1 1 2 3 4 5 6 KERR COUNTY COMMISSIONERS' COURT 7 Regular Session 8 Monday, February 22, 2016 9 9:00 a.m. 10 Commissioners' Courtroom 11 Kerr County Courthouse 12 Kerrville, Texas 78028 13 14 15 16 17 18 19 20 21 22 23 PRESENT: H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 TOM MOSER, Commissioner Pct. 2 24 JONATHAN LETZ, Commissioner Pct. 3 BOB REEVES, Commissioner Pct. 4 25 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Visitor's Input 5 4 *** Commissioners' Comments 7 5 1.1 Consider, discuss and take appropriate 13 action to approve financing agreement 6 between Kerr County and the Texas Water Development Board (TWDB) from the Economically 7 Distressed Areas Program (EDAP) Account of the TWDB as per TWDB Resolution No. 15-150, 8 Commissioner Letz. 9 1.2 Consider, discuss and take appropriate 15 action for the Court to accept the 10 Preliminary Revision of plat for lot 35 and part of Recreational Area Lot of the 11 Tierra Vista Estates Subdivision and set a public hearing, Volume 4, Page 94, 12 Precinct 1. 13 1.3 Consider, discuss and take appropriate 17 action for the Court to Accept the 14 preliminary revision of plat for lots 4-A and 4-B of Sheppard Hills Estates 15 and set a public hearing, volume 7, page 38, Precinct 1. 16 1.4 Consider, discuss and take appropriate 18 17 action to review and approve 'Construction Documents' (drawings and project manuals) 18 for the Kerr County Jail expansion, as prepared by DRG Architects, LLC, and 19 authorize Construction Manager at Risk (Huser) to solicit sub-trade pricing for 20 the cost of work. Sheriff Hierholzer. 21 1.5 Consider, discuss and take appropriate 32 action to appoint Chana Johnson as a member 22 of the Kerr County Child Services Board. 23 1.6 Consider, discuss and take appropriate 32 action to revise Resolution Authorizing 24 Signatories for Texas Community Development Block Grant (TxCDBG) #7215045 25 (Court Order #35453). 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 34 action to approve the start-up forms for 4 the Center Point/East Kerr County Wastewater Project, and allow County 5 Judge to sign same; Grant #7215045. 6 1.8 Consider, discuss and take appropriate 35 action to approve Amendment No. 1 to 7 the contract with Texas Department of Agriculture for Texas Community 8 Development Block Grant Project 7214025, Kerrville South Wastewater Project, 9 Phase VI, Pct. 1 and 2. 10 1.9 Consider, discuss and take appropriate 36 action on reimbursement program offered 11 by the Texas Association of Counties (TAC). Rollie Ford. 12 1.10 Consider, discuss and take appropriate 42 13 action to appoint/reappoint members to the Emergency Services District #1 (ESD #1) 14 Board. (Passed) 15 1.11 Consider, discuss and take appropriate 42 action regarding letter received from the 16 Association of Rural Communities in Texas (ARCIT) regarding Senate Bill 182 which 17 addresses the Rollback Rate. (Passed) 18 4.1 Pay bills. 43 19 4.2 Budget Amendments. 43 20 4.3 Late bills. 43 21 4.4 Approve and accept Monthly Reports. 44 22 5.1 Reports from Commissioners/Liaison 44 Committee Assignments as per attachment. 23 5.2 Reports from Elected Officials/Department 45 24 Heads. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 5.3 Reports from Boards, Commissions and 45 Committees. 4 a). City/County Joint Projects or Operations Reports 5 b). Other 6 1.12 Consider, discuss and take appropriate 45 action regarding allowing Christmas 7 Lighting Corporation to use recycling center for storage. (Kyle Bond) 8 1.6 Consider, discuss and take appropriate 49 9 action to revise Resolution Authorizing Signatories for Texas Community Development 10 Block Grant (TxCDBG) #7215045 (Court Order #35453). 11 1.14 Consider, discuss and take appropriate 53 12 action regarding possible sale of real property. 13 *** Adjourned 56 14 *** Reporter's Certificate 57 15 16 17 18 19 20 21 22 23 24 25 5 1 COMMISSIONER BALDWIN: Well, good morning. 2 This is Kerr County Commissioners' Court, it is 9 a.m. 3 February the 22nd. We're in the Kerr County Courthouse 4 in the commissioners' courtroom, and our first item of 5 business is our prayer and the pledge. And I think 6 Commissioner Letz is in charge of that. 7 (Commissioner Letz led us in prayer, and the 8 pledge of allegiance was had.) 9 COMMISSIONER BALDWIN: Our next segment is 10 visitors' input. If anyone, Mr. Hurt, if anyone that 11 has something they want to bring to Commissioners' 12 Court, we ask you to come forward, and if it's a non 13 agenda item. If it's an agenda item, we ask you to fill 14 out one of these forms at the back of the room so we can 15 keep up with what we're doing here. 16 So if anyone just has some information they 17 need to bring to the commissioners, please come to the 18 podium at this time. Identify yourself with your name 19 and address, please. 20 MR. HURT: Robbie Hurt, Mountain Home, 245 21 Henry Priour. I just want -- it was mentioned about the 22 price of CT scans and MRI's at the last meeting. And I 23 wanted to bring something to your attention by way of 24 metaphor. Years ago we had a baby in Kerrville and paid 25 a certain price, and had one in San Antonio, and noticed 6 1 that it cost a fortune down there as opposed to here. 2 And they gave all the itemized bills and so I took them 3 over to the hospital to say that did we get taken here, 4 and what I found was that there was a study done and 5 Peterson hospital was the second cheapest hospital in 6 the nation, and they had very clear itemized things, and 7 it cost ten times here and five times more for this 8 item. 9 And anyway a few years ago we had a -- I 10 can't remember if it was an MRI or CT scan, and it cost 11 a lot of money, and somebody told us well you can get 12 them done for 500 dollars at Boerne or San Antonio. And 13 I thought I blamed it on the chaos that created by the 14 affordable care act, Obama care, whatever you want to 15 call it, and I was somewhat sympathetic. Well, I'm 16 hearing that it's still the same, and we'd paid I 17 remember it was five or six times more than what 500 18 dollars was. 19 And so anyway, I thought maybe y'all could 20 bring someone in. I think the press is under pressure, 21 the medical community does a lot of advertising with 22 them. If you could bring someone in and ask them. I 23 made some calls, and it was him haw, I couldn't -- you 24 know, nobody wanted to answer the very -- you know, give 25 much information. I got the impression was that those 7 1 people in Boerne had -- you want to use the metaphor 2 they had two coffee cans and a string for their MRI's, 3 while locally they had the equivalent of I-phone six or 4 seven, whatever the latest is. 5 So anyway I just wanted to bring it to your 6 attention. I don't know if y'all could have somebody 7 speak to it so you do have an apples to apples 8 comparison, if it can be done much cheaper somewhere 9 else, competition is generally always considered to be 10 good. So anyway, thank you for your time. 11 COMMISSIONER BALDWIN: Thank you. Anyone 12 else, got any other visitor that would like to speak to 13 the Court this morning? Seeing none coming forward, 14 we'll go to the Commissioners' comments. 15 Commissioner 2, do you have anything you'd 16 like to -- 17 COMMISSIONER MOSER: I do, I have several 18 things. 19 COMMISSIONER BALDWIN: I'm going to have to 20 limit you to three minutes. 21 COMMISSIONER MOSER: Okay. For each? 22 COMMISSIONER BALDWIN: No, no. 23 COMMISSIONER MOSER: Okay. I had the 24 opportunity to go to Freedom Path, new apartments out at 25 Veteran's Hospital, the other day. Didn't make it to 8 1 the ribbon cutting, but I just wanted to encourage 2 anybody that's interested in seeing what's out there 3 that is really an absolutely beautiful facility. It is 4 first class the way they've done everything, I was super 5 impressed. It's not what you would expect to be a 6 typical low -- in fact low-budget facility. It looks 7 like they didn't spare expense on anything. So just a 8 great asset for the community. I know the Mayor's here, 9 he had a lot to do with helping them get that here. So 10 so anyway, I'd encourage that. 11 The other thing is a big thing that we've 12 been waiting for was -- for my phone to ring -- was for 13 in fact Mooney to announce that they are going to -- on 14 their new airplane the M10, that they're going to 15 assemble the thing here, okay. They've built one 16 already and it's an engineering model they've flown. 