1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, August 28, 2017 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 HARLEY BELEW, 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 *** Commissioners' Comments. 6 4 1.1 Consider, discuss and take appropriate 13 action for the Commissioners' Court 5 approval to fill an open road maintenance technician position in the Road and Bridge 6 Department. 7 1.2 Consider, discuss and take appropriate 14 action concerning sealed competitive bids 8 for County Wide Reroofing and HVAC replacement/repairs from 2016 hailstorm. 9 1.3 Consider, discuss and take appropriate 17 10 action for the Court to approve a final plat for Harper Estates. 11 1.4 Consider, discuss and take appropriate 20 12 action for the Court to set a public hearing for 9:00 a.m. on October 10, 2017 13 for a revision of plat for Lots 72R of Falling Water Subdivision, Document 14 No. 13-3417. 15 1.5 Consider, discuss and take appropriate 22 action for the court to set a public 16 hearing for 9:10 a.m. on October 10, 2017 for the revision of plat for Lots 2R, 3, 17 35 and 36 of River Park Estates, Volume 4, Page 42, and Document No. 12-3256. 18 1.6 Consider, discuss and take appropriate 24 19 action for the Court to adopt Resolution of Kerr County, Texas, authorizing the 20 submission of hazard mitigation assistance grant application for a Center Point and 21 River Road Flood Control Project and the procurement of an administrative consultant 22 and engineering services for the development and subsequent implementation of the grant 23 contingent upon award. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 25 action on closure of the Juvenile Detention 4 Facility. This includes, but is not limited to, transfer of resources, 5 equipment, and supplies to the Kerr County Juvenile Board. Additionally, 6 discussion of future uses of the Facility may be discussed. 7 1.10 Consider, discuss and take appropriate 31 8 action to approve 2018 budget for Kerr 911. 9 1.11 Consider, discuss and take appropriate 33 action for the Court to set a public 10 hearing for 9:30 a.m. on October 10, 2017 for revision of plat for Lots 16 and 17 11 of Elm Pass Ranch, Volume 3, Page 82. 12 1.12 Consider, discuss and take appropriate 34 action for the Court to set a public 13 hearing for 9:30 a.m. on October 10, 2017 for the revision of plat for Lots 114A and 14 114B of Falling Water Subdivision, Volume 7, page 37. 15 1.8 Consider, discuss and take appropriate 35 16 action on request to place a storage container at the Hill Country Youth Event 17 Center for 4-H storage. 18 1.9 Consider, discuss and take appropriate 37 action to authorize the Maintenance 19 Department to construct new fence at Kerr County Animal Services. 20 1.13 Consider, discuss and take appropriate 41 21 action to approve changing of polling location in Precinct 314 from Cailloux 22 City Center to Zion Lutheran Church in accordance with Chapter 43 of the Texas 23 Election Code. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Consider, discuss and take appropriate 43 action on request from Hill Country Dispute 4 Resolution Center (HCDRC) to renew contract with Kerr County to provide mediation 5 services in Kerr County and for funding. 6 1.15 Consider, discuss and take appropriate 45 action to appoint Dennis Ferguson as a 7 member of the Kerr County Child Services Board. 8 1.16 Consider, discuss and take appropriate 45 9 action to approve Amendment #1 to County Hog Out Management Program (CHOMP) and 10 authorize Judge to sign same. 11 1.18 Public Hearing on the proposed Kerr County 49 and Lateral Roads 2017 Tax Rate. 12 1.17 Consider, discuss and take appropriate 51 13 action to approve FY 18-19 Interlocal Agreement with Lubbock County for the 14 Regional Public Defender for Capital Cases program. 15 1.19 Consider, discuss and take appropriate 55 16 action to approve General Provisions for FY 2017-2018. 17 1.20 Consider, discuss and take appropriate 57 18 action to set Public hearing on proposed Kerr County Budget for FY 2017-2018 at 19 9:45 a.m. on September 25, 2017. 20 1.21 Consider, discuss and take appropriate 57 action to approve contract with Divide 21 Volunteer Fire Department and allow the County Judge to sign same. 22 23 1.22 Consider, discuss and take appropriate 58 action to approve Memorandum of 24 Understanding (MOU) between Kerr County and the Hill Country Council on Alcohol 25 and Drug Abuse-Region 8, and allow County Judge to sign same. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.23 Consider, discuss and take appropriate 59 action to authorize the County Judge to 4 sign the Xerox Lease Agreement for the County Auditor Office. 5 1.24 Consider, discuss and take appropriate 60 6 action to schedule meetings to approve payroll and pay bills. 7 1.25 Consider, discuss and take appropriate 70 8 action regarding the effects to Kerr County from Tropical Storm/Hurricane 9 Harvey and contract with San Patricio County 10 4.1 Pay bills. 84 11 4.2 Budget Amendments. 85 12 4.3 Late Bills. 85 13 4.4 Approve and accept Monthly Reports. 85 14 4.5 Auditor Reports. 86 15 5.1 Reports from Commissioners/Liaison 86 16 Committee Assignments as per attachment. 17 1.26 Consider, discuss and take appropriate 88 action on request repair or replace 18 Constable Pct. 3 vehicle due to recent mechanical issues. 19 1.25 Consider, discuss and take appropriate 101 20 action regarding the effects to Kerr County from Tropical Storm/Hurricane 21 Harvey and contract with San Patricio County 22 1.27 Consider, discuss and take appropriate 113 23 action regarding personnel issue. 24 *** Adjournment. 114 25 *** Reporter's Certificate. 115 6 1 JUDGE POLLARD: It's Monday, August the 2 28th, 2017. Commissioner Reeves tells me it's 9 a.m. 3 Appears to be 9:01. The Kerr County Commissioners' 4 Court is in session, and we'll begin with -- who's up 5 today? I think it's Mr. Belew. We'll begin with 6 Mr. Belew's prayer and the Pledge. 7 (Prayer and Pledge of Allegiance.) 8 JUDGE POLLARD: Okay, this is the part of 9 the agenda where the public can come up and speak, but 10 it must be on something that is not on the agenda, and 11 we've got a pretty long agenda with plenty of items on 12 it, so if you have something to say about something that 13 is not on the agenda then please step forward to the 14 podium, identify yourself by stating your name and your 15 address, and please limit your comments to three 16 minutes. Is there anyone wishing to speak on something 17 not on the agenda? There being no one, we'll proceed to 18 the next part of the agenda. This is comments from the 19 commissioners, and/or the County Judge to recognize 20 achievements of persons in their precincts or to make 21 comments on matters not listed on the regular agenda. 22 We'll start with Precinct Number 1, Mr. Belew. 23 COMMISSIONER BELEW: Well, I just want to 24 tell everybody that our emergency management folks have 25 done a great job all weekend long from the preparation 7 1 from the first meeting through everything that's been 2 executed, all the volunteers that have done a great job. 3 We're needing help with having things for the kids to do 4 up here. And so at the Kerrville Bible Church they have 5 some children over there that have been evacuated, if 6 anybody can help out, retired teachers, so on. It was 7 the first day of school for a lot of them and they won't 8 be in school. They won't even go back to a school, the 9 school will be gone, so anyone that can help in that 10 area. That's at the Kerrville Bible Church and you can 11 get in touch with then actually through the Red Cross, 12 right across the street here. 13 And I want to thank everybody that put in 14 the extra hours. I know Commissioner Letz came back 15 home, had to sign the emergency declaration, and I'm the 16 green horn, so Commissioner Reeves helped me a lot, so I 17 appreciate it. I appreciate it. What we do best in Kerr 18 County was exhibited this weekend. That's all I got. 19 JUDGE POLLARD: Mr. Moser. 20 COMMISSIONER MOSER: I am very, very 21 thankful that we have an emergency management plan that 22 was updated last year, and that we have a County 23 emergency management coordinator, which we -- took us a 24 little over a year to get that person in place, but it's 25 there, and I think -- and I think that that's a big asset 8 1 for that. 2 There's a couple other things if I may, 3 Judge, be real quick. I went and -- Jonathan Letz and 4 myself and Diane and some others, we went to the 5 conference last week in Austin. But here's something 6 that came out of that. It's unfunded mandates. It's a 7 fabulous document, shows what has happened in the State 8 on unfunded mandates, and I think Brenda told me that 9 unfunded mandates this year, we're talking about the 10 budget, is a couple hundred thousand dollars over last 11 year. It's still a huge amount. But some of these 12 things have gone up, you know, 1200 percent over the last 13 five years. So these are unfunded mandates and how much 14 they've gone up each year for the last five years, it's 15 it's huge. Another thing that I determined, or found out 16 there. Always learn things in these conferences that you 17 didn't plan on, is that for the disaster that we're going 18 through now Texas has to have incur 39 million dollars in 19 expense before they're eligible for being funded by the 20 Federal Government. So that's a $1.43 per person in the 21 State. Well, we'll reach the 39 million. But it's 22 important for every County to account for money that they 23 spend. You know account for it and record it, and it 24 doesn't get credited for that 39 million dollars. So 25 every county's gotta do that, and I'm sure that this 9 1 county's going to do that. 2 There are some other things there that I 3 think are very interesting, that about trying to limit 4 the amount that the counties can raise revenue by four 5 percent, and this thing here said we've -- you know 6 there's no way with unfunded mandates if you cap us at 7 four percent that we can be able to meet our budget. 8 And and one other thing, probably some 9 people know this, probably Diane knows it for sure, the 10 Comptroller is telling the appraisal districts how much 11 they have to raise appraisal values. Now, that -- 12 MS. DIANE BOLIN: Seven percent. 13 COMMISSIONER MOSER: Seven percent. They're 14 telling appraisal districts how much to raise appraisals; 15 not what they -- based what they see. They said that's 16 what we need to set levels. And I think it's seven 17 percent this year, or seven percent next year or 18 something like that. 19 MS. DIANE BOLIN: Yes, yes. 20 COMMISSIONER BELEW: They'll figure out a 21 way to justify it. 22 COMMISSIONER MOSER: That's unbelievable. 23 So anyway stay tuned to what's happening and talk to our 24 state representatives. That's it. 25 JUDGE POLLARD: My only comment is that we 10 1 can thank our politicians statewide, and the legislature 2 and our courts for all of these unfunded mandates, and 3 for all of these actions that Commissioner Moser was just 4 talking about, and something needs to be done about it. 5 And what I'm talking about is political movement of some 6 kind. The voters are going to have to take this into 7 consideration, and have elections from now on on 8 statewide offices, and for anybody in the legislature. 9 Now, I want to exempt our state representative, Mr. Murr 10 from that, because he's a very fine representative, and 11 he's very in tune with counties and the citizens in each 12 County. Those of you that don't know he's a former -- 13 he's a resident of Kimble County, and he's a former 14 County Judge down there, and he's very familiar with 15 county issues and that kind of thing. So Mr. Murr is 16 exempted from this. But I urge you and to talk to 17 everybody that you can think of, and then the next 18 elections let's clean house. We need to clean house 19 from the Governor on down. Let's get it done. Okay. 20 All right, thank you. 21 COMMISSIONER LETZ: Just a comment. 22 JUDGE POLLARD: You believe that. 23 COMMISSIONER LETZ: We are fortunate in the 24 decisions Representative Murr. Senator Buckingham is 25 about the same. She is the senator that did -- or did 11 1 file the bill to prohibit unfunded mandates, and it 2 didn't go anywhere, but she was one of about, I think, 3 three that supported it openly in the Senate, so we're 4 fortunate that they're there, and they are listening to 5 us a little bit, but the problem is they don't, you know, 6 there's not enough, not enough of them. 7 Another comment I just want to make. Touch 8 base a little bit on the emergency management 9 coordination. Agree both with what Mr. Belew and Moser 10 said, but the other part about that was I was at a couple 11 meetings with Bob, and Harley -- or Bob was at all of 12 them I think. But coordination between the City of 13 Kerrville and Kerr County was excellent. There was more 14 interaction, there was a lot of law enforcement staff 15 from both departments there. City staff and County 16 staff. I mean the whole process worked far better than I 17 think it ever has in the past having the County 18 coordinator and the City coordinator emergency 19 management. I think -- and you know, fortunately we 20 didn't have huge problems other than, you know, we did 21 receive quite a few evacuees, and dogs, and other 22 animals, but the coordination was great. And it was also 23 very clear that from their -- or Dub talking with other 24 agencies that we are far better organized than a lot of 25 the other counties around, which is a good thing, a 12 1 really good job. 2 COMMISSIONER REEVES: Just to add to the 3 storm. I think Harley hit it real good. We saw Kerr at 4 its finest. We saw cooperation, as you said, from the 5 first meeting. I think we were all at something. Jody 6 attended for us. There's one going on right now. I know 7 the Sheriff will be in here to update us. I compliment 8 everybody there. Animal Services, just on that part, you 9 don't think about -- you think about taking care of the 10 people, but also the animals and everything. They've 11 done an excellent job and I think once again, I think we 12 saw the entire county at its finest on just helping in 13 this. And, you know, it's going to be a lot of recovery, 14 and you know we're just going to keep stepping up and 15 helping. I know Mr. Walston said that he may be called 16 at any time, it's part of the Extension Services task 17 force to help out with the livestock that has no feed, no 18 water and everything. That the agents will be called 19 out, so he may be leaving on the road at any point. 20 COMMISSIONER MOSER: Judge, if I could add 21 one other thing on unfunded mandates. It's interesting 22 22 states have changed their constitution so that 23 unfunded mandates are not allowed. This is never made it 24 any place in the State of Texas. This last session it 25 made it through the house, and up to the Senate. So 13 1 there's a good possibility -- a good possibility this can 2 be put in the State Constitution that unfunded mandates 3 are not allowed. If that's the case then that's where we 4 need to focus, and those are the questions to ask anybody 5 running for -- anybody running for state legislative 6 position. So anyway, that's enough of that. 7 JUDGE POLLARD: In case the public doesn't 8 fully understand unfunded mandates will force the 9 counties to raise ad valorem taxes, and that means that 10 the property owners in this County are going to carry 11 that burden, and all of those increases, so I want to 12 make it real clear, and I'd like for it to be put in the 13 media this is going to affect every taxpayer in the 14 county, and is a affecting them adversely. And we need 15 to do something about it. All right, thank you. Go 16 ahead. Anybody else have anything? 17 MR. BELEW: Can't follow that. 18 JUDGE POLLARD: All right, the first item on 19 the agenda is 1.1 consider, discuss and take appropriate 20 action for the Commissioners' Court approval to fill an 21 open road maintenance technician position at the Road and 22 Bridge Department. This of course affects all four 23 precincts. Hi, Kelly. 24 MS. HOFFER: Hi. How are you? 25 JUDGE POLLARD: All right. 14 1 MS. HOFFER: Good. We have an open position 2 in the Road and Bridge Department. It's a road 3 maintenance technician position. This position's a 4 budgeted position, and at this time I ask the Court for 5 their approval to advertise to try to fill this open road 6 maintenance technician position. 7 COMMISSIONER REEVES: Move for approval of 8 the agenda item as presented. 