we got the -- since they 15 made it very clear that the cost per connection is 16 critical. We wanted to make sure -- or hope we make 17 sure that we get our highest priority in so they're 18 doing -- it will be submitting two applications. We may 19 get funded for both. Hopefully at least we get one 20 funded. 21 All that being said the application is due 22 July 18th, which is roughly a short time for you once 23 they finally release, or announce that they're going to 24 be accepting applications for EDAP. EDAP is a hundred 25 percent funded by a grant. There's no contribution from 81 1 Kerr County. 2 COMMISSIONER MOSER: So no debt service. 3 COMMISSIONER LETZ: No debt service. Which 4 is another reason we really pick our worst -- I 5 shouldn't say our worst; our area in most need. 6 COMMISSIONER MOSER: Highest priority. 7 COMMISSIONER LETZ: Highest priority. 8 Because we know the ones that we think will score high. 9 So this agenda item is to one, there is a Resolution 10 that was in the backup that we need to -- the Court 11 needs to approve our Counsel, Tom Spurgeon, prepared for 12 the Court to authorize the submission of the 13 application, and then the other -- that'll be one agenda 14 item, and then the second item would be to allow 15 Commissioner Moser and I authority, if we don't have 16 time to bring it back to the Court on the 9th of July, 17 to let us have authority to submit this application and 18 get all that we need to signed. 19 COMMISSIONER BELEW: I thought we already 20 voted on that. 21 COMMISSIONER LETZ: Not on submission. 22 COMMISSIONER BELEW: This is something new, 23 because you're authorized to sign. 24 COMMISSIONER LETZ: We're authorized to 25 sign, but this is a new -- this is an actual -- this is 82 1 a new project so to speak. It's part of the big 2 project, but a new part -- 3 COMMISSIONER MOSER: The last request for 4 money. 5 COMMISSIONER BELEW: It's not part of an 6 umbrella thing, is it? This is all brand new? 7 COMMISSIONER LETZ: The umbrella was to sign 8 documents, you know, related to the existing contract. 9 COMMISSIONER MOSER: Construction process 10 itself. 11 COMMISSIONER LETZ: Things like that. This 12 is a new project. And I think that needs to come back 13 to the Court. And also it specifically, by Tom 14 Spurgeon's reading of the law, requires Court adoption 15 of a Resolution authorizing -- 16 COMMISSIONER BELEW: My question is it's a 17 hundred percent of say -- of which neighborhood did you 18 say? 19 COMMISSIONER LETZ: Hill Country River 20 Estates. 21 COMMISSIONER BELEW: That's Number 1 on the 22 list? 23 COMMISSIONER LETZ: Yes. 24 COMMISSIONER BELEW: And that's the densest 25 population? 83 1 COMMISSIONER LETZ: Yeah. 2 COMMISSIONER BELEW: So if a hundred percent 3 of that is paid, then Kerr County picks up the other 4 cost for another grant, or how's that get done? 5 COMMISSIONER LETZ: No, no. We will relook 6 at it, and we go back to the drawing board. 7 Commissioner Moser and I talked a little bit this 8 morning, and Charlie, and we're looking at if there's a 9 way we can cut the cost for connection. JJ Lane is an 10 area right on the river that's fairly high priority. 11 And if we can get JJ Lane included and leave off the 12 Stoneleigh portion, that will probably drop that cost 13 per connection, so we're looking at that. But if it 14 doesn't get funded it would just go back into the -- 15 into our lap to figure out how are we going to proceed 16 on that -- this last little piece of the project. 17 COMMISSIONER BELEW: We wouldn't necessarily 18 fund it, we might find another grant? 19 COMMISSIONER LETZ: Yeah, we definitely 20 wouldn't fund it, there's nothing here. 21 COMMISSIONER BELEW: We couldn't afford 22 that. 23 COMMISSIONER LETZ: No, we're not going to 24 fund it. 25 COMMISSIONER MOSER: Even on the EDAP 84 1 doesn't require that we fund any part of it; it's funded 2 with the economically depressed areas, so it's a big 3 benefit. So it -- what's the right strategy on 4 submitting the application. This just says we submit 5 the -- approve the resolution, and submit the 6 application, and let Commissioner Letz or myself sign 7 that, the application submitted. 