1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, October 23, 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. 7 4 1.1 Consider, discuss and take appropriate 10 action for the Commissioners' Court to 5 surplus the 2005 Etnyre Chip Spreader (RBU129), Precincts 1, 2, 3, and 4. 6 1.2 Consider, discuss and take appropriate 13 7 action for the Court to Approve a Preliminary Plat for Hidden Springs- 8 Phase 1, Pct. 3. 9 1.3 Consider, discuss and take appropriate 14 action for the Court to approve a 10 Preliminary Plat for Hidden Springs- Phase 2, Pct. 3. 11 1.4 Consider, discuss and take appropriate 16 12 action for the Commissioners' Court approval to fill a budgeted Assistant 13 Mechanic Position (15) in the Road and Bridge Department, Pcts. 1, 2, 3, and 4. 14 1.5 Consider, discuss and take appropriate 18 15 action for the Court to approve an engineering contract for foundation 16 design of a steel shelter over the fuel tank island at the Spur 100 Road and 17 Bridge yard, Pcts. 1, 2, 3, and 4. 18 1.9 Consider, discuss and take appropriate 21 action on closure of the Juvenile Detention 19 Facility. This includes, but is not limited to: Action on the contract with 20 Ricoh USA. 21 1.6 Consider, discuss and take appropriate 25 action for the Court to release a public 22 improvements financial guarantee to the developer of Harper Estates in accordance 23 with Kerr County Subdivision Regulations. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.10 Consider, discuss and take appropriate 27 action on closure of the Juvenile Detention 4 Facility. This includes, but is not limited to: Action on the custodianship 5 of employee files. 6 1.11 Consider, discuss and take appropriate 29 action on closure of the Juvenile Detention 7 Facility. This includes, but is not limited to: Action on the custodianship 8 of juvenile case files. 9 1.7 Consider, discuss and take appropriate 32 action concerning a request from Kerrville 10 to abandon an effluent discharge easement and relocate a storm drainage easement 11 across Kerr County property, and an update on the Kerrville Reuse Pond and impact to 12 the floodplain for Third Creek. 13 1.8 Consider, discuss and take appropriate 48 action for the Court to authorize the 14 County Attorney to prepare an Interlocal Agreement with Kerrville for a one-time 15 maintenance improvement project Bear Creek Crossing in the vicinity of the Kerrville 16 Corporate Limits, and to authorize the County Judge to sign same. 17 1.12 Consider, discuss and take appropriate 54 18 action on closure of the Juvenile Detention Facility. This includes, but is not 19 limited to: Action on termination of certain contracts for the Juvenile 20 Detention Facility. 21 1.13 Consider, discuss and take appropriate 56 action on closure of the Juvenile Detention 22 Facility. This includes, but is not limited to: Authorizing continued access 23 and use of the building by the Kerr County Juvenile Probation Department. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Consider, discuss and take appropriate 58 action on closure of the Juvenile Detention 4 Facility. This includes, but is not limited to: The need for ongoing services 5 at the Facility. Services may include: natural gas, electricity, inspections, 6 pest control and maintenance. 7 1.15 Consider, discuss and take appropriate 63 action on closure of the Juvenile Detention 8 Facility. This includes, but is not limited to: Designation and authorization 9 of the Kerr County Juvenile Probation Department to act on behalf of Kerr County 10 in matters concerning the Facility with such actions being limited. Actions would 11 require consultation with the appropriate County departments (County Attorney, County 12 Auditor, Maintenance, Information Technology, Etc.) And/or the Kerr County Commissioners' 13 Court. 14 1.16 Consider, discuss and take appropriate 65 action on closure of the Juvenile Detention 15 Facility. This includes, but is not limited to: Transfer of items, supplies, 16 and equipment from the JDC to other county offices. 