9 COMMISSIONER MOSER: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Reeves, seconded by Commissioner Moser to approve agenda 12 item number 1 as submitted, and that is to authorize 13 the -- I guess you'd call it fill the open road 14 maintenance technician position at the Road and Bridge 15 Department. Is there any further discussion? There 16 being none, those in favor signify by raising their 17 rights hands. It's four zero, unanimous. 18 MS. HOFFER: Thank you. 19 JUDGE POLLARD: Thank you, Kelly. Item 1.2 20 consider, discuss and take appropriate action concerning 21 sealed competitive bid for the countywide reroofing and 22 HVAC replacement/repairs from 2016 hail storm. This of 23 course affects all four precincts as well. Mr. Hastings. 24 MR. HASTINGS: Thank you. We received bids 25 two weeks ago, and the bids were reviewed by committee. 15 1 Committee of the County Risk Manager and HR Director, the 2 County Auditor, the County Attorney, the County Engineer 3 and Commissioner Precinct 4, and we visited very closely 4 with our TAC consultants. During the process bidding we 5 found out that the HVAC units according to TAC they 6 believe they can all be combed out instead of being 7 replaced. That changes completely our scope. It also 8 takes away the mad rush that we had to try to get this 9 project done quickly for the jail, because of the small 10 window of opportunity when inmates are going to be out. 11 When all we got to do is comb out these units, the fins, 12 from the hail damage as opposed to completely replacing, 13 then our scope has changed greatly on this. And because 14 of that I will say that we did have two bids from roofers 15 and one with from a HVAC consultant, but because the 16 scope is going to be vastly different that committee 17 recommends that all bids be rejected, and that we rebid 18 that at a later date after we've had an opportunity for 19 the consultant, Armko, to revise the bid documents. 20 COMMISSIONER MOSER: Question, Charlie. 21 MR. HASTINGS: Yes. 22 COMMISSIONER MOSER: On combing the fins out 23 that's a potential damage to the coils, in all the heat 24 transfer coils that are in there. 25 MR. HASTINGS: Yes, Sir. 16 1 COMMISSIONER MOSER: So who's responsible 2 for this combing to make sure they don't do damage? 3 MR. HASTINGS: It would still be paid for 4 through -- 5 COMMISSIONER MOSER: So we still have the 6 funds if in fact that happens? 7 MR. HASTINGS: Oh, yes. 8 COMMISSIONER MOSER: Okay. Well, that would 9 be a concern. 10 COMMISSIONER REEVES: We were on a 11 conference call last week, I believe, first of the week. 12 Our representative from Armko was here with us, we were 13 on a conference call with TAC. They had sent special 14 consultants down here to look at it. And we're all in 15 agreement that it can lessen the cost from the combing, 16 so as Mr. Hastings said at this time he feels like, and 17 I'm in concurrence and I think everybody else is, to 18 reject all the bids, re scope the job, including the 19 roofs, and then go out for bids with maybe a little 20 longer window, which will possibly get us a better price. 21 COMMISSIONER MOSER: I would just encourage 22 that any contact to say, you know, some period of time 23 time after the combing, to make sure that there's no 24 Freonics, because those systems are probably Freon. 25 That's unbelievable expensive. 17 1 JUDGE POLLARD: All right. Is there a 2 motion? 3 COMMISSIONER REEVES: I make a motion to 4 reject all bids previously submitted for the countywide 5 reroofing and HVAC replacement/repairs from the 2016 6 hailstorm, and authorize the County Engineer to update 7 the scope and the bids specifications to be presented at 8 a later date. 9 MR. BELEW: I second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Reeves, seconded by Commissioner Belew to reject all of 12 the bids that were submitted, and in relation to item 1.2 13 on the agenda. And that was the sealed competitive bids 14 for the countywide reroofing and HVAC repairs from the 15 2016 hailstorm, and is there any further discussion 16 regarding that motion? There being none, those in favor 17 of the motion signify by raising their right hands. It's 18 four zero, unanimous. 19 Item 1.3 on the agenda is consider, discuss 20 and take appropriate action for the Court to approve a 21 final plat for Harper Estates situated in Precinct 4. 22 Mr. Hastings again. 23 MR. HASTINGS: Thank you. Owners/developers 24 J & DMC management LLC previously submitted a preliminary 25 plat for proposed lot 64.64 acre subdivision off of KC 18 1 476 in Precinct 4. The Court approved the preliminary 2 plat on December 12th, 2016. That was order number 3 35904. This plat is the first phase of the concept plan 4 that was approved October 11th, 2016. The Court order 5 35807 when this was previously named Oak Hills Ranch. 6 The plat includes a new road, Jenna Lane, to be owned and 7 maintained by the County, which has been constructed and 8 in conformance with standard specifications. The owner 9 submitted a check in the amount of 75 hundred dollars to 10 cover the cost of the cattle guard to be installed. 11 Currently there's a gate that's keeping the animals from 12 going in and out. Approval of the final plat will begin 13 the one year maintenance for the road. A check in the 14 amount of 9 thousand dollars, which is 30 percent of cost 15 of construction of the road, has been submitted as a 16 financial guarantee for the one year maintenance period 17 required for the road. At the conclusion of such one 18 year maintenance period the County Engineer will request 19 the Court accept Jenna Lane for maintenance. That will 20 be next year, I'll come back in 12 months. All lots will 21 be served by private wells and OSSF. All lots meet the 22 minimum requirements for acreage and road frontage. 23 Portions of some lots are within floodplain and must meet 24 floodplain development requirements at the time their 25 house gets constructed or they develop it. 19 1 The County Engineer requests the Court 2 approve the final plat for Harper Estates, Precinct 4. 3 JUDGE POLLARD: Any questions or comments? 4 COMMISSIONER REEVES: I have one comment. 5 We are receiving additional right-of-way with this plat 6 in case that -- the road, which is actually designated as 7 KC 476, this road starts in Kimble County and then down 8 the road it's in the Kerr County part, but we did receive 9 additional right-of-way. I concur with Mr. Hastings, and 10 move to approve the final plat of Harper Estates. 11 COMMISSIONER LETZ: Second. 12 JUDGE POLLARD: All right, it's been moved 13 by Commissioner Reeves, seconded by Commissioner Letz to 14 approve the final plat for Harper Estates, this is in 15 pursuance to item 1.3 on the agenda. Any questions or 16 comments right now? I have one question. If it starts 17 in Kimble County, and I've been told by Judge Roberts 18 there that they don't have any class 1 roads, all of them 19 are class 3 roads, the whole County. If that road starts 20 there, is it going to be built to specs for Kimble County 21 and the Kimble County part, or in Kerr County? 22 COMMISSIONER REEVES: All of the road that 23 we're concerned with is in Kerr County. KC 476, which 24 leads to this comes off of Highway 290 is unpaved, and 25 their Kimble County maintained road is unpaved. Then at 20 1 the County line the road gets tremendously better. 2 JUDGE POLLARD: Okay. Any further comments 3 or questions? 4 COMMISSIONER BELEW: I am going to have a 5 sign telling them which road is better. 6 COMMISSIONER REEVES: Since County 7 maintenance ends, and it's a very nice paved road starts. 8 MR. BELEW: Make sure we get credit for 9 that. 10 JUDGE POLLARD: Well, just so the people 11 know, I've been told by Judge Roberts that their tax base 12 in Kimble County, out of 254 counties, they're about in 13 the 240's. Their tax base is very near the very bottom, 14 and they struggle down there, and I can tell you they're 15 not happy with unfunded mandates either. Okay. 16 COMMISSIONER BELEW: You gotta theme going. 17 JUDGE POLLARD: I've go a theme going. All 18 right, any further comments? If not, those in favor of 19 the motion signify by raising their right hands. It's 20 four zero, unanimous. 21 All right, item 1.4 on the agenda. 22 Consider, discuss and take appropriate action for the 23 Court to set a public hearing for 9 a.m. on October 10, 24 2017 for a revision of the plat for lots 72R of Falling 25 Water Subdivision, document number 13-3417. This is 21 1 situated in Precinct 3. Mr. Hastings. 2 MR. HASTINGS: The owner of lot 72R for 3 Falling Water Subdivision wishes to subdivide it into two 4 lots. The proposed lots 72R-1 and 72R-2 were originally 5 platted as two lots. They were lot 72 and lot 79KR. 6 Later these lots were combined by a revision of plat. 7 This revision will restore the lots as they were 8 originally platted. Lots 72R-1 and 72R-2 will become 9 4.258 and 3.936 acres respectively totaling 8.194 acres. 10 Access to lot 72R-2 will be through lot 79KN, block 1, 11 which is located in Kendall County. A note has been 12 placed on the plat that no more than one single family 13 detached dwelling shall be located on lot 72R-1 and 14 72R-2, which is in conformance with Kerr County 15 subdivision regulations. The lots will be served by a 16 public water supply and OSSF. The lots are not in the 17 floodplain. 18 The County Engineer requests the Court set a 19 public hearing for 9:00 a.m. on October 10th, 2017 for a 20 revision of plat for lot 72R of Falling Water 21 Subdivision, document number 13-3417, Precinct 3. 22 COMMISSIONER LETZ: I move for approval. 23 COMMISSIONER BELEW: Second. 24 JUDGE POLLARD: Mr. Belew, you second? 25 COMMISSIONER BELEW: Yes. 22 1 JUDGE POLLARD: All right, it was moved by 2 Commissioner Reeves, seconded by Commissioner Belew to 3 approve the revision of the plat for lot 72R of Falling 4 Water Subdivision, document number 13-3417 situated in 5 Precinct 3. Is there any further discussion or comment? 6 COMMISSIONER LETZ: Should be Letz and 7 Belew; not Commissioner Reeves and Belew. 8 JUDGE POLLARD: Okay. All right, moved by 9 Commissioner Letz then. 10 COMMISSIONER BELEW: It's his territory. 11 JUDGE POLLARD: All right, is there any 12 further comment? There being none, those in favor 13 signify by raising your right hands. You need to know 14 that right my right ear, I can hear a little bit out of 15 that, and that's my best ear. Okay, you're on my left 16 side. 17 Item 1.5 consider, discuss and take 18 appropriate action for the Court to set a public hearing 19 for 9:10 a.m. on October 10, 2017 for the revision of the 20 plat for lots 2R, 3, 35 and 36 of River Park Estates of 21 record in volume 4, page 42, I'm sure that is of the Plat 22 Records of Kerr County, Texas, and that's document number 23 12-3256, all situated in Precinct 3. Mr. Hastings. 24 MR. HASTINGS: Thank you. The owners of 25 lots 2R, 3, 35 and 36 of River Park Estates wish to 23 1 revise the existing lots. Lot 2R and Lot 3 will be 2 combined into Lot 2R-1, 1.839 acres. Lots 35 and 36 will 3 change an interior boundary line revising Lot 35 to Lot 4 35R, 2.197 acres, and Lot 36 into Lot 36R, 2.175 acres. 5 Lots 2R and 36 are partially within the floodplain and 6 must meet floodplain requirements. The lots will be 7 served by private water wells and OSSF. And they'll meet 8 the requirement at the time that they apply for a 9 floodplain permit. That's not a part of this plat. 10 The County Engineer requests the Court set a 11 public hearing for 9:10 a.m. on October 10th, 2017 for 12 the revision of plat for Lots 2R, 3, 35, and 36 of River 13 Park Estates, Volume 4, Page 42, and document number 14 12-3256, Precinct 3. 15 COMMISSIONER LETZ: Move for approval. 16 JUDGE POLLARD: Is there a second? 17 COMMISSIONER MOSER: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Letz, I did hear you this time, seconded by Commissioner 20 Moser to approve item 1.5, and that is to set a public 21 hearing for 9:10 a.m. On October 10, 2017 for the 22 revision of the plat of lots 2R, 3, 35, 36 of River Park 23 Estates, Volume 4, Page 42 of the Plat Records of Kerr 24 County, Texas, and document number 12-3256. Is there any 25 further comment or discussion? There being none, those 24 1 in favor of the motion signify by raising their right 2 hands. It's four zero, unanimous. 3 Item 1.6, which is a timed item for 9:20 4 a.m. consider, discuss and take appropriate action for 5 the Court to adopt a Resolution of Kerr County, Texas 6 authorizing the submission of hazard mitigation 7 assistance grant application for the Center Point and 8 River Road flood control project and the procurement of 9 an administrative consultant and engineering services for 10 the development and subsequent implementation of the 11 grant contingent upon award. Mr. Hastings. 12 COMMISSIONER MOSER: Judge, let me interrupt 13 here. I'd like to postpone this, take this off the 14 agenda. The reason being we were trying to rapidly get 15 this application submitted, because there were no other 16 presidential declarations for emergencies like that's 17 been signed for Harvey. And the highway department has 18 delayed their work on Highway 27 for a year, so I would 19 like to come back and we reapply for this next year. 20 JUDGE POLLARD: And there's probably no 21 money left after Harvey. 22 COMMISSIONER MOSER: There may not be, but 23 anyway -- so I would move that we take that off the 24 agenda. 25 JUDGE POLLARD: All right, we'll pass that 25 1 item number. 2 Item 1.7 consider, discuss and take 3 appropriate action on closure of the Juvenile Detention 4 Facility. This includes but is not limited to transfer 5 of resources, equipment and supplies of the Kerr County 6 Juvenile Board. Additionally, discussion of future uses 7 of the facility may be discussed. Mr. Davis. 8 MR. DAVIS: Good morning, Your Honor, 9 commissioners. As we begin making preparations for the 10 closure of the building there's gonna be some items that 11 we would probably be able to utilize with the Juvenile 12 Probation Department, and I'm going to have get with the 13 Auditor and probably come up with a specific itemized 14 list of these items. To give you an idea, handcuffs, 15 shackles, office equipment, training equipment, and then 16 there are the two vehicles. Those would be the items of 17 monetary value. Again, I'm not asking any action today; 18 just kind of a planning stage. I'll probably be coming 19 back in a couple weeks and looking at this and give you 20 some more specific details. 21 The process would be this Court would have 22 to relinquish those items and turn them over to the 23 Juvenile Board, because they would come under the 24 operation of Juvenile Board. Another issue is going to 25 be, and I'm going to have to defer to the County Attorney 26 1 on this. I haven't spoken with her about this yet, so 2 I'm kind of blind siding her, so again no action today, 3 just kind of a heads-up because we're going to have 4 juvenile case files, those case files are again currently 5 under the operational authority of this Court. We're 6 probably going to look at possibly transferring those to 7 the Juvenile Board, or to the clerk's office. That's 8 going to be a decision that we'll be faced with in the 9 future. We're also going to have personnel files for all 10 of our staff, and people that come into the building. 11 We'll go back, look at that also as far as will we be 12 transferring them to HR maintenance, or will be 13 transferring them to the Juvenile Board. 14 I will tell you at this point the juvenile 15 records, the State has never recognized the separation 16 between the juvenile facility and the Juvenile Board. 17 They do that out of courtesy, but as far as they're 18 concerned all the juvenile records have always been under 19 the operational control of Juvenile Board, even though 20 they've been housed in the juvenile facility. These are 21 a couple items that are going to be coming up, and I 22 needed to see if there's any direction on this that you 23 have for me. Any do's or don't's before we begin this 24 process. 25 Lastly, and I will just hit on this a little 27 1 bit. I did receive a call -- I know that the Judge is 2 aware, and Commissioner Reeves, I believe you are, last 3 week, the week before, from an individual that said he is 4 interesting in possibly leasing the building for a 5 private venture, and that was -- I did receive a phone 6 call, and he said he would be getting back with me, or to 7 possibly the Judge, and I have not heard anything from 8 him at this point. 