8 JUDGE POLLARD: Is that a motion? 9 COMMISSIONER MOSER: Let him make it. 10 COMMISSIONER LETZ: Just to say the 11 application is submitted online, and kind of myself and 12 Stacy Barna with Tetra Tech do it. She does 99 percent 13 of it. 99.9 percent of it. It's a rather cumbersome 14 process. But anyway, it's submitted online, but this is 15 to authorize that. 16 I make a motion, first motion -- I make a 17 motion that we approve the Resolution as supplied by 18 outside counsel Tom Spurgeon authorizing the submission 19 of the grant, and a copy of that is attached. I will 20 put on there that we may amend that, the dollar amount 21 in that since there will be two applications we may do 22 two Resolutions. I'm not sure if that'll be required or 23 not. My motion is to approve that Resolution, and 24 authorize the County Judge to sign same. 25 COMMISSIONER MOSER: I second. 85 1 JUDGE POLLARD: And possibly two. 2 COMMISSIONER LETZ: And possibly two. 3 JUDGE POLLARD: Two Resolutions. Both of 4 them. 5 COMMISSIONER LETZ: Yes. 6 COMMISSIONER MOSER: And I second that. 7 JUDGE POLLARD: Been moved by Commissioner 8 Precinct 3, seconded by Commissioner Precinct 2 pursuant 9 the item 1.19 of the agenda, and that is to approve the 10 submission of an application, or two applications 11 possibly, as maybe required, to the Texas Water 12 Development Board on or before July 18, 2018, and that 13 these applications be signed by Commissioners Letz and 14 Moser, or one or the other? 15 COMMISSIONER LETZ: Yeah. 16 JUDGE POLLARD: Or one or the other, 17 whoever's available at the time. Is that a fair 18 statement of the motion? 19 COMMISSIONER LETZ: Yes. We'll do a second 20 motion then. 21 JUDGE POLLARD: All right. If there's no 22 further comment or question then those in favor of the 23 motion signify by raising your right hands. It's four 24 zero, unanimous. One abstention, myself. All right, 25 that takes care of the item. 86 1 COMMISSIONER LETZ: No. We have one more we 2 need to -- 3 COMMISSIONER MOSER: Let me make a brief 4 comment real quick. That's the difference between 5 County government and City government. All this stuff 6 that Commissioner Letz just went through and I've been 7 going through, that's what their City Manager does, 8 okay. The City Manager does all of that, okay, and -- 9 JUDGE POLLARD: He and his staff. 10 COMMISSIONER MOSER: Well, okay, yes. He 11 and his staff. So I'll stop right there. It is not 12 throwing stones. It's just that there's a lot of 13 detailed work that people up at this bench do that -- 14 JUDGE POLLARD: The point is that their not 15 Road Commissioners anymore. 16 COMMISSIONER MOSER: Right. Or else we 17 wouldn't be here. There would be five other people. 18 JUDGE POLLARD: That was a thing along the 19 past. 20 COMMISSIONER LETZ: Judge, there is one 21 other. I make a motion that we approve the Resolution 22 authorizing submission of the the EDAP grants. 23 JUDGE POLLARD: Okay. 24 COMMISSIONER LETZ: And they'll be -- 25 JUDGE POLLARD: You second that, Tom? 87 1 COMMISSIONER MOSER: Second. 2 COMMISSIONER LETZ: And authorize you to 3 sign that. 4 JUDGE POLLARD: All right, it's been moved 5 by Commissioner Precinct 3, seconded by Commissioner 2 6 to -- 7 COMMISSIONER LETZ: Approve the Resolution. 8 JUDGE POLLARD: Approve the Resolution to 9 support that, is that correct? 10 COMMISSIONER LETZ: To authorize submission 11 of the grant. 12 JUDGE POLLARD: All right. Any further 13 comment or discussion? And authorize County Judge to 14 sign same. Any further discussion? If not, those in 15 favor of the motion signify by raising your right hands. 16 It's four zero, unanimous. 