1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, July 25, 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 1.1 Presentation of the Texas Historical 6 Commission's Distinguished Service Award 4 to the Kerr County Historical Commission. 5 1.4 Consider, discuss and take appropriate 11 6 action regarding the proposed development of Gateway Shopping Center. 7 1.2 Consider, discuss and take appropriate 78 8 action regarding reclassification of a position within the Road and Bridge 9 Department from Administrative Assistant to Administrative Clerk and fill approved 10 budgeted position as requested starting at a pay grade 16. 11 1.3 Consider, discuss and take appropriate 79 12 action to set a Public Hearing for September 26, 2016 at 9:00 a.m. for the 13 Court to consider, discuss and take appropriate action regarding the Revision 14 of Plat for Tracts 1A and 1B of Bluff Creek Ranch Subdivision, Plat Record 15 Volume 7, Page 92. 16 1.5 Consider, discuss and take appropriate 80 action to set a Public Hearing for 17 September 12, 2016 at 9:00 a.m. for the Court to consider, discuss and take 18 appropriate action regarding the Revision of Plat for Lot No. 23 of Ingram Hills 19 Subdivision, Plat Record Volume 3, Page 149. 20 1.6 Consider, discuss and take appropriate 81 action to designate Judge Susan Harris as 21 a representative of the County Court at Law to the Kerr County Bail Bond Board under 22 Section 1704.053(4) of the Occupation Code. 23 1.7 Consider, discuss and take appropriate 83 action to approve nomination committee 24 selection of a county employee to participate in the Kerr County Leadership 25 Class 2016-17 and submit application to the Kerrville Chamber of Commerce. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.8 Consider, discuss and take appropriate 84 4 action regarding changes to Kerr County Employee Voluntary Benefits package for 5 2016-2017. 6 1.9 Consider, discuss and take appropriate 105 action regarding the Interlocal Agreement 7 with Peterson Regional Medical Center regarding the Hazard Mitigation Plan. 8 1.10 Consider, discuss and take appropriate 110 9 action to approve the renewal Memorandum of Understanding (MOU) with Indigent 10 Healthcare Solutions, the software provider for Kerr County's indigent health program, 11 under the same conditions and terms currently in place and authorize the county 12 judge to sign. Rates will remain the same. 13 1.11 Consider, discuss and take appropriate 114 action regarding vehicle for County 14 Constable, Pct. 1. 15 1.12 Consider, discuss and take appropriate 120 action on request to hand pictures of 16 former judges by the District Courtrooms; pictures were previously hung in the 17 County Court at Law Courtroom. 18 1.13 Consider, discuss and take appropriate 125 action regarding the Veterans Day Parade 19 and the Alamo Veterans Honor Flight. 20 1.14 Consider, discuss and take appropriate 132 action to authorize county judge to 21 execute all real estate documents in connection with the Center Point/East 22 Kerr County Wastewater Project. 23 4.1 Pay Bills. 133 24 4.2 Budget Amendments. 133 25 4.3 Late Bills. 135 4 1 I-N-D-E-X 2 NO. PAGE 3 4.4 Approve and accept Monthly Reports. 135 4 5.1 Reports from Commissioners/Liaison 136 5 Committee Assignments as per attachment. 6 5.2 Reports from Elected Officials/Department 138 Heads. 7 5.3 Reports from Boards, Commissions and 138 8 Committees. a). City/County Joint Projects or 9 Operations Reports. b). Other. 10 1.14 Consider, discuss and take appropriate 139 11 action to authorize county judge to execute all real estate documents in 12 connection with the Center Point/East Kerr County Wastewater Project. 13 *** Adjournment. 142 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25 5 1 JUDGE POLLARD: All right. It's 9 a.m. on 2 July the 25th, 2016, and the Kerr County Commissioners' 3 Court is in session. Commissioner Reeves will lead us 4 today in the prayer and the pledge of allegiance. 5 (Prayer and Pledge of Allegiance.) 6 JUDGE POLLARD: This is the public -- the 7 visitors' input section of the agenda today. I'm going 8 to suggest that there are many people here and want to 9 speak on item 1.4 of the agenda, and they applied to 10 speak in this particular public portion of it. I 11 suggest we go ahead and we'll take the public portion 12 not relating to 1.4, let them speak, and then we'll go 13 onto -- we'll move 1.4 to the front and take it first. 14 We'll have that presentation, and then everybody that 15 wants to speak on 1.4, which is this subdivision thing, 16 and so that's what's going to be the order today. 17 COMMISSIONER MOSER: Gateway. 18 JUDGE POLLARD: Yeah, the Gateway. 19 COMMISSIONER LETZ: Do we need to move 20 upstairs and see if there's a courtroom available? I 21 mean there's a lot of people in the hallway, I don't 22 think it's fair for them not to hear what we're talking 23 about. 24 SHERIFF HIERHOLZER: You want me to go see 25 if it's available. 6 1 COMMISSIONER BALDWIN: Let Jody. 2 COMMISSIONER LETZ: In the meantime we can 3 get started with 1.1, I don't think it'll be very long. 4 It's the historical commission. 5 (Off the record.) 6 COMMISSIONER LETZ: I just hate to have 7 people standing in the hallway. 8 JUDGE POLLARD: All right. While we're 9 making arrangements, apparently we're going to move up 10 to the District courtroom, if it's available, because we 11 got people standing out in the hall here. So while 12 we're waiting for that arrangement to be made, we're 13 going to take item 1.1 on the agenda, presentation of 14 the Texas Historical Commissions distinguished service 15 award to Kerr County Historical Commission. 16 Commissioner Baldwin. 17 COMMISSIONER BALDWIN: Yes, Sir, thank you. 18 MS. LEONARD: Good morning. I think I gave 19 y'all a copy -- 20 COMMISSIONER BALDWIN: Let me do it. Get up 21 here. You're going to get a chance to talk, but this is 22 a presentation. This is Julie Mosty Leonard, and she's 23 the chair of the local historical commission, and has 24 been for a long time. And what I want to do is in this 25 presentation, I want to read a couple of paragraphs from 7 1 a letter from the Texas Historical Commission and to 2 Judge Pollard. And it says Dear Judge Pollard, we are 3 pleased to inform you that the Kerr County Historical 4 Commission is a recipient of our agency's distinguished 5 service award for accomplishments during the 2015 year 6 of service. The Texas Historical Commission gives this 7 award to local groups that document well-rounded 8 preservation programs to save the history and character 9 of Texas. Thank you for supporting your group in its 10 efforts to promote county history and enrich the 11 livelihood of communities across the state. 12 Now, I think that going back through the 13 hallways of my mind, what's left of them, is that this 14 -- I think this is the 9th year in a row that our local 15 group has received this award, and what do you think? 16 MS. LEONARD: Probably nine; but I've been 17 responsible for eight -- my group has been responsible 18 for eight. 19 COMMISSIONER BALDWIN: Why don't you get a 20 hold of that sign. 21 (Photo shoot.) 22 COMMISSIONER BALDWIN: All right. So on 23 behalf of the Commissioners' Court, we say 24 congratulations to you and thank you very much. 25 MS. LEONARD: Thank you. 8 1 (Applause.) 2 COMMISSIONER BALDWIN: You're welcome. 3 MS. LEONARD: Thank you very much. We have 4 some of our members here. I didn't do this by myself. 5 With our -- some of the commission people stand up, 6 please. 7 And we're leaving directly from here to go 8 set up an exhibit across the street. I want to say 9 thank you for your -- to the commissioners for funding 10 us this year, and if you'll look at the report survey 11 it shows that we're right in there with the average 12 allocation of 49 hundred. We have 57 members right now. 13 Last year we had 3,318 hours, and over the State of 14 Texas 482,205 volunteer hours. So the commissions do a 15 lot for our counties and our state. 16 As I said, I want to invite the 17 Commissioners and the Court to visit our upcoming 18 exhibit at the KACC across the street, it's entitled the 19 early years, a hundred and 60 years of Kerr County 20 history. This County was founded in 1856, and a hundred 21 and 60 years. 22 And I'd like to just give a little update 23 about our County. We have a rich and diverse history, 24 from the YO in west Kerr and the ranching families, 25 Real, Schreiner, Stieler, many more. Area camps have 9 1 educated and entertained prominent families from all 2 over Texas and the U.S. LBJ's daughters came here, and 3 recently House of Representative Paul Ryan showed up to 4 pick up his daughter. Eddy Rickenbacker had a ranch, he 5 was a World War II medal of honor winner. Admiral 6 Chester Nimitz, General Edwin A. Walker also claim 7 Kerrville as other notables. And many came for the cure 8 for tuberculosis. Father Kemper founded Notre Dame 9 Church and School. Jimmy Rodgers singing cowboy. The 10 H. E. Butt family and many more. Robert E. Lee came to 11 Camp Verde along with other military notables. Texas 12 Rangers John Jack Coffee Hayes, and Captain Neal 13 Caldwell protected settlers and fought outlaws along 14 with many Kerr rangers. 32 are buried in the Center 15 Point Cemetery. Center Point had a bank, mills, 16 newspapers, a fairground, and a boy's boarding school in 17 1880's. On the east of Center Point toward Comfort, we 18 had the Apelt's Armadillo Farm, which created hundreds 19 of purses out of armadillos, another oddity. We had the 20 Hermann Son's Retirement Home, the Cypress Creek School, 21 all in this small area of Texas. We need to preserve 22 and exhibit this history. So I'm hoping we all will 23 have in our back of our minds that we do need a museum 24 for Kerr County. And that's just a little part of our 25 history. And a lot of it will be at the KACC from 10 1 exhibits on settlers, early communities, notable people, 2 and artifacts that, you know, for the founding of Kerr 3 County. So I hope to she y'all there and anybody in 4 this audience, hope to see y'all there. 5 MS. CARSON: When does this display open? 6 MS. LEONARD: It starts on Thursday and the 7 reception will be Saturday from one to three. And you 8 can have wine and food there. That's a big 9 encouragement. 10 COMMISSIONER BALDWIN: Julie, on your list 11 of people that have visited or lived in Kerr County, I 12 want to you add the Neunhoffer's, they fell off of 13 Noah's Ark here. 14 MS. LEONARD: Right. They have a big part 15 of the exhibit, the surveying tools. And the 16 Dominguez's, I couldn't mention them all, we had to cut 17 them down. We had hundreds of pictures, and we probably 18 have hundreds right now, plus some artifacts. And the 19 Texas Rangers are checking our security, 'cuz they're 20 going to go to the Buckhorn and maybe have some Texas 21 Ranger guns and some pictures from the Center Point 22 Rangers and Kerr County Rangers. So if we pass the test 23 tomorrow we'll have some of their stuff. Thank you. 24 COMMISSIONER BALDWIN: Congratulations and 25 thank you. 11 1 (Applause.) 2 JUDGE POLLARD: All right. Apparently the 3 District courtrooms are both occupied and full, we're 4 not going to be able to move up there. So we're going 5 to have make due with what we've got here. How many 6 more are there out in the hall that can't hear? Are 7 there 15, 20 or so? I will invite those in the hall to 8 come -- some are leaving here. And come in and fill up 9 the chairs and even stand in the middle if you'd like so 10 you can hear. Anybody in the hall that would like to 11 come on in where they can hear, stand in the middle 12 here. 13 (Off the record.) 14 JUDGE POLLARD: Some of those in the hall 15 can come in and fill up the empty seats here. And the 16 others in the hall can come stand in the middle if they 17 want so they can hear. 18 (Off the record.) 19 JUDGE POLLARD: Come fill up these empty 20 chairs. All right the next item on the agenda we're to 21 take out of order. It's 1.5 consider -- 22 COMMISSIONER MOSER: 1.4. 23 COMMISSIONER LETZ: 1.4 is the Gateway. 24 JUDGE POLLARD: All right. 1.4 consider, 25 discuss and take appropriate action regarding the 12 1 proposed development of Gateway Shopping Center. Mike 2 Lowe and David Vineyard. Hi. 3 MR. VINEYARD: Good morning, Judge, 4 Commissioners. We're so grateful to be here today. 5 JUDGE POLLARD: I think you can pull that up 6 a little bit. 7 MR. VINEYARD: Kerrville Gateway is a 8 40-acre planned development at the intersection of 9 Sidney Baker and Highway 16, and the southeast corner in 10 Kerrville. We're here today to ask for a 381 grant from 11 the County. That will be contingent on the city's 12 granting a 380 grant to the developer for construction 13 of infrastructure. It amounts to about a 1.9 million 14 dollars ask from the County, against a 2.1 million 15 dollar return to the County, that's over ten years. 16 After our infrastructure debt is retired the entirety of 17 course of property tax, sales tax would come to the 18 County. Our ask only involves 75 percent of the sales 19 tax collected from the site itself. No other taxes 20 would be involved. Never would funds flow from Kerr 21 County or the City of Kerrville to the developers, they 22 would only flow from the comptroller to the taxing 23 entities. 24 So with that, I would like to introduce 25 Mr. James Walker, Sr. Vice President and partner in Gulf 13 1 Coast Commercial Developer. 2 (Off the record.) 3 MR. WALKER: James Walker of Houston, Texas. 4 Thank you very much for having me. I don't, unlike 5 Dave, I don't have to bend over to use this microphone. 6 Just a little bit about me -- 7 COMMISSIONER MOSER: Pull the microphone 8 little closer to you so people can hear you. I don't 9 think it's on. Hello. I don't think it's on, but I can 10 talk loud. James Walker, Gulf Coast Commercial. A 11 little bit about myself and Gulf Coast, we've been in 12 business as Gulf Coast since 1999. Real estate partners 13 have been in business a lot longer than that. 14 We've developed several millions square feet 15 of huge shopping centers. Projects similar to what 16 would we do here, we've done in Yukon, Oklahoma, which 17 was a Target-anchored center that we received a similar 18 agreement with the City there that we're asking for 19 here. Baytown, Texas, we've done Kohl's, Academy, 20 Kroger, we've had similar agreements there. Joplin, 21 Missouri, we did a large Kohl's development that was 22 also anchored by a Target, and similar agreement there. 23 We've got a large development in downtown Houston right 24 now at Studemont, a hundred and 85 million dollar 25 project. And then I've done a couple of different types 14 1 of projects in Pittsburg, Kansas and Dodge City, Kansas, 2 where we've partnered with the City for some sort of 3 assistance. So our lineup of tenants that we've done, 4 Kohl's, Target, Academy, similar tenants to what we 5 would like to do here. 6 I'd like to talk a little bit about our 7 location. We've owned this site since 2005. We 8 developed the Pier One anchored center next to Walmart 9 back in 2000 and 2001. Liked Kerrville, we looked 10 around, we talked to tenants about, you know, if we 11 could put together a regional, you know, power center 12 where that should be located, and they wanted to be out 13 at the interstate. So we like our location, we think 14 it's the best spot and have heard that from our tenants, 15 so -- but with any site there are challenges. 16 And so we've got some infrastructure that 17 needs to go in and that's why we're here as to how we 18 can basically finance that infrastructure, and so our 19 proposal is that from the County's side, I believe the 20 County gets a half a percent sales tax. So we would 21 take -- we would get 75 percent of that sales tax over a 22 ten-year period to help pay back that infrastructure 23 cost. A similar ask from the City as well as the hot 24 tax from the City. 25 As Dave pointed out, our proposal is that we 15 1 wouldn't touch the ad valorem tax, and we wouldn't touch 2 the 4B tax that's for economic development. And as Dave 3 pointed out while we would in effect be getting 1.9 -- 4 1.8 million dollars from the County's side, they'll earn 5 over two million dollars from our project, so it's a 6 fifty-fifty partnership. And then once that's retired, 7 then a hundred percent of the sales tax goes to the 8 City -- or the County. 9 So we think it's a fair proposal, there's no 10 up-front costs that we're asking from the City or the 11 County, or financing it all, or financing at all, and 12 I'm happy to answer any questions. 13 COMMISSIONER LETZ: Can you go into a little 14 bit of details of the the stores or whatever is on the 15 map, the orange pieces. 16 MR. WALKER: So first of all I should have 17 pointed out that, you know, this study we did in 2014, 18 and we gave our consultant a certain lineup of tenants. 19 I can't guarantee you that those tenants are going to be 20 the tenants that are here, but basically that lineup of 21 orange back there is what we call our anchor, our junior 22 anchor, so I believe at the time we were talking to 23 Hobby Lobby, and so they were our large box anchor 24 there. We had a sporting goods store laid out, Dick's. 25 And then there's some pad restaurants out in front kind 16 1 of along Quinlan Creek, and then a couple of pads up by 2 the Dairy Queen on the west side of Quinlan Creek. We 3 also have a -- it doesn't show it on here, but a hotel 4 site that -- yeah, right there, in which we would 5 envision, you know, either a Hilton or Marriott product. 6 Lots of discussions with Marriott about doing one of 7 their flags here. And they would like that to happen. 8 MR. VINEYARD: The entire site is a 62-acre 9 site. The shopping center itself would occupy about 40 10 acres. But we've allowed for a generous wooded buffer 11 between -- between the shopping center and the Hill's 12 Apartments there on Alpine. As you notice a large 13 retention pond, that actually drains a good bit of the 14 drainage coming up -- coming off of the Summit Ridge 15 that's currently not handled. It's going directly into 16 Quinlan Creek today. 17 COMMISSIONER MOSER: Who are the -- who are 18 the tenants, potential tenants, that have made 19 commitments to this, and what type of commitment exists? 20 MR. WALKER: So back two years ago, the 21 direction I received from the City was go get some 22 letters of intent so that then we can talk about this, 23 you know, public-private partnership. So I went out and 24 got commitments. We have Hobby Lobby, Ross, Marshalls. 25 I mean those were the three key tenants that then allow 17 1 us to kick off the rest of the development. So we did 2 that, and then we were told kindly that well we're not 3 interested in, you know, a partnership right now. So I 4 had to go back to those tenants and say, I'm sorry, 5 we're not moving toward. So I'm not -- I don't want to 6 get in that position again. So what we are doing is 7 saying we can deliver these types of tenants. Academy 8 continues to express interest. They e-mailed us last 9 week asking what the status of our development was, and 10 when we were moving forward, because they want to be 11 here. So I don't have any firm commitments. I need -- 12 I need that commitment from the County and the City and 13 then I can go secure my commitments from the tenants. 14 COMMISSIONER MOSER: Well, just in full 15 disclosure, we've -- Mr. Letz and I met with these 16 gentlemen and listened and talked, and one of the 17 questions that I had then, and I still have the 18 question, is what is the market out there? I mean 19 Kerrville is not really growing, okay, it's growing very 20 slowly. I don't think Junction is growing a lot. I 21 think the surrounding area is not growing a lot. And 22 when I look around so my question is, you don't have the 23 commitment, but so what in the general sense, I know you 24 must have looked at this if you're investing in it, what 25 is the market for more retail space? I mean we just had 18 1 an announcement last week Hastings is going bankrupt. 2 Big hole in the -- in our community there. We've got a 3 lot of empty stores on Main Street, that have been empty 4 for a long time and are empty quite often. We have 5 other things around the area that are -- I mean the 6 mall, I don't know what percentage occupied the mall is, 7 maybe somebody knows. But it has a lot of empty stores 8 in it. So if we're looking at something and we're 9 saying you know, this is how much money we're going to 10 bring in, is that even feasible in light of today's 11 market, I mean in this market? That's my question. 