1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Tuesday, November 12, 2019 6 10:00 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 *** Visitor's Input. 5 4 *** Commissioner's Comments. 11 5 1.1 Consider, discuss and take appropriate 14 action on request to use courthouse 6 grounds for the Annual Menorah Lighting on December 20, 2019 to celebrate Hanukah. 7 1.2 Consider, discuss and take appropriate 16 8 action to receive a monetary donation from Kerrville South CAG for Road & Bridge 9 purchase of dynamic sign for the County. 10 1.3 Consider, discuss and take appropriate 19 action on request to participate in the 11 "Believe" campaign in support of Tivy High School student Zachary Reyna. 12 1.4 Consider, discuss and take appropriate 22 13 action to approve the SAVNS Maintenance Grant contract, and have Judge sign same. 14 1.5 Consider, discuss and take appropriate 24 15 action to approve the revised FY 2019-2020 Airport Budget. 16 1.6 Consider, discuss and take appropriate 25 17 action to award contract for roof repairs, shingle replacements, for the "Brown Hangar" 18 at the Kerrville-Kerr County Airport. 19 1.7 Consider, discuss and take appropriate 27 action on the request from Hill Country 20 Archaeological Association, a 501(c)3 organization, to receive a reduced rate 21 for the use of the Union Church Building. Reduced rate is 50% of rental fee per 22 Court Order #33741. 23 1.8 Consider, discuss and take appropriate 29 action to approve the $25.00 donation from 24 a citizen for the Sheriff's Equipment Fund. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 29 action to ratify and confirm renewal 4 of the Texas Association of Counties (TAC) County Choice Silver Retiree 5 Medical/Prescription Supplemental for Plan Year 2020. 6 1.10 Consider, discuss and take appropriate 30 7 action to approve contracts with K'Star, Dietert Center, CASA, Kerr Economic 8 Development Corporation, San Antonio Food Bank, and Families & Literacy, 9 and allow County Judge to sign same. 10 1.11 Consider, discuss and take appropriate 31 action on the implementation of the 11 Burn Ban. 12 1.12 Consider, discuss and take appropriate 32 action regarding Commissioners Court 13 Rules on Procedure, Conduct and Decorum, and to rescind Court Orders 25722 and 14 25797 as appropriate. 15 1.13 Consider, discuss and take appropriate 46 action to approve the Certificate of 16 Construction Completion for the 2015 CD (Colonia Development) Colonia Grant 7217045 17 for first time sewer connections in Westwood and Center Point. 18 1.14 Consider, discuss and take appropriate 48 19 action to approve the Contract Amendment 1 for the 2017 CEDAP (Colonia Economically 20 Distressed Area Program) Grant 7217045 for a 12-month extension (from 12-31-19 to 21 12-31-20). 22 1.15 Consider, discuss and take appropriate 50 action for the Court to approve a final 23 plat for Stargaze Estates. 24 1.16 Consider, discuss and take appropriate 52 action to go out for annual bids for road 25 base, cold mix, aggregate, emulsion oil, and corrugated metal pipe. 4 1 I-N-D-E-X 2 NO. PAGE 3 2.1 Pay Bills. 54 4 2.5 Accept Monthly Reports. 56 5 2.6 Court Orders. 57 6 3.3 Status reports from Liaison Commissioners. 58 7 *** Adjournment. 61 8 *** Reporter's Certificate. 62 9 * * * * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 JUDGE KELLY: It is Monday morning -- 2 Tuesday morning, November the 12th, 2019, and it is 3 actually 10:20 in the morning and Kerr County 4 Commissioners' Court is now in session. And I believe 5 Commissioner Harris is going to lead us in the pledge 6 and the prayer. If you would please stand. 7 (Prayer and Pledge of Allegiance.) 8 JUDGE KELLY: Please be seated. First item 9 of business, please turn off your cell phones. Don't 10 want anything going off in the courtroom, which I have 11 yet to enforce. But the rule is that if a cell phone 12 goes off the Sheriff takes it up and you can get it get 13 after the meeting. So that's just a reminder. Silence 14 is fine, but just no noise. 15 Next thing on the agenda is visitor's input. 16 If you look at the agenda there, any citizen wishing to 17 speak on items not listed on the regular agenda, please 18 fill out the form for consideration at this time. I've 19 already got two of citizens wishing to speak on items 20 listed on the regular agenda. Please fill out the 21 request form for consideration during discussion of that 22 specific item. And what we mean by that, if you want to 23 talk to us about something that's not on the agenda, 24 this is your opportunity to do it. If you want to talk 25 to us about something that is on the agenda, we ask that 6 1 you wait until that agenda item is called. And our 2 custom has been to impose a three-minute time limitation 3 on that, so if anybody would like to speak, please come 4 forward. We'll need your name and address so we can 5 determine the precinct, and you're welcome to address 6 the Court. Any takers? 7 MR. SANDY: I already have. 8 JUDGE KELLY: I have these. I know one of 9 them is going to be on item 1.12, I saw that. That's 10 the same item you want to speak on, and we can wait 'til 11 112, or you can speak before then. 12 MR. SANDY: No. I want to -- 13 JUDGE KELLY: Okay. Now's the time. Please 14 give us your name and address. 15 MR. SANDY: My name is Jim Sandy. My 16 address is 3940 Oak Park Drive in Kerrville. And I'm 17 speaking about Court transparency. The County meeting 18 that was held on October 15 included an agenda item, 19 which in my opinion lacked transparency. That agenda 20 item was 1.24 consider, discuss and take appropriate 21 action regarding the Animal Services Department. It's 22 indicated that an Executive Session was required, and 23 that agenda item was authored -- coauthored by Judge 24 Kelly and Reagan Givens. The stated topic of the agenda 25 item was the Animal Services Department. This is a 7 1 rather broad topic. 2 In the following, I'll argue that this 3 agenda item failed to properly inform the public of what 4 the Court intended to discuss. Specifically, I will 5 argue that the Court intended to discuss the hours of 6 operation, and the volunteer policy of the shelter. And 7 therefore the agenda item could have and should have 8 stated those two topics. Those two topics are of keen 9 interest to some members of the public. 10 Because the agenda item text did not mention 11 those two topics, the agenda item lacked transparency. 12 In my opinion, this lack of transparency has resulted in 13 a loss of public trust regarding the action of this 14 Court, and that's why I feel it's important for me to 15 speak today on this subject. 16 So the main thing that I want to argue is 17 that the Court intended specifically to specifically 18 discuss the hours of operation and volunteer policy of 19 the shelter. It was not, for example, that the Court 20 simply intended to discuss a personnel issue, and as a 21 result ended up discussing the hours and the volunteer 22 policy. 23 You might wonder how I know what the Court 24 intended to discuss. I know this based on the Court's 25 press release that was issued the day after the meeting. 8 1 According to the press release, the Court had directed 2 Givens to address the Commissioners concern regarding 3 hours of operation, and the volunteer policy. And 4 Givens, a coauthor of the agenda item came to the 5 meeting with a prepared presentation that gave a 6 comprehensive report and resolution on those two topics. 7 Thus the Court had directed Givens to address those two 8 topics, and Givens came to the Court prepared to speak 9 on those two topics, or discuss those two topics. 10 Therefore, I conclude that the Court 11 intended to discuss those two topics from the get-go. 12 According to County Attorney Heather Stebbins, those two 13 topics were in fact discussed in Executive Session which 14 is closed to the public. According to the minutes for 15 that meeting, the open portion of the meeting on that 16 day, those two topics were not discussed in open court. 17 The related resolutions were simply stated and voted on 18 with no discussion. 19 Because the agenda item lacked adequate 20 detail, many members of the public who are interested in 21 those topics did not know that they would be discussed 22 by the Court during that meeting. Many people were 23 subsequently shocked and angered to hear that the Court 24 had acted on those two topics without public discussion 25 or input. 