1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, December 9, 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 Comments. 6 4 1.2 Consider, discuss and take appropriate 9 action regarding options for the opening 5 of Kerr County Animal Services on Saturdays. 6 1.3 Consider, discuss and take appropriate 43 action to alter a name on the Kerr County 7 War Memorial, add "Billy" after "Billie Joe Butler", and accept a donation to pay for 8 same. 9 1.7 Consider, discuss and take appropriate 47 action to approve the revisions to the 10 Kerr County Investment Policy. 11 1.8 Consider, discuss and take appropriate 49 action to approve renewing the Kerr County 12 Incentive Program as part of the Texas Association of Counties Healthy County 13 Rewards Program for 2020. 14 1.13 Consider, discuss and take appropriate 57 action on the request to approve the 15 Resolution Declaring Kerr County to be a Second Amendment Sanctuary County. 16 1.14 Consider, discuss and take appropriate 75 17 action to authorize the County Judge to execute construction contract for re-roofing 18 Hangar C and Hangar D at the Kerrville-Kerr County Airport due to damage from the May 19 2019 hail storm, Precinct 2, or authorize issuance of RFP, Request for Proposal. 20 1.15 Consider, discuss and take appropriate 78 21 action to authorize the County Judge to execute construction contract for re-roofing 22 the Airport Terminal at the Kerrville-Kerr County Airport due to damage from the May 23 2019 hail storm, Precinct 2, or authorize issuance of RFP, Request for Proposal. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.16 Consider, discuss and take appropriate 83 action to authorize County Clerk to 4 advertise for bids for the 2020 Road Reconstruction Project. 5 1.17 Consider, discuss and take appropriate 84 6 action to open, read, and award the Annual Bids for Road Base, cold mix, Aggregate, 7 Emulsion Oil, and Corrugated Metal Pipe. 8 1.4 Consider, discuss and take appropriate 89 action to appoint a member of Commissioners' 9 Court or designate a person to perform investigation under Section 751.005 of the 10 Texas Health and Safety Code for the purpose of determining if the minimum standards for 11 ensuring public safety and order as prescribed by law will be maintained under 12 the application for permit for mass gathering by the Texas Pork Producers scheduled for 13 February 6-9, 2020. Hearing will held on January 13, 2020 at 8:30 a.m. 14 1.5 Consider, discuss and take appropriate 90 15 action on request to close Flat Rock Park, not Dog Park side, to public parking from 16 February 6, 2020 after 11:00 p.m. until February 9, 2020 at 5:00 p.m., for the use 17 of stock show trailer parking for the Texas Pork Producers Elite Showcase. Public access 18 to the dog park would be allowed from the walk-through gate near the bridge. 19 1.6 Consider, discuss and take appropriate 91 20 action on request from the Texas Pork Producers Elite Showcase to close Riverside 21 Drive from the boundaries of the Event Center Grounds in order to create a traffic 22 pattern and safe travel for the trailers to and from Flat Rock Park. Requested times 23 from 5:00 p.m. on February 6th, 2020 to 5:00 p.m. on February 9, 2020. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 94 action to approve the First Amendment to 4 the Agreement for Inmate Health Care Services at Kerr County, Texas. 5 1.10 Consider, discuss and take appropriate 101 6 action to approve contract with Xerox for copier for the Justice of the Peace, 7 Precinct 4. 8 1.11 Consider, discuss and take appropriate 102 action to cast vote(s) for Kerr Central 9 Appraisal District Board Member(s) for the 2020-2021 term. 10 1.12 Consider, discuss and take appropriate 102 11 action regarding Kerr County Records Management. 12 1.18 Consider, discuss and take appropriate 103 13 action to approve the audits required by Article 59.06 of the Code of Criminal 14 Procedure and the Fiscal Year 2019 Chapter 59 Asset Forfeiture Reports for 198th 15 District Attorney, the 216th District Attorney, and the Kerr County Sheriff. 16 1.19 Consider, discuss and take appropriate 104 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 December fireworks season. 21 1.20 Consider discuss and take appropriate 106 action to approve a Code of Conduct for 22 the Kerr County Volunteer Fire Departments. 23 1.21 Consider, discuss and take appropriate 107 action to approve the contract format for 24 the updated contracts with the Kerr County Volunteer Fire Departments. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.22 Consider, discuss and take appropriate 108 action to approve the qualitative incentive 4 fee for Global Spectrum for 2018-19. 5 1.23 Consider, discuss and take appropriate 110 action to commit to assisting the City of 6 Kerrville with the Household Hazardous Waste collection event in 2021, and allow 7 County Judge to sign letter stating same. 8 3.2 Status reports from Elected Officials. 115 9 2.1 Pay Bills. 126 10 2.3 Late Bills. 127 11 2.5 Accept Monthly Reports. 127 12 1.17 Consider, discuss and take appropriate 128 action to open, read, and award the Annual 13 Bids for Road Base, cold mix, Aggregate, Emulsion Oil, and Corrugated Metal Pipe. 14 2.6 Court Orders. 133 15 3.2 Status reports from Elected Officials. 140 16 *** Adjournment. 145 17 *** Reporter's Certificate. 146 18 * * * * * * 19 20 21 22 23 24 25 6 1 JUDGE KELLY: It's Monday, December the 9th, 2 2019, it's nine o'clock in the morning, and the Kerr 3 County Commissioners' Court is now in session. If you 4 would, please, rise for the pledge and the prayer. 5 (Prayer and the Pledge of Allegiance.) 6 JUDGE KELLY: I want to welcome everyone. 7 It's good to have a full house like this. 8 First reminder is cell phones. Everybody 9 has them, turn them off. If you don't turn them off and 10 they go off, we take them up, it's that simple. 11 The next part of our agenda has to do with 12 our public input. Is there anybody who would like to 13 address the Court at this time? If there's something on 14 the agenda, and you want to address that agenda item, 15 fill out your form, get it to Miss Dowdy, she'll get it 16 to me and we'll call you in due order. But if there's 17 anybody that wants to talk about something not on the 18 agenda this would be the time to do so. Any takers? 19 Good. 20 Commissioner comments. 21 COMMISSIONER BELEW: Went to -- 22 JUDGE KELLY: Let's go 4. 23 COMMISSIONER HARRIS: About time. Well, 24 went to the Ingram parade on Saturday evening, and the 25 Christmas tree lighting. And that thing just gets 7 1 bigger and bigger each year. Don't you think, Irene? 2 MS. VAN WINKLE: Oh yeah. 3 COMMISSIONER HARRIS: It has really taken 4 off. And a lot of community support -- 5 MS. VAN WINKLE: Go Ingram. 6 COMMISSIONER HARRIS: -- and it looked good. 7 So -- 8 COMMISSIONER LETZ: I don't believe I have 9 anything this morning, Judge. 10 COMMISSIONER MOSER: Let's see. I was at 11 Flat Rock Park last week -- the week before last, and 12 several times I saw a veteran, okay, in a wheelchair, 13 going down to Flat Rock Park. And in talking to Marty 14 Mistretta found out that veterans are no longer allowed 15 to smoke, even on the grounds of the Veterans Hospital, 16 so that may be the reason they're over there. 17 So with that, I looked at what's the 18 possibility of having a pathway go between Veterans 19 Hospital and Flat Rock Park. And the only thing that's 20 required is for an improvement in the street. There's a 21 crosswalk there, there's a -- you know, there at the -- 22 across Highway 27, a pathway from the hospital all the 23 way down there. So if we could get that road improved, 24 which is a City road, and I've talked to the City 25 Manager. I think they're -- they're open to discussions 8 1 on that, so I think we can get -- very easily get a 2 pathway that goes from Veterans Hospital down to Flat 3 Rock Park, which would be nice for them, you know. 4 Someday we might even put a little pavilion down there 5 for them to enjoy the park and -- from the hospital or 6 from the apartments there. So that's all I have. 7 COMMISSIONER BELEW: The recycle trailer is 8 in Precinct 1 this week, or has been this last week. 9 It's going to be moved tomorrow. That's been a big 10 success. Just want to remind people that you can take 11 your recyclables to wherever the trailer is and -- even 12 if you live in the County. So it's well used in 13 Precinct 1. 14 Also, the County Christmas party was a lot 15 of fun. And I thank everybody and putting up with me. 16 And we had a 40-year -- 40 years? 17 JUDGE KELLY: 40 years. 18 COMMISSIONER BELEW: 40 years. 19 JUDGE KELLY: Joe Biermann. 20 COMMISSIONER BELEW: Yeah. So that was 21 pretty cool. And then I was in the Fredericksburg 22 parade and the Ingram parade, and this time without any 23 grandkids, so I had to do it alone and make a spectacle 24 of myself. I prefer the kids to holler Merry Christmas 25 but -- and they were all well attended. It's been 9 1 really -- it's been a great season, part of it because 2 of the weather. This is -- as far as I'm concerned, 3 this is great Christmas weather. So if this is global 4 warming, I'm all in. That's all I got. 5 JUDGE KELLY: Okay. That being 6 Commissioner's Comments, let's go to the Consideration 7 Agenda. 8 Item 1.1, which is consider, discuss and 9 take appropriate action on a request from the MacDonald 10 Companies to approve a Chapter 381, Local Government 11 Code, economic development agreement between Kerr County 12 and The Landing Senior Living, LLC. 13 And I know Mr. Schulte is here. I've 14 already advised him that our County Attorney's advised 15 us that this is premature at this point and we'll pass 16 this and take it up at another time. 17 So let's go on to item 1.2 consider, discuss 18 and take appropriate action regarding options for the 19 opening of Kerr County Animal Services on Saturdays. 20 Mr. Givens. 21 MR. GIVENS: Good morning. So I think you 22 probably have got in front of you several plans as far 23 as options for, I guess, the intended goal of opening on 24 Saturdays. You've got your first plan, which is going 25 to be to hire some additional part-time personnel. 10 1 You'll see the -- you should be seeing the breakdown of 2 what that would be. There's three listed there, just 3 for your convenience, to see how much it would be for 4 one, for two, or for another -- an adoption coordinator 5 part-time on there. 6 And it's broken down by a four-hour day, a 7 six-hour day, and an eight-hour day. So you can see 8 what the costs there are. This was put together by the 9 -- by HR. Did you guys have any questions about that? 10 JUDGE KELLY: Well, why don't you recap it 11 because the public's not hearing what's on that paper. 12 MR. GIVENS: Okay. So we've got a -- on the 13 four-hour work week for -- for an additional adoption 14 coordinator/ACO, which is the job title, you're looking 15 at an hourly rate of 16.68, which -- and I believe that 16 this is an expense through September, if I'm not 17 mistaken. And so you're looking on that one at a -- at 18 an -- the annual salary expense of $4,179.63. And then 19 you've also got the option of a kennel tech part-time, 20 which is 15.88 per hour, and that's $3,979.17. That's 21 for four hours per week. 22 COMMISSIONER MOSER: So that would be open 23 on four hours on Saturdays? 24 MR. GIVENS: Yeah. This shows options for 25 four, six, or eight. 11 1 COMMISSIONER MOSER: Yeah. That -- those 2 are just Saturday hours? 3 MR. GIVENS: Right. Yes. 4 COMMISSIONER MOSER: Okay. Thanks. 5 JUDGE KELLY: But to clarify, we're -- 6 you're talking here on the first proposal on four hours 7 per week for three additional employees, part-time. 8 MR. GIVENS: Well, however you want. It 9 could -- you could do three, you could do two, or you 10 could do one. 11 JUDGE KELLY: I understand. But what -- the 12 option you put together here, the first one -- 13 MR. GIVENS: Right. 14 JUDGE KELLY: -- so when they look at it 15 you'll see -- 16 MR. GIVENS: Yes. 17 JUDGE KELLY: -- you have two kennel techs 18 and one adoption coordinator, ACO, part-time. For the 19 rest of this fiscal year, that would cost us about -- a 20 little over $12,000.00? 21 MR. GIVENS: Yes. $12,137.00. 22 JUDGE KELLY: And then if we did it for six 23 hours a week with the same three people added, it would 24 cost us about $18,000.00 -- 25 MR. GIVENS: Yes. 12 1 JUDGE KELLY: -- for the fiscal -- the 2 remainder of this fiscal year? 3 MR. GIVENS: Yes. 4 JUDGE KELLY: And then if we did it for 5 eight hours a week, it would go up to a little over 6 $24,000. Is that correct? 7 MR. GIVENS: Yes, sir. 8 COMMISSIONER LETZ: The comment -- I talked 9 with Reagan about this quite a bit, and this is kind of 10 what it would take to do it. But our current staff -- 11 we don't have the time to have our current staff do this 12 and be open on Saturdays, with our overtime, our other 13 issues. 14 I think the last couple -- I think it was 15 last week or two weeks ago was a good example. We had 16 pretty much all hands on deck with Reagan, and the 17 Sheriff's department, at an incident with a lot of 18 animals that were involved. And, you know, those people 19 had to be at that operation for safety reasons. And, 20 you know, and those things come up and all of a sudden 21 that -- those events create a lot of comp time, and I 22 think the Sheriff's going to talk to us about that a 23 little bit later. But -- so really the only option is 24 if we're going to only use our staff is to hire 25 part-time people. 13 1 COMMISSIONER MOSER: So you can't -- you 2 can't shift things around, not possible? 3 COMMISSIONER LETZ: No. Not going to work. 4 COMMISSIONER MOSER: Okay. Okay. 5 JUDGE KELLY: Well, the schedules are just 6 full. 7 COMMISSIONER LETZ: Yeah, the schedules are 8 full and we have too much comp time already. 9 COMMISSIONER MOSER: Okay. All right. 10 JUDGE KELLY: And Reagan, just to confirm, I 11 asked you to check out what that meant in manpower 12 capability was and you've reported back that it is full. 13 MR. GIVENS: Yes, it is. 14 JUDGE KELLY: Okay. 15 MR. GIVENS: And I have a list out. I 16 listed on here to the staffing report as well for you, 17 kind of, where we were. This is actually were we were 18 late November comp time hours of -- total for the 19 department, 99.53. That's changed a little bit since 20 then. I don't have the current numbers. But -- so we 21 have 13 total positions in our department, including 22 myself. 23 And then I've also listed out, you know, the 24 current schedule on there for each of those employees. 25 Because everybody -- not everybody, but there's -- we're 14 1 working with four and five different schedules to cover. 2 So moving on from that option, we didn't go 3 into -- 4 COMMISSIONER BELEW: Oh, wait a minute, 5 Reagan. Before you go on -- 6 MR. GIVENS: Yeah. Yes, sir? 7 COMMISSIONER BELEW: -- we are presented 8 here with two techs and one adoption coordinator in each 9 one of these? 10 MR. GIVENS: Yes, sir. 11 COMMISSIONER BELEW: Can it be done with 12 less and, if not, why? 13 MR. GIVENS: Yes, it can be done with less, 14 I believe. 15 COMMISSIONER BELEW: With your personnel? 16 MR. GIVENS: I believe so. 17 COMMISSIONER BELEW: Okay. 18 MR. GIVENS: And I'm kind of going to get 19 into some of that with my other plans. 20 COMMISSIONER BELEW: All right. 21 JUDGE KELLY: And the number -- the number 22 of part-time people that we have there affects the 23 volume of volunteers that we can accommodate at any 24 given time. 25 COMMISSIONER BELEW: Right. 15 1 MR. GIVENS: I believe so, yes. 2 JUDGE KELLY: Okay. Just so we're all on 3 the same page. 4 MR. GIVENS: Y'all ready? 5 JUDGE KELLY: Yes. 6 COMMISSIONER MOSER: Uh-huh. 7 MR. GIVENS: Okay. So moving on to plan 8 No. 2, this one is actually my recommendation as far as 9 allowing for Saturday activity, which is kind of getting 10 into where I believe that we need to implore more 11 assistance on Saturdays from volunteers. I don't think 12 that where we're currently at is -- is what is 13 completely best. I think that if we're going to move 14 forward with -- with Saturday anything, we need good 15 trusted volunteers -- 16 COMMISSIONER MOSER: Right. 17 MR. GIVENS: -- as we've kind of found out 18 from Kerrville Pets Alive that that's what they're 19 working on doing. 20 So another plan here is this -- this isn't 21 necessarily for an actual opening on Saturday, but this 22 is another path that is possible to take. It's my 23 understanding that Kerrville Pets Alive actually has a 24 rather nice adoption trailer. If they don't, is 25 there -- 16 1 MR. BURNISTON: Yeah. 2 MR. GIVENS: You do, okay. So I believe 3 this trailer is capable of holding both dogs and cats, 4 and I think that there's ways to work out some sort of a 5 plan there, if everybody is on board with it, to allow 6 for the removal of any dog and cat that is currently 7 available. Friday at the end of the day it's going to 8 be available, allowing Kerrville Pets Alive to remove 9 those animals for the weekend from the facility. If 10 they did that, they are then open for options of letting 11 us train their volunteers to do mostly Family Fit. Our 12 Family Fit trials are -- as you know, is our two-week 13 period where you can take an animal home and make sure 14 they work out with your other animals, your kids, 15 whatever you -- whatever. Just to make sure that 16 they're good to leave. 17 The reason I say Family Fit only is, I mean, 18 that doesn't involve any computers, that doesn't involve 19 any money transactions, it doesn't involve any reclaims. 20 Because that can all get a little bit tricky whenever 21 you get into those areas. But as far as actual Family 22 Fit, I don't see any reason why Kerrville Pets Alive 23 couldn't handle that, send it out. 24 Of course, the people would have to come 25 back in to do any kind of formal adoption with us during 17 1 regular business hours. And we'll follow-up as needed 2 after that to make sure it gets done. 3 Let's see here. So that would involve some 4 training, but I don't think that would be too difficult 5 of a task to do. The paperwork is not that complicated. 6 And then once they have -- really they can do whatever 7 they want. They can take the trailer anywhere in 8 Kerrville, Hunt, Ingram, Mountain Home. They can move 9 it around. They can have little miniature events where 10 they can spend time with the animals over the weekend 11 with as many volunteers as they would like. Socializing 12 the animals and making them visible. And then they 13 would just need to come back to the facility, really 14 probably either Sunday night or Monday morning, 15 however -- really however you guys wanted to work that 16 out. I don't have a problem with them coming up there 17 and dropping them back off. 18 So this is just another option. This is 19 just something to think about. It's not an actual 20 planned opening on Saturday, but it's something that 21 would get these animals out of the facility for the 22 entirety of the weekend, if that's something that they 23 would want to do. 24 COMMISSIONER MOSER: So let me see. So 25 making animals available for adoption on Saturday would 18 1 be via the KPA trailer. 2 MR. GIVENS: It wouldn't actually be for 3 adoption. Of course, the end result could be adoption 4 but -- 5 COMMISSIONER MOSER: Okay. Okay. So -- 6 MR. GIVENS: -- the official paperwork -- 7 COMMISSIONER MOSER: Before -- 8 MR. GIVENS: -- would be for Family Fit. It 9 starts there. And it starts there already. 10 COMMISSIONER MOSER: It would be Step 1 in 11 the adoption? 12 MR. GIVENS: Yes. 13 COMMISSIONER MOSER: Okay. And so they 14 could accommodate like what percentage of the animals 15 you think would be available for adoption? What 16 percentage would you say that is, 10 percent, 15 17 percent? 18 MR. GIVENS: Well, it varies -- 19 COMMISSIONER MOSER: I know. 20 MR. GIVENS: -- per week. 21 COMMISSIONER MOSER: Ballpark? Off the top 22 of your head? 23 COMMISSIONER LETZ: All of them, just about. 24 Close to all of them. 25 COMMISSIONER MOSER: Well, still, a high 19 1 percentage. 2 COMMISSIONER LETZ: Yeah. 3 COMMISSIONER MOSER: Okay. So -- 4 MR. GIVENS: Well, there's some in there, 5 you know, at the end of -- of Friday, that -- 6 COMMISSIONER MOSER: Yeah, I'm just talking 7 about -- just first -- first order of approximation. So 8 Commissioner Letz said most all of them. 9 COMMISSIONER LETZ: How many -- 10 Mr. Burniston's in the back. How many dogs and cats can 11 the trailer hold? 12 MR. BURNISTON: About 45, depending on the 13 size. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER BELEW: So my question is, we 16 already have animals that are being fostered and haven't 17 got permanent homes, right? 18 MR. GIVENS: Yes, sir. 19 COMMISSIONER BELEW: So would those be the 20 A-priority for taking them out or -- or how would that 21 work? Would that be a consideration in this process? 22 MR. GIVENS: Fosters that are already out or 23 that are not -- 24 COMMISSIONER BELEW: They're already being 25 fostered with those. Since they're still looking for 20 1 permanent homes for them, would they be the first choice 2 to go on the road with the -- or -- or are you taking -- 3 MR. GIVENS: No, our fosters really aren't 4 at the facility. 