1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, March 25, 2019 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: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioner's Comments. 6 4 1.1 Consider, discuss and take appropriate 7 action on the order authorizing the 5 issuance, sale and delivery of $2,105,000 in aggregate principal amount of Kerr 6 County, Texas Combination Tax and Surplus Revenue Certificates of Obligation, Series 7 2019, (Center Point/East Kerr County Wastewater System Project), to be purchased 8 by the Texas Water Development Board, securing the payment thereof by authorizing 9 the levy of an annual ad valorem tax and a pledge of certain surplus revenues of the 10 County's Parks System, and approving and authorizing the execution of a paying 11 agent/registrar agreement, an escrow agreement, and all other instruments and 12 procedures related thereto. 13 1.2 Order authorizing and approving the 23 execution of a Grant Agreement with the 14 Texas Water Development Board in the amount of $11,270,000.00 and a Related Escrow 15 Agreement, and authorizing other matters related thereto. 16 1.3 Consider, discuss and take appropriate 25 17 action to accept agreement for Government Collections and Compliance Professional 18 Services Software for Kerr County District Clerk's Office, and have county Judge sign 19 same. 20 1.4 Consider, discuss and take appropriate 38 action to approve contract with UBEO 21 Business Services for printer/copier service in the District Clerk's Office. 22 1.5 Consider, discuss and take appropriate 40 23 action to approve invoice 8707 from Pavement Markings, Inc. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.6 Consider, discuss and take appropriate 43 action for the Court to set a public 4 hearing for 9 a.m. on May 13th, 2019 for a revision of plat for Pecan Valley No. Two, 5 Lots 20, 21 and 22, Volume 4, Page 193. 6 1.7 Consider, discuss and take appropriate 44 action for the Court to waive platting 7 oversight and approval for an Amending Plat of The Homestead at Turtle Creek, 8 Lots 19 and 20, Volume 6, Page 309. 9 1.8 Consider, discuss and take appropriate 45 action for the Court to approve a final 10 plat for Blue Ridge Ventures. 11 1.9 Consider, discuss and take appropriate 47 action for the Court to authorize the 12 County Engineer to proceed with the submission of updated Flood Insurance 13 Rate Maps prepared by Kendall County for a portion of Cypress Creek in the vicinity 14 of Bartel Road and Gaddis Bluff Road. 15 1.12 Consider, discuss and take appropriate 50 action to approve a Proclamation to declare 16 May 2, 2019 "National Day of Prayer", and allow use of the courthouse grounds from 17 12 p.m. to 1 p.m. that day. 18 1.10 Consider, discuss and take appropriate 51 action to authorize working with Kendall 19 County regarding updating the Floodplain of Cypress Creek in East Kerr County. 20 1.11 Consider, discuss and take appropriate 52 21 action to approve Interlocal Agreement with Kendall County WCID #1 (Water Control 22 and Improvement District #1) for inspection services related to the East Kerr/Center 23 Point Wastewater Project. 24 1.13 Consider, discuss and take appropriate 53 action regarding annual agreement with 25 Computer Information Concepts, Inc. (CIC), and authorize the County Judge to sign same. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Consider, discuss and take appropriate 55 action regarding a Resolution supporting 4 the 86th Texas Legislature's House Bill 4245 and other issues related to reducing 5 the number of voters needed to sign a petition requesting a Local Option Election 6 to authorize the sale of alcoholic beverages. 7 1.15 Consider, discuss and take appropriate 60 action on request from Kerr County 4-H to 8 use Flat Rock Park and the Dog Park for a 3-D Archery Tournament in May. 9 1.16 Consider, discuss and take appropriate 70 10 action to approve the "Victim Compensation Benefits Assistance" agreement between Kerr 11 County and Hill Country CASA (Court- Appointed Special Advocates), and allow 12 County Judge to sign same. 13 1.17 Consider, discuss and take appropriate 71 action to adopt the Kerr County Elected 14 Official and Supervisor Onboarding Procedures. 15 1.18 Consider, discuss and take appropriate 74 16 action to adopt the Kerr County Courthouse Emergency Action Plan. 17 1.19. Consider, discuss and take appropriate 83 18 action to approve a $1000.00 donation from a citizen for the Sheriff's Equipment Fund, 19 72-370-531. 20 1.20 Consider, discuss and take appropriate 84 action regarding the 381 Agreement with 21 James Avery. 22 1.21 Consider, discuss and take appropriate 87 action to appoint a committee to interview 23 applicants for the Public Relations Officer position. 24 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.22 Consider, discuss and take appropriate 94 action to determine whether to allow the 4 retail fireworks permit holders to sell fireworks to the public in celebration of 5 San Jacinto Day, pursuant to Texas Occupations Code, Section 2154.202(h). 6 1.23 Consider, discuss and take appropriate 97 7 action to approve the Kerr County Budget Calendar, Fiscal Year 2019-2020. 8 1.24 Consider, discuss and take appropriate 98 9 action to approve lighting repairs at County Little League Fields. 10 4.4 Approve and accept Monthly Reports. 103 11 4.6 Court Orders. 104 12 5.1 Reports from Commissioners/Liaison 105 13 Committee Assignments as per attachment. 14 5.4 Update on East Kerr County/Center Point 115 Wastewater Project. 15 1.25 Consider, discuss take appropriate 116 16 action regarding abandonment and discontinuing use of a portion of Second 17 Street in Center Point, Texas. 18 *** Adjournment. 116 19 *** Reporter's Certificate. 117 20 * * * * * * 21 22 23 24 25 6 1 JUDGE KELLY: Okay, it is 9:02 on Monday, 2 March the 25th, 2019, and the Kerr County Commissioners' 3 Court is now in session. If you would stand for the 4 prayer and the pledge. Led by Commissioner Letz. 5 (Prayer and Pledge of Allegiance.) 6 JUDGE KELLY: The first item of business is 7 to afford an opportunity for anyone to address the Court 8 on a matter that is not on the agenda. Is there anyone 9 that would like to address the Court? If it's on the 10 agenda we'll have ample time for your input. 11 Okay, with that then this is the time for the 12 Commissioners to report on what's going on in their 13 precincts in the County, so we'll start with 14 Commissioner 1. 15 COMMISSIONER BELEW: A new subdivision going 16 in. I got an opportunity to -- right across the street 17 from me, by the way, so when you buy the land, you don't 18 buy the view. Just a little reminder for everybody. I 19 got an opportunity to speak at American Legion Hall this 20 weekend and be reminded of the patriotism that we enjoy 21 in this area. It's not the same in a lot of other 22 places. The number of veterans we have in this area and 23 the love of country, which is always good for us to 24 remember. That's all I got. 25 COMMISSIONER MOSER: I'm going to pass. 7 1 JUDGE KELLY: Okay. I'll share that we've 2 had a lot of activity this past week or two with regard 3 to our Juvenile Detention Center, which most of you know 4 we closed about a year and a half ago. I don't know 5 what's going on in Austin, but something's afoot and 6 they're talking to us, so that's good news, and we look 7 forward to continuing those negotiations. 8 COMMISSIONER LETZ: I don't think I really 9 have anything this morning. Just other busy as normal 10 things. 11 COMMISSIONER HARRIS: All right, I'd like 12 everybody to know that Hunt Volunteer Fire Department 13 will be having their annual fund raiser April 6th, 14 that's a Saturday, and it's always a good time. A good 15 meal and good fellowship. So come out and support them 16 if you can. 17 JUDGE KELLY: Okay, with that then we'll 18 call the first item on the agenda, which is item 1.1 19 consider, discuss and take appropriate action on the 20 order authorizing the issuance, sale and delivery of 21 $2,105,000.00 in aggregate principal amount of Kerr 22 County, Texas Combination Tax and Surplus Revenue 23 Certificates of Obligation, Series 2019, which is the 24 Center Point/East Kerr County Wastewater System Project, 25 to be purchased by the Texas Water Development Board, 8 1 securing the payment thereof by authorizing the levy of 2 an annual ad valorem tax and a pledge of certain surplus 3 revenues of the County's Parks System, and approving and 4 authorizing the execution of a paying agent/registrar 5 agreement, an escrow agreement, and all other 6 instruments and procedures related thereto. 7 Commissioner Moser and Letz. 8 COMMISSIONER LETZ: I think this is the 9 final phase of the project -- not final. It's the 10 second or -- final or second? 11 COMMISSIONER MOSER: Final. 12 COMMISSIONER LETZ: Final phase of it, 13 hopefully anyway. And I'm going to turn it over to 14 Dusty and Tom Spurgeon. Mr. Traylor, our financial 15 advisor, and Tom Spurgeon, our legal counsel. 16 COMMISSIONER MOSER: I have to say one thing 17 since this is the last time we're going to do a CO on 18 this sewer system. I've said it before but I'll say it 19 again just for the record. CO's are not the best way to 20 do it, but CO's, Certificates of Obligation are 21 necessary for something like this just because of the 22 timing. When we get a grant from the Water Development 23 Board like this is and the next agenda item we have got 24 to come forward with our portion, and if we don't we 25 don't get the grant, so I think that that's important to 9 1 recognize; otherwise, we would take the time and go for 2 a bond on something this large probably, but that's not 3 an option, so -- 4 COMMISSIONER LETZ: One other comment just 5 in general, a little bit confusing, and I think that 6 Dusty and Tom are going to go through how there's grants 7 and there's loans as well. But out of this overall 8 project which was about 63 million, about 82, 83 percent 9 of it, I think that's a correct number, is done by 10 grants. So proportionately it's about 15 to 18 percent 11 of it has been done with local funds, with the majority 12 of that are being paid by the people that are being 13 hooked up, and a portion of is paid by tax payers as a 14 whole. 15 JUDGE KELLY: And with that, I'm going to 16 recognize Dusty Traylor. If you would identify yourself 17 and Mr. Spurgeon so that the people in the room who's 18 here to help us on this today. 19 MR. TRAYLOR: Thank you, Judge, and 20 Commissioners. Again for the record my name is Dusty 21 Traylor, I'm the Managing Director of RBC Capital 22 Markets. We have the honor and privilege of serving 23 Kerr County as financial advisor. And also with me this 24 morning is Tom Spurgeon. Tom is with McCall, Parkhurst 25 & Horton who has the opportunity to serve the County as 10 1 bond counsel. 2 So before you this morning is the item of 3 approving the Certificates of Obligation from the Texas 4 Water Development Board in the amount of $2,105,000.00. 5 And as you guys have discussed this is what we believe 6 to be the last and final installment of Certificates of 7 Obligation to be issued for the East Kerr/Center Point 8 Wastewater Treatment Program out there that has been 9 financed with you guys in conjunction with the Texas 10 Water Development Board as significantly either grant 11 agreements from the Water Board, or loan forgiveness 12 agreements from the Water Board and then also with some 13 combinations of some Certificates of Obligations that 14 have been issued. 15 Commissioner Moser, as you pointed out 16 whenever you receive an award or finance from the Texas 17 Water Development Board, that award from the Water Board 18 usually carries with it a requirement that you take down 19 or execute the actual award of the instrument to be used 20 to sell bonds within a six-month time frame. And that 21 correlates very, very well with the Certificate of 22 Obligation given the state constraints on when you can 23 hold a bond election to sell similarly secured 24 securities. So working with the Water Board using the 25 Certificate of Obligation tends to be the way to go for 11 1 the County to use this kind if financial instrument. 2 In this particular case in the Series 2019, 3 these are the Certificates of Obligation through this 4 thing are through the EDAP Program, so the Certificates 5 of Obligation are in the amount of 2.105 million, and 6 they carry an interest rate, fixed interest rate, over 7 their 20-year term of a 3.17 percent, okay, but you also 8 need to keep in mind that that is in conjunction with 9 the grant agreement that will be before the Court this 10 morning as well from the Water Board in the amount of 11 11.27 million dollars. And that carries with it of 12 course no interest rate, right, so that's a grant from 13 the Water Board. 14 I want to kind of walk us through a little 15 bit of the some of the other, kind of the history of 16 these grants and agreements that have been put into 17 place in regard to this project. On page 4 of the 18 handout that I provided to you, we least out the various 19 loan or certificates of obligations that the Court has 20 entered into along with what we believe to be all of the 21 grants and loan forgiveness items that you have. On the 22 left column there on page 4, we have issued -- once this 23 issuance is approved, a total of 12.3 million dollars in 24 Certificates of Obligation, dating back to the 2012-A's 25 which were issued for planning and design. Now, I 12 1 believe we also had grants and loan forgiveness totaling 2 about forty and a half million dollars, and there may be 3 one that I do not have, and if we don't we can be 4 corrected on that. 5 But you can see there is a very, very 6 healthy mix between what is being really provided from 7 the Board and the terms of grant loan forgiveness type 8 items as compared to a much smaller percentage of the 9 county loan borrowings. 10 If you would turn with me to page 6. Page 6 11 has got various debt service schedules on it, and a 12 hypothetical debt service schedule for what a full blown 13 borrowing would have looked like had the County gone out 14 and done a financing of this type completely on its own, 15 using open market rates, not having any grant or loan 16 forgiveness type items. And if you look at the number 17 at the very bottom right of the page that sums up the 18 total. Had we gone out and issued this full blown 19 project through the course of just the county's own 20 borrowing, without grants, it would have cost us an 21 additional 74.2 million dollars over the life of the 22 project. So all in all while we're doing certificates 23 of obligations and things of that like, the process that 24 you guys have diligently gone about to implement this 25 project over the course of many many years is ultimately 13 1 saving millions and millions of dollars on the project 2 throughout the life. 3 COMMISSIONER MOSER: I might add that this 4 is Texas Water Development Board grants and Certificate 5 of Obligation related to that. Just we should recognize 6 also -- not part of this objective this morning though, 7 but Texas Department of Agriculture in this project is 8 about five million dollars, I think. And that too is 9 just a grant, so that's connecting a lot of low income 10 homes to the sewer system, which the Water Development 11 Board is implementing. So good deal. 12 COMMISSIONER BELEW: And the truth is it 13 wouldn't have gotten done at all without the grant. 14 COMMISSIONER MOSER: Oh, no. No. 15 COMMISSIONER BELEW: Because you can see 16 here we couldn't have afforded that. 17 COMMISSIONER MOSER: Right, precisely. 18 MR. TRAYLOR: In terms of functionality, I 19 may let Tom come up and make a presentation as it 20 relates to the function from this point forward with 21 regards to the funding through the Texas AG's office as 22 well as in the escrow process for the funds coming into 23 the County. But that concludes my presentation. I'll 24 answer any questions after Tom's presentation. 25 MR. SPURGEON: Very good. Gentlemen, good 14 1 morning. I'm Tom Spurgeon with McCall, Parkhurst & 2 Horton in San Antonio, and I've been your bond counsel 3 for nearly 30 years. It's been my pleasure love. I 4 always love coming up here. 5 To kind of sort of close the circle, if you 6 will, the acts that you are taking with this item, 7 because your next item's going to be related to the 8 grant agreement. But with this item what you're 9 approving is the actual instruments of the CO's. As 10 Dusty mentioned this is really the fourth issue that 11 you've passed for purposes of the issuance of debt with 12 respect to that new sewer system out there. 13 There's a couple peculiarities about this, 14 if you will. Number one, if you noticed in the caption 15 itself it refers to pledging a portion of the surplus 16 revenues of your park system. That sounds unusual. You 17 don't actually have any net revenues in the park system. 