9 1 As a result this lack -- the lack of 2 transparency in an agenda item has contributed to a lack 3 of public trust regarding the actions of the Court. 4 Thank you. 5 JUDGE KELLY: Thank you. Just so that 6 everybody can measure the timing on that, that was a 7 little over four minutes. But I indulged you because I 8 wanted to hear what you had to say. 9 Would anybody else like to address the 10 Court? 11 MR. KING: Yes, Judge. 12 JUDGE KELLY: Okay then, we'll move on to 13 the next -- I'm sorry. How you doing, Steve? 14 MR. KING: Just a quick thing. Stephen 15 King, 242 Creekwood. I'd like to address the Court on 16 the same subject of that meeting. But I -- I'm not -- 17 I don't know what went on in the Executive Session. But 18 as most of you know, I ran the Airport Board for -- I 19 was on the Airport Board for 12 years. Followed the 20 same rules as the Court does as far as executive session 21 Open Meetings Act. 22 I would hope that the Court would review the 23 Open Meetings Act and the Executive Session. And 24 understand -- I'm not saying you do not understand it, 25 but prior to going into executive session on any item 10 1 the Judge should call under what -- under 5551(sic), 2 074, 073, whatever it is, it should be called prior to 3 the meeting -- prior to going into Executive Session. 4 I'm not sure if that was done because I haven't seen the 5 minutes of the meeting. But personnel on 74 -- 074 is 6 probably needs an attorney is probably the easiest -- 7 the two that are most addressed in open session -- I 8 mean in Executive Session. And personnel is a very 9 specific -- it's a very specific item as is detailed in 10 the law. And it -- it usually -- you'll say you have a 11 manager, or Rusty. You want to talk about Rusty in open 12 session -- Executive Session. You talk about Rusty and 13 specific to salary or whatever it is. 14 But being a broad -- painting with a broad 15 brush is not allowed, and I'm a little bit dismayed that 16 the County Attorney was in the meeting. And in our 17 executive session at the Airport Board, we usually had 18 to have our attorney there. And Mr. Moser -- 19 Commissioner Moser's been in a million of our executive 20 sessions. I've probably be in 75 executive sessions in 21 the Airport Board. And I would hope in the future that 22 the County Attorney would call out any discussion that's 23 being made that is not in line with what the meeting was 24 brought into. I think that's her duty as your attorney, 25 and I hope that that will happen in the future. And in 11 1 reading of what her comments were, I feel that that is 2 her job to do that, and to hold you guys to an account 3 on the Open Meetings Act. Thank you. 4 COMMISSIONER MOSER: Thank you, Steve. 5 JUDGE KELLY: Anyone else who would like to 6 address the Court? 7 Before we move on to the next topic, I need 8 to advise everyone that the Court cannot respond to your 9 input at this point, that's not on the agenda. So we 10 listened. We thank you for coming down and sharing that 11 with us. 12 But now we move on to the next item on the 13 agenda, which is the Commissioner's comments. And we 14 start with Precinct 1. 15 COMMISSIONER BELEW: Well, big weekend. 16 Went to the Bandera Veterans Parade and VA Car Show. 17 Ended up at the Apostolic Church bake sale, and did it 18 all. And then yesterday went and saw the Governor at 19 the Museum of Pacific War. I just want to remind 20 everybody that pretty much around here everyday is 21 Veterans Day because we have so many veterans, and 22 they're this important, and we don't just take one day 23 out of the year and celebrate our veterans. But it was 24 a big weekend. 25 I was a little disappointed we didn't have 12 1 our parade. It had built up a little bit for Kerr 2 County. And talked to Gary Noller about it, and he was 3 right, there were a lot of other things going on. It 4 spreads us all too thin. So we didn't have ours. We 5 always have a really good Memorial Day Celebration Day 6 at the courthouse. But I just want to remind y'all to 7 appreciate and love on our veterans all year long. 8 That's all. And I nearly fell off my back deck today. 9 (Laughter.) 10 COMMISSIONER BELEW: It had about an inch of 11 ice on it. 12 COMMISSIONER MOSER: I want to mention, or 13 remind everybody, about the open house Town Hall Meeting 14 at Martin Marietta out on -- this coming Saturday at ten 15 o'clock for those interested in the permit extension 16 amendment that Martin Marietta filed for their rock 17 crushing and air quality thing. So I think there will 18 also be a public hearing by TCEQ on that subject at some 19 date to be determined. So if anybody's interested in 20 seeing the operation out there and discussing what the 21 amended permit request is, I encourage you to be there. 22 That's it. 23 COMMISSIONER LETZ: Just a lot of veterans 24 celebrations. All good. And I'm kind of like 25 Commissioner, I wish we would have one at the courthouse 13 1 but I understand it takes a lot to put those together, 2 and maybe next we're year we can get that going. 3 And the other thing is, didn't know we were 4 going to have an ice storm so I have a meeting scheduled 5 in San Antonio, or an appointment in San Antonio at one 6 o'clock so I'll probably be leaving about 11:15. 7 COMMISSIONER HARRIS: Very good. Well, I 8 just wanted to let everybody know that this Saturday, 9 same time as your deal you mentioned at Martin Marietta, 10 there's going to be a Hunt Volunteer Fire Department 11 Substation on South Fork opening at 10 a.m., their grand 12 opening. So I'll be split. I'll probably be attending 13 that. Yeah, I don't know when the deadline is when it 14 closes. 15 JUDGE KELLY: Four. 16 COMMISSIONER HARRIS: All day, ten to four. 17 COMMISSIONER MOSER: Got time to go to both 18 of them. 19 COMMISSIONER HARRIS: Good. That's all. 20 JUDGE KELLY: What I would report first of 21 all is I went to the Veterans Gala that they had 22 Saturday night, which was very well attended. And I 23 haven't heard the final count, but man they raised a lot 24 of money. And it was really nice to see all the 25 Greystone kids from Schreiner, and the veterans there. 14 1 So it was really a very -- very well attended veteran 2 celebration. 3 And other than that, I would remind everyone 4 that we do have an meeting on Monday, next Monday, the 5 18th at at six o'clock at the Hill Country Youth Event 6 Center to discuss publicly the issues with regard to the 7 operating hours at the Animal Control Facility as well 8 as the volunteer policy, and also the possibility of 9 seeing if we could get a 501(c)3. Possibly the City to 10 help us with some of these animal issues. So it's going 11 to be about a two-hour meeting, and invite everyone to 12 come, and we'll try to run it so you can come to the 13 podium like we did today and make your presentation. 14 And I understand that Aaron Yates, Kerrville 15 United, has volunteered to video tape that, which we 16 welcome. And ask them to coordinate with our IT 17 Director, Bruce Motheral in the corner. Y'all know 18 Bruce. Who will then report to our boss, Jody Grinstead 19 who is the Court Coordinator. She tells all of us what 20 to do. But it will be very well supervised, I can 21 assure you. So I think that's all I have to report. 22 So with that, I will go on to the agenda 23 item 1.1 consider, discuss and take appropriate action 24 on the request to use courthouse grounds for the Annual 25 Menorah Lighting on December 20th to celebrate Hanukah. 15 1 Greg Bitkower. 2 MR. BITKOWER: Good morning. 3 JUDGE KELLY: Welcome. 4 MR. BITKOWER: The Jewish Community is 5 requesting to do our third Annual Menorah Lighting and 6 celebration on the courthouse, which always well 7 attended by the community, and it's just a nice addition 8 to the whole holiday season, and it's just all very nice 9 and positive. 10 So I might note that the giant menorah that 11 we've made is actually run by solar, so we don't have to 12 have an ongoing electricity at least up to this date. 13 And usually lasts 30 to 60 minutes. And again, it's 14 well attended so we certainly appreciate getting your 15 approval. 16 COMMISSIONER BELEW: I move for approval. 17 COMMISSIONER HARRIS: Second. 