17 Now, when they get into production they're going to 18 assemble it here and probably start with some of the 19 composite work of going to be even done outside, but 20 eventually moving it here, which is the big deal. 21 That's -- that's the thing that's going to take the 22 whole facility, so that's moving forward. Thank you. 23 The other thing is telephone service. The 24 three entities, AT&T, Windstream and Hill Country 25 Telephone Coop are working together aggressively, okay, 9 1 on this. They're making progress. The engineers are 2 doing it. They've agreed on what the plan is, and they 3 haven't set a date of when it'll be, but it's going to 4 be probably sooner than we think. So that is in works 5 so we'll have redundancy in that. 6 And the other thing is, is that -- that's 7 the good news. The bad news is there's a lot of people 8 complaining and rightfully so, and Jonathan Letz sees it 9 probably more so than most of us here, the trash along 10 Highway 27 between -- between 534 going east toward 11 Comfort is just terrible. And I think part of it has 12 been -- Republic said that, you know, some of their 13 tarps on their trucks would come loose, and so anyway, 14 Republic has stepped up to the thing. They said we're 15 going to -- that's not going to happen from us any more. 16 I think the City's been working with them. And so 17 they're going to change around -- they're going to make 18 sure those tarps are down. And so it's a -- you know 19 this is the other corridor into the city. Just looks 20 like a trashy out there. So I think anything we in the 21 County can do, anything the City can do, anything 22 anybody can do to improve that. I've asked the 23 constable to be more vigilant in his observations in 24 that direction. It looks like it's just a -- a unique 25 situation. So that's all I have. 10 1 COMMISSIONER BALDWIN: Thank you very much. 2 COMMISSIONER MOSER: Three minutes, I didn't 3 use it all. 4 COMMISSIONER BALDWIN: I get the other ten 5 seconds. You named everybody but who's in charge, and 6 that's the State Highway. 7 COMMISSIONER MOSER: Yes. Well, it's their 8 responsibility to get it cleaned up, but of course I was 9 just focusing on who's causing it. 10 COMMISSIONER BALDWIN: Commissioner Letz. 11 COMMISSIONER LETZ: I'll go back to where I 12 was, and then if I have time I'll go into trash. I'll 13 be leaving probably at 9:30 this morning. I've got a -- 14 COMMISSIONER BALDWIN: Where are you leaving 15 to? 16 COMMISSIONER LETZ: To a doctor's 17 appointment. So when people see me leaving that's where 18 I'm going, I'll be leaving for that shortly. 19 I want to thank the Comfort and Center Point 20 Fire Departments. They did a great job coming out to 21 our ranch and putting out a controlled burn that got a 22 little bit out of control. 23 COMMISSIONER MOSER: Uncontrollable. 24 COMMISSIONER BALDWIN: A little bit out of 25 control. 11 1 COMMISSIONER LETZ: A little bit, yeah, 2 yeah. And I told Rusty, because I don't know -- well, 3 to make a long story short, we burned up a skidsteer in 4 the process, I wasn't out there, but one of our 5 skidsteers burned up in the thing. So then Rusty had to 6 send all his deputies out there, and I told him I was 7 not responsible for all the tires they had to replace 8 because where they had to go on our property. Yeah, he 9 had four of them out there. But anyway, well, that was 10 one of them, anyway. Both fire chiefs were out there. 11 It only burned about, I think, ten acres on the 12 neighbor's side, and the neighbor complained later, why 13 did we put it out, said we should have let it burn more. 14 But either way, they did come out and did a good job. 15 On the trash, that's been an ongoing issue, 16 and it's Republic's responsibility, but it's their 17 hauler, and I believe he's out of Pleasanton or 18 Floresville, the problem and I've reported the same 19 truck twice, and I know -- I saw Ray here a minute ago, 20 I don't see him right now. And Ray has been working on 21 trying to do stuff with him, and also DPS know about it 22 and trying to really catch those trucks that are -- the 23 trash coming out. But it is, it's absolutely terrible 24 on Highway 27. It's mostly plastic bags and they kind 25 of go to the side of the tarp and come blowing out there 12 1 everywhere. So I do appreciate Republic trying to fix 2 that problem. Actually said they were going to solve 3 the problem but they were going to switch and go down 4 I-10. I don't see how that fixes the problem; it just 5 changes where the trash is. But hopefully they'll fix 6 the problem as well. I think that's it, that's all I 7 have. 8 COMMISSIONER BALDWIN: Okay, thank you very 9 much. Number 4. 10 COMMISSIONER REEVES: I don't have anything 11 this morning, Sir. 12 COMMISSIONER BALDWIN: This is a scarey 13 deal. 14 COMMISSIONER REEVES: Yes, Sir. 15 COMMISSIONER BALDWIN: I have one item here 16 from the Alamo Area Council of Governments, AACOG, will 17 have an outreach event to be held in Kerr County on 18 Tuesday March the 8th this from 12:30 to 2:30 at the 19 Dietert Claim in Kerrville at 451 Guadalupe Street. The 20 event is open to the public, and we encourage everyone 21 to visit with us any time between 12:30 and 2:30 to hear 22 more about and apply for various programs AACOG offers 23 and discover what other valuable services are available 24 to them through other organizations participating in the 25 event. AACOG road show they calling this thing, has 13 1 agencies such as aging, AACOG agency on aging, Alamo 2 regional transit, weatherization assistance program, 3 services for veterans and their families, natural 4 resources and air quality, and resource recovery. So 5 all of those things will be available to be talked about 6 by the AACOG folks on March the 8th from 12:30 to 2:30 7 over at the Dietert Claim. How'd we do? 8 MS. GRINSTEAD: Good job. 9 COMMISSIONER BALDWIN: Thank you. 10 COMMISSIONER MOSER: Can't wait to get 11 there. 12 COMMISSIONER BALDWIN: Anything else from 13 Commissioners' Court? We'll go into our consideration 14 agenda. 15 Item 1.1 consider, discuss and take 16 appropriate action to approve financing agreement 17 between Kerr County and the Texas Water Development 18 Board from the Economically Distressed Areas Program 19 Account of Texas Department of Water Development as per 20 the Water Development Resolution Number 15-150, 21 Commissioner Letz. 22 COMMISSIONER LETZ: This is a financing 23 agreement that was sent to us. I handed out some 24 e-mails that both our bond adviser and our bond counsel, 25 Tom Spurgeon and Dusty Traylor have looked at this, and 14 1 have by e-mails approved it. The only question they had 2 was that the agreement refers to a grant agreement as 3 well, and that's not -- wasn't attached. I have visited 4 with Joe Reynolds on that and he said that will be 5 forthcoming later. 6 What this agreement actually is, it's 7 between us and the Water Development Board, we're 8 committing to proceed with the project and the funding, 9 but this is really for the Water Development Board needs 10 this to go out and sell bonds on their market, so they 11 have the money to then turn around and turn it back to 12 us. It's a very simple four-page agreement. There's a 13 commitment from us to proceed with the project, which I 14 think should not be a problem, and there is one other 15 agreement related to it. 16 But I would move approval of the finance 17 agreement, there is a March one deadline that has to be 18 back in Austin, and authorize the County Judge to sign 19 same when he returns. 