9 COMMISSIONER MOSER: Judge, I have a 10 question. Did we take action on making the decision to 11 close the facility. I know we have it in the budget to 12 save $350,000.00, but was there any action the Court 13 took? 14 JUDGE POLLARD: The Court Attorney nods yes. 15 MRS. STEBBINS: Yes, Sir. 16 COMMISSIONER MOSER: Okay, so we took action 17 okay we're going to close that facility. One other 18 question, if I may, just to refresh my memory if you 19 will. How many juveniles are out there average total, 20 and how many from Kerr County out of that average? 21 MR. DAVIS: 13. Average daily population is 22 about 13, roughly six of those will be Kerr County kids. 23 JUDGE POLLARD: Six you say. 24 MR. DAVIS: Six to seven of average daily 25 population. 28 1 JUDGE POLLARD: And the maximum capacity is? 2 MR. DAVIS: 25. 3 COMMISSIONER BELEW: I have two questions. 4 MR. DAVIS: Yes, Sir. 5 MR. BELEW: One is the person interested in 6 leasing, is it for the entire facility or -- 7 MR. DAVIS: I do not know. I know he's 8 definitely interested in the newer of the two buildings. 9 As far as the older building that's currently being 10 occupied by the Sheriff. There was no discussion as to 11 which property. He was asking about the status of the 12 new building, the newer building, and I advised him that 13 it is extremely well maintained. And this individual 14 actually works for a state agency, so he knows the 15 individual who are coming in, the auditors, and he's 16 already aware of the fine quality of the building. It's 17 in very good shape. 18 COMMISSIONER BELEW: And the second question 19 is have you done some investigating to see where our Kerr 20 County kids might go? 21 MR. DAVIS: Yes, Sir. We have contracts in 22 place. The Juvenile Board has approved. We have 23 contracts in place currently with Hayes County, Guadalupe 24 County, Atascosa County, Tom Green County, and we've have 25 a contract that's coming from Val Verde. So we already 29 1 have four of those in place now. We also have a contract 2 in place for the Rockdale Facility. That would be one we 3 probably not want to use initially, but we do have 4 contracts and they're set up, and approved as of last 5 week. The Juvenile Board met at that time, so those are 6 already in place if should we need to move our kids, and 7 just as kind of a piggyback on that the County Attorney 8 and Commissioner Reeves, thank y'all for your help. We 9 did sign a contract with Atascosa County to take their 10 kids over the weekend should they had to evacuate, and 11 Cameron County was also looking at that, we're in close 12 conversation with both of those counties. Fortunately, 13 we have not had to receive any of those kids, but we are 14 also on standby with Atascosa and Cameron Counties. 15 JUDGE POLLARD: Jason, refresh my memory, 16 what do we charge these other counties per day? 17 MR. DAVIS: Yes, Sir, 95 dollars a day. 18 JUDGE POLLARD: In a recent conversation 19 with Judge Hurley. That's what he said they were 20 charging in Atascosa down there. 21 MR. DAVIS: That's my understanding is it 22 would be -- 23 JUDGE POLLARD: All right, and what do the 24 other counties charge like us, Hayes and -- 25 MR. DAVIS: San Angelo's 98 dollars a day. 30 1 Guadalupe, I believe, is 95 dollars a day, and Hayes, 2 I'll have to look. We actually have one kid there now we 3 had to move up for security reasons. I believe they're a 4 hundred dollars a day. I'd have to go back and look at 5 the contract. But 95 a day -- in fact Atascosa -- 6 JUDGE POLLARD: That's roughly an average. 7 MR. DAVIS: Right. Atascosa's been 85 a 8 long time and they recently raised to 95. And most of 9 the other's are 95, 98 dollars, somewhere in that range. 10 JUDGE POLLARD: Atascosa facility is pretty 11 new, isn't it? 12 MR. DAVIS: I've never been in the building 13 so I'm not sure. I know they're running very low 14 occupancy, they're not doing nearly the business that we 15 are right now. So I think they're waiting for us to 16 close down so they can snap some of our kids over there, 17 but I have never been in the facility. Tom Green, 18 Guadalupe, Hayes County, I have been in those. 19 JUDGE POLLARD: Thank you. Well, anything 20 else? 21 MR. DAVIS: No, Sir. I'll get with the 22 County Attorney and Auditor and come back. 23 JUDGE POLLARD: Item 1.8 -- 24 COMMISSIONER REEVES: Judge, we've got 25 several timed items that we're over on, 1.10. 31 1 JUDGE POLLARD: All right. Consider, 2 discuss and take appropriate action to approve the 2018 3 budget for the 911 Board. Mr. Del Toro. 4 MR. DEL TORO: Good morning, Judge. Good 5 morning, Commissioners. I'm here to ask your approval 6 for our 2018 budget. Just briefly touch the highlights. 7 Revenue is down 3.85 percent from last year, from 8 $416,000.00 to $400,000.00, and that is due to wire 9 lines -- 10 JUDGE POLLARD: Appreciate that, that will 11 help in view of all these unfunded mandates that I want 12 to keep on reminding the public. 13 MR. DEL TORO: There's a few that hit 911 as 14 well, and I don't like them either. Our payroll expense 15 has seen an increase of 4.1 percent. Operations a 16 decrease of 5.31 percent. And a large part of that is 17 due in part to the City of Kerrville and current 911 18 reaching an agreement. There are no longer charging us 19 rent to house the piece-out equipment. 20 Our direct service and office supplies etc., 21 they that saw a decrease of 4.08 percent. And 22 miscellaneous, I cut that the most at 13.47 percent over 23 last year. I'll be happy to answer any questions. 24 COMMISSIONER MOSER: I think -- I looked at 25 the budget. Bottom line is decreased the budget from 32 1 416,000 to 400,000 thousand in balanced budget. 2 MR. DEL TORO: Yes, Sir. 3 COMMISSIONER MOSER: Is there any 4 recognition in the state of 911 districts for outstanding 5 or whatever the ata boys -- 6 MR. DEL TORO: Not that I'm aware of. 7 COMMISSIONER MOSER: We need to get one of 8 those so you can win it. But you and Bill Amerine have 9 done a superb job, congratulations on this budget 10 reducing by that much. 11 MR. DEL TORO: Yeah. We're keeping our rate 12 the same 50 cents a month. Just because our revenues are 13 down, I see no need to raise taxes, we'll just tighten 14 the belt, we'll work with what we have. 15 COMMISSIONER MOSER: Judge, I move for 16 approval of the 2018 budget for the Kerr 911 as presented 17 by Mark Del Toro. 18 COMMISSIONER BELEW: Second. 19 JUDGE POLLARD: All right, it's been moved 20 by Commissioner Moser, seconded by Commissioner Belew to 21 approve the 2018 budget of Kerr 911 Board as presented by 22 Mr. Del Toro on the agenda today. This is in regard to 23 item 1.10 on the agenda. Is there any further comment or 24 discussion? There being none, those in favor of that 25 motion signify by raising their right hands. It's four 33 1 zero, unanimous. Thank you very much, Mr. Del Toro. 2 JUDGE POLLARD: Item 1.11 consider, discuss 3 and take appropriate action for the Court to set a public 4 hearing for 9:30 a.m. on October 10, 2017 for revision of 5 the plat for lots 16 and 17 of Elm Pass Ranch, east side 6 of Kerr County. The old-timers call that Elem(phonetic) 7 Pass, which is of record in Volume 3, page 82. That's in 8 Precinct 2. Mr. Hastings. 9 MR. HASTINGS: Thank you. The owner of lots 10 16 and 17 of Elm Pass Ranch wishes to combine existing 11 lots 16 and 17 into lot 17-R, it will 13.94 acres 12 combined. The lot is outside of the special flood hazard 13 area. The lot will be served by a private water well and 14 OSSF. 15 The County Engineer requests the Court set a 16 public hearing for 9:20 a.m. on October 10th, 2017 for 17 the revision of plat for lots 16 and 17 of Elm Pass 18 Ranch, Volume 3, page 82, Precinct 2. 19 COMMISSIONER MOSER: Move for approval. 20 COMMISSIONER REEVES: Second. 21 JUDGE POLLARD: Been moved my Commissioner 22 Moser, seconded by Commissioner Reeves to approve, in 23 regard to item 1.11 on the agenda, for a setting of a 24 public hearing at 9:30 a.m. on October 10, 2017 for 25 revision of the plat for lots 16 and 17 of Elm Pass 34 1 Ranch. That plat being in Volume 3, page 82 of the plat 2 records of Kerr County, Texas. Any further questions or 3 comments or discussion? There being none, those in favor 4 of the motion signify by raising their right hands. It's 5 four zero, unanimous. Thank you, it passes. 6 Item 1.12 consider, discuss and take 7 appropriate action for the Court to set a public hearing 8 for 9:30 a.m. on October 10, 2017 for the revision of the 9 plat for lots 114A and 114B of Falling Water Subdivision 10 of record in Volume 7, page 37 of the Plat Records of 11 Kerr County, Texas, situated in Precinct 3. Mr. 12 Hastings. 13 MR. HASTINGS: The owner of lots 114A and 14 114B of Falling Water Subdivision wishes to combine the 15 two existing 10.27 acre lots into one 20.54 acre lot. 16 The proposed lot 114R will be more than 20 acres and is 17 in conformance with Kerr County subdivision regulations. 18 The lot is not in the floodplain. 19 The County Engineer request the Court set a 20 public hearing for 9:30 a.m. on October 10, 2017 for a 21 revision of plat for lots 114A and 114B of Falling Water 22 Subdivision, Volume 7, page 37, Precinct 3. 23 JUDGE POLLARD: Any comments or questions? 24 COMMISSIONER LETZ: Move for approval. 25 COMMISSIONER REEVES: Second. 35 1 JUDGE POLLARD: Been moved by Commissioner 2 Letz, seconded by Commissioner Reeves to approve item 3 1.12 on the agenda, and that is to set a public hearing 4 for 9:30 a.m. on October 10, 2017 for the revision of the 5 plat for lots 114A and 114B of Falling Water Subdivision 6 of record in Volume 7, Page 37 of the plat records of 7 Kerr County, Texas, all situated in Precinct 3. Is there 8 any further comment or discussion? There being none, 9 those in favor signify by raising your right hands. It's 10 four zero, unanimous, it passes. 11 All right. Now go back to item 1.8 on the 12 agenda. Consider, discuss and take appropriate action on 13 request to place a storage container at the Hill Country 14 Youth Event Center for 4-H storage. Mr. Walston. 15 MR. WALSTON: Good morning. Thank ya, Judge 16 and Commissioners. Kerr County 4-H is in need of 17 additional storage facilities. And we have found a 18 container, cargo container, that we can purchase and 19 would like to, and place it out in the polo field next to 20 the livestock show containers that are there. It would 21 be at no cost to the County. We'll pay for the transport 22 and the purchase of the container. 23 JUDGE POLLARD: How big is it? 24 MR. WALSTON: It's 40 foot Conex box. 25 COMMISSIONER MOSER: Can that be hidden so 36 1 you can't see it from -- 2 MR. WALSTON: We can paint it camouflage if 3 you like. 4 COMMISSIONER MOSER: No, seriously. I mean 5 seeing that, putting it in the polo field, is that what 6 you're -- 7 COMMISSIONER REEVES: No, no. The back 8 fence. 9 COMMISSIONER MOSER: Oh, I'm sorry, I 10 misunderstood. Okay, that's perfect, that's a good idea. 11 MR. WALSTON: That's where the rest of them 12 are, that's why I -- 13 JUDGE POLLARD: Get a tree hugger to paint 14 flowers or something like that. 15 MR. WALSTON: That's why it's not going up 16 next to our office. 17 COMMISSIONER MOSER: I thought you said by 18 the polo field. 19 COMMISSIONER REEVES: No. It's just in the 20 back. I move for approval. 21 COMMISSIONER LETZ: Second. 22 JUDGE POLLARD: All right, is there a 23 second? 24 COMMISSIONER LETZ: Second. 25 JUDGE POLLARD: All right, it's been moved 37 1 by Commissioner Reeves, seconded by Commissioner Letz to 2 authorize the placement of a storage container being a 40 3 footer, and in a location as described by Mr. Walston 4 here today at the Hill Country Youth Event Center, 5 designed for 4-H storage, and it would be owned by 4-H. 6 Is there any further comment? 7 COMMISSIONER MOSER: So how much does it 8 cost? 9 MR. WALSTON: The cost of the container was 10 a thousand dollars. 11 JUDGE POLLARD: You got a good price on 12 that, didn't you? All right. Ask if they got any more 13 at that price. 14 MR. WALSTON: I've had several people 15 wanting some more of them. The costs as much to get it 16 here as it will to buy it. 17 JUDGE POLLARD: Those in favor of the motion 18 signify by raising their right hand. It's four zero, 19 unanimous. Thank you. 20 Item 1.9 consider, discuss and take to 21 authorize the Maintenance Department to construct a new 22 fence at Kerr County Animal Service. Commissioner Reeves 23 and Tim Bollier, if he's here. 24 MR. BOLLIER: I'm here, Sir. 25 JUDGE POLLARD: Or is that pronounced 38 1 Boyyay(phonetic). I ran into an attorney in Austin 2 spelled the same way and they pronounce it 3 Boyyay(phonetic). You a Bollier or Boyyay(phonetic)? 4 MR. BOLLIER: You're the man, you can call 5 me anything you want. 6 JUDGE POLLARD: All right. 7 COMMISSIONER MOSER: Boyyay(phonetic), yeah, 8 I like that. 9 COMMISSIONER REEVES: I'll start with this. 10 Hearing the budget workshops that the previous director 11 of Animal Services and Environmental Health had received 12 a quote to finish the fencing project along the backside 13 of Animal Services, had received a quote from a 14 contractor, roughly 65 hundred dollars. And I asked Mr. 15 Bollier if Maintenance Department could do it, he said 16 yes, they built the first part. He went out to get price 17 quotes of the materials to construct that. We can 18 construct it. The materials will be $3,201.50 plus 19 $85.00 for the rental of an air compressor to put the 20 holes in? I believe, Mrs. Doss, we do have approximately 21 ten thousand in capital improvements for Animal Services 22 remaining? 23 MRS. DOSS: Yes, Sir. 24 COMMISSIONER REEVES: So I feel that it 25 would be worth the cost savings to have maintenance 39 1 construct the fence. Total estimate is $3,286.50. As 2 anybody that's built a fence you usually going to find 3 something that you need that you didn't have in it. I'd 4 like to authorize maintenance to construct a fence, which 5 is approximately 512 feet, and not to exceed 35 hundred 6 dollars in cost. 7 COMMISSIONER BELEW: If I remember right 8 didn't we get an estimate of about seven thousand 9 dollars? 10 COMMISSIONER REEVES: It's in the high 65 11 hundred. We're saving roughly half of it. 12 MR. BOLLIER: I have it here 6720. 13 JUDGE POLLARD: Tim. 14 MR. BOLLIER: Yes, Sir. 15 JUDGE POLLARD: You guys be able to get to 16 everything that you're supposed to do as regular 17 maintenance around the courthouse and the county 18 facilities? I mean we come up with special projects for 19 you, but is it interfering with any of your other duties, 20 y'all spread too thin, what's the deal? 21 MR. BOLLIER: No, it'll be fine, Sir. Like 22 I was telling Commissioner Reeves it's not going to be a 23 week or two that I get done with it because of my extra 24 duties, but I expect we can do it in at least three 25 weeks, three to four weeks, and be completely done with 40 1 it, with all my extra duties, and if something comes up 2 we'll -- my priorities, I will get done before I work on 3 that fence. 4 JUDGE POLLARD: With your principal duties? 5 MR. BOLLIER: Yes, Sir. 6 COMMISSIONER MOSER: Including cutting down 7 the tree before it falls on Harley Belew's truck. 8 MR. BOLLIER: Yes, Sir. I'll have that done 9 next week hopefully, Commissioner Reeves -- I mean 10 Commissioner Moser. 11 JUDGE POLLARD: All right. Do we have a 12 motion? 13 COMMISSIONER REEVES: My motion was to 14 authorize maintenance to construct the fence. 15 JUDGE POLLARD: Okay, and that was 16 seconded -- 17 COMMISSIONER REEVES: And not to exceed 18 $3,500.00. 19 COMMISSIONER LETZ: I think I seconded. I 20 don't know. 21 JUDGE POLLARD: Did you? 22 COMMISSIONER LETZ: Yes. 23 JUDGE POLLARD: All right, been moved by 24 Commissioner Reeves, seconded by Commissioner Letz to 25 authorize the County Maintenance Department to build a 41 1 new fence out there at approximately 512 feet in length 2 at Kerr County Animal Services at a cost not exceeding 3 3500 dollars. Any further comment or discussion? 4 There being none, those in favor of the motion signify by 5 raising their right hands. It's four zero, unanimous. 6 MR. BOLLIER: Thank you. 7 JUDGE POLLARD: Now we go to item -- it's 8 not ten o'clock yet. Let's go to 1.13 consider, discuss 9 and take appropriate action to approve changing of the 10 polling location in 314 of the Cailloux City Center to 11 Zion Lutheran Church in accordance with chapter 43 of the 12 Texas Election Code. 13 MS. ALFORD: Yes, Sir. I asked the Cailloux 14 about election day on having election day there like we 15 always do when we combine Precinct 3, and they informed 16 me that the Texas State finals for one act play 17 competition is that week and that day, they have several 18 one act plays constantly, so they will have a lot of 19 people in and out of the Cailloux, plus the parking and 20 that and they feel like they won't be able to control the 21 noise for being being able to vote in there. 