18 JUDGE KELLY: Okay. Motion been made by 19 Commissioner Belew, seconded by Commissioner Harris to 20 approve using courthouse grounds for the Annual Menorah 21 Lighting, the third Annual Menorah Lighting here at Kerr 22 County on December the 20th. Is this there any further 23 discussion? Those in favor raise your hand. Unanimous, 24 five zero. 25 MR. BITKOWER: Thank you very much. 16 1 COMMISSIONER HARRIS: We look forward to it. 2 JUDGE KELLY: Item 1.2 consider, discuss and 3 take appropriate action to receive a monetary donation 4 from Kerrville South CAG for Road & Bridge purchase of 5 dynamic sign for the County. Commissioner Belew. 6 COMMISSIONER BELEW: We had a long 7 discussion about this in meetings and so on, and how to 8 do it and what to do, and what kind of a sign to get, 9 and meeting with Kelly and Charlie, and Jim Arket with 10 the Kerrville South CAG, their group said that they 11 wanted to pay for part of it. And so we just want to 12 accept it. 13 Jim, you want to add anything to it? How it 14 got started was over on Rim Rock, they had a lot of 15 traffic and they want to slow people down. 16 MR. ARKET: Thank you. I'm Jim Arket, 17 current President of CAG. We're Community Action Group. 18 And those of you who are not familiar with us, we're an 19 organization established here in the 1980's, and the 20 purpose was to approve the quality of life and safety of 21 residents of Kerrville South. 22 And first of all, I want to thank 23 Commissioner Belew, and Charlie Hastings, and Kelly 24 Hoffer who have been working with us for well, three 25 years or whatever, in the process of just helping us 17 1 decide what is in the highest best uses for any funds 2 that we could donate to the County. 3 So I'm very pleased today to present a check 4 to the Court in the amount of $8,000.00 to be applied 5 toward a mobile dynamic safety sign to the County. And 6 we hope that this will accomplish our goals and safety 7 and security of the County, and maybe a day like today 8 is very appropriate. And so we are ready, willing to do 9 that, and I have that check with me so when it's 10 appropriate, I'd like to present it. 11 COMMISSIONER MOSER: Question, just for 12 clarification, if I may. It says that dynamic sign. A 13 Dynamic sign of what? 14 COMMISSIONER BELEW: It's a flashing sign 15 that you can change the message on, that's what the 16 dynamic -- 17 COMMISSIONER MOSER: So it's a messaging 18 sign. 19 COMMISSIONER BELEW: A messaging sign. 20 COMMISSIONER MOSER: It's not "this is your 21 speed"? 22 MR. ARKET: Yes, it is. 23 COMMISSIONER BELEW: It could be anything, 24 Yeah. It could say ice ahead, this is your speed, vote 25 for Moser, whatever you want it to say. 18 1 (Laughter.) 2 COMMISSIONER MOSER: Okay. Very good. 3 Thank you. 4 COMMISSIONER BELEW: He likes it now. 5 COMMISSIONER MOSER: I appreciate it. Won't 6 have to pay for what's on the sign. 7 COMMISSIONER BELEW: You gotta get one in 8 Precinct 2. 9 And I didn't know what to tell Jim about who 10 to make the check out to, if it's just Kerr County or 11 what. But Tanya can tell you that. 12 MS. SHELTON: Kerr County's fine. 13 MR. ARKET: Kerr County. 14 JUDGE KELLY: Okay. Is there a motion? 15 COMMISSIONER BELEW: I make the motion that 16 we accept the donation. 17 COMMISSIONER MOSER: I'll second with the 18 usage thereof. 19 JUDGE KELLY: That's not a conflict of 20 interest? 21 COMMISSIONER MOSER: No, no, no, no. 22 Promise you. It's quid pro quo either. 23 JUDGE KELLY: Give us just a second to take 24 a vote here, Jim. 25 MS. SHELTON: Well, Tracy's not here, I 19 1 don't think, so I'll make sure she gets it. 2 JUDGE KELLY: There's been a motion made by 3 Commissioner Belew and seconded by Commissioner Moser to 4 approve the acceptance of the donation for the purchase 5 of a dynamic sign for the County. Any further 6 discussion? 7 COMMISSIONER LETZ: Question. And the 8 remainder is in this year's budget? 9 COMMISSIONER BELEW: Yes. 10 JUDGE KELLY: Okay. Then those in favor 11 raise your hand. Unanimous, five zero. 12 COMMISSIONER BELEW: Do we need to take a 13 picture? 14 JUDGE KELLY: Yes. 15 (Photo op.) 16 JUDGE KELLY: Next item is 1.3 consider, 17 discuss and take appropriate action on request to 18 participate in the "Believe" campaign in support of Tivy 19 High School student Zachary Reyna. Miss Peter. 20 MRS. PETER: Good morning, gentlemen. 21 JUDGE KELLY: For those who have you who 22 don't know who Miss Peter is, she is our Crime Victims 23 Coordinator here at the as courthouse. 24 Thank you. Zach Reyna was a student of mine 25 in -- well, a little while ago. We'll just leave it at 20 1 that, when he was four. And shortly thereafter he 2 developed an inoperable brain aneurism. He's quite a 3 walking miracle, and a very pro active community driven 4 student. 5 So what I'm asking of the Court -- you have 6 this in your packet. But Zach every year does the 7 Make-A-Wish Campaign in cooperation with Macy's. He was 8 given a wish. He wanted to ride a roller coaster, and 9 he got to do that because the thought was he was going 10 to die, but it didn't happen that way, and he's still 11 alive. He's very much alive in fact, and he is quite a 12 kiddo. 13 And so his mother sent me the information 14 this year, and every place that I've ever worked, KISD, 15 Ingram, I've taken this campaign with me. So I come to 16 the Court today asking if we simply can put a mailbox -- 17 and they bring us a little -- it's just a sign as big as 18 this podium, it's tiny, and it's a mailbox made out of 19 cardboard that kids can put letters in. 20 I would also like to encourage employees. 21 You don't have to write anything big, as long as they 22 get one of the letters that looks like this that's in 23 there. Victim Services will make sure that there are 24 some out there. I'll make sure department heads have 25 that. And you write one letter and Macy's donates a 21 1 dollar. Some years they've done where they do two by 2 matching, but this year they're promising a dollar. And 3 he has raised quite a bit of money. And so I just 4 wanted to ask the Court if we can do that here and have 5 a mailbox, and encourage -- you know, kids can do it, 6 adults can do it. 7 JUDGE KELLY: But the mailbox would be here 8 at the courthouse? 9 MRS. PETER: It would be at the courthouse. 10 COMMISSIONER LETZ: In the lobby outside? 11 MRS. PETER: That's kind of what I was 12 hoping. 13 JUDGE KELLY: Kind of where the kiosk is, 14 somewhere in an area? 15 MRS. PETER: Somewhere in that area. And 16 it's only going to be there until probably the second or 17 third of December, because that's their cutoff, so we're 18 a little late to the game but it still -- every little 19 bit helps. 20 COMMISSIONER LETZ: I'll make a motion that 21 we authorize placing a mailbox for the "Believe" 22 Campaign, and put it in the courthouse, and let you 23 decide where to put it in the courthouse lobby. 24 MRS. PETER: Okay. 25 COMMISSIONER BELEW: I second it. 22 1 JUDGE KELLY: Motion been made by 2 Commissioner Letz, seconded by Commissioner Harris for 3 the Court to approve the participation in the "Believe" 4 Campaign in support of Tivy High School student Zachary 5 Reyna, and put the mailbox here on the first floor of 6 the courthouse. Any further discussion? Those in favor 7 raise your hand. Five zero, unanimous. 8 MRS. PETER: Thank you. 9 COMMISSIONER HARRIS: Pam, where else are 10 you all getting these out to? 11 MRS. PETER: I believe every school in KISD, 12 Ingram, Center Point. I mean there's lots everywhere. 13 Thank you. 14 COMMISSIONER HARRIS: Good program. 15 JUDGE KELLY: Okay. Next item on the agenda 16 is 1.4 consider, discuss and -- 17 COMMISSIONER BELEW: Is this a timed item, 18 this 9:30. 19 COMMISSIONER LETZ: Well, we're all late. 20 COMMISSIONER BELEW: Oh, yeah. That would 21 be 10:30. 22 JUDGE KELLY: This is going to go pretty 23 quickly. 24 Let me read item 1.4. Consider, discuss and 25 take appropriate action to approve the SAVNS Maintenance 23 1 Grant contract. 2 MS. SHELTON: From the office of the 3 Attorney General -- 4 JUDGE KELLY: And you are Tanya Shelton -- 5 MS. SHELTON: I am Tanya Shelton -- 6 JUDGE KELLY: -- County Auditor. 7 MS. SHELTON: -- county Auditor. We've 8 received the grant from the office of the Attorney 9 General for the Statewide Automatic Victim Notification 10 Service. It's a grant. And this year's amount is 11 $18,618.87, and we just need y'all to approve it. 12 COMMISSIONER BELEW: I move for approval. 13 (Commissioner Moser not present.) 14 COMMISSIONER LETZ: Second. 15 JUDGE KELLY: Motion been made by 16 Commissioner Belew, and seconded by Commissioner Letz to 17 approve accepting the grant from the Attorney 18 General for the -- tell us again, SAVNS is -- 19 MS. SHELTON: Statewide Automated Victim 20 Notification Service. 