17 18 1.17 Consider, discuss and take appropriate 70 action to approve renewal of (TAC) County 19 Choice Silver Retiree Medical/RX Supplemental for 2018 and have County 20 Judge sign same. 21 1.18 Consider, discuss and take appropriate 72 action to replace the projector at the 22 Union Church Building. 23 1.19 Consider, discuss and take appropriate 75 action to increase Judge Pollard's Bond 24 of Office from $10,000 to $100,000 pursuant to Senate Bill 40. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.20 Consider, discuss and take appropriate 76 action to approve Application to be used 4 when requesting a Mass Gathering Permit in Kerr County. 5 1.21 Consider, discuss and take appropriate 79 6 action to approve amendment to the Management Agreement with Global Spectrum 7 L.P. d/b/a Spectra Venue Management for the Hill Country Youth Event Center. 8 1.22 Consider, discuss and take appropriate 83 9 action to set bonds for Emergency Services District #1 Treasurer, and Emergency 10 Services District # 2 Treasurer. 11 1.23 Consider, discuss and take appropriate 86 action regarding modifications to the 12 contracts with the Volunteer Fire Departments. 13 1.24 Consider, discuss and take appropriate 89 14 action regarding Interlocal Agreement between Kerr County and the City of 15 Kerrville regarding the Provision of Animal Control Services within the city 16 of Kerrville, and Access to the Butt-Holdsworth Memorial Library for 17 residents of Kerr County. 18 1.25 Consider, discuss and take appropriate 107 action to adopt a resolution to enter 19 into a financing contract with Government Capital for the purpose of financing a 20 2017 chip spreader for the Road and Bridge Department, and to authorize the County 21 Judge to sign the contract and associated documents. 22 1.28 Consider, discuss and take appropriate 111 23 action to authorize Kerr County Sheriff to accept a donation for the Equipment Fund. 24 25 6 1 I-N-D-E-X 2 NO. PAGE 3 4.1 Pay bills. 113 4 4.2 Budget Amendments. 113 5 4.3 Late Bills. 113 6 4.4 Approve and accept Monthly Reports. 113 7 4.5 Auditor Reports. 114 8 5.1 Reports from Commissioners/Liaison 114 Committee Assignments as per attachment. 9 5.2 Reports from Elected Officials/Department 114 10 Heads. 11 5.3 Reports from Boards, Commissions and 114 Committees. 12 a). City/County Joint Projects or Operations Reports 13 b). Other 14 1.24 Consider, discuss and take appropriate 115 action regarding Interlocal Agreement 15 between Kerr County and the City of Kerrville regarding the Provision of 16 Animal Control Services within the city of Kerrville, and Access to the 17 Butt-Holdsworth Memorial Library for residents of Kerr County. 18 1.26 Consider, discuss and take appropriate 116 19 action regarding possible real property purchase. 20 *** Adjournment. 117 21 *** Reporter's Certificate. 118 22 * * * * * * 23 24 25 7 1 JUDGE POLLARD: It's Monday, October the 2 23rd, 2017, Kerr County Commissioners' Court is in 3 session. This is a regular session, and we'll begin 4 today with prayer and the Pledge of Allegiance by 5 Commissioner Reeves. Please stand and bow your heads. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE POLLARD: All right. This is the part 8 of the agenda where citizens can speak on something that 9 is not on the agenda. If you wish to do so step forward 10 to the podium, identify yourself by name and address, 11 and please limit your comments to three minutes. Is 12 there anyone wishing to speak on something that is not 13 on the agenda? If you're here to speak on something on 14 the agenda you'll do that when that item is called later 15 on, but if it's not on the agenda now's the time to step 16 forward. Is there anyone? All right, there being no 17 one we go to the next matter. 18 This is for comments from the Commissioners 19 and County Judge to recognize achievements of persons in 20 their Precinct, or events that take place or to make 21 comments on matters not listed. We'll start with 22 Precinct Number 1. 