1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, November 26, 2018 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge HARLEY BELEW, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3. 25 DON HARRIS, Commissioner Pct. 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioners' Comments. 5 4 1.1 Consider, discuss and take appropriate 6 action regarding community collaboration 5 for the Martin Luther King Gala on January 19, 2019. 6 1.2 Public hearing to set a 35 mph speed 11 7 limits for all of Wharton Road and Center Point River Road from State Highway 173 8 to Sutherland Lane. 9 1.3 Consider, discuss and take appropriate 11 action to set 35 mph speed limits for all 10 of Wharton Road and Center Point River Road from State Highway 173 to Sutherland Lane. 11 1.4 Public Hearing for revision of plat for 14 12 Oak View Estates Lot 20, to be known as Lemon Estates Lots 20A, 20B, and 20C, 13 Volume 4, Page 85. 14 1.5 Consider, discuss and take appropriate 14 action for the Court to approve a preliminary 15 plat for Hidden Springs Phase 2. 16 1.6 Consider, discuss and take appropriate 16 17 action for the Court to authorize the County Judge to execute utility service 18 agreements with Aqua TX, Southwest Water Corporation, and Kendall County Water 19 Control Improvement District #1. 20 1.7 Consider, discuss and take appropriate 21 action on Resolution recognizing Dr. John 21 Davis and his contribution to the Airport Advisory Board. 22 1.8 Consider, discuss and take appropriate 26 23 action regarding a policy for closing roads that cross streams and rivers 24 because of water on the road surface. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 44 action to approve the contract with JK 4 Bernhard Construction Co., LLC for the construction of metal building for Kerr 5 County Sheriff's physical training facility, and authorize the County Judge 6 to sign same. 7 1.10 Consider, discuss and take appropriate 45 action to post Veteran Services Officer 8 position opening. 9 1.11 Consider, discuss and take appropriate 46 action to solicit resumes or expressions 10 of interest from individuals desiring to be appointed as Kerr County Clerk to fill 11 the vacant position. 12 1.12 Open bids for four(4) pickup trucks and 54 refer to appropriate personnel for review 13 and recommendation, and award bid as appropriate. 14 1.13 Consider, discuss and approve the license 56 15 agreement with Shelter Pro Software to replace the existing Animal Services system, 16 and authorize the County Judge to sign same. 17 1.14 Consider, discuss and approve the license 60 and services agreement with Tyler 18 Technologies, Inc. to replace the existing computer-aided dispatch system, and 19 authorize the County Judge to sign same. 20 1.15 Consider, discuss and approve sale of 66 salvage property via online auction 21 I.A.W. Texas LGC 263.152 and 263.153. 22 1.16 Consider, discuss and take appropriate 69 action to dispose of certain property. 23 1.17 Consider, discuss and take appropriate 70 24 action to approve the contract with Thomson Rueters for the online services (Judges and 25 County Attorney), and allow the County Judge to sign same. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.18 Consider, discuss and take appropriate 73 action to appoint a member of Commissioners' 4 Court, or designate a person to perform investigation under Section 751.005 of the 5 Texas Health and Safety Code for the purpose of determining if the minimum standards for 6 ensuring public safety and order as prescribed by law will be maintained under 7 the application for Permit for Mass Gathering by the Hill Country District 8 Junior Livestock Show. Hearing will be held on December 20, 2018 at 9:15 a.m. 9 1.20 Information regarding inmate medical 76 10 expenses. 11 4.4 Monthly reports. 80 12 4.6 Court Orders. 81 13 5.1 Reports from Commissioners/Liaison 82 Committee Assignments as per attachment. 14 5.4 Update on East Kerr County/Center Point 83 15 Wastewater Project. 16 *** Adjournment. 84 17 *** Reporter's Certificate. 85 18 * * * * * * 19 20 21 22 23 24 25 5 1 JUDGE POLLARD: All right. It's Monday, 2 November 26, 2018. It's 9 a.m. The Kerr County 3 Commissioners' Court is in session. We'll begin today 4 with the prayer and the pledge of allegiance by 5 Commissioner Harris. First time. 6 (Prayer and the Pledge of Allegiance.) 7 JUDGE POLLARD: All right. This is the part 8 of the agenda where someone who wishes to speak on 9 something not on the agenda can come forward, come to 10 the podium, identify yourselves by name and address, and 11 try to limit your comments to three minutes. Is there 12 anyone wishing to speak on something that is not on the 13 agenda, if so, step forward at this time. 14 All right, there being no one we'll now go 15 to comments by the Commissioners and County Judge about 16 current events or whatever. Mr. Belew, how was New 17 Mexico? 18 COMMISSIONER BELEW: It was cold. I got on 19 a sled for the first time in a long time, and it will be 20 the last time for a long time, too. With the grandkids, 21 I had a great time, so it was worth it. 22 JUDGE POLLARD: Anything else? 23 COMMISSIONER BELEW: No, that's all. 24 JUDGE POLLARD: Commissioner Moser. 25 COMMISSIONER MOSER: The only thing I'd say 6 1 is beginning to get dry, looks like it's going to be 2 dry, high winds, lots of dead grass. Haven't heard from 3 the fire chiefs yet, but suspect the burn ban's going to 4 be back on pretty quick. That's all. 5 JUDGE POLLARD: Lots of dead grass. I mean 6 it's bad. It was a good Thanksgiving, great time. Lots 7 of family and ate a lot of turkey and dressing, and I'm 8 pretty through with that for awhile. But all that kind 9 of stuff. Mr. Letz. 10 COMMISSIONER LETZ: Had a great holiday, 11 very relaxing. And Christmas in Comfort was a huge 12 success. The weather cooperated this year. There were 13 probably ten thousand people down there for that. A 14 really good event, and that's all. 15 JUDGE POLLARD: Mr. Harris. 16 COMMISSIONER HARRIS: Had a great holiday 17 with friends and family. Got a little deer hunting in, 18 stuff like that. Fun time. So that's about it. 19 JUDGE POLLARD: Did you get anything? 20 COMMISSIONER HARRIS: I got some meat. 21 COMMISSIONER BELEW: No trophies? 22 COMMISSIONER HARRIS: No. 23 JUDGE POLLARD: All right, let's go to item 24 1.1 on the agenda, and that's consider, discuss and take 25 appropriate action regarding community collaboration for 7 1 the Martin Luther King Gala on January 19, 2019. Laresa 2 Anderson, how are you today? 3 MS. ANDERSON: Good morning, praise the lord 4 everybody. I wanted to talk with you all, and I'm kind 5 of chuckled, because the last time I talked to the 6 Commissioners about the MLK Gala, it was Judge Bill 7 Stacey. 8 COMMISSIONER BELEW: Been awhile. 9 JUDGE POLLARD: That's been awhile. 10 MS. ANDERSON: And that'll tell you my age, 11 right? But it was so -- I want to say this. It was so 12 funny, they were making a decision about Texas 13 Independence Day and MLK Day for the schools, and Judge 14 Stacey, he stood up and you know back then everybody 15 followed the Judge, and he looked at everybody, and he 16 said well, we've got to vote for the Texas Independence 17 Day, if it wasn't for the Texas Independence there 18 wouldn't have been an MLK. And we laughed, some of it 19 was so hilarious back in the day. 20 Anyway, good morning. I wanted to talk to 21 with you all about the first MLK Gala for our City, our 22 County. We wanted to do it in collaboration with the 23 City. We've got the Chamber of Commerce on Board. 24 Wanted to come talk with you all to see how you all may 25 be able to collaborate with us, with the City 8 1 Government, with Dream Team, and some others that we are 2 talking about trying to bring them in to sponsor this 3 gala. And so I don't want to push you to say what we 4 want you to do; we want you to tell us what you can do, 5 and how you would work with us so that we can -- one of 6 the things that Dream Team does is that we build 7 relationships through activities and events in the 8 community, and so therefore, here I am again, amen, 9 doing the same thing I've been doing in Kerrville for 10 years, trying to bring us together, and wanting to do 11 great things for our City and for our County. You know, 12 our area was not even in the City when I first started 13 this. We started in the basement of the Kerr County 14 Courthouse. And so now, we graduated a little bit, and 15 so I'm coming to you all to ask you all if you all would 16 consider collaborating in some type of way, tell us what 17 you can do. We have some ads of course, but we want you 18 to do little bit more. And you know, of course, you 19 can sponsor a table, but most of all, we want you to be 20 there. We want you to be there, and so I guess that's 21 all I've got to say. Anybody have any questions for me? 22 COMMISSIONER MOSER: You you said you didn't 23 want to push us, but -- so that's nice. So what would 24 you recommend in addition to being there? Is there 25 anything specific that you would recommend? 9 1 MS. ANDERSON: Well, it would be good if you 2 all could go ahead and sponsor a table, that would help. 3 And if some of you have individual businesses, y'all 4 could take out some ads. And so we would like most of 5 all just to make it a thing that we are working 6 together, and that our City and County can see we all 7 are working together to bring about good relationships 8 to our community. 9 COMMISSIONER BELEW: Now, Laresa, you want 10 to have it at the AG barn, or the YO, or where is it 11 going to be? 12 MS. ANDERSON: Well, it's been scheduled for 13 the YO. They have assisted in some kind of way. But we 14 would like it to be a collaboration with the City, the 15 County, Chambers, all of us together, and the residents 16 of Kerrville. 17 COMMISSIONER MOSER: The date on it again? 18 MS. ANDERSON: January the 19th at 6:30. 19 JUDGE POLLARD: Maybe a Resolution at that 20 time, Commissioners' Court Resolution of some kind would 21 be appropriate, does that sound all right with you? 22 MS. ANDERSON: Yes, Sir. But you going to 23 be there, Judge? 24 JUDGE POLLARD: Yeah. 25 MS. ANDERSON: Okay. Okay. Because, you 10 1 you know, we want to dance, let's come and dance. Do 2 you dance, Judge? 3 (Laughter.) 4 MS. ANDERSON: Okay. So you all are going 5 to let me know, or do I need to come back to ya, or do I 6 need to go individually to you? 7 COMMISSIONER BELEW: I've got you on my 8 calendar. 9 MS. ANDERSON: You got me, okay. All right. 10 Well, thank you all. 11 COMMISSIONER LETZ: In the backup, is your 12 phone number in there? 13 MS. ANDERSON: Yes. My phone number where I 14 can be reached is on the back here of the pamphlet. Did 15 everybody get one? 16 JUDGE POLLARD: Yeah. 17 COMMISSIONER BELEW: And by the way, there's 18 a lot of good stuff in it, a lot of good stuff. 19 MS. ANDERSON: Well, like I say, with 20 Kerrville, we didn't come from any place else. It was 21 Kerrville that made us and framed us and taught us to be 22 what we are, so we're home to give back. 23 COMMISSIONER MOSER: See that the 24 Judge-Elect is one of your -- 25 MRS. STEBBINS: I just gave him one. 11 1 JUDGE-ELECT KELLY: I got it, I'll be there. 2 MS. ANDERSON: You'll be there? 3 JUDGE POLLARD: I'll bet he dances a lot 4 better than I do, too. 5 MS. ANDERSON: You know the ladies like to 6 dance. Anyway, well thank y'all, and we hope that 7 everything works out. 8 JUDGE POLLARD: Thank you. All right, let's 9 move to item 1.2 on the agenda. It's a public hearing 10 to set a 35 mile per hour speed limit for all of Wharton 11 Road and Center Point River Road from State Highway 173 12 to Sutherland Lane. This is situated in Precinct 2. 13 I declare the public hearing open. Is there 14 anyone wishing to speak at this public hearing on that 15 issue? If so, please step forward to the podium, 16 identify yourself by name and address, and limit your 17 comments to three minutes, please. Is there anyone? 18 Four being no one, I declare the public 19 hearing closed. 