1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, May 23 2016 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BOB REEVES, Commissioner Pct. 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Call To Order 4 4 *** Commissioners' Comments 4 5 1.1 Consider, discuss and take appropriate 6 action for the Court to approve submitting 6 a request to the Texas Department of Agriculture to use the grant fund balance 7 of the Kerrville South Sewer System Phase VI to reconstruct Quail Valley Road due to 8 construction of the sewer system, Pct. 2. 9 1.2 Consider, discuss and take appropriate 13 10 action to proceed with the purchase of tables and chairs for the Hill Country 11 Youth Event Center. 12 1.3 Consider, discuss and take appropriate 25 action to fill a budgeted open position 13 Deputy Clerk in the District Clerk's Office; open position 5/30/16. 14 1.5 Consider, discuss and take appropriate 26 15 action on amendment to and/or revision of the Kerr County Juvenile Detention 16 Facility Policy and Procedure Manual. This includes, but is not limited to 17 approval of the Suicide Prevention Plan with Hill Country MHDD. 18 19 1.6 Consider, discuss and take appropriate 37 action on authorization of filling vacant 20 positions at the Kerr County Juvenile Detention Facility. These are budgeted 21 positions. 22 23 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 38 action regarding the Order Authorizing 4 the Issuance, Sale and Delivery of $5,295,000 in Aggregate Principal Amount 5 of Kerr County, Texas Combination Tax and Surplus Revenue Certificates of Obligation, 6 Series 2016 (Center Point/East Kerr County Wastewater System Project), to be purchased 7 by the Texas Water Development Board; Securing the Payment Thereof by Authorizing 8 the Levy of an Annual Ad Valorem Tax and a Pledge of Certain Surplus Revenues of the 9 County's Parks System; and Approving and Authorizing the Execution of a Paying 10 Agent/Registrar Agreement, Two Escrow Agreements, and all other instruments and 11 procedures related thereto. 12 1.8 Consider, discuss and take appropriate 56 action to renew ACA Reporting and Tracking 13 Service (ARTS) Program Agreement between Texas Association of Counties and Kerr 14 County and have County Judge sign the same. 15 1.9 Consider, discuss and take appropriate 57 action to approve acceptance of a donation 16 of $10,000 from Kerr Crime Stoppers to the Sheriff's Office to purchase 6 tasers and 17 20 cartridges. 18 1.10 Consider, discuss and take appropriate 62 action to request that the City of 19 Kerrville waive or reduce the building permit fees associated with the Kerr County 20 Jail expansion. 21 1.11 Consider, discuss and take appropriate 73 action regarding appointing a new member 22 to Kerr County Emergency Services District #1 to fill an unexpired term. 23 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.12 Consider, discuss and take appropriate 74 action on approving Order for mandatory 4 hook-ups for property owners with the Center Point/East Kerr county Wastewater 5 Project area. 6 1.13 Consider, discuss and take appropriate 81 action on implementation of the burn ban. 7 1.14 Consider, discuss and take appropriate 82 8 action regarding the approval for the submission of a Hazard Mitigation Action 9 Planning Grant and authorization of the procurement of a consultant to write the 10 application and plan. 11 1.15 Consider, discuss and take appropriate 91 action to introduce a new 4-H Agent 12 applicant. 13 1.19 Consider, discuss and take appropriate 92 action to reallocate funds from 2014 14 Certificate of Obligation to Sheriff Department Communications. 15 1.20 Consider, discuss and take appropriate 94 16 action to review Floodplain enforcement policies. 17 4.1 Pay bills. 100 18 4.2 Budget Amendments. 102 19 4.3 Late Bills. 103 20 4.4 Approve and accept Monthly Reports. 103 21 4.5 Auditor Reports. 104 22 5.1 Reports from Commissioners/Liaison 104 23 Committee Assignments as per attachment. 24 5.2 Reports from Elected Officials/Department 104 Heads. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 5.3 Reports from Boards, Commissions and 108 Committees. 4 a). City/County Joint Projects or Operations Reports. 5 b). Other. 6 1.15 Consider, discuss and take appropriate 108 action to introduce a new 4-H Agent 7 applicant. 8 *** ADJOURNMENT 110 9 * * * * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 JUDGE POLLARD: All right. It's Monday, May 2 the 23rd, 2016, Kerr County Commissioners' Court is in 3 session. Commissioner Reeves will lead us in the prayer 4 and the pledge. 5 (Prayer and Pledge of Allegiance.) 6 THE COURT: All right, this is the part of 7 the agenda where persons wishing to speak to 8 Commissioners' Court on items not listed on the agenda, 9 that are not items on the agenda please step forward, 10 identify yourself, state your address, and limit your 11 comments to three minutes. Is there anyone? 12 There being no one we'll go to the next 13 item, which is Commissioners and County Judge may use 14 this time to recognize achievements of persons in their 15 precincts or to make comments on matters not listed on 16 the agenda. 17 COMMISSIONER BALDWIN: No, thank you, Judge. 18 JUDGE POLLARD: Mr. Moser. 19 COMMISSIONER MOSER: There's a couple of 20 things that involve the whole community of one that 21 happened, one that's going to happen, and one that might 22 happen, okay. The one that happened, Commissioner Letz 23 and I had a couple of meetings in the Center Point -- on 24 the Center Point/East Kerr County Wastewater System, and 25 this was with property owners that have easements of 7 1 which there are 70. Good meetings, good turn out. 2 Hopefully we'll get all those easements acquired and 3 we'll move on, but there's a lot of interest and a lot 4 of support for that. 5 The thing that is going to happen is this 6 afternoon at one o'clock a workshop on the flood warning 7 system, that is taking place, we've invited all the 8 Commissioners' Court, the City of Kerrville, Council, 9 City of Ingram, UGRA, so I think it's going to be a 10 broad spectrum of people with a lot of interest. And 11 something, you know, that is going to be more and more 12 apparent that we can do it. 13 And then the other thing is something that 14 might happen when the City annex Martin Marietta. I 15 think Martin Marietta has 60 days by with which to 16 respond to that. And so there's been a lot of quiet, 17 I'll just put it that way, by Martin Marietta so 18 hopefully that will all get resolved, and we can have 19 that land excavation operation out there look as nice as 20 possible. So that's it. 21 JUDGE POLLARD: Okay. And if it is annexed 22 into the City, the City would then decide whether or not 23 they could prepare for the off river water storage thing 24 that the county's been talking to them about. They 25 would be in charge of that. 8 1 COMMISSIONER MOSER: Yeah, I guess in 2 simple, yeah there's two things. One the existing 3 gravel pit, and the other one is the one that's planned, 4 okay. And so the existing one that really doesn't 5 pertain to the annexation, that's separate, further 6 east. 7 JUDGE POLLARD: Okay. I don't have anything. 8 COMMISSIONER LETZ: Nothing, Sir. 9 COMMISSIONER REEVES: I just on a somber 10 note, and I think most of you may have heard, Kerr 11 County lost a great ambassador this past weekend, if you 12 have had a Chamber of Commerce event, you always saw Rae 13 Haynie out there. And just our prayers for Dub and the 14 family. 15 JUDGE POLLARD: Fantastic lady, wow. Okay. 16 Let's move on to item one 1.1 on the agenda, 17 consider, discuss and take appropriate action for the 18 Court to approve submitting a request to the Texas 19 Department of Agriculture to use the grant fund balance 20 of the Kerrville South sewer system phase six to 21 reconstruct Quail Valley Road due to construction of the 22 sewer system. Mr. Hastings. 23 MR. HASTINGS: Thank you. The final phase 24 of construction of the Kerrville South sewer system is 25 about 90 percent complete. They just lack putting the 9 1 generator in as a final cleanup. There's currently a 2 Texas Department of Agriculture grant fund balance of 3 $34, 611.00 and the County grant fund match of $2254.48 4 of the 25 thousand dollars match commitment. The Fund 5 Balance will go back to Texas Department of Agriculture 6 if it's not used on this project. Quail Valley Road is 7 in need of reconstruction due to the heavy equipment 8 that was used to construct the sewer system. In some 9 instances the grant recipient such as Kerr County, us, 10 may perform construction work under what is generally 11 known as a force account. And that's what we're going 12 to be asking your approval for to submit a force 13 account. That grant recipient decides not to contract 14 out the work but actually performs it in house, using 15 its own employees, and that's what we're proposing here. 16 The use of force account must be approved by TDA, even 17 if the grant recipient will not claim the grant as 18 reimbursement or matching funds to ensure that the grant 19 recipient has the capacity to complete the project in 20 house. If authorized by the Court, and approved by TDA, 21 Kerr County Road and Bridge work force would be 22 reimbursed for repairing Quail Valley Road. The 23 estimated in-house material and labor cost are 24 $18,539.00 for the material, and the labor is $25,748 -- 25 $25,748.00 for a total of $44,287.00 which means if the 10 1 force account request is approved by the Court, and it's 2 approved by TDA, we would be eligible for full 3 reimbursement on the materials and partial on our labor. 4 And the balance of the labor would be used -- of our 5 labor would be used to satisfy that grant match, the 6 $2,254.48 of grant match. 7 The deadline for all of the work to be 8 completed, and the project closed out is November 23rd, 9 2016. So we've got time, this summer. Right now we 10 would have this work scheduled to begin October 1, we 11 could begin it earlier if weather permits and if we're 12 available. But right now our schedule is planned -- 13 we're planning on starting it October 1, if it's 14 approved by y'all. And if for any reason we can't get 15 that work completed by that deadline. Then we would 16 abandon and not seek reimbursement, let that project 17 close out, we're still going to do the work anyway. The 18 road needs to be done, it's our road. This is simply an 19 opportunity to get reimbursed for work we plan on doing 20 anyway. 21 Road and Bridge request the Court to 22 authorize submittal of a request to the Texas Department 23 of Agriculture to use the grant fund balance of the 24 Kerrville South sewer system phase six to reconstruct 25 Quail Valley Road due to construction of the sewer 11 1 system, and we're specifically requesting that the Court 2 authorizes the Judge to sign that paperwork to the grant 3 fund, if y'all approve us using the force account. 4 COMMISSIONER MOSER: Comment. Oh, go ahead. 5 COMMISSIONER BALDWIN: Before these programs 6 started Quail Valley was a pretty good county road. It 7 had been done -- it had been redone recently within the 8 last couple of years, I think. 9 MR. HASTINGS: That's right. 10 COMMISSIONER BALDWIN: It was a pretty good 11 read and then we've had two projects happening, we're 12 closing out one and then one earlier, and it's like a 13 damn goat trail down there now, and I don't think 14 anybody's going to step up and fix it like they should, 15 so it's going to fall back on us, and I think Charlie's 16 plan is the route to go. There's leftover money and 17 possibly the Department of Agriculture will give us 18 permission to use that. And that's not really in my 19 precinct. I'd really be angry if it was in my precinct. 20 COMMISSIONER MOSER: Well, the road's got to 21 be redone at some point. And this is an opportunity to 22 get funds, most all the funds, required to do it, and 23 get all the funds for the material, so I move for 24 approval. 25 COMMISSIONER BALDWIN: Second. 12 1 JUDGE POLLARD: It's been moved by 2 Commissioner Moser, seconded by Commissioner Baldwin for 3 approval of item 1.1, and that is to submit the request 4 to the Texas Department of Agriculture to use the grant 5 fund balance of the Kerrville South sewer system phase 6 six to reconstruct Quail Valley Road due to the 7 construction of the sewer system. Is there any further 8 comment or questions about it? 9 COMMISSIONER REEVES: One question, Judge. 10 Mr. Hastings, by using this grant will we be insured at 11 least that the repairs to Quail Valley be equal or 12 better than what our county road specifications are? 13 MR. HASTINGS: Yes. 14 COMMISSIONER REEVES: They won't be below 15 that? 16 MR. HASTINGS: They won't be below. 17 JUDGE POLLARD: Charlie, you mentioned there 18 was one thing left to install or complete on it. 19 MR. HASTINGS: Yes, Sir. 20 JUDGE POLLARD: Is this Fund Balance you're 21 talking about after that's done? 22 MR. HASTINGS: Yes, Sir. 23 JUDGE POLLARD: Okay. So that part's going 24 to be paid for and then the remaining fund balance is 25 what you mentioned? 13 1 MR. HASTINGS: Yes, Sir. 2 JUDGE POLLARD: Thank you. Any further 3 comments or questions? Those in favor of the motion 4 signify by raising your right hand. It's four zero, 5 unanimous. 6 1.2 consider, discuss and take appropriate 7 action to proceed with the purchase of tables and chairs 8 for the Hill Country Youth Event Center, Commissioners 9 Letz and Reeves. 10 COMMISSIONER LETZ: I'll make a brief 11 comment and turn it over to Jake Williamson. Forever 12 since we built the new facility we talked about getting 13 new tables and chairs and we've been looking at it, and 14 it turned out to be a much more difficult task than I 15 thought it would be trying to find tables and chairs 16 that work within our budget. The auditor handed out a 17 sheet earlier, and which is really not for this agenda 18 item, but if you look at that agenda item under exhibit 19 hall indoor arena there's currently $160,295 in there, 20 so the funds are available. This is one of the things 21 that we talked about needing. Though I mean I just 22 wanted to point out what was handed out for another 23 agenda item. 24 Jake, why don't you go over what you found, 25 what are you recommending. 14 1 MR. WILLIAMSON: Good morning, Your Honor, 2 Council. As you see before you, a little bit of it, I 3 could elevate it if you would like. What we've been 4 doing is going out and trying to find a feasible and 5 suitable investment opportunity for chairs, for when we 6 have banquets, fundraisers, things that require or the 7 public would demand more than a metal folding chair for. 8 It helps sell the facility and we can generate more 9 income by having these so it's an investment that we 10 rent the tables and chairs that people already have been 11 renting elsewhere, and having delivered to the facility 12 for their events. 13 So in doing this we went out to a lot of 14 vendors, local, national people I've worked with before, 15 trying to find, you know, relevant pricing and what 16 people have, and what they're willing to negotiate with. 17 We found locally a good supplier that has tables and 18 chairs available. The tables, I am talking about round 19 tables, they're six foot round, 72 inches in diameter. 20 That way you can fit ten people around them. They're 21 great for weddings, any sort of banquet or boxing in a 22 match where you can put people around a ring and get 23 them in groups. Sell table space, really just liven up 24 an atmosphere. It's a great way to just bring that 25 added value to the exhibit hall. So with that we of 15 1 course need storage space. A lot of people have tables 2 that are permanent, you know, cafeteria style, things 3 like that that don't need to be moveable. So there's 4 only a certain amount of vendors that do these folding 5 tables and we found those and we have pricing on them as 6 well, or at least a bottom dollar amount. 