1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, June 13, 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 6 4 *** Visitors' Input 6 5 *** Commissioners' Comments 11 6 1.1 Consider, discuss and take appropriate 13 action for the Court's approval to fill 7 an open, budgeted Road Maintenance Technician Position in the Road and Bridge 8 Department, Pct. 1, 2, 3 and 4. 9 1.2 Consider, discuss and take appropriate 14 action to transfer a vehicle from Road 10 and Bridge Department to the Information Technology Department, Pct. 2 and County 11 Judge. 12 1.3 Consider, discuss and take appropriate 20 action to set the pay rate for Floodplain 13 Administration. 14 1.4 Consider, discuss and take appropriate 27 action for the Court to approve Amendment 15 No. 6 (construction Phase Engineering) to the Agreement for Engineering Services 16 between Kerr County and Tetra Tech, Inc. for the East Kerr County/Center Point 17 Wastewater Project, Pct. 2 and 3. 18 1.5 Consider, discuss and take appropriate 31 action regarding the Kerr Economic 19 Development Corporation budget; and request for funding. 20 1.6 Consider, discuss and take appropriate 35 21 action on amendment to and/or revision of the Kerr County Juvenile Detention Facility 22 Policy and Procedure Manual. This includes, but is not limited to, approval of the Suicide 23 Prevention Plan. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 37 action on agreement between the Juvenile 4 Detention Facility and Cameron County and authorize the County Judge to sign the same. 5 1.8 Consider, discuss and take appropriate 38 6 action on approval of the Juvenile Detention Facility Contract with the Kickapoo 7 Traditional Tribal of Texas and allow County Judge to sign the same. 8 1.9 Consider, discuss and take appropriate 39 9 action on approval of the FY2017 Juvenile Detention Facility Contracts and authorize 10 the County Judge to sign same. 11 1.10 Consider, discuss and take appropriate 41 action on 2016-2017 Agreement between the 12 Juvenile Detention Facility and the Kerrville Independent School District and 13 authorize the County Judge to sign same. 14 1.11 Discussion regarding concerns of residents 42 in the Castlecomb Subdivision. 15 1.12 Consider, discuss and take appropriate 55 16 action to ratify and confirm the Environmental Review records for Texas 17 Community Development Block (TxCDBG) Grant #7215045 for the Center Point/East Kerr 18 County Wastewater Project. 19 1.13 Consider, discuss and take appropriate 57 action to ratify and confirm the Initial 20 Acquisition Report (Form A600) for Texas Community Development Block (TxCDBG) Grant 21 #7215045 for the Center Point/East Kerr County Wastewater Project. 22 1.18 Consider, discuss and take appropriate 60 23 action regarding purchasing benches for the courthouse grounds. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Consider, discuss and take appropriate 64 action to approve contract with Catapult 4 Health for an employee health screening event to be held in August, 2016 and have 5 County Judge sign same. 6 1.15 Consider, discuss and take appropriate 70 action regarding county vehicles that 7 have incurred hail damage. 8 1.16 Consider, discuss and take appropriate 73 action to approve all documents related 9 to closing grants/loan forgiveness and/or the 2016 Certificate of Obligation related 10 to Center Point/East Kerr County Wastewater System. 11 1.17 Consider, discuss and take appropriate 74 12 action to address possibility of prohibiting the sale or use of restricted 13 fireworks (i.e.: "skyrockets with sticks" and "missiles with fins") in any portion 14 of the unincorporated area of Kerr County pursuant to Local Government Code 352.051 15 for the Fourth of July fireworks season. 16 1.19 Discuss and/or approve Agreement with 74 Kendall County Water Control and Improvement 17 District (WCID) #1 relating to the Center Point/East Kerr County Wastewater System. 18 1.20 Consider, discuss and take appropriate 75 19 action on pending and potential litigation. 20 1.21 Consider, discuss and take appropriate 75 action pertaining to allowing McMullen 21 County to transfer to the Alamo Area Council of Governments and authorize 22 County Judge to sign appropriate documents. 23 4.1 Pay bills. 79 24 4.2 Budget Amendments. 80 25 4.3 Late bills. 82 5 1 I-N-D-E-X 2 NO. PAGE 3 4.4 Approve and accept Monthly Reports. 83 4 4.5 Auditor Reports. 84 5 5.1 Reports from Commissioners/Liaison 84 Committee Assignments as per attachment. 6 5.2 Reports from Elected Officials/Department 84 7 Heads. 8 5.3 Reports from Boards, Commissions and 86 Committees. 9 a). City/County Joint Projects or Operations Reports. 10 b). Other. 11 *** Adjournment 87 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 JUDGE POLLARD: It's June the 13th, 2016, 2 it's 9 a.m., Kerr County Commissioners' Court is in 3 session. Commissioner Precinct 2, Mr. Moser, will lead 4 us in prayer and the pledge today. 5 (Prayer and Pledge of Allegiance.) 6 JUDGE POLLARD: This is part of the session 7 this morning that allows the public to come forward and 8 talk, if you wish to come forward and talk, approach the 9 podium, identify yourself, state your address, and limit 10 yourself to three minutes, please. You don't have to 11 tell me who you are. Jimmy Bitner, is that correct? 12 MR. BITNER: I'm Jimmy Bitner, that's right. 13 JUDGE POLLARD: All right. And what's your 14 address, Mr. Bitner? 15 MR. BITNER: I live on Goat Creek Road. You 16 know where I live. 17 JUDGE POLLARD: Yeah, I do. 18 MR. BITNER: All the rest of you do, too. I 19 want to address you Commissioners. I found you to be 20 the most arrogant, disrespectful people I've ever tried 21 to deal with, and I'm not happy. 22 JUDGE POLLARD: Who is disrespectful? 23 MR. BITNER: Well, you for one. 24 JUDGE POLLARD: Oh, okay. 25 MR. BITNER: And Mr. Moser out here pushing 7 1 and shoving me out of my seat. And nobody will talk to 2 me. I even tried to talk to Commissioner Letz here, and 3 he was so busy, he had to take off to an emergency 4 meeting. And I've had Mr. Reeves out. But y'all won't 5 discuss a problem, and I've got a problem. And it's 6 been going on for a long time with the government here 7 in Kerr County. I've been a resident here for over 30 8 years. I pay taxes, I vote, I do my deals, I pay my 9 bills. And to start out with, when I first moved here I 10 bought a place out here. A neighbor comes to me two or 11 three years later, and he says what do you got here 12 that's so valuable, I said I don't know, what do you 13 mean. He said you're the highest appraised property in 14 Kerr County. I was appraised at five thousand dollars 15 an acre, my neighbor across the road at 800, and up and 16 down. And I started at the KOA and went north to the 17 County line, and the highest price I could find was I 18 think 25 hundred dollars an acre, and I'm at five 19 thousand. That's against the law. And I come into the 20 Appraisal District, and I get smart mouthed, talked down 21 to, and don't get anything. I tried to talk to Mr. Letz 22 a week or two ago, and all at once, I got an important 23 meeting to go to, I gotta go, and he runs off. 24 And Mr. Moseler(sic) here, comes back here 25 and tries to push me out of my seat because I won't talk 8 1 to him. Oh, no I won't shake hands with him. And no I 2 won't shake hands with you today, tomorrow or next week. 3 So I don't trust you and I think you're a smart ass. 4 And I can't get a one of you people to talk to me and 5 discuss my problem. 6 And Mr. Moser, I want to file an assault 7 charge against you for pushing me out of my seat, and 8 wherever the Sheriff is, or whatever we need to do, I 9 want to get her done. 10 Now then, I'll go move my truck and y'all 11 can do your thing. And I'll leave some of my deal here. 12 Oh, one more thing I got here that's quite amusing to 13 me, I contacted Lamar Smith, I helped elect Lamar Smith 14 when he first came to town. And what I fine fella he 15 told me he was. I called him for a problem, and I 16 wanted him to look at it, and he tells me he's got no 17 power. But yet, here he is he sends me all these 18 brochures wanting me to vote for him. Well, why do I 19 want to vote for somebody with no power. I don't vote 20 for him, I don't trust him, I don't respect him. 21 And here's my other matter here. I went 22 through a divorce with Spencer Brown. I wasn't aware 23 that Spencer Brown was the high school sweetheart of my 24 x-wife. I wasn't aware that you, Mr. Pollard, was an 25 x-sweetheart of my x-wife. 9 1 JUDGE POLLARD: I'm not either. I'm not 2 aware of that either. 3 COMMISSIONER BALDWIN: Oh. 4 MR. BITNER: That's her story. That's her 5 story. 6 JUDGE POLLARD: I'm not aware of that. 7 MR. BITNER: She's kind of a Hillary Clinton 8 on, she'll lie to which one proves to be better. I 9 don't know. But I want somebody to sit here and address 10 my complaints and talk to me. But I want -- you set 11 there and witnessed at last meetings back here pushing 12 and shovin' around on me in the chair and I want to file 13 an assault charge against Mr. Moser. 14 JUDGE POLLARD: Mr. Bitner, you're aware 15 that the Appraisal District are the people that have 16 jurisdiction over you -- 17 MR. BITNER: That's just one problem. 18 JUDGE POLLARD: -- over property values. 19 MR. BITNER: That's just one problem. The 20 problem goes on and on, and I can't find a one of you 21 elected officials that will sit down and talk with me 22 and discuss it. You'll dodge and duck, you'll run and 23 you will lie. So I will leave this right here with you, 24 and you can look at it, and study it or do whatever you 25 want to, but I want somebody to talk to me. 10 1 JUDGE POLLARD: It won't do any good for us 2 to talk to you about an evaluation, Mr. Bitner. 3 MR. BITNER: Sir? 4 JUDGE POLLARD: It won't do us any good for 5 us to talk to you about an evaluation, you got to do 6 that with the Appraisal District, we don't have anything 7 to do with that. 8 MR. BITNER: You have some power to hire and 9 fire out there. 10 JUDGE POLLARD: We have the power to set 11 their budget, that's all. And approve their board, 12 that's right. 13 MR. BITNER: Well, let's look and see what 14 kind of job they're doing and inform the citizens of 15 what kind of job they're doing. Because when there's 16 got 500 percent difference in appraisal, that's too 17 much. But I can't get a one of you elected officials, 18 you so called public servants, you represented the 19 people, your law enforcement to talk to me. I come talk 20 to you and you set there and rolled your eyes and looked 21 at the ceiling, and checked your watch, and then all at 22 once, you jump up and say, I gotta go see the democratic 23 women, have lunch with them. But you will not talk to 24 me. You will not discuss the problem. And I know 25 you're looking around and everything -- 11 1 JUDGE POLLARD: That's over a year ago when 2 I went to visit with the democrat -- 3 MR. BITNER: Hu? 4 JUDGE POLLARD: That was over a year ago. 5 Listen -- 6 MR. BITNER: No, it wasn't over a year ago. 7 JUDGE POLLARD: -- we're past our three 8 minutes, you've had your time. All right, thank you. 9 Please go move your truck. Thank you. 10 MR. BITNER: Don't forget me.(Pointing 11 finger towards the Court.) 12 JUDGE POLLARD: Anyone else wish to come up 13 and tell us what they think? 14 COMMISSIONER BALDWIN: Does anybody here 15 like us? 16 JUDGE POLLARD: Now, there being none, we'll 17 get on to the next thing, and that is comments from the 18 Commissioners and the County Judge as to achievements of 19 persons, etcetera. We'll start off with Precinct 1 20 Commissioner. 21 COMMISSIONER BALDWIN: Mr. Bitner's been in 22 here two or three dozen times since I've been a County 23 Commissioner. It's the first time he's ever left me 24 off. It's a hallelujah. 25 COMMISSIONER MOSER: You're a short term. 12 1 COMMISSIONER BALDWIN: One time -- yeah. 2 One time I told him that I wasn't going to run again, 3 that I was going to sit at home and watch TV with my 4 dog, and he comes back here and jumps on me for running 5 again, and he said you said you were just going to sit 6 and watch TV with your dog, and I told him my dog died. 7 And he did not feel sorry for me. So I'm out of it now. 8 Judge, that's all I have for today. 9 JUDGE POLLARD: Thank you very much. Mr. 10 Moser. 