21 MRS. PETER: SAVNS. 22 JUDGE KELLY: Anyway, that maintenance 23 grant. Any other discussion about that? Those in favor 24 raise your hand. Unanimous, four zero. 25 (Commissioner Moser present.) 24 1 JUDGE KELLY: Did you want to wait and vote 2 for in favor -- Commissioner Moser. 3 COMMISSIONER MOSER: I'm in favor of it. 4 Next item is 1.5 consider, discuss and take 5 appropriate action to approve the revised FY 2019-2020 6 Airport Budget. Miss Shelton. 7 MS. SHELTON: Yes. This is -- y'all may 8 recall, the Airport due to the Interlocal Agreement that 9 they have with the City and County, they have to present 10 their budget to y'all before June first, so in this last 11 year that budget was approved in May on the 28th. And 12 so between that time and now it went through the regular 13 budget process of both the County and the City, and 14 y'all agreed to give them more money. 15 So these -- this adjustment that we're 16 looking at today encompasses all of the changes that 17 were made during that time for the project of that. The 18 one of them is the funding for the T-Hangar project, 19 which I believe that was the last Commissioners' Court 20 where we accepted the TxDOT Grant of 600,000. And then 21 the County and the City both are going to end up giving 22 525,000 to support their project. 23 Again, they're not asking for any other 24 funds. The budget sits in front of you just puts that 25 amount in there. In addition to that, there's another 25 1 $40,000.00 that's in the capital budget, and that is 2 going to be for renovating the maintenance building, I 3 believe, that's out there, and also it'll be additions 4 to the parking lot. This is a new vendor that they've 5 got that's wanting to rent out there, and so they're 6 going to need about $40,000.00 in order to make the 7 renovations to make it -- make it the place that the 8 vendor wants it to be. So that's included also. That 9 40 thousand is coming from their fund balance, which the 10 cash and the fund balance is there to support it. So 11 that's all part of fund 48. 12 And fund 47, which is their operating 13 budget, last year I believe there was a hail storm and 14 they received insurance proceeds of about 160 to 15 $170,000.00. By the end of last year they had spent all 16 but about 150,000 of that, so this is going back and 17 putting that 150,000 in the expense line so that they 18 can start spending some of those proceeds that they 19 received from the insurance. 20 COMMISSIONER MOSER: Move for approval for 21 the revised airport budget. 22 COMMISSIONER BELEW: Second. 23 JUDGE KELLY: Okay. Motion's been made by 24 Commissioner Moser, seconded by Commissioner Belew to 25 approve the revised budget, 19-20 budget for the Airport 26 1 Board. Any further discussion? Those in favor raise 2 your hand. Unanimous, five zero. 3 Item 1.6 consider, discuss and take 4 appropriate action to award a contract for roof repairs, 5 shingle replacement, for the Brown Hangar at the 6 airport. 7 MR. EVANS: Good morning, gentlemen. 8 JUDGE KELLY: And please identify yourself. 9 MR. EVANS: Shane Evans, the Kerr County 10 Maintenance Director. After speaking with our Kerr 11 County Engineer, we have decided to go with Cypress 12 Roofing, they had the better bid. So it was a bid of 13 $15,000 even. 14 COMMISSIONER BELEW: Move for approval. 15 COMMISSIONER LETZ: Second. 16 JUDGE KELLY: Motion been made by 17 Commissioner Belew, seconded by Commissioner Letz to 18 approve the roof repairs through Cypress Roofing. Any 19 further discussion? Those in favor raise your hand. 20 Unanimous, five zero. 21 JUDGE KELLY: Okay. The 9:30 item 1.7 -- 22 I'm sorry, been one of those days. Consider, discuss 23 and take appropriate action on the request from Hill 24 Country Archaeological Association, a 501(c)3 25 organization, to receive a reduced rate for the use of 27 1 the Union Church Building. Reduced rate is 50% of 2 rental fee per Court Order 33741. Miss Farley. 3 MS. FARLEY: (Soft spoken voice.) 4 THE REPORTER: Excuse me, could you please 5 speak up? 6 MS. FARLEY: Yes. Terry Farley, 127 Heather 7 Court, Kerrville. 8 JUDGE KELLY: You can pull that microphone 9 closer. It's not going to bite. 10 MS. FARLEY: I'm Vice President for the Hill 11 Country Archeological Association, and I'm also a member 12 of the Kerr County Historical Commission and their 13 Archaeology Committee Chair. 14 Our venue we have outgrown, we have 114 15 members now, and so we're requesting that we be allowed 16 to rent the Union Church six times during the next 17 annual year, and hopefully thereafter at reduced rate. 18 We are an 501(c)3, and that document has been submitted 19 to Jody. 20 COMMISSIONER LETZ: So we're just basically 21 adding you to our reduced rate list, correct? 22 MRS. FARLEY: Yes. 23 COMMISSIONER LETZ: I move for approval. 24 COMMISSIONER MOSER: Second. 25 JUDGE KELLY: Been moved by Commissioner 28 1 Letz, seconded by Commissioner Moser to approve the 2 reduced rate for the Hill Country Archaeological 3 Association, a 501(c)3. 4 COMMISSIONER LETZ: I see a perplexed look 5 on Commissioner Belew's face. 6 COMMISSIONER BELEW: Well, I was trying to 7 remember when the lady came in to tell us about the dig 8 that's coming up and why people are coming in, and what 9 all she had said, so if you would explain that to the 10 Court. 11 MS. FARLEY: The Texas Archeological Society 12 has an annual field school in various places in Texas, 13 and we are very honored that here in Kerrville, this 14 will occur in summer 2020 in June. And our 15 Archaeological Association locally is hosting that, in 16 coordination with TAS. 17 COMMISSIONER MOSER: And they anticipate six 18 hundred people, something in that -- 19 MS. FARLEY: Yes. This is a very rich 20 archaeological region, and so we expect a very good 21 turnout. And I think it will benefit the City and the 22 County just having that many people visit. 23 COMMISSIONER MOSER: Thanks, Terry. 24 MS. FARLEY: Thank you. 25 JUDGE KELLY: We haven't taken a vote yet. 29 1 So all those in favor raise your hand. Unanimous, five 2 zero. Thank you, Terry. 3 COMMISSIONER MOSER: Now thanks. 4 JUDGE KELLY: Item 1.8 consider, discuss and 5 take appropriate action to approve the $25.00 donation 6 from a citizen for the Sheriff's Equipment Fund. 7 Sheriff. 8 SHERIFF HIERHOLZER: This is just one of 9 those that we receive about this time of year because 10 the Sheriff's Association sends out a letter asking for 11 membership drive, and some people would just rather that 12 go to your local department, so I'm just asking that you 13 accept it for our Equipment Fund. 14 COMMISSIONER LETZ: I move for approval. 15 COMMISSIONER HARRIS: Second. 16 JUDGE KELLY: Motion been made by 17 Commissioner Letz, seconded by Commissioner Harris to 18 approve accepting the $25.00 donation to the Sheriff's 19 Equipment Fund. Any further discussion? Those in favor 20 raise your hand. Unanimous, five zero. 21 Item 1.9 consider, discuss and take 22 appropriate action to ratify and confirm the renewal of 23 the Texas Association of Counties, TAC, as we call it, 24 County Choice Silver Retiree Medical/Prescription 25 Supplemental for Plan Year 2020. Miss Doss. 30 1 MRS. DOSS: Good morning. And you said it 2 perfectly, this is a mere formality. We renew it every 3 year, and we're just asking that you will renew it for 4 the 2020 annual. 5 COMMISSIONER HARRIS: And this covers who or 6 what? 7 MRS. DOSS: The retirees, their supplemental 8 for medical and prescription. 9 COMMISSIONER LETZ: And it's in the budget? 10 MRS. DOSS: Yes. 11 COMMISSIONER LETZ: Move for approval. 12 COMMISSIONER HARRIS: Second. 13 JUDGE KELLY: Been moved by Commissioner 14 Letz, seconded by Commissioner Harris to approve the 15 renewal of the TAC County Choice Silver Retiree 16 Medical/Prescription Supplemental Plan for the year 17 2020. Any further discussion? Those in favor raise 18 your hand. Unanimous, five zero. 19 MRS. DOSS: Thank you. 20 JUDGE KELLY: Thank you. 21 Item 1.10 consider, discuss and take 22 appropriate action to approve contract with K'Star, 23 Dietert Center, CASA, Kerr Economic Development 24 Corporation, San Antonio Food Bank, and Families & 25 Literacy, and allow me to sign the same. 31 1 These are the routine contracts that we 2 enter into every year, but it's time to renew. 3 COMMISSIONER LETZ: And they're all 4 budgeted. 