17 All right, item 1.20 consider, discuss and 18 take appropriate action regarding request from the Texas 19 Department of Transportation to use the right of entry 20 at various locations throughout the County to perform 21 surveying, environmental, geotechnical, and/or utility 22 engineering for the State Highway 27 construction 23 project. Commissioner Letz. 24 COMMISSIONER LETZ: Several weeks ago we 25 received a stack of right of way applications, or I 88 1 guess they were applications, and Jody said what do we 2 do with these. I said send them to Charlie. Charlie 3 looked at them, identified them, and these are all 4 basically intersections of County roads and State 5 Highway 27 where they're going to do their project from 6 Spur 100 out to 1350. And it is just basically to give 7 TxDOT access to our right of way along Highway 27. And 8 I think there's 10 or 12 of them it looks like. 9 So I make a motion that we authorize the 10 County Judge to approve all of the right of way 11 applications. Right of way -- 12 MR. HASTINGS: Right of entry. 13 COMMISSIONER LETZ: The right of entry. 14 JUDGE POLLARD: Easements, is that what they 15 are? 16 MR. HASTINGS: Right of entry. So that 17 their surveyors can gather data to put the State Highway 18 27 project together. 19 COMMISSIONER LETZ: The right of entry 20 application submitted from TxDot. 21 COMMISSIONER REEVES: Second. 22 JUDGE POLLARD: Who seconded it? 23 COMMISSIONER REEVES: I did. 24 JUDGE POLLARD: You did, all right. It was 25 moved by Commissioner Precinct 3, being seconded by 89 1 Commissioner Precinct 4. This is pursuant to item 1.20 2 of the agenda today to approve the right of entry at 3 various locations throughout the County that intersect 4 with Highway 27 to TxDOT for the purposes of perform 5 surveying, environmental, geotechnical, or utility 6 engineering for that State Highway 27 construction 7 project. Any further comment or discussion? If not, 8 those in favor of the motion signify by raising your 9 right hands. It's four zero, unanimous. One 10 abstention, myself. 11 Item 1.21 consider, discuss and take 12 appropriate action to ratify and confirm Resolutions for 13 participants in the Kerr County Wounded Warrior Family 14 Hill Country Adventure. Commissioner Moser. 15 COMMISSIONER MOSER: Yes. Thank you, Judge. 16 These are the Resolutions presented to 5 of the Wounded 17 Warriors yesterday at our luncheon. We have one more 18 Resolution to prepare with a late Wounded Warrior that 19 joined group. So I would make a motion that we rat 20 ratify and confirm the 5 Resolutions that where signed, 21 and approve a similar Resolution to be signed by members 22 of this Commissioners' Court for the 6th participant so 23 we can mail that Wounded Warrior his next week. 24 COMMISSIONER REEVES: I'll second. 25 JUDGE POLLARD: Been moved by Commissioner 90 1 Moser, Precinct 2 and seconded by Commissioner Reeves of 2 Precinct 4 to approve the one more -- what do you call 3 them? 4 COMMISSIONER MOSER: To confirm and -- 5 COMMISSIONER REEVES: Resolution. 6 JUDGE POLLARD: Resolution. Of the sixth 7 Wounded Warrior that joined, and execute it and forward 8 it to him. Any further comment? This is item 1.21 of 9 the agenda. There being no further comment those in 10 favor signify by raising your right hand. It's four 11 zero, unanimous. One abstention, myself. 12 Item 1.22. This is has to do with the sale 13 of the tract of land down in Center Point on the lake. 14 The County's tract down there, I got a call shortly 15 after the contract was received by the title company 16 saying -- Kerrville Title said they looked at it and 17 found three separate legal descriptions of the tract so 18 they were going to require a survey, and they didn't 19 think it could be accomplished by the closing date in 20 the contract and they asked for an extension. So I put 21 it on the agenda for that purpose, but we subsequently 22 learned through Commissioner Reeves that the Voelkel's 23 had been -- had done a survey out there and there is a 24 legal description that we think that will comply with 25 the requirements of title company, so we're going to 91 1 pass item 1.22. 