1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, March 17, 2014 11 11:00 a.m. 12 District Courtroom #1 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X March 17, 2014 2 PAGE 3 1.1 Consider/discuss, take appropriate action to appoint County Judge and set salary 4 4 1.2 Consider/discuss, take appropriate action to 5 approve bond for the County Judge 4 6 --- Recess Court to swear in County Judge 5 7 1.3 Consider/discuss, take appropriate action to appoint County Attorney and set salary 5 8 1.4 Consider/discuss, take appropriate action to 9 approve bond for the County Attorney 7 10 --- Recess Court to swear in County Attorney 7 11 1.5 Consider/discuss, take appropriate action concerning demolition of existing Exhibit Hall 12 at the Hill Country Youth Event Center 8 13 1.6 Consider/discuss, take appropriate action to approve final plans and specifications for new 14 Exhibit Hall at the Hill Country Youth Event Center; authorize going out for bids 13 15 1.7 Consider/discuss, take appropriate action to 16 surplus four Sheriff’s Office vehicles and to authorize ordering five new vehicles 14 17 1.8 Consider/discuss, take appropriate action to 18 authorize security camera improvements as defined in Certificate of Obligation funding 17 19 1.9 Consider/discuss, take appropriate action 20 concerning scope of work revisions and related costs for Center Point Wastewater Project 18 21 1.10 Consider/discuss, take appropriate action 22 regarding Kerr County Center Point Wastewater system water conservation plan 25 23 --- Adjourned 27 24 25 3 1 On Monday, March 17, 2014, at 11:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 COMMISSIONER BALDWIN: Good morning, ladies and 8 gentlemen. Welcome to upstairs. This is where all the 9 brainpower is. Minus us. (Laughter.) This is the Kerr 10 County Commissioners Court. We're in a special meeting. It 11 is 11 a.m. Monday, March 17th, 2014. We're in the Kerr 12 County Courthouse, and all four Commissioners are in 13 attendance. And for you folks that are visitors or just 14 normally come to our meetings, we always open up with a word 15 of prayer and the pledge of allegiance, and we pass that duty 16 around the table, and it's now Commissioner Oehler's turn to 17 do that. 18 COMMISSIONER OEHLER: Will you please join me in a 19 word of prayer, followed by the pledge? 20 (Prayer and pledg of allegiance.) 21 COMMISSIONER BALDWIN: Thank you. You may be 22 seated. We normally at this time have comments from the 23 community; we're going to pass on that this morning because 24 of the agenda issues. And we normally have comments from the 25 Commissioners Court, and we're going to pass on that as well. 3-17-14 4 1 We're going to go straight into our agenda. Item 1.1; 2 consider, discuss, and take appropriate action to appoint the 3 County Judge and set the salary. Commissioner Letz? 4 COMMISSIONER LETZ: Yes. With great pleasure this 5 morning, I'd like to make a motion to appoint Tom Pollard as 6 County Judge, and set the salary as follows, which is 7 currently budgeted in County Judge. Salary from Kerr County 8 is 59,315. The supplement for handling mental health cases 9 is $13,744. State supplement of $15,000, a Juvenile Board 10 supplement of $1,200, for a total salary of $89,259. 11 COMMISSIONER BALDWIN: We have a motion. Is there 12 a second? 13 COMMISSIONER OEHLER: Second. 14 COMMISSIONER BALDWIN: Motion and second. Any 15 further discussion? All in favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 COMMISSIONER BALDWIN: Motion carries. Thank you. 18 Item Number 2; consider, discuss, take appropriate action to 19 approve the bond for the County Judge. Commissioner Baldwin. 20 That's me. Nevermind, y'all. (Laughter.) One of y'all, you 21 do that. I don't have the bonds. Who's got the bonds? 22 MS. PIEPER: They're right here. 23 COMMISSIONER BALDWIN: All right, the Kerr County 24 Clerk. Do you want it? 25 COMMISSIONER LETZ: I guess. 3-17-14 5 1 COMMISSIONER BALDWIN: We are approving the bond 2 for the County Judge. 3 COMMISSIONER LETZ: I'll make a motion that we 4 approve the bond for Tom Pollard from Western Surety Company. 