1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Tuesday, September 5, 2017 6 11:00 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 JONATHAN LETZ, Commissioner Pct. 3 BOB REEVES, Commissioner Pct. 4 25 2 1 I-N-D-E-X 2 NO. PAGE 3 1.1 Consider, discuss and take appropriate 3 action to grant permission to apply for 4 a grant for Rifle Resistant Body Armor from the Criminal Justice Division of 5 the office of the Governor. 6 1.2 Consider, discuss and take appropriate 7 action to authorize Judge Pollard or 7 Commissioner Letz to sign documents related to TWDB Project #10366 (Center Point/East 8 Kerr County Wastewater Project) after project approval by Commissioners' Court. 9 1.3 Consider, discuss and take appropriate 10 10 action on Order Requesting Financial Assistance from the Texas Water Development 11 Board relating to the Center Point/East Kerr County Wastewater System; Authorizing 12 the filing of an Application for Assistance; and making certain findings in connection 13 therewith. 14 1.4 Consider, discuss and take appropriate 12 action regarding the Interlocal Agreement 15 with San Patricio County. 16 1.5 Consider, discuss and take appropriate 14 action regarding extending the Disaster 17 Declaration as it pertains to Tropical Storm/Hurricane Harvey. 18 *** Adjournment. 17 19 *** Reporter's Certificate. 18 20 * * * * * * 21 22 23 24 25 3 1 JUDGE POLLARD: All right. It's Tuesday, 2 September the 5th, 2017, and it's a little past 11 a.m., 3 the Kerr County Commissioners' Court is in session. 4 This is a special Commissioners' Court with a short 5 agenda. I'll call for just the items on that agenda and 6 we'll get right to business. 7 Item 1.1 consider, discuss and take 8 appropriate action to grant permission to apply for a 9 rifle resistant body armor from the criminal justice 10 division of the office of the Governor. Sheriff 11 Hierholzer. Oh, Clay. 12 CHIEF DEPUTY BARTON: Good morning. 13 Currently all the body armor that's worn by Kerr County 14 officers is to stop bullets fired from handguns. Senate 15 Bill 12 created a grant program from the Governor's 16 office to increase the safety of Texas law enforcement 17 officers by assisting agencies to purchase rifle 18 resistant body armor. The CJD is now accepting 19 application for projects under this grant. 25 million 20 is anticipated to be available under this grant. 21 There's no match requirement under this program. All 22 projects must begin between January first and March 23 first, 2018. The project period may not exceed 12 24 months. The grant was originally due tomorrow but has 25 been extended for us due to the hurricane Harvey to 4 1 September the 20th. I anticipate having it completed 2 tomorrow, so we may get it in before it's late, and I'll 3 need you to log in the computer and find out. 4 The grant is by Kerr County and will cover 5 the Sheriff, Sheriff's Deputies, Constables and Deputy 6 Constables for a total of 58 vests. The vests and 7 carriers cost 500 dollars each for a total of 29 8 thousand dollars. These vests are intended to be worn 9 quickly over the officer's uniform during an event. 10 The Governor's office will determine how 11 many vests each agency receives depending on funds 12 available. I'm applying for every Kerr County officer 13 to be able to get one, just due to the fact that if we 14 had an active shooter event we would all be responding 15 to that event. 16 JUDGE POLLARD: Okay. Let the record 17 reflect that Commissioner Belew just came in about three 18 minutes after 11, and Commissioner Moser is not present, 19 but all the others commissioners are present. 20 At this time I have a question of you, what 21 does one of those things cost? 22 CHIEF DEPUTY BARTON: 500 dollars. 23 JUDGE POLLARD: And how many officers are 24 you applying for that? 25 CHIEF DEPUTY BARTON: 58. 5 1 JUDGE POLLARD: That's a chunk. 2 CHIEF DEPUTY BARTON: It's 29 thousand 3 dollars -- 4 JUDGE POLLARD: Yeah. 5 CHIEF DEPUTY BARTON: -- is what the grant 6 will be. Well the supply and the Governor's office 7 decides how far they can stretch this 25 million dollars 8 over the whole state. So all we can do is just apply 9 and see what we get. 10 JUDGE POLLARD: Well, any part of it we get 11 we'll be that far ahead. 12 CHIEF DEPUTY BARTON: Yes, Sir. I've placed 13 the Resolution that will have to be signed if this is 14 approved so I upload it into the grant application. 15 JUDGE POLLARD: This proposed Resolution 16 been approved by the County Attorney? 