1 1 2 3 4 KERR COUNTY COMMISSIONERS' COURT 5 Regular Session 6 Monday, January 13, 2020 7 9:00 a.m. 8 Commissioners' Courtroom 9 Kerr County Courthouse 10 Kerrville, Texas 78028 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioner's Comments. 5 4 1.1 Consider, discuss and take appropriate 10 action to authorize the Environmental 5 Health and Animal Services Director to reduce the annual registration fee to 6 $1.00 during the Annual Rabies Vaccination Clinics being held February 1 through 7 February 15, 2020, and allow signage regarding the same to be placed on the 8 courthouse lawn. Current fees are $5.00 (neutered/spayed) and $10.00 (non-neutered/ 9 spayed). 10 1.2 Consider, discuss and take appropriate 14 action to approve the Resolution regarding 11 the Crime Victims' Services Grant renewal through the office of the Governor for the 12 Victims' Rights Office. 13 1.3 Discussion regarding liaison positions for 16 2020, and review of liaison policies. 14 1.4 Consider, discuss and take appropriate 25 15 action to set workshop dates. 16 1.5 Consider, discuss and take appropriate 34 action to approve contract with Ingram 17 Volunteer Fire Department, Tierra Linda Volunteer Fire Department, Elm Pass 18 Volunteer Fire Department, and Hunt Volunteer Fire Department, and allow 19 County Judge to sign same. 20 2.1 Pay Bills. 35 21 2.2 Budget Amendments. 36 22 2.3 Late Bills. 36 23 2.5 Accept Monthly Reports. 37 24 2.6 Court Orders. 40 25 3 1 I-N-D-E-X 2 NO. PAGE 3 4.2 Consider, discuss and take appropriate 41 action on providing clarification of elected 4 official longevity court order #37659. 5 1.6 Consider, discuss and take appropriate 46 action regarding the 381 Agreement between 6 Kerr County and James Avery Craftsman. 7 1.7 Consider, discuss and take appropriate 51 action regarding the pathway from Veterans 8 Administration Hospital to Flat Rock Park. 9 1.8 Consider, discuss and take appropriate 57 action for the Commissioners' Court to 10 approve the General Contract from JCW Construction, LLC for guardrail repair at 11 Cade Loop Road and Hermann Sons Road, Hoot Owl Hollow, and Lazy Valley Road. 12 1.9 Public Hearing for a revision of plat for 63 13 Houston Estates Tract 1A, Plat File No. 16-07621. 14 1.10 Consider, discuss and take appropriate 64 15 action for the Court to approve revision of plat for Houston Estates Tract 1A, Plat 16 File No. 16-07621. 17 1.11 Consider, discuss and take appropriate 65 action to open and receive bids for the 18 2020 Road Reconstruction Project and read the bids aloud and refer the bids to the 19 County Engineer for tabulation, and award to the lowest qualified bidder. 20 1.12 Consider, discuss and take appropriate 68 21 action to open and receive bids for the Airport Hangar C, Hangar D, and Terminal 22 Reroofing Projects due to damage from the May 2019 hailstorm, read bids aloud, refer 23 bids to the County Engineer for tabulation, and award each project separately to the 24 lowest qualified bidder. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.13 Consider, discuss and take appropriate 72 action for the Court to approve a final 4 plat for Tortuga Arroyo Estates, accept a performance bond for associated construction 5 improvements, and authorize County Judge to execute the same. 6 1.14 Consider, discuss and take appropriate 74 7 action to set a public hearing for 10:00 a.m. on 2/24/20 to adopt a new Kerr County 8 Flood Damage Prevention Order which revises the previous Order No. 32024 to include 9 changes made by the Federal Emergency Management Agency to the Kerr County Flood 10 Insurance Study and Flood Insurance Rate Maps 0600G, 0625G, 0650G, 0750G, and 0775G dated 11 May 15, 2020, (South Kerr County Medina ` Watershed). 12 1.15 Consider, discuss and take appropriate 75 13 action for the Court to authorize the County Clerk to publish notice of Kerr 14 County's intent to establish base flood elevations, the base floodplain, and the 15 regulatory floodway in Flood Insurance Rate Map No. 48265C0700F as prepared and 16 submitted by the Kendall County Engineering Department for a portion of Cypress Creek 17 in the vicinity of Bartel and Gaddis Bluff Road in Precinct 3. 18 1.11 Consider, discuss and take appropriate 81 19 action to open and receive bids for the 2020 Road Reconstruction Project and read 20 the bids aloud and refer the bids to the County Engineer for tabulation, and award 21 to the lowest qualified bidder. 22 *** Adjournment. 84 23 *** Reporter's Certificate. 85 24 * * * * * * 25 5 1 JUDGE KELLY: Good morning. It is Monday, 2 January the 13th, 2020. It's nine o'clock in the 3 morning and the Kerr County Commissioners' Court is now 4 in session. Please stand for the pledge and the prayer, 5 which will be by Commissioner Harris. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE KELLY: Be seated. I apologize, we've 8 already had a busy morning. The County's been served 9 with a new federal lawsuit, and we have continued our 10 Mass Gathering Permit hearing till 10:30 for -- because 11 our applicant is not here yet. So with that, we're 12 ready to begin the business of the day. 13 This part of the meeting is where we have 14 our public input. If there's anyone who would like to 15 address the court, this is your opportunity. We ask 16 that if -- whatever you want to address the Court is the 17 topic of an agenda item to please wait and address us at 18 the time the agenda item is called. Otherwise, this is 19 your opportunity to come talk to the Court about any 20 matter that you would like. Is there anyone who would 21 like to address the Court? 22 Okay then, we will go to Commissioners' 23 comments. Let's start with Precinct 4 today. 24 COMMISSIONER HARRIS: Okay. You faked me 25 out. 6 1 COMMISSIONER MOSER: That's kind of like a 2 quarterback looking to throw the ball early. 3 JUDGE KELLY: That was a DeRozan(phonetic) 4 move. 5 COMMISSIONER HARRIS: We could always use 6 more rain. We're in a countywide burn ban. So we can 7 use the rain. Everything's been hurry up and wait. The 8 stock show started yesterday with the gilt show and so 9 that's pretty much going to keep a lot of our attention 10 this week. I know most of us are helping out there in 11 one capacity or another. 12 I'll be helping with the Ag Mech show. 13 They're coming -- arriving today and the big show is 14 tomorrow. Again, I encourage y'all to go see what these 15 kids build and design. And it's a statewide contest, so 16 they're from all over the state. It's not just our 17 County kids. And really look at that stuff. They also 18 have a cutting torch contest. That will probably start 19 at nine, ten o'clock in the morning, which is kind of a 20 fun spectator sport. And our local youth usually do 21 pretty well on that. 22 JUDGE KELLY: Just a clarification on time. 23 I'm hearing -- heard conflicting times and I'm trying to 24 work on my schedule. 25 COMMISSIONER HARRIS: Okay. Well -- 7 1 JUDGE KELLY: The Ag Mech is at 8:00? 2 COMMISSIONER HARRIS: It starts at 8:00 in 3 the morning, but -- 4 COMMISSIONER BELEW: The judging starts at 5 8:00. 6 COMMISSIONER HARRIS: The judging starts at 7 8:00. But it'll go on through most of the day. And you 8 can come anytime through the day, even while they're 9 judging you. I mean, you can walk around and visit and 10 look -- talk with the kids and what have you. And 11 they're -- a lot of them are going to be -- they're 12 going to reel you in. You get within ten feet, they're 13 going to reel you in because it's part showmanship. 14 They're judged on showmanship. So they're -- they want 15 to tell you about their stuff. The ones that are 16 competitive in that division. But if you want to see 17 the cutting torch and the others, you know, come out 18 there around ten o'clock or -- between 10:00 and 2:00 19 probably. 20 COMMISSIONER BELEW: And they announce the 21 winners at 4:00. I read that. 22 COMMISSIONER HARRIS: Yeah, exactly. Four 23 o'clock is the winners. 24 JUDGE KELLY: That's why I'm trying to get 25 clarification of time. I see lots of times. 8 1 COMMISSIONER HARRIS: Yeah. We have 2 scholarships available to them and what have you. 3 Welding School usually provides a few of those and what 4 have you. 5 COMMISSIONER MOSER: So it's an all day 6 event. 7 COMMISSIONER HARRIS: Yeah, it is. 8 JUDGE KELLY: Okay. Precinct 3. 9 COMMISSIONER LETZ: Sorry I missed the 10 cowboy breakfast on Friday, but I spent the weekend in 11 Dallas and I'm just really glad I live in Kerr County. 12 It's a nightmare up there. But I had a good time while 13 I was there. I thought the rain was -- I wasn't here. 14 I thought the rain was more general than it was. We had 15 1.1 inches, and I've talked to some others and they -- 16 that live in this area and said they had none. 17 JUDGE KELLY: We had one drop. 18 COMMISSIONER LETZ: Yeah. So I feel very 19 fortunate that we did get a little bit of rain but most 20 of the county still needs that rain quite a bit and we 21 still need it as well. I believe Thursday it looks like 22 another pretty decent chance. And just encourage 23 everyone to come out to the shock show this weekend. 24 It's a lot of fun. 25 JUDGE KELLY: Two. 9 1 COMMISSIONER MOSER: Let's see. We had 2 seven-tenths of an inch of rain at my place. So other 3 people I think a little bit further west got -- I heard 4 a tenth of an inch or something. And so that's good. 5 And it was extremely appreciated. 6 Three or four other things. Charlie 7 Hastings and I met with -- and Kelly met with TxDOT the 8 other day on the off system bridge. We've got several 9 issues that three bridges in the County -- two bridges 10 in the County of which they've done some work and we're 11 going to have to bring -- bring that forward to decide 12 how to -- we want to do the work or reimburse TxDOT. 13 But it's going to be -- going to be a little bit of an 14 issue. And they're holding up moving out on Witt Road 15 bridge until we get those things resolved. So just a 16 heads up on that. 17 The TCEQ hearing for Martin Marietta on the 18 rock crusher thing that has been in the news, that 19 public hearing is now March the 23rd. It's been set for 20 that. And the Castlecombs issue with their central 21 sewer septic system has been a little bit of an issue 22 here lately. So that may -- percolate up, pardon the 23 pun, but could be. So that's it for Precinct 2. 24 JUDGE KELLY: Okay. Precinct 1. 25 COMMISSIONER BELEW: No rain for most of 10 1 Precinct 1. But Precinct 1 is still making Kerr County 2 great again. Just remember that. More fun in Precinct 3 1. 4 COMMISSIONER MOSER: You gotta cap? 5 JUDGE KELLY: Okay. What I have to report 6 for on behalf of the County is on Friday, Bruce Motheral 7 and I went to Hondo to see the demonstration of the 8 video and audio system that they have there at the 9 Medina County Courthouse and were impressed. We're 10 working with the vendor to bring a demonstration here. 11 And I -- I can say that on our trip back on 12 Friday afternoon, we encountered the storm. We found 13 the storm. Those of you that missed it, we had it. And 14 it was pretty much centered right over the top of the 15 Bandera pass. We could see the front of the truck from 16 the windshield, that was about it. We did feel a couple 17 of minor hail pellets but we drove through it pretty 18 quickly. And it rained pretty good until we got about 19 to -- just past the Kerr County line and it stopped. So 20 I think it was a Bandera/Kendall County rain. That's 21 all I've got. Is there anything else we need to report 22 today? 23 Okay. Let's go to the Consideration Agenda. 24 Item 1.1 Consider, discuss and take appropriate action 25 to authorize the Environmental Health and Animal 11 1 Services Director to reduce the annual registration fee 2 to one dollar during the Annual Rabies Vaccination 3 Clinics being held February 1 through February 15, and 4 allow signage regarding same to be placed on the 5 courthouse lawn. And the current fees are at five 6 dollars for neutered/spayed and ten dollars for 7 non-neutered/spayed. Is that correct? 