1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, June 10, 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. 9 4 1.1 Consider, discuss and take appropriate 11 action to authorize the County Attorney 5 to employ outside counsel to file a petition to terminate the Charles 6 Schreiner Road Fund. 7 1.19 Consider, discuss and take appropriate 17 action regarding order for disbursement 8 of salaries and routine office expenses, and discussion regarding weekly meetings. 9 1.23 Consider, discuss and take appropriate 19 10 action to rescind previous court orders dealing with payroll and direct payables. 11 1.2 Consider, discuss and take appropriate 21 12 action to approve a Letter of Credit as a financial guarantee for the construction 13 of road and drainage improvements in the Hidden Springs Phase 1 Subdivision. 14 1.3 Consider, discuss and take appropriate 22 15 action to approve construction Change Order No. 12 for the East Kerr County/ 16 Center Point Wastewater Project. 17 1.4 Consider, discuss and take appropriate 26 action for the Court to approve a revision 18 of plat for Pecan Valley No. 2, Lots 20, 21 and 22. 19 1.5 Consider, discuss and take appropriate 26 20 action to approve this concept plan that will combine unused right of way, (portion 21 of Foot Hill Drive that was never built) and 14 lots, (Block 5, Lots 5, 6, 7, 8, 10, 22 11, 12, 13, 14, and Block 6, Lots 8, 9, 10, 11, and 11A) of the Sunridge Subdivision 23 No. 2, Volume 2, Page 4, Precinct 4. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.6 Consider, discuss and take appropriate 28 action for the Court to approve an amending 4 Plat of Falling Water, Lot 43R, Block 1, Volume 7, Page 261. 5 1.7 Consider, discuss and take appropriate 30 6 action to purchase two sets playground equipment. One set for Lions Park, and 7 one set for Flat Rock Park. 8 1.8 Consider, discuss and take appropriate 35 action on designating Dog Park with 9 additional signage and markings, and rescind Court Order 37500. 10 1.9 Consider, discuss and take appropriate 38 11 action to approve first amendment to Interlocal Agreement with UGRA for the 12 fiscal year 2019 Feral Hog Abatement Program. 13 1.10 Consider, discuss and take appropriate 39 14 action to approve scope of work services with Peter W. Lewis, Architect + Associates 15 for architect services related to the Indoor Arena at the Hill Country Youth Event Center. 16 1.11 Consider, discuss and take appropriate 50 17 action to address the possibility of prohibiting the sale or use of restricted 18 fireworks, (i.e.: "skyrockets with sticks" and "missiles with fins") in any portion 19 of the unincorporated area of Kerr County pursuant to Local Government Code 352.051 20 for the 4th of July fireworks season. 21 1.12 Consider, discuss and take appropriate 51 action to request unclaimed capital credits 22 received from Electric Cooperatives pursuant to Section 74.602 of the Texas Property Code, 23 distributed by the Texas Comptroller of Public Accounts, and authorize the County 24 Judge to sign request form. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.13 Consider, discuss and take appropriate 52 action to surplus various chairs and 4 dispose of properly: 1062, 1047, 1086, 1071, 1095, 1064, 1061, 1104, 1089, 5 0428, 1 small multi-color mesh chair, and 1 large multi-color mesh chair. 6 1.15 Consider, discuss and take appropriate 53 7 action to set a public hearing on July 8, 2019 at 9:00 a.m. to be held in the 8 Commissioners' Courtroom, Kerr County Courthouse, 700 Main Street, Kerrville, 9 Texas for the purpose of presenting the County Clerk's Annual Record Archival Plan 10 in accordance with Local Government Code 118.025. 11 1.16 Consider, discuss and take appropriate 55 12 action to approve contract with Divide Volunteer Fire Department, and allow the 13 County Judge to sign same. 14 1.17 Consider, discuss and take appropriate 63 action to approve contract with Billy 15 Morgan's Construction to install a metal door between the County Court at Law jury 16 room and the Tax Assessor Office, and allow the County Judge to sign same. 17 1.18 Consider, discuss and take appropriate 66 18 action to accept donations from the month of May, 2019 as listed in the Kerr County 19 Animal Services donation log. 20 1.22 Consider, discuss and take appropriate 68 action on Contract Extension with Spectra 21 for the Hill Country Youth Event Center. 22 4.1 Pay bills. 73 23 4.4 Accept Monthly Reports. 73 24 4.6 Court Orders. 74 25 5.3 Reports from Elected Officials; discussions 74 related to reports may follow. 5 1 JUDGE KELLY: It is Monday, June the 10th, 2 2019 a little after 9 o'clock, and the Kerr County 3 Commissioners' Court is now in session. Please stand 4 for the prayer and pledge. 5 (Prayer and Pledge of Allegiance.) 6 JUDGE KELLY: Y'all can't see, but I do not 7 have a cell phone at the bench. I would encourage you 8 not to have cell phones with you, but if you do make 9 sure they are off, and make sure the vibrate mode cannot 10 be heard up here. Our policy is that the Sheriff will 11 take up the phones. We've not enforced that policy. 12 We've agreed to give everybody time to get used to the 13 policy, so I don't know, maybe today's the day; maybe 14 not. But if a phone goes off it will be noticed. 15 Okay, with that, first part of the agenda is 16 for Visitor's Input. Anyone wishing to speak to the 17 Court is welcome to come address us. Limit your remarks 18 to five minutes or less. If what you want to talk to us 19 about is on the agenda, then we would ask that you save 20 your time and talk to us when that agenda item is 21 called. Is there anyone who would like to address the 22 Court? 23 MR. LAVENDER: Yes, Sir. 24 JUDGE KELLY: Please give us your name and 25 address. 6 1 MR. LAVENDER: Jeff Lavender, 150 Southway, 2 Kerrville, Texas. I'm here on behalf of the Hill 3 Country Amateur Radio Club. We'd like to officially 4 invite the Commissioners out to see what we do in a 5 brief period. Between noon and 8 p.m. on June the 22nd. 6 Not this Saturday, but the following. The Amateur Radio 7 Relay League is having their annual hot world-wide field 8 day. It's basically an emergency communications 9 exercise to allow individuals to speak to different 10 individuals around the world. 11 Last year we communicated with 2300 12 different folks from all over the United States in a 13 24-hour period from noon Saturday until noon on Sunday. 14 So I would like to invite y'all to come by and see what 15 we're capable of doing in providing emergency 16 communications when cell phones fail, when cable lines 17 go down, national disasters, hurricanes, those kind of 18 things. We can provide a resource to y'all as emergency 19 communication systems, and be able to set up shelters, 20 and basically provide a resource that you may not be 21 aware of. 22 JUDGE KELLY: And remind us again where that 23 will be? 24 MR. LAVENDER: It will be at Our Lady of the 25 Hills Campus, underneath their outdoor basketball 7 1 pavilion. You can see it from the Mini Mart on 27 if 2 you look slightly left, off of Peterson Farm Road. And 3 we're going to set up Friday afternoon. We're going to 4 open up to the public between then and 8 p.m. so they 5 can come out. 6 And actually if you want to operate on the 7 radio we're going to have a station called a GOTA 8 Station, Get on the Air, and we'll allow you to sit 9 there and talk on the radio and make contact. We'll 10 have a little certificate for you, so y'all are welcome 11 to come out and do that. I appreciate the time. 12 COMMISSIONER MOSER: Don't you get some sort 13 of credit for the number of people that come out? 14 MR. LAVENDER: We get a hundred points for a 15 Commissioner to come out, a Peace Officer to come out, 16 an Emergency or First Responder to come out. So any 17 public servant that shows up out at our site, we get an 18 additional hundred points added to our score at the end 19 of the deal. And these scores are turned into the ARRL, 20 and then we kind of rank throughout the United States. 21 We're going to operate what is called a 22 three alpha station, an emergency power generator. 23 We're going to have three operators on three different 24 radios. And last year we placed I believe it was 25 seventh. The year previous, we were second in the three 8 1 alpha. 2 COMMISSIONER MOSER: So all we need to do is 3 come out there and take a look? 4 MR. LAVENDER: Come out and take a look. 5 COMMISSIONER MOSER: Mention, if you will, 6 and I won't take too long, but mention if you will the 7 trailer that someone had that was self-contained and 8 lived in it, and had the radio equipment? 9 MR. LAVENDER: I believe you're talking 10 about my trailer. 11 (Laughter.) 12 COMMISSIONER MOSER: Okay. I am. 13 MR. LAVENDER: Yes, Sir, you are. I have a 14 14-foot enclosed box V-nose trailer that has a queen 15 size bed and is air conditioned. And it has an amateur 16 radio station in it. So it can be towed to any 17 location. Self-contained via generator power. I can 18 basically take my truck and trailer and show up at your 19 place, and be ready to operate in a matter of about five 20 minutes of intense setup. 21 COMMISSIONER MOSER: Very impressive. 22 MR. LAVENDER: We also have a GOTA Station, 23 Get On The Air Station, that's in about an 8 by 12 foot 24 box trailer that another ham operator built as an 25 emergency communications mobile on wheels that he takes 9 1 to bicycle events, and more events around the County 2 where we provide communication for like for the Easter 3 Bicycle Ride at a weight station or an drink station. 4 COMMISSIONER MOSER: So it's on the 22nd? 5 MR. LAVENDER: 8 o'clock to noon, Our Lady 6 of The Hills. We'd love to see you guys out there. 7 We'd love to put you on the radio. Not only can Harley 8 talk, but all rest of y'all can get on there, too. You 9 don't need a license. We'll have someone there to 10 assist you, show you what you need. You just need to 11 show up and push the button and enjoy the time. And if 12 you have questions we'll be glad to assist you there. 13 JUDGE KELLY: Thank you very much. 14 Okay, Commissioner reports. 15 COMMISSIONER BELEW: I have my grandson with 16 me. Stand up, Jack. This is show and tell today, 17 right? This is my grandson Jack. He lives over in 18 Boerne, and he's staying with us for the weekend. I 19 took him out to the Folk Festival because he's a 20 Billgren Mandolin lover. So he's with us for a little 21 while. 