22 JUDGE POLLARD: And those Lutherans out 23 there have consented to this? 24 MS. ALFORD: Yes, Sir. 25 JUDGE POLLARD: I kind of like the idea, it's 42 1 closer to my house anyway. I mean let's make it 2 permanent, if the Lutherans will consent. All right. 3 COMMISSIONER LETZ: Move for approval. 4 JUDGE POLLARD: Is there a second? 5 COMMISSIONER REEVES: Second. 6 COMMISSIONER MOSER: Second. 7 JUDGE POLLARD: Okay. I think Mr. Moser 8 beat you slightly. 9 COMMISSIONER REEVES: That's fine. 10 JUDGE POLLARD: Moved by Commissioner Letz, 11 second by Commissioner Moser to approve the changing of 12 the polling location at Precinct 314 from the Cailloux 13 City Center to the Zion Lutheran Church in accordance 14 with chapter 43 of the Texas Election Code. Anybody want 15 to volunteer to read that Spanish stuff? 16 MS. DIANE BOLIN: Judge, I have one comment. 17 This is not just for Precinct 314, it's all for Precinct 18 3 for the November election. 19 COMMISSIONER LETZ: May have to put it back 20 on the agenda. 21 MRS. STEBBINS: It says for polling location 22 in that Precinct. 23 JUDGE POLLARD: It is. It does say that. 24 COMMISSIONER MOSER: Right, right, so you 25 can do it. 43 1 JUDGE POLLARD: We can do. In Precinct 3. 2 COMMISSIONER MOSER: Not for. Different 3 preposition. 4 JUDGE POLLARD: Yeah, okay. All right, if 5 there are no further comments or questions, those in 6 favor of the motion signify by raising their right hands. 7 It's four zero, unanimous. 8 All right, item 1.14 consider, discuss and 9 take appropriate action on request from Hill Country 10 Dispute Resolution Center to renew contracts with Kerr 11 County to provide mediation services in Kerr County and 12 for funding. Is Colonel Reaves here? I don't see him, 13 so I'll speak for him. This is a valuable service that 14 they are providing, and I think it's unanimously agreed 15 that it really helps the courts on their dockets. They 16 serve not only Kerr County, but all adjoining counties, 17 and some a little further away than adjoining counties, 18 and they limit their cost. I think the last time I 19 checked with them it was $350.00 for each side, which 20 allowed the people to mediate until 5 p.m., and after 21 that they were charged an additional fee. They're 22 handling a lot of cases and settling a lot. They're 23 about -- oh, they're up in the 80 percent success rate. 24 And it's really a fine service, and they really -- it's 25 well operated. I highly recommend it. 44 1 MRS. STEBBINS: And Mr. Reaves forwarded me 2 the contract before it came up today for y'all. 3 COMMISSIONER LETZ: It's good? 4 MRS. STEBBINS: Yes, Sir. 5 COMMISSIONER LETZ: Move for approval. 6 COMMISSIONER REEVES: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Letz, seconded by Commissioner Reeves to approve the 9 contract -- well, the contract's been -- to approve the 10 contract and to renew the services with Hill Country 11 Dispute Resolution Center with Kerr County to provide 12 mediation services in Kerr County for funding. Any 13 further comment or discussion? By the way, those other 14 counties also are contributing monies out of their budget 15 to use it, so they supplement. 16 COMMISSIONER MOSER: How much do we 17 contribute to that? 18 JUDGE POLLARD: My recollection is 20 19 thousand. 20 MRS. DOSS: Yes, 20 thousand. 21 JUDGE POLLARD: That's what it was last year 22 and it remains the same this year. Unfunded mandates are 23 not affecting that. 24 COMMISSIONER MOSER: They will if they run 25 out of money. 45 1 JUDGE POLLARD: They will, that's true. I'm 2 going to keep reminding people about that. All right, 3 those in favor of the motion signify by raising their 4 right hand. It's four zero, unanimous. 5 Item 1.15 consider, discuss and take 6 appropriate action to appoint Dennis Ferguson as a member 7 of the Kerr County Child Services Board. Mr. Belew. 8 COMMISSIONER BELEW: Your Honor, Dennis 9 Ferguson has expressed the willingness to be part of this 10 Board and to help out, and that's 90 percent of it so I 11 recommend that we appoint him to the Kerr County Child 12 Services Board. 13 COMMISSIONER MOSER: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Belew, and seconded by Commissioner Moser to appoint 16 Dennis Ferguson as a member of the Kerr County Child 17 Services Board. This is in connection with item 1.15 on 18 today's agenda. Any further comments or discussion? 19 There being none, those in favor signify by raising your 20 right hand. It's four zero, unanimous. 21 Item 1.16 consider County and take 22 appropriate action to approve Amendment Number 1 to the 23 County Hog Out Management Program also known has CHOMP 24 and authorize the Judge to sign same. Commissioner 25 Reeves. 46 1 COMMISSIONER REEVES: Yes, Sir. As you will 2 recall last year we received a grant in the amount of 3 $22,500 dollars the from Texas Department of Agriculture 4 for feral hog eradication. We did not spend all of the 5 funds; we still have roughly half of it left to spend. 6 Texas Department of Agriculture has extended the term. 7 Originally it was to expire August 1 -- or I'm sorry, 8 August 31 of this year, and they've extended it to April 9 30, 2018 in order for us to use the remainder of the 10 funds. 11 And at this time, I would like to make a 12 motion to approve Amendment Number 1 to the County Hog 13 Out Management Program and authorize the County Judge to 14 sign. 15 JUDGE POLLARD: Kerr County Attorney just 16 nodded to me that she's approved the contract. 17 MRS. STEBBINS: Yes, Sir. 18 JUDGE POLLARD: Is there a second? 19 COMMISSIONER LETZ: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Reeves, seconded by Commissioner Letz to approve the 22 Amendment Number 1 to the County Hog Out Management 23 Program known as CHOMP, and extending that time to spend 24 those funds. They were sent to us last year. We still 25 have about half of them left and they're extending them 47 1 to April 13, 2018. Any further comments or questions? 2 COMMISSIONER BELEW: I have a question. Why 3 wasn't it all used? 4 COMMISSIONER REEVES: Just the number of 5 bounties that were turned in were not -- and it actually 6 hadn't been sent to we pay and get reimbursed, and there 7 were some issues on finally getting a contract with some 8 trapping organizations leveled out, in time they were 9 leveled out the terms of the contract had been expired. 10 So that once everything has been worked out now those 11 funds can start to be expended. And incidentally Mr. 12 Walston and I did meet with UGRA this past week and 13 during their budget negotiations and it looks like 14 because of the danger that feral hogs are giving -- are 15 creating with the waterways, they are budgeting some 16 money to also supplement this to further the endeavor. 17 COMMISSIONER BELEW: And we have people 18 ready to go now? 19 COMMISSIONER REEVES: Yes, yes. 20 COMMISSIONER MOSER: So we did not spend the 21 money for lack of hogs? 22 COMMISSIONER REEVES: No, no. I believe Mr. 23 Walston did some figuring, just to stay even on the hog 24 population we need to get about 15 hundred killed a year, 25 and we were only about 25 percent of -- well, we were at 48 1 about five hundred, so hopefully with UGRA's money we can 2 -- and that's just to stay even. 3 COMMISSIONER LETZ: There is a new product 4 that's under review right now Sodium Nitrate. This will 5 be, they believe, will be another tool to help eradicate 6 them. 7 COMMISSIONER MOSER: What does it do? 8 COMMISSIONER LETZ: It's a very selective 9 poison. 10 COMMISSIONER BELEW: It doesn't harm other 11 animals. 12 COMMISSIONER LETZ: It doesn't harm other 13 animals. It's not like the one that was released 14 prematurely, the Warfarin. This has been researched at 15 the Kerr Widlife Management area, I don't know for about 16 ten years probably, and it's a after a public comment to 17 select agencies right now. So hopefully it will be 18 approved. 19 JUDGE POLLARD: I just attended a judicial 20 conference on probate and mental health in San Antonio, 21 which was supposed to last until noon Saturday, and 22 they -- Harvey caused us to stop early at 3:15 on Friday, 23 but anyway I was visiting with some of the County Judges 24 in there, and one of them related to me an incident where 25 one of his citizens in his County just a little bit 49 1 further south of here was chased through a pasture by one 2 of these hogs, so I want to emphasize to you that you 3 don't want to break your let or become unable to motivate 4 in a pasture because if you do if fire ants don't get you 5 the hogs will, and they're going to eat ya, so it's an 6 important issue. We need to control this hog population. 7 Let me also comment, I barbecue a lot. And the public 8 can help a lot on this, too, that you can demand more, 9 the feral hog meat, it's good, good barbecue, man. They 10 barbecue up really good, I recommend it. 11 All right, no further comments on it those 12 in favor of the motion signify by raising your right 13 hand. It's four zero, unanimous. 14 COMMISSIONER MOSER: You need to barbecue 15 24-7. 16 JUDGE POLLARD: I know it. So eat them 17 before they eat us, okay. 18 All right, we have a ten o'clock timed one, 19 it's 1.18 public hearing on a proposed Kerr County and 20 lateral road 2017 tax rate. Miss Bolin, would you like 21 to announce this right quick, and talk about a little 22 background on it? 23 MS. DIANE BOLIN: I hadn't planned on it. 24 It's a public hearing. 25 JUDGE POLLARD: I know, but just get up and 50 1 tell us little bit about what that proposed rate is to 2 remind people that hadn't been keeping up, and just a 3 little brief comment about it. 4 MS. DIANE BOLIN: Okay. I need to pull it 5 out here. Okay, the proposed tax rate for this year -- 6 where did it go. The calculated effective tax rate was 7 .4484, our Rollback Rate is .5297. Last year's rate was 8 .50, the proposed rate is .51. That's what we're having 9 a hearing on today is the .51. 10 JUDGE POLLARD: All right, any further 11 comments or questions about that? If not then is there 12 a motion? 13 COMMISSIONER LETZ: It's a public hearing. 14 JUDGE POLLARD: All right, and is there a 15 second? 16 COMMISSIONER LETZ: It's just a public 17 hearing. 18 COMMISSIONER MOSER: It's a public hearing. 19 COMMISSIONER REEVES: No action to be taken. 20 JUDGE POLLARD: All right. 21 COMMISSIONER MOSER: Let me ask a question 22 if I may of Diane. Let's see, we have another public 23 hearing -- 24 MS. DIANE BOLIN: Yes, Sir. 25 COMMISSIONER MOSER: -- correct? On our tax 51 1 rate, and then we vote on the budget and the tax rate -- 2 COMMISSIONER MOSER: -- on the 25th of 3 September. 4 MS. DIANE BOLIN: Yes, Sir. 5 JUDGE POLLARD: Anybody else wishing to 6 speak on this, on the public hearing? If not, I declare 7 the public hearing closed. 8 All right, let's go to item 1.17 -- 9 MS. DIANE BOLIN: Judge -- 10 JUDGE POLLARD: Consider, discuss -- 11 MS. DIANE BOLIN: I gave you that sheet, 12 it's required -- 13 JUDGE POLLARD: Oh, that's right. The 14 second public hearing for the 2017 Kerr County tax rate 15 will be held at 10 a.m. on September 11, 2017. At that 16 time, we will adopt the 2017 tax rate at 10 a.m. -- no, 17 at a different time. On September 25th, 2017 we'll adopt 18 that tax rate. All right, that's for purposes of 19 notifying the public pursuant to the statute. 20 All right, let's move on to item 1.17 21 discuss and take appropriate action to approve fiscal 22 year 18-19 Interlocal Agreement with Lubbock County for 23 the regional public defender for capital cases program. 24 That's something that we have done every year, and it's 25 well worth the money on that. What happens is with all 52 1 the counties share in it, and if you get a capital case 2 it really wrecks your budget, you know. They all share 3 it, and it's a good program, and I highly recommend it. 4 And the County Attorney has looked at that -- 5 MRS. STEBBINS: Yes, Sir. 6 JUDGE POLLARD: -- and has approved it. 7 MRS. STEBBINS: Yes, Sir. 8 JUDGE POLLARD: Is there a motion? 9 COMMISSIONER REEVES: One question. This is 10 fiscal year 18-19. Are we approving this in advance, 11 because aren't we going into fiscal year 17-18? 12 COMMISSIONER BELEW: We already have an 13 agreement for that? 14 COMMISSIONER REEVES: That's what I'm 15 asking. 16 MRS. STEBBINS: I don't know when our last 17 agreement is. We have an agreement with them now. 18 COMMISSIONER REEVES: I'm just asking if we 19 -- 20 COMMISSIONER LETZ: The request is 18-19. 21 COMMISSIONER REEVES: And the contract says 22 18-19. I just want to make sure we're covered for 17-18. 23 MRS. STEBBINS: I think that it's correct, 24 because it refers to general revenue appropriated by the 25 85th Texas Legislature, and provides that they may 53 1 consider additional mechanisms for funding during years 2 2018 and '19. 3 COMMISSIONER REEVES: Just so we're good on 4 it. 5 MRS. STEBBINS: I think that it's correct, 6 Sir. 7 COMMISSIONER REEVES: Okay, thank you. 8 JUDGE POLLARD: All right. Do we have a 9 motion on the floor? 10 MRS. STEBBINS: I think it's correct. 11 JUDGE POLLARD: Okay. Those in favor of 12 motion signify by raising their right hands. 13 COMMISSIONER BELEW: I don't think we did a 14 motion. 15 COMMISSIONER REEVES: We did not do a 16 motion. 17 JUDGE POLLARD: Okay, we need a motion. 18 COMMISSIONER REEVES: I make motion to 19 approve the Interlocal Agreement with Lubbock County for 20 fiscal years 18-19 for the Regional Public Defender for 21 capital cases and authorize County Judge to sign. 22 JUDGE POLLARD: Okay. Is there a second, 23 Mr. Letz? 24 COMMISSIONER LETZ: Sure. Second. 25 JUDGE POLLARD: All right, moved by 54 1 Commissioner Reeves, seconded by Commissioner Letz to 2 approve the 18-19 Interlocal Agreement with Lubbock 3 County for the Regional Public Defender program for the 4 capital cases program. Is there any further comment? 5 There being none, those in favor signify by raising your 6 right hand. 7 MRS. STEBBINS: It is a two-year contract by 8 the way. 9 COMMISSIONER LETZ: Just to clarify, the 10 Interlocal Agreement shall become effective October 1, 11 2017 and continue through September 30, 2018. 12 Thereafter, shall renew automatically each October for a 13 successive one-year term through September 30, 2019. 14 COMMISSIONER BELEW: So does that mean 15 really we would only vote to discontinue it, and 16 automatically renewing it, so did we do the right thing 17 here? 18 MRS. STEBBINS: Yes, Sir. 19 COMMISSIONER REEVES: Judge, could we have a 20 recess? 21 JUDGE POLLARD: Yeah, let's have a 22 ten-minute recess. 23 (Recess.) 24 JUDGE POLLARD: All right, it's time to go 25 back into session, let's have order in the courtroom. 55 1 Item 1.19 on the agenda. Consider, discuss and take 2 appropriate action to approve the general provisions for 3 the fiscal year 2017-18 budget. Look in our backup 4 material it's there. 5 COMMISSIONER MOSER: Judge, it says approve 6 general provisions. The budget's not in the agenda item, 7 I was wondering what the heck general provisions was. 8 JUDGE POLLARD: How about the wording on 9 that? Anybody can -- 10 COMMISSIONER MOSER: Counsel. 11 COMMISSIONER LETZ: General provisions like 12 the policy. 13 MRS. DOSS: There should be a copy of the 14 general provisions in your backup. 15 COMMISSIONER MOSER: Just my stupidity, just 16 general provisions is the right term. 17 COMMISSIONER LETZ: Yes. That's like 18 calendars and -- 19 COMMISSIONER REEVES: Paying IRS, 20 withholdings -- 21 MRS. DOSS: It's part of the budget. 22 COMMISSIONER MOSER: So that is the right 23 term? 24 MRS. DOSS: It is yes, Sir. 25 COMMISSIONER MOSER: Thank you, that was my 56 1 only question. 2 JUDGE POLLARD: Is there a motion? 3 COMMISSIONER REEVES: I make a motion to 4 approve the general provisions for fiscal year 2017-2018 5 as outlined in the backup material of our agenda. 6 JUDGE POLLARD: Is there a second? 7 COMMISSIONER BELEW: I second. 8 JUDGE POLLARD: Been moved by Commissioner 9 Reeves, seconded by Commissioner Belew to approve the 10 general provisions for the fiscal year 2017-2018 general 11 provisions of the budget I guess it is. All right, is 12 there any further discussion or comment? 