1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, December 14, 2020 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioners' Comments. 6 4 1.1 Discuss status of Ingram City Council and 11 resignations. 5 1.2 Consider, discuss and take appropriate 34 6 action on requests from Kerrville/Kerr County Joint Airport Board regarding: 7 (1) Declaration of Emergency Expenditure, hangar door repairs, 1815 Airport Loop, 8 and (2) Movement of more than five percent of Board Budget. 9 1.3 Consider, discuss and take appropriate 42 10 action to approve an unbudgeted purchase of a storage server for the Sheriff's 11 Department. 12 1.4 Consider, discuss and take appropriate 52 action to set bond amounts for the Constables. 13 1.5 Consider, discuss and take appropriate 52 14 action to determine how to proceed with obtaining professional legal services for 15 the 2021 Redistricting. 16 1.6 Consider, discuss and take appropriate 60 action to address possibility of prohibiting 17 the sale or use of restricted fireworks, i.e.: "skyrockets with sticks" and "missiles 18 with fins", in any portion of the unincorporated area of Kerr County pursuant 19 to Local Government Code 352.051 for the December fireworks season. 20 1.7 Information regarding transition process for 61 21 the new Justice of the Peace, Precinct 3 Clerk. New hire to begin on 12/28/20. 22 1.8 Consider, discuss and take appropriate 62 23 action to accept real estate contract for property located at 199 Spur 100, Kerrville, 24 TX 78028, and authorize the County Treasurer to disburse the earnest money. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 69 action to authorize TxDOT to construct 4 mailbox turnouts on County easement property on Fallow Run, Cherry Springs 5 Road, Scenic Drive, and Weatherby Road. 6 1.10 Consider, discuss and take appropriate 85 action for the Court to set a public 7 hearing for 10 a.m. on January 25, 2021 for a Revision of Plat for Kerr Vista 8 Ranch Section 4, Lots 15, 16, 17, Block B, Volume 5, Page 237. 9 1.11 Consider, discuss and take appropriate 86 10 action for the Court to set a public hearing for 10 a.m. on January 25, 2021 11 for a Revision of Plat for River Bend Estates, Lots 8 and 9, Volume 5, Page 377. 12 1.12 Consider, discuss and take appropriate 90 13 action for the Court to set a public hearing for 10 a.m. on January 25, 2021 14 for a Revision of Plat for Spicer Ranch No. 3, Tract 151, Volume 3, Page 85. 15 1.13 Public hearing for a Revision of Plat for 92 16 Verde Park Estates Section 3, Lot 2, Volume 6, Page 93. 17 1.14 Consider, discuss and take appropriate 92 18 action for the Court to approve the Certificate of Completion for Texas 19 Department of Agriculture Colonia Economically Distressed Areas Program, 20 CEDAP, Project No. 7217045, East Kerr County/Center Point Wastewater Collection 21 Project Phase I, Contract No. 2, and authorize the County Judge to execute 22 said certificate. 23 1.15 Consider, discuss and take appropriate 95 action for the Court to approve Change 24 Order No. 5 to the East Kerr County/Center Point Wastewater Project Phase I in the 25 amount of $315,743.71. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.16 Consider, discuss and take appropriate 98 action for the Court to tentatively award 4 a contract for construction of the East Kerr County/Center Point Wastewater Project 5 Phase II to D Guerra Construction, LLC, in the amount of $10,565,954.99, pending 6 approval by the Texas Water Development Board, and authorize the County Judge to 7 execute the contract when approved by the Texas Water Development Board. 8 1.17 Consider, discuss and take appropriate 101 9 action for the Court to tentatively award a contract for construction of the East Kerr 10 County/Center Point Wastewater Project Phase III to D Guerra Construction, LLC in 11 the amount of $7,313,775.02, pending approval by the Texas Water Development Board, and 12 authorize the County Judge to execute the contract when approved by the Texas Water 13 Development Board. 14 1.18 Public Hearing regarding the installation 103 of "No Parking" signs on the far northwest 15 portion of Ace Ranch Rd. E. 16 1.19 Consider, discuss and take appropriate 104 action for the Commissioners' Court Final 17 Approval to install "No Parking" signs on the far northwest portion of Ace Ranch Rd. E. 18 1.20 Consider, discuss and take appropriate 106 19 action to open, read and award the Annual Bids for Road Base, Cold Mix, Aggregate, 20 Emulsion Oil and Corrugated Metal Pipe. 21 1.21 Consider, discuss and take appropriate 111 action regarding the approval of the 22 Asbestos Management Plan for the property located at 550 Earl Garrett, future site 23 of the Hill Country Regional Public Defender's Office. 24 1.22 Discussion regarding the refinance of the 117 25 Certificate of Obligation and upcoming Tax Anticipation Notes. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.23 Discussion regarding the opening date for 118 the Hill Country Regional Public Defender's 4 Office. 5 1.24 Consider, discuss and take appropriate 133 action to appoint Kenneth Wilke to the 6 position of Kerr County Constable, Precinct 3, due to Paul Gonzalez's inability to take 7 office. Effective January 1, 2021. 8 1.25 Consider, discuss and take appropriate 136 action on County Treasurer's request to 9 temporarily change current part-time position to full-time, to train with 10 retiring employee for approximately four weeks. This will not require additional 11 funding to the Treasurer's budget. 12 2.1 Pay Bills. 137 13 2.3 Late Bills. 137 14 2.5 Accept Monthly Reports. 139 15 2.6 Court Orders. 140 16 3.1 Status reports from Department Heads. 140 17 3.3 Status reports from Liaison Commissioners. 155 18 *** Adjournment. 157 19 *** Reporter's Certificate. 158 20 * * * * * * 21 22 23 24 25 6 1 JUDGE KELLY: Good morning. It is Monday, 2 December the 14th, 2020, 9 o'clock in the morning, and 3 Kerr County Commissioners' Court is now in session. 4 This is a regular meeting. And we will not have a 5 special meeting next Monday, so the meeting after this 6 will be on Monday, the 28th. After Christmas. So with 7 that, I don't know whose day it is for the prayer and 8 pledge. 9 COMMISSIONER MOSER: It's mine. 10 JUDGE KELLY: Okay. If you would, please 11 stand. 12 COMMISSIONER MOSER: Stand and pray with me 13 if you will, please. 14 (Prayer and Pledge of Allegiance.) 15 JUDGE KELLY: Be seated. Reminder for 16 everyone to turn your phone to vibrate so you don't 17 interrupt the meeting. The first part of our agenda 18 every week or every time we meet is to have public 19 input. And this is an opportunity for the public to 20 offer their input to the Court. 21 The Court does not get to respond to the 22 input but we get to hear it. And we ask that anyone 23 that would like to provide input to the Court do not use 24 -- not -- do not speak on something that's on the 25 agenda. If it's on the agenda, we ask that you wait and 7 1 address the Court when that agenda item is called. So 2 is there anyone who would like to address the Court at 3 this time? Okay. 4 There being none, then the next part of the 5 agenda is Commissioners' input. Let's go with Precinct 6 1. 7 COMMISSIONER BELEW: Burn ban for 8 Precinct 1. Waited and waited and hoped for rain. Got 9 a little sprinkle. So it's time. 10 JUDGE KELLY: Okay. Good to know. Burn ban 11 Precinct 1. Precinct 2? 12 COMMISSIONER MOSER: No rain in Precinct 2 13 for several weeks now. And we had a shower, a meteor 14 shower. We didn't get any rain, but we got -- I was out 15 at 5:00 this morning to look at the big meteor thing. I 16 think I saw ten meteorites in about 30 minutes, which 17 was good. And I think it was in response to Don Harris' 18 birthday today. 19 COMMISSIONER HARRIS: Bound to have been. 20 Bound to have been. 21 COMMISSIONER MOSER: And one other thing, I 22 mentioned the last several meeting about aggregate 23 mining. Still going on. New quarry. There's an 24 organization that some people in Precinct 2 I know are 25 participating in. It's called Texans For Responsible 8 1 Aggregate Mining. It's an organization made up of 32 2 counties, okay. 32 counties are participating; not just 3 the counties are participating. So it's to try and put 4 some reasonableness on this type of thing. A lot of 5 states in the United States have this. So this is an 6 effort to try and not force, but to -- to get the 7 aggregate miners to -- to do things that are being good 8 neighbors. So more to come on that. 9 And there's been a TCEQ application for a 10 permanent rock crusher on the new quarry. And there -- 11 there will be a request for public meeting. Not -- not 12 hearing, but a public meeting on that. So, anyway, 13 things are going on in Precinct 2 in the sky and below 14 the earth. 15 JUDGE KELLY: Good to know. Precinct 3? 16 COMMISSIONER LETZ: I will be putting the 17 burn ban on today at 6:00. And it's something I was 18 hoping -- we have had a little bit of rain here and 19 there but the winds yesterday dried it out a great deal. 20 And I think I mentioned this before, but the 21 Water Development Board has been working on putting 22 together flood planning groups. Kerr County has a 23 representative. I'm a little bit disappointed on the 24 makeup of the committee. It's -- the person is doing a 25 great job, it's Joseph McDaniel. 9 1 They pretty much shunned Kendall and Kerr 2 County when it came to the people on that committee, 3 which was a bit of a surprise. That -- 4 JUDGE KELLY: I'm sure they've asked for 5 volunteers though. They have an application out there. 6 COMMISSIONER LETZ: Right. We're looking 7 at -- they're looking at possibly expanding the 8 membership a little bit, that's being looked at. But 9 the main thing is that they did request a -- to know 10 what flood studies are currently underway still out 11 there in the region, which is the Guadalupe Basin. I 12 replied, and Commissioner Moser, I committed him to make 13 some presentations, he doesn't know this. 14 JUDGE KELLY: He does now. 15 COMMISSIONER LETZ: The early Flood Warning 16 System -- 17 COMMISSIONER MOSER: Yeah. 18 COMMISSIONER LETZ: -- that he was very much 19 involved with. The flooding issues, that TxDOT put 20 culverts under the road but they're blocked off 21 partially in the Center Point area. I put that on the 22 list. East of that there's some other problems, more in 23 my Precinct. And then the flooding issue in Comfort, 24 which is a joint Kendall County, Kerr County because all 25 the water comes from Kerr into the flooding and does 10 1 damage in Kendall. I put those on there and listed 2 likely presenters would be Commissioner Moser, myself, 3 Charlie Hastings, John Hewitt and Don Durden, a 4 Commissioner of Kendall County. 5 COMMISSIONER MOSER: Very good. 6 COMMISSIONER LETZ: So they were going to 7 schedule it and that'll be some time next year that 8 those presentations will be made. 9 COMMISSIONER BELEW: The last FEMA Flood 10 Study was 2011, the one we're operating off of now? 11 COMMISSIONER LETZ: They update it 12 continuously. I mean, they're always updating different 13 parts of it. 14 COMMISSIONER BELEW: Different parts of it. 15 And so it gets overlaid and -- 16 COMMISSIONER LETZ: Right. They change 17 pieces as they update. 18 COMMISSIONER MOSER: We looked at that and 19 then I think they were trying to -- in Kerr County to 20 update was going to cost a million bucks. Yeah. So 21 we -- 22 COMMISSIONER BELEW: Well, a lot of people 23 have to put money in. 24 COMMISSIONER LETZ: But anyway. That's all 25 I have. 11 1 Happy birthday, Don. 2 COMMISSIONER HARRIS: Thank you. I 3 appreciate it. 4 JUDGE KELLY: Happy birthday, Precinct 4. 5 COMMISSIONER HARRIS: Dry. Windy and dry. 6 And so -- 7 COMMISSIONER BELEW: Don't light any 8 candles. 9 COMMISSIONER HARRIS: Exactly. Especially 10 that many candles. 11 COMMISSIONER MOSER: Hey. Hey, watch it 12 now. 13 (Laughter.) 14 COMMISSIONER HARRIS: But anyway, as we get 15 into the Christmas season, I just want to urge everybody 16 to be careful and responsible in what they do. We're 17 not going to meet until after Christmas again. So -- 18 COMMISSIONER MOSER: Yeah, the 28th. 19 COMMISSIONER HARRIS: -- be careful. All 20 right. That's all I got. 21 JUDGE KELLY: Okay. Very good. Let's move 22 on to our Agenda. Item 1.1 is to discuss the status of 23 Ingram City Council and resignations. Ms. Rider is 24 here, if you would, please. We don't have any action 25 item here. But Ingram is one of the cities in our 12 1 County and we want to be informed and -- and work with 2 you to do whatever you need done. 3 MS. RIDER: Well, I appreciate that, Judge 4 Kelly. Basically -- 5 JUDGE KELLY: Will you identify yourself for 6 the record? 7 MS. RIDER: Oh, yes. I'm Kathy Rider. I am 8 now the newly appointed Mayor of the City of Ingram as 9 of Thursday. And so I've been working closely -- we 10 have as of Thursday night also appointed a Chief of 11 Police now, which is Carol Twiss. You're all familiar 12 with her. Many years of experience. Very good 13 investigator, a strong leader. So I think that was a 14 step in the right direction towards rebuilding our 15 Police Department. She's very knowledgeable. 16 All of our police -- every one of them quit, 17 including the administrative assistant. So we have 18 started taking applications to rebuild the Department. 19 We've been working with Sheriff Hierholzer and the 20 incoming Sheriff Lisa. And they've both been very 21 generous. Been very helpful. They're covering our 22 shortfalls in the interim and we're moving forward. 23 There's been a lot of talk and discussion 24 why did this happen, what's the root cause of this, and 25 the -- and -- and Rusty can tell you, Ingram goes 13 1 through cycles of things like this every few years or 2 every so many years things blow up and happen and you 3 just, kind of, gotta repair them and move forward. 4 Ingram's been having some real growing pains 5 in the last ten years and people don't like change. And 6 ultimately that was the root cause of all the in 7 fighting and the hurt feelings and this and that. The 8 implementation of the Wastewater System has been rough 9 at times. And there's been some resistance to it. It 10 was a necessary change that we had to make moving 11 forward. I think Precinct 2 is fixing to -- has already 12 started on theirs and will probably face some of the 13 same issues we faced. But people get their personal 14 feelings involved and people get their feelings hurt and 15 sometimes grudges are held. 16 The reason I stepped up and offered to take 17 over as Mayor was because I have worked both at the 18 Police Department and City Hall, and I have a long 19 history with the Police Department. At one time, years 20 ago my father was the marshal in the City of Ingram. So 21 I'm very familiar with the operation of the Ingram 22 Police Department and I felt like there was no one else. 23 We're limited to only who's a resident of the City of 24 Ingram for council members and the Mayor, and I felt 25 like there was no one else who had the experience of 14 1 knowing the inner workings of both departments that 2 could step up and take over and that's why I volunteered 3 to do it. 4 I have no dog in the hunt for either the 5 Police Department or the Wastewater System and the 6 ongoing problems they were having with each other. I 7 kind of feel like I can be independent and have an 8 independent point of view and bring that forward and 9 hopefully we can settle some of the ongoing lawsuits. 10 It's my hope that we can settle that amicably with our 11 citizens and not continue to fight each other. That's 12 my -- and those are lofty goals, I've been -- thank you, 13 Kerrville Daily Times for pointing that out. But yes, 14 they're lofty goals, but those are my goals. 15 We've got to put this behind us and move 16 forward because right now the only -- the only people 17 that benefit from everyone fighting is the attorneys. 18 And we -- 19 JUDGE KELLY: Amen to that. 20 MS. RIDER: -- we've got to stop. 21 COMMISSIONER BELEW: Kathy, will that be 22 like a public forum kind of thing or are you going to 23 just negotiate with people? 24 MS. RIDER: It -- it -- I don't know that it 25 can be a public forum with the ongoing lawsuits because 15 1 they've been in -- in the course of action for several 2 years now. I'm reaching out to our attorneys, hopefully 3 today or this week, to make a suggestion and reach out 4 with an olive branch to our citizens because I'd -- I'd 5 like to see that's causing some of the dust up with some 6 of our current sitting council members that were elected 7 by the people and some of our local business owners, and 8 we do not want to fight our business owners and our 9 citizens, I don't think, 'cuz nobody wins. 10 JUDGE KELLY: Kathy, can you give us any 11 insight into the change in the form of governance in 12 Ingram? I know that they were a City Manager-type City 13 as in the Local Government Code. 14 MS. RIDER: Yes. 15 JUDGE KELLY: And they've changed from that 16 back to City Council -- 17 MS. RIDER: Yes. 18 JUDGE KELLY: -- and the Mayor became the 19 Executive Officer of the City. 20 MS. RIDER: Yes. They removed the City 21 Administrator position so basically that has put me in 22 the position to be responsible for most of the 23 day-to-day operations. That was part of the difficulty 24 they were having -- the chief of police we had, which 25 was Chief Griffin, did not feel like he could answer to 16 1 a sitting Council, like -- like Commissioners' Court, 2 like y'all do. He -- he only wanted to answer to one 3 person. 4 When I stepped up as Mayor, I made the offer 5 to be the spokesman and the go-between so he didn't have 6 to go to each council member. The concern was that a 7 council member would walk into the Police Department on 8 any given day and give orders to the Chief of Police, 9 and that was never the intention, is my understanding. 10 And it -- obviously, that cannot work, you know. Each 11 Commissioner couldn't go into Rusty's office and tell 12 him on any given day, I want you to do X, Y and Z. 13 SHERIFF HIERHOLZER: Some of them have 14 tried. No. 15 COMMISSIONER BELEW: He's an elected 16 official. We can't tell him anything. 17 (Laugher.) 18 MS. RIDER: Well, if -- if he were employed, 19 you know, as -- as an employee, it -- it could cause 20 chaos, and I appreciate that thought process. And 21 that's why I said, I would be willing to be the person 22 that the Chief can come to in lieu of having council 23 members just walk in any day. And I don't think that's 24 their intention. I think their intention by removing 25 the City Administrator position -- they felt like they 17 1 were not all getting information in a equal manner, and 2 it started to cause a little bit more chaos in the City. 3 In theory, it should remove the chaos and make it 4 streamlined and run better, but in the situation we were 5 in it -- it really did tend to cause more chaos and more 6 confusion and more problems. 7 So now the sitting council members will have 8 an active, ongoing knowledge. The Chief of Police we 9 brought in, Chief Twiss, has -- has said, you know, I 10 will give you updates on what we're doing daily, if 11 that's what y'all want, you know, I have no problem 12 communicating with y'all. And so, so far, it -- it's 13 worked really well. And I don't -- I don't foresee any 14 major problems. Because -- and that's why I -- I 15 suggested a strong chief. 16 JUDGE KELLY: Okay. And so that the public 17 understands and members -- the citizens of the County, 18 the administrative duties that your City Manager 19 administrator once did now fall onto your shoulders? 20 MS. RIDER: Yes. Yes. 21 JUDGE KELLY: That's a big job. 22 MS. RIDER: Yes, it is. 23 JUDGE KELLY: And as you know, as County 24 Judge one of my main duties is to be the chief budget 25 officer of the County, financial officer of the County. 18 1 And I think you are the counterpart in Ingram for us 2 now. 3 MS. RIDER: Yes. 4 JUDGE KELLY: And I've taken a brief look at 5 your financials, I think you got your hands full. 6 MS. RIDER: Yes, I do. 7 JUDGE KELLY: We wish you the best. We do 8 have certain resources here that needs to be able to 9 look and analyze some of the numbers if you need help on 10 that. We can't tell what you to do so -- 11 MS. RIDER: No. But I appreciate the offer. 12 JUDGE KELLY: But I do sit down with our 13 Auditor on a regular basis and as you start this and 14 have questions, feel free to give us a call. Because 15 we're here to help. 16 MS. RIDER: Yes. And I would like to use 17 this public forum to dispel some rumors, if I -- if I 18 may. The rumor is still rampant that the city -- the 19 newly elected city council is going to disband the City 20 of Ingram and unincorporate. And that is absolutely not 21 the case. That -- they would like to get the budget 22 under control. They would like to cut spending. They 23 would -- we are now operating in a deficit budget and I 24 don't know that the public's aware of that. Have been 25 for a couple of years. And so our goal is to no longer 19 1 be running in the red and -- and get back to where we 2 have a balanced budget. 3 And I think that -- that has created the 4 rumors of disbanding the City and doing away with the 5 City. That kind of led into that. There -- there's no 6 intention of doing away with the Police Department and 7 defunding the Police Department. Responsible spending 8 is not defunding. Those are night and day, completely 9 different things. Defunding is a political movement and 10 that's not what this is. This is getting spending under 11 control. 12 COMMISSIONER MOSER: What's the population 13 of Ingram? 14 MS. RIDER: It's 1857 people. 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER LETZ: Two things. Kathy, one, 17 thank you for stepping up. I think it's -- you'll do a 18 great job and appreciate you taking it on because they 19 needed someone who has the knowledge you have. And so 20 appreciate that. And the second thing is, be wary of 21 Open Meetings Rules. 22 MS. RIDER: Yes. 23 COMMISSIONER LETZ: The way y'all are set up 24 right now makes it very difficult for you to communicate 25 and -- 20 1 MS. RIDER: Yes. 2 COMMISSIONER LETZ: -- and work and counsel. 