22 We had about two and a half inches of rain 23 out in our neck of the woods since Thursday. And last 24 night wind was around 70 miles an hour. Things are 25 going pretty good. A few extra potholes because of the 10 1 rain. I'm the pothole guy. 2 And I don't think I have much -- the folk 3 festival has concluded, so I'm officially retired as 4 Fire Marshal for the folk festival as of yesterday. And 5 that's it. 6 COMMISSIONER MOSER: Super. Good. The 7 Sheriff told me this morning that someone -- and he'll 8 probably talk about that, someone drowned at Brinks 9 Crossing yesterday. Super popular place. Getting more 10 and more popular. One of the reasons is a big RV park 11 there is right in the proximity. 12 So last year, I counted 60 cars out there 13 one time, so traffic on that road is an issue. See if 14 we can get Martin Marietta maybe let us use some land 15 there to put a parking lot in to keep the people off of 16 the road. So that's all I have. 17 COMMISSIONER LETZ: Good rains. That's all 18 I have. 19 COMMISSIONER HARRIS: Well, I'd like to 20 remind people that this coming Friday the Divide will be 21 having their annual volunteer fire department fund 22 raiser from 5 to 9, I believe, are the hours. Come out 23 and get you a good steak and help them out. It always a 24 fun deal. 25 I went out to Crider's Saturday night, so 11 1 they're up and running for the summer from Memorial Day 2 to Labor Day, so that's a fun time as well. Come out 3 and visit West Kerr. 4 JUDGE KELLY: Okay. We got an inch. We 5 got lots of wind and just an inch. But that's all good. 6 Okay, first item on the agenda is 1.1 7 consider, discuss and take appropriate action to 8 authorize the County Attorney to employ outside counsel 9 to file a petition to terminate the Charles Schreiner 10 Road Fund. 11 MRS. STEBBINS: A couple months ago Tracy, 12 and Commissioners Belew and Harris contacted me about a 13 trust that was created about a hundred years ago to 14 serve their Precincts and the roads in their Precincts. 15 It is right now at Security State Bank and Trust and 16 losing money out of the principal. 17 I am not an expert in trusts, and reached 18 out to John Carlson to help advise me about what the 19 County can do. And the question was presented to him 20 whether or not the County can terminate that trust and 21 then invest the money in a way that would better serve 22 the purposes of the trust. And that is taking care of 23 some of the roads out in Precincts 1 and 4. 24 And I provided y'all a memo last week from 25 John, and he is glad to represent the County in 12 1 terminating that trust so that it can be invested. Tracy 2 can talk to you a little bit more about that if you have 3 some questions about that. But I wanted y'all to be 4 able the make that decision, whether you would like to 5 employ him to do this for those precincts. 6 JUDGE KELLY: How much money we talking 7 about? 8 COMMISSIONER LETZ: It's a 150, 160, 9 somewhere in that range. And the conditions of the 10 trust originally were it was to be used for road work in 11 Precincts 1 and 4. 12 COMMISSIONER BELEW: But the funds were to 13 come from interest. 14 COMMISSIONER LETZ: Right. 15 COMMISSIONER BELEW: The interest is gone. 16 We're eating into the fund, so we're really not holding 17 up our end of the fiduciary responsibility, so we've got 18 to do something. Otherwise, it's just going to dwindle 19 away. 20 COMMISSIONER LETZ: And the reason is that 21 the investment income is minimall, and there's very 22 tight restrictions on how that money can be invested. 23 And the fees go up. 24 COMMISSIONER BELEW: So we gotta go through 25 the process of discovering a better placement for the 13 1 money, or whether to just withdraw it all and now use it 2 on roads. It was originally -- and here's my question 3 about it. Since it was originally set up to fund road 4 improvements in Precincts 1 and 4 only, and has been 5 used as such, abolish it then, the whole trust, and take 6 the funds out, does that also take away all the other 7 rules and standards that apply to that fund? 8 MRS. STEBBINS: The opinion that John gave 9 me was that no. In order to terminate the trust, it 10 would have to be stated in the petition that we would 11 honor it, and the purpose of the trust and how we would 12 do that, and so it would still be used for the purposes 13 intended a hundred years ago. 14 COMMISSIONER BELEW: Well, Kelly can tell 15 you that won't go real far, that amount of money right 16 now. So my recommendation is to reinvest it somewhere 17 where we get a better rate, and I think Don's on board 18 with that. 19 COMMISSIONER HARRIS: I agree. But we have 20 to -- we need to go through him to make sure we cross 21 all T's and dot all the I's properly. 22 MRS. STEBBINS: Because I'm not an expert in 23 that regard. I would recommend you retain Mr. Carlson 24 that is an expert in our community. 25 COMMISSIONER LETZ: Just thoughts about 14 1 that. Because it's been discussed as long as I've been 2 a Commissioner is that you're still going to -- well, 3 maybe we can -- it depends on -- can we invest it 4 locally by the County so we can get it outside of the 5 trustee? 6 MRS. STEBBINS: Yes. 7 COMMISSIONER BELEW: I think that would be 8 great, but we should review all options. 9 COMMISSIONER LETZ: Because if we have to 10 pay a fee, we're never going to get far enough to make 11 any -- 12 MRS. SOLDAN: I can either put it in Texas 13 Pool like where we have our bond money and stuff. There 14 wouldn't be a fee; it would just return interest. If we 15 invested locally at another bank, they would have to 16 pledge security, pledge money, because it's -- well no, 17 it's not over the 250,000. We would be fine. I can put 18 it in a CD, whatever's going to earn us the interest and 19 keep the principal safe. And then whatever interest we 20 earn could be used for road improvements and repairs. 21 COMMISSIONER BELEW: Are we going to do it 22 in a CD then, are we? 23 MRS. SOLDAN: We look at that option when we 24 get to that point. 25 COMMISSIONER BELEW: Just wherever we can 15 1 get the best return and the safest. 2 MRS. SOLDAN: Right. 3 JUDGE KELLY: You know that. 4 COMMISSIONER BELEW: Okay, so we need to 5 vote on this to proceed or what? 6 COMMISSIONER MOSER: To authorize. 7 COMMISSIONER BELEW: So I make a motion that 8 we authorize that we use John Carlson, and hire him. Do 9 we need to put a limit on that? 10 MRS. STEBBINS: You can put a limit on that, 11 absolutely. I don't -- 12 COMMISSIONER HARRIS: Have you discussed 13 ballpark with him? 14 MRS. STEBBINS: I have not discussed 15 ballpark with him, but if you tell me what the limit is 16 that you would like to place on that service, I think 17 from what I understand it's a fairly cut and dry 18 process. File a petition up here in the District Court, 19 and we'd be -- 20 COMMISSIONER MOSER: Where would the monies 21 come from, the X amount? 22 COMMISSIONER BELEW: That's James's 23 question? Where are we going to get the money? 24 MRS. STEBBINS: I have money for outside 25 counsel in my account, or in my -- 16 1 COMMISSIONER BELEW: Would that include the 2 filing fee? Can it be used for that? 3 MRS. STEBBINS: I don't know. 4 COMMISSIONER BELEW: Or is that part of -- 5 MRS. STEBBINS: I'm sure it can be used for 6 that, yes. 7 COMMISSIONER MOSER: Can the trust be used 8 to pay for the attorney? 9 COMMISSIONER BELEW: It won't cost us 10 anymore than what we're losing right now. 11 COMMISSIONER LETZ: I think if the County 12 Attorney has the funds, I'd recommend it come out of 13 that fund. And what, a couple thousand dollars? 14 MRS. STEBBINS: Probably. That's what I 15 would guess. A couple, $3,000.00 maybe. I can ask John 16 to confirm the amount. I can probably do that between 17 now and the end of this meeting and find out what his 18 ballpark is. But if you -- 19 COMMISSIONER BELEW: And you have that 20 covered, your expenses? 21 MRS. STEBBINS: Yes. If it falls outside of 22 that for some reason, I'll let y'all know? 23 COMMISSIONER BELEW: Then my motion would be 24 that we engage John Carlson, and use funds from County 25 Attorney's Office. 17 1 COMMISSIONER MOSER: For an amount not to 2 exceed. 3 COMMISSIONER BELEW: For an amount not to 4 exceed $3,000.00. 5 COMMISSIONER HARRIS: I second that. 6 JUDGE KELLY: There's been a motion made by 7 Commissioner Belew, seconded by Commissioner Harris to 8 retain outside counsel, John Carlson, to terminate the 9 Charles Schreiner Road Fund, Trust or Fund, not to 10 exceed $3,000.00. Any other discussion? 11 MRS. STEBBINS: Whatever I can do as part of 12 those proceedings to reduce the amount of time he spends 13 on this case, I will, so that will reduce how much we'll 14 have to end up paying. 15 JUDGE KELLY: Well, I've known John Carlson 16 since he's opened up practice here, and he's eminently 17 reasonable, and I'm not worried about his fees at all. 18 COMMISSIONER BELEW: And competent. 19 JUDGE KELLY: And competent, yes. Those in 20 favor raise your hand. Five zero, unanimous. 21 MRS. STEBBINS: Thank you. 22 JUDGE KELLY: I've been asked to take out of 23 order item 1.19 on the agenda, which is consider, 24 discuss and take appropriate action regarding order for 25 disbursement of salaries and routine office expenses, 18 1 and discussion regarding weekly meetings. 2 We talked about this before. Our County 3 Treasurer reported to us that the Bill passed that we 4 are no longer required to have our Thursday morning 5 meetings. We have a draft order, I think, that's been 6 in the notebook. 7 COMMISSIONER MOSER: It's in our backup. 8 JUDGE KELLY: Now, for those of you that are 9 not familiar, the Attorney General required that we have 10 a meeting so many days before we pay payroll, and we 11 adopted a Thursday morning meeting, which we've been 12 doing religiously. We're no longer required to do that. 13 The legislature amended the statute to relieve us of 14 that requirement; however, we do like meeting on 15 Thursday mornings because it gives us a chance to talk. 16 COMMISSIONER LETZ: I make a motion that we 17 pass the order as prepared, and presented this morning. 18 COMMISSIONER MOSER: Second. 19 JUDGE KELLY: Motion been made by 20 Commissioner Letz, seconded by Commissioner Moser to 21 approve the order as presented. Is there any further 22 discussion? Those in favor raise your hand. Five zero. 23 COMMISSIONER LETZ: Judge, we'll have a 24 later, or future discussion on whether we're going to 25 continue and on how we're going to proceed with those 19 1 meetings, right? 2 JUDGE KELLY: Right. 3 MRS. SOLDAN: Judge, item number 23 on the 4 addendum also relates to this as far as paying bills, 5 rescinding some prior court orders. 6 JUDGE KELLY: Okay. Item number 23? 7 MRS. SOLDAN: Yes, Sir. 8 JUDGE KELLY: Okay, item 1.23 consider, 9 discuss and take appropriate action to rescind previous 10 court orders dealing with payroll and direct payables. 11 Is what we do, address this, too? 12 MRS. SOLDAN: There's some prior court 13 orders that were issued in regards to paying, you just 14 need to rescind. And I believe the County Clerk got you 15 those court orders to rescind. 