18 But to clarify why that is being done in the first place 19 is there's a provision under texas law that says if you 20 issue a CO, which is in almost all cases it's pledged or 21 secured with ad valorem tax. But if you also attach a 22 revenue pledge that can be pledged to some other sort of 23 debt, you're able to sell these bonds with what we call 24 for cash as opposed to going through a very convoluted 25 system that no one's ever done for the last 30 years or 15 1 so. Counties don't have a lot of revenue sources that 2 can be pledged. But you do have some park revenues, and 3 so we have used this for the county actually for quite a 4 few years with -- in terms of formally pledging surplus 5 revenues of the park systems even though we never ever 6 use park systems for this purpose. 7 So in this case in these Certificates of 8 Obligation for 2019 plus the others that have been done 9 in connection with the water -- or with the new 10 wastewater system, there is language in the document 11 itself that will provide for setting of rates that will 12 be charged to the customers that will be using the sewer 13 system. And some or all of those revenues will be used 14 to actually end up paying the debt service on this. But 15 you don't have any operating revenue system yet, we had 16 to find another source to do that. And I just kind of 17 wanted to mention that as a clarification as to why that 18 looks a little bit unusual. But eventually you will be 19 levying rates and receiving revenues from the system. 20 It'll pay for maybe all or at least a portion of both 21 the revenues -- or I'm sorry, the expenses and the debt 22 service on the CO's, and the prior CO's over time. 23 COMMISSIONER BELEW: Can I ask a question? 24 MR. SPURGEON: Yes, Sir. 25 COMMISSIONER BELEW: Is there a point at 16 1 which the transition is made? Is there something that 2 triggers that, or it -- 3 MR. SPURGEON: It's really once the system 4 becomes operational, and then you will be setting rates 5 appropriately for -- and I think -- I mean to cover both 6 your operation and maintenance cost of the system, and 7 to cover debt service. Now, there may still be some 8 long-term intention of county will assisting with the 9 payment of debt service. Your only obligation under 10 these is a levy of tax for the payment of a debt 11 service, so that a lot of that is going to be done, I 12 think, in some future decision as to how much your rates 13 will be, charge and things like that. But none of that 14 really gets -- you don't start collecting that until the 15 system actually gets going. 16 COMMISSIONER MOSER: Part of that's like 17 about fifty, fifty-five dollars a month that includes 18 maintenance, operation and debt service. Best estimate 19 right now. 20 MR. SPURGEON: Very good. And in terms of 21 what happens from here and once you pass this, the order 22 itself today, our procedures are that -- and by law we 23 have to send all of this to the Attorney General's 24 Office. They actually approve it for purposes of the 25 Texas law. And then at closing, slight difference in 17 1 doing a Water Development Board deal versus doing an 2 open market transaction. All of the proceeds will be 3 received from the Water Development Board on the day of 4 closing. But it goes into an escrow account; it doesn't 5 literally go into your construction fund yet. And you 6 go through a process with the Water Development Board, 7 and as construction progresses you will make 8 requisitions to the Water Development Board, and they 9 will release a certain amount of money from escrow that 10 goes into the construction fund, then you use it to pay 11 your vendors, and your contractors, etc. So it's 12 slightly different. If this was an open market deal, it 13 would have gone directly into the county construction 14 fund, and at that point you totally control those funds, 15 but with the Water Development Board participation they 16 still have oversight on wanting to be sure that the 17 construction is progressing the way it's supposed to. 18 COMMISSIONER MOSER: Kind of like a ten step 19 process. It starts with the contractor, then the design 20 engineer, then the Project Manager, Charlie Hastings, 21 then Jonathan, myself, and the Judge and then to the 22 Water Development Board and say please give us some of 23 our money out of the escrow account. So it's a cash 24 flow thing that thanks to James, he keeps our head above 25 water on that. 18 1 JUDGE KELLY: I have a question back to the 2 pledge of the park systems surplus revenue. Is that to 3 make these bonds more secured? 4 MR. SPURGEON: No, Sir, it does not. 5 JUDGE KELLY: What's the real purpose for 6 it? 7 MR. SPURGEON: It's done really to satisfy 8 provision of the state law. In the CO Act, which was 9 literally passed back in 1971, there's a -- the original 10 Act said that -- well, it still says that if you are 11 selling these, if you don't have a revenue pledge 12 attached to it then you have to kind of go through a 13 very convoluted sale process where -- and I remember 14 doing this when I started with my firm in 1981. I 15 remember seeing this in a few rural areas where you had 16 to have a sort of arrangement with the local bank that 17 would buy the CO's, but they would buy them in 18 installments, and you would submit an invoice and that 19 invoice would the be essentially turned into cash to pay 20 the vendor and things like that. There's a provision in 21 the law that says if the CO's are pledged not only with 22 taxes, but with a revenue source where the issuer has 23 the authority to pledge that for any other debt. 24 JUDGE KELLY: Although insignificant. 25 MR. SPURGEON: Although insignificant. Even 19 1 in this case negative, and the Attorney General 2 recognizes that. I mean you literally have negative 3 revenue. When you look at your total revenues of a park 4 system versus total expenses, they're negative. 5 JUDGE KELLY: So all we're really doing 6 is -- the reason we're doing it is just to make these 7 CO's more marketable. 8 MR. SPURGEON: That's right. To be able to 9 sell them for cash so that you receive all the proceeds 10 at one time instead of going through a very convoluted 11 system that just frankly doesn't work. It's probably 12 one of those things that the Legislature should fix, 13 eliminate, if you will. 14 JUDGE KELLY: I understand. I just wanted 15 to make sure when I get some questions I need to be able 16 to explain the reason we're pledging something that 17 doesn't count, but we have to do it in order to be able 18 to sell these certificates. 19 MR. SPURGEON: That's exactly right. Now, 20 if the system had been running, up and running, we would 21 have pledged surplus revenues of your wastewater system, 22 but since we didn't have that when we started going 23 through the CO process, in fact we still don't have 24 that, we don't really have the legal ability to pledge 25 that. Now, we have language in all of those CO 20 1 ordinances that does provide for the use of those 2 revenues even though they're technically not pledged. 3 But it actually obligates the County to be levying, or 4 assessing, or establishing rates and charges for the 5 wastewater system, and things like that. But it's not a 6 formal pledge because it didn't exist at the time, so we 7 had to have something to show the Attorney General's 8 office that yes, there are county revenues that are 9 pledgeable to another source. And actually County Park 10 revenues can be pledged to county park bonds, revenue 11 bonds, but you don't have any of those, of course. But 12 that's the whole reason, Judge. 13 COMMISSIONER BELEW: Well, is this based on 14 some kind of projection or current usage, or what is 15 that based on? 16 MR. SPURGEON: No. I mean in terms of our 17 pledge? 18 COMMISSIONER BELEW: Uh-huh. 19 MR. SPURGEON: Our pledge is simply by 20 definition is a pledge of a surplus revenues of the 21 county park system. 22 COMMISSIONER BELEW: Without any defining. 23 MR. SPURGEON: No, Sir. We actually show in 24 a certificate, it's called a general certificate. So 25 again proof to the Attorney General that you have 21 1 revenues. We show what the revenues have been over the 2 last three years is what they look for, but we also show 3 the expenses. And the majority of expenses are paid 4 from your general fund. So that's where I say you're 5 going to show kind of a negative number. But that's 6 still fine because you satisfied Texas law in order to 7 be able to sell these things for cash. 8 JUDGE KELLY: So we're satisfying a 9 technicality in law. 10 MR. SPURGEON: Yes, Sir. 11 JUDGE KELLY: I want to make sure the press 12 understood what we were doing. 13 MR. SPURGEON: That's exactly right. So the 14 order today takes all the rates that Dusty has talked 15 about, takes the maturity schedule that Dusty has put 16 together, authorizes issuance of the CO's, pledges or 17 submits the obligation, if you will, of the County to 18 levy taxes for this purpose, and approves the paying the 19 registrar agreement with UMB Bank, which I think -- I 20 think UMB is fairly new to this. But you're paying it 21 to the registrar that will actually hold the money as an 22 escrow agent, and then it gets released back to you as 23 long as we go through that process with the Water 24 Development Board. And in a nutshell that's what your 25 order's doing today. 22 1 COMMISSIONER MOSER: With that I'll make a 2 motion to -- 3 JUDGE KELLY: A motion by Commissioner Moser 4 to approve the -- 5 COMMISSIONER MOSER: Well, I'm going to make 6 the motion, let me state it, okay? That is to move that 7 we authorize the issuance, sale and delivery of 8 $2,105,000.00 Certificate of Obligation for the purpose 9 of paying a portion of the cost to construct and equip a 10 new wastewater system to serve Center Point and 11 surrounding areas in the eastern portion of the county, 12 several generally known as the Center Point/East Kerr 13 County Wastewater System, and paying the cost of 14 issuance related thereto, and authorize the Judge to 15 sign same. 16 COMMISSIONER LETZ: Second. 17 JUDGE KELLY: Motion been made by 18 Commissioner Moser, seconded by Commissioner Letz. Is 19 there any further discussion? 20 COMMISSIONER BELEW: I'd like to say one 21 thing, there have been people that have basically said 22 I'm not in that part of the county, so I don't really 23 appreciate that, and I don't want to have to be paying 24 that, and things have a way of working themselves out 25 over time. This time everybody paid for something 23 1 happening over here, next time everybody will pay for 2 something happening over there. What's good for Kerr 3 County is good for all of us. 4 COMMISSIONER MOSER: And it's all about the 5 Guadalupe River, which runs through. The river runs 6 through it. 7 COMMISSIONER BELEW: So I just want to make 8 that clear to my constituents and everybody else, 9 because there's two precincts that will be helping to 10 pay for this for their neighbors. And I think it's 11 important enough that I'm voting for it. 12 JUDGE KELLY: Is there any further 13 discussion? 14 JUDGE KELLY: Okay, with that those in favor 15 raise your hand. Opposed? Passes unanimously, five 16 zero. 17 Item 1.2 on the agenda is order authorizing 18 and approving the execution of a grant agreement with 19 the Texas Water Development Board in the amount of 20 $11,270,000.00 and a related escrow agreement, and 21 authorizing other matters related thereto. 22 MR. SPURGEON: Judge, I'm just going to stay 23 up here, and Dusty's already gone through the process of 24 the Grant Agreement. This is the easier one, this is 25 the free money, if you will. But their procedures are 24 1 the same as in terms of requirements that the money goes 2 into an escrow account, and then upon satisfaction of 3 submission of invoices and things like that, money gets 4 released to pay your contractors, etc. But this action 5 would approve the Grant Agreement itself, and the Escrow 6 Agreement related to that. 7 JUDGE KELLY: Okay, any further discussion? 8 COMMISSIONER LETZ: I'll make a motion to 9 authorize and approve the execution of a Grant Agreement 10 with the Texas Water Development Board in the amount of 11 11,270,000, and a related Escrow Agreement, and 12 authorizing other matters related thereto, to be signed 13 by the County Judge. 14 COMMISSIONER MOSER: Second. 15 JUDGE KELLY: Motion been made my 16 Commissioner Letz, seconded by Commissioner Moser. If 17 there's no further discussion those in favor raise your 18 hand. Opposed? Unanimous, five zero. 19 Thank you, gentlemen. 20 MR. SPURGEON: I'm going to leave the 21 documents with Jody. 22 JUDGE KELLY: I know that you were going to 23 leave some originals. When I went through my packet, I 24 didn't have them, so you're going to leave them with 25 Jody and then we'll get them executed and back to you. 25 1 MR. SPURGEON: Get executed in the next few 2 days and we'll be good. 3 JUDGE KELLY: No. She'll wrestle me here 4 when we leave the courtroom. 5 COMMISSIONER BELEW: Thank y'all. 6 COMMISSIONER MOSER: Thank you guys. 7 JUDGE KELLY: Next item on the agenda is 1.3 8 consider, discuss and take appropriate action to accept 9 agreement for Government Collections and Compliance 10 Professional Services Software for Kerr County District 11 Clerk's Office. Mrs. Lantz. 12 MRS. LANTZ: Good morning, Judge, 13 Commissioners. I would like to request that my office 14 go into agreement with this government collections 15 software compliance company, which is actually called 16 I-PLOW. I have Mr. Walt Simpson here from I-PLOW, and 17 I'm going to turn it over to him for just a few minutes 18 so he can explain how this collection software can help 19 Kerr County collect some funds that we need to get 20 collected. 21 MR. SIMPSON: Thank you. Good morning, 22 Judge, Commissioners. My name is Walt Simpson. I'm the 23 founding partner of I-PLOW.com. We're based in San 24 Antonio, Texas. We're a 14-year old company, and we're 25 a one trip pony. We provide collections in compliance, 26 1 software, technically, and related services to counties 2 throughout Texas and Florida. Since 2005 these counties 3 have collected approximately 900 million on 1.3 billion 4 in assessments, so they're very successful. 5 At this point we're offering Kerr County the 6 opportunity to evaluate us at no cost through the rest 7 of this fiscal year, and should they deem us valuable, 8 we would then roll into an annually renewing contract 9 going forward. So that's basically what we can -- yes, 10 sir. 11 COMMISSIONER BELEW: How much of that time 12 would be used for data entry? 13 MR. SIMPSON: Which time, Sir? 14 COMMISSIONER BELEW: Between now and the end 15 of fiscal year, how long does it take? 16 MR. SIMPSON: In terms of -- right now 17 they're using -- in the District Clerk's Office she's 18 using a spread sheet, so she's doing that. We intend to 19 convert the spread sheet with the preexisting data into 20 our format. Then ideally we can share information with 21 your case management provider. We do that. We're in 40 22 counties throughout the state. We interface or exchange 23 data with multiple case management system providers like 24 Odyssey, Tyler Technologies. There's just a numerous 25 amount of third party vendors that we share information, 27 1 so if we can get the case and/or receive information in 2 electronic format, we can import that and completely 3 remove the data entry portion of entering cases and 4 manually touching each case to try to determine who's 5 paid, who hasn't, who needs a letter, who needs a card, 6 who needs a call, who needs a text. We can do all that 7 automatically. We evaluate every case every night to 8 follow the rules of the Clerk or the Court. And 9 essentially we queue up whatever the next task is, and 10 when she goes to print letters or cards she just hits 11 the print button. And it prints all the letter needs 12 based on the financial information that's previously 13 been recorded. 14 COMMISSIONER BELEW: So it will happen 15 almost simultaneously? 16 MR. SIMPSON: Yes, that's correct. 17 COMMISSIONER BELEW: And so it reads what we 18 already have and transfers it into your software? 19 MR. SIMPSON: That's correct, yes, Sir. 20 COMMISSIONER MOSER: So, Dawn, that type of 21 software you do not have right now? 22 MRS. LANTZ: No, Sir, we don't. 23 COMMISSIONER MOSER: So you just use a 24 manual spread sheet? 25 MRS. LANTZ: Everything is manual. And what 28 1 we're having issues with right now is Miss Lyle can only 2 get into that spread sheet, because we can't allow 3 anybody else to get into it to jeopardize anything, 4 because if we lose any of that data, then we have 5 nothing. So she keeps a manual spread sheet, updates it 6 every day, and she has to go one by one, and this is 7 pages, and pages and pages. 8 COMMISSIONER MOSER: Are there other 9 software companies that provide this same service? 10 MRS. LANTZ: I'm going to let Miss Lyle get 11 up because she's been trying to get this software in 12 place for quite a while, and it's probably one of the 13 best known with the collections for Government 14 Collections and -- 15 COMMISSIONER MOSER: She's got a pretty good 16 track record. 