3 And just be -- that's just a caution. Just be very 4 careful of -- of violating those rules. Because if 5 people are very entrenched on both sides in Ingram right 6 now, they're going to be looking for that issue, I 7 suspect. 8 MS. RIDER: We -- we -- yes, I'm aware of 9 that and that actually came up in the December 1st 10 council meeting and was very heated because our council 11 used to operate in committees and each committee had a 12 project. And I had an idea about resolving that and 13 doing public workshops, where the public can come in 14 and -- in the important big issues, we can do a workshop 15 on -- an open public posted workshop where anybody can 16 come and watch. 17 And hopefully, I've reached out to the 18 lawyers to see if we're able to operate in that manner, 19 where we're not fumbling through a City council meeting 20 trying to handle business awkwardly through a City 21 council meeting and we can maybe do some -- like we used 22 to do the budget workshops. And I hope that will 23 coincide with the new law and -- and keep us from being 24 in trouble for Open Meetings Act. So -- 25 COMMISSIONER LETZ: Good luck. 21 1 MS. RIDER: -- hopefully that works. 2 JUDGE KELLY: And Kathy, just to clarify, 3 Ingram has, what, five City Council members? 4 MS. RIDER: Yes. We have five city 5 councilmen and a Mayor, and we've got one council 6 position open currently that has yet to be filled, and 7 my understanding is we're fixing to have another council 8 person resign. So it's -- 9 COMMISSIONER BELEW: So two seats. 10 MS. RIDER: We potentially will have two 11 seats. He has not resigned yet, but my understanding is 12 this is coming. 13 JUDGE KELLY: Well, so -- so the public will 14 understand the -- on the Court, we have four 15 Commissioners and a Judge. There's five of us. And the 16 majority vote carries the day. In Ingram, you've got 17 five City Councilmen that have a vote but a Mayor who 18 does not. 19 MS. RIDER: Exactly. I do not have a vote. 20 The only time I would ever vote is in the event of a tie 21 and that rarely happens because of the way it's set up. 22 JUDGE KELLY: Right. So you really have all 23 the responsibility and very little say when it comes to 24 voting. 25 MS. RIDER: I have almost no say. 22 1 Potentially no say. 2 JUDGE KELLY: And the Open Meetings Act -- I 3 wanted to say I -- I learned a whole new phrase when I 4 took this job. I learned tap out. And when you talk to 5 one other person for us, we're tapped out. When you 6 talk to a third person, then we've got a quorum. 7 MS. RIDER: Uh-huh. 8 JUDGE KELLY: And that can be a walking 9 quorum. And our County Attorney severely chastises us 10 if we make those mistakes and reminds us not to do it on 11 a regular basis. And I frequently start my 12 conversations with my fellow Commissioners, I'm going to 13 tap out with you. So I know who I've tapped out with on 14 what issues. And I'll just give you that as a tip. 15 MS. RIDER: Okay. 16 JUDGE KELLY: You don't tap out because you 17 don't -- you don't have a vote. 18 MS. RIDER: Uh-huh. 19 JUDGE KELLY: They tap out. You can talk to 20 anybody, as I understand it. 21 COMMISSIONER HARRIS: Kathy, with all the 22 resignations you have in the Police Department and what 23 have you, I -- I just heard this morning that some of 24 them that were going to leave as of the 3rd or 4th of 25 January are maybe gone now? 23 1 MS. RIDER: That's exactly true. 2 COMMISSIONER HARRIS: I know that Rusty 3 offered to, you know, be the safety net through the 4 first of the year, but it looks like it's going to -- 5 you're going to be shorthanded well into the New Year 6 for awhile. 7 MS. RIDER: I was -- I was just talking with 8 Rusty about this. We have someone who's offered to step 9 forward and help Carol out in the short term, and that's 10 your newly elected Precinct 4 Constable. He's helping 11 answer calls and -- and just kind of keeping our head 12 above water until he gets sworn in on the first as the 13 Constable and then -- 14 JUDGE KELLY: You're pretty close to him, if 15 I remember right? 16 MS. RIDER: Yes. I'm pretty close to him. 17 That's my husband. But he's offered to step up and -- 18 and help out. And when he gets sworn in as the 19 Constable, he's also going to continue to help her out 20 as long as she needs. But I really -- I really feel 21 like -- and -- and I've got to credit Brad for saying 22 this, he's always said the little Police Department 23 there in the City of Ingram has the potential to be the 24 star of the Hill Country. It really has the potential 25 to be something special. And -- and hopefully Chief 24 1 Twiss can make that happen. And -- and then the County 2 can be asking us if we can help out. 3 COMMISSIONER HARRIS: Well, I think where I 4 was going with this is, you know, we want to be there to 5 help, but after awhile it gets to be a strain and, you 6 know, I always said, you know, even when the rumors 7 which are not true, let's stomp that out that y'all are 8 defunding the police and everything, well the County 9 just pick it up. And all of a sudden, well, that will 10 have to be negotiated at some -- at some point? 11 MS. RIDER: Oh, absolutely. And I've -- 12 COMMISSIONER HARRIS: And going forward in 13 the first of the year, we may have to get our County 14 Attorney to get involved and draw something else up. 15 MS. RIDER: I've cautioned them that that 16 what's not understood is the term I keep hearing thrown 17 about is well, we pay county taxes and that's not what 18 our county taxes are paid for. And I understand that. 19 And -- and I appreciate where you're coming from, and 20 we're not going to burn y'all any longer than we have 21 to. 22 And I don't think everyone understands that 23 we could not afford probably to, in lieu of having a 24 Police Department, pay the Sheriff's office for services 25 because there's -- there's a problem of availability of 25 1 officers. Precinct 4 is the biggest Precinct in the 2 County. And it's a huge expense. So we will put a 3 burden on the County Sheriff's Office by -- if something 4 major happens in Ingram, and sometimes it does. If 5 their west officer is tied up on something major, they 6 could have two or three officers tied up on something 7 major and then you have something major go down in the 8 City of Ingram which will pull officers from the other 9 parts of the County -- 10 COMMISSIONER HARRIS: Right. 11 MS. RIDER: -- and leave them exposed. And 12 it's just not a good working system. Ingram is really, 13 truly busy enough to maintain its own Police Department. 14 And -- and it would just -- it would weaken law 15 enforcement in the west end of the County if we chose to 16 pay the County for services in lieu of having a 17 department. 18 COMMISSIONER HARRIS: Right. 19 MS. RIDER: There's just too much going on 20 to do that. 21 COMMISSIONER HARRIS: All right. Good. 22 JUDGE KELLY: Kathy, as you know, I go 23 through Ingram at least twice a day, sometimes four. 24 I'm three miles -- three and a half miles west. I 25 really think that our hearts go out to you. You've got 26 1 a big problem that you're tackling. And I think from 2 the County's viewpoint, what we want to do is keep lines 3 of communication open and cooperate. We're not here to 4 fight with one another. Just like your councilmen are 5 not there to fight with each other. They may have 6 differences of opinion. But this is the time for us to 7 work together at every level and try to make things 8 better for especially the people in west Kerr County. 9 MS. RIDER: Yes. And -- and you point out 10 that you drive through town and -- and something -- I've 11 recently met with the superintendent of schools and 12 explained to him that, you know, the school, the folks 13 that drive through Ingram, you -- you may not have a 14 business in Ingram, you may not be a citizen, but if you 15 live within a few miles radius of Ingram or if you shop 16 in Ingram, or if you even drive through our town, you 17 have a vested interest in our Police Department and how 18 our business runs. 19 JUDGE KELLY: Absolutely. 20 MS. RIDER: Just because you're not a voting 21 citizen doesn't mean you don't have a vested interest in 22 Ingram and I -- and I appreciate that. And -- and, you 23 know, any given day someone just traveling through, a 24 tourist or a visitor could get killed on the highway and 25 I understand that. And so that's why -- one of the 27 1 reasons I feel it's important to step up and try to sort 2 this out as quickly as possible. 3 JUDGE KELLY: In fact, I think it was a 4 little over a week ago that I was in a meeting there in 5 Ingram with some of your local leaders right about the 6 time that all of this started and it -- looked around 7 the room and were trying to help with this problem, we 8 noted that none of us lived in the City limits of Ingram 9 but we're there because we're affected by it and we're 10 all in this together and -- really. 11 MS. RIDER: Well, I appreciate that. Thank 12 you very much. 13 COMMISSIONER BELEW: I want to give you one 14 piece of advice. Do your own messaging. Put your own 15 information out. Don't count on any of the local media 16 guys to get it right. 17 MS. RIDER: Okay. 18 COMMISSIONER BELEW: Take charge of that. 19 Whether it's social media or whether it's press 20 releases, because you have real issues to deal with and 21 you don't need misinformation. That only makes it more 22 difficult. So take charge of that. That's my advice. 23 If you've got a person that can do it that's capable, we 24 did it in the County and it has been very beneficial to 25 get information out ahead of rumor. 28 1 MS. RIDER: Uh-huh. I'll -- I'll take that 2 and use it. 3 COMMISSIONER HARRIS: Yeah. I think anybody 4 that -- I know there's some social media pages that I 5 think -- well, I don't know how you do it, but get rid 6 of whoever, is gone, before posting anything else. 7 MS. RIDER: That's been taken care of. I -- 8 I'm -- I took care of that last week. 9 COMMISSIONER HARRIS: Okay. Very good. 10 JUDGE KELLY: Sheriff, do you have anything? 11 SHERIFF HIERHOLZER: Well, the only thing I 12 want to say, and I can't speak for after January 1, but 13 at least between now and January 1, I have offered to 14 the Mayor of Ingram to -- any help that we can possibly 15 do. We've already sent bullet proof vests up there. 16 Their phones primarily -- if they're not in office, are 17 all being transferred to our office. We're answering 18 all their phone calls. 19 We are running calls now that their officer 20 ran one last night and he informed mine that that was 21 the last one he had. So it is, you know, on us to -- to 22 try and help out and I think we should for the citizens 23 sake. 24 I do -- and I have even heard awhile back 25 from one of their new City Councilman that said well, it 29 1 doesn't matter because we pay county taxes so the county 2 has to step in and take over because that's what our 3 county taxes are paid for. 4 And as Kathy alluded, and one thing I think 5 the citizens of Ingram do need to know is that's not 6 what their county taxes are paid for, okay, once they 7 incorporated. The county tax part is totally different 8 than what the city taxes are, just like Kerrville. 9 I had a Kerrville City Councilman tell me 10 that same thing one time is that they are double taxed, 11 and so the county can deal with it. I'll put it this 12 way, and in criminal justice it's simple, and I can make 13 a real quick explanation of it. Say you have a homicide 14 inside the city of Ingram and you have a homeless person 15 that ends up killing somebody else, okay. The City of 16 Ingram Police Department sends an investigator out to 17 investigate that, an autopsy has to be performed. The 18 County pays for that autopsy, including toxicology and 19 everything else on the -- on the deceased. 20 The suspect took off to California or San 21 Antonio or wherever. The City of Ingram gets arrest 22 warrant for the suspect. As soon as they get the arrest 23 warrant now it's the County's responsibility to go get 24 him arrested and bring him back. It's the county's 25 responsibility because it was on a warrant, okay, to 30 1 house him in the county jail. It doesn't cost the City 2 of Ingram one dime to house that person arrested on a 3 warrant in the county jail. It's the county's 4 responsibility to take care of that inmate's medical 5 problems; not the city taxes of Ingram. Okay. 6 Then once you finally do get to trial or 7 anything else, the county pays for the courtroom and the 8 judges and the juries and all the expert witnesses, and 9 every bit of that is the county's responsibility. The 10 only thing the City of Ingram would have to pay for, or 11 the City of Kerrville if it was them, is that initial 12 officer going to that crime scene. The rest of it's on 13 the county. 14 COMMISSIONER BELEW: And if that -- if that 15 murder victim is indigent the County buries him. 16 SHERIFF HIERHOLZER: The -- well, the 17 county -- not only does the county have to pay the 18 paupers due, the person -- the suspect has to have an 19 attorney, okay. And y'all are going through that with 20 the indigents -- the county pays for that defense 21 attorney and pays for all the appeals. Okay. 22 JUDGE KELLY: Pays for the prosecution and 23 the defense. 24 SHERIFF HIERHOLZER: Okay. Yeah, every bit 25 of it. 31 1 JUDGE KELLY: And the -- and the judicial -- 2 SHERIFF HIERHOLZER: Not the city taxes at 3 all. And I'm not picking on Ingram. I'm -- you know, 4 the City of Kerrville, too. I think they -- they need 5 to understand that. 6 JUDGE KELLY: Sure. 7 SHERIFF HIERHOLZER: And then you look at 8 the other parts of it. All the property deeds in the 9 City of Ingram are kept where? 10 COMMISSIONER MOSER: County Clerk. 11 SHERIFF HIERHOLZER: County Clerk takes care 12 of all that and keeps records of all those deeds. Okay. 13 All the death certificates, birth certificates are kept 14 by our County Clerk. Okay. Vehicle registrations, done 15 by the tax assessor. So people have a real 16 misconception of what their county taxes and what their 17 city taxes pay for, and it's -- it's day and night. 18 It's two key totally different things. 19 So like right now in my department, I know, 20 hiring officers is not an easy task. And it takes a lot 21 because you don't want, you know, to get bad officers 22 either and there -- there's a lot of requirements. And 23 Carol can probably do it a lot quicker than we can, but 24 it takes us normally a minimum about two months to get 25 one person hired. 32 1 To cover the City of Ingram 24-hours a day 2 with just one officer on duty by the National Statistics 3 and everything else is five people. So it's going to 4 take five officers to fill one position 24-hours a day. 5 And that's because of training, vacation, sick, all the 6 rest of that you have to figure in, that's the number of 7 officers you've got to have just to fill one position. 8 And so, it's going to take some time for the City of 9 Ingram to get all that done. 10 Now, I think in the transition in the 11 emergency situation they've got that it would be 12 irresponsible for the County or the Sheriff's Office not 13 to just step in and do what we gotta do. 14 But if it does end up being longer to where 15 they go back to not having 24-hour service and things 16 like that, at that point I would say it's time for the 17 County leaders, being Heather and them and the City 18 leaders, to get together and start looking at a contract 19 like we have with the dispatch contract because it does 20 draw a lot on the -- on the Sheriff's office resources 21 and could end up costing us more in trying to fulfill 22 those obligations for them. 23 But other than that, Ingram has my prayers, 24 okay. Because it's not an easy road. You know. I've 25 been with our department years ago when I had five 33 1 officers walk out at one time, you know. Not -- prior 2 to my being Sheriff, but even in the Sheriff's 3 Department that makes it hard. 4 And when you have what they had happen, I 5 can tell them right now, the citizens can feel 6 comfortable, we're going to be there to help fill in 7 that gap. I know Carol and the ones she's got trying to 8 help take calls is one thing, too, but the rest of 9 them's going to be covered by the Sheriff's Office. The 10 citizens need to know, you know, we're going to be 11 there. Period. Okay. 12 JUDGE KELLY: Good. 13 SHERIFF HIERHOLZER: Thank you. 14 JUDGE KELLY: Again. Cooperation. 15 MS. RIDER: Yes. Thank you, Judge. 16 JUDGE KELLY: Anything else on this 17 discussion item? Thank you for coming to talk to us. 18 MS. RIDER: Thank you. 19 COMMISSIONER MOSER: Thank you. 20 JUDGE KELLY: And anytime you need to get 21 information to us, feel free to come back. 22 MS. RIDER: Okay. I will. 23 COMMISSIONER HARRIS: Thank you, Kathy. 24 MS. RIDER: Thank you very much. Thank 25 y'all for having me. 34 1 JUDGE KELLY: Okay. The next item on the 2 agenda is 1.2, and I think Mary Rohrer is out in the 3 hallway. 4 SHERIFF HIERHOLZER: She is. 5 JUDGE KELLY: She was bundled up when I saw 6 her. 1.2. Good morning. 7 MS. ROHRER: Good morning. 8 JUDGE KELLY: I'll call Item 1.2 consider, 9 discuss and take appropriate action on requests from the 10 Kerrville Kerr County Joint Airport Board regarding: 11 (1) Declaration of emergency expenditure, hangar door 12 repairs at 1815 Airport Loop, and (2) Movement of more 13 than five percent of Board Budget. Mary Rohrer. 14 MS. ROHRER: Good morning. 15 COMMISSIONER MOSER: Mary, you can take your 16 mask off. 17 MS. ROHRER: Oh yes, sir. Sorry about that. 18 I forget about that. I guess I was here last week. And 19 since that time both Tom Moser and I have met, as well 20 as Jonathan and I have met, and we have also had 21 discussions with the City Attorney who had discussions 22 with Heather. 23 So I think my understanding is that we need 24 to continue to work on some of our Interlocal Agreement 25 documents in the future. We're working on updating that 35 1 to make some of these paragraphs clearer, but I'm here 2 to answer any questions that the Commissioners may have 3 for me. 4 COMMISSIONER MOSER: Since I requested to 5 defer this from the last meeting, Mary's right. I met 6 with Mary -- Jonathan and I both met with Mary. And I 7 wanted to understand -- where I was coming from is most 8 hangars, box hangars have a single door. This one has 9 two doors. 10 So my question was before I went out to meet 11 with Mary is, why couldn't we just use one door in that 12 hangar? And the answer is very simple. Took no -- a 13 few minutes to understand it. This -- this building, 14 this hangar, is literally two hangars in one building. 15 Okay. So there's a divider in the building. There's -- 16 there's customers and renters on both sides. I think 17 the revenue off this building is $90,000 per year, I 18 think Mary quoted. So it literally does need two 19 separate doors in the north side and the south side of 20 the hangar. 21 So with that I was convinced we need two 22 sets of doors. Jonathan is working with the insurance 23 on -- from TAC on what the amount that the insurance 24 will pay, so the real request is to reallocate budget, 25 and I'm for that. And the amount is -- what we -- what 36 1 we need to do it, and Mary's got multiple bids on these 2 two sets of hangars, I believe $280,000 -- 3 MS. ROHRER: Uh-huh. 4 COMMISSIONER MOSER: -- for each set of 5 doors or $560,000, and the insurance is -- 6 COMMISSIONER LETZ: Still -- it's still up 7 in the air a little bit. It's $160 some thousand, 174? 8 MS. ROHRER: $168 plus $50,000 if we rebuild 9 it back again, deferred appreciation thing. 10 COMMISSIONER LETZ: Each door? 11 COMMISSIONER MOSER: And hopefully that -- 12 MS. ROHRER: Just one. 13 COMMISSIONER MOSER: -- hopefully that can 14 go up. Since she got bids for -- multiple bids for 15 these doors, so maybe we'll get more insurance on there. 16 So with that, I would move to follow the 17 request of Mary Rohrer to reallocate existing budgets 18 for the amount necessary to replace the two hangar 19 doors, subtracting off what we get for insurance and 20 it's all within the budget. 21 COMMISSIONER BELEW: Now, I thought this had 22 to do with considering it an emergency. 23 COMMISSIONER MOSER: Well, that's -- that's 24 Interlocal Agreement. 25 COMMISSIONER LETZ: Let me second and then I 37 1 can probably answer that a little bit. 2 COMMISSIONER MOSER: Yeah. Okay. Yeah. 3 COMMISSIONER LETZ: There's -- there's two 4 emergency issues. One was the Interlocal Agreement 5 refers to emergency that they can't move the money -- 6 they can't access this reserve money under the 7 Interlocal without doing what they've done, which is the 8 Chairman of the Board or the President, Mark Mosier, 9 sending the letter. 10 That language -- well, I'm not going to go 11 into why it was in there originally, it probably 12 needs -- that needs to be removed in the new Interlocal 13 so they're working on it right now. And that doesn't 14 track exactly with us declaring an emergency, it's a 15 different thing. 16 I believe the County Attorney and the City 17 Attorney have talked about it, and because of the nature 18 of the damage was in July, it actually is an emergency. 19 It does qualify because of the timing of the damage, and 20 the insurance quotes, and the thing that it was unknown 21 at the time but it was done, exactly what the cost was 22 going to be. So it does qualify technically as an 23 emergency. Is that correct? 24 MRS. STEBBINS: That is correct. 25 COMMISSIONER BELEW: The Interlocal 38 1 Agreement, did it contain a definition of what they 2 consider an emergency? 3 COMMISSIONER LETZ: No, not really. 4 MS. ROHRER: It's really -- emergency 5 expenditure is what it was called and that term was 6 called an emergency expenditure. So it -- yeah -- 7 COMMISSIONER BELEW: There was no 8 definition? 9 MRS. ROHRER: No. 10 COMMISSIONER BELEW: So it's ambiguous if -- 11 if you have one guy says this is an emergency 12 expenditure and the other one says it's not, so you're 13 trying to get everybody on the same page in other words. 14 And there's -- 15 COMMISSIONER LETZ: It was -- that language 16 was put in there when the Board was first set up. And I 17 don't want to go into the details as to why I think it 18 was put in there because that's -- 19 COMMISSIONER BELEW: Yeah. Well, it doesn't 20 matter now. 21 COMMISSIONER LETZ: -- it's a personal 22 opinion and it doesn't make any difference. But it 23 does -- it needs to come out in my opinion. 