16 COMMISSIONER MOSER: I don't even know the 17 numbers. 18 MRS. GRINSTEAD: They're in your backup, or 19 probably in your L Drive, or you should have hard 20 copies. There's three total. 21 JUDGE KELLY: The orders that we're talking 22 about order number 36303, which is an August 28th, 2017 23 order. Order No. 31701, which is an April 26, 2010 24 order? And -- whoa, number 14974, which is a March 14, 25 1983 order. And we're going to rescind all three of 20 1 those orders, that's the proposal? 2 MRS. SOLDAN: Yes, Sir. 3 JUDGE KELLY: Any other discussion? 4 COMMISSIONER LETZ: Is that a motion you 5 made? 6 JUDGE KELLY: I'll make a motion that we 7 rescind all three of those orders. 8 COMMISSIONER LETZ: Second. 9 JUDGE KELLY: So I made the motion, and 10 seconded by Commissioner Letz to rescind all three of 11 those orders. Those in favor raise your hand. Five 12 zero, unanimous. 13 MRS. GRINSTEAD: Judge, for clarification on 14 that last agenda item where we're not going to do 15 Thursday meetings, we do have a meeting posted for this 16 Thursday to pay bills, and the Auditor's Office expects 17 to pay bills on that date, so I just wanted to make sure 18 that -- 19 JUDGE KELLY: If we have got a posted 20 meeting, it's a legal meeting, and we will be here. 21 COMMISSIONER LETZ: We can still do them, I 22 think. We can put anything on the agenda we choose. 23 COMMISSIONER BELEW: But we need to do what 24 we stated on the agenda for this one. 25 JUDGE KELLY: Right. And we'll probably 21 1 keep doing the Thursday meetings, or some other time, 2 depending on the pleasure of the Court. But the meeting 3 is posted, and we will be there. 4 Okay, back to the regular agenda, item 1.2 5 consider, discuss and take appropriate action to approve 6 a Letter of Credit as a financial guarantee for the 7 construction of road and drainage improvements in the 8 Hidden Springs Phase 1 Subdivision. 9 MR. HASTINGS: Thank you, Judge. The Hidden 10 Springs Phase 1 final plat was approved on May 29, 2018, 11 along with a Letter of Credit No. 101208 in the amount 12 of $701,588.00 issued by Security State Bank & Trust 13 of Comfort, Texas as a financial guarantee for the 14 construction of roads and drainage associated with that 15 subdivision. 16 The roads and drainage have been constructed 17 but lacks the pavement surface and the vegetation in the 18 ditches, and the Letter of Credit expired on May 29, 19 2019. The developer has authorized that a new letter of 20 credit, number 114408, in the amount of $289,525.00 be 21 issued by Security State Bank & Trust of Comfort, Texas 22 as a financial guarantee to complete the remaining 23 construction, the paving and the revegitation that I 24 mentioned. It's dated May 29th, 2019, and it expires 25 May 29th, 2020. 22 1 County Engineer requests that the Court 2 approve the Letter of Credit number 114408 in the amount 3 of $289,525 issued by Security State Bank & Trust of 4 Comfort, Texas as a financial guarantee for the 5 construction of road and drainage improvements in the 6 Hidden Springs Phase 1 subdivision, Precinct 3. 7 COMMISSIONER LETZ: Move for approval. 8 COMMISSIONER HARRIS: Second. 9 JUDGE KELLY: Motion's been made by 10 Commissioner Letz, seconded by Commissioner Harris to 11 approve the Letter of Credit. Is there any further 12 discussion? Those in favor raise your hand. Five zero. 13 Item 1.3 consider, discuss and take 14 appropriate action to approve construction Change Order 15 No. 12 for the East Kerr County/Center Point Wastewater 16 Project. 17 MR. HASTINGS: Change Order No. 12 includes 18 the following items: TxDOT required traffic control 19 plan materials and devices, wastewater treatment plant 20 landscaping modifications. There was an additional 21 height on the berm, and additional trees and bushes, 22 lift Station N stair changes. There's a wrap around 23 design that better protects from flooding, and it's also 24 better aesthetically. Gas line repairs on Mosty Lane 25 and the immediate vicinity. Wastewater treatment plant 23 1 return activated sludge pipe rerouting. Wastewater 2 treatment plant headworks grating, excess flow basin 3 fence height increase from 6 to 8 feet. Lift station F. 4 FenceCrete fencing for security and a visual barrier. 5 Lift station E FenceCrete fencing for a visual barrier. 6 Wastewater treatment plant lighting control panel to 7 allow automatic and manual operation. Wastewater 8 treatment plant flexible base road along the top of the 9 berm outside of the excess flow basin, and adding 39 10 calendar days to the contract for inclement weather. 11 Our original contract price for this 12 project, this is the East Kerr County Wastewater 13 Project, is $29,898,570.00, and add 760 calendar days. 14 Our previous change orders deducted about two million 15 dollars, and 40 calendar days. Our current contract is 16 $27,822,624.44, with 800 calendar days. And Change 17 Order No. 12, the one that you're looking at now, is for 18 $199,610.67, and it will add 39 calendar days, bringing 19 the new contract total up to $28,022,235.11. 839 20 calendar days. That final day takes us to February the 21 17th, 2020 for a final completion. 22 County Engineer requests the Court approve 23 construction Change Order No. 12 for the East Kerr 24 County/Center Point Wastewater Project, Precincts 2 and 25 3. And the funds will come from contingencies. 24 1 COMMISSIONER MOSER: And nd how much do we 2 have left in contingencies? 3 MR. HASTINGS: We currently have a balance 4 of $670,797.23. 5 COMMISSIONER MOSER: Okay, and just to make 6 note, too on some of the changes have been for 7 FenceCrete fencing on Lift Station F and E, those two 8 things, and so we must have had something in the 9 original budget for fencing other than FenceCrete, so we 10 need to get credit for that -- 11 MR. HASTINGS: Yes. 12 COMMISSIONER MOSER: And we get credit for 13 eliminating the fencing on Lift Station N? 14 MR. HASTINGS: Yes. And I confirmed with 15 our contractors that those are reflected in those 16 prices. 17 COMMISSIONER MOSER: So that would come up 18 at a different part of another change order or whatever? 19 MR. HASTINGS: It's included in these 20 prices, so that is the net price for each one of these 21 items, it's in there. The net after the fence -- the 22 old fence was removed. 23 COMMISSIONER MOSER: So in item number 109, 24 the stair changes, that included eliminating the fence? 25 MR. HASTINGS: Yes it, does. Yes, Sir. 25 1 COMMISSIONER MOSER: Okay. I move for 2 approval. 3 COMMISSIONER LETZ: I'll second. 4 JUDGE KELLY: Motion's been made by 5 Commissioner Moser, seconded by Commissioner Letz to 6 approve Change Order No. 12 for the East Kerr 7 County/Center Point Wastewater Project. Any further 8 discussion? 9 COMMISSIONER LETZ: I'll make a comment that 10 Commissioner Moser and I both went through these in 11 quite detail, and Charlie has as well. And some of them 12 seem a little bit high, but that's what happens when you 13 do change orders. But they all were necessary and we 14 needed to do, and most of them are at the wastewater 15 plant. And there are just a lot of things at that plant 16 that you just couldn't figure out until they got into 17 that project at the wastewater treatment plant. 18 COMMISSIONER BELEW: Is it behind schedule, 19 or are we pretty well on line? 20 COMMISSIONER LETZ: On line, I think. 21 MR. HASTINGS: We're on line. And the 22 changes that we're making will be on line with the new 23 end date of February 17th. 24 JUDGE KELLY: Okay, any other discussion? 25 Those in favor raise your hand. Five zero, unanimous. 26 1 Next item on at the agenda is 1.4 consider, 2 discuss and take appropriate action for the Court to 3 approve a revision of plat for Pecan Valley No. 2, Lots 4 20, 21 and 22. 5 MR. HASTINGS: This proposed revision of 6 plat revises lots 20, 21 and 22 into two lots, Lots 20R, 7 7.4 acres, and Lot 22R, 3.45 acres. The public hearing 8 was held on May 13th, 2019. Access to lot 20R will be 9 on Doss drive, and access to lot 22R will be on Lesikar 10 Lane. County Engineer requests the Court approve the 11 revision of plat for Pecan Valley No. 2, Lots 20, 21 and 12 22, Volume 4, Page 193, Precinct 2. 13 COMMISSIONER MOSER: Move for approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Commissioner Moser has moved, 16 seconded by Commissioner Belew to approve the revision 17 of plat for Pecan Valley No. 2, Lots 20, 21 and 22. Any 18 further discussion? Those in favor raise your hand. 19 Unanimous, five zero. 20 Next item on the agenda is 1.5 consider, 21 discuss and take appropriate action for the Court to 22 approve a concept plan that will combine unused right of 23 way, a portion of Foot Hill Drive that was never built, 24 and 14 lots of Sunridge Subdivision No. 2. 25 MR. HASTINGS: Thank you. Steve 27 1 Christofferson owns both sides on the right of way for a 2 portion of Foot Hill Drive that was never built. He 3 wished to revise the plat in order to remove the unused 4 portion of right of way and combine it along with his 14 5 small lots into one lot. We've look at this with him 6 and we recommended that this could be handled through a 7 revision of plat since the right of way was dedicated by 8 a plat. Use the same document to remove it. There was 9 never a road built there, so there's no need to go 10 through the abandon, vacate and discontinue. 11 And so what we wanted to do was get the 12 Court to concur that the correct process is go through 13 the revision of plat. 14 So the County Engineer request the Court 15 consider, discuss and take appropriate action to approve 16 this concept plan that will combine unused right of way, 17 a portion of Foot Hill Drive that was never built, and 18 14 lots, Block 5, Lots 5,6,7,8 10, 11, 12, 13, 14, and 19 Block 6, Lots 8, 9, 10, 11 and 11A, of the Sunridge 20 Subdivision No. 2, Volume 2, Page 4, Precinct 4, and 21 allow him to come back with a revision of plat process 22 to remove this right of way and combined these lots. 23 COMMISSIONER HARRIS: It's all his property, 24 so -- 25 MR. HASTINGS: And it's in Precinct 4. 28 1 COMMISSIONER BELEW: And there's no need for 2 any public hearing? 3 MR. HASTINGS: There will be a public 4 hearing through the revision of plat. 5 COMMISSIONER HARRIS: I move for approval. 6 COMMISSIONER BELEW: Second. 7 JUDGE KELLY: Okay, it's been moved by 8 Commissioner Harris, seconded by Commissioner Belew to 9 approve the concept plan to combine the unused right of 10 way, a portion of Foot Hill Drive that was never built, 11 and 14 lots of Sunridge Subdivision No. 2. Any other 12 discussion? 13 COMMISSIONER LETZ: This is not going to 14 impact the other lots that are on Foot Hill Drive? 15 MR. HASTINGS: No, Sir. They'll still have 16 access. 