23 COMMISSIONER BELEW: Don't have any major 24 announcement. Got a little bit of rain. 25 JUDGE POLLARD: Well, you want to announce 8 1 that chili cook off? 2 COMMISSIONER BELEW: Well, I'll announce the 3 chili cook off, thank you. The chili cook off is coming 4 up at Turtle Creek Community Church on November the 4th. 5 If you're a cook, or you think you are, or somebody ever 6 told you you were, you can present your chili there and 7 be part of the events. It's a fundraiser for the 8 church. This has been done in the past for the Turtle 9 Creek Volunteer Fire Department, they've been very 10 supportive of them, and so I'm the guy that has the 11 tickets for it. 12 JUDGE POLLARD: And what do they run? 13 COMMISSIONER BELEW: Let's see. $3.00 for 14 kids 12 and under, and $5.00 to taste or judge the 15 chili, $10.00 to enter your chili. You going to cook, 16 Judge? 17 JUDGE POLLARD: I don't know. I don't think 18 so, I'm not a chili cook. I like brisket and chicken 19 and -- 20 COMMISSIONER BELEW: I only have one entry 21 form, if there's a cook here. 22 COMMISSIONER MOSER: But you can reproduce 23 it. 24 COMMISSIONER BELEW: Thank you for reminding 25 me. 9 1 JUDGE POLLARD: Number 2. 2 COMMISSIONER MOSER: I don't have a thing. 3 JUDGE POLLARD: Well, this past week was 4 lots of classes had their reunions. I went to my 60th 5 class reunion. We only have one about every 20 years, 6 so I told them this is probably the last one, we're all 7 78 now, I don't think any of us will make 98. But there 8 were a lot of other classes that had -- my sister had 9 her 50th class reunion, too, and I think Bob knows about 10 that one. And there were lots of class reunions, and it 11 was a good time for all. You have anything? 12 COMMISSIONER LETZ: No, Sir. 13 COMMISSIONER REEVES: Well, there's several 14 things going on. County Fair starts this weekend at the 15 Event Center, Hunt has their big fall carnival at the 16 school, and the parade up the street from the Hunt 17 Store, so that's going to be on Saturday, and then 18 November -- well the Friday before hunting season out at 19 the Divide Fire Station is Divide ISD's wild game 20 dinner. And I'm sure Commissioner Moser forgot, but I 21 think there's a pretty good fish fry at the fire 22 department in Center Point this weekend, isn't there? 23 COMMISSIONER MOSER: Unless they changed 24 that. I need to verify that. 25 COMMISSIONER REEVES: I think there is. So 10 1 if you're hungry I think there's plenty of places in the 2 County to be this weekend and the next couple of weeks. 3 And then naturally all the hunters will be hitting town 4 before long, and that's one heck of an economic boom for 5 the County. 6 JUDGE POLLARD: That's been going on a long 7 time at that fire department, and it's very well 8 attended out there. 9 COMMISSIONER REEVES: Bill Bacon does a 10 great job of it. 11 JUDGE POLLARD: Yeah. Timeliness, too, I 12 forgot to mention there's a gun and knife show this 13 weekend that's set right before hunting season, so those 14 guys are pretty smart over there, over at the 15 fairgrounds. 16 All right, we'll go to item 1.1 on the 17 agenda. Consider, discuss and take appropriate action 18 for the Commissioners' Court to surplus the 2005 Etnyre 19 chip spreader. Hi Kelly. 20 MS. HOFFER: Hi. How are you? 21 JUDGE POLLARD: All right. 22 MS. HOFFER: Good. We've ended our sealcoat 23 program for fiscal year 16-17, and the new chip spreader 24 that the Court had approved for this fiscal year, the 25 2017 Etnyre chip spreader, it was supposed to arrive in 11 1 December, and I got a phone call that it's sitting in 2 San Antonio. And you'll notice later on in the agenda 3 1.25 Brenda is going to go through with the Government 4 Capital financing for it. But I'm here today to surplus 5 that unit, we do have a buyer for it. Cooper had 6 offered us 50 thousand for a trade-in, and I was able to 7 finagle in another additional 35 thousand on top of that 8 so we actually will get 85 thousand for our chip 9 spreader as opposed to 50 thousand for the trade with 10 Cooper. 11 So at this time, I ask the Commissioners' 12 Court to surplus the 2005 Etnyre chip spreader, the vin 13 number on it is K6079. 14 COMMISSIONER MOSER: Question, Kelly. The 15 85 thousand was from Cooper, you increased it 35, or 16 from some other buyer? 17 MS. HOFFER: Say that again. 18 COMMISSIONER MOSER: Say the 85,000 was from 19 Cooper, or was that from another source? 