24 COMMISSIONER BELEW: Okay. 25 COMMISSIONER LETZ: And we'll -- and you 39 1 know -- 2 COMMISSIONER MOSER: And that's a different 3 subject. 4 MS. ROHRER: We'll be -- we'll be talking 5 about that some more. 6 COMMISSIONER LETZ: Now on the insurance 7 issue, we're still working with TAC trying to figure out 8 exactly if they will go to the $280,000 estimate that we 9 have, which I think they should, minus possibly a 10 little, you know, depreciation thing. 11 COMMISSIONER BELEW: Sure. 12 COMMISSIONER LETZ: So the -- you know -- 13 COMMISSIONER BELEW: Which is the County's 14 half? 15 COMMISSIONER LETZ: Yeah. Well, it's the 16 County's -- it's our insurance. We cover the insurance 17 for the whole thing. So worse case, it would be about 18 $400,000 and they have about $700,000 in reserve or 19 funds to take the money from. Hopefully, it'll be about 20 80, $90,000 less than that. Maybe 20 or somewhere in 21 there. But we're waiting on that insurance 22 determination. 23 COMMISSIONER MOSER: So it's -- it's not 24 city and county's responsibility for both, but it's in 25 the budget, like Jonathan said. 40 1 COMMISSIONER BELEW: So it's the County's 2 portion, not the County's half at least, right? 3 COMMISSIONER MOSER: It doesn't -- doesn't 4 matter. 5 COMMISSIONER LETZ: Different funds. 6 COMMISSIONER MOSER: It doesn't matter. We 7 both -- we both own the doors. City and County both own 8 the doors. 9 COMMISSIONER BELEW: Right. 10 COMMISSIONER MOSER: So how we -- how we pay 11 for those doors is out of the budget for it to be 12 approved, we have to approve the Airport Board to move 13 more than five percent within their budget. So the City 14 council has already approved this, so it's now up to the 15 County to approve it and that was the reason for the 16 motion to -- 17 COMMISSIONER LETZ: It comes -- it's coming 18 out of the airport's reserve; not the City and the 19 County. 20 COMMISSIONER BELEW: Right. Yeah, I get it 21 now. Okay. 22 JUDGE KELLY: Mary, do I understand 23 correctly that you need our approval for your Airport 24 Board to declare this emergency expenditure, and you 25 need our approval because you're moving more than five 41 1 percent of your budget? 2 MS. ROHRER: I'm going to -- I -- honestly, 3 I looked at this. I think all that we needed to do is 4 notify you that we have this emergency expenditure and 5 then we're asking for the money to be -- to be moved. 6 So again, I'm going to defer to Heather 7 because she's probably looked at this as much as I have, 8 but I mean it's just -- the actual section out of the 9 Board says that we need to notify you all. 10 JUDGE KELLY: So all you need from us is 11 approval to do this? 12 MS. ROHRER: Yes. Yeah. 13 COMMISSIONER MOSER: And that's the motion. 14 COMMISSIONER LETZ: Second. 15 JUDGE KELLY: Okay. Motion's been made by 16 Commissioner Moser, seconded by Commissioner Letz to 17 approve the expenditure for the new doors for the hangar 18 repairs at 1815 Airport Loop. 19 COMMISSIONER MOSER: Out of the existing 20 budget. 21 JUDGE KELLY: Out of the existing budget. 22 MRS. ROHRER: Yes. 23 JUDGE KELLY: Any discussion? Those in 24 favor raise your hand. 25 COMMISSIONER BELEW: Just -- just so that 42 1 any -- everybody watching and listening at home knows, 2 that's why there's not a 50/50, because this is a budget 3 item. So it's not the same as most of what we do with 4 the Airport. I want to make sure. Because people may 5 hear this and not know why, and that's why. 6 COMMISSIONER MOSER: Okay. 7 COMMISSIONER LETZ: Okay. 8 JUDGE KELLY: Those in favor raise your 9 hand. Five zero, unanimous. Thank you, Mary. 10 MS. ROHRER: Okay. Great. Thank you very 11 much. 12 COMMISSIONER MOSER: Thank, Mary. 13 COMMISSIONER LETZ: Thank you, Mary. 14 COMMISSIONER MOSER: Thanks for coming back. 15 MS. ROHRER: You're welcome. 16 JUDGE KELLY: Item 1.3 consider, discuss and 17 take appropriate action to approve an unbudgeted 18 purchase of a storage server for the Sheriff's 19 Department. 20 MR. MOTHERAL: I'm up here too. 21 COMMISSIONER BELEW: Santy Clause. 22 MR. MOTHERAL: Yeah. Tyler Technologies, 23 who is our major software vendor, has told us that one 24 of their products that we currently use will not be 25 NIBRS compliant one day, and the next day it's maybe 43 1 compliant. And this is not tenantable. 2 In order to progress forward, we need to 3 purchase some equipment that was not planned for, this 4 came out of blue because of their changes. And we 5 absolutely have to do this in order to be compliant with 6 the reporting for the Feds. 7 COMMISSIONER MOSER: So what's the amount 8 and where does the money come from? 9 MR. MOTHERAL: The -- in order to be 10 compliant with the Federal Government -- Sheriff, let me 11 see those bids. 12 COMMISSIONER MOSER: So what's the amount 13 and where is the money coming from? 14 SHERIFF HIERHOLZER: All right. First off, 15 to explain it a little bit. I'm not very happy with 16 Tyler Technologies. But y'all remember I came to you 17 all last month about us having to go to a different law 18 enforcement reporting system because our current one is 19 Odyssey, which is Tyler Technologies, will do UCR 20 reports, but it will not do the new federal reporting 21 which is NIBRS. 22 COMMISSIONER MOSER: Which is UCR? 23 SHERIFF HIERHOLZER: UCR is Uniform Crime 24 Reporting. 25 COMMISSIONER MOSER: Okay. 44 1 SHERIFF HIERHOLZER: Okay. NIBRS is a UCR, 2 but it's expanded. Not only -- UCR only kept track of 3 the seven major crimes. Okay. NIBRS now has to keep 4 track of everything, which is even like a family 5 violence assault. Now it will keep track of that and it 6 has to keep track of what's the relationship between the 7 victim and the suspect. 8 JUDGE KELLY: And what's NIBRS? 9 SHERIFF HIERHOLZER: It's the National -- I 10 had it the other day. It's a bunch of nice long words 11 for statistical reporting is all it amounts to that 12 they've -- it's taking the place of the UCR. 13 So if you're not NIBRS compliant, your 14 agency, and it may be County, is no longer eligible for 15 JAG Grants, Justice Assistance Grants. Right now, Kerr 16 County, the Sheriff's office, we don't have any Justice 17 Assistance Grants, but that's not to say the next 18 administration might not want some, because it does -- 19 those grants help with bullet proof vests. Ours come 20 from a different one. But they also help with drug 21 courts, they help with -- with more officers, they help 22 with probation departments, they help with drug 23 treatment. I mean -- detention stuff, everything. So 24 it's a big grant -- block type grant. 25 COMMISSIONER MOSER: But we don't -- we 45 1 don't have that now? 2 SHERIFF HIERHOLZER: I don't now. I used to 3 in the past but I don't right now. But it would make us 4 ineligible. So I do think we need to be NIBRS 5 compliant. We need to report the stats as they want 6 them. 7 Now, the problem we have with it is Odyssey 8 can't do it and they're owned by Tyler Technologies. 9 Tyler Technologies has another RMS system that does do 10 it, but the two right now don't talk to each other very 11 well, okay. They're both by the same company. They're 12 giving us the system for free because they're just 13 taking the amount that we took -- we're currently paying 14 for our law enforcement part and applying it to the -- 15 to the new one. All right. And so it's not costing us 16 anything there. 17 But the problem you have is they have to 18 convert the data that's in Odyssey right now to fit in 19 NIBRS, okay, or fit in the new law enforcement system. 20 The new system is exactly the same system Kerrville PD 21 uses, so it's not like it's not tried and true, it's -- 22 it's a decent system. 23 But the problem Bruce has is the storage of 24 server space that Kerr County has is getting close to 25 maxing out, period. Regardless of this new system or 46 1 anything else, we're running out of storage space. You 2 know, you figure when I have videos, every car has 3 videos, every person has video. Cars have three videos, 4 okay. There's all kinds of data, crime scene 5 photographs, everything that have to go in there, and 6 we're maxed out. 7 MR. MOTHERAL: And so if it's not operating, 8 it's even slower. It's -- that stuff retained. 9 SHERIFF HIERHOLZER: It's stacking up worse. 10 So it's just getting worse and worse. So I told Bruce 11 if we have to do this, what's it going to cost to get 12 Kerr County servers up and going correctly? And it's 13 not just the Sheriff's Office, it's -- it's for all of 14 us, okay, to have the space. 15 And there's two different parts to it. One 16 is $12,532 and the other one is $4,793. So when you add 17 the two together, you're talking 18 -- somewhere around 18 18,000. 19 I got to looking at my stuff, and I just 20 talked to the Auditor, and she can come in here and 21 verify some of this if we would, since it is both -- 22 thank you -- it's the National Incident Based Reporting 23 System, Judge. Our HR person looked it up while I was 24 here. Thank you. 25 I have enough money in my seizure account 47 1 and in our equipment donated funds that I don't have -- 2 and it wouldn't hurt the next -- the incoming 3 administration, it would still leave plenty in there. I 4 don't have any problem paying the 5,000 -- I mean the 5 $12,532. And if the County -- since it is a countywide 6 system, would pay the $4,793 out of contingency and I 7 think we can get this done and take care of the County's 8 storage for years to come. 9 COMMISSIONER MOSER: Is it -- is it possible 10 for the storage to be in the cloud as opposed to on the 11 server? 12 MR. MOTHERAL: The answer to your question 13 is yes. But cloud storage in and of itself, you pay to 14 have it stored and you pay a transaction for every time 15 you touch it. 16 COMMISSIONER MOSER: So how does it -- how 17 do they compare? 18 MR. MOTHERAL: It's much more expensive in 19 the cloud. 20 COMMISSIONER BELEW: It's like the 21 difference in having a rental place where you put your 22 stuff, or having it in your barn. We can have it in our 23 barn, save and secure, or we can pay a storage facility. 24 COMMISSIONER MOSER: I'm just looking for a 25 dollar comparison. 48 1 SHERIFF HIERHOLZER: Yeah. Well, the 2 other -- your prior IT Manager, even though him and I 3 didn't see eye to eye on a lot of things, he refused to 4 do things with the cloud because he said it was too 5 vulnerable to having issues that other counties had had 6 so I -- 7 COMMISSIONER MOSER: Well, that's -- that's 8 what I thought the answer was going to be. But it 9 sounds like -- 10 MR. MOTHERAL: It's cost also. 11 COMMISSIONER MOSER: But -- and I understand 12 it's cost. There's cost A and cost B. So how does 13 cost A and cost B compare? 14 MR. MOTHERAL: I don't have you an apples to 15 apples right at this minute. 16 COMMISSIONER MOSER: How can you make a 17 decision if you don't know? 18 MR. MOTHERAL: Because historically it's 19 been that way. We go and we'll look at the cloud based 20 storage from multiple sources and that's what we come 21 back with. 22 COMMISSIONER MOSER: Wait. So there are 254 23 counties in the state. So do all other counties have 24 this same problem? Since it's -- they would be -- 25 MR. MOTHERAL: I would answer the question, 49 1 I -- I don't know the answer to that explicitly, but I 2 will say that the counties that are our size and larger 3 have their own equipment. 4 COMMISSIONER MOSER: No, I'm just talking 5 about all of a sudden, with the new reporting the 6 Sheriff just explained, it sounds like that's probably a 7 common problem with all counties. 8 SHERIFF HIERHOLZER: Not all counties were 9 using Odyssey. 10 MR. MOTHERAL: That's true. 11 SHERIFF HIERHOLZER: They had other systems 12 that were easy to convert over that were NIBRS 13 compliant. 14 COMMISSIONER MOSER: Okay. 15 SHERIFF HIERHOLZER: Okay. The only one 16 that's on Odyssey that I know of right now, and they've 17 been working for a year trying to get it NIBRS compliant 18 and they still haven't, they think they're getting 19 close -- 20 COMMISSIONER MOSER: Okay. 21 SHERIFF HIERHOLZER: -- is Comal County. 22 Okay. But it's -- it would take us -- it's -- 23 unfortunately, one of the biggest problems with Odyssey 24 and with the County's system when we went back to it 25 back in the late 80's, okay, is there was never adequate 50 1 training for employee use. All right. You know, the IT 2 part was fine. But it's kind of one of those things, 3 garbage in and garbage out. 4 And if the clerk's office entered a person 5 that having brown eyes by BRN and the Sheriff's office 6 used BRO, now you've got it messed up. Okay. And 7 there's so many of these. I pulled up a name this 8 morning in Odyssey and they're was actually -- he was in 9 there at least 15 times. Separate times. Years ago, 10 what I was told in that is from District Clerk's office, 11 when they get things from attorneys on lawsuits and 12 that, they don't have to give identifiers on the people. 13 They can just give the name. Okay. And that's good 14 enough for the lawsuit. 15 Well, it's not good enough for our Odyssey 16 system because other things can -- can transform in 17 there, so you need to know the name, a date of birth and 18 a driver's license number. Everybody's required three 19 different things. And since they didn't have it, they 20 just entered a new person every time. 21 COMMISSIONER MOSER: Well, that's just 22 Odyssey unique. So -- but we're talking about storage 23 capacity. 24 SHERIFF HIERHOLZER: Well, but that's -- 25 that's part of the conversion, like Comal County has had 51 1 so much. 2 COMMISSIONER MOSER: Okay. Right. 3 SHERIFF HIERHOLZER: If we're just staying 4 with storage, we need the storage, period. Okay. I 5 don't -- there's no doubt in my mind about it. All 6 right. 7 COMMISSIONER MOSER: So bottom line is to 8 the County out of contingency is ballpark 5,000. 12,000 9 out of -- out of -- 10 SHERIFF HIERHOLZER: My equipment and 11 seizure fund. 12 COMMISSIONER MOSER: -- seizure funds. 13 SHERIFF HIERHOLZER: Twelve five. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER BELEW: I move for approval. 16 COMMISSIONER LETZ: Yeah. Second. 17 JUDGE KELLY: Motion's been made by 18 Commissioner Belew, seconded by Commissioner Letz to 19 approve the purchase of the storage server for the 20 Sheriff's Department. Any discussion? 21 COMMISSIONER MOSER: For not to exceed 22 $5,000.00 out of County contingency. 23 JUDGE KELLY: Right. 24 SHERIFF HIERHOLZER: Yeah. 25 COMMISSIONER BELEW: Y'all agree? That's 52 1 good with me. 2 JUDGE KELLY: All in favor raise your hand. 3 Unanimous, five zero. 4 MR. MOTHERAL: Thank you. 5 COMMISSIONER MOSER: Thanks. 6 SHERIFF HIERHOLZER: Thank you. 7 JUDGE KELLY: Item 1.4 consider, discuss and 8 take appropriate action to set bond amounts for the 9 constables. 10 And that's something that we need to do. 11 I'm not sure what the bond amounts currently are. The 12 Auditor's not here. I think by statute they have to be 13 between 550 and 100 dollars each. 14 MS. DOWDY: If I may, Judge, the bonds that 15 I have with me are 1500. 16 JUDGE KELLY: 1500? 17 COMMISSIONER LETZ: I'll make a motion we 18 set the bond in the amount of 1500 for the constables. 19 COMMISSIONER BELEW: Second. 20 JUDGE KELLY: Okay. Motion's been made by 21 Commissioner Letz, seconded by Commissioner Belew to set 22 bond amounts for the constables at $1500. Any 23 discussion? Those in favor raise your hand. Unanimous, 24 five zero. 25 Item 1.5 consider, discuss and take 53 1 appropriate action to determine how to proceed with 2 obtaining professional legal services for the 2021 3 Redistricting. 4 This year we have received a number of 5 solicitations from the three major firms, the 6 Bickerstaff firm, the Perdue Brandon firm, and the 7 Allison Batts firm. Those are the three major players 8 in redistricting. 9 The legislative session starts in a month 10 and we need to get somebody on board to start working 11 with us to be prepared for redistricting. 12 MRS. STEBBINS: I'll talked to Chuck 13 Kimbrough a couple of times related to subdivision 14 things and he said each time he's glad to come down and 15 talk to the Court about that. 16 JUDGE KELLY: And every time I talk to 17 Sergio he tells me the same thing. And I've talked to 18 Jim Ellison, he tells me the same thing. So all three 19 standing ready, they're just trying to get signed up to 20 do their thing. 21 COMMISSIONER HARRIS: Costs about the same 22 no matter who or -- 23 JUDGE KELLY: Yeah. It's a comparable cost. 24 COMMISSIONER LETZ: It's -- I mean, there's 25 reason for the two, it's kind of an open ended -- 54 1 COMMISSIONER BELEW: Yeah. 2 COMMISSIONER LETZ: -- the way they're set 3 up. First, they see if we need to redistrict, which I'm 4 pretty confident we will. And one, we have to partially 5 because we have some errors that we -- we have some 6 neighborhoods and things of that that are split 7 incorrectly I've heard over the years. I don't know if 8 it's in my Precinct, but I think you have some and you 9 have some. 10 COMMISSIONER HARRIS: Yeah. You and I. 11 COMMISSIONER LETZ: Yeah. And that requires 12 redistricting. So I think we're going to go with the 13 quick -- quick overview and get them to do it either 14 way. But it should be a larger amount. And I guess, 15 Heather, this does not require an RFP? 16 MRS. STEBBINS: What? 17 COMMISSIONER LETZ: Because it's 18 professional services? 19 MRS. STEBBINS: Oh. Right. You could have 20 each of those just come down and make a presentation to 21 you, if it's the three who have contacted y'all. 22 JUDGE KELLY: Well, I'm just bringing it to 23 the Court's attention that the process is starting and 24 we have to pick the firm to represent us and we're going 25 to need this. 55 1 COMMISSIONER BELEW: We have to do this. 2 JUDGE KELLY: At some point. 3 COMMISSIONER BELEW: We have to do this at 4 some point. So we have to know the cost of each, even 5 if they're comparable. 6 COMMISSIONER LETZ: Right. And I think that 7 we can do -- we could probably -- we have used 8 Bickerstaff Heath the last two times. That doesn't mean 9 we have to use them again. But the Auditor should be 10 able to come in with the total cost it was last time, 11 which should give us a pretty good idea and apply it by 12 the fact of what it was. But that should give us at 13 least a low estimate. 14 COMMISSIONER BELEW: And you just said we 15 had the same people do it three times? 16 COMMISSIONER LETZ: Twice. 17 COMMISSIONER BELEW: Twice. 18 COMMISSIONER LETZ: 2000 and -- 19 COMMISSIONER BELEW: And there was problems 20 with the last one? 21 COMMISSIONER LETZ: The process -- if 22 there's problems, it's -- it was not caught by the 23 Court. It's -- there's a lot of -- to avoid the 24 problems, it's up to the Commissioners, because they 25 don't know -- I mean, they're looking at numbers and 56 1 population. 2 COMMISSIONER BELEW: Right. We know the 3 neighborhood. 4 COMMISSIONER LETZ: Yeah, we know the 5 neighborhoods. And it's not -- I mean, the basic rules 6 are one, we have to live in our precincts. That's -- so 7 you have to figure out that. My precinct gets drawn 8 first because I have the minority precinct under Federal 9 election rules. 10 And then after that, they try to balance it 11 out. And then there's some big discussion that we've 12 had in the past. In the past two times, the decision 13 was made to come out from Kerrville kind of as a star so 14 that we all had a piece of Kerrville. 15 Other areas, you know, try to -- maybe it 16 would carve Kerrville into two spots and the rest of the 17 County into two spots. I mean, there's different ways 18 to look at it, but we have always chosen to kind of have 19 all of this have a part of the City of Kerrville. 20 COMMISSIONER HARRIS: Having not been 21 through it myself, and -- well, I know Harley hasn't 22 either, or Tom. If they're willing to come in and give 23 a presentation, I'd like to hear it. 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER MOSER: Yeah. Me too. 57 1 COMMISSIONER LETZ: The other -- and I'm all 2 for that. 3 JUDGE KELLY: You want all three of them to 4 come? 5 COMMISSIONER MOSER: Yeah. 6 COMMISSIONER BELEW: Why not? 7 JUDGE KELLY: Well, we will extend 8 invitations to them. 9 COMMISSIONER LETZ: The other big thing is 10 that makes it difficult, you have to use a physical 11 boundary for the boundaries. I mean, it has to be 12 identifiable. So you have to use a road -- basically a 13 road, a river or a stream, or you can use something like 14 a power line. Those are the things that you can use. 15 And it's between -- between two and three is a power 16 line. 17 COMMISSIONER MOSER: Between two and three 18 is a power line. Right. 19 COMMISSIONER LETZ: But it's -- there's 20 always areas that are really difficult because there's 21 no -- if you use a road, you're splitting half of the 22 people on one side is one and half of the people on the 23 other -- 24 COMMISSIONER HARRIS: Exactly. 25 COMMISSIONER LETZ: So anyway -- so I would 58 1 set up as early in January as possible, Judge. 2 COMMISSIONER MOSER: Yeah. 3 JUDGE KELLY: I'll extend an invitation to 4 all three. 5 COMMISSIONER BELEW: The idea that each 6 Precinct has a part of Kerrville proper is smart, I 7 think. It was the way to go and the way we should stay. 8 Everybody -- 9 JUDGE KELLY: It's extremely cumbersome. 10 COMMISSIONER BELEW: It's cumbersome. But 11 it's smart to do it that way. 12 COMMISSIONER MOSER: No. I want part of 13 Ingram, too. 14 COMMISSIONER BELEW: Well, we'll have to 15 annex it out. 16 COMMISSIONER MOSER: Forget that. Please. 17 You can't discriminate between cities. 18 COMMISSIONER BELEW: Well, that's the hub -- 19 the financial hub of this County is Kerrville. And the 20 needs inside the City are different. And as the guy who 21 has the most of it in this Precinct, I can tell you it's 22 a much different animal dealing with folks in the City 23 as in the County, and they have different needs and all 24 of us should be in touch with that. 25 Do what? 59 1 COMMISSIONER LETZ: You don't have most of 2 Kerrville. I probably have the most. 3 COMMISSIONER BELEW: Look at the map. Look 4 where it runs. 5 COMMISSIONER HARRIS: His is mostly 6 Kerrville. 