5 JUDGE KELLY: They're with families. 6 MR. GIVENS: Yeah, they're -- they're all 7 out. 8 COMMISSIONER BELEW: Well, but they're not 9 -- they're not permanently housed. 10 JUDGE KELLY: Well, they're not finalized 11 yet but -- but they're out. They're not there. 12 COMMISSIONER BELEW: Some of them come back. 13 JUDGE KELLY: They do come back. 14 COMMISSIONER LETZ: When they come back then 15 they would go out again. 16 COMMISSIONER BELEW: Sure. Okay. 17 MR. GIVENS: Yeah, if they came back to us, 18 they would be a prime candidate for going with -- for 19 the weekend. 20 COMMISSIONER BELEW: All right. 21 MR. GIVENS: I would be a little bit leery 22 about sending animals out that we don't actually -- that 23 are on hold times for owners. Just if something happens 24 or something like that out there. 25 COMMISSIONER MOSER: So, Reagan, say -- say 21 1 an animal is on the trailer, or they find a family 2 that's interested in doing, then they want to adopt it, 3 then they come back to the facility during the week, 4 okay, not on Saturday, during the week, and that at any 5 -- anytime the facility is open then -- 6 MR. GIVENS: Yes. 7 COMMISSIONER MOSER: -- for the adoption? 8 Okay. 9 MR. GIVEN: Yeah. And already, pretty -- 10 with a lot of what we do that results in adoption, a lot 11 of it starts out with Family Fit. We do have a lot of 12 people that adopt right off the bat. But there's a lot 13 of that that starts with the Family Fit trial. 14 COMMISSIONER MOSER: Sure. Okay. All 15 right. 16 MR. GIVENS: So I think that's a good -- 17 that's a neat option. I think that's a neat idea. I 18 think that it's kind of a unique idea. But if something 19 can get these animals out of the facility for a few 20 days -- 21 JUDGE KELLY: Well, let me make sure that I 22 understand that -- 23 MR. GIVENS: Okay. 24 JUDGE KELLY: -- because we're talking about 25 two different things here. 22 1 MR. GIVENS: Yeah. 2 JUDGE KELLY: One is you're looking into and 3 reporting back to us, and you've given us your 4 preliminary numbers on what it would take for us to be 5 able to open up on Saturdays, which is basically adding 6 more manpower, correct? 7 MR. GIVENS: Yes. 8 JUDGE KELLY: And that's something that we 9 are in the process of approaching and trying to see what 10 we can come up with, is that right? 11 MR. GIVENS: Yes, sir. 12 JUDGE KELLY: This plan two, as you call it, 13 really is more of a pilot program that we haven't done. 14 We've got this Kerrville Pets Alive, they're trained, 15 they know how to do all this stuff. They've got the 16 equipment, and so we're basically partnering with them 17 to get our animals out during the weekend to get them 18 shown, socialized and -- and to try to get -- find homes 19 for them. 20 MR. GIVENS: Yes, sir. 21 JUDGE KELLY: But it would be on a foster 22 basis, the Family Fit is the way they would -- they 23 would let them out. 24 MR. GIVENS: Uh-huh. 25 JUDGE KELLY: And then -- then the people 23 1 would be responsible for coming back to the shelter to 2 actually complete the paperwork for an adoption? 3 MR. GIVENS: Yes, sir. And then we -- it 4 basically just falls in -- basically somebody else 5 aside from our staff is the one that's doing the Family 6 Fit startup paperwork on that and getting it going. 7 They just need to be trained in what exactly they need 8 to tell them, how long they have, that they need to come 9 back. Because we'll still follow up on everything just 10 like we do normally to make sure it gets done. Because 11 we have people that take animals out on Family Fit and 12 they never show back up. They never come back. So -- 13 JUDGE KELLY: But they take the animal? 14 MR. GIVENS: They take the animal, yeah. 15 JUDGE KELLY: Well, okay. 16 MR. GIVENS: But we have to make sure that 17 they've complied with State Law. So -- 18 COMMISSIONER MOSER: But it -- what it does, 19 it lets the public have access to the animals on 20 Saturdays? 21 MR. GIVENS: Yes. 22 COMMISSIONER MOSER: That's what that is. 23 COMMISSIONER HARRIS: This -- 24 COMMISSIONER MOSER: And Sunday. 25 COMMISSIONER HARRIS: -- in my mind, this is 24 1 a win-win deal, I mean, because they're kind of out of 2 sight, out of mind at our current location and if you 3 pull up -- and I'm just hypothetical, pull up to -- in 4 front of Tractor Supply with a trailer, people see them. 5 That's a different venue. 6 MR. GIVENS: All right. And it's really -- 7 COMMISSIONER HARRIS: If it's agreeable with 8 everybody. I mean if -- 9 MR. GIVENS: Well, I mean, even if it's not 10 something -- even if Kerrville Pets Alive didn't do a 11 weekly -- a weekly weekend event, if they've got 12 volunteers that just want to socialize the animals, walk 13 them, things of that nature. It's still an option for 14 them to do over the weekend even if they don't have an 15 event every weekend. 16 JUDGE KELLY: But what I'm liking about this 17 is Kerrville Pets Alive, they already have their own 18 training program, they have the trained volunteers, they 19 have their equipment. They're ready to go. This is 20 boots on the ground, ready to go. Right? 21 COMMISSIONER LETZ: Probably talk to -- 22 MR. GIVENS: I have not talked to -- 23 COMMISSIONER LETZ: -- the chairperson. 24 JUDGE KELLY: Yeah, but -- but you're 25 getting there. And this -- this would be for us to get 25 1 together, cooperate and facilitate making this happen. 2 And we'll try this out as a pilot program, and if it 3 works, we'll make it a permanent program. 4 MR. BURNISTON: Interim, yes. 5 JUDGE KELLY: Right. 6 COMMISSIONER MOSER: And then you would 7 advertise where you're going to be that weekend or -- 8 MR. BURNISTON: Sure. 9 COMMISSIONER MOSER: That would be the -- 10 MRS. GUERRIERO: When do we -- I'm sorry. 11 Can -- can we talk? 12 COMMISSIONER LETZ: Yeah. If you talk, 13 you've got to get up. 14 MRS. GUERRIERO: Okay. Okay. Well, I think 15 we have aspirations, I think is a good word, of having 16 this -- 17 JUDGE KELLY: People are kind of taking off 18 after -- 19 MRS. GUERRIERO: Yay!!! This great trailer. 20 We have a lot of things to work out with the trailer, 21 just -- just with logistics and things, and I think it 22 would be good for us to have a really comfortable 23 agreement how that's all going to work in the meantime, 24 and I didn't mean to -- I -- we had communicated a 25 little bit about having Saturday access right now just 26 1 for Kerrville Pets Alive to be able to come in and 2 assess the animals with -- without, I guess, the 3 facility being open, to do some videos and photos, and 4 trust the volunteers of Kerrville Pets Alive just to 5 have that access on Saturday. 6 For instance, on a weekend that we couldn't 7 necessarily take the trailer out for different reasons, 8 to be able to promote those animals like we currently 9 already do. We just had help with a private individual 10 that we saved an animal that was -- that the shelter 11 reached out was going to be euthanized and we saved that 12 animal already just by sending out videos and photos. 13 And I think that Saturday access for the 14 Kerrville Pets Alive volunteers, trusted volunteers, is 15 real important right now, just hands on. And then we'll 16 hopefully quickly get that -- that trailer involved. 17 JUDGE KELLY: And the catch-22 for us with 18 that is we need to have staff there if we're going to 19 open up the facility. 20 MRS. GUERRIERO: Right. 21 MR. GIVENS: Well, and I have -- 22 JUDGE KELLY: And so -- and that's what -- 23 that's what we're trying to coordinate here, to see what 24 -- what choices we have on how we might be able to 25 connect these. 27 1 MRS. GUERRIERO: Exactly. And -- and just 2 from speaking up, I was there every Saturday except for 3 a few Saturdays when it was open, and the volunteers -- 4 basically we had a person at the front desk, and Nicole 5 was there occasionally for adoptions. But mainly, it 6 was just bringing the adoptive -- schedule adopters, and 7 working with the animals, and showcasing the animals and 8 taking videos. And so -- and I understand there's 9 staffing options that I'm not completely familiar with 10 that have to -- I see it like, gosh, the volunteers did 11 a lot on Saturday. 12 We did have someone at the front desk and -- 13 and also ACO's that were out in the field. But the 14 volunteers for the most part were in -- and one kennel 15 tech -- were in the actual facility just watching over 16 us. So anyway, I'd love to see that -- that Saturday 17 hour available at least for our volunteers. 18 COMMISSIONER LETZ: I think that we cannot 19 open up the facility to volunteers. I think the 20 liability of that is too much. We can't do that. We 21 can allow, you know, possible -- and when I talked to 22 Reagan last week a little bit, you know, we have kennel 23 techs there every Saturday. If you don't have -- you 24 know, when those kennel techs are there, you can open up 25 the -- where the -- where you can walk -- 28 1 MRS. GUERRIERO: When they're there -- 2 COMMISSIONER LETZ: -- volunteers can 3 walk -- 4 MRS. GUERRIERO: -- when the kennel techs 5 are there, right. 6 COMMISSIONER LETZ: But -- 7 THE REPORTER: Excuse me, one at a time, 8 please. 9 COMMISSIONER LETZ: -- but still not access 10 into the facility. Because that requires additional 11 staff that we just don't have. And you know -- 12 JUDGE KELLY: But we're working to get all 13 this done. 14 COMMISSIONER LETZ: Right. 15 JUDGE KELLY: These -- these are baby steps. 16 COMMISSIONER BELEW: But this needs to be 17 either/or, these plans. We're -- what I'm hearing 18 sounds like -- I don't want it to start to meld 19 together. This is an either/or plan. Right now we're 20 in transition, which is different. We're getting -- 21 we're getting away from that. We have a year to do that 22 as things stand now. 23 But this -- with this trailer availability, 24 which is a good marketing tool among other things, if it 25 has proper signage on it, and as Commissioner Harris 29 1 pointed out it can go to all the four corners of the 2 County and increase awareness. 3 It -- it ought to work if it's -- if it can 4 be kept up on a steady schedule. It's important that 5 everything be consistent. That's going to be really 6 important for this trailer and for the Saturdays out. 7 You don't want a bunch of hit and miss and people can't 8 count on it and eventually they just say the heck with 9 it, I'm not going to pay attention to it. 10 So if this is going to be taken up by 11 Kerrville Pets Alive, my advice is that it be 12 consistent. And that you have -- and I'll be happy to 13 help you market it. The County, of course, would put 14 out press releases. But your signage and your Facebook 15 presence and all that stuff is going to be critical for 16 the success of this. And we need to do it as quickly as 17 possible and get the show on the road. I think it's a 18 great opportunity. 19 COMMISSIONER HARRIS: I'm excited about it. 20 I appreciate y'all stepping up. And this can be a 21 win-win for everybody. Especially the animals. 22 COMMISSIONER MOSER: I'm confused about one 23 thing, though. I understand the plan one, plan two, I 24 like plan two. But what would -- what does that have to 25 do with Saturday being open for volunteers? That sounds 30 1 like a separate subject. 2 JUDGE KELLY: Well, it's an -- it's an 3 additional issue. 4 COMMISSIONER MOSER: Yeah, so I -- that's 5 what I said, it's a different -- different issue. So 6 let me separate the variables. Just separate the issues 7 of being open on Saturday and let's just talk about 8 adoption. Because they're somewhat related but not 9 intricately related. 10 And so, you know, I'm with Commissioner 11 Belew, and I think everybody else up here at the time 12 too sounds really good. 13 MR. GIVENS: Well, we're not -- and I want 14 you guys to be aware, too, as far as Saturdays and 15 having volunteers up there, I don't have any issue 16 personally with having -- when I have a kennel tech on 17 location, if these -- if one or two of these same 18 Kerrville Pets Alive volunteers would like to come, I 19 don't have an issue with them coming to the facility, 20 getting a few dogs out for a little while. 21 COMMISSIONER MOSER: But, Reagan, let -- I'm 22 simple minded. Let me put that aside for a minute. 23 MR. GIVENS: Okay. 24 COMMISSIONER MOSER: Let's talk about 25 adoption and get that resolved. 31 1 MR. GIVENS: Saturday adoptions. 2 COMMISSIONER MOSER: And then we'll talk 3 about -- then we can talk about Saturday and -- and 4 volunteers. 5 COMMISSIONER LETZ: I think on the 6 trailer -- you're talking about the plan two, which is 7 the trailer? 8 COMMISSIONER MOSER: Right. 9 COMMISSIONER LETZ: I think the -- to me the 10 best way to go is -- and it's a little bit probably -- I 11 hate to use the word risk, or risky because there's -- 12 we're not sure exactly how that works. And I've talked 13 to Mr. Burniston some about this, as to ownership of the 14 animals. Who's responsible for it when it's in the 15 trailer, all the -- lots of other things come up and I 16 think there's some unknowns there. But I think that we 17 could probably go on a trial basis for, you know, 18 between now and the end of the year, see what we -- how 19 we need to work it. And I'm looking at Mr. Burniston to 20 maybe come up and say -- and then before we go too much 21 longer, come up with a specific agreement. 22 COMMISSIONER MOSER: Yeah. Sure. Sure. 23 COMMISSIONER LETZ: And I hope within the 24 next couple weeks we can come up with it. I mean, you 25 know, I think if we try to write an agreement right now 32 1 that's iron clad, odds are it's not going to be right. 2 So there's some things that we need to work with. I 3 think that this is not unprecedented from what we've 4 done in the past when we've let people -- Walk In the 5 Park is a program that we've had in the past where 6 volunteers took pets to the park. You know, we've done 7 things like this before. Never with such -- and this is 8 a little bit more structured and a little bit bigger. 9 But I think we let it go for a little bit, as soon as 10 they're ready to do it, and then come up with a more 11 formal agreement after a couple weekends. 12 COMMISSIONER MOSER: Yeah. Sounds good. Is 13 that a motion? 14 JUDGE KELLY: Well, I think this is a great 15 start, guys. And I think working together and trying to 16 solve these problems together is the best way to do 17 this. So I -- really, hats off to you. Thank you. 18 COMMISSIONER HARRIS: Yeah. Appreciate 19 y'all. 20 COMMISSIONER LETZ: Before I make a motion, 21 I'd like to hear from Mr. Burniston. 22 MR. BURNISTON: Yeah, we love the plan. And 23 it's just -- there's a lot of details to work out. 24 COMMISSIONER LETZ: Right. 25 MR. BURNISTON: So let's -- we can't say we 33 1 can do it next weekend. But we love that we're engaged 2 with you guys to figure out how we use this trailer, 3 periodically, like you said. It's got to be -- you 4 know, right now, we can't say we could do it every 5 weekend, can't do it every first weekend. But we would 6 like to set up an arrangement to go and meet with you 7 and talk about the details. 8 COMMISSIONER MOSER: Yeah. Good deal. 9 JUDGE KELLY: And we're excited about that. 10 Thank you. 11 COMMISSIONER LETZ: Would you prefer to have 12 the ability to do it right now, if you -- as a trial 13 basis, or would you rather wait until the first of the 14 year? 15 MR. BURNISTON: Well, as we said, we have to 16 get our liability insurance in place, that's the biggest 17 thing for us. Once we've got that then we can start 18 talking about the details. 19 JUDGE KELLY: Let me -- 20 MR. BURNISTON: The only difference I would 21 have with Reagan's proposal is us taking them for the 22 entire weekend would be difficult right now. I don't 23 think we're going to be able to get our insurance to say 24 you can have them all weekend because we're not a 25 shelter in quotes. So we may just -- we need to -- we 34 1 may need to, while the kennel tech's there, take them 2 and bring them back while the kennel tech's there. But 3 that's the kind of details that we have to work out. 4 COMMISSIONER MOSER: Okay. 5 JUDGE KELLY: Let me ask a question. What 6 would you like for us to do at this point? Authorize 7 these discussions so that we can -- you can start 8 negotiating your agreements and working out these 9 details, or to actually approve something? 10 MR. BURNISTON: I think we can't approve 11 anything yet. I would like to be open to discussions. 12 JUDGE KELLY: Okay. So to authorize Reagan 13 and Commissioner Letz, as our Liaison Commissioner, to 14 begin these discussions and sit down and work with 15 y'all, come back and report to the Court, and then we 16 hope to have something that we can approve here in the 17 next few weeks? 18 MR. BURNISTON: Yes. 19 JUDGE KELLY: Makes sense to me. 20 COMMISSIONER LETZ: Okay. 21 MR. KING: Can I ask one question here? 22 Commissioner Moser, so are we just throwing the Saturday 23 deal out the window right now? Basically you're -- 24 you're question is -- your reasonable -- 25 COMMISSIONER MOSER: Well, no, I -- what I 35 1 did -- what I asked Reagan a couple weeks ago is come up 2 with some options on how to have adoptions available on 3 Saturday, okay? So this -- so I think what they've 4 done, Steve, is come back with that and said here's the 5 way to do it, okay? At least we think it is. 6 COMMISSIONER LETZ: I think what Mr. King is 7 talking about -- 8 MR. KING: I just -- I just want you all to 9 understand, there's a lot of logistics have to go into 10 this as far as we're concerned. We are a two-week old 11 organization. And looks like we're -- 12 JUDGE KELLY: Well, don't slow down. 13 MR. KING: I don't want us looking like 14 we're getting thrown a football here, like I said. 15 Somebody just lateral the football and -- 16 JUDGE KELLY: No, we understand. 17 MR. KING: -- say hey, y'all need to run with 18 it, because we don't think we want to hold it anymore. 19 JUDGE KELLY: And that's why we're asking 20 you, what is it you want us to do right now? 21 MR. KING: Well, I mean, I'd like to hear 22 Reagan's -- I'd like to hear his -- a little bit of 23 input on why on -- he said earlier, he said, I think two 24 -- we don't have enough -- three -- I think two people 25 could manage the thing. And we're talking a hundred -- 36 1 if two people did it, we're talking $134 a weekend. Is 2 that not correct? What the numbers you just gave me, 3 $134 a weekend times four, $520 a month? Is our -- is 4 our $36 million budget that we have for the County not 5 available to come up with $534? 6 JUDGE KELLY: You mean the $2.7 million 7 deficit budget that we can't pay for? 8 MR. KING: Well, you know what, I -- I hate 9 to -- I guess -- I'm sorry, I have to live in my own 10 world. But, I mean, I just -- I think -- I don't want 11 it to look like the Commissioners' Court is just 12 basically throwing a lateral here and -- and Kerrville 13 Pets Alive is being -- I'm just -- 14 COMMISSIONER LETZ: If you'd let me -- 15 MR. KING: But I promise you, it's going to 16 take us awhile. 17 COMMISSIONER LETZ: -- let me say something, 18 Steve. Let me speak. A couple of things. One, I don't 19 think we're at the point right now we're going to 20 authorize additional staff. We're not -- I mean we're 21 not there yet, we're trying to figure out a plan that's 22 going to be a -- an agreement with Kerrville Pets Alive 23 will determine the staffing issues. I mean, we hate to 24 start doing something right now just to start doing it 25 and then change, we need to have a plan. 37 1 The issue on volunteers going up there on 2 Saturday, I think Reagan said that he does not have a 3 problem with volunteers coming in when he has his kennel 4 techs there. That gets the -- the volunteers up there 5 to walk the animals and be up there and be involved. 6 The facility would not be open at that point, but at 7 least -- I mean, starting -- and Reagan has the 8 authority to do this, I think, right now. Or you can 9 make a motion to do it to -- to do that. I mean, it's a 10 -- that's a staffing issue that I think is under his 11 jurisdiction in my mind. 12 So that's two things going on. One, 13 continuing down the road, figure out an agreement with 14 Kerrville Pets Alive, which is -- it's possible there 15 could be a part-time person that we authorize as part of 16 that. We have to see where that whole thing goes and 17 that's going to take a couple weeks, at the earliest, to 18 really finalize the contract or an agreement. 19 But in the short term, Reagan said that he 20 does not have a problem with volunteers signing up under 21 the plan and coming up and taking animals out on weekend 22 when we have kennel techs there. 