20 MS. HOFFER: No. Cooper offered us 50 21 thousand as a trade-in, and Bandera County found out 22 that we were going to get a brand new one, they were 23 going to try to get a brand new one and I think their 24 Court when they saw the price wouldn't let them get a 25 new one, and they're replacing a 1984 chip spreader with 12 1 this one, so this will serve them very well and save 2 them quite a bit of money. 3 COMMISSIONER MOSER: I move that we surplus 4 the chip spreader as delineated by Kelly. 5 COMMISSIONER BELEW: Second. 6 COMMISSIONER REEVES: Question, County 7 Attorney, can we sell it direct to them without a 8 competitive bid? 9 MRS. STEBBINS: After it's surplused, yes, 10 Sir. 11 COMMISSIONER REEVES: Because they're a 12 government entity. 13 MRS. STEBBINS: Yes, Sir, that's correct. 14 MS. HOFFER: And I have received a bill of 15 sale that I worked with Brenda and Heather, and will be 16 filling out that bill of sale when we get ready to do -- 17 when we get the check from Bandera County. 18 COMMISSIONER LETZ: I'll second the motion. 19 JUDGE POLLARD: Okay, been moved by 20 Commissioner Moser, seconded by Commissioner Letz to 21 approve item 1.1 on the agenda, and that is to approve 22 the surplus sale of 2005 Etnyre -- is that the way you 23 pronounce that? 24 MS. HOFFER: Yes. 25 JUDGE POLLARD: Etnyre chip spreader to 13 1 Bandera County for 85 thousand dollars. Is there any 2 further comment? If not, those in favor of the motion 3 signify by raising your right hands. It's four zero, 4 unanimous. 5 MS. HOFFER: Thank you. 6 JUDGE POLLARD: All right, 1.2 consider, 7 discuss and take appropriate action for the Court to 8 approve a preliminary plat for Hidden Springs Phase 1 in 9 Precinct 3. Mr. Hastings. 10 MR. HASTINGS: Thank you. Hidden Springs, 11 we had a concept plan that was previously approved by 12 Commissioners' Court on September 11th, 2017. That is 13 court order 36318. This proposed subdivision consists 14 of property located in Kendall County and Kerr County. 15 Access to the subdivision will be off of US 87 in 16 Kendall County. Their proposing private wells, OSSF. 17 It's outside of the floodplain. There will be two roads 18 in there about a mile worth of road total. It will be 19 private road privately maintained. 17 lots, the 20 smallest lot size will be 5.01 acres. The total acreage 21 is 128.13 acres. The County Engineer requests the Court 22 approve the preliminary plat for Hidden Springs Phase 1, 23 Precinct 3. 24 COMMISSIONER LETZ: I move for approval. 25 COMMISSIONER BELEW: Second. 14 1 JUDGE POLLARD: Been moved by Commissioner 2 Letz, seconded by Commissioner Belew to approve item 1.2 3 on the agenda, and that is to approve the preliminary 4 plat for Hidden Springs Phase 1 situated in Precinct 3. 5 Is there any further comment or discussion? There being 6 none, those in favor signify by raising your right 7 hands. It 's four zero, unanimous. 8 Item 1.3 consider, discuss and take 9 appropriate action for the Court to approve a 10 preliminary plat for Hidden Springs Phase 2 in 11 Precinct 3. 12 MR. HASTINGS: Thank you. Again, this 13 subdivision, or the concept plan for Hidden Springs 14 overall, both phases 1 and 2, was previously approved in 15 a concept plan on September 11th, 2017 by this Court, 16 court order number 36318. This subdivision is the 17 second phase of Hidden Springs. It's a 419.25 acres 18 total, proposed number of lots is 75. Smallest lot size 19 would be 5.01. Private wells, OSSF. There are portions 20 in the floodplain, lots 51 and 52 include small areas 21 within the floodplain, and these lots must meet 22 requirements for developing in the floodplain. There 23 are proposed roads, six, about three miles of roads, 24 five cul-de-sacs. It will be private roads, privately 25 maintained. And would like to note that when Phase 1 15 1 gets constructed, if they're not ready to go with 2 Phase 2 immediately they will have temporary cul-de-sacs 3 on Phase 1, but then Phase 2 would complete that loop, 4 Inspiration Loop, and those additional lots, 75. 5 County Engineer requests that the Court 6 approve the preliminary plat for Hidden Springs Phase 2, 7 Precinct 3. 8 COMMISSIONER LETZ: Move for approval. 