12 MR. WALKER: Location is a big driver in 13 retail. So what we envision is a regional power center 14 that's going to draw further than what Kerrville 15 typically draws from. So our tenants have looked at 16 this, we've looked at this, you know, we think there's a 17 a range not quite to -- you know, not going to Boerne 18 but about a hundred and 35 thousand people that will 19 come and shop in Kerrville, and so but what Kerrville 20 lacks right now is that comprehensive regional power 21 center that's going to draw that customer. You know, 22 people come to Walmart, they go there for everyday 23 shopping, you know. The Pier One center does well. But 24 it's not that draw that's going to make someone decide 25 to come here and, you know, spend the day and shop. So 19 1 we believe that market is there, but it's not going to 2 happen at the mall location, it's not going to happen 3 somewhere on Junction Highway, we don't believe. We 4 think you need to be on the interstate, you need to be 5 that easy access point to that regional customer that's 6 coming into town. 7 MR. VINEYARD: May I? Hastings lasted a lot 8 longer than Block Buster. What got Hastings was Netflix 9 and streaming movies. They've delayed that by their 10 merchandising techniques, and God bless them that they 11 have. But their problem has nothing to do with retail 12 in Kerrville really. The opportunity is to add that 13 hundred and 35 to 50 thousand County residents that we 14 have. We have a market that looks more like a midsize 15 City than a rural community. The motive here is to take 16 the framing carpenter and his nurse practitioner wife in 17 Junction who come here now once a week, and convince 18 them to come a couple times a week. It's the reason 19 that Gibson's continues to succeed, that we have five 20 lumberyards that don't just survive, they succeed. You 21 come to town, you shop at Lowe's or Home Depot, you run 22 by Walmart, you get your teeth cleaned, you get your 23 hair fixed, you eat Thai food and you go back. 24 And it's demonstrated both in the recent 25 Nielsen Gap Study that the Kerrville Economic 20 1 Development Cooperation put forth. It is the reason 2 that Avery understands that there's two hundred and 50 3 thousand person labor shed in the region. That same 4 labor shed not counting the Bexar County portion, is our 5 consumer base. It has been for a hundred years, it will 6 continue. 7 COMMISSIONER MOSER: Well, so what you're 8 saying is there's a bigger market out there and we just 9 need to have some honey that draw the bees in? 10 MR. VINEYARD: Yes, Sir. To a great degree 11 that is what we're saying. 12 COMMISSIONER LETZ: As an observation, and 13 then I also have a question, but observation is that 14 one, you know, the current options for the stores you're 15 talking about are going to San Antonio. Those that go 16 to -- I mean all those stores are mentioned are San 17 Antonio type stores right now. I mean and there's 18 nothing in between here and San Antonio. Those that go 19 to San Antonio the traffic has been come absolutely 20 horrendous from Boerne to San Antonio. I think there 21 would be a draw for some people in Boerne to come this 22 way rather than that other way. I know a lot of people 23 from Comfort shopping that used to go to Boerne to shop, 24 are coming to Kerrville to shop. But you know I'm not 25 an expert on marketing by any means on stores. I 21 1 thought it was absolutely absurd for both Home Depot and 2 Lowes to come here, they both seem to be doing pretty 3 well. The question is, I was not aware who developed 4 the center where Pier One is. How is that center doing? 5 MR. WALKER: The last time I drove by it was 6 full. We sold that property to an investor in 2004. 7 And in anticipation of buying the site that we did buy, 8 so we haven't owned it for 12 years, but I know that 9 Pier One's still in there, I know Culver's is there, 10 McDonalds. There's two or three tenants that, you know, 11 kind of turn over every once in a while, which is 12 typical in the retail business. But I talked to that 13 investor a lot, I've sold five shopping centers to him. 14 And if he weren't happy, I would hear about it. 15 COMMISSIONER LETZ: The other question I had 16 is the location y'all have that you own is -- be 17 challenging from an infrastructure standpoint, there's a 18 creek there. There's drainage issues and all of that. 19 There is a, I guess, it's going to go forward, I'm not 20 sure or not, that the City has put up for TxDot to put 21 another access ramp off of the interstate, and with the 22 plans on developing the property between Harper Road and 23 Highway 16. And that that property, I have no idea what 24 the infrastructure cost would be. I know there's about 25 ten or 11 million dollars for the access itself, the 22 1 access ramp itself. How does this site compare to that 2 from a retail standpoint, and hotel standpoint and 3 things of all that nature? 4 MR. WALKER: I'm going to answer that in a 5 couple ways. One, from location standpoint, I would 6 rather be at the front door of Kerrville with a shopping 7 center than the back door of Kerrville with a shopping 8 center. And that exit is the backdoor into Kerrville; 9 it's -- it's not front and center. I want to be front 10 and center. So could they develop that and could it be 11 successful? I'm not telling you they can't. But that's 12 not where I would want to be, if you told me today you 13 get to do this site or that site, and you get your 14 infrastructure paid for, whether it six million dollars 15 or 12 or 20, on the other site, I like my site better. 16 The other thing, and you know retailers are 17 funny. It's a funny business, it's a close knit 18 business, so there are retailers that if you had a 19 shopping center site, you could call all day long and 20 you'll never get a call back from, you know. A Kohl's 21 or Academy, they like to deal with developers they've 22 done business with. I'm not saying that there aren't 23 developers here that can't do that. I just know that we 24 have tenants asking for us, when is our site going to be 25 ready because they want to be there. 23 1 So that's the other side of the equation, is 2 you know, I don't know anything about the developers for 3 the other site, maybe they have a lot of retail 4 experience and maybe that's not an issue. But we're 5 ready, and we're ready now. 6 COMMISSIONER MOSER: Jonathan Letz brings up 7 a good point that another potential site on Interstate 8 10 probably wouldn't agree it's the back door. There's 9 a lot of people come from -- that would be the front 10 door for people coming from Junction coming into 11 Kerrville. Is Jonas Titus here? 12 MR. TITUS: Yes. 13 COMMISSIONER MOSER: And he's -- Jonas is 14 with Kerrville Economical Development Corporation, 15 executive representative. Are there other places for 16 people like that, developers looking in the City that -- 17 MR. TITUS: Yes. I think yes, yes. And 18 we've received inquiries from several other national and 19 international developers that have targeted other sites 20 in town. So the answer to your question is yes. 21 COMMISSIONER MOSER: Okay. Can you say 22 where those might be? 23 MR. TITUS: They're prime locations, I hate 24 to be trading trust with developers. But I've looked at 25 the date they run from pro forma's, they all have gaps. 24 1 I don't know. KEDC Board has not met about this yet. 2 We received the application close of business on 3 Thursday, so I hate to get ahead of our process. But 4 look at some of the -- some of the pro forma's and some 5 of the numbers, they would be in the range of less than 6 four million dollars, four million dollars. 7 COMMISSIONER MOSER: That would be for tax 8 relief, is that -- 9 MR. TITUS: Correct. 10 COMMISSIONER MOSER: Yeah, okay. Something 11 comparable. 12 MR. TITUS: Yes. 13 COMMISSIONER MOSER: All right. 14 COMMISSIONER BALDWIN: Sir, my 15 daughter-in-law Marrissa called me last night, and she 16 said if it doesn't have a Chipolte and a Target, don't 17 vote for it, and I pay close attention to my 18 daughter-in-law. But seems like to me that we've got 19 this thing backwards, or you have this thing backwards 20 if you want us to vote to give you money when we don't 21 know what we're paying for. So you know, it seems to me 22 that you would know or let us know of what facilities, 23 what stores, names of stores that are definitely coming 24 in, so we know what -- what's being invested in. It 25 just -- it's not one that -- we're not going to play the 25 1 game of you pay us and then we'll let you know what 2 you're going to do, what we're going to do. 3 MR. WALKER: That's the beauty of our 4 proposal, you're not paying anything. 5 COMMISSIONER BALDWIN: I don't understand. 6 I won't vote for a nickel until I know everything I need 7 to know. 8 MR. WALKER: Yeah. So I can't guarantee you 9 that I'm going to get Academy, I can't guarantee that 10 I'm going to get Hobby Lobby, I can't guarantee that I'm 11 going to get Target. What I can tell you is who we had 12 before and who has approached us recently. And, you 13 know, Academy is the big anchor at this point that we 14 would have in our development. Again, subject to 15 reaching a deal with them. 16 But as I -- as I say that, I go back to what 17 I did before. I heard the same things that you said, so 18 I went out and I had a lease ready to sign with Hobby 19 Lobby. I had an agreement and a lease under negotiation 20 with Ross and with Marshalls, and these are guys we deal 21 with everyday in our business. And for me to go to them 22 and say oh wow, you know, we've been lead down a path 23 with the City about a partnership, has always been on 24 the table in my discussions with everyone, and they 25 decided they're not going to help us, so we can't move 26 1 forward with your project, you know. That's egg on my 2 face, you know. And I don't want to do that again in my 3 industry. So I appreciate what you said. And I can 4 tell you that we did have those deals and those are 5 deals easily resurrected. And Academy, like I said, 6 e-mailed us last week, when are you going to do 7 something in Kerrville, you know. That's about the best 8 I can do. 9 COMMISSIONER BALDWIN: It's a rough world. 10 COMMISSIONER MOSER: So the -- 11 COMMISSIONER BALDWIN: Wait a minute. 12 MR. VINEYARD: Excuse me. The proposal 13 before you is labeled a draft. Why is that? It's 14 because we're looking for an open good faith 15 negotiation. As time passes and as the ground becomes 16 firmer under us, Buster, we may be able to secure those 17 agreements without exposing the company to unfortunate 18 loss. You don't do this with these guys two or three 19 times in a row and survive as a developer. That's why 20 we resisted going back to the retailers prior to 21 establishing the good faith negotiation. 22 COMMISSIONER BALDWIN: All do I need to know 23 is who do I send the bill in for me holding the sign for 24 your sign for you. Is the check in the mail, Mike? 25 COMMISSIONER MOSER: And you said this is a 27 1 draft. 2 MR. VINEYARD: Yes, Sir. 3 COMMISSIONER MOSER: You mentioned 1.9 4 million that would be from the County. I think, Jonas, 5 you mentioned the four million, that's total, that's 6 total relief. So what is the total relief that you are 7 requesting comparable apples and apples to the four 8 million? 9 MR. WALKER: On a time value of money, 10 standpoint it's around six million dollars. 11 COMMISSIONER MOSER: Around six million. 12 Okay. 13 MR. WALKER: That's dollars today. If the 14 City wrote a check, but we're not saying that, we're 15 saying we're going to finance this. So we need to help 16 carry that six million over ten years. 17 COMMISSIONER MOSER: So but what you're 18 coming in here and saying, this is a draft proposal, 19 this is the concept, but we need to have six million 20 dollars of relief, and just use that term, before we can 21 close the business deal. 22 MR. WALKER: Correct. 23 COMMISSIONER MOSER: Because you're free to 24 just go out there and develop it. 25 MR. VINEYARD: Tom, in the interest of 28 1 apples to apples, we don't know the details of that 2 whoever that other proposal is. 3 COMMISSIONER MOSER: I don't either. 4 MR. VINEYARD: And you do know the details 5 of this one, including an economic impact study attached 6 to your proposal that expresses $860,000,000.00 worth of 7 economic impact. Now, the ask from whoever that is is 8 four million. I would bet that the economic impact is 9 much below 860 million is also. It's a businessman's 10 investment that we ask you to consider. 11 COMMISSIONER MOSER: Yeah. I was just on 12 the category of -- I don't care -- I mean I don't know 13 who the other people are. I don't know if four 14 million's right, I don't know if six million. But 15 you're asking -- 16 MR. VINEYARD: Yes, Sir. 17 COMMISSIONER MOSER: -- for a commitment, 18 okay, from the taxpayers, literally, okay. That's my 19 point. 20 MR. VINEYARD: We're asking for a response 21 to the deal that's on the table. A development wherein 22 the infrastructure is not developed, but it's to the 23 site. Water, wastewater, and telecom, electrical are up 24 to the site, and the zoning is complete, we've arranged 25 with TxDOT to realign, pay for the realignment of the 29 1 exit ramp to minimize the traffic impact on the City of 2 Kerrville. Is this deal ready; we're ready. 24, 26 3 months, we've got customers shopping at Kerrville 4 Gateway. 5 COMMISSIONER LETZ: The question I have and 6 get a little bit back more to the deal. So what you're 7 asking for is a kind of like a -- I don't know maybe a 8 six month -- a six month window to say that we will 9 agree to this, this and this. We will agree abating 75 10 percent of the sales tax for -- 11 JUDGE POLLARD: You mean the county, the 12 county's part of it. 13 COMMISSIONER LETZ: Of the county's portion 14 of it. 15 COMMISSIONER BALDWIN: Ten years. 16 COMMISSIONER LETZ: Which is money that we 17 don't have now anyway. 18 JUDGE POLLARD: That's right. 19 COMMISSIONER LETZ: This is money that would 20 be -- if that money comes in we would abate it and it's 21 not current dollars, and we would -- what's the value of 22 the estimate -- of the -- you said two million dollars 23 would come into the County approximately. 24 MR. VINEYARD. 2.1 in ten years. 25 COMMISSIONER LETZ: 2.1 in ten years. And 30 1 that's the ad valorem tax. 2 MR. WALKER: Mainly ad valorem -- 3 THE REPORTER: Please one at a time. 4 JUDGE POLLARD: And that's an ad valorem tax 5 that we don't have it. 6 COMMISSIONER LETZ: Right. So we would 7 be -- 8 JUDGE POLLARD: So this would be an increase 9 in our ad valorem -- 10 MR. VINEYARD: During construction your 11 increase is 60 thousand dollars. 12 COMMISSIONER LETZ: So the new taxes into 13 the County, the 25 percent sales tax we would get, if 14 your numbers are correct and the ad valorem taxes over 15 ten years is probably 2.5 million or so. 16 MR. WALKER: And remember your investment is 17 zero. I'm -- I'm -- 18 JUDGE POLLARD: No money from the County or 19 the City. 20 MR. WALKER: I'm making the investment. I 21 believe in the project. I believe the project's going 22 to generate the money to pay that back. So I'm willing 23 to take that risk. So the County invests zero. The 24 City invests zero, so what is -- you know -- two million 25 return on zero. That's what you're getting. 31 1 COMMISSIONER LETZ: And that comes out to 2 two million. That comes out to over ten years. 3 Basically additional two hundred thousand dollars a 4 year, which is three quarters of a cent of a tax break 5 rate. 6 JUDGE POLLARD: And that any time we get an 7 increased tax base, that we get ad valorem tax on, even 8 during the ten years as I understand it, is that 9 correct? 10 MR. VINEYARD: Yes, Sir. 11 JUDGE POLLARD: And at the end of the ten 12 years, the abatement on the sales tax goes away, and now 13 we have not only the ad valorem tax on the tax base, we 14 also get the -- go back to our original is one half of a 15 cent, isn't it? One half of a cent. 16 MR. VINEYARD: And the City owns the 17 infrastructure assets as we build. 18 COMMISSIONER LETZ: I mean we're in the 19 middle of budget right now, so that's why these numbers 20 are important to me. 21 JUDGE POLLARD: Me too. 22 COMMISSIONER LETZ: And we're going to have 23 a tax increase this year, and this would account for, if 24 it was already there, point 75 of a cent, which is a 25 huge amount going forward with taxes. 32 1 Anyway, the other -- or the question I have 2 is we generally are usually -- labor commitments or 3 there are certain number of jobs will be created in 4 these types of agreements, a commitment on the value of 5 what you're going to build and all that. All that, I 6 guess would be worked out. So you are looking for some 7 sort of a draft, a commitment that the County would be 8 interested in going forward, and with the -- and then we 9 would look later at the economical development in six 10 months, a year? 11 MR. WALKER: You know, I think as soon as we 12 get through the KEDC process, and then assuming we go to 13 the City Council and get that approved, you know, it's 14 an approval of basically then we're going to sit down 15 and negotiate it. But we all understand the commitment 16 level, you know, that we're asking for. So -- so 17 basically we're needing some sort of commitment that 18 yes, subject to those steps happening, and what's 19 meeting and agreeing on these, you know, certain 20 benchmarks, yeah, the County is in, that's what I need 21 to hear today, or what I'd like to hear. 22 COMMISSIONER MOSER: That's the problem I 23 have, and I think that's what Jonathan's on. This is a 24 draft so what -- and I think Jonathan's saying we give 25 you a draft, or consider a draft commitment, depending 33 1 on what you come back with, but not a commitment, until 2 we see you say the benchmarks. I don't -- I don't know 3 what the benchmarks are. 4 MR. WALKER: And Jonathan kind of alluded to 5 some of them, and typically those are hooks to make sure 6 a developer develops, because they're getting some money 7 up front, which we're not getting. Again, we're putting 8 all the money up front. We believe we're going to 9 generate the sales tax to pay us back, the 10 infrastructure investment that we're going to front. 11 But we'll sit down and talk to you about it, look the at 12 study, you know, the retail jobs, for construction jobs, 13 you know, however you want to structure that, and the 14 City wants to structure that, we'll sit down. But what 15 we need is a commitment that says yeah, subject to us 16 agreeing to those things, we can -- this is a reasonable 17 investment by the County and we'd like to do something 18 along these lines. 19 COMMISSIONER MOSER: Well, we need to know 20 what those things are. 21 MR. VINEYARD: Well, it's kind of circular, 22 Tom. We said this is a request of Commissioners' Court 23 contingent on the City granting a 380 grant. 24 COMMISSIONER MOSER: No, that's not what I'm 25 hearing. I'm not hearing the City. I'm hearing 34 1 benchmarks. What are the benchmarks? Okay, who are -- 2 see, I could see okay, here's the criteria, if you can 3 guarantee X number of jobs for some, you know, with 4 that. If you can guarantee some type of -- you say you 5 got letters of intent or had letters of intent from 6 different types of stores. You could -- if you could 7 say yeah we've got the commitment from these stores, 8 these types of stores, that are not just necessarily 9 small places or competing with empty stores, store 10 fronts around here. And I think we could lay out a list 11 of things like that to consider. So you are asking for 12 -- you got a draft proposal, we're asking for a draft 13 commitment. 14 MR. VINEYARD: And we are forecasting 830 15 retail jobs and over 200 construction jobs. That's the 16 economic forecast for impact, the same people that Jonas 17 and the City Kerrville use for that purpose. 18 COMMISSIONER LETZ: I think we're going -- 19 I think -- I mean I'm in favor of developing that 20 property, you know, and I'm not going into specifics of 21 who the exact tenants are, whether it's a Hilton or a 22 Marriott, that's not the issue to me. But I think that 23 it's premature for us to vote on anything today. I like 24 developing the property. I like the type of assistance 25 for requesting from the County which is seven-five 35 1 percent of the sales tax. I like those two things. But 2 I need to see a document that says -- says that and says 3 what you're committing, what y'all's side of the deal 4 is. I can't vote on something that is general as what 5 it is right now, we need a very simple document that 6 says, you know, what you're requesting, what you're 7 planning on building and basically a two-page 8 commitment, and how long you want that commitment for, 9 you know. I'd be willing to vote on something like 10 that, but I don't have that yet. But I'm in favor of 11 it, the project. But haven't heard at all from Number 4 12 over here. 13 COMMISSIONER REEVES: Well, first of all 14 it's in Precinct 3, so I was going to let you have -- 15 he's our EDC representative. If y'all covered 16 everything, I do have a few things that I'd like to say, 17 but I've been waiting. Some observations that I've made 18 and I think you said we're not growing, yet I've heard 19 through budget hearings how Kerrville has grown. As the 20 population base of Kerrville grows the need for 21 services, law enforcement, etc., increases as well. 22 Right now the only way that we can build on our tax base 23 is residential. That's where it's growing. Without 24 commercial development it puts an unfair burden on our 25 residents and their homes. Where what you're talking 36 1 about the increase in taxable value, the tax dollars is 2 a very positive avenue. I'm assuming that there 3 probably would be a local contractor, Mr. Lowe, that 4 would be involved in it. And I'm not -- I'm not 5 knocking it. I think that's a positive thing because 6 that money, he'll be hiring local subs, I hope. 7 MR. LOWE: Yes, Sir. Yes, Sir. 8 COMMISSIONER REEVES: And keeping where a 9 development that's not secured by local related people 10 might bring the general and all the subs from out of 11 town, that money's going right down the road after it's 12 spent here. Where I realize most of the chains that you 13 are talking about that money other than sales tax, and 14 first couple of rounds, isn't going to turn over a whole 15 lot of times in Kerrville, it's going back to corporate, 16 but that's the way of the world, you know, that's how it 17 is. But do I think it would be a positive benefit on 18 relieving some of the property tax burden. 