11 COMMISSIONER MOSER: Yeah, I'd like to 12 compliment a lot of departments in this County. I think 13 this is our first meeting we've had since then. Road 14 and Bridge and the Sheriff, and maintenance, and 15 everybody, is just you know, came to the -- to the cause 16 and did a superb job and it's not over yet. So hats off 17 to everybody that's worked a lot of overtime and 18 weekends, and everything else. So thank you very much. 19 JUDGE POLLARD: Well, I don't even know who 20 his first wife was. And it sure is news to me that I 21 dated her. I don't even know who she is. All right, 22 that's all I got to say. Go ahead, Commissioner 3. 23 COMMISSIONER LETZ: It served me right to go 24 out and shake his hand before the start of the meeting. 25 I don't have any comments. 13 1 COMMISSIONER REEVES: The only comment I 2 have is, Commissioner 1, you are getting your appetite 3 ready for Friday? 4 COMMISSIONER BALDWIN: Yes, I'm exited about 5 this. 6 COMMISSIONER REEVES: And I want to remind 7 everybody Friday afternoon about 5:00, Divide Fire 8 Department fundraiser, some of the best steaks that you 9 can buy anyplace at 15 dollars a plate. I think we 10 served six or seven hundred of them last year and 11 probably will cook more than that this year. So I know 12 you'll be there with your appetite. 13 COMMISSIONER BALDWIN: Absolutely. It's the 14 best 15 dollars I've ever spent. 15 JUDGE POLLARD: Yeah, they were really good. 16 It's a good meal. A lot of nice people, too. 17 All right. With that we'll go on to item 18 1.1, consider, discuss and take appropriate action for 19 the Court's approval to fill an open, budgeted Road 20 Maintenance Technician position in the Road and Bridge 21 Department. Mr. Hastings -- oh, Ms. Hoffer. 22 MS. HOFFER: We have a road maintenance 23 technician position that's open. We had somebody retire 24 last day of May, and it's a funded, budgeted position 25 and we would like to refill it. We have a crew that is 14 1 short staffed. 2 JUDGE POLLARD: And that was Mr. Bridges, is 3 that right? 4 MS. HOFFER: No; Paul Vargas. He was with 5 us for 8 years. 6 JUDGE POLLARD: Okay. I think when I was out 7 at Road and Bridge, that Bridges said that he was 8 retiring, too. 9 MS. HOFFER: He's not far from it. We've 10 got quite a few people that could retire. 11 COMMISSIONER MOSER: So move. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE POLLARD: It's been moved and seconded 14 that the Road and Bridge be authorized to fill that 15 maintenance technician position. Is there any further 16 discussion or comment about it? There being none, those 17 in favor signify by raising your right hands. It's four 18 zero, unanimous. Thank you. 19 MS. HOFFER: Thank you. 20 JUDGE POLLARD: 1.2, consider, discuss and 21 take appropriate action to transfer a vehicle from the 22 Road and Bridge Department to the Information Technology 23 Department. That's you again? 24 MS. HOFFER: We've got a 1999 Dodge Ram, 25 3500 series at Road and Bridge. The RBU number is 88, 15 1 the serial number on this truck is 3B7MC36W2XM569462. 2 We would like to transfer this truck to the IT 3 Department. There are times where IT needs to get up on 4 the roof, they've got ladders. Sometimes when computers 5 are being surplused out or new equipment is being 6 brought over, we've noticed that John and his staff use 7 their own personal vehicle hauling the stuff in it, and 8 ladders on John's personal truck. And we -- this used 9 to be a supervisor truck. It was bought brand new in 10 1999, and we've got about a hundred and 25 thousand 11 miles on it, still a good truck. We've used it as a 12 backup truck, we've got a couple other backup trucks and 13 we thought -- IT is very good to the Road and Bridge 14 Department, and always keeps us running, and very quick 15 to respond when we have a computer or phone issue. We 16 would like to try to help them out a bit and that way 17 his staff has a truck if they're having to haul things 18 they can use the County vehicle to do that. 19 JUDGE POLLARD: It'll haul a heavy load 20 looks like, it's a dually and a one ton. 21 MS. HOFFER: Yes, single cab, one ton 22 dually. 23 JUDGE POLLARD: Yeah. 24 MS. HOFFER: So our shop has gone over the 25 truck, completely gone through it. We are going to 16 1 check, as far as the tires, if the tires need to be 2 replaced. We're going to make sure we put a new set of 3 tires on it for John. And so he's not getting a vehicle 4 that he immediately has to turn around and put money 5 into. So -- 6 COMMISSIONER MOSER: Is that -- and this 7 would probably be for John. Is a one ton dually the 8 right kind of truck for you? I mean it's nice that Road 9 and Bridge is doing that, but -- 10 JUDGE POLLARD: Yeah, that was my -- 11 COMMISSIONER MOSER: That is a big computer 12 you could haul around. 13 MR. TROLINGER: Well, we do make recycle 14 runs. We do typically borrow a maintenance vehicle with 15 a big, you know, six foot bed or larger. We do that 16 every couple of months. For example Friday I had to go 17 out to the airport late after five. And then Sunday, I 18 had to go out to the Exhibit Hall. Well, if we put the 19 ladder and some other things in the truck, and it's 20 always available, you know, I can have that truck ready 21 to go for situations like that. 22 COMMISSIONER MOSER: My question is, would 23 it be more cost effective, especially in operations' 24 cost, and wheel replacement or tire replacement, and all 25 that kind of stuff, if you traded that for something 17 1 that's a little bit more economical -- 2 MR. TROLINGER: Yes. 3 COMMISSIONER MOSER: -- to operate? I mean 4 that thing probably gets eight miles to a gallon or 5 something like that. 6 MS. HOFFER: I don't know. It's got a V10 7 in it, it is a gasoline motor. 8 MR. TROLINGER: I was going to say that it's 9 not often that I'm going to make those trips and I don't 10 plan on using it every day. But it would be equipped 11 for on-call use. 12 COMMISSIONER MOSER: That's all I asked. I 13 think you understand what I'm saying. 14 MR. TROLINGER: I think economically the 15 economics of using the vehicle, it would have such low 16 mileage, such low usage. 17 COMMISSIONER MOSER: I'm not going to argue 18 with you, you know what I'm saying. Just why don't you 19 consider that. I think it's nice -- 20 COMMISSIONER LETZ: Similar question, I 21 guess, what do y'all use right now? There's not a 22 vehicle in IT? 23 MR. TROLINGER: We use our personal vehicles 24 for just about everything. Once in a while we'll go to 25 Road and Bridge, and they've got different vehicles. 18 1 For example they've got a bucket truck that we use 2 that's great. The maintenance department will loan us 3 their truck for recycle runs when we have a large one, 4 my truck's full or Bruce's truck is full. So we just -- 5 COMMISSIONER LETZ: I'm kind of where 6 Commissioner Moser is. It even -- I think there's a 7 need for a truck in your Department, but I'm just not 8 sure this is the right truck. I'm wondering would a van 9 be better or something like that? I'm trying to figure 10 out what would be the best. I don't know the surplus 11 value of it, but if you could trade it in on something 12 that is a true IT vehicle that could be -- items secure 13 inside and things like that. 14 MR. TROLINGER: Well, the City of Kerrville 15 has a small van that they use. But my idea is that I 16 want to be able to put the ladder, you know, a large 17 ladder and some tools in it. And this vehicle will 18 certainly hold that, as is, without any modifications. 19 COMMISSIONER LETZ: Well, I think we could, 20 in the short term do this, but it seems to me that 21 there's probably still a -- possibly a better vehicle. 22 COMMISSIONER BALDWIN: John, would you 23 consider trading the truck in -- 24 MR. TROLINGER: Yes, Sir. 25 COMMISSIONER BALDWIN: -- on something 19 1 that's more -- 2 MR. TROLINGER: Yes, Sir. 3 COMMISSIONER BALDWIN: Okay, thank you. 4 COMMISSIONER MOSER: That's a good idea. 5 COMMISSIONER BALDWIN: Well, I've got to do 6 all the thinking around here. 7 COMMISSIONER REEVES: If Road and Bridge can 8 make sure a truck of some type's available until we can 9 find a suitable vehicle for his -- for his needs, would 10 you mind just letting him have the truck as needed like 11 you've been doing? 12 MS. HOFFER: It won't be a problem. 13 COMMISSIONER REEVES: Let's just do that 14 instead of transferring something right now. 15 MR. TROLINGER: And Commissioner, the other 16 use and I was going to mention it, but the Sheriff 17 actually brought it up you, is there are two command 18 trailers, there's one that's got a lot of our IT spare 19 equipment that goes out in our field with any emergency 20 like the fire out west. And then there's the large 21 trailer, command trailer, which sometimes both of those 22 need to go out to the site. And I'm sure that this 23 would be appropriate until a smaller one -- 24 COMMISSIONER REEVES: That's what I'm 25 saying. For the interim use y'all work out something 20 1 and then perhaps we can find a vehicle that would be 2 suited for what you're needing. 3 MR. TROLINGER: So okay, so we're going to 4 leave it with Road and Bridge right now and then just 5 borrow it as needed. 6 COMMISSIONER REEVES: If that's okay with 7 Road and Bridge? 8 MS. HOFFER: Yeah, I don't have a problem 9 with it at all. If all we're going to do is give it to 10 them and trade it in, I was probably going to put new 11 tires and spend the money on it. I don't think the 12 tires are bad on it. We just wanted to make sure if 13 John was going to get it that he was not going get it 14 and have to turn around and spend money on it. 15 COMMISSIONER MOSER: But John, take a look 16 at what you need and see how that can be applied. 17 MR. TROLINGER: Okay. Will do, thank you. 18 MS. HOFFER: Thank you. 19 JUDGE POLLARD: All right. Well, is there a 20 motion though for temporarily to move it over to him? 21 COMMISSIONER MOSER: I don't think -- I 22 think they know what to do. 23 JUDGE POLLARD: Okay. All right. We'll go 24 to item 1.3 consider, discuss and take appropriate 25 action to set the pay rate for Floodplain 21 1 Administration. Mr. Hastings. 2 MR. HASTINGS: Thank you. John Hewitt with 3 Hewitt Engineering was approved under Court Order Number 4 31262 on April 13th, 2009 as the Floodplain 5 Administrator for Kerr County. That court order set the 6 pay rate at a hundred dollars an hour to be funded by 7 residential and commercial floodplain development permit 8 fees. In October 2012 the Court approved an increase 9 from a hundred to a hundred and ten. 10 In a letter dated May 12th, 2016, the 11 Floodplain Administrator has requested an increase from 12 one ten per hour to a hundred and 45 per hour to go into 13 effect with the new fiscal year beginning October 1, 14 2016. That the current floodplain administration permit 15 fees aren't covering the cost of his services. We felt 16 like we needed to cover them under the new cost, we 17 could increase the erosion control permit fee from 55 18 dollars to a hundred dollars, we'd be making up about 19 800 dollars total. There's about 18 of those permits on 20 average per year. So that's how that could get paid 21 for. 22 COMMISSIONER LETZ: Charlie, why wouldn't 23 you just increase the -- I mean this bill out, whatever 24 we're paying on the fees. Why would we look to erosion 25 to make up the difference. Why wouldn't we just charge 22 1 a hundred and 45 dollars or a higher amount on all the 2 fees? 3 MR. HASTINGS: We could do that, we could do 4 that. 5 COMMISSIONER LETZ: I mean I don't have a 6 problem, a preference one way or the other how y'all do 7 it. If you think that's the best way, I think that's 8 fine. But I think the users are paying, it's a user 9 fee, and I think it's a, you know, for that type of 10 work, the fees that Mr. Hewitt is requesting are 11 reasonable. And I guess I don't have any -- anyway you 12 can make up the difference makes no difference to me as 13 long as it's a self-funded program. 14 MR. HASTINGS: Okay. We can come back with 15 a different fee schedule that -- 16 COMMISSIONER LETZ: If you think that's the 17 best that's fine. I'm just asking the question. 18 MR. HASTINGS: I like what you're saying. 