8 MR. GIVENS: Yes, sir. And this is -- we do 9 annually. It's something we participate in and it's 10 really some of the local vets that -- that do the actual 11 rabies drive. But we participate with some -- we'll on 12 the 1st be at a couple locations. One of them is the -- 13 I believe Turtle Creek -- 14 COMMISSIONER BELEW: Fire department. 15 MR. GIVENS: -- fire department, and then 16 the other one -- Nicole told me where the other one was. 17 Do you happen to know where that is? 18 MRS. HUGHES: I'm sorry? 19 MR. GIVENS: Where the other location is? 20 Turtle Creek and -- 21 MRS. HUGHES: I do not. 22 MR. GIVENS: I can't remember where the 23 other location was. 24 MRS. HUGHES: Yeah, it's the fire station, I 25 believe. 12 1 MR. GIVENS: But we'll be helping out with 2 doing some microchipping and some registration stuff. 3 Basically, we're lowering the price of registration to a 4 dollar for that -- for two weeks. It's kind of a 5 promotion to get people to register their pets. 6 JUDGE KELLY: And so you need us to just 7 approve? 8 MR. GIVENS: Yes, sir. And then also the -- 9 we do have a sign. It's a pre-made sign that we put out 10 each year here at the courthouse. We just change the 11 dates on it. So we're -- we got that in the works. And 12 we'll need to put that up as well. 13 COMMISSIONER HARRIS: Okay. I move for 14 approval. 15 JUDGE KELLY: We're going to move for 16 approval of the event and of the signage? 17 COMMISSIONER HARRIS: Uh-huh. 18 JUDGE KELLY: Okay. Any further discussion? 19 COMMISSIONER BELEW: I have -- I need a 20 clarification about the spay/neuter. 21 MR. GIVENS: Yes, sir. 22 COMMISSIONER BELEW: That's going to happen 23 for ten dollars? 24 MR. GIVENS: No. No, that's -- 25 COMMISSIONER BELEW: What's going to happen? 13 1 MR. GIVENS: It's just -- this is just our 2 fees. So normally our fees are five dollars if the -- 3 if your animal is spayed or neutered. 4 COMMISSIONER BELEW: Is spayed or neutered. 5 MR. GIVENS: And it's ten if it's not. 6 COMMISSIONER BELEW: Okay. 7 MR. GIVENS: So we're doing it down to one 8 regardless, one dollar. 9 COMMISSIONER MOSER: Is it for the entire 10 period, February 1st through the 15th? 11 MR. GIVENS: Yes, sir. 12 COMMISSIONER MOSER: So essentially two 13 weeks? 14 MR. GIVENS: Yes. 15 COMMISSIONER MOSER: Okay, good. One other 16 real quick question. Probably can't get into too much 17 detail. But some people -- it's been a lot of 18 publication, I think, and all about rabies vaccination 19 every year being too much for animals. Do you have any 20 opinion -- position on that? Or is it still debatable? 21 MR. GIVENS: I think it's still debatable. 22 COMMISSIONER MOSER: Okay. 23 MR. GIVENS: I'm not a veterinarian, but you 24 know, some say that it's okay to -- to do a vaccination 25 yearly. Some say that it's best not to. I've been told 14 1 that over time the older an animal gets the less 2 susceptible it is to -- the more the shot seems to 3 affect it over time, kind of like -- 4 COMMISSIONER MOSER: I see. Okay. 5 MR. GIVENS: But you got arguments on both 6 sides that say it's bad and some say it's -- it doesn't, 7 so -- 8 COMMISSIONER MOSER: Okay, good enough. 9 Thanks. 10 JUDGE KELLY: Okay, we've got a motion by 11 Commissioner Harris. Do we have a second? 12 COMMISSIONER LETZ: Second. 13 JUDGE KELLY: Seconded by Commissioner Letz 14 to approve the event and the signage. Is there any 15 other discussion? Those in favor raise your hand. 16 Unanimous, five zero. 17 Item 1.2 on the agenda consider, discuss and 18 take appropriate action to approve the Resolution 19 regarding Crime Victims' Services Grant renewal through 20 the office of the Governor for the Victims' Rights 21 Office. Ms. Peter. 22 MS. PETER: Good morning. 23 JUDGE KELLY: Good morning. 24 MS. PETER: This is just our standard 25 procedure prior to applying officially for the grant, 15 1 which will happen in February. I'm happy to read it, if 2 you would like for me to. That's -- I'll leave that up 3 to you. But essentially, this is just informing the 4 Court and allowing the Court to make a decision about us 5 applying. 6 COMMISSIONER LETZ: Well, it's pretty 7 standard, straightforward. I don't know what -- 8 JUDGE KELLY: This is pretty much a renewal 9 but it's on a one-year basis. Is that right? 10 MS. PETER: It's going to a one-year basis 11 and there are a few other little changes that are 12 happening that I'll be talking to y'all about as we go 13 through this. 14 JUDGE KELLY: But this is the -- the 15 approval to get the grant application filed? 16 MS. PETER: That is correct. 17 JUDGE KELLY: Timely filed? 18 MS. PETER: Yes. 19 COMMISSIONER LETZ: I move for approval for 20 the Resolution. 21 COMMISSIONER MOSER: Second. 22 JUDGE KELLY: Okay. It's been -- motion 23 made by Commissioner Letz, seconded by Commissioner 24 Moser to approve filing of the application for the 25 grant. Any other discussion? 16 1 COMMISSIONER MOSER: And approve the 2 resolution. 3 JUDGE KELLY: And approving the resolution. 4 COMMISSIONER MOSER: Uh-huh. 5 JUDGE KELLY: Okay. There being none, those 6 in favor raise your hand. Unanimous, five zero. Thank 7 you, Ms. Peter. 8 MS. PETER: Thank you. 9 JUDGE KELLY: Item 1.3 consider, discuss and 10 take appropriate action to set workshop dates. I put 11 this on the agenda, because we've got a -- as they like 12 to say, plethora of things to talk about. 13 COMMISSIONER LETZ: Judge, you skipped 1.3. 14 Maybe you wanted to skip 1.3. 15 JUDGE KELLY: No, I didn't want to skip 1.3. 16 Let me go back to it. 1.3 discussion regarding liaison 17 positions for 2020 and review of liaison policies. I 18 think both of us had put this on the agenda. 19 COMMISSIONER LETZ: Yeah. Just our standard 20 thing we do in January, to look at them and see if 21 there's any changes. This year I don't see any changes. 22 I think there will be some for next year, maybe rotate 23 around a little bit. 24 COMMISSIONER BELEW: We -- we changed them 25 midyear last -- 17 1 COMMISSIONER LETZ: We basically made some 2 adjustments midyear. We tweaked them midyear. 3 COMMISSIONER BELEW: Yeah. 4 COMMISSIONER LETZ: But we kind of -- in 5 January we usually look at it. I mean, it's just our 6 standard time to look at them. 7 COMMISSIONER MOSER: Looks okay to me. And 8 as does the responsibilities the way its been 9 documented. So we -- 10 COMMISSIONER BELEW: Well, I would ask -- 11 I'm sorry, Tom. Go ahead. 12 COMMISSIONER MOSER: No. Go ahead. 13 COMMISSIONER BELEW: Is it a good idea -- on 14 some of these there's just -- for example, Victims' 15 Services, only the Judge. Public relations, only me and 16 so on. Is that a -- is that a best practice, or should 17 we look at having two on everything? We're not always 18 available for just one of us. 19 COMMISSIONER HARRIS: Exactly. But on -- on 20 the other hand, let's say PR, that's yours by yourself, 21 right? 22 COMMISSIONER BELEW: Uh-huh. 23 COMMISSIONER HARRIS: Maybe you need to talk 24 to one of us, but if there was two already on there, 25 you'd be limited. 18 1 COMMISSIONER BELEW: That's true. 2 COMMISSIONER HARRIS: And that's the other 3 side of the point with those types of limits if there's 4 more than one. So it could go both ways. 5 COMMISSIONER BELEW: It's just a question, 6 so -- 7 COMMISSIONER MOSER: Let's say if we need 8 two, get two. I -- I think it's working okay. So do we 9 need to have a motion or approval for this? 10 COMMISSIONER LETZ: I think we have in the 11 past as I recall. Just so it's in the record, but -- 12 COMMISSIONER MOSER: Okay. 13 COMMISSIONER LETZ: I make a motion that we 14 approve the liaison -- Commissioner Liaison positions 15 and policies as presented. 16 COMMISSIONER HARRIS: Judge, do you have -- 17 JUDGE KELLY: Yeah, I do. I've watched the 18 policy from the blue seats. I've lived the policy 19 sitting in the black seats. And one of the things that 20 I find is that we still have a lot of things that none 21 of the rest of us know about until it makes this open 22 court public agenda, which causes me little bit of 23 concern. And I like to -- you know, I -- as everybody 24 knows, I don't like surprises, and I confess that. I 25 like to know what's going on before we come in here. 19 1 And when we have the two -- the two Liaison 2 Commissioners, frequently we don't. We've got -- we did 3 real good there I thought last year when we had the 4 Thursday morning meetings and we did the information 5 agenda. I thought that was very helpful. We've kind of 6 gotten away from that because the intermittent Mondays 7 where we've moved it from Thursdays to the intermittent 8 Mondays, if you look at it, it's just become another 9 regular agenda. And so we really don't have a forum to 10 discuss things before we have to make decisions. And 11 so, just like this morning we're going to come in and 12 we're we going to vote this. We're going to keep -- 13 stay with the -- the two liaison commissioner system 14 that's, you know, as -- as they love to say in county 15 government, the way we've always done it. And I was 16 kind of hopeful that maybe we could have a discussion 17 about various commissioners taking the lead in certain 18 areas so that we know who to talk to about that area. 19 Because once two have talked about it, it's done. We 20 can't say another word -- 21 COMMISSIONER BELEW: That's your point. 22 JUDGE KELLY: -- until we show up in here. 23 COMMISSIONER MOSER: Uh-huh. 24 JUDGE KELLY: But, you know, it's -- it's 25 the pleasure of the Court and what you want to do. 20 1 COMMISSIONER LETZ: Let me withdraw my 2 motion quickly so we can talk about this more so we can 3 think about it. I don't have any strong preference. I 4 think that there's benefit to having one designated 5 commissioner. Because that does allow a lot more 6 flexibility, you know, to talk to somebody on a specific 7 issue, if need be. It's like the Federal lawsuit that 8 came in today or -- or Friday. It's just another one 9 that Rusty caused. But -- if it's the one that I'm 10 thinking of. But if that was a -- you know, related to 11 something in public relations and we had two 12 commissioners on it, that person couldn't be talked to 13 about it without coming to Court. So there is -- it is 14 difficult. So if you only have one, then it puts more 15 of a burden on that one Commissioner to talk to the 16 other Commissioner that may be the most, you know, 17 necessary on a specific issue. 18 JUDGE KELLY: And I agree. I -- I like 19 knowing who the go-to person is on any given topic. I 20 really do. And the best example of that is we've been 21 working on the capital improvement planning committee. 22 When it comes to Animal Services, Animal Control, I 23 don't think there's any doubt on this Court, I don't 24 think there's any doubt at this courthouse, I don't 25 think there's any doubt here in the community that 21 1 Commissioner Letz is the go-to person to talk about 2 that. So when we started putting together our 3 assignments and doing the assessments with regard to 4 these improvements, these proposed improvements, we put 5 -- we took a representative from -- a lay representative 6 from the committee and Commissioner Letz on that issue, 7 because that is the most effective dialogue regarding 8 that topic. And so all I'm saying is, that I kind of 9 like the idea of knowing that you're PR, and if we have 10 a PR question, I'm going to jingle your phone. And if 11 we -- you've already talked to somebody else, you can 12 say, Judge, you know, you're number three on the list, 13 let's go to court. And -- and, you know, a lot of this 14 has to do with historically, back when you as the 15 commissioners were doing a lot more of the day-to-day 16 management of these departments, and it took more than 17 one of you to keep up with it. Maybe -- maybe I'm 18 overly optimistic, but I -- I like the way the Court is 19 operating and I think we're being very efficient about 20 things. I think we could be a little bit more directed 21 and specific about this. And so, I think everybody 22 knows what -- what your interests are, what your -- what 23 your strengths are. And so, I was just suggesting that 24 maybe we discuss who oughta be the point person for 25 what. And still encourage that when we come in here, 22 1 when we've had the opportunity to have the information 2 agenda and discuss things where we do our department 3 heads and our elected officials and liaison commissioner 4 reports, that we've got the -- the -- the authoritative 5 voice on that department or that office or that topic to 6 talk to the rest of us and brief us on where we are. 7 COMMISSIONER HARRIS: Can I make a 8 suggestion? I know that Jonathan and I are paired up on 9 several of them. And could we -- give us some time to 10 him and I talk, maybe we confer whether -- if we want to 11 go back -- one of us take it and the other one take the 12 other one or something like that and come back at a 13 later time and -- 14 JUDGE KELLY: I would encourage that we all 15 do that and -- and just informally among ourselves talk 16 about what is it that -- that we see that we have -- we 17 can bring the most to the table for the benefit of the 18 entire court and the community. 