7 So we're just asking for approval, you know, 8 if anybody would like to try, we could have the one, the 9 value chair, is much like what everybody's sitting on in 10 here except it's vinyl instead of fabric. It's a new 11 style, easier to clean, things of that nature. And then 12 another one, this is the next step up, this chair is a 13 little more sturdier and stout. You can really tell 14 that it has that design that is a formal design. You 15 know more commonly seen in banquets and wedding 16 settings. So that's just what we've been looking at, 17 and we have pricing from multiple vendors for the lowest 18 pricing we can get. 19 COMMISSIONER MOSER: Jake, a couple of 20 questions. You said that right now we have people bring 21 those chairs in, and that whoever is using the facility 22 rents them? Have you done anything to look at, okay, 23 here's the -- here's what we're paying for these, and 24 when we'd recover that cost? 25 MR. WILLIAMSON: Sure. It's based on normal 16 1 chairs are metal folding chairs people rent them from 2 either a dollar to a dollar ten per chair. Whereas 3 these chairs typically go for a dollar fifty to a dollar 4 seventy-five for a chair. So per use they're all -- it 5 comes pretty quick. These are $24.25 a chair, so -- 6 JUDGE POLLARD: The more expensive one? 7 COMMISSIONER MOSER: So when will you based 8 on what you think the projected use of the facility is, 9 when would you recover the cost of those chairs? 10 MR. WILLIAMSON: Within a year. 11 COMMISSIONER MOSER: Within a year. 12 MR. WILLIAMSON: Within a year. 13 COMMISSIONER MOSER: Oh, is that right? 14 MR. WILLIAMSON: Right now we already have 15 enough weddings, things on the books looking forward to 16 next year that I would cover the cost -- that would 17 cover the cost. 18 COMMISSIONER MOSER: And then my next 19 question the durability. Obviously people are going to 20 tear them, step on them. It looks like they are 21 repairable. 22 MR. WILLIAMSON: They are. The vinyl is 23 repairable. Any tear usually most vendors can fix for 24 about 30 dollars, so they're more than the chair itself. 25 So unfortunately it's easier to throw away an item, but 17 1 we have done research that they would be in stock, it's 2 not a discontinued item, things of that nature where we 3 could get a replacement chair. 4 COMMISSIONER MOSER: On the more expensive 5 chair, you think you could recover the cost within about 6 a year? 7 MR. WILLIAMSON: Yes, Sir. 8 COMMISSIONER MOSER: Probably about the same 9 thing, you probably lease it for less -- 10 MR. WILLIAMSON: Exactly. 11 COMMISSIONER MOSER: -- I would assume. So 12 both of them, either one of them, you could -- your 13 projection, not holding you to it -- 14 MR. WILLIAMSON: Yeah, the projections would 15 be -- 16 COMMISSIONER MOSER: -- you recapture the 17 investment in about a year. 18 MR. WILLIAMSON: Not only recapture the 19 investment, save our client's money. They're paying 20 damage deposits, delivery fees to other vendors. 21 Whereas we could alleviate that, have them on site and 22 generate more business. 23 JUDGE POLLARD: Makes sense. What's the 24 price differential between the two chairs? 25 MR. WILLIAMSON: This chair is $17.98, and 18 1 this chair is $24.25. 2 COMMISSIONER LETZ: I've sat in both. 3 There's more than a seven dollar difference. 4 JUDGE POLLARD: Well, over half the people 5 the size of Commissioner Baldwin and myself. 6 COMMISSIONER BALDWIN: I knew this was 7 coming. I knew it. 8 JUDGE POLLARD: I'm in there with ya. 9 COMMISSIONER BALDWIN: I'm prepared to talk 10 about it, too. Letz, you don't need to be testing 11 anything, we need to be testing it. 12 COMMISSIONER LETZ: I figured if it wasn't 13 comfortable for me it certainly wouldn't be comfortable 14 for you. 15 COMMISSIONER BALDWIN: I see, you were 16 thinking about us the whole time. 17 COMMISSIONER LETZ: The whole time. 18 COMMISSIONER MOSER: Some of us bring their 19 own padding. 20 COMMISSIONER LETZ: What are the price of 21 the tables? 22 MR. WILLIAMSON: The price of the tables are 23 $179.99 a piece. This does not include freight or carts 24 for them. 25 COMMISSIONER MOSER: I have a question on 19 1 the tables. You said six foot will seat ten people? 2 MR. WILLIAMSON: Yes, I -- 3 COMMISSIONER MOSER: So I would think -- hu? 4 MR. WILLIAMSON: Yes, I am sure. There's 5 two size of round tables. There are five foot or six 6 foot, and five foot tables fit 8 people around, and 7 whereas the six foot -- 8 COMMISSIONER MOSER: Okay, was thinking it 9 was the 8 foot seats the ten people, but I'll go with 10 what you're saying. Okay. All right. 11 COMMISSIONER LETZ: And how many are you 12 recommending? 13 MR. WILLIAMSON: I'd recommend that we go, 14 you know, as the numbers are there we have the funds, 15 I'd recommend that we go for probably a thousand chairs 16 and a hundred round tables. That way we can fill the 17 exhibit hall and have a large wedding. Whereas 18 currently with the current 500 chairs and tables we 19 have, we can't have that. 20 JUDGE POLLARD: The total cost would be? 21 MR. WILLIAMSON: The total cost including 22 freight, dollies, total investment $45,270.76. 23 COMMISSIONER MOSER: And you have storage 24 space for all this? 25 MR. WILLIAMSON: It can be made available. 20 1 We could have a little bit of access in the one storage 2 room, and there's another storage facility. 3 COMMISSIONER MOSER: So your answer is yes? 4 MR. WILLIAMSON: Yes. 5 COMMISSIONER BALDWIN: Is this money that 6 we're looking at here the 160, are there other things? 7 COMMISSIONER LETZ: There's one other large 8 item which is a dividing door, which is in the price 9 range of a hundred and twenty thousand, which you 10 know -- and then there as another agenda item, I don't 11 think it's on today's, but we will discuss -- maybe it 12 is on the -- Brenda, is that on the agenda today about 13 reallocating more of these funds or -- 14 MRS. DOSS: No; just the particular amount. 15 COMMISSIONER LETZ: Okay. We'll put it back 16 on the agenda. I think we need to go through and based 17 on the recommendations we need to dedicate these funds, 18 decide exactly what's going to be done. Some of this 19 can be used to offset some budget items for next year. 20 I think that there's a hundred and 75 thousand currently 21 unallocated, and the auditor feels that that is not 22 where that money should be listed is unallocated, it 23 needs to be designated for something, and this money was 24 out of CO's. And the intent is for that money to be 25 spent for the purposes we said it was going to be spent 21 1 for. So we need to be careful where we allocate it. It 2 can be allocated for the ones that I'm hearing that know 3 that it's there's, the Sheriff's Department, of course 4 he found it right away, Road and Bridge is listed as a 5 source, and then the Hill Country Youth Event Center. 6 Those are the primary ones. 7 COMMISSIONER BALDWIN: Well, my only 8 question is there enough money -- 9 COMMISSIONER LETZ: Yes. 10 COMMISSIONER BALDWIN: -- to buy these 11 things that we're talking about today? 12 COMMISSIONER REEVES: And part of the money 13 is coming from Spectrum, is it not? 14 COMMISSIONER LETZ: Oh, we're under an 15 obligation to spend two hundred and -- 16 MRS. DOSS: Second page of your sheet. 17 COMMISSIONER LETZ: A total of a hundred and 18 88 thousand. Is that the number? 19 MRS. DOSS: That's County, and then right 20 above that is the balance of what Spectrum, their 21 contribution. 22 COMMISSIONER LETZ: We're obligated to spend 23 at the Hill Country Youth Event Center an additional two 24 hundred 13 thousand, plus or minus. Two hundred and 13 25 thousand. And this would be part of that. 22 1 COMMISSIONER REEVES: Of which I guess my -- 2 JUDGE POLLARD: That's the contract with 3 Spectrum? 4 COMMISSIONER REEVES: But my point Spectrum 5 is providing for when they signed on after transition 6 cost about 57 thousand dollars in capital assets. 7 They've already through the kitchen and everything spent 8 about 31, so there's still 25 of this money that is 9 actually coming from the management group. 10 COMMISSIONER LETZ: Yeah. 11 COMMISSIONER MOSER: Well, that's what's 12 available to come, 25. 13 COMMISSIONER LETZ: Yeah. 14 COMMISSIONER MOSER: So part of this 15 expenditure be from the 25? 16 COMMISSIONER LETZ: It's our choice how we 17 allocate it. I mean it doesn't make a whole lot of 18 difference where it comes from, but the answer is yes, 19 there are funds already allocated for these purchases. 20 COMMISSIONER MOSER: Okay, sounds good. 21 COMMISSIONER LETZ: Bob and I have talked 22 about it before, between 800 and 9 hundred thousand. 23 COMMISSIONER REEVES: I feel that based on 24 some of the events that we're not getting, we should go 25 with the hundred chairs and thousand sitting -- 23 1 COMMISSIONER MOSER: A hundred tables and -- 2 COMMISSIONER REEVES: Yeah, a hundred 3 tables and a thousand chairs. 4 COMMISSIONER LETZ: Is that a motion? 5 COMMISSIONER REEVES: That is a motion. 6 COMMISSIONER LETZ: I'll second the motion 7 to purchasing that hundred tables and a thousand chairs 8 based on the recommendation of Jake Williamson. 9 COMMISSIONER MOSER: Wait. A hundred tables 10 and those chairs fit within that facility? 11 MR. WILLIAMSON: Yes. 12 COMMISSIONER MOSER: Okay. 13 COMMISSIONER BALDWIN: Would you do me a 14 favor and because I'll bet you there's somebody in this 15 room that doesn't understand that we're not taking money 16 out of the taxes money, out of the general fund, 17 etcetera, where this money's going to come from. 18 COMMISSIONER LETZ: When we built the Hill 19 Country -- well, two sources. When we built the 20 addition of the exhibit hall, we passed a CO, and there 21 were funds allocated in that original CO for items, 22 certain furnishings, and some other items, and 23 they're -- so that money is still available. In 24 addition when we signed the contract with Spectrum, they 25 committed a certain amount of money, and there's -- out 24 1 of that to be invested into the facility, and there's 25 2 thousand left in that source, so this is coming out of 3 either the CO designated fund for the Event Center or 4 from Spectrum's funds they've allocate. 5 COMMISSIONER BALDWIN: So basically this is 6 part of the plan the whole time? 7 COMMISSIONER LETZ: Yes. 8 COMMISSIONER BALDWIN: And we're just now 9 getting around to it. 10 COMMISSIONER LETZ: Yes. 11 JUDGE POLLARD: All right. It's been moved 12 by Commissioner Reeves, seconded by Commissioner Letz 13 that we purchase a thousand chairs and a hundred tables, 14 for the Hill Country Youth Event Center, as described 15 in presentation. Are there any further questions or 16 comments? 17 COMMISSIONER LETZ: Well, estimated cost -- 18 or the cost will be forty-five thousand -- 19 MR. WILLIAMSON: $45,270.76. 20 JUDGE POLLARD: And that includes shipping? 21 MR. WILLIAMSON: Yes, delivered on site. 22 COMMISSIONER MOSER: And that's the higher 23 quality chair? 24 MR. WILLIAMSON: That's the higher quality 25 chair. 25 1 JUDGE POLLARD: All right. Any further 2 discussion or comment? There being none those in favor 3 signify by raising your right hands. It's four zero, 4 unanimous. 5 All right, 1.3 consider, discuss and take 6 appropriate action to fill a budgeted open position 7 Deputy Clerk in the District Clerk's Office. Robbin 8 Burlew. 9 MS. BURLEW: Good morning. Yes, I'm asking 10 for approval because I'm going to have an open position 11 at the end of this week, and so then I want to fill that 12 position starting as hopefully -- 13 JUDGE POLLARD: Who's leaving? 14 MS. BURLEW: Well, Oscar Dominguez is 15 transferring. 16 JUDGE POLLARD: Oh, okay. 17 COMMISSIONER BALDWIN: Does that fit 18 everything, Mrs. Personnel lady? If it's budgeted, not 19 a big deal. I move. 20 COMMISSIONER MOSER: Second. 21 JUDGE POLLARD: All right, it's been moved 22 by Commissioner Baldwin, seconded by Commissioner Moser 23 that the District Clerk be authorized to fill the 24 budgeted open position in the District Clerk's Office. 25 Any further comment or discussion? There being none 26 1 those in favor signify by raising your right hand. It's 2 four zero, unanimous. 3 Item 1.4 there was a request came in that 4 canceled that by the person that requested it on the 5 agenda, so we skip 1.4. 6 Item 1.5 consider, discuss and take 7 appropriate action on amendment to and/or revision of 8 the Kerr County Juvenile Detention Facility Policy and 9 Procedure Manual. This includes, but is not limited to, 10 approval of the Suicide Prevention Plan for the Hill 11 Country MHDD. Mr. Davis. 12 MR. DAVIS: Good morning, Your Honor, 13 Commissioners. 14 COMMISSIONER BALDWIN: Don't bump into our 15 new chairs. 16 MR. DAVIS: I will not. I won't touch 17 those. 18 JUDGE POLLARD: We know the actual cost. 19 COMMISSIONER BALDWIN: Yeah, we do. 20 MR. DAVIS: I'm going to pass these out, if 21 I may. Four, we'll need one more. This is -- we are 22 required by Texas Juvenile Justice Department standards 23 and by Federal regulation through PREA, which you all 24 are familiar with. We have to on an annual basis 25 approve a Suicide Prevention Plan. That is basically if 27 1 we have a child that is suicidal or makes either through 2 testing, an evaluation assessment or makes a suicidal 3 claim. We in the juvenile detention facility are 4 required to report that and have a mental health 5 professional come in and assess that child to see if 6 there's any -- if they should remain at the facility or 7 should be placed in another facility such as a State 8 hospital. We have had this agreement for a very long 9 time in place with MHDD, Hill Country MHDD, formerly 10 MHMR, the same plan that's been in place, the only 11 change to it is number 15 is, that is new language, that 12 is required by PREA, it's on the last page above the 13 signature line, and that is requiring MHDD staff that 14 come into the building to complete the online training. 15 Its a course basically how to report abuse or neglect 16 within a facility. It is required by Federal 17 regulations that any individual coming in and working at 18 that facility or any volunteers or interns all must 19 complete this course. 20 COMMISSIONER BALDWIN: Trained to do what on 21 how to report? 22 MR. DAVIS: The training is online training 23 that basically short version is if they see something or 24 hear something that they believe is abuse or neglect, 25 the proper avenue for reporting that. 28 1 COMMISSIONER BALDWIN: Okay, thank you. 2 MR. DAVIS: That's the only change to this. 3 I would ask for approval of this, with the understanding 4 that there have been some very significant changes in 5 operation of Hill Country MHDD. They have had this 6 document for a couple months now, and as of this point 7 they have not agreed to sign it. All of our operations 8 with MHDD have been greatly affected. They are changing 9 the services they're providing. If in fact they do not 10 sign this and the last e-mail I got on this was Friday 11 afternoon saying we're still reviewing it. If they 12 don't agree to sign it, I'm going to have to come back 13 before this Court and we're going to have to probably 14 try to find a private vendor to contract to provide 15 those services where previously we did not have to pay 16 for those services with MHDD. We're kind of in a rough 17 spot here, because we have to have someone to provide 18 those services. MHDD has always done this, they haven't 19 given us the go ahead and I'm not sure if they're going 20 to. So I may be back here shortly in a couple weeks 21 with another proposal. 22 COMMISSIONER BALDWIN: Maybe. 23 MR. DAVIS: Pardon. 24 COMMISSIONER BALDWIN: Maybe. So all we can 25 do is what you asked us to do. 29 1 MR. DAVIS: Correct. 2 COMMISSIONER BALDWIN: And I move that we 3 approve his recommendation. 4 MR. DAVIS: Thank you. 5 JUDGE POLLARD: Is there a second? 