5 COMMISSIONER MOSER: Second. 6 COMMISSIONER BALDWIN: We have a motion and a 7 second. Any discussion? All in favor, raise your right 8 hand. 9 (The motion carried by unanimous vote.) 10 COMMISSIONER BALDWIN: Motion carries. Thank you. 11 We'll recess the Commissioners Court for a special session 12 here, so Commissioners Court is now in recess. 13 (Commissioners Court was recessed at 11:09 a.m. and Judge Pollard was sworn in by Judge Williams; court 14 reconvened at 11:14 a.m.) 15 - - - - - - - - - - 16 JUDGE POLLARD: This thing's hot. 17 COMMISSIONER MOSER: So is the mic. 18 JUDGE POLLARD: All right. We'll next consider 19 Item 1.3; consider, discuss, and take appropriate action to 20 appoint County Attorney and set salary. That's Commissioner 21 Baldwin, and -- and that's Precinct 1, Commissioner Letz -- 22 no, Baldwin is Commissioner 1 and Letz is Commissioner 3. 23 COMMISSIONER BALDWIN: That's correct. I'd like to 24 make a motion, Judge, that we appoint -- who is the County 25 Attorney? (Laughter.) 3-17-14 6 1 JUDGE POLLARD: Heather Stebbins. 2 COMMISSIONER BALDWIN: Heather Stebbins. I was 3 just checking to see if you knew. Heather Stebbins as the 4 Kerr County Attorney. 5 COMMISSIONER LETZ: Second. 6 JUDGE POLLARD: All right, it's been moved and 7 seconded that Heather Stebbins be appointed Kerr County 8 Attorney. Is there any discussion? 9 COMMISSIONER LETZ: If I can make an amendment to 10 that, to include the -- to set the salary. The Kerr County 11 portion of that salary is $100,741. State supplement of 12 $35,546, for a total salary of $136,287. 13 JUDGE POLLARD: All right. There's an amendment on 14 the floor. That was your motion. Is there a second? 15 COMMISSIONER BALDWIN: Second. 16 JUDGE POLLARD: Second the amendment. All right. 17 On the amendment, all those in favor, raise your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE POLLARD: It is unanimous. Now, on the 20 motion as amended, is there any discussion? There being 21 none, those in favor of it, raise your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE POLLARD: It's unanimous, and passes. All 24 right. Congratulations, Heather. 25 MS. STEBBINS: Thank you very much. (Applause.) 3-17-14 7 1 JUDGE POLLARD: Now, we're going to 1.4, which is 2 consider, discuss, and take appropriate action to approve the 3 bond for the County Attorney. Commissioner Baldwin? 4 COMMISSIONER BALDWIN: Yes, sir. Do we have a bond 5 for the County Attorney? 6 JUDGE POLLARD: Right here. 7 COMMISSIONER BALDWIN: We have it right here. All 8 right. I have it, Judge. And -- 9 JUDGE POLLARD: Okay. Do you move for approval of 10 it? 11 COMMISSIONER BALDWIN: I do so. 12 JUDGE POLLARD: Is there a second? 13 COMMISSIONER MOSER: I second. 14 JUDGE POLLARD: Commissioner Moser seconds. Then 15 it's been moved and seconded. Any discussion on that motion? 16 There being none, those in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE POLLARD: It is unanimous, and that passes. 19 All right. Now, now we've got to recess to swear in the 20 County Attorney. 21 (Commissioners Court was recessed at 11:17 a.m. and Ms. Stebbins was sworn in by Judge Williams; court 22 reconvened at 11:21 a.m.) 23 - - - - - - - - - - 24 JUDGE POLLARD: Okay. Now, that having been 25 accomplished, Commissioners Court is back in session. We'll 3-17-14 8 1 now consider 1.5; consider, discuss, and take appropriate 2 action concerning the demolition of the existing exhibit hall 3 at the Hill Country Youth Exhibit Center. Commissioners Letz 4 and Oehler. 