17 JUDGE KELLY: Okay, those in favor raise 18 your hand. Unanimous, five zero. 19 Item 1.6 consider, discuss and take 20 appropriate action for the Court to approve an Amending 21 Plat of Falling Water, Lot 43R. 22 Thank thank you. This Amending Plat correct 23 errors to courses and distances that were on the 24 previous plat. 25 The County Engineer request in a that the 29 1 Court approve the Amending Plat of Falling Water Lot 2 43R, Block 1, Volume 7, Page 261, Precinct 3. 3 COMMISSIONER BELEW: Second. 4 COMMISSIONER LETZ: I'm interested how did 5 they figure out that there was a problem? 6 MR. HASTINGS: Let the surveyor answer that: 7 MR. BOERNER: So this lot is being sold to 8 a veteran -- 9 JUDGE KELLY: Please identify yourself. 10 MR. BOERNER: I'm Donnie Boerner. So I'm 11 the surveyor that did this plat. This property's being 12 sold to a veteran. And the VOB is real stringent on how 13 -- they're always going to go around these lots and make 14 sure that they close. And we were alerted that this lot 15 didn't close. And they won't close on this lot -- or 16 they won't finance this lot until these errors were 17 corrected, so that's how this all came about. 18 COMMISSIONER LETZ: Okay. Answered my 19 question. Move for approval. 20 COMMISSIONER BELEW: Second. 21 JUDGE KELLY: It's been moved by 22 Commissioner Letz, seconded by Commissioner Belew to 23 approve the Amending Plat for Falling Water Lot 43R. 24 Any other discussion? Those in favor raise your hand. 25 Five zero, unanimous. 30 1 Next item on the agenda is 1.7 consider, 2 discuss and take appropriate action to purchase two sets 3 playground equipment. One set for Lions Park, and one 4 set for Flat Rock Park. 5 COMMISSIONER MOSER: Thank you, Judge. 6 We've received a contract from Playground Equipment, 7 Etc. I think the County 'Attorney's had a chance take a 8 look at that -- 9 MRS. STEBBINS: I have yes, Sir. 10 COMMISSIONER MOSER: -- and sees no problem 11 with it. It's for an amount less than what we approved 12 in a previous Court Order for two sets of equipment. 13 One for -- the exact same equipment except for the 14 colors. One for Lions Park in Center Point, and the 15 other one for Flat Rock Park for the amount of about 16 $47,900.00. Part of this will be the proposal is from 17 them, is that the county install the equipment, they 18 will provide three days of supervision with their 19 installer on how to do this. It's to be determined when 20 we would do that. We'd have to coordinate the delivery 21 of the equipment, of both sets of equipment, coordinate 22 it with the Maintenance Department, with Road & Bridge, 23 and with the community who has volunteered to help us 24 with this. 25 And so the purpose of this is to -- I'll 31 1 make the motion that we accept the proposal for the two 2 sets playground equipment for Lions Park and for Flat 3 Rock Park, and to be determined when this will be 4 installed, depending on the schedule availability of 5 everyone. 6 COMMISSIONER BELEW: So was it ruled out 7 then that we use volunteer labor to help erect this; it 8 has to be -- 9 COMMISSIONER MOSER: Jonathan checked on 10 that. 11 COMMISSIONER LETZ: We can use volunteers, 12 but there is always still some liability. Our insurance 13 does cover the volunteers but, you know, it's just kind 14 of -- it could have an impact on our rates depending on 15 if there happens to be a claim, which is probably a 16 minimal chance of that. The question I had is this 17 doesn't seem like a Road & Bridge function; it seems 18 like if we're going to use county people, like 19 Maintenance. 20 COMMISSIONER MOSER: Well, it is. It's just 21 drilling holes for the posts, okay? And it's a six-inch 22 hole, so -- 23 COMMISSIONER LETZ: Sorry, Shane. 24 COMMISSIONER MOSER: -- I've talked to 25 Kelly, I've talked to Shane. And whoever can best do 32 1 that will do it. We don't have the plan or the schedule 2 how to do it, but we'll do that. Hopefully to get it 3 done like in the July time frame. 4 COMMISSIONER HARRIS: That's what my 5 question was. Sometime in the summer. 6 COMMISSIONER MOSER: Right. And the exact 7 location. 8 COMMISSIONER LETZ: My concern would be, and 9 it depends on the weather, and I don't want to get into 10 Kelly's business, but they're already behind on a very 11 ambitious sealcoat program. 12 COMMISSIONER MOSER: We're not going to let 13 that impact that. I talked to Kelly on that. 14 COMMISSIONER LETZ: So probably Maintenance 15 can help with this. 16 COMMISSIONER BELEW: And punch a few holes 17 in no time. 18 COMMISSIONER MOSER: And what I see based on 19 what the instructions for this, is drill the holes, set 20 the T-posts in there, and then everything goes from 21 there. And then as far as volunteer help, it would be 22 like a maximum of about four people, just picking up 23 items which are not too heavy, hold them in place while 24 you drill, and almost match drill, and install the 25 fasteners. So it's pretty straight forward from what I 33 1 can see. But schedule to be determined on availability 2 of all. 3 COMMISSIONER LETZ: Second. I'm a little 4 concerned about the installation side of it, but -- 5 COMMISSIONER MOSER: Well, okay. 6 COMMISSIONER BELEW: Well, our maintenance 7 men can certainly size people up. I'm not suggesting 8 you profile them, but pick the volunteers that look like 9 they know what they're doing. 10 MR. EVANS: I have some in mind already. 11 COMMISSIONER MOSER: Thank you. 12 JUDGE KELLY: So you got a motion. 13 COMMISSIONER MOSER: I got a motion. 14 COMMISSIONER LETZ: I seconded it. 15 JUDGE KELLY: Motion's been made by 16 Commissioner Moser, seconded by Commissioner Letz -- 17 COMMISSIONER LETZ: I want to make sure, I 18 mean on the volunteer part, or on the installation part 19 of it. 20 COMMISSIONER MOSER: Let's see if the 21 previous Court Order -- question was do we need to 22 rescind previous Court Order. 23 MRS. GRINSTEAD: We don't have a previous 24 Court Order on this one. 25 COMMISSIONER LETZ: We almost did. 34 1 COMMISSIONER MOSER: Jonathan, the 2 installation of the equipment is how to do it and when 3 to do it is to be determined, to be coordinated with 4 Shane, and Kelly, and the volunteers. 5 COMMISSIONER BELEW: Have you got a 6 recommended site for each one? 7 COMMISSIONER MOSER: In general, yeah. We 8 need to do exact. We're looking at one large tree in 9 Flat Rock Park, which will provide a lot of shade, and 10 the other location it's been identified in Lions Park 11 based on the Master Plan we developed four or five years 12 ago. 13 COMMISSIONER LETZ: And the only other 14 comment I have is, I don't think the'll be an issue, but 15 make sure Charlie approves the site from the standpoint 16 of a floodplain standpoint. 17 COMMISSIONER MOSER: Talked to Charlie about 18 it already, and Charlie said no problem. 19 MRS. STEBBINS: And also we're asked really 20 like what we usually do for other volunteers that work 21 in the county for the volunteers you get here. So let 22 me know when you get them lined up and I'll get you 23 something in your hand. 24 COMMISSIONER MOSER: Okay, good deal. We 25 can do that. 35 1 JUDGE KELLY: So exactly, what are the 2 details of this motion? 3 COMMISSIONER MOSER: The details of the 4 motion is to authorize the purchase of two sets 5 playground equipment from Playground Etc., one for Lions 6 Park, and the other for Flat Rock Park for the amount of 7 each set $23,945.00. 8 JUDGE KELLY: With installation details to 9 be determined by the appropriate county department. 10 COMMISSIONER MOSER: Correct. 11 COMMISSIONER LETZ: That's fine. 12 JUDGE KELLY: Okay, any other discussion? 13 Those in favor raise your hand. Five zero. 14 MRS. STEBBINS: Those details are in an 15 agreement that is in your backup, so it lays out what is 16 required, the time required, the tools required, all the 17 things that are needed. I mean even snacks and water 18 and Gatorade, so yeah. 19 COMMISSIONER BELEW: Oh boy, snacks. 20 MRS. STEBBINS: Snacks. You gotta feed 21 those that work for you. 22 COMMISSIONER MOSER: This isn't their first 23 rodeo. 24 JUDGE KELLY: Item 1.8 consider, discuss and 25 take appropriate action on designating Dog Park with 36 1 additional signage and markings, and rescind Court Order 2 37500. 3 COMMISSIONER MOSER: Let me find that Court 4 Order quickly. 5 COMMISSIONER BELEW: Is this mission free? 6 COMMISSIONER MOSER: No, no, no. Let's see, 7 the previous Court Order 37500 was to approve three 8 signs for Dog Park, for Flat Rock Lake Park, be 9 developed, created and manufactured by Kerr County 10 Maintenance Department for the purpose of notifying 11 public that dogs are at play, at a cost not to exceed 12 $300.00. I don't know that we need to rescind that 13 Court Order. We talked about having Road & Bridge do 14 that, but that's not in the Court Order. 15 So I provided to you in the backup the 16 location for three signs at Flat Rock Park. The first 17 sign would be a sign directing people to the off-leash 18 Dog Park at the very entrance of the park, and that's 19 shown in number one location. 20 Number two location would be the same sign 21 where the road forks and goes within the main part of 22 the park, and the other part goes back to the Dog Park. 23 And the third sign would be a sign which 24 clearly states entering off-leash Dog Park, and that 25 would be location number three right at the bridge or 37 1 right across the bridge. 2 So I make a motion that -- well, here I'm 3 providing information on what those signs would look 4 like, and I don't see any need to rescind that order. I 5 think the cost is probably going to be less than 6 $300.00, is what Shane's got quotes of about $55.00 per 7 sign. 8 There's additional discussion by some people 9 about amplifying the rules and all that kind of thing, 10 which I think is good, but I think that deserves more 11 discussion than we have to take up the time today to do. 12 JUDGE KELLY: So is there anything we need 13 to do today? 14 COMMISSIONER MOSER: I don't think there's 15 anything we need to do. I think we've got the 16 authorization to do it, and so just an update. 17 COMMISSIONER HARRIS: Didn't we discuss 18 possibly just having one sign that last -- 19 COMMISSIONER MOSER: We talked about it, but 20 I think that's not best thing because people are still 21 confused where the Dog Park is. So putting up a sign at 22 entrance, okay, would say Dog Park that way, come to a 23 fork in the road, keep going. And then the third sign 24 is the one we talked about that the gentleman here 25 recommended, which I think is a good idea. 38 1 But with no additional signs for this 2 motion, down at the Dog Park area itself. So no further 3 action required. 4 JUDGE KELLY: Very well. Item 1.9 on the 5 agenda. Consider, discuss and take appropriate action 6 to approve first amendment to Interlocal Agreement with 7 UGRA for the fiscal year 2019 Feral Hog Abatement 8 Program. 