6 COMMISSIONER MOSER: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Baldwin, seconded by Commissioner Moser that we approve 9 the request as to item 1.5 on the agenda, and that is to 10 amend or revise the Kerr County Juvenile Detention 11 Facility policy and procedure manual, which includes but 12 is not limited to the approval of the suicide prevention 13 plan with Hill Country MHDD. Are there any further 14 comments or discussion? 15 COMMISSIONER BALDWIN: Judge, maybe you can 16 talk a little bit about -- 17 JUDGE POLLARD: I'll be glad to. 18 COMMISSIONER BALDWIN: -- what is happening 19 for us to go through these changes, and the idea of 20 possibly having to go outside and contract. Are there 21 companies running loose out there that do these kind of 22 things? 23 JUDGE POLLARD: There are. Let me just tell 24 you that the Hill Country MHDD has had a new executive 25 director for about what a year and a half now? 30 1 MR. DAVIS: I believe so, Your Honor. 2 Something like that. 3 JUDGE POLLARD: Ross Robinson. And since he 4 has taken over he's going back and reviewing all the 5 policies and procedures over there, and they're going 6 through -- frankly, there's a move under foot to not 7 provide any services unless they're paid for. And there 8 have -- some of these services have been provided to us 9 in the past without us formally paying for them, and 10 we've been put on notice that there's a change coming. 11 And it may even affect our wrap around program for the 12 juveniles. We're not sure how far it's going to go. 13 It's been a kind of a surprise to us, and it's been an 14 unpleasant surprise as a matter of fact. But the County 15 Attorney, myself met with -- I think it was four 16 representatives of Hill Country MHDD, including their 17 attorney, Sherri Hess, and three other staff members. 18 And they were place on notice about all those possible 19 changes, so what you're seeing right here and the way 20 it's being presented kind of maybe and if and and, 21 whatever, and if they sign it, and if they don't we may 22 have to go another route. 23 And there are places that provide these 24 services from a private standpoint. I think it's 25 unfortunate that we have to make this choice, but it's 31 1 not our decision. 2 COMMISSIONER BALDWIN: When you say they are 3 going to make it, who are they? 4 JUDGE POLLARD: It's Ross and -- 5 COMMISSIONER BALDWIN: The Board out there 6 at the State hospital? 7 JUDGE POLLARD: Well yes, Sir. Ultimately 8 it's going to come to the Board of Directors of the Hill 9 Country MHDD. I'm on that Board, and I'm going to have 10 to decline to vote that issue because I have a conflict 11 of interest. 12 COMMISSIONER LETZ: Can you tell me what 13 MHDD stands for. Mental health -- 14 JUDGE POLLARD: Mental Health and 15 Developmental Disabilities. 16 COMMISSIONER LETZ: And it's a State agency? 17 It's a private -- 18 JUDGE POLLARD: It's a stand alone. 19 SHERIFF HIERHOLZER: Used to be MHMR, mental 20 health mental retardation. 21 COMMISSIONER BALDWIN: Which is a State 22 agency. 23 JUDGE POLLARD: But they get a big budget 24 every year and they have their own board and develop 25 their own budget and all of that. And how many in this 32 1 catchment area here? I think it's maybe 14 or 15 2 counties. 3 SHERIFF HIERHOLZER: 13, something like 4 that. 5 MR. DAVIS: It's original mental health 6 authority previously a couple decades ago, such as the 7 CPS system, it was split up into regions, and this is 8 the local region. 9 COMMISSIONER LETZ: But follow-up on 10 Mr. Baldwin's comments, I think where he was going with 11 this. Essentially it's another unfunded mandate coming 12 down out of Austin -- 13 JUDGE POLLARD: Absolutely. 14 COMMISSIONER LETZ: -- where there was a 15 State agency was providing a service for the County, and 16 there's a potential that they may discontinue that 17 service which would mean it would have to be paid by 18 local taxpayers. 19 MR. DAVIS: Yes. 20 SHERIFF HIERHOLZER: And over the last 21 number of years, the State has ranked 49th or 50th out 22 of all the states in funding mental health. It's what's 23 killing jails, it's killing juvenile facilities, all of 24 us. And this is just another way -- I've already been 25 told by State Rep that they seriously doubt they'll be 33 1 much more funding, if any more funding this year. 2 JUDGE POLLARD: It's going to be more 3 pressure. Representative Murr is indicating that due to 4 the situation of oil and gas industry, State revenues on 5 taxes are going to be less, and they're going to be 6 pushin' a lot more unfunded mandates down to the local 7 authorities. 8 COMMISSIONER LETZ: Right. But the reason 9 I'm bringing it up is because by coincidence, I guess, 10 over the weekend, I bet I had half a dozen people, 11 property owners, complaining to me about property tax. 12 And I understand that complaint. But what happens is 13 those complaints go up to Austin as kind of their 14 interpret up in Austin any way as the Lieutenant 15 Governor interprets it as a capping property tax, and 16 they're forcing it down causing us to raise taxes, and 17 yet they're trying to cap it at the same time. And the 18 public needs to be aware of what they're actually doing 19 in Austin. Because they're -- it's not our choice to 20 raise taxes. We're being forced to do it to provide 21 services that are required by law to do. 22 JUDGE POLLARD: And they want to put a cap 23 on it and tell us we can only increase the local taxes 24 by so much. That's going to be a squeeze. What'll 25 happen ultimately is we don't furnish the services to 34 1 the public that we need to. 2 COMMISSIONER MOSER: Well, it makes Austin 3 look good they say no increases in taxes, we're going to 4 cap it so these bad counties can't do it, and by the way 5 we're going to put more burden on you. So it's push it 6 down and -- 7 JUDGE POLLARD: We're in a squeeze. 8 COMMISSIONER LETZ: Sure you don't want to 9 rethink this, Doctor? 10 COMMISSIONER REEVES: Mr. Davis, did I 11 understand you that item 15, which we've been discussing 12 is the only change to this policy? 13 MR. DAVIS: Yes, Sir, that's correct. 14 COMMISSIONER REEVES: And Sheriff, will we 15 be seeing something similar out of your Department as 16 well? 17 SHERIFF HIERHOLZER: Number one, I am not a 18 proponent of PREA, there's too many, and he doesn't have 19 a choice. But the former Governor I said no. But two, 20 we have a totally different Commission, Texas Commission 21 on jail standards that approves all of our policies and 22 procedures in that jail, which have all already been 23 done in the last year, which is our suicide prevention 24 part of it. 25 COMMISSIONER REEVES: This unfunded mandate 35 1 which is a nice way to put it, is because of the 2 juvenile part of it, correct? 3 MR. DAVIS: Yes, Sir. Item 15 is the 4 federal unfunded mandate of PREA. And it is already 5 costing this county's taxpayers thousands of dollars a 6 year and it's only going to get more expensive. And 7 there is literally -- and we're to the point where they 8 say you comply or -- I mean a year and a half ago I had 9 a U.S. Marshal out of San Antonio call me and say I'm 10 the marshal assigned to your area, if you don't comply 11 I'm going to be the individual looking at going to come 12 and investigate you. It's that they're taking it that 13 seriously. We have to comply with it. If we don't, 14 there is civil penalty, there's criminal penalty. 15 Advocacy groups have made it very clear that they're 16 willing to sue any entities that are not willing to 17 comply with the juvenile standards of PREA. We don't 18 have a choice on the juvenile side to comply with that, 19 it's not just criminal penalties, there's civil 20 penalties. The feds are not helping pay for it, the 21 State's not helping pay for it, it's being dumped on the 22 County taxpayer. 23 SHERIFF HIERHOLZER: And it's coming 24 probably the next legislature. They tried to pass it 25 this last one. But part of PREA which is not as active 36 1 in Texas yet, is that where in a lot of your northern 2 states a juvenile is anybody under 18 years of age. In 3 Texas a juvenile is anybody under 17 years of age. Part 4 of PREA requires all 17 year olds to be treated as 5 juveniles, and housed totally separate from your adults, 6 which would quadruple his population, and y'all would 7 have to add on to the juvenile detention facility, 8 because we could not have 17 year olds anymore. And 9 that is part of PREA. And along with everybody has to 10 be housed in -- it's the polite way to put it, in 11 whatever the gender of their choice is for the day, 12 okay. It's how you have to house them. Which will 13 totally destroy County jail systems and juvenile 14 facilities on how they're constructed and built and how 15 they have to do. That's PREA. 16 COMMISSIONER LETZ: Okay. Very good. 17 Getting nervous over there. 18 MRS. STEBBINS: Jason only asked to come and 19 discuss and take appropriate action on the amendment for 20 this policy. 21 COMMISSIONER BALDWIN: So move. I think 22 we -- don't we already have a motion on the table. 23 COMMISSIONER MOSER: I seconded it. 24 COMMISSIONER BALDWIN: Did I make the 25 motion? 37 1 COMMISSIONER MOSER: Yes, you did. 2 COMMISSIONER BALDWIN: Okay, I just wanted 3 to make sure y'all understood. 4 JUDGE POLLARD: The only thing I would 5 request in my agenda package, this thing, this handout 6 you gave us here was not in the agenda package, you 7 handed it out just as we started the meeting. I would 8 ask in the future if it's possible you get them in time 9 to do get them in this -- in the agenda package so we 10 can look at them and study them a little bit ahead of 11 time instead of right here in the meeting. 12 MR. DAVIS: Definitely, Your Honor. That 13 was my error. 14 COMMISSIONER BALDWIN: So we can stay mad 15 all weekend. 16 JUDGE POLLARD: All right. Then the 17 motion's on the floor, and it's been stated. Those in 18 favor of motion signify by raising their right hands. 19 It's four zero, unanimous. 20 Item 1.6 consider, discuss and take 21 appropriate action on authorization of filling vacant 22 positions at the Kerr County Juvenile Detention 23 Facility. Budgeted positions. Mr. Davis. 24 MR. DAVIS: Your Honor, we had one part-time 25 male employee that left a couple weeks ago, he left his 38 1 position. I would like to fill that position. Those 2 are part-time, so there's no guaranteed hours for those 3 individuals. But we do have a slot open and I would ask 4 this Court to fill that slot. 5 COMMISSIONER LETZ: Move for approval. 6 COMMISSIONER REEVES: Second. 7 JUDGE POLLARD: So moved by Commissioner 8 Letz, seconded by Commissioner Reeves for approval for 9 item 1.5 -- 10 COMMISSIONER BALDWIN: 6. 11 JUDGE POLLARD: -- 1.6 on the agenda to fill 12 a vacant position in the Kerr County Juvenile Detention 13 Facility as a budgeted item. Any further comments or 14 questions? There being none, those in favor signify by 15 raising your right hands. It's four zero, unanimous. 16 Thank you very much. 17 MR. DAVIS: Thank y'all. 18 JUDGE POLLARD: 1.7 consider, discuss and 19 take appropriate action regarding the order authorizing 20 the issuance, sale and delivery of $5,295,000.00 in 21 aggregate principal amount of Kerr County, Texas 22 combination tax and surplus revenue certificates of 23 obligation, series 2016, parenthesis Center Point slash 24 East Kerr County wastewater system project, end 25 parenthesis, to be purchased by the Texas Water 39 1 Development Board; securing the payment thereof by 2 authorizing the levy of an annual ad valorem tax and 3 pledge of certain surplus revenues of the County's parks 4 system; and approving and authorizing the execution of a 5 paying agent slash registrar agreement, two escrow 6 agreements, and all other instruments and procedures 7 related thereto. Commissioners Moser and Commissioner 8 Letz. 9 COMMISSIONER LETZ: Mr. Spurgeon. 10 JUDGE POLLARD: Wow. 11 COMMISSIONER BALDWIN: Who wrote that? 12 MR. SPURGEON: Well, we tried to be fairly 13 inclusive, so that you could tell what's going in the 14 order. For the record, I'm Tom Spurgeon. I'm with 15 McCall, Parkhurst & Horton. We've been Ad Council for a 16 good number of years, glad to be here. 17 COMMISSIONER MOSER: There he is. 18 MR. SPURGEON: I'm hoping -- absolutely was 19 hoping that was going to be him. 20 MR. TRAYLOR: But I didn't have my phone. 21 MR. SPURGEON: And he normally precedes me 22 because he normally gives you all the sort of financial 23 details and things like that, so I'm going to pass the 24 bread and do that, and I'll come back up for the formal 25 order. 40 1 COMMISSIONER MOSER: Perfect timing. 2 MR. TRAYLOR: Good morning. Dusty Traylor 3 with RBC Capital Markets. We have the honor of serving 4 as the County's financial advisor, and I'm not exactly 5 sure how far Tom got into this. But from the financing 6 standpoint of the issuance of the certificates of 7 obligation through the Texas Water Development Board we 8 have really good news to report. We got their rates for 9 this issue last week, and the all in TIC, that's when 10 you blend together the interest rates, issuance cost and 11 all that kind of stuff, we're looking at a .9382 12 percentage rate. Just the ARD yield on those 13 certificates of obligation is a .6593. And just to kind 14 of give you an idea on how that really works, water 15 board subsidizes these rates. They put together a scale 16 of interest rates and then they come in and back off 17 each interest rate by about one and a half percent, I 18 believe it is. And so just for FYI, all of the bond 19 maturities that start in 2020 through 2024, there is no 20 interest rate on those -- on those particular 21 maturities, their rate is zero. 22 I was looking at this just yesterday evening 23 going okay, well, what would it look like if we were to 24 actually have gone out into the bond market and issued 25 these just based on the County's credit, normal bond 41 1 market conditions, and these CO's would have been 2 probably about 3.56 percent, if we would have been in 3 the normal bond market. And the savings -- the debt 4 service savings on that is over two million dollars over 5 the life of the CO's, to be able to issue the CO's 6 through the water board versus going out and doing 7 things on our own. So the debt portion of this we're 8 really excited about. 9 We should be able to once Tom and his crew 10 are able to work the documents through the Texas 11 Attorney General's Office, we still have to get that 12 normal approval just like we would on any bond deal off 13 to be able to have this portion closed by about the 20th 14 or 21st of June, and at that time you ought to be able 15 to start making your draws off of these, off of the CO 16 proceeds, through the water board. They'll put the 17 money in escrow, you will submit draw requests for that 18 money periodically as you need to spend down the money. 19 All in all, you know, you got quite a bit of 20 grant, quite a bit of loan forgiveness, but even that 21 portion of this project that is associated with a 22 certificate of obligation issue is a very, very low -- 23 COMMISSIONER MOSER: Dusty, you say like two 24 million dollars of savings -- that's over savings of 25 what amount for that CO? 42 1 MR. TRAYLOR: Well, the CO is -- 2 COMMISSIONER MOSER: About five million 3 dollars. 4 MR. TRAYLOR: It is $5,295,000.00. But for 5 instance if we were to do that same $5,295,000.00 in the 6 traditional bond market, that would have total principal 7 and interest repayment of approximately 5 point -- of 8 approximately 7.8 million dollars -- 9 COMMISSIONER MOSER: Okay. So that -- 10 MR. TRAYLOR: -- over the life. 11 COMMISSIONER MOSER: So that's the two 12 million dollars. 13 MR. TRAYLOR: That's the two million 14 dollars, right. 15 COMMISSIONER MOSER: Okay, got that. 16 JUDGE POLLARD: Actually about two and a 17 half million. 18 MR. TRAYLOR: That's right. 