20 Go to item 1.3 consider, discuss and take 21 appropriate action to set 35 mile per hour speed limits 22 for all of Wharton Road and Center Point River Road from 23 State Highway 173 to Sutherland Lane, situated in 24 Precinct 2. Mr. Hastings. 25 MR. HASTINGS: Thank you. In October I read 12 1 into the record the details of the engineering study for 2 Center Point River Road, and Wharton, and the logic and 3 reasoning behind 35 miles per hour. We've now had a 4 public hearing, and at this time the County Engineer 5 recommends that the Court set 35 mile per hour speed 6 limits for all of Wharton Road, and for Center Point 7 River Road from State Highway 173 to Sutherland Lane, 8 Precinct 2. 9 COMMISSIONER MOSER: Charlie, could you just 10 do a real quick summary off the top of your head of your 11 engineering data, and why that was the recommendation? 12 MR. HASTINGS: Yes, Sir. I think on both 13 roads there was a straight section somewhere in the 14 middle of the road that would be appropriate for the 15 speeds that are currently set, but it's the ends, the 16 bookends of both sides of both of those roads that have 17 curves, they've got vertical curves, horizontal curves. 18 It's not appropriate to drive those at a higher speed, 19 and it just would be safer to have the entire road set 20 at a lower speed limit. 21 COMMISSIONER MOSER: Okay. And I think you 22 used some type of device going around curves. 23 MR. HASTINGS: The ball bank indicator, yes, 24 Sir. 25 COMMISSIONER MOSER: I move for approval of 13 1 changing the speed limit to 35 miles an hour for all of 2 Wharton Road, and for Center Point River Road from State 3 Highway 173 to Sutherland Lane in Precinct 2. 4 COMMISSIONER LETZ: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Precinct 2, seconded by Commissioner Precinct 3 to set 7 the speed limit at 35 miles per hour for all of Wharton 8 Road, and Center Point River Road from State Highway 173 9 to Sutherland Lane. This is item 1.3 on the agenda. Is 10 there any further discussion or comment? 11 SHERIFF HIERHOLZER: I got a question, 12 Judge. Is there going to be any markers on there for 13 awhile before it takes effect, or is it going to take 14 effect immediately? 15 MR. HASTINGS: It will take effect the 16 moment that we put the signs up, which will either be 17 later today or tomorrow. And they'll put the flagging 18 on there to let people know that it's new. 19 SHERIFF HIERHOLZER: We'll just give a grace 20 period of time on the warning. 21 COMMISSIONER BELEW: So flags on the speed 22 limit signs? Orange flags hanging -- 23 MR. HASTINGS: Yes, Sir. Should be some 24 orange flags on it for a time to let people know there's 25 a change. 14 1 JUDGE POLLARD: Okay. All right, we move on 2 to item 1.4 on the agenda. 3 COMMISSIONER BELEW: We didn't vote on that, 4 did we? 5 JUDGE POLLARD: Oh, we didn't vote on it. 6 All right, those in favor of the motion signify by 7 raising their right hand. It's four zero. One 8 abstention, myself. 9 All right, let's go to 1.4 public hearing 10 for revision of plat for Oakview Estates Lot 20, to be 11 known as Lemon Estates Lots 20A, 20B, and 20C of record 12 in in Volume 4, Page 85 of the Official Plat Records of 13 Kerr County, Texas. Mr. Hastings. Public comment? All 14 right, I declare the public hearing open. Anyone 15 wishing to speak on this issue step forward and identify 16 yourself by name and address. Is there anyone? 17 There being no one, I declare the public 18 hearing closed. Let's go to item 1.5 consider, discuss 19 and take appropriate action for the Court to approve a 20 preliminary plat for Hidden Springs Phase 2. Mr. 21 Hastings. 22 MR. HASTINGS: Thank you. This preliminary 23 plat that you have before you is a replacement for a 24 preliminary plat that was previously approved last year, 25 October 23rd, 2017. A preliminary plat is good for one 15 1 year. They can ask for an extension; however, this is 2 for Phase 2 of Hidden Springs, and they've made some 3 changes, and the changes are significant in that the 4 roads have been realigned, and the lots have been 5 changed to come off of those roads. Lot 56 includes a 6 small area within the floodplain and must meet 7 requirements for development in the floodplain. Access 8 to the subdivision will be off of US 87 in Kendall 9 County, and the concept plan was approved on September 10 11th, 2017 by court order 36318. 11 And the County Engineer requests that the 12 Court approve the preliminary plat for Hidden Springs 13 Phase 2 of Precinct 3, and it does meet all of our 14 requirements. 15 COMMISSIONER LETZ: I have visited with the 16 Developer this morning. As Charlie stated they changed 17 it quite a bit, and I recommend it, and Charlie 18 recommended that we do a new preliminary plat. And I 19 make a motion to approve the plat as submitted. 20 COMMISSIONER MOSER: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Precinct 3, seconded by Commissioner Precinct 2 to 23 approve a preliminary plat for Hidden Springs as set 24 forth in the agenda package. This is for item 1.5 of 25 the agenda. Is there any further comment or discussion? 16 1 COMMISSIONER LETZ: A comment. Prior to the 2 final plat on the -- we need to get a letter from 3 Headwaters regarding the well. I think our Rules state 4 that they have to either edict some language in there, 5 but there's also language that Headwaters may approve to 6 an easement to that well as well as having an easement 7 location, instead of just a memo that they approve the 8 easement as -- 9 MR. HASTINGS: Yes, Sir. 10 COMMISSIONER LETZ: On the final plat. 11 JUDGE POLLARD: All right, those in favor of 12 the motion signify by raising your right hand. It's 13 four zero, unanimous. One abstention, myself. 14 Item 1.6 consider, discuss and take 15 appropriate action for the Court to authorize the County 16 Judge to execute utility service agreements with Aqua 17 TX, Southwest Water Corporation, and Kendall County 18 Water Control Improvement District #1. Mr. Hastings. 19 MR. HASTINGS: Thank you. There's two 20 agreements that you have before you. One is with Aqua 21 TX, and the other is with Southwest Water Corporation, 22 and both agreements are between three parties, the 23 County, the water provider, and the Kendall County Water 24 Control Improvement District #1 who's going to operate 25 the waste water system that's being built as part of the 17 1 East Kerr County/Center Point Wastewater Project. These 2 agreements have been worked on and looked at by the 3 County Attorney. They have been looked at by attorneys 4 from Aqua TX and from Southwest Water Corporation as 5 well as Kendall County Water Control Improvement 6 District #1. 7 These are a long time coming. These are 8 modelled after agreements with that the County has 9 entered into before with the Kerrville South water 10 system. Basically it gives the Kendall County Water 11 Control Improvement District a way to collect funds or 12 to control a wastewater service if someone is delinquent 13 in paying their bills. 14 COMMISSIONER LETZ: These agreements are 15 needed, and pretty much it's a -- will be the primary 16 way to make sure people pay their sewer bills. We're 17 very happy that both Southwest Water System and Aqua TX 18 agreed to do this. They had no obligation to do it, but 19 they see the benefit of the project and agreed to enter 20 into these agreements between us and WCID. 21 COMMISSIONER BELEW: So they're going to do 22 the billing? 23 COMMISSIONER LETZ: Kendall County WCID will 24 do the billing. And the way it works essentially WCID 25 advises Aqua TX that house X hasn't paid their water 18 1 bill -- or their sewer bill, and they'll cut off their 2 water. 3 COMMISSIONER BELEW: But if they're doing 4 the billing they'll know that, won't they? How does 5 that work? 6 COMMISSIONER LETZ: It's very difficult to 7 cut off sewer service. One is to provide sewer, and one 8 is to provide water. They're working together that if 9 they don't pay the sewer the water company will cut off 10 the water. 11 COMMISSIONER MOSER: We can shut off the 12 sewer, but that's not the best way to do it. 13 COMMISSIONER BELEW: And we did finally 14 decide a monthly fee, have we ever done that? 15 COMMISSIONER LETZ: Yeah. 16 COMMISSIONER BELEW: That was $25.00? 17 COMMISSIONER LETZ: Well, debt service 18 portion. 19 COMMISSIONER MOSER: It's like 55 dollars. 20 50, 55 dollars. 21 COMMISSIONER LETZ: Well, the way to ensure 22 that the WCID can collect the money which is then -- pay 23 part of it back to us. 24 COMMISSIONER MOSER: And that's what the 25 City does, so same process as City. And I think as 19 1 Commissioner Letz says it's the primary way, first way 2 to get people to pay their sewage treatment bill, and if 3 they don't then we -- and some people don't have water 4 service, so -- 5 COMMISSIONER BELEW: Do we have the details 6 of notices and so on? 7 COMMISSIONER LETZ: It's all being handled 8 by WCID. 9 COMMISSIONER BELEW: We don't know what 10 they're going to do. 11 COMMISSIONER LETZ: We have an Interlocal 12 Agreement with them to tell them us how the whole thing 13 operates, several years ago. 14 COMMISSIONER BELEW: So how many days notice 15 does someone get? 16 COMMISSIONER LETZ: All of that is standard 17 operating for the WCID. 18 MRS. STEBBINS: And for the water companies, 19 the water providers. 20 COMMISSIONER LETZ: WCID already does this 21 for their -- everyone that's in that, you know, the WCID 22 boundary. They're expanding their same operating, you 23 know, guidelines into this area. 24 MRS. STEBBINS: The water providers also do 25 the same thing as their standard operations. 20 1 COMMISSIONER BELEW: Okay. 2 COMMISSIONER LETZ: Make a motion that we 3 approve the contract and as presented. 4 COMMISSIONER MOSER: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Precinct 3, seconded by Commissioner Precinct 2. This 7 is item 1.6 of the agenda to authorize County Judge to 8 execute utility service agreements with Aqua TX, 9 Southwest Water Corporation, and Kendall County Water 10 Control Improvement District #1. All of these are 11 situated in Precincts 2 and 3. Any further comment or 12 discussion? There being none, those in favor of the 13 motion signify by raising your right hands. It's four 14 zero. One abstention, myself. 15 COMMISSIONER LETZ: I think -- a comment. I 16 think that we probably -- Jody should after the first of 17 the year to -- one of Judge Pollard's favorite things, a 18 workshop, to bring three members of the Court a lot more 19 up to speed on this agreement, because it's pretty 20 complicated. It's been in the works for a long time. 21 So that everyone fully understands -- 22 COMMISSIONER HARRIS: That would be good. 23 COMMISSIONER LETZ: -- how it works and 24 where the money came from, and how much it cost and the 25 whole thing, because you know Commissioner Moser and I 21 1 take it all for granted because we deal with it almost 2 daily -- or daily. 3 COMMISSIONER MOSER: Multiple times 4 everyday. 5 COMMISSIONER BELEW: It kind of rolled out 6 piecemeal in Court proceedings. 7 COMMISSIONER LETZ: So yeah, I think it 8 would be good to have just an overall so that 9 everyone -- 10 JUDGE POLLARD: I have it on good authority 11 that Judge Kelly really likes workshops. And load him 12 down with them. 13 COMMISSIONER LETZ: Early February probably 14 will be a good time. 15 JUDGE POLLARD: All right, next item is 1.7 16 consider, discuss and take appropriate action on 17 Resolution recognizing Dr. John Davis and his 18 contribution to the Airport Advisory Board. 19 Commissioner Moser. 20 COMMISSIONER MOSER: Thank you. Thank you, 21 Judge. I want to take this opportunity to read a 22 Resolution that's been prepared, and make a motion to 23 get it approved. But a little bit of background about 24 Dr. Davis here in the audience with his wife. He was 25 very instrumental in establishing the airport to what it 22 1 is today and with the success that it was. But he dealt 2 with it in a time when Commissioner Letz was there as 3 Liaison when it was pure chaos between the City and 4 County, because they both thought they were hoping to 5 manage it. So Dr. Davis and the Airport Advisory Board 6 was trying to walk the narrow line, and they did it, and 7 they did it very very successfully. 