13 COMMISSIONER LETZ: I'll make a comment. I 14 mean that we go through these pretty quickly, these are 15 very important, the things like it prohibits people from 16 spending money that's not in their line item, to force in 17 their line item, and I know the Auditor -- 18 MRS. DOSS: That's the Government Code also. 19 COMMISSIONER LETZ: And part of this is 20 there's a number of things in here about salaries and all 21 that stuff, so we go over pretty quickly, but is 22 important. 23 COMMISSIONER REEVES: It spells out about 24 overtime pay, or when you do that, IRS regulations. 25 JUDGE POLLARD: All right, those in favor of 57 1 the motion signify by raising their right hand. It's 2 four zero, unanimous. 3 1.20 consider, discuss and take appropriate 4 action to set public hearing on proposed Kerr County 5 budget for the fiscal year 2017 and '18 at 9:45 a.m. on 6 September 25, 2017, and that's pretty self explanatory. 7 COMMISSIONER LETZ: Move for approval. 8 JUDGE POLLARD: All right, and is there a 9 second? 10 COMMISSIONER MOSER: Second. 11 COMMISSIONER BELEW: Second. 12 JUDGE POLLARD: All right, moved by 13 Commissioner Letz, seconded by Commissioner Moser. 14 They're both throwing it back at each other, so is it 15 Moser? 16 COMMISSIONER BELEW: Yeah. I changed my 17 mind. 18 JUDGE POLLARD: To approve the public 19 hearing being set for 2017-18 budget at 9:45 a.m. on 20 September 25, 2017, all pursuant to item 1.20 on the 21 agenda. Is there any further comment or discussion? 22 There being none, those in favor signify by raising their 23 right hand. It's four zero, unanimous. Thank you very 24 much. 25 Item 1.21 consider, discuss and take 58 1 appropriate action to approve contract with Divide 2 Volunteer Fire Department, and allow the County Judge to 3 sign same. Well, the contract's in there. It's been 4 approved by the County Attorney? 5 MRS. STEBBINS: Yes, Sir. It's unchanged 6 for years. 7 JUDGE POLLARD: Is there a motion? 8 COMMISSIONER REEVES: I move for approval 9 and authorize the Judge to sign the contract with Divide 10 Volunteer Fire Department. 11 COMMISSIONER LETZ: Second. 12 JUDGE POLLARD: Been moved by Commissioner 13 Reeves, seconded by Commissioner Letz to approve the 14 proposed contract with the Divide Volunteer Fire 15 Department, and to authorize the County Judge to sign 16 same. Is there any further comment or discussion? 17 There being none, those in favor signify by raising your 18 right hand. It's four zero, unanimous. 19 Item 1.22 consider, discuss and take 20 appropriate action to approve a memorandum of 21 understanding called an MOU, between Kerr County and Hill 22 Country Council on Alcohol and Drug Abuse Region 8, and 23 allow and authorize the County Judge to sign same. It's 24 in the backup material. Is there a motion? 25 COMMISSIONER MOSER: So move. 59 1 JUDGE POLLARD: Second? 2 COMMISSIONER LETZ: I'll second. 3 JUDGE POLLARD: Moved by Commissioner Moser, 4 seconded by Commissioner Letz to approve the MOU, 5 Memorandum of Understanding between Kerr County and Hill 6 Country Council on Alcohol and Drug Abuse in Region 8, 7 and authorize the County Judge to sign same. 8 COMMISSIONER MOSER: One nit, if I may, in 9 the MOU it's between Hill Country Council on Alcohol and 10 Drug Abuse in Kerr County Court, and I just think between 11 and Kerr County; rather than Kerr County Court. 12 MRS. STEBBINS: You can strike that before 13 you sign it. 14 COMMISSIONER MOSER: Okay, good deal. 15 COMMISSIONER REEVES: Everything else okay 16 with you? 17 MRS. STEBBINS: Yes, Sir. 18 COMMISSIONER REEVES: Thank you. 19 JUDGE POLLARD: All right, if there's no 20 further comments, those in favor of the motion signify by 21 raising your right hand. It's four zero, unanimous, it 22 passes. 23 Item 1.23 consider, discuss and take 24 appropriate action to authorize the County Judge to sign 25 the Xerox lease agreement for the Kerr County Auditor's 60 1 office. Brenda Doss. 2 MRS. DOSS: Yes, Sir. This is -- we have to 3 renew our lease, and the County Attorney -- 4 JUDGE POLLARD: That is if we have any money 5 after unfunded mandates. I just want to keep mentioning 6 that. Okay, go ahead. 7 MRS. DOSS: Actually, this will save us some 8 money. It's supposed to save about a thousand dollars a 9 year, and the County Attorney has reviewed it. 10 COMMISSIONER LETZ: Move for approval. 11 COMMISSIONER MOSER: Second. 12 JUDGE POLLARD: All right, it's been moved 13 by Commissioner Letz and seconded by Commissioner Moser 14 to approve the authorizing the County Judge to sign the 15 Xerox lease agreement for the Kerr County Auditor's 16 office. Any further discussion or comment? This is in 17 regard to item 1.23 on the agenda. There being none, 18 those in favor of the motion signify by raising their 19 right hands. It's four zero, it passes. 20 1.24 consider, discuss and take appropriate 21 action to schedule meetings to approve payroll and pay 22 bills. Brenda Doss. Oh, boy, this is really a -- 23 MRS. DOSS: Do you want to do this, because 24 your name's on it. 25 JUDGE POLLARD: Well, you got the first 61 1 letter out of it, and then I got a call from Judge Hurley 2 down in Atascosa County wanting to know what we were 3 going to do about it, so I got copies of this letter that 4 you had gotten from another County where the issue was 5 raised. Frankly, it says that nobody can pay a bill, any 6 bill in the County, unless the Commissioners' Court has 7 approved it first. And if there were any other 8 arrangements in any other County then there's no 9 authority to do that, and it's caused a real problem 10 because -- 11 MRS. DOSS: It's based on an attorney 12 general opinion that was issued recently, and the summary 13 of it is under Sections 113.041, 115.021, and 115.022 of 14 the Local Government Code, the Commissioners' Court must 15 approve claims and the Treasurer and Auditor do not have 16 the authority to pay claims without Commissioners' Court 17 approval. A Commissioners' Court cannot delegate to the 18 County Treasurer the Commissioners' Court duty and 19 authority to approve payment of county claims. Provided 20 it complies with any statute applicable to the particular 21 subject matter. A Commissioners' Court may review a 22 direct payment of payroll in a meeting called for a day 23 other than the Commissioners' Court regular meeting day. 24 So basically what we're doing now is we do have a court 25 order to pay direct payables, and that court order was 62 1 order number 31701, it was approved on the 26th day of 2 April, 2010, and it directed us to pay through direct 3 payables, which are paid weekly on Fridays, utilities, 4 telephone, payroll taxes, group insurance, workers comp, 5 jury replenish funds, refunds, conference registration 6 fees, travel advances, travel reimbursement, other bills. 7 A delay in payment will incur late charges and other 8 reimbursements incurred by the County Auditor not to 9 exceed a hundred dollars, excluding any items the County 10 Auditor determines would require court approval, so there 11 was quite a leeway of what we could run through direct 12 payable. 13 COMMISSIONER MOSER: So sounds like we're 14 okay. 15 MRS. DOSS: No. Now it's saying we can't do 16 that anymore. Everything has to go through court, and 17 also payroll also was -- it was being taken to Court and 18 approved by court after the fact, and now what they're 19 saying is everything has to be approved before payroll is 20 disbursed and before any bills or claims are disbursed. 21 JUDGE POLLARD: It appears that the Attorney 22 General is forcing us to have more Commissioners' Court 23 meetings more often so we can pay bills promptly. 24 COMMISSIONER MOSER: It's an unfunded 25 mandate? 63 1 JUDGE POLLARD: It's an unfunded requirement 2 as to the Commissioners' Court, I can tell you that. 3 COMMISSIONER BELEW: Does that mean every 4 bill has to be read out, what it is and the price? 5 MRS. DOSS: No. You just have to approve 6 like we do now. 7 COMMISSIONER BELEW: A bundle. 8 MRS. DOSS: Yes. And payroll also. 9 COMMISSIONER BELEW: How is this different 10 then? 11 COMMISSIONER LETZ: Have to do it before. 12 We do some of them before. Payroll we're going to have 13 to meet right before each payroll. 14 MRS. STEBBINS: And Tracy and Brenda got 15 together and put together a particular list of dates that 16 we have to meet for bill paying approval. 17 JUDGE POLLARD: That's just what we need 18 some more Commissioners' Court meetings. 19 MRS. DOSS: It basically takes us meeting 20 once a week, and so Thursdays would be best, because the 21 payroll is disbursed on Fridays. 22 COMMISSIONER MOSER: Can we do it on a 23 second and fourth Monday? 24 MRS. STEBBINS: No, we cannot. 25 MRS. DOSS: It won't work. 64 1 COMMISSIONER MOSER: In advance you can't 2 say we're going to approve it? 3 MRS. STEBBINS: No, because it's not 4 prepared for y'all. 5 SHERIFF HIERHOLZER: It's an attorney 6 general's opinion; it's not a law. 7 JUDGE POLLARD: Well, that's true. My 8 comment, what do we do -- if we don't do it, what'll they 9 do to us? 10 MRS. DOSS: The Local Government Code 11 also -- I mean that's what it says. They're just 12 interpreting the Local Government Code. 13 JUDGE POLLARD: What happens if we keep 14 doing what we're doing? 15 COMMISSIONER BELEW: Somebody would have to 16 file some kind of complaint. 17 MRS. DOSS: And also that's a question for 18 the treasurer. I mean it's an increased liability on her 19 because she is doing something that's not directed by the 20 Court, she's disbursing things that aren't approved to be 21 disbursed. 22 MRS. STEBBINS: And we're doing something we 23 don't have permission to do. 24 MRS. SOLDAN: And they come back and say we 25 never approved that bill. 65 1 COMMISSIONER BELEW: Tracy's trying to fill 2 us in. 3 MRS. SOLDAN: They can come back and say we 4 never approved that bill, and I disbursed that then I'm 5 personally liable for it. 6 MRS. STEBBINS: Which is not nice. 7 COMMISSIONER BELEW: We're okay with that. 8 COMMISSIONER MOSER: You're an elected 9 official. 10 COMMISSIONER LETZ: So is this every 11 Thursday, or does it start -- 12 MRS. DOSS: It's every Thursday. 13 COMMISSIONER MOSER: So Heather, what you 14 said, we can't approve it because they hadn't prepared 15 the bills to be paid. 16 MRS. STEBBINS: Right, it's not ready for 17 you to approve. 18 MRS. DOSS: Payroll has to be accumulated, 19 and then we would have to give you a listing of what our 20 payroll expenses would be, and then you can approve it, 21 and then we could disburse it on Friday. 22 COMMISSIONER BELEW: Now, does it require a 23 quorum or full court? 24 COMMISSIONER REEVES: It does require a 25 quorum. 66 1 COMMISSIONER BELEW: So three of us could be 2 here. 3 MRS. STEBBINS: And they could on Thursday 4 mornings at 9 o'clock limited to paying bills because at 5 9:30 Judge Pollard has Probate Court. 6 MRS. DOSS: And if we could do payroll and 7 budget amendments, because they go along with the bills 8 sometimes. 9 COMMISSIONER MOSER: So it would take a very 10 short time to have a Special Court. 11 MRS. DOSS: Yes. 12 COMMISSIONER BELEW: But if somebody can't 13 be here -- 14 COMMISSIONER MOSER: Why don't we see what 15 the Judge says what if we don't do it, but in the 16 meantime let's plan on doing it. 17 COMMISSIONER REEVES: At AACOG last 18 Wednesday, this was a discussion just in a group of 19 County Judges, Commissioners and everything, and the 20 biggest thing that came out was the personal liability 21 that could be handed down to the treasurer personally. 22 And granted and we can go in and the AG's opinion is not 23 law or anything, but it is in the Government Code, and 24 the personal liability to the treasurer, I don't feel 25 like we should push that off on another official. 67 1 MRS. STEBBINS: And y'all can only do what 2 you're given permission to do by statute. 3 COMMISSIONER BELEW: We have a 4 responsibility to protect every County employee, and so 5 we have to do that. 6 COMMISSIONER REEVES: I would say we just 7 meet every Thursday as outlined. And I think in order to 8 be -- as they said to be understanding that the Judge has 9 probate, that includes Court Reporter, let's not stack 10 things on an agenda because, Jody, if we were to meet at 11 9, you have to have the agenda out by 9 on Monday, 12 correct? 13 MRS. GRINSTEAD: Yes. 14 COMMISSIONER LETZ: So can't put anything 15 else on the agenda. 16 COMMISSIONER MOSER: Can we do something 17 like that, say we're going to meet every week and it's 18 only going to be for -- 19 MRS. STEBBINS: Yes. And you just have to 20 comply with that. 21 COMMISSIONER MOSER: I make a motion that, 22 we, Commissioners' Court meet every Thursday at 9 a.m. 23 for the single purpose of -- 24 MRS. DOSS: Paying bills, approving payroll, 25 and approving budget amendments. 68 1 COMMISSIONER REEVES: Could I amend that, 2 unless that Thursday's a holiday of which we may be 3 partaking of turkey and dressing? 4 COMMISSIONER MOSER: Good deal. 5 MRS. STEBBINS: And in that event do you 6 want to meet on Wednesday? 7 COMMISSIONER REEVES: Preferably, yes, if 8 it's a holiday we meet on the day before. 9 COMMISSIONER MOSER: Right. There you go. 10 MRS. DOSS: Will that work, Tracy? 11 MRS. SOLDAN: Yes. 12 JUDGE POLLARD: So the motion is to meet on 13 every Thursday at 9 a.m. for the purpose of paying bills, 14 by the Attorney General's opinion and the Government 15 Code. 16 COMMISSIONER MOSER: Unless Thursday's an 17 issue. 18 COMMISSIONER REEVES: A holiday. 19 COMMISSIONER BELEW: Is that commencing on 20 the 31st? 21 COMMISSIONER LETZ: There's a schedule in 22 our backup. 23 MRS. STEBBINS: Starting this Thursday. 24 MRS. DOSS: August 31st. 25 MRS. GRINSTEAD: It's too late. 69 1 MRS. STEBBINS: It's too late, so starting 2 next week. 3 JUDGE POLLARD: That's a motion. 4 COMMISSIONER MOSER: Correct. 5 JUDGE POLLARD: Those in favor of the motion 6 signify by raising their right hands. Those opposed like 7 sign. I'm in a negative mood today, to hell with it, I'm 8 voting against it. 9 COMMISSIONER MOSER: I have another up for 10 discussion, another observation. We're not going to 11 approve any unfunded mandate bills that come to this 12 Court. 13 JUDGE POLLARD: I vote for that. 14 COMMISSIONER MOSER: Has to be a bill 15 submitted for unfunded mandates, all shall not be 16 approved. 17 JUDGE POLLARD: Let's talk to Mr. Murr about 18 getting that Government Code amended by the way in the 19 next legislature. 20 MRS. STEBBINS: That's the answer. 21 COMMISSIONER REEVES: It's already, I 22 believe according to Judge Hurley, there's an exception 23 if the population is above a certain level. 24 MRS. DOSS: A hundred 90 thousand. 25 COMMISSIONER REEVES: A hundred and 90. 70 1 Judge Hurley is pushing to lower that exception. 2 MRS. DOSS: But that'll be two years 3 probably until the next session. 4 MRS. STEBBINS: There wasn't a second? 5 MRS. GRINSTEAD: There was no second. 6 COMMISSIONER LETZ: I'll second the motion 7 that Moser made. 8 JUDGE POLLARD: All right, let's vote again 9 on it then. Those in favor of the motion signify by 10 raising your right hand, and I'm opposed. It's four to 11 one, it passes. Let the record reflect that the County 12 Judge votes against it, proudly. 13 Item 1.24 consider, discuss and take 14 appropriate action to schedule meetings -- oh, 1.25 15 consider, discuss and take appropriate action regarding 16 the effects to Kerr County from tropical storm/hurricane 17 Harvey and contract with San Patricio County. 18 Well, it says me, but y'all were in charge 19 of that when I was gone, so bring us up to date. 20 COMMISSIONER REEVES: Let's let the Sheriff 21 bring us up to date on the situation meeting today, and 22 then we can go from there. 23 SHERIFF HIERHOLZER: As you know Kerr County 24 is the what they call point to point contract -- contact 25 with the evacuations and that for San Patricio County. 71 1 San Patricio County covers the cities of Sinton, 2 Engleside, Mathis, Taft and we're that point to point 3 when there's a mandatory evacuation ordered in those 4 counties. By the FEMA requirements those counties would 5 have to reimburse Kerr County for any of our expenses out 6 of that, and that's why Kerr County also did the disaster 7 declaration along with San Patricio County. 