19 And I actually would prefer to level it out between all 20 of the fees. But I'll need to come back with what those 21 proposed fees are. 22 JUDGE POLLARD: I like the idea of listing 23 so that the customer knows, a list of what the 24 floodplain part, kind of a detailed list so they 25 understand what the fees are for. I like that. 23 1 COMMISSIONER MOSER: Let me ask a question 2 of John, what's that like a 30 percent increase? Why 3 the big jump? 4 MR. HEWITT: Well, to be candid with you, I 5 asked for a little bit less and we talked with Charlie, 6 and we kind of came to a conclusion that we should go up 7 to this rate. So my initial request was a little bit 8 less than this. 9 COMMISSIONER MOSER: Well, that's -- you 10 know, I don't know what in the economy would say that a 11 30 percent increase in one year -- I mean in one step 12 is -- 13 MR. HEWITT: It has been -- 14 COMMISSIONER MOSER: Hu? 15 MR. HEWITT: It has been 2012 since the last 16 one. 17 COMMISSIONER MOSER: Okay. All right, well 18 that's a good point. I wasn't realizing that was the 19 last one, okay. 20 MR. HASTINGS: It's been a while. And I can 21 tell you that we've been getting a bargain, more than a 22 bargain in his humility, he said this is what I think my 23 new fee should be, and -- 24 COMMISSIONER MOSER: What do you think it 25 should be? 24 1 MR. HEWITT: Well, I hate to even tell you 2 now, we're negotiating here. I was thinking in the 125 3 range, 130 range, so -- 4 COMMISSIONER MOSER: 130 sounds good. 5 COMMISSIONER LETZ: I would like them to 6 come back with a completed schedule revised. 7 COMMISSIONER MOSER: Well, but that's just 8 passing it on to the customers. 9 COMMISSIONER LETZ: Well 130 is fine. I 10 think it needs to be, I mean. 11 JUDGE POLLARD: You've showed your hold 12 card. 13 MR. HEWITT: And here's where I'm coming 14 from is I appreciate the opportunity to serve the 15 County. So I'm not here to -- 16 COMMISSIONER LETZ: I guess part of mine and 17 there's a cost to the County as well. I mean there's 18 times -- and Hewitt does the bulk of the work. But on 19 our permit fees, there's work internally as well, and 20 that's to be paid for by these fees as well. 21 COMMISSIONER MOSER: I understand. 22 MR. HASTINGS: Where we don't have his fees 23 paid for is when we have complaints. Complaints have to 24 be investigated, and it doesn't cost anything. There's 25 no permit fee for someone to file a complaint. Now a 25 1 permit may come out of that complaint, but sometimes it 2 does and sometimes it doesn't. If we do a hundred and 3 30 dollar per hour, we won't need to change any of the 4 rates at all. It'll still -- everything will be 5 covered. 6 COMMISSIONER MOSER: Good. Good. 7 COMMISSIONER BALDWIN: Even though it's fee 8 covered, shouldn't it just go through the budget process 9 like every other employee of this County of three 10 hundred people. I mean why -- why would we do it this 11 way as opposed to just put it in the budget and just get 12 on down the road. 13 COMMISSIONER MOSER: Good point. 14 COMMISSIONER BALDWIN: And vote up or down 15 on the budget. 16 COMMISSIONER LETZ: My only -- I'm not sure 17 this is part of the budget. 18 JUDGE POLLARD: I'm not sure of that either. 19 MRS. DOSS: There is a line item in the 20 budget. He has a contract, I believe, a contract that 21 we would have to approve. 22 MR. HASTINGS: We budget a certain amount, 23 we estimate how many permits that we're going to do per 24 year, and how much time for his services. And that is 25 budgeted in -- there's a line item specifically for it. 26 1 COMMISSIONER MOSER: I move that we increase 2 the fees for the -- or the payment for the consulting 3 for the floodplain administrator to a hundred and 30 4 dollars an hour. 5 COMMISSIONER LETZ: Second. 6 JUDGE POLLARD: It's been moved and seconded 7 that the fees for the Floodplain Administrator 8 consulting fees be increased to a hundred and 30 dollars 9 an hour. Is there any further comment or discussion? 10 COMMISSIONER LETZ: Just a clarification. 11 And that with that the direction is to adjust the fees 12 in the budget accordingly. I mean to make the budget 13 work out that way, correct? 14 MR. HASTINGS: There won't need to be any 15 adjustment, but -- 16 JUDGE POLLARD: Any further discussion or 17 comment? 18 COMMISSIONER REEVES: And this would be 19 effective October 1? 20 MR. HASTINGS: October 1. 21 JUDGE POLLARD: All right. Effective 22 October 1 of 2016. All right, any further discussion or 23 comment? Those in favor of the motion signify by 24 raising your right hands. It's four zero, unanimous. 25 Thank you, Sir. Thank you for your willingness to work 27 1 for Kerr County serving the public. 2 COMMISSIONER MOSER: And doing a good job. 3 JUDGE POLLARD: Yes, Sir. Appreciate that 4 very much. 5 Item 1.4, consider, discuss and take 6 appropriate action for the Court to approve Amendment 7 No. 6, construction phase engineering, to the agreement 8 for engineering services between Kerr County and Tetra 9 Tech, Inc. for the East Kerr County/Center Point 10 Wastewater Project. Commissioner Letz and -- and Moser 11 as well as Mr. Hastings. 12 COMMISSIONER LETZ: Mr. Hastings. 13 JUDGE POLLARD: Okay. 14 MR. HASTINGS: Yes, thank you. Amendment 15 No. 6, proposal for construction phase engineering, 16 which includes Tetra Tech services for pre-construction 17 meeting, handling pay applications, contractor 18 submittals, request for information, change orders, and 19 preparation of the operation and maintenance and 20 preparing plans of record as well as monthly site 21 inspections and site progress meetings. And the 22 proposed fee for these engineering and services is 23 $594,400.00. This is a budgeted line item in the Texas 24 Water Development Board Grant that we're receiving in 25 loan forgiveness for the East Kerr Count/Center Point 28 1 Wastewater Project. They're in line with the funding 2 application, we did have $541,223.00 for construction 3 engineering. We also had $53,177.00 for TxDOT tree 4 surveys and TxDOT permit applications. Those are going 5 to be moved from the construction phase into this 6 portion of the engineering phase and the purpose for 7 that is to get started earlier before the contractor 8 gets hired to streamline the construction process. So 9 the total would be those two numbers combined, 10 $594,400.00. 11 The County Engineer request that the Court 12 consider, discuss and take appropriate action to approve 13 the Amendment No. 6 construction phase engineering to 14 the agreement for engineering services between Kerr 15 County and Tetra Tech, Incorporated for the East Kerr 16 County/Center Point Wastewater Project, Precincts 2 and 17 3. 18 COMMISSIONER MOSER: Move to approve. 19 COMMISSIONER LETZ: second. 20 JUDGE POLLARD: Been moved my by 21 Commissioner Moser and seconded by Commissioner Letz, of 22 this item authorizing execution of the Amendment No. 6 23 to the agreement for engineering services between Kerr 24 County and Tetra Tech, Inc. for the East Kerr County and 25 Center Point wastewater project. Is there any further 29 1 discussion or comment? 2 COMMISSIONER MOSER: Let me comment on one 3 thing. Tetra Tech has been on the systems engineering 4 job since the beginning of this project, or has done a 5 really fantastic job, and Keller has been the engineer, 6 and Keller has left the company, and Charlie, why don't 7 you introduce -- 8 MR. HASTINGS: Don Berger. 9 COMMISSIONER MOSER: Don Berger, who is the 10 representative for Tetra Tech. Lots of experience in 11 construction, at least septic systems. So we've had 12 several good meetings with Commissioner Letz and myself 13 and Charlie. So I think this is -- I think this is a 14 move in the right direction to put these guys in front 15 of the project early before the construction begins. 16 MR. BERGER: I work with Keller back in the 17 San Antonio office, and so I'm familiar with the 18 project. And look forward to getting it under 19 construction and doing a good project for you. So 20 appreciate the opportunity to be here, and continue to 21 do work for Kerr County. 22 COMMISSIONER MOSER: Thank you, Don. 23 COMMISSIONER BALDWIN: Thank you, Sir. 24 COMMISSIONER LETZ: This covers a hundred 25 percent of all of the engineering, additional types of 30 1 engineering during the construction phase. 2 MR. BERGER: That's correct. 3 COMMISSIONER LETZ: Just wanted to make 4 sure. 5 JUDGE POLLARD: All right. Any other 6 comment or discussion? If not -- 7 COMMISSIONER LETZ: I do have another 8 question. I'm sorry. 9 JUDGE POLLARD: All right, go ahead. 10 COMMISSIONER LETZ: Does this cover 11 engineering on a change order? 12 MR. BERGER: Yes, it does. So if there is a 13 change order during the construction procedure, there 14 probably will be some, and the project this size and 15 this complicated, it's difficult to do without any 16 change orders, and so we expect some. We'll do our best 17 to keep that to a minimum, but we will address those 18 change orders. The only -- the type of change order it 19 would not cover would be something completely out of the 20 scope of the construction. For example, if we added a 21 new sewer line to the project or something like that, 22 that would be an additional item. But otherwise, it's 23 change orders normal to the construction project are 24 absolutely covered. 25 COMMISSIONER LETZ: And on the inspections 31 1 are a different line item? 2 MR. BERGER: Inspections are a different 3 line item. The construction inspector on the site, we 4 can provide that, but that would be under a separate 5 amendment or separate contract. 6 COMMISSIONER LETZ: All right, thank you. 7 JUDGE POLLARD: All right. Those in favor 8 of the motion signify by raising your right hand. It's 9 four zero, unanimous. Thank you, Sir. 10 All right, item 1.5, consider, discuss and 11 take appropriate action regarding Kerr Economic 12 Development Corporation Budget, and request for funding. 13 Mr. Jonas Titas. 14 MR. TITAS: Good morning, Commissioners. 15 You'll see in your packet -- 16 JUDGE POLLARD: First of all, do you like 17 us? 18 MR. TITAS: Pardon. 19 JUDGE POLLARD: Do you like us? 20 MR. TITAS: Very much so. 21 JUDGE POLLARD: I just want somebody to say 22 that this morning. 23 COMMISSIONER MOSER: Well, Don liked us. 24 COMMISSIONER BALDWIN: Of course you gotta 25 pay for it. 32 1 MR. TITAS: But we're beginning -- as I've 2 been on staff, this will be starting our 5th year. If 3 you look at the budget request, if you look at the 4 budget, I incorporated the last five years. It appears 5 that our budget is -- our request is increasing. I 6 would say I wanted to explain that. When I came on 7 staff, I inherited a budget of three hundred and 30 8 thousand dollars. We cut that to about 2 hundred and 60 9 thousand dollars. So -- and then also there was a six 10 month gap between Ray Watson and myself coming onto 11 KEDC, so there was unallocated resources. So during 12 that time KEDC accumulated some funds in our operational 13 account and working with you all, and trying to be as 14 transparent as we could be. We did not want -- and also 15 to the taxpayers. We did not want KEDC to be sitting on 16 -- we had up to a hundred and 80 thousand dollars at one 17 point just sitting in unallocated resources, because 18 of -- due to the concurrent factors of decrease in the 19 budget, and not spending money for six months. So what 20 we did was we underfunded the organization for the last 21 several years to use the fund balance. That fund 22 balance has been retired. So we are a very, very -- we 23 zero base our budgets where we're extremely streamlined, 24 I think we've had a very good track record in the last 25 couple years. 33 1 I just went to office this morning and 2 double tracked a lot of the economic impact reports that 3 we've run for the James Avery and the Mooney projects. 4 You'll -- the County will receive directly, and this is 5 not in an indirect allocation by any means. And this 6 also incorporates the tax rate and the roof. The County 7 will get three million dollars from in sales taxes and 8 ad valorem taxes over the next ten years for those two 9 projects alone, so we feel that we're providing a pretty 10 good bargain, we're providing a pretty good product. 11 We're proud of our track record, and we would like to 12 come to you guys this morning and ask for one more year 13 of keeping the lights on and paying the rent. 14 COMMISSIONER MOSER: We move that we accept 15 the budget request. We'll put it as part of our whole 16 budget process. And I think that Jonas makes the point. 