19 COMMISSIONER LETZ: And that's -- I had no 20 idea of the savings were going to be this high, but this 21 is the reason we've been working so hard with the Water 22 Development Board for over ten years now. 23 COMMISSIONER MOSER: And so potential 24 funding availability, you said after June 21st? 25 MR. TRAYLOR: After June 21st is when we 43 1 anticipate closing, and when we anticipate the water 2 board placing the funds in escrow for us to submit draw 3 requests, and then begin to draw the money out. 4 COMMISSIONER MOSER: Okay, good. 5 COMMISSIONER LETZ: And Dusty, we have 6 actually two issues. This is for both of them combined? 7 MR. TRAYLOR: This is both of them combined. 8 There was a $185,000.00 piece that they wanted to do for 9 acquisition and cash type financing, then the rest of 10 5.11 million for the construction loan portion. And we 11 work closely with them, Tom works closely with the water 12 board to get that put into just one transaction, so we 13 didn't have to do -- have one certificate of obligation 14 hanging out there for 185,000, and another out there for 15 the 5.11 million. The 185,000 piece would have had some 16 issuance cost and what not associated with it. Then the 17 issuance cost associated with the 5.295 -- or 5.11, just 18 some economies of scale, put those into one certificate 19 of obligation issue. 20 COMMISSIONER MOSER: The June 21st that's a 21 good -- there's a lot of moving parts to this project, 22 you know. The financing, the easement acquisition, the 23 engineering and they all have to fall in place, and 24 there's not a lot of margin in the schedule. Critically 25 important. 44 1 JUDGE POLLARD: This $5,295,000.00, is that 2 the County's portion of this project? 3 COMMISSIONER LETZ: Yeah. Yes. 4 JUDGE POLLARD: And total project is 5 costing -- 6 COMMISSIONER LETZ: 33 million of this phase 7 of it. 8 COMMISSIONER MOSER: Phase one, right. And 9 then there's another ten million dollar phase. 10 JUDGE POLLARD: All right. And then the 11 language in item 1.7 it says authorizing the levy of an 12 annual ad valorem tax. 13 COMMISSIONER LETZ: And I think, and correct 14 me one of the two of you, I'm sure you will. My 15 understanding is that there is no wastewater project 16 yet, so there is no revenue coming in yet. The intent 17 so we have to pledge an ad valorem tax, and the TARS tax 18 can go into that part of it. But the intent is that the 19 revenue to pay back -- 20 JUDGE POLLARD: But we have to front it. 21 COMMISSIONER LETZ: We have to front it, but 22 they -- it'll come off of the debt service that we will 23 charge the -- 24 COMMISSIONER MOSER: To show that we're 25 capable of doing it. 45 1 COMMISSIONER LETZ: So the net effect of the 2 intent -- the net effect is that the taxpayers -- the ad 3 valorem taxpayers will not be paying this debt, it'll be 4 paid basically revenue from the system. 5 JUDGE POLLARD: Although, they're going to 6 be initially taxed for it? 7 COMMISSIONER MOSER: No. No. It just says 8 that we guarantee this to ad valorem taxes and through 9 parks and other assets. 10 COMMISSIONER LETZ: A hundred percent of the 11 amount will be paid for by the users. 12 MR. SPURGEON: And Judge, we initially went 13 to the Water Development Board and presented them with 14 an order that would be a straight revenue. The water 15 Development Board essentially came back to us and said 16 it's a new system you have no revenues. They really 17 were essentially demanding a combination tax and revenue 18 transaction. That's why we've gone the CO route. But 19 the Commissioner is correct. I mean there's no 20 intention that you would ever have to levy a tax, but 21 it's there. If -- if that occasionally occurs. 22 JUDGE POLLARD: And then I see that we're 23 pledging certain County's park system. 24 MR. SPURGEON: Okay, this is the odd part of 25 this. And certificates of obligation, in order to sell 46 1 what we call selling it for cash, which means you're 2 able to sell these just like you would a regular bond 3 issue and receive all the proceeds at closing, and then 4 use them as you need, the CO act says you have to levy 5 or pledge a source of revenues for what you're able to 6 pledge to any other type of debt. 7 It's kind of an old provision, this law 8 started back in 1971, and things like that probably 9 ought to be one of these things that need to be cleaned 10 up at some point. But because the sewer system, this 11 new system out there has no revenues, we have to attach 12 another source of revenue that the County is able to 13 pledge for another type of debt. Counties don't have a 14 whole lot of extra revenues other than ad valorem taxes. 15 Particularly revenues that where the law allows you to 16 pledge them for another purpose. So in Kerr County 17 we've been using your park system pledge, even though 18 it's not necessarily a positive revenue stream. But it 19 is a legal source in order for us to be able to sell the 20 CO's for cash. So there's no intention to use the park 21 system revenues for this. 22 The intention is, and the order is written 23 that when you do start receiving revenues from the 24 system out there, it will be used for purposes of paying 25 the -- not only O and M cost for the system, but also 47 1 for the debt portion of this. This is all similar to 2 what you do with your CO or your CO issue in 2012, I 3 think it was '12, where you did planning funds, and we 4 did the exact same situation. 5 COMMISSIONER MOSER: Precisely. It's like 6 you were borrowing money on a business and it's not 7 generating any revenue you gotta put something up and 8 say we can pay it back. 9 MR. SPURGEON: That's right. 10 JUDGE POLLARD: As collateral. 11 COMMISSIONER MOSER: As collateral. 12 MR. TRAYLOR: And another thing I'll point 13 out on the structure of these CO's. The water board is 14 allowing us to push out the payment of the principal 15 portion of this until 2020, at which time we suspect 16 we're going to be completed and have an actual system 17 out there to which we'll be able to collect revenue. So 18 the debt service that the County will pay between now 19 and 2020 will be limited to just the interest, the 20 annual interest requirements. And in the next three 21 years it works out to the 20, 25 and 30 or so thousand 22 dollars per year, which is a fairly minimal amount. 23 COMMISSIONER MOSER: And put that in 24 perspective. The one I've been looking at is start 25 construction this fall and probably finish within two 48 1 years, something like that, which would be 2018. So 2 that's all consistent with this. 3 JUDGE POLLARD: Probably wouldn't hurt 4 anything for restatement of why this project is being 5 done and the benefit to east Kerr County is, a 6 restatement of that and a reminder. Do you want to take 7 hold of that, Mr. Letz. 8 COMMISSIONER LETZ: Let me look at some 9 other notes real quick and see if I can find some. 10 MRS. STEBBINS: Are you looking for the 11 contract? I have it. 12 COMMISSIONER LETZ: I found it. The purpose 13 of this -- I'm trying to -- easier than reading. This 14 area of the County was identified as an area at risk 15 from pollution in the Guadalupe River essentially. And 16 the funding came through as a -- through the State Clean 17 Water State revolving funds where the funds are actually 18 coming from Federal funds. We did -- we through our 19 consultants and attorneys for the Environment Health 20 Department have done a number of studies out there. 21 This is a disadvantaged area economically so we have 22 some economic disadvantaged funds that are into it, and 23 has also been declared a nuisance by the Texas 24 Department of Health, which elevates it to a little bit 25 higher standard is one of the reasons we were able to 49 1 get so much grant funding into the project. But the 2 issue is the same reason we're pursuing this is that we 3 did the Kerrville South project. That was more Camp 4 Meeting Creek we were trying to clean up. Now we're 5 trying to protect the whole Guadalupe watershed. And 6 all the documentation and evidence shows that the small 7 lot sizes and the high density of people, is putting 8 that river at risk in these areas. So this is that 9 project to get all the smaller lots, which we are or 10 will be designated today at one acre or less off the 11 septic systems and onto a central sewer system and the 12 sewer will be treated at the Kendall County WCID in 13 Comfort. 14 COMMISSIONER MOSER: And the thing to add to 15 that the first run at this was Kerrville South. We put 16 two hundred properties off of septic systems and making 17 Camp Meeting Creek the worse polluted stream in the 18 State into a -- well, healthy stream now. Dumps right 19 into the Guadalupe River. This will take about 900 20 properties off of septic systems, and we'll talk more 21 about that later, and do the same thing. And so this is 22 just cleaning up stuff that's going into the Guadalupe 23 River and verified by several State agencies, and Texas 24 Water Development Board says this is the highest 25 priority -- the highest priority project that they have 50 1 in the State. So therefore, they've had satisfied 2 funding of 50 million dollars over two years. This 3 project got 30 million and 50 million. At that -- so 4 that says it's a high priority, and it was just not 5 based on their assessment, it was based on environmental 6 health and our own people and just, okay, high 7 concentration of small lots in Center Point and some of 8 the other areas, which that's what's going to be done. 9 And most of it is with loan forgivingness. 10 JUDGE POLLARD: So the bottom line is that 11 it's -- we're addressing health issues. 12 COMMISSIONER LETZ: Public health. 13 JUDGE POLLARD: Public health in east Kerr 14 County. And if we don't do something like that then 15 East Kerr County will just economically become a real 16 problem. 17 COMMISSIONER LETZ: Well, to protect public 18 health, and this is a tool to do that. 19 COMMISSIONER BALDWIN: You know, it boggles 20 my mind to see how anyone could go against doing this. 21 I mean I was looking at some of y'all's conversations 22 over the internet over the weekend and at your meeting, 23 big meeting, there was a engineer type fella, which 24 engineers are kind of screwy, you know. 25 COMMISSIONER MOSER: Uh-huh. I know. 51 1 COMMISSIONER BALDWIN: But his deal, he 2 started quoting Bob Dillon. And he started quoting Bob 3 Dillon, and I thought my God what have y'all gotten into 4 down there. So I wrote him a note and quoted him a 5 little Bob Dillon and settled him down a little bit. 6 COMMISSIONER MOSER: Well, we appreciate 7 that. 8 COMMISSIONER BALDWIN: There's some strange 9 stuff going on down there. But the bottom line is down 10 there is that we're cleaning up the system, period. And 11 I appreciate that. 12 COMMISSIONER LETZ: And on another side, I 13 think that -- I think that our location in the state and 14 headwaters of the river are very important. And there's 15 another similar project going into -- I think a lot of 16 us are very familiar with Leakey and the Frio River. 17 And an exact same type system is going into Leakey right 18 now, too. They're the other -- they received another 19 big chunk of the money, or actually they get it next 20 year and some this year. But they -- I think probably 21 saw what we were doing first, and the Nueces River 22 authority has kind of spearheading that project. But 23 because of our location, our soils are very poor for 24 septic, and the water quality is very, very important 25 for public health. 52 1 COMMISSIONER MOSER: I guess to put it into 2 perspective water comes out of the hill from the west 3 clean and as it passes through this area it gets 4 polluted. So this is just taking care of the pollution. 5 COMMISSIONER BALDWIN: I hadn't thought of 6 it, but that's quite good. 7 COMMISSIONER REEVES: Okay. So again 8 summarize we got a 30 plus million dollar project. 9 We're needing to borrow five point three million 10 dollars. And did I understand less than one percent 11 interest? 12 MR. TRAYLOR: Yes, Sir. 13 COMMISSIONER REEVES: And we don't have to 14 start repaying the principal until 2020, of which time 15 the revenue will be there to -- 16 COMMISSIONER MOSER: We start getting 17 revenue in probably 2019. 18 JUDGE POLLARD: And due to the public health 19 problem, this was not an elective thing. This is 20 something that we were mandated to try to do for the 21 public health. Okay. That's kind of an overview of all 22 of this. 23 COMMISSIONER LETZ: Tom, what do we need 24 to -- tell us what we need to approve. 25 MR. SPURGEON: The only thing you needed to 53 1 do is approve the formal order that the Judge read 2 earlier. Let me just point out one thing that Dusty had 3 mentioned, and combining this into one issue and doing 4 that for the reasons of saving cost. The Water 5 Development Board still wants two escrow agreements. So 6 a hundred and eighty five will go into one, the other 7 five million one ten will go into the other escrow. 8 They'll be kind of be drawn on separately. That all 9 gets coordinated between the County and the Water 10 Development Board. But that's why they seek two escrow 11 agreements. They still need to keep those funds 12 separately, some of EDAP funds, I think 185 portion is 13 EDAP, I'm not sure. But they need to keep them 14 separate. So that's why you have that. 15 But in terms of the formal approval it would 16 be just to approve the order to set all of this in 17 motion. 18 COMMISSIONER MOSER: I want to add one other 19 thing, if I may. CO's are not always the best way to do 20 things like this, because the public doesn't get to be 21 involved. But this is a perfect example, here's the 22 potential of 30 million dollars. If we don't come up 23 with the five million dollars that we need for our 24 portion of it, we don't get it. And then it's going 25 back to the legislature, and the Water Development Board 54 1 and hopefully someday to get it. So it's a timing 2 thing, and the only way to meet that timing is through 3 borrowing the money. Through CO or through some other 4 thing which Dusty mentioned, which would cost a lot 5 more, so this is an appropriate use of a CO. 6 COMMISSIONER LETZ: I'll make that motion to 7 approve the order as read by the Judge during the 8 introduction of the agenda item. 9 COMMISSIONER MOSER: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Letz, been seconded by Commissioner Moser. And I'm 12 going to read it in the record again, just to make sure 13 we understand. 14 COMMISSIONER BALDWIN: Judge, wait. Just 15 before you do, do you want to verbalize the breaking out 16 of the two that -- 17 MR. SPURGEON: It's already in there. 18 COMMISSIONER BALDWIN: It already is in 19 here. 20 MR. SPURGEON: Talks about two escrow 21 agreements. It's toward the end it does refer to two 22 escrow agreements. 23 JUDGE POLLARD: It's got another grab all, 24 and it says all other instruments and procedures related 25 thereto to carry out the transaction. That's -- 55 1 COMMISSIONER MOSER: That's a lawyer. 2 JUDGE POLLARD: That's a lawyer part there. 3 COMMISSIONER BALDWIN: You're kidding. 4 Engineers are just like that, though. 5 JUDGE POLLARD: Are they? All right. I 6 knew we'd get around to lawyers before this was over 7 with. All right. All right. 8 Item 1.7 on the agenda is consider, discuss 9 and take appropriate action regarding the order 10 authorizing the issuance, sale and delivery of 11 $5,295,000.00 in aggregate principal amount of Kerr 12 County, Texas combination tax and surplus revenue 13 certificates of obligations, series 2016, parentheses 14 Center Point slash East Kerr County Wastewater System 15 project, end parentheses, to be purchased by the Texas 16 Water Development Board, securing the payment thereof by 17 authorizing the levy of an annual ad valorem tax and a 18 pledge of the County's parks system, and approving and 19 authorizing the execution of a paying agent/registrar 20 agreement, two escrow agreements, and all other 21 instruments and procedures related thereto. 