23 MR. GIVENS: We'll have to watch how many 24 because -- 25 COMMISSIONER LETZ: Right. That's what I'm 38 1 saying. According to the plan, I mean, it's -- you 2 know, we can't have, you know, as we set the limit of 3 pretty much three, I think, you know -- 4 MR. GIVENS: Uh-huh. 5 COMMISSIONER LETZ: -- and we're already -- 6 kennel techs are there four hours a Saturday already, 7 so, you know, there's -- that's quite a bit of volunteer 8 time, it's just the facility won't be open. And down 9 the road we can maybe figure out where we are. 10 MR. KING: I would like to see that also 11 included to be -- let's work towards that because that's 12 an immediate -- that's something immediately we can -- 13 we can do. We can take -- take part of it. Where this 14 other pilot project has got some -- it's got some moving 15 parts involved. 16 First of all, who's going to haul the 17 trailer around every weekend with their pickup? Because 18 most of the -- most of our volunteers, you know -- we 19 can't -- we can't wear everybody out. We can't have 20 five volunteers and -- and wear them out every weekend 21 for the whole week -- you know, for a whole day. So 22 anyway, I -- I'd like to see something that's, like you 23 said with Reagan, as far as allowing, you know, to come 24 in on Saturdays if we can -- that would be an immediate 25 help to this. 39 1 COMMISSIONER LETZ: Yeah, and the trailer 2 could stay at the facility. I mean, it's -- we're 3 pretty crowded there, but it's -- you know, that's an 4 option, too. I mean, it doesn't have to be hauled all 5 the time. 6 MR. KING: Well, thank you very much. I 7 want to applaud y'all for -- 8 MRS. GUERRIERO: Yes. 9 MR. KING: -- trying to make progress on the 10 thing. 11 JUDGE KELLY: And the first thing we want to 12 do, Steve, is -- is work with y'all. 13 MR. KING: Sure. 14 JUDGE KELLY: Quit throwing rocks at each 15 other. That doesn't help anybody. And so we're excited 16 about what you've given us here is a toe hold to get it 17 started -- 18 MR. KING: Sure. 19 JUDGE KELLY: -- because this is a good -- a 20 good jump start to get something going. But I want 21 everybody to understand from my point of view, I don't 22 want piecemeal solutions. We need -- we need to really 23 thoughtfully consider the big picture of what it is we 24 need done. 25 And for those of you that don't know, I did 40 1 go last week to the animal shelter in Fredericksburg and 2 had a -- spent a wonderful afternoon with Yvonne 3 Gerhardt over there, who gave some very helpful tips on 4 how to help us structure a volunteer program 5 constructively and not -- not punitively. I could -- 6 somebody told me we were punishing the volunteers. And 7 so as we collect this information, we want to come back 8 and be able to visit with you about what we're hearing. 9 You know, the two words I took away from her 10 is she says it needs to be very organized and very 11 structured so that there's no feeling that the 12 facility's being overrun. Well, here come, you know, a 13 dozen volunteers to come in and just take over. We -- 14 we want to work with you, is what we're trying to do. 15 And so if Reagan can accommodate with the 16 kennel techs having people there on Saturdays, as long 17 as we have the capacity to do it right now, we want to 18 do it. When we talk about putting a more permanent or 19 even interim, I think Michael used the word interim, but 20 whatever we do, we want to do it carefully and we want 21 to do it with public input. That's what we're really 22 trying to do here. 23 COMMISSIONER MOSER: Well, let -- let me 24 comment on Steve's comment, too. This -- Reagan -- and 25 Reagan, thank you for doing this in two weeks, okay. 41 1 Appreciate that. So Steve and others, that we've got 2 something here that says on plan two we'll put some meat 3 on the skeleton. I think that's what we're getting 4 ready to authorize. Go put meat on the skeleton so we 5 can understand if plan two can work and what the nuances 6 are. 7 Plan one is still there. You know, if we 8 were to say this isn't going to work, plan two, let's go 9 back to plan one or some variation thereof and keep the 10 facility open on Saturday, then it's going to cost us 11 money, then what do we do. 12 So I think it's -- you know, I -- I see what 13 -- I think what I asked Reagan to do was determine 14 options. Well, he's got two options. That's not saying 15 that's the answer. There are a couple of options to put 16 meat on. 17 MR. GIVENS: Well, I mean, there's -- you 18 know, there's another one as well, but I don't think 19 that it's feasible which is -- 20 COMMISSIONER MOSER: Well don't -- forget it 21 then. Don't say it. Don't confuse. 22 JUDGE KELLY: Well, we don't need to think 23 about it out loud right now, but this is the things that 24 we want to kick these ideas and get them germinated with 25 everybody else so that we can come up with an overall 42 1 plan of how to address this problem. 2 COMMISSIONER LETZ: How about just to move 3 forward. I'll make a motion that we authorize myself 4 and Reagan to work with Kerrville Pets Alive to help 5 develop a long-term plan for handling adoptions on 6 Saturdays, and -- and authorize Reagan to allow 7 volunteers to work on -- come up on Saturdays per our 8 plan, or per our criteria, when we have kennel techs. 9 COMMISSIONER MOSER: Second. 10 MR. GIVENS: Oh, and I -- I need everybody 11 to be aware of this. This might be a little bit slow in 12 coming because I have some staffing issues. We're 13 short-staffed. We're about to be even more 14 short-staffed. And I'm not sure if I can get this 15 worked out to be Saturdays in the next couple weeks, but 16 I can try. 17 COMMISSIONER MOSER: Yeah, you didn't say a 18 time. 19 COMMISSIONER LETZ: Just try to do it. 20 JUDGE KELLY: We need to open the dialogue 21 and keep it open. That's what we need. 22 MR. GIVENS: Yes, sir. 23 JUDGE KELLY: Okay. There's been a motion 24 by Commissioner Letz, seconded by Commissioner Moser to 25 authorize Commissioner Letz as Liaison Commissioner and 43 1 Reagan Givens to coordinate with Kerrville Pets Alive on 2 a -- what did I say, a possible adoption trailer and 3 coordinate access to the facility to best facilitate 4 this. Any other discussion? Those in favor raise your 5 hand. Unanimous, five zero. 6 COMMISSIONER MOSER: And thank everybody. 7 JUDGE KELLY: You bet. 8 COMMISSIONER MOSER: Reagan and staff, and 9 Pets Alive and everybody else that's interested. 10 COMMISSIONER LETZ: It's amazing from where 11 we were about a month ago, a lot of progress has been 12 made thanks to y'all. Moving in the right direction. 13 COMMISSIONER MOSER: Right. Very good. 14 Thank you. 15 JUDGE KELLY: Okay, next item on the agenda 16 because I know she's been patiently waiting, is 1.3 17 consider, discuss and take appropriate action to alter a 18 name on the Kerr County War Memorial to add the word 19 "Billy" with a "Y" after Billie Joe Butler, and accept a 20 donation to pay for same. Ms. Mistretta. 21 MS. MISTRETTA: Good morning. So as it 22 reflects, it currently is Billie Joe Butler, but we were 23 wanting to add Billy, B-I-L-L-Y, as it is reflected on 24 his birth certificate. As far as funding is concerned, 25 I'll have Mr. Gary Noller explain that. You're better 44 1 at that than me. 2 MR. NOLLER: Well, it's -- Gary Noller, 3 140 Ray Drive, Center Point, Texas. I was here a couple 4 weeks ago and brought that up so it's on the agenda now. 5 And Billy Joe Butler was Kerr County, and was taken 6 captive in the Chinese events of 1950 about this time of 7 the year, went to prison camp, survived a few weeks, 8 died of illness and malnutrition. 9 His name was originally left off the 10 monument out here when the monument was first 11 constructed but they -- his name was added secondarily, 12 that's why his name is further down on the bottom and 13 not -- not in alphabetical order as the other names are. 14 When his remains were returned in July for 15 burial here, family and other people in the community 16 picked up interest on Billy Joe Butler and the family 17 noted the fact that the name on the monument out here is 18 B-I-L-L-I-E, which corresponds to the name that's on the 19 birth certificate, but the family or -- and Billy never 20 used that name and they're concerned that there may be 21 some confusion as to which Billy Joe Butler we're 22 referring to. 23 So we did a little bit of research work on 24 it and we talked with the family and talked with people 25 in the monument business and the name Billy, B-I-L-L-Y, 45 1 can be added after the name Billie Joe Butler, either 2 put it in parenthesis, or put it in bookmarks, or just 3 leave it as it is, to represent the fact that that was 4 the name that he and all of his family and friends knew 5 him as. 6 It's a simple process to do, they make a 7 stencil out and sandblast it in. The monument companies 8 do this all the time because they add dates to 9 monuments. If you have two people buried next to each 10 other and one person passes away first and -- and they 11 get the headstone set and they have to come back and put 12 the date in for the second person. It's $125 and they 13 usually work on a Saturday and Sunday. A vendor comes 14 in, I don't think he lives here, but a vendor comes in 15 and does work. That's set up through the local 16 cemeteries. It would be scheduled. 17 And for $125 we can get some local veterans 18 organizations that will fund that and complete that so 19 there's no cost to the County. The County basically has 20 to approve it and we'll do this, and at some point in 21 time allow access for the vendor to come out for a short 22 time to get the work done. Thank you. 23 COMMISSIONER MOSER: So there was a 24 question, Gary, on if -- if in fact that's done, how the 25 funds are transmitted to the County. Was that -- was 46 1 that a question or -- Tanya, or County Attorney? 2 JUDGE KELLY: I think we just accept the 3 donation. 4 COMMISSIONER MOSER: Accept the donation, 5 Okay. 6 JUDGE KELLY: Yeah. Very matter of fact. 7 COMMISSIONER MOSER: Very good. Okay. 8 JUDGE KELLY: So I'll make a motion. I'll 9 help you get the show on the road. I'll make a motion 10 that we add the name Billy, B-I-L-L-Y, to the Kerr 11 County War Memorial and accept the donation to pay for 12 same. Thank you very much for bringing it to us. Is 13 there a second? 14 COMMISSIONER HARRIS: Second. 15 JUDGE KELLY: Okay. I made the motion, 16 seconded by Commissioner Harris. Those in favor raise 17 your hand. Five zero, unanimous. Thank you, Marty. 18 MS. MISTRETTA: Thank you. 19 COMMISSIONER MOSER: Thank you, Marty and 20 Gary. 21 JUDGE KELLY: Okay. We're trying to get 22 caught up. Sorry for talking fast. 23 I've got some timed items here, I'm going to 24 skip over the 9:15 which was mine. We can come back to 25 that later and handle that in time. 47 1 Let's go ahead and take the 9:30 item for 2 the Kerr County Investment Policy, Tracy Soldan. 1.7 3 consider, discuss and take appropriate action to approve 4 the revisions to the Kerr County Investment Policy. 5 MS. SOLDAN: Yes, sir. I'm bringing the 6 investment policy back before you guys to add how we can 7 invest money from the Schreiner Road Funds. The Trust 8 was dissolved with Security State Bank, and because that 9 principal can't ever be spent according to the original 10 trust, I would like to add to our investment policy for 11 those specific funds only to be able to go out longer 12 than one year for investments to earn a higher interest 13 rate and get funds to use for the roads that that trust 14 specified originally. 15 JUDGE KELLY: And for those that don't know, 16 and I serve on the investment committee, that's how I 17 know this is because she educated me last week on all 18 this. At the turn of the 20th century, the Schreiner's 19 donated $175,000 for a special road fund, called the 20 Schreiner Road Fund. And that $175,000 was for roads in 21 Precinct 4, where their ranch was, and Precinct 1, where 22 they lived. And it's limited to Precincts 4 and 1. And 23 we were losing money on it, if you recall, we had to go 24 ahead and close the account, and so now what we've got 25 is $175,000 that we need to invest that we can never 48 1 invade the principal of, but it makes better sense to 2 put it out -- I mean, the yield curve is flat. If you 3 go look at the yield curve right now, you're going to 4 see it's about one and a half. Pretty flat for a 30-day 5 and for one year. So if we put it out for longer we can 6 get a better return. 7 COMMISSIONER BELEW: Which gets eaten up in 8 the -- 9 JUDGE KELLY: I think we've spent it down -- 10 huh? 11 COMMISSIONER BELEW: It gets eaten up. 12 JUDGE KELLY: Yeah, we spent it down to 13 about 10,000. 14 MS. SOLDAN: It's about $165,000. 15 JUDGE KELLY: It's about 165 because we 16 spent it down trying to pay the expenses to maintain the 17 banking account and so this gives us a better chance to 18 catch it back up and be able to maintain it and actually 19 start building a return. So I think it's a great idea. 20 COMMISSIONER BELEW: I move for approval. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Belew, seconded by Commissioner Harris to 24 approve the revisions to the Kerr County Investment 25 Policy regarding the Schreiner Road Funds. Any other 49 1 discussion? Those in favor raise your hand. Unanimous, 2 four zero. Let the record reflect that Commissioner 3 Moser temporarily stepped out. 4 Let's go back and catch 1.5. Is Jake here? 5 Okay. I don't have a word about Jake. Well, let's come 6 back to those. 7 Then we'll go over here -- 8 COMMISSIONER BELEW: One more with Tracy. 9 JUDGE KELLY: Yeah, let's do 1.8, it's 10 another 9:30 with Tracy, the Kerr County Incentive 11 Program. 12 MS. SOLDAN: I brought -- 13 JUDGE KELLY: And introduce our TAC 14 representative. 15 MS. SOLDAN: Yes, Mark Zollitsch, I don't 16 know how to say his last name, our Healthy County 17 representative from TAC. He's going to explain the 18 rewards system but this item on the agenda is to request 19 the extra paid day off as part of the County incentive 20 again for 2020. 21 JUDGE KELLY: And this -- this was the 22 program you plugged at the Christmas party on Friday, 23 right? 24 MS. SOLDAN: It is, yes. 25 JUDGE KELLY: Yeah, okay. 50 1 MS. SOLDAN: So if employees participate and 2 complete three of the four challenges, which I'm 3 assuming is going to be the same as next year, and get 4 their wellness exam and submit proof to that to HR, then 5 we would like an extra paid day off for the employees. 6 And Mark is here to explain more about that and the 7 rewards program. 8 MR. ZOLLITSCH: I'll just explain two things 9 and then be open to any questions you may have. So the 10 whole thing is set up. Initially, unfortunately, I was 11 unable to attend court back last summer when this was 12 initially introduced and approved. My coworker Ashley 13 came and sat. 14 But the whole basis for doing this in the 15 first point is to try to ultimately control long-term 16 health care costs, right, because we know they keep 17 going up. And fortunately TAC is able to keep it lower 18 than, you know, private sector and state averages, but 19 nevertheless, typically, over -- over a period of ten 20 years they will continue to climb and go up. 21 And so -- so implementing a wellness 22 intended program is something that probably 85 percent 23 of companies, businesses, corporations nationally do. 24 As noted in the first slide, the average last year was 25 almost $800 per employee per year. In terms of the 51 1 incentives we are nowhere near that. We can certainly 2 revise the incentive in the future, but since we just 3 went like with a half year program initially, I would 4 highly recommend that we keep it the same for this next 5 year, let it play out for a full calendar year, and then 6 consider the possibility of revising it slightly next 7 year or continue to keep it the same depending on what 8 the numbers look like. 9 I did have a few numbers to report. They're 10 not complete because we're not at the end of the 11 calendar year yet. But as of the end of November, we 12 had -- 124 employees had received an annual physical, we 13 have 72 active Sonic Boom accounts, 58 employees had 14 participated in at least one of the fitness challenges, 15 30 employees had completed three contests, which would 16 earn them the half of the day off. You also have a 17 number of participants in the Naturally Slim Program, 18 and this compares positively to the previous year when 19 there was no incentive in place when you only had 49 20 accounts active with our previous vendor, Provant, but 21 that was our physical activity and wearable device 22 program the previous year. So things are improving. We 23 would like to see them continue to improve. 24 And from the TAC perspective, I would simply 25 recommend that we -- doing the -- the incentive program 52 1 and keep going as-is for now, but continue to look at it 2 closely for updates in the future. Do y'all have any 3 questions? 4 COMMISSIONER BELEW: What's the Sonic Boom 5 Account? 6 MR. ZOLLITSCH: Okay. Well, Sonic Boom, 7 that is our wearable fitness program -- 8 COMMISSIONER BELEW: That's that thing you 9 put on? 10 MR. ZOLLITSCH: -- where we offer the four 11 fitness challenges you can get -- and we offer a $30 12 subsidy for every employee to get a device. There are 13 four devices, two Fitbits and two Garmin devices that 14 are available right at the $30 subsidy, or employees can 15 choose to upgrade and pay the difference if it's over 16 the subsidy. And that's available for them every three 17 years, they connect it to our Healthy County/Sonic Boom 18 platform where we do the fitness challenges and their 19 steps accrue in there. 20 And actually as of 2020, so starting in 21 January, employees will be able to earn or complete the 22 challenges with minutes, not just with steps. So that's 23 good news for any employees who like to swim, strength 24 train, use the elliptical, things that don't actually 25 have physical steps, they'll still be able to 53 1 participate and show that with other activities besides 2 walking or running. 3 COMMISSIONER BELEW: That starts after the 4 first of the year? 5 MR. ZOLLITSCH: Yeah. The first challenge, 6 I believe, starts January 13th. But we run it four 7 fitness challenges per year. I think this year we're 8 going to do a bonus challenge at some point. We haven't 9 determined the date yet. And -- and the reason we -- we 10 chose these two activities is the annual physical, we 11 know we're going to catch things early, which is going 12 to save money, right? 13 Statistics, a couple years old, but within 14 the TAC healthcare pool as a whole with almost 50,000 15 employees, employees who get an annual physical cost 22 16 percent less than employees who did not, which is a 17 pretty big differential. You know, we can't -- you 18 know, absolutely cause and affect, it's more of a 19 cumulative thing, over three to five years, you get more 20 employees doing the annual physicals, you are going to 21 catch things earlier, you are going to make them more 22 aware of their numbers, working with their doctor or 23 working with a Blue Cross coach on getting their numbers 24 under tighter control. 25 Ultimately all that is going to help reduce 54 1 risk and control claims. And the fitness part of it, 2 where it comes to all the lifestyle stuff, if it's -- 3 you know, one thing a person could do to improve their 4 overall mental and physical health, moving their body 5 every day is where it's at. Which I should point out is 6 not a new scientific invention, it's a historical thing 7 that people have done for thousands of years but now 8 we've got planes, trains and automobiles, right? So -- 9 COMMISSIONER BELEW: Is the time -- like 10 swimming, weight lifting, that kind of stuff, is that -- 11 is there a way to measure that? Is that the honor 12 system, is it a logbook? How will they track that? 13 MR. ZOLLITSCH: No, no. It is -- it is 14 logged by the device -- 15 COMMISSIONER BELEW: Oh, you have a device 16 on you for that. 17 MR. ZOLLITSCH: -- itself, yeah. 18 COMMISSIONER BELEW: Okay. 19 MR. ZOLLITSCH: But most of the devices that 20 we offer log steps or minutes or both. But in the past 21 -- yeah, in the past that hasn't translated through to 22 show up on the Sonic Boom platform. But it is going to 23 start doing that starting January. 24 COMMISSIONER BELEW: So if we do this for a 25 year, we're all going to end up looking like you? 55 1 MR. ZOLLITSCH: No promises. 2 COMMISSIONER MOSER: There needs to be the 3 part about hair. 4 COMMISSIONER LETZ: Great program. And the 5 other thing, this helps pay for the Christmas party. 6 MR. ZOLLITSCH: Oh yeah. That's a good 7 point. I should point out on that -- where is that? 8 Yeah, right. On page three, so our employer rewards 9 program, which changed this past year. Counties now can 10 earn money back from -- and this is apart from the 11 annual surplus distribution, but from the health and 12 county program, counties can earn money back three 13 different ways. Through the number of employees that 14 complete three of the four fitness challenges. 