19 I kindly question where the hundred and 35 20 thousand, if you're pointing to the west, because 21 there's not much between here and San Angelo and Fort 22 Stockton. 23 MR. WALKER: No, you go up to Pittsburg -- 24 I mean Fredericksburg, you go out to Boerne, you know, 25 down to the south. 37 1 MR. VINEYARD: It's an eight county 2 commercial watershed, Bob. It is well documented both 3 by KEDC and Chamber of Commerce. 4 COMMISSIONER REEVES: Okay. 5 MR. VINEYARD: That's the slogan it's all 6 right here that the Chamber of Commerce uses. That was 7 born of the study that discovered those eight counties, 8 and the way they support trade. 9 COMMISSIONER REEVES: And I probably 10 question that with them; I'm just saying what I've 11 observed as I spent yesterday looking at this. Any new 12 business will take away from existing business. So has 13 any study been made what we might lose on sales tax 14 because of let's just say of Ross, because I know that's 15 where Janet would be shopping seven days a week, eight 16 if possible. If a Ross came here and we lost 17 business -- have we looked at the net effect? 18 MR. VINEYARD: It's not possible for us to 19 do that. And I'll tell you one of the reasons it's not 20 is how much sales did Gibson's lose when Walmart came 21 with their first location here, I don't think they lost 22 much. They continued to succeed. Now, I would put 23 forth to you that good operators will continue to 24 succeed at higher traffic levels. What matters is did 25 we bring more people to inside the County line with 38 1 dollars in their pockets, and more frequently than they 2 would have previously come. Because maybe -- maybe we 3 put in an Olive Garden and maybe you eat at Olive Garden 4 one time a month but you're not going to want to every 5 time. My wife can't buy her workout shoes at Academy; 6 she's going to go to Fitness First Sports, because she 7 always has. They will fit her right, they'll give her 8 the brands that Academy doesn't carry, and they'll 9 service her. And they'll service at Academy to speak 10 of. Good operators will continue to be good operators, 11 bad operators will die whether or not Kerrville Gateway 12 comes here. 13 COMMISSIONER MOSER: Fair enough. I think 14 Bob hit the point here. 15 COMMISSIONER REEVES: May I continue please. 16 COMMISSIONER MOSER: I'm sorry. 17 COMMISSIONER REEVES: I ask back to Jonas, 18 because I'm kind of looking at this, and having spent a 19 few years in the real estate industry, you're kind of 20 coming to us like we're a bank, and that's not a bad 21 thing, we're going to help finance. And speaking as 22 Jonathan spoke, you wouldn't walk into a bank -- well 23 used to, but that's why some of the banks aren't around 24 anymore, that they make multi million dollar decisions 25 in a couple days. Is there an interest, yes. I have a 39 1 great interest in it. But I think just like a bank may 2 go out and look at other data, because the data you 3 brought forth is probably the best of the world, the 4 best case scenario, and I would look down on you if you 5 brought the worse case scenario. 6 MR. VINEYARD: Yes, Sir. 7 COMMISSIONER REEVES: I would like to see 8 and we're spending money with KEDC for them to analyze 9 this, and give us their opinion. Now, I may not agree 10 with your opinion, Jonas, but at least I'd like to see 11 what you're saying on this, and bring it forward to us. 12 I think this is something that can be workable, I think 13 it's like probably any other deal, it may be negotiable. 14 MR. VINEYARD: Yes, Sir. 15 COMMISSIONER REEVES: So there's no sense in 16 running away from something that through negotiation may 17 be a very positive aspect for Kerr County. I've got 18 some other questions, but I'm sure Miss Stebbins will 19 get on to me for practicing law, so it'd probably take 20 some legal consultation and it may be Miss Stebbins, it 21 may be our Auditor, and I don't know is Miss Bolin here 22 this morning or not, tax collector. Will -- because 23 their sales tax was passed back in the 80's to offset 24 property tax. Will this have any affect on our 25 effective tax rate calculations? I don't know the 40 1 answer. I looked yesterday and I could answer it yes 2 and I could answer it no, that's why I'm not going to 3 answer, Miss Stebbins. But that is one question I have, 4 because if we're giving up money here and then it 5 affects water ad valorem rate to be that would not be 6 positive for anybody involved. So that's why I'm like 7 Mr. Letz, if we want to proceed today to study this, and 8 see what we can work out, I would first like KEDC to 9 tell me their opinion, but what I've seen in the draft, 10 and everything, I think it can be very positive. I'm 11 sure there was negative when an old drive-in theater was 12 torn down. But you have brought in retail, a lot of 13 them stayed, we see some go, but Pier One is there, 14 Culver's, McDonalds, those, and I'm -- you know a lot of 15 times you wonder about when you make some change. 16 Sometimes change is good, sometimes it's not. But I 17 think we owe it to everybody to investigate this deeper 18 to see the benefits that could be brought though there's 19 probably some negatives, but two-day study I cannot give 20 you an honest opinion on it other than what it shows 21 shows potential. And I would want to continue to look 22 to see if there's a way to reach this. 23 MR. WALKER: And if I could respond to one 24 thing you hit on, it's a good analogy. You know your 25 banking analogy, you know, where you're financing is. 41 1 We're financing it, so it's like we're going to the bank 2 and saying, hey we're going to put all our money in 3 here, and we're going to pay you 20 percent interest on 4 the money that we've got in the deal. It's -- it's a 5 lot different, so it's no risk to the County. We're 6 putting the money in. If we don't get paid back we're 7 the ones that are coming out of pocket. This isn't -- 8 this isn't a loan, you know. We're -- we're funding it 9 ourselves. So I think it's important to draw that 10 distinction and it goes to Commissioner Letz's point, 11 you know, what -- what benchmarks and stuff. My 12 benchmark is I'm going to put that six million dollars 13 up front. That's how much I believe in my project. So 14 that's a huge benchmark right there. So I think it just 15 needs to be reiterated the County is not financing my 16 project. The County is not coming out of pocket for my 17 project. The County benefits as my project succeeds as 18 I benefit by getting that money back to retire that 19 infrastructure cost. So again, there is no up front 20 money. It's a no risk commitment. 21 COMMISSIONER REEVES: Understand there's no 22 up front, but there's still money that will be paid to 23 you in whatever we said 1.9, 2, I've heard both of them, 24 so I think it behoves us as commissioners to examine it 25 more before anything's signed on the dotted line. I'm 42 1 all for positive growth, I'm all for a project like 2 this, and I think there could be great untold benefits, 3 but we've got to examine the risk as well. 4 I guess one of the nice things about waiting 5 for everybody to talk a bunch of my questions were 6 already answered. But I feel like could I vote for it 7 today, no, but would I vote against it today, no, 8 because there's not enough information yet to make a 9 rational decision for it. 10 MR. WALKER: Can you vote -- I mean -- and 11 this is basically what we will ask the City to do, can 12 you vote to negotiate a 381 agreement with the 13 developer, that negotiate means we sit down and we go 14 through maybe a different setting. Here's what we the 15 County need, and I can explain what I need, and do that 16 over time, and again that's what we're going to be doing 17 with the City. So we're not asking you to sign on the 18 dotted line, we're asking you to do sit down and 19 negotiate what you would do. It's hard to do that in a 20 meeting like this. 21 COMMISSIONER REEVES: How's our agenda 22 written, Miss Stebbins, can you grant us that? 23 MRS. STEBBINS: You could under the -- 24 JUDGE POLLARD: Just take appropriate 25 action's in there, I think. 43 1 MRS. STEBBINS: To enter negotiations with 2 them, but it wouldn't be binding on you without the 3 agreement drafted, and I've certainly drafted those for 4 the County in the past couple years that we can look 5 through that. But I won't do that unless y'all come to 6 another meeting and tell me to do that. 7 COMMISSIONER REEVES: I'd like to -- 8 COMMISSIONER MOSER: Well, I think Bob said 9 a lot of things that hit the nail right on the head. 10 And I'm back to my first question about market. And 11 that's you know, what is the market that can support 12 this plus some support what we have with the commitment 13 that we might be making, some more information to me, a 14 lot more information is needed. And I think your point 15 of letting KEDC who we pay to do some of this, let them 16 come forward as part of the additional information. I 17 don't know why we need to vote now to commit until we 18 see more information. 19 MR. WALKER: Again, we're not asking for a 20 commitment. We're asking for the opportunity to 21 negotiate a 381 agreement. 22 MR. VINEYARD: Good faith negotiation's all 23 we're looking for. 24 COMMISSIONER MOSER: I don't think you need 25 a vote from us to negotiate. I mean you can come back 44 1 any time and do that. 2 JUDGE POLLARD: It won't hurt us to pass a 3 Resolution to negotiate, because that's like agreeing to 4 look I'll try to make a deal with you. It doesn't 5 guarantee that you're going to make a deal, okay. 6 COMMISSIONER LETZ: I'm kind of -- Judge, I 7 don't mind doing it. I personally don't think it's 8 worth much, if anything. But you know, I don't mind 9 doing it. And from the standpoint of -- 10 JUDGE POLLARD: If it'll help him get 11 commitments out of people, out of anchor companies. 12 MR. WALKER: It's worth it to us to 13 negotiate in good faith with the Academies of the world, 14 because like I say look, I don't have the deal done, but 15 they've committed to negotiate something with me. 16 COMMISSIONER BALDWIN: Are you talking about 17 this whole Court sitting down with these guys? I mean 18 nothing's going to change, the room's going to be full 19 of people. Let's negotiate today. No, I'm kidding 20 about that. But the -- does our agenda allow us to 21 appoint a couple members to go negotiate and then come 22 back and then bring it back to Commissioners' Court? 23 MRS. STEBBINS: I think that could be an 24 appropriate action. 25 COMMISSIONER BALDWIN: Inappropriate? 45 1 MRS. STEBBINS: Appropriate. I think that 2 would be okay under the agenda item, and more 3 appropriate to at least authorize someone to start this 4 conversation, which sounds like it's what they want is 5 authorization to begin a conversation with you guys. 6 COMMISSIONER BALDWIN: That's what my 7 recollection would be. 8 JUDGE POLLARD: I have a few questions, too, 9 now and a few comments. I'm sitting here listening to 10 everybody, and I agree with some points made by many of 11 the Commissioners. I like what Mr. Reeves came up with 12 and his opinions. As I understand this you're wanting 13 to us abate 75 percent of the sales tax that we would 14 get if you're -- if you're allowed to go forward and 15 develop the properties. We're not getting any sales tax 16 from that right now, doesn't exist. So this is a -- 17 seems like it's a win-win deal for the County here. 18 We're not having to put up any money up front, these 19 guys are willing to finance the thing and take all the 20 chances. 21 And go with the question that Commissioner 22 Moser has raised about is there a demand for it, will 23 it -- will the commercial community support it? Who 24 cares from our standpoint, he's willing to take the risk 25 on that, we're not taking any risk. And it seems to me 46 1 on the issue of other people of our local merchants 2 getting damaged by this, that I think the man's right 3 over here. They're going to be bringing a lot more 4 people in that's going to make this, this is going to be 5 a power center and it's going to bring a lot of people 6 in from the surrounding areas into Kerrville to shop at 7 that power center, and they're going to the other 8 merchants in town, the ones that are good ones, are 9 going to get business out of that. I don't know what -- 10 there's no -- that's a complicated deal trying to figure 11 out if there's going to be a net loss on that, I don't 12 know. But I don't see how -- this is a win-win for the 13 County. We don't get any taxes off it if they don't do 14 it, and if they're successful we get -- if they start 15 and they're successful, we get 25 percent of the tax for 16 ten years, and then all of the tax afterwards. And then 17 in the meantime we get a substantial increase in our ad 18 valorem tax base. Which I agree with Mr. Reeves helps 19 relieve some of the burden on the residential customers 20 of the County. We're struggling here in this County for 21 taxes. Commissioner Letz is right we're in the middle 22 of a budget, we're about to finish it here, and I can 23 tell you we're short money. We're struggling trying to 24 find money, and we're having to rely primarily on on the 25 residential ad valorem tax base in this County. We need 47 1 to -- we need to develop some commercial tax base. We 2 need -- this is an opportunity to do that, a substantial 3 increase. And if it works, success breeds more success 4 and we'll have more coming in like that. Frankly, 5 I'm -- I'm for it. 6 COMMISSIONER LETZ: Judge, let me make an 7 effort of making a motion, and then we have quite a few 8 comments that we have before we vote from the public. 9 I make a motion that we authorize 10 the Commissioners' Court to appoint two members of the 11 Court to negotiate with the principals of Gateway Center 12 in discussions of a 381 agreement, and to work with KEDC 13 during that process. 14 JUDGE POLLARD: Is there a second? 15 COMMISSIONER BALDWIN: Is that it? Is that 16 the end of it? 17 COMMISSIONER LETZ: I think. Do I need to 18 say more? 19 COMMISSIONER BALDWIN: It just sounded so 20 simple. I'm not accustomed to that. 21 JUDGE POLLARD: Since you two have been 22 doing all this study anyway, that you two -- why don't 23 you include in that that Commissioner Letz and 24 Commissioner Moser be appointed as the representatives 25 to negotiate. 48 1 COMMISSIONER MOSER: I'll second that. 2 JUDGE POLLARD: You agree to that? 3 COMMISSIONER LETZ: It's my precinct so I 4 think I should be involved in it. 5 JUDGE POLLARD: I agree. 6 COMMISSIONER REEVES: Commissioner Moser, is 7 their KEDC representative. 8 JUDGE POLLARD: All right. Essentially now 9 there's been a motion made by Commissioner Letz and 10 seconded by Commissioner Moser that we appoint them as 11 representatives of the Commissioners' Court to negotiate 12 with these gentlemen for the purpose of -- and I guess 13 that's negotiate in good faith with these gentlemen to 14 see if we can work out an agreement about this, subject 15 to and conditioned upon now, they say it's conditioned 16 upon the city's deal, so it has to be conditioned upon 17 that, I would think. 18 COMMISSIONER LETZ: Well, it's not part of 19 my motion. I mean -- 20 JUDGE POLLARD: All right. 21 COMMISSIONER MOSER: That's part of the 22 negotiations. That's part of the benchmarks. There's a 23 bunch of benchmarks to be defined. 24 JUDGE POLLARD: Is that a fair statement of 25 what the motion is? 49 1 COMMISSIONER LETZ: Yes, Sir. 2 JUDGE POLLARD: All right. Any further 3 questions or comments? 4 COMMISSIONER REEVES: I'd like to hear from 5 the citizens first. 6 COMMISSIONER MOSER: I'd like to hear from 7 the public. 8 JUDGE POLLARD: All right. We've got a 9 number of applicants to talk. Rachel Stiefel Whitton, 10 would you mind stepping forward. Let me lay down some 11 rules here at this time. This is -- we're going to 12 invite anybody that wants to speak to come up and speak 13 on this issue, but you need to come forward to the 14 podium, state your name and address, and limit your 15 comments to each party to three minutes. Okay. Any 16 questions about that? All right. Yes, come on up to 17 the podium. 18 MS. WHITTON: My name is Rachel Stiefel 19 Whitton -- 20 COMMISSIONER MOSER: Fix that microphone for 21 you. 22 MS. WHITTON: And my parents came from 103 23 Greenbrier Circle. Is that working? 24 COMMISSIONER MOSER: Yeah, now it is. 25 MS. WHITTON: Okay. I only represent 50 1 myself, but I have been here forever, and my parents 2 came in 1921. That from home of Louisiana by way of 3 Port Arthur, and mother from Port Washington, Wisconsin 4 by way of Chicago. I have a letter that I have written 5 to the Kerr County Commissioners' Court, and I would 6 like to read it. 7 Everyone needs to ask himself why did they 8 come to Kerrville. Was it the size of the town? There 9 are many people who live here who have been all over the 10 world and appreciate Kerrville for what it is. A small 11 friendly group of people who do not want to live in a 12 big town. San Antonio and Austin are just an hour or 13 two away if they need a City, and it is so nice to 14 return home to Kerrville. The main people who will 15 benefit from the Gateway project are the people in 16 Houston, who will receive the incentives from the City 17 and County. Anyone who has driven around Kerrville 18 lately will notice vacant buildings that are ready for 19 someone to start a new business here. Kerrville is too 20 small to support Target and other large companies who 21 will take the profits away from here. We already have 22 Walmart Super Center, J. C. Penney Company, and Belks 23 department store, who are nationwide companies. I 24 notice that the people who own Walmart are some of the 25 wealthiest in the country. They did not get that way by 51 1 paying high wages to all of their employees. When I go 2 into those stores I do not see crowds of people 3 shopping. All those people who come to shop here 4 instead of San Antonio will come, but slowly and 5 continue on to the big City. Those thousand people 6 coming into Texas every day will going to the cities 7 although some will choose small towns outside the 8 cities, like Selma and Cedar Park. Our economic 9 development corporation has already spent a lot of money 10 on projects compatible with Kerrville's need. A large 11 shopping mall belongs to a city or someone who wants to 12 be a city. 13 COMMISSIONER MOSER: Thank you. 14 MS. WHITTON: Rachel Whitton. Who gets 15 this? 16 COMMISSIONER MOSER: We've got it. 17 JUDGE POLLARD: All right. Bill 18 Furbish(phonetic) has filled out a form. Is he here? 19 Bill Furbish. 20 Okay. Harold and Gina Buell(phonetic). 21 MR. BUELL: Thank you. My name's Harold 22 Buell, my wife Gina. We're a small business people, 23 been here since 1978. And we own Fitness First Sports 24 and Kerr Screen Graphics. And I just kind of feel like 25 a voice crying in the wilderness here. I don't have the 52 1 time nor the money to do a big campaign to represent my 2 side of this equation. I -- and let's get it straight 3 right now, I'm all for free enterprise. This shopping 4 center sounds like a really good thing, but is it fair. 5 This is what we want to talk about. I'm against the 6 government giving anybody an unfair advantage. I know 7 that most shopping center developers and business owners 8 have to factor in their building cost as part of their 9 overhead. I personally when we built Town Creek 10 Village, when I bought it, FEMA didn't have a -- they 11 redid the map and all of a sudden I'm under water and 12 had to put in infrastructure, which went onto my debt, 13 which is a part of my overhead. Talked to Billy Gene 14 Smith, he's got a wonderful restaurant there on the 15 river, same thing, he put in a lot of infrastructure, 16 that's overhead, that's what you have to pass on in your 17 profits, or your costs or whatever. 