8 To start off, I think this County should be 9 extremely proud of the two emergency management 10 coordinators we have, Roger Lampman with the City of 11 Kerrville, and Dub Thomas with the County have been 12 staying on top of this since it started. We have had 13 emergency management meetings 9 a.m. every morning since 14 this has started. I know three of the Commissioners have 15 been at those meetings off and on; not all at one time. 16 But currently, we are as part of the point to point 17 contact we are housing 55 evacuees at a location here. I 18 will not give out the location, I don't think we need to 19 advertise that shelter. We are also housing 19 evacuees 20 at a self-evacuation shelter, being Kerrville Bible 21 Church. The Kerrville Park, or the old Schreiner Park 22 currently has 45 park sites which consist of about a 23 hundred evacuees in those. Those are self evacuees. And 24 the Sid Peterson Hospital is currently taking care of 25 about 16 patients that came from the hospital in Victoria 72 1 that evacuated up here. There are number, as you can 2 probably guess, of other evacuees around town. I myself, 3 I've got friends of ours that were in Rockport, my 4 stepmother's from Rockport, she's in Mathis with two 5 other ones are staying in my trailer here on my property, 6 and they had no idea whether they have anything to go 7 back to yet or not. I have employees that own property 8 in Rockport, and everyone is just kind of waiting to see 9 what's going to happen. But the amazing part, and I 10 think Bob and Jonathan can attest to this that our 11 emergency management people stayed on top of this, and in 12 meetings constantly with conference calls with the State. 13 We have had over 20 some odd pets, dogs at the animal -- 14 or at the AG barn -- 15 COMMISSIONER REEVES: And a dragon. 16 SHERIFF HIERHOLZER: And a dragon. And that 17 was kind of an interesting call from the emergency 18 management. They asked them how many people and all 19 that, and they told them how many people they had, and 20 they had you know four or five dogs, and they said one 21 dragon. And Dub said okay, now that you're pulling my 22 leg, you know, this isn't the Wizard of Oz, where is this 23 dragon, and it actually was beardless lizard is what it 24 is. It was small thank goodness. But they had three 25 horses and a number of cats, some of those are gone. But 73 1 the people with Animal Services and the Constables, and I 2 just -- it's totally remarkable if you sat in on these 3 morning meetings with the City of Kerrville, Police 4 Chief, their City Manager, Schreiner University people, 5 Sid Peterson Hospital people, our people, Animal 6 Services, I mean you name it. Those people -- Red Cross 7 has done remarkable, the Salvation Army has been feeding 8 all these, they used the old armory, the veteran's deal 9 over there. As a point of distribution for a lot of the 10 cots and that for our whole region. 11 I mean what Kerr County and the City of 12 Kerrville are doing jointly together through this 13 disaster is totally remarkable. And I think the County 14 and City have a lot to be proud of in what those 15 emergency management coordinators have been able to do 16 and keep organized. And we'll get through it. 17 We're still waiting to see what's going to 18 happen with Houston. A lot of calls this morning, 19 there's mandatory evacuations there now. The problem is 20 I-10 is closed about Guadalupe County, you cannot get 21 through I-10, so they couldn't even get them up here if 22 they wanted to. There's a lot of assets waiting to get 23 down there, but the problem is some of them can't even 24 get down there because of the road conditions. I mean 25 most of the roads coming out of that area, I think 74 1 there's like a hundred and 80 different roads coming out 2 of that area that are closed now, so they're just there. 3 Most of that's trying to go a little bit more towards 4 Dallas area trying to get them evacuated up through 5 there, but it's just trying to get them. 6 I mean they're looking at Ben Taub Hospital, 7 which a lot of y'all of in Houston, they're evacuating 8 it. There's another hospital in Houston that's about the 9 size of the University Hospital in San Antonio with 10 something like six thousand patients, they're having to 11 try and evacuate. I mean, this is an historic event, and 12 Kerr County has truly been on the forefront of helping 13 some of the smaller areas and those, because they do kind 14 of get forgotten about. 15 COMMISSIONER MOSER: Sheriff, you weren't 16 here earlier, but I said I was really glad that we had 17 management plan up to date, in place, and two 18 professional emergency management coordinators that are 19 working. I'm glad we got that passed. It took us a year 20 to get our own Emergency Management Coordinator because 21 of some other issues, but we're there. And just in the 22 light -- I get calls from constituents, we can't all be 23 there at those 9 o'clock meetings. I don't think I have 24 anything to contribute; otherwise, I would be there. But 25 how could we get for Commissioners' Court, because I know 75 1 City Council gets it, just a limit to a half page of 2 here's what's happening every day, so -- because for open 3 meeting laws, we can't be there together. So if we could 4 -- and I don't want to ask Dub to do that because he's 5 got enough to do, but somehow just get a few sentences on 6 here's the status of -- 7 SHERIFF HIERHOLZER: We can send out a group 8 e-mail. It's very simple to do on what our morning 9 meeting, you know, what's discussed in it. 10 MRS. STEBBINS: I request that you do that 11 with Judge Pollard in the two line, and all of the other 12 commissioners in the line copy lines, so not everyone 13 responds -- 14 COMMISSIONER MOSER: Right. 15 MRS. STEBBINS: -- all, and have any 16 conversations going on -- 17 COMMISSIONER MOSER: Well, we're not going 18 to respond to it, Heather. 19 MRS. STEBBINS: I know. I know that -- 20 COMMISSIONER MOSER: We understand that, we 21 understand. I'm not going to respond to it, but I would 22 like to see it. Okay, whether it's BCC or CC, we're not 23 going to respond to it. 24 SHERIFF HIERHOLZER: I have no problem even 25 if I send it out myself. But Dub and us, we can send it 76 1 out. Just make sure we have which e-mail address you 2 want it to go to. I know a lot of you have personal or 3 offices, and just make sure that I have your current 4 e-mail address you want it to go to, and we'll make sure 5 you get it. 6 MRS. STEBBINS: I recommend it going to the 7 County one. 8 SHERIFF HIERHOLZER: Okay, that's fine. 9 MRS. STEBBINS: Thank you. 10 SHERIFF HIERHOLZER: Have no problem with 11 that, and I think I'll give you just a sample of what 12 some of these people are facing down there. The couple 13 that's staying at my place, he's the chairman of the 14 deacons for the First Baptist Church in Rockport, and if 15 you see pictures of their church it pretty well got 16 devastated, but he also has several rent houses and he 17 showed me pictures yesterday of his rent house. The 18 house is in tact, it looks like it got beat up a little 19 bit, but all four walls are up and everything else. And 20 I said well you must have come up pretty good on that 21 one. Except for one problem, it's a mile away from its 22 original location. And that's exactly what they're 23 facing down there. 24 COMMISSIONER LETZ: Rusty, how do people 25 know when and how to get back down there, those that have 77 1 property? I mean we have one out at our ranch that -- 2 SHERIFF HIERHOLZER: Well, we've been being 3 hooking up -- I know Red Cross and everybody's been 4 having kind of like little town hall meetings at the 5 shelters every so often trying to let people know. A lot 6 of it's just we don't know, okay. You know, we're being 7 told different stories at different times that they're 8 turning them around. I've been told that if they own 9 vacation homes they're not allowed in, but if it's their 10 primary residence they've been allowing some in. But 11 some of the pictures I've seen going across is you 12 couldn't get in if you tried to because of the power 13 lines and poles that are across and blocking all the 14 roads, or houses sitting in the middle of the road. I 15 mean Rockport and Aransas Pass and Port Aransas. I think 16 they said Aransas Pass is about a hundred percent 17 destroyed. I mean it's -- we don't know. It's going to 18 take weeks to get this figured out, and now that Houston 19 got what they got, you know, sometimes unfortunately 20 smaller areas end up on the back burner now, and it's 21 going to be hard to get information. It's just something 22 we have to all try and work at, is all we're doing. It's 23 a very fluid situation, and it's day by day. Minute by 24 minute. Thank goodness it is starting to move a little 25 bit farther east. 78 1 COMMISSIONER REEVES: I think you touched on 2 a lot of it, Sheriff. One group that we need to 3 remember, and there was some miscommunication with the 4 sending of the citizens that could not evacuate 5 themselves from San Patricio, there was supposed to be a 6 bus left here to get them to different areas whether it 7 was Walmart to buy essentials or -- the buses turned 8 around and left. But KISD and their transportation 9 department is providing one of their fleet to get the 10 people to just a little shuttle service at certain times, 11 including the pets. 12 SHERIFF HIERHOLZER: Even though this is 13 first day of school they started a schedule. 14 COMMISSIONER REEVES: So here again we've 15 said everybody's come together on this, and I think that 16 brings up a couple issues, the Interlocal Agreement 17 between us and San Patricio is just a seven day 18 agreement, is it not? 19 MRS. STEBBINS: I don't have it here. 20 SHERIFF HIERHOLZER: Sheltering is for seven 21 days only, and after that the two judges have to get 22 together and decide what's going to happen. We're hoping 23 that we can at least point to point shelter, you know, 24 shift those around to somewhere else. I know Dub's going 25 to be on the phone all day today seeing if they can, 79 1 because I think they were able to combine a couple 2 shelters in San Antonio, and if they start shifting some 3 of those people back. I mean it's amazing and very eye 4 opening when you see what happens through this. The 5 agreement was that way, and that were some 6 miscommunications, they were supposed to have left the 7 driver and bus as per the agreement, but they didn't 8 realize they were supposed to do that, so we had to come 9 up with other plans here. And there, you know, is a 10 registration, a check type deal where they get on a bus 11 down there, they learned a lot of things from Katrina and 12 Rita, but this is the first time and a lot of those that 13 they've been actually put in practice, so there's been 14 some hick ups in it. But you know, we had people come up 15 that were on those busses that need dialysis every day. 16 You know, they've had some that had a lot of other health 17 issues, or mental issues. And you know the County and 18 the City and the hospital have all had to work together 19 to get through those, because they just show up and here 20 they are. Pets without -- horses without the Coggins 21 test, or pets without, you know, the vaccination records, 22 and things like that. And there's a whole lot of little 23 bitty moving parts. I just think when this thing's over 24 that the City and County owe a lot of people, but mainly 25 both of our emergency management coordinators a great 80 1 deal of gratitude of keeping up on this and helping us 2 get through this in a way that we can stay correct with 3 FEMA and get reimbursed. 4 COMMISSIONER MOSER: And keep a log of what 5 we can do to make it better next time. 6 SHERIFF HIERHOLZER: And that will be a lot 7 of interactions and stuff. 8 COMMISSIONER MOSER: And as we said too keep 9 records of everything that's spent for multiple reasons. 10 SHERIFF HIERHOLZER: But there has not been 11 one single time that even organizations or anybody in 12 this County hasn't offered to help. I know a lot of 13 people want to donate stuff. Right now, you know they've 14 got a lot of stuff, they just gotta get it down there. 15 If people want to donate find the Red Cross or somebody 16 just to donate money to, because this is going to be a 17 major, major expense for this State for a long time. 18 COMMISSIONER LETZ: Mention the Red Cross. 19 Red Cross is amazing. I've never really watched them in 20 action, but their local manager -- 21 SHERIFF HIERHOLZER: I can't think of his 22 name. 23 COMMISSIONER LETZ: But anyway, done a great 24 job and really well organized. Their whole 25 organization's statewide and is really amazing since the 81 1 disaster. 2 SHERIFF HIERHOLZER: They got over a 3 thousand cots here that quick. They got two hot meals 4 and a cot for every evacuee. We've got plenty of room. 5 COMMISSIONER LETZ: And 18 wheelers of water 6 and put it in the armory to ship it out from here. 7 SHERIFF HIEERHOLZER: They've really done 8 good. 9 COMMISSIONER LETZ: Heather -- 10 MRS. STEBBINS: Yes, Sir. 11 COMMISSIONER LETZ: -- the Judge mentioned 12 earlier he was out of town so the disaster declaration 13 was signed by me. Does the Court need to reaffirm that, 14 because the most generally it's the County Judge has that 15 responsibility. 16 MRS. STEBBINS: The Court can reaffirm it, 17 and I think it's okay to do under this item; however, 18 because of the Court order giving you permission to sign 19 instead, I think that you don't have to. 20 COMMISSIONER MOSER: I think our emergency 21 management plan says that, too, that if the Judge is not 22 available the next senior -- 23 SHERIFF HIERHOLZER: And it's already gone 24 up -- 25 COMMISSIONER LETZ: It's already been sent. 82 1 SHERIFF HIERHOLZER: I'm not sure, it may 2 have already been signed by the Governor's office. 3 JUDGE POLLARD: So this would be a motion 4 today to ratify that order. 5 COMMISSIONER REEVES: Actually it's only 6 good for seven days. I should think the Court should one 7 ask with the Judge's approval, or authorize the Judge, 8 because it says it's the emergency declaration is good 9 for seven days unless extended by the Court. I believe 10 we oughta authorize the County Judge to extend it as 11 needed for up to 14 days. That gets us to our next -- 12 SHERIFF HIERHOLZER: I don't know if this 13 item covers that? 14 MRS. STEBBINS: And I believe -- okay, to 15 answer that question I believe that we only had the Court 16 sign it because of our agreement with San Patricio, 17 Rusty, isn't that correct? 18 SHERIFF HIERHOLZER: Yes. So we probably 19 could. 20 MRS. STEBBINS: We could extend it. But I 21 would rely on Rusty's advice to lengthen the time to 22 request to extend it. 23 SHERIFF HIERHOLZER: I think you could do it 24 under this, but I think that's a question that Dub needs 25 to be asked since they're working directly. I don't 83 1 think I have the ability at this time to tell how long it 2 oughta be expended. If we're going to, I would request 3 that I call Dub and find out what he thinks. 4 JUDGE POLLARD: And maybe authorize 5 extending it now for up to 14 days, and then you can -- 6 COMMISSIONER REEVES: That gets us to our 7 next meeting. 8 SHERIFF HIERHOLZER: I would prefer to call 9 Dub real quick, and I'll let y'all know before this 10 meeting's over. 11 COMMISSIONER REEVES: And the same thing 12 with the ILA, the Interlocal Agreement, with San 13 Patricio, how far we need to extend those, because 14 they're interrelated, 'cuz what we're seeking is 15 reimbursement for overtime and expenditures. 16 SHERIFF HIERHOLZER: Right. Let me call him 17 real quick. 18 MRS. STEBBINS: And that expires pretty 19 quick. 20 SHERIFF HIERHOLZER: Yeah. By Wednesday, I 21 think, or something like that. I'll let you know before 22 this meeting's over. 23 JUDGE POLLARD: All right, so no action on 24 that for right now. 25 There's a reversed mandate, unfunded mandate 84 1 it appears that Commissioner Letz is just asking the 2 Governor of Texas since we're not able to pay for all 3 this stuff with hurricane Harvey that the State help us 4 out, and encourage State or Federal assistance, and that 5 sounds really good. Let's turn it around on them. 6 COMMISSIONER MOSER: We can pay a few bills, 7 Judge. 8 JUDGE POLLARD: I want to say that we're 9 really proud of our emergency management coordinator and 10 all the people that did everything in Kerr County 11 incident to this Hurricane Harvey deal. But perhaps the 12 Sheriff needs to have an award. He's done the most, 13 because he just described that he had to put up with his 14 mother-in-law as a refugee. Now, that's really going 15 beyond. All right, so we want to congratulate the 16 Sheriff on that. 17 All right now, let's pay some bills. Yeah, 18 item 4.1. 19 COMMISSIONER LETZ: I move to pay the bills 20 as presented. 21 COMMISSIONER REEVES: Second. 22 JUDGE POLLARD: Been moved by Commissioner 23 Letz, seconded by Commissioner Reeves to pay the bills as 24 submitted. Is there any further comment or discussion? 