7 COMMISSIONER BELEW: Mostly Kerrville, yeah. 8 You just have a strip through the middle. 9 COMMISSIONER HARRIS: Yeah. 10 COMMISSIONER BELEW: You ever look at that 11 map in the hall? 12 (Laughter.) 13 COMMISSIONER LETZ: I know that we're -- 14 we're sitting in my precinct right now. 15 COMMISSIONER HARRIS: Yeah. This courthouse 16 is divided. Yeah. 17 JUDGE KELLY: I've looked at that map and 18 about two-thirds of this County is in his Precinct. 19 COMMISSIONER BELEW: Yeah. And most of the 20 goats, too. 21 COMMISSIONER HARRIS: A bunch of them. 22 COMMISSIONER MOSER: But equal amount of 23 citizens. 24 COMMISSIONER HARRIS: Right. 25 JUDGE KELLY: Okay. We'll extend the 60 1 invitation and try to get it on the agenda in early 2 January. 3 Item 1.6 consider, discuss and take 4 appropriate action to address possibility of prohibiting 5 the sale or use of restricted fireworks, i.e., 6 "skyrockets with sticks" and "missiles with fins", in 7 any portion of the unincorporated area of Kerr County 8 pursuant to Local Government Code. 9 I put it on the agenda, but it's your baby. 10 COMMISSIONER HARRIS: So it's my baby? 11 Well, Commissioner Letz and I were looking at the latest 12 report this morning. And after looking at it, we -- 13 we're going to have to ban missiles with fins -- 14 COMMISSIONER MOSER: You don't have to look 15 at the report until you look at your pasture. 16 COMMISSIONER HARRIS: Yeah. Exactly. But 17 we did that before and got called on it because it 18 wasn't in -- on the guidelines. But it is now. And so 19 I move that we -- this upcoming fireworks season, 20 Christmas and New Year's, that we ban missiles with fins 21 and rockets with sticks or visa versa, whichever. 22 COMMISSIONER MOSER: I second. 23 MRS. STEBBINS: Both. It's both. 24 COMMISSIONER HARRIS: Both. Okay. 25 JUDGE KELLY: There's a motion been made by 61 1 Commissioner Harris, seconded by Commissioner Moser to 2 prohibit the use of certain fireworks that include sky 3 rockets with sticks and missiles with fins. Is there 4 any discussion? Those in favor raise your hand. 5 Unanimous, five zero. We don't have any choice on that 6 this year. 7 COMMISSIONER HARRIS: Right. No. 8 JUDGE KELLY: Item 1.7 information regarding 9 transition process for the new Justice of the Peace, 10 Precinct 3 Clerk, a new hire to begin on December the 11 28th of this year. 12 And Judge Mitchell and I talked about this. 13 She came to me wanting to know if she needed 14 Commissioners' Court approval to -- for the new person 15 that she's bringing in to be her replacement clerk, for 16 her clerk to stay over for the four days that last week 17 at the end of the year and be retrained -- and train 18 that new person. And I told her I didn't think she 19 needed it but, you know, we'll put it on the agenda for 20 everybody to know. It doesn't affect her budget. 21 So do you think we need to take action? 22 We're ready to do that? 23 COMMISSIONER LETZ: I move for approval. 24 COMMISSIONER HARRIS: Second. 25 JUDGE KELLY: Motion's been made by 62 1 Commissioner Letz, seconded by Commissioner Harris to 2 approve the transition for the clerk in Precinct 3. Any 3 discussion? 4 COMMISSIONER LETZ: Is she using -- where is 5 the -- are the funds coming from? It's because of the 6 difference in salary between the old and the new? 7 JUDGE KELLY: Yes. Cheryl is going to be -- 8 making substantially more than the new person. 9 COMMISSIONER LETZ: Okay. So it will still 10 come out of the same salary line item. 11 JUDGE KELLY: Yeah. 12 COMMISSIONER HARRIS: I think that's just 13 smart to make it smooth. 14 JUDGE KELLY: Okay. Those in favor raise 15 your hand. Five zero, unanimous. 16 Item 1.8 consider, discuss and take 17 appropriate action to accept the real estate contract 18 for the property located at 199 Spur 100, here in 19 Kerrville, and authorize the County Treasurer to 20 disburse the earnest money. 21 I see who's in the back of the room, a 22 member of our capital improvement planning committee. 23 After we talked -- discussed this at the last meeting, 24 we presented another counter offer to the sellers for 25 the same amount as the appraisal, as instructed by this 63 1 Court, and they accepted it. 2 So -- and the CIP met with Charlie Hastings 3 and Bobby Gore and Kelly Hoffer, and walked the site 4 this past week, and even though the property is 5 technically going to be in the floodplain, it's all 6 developable for what we're going to use it for. 7 COMMISSIONER MOSER: This is the 16 acres, 8 not the five acres? 9 JUDGE KELLY: 15.93 acres. 10 COMMISSIONER MOSER: Right. 11 JUDGE KELLY: And if you do the math, the 12 price per acre that we got is a fraction of what we were 13 asked to pay for the five acres on the road. So we feel 14 like we came out with a very good purchase. 15 COMMISSIONER MOSER: And what's the per acre 16 price? It's 27 -- it was 27 the other day when we 17 talked, I think. But maybe I'm talking about something 18 in Executive Session I shouldn't be talking about. 19 JUDGE KELLY: It's -- it's about 21 and a 20 half thousand dollars per acre compared -- 21 COMMISSIONER MOSER: Okay. 22 JUDGE KELLY: -- to the 54 an acre that we 23 were looking at. 24 COMMISSIONER MOSER: Right. Okay. 25 COMMISSIONER LETZ: I think the key point 64 1 that I want to make and this is really for the public as 2 much as for the Court, is that we are fully aware that 3 most of this property is in the floodplain. And -- but 4 we have -- for the needs that we have for it, which is 5 Road & Bridge storage, Animal Services new facility, it 6 is -- it meets the needs that we have, which is also one 7 of the reasons that we got it for the price we did. 8 Just because it is in the floodplain and other people 9 that have looked at it have not been able to figure out 10 how to use the property. 11 JUDGE KELLY: For the last decade. 12 COMMISSIONER LETZ: Yeah, for a decade it's 13 been on the market. So I just want to make sure that, 14 you know, when the public looks at the maps or hears 15 something that we brought property in the floodplain, 16 we're totally aware of it and it's -- it means we were 17 able to get it at a good price and it meets the needs 18 and location exactly where we need it. 19 COMMISSIONER MOSER: And so the -- Judge, 20 the price is? 21 COMMISSIONER LETZ: 350,000. 22 COMMISSIONER MOSER: 350,000. And the 23 funding for that, I think it's good for the public to 24 know where -- 25 JUDGE KELLY: It will be tax anticipation 65 1 notes that we've already approved -- 2 COMMISSIONER MOSER: Right. Okay. 3 JUDGE KELLY: -- and that we're working with 4 our financial advisors on as we spoke. 5 COMMISSIONER MOSER: I move for approval to 6 purchase the property -- almost 16 acres at 199 Spur 100 7 in Precinct 2. 8 COMMISSIONER HARRIS: Second. 9 JUDGE KELLY: Motion's been made by 10 Commissioner Moser, seconded by Commissioner Harris to 11 approve the sale -- 12 MRS. SHELTON: And disburse the money. Have 13 the Treasurer disburse the funds. 14 COMMISSIONER BELEW: And disbursement. 15 JUDGE KELLY: And -- and disburse -- 16 COMMISSIONER MOSER: And disburse the funds 17 for the purchase thereof. 18 JUDGE KELLY: Motion's been made by 19 Commissioner Moser, seconded by Commissioner Harris. 20 Discussion? 21 COMMISSIONER LETZ: Did you want to say 22 anything? 23 MRS. HUGHES: Umm -- 24 COMMISSIONER LETZ: You don't have to. 25 COMMISSIONER BELEW: Did you have to ask? 66 1 (Laughter.) 2 MRS. HUGHES: Well, since you've asked. No, 3 this is -- this has been an ideal property that we've 4 been looking at for a long time, and to see it finally 5 come to fruition is -- is a step in the right direction 6 for the County and I would humbly request that you 7 approve it. 8 COMMISSIONER MOSER: You just humbly agree 9 with us. 10 MRS. HUGHES: I humbly agree with you. 11 JUDGE KELLY: Well, on behalf of the CIP, 12 and following up on what Brenda was saying, when we 13 first got wind that this property was available and went 14 and looked at it the first time, it was first on our 15 list. And it has been first on our list for the last, 16 what, year and a half we've been working on it? 17 MRS. HUGHES: Year and a half. Yes, sir. 18 JUDGE KELLY: And it has alluded us. And 19 we're very grateful that we're cooperating with the 20 seller and being able to make this happen for the 21 County. This is -- this is a win-win. And so -- 22 MRS. HUGHES: It truly is. 23 JUDGE KELLY: And -- and for the people that 24 don't know where it is -- and by the way, Road & Bridge 25 -- our Road & Bridge offices technically are in the 67 1 floodplain now. They weren't when they were built, but 2 they are now after they changed the map. And when we 3 talk about being able to use this in the floodplain, 4 there's a lot of materials and aggregate storage that 5 they have out at Road & Bridge that we can use in those 6 low areas. And as far as the buildability, as long as 7 we build the structures, the improvements up out of the 8 floodplain, we can -- we can develop that. So it's been 9 a real -- 10 MRS. HUGHES: Yeah, it's an ideal piece of 11 property for Road & Bridge with their storage needs. 12 And you know, right now they've got all their equipment 13 scattered all over the county. They can centrally 14 locate a lot of that. And -- and then there's a place 15 for an animal shelter. 16 COMMISSIONER MOSER: So with -- with that, 17 then, the next step would be to have some layout of how 18 the 16 acres would be used in the future. 19 COMMISSIONER LETZ: Peter Lewis is working 20 on that. 21 COMMISSIONER MOSER: Right. Okay. Good. 22 JUDGE KELLY: And when we walked the 23 property, all -- the entire committee walked the 24 property, we got kind of burred up, you know what I 25 mean, walking in those weeds out there. But we walked 68 1 pretty much the entire property and we have a general 2 feel for where things will go and how we're going to 3 try to -- the big issue for us was ingress and egress. 4 We're probably going to change how we get into Road & 5 Bridge. Move it back a little bit to the east. And 6 they want to be able to have an exit that comes out on 7 Spur 100 so they're heavy equipment doesn't have to 8 fight traffic in the morning to get out on 27. 9 COMMISSIONER MOSER: Good. 10 JUDGE KELLY: So there's a preliminary plan 11 in place and Peter Lewis should have something to us 12 shortly. 13 COMMISSIONER MOSER: Good deal. 14 COMMISSIONER HARRIS: One thing that 15 Commissioner Letz pointed out. He said animal shelter 16 and Road & Bridge use the -- my understanding 17 maintenance as well. 18 JUDGE KELLY: In the future it's a 19 possibility. 20 COMMISSIONER HARRIS: Be a possibility in 21 the future and so if you just tie the pieces of property 22 together, we -- the County owns a bigger piece of 23 property in one location that's going to help everybody. 24 JUDGE KELLY: And the cemetery is on one 25 side and the VA hospital on the other side. And we have 69 1 that server that goes between that and can put it to 2 good use. 3 COMMISSIONER MOSER: Very good. 4 JUDGE KELLY: So those in favor raise your 5 hand. Unanimous, five zero. 6 (Mrs. Hughes raises hand.) 7 COMMISSIONER BELEW: You only get to vote 8 across the street. 9 MRS. HUGHES: Thank you all very much. 10 JUDGE KELLY: Thank you. Let's take a 11 break. We'll be in recess for five minutes. Back at 12 10:15. 13 (Recess.) 14 JUDGE KELLY: Court will come back to order. 15 The next item on the Agenda is 1.9 consider, discuss and 16 take appropriate action to authorize TxDOT to construct 17 mailbox turnouts on County easement property on Fallow 18 Run, Cherry Springs Road, Scenic Drive, and Weatherby 19 Road. Mr. Heap. 20 You can take your mask off to talk to us. 21 MR. HEAP: Okay. Thank you. That way I can 22 see. I brought some mailbox installation handouts that 23 we typically give the general public just for y'all's 24 reference. There's one extra for the clerk. 25 So thank y'all for having me. I'm Marshall 70 1 Heap, the area Engineer of Kerr County, Bandera County, 2 Kendall County, and Uvalde County, and interim engineer 3 for six other counties out west. 4 I'm here today just to kind of get a 5 conversation started between the County and the State 6 regarding mailbox placements off of our right-of-way and 7 onto potentially County maintained property. 8 What's generated this is, you know, 30 years 9 ago you had a subdivision, three people lived in it, and 10 so they'd bring us a metal box and we'd say, sure, we'll 11 put it up. And over time, more and more people buy into 12 this property and so its created these locations where 13 we have 30, 40 mailboxes. 14 Typically two by our policy are allowed to 15 be there. But, you know, we've just kind of looked the 16 other way over the last, like I say, 30 years. We just 17 -- you know, it's convenient, we want to be nice to 18 people. Well, now it's become kind of a maintenance 19 issue because these pads are getting so large. Not only 20 for our guys to do any work there, but for the carriers 21 as well. You know, where we're trying to look out for 22 them. 23 So what we're proposing is to move these 24 locations on -- off of our right-of-way, you know, 25 adjacent to it but on County maintained property. We 71 1 would go in and build a pad, we would move the 2 multi-mount boxes over to that location. Probably build 3 this pad, you know, to accommodate maybe two or three 4 more. We're outside area talking about some areas 5 probably needed more, some less. Depends on how the 6 development is going. 7 The other thing that I would like to ask for 8 y'all's assistance in is when we're looking at plats, I 9 try to be real wary of what that development looks like. 10 And if it looks like it's going to be, you know, a 11 multi-residential area, you know, I'm having the 12 developer and the surveyor and engineer or whatever put 13 in our TxDOT notes that, you know, we will not allow 14 postal service on the right-of-way. So we want them to 15 put in those multi-box clusters, you know, where it's 16 convenient for them, it's convenient for us. Anybody 17 have any questions? 18 COMMISSIONER MOSER: So, this is -- 19 Marshall, this is for multi-box clusters? Is that what 20 that's for, period? 21 MR. HEAP: Yeah. And an example would 22 be in the last two or three weeks at Fallow Run, 23 we're -- people are obviously buying property out there. 24 And they want to get mail. So they come call us and 25 say, hey, I'd like to put a mailbox out here. So we ask 72 1 them, were do you live? You know, where's your 2 residence? Well, it's five miles down the road. Well, 3 according to our policy, you're not allowed to have a 4 mailbox on a right-of-way. And so they say, what do I 5 do? We say, well, you go to the post office. 6 MR. HEAP: So they go to the post office and 7 there's no more post office boxes available. 8 COMMISSIONER MOSER: Uh-huh. 9 MR. HEAP: So, you know, they're kind of 10 stuck between a rock and a hard place and, you know, we 11 come being a good guy, trying to be, saying well, we'll 12 just go ahead and put one up. Well, if we do that over 13 and over and over again, we end up with these, you know, 14 massive turnouts -- 15 COMMISSIONER MOSER: Right. Right. 16 MR. HEAP: -- where the postal carrier has 17 to pull off and he's there for 30 minutes just trying to 18 fill all those boxes. And they're kind of in favor of 19 it. We've got to be real careful with that. I'll kind 20 of put that in the middle of the notice. I don't know 21 if y'all got a copy of that. You know, if we do move 22 forward with this. We want to go according to a 23 carrier's route. We don't want to just, you know, 24 bounce around all over the County, do one here, do one 25 there. Because that messes with the carrier's 73 1 contracts. 2 So if -- if we -- if we move forward with 3 this, we kind of want to pick a route so that it will 4 coincide with a renegotiation of that contract with the 5 U.S. Postal Service so that the carrier is fully aware 6 that, you know, this is what's coming, here's going to 7 be the new route. 8 COMMISSIONER MOSER: So this request is for 9 three specific locations? 10 MR. HEAP: I believe there might have been 11 four in there. 12 COMMISSIONER MOSER: Four? Okay. 13 MR. HEAP: And we just wanted to start 14 there, you know, and visited with Charlie, you know, 15 we're not just going to drive out there, you know, 16 tomorrow if you guys think it's a great idea and just go 17 do it. You know, we feel like we need to let the postal 18 service, you know, be aware of what we're doing. They 19 know what we're doing, we just need to let them know 20 when. And then the same thing with the stakeholders. 21 You know, we feel like we need to, you know, get with 22 them to let them know what we're doing and why we're 23 doing it, as opposed to them just driving down one day 24 and their mailbox isn't there, it's -- it's over here. 25 COMMISSIONER BELEW: Right. 74 1 COMMISSIONER MOSER: So is there an issue 2 with the County and using the right-of-ways for this? 3 MR. HASTINGS: Yes, sir, there is. And I 4 think they're issues that we can work through, they just 5 need to be thought out really well. Some -- some of 6 these roads have 50 foot of right-of-way, some of them 7 have 60. And then, as you well know, we do have other 8 roads in the County that maybe there's only 30 feet of 9 right-of-way, and something that narrow, this wouldn't 10 work very well at all. And hopefully those -- it's 11 something that narrow already has mailboxes at every 12 property. Not all on one gain. But picture yourself, 13 you're -- you're -- you want to go check the mail, and 14 you go down to the mailbox, you check it, you turn 15 around and go right back home. Other people, maybe they 16 check it on their way to work or on there way in. But 17 maybe it's the weekend. So you really have to 18 accommodate all of those scenarios, and the one that -- 19 that really is going to trump all the others is the 20 person who is driving down to check their mail and they 21 turn around and go back home. How do you turn around? 22 COMMISSIONER MOSER: Let me interrupt with 23 one general comment. 24 MR. HASTINGS: Yes, sir. 25 COMMISSIONER MOSER: What I'm asking is 75 1 specifically for these four. Okay. That's what the 2 agenda item is, for -- for locate -- for using the 3 County road on these four particular locations? 4 MR. HASTINGS: Yes, sir. 5 COMMISSIONER MOSER: Do we know what that 6 is? 7 MR. HASTINGS: Yes. We -- we asked TxDOT, 8 can you give us a standard as to what this would look 9 like? They did. It would be a pad around the mailbox 10 but it didn't -- it wouldn't accommodate the person that 11 would need to turn around at the mailboxes. We -- we 12 drove to them, we tried turning around in the street, 13 and you had to get way off into the -- the ditch on the 14 other side of the road in order to make it, and then a 15 larger truck like mine, an F-150, doesn't have the 16 greatest turning radius and -- and if there were 17 mailboxes there, it would hit them. So we think that 18 there's things that can be done. We think there's a 19 little turnout that could be constructed. We also 20 believe that there really needs to be a process to this. 21 One would be if there's a homeowners' association 22 associated with that subdivision, that there be a 23 meeting with the -- you would definitely want the 24 Commissioner there, you'd want Road & Bridge, you'd want 25 County Engineer, TxDOT, the reps from the HOA, maybe 76 1 their president or someone like that, as long -- as well 2 as somebody from the mail carrier. 3 COMMISSIONER MOSER: Well, what I'm -- what 4 I'm pushing for is, can we take any action today? 5 MR. HASTINGS: I think the action would be 6 to work with the Engineering Department and Road & 7 Bridge Department. 8 COMMISSIONER MOSER: Well, we don't need 9 action to do that. 10 MR. HASTINGS: Yeah, I wouldn't take action 11 just yet. We think that we need to develop a process. 12 COMMISSIONER MOSER: So -- 13 MR. HASTINGS: The main part of the process 14 would be a public hearing. 15 COMMISSIONER MOSER: -- so conceptually what 16 Marshall is saying, they'd like to be in the County 17 right-of-way but the details will depend on working with 18 the County to determine exactly what's needed, and then 19 grant that on a case by case basis. 20 MR. HASTINGS: Yes, sir. 21 COMMISSIONER MOSER: Okay. So no action is 22 needed today. 23 COMMISSIONER BELEW: So the issue is that 24 there's an obstruction in the easement -- I mean, in the 25 right-of-way. Is that the issue? 77 1 COMMISSIONER MOSER: No. 2 COMMISSIONER BELEW: That was never really 3 stated. 4 MR. HASTINGS: No, I -- 5 COMMISSIONER BELEW: So is the mailbox in 6 the right-of-way? 7 MR. HASTINGS: No. The -- 8 COMMISSIONER BELEW: Maintenance of the -- 9 that was never stated. What is the issue? 10 MR. HEAP: My -- my bigger issue is not 11 really in Kerr County. It's kind of all my whole area. 12 The worst scenario is that, you know, where Pipe Creek 13 is. Similar to State Highway 39. You know, we've got 14 five feet from our edge of pavement to the fence. And 15 so you have these mailbox carriers and patrons trying to 16 access their mailbox while half of their car is on the 17 road. 18 COMMISSIONER BELEW: Safety. 19 MR. HEAP: It's a safety issue. 20 COMMISSIONER BELEW: Okay. That's what I 21 wanted to hear. I never heard any of that at the 22 beginning. So we have a safety issue. 23 MR. HEAP: Yes. 24 COMMISSIONER BELEW: And we need to move the 25 mailboxes to a place that's safer -- 78 1 MR. HEAP: Right. 2 COMMISSIONER BELEW: -- and it's going to be 3 one of these group mailboxes where everybody has a key? 4 One of those kinds of mailboxes? 5 MR. HEAP: Well, that's -- that's where I -- 6 that would be ideal, you know. And on future 7 developments, that's what I'm pushing for. Anytime a 8 plat comes through my office and I see it's going to be 9 a multi-residential subdivision, you know, I'm having 10 the -- the designer put that in the notes. You know, 11 that one of those multi-boxes is going to be required. 12 You know, we're not going to do -- 13 COMMISSIONER MOSER: So there's -- so 14 Marshall, there's -- this is a case by case thing. 15 Where you want to do this at a particular location, 16 whether it's safety, clearance, advantage for the post 17 office, for the homeowners. So it's going to be a case 18 by case, and the County then would decide, say yea 19 verily, you know, we can do that. But it's going to be 20 based on the definition of what is being requested -- 21 MR. HEAP: Safety. 