18 In fact one comment as I was talking, these 19 additional supposed increases in sales may not be 20 increases. Billy Gene Smith makes a wonderful 21 hamburger. Well, the shopping center is going to have 22 an X hamburger joint. Somebody comes to town they're 23 going to get a hamburger. Well, they're going to -- 24 it's going to get spread around, and so actually they're 25 taking -- if they buy from X hamburger place in the 53 1 shopping center, they're not buying from Billy Gene. So 2 they're really taking away from revenue that's already 3 established and coming. If the County decides to give 4 the developer a grant or some kind of tax deal, then 5 they're creating an unfair tax advantage for one group 6 of retailers over another, and that's not right. You 7 know, if it was a noncompeting deal like a helicopter 8 manufacturer, that makes sense okay. It's like Mooney 9 that brings in jobs. They're not killing jobs, or 10 taking away jobs, or whatever. 11 The bottom line is that the Gateway folks 12 bought a piece of land that has some serious problems, 13 and they're trying to get the taxpayers to help pay the 14 cost to develop it. All right. It gives them an unfair 15 advantage over other shopping centers and ultimately the 16 lower of the overhead is passed down to the retailer and 17 it creates an unfair advantage, and that's not right. 18 The fact -- I think that future if -- if 19 it's a good deal they're going to do it anyway. These 20 big boxes or whatever, they're going to look at 21 Kerrville and they're going to look at the potential 22 market. And it's not going to matter whether there's a 23 savings to the developer or not. The money works it 24 works. So I don't think we have to give on something 25 that's creates an unfair or potential unfair advantage 54 1 to all the other existing retailers in town. 2 In conclusion I'd like to tell you a little 3 story. I've been starting track meets here for about 30 4 years okay. And I just got this word picture, you know, 5 my job is the kids line up on the starting line, make 6 sure they're all behind the white line, and I say set 7 and they're all still, and I shoot the gun and they have 8 a fair and safe chance to get to the finish line first. 9 I also notice through the years that there's 10 short guys and there's long guys. Usually the short 11 guys can get off the blocks quicker than the long guys, 12 but the long legged guys after awhile they catch up. 13 Okay, it's just common sense. Well, here's the 14 scenario, we got all existing retailers on the starting 15 line and all of a sudden, Coach. Coach comes up, hey 16 Mr. Starter, Mr. Starter, I've got this kid, he's a 17 wonderful runner, beautiful athlete but he's six foot 18 nine, so why don't you give him a ten yard head start, 19 so then you know it makes it fair because he can't get 20 his legs going. Once he gets going he's really fast. 21 Well, that would be absurd. So that's the point I want 22 to make. It's -- it's -- it's a good thing for 23 Kerrville, it'll create jobs for -- my brother's here in 24 the construction business. But you've got existing -- 25 JUDGE POLLARD: Wrap it I up pretty quickly. 55 1 Okay. That's it. Thank you. 2 COMMISSIONER LETZ: Thank you, Harold. 3 JUDGE POLLARD: Thank you very much. I want 4 to ask you a question, Harold, did you ever apply for an 5 abatement? 6 MR. BUELL: That was 12 years ago to my 7 knowledge, I think it didn't exist, and no lead counsel 8 or so, no. 9 JUDGE POLLARD: Okay. Thank you. 10 All right. Beverly Schuck. 11 MS. SCHUCK: My name is Beverly Schuck, and 12 I live at 719 Margaret Drive. I'm a ten-year resident 13 of Kerrville. This is my very first experience, I don't 14 even have face recognition with you gentlemen, but I'm 15 delighted to be here. 16 We came to Kerrville because we liked it the 17 way it was. There was enough here to keep everybody 18 happy and satisfied, even though there are some 19 businesses along route ten, your entrance we still have 20 this beautiful green mountain side to look at. I'm here 21 ten years, and in 35 years this is the 43rd place that 22 my husband and I have had a chance to stay due to his 23 work. He is in construction, architectural mill work 24 and we've traversed the country probably well over a 25 million miles, lived in numerous states. My -- I don't 56 1 have an expertise on construction and whatever, but I do 2 have mall expertise, strip malls, big malls. And what I 3 have noticed is there's a lot of vacancies. I go to La 4 Cantera because I go to the Apple Store a lot, because 5 I'm technically challenged. And they have vacancies. 6 We went to find another store the other day, my husband 7 and I a few weeks ago, and on our way to it we passed 8 through another mall, vacancies. 9 Kerrville has a lot of vacancies. These 10 businesses want to come in, what about our Schreiner 11 building? Redo the new Hastings vacancy that's coming 12 up. There's a theater that closed when we arrived on 13 the Plaza. Why don't we fix up what we have. None of 14 these stores that they propose coming in will make me 15 stay away from San Antonio. Because I like Trader 16 Joe's, Costco, Whole Foods. I agree with all you 17 gentlemen that there's just enough -- I don't think 18 there's enough people in this town. They're going to 19 stop there, they're going to not go beyond that. 20 They're going to take away from businesses, businesses 21 who didn't get possibly tax breaks, families who have 22 been here for awhile, lovely charming little stores. 23 They're going to see more vacancies. I'm against it. 24 I've learned something in my lifetime that 25 progress doesn't necessarily mean improvement. Mr. 57 1 Pollard -- isn't it? 2 JUDGE POLLARD: Uh-huh. 3 MS. SCHUCK: You said if successful. 4 JUDGE POLLARD: Yes, Ma'am. It may not be. 5 It might end up having vacancies, but he's taking that 6 chance; not us. 7 MS. SCHUCK: I think if they're so good at 8 this and so wealthy he should pay it all and not worry 9 about any tax incentives or tax breaks. They'll be -- 10 the other thing is going to be the heat index from all 11 that asphalt when we're hot weather, light pollution. 12 And has anybody considered the impact on water? 13 So I thank you for listening to me, but I'm 14 against it, and if they want to build this go someplace 15 else. I see a lot of -- I also see traveling certain 16 routes constantly you'll see malls that now have chain 17 link -- excuse me chain link fences around them and full 18 of debris because they've closed up. And a lot of weeds 19 growing up through the asphalt. 20 I like Kerrville the way it is, and I'd like 21 to stay here. I'm not a born Texan, but as the saying 22 goes, I got here as fast as I could. 23 JUDGE POLLARD: Thank you, Ma'am. 24 MS. SCHUCK: Thank you. 25 JUDGE POLLARD: All right. Marie -- 58 1 somebody here. Marie Brown. 2 MS. BROWN: I'm Marie Brown. I live at 916 3 Barnett Street, I've been here 12 years. I have like 4 this lady have lived a lot of different places 5 throughout the Unites States. I'd like to first thank 6 the Commissioners for holding such a wonderful open 7 meeting. Democracy is not tidy; it's messy, and thank 8 you. 9 I don't like to find out everything from the 10 paper, even though I compliment the paper. I am not all 11 together opposed to the Gateway Mall. But I would 12 resort -- like you to resort to your imagination and 13 turn your thoughts to the River Hills Mall. A 14 revitalized existing mall which is -- as I have it in 15 the last ten years, and as I've lived here, is dying by 16 degrees. Why? Not enough people, not enough people to 17 serve the people because the people don't come. Okay, a 18 circular thing. It has good parking, and many people 19 cross the river from here to shop at HEB and work in our 20 wonderful various medical buildings. 21 Imagine one or two popular restaurants going 22 in by tax forgiveness. The same as you are giving to 23 the -- proposed to give to the Gateway Development. The 24 same is to that maybe a good book store, one, and 25 hardware store, another one, and give this forgiveness, 59 1 too to a few of the stores existing there. They could 2 refurbish and develop their existing sites with the 3 money saved. This might not bring into town transient 4 developers and builders and customers off highway ten, 5 but it would be essentially convenient for folks who 6 already live here and work here. 7 Yes, there wouldn't be any box stores and no 8 questionable building in a possible floodplain, but you 9 would have saved something that has served us for many 10 years. Maybe it would be like many of us getting a 11 little old and shabby, but a little attention always 12 brightens us up and keeps us going longer. 13 JUDGE POLLARD: Thank you, Miss Brown. 14 Truman Martin. 15 MR. MARTIN: Well, Judge Pollard and 16 Commissioners, thank you for the opportunity to speak 17 today. Everywhere I go in Texas people ask me where I'm 18 from and I'm very proud to say I'm from Kerrville, 19 Texas. And you know I almost always get a favorable 20 response, I know where Kerrville is, it's a wonderful 21 place. The hills, the beauty, you know, the atmosphere, 22 and they often will mention businesses. One of the most 23 prominent is Avery, and some of them mention Mooney, and 24 some mention Gibson's. Because you know I had a guy 25 said you know, I have a hunting lease there, and I had 60 1 some problems, you know, with my property, and I went 2 everywhere, and finally I went to Gibson's and they 3 helped me. 4 And so there's -- there's a certain 5 uniqueness to, you know, living here and being here. 6 Although I do agree with the Gateway developers that we 7 do need a larger tax base. I agree with Commissioner 8 Reeves we do need a larger tax base. 9 But as Mr. Buell pointed out, you know, it 10 doesn't need to be retail. And also I think Judge 11 Pollard said if this is successful, and you know, and 12 that there's a question, you know we -- beware of these 13 pro forma's and these studies are done by people that 14 have a vested interest in the project one way or the 15 other. And because you -- you know, who knows what's 16 going to happen in the next ten years. 17 My Commissioner is Tom Moser, and so 18 Saturday I sent him an e-mail and said Dear Tom, I read 19 in the Kerrville Daily Times weekend edition the 20 Commissioners' Court will be hearing a presentation on 21 the Gateway proposal for the retail center. That in my 22 opinion, the only thing worse in having a subsidized 23 retail center, and it is subsidized. I mean, you know, 24 that 75 percent is -- is there. And like Mr. Buell 25 said, and one of the other speakers, the developer could 61 1 pay it all, and could pay it all up front. But I 2 realize that's not the way business is done today. But 3 maybe it's the way business oughta be done. 4 And -- but you know, an unsuccessful venture 5 like this, they do happen. Down in Hillsboro they have 6 an outlet mall. And when it first went in it was very, 7 very successful. If you look at it now, it's about 30 8 percent occupied. And you know, that's not what we 9 need. There's no assurance that, you know, that 860 10 million dollars and new revenue will, you know, take 11 place. But risk is always here. 12 When the mall opened, the original mall they 13 had that K-Mart store where Belk's is now located, we 14 had Kay Jewelry store, Zales Jewelry store, a cafeteria, 15 and other businesses that are no longer there. I also 16 heard our bookstore Hastings is about to close. And I 17 think, you know, the man who spoke from Gulf Coast was 18 right, it's their business plan was the problem. 19 And I also remember that our community 20 petitioned a cafeteria to come here, and they did, but 21 they're no longer here. They were very successful when 22 they initially came. And in fact they added on to their 23 dining facility, but it's now gone and it's now occupied 24 by the Salt Group. So you know businesses come and 25 businesses go. And not all of the businesses that come 62 1 here that they bring in, whether it's an Academy or 2 whoever it is, will be successful. I think bringing 3 additional low income jobs into this market, especially 4 subsidizing the developer to get them here does not make 5 good economic sense. 6 And you know, we need to dance with what 7 brung us here, and what brung us here was the 8 desirable -- desirability of this community. And it's a 9 wonderful place, and do I want to increase the tax base. 10 But in my opinion retail is, you know, not the way to do 11 it. We'll never be able to compete with San Antonio in 12 attracting businesses to our community. With the proper 13 focus and marketing we may be able to compete with 14 Fredericksburg for destination tourism. Kerrville 15 Economic Development Corporation made the right decision 16 in 2014. Investing in low paying retail businesses is a 17 poor use of resources. Thank you. 18 JUDGE POLLARD: Thank you, Mr. Martin. All 19 right. Those are the only ones that registered to come 20 up and talk -- 21 MS. HARTER: I did. 22 JUDGE POLLARD: Is there another one that 23 wishes to -- oh, you've got another form. 24 MS. HARTER: I turned it in. 25 JUDGE POLLARD: Let this gentleman come 63 1 forward. 2 MAN: Let her go first. 3 JUDGE POLLARD: Okay. 4 MS. HARTER: Thank for your the opportunity 5 to talk today, and I think all of us here who want to 6 make a comment really appreciate that. I'm Kay 7 Harter -- 8 JUDGE POLLARD: Your name and address first, 9 please. 10 MS. HARTER: I'm Kay Harter, I live at 520 11 Fairway Drive. Kerrville's been my hometown for four 12 years now and I've been coming here all my life. I grew 13 up in Corpus Christi and my family always vacationed 14 here, I went to camp here, and as an adult I've been 15 coming here almost every year from Florida where we 16 retired from. So I feel very familiar with Kerrville 17 and I love it, I love it like it is, and that's why we 18 chose it. 19 And we've talked to so many people that have 20 moved here maybe in the last ten to fifteen years, and 21 they've chose it for the same reason that my husband and 22 I chose it. They come through here in their RV, or they 23 come looking for maybe a place to settle, and they love 24 that it's a small town, with friendly people, fairly low 25 crime rate, there's a nice university, it's beautiful. 64 1 For us it would be outdoor opportunities. People come 2 here to ride motorcycles, to ride their bikes, to kayak, 3 to hunt and fish; they don't come here to shop, okay, 4 they don't. San Antonio's right there. If you like the 5 touristy little town Fredericksburg's right there. They 6 can live there, we could live there, but we don't want 7 to live there. We want to live in Kerrville because of 8 what it is, we love it for what it is. 9 I feel like that we're not here to talk 10 about fixing up the mall that we have, because these 11 gentlemen want to build on their property. And I feel 12 like I'm talking against a big ocean because I feel like 13 y'all have dollar signs in your eyes, and I understand 14 that. You want what's best for Kerrville, and you feel 15 like there's a burden on the taxpayer. Let me just say 16 this. I talked to the Chamber of Commerce last week to 17 get some demographics because I wanted to see if what I 18 thought was true. And I can't offer a lot, but what I 19 did find out when I talked to Julie there was this, out 20 of all of Kerr County 20 percent is 62 or older. Out of 21 all of Kerr County almost 20 percent -- I think it was 22 17 percent have an annual income of a hundred thousand a 23 year or more up to millions. Okay. These people can 24 live a lot of different places. They want to live here 25 because of what it is; not because there's a Hobby 65 1 Lobby, or an Academy. We can drive to that, we do drive 2 to that and it doesn't take very long. And so these 3 men, and I think they mean well and they have a lot of 4 money and they can do good for retail, and they have a 5 right to build on their property, but I don't want urban 6 sprawl, I don't want big box stores. If I wanted that I 7 could go live there. 8 So I'm just encouraging you to please 9 consider a big -- a big number of residents here who 10 feel like I do. I've talked to all of my neighbors that 11 I can about it in River Hills, that's where I live, and 12 they feel the same way I do. And you know you're 13 talking two things more, they talk about jobs. Every 14 place I went last week I saw "now hiring" signs, 15 Walmart, Starbucks -- I can't remember where all I went. 16 Anyway, the jobs are there. Maybe not thousands of jobs 17 but jobs are there wanting people to fill them. 18 I recently heard through Bruce McKenzie, the 19 Airport Manager, talk about people who fly their private 20 planes in here and private jets. They bring a lot of 21 money into Kerrville. They not only refill their 22 airplanes, but they spend it on caterers and supplies 23 for their ranches, and to put on parties, and to go 24 hunting and fishing. So they come here because they 25 like Kerr County the way it is, not because to shop. 66 1 They don't come here to shop. 2 So just please take that into consideration, 3 and I encourage you to consider the quality of life that 4 we have, it's a wonderful place. Thank you very much. 5 JUDGE POLLARD: Thank you, Ma'am. 6 Sir. Robert Namon, is that correct? 7 MR. NAMON: Yes, Sir, Robert Namon, 1800 8 Glen Road. I actually brought Truman Martin's house 17 9 years ago. So born and raised in Houston, I spent 27 10 years in Austin, I have been here 17 years. I'm not 11 going to go over it, because this is very redundant I'm 12 sure with what's already been said. And I'm not 13 necessarily -- I can make a case for or against this 14 project. I spent 32 years as an investment advisor and 15 I can take either side of this and win. And so I 16 understand the real estate developer, construction 17 company marketing experts and that's their job, and I 18 don't have any problem with them out here doing their 19 job. 20 I just want to reiterate that I just -- the 21 questions you have to ask yourself, in which I think 22 you're trying to do, is how will it affect the character 23 of Kerrville. How will this project how will it affect 24 the local business owners already been discussed. What 25 is the function of tax policy for government, any 67 1 government, whether it's the County or the City or the 2 State or the Federal government. That what the use of 3 tax policy is is to direct the economic and social 4 development, that's a decision you have to make. Is the 5 marketing analysis correct. Is it a value in light of 6 the growth between Boerne and San Antonio. If you take 7 that circle of growth, that marketing circle and you 8 move it 30 miles to the east, what you have is another 9 five to seven hundred thousand people in that circle. 10 So you have to ask yourself are they going to come here 11 to build or they going to build the next big mall in 12 Boerne so that they don't have to go to San Antonio. 13 And if they do build it in Boerne then it shortens 14 our -- anybody who wants to go -- leave Kerrville to 15 shop. So I think that's important to ask yourself that, 16 and I don't know what the answers are. 17 And finally -- not finally, but about the 18 jobs, I think it is fair to say that there are lots of 19 jobs for restaurants, fast food restaurants, sit down 20 restaurants, retail, open right now, and you're talking 21 about bringing in lower income people, so how is it 22 going to affect the infrastructure with the rest of the 23 community. We're going to need more police, more fire, 24 more more EMS, we're going to need to build another 25 school, we're going to need more low income housing. 68 1 These are all questions that follow from this project. 2 So it's not just simply do we have this project and that 3 cuts off. But what are the possible issues that will be 4 raised in the future. 5 And finally, I just say that we have to make 6 sure these marketing assumptions are correct. Because I 7 mean people in marketing and advertising make their 8 living trying to get other people to buy things they 9 don't necessarily need, you know, that's just a fact of 10 life. And so what we don't need is an empty outdoor 11 mall at the gateway to the City of Kerrville, and thank 12 you very much. 13 JUDGE POLLARD: Thank you. Ward Jones. 14 COMMISSIONER BALDWIN: He's out in the hall. 15 COMMISSIONER REEVES: Yeah, he was just 16 wanting to make some general comments but -- that we 17 never got to. 18 COMMISSIONER LETZ: We skipped over them. 19 COMMISSIONER BALDWIN: Here he comes. 20 MR. JONES: Good morning, Judge, 21 Commissioners. I think I'm probably in the wrong place 22 because I wanted to talk about something totally 23 different. So I'll -- 24 JUDGE POLLARD: That's okay, go ahead. 