25 There being none, those in favor of the motion signify by 85 1 raising their right hands. It's four zero, unanimous. 2 That passes. 3 4.2 budget amendments, are there any? 4 MRS. DOSS: Yes, Sir, we have 13 budget 5 amendments. 6 JUDGE POLLARD: Wow. Right at the end of 7 the year. That's typical, isn't it. 8 MRS. DOSS: Yes, Sir. 9 JUDGE POLLARD: Any questions, comments? 10 I'll entertain a motion. 11 COMMISSIONER LETZ: Move we approve the 12 budget amendments as presented. 13 JUDGE POLLARD: Is there a second, Mr. 14 Reeves? 15 COMMISSIONER MOSER: I'll second. 16 JUDGE POLLARD: All right, it's been moved 17 by Commissioner Letz, seconded by Commissioner Moser to 18 approve the budget amendments as submitted. Any further 19 comments or questions? There being none, those in favor 20 of the motion signify by raising their right hand. It's 21 four zero, unanimous. 22 4.3 late bills. 23 MRS. DOSS: None, Sir. 24 JUDGE POLLARD: 4.4 approve and accept 25 monthly reports. Mr. Reeves. 86 1 COMMISSIONER REEVES: Yes, Sir. I have two 2 of them both for the month of July, 2017. That's the 3 Constable Precinct 3 monthly report, and the Treasurer's 4 monthly report. I move to accept the reports as 5 submitted, and sign as needed. 6 COMMISSIONER LETZ: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Reeves, seconded by Commissioner Letz to approve the 9 monthly reports and to authorize execution as needed. Is 10 there any further comment or discussion? There being 11 none, those in favor of the motion signify by raising 12 your right hand. It's four zero, unanimous. 13 All right, 4.5 Auditor's reports. 14 MRS. DOSS: None, Sir. 15 JUDGE POLLARD: Nothing about unfunded 16 mandates? Any further -- 17 MRS. DOSS: No. 18 JUDGE POLLARD: Okay, I just want to keep 19 that in everybody's mind. 20 All right, let's go to item 5.1 reports from 21 commissioners/liaison committee assignments as per 22 attachment. 23 COMMISSIONER MOSER: I have something, 24 Judge, concerning the library and animal control. Met 25 with the City and some of their staff, including police 87 1 chief and representative from animal control, Kerr County 2 Animal Control. I've just given to you a list of deal 3 points, basically these are details for the Interlocal 4 Agreement that will be drafted by the City that basically 5 says the City's going to provide library services, 6 County's going to provide twenty-four seven animal 7 control services on a priority base established by animal 8 control throughout the County, so they -- our animal 9 control people decide where to respond to. There some 10 confusion about we're going to prioritize the City, and 11 that's not the case. But anyway, this detailed agreement 12 points here will be represented in an Interlocal 13 Agreement and will be brought back to County 14 Commissioners and City Council for approval. That's all. 15 COMMISSIONER LETZ: Judge, just to update on 16 wastewater funding. There's a meeting tomorrow in Austin 17 that I'll be at, and Commissioner Moser will probably 18 attend by phone. It's a pre application for the next 19 round of funding. Requirement that we go and meet our 20 bond counsel, and legal bond counsel, and bond advisers 21 will both be at the meeting as well as is required, and 22 Brenda will be there as well. I'm not sure who else from 23 the County. But we are ranked -- or Phase II was ranked 24 number 2 of the most recent list. There's about 13 25 million of loan forgiveness approved. The project ahead 88 1 of us if they get their money would take 4 plus or minus 2 million of that leaving 9 -- almost 10 million for us 3 into loan forgiveness, which is basically a grant. The 4 balance would be the same as the year before, low 5 interest loan that we pay by the rate payers. But it 6 looks like Cisco and Kerr County will get all the money 7 next year. And Cisco, if they don't -- they have a new 8 project, if their stuff is not ready to go by the 11th of 9 September, we will get a hundred percent of the money. 10 That's unofficial; we've been told that. It hasn't been 11 signed off on, but we've been told that's probably the 12 way it's going to work. 13 COMMISSIONER MOSER: Therefore our presence 14 is -- 15 COMMISSIONER LETZ: Commissioner's presence 16 is important tomorrow. 17 JUDGE POLLARD: All right. Looks like we've 18 made it to 11 o'clock, and there's a timed item 1.26 19 consider, discuss and take appropriate action on request 20 for repair or replace Constable Precinct 3 vehicle due to 21 recent mechanical issues. And this will be subject to 22 whether or not there's any money left after unfunded 23 mandates. Kenneth Wilke. 24 COMMISSIONER BELEW: See what you're up 25 against there. 89 1 CONSTABLE WILKE: I do. I asked for this 2 chance to discuss this with y'all because I wanted to 3 make you aware of the problems that I currently had, and 4 the issues. Originally I intended to try to get the 5 vehicle to make it to the next budget, but -- 6 JUDGE POLLARD: What year model is that? 7 CONSTABLE WILKE: 2011. 8 JUDGE POLLARD: And how many miles on it? 9 CONSTABLE WILKE: It's 67, roughly, 10 thousand. 11 COMMISSIONER MOSER: How much? 12 CONSTABLE WILKE: 67 -- 13 COMMISSIONER BELEW: A hundred or -- 14 CONSTABLE WILKE: 67 thousand, yes. It's 15 close to 70. 16 JUDGE POLLARD: Well, that depends on the 17 make. It's a Ford -- is it a Ford? 18 CONSTABLE WILKE: It is a Ford, and that's 19 exactly what happened and incurred since I've been in 20 office since January. 21 COMMISSIONER MOSER: But 67 thousand, what's 22 wrong with it? 23 CONSTABLE WILKE: Well, specifically I've 24 had a couple of electrical fires in it. When I first got 25 the vehicle it was like somebody took a Dr. Pepper and 90 1 shook it up inside and let it blow up, so it was a filthy 2 mess. And there was gum and sticky liquids all over the 3 electrical components within the center console -- 4 JUDGE POLLARD: Were you in it? 5 CONSTABLE WILKE: -- and had to have it 6 cleaned. 7 JUDGE POLLARD: Were you in it when it 8 happened? 9 COMMISSIONER LETZ: This is by a previous 10 constable. 11 CONSTABLE WILKE: It's when I picked it up. 12 And then I had some other problems with it, and we spent 13 money on it and made repairs. And since then recently 14 I've had several issues driving on our highways, and I 15 drive under the speed limit, and even at that it's 16 dangerous in the vehicle with its current condition, 17 which are the struts immediately, they're all out on the 18 vehicle, and then all the tires have dry rot. So I 19 called and checked in on prices and values by Ken 20 Stoepel. Ken Stoepel told me that the vehicle was 21 currently valued at about 55 hundred dollars, and it had 22 $3,000.00 worth of hail damages prior to my taking 23 office. And then given that, so far if we were to make 24 the repairs we spent close -- or we would be spending 25 close to $5,000.00 total this year on a 5000 or 55 91 1 hundred dollar vehicle, so I took the liberty to find out 2 what it would cost to replace this, and originally I 3 talked to Ken Stoepel and they gave me a 36 hundred 4 dollars -- or 36 thousand dollar replacement cost. And 5 then I talked to the BuyBoard and Caldwell County, and 6 they basically told me twenty-six seven roughly, 7 $26,700.00. 8 JUDGE POLLARD: The money to do this -- 9 MRS. DOSS: No. It's not in the budget. 10 And also the three thousand dollar hail damage, that is 11 not necessary. I mean we had a lot of vehicles that 12 sustained small dings, and we did not fix those. 13 JUDGE POLLARD: But we collected money on 14 them. 15 CONSTABLE WILKE: But it does affect the 16 value of the vehicle. 17 MRS. DOSS: Yes. 18 COMMISSIONER LETZ: I would recommend to -- 19 do you have a trade-in value from Caldwell on this 20 vehicle? 21 CONSTABLE WILKE: I do. Caldwell gave us a 22 trade-in value of 8 thousand dollars in it's current 23 condition, which was quite a bit more than local. 24 COMMISSIONER LETZ: In addition to that, we 25 have a -- when I went to Austin I took the Tahoe from 92 1 Road and Bridge, and talked to Kelly about that, they do 2 not need that vehicle, they don't use it. It is used by 3 other county departments. I would recommend that vehicle 4 get transferred to the courthouse, and the car that we 5 have here be also used for the trade-in, because we don't 6 need two vehicles for the County, and I'm not sure of the 7 value of the car. I mean I don't even know what kind of 8 car we have here. 9 MRS. DOSS: A Taurus, an old one. 10 COMMISSIONER LETZ: But you know still it's 11 a -- you get -- 12 COMMISSIONER MOSER: So on the Tahoe, you 13 recommending what? 14 COMMISSIONER LETZ: It comes to the 15 courthouse away from Road and Bridge, and keep it as a 16 county vehicle, but Kelly said she's fine with that. 17 COMMISSIONER MOSER: Is it the wiring 18 harness, because you can replace the wiring harness in an 19 automobile. 20 CONSTABLE WILKE: Specifically, the first 21 case was in the audio-video equipment that was burned out 22 and no good when I first got the vehicle. But we got 23 that replaced. Now, this is wiring within the emergency 24 light systems that are in the center console of the 25 vehicle. 93 1 COMMISSIONER MOSER: So it's not the wiring 2 harness from the manufacturer; it was stuff that was 3 added? 4 CONSTABLE WILKE: That's right. It's all 5 wiring in the center console. I think it's also 6 important to point out that this vehicle is not an 7 emergency vehicle that comes with a special package, or 8 suspension, shocks, etc., things like that that we need. 9 COMMISSIONER MOSER: So from Caldwell 10 BuyBoard the price was -- net was 26, is that what you 11 said? 12 CONSTABLE WILKE: $26,786.00 to be exact. 13 JUDGE POLLARD: And that's got the package 14 that you were talking about? 15 CONSTABLE WILKE: Yes. It's got the 16 Inceptor package, and it's the smaller utility SUV 17 vehicle; it's not the bigger one. 18 COMMISSIONER MOSER: So that has -- let me 19 ask him a question. So you said 26 thousand and they're 20 going to give you 8 thousand -- 21 CONSTABLE WILKE: Trade in. 22 COMMISSIONER MOSER: -- or 26 thousand 23 including the trade in, which is it? 24 CONSTABLE WILKE: Less the trade in. So 25 that would come out to -- I mean it would -- there are 94 1 other things to consider. The bottom line it would come 2 out to total cost to replace would be $22,601. 3 COMMISSIONER MOSER: That's everything. 4 That's outfitting and everything. 5 CONSTABLE WILKE: That's changing all the 6 equipment that I currently have over to the new vehicle, 7 if you approve it. 8 COMMISSIONER REEVES: Question. Do you 9 really need the that police package in your vehicle? 10 CONSTABLE WILKE: I really do, yes. From 11 all my years of experience to just buy a stock model is 12 not sufficient. 13 COMMISSIONER REEVES: As a Constable? 14 CONSTABLE WILKE: Yes, Sir. 15 COMMISSIONER REEVES: I don't believe that 16 any of our other Constable vehicles have police packages. 17 I mean are you going to be in high speed pursuit, is that 18 why you're needing it? 19 CONSTABLE WILKE: I've been in a couple of 20 pursuits already, on Interstate 10 where somebody didn't 21 realize that they had to pull over for a Constable, so -- 22 so yes, I have. I've also responded recently to the 23 Comfort area, a heart attack. It was very difficult for 24 me to get there to assist EMS, with both locating and 25 assist with the helicopter that ended up coming for 95 1 Mr. Ortiz. So yes, it is important from my standpoint. 2 COMMISSIONER LETZ: Brenda, the Taurus, how 3 old -- what year is that thing? 4 MRS. DOSS: I think it's an 8, or 9, 10? 5 COMMISSIONER LETZ: Well, I mean either way 6 there's no reason to keep a vehicle if you get a thousand 7 dollars for it; it's better than rotting in the parking 8 lot. 9 MRS. DOSS: It's not safe to drive out of 10 town. It's okay to drive in Kerrville. 11 COMMISSIONER LETZ: Well, I recommend see 12 the surplus and sell it on GovDeals or BuyBoards, or 13 whatever we surplus them, and then we probably have to 14 come back for a separate agenda item to surplus that one, 15 we gotta get rid of it. 16 COMMISSIONER BELEW: So how does that tie 17 into this? 18 COMMISSIONER LETZ: Well, if you get some 19 money from that it will help reduce the expenditure. 20 COMMISSIONER BELEW: You talking about 21 selling the Taurus and applying it towards it. And then 22 the Tahoe -- 23 COMMISSIONER LETZ: And the Tahoe would come 24 to the courthouse. I don't think we can do the Tahoe on 25 this agenda item, but we can do it under our next agenda. 96 1 COMMISSIONER BELEW: Now, why can't he just 2 take the Tahoe? 3 MRS. DOSS: It's not a police package. 4 JUDGE POLLARD: It doesn't have an emergency 5 package on it for one thing. 6 COMMISSIONER BELEW: It's gotta be installed 7 on anything we get. 8 COMMISSIONER REEVES: Actually -- 9 COMMISSIONER LETZ: It does have an 10 emergency package. 11 COMMISSIONER REEVES: -- it does. But it's 12 actually used for different departments for out of County 13 travel in lieu of paying mileage, they use the vehicle. 14 Especially when two or three from the same office goes. 15 COMMISSIONER LETZ: It's an old O -- it's a 16 2003? 2003, but it's only got 69 thousand on it, it's a 17 fine vehicle. 18 JUDGE POLLARD: And it's in good operating 19 condition? 20 COMMISSIONER LETZ: Yeah. I drove that, it 21 was nice. 22 JUDGE POLLARD: All right, is there a 23 motion? 24 COMMISSIONER REEVES: I'd like to see where 25 we go. 97 1 MRS. DOSS: We don't have the money 2 budgeted, it was not budgeted. We don't have it in the 3 current year that we're in, and it wasn't put into next 4 year either. 5 COMMISSIONER LETZ: Is there -- how about, 6 Ken if we wait until -- when will we have the final 7 budget numbers and we see? 8 MRS. DOSS: Well, we just filed the proposed 9 budget -- 10 COMMISSIONER LETZ: No, not for next year; 11 this year. 12 MRS. DOSS: Not until we close the books 13 usually the end of November. 14 COMMISSIONER LETZ: So there will be some 15 unexpended line items. 16 MRS. DOSS: There should be, yes. 17 COMMISSIONER MOSER: We can modify the 18 budget on September the 25th. 19 MRS. DOSS: We could add to the 17-18 20 budget. 21 JUDGE POLLARD: Get it out of the current 22 budget that we're in now. 23 COMMISSIONER MOSER: Yeah, okay, current 24 budget. 25 COMMISSIONER LETZ: I mean there are 98 1 areas -- there are line items you're going to have 2 surplus funds. 3 MRS. DOSS: You want me to look and see 4 where we could take it? 5 COMMISSIONER LETZ: Yeah. 6 COMMISSIONER REEVES: And come back on the 7 11th. 8 CONSTABLE WILKE: Just wanted y'all to 9 consider it. 10 MRS. STEBBINS: Is this vehicle safe for you 11 to drive? 12 CONSTABLE WILKE: As long as I drive it slow 13 and cautiously, I'm okay. 14 COMMISSIONER LETZ: I mean, I think it's -- 15 you know, we need to do something about it. We cannot 16 have a vehicle out there that needs to be repaired or 17 changed, or you know get a new vehicle. 18 COMMISSIONER BELEW: Well, don't you have in 19 your budget for new tires and -- 20 CONSTABLE WILKE: I do. And currently I 21 have $1309.00 in that budget approximately, unless 22 something shows otherwise. 23 COMMISSIONER BELEW: How about putting tires 24 on it? 25 CONSTABLE WILKE: I could put tires on it. 99 1 COMMISSIONER LETZ: Do you want to spend 2 money into this vehicle or get rid of it ? 3 COMMISSIONER BELEW: Well, we don't want to 4 spend money on it, but we don't want him to have problems 5 on the road, do ya? 6 COMMISSIONER LETZ: But is it, that's 1300 7 dollars, plus whatever you get for the Taurus we'll apply 8 to it. 9 CONSTABLE WILKE: I don't need to spend 10 money on the tires today. It is inevitable that I will, 11 but I can safely conduct business for now. I will have 12 to have it done sometime soon, but I don't have to do it 13 today or this month. So we can wait and see if you guys 14 are able to come up with anything and then go from there. 