9 COMMISSIONER REEVES: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Letz, seconded by Commissioner Reeves for approval of 12 item 1.3 on the agenda, and that is to approve the 13 preliminary plat for Hidden Springs Phase 2, situated in 14 Precinct 3. Any further comment or discussion? 15 COMMISSIONER MOSER: Question. I think we 16 discussed this before, I think in Phase 1 on determining 17 water availability. Was there -- I think Jonathan 18 mentioned that before that -- 19 COMMISSIONER LETZ: Right. They have done a 20 number of them. They have one monitored well that 21 Headwaters operates, and they've drilled a number of 22 additional wells -- 23 COMMISSIONER MOSER: To check for 24 availability. 25 COMMISSIONER BELEW: Good water. 16 1 COMMISSIONER LETZ: -- to meet the 2 requirements of Kerr County, and they've actually 3 drilled additional wells because Kendall County has 4 different requirements than we do. Because the way the 5 subdivision's configured they've gone above and beyond 6 the availability of water for us. 7 COMMISSIONER MOSER: Okay, thank you. 8 COMMISSIONER LETZ: Charlie. Well, I'll ask 9 you on this one. The road issue on the easement 10 width -- 11 MR. HASTINGS: Yes. 12 COMMISSIONER LETZ: -- on Phase 1, didn't 13 they change the alignment, did that get rid of the need 14 for a variance on that? 15 MR. HASTINGS: I believe so. Again, it's 16 based on the number of lots that are served. 17 COMMISSIONER LETZ: Right, it's a split. 18 MR. HASTINGS: And because it's split, the 19 number of lots gets cut in half, so it's a non issue. 20 COMMISSIONER LETZ: Okay, good. 21 JUDGE POLLARD: All right. Is there any 22 further discussion? If not, those in favor of the 23 motion signify by raising their right hands. It's four 24 zero, unanimous. 25 All right, we'll go to item 1.4 consider, 17 1 discuss and take appropriate action for the 2 Commissioners' Court approval to fill a budgeted 3 assistant mechanic position, number 15, in the Road and 4 Bridge Department, situated of course that's in all four 5 precincts. Hi, Kelly. 6 MS. HOFFER: Hi. The Road and Bridge 7 Department has an open budgeted assistant mechanic 8 position that we would like to fill. At this time, I 9 ask Commissioners' Court for their final approval to 10 fill an open budgeted assistant mechanic position in the 11 Road and Bridge Department. 12 COMMISSIONER REEVES: And this will start at 13 a pay -- 14 MS. HOFFER: 15. 15 COMMISSIONER REEVES: -- 15. 16 MS. HOFFER: Yes, Sir. 17 COMMISSIONER REEVES: Move for approval of 18 the agenda item as written. 19 COMMISSIONER BELEW: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Reeves, seconded by Commissioner Belew to approve item 22 1.4 on the agenda, and that to for the Commissioners' 23 Court to approve the hiring of a budgeted assistant 24 mechanic position at 15 in the Road and Bridge 25 Department. Any further comment or discussion? There 18 1 being none, those in favor signify by raising their 2 right hands. It's four zero unanimous. 3 MS. HOFFER: Thank you. 4 JUDGE POLLARD: Item 1.5 consider, discuss 5 and take appropriate action for the Court to approve an 6 engineering contract for foundation design of a steel 7 shelter over the fuel tank island at the Spur 100 Road 8 and Bridge yard. Mr. Hastings. 9 MR. HASTINGS: Thank you. The Road and 10 Bridge Department plans to have a 34 foot by 70 foot 11 steel shelter, there will be no walls, just a roof only 12 constructed over the fuel tank island at the Spur 100 13 yard. The shelter will be a pre-engineered metal 14 building type structure, and Maxwell Engineering, PLLC 15 would be used for the foundation design in the amount of 16 15 hundred dollars. 17 Following the foundation sign the foundation 18 and pre-engineered metal building would be constructed 19 by Feller Fabrications, LLC for an estimated $20,000.00, 20 and concrete testing for the foundation would be 21 performed by Rock Engineering for a thousand dollars. 22 The total expenditure would be $22,500.00 out of Road 23 and Bridge line item 15-612-553. That's out of contract 24 fees of which the current balance is 24,550. 