8 So as far as today, we all know what it is. 9 Outstanding Airport in the State, revenue neutral. Back 10 then it was probably four or five hundred thousand 11 dollars City-County were contributing each -- well at 12 that time it was total about four hundred thousand -- I 13 think it was highest was six hundred thousand, so it was 14 probably three hundred thousand dollars a year each. 15 So let me read this Resolution, if I may. 16 Recognition of Dr. John Davis's service on the 17 Kerrville-Kerr County Joint Airport Board and Kerr 18 County. 19 WHEREAS, Dr. John Davis began his aviation 20 career in 1967 when he earned his private license. He 21 started his lessons one week after graduating from high 22 school. You can do the math and figure out how old he 23 is now. 24 WHEREAS, he is a family medicine specialist 25 in Kerrville, Texas and has been practicing for 44 23 1 years. He graduated from University of Texas 2 Southwestern Medical Center at Dallas in 1974 and 3 specializes in family medicine. He has assisted many of 4 of the pilots in Kerrville with their flight physicals. 5 WHEREAS, Dr. John Davis served on the 6 Kerrville-Kerr County Joint Airport Board from 1987 to 7 2007, 20 years. He was appointed to the Board by both 8 the City of Kerrville and Kerr County, and served as the 9 Chairman for the last five years. 10 WHEREAS, it was under his leadership the 11 existing Kerrville-Kerr County Terminal Building was 12 built and opened in March, 2007, which is one of the 13 better general aviation airport facilities probably in 14 the nation. 15 WHEREAS, in 2000 he was flying into Reagan 16 National Airport and was directed to follow the Potomac 17 approach which allowed him to fly down the Potomac River 18 seeing the White House, Washington Memorial and the 19 United States Capital Building on the east side of the 20 river and the Pentagon on the other. So a little bit of 21 inspiration there. 22 WHEREAS, on October 12, 2018, this was 23 recent obviously, he was presented the Wright Brothers 24 Master Pilot Award that recognizes pilots to have 25 demonstrated professionalism, skill in aviation 24 1 expertise by maintaining safe operations for fifty or 2 more years. 3 THEREFORE, Kerr County Commissioners' Court 4 does hereby thank and recognize Dr. John Davis for his 5 dedication, leadership, management expertise, and 6 valuable assistance in making the Kerrville-Kerr County 7 Airport one of the best general aviation airports in 8 Texas, and a valuable and important asset to Kerr 9 County. 10 Adopted 26th day of November, 2018. And 11 it's been signed by all the Commissioners. So, 12 Jonathan, come with me, let's present it. 13 COMMISSIONER BELEW: We can't give you a 14 nice frame to put it in, it would be considered a 15 gratuity. 16 (Photographs taken.) 17 DR. DAVIS: Judge, commissioners, thank you. 18 I've now been a private pilot for 51 years, and 41 years 19 of that I've been flying over Kerr County, and I 20 couldn't think of a prettier better place to fly. I 21 have been able to walk away from every landing so far, 22 and some of you understand about that. 23 And I agree with Tom that our airport and 24 our terminal is second to none in the state, and 25 probably in the nation. Thank you, gentlemen, for this 25 1 honor and for letting me have a small part of this. 2 Thank you. 3 COMMISSIONER LETZ: I want to make a 4 comment. It was in the Resolution, but unless you were 5 there during the early two thousdans, it's hard to 6 imagine the unbelievable job he did as a Chairman of the 7 Committee, on the Advisory Committee. There were very 8 short fuses on both sides, and the City and the County, 9 and it was a very difficult period, and he managed to 10 keep us civil, and did a phenomenal job, and taught me a 11 great deal about the airport. I knew nothing about the 12 airport until I got involved in the Advisory Board and 13 thank you very much for all you did. 14 DR. DAVIS: Thank you, Jonathan. 15 COMMISSIONER MOSER: So I make a motion that 16 we approve that Resolution. 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Precinct 2, seconded by Commissioner Precinct 3 to 20 approve the Resolution to Dr. John Davis for his 21 contribution to the Airport Advisory Board. This is 22 item 1.7 of the agenda. Is there any further comment or 23 discussion? 24 COMMISSIONER BELEW: Well, John told me when 25 I came in that he didn't have any opinion on anything 26 1 one way or the other. He wasn't here to -- but you do 2 have an opinion that this is the prettiest place to fly 3 over, in Kerr County? 4 DR. DAVIS: I do. 5 COMMISSIONER BELEW: I apprecite that. 6 DR. DAVIS: And it's a great airport and 7 terminal, too. 8 JUDGE POLLARD: All right, those in favor of 9 the motion signify by raising their right hand. It's 10 five zero, unanimous. Dr. Davis, thank you very much. 11 DR. DAVIS: Thank you. 12 JUDGE POLLARD: All right, item 1.8 13 consider, discuss and take appropriate action regarding 14 a policy for closing roads that cross streams and rivers 15 because of water on the road surface. Commissioner 16 Moser. 17 COMMISSIONER MOSER: Thank you, Judge. We 18 have been very fortunate in having as Dr. Davis says 19 such a beautiful place, but a lot of our roads cross 20 streams, and it became very obvious recently that we do 21 not have a criteria or guidelines, as Commissioner Letz 22 suggested instead of criteria, guidelines for when roads 23 should be open or closed. It's pretty much arbitrary 24 right now on different people making that decision so in 25 different parts of the County, so it seems like that it 27 1 would be good to have guidelines by with which crossings 2 are opened or closed based on water depth, or water 3 velocity across the road. That's the -- the combination 4 of those two things are what keep vehicles off the 5 roadway and down, and that's the reason people drown. 6 So with that, I suggest -- and also, the State has a 7 criteria that -- or guidelines, let me put it that way. 8 Or guidelines, when there's six inches of water or more 9 over the roadway that it's closed, and that's just the 10 guideline in there's. And there's decisions made by 11 local individuals on whether or not to do that. 12 So with that, I also looked at -- talked to 13 one of the Commissioners in Kendall County, he's a 14 Professional Engineer, he said they used a criteria of 15 depth of water and velocity across the road, which is 16 what a lot of organizations do, and part of the backup I 17 show some criteria guidelines that are used by some 18 people depending on the type of vehicle, a combination 19 of water velocity loss and water depth to determine 20 whether or not it's safe to cross. 21 So with that, I recommend that the County 22 Engineer establish a guideline based on a combination of 23 water and velocity at crossings in Kerr County where the 24 water crosses the road when there's a flooding event, so 25 we can have some guidelines on this. 28 1 The other thing that prompted this to come 2 to attention was at Brinks Crossing, it was closed for a 3 long time, appropriate so, so I went out with the County 4 Engineer and head of Road and Bridge, and some of the 5 staff there and we looked at it and it was -- water was 6 beginning to come down, but it was still really unsafe, 7 very obviously unsafe. It decreased very rapidly after 8 that. So it was a balance between of convenience, and 9 that's what this whole issue is. We can close all the 10 roads as long as they have any water on them and that's 11 the safest thing in the world to do, but it's very 12 inconvenient to a lot of folks. And a lot of the public 13 that's their only way out sometimes is to go across the 14 low water crossing. 15 So with that, I make a motion that we ask 16 the County Engineer to study this from an engineering 17 perspective and determine the -- or come back to the 18 Court with recommended guidelines on establishing for 19 each one of the crossings in Kerr County, what the water 20 depth and velocity should be. And in some cases all it 21 has to be is water depth, because if the depth is 22 measured the velocity is known. 23 So I know Charlie's doing that right now, 24 and at Crossing Street in Center Point he is measuring 25 water depth and velocity to get some data by with which 29 1 to determine safety, so that's my motion. And that's 2 it. 3 COMMISSIONER HARRIS: Second. 4 JUDGE POLLARD: Been moved by Commissioner 5 Precinct 2, seconded by Commissioner Precinct 4 to ask 6 the County Engineer to make a study and recommendations 7 to the Court about the policy -- establishing a policy 8 for closing roads across streams and rivers because of 9 water on the road surface. This is item 1.8 of the 10 agenda. Is there any further comment or discussion? 11 COMMISSIONER LETZ: Comment. What you 12 stated is a lot different than what Commissioner Moser 13 said. 14 JUDGE POLLARD: I'm tracking -- 15 COMMISSIONER LETZ: I'm saying because 16 Commissioner Moser's motion has talked about velocity 17 and depth at every crossing in the County. You made a 18 very general restating of the motion. I can go with 19 what you said, but I can't go with what Commissioner 20 Moser actually said. So I just need to know what very 21 specifically is in this motion, because I think it is -- 22 I look at general guidelines, I'm in favor of, but to do 23 it for every crossing in the County is ridiculous, in my 24 mind. 25 COMMISSIONER BELEW: Can you give me an 30 1 example why? 2 COMMISSIONER LETZ: Because Lane Valley 3 alone there's four right there. Who's going to go 4 out -- I think the County Engineer has a lot better 5 things to do. I have no idea how many low water 6 crossings there are in Precinct 4. I bet there's 7 hundreds. 8 COMMISSIONER BELEW: We also don't know when 9 it's going to rain enough to do this again. 10 COMMISSIONER LETZ: Well, I know, but I 11 don't think it's wise for the County Engineer to go to 12 every crossing and calculate the velocity and depth of 13 water that's going to make it a dangerous crossing. 14 COMMISSIONER MOSER: Well, he may come back 15 and say I don't need to have a criteria because water 16 doesn't flow. 17 COMMISSIONER LETZ: But it does flow when 18 you have a flood. 19 COMMISSIONER MOSER: The thing that prompted 20 this was when we were down looking at Brinks Crossing to 21 determine what was the acceptable depth and flow, and 22 part of the discussion was well, when it's dry. That's 23 not a good criteria, okay? And so I said well if that's 24 the criteria then is that true for all crossings in the 25 entire County, and so that's what brought the question 31 1 up. Maybe there's not -- maybe it's not needed to have 2 the County Engineer look at every crossing in this, but 3 I think there needs to be some -- at some of the 4 crossings; maybe not all of them, and I think the County 5 Engineer can come back with that and say I don't need to 6 do that at Crossing X because the water doesn't flow. 7 Maybe the thing is the criteria is the same in some of 8 those as to what the State has, six inches or less. 9 COMMISSIONER HARRIS: Charlie, you want to 10 give us your two cents on this? 11 MR. HASTINGS: Well, we spent some time 12 looking at some crossings last week, and we were 13 sticking to the ones on the river; we didn't look at any 14 on any creek. And typically a creek -- the level in a 15 creek is going to go down fast. It goes up fast, it 16 goes down fast. It's the river that can just keep going 17 and going. But we have got -- every crossing's unique, 18 some of them have curbs, some of them don't. Some of 19 them are in the bottom of the river. It's actually the 20 river bed, it just has concrete, concrete path that -- 21 to your left is gravel, to your right is gravel. If you 22 go off of that there is no curb there, but there's no 23 culvert either. So it's wet year round unless we're in 24 a very very significant drought. But even in a 25 significant drought, I think there was still a trickle 32 1 and algae forming, and what not. So each one's just so 2 unique it's difficult to do that. I like what the 3 State's doing with six inches or less. If it's less 4 than six inches they tend to open their crossings, and 5 they have "Water Over Road" signs. When we opened up 6 Center Point River Road, we put out signs "Water Over 7 Road", because there was still water going over the 8 road, it was a few inches deep. But I would suggest if 9 we're going to do this at least narrow it down to just 10 the Guadalupe River maybe, and the crossings we have 11 over the Guadalupe River. 