19 COMMISSIONER MOSER: Sure. So what -- what 20 you're saying, Don, is let's talk about this and then 21 bring this up. 22 COMMISSIONER HARRIS: Yeah. I know you and 23 Harley are the same ones like on technology. 24 COMMISSIONER MOSER: Right. 25 COMMISSIONER HARRIS. Y'all discuss it and 23 1 come back with consensus of -- 2 COMMISSIONER MOSER: Jonathan and I are both 3 on the KEDC Board, but we both are there. So it's 4 probably a place where we oughta have both of us being 5 there. 6 COMMISSIONER HARRIS: I agree. I agree. 7 COMMISSIONER LETZ: There's different -- 8 there's different areas. 9 COMMISSIONER MOSER: Sure. 10 COMMISSIONER LETZ: And if you look at -- 11 it's probably almost easier for the county department to 12 have it one. But if it's not, it's -- it may be one or 13 it may be two. Kind of depends on what it is. 14 JUDGE KELLY: Well, and I'd like to use IT 15 as an example. We brought that up. I had the pleasure 16 of spending a half a day with Bruce driving to Hondo and 17 back and we had a great visit. I didn't know that we 18 had so many things in common. He's a sailor, too. But 19 the bottom line is when I sit in the blue seats starting 20 a couple years ago, we had a lot of IT issues and it was 21 keeping our two liaison commissioners busy almost full 22 time. And to the credit of our present director of IT, 23 that's no longer the case. Everything's humming along 24 just fine. And so in that -- in that situation, do we 25 really need to dedicate the services of two when it 24 1 looks like one's probably good enough for right now. If 2 we get to the point that we've got to roll our sleeves 3 up, devote a little bit more time, let's put another one 4 on. That sort of thing. 5 COMMISSIONER BELEW: Well, there are 6 examples like the one that you're on, Judge, MHDD. 7 You're the obvious choice. And, for example, if 8 somebody asked me to help out, I don't know what good 9 I'd be other than relaying messages. So I don't have 10 any kind of insight or expertise in that area. And so 11 some of these make sense, like you said, because of 12 somebody's strength. And if we don't feel adequate to 13 it, then we should probably ask to be taken off of it or 14 switched or add somebody to come along side of us and 15 help out. 16 COMMISSIONER MOSER: I think what Jonathan 17 said is -- is good. It's -- for things that are 18 internal, department heads, let's look at it and talk 19 amongst ourselves and see if we can get it down to one. 20 Things that are external may need more than one. Like 21 AACOG, you know, probably should have more than one 22 person there. Perhaps. But I think in some of the 23 external ones two people are -- could be of benefit to 24 the organization. And then come -- come back and see 25 where we can do the -- pare that down. 25 1 COMMISSIONER HARRIS: Sounds good to me. 2 COMMISSIONER LETZ: Okay. 3 JUDGE KELLY: So we're going to pass it for 4 future discussion? 5 COMMISSIONER MOSER: Yeah. It's a good 6 subject though. 7 COMMISSIONER LETZ: Bring it back on the 8 26th? 9 COMMISSIONER MOSER: Sure. 10 COMMISSIONER HARRIS: That will give us 11 time. 12 JUDGE KELLY: Item 1.4 consider, discuss and 13 take appropriate action to set workshop dates. We got a 14 lot of workshops working here. And I think it -- I 15 think it's worthwhile for us to discuss what these are. 16 And we might not be able to set dates today, but this is 17 something that we need to discuss among ourselves to set 18 dates. And I'll start with the one that we did on 19 Friday. We went down to look at the court recording 20 system they have in Medina County. And it's -- it's a 21 little different. But it has a lot of advantages and 22 disadvantages. Something certainly worthy of us taking 23 a look at. But it's going to take -- we spent -- I 24 think our appointment was at 2:30 and we didn't get out 25 of there until close of business. So it'll take a 26 1 couple of hours to go through all that. These are not 2 necessarily long workshops. I think shorter, more 3 focused workshops are better than long multi-topic 4 workshops. But you can see what -- what Jody has passed 5 out here. And on -- as you look at it, you look up 6 there at the CIP, the Capital Improvement Planning, 7 we've got the real estate acquisition. We also have an 8 overview. One of the things that Commissioner Letz and 9 I are working on with them. And I know I saw Ms. Hughes 10 is here on that committee. 11 Last week, Peter and I met with -- Peter 12 Lewis and I met with the owner of the property, who 13 wants to come talk to the CIP this week. We'll be 14 talking to the CIP Wednesday afternoon, at one o'clock. 15 And the CIP is anxious to come to the Court and let you 16 know what they're doing and what they're thinking about 17 and -- and properties that they're interested in and 18 trying to figure out how we try to -- if we can tie up 19 these properties through a bond issue, a bond election, 20 to see whether or not it passes so that we -- we have 21 some available places to do things that we presently 22 don't have. Because we have exhausted the space that we 23 have. And so if you look at CIP, not only do we have a 24 bond and financing and land acquisition, they actually 25 want to come I think on February the third, it is, and 27 1 start talking about some potential contract negotiations 2 which would be in executive session and visit with you 3 about what they're doing. Which I think would benefit 4 the Court. 5 COMMISSIONER MOSER: Are the highlighted 6 things, are those -- what's the purpose of being 7 highlighted? 8 MRS. GRINSTEAD: Those were just added after 9 the fact. Everything that's not highlighted was in the 10 backup that I originally give you. The highlighted 11 items were added after. 12 COMMISSIONER MOSER: Oh, I see. Good. 13 Okay. 14 COMMISSIONER LETZ: The other thing on the 15 CIP thing on the 3rd is make sure the committee isn't 16 going in one direction and then the Court wants to go in 17 a different direction. 18 COMMISSIONER MOSER: Okay. 19 COMMISSIONER LETZ: And make sure that -- 20 because we don't want to waste a lot of time. 21 COMMISSIONER MOSER: Sure. Right. 22 COMMISSIONER LETZ: So it's kind of a -- an 23 here we are -- 24 COMMISSIONER MOSER: Good point. There's a 25 good list here. I -- I'd like to add something to the 28 1 list, too, and that is budget workshops. I think it's 2 -- we don't have to -- and I mentioned to Tanya before 3 the meeting, we oughta -- it would be good to have at 4 least approximately when the budget workshops are going 5 to be because people try to do things during the summer 6 and there's some workshops that are more important than 7 others. 8 JUDGE KELLY: We did that last year. 9 COMMISSIONER MOSER: Yeah, but I'm just 10 saying as we schedule things -- 11 JUDGE KELLY: We didn't do it this early but 12 we did it -- 13 COMMISSIONER MOSER: Yeah, but we oughta put 14 that on our list to schedule that, too. 15 JUDGE KELLY: Got it. 16 COMMISSIONER MOSER: Got it. Okay. 17 COMMISSIONER LETZ: And the other thing 18 under animal services, we need to have a workshop on 19 feral cats. 20 JUDGE KELLY: And that's a dedicated 21 workshop. 22 COMMISSIONER LETZ: And that's probably 23 March. I've talked to a couple of people -- 24 COMMISSIONER HARRIS: Why? 25 COMMISSIONER LETZ: Why? Just timing wise. 29 1 It's just -- it needs to be addressed prior to -- 2 COMMISSIONER BELEW: Kitten season. 3 COMMISSIONER LETZ: Well, prior to -- it 4 will impact the Interlocal Agreement with the City. 5 Okay. For one thing. It's -- because it's a big -- 6 it's a piece of that. It also -- some of the people 7 that I'd like to invite need some pretty advance notice. 8 I've talked to one of them and a couple of others. And 9 I think we need to have several people, different -- you 10 know, it's -- it's a big problem. 11 But I got a call, and this is just an 12 example of, from a lady in my precinct in the city 13 limits, just didn't know what to do and I said well, you 14 know, in the city there is a four pet limit under 15 ordinance. And I said I can turn it into the City and 16 they will investigate. Because we can't -- aren't going 17 to do anything with it under the contract, but the City 18 can. So -- and she had no idea there was a limit like 19 that. So, you know, things like that. But we just need 20 to get that whole topic out there, that it does impact 21 the city and their ordinance and does impact a lot of 22 other things as to how you tackle it long term and short 23 term. So pretty lengthy. It's more of an educational 24 workshop in my mind. Different options and how to 25 proceed. Because it is a problem. 30 1 COMMISSIONER BELEW: You just addressed part 2 of it and that is information. So the more of that kind 3 of information that people are aware of, the fewer calls 4 you get, the more people try to fall in line, at least 5 according to the ordinance. 6 COMMISSIONER LETZ: Right. And the intent 7 that I have is an educational workshop. It's not trying 8 to solve the problem and say here's solutions, you're 9 listening to experts. Now we make a discussion and the 10 City makes a decision. 11 COMMISSIONER HARRIS: Okay. We need to have 12 that one in March. How are we go to prioritize these 13 others? 14 JUDGE KELLY: Well, that's -- that's -- part 15 of the discussion here is not only to prioritize them, 16 and maybe tentatively schedule them, but quite frankly, 17 we're not going to have enough intermittent Mondays 18 between regular Commissioners' Court meetings to do 19 this. We're going to have to find other days. We have 20 a lot to do. 21 COMMISSIONER BELEW: Now, is this -- the 22 vehicles on here, these are County vehicles that we need 23 to do something with or what? What's this about? 24 COMMISSIONER LETZ: Probably whether we buy, 25 lease or -- buy or lease, I'm guessing. 31 1 COMMISSIONER BELEW: Okay. So decision 2 looming. But that's a budget -- 3 COMMISSIONER LETZ: I don't know whether -- 4 MRS. GRINSTEAD: That's what it was on 5 originally for. 6 COMMISSIONER BELEW: Wouldn't that be part 7 of our budget discussion? 8 JUDGE KELLY: Could be. 9 COMMISSIONER BELEW: Couldn't we include it 10 on there? 11 COMMISSIONER HARRIS: Well, one thing, I -- 12 I wanted last year and never really got it, but each 13 department to turn in what they do have. Year, model, 14 mileage, all that kind of stuff. 15 COMMISSIONER MOSER: Now you're getting into 16 the details of it. And we're just trying to look dates 17 here. 18 COMMISSIONER HARRIS: Yeah. Exactly. 19 COMMISSIONER MOSER: Yeah. Okay. 20 JUDGE KELLY: Well, and all of these can be 21 refined. What we're trying to do here is to initiate a 22 discussion so that we can flush out what it is that we 23 need to do with the understanding that you can just look 24 at this one page and see that we're talking about a 25 dozen workshops as we go into the budget season. And 32 1 probably at least two, if not three budget workshops. 