17 It looks like it's an increase, but it's even less than 18 it was several years ago, when the amount that we 19 contributed has been decreased every year because of 20 some surplus funds that were in the account, so I so 21 move. 22 COMMISSIONER LETZ: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Moser, seconded by Commissioner Letz that we'll accept 25 the budget request from Kerr County -- 34 1 COMMISSIONER MOSER: Economic Development 2 Corporation. 3 JUDGE POLLARD: -- Economic Development 4 Corporation. And any further comment? 5 COMMISSIONER BALDWIN: I have a question, 6 one question. What is the percentage of the salary 7 increases? 8 MR. TITAS: That was -- I didn't receive a 9 salary increase this year, and we also got bonuses based 10 on this past -- for winning the State award. The salary 11 increase for the most part is due to a one-time bonus. 12 I did get about a three and a half percent salary 13 increase. 14 COMMISSIONER BALDWIN: Three and a half. 15 And how many employees are over there? 16 MR. TITAS: Myself and my assistant. 17 COMMISSIONER BALDWIN: And your assistant 18 got about what? 19 MR. TITAS: She also got the exact same 20 percentage increase as I did. 21 COMMISSIONER BALDWIN: Thank you. 22 JUDGE POLLARD: Any other comments or 23 discussion? 24 COMMISSIONER REEVES: I just want to 25 compliment Jonas for his work, and what he's trying to 35 1 do. I've been at certain events and he is marketing 2 Kerrville, and bring business here and I thank him for 3 that. 4 MR. TITAS: Appreciate that. 5 JUDGE POLLARD: Okay, those in favor of the 6 motion signify by raising their right hand. It's four 7 zero, unanimous. 1.6 -- 8 MR.JONAS: Thank you very much for your kind 9 support. 10 JUDGE POLLARD: -- consider, discuss and 11 take appropriate action on amendment to and/or revision 12 of the Kerr County Juvenile Detention Policy and 13 Procedure Manual. This includes but it is not limited 14 to approval of the Suicide Prevention Plan. 15 MR. DAVIS: Good morning, Your Honor. 16 Commissioners. Just before you a couple weeks ago with 17 the Suicide Prevention Plan. You approved that plan. 18 This is a modification, the County Attorney has seen it. 19 MHDD is not willing to sign the suicide prevention plan. 20 We are required by State statute to have one in place, 21 with a qualified mental health professional providing 22 signing off and approving that plan. Carol Triola has 23 agreed to -- she has reviewed this agreement, this plan, 24 she's agreed to provide that service to the County at no 25 charge. She does contract with Juvenile Probation 36 1 Department. She's one of our contractors, LPC's, and 2 she just said this was something that she would be 3 willing to do and provide to the County at no charge. I 4 would ask that this Court approve that, and authorize 5 the Judge to sign the same. 6 COMMISSIONER BALDWIN: So move. 7 COMMISSIONER REEVES: Second. 8 JUDGE POLLARD: It's been moved and seconded 9 that the revision of the Kerr County Juvenile Detention 10 Facility policy and procedure manual as to the suicide 11 prevention plan be approved. Is there any further 12 discussion or comment? 13 COMMISSIONER LETZ: If I -- make sure I 14 heard you exactly the MHDD will not do this work, or 15 refuse to do it? 16 MR. DAVIS: They refuse to sign the plan. 17 They said they're still going to provide the services as 18 far as suicide assessments, they will come out and 19 provide service, but they will not sign any agreements. 20 COMMISSIONER LETZ: Okay. That's a State 21 agency. 22 JUDGE POLLARD: This is a trend. This is a 23 trend. 24 COMMISSIONER LETZ: I'm just saying it's an 25 unfunded mandate essentially as long as we get that on 37 1 the record, that the -- 2 JUDGE POLLARD: Absolutely. 3 COMMISSIONER LETZ: Going in that direction. 4 The State agency that's refusing to do work for the 5 juveniles. 6 JUDGE POLLARD: And shifting it to us to 7 have to pay for it for getting that work done. By the 8 way they've offered to do it for pay if we wanted to do 9 that, I think that is correct, Jason? 10 MR. DAVIS: Yes, Your Honor, that's correct. 11 JUDGE POLLARD: So this is an unfunded 12 mandate. 13 COMMISSIONER LETZ: And the person to talk 14 to about this is Andy Murr, is that correct? 15 JUDGE POLLARD: Yes. Yes. Absolutely. 16 All right, I forgot, is there a motion on 17 the floor? All right. Those in favor of the motion 18 signify by raising your right hand. It's four zero, 19 unanimous. 20 1.7 consider, discuss and take appropriate 21 action on agreement between Juvenile Detention Facility 22 and Cameron County, and authorize the County Judge to 23 sign same. Mr. Davis. 24 COMMISSIONER BALDWIN: I move for approval. 25 JUDGE POLLARD: Is there second? 38 1 COMMISSIONER LETZ: Second. 2 JUDGE POLLARD: Been moved by Commissioner 3 Baldwin, seconded by Commissioner Letz that we approve 4 the agreement between the juvenile detention facility 5 and Cameron County and authorize the County Judge to 6 sign same. Is there any further discussion or comment? 7 COMMISSIONER LETZ: Just clarification. Is 8 this the same form we've used with other counties? 9 MR. DAVIS: Yes, Sir. Well, actually this 10 is a different form. It's the same form we currently 11 have in place. It's an extension so they can house 12 children here in the event of an emergency, but it's 13 just an update. 14 JUDGE POLLARD: That's a long way to travel 15 to house them from Cameron County? 16 MR. DAVIS: Yes, Sir. This is part of the 17 hurricane evacuation plan, to get at least out of the 18 area. 19 COMMISSIONER LETZ: Not much of a plan. 20 JUDGE POLLARD: Well, there is. But -- 21 well, there's there are a couple detention facilities 22 down there between -- anyway, those in favor of the 23 motion signify by raising their right hands. It's four 24 zero, unanimous. 25 1.8 consider, discuss and take appropriate 39 1 action on approval of the Juvenile Detention Facility 2 contract with the Kickapoo Traditional Tribal of Texas 3 and allow the County Judge to sign same. 4 MR. DAVIS: We had a request from the Tribal 5 Nation. They would like to place some of their female 6 residents when they have them detained within our 7 facility. They currently have a contract with males 8 within Val Verde County. Val Verde County does not have 9 the ability to house females. There are counties in 10 this State, Val Verde being one that have the contract 11 with the Tribal Nation. This is our standard contract, 12 TJJD has approved this contract, as well as the County 13 Attorney. 14 COMMISSIONER LETZ: Move for approval. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE POLLARD: Been moved by Commissioner 17 Letz, seconded by Commissioner Baldwin to approve the 18 contract between the Juvenile Detention Facility and 19 Kerr County and the Kickapoo Traditional Tribal of 20 Texas, and allow the County Judge to sign same. Is 21 there any further comment or discussion? There being 22 none those in favor signify by raising your right hands. 23 It's four zero, unanimous. 24 1.9 consider, discuss and take appropriate 25 action on approval of the fiscal year 2017 Juvenile 40 1 Detention Facility contracts and authorize the County 2 Judge to sign same. Mr. Davis again. 3 MR. DAVIS: This is an update too to the 4 current contract. The changes the County attorney has 5 approved it. We would ask that this Court approve this 6 contract so that we can mail it out to our 19 vendor 7 counties, and to our one vendor Tribal Nation, and then 8 authorize the County Judge to sign those prior to 9 sending out, so that we can allow other counties to 10 place their children within this facility. 11 COMMISSIONER BALDWIN: The per day sum 12 remains the same? 13 MR. DAVIS: Yes, it does. 14 JUDGE POLLARD: Are you anticipating that 15 this is going to increase the number of tenants, let's 16 call them? 17 MR. DAVIS: No, Sir. Because there's been 18 no change in the number of counties that we are 19 contracting with, and so for that reason I don't foresee 20 that. I would say if we raised the rate, it's a 21 competition, and so many of our counties have other 22 options. I would not recommend raising the rate at this 23 time because the slight gain we would lose in the daily 24 rate. I think would by far overall lose when we start 25 talking about the numbers of the kids in the building. 41 1 COMMISSIONER BALDWIN: I move for approval. 2 COMMISSIONER REEVES: Second. 3 JUDGE POLLARD: Moved for approval by 4 Commissioner Baldwin, seconded by Mr. Letz(sic) to 5 approve the contracts for the various counties and 6 entity's that the Juvenile Detention Facility deals with 7 for the fiscal year 2017. Any additional comments or 8 questions? If not, those in favor signify by raising 9 their right hand. It's four zero, unanimous. Thank 10 you, Mr. Davis. 11 1.10 consider, discuss and take appropriate 12 action on 2016-2017 agreement between the Juvenile 13 Detention Facility and the Kerrville Independent School 14 District, and authorize the County Judge to sign same. 15 Mr. Davis again. 16 MR. DAVIS: Again there's no significant 17 changes. This agreement's been in place, it's just a 18 renewal for the next year with KISD to provide 19 educational services for the -- 20 JUDGE POLLARD: This is for the teachers in 21 the juvenile detention center. 22 MR. DAVIS: Yes, Sir. 23 COMMISSIONER BALDWIN: So move. 24 COMMISSIONER LETZ: Second. 25 JUDGE POLLARD: Been moved by Commissioner 42 1 Baldwin and seconded by Mr. Letz for approval of the 2 contract between the juvenile detention facility and the 3 Kerrville Independent School District, and authorize the 4 County Judge to sign same. This is regarding the fiscal 5 year 2016 and 2017. Any further comments, discussion or 6 questions? There being none, those in favor signify by 7 raising your right hands. It's four zero, unanimous. 8 MR. DAVIS: Thank y'all. 9 JUDGE POLLARD: All right. Item 1.11 10 discussion regarding concerns of residents in the 11 Castlecomb Subdivision. I have three public 12 participation forms that are applicable to this 13 particular subject matter. First one I have Elsie J. 14 Roddick. Is she in the audience and would she like to 15 step forward to the podium. I note that your last name 16 is Roddick it is, R-O-D-D-I-C-K. Your address is 113 17 Dover Drive in Kerrville? 18 MRS. RODDICK: Yes, yes. 19 JUDGE POLLARD: Thank you, go ahead. 20 MRS. RODDICK: Yes. I've been a resident in 21 Castlecomb for 16 years, love the place, love Kerrville. 22 Unfortunately we've been having problems for quite a 23 number of years as you know. But to wake up every 24 morning to know is there going to be a port-a-potty on 25 my driveway, or they going to plop something on my door 43 1 saying your house cannot be lived in anymore. It's 2 frightening. I am 85, my husband is 89, and we came 3 here to finish our days and be happy. But there's been 4 lots of problems in Castlecomb. And this is more or 5 less the straw that broke the camel's back, and I would 6 love you gentlemen and Kerr County to help our 7 residents, really help us get over this thing. And I 8 really rely on you and respect you to help us in this 9 terrible situation. 10 JUDGE POLLARD: Thank you. 11 MRS. RODDICK: Thank you. 12 COMMISSIONER MOSER: Thank you, Miss 13 Roddick. 14 JUDGE POLLARD: The next one I have is 15 Mr. Clay Moorehead. Your address is 101 Dover Drive? 16 MR. MOOREHEAD: It is. 17 JUDGE POLLARD: All right, thank you. Go 18 ahead. 19 MR. MOOREHEAD: Good morning, guys. Hey, 20 Tom. 21 MR. MOSER: Good morning. 22 MR. MOOREHEAD: I moved in Castlecomb in 101 23 Dover Drive in 2002. At the time the water, sewer and 24 garbage was 42.50 a month. Today it's a hundred and 35 25 dollars and does not include garbage. So garbage, I had 44 1 to go out and contract someone, which was 32 dollars a 2 month, so do the math. There's been a significant 3 increase. I've been listening to you guys all morning 4 address your budgets, and why something increased to 30 5 percent. Well, you need to do your math. What has this 6 guy done with the money, Corey Ables? His system has 7 failed. 8 In 2008 the Ables started without any kind 9 of permit or authorization, started adding three modular 10 homes that were off the deed restricted area and tapped 11 it into this community sewer system. As well as the 12 water now. The water's not my concern; the problem is 13 the sewer system is already over taxed. Well they did 14 that in 2008, and there were slapped with a fine. Well 15 now we've got two more homes behind us and it's my 16 understanding that they want to tap into that as well. 17 Something again that's already been over taxed. 