22 Now, was the motion made -- was that the 23 motion made? 24 COMMISSIONER LETZ: Yes, it was. 25 COMMISSIONER MOSER: And the second. 56 1 JUDGE POLLARD: And the second agrees to 2 that. Is there any further discussion? If not those in 3 favor of the motion signify by raising their right hand. 4 It's four zero, unanimous. Thank you, gentlemen. 5 MR. TRAYLOR: Thanks you, guys. It's an 6 exciting project. 7 JUDGE POLLARD: A break would be appropriate 8 at this time. 9 (Recess.) 10 JUDGE POLLARD: Folks, it's time to resume. 11 Let's have decorum in the courtroom, please, it's time 12 to resume. HEY, it's time to resume. 13 1.8 consider, discuss and take appropriate 14 action to renew ACA reporting and tracking service 15 parenthesis ARTS, A-R-T-S, end parenthesis, program 16 agreement between Texas Association of Counties and Kerr 17 County and have the County Judge sign the same. 18 MRS. LANTZ: Good morning, Judge, 19 Commissioners. 20 JUDGE POLLARD: What does ARTS stand for? I 21 just want to remind everybody. 22 MRS. LANTZ: Affordable care act reporting 23 and tracking services. 24 JUDGE POLLARD: That's Obama care, right? 25 MRS. LANTZ: Yes, Sir. 57 1 JUDGE POLLARD: All right, thank you. 2 MRS. LANTZ: This is something the Court did 3 last year at no cost and it went very well and was very 4 easy where we did not have to do any of this reporting, 5 so I'm just asking the Court to do it this coming year. 6 COMMISSIONER BALDWIN: So move. 7 COMMISSIONER REEVES: Second. 8 JUDGE POLLARD: Been moved by Commissioner 9 Baldwin and who was the second? 10 COMMISSIONER REEVES: Myself. 11 JUDGE POLLARD: Commissioner Reeves that 12 item 1.8 consider, discuss and take appropriate action 13 to renew ACA reporting and tracking service, the ARTS 14 program agreement between Texas Association of Counties 15 and Kerr County, and have the County Judge sign same. 16 Are there any further comments or suggestions or ideas, 17 anybody want to express? 18 COMMISSIONER MOSER: No. 19 JUDGE POLLARD: Careful. There being none 20 those in favor of the motion signify by raising their 21 right hand. It's four zero, unanimous. 22 All right. 1.9 consider, discuss and take 23 appropriate action to approve acceptance of a donation 24 of $10,000.00 from Kerr Crime Stoppers to the Sheriff's 25 office to purchase six tasers and 20 cartridges. Those 58 1 the cartridges for the tasers? 2 SHERIFF HIERHOLZER: For the tasers, yes -- 3 JUDGE POLLARD: Okay. 4 SHERIFF HIERHOLZER -- is what they are. 5 Yeah, tasers are over 15 hundred a piece. We'll only 6 purchase six. I was able to come up -- we already 7 purchased ten, and crime stoppers organization had 8 offered a donation. I think -- I don't have the check 9 with me, I guess it's with my secretary. It's ten 10 thousand two hundred and something, to be exact. But 11 that is what it would be used for, and I'm asking for 12 the Court to accept that donation for the purpose 13 stated. 14 COMMISSIONER MOSER: So how many tasers will 15 you have with this, 16? 16 SHERIFF HIERHOLZER: We'll have a total of 17 16. Two will be at the courthouse, warrants will have 18 one or two, and the rest will be on patrol rotating 19 until we can get enough to -- 20 COMMISSIONER MOSER: Are those the ones that 21 you've had, have they been effective? 22 SHERIFF HIERHOLZER: We have not started 23 wearing them yet. I use them in the jail. I think 24 we've had some for years. But until every officer has 25 to do a certification course with them, which we are 59 1 lining up before they can actually wear them. 2 COMMISSIONER MOSER: Certifications 3 including being tased? 4 SHERIFF HIERHOLZER: I have had that happen 5 once, I won't go through it again, but several of them 6 may. 7 COMMISSIONER BALDWIN: Is that part of the 8 training -- 9 SHERIFF HIERHOLZER: Yeah. 10 COMMISSIONER BALDWIN: -- that you get 11 tased? 12 SHERIFF HIERHOLZER: Pretty well, yes. 13 COMMISSIONER BALDWIN: I move for approval, 14 I'd like to see the Sheriff get it. 15 COMMISSIONER MOSER: Second. Second on both 16 of those. 17 MRS. STEBBINS: Are you going to do the 18 training, Buster? 19 COMMISSIONER BALDWIN: I'm the trainer. 20 Fire marshal slash trainer. 21 JUDGE POLLARD: Let's amend the motion to 22 say that Commissioner Baldwin is going to participate in 23 the training also. Would you agree to that amendment? 24 COMMISSIONER MOSER: Yeah. 25 COMMISSIONER BALDWIN: No. I know where 60 1 you're headed with that one. 2 JUDGE POLLARD: All right. It's been moved 3 that the Sheriff's office has requested that we approve 4 that they accept a donation from Kerr Crime Stoppers for 5 the purpose of purchasing six tasers and 20 cartridges 6 for those tasers, the donation is in the amount of -- 7 I'll have to quote the Sheriff, is ten thousand two 8 hundred and something. So that's what's being approved, 9 asked to be approved. 10 SHERIFF HIERHOLZER: The check's already 11 made out, I just didn't bring it with me. 12 JUDGE POLLARD: All right. Any further 13 comments? 14 COMMISSIONER BALDWIN: I got a question. 15 Those things scare me to death. I think they're unsafe. 16 But y'all know more about that than I do. Is there any 17 record or numbers of how many deaths have been -- 18 SHERIFF HIERHOLZER: That are actually 19 caused by the taser, no, there aren't any. 20 COMMISSIONER BALDWIN: So what are you 21 beating around the bush about what actually caused -- 22 SHERIFF HIERHOLZER: You get a lot of 23 accusations that somebody was tased and that's what 24 killed them. And that's not what killed them. 25 JUDGE POLLARD: There was something over the 61 1 weekend about a fella that was killed allegedly. He was 2 tased six or eight times. 3 SHERIFF HIERHOLZER: Well, that's why you 4 need the training. And you need to be certified in how 5 you use them. 6 COMMISSIONER BALDWIN: And maybe when they 7 bounce off the concrete. 8 SHERIFF HIERHOLZER: They're a whole lot 9 safer than the other avenues that you have use of force 10 that you have now especially with the ways things are 11 going. 12 JUDGE POLLARD: But it is part of the 13 training as to how to administer this thing. 14 SHERIFF HIERHOLZER: Yes. 15 JUDGE POLLARD: And how not to go too far 16 and all of that? 17 SHERIFF HIERHOLZER: And we've done some 18 pretty good improvements I think over the last year, so 19 we patrol now does wear body camera that are part of 20 these. Tasers are not just what you think, they're 21 actually little computers. All the data is stored 22 inside of them can be downloaded, and see how it's done 23 and everything else. So it's a very good tool to use 24 that you require in this courthouse. I would much 25 rather use a taser than have to pull a firearm. 62 1 COMMISSIONER BALDWIN: I agree. 2 JUDGE POLLARD: All right. If no further 3 comments or questions, those in favor of the motion 4 signify by raising their right hands. It's four zero, 5 unanimous. 6 Item 1.10 consider, discuss and take 7 appropriate action to request that the City of Kerrville 8 waive or reduce the building permit fees associated with 9 the Kerr County jail expansion. Sheriff Hierholzer. 10 SHERIFF HIERHOLZER: Well, I will let one of 11 the other Commissioners speak on this some. But to give 12 you background, y'all both heard -- or y'all heard last 13 Commissioners' Court the fees from the City of 14 Kerrville. They were broken down into two. The actual 15 permit fee is 55 thousand something, I think, isn't it? 16 I think the Auditor's got that right there in front of 17 her. 18 The permit fee was 55 thousand and 25 19 dollars. But there's another fee, which is the plan 20 check fee of $27,512.50, which gave us a total of 21 82,537. Later on in the bill payment, I have asked and 22 talking to Huser and that on the part of it, the plan 23 check fee is a fee that the City will take the 24 architectural plans, they send them out to a consult 25 team to have them checked and make sure these are right. 63 1 So the City probably has an expense in that that is to 2 get those done. Plus it can take anywhere from eight to 3 ten weeks to get that plan check done. So today in the 4 late bills I have asked the auditor to put that 5 $27,512.50 in there to be paid from the bond issue for 6 the plan check fee. And then I would ask that the 7 Court -- and the rest of it is actually the permit fee, 8 and get with the City and see if something could be 9 worked out on maybe a reduction of the permit fee of the 10 55 thousand. Because I think that is taxpayers either 11 way are paying for it. 12 COMMISSIONER LETZ: Rusty, first on the 23 13 thousand -- 14 SHERIFF HIERHOLZER: 27. 15 COMMISSIONER LETZ: 27 thousand fee. Does 16 the jail commission not review our plans? 17 SHERIFF HIERHOLZER: Yes. 18 COMMISSIONER LETZ: Does -- I mean and that 19 is -- that is the reason for that is that jails are very 20 unique than the average -- would it be architect and/or 21 inspector probably couldn't know the details that are 22 required to build a jail. I mean the reason is it's 23 under the jail standards. We don't have control over 24 how a lot of that's done. It's all done by the jail 25 commission as to how the -- whether the plans are 64 1 approved or not. And I just find it unnecessary to have 2 the City then, or any entity, I'm not picking on the 3 City of Kerrville, any other architect review the plan 4 that has already been reviewed by the State Jail 5 Commission. 6 COMMISSIONER MOSER: Why do we check the 7 checker? 8 SHERIFF HIERHOLZER: The Jail Commission -- 9 and I don't know enough about all of them to really get 10 into it. I know the jail commission, a lot of their 11 checks are under the jail standards, which means you 12 gotta have so many square feet within every cell, okay, 13 of living space. The beds have to be so high off the 14 floor. The ceiling has to be so high. Now, when you 15 get into -- and they do have, you know, construction of 16 the walls has to be so much steal, so much this. It's 17 multipack of all those type of systems that meet those 18 jail standards. Now, if you get into water drainage 19 outside or the contour, a lot of the other issues that 20 the City gets into, I just don't know if you really 21 totally doing a double check, or if some of the area 22 don't cover what the other area is. I'm not into that. 23 I'm not into construction. All I know I'm being told 24 you're in the City of Kerrville, the plan check's 25 required. And jail commission, I have to deal with 65 1 period. 2 COMMISSIONER BALDWIN: Why can't we have a 3 sit down with the City whoever's, and talk about those 4 things. Say those exact same things and see what their 5 response is going to be, you know. How much is the 6 review for their plan check, you know, what is the 7 review, is it the drainage, that's a little steep, if 8 it's for those kind of things. But if it's for -- I'm 9 with Letz if it's, you know -- if it's the amount of 10 concrete or the amount of lighting that they require in 11 the jail cell and things like that, the State can take 12 care of that. 13 COMMISSIONER MOSER: I'm with Buster. It 14 seems like the County engineer could get with the City, 15 appropriate people and look and see what value could be 16 added or what they may be concerned about. I can't 17 imagine that there would be any concern. I mean concern 18 about the foundation, compacting the soil before you 19 build, or drainage, or power availability. It's just -- 20 COMMISSIONER LETZ: I think it needs to be 21 looked into. I don't think the County engineer's the 22 right person. I think he's in a different department 23 and has nothing to do with construction of the building. 24 JUDGE POLLARD: I agree. 25 COMMISSIONER MOSER: It has to do with 66 1 construction and engineering. 2 COMMISSIONER LETZ: Whatever engineer 3 Gondeck hired is the person that should make that -- 4 COMMISSIONER MOSER: That's fine. 5 SHERIFF HIERHOLZER: They hired several. 6 Some were mechanical engineers. Some were -- all 7 different kind. 8 COMMISSIONER LETZ: Maybe Gondeck needs to 9 do it. I don't -- I just have a problem with the 10 taxpayers paying money for something that -- the value 11 of -- 12 COMMISSIONER BALDWIN: 27 thousand dollars. 13 COMMISSIONER LETZ: Of taxpayers' money. 14 And then the building permit fee. Because I don't know 15 -- I don't know the City process. I agree with what you 16 said down at the other end. We need to have a sit down 17 with the City folks, and I would recommend that maybe 18 our liaison meet with the City manager or whoever, you 19 know. 20 COMMISSIONER REEVES: I have talked to 21 Council number 5 regarding this matter. We ran into 22 each other at lunch. And he kind of agrees with us it's 23 all coming out of one pot. His suggestions after 24 talking to City Manager Barton was for us to initially 25 put this in writing, so they can do it. And then have a 67 1 sit down of perhaps liaisons or whoever. Their 2 suggestion is put it in writing in the form of a letter 3 from the Court asking, and then move from there as 4 expediently as we can. I know they have council 5 tomorrow so it won't be on that agenda. It's too soon. 6 But as I said Steven felt just like we do, coming out of 7 the same pocket. 8 COMMISSIONER MOSER: Let me ask about 9 schedule. When does this permitting thing from the 10 City, where does this fall in line with the design and 11 construction? 12 SHERIFF HIERHOLZER: The permit review part, 13 the 27 thousand needs to be done as soon as possible. 14 From what I've been told, it takes at least eight to ten 15 weeks to get it done. Huser's already been accepting 16 proposals from contractors. So everything will be 17 delayed the longer that part is delayed. Okay. 18 JUDGE POLLARD: Well, maybe the request is 19 not only for the waiver of the fees for it, but waiver 20 of the requirement of even filing a report or asking for 21 it, so that they don't incur any expense to either. See 22 what I'm talking about? 23 COMMISSIONER LETZ: I think it's more of a 24 timing issue for us. I mean on the building permit fee, 25 I have no idea what they plan to do with that part. But 68 1 on the plan review, you know, and as Rusty said, it's in 2 the bills to pay it or in the late bills to go ahead and 3 pay that. I'm not sure if the City, if this is at the 4 discretion of the City Manager or not. That's what I 5 was hoping the liaison could meet with the City Manager 6 and at his discretion -- 7 JUDGE POLLARD: I doubt it. You probably 8 have to go to Council. 9 COMMISSIONER MOSER: I doubt it, too. Well, 10 if it's necessary to keep the project moving, you know, 11 we almost have to pay it. But on the same time I'm with 12 Commissioner Reeves, you know, we should prepare a 13 letter, and if we get reimbursed for it, if we have to 14 pay it, you know, there's a way to recapture the 15 payment, we oughta say that in the letter. But I don't 16 think we can hold the project up. 17 COMMISSIONER BALDWIN: We need to know what 18 the plan check is. I mean is it the same thing that the 19 State does, or is it drainage or what is that? And then 20 you know who to talk to. 21 COMMISSIONER MOSER: So I think the letter 22 oughta say something about -- I agree with you. 23 COMMISSIONER BALDWIN: You now how about if 24 I call? About how about a phone call first. Because 25 this will hold things up if we tinker with it too long. 69 1 MRS. STEBBINS: It's probably also 2 compliance with their local building codes that are 3 adopted for building within the City limits. 4 COMMISSIONER MOSER: Say that again. 5 MRS. STEBBINS: Compliance with the building 6 codes adopted for building within the City limits. 7 COMMISSIONER LETZ: I guess my question is, 8 if there was a conflict between the jail standards and 9 the City building codes. The jail standards trump the 10 City in my mind. I mean we have to build it to jail 11 standards. 