9 COMMISSIONER HARRIS: Yes. On May 22nd, I 10 went to the UGRA Board Meeting and discussed our bounty 11 on hogs, and they graciously agreed to kick in another 12 $10,000.00 for this fiscal year. And you know, my 13 argument is they'd already spent $20,000.00 that we had 14 gone through, and the way hogs are if you quit now, you 15 basically just wasted that 20 grand, and they agreed. 16 So we also kicked in $5000.00 from the County, and the 17 agreement was, which we probably gotten already close to 18 spending it, use that 5000 first, and then start their 19 ten thousand that they're kicking in. 20 COMMISSIONER BELEW: So run through October? 21 COMMISSIONER HARRIS: Yes. Hopefully it's 22 more than what we'll need, but I'd hate -- at first they 23 were talking about just kicking in another five, and you 24 know I didn't want to have to go back to them again and 25 ask for more, and they agreed, so -- 39 1 COMMISSIONER MOSER: Based on my property, a 2 small data point. Hogs are increasing. So you'll 3 probably need it. 4 COMMISSIONER HARRIS: You bet. All right. 5 So I move that we accept their $10,000.00 for this 6 fiscal year from UGRA. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: Been moved by Commissioner 9 Harris, seconded by Commissioner Belew to approve the 10 first amendment to the Interlocal Agreement with UGRA, 11 for fiscal year 2019 Feral Hog Abatement Program. Any 12 other discussion? Those in favor raise your hand. Five 13 zero. 14 Next item on the agenda is 1.10 consider, 15 discuss and take appropriate action to approve scope of 16 work services with Peter W. Lewis, Architect + 17 Associates for architect services related to the indoor 18 arena at the Hill Country Youth Event Center. 19 COMMISSIONER LETZ: I'll get started on 20 this, Judge. I mentioned previously that when we did 21 cancel our agreement that we had with Peter Lewis to do 22 some work at the Juvenile Detention facilities, but 23 there is some work -- so we need a scope of work and 24 some information, or basic work done at the Hill Country 25 Youth Event Center at the indoor arena. Very short 40 1 similar scope of work agreement outlines that work. 2 And Peter, do you have any other comments? 3 MR. LEWIS: Well, this is, you know, a 4 specific work order that takes part of our open -- or 5 term services, an open agreement with the County. We 6 are still -- in terms of an aggregate fee are still well 7 within the limits of that open-ended agreement. And 8 we've got two other projects. This is for -- we're 9 wrapping up -- actually we've got three other projects 10 that we're wrapping up, and we're getting budgets put 11 together and come in and present to Commissioners' Court 12 on the 24th, Jonathan? 13 COMMISSIONER LETZ: Yes. 14 MR. LEWIS: And this would be included in 15 that as well. And those other three projects are the 16 Animal Services Facility, Courthouse Landscaping, and 17 the Annex Lower Level reconfiguration. 18 COMMISSIONER MOSER: So the cost estimate 19 this will come back on the 24th, Jonathan, is that what 20 you said? 21 COMMISSIONER LETZ: No, this is the -- yeah. 22 We're just approving the scope. 23 COMMISSIONER MOSER: For the work itself. 24 COMMISSIONER LETZ: Right. Hopefully by 25 then; if not, maybe a little bit later he'll have an 41 1 estimate. 2 JUDGE KELLY: What were the projects again? 3 MR. LEWIS: Animal Services. You have this 4 one. Animal Services, which is a design on a new 5 facility on existing property, or property to be 6 determined. Courthouse landscaping, which is the 7 overall grounds upgrading, and then the annex lower 8 level, which is the departmental shift and 9 reconfiguration. 10 COMMISSIONER BELEW: I have a question for 11 you, Peter. In the Animal Services lay of the land over 12 there could be different than a site to be determined? 13 MR. LEWIS: Yes. 14 COMMISSIONER BELEW: How do you take that 15 into account? 16 MR. LEWIS: Well, Jonathan and I have talked 17 about that, and the design that we've come up with is we 18 understand the lay of the land there. There is some 19 property that might be -- some additional property that 20 might be available to allow the construction of the 21 design as presented. We've worked with Reagan Givens, 22 and so the design we've got is pretty simple, it meets 23 all the program requirements and the projected needs. 24 And because of the topography, the development of this 25 site, and the possible need of additional property, due 42 1 to that it makes some sense to consider another piece of 2 property somewhere else. Or we could -- 3 COMMISSIONER LETZ: The design from there, 4 it could go anywhere. It's not driven by that spot, but 5 it would fit on that spot. 6 MR. LEWIS: And we did research several 7 other facilities, Fredericksburg, and then Kendall 8 County. And this is really patterned after Kendall 9 County, which seems to work very well. 10 COMMISSIONER BELEW: With plenty of parking? 11 MR. LEWIS: Plenty of parking. And 12 significant increase in the number of kennels, based on 13 the demand on -- I say the demand here for those 14 services. 15 COMMISSIONER LETZ: Also it meets a lot of 16 the really health and safety of both the workers and 17 the -- 18 MR. LEWIS: Quarantine. 19 COMMISSIONER LETZ: I'll make a motion that 20 we approve the scope of services from Peter Lewis, 21 Architect + Associates as presented. 22 COMMISSIONER BELEW: Second. 23 JUDGE KELLY: Motion made by Commissioner 24 Letz, seconded by Commissioner Belew to approve the 25 scope of service with Peter Lewis, Architect + 43 1 Associates for the indoor arena at the Hill Country 2 Youth Event Center. Any discussion? 3 The only comment I would make is I feel like 4 we keep walking around the elephant in the middle of a 5 living room here. How are we going to pay for this? 6 COMMISSIONER LETZ: That's exactly why I 7 pushed Peter, and it'll be on the next agenda, because 8 we're almost at the point of getting -- you know, 9 looking at dollars that we talked about juvenile -- or 10 not juvenile; a Justice Center possibility. And I put 11 everything on hold for a minute and thought there's no 12 need for that right now. It's back on the front burner. 13 And to me it'll be a bond issue. And it depends on when 14 it gets run. We do not have the funds for these 15 projects, you know, out of our budget. 16 And I think that it's, you know, I don't 17 want to even toss out a number yet, that's why we have 18 hired Peter. But the largest portion will be the Animal 19 Control facility, and certainly take it to the community 20 that really wants us to push on that, and I think it 21 needs to go before the voters. 22 COMMISSIONER BELEW: Right. 23 COMMISSIONER LETZ: And the other items are 24 necessary. A lot of it we refer to it frequently as a 25 landscape project, but that is really more to a large 44 1 part is to the courthouse security project. 2 COMMISSIONER BELEW: So in descending order, 3 Peter, the animal shelter is the highest dog price, 4 followed by -- 5 MR. LEWIS: Yes. 6 COMMISSIONER BELEW: -- the courthouse, or 7 followed by the AG Barn? 8 MR. LEWIS: AG Barn. 9 COMMISSIONER BELEW: AG Barn will be a 10 pretty big expense. 11 COMMISSIONER MOSER: I don't think you can 12 prioritize them. 13 COMMISSIONER BELEW: I would prioritize them 14 by dollar amount first. 15 COMMISSIONER LETZ: Well, the dollar amount, 16 those two would be -- 17 MR. LEWIS: I think they would be pretty 18 close. 19 COMMISSIONER BELEW: And one of them 20 generates revenue, and the other one does not. 21 MR. LEWIS: So the lower level annex has 22 some issues that have to do with ongoing operations and 23 reconfiguration. If the plan is accepted and adopted. 24 COMMISSIONER BELEW: Now, I thought we were 25 talking about the landscape. You're talking about also 45 1 reconfiguration of downstairs. 2 MR. LEWIS: Yes. 3 COMMISSIONER BELEW: Is that part of the 4 overall for the courthouse? 5 COMMISSIONER LETZ: That's the fourth. 6 That's not the landscaping. There's four projects. 7 COMMISSIONER BELEW: That's an easy one, 8 right? 9 MR. LEWIS: Well, the construction is not as 10 easy based on the plans we've generated, because we deal 11 with ongoing operations and moving people around on a 12 temporary basis, and that's going to -- that will affect 13 the cost of it. It's not something that can be done in 14 one fail piece. There's a linear process to execute on 15 pieces and parts of it, and move people into -- 16 COMMISSIONER BELEW: Most of it your 17 install, you're putting in a few walls and moving people 18 around? 19 MR. LEWIS: Yes, Sir. And when we present 20 you'll have a better sense of the scope, yeah. We have 21 looked at all the uses. I think we're leveraging the 22 current layout as much as possible, so -- 23 COMMISSIONER MOSER: Well, the concept for 24 bonding or whatever to make this part of the budget 25 process and bring this forward and then to say set that 46 1 aside and that's going to have to be a bond issue, or 2 what? 3 COMMISSIONER LETZ: Well, I think we're 4 getting ready to go into budget, and this is a big 5 ticket item. So I think the timing makes sense to at 6 least for us to decide what we're going to to, if 7 anything. We can say we're not going to do any of it. 8 COMMISSIONER BELEW: Well, in your words, 9 Tom, some of them are nice to have, and some of them may 10 be necessary. I personally think if it's a necessary 11 item to find out where -- to map out the courthouse lawn 12 and find out where all the utilities and the rest of it 13 is, I think that really is important. 14 COMMISSIONER LETZ: And I think that we 15 have, in my mind, a fiduciary responsibility to keep up 16 our buildings. And we also have a responsibility, maybe 17 not fiduciary, to work with our work place. So I think 18 that -- I mean none of these are on a wish list in my 19 mind; they all need to be done. And we have wasted 20 space downstairs, you know, we're not utilizing. We've 21 reconfigured things a lot when we did that ten years 22 ago, or 20 years ago, or 30 years ago. How long ago did 23 we do that renovation? 24 MR. LEWIS: 23, 24 years ago. 25 COMMISSIONER LETZ: The Hill Country Youth 47 1 Event Center, you know, there's things out there that 2 just need repaired. Most of those items are repair. 3 They've been in existence since the 60's. 4 So a lot of the stuff, I mean the 5 courthouse, some of it is nice, but there's a fair 6 amount of it becomes security issues. And we visited 7 with the courthouse -- or with Rusty quite a bit on this 8 and we have some concerns here. And we've talked about 9 that a lot. 10 COMMISSIONER BELEW: That's a separate 11 issue. It's part of the responsibility, I get that. 12 But it's not what we're discussing today. 