25 County Engineer requests the Court approve a 19 1 contract with Maxwell Engineering, PLLC for foundation 2 design of a steel shelter over the fuel tank island at 3 the Spur 100 Road and Bridge yard in an amount of 15 4 hundred dollars to be paid out of Road and Bridge line 5 item 15-612-553 as contract fees. This is in Precinct 6 1, but it affects all precincts. 1, 2, 3 and 4. 7 COMMISSIONER MOSER: So move. 8 MR. HASTINGS: Or Precinct 2, I apologize. 9 COMMISSIONER MOSER: So move. 10 COMMISSIONER BELEW: Well, I have a 11 question. The design for the foundation -- 12 MR. HASTINGS: Yes, Sir. 13 COMMISSIONER BELEW: -- and who's pouring 14 the concrete? 15 MR. HASTINGS: The concrete would be done by 16 Feller Fabrications. 17 COMMISSIONER BELEW: So they're doing the 18 rest of the work? 19 MR. HASTINGS: They would do the rest of the 20 work. 21 COMMISSIONER BELEW: What exactly goes into 22 a design of how to pour the concrete? 23 MR. HASTINGS: How deep, and how big in 24 order to be able to support the structure, and then be 25 able to resist all the wind loads and so forth during 20 1 storms. 2 COMMISSIONER BELEW: SOP, Feller doesn't do 3 that? 4 MR. HASTINGS: Feller doesn't do the design. 5 It's gotta be done by a licensed professional engineer. 6 COMMISSIONER BELEW: And that's the legal 7 part? 8 MR. HASTINGS: Yes, Sir. 9 COMMISSIONER BELEW: Just clarifying. 10 JUDGE POLLARD: Any further comment or 11 discussion? 12 COMMISSIONER LETZ: Second. 13 JUDGE POLLARD: It was moved by Commissioner 14 Moser, seconded by Commissioner Letz to approve item 1.5 15 on the agenda, and that is to authorize an engineering 16 contract for the foundation design of a steel shelter 17 over the fuel tank island at the Spur 100 Road and 18 Bridge yard. Any further comment or discussion? 19 COMMISSIONER REEVES: Did County Attorney 20 review the contract? 21 MRS. STEBBINS: Yes, Sir. I've worked with 22 Maxwell. 23 COMMISSIONER REEVES: Any concerns? 24 MRS. STEBBINS: No, Sir. 25 JUDGE POLLARD: And that would be at the 21 1 price and figures that were dictated into the record by 2 Mr. Hastings, and it's a budgeted item, I think. 3 MR. HASTINGS: Yes. 4 JUDGE POLLARD: All right, any further 5 comment or discussion? There being none, those if favor 6 signify by raising their right hands. It's four zero 7 unanimous. 8 Item 1.6 consider, discuss and take 9 appropriate action for the Court to release a public 10 improvements financial guarantee to the developer of 11 Harper Estates in accordance with Kerr County 12 subdivision regulations. Mr. Hastings again. 13 COMMISSIONER REEVES: Judge, we're about two 14 minutes too early on this timed item. 15 JUDGE POLLARD: Want to talk slow? 16 COMMISSIONER REEVES: No. Just telling you. 17 JUDGE POLLARD: Okay. All right, 1.9 then. 18 Consider, discuss and take appropriate action on closure 19 of the juvenile detention facility. This includes, but 20 is not limited to action on the contract with Ricoh USA. 21 Mr. Davis. 22 MR. DAVIS: Good morning, Your Honor, 23 Commissioners. This is a contract that we have in place 24 that we obviously executed not knowing that we'd be 25 closing the facility. I have been seeking advice of the 22 1 County Attorney, she -- I'm going to defer to her, but 2 she thinks we can terminate this contract through a 3 government clause. She can explain that in greater 4 detail. I'm asking that this contract be terminated, 5 because we have, I believe, four years left on the 6 contract that are not budgeted. 7 MRS. STEBBINS: That's correct. And 8 generally with these Ricoh contracts you cannot cancel 9 them or terminate them, but there is a provision that in 10 their master agreement, an addendum to that, that is for 11 state and local governments that includes a non 12 appropriations clause, and so that if it's not funded it 13 can be terminated. I'm waiting to get a copy of that 14 from Ricoh, and between Jason and I over the past two 15 weeks we've been unable to do that, and I can't get my 16 hands on one that we've had before that I have seen when 17 approving these contracts. So what I can do is draft a 18 letter for Judge Pollard to sign once I have that in my 19 hands. But today y'all can approve, if you choose, 20 termination of that contract pursuant to its terms, 21 because the facility is closed, and then I'll provide a 22 letter to Judge Pollard. 