12 COMMISSIONER LETZ: That's a lot more 13 reasonable to me, I think from a time standpoint. I 14 think also -- I mean it's -- and the other criteria is 15 you have to look at if there's curbs or no curb on the 16 roads. And the road at Brinks Crossing, it's the -- I 17 don't know, a hundred feet across where you can have 18 water. 19 MR. HASTINGS: It's 150. 20 COMMISSIONER LETZ: And six inches on that 21 road is probably too much. But there's a lot of others 22 that, you know, six inches isn't too much. 23 COMMISSIONER MOSER: Well, that's the reason 24 for asking the County Engineer to take a look at that. 25 I agree with you, six inches on Brinks Crossing, even 33 1 though I play Engineer and I calculated on my little 2 sports car, six inches you would be safe to do it with 3 one and a quarter feet per second flow, but I wouldn't 4 do it, okay? I think that's -- especially since you 5 can't see the edge of the road, so I agree. So that's 6 the reason for trying to get some reasonable, okay, 7 guidelines. But the guidelines would be part of the 8 policy, so I didn't say the policy in the motion, but 9 that's what it should be. 10 JUDGE POLLARD: Let's address the procedural 11 part of it then. My summary of it, is acceptable to you 12 as a summary of the motion, or -- 13 COMMISSIONER MOSER: Yes, it is. Yes, it 14 is. 15 JUDGE POLLARD: -- do you want some 16 amendment to it? 17 COMMISSIONER MOSER: No. Your citation of 18 that is correct. 19 COMMISSIONER BELEW: So we're going to start 20 small. 21 JUDGE POLLARD: You agree with that? 22 COMMISSIONER HARRIS: Yeah. 23 JUDGE POLLARD: Any further -- the Sheriff's 24 been popping up and down back there. I'd like to hear 25 what he's got to say. 34 1 SHERIFF HIERHOLZER: Well, I think you have 2 to have a lot more criteria than just that, okay. You 3 take Brinks Crossing for instance, you cannot see the 4 edge of the road, or could not for a long time even 5 after it was open, you could not see the edge of the 6 road to the river, okay, and the guy that drove off in 7 an RV, that was his big complaint, he couldn't see the 8 edge of the road. And that's even during the daytime. 9 Now, you take it at nighttime, you definitely can't see 10 it. I drove it, and it's in a curve, so six inches of 11 water on Brinks Crossing at that time to me was 12 dangerous to open it because you couldn't see where the 13 edge of the road was. And you did have drop offs in the 14 culvert. You take one out west where that crossing is 15 under water pretty well 90 percent of the time, or 95 16 percent of the time, and has a lot of algae growth on 17 that, and moss growth. You put six inches of water on 18 that crossing you're going to wash off because there's 19 no traction, okay? 20 There's just so many -- I don't -- I'd hate 21 to see it just on velocity and that. Now I agree there 22 needs to be a criteria, because the worst thing law 23 enforcement faces is when the signs are left up too long 24 and people start ignoring them, and for somebody that -- 25 I cross a crossing every single day coming to and going 35 1 home from work, and what's really strange about it is 2 the crossing itself is City of Kerrville, but the other 3 side of the crossing is County, okay? So you have the 4 City owns one side of the crossing, the County owns the 5 other side of the crossing. And just this last flood 6 City left their road closed signs up two weeks after 7 County opened their side, so if you came from the County 8 side it was open, and if you came from the City side it 9 was closed, but it's the same crossing, okay? 10 Brinks, I think does need some type of 11 curbing or markers along the edge of that road. Somehow 12 we need to mark that so you can see where that road is 13 at night, okay, because now with an RV Park right there 14 close, people from out of town that don't know that road 15 are going to have an issue. Some of these crossings 16 like the one I'm talking about out west is pretty well 17 in a side deal, its off the end of the Cade Loop on that 18 where it's normally just residents that drive it so 99 19 percent, you know, out of a hundred are going to be 20 people that know that crossing. But I think gotta look 21 at more than just flow and depth of water. It may be 22 what happened at the crossing underneath. You know, I 23 know the highway department uses six inches, but Wagon 24 Wheel, I think it's open now, okay, but for quite awhile 25 Wagon Wheel Crossing had to stay closed, not because it 36 1 had six inches of water, it didn't. It was because the 2 condition of the roadway, plus there was an old cable 3 that had come loose from a deal that had stretched along 4 underneath the water. There's a lot of other conditions 5 that need to go into it. I know you're saying 6 guidelines, but -- and vehicles. 7 COMMISSIONER MOSER: Well, that's the 8 reason, Sheriff, look at the crossings because you're 9 exactly right, Charlie's right that there are no 10 markings on the side of Brinks, and that could be 11 recognized as a deterrent in having very high water on 12 that; whereas, if guidelines -- if posts are put up, or 13 some sort of marker showing, then the County Engineer 14 might want to change his criteria, okay, from a few 15 inches to something more if you can see the edge of the 16 road. That's the only reason I said I think that's an 17 engineering explanation. 18 SHERIFF HIERHOLZER: The only thing I would 19 caution about it if you start laying down criteria and 20 you don't follow that to the "T" then everybody's going 21 to complain and raise heck with you because you didn't. 22 And there's a lot of other reasons and factors that have 23 to go into it to make it safe than just depth and 24 velocity. 25 COMMISSIONER MOSER: Well, it's moving it in 37 1 from a position of an arbitrary decision even though 2 it's an arbitrary decision made by people with a lot of 3 experience, okay. There are a lot of people that live 4 there that think that that they've been crossing for a 5 long time and has been closed too long now. All of a 6 sudden you got two different opinions, so you got people 7 that are looking at convenience and safety, and other 8 people looking at different things, so therefore, the 9 right way to do this is to at least have guidelines. 10 SHERIFF HIERHOLZER: Well convenience, I 11 think, has to be put on the back burner. Safety has to 12 be priority for the whole thing, and the way it's been 13 done for the all the years I've been here, at least 40, 14 is a combination between the Sheriff's Office, or your 15 law enforcement staff, and with the Road and Bridge 16 staff. And the biggest factor we have in that that I 17 think that does need to be addressed is how long we 18 leave them up. 19 And not on that, but I mean we do need to 20 get them open as soon as possible, but if it can't be 21 opened safely then it shouldn't be opened. 22 COMMISSIONER MOSER: Let me take one issue 23 with something you said. Put convenience on the back 24 burner. That's not the right way to say it; the right 25 way to say it is to have a balance of convenience and 38 1 safety. You gotta always be safe okay, but you have to 2 take, you know, convenience is also a factor, and that's 3 the kind of thing that the County Engineer can 4 determine, what's the right balance for convenience and 5 safety is. 6 SHERIFF HIERHOLZER: I won't get into that 7 squabble with you over the difference between 8 convenience and safety, but I will tell you safety has 9 to come priority, period. 10 COMMISSIONER MOSER: It has to be safe, 11 okay? But you can also make it so safe that it's 12 totally inconvenient, period. 13 COMMISSIONER LETZ: To me, I think, the 14 guideline's are pretty simple. Put it up -- the Sheriff 15 almost said it, it's the way it's been done for years 16 and think it's worked. Leave it up to the County 17 Engineer, the County Road and Bridge Administrator, and 18 the Sheriff to determine if a road is open or closed. 19 Because every crossing is unique, and trying to come up 20 with a criteria for every crossing makes no sense to me. 21 And I think that you have a policy with them because 22 everyone we have been talking about the County Engineer 23 and safety and all that, well, the Road and Bridge crews 24 know more about the structure of those roads than 25 anybody else, including the County Engineer, so they 39 1 need to be in the decision-making process. 2 COMMISSIONER MOSER: Okay, and it was that 3 group that said Brinks Crossing had to be dry before it 4 could be opened. 5 COMMISSIONER LETZ: I don't think it was the 6 Sheriff on that, I don't think that's accurate. 7 COMMISSIONER MOSER: Well, let me tell you 8 what, I was there, it was accurate. So therefore, let 9 me change my motion, okay? Change the motion to 10 establish -- have the County Engineer establish a policy 11 which includes guidelines on water across roads crossing 12 rivers, okay; not streams, crossing rivers, to bring 13 back that recommended policy and guidelines to 14 Commissioners' Court. That's my motion. 15 JUDGE POLLARD: You're moving to modify the 16 motion. 17 COMMISSIONER MOSER: Move to modify the 18 motion. 19 JUDGE POLLARD: Does the second agree to 20 that modification? 21 COMMISSIONER HARRIS: Tom, can you state it 22 one more time? 23 COMMISSIONER MOSER: Yes. 24 COMMISSIONER LETZ: The whole motion. 25 COMMISSIONER MOSER: I'll make a motion that 40 1 the County Engineer establish guidelines reflecting in a 2 policy that he will bring back to Commissioners' Court 3 addressing the water across the roads on all crossings 4 on the Guadalupe River that are in the County -- in Kerr 5 County. 6 COMMISSIONER HARRIS: And he could group 7 them, I would say, that six inches for example -- six 8 inches is good for 50 of them. 9 COMMISSIONER MOSER: That's his 10 determination. 11 COMMISSIONER HARRIS: I'll second that. 12 JUDGE POLLARD: All right, so it's been 13 moved and seconded that the motion be modified as stated 14 and dictated into the record by Commissioner Moser and 15 the second agreed to it. All right, is there any 16 further comment or discussion about the motion? 17 I do have a comment. I agree with 18 Commissioner Letz that the Sheriff's been making that 19 decision, and I think talking about it and doing it, you 20 gotta have three people to get in, and Road and Bridge, 21 and the County Engineer, and the Sheriff, you're going 22 to be slow reacting to something, people may be out of 23 pocket. I think the final authority, he can talk to the 24 Engineer, and Road and Bridge and they can all 25 collaborate about generally what he thinks about it, but 41 1 the final authority needs to be the Sheriff. 2 COMMISSIONER HARRIS: I agree. I want to 3 hear what Charlie will come back with though. 4 JUDGE POLLARD: One guy quickly that can 5 make the decision that's got people on the ground 6 throughout the County and has knowledge of what the 7 roads are and the crossings are. That's what it oughta 8 be. And it can't be that formal. I don't think you can 9 establish something. It's different, each one of them 10 is different, so you just gotta leave it up to the 11 Sheriff. You can establish a policy with the Sheriff 12 has the authority to determine that after whatever he 13 thinks is -- consultation is necessary, I think oughta 14 be done. 15 COMMISSIONER MOSER: Well, I couldn't agree 16 with you, because when the next Sheriff comes along 17 might not have any experience in that area, okay, and 18 could be such that if the Sheriff said it's going to 19 keep it closed until it's dry, well you know it's safe 20 at that time. That's ridiculous. 