15 Two, by having a County specific incentive 16 in place like this. And you'll actually earn 30 percent 17 of the -- or 33 percent of the total profits available 18 to you by having this -- this incentive in place. And 19 then finally by hosting trainings, wellness-related 20 trainings, which Tracy has brought me here and I 21 recognize a number of faces because y'all have attended 22 the trainings, and you earn additional money from that. 23 So keeping the incentive in place and doing 24 the training is what we do a minimum of like $3,900 that 25 y'all will get back for use in additional wellness 56 1 activities, Christmas parties, additional incentives, 2 lunches for Lunch and Learns, however y'all decide to 3 use it. 4 JUDGE KELLY: Well, I hate to be the boring 5 economist here, but TAC is an insurance company and they 6 do underwrite losses, and a health county makes our 7 whole medical health program a lot more affordable. So, 8 I mean, it's a win-win for everybody. I can't see any 9 reason that -- I would be in favor of this. 10 COMMISSIONER HARRIS: I move for approval. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Harris, seconded by Commissioner Belew to 14 approve renewing the Kerr County Incentive Program as 15 part of the Texas Association of Counties Healthy County 16 Rewards program. Any other discussion? Those in favor 17 raise your hand. Unanimous, five zero. 18 Okay. It is -- 19 COMMISSIONER MOSER: Thank you. 20 MR. ZOLLITSCH: Thank you. 21 THE REPORTER: Excuse me, what is your name? 22 MR. ZOLLITSCH: Mark Zollitsch. 23 THE REPORTER: Spell your last name. 24 MR. ZOLLITSCH: Z-O-L-L-I-T-S-C-H. 25 THE REPORTER: Thank you. 57 1 JUDGE KELLY: Good Irish name. 2 Okay. We're going to take a break right 3 now. I know we've got a Second Amendment Resolution 4 coming up at ten o'clock. That will be the first thing 5 we do when we come back. And then I think we've got a 6 whole series of things with our County engineer. So 7 that -- we'll try to pick up when we come back. 8 Jake, we passed over yours but we're going 9 to come back and pick all that up after the break. 10 Let's come back at five after 10:00. 11 (Break.) 12 JUDGE KELLY: The Court will come back to 13 order. We'll come back to order. We're going to take 14 the timed item at ten o'clock, item 1.13 consider, 15 discuss and take appropriate action on the request to 16 approve the Resolution Declaring Kerr County to be a 17 Second Amendment Sanctuary County. Jeff Mitchell. 18 Welcome, Mr. Mitchell. 19 MR. MITCHELL: Good morning. This is a 20 Resolution I've copied directly from another County 21 that's recently passed it. It was Wood County. They 22 were number 16, and there's been two more since, so 23 there's 18 counties now in Texas that have passed this 24 Resolution. I'd like to read it to y'all. 25 Resolution declaring Kerr County to be a 58 1 Second Amendment Sanctuary County. 2 Whereas, it is the desire of the Kerr County 3 Commissioners to declare its support of the Second 4 Amendment to the United States Constitution and the 5 Texas Constitution protecting citizens' inalienable and 6 individual rights to keep and bear arms; and 7 Whereas, the members of the Kerr County 8 Commissioners' Court took an oath to support and defend 9 the United States Constitution, the Constitution of the 10 State of Texas, and the laws of the State of Texas, 11 insofar as they are constitutional. 12 Now, therefore, be it resolved by the 13 Commissioners' Court of the County of Kerr, by the 14 authority granted to the Commissioners Court by the laws 15 of the State of Texas, and people of Kerr County, Texas, 16 to stand and defend their rights and liberties which are 17 guaranteed by the United States and Texas Constitutions, 18 we hereby declare this resolution as follows: 19 Second Amendment Preservation Resolution 20 designating Kerr County a Second Amendment Sanctuary 21 County. 22 Be it further resolved that this 23 Commissioners' Court affirms its support for the duly 24 elected Sheriff of Kerr County, Texas, in the exercise 25 of his sound discretion, and affirms its resolve to 59 1 support decisions by our Sheriff to not enforce any 2 unconstitutional firearm's restrictions against any 3 citizen. 4 Be it further resolved that this 5 Commissioners' Court will not authorize or appropriate 6 government funds, resources, employees, agencies, 7 contractors, buildings, detention centers or offices for 8 the purpose of enforcing law that unconstitutionally 9 infringes on the right of the people to keep and bear 10 arms. 11 Presented and approved by the Kerr County 12 Commissioners. 13 That's it. 14 JUDGE KELLY: Okay. 15 COMMISSIONER HARRIS: I will tell you that 16 I've probably been following this pretty regularly, and 17 probably about two months ago, I got one from another 18 County and showed it to Sheriff -- the Sheriff. And him 19 and I have been talking about it and -- but we're both 20 big Second Amendment people. So I'd like to hear from 21 Rusty, and get his -- the Sheriff, and get his input -- 22 output on this -- or input on this, I'm sorry. 23 COMMISSIONER LETZ: Or output. 24 COMMISSIONER HARRIS: Yeah, it's both, isn't 25 it. 60 1 JUDGE KELLY: There's always output. 2 COMMISSIONER MOSER: But very quickly. Very 3 quickly. 4 SHERIFF HIERHOLZER: This does go back a 5 long ways, okay. This all came up, even under the 6 former president's deal, and I ended up having to give a 7 speech about it back in 2013, about the Second 8 Amendment. I don't think there's anybody -- couldn't be 9 anybody stronger in this room than I am on our 10 protection of our Second Amendment rights. But I'm also 11 extremely strong on my oath of office. And Texas is 12 different than any other state that I found in our oath 13 of office. Our oath reads different. And we swear to 14 something different than any other state. Let me give 15 you an example. 16 I printed out one just to pull one up. It 17 said Arizona. Arizona says, I do solemnly swear or 18 affirm that I will support the Constitution of the 19 United States, period, and the Constitution and laws of 20 the State of Arizona. Okay. So what they're swearing 21 to and what every elected official in the State of 22 Arizona swears to is supporting the U.S. Constitution, 23 but only the laws of the State of Arizona. 24 Now, let me read you my oath of office which 25 is the same as yours and every other elected official in 61 1 the State of Texas. I've got it right here. 2 I, W. R. Hierholzer, do solemnly swear or 3 affirm that I will faithfully execute the duties of the 4 office of Kerr County Sheriff of the State of Texas, and 5 will to the best of my ability preserve, protect, and 6 defend the Constitution and laws of the United States, 7 and of this state, so help me God. 8 The big difference -- you know, it's one 9 word, but we're swearing to uphold the laws of the 10 United States, okay, and the courts are the ones who 11 decide what is and isn't constitutional and that. 12 Let me give you an idea. And I wrote this 13 and I'm going to go ahead and read it since there are 14 several people here. I wrote this back in 2013 and it's 15 about my oath. And it says I under -- and this is a 16 speech I gave, so the wording is a little bit different, 17 but I want to read you what I wrote. 18 Some things are different in this. Since I 19 wrote this, I lost my dad due to the illness that I 20 mention in here, but I think that it's very important to 21 this. 22 Says, I understand that you all are here out 23 of great certain concern of what our Federal Government 24 is going to do with our Second Amendment right that 25 states, and I quote: A well-regulated militia, being 62 1 necessary to the security of a free state, the right of 2 the people to keep and bear arms shall not be infringed. 3 I believe you're also here to ask me if I'm 4 going to uphold my oath of office. To this I ask you, 5 how many of you actually know what my oath of office 6 reads verbatim? And it reads what I just read to you. 7 The answer of that is I do and I will always uphold my 8 oath of office. 9 When some people, or as I put it in here, 10 talking heads of the media, asked me this question, I 11 sometimes feel that it's an insult to me and my family. 12 You see, my family's been taking this oath or one 13 similar to it for over 60 years. It started with my 14 father, who as we speak, at this time, was lying in a 15 hospital bed at Sid Peterson Hospital at the age of 81 16 in failing health. He took the oath of office when he 17 enlisted in the Navy and fought in the Korean War. And 18 then, after his military service, he took the oath of 19 office for the next 30 years when he entered into the 20 service of the Texas Department of Public Safety as a 21 Trooper and was the first narcotics agent ever to serve 22 in Kerr County. 23 I started taking this oath of office, now 24 it's been 39 years ago in 1980, when I started my career 25 as a Deputy Sheriff for Kerr County. And now as 63 1 Sheriff, starting my now -- or in my now 5th term. My 2 son took a similar oath when he first entered the 3 service of the United States Air Force and then sent to 4 Afghanistan and ever since then when he decided to make 5 the Air Force his career. So, please look at my past 6 and my family's past before you insult me by asking if 7 I'm going to uphold my oath of office or if I'm a 8 constitutional carrier. 9 Now let's look a little bit closer at what 10 my oath says. I will faithfully execute the duties of 11 the office of Sheriff. Well, Article 2.17 of the Texas 12 Code of Criminal Procedure states in part, each Sheriff 13 shall be the conservator of the peace in this County. 14 It also states that he shall quell and suppress all 15 assaults and batteries affrays, insurrections and 16 unlawful assembly. 17 Now, I will not be part of any group nor 18 will I give in to a lot of the talking heads that 19 attempt to stir up or entice violence in language or 20 deed. I will not play the what-if game or anything else 21 of that nature. You see, that type of behavior would be 22 a violation of my oath of office. 23 My oath states that I will, to the best of 24 my ability, preserve, protect and defend the 25 Constitution of the United States. This, of course, 64 1 includes the Second Amendment. Now, this amendment does 2 not state what kind of arms or how many bullets those 3 arms can shoot. You see, we've already put limits on 4 that at times, and even who can possess them, such as 5 felons cannot possess firearms in places during certain 6 times. This is all up to the courts to decide. 7 See, we all have the right to use the courts 8 to decide these differences without using violence, just 9 as former Sheriff Richard Mack and other sheriffs did in 10 regards to the Brady Act. If you have not read that 11 Supreme Court case, I encourage you to do so. 12 One thing that came out of that case was 13 that the Federal Government cannot force state or local 14 officers to enforce Federal regulations. It's not quite 15 clear on whether or not we have to enforce Federal laws. 16 You see, another part of my oath states that I shall, to 17 the best of my ability, preserve, protect and defend the 18 laws of the United States. 19 Now this part of my oath has always been a 20 little strange to me because not even the presidential 21 oath states that he will defend the laws of the United 22 States. But we that are elected in Texas do. That he 23 will defend the Constitution of the United States. This 24 part of my oath also makes my oath a little tricky 25 because a lot of Sheriffs, including myself, feel that 65 1 the Federal Government will not let us enforce 2 immigration law, so why should we enforce any other 3 Federal laws? I'm hoping now that it's been brought to 4 the forefront maybe our State legislature and Courts 5 will begin to answer this question. 6 You see, in one place of the aforementioned 7 case it states, and I quote, even where congress has the 8 authority under the Constitution to pass laws requiring 9 or prohibiting certain acts, necessary and proper cause 10 does not grant congress power directly to compel states 11 to require or prohibit those acts. 12 A lot of the aforementioned case also 13 discusses the issue that petitioners were objecting to 14 back then, and that was being pressed into Federal 15 service and they contended that congressional action 16 compelling state officers to execute Federal laws is 17 unconstitutional. I do know that at least some of the 18 other states do not have this wording in their oaths. 19 I'm not an attorney nor will I ever been 20 one. I do believe that this word "laws" when talking 21 about our Federal law needs to be removed from the oath 22 given to officers in this state. If it does not have to 23 be in the presidential oath, then why does it have to be 24 in the oath of officers of this state have to swear to. 25 I make this point because it also states in 66 1 the aforementioned case there's not a clause, sentence, 2 or paragraph in the entire text of the Constitution of 3 the United States that supports the proposition that 4 local police can ignore a command contained in a statute 5 enacted by Congress pursuant to an expressed delegation 6 of power enumerated in Article I. 7 Now, don't forget, all of this is just in 8 regards to whether or not I should enforce Federal laws. 9 It does not state and nothing in this case states that I 10 have the power to keep Federal Officers from enforcing 11 Federal laws inside this County, as a lot of people seem 12 to want me to do. 13 In fact, we need to look at the rest of my 14 oath. That I will, to best of my ability, protect and 15 defend -- preserve, protect and defend the Constitution. 16 Now, first in our Bill of Rights part of our State 17 Constitution, Section 23 states, every citizen shall 18 have the right to keep and bear arms in the lawful 19 defense of himself or state, but the legislature shall 20 have the power by law to regulate the wearing of arms 21 with the view to prevent crime. That's our state 22 legislature has that power. 23 Also, in all the years that I've been in 24 service to this County, I have seen our state expand the 25 laws in regards to firearms, not weaken them. There is 67 1 no doubt in my mind that our Governor and Attorney 2 General, with the support of Texas Sheriffs and our 3 citizens, will follow any necessary court action to 4 ensure that our State Constitution and our Second 5 Amendment rights of the United States are not infringed 6 upon. 7 The rest of my oath states that I will, to 8 the best of my ability, preserve, protect and defend the 9 laws of this State. In doing this part of my oath, I 10 have to look at the Texas Code of Criminal Procedure, 11 Article 2.122, entitled special investigators. This 12 section states that the follow investigators of the 13 United States shall not be deemed peace officers, but 14 shall have the powers of arrest, search and seizure 15 under the laws of this State as to felony offenses only. 16 Special agents of the FBI, special agents of the Secret 17 Service, special agents of the United States Immigration 18 Customs Enforcement, special agents of the Alcohol, 19 Tobacco, Firearms and Explosives, special agents of the 20 DEA, special investigators of the United States Postal 21 Service, criminal investigators of the Internal Revenue 22 Service, civilian special agents of the United States 23 Naval Intelligence service or investigative service, 24 Marshals and Deputy Marshals of the United States 25 Marshals Service, special agents of the United States 68 1 Department of State Bureau of Diplomatic Security, 2 special agents of the Treasury, Inspector General for 3 tax administration, and special agents of the Office of 4 Inspector General and the State Social Security 5 Administration. 6 In closing, I stress to you that I, and I 7 strongly believe every officer in this room that we were 8 talking to when I gave this speech, and in Kerr County 9 will uphold our oath of office. In fact, when I appoint 10 a new deputy to serve this County, they are given a copy 11 of the Constitution. This year I will personally, as 12 the law allows, swear in my own deputies. 13 Ladies and gentleman, I've had the privilege 14 in my career to visit with officers from other countries 15 to learn how their criminal justice system works. I 16 spent 26 weeks at the FBI Academy in Quantico and 17 listening to people in 13 different countries how their 18 laws work. And I'm here to tell you that we have the 19 best form of government and laws due to our Constitution 20 and our procedures that have to be gone through to 21 change it. I'm very proud to be a part of that system, 22 and you should be too. Don't let the talking heads and 23 the fear mongers change or get us all riled up. 24 To give you an example and something you 25 will not hear those kind of people talk about because 69 1 they cannot get you stirred up as easy, is that to 2 change an amendment to the Constitution as spelled out 3 in Article 5 of the Constitution, states that any 4 changes must first pass both houses of Congress by 5 two-thirds. And then they must be ratified by the 6 legislature of three-fourths of the States or by 7 conventions of three-fourths. Now, do you think either 8 one of our Federal houses, Congress or Senate or house 9 could pass by two-thirds to take away our Second 10 Amendment? And then, if they did do that, do you think 11 three-fourths of the states in this country would do it? 12 To change our State Constitution, it must be 13 voted on by the voters of this state. Where you and I 14 can make a difference is at the ballot box. We must do 15 a better job of putting true believers in the 16 Constitution and God in office. This we cannot do 17 unless we get more involved peaceably expressing ours, 18 we the people, feelings to our local and federal 19 government. This must be done on a daily basis, not 20 just during elections. 21 Sometimes when I'm at this, local 22 Commissioners' Court, sometimes during this meeting 23 there may not be but one or two people in the audience, 24 and they might be other courthouse employees. We must 25 learn more about the people we put in office prior to 70 1 putting them there. If you vote for someone just based 2 off of what you hear, or heard him say during the 3 campaign then you're negligent in your duties. We all 4 know that not all politicians tell the truth during the 5 campaign, but they will tell you what they think you 6 want to hear to get your vote. 7 So I ask you to get more involved, not just 8 during times of crisis or elections, and stay involved, 9 but do it peaceably with your voice and with the pen at 10 the ballot box. Other than that, keep our guns for what 11 they're meant for, the defense of our homes and family 12 and God bless everybody. 13 That was a speech I gave back then and I'm 14 1000 percent for it now. And the thing is, this Court, 15 as I told y'all in a letter, that if you pass this, or 16 if you do it, it's a symbolic gesture. Number one, it's 17 inaccurate because the oath is inaccurate on what he's 18 stated. It doesn't talk about the laws of the United 19 States that our oath does. 20 But number two, this Court has zero ability 21 to tell any duly elected Sheriff, and y'all all know I'm 22 in my last year, you have zero ability to tell any 23 Sheriff what -- how he is to do his job. You can 24 control him or control some things by the budget, but 25 you cannot control how he does that job and how he 71 1 fulfills his duty. 2 And I, for one, am not of the belief that I 3 can pick and choose what laws to enforce. I have to 4 enforce the laws that are on the books, and if we don't 5 want them on the books then we need to get our 6 legislatures to change them. And the way -- or get the 7 Courts to rule them unconstitutional. And the way we do 8 that is by the people we put in offices to do that can 9 make those things happen. 10 So if you want to sign this Resolution, it 11 needs to go to our State Legislature and it needs to go 12 to the Federal Government. My opinion, coming to you is 13 symbolic and has no affect and is a useless piece of 14 paper. Thank you. 15 COMMISSIONER MOSER: So what -- so bottom 16 line, Rusty, is you don't think it's redundant, number 17 one -- it's a real simple yes or no. It's redundant, we 18 don't need it. 19 And number two is, if it were, it just says 20 Commissioners' Court to support decisions of the 21 Sheriff. It doesn't say -- I don't want -- I think you 22 have already stated your position, I got it all. 23 SHERIFF HIERHOLZER: Right. 24 COMMISSIONER MOSER: Just the simple thing 25 is you think it's redundant if we -- 72 1 SHERIFF HIERHOLZER: But it's also 2 inaccurate. 3 COMMISSIONER MOSER: Okay. But -- 4 SHERIFF HIERHOLZER: This Resolution that 5 you have before you -- 6 COMMISSIONER MOSER: I know, but would you 7 just answer my -- you think it would be redundant, if 8 corrected? 9 SHERIFF HIERHOLZER: Yeah. It's a feel good 10 statement that means nothing more than my toilet paper 11 when I'm going to the bathroom. 12 COMMISSIONER MOSER: So you're saying it's 13 redundant. 14 SHERIFF HIERHOLZER: Right. 