18 So you got people from different sources 19 here that are -- whether it's legal or not or with a 20 permit or without, should not be allowed to tap into 21 this over taxed community sewer system. 22 My other concern is this guy can go down to 23 the courthouse here and change the deed restrictions at 24 will, and he revised them recently, or amended them 25 recently to where he can raise our rates again at any 45 1 time he wants to. So in order for us to even know when 2 they'll be changing these deed restrictions we have to 3 check them every week to see what he's done, because he 4 doesn't even tell us oh, I made an amendment to the deed 5 restrictions. He doesn't ask any of us. He doesn't 6 inform us when he's done it. He's managed to go in and 7 rewrite the deed restriction to where he's no longer 8 required to provide garbage, yet it's still a hundred 9 and 35 dollars. I don't think the guys got the 10 appropriate business structure and the permits to even 11 be doing business like this. We also happen to know 12 he's got a court case come up soon, because of the sewer 13 system. 14 So with all that being said, we've already 15 gone to Court with the Ables, and it was ruled in our 16 favor. It was our understanding the deed restrictions 17 were going to go back to the original. Well, since then 18 this guys gone and changed them again. Well, we've had 19 a Judge's ruling on this, so where is the enforcement? 20 That's my question, what's the enforcement for this? 21 So with all that being said I know you guys 22 are in the process of doing some things, but just like 23 everybody that lives on the street is really concerned 24 about will our houses be condemned. Will we ever be 25 able to sell them again? Because right now we can't. 46 1 They can't sell a house. There's people in the room 2 here that have tried to sell their house, and they 3 couldn't. So please do what you can. It's -- it's not 4 right what this guy's doing. 5 COMMISSIONER MOSER: Thanks. I've got some 6 comments. But I'm going to wait to hear what the other 7 people would like to say first. 8 JUDGE POLLARD: Rick Phipps. 9 COMMISSIONER BALDWIN: My favorite drummer. 10 MR. PHIPPS: Good morning, Judge. Good 11 morning, Commissioners. 12 JUDGE POLLARD: Good morning. And your 13 address is 100 Oxford Place, is that right? 14 MR. PHIPPS: Yes, 100 Oxford Place, where I 15 have lived there close to ten years. Kind of bring you 16 up to -- kind of add to what's been already said. The 17 two homes that just built, he's already added the sewer 18 system on to our over-taxed unit. Already. There's got 19 to be some kind of regulation where he can't do that. 20 If you do the math there's 28 homes, and $135.00 a 21 piece, he can certainly afford to fix the sewer system. 22 I spoke directly to the man who has been hired to 23 maintain that system, informed me last week that A he's 24 never been paid yet, B he was told -- he advised Corey 25 Able who doesn't -- neither one of the two sons live in 47 1 the State of Texas, they live outside the State of 2 Texas. A warrant was issued for Corey Ables, and my 3 understanding was he was stopped in Fredericksburg and 4 taken to Court, and posted bail, and now he's got his 5 court case coming up here. 6 His father previously to that had something 7 over 20 suits filed against him. He moved to France. 8 And then the next thing we heard he was dead, and left 9 the sons to handle his affairs. And the old saying is a 10 crook doesn't fall far from the tree. And in this case 11 the gentleman taking care of the system said he was 12 hired to come out there and check it once a month; 13 however, he's been coming out there more often, because 14 there is a severe problem, two of the pumps no longer 15 work. He's having to maintain this system with two 16 pumps when it requires four. I asked him if one of the 17 other additional pumps fails or another one fails, he 18 says you're done. He said I advised him to buy two 19 pumps at my cost, which were 38 hundred dollars a piece. 20 He told me he was not going to do that. He was going to 21 go to Home Depot and buy a pump from there at 800 22 dollars. So if he's refusing to do what he's been 23 instructed to do by TCEQ to fix this system, why is he 24 getting allowed to get away from this? And I understand 25 you guys really don't have the authority to go in there 48 1 and do something since TCEQ has got control of this, but 2 somewhere there has to be some kind of pressure put on 3 TCEQ or the Court system. This guy's polluting the 4 Guadalupe River. And my next step is to go to San 5 Antonio, go before the TV stations and get everybody 6 that I can get ahold of to make this available, because 7 down river they're getting polluted because our sewer 8 system is failing. 9 We've tried to get organized. We don't have 10 a homeowner's association. And I've been advised by an 11 attorney to try to get as many people on it as possible. 12 Well, some of those people are scared to do anything. 13 For a fear of getting their fees raised again, a hundred 14 and 35 dollars a month for water and sewer, that's a bit 15 much. And we have a lot retirees out there and this is 16 just getting out of control. Something needs to be 17 done. Gentlemen, thank you. 18 COMMISSIONER BALDWIN: I agree. 19 COMMISSIONER MOSER: Let meet comment, if I 20 may. This has been a real stinky issue for sometime. 21 JUDGE POLLARD: No pun intended. 22 COMMISSIONER MOSER: Yes, there was. And 23 I'll step off into something, I don't want to play 24 lawyer here, but there's three issues here. Number 1 25 there's a civil issue, I think the homeowners have with 49 1 the developer, Mr. Ables. I think there's the criminal 2 issue which is I think there's a trial set for that, and 3 then there's an environmental issue. And as far as 4 environmental issue is concerned with this central 5 septic system, the County was it at one time, and I'll 6 ask Ray to speak, Ray Garcia. The County at one time 7 was in charge and had the permits holding the permit for 8 that septic system. It is now been in -- I know the 9 residents don't like this, but it's been given to TCEQ. 10 I'm here to say I don't think TCEQ is doing their job, 11 and I'll be very blunt with that. And I'm with Miss 12 Roddick, yeah. I mean they have to wake up every 13 morning concerning that somebody is going to shut this 14 system down and will have a port-a-potty in front of 15 their house, and that's unacceptable. 16 I went out there yesterday and walked around 17 myself just to see if there was any liquid on the 18 ground. There wasn't any. There wasn't -- I couldn't 19 detect any odor when I was there yesterday. There could 20 be. But I'm sure that what Clay is saying is 21 probably -- Clay Moorehead is saying is probably 22 inadequate as far as pumps. But here's the real thing, 23 we're getting taxpayers in this State are getting ready 24 to spend 44 million dollars in Center Point to keep 25 sewage systems, septic systems from going in the 50 1 Guadalupe. We just spent six million -- three million, 2 excuse me, in Kerrville South doing the same thing. But 3 so UGRA samples the water out there every week, is that 4 correct, Ray? 5 MR. GARCIA: Yes, Sir. 6 COMMISSIONER MOSER: Every week they go out 7 there and sample the water. And they sample it in the 8 unnamed tributary, they sample it in Silver Creek and 9 they sample it in the Guadalupe River, as of -- based on 10 sampling tests results as of April the 26th, which was 11 last date the E.coli tests were available, E.coli 12 results were extremely high, and strongly indicated 13 contamination from untreated wastewater in the unnamed 14 tributary going into Silver Creek. There was water 15 flowing in that little tributary yesterday, which I 16 don't think was from seepage from the rains. I think it 17 was from the fields -- the drain field in that system, 18 so there is contamination. I don't care what TCEQ says 19 what they're doing and how they're enforcing it. 20 Apparently they're not. There's still contamination 21 going in that tributary, and I think it's -- I think we 22 need to put more pressure on TCEQ, and I think that Andy 23 Murr and his office are aware of this. But it's -- the 24 thing is it's just not happening. And we don't want to 25 push it so hard that all of a sudden the septic system 51 1 gets shut town, and there's port-a-potties in 2 everybody's driveway. But -- and I'm not sure what to 3 do except bring this to the public, and I've asked these 4 people to come here and take their time and express 5 their concern. 6 The County Attorney is certainly worked with 7 us in pursuing the criminal action. I think that's in 8 place. Ray Garcia and his people are out there every 9 week checking it. So you know, it's very -- right now I 10 guess it's marginally -- I'm not going to say it's 11 marginally okay, not when there's contamination like 12 that in the unnamed tributary, that's unacceptable. 13 So I've said in the past I think we've got 14 an emergency here. I don't think this is anything but 15 that, and when we had all that rain the other day 16 probably it was diluted enough so by the time it got 17 into the Guadalupe River, it was not measurable. And 18 that's good, but I'm a loss for what to do other than to 19 -- we have a person's name, Kelly Crunk is the person 20 that TCEQ is in charge, he says he's out there every 21 week. But you know it's like walking out there every 22 week like I did. I didn't do anything. I don't know if 23 Kelly does anything or not. But something needs to be 24 done. I don't know when the criminal trial is or what 25 can happen from that. But I'm sure that that can get 52 1 delayed for a very, very long time. So no action is 2 recommended on this agenda item, but I did want to bring 3 it to everybody's attention again. 4 JUDGE POLLARD: Miss Roddick, you have 5 another comment? 6 MRS. RODDICK: Yes. It's the 18th of July. 7 JUDGE POLLARD: Okay. Yes, Sir. 8 COMMISSIONER MOSER: Okay, thank you. 9 MR. PHIPPS: My house, I overlook the sewer 10 system, so you get this nice fragrance that comes 11 through, and last week when we had the excessive rains, 12 there was -- it was all over the top there, it wasn't 13 draining anywhere. And you could certainly smell it. 14 Now yes, yesterday, it was very nice. Nice to go out in 15 the backyard and sit down and enjoy the outdoors, but 16 not so much on a regular basis. I mean it comes and 17 goes. And it depends on when those pumps get turned on. 18 COMMISSIONER MOSER: So that's the only 19 thing I can see is -- thank you. Is just I'll continue 20 to put pressure on TCEQ the best I can. I don't know 21 if anybody else has got any suggestions. 22 JUDGE POLLARD: Mr. Moorehead, addressing 23 your issue about your restricted covenants. That's a 24 civil question, and the County doesn't have anything to 25 do with enforcing civil contracts, it's between you and 53 1 the developer as to the terms of the restrictive 2 covenants. Most -- in my experience most restricted 3 covenant agreements have a provision in there, if you're 4 going to modify them, that you gotta have approval of 5 such a particular percentage of the owners. If that 6 wasn't in the restricted covenants when you bought it, 7 and he's got a blank check on it, then that's a problem 8 that should have been noticed when you were buying the 9 property when the title commitment was issued at that 10 time. I'm sorry about that. But I'm going to refer you 11 to your lawyer. You said you've already been to Court 12 and you got a court ruling on it, and you wouldn't know 13 how to enforce that. Well you need to ask your lawyer 14 that, because if you have a judgment it can be 15 enforceable, and just depends on what the terms are, and 16 if there was an injunction in it then you need to 17 enforce that. You gotta go back to your lawyer and you 18 gotta enforce it as a civil contract. County can't do 19 that for you. All right. Anything you want to add to 20 that? 21 MRS. STEBBINS: No, Sir. Thank you. 22 JUDGE POLLARD: Okay. Anybody else have 23 anything? 