21 SHERIFF HIERHOLZER: Wait a minute, 22 Commissioner -- 23 COMMISSIONER MOSER: Let me finish. 24 SHERIFF HIERHOLZER: -- I've never said 25 that. 42 1 COMMISSIONER MOSER: Wait a minute. I 2 didn't say you said it; that was what was said when we 3 looked at Brinks Crossing, you weren't there. 4 SHERIFF HIERHOLZER: That's right. I went 5 there later and gave my opinion. It had nothing to do 6 with it being dry. 7 COMMISSIONER MOSER: Okay. So therefore 8 that's what prompted, we need something other than just 9 an arbitrary opinion, okay, even though it may be based 10 on years of experience, or it may not be. But this 11 Court -- we've got -- we got a lot of residents that 12 cross crossings all the time. They need to have some 13 knowledge -- it's easier to tell somebody we're going to 14 keep Brinks Crossing closed, okay, until it reaches a 15 certain depth, and they're satisfied. I don't know how 16 many calls I got during this last period by people 17 saying I've lived here 30 years and we have never seen 18 it closed like this, okay? So, you know, they were 19 worried about -- one 86 year old lady says, you know, I 20 go to Center Point everyday to get my mail and I have to 21 drive 25 miles further everyday to go get my mail, and 22 she says -- 23 JUDGE POLLARD: They're still alive, aren't 24 they? 25 COMMISSIONER MOSER: Yes, they are. Yes, 43 1 they are. So therefore -- 2 (Laughter.) 3 COMMISSIONER MOSER: Have you ever heard of 4 the term of "the ship in the harbor is safe"? It never 5 goes anywhere either, okay? But it's by God safe, okay? 6 So therefore, all I'm asking is the motion that I made, 7 and that's my motion, okay, and it's been seconded. 8 JUDGE POLLARD: All right. Sheriff, you 9 have one last shot. 10 SHERIFF HIERHOLZER: I still think it needs 11 to be left to the three; not just one, but to the three 12 because any time flooding and high water all three of 13 those are going to be available. And Road and Bridge, 14 and the Sheriff, and your local law enforcement, whoever 15 it is. They need to be the ones that make that 16 decision. They can make it sooner, and safely. 17 COMMISSIONER MOSER: I'm not saying what the 18 policy is; I'm saying that the County Engineer come back 19 with a policy. 20 COMMISSIONER BELEW: A recommendation for a 21 policy. 22 COMMISSIONER MOSER: A policy with a 23 recommendation on water -- 24 COMMISSIONER HARRIS: We'd have to approve 25 it then. 44 1 COMMISSIONER MOSER: Right, precisely. 2 JUDGE POLLARD: All right, those in favor of 3 the motion raise your right hands. Those opposed like 4 sign. It's three opposed, the motion fails. 5 COMMISSIONER MOSER: Okay. 6 JUDGE POLLARD: Let's go on to item 1.9 7 consider, discuss and take appropriate action to approve 8 the contract with JK Bernhard Construction Co., LLC for 9 the construction of metal building for Kerr County 10 Sheriff's physical training facility, and authorize the 11 County Judge to sign same. Sheriff. 12 SHERIFF HIERHOLZER: This item has kind of 13 been done, but wasn't officially done, so I really 14 wanted it back on the agenda. There was a deal awarding 15 the bid that this Court did award the bid to Bernhard's 16 to do it, that was Court Order #37028, but the actual 17 contract and how it's going to get done and all that was 18 not, in my opinion, awarded at that time. We got a 19 contract from Bernhard stating it, I gave it to -- we 20 sent it to the Architect, and we sent it to the County 21 Attorney, and nothing has changed since the bid was 22 awarded, not the price or anything else. It's just the 23 official contract. 24 COMMISSIONER LETZ: Move for approval of the 25 contract with JK Bernhard Construction for the 45 1 construction of a metal building for Kerr County 2 Sheriff's physical training facility and -- 3 COMMISSIONER BELEW: Second. 4 COMMISSIONER LETZ: -- authorize the County 5 Judge to sign same. 6 JUDGE POLLARD: Item 1.9 of the agenda, 7 there was a motion made by Commissioner Precinct 3, 8 seconded by Commissioner Precinct 1 to approve the 9 contract with JK Bernhard Construction Co., LLC for 10 construction of a metal building for Kerr County 11 Sheriff's office physical training facility, and 12 authorize the County Judge to sign same. Is there any 13 further comment or discussion? There being none, those 14 in favor of the motion signify by raising your right 15 hands. It's 3-0-1. One abstention, myself. It passes. 16 Item 1.10 consider, discuss and take 17 appropriate action to post Veterans Services Officer 18 position opening. Commissioner Moser. 19 COMMISSIONER MOSER: Thank you. The person 20 that served, Maggie Baker, as the County Veterans 21 Service Officer resigned, so that we have a vacancy 22 there, so I make a motion that we post that position and 23 that that posting be identified as applicants would be 24 received for two weeks after the posting is established, 25 and the posting be done as quickly as possible. 46 1 COMMISSIONER BELEW: I have a question, Tom. 2 What's the -- do we have -- and you've been looking into 3 all this. Is there a stated job description from the 4 County? 5 COMMISSIONER MOSER: Yes. And we may modify 6 it, but right now we can post it with that. So the 7 advisory committee, for instance, is taking a look at 8 the job description, so if we change it they'll have to 9 come back. 10 COMMISSIONER BELEW: Well, I second the 11 motion. 12 JUDGE POLLARD: Been moved by Commissioner 13 Moser Precinct 2, being seconded by Commissioner 14 Precinct 1 to approve item 1.10 of the agenda package, 15 which simply states authorize action to post the 16 Veterans Service Officer position opening. If there's 17 any further comment or discussion? There being none, 18 those in favor of the motion signify by raising their 19 right hand. It's 4-0-1, unanimous for it. One 20 abstention, myself. 21 All right, item 1.11 consider, discuss and 22 take appropriate action to solicit resumes or 23 expressions of interest from individuals desiring to be 24 appointed as Kerr County Clerk to fill the vacant 25 position. 47 1 There's nothing in the agenda package about 2 it except the request. We know we have a vacancy and I 3 know that there are two people that have filled out a 4 form that they want to address this issue. The first 5 one I received was Jackie Dowdy. Please step forward. 6 MRS. DOWDY: Good morning. My name is 7 Jackie Dowdy for the record. My home address is 8 protected statutorily as an employee in the prosecutor's 9 office. Is that okay to keep that -- 10 JUDGE POLLARD: Pull that microphone down 11 closer to you. 12 MRS. DOWDY: Yes, Sir. Thank you. May I 13 submit my resume at this time to the Court? 14 COMMISSIONER LETZ: Sure. 15 MRS. DOWDY: Okay. 16 (Handing Resume to Commissioners.) 17 MRS. DOWDY: They're labeled, too. They do 18 have names on them. They're all the same, but -- this 19 was Tom's. 20 COMMISSIONER BELEW: I'll trade ya. I'll 21 sell ya one. 22 MRS. DOWDY: So in my little one-inch binder 23 is -- it contains 8 sections in there, including my 24 resume in Section 8. I wish to respectfully request 25 that y'all consider my resume to be the next Kerr County 48 1 Clerk. Note that in Section 2 there's a list of 2 training dates and conferences held by the Texas 3 Association of Counties through June of next year, so 4 there are training dates available for whoever the Court 5 considers to fill the vacancy. And so are there any 6 questions for me about my background, or you want me to 7 just -- 8 COMMISSIONER MOSER: I got a question on the 9 agenda item. This is to solicit resumes. What's the 10 procedure for us doing it, Judge? 11 JUDGE POLLARD: Well, we gotta set a time 12 to -- we can ask for them at this time, and set a time 13 limit on it, but it hasn't been set yet, but we can do 14 that. 15 COMMISSIONER MOSER: Do we post that, or in 16 the newspaper, or -- 17 JUDGE POLLARD: Yes, we can do that. 18 COMMISSIONER BELEW: Now, if we talk to 19 candidates then Jackie will be back to do that then, 20 right? 21 JUDGE POLLARD: Yes. 22 COMMISSIONER LETZ: We'll set up an 23 interview schedule like we have, I presume. Why don't 24 we -- I think this is great, and I think there's another 25 one that we can discuss a little bit. Anita 49 1 VanKlaveren. 2 JUDGE POLLARD: Anita, please step forward. 3 Thank you, Jackie. 4 MRS. DOWDY: Thank you. I just wanted to 5 also say that John Elliott and Sharon Weaver are here to 6 support me. 7 MR. ELLIOTT: Yes, hehe. 8 MRS. DOWDY: Hee hee hee. 9 MRS. VANKLAVEREN: Good morning, Judge, 10 Commissioners. I just wanted to -- Anita VanKlaveren. 11 And as the Chief Deputy currently in the County Clerk's 12 office, I just wanted to express my interest also in the 13 position for the County Clerk's office. I will be 14 submitting my resume as well to the Court. 15 COMMISSIONER MOSER: Okay, very good. 16 JUDGE POLLARD: Thank you, Ma'am. 17 MRS. VANKLAVEREN: Thank you. 18 COMMISSIONER LETZ: So we oughta set a time 19 limit, what, two weeks? 20 COMMISSIONER MOSER: Yeah. Or we could do 21 it after -- like we did awhile ago. Once it's posted, 22 two weeks after that. 23 SHERIFF HIERHOLZER: The vacancy doesn't 24 actually occur until December 31st though, is that 25 correct? 50 1 COMMISSIONER LETZ: Right. 2 COMMISSIONER BELEW: But that doesn't mean 3 we can't set -- 4 COMMISSIONER LETZ: Hold on. We should 5 probably look at a-- I mean a calendar, because, yeah, 6 with holidays coming up. 7 COMMISSIONER MOSER: Well, it could be in 8 the newspaper like this week, right? 9 COMMISSIONER LETZ: Right. 10 MRS. LANTZ: Remember, this position has to 11 be bonded and there's a lot of criteria that has to 12 happen within this office. Changing of seals, and all 13 of that, and you can't do that within two weeks, so 14 sooner is better than later to make that decision 15 because it is a lot of things to have to transfer over. 16 MRS. VANKLAVEREN: You got your vitals 17 paperwork, birth certificates, marriage license, we have 18 to change over that name so we have to have a name to 19 commit to them. 20 COMMISSIONER LETZ: Well, the week of the 21 10th, what's the best day? 22 COMMISSIONER HARRIS: I'll make it work. 23 COMMISSIONER MOSER: Going to be here anyway 24 for paying the bills, so make it the 13th. 25 MRS. GRINSTEAD: Are you talking interviews 51 1 on the 13th, or them due on the 13th because we'll have 2 to -- 3 COMMISSIONER LETZ: Interviews on the 13th 4 so everything's due -- 5 JUDGE POLLARD: It's going to be posted in 6 the newspaper this week. 7 COMMISSIONER HARRIS: Should be able to get 8 it done this week, right? 9 MRS. LANTZ: I'm hoping. She said maybe. 10 COMMISSIONER HARRIS: Maybe? 11 MRS. LANTZ: And Daily Times, I'm pretty 12 sure I can hopefully get something in. 13 SHERIFF HIERHOLZER: The only thing I'd ask 14 if you're going to want us to do any kind of background 15 on any of the resumes, I need more than a day or two, 16 depending on how many resumes you get in, to be able to 17 run checks on all that. 18 COMMISSIONER LETZ: I think we probably need 19 the resumes by the 6th. Or the 7th is a Friday. 20 COMMISSIONER MOSER: So one week? 21 COMMISSIONER LETZ: Yeah. This week will be 22 ten days. It'll be all next week. I mean it's gotta be 23 a Kerr County resident, so it's -- 24 COMMISSIONER MOSER: Well see, if you get it 25 posted, what are we saying there, about -- 52 1 COMMISSIONER BELEW: Post it on the website? 2 MRS. GRINSTEAD: I think the soonest would 3 be Wednesday that we could get in there. 4 COMMISSIONER MOSER: Hu? 5 MRS. GRINSTEAD: Wednesday would probably be 6 the soonest we could get it in there. 7 COMMISSIONER LETZ: The 7th and then we 8 could turn them over for background checks and have 9 interviews on the 13th. 10 SHERIFF HIERHOLZER: So what day of the week 11 is the 7th? 12 MRS. GRINSTEAD: It's a Friday. 13 COMMISSIONER LETZ: You'd have the 10th, 14 11th, and 12th. 15 SHERIFF HIERHOLZER: Well, the 10th and 11th 16 are Saturday and Sunday. 17 COMMISSIONER MOSER: No. Monday and 18 Tuesday. 19 COMMISSIONER LETZ: Monday, Tuesday, 20 Wednesday. 