15 Whatever your decision is. 16 COMMISSIONER LETZ: Okay. And then we get a 17 value on the Taurus, too, and find out some kind of an 18 estimate. Maybe -- 19 JUDGE POLLARD: I'd like to say also that 20 since Ken's been the Constable he's doing things that's 21 not -- that hasn't been traditional for constables in our 22 county to do. He's coming around just to -- I see him 23 pretty often, he's helping courthouse security. He's 24 coming around checking into my courtroom occasionally, 25 and I see him around the courthouse checking in. He 100 1 checks into other places that haven't ordinarily been 2 done, and I know that was mentioned in this survey for 3 the security for the courthouse to be done. And he's 4 also doing that same thing with regard to law enforcement 5 in general, and I think the Sheriff has confirmed this to 6 me, and will again today, that Ken's available, and if I 7 need some help and he finds out about it or hears about 8 it on the radio he gets out there, and he's doing it. 9 And I think he needs a vehicle with that kind of package 10 that he's talking about, and I think he needs one that is 11 dependable and is not unsafe, and I think you got a 12 situation right now where that thing may be unsafe. Not 13 only as to you, but as to the public in general. I think 14 we need to replace it and give him a vehicle that he can 15 use and exercise his duties, and I personally appreciate 16 what you're doing. 17 CONSTABLE WILKE: Thank you. I didn't 18 mention I'm currently assisting with PO trips, helping 19 the Sheriff out -- 20 JUDGE POLLARD: Is that correct, Sheriff? 21 SHERIFF HIERHOLZER: Yes. He has assisted 22 us a lot with civil processes and our mental health 23 transports. 24 JUDGE POLLARD: And he's doing that kind of 25 stuff. 101 1 CONSTABLE WILKE: So it's just an FYI. 2 COMMISSIONER LETZ: If you can get Caldwell 3 to hold that price for two weeks. 4 CONSTABLE WILKE: They will. I already took 5 care of that. 6 JUDGE POLLARD: Thank you. Then let's go to 7 1.27, I guess is executive session, is that right? 8 COMMISIONER LETZ: Did the Sheriff find out 9 about 1.25? 10 JUDGE POLLARD: Oh, yeah. What about that? 11 (Off the record.) 12 SHERIFF HIERHOLZER: Okay. A couple of 13 things. The declaration, disaster declaration is 14 actually Dub is checking but he's pretty sure that we 15 just have to do another one, okay, is what it is. 16 They're good for seven days. If you don't extend it 17 he'll just get the Judge to sign another one if he feels 18 that needs to be done again. 19 On the contract with San Patricio County is 20 that automatically renewals, the contract does. But on 21 the sheltering part of it after the seven days of the 22 point to point shelter and that, what Dub's telling me, 23 actually has to be from their judge, their County Judge 24 in San Patricio County would normally either send Judge 25 Pollard a letter, or an e-mail, or a phone call, 102 1 requesting that that sheltering part of that point to 2 point be extended for another period of time, and then 3 respond to that in an official letter or anything back to 4 him and extend it. So at this time, I don't see any 5 action that this Court needs to take on any of this. 6 JUDGE POLLARD: Good enough. 7 COMMISSIONER LETZ: I'll defer to Dub. But 8 this came out of the manual we got and it says it has to 9 be approved by the Commissioners' Court; it doesn't say 10 reissued. 11 MRS. STEBBINS: On page 3 of this -- 12 SHERIFF HIERHOLZER: No. He's talking about 13 the declaration. 14 MRS. STEBBINS: Yeah. Says seven day period 15 may be extended only upon the mutual agreement of Kerr 16 County and San Patricio County. 17 SHERIFF HIERHOLZER: Sheriff that's the 18 contract; not the declaration. 19 MRS. STEBBINS: Provide short-term shelter 20 not to exceed seven days. I see what you're saying. 21 Sorry, I was mistaken. 22 SHERIFF HIERHOLZER: That's the contract 23 with San Patricio. The disaster declaration, you know, 24 he said we have until Thursday anyhow. That's what is 25 done, so you have until that. 103 1 COMMISSIONER LETZ: I don't know what the 2 problem of extending it subject to the discretion of the 3 Judge. 4 SHERIFF HIERHOLZER: If that can be handled 5 under this, I don't see any problem either, and I'm sure 6 Dub wouldn't if it would cover the base, you know, 7 subject to the discretion of Judge Pollard and the Judge 8 of San Patricio County. 9 COMMISSIONER REEVES: I think we're talking 10 apples and oranges. The declaring a local state of 11 disaster is the one we're wanting to extend, because it 12 says -- it's paragraph 3 that this state of disaster 13 shall continue for a period of time not more than seven 14 days of the date hereof unless the same is continued by 15 consent of the Commissioners' Court of Kerr County. And 16 all I'd like to do is make sure we extend it so we still 17 can receive reimbursement and whatever. 18 MRS. STEBBINS: And the Court has to do 19 that. 20 COMMISSIONER REEVES: Yes. And I guess 21 that's -- 22 SHERIFF HIERHOLZER: And that can be done 23 under this agenda item, because it does say -- 24 MRS. STEBBINS: I think it can be, too, but 25 there are two issues then, it goes back to the two issues 104 1 to extend that, but also extend the seven day period that 2 it was triggered by San Patricio County sending people 3 over here. 4 COMMISSIONER LETZ: But that one the Judge 5 can do by himself. 6 MRS. STEBBINS: Well, I'll go back to what I 7 just read. Has to be on mutual agreement between Kerr 8 County and San Patricio County in writing. 9 COMMISSIONER REEVES: Why don't we -- 10 SHERIFF HIERHOLZER: What that would mean 11 if that is not extended, if the Judge from San Patricio 12 County doesn't contact Judge Pollard and want to extend 13 that sheltering agreement then the declaration would 14 automatically not be extended either. Because I think 15 that's the way that works is it's one in conjunction with 16 the other. But I think you can -- there's Dub. Thank 17 you, Dub. 18 MR. THOMAS: I thought I'd just come over 19 with the information rather than try to do it via text. 20 SHERIFF HIERHOLZER: Well, good. Get up 21 here. 22 MR. THOMAS: Okay. 23 SHERIFF HIERHOLZER: All right, we're 24 talking about two different things, one is -- 25 COMMISSIONER MOSER: You better say please 105 1 get up here. 2 SHERIFF HIERHOLZER: No. Get up here. That 3 ain't going to work. 4 First is they want to know about extending 5 or redoing another declaration of disaster, if we need to 6 do that in the process, and then extend the sheltering 7 part of the contract with San Patricio. The contract 8 automatically renews, but that's part of it. 9 MR. THOMAS: Right. Part of the disaster 10 declaration, I got off the phone with our district 11 coordinator Summer Reeh(phonetic), y'all probably met 12 her, but we can extend the disaster declaration, we just 13 need to change the verbiage in it to say extend the 14 disaster declaration. Starting August -- well, it will 15 be this Friday September first. Our first one was August 16 25th, so seven days, seven days. She's not sure how many 17 times we can just do extensions, but she's going to check 18 into how many times we can do extensions. This is going 19 to be a long-term operation, because you've obviously 20 seen the devastation on the Texas coast, so -- 21 JUDGE POLLARD: So the question is does that 22 require Commissioners' Court action on this or not? 23 MR. THOMAS: Just requires action on your 24 part, Judge. We'll change the document to read extension 25 and then you sign it, and I will e-mail it, or I'll scan 106 1 it and e-mail it to Summer and she'll get it to the State 2 operations and the Governor. 3 COMMISSIONER MOSER: Dub, doesn't the 4 emergency management okab designate the Judge the person 5 to sign those declarations? 6 MR. THOMAS: Yes, it does. 7 COMMISSIONER MOSER: So we may -- does that 8 cover -- 9 MRS. STEBBINS: The -- Commissioner Reeves 10 was right in what he just read that the declaration that 11 was signed on August 25th permits the Commissioners' 12 Court to continue it. So at this time I think that 13 pursuant to that declaration the Court should vote on 14 whether or not to continue it for seven days, and then if 15 like Dub said if we want to change depending on what the 16 Regional Coordinator that Dub's working with, I would 17 defer to what that coordinator recommends, and the next 18 declaration that y'all sign extending it so that if it 19 needs to say the County Judge it can say the County 20 Judge, but if it needs to be in Commissioners' Court we 21 can just schedule a meeting before the expiration of that 22 next seven days. 23 SHERIFF HIERHOLZER: So you need to extend 24 it effective September first for a seven day period is 25 what one action that this Court should take today. 107 1 COMMISSIONER LETZ: All right, I make a 2 motion that we extend the declaration that was signed 3 August 25th, 2017, extend it from the date -- seven days 4 from that date, which would be another seven days from 5 September first. 6 SHERIFF HIERHOLZER: Starting September 7 first. 8 COMMISSIONER LETZ: Starting September 9 first, 2017. 10 COMMISSIONER REEVES: Second the motion. 11 JUDGE POLLARD: All right, it's been moved 12 by Commissioner Letz, seconded by Commissioner Reeves to 13 extend the contract executed dated -- 14 COMMISSIONER LETZ: No. The declaration. 15 JUDGE POLLARD: All right, the 16 declaration -- 17 SHERIFF HIERHOLZER: Disaster. 18 JUDGE POLLARD: Of the local state disaster 19 dated August the 25th, this is between Kerr County and 20 San Patricio -- 21 SHERIFF HIERHOLZER: No. 22 COMMISSIONER LETZ: This is just the 23 declaration. 24 JUDGE POLLARD: All right, just the 25 declaration, all right, extend it for a period of time -- 108 1 another period of time seven days beginning September 2 first, is that right? 3 MR. THOMAS: Yes, Sir. 4 JUDGE POLLARD: All right, is there any 5 further discussion or comment on this motion? 6 COMMISSIONER BELEW: Just this, this is for 7 us, this has no bearing on our agreement with San 8 Patricio. 9 COMMISSIONER LETZ: Right. 10 COMMISSIONER BELEW: All right. 11 JUDGE POLLARD: All right, if there's no 12 further comment, those in favor of that motion signify by 13 raising their right hands. It's four zero, unanimous. 14 COMMISSIONER LETZ: Harley, I think I'm 15 right on this, I -- 16 COMMISSIONER BELEW: I was looking for your 17 contingency when you made the motion. 18 COMMISSIONER LETZ: Right. It's not 19 directly related to San Patricio, but it's enables us to 20 get reimbursement because we are of that, because we are 21 covered under this, but it's not the agreement with San 22 Patricio. 23 MR. THOMAS: That's correct. 24 COMMISSIONER LETZ: It's a FEMA document; 25 not the San Patricio County document. 109 1 MR. THOMAS: Right. As far as our point to 2 point agreement with San Patricio County, that was a 3 seven day -- seven calendar day agreement for sheltering 4 residents from San Patricio County who cannot self 5 evacuate. We currently have 56 in the Edington Gym at 6 this time. That agreement states that the County Judge 7 from San Patricio, Judge Simpson, in order to extend that 8 seven day period needs to contact Judge Pollard to 9 request an extension saying okay here it goes: Kerr 10 County shall provide short-term shelter not to exceed 11 seven calendar days for a maximum of 250 San Patricio 12 County residents. Said seven day period may be extended 13 upon the mutual agreement of Kerr County and San Patricio 14 County in writing. Kerr County will operate if the 15 shelter facility in mass feeding and other appropriate 16 support such as functional needs for services on a case 17 by case basis. The way I read that is it's incumbent 18 upon their County Judge to extend a request for 19 extension; not us go down there and say hey, you want us 20 to extend it for you. So I need to be getting in touch 21 with their County emergency management personnel and see 22 what there plan is, I'm trying to find out what their 23 re-entry plan is at this time so we can send them back, 24 if it's safe for them to go. So I have to get in touch 25 with them today and I'll be in touch with you, Judge. 110 1 SHERIFF HIERHOLZER: They do not -- if we 2 don't hear from them they do not extend it, and the 3 evacuees are still here. I think at that point that's 4 where the disaster declaration will be so important or 5 otherwise we're not going to get reimbursed for anything 6 after seven days. 7 MR. THOMAS: Right now I'm trying to find 8 out if they -- there are some shelters that have been 9 consolidated in San Antonio, and some of those were point 10 to point shelters in Comal County and some other 11 locations. If we decide not to extend the agreement 12 between the two counties, I can try and see if we can get 13 them put into a shelter in San Antonio. 14 COMMISSIONER REEVES: All right, just keep 15 us apprised. 16 MR. THOMAS: I'm on that today as well. 17 COMMISSIONER REEVES: Do we need a court 18 order? 19 MRS. STEBBINS: I feel that because of the 20 language of it, and it says Kerr County and it doesn't 21 specify the Judge, I feel like y'all should take action 22 in the event that the request is made by San Patricio 23 County. You all should make the election to extend it or 24 not, so at least that's available if they make the 25 request. 111 1 JUDGE POLLARD: So sort of like the contract 2 is overriding the other portion of it that really is a 3 contract already executed with San Patricio County, and 4 it provides by its own terms -- 5 MRS. STEBBINS: Yes. 6 JUDGE POLLARD: -- and that's why your 7 suggesting this. 8 MRS. STEBBINS: Yes. 9 JUDGE POLLARD: I think that's logical. 10 COMMISSIONER REEVES: So you suggest we make 11 a motion to authorize the -- 12 MRS. STEBBINS: I will read the language. 13 Make a motion to extend the short-term shelter provision 14 for a maximum of 250 San Patricio County residents not to 15 exceed seven days beginning September the first upon the 16 request of San Patricio County in writing. 17 SHERIFF HIERHOLZER: Is that September 18 first? 19 MR. THOMAS: August 25th is the date I'm 20 using. 21 MRS. STEBBINS: Is that the seven days 22 that -- 23 MR. THOMAS: Seven days. 24 COMMISSIONER BELEW: So move. 25 COMMISSIONER MOSER: So move. 112 1 JUDGE POLLARD: All right, it's been moved 2 by Commissioner Moser, seconded by Commissioner Belew to 3 do -- as just read into the record by the County Attorney 4 with regard to the contract with San Patricio County. 5 Okay, any further comment? 6 MR. THOMAS: Any further information y'all 7 need? I sent y'all another update this morning via 8 e-mail about what our operations are doing. Try to catch 9 you up. 10 COMMISSIONER BELEW: Good job. 11 COMMISSIONER MOSER: Glad you're here. 12 JUDGE POLLARD: Any further comment or 13 questions about it? If not, those in favor of the motion 14 signify by raising their right hands. 15 Sheriff, in your absence I suggested that 16 you get some kind of an award for some kind of cause, 17 because you actually brought your mother in law and -- 18 SHERIFF HIERHOLZER: Take that back. You 19 have to take that back, Judge, because God bless my 20 mother-in-law. She passed away before my wife and I even 21 got married. But it's my stepmother. 22 JUDGE POLLARD: Stepmother, or my dad's 23 second wife right before he passed away. 24 COMMISSIONER BELEW: Anyway, he just got a 25 raise. He got what he had coming. 113 1 SHERIFF HIERHOLZER: And actually she didn't 2 make it up here; she's down in Mathis for landlord, you 3 might say, friends of her's that she's -- the place 4 they're living on. 5 COMMISSIONER MOSER: You still deserve 6 recognition. 7 SHERIFF HIERHOLZER: I think all the 8 residents do. 9 JUDGE POLLARD: County Attorney is not here, 10 but I think we do have business in closed session. All 11 right, we're going to recess the open session and go into 12 closed session. 13 (Executive Session.) 14 JUDGE POLLARD: All right, we're back in 15 open session and item 1.27 consider, discuss and take 16 appropriate action regarding personnel issue. 17 COMMISSIONER LETZ: I'll make a motion that 18 the discussed employee at Road and Bridge Department 19 we'll terminate that person's employment end of business 20 September first, 2017. 21 COMMISSIONER REEVES: I'll second that 22 motion. 23 JUDGE POLLARD: Been moved by Commissioner 24 Letz, seconded by Commissioner Reeves to the employee 25 involved be terminated close of business on September 114 1 first, 2017. Any further discussion or comment? There 2 being none those in favor of the motion signify by 3 raising their right hand. It's four zero, unanimous. 4 Is there any further business for open 5 session? There being none, I declare it closed, 6 adjourned. 7 * * * * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 115 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Reporter in and for Kerr County Commissioners' Court, do 6 hereby certify that the above and foregoing pages contain 7 and comprise a true and correct transcription of the 8 proceedings had in the above-entitled Commissioners' 9 Court. 10 Dated this the 13th day of September, A.D. 11 2017. 12 13 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 14 No. 953 Expiration Date 12/31/2018 15 * * * * * * 16 17 18 19 20 21 22 23 24 25