20 COMMISSIONER BALDWIN: There is a motion; is 21 there a second? 22 COMMISSIONER MOSER: I second. 23 COMMISSIONER BALDWIN: A motion and a 24 second. All in favor raise your right hand. Four O 25 count. Thank you. 15 1 Item 1.2 consider, discuss and take 2 appropriate action for the Court to accept the 3 preliminary revision of plat for lot 35 and part of 4 recreational area lot of the Tierra Vista Estates 5 Subdivision and set a public hearing, volume 4, page 94, 6 Precinct 1. Mr. Hastings, Mr. Odom. Mr Hastings, 7 you're here. You're on vacation, but you're here. 8 MR. HASTINGS: I'm here. The home 9 construction on lot 35 was built over their property 10 line into the recreational area owned by the homeowner's 11 association. So the property owner and the homeowner's 12 association got together, came up with a Resolution. 13 The proposed revision of plat that you have before you 14 would create lot 35A. It would go from .45 acres to 15 .61, and the recreational area lot would be reduced by 16 that amount of acreage. I think it's a little over 17 seven acres or close to 8 acres right now. And a 18 40-foot wide private access easement would be created in 19 order to access the proposed lot 35A. The roads in the 20 subdivision are privately maintained. 21 At this time we ask the Court to accept the 22 preliminary revision of plat for lot 35 and part of the 23 recreational area lot for Tierra Vista Estates, and set 24 a public hearing for Monday, March 28, 2016 at 9 a.m. 25 volume 4 page 94, Precinct 1. 16 1 COMMISSIONER LETZ: This is -- just make a 2 comment on it. This is an odd deal. I've looked at it 3 quite a bit, and I think Mr. Baldwin probably has as 4 well. This is the best Resolution for the issue, for 5 the problem out there, and I think we need to proceed 6 with it. There was an issue of a piece of a tract was 7 sold by meets and bounds to a neighbor, the neighbor 8 originally wanted to try to get that deleted from the 9 subdivision, the neighbor refused to sign. I don't 10 think it's proper to hold up the person who's trying to 11 do this because a third party won't concur. And I 12 understand why that third party isn't. So I think we 13 need to proceed. 14 COMMISSIONER BALDWIN: So we're doing -- and 15 I agree, but I have a question. So we're reducing the 16 size of the recreation area -- 17 MR. HASTINGS: Yes, Sir. 18 COMMISSIONER BALDWIN: -- and taking some of 19 that property and putting it over to make everything fit 20 and work -- 21 MR. HASTINGS: That's right. 22 COMMISSIONER BALDWIN: -- right. And the 23 recreation area is owned by all the home owners in 24 Tierra Vista? 25 MR. HASTINGS: Yes, Sir. 17 1 COMMISSIONER BALDWIN: And we have 2 permission from them. 3 MR. HASTINGS: They're the ones that brought 4 the Resolution forward. 5 COMMISSIONER BALDWIN: Okay, very good. 6 MR. HASTINGS: Yes, Sir. 7 COMMISSIONER BALDWIN: I move for approval. 8 COMMISSIONER LETZ: Second. 9 COMMISSIONER BALDWIN: A motion and a 10 second. All in favor raise your right hand. Four O. 11 Thank you, Sir, very much. 12 1.3 consider, discuss and take appropriate 13 action for the Court to accept the preliminary revision 14 of plat for lots 4-A and 4-B of Sheppard Hills Estates 15 and set a public hearing, volume 7, page 38 in Precinct 16 1. Charlie. 17 MR. HASTINGS: Thank you. Neil Rinearson, 18 trustee owns lots 4-A, 3.13 acres, and Monica Wilhite 19 owns lot 4-B, 2.78 acres. Both property owners would 20 like to change the center lot line to straighten out the 21 property lines so they can have a straight fence. The 22 proposed revision of plat would make lot 4-A1 3.14 23 acres, and because there's a slight change in Lot 4-B1 24 2.76 acres, a very very slight change in acres. 25 At this time we ask the Court to accept the 18 1 preliminary revision of plats for lots 4-A and 4-B of 2 Sheppard Hills Estates, Volume 7, page 38, and set a 3 public hearing for Monday, March 28th, 2016 at 9:15 4 a.m., Precinct 1. 5 COMMISSIONER BALDWIN: And you approve this 6 issue of the angle of the access to the street? 7 MR. HASTINGS: Yes, Sir. 8 COMMISSIONER BALDWIN: So move. 9 COMMISSIONER REEVES: Second. 10 COMMISSIONER BALDWIN: There's a motion and 11 a second. All in favor raise your right hand. Four O 12 vote. Thank you. I didn't know that was such an 13 interesting issue. 14 Item 1.4 consider, discuss and take 15 appropriate action to review and approve construction 16 documents, drawings and project manuals, for the Kerr 17 County Jail expansion as prepared by DRG Architects, 18 LLC, and authorize construction manager at risk (Huser) 19 to solicit sub-trade pricing for the cost of the work. 20 Sheriff Hierholzer. 21 SHERIFF HIERHOLZER: And I would like to 22 introduce Perry with DRG Architects of San Antonio. As 23 you can see I brought over the blueprints and plans that 24 they have put together last Friday for all to peruse 25 through in your leisure time, about 50 pounds worth, I 19 1 think, and the two construction manuals. And other than 2 that I'll let Perry kind of tell you what phase we're at 3 and where we're going from here. 4 MR. RADKE: As you can see there's two sets 5 of drawings. Well, first of all I should reintroduce 6 myself, I am Perry Rabke with DRG Architects. Some of 7 you might remember me from last time we were here, I 8 think Commissioner Moser was not here last time. 9 Usually you'll see Wayne Gondeck, my business partner. 10 He had other business today and he couldn't make it. We 11 trade off as needed. That's what you do when you're in 12 a small business. 13 But there are two sets of drawings here. 14 One we sent to the sheriff last week; one I brought as a 15 courtesy for the clerk to have. 16 At the end of the project, after all the 17 minor adjustments have been made, we will also provide 18 to y'all what's called an as-built set, showing all 19 those revisions as well as CD's of all of that, so you 20 have that on record for the final set. It's been a 21 longer process than we expected. The complexity and the 22 intricacies of that jail out there kind of made it that 23 way. We've had a lot of meetings with the Sheriff and 24 his staff, they've been extremely accommodating to us 25 and our consultants when we needed to have access to all 20 1 areas of the jail. We've had like I said a number of 2 meetings with them. We've had meetings with the City 3 to get approval for the site development plans, we've 4 had meetings with the fire department to go through the 5 access that they require to the building for the new 6 editions and of the revised areas that we're doing in 7 the existing building. 8 But the main issue that we've had with how 9 we're going to do it, and had a lot of meetings on this, 10 was the phasing of the roof. Reroofing that building is 11 not going to be easy. We think that we can do it, but 12 it's going to be a little more difficult because we're 13 not only just putting a new slope metal roof over it, 14 we're also taking off the existing mechanical units and 15 replacing them with a new system. So there's some 16 things that will have to happen. One of the things that 17 I've handed out there to you is called a phasing plan, 18 and it's color coded, one, two, three, four, also. That 19 is what we've come up with in talking with the Sheriff, 20 and the construction manager Huser, and all the 21 consultants, we've come to the consensus that that's the 22 best way to go forward with this. 23 Obviously the first phase is going to 24 involve the male housing edition, because we have to 25 have that in place so that we can move the inmates from 21 1 the existing areas into that so that we can remodel some 2 of those pieces that are going on inside. 