17 MRS. STEBBINS: I have not reviewed it yet. 18 (Chief Deputy Barton handing Mrs. Stebbins 19 document.) 20 MRS. STEBBINS: Probably it just follows the 21 COMMISSIONER REEVES: Should we read into 22 the record, the entire Resolution? 23 MRS. STEBBINS: I think so. 24 COMMISSIONER REEVES: And so I'll read it, 25 if that's all right with you, Chief? 6 1 CHIEF DEPUTY BARTON: I just gave my only 2 copy away. 3 MRS. STEBBINS: That's fine. I'll give it 4 to you. 5 COMMISSIONER REEVES: Whereas the 6 Commissioners' Court of Kerr County finds that it is in 7 the best interest of the citizens of Kerr County that 8 rifle resistant body armor grant program be operated for 9 the fiscal year 2017 with the project starting between 10 January first, 2018 and March 1, 2018, and not exceeding 11 12 months. 12 And whereas the Commissioners' Court of Kerr 13 County agrees that there are no matching funds required 14 for said grant application, 15 And whereas the Commissioners' Court of Kerr 16 County agrees that in the event of loss or misuse of the 17 office of the Governor funds, the Commissioners' Court 18 of Kerr County assures that the funds will be returned 19 to the office of the Governor in full, 20 Whereas, the Commissioners' Court of Kerr 21 County designates the County Judge as the Grantee's 22 authorized official. That authorized official is given 23 the power to apply for, reject, or terminate the grant 24 on behalf of the applicant agency, 25 And therefore, be it resolved that the 7 1 Commissioners' Court of Kerr County approves submission 2 of the grant application for the rifle resistant body 3 armored grant program to the office of the Governor, and 4 it will be signed by the County Judge on this date. 5 JUDGE POLLARD: Okay. Has the County 6 Attorney now approved it? 7 MRS. STEBBINS: I have yes, Sir. 8 JUDGE POLLARD: Okay. Is there a motion? 9 COMMISSIONER REEVES: I make a motion to 10 accept the Resolution as I just read into the record, 11 and authorize the County Judge to sign the same. 12 JUDGE POLLARD: Is there a second? 13 COMMISSIONER BELEW: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Reeves, seconded by Commissioner Belew to approve the 16 Resolution as read into the record verbatim by 17 Commissioner Reeves just now, and which is to authorize 18 the application for a grant for rifle resistant body 19 armor from the rifle resistant body armor grant program 20 with the Governor's office, and all things fully set out 21 in the proposed resolution. Is there any further 22 comment or discussion? There being none, those in favor 23 signify by raising your right hands. Those opposed like 24 kind. It passed three to zero. 25 Item 1.2 Consider, discuss and take 8 1 appropriate action to authorize Judge Pollard or 2 Commissioner Letz to sign documents related to TWDB 3 Project #10366 (Center Point/East Kerr County Wastewater 4 Project) after project approval by Commissioners' Court. 5 COMMISSIONER LETZ: I put this on the agenda 6 because the next item is beginning to start talking 7 about the application for the next round. There are 8 lots of documents that need to be signed with these 9 grant applications, and just to -- once they've been 10 approved by the Court the application of the project, 11 specific projects, we'll just authorize one of us to 12 sign those documents. 13 JUDGE POLLARD: I think it's entirely 14 appropriate that at least that we have two people to 15 sign for that, because everybody's out of pocket every 16 now and then, two of us to authorize and then it gets 17 done, and there are deadlines on that that are critical. 18 COMMISSIONER LETZ: Right, and I'm currently 19 on the Water Development Board right now. I mean I 20 think it's kind of in -- I sign a lot of their documents 21 as well as the judges, so it's consistent with what 22 we're currently doing, this is just kind of a clean-up 23 thing to make sure that there's no question about it. 24 And we had a meeting before last week and this is one of 25 the things that they thought was probably a good idea to 9 1 just go ahead and get it done specifically. And the 2 reason we cited the project -- this doesn't include the 3 Department of Agriculture grants or any of those grants. 4 There's only the basically SRF funds. 5 JUDGE POLLARD: The question to the County 6 Attorney, there isn't any conflict of interest there 7 with him being on the Board? 