24 COMMISSIONER BALDWIN: Judge, I would like 25 to add something to it. I worked for five years for a 54 1 State Representative, and anytime an issue like this 2 came up and I was called, I requested a letter to 3 request us to take action of some sort. And the State 4 Representative would get the letter and then write a 5 letter and forward the complaint to TCEQ, and within a 6 day or so we would be saluted. And not just a cute 7 little answer to a letter, we would be saluted. And 8 that is the -- that's the job of the State 9 Representative. 10 JUDGE POLLARD: Who is Andy Murr. 11 COMMISSIONER BALDWIN: It is Andy Murr. And 12 he's a super guy. 13 JUDGE POLLARD: He is. 14 COMMISSIONER BALDWIN: I'll just bet you 15 four dollars that this thing hasn't received, that it 16 hasn't gotten to him yet or he would have taken action. 17 But you need to write a -- you need to write a letter, 18 somebody needs to write a letter to him in regards to 19 TCEQ because they -- 20 JUDGE POLLARD: It needs to be those people, 21 too. 22 COMMISSIONER BALDWIN: Well, I don't know, 23 whoever he represents. 24 COMMISSIONER MOSER: Good suggestion. Andy's 25 office knows about it. They're kept up to date. 55 1 COMMISSIONER BALDWIN: You get it to Andy 2 in an official letter, and he can -- he can take a 3 couple swings at them, and they will respect him. 4 COMMISSIONER MOSER: Good suggestion, we'll 5 do that. Good thinking. 6 COMMISSIONER BALDWIN: That's all I have to 7 say about that. 8 JUDGE POLLARD: All right. Is there 9 anything else about this particular subject matter? I 10 don't think there's any action on it? 11 COMMISSIONER MOSER: No. No action on it. 12 JUDGE POLLARD: All right. Let's call about 13 a ten minute recess, yeah it's now three minutes after 14 ten and we'll resume at 10:13. 15 COMMISSIONER BALDWIN: Did I tell you that 16 Rick's my favorite drummer. 17 JUDGE POLLARD: Yeah, you did. 18 (Break.) 19 JUDGE POLLARD: All right, the break is over 20 and we're back in session in Commissioners' Court. The 21 next item on the agenda is 1.12 consider, discuss and 22 take appropriate action to ratify and confirm the 23 Environmental Review records for Texas Community 24 Development Block Grant Number 7215045 for the Center 25 Point/East Kerr County Wastewater Project. 56 1 This one, if you look in your backup 2 material in there, you'll see this one is for the 3 purpose of establishing meeting a deadline, these steps 4 along the way, establishing that we've had an 5 environmental assessment and it's been completed and 6 determined a finding of no significant impact. Are 7 there any questions or comments about this section? 8 About this particular proposal? 9 COMMISSIONER LETZ: Move for approval, 10 Judge. 11 COMMISSIONER REEVES: Second. 12 JUDGE POLLARD: Been by Commissioner Letz, 13 seconded by Commissioner Reeves for approval of the item 14 in 1.12 on the agenda, and that is for -- to confirm the 15 environmental review records for Texas Community 16 Development Block Grant for the number 7215045, for the 17 Center Point East Kerr County Wastewater Project. Is 18 there any further comment or question? 19 COMMISSIONER LETZ: All this was prepared by 20 Grant Works, correct? 21 JUDGE POLLARD: Right. 22 COMMISSIONER LETZ: Under that program. 23 JUDGE POLLARD: Yeah, and this is a response 24 we got -- if you authorize me to sign this, I gotta send 25 it back to Grant Works and they send it down the pipe 57 1 at that time. Anything else? There being no further 2 comments, questions, then those in favor of the motion 3 signify by raising your right hand. It's four zero, 4 unanimous. 5 Item 1.13 consider, discuss and take 6 appropriate action to ratify and confirm the initial 7 acquisition report for the Texas Community Development 8 Block Grant Number 7215045 for the Center Point East 9 Kerr County project. This one is a backup material is 10 in your agenda package. This is something from a 11 Delfino Serna, Office of Rural Affairs, Texas Department 12 of Agriculture. 13 COMMISSIONER BALDWIN: Wonder why he didn't 14 sign it? 15 JUDGE POLLARD: Because it's sent as an 16 e-mail. If you send them as an e-mail and you sign it 17 then they gotta scan it. 18 COMMISSIONER BALDWIN: Okay. 19 JUDGE POLLARD: So they didn't go to the 20 trouble to scan it, and send it as an enclosure. 21 COMMISSIONER MOSER: So we need to take 22 action on it? 23 JUDGE POLLARD: Yes. 24 COMMISSIONER MOSER: So move. 25 COMMISSIONER LETZ: Second. 58 1 JUDGE POLLARD: Been moved by Commissioner 2 Moser, seconded by Commissioner Letz that we confirm the 3 initial acquisition report from the Texas Community 4 Development Block Grant 7215045 for the Center Point 5 East Kerr County Wastewater Project. Any further 6 comments or discussion about it? 7 COMMISSIONER LETZ: A comment just to 8 explain it a little bit. This is a -- because this 9 grant comes through TDA, has some HUD requirements, and 10 so basically it's the same project as we're doing with 11 Tetra Tech, but they have a -- since it's coming from 12 TDA; not the Water Development Board, some of their 13 crossing I's and dotting T's -- or crossing T's and 14 dotting I's, is a little bit different. So basically 15 it's the same work, same project, a little bit different 16 paperwork. 17 COMMISSIONER MOSER: Yeah, this is a half 18 million dollar grant, the other is a 30 million dollar 19 total and there's a lot more paperwork on this than 20 there is on the other one. 21 COMMISSIONER LETZ: It's the same project, 22 same work, it's just different funding. Requires 23 different -- 24 COMMISSIONER MOSER: So Judge, don't let 25 your right hand get -- 59 1 JUDGE POLLARD: I already got writer's cramp 2 anyway. I'm threatening to get me a stamp for the 3 signatures. All right. Any further comments? 4 COMMISSIONER REEVES: Yes, I got one 5 question. Reading the e-mail, is this giving us 6 authority for us to exercise eminent domain? I know we 7 have the authority. 8 COMMISSIONER LETZ: I believe all it does is 9 the box that was checked is we have the authority, or 10 the County, to exercise it. It is not authorizing any 11 eminent domain action. 12 COMMISSIONER MOSER: There's no plan to use 13 eminent domain. 14 COMMISSIONER REEVES: I just saw the word 15 involuntary acquisition. I just wanted some 16 clarification on that. And what did you say about no 17 plan. I was reading when you said that. 18 COMMISSIONER MOSER: No plan of using 19 eminent domain. And there may be -- I won't even go 20 there. But there may be one case where ownership's 21 understood, and it'd be -- what do we call it, Jonathan? 22 COMMISSIONER LETZ: Friendly. 23 COMMISSIONER MOSER: Friendly. 24 COMMISSIONER LETZ: In terms of the title 25 issue. There's two title issues. 60 1 JUDGE POLLARD: In other words greed. 2 COMMISSIONER MOSER: Right. 3 JUDGE POLLARD: Yeah. The form does say -- 4 yeah, it just confirms that the authority does have the 5 power to exercise eminent domain. It doesn't direct us 6 to do it. All right. Any further questions? If not 7 those in favor of the motion signify by raising your 8 right hand. Four zero, unanimous. 9 COMMISSIONER MOSER: It's 10:15. 10 JUDGE POLLARD: Okay. We'll jump down to 11 item 1.18 consider, discuss and take appropriate action 12 regarding purchasing of benches for courthouse grounds. 13 Maggie Baker. 14 MS. BAKER: Good morning. This is basically 15 a review of what we did last October for the benches for 16 the courthouse. And we've decided that we're going to 17 go with Drymala. Each bench -- they're 8 foot benches 18 with a ten inch high back and having all of the service 19 symbols. Army, Air Force, Marines -- 20 JUDGE POLLARD: Coast Guard. 21 MS. BAKER: -- and the Navy. We're having 22 all those service symbols put on the back. All together 23 each -- we have all of that work done and it will be 12 24 hundred and 50 dollars. And so what we're going to do 25 is just -- we've got five different individuals who are 61 1 purchasing these, and we have received one check so far 2 but we're awaiting to see about where they're going to 3 be placed on the courthouse grounds, and think we've 4 decided that they're all 9 of them will be on the 5 courthouse grounds. And I think that's basically 6 everything that we were going to be doing. When I 7 talked to Mr. Drymala last week, he said it's probably 8 going to take about two weeks for each one of them. So 9 all together it's going to be about maybe three months. 10 JUDGE POLLARD: How much money have you 11 gotten so far? 12 MS. BAKER: 12 hundred and 50 dollars. 13 JUDGE POLLARD: Okay. That's one bench. 14 MS. BAKER: Right. 15 JUDGE POLLARD: And the others -- so any 16 motion here today would be contingent upon those monies 17 coming in that were promised or pledged? 18 MS. BAKER: Yes, Sir. But we've had -- 19 JUDGE POLLARD: Before the bench is 20 purchased? 21 MS. BAKER: Yes. We've already had 22 individuals calling us to say that they still want to 23 continue to purchase these. 24 COMMISSIONER MOSER: So on the people that 25 have been calling you that have indicated they want to. 62 1 How much do you have potential there, you got 12 hundred 2 and 50. 3 MS. BAKER: Right. And then six thousand 4 two hundred and 50 for one gentleman who wants five 5 benches. And I've talked to the other ones, and that's 6 four other people, that they've all agreed whenever 7 we're ready, they're ready to pay. 8 COMMISSIONER MOSER: So you need to let them 9 know -- 10 MS. BAKER: Yes. 11 COMMISSIONER MOSER: -- that they can make 12 the donation. 13 MS. BAKER: Yes, Sir. 14 COMMISSIONER MOSER: Because I know that 15 some of them have been kind of anxious that they've not 16 heard anything, so you'll take that action -- 17 MS. BAKER: Yes, Sir. 18 COMMISSIONER MOSER: -- to close with them. 19 So you're going to get the donation and proceed to 20 purchase the benches? 21 MS. BAKER: Yes, Sir. 22 COMMISSIONER MOSER: And then you need to 23 decide where to put them? 24 MS. BAKER: Yes. 25 COMMISSIONER LETZ: I make a motion that as 63 1 the funds come in to pay for the benches, Maggie Baker 2 is authorized to order them from Drymala as she has 3 recommended. 4 COMMISSIONER MOSER: Second. 5 JUDGE POLLARD: Question. If you get them 6 and we don't have a plan about exactly where they're 7 going and all of that where are you going to store them? 8 COMMISSIONER LETZ: We can find appropriate 9 spot to put them on the lawn as is. 10 COMMISSIONER MOSER: Okay. Great, super. 11 JUDGE POLLARD: Okay. 12 COMMISSIONER MOSER: Can they -- they can be 13 moved, right? 14 COMMISSIONER LETZ: Yeah. 15 COMMISSIONER MOSER: They're not on concrete 16 bases or anything? 17 MS. BAKER: No. And they're going to be on 18 the ground, just on top. 19 COMMISSIONER MOSER: There's not a 20 foundation. 21 JUDGE POLLARD: We'll let you know. 22 COMMISSIONER MOSER: Tim, he's got a 23 forklift. Okay. 24 JUDGE POLLARD: It's been moved by 25 Commissioner Letz and seconded by Commissioner Moser 64 1 that we -- that Maggie Baker be authorized to order the 2 benches as the money comes in, and only as the money 3 comes in. 4 MS. BAKER: Yes, Sir. 5 JUDGE POLLARD: And let the checks clear, 6 okay, before you do that, okay. 7 COMMISSIONER MOSER: And Commissioner Letz 8 will let us know where to put them? 9 COMMISSIONER LETZ: We'll find a spot for 10 them, hopefully a permanent spot. 11 COMMISSIONER MOSER: All right. 12 JUDGE POLLARD: Okay. Any further comments 13 or questions? There being none, those in favor of the 14 motion signify by raising your right hand. It's four 15 zero, unanimous. Thank you very much, Maggie. 16 All right. Let's go back to item 1.14 17 consider, discuss and take appropriate action to approve 18 contract with the Catapult Health for an employee health 19 screening event to be held in August of 2016 and to have 20 the County Judge sign same. 21 MRS. LANTZ: This is a company that we had 22 come in several years ago to do health screening for 23 employees, and TAC uses them frequently, and this has 24 been something that several employees have requested, so 25 we're bringing it to the Court for approval. The 65 1 contract that is included in the agenda item, we had the 2 County Attorney review it and Tracy and I both did, or 3 Tracy did, and there are some limitations, and that's 4 why we're bringing it to the Court for approval, because 5 we have to have at least 30 participants, 15 for each 6 two days that Catapult's going to be here, or they will 7 charge us 130 dollars a person for those that sign up 8 and then don't show up. But it is covered under our 9 insurance at a hundred percent benefit paid to the 10 employees to do the health screening. 