12 COMMISSIONER MOSER: True. 13 COMMISSIONER LETZ: Why don't we do that. 14 Why don't we deal with this later. 15 JUDGE POLLARD: The way it's worded, we want 16 to send out a letter requesting something right here, 17 and I think that's appropriate. 18 COMMISSIONER LETZ: I agree with that. I 19 just want to get something more definitive before we 20 send the letter out as to what we need to ask for. So 21 they basically -- somebody can get a hold of the City 22 Manager. 23 COMMISSIONER MOSER: I think the letter 24 oughta say that we question the need for this, and 25 therefore to understand what is needed, and what the 70 1 values at it, that we have party A and party B 2 understanding and delineating that. 3 COMMISSIONER REEVES: Sheriff, what if we do 4 this. Authorize the Court to draft a letter once we 5 find out what needs to be done, if you could set up a 6 meeting with your two liaisons, yourself and the City 7 Manager, let's get to the bottom of it as quick as we 8 can. 9 SHERIFF HIERHOLZER: We can do that. Just 10 every Commissioners' Court is two weeks. Every City 11 Council is a week, you know. And it's on the -- 12 COMMISSIONER LETZ: We can approve the 13 check, and somebody can hold the check until I mean -- 14 it's not going to be delayed two to three weeks. 15 SHERIFF HIERHOLZER: Okay. The only thing I 16 will say how this works is the plans were -- last time 17 were delivered to the City for this, and I asked Huser 18 to get them to invoice us, because they were delivered 19 to the City on one day, and because they did not have 20 the check the next day, they were told to come get the 21 plans and pick them up, and they didn't do that. The 22 City actually took them back to them, to Huser. That's 23 the time constraint. There's no give in this. I'll do 24 whatever. 25 JUDGE POLLARD: What's your pleasure, 71 1 gentlemen? 2 COMMISSIONER BALDWIN: I think he's close to 3 it. 4 COMMISSIONER LETZ: I think visit with the 5 City Manager, and give us some guidance, and give us 6 something workable. Talk to the Mayor. 7 COMMISSIONER REEVES: And draft a letter. 8 COMMISSIONER BALDWIN: Get this letter going 9 as well. 10 COMMISSIONER LETZ: And get this letter 11 going at the same time. 12 COMMISSIONER REEVES: And we need to come 13 back -- give us three days, we'll come back. 14 COMMISSIONER LETZ: We're going to need a 15 special meeting in the next week anyhow. 16 COMMISSIONER BALDWIN: The truth is finally 17 coming out. This is a conspiracy, this whole thing. 18 COMMISSIONER MOSER: Okay. 19 JUDGE POLLARD: Is there a motion? 20 COMMISSIONER BALDWIN: No, wait, before we 21 get to the motion. Are we going to build in this motion 22 that we'll authorize the payment contingent upon blah 23 blah blah blah. 24 COMMISSIONER LETZ: That's the way I think. 25 Why don't you make that motion and then we can change it 72 1 if we want. 2 COMMISSIONER BALDWIN: I refuse, I'm not 3 going to have anything to do with this. 4 COMMISSIONER LETZ: I'll make a motion that 5 we request the County Judge write a letter to the City 6 Manager and/or Mayor requesting that both the building 7 permit fee and the architectural review fee be waived 8 for the new Kerr County Jail construction project. 9 COMMISSIONER MOSER: And that -- 10 COMMISSIONER LETZ: And that the liaisons to 11 the jail meet with the City Manager as soon as possible 12 along with the Sheriff to determine if there's any 13 course of action necessary. 14 COMMISSIONER MOSER: And that the funds for 15 the plan permit -- 16 COMMISSIONER LETZ: That's under a late bill 17 later. 18 COMMISSIONER MOSER: Okay. Cover it under 19 that then, okay. 20 JUDGE POLLARD: All right. Is there a 21 second to that motion? 22 COMMISSIONER REEVES: I'll second it. 23 COMMISSIONER MOSER: Second. 24 JUDGE POLLARD: It's been moved by 25 Commissioner Letz and seconded by Commissioner Reeves as 73 1 stated, and I think he just read it into the record, I'm 2 not going to try to repeat that. 3 COMMISSIONER LETZ: Don't ask me to. 4 JUDGE POLLARD: I won't. All right. Any 5 further comments or questions? 6 SHERIFF HIERHOLZER: Who's signing the 7 letter authorized by the Judge? 8 COMMISSIONER MOSER: Judge. 9 JUDGE POLLARD: Okay. Those in favor of the 10 motion signify by raising your right hand. It's four 11 zero, unanimous. Thank you. 12 1.11 consider, discuss and take appropriate 13 action regarding appointing a new member of the Kerr 14 County Emergency Services District Number 1 and to fill 15 an unexpired term. Commissioner Baldwin and Reeves. 16 COMMISSIONER BALDWIN: Commissioner Reeves. 17 COMMISSIONER REEVES: Yes, Sir. We have a 18 vacancy on ESD Number 1. The unexpired term will end 19 the end of this calendar year, and at this time I'd like 20 to recommend Mr. Manuel Benavides, Jr. Of Ingram to 21 serve as the Commissioner for the unexpired term. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE POLLARD: Been moved and seconded -- 24 been moved by Commissioner Reeves and seconded by 25 Commissioner Baldwin that Manuel -- 74 1 COMMISSIONER REEVES: Benavides, Jr. 2 JUDGE POLLARD: Benavides,Jr., be appointed 3 to the -- starting in January first of next year? 4 COMMISSIONER REEVES: No, Sir. To fill the 5 unexpired term that's currently vacant with the term 6 expiring at the end of this calendar year. 7 JUDGE POLLARD: Okay. All right. Of the 8 Kerr County Emergency Services District Number 1. Is 9 there any further discussion or comment? 10 COMMISSIONER BALDWIN: Nothing other than 11 he's going to be a great Board Member. He's a great 12 guy, good leader. 13 JUDGE POLLARD: Okay. Those in favor of the 14 motion signify by raising their right hand. It's four 15 zero, unanimous. 16 1.12 consider, discuss and take appropriate 17 action on approving Order for mandatory hook-ups for 18 property owners within the Center Point/East Kerr County 19 wastewater project area. Mr. Letz. 20 COMMISSIONER LETZ: We talked about this 21 several times and the Court asked the County Attorney to 22 draft an order requiring mandatory hookups. And I'll 23 just read -- and I worked with the County Attorney on 24 this, but I'll read this into the record. 25 Whereas, Kerr County has authority to 75 1 acquire, own, finance, operate or contract for the 2 operation of a water or sewer utility system to serve an 3 unincorporated area of the County pursuant to Section 4 562.016 of the Texas Local Government Code. 5 Whereas, Kerr County secured economically 6 distressed area program, EDAP, funding under Subchapter 7 K, Chapter 17 of the Texas Water Code and that provides 8 for the Texas Water Development Board financial 9 assistance to political subdivisions for water supply 10 and sewer services. 11 Whereas Kerr County has secured EDAP funding 12 under Chapter 17 of the Texas Water Code, Section 17.934 13 permits Kerr County to provide for a sanitary sewer 14 system and authorizes Kerr County to require property 15 owners to connect to the system. 16 Whereas the scope of the East Kerr 17 Wastewater Project is as represented in the map attached 18 to Exhibit A and incorporated herein by reference; and. 19 Now, therefore, be it ordered by 20 Commissioners' Court of Kerr County, Texas: Utilization 21 of the East Kerr Wastewater System is essential for the 22 health and welfare of Kerr County and its residents. It 23 is therefore mandatory that any residential or 24 nonresidential facility that discharges waste shall be 25 connected to the system when such is made available to 76 1 such property. The Wastewater System shall be deemed to 2 be available to any property where the closest property 3 line is located within 100 feet of a wastewater system 4 lateral or main and the property is one acre or less, 5 unless such property is outside the designated service 6 area of the system as determined by Kerr County and set 7 forth in the map attached as Exhibit A, as may be 8 amended. Passed and adopted May 23rd, 2016. 9 The map is not attached, but it is the 10 service area map that we have used, it's a pretty large 11 service area. And the reason the language about the 12 hundred foot is included is there were quite a few lots 13 that will not be able to hookup. 14 COMMISSIONER BALDWIN: Would you run through 15 that sentence one more time about the hundred foot and 16 the size of the lot. I think it was -- 17 COMMISSIONER LETZ: Yes. I'll just read 18 that whole -- utilization of the East Kerr Wastewater 19 System is essential for the health and welfare of 20 Kerr County and its residents. It is therefore 21 mandatory that any residential or nonresidential 22 facility that discharges waste shall be connected to the 23 system when such system is made available to such 24 property. The Wastewater System shall be deemed to be 25 available to any property where the closest property 77 1 line is located within 100 feet of a wastewater system 2 lateral or main and the property is one acre or less, 3 unless such property is outside the designated service 4 area of the system as determined by Kerr County and set 5 forth on the map attached. 6 COMMISSIONER BALDWIN: Could it be possible 7 that on this one acre -- on this one acre, it would be 8 over a hundred foot from the lateral? 9 COMMISSIONER MOSER: Uh-huh. 10 COMMISSIONER BALDWIN: So what am I missing 11 here? 12 COMMISSIONER LETZ: Well, there are for 13 example -- there are -- the map includes an area on 14 Stone Lee Road. There are some small lots on Stone Lee 15 Road that may or may not qualify for this acreage, but 16 they may, but there's not going to be a lateral line up 17 or a main up to Stone Lee so those people are not 18 required to hook up to it. J.J. Lane -- we're putting a 19 line right down J.J. Lane. Those properties will be 20 required to hook up, because they're within a hundred 21 feet. They're one acre and less and they're within a 22 hundred feet of the lateral. 23 JUDGE POLLARD: Say it's a one acre tract 24 and it's a hundred and 5 feet, the nearest part of it. 25 Is optional to them, they hook up if they wish. But if 78 1 they're within the hundred foot it's mandatory. 2 COMMISSIONER BALDWIN: I see, okay. 3 COMMISSIONER LETZ: And the hundred feet is 4 a number that I came up with. That was not part of the 5 law. The County Attorney left a blank there. And I 6 started out at 500 and then I looked at how far 500 was 7 and said well, that's an awful long distance for a 8 person to dig a ditch. So then I went down to two 9 hundred and 50 feet and decided that was too long, and I 10 ended up at a hundred. I'm not sure what the exact 11 correct distance is. That seems reasonable to me, but 12 that's certainly open for discussion. 13 COMMISSIONER BALDWIN: I think 500 is like 14 from street to street on a City block, so that's a 15 pretty good ways. 16 COMMISSIONER MOSER: I think the other thing 17 is -- to recognize is it's a requirement to hook up per 18 what was just read. The thing that the County has 19 provided through Texas Department of Agriculture, are 20 the fees to hook up for people that are economically 21 qualified for that. So even though it's expensive to 22 hook up to the lateral lines and main lines, a lot of 23 people can hook up without anything out of pocket, so 24 that's important. And I think this is, you know -- this 25 is a requirement, a necessary thing to get everybody on 79 1 the system that should be and could be. So -- 2 COMMISSIONER LETZ: It's also a requirement 3 of getting the money. 4 COMMISSIONER MOSER: And getting the money 5 also, right. Well, it's a requirement of, I think a 6 different way of saying that is to generate the revenue 7 to pay for the system. 8 COMMISSIONER LETZ: Right. 9 COMMISSIONER MOSER: And not have the rest 10 of the County taxpayers pay for it, but those who are 11 using the system. So it's -- I think it's important to 12 recognize that. So I move that we approve that as read. 13 COMMISSIONER LETZ: Second. 14 JUDGE POLLARD: Been moved -- who moved it? 15 COMMISSIONER MOSER: I did. 16 JUDGE POLLARD: Commissioner Moser moved and 17 seconded by Commissioner Letz for passage of the 18 proposed order that was read into the record verbatim by 19 Commissioner Letz, that requires mandatory hookups for 20 property owners within the Center Point/East Wastewater 21 Project there. 22 COMMISSIONER LETZ: That's right. 23 JUDGE POLLARD: A good enough statement of 24 it? 25 COMMISSIONER LETZ: A couple -- one other 80 1 comment that I just want to point out. That it 2 requires -- and we checked this, or we -- I use the big 3 we, the County Attorney checked this. This is a 4 requirement that doesn't make my difference if it's 5 residential or commercial, it's the acreage. If there's 6 a OSSS system or facility discharging waste, there's a 7 requirement for them to hook up, which to me is good. 8 That's a good thing. 9 And we've also -- the County Engineer has 10 gone through and looked at this cutoff at a hundred 11 and -- or one acre or less, because there's no real 12 guidance in law as to what that number should be. 851 13 tracts, residential tracts are less than one acre. 14 We'll pick up a few more that may be one acre exactly, 15 so we talk about 9 hundred is the number, and the actual 16 number is 851 that are less than one acre, so that's 17 picking up. The property that we're trying to pick up. 18 SHERIFF HIERHOLZER: How you many of those 19 are outside the hundred feet though? 20 COMMISSIONER LETZ: None. 21 JUDGE POLLARD: That should make a 22 substantial difference in the absorption from septic 23 tanks and things like that out in East Kerr County as 24 far as pollution is concerned. I agree with all that, 25 yeah. Okay. 81 1 Any further discussion or comment? Those in 2 favor of the motion signify by raising your right hand 3 it's four zero, unanimous. Thank you. 4 All right, 1.13 consider, discuss and take 5 appropriate action on implementation of the burn ban. 6 It's the time for renewal of that thing. 7 COMMISSIONER BALDWIN: Move for approval. 8 COMMISSIONER REEVES: Second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Baldwin and seconded by Commissioner Letz, is that 11 right? 12 COMMISSIONER LETZ: Reeves. 13 JUDGE POLLARD: Commissioner Reeves. I 14 don't hear good out of this ear, Bob. I'm not trying to 15 discriminate against you. 16 COMMISSIONER REEVES: That's fine. 17 COMMISSIONER BALDWIN: Typical lawyer. 18 JUDGE POLLARD: For the approval of the burn 19 ban again, which is for a period of, I think, 90 days, 20 isn't it? 21 COMMISSIONER LETZ: Yes. 22 JUDGE POLLARD: And it does allow each 23 Commissioner to decide in his precinct as to whether or 24 not to -- what do you call it, lift the burn ban. 25 COMMISSIONER LETZ: Suspend. 82 1 JUDGE POLLARD: Suspend the burn ban for a 2 period of time in the discretion of that Commissioner. 3 All right. Those in favor of the motion signify by 4 raising your right hand. Four zero, unanimous. Thank 5 you. 6 1.14 consider, discuss and take appropriate 7 action regarding approval for the submission of a hazard 8 mitigation action planning grant and authorization of 9 the procurement of a consultant to write the application 10 and plan. Commissioner Moser. I don't see Dub Thomas. 11 COMMISSIONER MOSER: Well, Dub is not here. 12 Okay. This is a hazard mitigation plan that the County 13 is required to have, it expires next year, it's a very 14 large document that we don't have the capability to 15 really write. What this does is it to -- for us to 16 proceed to hire the services of a help and 17 administration and grant and the application thereof, to 18 prepare this plan, and to hire a consultant to help us 19 do that. So I have a Resolution I'm going to read the 20 Resolution. 