21 SHERIFF HIERHOLZER: That's fine. We can 22 get it done. 23 COMMISSIONER LETZ: So we can do it by the 24 7th. 25 MRS. GRINSTEAD: Is the 13th a Thursday? 53 1 COMMISSIONER BELEW: It's a Thursday. 2 MRS. GRINSTEAD: I mean if you want to be 3 involved in it, you're going to have juveniles and 4 probates also on Thursday. 5 COMMISSIONER LETZ: We can figure out the 6 dates for the posting. We can do the resumes by the 7 7th. 8 MRS. LANTZ: The closing will be the 7th. 9 COMMISSIONER LETZ: Yeah. Make a motion to 10 accept resumes for the County Clerk position up until 11 the 7th of December at 5:00. 12 JUDGE POLLARD: Post it this week. 13 COMMISSIONER LETZ: Post it this week. Post 14 it as soon as possible, and the resumes should be given 15 to Jody Grinstead. 16 JUDGE POLLARD: By sneak attack then. 17 COMMISSIONER LETZ: Yeah, sneak attack. 18 MRS. STEBBINS: Right now there are no 19 juveniles scheduled on the 13th, so we could request 20 that the clerk limit that to detentions only if that 21 becomes a date that y'all want to do the interviews. 22 JUDGE POLLARD: All right. That's your 23 motion. Was there a second? 24 COMMISSIONER MOSER: Second. 25 JUDGE POLLARD: Well, Harley raised his 54 1 hand. Moved by Commissioner Precinct 3, seconded by 2 Commissioner Precinct 1, to post it as quickly as 3 possible, and to have resumes in December 7th, and to 4 have interviews on those December 13th of this year. 5 All right, any further discussion or comment? If not, 6 those in favor of the motion signify by raising their 7 right hand. It's 4-0-1, unanimous vote in favor of it. 8 One abstention, myself. 9 All right, there's a timed item 1.12 we have 10 to hear at this time. Open bids for four(4) pickup 11 trucks and refer to appropriate personnel for review and 12 recommendation, and award bid as appropriate. 13 COMMISSIONER LETZ: It appears that we have 14 one bid. 15 JUDGE POLLARD: That won't take long. 16 COMMISSIONER LETZ: We have one bid from 17 Stoepel Ford. There's a number of different vehicles 18 listed on here. 19 I make a motion that we accept the bids and 20 refer them to the Auditor. 21 COMMISSIONER BELEW: There's no total? 22 COMMISSIONER HARRIS: Different options? 23 COMMISSIONER LETZ: No. Because there's 24 F250's and 150's. 25 JUDGE POLLARD: Depends on what options did 55 1 you want to get on each one, too. 2 COMMISSIONER BELEW: I thought we turned all 3 that in so they could give us a bid? 4 COMMISSIONER LETZ: And they gave us a price 5 per vehicle though. It's not a total value that I see 6 attached. 7 I make a motion that we accept the bids and 8 refer to the Auditor for recommendation. 9 COMMISSIONER HARRIS: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Precinct 3, seconded by Commissioner Precinct 4 to 12 accept the bids as submitted. The bid from Stoepel Ford 13 and refer it to the County Auditor for recommendations. 14 Any further comment or discussion? There being none, 15 those in favor signify by raising their right hands. 16 It's four zero, unanimous. One abstention, myself. 17 The next timed item is 1.13 consider, 18 discuss and -- 19 COMMISSIONER MOSER: Ten-minute break? 20 JUDGE POLLARD: Ten-minute break. 21 (Ten-minute break.) 22 JUDGE POLLARD: Okay, it's time to resume, 23 folks. Let's get started again. All right, folks I'm 24 going to ask for order in the courtroom, we're going to 25 get started again. 56 1 All right, item 1.13 consider, discuss and 2 approve the license agreement with Shelter Pro Software 3 to replace the existing Animal Services system, and 4 authorize the County Judge to sign same. I'll recognize 5 Mr. Trolinger, but I've had a request for Tyra Lux wants 6 to speak on this issue, too. Go ahead, John. 7 MR. TROLINGER: Okay. The Shelter Pro 8 Software, it's highly recommended. I think Atascosa 9 County is using it and really likes it. I've looked at 10 it myself, I think it's really good from the system 11 standpoint, and it's about 23 hundred and 95 dollars for 12 the initial cost of the system, and 16 hundred fifty 13 dollars per year licensing and support cost. It's in 14 the budget, and the County Attorney's looked at the 15 contract, and initialed it? 16 MRS. STEBBINS: Yes. 17 MR. TROLINGER: And HB 1295 paperwork's 18 done. 19 JUDGE POLLARD: All right, thank you. 20 MR. TROLINGER: You're welcome. 21 JUDGE POLLARD: All right, Reagan, you have 22 any comments you'd like to make on it, too? 23 MR. GIVENS: Just it's a really good 24 program. We've kind of touched on it before, but I've 25 seen it in action, aside from Atascosa I was able to 57 1 look at there's a little bit, but at the time they 2 didn't actually have shelter running on it. But City of 3 Boerne uses it as well, and I had an opportunity to go 4 spend an afternoon over there looking at it, seeing what 5 all it was capable of. It was really neat. It's going 6 to be good for us. 7 COMMISSIONER BELEW: This comes out of 8 Reagan's budget? 9 MR. TROLINGER: Information Technology 10 capital. 11 COMMISSIONER BELEW: IT budget? 12 JUDGE POLLARD: All right, Tyra Lux. 13 MS. LUX: Yeah, I don't know -- I'm not 14 familiar with the details of the software, but I have 15 been told that it could be a game changer in saving a 16 lot of lives. A lot of the citizens of Kerrville, many 17 many people here have absolutely no idea that thousands 18 upon thousands of animals are being killed every year in 19 Kerrville, and that that's been going on for decades, so 20 this software could -- could certainly save a lot of 21 lives and place a lot of homeless animals in homes. 22 And well because of that, it -- I think 23 personally feel like it's important. I just want to 24 spread some awareness to people who are not aware that 25 the Kerrville is not a no-kill city, that animals have 58 1 been killed here for decades, and I just want people to 2 be aware of that, and to contact our City and County 3 leaders who make these laws and make these decisions in 4 hopes that -- that Kerrville can become a no-kill city. 5 Thank you. 6 COMMISSIONER MOSER: Shelter Pro would be a 7 step in improvement, okay? 8 MS. LUX: Yes, Sir. Every little bit would 9 help, certainly. Every little bit would bring us one 10 step closer to doing the humane thing, which is 11 Kerrville becoming a no-kill facility and stop putting 12 homeless animals to death. 13 JUDGE POLLARD: Okay. Now the item is to -- 14 whether or not to approve an agreement with the Shelter 15 Pro Software to replace the existing animal software. 16 Do you have any comments about the item on the agenda? 17 MRS. LUX: Yes, Sir. I just commented, Sir, 18 with all due respect that it will certainly be a step in 19 the right direction toward placing a lot of these 20 homeless dogs and cats in homes, and save -- 21 JUDGE POLLARD: And so what we're proposing 22 to, you're recommending, is that right? 23 MS. LUX: Yes, Sir. Thank you. 24 JUDGE POLLARD: All right. Thank you. 25 MR. GIVENS: I'll just have to say, I'll 59 1 have to look at numbers, but thousands and thousands of 2 animals might be a bit much. So I'll have to look and 3 see exactly where we're at for last year and this year, 4 but -- 5 COMMISSIONER MOSER: But independent of all 6 those numbers, in your and her opinion the software 7 would be a step in the right direction? 8 MR. GIVENS: Yes, absolutely. 9 MS. LUX: This has been going on for decades 10 that these animals have been put to death. And yes, 11 Sir, there have been thousands upon thousands of animals 12 who have been killed simply because their homeless. 13 COMMISSIONER BELEW: I have a question for 14 John. John, this is an ongoing licensing agreement? 15 MR. TROLINGER: Yes. The stipulation in the 16 contract -- the license agreement is that we pay every 17 year to license the software to be able to use it, and 18 we also receive support for that cost. 19 COMMISSIONER MOSER: And that's 16 hundred 20 and fifty dollars a year? 21 MR. TROLINGER: Yes, Sir. 22 COMMISSIONER BELEW: 1650 a year and, he 23 said 23 hundred -- 24 MR. TROLINGER: The base cost to install it 25 is about 24 hundred dollars. We have to install it, get 60 1 it set up, do the initial training. 2 COMMISSIONER LETZ: Make a motion that we 3 approve and authorize the the purchase of the software 4 and authorize County Judge to sign same. 5 COMMISSIONER HARRIS: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Precinct 3,. Seconded by Commissioner Precinct 2 as to 8 item 1.13 of the agenda package, and that is to approve 9 the license agreement with Shelter Pro Software to 10 replace the existing Animal Services system, and 11 authorize the County Judge to sign same. Any further 12 comment or discussion? If not, those in favor of the 13 motion signify by raising your right hands. It's 4-0-1, 14 it passes. One abstention, myself. 15 Item 1.14 consider, discuss and approve the 16 license and services agreement with Tyler Technologies, 17 Inc. to replace the existing computer-aided dispatch 18 system, and authorize the County Judge to sign same. 19 Mr. Trolinger. 20 MR. TROLINGER: Thank you. Our existing CAD 21 System, although it's very very good and reliable, and 22 we've been running over ten years, it's now obsolete and 23 must be replaced. So we had a couple of choices, and 24 our dispatchers, and I believe Sheriff Hierholzer looked 25 and decided that this particular Tyler Public Safety, 61 1 which the City of Kerrville also uses as their choice. 2 So during the budget process, we budgeted for this. The 3 County Attorney's reviewed the very lengthy, I think a 4 hundred and something page long agreement that 5 stipulates every step of the way, the software 6 installation. Total cost is -- oh, and the House Bill 7 1295, there's going to be little bit of discussion, I 8 think, with the County Attorney. I just received an 9 e-mail late in the process that there's an amendment to 10 House Bill 1295 that took place on January first, 2018, 11 and that publicly traded companies are not required to 12 fill out this form. 13 COMMISSIONER MOSER: You were going to say 14 what the cost is, and you skipped over that to the House 15 Bill. 16 MR. TROLINGER: And I'm going to go back and 17 get the bottom line for you here. The software is very 18 expensive, it's -- the license cost for the software is 19 about $37,385.00. The training, the installation, we're 20 going to convert all the data from the old system over 21 is about $10,000.00. The interface, we're going to 22 interface with the Department of Public Safety, that's 23 about a thousand dollars to help us do that. The 24 total's $48,509.00 for the one time installation of the 25 system. We budgeted that during the budget process this 62 1 year for this. 2 COMMISSIONER MOSER: What if you just kept 3 the old system? 4 MR. TROLINGER: Well, I've held on to it, 5 I've held on to it, and we're down to the last support 6 person available that wrote the software is. Tyler 7 Technology has been kind enough to support, us but it's 8 not supported right now. 9 COMMISSIONER MOSER: But if you kept it, you 10 might not get the support necessary to operate it? 11 MR. TROLINGER: Yes. Right now we cannot 12 reinstall what we have. That's my main concern. 13 COMMISSIONER MOSER: So it would be high 14 risk? 15 MR. TROLINGER: It would be. 16 JUDGE POLLARD: Actually, you said Tyler 17 Technologies is who's supporting it for us right now, 18 right? 19 MR. TROLINGER: It is. It is. There are 20 two different divisions -- 21 JUDGE POLLARD: Per your request? 22 MR. TROLINGER: Yes. 23 COMMISSIONER BELEW: Now, let me ask a 24 question, John, without getting into the high weeds 25 here. The conversion process, what are we converting? 