3 In addition to that, while we're doing those 4 we'll also have to be doing some of the mechanical work 5 on the roof for those areas that are going to be abandon 6 temporarily and move people to the new part. Along with 7 that we have a new visitation edition that's going to 8 cause a little bit of issue with Rusty, but I think 9 we've -- we've kind of worked through that finding a 10 place where we can do some temporary visitation because 11 it has to be maintained through this process. I mean 12 this is a fully functioning twenty-four seven building 13 that we're talking about here. Safety and security 14 issues are also primary among that. We talked to Rusty 15 and his staff about how his people will be able to pitch 16 in and help on some of these issues like that. 17 Staffing, moving people around, those kind of things 18 have all been primary in our minds as we've gone through 19 this process. But I think that we've come up with a 20 good plan. I think we have a very good CM, we're glad 21 to be at this point. I know Rusty is too. 22 SHERIFF HIERHOLZER: No. 23 MR. RABKE: But that's where we're at, and 24 we're ready to hit the ground running and go forward 25 with this thing. The other thing that I've given you 22 1 there is a breakdown of the budget that's the last one 2 that we did. I think Wayne presented that to the Court 3 last summer, I think it's dated June 8th if I'm not 4 mistaken -- 5 COMMISSIONER BALDWIN: That's correct. 6 MR. RABKE -- of 2015. And the next step is 7 for Huser who now has access to the plans and 8 specifications to start issuing these plans to the 9 various subs that they're going to have work on the 10 project, get their bids back, put it all together, and 11 then we'll know where we're at with the maximum price on 12 this. We're not going to call that one necessarily 13 guaranteed yet, until we make sure that A, got 14 everything in it, and B, is under the budget, and C, 15 y'all are happy with it and Rusty's happy with it as 16 well. I'm not sure when that will take place, I don't 17 think anybody from Huser is here today, is that correct? 18 SHERIFF HIERHOLZER: No. 19 MR. RABKE: So I think they will have to 20 develop a time frame for that. We've not really gotten 21 much into that. I think they were being a little bit 22 playing close to the vest until they actually saw the 23 full set of plans and specs and could really get into 24 it, and then they will give us a reasonable time to come 25 back and say this -- this is what it will cost right 23 1 now. If we have to make any adjustments, we'll make 2 those to get them within the budget. 3 SHERIFF HIERHOLZER: There are going to be 4 some other issues that the Court needs to be aware of. 5 Such as today, we're over a hundred and seventy in 6 population. Okay. So we keep going up, we're 7 overcrowded as it is. We do have a contract with 8 Gillespie County to take some if we have to, because a 9 lot of this will cause inmates having to be moved 10 around. I don't have any budget for housing out of 11 County. The other thing is, that at some point during 12 all this remodel, we will lose our kitchen for several 13 weeks. We'll have to contract somewhere to bring in 14 food to that facility, okay, which will affect us and 15 juvenile detention most likely. 16 Security issues are going to be a major 17 concern. And it's going to be some of the most 18 definitely over-time budget issues on extra personnel 19 just to control the security. And there could even be 20 short periods of time I'm afraid that we could be 21 without air-conditioning or heat, depending on when it 22 is and when things are getting moved around. So it's 23 going to be a long very stressful project that, you 24 know, they've got some contingency in that budget, but 25 I'm not sure how much that's going to cover if we have 24 1 to start housing inmates in another County. Because 2 that construction area, and that's why we looked at 3 dividing this into phases, so that we can try and move 4 it around, because any part of that jail that's under 5 remodel or construction has to be secured off from any 6 and all inmates being able to get to that section, by 7 jail standards. Just 'cuz you're remodeling the inside, 8 doesn't mean that they can still get access to that. It 9 has to be actually partitioned off with either with 10 walls or chain link fence temporary, so inside the jail, 11 so that no inmates can get into those areas. This isn't 12 like remodeling a house; it's going to be a major issue. 13 COMMISSIONER MOSER: Let me ask some 14 questions, if I may. This -- the agenda item here is to 15 to approve the construction documents. 16 SHERIFF HIERHOLZER: That's correct. 17 COMMISSIONER MOSER: Which you guys have 18 brought in here. 19 SHERIFF HIERHOLZER: Right. 20 COMMISSIONER MOSER: But everything you just 21 mentioned, Sheriff, doesn't have anything to do with 22 construction, okay. What are you going to do with the 23 inmates that have to go to Gillespie, you're limits on 24 that. Food we -- you know that the cafeteria's going to 25 be closed or the food preparation's going to be closed. 25 1 Didn't need the construction documents for that, okay. 2 So my question -- and I've got another question. And it 3 all relates to the project and funding, and the project 4 management. Who -- you have on this three percent 5 project contingency. That's really low at this point in 6 a project, at this stage, and I think you would have to 7 agree with that. 8 MR. RABKE: Yes, Sir. 9 COMMISSIONER MOSER: Three percent is really 10 tight. And in light of what the sheriff just mentioned 11 of all these other potential hits, which don't have 12 anything to do with the construction documents, okay, I 13 think, Sheriff, we need to come back to this and look at 14 the total thing from start to finish. The construction, 15 all the things you just mentioned, and they're all 16 valid, I'm not taking an issue with that. But I think 17 we need to make sure that number one, all the potential 18 issues that you've got, we've got funds for. You say 19 they're not in your budget so where we go -- what's the 20 potential hit for those things. 21 Number two is is who is the project manager? 22 You got the drawings, Huser's got the things, when they 23 come back if they exceed 15 million, which that's all we 24 have, what's the plan and who makes the decision -- 25 MR. RABKE: That will -- 26 1 COMMISSIONER MOSER: -- let me finish. Who 2 makes the decision of what we're not going to do. Who 3 is the person? 4 MR. RABKE: Well, at that point we would 5 have to sit down with the Sheriff initially. 6 COMMISSIONER MOSER: Who makes the decision? 7 SHERIFF HIERHOLZER: This Court makes that 8 decision. 9 COMMISSIONER MOSER: Okay. I just want to 10 make that really clear. So the Court will make the 11 decision. You come back hypothetically, here's some 12 things we're over by this amount, option one is to do 13 this, take this, add money to it, or eliminate certain 14 things. So that answers that question. Have to come 15 back to the Court for that. 16 SHERIFF HIERHOLZER: Yes, Sir. 17 COMMISSIONER MOSER: So the Court is the 18 project manager essentially. I mean somebody's got to 19 be in charge, so it's these people on this side of that 20 railing. 21 MR. RABKE: In that context -- 22 SHERIFF HIERHOLZER: The Court does it just 23 like y'all did with the AG barn. The Court does the 24 approval and that on any expense or changes in what our 25 budget is. You know it's not -- 27 1 COMMISSIONER MOSER: Just wanted to make 2 sure. Just wanted to make sure. 3 MR. RABKE: And I'm not an expert on all the 4 State statutes and all that are required or how you're 5 overtime is handled -- 6 COMMISSIONER MOSER: Sure. 7 MR. RABKE: -- as far as what other bond 8 monies can be used for that or not. I don't know that 9 that's really something that we've ever been involved 10 with. 11 COMMISSIONER MOSER: Well, everything that 12 you -- everything that when I look at three percent 13 here, and I listen to everything the Sheriff said, I 14 think we got a storm brewing somewhere. Okay. We just 15 need to figure out how we're going to accommodate the 16 storm when it comes along. 