13 COMMISSIONER LETZ: Yes, it is. We call it 14 a landscape plan, but a lot of that is making 15 modifications that are very safety driven. 16 COMMISSIONER BELEW: Well, then that should 17 be stated that way. I wouldn't put landscape on it. I 18 would label it as courthouse security or something. And 19 having a nice looking landscape is a lot different than 20 having a secure courthouse, and I think the voters need 21 to know that. 22 COMMISSIONER LETZ: That's why we're 23 presenting it. I've looked at it obviously, a lot, all 24 of these projects. Everyone else needs to spend some 25 time, look at them, and figure out what y'all's opinions 48 1 are. 2 COMMISSIONER BELEW: Expensive. 3 COMMISSIONER MOSER: On the list of buying 4 items, we've also talked about about purchasing land, 5 you know, for future stuff. It's probably something we 6 oughta think about. 7 COMMISSIONER LETZ: I think we -- yeah. 8 And I don't disagree with that. But we need to put a 9 closure around the items in my mind when we can set a 10 date to move forward. And that's kind of what I'm 11 trying to get to. 12 COMMISSIONER MOSER: Okay. Good enough. 13 JUDGE KELLY: I forget, who made the motion 14 and who seconded it? 15 COMMISSIONER BELEW: I seconded it. 16 COMMISSIONER LETZ: I made the motion and he 17 seconded it. 18 JUDGE KELLY: Okay. Motion been made by 19 Commissioner Letz, seconded by Commissioner Belew to 20 approve the scope of work of Peter Lewis, work on the 21 indoor arena at the Hill Country Youth Event Center. 22 Those in favor raise your hand. Opposed? 23 JUDGE KELLY: And I have the upmost respect 24 and admiration for Peter and I love his work. We need 25 to visit Animal Services. I'm not happy with that 49 1 situation. I'm not happy with putting lipstick on a pig 2 downstairs. We need a new courthouse annex. The lease 3 is up in two years, and we need to discuss these things 4 and we haven't done it. So I vote no at this time. 5 Passes four one. 6 COMMISSIONER HARRIS: I agree with you, 7 Judge, that we do need to look at some other options. 8 But I think him analyzing where we're at will help us in 9 the next -- 10 JUDGE KELLY: I love all of his work. I'm 11 just against the bond issue. 12 COMMISSIONER MOSER: It quantifies one of 13 the options, yeah. 14 JUDGE KELLY: I will oppose the bond issue. 15 Okay, next item on the agenda -- 16 MR. LEWIS: Thank you. 17 JUDGE KELLY: Thanks, Peter. 18 MR. LEWIS: Good day. 19 COMMISSIONER MOSER: Run, Peter, run. 20 JUDGE KELLY: I'll tell you what, Peter, 21 before you leave, just let me make a point. We're about 22 to go into a recess and take a break. But a lot of 23 people have been in this courtroom for the better part 24 of an hour waiting to present, and you were the first 25 one that we got up. 50 1 One of the things that I've talk about 2 Engineering and Road & Bridge about is trying to take 3 the items on the agenda that require visitor input 4 earlier in our agenda and trying to set at ten o'clock a 5 docket where we do the Road & Bridge. Everybody 6 listened to what we did on Road & Bridge and Engineering 7 and those are housekeeping things that go five zero all 8 the time. 9 So I want everybody to know what I'm trying 10 to work for is put y'all first and have your items on 11 the agenda at 9 o'clock, and then we have a Special 12 County Agenda at ten o'clock where we take care of our 13 housekeeping business. 14 Thanks for coming. I'm sorry you had to 15 wait. Let's take about a ten-minute break and come back 16 at ten minutes after ten. 17 (Recess.) 18 JUDGE KELLY: Court will come to order. 19 Next item on the agenda is 1.11 consider, discuss and 20 take appropriate action to address the possibility of 21 prohibiting the sale or use of restricted fireworks, 22 sky "rockets with sticks" and "missiles with fins", in 23 any portion of the unincorporated area of Kerr County 24 for the 4th of July weekend. 25 We have to visit this every holiday. What's 51 1 your pleasure? 2 COMMISSIONER BELEW: I move that we allow 3 the sale with the exceptions. 4 JUDGE KELLY: Okay. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: It's been moved by 7 Commissioner Belew, seconded by Commissioner Harris to 8 we allow the sale and use of fireworks, with the 9 exception of no "sky rockets with sticks" and "missiles 10 with fins" for the July 4th weekend. Any other 11 discussion? Those in favor raise your hand. Five zero. 12 Next item on the agenda is 1.12 consider, 13 discuss and take appropriate action to request unclaimed 14 capital credits received from Electric Cooperatives 15 pursuant to Section 74.602 of the Texas Property Code, 16 distributed by the Texas Comptroller of Public Accounts, 17 and authorize -- well, take the necessary action. 18 Did we lose James? 19 MRS. GRINSTEAD: He was over in his office 20 just a second ago. 21 JUDGE KELLY: Okay, we'll pass on that. 22 We'll go to 1.13 -- there he is. 23 MRS. GRINSTEAD: There he is. 24 JUDGE KELLY: You're up, James. 25 MR. ROBLES: Good morning. How are y'all? 52 1 JUDGE KELLY: Good. 2 MR. ROBLES: This is where the capital 3 credits, we have to send them a letter saying that we 4 will receive the capital credits. We usually get 5 between 9 and 40 thousand for the last three years. And 6 we use that to pay for the portion of our Economic 7 Development Corporation. So this is just us requesting 8 the funding. 9 COMMISSIONER LETZ: I make a motion that we 10 request the funding of the unused unclaimed capital 11 credits. 12 COMMISSIONER HARRIS: Second. 13 JUDGE KELLY: Been moved by Commissioner 14 Letz, seconded by Commissioner Harris that we approve 15 the request for unclaimed capital credits for electric 16 cooperatives as distributed by the Texas Comptroller of 17 Public Accounts. Any further discussion? 18 COMMISSIONER LETZ: And just to make a 19 comment. James, these are designated, they have to be 20 used for economic development type purposes, correct? 21 MR. ROBLES: No. We they give us about a 22 dozen different uses. That's just the one we choose. 23 JUDGE KELLY: Those in favor raise your 24 hand. Five zero, unanimous. 25 1.13 consider, discuss and take appropriate 53 1 action to surplus various chairs and dispose of properly 2 of these various property items, including a small 3 multi-color mesh chair, and a large multi-color mesh 4 chair. 5 COMMISSIONER LETZ: I make a motion that we 6 approve to surplus the items as present. 7 COMMISSIONER MOSER: Second. 8 JUDGE KELLY: Been moved by Commissioner 9 Letz, seconded by Commissioner Moser to surplus these 10 items as presented. Any other discussion? Those in 11 favor raise your hand. Five zero. 12 1.14 consider, discuss and take appropriate 13 action for records preservation agreement between the 14 County Clerk and DPS, Data Preservation Solutions, which 15 are scheduled to include preservation of election 16 returns -- 17 MRS. DOWDY: We're going to pass on that 18 one. 19 JUDGE KELLY: Okay. That's on 14. 20 1.15 consider, discuss and take appropriate 21 action to set a public hearing on July 8 -- and this 22 says at 9 a.m., and I want to revisit that, to be held 23 in the Commissioners' Courtroom, Kerr County, for the 24 purpose of presenting the County Clerk's Annual Record 25 Archival Plan. So that's really what we're doing? 54 1 MRS. DOWDY: Yes. You set a public hearing 2 on that date at a set time. 3 C9OMMISSIONER LETZ: 10 a.m. 4 JUDGE KELLY: How do y'all feel about doing 5 it -- dealing with the public first, and then at ten 6 o'clock we'll start a regular county docket and you'll 7 be the first one. Are you okay with doing them at ten 8 a.m.? 9 MRS. DOWDY: Yes. 10 JUDGE KELLY: Okay, then I'll make a motion 11 that -- 12 COMMISSIONER MOSER: I think this would be a 13 public -- 14 COMMISSIONER LETZ: This will be at ten a.m. 15 Well, the public hearing will be important the public. 16 COMMISSIONER MOSER: Right. 17 JUDGE KELLY: Okay, then do it at 9 a.m. for 18 the public. Trying to do the public at 9 a.m. 19 COMMISSIONER MOSER: Yeah. This is a public 20 hearing. 21 JUDGE KELLY: Good catch. Okay, I move that 22 we have a public hearing at 9 a.m. on July 8 for the 23 purpose of presenting the County's Annual Record 24 Archival Plan. 25 COMMISSIONER MOSER: Second. 55 1 JUDGE KELLY: Seconded by Commissioner 2 Moser. Any other discussion? Those in favor raise your 3 hand. Five zero,unanimous. 4 1.16 consider, discuss and take appropriate 5 action to approve contract with the Divide Volunteer 6 Fire Department, and allow -- and execute that certain 7 paperwork. 8 What I don't -- we've got a contract to 9 execute with them, but I don't know why we're doing it 10 mid year, I really don't. 11 COMMISSIONER HARRIS: Did we miss it? 12 MRS. GRINSTEAD: No, no. It was sent out in 13 October. It's just taken this long to get it back from 14 them, all the paperwork that we need. There's also 15 still one Castle Lake, I don't have all of their 16 paperwork. What happened with Divide, they sent the 17 contracts a long time ago, but they didn't send an 18 updated roster, or the House Bill 1295 Form A. A lot of 19 the volunteer fire departments have problems with that 20 1295 form, and I just send constant e-mail reminders. 21 JUDGE KELLY: But we normally send these out 22 in October? 23 MRS. GRINSTEAD: I sent them out in October 24 of last year. Like I said Castle Lake's the same. I 25 sent out in October and I still don't have it back. 56 1 COMMISSIONER LETZ: I think your point's 2 really -- I think your point. You haven't said your 3 point, but I think I know it. 4 (Laughter.) 5 COMMISSIONER MOSER: What you really meant 6 to ask. 7 COMMISSIONER LETZ: I think we need to let 8 these -- they're not covered under the workers comp if 9 they don't have a contract with us. 10 MRS. GRINSTEAD: I don't know what else to 11 do. 12 COMMISSIONER LETZ: Because we were talking 13 about this, and trying to meet with the KARFA meeting 14 and really go over this, you know. It's not just a -- 15 it's a real contract, and if they don't do it -- 16 JUDGE KELLY: It's a real issue. 17 COMMISSIONER LETZ: It's a real issue. 18 JUDGE KELLY: Let me ask the County 19 Attorney, we have these contracts with the volunteer 20 fire departments. What authority do we have to deal 21 with these volunteer fire departments if we don't have a 22 contract, and what authority do we have when we have a 23 contract? What are we putting in these contracts? 24 COMMISSIONER MOSER: It's money. 25 MRS. STEBBINS: We are giving them money. 57 1 JUDGE KELLY: But it's pretty loose. 2 COMMISSIONER BELEW: Does it have an end 3 date? 4 MRS. GRINSTEAD: It does. It starts 5 October, it is our fiscal year. They get sent out at 6 the very beginning. As soon as you approve the budget, 7 I send those out. 90 percent of them seriously get them 8 back to me by the end of October. 