17 MRS. LANTZ: Yes. And what we're doing 18 right now is we haven't even touched our civil end. So 19 I have another clerk, if we get this software, we're 20 collecting 90 percent is on criminal, this will allow us 21 to touch that civil end, which she's spending most of 22 her time updating the spread sheet which the system will 23 allow her to then just get in there. 24 COMMISSIONER MOSER: So back to the 25 question, are there other people that provide -- 29 1 MRS. LANTZ: I'm sure there are, I don't 2 know. 3 COMMISSIONER BELEW: Well, my question is 4 how do you backup? If we're not going to do that with a 5 hard copy, where are we backing it up to? 6 MR. SIMPSON: We backup online. 7 COMMISSIONER BELEW: What kind of redundancy 8 is that? 9 MR. SIMPSON: We keep a seven-day daily 10 rotation, and then a weekly rotation, and then a monthly 11 rotation, so we take care of that. That's part of our 12 responsibility with respect to providing the service, 13 because the software's a service. So we're not 14 installing software on her desk top, or into your 15 network; all the technology and infrastructure is hosted 16 by us. 17 COMMISSIONER BELEW: So then we wouldn't 18 have our own data in here, we'd have it online? 19 MR. SIMPSON: That's correct, yes, Sir. 20 COMMISSIONER BELEW: I don't know that I 21 like that. I like to have some kind of a copy of it 22 here. 23 MR. SIMPSON: We can provide a copy, yes, 24 Sir. 25 COMMISSIONER BELEW: I think that would be 30 1 good. 2 MRS. LANTZ: We're just trying to move it 3 forward where everything is more feasible where 4 everything is more feasible for all of the clerks. 5 COMMISSIONER BELEW: I understand your 6 problem, but I also understand what would happen if his 7 company caught on fire tomorrow. We need to have all of 8 our stuff here, too. 9 MR. SIMPSON: And we have on-site and 10 off-site storage and backup for emergency services. 11 Also, Dawn makes an excellent point that our initial 12 assist was civil and criminal courts, but now we have 13 counties that are using our Enterprise Collection 14 Solution. For example, Tom Green County in San Angelo 15 started using it for their library system. And they've 16 collected 365,000 in terms of either returned property, 17 or fines and fees from people. It's amazing how many 18 people don't return projectors and books and such. 19 COMMISSIONER BELEW: Amazing that many 20 people in Tom Green County go to the library. 21 (Laughter.) 22 COMMISSIONER BELEW: Just a joke. 23 MR. SIMPSON: For example, El Paso County, 24 they just rolled out a new process for jury contempt. 25 They're getting that money for those jurors that are in 31 1 contempt of court and such. Runnels County, which is a 2 population of ten thousand up by Abilene, they're using 3 it for victim restitution, so that we can track victim 4 restitution. So it's an enterprise solution that was 5 originally its emphasis was civil and criminal court, 6 and we've expanded it now like in Dallas County, we're 7 doing the county courts, the district courts and 8 juvenile courts. So it's completely configurable to the 9 policies of the department, the county, and any 10 legislative mandates. 11 At one point, I believe Kerr County was 12 mandated by the Office of Court Administration based on 13 population, but now they raised the level to a hundred 14 thousand, so you're not mandated, but our software is 15 OCA compliant, and all of our customers have a hundred 16 percent success rate with respect to the audits. 17 COMMISSIONER MOSER: One other question, if 18 I may. You mentioned the collection bills that were 19 outstanding, we'll call them bills, okay? And you 20 collected -- it was 1.3 million, I think, you said, and 21 900,000, so you collected about 70 percent, something in 22 that neighborhood. 23 MR. SIMPSON: Across the state, probably 24 between 70 and 80 on percent. 25 COMMISSIONER MOSER: Between 70 and 80, so 32 1 is that kind of standard with this type of service and 2 the software associated with it? 3 MR. SIMPSON: There really is no standard, 4 Sir. 5 COMMISSIONER MOSER: Well, the standard with 6 your competitors, let's put it that way. 7 MR. SIMPSON: I really couldn't answer. I 8 don't know what their rates are. It is all relative to 9 how the courts particularly model their collections. 10 Some are fairly aggressive. If you miss a payment, you 11 get a demand letter or demand card, you miss that 12 payment, you get -- if you miss that, we queue up a 13 record for OMNI to suspend your driver's license. 14 Other courts are more light hearted. They 15 may send a card, wait 30 days, send a letter, and maybe 16 let it roll out and eventually issue a capias for 17 warrant. It's just very difficult to paint with broad 18 strokes. 19 COMMISSIONER MOSER: One other 20 clarification. You said starting with -- or Dawn did, I 21 can't remember who. That you would let the District 22 Clerk use this for the rest of this year at no cost, and 23 see how you like it. 24 MR. SIMPSON: That's correct. 25 COMMISSIONER MOSER: So that's good, okay? 33 1 MR. SIMPSON: Yes, Sir. 2 COMMISSIONER MOSER: Now, when you get down 3 to the -- and we'll do that in the budget, next budget 4 year, Dawn will be back and say yeah, I love this stuff, 5 and this is what it's going to cost and here's how much 6 we're going to save by doing it, or more we could 7 collect. 8 MR. SIMPSON: Yes, Sir. 9 COMMISSIONER MOSER: But in the meantime, I 10 think it would be good to have the District Clerk look 11 to see if there's a better mouse trap, okay? Is there 12 anybody else that does this that do it any better. 13 Since you're getting to use this at no cost, certainly 14 you get to experience it. But there may be somebody 15 else out there that can also do it. 16 MR. SIMPSON: If you like, we could charge 17 you for it right now. 18 COMMISSIONER MOSER: I'm not saying that. 19 I'm not saying that. But somebody comes to sell 20 something, is there a better deal? And that's a 21 legitimate question. 22 MS. LANTZ: Commissioner Moser, I'm going to 23 let Miss Lyle come up here. She's been collecting for 24 the County over 20 years. She's been out there, she's 25 seen it, she knows what's there. So she's kind of been 34 1 evaluating these different -- 2 COMMISSIONER MOSER: Okay. Oh, so looking 3 at others, okay. 4 MRS. LANTZ: Yes. 5 COMMISSIONER MOSER: Okay, perfect. 6 MRS. LANTZ: So this is what she felt like 7 best fits our needs for Kerr County where we can start 8 getting collections coming in. So, Terry, come on up. 9 MS. LYLE: Good morning. So every year that 10 I attend my collectors conference, I do not know of 11 another collections program that is available, or that 12 is available that has the success rate that I-PLOW 13 presents. 14 COMMISSIONER MOSER: So you've done what I 15 was suggesting that we -- 16 MRS. LYLE: Yes, Sir. And I have been in 17 attendance for ten years to the same collections 18 conference, and there is no other program that I know of 19 that will customize to our procedures. It's not a one 20 thing for the whole State of Texas that everybody's 21 going to use this program. It is customizable to what 22 we want. If our policies and procedures change, they 23 will change according to what we change. 24 COMMISSIONER MOSER: You answered my 25 question. Forget what I just said. You looked at all 35 1 the rest of them. You've already done it. Good, thank 2 you. 3 MS. LYLE: Yes, Sir. 4 COMMISSIONER HARRIS: Tom kind of hit on all 5 the questions I have, that you try it on for the rest of 6 the fiscal year. And then it's $5,650.00 a year and -- 7 MR. SIMPSON: A year for ten concurrent 8 licenses, yes, Sir. And you can use those licenses that 9 the District Clerk can use them all. She could provide 10 a license to -- or licenses to the District Clerks, to 11 probation, parole. 12 One of the things that we were talking about 13 that has been really successful, and Tom Green is a 14 perfect example, is they provided a license or two to 15 their parole and probation officers, so when those 16 probationers and parolees report on a monthly basis, if 17 they're in default on their fees, fines and court costs, 18 it gives the probation officer and parole officer an 19 opportunity to encourage the person to pay. So what 20 happens is parole and probation becomes an extension of 21 collection. It's been very successful. 22 MRS. LANTZ: And we would offer the County 23 Clerk if she's interested in this, we'd offer some of 24 the licenses so she can get that established in her 25 office as well. 36 1 COMMISSIONER BELEW: Is a different license 2 for each office that uses it? 3 MR. SIMPSON: No, Sir. We license it, it's 4 based on one system administrator. Now, in Dallas 5 County there are three separate implementations, because 6 they all want -- the District Clerk wanted a silo of 7 information. She didn't want to share information with 8 anyone else. We did the same thing thing with the 9 County Clerk. Now, we discount for additional 10 implementations in the County. But no, it's one 11 collective data base with the shared names and such. 12 It's up to y'all, the District Clerk, the County Clerk, 13 the JPs, they could all access the same information. 14 And we offer additional licenses if need be. 15 COMMISSIONER HARRIS: There would be a 16 training session or something? 17 MR. SIMPSON: We do online remote training, 18 yes, Sir. 19 COMMISSIONER BELEW: See, I'm thinking if 20 it's that good you oughta be charging a percentage 21 instead of a flat fee. 22 MR. SIMPSON: It's a difficult sell to come 23 into the county and say well, we want a percentage of 24 this. And we've always offered a flat rate based on 25 tiered population. Dallas County pays more than Kerr 37 1 County would pay even though it's the same solution, the 2 same software, the same services. For us it was a way 3 to mitigate taxpayer value. We wanted to maximize tax 4 payer value so smaller counties pay less, even though 5 they have the same basic requirements as Dallas County, 6 Bexar County, El Paso. It's the same problem so we 7 scaled the pricing to make it palatable. 8 MRS. LANTZ: And I had -- the County 9 Attorney has reviewed the contract. I did send it to 10 her. 11 MRS. STEBBINS: I do have a question though. 12 Harley asked if they could provide the County with a 13 backup of -- 14 COMMISSIONER BELEW: Of a backup, our own 15 backup. 16 MRS. STEBBINS: So I would like to include 17 that in the Duties of the Company Section IV of the 18 agreement. If we could just add that, we can -- 19 MR. SIMPSON: We'll try to determine what 20 format, whatever's convenient for you all. 21 MRS. STEBBINS: I just want that to be met 22 in the agreement. 23 COMMISSIONER BELEW: Thank you. 24 MR. SIMPSON: Okay. 25 COMMISSIONER HARRIS: Well, providing that 38 1 we get that, I move that we try this and accept an 2 agreement for Government Collections and Compliance 3 Professional Services Software for Kerr County District 4 Clerk's Office, and have the Judge sign the same. 5 COMMISSIONER LETZ: Second. 6 JUDGE KELLY: It's been moved by 7 Commissioner Harris, seconded by Commissioner Letz. Is 8 there any further discussion? Those in favor raise your 9 hand. Unanimous, five zero. Thank you. 10 COMMISSIONER MOSER: Have a safe trip south. 11 JUDGE KELLY: Don't go away, Miss Lantz. 12 Item 1.4 consider, discuss and take 13 appropriate action to approve contract with UBEO 14 Business Services for printer/copier service in the 15 District Clerk's Office. Miss Lantz. 16 MRS. LANTZ: I am just bringing this before 17 the Court to renew a contract. I need two copy machines 18 in my office as well as printers. I'm on the verge of 19 spending about $600.00 in toner today, so I would rather 20 go ahead and try to get the contract approved that was 21 brought to me, I guess, a month or two ago with UBEO. 22 COMMISSIONER BELEW: If we vote on this, we 23 save $600.00 today? 24 MRS. LANTZ: Yes. Because I have to order 25 toner. 39 1 COMMISSIONER BELEW: That's the way 2 everybody should do it. I just want all of you to take 3 note when you come up there. First, tell us how much 4 money you're saving the County, and them I'm going to 5 say let's give Dawn what she wants. 6 MRS. LANTZ: My office makes lots of copies, 7 and right now our biggest is with color. And when I 8 have to replace those, which is the jury summons and 9 just running those twice unloads those cartridges. So 10 you're talking three cartridges to four cartridges per 11 printer, and that's four hundred to five hundred 12 dollars. Plus we have when we do Grand Jury indictments 13 we have special paper and ink that we have to use for 14 that as well, which again doesn't last long because they 15 just have these little bitty cartridges. 16 COMMISSIONER MOSER: So UBEO is going to do 17 what for you different? 18 MRS. LANTZ: They're going to manage all of 19 my printers, where I will not have to pay for toner any 20 longer to all the kind of small printers. Plus replace 21 my Xerox machine, which is due, is up for renewal, and 22 replace that with a different copier. 23 COMMISSIONER MOSER: And is this in the 24 budget, James? 25 MR. ROBLES: I have not looked at her budget 40 1 for this. This was unanticipated, but -- 2 COMMISSIONER MOSER: So do you know, Dawn, 3 if this would be in the budget? 4 MRS. STEBBINS: Dawn, don't you have your 5 printer services budgeted on a monthly basis, and this 6 contract would have your office paying less? 7 MRS. LANTZ: Yes. 8 COMMISSIONER MOSER: So be within the budget 9 then. That's what I was interpreting, okay. Just 10 saving money relative to the budget sounds like it's in, 11 okay? 12 COMMISSIONER LETZ: All right, I make a 13 motion that we approve the contract with UBEO Business 14 Services for printer/copier service for the District 15 Clerk's Office. 16 COMMISSIONER HARRIS: Second. 17 JUDGE KELLY: Been moved by Commissioner 18 Letz, seconded by Commissioner Harris to approve item 19 1.4 for a contract with UBEO for printer/copier in the 20 District Clerk's Office. Is there any further 21 discussion? Those in favor raise your hand. Unanimous, 22 five zero. 23 MRS. LANTZ: Thank you. 24 COMMISSIONER MOSER: Thank you, Dawn. 25 JUDGE KELLY: 1.5 consider, discuss and take 41 1 appropriate action to approve invoice 8707 from Pavement 2 Markings, Inc., which is for Precincts 1 through 4. 3 MS. HOFFER: Good morning. 4 JUDGE KELLY: Is this the only thing you 5 have on the docket? 6 MS. HOFFER: It is. Isn't that surprising? 7 JUDGE KELLY: It's quite a relief. 8 MS. HOFFER: I don't know if everybody has 9 had a chance to go out and look at the new striping, and 10 I did, and it looks good. I want to keep moving in that 11 direction. When we did Sheppard Reese, and then I want 12 to say it's at the Highlands or at Bear Paw, and then 13 from there to Bear Creek there was no striping and the 14 only thing I could come ever up with is that's as far as 15 the money took it when it was last striped. 16 When he went out and gave all of the 17 measurements for each of the roads, I didn't include the 18 skips. And when I say skips, those are the sections 19 where it he intersects with another road where you don't 20 see striping. I just did a continuous line to not get 21 it down to the inch. So we decided on all of the skips 22 from all of the roads that were on that list was to see 23 how far it would take us to complete that striping on 24 Sheppard Reese and bring it all the way to Bear Creek. 25 And we did do that. And with that, we went over 42 1 $1,103.36 from the original contract. So I'm here to 2 ask the Court if they would approve payment of this 3 $1,103.36 to Pavement Markings, Inc. For the additional 4 pavement markings on Sheppard Reese Rd. under court 5 order number 37288 contract, and this is Precinct 1 and 6 4, but really for all the precincts. 7 COMMISSIONER MOSER: Kelly, I agree with 8 what you're doing, but let me ask you a question. So 9 the reason it wasn't included in the original 38 10 thousand is because there wasn't striping, that was 11 restriping, is that correct? 12 MS. HOFFER: Well, it was restriping the 13 previous striping, and we knew that we were probably 14 going to have -- we'd be under from the cost because of 15 the skips, so in order to make sure we weren't giving 16 anything away because of the skips, we took all of our 17 skips and added them and just go from there. 18 COMMISSIONER MOSER: I got that. But this 19 section was not striped, so that's the reason it was not 20 included in the original, that's my question. So I move 21 for approval? 22 COMMISSIONER HARRIS: This is the company 23 you went shopping for and saved us a bunch of money from 24 the original -- 25 COMMISSIONER MOSER: Saved $12,000.00. 43 1 MS. HOFFER: It was 50 percent less. 2 COMMISSIONER HARRIS: Exactly. And I know 3 in talking to you you're very pleased with the quality 4 and everything, so I'll second. 