23 COMMISSIONER BELEW: Well, I move that we 24 terminate the contract with Ricoh. 25 COMMISSIONER LETZ: Second. 23 1 JUDGE POLLARD: Moved by Commissioner Belew, 2 seconded by Commissioner Letz to terminate the contract 3 with Ricoh pursuant to the terms of the contract, but we 4 supposedly have a provision that we can do that. I'm 5 questioning maybe this is a little premature until we 6 see that in the contract for sure. 7 MRS. STEBBINS: I've seen it in the past, I 8 just can't find it, I can't find that provision. It 9 doesn't get attached to all of our Ricoh -- as you know 10 we have several Ricoh copiers and all of them have 11 different contracts and they don't attach it to each 12 one. But you'll see in the contract it's probably part 13 of the backup that it refers to the state and local 14 governments master agreement, and I've seen it, so that 15 that if you would like to approve the termination today, 16 and once I get that in my hands from Ricoh, I can 17 prepare that for you. 18 JUDGE POLLARD: Contingent upon it being in 19 there as you described. 20 MRS. STEBBINS: Yes, Sir. 21 COMMISSIONER LETZ: Well, Judge, to me we 22 need to cancel the contract regardless. I mean if we 23 don't have the -- 24 JUDGE POLLARD: Maybe another department 25 could use it. 24 1 MRS. STEBBINS: Let me find it. 2 COMMISSIONER BELEW: We're functioning 3 without it now. 4 JUDGE POLLARD: Hu? 5 COMMISSIONER BELEW: We're functioning 6 without it now, nobody's crying for one. 7 COMMISSIONER LETZ: We may be -- either way 8 the contract for the Juvenile Detention Facility, that 9 one's closed, there's no money to pay this contract, so 10 we have to cancel the contract it seems to me, and then 11 you know we can -- if there's a problem with 12 cancellation then we can readdress that. 13 JUDGE POLLARD: Come back and -- 14 COMMISSIONER BELEW: Yeah. 15 JUDGE POLLARD: As necessary. 16 COMMISSIONER LETZ: Right. 17 JUDGE POLLARD: All right. Is there any 18 further discussion? 19 COMMISSIONER LETZ: Just make sure on the 20 order that this references Juvenile Detention Facility 21 and the reason for cancellation is closure of the 22 facility. 23 MRS. STEBBINS: And the Court Order for that 24 particular contract if that is helpful is number 35491. 25 COMMISSIONER LETZ: Thank you. 25 1 MRS. STEBBINS: You're welcome. 2 JUDGE POLLARD: All right, those in favor of 3 the motion signify by raising their right hands. It's 4 four zero unanimous. 5 All right, now we go back to item 1.6 6 consider, discuss and take appropriate action for the 7 Court to release a public improvements financial 8 guarantee to the developer of Harper Estates in 9 accordance with Kerr County subdivision regulations. 10 Mr. Hastings. 11 MR. HASTINGS: Thank you. 12 Owner's/developers J&DMC Management LLC previously 13 submitted a final plat for Harper Estates, a proposed 12 14 lot 64.64-acre subdivision off of KC 476 in Precinct 4. 15 The Court approved the final plat on August 28th, 2017, 16 that was court order 36285. In order to file the final 17 plat the owner submitted a financial guarantee in the 18 amount of $7,500.00 to cover the cost of the cattle 19 guard. So October 3rd, 2017 pictures were taken of the 20 completed cattle guard installation and approved by the 21 County Engineer and Road and Bridge Crew Leaders. 22 Approval of the final plat also began the 23 one-year maintenance period for the road Jenna Lane. 24 Cash in the amount of $9,000.00 was submitted as a 25 financial guarantee for the one-year maintenance period 26 1 required for the road. At the conclusion of such 2 one-year maintenance period the County Engineer will 3 request the Court to accept Jenna Lane for maintenance 4 and release the financial guarantee. That's currently 5 planned for August of next year, 2018. 6 But at this point there's only one thing we 7 need to do, County Engineer requests the Court release a 8 public improvements financial guarantee in the amount of 9 75 hundred dollars to the developer of Harper Estates in 10 accordance with Kerr County subdivision regulations. 