17 SHERIFF HIERHOLZER: What I'm trying to do 18 is make sure this Court is informed, Commissioner. I 19 want you to know what worst case scenarios that we can 20 have happen. I'm the one that looks at it in the worst 21 case scenario. I hope we -- the way we developed the 22 phases, okay, in this and sat down and talked with them, 23 the hundred and forty four bed addition part is the 24 first part that's going to be built in phase one. Okay. 25 That's adding a hundred and forty four beds. And we 28 1 will get the occupancy permits on that once it's 2 complete. And then we will tie it in to the current 3 building and be able to shift inmates back there to open 4 up other areas. 5 So our entire deal is on these phases is 6 trying to work it to where there is minimum cost to the 7 County, okay, and minimal issues, but you know this 8 Court's known staffing wise, you know, and I'm not 9 complaining, don't take this wrong, but staffing wise 10 the sheriff's office has been shorthanded not for 11 budgeted for un budgeted positions. Okay. And I've 12 asked for years for more manpower and staffing. This is 13 going to take more security issues, and I am going to 14 have to spend more on overtime. And that's something 15 this Court just got to accept. 16 COMMISSIONER MOSER: Okay, let me use that 17 for an example. You've known that -- 18 SHERIFF HIERHOLZER: And I asked for more 19 staff last year. 20 COMMISSIONER MOSER: You've known that, so 21 is it in the budget? 22 SHERIFF HIERHOLZER: No. 23 COMMISSIONER MOSER: Do you have something 24 in the budget for this extra staff, and overtime, okay, 25 so that's an issue, okay. It's got to come back to the 29 1 Court, so I can see we're going to have a hit on this. 2 The second thing is, you've known about the 3 food, you know the food preparation, this isn't anything 4 new with the documents -- 5 SHERIFF HIERHOLZER: Well, it is kinda in 6 the last month or month and a half that we've been going 7 over and trying to get the plan, that's when all this 8 comes up. 9 MR. RABKE: And the other thing is that we 10 planned that last phase to be for the kitchen and I 11 think by that time there may be some better options or 12 more options having the rest of the building almost done 13 that we can -- we're trying to project, but it's hard to 14 until you get everything done. At that point, I think 15 that there may be some good options within the building 16 itself, the current building -- 17 COMMISSIONER MOSER: Okay. 18 MR. RABKE: -- to do some kind of a 19 temporary setup. And we can look at that as we go 20 along. Part of that is just needing to get some of this 21 done first. 22 COMMISSIONER MOSER: Well, all I'm -- 23 SHERIFF HIERHOLZER: If you put down for a 24 couple weeks in the kitchen, the current budget 25 hopefully with what I have for food and that, will help 30 1 take care of those couple of weeks of having to bring in 2 those meals, that's what we're looking at. I just don't 3 want this Court to come back and holler you didn't let 4 us know. 5 The contract, out of County housing contract 6 with Gillespie County, I brought to this Court several 7 months ago with the same explanation, as that's what it 8 would have to be used for if we end up with those 9 situations. 10 COMMISSIONER MOSER: All I'm saying is 11 instead of saying I told you so, let's just look at what 12 the potential threat is in dollars, what the potential 13 threat is so we can see it, okay. 14 COMMISSIONER BALDWIN: Let's get back to the 15 agenda item here. And if necessary, Rusty, would you 16 bring those items? I agree with him that we need to. 17 SHERIFF HIERHOLZER: Oh, I agree with that. 18 The agenda item is where we are now and start moving 19 forward. 20 COMMISSIONER MOSER: Right, sure. 21 COMMISSIONER BALDWIN: So let's -- we have 22 two issues here that we need to deal with today, approve 23 the construction documents, and I'm going to send those 24 little pieces of paper of the Court, Number 4 and I have 25 spent Saturday night, the entire Saturday night reading 31 1 that stuff. And is that what -- is that what the 2 documents are? 3 MR. RABKE: Yes. That's the construction -- 4 COMMISSIONER REEVES: I'm glad that's what 5 they are. I'd hate to spend all that time. 6 COMMISSIONER BALDWIN: Oh boy, I'm glad 7 that's what it was. I would entertain a motion to 8 approve the drawings and the project manual. 9 COMMISSIONER REEVES: I will make a motion 10 to approve as the agenda item reads. 11 SHERIFF HIERHOLZER: This also allows Huser 12 to go out and solicit those and do that separate. 13 COMMISSIONER BALDWIN: We want to do that 14 all in one motion? 15 COMMISSIONER REEVES: That's the way the 16 agenda is, that would be my motion, Commissioner. 17 COMMISSIONER BALDWIN: Okay. So that 18 includes to authorize Huser to solicit sub-trade pricing 19 for the cost of work. 20 COMMISSIONER MOSER: And I'll second. 21 COMMISSIONER BALDWIN: Have a motion and a 22 second, and all in favor please raise your right hand. 23 Three zero. 24 Let the record reflect that Commissioner 25 Letz has left the building, I'm assuming. 32 1 SHERIFF HIERHOLZER: And I would ask that 2 the County Attorney's permission at first at least until 3 we get through this that these documents be able to be 4 kept locked up at my facility. 5 MRS. STEBBINS: Absolutely. I don't want to 6 subject the County to some safety concerns. And if 7 there's any request for them -- 8 SHERIFF HIERHOLZER: Including the clerk's 9 copy. The request from them can come through my office 10 if we need to. 11 MRS. STEBBINS: Yes. And is we need to make 12 a request to the attorney general I am glad to do that. 13 COMMISSIONER BALDWIN: Item 1.5 consider, 14 discuss and take appropriate action to appoint Chana 15 Johnson as a member of the Kerr County Child Services 16 Board. That would be me doing that. And Miss Johnson 17 has agreed to serve on our board, so I'm going to as a 18 motion, I ask for approval of this. 19 COMMISSIONER REEVES: Second. 20 COMMISSIONER BALDWIN: Motion and second, 21 all in favor raise your right hand. Three zero. Thank 22 you very much. 23 Item 1.6 consider, discuss and take 24 appropriate action to revise Resolution authorizing 25 signatories for the Texas Community Development Block 33 1 Grant number 7215045, and Court Order Number 35453, 2 Mr. Moser. 3 COMMISSIONER MOSER: Yeah, I'll speak to 4 that. This is simply -- this is the funds from TDA for 5 grant money to connect individual properties to the 6 Kerrville South wastewater system, and the Resolution 7 changes is just simply County Judge and said be 8 authorized to execute contractual documents. What's in 9 your package is that the County Judge and Precinct 3 10 County Commissioner, and I've talked to Commissioner 11 Letz about that this morning and I'd like to revise that 12 slightly. The County Judge and/or Precinct 3 -- 13 Precinct 2 or Precinct 3 County Commissioners be 14 authorized to execute. This is a joint thing between 15 Precinct 2 and 3, and Commissioner Letz agrees with 16 that, so with that change in the -- in the Resolution, I 17 move that we approve it. 18 COMMISSIONER BALDWIN: We have a motion, and 19 is there a second? 20 COMMISSIONER REEVES: Repeat who would -- 21 what you're revising it to. 22 COMMISSIONER MOSER: It would simply say the 23 County Judge and/or Precinct 2 and Precinct 3 24 Commissioners be authorized to execute contractual 25 documents. 34 1 COMMISSIONER REEVES: So it would take two 2 of the three of you? 3 COMMISSIONER MOSER: No. It would just take 4 any one of the three of us. 5 COMMISSIONER REEVES: I second it. 6 COMMISSIONER MOSER: No, excuse me. No; it 7 would be any one of -- any two of the three, you're 8 correct. You're correct. 