2 COMMISSIONER LETZ: Judge, why -- to -- to 3 move this along, this is one I think almost we pass on 4 today and maybe either you or Jody -- and let each of us 5 talk to Jody about it, the potential schedule that we 6 have, and try to create a schedule by the 26th. And 7 then we can argue about the schedule. 8 COMMISSIONER MOSER: I think that's a good 9 point too. 10 COMMISSIONER BELEW: Priority for me. 11 COMMISSIONER LETZ: You know, you can talk 12 to Jody about what you think the important ones are, 13 which -- which can be combined, which are short ones or 14 long ones. And then kind of -- kind of put it off that 15 way as to -- because we can take -- you know, this can 16 take a lot of time today for -- and that's not -- 17 COMMISSIONER MOSER: Take -- take an hour, I 18 guess. 19 COMMISSIONER BELEW: I'll tell you this, 20 I've been really surprised at how many people have 21 brought it up to me, what's going to happen with the 22 courthouse properties, what's this committee doing, what 23 they're looking into, what are we going to be spending 24 money on with -- completely unsolicited. So it is -- 25 that's a top of minutia for a lot of people. 33 1 COMMISSIONER LETZ: And that -- well, that 2 one's set. That's February 3rd. We're doing that one. 3 COMMISSIONER BELEW: Well, I was just kind 4 of surprised by it. Yeah. 5 COMMISSIONER LETZ: Yeah. 6 COMMISSIONER BELEW: The level of interest. 7 JUDGE KELLY: Well, I think we're all 8 pleasantly surprised by it. And -- and let me report 9 that I'm very pleasantly surprised with the committee. 10 These people are taking their job seriously. They are 11 enthusiastic. They are volunteering to do above and 12 beyond the duty. I mean, she is out here, who has -- 13 when we needed an inventory to know how much storage 14 we're using in order to know what kind of storage needs 15 we have, she volunteered to do it and is faithfully and 16 diligently doing this. If anything I will tell you that 17 Commissioner Letz and I are having to reign in the 18 committee rather than spur the committee on to do 19 things. I think even Jody will tell you that we come 20 back from each meeting and -- and they're already two 21 weeks, three weeks, four weeks ahead of us in what 22 they're doing. And at the time for not only the Court, 23 but even the public to start hearing some of the ideas 24 that are being kicked around at this level because it's 25 very productive. Very fruitful. I didn't misspeak, did 34 1 I, Ms. Hughes? 2 MS. HUGHES: I'm sorry? 3 JUDGE KELLY: I didn't misspeak, did I? 4 MS. HUGHES: No, sir. 5 COMMISSIONER MOSER: Okay. So we have a 6 plan. 7 JUDGE KELLY: So we'll pass that and report 8 back on the 26th. 9 Item 1.5 consider, discuss and take 10 appropriate action to approve contract with a number of 11 volunteer fire departments, which will include Ingram, 12 Tierra Linda, Elm Pass, Divide, Hunt and Hunt. Are 13 those still the only ones that we have, Jody? 14 MRS. GRINSTEAD: Yes, sir. 15 JUDGE KELLY: I talked to Ray Lynch 16 yesterday at breakfast and very pleased to have his 17 contract in on time. And we're proud that he has. 18 COMMISSIONER LETZ: Make a motion that we 19 approve the contracts as previously just read into the 20 record by the Judge. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: All right. Motion's been made 23 by Commissioner Letz, seconded by Commissioner Harris to 24 approve the Volunteer Fire Department contract as 25 presented in open court. Any further discussion? Those 35 1 in favor raise your hand. Unanimous, five zero. 2 Okay. This is one of those days where we 3 got a little bit ahead of ourselves. Some days we're 4 behind ourselves. So we have to skip over all the timed 5 items. And I think the only untimed items we have left 6 go all the way to the Approval Agenda, which is to pay 7 bills. 8 COMMISSIONER MOSER: And say -- and 9 executive session. 10 JUDGE KELLY: Yeah. So the next item on the 11 agenda is 2.1, pay bills. 12 MRS. SHELTON: For Kerr County, the invoices 13 are, let's see, $152,237.43. The airport, $778.31. 14 Adult Probation, $4,189.06. We also have District Clerk 15 fees for $284, and then the 198th District Attorney 16 forfeiture is $167.50. 17 COMMISSIONER MOSER: Move we pay the bills. 18 COMMISSIONER BELEW: Second. 19 JUDGE KELLY: It's been moved by 20 Commissioner Moser, seconded by Commissioner Belew, to 21 approve paying the bills as presented. Any further 22 discussion? Those in favor raise your hand. Unanimous, 23 five zero. 24 Budget amendments. 25 MRS. SHELTON: There are not any. Oh, 36 1 sorry. 2 MR. ROBLES: We do have one today. It's for 3 the Elections Department. This is what Mr. Reeves 4 brought in for last week. We're moving line item 5 transfer from his operating equipment, $16,000. 6 COMMISSIONER HARRIS: Move for approval. 7 COMMISSIONER LETZ: Second. 8 JUDGE KELLY: Motion's been made by 9 Commissioner Harris and seconded by Commissioner Letz to 10 approve the budget amendment regarding the elections 11 equipment. Any further discussion? Those in favor 12 raise your hand. Unanimous, five zero. Thank you. 13 Late bills. I know we have one. 14 MRS. SHELTON: We have one and it's for the 15 Texas Department of Agriculture grant. It's for 16 $47,944.49. 17 COMMISSIONER LETZ: Move for approval. 18 COMMISSIONER MOSER: Second. 19 JUDGE KELLY: Okay. It's been moved by 20 Commissioner Letz, seconded by Commissioner Moser to 21 approve the payment of late bills. Any further 22 discussion? Those in favor raise your hand. Unanimous, 23 five zero. 24 Auditor's reports. 25 MRS. SHELTON: There are not any. 37 1 JUDGE KELLY: (Holding paper in hand.) 2 MRS. SHELTON: It's the quarterly report for 3 the Adult Probation. It's a standard quarterly report. 4 JUDGE KELLY: Okay. So not an official 5 Auditor's report. Just -- just a status report. 6 MRS. SHELTON: Correct. 7 JUDGE KELLY: Okay. Then we'll pass that. 8 Monthly reports. 9 COMMISSIONER HARRIS: Yes. December 2019. 10 Standard monthly report from Constable Precinct 1, Tommy 11 Rodriguez. Constable Precinct 2, Kyle Schneider. 12 Fines, judgments and jury fees collected for J.P. 1, 13 Mitzi French; J.P. 3, Kathy Mitchell; County Clerk, 14 Jackie Dowdy; District Clerk, Dawn Lantz, Human 15 Resources Indigent Services, Director Jennifer Doss. 16 County Treasurer's payroll report, Tracey Soldan. And 17 for November, 2019, County Treasurer monthly report, 18 Tracy Soldan. I move for approval. 19 COMMISSIONER MOSER: Question. Is it 20 possible -- and I'll ask the County Attorney this. Like 21 on Constable's report, it's ending mileage in the 22 vehicle. Could we change that to mileage driven as 23 opposed to ending mileage or does that need to be put in 24 an agenda item to change something like that? 25 JUDGE KELLY: Well, first of all, I think we 38 1 can request it. But they're still an elected official 2 and they're going to tell us what they want to tell us. 3 MRS. STEBBINS: You can ask the Constables 4 to provide you whatever information is like -- 5 COMMISSIONER MOSER: Constable, would you 6 please provide it? 7 JUDGE KELLY: Did I just say -- 8 MRS. STEBBINS: Well, I don't -- it's true, 9 you can ask them. I don't -- 10 JUDGE KELLY: We don't have -- we have 11 uniform J.P. reports that we all use, which makes it 12 easy to compare apples to oranges. 13 COMMISSIONER MOSER: Yeah. I don't have -- 14 JUDGE KELLY: We don't have that for 15 constables. 16 COMMISSIONER MOSER: Yeah. 17 JUDGE KELLY: We can request it. 18 MRS. STEBBINS: You could create a standard 19 form that you'd like for them to use. 20 COMMISSIONER MOSER: Okay. 21 MRS. STEBBINS: Information that you'd like 22 to know and -- and offer it to them. 23 COMMISSIONER MOSER: No, I don't -- it's 24 just that one -- I'll talk to Precinct 2 Constable and 25 see. 39 1 COMMISSIONER LETZ: They could put beginning 2 and ending. 3 COMMISSIONER MOSER: Yeah. Beginning and 4 ending. Right. 5 COMMISSIONER BELEW: Yeah. Right. That's 6 what you're trying to find out, how many miles? 7 COMMISSIONER MOSER: Yeah. Or as opposed to 8 what -- yeah. 9 JUDGE KELLY: Do you want to request it? We 10 can request it. 11 COMMISSIONER MOSER: Anyway. It's not on 12 the agenda. So -- can I do that if it's not on the 13 agenda? 14 COMMISSIONER LETZ: You can go and ask them. 15 MRS. STEBBINS: You can go ask. Absolutely. 16 I'm sure he'd been glad to give you that information or 17 pull the last month's and -- 18 COMMISSIONER MOSER: Okay. 19 MRS. STEBBINS: -- see what that looks like. 20 COMMISSIONER MOSER: I'll -- I'll talk to 21 all four of them. 22 JUDGE KELLY: Okay. I've got a motion to 23 accept the monthly reports. Is there a second? 24 COMMISSIONER LETZ: Second. 25 COMMISSIONER BELEW: Second. Go ahead. 40 1 JUDGE KELLY: Okay. Motion's been made by 2 Commissioner Harris, seconded by Commissioner Belew to 3 accept the monthly reports. Any further discussion? 4 Those in favor raise your hand. Unanimous, five zero. 5 Court orders. 6 COMMISSIONER LETZ: We have the Court orders 7 from our Monday, January 6th Special Session. That's 8 Court orders 37892 and 37895. They all look to be in 9 order. Make a motion to approve. 10 COMMISSIONER HARRIS: Second. 11 JUDGE KELLY: Okay. There's been a motion 12 by Commissioner Letz, seconded by Commissioner Harris, 13 to approve the Court orders as presented. Any further 14 discussion? Those in favor raise your hand. Unanimous, 15 five zero. 16 Next item on the agenda is the Information 17 Agenda. Item 3.1 status reports from Department Heads. 18 Do we have any Department Heads that wish to make a 19 status report today? Anything new that's going on in 20 your departments? Okay. 21 Then let's move on to 3.2, and this would be 22 status reports from Elected Officials. Any status 23 reports from Elected Officials? Okay. 24 Then let's go on to 3.3. Status reports 25 from Liaison Commissioners. Any status reports? Okay. 41 1 COMMISSIONER LETZ: On -- on that, are we -- 2 Commissioners going to go into Executive Session? 3 COMMISSIONER MOSER: Yeah. On an economic 4 development. Right. 5 COMMISSIONER LETZ: Correct. 6 JUDGE KELLY: Okay. Then that being the 7 case, we -- we still have a little bit of time so let's 8 go down to Executive Session: 9 MRS. STEBBINS: Your Honor, on one of the 10 Executive Session items, the 4.2, I don't believe that 11 that item needs to go into Executive Session. I think 12 that it's just a policy clarification for a Court order 13 and doesn't relate to any specific employee. 14 JUDGE KELLY: Okay. Then let's call -- call 15 that here in open session. Item 4.2 is a personnel 16 matter to consider, discuss and take appropriate action 17 on providing clarification of elected official 18 longevity. Court order 37659. Miss Doss. 19 MRS. DOSS: Yes. There was a question with 20 regard to the Elected Officials with their longevity 21 with -- become effective per the order. The original 22 order it stated that -- 23 JUDGE KELLY: Miss Doss, your voice sounds a 24 little deeper. How are you this morning? 25 MRS. DOSS: Yes, I know. I'm getting 42 1 through this. 2 JUDGE KELLY: Okay. 3 MRS. DOSS: But the longevity -- it's just 4 -- the current verbiage says it's going to take effect 5 in fiscal year 19-20 and then 20-21. And I would like 6 to ask that that -- 7 JUDGE KELLY: Twenty -- the fiscal year is 8 19-20, dash 20? 9 MRS. DOSS: Yes. 10 JUDGE KELLY: Okay. 11 MISS DOSS: And I'd like to change that to 12 Elected Officials that have been in office less than 13 16 years receive a 2.5 longevity increase on the 14 anniversary date of taking office in 2021. And then 15 Elected Officials with more than 16 years, have the 16 verbiage changed to increase on the anniversary date of 17 taking office and effective 1920. 18 JUDGE KELLY: And that's because there's 19 essentially an ambiguity in the way that order was 20 worded? 