9 JUDGE KELLY: And where I'm going with all 10 this is they've been working out there for over half a 11 year, and they're not insured. And what's our liability 12 exposure? What are we doing here? 13 COMMISSIONER LETZ: Well, workers comp 14 insurance, they don't have workers comp. 15 JUDGE KELLY: They have their liability 16 insurance, but they don't have workers comp. 17 COMMISSIONER BELEW: And they're supposed to 18 call if they're going out of county. They're supposed 19 to call. I don't know how many do that. The simple 20 answer I would think is to put return by date on when 21 they go out. 22 MRS. GRINSTEAD: But then what? What if 23 they don't? I literally -- I can't make them do it. 24 Like Castle Lake. 25 SHERIFF HIERHOLZER: Did you already send 58 1 them the money in the contract? 2 JUDGE KELLY: Yeah. 3 SHERIFF HIERHOLZER: Then don't send them 4 the money until you got the contract. 5 COMMISSIONER LETZ: We don't fund them until 6 we get the contract back. 7 MRS. GRINSTEAD: We've got to have the 8 contract back before they get funded. 9 MRS. STEBBINS: So they don't care about 10 that money? 11 MRS. GRINSTEAD: And that's what I tell 12 them, that money is only good through the end of 13 September. If you don't get it by then, you're not 14 going to get it. 15 MR. ROBLES: Most of the volunteer fire 16 departments request their money at the end of the year, 17 so we don't pay most of that out until the very end. 18 COMMISSIONER HARRIS: Well, we discussed 19 that at the KARFA meeting, and this is definitely 20 something to add to that. 21 COMMISSIONER MOSER: Well they have KARFA 22 meetings every -- 23 COMMISSIONER HARRIS: Well, it was this last 24 Thursday we talked about getting all together and 25 discussing different items, and so this would be at the 59 1 end of the list. 2 COMMISSIONER MOSER: Send the President of 3 KARFA an e-mail or a letter. 4 JUDGE KELLY: Should we consider another 5 workshop just to talk about our relationship with the 6 volunteer fire departments? 7 COMMISSIONER BELEW: Well, what is the 8 difficulty in the form, Jody? What will they say is the 9 problem of filling it out? 10 MRS. GRINSTEAD: I really don't know. And 11 it's the Texas Ethics Commission required it beginning 12 September 2016. You just go on-line. I haven't done it 13 from their side of it, but I just recently walked one of 14 our vendors through it. It literally takes two to three 15 minutes. But I think with the volunteer fire 16 departments, they're all volunteers and it's when they 17 get in, or when their secretary can do it. I don't 18 know. But every year there are some stragglers, and I 19 mean I can only do so much. But they get their letter 20 at the very beginning. As soon as you approve the 21 budget October first, those go out. 22 JUDGE KELLY: Do not thin that this is 23 criticism of you. 24 MRS. GRINSTEAD: No. But when I e-mail 25 them, I'll be like okay, you're running out of time to 60 1 get your funding. I want you to get that funding, but 2 we are not sending you funding until we have everything 3 we need. 4 COMMISSIONER LETZ: I think the KARFA 5 meeting is the best way to try to get it across to them. 6 COMMISSIONER HARRIS: I do, too. 7 COMMISSIONER LETZ: That's the best option, 8 I think. 9 JUDGE KELLY: Are we go to have a public 10 meeting with KARFA? I know you were talking about it, 11 Don. I didn't know who was going to attend the meeting. 12 COMMISSIONER HARRIS: Well, we were going to 13 ask Brian Alexander, the President of it, to try to get 14 them all together, and we could go over some stuff with 15 them. 16 COMMISSIONER MOSER: They get together every 17 month. 18 COMMISSIONER HARRIS: I thought they were 19 going to try to get together with us as a Court, and we 20 could do that in a workshop or whatever, but -- 21 COMMISSIONER LETZ: It's got to be a night 22 meeting then. 23 COMMISSIONER HARRIS: Most likely, because 24 they all work. 25 COMMISSIONER MOSER: Why doesn't somebody 61 1 just go to their KARFA meeting? 2 COMMISSIONER HARRIS: Well, I'll do that. 3 JUDGE KELLY: Sheriff? 4 SHERIFF HIERHOLZER: I really think you 5 oughta have a workshop here and have them come here. 6 The reason is, we go back and forth with them, too over 7 issues with dispatch, and we have gone to their KARFA 8 meetings, we've done -- and I think it may be a little 9 bit more advantageous to do it on our grounds, you might 10 say. 11 And these are the rules that the county's 12 going to have, because I have the same issues with them 13 on dispatching a lot of things. I think that's why at 14 one time Kerrville PD dispatched for them, and they quit 15 dispatching because all of them were trying to get it 16 done their own way. Certain ones want this, and there 17 needs to be some good rules set on what the procedure's 18 going to be. Whether it's funding, whether it's 19 contracts, whether it's dispatch, whether it's whatever. 20 COMMISSIONER LETZ: Okay. 21 COMMISSIONER BELEW: I agree with Rusty. I 22 think that if it's here it has a greater impact. I 23 think so. 24 JUDGE KELLY: But it would be a night 25 meeting more than likely. 62 1 COMMISSIONER HARRIS: Well, we may try to 2 make it each Chief or Assistant Chief, and give them a 3 few more options and get them a representative here 4 during the day. 5 COMMISSIONER LETZ: Do you have all the -- 6 do you have e-mails for all of them? 7 MRS. GRINSTEAD: I have an e-mail list for 8 all of them. 9 COMMISSIONER LETZ: Why don't you just send 10 out and say, you know, tell them that we're going to 11 have that meeting. 12 COMMISSIONER BELEW: That'll be a Thursday 13 meeting, or workshop? 14 COMMISSIONER LETZ: And just say ask if they 15 can have someone available at our meeting on -- you 16 know, what time do you want to do it, at ten o'clock in 17 the morning, or one o'clock, at some time during the day 18 to see if they can attend. If they say they can't get 19 there during the day, then we can look at -- 20 COMMISSIONER MOSER: We'll can set something 21 on fire. 22 JUDGE KELLY: Don't go there. 23 COMMISSIONER BELEW: Then the city 24 department would come in. 25 JUDGE KELLY: That's a whole other issue. 63 1 COMMISSIONER MOSER: They may show up. 2 JUDGE KELLY: Well, I'm going to go ahead 3 and make a motion we execute the contract with Divide 4 Volunteer Fire Department, but this is a topic that 5 needs to be continued. 6 COMMISSIONER HARRIS: Second. 7 JUDGE KELLY: Been moved and second. I 8 moved, and Commissioner Harris seconded that we approve 9 the contract with Divide Volunteer Fire Department. Any 10 other discussion? Those in favor raise your hand. 11 Unanimous, five zero. 12 1.17 consider, discuss and take appropriate 13 action to approve contract with Billy Morgan's 14 Construction to install a metal door between the County 15 Court at Law jury room and the Tax Assessor Office. And 16 I know Bob's out of town, and I think Judge Harris is 17 unavailable, so -- 18 MRS. STEBBINS: I think I can speak on this 19 if you'd like me to. 20 JUDGE KELLY: I think we all know it, but 21 please do. 22 MRS. STEBBINS: I prepared the contract for 23 the services of Billy Morgan's Construction Company. 24 The purpose is to put an emergency door between Judge 25 Harris's jury room and the Tax Assessor's Office so that 64 1 in the event of a fire or active shooter or something 2 like that there's another way out besides going through 3 the front hall. 4 JUDGE KELLY: This is part courthouse 5 security plan, and be able to have access on the north 6 end of the building? 7 MRS. STEBBINS: Yes, Sir. 8 JUDGE KELLY: And be able to get people 9 there to an exit. 10 COMMISSIONER MOSER: And who pays for it? 11 MRS. STEBBINS: The Tax Assessor said he has 12 money in his budget to pay for that door. 13 COMMISSIONER MOSER: Okay, move for 14 approval. 15 COMMISSIONER LETZ: Second. You approved 16 the contract, I guess, since you're presenting? 17 MRS. STEBBINS: Yes. 18 JUDGE KELLY: Motion made by Commissioner 19 Moser, seconded by Commissioner Letz to approve the 20 contract with the metal door between the County Court at 21 Law jury room and the Tax Assessor Office. Any other 22 discussion? 23 COMMISSIONER HARRIS: I might have a 24 question for Rusty. Have you looked at that? Does that 25 look -- you know where they're putting it or -- 65 1 SHERIFF HIERHOLZER: No. Haven't been 2 approached. I've been told they're going to do it a 3 couple times, but she talked about -- 4 MRS. STEBBINS: At the active shooter 5 meeting you were there, and she submitted it. 6 SHERIFF HIERHOLZER: She presented it for a 7 number of years that she thinks it's necessary, and some 8 of us weren't necessarily in agreement with that. But I 9 don't have a problem. 10 MRS. STEBBINS: The Courthouse Security 11 Committee approved it. 12 COMMISSIONER BELEW: The notion is that 13 instead of coming back out in the main hall you just 14 exit, is that correct? 15 COMMISSIONER MOSER: There's another way 16 out. 17 COMMISSIONER BELEW: Yes or no. 18 MRS. STEBBINS: That's correct. 19 COMMISSIONER BELEW: So that they're out of 20 visibility, and that's the real point. 21 MRS. STEBBINS: Sorry, I thought you were 22 asking Rusty. 23 COMMISSIONER BELEW: No. 24 JUDGE KELLY: This was a discussion approved 25 at the courthouse security meeting. 66 1 SHERIFF HIERHOLZER: Yes. And Bob did say 2 that he had money in his budget to pay for it. 3 JUDGE KELLY: He gratuitously and generously 4 offered to pay for it. 5 SHERIFF HIERHOLZER: I think it can only be 6 opened from the Judge's side -- 7 MRS. STEBBINS: That's right. 8 SHERIFF HIERHOLZER: -- so they couldn't 9 have somebody walk in on a jury. 10 JUDGE KELLY: Okay, motion's been made and 11 seconded. Any other discussion? Those in favor raise 12 your hand. Five zero. 13 Item 1.18 consider, discuss and take and 14 action to accept donations from the month of May, 2019 15 as listed in the Kerr County Animal Services donation 16 log. Reagan. 17 MR. GIVENS: Good morning. This is our 18 monthly donations that we've received for the month of 19 May. And I believe each of you have a list of those 20 items. 21 COMMISSIONER LETZ: Make a motion to accept 22 the list of the donated items. 23 COMMISSIONER HARRIS: Second. 24 JUDGE KELLY: Been moved by Commissioner 25 Letz, seconded by Commissioner Harris to approve the 67 1 donations as presented. Any further discussion? 2 COMMISSIONER BELEW: Wet cat food? Does 3 that mean in a can? 4 MR. GIVENS: Yes. 5 COMMISSIONER BELEW: I'm just making sure 6 we just weren't feeding wet cat. 7 COMMISSIONER MOSER: No. It's food for wet 8 cats. 9 COMMISSIONER BELEW: That could also be 10 called canned food, just for future reference. 11 (Laughter.) 12 JUDGE KELLY: Those in favor raise your 13 hand. 14 MR. GIVENS: I'll pass that along. 15 JUDGE KELLY: Do we of any litigation 16 updates? 