15 COMMISSIONER MOSER: Okay, thank you. 16 COMMISSIONER BELEW: Well, all our 17 resolutions are exactly as he expressed, so there's not 18 a reason not to do it, other than I don't particularly 19 care for the wording. I told Jeff that during the 20 break. There's some wording, like Rusty, that I have a 21 little issue with. If it's going to be done, it needs 22 to be stated correctly, factually. It's not any 23 different than us having a Resolution to say it's 24 prevent child diabetes month or whatever it may be. 25 That's how much impact it has, you know. That by 73 1 putting your hand in a bucket of water, you pull it out, 2 you ain't going to make a hole in it. So you might as 3 well accept it for that. And I -- I am for having the 4 Resolution but not in the -- the one you're presenting. 5 My proposal would be to bring it back, and then we can 6 do it later. That's my position. Because I think that 7 all Resolutions are the same. 8 COMMISSIONER HARRIS: I agree. I think how 9 fortunate are we to live in Kerr County. I think 10 everybody this room probably believes in the Second 11 Amendment and upholds it. I mean, I bought five life 12 memberships in NRA. My grandson got his when he was 13 three years old. So we're pretty strong here. 14 But again, Rusty and I have been talking 15 about this for awhile and it's gotta pass his test. 16 Again, it's a symbolic type deal. If we were to do it, 17 we need to tweak the wording a little bit. I'm for 18 anything that deals with the Second Amendment. 19 COMMISSIONER LETZ: And I agree with pretty 20 much what y'all are saying. I think the wording is odd. 21 I don't personally like the terminology Sanctuary 22 County. I don't know what Sanctuary County means. I 23 support the Second Amendment and I might do a Resolution 24 saying that, but the oath needs to be accurate. 25 Sanctuary County, I don't know what that 74 1 means. I would like to -- I mean, to me that can be 2 turned off. To me it's just -- the title should just be 3 Resolution Declaring Kerr County Commissioners' Court 4 supports the Second Amendment. I mean, that's what -- 5 that's what it is. And very clear, precise, simple, and 6 then I'd vote for it in a second. 7 MR. MITCHELL: Okay. Well, I copied it 8 straight from another county that had just enacted -- 9 COMMISSIONER HARRIS: And there's several 10 out there that we can look at and get ideas from or 11 whatever. 12 COMMISSIONER BELEW: What we're saying is 13 that you don't really have any resistance from this 14 Court. We all probably agree, 90 percent of Kerr 15 County, in the Second Amendment right to bear arms. And 16 the Resolution is not going to mean a whole heck of a 17 lot other than that we're with you, and that's it. 18 MR. MITCHELL: All right. 19 COMMISSIONER BELEW: But if you can reword 20 it, bring it back. 21 MR. MITCHELL: Okay. Thank you. 22 JUDGE KELLY: Okay. The next series of 23 items that we have on the agenda are timed items 24 beginning at 10 o'clock. We've got, I think, four of 25 them in a row. One's at 10:05 which we're certainly 75 1 passed for it. 2 So let's start with item 1.14 consider, 3 discuss and take appropriate action to authorize the 4 County Judge to execute construction contract for 5 re-roofing Hangar C and Hangar D at the Kerrville-Kerr 6 County Airport due to damage from the May 2019 hail 7 storm. Charlie Hastings. 8 MR. HASTINGS: Thank you. In May of 2019, 9 this year, a hail storm caused damage to Hangar C and D, 10 as depicted in a report dated July 15th, 2019, prepared 11 by AS&G Catastrophe for the Texas Association of 12 Counties Risk Management Pool. That's how we get our 13 buildings insured. It was recommended in the report to 14 have the R-panel metal roofs on Hangars C and D 15 replaced, and quotes for each building are listed there 16 in your packet. The lowest qualified bidder that 17 provide quotes was Feller Fabrication for Hangar C, 18 $22,500.00, and for Hangar D, $22,500. 19 So County Engineer recommends that the Court 20 authorize the County Judge to execute a contract with 21 Feller Fabrication, LLC in the amount of $22,500.00 for 22 re-roofing Hangar C, and a separate contract with Feller 23 Fabrication, LLC in the amount of $22,500.00 for 24 re-roofing Hangar D. This is Precinct 2. 25 COMMISSIONER MOSER: Charlie, question. A 76 1 hundred percent difference in the estimates on some of 2 these from one company to the other. 3 MR. HASTINGS: Yes. 4 COMMISSIONER MOSER: It's apples and apples, 5 though, as far as the material and warranty and 6 everything like that? 7 MR. HASTINGS: Yes. Yes. 8 COMMISSIONER MOSER: Okay. Okay. 9 COMMISSIONER LETZ: There's a -- I've spent 10 a lot of time last week on these and have talked with 11 County Attorney and the County Auditor. Sometimes I 12 like to hear from both County Attorney and County 13 Auditor. The question is, should these all be put out 14 for competitive bid for a number of different reasons. 15 COMMISSIONER BELEW: Well, the price -- 16 okay, so let me ask a question. The price -- 17 COMMISSIONER LETZ: When -- it can be 18 considered one project. It was one event that caused 19 all the damage. So that's -- and I'm not -- there's 20 different ways to look at it. You can -- I can argue to 21 split them, and I could argue to combine them. 22 COMMISSIONER BELEW: Well, we've already had 23 some of the work done on this building, for example, 24 with the hail damage. 25 COMMISSIONER LETZ: That's a different hail 77 1 storm. 2 COMMISSIONER BELEW: It was? 3 COMMISSIONER MOSER: Yeah. 4 COMMISSIONER BELEW: Okay. So which hail 5 storm was this? Was this the one that also -- 6 COMMISSIONER MOSER: This was couple months 7 ago. 8 COMMISSIONER LETZ: Couple months. 9 COMMISSIONER BELEW: Oh, just a couple 10 months ago? 11 COMMISSIONER LETZ: This year. This is not 12 the previous -- this is this year's hail storm; not last 13 years. 14 COMMISSIONER BELEW: Okay. This year's. 15 All right. 16 COMMISSIONER LETZ: So the question is, is 17 it one project that resolves the damage at one time. It 18 can be argued both ways. I'll be left to argue and part 19 of that discussion to the County Attorney and the County 20 Auditor. And the other thing is the bids -- the 21 adjustor's amounts were over 50,000 for each of those 22 roofs, though the estimate that Charlie got are less. 23 But the estimate from the insurance -- or what we have 24 received from the insurance company already exceeds 25 50,000 per roof. 54,000, I believe, for each roof. 78 1 And then, Judge, you might even call the 2 next item as well because it comes to the same 3 discussion. 4 JUDGE KELLY: Okay, let's go ahead and call 5 1.15 also. Consider, discuss and take appropriate 6 action to authorize the County Judge to execute 7 construction contract for re-roofing of the Airport 8 Terminal from the May 2019 hail storm. 9 COMMISSIONER LETZ: Charlie, why don't you 10 read the background on this to bring people up to speed? 11 MR. HASTINGS: Same song. In May, 2019, a 12 hail storm caused damage to the airport terminal, as 13 depicted in that same report that I read before. Did 14 get quotes from three separate contractors and the 15 lowest qualified bidder to re-roof the terminal, and 16 that's a different type of roof than the hangars. The 17 hangars are both R-Panel, the terminal is a standing 18 seam roof, was $50,000.00. Even. But that was from 19 Cypress Roofing. 20 COMMISSIONER LETZ: And the issue on this 21 one is, in summary, that Cypress Roofing under this same 22 hail storm already did another job at the airport. If 23 you combine it as the -- I'll let the Auditor explain 24 that part of it. But the question was, this already 25 will exceed the 50. I asked the City Manager just out 79 1 of curiosity, I was in another meeting, I said if we got 2 a bid of 50,000 now what would you do? He said we 3 wouldn't accept it at 50, we'd ask them to lower it. 4 Because it's right at the threshold. 5 So now with all that background, who wants 6 to go first, County Auditor or County Attorney? 7 MRS. STEBBINS: I can go first. I 8 recommended that this go out for bid because the rules 9 say that anything over $50,000.00 we have to go out for 10 bid generally. And this could be considered one -- a 11 single project or a single purchase under the rules. 12 And to be safe, I would go out for bid. 13 COMMISSIONER BELEW: That thing about asking 14 them to lower their bid doesn't sound kosher to me. So 15 that -- that doesn't pass the smell test. 16 COMMISSIONER MOSER: There's -- there's a 17 time limit, too, or at least there was with my insurance 18 company, same hail storm. Are we okay there if we go 19 out for bids timewise? 20 MR. HASTINGS: We are. We'll be well within 21 the time. 22 COMMISSIONER LETZ: Yeah, we have two years. 23 I talked to -- 24 MR. HASTINGS: We have two years. 25 COMMISSIONER LETZ: -- TAC, we have two 80 1 years. 2 COMMISSIONER MOSER: Oh, two years. Okay. 3 Good. Why not go out for bids? 4 COMMISSIONER LETZ: I mean, the reality is 5 going out for bids may cost more money. There's a 6 pretty good chance it could. But I think it's -- you 7 know, prior to me being on the Court, which puts it back 8 awhile, there was some work done at the Hill Country 9 Youth Event Center and the projects were broken into 10 several different companies and they were brought before 11 the -- and the Commissioners' Court was brought before 12 the grand jury or those members of the court were. So 13 this is a pretty serious issue. I don't want my -- I 14 would rather err on the caution, if two weeks to get it 15 out for bid, all the paperwork, we could accept it first 16 meeting in January. It's not going to delay the project 17 that much. The roofs are not going to -- of course, if 18 it doesn't rain anymore so don't have to worry about the 19 leak. 20 COMMISSIONER MOSER: It concerns me when I 21 look at these bids, you know, Hangar C, two of them are 22 very close, and the other one's half price, you know, 23 same for Hangar D. And on the terminal, you know, it 24 was a hundred percent difference plus in the things. 25 But the low bidder on that one was twice as high, so -- 81 1 COMMISSIONER LETZ: I will say, Charlie 2 spent -- and Shane has worked on this as well. They 3 have spent a lot of time, they're comfortable that these 4 bids are good to get the work done, it's just a question 5 from a bidding standpoint, and I have to go with 6 recommendations from the County Attorney and the County 7 Auditor that we bid all these under one package so they 8 can, you know, word them individually. 9 COMMISSIONER HARRIS: That makes sense to 10 me. 11 COMMISSIONER LETZ: I'll make a motion to 12 authorize the County Engineer to go out for -- to issue 13 an RFP for Hangar C and D, and the terminal, airport 14 terminal in the same RFP. 15 COMMISSIONER MOSER: Second. 16 COMMISSIONER LETZ: So it's kind of one 17 motion for both agenda items. I don't know how we 18 divide that up, Judge. 19 JUDGE KELLY: Well, there's been a motion 20 made -- well, you combined them so we're just combining 21 them. So there's a motion made to authorize that the 22 re-roofing of Hangar C and D, as well as the airport 23 terminal go out for public bids. I believe that's kind 24 of what it is. That's the motion and it's been -- 25 motion made by Commissioner Letz and seconded by 82 1 Commissioner Moser. 2 MR. HASTINGS: I have one question. Does 3 the -- a request for proposal, is this the same as 4 issuing a sealed competitive bidding? Is it the same? 5 JUDGE KELLY: We want it to be a sealed 6 competitive bid. 7 COMMISSIONER BELEW: That's what it is, 8 yeah. 9 COMMISSIONER MOSER: Sealed competitive. 10 MR. HASTINGS: Okay. I just wanted to 11 clarify that. 12 JUDGE KELLY: Yeah, we got that clarified in 13 the motion. It's a sealed competitive bid. 14 MR. HASTINGS: All right. 15 COMMISSIONER LETZ: And I would have the 16 bids due back -- I don't have a calendar in front of me, 17 the Friday before would be the January 7th. 18 MR. HASTINGS: Can we -- can we do this on 19 -- the next item is -- if we could have the bids due on 20 January the 10th, we could get this awarded on January 21 13th. 22 COMMISSIONER LETZ: Okay. 23 MR. HASTINGS: Friday, January the 10th. 24 COMMISSIONER LETZ: Okay. Have bids due 25 January the 10th. 83 1 JUDGE KELLY: Okay. Any further discussion? 2 Those in favor of the motion raise your hand. 3 Unanimous, five zero. 4 Next timed item at 10 o'clock is 1.16 5 consider, discuss and take appropriate action to 6 authorize County Judge(sic) to advertise for bids for 7 the 2020 Road Reconstruction Project. 8 MR. HASTINGS: Thank you. Plans and 9 specifications have been prepared by the County Engineer 10 for the reconstruction of approximately two and a half 11 miles of county-maintained roads. In 2018, the project 12 included Indian Creek Road and Rim Rock Road. In 2019, 13 which is giving you some background of what we've been 14 doing over the past few years, the project consisted of 15 Peterson Farm Road intersection with Highway 27. That 16 was a realignment. Sutherland Lane intersection with 17 State Highway 27, that was a realignment. Upper Turtle 18 Creek Road, Hermann Sons Road and Elm Pass II Road. So 19 these are all the roads we've done in the past two years 20 over the same project that y'all have funded in the 21 budget. 22 The 2020 road reconstruction project 23 consists of the following roads: Wedgewood Lane, Wild 24 Timber Drive, Spanish Oaks Lane, Timber Lane, Briarwood 25 Lane, and Oakview Drive, from State Highway 27 to 84 1 Skyview Drive, that portion of Oakview Drive. 2 The project schedule would be to advertise 3 December the 13th and December the 20th of 2019. Have a 4 -- hold a pre bid conference on January the 6th, 2020. 5 Bids would be due on January 10th, 2020, and we would 6 open and award those bids on January 13th, 2020. 7 The County Engineer requests the Court 8 authorize the County Clerk to advertise for bids for the 9 2020 Road Reconstruction Project, Precinct 4. 10 COMMISSIONER HARRIS: I move for approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Harris, seconded by Commissioner Letz to 14 approve advertising for bids for the 2020 road 15 construction as presented. Any further discussion? 16 Those in favor raise your hand. Opposed? Unanimous, 17 four zero -- five zero, excuse me. Can't count. 18 At 10:05 we have a timed item to consider, 19 discuss and take appropriate action to open, read, and 20 award the Annual Bids for Road Base, cold mix, 21 Aggregate, Emulsion Oil and Corrugated Metal Pipe. 22 Ms. Hoffer. 23 MS. HOFFER: Good morning. After the bids 24 have been opened and read allowed, we would like to 25 review it immediately and return on this court date, 85 1 December 9th, 2019, and award the Annual Bids for Road 2 Base, cold mix, Aggregate, Emulsion Oil and Corrugated 3 Metal Pipe. All bid prices are to begin January 1st, 4 2020, and be in effect until December 31st, 2020. At 5 this time, we ask the Court to open and read all 6 material bids. 7 COMMISSIONER LETZ: Judge -- or County 8 Attorney, there's a lot of information on the first one 9 that I opened. A lot of lines. Can we just read who 10 they're from and totals, if appropriate, or do we need 11 to read the entire bids on all -- each of these 12 before -- 13 JUDGE KELLY: There's like a dozen line 14 items on each page. 15 MRS. STEBBINS: Hang on a second. 16 COMMISSIONER BELEW: How is the purchase 17 being made? It's not being made piecemeal, is it? 18 COMMISSIONER LETZ: Yes. 19 COMMISSIONER BELEW: It is? 20 COMMISSIONER LETZ: It's like, for 21 example -- 22 COMMISSIONER BELEW: Well, then -- 23 COMMISSIONER LETZ: -- 15-foot -- 15-inch 24 R's, 18-inch R's, 24-inch R's, 30-inch R's, a piece. I 25 mean -- 86 1 COMMISSIONER BELEW: And that's how -- 2 that's how the Road & Bridge is going to purchase this? 3 COMMISSIONER LETZ: Yes. 4 COMMISSIONER BELEW: Picking and choosing, 5 a la carte? 6 COMMISSIONER LETZ: Yeah. 7 COMMISSIONER BELEW: Okay. 8 COMMISSIONER LETZ: We usually accept all 9 bids at some point. And they'll go with the -- 10 prioritize them. That's the way it's been done in the 11 past. In the past I think we pretty much -- we just 12 read who they're from and then refer them -- accept them 13 and refer them to Road & Bridge for review. Is that 14 appropriate? 15 MS. HOFFER: And my understanding, too, is 16 that the Clerk's office, you know, she will keep -- 17 there's three copies, she'll keep all copies, we get a 18 copy, but if anybody wants to see those bid packets, 19 they can make a request to the Clerk's Office, and Vicki 20 also does a final app sheet that we can send to any of 21 the vendors so they can see a final on it. 22 MRS. STEBBINS: I think it's okay to do it 23 how you've historically done it. 24 COMMISSIONER LETZ: Do you want to read 25 them, Judge, or do you want me to read them? 87 1 JUDGE KELLY: Go ahead and read them. I 2 have to read enough as it is. 3 COMMISSIONER LETZ: Received the bids from 4 Contech. And the bids are for corrugated metal pipes, 5 the number of bids, various sizes. 6 COMMISSIONER HARRIS: (Attempting to hand 7 small knife.) 8 COMMISSIONER LETZ: Oh, you don't trust my 9 knife? All right. 10 We have a bid from Allen Keller Company for 11 base material. Have a bid from -- another bid from 12 Allen Keller for paving aggregates. 13 JUDGE KELLY: We got two knives opened up 14 here on the bench, so let the record reflect that Kerr 15 County is gun and knife friendly. 16 COMMISSIONER LETZ: I have a bid from Martin 17 Marietta Materials, it is for base material. 18 COMMISSIONER MOSER: You need a knife? 19 JUDGE KELLY: We got plenty of knives opened 20 up. 21 COMMISSIONER HARRIS: Glad we don't have to 22 shoot off locks. 23 COMMISSIONER LETZ: Another bid from 24 Wheatcraft, Inc. for paving aggregates. I have a bid 25 from Wheatcraft, Inc. for base material. 88 1 I have a bid from Wright Asphalt Products. 2 I have a bid on paving aggregates. Oh, there was no bid 3 on that. On emulsion oils. Just on emulsion oils from 4 them, from Wright. 5 I have a bid from Ergon Asphalt and 6 Emulsion, a bid on emulsion oil. 7 I have a bid from Brauntex Materials for 8 cold mix, base materials. 9 We have a bid from Wilson Culverts, Inc. for 10 Corrugated Metal Pipe. 11 Got a bid from Martin Marietta for paving 12 aggregate, base material. 13 And the final, we have a bid from Vulcan 14 Materials for paving aggregates, base material, hot mix, 15 cold mix, for hot/cold base. And that's it. 16 And I'll make a motion that we accept all 17 the bids and refer them to our Road and Bridge 18 Department for review and recommendation. 19 COMMISSIONER HARRIS: Second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Letz, seconded by Commissioner Harris to 22 except the bids and refer them to Road and Bridge for 23 recommendations. Those in favor raise your hand. 24 Unanimous, five zero. So we'll pass that right now, 25 come back to it later. 89 1 Now, let's go back and start trying to catch 2 up. We've got a 9:15 timed item. Let's start with 1.4 3 consider, discuss and take appropriate action to appoint 4 a member of Commissioners' Court or designate a person 5 to perform investigation under Section 751.005 of the 6 Texas Health and Safety Code for the purpose of 7 determining if the minimum standards for ensuring public 8 safety and order as prescribed by law will be maintained 9 under the application for permit for mass gathering by 10 the Texas Pork Producers scheduled for February 6-9, 11 2020. Hearing will held on January 13, 2020 at 8:30 12 a.m. for this Mass Gathering Permit. 13 COMMISSIONER MOSER: I make a motion that we 14 designate Commissioner Harris for that purpose. 15 COMMISSIONER BELEW: Second. 16 COMMISSIONER HARRIS: I'm even -- you do it 17 when I'm here now. 18 COMMISSIONER MOSER: We're moving right 19 along. 20 JUDGE KELLY: Well, for those of you that 21 are here, you remember that the last time when 22 Commissioner Harris was absent he was appointed to be 23 the Mass Gathering Investigator. 24 COMMISSIONER LETZ: For the stock show. 25 COMMISSIONER HARRIS: Well, Commissioner 90 1 Letz would be my witness. I figured I was going to do 2 this. I wrote down I can do this. 3 COMMISSIONER MOSER: Good. 4 JUDGE KELLY: Okay. So there's a motion -- 5 you made a motion? 6 COMMISSIONER MOSER: Yeah, I made a motion. 7 COMMISSIONER BELEW: I seconded it. 8 JUDGE KELLY: Motion made by Commissioner 9 Moser, seconded by Commissioner Belew for Commissioner 10 Harris to be the Mass Gathering Permit Investigator. 11 Any further discussion? Those in favor raise your hand. 12 Unanimous, five zero. 13 Now let's go to 1.4 and 1.5, let's call 14 them. 15 COMMISSIONER MOSER: That was 1.4. 16 JUDGE KELLY: Well, 1.5 and 1.6. 17 COMMISSIONER MOSER: Yeah. 18 JUDGE KELLY: 1.5 is consider, discuss and 19 take appropriate action on the request to close Flat 20 Rock Park, not the Dog Park side, to public parking from 21 February 6, 2020 after 11:00 p.m. until February 9, 2020 22 at 5:00 p.m., for the use of stock show trailer parking 23 for the Texas Pork Producers Elite Showcase. Public 24 access to the dog park would be allowed from the 25 walk-through gate near the bridge. 