21 MRS. DOSS: Right. Because we do have 22 several Elected Officials that took office other dates 23 than January 1. 24 JUDGE KELLY: Right. And so, what we're 25 doing is making it standard so that all Elected 43 1 Officials longevity is computed on the basis of the 2 anniversary that they took office? 3 MRS. DOSS: Correct. 4 COMMISSIONER LETZ: I move for approval. 5 COMMISSIONER MOSER: Second. 6 JUDGE KELLY: We've got a motion by 7 Commissioner Letz, seconded by Commissioner Moser, to 8 clarify the order that Elected Officials anniversary 9 dates for longevity purposes will be the anniversary 10 date they took office. Any further discussion? 11 COMMISSIONER LETZ: This is informational 12 point. When the policy was done, I don't think we even 13 thought about -- Elected Officials generally take office 14 January 1st and it was just assumed that that would, you 15 know, be the date. But that's not the case because we 16 have had a lot of people appointed at different times 17 during the year for various reasons. 18 MRS. DOSS: Right. Correct. 19 JUDGE KELLY: Sheriff. 20 SHERIFF HIERHOLZER: The only issue that I 21 would question that is if somebody took office early. 22 Say after the primaries and -- and runoffs were over, 23 they took office early. And then if you're doing it on 24 the anniversary date of the following year, so those 25 that took office later that went in January 1st, gets 44 1 theirs January 1st. So those that took office early, 2 say like myself, because I took office in April of that 3 previous year, that means mine won't take effect until 4 April of next year. You -- you see what I'm getting at? 5 Not as -- you're -- you're delaying those people that 6 took office a little bit early, four or five months or 7 whatever because they took office early. 8 COMMISSIONER BELEW: Well, everybody has a 9 different anniversary date. So I'm not following you. 10 It's a year. A year is a year is a year. 11 JUDGE KELLY: A year is a year is a year. I 12 agree. 13 COMMISSIONER BELEW: Yeah. It's 12 months 14 any way you look at it. 15 COMMISSIONER LETZ: You'd be a year earlier 16 if you took office earlier. 17 SHERIFF HIERHOLZER: Depending on when you 18 started the policy. The first year -- 19 COMMISSIONER BELEW: Oh, you're talking 20 about the lapse time? 21 SHERIFF HIERHOLZER: It's going to be that 22 lapse time. They're actually getting it later than 23 everybody else. 24 MRS. DOSS: Well, and someone that's been 25 here 15 years, not 16, you know, they have to wait 45 1 longer than somebody that's been here -- 2 COMMISSIONER BELEW: Well, you have got to 3 start somewhere. 4 SHERIFF HIERHOLZER: Yeah, and that might be 5 your answer. But I'm just saying -- 6 COMMISSIONER BELEW: That's my answer. 7 MRS. STEBBINS: And I think that was the 8 answer at the time we all considered this policy. Well, 9 it's got to start somewhere, let's make it here. 10 COMMISSIONER MOSER: Good enough. 11 JUDGE KELLY: Any further discussion? Those 12 in favor raise your hand. Four. Those against? And 13 those abstain? 4-0-1. 14 MRS. DOSS: Thank you, Your Honor. 15 JUDGE KELLY: You're making me watch now. 16 And then the other matters on Executive 17 Session is we're going to take up -- 18 COMMISSIONER MOSER: 4.1 and 4.2? 19 COMMISSIONER LETZ: That might take -- that 20 might take a few minutes. 21 COMMISSIONER MOSER: It won't take -- it 22 won't take too long, no. But he's not going to be here 23 until -- 24 JUDGE KELLY: But we're going to take up 25 4.1, which is -- is consultation with County Attorney. 46 1 MRS. STEBBINS: I don't have any items to 2 discuss. 3 JUDGE KELLY: Okay. So we're not going to 4 do 4.1. 5 4.3 is going to be on economic development. 6 COMMISSIONER LETZ: And that's at ten 7 o'clock. Mr. Salinas has to be here for that one. 8 JUDGE KELLY: Okay. Is that on the agenda? 9 COMMISSIONER BELEW: Yeah. 10 JUDGE KELLY: Okay. So -- but that'll be 11 Executive Session, which will probably be after ten 12 o'clock. 13 COMMISSIONER LETZ: Right. 14 JUDGE KELLY: Okay. So then we have nothing 15 else to take up on executive session at this time? 16 COMMISSIONER HARRIS: Let's take a break. 17 JUDGE KELLY: So we're about five minutes 18 early. We're going to take a break until ten o'clock. 19 So the Court will stand in recess. 20 (Recess) 21 JUDGE KELLY: The agenda is item 1.6 22 consider, discuss and take appropriate action regarding 23 the 381 Agreement between Kerr County and James Avery 24 Craftsman. Is Ms. Greenshield here? 25 MR. MCCULLOUGH: Good morning. 47 1 JUDGE KELLY: Good morning. 2 MR. MCCULLOUGH: Thank you for letting us 3 come. I'll introduce myself. My name is John 4 McCullough, I'm the CEO for James Avery. I'm here today 5 with Paul Zipp who is our president and chief operating 6 officer, chief financial officer. 7 The purpose of being here today, we just 8 wanted to inform the Court that we are not planning to 9 apply for the rebates that were negotiated back in 2015. 10 We are deeply appreciative of those rebates. When we 11 went and did the initial estimates of what we thought 12 the efficiency gains that we would have within the plans 13 were going to be, we actually outperformed that. And so 14 we've fallen a little bit short of the head count goals 15 that we thought that we needed in order to deliver the 16 product that we needed for our stores. We're about 90 17 percent of the goal that we had hoped that we would be. 18 It's great. Our business has been strong. We've opened 19 23 stores in the last few years since that facility has 20 opened. And that's about 30 percent increase in store 21 count. Our wholesale business with Dillard's is growing 22 strongly also. But we have -- it's the efficiency side 23 of it which has been a great pleasant surprise. When we 24 did our initial estimates back in 2014 that we were 25 using to negotiate upon, we were kind of planning for 48 1 something that we had yet to achieve and you do your 2 best to -- to do that, to do that mathematically. And 3 fortunately for us, we've been in a really good position 4 of being able to outperform those a little bit. And so, 5 it's -- I think it's a good thing. That the County will 6 get a little bit more tax revenue. And we've been able 7 to achieve the goals that we've needed to. But we just 8 wanted to let everyone know that we have fallen just a 9 little bit short of what our head count estimates were 10 and associate growth were and, therefore, we weren't 11 going to be applying for those rebates. 12 JUDGE KELLY: But it sounds like for a good 13 reason. 14 MR. MCCULLOUGH: It does. Yeah. We think 15 so. Again, we -- we're always trying to make sure that 16 we're being efficient as an organization and providing 17 legitimate value for the product that we offer to our 18 guests. That's important. And so, we're just very 19 fortunate that we've had a really good process 20 improvement, that the plan has certainly done everything 21 that we hoped that it would do, and allow us to achieve 22 some of the efficiencies and process improvement that we 23 were hoping it would yield. 24 COMMISSIONER BELEW: Well, I want you to 25 know that my wife and daughters are doing their part. 49 1 MR. MCCULLOUGH: We appreciate that. Thank 2 you. 3 COMMISSIONER BELEW: Okay. 4 MR. MCCULLOUGH: And Valentine's is just, 5 you know, a few weeks away. Let me -- let me remind all 6 the -- and I'll even say gentlemen in the room. We open 7 actually for Valentine's before the 14th of February. 8 And we are open on the 14th. But feel free to go in a 9 little early and buy your sweetheart something. 10 COMMISSIONER MOSER: I bet you even have a 11 heart design too. 12 MR. MCCULLOUGH: We have one or two, yes, 13 sir. Thank you. Yeah. 14 COMMISSIONER MOSER: At one time, there was 15 discussion about putting up something for your employees 16 along the river. Is that -- 17 MR. MCCULLOUGH: We did develop it. We have 18 a walkway, a walk path along on that property. 19 COMMISSIONER MOSER: Okay. 20 MR. MCCULLOUGH: It's a beautiful piece of 21 property -- 22 COMMISSIONER MOSER: Great. 23 MR. MCCULLOUGH: -- you know, right along 24 the Guadalupe. And we did put a walking trail and we 25 have some seating areas out there. And if you go on the 50 1 backside of the facility, it -- we have a washer pit, 2 and we have some pretty competitive folks out there 3 everyday at lunch or on break. And it's been a great -- 4 a great addition for us as an organization and we're 5 very proud of it. 6 COMMISSIONER MOSER: Okay. Good. And 7 that's it. Good. Thank you so much. We're -- we're 8 really happy what James Avery is doing out there -- 9 MR. MCCULLOUGH: Thank you. 10 COMMISSIONER MOSER: -- and the other parts 11 of the State. 12 MR. MCCULLOUGH: Thank you. 13 COMMISSIONER MOSER: So what -- how many 14 Dillard's stores are you in? 15 MR. MCCULLOUGH: We're at 220 locations 16 right now. They have, I think, approximately 260 17 stores, and we're not in all stores, but we probably 18 won't be. Some of the stores that we're not in are 19 lower volume stores or parent stores that we're not 20 going to be in. But we're in about 220 of their stores. 21 It's really -- we're in, I think, over 28 states now 22 with Dillard's. And so it's really helped us, kind of, 23 achieve some of the grand awareness growth opportunities 24 that we were hoping it would. 25 COMMISSIONER MOSER: Okay. Fantastic. 51 1 COMMISSIONER LETZ: How many retail stores 2 do you have now? 3 MR. MCCULLOUGH: We have 93. 4 COMMISSIONER LETZ: 93. 5 MR. MCCULLOUGH: And we're planning to 6 hopefully open another nine before Christmas of next 7 year. 8 JUDGE KELLY: That's like over the century 9 mark. 10 MR. MCCULLOUGH: Yes. 11 COMMISSIONER MOSER: Superb. Thank you 12 guys. 13 COMMISSIONER LETZ: Keep it up. 14 JUDGE KELLY: Well, we're very pleased with 15 the economic partnership and -- 16 MR. MCCULLOUGH: Thank you. 17 JUDGE KELLY: -- anything we can do to 18 assist, come back and see us. 19 MR. MCCULLOUGH: We appreciate it. Thank 20 you again for your time. 21 JUDGE KELLY: Okay. The next item on the 22 agenda is 1.7 consider, discuss and take appropriate 23 action regarding the pathway from Veterans 24 Administration Hospital to Flat Rock Park. Commissioner 25 Moser. 52 1 COMMISSIONER MOSER: Judge, this is just an 2 information item. I just wanted to make the Court aware 3 of something that's being considered. Okay. Right now, 4 it's in the conceptual phase. But what the objective 5 is, is to enable veterans at the Veterans Hospital and 6 at the apartments close by to -- on that campus to be 7 able to access Flat Rock Park safely. And this is -- 8 this will be a project that will involve both Veterans 9 Hospital, TxDOT, the City, the County, and Maldonado's 10 Nursery. And let me just briefly describe what it is. 11 The veterans have been using the pathway that exists on 12 the campus of Veterans Hospital that access Flat Rock 13 Park, but it's a really hazardous, very rough path by 14 which they can do that. More and more veterans are down 15 there on their motorized wheelchairs, in particular. I 16 saw a veteran the other day, all the way down to the Dog 17 Park on his motorized vehicle and learned from him that 18 he got 30 miles of range on one of those motorized 19 wheelchairs. Well, with that we've had a meeting. And 20 Marty was there. Kelly was there. Charlie was there 21 from the County. The City assistant administrator was 22 there. TxDOT we communicated with. I've talked to 23 Maldonado's. And we think that we -- what we do with 24 the concept, and I'll pass this around, is -- is that 25 with all those entities involved, if each one of them -- 53 1 each one of us, okay, of those entities will do their 2 share for the City to redo Tucker Lane, which is a -- 3 which is a city road, for the County to put in some 4 pathways down into Flat Rock Park, and for VA Hospital 5 to improve their section, and TxDOT to improve, if 6 necessary, the pedestrian crossing, what this could do 7 is let those vets get down to Flat Rock Park very 8 safely. I think this is probably going to happen. 