5 COMMISSIONER BELEW: They're all budgeted 6 already. 7 COMMISSIONER MOSER: Move for approval. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: Motion's been made by 10 Commissioner Moser, seconded by Commissioner Belew to 11 approve renewing the contract with K'Star, Dietert 12 Center, CASA, Kerr Economic Development Corporation, San 13 Antonio Food Bank, and Families & Literacy. Any further 14 discussion. Those in favor raise your hand. Unanimous, 15 five zero. 16 Item 1.11 consider, discuss and take 17 appropriate action on the implementation of the Burn 18 Ban. 19 What this is, is what, every 90 days? 20 COMMISSIONER LETZ: Every 90 days. 21 JUDGE KELLY: We renew the authority for 22 each Commissioner to establish to put the Burn Ban on 23 and take the Burn Ban off. So we just come back and do 24 this quarterly, and this is our turn to do it again. 25 COMMISSIONER LETZ: Move for approval. 32 1 COMMISSIONER BELEW: Second. 2 JUDGE KELLY: Motion's been made by 3 Commissioner Letz, seconded by Commissioner Belew to 4 approve the implementation of the Burn Ban. Those in 5 favor raise your hand. Unanimous, five zero. 6 Item 1.12 consider, discuss and take 7 appropriate action regarding Commissioners Court Rules 8 on Procedure, Conduct and Decorum, and to rescind Court 9 Orders 25722 and 25797 as appropriate. 10 You can fill out your form and give it to 11 me. 12 MRS. SANDY: Okay. I didn't know I needed 13 to fill out a form that was scheduled. 14 COMMISSIONER LETZ: Why don't we deal 15 with -- why don't you explain why we're doing this, 16 Judge, and then we can get public comment on this one, 17 because we're not changing much. Anything. 18 JUDGE KELLY: Go ahead Miss Sandy. 19 MRS. SANDY: Okay. I just wanted to say 20 that although the proposed order does not specifically 21 reference workshop. It is the Court's intent that it 22 will be followed to be November 18th workshop. While it 23 may be appropriate for the -- for public feedback for 24 the November 18th Animal Services topic, I hope it does 25 not set a precedent for future workshops. Specifically, 33 1 the format may not be appropriate for the yet to be 2 scheduled community and feral cat workshop, as it is my 3 understanding that experts on the topic will be invited 4 to discuss solutions or give presentations that may not 5 be easily simplified into a three-minute statement. 6 THE REPORTER: Excuse me, what is your name? 7 MRS. SANDY: Shelly Sandy, 3940 Oak Park 8 Drive. 9 JUDGE KELLY: Okay. 10 COMMISSIONER LETZ: I can answer that real 11 quick. Anyone making a presentation would not be 12 limited to that time. 13 MRS. SANDY: Okay. I just wanted to make 14 sure. 15 JUDGE KELLY: So the public understands, 16 again in the interest of complete transparency, these 17 were the rules when I sat in the blue seats for two 18 years, and these are the rules that we discussed in open 19 Court here on at least two if not three occasions 20 earlier this year. Although we passed or did not -- I 21 say we passed the topic, we did not take any action. 22 And in working with Mr. Sandy trying to find 23 out the format that we were going to use for this 24 workshop, I referred him to this and used the three 25 minute limitation for speaking which we use in our 34 1 Visitor's Input in our agenda. But we went back and 2 checked, we didn't adopt that order. The order that's 3 still in effect goes back to 1999, and it allows for 4 five minutes. And what the purpose was to try to give 5 more people an opportunity to offer input to the Court. 6 The other change that we've made from the 7 1999 order is that the deadline for turning in agenda 8 items. And I think the Court should be very much aware 9 that we moved it from Tuesday at five to Wednesday at 10 noon in order accommodate everybody's busy schedule. 11 And those two things are what we're trying to codify in 12 adopting the order that's been proposed by the County 13 Attorney. Any discussion? 14 COMMISSIONER MOSER: So just to clarify, the 15 workshop will not be a restriction of three minutes or 16 five minutes on presentation. 17 JUDGE KELLY: Yes. There will be. 18 COMMISSIONER MOSER: There will be. 19 JUDGE KELLY: It'll be run just like a 20 Commissioners' Court meeting. 21 MRS. SANDY: But that's not what 22 Commissioner Letz said. 23 COMMISSIONER LETZ: No, I said the feral cat 24 workshop, if someone's making a presentation. 25 COMMISSIONER MOSER: That's what I just 35 1 said. So say it again. 2 COMMISSIONER LETZ: I just said -- 3 JUDGE KELLY: Well, let me interrupt. I'm 4 sorry. 5 COMMISSIONER BELEW: Distinguish the two. 6 JUDGE KELLY: The rules provide for the 7 presentation, people that have requested to make 8 presentation, experts and consulting people. That's in 9 the rules, consulting experts. And so when they're 10 invited to make a presentation, the rules don't apply to 11 them, but it applies to the public. Not to the experts 12 that have been invited to present to us. Because we 13 have people all the time take more than three minutes to 14 do that. 15 MR. SANDY: Who can invite -- 16 JUDGE KELLY: Go to the podium, please. 17 MR. SANDY: Jim Sandy. I have a question. 18 Who can invite an expert to speak? 19 JUDGE KELLY: The Court. 20 MR. SANDY: And only the Court? 21 JUDGE KELLY: Well, other people can make 22 requests just like anything else. 23 MR. SANDY: But does it have to get approved 24 by the Court? 25 JUDGE KELLY: All agendas that get posted 36 1 get approved by the Court. 2 MR. SANDY: So the agenda item would get 3 approved by the Court, but the invitation of the expert 4 does not have to get approved by the Court? 5 JUDGE KELLY: Everything that is on that 6 agenda, including presentation by an expert has to be 7 approved by the Court. 8 MR. SANDY: Including who that expert is? 9 JUDGE KELLY: And including who the expert 10 is. 11 MR. SANDY: Okay, thank you. 12 JUDGE KELLY: Okay. Any further discussion? 13 COMMISSIONER LETZ: So we need to clarify -- 14 we need to rescind both of the preceding orders? 15 MRS. GRINSTEAD: Specifically, like the 16 conduct and decorum is the 25797, that would need to be 17 rescinded if you're going to officially adopt, like he 18 said, the change in what our practice has been since 19 well before '99, the visitor input has been three 20 minutes, but that does not match. 21 COMMISSIONER LETZ: I make a motion that we 22 rescind court orders 25797 which was in conflict with a 23 Court Order 25722, is that correct? 24 MRS. GRINSTEAD: No. It's two separate 25 documents. There's a courtroom decorum, and then 37 1 there's agenda rules and request. So the 257 -- 2 JUDGE KELLY: Let me clarify. 3 MRS. GRINSTEAD: Okay. 4 JUDGE KELLY: I make a motion that we 5 rescind court order 25797, which allows for a five 6 minute time limit for presentations by the public in 7 favor of adopting a three minute limitation, which is 8 what has been in use ever since I've been coming to the 9 Court. So that's my first motion. 10 COMMISSIONER BELEW: What was that number 11 again? 12 JUDGE KELLY: 25797. So we're going to 13 change it from five minutes to three minutes, which has 14 been what the Court's been doing. 15 Okay, is there a second? 16 COMMISSIONER MOSER: Question. On 17 restricting it to three minutes rather than five, we 18 just heard Jim Sandy talk for four, which was fine, why 19 are we changing it, why are we reducing it? 20 COMMISSIONER HARRIS: To allow more people 21 to speak, if necessary, in a time frame we're looking 22 at. Basically the one coming up. 23 COMMISSIONER LETZ: It's been what we've 24 been doing for the last -- 25 COMMISSIONER HARRIS: All I've ever known. 38 1 MRS. GRINSTEAD: Truly every agenda since 2 before 1992 since before these original rules were 3 adopted, has visitor input at three minutes. I'm not 4 really sure why it doesn't match the rules, but every 5 agenda, I went back and looked, has always said three 6 minutes. 7 COMMISSIONER MOSER: And it hasn't been a 8 problem, since I've been here for ten years or whatever. 9 JUDGE KELLY: But if we don't do this then 10 we need to change the visitor's input portion of our 11 agenda to accurately reflect that you get five minutes. 12 So we just need to be consistent. That's all I'm trying 13 to do is get it consistent. 14 COMMISSIONER MOSER: And I agree with that. 15 I'm just reflecting on three minutes versus five 16 minutes, and I don't know of any issues we've had for it 17 being three minutes, so okay. Thanks for the 18 discussion. 