5 JUDGE KELLY: Okay, it's been moved by 6 Commissioner Moser, seconded by Commissioner Harris to 7 approve Pavement Markers, Inc. invoice. Is there any 8 further discussion? Those in favor raise your hand. 9 Opposed? Unanimous, five zero. 10 MS. HOFFER: Thank you. 11 JUDGE KELLY: Thank you. Item 1.6 consider, 12 discuss and take appropriate action for the Court to set 13 a public hearing for 9 a.m. on May the 13th, 2019 for a 14 revision of plat for Pecan Valley No. Two, Lots 20, 21 15 and 22, Volume 4, Page 193, Precinct 2. Charlie 16 Hastings. 17 MR. HASTINGS: Thank you. This proposed 18 revision of plat revises Lots 20, 21, and 22 into two 19 lots, Lot 20R, 7.4 acres and Lot 22R, 3.45 acres. The 20 minimum lot size is one acre, so we're good there. 21 Access to Lot 20R will be on the existing Doss Drive, 22 and access to Lot 22R will be on the Lesikar Lane. 23 There is public water available, they're going to be 24 using septic system. No floodplain, no proposed road. 25 This is just combining three lots into two. 44 1 The Engineer requests the Court set a public 2 hearing on May 13th, 2019 for a revision of plan for 3 Pecan Valley No. Two, Lots 20, 21, and 22, Volume 4, 4 Page 193. This is Precinct 2. 5 COMMISSIONER MOSER: Move for approval. 6 COMMISSIONER LETZ: Second. 7 JUDGE KELLY: Been moved by Commissioner 8 Moser, second by Commissioner Letz to set a public 9 hearing for Pecan Valley No. Two, Lots 20, 21, and 22. 10 Is there any discussion? Charlie, is there any reason 11 not to do this? 12 MR. HASTINGS: No, Sir. 13 COMMISSIONER MOSER: It's a public hearing. 14 JUDGE KELLY: So those in favor raise your 15 hand. Unanimous, five zero. Thanks. 16 Next one is 1.7 consider, discuss and take 17 appropriate action for the Court to waive platting 18 oversight and approval for an Amending Plat of The 19 Homestead at Turtle Creek, Lots 19 and 20, Volume 6, 20 Page 309 in Precinct 2. Mr. Hastings. 21 MR. HASTINGS: Thank you. These lots are 22 located in the Kerrville extra territorial jurisdiction 23 and would typically be platted through both the City of 24 Kerrville and County Kerr County simultaneously; 25 however, in an effort to be more efficient and save 45 1 owner dollars, there is a request to only plat this 2 property through Kerrville and for the Court to waive 3 their right to oversight and approval of the plat. 4 The owner wishes to combine Lots 19 and 20 5 into Lot 19-R, 4.45 acres. Access is off the existing 6 Saddle Club Drive. The County Engineer recommends that 7 the request be granted. 8 So the County Engineer requests the Court to 9 waive amending plat oversight and approval for The 10 Homestead at Turtle Creek, lots 19 and 20, Volume 6, 11 Page 309, Precinct 2. 12 COMMISSIONER MOSER: Move for approval. 13 COMMISSIONER BELEW: Second. 14 JUDGE KELLY: Okay, been moved by 15 Commissioner Moser, second by Commissioner Belew to 16 approve the replatting The Homestead of Turtle Creek. 17 Is there any further discussion? Those in favor raise 18 your hand. Unanimous, five zero. 19 1.8 consider, discuss and take appropriate 20 action for the Court to approve a final plat for Blue 21 Ridge Ventures in Precinct 4. 22 MR. HASTINGS: Thank you. This subdivision 23 proposes to two commercial lots with a shared fire lane 24 between them. It is within the ETJ of Kerrville. The 25 concept plan for this subdivision was approved on 46 1 February 25, 2019 by Order No. 37322, at which time the 2 smallest lot was under five acres. It has been modified 3 so that the smallest lot is now 5.01 acres. Since both 4 lots are over five acres, 5.01 and 9.65, the City of 5 Kerrville has no platting authority. Access to both 6 lots will be off of Blue Ridge. 7 County Engineer requests that the Court 8 approve the final plat for Blue Ridge Ventures, Precinct 9 4. 10 COMMISSIONER HARRIS: I move for approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE KELLY: Commissioner Harris has moved, 13 and Commissioner Letz seconded the approval of the plat 14 revision. Is there any further discussion? 15 COMMISSIONER LETZ: I have a question. Is 16 the fire lane was a cul-de-sac, is that just -- I 17 mean -- 18 MR. HASTINGS: It would be similar to if you 19 had a parking lot like say HEB and they've got a fire 20 lane, same type of deal, so -- 21 COMMISSIONER LETZ; It's not required by our 22 rules. I mean -- 23 MR. HASTINGS: We don't require it. 24 COMMISSIONER LETZ: They're just doing it 25 because they think it's a good idea to do it. 47 1 MR. HASTINGS: Yes. 2 JUDGE KELLY: Charlie, we had somebody in 3 here not too long ago talking about a different way to 4 do this. Instead of doing a cul-de-sac to do the back 5 up and turn around. 6 COMMISSIONER MOSER: A "T". 7 MR. HASTINGS: A T-Head. 8 JUDGE KELLY: Has the Engineering Department 9 looked into which way is the better way to go with that? 10 MR. HASTINGS: No, we haven't. And the 11 individual that suggested that said he would get me some 12 documentation. I have not received that yet. 13 JUDGE KELLY: Okay. Just asking. Any 14 further discussion? Those in favor raise your hand. 15 Opposed? Unanimous, five zero. 16 Item 1.9 consider, discuss and take 17 appropriate action for the Court to authorize the County 18 Engineer to proceed with the submission of updated Flood 19 Insurance Rate Maps prepared by Kendall County for a 20 portion of Cypress Creek in the vicinity of Bartel Road 21 and Gaddis Bluff Road, Precinct 3. 22 MR. HASTINGS: The Kendall County 23 Engineering Department is in the process of updating 24 Flood Insurance Rate Maps for Cypress Creek in the 25 Comfort area, and their analysis and data extend into 48 1 Kerr County. They have asked if Kerr County would like 2 for our maps to be included in the proposed changes 3 being submitted to FEMA. This would affect 4 approximately 1 mile of Cypress Creek starting at Bartel 5 Road and extending north along Gaddis Bluff Road in 6 Precinct 3. This area is currently unstudied, Zone A. 7 The proposed would include delineation of the 8 floodplain, floodway, and establishments of elevations, 9 basic flood elevations. The County Engineer recommends 10 that the Court -- or well hold on a second. I've got 11 one more thing to say. The preliminary floodplain maps 12 provided by Kendall County, in my opinion, appear very 13 reasonable. It's what I would expect if you were to 14 study the area to see how it's changing. There's a 15 little give and take if you look at it. 16 If authorized by Kerr County, Kendall County 17 will proceed with a detailed study at which time it 18 would be reviewed by the Kerr County Engineer and 19 brought back to the Court for final approval. So if you 20 allow them to proceed today with doing detailed study, 21 I'll get a chance to look at it and bring it back to you 22 at a future date before it's submitted to FEMA. 23 The County Engineer recommends that the 24 Court authorize Kendall County to proceed with a flood 25 study for a portion of cypress Creek in the vicinity of 49 1 Bartel Road and Gaddis Bluff and the Count Engineer 2 shall return to the Court for final approval at the 3 appropriate time. Precinct 3. 4 COMMISSIONER LETZ: And this is at no cost 5 to Kerr County, correct? 6 MR. HASTINGS: Correct. 7 COMMISSIONER LETZ: Move for approval. 8 COMMISSIONER BELEW: Took my question. 9 Second. 10 COMMISSIONER HARRIS: Second. 11 JUDGE KELLY: It's been moved by 12 Commissioner Letz, seconded by Commissioner Harris to 13 approve the Floodplain Insurance Rate Maps prepared by 14 Kendall County for a portion of Cypress Creek in the 15 vicinity of Bartel Road and Gaddis Bluff Road. Any 16 further discussion? 17 COMMISSIONER LETZ: I'll make a comment 18 that -- I mean, this is something that probably needs be 19 done even if we had to pay for it. That portion of 20 Cypress Creek really floods severely because of backing 21 up from the Guadalupe River. So it's something that 22 needs to be done, and it's a great way to get it done 23 especially at no cost to us. 24 JUDGE KELLY: Any further discussion. Those 25 in favor raise your hand. Unanimous, five zero. 50 1 We've got a break coming up here in just a 2 minute. I notice we've got two other items on the 3 agenda that don't involve Kerr County staff. 4 Item 1.12, let's take that out of order. 5 That's consider, discuss and take appropriate action to 6 approve a Proclamation to declare May 2, 2019 "National 7 Day of Prayer", and allow use of the courthouse grounds 8 from 12 p.m. to 1 p.m. on that day. David Danielson. 9 MR. DANIELSON: Yeah. David Danielson. On 10 behalf of the Kerrville Ministerial Alliance, back again 11 asking for your blessing in corporation with us. And 12 the amazing thing, it's a gift to us to be able to use 13 the courthouse for the national day of prayer. All over 14 the country it will be taking place all over the central 15 time zone people praying at the same time. So once 16 again we'll plan the same kind of meeting, and any of 17 y'all that can be there, we appreciate your attendance. 18 And we'll do the signing, and prayer and pledge, and 19 then these things, and break into small groups and pray 20 for an hour for our community. This year I think -- 21 every year they come up with a new theme. I think this 22 year is love one another. If we do that that will take 23 care a lot of stuff that's going on in our community. 24 COMMISSIONER LETZ: Move for approval. 25 COMMISSIONER BELEW: Second. 51 1 JUDGE KELLY: Okay, we've got a motion by 2 Commissioner Letz, seconded by Commissioner Belew to 3 approve the National Day of Prayer and use of the 4 courthouse on May the 2nd at 1 o'clock. Is there any 5 further discussion? Those in favor raise your hand. 6 Unanimous, five zero. 7 MR. DANIELSON: Thank you, Sir. 8 JUDGE KELLY: I didn't want you to have to 9 wait through the break. 10 MR. DANIELSON: I appreciate that. Thank 11 you. You have a great day. 12 JUDGE KELLY: Okay, let's take one other 13 item before the break. I think I saw somebody come in 14 from Computer Information Concepts. 15 MR. REEVES: That's me, Judge. 16 COMMISSIONER BELEW: We have the gentleman 17 from the 4-H here. 18 JUDGE KELLY: That's a timed event, and I'm 19 not able to advance you before the break. So let's go 20 ahead and knock one more out before the break, and that 21 would be item 1.10 consider, discuss and take 22 appropriate action to authorize working with Kendall 23 County regarding updating the floodplain of Cypress 24 Creek -- 25 COMMISSIONER BELEW: We did that one; we're 52 1 on 11. 2 MR. HASTINGS: We didn't do 10. 3 JUDGE KELLY: We did 9. We need to do 10. 4 It's the same as 9, so is there any further discussion 5 about Kendall County doing the floodplain studies for 6 us? Okay, is there a motion? 7 COMMISSIONER LETZ: No action on that one. 8 JUDGE KELLY: No action; that's just 9 information? 10 MRS. GRINSTEAD: So what happened is 11 Commissioner Letz asked me to put it on the agenda, and 12 I assumed it was same, but I didn't -- 13 JUDGE KELLY: As long as we're done, we're 14 done. And then the last one to wind up here for Mr. 15 Hastings 1.11 consider, discuss and take appropriate 16 action to approve Interlocal Agreement with Kendall 17 County WCID #1 for inspection services related to the 18 East Kerr/Center Point Wastewater Project. 19 MR. HASTINGS: Thank you. I've looked 20 through that agreement and we've gone through several 21 iterations, and looks good to me. In fact they're 22 scheduled to begin those inspections tomorrow. So I as 23 the Court to approve the document. It's been approved 24 by the Kerr County Attorney. 25 COMMISSIONER LETZ: Move for approval. 53 1 COMMISSIONER MOSER: Second. 2 JUDGE KELLY: Been moved by Commissioner 3 Letz, seconded by Commissioner Moser to approve that. 4 Any further discussion? 5 COMMISSIONER LETZ: I'll make a comment. 6 It's a big savings to us. It's coming out of the grant 7 funds. But it's a savings to us versus other options. 8 They have provided some of the services already. The 9 inspection of the Water Improvement Plant, and there 10 will also be an inspection of all the connections, and 11 they're doing it because there's a lot -- we have a 12 whole lot more sense that they're operating the system 13 to let them inspect it instead of having a third party 14 inspector, and they're willing to do it and it saves a 15 lot of money. 16 COMMISSIONER MOSER: And they probably 17 inspect it anyway, and it's their facility, okay. Good. 18 JUDGE KELLY: Okay, Any further discussion? 19 Those in favor raise your hand. Unanimous, 5-0. 20 You want to try to go, or you want to wait 21 for the break? 22 MR. REEVES: It's up to you, Judge. 23 JUDGE KELLY: Let's get you out of the way. 24 1.13 consider, discuss and take appropriate action 25 regarding annual agreement with Computer Information 54 1 Concepts, Inc. 2 MR. REEVES: Good morning. Computer 3 Information Concepts, known as CIC, is the software 4 that's provided for the accounting system of our Tax 5 Collection Department. Among other things that CIC 6 provides is the method to disburse the monies to the 7 entities that we collect for county-wide. The annual 8 cost of the software and support is $5,450.00. After 9 checking with the Auditor's Office this cost is to be 10 paid out of the IT Budget. The current contract with 11 CIC is set to be renewed on or before April 1, 2019. 12 The contract has been reviewed and approved by the 13 County Attorney. I respectfully request the Court 14 approve the contract with CIC. 15 COMMISSIONER MOSER: Any comment from IT? 16 MR. TROLINGER: It's the accounting that's 17 critical to the tax process. 18 COMMISSIONER LETZ: Move for approval. 19 COMMISSIONER BELEW: Second. 20 JUDGE KELLY: Been moved by Commissioner 21 Letz, seconded by Commissioner Belew to approve the CIC 22 contract. Any further discussion? Those in favor raise 23 your hand. Unanimous, five zero. 24 At this time the Court will take a 15-minute 25 break. The Court will be in recess. 55 1 (15-minute break.) 2 JUDGE KELLY: Okay, it is 10:15 and the 3 Court's back in session. One item before the scheduled 4 break. 1.14 consider, discuss and take appropriate 5 action regarding a Resolution supporting the 86th Texas 6 Legislature's House Bill 4245 and other issues related 7 to reducing the number of voters needed to sign a 8 petition requesting a Local Option Election to authorize 9 the sale of alcoholic beverages. Precinct 2, 10 Commissioner Moser. 11 COMMISSIONER MOSER: Thank you, Judge. The 12 law states that to have a county be able to -- or an 13 area in this case, Precinct 2, to be able to sell 14 alcoholic beverages it requires a petition signed by 35 15 percent of the voters in the last gubernatorial 16 election, and then the issue put on a ballot. So 17 Precinct 2 has tried that three times here recently. 18 It's something in excess of a thousand signatures that 19 were required. I didn't detect anybody was against it, 20 but people didn't care just because a lot of people can 21 buy alcoholic beverages because they're governed by -- 22 or because they're license through the City. So with 23 this reducing the number of petition signers from 35 24 percent to 20 percent, we'd have been on the ballot five 25 years ago. 56 1 So I'm going to move that we adopt a 2 Resolution, and I'll read it into the record. 3 Kerr County Commissioners' Court supports 4 the 86th Texas Legislature House Bill 4245 that could 5 reduce the number of voters needed to sign a petition 6 requesting a Local Option Election to authorize the sale 7 of alcoholic beverages. 8 WHEREAS, House Bill 4245 would reduce the 9 number of petition signers from 35 percent to 20 percent 10 of the number of voters in the local area that voted in 11 the previous gubernatorial election; and 12 WHEREAS, alcohol beverage sales are not 13 permitted in Kerr County, Precinct 2, in areas outside 14 the City of Kerrville; and that's important. 15 WHEREAS, alcoholic beverages can be sold in 16 the other three areas Kerr County Precincts, and 17 WHEREAS, within the past five years three 18 attempts were unsuccessful in acquiring the number of 19 petition signatures because of the large number of 20 required signatures, and 21 WHEREAS, the sale of alcoholic beverages in 22 all of Precinct 2, including the County's Event Center, 23 would be economically beneficial to the County, and 24 WHEREAS, wineries and grape vineyards in 25 Precinct 2 could be a major boost to the economy, but 57 1 development is being hampered by the inability to sell 2 wine. 3 NOW, THEREFORE BE IT RESOLVED that Kerr 4 County Commissioners' Court does hereby encourage the 5 86th Texas legislature and the Governor to enact into 6 law House Bill 4245. 7 Adopted this the 25th day of March, 2019. 8 So I move for approval. 9 COMMISSIONER HARRIS: I got something to say 10 about this. I am for the whole County being the same 11 way, but what I don't like about this it's been tried 12 three times, and I'm sure there's people that refuse to 13 sign it, or maybe even lobbied against it. And I think 14 that we're diminishing their voice by doing this, even 15 though I'd like the outcome, I think you're taking the 16 rights of the voters away by reducing because you didn't 17 get it on the three previous tries. 