5 COMMISSIONER LETZ: Well, it's on the agenda 6 because at the last meeting, we kind of discussed where we 7 were going to be on the demolition of the -- where we were 8 going to be on the demolition of the exhibit hall. And we 9 put it back on the agenda if we were going to go ahead and 10 authorize the Road and Bridge Department to begin with that. 11 We did ask our Maintenance Department to come up with some 12 estimates. And, Tim, do you have those estimates for us? 13 COMMISSIONER OEHLER: The only one that I have is 14 for -- we had one from Airtech, which is to remove the 15 heating and air conditioning systems that are roof-mounted 16 now in the old exhibit hall. Those will be reused. But to 17 get them off and store them, that price is $1,700. And the 18 other thing, D.W. Electric will do the disconnect of all the 19 electrical service for $700. And Kelly was putting together 20 a cost estimate for Road and Bridge to do the demo for their 21 part of it, and -- is that what this is? Looks like $13,350 22 is the estimated cost. And that's kind of based on what we 23 did last time when we tore down the old hog barn. This is 24 half the size of that building, and it's going to be much 25 easier to take down than we had for the first one. But also, 3-17-14 9 1 everything that is shown here, the cost, there will be a -- 2 we will recycle and sell all the steel out of that to recycle 3 where we'll get a check for that. And so last time, we made 4 money; made $9,000 on the total cost. We had to rent an 5 excavator, and Road and Bridge is getting reimbursed their 6 fuel cost and that sort of thing for the time they use county 7 equipment. But anyway, I -- I project that this probably 8 will be a -- be a wash in the end. If there is any cost over 9 and above, it will be very minor, since we're going to do the 10 demo ourselves. Road and Bridge will do it; I'll help them. 11 And, you know -- you now, this is a much better way to do it, 12 because otherwise it would probably cost us anywhere between 13 $70,000 and $100,000 to get it done by a contractor. 14 COMMISSIONER BALDWIN: Commissioner Oehler, what 15 was the first one before Dealers Electric? 16 COMMISSIONER OEHLER: It was 1,700; that was 17 Airtech. 18 COMMISSIONER BALDWIN: Oh, yeah. 19 COMMISSIONER OEHLER: To remove the A/C units and 20 store them. 21 COMMISSIONER BALDWIN: Thank you. 22 COMMISSIONER LETZ: And it's on the agenda. We're 23 under a -- under our schedule, it's relatively short. We -- 24 the idea is to have this -- the new building built by next -- 25 end of the year, so it's ready to use for the next stock 3-17-14 10 1 show, since it will probably be a problem if we don't have a 2 building next year at the stock show. So, anyway, we're 3 trying to move it along. And I'll make a motion to proceed 4 with demolition based on the numbers we have here, and 5 authorize the Maintenance Department and Road and Bridge 6 Department to start work. 7 COMMISSIONER OEHLER: Second. 8 JUDGE POLLARD: It's been moved and seconded to -- 9 for approval of the figures that have just been gone over, 10 and let's review those again. That was Airtech, 1,700; D.W. 11 Electric, $700; and Road and Bridge is $13,350. And 12 here's -- that's the D.W. estimate, and there's the Airtech. 13 That's a total of around -- around $15,000. All right. Is 14 there any discussion? Yes, sir? 15 COMMISSIONER MOSER: Let me borrow your mic. I've 16 said it before, and I want to say it again, though, that 17 regarding the demolition, at this time I think it's not a 18 good idea, because the need for the size of the facility has 19 not been established. I think everybody on the Court would 20 agree that that exhibit hall does need to be improved. If 21 the current size is adequate, we can determine what that cost 22 would be. It's been estimated about $700,000 to renovate 23 what's there, rather than demolish it. The -- I think the 24 thing if -- if we did delay it, we'll have a study going on 25 by Schreiner University that would identify quantitatively 3-17-14 11 1 what size it should be and how we should proceed, and if it 2 comes out that the current size is correct, then that'll save 3 the taxpayers a lot of money. I think we have that money 4 possibly in the budget from a previous C.O. So, I think 5 that's something that we should consider before we demolish 6 the existing facility. 7 COMMISSIONER LETZ: I'll just make -- Judge, make a 8 comment; that, you know, this has been -- project has been 9 studied numerous times. The Court has voted to go forward 10 with it. The next agenda item will be to address the plans 11 that this Court authorized to have developed for that 12 building, and to go back at this point and start revisiting 13 it again is nonproductive and a waste of taxpayers' money, 14 and I think we need to move forward with the project. 