11 JUDGE POLLARD: Yeah, but the default fund 12 of a hundred and 30 bucks per person that doesn't show 13 up is not covered by the insurance? 14 MRS. LANTZ: Right. And that needs to go 15 back to the employee and not County. So if they sign up 16 and they decide and don't give us enough warning where 17 we can get someone else in that spot, then they could be 18 liable for a hundred and 30 dollars. 19 COMMISSIONER REEVES: They could. 20 MRS. LANTZ: Not the County, no. 21 JUDGE POLLARD: Have you had enough interest 22 that it sounds like you can get 15 for each day? 23 MRS. LANTZ: Yes. We have 268 employees. 24 The last time we did it we had enough to meet that, 25 which is 15 participants per day. So what we would like 66 1 to do is first see how many employees are interested. 2 If we don't make that break then we're not going to do 3 it. Hopefully we'll sign up more, which covers our 15 4 per person, per day limit. 5 COMMISSIONER LETZ: I would say that if we 6 can't get 20 per day it's probably a little bit risky. 7 MRS. LANTZ: So they can schedule it for 30 8 a day, so we're going to shoot for 30. So if people no 9 show, we'll have it covered. 10 JUDGE POLLARD: And if we get more than 60 11 and schedule a third day? 12 MRS. LANTZ: They'll schedule a third day. 13 But we'd still have that 15 minimum for that third day. 14 JUDGE POLLARD: Okay. So any authorization 15 by the Commissioners' Court will be contingent upon -- 16 MRS. LANTZ: Getting enough participants 17 signed up for it. 18 JUDGE POLLARD: Okay. 19 COMMISSIONER LETZ: What does the screening 20 cover? 21 MRS. LANTZ: It covers I think any type of 22 diabetes, high cholesterol, blood pressure, basically -- 23 I don't know -- Tracy spoke with them. 24 MS. SOLDAN: They do a fingerprint blood 25 test. And they also do a height, weight, abdominal 67 1 circumference, and blood pressure, BMI. And all of that 2 can be forwarded to your doctor for review, and a health 3 checkup with them, with that physician. 4 MRS. LANTZ: And this does not count against 5 your regular wellness checkup that the employees are 6 eligible to get every year under no cost preventative 7 care, which is -- this is just an extra wellness 8 prevention screening allowed under our insurance. 9 COMMISSIONER LETZ: And if I start asking in 10 violation of HIPAA or something, what percent of our 11 employees get the annual physical, do we have any idea? 12 MRS. LANTZ: No. That was something that 13 we'd like to probably bring back later to the Court. 14 Allowing some type of incentive to the employees for 15 doing that, because it does help with our insurance 16 premiums. Just showing you're taking care of yourself. 17 We don't get any of the results, you know. For example 18 through our health and wellness program that we do have 19 with the rewards we get benefiting employees somehow. 20 Gift cards or something we can do that, those that do -- 21 do that. We don't get any results. It's just they 22 provide us something that they've had it done. 23 COMMISSIONER LETZ: The reason, I guess, or 24 the question if you're doing a annual physical, it 25 just -- I guess that's what I was -- I mean it's the 68 1 same stuff, or is it maybe just those that aren't doing 2 it trying to get them something? 3 MRS. LANTZ: Exactly. 4 COMMISSIONER LETZ: That will go to a doctor 5 if needed? 6 MRS. LANTZ: If they find someone that's not 7 going to go see a physician and this may detect diabetes 8 in someone to help someone who never knew they had it. 9 JUDGE POLLARD: So this is directed to those 10 people who don't normally have an annual physical? 11 MRS. LANTZ: I mean everybody. The last 12 time we did it, I did it. A lot of time people that go 13 get regular physicals, I mean it's just another looking 14 at your pro wellness, prevention cost. 15 COMMISSIONER LETZ: It sounds good. 16 COMMISSIONER MOSER: Do you have to be part 17 of the County? 18 MRS. LANTZ: If you don't have our 19 insurance -- 20 COMMISSIONER MOSER: Yeah. 21 MRS. LANTZ: -- I believe you have to pay 22 that 130 fee. We do have employees here that are State 23 employees that don't have the insurance. They 24 participate and they pay the fee, because they like this 25 program. And we open it up, it's just the County has to 69 1 check that part and then send it to them, which we've 2 done in the past. 3 JUDGE POLLARD: Does that count if the State 4 employee does it? Does that count toward our minimum of 5 15 a day? 6 MRS. LANTZ: Yes. Just has to be a person. 7 JUDGE POLLARD: Very good. 8 COMMISSIONER REEVES: What about the 9 dependents that may be on the County -- 10 MRS. LANTZ: They're all eligible to do 11 this, over 18. 12 COMMISSIONER REEVES: Over 18 it would be 13 paid for. 14 MRS. LANTZ: Yes. 15 COMMISSIONER REEVES: And it would count 16 toward the -- 17 MRS. LANTZ: Yes. 18 COMMISSIONER LETZ: Move for approval. 19 COMMISSIONER REEVES: Second. 20 JUDGE POLLARD: All right, it's been moved 21 by Commissioner Letz, seconded by Commissioner Reeves 22 that we approve the Catapult -- the proposal from 23 Catapult Health for employees health screening event to 24 be held in August of 2016, and have the County Judge 25 sign that agreement. Any further comments, discussion 70 1 or questions? There being none, those in favor of the 2 motion signify by raising their right hands. It's four 3 zero, unanimous. 4 1.15 consider, discuss and take appropriate 5 action regarding county vehicles that have incurred hail 6 damage. Yes, Ma'am. 7 MRS. DOSS: At the last Court we had one 8 vehicle that was still pending and it was one of Rusty's 9 at the Sheriff's Department. 10 SHERIFF HIERHOLZER: And we did get an 11 estimate on it, they did not total that vehicle, but 12 they're offering us -- it's the check for 311465, that's 13 a deductible of 211465, but they also will not cover it 14 with total insurance anymore. So that's where we're at. 15 As I told you that's an older vehicle that we seized and 16 I would just as soon go ahead and trade that one in, 17 too, just like we agreed to last time. It would be one 18 of the four that the Court agreed to last time, with the 19 same agreement we had. 20 COMMISSIONER LETZ: Is this just an update 21 or is there some new action needed to be made? 22 MRS. DOSS: We still have the question about 23 what you want to do about the Constable 1 vehicle that 24 has to be provided. I gave -- I got two quotes through 25 Buy Board which is that government purchasing coop, just 71 1 so -- I mean I don't know if you want me to proceed to 2 get more quotes, what type of vehicle you would like to 3 purchase. 4 COMMISSIONER LETZ: How about a F-250 5 pickup, Road and Bridge has one. 6 MRS. DOSS: That would be nice, but -- 7 JUDGE POLLARD: Does it suit their needs? 8 COMMISSIONER LETZ: No, it's not a good 9 vehicle for the constable, the mileage. 10 MRS. DOSS: So I did get two quotes, I 11 handed those out and you have them. 12 COMMISSIONER REEVES: Excuse me, I couldn't 13 hear you. 14 MRS. DOSS: I handed out the two quotes to 15 you, one was for a 2000 Chevrolet Tahoe through Buy 16 Board and the base price was 34,425. The other one was 17 a 2016 Chevrolet 1500 Silverado four by four crew cab 18 pickup truck, and the base price was 29,410. 19 COMMISSIONER REEVES: We need another 20 vehicle. I'm not spending 29 thousand right now for a 21 new vehicle. I think we should continue to look at what 22 we may can find comparable to each of the other 23 constable's vehicle now. We may have to spend more than 24 we're getting in insurance, but I'm not for spending 30 25 thousand dollars just for the vehicle right now. 72 1 COMMISSIONER MOSER: Stoepel Ford was 2 advertising big sales today on hail damage you can't 3 even see. 4 COMMISSIONER REEVES: And I would like to 5 check locally, too, to see what's on their lots. 6 COMMISSIONER MOSER: Absolutely. 7 COMMISSIONER BALDWIN: I agree. 8 COMMISSIONER MOSER: I agree. 9 COMMISSIONER LETZ: Look for a taking the 10 value and trying to find a vehicle for that amount of 11 money? 12 COMMISSIONER BALDWIN: Sure. 13 COMMISSIONER REEVES: As close to it as we 14 could, yeah. 15 COMMISSIONER BALDWIN: And we don't want to 16 get too far off this mish-match thing. I mean you don't 17 want one constable driving a red car and the other one 18 driving a blue car. And I mean it doesn't bother me, 19 but they don't like that, I can tell you. They all look 20 like Rusty Hierholzer to me. Sad, sad, sad. 21 COMMISSIONER REEVES: I'd like us to 22 continue to look. 23 COMMISSIONER BALDWIN: Yeah. 24 COMMISSIONER MOSER: Yes. 25 COMMISSIONER BALDWIN: Me too at this time. 73 1 Good. 2 JUDGE POLLARD: So there's no action to take 3 at this time. 4 COMMISSIONER BALDWIN: That was the only 5 action if there was action? 6 MRS. DOSS: It was just discussion, yes. If 7 you want me to continue to look, or somebody else going 8 to be responsible for that? 9 COMMISSIONER BALDWIN: I thought you were. 10 MRS. DOSS: Okay. 11 COMMISSIONER LETZ: Why doesn't the 12 Constable look for it? 13 COMMISSIONER MOSER: Why not, right? 14 JUDGE POLLARD: Well, Brenda and with the 15 Constable. 16 COMMISSIONER LETZ: Right, right. 17 JUDGE POLLARD: Okay, let's go to item 1.16 18 consider, discuss and take appropriate action to approve 19 all documents related to closing grants and loan 20 forgiveness and/or the 2016 certificate of obligation 21 related to Center Point/East Kerr County Wastewater 22 System. Commissioner Letz. And I'm looking for an 23 explanation as to all of that. That's a bunch. 24 COMMISSIONER LETZ: It's a bunch, and I 25 think we can pass. I think this was a catch all in case 74 1 there was anything in there we needed that we have 2 missed, and I have not heard from the Water Development 3 Board we've missed, so therefore we can pass on that 4 item. 5 JUDGE POLLARD: Okay. Item 1.17 consider 6 discuss and take appropriate action to address 7 possibility of prohibiting the sale or use of restricted 8 fireworks. That's skyrockets with sticks, is what it's 9 called sometimes, or missiles with fins, in any portion 10 of the unincorporated area of Kerr County pursuant to 11 local Government Code at Section 352.051 for the Fourth 12 of July fireworks season. This is another one of these 13 things where they change the law and say we have to 14 address each holiday as they come through. This is 15 something if they want to restrict. 16 MRS. STEBBINS: This is the same because it 17 applies to July 4th. But you first have to make the 18 determination that the drought index number is 575 or 19 greater, and I don't know that you'll be able to make 20 that determination. 21 JUDGE POLLARD: It's not. Pass on nothing, 22 no action. All right. 23 1.19 discuss and/or approve agreement with 24 Kendall County Water Control and Improvement District 25 Number 1 relating to the Center Point/East Kerr County 75 1 Wastewater System. Need to be discussed in executive 2 session, is that correct? 3 COMMISSIONER LETZ: No. There won't be any 4 action on this. I handed out the newest draft for 5 everyone to take a look at and get with the County 6 Attorney if there's any concerns. 7 JUDGE POLLARD: No action, all right. 8 Item 1.20 is consider, discuss and take 9 appropriate action on pending and potential litigation, 10 which is in executive session. 11 Item -- and there is also a point -- we'll 12 do that in a minute. 13 Item 1.21 consider, discuss and take 14 appropriate action pertaining to allowing McMullen 15 County to transfer to the Alamo Area Council of 16 Governments and authorize the County Judge to sign 17 appropriate documents, letters approving it or whatever. 18 This is the executive director of AACOG has 19 written us and said they're trying to add McMullen 20 County to our particular district. And they want 21 approval from us up here. I wasn't prepared to go ahead 22 and write them a letter and say I approve it, so it's on 23 the Commissioners' Court agenda. I don't personally 24 object to it, but Mr. Baldwin's been going to a lot of 25 the meetings lately. 76 1 COMMISSIONER BALDWIN: There's no reason to 2 object. 3 JUDGE POLLARD: I agree. In fact Judge Teal 4 from down there really adds a lot to it. He is really a 5 very efficient County Judge. 