18 COMMISSIONER MOSER: Well, let me comment on 19 that real quick. Number one, I knocked on a lot of 20 doors and I got a lot of signatures. Never had one 21 person refuse to sign it because they were against it. 22 And all it does is puts it on the ballot. You're not 23 for it or against it, it just enables it to be put on 24 the ballot to let people express their opinion for what 25 you're saying exactly. 58 1 JUDGE KELLY: Well, I was just going to 2 point out that there's been no vote. And my 3 understanding of the last two times that I've witnessed, 4 it's pure apathy, people just don't care. And I mean 5 maybe there's another take on this. But the threshold 6 is what, 35 percent? 7 COMMISSIONER MOSER: 35 percent. 8 JUDGE KELLY: Signatures. And so it's just 9 hard to find enough people that are motivated to even 10 put it on the ballot. 11 COMMISSIONER LETZ: Let me add to that. It 12 is apathy, but the reason it's apathy because the 13 majority of the voters live in the City of Kerrville and 14 it doesn't apply to the City of Kerrville. The City of 15 Kerrville, their charter trumps the county election, or 16 the precinct election. So you know, so there's the 17 problem. The problem is, you know, you go into Comanche 18 Trace, River Hills, a lot of the other areas in Precinct 19 2, there is apathy because it doesn't impact them. It's 20 not an issue to them one way or the other because their 21 precinct it is available. 22 JUDGE KELLY: And I would add that from my 23 perspective, I know especially during this last election 24 looking at the future growth in Precinct 2. Agra 25 business is a huge future market for Precinct 2, and 59 1 this is a major impediment to developing those types of 2 businesses in Precinct 2. So if we could just get it on 3 the ballot and they wait to hear what do the voters say. 4 I mean whatever the voters say. It's kind of like the 5 Brexit deal, you need to listen to what the voters say. 6 But getting it on the ballot is what this Resolution is 7 designed to do. 8 COMMISSIONER HARRIS: Well, I'd be all for 9 the final outcome. But it just seems that maybe some 10 people are dropping the rules even though they won the 11 last time, they probably celebrated that it didn't get 12 on the ballot. 13 COMMISSIONER MOSER: Well, I hear you say 14 that. I didn't experience that, ever, in the last five 15 years. The other thing I think Jonathan said exactly 16 right, the way to get it on the -- the only way to get 17 it on the ballot is to go door to door and in River Hill 18 and Comanche Trace. And if you go door to door -- we 19 didn't have the funds to hire somebody to go door to 20 door, is what it amounted to. 21 COMMISSIONER BELEW: So we have apathy among 22 volunteers then, too. 23 COMMISSIONER MOSER: Well, yep. 24 COMMISSIONER BELEW: I agree with 25 Commissioner Harris, you're moving the goal post. I 60 1 disagree with Judge Kelly that apathy is the reason to 2 change the rules, I don't agree with that at all. But I 3 agree it will be good for commerce, and it would be good 4 for the tax base, and so I'm going to sign this thing. 5 For Commerce sake and for free enterprise. 6 JUDGE KELLY: And the American way. 7 COMMISSIONER BELEW: And the American Way. 8 JUDGE KELLY: Any further discussion? 9 COMMISSIONER BELEW: I will change my views 10 a little bit, because it still has to go before the 11 voters. Okay. 12 JUDGE KELLY: Okay. Those in favor raise 13 your hand. Unanimous, 5-0. 14 COMMISSIONER MOSER: Okay, good deal. Thank 15 you. 16 MRS. DOWDY: Was there a second? 17 COMMISSIONER LETZ: I think I seconded it. 18 JUDGE KELLY: Yeah, I think Commissioner 19 Moser and Commissioner Letz. 20 COMMISSIONER BELEW: See, that's how it 21 works. You can all have different reasons for voting 22 for or against the same thing. 23 COMMISSIONER HARRIS: Sure. 24 JUDGE KELLY: Okay, Mr. Parker, 1.15 25 consider, discuss and take appropriate action on request 61 1 from Kerr County 4-H to use Flat Rock Park and the Dog 2 Park for a 3-D Archery Tournament in May. 3 MR. PARKER: Thank you. Yes, Sir. I'm here 4 to ask for the 18th of May to close down the Dog Park 5 and Flat Rock, so that we can do a archery tournament 6 for 4-H. We spent six years raising funds and getting 7 everything together. We now have all of our equipment 8 we need and are ready to move forward, so it's the 9 reason I'm here is to request to have it shut down -- 10 COMMISSIONER MOSER: Explain what a 3-D 11 archery tournament is. 12 MR. PARKER: Okay. It's like shooting an 13 animal, but it's a foam target, it's a foam animal. 14 It's got scoring ends on it, so you take a lot of space, 15 and you go through and you set it up on a walking 16 course. And the reason it takes so much space is you're 17 trying to make a shot relatively difficult, okay? For 18 our different age groups, we have different distances to 19 shoot from. But if I could sneak a target in kind of 20 behind the tree and make them have to lean a little bit 21 to make that shot. Under a tree branch where they've 22 got to kneel. In some ways it gives it, more of a 23 hunting personality to it. But it's still just a 24 scoring competition. 25 COMMISSIONER MOSER: Okay, a couple of 62 1 things. How much area do you need? 2 MR. PARKER: If I could have both parks, 3 I -- 4 COMMISSIONER MOSER: No. How much area do 5 you need? 6 MR. PARKER: Generally when we do these most 7 of them are set up on about 10 to 12 acres. 8 COMMISSIONER MOSER: Okay, next question is 9 a lot of people use Flat Rock Park, a lot of people use 10 the Dog Park. 11 MR. PARKER: Yes, Sir. 12 COMMISSIONER MOSER: I'm down there almost 13 every single day, so we're shutting down a huge area, 14 much larger than you're talking about today. Why can't 15 you use the polo field? 16 Because I have kids shooting bows that will 17 literally shoot arrows four or five hundred yards. If 18 they glance off and miss, so I have to have an open 19 enough space with enough room so that as -- if I've got 20 somebody shooting at a deer here, and somebody shooting 21 at a raccoon over here, and these are unknown distances 22 where generally you go to these tournaments and 23 sometimes they have a known distance, so they can -- 24 COMMISSIONER MOSER: So the polo grounds 25 would not be safe enough since there's houses and things 63 1 close by. 2 MR. PARKER: Not for 50 or 60 shooters. 3 COMMISSIONER MOSER: My next question is 4 take a look at Flat Rock Park itself, but not the Dog 5 Park since it's -- from the end of the Flat Rock Park 6 it's three tenths of a mile before you get to the Dog 7 Park, a narrow one-lane road. I don't think you're 8 going to go down that narrow one-lane road with this 9 shooting expedition, I wouldn't think. 10 And, there's a way to get to the Dog Park 11 that's separate, you can close off the park. So would 12 you take a look at that and see if that works rather 13 than closing both down, because people use that park, a 14 lot of people use it every day. How many shooters you 15 going to have? 16 MR. PARKER: We suspect a minimum of 50 and 17 at a hundred I'm going to close it down. 18 COMMISSIONER MOSER: There were 50 people 19 out there yesterday, families using that. May the 18th 20 is what day of the week? 21 MR. PARKER: It's a Saturday. We're going 22 to shoot anywhere from 10 yards to 70 yards, okay? 23 COMMISSIONER BELEW: It could be a hazard. 24 COMMISSIONER MOSER: Not to the Dog Park. 25 COMMISSIONER BELEW: Why not? 64 1 COMMISSIONER MOSER: Because I just said, 2 it's three tenths of a mile to the end of the area where 3 they would be down a narrow one-lane road and across the 4 bridge, and then another 10th of a mile, so you're four 5 tenths or five tenths of a mile away from the Dog Park. 6 COMMISSIONER BELEW: I don't want Fluffy 7 getting shot getting when she gets off the leash. 8 COMMISSIONER MOSER: You're not being 9 reasonable when you say that. That's a half a mile. 10 COMMISSIONER LETZ: If you could use the 11 whole -- I mean the Flat Rock Park, and because of the 12 trees there. I think if there's sufficient space there, 13 you know, that would be ideal. 14 COMMISSIONER MOSER: Take a look and see if 15 you can't use just that. 16 COMMISSIONER BELEW: Was part of your idea 17 to have staging in two different things at once, or 18 what? 19 MR. PARKER: No. It's going to be one 20 event, and it's a 30 target event. And myself, I've got 21 two other coaches, we go shoot these with Fredericksburg 22 puts on their -- Fredericksburg County -- or Gillespie 23 County Archer Club puts on there 3-D tournaments and 24 we'll go out and do it on these big ranches. And the 25 path we walk is literally about two and a half miles 65 1 from the start to the end, with enough spread out 2 shooting at targets. Because you gotta think if I've 3 got two areas to shoot from 30 to 40 yards apart, a guy 4 shooting this way, and this guy's shooting this way, and 5 another one shooting here, these guys are going to be 6 down range with these guys shooting. I can't have them 7 close enough in line because then I've got somebody 8 behind the firing line in the firing zone. 9 COMMISSIONER MOSER: Take a look and see if 10 that would work. 11 COMMISSIONER HARRIS: Chad, how long does 12 the contest take? 13 MR. PARKER: We should start about 8 o'clock 14 in the morning and be finished by 1. 15 COMMISSIONER MOSER: Oh, so it's only a half 16 a day. 17 MR. PARKER: Yeah, it's a half a day. And 18 it'll take a couple of hours to set up and a couple 19 hours to -- 20 COMMISSIONER MOSER: Oh, okay, so you don't 21 need it for the whole day? 22 MR. PARKER: As soon as we're finished we'll 23 pack up. 24 COMMISSIONER MOSER: So amend your request, 25 you need it from 7 a.m. to 2 o'clock? 66 1 MR. PARKER: Can I say 3 to be safe? 2 COMMISSIONER HARRIS: Sure. 3 COMMISSIONER MOSER: Yeah. But I will ask 4 you to take a look at just looking at the Flat Rock 5 Park, and -- 6 MR. PARKER: I have. I have had a couple 7 other coaches, and some of my -- I've got two of my 8 senior kids. One of them being my daughter who shot in 9 about 50 of these tournaments, and another child that's 10 shot a bunch, and we've kind of gotten out there and 11 walked and kind of put an idea together of where we're 12 going to put targets, and we went all the way to the Dog 13 Park. 14 Probably won't use the whole Dog Park. I'll 15 use about half to three quarters of the Dog Park. The 16 only reason I'm asking for it to be shut down is I don't 17 want somebody to come in, because if I had somebody in 18 the wrong spot I -- 19 COMMISSIONER MOSER: If you're going to 20 shoot in the Dog Park, right, shut it down. I just 21 thought maybe you could do the other. In the past you 22 haven't done it at Flat Rock Park. Where have you done 23 it? 24 MR. PARKER: This is our first tournament 25 we're putting on. Our kids have worked their hind ends 67 1 off for the last six years. 2 COMMISSIONER MOSER: Can spectators watch, 3 or -- 4 MR. PARKER: You're going to have kids' 5 families, you know, their moms, dads, aunts and uncles, 6 and they're going to follow the kids around. A lot of 7 times, you know, somebody turns into a personal caddy 8 for the kid, you know, carrying a bow, carrying their 9 water. You'll wear these kids out shooting. 10 COMMISSIONER MOSER: Well, good. Sounds 11 like an exciting thing. Well, with that since you've 12 got it laid out to do the whole thing, and you're not 13 taking all day long. So all I would say, suggest, is 14 that we put up notices saying Dog Park -- or Flat Rock 15 Park is going to be closed, give everybody advance 16 notice on that day, okay? 17 COMMISSIONER LETZ: I'm in favor of it. My 18 only question is how do you keep people out? 19 MR. PARKER: Putting up signs. We'll have 20 enough volunteers to have somebody at the entrances. 21 COMMISSIONER LETZ: So you have volunteers. 22 That's what I wanted to hear that we have people. 23 MR. PARKER: That's the big thing is the 24 volunteers, having somebody at the entrance going okay, 25 unless you're here to shoot, you need to go check in 68 1 here and you're going to follow this certain path. We 2 don't want anybody in. And when we're done shooting 3 even if I'm just driving around picking up targets, 4 we'll pull the signs down and if they want to come in 5 the dog park, that will be fine. 6 COMMISSIONER MOSER: And the boat ramp will 7 be closed also? Probably be a good idea. You don't 8 want to shoot people in their boat at four or five 9 hundred yards. 10 MR. PARKER: Boat ramp could be open, but we 11 will have some target space in the water. So closing 12 the boat ramp is probably a good idea. 13 COMMISSIONER MOSER: With that explanation, 14 I move for approval with the condition of 7 a.m. to 15 3 p.m. 16 COMMISSIONER HARRIS: Second. 17 JUDGE KELLY: Okay, Commissioner Moser 18 moved, Commissioner Harris has seconded to approve the 19 use of the Dog Park for an archery program. Is there 20 any further discussion? 21 COMMISSIONER LETZ: I have a question. 22 Kelly -- see, you shouldn't have waited this long to 23 hang out here. Do we have a sign for something that 24 "PARK CLOSED"? 25 MS. HOFFER: We can make whatever you -- 69 1 COMMISSIONER LETZ: I see Commissioner 2 Reeves has raised his hand so maybe he has one. 3 MR. REEVES: The stock show gets one made 4 reading the exact wording of the court order, and we 5 post it up there well in advance of the show. 6 COMMISSIONER LETZ: I'm just wondering if it 7 wouldn't be a good idea to get a good visible sign made. 8 If Road & Bridge can make one, it needs to be a specific 9 one as well. But just to have one that we can keep, or 10 two or three to put around that are kind of, I don't 11 know, white and red, or something that really jumps out 12 at you that says closed today. I think it would be a 13 good idea. 14 MS. HOFFER: Generally how we do it is for 15 your event person that is running the event comes to 16 Road & Bridge. We've got a form. We put down quantity 17 of what it was that you borrowed, barricades and things, 18 how you want it mounted. They're responsible for the 19 pick up and the bringing it back. And they just put 20 their name and their contact information, and that's how 21 we do it. So he would need to come over to Road & 22 Bridge and state what it is that he needed, and 23 quantities, and things like that, and what day he needed 24 it, and we have it ready for pick up. 25 JUDGE KELLY: Okay, there's been a motion 70 1 made and seconded. Is there any further discussion? 2 Those in favor raise your hand. Unanimous, five zero. 3 Thank you, Mr. Parker. 4 MR. PARKER: Thank you. 5 JUDGE KELLY: Next item on the agenda is 6 1.16 consider, discuss and take appropriate action to 7 approve the "Victim Compensation Benefits Assistance" 8 agreement between Kerr County and Hill Country CASA. 9 Miss Stebbins. 10 MRS. STEBBINS: This really isn't my item; I 11 just reviewed the contract, or the agreement, the 12 Memorandum of Understanding. It's the Victim Services 13 contract. And they send these various times throughout 14 the year for different services. 15 JUDGE KELLY: This will be our Crime Victim 16 Rights Coordinator? 17 MRS. STEBBINS: Yes, Sir. And it's really 18 how they'll work -- it just lays out how they'll work 19 together and serve each other, and the victims. 20 JUDGE KELLY: Any discussion? Pretty 21 routine. Is there a motion? 22 COMMISSIONER BELEW: I'll make the motion 23 that we take the appropriate action to approve the 24 Victim Compensation Benefits Assistance Agreement 25 between Kerr County and Hill Country CASA, and allow the 71 1 County Judge to sign the same. 2 COMMISSIONER HARRIS: Second. 3 JUDGE KELLY: Okay, been moved by 4 Commissioner Belew, seconded by Commissioner Harris to 5 approve the CASA contract with Kerr County. Those in 6 favor raise your hand. Opposed? Unanimous, five zero. 7 1.17 consider, discuss and take appropriate 8 action to adopt the Kerr County Elected Official and 9 Supervisor Onboarding Procedures. Miss Stebbins. 10 MS. STEBBINS: This is the revision 11 following the last time we were at Commissioners' Court 12 with this procedure handbook. And Jennifer touched base 13 with elected's, department heads, and made some 14 revisions to this document, included additional 15 departments in it, and our final, unless y'all have some 16 suggestions or additions to make. And I'd like to ask 17 for your approval of this and then we'll be able to go 18 out and start scheduling some brief training with 19 elected's and supervisors as they're available. 20 COMMISSIONER HARRIS: I think it's very good 21 step in the right direction. 22 COMMISSIONER LETZ: I think the other thing 23 that we should require at least annually. I know we're 24 changing the policy a little bit through HR where they 25 need to sign off on compensation and things of that 72 1 nature, so that they're aware of that. That the 2 supervisor should be required to sign that they have 3 read it. 4 MRS. STEBBINS: Okay. What we'll do is go 5 ahead and schedule a training with each department. 