15 JUDGE POLLARD: Is there any further discussion? 16 COMMISSIONER MOSER: Yeah. I would say the 17 potential savings is probably in the neighborhood of two 18 million dollars if we do not have to tear down the building 19 and build a facility that's twice as large. So, I think 20 there's been studies that looked at the plans, but not 21 studies that looked at the needs, so that's what I take issue 22 with. And I think that -- that, you know, some of the needs 23 may have been looked at five or ten years ago. Needs change, 24 so what's underway right now at Schreiner University I think 25 would update that and provide us with the right visibility 3-17-14 12 1 and what we need. So, that's all I have to add. 2 JUDGE POLLARD: Comments? 3 COMMISSIONER BALDWIN: Yes, sir. Commissioner 2, 4 what if -- what if your study was -- Schreiner comes back and 5 they recommend to demolish? 6 COMMISSIONER MOSER: Then I think we should move 7 forward with -- I think what they'll come back with and say 8 is, "This is the size facility I think you need." And if it 9 says that in May, then yeah, you're three or four months 10 behind. So, the -- it looks like the impact would be for 11 what it would do to the next year's show -- livestock show, 12 and it could be -- you know, it could impact that. Can you 13 accommodate that with a tent or something? Yeah, you could 14 if you start to demolish. So, I think that would be the 15 impact. 16 COMMISSIONER LETZ: And I don't want to get in a 17 debate with Commissioner 3 -- 2 on this; we've discussed this 18 on the Court back and forth several times. But the issue -- 19 I mean, one, you mentioned that there's -- it could be redone 20 for $700,000. That's an estimate that you've come up with, 21 and the Court has seen no evidence that that is an accurate 22 number. I don't believe it is an accurate number. And we 23 looked at this -- at your idea a year ago and got more input, 24 and did make quite a few plan revisions at that time. We 25 went to various -- the Chamber of Commerce, E.I.C., various 3-17-14 13 1 groups, Convention and Visitors Bureau, and we did modify the 2 plan based on this input. And that -- you know, at some 3 point, I just feel we just need to move forward on it. I 4 think the need has been established. 5 COMMISSIONER MOSER: Okay. 6 JUDGE POLLARD: Any further discussion on the 7 motion? Having been a motion made and seconded, those in 8 favor, raise your right hand. 9 (Commissioners Baldwin, Letz, and Oehler voted in favor of the motion.) 10 JUDGE POLLARD: Those opposed? 11 (Commissioner Moser voted against the motion.) 12 13 JUDGE POLLARD: All right. The vote was three in 14 favor and one opposed, with Commissioner -- with Commissioner 15 Moser opposing. The motion passes. We'll now consider 1.6; 16 consider, discuss, and take appropriate action to approve the 17 final plans and specifications for the new Exhibit Hall at 18 Hill Country Youth Exhibit Center and authorize going out for 19 bids. Commissioner Letz? 20 COMMISSIONER LETZ: Yeah. I put this on the agenda 21 based on not being sure of exactly when we were going to get 22 the plans and the specifications submitted by our architect, 23 Peter Lewis. Based on the fact that we received those this 24 morning, I think that this will put the Court on notice. We 25 will leave these plans down in the Commissioners' office for 3-17-14 14 1 the rest of the Court to take a look at them, and 2 specifications, and I plan to put this on next Monday's 3 agenda. 4 JUDGE POLLARD: So there's no action to be taken on 5 this at this time? 6 COMMISSIONER LETZ: No action at this time. 7 JUDGE POLLARD: All right. Any further discussion 8 on that -- that item? There being none, we'll proceed to 9 Item 1.7; consider, discuss, and take appropriate action to 10 surplus four Sheriff's Office vehicles and to authorize 11 ordering five new vehicles. Sheriff Hierholzer? 