63 1 MR. TROLINGER: Well, we have lots and lots 2 of notes, so when you call in and say there's a dog at 3 the corner of Main and Earl Garrett, the dispatcher 4 types those notes in. Well, that's all in the system, 5 and we want to bring all that over so that all that -- 6 COMMISSIONER BELEW: It's just a matter of 7 getting it done. It not -- you don't have to convert it 8 from one format to another, or do you? 9 MR. TROLINGER: It is. They're different 10 formats, so it's lengthy. It takes people -- it takes 11 people to do that. 12 COMMISSIONER BELEW: Okay. 13 COMMISSIONER HARRIS: How long do you see 14 this being good for? 15 MR. TROLINGER: That's a good question. I 16 look at the end of life for the products when we -- 17 that's a very good question. Especially on the server 18 side, it's a solid five years. I know we've got five 19 years once we install this, we're going to be good. 20 Now, when Tyler Technologies will essentially announce 21 it's the end of life, and a lot of counties will be in 22 our same position, then they'll be some recommended 23 path, some new thing, and it could be 12 years. For 24 example this system when we put it in 12 years ago, it 25 had been around for quite awhile, so it had about a 64 1 20-year run, I believe. 2 COMMISSIONER BELEW: How long has this 3 system been around, John? 4 It's been at the City of Kerrville, I 5 believe they've had it for four years. 6 COMMISSIONER BELEW: Kind of like what you 7 just described. 8 MR. TROLINGER: Yes. 9 COMMISSIONER BELEW: So monthly -- or I mean 10 annual licensing fee for this? 11 MR. TROLINGER: The recurring fee is 12 $12,995.00. 13 COMMISSIONER BELEW: So it's a thousand 14 dollars a month plus? 15 MR. TROLINGER: Yes, Sir. Roughly. 16 JUDGE POLLARD: That's included in previous 17 figures you gave us? 18 MR. TROLINGER: No, Sir, there separate. 19 There's a one-time installation and conversion cost, and 20 then the annual cost is about $13,000.00. 21 JUDGE POLLARD: So this is also covered in 22 your budget? 23 MR. TROLINGER: It is in the budget. It's 24 in the software maintenance line item. 25 COMMISSIONER BELEW: So first year is about 65 1 61 thousand, 62 thousand dollars. 2 MR. TROLINGER: Yes, Sir. There's some 3 estimated travel expenses that won't be defined until 4 actual -- 5 COMMISSIONER MOSER: Is this the one you 6 want, too, Sheriff? 7 SHERIFF HIERHOLZER: Yes, Sir. We've been 8 gimping along with what we have, because it has been out 9 dated and can't be supported anymore. It's a very 10 technical system. It ties in automatically with 911 11 with all our phone calls, with our DPS computers. It is 12 part of Odyssey, and it's pretty well the only one that 13 we have a choice to go to to keep things running 14 smoothly like they are. And like John said, he's kept 15 it limping along about four or five years longer than 16 what it should have, to be honest. But, you know, 17 it's -- we're at the final straw, we don't have much 18 choice at this point. 19 COMMISSIONER MOSER: I move for approval -- 20 COMMISSIONER BELEW: Let me ask one more 21 question. John, you said this has been out about four 22 years. Is this like 1.0 or -- 23 MR. TROLINGER: Oh, the version number right 24 now, I can't recall what the version numbers are, but 25 it's mature, and the City of Kerrville's pleased with 66 1 it. 2 COMMISSIONER MOSER: I move for approval for 3 the license and services agreement with Tyler 4 Technologies to replace the existing computer-aided 5 dispatch system, and authorize the County Judge to sign 6 same. And this has been reviewed by the County 7 Attorney? 8 MRS. STEBBINS: Yes, Sir. 9 JUDGE POLLARD: A hundred page agreement? 10 MRS. STEBBINS: Uh-huh. 11 JUDGE POLLARD: Is there a second? 12 COMMISSIONER BELEW: Second. 13 JUDGE POLLARD: Been moved by Commissioner 14 Precinct 2, seconded by Commissioner Precinct 1 to move 15 item 1.14 of the agenda, and that is to approve the 16 licensing services agreement with Tyler Technologies, 17 Inc. to replace the existing computer-aided dispatch 18 system, and authorize County Judge to sign same. Is 19 there any further discussion? There being none, those 20 in favor signify by raising their right hand. It's 21 4-0-1, unanimous vote. One abstention, myself. 22 Item 1.15 consider, discuss and approve sale 23 of salvage property via online auction I.A.W. Texas LGC 24 263.152 and 263.153. Mr. Trolinger. 25 MR. TROLINGER: Thank you, Judge. I have 67 1 not an extensive list, but a full -- just about a full 2 page of equipment to just to pass over that's -- that's 3 going to be -- well, we'll put it up for auction on the 4 online on GovDeals is one palette, but most of this 5 equipment is useless, worthless, to the IT Department. 6 JUDGE POLLARD: All right, I've just been 7 handed an exhibit. We'll call it -- that's got 1, 2, 3, 8 4, 5, 6, maybe 7. There's a whole bunch of stuff on the 9 other side, listing on this. A bunch of items on here 10 that we'll attach this to the motion, that this is an 11 authorization, if it passes, to dispose of these items 12 by online services here. Is there any further comment 13 or discussion, if you want to look at the list and see 14 what's on it? 15 COMMISSIONER BELEW: I want to. 16 COMMISSIONER MOSER: John, what was I.A.W.? 17 MR. TROLINGER: In accordance with. I was 18 trying to keep it short. 19 COMMISSIONER BELEW: John, these bad 20 batteries and stuff, we just have to dispose of them? 21 MR. TROLINGER: Generally, yes. But because 22 they weren't dead, we actually proactively replace 23 batteries. They're not bad batteries. We consider them 24 bad, but they're -- somebody might want to buy them. 25 COMMISSIONER BELEW: And you might want to 68 1 change that wording in the future to make sure so they 2 don't think we're violating the hazardous waste rules. 3 JUDGE POLLARD: Next time you want to put 4 something on the agenda for us, to put it in language we 5 know; not your lingo. The I.A.W., we didn't know that, 6 okay? 7 COMMISSIONER MOSER: Never use an acronym 8 you don't spell out at least once. 9 MR. TROLINGER: Yes, Sir. 10 JUDGE POLLARD: All right. Any further 11 comment or discussion? 12 COMMISSIONER MOSER: We need a motion. 13 COMMISSIONER BELEW: I'll make a motion that 14 we take appropriate action to dispose of these 15 properties on the list. 16 COMMISSIONER HARRIS: Second. 17 JUDGE POLLARD: All right, it was moved by 18 Commissioner Precinct 1,. Seconded by Commissioner 19 Precinct 4 to authorize the item in 1.15 on the agenda, 20 and that is to approve the sale of salvage property 21 online in accordance with Texas LGC -- what's that? 22 MR. TROLINGER: Local Government Code. 23 JUDGE POLLARD: Section 263.152 and 263.153. 24 And there's a list that's been submitted and it'll be 25 listed as an exhibit to the motion here. Anybody want 69 1 to look at it anymore? Is there any further comment or 2 discussion about the motion? If not, those in favor of 3 the motion signify by raising your right hands. It's 4 four zero, unanimous. One abstention, myself. 5 Item 1.16 consider, discuss and take 6 appropriate action to dispose of certain property. Do 7 you have a list? 8 MS. BURLEW: I submitted a list with the 9 agenda item. Do you have that? 10 JUDGE POLLARD: Yes. 11 MS. BURLEW: Yes, Sir. Some of these items 12 will have been in the office for probably 15 years, so 13 it's items that we haven't used in a long time, so I am 14 suggesting that we could auction off some of these at 15 the GovDeals. And as far as the chairs, those we just 16 need to probably dispose of in the trash, dump because, 17 you know, they're broken, and they're not fixable. 18 COMMISSIONER MOSER: So the agenda item is 19 dispose of it, but that can also be put it on sale, 20 correct? 21 MS. BURLEW: Right. 22 COMMISSIONER MOSER: Okay, good. 23 MS. BURLEW: And I think I listed pretty 24 much the name and the serial numbers, and if there's any 25 Kerr County I.D. numbers as far as item, other than the 70 1 chairs. 2 COMMISSIONER BELEW: Well, then I move that 3 we take the appropriate action to dispose of these 4 items. 5 COMMISSIONER HARRIS: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Precinct 1, seconded by Commissioner Precinct 4 to 8 approve item 1.15 of the agenda package, which is -- 9 COMMISSIONER MOSER: 1.16. 10 JUDGE POLLARD: I'm sorry, 1.16 to dispose 11 of certain property that's all listed in the exhibit 12 that's in the agenda package. Is any further discussion 13 or comment? If not, those in favor of the motion 14 signify by raising their right hands. It's 4-0-1, one 15 abstention, it passes four to zero. The abstention is 16 myself. 17 Item 1.17 consider, discuss and take 18 appropriate action to approve the contract with Thomson 19 Rueters for the online services for the Judges and 20 County Attorney, and allow the County Judge to sign 21 same. Robbin. 22 MS. BURLEW: Yes, Sir. This is a contract 23 that we've had ongoing with Thomson Rueters as far as 24 the online services for the District Judges and the 25 County Attorney's Office to access online services. And 71 1 I submitted the contract to the County Attorney. 2 COMMISSIONER BELEW: What's different about 3 this than any other -- what's special about it? 4 MS. BURLEW: Well, supposedly they were 5 going to up the contract fee up to seven percent, and 6 he's going the reduce it down to just one percent per 7 year, rather than us paying a seven percent. 8 COMMISSIONER BELEW: Blue that's good. But 9 what I meant was why is this necessary for the County 10 Attorney and -- 11 MS. BURLEW: Oh, and the District Judges? 12 COMMISSIONER BELEW: Yeah. What does it 13 provide? 14 MRS. STEBBINS: Our legal search. 15 COMMISSIONER BELEW: Legal search. 16 JUDGE POLLARD: There are other things that 17 provide pretty much the same thing. Slightly different 18 format, but it's what you're used to. Thomson, that's 19 the oldest one around, frankly. 20 COMMISSIONER BELEW: The gold standard. 21 JUDGE POLLARD: So it's just what you get 22 used to, and you like their particular format and all, 23 and that's what they're -- the County Attorney and the 24 Judges are saying they want. 25 COMMISSIONER MOSER: So this is for the 72 1 County Attorney, and what all Judges? All the Judges? 2 MS. BURLEW: So for the ones that are using 3 it of course Judge Emerson, and Judge Williams, and 4 Judge Harris. 5 COMMISSIONER BELEW: Did you negotiate the 6 better deal? 7 MS. BURLEW: Yes, Sir. 8 COMMISSIONER BELEW: Thank you. 9 COMMISSIONER MOSER: So $3,000.00 a month. 10 MS. BURLEW: Yes, Sir. 11 COMMISSIONER BELEW: It's the very latest. 12 JUDGE POLLARD: That's the overhead for law 13 offices, and that's something you gotta live with 14 instead of law books now. That's what it is. 15 COMMISSIONER BELEW: True. 16 JUDGE POLLARD: You don't have any choice. 17 You pick the ones you like, and there's several choices. 18 Thompson Rueters is probably the oldest one around. 19 That's old the West Publishing. 20 COMMISSIONER LETZ: I make a motion we 21 approve the contract with Thomson Rueters for online 22 services, and authorize the County Judge to sign the 23 contract. 24 COMMISSIONER HARRIS: Second. 25 MS. BURLEW: Thank you. 73 1 JUDGE POLLARD: Been moved by Commissioner 2 Precinct 3, seconded by Commissioner Precinct 4 to 3 approve item 1.17 of the agenda package, and that is to 4 approve the contract with Thomson Rueters for the online 5 services for the Judges and County Attorney, and to 6 authorize the County Judge to sign same. Is there any 7 further comment or discussion? If there's none, those 8 in favor of the motion signify by raising their right 9 hand. It's 4-0-1, passes 4 to zero. One abstention, 10 myself. 11 Item 1.18 consider, discuss and take 12 appropriate action to appoint a member of Commissioners' 13 Court, or designate a person to perform investigation 14 under Section 751.005 of the Texas Health and Safety 15 Code for the purpose of determining if the minimum 16 standards for ensuring public safety and order as 17 prescribed by law will be maintained under the 18 application for permit for mass gathering by the Hill 19 Country District Junior Livestock Show. Hearing will be 20 held on December 20, 2018 at 9:15 a.m. 21 This is standard procedure to gather the 22 information in order for the statute says you gotta have 23 these reports in, and someone has to investigate it, and 24 there has to be a designated investigator in order to do 25 that. We get a lot of other stuff in there, too that 74 1 you're supposed to consider, but that's just one. 2 COMMISSIONER LETZ: I make a motion that we 3 appoint Commissioner Precinct 3 to do the investigations 4 regarding relating to the Mass Gathering Permit under 5 751.005, and submit the report to the County Judge 6 according to that statute. 