8 MRS. STEBBINS: I don't believe so. 9 COMMISSIONER LETZ: I'll make a motion then. 10 I worded it slightly different just because of the -- 11 well, authorize Judge Pollard and Commissioner Letz to 12 sign documents related to Texas Water Development Board 13 project number 10366 Center Point/East Kerr County 14 wastewater project after approval of project or project 15 application by Commissioners' Court. 16 JUDGE POLLARD: Okay. And that's Judge 17 Pollard or Commissioner Letz. You read -- 18 COMMISSIONER LETZ: I meant or. It should 19 be or, correct. 20 JUDGE POLLARD: Yeah, okay. We don't want 21 to put both of us required to sign it, kind of defeats 22 the purpose. 23 All right, is there a second? 24 COMMISSIONER BELEW: I'll second. 25 JUDGE POLLARD: All right, it's been moved 10 1 by Commissioner Letz, seconded by Commissioner Belew to 2 authorize the County Judge or Commissioner Letz to 3 execute documents related to the Texas Water Development 4 Board project number 10366, but as specifically 5 dictated into the record by Commissioner Letz. Okay? 6 COMMISSIONER LETZ: Okay. 7 JUDGE POLLARD: Is there any further comment 8 or questions about it? Then those in favor of the 9 motion signify by raising your right hands. Mr. Belew. 10 Okay. Those opposed like sign, zero. It passes three 11 to nothing. 12 All right, 1.3 consider, discuss and take 13 appropriate action on Order Requesting Financial 14 Assistance from the Texas Water Development Board 15 relating to the Center Point/East Kerr County Wastewater 16 System; Authorizing the filing of an Application for 17 Assistance; and making certain findings in connection 18 therewith. Mr. Letz. 19 COMMISSIONER LETZ: In the backup there's an 20 an order that is drafted by our bond Council, Tom 21 Spurgeon, which is basically authorizes us to apply, 22 this goes into the application package. We thought this 23 package was going to be due originally it was on 24 September 14th, but we believe that has been now 25 extended to October 5th because of hurricane Harvey, but 11 1 regardless it's something we need to get signed, and I'd 2 rather get our application in early. 3 JUDGE POLLARD: So is that motion? 4 COMMISSIONER LETZ: That is a motion to 5 approve the order as submitted by Mr. Spurgeon. 6 JUDGE POLLARD: Is there a second? 7 COMMISSIONER REEVES: With one question. 8 The last page of the backup, the certificate for order 9 is dated the 11th. Is that significant, or we going to 10 change that as needed? 11 COMMISSIONER LETZ: We probably should put 12 it -- change it to today's date. If I can get Mr. 13 Spurgeon to change that. Because he originally thought 14 it was supposed to be on our agenda for the 11th. 15 COMMISSIONER REEVES: And any other dates. 16 I didn't see any more, but if there should be some, I 17 see the page before that, and would your motion be to 18 make it effective today? 19 COMMISSIONER LETZ: Yes. 20 COMMISSIONER REEVES: Then I'll second that. 21 JUDGE POLLARD: All right, it's been moved 22 by Commissioner Letz, seconded by Commissioner Reeves in 23 connection with item 1.3 of the agenda, to authorize 24 execution of the proposed order that was submitted as 25 set forth in item 1.3, and is in the backup material. 12 1 Is there any further comment or discussion? There being 2 none, those in favor signify by raising your right 3 hands. Those opposed like sign. It passes three to 4 zero. 5 Item 1.4 consider, discuss and take 6 appropriate action regarding the interlocal agreement 7 with San Patricio County. Mr. Thomas, if you're not too 8 tired. 9 MR. THOMAS: No. I think I can muster up to 10 get over here, yes, Sir. Good morning. Basically what 11 we're trying to do is extend the original one week for 12 sheltering point to point evacuees from San Patricio 13 County for another seven days; however, they have all 14 gone back home at this time, so I really don't think we 15 need to extend extend the sheltering for another week. 16 JUDGE POLLARD: So you don't want to extend 17 it? 18 MR. THOMAS: No, Sir, not for another week. 19 Now, that doesn't mean we won't have to shelter them 20 again during hurricane season, it's just one week 21 periods. So we got until the end of November is when 22 hurricane season ends. So we could shelter -- we could 23 do it once a week. I hope not. 24 JUDGE POLLARD: What I'm getting at is we 25 don't need a Resolution? 