25 MR. JONES: I'm here to announce and ask you 69 1 to participate in two chamber events that are coming up. 2 One is being held at the Youth Event Center, the County 3 Youth Event Center on the 5th and 6th of August and that 4 will be the Chamber business expo where there will be 5 over 80 businesses around Kerrville and Kerr County 6 exhibiting what they do to the public. We're also going 7 to have a first Friday wine share the first evening of 8 the expo there. We also will have a major antique car 9 show. There will be things for the kids, including 10 bouncy houses, and this is one I hadn't heard of before, 11 live horse painting, etc., etc. The show will be open 12 from ten until six on Saturday, and we expect several 13 thousand area residents to come through. So we'd 14 appreciate your coming out and saying hi to the 15 businesses and saying hi to the participants. 16 The second thing is on September 15th the 17 Chamber will be holding it's 94th banquet. And we've 18 changed up the whole tenure of the banquet, it is now 19 going to be called the Chamber Choice Awards, it will 20 have a Hollywood style, we will have red carpet, 21 interviews, photographers, etc. etc. It's going to be a 22 lot of fun. And we'd love to have the County's 23 participation in that as well. And that's what I had to 24 say. 25 JUDGE POLLARD: Thank you very much. 70 1 All right. Is there anybody else that wants 2 to speak in this public portion. Yes, Ma'am. 3 MS. CARSON: Hi, my name's Suzanne Carson, 4 531 Saddlewood Boulevard. I am a proud member of 5 Buster's Number 1 Precinct. 6 COMMISSIONER BALDWIN: That a girl, that a 7 girl. 8 MS. CARSON: I just want to say that every 9 single person that stood up here and said something is 10 right on. I agree 100 percent with every single one of 11 you who said what you said. I am so proud to be a part 12 of Kerrville and Texas. I just came back from two weeks 13 in California and believe me, I am so glad to be here 14 with no box stores greeting me when I drive in on 508. 15 So thank you very much, gentlemen. I hope that you give 16 very strong consideration to the reason that we are all 17 here, and that is not to have Target and Hobby Lobby and 18 any other big store greeting us when we come in. Thank 19 you. 20 JUDGE POLLARD: Anyone else? Yes, Sir. 21 MR. CARROLL: My name is Ronny, I live at 22 3577 La Coubre. I was a home builder in Houston for 39 23 years, and I built in some of the largest master planned 24 communities by the leading developers in the United 25 States. I saw shopping centers come, I saw shopping 71 1 centers go. And usually when a shopping center comes, 2 another shopping center goes. And I think that's what's 3 going to happen in Kerrville. They can't build that 4 much square footage of a retail space out there without 5 vacancies in Kerrville. And the entrepreneurs like this 6 gentleman who've been here forever, the County, the 7 citizens, need to support them, needs to support their 8 life style. Because I think the important thing is the 9 quality of life we have in Kerrville. 10 One other thing, and I don't know if this 11 would be appropriate for me, but maybe Judge Pollard 12 could ask the gentlemen if they have secured their 13 construction financing for the project? 14 JUDGE POLLARD: Have they? 15 MR. VINEYARD: Yes. 16 JUDGE POLLARD: Yes. 17 MR. CARROLL: Thank you. 18 JUDGE POLLARD: All right. Anyone else? 19 MR. LAMBERT: Yes, Sir. My name's Clayson 20 Lambert, I live the 673 Town Creek Road. I figure we 21 need a little balance up here because it appears that 22 the sky is falling, and I agree with many of the ladies 23 and gentlemen here today that have spoken about the 24 bizarre demographics of Kerrville. The weird ideas that 25 somebody moved here because they didn't want to be in a 72 1 City without a shopping center like that, or they moved 2 here because they wanted to move to a City that would 3 never change. I'm aware of a large number of people 4 here that moved to Kerrville and they don't want it to 5 change. Hell, I wish they hadn't have torn down the 6 Blue Bonnet Hotel. I was here and watched the bulldozer 7 fall into the basement of the Kellogg Building when they 8 were tearing it down, and I wish all those buildings 9 were still here. I wish they hadn't town down the house 10 over there by BCFS. But the fact is you can stand on a 11 train track with a train coming at you at 90 miles an 12 hour that's called -- progress may not be the right 13 word, but advancement and change. And you're just going 14 to get run over. All you can do is to lay those tracks 15 in the right direction, the direction that you think is 16 positive. 17 With regards to the labor force here, you 18 are not going to attract any large commercial concerns 19 because we don't have a highly skilled labor force here. 20 You're not going to bring them in. They've tried to 21 bring them in for years, they're not here. There's 22 people here that raise families and they're upset 23 because they don't have that. Their kids are going to 24 move away someplace and they're probably not going to 25 come back to Kerrville, and that's a shame, but it's the 73 1 way it is. 2 Now I've heard also for years I wish we 3 could do what Fredericksburg could do or did. Well 4 we'll never do that. We're never going to be a 5 Fredericksburg, and I think a lot of us understand that. 6 But we have two things to our advantage, we have a 7 river, we can do a lot more with that, and we have major 8 interstate highway. And if we can use that asset to 9 bring in more commercial taxes to help offset this weird 10 demographics that we have here, it's probably going to 11 be a good thing. 12 I don't think these folks probably have a 13 bunch of shopping centers that they've built that have a 14 huge amount of vacancy in them. 15 Do you know what you're vacancy rate is at 16 this point? 17 MR. WALKER: We -- we have good shopping 18 centers that are well occupied. 19 MR. LAMBERT: They're not going to invest 20 all of this money to put together a huge building and 21 shopping center that's -- that's not going to be 22 populated. So I can see both sides of the argument, but 23 the fact is change is inevitable, growth is inevitable, 24 and sometimes we just to have lay the track in the right 25 direction and not stand in front of the train. 74 1 JUDGE POLLARD: Thank you, Sir. Anybody 2 else? Yes, Ma'am. 3 MS. BENNIGHT: My name's Lauren Bennight, 4 currently living at 119 Contour Drive. I moved to 5 Austin for a little bit and came back. I like 6 Kerrville, I was born and raised here, I have all my 7 family here. And that there is a lot of people who I 8 want to stay here with. The biggest problem that I'm 9 seeing right now is people are mentioning vacancies. We 10 do have tons of vacancies. Our mall is not in the best 11 place that it's been. We've got tons of open centers 12 but nobody is addressing why we have all those openings. 13 I've seen no effort on the mall's part to try and get 14 those filled. I contacted them because we're looking up 15 for opening up a business. And I had to actually go and 16 contact someone for an updated plan because their site's 17 not updated, they're not advertising, they don't have 18 any of that. So that's kind of what a lot of other 19 local businesses existing. 20 But I mean, as far as Kerrville growing, we 21 are getting new people. I spend a lot of time at 22 Cracker Barrel, I work there part time, and just in the 23 past week I've gotten almost seven families saying 24 they're moving from California, they're moving from 25 Florida, so we are getting a lot of new people. But for 75 1 me, I am tired of going to San Antonio, tired of going 2 to Fredericksburg, tired of going to all these other 3 places. I want to do my business here, and I think a 4 lot of other people do. And actually, I recently 5 started a petition and in just a couple of days we've 6 already received 500 signatures, and we have a lot of 7 support for it. Give me more time and I can probably 8 get the 25 percent of our population to show that 9 support. 10 JUDGE POLLARD: Thank you, Ma'am. 11 Anybody else? 12 MR. STRACKE: I just have a question. Bruce 13 Stracke, 821 Earl Garrett. I just had a question. 14 There are, as Jonas mentioned, at least three other 15 sites in town that are being considered for this kind of 16 development. This agreement that you are entering into, 17 it's not an exclusive agreement, right? Other 18 developers can come? 19 JUDGE POLLARD: Certainly not. 20 COMMISSIONER LETZ: No agreement either. 21 We're just saying that we'll talk to you. 22 MR. STRACKE: I'm just making sure it's not 23 exclusive. 24 COMMISSIONER LETZ: No. 25 MR. STRACKE: Thank you. 76 1 JUDGE POLLARD: Anybody else? All right. 2 Then I declare this subject matter closed and we'll move 3 on to something else. 4 COMMISSIONER BALDWIN: We gotta vote. 5 JUDGE POLLARD: All right. Yes, let's have 6 a vote on the motion. Those in favor of the motion 7 signify by raising your right hands. Those opposed -- 8 it's four zero, it passes. 9 All right. Move on to the next one. 10 COMMISSIONER BALDWIN: Judge, actually I 11 have a comment to make. 12 JUDGE POLLARD: Go ahead. 13 COMMISSIONER BALDWIN: The -- I just wanted 14 our new committee that's going to do the study, you 15 know, that you're going to talk to Mr. Titus and get all 16 of his information, and I appreciate you doing that. 17 You know that the Bible talks about there's safety in 18 many counselors. That means that you would welcome any 19 kind of input from the community, and particularly those 20 people that pay for this kind of stuff, to make your 21 decisions. And I would hope that you would pay 22 attention to these people that spoke here today as well 23 as others that call you late at night. 24 COMMISSIONER LETZ: I agree. I just want to 25 make a general comment along those same lines. That you 77 1 know I'm not necessarily in favor of it, or not in favor 2 of it. There's a lot of questions that need to be 3 answered. And I think that you know, I'm not doing my 4 job or we're not doing our job if we don't pursue 5 opportunities. And may or may not be a good thing. I 6 talked to Harold, and if I don't Harold will talk to me. 7 So I agree with what you said, Commissioner. 8 JUDGE POLLARD: You have any further 9 comments, Bob? 10 COMMISSIONER REEVES: Once again I let 11 everybody talk, you're right we're not doing our job if 12 we don't look at every avenue that will enhance this 13 County. 14 Could we have a break, Judge? 15 JUDGE POLLARD: Yes. Ten-minute break. 16 (Break) 17 JUDGE POLLARD: Folks, the ten minute break 18 is over, we're going to resume again. Everybody come 19 back into the courtroom. 20 We're going to consider item 1.2 on the 21 agenda. Mr. Baldwin. 22 (Off the record.) 23 COMMISSIONER BALDWIN: I helped raise that 24 lady. 25 JUDGE POLLARD: I think it was the other way 78 1 around. 2 COMMISSIONER BALDWIN: Well, a little bit. 3 JUDGE POLLARD: Item 1.2 on the agenda. 4 Consider, discuss and take appropriate action regarding 5 reclassification of a position within the Road & Bridge 6 Department from administrative assistant to 7 administrative clerk and fill approved budgeted position 8 as requested starting at a pay grade 16. All four 9 precincts involved. Kelly Hoffer. 10 MS. HOFFER: We have an open position that 11 was administrative assistant position but through the 12 reorganization we would like to create an administrative 13 clerk position and change it from an 18 to a 16. 14 There's a current position that was budgeted at an 18, 15 but we'd like to classify it at 16, and change the title 16 and get permission to fill the position. 17 COMMISSIONER LETZ: Move for approval. 18 COMMISSIONER BALDWIN: Second. Before she 19 changes her mind. 20 JUDGE POLLARD: Been moved for approval of 21 item 1.2. The motion was made by Commissioner Letz and 22 seconded by Commissioner Baldwin. The motion is to 23 authorize the administrative assistant -- administrative 24 clerk as budgeted -- as budgeted and requesting a pay 25 grade of -- starting at a pay grade of 16. Is there any 79 1 further discussion or comment about the motion? 2 There being none those in favor signify by 3 raising your right hands. It's four zero, unanimous. 4 Item 1.3 consider, discuss and take 5 appropriate action to set a public hearing for September 6 26th, 2016 at 9 a.m. for the Court to consider, discuss 7 and take appropriate action regarding the revision of 8 plat for tracts 1A and 1B of Bluff Creek Ranch 9 Subdivision, plat record volume 7, page 92, that's in 10 Precinct 2. Is there a motion? 11 COMMISSIONER LETZ: So move. 12 COMMISSIONER REEVES: Second. If it's okay 13 with Commissioner 2. 14 COMMISSIONER MOSER: I third. 15 JUDGE POLLARD: Who made the motion? 16 COMMISSIONER MOSER: Jonathan. 17 JUDGE POLLARD: All right. Jonathan Letz 18 made the motion, seconded by Commissioner Reeves to 19 approve a setting of public hearing for September 26th, 20 2016 at 9 a.m. at which time the Court will consider, 21 discuss and take appropriate action regarding the 22 revision of plat, tracts 1A and 1B of Bluff Creek Ranch 23 Subdivision, plat record volume 7 page 92. Is there any 24 further discussion or comment -- questions or comments? 25 There being none those in favor signify by raising your 80 1 right hands. It's four zero, unanimous. 2 Now we jump down to 1.5 consider, discuss 3 and take appropriate action to set a public hearing for 4 September 12, 2016 at 9 a.m. for the Court to consider, 5 discuss and take appropriate action regarding the 6 revision of plat for lot 23 of Ingram Hills Subdivision, 7 plat record volume 3, page 149. This is in Precinct 4. 8 COMMISSIONER REEVES: You want this one, 9 Number 2? 10 COMMISSIONER MOSER: So move. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE POLLARD: Been moved by Commissioner 13 Moser, seconded by Commissioner Baldwin to set a public 14 hearing for September 12th, 2016 at 9 a.m. at which the 15 time the Court will consider, discuss and take 16 appropriate action regarding the revision of plat number 17 23 of Ingram Hills Subdivision, plat record volume 3, 18 page 149. Is there any further comment, questions? 19 COMMISSIONER LETZ: Charlie's -- I'll just 20 wait. I have questions on this one, but I'll wait until 21 Charlie -- 22 COMMISSIONER REEVES: Mr. Voelkel's here, 23 been working on it. 24 COMMISSIONER LETZ: I may have already 25 looked at it once. 81 1 JUDGE POLLARD: Go ahead. 2 COMMISSIONER LETZ: So what -- you're taking 3 a large -- what's the -- can you explain what we're 4 doing here. I know we're making a bigger lot and making 5 a small lot, but that small lot's pretty small. 6 MR. VOELKEL: Well, there's a public water 7 supply. They're already two houses and they've just 8 redone their -- on the smaller house, the original 9 house, Lance Keune -- has already been leased and 10 they're trying to buy it. And we had to put -- they had 11 to rip out the old existing septic system. I don't know 12 that it was failing, but it just wasn't permitted. So 13 they went through that with environmental health got all 14 that done. Already served by water and sewer with the 15 septic, and electricity there. It's just creating two 16 tracts so they can own their tract. 17 COMMISSIONER REEVES: When it says water, 18 it's an aqua source -- 19 MR. VOELKEL: It's public water. 20 COMMISSIONER LETZ: That was my question. 21 JUDGE POLLARD: All right. Any further 22 questions, comments? There being none, those in favor 23 signify by raising your right hand. Four zero, 24 unanimous, it passes. 25 1.6. Consider, discuss and take appropriate 82 1 action to designate Judge Susan Harris as a 2 representative of the Kerr County Court at law to the 3 Kerr County Bail Bond Board under section 1704.053(4) of 4 the Occupation Code. Tracy. 5 MRS. SOLDAN: Good morning. Under the 6 Occupation's Code, it gives you a board composition for 7 a bail bond board, however for the County Court at Law 8 and the County having jurisdiction over criminal matters 9 that representative has to be designated by the 10 Commissioners' Court to be on the board. Judge Harris 11 and I have spoken, and she's okay with that. And so 12 we're bringing the matter to you to designate her to be 13 on the Board. 14 JUDGE POLLARD: It's certainly appropriate, 15 I think, because she does handle all the criminal 16 misdemeanors. 17 COMMISSIONER BALDWIN: So move. 18 COMMISSIONER MOSER: Second. 19 JUDGE POLLARD: Been moved by Commissioner 20 Baldwin, seconded by Commissioner Moser to appoint Judge 21 Susan Harris as a representative to the Kerr County Bail 22 Bond Board under Section 1704.053(4) of the Occupation's 23 Code. Any further comments or discussion, questions? 24 There being none, those in favor of the motion signify 25 by raising your right hand. It's four zero, unanimous. 83 1 1.7 consider, discuss and take appropriate 2 action to approve nomination committee selection of a 3 County employee to participate in the Kerr County 4 leadership class of 2016 and '17 and submit an 5 application to the Kerrville Chamber of Commerce. Tracy 6 Soldan. 7 MS. SOLDAN: At the last Commissioners' 8 Court meeting, I asked for permission to go out and ask 9 for applications or people that were interested to be 10 nominated. Dawn and I did receive two applications, and 11 we feel that they are both extremely qualified and would 12 be good representatives of Kerr County. We couldn't 13 come to an agreement on who to vote for so we approached 14 both of the candidates. They both have enough money in 15 their training budgets this year to cover at least half 16 of the tuition, and then we have the full amount of 17 tuition already set aside and approved. So we feel like 18 we would like to nominate both to the leadership program 19 this year. They could cover half of the -- 20 JUDGE POLLARD: So it won't cost the County 21 any more than sending one. 22 MS. SOLDAN: Exactly. 23 COMMISSIONER MOSER: Who is it? 24 MS. SOLDAN: It's Kelly from Road and Bridge 25 and Ray Garcia from Environmental Health. 84 1 COMMISSIONER MOSER: Moved. 2 COMMISSIONER REEVES: Second. 3 JUDGE POLLARD: Been moved by Commissioner 4 Moser, seconded by Commissioner Reeves -- well, you want 5 to name them in the motion? That we approve the 6 selection of the nominating committee for two employees, 7 Ray Garcia and Kelly Hoffer, to participate in the Kerr 8 County leadership class of 2016 and '17, and to submit 9 application to the Kerrville Chamber of Commerce, and at 10 cost as you described. 11 MS. SOLDAN: Right. 12 JUDGE POLLARD: The cost of same as you 13 described. All right. Any further question or 14 comments? There being none, those in favor of the 15 motion signify by raising your right hand. 16 COMMISSIONER BALDWIN: Oppose. 17 JUDGE POLLARD: You're opposed? 18 COMMISSIONER BALDWIN: Yes, Sir. I'm not 19 opposed to the two people, but I'm opposed to the 20 participating in the program. 21 JUDGE POLLARD: Okay. So it passes three to 22 one, all right. 23 All right. 1.8 consider, discuss and take 24 appropriate action regarding changes to Kerr County 25 employee voluntary benefits package for 2016 and '17. 85 1 Dawn Lantz. 2 MRS. LANTZ: Good morning, Judge, 3 Commissioners. We're going to have a few changes to our 4 voluntary supplement package for our open enrollment 5 this year. And today Terri Perez with SWBC is here to 6 explain. It's actually going to save the employees some 7 money. We found some rate changes that will benefit the 8 employees so I'm going to turn over to her to explain 9 what our change is going to be. 10 COMMISSIONER MOSER: This is the changing as 11 to what, Dawn? 12 MRS. LANTZ: Voluntary benefits for our 13 employees on open enrollment. Like our cancer, 14 accident, and voluntary life products. 15 MS. PEREZ: Good morning y'all. 16 JUDGE POLLARD: Thank you, and welcome to 17 the circus, sorry you had to wait so long. 18 MS. PEREZ: It was okay. 19 JUDGE POLLARD: It was entertaining I hope. 20 MS. PEREZ: Well, I learned a lot. Okay. 21 Well, thank you and good morning. I appreciate your 22 time this morning. So what we we're going to do is 23 we're going to go ahead and jump right on in. I 24 understand and I'm trying to respect everybody's time 25 here today as well. 86 1 In your folder you have the two sides, on 2 the left side we have the spread sheet, because I'm sure 3 you haven't seen enough spread sheets today, so we're 4 going to look at a few more. On the left side is just 5 to backup some more on the flow on the spread. 6 So the first sheet basically a summary, it's 7 going to tell you what is included within the analyses 8 of medical, dental, currently you have that through TAC. 9 So you've got that procedure going on as well. Miss 10 Dawn I'm sure has taken care of that for you. 11 The vision, the base life, vol. life, 12 disability and supplemental are what we're going to go 13 over today. So your vision your current vendor is 14 Avesis, so I've obtained some additional quotes from 15 them. They did renew as is with your current plan 16 design, but we were going to introduce a based buy-up 17 option for the staff, give them a little bit more 18 option, little bit more buying power to be able to do 19 that for them. 20 But technically the program that you have 21 today did renew as is with no increase, so if you leave 22 it alone and don't do anything there is no impact to 23 you, okay. 24 Basic life insurance, voluntary life 25 insurance, short term and long term disability, all sit 87 1 with the same carrier, which is Metlife. They did 2 pretty much renew all products lines as is with no 3 increase or impact to the employee. The basic life and 4 AD&D, there was a small impact, a small increase, and 5 that is Kerr County dollars, so we did make note of that 6 in here as well. 7 Supplemental currently you have Guardian. 