22 COMMISSIONER MOSER: -- on each one? Well, 23 safety is one thing. But -- 24 COMMISSIONER BELEW: Well, that's what it 25 sounds like to me we're talking about. 79 1 MR. HEAP: It -- it really is. Because, you 2 know, to take Charlie's comments a little further, so 3 leave the mailboxes where they are now and take the same 4 scenario of trying to go home. You know, we feel like 5 it would be safer for Charlie to make that U-turn on a 6 county road as it would be on one of our highways. So 7 the -- the people that are getting their mail are having 8 to do the same thing that he's talking about, they're 9 just having to do it out on the highway. 10 COMMISSIONER MOSER: But there's -- but 11 there's no specific request today for a location of what 12 to do. 13 MR. HEAP: No, I -- I'm with Charlie. I 14 don't know that any action needs to be taken. 15 COMMISSIONER MOSER: Okay. 16 MR. HEAP: We just need to get the 17 conversation started with everybody and -- 18 COMMISSIONER MOSER: Yeah. Okay. 19 MR. HEAP: -- I wanted you guys to be aware 20 of what we're thinking. 21 COMMISSIONER MOSER: Because I -- I think 22 it's -- I think it's a really good thing to bring this 23 up because, not to be made publicly, but there's 24 subdivision in -- I'm just saying in Precinct 2 that, 25 you know, is probably going to be large enough they're 80 1 going to have to have cluster mailboxes. And so it's 2 good -- and I haven't seen anything in the concept that 3 says this is where we can put that. So I think it's -- 4 that's a really good point you bring up -- 5 MR. HEAP: Right. 6 COMMISSIONER MOSER: -- today is, you know, 7 identify where that can be and so it's safe, and it's 8 not interfering with TxDOT operations and with the 9 county road. So -- 10 COMMISSIONER LETZ: We need to have the post 11 office in on these conversations -- 12 COMMISSIONER MOSER: Right. 13 COMMISSIONER LETZ: -- because the post 14 office does require clusters in certain situations. 15 COMMISSIONER MOSER: Right. 16 COMMISSIONER LETZ: And they kind of trump 17 -- I mean that's almost Step A is like if they're going 18 to require a -- well, they're going to require it, 19 period. And then it's a matter as to where it goes. 20 COMMISSIONER MOSER: Right. Right. 21 COMMISSIONER LETZ: And they're not very 22 negotiable. 23 MR. HEAP: They're like everybody else. 24 They -- they tell me, you know, they can't afford for me 25 to say, you know, I -- I want you to take these 40 boxes 81 1 and put them -- put them in that subdivision. And the 2 post office will say, well, we can't afford it. You 3 know, put the cluster boxes everywhere. 4 COMMISSIONER MOSER: Right. 5 MR. HEAP: So I'm putting -- I'm trying to 6 put the onus on the developer. You know, he's the guy 7 making the money. So he can afford to pay for, you 8 know, one of these cluster boxes initially. 9 COMMISSIONER MOSER: Right. 10 MR. HEAP: And -- and just -- 11 COMMISSIONER MOSER: Good point. Very 12 timely. 13 COMMISSIONER BELEW: So in this case, you 14 have four neighborhoods mentioned that need to have -- 15 we need to have a public meeting and the post office 16 needs to be a part of it, TxDOT, and the County. 17 MR. HEAP: Right. 18 COMMISSIONER BELEW: And the citizens. 19 MR. HASTINGS: South of -- the best example 20 is Fallow Run. We've been getting multiple calls, like 21 I say, you know, and there's some individuals out there 22 that can't get their mail right now because there's no 23 -- nowhere to get it. You know, we're saying you're not 24 going to -- we're not going to put a mailbox up for you, 25 and the post office is saying we don't have any boxes. 82 1 So they're kind of stuck in no man's land. 2 COMMISSIONER BELEW: Right. 3 MR. HASTINGS: And that's kind of where -- 4 why we've kind of picked these. These were kind of the 5 bigger safety issues, you know, remote areas. And we've 6 already discussed it with the carriers. The carriers on 7 those two routes are in favor of this. They like the 8 idea of getting off the road and be able to get out and 9 put the mail where it needs to go. 10 JUDGE KELLY: Well, let's clarify. On these 11 four locations, and I'm looking at the attachments here, 12 the photographs. On each of those, the mailboxes would 13 be moved back farther on the County right-of-way. Is 14 that right? 15 MR. HEAP: Yeah, I would work with Charlie 16 or you guys. You tell me -- 17 MR. HASTINGS: Yeah. 18 MR. HEAP: -- where -- where you'd want 19 them. I just -- I -- I marked those up just to 20 generically show, you know, hey, we would move them from 21 here to there. 22 JUDGE KELLY: But -- but the real thrust of 23 the -- of your information here is in the future. If 24 this is something that you want to place the burden on 25 the developer and the developer's tracts -- 83 1 MR. HEAP: Yes. 2 JUDGE KELLY: -- and that becomes part of 3 the process. 4 MR. HEAP: Yes. 5 JUDGE KELLY: And as far as the people that 6 already have the mailboxes, well, like, for example, I 7 live on 39. You know where that is? 8 MR. HEAP: Right. 9 JUDGE KELLY: There's no way to get off 39 10 and get to your mailbox. 11 MR. HEAP: Right. 12 JUDGE KELLY: I walk to the mailbox. 13 MR. HEAP: Right. 14 JUDGE KELLY: But this is something -- it's 15 not going to be taking away anybody's individual 16 property rights, it's going to be done on either state 17 or County right-of-ways? 18 MR. HEAP: Yes. 19 MR. HASTINGS: Yes, sir. 20 JUDGE KELLY: Okay. So I don't want anybody 21 to panic out there. 22 MR. HEAP: Right. 23 COMMISSIONER BELEW: Was there something 24 that -- that kicked this off? Did somebody get hurt or 25 you just -- is this something you've been wanting to get 84 1 done? 2 MR. HEAP: Well, the -- the TxDOT policy is 3 -- let's say we have an unauthorized mailbox. So we're 4 not allowed just to go out there and remove it. So 5 typically what happens, somebody will move in, they 6 don't know the rule, they just say, I need mail. So 7 they'll go to Home Depot and buy a five-gallon bucket 8 and a bag of Sakrete and a four-by-four, and they will 9 fill that bucket, set that post, put their mailbox on 10 it, and carry that out there and set it in our 11 right-of-way. 12 Well, over there at Pipe Creek it's -- it's 13 literally five feet from the edge of pavement to the 14 fence. So our policy is when there are non-authorized 15 mailboxes there, we move it to the right-of-way and we 16 put a note in there saying, you know, you need to 17 contact our office and let's do this right. Well, when 18 you move that mailbox three feet away from where it was, 19 the carrier just reaches a little further over there and 20 puts the mail in there. So it just stays there. The 21 landowner never contacts us. And that's a hazard. You 22 know, that -- that mailbox -- somebody would hit that, 23 it -- it could be bad news. And so we don't want that 24 mailbox in that five gallon bucket full of concrete in 25 our right-of-way. And that's kind of what got all this 85 1 started. You know, the supervisor down there in Bandera 2 was showing me just, you know, runs of them. And he 3 said I can't do anything about this. 4 And so I just started the process. Reached 5 out to the postal service in San Antonio, and then just 6 all over my area saying, you know, what can we do? 7 Plus, you know, the -- the development is coming this 8 way. You know, I -- I deal with a lot of it in Kendall 9 County. So the platting process over there, I'm doing 10 the same thing. As soon as one comes across my desk 11 that has, you know, I can tell it's fixing to be big, 12 500 homes, well, I don't want 500 mailboxes out in our 13 right-of-way. So I'm having to put that note in there 14 that, you know, mail service will be provided at a 15 cluster inside the subdivision, not on our right-of-way. 16 JUDGE KELLY: Very good. Anything else? 17 MR. HEAP: No. Not unless y'all have any 18 questions for me. 19 JUDGE KELLY: No. Thank you for coming. 20 MR. HEAP: Well, thank you. 21 COMMISSIONER MOSER: Thanks for all you do 22 for us, Marshall. 23 MR. HEAP: You bet. 24 JUDGE KELLY: Item 1.10 consider, discuss 25 and take appropriate action for the Court to set a 86 1 public hearing for 10 a.m. on January 25, 2021, for a 2 Revision of Plat for Kerr Vista Ranch Section 4, Lots 3 15, 16, 17, Block B. That's in Precinct 4. Charlie 4 Hastings. 5 MR. HASTINGS: This proposal revises Lots 6 15, 16 and 17 into Lot 15R and Lot 16R. One of them 7 will be a little over 10 acres and the other one over 19 8 acres. Access is from Louise Lane. 9 The County Engineer requests the Court set a 10 public hearing for 10 a.m. on January 25th, 2021 for a 11 Revision of Plat for Kerr Vista Ranch Section 4, Lots 12 15, 16, 17, Block B, Volume 5, page 237. Precinct 4. 13 COMMISSIONER MOSER: So this is just set a 14 public hearing? 15 MR. HASTINGS: Yes, sir. 16 COMMISSIONER HARRIS: I move for approval. 17 COMMISSIONER BELEW: Second. 18 JUDGE KELLY: Motion's been made by 19 Commissioner Harris, seconded by Commissioner Belew to 20 set a public hearing for January 25 at 10 a.m. next 21 year, 2021 for Revision of Plat for Kerr Vista Ranch 22 Section 4, Lots 15, 16, and 17. Any other discussion? 23 Those in favor raise your hand. Unanimous, five zero. 24 Item 1.11 consider, discuss and take 25 appropriate action for the Court to set a public hearing 87 1 for 10 a.m. on January 25, 2021 for a Revision of Plat 2 for River Bend Estates, Lots 8 and 9. Charlie Hastings. 3 MR. HASTINGS: Thank you. This proposal 4 combines River Bend Estates, Lots 8 and 9 into Lot 8R, 5 which is 6.9 acres. Access is from Wharton Road. It is 6 completely within the floodway and must meet 7 requirements for development within the floodplain. It 8 is within Kerrville's ETJ, and would typically be 9 platted through both the City and the County. Since the 10 proposed lot is more than five acres, the owner's 11 representative is going to request the City of Kerrville 12 waive their platting oversight to the County. We 13 haven't heard back if that has happened yet. 14 The existing right-of-way is labeled as 15 30 feet. Commissioner Moser, I had called you on that. 16 COMMISSIONER MOSER: Uh-huh. 17 MR. HASTINGS: That is a typo. We've -- we 18 looked at the plat. We measured six measurements using 19 the GIS. And it's really 50 feet and the former plat 20 lists it as 50 feet also. So we'll get that typo fixed. 21 Now, our standard width is 60 foot right-of-way, so now 22 is the time to inquire any additional right-of-way if 23 the Court so desires or if the Court determines that 50 24 feet is wide enough for Wharton Road. I do have some 25 maps if you'd like to look and see what this looks like. 88 1 And the potential, I think, for the area to develop over 2 time -- 3 COMMISSIONER BELEW: What's the speed limit 4 on that road? 5 MR. HASTINGS: This speed limit is -- it 6 changes. I think we've got an area that is 40. 40 or 7 45. We did a speed study earlier this year on that and 8 changed the speed limit. I think that was about a year 9 ago actually. But it's around 40. And I think another 10 section is 45 when you get on Center Point River Road. 11 COMMISSIONER MOSER: Just for clarification, 12 today we're just talking about setting a public hearing? 13 MR. HASTINGS: Setting a public hearing. 14 COMMISSIONER MOSER: Okay. 15 MR. HASTINGS: But also need some -- just 16 some direction on whether or not to ask the -- while 17 they're platting this for additional right-of-way. I'm 18 going to go ahead and recommend that we not. Since 19 we've got 50 feet, I feel like that's plenty for -- if 20 we need to widen the road we should have -- if it was 21 30, I would be begging you to do something. But it's 22 50 -- 23 COMMISSIONER MOSER: Yeah. 24 MR. HASTINGS: -- I think we're close enough 25 to 60. 89 1 COMMISSIONER MOSER: Charlie -- Charlie and 2 I talked about this and we've talked about it in terms 3 of 30. And if we replatted -- it's kind of like the 4 City is doing their sidewalks, okay. Anytime anybody 5 makes a modification they have to put in a little strip 6 of sidewalk, even though it may be 50 feet or doesn't 7 connect with anything. Same type of thing applies here. 8 If we were to require 60 feet, it would just be for this 9 one area. So do we do that or do we wait until we have 10 a reason to go full 60 feet, okay. And it's 50 feet 11 now, so it's not as big a deal. 12 So I think we probably -- my recommendation, 13 even though there's no action, this is -- the action is 14 only to set a public hearing. So I'm going to agree 15 with the County Engineer and move for recommending a 16 public hearing on -- on this issue on January the 25th, 17 at 10 a.m., and with the guidance to Charlie that we not 18 require, even though there's -- that can't be an action 19 or even a proposal right now or a motion on the thing, 20 it's just guidance from the County Engineer -- 21 MR. HASTINGS: Thank you. 22 COMMISSIONER MOSER: -- to -- to leave it at 23 50 feet. 24 JUDGE KELLY: But your motion is to set that 25 public hearing? 90 1 COMMISSIONER MOSER: Set the public hearing. 2 That's the only motion. Correct. 3 JUDGE KELLY: Is there a second. 4 COMMISSIONER BELEW: (Raising hand.) 5 JUDGE KELLY: Motion's been made by 6 Commissioner Moser, seconded by Commissioner Belew to 7 set a public hearing for January 25, 2021, at 10 a.m. 8 for Revision of Plat for River Bend Estates, Lots 8 9 and 9. Any discussion? Those in favor raise your hand. 10 Unanimous, five zero. 11 1.12 consider, discuss and take appropriate 12 action for the Court to set a public hearing for 10 a.m. 13 on January 25, 2021 for a Revision of Plat for Spicer 14 Ranch No. 3, Tract 151. Precinct 1. Charlie Hastings. 15 MR. HASTINGS: This proposal subdivides 16 Spicer Ranch No. 3, Tract 151, currently 11.58 acres, 17 into two tracts. Tract 151A will be 10.42 acres and 18 Tract 151B will be 1.16 acres. Property access and road 19 frontage to both lots will be on Harville Road. It is 20 served by Aqua Texas so our absolute minimum lot size is 21 one acre. That's -- that smaller lot would be over one 22 acre, 1.16. 23 County Engineer requests the Court set a 24 public hearing for 10 a.m. on January 25th, 2021 for a 25 Revision of Plat for Spicer Ranch No. 3, Tract 151, 91 1 Volume 3, Page 85. Precinct 1. 2 COMMISSIONER BELEW: I move for approval. 3 COMMISSIONER HARRIS: Second. 4 JUDGE KELLY: Motion has been made by 5 Commissioner Belew, seconded by Commissioner Harris to 6 set a public meeting for January 25, 2021 at 10 a.m. for 7 Revision of Plat for Spicer Ranch Road No. 3, Tract 151. 8 Any discussion? 9 COMMISSIONER LETZ: Question. Charlie, why 10 is the plat with these two different drawings on it? I 11 mean, it's unusual the way the -- 12 MR. HASTINGS: They wanted to zoom in. They 13 labeled one of them as -- it's kind of a zoom in of 14 the -- of this area in the front. So enlargement of the 15 residence area. 16 COMMISSIONER LETZ: Right. 17 MR. HASTINGS: I think they did that 18 probably for the review for Environmental Health. 19 COMMISSIONER LETZ: Because of -- 20 MR. HASTINGS: And so it -- it can -- that 21 can be removed. It doesn't have to go on the plat. 22 COMMISSIONER LETZ: Okay. 23 MR. HASTINGS: But when they initially 24 turned these in, there's additional information to 25 satisfy Environmental Health. It's just a convenience 92 1 for them. It -- it will be removed. 2 COMMISSIONER LETZ: Just curious. 3 JUDGE KELLY: Okay. Any other discussion? 4 Those in favor raise your hand. Unanimous, five zero. 5 1.13 this is a public hearing for Revision 6 of Plat for Verde Park Estates Section 3, Lot 2. Is 7 there anyone who would like to appear at this public 8 meeting? Okay. 9 MR. HASTINGS: Do we -- do we need to holler 10 out in the hallway for that? 11 JUDGE KELLY: It's a good idea. See if 12 anybody's out there. 13 MR. HASTINGS: No. There's nobody. 14 JUDGE KELLY: Okay. And that public meeting 15 is adjourned. 16 Let's move on to item 1.14 consider, discuss 17 and take appropriate action for the Court to approve the 18 Certificate of Completion for the Texas Department of 19 Agriculture Colonia Economically Distressed Areas 20 Programs, Project No. 7217045, East Kerr County/Center 21 Point Wastewater Collection Project Phase I, Contract 22 No. 2, and authorize the County Judge to execute said 23 certificate. This is Precincts 2 and 3. 24 MR. HASTINGS: Thank you. A construction 25 contract was entered into on the first day of July, 2017 93 1 between Kerr County and Pesado Construction Company, 2 Incorporated, for the construction of first-time sewer 3 connections for low to moderate income (LMI) residents 4 to connect to Phase I of the East Kerr/Center Point 5 Wastewater Collection Project, funded by the Texas Water 6 Development Board and Texas Department of Agriculture 7 (TDA), through their Colonia Economically Distressed 8 Areas Program, also known as CEDAP, funding. 9 The attached Certificate of Construction 10 Completion for the TDA CEDAP Project No. 7217045 funded 11 portion of the Phase I LMI connections, under Contract 2 12 with Pesado Construction Company, certifies that all 13 Phase I construction work has been completed, and a 14 final inspection of the project was conducted on the 15 31st day of August, 2020. 16 The County Engineer and the county's 17 engineering consultant, Tetra Tech Engineering, and 18 they're here, recommend that the Court approve the 19 Certificate of Construction Completion for Texas 20 Department of Agriculture Colonia Economically 21 Distressed Areas Program Project No. 7217045, the East 22 Kerr/Center Point Wastewater Collection Project Phase I, 23 Contract 2, and authorize the County Judge to execute 24 said certificate. Precincts 2 and 3. 25 COMMISSIONER MOSER: Move for approval. 94 1 COMMISSIONER LETZ: Second. 2 JUDGE KELLY: Motion's been made by 3 Commissioner Moser, seconded by Commissioner Letz to 4 approve the certificate of completion. 5 COMMISSIONER MOSER: And I'd like to 6 compliment Charlie and Don Burger, who's here from Tetra 7 Tech. This was a huge project. Lots of complications. 8 Lots of people to deal with. And especially the CEDAP 9 and LMI thing of connecting a lot of properties to this 10 system, so job well done. 11 MR. BURGER: Thank you. 12 MR. HASTINGS: Thank you. 13 COMMISSIONER LETZ: Question. 14 MR. HASTINGS: Excellent team behind all 15 that. 16 COMMISSIONER LETZ: Echo that. This is only 17 for the CEDAP portion. Don't we have a similar one with 18 the Water Development Board contract completion? 19 MR. BURGER: There will -- the paperwork is 20 different for the Water Development Board. We don't 21 have a -- a specific certificate to bring before the 22 Court for the Water Development Board funding. So this 23 serves as both. 24 COMMISSIONER LETZ: It serves as both? 25 MR. BURGER: Yes. 95 1 COMMISSIONER LETZ: Okay. 2 JUDGE KELLY: Any further discussion? Those 3 in favor raise your hand. Five zero. 4 Item 1.15 consider, discuss and take 5 appropriate action for the Court to approve Change Order 6 No. 5 to the East Kerr County/Center Point Wastewater 7 Project Phase I in the amount of $315,743.71. Charlie 8 Hastings. 9 MR. HASTINGS: Thank you. The attached 10 Change Order No. 5 that's in your packet is a 11 reconciliation change order to adjust quantities of 12 items to reflect the actual quantities of work completed 13 now that the project is finished. Item number 145 is a 14 correction to the amount of the item, as an error was 15 included in Change Order No. 4, which was the last one 16 you approved several weeks ago. The contractor 17 erroneously left out his overhead in the pay request. 18 Item number 140 addresses claims made by the 19 contractor for additional work subject to delay that 20 caused excessive mobilization and were not in the 21 control of the contractor. The delay was caused by a 22 lack of temporary construction easements. The temporary 23 construction easements were secured by the owner and 24 GrantWorks, but were not all secured at exactly the same 25 time, thus preventing the contractor from working on 96 1 those properties without the easement. 2 The extra work required to mobilize for 3 these connections has been reviewed and found to be 4 justified in the amount indicated for the work item. 5 The costs incurred by the contractor have been verified 6 by comparison to similar work items using CostWorks, 7 that's a software application, by RS Means. RS Means is 8 an independent construction cost estimating data 9 resource company. 10 County Engineer and the engineering 11 consultant, Tetra Tech Engineering, recommend that the 12 Court approve Change Order No. 5 to the East Kerr/Center 13 Point -- East Kerr County/Center Point Wastewater 14 Project Phase I in the amount of $315,743.71 and 15 authorize the County Judge to execute said document. 16 Precincts 2 and 3. 17 COMMISSIONER MOSER: Charlie, was that 18 temporary construction or was that in Center Point on 19 that -- on -- I can't remember the name of the street 20 now -- 21 MR. HASTINGS: Oh, it -- it was multiple 22 streets. 23 COMMISSIONER MOSER: Multiple streets. 24 MR. HASTINGS: They -- they were the 25 temporary construction easements that allowed the 97 1 plumber to go onto each individual property to connect 2 the -- 3 COMMISSIONER MOSER: Oh, okay. 4 MR. HASTINGS: -- the septic system. So 5 they're scattered throughout Westwood and Center Point. 6 COMMISSIONER MOSER: Okay. 7 MR. HASTINGS: They're in both locations. 8 COMMISSIONER MOSER: And this is all within 9 the budget of the project? 10 MR. HASTINGS: Yes, it is. 11 COMMISSIONER LETZ: Move for approval. 12 COMMISSIONER MOSER: Second. 13 JUDGE KELLY: Motion's been made by 14 Commissioner Letz, seconded by Commissioner Moser to 15 approve Change Order No. 5 to the East Kerr 16 County/Center Point Wastewater Project Phase I. Any 17 discussion? 18 COMMISSIONER LETZ: I'll make a comment. 19 You know, we were aware of this from the beginning that 20 this was happening. This isn't like a surprise. This 21 is just -- look at do it one time rather than do it 22 piecemeal. 23 COMMISSIONER MOSER: Good point. 