12 SHERIFF HIERHOLZER: Thank you, Your Honor. All 13 this is already in the budget. The four vehicles we're 14 surplussing, you can see what the mileage and the extent is. 15 These vehicles have already been taken off of patrol about a 16 year ago. They're vehicles that get funneled down to 17 warrants, civil, that type of stuff, so it's time now to go 18 ahead and trade those in on the new vehicles that are in the 19 budget. So, what I'm asking for is to do that. The four 20 vehicles we're trading, the one with the least number of 21 miles is 104,000 miles. The one with the most is 115,000 22 miles. The cost of the new vehicles -- five new vehicles, 23 equipped, would be $213,580; trade-in amount of 29,500 for 24 the four, giving us a total of $184,080 coming out of the 25 budgeted funds. 3-17-14 15 1 COMMISSIONER MOSER: Question. Question. What has 2 been historically the mileage at which you change vehicles, 3 get rid of them? These are about 100,000, and by today's 4 standards, that's not a lot of mileage on a vehicle. 5 SHERIFF HIERHOLZER: Well, I try and get the 6 vehicles -- used to, D.P.S. and most other agencies with a 7 patrol vehicle, one that has to be able to maintain high 8 speeds, being pursuits and that type of maneuverability, and 9 because of that, D.P.S. used to have a standard of 75,000. 10 Everybody has gone up to about 100,000 because of what you're 11 talking about. I promised this Court -- I told the Court 12 when I first took office that all new vehicles we buy will be 13 patrol vehicles, okay? So, what we're doing is replacing 14 four and putting four other ones that will be shifted down to 15 warrants and civil that are right at and getting close to 16 that 100,000 mile mark, and putting new ones on the road. 17 COMMISSIONER MOSER: Okay. So, that is kind of a 18 standard within the profession, or in law enforcement, 19 somewhere in the 100,000 or less? 20 SHERIFF HIERHOLZER: Used to be less. Now, I would 21 imagine -- I don't check with other agencies. We have found 22 out, maintenance-wise anyway -- we keep all our maintenance 23 records -- that, yes, 100,000 miles, you want to get that out 24 of the pursuit type vehicle. That's just too high mileage to 25 put those officers in that type of danger. 3-17-14 16 1 COMMISSIONER MOSER: One other question, if I may. 2 The trade-in is $5,000 to $8,000, as I looked at the list. 3 SHERIFF HIERHOLZER: Correct. 4 COMMISSIONER MOSER: Is that the -- as opposed to 5 selling them? 'Cause usually trade-ins are a lot less than 6 what you can sell a vehicle for. 7 SHERIFF HIERHOLZER: We actually find that we get 8 better on the trade-ins of these vehicles than we have been 9 on putting them on, like, GovDeals and that, because they are 10 high-speed pursuit vehicles. 11 COMMISSIONER MOSER: Okay. All right, thank you. 12 COMMISSIONER BALDWIN: Judge, I'd like to make a 13 motion, please. 14 JUDGE POLLARD: All right. 15 COMMISSIONER BALDWIN: I move that we approve Item 16 1.7 as written. 17 COMMISSIONER OEHLER: Second. 18 JUDGE POLLARD: All right. Having been moved and 19 seconded that we approve Item 1.7 as presented, is there any 20 further discussion? 21 COMMISSIONER LETZ: Question, if I could, Sheriff. 22 SHERIFF HIERHOLZER: Yes? 23 COMMISSIONER LETZ: The vehicles that you're 24 surplussing, what's the mileage of those vehicles? 25 SHERIFF HIERHOLZER: Anywhere from 104,000 to 3-17-14 17 1 115,000. 2 COMMISSIONER LETZ: Okay, thank you. 3 SHERIFF HIERHOLZER: Those are the four we're 4 trading in. 5 COMMISSIONER LETZ: Okay. 6 JUDGE POLLARD: Sheriff, just one additional 7 question. I assume, since you've kept maintenance records on 8 them, that all those four vehicles, you have a record that 9 their maintenance is getting higher on those? 10 SHERIFF HIERHOLZER: Yes. 11 JUDGE POLLARD: Okay. All right. Any further 12 discussion on that motion? There being none, those in favor 13 of the motion, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE POLLARD: Those opposed, like sign? At 16 four-zero is the vote, and it passes. 1.8 is consider, 17 discuss, and take appropriate action to authorize security 18 camera improvements as defined in the certificate of 19 obligation funding. You're up again, Sheriff. 