2 COMMISSIONER REEVES: What I might suggest, 3 if I may, Mr. Voelkel had performed a survey before we 4 had the appraisal and he was going to send the legal 5 description, you know, for approval with the title 6 company. Might I suggest just because we won't be 7 meeting for awhile that authorize the County Judge if 8 need be to extend the closing for 30 days in case 9 something else comes up. If it's not needed then 10 it's -- but he already has the authority to extend it if 11 needed. 12 COMMISSIONER MOSER: That's a motion? 13 COMMISSIONER REEVES: That's my motion. 14 COMMISSIONER MOSER: And I second that. 15 JUDGE POLLARD: Been moved by Commissioner 16 Precinct 4, seconded by Commissioner Precinct 2 to 17 authorize the County Judge to execute an extension of 18 the contract for up to 30 days, that being the contract 19 with the sale of the Center Point tract of land on the 20 lake down there, is that correct? 21 COMMISSIONER REEVES: If an extension is 22 needed you have authorization. 23 JUDGE POLLARD: And if the extension is 24 needed, that's correct. Well, we can still go ahead and 25 close ahead of time. 92 1 COMMISSIONER REEVES: Exactly. But if 2 needed. 3 JUDGE POLLARD: And authorize the County 4 Judge to sign same. Any further discussion? If not, 5 those in favor of the motion signify by raising your 6 right hand. It's four zero, unanimous. One abstention, 7 myself. 8 COMMISSIONER REEVES: I assume that was 9 okay, Miss Attorney? 10 MRS. STEBBINS: Yes, Sir, it was perfectly 11 fine. 12 COMMISSIONER REEVES: You didn't throw 13 nothing at me. 14 MRS. STEBBINS: Not today. 15 JUDGE POLLARD: Item 1.23 consider, discuss 16 and take appropriate action regarding real estate 17 acquisition. Is this an executive session matter? 18 COMMISSIONER REEVES: Yes, it is. 19 JUDGE POLLARD: Let's pay the bills. 20 COMMISSIONER REEVES: Is Charlie and Kelly 21 ready to report on the bids? 22 JUDGE POLLARD: Go back to item -- what is 23 that? 24 COMMISSIONER REEVES: 1.10, I believe. 25 JUDGE POLLARD: Back to item 1.10, and Mr. 93 1 Hastings and Kelly Hoffer will have a report. 2 MR. HASTINGS: Thank you. The way the bids 3 were put together, we knew we had a limited number of 4 funds, and so in the plans and specifications that we 5 were very clear, and we talked about it in the addendum 6 as well, and at our pre-bid meeting that we could award 7 this project based on any combination of the different 8 line items they bid on. That way we can make sure that 9 we spend the money that we have budgeted for this. 10 So with that being said, we looked at this 11 from several different angles, and we came up with a low 12 bid if we award bid item A -- where are we. A1, A2, A3, 13 A6, A7, and then it was the -- 14 COMMISSIONER REEVES: Why don't you go over 15 what ones you're wanting to award; not just A. Tell 16 everybody what A1 is. 17 MR. HASTINGS: I will. A1, 2, 3, 6 and 7 is 18 the base work and the drainage work for project A. 19 COMMISSIONER LETZ: What's project A? 20 MR. HASTINGS: And project A is Indian 21 Creek, and project B is Rim Rock. And if we award the 22 base and drainage work just for those two projects then 23 it'll fit our budget. 24 COMMISSIONER REEVES: Rim Rock being 25 Kerrville South Rim Rock or -- 94 1 MR. HASTINGS: Kerrville South. 2 MS. HOFFER: Yeah, not the Big Springs. 3 MR. HASTINGS: So those are the two projects 4 that we'd like the Court to award those line items. It 5 would be A1, A2, A3, A6 and A7, and B1, B3 and B6, and 6 the low bid ends up being with Allen Keller for 7 $211,312.10. The next -- what were the other bids for 8 that? 9 MS. HOFFER: The next one was this company. 