24 JUDGE KELLY: Any other discussion? Those 25 in favor raise your hand. Five zero. 98 1 Item 1.16 consider, discuss and take 2 appropriate action for the Court to tentatively award a 3 contract for construction of the East Kerr County/Center 4 Point Wastewater Project Phase II, to D Guerra 5 Construction, LLC, in the amount of $10,565,954.99, 6 pending approval by the Texas Water Development Board, 7 and authorize the County Judge to execute the contract 8 when approved by the Texas Water Development Board. 9 Charlie Hastings. 10 MR. HASTINGS: Bids were opened and read 11 aloud publicly at the Kerr County Courthouse in the 12 Commissioners' Court chambers on November 24th, 2020. 13 The results of the bid opening were presented to and 14 officially received by the Commissioners' Court at their 15 meeting on November 30th, 2020. 16 The bids have been reviewed by the County 17 Engineer and the Engineering Consultant on the project, 18 Tetra Tech. Tetra Tech's recommendation and tabulation 19 of bids is attached hereto for the Commissioners' 20 review. The low bid for the project is from D Guerra 21 Construction, LLC, for $10,565,954.99 for all work bid 22 and financed by the Texas Water Development Board, Clean 23 Water State Revolving Funds, and EDAP funds. 24 The grant funds from the Texas Department of 25 Agriculture are grant funds to connect low to moderate 99 1 income households to the project. After analyzing the 2 bids, the cost will be used to fund a separate contract 3 to be bid later. This contract will be used to connect 4 low to moderate income households to the project 5 infrastructure. 6 One of the reasons we're waiting also is we 7 want to make sure we have all those temporary 8 construction easements for those. 9 Therefore, a tentative award is recommended 10 for the East Kerr County/Center Point Wastewater 11 Project, Phase II, to D Guerra Construction, LLC, in the 12 amount of the low bid of $10,565,954.99. See the 13 Engineer's recommendation of award and bid tabulation 14 for additional information in your packet. 15 COMMISSIONER MOSER: Question for the County 16 Attorney. On tentatively awarding a contract? I'm not 17 sure I understand that. I understand what Charlie's 18 saying, award the contract for the primary sewer system 19 installation but not the connection to individual 20 properties. Those pending, making sure we get -- 21 identify all the low to moderate income. But to 22 tentatively award -- can we do that or do we have to 23 award -- 24 COMMISSIONER LETZ: I think we're awarding 25 subject to the Water Development Board approval. 100 1 MR. BURGER: Yes. 2 COMMISSIONER MOSER: So it's just -- so it's 3 awarding subject to that? Oh, okay. 4 MR. BURGER: Subject to the Water 5 Development Board, yes. 6 COMMISSIONER MOSER: Okay. Gotcha. Okay. 7 It's not for the LMI. 8 MR. BURGER: Right. 9 COMMISSIONER MOSER: Okay. So I move for 10 approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Moser, seconded by Commissioner Letz to 14 approve the award of contract for construction of the 15 East Kerr County/Center Point Wastewater Project, 16 Phase II, to D Guerra Construction, LLC, subject to the 17 approval of the Texas Water Development Board. Any 18 further discussion? 19 COMMISSIONER LETZ: Just a comment. There 20 were some e-mails that came in either Friday or this 21 morning, I can't remember. It must have been Friday. 22 From Water Development Board, that they hope to have the 23 contract maybe approved this week or finish review of it 24 this week but they're working on it and they're trying 25 to get -- they understand this is time sensitive to us 101 1 and they're working on that currently. 2 JUDGE KELLY: Good news. All in favor raise 3 your hand. Five zero. I think this is the last of your 4 show this morning, Charlie. 5 MR. HASTINGS: Amen. 6 JUDGE KELLY: Item 1.17 consider, discuss 7 and take appropriate action for the Court to tentatively 8 award a contract for construction of the East Kerr 9 County/Center Point Wastewater Project Phase III to 10 D Guerra Construction, LLC, in the amount of 11 $7,313,775.02, pending approval by the Texas Water 12 Development Board, and authorize the County Judge to 13 execute the contract when approved by the Texas Water 14 Development Board. Charlie Hastings. 15 MR. HASTINGS: Bids were opened and read 16 aloud publicly at the Kerr County Courthouse in the 17 Commissioners' Court chambers on November 24th, 2020. 18 The results of the bid opening was presented to, and 19 officially received by, the Commissioners' Court at 20 their meeting on November 30th, 2020. 21 The bids have been reviewed by the County 22 Engineer and the Engineering Consultant on the project, 23 Tetra Tech. Tetra Tech's recommendation and tabulation 24 of bids is attached hereto for the Commissioners' 25 review. The low bid for the project is from D Guerra 102 1 Construction, LLC for $7,313,775.02 for all work 2 financed by the Texas Water Development Board EDAP 3 funds. 4 The County Engineer and Engineering 5 Consultant to the County, Tetra Tech, recommend that the 6 Court tentatively award a contract for construction of 7 the East Kerr County/Center Point Wastewater Project, 8 Phase III, to D Guerra Construction, LLC, in the amount 9 of $7,313,775.02, pending approval by the Texas Water 10 Development Board, and authorize the County Judge to 11 execute the contract when approved by the Texas Water 12 Development Board. 13 And would also make a note that similar to 14 Phase II, same thing for Phase III. The TDA funded low 15 to moderate income, that is being bid separately. That 16 will be a contract too. We'll be bidding that probably 17 in February. 18 COMMISSIONER MOSER: Move for approval. 19 COMMISSIONER LETZ: Second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Moser, seconded by Commissioner Letz to 22 approve the award of the contract for construction of 23 the East Kerr County/Center Point Wastewater Project, 24 Phase III, by D Guerra Construction, LLC, as presented. 25 Any other discussion? 103 1 COMMISSIONER LETZ: Yeah. Just as a 2 clarification. I probably should have made this on the 3 last motion also. I think the intent of these -- both 4 of these motions is to give the County Judge authority 5 to sign all -- the contract and all related documents. 6 There's a lot of documents that will have to be signed 7 for this, as I recall from the previous ones, and not 8 just a -- the actual contract. So the intent is to give 9 authority for all of those. 10 And the other comment I will make is usually 11 on these large projects the bids come in higher than the 12 Engineer's estimate. On both of these they came in 13 lower. So good job on the bidding side of this. 14 JUDGE KELLY: Okay. Any other discussion? 15 Those in favor raise your hand. Five zero. Thank you, 16 Charlie. Thank you, Don. 17 COMMISSIONER MOSER: Thank you, Don. 18 Charlie. 19 JUDGE KELLY: Item 1.18 public hearing 20 regarding the installation of "No Parking" signs on the 21 far northwest portion of Ace Ranch Road East. 22 Precinct 2. 23 I call the public meeting to order. Is 24 there anyone who would like to appear at this hearing? 25 There being no one, then I adjourn the 104 1 public meeting and we'll move on to Item 1.19 which is, 2 consider, discuss and take appropriate action for 3 Commissioners' Court final approval to install "No 4 Parking" signs on the far northwest portion of Ace Ranch 5 Road East. Precinct 2. Ms. Hoffer. 6 MS. HOFFER: Ms. Sarah Meza contacted the 7 Road & Bridge office around October 5th, 2020, regarding 8 a parked and closed utility trailer across from her 9 driveway. This trailer has made it very difficult to 10 get in and out of her driveway. They have also had to 11 call EMS to come to their home and this trailer has made 12 it very difficult to navigate through their -- to their 13 address. 14 The right-of-way easement is 20 feet, which 15 is found on plat record Volume 4, Pages 105 and 106, for 16 Guadalupe Heights No. 5, dated February 19th, 1978. The 17 pavement is 18 foot on this road. And so you've got a 18 foot off the actual paved section on either side. It's 19 very, very narrow. Front portion off of State Highway 20 27 is a 20-foot dedicated right-of-way up to Gary Cross 21 Way. From Gary Cross Way to the back of Ace Ranch Road 22 is a prescriptive easement that is also 20-foot wide, 23 both having an 18-foot wide pavement. Since this back 24 portion has no driveways or homes directly across the 25 street, the front portion from Highway 27 to Gary Cross 105 1 has houses on both sides that have driveways. Back 2 portion only has it on one side. 3 It would be of great benefit to these folks 4 to be able to put up "No Parking" signs on that portion 5 of the road. It is so tight back in there. 6 Commissioner Moser has -- has been involved on this. I 7 spoke to one of the residents, other than Ms. Meza, she 8 said that would greatly help us. I said I want to 9 remind you though that no parking means no parking for 10 you and your friends and your relatives in that section. 11 But she was good with that. 12 And so the County Engineer has also looked 13 at this. We drove out there and looked around. Charlie 14 thought that would probably help with this issue. 15 Commissioner Moser has been in the loop of all of this. 16 So at this time I ask the Commissioners' Court for their 17 final approval regarding the installation of "No 18 Parking" signs on the far northwest portion of Ace Ranch 19 Road East, Precinct 2. And it would just be on that one 20 side of the road. 21 COMMISSIONER MOSER: I'm going to move for 22 approval but I want to comment, too, on what Kelly and 23 Charlie have done on this. This is a real emergency 24 safety issue. Because vehicles, fire trucks or 25 ambulances or anything else, cannot get down there if 106 1 people are parked on both sides of that road. One has 2 driveways on it, which people park on, the other side 3 where Kelly is proposing to put up "No Parking" signs 4 there are no driveways there. 5 MS. HOFFER: Right. 6 COMMISSIONER MOSER: So this will -- this 7 will assure -- or help ensure access for emergency 8 vehicles down a very narrow road without any turnaround 9 at the end of it. 10 MS. HOFFER: Right. Correct. 11 COMMISSIONER MOSER: So it's an important 12 thing to do. So that's my motion. 13 COMMISSIONER HARRIS: I'll second. 14 JUDGE KELLY: Okay. Now we have a second. 15 A motion by Commissioner Moser, seconded by Commissioner 16 Harris to approve those "stop signs" on the northwest 17 corner of Ace Ranch Road as presented. Any discussion? 18 Those in favor raise your hand. Five, zero. 19 1.20 consider, discuss and take appropriate 20 action to open, read and award the Annual Bids for Road 21 Base, Cold Mix, Aggregate, Emulsion Oil and Corrugated 22 Metal Pipe. Kelly Hoffer. 23 MS. HOFFER: After the bids have been opened 24 and read, we would like to review immediately and return 25 on this Court date, December 14th, 2020 and award the 107 1 Annual Bids for Road Base, Cold Mix, Aggregate, Emulsion 2 Oil and Corrugated Metal Pipe. All bid prices are to 3 begin January 1, 2021 and be in effect until December 31 4 of 2021. At this time, we ask the Court to open and 5 read all material bids. 6 COMMISSIONER LETZ: So we can open them, 7 Judge? 8 JUDGE KELLY: Yes. 9 COMMISSIONER LETZ: We've got a lot of them. 10 All right. The first one is from Ergon 11 Asphalt and Emulsion. They bid on CRS2, one at $1.92 12 per gallon, CRS2P $2.27 a gallon, AEP $2.67 a gallon, 13 CFS1H $1.92 a gallon, and then MS2 $2.62 a gallon. That 14 looks like that is it for them. The next we have a bid 15 from Waller County Asphalt, it looks like. They bid on 16 cold mix, Type D, $85 a ton. And it appears that is all 17 they bid on. 18 COMMISSIONER BELEW: What is the rest of 19 that, though? 20 MS. HOFFER: It's just the whole packet. 21 COMMISSIONER LETZ: They attached the whole 22 packet. 23 COMMISSIONER BELEW: And they just gave a 24 price on -- 25 COMMISSIONER LETZ: They have no bid on 108 1 everything except the one that I mentioned. 2 And a bid from Edmond Jenschke on base 3 material, Type A, Grade 2, 875 a ton. And that was the 4 only ones they bid on. 5 Next we have a bid from somebody -- from 6 Martin Marietta. They bid on base material, Grade 2, 7 775 a ton. And Type A, crushed limestone, Grade 2, 1862 8 a ton. And I will mention that some of them have 9 various FOB locations cited that will be taken into 10 account when the bids are reviewed. It appears that is 11 all that Martin Marietta bid on. 12 A bid from -- appears to be from Digg 13 Commercial, D-I-G-G. The base material, Grade 1 $9.00 a 14 ton, Grade 2 $9 a ton. The FOB in Kerr County, Grade 1 15 $30 a ton, Grade 2 $30 a ton. Then on trap rock, 16 Grade 3 $60 a ton, trap rock Grade 4, $60 a ton. No bid 17 on Grade 5. Uncoated paving rock, Grade 3 $80 a ton, 18 Grade 4 $80 a ton, and Grade 5 there's no bid. 19 COMMISSIONER HARRIS: That goes with the 20 last envelope. I don't know if you need it. 21 COMMISSIONER LETZ: Okay. Next one is from 22 P Squared Emulsion Plants on the emulsion oils. CRS2, 23 299 a gallon, ADP 2.04 per gallon, CSS-1H 269 a gallon, 24 MSS2 282 a gallon. I will note that it looks like they 25 substituted something different for each of the ones we 109 1 specified. For example, under CRS-2 they have in 2 parenthesis CWE-2. So that will be looked at when bids 3 are evaluated. And that's it from P Squared. 4 Wright Asphalt Products, on emulsion oils, 5 they added one. TRFOG at 2.6 -- 2.163 per gallon, CRS-2 6 $2.01 per gallon, CRS-2P, 231 a gallon, AEP no bid, 7 CSS-1H 206 a gallon, MSS2 no bid. That's all they bid 8 on. 9 Next from Vulcan Materials. Paving 10 aggregates, trap rock Grade 3, 3951 per ton. Trap rock 11 Grade 4, 4151 per ton. Trap rock Grade 5, 40.51 per 12 ton. Uncoated paving rock, Grade 3, no bid. Uncoated 13 paving rock, Grade 4, 3587 a ton. Uncoated paving rock, 14 Grade 5, no bid. 15 Base material, FOB suppliers plant, Grade 2, 16 $8 per ton. FOB Kerr County, $20.13 per ton. On hot 17 mix, cold lay, asphaltic concrete pavement, black base 18 Type AA, 5854. This says after that Type AA plus 64.54 19 per ton. Cold mix Type CC, 5854 a ton. Type CC plus, 20 6454 a ton. Cold mix Type D, 6154. Cold D plus, 6754 21 per ton. 22 Is this the same as the other one? Let me 23 check. 24 This is from Allen Keller. Paving 25 aggregates, uncoated paving rock, Grade 3, $35.00 a ton. 110 1 Uncoated paving rock, Grade 4, $35.00 a ton. Uncoated 2 paving rock, Grade 5, $35.00 a ton. Base material, FOB 3 Suppliers Plant, Grade 1, 850 a ton. No bid on Grade 2. 4 FOB Kerr County, Grade 1, $16 a ton. No bid on Grade 2. 5 And this is from Wheatcraft, Incorporated. 6 Paving aggregates, uncoated paving rock, $20 per ton. 7 That's for 5/8 round. Uncoated paving rock, Grade 4, 8 $20 per ton, half-inch round. Uncoated paving rock, 9 Grade 5, $20 per ton, 3/8 round. And then underneath 10 that, it says for all three of those, I guess, $25 per 11 ton for crushed. 12 And then for the price for -- I guess for 13 hauling, trailer 490 a ton, tandem 680 a ton. 14 On base material, the FOB suppliers plant, 15 inch and a half, and it looks like three-quarters -- 16 well, inch and a half must be 925 a ton. Grade 2, they 17 didn't bid. And then 3/4-inch down, it looks like 1125 18 per ton. FOB Kerr County. Type A is Grade 1, 1655 a 19 ton. No bid on Grade 2. And then 3/4-inch down, 1855 20 per ton. Trailers only. 21 And under cold mix, Type D, $90 per ton. 22 Hot mix, Type D, $65 per ton. 23 And I think that's it. And I don't know how 24 you go through all these because they seem to all modify 25 what's asked. But I'll make a motion we accept all 111 1 bids, refer them to Road & Bridge Department, Road & 2 Bridge Administrator to review and come back with 3 recommendations. 4 COMMISSIONER HARRIS: I'll second. 5 JUDGE KELLY: Motion's been made by 6 Commissioner Letz, seconded by Commissioner Harris to 7 accept all bids and refer them to Road & Bridge for 8 evaluation and report back to the Court. Any 9 discussion? Those in favor raise your hand. Five zero. 10 Item 1.21 consider, discuss and take 11 appropriate action regarding the approval of the 12 Asbestos Management Plan for the property located at 550 13 Earl Garrett, which is the future site of the Hill 14 Country Regional Public Defender's Office. 15 I visited with Harvey Brinkman and Bruce 16 Stracke, and we have one small area of flooring back by 17 a closet where the elevator is going that does have 18 asbestos and they asked me whether or not we wanted to 19 encapsulate it, which means cover it and seal it or 20 remove it. And I said, well, how much does it cost to 21 remove? I was told between $2500 and $2600. So we need 22 to decide if we're going to remove it or we're going to 23 encapsulate it. It's not that big a deal but we just 24 have to advise them which way. 25 COMMISSIONER HARRIS: Right. And to seal 112 1 it, what would that cost? 2 JUDGE KELLY: I don't know -- 3 COMMISSIONER BELEW: It's just the cost of a 4 new floor, right? 5 JUDGE KELLY: Yeah. 6 COMMISSIONER BELEW: You just cover it up. 7 So -- which is going to be incurred anyway. So I would 8 say we just cover it up. You're going -- you're going 9 to spend that money anyway. 10 JUDGE KELLY: True. But I look at it as if 11 we ever have to do anything over there again, we would 12 have another asbestos issue, draw the permits, they do 13 an inspection, and away we go again over one little 14 patch of asbestos. For $2500, I'd recommend we just get 15 rid of it and take it out. 16 COMMISSIONER LETZ: So -- 17 JUDGE KELLY: It's going to be another court 18 to get this problem in 10 or 15 years. 19 COMMISSIONER LETZ: Well, what -- I'm 20 thinking down the road even sooner than that. When we 21 start deciding who's going to move into that building 22 and making some renovations, if we have to make any 23 renovations, are we going to have to do another asbestos 24 survey at that point if we don't fix it now? 25 JUDGE KELLY: Whether we encapsulate it or 113 1 remove it, it satisfies all permit requirements. 2 COMMISSIONER LETZ: For how long? 3 JUDGE KELLY: For the extent of the property 4 that we have. 5 COMMISSIONER BELEW: For the life of the -- 6 yeah. What you're talking about would be -- Jonathan, 7 that you're talking about if you move the wall or 8 something? 9 COMMISSIONER LETZ: Yeah. Changing walls or 10 sheetrock and roof or ceiling stuff. 11 COMMISSIONER BELEW: Is it in an entryway 12 or -- 13 JUDGE KELLY: It's in a closet in the 14 bathroom. 15 COMMISSIONER BELEW: A closet in a bathroom. 16 I say we just encapsulate it. 17 COMMISSIONER LETZ: I don't have a strong 18 opinion. 19 JUDGE KELLY: It's the gift that keeps on 20 giving if we don't get rid of it. 21 COMMISSIONER BELEW: I've seen some of these 22 jobs where they start tearing this stuff up and remodel. 23 The less you tear up, the better off you are. 24 JUDGE KELLY: Well, this has to -- one of 25 the areas of the closet is where they're putting in the 114 1 elevators that go in there. 2 COMMISSIONER LETZ: And we're sure this is 3 all there is in the whole building? 4 JUDGE KELLY: They have -- it's been 5 inspected. We've had -- it's been going on for several 6 weeks and this is the only they found. 7 COMMISSIONER HARRIS: I don't know. Do it 8 for 1999. 9 (Laughter.) 10 COMMISSIONER LETZ: All right. I guess I'll 11 go along with the Judge. I mean, the $2600. We know 12 there's no asbestos in the building. If anyone wants to 13 do anything with it, we don't have to worry about it. 14 COMMISSIONER BELEW: That's a County 15 employee's paycheck. 16 COMMISSIONER LETZ: Well, that's true, too. 17 JUDGE KELLY: Well, what I would point out 18 on it is, we'll talk more about the building on some 19 subsequent agenda items. So -- but we are able to 20 acquire this building based upon these tax anticipation 21 notes -- and so what we're talking about here is 22 financing whatever we do. This is not going to come 23 directly out of our budget. 24 So to -- and there are going to be other 25 things that have to be done to this building for us to 115 1 be able to move in, which we also want to be able to do 2 on those tax anticipation notes. So it's not a direct 3 expense. Long term. I mean, it -- it's $2600 any way 4 you slice it. Sheriff. 5 SHERIFF HIERHOLZER: The only thing I'll say 6 is when we did the expansion at the jail, we had to 7 actually -- even though it was built in '95 and you 8 didn't have all that, had to go back through the whole 9 asbestos study and inspection, because we couldn't ever 10 find the records of when it had been done. 11 And the other thing is if you do it and you 12 get a clean inspection if they remove it and you keep 13 track of that inspection, I'm not sure if you have to do 14 it again as long as you can show it. 15 JUDGE KELLY: Yeah. 16 SHERIFF HIERHOLZER: We couldn't show it. 17 Okay. But if you do it and you just encapsulate it, 18 then you're -- there's always going to be that note on 19 that inspection that it was there and it was 20 encapsulated and what happened afterwards. 21 JUDGE KELLY: And they're going to look for 22 it. 23 SHERIFF HIERHOLZER: To me, that type of 24 money what we spent out at the -- out at the Law 25 Enforcement Center, I'd remove it. 116 1 COMMISSIONER BELEW: Well, you get a -- you 2 get a certificate of what happened either way. Either 3 way, it states what happened. 4 JUDGE KELLY: But -- but the difference is 5 we're going to have to deal with it in the future, if we 6 do anything that involves those areas. Because it's 7 encapsulated and they have a record that it's there. If 8 we encapsulate it then we go back through this drill 9 again. If we remove it, we don't have to do that. 10 COMMISSIONER BELEW: Right. 11 COMMISSIONER HARRIS: Let's rip the band-aid 12 off and go ahead and do it and get it done. 13 COMMISSIONER LETZ: Is that a motion? 14 COMMISSIONER MOSER: And what was your 15 pricing at? 16 COMMISSIONER HARRIS: Well, did we -- did we 17 actually -- is this one guy's cost? That's the way to 18 do it? I mean is this farmed out or for bids or -- 19 COMMISSIONER LETZ: Yeah, it's really under 20 the contract of the person that's doing the work right 21 now. 22 COMMISSIONER HARRIS: Gotcha. 23 JUDGE KELLY: This is really coming from 24 Harvey Brinkman and his subcontractors that are working 25 on the building. 117 1 COMMISSIONER LETZ: But we end up paying for 2 it. 3 I make motion that we approve the $2600 to 4 remove the asbestos. 