9 COMMISSIONER REEVES: I'll second it. 10 COMMISSIONER BALDWIN: Motion made and 11 seconded. All in favor raise your right hand. Three O 12 vote. Thank you very much. 13 COMMISSIONER MOSER: Thank you. 14 COMMISSIONER BALDWIN: Item 1.7 consider, 15 discuss and take appropriate action to approve the 16 start-up forms for the Center Point/East Kerr County 17 Wastewater Project, and allow County Judge to sign the 18 same, this is grant number 7215045, Commissioner 19 Precinct 2. 20 COMMISSIONER MOSER: Yes. These are -- 21 these are forms that are required by TDA to move 22 forward, they're housing, they're discrimination forms, 23 etc. etc. etc. So I move that we approve and ask the 24 County Judge to be allowed to sign these forms. 25 COMMISSIONER BALDWIN: Have a motion, is 35 1 there a second? 2 COMMISSIONER REEVES: Second. 3 COMMISSIONER BALDWIN: Second. And all in 4 favor raise your right hands. Three zero, thank you. 5 Number item 1.8 consider, discuss and take 6 appropriate action to approve Amendment Number 1 to the 7 contract between the Texas Department of Agriculture for 8 Texas Community Development Block Grant Project, 9 7214025, Kerrville South Wastewater Project, Phase VI, 10 Precincts 1 and 2. That would be Baldwin and Moser. 11 Mr. Moser. 12 COMMISSIONER MOSER: Yes. Thank you -- 13 COMMISSIONER BALDWIN: Mr. Baldwin. 14 COMMISSIONER MOSER: -- Commissioner, Mr. 15 Baldwin. The change here is simply to modify the 16 agreement with TDA. It's a procedural change that they 17 require so that it enables us to change the contract, 18 the construction contract from the number of connections 19 that we have. We've already approved in connection -- 20 connected properties in Kerrville South wastewater 21 system. So this is just a wording change that the 22 County Attorney's looked at this, and she agrees with 23 this change, so I move for approval. 24 COMMISSIONER BALDWIN: We have a motion and 25 I second it. All in favor raise your right hands. That 36 1 would be a three O vote, thank you. 2 1.9 consider, discuss and take appropriate 3 action on the reimbursement program offered by the Texas 4 Association of Counties. Mr. Ford. 5 MR. FORD: Yes, Sir. 6 COMMISSIONER BALDWIN: You're standing right 7 there. 8 MR. FORD: I am. 9 COMMISSIONER BALDWIN: Thank you. Would you 10 identify yourself and your address please for the 11 record. 12 MR. FORD: Yes. My name is Rollie Ford, I'm 13 your HR consultant for Texas Association of Counties. 14 Texas Association of Counties is located at 2910 San 15 Antonio Street in Austin, Texas. I'm here to present a 16 new program. It's a reimbursement program that Texas 17 Association of Counties has been working hard for. 18 These are different projects here -- may I approach? 19 COMMISSIONER BALDWIN: Certainly. 20 MR. FORD: I want to keep one for my 21 reference, I'll give you the rest. 22 COMMISSIONER BALDWIN: Thank you very much. 23 MR. FORD: What I have here on my I-pad is 24 just off our website, and it gives you ideas of possible 25 projects the County could come up with, they will start 37 1 -- they will apply for these reimbursements as you'll 2 see in the packet, the different forms to fill out. And 3 then through the course of the program, these projects 4 can be reimbursed right back to the County. These 5 programs could be the purchase of safety equipment, 6 meaning glasses, traffic vests, welding equipment, first 7 aid kits -- I'm not going to read all of them. And 8 would include worker's comp and law enforcement, 9 worker's comp and law enforcement for first aid and CPR 10 certifications. Worker's comp and public officials for 11 employee orientation, for new employees for materials, 12 job-specific training. Outlying regulatory 13 subscriptions. Could be HR, could be chemical. For 14 workers comp, there could be purchase of different 15 equipment, such as defibrillators, power stretchers, 16 other similar equipment so you're trying to avoid risk 17 and injury to our employees. Facility operations. The 18 list goes on and on, and these are just examples. You 19 may come up with some other things. When you submit the 20 proposals there are deadlines that you'll see. We'll 21 need to have the applications in by July one. They'll 22 be further directions that you'll get, and will let the 23 County know that some -- or whether it's been accepted 24 so you can go ahead and go with the projects and then 25 TAC will reimburse, and you'll know how much you'll get 38 1 reimbursed for. 2 COMMISSIONER MOSER: So why wouldn't we do 3 this? 4 MR. FORD: It's something new. 5 COMMISSIONER MOSER: But here's my question. 6 MR. FORD: Yes, Sir. 7 COMMISSIONER MOSER: What are we agreeing to 8 do other than saying yeah we want to be part of the 9 program, does it cost us anything? 10 MR. FORD: No. 11 COMMISSIONER MOSER: But if we say no -- if 12 we say yes then we have a potential of getting 13 reimbursed for some things if we fill out the request to 14 be reimbursed? 15 MR. FORD: And you'll know whether or not 16 you'll get reimbursed before you start. 17 COMMISSIONER MOSER: I understand. But so-- 18 MR. FORD: It's a good deal. 19 COMMISSIONER MOSER: I mean it's a no 20 brainer from what you're telling me is what we need to 21 do -- all we have to do is say yes and apply for some 22 money for some grants. 23 COMMISSIONER BALDWIN: And he drove down 24 here to tell us that. 25 MR. FORD: I'll be back on Thursday to do 39 1 some training. Dawn was sitting there -- 2 COMMISSIONER MOSER: So how about can the 3 Sheriff use this for -- 4 MR. FORD: Yes. 5 COMMISSIONER MOSER: -- body cams and stuff 6 like that? 7 SHERIFF HIERHOLZER: Not body cams. Well, 8 we have those. But mainly like defibrillators in the 9 vehicles and safety equipment. Yeah. 10 COMMISSIONER MOSER: So where does this 11 money come from that we're going to -- is just falling 12 out of the sky potentially. 13 MR. FORD: You give TAC money; TAC'S giving 14 some of the money back. 15 SHERIFF HIERHOLZER: It's our's to begin 16 with. 17 COMMISSIONER MOSER: So can we just start 18 giving you less money and not be part of this program? 19 MR. FORD: I'm not here to discuss that. 20 MS. LANTZ: Commissioner Moser, we used to 21 get reimbursement because we did so well on our risk 22 management program, is how we utilize our program. So 23 it was basically refunded money that went back into the 24 general fund, or back into the -- actually to Kerr 25 County. Well, they're not going to allow that any 40 1 longer. They're going to make us utilize that money in 2 these types of programs, so we actually get money back 3 coming to us, but we have to apply for it using it in 4 these certain ways. 5 COMMISSIONER MOSER: Okay. So it's not 6 costing us anything else, so now TAC's got some extra 7 money lying around that they're going to reimburse those 8 counties that have done well in their risk management 9 and safety. 10 MR. FORD: Quite a few counties, yes. 11 COMMISSIONER MOSER: So I just move for 12 approval. 13 MR. FORD: Thank you, Commissioner. 14 COMMISSIONER BALDWIN: You're moving that we 15 authorize the Kerr County to participate in the program? 16 COMMISSIONER MOSER: Instantly. 17 COMMISSIONER BALDWIN: Instantly. Can we 18 have a little lunch money today? I think that's where 19 he's going with this. Is that what we want? 20 MS. LANTZ: We do have funds that will be -- 21 that are allocated to Kerr County that we would like to 22 request to use for different things, yes. And we'll get 23 with the Sheriff and different departments to make sure. 24 COMMISSIONER MOSER: Sounds like this is 25 just the thing to enable us to do that. If we don't 41 1 approve it then we don't have that enabling capability. 2 SHERIFF HIERHOLZER: From what I'm seeing 3 I'm not even sure it's even something that has to be 4 approved, does it? We're just -- it's just a part of 5 our overall County benefits from TAC, is just a program 6 they're offering. 7 MR. FORD: I'm not here asking for approval. 8 SHERIFF HIERHOLZER: They're not asking for 9 approval. It's just informing us that we can apply for 10 it. 11 COMMISSIONER BALDWIN: Allow me to bless 12 you. Have a safe trip back to Austin. 