91 1 And Item 1.6 is related, is to consider, 2 discuss and take appropriate action on request from the 3 Texas Pork Producers Elite Showcase to close Riverside 4 Drive from the boundaries of the Event Center Grounds in 5 order to create a traffic pattern and safe travel for 6 the trailers to and from Flat Rock Park. Requested 7 times from 5:00 p.m. on February 6th, 2020 to 5:00 p.m. 8 on February 9, 2020. 9 COMMISSIONER MOSER: Move for approval for 10 both of those. 11 JUDGE KELLY: Well, we ain't even heard from 12 them. 13 COMMISSIONER BELEW: Second. 14 COMMISSIONER MOSER: I agree. I mean, it's 15 very self-explanatory. 16 COMMISSIONER BELEW: Good to see you again. 17 JUDGE KELLY: Motion's been made by 18 Commissioner Moser, seconded by Commissioner Belew to 19 approve both items. 20 COMMISSIONER MOSER: Wait a minute. 21 Discussion. 22 JUDGE KELLY: Discussion. 23 COMMISSIONER LETZ: Judge, you better make 24 it two motions. It would be better than combine them. 25 COMMISSIONER BELEW: Well, obviously you 92 1 like coming to Kerr County for this. 2 MR. GUNN: Yes, sir. It was an excellent 3 event last year, turned out great. As long as we don't 4 have 20 degrees and sleet, that would be perfect. 5 COMMISSIONER MOSER: Guarantee it. 6 JUDGE KELLY: We like having you back. 7 MR. GUNN: Excellent. I believe everything 8 worked out great here. The people involved, Jake and 9 his crew, everyone within the County and City, the 10 restaurants. I don't think there was a single hotel 11 room available during that weekend, so it turned out 12 really well. 13 And so I just wanted to be here in case you 14 had any questions and to provide you a recap of last 15 year's event. 16 COMMISSIONER HARRIS: Pass them around. 17 Well, we appreciate you joining us and having a 18 successful first initial event here and the ones after 19 that are always better because you've worked out all the 20 bugs. So welcome back. 21 COMMISSIONER MOSER: How many more years are 22 you going to be here? 23 MR. GUNN: Well, that's certainly up for a 24 future discussion. We really like it here and can 25 foresee a long-term relationship. I think as we look at 93 1 the growth of the show and the accommodations, I think 2 whether we look at hotel, the facility and whatnot, and 3 as we worked with, you know, some improvements that kind 4 of go along with the growth of the show, I think we 5 could definitely be here for a long, long time should 6 you be willing -- 7 COMMISSIONER MOSER: How many people did you 8 have here last year? 9 MR. GUNN: So there were approximately 1000 10 students showing, so if you figure between the ag 11 teachers, county agents, parents, family, spectators -- 12 COMMISSIONER MOSER: 3,000? 13 MR. GUNN: -- three, four, somewhere in that 14 range. 15 COMMISSIONER HARRIS: Yeah, it's usually 16 three or four people per hog. 17 COMMISSIONER MOSER: Wow, That's really 18 good. 19 COMMISSIONER HARRIS: It is. By the time 20 you throw in parents and grandparents and whoever else 21 comes and follows them to these things. 22 COMMISSIONER MOSER: Good deal. 23 COMMISSIONER LETZ: It's a great partnership 24 and we hope we can do this for many years. 25 JUDGE KELLY: Okay, so let's have a vote. 94 1 Those in favor raise your hand. Unanimous, five zero. 2 Thank you. 3 Jake, could you stick your head out there 4 and see if Rusty's out there? I'm trying to catch up on 5 the agenda. 6 Okay, next item on the agenda is 1.9 7 consider, discuss and take appropriate action to approve 8 the First Amendment to the Agreement for Inmate Health 9 Care Services at Kerr County. Sheriff. 10 SHERIFF HIERHOLZER: This was actually 11 approved -- the increase was approved in the budget. 12 It's our second year of the contracted Inmate Health 13 Care with Wellpath Company that we had went out for bids 14 and everything and got. The difference is from this and 15 years ago, people all know which we do have 24-hour 16 medical care, 24-hour nursing on duty, 24-hour 17 psychiatrist availability on duty because we're required 18 to have all that by the State Commission on Jail 19 Standards now, so a lot of things changed. 20 But this agreement, all this amendment did 21 is reflect the second year price increase that was 22 agreed to in the budget, okay, or in the original 23 agreement. And just so people understand, I think it's 24 pretty important is it's under number three, it says 25 year two, effective October 1, 2019, the base amount to 95 1 be paid by the County to Wellpath is $910,879.19. So 2 we're paying a million dollars a year for medical in 3 that jail. There's no choices about it. Each monthly 4 installment shall be $75,906.60. That's the difference. 5 It was budgeted for. 6 The only other part we will have a -- 7 somewhat of an increases after a daily population hits 8 250 for three months solid and then it goes up a little 9 bit more and that's also in the contract. 10 COMMISSIONER LETZ: Is this, I guess, 11 calculated into your daily rate that we charge 12 out-of-county? 13 SHERIFF HIERHOLZER: Yeah. Yeah. Plus they 14 pay for anything that's off-site. Okay. Any -- any 15 kind of medical expenses, prescriptions of other 16 county's inmates or anything like that, hospitalization, 17 they even have to send the people up here if we want 18 them to pull guard duty if their's ends up in the 19 hospital or they have to pay if it's over $40 an hour 20 for two officers of ours to be at the hospital 21 babysitting. But they -- all medical expenses, the 22 other County has to pay separate. 23 COMMISSIONER LETZ: So this is a flat fee? 24 SHERIFF HIERHOLZER: This is a flat fee. 25 COMMISSIONER LETZ: So -- 96 1 SHERIFF HIERHOLZER: So it wouldn't matter 2 if I had -- 3 COMMISSIONER LETZ: -- basically we're 4 getting a subsidy from the other counties for whatever 5 we're housing their out-of-county prisoners? 6 SHERIFF HIERHOLZER: Yeah. And when you 7 look at it, you know, and what I was saying, we -- the 8 number of inmates we're housing out-of-county right now, 9 we've going to be bringing in over -- well, I think 10 we're up to 53 inmates today. Okay. And that's in -- 11 Ector County wants to bring another ten each week for 12 the next three or four weeks. So we will be up to about 13 80 inmates of out-of-county. 80 inmates of 14 out-of-county is over $4,000.00 a month, which is over 15 $124,000 -- 16 COMMISSIONER LETZ: $4,000.00 a week -- a 17 day. 18 SHERIFF HIERHOLZER: -- $4,000.00 a day, 19 which is over $124,000.00 a month and well over a 20 million a year. And it doesn't cost us -- for me to 21 keep those lights on, you know, the cell blocks are 22 broken down anywhere from eight ment to 18 person cells. 23 It doesn't matter whether I have one or 18 in that cell 24 block, it's going to cost you and I the same as 25 taxpayers on that because once we're paying the 97 1 electricity, we're paying. 2 COMMISSIONER MOSER: Marginal cost is not 3 that much? 4 SHERIFF HIERHOLZER: The only cost 5 difference is meals, and we're paying about $1.28 a meal 6 right now. 7 COMMISSIONER BELEW: Now on the healthcare, 8 that comes out of the other County if they're an 9 out-of-county prisoner? 10 SHERIFF HIERHOLZER: On top of the -- if 11 they're paying us $50.00 a day and -- 12 COMMISSIONER BELEW: No, I didn't mean out 13 of it. I mean it comes out of their County to pay for 14 it, to cover it? 15 SHERIFF HIERHOLZER: Yeah. 16 COMMISSIONER BELEW: Yeah. Okay. 17 SHERIFF HIERHOLZER: Anything that -- 18 COMMISSIONER BELEW: Now, I read -- I read 19 the other day in the Boerne paper that their new jail, 20 they're already behind, they don't have enough room, so 21 we're going to keep getting people from Kendall County. 22 SHERIFF HIERHOLZER: Well, as of -- 23 JUDGE KELLY: And Medina County. 24 COMMISSIONER BELEW: And Medina County. 25 COMMISSIONER HARRIS: And he's got a new 98 1 one. 2 JUDGE KELLY: They're building a new one but 3 it's not adequate. 4 COMMISSIONER BELEW: So we got -- we got 5 plenty of -- 6 SHERIFF HIERHOLZER: Yeah. Let me put it 7 this way. As of today, this morning, in out-of-county 8 housing I have 19 from Medina County, 19 from Kendall 9 County, in Boerne, one from Menard, two from Llano, one 10 from Bexar, one from Real, and ten from Ector. 11 COMMISSIONER BELEW: Bexar County? Are we 12 just holding them? They got room over there, don't 13 they? 14 SHERIFF HIERHOLZER: They have some room, 15 but they also have some that due to safety precautions, 16 they can't house in their own jail. 17 COMMISSIONER BELEW: He's a hillbilly and he 18 has to be held here? 19 SHERIFF HIERHOLZER: That's -- 20 COMMISSIONER LETZ: I don't think the 21 Sheriff wants to go any further on it. 22 SHERIFF HIERHOLZER: No, I don't want to go 23 any further than that. We'll leave it at that. But 24 then Ector wants to up it by another 30. So you're 25 talking, you know -- 99 1 COMMISSIONER HARRIS: While we're on this, 2 can you elaborate on what you were telling me from 3 Odessa? 4 SHERIFF HIERHOLZER: Yeah. Odessa, which is 5 Ector County, they signed the contract with us. They 6 sent the first ten last week. They told my jail 7 administrator they want to send another ten for at least 8 the next three or four weeks, each week and they said 9 they're housing all over the state. I guess it's 10 roughnecks or oil field stuff. I don't know. 11 But I told our staff that we will shut off 12 our population once we hit 280. Then I'm going to shut 13 it down until we can see how that works out. We've got 14 328 beds, but I've got to be able to classify correctly 15 and I've got to make sure that my staff doesn't get 16 rundown trying to -- because there's a lot of little 17 things. That's more commissary, more -- you know, 18 kitchen time, more inmate requests, more grievances, 19 more -- you just have to deal with all that. So if we 20 shut that down at 280, then what that will put us 21 housing is right now I've got 20, 40, 50 -- 53, and I'm 22 at 215. So you'd say you add another, you know, 50 to 23 that, okay, that's 103 inmates, say a hundred inmates 24 from other counties for as long as we can. And at a 25 hundred inmates of another County, you're talking $5,000 100 1 a day, okay. That's $155,000 a month. That's 1.8 2 million, 1.860 million a year in out-of-county housing. 3 COMMISSIONER MOSER: Can you put a second 4 floor on the jail? 5 SHERIFF HIERHOLZER: No. Because the last 6 thing any jail -- any Sheriff in his right mind wants is 7 more inmates, believe me. Okay. So I won't say I'm in 8 my right mind right now. But I did make this, when we 9 added on, that as long as we can house inmates from 10 other counties we will to help pay for that debt on that 11 jail. 12 You know, now gradually Heather will be 13 wanting to put more and more in that jail that are here 14 locally, or the district judges will and, you know, as 15 our in-house population goes up, then our out-of-county 16 will have to go down and we won't be able to house them. 17 But if we can do it for at least the first -- whoever 18 the next sheriff is, four or five years house, it helped 19 us when we built that current jail out there and it can 20 help us with this addition. 21 COMMISSIONER LETZ: I'll make a motion that 22 we approve the First Amendment to the Agreement of 23 Inmate Health Care Services. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: Motion's been made by 101 1 Commissioner Letz, seconded by Commissioner Belew to 2 approve the First Amendment to the Agreement for Inmate 3 Health Care Services at Kerr County. Those in favor 4 raise your hand. Unanimous, five zero. 5 Before we move on to the next agenda item, I 6 notice that we have Judge Williams in the courtroom. 7 Anything special that we can address for you? 8 MRS. GRINSTEAD: He's on the report section. 9 JUDGE KELLY: Oh, you're in the reports. 10 Oh, well, you've got a little time to -- 11 JUDGE WILLIAMS: Well, I can wait. I can 12 wait. Go ahead with your agenda. I can wait my turn. 13 JUDGE KELLY: We don't get to see you here 14 that often, so welcome. 15 Item 1.10 consider, discuss and take 16 appropriate action to approve the contract with Xerox 17 for the copier for the Justice of the Peace, Precinct 4. 18 Judge Ragsdale is not here, but the contract 19 is attached. It's a five-year contract with Xerox for 20 60 -- what is it, $62 -- $61.42 a month for 60 months. 21 And he asked that we approve it. 22 COMMISSIONER HARRIS: I move for approval. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: Motion's been made by 25 Commissioner Harris, seconded by Commissioner Belew to 102 1 approve the Xerox contract for JP 4. Those in favor 2 raise your hand. Unanimous, five zero. 3 Item 1.11 consider, discuss and take 4 appropriate action to cast votes for Kerr Central 5 Appraisal District Board Members for the 2020 and 2021 6 term. 7 COMMISSIONER LETZ: Well, I'll make a motion 8 that we cast 1,000 votes for Judy Webb Smith, and the 9 balance, which is 300 and some votes, whatever that 10 balance is, to Eric Lantz. 11 COMMISSIONER MOSER: Second. 12 COMMISSIONER BELEW: Second. Okay. 13 JUDGE KELLY: Okay. Motion's been made to 14 cast our votes 1000 for Judy Webb Smith, and the balance 15 of our votes for Eric Lantz for the Kerr Central 16 Appraisal District Board Members for the 2020-2021 term. 17 Those in favor raise your hand. Unanimous, five zero. 18 Item 1.12 consider, discuss and take 19 appropriate action regarding Kerr County Records 20 Management. Commissioner Moser. 21 COMMISSIONER MOSER: Thank you, Judge. I 22 had a concern on that and the County Attorney eliminated 23 my concern. She sent out a memo September 13, 24 delineating how everybody should retain their records, 25 including personal messages and so forth on private 103 1 things. So, therefore, I just want to make sure it 2 didn't fall through the cracks. So that's all. No 3 action required. Thank you, County Attorney. 4 MRS. STEBBINS: You're welcome. 5 JUDGE KELLY: Okay. We've already skipped 6 down. The next item on the agenda is Item 1.18 7 consider, discuss and take appropriate action to approve 8 the audit required by Article 59.06 of the Code of 9 Criminal Procedure and the Fiscal Year 2019 Chapter 59 10 Asset Forfeiture Reports for the 198th District 11 Attorney, and the 216th District Attorney, and the Kerr 12 County Sheriff's Office. Tanya Shelton. 13 MS. SHELTON: The audits have been 14 completed. We did go in and do an inspection of all the 15 relevant documents and supporting materials and we 16 believe the information in this report is correct. 17 JUDGE KELLY: Okay. 18 COMMISSIONER BELEW: Do we have to accept it 19 or approve it or -- 20 JUDGE KELLY: We need a motion to approve 21 it. 22 COMMISSIONER BELEW: I make a motion to 23 approve it. 24 (Commissioner Letz left courtroom.) 25 JUDGE KELLY: Motion's been made by 104 1 Commissioner Belew, do I have a second? 2 COMMISSIONER MOSER: Second. 3 JUDGE KELLY: Seconded by Commissioner Moser 4 to approve the audits for the Asset Forfeiture Reports 5 for the 198th, 216th, and Kerr County Sheriff's Office. 6 Those in favor raise your hand. Four zero. 7 Let the record reflect that Commissioner 8 Letz temporarily left the room. 9 Item 1.19 consider, discuss and take 10 appropriate action to address the possibility of 11 prohibiting the sale or use of restricted fireworks, 12 i.e., skyrockets with sticks and missiles with fins in 13 any portion of the unincorporated area of Kerr County 14 pursuant to Local Government Code 352.051 for the 15 December fireworks season. 16 We have to do this every year. Time again. 17 And what we learned last season, I think, was unless the 18 burn ban is on we can't do this. 19 COMMISSIONER HARRIS: Well, actually that 20 Keetch-Byram drought index. And it says if it's a 21 greater than 575 in our County then we cannot do the 22 sticks and fins and all that. And ours is greater than 23 600 at this time. I checked this morning. So -- 24 JUDGE KELLY: So we qualify to be able to do 25 this? 105 1 COMMISSIONER HARRIS: Yes. 2 JUDGE KELLY: Good. 3 COMMISSIONER MOSER: So the motion is -- 4 COMMISSIONER BELEW: Well, wait a minute. 5 I -- I understood the last time we went through this 6 that the County Attorney said we cannot cut out any 7 particular fireworks. Did I misunderstand that? 8 JUDGE KELLY: Unless we're under that -- 9 there's a standard that we have to be under. 10 COMMISSIONER BELEW: You can -- we can ban 11 all fireworks in a drought condition but I'm not sure we 12 can separate them out. 13 MRS. STEBBINS: You can -- 14 COMMISSIONER HARRIS: Well, this 15 specifically states it. 16 MRS. STEBBINS: That's the restricted 17 fireworks, so you can -- 18 COMMISSIONER BELEW: And so how -- can you 19 read it for us? 20 COMMISSIONER HARRIS: Oh, of course. 21 COMMISSIONER BELEW: Because I didn't read 22 it that way. 23 COMMISSIONER HARRIS: Restricted fireworks 24 means only those classified under 49 CFR, Section 25 173.100. That's skyrockets with sticks and missiles 106 1 with fins. Okay. And then it goes on. Drought 2 conditions means -- drought condition means the 3 existence immediately preceding or during the fireworks 4 season of a Keetch-Byram drought index of 575 or 5 greater. And right now as of -- I checked this morning, 6 and they had it showed yesterday we were greater than 7 600. So that gives us -- opens the door for us to ban 8 the -- 9 COMMISSIONER BELEW: The missiles and -- 10 COMMISSIONER HARRIS: -- missiles with fins 11 and skyrockets with sticks, so I move to do so. 12 COMMISSIONER BELEW: Second. 13 JUDGE KELLY: Okay. Motion's been made by 14 Commissioner Harris, seconded by Commissioner Belew to 15 ban the sale of skyrockets with sticks or missiles with 16 fins during the December fireworks season. Any other 17 discussion? Those in favor raise your hand. Unanimous, 18 five zero. 19 Item 1.20 consider discuss and take 20 appropriate action to approve a Code of Conduct for the 21 Kerr County Volunteer Fire Departments. 22 This is all part of what we've been doing 23 with regard to the fire department. By the way, they're 24 doing beautifully. The Volunteer Fire Departments are 25 doing very well. We've got them all insured, I think, 107 1 at this point. 2 And so what this -- this item, and I'll go 3 ahead and -- and let me go ahead and call 1.21 at the 4 same time because that's, consider, discuss and take 5 appropriate action to approve the contract format for 6 the updated contracts with the Kerr County Volunteer 7 Fire Departments. 8 Everybody has been very compliant. We're 9 all getting along. They have adopted the reimbursables 10 that we approved at the last meeting. Now we're 11 incorporating the reimbursables directly into the 12 contract. We adopt this Code of Conduct. We're 13 incorporating that directly into the contracts that we 14 now have an accountability standard of conduct that 15 we're looking at these people which is -- and it's -- 16 it's national -- nationwide. This is what everybody's 17 doing. So we're in the mainstream. But we now all have 18 it. When we approve these today, we will have 19 everything concisely in the contracts. 20 COMMISSIONER HARRIS: And so that y'all 21 know, it's actually stated as the Firefighter Code of 22 Ethics. 23 COMMISSIONER LETZ: So do we adopt -- 24 JUDGE KELLY: Let's just do it individually. 25 I make a motion that we approve the Code of Conduct for 108 1 the Kerr County Volunteer Fire Departments. 2 COMMISSIONER LETZ: Second. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: Okay. I've moved and 5 Commissioner Letz has seconded that we approve the Code 6 of Conduct for the Kerr County VFDs. All those in favor 7 raise your hand. Five zero, unanimous. 8 Next, I'm going to make a motion that we go 9 ahead and approve the contract format that the County 10 Attorney has provided to incorporate the reimbursables 11 as well as the Code of Conduct into our contracts with 12 the individual VFDs. There's my motion. 13 COMMISSIONER HARRIS: Second. 14 JUDGE KELLY: So I've made the motion, been 15 seconded by Commissioner Harris that we approve the 16 contract format as provided by the County Attorney for 17 our County VFDs. Any further discussion? Those in 18 favor raise your hand. Five zero, unanimous. 19 1.22 consider, discuss and take appropriate 20 action to approve the qualitative incentive fee for 21 Global Spectrum for 2018-19. Commissioner Letz, and we 22 have Jake here, too. 23 COMMISSIONER LETZ: Each year, part of our 24 contract with Global Spectrum is there's a -- several -- 25 there's five categories, as an incentive fee for them. 109 1 This -- the full amount is budgeted every year so the 2 money's already budgeted. 3 The categories are results in customer 4 service scores, quality of food and beverage, repairs 5 and maintenance, creative sales and marketing, and 6 control of operating expenses. Each one of those five 7 categories we can give them up to $3,000.00. 8 Commissioner Harris and I met with Jake last 9 week and just felt that the appropriate amounts were for 10 the food and beverage fee, $2,500.00 -- excuse me. For 11 the customer services scores, 2,500. Food and beverage, 12 2,000. Repairs and maintenance, 3,000. Creative sales, 13 2,500. And control of operating expenses, 2,500. 