6 We'll get with folks, and then Jennifer and I can get 7 with them and do something. You know, an hour, or we'll 8 see what fits, and then we'll have something that they 9 can sign that will go in their personnel file in HR that 10 they have received this, they've reviewed it, and it 11 could be done on an annual basis. 12 COMMISSIONER LETZ: Right. And we'll work 13 on that with HR as to what we need to sign, but I think 14 this would be another good thing to add to that. 15 COMMISSIONER BELEW: What about 16 distribution? Is every employee going to get one of 17 these, or this goes to department heads only? 18 MRS. STEBBINS: I don't know that it will be 19 on line. I don't think we have an employee portal like 20 this. It will go to each elected official, and each 21 elected official can distribute who they have in their 22 departments as supervisors, and then y'all as directors. 23 COMMISSIONER BELEW: Then that should be a 24 requirement. 25 COMMISSIONER HARRIS: I think it needs to be 73 1 an on line something to where everybody can see it. 2 COMMISSIONER BELEW: I think everybody 3 oughta be able to log on to it, or get an e-mail, and 4 then a copy to each department that's available to 5 everybody in the department. 6 COMMISSIONER HARRIS: I don't know that they 7 need a hard copy, but they need access to it. 8 COMMISSIONER BELEW: Well, in any event that 9 you need it, you can refer to it. It doesn't hurt 10 anything. 11 COMMISSIONER MOSER: It's kind of like a 12 policy thing. Are all our policies on line? 13 MRS. STEBBINS: No. I don't think -- some 14 places have an employee portal, and I know that Jennifer 15 has put some things on line that are accessible to our 16 employees, but we can send this in a format where they 17 can save electronically to them and distribute as the 18 elected would see fit to their employees. 19 COMMISSIONER MOSER: There you go, that'll 20 work. 21 COMMISSIONER BELEW: But all elected's and 22 department heads get a hard copy? 23 MRS. STEBBINS: Yes, Sir. 24 COMMISSIONER BELEW: It's going to be like a 25 phone book. Offices still have phone books. We never 74 1 use them, or -- 2 COMMISSIONER MOSER: Watch it. 3 COMMISSIONER LETZ: Door stop. 4 COMMISSIONER BELEW: Oh, Tom uses a phone 5 book. 6 COMMISSIONER MOSER: I call Jody and ask 7 Jody what's this number. 8 COMMISSIONER BELEW: There's the phone book. 9 COMMISSIONER HARRIS: The yellow pages. 10 JUDGE KELLY: Okay, is there a motion and a 11 second? 12 COMMISSIONER LETZ: I make a motion that we 13 accept the Supervisor Training Manual as presented, and 14 request HR distribute it, hard copies, to all elected 15 officials and supervisors. 16 COMMISSIONER HARRIS: Second. 17 JUDGE KELLY: It's been moved by 18 Commissioner Letz, seconded by Commissioner Harris to 19 approve the County Elected Official and Supervisor 20 Onboarding Procedure Manual. Those in favor raise your 21 hand. Opposed? Five zero, unanimous. 22 1.18 consider, discuss and take appropriate 23 action to adopt the Kerr County Courthouse Emergency 24 Action Plan. Sheriff Hierholzer. 25 SHERIFF HIERHOLZER: This actually kind of 75 1 came about out of this same deal with the supervisors 2 training. It's just that because it is more of an 3 emergency action plan, it kind of got separated at the 4 same time. But it's something that I think we need at 5 the courthouse and just gives people a good idea, and it 6 also refers them to a couple of online training courses 7 on active shooters and that that FEMA has put out. I 8 think the supervisors and department heads need to 9 require their people to view them and go through them, 10 and sign up for them once, and then take it. It takes 11 about 30 minutes on each one of them. And they can 12 actually print out a certificate that they've 13 successfully completed that. And that can go into their 14 personnel file. 15 COMMISSIONER MOSER: So where's the person 16 in the county to go find the courthouse emergency action 17 plan? 18 SHERIFF HIERHOLZER: They don't right now, 19 there isn't one. 20 COMMISSIONER MOSER: But this to adopt it, 21 so if we adopt it -- 22 SHERIFF HIERHOLZER: You were given a copy. 23 COMMISSIONER MOSER: Yeah, right, right, I 24 understand. But sort of the same thing. If we approve 25 this then how does -- 76 1 SHERIFF HIERHOLZER: Some of it I'm not so 2 sure that you want the whole public to get. 3 COMMISSIONER MOSER: I didn't ask for the 4 public; I asked for people that are working in the 5 courthouse. 6 SHERIFF HIERHOLZER: Well, that's what I 7 hope we can also discuss. If we try and make 300 and 8 something of these it's going to get awfully expensive 9 and time consuming on my department. 10 COMMISSIONER MOSER: So my question is 11 simply how do people know what the plan is? 12 SHERIFF HIERHOLZER: We need to make copies 13 and have it produced and give to them. 14 COMMISSIONER MOSER: So you're proposing to 15 make copies and give to people that need to do know, 16 okay, good enough. 17 COMMISSIONER BELEW: I would suggest that we 18 would have a -- not a conference but a training session 19 with everybody that's here everyday. 20 SHERIFF HIERHOLZER: Yep. 21 COMMISSIONER BELEW: Whether you have to do 22 it shifts, or all at once, or whatever. 23 COMMISSIONER HARRIS: At least department 24 heads. 25 COMMISSIONER BELEW: No. I mean everybody 77 1 that walks in the door. 2 COMMISSIONER HARRIS: Like a school fire 3 drill so everybody knows what to do. 4 SHERIFF HIERHOLZER: Well, that's how this 5 whole thing came out about with the supervisors is 6 hopefully start doing that, training for all county 7 employees to go through some of this stuff. And a lot 8 of it's education, they'll see a lot of things that most 9 county employees don't even know. 10 COMMISSIONER MOSER: I think a training 11 session's a great idea. 12 COMMISSIONER BELEW: It's a good idea. I 13 think the first one oughta be the Sheriff, and then 14 after that if people feel comfortable enough they can do 15 their own departments or whatever. 16 SHERIFF HIERHOLZER: And my three courthouse 17 security personnel have already seen all this, gone 18 through all this, and even did the little online 19 training stuff that they can do through the thing. So 20 that they can also go around and assist the other 21 department heads getting their employees through it, and 22 do it that way. 23 COMMISSIONER BELEW: That sounds good. 24 MR. TROLINGER: I have a suggestion. I know 25 that this document is not for public consumption, but we 78 1 could send out an e-mail with the links to the training 2 which is public, and that would -- very simple e-mail 3 says hey, you can get this training online. 4 SHERIFF HIERHOLZER: Well, one thing I think 5 because Heather mentioned it awhile ago, and I don't 6 know what it would take, but I think it would be 7 advisable, or it would be a good tool if there were an 8 employee portal that county employees can go somewhere 9 and get stuff online, whether it be the county policy 10 manual, whether it be this type of stuff that's 11 accessible to county employees. I think that's 12 something that ought to be looked at. 13 MR. TROLINGER: That had come up in the 14 past. And basically the answer at the time was hey, 15 this should all -- everything's public information 16 should be available to the public, and the answer was 17 no, we're not going to have a portal. But that was 12 18 years ago. 19 MRS. STEBBINS: And there are some things 20 that should be accessible to employees only, and not to 21 the general public, related to our insurance, and our 22 safety manual, so I think -- 23 COMMISSIONER BELEW: If this is done right. 24 So let's say that we have a full house, and Rusty and 25 various deputies and others present this, this class, 79 1 and we video that class and make that available online, 2 plus the rules and -- procedure rather. That would 3 probably be sufficient, that would continue to train a 4 new employee every time they come in, you watch this 5 video. 6 COMMISSIONER HARRIS: Come in mid-year or 7 whatever. 8 MRS. STEBBINS: And make it only accessible 9 to the employee. 10 COMMISSIONER BELEW: Make it only accessible 11 through the portal. Yes, Ma'am. 12 MRS. LANTZ: I think the whole process for 13 this onboarding was at the time of hire, and that's why 14 we brought this up because at the time they get hired we 15 give them a lot a lot of information. That was supposed 16 to be part of this. So the moment they walk in in HR 17 and they become a new employee, that's when you go 18 through the onboarding process. And then when you go to 19 your elected official they're going to give you other 20 stuff. So I think that you can keep it with HR and 21 that's what onboarding is, is you're getting all this 22 information and they're training you where you need to 23 go. 24 COMMISSIONER MOSER: Well, we got a lot of 25 people that have been on board a long time that need to 80 1 understand that -- 2 MRS. LANTZ: Well, no. But the process 3 after that, so we can get them trained now. 4 COMMISSIONER BELEW: Well, I'm missing your 5 point. It doesn't matter when they take the training. 6 If it happens when they're new -- obviously a new 7 employee would take it now, the rest of us would take it 8 as soon is it's available, whatever. So I'm missing 9 your point. 10 MRS. LANTZ: Well, onboarding that's when 11 you become brand new like when you go to the Sheriff's 12 Office, and he has certain procedures they gotta onboard 13 with. The way to to this, and how you're going to do 14 this. Well, this is onboard for the whole county as far 15 as certain procedures that are required by the 16 Commissioners' Court, whether it be here's your policy 17 manual, here's the emergency situation we have, those 18 type things. And again, you can do a video when they're 19 in HR. I mean -- 20 COMMISSIONER BELEW: Okay. Well, it sounded 21 like you had an objection and you're just trying to tie 22 the two back together? 23 MRS. LANTZ: No. 24 COMMISSIONER BELEW: No? I still missed 25 your point then. 81 1 MR. TROLINGER: Let me the point out the 2 portal, it's easily doable. And we're fortunate, 3 Jennifer Doss, the HR Director, she's editing her own 4 web page and uploading things to it, so I volunteer to 5 work with Jennifer on this so she can of this portal 6 available. There's not much to it. It's just a little 7 bit of maintenance, and HR's already updating their own 8 website, so not much to it. 9 SHERIFF HIERHOLZER: Can we do an employee 10 portal where it's not public accessible. It is just a 11 place where all county employees can go to to see a lot 12 of difference. I'll be honest, I had been with this 13 county probably 10 or 12 years before I ever knew that 14 we could even invest in other investment opportunities 15 like 457, and things like that. There was a lot of 16 different things that we just didn't know about it, 17 okay? But there is just a lot of little things that can 18 get by. If we had a place where employees could go to, 19 you know, policy manual where it be the County one, a 20 whole lot easier to find. I think that would be a place 21 for this kind of stuff to go; otherwise I've got to ask 22 y'all, you know, how are we going to get this duplicated 23 and printed for everybody, because I don't have it. 24 COMMISSIONER BELEW: So everybody has their 25 own password, log in, and they can see it. 82 1 COMMISSIONER MOSER: So we'll look at 2 portals. John will look at portals with HR. 3 MR. TROLINGER: Yes, Sir. 4 COMMISSIONER MOSER: Number two, we'll adopt 5 this, and then we'll have some training sessions. 6 MRS. STEBBINS: I think that we can send 7 this to the elected's and directors, and each department 8 can print it out and bind it for their employees, or get 9 it to their employees so that Rusty's not having to 10 print 300 copies of this document. I think was one of 11 his concerns now. So I'll get it and I'll print out 12 copies for everyone in my office, and the other 13 elected's and directors will do the same. 14 COMMISSIONER MOSER: So the action today is 15 I make a motion that we adopt the Kerr County Courthouse 16 Emergency Action Plan. 17 SHERIFF HIERHOLZER: That's it for today. 18 And we'll figure out how we're going to get it 19 distributed to everybody in training. 20 COMMISSIONER BELEW: I'll make a second. I 21 wanted to ask is, Jennifer, if you can find out if as we 22 take the course and get complete a hundred percent with 23 the county employees, if there's any benefit with TAC or 24 anybody -- 25 MRS. JENNIFER DOSS: I can find out. 83 1 COMMISSIONER BELEW: -- for us to lower our 2 insurance policy or whatever. 3 MRS. JENNIFER DOSS: I can find out. 4 JUDGE KELLY: There's been a motion and 5 second. Any further discussion? Those in favor 6 adopting the County Emergency Plan raise your hand. 7 Five zero, unanimous. 8 1.19. Again, the Sheriff. Consider, 9 discuss and take appropriate action to approve a 10 $1000.00 donation from a citizen for the Sheriff's 11 Equipment Fund. 12 SHERIFF HIERHOLZER: We have a man in the 13 County that I think really sometimes he just gets fed up 14 with government, and border crossings, and things like 15 that. And on a number of occasions he has just come by 16 the office and wanted to donate a thousand dollars just 17 to help out law enforcement in this area. And he feels 18 like he can help. And he has done that again. This is 19 about the 4th or 5th time in the last couple of years 20 he's done it, and he's done that again. And I would 21 like to have y'all accept that thousand dollars so that 22 it could go to our equipment fund. 23 COMMISSIONER LETZ: I move for approval. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: Moved by Commissioner Letz, 84 1 seconded by Commissioner Harris to approve it. Those in 2 favor raise your hand. Five zero, unanimous. 3 1.20 consider, discuss and take appropriate 4 action regarding the 381 Agreement with James Avery. 5 COMMISSIONER LETZ: I'll defer to 6 Commissioner Moser. 7 COMMISSIONER MOSER: Thank you. Just a 8 little bit of background. In January 2015, we had a 9 court order approved -- or court order passed that 10 provided a tax abatement for that time, a planned 11 facility to be built by James Avery in Precinct 2. That 12 facility has been built, 500 employees out there now. I 13 can attest to that with the traffic every afternoon 14 heading towards town and towards Center Point. But what 15 the condition was that James Avery had to pay their 16 taxes, they have to have a certificate that they pay 17 their taxes, and then the County issues them a check to 18 rebate the taxes. So what James Avery in a letter to 19 you, Judge, has requested that we not make them go 20 through that every year the same kind of process. So 21 that they just once they pay their taxes like it was 22 this past year, it was verified by the County Clerk it 23 had been paid, and a check could be written. 24 JUDGE KELLY: Ask the Tax Assessor 25 Collector. 85 1 MR. REEVES: That's correct. That's our 2 office. 3 COMMISSIONER MOSER: Yeah. Excuse me, I 4 said the wrong thing. So with that I move for approval 5 and we change the requirement to James Avery that they 6 not have to submit that letter and go through having a 7 certificate saying that they in fact did pay it. 8 JUDGE KELLY: And in lieu have the Tax 9 Assessor-Collector certify that it occurred. 10 COMMISSIONER MOSER: Right. Right. 11 COMMISSIONER LETZ: Second. 12 MR. REEVES: Are you wanting tax 13 certificates, or just tax receipts? There's a 14 difference. And you mentioned certification. 15 JUDGE KELLY: Well, the certification is not 16 a magical term. 17 MR. REEVES: Okay, that's what I would like 18 to clarify is that I can provide tax receipts. 19 JUDGE KELLY: You just confirm that they've 20 done what they're supposed to do, and that ends their 21 obligation to report to us that they've done it. 22 MR. REEVES: I can provide paid tax 23 receipts. If you want certification then there's an 24 acknowledgement, so just furnish the paid tax receipts. 25 JUDGE KELLY: We're just looking for you to 86 1 tell us that they did it. 2 MR. REEVES: And for all entities that we 3 collect for? 4 JUDGE KELLY: Right. So Commissioner 5 Moser's moved, and Commissioner Letz has seconded the 6 motion. Is there any further discussion? 7 COMMISSIONER LETZ: I think to accomplish 8 it, I think the Judge can just send a letter confirming. 9 The letter, I think that's sufficient to the motion. I 10 think that -- 11 JUDGE KELLY: Just be granting their 12 request? 13 COMMISSIONER MOSER: Respond to their 14 letter. 