5 COMMISSIONER HARRIS: I'll second it. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Letz, seconded by Commissioner Harris to 8 approve the removal of the asbestos at the Earl Garrett 9 property. Any discussion? Those in favor raise your 10 hand. Against. Four, one. 11 (Commissioner Belew voted against.) 12 JUDGE KELLY: Item 1.22 discussion regarding 13 the refinance of the Certificate of Obligation and 14 upcoming Tax Anticipation Notes. 15 We're approaching year end. With the 16 purchase of the 16 acres over off Spur 100 that was 17 approved today, we're just about ready to go to the 18 market with these notes. And looks like we're -- the 19 interest rate is probably going to be about 1.25 percent 20 is what I'm hearing. I don't think that's going to 21 change appreciably over the next month. The only -- and 22 then we're going to also be talking more about our 23 move-in date and some of the things that are going to 24 have to be done in that building and we want to try to 25 get a handle on that and be all into these -- these tax 118 1 notes. So it's a one stop shop. 2 COMMISSIONER LETZ: And this is just 3 informational and we'll come back when it's time to -- 4 early January, it looks like. 5 COMMISSIONER MOSER: What was the interest 6 rate again, one point -- 7 JUDGE KELLY: 1.25. 8 COMMISSIONER MOSER: 1.25? 9 JUDGE KELLY: 1.25. And so if the public -- 10 if inflation is running at 1.8, which is what they're 11 telling us, they're actually paying us to borrow their 12 money at this point. So if we only pay 1.25 and the -- 13 versus 1.8, it's an incredible opportunity to do this. 14 Okay. Moving on to Item 1.23 this is a 15 discussion regarding the opening date for the Hill 16 Country Regional Public Defender's Office. 17 What we're anticipating right now is 18 probably -- in terms of moving into the improved space 19 on the second floor, the final home for the PDO, we're 20 targeting probably March 1st. And we're also looking 21 with the hiring of John Bull being able to probably get 22 our temporary office up and running by January 1. 23 That's the goal. Just to keep everybody in the loop on 24 that. 25 And there will be -- as we talk about doing 119 1 that, I think we're probably going to be looking at some 2 painting, some carpeting, floor covering of some sort, 3 to get us into the building. I think we all realize 4 that if we don't do it now, if we don't do it with these 5 tax anticipation bonds, then we'll probably never get it 6 painted and we'll probably never get the floor covering 7 done, so it just seems -- makes sense to do it all at 8 one time. 9 COMMISSIONER LETZ: Judge, does it make 10 sense to add this to Harvey Brinkman's agreement? 11 Because my answer is yes, it does, in my opinion. 12 COMMISSIONER BELEW: I thought this was 13 being done now. 14 COMMISSIONER LETZ: No. 15 JUDGE KELLY: No. We're doing ADA. 16 COMMISSIONER BELEW: Why is this -- 17 JUDGE KELLY: We're doing ADA compliance. 18 COMMISSIONER LETZ: Yeah. This really -- 19 under the current contract with Brinkman, it's limited 20 to redoing the restrooms and make them ADA. 21 COMMISSIONER BELEW: Right. 22 COMMISSIONER LETZ: Putting in an elevator. 23 Adding an additional stairwell that was required for -- 24 or stair access outside the building. 25 COMMISSIONER BELEW: Like a fire escape? 120 1 COMMISSIONER LETZ: Yeah. Yeah. It's a 2 code requirement. And that's really it. We -- there's 3 no cosmetic renovation included in the number. I walked 4 through the building last week and spent some time over 5 there and opened up a lot of the offices and some of 6 them have carpet that really needs to come out. And I 7 talked to the Judge a little bit about it, too. And I 8 said, you know, seems to me even if it delays moving in 9 a little bit, and I think this will cause a little bit 10 of a delay potentially, it sure makes sense to get -- 11 get it ready to go now rather than trying to come out of 12 our operating budget later. Right now, we can roll it 13 into the finances. 14 COMMISSIONER BELEW: Sure. 15 COMMISSIONER LETZ: And the building can be 16 painted. And it doesn't need a whole lot. Door 17 hardware is also on the current bill. And there is 18 going to be cost that's not included right now on 19 security and some wiring for computers and some of that 20 stuff that they're already working on. So -- but it 21 makes sense as much as possible to include it all into 22 Brinkman's agreement so that they can hire additional 23 contractors right now rather than they're not going to 24 want to different -- we don't want two different 25 contractors in that building at the same -- or two 121 1 general contractors at the same time. 2 COMMISSIONER BELEW: So is our idea to get 3 enough office space there that we can go get situated 4 and have a base of operation? 5 COMMISSIONER LETZ: There's a -- 6 JUDGE KELLY: There's a -- it's actually a 7 suite. 8 COMMISSIONER LETZ: Right. 9 JUDGE KELLY: The hall has been -- a door 10 has been placed at the end of the hall. 11 COMMISSIONER BELEW: Okay. Yeah. What I 12 mean is, if he gets in there -- it doesn't have to be 13 finished out. They can start with a few offices 14 renovated and -- 15 COMMISSIONER LETZ: Right. Right. 16 JUDGE KELLY: Downstairs will be on the 17 northwest corner of the building. There will be enough 18 office space for Bull, an office manager and maybe a 19 couple attorneys and a staff person. Just -- just to 20 get the thing open. 21 COMMISSIONER BELEW: And then we do the rest 22 as we go or -- or we don't really have a comprehensive 23 plan on that, do we? 24 JUDGE KELLY: Well, that's what -- we're 25 going to meet with Mr. Bull tomorrow, he's coming up 122 1 here. And we'll start to walk through all the things 2 that have to be done over there. We have to order 3 furniture. We have to get computers. We've got to have 4 office equipment. We've got to get these job postings 5 posted. I mean, he's going to hit the ground running 6 hard. 7 COMMISSIONER LETZ: Right. We're -- 8 JUDGE KELLY: And it's all -- all that 9 comprehensive planning is going to be on his plate. 10 COMMISSIONER LETZ: Yeah. But we're looking 11 at getting -- you know, Judge, and myself, and Bruce, 12 primarily the ones that are working to get -- 13 JUDGE KELLY: And Judge Williams. 14 COMMISSIONER LETZ: And -- well, Judge 15 Williams. But I mean on the -- the operation side to 16 get the building ready, as far as at the County end, for 17 example, went out to -- Shane and I went out to our old 18 furniture piles, and went through what we have out there 19 and came across six or seven desks that are really nice. 20 And Shane says they are property of the 216th. I've 21 already contacted Lucy Wilke and she said she -- she'll 22 surplus them so we can move them in. So we have 23 furnishings for six desks. There's a couple -- there's 24 probably a desk sufficient for Mr. Bull and a small 25 conference table over there. A really nice conference 123 1 table. It used to be in the Judge's Office. So there 2 are some -- but we're still going to need quite a bit of 3 furniture. But we'll have enough to get started. 4 JUDGE KELLY: And so that -- so that 5 everyone knows, not only County employees but the 6 public, we're going to do this same scavenging with the 7 other counties. Everybody's looking into what we've got 8 that we can use. And that is all going to be 9 contributed to the PDO. 10 COMMISSIONER LETZ: And there's some out 11 there that Shane and I looked at that we need to surplus 12 a bunch of that junk. It is pure junk out there, some 13 of it. Some of that old metal furniture is dented and 14 stuff. I mean -- 15 JUDGE KELLY: And I think all of that will 16 probably occur simultaneously as we go in and put the 17 new sprinklers in that building and the cyclone fencing 18 up for the storage facility, the storage unit we're 19 going to create over there. So we'll be cleaning that 20 out at the same time as we finish other stuff up. 21 SHERIFF HIERHOLZER: I think Gordon's doing 22 a security deal on the key fobs because that'll be a 23 separate contract because they'll do the installation 24 and all that themselves, right. They were supposed to. 25 COMMISSIONER BELEW: So that's the hardware 124 1 you're talking about, the door hardware? 2 COMMISSIONER LETZ: Yeah. And also all the 3 doorknobs on it, they're all pretty old and my 4 understanding is that they're replacing the door 5 hardware. And there's going to be some other 6 renovations in there. 7 The question I have, I guess to the County 8 Attorney, on some of this work like the painting, how do 9 we go about just doing a change order with the seller 10 that we want this done as -- before we move in? I mean, 11 how do we -- 12 JUDGE KELLY: Say again? 13 COMMISSIONER LETZ: Do we just do a change 14 order with the seller, being the Brinkman Group? 15 JUDGE KELLY: For? 16 COMMISSIONER LETZ: To do the painting and 17 the carpeting? I mean, how do we get that done quickly 18 under that -- 19 COMMISSIONER BELEW: That's a separate -- 20 that -- that would be a separate contract. 21 MRS. STEBBINS: Uh-huh. I think that has to 22 be a separate contract. 23 COMMISSIONER LETZ: With them? 24 MRS. STEBBINS: I don't think it has to be 25 necessarily but it might be efficient to have it with 125 1 them. But it sort of then depends on -- then it depends 2 on the cost to the County for those. I don't imagine it 3 would be more than $50,000.00, but -- 4 COMMISSIONER LETZ: Well, I'm thinking it 5 will be more 50,000. 6 MRS. STEBBINS: Oh, you do? 7 COMMISSIONER LETZ: Yeah. Well, that -- but 8 that's the question is that they're doing a lot of 9 renovations already to the building. I mean, they're 10 already -- they're up to 250,000 on the renovations. 11 MRS. STEBBINS: Uh-huh. 12 COMMISSIONER LETZ: So -- 13 COMMISSIONER BELEW: That's ADA mitigation 14 stuff. 15 COMMISSIONER LETZ: Well, part of it. 16 COMMISSIONER BELEW: That's not the same as 17 painting and changing doorknobs and -- 18 COMMISSIONER LETZ: Well, painting and -- 19 changing doorknobs, to me, is equivalent to painting. 20 COMMISSIONER BELEW: That's what I'm saying. 21 COMMISSIONER LETZ: Yeah. 22 COMMISSIONER BELEW: It's not the same as 23 making sure you got an elevator for ADA compliance. 24 COMMISSIONER LETZ: Right. I'm just 25 wondering -- 126 1 JUDGE KELLY: But our -- our agreement with 2 them is it's cost -- actually cost pass through. And 3 whatever -- and we've got a contract for them to do 4 that. If we want to enter into an additional contract, 5 letter agreement or whatever, add to the scope of work 6 that we want them to do, I think that's pretty easily 7 done. So that -- 8 COMMISSIONER BELEW: Well, my question is 9 this, if we did it that way, then regardless of cost -- 10 and you're in this comfort zone that then we don't have 11 to take bids if we did it that way. They -- we have a 12 contract with them. 13 MRS. STEBBINS: But it was for a specific 14 ADA compliance -- 15 COMMISSIONER BELEW: But we can change order 16 it, you know -- 17 MRS. STEBBINS: And now that we want this 18 work done, I don't know -- I think it would be safer to 19 do it -- do you think that the cost of what y'all want 20 to do now would be more than $50,000.00, I think it 21 would be safer to go out for a bid and do that. 22 COMMISSIONER BELEW: It's going to be more 23 than that for sure. 24 COMMISSIONER LETZ: Yeah. I don't know how 25 you -- how do you go out for bid -- I mean I know how 127 1 you go out for bid -- 2 JUDGE KELLY: Well, I can tell you right 3 now, they're not going to want to supervise -- if we go 4 out for bid we own it. 5 COMMISSIONER LETZ: Right. That's what I'm 6 saying. And then it can't be done until after we take 7 possession, which is going to be March. 8 COMMISSIONER BELEW: Now, is that still on 9 our 80/20 deal? I mean where we're paying 20 percent of 10 that as part of the grant? 11 COMMISSIONER LETZ: Yeah. Well, it goes 12 into -- not part of the grant. I mean, it's part of the 13 cost and then we recoup a portion of it through rent. 14 JUDGE KELLY: No. 15 COMMISSIONER LETZ: Well not directly, but 16 indirectly. 17 JUDGE KELLY: Indirectly. The rent is going 18 to be determined and it's going to be a fair market 19 value rate on a price per square foot basis. Just like 20 -- just like you and commercial leasing. That's going 21 to be the -- that will be the agreement between Hill 22 Country Regional Public Defender's Office and Kerr 23 County. Because the PDO will lease the space from us. 24 Okay. That's how we're going to recover this. It's not 25 technically part of the grant. The grant is for the 128 1 budget to run the office and pay -- and pay rent. 2 COMMISSIONER BELEW: Oh, right. And the 3 rest comes from -- yeah. 4 JUDGE KELLY: And the -- 5 COMMISSIONER MOSER: Seems to me like we're 6 buying a building, okay, we're authorizing them to make 7 any ADA changes as part of the purchase, so all we're 8 doing is changing the purchase price, if we were to do 9 this, by requirements change and -- seems like a small 10 change for the same -- 11 MRS. STEBBINS: The scope is different. 12 COMMISSIONER MOSER: Huh? 13 MRS. STEBBINS: The scope is different. The 14 scope -- 15 COMMISSIONER MOSER: I know. So -- 16 MRS. STEBBINS: -- of need is different. 17 COMMISSIONER MOSER: But contracts change 18 all the time as far as changing requirements. It's 19 called requirements creek, right? I mean, it's common 20 -- common activity. Requirements creek. So we're 21 letting the requirements change slightly on a big 22 purchase. 23 JUDGE KELLY: But technically we -- we can't 24 have anybody to do it until we own it. 25 COMMISSIONER LETZ: Right. 129 1 JUDGE KELLY: And we don't own it until we 2 finish. 3 COMMISSIONER BELEW: Well, this occurs to me 4 that if we're talking about doing it piecemeal, we might 5 not ever get up to that $50,000.00 threshold. So if we 6 have said we would -- 7 MRS. STEBBINS: But if you do it piecemeal 8 and it gets up to $50,000.00, you still -- the bid 9 requirement doesn't -- 10 COMMISSIONER MOSER: Well, I don't know why 11 $50,000.00 even comes into play here. We're purchasing 12 a building, they're making some modification. We have a 13 new requirement. A new requirement on the purchasing of 14 the building. 15 COMMISSIONER BELEW: If it's done that way. 16 COMMISSIONER MOSER: It's going to change 17 the price. 18 MRS. STEBBINS: Well, they -- 19 COMMISSIONER BELEW: If it's not done that 20 way then you mentioned the -- that we'd have to go out 21 for bids. 22 MRS. STEBBINS: Yeah. And it's -- 23 COMMISSIONER BELEW: You wouldn't if you 24 were doing it the way we talked about -- 25 JUDGE KELLY: That's what we're doing. 130 1 MRS. STEBBINS: I didn't hear what you said 2 so -- 3 JUDGE KELLY: We're adding a grill guard and 4 a bed liner to our pickup. 5 COMMISSIONER MOSER: Right. 6 COMMISSIONER BELEW: Right. Yeah. 7 JUDGE KELLY: But Ken Stoepel is going to do 8 it anyway. 9 COMMISSIONER BELEW: But Ken Stoepel would 10 send it out to somebody else. 11 COMMISSIONER MOSER: But you -- 12 COMMISSIONER LETZ: I would -- I would 13 recommend two things. One, I think he needs to look at 14 the contract we have and it specific -- because it 15 doesn't -- it doesn't say fix ADA. It lists specific 16 items in there which are a lot broader than just ADA. 17 And I think we just need to look at that contract first. 18 And the other thing we need to do is 19 probably have Peter Lewis go through the building and 20 tell us what he recommends as the scope of work of 21 additional work to make it usable. 22 COMMISSIONER MOSER: Right. 23 COMMISSIONER LETZ: Because in my opinion 24 right now it's not usable the way it is because of the 25 carpet issues. 131 1 COMMISSIONER MOSER: And if we -- if we were 2 to do it, we can't do it until we own the building. 3 COMMISSIONER LETZ: Right. 4 COMMISSIONER MOSER: So, therefore -- 5 MRS. STEBBINS: So -- 6 COMMISSIONER LETZ: Can we amend -- can we 7 not amend the contract? 8 COMMISSIONER MOSER: Sure. 9 COMMISSIONER LETZ: On the purchaser? To 10 add to the additional work to make the building usable 11 to us? 12 COMMISSIONER BELEW: A separate contract 13 opens up everything else. It -- it does make sense. 14 But I still think if you're going to do it the way we 15 said, if you're going to do it piecemeal, you just -- 16 COMMISSIONER LETZ: Can't do it piecemeal. 17 It's an aggregate cost of the remodel. We're already 18 over -- we're already at 250,000. 19 COMMISSIONER BELEW: But we just discussed 20 having an office big enough for Mr. Bull to get in and 21 having that part of it remodeled and doing the rest of 22 it. 23 COMMISSIONER MOSER: We're buying a 24 building. We're buying a building and they're making 25 changes. 132 1 COMMISSIONER BELEW: Right. 2 COMMISSIONER MOSER: So this is some 3 additional changes. 4 COMMISSIONER BELEW: I get it. I hear you. 5 I understand. 6 COMMISSIONER HARRIS: I agree with Tom. 7 COMMISSIONER BELEW: Okay. But you're -- 8 you're talking infrastructure stuff here and ADA stuff. 9 Because what you mentioned earlier, for example, with 10 computers, whether it's got cat five in it or not or 11 whatever, all that has to be taken care of. And that's 12 basically infrastructure, that's not remodel. 13 COMMISSIONER MOSER: That's after we buy the 14 building. 15 COMMISSIONER LETZ: Well, we're doing it 16 now. 17 COMMISSIONER BELEW: It's part of the deal. 18 COMMISSIONER LETZ: It's part of it. I 19 mean, they're looking at how to do it right now. I 20 mean, the bathrooms have all been changed. You know, 21 not all of them have been changed. To me, it's the way 22 to do it. To amend the contract is certainly a lot 23 cleaner. 24 COMMISSIONER MOSER: Okay. 25 JUDGE KELLY: Well, this was a discussion 133 1 item and we've cussed and discussed. 2 COMMISSIONER HARRIS: Yeah, we have. 3 JUDGE KELLY: And it seems like to me we 4 need to bring more information back to the court and 5 discuss it again. 6 COMMISSIONER HARRIS: I agree. 7 JUDGE KELLY: And visit with the County 8 Attorney and make sure we're doing it the right way. 9 COMMISSIONER LETZ: Yeah. 10 JUDGE KELLY: Okay. With that, we'll move 11 on to Item 1.24, Mr. Wilke. Consider, discuss and take 12 appropriate action to appoint Kenneth Wilke to the 13 position of Kerr County Constable, Precinct 3, due to 14 Paul Gonzalez's inability to take office effective 15 January 1, 2021. 16 COMMISSIONER LETZ: I put that on the 17 Agenda, Judge. I think everyone is aware of the 18 situation that Paul notified us that due to personal 19 reasons, primarily, he feels obligated to continue his 20 work with KISD for the time being, he requested not -- 21 or said that he could not take office. I'm not sure how 22 long that's going to be. 23 I talked Ken. He's willing to continue to 24 serve. It would be for a two-year period -- up to a 25 two-year period. 134 1 COMMISSIONER BELEW: Until the next 2 election. 3 COMMISSIONER LETZ: Until the next election, 4 he's willing to serve. We spent probably way too much 5 time between Ken and I and others talking about when to 6 put it on the agenda, but it makes sense to do it now so 7 he -- his bond and his peace officer license and all 8 that continues and is effective January 1. And to be 9 there for the swearing in on January 1. 10 JUDGE KELLY: In order to keep the 11 continuity, we've got to get the bond by January 1. 12 COMMISSIONER LETZ: Right. And County 13 Attorney, I think, has agreed with all this. So with 14 that all said, I'll make a motion that we appoint Ken 15 Wilke to serve the unexpired term for Constable in 16 Precinct 3. 17 COMMISSIONER BELEW: I'll second. 18 COMMISSIONER MOSER: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Letz, seconded by Commissioner Belew to 21 appoint Kenneth Wilke as the Constable for Precinct 3, 22 starting January 1, 2021. And we'll get his bond in 23 place before that. 24 COMMISSIONER LETZ: And I will make a 25 comment. I talked to Paul last Friday, Thursday or 135 1 Friday of last week, and he still is very interested in 2 trying to serve at some point. He'd love to be the 3 Constable, but he just feels a strong allegiance to the 4 kids at KISD and they do not have a -- someone really to 5 take his spot right now. So hats off to him for, you 6 know, really looking at the big picture in his mind. 7 So -- 8 JUDGE KELLY: Okay. Any other discussion? 9 COMMISSIONER BELEW: Well, thank you, Ken, 10 for giving up sleeping in on New Year's Day. I know you 11 were looking forward to that this year. 12 COMMISSIONER LETZ: Any words, Ken? 13 CONSTABLE WILKE: Thanks, gentlemen. 14 JUDGE KELLY: Seriously. We really 15 appreciate you stepping up to help us out. 16 CONSTABLE WILKE: Yeah, I'm good. No 17 issues. I don't mind helping. It's what I'm here for. 18 COMMISSIONER HARRIS: Well, we appreciate 19 that. 20 COMMISSIONER BELEW: That enthusiasm is hard 21 to beat. 22 JUDGE KELLY: Everyone in favor raise your 23 hand. Unanimous, five zero. 24 COMMISSIONER LETZ: Thank you, Ken. 25 JUDGE KELLY: Now we have 1.25. This is 136 1 Ms. Soldan. There she is. Okay. Consider, discuss and 2 take appropriate action on County Treasurer's request to 3 temporarily change current part-time position to 4 full-time to train with retiring employee for 5 approximately four weeks. This will not require 6 additional funding to the Treasurer's budget. 7 Tracy Soldan. 8 MS. SOLDAN: Yes, sir. So my Chief Deputy 9 is retiring. My part-time has agreed to take over the 10 position. She works 29 hours per week and so, really, 11 what I'm asking for is the additional 11 hours per week 12 for approximately four hours -- four weeks so that she 13 can do the job that she's hired to do now, but then 14 train with my retiring Chief Deputy. And the budget, 15 I've gone over it with the Auditor and my budget will 16 cover that additional time. 17 COMMISSIONER LETZ: I move for approval. 18 COMMISSIONER MOSER: Second. 19 COMMISSIONER HARRIS: Second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Letz, seconded by Commissioner Harris to 22 approve changing the current part-time position to a 23 full-time position to train with retiring employee as 24 presented. Any discussion? Those in favor raise your 25 hand. Unanimous, five zero. 137 1 MS. SOLDAN: Thank you. 2 JUDGE KELLY: Okay. We'll go to the 3 approval docket. 2.1 is pay the bills. 