20 SHERIFF HIERHOLZER: Thank you, Your Honor. This 21 has already been budgeted in this newest C.O. that has been 22 authorized. It comes to about $85,200, and I am requesting 23 to make the improvements that have already been talked about. 24 JUDGE POLLARD: Okay. 25 COMMISSIONER LETZ: Move approval. 3-17-14 18 1 COMMISSIONER OEHLER: Second. 2 JUDGE POLLARD: It's been moved and seconded. Is 3 there any discussion about that motion? There being none, 4 those in favor, raise your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE POLLARD: Four-zero. It passes. 7 SHERIFF HIERHOLZER: Thank you, Your Honor. 8 JUDGE POLLARD: Mm-hmm. 1.9; consider, discuss, 9 and take appropriate action concerning scope of work 10 revisions and related costs for Center Point Wastewater 11 project. This is Commissioners Moser and Letz. 12 COMMISSIONER MOSER: Thank you, Judge. Can I 13 borrow your mic? 14 JUDGE POLLARD: Sure. 15 COMMISSIONER MOSER: This was on the agenda at the 16 last Commissioners Court, and I bring it back and request 17 that funding for additional engineering, change of scope if 18 it's necessary for the Center Point Wastewater project. And 19 specifically what this is -- and I think Commissioner Letz 20 enumerated this last meeting, but I'll do it again -- is -- 21 is as we look at the flow from Center Point east to the 22 wastewater treatment facility in Kendall County, is that in 23 following what the T.C.E.Q. requirements are, they have to 24 look at the surge. I think a factor of four was predicted, 25 and the facility will not handle that surge, so there has to 3-17-14 19 1 be a retaining pond built there, and this is to provide the 2 engineering to define what the retaining ponds would be. 3 It's in the neighborhood of $100,000-plus, but we're taking 4 money out of contingency that we have in the project. So, 5 the -- the $65,000 that we need to come up with is in the 6 operating budget, I'm told by the Auditor. So, I move that 7 we approve this change of scope for the engineering of Center 8 Point Wastewater Treatment Facility for the engineering to 9 accommodate the additional requirements for the -- the waste 10 treatment facility in Comfort. 11 COMMISSIONER LETZ: Second. 12 JUDGE POLLARD: It's been moved and seconded that 13 the additional cost of $65,000 be approved for -- pursuant to 14 the language in Item 1.9 on the agenda. Is there any further 15 discussion on that? 16 COMMISSIONER BALDWIN: Question. 17 JUDGE POLLARD: Yes, sir? 18 COMMISSIONER BALDWIN: Has anything changed since 19 the last meeting? 20 COMMISSIONER MOSER: No. No. 21 COMMISSIONER BALDWIN: Nothing has changed? 22 COMMISSIONER MOSER: Nothing has changed, except 23 that the question, I think, was where would the funds come 24 from. 25 COMMISSIONER BALDWIN: Mm-hmm. 3-17-14 20 1 COMMISSIONER MOSER: And so that's been a change. 2 COMMISSIONER BALDWIN: Tell me -- tell me where the 3 funds are going to come from. 4 COMMISSIONER MOSER: From the current operating 5 budget. The Auditor can address this if she'd like to. 6 COMMISSIONER BALDWIN: From the Kerr County budget? 7 COMMISSIONER MOSER: Yes, that's correct. 8 COMMISSIONER BALDWIN: So, the first thing that 9 pops in my mind, is it legal to spend Kerr County taxpayers' 10 money in another county? County Attorney? 11 MS. STEBBINS: I don't know the answer to that. 12 COMMISSIONER BALDWIN: Oh, not really. 13 MS. STEBBINS: But I sure can find it. 14 COMMISSIONER BALDWIN: You know, that's just a 15 question that pops up in my mind. And this is -- this is not 16 an issue that was discussed in building the county budget for 17 the year. In other words, it's not a budgeted item, and I 18 can't support it unless it's a budgeted item. 19 COMMISSIONER LETZ: I'll make -- 20 COMMISSIONER MOSER: Well, I think one thing I'd 21 add to that, there is engineering work that goes on in this 22 entire project from Center Point all the way to the 23 wastewater treatment facility in Comfort. There's already 24 engineering work being done there, so this is just a -- this 25 is just a change in scope of some of the work that's already 3-17-14 21 1 planned. 