15 JUDGE KELLY: Well, tell the Judge over here 16 what the letter's got to say. 17 COMMISSIONER MOSER: We'll draft it. 18 COMMISSIONER LETZ: And the other thing is, 19 you know, on the agendas we don't do a lot of economic 20 development agreements. Some of them we never hear from 21 them again, and they never get any money or get a 22 rebate. But this is one that did work, they did meet 23 their obligations, and I think the public should be 24 aware of that. 25 COMMISSIONER BELEW: They'll be more. Good 87 1 things are coming to East Kerr. 2 COMMISSIONER HARRIS: Looking back at the 3 original agreement, and I think from what you stated, 4 how many employees do they have now? 5 COMMISSIONER MOSER: 500. 6 COMMISSIONER HARRIS: Wow. They were 7 supposed to have 150, and that was by December 31st of 8 '18, and so they're way, way ahead of schedule. Well, 9 that's good. 10 COMMISSIONER BELEW: The Mayor of Kerrville 11 said 750 Saturday night. 12 COMMISSIONER MOSER: Well, it may be with 13 James Avery, but not at that facility. They got 14 multiple facilities. 15 COMMISSIONER HARRIS: So they're three times 16 the amount of employees that were the minimum for this 17 requirement. 18 JUDGE KELLY: Well, suffice to say it's been 19 a win win for Avery and for the County. Okay, those in 20 favor raise your hand. Unanimous, five zero. 21 JUDGE KELLY: 1.21 consider, discuss and 22 take appropriate action to appoint a committee to 23 interview applicants for the Public Relations Officer 24 position. 25 COMMISSIONER BELEW: Okay. This has been 88 1 dragged out and dragged out and we're going to drag it 2 out a little more, because we're going to have a 3 committee, and I propose that the committee be made up 4 of Jennifer Doss, John Trolinger, and myself to review 5 the applicants. We've gotten a total of is it seven or 6 eight, Jennifer? 7 MRS. JENNIFER DOSS: Seven. 8 COMMISSIONER BELEW: Seven. Seven is all we 9 got, and so to review. We said that it was going to be 10 roughly a thousand dollars to fifteen hundred dollars 11 depending on the experience that they bring to the job, 12 as I recall. Anybody wants to correct me in -- 13 COMMISSIONER LETZ: That was a motion? 14 COMMISSIONER BELEW: I've not made the 15 motion yet. 16 JUDGE KELLY: Say that again, what was the 17 amount again? 18 COMMISSIONER BELEW: A thousand dollars was 19 the minimum. And depending on the experience and so on 20 with the -- we want to make sure we retain them, so we 21 may go as high as fifteen. But it's still a part-time 22 job and it's gotta be 29 hours and -- 23 COMMISSIONER MOSER: Today is just to 24 appoint the committee. 25 COMMISSIONER BELEW: To appoint the 89 1 committee, but I just want to review a little bit. I 2 want to expedite this, have it fresh on your mind when 3 we come back because it's taken a long time. So that is 4 the appointing the committee is my motion, consisting of 5 these three individuals. 6 COMMISSIONER HARRIS: Seems like I've 7 reviewed one, was one of the applications a relative 8 though or -- 9 COMMISSIONER BELEW: One was. And we had 10 about five applicants at that point, and what I was 11 seeing I was not real tickled with, and so I told my 12 daughter-in-law to submit hers. I'm not making any 13 decisions, and whoever we come up with will come in and 14 everybody will talk to them. 15 COMMISSIONER LETZ: I think the question is, 16 I think, is your daughter-in-law going to be one of the 17 applicants? 18 COMMISSIONER BELEW: She is one of the 19 applicants. 20 COMMISSIONER LETZ: So you will interview 21 her? 22 COMMISSIONER BELEW: Well, I don't have to 23 be a part of that particular interview. 24 COMMISSIONER MOSER: I second the motion. 25 COMMISSIONER LETZ: I think you have to be 90 1 real careful. 2 COMMISSIONER HARRIS: That's why I brought 3 it up. 4 COMMISSIONER BELEW: Okay, thank you. I 5 didn't even think of that. But I don't have to be in 6 there. We can have an alternate for that part of it. 7 COMMISSIONER MOSER: I second the motion. 8 SHERIFF HIERHOLZER: You may have to look at 9 the nepotism laws. I don't believe you can be in there. 10 COMMISSIONER HARRIS: I think you should be 11 on the committee. 12 COMMISSIONER BELEW: I'll recuse myself, 13 abstain and leave the room. 14 JUDGE KELLY: In the absence of the County 15 Attorney -- 16 SHERIFF HIERHOLZER: She's over there. 17 There she is. 18 JUDGE KELLY: She's coming back? 19 COMMISSIONER MOSER: Why did you recommend 20 that, Heather? 21 MRS. STEBBINS: What did I recommend? 22 JUDGE KELLY: We're discussing the committee 23 composition to interview the applicants for the Public 24 Relations Officer. 25 MRS. STEBBINS: Yes. 91 1 JUDGE KELLY: One of whom is a relative of 2 Commissioner Belew. An issue has come up with the 3 nepotism laws and applicability, 4 MRS. STEBBINS: Okay. How closely related? 5 Or should we talk about this -- 6 JUDGE KELLY: It's already been disclosed in 7 open court, it's the daughter-in-law. Now, the question 8 is what do we do on the committee? 9 COMMISSIONER LETZ: The committee was being 10 Commissioner Belew, HR Director, and IT Director. 11 JUDGE KELLY: So it would be Miss Doss, Mr. 12 Trolinger, and Mr. Belew on the committee. And then 13 we're talking about as far as the interview and scoring 14 the applicants, we wanted some input from our legal 15 counsel as to what would be the better procedure to go 16 for? 17 MRS. STEBBINS: Well, you know, it's not the 18 impropriety; it's the appearance of impropriety, so I 19 would suggest having somebody else on the committee. 20 COMMISSIONER BELEW: Well, I suggested that 21 I just not be in that interview. 22 MRS. STEBBINS: Someone else may be in that 23 interview who can give scores so that there's an 24 alternate. I like that. 25 COMMISSIONER MOSER: This is a generic 92 1 thing, too. We appoint committees all the time. That 2 could happen at any time. You know, when we appoint a 3 committee to interview people, a relative could come in. 4 And so we oughta just have a -- maybe, I don't know. A 5 policy or recognition by the formation of any committee 6 that if there's any relative that's in there that there 7 has to be an alternate. Maybe that's the way to do it. 8 JUDGE KELLY: And as far as the scope of the 9 legal question that we're posing to our attorney, it 10 would be also extend to supervision of -- it is clearly 11 intended by the Commissioners' Court at this time that 12 Commissioner Belew oversee this employee, this part-time 13 employee. And so we would need input back from the 14 County Attorney as to what is the prudent way to proceed 15 with all of this. Now as far as the composition of the 16 committee in the initial selection part, I think the 17 proposal's been made to use an alternate for that. Then 18 how do we go about scoring the various applicants if one 19 member of the committee is not -- 20 COMMISSIONER MOSER: An alternate. 21 MRS. STEBBINS: An alternate, yes. And then 22 I'll need to look at our personnel policy for our 23 nepotism rules, which I don't have in my hand. 24 COMMISSIONER BELEW: What do you say, Dawn, 25 you're most familiar here with the nepotism rules? 93 1 MRS. LANTZ: It's all within the nepotism 2 law. I don't think that you can be the supervisor. 3 Legitimately she's -- 4 COMMISSIONER LETZ: We can cross that bridge 5 down the road. And this is just making a recommendation 6 to the Court. The Court's going to still interview the 7 final candidates. But interviewing part -- probably the 8 best thing to do is have two Commissioners at the 9 interview, and then you just excuse yourself for that 10 one. 11 COMMISSIONER BELEW: Okay. We have any 12 volunteers? 13 COMMISSIONER HARRIS: Yeah, I'll do it. 14 JUDGE KELLY: Okay, problem solved. Then 15 we're going to have two Commissioners appointed to the 16 committee, one being Belew and one being Harris, and 17 then you will excuse yourself on any nepotism conflict. 18 COMMISSIONER BELEW: Yes. 19 SHERIFF HIERHOLZER: Are you going to want 20 my department to do some sort of a background check? 21 JUDGE KELLY: Yes. Just like we did with 22 crime victims. Y'all familiar with that process? 23 Worked very well. Okay. So -- 24 COMMISSIONER BELEW: Is it hot in here, or 25 is it just me? 94 1 (Laughter.) 2 COMMISSIONER MOSER: It's just the subject 3 matter? 4 JUDGE KELLY: So the motion is to form the 5 committee, which will consist of Miss Doss, Mr. 6 Trolinger, Mr. Belew, and Mr. Harris, with Mr. Belew to 7 recuse himself from the interview of his 8 daughter-in-law, and then the committee will have the 9 background checks conducted by the Sheriff's Office, and 10 report back to Commissioners' Court to review the 11 recommended applicants. 12 COMMISSIONER MOSER: Is that the motion? 13 JUDGE KELLY: Is that the motion? 14 COMMISSIONER BELEW: That is the motion. 15 COMMISSIONER MOSER: And I amend my second 16 to be consistent with that. 17 JUDGE KELLY: Okay. So now we have a motion 18 by Commissioner Belew, second by Commissioner Moser to 19 approve the committee as just read into the record. Is 20 there any further discussion? Those in favor raise your 21 hand. Those opposed? Unanimous, five zero. Got passed 22 that one. 23 While things are still hot let's talk about 24 fire works. Item 1.22 consider, discuss and take 25 appropriate action to determine whether to allow the 95 1 retail firework permit holder to sell fireworks to the 2 public in celebration of San Jacinto Day, or I think 3 correctly pronounced it Sawn Hacinto(phonetic) Day. 4 Pursuant to the Texas Occupations Code, Section 5 2154.202(h). And I put that on the docket. That would 6 be what Sunday April 21st, I believe it is, which is 7 last I checked still an Official State Holiday. Of 8 depending on rain it may or may not be something that we 9 may have to revisit. But this would at least be for the 10 primary permit. 11 COMMISSIONER HARRIS: Well, in speaking with 12 all four of the Volunteer Fire Department Chiefs in my 13 precinct, they all would like to do what we've been 14 doing prohibiting the rockets and sticks, rockets and 15 fins, missiles or whatever. Aerials. 16 JUDGE KELLY: That's what's in the proposal 17 as read in the attachment looks like we've always done. 18 Is that something that the Court wants to do this year 19 or doesn't want to do? 20 COMMISSIONER LETZ: I mean, I'm indifferent 21 about doing it. I can't imagine we're going to open up 22 and sell. 23 COMMISSIONER BELEW: Well, that oughta be 24 interesting. 25 COMMISSIONER LETZ: And we have had anybody 96 1 come ask that they wanted to do it, so I'd do nothing. 2 COMMISSIONER HARRIS: I'd be fine with that. 3 COMMISSIONER LETZ: I mean if they want to 4 go buy them somewhere else and bring them here, but if 5 they really wanted it, I think we'd hear from them. 6 JUDGE KELLY: Well, the burn ban trumps 7 everything, right? 8 COMMISSIONER BELEW: Right. 9 COMMISSIONER MOSER: Or the conditions. 10 Well, no, burn ban doesn't prohibit that. Burn ban 11 doesn't prohibit that. 12 COMMISSIONER LETZ: But it's a separate 13 issue on the rockets with fins and allowing them to 14 sell, isn't it? It's two different issues. 15 COMMISSIONER MOSER: Right. 16 COMMISSIONER LETZ: So to me, we don't let 17 them sell, they don't open stands in the County. So 18 however we still should do the order to prohibit rockets 19 with fins and all that because they can get them in 20 another county. 21 JUDGE KELLY: I think it's rockets on sticks 22 and missiles with fins. 23 COMMISSIONER BELEW: Well, I'll make the 24 motion that we allow fireworks retailers to sell for San 25 Jacinto Day, excluding the rockets with sticks and 97 1 missiles with fins. 2 COMMISSIONER LETZ: I'll second that. 3 JUDGE KELLY: Okay, been a motion by 4 Commissioner Belew, seconded by Commissioner Harris to 5 at least allow the permit with the exception being 6 rockets with sticks and missiles with fins. Any further 7 discussion? Those in favor raise your hand. 5-0. 8 1.23 consider, discuss and take appropriate 9 action to approve the Kerr County Budget Calendar. This 10 goes back to a discussion that we had, I believe, it was 11 with Commissioner Letz. What we've done with the 12 schedule right now is move the first budget workshop 13 back to early July, and then have a subsequent on the 14 15th and the 17th for those same three workshops. 15 COMMISSIONER LETZ: Basically it's putting 16 them on our off Mondays, and then there's two on that 17 one week. And the other, I was thinking since I looked 18 at this, and we could do it on the next Monday, too. 19 Just do them on the off Mondays. 20 JUDGE KELLY: Which would take us to the 21 July the -- 22 (Off the record.) 23 COMMISSIONER LETZ: I make motion that we 24 approve the calendar as submitted in the agenda package. 25 COMMISSIONER HARRIS: Second. 98 1 JUDGE KELLY: Subject to substance approval 2 if need be. 3 COMMISSIONER LETZ: With no changes. Okay. 4 JUDGE KELLY: So we got a motion by 5 Commissioner Letz, a second by anyone? 6 COMMISSIONER HARRIS: I did. 7 JUDGE KELLY: Commissioner Harris. Those in 8 favor raise your hand. Unanimous, 5-0. 9 Item 1.24 consider, discuss and take 10 appropriate action to approve lighting repairs at County 11 Little League Fields. 12 COMMISSIONER LETZ: I mentioned several 13 times or previously in Court that there's some hail 14 damage out there during the inspection. There is hail 15 damage on two of the fields, pretty significant. There 16 may be on more fields, but not known at this time on the 17 other fields until make further inspection with the 18 lift. 19 The hail damage anticipates being covered. 20 It's about $9,900.00, something like that. In the 21 inspection when Musco was out here they looked at the 22 lighting from just a lamp standpoint and lenses and 23 things of that nature, and some of the lenses are 24 damaged and not related to the hail. And there's also 25 all of the fields really need to have new light bulbs or 99 1 lamps. It's just we've gotten more use out of them than 2 was anticipated. 3 Anyway, the quote has come in for that is 4 $15,510.00. Those that don't know the background as 5 much of those fields, it's County property. The 6 original agreement with Little League. Little League 7 paid for the improvements to the property, but then 8 became county property at that point. And simply the 9 responsibility in recent years, we've been spending some 10 money on general maintenance and repairs and things of 11 that nature. 12 I met with the Little League Board last 13 week, they asked that the County pay up to $6,000.00 of 14 this amount, and that they would pay the balance out of 15 their reserve money. Seemed reasonable to me. It's a 16 combination, kind of a partnership the way it operates 17 out there. That it is a pretty significant safety 18 concern. The approach we took last year and the year 19 before was our primary focus was on safety out there. 20 We don't do any work on the fields. All of the field 21 maintenance. They have, you know, Texas Multi-Chem goes 22 out and does all that work; we don't participate in any 23 of that. But when it comes to safety items, some of the 24 more significant capital items we have participated in 25 those because I think we have some liability exposure 100 1 there. 2 Anyway, seemed reasonable to me. I've 3 talked to our Auditor about this. And I think there's 4 a -- where the funds are. There's currently $2,206.47 5 allocated, or remaining for the Little League Fields. 6 There's also another category in the capital outlay 7 category, and anyway, so the idea that I had was to take 8 2000 out of other, 2000 out of the Little League line 9 item, and 2000 out of capital outlay. But those funds, 10 you know, if everyone agrees to spend them. And it may 11 come from other sources. 12 COMMISSIONER MOSER: Comment. I agree about 13 everything Jonathan said, except I think 2000 out of the 14 other, and $2,206.47 out of Little League. I would like 15 to leave the capital outlay in the parks budget though. 16 We put that in there for several potential items, which 17 we have not brought forward. So this is a damage issue 18 because of hail, etc., and necessary repairs for safety, 19 I suggest we take the remaining out of contingency 20 rather than out of capital outlay. 21 COMMISSIONER HARRIS: Do you see something 22 coming up? 23 COMMISSIONER MOSER: Yeah, we've had a 24 workshop on things to do, improvements in parks, and 25 we've never implemented any of that, so we put ten 101 1 thousand in the budget this year for that, so I'd like 2 to leave that in there and go forward with what we had 3 in the workshop and come to Commissioners' Court with 4 distribution of those funds. 5 COMMISSIONER LETZ: And I have no problem 6 with that. But I would leave the $206.47. 7 COMMISSIONER MOSER: Right. I agree with 8 that. 9 COMMISSIONER LETZ: So it would be 2000, 10 2000 and 2000, that would be fine. This is here for two 11 reasons: One is to authorize doing it and bringing the 12 Court up to speed, and then to work out the budget 13 amendment to move the funds appropriately. 14 So I'll make a motion that we authorize the 15 expenditure of up to six thousand dollars for repairs to 16 lighting at the Little League Fields. 2000 would come 17 from other category in the parks, 2000 out out of the 18 Little League line item under parks, and 2000 to come 19 out of the contingency fund. 20 COMMISSIONER MOSER: Second. 