6 COMMISSIONER BALDWIN: They actually 7 participate. 8 JUDGE POLLARD: He does. 9 COMMISSIONER LETZ: Do we need to make that 10 a motion? 11 COMMISSIONER BALDWIN: Let me make it. I 12 want to show it on the record to make that lady happy 13 down there that we -- I really don't give a damn what 14 she thinks to be honest with you. I make a motion that 15 we allow McMullen County to transfer the AACOG, and have 16 the County Judge to sign the appropriate documents. 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Baldwin to approve the addition of McMullen County to 20 the same District that Kerr County's in and the AACOG 21 District, the Alamo Area Council of Governments 22 District, and authorize the County Judge to sign same 23 and confirm that we don't have any objections to 24 McMullen County being added. Is there any further 25 discussion? 77 1 COMMISSIONER MOSER: I guess that 2 Commissioner Reeves that this means they've got more 3 counties to take care of and they'll be a longer time 4 before they'll approve our -- 5 COMMISSIONER REEVES: Well, hopefully it's 6 not the same department. 7 COMMISSIONER MOSER: We can't get the 8 recycle trailer -- what was it, can't get the recycle 9 insurance? 10 COMMISSIONER REEVES: Well, the City 11 approved it, we've approved it and we're waiting on 12 authorization from AACOG. 13 COMMISSIONER MOSER: Which we've been 14 waiting on since January. 15 COMMISSIONER REEVES: Uh-huh. 16 JUDGE POLLARD: Maybe we need to call Andy 17 Murr about that. 18 COMMISSIONER BALDWIN: We call O. C. Fisher. 19 Wait a minute, so what now? 20 COMMISSIONER REEVES: You remember -- 21 COMMISSIONER BALDWIN: I remember the 22 trailer, but what do you mean it's hung up in AACOG? 23 COMMISSIONER REEVES: Because AACOG had 24 given it to the City, via a grant, so we can't use it 25 until AACOG says it's okay with us. Verbally they've 78 1 said it's okay, AACOG, but nothing's been received in 2 writing. 3 COMMISSIONER MOSER: So we can't get 4 insurance until that's cleared up. So our recycling is 5 not happening. 6 COMMISSIONER REEVES: Setting there at the 7 new maintenance facility, the old recycling center. 8 COMMISSIONER BALDWIN: Would you like for 9 either the Judge or I to fix that? 10 COMMISSIONER MOSER: I would love it. 11 COMMISSIONER REEVES: I personally talked to 12 the doctor there at AACOG and she called back and 13 e-mailed a couple times. 14 COMMISSIONER BALDWIN: Well, how's that 15 working? 16 JUDGE POLLARD: Diane Rath? 17 COMMISSIONER BALDWIN: No. It's a little 18 old lady. 19 COMMISSIONER REEVES: It's slow going. So 20 if we could have any -- what verbal is good; we need 21 something in writing. 22 COMMISSIONER BALDWIN: I'll take care of it. 23 JUDGE POLLARD: You'll see her face to face 24 pretty quick probably. 25 COMMISSIONER BALDWIN: I will. 79 1 COMMISSIONER MOSER: I would say sic 'em. 2 JUDGE POLLARD: He's going to do that with 3 pleasure. 4 COMMISSIONER REEVES: You go to the 7th 5 floor and then come back down to the 5th floor. 6 COMMISSIONER BALDWIN: No, I'll just stay in 7 our little room. We'll let them run up and down. 8 JUDGE POLLARD: That's true. Any further 9 comments or questions? If not then those in favor of 10 the motion signify by raising your right hands. It's 11 four zero, unanimous. Okay. Welcome McMullen County. 12 Okay. There are some things that we need to 13 go into closed session for and have an executive session 14 so we're closing -- 15 MRS. DOSS: Pay the bills. 16 JUDGE POLLARD: Yeah, pay the bills. Let's 17 do that. 18 COMMISSIONER BALDWIN: Isn't that something, 19 every month you gotta pay bills and all that stuff. 20 That's the way it is at my house. 21 COMMISSIONER LETZ: I move to pay the bills. 22 COMMISSIONER MOSER: Second. 23 JUDGE POLLARD: It's been moved and seconded 24 to pay the bills. Any comments or questions or 25 whatever? If not, those in favor of the motion signify 80 1 by raising their right hand. It's four zero, unanimous. 2 Budget amendments. Yes, Ma'am. 3 MRS. DOSS: Yes, we have quite a few. 4 The first page are all inter-department transfers except 5 for we have quite a few where we are moving things from 6 the 216th District Court to the 198th District Court. 7 We tend to move between those two as we need to. The 8 second page is all -- or the first one on the second 9 page is we're reallocating some group insurance costs. 10 JUDGE POLLARD: Why? What's causing that? 11 MRS. DOSS: Because we normally just 12 allocate so much per person, but if someone in a certain 13 department has -- if they add on dependents that the 14 County pays for, then we have to allocate that. And 15 then the last four are for the new revenues of the 16 insurance proceeds for the vehicles that sustained hail 17 damage. We're setting up a budget for those. 18 COMMISSIONER LETZ: Move for approval. 19 COMMISSIONER REEVES: Second. 20 JUDGE POLLARD: It's been moved by 21 Commissioner Letz and seconded by Commissioner Reeves 22 for approval of all of the budget amendments as 23 submitted, some some page and a half of them. Any 24 further discussion or comments? 25 COMMISSIONER BALDWIN: I got a question. 81 1 Back on this court appointed attorney thing. 2 MRS. DOSS: Yes. 3 COMMISSIONER BALDWIN: Transferring out of 4 216th into 198th on these two court appointed attorneys 5 issues. 6 MRS. DOSS: Yes. Three of them actually. 7 COMMISSIONER BALDWIN: Well, the third one 8 is Court Reporter. 9 MRS. DOSS: Yes. 10 COMMISSIONER BALDWIN: Is there a third? 11 MRS. DOSS: No. Those are the -- 12 COMMISSIONER BALDWIN: It doesn't matter. 13 It doesn't have anything to do with my question. Are we 14 finding that 216th -- that when we do transfer from one 15 Court to the other, it comes out of the 216th, is it 16 198th that uses -- 17 MRS. DOSS: No, no. It just worked out that 18 way this year. I think in the prior year we had to do 19 it the other way. 20 COMMISSIONER BALDWIN: Okay. So and you 21 look at that as far as budgeting is concerned? 22 MRS. DOSS: Yes, we have looked at that. 23 COMMISSIONER BALDWIN: And then -- 24 JUDGE POLLARD: That's when you take it into 25 consideration the cases they have on the docket, and it 82 1 looks like, you know, if they got a big criminal case 2 it's likely to cause an extra expense. 3 MRS. DOSS: Yes. I think we discussed that 4 during the budget hearings with both of them. 5 COMMISSIONER BALDWIN: And with the same 6 issues that he just referred to would affect the Court 7 Reporter as well? 8 MRS. DOSS: Yes. 9 COMMISSIONER BALDWIN: I see, okay. I just 10 always had an interest in how that thing works up there, 11 and how it moves around. 12 JUDGE POLLARD: It's a moving target and 13 it's really hard to predict -- 14 COMMISSIONER BALDWIN: Oh, I'm sure. 15 JUDGE POLLARD: -- from a budget standpoint. 16 COMMISSIONER BALDWIN: Besides that, they're 17 District Judges and District Attorneys, and big shots. 18 I'm kidding about that. I love them. Sorry. 19 JUDGE POLLARD: Any further comments or 20 questions? If not, those in favor of the motion signify 21 by raising your right hand. It's four zero, unanimous. 22 All right, 4.3 paying the late bills. 23 MRS. DOSS: We have two late bills. 24 COMMISSIONER MOSER: I move we pay them. 25 COMMISSIONER REEVES: Second. 83 1 JUDGE POLLARD: Been moved by Commissioner 2 Moser, seconded by Commissioner Reeves that we pay the 3 two late bills that were submitted. Any questions or 4 comments? There being none, those in favor signify by 5 raising their right hands. It's four zero, unanimous. 6 Did you raise your right hand, Jonathan? 7 COMMISSIONER LETZ: Yes. 8 JUDGE POLLARD: Okay, let's go to 4.4, 9 approve and accept monthly reports. Whoo, you got a big 10 stack. 11 COMMISSIONER REEVES: Got a big stack. 12 Unless I indicate otherwise they'll all be for the month 13 of May, 2016. J.P. Number 3 monthly report for 14 February, 2016, and May, 2016. Constable Precinct 1 15 monthly report. Animal Services monthly report. J.P. 16 Number 2 monthly report. J.P. Number 1 monthly report. 17 Environmental Health monthly report. Veteran Services 18 monthly report. County Clerk's office monthly report. 19 Constable Precinct 4 monthly report. District Clerk's 20 office monthly report. J.P. Number 4 monthly report. 21 And payroll approval for the month ending May, 2016. 22 Move to accept the reports as presented, and signed as 23 needed. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE POLLARD: Been moved by Commissioner 84 1 Reeves, seconded by Commissioner Baldwin for approval of 2 all of the reports as dictated into the record. Any 3 questions or comments? There being none those in favor 4 signify by raising your right hands. It's four zero, 5 unanimous. 6 4.5 Auditor's reports. Any? 7 MRS. DOSS: None this month. 8 JUDGE POLLARD: Okay. Go now to reports 9 from Commissioners and Liaison Committee Assignments. 10 Anybody have any comments? Anybody? Okay. 11 Item 5.2 reports from elected officials and 12 department heads. Anybody? As always the Sheriff. 13 SHERIFF HIERHOLZER: Well, we are not 14 housing out of County at this time. We are at 182 this 15 morning. Just to let you know, I more likely will have 16 to ship some more out if it goes up any higher. 17 COMMISSIONER BALDWIN: How many did you send 18 to Fredericksburg? 19 SHERIFF HIERHOLZER: Five. 20 COMMISSIONER BALDWIN: And they're back? 21 SHERIFF HIERHOLZER: They're back. Until we 22 can get TDC inmates out and try to get some breathing 23 room to be able to classify correctly. 24 We are on City Council agenda for tomorrow 25 evening to ask them for either a waiver or a reduction 85 1 in the fees for the permit fees for the jail expansion. 2 I believe Commissioner Reeves said you're going to be 3 tied up. Are you going to be there? 4 COMMISSIONER MOSER: I'm going to be there. 5 SHERIFF HIERHOLZER: And other than that, 6 just to give you an idea of part of what happens with 7 the jail, you know, we had that trial last week, and 8 that guy's been in jail right at a year waiting to go to 9 trial. So he's gone to trial, he's found guilty, but 10 his sentencing isn't until sometime in September. 11 JUDGE POLLARD: So he's going to stay in 12 jail until then? 13 SHERIFF HIERHOLZER: Don't have a choice. 14 That's where he sits, it's just a normal part of the 15 system. They have to do presentence investigation and 16 all that kind of stuff. So even if he's found guilty, 17 they sit. Okay. 18 COMMISSIONER MOSER: I have one thing I 19 wanted to add on the steering committee for the flood 20 early warning system. We have all the steering 21 committee members named except one from the City. So I 22 don't think they put it on their agenda. 23 JUDGE POLLARD: So is it on for tomorrow 24 night? 25 COMMISSIONER MOSER: It's not on the agenda 86 1 for tomorrow night. I sent a note to the City Manager 2 and to the Mayor, and am I surprised they didn't have it 3 on there, but I don't think there's an issue, they just 4 haven't done it so -- 5 JUDGE POLLARD: Okay. All right. Reports 6 from boards, commissions and committees. Any? 7 City/County joint projects or operations reports. None. 8 Other. Reports of any kind. Anybody have anything 9 else? 10 COMMISSIONER REEVES: I just have one thing. 11 And maybe the City/County joint project, I'm not sure, 12 but this would be with the City of Ingram. Ray Garcia 13 and myself attended Ingram City Council meeting last 14 week regarding animal services. Ray presented an 15 outstanding report on what was going on. And I think 16 it -- it opened some eyes on just the type of service 17 he's doing out there with animal services. So he did a 18 very good job and presentation. 19 JUDGE POLLARD: Okay. All right. With that 20 we are going to go into -- I think that completes all of 21 the open session. We're going into closed session. 22 (Executive Session.) 23 JUDGE POLLARD: Back in open session. Okay, 24 it's about 18 minutes to 12 noon on the -- on this date, 25 and we're back in open session, closed session is 87 1 closed. And as I understand are there any motions or 2 any business that anybody knows of we need to take care 3 of in open session? 4 COMMISSIONER MOSER: No. 5 JUDGE POLLARD: No, no, no. Then we're 6 adjourned. Thank you very much. 7 * * * * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 88 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 21st 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