2 COMMISSIONER LETZ: The -- I don't know that I can 3 answer your first question, Commissioner, about the spending 4 funds in another county, but I will say that under the grant, 5 or the project under the grant -- the grant and loan 6 agreements would also reiterate this -- that Kerr County is 7 responsible for any upgrades to the Kendall W.C.I.D. No. 1's 8 facility. So, based on that, I have to make the presumption 9 that, yes, the expenditure would be legal, 'cause we're 10 doing -- building lines through Comfort or across the county 11 line to connect to the sewer plant. On the issue on where 12 the funds are coming from, I would like a little more 13 clarification on that from the Auditor. This is coming out 14 of what line item in this year's budget? Or is it coming out 15 of reserves? 16 MS. HARGIS: Coming out of different line items. 17 COMMISSIONER LETZ: Coming out of different line 18 items out of the budget, as -- 19 MS. HARGIS: I can't take it out of reserves. We 20 didn't budget it in reserves. 21 COMMISSIONER BALDWIN: Didn't budget it in the 22 general fund, either. So, are you -- are you prepared to 23 tell us what lines -- plural, "lines" -- that a group of 24 money's coming out of right now? 25 MS. HARGIS: No, sir, I'm not. 3-17-14 22 1 COMMISSIONER BALDWIN: So, we can't do this right 2 now until we know those things. 3 COMMISSIONER LETZ: I guess my question would be, 4 why could we not, if the Court chooses, anyway, to declare an 5 emergency? This is an unexpected expenditure that we 6 couldn't budget for because we weren't aware that this was 7 going to take place. Take it out of reserve funds. The net 8 effect is going to be the same, rather than taking it out of 9 various line items during the year. You know, we won't take 10 the money out of line items; that money will go back into the 11 reserves at the end of the year. 12 MS. HARGIS: I have to check and see the definition 13 of what we can do under an emergency, since we've not had 14 one. 15 COMMISSIONER LETZ: Okay. 16 COMMISSIONER OEHLER: Do we want to put this on 17 hold till Monday? 18 COMMISSIONER MOSER: Yeah. 19 COMMISSIONER LETZ: Yes. I think -- I think this 20 is a very important project for the entire community, and we 21 need to proceed with it, but I agree that we need to make 22 sure where the funds are coming from in the budget. So, I 23 have no -- 24 COMMISSIONER MOSER: I agree with that. So, we'll 25 just table this until next Commissioners Court. 3-17-14 23 1 JUDGE POLLARD: Is there a motion to table it, 2 then? 3 COMMISSIONER MOSER: Yes, I'll so move. 4 COMMISSIONER LETZ: Second. 5 JUDGE POLLARD: All those in favor of that motion, 6 raise your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE POLLARD: Unanimous. It passes. 9 COMMISSIONER BALDWIN: Judge, I'd just like to make 10 a statement, that we have all been in favor of this program 11 of getting Center Point off of septic tanks and get them 12 in -- into a system much like what we've been doing at 13 Kerrville South, between Commissioner 2 and myself. It's 14 fantastic. It may be -- other than finding you to run for 15 County Judge, it may be the -- the biggest thing this 16 county's ever done, is take a community off of septic tanks 17 and -- and quit dumping in the river, and do it in the proper 18 way. I'm all -- all in favor of doing that, but I'm also in 19 favor of doing it in the right way. And, you know, 20 unbudgeted funds and those kinds of things, you don't come 21 along and build a budget and designate money for different 22 things, and then all of a sudden, something pops up and you 23 go -- you go pay for it with that. So, it's just something 24 that -- I'm not saying that I'm going to be totally against 25 it, but I just think that we need to be very, very careful 3-17-14 24 1 with that -- with that kind of spending. That's all. Thank 2 you for the time. 3 JUDGE POLLARD: I think those are very valid 4 reasons. I also think this is a pretty serious question 5 about spending money in another county, too. Has Kendall 6 County offered any assistance? 