10 MR. HASTINGS: TIERRA LEASE for those same 11 items would come in at $243,501.75. Then J3 at 12 $313,731.87, and Edmund Jenschke at $321,061.00. 13 COMMISSIONER REEVES: And how much did we 14 have budgeted in this current year? 15 MS. HOFFER: We had 200,000 that was 16 budgeted out of line item 15-612-580, which was called 17 Special Projects. I had called Vicki, we are going to 18 have a surplus of an aggregate line item 15-612-551 that 19 we would be able to take the remaining -- it was 20 $11,312.10. Or Vicky also had called James while we 21 were tabulating the bids, and we do have a pretty large 22 surplus in our salary line item also just from open 23 positions that we haven't been able to fill that would 24 also cover this. We do have money. 25 COMMISSIONER LETZ: Did the bids come in 95 1 about where you thought or -- 2 MR. HASTINGS: They did. They did. I ran 3 some numbers on this and started talking to Kelly early 4 on, I said we've got four miles here, and I'm not sure 5 how we're going to be able award this if we only have 6 $200,000 we're not going to be able to do all four 7 miles. And she said well what if they just did the base 8 and we did the chipseal. Okay, I can do that. I can 9 reword this to see what we can get. We feel really good 10 about these two projects. We already have aggregate for 11 the chipseal at both of these sites, because we thought 12 we'd be doing it this year, but because Road and Bridge 13 is trying to get 50 miles of road chipsealed, they 14 didn't have time to do reconstruction. So they're going 15 to do the reconstruction for us, all the base work. And 16 then we can come right behind them and chipseal it. 17 There's already aggregate sitting out there waiting to 18 be used. It's perfect. And those are the only two 19 roads that we already have aggregate sitting on as well. 20 These are in line with my Engineer's estimates and what 21 I thought it would cost. 22 COMMISSIONER LETZ: I gotta figure out to 23 get the motion correct. Can you hand that to me, I can 24 read it into the motion, what we're approving. 25 MR. HASTINGS: I don't think so. 96 1 (Laughter.) 2 MR. HASTINGS: But I could read it again. 3 COMMISSIONER MOSER: He said can you read 4 it; no you can't. 5 JUDGE POLLARD: All right. I think you said 6 A1, A2, A3, A6, A7. 7 MR. HASTINGS: Yes, Sir. 8 JUDGE POLLARD: You're awarding to who? 9 MR. HASTINGS: It would be bid item -- to 10 Allen Keller Company. Bid item A1, A2, A3, A6, A7 and 11 B1, B2, B3 and B6 to Allen Keller company. 12 JUDGE POLLARD: All to Allen Keller based on 13 his bids. 14 MR. HASTINGS: Yes, to Allen Keller Company 15 for a total of $211,312.10 to be paid for out of line 16 items 15-612-551, that would be $11,312 -- 17 COMMISSIONER REEVES: Why don't we go ahead 18 and let Auditor decide where you take that money from. 19 MS. HOFFER: Okay, that'll work. 20 MR. HASTINGS: Okay. 21 COMMISSIONER LETZ: I make a motion that 22 we -- 23 JUDGE POLLARD: Do what he said? 24 COMMISSIONER LETZ: -- accept the 25 recommendation of the County Engineer. 97 1 COMMISSIONER MOSER: I second it. 2 JUDGE POLLARD: All right, it's been moved 3 by Commissioner Precinct 3, seconded by Commissioner 2 4 to make the award based on the bids that was dictated 5 into the record by County Engineer, Mr. Hastings and 6 Kelly Hoffer. A1, 2, 3, 6 and 7 as well as B1, 2, 3 7 and 6 to Allen Keller Company for a total of -- say it 8 again. 9 MR. HASTINGS: $211,312.10. 10 JUDGE POLLARD: All right. Does that state 11 it? 12 COMMISSIONER MOSER: Which is in the budget. 