17 MRS. STEBBINS: If y'all would like to go 18 into executive session and discuss -- 19 JUDGE KELLY: I'm saying, do we have 20 anything to discuss? It says litigation updates, and 21 then we have got economic development that Commissioner 22 Moser wanted to talk about. 23 MRS. STEBBINS: I don't necessarily need to 24 have discussion about it. I sent you all the litigation 25 updates. If you have questions, I'm glad to answer 68 1 them. 2 COMMISSIONER LETZ: I do have one item there 3 before we go into executive, 1.22. 4 JUDGE KELLY: Okay, on the addendum item 5 1.22 consider, discuss and take appropriate action on 6 contract extension with Spectra for the Hill Country 7 Youth Event Center. 8 COMMISSIONER LETZ: This is really just a 9 discussion item, because I think the other members of 10 the Court other than Don received it. There's a very 11 small second amendment to the contract for everyone to 12 look over. It'll be on our next agenda, and hopefully 13 for y'all to approve it. It's basically a five-year 14 extension. They're committing $35,000.00 in capital 15 items -- 16 COMMISSIONER MOSER: 75? 17 COMMISSIONER LETZ: 35 thousand. Capital 18 items. Management fee has increased. Some, not a whole 19 lot, maybe ten percent. Things of that nature. One of 20 the things -- so that's really just for people to look 21 at. 22 The other reason for it to be on the agenda, 23 and this will be on our next agenda to vote on, the 24 other item is that that part of the plan that we've 25 presented in next year's budget is for Jake to hire a 69 1 fourth person, so there will be four employees total, 2 including Jake. He has the money in his budget for this 3 year right now and has a candidate he'd like to hire 4 now. Would be able with the understanding if for some 5 reason the contract didn't go through, he wouldn't. But 6 it's a good time to get someone trained, on board out 7 there, and would be approved in the next agenda in the 8 future year's budget, or next year if we decided not to 9 do it for some reason. 10 Anyway, Jake, do you have anything to add to 11 that? I think to give authorization for him to proceed 12 with hiring, it looks like we're going to go with 13 another employee in next year's budget. Does that make 14 sense? 15 COMMISSIONER BELEW: We have to authorize 16 that? I don't see why we would need to authorize that. 17 COMMISSIONER LETZ: The contract has a 18 specific number of employees, or the budget has a 19 specific number of employees. 20 COMMISSIONER BELEW: So this increases the 21 budget? 22 COMMISSIONER LETZ: It will not increase the 23 budget for this year because this year it'll be within 24 the -- the process that we worked on this. It's kind of 25 a confusing process is that Jake will come up with a 70 1 budget to present it to us, we approve it. We pick up 2 the deficit this year if we -- you know, whatever the 3 deficit is going to be, there's going to be a projected 4 deficit for the year, and that's in addition to the 5 management fee. 6 We can say no and not spend the full amount 7 of the surplus in the budget this year. So this year 8 doesn't really have a budget impact to us on how much 9 we're paying, but next year it will make the expenses go 10 up, with the idea it will also make revenue go up. 11 That's why we want to hire a new person. 12 COMMISSIONER BELEW: What kind of money's 13 left over? How much money we talking about? 14 MR. WILLIAMSON: For this budget year? 15 COMMISSIONER BELEW: Surplus, yeah. For 16 this budget year. 17 MR. WILLIAMSON: Currently we're on pace to 18 come up in surplus if everything remains the same, and 19 no action's been taken, we should come in surplus of 20 around $24,000.00. 21 COMMISSIONER BELEW: Now, the person you're 22 talking about hiring, Jake, is that a person that would 23 be salaried, or hourly, or -- 24 MR. WILLIAMSON: Salary. 25 COMMISSIONER BELEW: Salary. At about what 71 1 rate? 2 MR. WILLIAMSON: The budgeting, looking for 3 what this position would pay, would be in the 35 to 38 4 thousand dollar range per year, plus benefits. 5 COMMISSIONER HARRIS: Well, if we did, we'd 6 even come out with a surplus for this fiscal year. 7 COMMISSIONER BELEW: Well, there's been 8 obvious growth this year. 9 MR. WILLIAMSON: Correct. 10 COMMISSIONER BELEW: The facility's doing 11 three events at the same time, and that will continue. 12 And I know you've been short handed. I've watched you 13 and Ed hustle around, and I agree they need help. But 14 it's almost already paid for. If we stay on track like 15 this it probably will be. Is that your point? 16 COMMISSIONER LETZ: Yes. I think it's a 17 good thing, the right thing to do. Because it is adding 18 another employee this year what we're projecting next 19 year. Jake doesn't want to go hire somebody for three 20 months and then have to lay them off. So we're not 21 approving the budget for next year, but it's an 22 indication the budget include the four employees out 23 there. 24 COMMISSIONER BELEW: But my point sort of 25 was this, and the reason I asked why we need to approve 72 1 this. If Jake has the money, why can't he hire 2 part-time help through the end of the year? 3 COMMISSIONER LETZ: I think he can hire 4 this year. But I think he didn't want to unless we were 5 on board with it. 6 COMMISSIONER BELEW: Because you want to 7 find a good candidate to keep? 8 MR. WILLIAMSON: Right. When we lost -- 9 when Robbin transferred, we put out two positions. And 10 we decided we were going to hire the best quality 11 candidate for those positions. Luckily, we had two 12 quality candidates. One for the finance side, which is 13 mission critical, and budget approved. The future 14 position of the event ops, marketing person, we had a 15 strong candidate, and so with that it helped us solidify 16 our goals of adding that person in the future, which led 17 us to the discussion of if we can approve the contract 18 extension, knowing that there will be a budget impact 19 for when we budget for next year. If we can approve 20 that, I can afford to bring that person on early and get 21 them trained for a busy season. 22 COMMISSIONER LETZ: I don't think we need to 23 take action on him doing it, but I think he needs to 24 know that we're proceeding in our next agenda item, I 25 think we can bring this contract back. 73 1 JUDGE KELLY: So we don't have any action? 2 COMMISSIONER LETZ: I don't think we need 3 it. I mean, James? 4 MR. ROBLES: No. 5 COMMISSIONER LETZ: Contract discussion and 6 direction. 7 JUDGE KELLY: Okay. Thanks, Jake. 8 MR. WILLIAMSON: You bet. 9 JUDGE KELLY: Before we break into executive 10 session, let's go to the approval agenda item 4.1 pay 11 the bills. 12 MR. ROBLES: Yes, Sir, we do have bills. 13 The total amount $2,167.58. Most of these are for per 14 diem reimbursements. And a couple bills we would have 15 we got a late fee had we not put them through this 16 agenda. 17 COMMISSIONER MOSER: Move for approval to 18 pay the bill of $2.167.58. 19 COMMISSIONER BELEW: Second. 20 JUDGE KELLY: Commissioner Moser made the 21 motion, seconded by Commissioner Belew to approve the 22 bills as presented. Any further discussion? Those in 23 favor raise your hand. Unanimous, five zero. 24 Item 4.4. 25 COMMISSIONER HARRIS: Monthly reports May, 74 1 2019 Constable Precinct 1, Tommy Rodriguez. May, 2019 2 report Constable Precinct 2, Kyle Schneider. May, 2019 3 fines, judgments and jury fees collected, J.P. 1, Mitzi 4 French. J.P. 2, J. R Hoyne. J.P. 3, Kathy Mitchell, 5 and J.P. 4, Bill Ragsdale, and May, 2019 County Clerk, 6 Jackie "JD" Dowdy. 7 I move for approval of these reports. 8 JUDGE KELLY: Okay, I'll second that. Any 9 other discussion? All those in favor raise your hand. 10 Reports are unanimously approved. 11 Anything else before we break into executive 12 session? 13 COMMISSIONER LETZ: Court orders. 14 JUDGE KELLY: Oh, yes. 15 COMMISSIONER LETZ: Court orders from the 16 June 6th meeting. Court orders 37514 through 37518. 17 They all look fine. I make a motion to approve. 18 JUDGE KELLY: Okay, I'll second that. 19 Commissioner Letz has moved, and I've seconded approval 20 of the court orders as presented. Any further 21 discussion? Those in favor raise your hand. Five zero. 22 Okay. 23 SHERIFF HIERHOLZER: You want to do elected 24 officials real quick just to be done? 25 JUDGE KELLY: Yes, Sir. 75 1 SHERIFF HIERHOLZER: I think all of y'all 2 know about the narcotic roundup we did this last week. 3 It did end up being very successful. There was a total 4 of 16 defendants, 23 felony arrest warrants. Most of 5 them were dealing meth, two of them were for marijuana. 6 But all those defendants have been arrested and dealt 7 with at this time. 8 And then the only other thing I think is -- 9 I'm sure most of y'all are aware, Kerr County lost a 10 very good doctor over the weekend, Dr. Dan Bacon passed 11 away. His services, I think they have viewing tonight 12 from five to seven. And his funeral will be at -- and 13 that's at Grime's. And his funeral is tomorrow at the 14 Methodist Church at 2 p.m. 15 I think they told me he delivered about 3500 16 kids in this community over the time. So he will be 17 sorely missed. Very good doctor, very good friend. 18 Thank you. 19 JUDGE KELLY: Oh, Rusty, I was going to ask 20 you about the drug bust. I noticed when I read about it 21 in the paper, there were some labs, some meth labs? 22 SHERIFF HIERHOLZER: Not labs. These 23 were -- the offense is manufactured delivery, that's the 24 title of the offense. These were all delivery cases. 25 JUDGE KELLY: So we're still dealing with -- 76 1 SHERIFF HIERHOLZER: Pretty well all our 2 meth is coming out of San Antonio through the cartel. I 3 mean that's what we're getting more. 4 JUDGE KELLY: Glad I asked a question about 5 that. 6 SHERIFF HIERHOLZER: No. That's the title 7 of the criminal offense, is the way it's done. 8 JUDGE KELLY: Good. Good work. Appreciate 9 it. 10 SHERIFF HIERHOLZER: They did a real good 11 job. 12 JUDGE KELLY: Okay. We will take a brief 13 break and go into executive session. 14 (Executive Session.) 15 JUDGE KELLY: Okay, Commissioners' Court is 16 back in session. We have no action, right? 17 COMMISSIONER LETZ: No action. 18 JUDGE KELLY: Okay, then we'll be adjourned. 19 * * * * * * 20 21 22 23 24 25 STATE OF TEXAS * 77 1 COUNTY OF KERR * 2 I, DEBRA ELLEN GIFFORD, Certified Shorthand 3 Reporter in and for the State of Texas, and Official 4 Reporter in and for Kerr County, do hereby certify that 5 the above and foregoing pages contain and comprise a 6 true and correct transcription of the proceedings had in 7 the above-entitled Commissioners' Court. 8 Dated this the 6th day of July, A.D. 2019. 9 10 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 11 No. 953 Expiration Date 04/31/2020 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25