8 We did -- that out to Allstate and Transamerica, so 9 we've got some information in there as well. The next 10 sheet bottom right hand, I did right in the page numbers 11 on the bottom, so this is your vision options for this 12 coming plan year. The first column right here -- 13 COMMISSIONER MOSER: What page number? 14 MS. PEREZ: 2. It's the very next sheet. 15 So the very first column you have listed here is this 16 current renewal on the top in the green section, that's 17 what you have today, if you don't do anything else this 18 is basically the same program you've got today. 19 The second set of information, the second 20 column on the top it sales 50/130. This is a little bit 21 of an enhancement to today's program, so we were 22 thinking about doing away with the current and taking 23 that next little plan and making it the base. The cost 24 is $8.11 per employee per month. And the rational is 25 pretty much everyone on the Board wear glasses. The 88 1 cost for the lenses on the base plan that you have 2 today, the lenses are what really triggers a lot of out 3 of pocket share for the employee. So because everybody 4 does wear glass we know that when we go in, we're 5 thinking it's going to be 10 dollars plus 25 dollars, 6 get out of there paying 35 dollars, all of a sudden it's 7 150, 200, 300. So we're trying to put a plan in place 8 where the employee could actually pay bit less for those 9 glasses. 10 The last two options -- again we're looking 11 at a base and buy-up type format for this coming year. 12 Could actually select from one of the two options there 13 as well. That makes the employee's dollar go a little 14 bit further, because it reduces the copay for the 15 material, so currently it's 25, it would reduce it to 16 ten. So in theory you could walk in, pay 20 dollars for 17 both your examine and a nice pair of glasses, and have 18 more options available. So you would actually get 19 polycarbonate, scratch resistant, UV coverage, tint, and 20 reflective and progressive lenses included in those ten 21 dollars. And that would be a standard add-in value for 22 actually taking one of these two plans at the end. So 23 that's kind of why we're thinking of kind of doing a 24 base and buy out. So for those folks that really want 25 to go out and purchase glasses every single year you can 89 1 do that and actually have a little bit more bank for 2 your buck. Glasses are expensive so we're just trying 3 to help employees stretch their dollar more. Okay. Any 4 questions on this one? I know it's a little busy. 5 COMMISSIONER BALDWIN: When does this change 6 go into affect? 7 MS. PEREZ: If you decided to make a change 8 and you determine that now or at your next session, it 9 would be this next plan open enrollment so October the 10 first. 11 COMMISSIONER BALDWIN: Thank you. 12 SHERIFF HIERHOLZER: Is this a change the 13 Court has to make, or is it the employee's going to get 14 the options when they enroll? 15 MS. PEREZ: We're trying to set it up so if 16 the Court would select two plans of the four listed, and 17 then as an employee you can pick and choose which one 18 you want. So kind of gives you that second option. So 19 if you wanted to pay a little bit more and get more bank 20 your dollar you go with the higher one. If you're okay 21 with what you have today and pay more out of pocket cost 22 for your standard lenses, that's okay, you can do that, 23 too. 24 COMMISSIONER MOSER: So we would select two 25 out of the four? 90 1 MS. PEREZ: Uh-huh, yes, Sir. 2 COMMISSIONER MOSER: And why would we select 3 two out of the four, why couldn't we have just all four? 4 MS. PEREZ: Because it's a two maximum. You 5 have to pick one or two out of the four. 6 COMMISSIONER MOSER: Okay. Good enough. 7 MS. PEREZ: Or you could go with just one. 8 COMMISSIONER MOSER: No, No. Two maximum. 9 You answered the question. 10 COMMISSIONER LETZ: A question. You look 11 down below the employee only, employee spouse and 12 employee child. If the employee is only -- if it's just 13 an employee only and that employee then add employee 14 children -- 15 MS. PEREZ: Yes, Sir. 16 COMMISSIONER LETZ: -- under the Avesis 17 portion even though it's not under the TAC portion? 18 MS. PEREZ: Oh absolutely. It's all a 19 cafeteria. They can pick and choose -- 20 COMMISSIONER LETZ: That's the same on all 21 the -- 22 MS. PEREZ: On all benefit lines yes, Sir. 23 Any other questions on this one? No, okay. Moving on. 24 The next page, bottom right hand corner should say 25 number three, page number three. This is the employer 91 1 sponsored basic life and AD&D. So the County uses their 2 dollars to pay for this benefit for the employees. The 3 benefit remains the same, the classifications remain the 4 same. What's going to go up here a little bit is you 5 had a slight impact on the rate. And the reason for 6 that is in the last couple of years, there have been 7 some pay outs for the benefits, essentially. So they 8 needed to go ahead and adjust that rate for the County 9 for this year. 10 So currently it's .236 per one thousand 11 dollars of benefit. Moving into the next line here, 12 that's going to increase slightly to point .266 per 13 thousand dollars of benefits. Okay. Any questions on 14 this one? No, okay. Moving forward. 15 Bottom of page four, this is a voluntary 16 life and AD&D. This is the same exact benefit you have 17 this year, it will continue with the same carrier, the 18 rates remain the same, benefits remain the same. Okay. 19 Any questions on that one? No. 20 Page five, bottom right-hand corner. This 21 is short term disability again with the same carrier, 22 MetLife, the benefits remain the same, the rates will 23 remain the same for this coming year. They did give a 24 repass on this as well. No questions. Okay. 25 Bottom of the corner page six, long term 92 1 disability. Again, in conjunction with the short term 2 and MetLife, benefits will remain the same, the rates 3 will remain the same for this coming plan year. Okay. 4 So the next few pages -- the next three are 5 showing a comparison of your current supplemental plans 6 with Guardian compared to Allstate and their options and 7 what they have offered for this coming year. The first 8 one should be group critical illness, then cancer, then 9 accident. So we're going to start with the critical 10 illness. So the program you have in place today you 11 have three options. As an employee, you can select from 12 a five thousand dollar benefit, a ten thousand dollar 13 benefit, or a 15 thousand dollars benefit. And then 14 depending on your age bracket, and that of your spouse, 15 it'll determine what that rate is going to be. If you 16 look down here if you just go down the line it'll tell 17 you exactly what benefits are covered within this 18 Guardian program, and what their payout would be should 19 this occur to an insured. Okay. 20 Now, the second column where it says 21 recurrent benefit right up here on the top, what this 22 does is if you have the initial payout, you have to wait 23 a certain amount of time. If you should have a second 24 occurrence, then it would pay out again the second time. 25 So it's a pretty nice feature. Okay, we're going to 93 1 compare those benefits to Allstate. 2 So our third column here, I was trying to 3 compare this to make it as easy as possible so it'll 4 show what benefits listed under the Allstate program and 5 what their recurrent benefit would pay out at. 6 There are no rates listed on the bottom of 7 here because I had to actually put them on a separate 8 grid because they are age banded, so if you look back in 9 your folder, it's the actual page that is -- it's like 10 this, it's on the right hand side, because I wanted to 11 kind of show that to you. 12 There are some differences within this 13 program that I think are super important. If you look 14 at the very bottom thing, actually, I think that's 15 pretty much the highlight, the very last line down here 16 where it's says portable with EOI, and that's these 17 other two are portable and portable. What that means to 18 me as an employee if I work here, if I had this plan and 19 I was an insured, if something were to occur to me, and 20 then I leave the County, for me to be able to take this 21 policy with me if I have it today, I have to submit 22 evidence of insurability to Guardian, they have to say 23 yes or no, you can have it or not have it. So if I'm an 24 insured and something happens and get a payout, and if 25 leave and want to take it there's no guarantee that I'm 94 1 going to be able to take that with me okay. 2 Now, with the Allstate plan and you guys 3 have had these plans before in the past. In fact they 4 had them right before you had Guardian. There's our 5 portable. So if something happens to an insured they 6 decide they're going to leave the County they can 7 actually take this with them. Okay. So those are 8 the -- that's one of the big things on here. 9 COMMISSIONER BALDWIN: EOI? 10 MS. PEREZ: Evidence of insurability. It's 11 the form that lists out anywhere between two to twenty 12 questions about a person's health. Height, weight, 13 smoker, non smoker, surgeries, past surgeries, you know, 14 that's going on with a person's health. So it's a 15 pretty big key on here of when a person -- of what a 16 person can and can't take with them, so that might make 17 it or break it. 18 So if we want to look at the rate sheet over 19 here, we've got the the actual rate band on our 20 left-hand side. It was on the right-hand side, this is 21 in the right-hand side of the book. So we've got the 22 Guardian rates listed here, and then we've got Allstate, 23 tobacco and non-tobacco rates. They specifically -- the 24 way they've structured it's tobacco versus non-tobacco. 25 Guardian kind of lumped everybody together. Anything 95 1 that's in the orange or pink or tan or whatever color 2 you want to call this, those are lower than current. If 3 it is a white box, it is slightly higher. Okay. So 4 that's up here in this top portion are what the employee 5 would pay, this in the middle is the spouse cost, then 6 down here on the bottom is the family cost. So if you 7 look at the bottom if you got family members on your 8 program, you know there is some significant savings 9 here, you know, so Guardian they -- they rate pretty 10 high for the spouses. So Allstate just -- they give a 11 better break, a better deal if you're going to have 12 spouse coverage. Children, if it's employee only and 13 you have children that were under the age of 26, they 14 are automatically covered in your program at no 15 additional cost on both of the plans. So that's static 16 on both. But I just wanted to point out rate. 17 Now, if you wanted to have a five thousand 18 dollar benefit also available through Allstate, they can 19 do that as well. But for the purposes of -- of the rate 20 structure I just did a ten thousand, just so that we 21 could see it. Any other questions on this program or 22 how this works? 23 All right, moving on. The cancer plan, 24 currently your cancer plan is with Guardian. We're 25 proposing that it move back to Allstate, again they've 96 1 been here in the past, it's a very good company, the 2 thing that actually stands out for me on this one is if 3 you'll look right above the green line in the middle, 4 where it says pre existing limitation. On your current 5 program it says 6/12/24. We're proposing the Allstate 6 program there's is what is known has a 12/12. So what 7 that means to me is that if I come to work here, and I 8 buy this plan, if I have been treated and have been in 9 treatment six months prior to the effective date of this 10 program, I have to go 12 months treatment free in order 11 for them to pay on the particular diagnosis. If I am 12 currently in claim they're not going to pay for it for 13 two years. So that that's a two-year pre existing 14 clause. 15 With the Allstate program it is 12 months. 16 That's a -- to me that's a huge difference, because that 17 means if you've got people that are coming in that have 18 already been diagnosed and are currently taking 19 medication or seeing a physician for it, their wait time 20 is only 12 months. Now, what Allstate is also willing 21 to do for us, again because you are a top client of 22 there's, they're willing to give credit to anybody 23 that's been on both your cancer or your critical illness 24 plans coming into their program. So if you currently 25 have a cancer or critical illness plan today with 97 1 Guardian, we're going to go back and count up the 2 months. If you come on to any of the plans offered by 3 Allstate they'll give you credit off of the pre-ex time 4 clock for the times that you've currently got with 5 Guardian. So that's -- that's a pretty good deal. 6 SHERIFF HIERHOLZER: So if somebody is 7 currently being treated, and they're covered under our 8 current plan, okay, now if we change over to Allstate 9 they're still going to be covered immediately or they 10 going to have to wait? 11 MS. PEREZ: If it is a person that has 12 12 months on the plan they will give them full credit of 12 13 months. 14 COMMISSIONER REEVES: That's not what he's 15 asking. 16 MS. PEREZ: I know, but the Allstate person 17 is here. So is that true? 18 MS. BROOK-----: Yes, yes. So how we handle 19 is it would be -- 20 THE REPORTER: Could you please stand up and 21 speak. 22 MS. PEREZ: This is Brook, she is with 23 Allstate. 24 MS. BROOK: How we basically handle it is 25 what we would do is the Guardian effective date, we 98 1 would make the last day of the month, and then our 2 effective date would be October first. So there would 3 be no lapse in coverage. So to answer your question, 4 yes, it would be effective immediately. 5 SHERIFF HIERHOLZER: So I'm just double 6 checking. Say I have an employee that's had a spouse 7 that's on our Guardian plan, and that spouse has cancer 8 and he's being treated for it. And now October one 9 we're going to change over to Allstate from that 10 Guardian plan. There's not going to be any lapse or 11 anything in that spouses coverage? 12 MS. BROOK: There is not, no, Sir. 13 MS. PEREZ: Now, again we gotta go back and 14 count the months that these -- 15 SHERIFF HIERHOLZER: That's where you get -- 16 MS. PEREZ: -- folks have been on the plan 17 for them to get credit. 18 SHERIFF HIERHOLZER: Okay, how many months 19 does it have to be? 20 MS. PEREZ: Well, if they've been on for 12 21 months they'll get full 12 month credit getting onto the 22 plan. 23 SHERIFF HIERHOLZER: But if they've been on 24 for six months, and then they develop cancer and they're 25 being treated for that cancer, does that mean now 99 1 they're going to have a six month lapse that they're not 2 going to be covered? 3 MS. BROOK: Well it looks like you'll have 4 open enrollment once a year. 5 MS. PEREZ: Open enrollment is every 6 October. 7 MS. BROOK: Well, most likely they have a 8 plan that is placed on a year ago, so that would be of 9 record. But if they signed up six months ago we would 10 probably give time served for that. To be honest, I'm 11 going to have check on that, but I'll -- 12 COMMISSIONER REEVES: I think what the 13 Sheriff is asking, I don't know if we're getting an 14 answer. We have a -- it doesn't matter what department, 15 somebody receiving cancer benefits today. And we move 16 it to Allstate October one. Does that benefit continue 17 to pay just -- 18 MS. BROOK: Yes. 19 COMMISSIONER REEVES: -- like it is paying 20 today? 21 MS. BROOK: Yes. 22 COMMISSIONER REEVES: You're guaranteeing 23 it? 24 MS. BROOK: Yes. 25 COMMISSIONER REEVES: Is that good enough? 100 1 SHERIFF HIERHOLZER: Well, okay. Now, the 2 only time that employee could have gotten on a Guardian 3 would have been -- 4 MS. LANTZ: New hire or open enrollment. 5 SHERIFF HIERHOLZER: So if I have a new hire 6 that came to work seven months ago, and they got, you 7 know, their spouse is on it, they took it then, okay. 8 Three months into it or whatever, the spouse came up 9 with cancer, so four months ago the spouse got cancer 10 and the spouse is getting benefits from the Guardian 11 one, because they were already on it. Now, is all of a 12 sudden that spouse going to be without it because it 13 hadn't been a year, it's only been seven months 14 that they've had the -- 15 MS. BROOK: What I've been told from the 16 underwriters, if you are on a previous plan, we don't 17 exactly count how many months, it's basically in the 18 sense that you had prior coverage, we're giving you 19 credit. That is how it's set up. 20 MS. LANTZ: And my understanding was I asked 21 about critical care. If you use critical care you're 22 automatically -- even if you use the benefit, you're 23 automatically guaranteed the benefit from a new carrier. 24 SHERIFF HIERHOLZER: Well this 12 months -- 25 count back 12 months doesn't mean anything. 101 1 MS. LANTZ: Not if you're -- if you are on 2 the plan, just transfer the plan, because you already 3 have the coverage. 4 SHERIFF HIERHOLZER: Yeah. If you don't 5 have the coverage, and your -- I can understand. But if 6 you currently have coverage, I just want to make sure 7 they still have it. 8 MS. PEREZ: Good question, though, thank 9 you. Any other questions on this particular one? No, 10 okay, moving forward on the accident plan -- I'm missing 11 a page number, sorry. So the accident plan we're also 12 asking -- recommending that it would also go over to 13 Allstate simply to keep everything together with the 14 same carrier. This plan is actually pretty comparable 15 to the one that you have. The rates are a little bit 16 better than the rates that you have today. And the 17 accident plan provides a four tier rate structure 18 instead of a two tier rate structure. So told if you 19 have an employee with children only, they're paying the 20 family rate, or if you have an employee with spouse only 21 they're paying the family rate, so they're actually 22 paying a little bit more than what they could be paying 23 if they had this other program. So with the other plan 24 with Allstate you'll show that you'll see that on the 25 bottom, it's got the four tiers. So if it's simply 102 1 employee plus spouse or employee plus children they're 2 actually going to get a price break on it. Okay. Any 3 questions on any of these programs or how they work? 4 No, okay. 5 On the right hand side, I added in the 6 actual policies, or the -- sorry not policies, but the 7 quotes, just so that you can have them for reference. 8 And other than that, if you don't have any questions -- 9 COMMISSIONER MOSER: You did a fabulous job 10 putting all of this together. 11 MS. PEREZ: Well, thank you, Sir. 12 COMMISSIONER MOSER: Thank you. 13 JUDGE POLLARD: Thank you, Ma'am. 14 MS. LANTZ: So basically we need to see what 15 option plan the Court would like to go with. If we 16 wanted to stay with what we currently have with our 17 vision, just the one option, or if you want to offer the 18 employees two separate options. The first option that 19 we currently have has no benefits towards the frames or 20 the lenses, where -- or excuse me, the frames, but not 21 the lenses. But the second option and a third option of 22 a better coverage, and they cover for the frames with 23 the co-payment or -- excuse me, lenses with a 24 co-payment. 25 COMMISSIONER BALDWIN: I think we need to 103 1 give our employees the option of two and three. Is that 2 how we're going to do it? 3 MS. LANTZ: That's what I'm recommending. 4 Because it's a small increase but they're getting way 5 more benefits. 6 MS. PEREZ: Each of those items, the UV, the 7 tint, every time you add something to the lense it's 8 another 30 dollars, 40 dollars. 9 SHERIFF HIERHOLZER: These are about six 10 hundred.(Indicating). 11 MS. LANTZ: And again this is a network for 12 our employees here in the County, and so we have 13 providers here that will take care of those. 14 COMMISSIONER BALDWIN: So what kind of 15 motion are we talking about here? I've lost my page 16 anyway. 17 MS. LANTZ: Page two, just to approve. 18 COMMISSIONER BALDWIN: Two, that comes right 19 before three, thank you. The dual option, is that what 20 you're talking about? 21 MS. LANTZ: Yes, Sir. 22 COMMISSIONER BALDWIN: And let's see dual 23 option 50/130 and 80/150. 24 MS. LANTZ: It's 50/130 and 80/150. 25 COMMISSIONER BALDWIN: Yes? 104 1 MS. LANTZ: Yes, Sir. And then approve the 2 other benefits as requested as well. 3 COMMISSIONER BALDWIN: What other -- 4 MS. LANTZ: Changing Guardian to Allstate. 5 COMMISSIONER BALDWIN: Are we clear on that 6 what she's talking about there? 7 COMMISSIONER MOSER: State it again, Dawn. 8 MS. LANTZ: Pardon me. 9 COMMISSIONER REEVES: What is your 10 recommendation? 