9 Everybody's very enthusiastic about it. I'm going to go 10 ahead and say this anyway, even though the City will 11 probably get angry for me saying it. But with a quarter 12 of a mile connection between Flat Rock Park of the river 13 trail, that's a quarter of a mile additional river 14 trail, the veterans would be able to go all the way to 15 Dietert Center on -- on the river trail. So, therefore, 16 now it opens up where a quarter of a mile addition, and 17 the City hasn't even considered this yet, but hopefully 18 they will, a quarter of a mile addition of river trail, 19 approximately, they can cross the river on the existing 20 low water bridge, connect in to the river trail, there 21 at Schreiner Park, and then, you know, open it up all -- 22 as a matter of fact, then open it up all the way to 23 Schreiner University, which is now being connected with 24 river trail. So -- 25 COMMISSIONER BELEW: Tom, how do they get 54 1 across 27? 2 COMMISSIONER MOSER: There's a pedestrian 3 crosswalk there. 4 COMMISSIONER BELEW: The one that exists? 5 COMMISSIONER MOSER: That exists. 6 COMMISSIONER BELEW: Okay. 7 COMMISSIONER MOSER: The pedestrian signal 8 is there. And so I think everything's in place. TxDOT 9 is confirming that that all meets the standards and 10 safety requirements. So, you know, it would be really 11 great to have all this in place, you know, within a 12 year, calendar year from now. To be determined. It may 13 not fly at all. But I think it will. So this is just 14 information for -- for the Court and for the public to 15 know that a lot of entities are working on this. So I 16 think it'll be good. 17 COMMISSIONER HARRIS: What kind of surface? 18 COMMISSIONER MOSER: What kind of surface? 19 COMMISSIONER HARRIS: On the trail. 20 COMMISSIONER MOSER: Well, it's going to be 21 multiple surfaces. There will probably be a sidewalk on 22 Tucker Road. Okay. And the pathway on -- Marty, you 23 could comment on that. What kind of surface is on the 24 pathway in the Veterans Hospital? 25 AUDIENCE: I believe it's concrete right 55 1 now. It's not blacktop. So they use the concrete 2 sidewalk currently. 3 COMMISSIONER MOSER: Okay. So concrete 4 there. And there's some ramps they have to improve. 5 Maldonado's would need to put in a driveway where it 6 interfaces with Tucker Road. So -- and then probably 7 asphalt down into the park itself. 8 COMMISSIONER LETZ: Have you visited with 9 Maldonado's? 10 COMMISSIONER MOSER: Yes. Yes, I have. 11 Yep. 12 COMMISSIONER LETZ: Okay. Okay. 13 COMMISSIONER MOSER: Yeah. So their trucks 14 -- you know, they'd have to do something to not tear up 15 the road. 16 COMMISSIONER LETZ: And they may want to -- 17 and that was the reason I ask, is I work with Ed, who 18 owns it, and it may be able to route through it or 19 reroute it right there because that -- it's right where 20 it goes along Tucker Road. They have so many big trucks 21 in there. That's a difficult spot. But there's -- if 22 they were willing to shift, like, a private easement to 23 one-way or the other -- 24 COMMISSIONER MOSER: Something. 25 COMMISSIONER LETZ: -- it would be a lot 56 1 easier. 2 COMMISSIONER MOSER: Well, Charlie Hastings 3 met with the -- and perhaps Kelly, with the City 4 Engineer to look at how the sidewalk would be on Tucker 5 Road. It looks like it's feasible to put it there. 6 Have to widen that road a little bit. So that's -- it's 7 all conceptual to date. No commitment by anybody. But 8 it looks like a really good project for the vets. 9 COMMISSIONER LETZ: Right. 10 JUDGE KELLY: Anecdotally, after you told me 11 about this at the cowboy breakfast on Friday, I was 12 hanging in that area, looking at some properties for 13 capital improvement. But I had the opportunity to pull 14 up on 27 to that intersection that you're talking about. 15 And I had the pleasure of watching what appeared to be 16 almost competitive sport by two veterans, as they -- 17 and I can see the chuckles. Y'all know what I'm talking 18 about. As they zipped across the highway. One of them 19 with his lighter for his cigar in process as they cross 20 because there's -- the VA is now a no smoking facility 21 and the other one with what appeared to be, I'm 22 assuming, a great-granddaughter in his lap, and they 23 were just having the time of their life. 24 COMMISSIONER MOSER: Well, you know, if they 25 could connect that to the river trail and, you know, 57 1 maybe someday we might even consider a little pavilion 2 or something like that in Flat Rock Park for them if 3 they get there. I've already talked to Shane about the 4 port-a-potty there being wheelchair accessible. So -- 5 and we can do that even if this project doesn't -- 6 doesn't go. So I think -- I think everybody's pretty 7 enthusiastic about it. So anyway. That's all. 8 JUDGE KELLY: Okay. So that's really for 9 information purposes. 10 COMMISSIONER MOSER: It's for information 11 purposes. Right. 12 JUDGE KELLY: Okay. And the next item on 13 the agenda is 1.8 consider, discuss and take appropriate 14 action for the Commissioners' Court to approve the 15 General Contract from JCW Construction, LLC for 16 guardrail repair at Cade Loop Road and Hermann Sons 17 Road, Hoot Owl Hollow, and Lazy Valley Road. Precincts 18 3 and 4. Ms. Hoffer. 19 MS. HOFFER: Good morning. We have four 20 locations. Some of these locations have been damaged 21 for a while and what kind of sent it over the edge was 22 Cade Loop by the approaches on the bridge. If you've 23 seen it, it's pretty bad. So I decided that it was time 24 to get everything fixed. As you can tell, guardrail is 25 not cheap, by any means. Sometimes through the SO we're 58 1 able to get money back if they know who did it. But 2 guardrail is ever-changing. And a lot of the guardrail 3 companies always tend to be in some form of a lawsuit 4 because of design and so they come out with something 5 new. So it's -- it's always changing. JCW, they do a 6 lot of work for the State. They are very knowledgeable 7 in doing the guardrail. So probably all of these 8 locations probably have something slightly different and 9 it's just based on the year that it was installed. But 10 we need to go into a general contract. 11 I worked with the County Attorney on this 12 and I'm bringing it to the Court for approval on the 13 general contract. We will need to do a budget transfer. 14 We have already spoke with James from the Auditor's 15 Office and where we would be taking the money to fund 16 this, because our guardrail line item only has $5,000.00 17 in it. So I have everything in front of you. The 18 transfers, we would transfer $4,533.35 out of 19 15-612-599. And that's a contingency line item. Out of 20 contract fees, which is 15-612-553, we would transfer 21 $5,319.20. Fence repair, line item 15-612-410, we 22 transferred $4,807.95. Out of our culvert/bridges, line 23 item 15-612-554, $2,289.50. And all of that would go 24 into the guardrails line item, 15-612-560. And the 25 total then would come to $21,950.00. That is the 59 1 contract. 2 At this time I'm asking for the 3 Commissioners' Court's final approval to accept the 4 general contract with JCW Construction, LLC, for 5 guardrail repairs at Cade Loop Road, Hermann Sons Road, 6 Hoot Owl Hollow Road, and Lazy Valley Road and have the 7 Judge sign the same. And these locations are in 8 Precinct 3 and Precinct 4. 9 COMMISSIONER BELEW: I have a question, 10 Kelly. The materials are changing, you said. Are -- 11 are these -- any of these going to be upgrades or all of 12 them to what the current standard is? Or do they have 13 to -- 14 MS. HOFFER: No, they would -- 15 COMMISSIONER BELEW: -- go back as they were? 16 MS. HOFFER: -- they would -- they would 17 stay at -- at what they are at. 18 COMMISSIONER BELEW: Because that's what's 19 required? 20 MS. HOFFER: Uh-huh. 21 COMMISSIONER BELEW: Okay. And then the 22 fence, you mentioned fencing, what fence are we 23 replacing? 24 MS. HOFFER: It's no fence. It's just -- I 25 -- I don't have enough money to pay for all of these so 60 1 we're going to be -- 2 COMMISSIONER BELEW: Oh, it's coming out of 3 -- okay. 4 MS. HOFFER: -- we're going to be taking 5 some money out of our fencing line item. 6 COMMISSIONER BELEW: I misunderstood that. 7 All right. 8 COMMISSIONER MOSER: Out of contingency, 9 what percentage comes out of contingency, Kelly? 10 MS. HOFFER: I believe we did -- we did 11 equal amounts out of each one, and I want to say it was 12 20 -- 20, 25 -- I think it was 25 percent out of each 13 one. We decided just to do equal amounts. 14 COMMISSIONER MOSER: So you still have 75 15 percent of contingency left in the budget? 16 MS. HOFFER: Yes, sir. 17 COMMISSIONER MOSER: Okay. Thanks. 18 COMMISSIONER LETZ: My only question is 19 really more to the Auditor. Is it best to do the budget 20 transfers in the Court order or is it better to do it 21 like we usually do budget transfers? 22 MRS. SHELTON: We'll follow up with the 23 budget transfer. 24 MS. HOFFER: Right. I just wanted to let 25 y'all know -- 61 1 MRS. SHELTON: Right. She's just got it 2 prepared for -- 3 JUDGE KELLY: Okay. I -- I assumed that. 4 MRS. SHELTON: -- us ahead of time. 5 MS. HOFFER: Yeah. We just wanted to let 6 you know that there would need to be some budget 7 transfers. 8 JUDGE KELLY: You're just showing where you 9 pulled it from. 10 MS. HOFFER: Yes, sir. 11 COMMISSIONER LETZ: Right. Where you ended 12 up. Okay. 13 COMMISSIONER MOSER: Good. 14 COMMISSIONER LETZ: I make a motion to 15 approve the general contract from JCW Construction, LLC, 16 for guardrail repair at Cade Loop Road, Hermann Sons 17 Road, Hoot Owl Hollow and Lazy Valley Road as presented, 18 and allow the County Judge to sign the contract. 19 JUDGE KELLY: Is there a second? 20 COMMISSIONER BELEW: I'll second. 21 JUDGE KELLY: Okay. Motion's been made by 22 Commissioner Letz, and seconded by Commissioner Belew, 23 to approve the guardrail contract with JCW for Cade Loop 24 Road, Hermann Sons Road, Hoot Owl Hollow and Lazy Valley 25 Road. Any further discussion? Those in favor raise 62 1 your hand. Unanimous, five zero. 2 COMMISSIONER HARRIS: Wait. 3 JUDGE KELLY: Oh, I'm sorry. 4 COMMISSIONER HARRIS: I didn't raise my 5 hand. 6 JUDGE KELLY: Okay. I'm sorry. 7 COMMISSIONER HARRIS: I'm going to abstain. 8 JUDGE KELLY: Okay. You're going to 9 abstain. 10 COMMISSIONER HARRIS: And -- and I'll tell 11 you why. I didn't realize that JCW Construction doesn't 12 mean anything to me, and I looked at the back. I see a 13 signature. It's one of my former students in 14 San Antonio. Good -- good people. 15 JUDGE KELLY: Oh. Potential conflict. 16 COMMISSIONER HARRIS: Yeah. So that's it. 17 JUDGE KELLY: So with that correction it's 18 4-0-1. 19 COMMISSIONER BELEW: That's his second 20 abstention and his first explanation. 21 COMMISSIONER MOSER: Yeah, I know. 22 MS. HOFFER: Thank you. 23 JUDGE KELLY: He's a man of few words. 24 COMMISSIONER MOSER: Must be concerned about 25 his student, though, what bothers me. 63 1 COMMISSIONER HARRIS: No, he's a good kid. 2 JUDGE KELLY: Okay. The next item on the 3 agenda is 1.9. It's a public hearing for the revision 4 of plat for Houston Estates Tract 1A. So this is a 5 public meeting. Public meeting come to order. Is there 6 anyone here who would like to appear on behalf of 7 Houston Estates Tract 1A? Any presentations? 8 Okay. If you would -- y'all didn't fill out 9 the form to -- to address. 10 AUDIENCE: Well, we're not -- we're here for 11 it, but we don't need to address anything other than any 12 questions y'all might have. 13 JUDGE KELLY: Oh, okay. And -- and I 14 apologize, but we do have certain rules of decorum here 15 in the Court -- yeah, there you go. Thank you. Irene, 16 you don't have to remove your hat, but men do. 17 MS. VAN WINKLE: Thank you, sir. 18 COMMISSIONER MOSER: Wait a minute. 19 AUDIENCE: I had it off for a while. 20 COMMISSIONER MOSER: Sexual discrimination. 