13 JUDGE POLLARD: It's all budgeted out, yeah. 14 COMMISSIONER REEVES: With a question. Was 15 this the low bid? 16 MR. HASTINGS: This is the lowest qualified 17 bid yes, Sir. 18 COMMISSIONER REEVES: It's the lowest 19 qualified -- 20 MR. HASTINGS: It's the lowest based on 21 those bid items. Is your question -- 22 COMMISSIONER REEVES: Yes. 23 MR. HASTINGS: Yes, that is the lowest on 24 those bid items, yes, Sir. 25 JUDGE POLLARD: All right, any further 98 1 comment or discussion? If not, those in favor of the 2 motion signify by raising your right hands. It's four 3 zero, unanimous. One abstention, myself. Is there 4 anything else now before going into -- well, we'll pay 5 the bills and all that. Okay. 6 MS. HOFFER: Thank you. 7 MR. HASTINGS: Thank you. 8 JUDGE POLLARD: All right, thank you. Item 9 4.1 pay the bills. 10 MRS. DOSS: No bills. 11 JUDGE POLLARD: No bills. 12 4.2 budget amendments? 13 MRS. DOSS: No budget amendments. 14 4.3. Late bills? 15 MRS. DOSS: No late bills. 16 4.4 approve and accept monthly reports. 17 COMMISSIONER REEVES: Yes, Sir. Unless I 18 indicate otherwise these reports are for the month 19 ending May 31, 2018. They're the County Clerk's monthly 20 report, District Clerk's monthly report, J.P. Precinct 1 21 monthly report, Constable Precinct 3 monthly report, 22 Constable Precinct 4 monthly report, and the monthly 23 report for the Kerr County Treasurer's office. Move to 24 accept the reports as submitted, and sign where needed. 25 COMMISSIONER LETZ: Second. 99 1 JUDGE POLLARD: Been moved by Commissioner 2 Precinct 4, seconded by Commissioner Precinct 3 to 3 approve and accept the monthly reports as dictated into 4 the record by Commissioner Precinct 4, and to approve 5 them where appropriate as needed. Is there any further 6 comment or discussion? There being none those in favor 7 signify by raising your right hand. It's four zero, 8 unanimous. One abstention, myself. 9 All right. Auditor's reports? She just 10 left, I guess she doesn't have one. 11 4.6 court orders. Are there court orders? 12 COMMISSIONER LETZ: There's one. 13 JUDGE POLLARD: Well, we'll get to them 14 then. 15 COMMISSIONER LETZ: We can come back to that 16 after executive session. 17 JUDGE POLLARD: While we're waiting on that, 18 5.1 reports from Commissioner/Liaison Committee 19 Assignments. Anybody? 20 COMMISSIONER BELEW: Well, Julie Leonard got 21 an award. 22 JUDGE POLLARD: All right. 5.2 report from 23 elected officials/department heads? Anybody? Yes, Sir. 24 MR. HASTINGS: Yes, Sir. Thank you. I just 25 wanted to report on the status and progress of the 100 1 roof -- reroofing project. The contractor's finishing 2 up the Juvenile Detention Facility, and he has scheduled 3 and planned to begin at the courthouse the Monday after 4 the 4th of July. I think that will be July the 9th. 5 He'd like to start on this side first, and then when 6 they get done with this part move over to the annex and 7 go next door. I've been in communication with the 8 district judges, they've got a lot of cases going on 9 over there, and the work would be done on the roof just 10 above them, and that's very concerning to -- I think to 11 everyone, and to the judges in particular. And an issue 12 that we're trying to work through is it'll take the 13 contractor about ten weeks to do the work, and out of 14 the ten weeks that we've identified, six of them we've 15 been asked to stay off the roof, so I'm not real sure 16 how that's going to work. I've the asked the contractor 17 if he can work maybe in the evenings, or we can work 18 around this somehow. Weekends. And he hasn't responded 19 to that yet. So just wanted the Court to know that 20 that's a challenge that we're trying to work through. 21 And that we're open to any suggestions. 22 COMMISSIONER BELEW: Have you run any kind 23 of a test to see how much noise actually gets through in 24 the courtroom? 25 MR. HASTINGS: Not yet we haven't, and 101 1 that's one of the things that I wanted to do, and the 2 judges had suggested and responded to that at who to 3 make sure that we include in that. 4 JUDGE POLLARD: I think they can keep 5 working. I mean it might be hard to get along, hard 6 sometimes to hear, but their dockets are going to -- 7 they're clogged up already. They need to keep moving. 