11 MS. LANTZ: Moving from our current carrier 12 from Guardian to Allstate. The lower premiums for the 13 employees and a little bit better benefits. 14 COMMISSIONER BALDWIN: I move to approve 15 those two changes, the Avesis in particular. 50/130 16 and 80/150. 17 JUDGE POLLARD: Any second? 18 COMMISSIONER LETZ: Second. 19 JUDGE POLLARD: It's been moved by 20 Commissioner Baldwin, seconded by Commissioner Letz that 21 we move from the current carrier, I guess to these 22 options, and these option numbers are what again? 23 MRS. LANTZ: It's Avesis. Our vision is 24 50/130 dual option, and the second one is 80/150 option. 25 Two separate -- 105 1 JUDGE POLLARD: All right. Any further 2 comments or questions? 3 COMMISSIONER BALDWIN: Just giving our 4 employees another option -- 5 JUDGE POLLARD: I agree. 6 COMMISSIONER BALDWIN: -- to go to. 7 JUDGE POLLARD: That's a good deal. And by 8 the way, just as a question right now, I'm -- or a 9 comment I have. I'm very satisfied with Dawn Lantz 10 being the one that sifts these things out and decides 11 which things are worthwhile and oughta be submitted to 12 the Commissioners' Court anyway. I know there was some 13 concern about some of the programs earlier, and I'm 14 satisfied with that. Anyway, okay. All right, the 15 motion's -- any further comments that are on the motion? 16 There being none, those in favor signify by raising your 17 right hands, it's four zero, unanimous. Thank you, 18 Dawn. 19 MS. PEREZ: Thank you. 20 JUDGE POLLARD: Thank you, Ma'am. 21 All right. 1.9 consider, discuss and take 22 appropriate action regarding the interlocal agreement 23 with Peterson Regional Medical Center regarding the 24 hazard mitigation plan. Mr. Thomas. 25 MR. THOMAS: Good morning, Judge. Good 106 1 morning, Commissioners. 2 JUDGE POLLARD: Howdy. 3 MR. THOMAS: The first interlocal agreement 4 that we sent to Peterson Regional Medical for the Hazard 5 Mitigation Plan, they made some changes to it. And in 6 looking at the changes, and my talking with the County 7 Attorney, we thought it was appropriate to bring it 8 before the Court. If you'll take a look at the second 9 paragraph where it says the county's applying for FEMA 10 Grant funds, and this also the most substantial change, 11 at the very bottom it says that if the County terminates 12 the agreement it will refund the local matching funds 13 paid by the participant. That means if we cancel the 14 agreement with Peterson Regional Medical Center, we'd 15 have to pay them back any funds that they've put into 16 the hazard mitigation plan. 17 JUDGE POLLARD: Forever? I mean how long 18 does that obligation go on? 19 MR. THOMAS: Just until we get the plan 20 done. It would be up to their 38 hundred dollars is 21 what they would be putting into the mitigation plan. 22 JUDGE POLLARD: Even up to three years from 23 now, we cancel the plan, and we're still obligated then? 24 MR. THOMAS: No. What they're talking about 25 is cancelling our agreement, we cancel the interlocal 107 1 agreement with them. And they're saying they would need 2 to have their money back. 3 MRS. STEBBINS: The interlocal agreement to 4 get GrantWorks -- or is it GrantWorks? 5 MR. THOMAS: Yes. 6 MRS. STEBBINS: To establish the plan or 7 apply for the grant to establish the plan, is that 8 right? 9 MR. THOMAS: Correct. 10 MRS. STEBBINS: So that once the plan is 11 established that that repayment wouldn't come into play. 12 COMMISSIONER REEVES: And what it's saying 13 if we terminate it then we'll have to pay a penalty for 14 terminating the contract. 15 MRS. STEBBINS: Correct. 16 COMMISSIONER REEVES: Okay. 17 MRS. STEBBINS: To them. 18 MR. THOMAS: To me that's a moot point. We 19 have to have a mitigation plan, it's not something that 20 we're going to cancel. And then at the very end the 21 very last paragraph on the last page, they talk about 22 hold harmless paragraph. And they've actually -- the 23 only thing they've left in there was nothing herein 24 shall be construed to create any rights of third 25 parties. So basically what I came to ask today is go 108 1 ahead. 2 MRS. STEBBINS: You can go ahead. I'm just 3 going to take your paper. 4 (Off the record.) 5 MR. THOMAS: Is that y'all approve the 6 interlocal agreement as it's presented today, and 7 authorize the Judge to sign it. 8 COMMISSIONER MOSER: So move. 9 COMMISSIONER REEVES: County Attorney's 10 opinion? 11 MR. THOMAS: She's rereading it. 12 COMMISSIONER REEVES: Then I'll wait. 13 MRS. STEBBINS: I don't particularly like 14 the language there in the -- that they marked out the 15 hold harmless clause. I don't think that it's fixed by 16 the nothing herein shall be construed to create any 17 rights in third parties. 18 COMMISSIONER REEVES: Have you not seen it? 19 MRS. STEBBINS: I have seen it, but really 20 it's really we're asking them to hold us harmless, and 21 they don't want to do that. They don't have to. 22 COMMISSIONER REEVES: What's your opinion on 23 the contract, should we accept it as written or not? 24 MRS. STEBBINS: I think that we are 25 protected if we accept it as written, yes, Sir. 109 1 COMMISSIONER REEVES: So do you have a 2 motion, Mr. Moser? 3 MRS. STEBBINS: I'm just saying that's not 4 my favorite language; however, I think the County is 5 protected. 6 COMMISSIONER LETZ: Moser made the motion. 7 COMMISSIONER MOSER: I made the motion. 8 COMMISSIONER BALDWIN: Still there? 9 COMMISSIONER MOSER: Yes. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Moser, seconded by Commissioner Baldwin, to enter into 13 the intergovernmental agreement with the Sid Peterson 14 Regional Medical Center, and to authorize the County 15 Judge to sign same. Is there any further comment or 16 discussion? 17 COMMISSIONER BALDWIN: Will there be others 18 of these come in, like Peterson Hospital? 19 MR. THOMAS: No, this is the last one. The 20 other's have made some minor changes but it's been to 21 some wording like -- 22 MRS. STEBBINS: Nothing substantive. 23 MR. THOMAS: -- to say City Counsel or 24 something of that nature. 25 COMMISSIONER BALDWIN: This is the last one? 110 1 MR. THOMAS: This is the last one. The City 2 of Kerrville will approve there's tomorrow at their 3 board meeting. 4 COMMISSIONER MOSER: So when we calculated 5 the 38 hundred dollars, this included Sid Peterson being 6 in there? 7 MR. THOMAS: That's correct. 8 COMMISSIONER MOSER: So that amount's still 9 there. 10 MR. THOMAS: Thank y'all. 11 COMMISSIONER BALDWIN: Good job. 12 COMMISSIONER MOSER: Very good job, Dub. 13 It's a lot of the work going around talking to these 14 other entities. 15 MR. THOMAS: I got to give Heather a lot of 16 credit. Don't start shaking your head. 17 JUDGE POLLARD: Any further comments or 18 questions? There being none, those in favor of the 19 motion signify by raising your right hand. It's four 20 zero, unanimous. 21 All right, let's go on to -- what's the next 22 one -- 1.10 consider, discuss and take appropriate 23 action to approve the renewal memorandum of 24 understanding with Indigent Healthcare Solutions, the 25 software provider for the Kerr County's indigent health 111 1 program, and under the same conditions and terms 2 currently in place, and authorize the County Judge to 3 sign same. The rates will remain the same. 4 Mrs. Lavender. 5 MRS. LAVENDER: We pay $18,132.00 a year for 6 the software program. And we'll use it in the indigent 7 health program. There's not anything comparable to it 8 in the market place, and we've used this program all 9 eight years that we've had the program here, and it's 10 invaluable, so we just ask you to approve it. 11 COMMISSIONER BALDWIN: I move to approve it. 12 COMMISSIONER REEVES: Second. 13 JUDGE POLLARD: Been moved by Commissioner 14 Baldwin, seconded by Commissioner Reeves to approve the 15 renewal memorandum of understanding with Indigent 16 Healthcare Solutions, the software provider to the Kerr 17 County indigent health program, and to authorize the 18 County Judge to sign same. 19 COMMISSIONER MOSER: This is in the current 20 year budget? 21 MRS. LAVENDER: Yes, it's the same amount 22 that we've paid for several years. 23 COMMISSIONER MOSER: So it's in this year's 24 budget? 25 MRS. LAVENDER: It's in next year's budget, 112 1 yes. 2 JUDGE POLLARD: Any further comments or 3 questions? 4 COMMISSIONER LETZ: I want to clarify. You 5 said this year's, you said next year's. 6 MRS. LAVENDER: This is for a memorandum of 7 understanding to renew the current contract, the MOU 8 that we have for next year. 9 COMMISSIONER MOSER: Oh, so this is part of 10 our budget discussion. 11 MRS. LAVENDER: Correct, correct. It's just 12 the paperwork that has to go with it. 13 COMMISSIONER MOSER: Is it an obligation 14 then? I mean if we haven't set the budget yet for next 15 year -- 16 MRS. LAVENDER: Yeah, it's in the budget for 17 next year. It's the same amount that we have in the 18 budget this year. 19 COMMISSIONER MOSER: We haven't approved 20 next year's budget. 21 MRS. LAVENDER: Correct. But we have to 22 have the MOU to them. 23 COMMISSIONER MOSER: Are we obligated then? 24 MRS. LAVENDER: Yes. 25 COMMISSIONER MOSER: I don't see how you 113 1 obligate something that you don't have in the budget. 2 COMMISSIONER LETZ: I think you have to 3 almost. I think all of our software maintenance, or a 4 lot of our maintenance agreements, are going to be like 5 that. I mean, if we signed these agreements throughout 6 the year on copy machines and all that. And there's a 7 provision in them usually that if you don't budget the 8 funds, your -- there's an out. 9 COMMISSIONER MOSER: So as long as there's 10 an out. 11 MRS. LAVENDER: Yeah. We have to have the 12 program, the indigent health program is mandated, so we 13 have to have the software in order to have the program. 14 COMMISSIONER REEVES: And this one actually 15 looks like it begins in this fiscal year being September 16 one, so this is something that is in this fiscal year 17 that bleeds over into the next one. 18 COMMISSIONER MOSER: But as Commissioner 19 Letz said if we don't do it in the budget then we can 20 back out, that's fine. Okay. 21 JUDGE POLLARD: All right. Motion's on the 22 floor. Those in favor of the motion signify by raising 23 your right hand. It's four zero, unanimous. 24 COMMISSIONER BALDWIN: It's an excellent 25 point, though. 114 1 MRS. LAVENDER: And the County attorney has 2 approved it by the way. 3 JUDGE POLLARD: 1.11 consider, discuss and 4 take appropriate action regarding vehicle for Constable 5 John Lavender. 6 MR. LAVENDER: Good morning. 7 JUDGE POLLARD: Howdy. 8 MR. LAVENDER: In keeping with everybody 9 else that's been here today, I supplied you with a lot 10 of information. Some of it's to confuse you, but 11 hopefully it'll enlighten you. The first page in your 12 backup material is the necessary expenses to apply to 13 whatever vehicle was selected to replace my totalled 14 vehicle. I itemized that for you and I did a little 15 explanation on why I'm asking for, or recommending that 16 we replace the in-car camera system. 17 COMMISSIONER BALDWIN: Is going to be a 18 separate motion? 19 MR. LAVENDER: No, this is all one thing. 20 But the price of the vehicle is one element, and then 21 this $7,400.00 is an element that's over and above the 22 cost of the physical vehicle. 23 COMMISSIONER BALDWIN: What vehicle are you 24 going to recommend? 25 MR. LAVENDER: Well, of course I would 115 1 recommend the lowest bid, which is the one that was on 2 Buy Bid, provided that vehicle is still available to us. 3 I didn't check this morning to see whether or not they 4 sold it this weekend. 5 MRS. DOSS: No. 6 MR. LAVENDER: Brenda has been on top of 7 that. She and I have skirred every e-mail that's 8 occurred with this. 9 COMMISSIONER BALDWIN: That's Caldwell 10 County(sic). 11 MR. LAVENDER: Yes. That's that $29,410.00 12 bid that -- all these bids are added here. Now, notice 13 that I also submitted one from Jennings Anderson, one 14 from Cavender, and one from the Boerne Dodge. The local 15 dealers would not supply me with a bid for a 16-year 16 model, they said we can only order '17. The three 17 dealers in Boerne said oh, yeah we got them on the lot 18 and said here's the price on them, so I have that 19 included here. 20 COMMISSIONER BALDWIN: So we take your 21 Caldwell County(sic) bid at 29 thousand 410, and add the 22 74 hundred for equipment, and it comes document 23 thirty-seven two ten? 24 MR. LAVENDER: If that's the arithmetic. I 25 didn't do that. 116 1 COMMISSIONER BALDWIN: Hey, I went to Tivy. 2 COMMISSIONER REEVES: Was there not a 3 two-wheel drive available? That's the only thing we can 4 find? 5 MR. LAVENDER: Four is the only thing 6 available. So we can buy the four wheel drive from 7 Caldwell County(sic) for less money than we can buy a 8 two wheel drive in Boerne. 9 COMMISSIONER REEVES: I was just wondering 10 if Caldwell had a two wheel drive. 11 MRS. DOSS: No, Sir. They said we could 12 order one but it probably wouldn't be here until October 13 or November. 14 MR. LAVENDER: If we're going with pie in 15 the sky, let's look at the Tahoe. 16 COMMISSIONER BALDWIN: And so what did we 17 receive from the -- now your present vehicle was 18 totalled out because of -- 19 MR. LAVENDER: The one that I used to drive 20 is totalled out has been -- 21 COMMISSIONER BALDWIN: Totalled out and how 22 much money did we receive for that? 23 MR. LAVENDER: Just under 17 thousand. 24 MRS. DOSS: 16,975. 25 MR. LAVENDER: That's pretty close. 117 1 MRS. DOSS: Yeah, that's very close. 2 COMMISSIONER LETZ: And on the camera 3 equipment, and I read what you said here, what was in 4 the old one, it needs to be replaced, it doesn't work? 5 I mean you're pleading to buy -- 6 MR. LAVENDER: Well, I'm pleading to buy the 7 new one. The reason for that that camera arrangement 8 was initially put in the '03 Crown Victoria. When we 9 replaced those Victoria cars with the Expedition, we 10 took it out. Advantage was able to fabricate some 11 bracketry and cut a big hole in the headliner, because 12 the headliner for the Expedition wasn't anything like 13 the headliner for the Crown Victoria. 14 Precinct 2 Commissioner's has already burned 15 up on him and the Commissioners' Court has replaced 16 that. And I think Dawn then got some reimbursement out 17 of the insurance. But all of those cameras are the same 18 age. So the system that I'm recommending here is a 19 modular system, a whole lot more updated. It doesn't 20 have to have that big hole in the headliner anymore. 21 They have a camera on the back of the rearview mirror 22 and recording device is remote under the seat. And 23 you've got a small control that's easily attached to the 24 dashboard. And just newer vintage stuff. 25 My apprehension is to cut up the brand new 118 1 vehicle only to find that the camera lasts another six 2 months or a year, which I'll be gone, but then you're 3 faced with doing that. And you would have the 4 installation cost of the camera part of it if that 5 camera fails and has to be replaced. 6 COMMISSIONER LETZ: Well, we could -- 7 there's probably not much value to the camera that's in 8 there right now, the old camera? 9 MR. LAVENDER: The primary value it has is 10 just like Hix's camera it's available for extra parts. 11 Which we only have one more of those cameras in service 12 in the County, and it doesn't have any trade-in value 13 if you're going to go that route. 14 COMMISSIONER LETZ: All right. That answers 15 my question, thank you. 16 JUDGE POLLARD: Is there a motion? 17 COMMISSIONER BALDWIN: I move that -- I mean 18 the guy's gotta have a vehicle to take care of the 19 County business that the State tells him to take care 20 of. 21 JUDGE POLLARD: Yeah. 22 COMMISSIONER BALDWIN: So the equipment and 23 the vehicle from Caldwell Country, I so move that we 24 purchase for this fine young man. 25 JUDGE POLLARD: And equipment as outlined? 119 1 COMMISSIONER BALDWIN: Correct. 2 COMMISSIONER LETZ: And the money comes from 3 where? 4 MRS. DOSS: He has about 17 thousand of 5 insurance proceeds, and then the rest we would have to 6 take out of contingency or another line item. Probably 7 contingency. We do have enough in that line item. 8 COMMISSIONER REEVES: We do? 9 MRS. DOSS: I'm sorry. 10 COMMISSIONER REEVES: We do have enough? 11 MRS. DOSS: Yes. 12 COMMISSIONER LETZ: Commissioner Baldwin, is 13 that your motion to take the money from? 14 COMMISSIONER BALWIN: Sure, upon the 15 recommendation of the County Auditor, I so move. 16 JUDGE POLLARD: Well, and let me -- you 17 looked into used vehicles and all that, and it's just -- 18 this is just a far better deal. I mean a used vehicle 19 were almost as much. 20 MR. LAVENDER: Very much less than a new 21 vehicle. 22 JUDGE POLLARD: Yeah. And as far as the 23 four wheel drive is concerned, you probably don't really 24 need it, but there will be occasions -- 25 MR. LAVENDER: It's kind of like the spare 120 1 tire, you hope you never need it, but when it's a high 2 water situation or a rough country situation. 3 JUDGE POLLARD: You bet. And law 4 enforcement's forced into that kind of stuff. 5 COMMISSIONER LETZ: I'll second the motion. 6 JUDGE POLLARD: All right, and seconded by 7 Commissioner Letz. Is there any further discussion or 8 comment on the motion? There being none, those in favor 9 of the motion signify by raising your right hand. It's 10 four zero, unanimous. 11 All right, 1.12 consider, discuss and take 12 appropriate action on request to hang pictures of former 13 judges by the district courtrooms; pictures where 14 previously hung in the County Court at Law Courtroom. 15 Tim Bollier. 16 MR. BOLLIER: Yes, Sir. I received a work 17 order from County Court at law, Judge Harris, to hang 18 these pictures of former County Court at Law Judges 19 upstairs by the District Judges, and I didn't feel 20 comfortable in doing that without going before this 21 Court and asking them what they would like to do. 22 COMMISSIONER BALDWIN: Well, the pictures 23 are former County Court at Law Judges. There's been two 24 before Judge Harris has come in, the original one, and 25 then the one that just recently left. And they're 121 1 County Court at law, they're not District Judges. And I 2 think that thing upstairs has been set aside for 3 District Judges, and you know, there's -- I can't 4 remember what those other items are that was donated. 5 Anyway it was decorated and set up to honor the former 6 District Judges of this County. And pretty soon there 7 will be two more up there, because we have two guys that 8 are not up there yet. And back when Spencer retired, I 9 dug around here and came across this large photograph of 10 him, and asked the maintenance supervisor to put them on 11 the wall of the County Court at Law courtroom which I 12 think is where they belong. But I want to say I don't 13 think they belong up there with District Judges, but 14 there may be a place out here in the hallway, I mean if 15 the present County Court at Law Judge doesn't want them 16 in the courtroom that's her deal; it's not mine. But I 17 just don't think they belong upstairs with the District 18 Judges. 19 JUDGE POLLARD: Okay. You want to comment? 20 JUDGE HARRIS: My recommendation is that 21 they be up with all of the former judges. There's lots 22 of wall space upstairs, they're all our former judges. 23 I know I spoke with Judge Emerson on Friday, and he said 24 he's not opposed to it. Judge Williams was on vacation, 25 so I didn't have a chance to talk with him. Just like 122 1 the courtrooms upstairs, we don't have any former 2 judges' portraits there, so that will be my 3 recommendation. They're both the same type of 4 portraits, the nice Partain's, just like all of our 5 other former judges. And that would be my 6 recommendation is that all our judges be together 7 upstairs. 8 JUDGE POLLARD: Are you planning on using 9 the walls in your courtroom for something else, Judge? 10 JUDGE HARRIS: No. I think we had -- just 11 like in the courtrooms upstairs, there are no pictures 12 of the former judges in those courtrooms either. 13 JUDGE POLLARD: Okay. 14 COMMISSIONER MOSER: Do we have pictures of 15 former County judges hanging anyplace in courthouse? 16 MR. BOLLIER: (Shaking head in a negative 17 manner.) 18 COMMISSIONER MOSER: So we decided to put 19 district judges, okay, and then we put County Court at 20 Law judges, but so what's our policy? Do we put all 21 judges' pictures hanging in the courthouse? 22 JUDGE POLLARD: I don't think we have enough 23 walls. 24 COMMISSIONER MOSER: Maybe that's my point. 25 JUDGE POLLARD: If you go all the way back, 123 1 you know, there have been a lot of County judges. 2 COMMISSIONER MOSER: So what are we trying 3 to do? 4 COMMISSIONER BALDWIN: We're trying to honor 5 the former judges. 6 COMMISSIONER LETZ: Some of them. 7 COMMISSIONER BALDWIN: Some of them. 8 COMMISSIONER MOSER: Some of them. 9 COMMISSIONER BALDWIN: We'll take -- we'll 10 get a picture of old Bruce, we'll put -- we can put it 11 in your courtroom. 12 MR. CURRY: Yeah. 13 COMMISSIONER MOSER: So we're honoring some 14 judges, but not all judges. 15 COMMISSIONER LETZ: It doesn't make a whole 16 lot of difference, if you don't want them in your 17 courtroom we can find another place. 