21 JUDGE KELLY: So any -- any questions for 22 them at this public hearing? Anything you'd like to 23 share with us before we move on to the action item? 24 AUDIENCE: No, sir. 25 JUDGE KELLY: Okay. And you may go ahead 64 1 and take your seats. 2 Next item on the agenda is Item 1.10 3 consider, discuss and take appropriate action for the 4 Court to approve revision of plat for Houston Estates 5 Tract 1A. Charlie. 6 MR. HASTINGS: Thank you. 7 MR. HASTINGS: This proposed revision of 8 plat -- 9 JUDGE KELLY: Whose spittoon was that? I'm 10 sorry. Sorry to interrupt, Charlie. 11 MRS. STEBBINS: Not mine. 12 JUDGE KELLY: Okay. Go ahead. I remember 13 when there was spittoons in the courtroom, believe it or 14 not. 15 MR. HASTINGS: This proposed revision of 16 plat divides Tract 1A, which is 36.259 acres, into two 17 tracts. Tract 1A1 will be 30.637 acres, and Tract 1A2 18 will be 5.622 acres. And Tract 1A1 is partially within 19 the floodplain and they must meet regulations for 20 floodplain development -- development within the 21 floodplain. 22 So the County Engineer requests the Court 23 consider -- well, that you approve the revision of plat 24 for Houston Estates Tract 1A, plat file number 16-07621. 25 It's in Precinct 2. We did just hold the public hearing 65 1 a few moments ago and nobody spoke for or against. 2 COMMISSIONER MOSER: Move for approval. 3 COMMISSIONER LETZ: Second. 4 JUDGE KELLY: Motion's been made by 5 Commissioner Moser, seconded by Commissioner Letz to 6 approve the revised plat as presented. Any further 7 discussion? 8 COMMISSIONER BELEW: I have a question. 9 What's the water source for the new tract? Do they have 10 a well on that one? 11 MR. HASTINGS: Yes. 12 COMMISSIONER BELEW: Okay. That's all I 13 wanted to know. 14 JUDGE KELLY: Okay. No further discussion? 15 Those in favor raise your hand. Unanimous. 16 COMMISSIONER HARRIS: You're watching me 17 now, aren't you? 18 JUDGE KELLY: Yes. Okay, item 1.11 19 consider, discuss and take appropriate action to open 20 and receive bids for the 2020 Road Reconstruction 21 Project and read the bids aloud and refer the bids to 22 the County Engineer for tabulation, and award the lowest 23 qualified bidder. 24 COMMISSIONER LETZ: Judge, it looks like we 25 have three bids. I mean, we have a lot of bids but the 66 1 rest of them are on roofing. We have a lot of roofing 2 bids. The first one we received is from -- somebody. 3 JUDGE KELLY: Okay. We're on 11, not -- not 4 12. 5 COMMISSIONER LETZ: 11 is road 6 reconstruction, correct? 7 JUDGE KELLY: Right. Uh-huh. 8 MR. HASTINGS: And there were three 9 contractors at the pre bid. So that -- it looks like 10 they all bid. 11 COMMISSIONER LETZ: Start with Allen Keller. 12 MR. HASTINGS: There will be a total for 13 each job, Jobs A, B, C, D, E and F, at -- at the bottom 14 of each one of those pages. 15 COMMISSIONER LETZ: Okay. All right. The 16 total for Job A is $229,873.40. Total for Job B is 17 $199,651.50. Total for Job C, $141,960.60. The total 18 for Job D is $113,705.10. Job E is $71,290.80. Total 19 for Job F is $95,758.20. Total bid amount for all bids 20 is $852,239.60. That one. 21 Next. From Brannan Paving Company, Limited. 22 The total for Job A is $180,803.60. Job B is 23 $123,841.80. Job C is $86,842.22. Job D is $68,003.34. 24 Job E is $43,394.40. Job F is $55,234.44. 25 The final bid is from Tierra Lease Service 67 1 from Kennedy, Texas. Job A is $290, 478.00. Job B is 2 $183,255.00. Job C is $133,731.00. Job D is 3 $109,860.00. Job E is $77,490.00. And Job F is 4 $98,302.50. 5 AUDIENCE: What's the total? 6 COMMISSIONER LETZ: That one, they did not 7 total theirs. 8 AUDIENCE: They didn't total it. 9 COMMISSIONER LETZ: They did not total 10 theirs. 11 JUDGE KELLY: And we checked the Brannan one 12 also. 13 MR. HASTINGS: And the way the projects are 14 bid is that we're not doing a total necessarily. We're 15 going to do the best combination of those five or six 16 projects. So at this point, we -- we have read them 17 all. The Court has received those bids. And I'm 18 requesting that the Court refer them all to me, the 19 County Engineer, for tabulation. After I tabulate all 20 the bids and come up with the best combination that we 21 can award, I will come back to -- this morning to ask 22 you to award it to the lowest qualified bidder. 23 COMMISSIONER HARRIS: For clarification, 24 you're saying that, you know, somebody might do A, 25 another one might do B? 68 1 MR. HASTINGS: No, sir. It would be one 2 contractor maybe doing A and B, or a combination of 3 A, E, F -- 4 COMMISSIONER HARRIS: Okay. 5 MR. HASTINGS: -- whatever we can afford. 6 COMMISSIONER LETZ: Okay. I make a motion 7 we accept the bids as read and refer them to the County 8 Engineer for recommendation. 9 COMMISSIONER BELEW: Second. 10 COMMISSIONER HARRIS: Second. 11 JUDGE KELLY: Motion's been made by 12 Commissioner Letz, seconded by Commissioner Harris, to 13 accept the bids as presented, and deliver them to the 14 County Engineer for tabulation and recommendation. 15 Those in favor say aye -- or raise your hand. 16 Unanimous, five zero. Okay. Charlie. 17 MR. HASTINGS: Yes, sir. 18 JUDGE KELLY: The next one is 1.12 19 consider, discuss and take appropriate action to open 20 and receive bids for the Airport Hangar C, Hangar D, and 21 Terminal Reroofing Projects due to damage from the May 22 2019 hailstorm, read the bids aloud, refer bids to the 23 County Engineer for tabulation, and award each project 24 separately to the lowest qualified bidder. 25 COMMISSIONER LETZ: All right. This one is 69 1 for -- from Trumble Construction, for Hangar C, 2 $840,324.00. Another one from Trumble Construction, for 3 Hangar D, $840,324.00. Another one from Mammoth 4 Services, LLC, this is for the airport terminal. Amount 5 of $77,988.00. This is also from Mammoth Services, for 6 Hangar D, $48,588.00. And also from Mammoth Services, 7 for Hangar C, $48,688.00. 8 COMMISSIONER MOSER: And that was -- 9 COMMISSIONER BELEW: Is that the same job? 10 COMMISSIONER MOSER: The first one was 11 $840,000 and this one is $48,000? 12 COMMISSIONER LETZ: Yes. 13 COMMISSIONER MOSER: For the same project? 14 COMMISSIONER LETZ: Yes. 15 COMMISSIONER BELEW: Wow. 16 COMMISSIONER MOSER: Somebody didn't 17 understand the requirements. 18 COMMISSIONER BELEW: Did they understand 19 what it was? I mean -- 20 COMMISSIONER LETZ: Well, we'll find out 21 when we look at them. Forty-eight thousand -- this one 22 was -- the Hangar C is $48,688.00. 23 COMMISSIONER BELEW: Okay. Okay. 24 COMMISSIONER LETZ: Okay. These are from -- 25 or from Montgomery Construction. Airport terminal 70 1 building is $166,997.00. Hangar C is $41,550.00. 2 Hangar D is $39,750.00. From -- another one from 3 Trumble Construction. This is for the airport terminal 4 for $128,760.00. This is from American Roofing and 5 Metal Company. For Hangar D, $89,155.00. Another one 6 from American Roofing and Metal Company. This is for 7 the airport terminal, $336,757.00. From American 8 Roofing and Metal, for Hangar C, $91,575.00. From 9 Cypress Roofing. Cypress Roofing, this is for the 10 airport terminal, $70,000.00. From Cypress Roofing for 11 Hangar C, $38,000.00. From Cypress Roofing for 12 Hangar D, $38,000.00. From Big Bear Roofing and 13 Construction, for the airport terminal, $103,220.00. 14 Hangar C, $29,669.00. Hangar D, $29,669.00. This is 15 from McNeil Roofing and Sheet Metal, for Hangar D, 16 $21,250.00. This is from McNeil Roofing and Sheet 17 Metal, Hangar C, $22,250.00. From Earnest Roofing, 18 airport terminal, $92,000.00. Hangar C, $45,800.00. 19 Hangar D, $45,800.00. 20 And then from Harrison Roofing, for the 21 airport terminal, $86,463.00. For Hangar D, $43,830.00. 22 And for Hangar C, $43,830.00. And that's it. 23 JUDGE KELLY: Okay. Do we have a motion and 24 a second? 25 COMMISSIONER LETZ: I'll make a motion to 71 1 accept all the bids and refer to County Engineer for 2 representation. 3 COMMISSIONER HARRIS: Second. 4 JUDGE KELLY: Motion's been made by 5 Commissioner Letz, seconded by Commissioner Harris, to 6 accept all the bids as presented and refer them to the 7 County Engineer for evaluation. 8 COMMISSIONER MOSER: Charlie, it's the same 9 thing here. Three different projects. You going to 10 look at each project separately or -- 11 MR. HASTINGS: This one potentially could be 12 awarded to three different contractors since they're all 13 stand-alone buildings. 14 COMMISSIONER MOSER: Yeah. Okay. 15 MR. HASTINGS: And so we could have three 16 out there at the same time or -- 17 COMMISSIONER MOSER: Okay. 18 MR. HASTINGS: -- one could get them all. 19 COMMISSIONER MOSER: There's just a wide 20 range in the bids. If -- if you don't get that finished 21 by today, come back. 22 MR. HASTINGS: Yes, sir. 23 COMMISSIONER LETZ: And on that, these are 24 all related to hail damage at the airport last summer. 25 COMMISSIONER MOSER: Right. Right. 72 1 COMMISSIONER LETZ: If there's any question, 2 of course, we could always do this next Monday, Charlie. 3 COMMISSIONER MOSER: Correct. 4 COMMISSIONER LETZ: If you need to visit 5 with the insurance company and all. 6 MR. HASTINGS: Okay. 7 COMMISSIONER MOSER: It would be good -- 8 JUDGE KELLY: Just let us know. 9 COMMISSIONER MOSER: It would be good, too, 10 when you come back to show us what the insurance company 11 said their estimate is. 12 MR. HASTINGS: Yes, sir. 13 COMMISSIONER MOSER: What they appraised it 14 at. Yeah. Okay. Good. 15 JUDGE KELLY: Ready to take a vote. Those 16 in favor raise your hand. Unanimous, five zero. Accept 17 the bids. 18 Item 1.13 consider, discuss and take 19 appropriate action for the Court to approve a final plat 20 for Tortuga Arroyo Estates, accept a performance bond 21 for associated construction improvement, and authorize 22 County Judge to execute the same. Charlie Hastings. 23 MR. HASTINGS: Thank you. A preliminary 24 plat for this proposed subdivision was approved 25 September 23rd, 2019, by order number 37729. This 73 1 subdivision proposes eight lots. Access to the lots 2 will be off of a paved country lane to be known as 3 Snapper Lane. Construction of the subdivision, the 4 roads and the drainage, etcetera, is nearing completion. 5 A performance bond in the amount of $125,000 has been 6 issued as a financial guaranty to complete the remaining 7 construction. 8 The County Engineer requests that the Court 9 approve the final plat for Tortuga Arroyo Estates, 10 accept the performance bond for associated construction 11 improvements, and authorize the County Judge to execute 12 said performance bond. Precinct 1. 13 COMMISSIONER BELEW: I move for approval. 14 COMMISSIONER MOSER: Second. 15 COMMISSIONER HARRIS: Second. 16 COMMISSIONER LETZ: Third. 17 JUDGE KELLY: Motion's been made by 18 Commissioner Belew, seconded by Commissioner Moser to 19 approve the final plat for Tortuga Arroyo Estates as 20 presented with the performance bond of $125,000. Any 21 further discussion? 22 COMMISSIONER LETZ: I have a question. 23 What's the reason for the rectangular cul-de-sac as 24 opposed to a standard round? 25 MR. HASTINGS: They had constructed it that 74 1 way and the Court authorized the County Engineer to 2 accept alternative designs. We went out and checked it 3 and ran trucks on it. We feel comfortable with it. 4 COMMISSIONER LETZ: Okay. Thank you. 5 JUDGE KELLY: Okay. Any further discussion? 6 Those in favor raise your hand. Unanimous, five zero. 7 Item 1.14 consider, discuss and take 8 appropriate action to set a public hearing for 9 10:00 a.m. on February the 24th to adopt a new Kerr 10 County Flood Damage Prevention Order which revises the 11 previous Order No. 32024 to include changes made by the 12 Federal Emergency Management Agency to the Kerr County 13 Flood Insurance Study and Flood Insurance Rate Maps for 14 these numbered here in the agenda item. Charlie 15 Hastings. 