19 COMMISSIONER LETZ: So your motion is just 20 to -- 21 JUDGE KELLY: To rescind the five minutes. 22 COMMISSIONER LETZ: It's not rescinding the 23 whole court order? I mean it seems to me if we're 24 changing it, specific language in it, we should adopt a 25 whole new rules and procedure. 39 1 COMMISSIONER MOSER: Right, change five to 2 three, yeah. 3 COMMISSIONER BELEW: Well, if nothing else 4 changes except the time, why do that? If something else 5 changes -- 6 COMMISSIONER MOSER: If you rescind it, you 7 have nothing then. 8 COMMISSIONER BELEW: Oh, you're talking 9 about modifying it versus rescinding it. Then what do 10 we replace it with? 11 MRS. GRINSTEAD: The brand new one -- 12 COMMISSIONER BELEW: If we rescind it then 13 it's replaced with -- 14 MRS. GRINSTEAD: -- in your backup. 15 JUDGE KELLY: Well, that's what the proposed 16 rules that are attached are. 17 COMMISSIONER BELEW: Yeah, so we do need to 18 rescind it. So the other one is still in effect. Right 19 now we have two -- 20 JUDGE KELLY: But we will need to go ahead 21 and adopt these proposed changed rules to conform. So 22 rescind one, and then we'll adopt another. 23 COMMISSIONER BELEW: So how should the 24 motion be? 25 COMMISSIONER LETZ: The motion's just to 40 1 rescind 25797. 2 COMMISSIONER BELEW: That's what he did. 3 I'll second that. 4 MR. SANDY: I have a question. 5 JUDGE KELLY: Yes, Sir. 6 MR. SANDY: So this changing it from five 7 minutes to three minutes, is that just on the visitor 8 section of the agenda? In other words if there's an 9 agenda item already approved and someone wants to speak 10 on that, are they also limited to three minute at that 11 point? 12 JUDGE KELLY: Yes. Everybody's limited 13 except for the ones that the Court uses for experts or 14 consultants, and we can expand that. 15 MR. SANDY: Okay, thank you. 16 COMMISSIONER LETZ: I'll make a general 17 comment for the public. It seems like to be an 18 important issue. I do not recall us ever limiting 19 someone unless we had 30 people and we're trying to get 20 through them. Like we let Mr. Sandy talk for four and a 21 half minutes today, and our rules are three minutes. So 22 I mean, it's not -- it's just a matter for us to be able 23 to handle a large group so we can get through it, get 24 through the business. And the Court has -- I don't 25 recall, you know -- 41 1 COMMISSIONER BELEW: I've never seen anybody 2 dragged away from the podium. 3 COMMISSIONER LETZ: I haven't either. It's 4 more of a rule so that we can keep order; not -- 5 JUDGE KELLY: It's just to know what it is. 6 I don't care if it's three or five. We just need to 7 know what it is and it needs to be adopted. 8 COMMISSIONER LETZ: And be consistent. 9 JUDGE KELLY: My motion was to go with three 10 minutes instead of the five minutes. Rescind that order 11 to that extent. Modify the order. 12 COMMISSIONER LETZ: Actually, I think we 13 have. Who do you have as the motion? 14 MRS. DOWDY: You made a motion to rescind 15 25797, Commissioner Harris seconded it. And then the 16 Judge -- 17 COMMISSIONER BELEW: So we need to vote on 18 that one first. 19 JUDGE KELLY: So the motion is the one that 20 Commissioner Letz made and seconded by Commissioner 21 Harris to rescind order 25797. Anymore discussion about 22 that? 23 COMMISSIONER HARRIS: I think it's just 24 important to state that nobody's ever been timed out, 25 but there could be a time when we did if we had a lot of 42 1 people in here talking about something and that to be in 2 a timely manner, we might have to, so yes. 3 COMMISSIONER BELEW: And conversely, if you 4 only have one person that wants to talk about it, then 5 they go longer, it doesn't hurt anything. 6 COMMISSIONER HARRIS: Exactly. 7 MRS. DOWDY: Is there going to be a new 8 policy adopted? I'm sorry to interrupt. 9 (Off the record.) 10 COMMISSIONER MOSER: We're getting there. 11 Stand by. 12 JUDGE KELLY: Now, while we're still on the 13 discussion part of this, for the upcoming workshop on 14 the 18th, we're anticipating a large volume of people, 15 and so my intent at this point is whatever the minute 16 limitation is that you're getting, is to put it on the 17 Iphone and start the time, and when it goes off they'll 18 be a quack or bell or something and everybody will know 19 exactly what time it is, and we can make a discretionary 20 decision at that time whether to go ahead. Depends on 21 how many people we have in line. 22 If we have 50, 75 people waiting to talk we 23 have to enforce those time restrictions a little bit 24 more than we have with only one person speaking to us. 25 So that we'll have a time and people will -- 43 1 (Talking over.) 2 MRS. SANDY: -- 30 minutes so six speakers, 3 so -- 4 JUDGE KELLY: Well -- 5 MRS. SANDY: -- we'll be doing that as well. 6 JUDGE KELLY: No, Ma'am, we won't. 7 MRS. SANDY: Okay. 8 JUDGE KELLY: We're going two hours. I 9 understand that that's the regular rules that we do is 10 30 minutes, it's for a meeting such as this. For a 11 workshop we schedule and set aside two hours from 6 to 8 12 o'clock at night and try to hear as many people's input 13 that would like to talk to the Court. 14 MRS. SANDY: Thank you. 15 JUDGE KELLY: We have your motion. Any 16 further discussion? 17 COMMISSIONER BELEW: Hope not. 18 JUDGE KELLY: Those in favor raise your 19 hand. Unanimous, five zero. 20 Next part of the motion is to 2 -- well, we 21 have to look at the other order, which is 25722, and 22 that's the one that we've been literally enforcing here 23 at the Court turning in your agenda items from a Tuesday 24 afternoon to a Wednesday noon. So we need to modify 25 that, or rescind that, to authorize legally that we can 44 1 accept agenda items request after Tuesday at 5:00 until 2 noon on Wednesday. 3 COMMISSIONER BELEW: I move for approval -- 4 COMMISSIONER LETZ: To rescind court 5 order -- 6 COMMISSIONER BELEW: -- to rescind court 7 order number 25722. 8 COMMISSIONER HARRIS: Second. 9 JUDGE KELLY: Been a motion by Commissioner 10 Belew and second by Commissioner Harris to rescind court 11 order 25722, which has to do with the deadline for 12 filing agenda requests. Any further discussion? Those 13 in favor raise your hand. Unanimous, five zero. 14 Now we have the proposed rules -- the 15 proposed rules of Procedure, Conduct and Decorum at the 16 meeting of the Kerr County Commissioners' Court, which 17 is in your packet, which incorporates the changes that 18 we're making to the three minute limitation for public 19 speaking, and moving the deadline to Wednesday at noon. 20 And these are virtually verbatim to what the rules have 21 been for the last 20 years. 22 COMMISSIONER HARRIS: I move for approval. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: Motion been made by 25 Commissioner Harris, seconded by Commissioner Belew to 45 1 approve the new proposed rules. Any further discussion? 2 COMMISSIONER MOSER: Does this specifically 3 say three minutes? 4 COMMISSIONER LETZ: Yes. 5 COMMISSIONER MOSER: Okay. Good enough. 6 JUDGE KELLY: Okay. And those in favor 7 raise your hand. Unanimous, five zero. 8 Now, as we move on, we know what the rules 9 are, and it's just a matter of now making sure that the 10 public and everybody else understands the rules as we 11 begin the meeting. And it's not so much for those 12 meetings, the regular court meetings, or the special 13 court meetings. But when we have workshop like this and 14 we do have large turnouts, it's very important to know 15 what these rules are. So this is intended to be for 16 everyone's protection, the public as well as the Court. 17 Having said that, I know we're rushing your time. 18 COMMISSIONER LETZ: Judge, just a comment on 19 that. All we're doing is basically cleaning up some old 20 court orders that should have been deleted 20 years ago. 21 JUDGE KELLY: Okay. We almost had the 22 meeting in January, but we didn't. 23 Okay, we haven't been going quite an hour. 24 You're going to leave at -- 25 COMMISSIONER LETZ: I'm leaving right about 46 1 now. 2 JUDGE KELLY: So let's go ahead and take the 3 first item at ten o'clock consider, discuss and take 4 appropriate action -- this is 1.13, I'm sorry. 5 Consider, discuss and take appropriate action to approve 6 the Certificate of Construction Completion for the 2015 7 CD, which is the Colonia Development, Colonia Grant, and 8 this is for the first time sewer connections in Westwood 9 and Center Point. Cesar -- Mr. Acosta. And to identify 10 yourself you are Cesar Acosta? 