13 MR. FORD: Thank you. 14 MS. LANTZ: There's going to be a risk 15 management conference in March that's probably going to 16 go more in detail about this, and there's going to be 17 more things to be coming, so he's just basically 18 bringing it to the Court. 19 MR. FORD: Giving you a heads up early. 20 COMMISSIONER REEVES: I'd like to thank you 21 for coming and letting us know, appreciate it. 22 COMMISSIONER MOSER: I'll withdraw my 23 motion. 24 COMMISSIONER BALDWIN: Motion has been 25 withdrawn. 42 1 And Item 10 is -- we're going to pull. 2 COMMISSIONER REEVES: I'd like to pass until 3 the next meeting. 4 COMMISSIONER BALDWIN: Item 1.11 consider, 5 discuss, and take appropriate action regarding a letter 6 received from the Association of Rural Communities in 7 Texas, ARCIT, regarding Senate Bill 182 which addresses 8 the Rollback Rate, Judge Pollard. That was pretty 9 tricky, isn't it? Tax assessor collector, we don't have 10 one today. It sounds good. What I want to know is 11 are we a member of ARCIT? I know we don't have to be a 12 member to do this, but I'm just curious are we a 13 member -- 14 MRS. DOSS: I don't believe we were. 15 JUDGE POLLARD: -- of the Rural Community 16 group? Okay, who's the expert here wants to talk about 17 this? 18 COMMISSIONER REEVES: Why don't we wait 19 until the Judge gets back since he requested this be put 20 on there, if we may. 21 COMMISSIONER MOSER: Pass. 22 COMMISSIONER BALDWIN: Very good, we're 23 going to pass item 1.11. 24 Item 1.13 consider, discuss and take 25 appropriate action to discuss person -- whoops, that's 43 1 in executive session. 2 COMMISSIONER REEVES: Why don't we take ten 3 minutes until ten o'clock and hear that item. 4 COMMISSIONER BALDWIN: Well we surely can, 5 but let's pay the bills and those kinds of things. 6 We'll go to number four Approval Agenda, 7 4.1 pay the bills. 8 COMMISSIONER MOSER: I move we pay the 9 bills. 10 COMMISSIONER BALDWIN: We have a motion on 11 the floor, is there a second? 12 COMMISSIONER REEVES: Second. 13 COMMISSIONER BALDWIN: All in favor raise 14 your right hand. Three O vote. 15 Budget amendments. 16 MRS. DOSS: We don't have any budget 17 amendments. 18 COMMISSIONER BALDWIN: I don't blame you. 19 Late bills. 20 MRS. DOSS: Yes. 21 COMMISSIONER REEVES: Move they be paid. 22 MRS. DOSS: We have quite a few late bills. 23 COMMISSIONER BALDWIN: And we have a motion 24 on the floor, is there a second? 25 COMMISSIONER MOSER: Second. 44 1 COMMISSIONER BALDWIN: A motion and a 2 second. All in favor raise your right hand. Carries 3 three zero. Okay. 4 Monthly reports, number 4.4. 5 COMMISSIONER REEVES: Yes, Sir. Constable 6 Precinct 3 monthly report January, 2016. County Clerk's 7 office monthly report for January, 2016. Constable 8 Precinct 4 monthly report January, 2016. Constable 9 Precinct 3 tier one partial exemption racial profiling 10 report. County treasurer monthly report for January, 11 2016. 12 Move to approve the reports as I have read 13 them into the record and authorize signatures as needed. 14 COMMISSIONER MOSER: Second. 15 COMMISSIONER BALDWIN: We have a motion and 16 a second. All in favor raise your right hand. Three -- 17 be three and a half -- two and a half votes -- three. 18 Three votes. 19 COMMISSIONER REEVES: Sorry. I had trouble 20 with that when I was younger. 21 COMMISSIONER BALDWIN: Yeah, I could tell. 22 COMMISSIONER REEVES: Thank you. 23 You guys want to give your reports now? 24 Look who's here. Reports from Commissioners/Liaison 25 Committee Assignments. 45 1 COMMISSIONER REEVES: I have none. 2 COMMISSIONER MOSER: Nothing. 3 COMMISSIONER BALDWIN: Mr. Moser. Reports 4 from Elected Officials/Department Heads. 5 Dr. Rector, would you like to give a report 6 on something? 7 DR. RECTOR: I think I'll pass. 8 COMMISSIONER BALDWIN: Thank you very much. 9 COMMISSIONER BALDWIN: Anybody? 10 Reports from Boards, Commissions, 11 Committees, City/County Joint Projects. Did the Mayor 12 leave? I'm sorry to hear that. 13 We're going to take a nine-minute break. 14 COMMISSIONER REEVES: Thank you. 15 (Nine-minute break.) 16 COMMISSIONER BALDWIN: Commissioners' Court 17 is back in session. We're going to go to item 1.12 18 consider, discuss and take appropriate action regarding 19 allowing Christmas Lighting Corporation to use the 20 recycling center for storage, Mr. Kyle Bond. The great 21 Honorable Kyle Bond. 22 MR. BOND: Something like that, right. How 23 are y'all? 24 COMMISSIONER REEVES: Good morning. 25 MR. BOND: As you guys know we've been a 46 1 part of the decorating committee for the courthouse now 2 for I can't even remember how many years, probably 12 3 years, something like that, 14 years, something like 4 that. And we've had various different places to store 5 the decorations. They're a community asset, technically 6 we own the lights, but the community benefits from them 7 every year. We've had to move those a few times in 8 those 14 years. Probably this be our 6th, I think. So 9 it's about every other year we have to find them a new 10 place to stay. 11 Currently we're out at the airport. We're 12 using the old Mooney Airport. I guess the Airport Board 13 recently voted to reclaim that area, they're going to 14 use it for hangers is what I understand, if they can 15 refurbish that building. 16 And so now we're looking for a new place to 17 live for the large Christmas tree and all the 18 decorations that go up every year. So I kind of made a 19 few phone calls, spoke to Commissioner Reeves and Todd 20 Park with the City, and we kind of threw around 21 possibilities and the storage of the old recycle center 22 was one of the locations that it came up on the radar 23 screen, knowing that it's not being used at this current 24 time. So we came to your Court today to ask permission 25 to possibly use that for this year, and subsequent 47 1 years, if it's still not being used for anything else. 2 We'd love to use that space. 3 COMMISSIONER REEVES: And you understand, 4 Kyle, that if we allow the Lighting Corporation and 5 while we'd do our best to give you ample notice if in 6 six months we find a use that we need to use with that 7 facility, that we'd have to get -- 8 MR. BOND: Yes. 9 COMMISSIONER REEVES: -- together again. 10 MR. BOND: Yes. 11 THE REPORTER: One at a time, please. 12 COMMISSIONER REEVES: Put their heads 13 together to find you another location, and this 14 basically be a month to month, if we allowed you to do 15 this? 16 MR. BOND: That's fine. We'll take what we 17 can get at this time. 18 COMMISSIONER REEVES: And could the County 19 Attorney for the next meeting help us draft some type of 20 temporary lease if we were to do that? 21 MRS. STEBBINS: Sure. Sure. 22 MR. BOND: We probably have one that we've 23 used here before with the County. And I don't know if 24 you have access to it. 25 MRS. STEBBINS: I'll find something. 48 1 MR. BOND: I'll bet there's one out there 2 that's already been done. 3 MRS. STEBBINS: Just for the storage of 4 the -- 5 MR. BOND: We used to store them up at the 6 very end where all the voting machines are now. And we 7 used to store all them decorations there. So I think 8 there's a lease document for that. 9 MRS. STEBBINS: Thank you, that's helpful. 10 MR. BOND: Yeah, that's exactly what I 11 expected, and we'll take what we can get. 12 COMMISSIONER REEVES: I'd like to make a 13 motion to allow the Christmas Lighting Corporation to 14 use the recycling center on a month to month basis. And 15 allow the County attorney to draw up a document that is 16 in agreement with the corporation and the Court and 17 bring it back to the next meeting. 18 COMMISSIONER BALDWIN: There's a motion. Is 19 there a second? 20 COMMISSIONER MOSER: Second. 21 COMMISSIONER BALDWIN: Motion and a second. 22 All in favor raise your right hand. Three -- do you 23 have a question? 