16 MR. HASTINGS: Thank you. We've been 17 tracking this for a little over a year. I'll walk you 18 through it. The Department of Homeland Security, a 19 Federal Emergency Management Agency, proposed -- 20 proposes to change the Kerr County Flood Insurance Study 21 and Flood Insurance Rate Maps. And these refer to map 22 numbers 0600G, 0625G, 0650G, 0750G, and 0775G, also 23 known as the Medina Watershed Study. It's been 24 completed and both the study and maps will be effective 25 May 15th, 2020. Prior to May 15, 2020, Kerr County is 75 1 required as a condition of eligibility in the National 2 Flood Insurance Program to adopt these revisions into 3 the Kerr County Flood Damage Prevention Order. 4 Here's a recap of where -- where we've been 5 and where we're going. November 23rd, 2019, FEMA 6 published notification of the study of map changes in 7 the Federal Registry. And that's complete. I'm sorry, 8 that should have been 2018. '18. November 23rd, 2018. 9 February 6th, 2019, from 6:00 to 8:00 p.m. at the Kerr 10 County -- Kerr County hosted the Medina Watershed 11 floodplain map changes. We had a Town Hall Meeting at 12 the Youth Event Center. February 22nd, 2019, FEMA 13 published their first notification of the study, and the 14 map changes in the West Kerr Current and the Kerrville 15 Daily Times. 16 March 1st, 2019, FEMA published their second 17 notification of the same. That started the 90-day 18 appeal period. Our deadline was June 1st, 2019. On 19 March 11th, 2019, Kerr County set a public hearing date 20 for receiving public comments. On March the 20th, 2019, 21 through April the 18th, 2019, we published those notices 22 in the Hill Country Community Journal, the Bandera 23 Bulletin, the West Kerr Current, and the Kerrville Daily 24 Times. 25 April 22nd, 2019, Kerr County held a public 76 1 hearing. We gathered comments, public comments and 2 technical appeals. On May the 13th, 2019, Kerr County 3 Commissioners' Court authorized the County Engineer to 4 submit the technical appeals and the comments to FEMA. 5 June 1st, 2019 was the deadline. We beat it by a few 6 weeks. July the 12th, 2019, FEMA corresponded 7 acknowledging the receipt of and the incorporation of 8 Kerr County's technical appeals and comments. They 9 liked our comments and they incorporated them into the 10 new plan. November the 15th, 2019, -- FEMA 11 corresponded, we received notifying Kerr County that the 12 study and map changes are final and that we must adopt a 13 new Flood Damage Prevention Order with the revised study 14 and maps before May 15th, 2020. 15 With all that being said, the County 16 Engineer requests the Court set a public hearing for 17 10:00 a.m., February 24th, 2020, to adopt a new Kerr 18 County Flood Damage Prevention Order, which revises the 19 previous order, No. 32024, to include changes made by 20 the Federal Emergency Management Agency to the Kerr 21 County Flood Insurance Study and Flood Insurance Rate 22 Maps 0600G, 0625G, 0650G, 0750G, and 0775G, dated 23 May 15, 2020. This is the South Kerr County Medina 24 Watershed and it affects Precincts 1, 2, 3, and 4. 25 COMMISSIONER HARRIS: I move to approve as 77 1 read. 2 COMMISSIONER LETZ: Second. 3 JUDGE KELLY: Commissioner Harris has moved, 4 and Commissioner Letz has seconded, approval of the 5 public -- setting the public hearing for ten o'clock 6 a.m. on February the 24th, 2020, to adopt a new Kerr 7 County Flood Damage Prevention Order as presented. Any 8 further discussion? 9 COMMISSIONER BELEW: What will this mean for 10 us in practical terms? 11 MR. HASTINGS: That our maps have changed 12 and that we've adopted them. 13 COMMISSIONER BELEW: And the -- 14 MR. HASTINGS: And -- and so we get to stay 15 a member of the Insurance Program and our community 16 continues to receive flood insurance. 17 COMMISSIONER BELEW: Does it change anything 18 with our emergency response team? 19 MR. HASTINGS: No, sir. 20 COMMISSIONER BELEW: Okay. No knew 21 equipment to buy, no new anything? 22 MR. HASTINGS: No, sir. 23 COMMISSIONER BELEW: Okay. 24 MR. HASTINGS: Revises the maps. They're -- 25 they're better maps. 78 1 JUDGE KELLY: Okay. Those in favor raise 2 your hand. Unanimous, five zero. 3 Next item on the agenda is 1.15 consider, 4 discuss and take appropriate action for the Court to 5 authorize the County Clerk to publish notice of Kerr 6 County's intent to establish base flood elevations, and 7 the base floodplain, and the regulatory floodway in 8 Flood Insurance Rate Map No. 48265C0700F as prepared and 9 submitted by the Kendall County Engineering Department 10 for a portion of Cypress Creek in the vicinity of Bartel 11 and Gaddis Bluff Road in Precinct 3. Mr. Hastings. 12 MR. HASTINGS: Thank you. On March 25th, 13 2019, the County Engineer presented preliminary updated 14 floodplain maps prepared by the Kendall County 15 Engineering Department for Cypress Creek in the Comfort 16 area, where their analysis and data extend into Kerr 17 County. 18 The proposed changes affect approximately 19 one mile of Cypress Creek, starting at Bartel Road and 20 extending north along Gaddis Bluff Road. It's in 21 Precinct 3. It includes delineation of the floodplain, 22 floodway, and establishment of base flood elevations. 23 These are the elevations associated with the one percent 24 chance storm event, also known as the 100-year storm. 25 At that time, the Court authorized the County Engineer 79 1 to proceed with submission of the updated maps and 2 return to the Court for final approval. On July 8th, 3 2019, the County Engineer presented the Kendall County 4 Engineering Department's final update to the Flood 5 Insurance Rate Maps, and a letter of map revision, on 6 FEMA'S MT2 Form 1, which the Court authorized the County 7 Engineer to execute and submit to FEMA for review. FEMA 8 has since reviewed the submittal and approved it. 9 However, the next step is for Kerr County to post public 10 notification of its intent to revise Flood Insurance 11 Rate Map Number 48265C0700F by establishing base flood 12 elevations, the base floodplain, and the regulatory 13 floodway. 14 The County Engineer recommends that the 15 Court authorize the County Clerk to publish notices in 16 the Hill Country Community Journal, and the Comfort News 17 of Kerr County's intent to establish base flood 18 elevations, the base floodplain, and the regulatory 19 floodway in Flood Insurance Rate Map Number 48265C07005, 20 as prepared and submitted by the Kendall County 21 Engineering Department for a portion of Cypress Creek in 22 the vicinity of Bartel Road and Gaddis Bluff Road, 23 Precinct 3. 24 COMMISSIONER LETZ: Move for approval. 25 COMMISSIONER HARRIS: Second. 80 1 COMMISSIONER LETZ: With a thanks to Kendall 2 County. 3 MR. HASTINGS: They did a great job. 4 JUDGE KELLY: Okay. Motion's been made by 5 Commissioner Letz, seconded by Commissioner Harris, to 6 approve the revised -- the flood elevations, floodplain 7 and regulatory floodway for the Flood Insurance Rate Map 8 as presented here today in Court. Any further 9 discussion? Those in favor raise your hand. Four zero. 10 Let the record reflect that Commissioner Belew stepped 11 out of the courtroom awhile. 12 Okay. With that, I think we've completed 13 the regular agenda. We will go back to the Executive 14 Agenda, and the Commissioners' Court will adjourn into 15 Executive Session to discuss Chapter 551.087 of the 16 Texas Government Code to deliberate regarding economic 17 development negotiations. 18 And that would be Item 4.3 on Executive 19 Session discussion regarding economic development 20 negotiation in accordance with the Texas Open Meetings 21 Act; discussion regarding commercial or financial 22 information received from a business prospect and/or to 23 discuss the offer of a financial or other incentive to a 24 business prospect. 25 And we will adjourn into Executive Session 81 1 for that. 2 (Executive Session.) 3 JUDGE KELLY: Okay, it is 11:20, and 4 Commissioners' Court is back in public session. There 5 is no action to be taken from the executive session item 6 so we're going to go back to item 1.11, which was to 7 consider, discuss and take appropriate action with 8 regard to the 2020 road reconstruction bids. Mr. 9 Hastings. 10 MR. HASTINGS: Thank you. We went and we 11 tabulated all of the bids, and we knew that we had more 12 than what we have budgeted in the bids because that 13 whole region -- we want to be able to do that whole 14 region of street over the next couple of years. But we 15 wanted to see how far we could get. We have a little 16 over 300 thousand dollars budgeted. 17 The total bids for everything, Allen Keller 18 comes out to $852,239.60. Brannan Paving comes out to 19 $557,619.80. And Tierra Lease Service comes out to 20 $893,116.50. When we start to divide the projects up it 21 looks like a very good project would be to do Projects A 22 and B. A is Wedgewood Lane, and B is Wild Timber Drive. 23 These are the two longest roads. If we can get both of 24 those done, we'll be way ahead of the curve. 25 The total for both of those roads, and this 82 1 is excluding bid item -- hold on a second. The prime 2 coat, A-4 and B-4, those are the prime coats. Our guys 3 don't want to see any prime coat on the top of this. 4 When they're done working the base our guys want to come 5 in and chipseal right behind them. They're afraid if we 6 put a prime coat down our emulsion oil won't blend with 7 it well and it will start to peel up. But we had in it 8 the bid just in case we needed a prime coat, if we 9 thought it would be months before we could get to the 10 road. 11 But if you exclude those two bid items, 12 Allen Keller is $407,206.85. Brannan Paving is 13 $285,238.40. And Tierra Lease Service is $444,622.50. 14 With that being said, the County Engineer recommends 15 that the Court authorize the County Judge to execute a 16 contract with Brannan Paving in the amount of 17 $285,238.40 for bid items A-1, A-2, A-3, A-5, and B-1, 18 B-2, B-3, and B-5. 19 COMMISSIONER LETZ: Where is Brannan Paving 20 out of? Where are they from? 21 MR. HASTINGS: They are out of Victoria. 22 COMMISSIONER LETZ: Victoria? 23 MR. HASTINGS: Yes, Sir. 24 COMMISSIONER BELEW: What is item 4 that got 25 skipped? 83 1 MR. HASTINGS: Item 4 is the prime coat. 2 COMMISSIONER BELEW: Oh, okay. 3 MR. HASTINGS: And so we don't want to put 4 that down because we anticipate that we'll -- and if 5 you're curious how much it was, it's item A-4 from 6 Brannan Paving -- hold on here just a second. 7 COMMISSIONER BELEW: Well, we're not going 8 to do it? 9 MR. HASTINGS: We're not going to do it. 10 But I'm sure you -- just for the record, the prime coat 11 item A-4 was $9,762.00. And the prime coat for job B 12 was $9,645.00. We're not awarding that. 13 COMMISSIONER HARRIS: Sounds good to me. I 14 move for approval. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: It's been moved by 17 Commissioner Harris and seconded by Commissioner Belew 18 to approve -- can you name the name of the streets again 19 that we're going to do? 20 MR. HASTINGS: The two streets that would be 21 done would be Wedgewood Lane and Wild Timber Drive. 22 JUDGE KELLY: Wedgewood Lane and Wild Timber 23 Drive. 24 MR. HASTINGS: Yes, Sir. Projects A and B. 25 JUDGE KELLY: Projects A and B of the Road 84 1 Reconstruction Project bids. 2 COMMISSIONER LETZ: With the exclusion of 3 A-4. Items A-4 and B-4. 4 MR. HASTINGS: And B-4, yes, Sir. 5 JUDGE KELLY: And excluding the prime coat. 6 MR. HASTINGS: That's correct. 7 JUDGE KELLY: Okay, that's the motion. Any 8 discussion? Those in favor raise your hand. Unanimous, 9 five zero. 10 MR. HASTINGS: Thanks a lot. 11 COMMISSIONER LETZ: Good bid. 12 JUDGE KELLY: Okay, any other business 13 before the Court today? Then the Court will be 14 adjourned. 15 * * * * * * 16 17 18 19 20 21 22 23 24 25 85 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Reporter in and for Kerr County, do hereby certify that 6 the above and foregoing pages contain and comprise a 7 true and correct transcription of the proceedings had in 8 the above-entitled Commissioners' Court. 9 Dated this the 20th day of January, A.D. 10 2020. 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