21 A Resolution of Kerr County, Texas, 22 authorizing the submission of a hazard mitigation 23 assistance grant application for a countywide hazard 24 mitigation action plan and the procurement of a 25 consultant to write the application and mitigation 83 1 action plan. 2 Whereas, Kerr County is considering the 3 submission of a FEMA hazard mitigation assistance grant 4 application for funds to develop a mitigation action 5 plan for the County and its participants in order to be 6 eligible to apply for FEMA hazard mitigation grants. 7 Whereas, if utilizing a consultant to write 8 the application and plan, hazard mitigation assistance 9 fund applicants are required to procure this consultant 10 by local or State procurement policies. 11 Now, therefore be it resolved by the 12 Commissioners' Court of Kerr County: Section 1, that 13 Kerr County is authorizing the submission of an 14 application for FEMA hazard mitigation assistance grant 15 to develop a mitigation action plan for the County and 16 its participants; and Kerr County is authorizing the 17 procurement of a consultant to write the hazard 18 mitigation assistance grant application and the plan. 19 What this does is it enables us then to 20 issue a request for proposal for assistance in these 21 actions. 22 JUDGE POLLARD: Okay. So this -- 23 COMMISSIONER MOSER: And so just to put a 24 little bit more in perspective, the estimated cost for 25 writing this plan is like about 80 thousand dollars. 84 1 Okay. And so and what we do is submit our issue an RFP, 2 get proposals in for people that can help us apply for 3 the grant and also to help write the plan. 4 COMMISSIONER BALDWIN: And then when you get 5 the grant what happens? 6 COMMISSIONER MOSER: Well, once you get the 7 grant then you prepare the plan, and the plan has to be 8 completed by next year, by July. 9 COMMISSIONER BALDWIN: So there's going to 10 be a plan. 11 COMMISSIONER MOSER: There's going to be a 12 plan. There's a plan right now, and the plan has to be 13 updated. 14 COMMISSIONER BALDWIN: And this meeting this 15 afternoon though is thee plan? 16 COMMISSIONER MOSER: No; the meeting this 17 afternoon is about emergency water -- emergency flood 18 warning system. Nothing to do with this plan. It's a 19 subset of this plan. This is a separate thing which the 20 emergency management coordinator -- 21 COMMISSIONER BALDWIN: Part of it. 22 COMMISSIONER MOSER: Right, right. Is 23 responsible for, right. 24 COMMISSIONER BALDWIN: So we get the grant 25 money, and this grant money helps build the plan, thee 85 1 plan. 2 COMMISSIONER MOSER: Right. 3 COMMISSIONER BALDWIN: And then does this 4 grant money help carry out the plan? 5 COMMISSIONER MOSER: The grant money does 6 not help carry out the plan; the plan is how you will 7 mitigate -- 8 COMMISSIONER BALDWIN: You going to put it 9 on paper. 10 COMMISSIONER MOSER: Right. And it's a 11 document -- help me, Sheriff, it's about six inches 12 thick. 13 SHERIFF HIERHOLZER: Pretty close. 14 COMMISSIONER MOSER: So we have one and I'm 15 sure you've read it. 16 COMMISSIONER BALDWIN: Well, I did last 17 night. Of course I had to go to bed at 9. I'm just 18 concerned about these grant things I've been hearing, 19 you know. A lot of people want to go out and get grants 20 and want to do this and want to do that, and build 21 police chiefs and all that kind of stuff, and you know 22 these grants run out, and then after a couple of years 23 it becomes basically a burden on the taxpayers to carry 24 those things forward, and they're hard to stop. Is this 25 anything like that, or is this a one time deal, or 86 1 what -- what are we doing here? 2 COMMISSIONER MOSER: It's not a one time 3 deal, it has to be renewed. The thing is we could write 4 the plan ourself. I don't think we have the capability 5 to write the plan. And so instead of the County 6 employees writing the plan, it's to apply for a grant 7 and have that plan written by people that are 8 professionals at doing this. And it's a plan that's 9 required. So, Sheriff, you want to comment on it? 10 COMMISSIONER LETZ: Question. I think is 11 part of our disaster plan, correct? 12 COMMISSIONER MOSER: Right. Precisely. 13 COMMISSIONER LETZ: There's a chapter out of 14 the disaster plan and it's every five years it has to be 15 updated? 16 SHERIFF HIERHOLZER: That's pretty close, I 17 think. And the main thing is, it is, you know -- before 18 AACOG wrote the plan for all the counties in their 19 catchment area, you know. Now they don't do that 20 anymore. Counties are required to have this plan. And 21 to have it you really need professionals to write it, 22 that that's what they do. Because it is very involved. 23 So you apply for a grant to help pay for that. Then 24 once the plan is written, that's what enables you to be 25 able to qualify for a lot of the FEMA funding, okay. 87 1 During flood and that, or the flood system, or you have 2 to have that, each County does, in order to be able to 3 have recovery funds from a lot of these disasters that 4 happen. And unfortunately Guadalupe River is one of the 5 most prone flooding -- flash flooding areas in the 6 nation. 7 COMMISSIONER MOSER: And this is fire, 8 flood, the whole thing. 9 SHERIFF HIERHOLZER: Right. 10 COMMISSIONER MOSER: And the other thing 11 that's important in here, is that it's the mitigation 12 plan for the County and its participants. 13 SHERIFF HIERHOLZER: Right. 14 COMMISSIONER MOSER: Now, the participants 15 in this, and Dub has been -- the emergency management 16 coordinator has been communicating with other entities 17 that want to participate in this plan, because they're 18 going to have to have their plan. It's the school 19 district, all the school districts in the County, the 20 cities, the city of Kerrville, the city of Ingram, all 21 of those entities would be a part of this plan, if they 22 so choose to participate. And if they so choose to 23 participate they have to contribute to the funding of it 24 also, which is like anybody else that wants to 25 participate is like about 8 thousand dollars per 88 1 participant. 2 SHERIFF HIERHOLZER: Any taxing entity in 3 the County is allowed to participate. Whether it be 4 your school district, your fire districts, you know. 5 The city's -- 6 COMMISSIONER MOSER: UGRA. 7 SHERIFF HIERHOLZER: UGRA. And what that 8 allows them to do is what we explained. Is say we could 9 have an area that you need major evacuation, you know, 10 maybe it's a hurricane to the coast and now we're 11 catching it, but some of your schools -- and this is 12 just something they'd have to look at. In the past it 13 has allowed a school to come in and build themselves 14 through a grant because they qualify under that, you 15 know, a good auditorium or a major auditorium, but 16 during an evacuation period will convert over to an 17 evacuation center at the same time, and that's where 18 your schools can benefit. But it just opens the doors. 19 But you're required to have this plan, and that's the 20 first step to getting everything done. And it is, it's 21 a major document that neither Dub nor the city's 22 emergency management coordinator really have the 23 expertise at this point to be able to put it together, 24 that meets all the State, the FEMA's and everybody 25 else's requirements that are in that -- 89 1 COMMISSIONER BALDWIN: I can actually say 2 that I am sorry I asked that question. 3 SHERIFF HIERHOLZER: Sooner or later, so I'm 4 not an attorney. 5 COMMISSIONER BALDWIN: So where is 6 Mr. Thomas? 7 SHERIFF HIERHOLZER: He's probably at work. 8 JUDGE POLLARD: He did have a meeting out at 9 the AG barn, one of the rooms out there last week. 10 SHERIFF HIERHOLZER: I hadn't talked to him 11 today, so I don't -- I don't know. 12 JUDGE POLLARD: He invited all of the 13 entities, all the taxing entities in the County, the 14 City of Kerrville and Ingram were represented, even the 15 Hunt Independent School District and Ingram Independent 16 School District and Center Point Independent School 17 District appeared. KISD did not appear, interestingly. 18 But anyway it was explained to everybody and what was 19 necessary at that time. It sounds like this is an 80 20 thousand dollar fee for somebody that knows how to write 21 this thing and has all of the training necessary to do 22 it, and I guess that's going to take a lot of time, and 23 expertise on behalf of somebody to just write this 24 application for the grant. 25 COMMISSIONER BALDWIN: I'll probably have it 90 1 written by tomorrow morning. I can do it. 80 thousand. 2 JUDGE POLLARD: You want to go into a new 3 business, Mr. Baldwin? 4 COMMISSIONER BALDWIN: I kind of want a 5 little bit more money than that. Have it out by in the 6 morning. 7 COMMISSIONER MOSER: Put this in perspective 8 this is like less than a man year to develop this is 9 probably what this amounts to, and for all the other 10 entities and counties as Commissioner Letz said. So 11 basically what it says is to -- is to authorize the 12 submission of an application and authorize the 13 procurement of a consultant to prepare the plan. That's 14 the bottom line. 15 COMMISSIONER LETZ: We're not doing anything 16 right now, we're just saying we're going to do it. 17 COMMISSIONER MOSER: Right. It says we're 18 going to do it. Says we can go out and proceed with the 19 application and consultant. 20 SHERIFF HIERHOLZER: Buster, this is one of 21 those documents that requires a lot of legal stuff from 22 attorneys and a lot of engineering stuff from engineers. 23 COMMISSIONER BALDWIN: Okay. I'm going to 24 back off it and let y'all do it this time. But next 25 year as I sit on this Board -- 91 1 JUDGE POLLARD: All right, it was moved by 2 Commissioner Moser and seconded by Commissioner Letz to 3 approve the submission of a hazard mitigation action 4 planning grant and authorization of a procurement of a 5 consultant to write the application and plan. Is there 6 any further discussion? 7 COMMISSIONER LETZ: Judge, it is not an 8 actual approval of the Resolution that does that, I 9 believe. 10 COMMISSIONER MOSER: Right. 11 COMMISIONER LETZ: Because it's a 12 Resolution. 13 JUDGE POLLARD: Approval of the submission. 14 COMMISSIONER LETZ: Right. 15 COMMISSIONER MOSER: Approval of the 16 Resolution. 17 JUDGE POLLARD: Okay. All right. Any 18 further discussion? Those in favor signify by raising 19 your right hands. It's four zero, unanimous. Thank 20 you. 21 1.15 consider, discuss and take appropriate 22 action to introduce a new 4-H agent applicant. 23 COMMISSIONER LETZ: The rest of them are in 24 executive session. 25 JUDGE POLLARD: Okay. But you want to 92 1 introduce him? 2 MR. WALSTON: Commissioners and Judge, I 3 appreciate the opportunity to introduce our new 4-H 4 program coordinator Dakota Moyers for your 5 consideration. And I'd like for him to have a chance to 6 introduce himself and tell a little bit about himself. 7 MR. MOYERS: How are you guys? I already 8 met all you guys earlier back in the back. But I'm 9 Dakota Moyers again and I stopped by earlier. And I'm 10 from New Castle, Oklahoma and am excited to have the 11 opportunity and glad to meet you guys. 12 THE REPORTER: Where in Oklahoma. 13 MR. MOYERS: New Castle. 14 JUDGE POLLARD: And he's an Aggie. 15 COMMISSIONER BALDWIN: Aggie from Oklahoma. 16 JUDGE POLLARD: Came from Oklahoma, but went 17 to A&M. We're just getting loaded, heavily loaded with 18 Aggies. I don't know, we probably need to balance this 19 out. Thank you very much. 20 MR. MOYERS: Good to meet you. 21 COMMISSIONER LETZ: Everything else is in 22 executive session. 23 JUDGE POLLARD: Everything else is in 24 executive session except for item 1.19 consider, discuss 25 and take appropriate action to reallocate funds from the 93 1 2014 certificate of obligation to the Sheriff's 2 Department Communications. Commissioner Letz. 3 COMMISSIONER LETZ: And the reason my name 4 is on this one is because I happened to be standing 5 there when the auditor walked in last Thursday, and we 6 needed to get it on the agenda. What it is is there 7 is -- if you look on the spread sheet the auditor handed 8 out earlier under had the 2014 CO there's $135,235.00 9 unallocated. The Sheriff has a payment due October 10 first, as I understand it, of a $133,334.00, and rather 11 than us having to -- well, he has $90,896.00 left out of 12 that CO. He's short $42,438.00. I would recommend that 13 we allocate part of that amount out of the unallocated 14 portion to that so that payment can be mailed out of the 15 CO proceeds. 16 JUDGE POLLARD: So we're reducing 17 unallocated figure by $42,438.00? 18 COMMISSIONER LETZ: Yes. And moving it into 19 the Sheriff's line item, which is for Sheriff 20 communication. The purpose of this expenditure is for 21 that system. And if we don't do it here, we're going to 22 have to come up with the money out of our budget. 23 JUDGE POLLARD: Is that a motion? 24 COMMISSIONER LETZ: That is a motion. 25 COMMISSIONER BALDWIN: Second. 94 1 JUDGE POLLARD: Been moved by Commissioner 2 Letz and seconded by Commissioner Baldwin to authorize 3 the transfer of $42,438 unallocated funds to the 4 Sheriff's communications? 5 COMMISSIONER LETZ: Yes. 6 JUDGE POLLARD: Communications at the 7 Sheriff's office. Any further discussion or comment? 8 Those in favor of the motion signify by raising your 9 right hand. It's four zero, unanimous. 10 1.20 consider, discuss and take appropriate 11 action to review the floodplain enforcement policies. 12 Commissioner Letz. 13 COMMISSIONER LETZ: I put this on the agenda 14 based on some questions that have come up and just to 15 make sure that it came in under Road and Bridge and some 16 others to floodplain enforcement under our FEMA policy. 17 And as I understand it we receive information from a lot 18 of different sources, what's going on in the floodplain. 19 And we could let the floodplain administrator or Road 20 and Bridge, you know, generally I communicate with 21 Charlie Hastings and he coordinates with John Hewitt. 22 They also have maps they looked at, there's photos they 23 looked at, there's public information in it. And 24 Charlie and I had discussions to how far they should go 25 in investigating when something comes before them. Is 95 1 there a potential violation of the floodplain. And so I 2 talked to Charlie about it a little bit. And my feeling 3 is that -- and I want Charlie to address this a little 4 bit as well. We're under a requirement to enforce, you 5 know, any kind of construction in the floodplain, 6 anything to be done in the floodplain by law. We 7 adopted the FEMA rules. We are required in my mind to 8 enforce them. However, every time someone builds a 9 chicken coop in the floodplain I don't want to go out 10 there and get involved with it. And I think that -- but 11 I think we also need to document what we're doing. To 12 me -- to me -- wherever it comes from. If there's any 13 kind of a potential violation of construction of the 14 floodplain, they're under an obligation to Road and 15 Bridge to investigate, either directly or through John 16 Hewitt, our floodplain administrator, and the majority 17 of them to me are probably going to be looked at it, 18 does not require a permit, and put it in the file, end 19 of it. 20 If it is something that they think is a 21 substantial violation that needs to be addressed, then 22 they address it at that time. But they don't -- do not 23 need to address every little thing that comes, you know, 24 across their table and go out there and contact 25 landowners and stir things up where it's unnecessary. 96 1 That's just my opinion. But I thought it was good to 2 bring it to the Court, and kind of see if everyone is in 3 agreement. 4 COMMISSIONER BALDWIN: First of all, is the 5 floodplain the same as a floodway. 6 COMMISSIONER LETZ: I think the floodway is 7 part of the floodplain. 8 COMMISSIONER BALDWIN: Yeah. 9 COMMISSIONER MOSER: I think it's different 10 criteria. 11 COMMISSIONER LETZ: Yeah, there's different 12 things you can do in them. 13 JUDGE POLLARD: How would you write that? 14 MRS. STEBBINS: I don't know that I'd write 15 it -- my recommendation would be to follow our policy 16 that FEMA tells us we have to adopt for the floodplain, 17 and investigation of things built in the floodplain. 