14 Basically, that's how we came up with those 15 numbers. Be glad to answer any questions. The total 16 amount is 12,500 out of the 15,000 that they're 17 eligible. 18 JUDGE KELLY: And it's already in the 19 budget. 20 COMMISSIONER LETZ: It's in the budget 21 reserved, the full amount. 22 COMMISSIONER BELEW: What is that called in 23 the budget? 24 JUDGE KELLY: Incentive? 25 COMMISSIONER LETZ: Incentive fees. 110 1 COMMISSIONER BELEW: It's listed that way? 2 COMMISSIONER LETZ: Yeah. 3 COMMISSIONER BELEW: Incentive fees for -- 4 COMMISSIONER LETZ: Well, it's listed in the 5 contract with Global Spectrum as incentives. 6 COMMISSIONER BELEW: In the contract. Yeah. 7 It's not actually in the budget, per se. 8 COMMISSIONER LETZ: It's not in the budget 9 as a separate line item. It's a part of their total 10 management fee or the costs of Global Spectrum. 11 COMMISSIONER BELEW: Okay. 12 COMMISSIONER MOSER: Move for approval. 13 COMMISSIONER BELEW: Second. 14 JUDGE KELLY: Okay. Motion's been made by 15 Commissioner Moser, seconded by Commissioner Belew to 16 approve the qualitative incentive fees for Global 17 Spectrum for '18 and '19. Any further discussion? 18 Those in favor raise your hand. Unanimous, five zero. 19 Item 1.23 consider, discuss and take 20 appropriate action to commit to assisting the City of 21 Kerrville with the Household Hazardous Waste collection 22 event in 2021. 23 COMMISSIONER HARRIS: All right. I've been 24 in conversation with the City on -- on holding this, and 25 evidently we've been doing this in the past. It's 111 1 usually been in the fall. And they felt that it would 2 be better to have it in the spring, maybe get better 3 turnout and what have you, so that's the deal. 4 They're also wanting to apply for a grant. 5 And they need a letter that from our -- another entity, 6 which would be us, that's supporting it and help them in 7 getting -- acquiring this grant, so -- 8 COMMISSIONER MOSER: Has the date been 9 established? 10 COMMISSIONER HARRIS: Yes. Doggone, I -- I 11 left that in there. I think it's in March sometime. 12 COMMISSIONER MOSER: Okay. 13 COMMISSIONER HARRIS: It's on a Saturday. 14 COMMISSIONER MOSER: All right. Good. 15 That's a great thing. 16 COMMISSIONER HARRIS: Yeah. That's what 17 they thought. They thought they was missing too many in 18 the fall that, you know, for one reason or another so 19 we're going to try it in the spring. 20 COMMISSIONER BELEW: Is the money, Don, to 21 take care of these hazardous waste appropriately or what 22 -- what's the money for? 23 COMMISSIONER HARRIS: It's for that. And, 24 you know, our partnership with the City is we provide it 25 and it's done out there at the Event Center, and we'll 112 1 have some maintenance there to help with everything. 2 So, you know, we're not out any cash. 3 COMMISSIONER MOSER: Yeah. Sure. 4 COMMISSIONER LETZ: I think Reagan has some 5 of the solid waste people there, too. 6 COMMISSIONER HARRIS: You bet. You bet. 7 COMMISSIONER BELEW: It's been a big, big 8 deal. 9 COMMISSIONER HARRIS: Yeah, it's a win-win 10 deal. I've already had people call me, when is it? 11 When is it? Because they were used to it being in the 12 fall. So also, I'd like for this to be a continuing 13 deal, so we're already talking about 2021 a little bit. 14 But the letter now is for this upcoming deal that we'll 15 get the Judge to sign. 16 COMMISSIONER BELEW: Now, is this an ongoing 17 agreement with the City, or do we have a handshake deal, 18 or we just host it, or how -- what do we really have? 19 COMMISSIONER HARRIS: You know, it kind of 20 fell in my lap. I think Bob had been doing it in the 21 past, and as far as I can tell it's just kind of a 22 handshake deal that -- 23 COMMISSIONER LETZ: Yeah, it's done 24 annually. 25 COMMISSIONER BELEW: It might be good to 113 1 have a letter, though. 2 COMMISSIONER MOSER: They do it at the Ag 3 barn. 4 COMMISSIONER LETZ: Yeah. We provide -- 5 they provide staff, we provide staff. They arrange it 6 all. We pretty much just provide a facility and some 7 staff. 8 COMMISSIONER HARRIS: Right. Jake was -- 9 met with the both of us so we worked out the date and 10 everything, so it's in the books. 11 COMMISSIONER MOSER: So I move for approval, 12 or has somebody done that already? 13 COMMISSIONER HARRIS: You just did. Second. 14 JUDGE KELLY: Okay. Motion's been made by 15 Commissioner Moser, seconded by Commissioner Harris to 16 approve assisting the City of Kerrville with the 17 Household Hazardous Waste collection event in both 2020 18 and 2021. This says '21 on here, but you're including 19 2020? 20 COMMISSIONER HARRIS: Yes. Yes, sir. 21 COMMISSIONER BELEW: Well, we're already 22 good for 2020. 23 MRS. GRINSTEAD: We're not doing one in 24 2020. 25 JUDGE KELLY: Okay. So 2021? 114 1 COMMISSIONER BELEW: We're not doing it. 2 MRS. GRINSTEAD: Yes. Typically do them in 3 November, December of every year. But I think in 4 talking with David Barrera, we're pushing it off until 5 April. Because our last event was not very well 6 attended and we don't know if that's because we have had 7 them so often people have gotten rid of the old stuff so 8 there's not as much. So I think they decided to push it 9 off to April of next year and not do one at all this 10 year. 11 COMMISSIONER MOSER: Okay. Good deal. 12 MRS. GRINSTEAD: So it's 2021. 13 JUDGE KELLY: So -- so to clarify, the 14 motion is to approve this for 2021? 15 MRS. GRINSTEAD: Uh-huh. 16 JUDGE KELLY: I don't know if Commissioner 17 Harris has gone to try to find the exact date of the 18 event. 19 MRS. GRINSTEAD: Yeah, I think the date they 20 picked was April 25th. 21 JUDGE KELLY: April 25th? 22 MRS. GRINSTEAD: Uh-huh. And they were -- 23 Jake, is he still here? 24 COMMISSIONER LETZ: No. 25 MRS. GRINSTEAD: They have -- well, Jake was 115 1 at a meeting with David and Commissioner Harris when 2 that date was picked, so the Event Center should be 3 available. 4 JUDGE KELLY: So it's April 25th? 5 MRS. GRINSTEAD: Uh-huh. 6 COMMISSIONER BELEW: Of 2021. 7 JUDGE KELLY: Why did I know you would know 8 that? 9 COMMISSIONER HARRIS: Yeah. She knows 10 everything. 11 JUDGE KELLY: Okay. So as -- as revised 12 that is the motion. All those in favor raise your hand. 13 Unanimous, five zero. 14 I'm going to exercise discretion and skip 15 down to Item 3.2 on the information agenda. Status 16 reports from our Elected Officials. We've got Judge 17 Williams here from the 216th, so -- 18 JUDGE WILLIAMS: Good morning. Merry 19 Christmas. Appreciate y'all having me. I just wanted 20 to report, we've -- it's been a good year. I think a 21 good positive year and a lot of good things, I guess, 22 noted and the good news sometimes. It was interesting 23 that you were talking about those fireworks issues. We 24 had a lawsuit, it was a huge lawsuit, several million 25 dollars of damage in fire from a fireworks display and 116 1 the whole issue we dealt with much with the 12 lawyers 2 that were involved in it was regulations, certification 3 by the County, and what it required for them when 4 somebody is having a social display of fireworks at 5 July 4th or Christmastime. 6 You know, if you have over 50 people there, 7 social guests, you have to orchestrate it, then it's 8 required to have people certified in -- if there's a 9 whole -- you know, CFR regulations. I'm sure you've 10 looked at all those, and it's interesting in hearing -- 11 listening to you all talk about that because it does 12 matter if something does happen. But when you have the 13 large displays there's some regulations typically along 14 the lines of statute that they're required to comply 15 with. 16 This year we've had -- it's been steady. 17 Judge Emerson, who is always good to work with, the 18 198th and 216th, moved a ton of civil cases and a lot of 19 criminal cases. I had the numbers on the civil cases 20 run for me, and I didn't get the -- on the criminal 21 docket, but trying to stay ahead of the curve, and we're 22 not -- we don't have the jail full yet. Hopefully we 23 can keep it that way where you can keep renting out some 24 space at the jail. 25 But the one thing that Judge Kelly and I've 117 1 spoken about a little bit is, is there an -- a little 2 bit of imbalance in the allocations from Gillespie 3 County to Kerr County because the Gillespie County 4 docket has increased so darn much. We have -- there's 5 several dockets that have increased heavily. The 6 criminal docket is way, way, way ahead of what it has 7 been in years past. 8 And just like this morning, of the half 9 dozen cases, civil cases, that I had set this morning, 10 five out of the six were Gillespie cases. And that's 11 not atypical at all. We have -- I'm dealing with a 12 hundred and -- right at 130 new lawsuits on a Permian 13 pipeline that are -- and I had to appoint Commissioners 14 on all 130 lawsuits and -- and those will turn into 15 appeals from the Commissioner hearings. 16 You have to appoint Commissioners, they have 17 their hearings, set their appeal, comes back up to 18 District Court and so we're going to be dealing with 19 that a ton. It's really consumed our District Clerk's 20 Office over there and consumed a lot of our time just 21 staying on top of that movement to get 400 plus miles of 22 condemnation taken care of. 23 The point being, the Gillespie County docket 24 has kind of gone through the roof. And typically 25 Gillespie has kicked in. So some of the general funds 118 1 that we share in amongst the counties is much, much less 2 than probably is appropriate now, so it's something -- 3 you recall we had talked about that, something to be 4 looked at. I don't know what kind of a written 5 agreement we have now, but we need to have balance on 6 which county's taking up the resources the most and have 7 -- take a look at it every now and then and see whether 8 there's a motion to act on appropriate thing to do. 9 JUDGE KELLY: We're going to do it on the 10 census. 11 JUDGE WILLIAMS: Okay. Good. 12 JUDGE KELLY: Upcoming census. That's the 13 understanding we have with both Bandera and Gillespie 14 now. 15 JUDGE WILLIAMS: And your thing where you 16 wanted -- you mentioned you wanted to have people 17 brought out who are doing a good job. I wanted to 18 mention, we have -- you know, a lot of our docket, I 19 spend roughly half my time in Gillespie, half in Kerr, 20 and then half and half in criminal and civil docket. We 21 deal a lot with probationers. 22 And I wanted to commend Andrea Bode, who's 23 our probation chief, and she really does a good job. I 24 had a quarterly meeting with her just before I came down 25 here, and she really does a good job. Has good 119 1 manpower, good staff there, and handles things in a very 2 appropriate, professional way to keep the office 3 atmosphere positive, and it can focus on the goals they 4 have to have these people complete their probation; not 5 just to complete it, but to be better law abiding 6 citizens. 7 And, you know, I asked her, I said, how many 8 right now on average are completing probation 9 successfully and because we're always looking at that 10 because I deal with every week probation revocations. 11 You know, close -- you know, usually about 88 to 90 12 percent. I said how many of those people re-offend 13 later? She goes, well, that's a little harder to figure 14 but some, of course, do but I always am interested in 15 reviewing the exit reviews from the probationers and 16 their thoughts on the probation system as a whole. Not 17 all are positive but -- but quite frankly most are. 18 They realize that it's designed to give them an 19 opportunity to avoid prison, number one, to turn things 20 around, to be counseled and rehabilitated in ways that 21 can be -- help them become more productive citizens. 22 They don't all take advantage of that, but there's a lot 23 of good feedback from them in those exit interviews in 24 pointing out the -- that their probation officers and 25 Mrs. Bode also played a huge part in that. 120 1 As you all know, we have Tonya(phonetic) 2 Shelton here. I hope that -- I'm not going to put you 3 on the spot here. 4 JUDGE KELLY: Tanya Shelton. 5 JUDGE WILLIAMS: Tanya, okay. The Honorable 6 Shelton here. I had to -- I had to get -- I'm still not 7 adjusted to that. I'm going to call you Tonya(phonetic) 8 anyway. But she tells me she's hired a new assistant, 9 and that person is on part-time and going to be 10 full-time come May or June? 11 MRS. SHELTON: May. 12 JUDGE WILLIAMS: Okay. And I know that 13 Judge Emerson and I were very impressed with her and 14 dealing with her and interviewing with her and I hope 15 that -- and I want to really compliment this gentleman 16 here, James Robles, in the interim did a wonderful job, 17 and things seem to have transitioned smoothly with him 18 there working with Tanya, and -- and so James -- I've 19 said it before, but thank you for the work that you and 20 Joy have done to make things -- keep things afloat while 21 we got somebody on board. And we wish Tanya the best in 22 this regard. 23 Also a lot of what we do and I know all the 24 -- when I had four counties, had four different District 25 Clerks, and there's always different personalities and 121 1 different ways of doing business and everything. But 2 they make a big difference in the smoothness or how 3 smooth our work is conducted, and jury summons, and 4 dealing with lots of people when we have jury days and 5 the filing and everything. 6 And, you know, Dawn Lantz came on as never 7 having been in the District Clerk's Office before, and I 8 want to compliment her because she brought, I think, a 9 new level of professionalism there, and keeping the 10 ladies focused. I told her I really thought we need to 11 have people cross-trained so when somebody's out we 12 can -- you know, they can cover for each other. And 13 she's been very proactive in cross-training and I think 14 it's been -- quite frankly, I think she's doing a superb 15 job as our District Clerk. 16 We have -- we have -- I did want to mention 17 a continuing issue that was dealt with last time I spoke 18 with you, and y'all have talked about what to do about 19 indigent defense costs, and whether or not to get an 20 indigent defense team like you had with prosecutors, and 21 we continue to have a problem with that. I've lost -- 22 you know, Gillespie County got a new County Court at 23 Law, and I've lost a person to that over there. Not 24 Judge Nevins, he was County Attorney before. But in 25 Kerr and Gillespie we always have people who have gone 122 1 on to different things, or their docket's really full 2 and they have to say I can't take any more court 3 appointments, and so typically there's a shortage there 4 and we have to try the folks on local regional 5 attorneys. Sometimes we have to bring them in from 6 San Antonio. But that remains an issue, because having 7 attorneys available is one thing, but having qualified 8 attorneys available is another. 9 There are some people that have applied that 10 just don't commit like they should, you know, in the 11 movement of the cases, and so at the appropriate time I 12 would suggest we revisit. You know, we talked about the 13 monies, the dollars, it's a costly item either way, 14 whether we're continuing in paying the indigent defense 15 appointed attorneys, or have our own program. So I'd 16 like to keep that on the burner somewhere there to be 17 brought up. 18 JUDGE KELLY: And to keep you up to speed, a 19 couple weeks ago I was at a conference with Judge 20 Stroeher, and believe it or not, we had several very 21 productive conversations. He's very receptive to the 22 possibility of the public defense office. 23 JUDGE WILLIAMS: Okay. That -- that is a 24 big move right there. 25 JUDGE KELLY: Absolutely. 123 1 JUDGE WILLIAMS: As we talked, we didn't 2 know whether or not -- because they are -- 3 JUDGE KELLY: I know nobody else appreciates 4 what we're talking about, but you understand, and I know 5 how important it is for us to talk to Judge Stroeher. 6 JUDGE WILLIAMS: Yeah. And that -- I'm 7 really encouraged to hear you say that. And thank you 8 for following up with him because that would be a big 9 obstacle to overcome if he was not on board with at 10 least considering it. 11 JUDGE KELLY: Well, and let me offer one 12 other thing for you that would -- we'd love your input 13 as you think about this. Initially, we were talking 14 about Bandera, Kerr, and Gillespie County because the 15 198th and 216th we share the counties. We've also been 16 approached by Medina County who is about the same size 17 as Kerr County, about trying to get into the public 18 defender's office. So that -- that's another moving 19 part that is at least in consideration. Something for 20 us to think about. So there is a -- you can see there's 21 a regional movement to try to get these public 22 defender's office. 23 JUDGE WILLIAMS: Well, if that could be done 24 and if it could be done with a -- on a cost sharing 25 basis where we are not -- 124 1 JUDGE KELLY: They have the money. 2 JUDGE WILLIAMS: Well -- 3 JUDGE KELLY: They've got the money. 4 JUDGE WILLIAMS: Yeah, they -- they do, but 5 that's -- what I was going to say, though, is for years 6 when I had Gillespie, Kendall, Bandera and Kerr, there's 7 always been this thing about, well, there's this 8 elephant in the room called Kerr County and they get -- 9 they have their offices up here, and they have a court 10 coordinator up here and all that stuff. Well, we're 11 also the one that contributed the most and was a larger 12 county and we -- we have done our level best to make 13 sure everything's balanced in our time and allocation -- 14 the time, expense and -- in civil and criminal cases and 15 everything. 16 If we did Medina and Medina was a part of 17 it, we just -- we want to be careful about that. 18 They're the ones with the money and that would be nice 19 to have that cost sharing, but we want to make sure we 20 keep our say in -- 21 JUDGE KELLY: The eastern part of Medina 22 County is now West San Antonio. And the values have 23 gone through the roof. And they do have the money. 24 They have the tax base on that. 25 JUDGE WILLIAMS: Well, if it can be done, 125 1 we'll make sure that we have -- I think that would be 2 good because for the cost sharing, from the cost sharing 3 standpoint, as long as we can maintain as much control 4 as we can on, you know, the -- the hiring and who would 5 coordinate it, who would lead up the office, and 6 allocation of the attorneys and where they are assigned 7 and go. And that's just an administrative thing that 8 should be able to be handled. 9 COMMISSIONER LETZ: Medina County is -- are 10 they a single-county district? 11 JUDGE KELLY: Yeah. They have a brand new 12 district court, and they're a single-county Court. The 13 retired County Court at Law Judge there, Vivian Torres, 14 as well as Judge Evans, the County Judge in Bandera 15 County, both sit on the TIDC Board. So they are very 16 proactive in trying to help. 17 COMMISSIONER LETZ: Good. 18 JUDGE WILLIAMS. One thing I mentioned about 19 Gillespie County and I'm hoping -- you know, one of the 20 reasons they got a County Court at Law over there, is 21 because it was really, really generally needed, and 22 Judge Nevins and I will be sharing some of the civil 23 docket, like family law cases and some other cases, and 24 he's a worker bee, and he's a good, good man. He'll be 25 a good Judge and I really look forward to working with 126 1 him. 2 Hopefully, the imbalance I was talking about 3 a while ago as far as Kerr versus Gillespie County, 4 hopefully that will help that some and we can see over 5 the course of this coming year, you know, how that does 6 because he's certainly willing to take on some of these 7 civil work load there. 8 So that's pretty much it. I thank you all 9 for the opportunity to come and speak with you and I 10 appreciate what you gentlemen are doing. I know you've 11 been facing a lot of issues like you always do and I 12 appreciate y'alls good conscientious efforts towards the 13 betterment of our communities and I wish y'all and 14 everybody in here a blessed Christmas. 15 JUDGE KELLY: Okay, let's go back on the 16 approval agenda, pick up with 2.1 pay bills. 17 Ms. Shelton. 18 MRS. SHELTON: The invoices that we're 19 looking to pay are all for this budget year, so for Kerr 20 County we have $119,462.41. Airport, $683.74. And the 21 District Clerk fees, a payment of $1,096. 22 COMMISSIONER LETZ: Move to pay the bills as 23 presented. 24 COMMISSIONER MOSER: Second. 25 JUDGE KELLY: Motion's been made by 127 1 Commissioner Letz, seconded by Commissioner Moser to pay 2 the bills as presented. Those in favor raise your hand. 3 Unanimous, five zero. 4 Budget amendments? 5 MRS. SHELTON: There are not any. 6 JUDGE KELLY: Late bills. We have one? 7 MRS. SHELTON: We have two, but they're all 8 for the same department, for the jail expansion project. 9 They total $41,052.20. 10 COMMISSIONER MOSER: Move we pay the late 11 bills. 12 COMMISSIONER BELEW: Second. 13 JUDGE KELLY: I think that's a -- yeah. 14 There's been a motion made by Commissioner Moser, 15 seconded by Commissioner Belew to pay the late bills. 