18 MRS. STEBBINS: And if you want a policy 19 that's probably on another agenda item for another day. 20 COMMISSIONER MOSER: Okay, thank you. 21 MRS. STEBBINS: You're welcome. 22 COMMISSIONER BALDWIN: Bring the dang things 23 in here, I wouldn't care. I mean who would care. 24 COMMISSIONER MOSER: It doesn't matter to 25 me. 124 1 COMMISSIONER LETZ: We'll put them 2 somewhere. 3 MR. BOLLIER: Where do you want me to put 4 them? 5 COMMISSIONER LETZ: Take them down, we'll 6 let you know. 7 MR. BOLLIER: They're down. 8 COMMISSIONER REEVES: We'll deal with that 9 later. 10 JUDGE HARRIS: Thank you. 11 MRS. STEBBINS: So no motion. 12 JUDGE POLLARD: Motion, or was it taken care 13 of already? 14 COMMISSIONER LETZ: Just we'll decide later. 15 COMMISSIONER REEVES: Do we need a motion? 16 We're going to pass on this item. 17 MRS. STEBBINS: Okay. 18 COMMISSIONER REEVES: He's already taken 19 them down, we're just not going to hang them any place 20 for a while. 21 MRS. STEBBINS: And I don't know if the 22 Court really needs a motion and order to hang a 23 portrait. I think that our maintenance department just 24 needs some advice. 25 MR. BOLLIER: To where to hang them. 125 1 COMMISSIONER LETZ: Talk to their liaison. 2 COMMISSIONER MOSER: That's you by 3 definition. 4 COMMISSIONER LETZ: It's me, fine. 5 JUDGE POLLARD: Okay. Let's move on to item 6 1.13 consider, discuss and take appropriate action 7 regarding the Veterans Day Parade and the Alamo Veterans 8 Honor Flight. Maggie. 9 MS. BAKER: Good morning. Yes, I have two 10 things to talk about this morning. The Veterans Day 11 parade as well as the Alamo Veterans Honor Flight. The 12 Veterans Day parade is going to continue on November 13 11th on Veterans Day, which is a Friday at 5:00. We at 14 one time we were talking to VA Hospital. They have 15 their parade and event on Saturday the 12th. 16 After talking with a lot of veterans, the 17 veterans organizations, we decided that we are going to 18 continue it on Veterans Day, which is November 11th, but 19 we're changing up the route this year. Instead of 20 having everybody go -- and there's like five different 21 streets we all line up on, it was really confusing last 22 year, but that's where the Police Department wanted us 23 to do it. But we've asked them about starting right at 24 the very end of Jefferson Street, coming straight down, 25 and then we're going to either turn right on Earl 126 1 Garrett and others would turn left on Earl Garrett and 2 circle around and go back and get their vehicles. So we 3 talked to the Police Department, and also with Mayor 4 White about permits and insurances, we don't have the 5 official information yet from City Council, we have to 6 go and speak before them. But what I've been told is 7 with all non profit's even though we're not a non profit 8 organization that we may not have to pay the 800 dollars 9 that we had to do last year and the year before, because 10 once we paid that then we just had to go to City Hall 11 and talk with them, and they would give us the money 12 back. But there is a lot of people saying it was a 13 little something that we shouldn't have to do. 14 But with the Police Department, we have 15 talked with a couple of them, and they said that if they 16 have the on duty police officers, they'll just use them 17 to help secure our side streets, or even the police 18 academy to help out with that. So we're hoping that 19 this year is going to be a little better. We had a 20 little problem with vehicles last year. We had it set 21 to where we had vehicles for all of you through our 22 Kerrville dealerships, and at the end they decided they 23 couldn't let us have them because they were being sold. 24 We have -- 25 COMMISSIONER BALDWIN: Say, we had a ball. 127 1 We had a good time. 2 MS. BAKER: Oh, I did, too. 3 COMMISSIONER BALDWIN: So it worked. 4 MS. BAKER: We had about 50 entries who had 5 signed up. But by the time everybody started going we 6 ended up with about 70. People just showed up and 7 wanted to be in the parade. So they just decided to let 8 themselves in wherever they wanted to. It was okay 9 though, it worked out really good. So we're hoping you 10 get at least that many in this year, but it's going to 11 be a straight line like I said. A lot better than 12 trying to bring this person in at this one and this one. 13 So anyway we do have a company, it's called 14 Jeeps, a Jeep organization, and they've agreed to give 15 us six Jeeps this year. So I'm hoping that's going to 16 stay. It's going to be one for the Judge, one for each 17 of the Commissioners and one for Mayor White. So we're 18 hoping it's all going to work out this year. This we 19 can hope. 20 All right. And then Veterans Honor Flight. 21 This is the first time I think Kerr County has done 22 this. It's San Antonio and they put together two honor 23 flights a year. Now, there's other places in the State, 24 you know, all round Texas and all the other states, they 25 take a group of World War II veterans to Washington D.C. 128 1 and Alamo Honor Flight of San Antonio, they took a group 2 in the spring and they're taking another group in 3 September. We got in on it at the very end. We have 4 got two veterans and they have to have guardians. They 5 can't be their spouses, but it has to be, you know, a 6 friend, a relative or something. They don't want the 7 spouse because these are World War II veterans and the 8 spouses are 80's and, you know, 90's. And it's just a 9 very fast pace from what -- you get to the San Antonio 10 airport to Washington D.C., and once you get to 11 Washington D.C. the entire event goes from Saturday 12 morning at 6:30 to -- excuse me, Friday morning at 6:30 13 to Saturday night about seven or eight o'clock is when 14 they return back to San Antonio. So it's really fast. 15 But they've done it I think for the past three or four 16 years. And I know Gillespie County has done it once and 17 they're planning on doing one in September as well, 18 along with Dallas, Houston, and a lot of the other 19 counties around. 20 So what it is is World War II veterans are 21 going to be taken care of all their flight, hotel and 22 all their meals. The guardians have to pay 500 dollars, 23 and it covers their flight, hotel, and meals as well. I 24 have had one of the World War II veterans ask if I would 25 go along and be their Guardian. And so far this year I 129 1 have not used any of my travel budget. And so I'm 2 asking if I could use 500 dollars out of my travel 3 budget to go along as his guardian. And I guess that 4 it's going to be September 16th and 17th. And I got an 5 e-mail this morning that they have room for another 6 veteran/guardian, so this afternoon I'll be checking on 7 to see. We have three veterans and three guardians from 8 Kerr County. 9 COMMISSIONER MOSER: Do you have three 10 veterans? I mean another veteran that's from Kerr 11 County that's -- 12 MS. BAKER: Oh, yeah. I had several that 13 contacted me after I -- well I just talked to other 14 veterans organization. 15 COMMISSIONER MOSER: No; I'm talking about 16 veterans from Kerr County that can participate in the 17 flight. 18 MS. BAKER: Yes. 19 JUDGE POLLARD: Four? 20 MS. BAKER: Pardon. 21 JUDGE POLLARD: There are four of them? 22 MS. BAKER: No. There are two right now, 23 but we could have another one. So Kerr County will have 24 three veterans and three guardians. 25 COMMISSIONER MOSER: How do you select the 130 1 veterans? 2 MS. BAKER: They just have to come in and 3 fill out the application, and if they don't have any 4 traumatic injuries or -- 5 COMMISSIONER MOSER: I mean if you have ten 6 that want to go how do you select the three? 7 MS. BAKER: Whoever comes first. 8 COMMISSIONER MOSER: World War II veterans 9 they're going to have some problems. 10 COMMISSIONER REEVES: I've got a question, I 11 don't know if it goes to Heather or Dawn. But you're 12 using travel budget and you're basically on the County 13 payroll. What's our liability for something like that 14 when she's escorting something that may or may not be 15 within her job description? 16 MRS. STEBBINS: I'm not sure about how our 17 insurance provider would cover that. That's probably a 18 better question for Dawn. But I think there is some 19 concern about using her training and travel line item. 20 MRS. DOSS: Conferences. 21 MRS. STEBBINS: A conference line item to 22 benefit a private individual not as a representative of 23 Kerr County, but to be his legal guardian, which is 24 basically what she would be given permission to do by 25 the family or him. So that's the concern I see. 131 1 JUDGE POLLARD: It's a budget change. 2 COMMISSIONER LETZ: It's a budget change, 3 but it's also a whether you can use tax dollars for that 4 purpose. 5 MRS. DOSS: For private use. Personal. 6 COMMISSIONER LETZ: Any comments, Miss HR? 7 MS. BAKER: I could easily get another 8 person to be this veteran's guardian, you know. 9 COMMISSIONER LETZ: I'm afraid it's probably 10 not that appropriate use of tax dollars. 11 MS. BAKER: That's okay. 12 COMMISSIONER MOSER: I agree. 13 COMMISSIONER REEVES: I don't know if it's 14 appropriate but it's probably not a legal use. I mean 15 it would be worth the effort to do it, but I don't think 16 that we legally can do it. 17 JUDGE POLLARD: I think that's right. 18 COMMISSIONER LETZ: But it sounds like a 19 pretty neat program. 20 MRS. STEBBINS: It is. Maybe you could find 21 donations or something -- 22 MS. BAKER: Well, originally this veteran 23 was going to pay. But I told him, I don't think that 24 would be appropriate or legal, because it would seem 25 like it would be a gift. And I don't think I could -- 132 1 no, I couldn't do that. 2 JUDGE POLLARD: All right. And can we 3 consider this just kind of an update on what's going on. 4 With the request we're going to deny the using the 500 5 dollars like that; otherwise, so there's just really no 6 motion necessary, is there? 7 COMMISSIONER LETZ: No. 8 JUDGE POLLARD: All right. Thank you, 9 Maggie. Appreciate it. 10 MS. BAKER: Okay, thank you. 11 COMMISSIONER MOSER: Maggie, I'll talk with 12 you afterwards about that program and maybe find some 13 help. 14 MS. BAKER: Okay. Thank you, Sir. 15 JUDGE POLLARD: Item 1.14 consider, discuss 16 and take appropriate action to authorize County Judge to 17 execute all real estate documents in connection with the 18 Center Point/East Kerr County Wastewater Project. 19 Commissioner Moser and Letz. 20 COMMISSIONER MOSER: Judge, could we delay. 21 14 through 1.17 until after the workshop, and then 22 reconvene the Commissioners' Court? 23 JUDGE POLLARD: Yes. Is that you're desire? 24 COMMISSIONER LETZ: Yes. 25 JUDGE POLLARD: Is that what everybody wants 133 1 to do? 2 COMMISSIONER MOSER: Yeah. 3 JUDGE POLLARD: Then you want to go to 1.18 4 discussion regarding IT Department organizational 5 structure, Mr. Trolinger. 6 MRS. DOSS: That's executive. 7 MR. TROLINGER: Yes, Sir, I asked for 8 executive session for the discussion. 9 JUDGE POLLARD: And there's another 10 executive session 1.19 update, all right. That's it 11 then. We'll -- 12 COMMISSIONER MOSER: Pay the bills. 13 JUDGE POLLARD: Yeah, we'll pay the bills. 14 COMMISSIONER BALDWIN: I move we pay the 15 bills. 16 COMMISSIONER MOSER: Second. 17 JUDGE POLLARD: Been moved and seconded that 18 we pay the bills as submitted. Any further comments or 19 questions? If not, those in favor signify by raising 20 your right hands. It's four zero, unanimous. Even 21 though Commissioner Baldwin raised his left hand. 22 COMMISSIONER BALDWIN: I was just checking 23 to see if you was paying attention. It's all about you. 24 COMMISSIONER MOSER: Tivy High School. 25 JUDGE POLLARD: 4.2 budget amendments, are 134 1 there were any? 2 MRS. DOSS: We have nine budget amendments. 3 And if you look at 7, 8 and 9, the District Courts are 4 running out of court appointed attorneys, so we've had 5 to use some non departmental budget balances to cover 6 that. We have added extra in the budget that we're 7 working on right now. 8 JUDGE POLLARD: Any questions or comments 9 about the proposed budget amendments? 10 COMMISSIONER BALDWIN: Well, none other than 11 7, 8 and 9, you know, someone needs learn how to budget 12 a little bit better. 13 MRS. DOSS: Yes, Sir. 14 COMMISSIONER BALDWIN: That's the bottom 15 line. It's not our fault, or your fault. Or it's the 16 two guys upstairs. 17 MRS. DOSS: Well, they've had a lot of -- 18 COMMISSIONER BALDWIN: Those are your 19 employees, employers. 20 MRS. DOSS: They've had a lot of cases this 21 year. 22 COMMISSIONER BALDWIN: Okay. Now, I love 23 them. 24 COMMISSIONER LETZ: Move for approval. 25 COMMISSIONER BALDWIN: Second. 135 1 JUDGE POLLARD: Been moved by Commissioner 2 Letz seconded by Commissioner Baldwin to approve the 3 budget amendments as submitted. Any further comments, 4 questions? There being none, those signify by raising 5 your right hands. It is four zero, unanimous. 6 Late bills. 7 MRS. DOSS: Yes, Sir, we have two late 8 bills. 9 JUDGE POLLARD: Is there a motion? 10 COMMISSIONER BALDWIN: So move. 11 COMMISSIONER REEVES: Second. 12 JUDGE POLLARD: Been moved by Commissioner 13 Baldwin, seconded by Commissioner Reeves to approve the 14 late bills as submitted. Any further questions or 15 comments? 16 COMMISSIONER BALDWIN: The first one is Deb 17 Williamson, that's your Hunt School deal, isn't it? 18 COMMISSIONER REEVES: That's correct. 19 That's the right-of-way project. 20 COMMISSIONER BALDWIN: Both of them, okay. 21 JUDGE POLLARD: If there's no further 22 comments or questions then those in favor of the motion 23 signify by raising your right hands. It's four zero, 24 unanimous. 25 Approve and accept monthly reports. 136 1 COMMISSIONER REEVES: Yes, Sir. All reports 2 I'll give are for the month of June, 2016. J.P. 4 3 monthly report. County clerk's monthly report. County 4 treasurer quarterly investment report for April through 5 June, 2016. County treasurer monthly report, and 6 District Clerk's monthly report. Move to approve and 7 sign as needed. And Miss Treasurer, do we need to sign 8 investment report? 9 MRS. SOLDAN: Yes, Sir. 10 COMMISSIONER REEVES: Okay. I didn't see 11 it. 12 MRS. SOLDAN: It should be the first page. 13 COMMISSIONER REEVES: I move to approve and 14 sign as needed. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE POLLARD: All right. It's been moved 17 by Commissioner Reeves and seconded by Commissioner 18 Baldwin to approve the monthly reports as read, and 19 authorize execution of the documents indicated in there. 20 Which document was that, the investment policy? 21 COMMISSIONER REEVES: Yes. 22 JUDGE POLLARD: Okay. Any further questions 23 or comments? If there are none, those in favor signify 24 by raising your right hands. Thank you very much. 25 All right, reports from 137 1 Commissioners/Liaison committee assignments. Anybody? 2 COMMISSIONER BALDWIN: I need to go to the 3 restroom and I'm hungry. 4 JUDGE POLLARD: That's a very appropriate 5 comment by golly. 6 COMMISSIONER BALDWIN: You asked me if I had 7 a report. 8 JUDGE POLLARD: Okay. All right. So 9 there's nothing really other than that on 5.1, or do you 10 have something? 11 COMMISSIONER REEVES: I just wanted to let 12 Ray give a brief report, because it deals with dogs and 13 I know you maybe can make it. Tell us about this 14 weekend, Ray, and the Clear the Shelter. 15 MR. GARCIA: In the Clear the Shelter 16 national event, we had a total of 60 animals adopted 17 out. Saturday, we did 27. But the event dates that 18 went from July 2nd to July 23rd were a total of 60, so 19 we had 44 dogs and 16 cats. And I just wanted so say 20 thank you to the community and help support this 21 national day event. It was a huge success for us. 22 COMMISSIONER BALDWIN: Fantastic. 23 MR. GARCIA: And the guys out there did very 24 well. It was a 9-hour event. 25 COMMISSIONER MOSER: Outstanding. 138 1 JUDGE POLLARD: All right. Reports from 2 elected officials and department heads. Anything? 3 Reports from boards, commissions and 4 committees. City/County joint projects or operations 5 reports, or others. Anybody else? All right. We will 6 recess this until after the executive session, and -- is 7 it after this, too? 8 COMMISSIONER LETZ: I mean -- 9 JUDGE POLLARD: Just after the executive 10 session. All right, we're recessed. And it's now 11 bathroom and lunchtime. 12 COMMISSIONER LETZ: Come back at one? We 13 have an awful lot to do this afternoon. One works for 14 me. 15 COMMISSIONER MOSER: Sure, that's be great. 16 MRS. STEBBINS: For executive session? 17 COMMISSIONER REEVES: Yes. 18 MRS. DOSS: And then we have a budget 19 workshop after that, and then the other workshop after 20 the budget workshop, and then we go back. 21 (Lunch Break.) 22 JUDGE POLLARD: All right, we're going to be 23 in executive session. 24 (Executive Session.) 25 JUDGE POLLARD: All right. Close that 139 1 workshop then, and I guess we go back to regular agenda 2 now. 3 All right. Item 1.14 consider, discuss and 4 take appropriate action to authorize the County Judge to 5 execute all real estate documents in connection with the 6 Center Point/East Kerr County Wastewater Project. 7 Commissioner Moser and Letz. I assume that real estate 8 documents means easements. 9 COMMISSIONER LETZ: Yes. I make a motion 10 that after the approval of the County Attorney, County 11 Engineer, Auditor, Mr. Moser, myself and the Judge will 12 be authorized to execute all easement documents under 13 the project. 14 COMMISSIONER MOSER: Second. 15 COMMISSIONER REEVES: One question. Do you 16 foresee you having to acquire any of it outside of an 17 easement and actually acquire it as ownership for the 18 County? 19 COMMISSIONER LETZ: Yes, we will. 20 COMMISSIONER REEVES: I would suggest 21 instead of easement, just as the agenda as written. 22 COMMISSIONER LETZ: Okay. Any real estate 23 documents, okay. 24 COMMISSIONER BALDWIN: Oh, you sneaky rascal 25 you. 140 1 COMMISSIONER LETZ: Good eye, good catch. 2 But it said easements. 3 COMMISSIONER MOSER: Oh, I see. Excuse me. 4 JUDGE POLLARD: All right. The motion's 5 been made that once a procedure is gone through and 6 everybody's been named has signed it and accepted it, 7 the County Judge is authorized to execute all real 8 estate documents in connection with the Center 9 Point/East Kerr County Wastewater Project. Is that a 10 fair statement of the motion. 11 COMMISSIONER MOSER: Uh-huh. 12 JUDGE POLLARD: All right. Any further 13 comments? If not then those in favor of the motion 14 signify by raising your right hand. It's four zero, 15 unanimous. 16 Item 1.15 consider, discuss and take 17 appropriate action to authorize issuing funds for 18 easements and closing cost associated with the Center 19 Point/East Kerr County Wastewater Project; not to exceed 20 amount to be determined by the Court, I guess it should 21 say. Commissioner Moser and Letz. 22 COMMISSIONER LETZ: I don't know that we 23 really need this one. To me -- 24 COMMISSIONER MOSER: I don't think we do. 25 COMMISSIONER LETZ: -- if it's budgeted 141 1 funds. 2 COMMISSIONER MOSER: We'll just withdraw 3 that one. 4 JUDGE POLLARD: Pass. All right item 1.16 5 consider, discuss and take appropriate action to 6 authorize the County engineer's role in the Center 7 Point/East Kerr County Wastewater Project. 8 Commissioners Moser and Letz. 9 COMMISSIONER LETZ: I think this is just 10 kind of a catch all. I'm not sure we need action on it 11 or not. We talked about what the role would be, and we 12 talked about that. 13 COMMISSIONER MOSER: We're going to come 14 back with on what we do with inspection and so forth. 15 COMMISSIONER LETZ: Right, we'll deal with 16 that one. 17 COMMISSIONER MOSER: No action required. 18 COMMISSIONER BALDWIN: I want to make a 19 comment though. If you recall in the last couple years 20 like we used Charlie at the airport, and some other 21 functions around, which is fine, but I'd like to see us 22 at least keep that as a minimum kind of thing, so we 23 don't take him off the County roads totally, that that's 24 a guarantee we'll get in trouble over something like 25 that. 142 1 COMMISSIONER LETZ: Agreed. 2 COMMISSIONER BALDWIN: You know, just being 3 wise. 4 COMMISSIONER LETZ: Yeah. Intention is 5 oversight primarily, and there should be other people 6 reporting to contractors, or other employees to him. 7 COMMISSIONER BALDWIN: That's gut. 8 JUDGE POLLARD: All right, item 1.17 9 consider, discuss and take appropriate action to 10 establish the policy for making sewer connections for 11 businesses, schools and churches to the Center 12 Point/East Kerr County Wastewater System. 13 COMMISSIONER LETZ: And we'll bring that one 14 back when we get the policy. We just wanted to have it 15 on the agenda. 16 JUDGE POLLARD: So pass, all right. That 17 completes the regular agenda. We adjourn that. 18 * * * * * * 19 20 21 22 23 24 25 143 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 10th day of August, A.D. 10 2016. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 12/31/2016 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25