8 COMMISSIONER BELEW: I agree with that. 9 COMMISSIONER LETZ: I agree with that. But 10 also, I think you may visit with whoever, the Courts and 11 see their schedules a little bit. I mean I would hate 12 to have us cancel work and then they end up not having a 13 trial, which often happens. So I would rather make -- 14 I'm getting a look from the County Attorney. But I 15 think we should try to, you know, accommodate them a 16 little bit. They usually start at 9 in the morning. 17 Maybe if we can get our contractor to start late, or 18 maybe earlier. 19 COMMISSIONER BELEW: It's summertime, 20 they're going to start as early as they can possibly get 21 up there. 22 COMMISSIONER LETZ: I mean but see if we 23 could try to accommodate both sides. Gotta work 24 together on this. 25 MRS. STEBBINS: And don't they have a time 102 1 limit that they have to complete the work so that they 2 get paid. I don't know how accommodating we can be 3 because the money is coming from TAC to be paid to them, 4 and there's a time limit that's already been extended 5 for this project, and payment and completion of the 6 services. So while accommodation is -- it's probably 7 optimal. I don't know how accommodating you can be when 8 six of the weeks they're staying you can't do the work. 9 COMMISSIONER LETZ: And I agree with that. 10 And also as a comment when I was in Austin there was 11 some kind of jackhammering going on right behind the 12 boardroom, and they didn't stop them. 13 COMMISSIONER BELEW: Well, the judges run 14 their courtrooms; they don't run the roof. So you go 15 back and tell them that. 16 MR. HASTINGS: Thank you very much. I'll 17 tell them Harley said so. 18 (Laughter.) 19 COMMISSIONER BELEW: They'll love it. 20 COMMISSIONER MOSER: You know that traffic 21 citation you just got? 22 MRS. STEBBINS: They don't deal with traffic 23 citations upstairs, Commissioner Moser. 24 JUDGE POLLARD: It's too bad, so sad. Keep 25 going. 103 1 MR. HASTINGS: If I could just get a get out 2 of jail free card, I'd appreciate that. 3 COMMISSIONER LETZ: Judge, I think we can go 4 ahead and go through our courts orders, or we can do it 5 at the next meeting. 6 JUDGE POLLARD: I can get those after the 7 meeting. Let's go ahead and go into closed session 8 regarding item 1.23. Consider, discuss and take 9 appropriate action regarding real estate acquisition. 10 Is that the only thing we're going to consider in that 11 closed session? 12 COMMISSIONER REEVES: Yeah. 13 JUDGE POLLARD: All right, we're going into 14 closed session. 15 (Executive Session.) 16 JUDGE POLLARD: We're back in open session, 17 and is there any action to be taken. 18 COMMISSIONER REEVES: There is none. 19 JUDGE POLLARD: No action to be taken, 20 there's no further business, we're adjourned. 21 COMMISSIONER LETZ: Wait, wait, Judge, we do 22 have one thing. Can we go back to court orders? 23 COMMISSIONER MOSER: Oh, yeah. 24 COMMISSIONER LETZ: I make a motion that we 25 approve court orders from the June 21st meeting, the 104 1 June 14th meeting, and the June 11th meeting. 2 COMMISSIONER REEVES: Second. 3 JUDGE POLLARD: And you have them in hand. 4 COMMISSIONER LETZ: Yes. 5 JUDGE POLLARD: It's been moved by 6 Commissioner Letz Commissioner Precinct 3, seconded by 7 Commissioner Precinct 4 to approve this Resolution 8 honoring Tina Woods Order No. 36803. 9 COMMISSIONER LETZ: Well, this is the whole 10 stack that's all the Resolutions from those dates, all 11 the court orders. 12 JUDGE POLLARD: A number of Resolutions in 13 that same stack. All right, is there any further 14 discussion? All those in favor of the motion signify by 15 raising their right hand. It's four zero, unanimous. 16 Is there any further business of 17 Commissioners' Court? If not, we're adjourned. Thank 18 you. 19 * * * * * * 20 21 22 23 24 25 105 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 7th day of July, 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