7 COMMISSIONER HARRIS: Second. 8 COMMISSIONER BELEW: Second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Precinct 3, seconded by Commissioner Precinct 2 to 11 designate Commissioner Precinct 3 as the person to 12 perform the investigation under Section 751.005 of the 13 Texas Health and Safety Code. All of which is for the 14 purpose of determining if the minimum standards and 15 ensuring public safety and order as prescribed by law 16 will be maintained under the application for permit for 17 Mass Gathering by the Hill Country District Junior 18 Livestock Show. And the hearing on that will be held on 19 December 20, 2018. That's two days before I leave, so 20 I'll be here. All right. And I -- did I have a 21 recommendation that I need to go to New Mexico, or you 22 recommend I don't? 23 COMMISSIONER BELEW: Where you going? 24 Depends on where you're going. You going to Clovis, I'd 25 say no. 75 1 JUDGE POLLARD: I'm going -- based in 2 Cimarron, but it's go to be Angel Fire, and Red River 3 and places like that. 4 COMMISSIONER BELEW: Oh, there you go. 5 JUDGE POLLARD: Okay, since I have your 6 approval. All right, is there any further comment about 7 the motion? 8 COMMISSIONER BELEW: I want to know does 9 Commissioner Precinct 3 have a little -- what are your 10 qualifications to inspect something like that? 11 COMMISSIONER LETZ: I've discussed this with 12 the prior person that was designated, which was former 13 Commissioner Reeves, and he has advised me of what I 14 need to do in this capacity. 15 COMMISSIONER BELEW: Okay, good. That's 16 good to know. 17 JUDGE POLLARD: There needs to be an 18 amendment, adopt a policy about a minimum standard. I 19 mean we're getting policies about everything. I see one 20 in the men's restroom posted on the wall there about 21 throwing something in the urinal. There's a policy in 22 there, a County Policy. 23 COMMISSIONER BELEW: You ladies pretend you 24 didn't hear that, okay? 25 COMMISSIONER MOSER: It is part of the 76 1 record. 2 JUDGE POLLARD: Everyone in favor of the 3 motion signify by raising their right hand. It's four 4 zero. One abstention, myself. It passes. 5 All right, 1.19 consider, discuss and take 6 appropriate action regarding office space at the Kerr 7 County Animal Services Facility. 8 COMMISSIONER LETZ: Judge, we can pass on 9 this. Peter Lewis -- 10 JUDGE POLLARD: Absolutely. Let's pass on 11 it. 12 1.20 information regarding inmate medical 13 expenses. All right. 14 COMMISSIONER MOSER: You want to pass on 15 that, too? 16 JUDGE POLLARD: No. No, I don't. The name 17 of the -- I guess you'd call him patient or convict, or 18 whatever. This man was convicted in Judge Emerson's 19 Court, I think, a number of years ago, the 198th. 20 Probably was another Judge at that time, but he was 21 convicted, I think, of a really serious crime of 22 involving a weapon, assault with a weapon, and he was 23 found guilty and was given 99 years. He is in prison. 24 His health, according to this notice that we 25 got that was sent to Judge Emerson since he's the Judge 77 1 of that Court, the State people, the penitentiary system 2 have decided this guy's too expensive to keep, so we're 3 the recipients of another unfunded mandate. That's all 4 I'm doing is just advising you about this, because if 5 you read -- he's got so many things wrong with him 6 medically it's unbelievable. He has a life expectancy 7 of maybe six months. They want to send him back to us, 8 and we the County have to provide him medical care, and 9 it's probably going to cost us a lot of money, a 10 hundred, a hundred and 50 thousand, I don't know. This 11 guy's got everything in the world wrong with him, so I 12 just wanted to let you know. 13 COMMISSIONER BELEW: What's the legal 14 precedence on this, or the law that they're following? 15 JUDGE POLLARD: Well, the law is it's cited 16 in the thing that the penitentiary system sent to us, 17 and there's nothing we can do about it, I don't think. 18 We got -- 19 MRS. STEBBINS: I don't know what we'd be 20 able to -- 21 COMMISSIONER BELEW: How old is this law? 22 SHERIFF HIERHOLZER: What I read and what 23 was being sent out is that the man is being paroled to 24 Kerr County, which was his County of residence back when 25 the offense was committed in Precinct 2, I might say. 78 1 But anyhow, he is being paroled and he's got all those 2 serious medical issues. He's not being transferred to 3 the County Jail, okay? I wouldn't accept him, and we 4 don't have to. 5 So where the medical would come in is if he 6 is indigent and would qualify for the County Indigency 7 Program, which I don't know. Then I guess the County 8 would have to pay his medical expenses through the 9 County Indigency Program as with any other indigent 10 person that the County has, but I'm not in charge of 11 that. But it does -- it's not inmate medical because he 12 will not be an inmate; he'll be a person that has been 13 paroled as far as a Parole Board has deemed that he 14 served his time, whatever portion of that sentence they 15 wanted him to serve, or paroled for whatever reason they 16 want to, he's being released from prison. 17 COMMISSIONER BELEW: So it's the Parole 18 Board that did this. It's not some new legislation? 19 SHERIFF HIERHOLZER: No. It's the Parole 20 Board. It's just part of paroling an inmate out of the 21 penitentiary. 22 JUDGE POLLARD: It's not a new legislation. 23 MRS. LANTZ: And on the indigent side of 24 that, there's still a criteria that you do have to 25 qualify, and in this instance the individual may 79 1 automatically qualify for Emergency Medicaid because of 2 his situation. So a lot of times there's other ways to 3 make sure that individual gets carried through our 4 program. 5 COMMISSIONER BELEW: Now, if he comes here 6 and applies for indigent care, I mean he has to apply 7 for it; we don't go to him? 8 MRS. LANTZ: You have to apply for it. 9 COMMISSIONER BELEW: You have to go through 10 the Parole Officer, or whoever, right, and so start 11 lining them out. So the Parole Officer locally will 12 advise this individual how to proceed, or what? 13 MRS. LANTZ: We don't seek them out. So 14 programs are available, so they -- how it starts is at 15 the hospital, if they're admitted to the hospital, the 16 hospital will notify us and let us know, but it's up to 17 that individual to come get an application to apply for 18 it, and then the process starts from there. 19 COMMISSIONER BELEW: So really this is 20 possible; but it' likely. 21 MRS. LANTZ: Right. And usually what we try 22 to do is there are other programs available to those 23 individuals that are probably better suited than 24 indigent health that we can try to get them on to. 25 JUDGE POLLARD: I imagine the Parole Board 80 1 will advise him as he comes to town. Say it more than 2 likely, it's probable that he'll be advised to apply for 3 it. 4 Anyway, I'm sorry, it just was something 5 pretty important. Judge Emerson thought it was 6 important enough to send it to me, and I thought y'all 7 oughta know about it, just an information item. 8 All right, let's go to paying the bills. 9 COMMISSIONER MOSER: No bills. 10 JUDGE POLLARD: We don't have any bills to 11 pay today. 12 4.2 budget amendments. Have any of those? 13 4.3 late bills, have any of those today? 14 None. 15 4.4. Approve and accept monthly reports. 16 COMMISSIONER HARRIS: Commissioners' Court, 17 Monday, November the 26th, 2018 monthly reports. J.P. 18 Precinct 1 report for October 2018. That's it. 19 JUDGE POLLARD: All right. 20 COMMISSIONER LETZ: I move we accept the 21 monthly reports as presented. 22 COMMISSIONER BELEW: Second. 23 JUDGE POLLARD: And approve as needed, if 24 they are any. All right, moved by Commissioner Precinct 25 3, seconded by Commissioner Precinct 1 to accept the 81 1 monthly reports that were just read into the record by 2 Commissioner Harris of Precinct 4. Is there any 3 further comment or discussion? If not, those in favor 4 of the motion signify by raising your right hands. It's 5 four zero. One abstention, myself. 6 Auditor reports, any? None. 7 4.6, any court orders to approve? 8 COMMISSIONER LETZ: Yes. I'll make a motion 9 that we approve court orders from November 19th, 2018, 10 November 26th, 2018, and November 15th: 11 COMMISSIONER BELEW: That's today. 12 MRS. GRINSTEAD: Yeah, that's today, the 13 26th. 14 COMMISSIONER LETZ: November 13th. Excuse 15 me. 16 JUDGE POLLARD: All right. So the motion is 17 to approve the court orders from November 15th and -- 18 COMMISSIONER LETZ: 13th -- 19 JUDGE POLLARD: 13th and 15th -- 20 COMMISSIONER LETZ: 15th and 19th. 21 JUDGE POLLARD: -- and 19th. 22 COMMISSIONER HARRIS: Second. 23 JUDGE POLLARD: Any further questions or 24 comments? 25 COMMISSIONER BELEW: I would suggest in the 82 1 future when we do that not just put the dates, put 2 numbers of the Court Order for people who are reading 3 them and so on. 4 COMMISSIONER MOSER: We did that last time 5 and there was -- 6 COMMISSIONER BELEW: And we decided that 7 we -- 8 COMMISSIONER LETZ: Yeah. It's a lot of -- 9 it's a lot of numbers. 10 COMMISSIONER BELEW: How many digits is it? 11 COMMISSIONER LETZ: Well, there's about 30 12 court orders. 13 COMMISSIONER BELEW: Oh, okay. I see what 14 you're saying. Yeah, I remember that. 15 COMMISSIONER MOSER: And we passed the 16 motion -- 17 COMMISSIONER BELEW: Forget what I said. 18 COMMISSIONER MOSER: Think we already have. 19 JUDGE POLLARD: Say there's a basketful over 20 here and we approve them, okay? All right, those in 21 favor of the motion signify by raising your right hand. 22 It's four zero, unanimous. One abstention, myself. 23 All right, 5.1 reports from 24 Commissioner/Liaison Committee assignments. Anybody? 25 COMMISSIONER HARRIS: I got a really good 83 1 tour from Reagan the other day of the shelter and 2 everything. Saw what their lay of the land was, and 3 their things that improvement that are needed, and space 4 wise, and good tour, and appreciate it, Reagan. 5 MR. GIVENS: Yes, Sir. 6 COMMISSIONER BELEW: While we're talking 7 about Reagan, I got a call from somebody in Precinct 1 8 while I was on the road, losing signal, and called 9 Reagan. I said some lady just called said that a deer's 10 blocking her in her yard, and wants somebody to dispatch 11 it. Before he could get there, some happy hunter had 12 loaded him up. And that's about the size of it, and 13 I'll shoot it and I'll also dispose of it for ya. 14 MR. GIVENS: And they told the lady -- 15 COMMISSIONER BELEW: And Reagan followed up 16 on all of it while I was up in the mountains of New 17 Mexico. 18 JUDGE POLLARD: Well, that's important. 19 That's great. 20 All right, reports from elected officials 21 and department heads, if any? 22 Reports from Boards, Commissions and 23 Committees, City/County joint projects or operations 24 reports. Anybody? 25 Update on East Kerr County/Center Point 84 1 Wastewater Project? 2 COMMISSIONER LETZ: They're working on it. 3 COMMISSIONER MOSER: Yeah. I think one 4 thing that came up the other day is of all of the 5 applications that we expected for connecting to the 6 Wastewater System, we're up six percent, a very small 7 number, but did not apply, and there we follow the 8 action we passed in Commissioners' Court today, okay. 9 JUDGE POLLARD: All right, is there anything 10 to be considered in closed session today? 11 MRS. STEBBINS: No, Sir. 12 JUDGE POLLARD: None. Any further business 13 for the Commissioners' Court? We're adjourned. Thank 14 you. 15 * * * * * * 16 17 18 19 20 21 22 23 24 25 85 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Reporter in and for Kerr County, do hereby certify that 6 the above and foregoing pages contain and comprise a 7 true and correct transcription of the proceedings had in 8 the above-entitled Commissioners' Court. 9 Dated this the 6th day of December, A.D. 10 2018. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 12/31/2018 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25