21 JUDGE KELLY: It's been moved by 22 Commissioner Letz, seconded by Commissioner Moser to 23 approve six thousand dollars payment for the repair of 24 the lighting -- the lights at the Little League Fields. 25 Any further discussion? Those in favor raise your hand. 102 1 Opposed? 2 COMMISSIONER MOSER: Jonathan, question. 3 Not on that, but related to it. All the electricity and 4 all that is paid by the Little League. That's what I 5 thought. That part just keeps getting better and better 6 and better out there, so good. 7 COMMISSIONER LETZ: And it's, you know, for 8 some new members on the Court, the current arrangement 9 with the Little League that we play games at the city 10 fields Mondays, Tuesdays and Thursdays. We're in 11 agreement with D-BAT's. Little League does not have the 12 opportunity to you use those fields on Fridays and 13 Saturdays, and then we do not have the opportunity to 14 use them for practice. So the county fields are used 15 for Saturday night games, Friday night games, and all 16 practices. 17 COMMISSIONER MOSER: One other similar to 18 that. When they go up and change some of these lights 19 and fix them and all, would they take a look at night? 20 Because I know they have been in the past, they're 21 glaring right down Highway 27. I don't know if they can 22 adjust those. 23 COMMISSIONER LETZ: They will re-aim all of 24 them to make sure they're properly aimed to the field. 25 And one of things that there's -- I receive calls 103 1 probably more than anybody else. But occasionally get 2 left on. They are on timers, but occasionally the 3 timers get stuck, so that's the reason for that. 4 They're not -- I mean, obviously they're supposed to 5 always go off. We try to make sure our coaches or 6 whoever's using the field make sure they're off before 7 they leave. But sometimes they're not as good about 8 doing that as they should be. 9 COMMISSIONER MOSER: Good facility. 10 JUDGE KELLY: Okay. Moving on to item 1.25 11 consider, discuss take appropriate action regarding 12 abandonment and discontinuing use of a portion of Second 13 Street in Center Point. 14 COMMISSIONER LETZ: Judge, I think we can 15 wait and talk about that after executive session. 16 JUDGE KELLY: Then we'll go straight over to 17 items 4.1 pay bills. 18 MR. ROBLES: No bills today. 19 JUDGE KELLY: Budge amendments? 20 MR. ROBLES: No, Sir. 21 JUDGE KELLY: Late bills? 22 MR. ROBLES: No, Sir. 23 JUDGE KELLY: Approve and accept monthly 24 reports. Commissioner Harris. 25 COMMISSIONER HARRIS: Okay. February, 2019, 104 1 County Clerk, Jackie, J.D., Dowdy. For February, 2019 2 Constable Precinct 3, Ken Wilke, and February, 2019 3 Animal Services, Reagan Givens, Director. 4 I move for approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE KELLY: I'll second that. It's been 7 moved by Commissioner Harris, seconded by me to approve 8 the monthly reports. Any further discussion? Those in 9 favor raise your hand. 5-0, unanimous. 10 Auditor's report? 11 MR. ROBLES: No, Sir. 12 JUDGE KELLY: Court orders? 13 COMMISSIONER LETZ: Yes, we do have court 14 order from our last Thursday, March the 21st meeting. 15 Court order 37365, 37366, 37367, and 37368, and move for 16 approval as presented. 17 COMMISSIONER HARRIS: Second. 18 JUDGE KELLY: Been moved by Commissioner 19 Letz, seconded by Commissioner Harris to approve the 20 court orders as presented. Those in favor raise your 21 hand. Unanimous, five zero. 22 COMMISSIONER MOSER: Question, Judge, let me 23 go back to 4.1. Do we approve the monthly reports, or 24 do we just accept them? 25 COMMISSIONER LETZ: I think we accept them. 105 1 COMMISSIONER MOSER: I think we accept them; 2 I don't think we approve. 3 COMMISSIONER BELEW: It says approve and 4 accept. 5 JUDGE KELLY: Maybe we probably change that 6 in the future to just accept. 7 COMMISSIONER MOSER: Accept, yeah. Good 8 deal. Thanks. 9 JUDGE KELLY: 5.1 reports from 10 Commissioners/Liaison Committee Assignments. Anything? 11 COMMISSIONER BELEW: Well, everybody's seen 12 the pictures of the Union Church floor. That's the 13 Historical Commission uses that, I guess more than 14 anybody else, so I've heard about it a bunch. And we're 15 going to have to do something about it or we're going to 16 have a lawsuit before long. 17 COMMISSIONER MOSER: Yeah. There's weddings 18 and everything else there. My granddaughter got married 19 there. 20 COMMISSIONER BELEW: Jody can tell you 21 better than anybody how often it's rented. 22 COMMISSIONER LETZ: I think mainly looking 23 at options on how to improve it. 24 JUDGE KELLY: I think maintenance is working 25 on that, so we're going to get a recommendation to us 106 1 and we'll address it. 2 Any other reports? 3 COMMISSIONER LETZ: One on the Hill Country 4 Youth Event Center, and Commissioner Harris and I 5 received a draft of a new agreement, so we're slowly 6 working on it, and see where -- you know, go over that 7 and bring that back at a future time. 8 JUDGE KELLY: That falls into our prior 9 workshop. 10 COMMISSIONER LETZ: Yeah. And the other 11 thing is it's just kind of floating out there, I'm not 12 sure what we should do with it, is vending machines, you 13 know. Someone came and wanted to change out all our 14 vending machines, and Rusty has his vending machine 15 people. 16 Anyway, how do we to want proceed with 17 vending machines? Do we want to, or leave it alone? We 18 never decided. So if we want to put it on a future 19 agenda to discuss and make a decision, want to do RFP's? 20 COMMISSIONER BELEW: Well, it's worthwhile. 21 The Sheriff, you make money for the jail with vending 22 machines, right? 23 SHERIFF HIERHOLZER: No. 24 COMMISSIONER BELEW: You don't make any 25 money? 107 1 SHERIFF HIERHOLZER: No. 2 COMMISSIONER BELEW: Well then, why put them 3 in? 4 COMMISSIONER LETZ: Well, people use them. 5 SHERIFF HIERHOLZER: At the jail, we have a 6 totally separate deal, there's no vending machines. We 7 do have vending machines in two locations out there in 8 the annex and the Sheriff's Office. And I thought we 9 had the same guy for probably 20 years. I thought that 10 we actually had a contract with him; we do not. The 11 county never has had one with them. I talked to him the 12 other day. He used to pay the county a little bit, you 13 know, depending on sales, and said sales dropped off to 14 where he quit paying, so the county is not making 15 anything off of any vending machine that we've got 16 through them, so it may be something y'all want to look 17 at changing and doing something. 18 COMMISSIONER LETZ: I mean we need to have 19 vending machines because employees, public uses them. 20 But I don't know how you do an RFP for them. You just 21 do on a percentage? Let them put in whatever they want 22 and we just get a percentage? 23 COMMISSIONER HARRIS: Well, I can tell you 24 how the school is, we got a monthly check on a 25 percentage. 108 1 COMMISSIONER MOSER: How do you select the 2 people who have the vending machine? 3 COMMISSIONER HARRIS: That's right it goes 4 to different clubs. However you set it up. You know at 5 school is different, if it's a club. Or we could put it 6 toward the Christmas Party of whatever else we want to 7 do with it. 8 COMMISSIONER MOSER: Put out an RFP what's 9 your best offer on percentage? 10 COMMISSIONER HARRIS: Right. A guaranteed 11 minimum. 12 COMMISSIONER LETZ: I just don't know how 13 you do it. 14 COMMISSIONER HARRIS: Christmas part or 15 something. 16 COMMISSIONER LETZ: Maybe it could go in the 17 general fund. 18 JUDGE KELLY: I might suggest that first of 19 all we need to little the investigation as to what we've 20 got, and who they are. So that they we know who we're 21 working with. I know we got one at the Sheriff's 22 Office, we got some upstairs. 23 COMMISSIONER LETZ: Same ones upstairs. We 24 have one that we're working with. 25 SHERIFF HIERHOLZER: It's the same company, 109 1 and I think all you have to do is ask them to come back 2 in and give y'all a proposal. 3 COMMISSIONER MOSER: Not a specific request, 4 but just say what's your offer, yeah. 5 COMMISSIONER LETZ: Because the amount's 6 going to be so low, we don't need to do an RFP. So we 7 could just, you know, let the company that's currently 8 doing it, and the company that contacted us know, and 9 say give us a proposal and we'll pick whatever we think 10 is the best one. 11 COMMISSIONER BELEW: Sweeten the deal up. 12 COMMISSIONER LETZ: Who deals with the 13 current contractor, Maintenance? Shane, do you ever 14 deal with them? 15 MR. EVANS: No. 16 COMMISSIONER LETZ: No, not me. 17 COMMISSIONER BELEW: He's like the tooth 18 fairy. 19 MRS. GRINSTEAD: When the gentlemen came a 20 couple of months ago or so. He contacted us and so 21 that's what we were looking for. We can't find the 22 contract. The one that's in here now has done it for 23 decades, I guess. And I think he just kind of fills the 24 machine. No one ever talks to him. 25 COMMISSIONER BELEW: He has his own key. 110 1 (Laughter.) 2 MRS. GRINSTEAD: I mean we were able to find 3 him and he responded, and he couldn't come the last time 4 we talked, he had a family emergency. But I mean I have 5 contact information for the one that currently does it, 6 and the one that would like an opportunity. 7 JUDGE KELLY: Well, let me suggest that we 8 just make an agenda item and invite them both to come 9 talk to us about it. 10 COMMISSIONER LETZ: Or maybe word the agenda 11 item for anyone that wants to. 12 COMMISSIONER HARRIS: I know the ones that 13 does it at the school, Dr. Pepper out of Mason, Texas. 14 COMMISSIONER MOSER: Yeah, anyone that wants 15 to. 16 COMMISSIONER LETZ: Anyone that wants to, 17 and we'll make a decision. 18 JUDGE KELLY: Put it on the agenda. Okay, 19 the last thing that I wanted to bring up, I had a talk 20 with the Sheriff about our website and open record 21 requests, the request for information. Currently, all 22 of those requests go to the Auditor's office. And there 23 is sometimes delay in getting those requests to the 24 appropriate departments where they need to be, I'm told. 25 MR. ROBLES: I don't know about that. 111 1 JUDGE KELLY: Hu? 2 MR. ROBLES: We send those out the same day 3 we get them. 4 MRS. STEBBINS: I get mine the same day. 5 SHERIFF HIERHOLZER: We have had, in talking 6 to Clay, where it took 8, 9, 10 days before we got it. 7 I don't know where it got lost or put, but it put us 8 right up against the time. And Clay who does all my 9 open records has asked me if there's anyway that we can 10 get that changed to where instead of that form saying 11 all open records requests go to the Auditor's office; 12 they should go to the department that they're intended 13 for. I mean, you know, just that. And not have that 14 form on there, because it doesn't matter whether you get 15 a phone call or -- 16 COMMISSIONER MOSER: Who decides on what 17 department they go to? 18 SHERIFF HIERHOLZER: Well, the caller, or 19 the person e-mailing. 20 COMMISSIONER MOSER: But they may not know. 21 COMMISSIONER BELEW: I had a conversation 22 with Clay about this the other day and he said on the 23 website, when you go to the website you go to the wrong 24 place. I investigated that and just looked at the 25 website. I can't tell what he's talking about. 112 1 SHERIFF HIERHOLZER: When you go to the 2 county website it goes to open records request and 3 there's a form, okay, and when you click on that it 4 opens up the form and the title of the form is to the 5 Auditor's Office, all open records requests go there to 6 the Auditor. 7 MR. TROLINGER: That is the issue, it's the 8 form and it says to address it to the Auditor's Office 9 on the form. 10 SHERIFF HIERHOLZER: It doesn't work in our 11 office. 12 COMMISSIONER MOSER: Well, James says they 13 do it the same day, so it's somewhere within the County. 14 MR. ROBLES: I've never heard a complaint 15 about someone not receiving an open records request on 16 time. Now, we would love for it not to come to our 17 office. We don't know why this was always that way, but 18 it is. 19 JUDGE KELLY: That's my question. 20 MR. ROBLES: We send it to the attorney and 21 the appropriate department as soon as we get it. 22 COMMISSIONER LETZ: I think they should go 23 to the County Attorney personally. 24 MRS. STEBBINS: What? How does this happen? 25 He's the one that brought this up. Give to it that guy. 113 1 COMMISSIONER BELEW: How many people 2 requesting records know what department they want them 3 from or where they're going to find them? So here's 4 what we should have on the website. We should have some 5 direction if your request involves X, you want to go to 6 the County Auditor, if your question involves X you want 7 to go to the Sheriff. 8 MRS. STEBBINS: Perfect job for a Public 9 Information Officer. 10 COMMISSIONER BELEW: But right now John 11 could do those updates. That could be easy enough. 12 MR. TROLINGER: Yes. 13 COMMISSIONER MOSER: Why wouldn't it go to 14 the County Attorney? 15 MRS. STEBBINS: I don't know. I've been 16 asking why it's this way since I got here five years 17 ago. I don't know why it's this way. Clay and I had 18 some conversation about it, and he had an opinion, and I 19 don't know, he gets some of them that don't come through 20 the Auditor's Office, he gets a lot of them. 21 SHERIFF HIERHOLZER: We get several open 22 record requests a day. 23 COMMISSIONER MOSER: Would you object if it 24 came -- if it said on the website in the form "County 25 Attorney's Office"? 114 1 MRS. STEBBINS: I would, yes. And this is 2 why. I would suggest to do one if you're looking for 3 law enforcement records from the Sheriff's Department, 4 and then all others can come to the County Attorney's 5 Office, and includes the employee designated for that. 6 COMMISSIONER MOSER: How do you put that on 7 the website? That's the question. 8 MRS. STEBBINS: Well, if you're looking for 9 Sheriff's Department records go here, if you're looking 10 for any other records go here. 11 JUDGE KELLY: Can I make a suggestion? 12 Since everything is going to the Auditor's Office, and 13 they've been the traffic cop so far, since the Sheriff's 14 Office is having problems with getting some of these 15 requests for information to them in a timely manner, 16 since IT oversees the operation of the website, and 17 since the County Attorney is the de facto person for 18 most RFI's that come into the County. Can y'all get 19 together and talk about this and make a recommendation 20 to us? 21 MRS. STEBBINS: Sure. Absolutely. 22 MR. TROLINGER: Yes, Sir. 23 JUDGE KELLY: That works good. 24 DO we have any other reports from elected 25 officials or anyone else? 115 1 Any updates on the East Kerr County/Center 2 Point Wastewater? 3 COMMISSIONER MOSER: Yeah, there is 4 something there. As the sewer system progresses there's 5 been more interest in it, which is a positive thing. 6 Starlite, their treatment facility, has indicated they 7 want to have discussions at an engineering level about 8 what it takes to tie into the system as an option for 9 them, which is extremely good, because there's a lot of 10 residents out there that do not want treated effluent, 11 especially with medical waste in it going into Verde 12 Creek. 13 Second thing there's a couple people that 14 are looking at developing small subdivisions, and 15 they're only interested in that because the sewer system 16 is there now. I got a call this weekend from one person 17 that has 40 acres near Verde Creek, and that he bought 18 that property with that intention, not knowing the sewer 19 system was coming in, so he's probably going to do 20 something on that. So that's all good from a County 21 perspective, so from development, and revenue, and ad 22 valorem taxes, and use of the system. So that's it. 23 JUDGE KELLY: Keep the discussions going. 24 Anything else? Then we will adjourn for five minutes, 25 and go into executive session and reconvene. 116 1 (Executive Session.) 2 JUDGE KELLY: Okay, it is 12:55 and the Kerr 3 County Commissioners' Court is back in session on 4 Monday, March the 25th, 2019. And the sole remaining 5 item on our agenda today is 1.25 consider, discuss and 6 take appropriate action regarding abandonment and 7 discontinuing use of a portion of Second Street in 8 Center Point, Texas. 9 COMMISSIONER LETZ: I'll make a motion that 10 Commissioners' Court begins the process to limit 11 access -- or limit and control access through Mosty 12 Nursery by either closing Second Street, or an 13 alternative that's agreeable to the business. 14 COMMISSIONER MOSER: Second. 15 JUDGE KELLY: Okay. Do you have that down? 16 THE REPORTER: Yes. 17 JUDGE KELLY: We have a motion and a second. 18 Any clarifications? Okay, those in favor raise your 19 hand. Five zero. 20 Don't say another word. We're adjourned. 21 * * * * * * 22 23 24 25 117 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 April, A.D. 2019. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/31/2020 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25