13 1 MR. THOMAS: I don't believe so. 2 COMMISSIONER REEVES: Because I believe we 3 approved one last Monday, extended -- Jody, help me, to 4 the 8th. 5 MRS. GRINSTEAD: Yes. 6 COMMISSIONER REEVES: And even though 7 there's no need for it, we don't need to extend it past 8 what the previous court order was? 9 MR. THOMAS: That's correct. 10 COMMISSIONER REEVES: So virtually no action 11 is needed, because I -- and I'll ask County Attorney, it 12 expires automatically -- 13 MRS. STEBBINS: Yes. 14 COMMISSIONER REEVES: -- after seven days, 15 correct? 16 MRS. STEBBINS: That's correct. 17 COMMISSIONER LETZ: There was a request from 18 the San Patricio County Judge to extend it, but I'm not 19 sure, it might be under the current extension that we're 20 under that he was asking about. 21 MR. THOMAS: Yes, Sir. I think so. I think 22 those just passed each other. He sent his up by the 23 time all of their residents had gone back. 24 COMMISSIONER LETZ: So I just want to make 25 sure that we're, you know -- we're not doing something 14 1 that he's requesting that we do. 2 MR. THOMAS: No. We don't have any of his 3 citizens here, so -- 4 JUDGE POLLARD: I never did connect with 5 him. 6 MR. THOMAS: Oh, really. 7 JUDGE POLLARD: We never talked. 8 MR. THOMAS: I think he's pretty busy. But 9 he just probably sat down and hammered out that letter 10 real quick. 11 JUDGE POLLARD: Okay. All right, then no 12 action on that. 13 Then 1.5 consider, discuss and take 14 appropriate action regarding extending the Disaster 15 Declaration as it pertains to the tropical 16 storm/hurricane Harvey. 17 MR. THOMAS: I think we need to go ahead and 18 extend that, yes, Sir. 19 JUDGE POLLARD: Is that the one through 20 October, November? 21 MR. THOMAS: Yes, Sir. At this point even 22 though it does say hurricane Harvey, we still could 23 shelter some people here. I kind of doubt that, but 24 there are -- 25 JUDGE POLLARD: We should say the hurricane 15 1 season. 2 MR. THOMAS: Hurricane season, yes, sir. 3 I think the City of Kerrville did there's for an 4 indefinite period. 5 COMMISSIONER REEVES: I thought they did it 6 for another 30 days is what I was aware of. 7 MR. THOMAS: I was told they were going to 8 do it indefinitely. If they did it for 30 days then we 9 could be consistent with that. 10 COMMISSIONER BELEW: Well, we need a 11 deadline on it. We need to have an end so it'll expire. 12 MR. THOMAS: I believe so, yes, sir. 13 COMMISSIONER BELEW: So that would be the 14 end of November, the beginning -- 15 MR. THOMAS: I would say to the end of 16 November. The end of hurricane season. 17 JUDGE POLLARD: The end of November or -- 18 MR. THOMAS: There's three more out there, 19 so there's no telling. 20 MRS. GRINSTEAD: Not being the attorney 21 here, but I thought we could only do it for 30 days at a 22 time. The Judge could do it for seven days without the 23 Commissioners' Court, but with full Court we could do it 24 for 30 days. 25 MR. THOMAS: That's what Summer said. 16 1 MRS. STEBBINS: That's what I understood. 2 After our last meeting after looking at the declaration 3 that it was a 30 day -- 4 MR. THOMAS: Let's just do 30 days then. 5 MRS. GRINSTEAD: And it's currently set to 6 expire, I think, September 8th. 7 MR. THOMAS: So we need to go 30 days from 8 September the 8th. 9 JUDGE POLLARD: That means we'll have to do 10 it twice more on the agenda to get it through the end of 11 November. 12 COMMISSIONER REEVES: If it a life's -- you 13 can do it immediately. 14 MR. THOMAS: If it's necessary, yes, Sir, we 15 can do it immediately just like prior to Harvey's 16 landfall. 17 JUDGE POLLARD: All right, is there a 18 motion? 19 COMMISSIONER LETZ: I make a motion that we 20 extend the disaster declaration 30 days from September 21 8th. 22 COMMISSIONER REEVES: I'll second that. 23 JUDGE POLLARD: Been moved by Commissioner 24 Letz, seconded by Commissioner Reeves to extend the 25 disaster declaration term by 30 days from September the 17 1 8th, 2017. Is there any further discussion or comment? 2 There being none, those in favor of the motion signify 3 by raising their right hand. It's three zero, 4 unanimous, it passes. 5 I believe that completes the agenda today. 6 Is there any other business for the Commissioners' 7 Court? If there's not, we're adjourned. Thank you. 8 * * * * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 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 7 contain and comprise a true and correct transcription of 8 the proceedings had in the above-entitled Commissioners' 9 Court. 10 Dated this the 6th 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