24 COMMISSIONER MOSER: Yeah. The facility out 25 there as such that it can be closed? I mean I guess 49 1 there's -- there's part of it and the doors can be -- 2 COMMISSIONER REEVES: Yes, there is. 3 COMMISSIONER MOSER: Okay. That's all. 4 Okay. 5 COMMISSIONER BALDWIN: All in favor raise 6 your right hand. Three O vote. 7 We're going to go back and revisit -- 8 COMMISSIONER REEVES: Thank you, Kyle. 9 MR. BOND: Appreciate it. 10 COMMISSIONER REEVES: Glad we could help. 11 COMMISSIONER BALDWIN: Go back and revisit 12 item 1.6 consider, discuss, take appropriate action to 13 revise resolution authorizing Signatories for Texas 14 Community Development Block Grant, Texas CDBG Number 15 7215045, and Court Order Number 35453, Commissioner 16 Moser. 17 COMMISSIONER MOSER: Yes. I want to go back 18 and look at that, because the way the existing agreement 19 is, it says the County Judge be authorized to execute 20 contractual documents, and the proposed change is -- and 21 I'm going to ask the County attorney to help me here. 22 The proposed change is the County Judge and Precinct 3 23 County Commissioner be authorized to sign. But that 24 says 'and', does that say that both have to sign? 25 MRS. STEBBINS: Uh-huh, yes. 50 1 COMMISSIONER MOSER: So that's not what we 2 want, Jody. 3 MS. GRINSTEAD: Then we need to change that 4 to 'or'. 5 COMMISSIONER MOSER: Yeah, we need to change 6 and to 'or'. And I'm going to propose that it be the 7 County Judge, or Precinct 3 County Commissioner or 8 Precinct 2 County Commissioner. So any one of the three 9 of us can sign. Okay. So for clarification. 10 COMMISSIONER BALDWIN: Is that 11 clarification? 12 COMMISSIONER MOSER: It says any one of 13 three can sign is what it says. Do you agree with that, 14 County Attorney? 15 COMMISSIONER REEVES: This is requiring two 16 signatures on documents that we're going to need? 17 COMMISSIONER MOSER: No. No. 18 MRS. STEBBINS: If it says 'and' it would, 19 but I -- I think that what commissioner Moser just did 20 is put an 'or' instead. 21 COMMISSIONER MOSER: Right. And what we did 22 for the record and for information, Jody pointed out we 23 had an issue in the past, when Judge Tinley was here he 24 was not available to sign a document, and we didn't have 25 anybody else authorized to do it, so this just simply 51 1 says for this 500 thousand dollar grant, any one of the 2 three of us can sign it if the change is made like I 3 said. 4 COMMISSIONER BALDWIN: And that particular 5 grant only. 6 COMMISSIONER MOSER: That particular grant 7 only, period. Right. 8 COMMISSIONER BALDWIN: Okay. 9 COMMISSIONER MOSER: So I so move for that 10 change that it would simply read again, the County Judge 11 or Precinct -- and I'll do it in order, Precinct 2 12 County Commissioner or Precinct 3 County Commissioner 13 be authorized to execute. And the reason this being, is 14 this thing is going to move fast, okay. And once we -- 15 it's schedule critical that we be able to execute this 16 thing very quickly, or else we're going to lose out on 17 the five hundred thousand dollars. 18 MRS. STEBBINS: So what you're asking the 19 Court to do today is to give you -- 20 COMMISSIONER MOSER: All three. 21 MRS. STEBBINS: -- and Commissioner Letz the 22 authority to bind the County without having to bring it 23 back before the Court. 24 COMMISSIONER MOSER: Correct. Correct. 25 MS. GRINSTEAD: Everything would still come 52 1 back to the Court, it will still need Court approval. 2 COMMISSIONER MOSER: Okay, sure. 3 MS. GRINSTEAD: Like today is a prime 4 example, Judge Pollard is not available. If we needed 5 it to be there tomorrow, we want to have someone else be 6 able to sign that and get it to them tomorrow without 7 having to wait for Judge Pollard. 8 COMMISSIONER BALDWIN: Jody, you don't have 9 to yell, we're all sitting around. 10 Let me ask you something, Commissioner, 11 would you like to rescind that other order? 12 COMMISSIONER MOSER: Yes, I'd like to 13 rescind the other motion. 14 COMMISSIONER BALDWIN: So do we need to have 15 a motion to do that? 16 COMMISSIONER MOSER: Okay. Let me rescind 17 the previous motion made earlier, okay. 18 COMMISSIONER BALDWIN: Okay. 19 COMMISSIONER MOSER: Okay. And I want to 20 make the motion that we make the modification to the 21 Resolution that would read the County Judge, or Precinct 22 2 County Commissioner, or Precinct 3 County Commissioner 23 be authorized to execute the contractual documents 24 between Texas Department of Agricultural and the County, 25 for the 2015 Texas Community Development Block Grant. 53 1 And the other change would be the County Judge, the 2 County Auditor, Precinct 2 -- well, there's no change 3 there. Okay. 4 COMMISSIONER BALDWIN: Just the signatories. 5 COMMISSIONER MOSER: Just the signatories, 6 correct. 7 COMMISSIONER BALDWIN: Okay, I second that 8 motion. 9 COMMISSIONER MOSER: Okay. 10 COMMISSIONER BALDWIN: You have any 11 comments? 12 COMMISSIONER REEVES: No. 13 COMMISSIONER BALDWIN: All in favor raise 14 your right hand. Three O vote. 15 Okay. Anything else come before this Court 16 at this time in open session? We reserve the right to 17 adjourn into executive session at this time. 18 (Executive Session was held.) 19 COMMISSIONER BALDWIN: Commissioners' 20 Court's back in open session at this time. And I have 21 10:26 -- 10:25 maybe, and a half. Is there any action 22 that needs to be taken on 1.13 or 1.14? Hearing none -- 23 COMMISSIONER REEVES: Well -- 24 COMMISSIONER MOSER: We got action on 1.14. 25 COMMISSIONER REEVES: Do we need to 54 1 authorize the professional services of the appraiser on 2 1.14, is the dollar amount on that is it small enough? 3 COMMISSIONER BALDWIN: I don't know if we 4 have an agenda item that covers it. I assume that we 5 had approved it in a past meeting sometime. 6 COMMISSIONER REEVES: I'd have to look at 7 the minutes on that. 8 COMMISSIONER MOSER: The agenda item says 9 appropriate action regarding possible sale of real 10 property. 11 COMMISSIONER REEVES: And I would say real 12 estate appraisal is appropriate action regarding the 13 possible sale of real property. Therefore, I make a 14 motion to authorize obtaining an appraisal on the 15 property, in Center Point, Texas that was recently -- 16 the title was recently cleared up with the LCRA. 17 COMMISSIONER MOSER: I would like to amend 18 that motion, and that is authorize Commissioner Reeves 19 to engage into that transaction and not to exceed 25 20 hundred dollars. 21 COMMISSIONER REEVES: And when you say 22 engaging, just to clarify it, since I am a real estate 23 appraiser, we are not authorizing me to appraise the 24 property. 25 COMMISSIONER MOSER: No. Authorizing you 55 1 to -- 2 COMMISSIONER REEVES: To obtain professional 3 services to -- okay. 4 COMMISSIONER MOSER: Not to exceed 25 5 hundred dollars. 6 COMMISSIONER BALDWIN: I like his better. 7 COMMISSIONER REEVES: I'll agree with that. 8 I will second that. 9 COMMISSIONER MOSER: You motioned, I 10 seconded. 11 COMMISSIONER BALDWIN: A motion and a 12 second. And all in favor raise your right hand. Motion 13 carries. 14 MS. GRINSTEAD: Just for clarity are we 15 going with your amended motion and Commissioner Moser's 16 second? 17 COMMISSIONER MOSER: Yeah, his amended 18 motion and my second. 19 COMMISSIONER REEVES: Just so it's clarified 20 we're not hiring me. 21 COMMISSIONER BALDWIN: It was amended. 22 Any further action for this Commissioners' Court 23 session? 24 COMMISSIONER REEVES: No, Sir. Thank you 25 for your filling in today. 56 1 COMMISSIONER BALDWIN: We're history. 2 * * * * * * 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, the Official 4 Certified Shorthand Reporter in and for the Kerr County 5 Commissioners' Court, do hereby certify that the above 6 and foregoing pages contain and comprise a true and 7 correct transcription of the proceedings had in the 8 above-entitled Commissioners' Court. 9 Dated this the 2nd day of March, A.D. 2016. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 12/31/2016 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25