11 MR. ACOSTA: Yes, Sir, Cesar Acosta, Project 12 Manager, GrantWorks. 13 JUDGE KELLY: Okay, you may proceed. 14 MR. ACOSTA: The Certificate of Completion 15 is identified the Court that on November 6th, the 16 project engineer with Tetra Tech Don, and Charlie 17 Hastings, the County Engineer, did a walkthrough to see 18 how certification of the 2015 Colonia Grant has gone. 19 54 lateral connections were observed connected, and 54 20 septic demolitions, shows that they had been completed. 21 On the form it shows the original amount of 22 the contract for the Colonia Grant was $575,750.00, and 23 how much has been spent, and change orders since then. 24 Basically meaning that we have a remaining balance that 25 was retainage for the grant of 479,000 -- 47 1 THE REPORTER: Could you repeat that figure, 2 please. 3 MR. ACOSTA: Sure. The final remaining 4 balance for the construction budget on this project, 5 which is retainage for the construction company is 6 $47,944.49. And basically, this is just to close out 7 the first portion of the 2015 Colonia Grant. It's not 8 the entirety of the sewer connection project, which is 9 several hundred first time connections in the Colonia 10 Center Point and Westwood. 11 But this will -- by signing this COCC, I 12 then tell TDA that we are within compliance for 13 completing the 2015 grant, which is scheduled to end on 14 November 19th. After I submit this along with a final 15 wage compliance report to TDA, we'll have another 60 16 days to submit a project completion report, which shows 17 just all the work that's been done on this grant so far. 18 And that's what that one's for. 19 COMMISSIONER MOSER: Charlie, Project -- in 20 the county, you're the project manager. You agree with 21 these numbers? 22 MR. HASTINGS: Yes, we do. 23 COMMISSIONER MOSER: Okay, I move for 24 approval. 25 COMMISSIONER LETZ: Second. 48 1 JUDGE KELLY: Been moved by Commissioner 2 Moser, seconded by Commissioner Letz to approve the 3 Certificate of the Construction of Completion for the 4 2015 CD Colonia Grant. Any further discussion? Those 5 in favor raise your hand. Unanimous, five zero. 6 COMMISSIONER MOSER: This is a very 7 important item because Cesar got married in El Paso this 8 weekend but came back for this agenda item. That's how 9 important it is. 10 MR. ACOSTA: Thank you, Sir. 11 COMMISSIONER MOSER: Thank you. 12 Congratulations. 13 COMMISSIONER HARRIS: Thank your wife. 14 COMMISSIONER LETZ: This is going to be the 15 beginning of a number of closing out grants. As we go 16 along we're going to have more of those as time goes on, 17 which is a good thing. 18 MR. ACOSTA: Yes, Sir. 19 JUDGE KELLY: Don't leave. Don't leave. 20 I'm going to call 1.14 consider, discuss and take 21 appropriate action to approve the Contract Amendment 1 22 for the 2017 CEDAP, Colonia Economically Distressed Area 23 Program, Grant 7217045 for a 12-month extension, from 24 12-31-19 to 12-31-20. Mr. Acosta. 25 MR. ACOSTA: Yes, Sir. So the 2015 grant 49 1 was actually extended twice for a 24 month period. 2 Projects -- to try and get the infrastructure completed 3 for increased capacity of the wastewater treatment 4 plant, to get piping all the way from the Kendall Water 5 Improvement District facility in Comfort down to Center 6 Point, took longer than expected. And so the grant for 7 the 2015 was extended out those two years. 8 The 2017 Grant needs to be extended for a 9 year because we couldn't spend down the money, which is 10 around 9 hundred thousand dollars on this grant until we 11 had depleted the funds for the 2015 grant. Now that we 12 are -- we have capacity of the wastewater treatment 13 plant, we are actively doing connections in Center 14 Point. We believe that we can complete the -- some of 15 the -- sorry, the low to moderate income sewer 16 connections in Center Point before the end of next year. 17 JUDGE KELLY: You know, Mr. Acosta, I'm 18 going to give you an award, you can talk faster than me. 19 Did you get all that? 20 COMMISSIONER LETZ: Quick summary. This is 21 a 12-month extension to the 2017 CEDAP Grant. I move 22 for approval. 23 COMMISSIONER MOSER: Second. 24 JUDGE KELLY: Been moved by Commissioner 25 Letz and seconded by Commissioner Moser to extend the 50 1 grant to December 31 of next year. Any further 2 discussion? Those in favor raise your hand. Unanimous, 3 five zero. 4 Thank you very much. And thanks for coming 5 back. 6 COMMISSIONER MOSER: I just have real quick. 7 The reason the County can do this is because we're 8 within the -- Colonia Grant's within 150 miles of the 9 border, of the Mexican border, so it's been really 10 important for the County. Thank you, Cesar. 11 MR. ACOSTA: Yes, Sir. It's been -- and I 12 say this every time I get a chance to, it's really been 13 a great honor to work on this particular project. I 14 think this is the largest first-time sewer connection 15 project in the country right now. And it's also just an 16 amazing trying to keep up with a large area, and I'm 17 just happy to be a part of it. 18 JUDGE KELLY: And we would like to thank 19 GrantWorks because we couldn't have done it without you. 20 We couldn't. Thank you very much. 21 Let's go to item 1.15 consider, discuss and 22 take appropriate action for the Court to approve a final 23 plat for Stargaze Estates. Charlie Hastings. 24 (Commissioner Letz absent.) 25 MR. HASTINGS: Thank you. This is an 51 1 alternate plat that was approved -- the process was 2 approved by Commissioner Moser. The owners wish to 3 subdivide 8 acres into two lots. They are allowed as 4 many as three. They're going to do two lots. The 5 smallest lot size will be 1.38 acres, the other one is 6 the balance of that. And the smallest size that is 7 allowed is one acre, so we're well within that. 8 They will be on a public water service. 9 Water Services, Inc., it's a Southwest Water System -- 10 Water Company. They will also use OSSF for sewer. 11 They're not in the floodplain. There's no proposed 12 roads. And again, the subdivision proposes two 13 residential lots with access off of Tremper Trail. Lot 14 2 is 6.62 acres may be served by either a public water 15 system or a private well. They have that option. 16 The County Engineer requests that the Court 17 approve the final plat for Stargaze Estates, Precinct 2. 18 COMMISSIONER MOSER: Move for approval. 19 COMMISSIONER BELEW: Second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Moser and seconded by Commissioner Belew to 22 approve the final plat for Stargaze Estates. Any 23 further discussion? Those in favor raise your hand. 24 Unanimous, four zero. 25 Note that Commissioner Letz had to leave 52 1 early. 2 Item 1.16 consider, discuss and take 3 appropriate action to go out for annual bids for road 4 base, cold mix, aggregate, emulsion oil, and corrugated 5 metal pipe. And you are not Kelly Hoffer. 6 MR. MATTER: No, Sir. Gail Matter, Road & 7 Bridge. Road & Bridge is asking the Court to give us 8 authorization to go out for annual bids on the road 9 base, cold mix, aggregate, emulsion oil, and the 10 corrugated pipe. Once we put out the bids, we'll come 11 back to court on December 9th, 2019 at 10:05, and also 12 award the bid contract at that time. 13 COMMISSIONER MOSER: Move for approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Motion been made by 16 Commissioner Moser, second by Commissioner Belew to 17 approve Road & Bridge going out for bid for road base, 18 cold mix, aggregate, emulsion oil, and corrugated metal 19 pipe. 20 And just for the public, this is something 21 you do annually, every year, it's very routine. 22 MR. MATTER: Yes, Sir. 23 JUDGE KELLY: And you try to lock the prices 24 in as we begin the new year. 25 MR. MATTER: Yes, Sir. 53 1 COMMISSIONER HARRIS: Gail, do you know how 2 many y'all put out bids to? 3 MR. MATTER: No, Sir, I don't. Not for 4 sure. 5 MR. HASTINGS: Just under ten. Some vendors 6 only do corrugated metal pipe, some do the aggregate. 7 But there's probably about ten vendors total. 8 JUDGE KELLY: Any further discussion? 9 COMMISSIONER BELEW: Now, we -- these are 10 divided up sometimes. You're not talking about getting 11 it all -- yeah. 12 MR. MATTER: Right, right. Each one, like 13 corrugated pipe be separate from the road base, the 14 aggregate or pavement rocks. 15 COMMISSIONER HARRIS: I believe last year we 16 were able to get the rock here and saved us a good bit 17 of money. 18 COMMISSIONER MOSER: Changing from basalt. 