16 Those in favor raise your hand. Five zero, unanimous. 17 Auditor's reports? 18 MRS. SHELTON: There are none. 19 JUDGE KELLY: Okay. Monthly reports? 20 COMMISSIONER HARRIS: Yes. For November 21 2019, standard monthly report from Constable Precinct 1, 22 Tommy Rodriguez, Constable Precinct 2, Kyle Schneider, 23 fines, judgments and jury fees collected for J.P. 1, 24 Mitzi French, J.P. 2, J. R. Hoyne, J.P. 3, Kathy 25 Mitchell. 128 1 County Clerk, Jackie Dowdy. District Clerk, 2 Dawn Lantz. County Treasurer's payroll report, and 3 Environmental Health OSSF, Director Ashli Badders, and 4 investment report for quarterly -- for the quarter 5 ending September, 2019, County Treasurer, Tracy Soldan. 6 I move for approval. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: Okay. Commissioner Harris has 9 moved for the approval of the monthly reports, seconded 10 by Commissioner Belew. Any further discussion? Those 11 in favor raise your hand. Unanimous, five zero. 12 COMMISSIONER LETZ: Judge, we need to get 13 back to 1.17, I believe. 14 JUDGE KELLY: Oh. Are the bids ready? 15 MS. HOFFER: Yes, sir. 16 JUDGE KELLY: Okay. The Court will call 17 Item 1.17 consider, discuss and take appropriate action 18 to open -- well, this is actually to award the Annual 19 Bids for the Road Base, Cold Mix, Aggregate, Emulsion 20 Oil and Corrugated Metal Pipe. 21 MS. HOFFER: Okay. As follows: The 22 corrugated metal pipe, it's kind of a split. On the 23 15-inch arch pipe, this is per linear foot, 24 Contech won the bid at $10.30. The 18-inch arch pipe, 25 $12.87. On the 24-inch arch pipe, Wilson Culverts won 129 1 the bid, $17.09. On the 30-inch arch pipe, Contech won 2 the bid, $20.59. 3 On the couplings, 15-inch, Wilson Culverts, 4 $15.16. 18-inch couplings, $18.14. 24-inch couplings, 5 $24.13. That's also Wilson Culverts. And the 30-inch 6 couplings, Wilson Culverts, $30.23. 7 COMMISSIONER LETZ: Quick question, Kelly. 8 I presume that the couplings from Wilson matched the 9 Culverts from -- 10 MS. HOFFER: Yes. 11 COMMISSIONER LETZ: -- Contech? 12 MS. HOFFER: Yes. 13 COMMISSIONER LETZ: Okay. Just wanted to be 14 sure. 15 COMMISSIONER HARRIS: That went through my 16 mind as well. 17 MS. HOFFER: On the emulsions, Ergon won the 18 bid for the CRS II at $2.07 a gallon. The AEP, $2.67 a 19 gallon. The CSS-1H, $2.07 a gallon. 20 Wright Asphalt won the bid for the CRS-2TR, 21 2.227 a gallon. Ergon on the MS2, $2.62 a gallon. 22 Wright Asphalt on the MC-3000 TR-2, $2.88 a gallon. And 23 Wright Asphalt is also on the MC-800 TR, $2.98 a gallon. 24 Some of those last ones we don't use very often. It's 25 mainly the CRS-2, AEP and the CSS-1H, which Ergon won. 130 1 COMMISSIONER MOSER: Kelly, those prices are 2 all good for the whole year? 3 MS. HOFFER: Yes. 4 COMMISSIONER MOSER: Okay. 5 MS. HOFFER: They start January 1 and they 6 go through December 31st. 7 COMMISSIONER MOSER: Good. 8 MS. HOFFER: Okay. On your cold mix 9 asphalt, only one other bidder, Brauntex, bid for the 10 cold mix Type D. They didn't win it at $70 a ton. 11 Vulcan Materials bid all of them, black base, AA mix is 12 $58.90 a ton. Vulcan cold mix CC, $58.90 a ton. Vulcan 13 of the Type A plus, $64.90 a ton. Vulcan on the Type CC 14 plus, $64.90 a ton. Type D, which is a finer mix, 15 Vulcan, $61.90 a ton. And the cold mix D plus, $67.90 a 16 ton. We mainly use the CC and the AA mix are the ones 17 that we generally use. 18 Okay, on your paving aggregates, the trap 19 rock which is the black rock that we've used in the past 20 that you get from Uvalde. The type 3 on that is $39.61 21 a ton, the grade 4 is $41.61 a ton, and the grade 5 is 22 $40.61 a ton. That's for the black rock. 23 Martin Marietta bid against them, did not 24 win on that. The best price is what we have been using 25 is from Wheatcraft, and it's $20 a ton for 3, $20 a ton 131 1 for 4, and $20 a ton for grade 5. And that's the 2 uncoated, and it's the white rock. 3 COMMISSIONER HARRIS: Half price. 4 MS. HOFFER: Yes. So Wheatcraft won the 5 paving aggregate at $20 a ton for all three grades. 6 The last thing that I've got is the base, 7 the road base, and this one kind of gets tricky. We've 8 always included a note in this. A lot of it depends on 9 where our project is, because you have Allen Keller that 10 if you get more up in the Precinct 4 area, that's a 11 better location. If you're more down in the Precinct 2 12 and 3 area, Wheatcraft is going to be a good area, plus 13 the Red Rose Pit is kind of a mix in between. 14 But it's always interesting to me, Martin 15 Marietta always bids a couple different locations and so 16 their prices always appear to be really cheap, but you 17 have to drive there to go get them. One of them that 18 had a really good price on the grade 2 was Brauntex, but 19 we have to drive to New Braunfels to go pick it up at 20 $5.75 a ton for the grade 2. A lot of that is not very 21 feasible by the time you add all of that, your trucking 22 cost and your field cost, you are much, much higher on 23 that. So Allen Keller has the grade 1 at $8.50 a ton. 24 Delivered it's $15 a ton. Let's see, for Martin 25 Marietta on your grade 2, if we pick it up at the Center 132 1 Point facility, it's $16 a ton. And the next closest on 2 that price, we would have to go to Uvalde to pick it up, 3 or New Braunfels, at those little bit lower prices on 4 that. So by the time you figure everything in, probably 5 Allen Keller is going to be our cheapest place to pick 6 up and get materials delivered. 7 And then the grade 2, which is your 8 two-and-a-half-inch rock, which we don't use a whole lot 9 of, Martin Marietta in Center Point is $16 a ton. 10 So Vicky will type up a final sheet on this 11 to kind of show where the prices are. So if you have 12 any questions? 13 COMMISSIONER LETZ: So are you ready for us 14 to accept? 15 MS. HOFFER: Yes. 16 COMMISSIONER LETZ: I'll make a motion to 17 accept and award the bids as read into the record. 18 COMMISSIONER HARRIS: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Letz, seconded by Commissioner Harris to 21 approve the bids as awarded and read into the record 22 here by Ms. Hoffer. Any further discussion? Those in 23 favor raise your hand. Five zero, unanimous. 24 MS. HOFFER: Thank you. 25 JUDGE KELLY: Okay. Let's go back up to 2.6 133 1 court orders. 2 COMMISSIONER LETZ: Here they are right 3 here. The court orders from our December 2nd meeting, 4 37852 and 37853, I believe they're accurate. I'll make 5 a motion to approve them as they're written. 6 COMMISSIONER MOSER: Second. 7 JUDGE KELLY: Motion's been made by 8 Commissioner Letz, seconded by Commissioner Moser to 9 approve the court orders as presented. I have a 10 question about the 853. At the last meeting we had a 11 bunch of -- we had a lot of orders, and we revised them 12 according to your recommendations with substituting in, 13 I think, "with" instead of the word "for" -- several of 14 those. And so I -- procedurally, I'm trying to figure 15 out, we approved those as revised -- 16 COMMISSIONER LETZ: Correct. 17 JUDGE KELLY: -- remember? So those orders 18 were correct and they just weren't in proper form. 19 COMMISSIONER LETZ: Right. 20 JUDGE KELLY: And so I'm trying to figure 21 out what do we do on 853, because it's referencing all 22 those orders that we have already approved as revised. 23 I'm trying to figure out what it is. What are we 24 ordering here? 25 COMMISSIONER LETZ: We're just -- 134 1 JUDGE KELLY: Is this something we have to 2 do every time we revise one, we have to come back the 3 next meeting and have another order to approve what was 4 revised and approved the previous meeting? I don't 5 know. I'm trying to figure it out. I thought we had it 6 all done last week. 7 COMMISSIONER LETZ: I'm -- I'm at a loss. 8 COMMISSIONER MOSER: Me too. Seems like it 9 was just correcting something. It's almost 10 administratively. We don't need another court order to 11 correct a court order. 12 JUDGE KELLY: That's kind of what I was 13 thinking. I think we're good. I think we got it right 14 last time. Do we have to come in with this order today, 15 once we -- once we finished it up last week? 16 MRS. DOWDY: I'm going to look at what we 17 put what we put last week. 18 COMMISSIONER LETZ: But there's an agenda 19 item for us to approve the court orders, and this is 20 just saying that we approved them. 21 JUDGE KELLY: I know. And we don't need to 22 do that every week. 23 COMMISSIONER LETZ: Well, I think we had 24 been, I think. 25 JUDGE KELLY: We approved them last week. 135 1 COMMISSIONER LETZ: Right. But this is just 2 the Court order that approves them. This is just 3 restating that the order that we did last week -- this 4 isn't a new order, this is just saying, yes, that -- 5 that is what we did. So that's not going to come up -- 6 JUDGE KELLY: But then we enter each one of 7 these orders, you know, you look at 37826 through 37851, 8 includes a lot of orders, and we approved them -- 9 COMMISSIONER LETZ: Right. 10 JUDGE KELLY: -- last week. 11 COMMISSIONER LETZ: Right. 12 JUDGE KELLY: And so, they should be part of 13 our permanent record now. 14 COMMISSIONER LETZ: They are. But this is 15 the -- this is just going back to that meeting and 16 saying this is what we approved at that meeting. This 17 is just -- 18 JUDGE KELLY: What did we do that day then? 19 MRS. DOWDY: May I interrupt? So on last -- 20 on November 25th, we approved court orders from November 21 18th. But then what was our -- it was our December 22 2nd -- 23 COMMISSIONER LETZ: That's right. Because 24 we approve them a week later, or at our next meeting. 25 MRS. DOWDY: Right. 136 1 COMMISSIONER LETZ: And this is just saying 2 this is what we did on the 2nd. This is just saying 3 that the court order written is accurate. 4 COMMISSIONER MOSER: Correct. 5 MRS. STEBBINS: It gives y'all an 6 opportunity to review them, make sure they're correct, 7 and then adopt them as they're drafted. 8 JUDGE KELLY: But what we -- what we revised 9 last week were the orders from the 25th. 10 COMMISSIONER LETZ: Right. 11 JUDGE KELLY: And so, came in, we had the 12 drafts here and -- and you reviewed them, made several 13 recommendations, all of which I thought were very 14 appropriate and clarified and everything, and so we 15 approved the November 25 orders last week. 16 COMMISSIONER LETZ: Right. And this is that 17 order. This isn't a new order. This is that -- this is 18 just what we said on the 25th. 19 JUDGE KELLY: But we approved each one of 20 those orders then. 21 COMMISSIONER LETZ: Right. We're not 22 reapproving them. 23 JUDGE KELLY: Am I missing something here? 24 I thought that if those -- if the orders that we had 25 last week were from the 25th -- 137 1 COMMISSIONER LETZ: Right. 2 JUDGE KELLY: -- and we fixed them. 3 COMMISSIONER LETZ: We did. 4 JUDGE KELLY: Okay. And we adopted them and 5 approved them. 6 COMMISSIONER LETZ: Uh-huh. 7 JUDGE KELLY: Okay. Isn't that it? Do we 8 have to come back again this week and say, hey, we were 9 -- we corrected those from the 25th and we did that last 10 week so now we're doing it every -- it seems like it's 11 cumulative here. 12 COMMISSIONER LETZ: We did the order then. 13 This is just saying that that order, as we corrected it, 14 is accurate now. 15 COMMISSIONER MOSER: Exactly. Right. 16 COMMISSIONER HARRIS: Doesn't look like it's 17 something that's going to pop up every week. It's 18 just -- 19 COMMISSIONER LETZ: It's actually on every 20 one of them. We do it every time. We -- 21 COMMISSIONER HARRIS: Well, you redo them? 22 COMMISSIONER MOSER: Basically, what we do 23 is we pass the court order contingent on review, and 24 review it and say, well, you need to change "of" to 25 "if", okay. 138 1 COMMISSIONER HARRIS: Yeah. Or what the 2 Judge would say and we did that on the -- 3 JUDGE KELLY: We did that last week. So why 4 are we doing it again? I mean, as long as it's done, 5 that's what's important. 6 COMMISSIONER LETZ: I think it just says 7 that the County Clerk wrote the new court order 8 correctly. 9 COMMISSIONER BELEW: As long as it doesn't 10 say we're revising or revision. 11 COMMISSIONER LETZ: I understand what you're 12 saying, Judge, and we're not changing it. We're just 13 saying that the court orders are -- we're not changing 14 the court order; we're just saying that we acknowledge 15 that all those court orders are accurate now. 16 JUDGE KELLY: I'm going to let this go. But 17 I thought that's what we did last week. But if we 18 didn't, I don't have a problem with killing this goose 19 twice. 20 COMMISSIONER BELEW: Why -- why does it have 21 to be done? Does it have to be done? 22 JUDGE KELLY: No. 23 COMMISSIONER BELEW: There we are. 24 COMMISSIONER LETZ: Well, we do it every 25 time. We don't -- we can -- we started doing this 139 1 because there were -- 2 COMMISSIONER MOSER: Errors. 3 COMMISSIONER LETZ: Or just -- 4 COMMISSIONER BELEW: Clarification. 5 COMMISSIONER LETZ: -- clarification. And 6 the only way we can do it is if we come back through and 7 we pass the court order, and this is the court order 8 that did the clarification. 9 MRS. DOWDY: So we could -- we could approve 10 court orders without this last approval court order. 11 You can still approve last week's. 12 COMMISSIONER BELEW: Right, that's what I 13 think. Here's my question. When we revise one, does it 14 just replace in the record the old one, or does -- 15 JUDGE KELLY: Yes. 16 COMMISSIONER BELEW: Okay. So then that 17 clears it up. So there -- there they are. 18 JUDGE KELLY: Well, and the only reason is 19 because when we revise them, we know specifically what 20 we're doing at that time. This says -- there's three of 21 them on here that says just regarding Syntax, and I was 22 trying to remember, is that the one that we changed from 23 "for" to "with" or "with" to "for"? I'm trying to 24 remember. And it just says Syntax. Well, we got it 25 right last week, we know what it was. And so this week 140 1 we just -- now we're saying Syntax which gets me 2 confused, because I'm not sure exactly what we're 3 talking about because that was last week. I'm just 4 sorry. I -- we've got a motion and we got a -- we got a 5 second. Those in favor raise your hand. 6 COMMISSIONER MOSER: Don't ask for 7 discussion. 8 JUDGE KELLY: Is there any opposed? 9 COMMISSIONER BELEW: I'm abstaining. 10 JUDGE KELLY: I'm abstaining, too. Three 11 to -- three to two. Try to get -- 12 COMMISSIONER LETZ: We've got to figure out 13 a simpler way to do it. 14 JUDGE KELLY: Good. Let's go back to the 15 information agenda. Status reports from Department 16 Heads. Okay. Any other Elected Officials want a status 17 report other than Judge Williams? 18 3.3 status reports from Liaison 19 Commissioners. 20 COMMISSIONER HARRIS: I don't think we -- we 21 covered the Event Center. 22 JUDGE KELLY: Well, I -- I have a couple 23 things I want to talk about. Minor. We had that second 24 amendment Resolution today. We had a Resolution here a 25 month or so ago about some kind of scholarships from an 141 1 outfit that we went and checked out, and it aged out, it 2 expired on us before we had to act on it. But I think 3 it was Commissioner Belew who raised the question, who 4 are these people? And that is a very important 5 question. When they send us these Resolutions, and most 6 of them come in the mail, wanting us to, you know, 7 resolve this and resolve that and we don't have a whole 8 lot of background on it. I'm thinking that it might be 9 good just to have a policy that before we consider a 10 Resolution, they have to come talk to us in person, or 11 there has to be some sort of vetting to find out who it 12 is that's asking us to do it. 13 Just like today, I got no problems with the 14 Second Amendment. But I get in trouble in Travis County 15 because I do carry a gun in my truck. But in terms of 16 what is the definition of a sanctuary county? I don't 17 like -- I don't like sanctuary cities and I'm not sure 18 what the definition of a sanctuary county is. 19 COMMISSIONER LETZ: And how it would apply 20 to the second amendment. 21 COMMISSIONER MOSER: Right. 22 JUDGE KELLY: And I especially, as the 23 lawyer, and I didn't say anything while they were here, 24 but as a lawyer, you can't say basically to be 25 determined if they're constitutional. The lawman is not 142 1 the person that decides constitutionality. We don't 2 decide constitutionality. The district judges and the 3 Federal courts make those decisions. 4 And so I -- I would just like to know who 5 are these people, what is it that they really want, and 6 I think they're going to come back and tell us, but on 7 resolutions, I'm just thinking it might be nice to have 8 it vetted or in person. 9 COMMISSIONER MOSER: I think so, too. 10 COMMISSIONER LETZ: I think they need to 11 definitely be in person. 12 COMMISSIONER MOSER: Right. At least. And 13 then for -- and then we would know if it's already 14 vetted, it's good. But it ought to be in person if they 15 present a Resolution. 16 COMMISSIONER HARRIS: Without a doubt. 17 JUDGE KELLY: Well, we can -- we can put 18 that on the agenda. I just -- I thought of that. 19 COMMISSIONER MOSER: Good point. 20 JUDGE KELLY: And the other thing I thought 21 about that -- that -- and I'll -- I'll blame this on me 22 but, you know, our continuing education requirements, 23 there are some things that we really need to probably 24 have refreshed every year. 25 I was talking to the County Attorney about 143 1 it. You know, our Open Meetings Act, it's good for us 2 -- we all had to take the course. We all went online, 3 it didn't take that long. But do we want to have a 4 policy that we're going to do that annually or 5 bi-annually or something like that, just to make sure 6 that we're back on our game on some of this stuff. 7 And the one that snuck up on me, was when we 8 went to Austin for that conference, oh, several months 9 back, the rage at that time was this records retention 10 policy on our personal cell phones. Because we were all 11 sitting around trying to -- how are we going to solve 12 this. And these little things that as they come up, we 13 don't have the luxury of being able to get up to speed 14 by midyear. When they enact them, we need to know. And 15 so I'm just kind of wondering, do we need to have some 16 kind of follow-up on our continuing education so that we 17 stay current? Not just the Court, but everybody. 18 COMMISSIONER BELEW: I'd like to see Kerr 19 County host some of these things. I mean, not 20 necessarily -- I mean, we can take them wherever we want 21 to, but we have a great facility and bring more people 22 here. We've hosted a few. I'd like to see us host 23 something, you know, a couple times a year, maybe even 24 once a quarter for the surrounding counties for these 25 CEUs, and have TAC come in and run them. 144 1 JUDGE KELLY: Follow up on that, yeah. 2 COMMISSIONER HARRIS: I think that would be 3 really good. 4 COMMISSIONER LETZ: This Friday there's one 5 in Uvalde. 6 COMMISSIONER BELEW: Yeah, Friday. This 7 Friday. 8 COMMISSIONER LETZ: This Friday in Uvalde. 9 And the reason, I was on the committee to -- on that 10 one, and they -- and Uvalde requested it. Because it's 11 been in Kerr County the last two years and they said 12 could they have it back for a year. I'm not going to 13 say no to other people putting it on so that's why it's 14 back in Uvalde, but it'll -- I think it'll be back here 15 probably next year. Because they -- you know, we're 16 central. 17 COMMISSIONER MOSER: Well, I think that 18 annual on some of these things is a good idea, Judge. 19 Others is right after the legislative session, like the 20 big changes in the budget process. 21 JUDGE KELLY: Yeah. Well, that's why we 22 went and -- because of the legislative update session 23 that we went to. 24 MRS. STEBBINS: Well, and -- but alternating 25 years. I could offer you Open Meetings Act training, 145 1 public information training. I can work with HR like we 2 have in the past to offer other types of trainings to 3 elected officials and employees, depending on what y'all 4 want. But you can -- if there's something in particular 5 that you would like us to prepare, Jennifer and I worked 6 real hard to prepare the last training and it went very 7 well and had good attendance. 8 COMMISSIONER MOSER: It was good. Extremely 9 well. 10 MRS. STEBBINS: So I can do that. 11 JUDGE KELLY: Well, I don't think we can get 12 too much training, quite frankly. 13 COMMISSIONER BELEW: And this is one -- it's 14 not a big thing, but it's one small way that we can help 15 create tourism in Kerr County, to host those things. 16 COMMISSIONER LETZ: Judge, I've gotta run 17 and -- 18 JUDGE KELLY: Okay. 19 COMMISSIONER MOSER: Yeah, he's gotta go. 20 JUDGE KELLY: We don't have anything for 21 Executive Session? 22 MRS. STEBBINS: Nope. 23 JUDGE KELLY: Okay, Court will be adjourned. 24 * * * * * * 25 146 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 18th day of December, A.D., 10 2019. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/31/2021 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25