18 COMMISSIONER LETZ: I don't think we need a 19 definite motion; I think it's more a general direction. 20 COMMISSIONER REEVES: And I think it's 21 similar to us using environmental health. They get a 22 call or we get a call that a yard is grown up, or 23 there's junk cars, they go out and look at it to 24 determine if is it truly a violation or is it just one 25 neighbor picking on the other one. Put it in the file, 97 1 deal with it. If it's significant they take action, if 2 it's minor they may just have a little talk, and go on 3 with it. I don't think, you know, we need to be -- they 4 don't cruise the area looking for -- 5 COMMISSIONER MOSER: Violators. 6 COMMISSIONER REEVES: A violator of a vacant 7 lot being overgrown. I don't feel like we need to get 8 in that. We've got private property rights we've got to 9 respect on that. But if there is a problem, I think we 10 have a duty to investigate and determine if there is a 11 problem or not. 12 COMMISSIONER MOSER: I agree. I don't think 13 we need to police it. But on the other hand, I'm with 14 you, if somebody calls and complains about something 15 being built in the floodplain, I think it's our 16 responsibility to respond to that. And quite often, 17 it's just a letter from the floodplain administrator to 18 the property owner, saying that, you know, you've not 19 got a permit, it appears that, okay, that you're 20 building within the floodplain and that's a violation of 21 da da da da da. 22 COMMISSIONER LETZ: And I don't know -- I 23 agree that -- to their discretion. They're the ones 24 that administer it, whether it's Road and Bridge through 25 the County, or the floodplain administrator. I think a 98 1 lot of them can be looked at through other means than 2 even a letter necessarily. I think if you want to look 3 at a Google map and see, you know, what's there, I mean 4 you can do that. I think it's up to their discretion. 5 I think we need to investigate and look at it and 6 document it, because I think we're required to. But I 7 don't think we need to go out there with, you know -- 8 COMMISSIONER MOSER: That's their 9 discretion. If it's -- if it's an obstacle in the 10 floodplain that people think is not appropriate, I mean 11 there are some that have occurred in Center Point 12 recently. Somebody's bought a property down on the 13 river and all of a sudden they were building there. So 14 that's the kind of thing that, you know, I've notified 15 Road and Bridge and floodplain administrator, they made 16 a call and fixed it. 17 JUDGE POLLARD: He wants to say something, 18 too. I think it's appropriate that he say something 19 and then I'll ask you. 20 MRS. STEBBINS: All right. 21 MR. HASTINGS: I just wanted to make a 22 statement. 23 JUDGE POLLARD: First of all, did you 24 request this clarification from Mr. Letz? 25 MR. HASTINGS: I wanted to get a little -- 99 1 JUDGE POLLARD: You started this argument. 2 MR. HASTINGS: I probably started it. 3 JUDGE POLLARD: That's what I was trying to 4 establish. 5 MR. HASTINGS: We get audited once a year by 6 Texas Water Development Board. And they come through, 7 and they'll look through our files. And then they'll 8 make some drives and if they see anything they'll come 9 back to make sure that whatever they saw is in our 10 files. That something's been documented. So from that 11 standpoint there is a requirement from the State that as 12 we administer our floodplain regulations that we are 13 doing our jobs. So we do have an obligation when 14 someone calls, if there's a complaint, somebody notices 15 something that we follow up on it, and we'll continue to 16 do that. More than anything I just wanted to make the 17 Court aware in this digital age more and more 18 information is being made available and is at people's 19 fingertips. So we may be getting phone calls from 20 people that are watching that. 21 JUDGE POLLARD: Yeah, it's a whole lot 22 easier to file complaints now. 23 MR. HASTINGS: It's easier to file 24 complaints. So I just anticipate that we'll find out 25 about stuff that normally we may not have known about in 100 1 the past. 2 JUDGE POLLARD: Yes, Ma'am. 3 MRS. STEBBINS: And I think that Charlie 4 addressed what my concern was, that they will continue 5 to investigate the complaints as required to by State 6 and Federal mandate. 7 JUDGE POLLARD: And I'm sure that part of 8 their audit is to make sure we're not selectively 9 enforcing it and not discriminating -- 10 MR. HASTINGS: Correct. 11 JUDGE POLLARD: -- as to the complaints and 12 that's what the purpose of the whole thing is, I guess, 13 part of the audit anyway, is that right? 14 MR. HASTINGS: Yes, Sir. 15 JUDGE POLLARD: All right, thank you. 16 MR. HASTINGS: Thank you. 17 JUDGE POLLARD: So there's nothing formal 18 needed about that? 19 COMMISSIONER LETZ: I thought we needed a 20 discussion about it so everyone's on the same page. 21 JUDGE POLLARD: Thanks, Charlie. 22 Okay. I think that finishes the regular 23 agenda portion. We're going to go into -- is there 24 another one? 25 COMMISSIONER BALDWIN: Pay the bills. 101 1 MRS. DOSS: Can we pay the bills? 2 COMMISSIONER LETZ: I move to pay the bills. 3 MRS. DOSS: Wait a second, this one bill is 4 in there, so do you want to approve it for payment? 5 COMMISSIONER REEVES: The bills or in the 6 late bills? 7 MRS. DOSS: It's in the bills; we don't have 8 any late bills. 9 COMMISSIONER LETZ: I don't mind writing the 10 check. I just would rather -- or approve it until we 11 get with our liaisons. I don't want to have to come 12 back for a special meeting. 13 JUDGE POLLARD: Just to pay the bill. 14 COMMISSIONER BALDWIN: Now, what's going to 15 trigger her mailing it? 16 COMMISSIONER LETZ: Those two meetings, or 17 the letter. The letter or these two. Talking to City 18 Manager about it. 19 COMMISSIONER BALDWIN: Okay. I see what 20 you're saying. 21 JUDGE POLLARD: All right. You move to pay 22 the bills. Is there a second? 23 COMMISSIONER BALDWIN: I second. 24 JUDGE POLLARD: All right. Commissioner 25 Baldwin seconded the motion. Any further comment about 102 1 paying the bills? If not, all in favor of the motion 2 signify by raising your right hand. Four zero, 3 unanimous. 4 4.2 Budget amendments. Any? 5 MRS. DOSS: Yes, Sir. We have nine budget 6 amendments. 7 JUDGE POLLARD: Is there a motion? 8 COMMISSIONER LETZ: I move to approve the 9 budget amendments. 10 JUDGE POLLARD: Is there a second? 11 COMMISSIONER MOSER: Second. 12 JUDGE POLLARD: Been moved by Commissioner 13 Letz and seconded by Commissioner Moser to approve the 14 budget amendments as submitted. Any further discussion 15 or comment? 16 COMMISSIONER REEVES: What's the need for a 17 Road and Bridge contract professional fees? Where are 18 the overruns come in that one? 19 MRS. DOSS: Which one? 20 COMMISSIONER REEVES: Item 7. Item 7 on our 21 budget amendment. We're taking -- 22 (Off the record discussion.) 23 COMMISSIONER REEVES: Where are these 24 fees -- 25 THE REPORTER: Excuse me, I can't hear you. 103 1 MR. HASTINGS: Why we need that. We've had 2 some -- I think it was for some survey work we had done. 3 COMMISSIONER REEVES: Okay. That's fine. 4 JUDGE POLLARD: Any other questions, 5 comments? All right, those in favor of the motion 6 signify by raising their right hand. It's four zero, 7 unanimous. 8 4.3 late bills. 9 MRS. DOSS: No late bills. 10 JUDGE POLLARD: All right. We'll go to 4.4 11 approve and accept monthly reports. 12 COMMISSIONER REEVES: Yes, Sir. J.P. 13 Precinct 4 monthly report for April. Audit report of 14 the office of the District Clerk's financial record 15 keeping. Kerr County Veteran Service officer's monthly 16 report. Kerr County Treasurer monthly report for April, 17 2016. 18 Authorize to approve and sign as needed. I 19 make that motion. 20 COMMISSIONER LETZ: Second. 21 JUDGE POLLARD: Been moved by Commissioner 22 Reeves, seconded by Commissioner Letz that the monthly 23 reports that were read into the record by Commissioner 24 Reeves be accepted. Is there any further discussion or 25 comment? There being none those in favor of the motion 104 1 signify by raising their hands. It's four zero, 2 unanimous. 3 All right. Reports from -- oh, Auditor's 4 report. 5 MRS. DOSS: He mentioned those with the 6 monthly reports. 7 JUDGE POLLARD: Okay. So you have nothing 8 further? 9 MRS. DOSS: No. Just what he mentioned 10 earlier, the District Clerk report. 11 JUDGE POLLARD: All right. 5.1 reports from 12 Commissioners/Liaison committee assignments. Anybody? 13 5.2 reports from elected officials and 14 department heads? Come on. 15 SHERIFF HIERHOLZER: You probably oughta go 16 first. 17 MRS. LANTZ: Who, me? 18 SHERIFF HIERHOLZER: You. 19 MRS. LANTZ: Last week we had the hailstorm 20 that came through Kerr County and it damaged some of our 21 vehicles and equipment, as well as buildings. I 22 contacted TAC. We have a total of eight vehicles that 23 were damaged. And as of right now only two they've 24 given us approval to get repairs on. There was two at 25 juvenile probation, one they authorized repair, the 105 1 other one they're not sure if it will be totalled or 2 not. They're going to get back with us. Sheriff's 3 office had three vehicles that were possibly totalled. 4 Road and Bridge had three vehicles damaged. One was 5 repairable, and the other two they've put a hold on to 6 see if those are going to be totalled, as well as 7 Constable 1's vehicle. They put a hold on that to see 8 if it's going to be totalled or not. 9 Heavy equipment, a tractor, John Deere 10 tractor was damaged. A CAT loader as well as a building 11 out in Ingram area. So appraisers went out there 12 Saturday with, I believe, Aaron Wheeler(phonetic) to 13 look at that stuff in Ingram and I'll be getting a 14 report on that sometime this week. So probably the 15 Department will be getting with Brenda to see about if 16 those vehicles are totalled, how they're going to be 17 getting replaced and bringing that to the Court. 18 COMMISSIONER LETZ: If they're totalled does 19 the insurance company take possession of them? 20 MRS. LANTZ: They do. And possibly you can 21 purchase them back. And that's going to be within TAC's 22 discretion. And there again, you know, the Court will 23 have to make the decision. 24 COMMISSIONER MOSER: With a ding on them. 25 Some things that would be useful. 106 1 JUDGE POLLARD: All right. Any other 2 reports? 3 SHERIFF HIERHOLZER: The only thing on the 4 three vehicles we lost, they were all three unmarked 5 CIV vehicles, which I have never asked the County to 6 purchase. But this has put me really in the hole with 7 criminal investigation vehicles, unmarked vehicles. All 8 three of these -- I think the one with the least mileage 9 already had about a hundred and sixty thousand on it. 10 Okay. So I will have to replace these three vehicles. 11 We just don't have them. They will hopefully be 12 replaced with just three used vehicles that we pick up 13 anywhere as long as they're four door and work for 14 investigations. They aren't police package or anything 15 else, but between those and what the other departments 16 had, we may be coming back -- having to come back and 17 ask the Court County to declare emergency surplus for 18 that, or out of General, so that we can actually be able 19 to replace these vehicles. It's just something that 20 needs to be made aware. 21 COMMISSIONER LETZ: When will TAC make the 22 recommendation or make the decisions? 23 MRS. LANTZ: I spoke with the adjustor 24 Friday. And by the end of the week I should have a 25 report what their recommendations are. But they did go 107 1 ahead like I said approval only on two of them right 2 now. And they kind of advised not to drive the ones 3 that are a hold on. But I know some people don't have a 4 choice because that's the only vehicle they have. 5 COMMISSIONER MOSER: And whatever they 6 recommend we can have rebuttal to their recommendation? 7 MRS. LANTZ: Yes. And then, too like they 8 -- probably you can purchase it, the vehicle back. And 9 then I don't know if it'll be an auto salvage title put 10 on the vehicle. I don't know how that works. 11 COMMISSIONER MOSER: I'm just saying if they 12 say no we can also rebut or appeal their decision. 13 COMMISSIONER LETZ: May be an opportunity to 14 get some of our vehicles -- 15 SHERIFF HIERHOLZER: Yeah. You can on some 16 of that. You know the only thing I would not want to 17 put a law enforcement officer in a vehicle with the auto 18 salvage title on it. I think the liability would be 19 more than I care to do. And from what I understand all 20 three of those will be totalled. And a lot of it is age 21 and mileage on the vehicle. They weren't worth much to 22 begin with. 23 COMMISSIONER MOSER: I'm just wondering 24 about the process is all; not the decision. 25 SHERIFF HIERHOLZER: But the damage consists 108 1 of on one of them, of course on the windshield there's 2 not a spot on it that did not get dinged. Rearview 3 mirrors, outside mirrors, and even taillights were 4 broken out. It did extensive damage to most of these 5 vehicles. 6 JUDGE POLLARD: All right. Any other 7 reports from Boards, Committees, City/County joint 8 projects or other? Anybody? All right. That's the -- 9 there's nothing left to do in the regular agenda. 10 And at this time our Commissioners' Court 11 adjourns into executive session to discuss any of the 12 items listed above as permitted by Sections 551.071, 13 072, 073, 074, 078, 0785, 076, 087, Chapter 551 of the 14 Texas Government Code. 15 (Executive session was had.) 16 JUDGE POLLARD: Dakota's situation, I think 17 the decision is probably going to be to just hire him 18 normal and put it off until we can decide what we need 19 to do about this. There's a lot of additional 20 information, study from the legal department, all that 21 sort of thing, okay. 22 COMMISSIONER LETZ: I'm about to make 23 official action. So I make a motion that we 24 authorize -- what's your title? Roy Walston. Roy 25 Walston to offer Dakota a position at nineteen one as 109 1 previously discussed. 2 COMMISSIONER REEVES: It comes out to 39 3 thousand -- 4 COMMISSIONER LETZ: 291. 5 COMMISSIONER REEVES: -- 291. I'll second 6 that motion. 7 JUDGE POLLARD: Been moved by Commissioner 8 Letz, seconded by Commissioner Reeves that the County 9 offer a position to Dakota at the stated salary for the 10 present, and we'll address the other issues later on. 11 Is there any further comment or discussion? Those in 12 favor of the motion signify by raising your right hand. 13 It's four zero, unanimous. 14 COMMISSIONER REEVES: Get to work. 15 MR. WALSTON: Thank you, guys. 16 MR. MOYERS: Thank you, guys. 17 JUDGE POLLARD: All right. As to Rosa's 18 situation. As I understand it, Rosa, there has been -- 19 you haven't resigned yet. 20 MRS. LAVENDER: Correct. 21 JUDGE POLLARD: There's no official 22 resignation. A lot of discussion about all the 23 technicalities about that. And bottom line is, it 24 sounds like there's nothing can be done right now. 25 There's no official position can be done about it until 110 1 a resignation is submitted. I mean it's just part of 2 the technicalities about it. And is there anything 3 else? Do we need a motion on that? 4 COMMISSIONER MOSER: No. 5 JUDGE POLLARD: Do you have any questions? 6 MRS. LAVENDER: No. 7 JUDGE POLLARD: Thank you. Is there 8 anything else? 9 COMMISSIONER LETZ: Just direct from Miss 10 Lantz to notify all the applicants that position is not 11 available at this time. And look at it in the future. 12 COMMISSIONER BALDWIN: Going to talk to Jody 13 about her future here? 14 JUDGE POLLARD: All right. Is there any 15 further business before this session? There being none, 16 we're adjourned. 17 * * * * * * 18 19 20 21 22 23 24 25 111 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 3rd day of June, 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