4 MRS. SHELTON: Good morning. Invoices for 5 today's consideration includes $176,607.58 for Kerr 6 County. $3,646.28 for adult probation. $1,275.10 for 7 the Airport. $10,358.94 for Juvenile Probation. The 8 District Clerk fees, $5,535.68. And County Clerk fees 9 of $157.38. 10 COMMISSIONER MOSER: Move we pay the bills 11 as presented by the Auditor. 12 COMMISSIONER BELEW: Second. 13 JUDGE KELLY: Motion's been made by 14 Commissioner Moser, seconded by Commissioner Belew to 15 pay the bills as presented. Any discussion? Those in 16 favor raise your hand. Five zero. 17 2.2 budget amendments. 18 MRS. SHELTON: There are not any. 19 JUDGE KELLY: 2.3 late bills. 20 MRS. SHELTON: Yes. We have $10,455.38 for 21 Kerr County. $273.93 for Adult Probation. $86.49 for 22 the Airport. And $22,500.00. For District Clerk fees. 23 COMMISSIONER HARRIS: I move for approval. 24 COMMISSIONER LETZ: Second. 25 JUDGE KELLY: Motion's been made by 138 1 Commissioner Harris, seconded by Commissioner Letz to 2 approve the late bills as presented. Any discussion? 3 Those in favor raise your hand. Unanimous, five zero. 4 Auditor reports. 5 MRS. SHELTON: There -- 6 JUDGE KELLY: Before you leave. I forgot to 7 mention when we were talking about tax notes. Part of 8 the tax notes that we have issued -- 9 MRS. SHELTON: The refunding bonds. 10 JUDGE KELLY: -- and they're the refunding 11 or the refinance of the certificates of obligation on 12 the Youth Event Center. And the report that I've asked 13 her to make that I forgot to mention is that that 14 refinance saved Kerr County, over the life of those 15 obligations, $611,000. 16 COMMISSIONER MOSER: Good deal. 17 MRS. SHELTON: It was really good. When 18 y'all initially approved, you know, refunding, we -- it 19 was set to be somewhere around 346,000. So we were 20 considerably more than that. So it was good. 21 JUDGE KELLY: That is a good report. 22 COMMISSIONER MOSER: Part of -- do we know 23 how we came out the end of last fiscal year? 24 MRS. SHELTON: We are still working on it. 25 COMMISSIONER MOSER: Okay. 139 1 MRS. SHELTON: We're down to the last few -- 2 every week I think, this is going to be it, and we find 3 a few more entries we need to make. 4 COMMISSIONER MOSER: Okay. 5 MRS. SHELTON: But we're still on target to 6 make it by the end of this year. 7 COMMISSIONER MOSER: Okay. Good. Thank 8 you. 9 JUDGE KELLY: Okay. 2.5 accept monthly 10 reports. 11 COMMISSIONER HARRIS: Yes. For November 12 2020, standard monthly report from Constable Precinct 1, 13 Tommy Rodriguez, Constable Precinct 2, Kyle Schneider, 14 and Constable Precinct 4, Gene Huffaker. Fines, 15 judgments, and jury fees collected, J.P. 1, Mitzi 16 French, J.P. 2, J. R. Hoyne, J.P. 3, Kathy Mitchell, 17 County Clerk, Jackie "JD" Dowdy, District Clerk, Dawn 18 Lantz, Animal Control Services, Director Reagan Givens, 19 Environmental Health OSSF Director, Ashli Badders, and 20 Continuing Education Transcript for Tax 21 Assessor/Collector Bob Reeves. I move for approval. 22 COMMISSIONER BELEW: Second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Harris and seconded by Commissioner Belew 25 to accept the monthly reports as presented. Any 140 1 discussion? Those in favor raise your hand. Unanimous, 2 five zero. 3 Court orders. 4 COMMISSIONER LETZ: The Court Orders from 5 our December 7th meeting, special session, 38471 through 6 38478. They all look to be in order. Move for 7 approval. 8 COMMISSIONER HARRIS: Second. 9 JUDGE KELLY: Motion's been made by 10 Commissioner Letz, seconded by Commissioner Harris to 11 approve the Court Orders as presented. Any discussion? 12 Those in favor raise your hand. Five zero. 13 Information agenda. 14 Status reports from Department Heads. 15 Shane. 16 MR. EVANS: Good morning, gentlemen. I'd 17 like to give you an update on our generator. It's up 18 and running, going a hundred percent now. So any 19 emergency power loss, the generator is going to come on. 20 So we did our final testing this Saturday. Everything 21 was golden. At that current time, the generator is 22 running at 50 percent, which you know that could change 23 if we -- during the day -- you know, like if it comes on 24 during the day and all the A/Cs are running so it would 25 move that percentage up. We're also going to start a 141 1 monthly routine, where we do a full load test. Similar 2 to what we do at the jail and also the juvenile 3 facility. Make sure everything works, runs when it's 4 supposed to. 5 And this is also an update on -- on Tuesdays 6 at eight o'clock or 8:00 a.m., the generator will come 7 on, exercise, not under load. It's just something to 8 keep the fluids moving and make sure that the unit stays 9 up and running. 10 COMMISSIONER MOSER: So you do that monthly? 11 Is that right? 12 MR. EVANS: Well, we do -- we would do a 13 full load test. 14 COMMISSIONER MOSER: Full load test monthly. 15 MR. EVANS: Monthly. And it -- it comes on 16 as exercises once a week. 17 COMMISSIONER MOSER: Okay. But full load 18 test, once a month? 19 MR. EVANS: Yes, sir. And I would 20 probably -- I would recommend that I do that at 7:30 in 21 the morning so I don't -- so I don't disrupt anybody's 22 work or anything. But what would happen if the 23 generator does come on during the day, if we have a 24 power loss, there's going to be a 20-second delay, where 25 there's no -- nothing works. And then the generator 142 1 will kick on and run for the duration until the load 2 comes down and everything is back to normal. And then 3 it would be another 20 second where the lights are off 4 and it goes back to the City power when it comes back 5 on. 6 COMMISSIONER MOSER: When you do a full load 7 test does that 20-second interruption happen? 8 MR. EVANS: Yes. Yes. 9 COMMISSIONER MOSER: So does that do 10 anything to computers? 11 MR. EVANS: That, I don't know. I 12 couldn't -- I wouldn't want to answer for IT. 13 COMMISSIONER MOSER: I think it would. 14 SHERIFF HIERHOLZER: The one thing I would 15 say that we had to do out at the Sheriff's office and 16 jail at ever full load test, is you had to actually go 17 unplug all the copy machines. Okay. We were -- we were 18 able to survive all right with the computers if they had 19 battery backups attached to them. But you don't have 20 that. Otherwise, they all need to be shutdown, and you 21 have to unplug -- for some reason, it messes with the -- 22 that break will mess with the programming of your copy 23 machines. So Shane is saying he wants to do it at 7:30 24 in the morning, I may not recommend -- it's easy for us 25 to run around or was and unplug all the copy machines. 143 1 I think you need a time to where you're department heads 2 can make sure -- 'cuz you got copy machines all over 3 this courthouse, to make sure that those get unplugged 4 and that everybody that doesn't have a battery backup to 5 their computer actually logs off and shuts down that 6 computer. 7 COMMISSIONER MOSER: Yeah, we need -- we 8 need to have a checklist before we do that, you know, 9 that full load test to make sure we got everything 10 isolated, turned off that needs to be or we're going to 11 screw something up. 12 SHERIFF HIERHOLZER: But it does need to run 13 full load test. I would recommend every month. 14 COMMISSIONER MOSER: Right. Right. 15 SHERIFF HIERHOLZER: We do them out there. 16 We have to. The only thing I'm surprised, and I don't 17 know if the electricity company can -- can work on that. 18 At the jail, it can only be off for ten seconds. Okay. 19 It requires everything on that switchover to be done 20 within ten seconds. 21 MR. EVANS: That was a Commission thing. 22 SHERIFF HIERHOLZER: That was -- it's 23 required by the State Jail Commissioner but it was able 24 to be done. And that really is a big difference. 25 Because you would be surprised how dark it gets in here 144 1 for 20 seconds. 2 COMMISSIONER MOSER: But ten -- ten seconds 3 is -- well, a lifetime as far as something that can't be 4 turned on and turned off if you lose power. 5 SHERIFF HIERHOLZER: Right. 6 COMMISSIONER MOSER: And maybe -- maybe 7 everything can. Okay. It doesn't bother my printers at 8 home if I lose power, you know, for whatever reason. It 9 comes back on okay. So you -- we need to check with 10 Bruce and find out what it would do. An interruption 11 like that. 12 COMMISSIONER BELEW: Can we not put USBs on 13 the computers also -- I mean on the copiers? 14 MR. EVANS: It's just money. The answer is 15 yes, it's just money. 16 COMMISSIONER BELEW: Well, you can plug in 17 more than one thing into one. 18 MR. MOTHERAL: It depends on how big they 19 are. Most of the desktops -- 20 COMMISSIONER BELEW: We're talking about 20 21 seconds. 22 MR. MOTHERAL: Yeah. 23 COMMISSIONER BELEW: So yeah, you can -- you 24 can plug a computer and the printer in. 25 MR. MOTHERAL: No, you don't ever plug a 145 1 printer into UPS. 2 COMMISSIONER BELEW: Well, that's what I'm 3 asking. 4 MR. MOTHERAL: Yeah, yeah, yeah. That -- 5 that will kill one. 6 COMMISSIONER BELEW: Okay. So I won't -- I 7 won't get into why that is. So you have to physically 8 unplug them? 9 MR. MOTHERAL: Yes. 10 COMMISSIONER LETZ: How many printers do we 11 have? 12 MR. MOTHERAL: At least one for every 13 department. 14 MRS. DOWDY: I have two in my office. 15 SHERIFF HIERHOLZER: And it's not just -- 16 it's not printer printer. It's the big copier machines. 17 MR. MOTHERAL: The regular printers can go 18 off and come back. 19 SHERIFF HIERHOLZER: No, they're fine. 20 COMMISSIONER MOSER: Yeah. So it's like the 21 one in -- 22 COMMISSIONER BELEW: The big collating guys 23 that are -- 24 MR. MOTHERAL: Yeah, like you've got back 25 here. 146 1 COMMISSIONER BELEW: It's because they're 2 computers. But I don't know why they wouldn't be able 3 to -- 4 MR. MOTHERAL: They just don't handle it 5 very well. 6 COMMISSIONER MOSER: Well, I think before 7 you do the full load test, I think we'll need to make a 8 survey and have a checklist what needs to be done. 9 MR. MOTHERAL: Okay. 10 COMMISSIONER MOSER: Yeah. 11 MR. EVANS: And then announce it by e-mail 12 the day before or something? 13 COMMISSIONER MOSER: First thing to do is 14 make sure you understand all the action that needs to be 15 taken before you do a full load test, and then follow 16 that list. 17 SHERIFF HIERHOLZER: And what I -- what I 18 would recommend, Bruce worked on, because -- and 19 something the security group we all tried to get to, to 20 where we can do a, kind of, all call over the current 21 phone system we have. You know, we were trying to make 22 that work. And they say they've got it worked but we 23 don't really have a way of trying it out. So I would 24 recommend just to make sure it always works, that at the 25 same time the day before or that day that you're getting 147 1 ready to do the test, announce over that all call system 2 that you're going to do that test and for the department 3 heads to unplug their copy machines. 4 COMMISSIONER BELEW: Now, if you're going 5 to -- 6 SHERIFF HIERHOLZER: That way you -- 7 COMMISSIONER BELEW: -- do it at 7:30 in the 8 morning -- 9 SHERIFF HIERHOLZER: -- do it in ten 10 minutes. 11 COMMISSIONER BELEW: -- they need to -- 12 SHERIFF HIERHOLZER: Part of your checklist. 13 COMMISSIONER BELEW: -- unplug them when 14 they leave the day before. And then when they get here 15 they can plug them up. 16 COMMISSIONER MOSER: All I'm saying is have 17 a checklist and before you do the full load test and 18 make sure everything's done. 19 SHERIFF HIERHOLZER: Some of that stuff you 20 can't do that way because some of it is e-mails and 21 faxes come through that copy machine. So, you know, if 22 they're getting faxes all night long at different times, 23 you can't unplug it and wait to plug it back in. 24 MRS. DOWDY: I have a quick question. How 25 soon would a department know when they can plug in the 148 1 copier again? I mean, you just -- 2 SHERIFF HIERHOLZER: As soon as the power 3 comes back on after that 10 or 20 second wait -- 4 MRS. DOWDY: Okay. 5 SHERIFF HIERHOLZER: -- then it's -- then 6 it's okay to bring them back on. 7 MR. MOTHERAL: Well, if the generator is 8 still on at that point. 9 SHERIFF HIERHOLZER: Yeah. Well, no. No, 10 the -- the second one. What you -- it's the second one. 11 The generator -- your power will go off, okay. And it 12 needs to be unplugged by that time. All right. And 13 then the power will come on 10 -- 10 or 20 seconds 14 later. And then after 20 minutes or whatever it runs, 15 all right, your power is going to go off again. And 16 then it's going to come back on. After it comes back on 17 that second time, you can plug everything back in. 18 COMMISSIONER MOSER: So let's not work it 19 here. Let -- let Bruce develop a list, what needs to be 20 done before you do the full load test. 21 MR. EVANS: Well, we got a whole month to go 22 anyhow. So -- 23 COMMISSIONER MOSER: And I'm not talking 24 about -- I'm just talking about the action. Have a 25 procedure. 149 1 COMMISSIONER LETZ: I agree with 2 Commissioner Moser on that. I think the other thing to 3 add to that list that y'all work on, is one of you two 4 needs to go to each department head and tell them which 5 printer specifically, not just say printers because that 6 means different things. 7 COMMISSIONER MOSER: Yeah, that's the reason 8 I said Bruce needs to -- I mean, list 38 printers that 9 we have around here that fall under this, whatever the 10 number is. Who's responsible, and who's going to know 11 that it's turned off before you do the full load test. 12 There you go. 13 COMMISSIONER BELEW: Well, just to get to 14 this point. Thank you, Sheriff. And thank you, Bruce. 15 Thank you, Shane. You guys cooperated to get us to this 16 point and to protect the County's records. 17 JUDGE KELLY: Shane, you thought this was 18 going to be a 30-second report, didn't you. 19 MR. EVANS: I thought so, I did. I guess 20 not. 21 COMMISSIONER HARRIS: But I'm not going to 22 let him escape. 23 JUDGE KELLY: Thank you for what you've 24 done. 25 COMMISSIONER HARRIS: While we still have 150 1 you here, Shane, will you kind of tell what the plans 2 are for our handicapped van parking? 3 MR. EVANS: Okay. Also working with the 4 Road & Bridge, they had a vendor come by and to redo 5 that handicapped parking spot, we can get it done as a 6 demo, which would mean it's free to -- for the van 7 parking to make sure it's -- we're ADA compliant. We'd 8 get the materials done for free and which it would 9 also -- myself and some representative from Road & 10 Bridge, we would watch this vendor apply this material, 11 and we'd also would then be able to do our own 12 handicapped parking and put our own parking stripes 13 down, you know, like in small parking areas but -- and 14 it's using a thermal plastic material which you -- when 15 you put it on the ground you use a burner, a heater, 16 whatever, pear burner-type equipment. And it -- and it 17 lasts about six sometimes longer than your normal paint 18 job. So -- and it also has a reflective material in it 19 so non-slip, reflective. Pretty good material so. 20 COMMISSIONER HARRIS: If not -- if 21 everybody's not aware of what happened, putting that 22 generator in encroached on our handicapped van parking, 23 and so that was the first -- next domino to -- that got 24 tripped. So that's the deal. 25 MR. EVANS: The good news is that part of it 151 1 would at least be free for that one -- one time. You 2 know, for a demo and wouldn't cost us anything. But -- 3 SHERIFF HIERHOLZER: Do they get to put an 4 advertising sign up there? 5 MR. EVANS: No. No. Well, it's kind of 6 like -- well, they're salesmen, they're also trying to 7 sell us their services also. So that's one of the 8 reasons why, you know, they would do the demo. But, you 9 know, after speaking with Road & Bridge, they're pretty 10 much on board with getting the material and the other 11 equipment needed to do that where we could do this 12 anywhere we wanted to or needed to. 13 I mean if I needed to put new, you know, 14 handicap parking zones at the jail, for instance, I 15 could do that. I wouldn't have to contract that out to 16 somebody else to do it. It would just cost me materials 17 and our labor. You know. And we would be done with it. 18 COMMISSIONER BELEW: No special applicators 19 or anything like that? 20 MR. EVANS: No. Well, just that -- just the 21 heat gun. 22 COMMISSIONER BELEW: Yeah. You'll find out. 23 And what about painting the generator? 24 MR. EVANS: That was -- I'm -- that's next 25 on my agenda. 152 1 COMMISSIONER BELEW: Not that it's not real 2 purdy. 3 SHERIFF HIERHOLZER: I like it. 4 COMMISSIONER BELEW: But it's not real 5 purdy. 6 MR. EVANS: I didn't want to have -- try to 7 have anybody paint it until we were done pulling the 8 panels off, you know, and doing everything. So I wanted 9 to wait until we got done with that. 10 COMMISSIONER BELEW: That makes sense. 11 COMMISSIONER MOSER: Put a big smiley face 12 on it. 13 COMMISSIONER BELEW: Put a picture of Rusty 14 on it. 15 SHERIFF HIERHOLZER: No. 16 COMMISSIONER BELEW: Retired Sheriff of the 17 year. 18 MR. EVANS: Bullet holes are coming. 19 SHERIFF HIERHOLZER: It would have bullet 20 holes all over it. 21 JUDGE KELLY: Kelly, what have you got? 22 MS. HOFFER: I just wanted to say on the 23 material that Shane is talking about, you wouldn't want 24 to do a whole entire parking lot that way. The City 25 uses it on their crosswalks. But to do a whole entire 153 1 parking lot, you'd probably want to have a parking lot 2 painter with a machine. 3 COMMISSIONER MOSER: Probably have to. 4 MS. HOFFER: But for small jobs, it's 5 really, really good. They've got some other materials 6 that I think Road & Bridge might be interested in. But 7 we gave back all of our striping money and so I had told 8 Shane, you know, I won't be having the stripers come 9 this budget year. So if it's something that needs to be 10 done now, which the answer was yes, I said this probably 11 could be an alternate and it will work perfect for this 12 type of project. 13 But I wanted to make sure y'all understood 14 that I wouldn't recommend filling in and doing -- or 15 thinking that Road & Bridge is going to start doing 16 their striping that way. It would take you forever 17 doing that. But it's real good if you've got little 18 places you need to redo. Or if we even have a base 19 failure section and we need to put striping back into 20 place, just, you know, a certain amount of feet, you 21 know, you can do that as a temporary fix. And get the 22 striper out there and put a fresh sealcoat on it. So it 23 has its place, but I wouldn't use it everywhere. So -- 24 JUDGE KELLY: Very good. Thank you, Shane. 25 MR. EVANS: You're welcome. 154 1 MS. HOFFER: I think we're going to hold off 2 on the bids. We've got way more than we expected. Most 3 of it is pretty cut and dry, but I think that the base 4 material is always kind of confusing. Everybody bids it 5 a little bit different and I would feel more comfortable 6 going back to the office and doing a tally sheet that I 7 could hand out to you and then come back to Court and 8 awarding them. 9 JUDGE KELLY: Okay. Very good. 10 COMMISSIONER MOSER: So you're going to wait 11 until the 28th? 12 MS. HOFFER: Whatever date y'all would like 13 for me to come back on. 14 COMMISSIONER LETZ: 28th. 15 COMMISSIONER MOSER: 28th. 16 COMMISSIONER LETZ: 28th. 17 MS. HOFFER: Okay. 18 JUDGE KELLY: I don't think we're going to 19 have much business that day. 20 MS. HOFFER: Yeah. If you guys do good with 21 the work and -- 22 COMMISSIONER LETZ: It's a quick -- yeah, 23 it's a quick one usually. I think at that point. 24 MS. HOFFER: Yeah. Okay. Thank you. 25 JUDGE KELLY: Item 3.2 status reports from 155 1 Elected Officials. 2 Okay. 3.3 status reports from Liaison 3 Commissioners. 4 COMMISSIONER MOSER: Something real quick. 5 On economic development, not to get into specifics, but 6 probably very soon there will be some economic 7 development announcements on Airport new businesses, 8 which could be really good. 9 And another thing is under the category of 10 economic development also, a potential new housing 11 development in Precinct 2 come forward before long I 12 think with that. So probably within the next few weeks, 13 see some really good things. That's it. 14 COMMISSIONER HARRIS: On Friday, I spoke 15 with Michael Haynes with Extension, and we think that 16 it's going to be more like March now for us getting an 17 agent. And I told him we weren't in any rush, if it -- 18 we want to get a good one. And he agreed. 19 JUDGE KELLY: And by the way, I -- you went 20 in person. I watched it and I think you watched it, 21 too. I learned more about feral hogs and coyotes from 22 the guy. 23 COMMISSIONER BELEW: That was the 24 interesting part of it. 25 JUDGE KELLY: And -- and the way he would 156 1 just say, well, you just kill 'em. Just kill 'em. Wow. 2 COMMISSIONER LETZ: A comment on -- I've 3 been talking with Jennifer a little bit about this and 4 we put in our budget merit pay. But we have never come 5 up with a policy or even discussed it since we put it in 6 the budget last August, July. It will be on our -- 7 this is -- you think about it over the holidays. It 8 will be on our January agenda, the second meeting of 9 January or the first, one of those two, to figure out if 10 we're going to do it what the process will be. So be 11 thinking about how to tackle this one. Because -- 12 COMMISSIONER BELEW: It's problematic. 13 COMMISSIONER MOSER: It's always 14 problematic. 15 COMMISSIONER LETZ: That's why I'm giving 16 you a month's notice. 17 COMMISSIONER BELEW: I don't think it's -- I 18 think it's something that should be completely scrapped. 19 COMMISSIONER MOSER: Well, we've got it in 20 the budget. 21 COMMISSIONER LETZ: Yeah. We'll discuss 22 it -- we'll discuss it on -- in January. I just wanted 23 to let everybody know. 24 COMMISSIONER MOSER: Yeah. Merry Christmas. 25 JUDGE KELLY: Any other reports? We have 157 1 nothing for Executive Session? 2 MRS. STEBBINS: No, sir. 3 JUDGE KELLY: So Court is adjourned and you 4 can go to lunch. 5 * * * * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 158 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 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Regular Commissioners' Court. 9 Dated this the 24th day of December, 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