19 COMMISSIONER BELEW: And the new rock, the 20 new white rock, you know, I drive roads that are covered 21 with that. And this morning they were perfect. They've 22 been perfect. They drain right. There's parts of state 23 roads that I drive everyday that don't do as well, so 24 thank you to the County, Road & Bridge. 25 MR. MATTER: Thank you. 54 1 JUDGE KELLY: Okay. Those in favor raise 2 your hand. Unanimous, four zero. 3 MR. MATTER: Thank you. 4 JUDGE KELLY: Thank you, Gail. 5 Okay, let's take about a -- let's take a 6 short break and come back at 11:25 and we'll finish up 7 with the approval docket and the information docket. 8 (Break.) 9 JUDGE KELLY: We're going to move on to the 10 approval agenda, which is under Roman Numeral II. 2.1 11 is to pay the bills. 12 MS. SHELTON: For the budget year of 13 2018-2019 Kerr County -- 14 JUDGE KELLY: Tanya, I'm going -- I'm sorry, 15 I'm going to interrupt you. I'm trying to make a habit 16 of identifying the speakers as they come to the podium. 17 So this is Tanya Shelton, our Auditor. Go ahead, I'm 18 sorry. 19 MS. SHELTON: That's fine. 2018-2019 budget 20 year Kerr County has $19,274.96. Bills to pay for the 21 budget year of 2019-2020 Kerr County had $66,672.19. 22 Juvenile Probation had $17.99. And the District Clerk 23 fees had $3,085.13. 24 JUDGE KELLY: Okay. 25 COMMISSIONER HARRIS: I move for approval. 55 1 COMMISSIONER MOSER: Second. 2 JUDGE KELLY: Motion been made by 3 Commissioner Harris and seconded by Commissioner Moser 4 to approve paying the bills. Any discussion? Those in 5 favor raise their hand. Unanimous, four zero. 6 Before we get away from that, I do want to 7 make a comment. Last week the Sheriff presented me our 8 bills that we sent out to house our inmates 9 out-of-county, which by the way totalled $83,480.00. 10 And over 75 thousand dollars of that came from Kendall 11 County and Medina County. Kendall County just completed 12 their new jail, and Medina County is in the process of 13 building their new jail, and we don't expect much change 14 in what the inmate housing is going to be from those two 15 counties because they built too small of jails. And I 16 talked personally with Judge Lux and Judge Schuchart, 17 who would like for me to put a personal Post-it thank 18 you on each bill that we send them, because they are 19 helping pay for our jail. Just for what it's worth. 20 COMMISSIONER HARRIS: Yeah. Larry Sittre in 21 Medina County want meals. 22 COMMISSIONER MOSER: I think what was it 23 like seven hundred thousand this last year? 24 SHERIFF HIERHOLZER: It was over seven 25 hundred thousand last year, and plus we had just entered 56 1 into a contract with Nueces County, and they're going to 2 start sending some in -- Ector County asked for a 3 contract last week so we sent them one, so it's going to 4 go up a lot higher. 5 COMMISSIONER MOSER: Good deal. 6 JUDGE KELLY: Let's move down to item 2.2 7 budget amendments. 8 MS. SHELTON: There are not any. 9 JUDGE KELLY: 2.3 late bills. 10 MS. SHELTON: There are not any. 11 JUDGE KELLY: 2.4 Auditor reports. 12 MS. SHELTON: We do not have any. 13 JUDGE KELLY: Thank you. And 2.5 accept the 14 monthly reports. Commissioner Harris. 15 COMMISSIONER HARRIS: Okay, the monthly 16 reports. We have Environmental Health, Ashli Badders. 17 We have Indigent Service, HR Jennifer Doss. Constable 1 18 Tommy Rodriguez, Constable 2 Kyle Schneider, J.P. 3 19 Kathy Mitchell, J.P. 2 J.R. Hoyne, and District Clerk 20 Dawn Lantz. 21 I move for approval. 22 COMMISSIONER BELEW: Second. 23 JUDGE KELLY: Motion been made by 24 Commissioner Harris to approve the monthly reports. 25 Second by Commissioner Belew. Is there any further 57 1 discussion? Those in favor raise their hand. 2 Unanimous, four zero. 3 Court orders. 4 MRS. DOWDY: Yes, there were some court 5 orders. 6 JUDGE KELLY: Commissioner Letz has reviewed 7 court orders, and Commissioner Moser has double checked 8 the one with regard to the merit pay order that was -- 9 that was set to be entered, and approved that. And so 10 having conferred with them, I'm going to make a motion 11 that we approve court orders as presented. 12 COMMISSIONER MOSER: Second. 13 JUDGE KELLY: So I made the motion, seconded 14 by Commissioner Moser to approve court orders as 15 presented. Any further discussion? Those in favor 16 raise your hand. Unanimous, four zero. 17 COMMISSIONER HARRIS: Do we need to approve 18 the payroll? 19 MRS. DOWDY: There was a payroll approval 20 packet. 21 COMMISSIONER HARRIS: That we were signing 22 and passed on. 23 COMMISSIONER BELEW: Do we have to -- we 24 have to approve? 25 COMMISSIONER HARRIS: Yes. 58 1 JUDGE KELLY: Okay. 2 COMMISSIONER BELEW: Well, I move for 3 approval in the payroll packet. 4 JUDGE KELLY: So do we have a second? 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Been moved by Commissioner 7 Belew, seconded by Commissioner Harris to approve the 8 payroll that's been passed around, and we all approved 9 already so let's take a vote. Those in favor raise 10 their hand. Unanimous, four zero. 11 Going to information agenda 3.1 status 12 reports from department heads. Any reports? 13 3.2 status reports from elected officials. 14 Any report? 15 Item 3.3 status reports from Liaison 16 Commissioners. Any reports? 17 COMMISSIONER HARRIS: I don't have anything 18 at this time, other than, you know, had several events 19 out at the Event Center, and everything seemed to go 20 well out there. So good report. 21 JUDGE KELLY: I would report that I did go 22 to KARFA meeting last Tuesday -- 23 COMMISSIONER HARRIS: Wednesday. 24 JUDGE KELLY: -- Wednesday night. And -- 25 Jody, have you received anything back from them yet. 59 1 They were going to send in what the agreed reimbursables 2 were for? 3 MRS. GRINSTEAD: No, I've not received 4 anything. 5 JUDGE KELLY: They were in agreement to come 6 up with a short list of reimbursable expenses, but there 7 this was one -- a minor pushback from one of the local 8 VFD's. 9 COMMISSIONER BELEW: Well, I wonder which 10 one. 11 JUDGE KELLY: Well, they will remain 12 anonymous. But wanting to know if we had any evidence 13 that anybody had embezzled money, or why were we asking 14 for these, and I explained to him, simply because we 15 need standardization of this to make it easier for the 16 Auditor's Office. I was quizzed whether or not the 17 Auditor's Office has actually come to me to get 18 explanations of these reimbursable expenses, and I 19 informed them that yes they have. 20 They wanted to know whether or not any 21 questions with regard to those reimbursable expenses had 22 made it to Commissioners' Court, and I said some of them 23 have had been discussed, but we have resolved nearly all 24 of them at the Auditor's and my level, to be able to get 25 them their money. 60 1 So we should have probably half a dozen to 2 maybe a dozen broad categories that we will be able to 3 have these reimbursable expenses which will make it a 4 whole lot easier for the Auditor's Office to approve. 5 COMMISSIONER MOSER: Seems reasonable to 6 take taxpayer money, you oughta know what you're going 7 to spend it for in advance, as opposed to having -- 8 JUDGE KELLY: Well, I specifically reminded 9 that they are providing this fire protection for the 10 County for expletive deleted free. 11 SHERIFF HIERHOLZER: I would remind them we 12 did investigate an embezzlement case from one and shut 13 that fire department down a number of years ago. 14 COMMISSIONER MOSER: That's right. 15 JUDGE KELLY: It was just one of those 16 moments that you have to let the storm blow by. But 17 that's all I have to report. 18 COMMISSIONER MOSER: Okay. 19 COMMISSIONER BELEW: As an addendum to that, 20 I have just anecdotally had local fire fighters thank me 21 for what's been going on and what has -- how we've tried 22 to help, so it's the opposite from what you're talking 23 about. 24 JUDGE KELLY: I would say all of the other 25 volunteer fire departments echo your sentiments that 61 1 they appreciate what we're trying to do to get 2 standardized. 3 There are no items for Executive Session. 4 There being no other discussion, items on the agenda, we 5 stand adjourned. 6 * * * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 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 14th day of November, A.D., 10 2019. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/31/2020 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25