7 COMMISSIONER LETZ: The agreement is that the -- 8 Kerr County will absorb any of the costs required to upgrade 9 that facility. And that was -- and that's in the grant 10 applications and, you know, the planning documents that we've 11 prepared for Water Development Board; that was part of that 12 program. 13 JUDGE POLLARD: Well, Heather, I think it's an 14 important issue -- 15 MS. STEBBINS: Okay. 16 JUDGE POLLARD: -- to talk about spending money in 17 another county. I think we need the answer to that, too. 18 MS. STEBBINS: Okay. 19 JUDGE POLLARD: So I'm in favor of tabling it, too. 20 COMMISSIONER LETZ: Judge, and there will be an 21 interlocal agreement with -- between Kerr County and W C.I.D. 22 for the treatment of the effluent. 23 JUDGE POLLARD: Okay. All right. So, we're 24 tabling this till -- for further -- 25 COMMISSIONER MOSER: Till next Monday. 3-17-14 25 1 JUDGE POLLARD: -- information; is that correct? 2 Both from the County Auditor and the County Attorney. All 3 right. Those in favor of tabling it, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE POLLARD: All right. It's unanimous, 6 four-zero. Item Number 1.10, which is the last item on the 7 agenda; consider, discuss, and take appropriate action 8 regarding Kerr County Center Point Wastewater system water 9 conservation plan. Commissioner Moser. That's pretty much 10 the same thing, isn't it? 11 COMMISSIONER MOSER: No. 12 COMMISSIONER LETZ: No. 13 COMMISSIONER MOSER: As part of the project from 14 Texas Water Development Board, there's required to be a water 15 conservation plan. So, what I have here is a copy for 16 everyone of the proposed plan. It basically is to provide 17 education to the public on the importance of water -- water 18 conservation, and that's a part of the plan. The other part 19 of the plan is -- is that the effluent water which is derived 20 from this, which I don't remember the exact amount, quarter 21 of a million gallons a day or something like that, will be 22 used for effluent water and sold, okay, for golf courses or 23 whatever, but precluding taking fresh water out of the river 24 or out of the aquifer for purposes like that. This plan is 25 required. I think it has to be submitted by about mid-April. 3-17-14 26 1 So, I submit this, and I'll make a proposal that we accept 2 the water conservation plan as presented here to -- and let 3 the engineering company submit this as part of our project. 4 COMMISSIONER LETZ: Second. 5 JUDGE POLLARD: It's been moved and seconded 6 pursuant to the language of Item 1.10 of the agenda. Is 7 there any further discussion? 8 COMMISSIONER BALDWIN: I've got a question. This 9 -- this is the plan that you just now handed me? 10 COMMISSIONER MOSER: Yes. Yes. 11 COMMISSIONER BALDWIN: Could I have a little while 12 to read this thing? I mean, if I'm going to vote for it, I'm 13 going to have to vote no. If you -- if you'll bring it back 14 Monday, I'll be happy to look it over and -- 15 COMMISSIONER MOSER: We can do that. 16 COMMISSIONER BALDWIN: I'm not going to vote on it 17 right now. 18 COMMISSIONER MOSER: We can do that. 19 JUDGE POLLARD: So, now, are we voting to table 20 that until Monday? 21 COMMISSIONER MOSER: Yeah, I think what we'll just 22 do is pass on it. 23 JUDGE POLLARD: Pass on that. Is there anything 24 else? Any comments from the public or anybody else out here, 25 employees or whatever? There being none, Commissioners Court 3-17-14 27 1 session is closed. 2 (Commissioners Court adjourned at 11:44 a.m.) 3 - - - - - - - - - - 4 5 6 STATE OF TEXAS | 7 COUNTY OF KERR | 8 The above and foregoing is a true and complete 9 transcription of my stenotype notes taken in my capacity as 10 official reporter for the Commissioners Court of Kerr County, 11 Texas, at the time and place heretofore set forth. 12 DATED at Kerrville, Texas, this 19th day of March, 2014. 13 14 JANNETT PIEPER, Kerr County Clerk 15 BY: _________________________________ 16 Kathy Banik, Deputy County Clerk Certified Shorthand Reporter 17 18 19 20 21 22 23 24 25 3-17-14