11 This is in precinct 4. And those public improvements 12 was the cattle guard, it's installed, it's there, it 13 looks good. 14 COMMISSIONER REEVES: Charlie, when we were 15 out there discussing this on the site, there was a 16 couple questions on drainage. Do you feel those have 17 been met? 18 MR. HASTINGS: Yes, they have. 19 COMMISSIONER REEVES: Move for the Court to 20 release a public improvement financial guarantee to the 21 developer of Harper Estates and in accordance with our 22 Kerr County subdivision regulations in an amount of 23 $7,$500.00. 24 COMMISSIONER MOSER: Second. 25 JUDGE POLLARD: Been moved by Commissioner 27 1 Reeves, seconded by Commissioner Moser in regard to item 2 1.6 on the agenda, and that is to release a public 3 improvements financial guarantee to the developer of 4 Harper Estates in accordance with the Kerr County 5 subdivision regulations, that guarantee being for 6 $7,500.00. Is there any further comment or discussion? 7 There being none, those in favor signify by raising your 8 right hands. It's four zero, unanimous. 9 We'll go to item 1.10 -- 10 COMMISSIONER REEVES: We're still early 11 again, Judge. 12 JUDGE POLLARD: Pardon. 13 COMMISSIONER REEVES: Oh, 10. He's ahead of 14 me. 15 JUDGE POLLARD: 1.10 consider, discuss and 16 take appropriate action on closure of the Juvenile 17 Detention Facility. This includes, but also not limited 18 to, action on the custodianship of employee files. 19 Mr. Davis. 20 MR. DAVIS: Your Honor, as I previously 21 addressed this Court on the issue and come back today 22 for action on that. With the closure of the facility we 23 need some entity or individual to become the custodian 24 of those records. It was the recommendation of the Kerr 25 County Juvenile Board that the HR files, the employee 28 1 personnel files be transferred back to Kerr County and 2 that HR Department become the custodian of those 3 records. I'm asking for that action today. 4 COMMISSIONER LETZ: I make a motion that we 5 authorize the Juvenile Detention Facility -- authorize 6 the HR Department to accept the personnel files from the 7 Juvenile Detention Facility for custodianship. 8 COMMISSIONER BELEW: Second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Letz, seconded by Commissioner Belew. This is pursuant 11 to item 1.10 on the agenda, that is to authorize the 12 custodianship of the employee files to be transferred to 13 HR, the employee files at the Juvenile Detention Center. 14 Is there any further discussion or comment? 15 COMMISSIONER BELEW: I have one question. 16 Are they all digitized, the files also -- 17 MR. DAVIS: They are not. We are -- 18 Mr. Trolinger is in the process of having, I believe, 19 two scanners set up in the JDC so that our staff that 20 are outgoing -- we still have staff in the building that 21 are working the sally port door. In addition to that 22 they will be scanning in all of those files until the 23 facility closes and we know longer have staff there. We 24 will then have our transportation officers on the 25 probation side, when they -- if they have down time they 29 1 will upload those files in the microfiche for HR so it 2 will not become a burden on the County. 3 COMMISSIONER BELEW: Good, great. 4 COMMISSIONER REEVES: You want to add to 5 that? 6 MRS. LANTZ: No. Jason and John and I have 7 all spoken, and they will go over there and get it 8 started, so -- 9 COMMISSIONER BELEW: Sounds like a good 10 plan. 11 JUDGE POLLARD: Those in favor of the motion 12 signify by raising their right hands. It's four zero 13 unanimous. 14 Item 1.11 consider, discuss and take 15 appropriate action on closure of the Juvenile Detention 16 Facility. This includes, but is not limited to, the 17 action on the custodianship of juvenile case files. 18 Mr. Davis. 19 MR. DAVIS: Previously addressed this Court 20 on this issue as well. The Court recommended at their 21 last meeting that -- Kerr County Juvenile Board, I'm 22 sorry, recommended that the case files of juveniles be 23 transferred to the Kerr County Juvenile Probation 24 Department for custodianship. The County Attorney, I 25 believe, is in agreement with this. 30 1 MRS. STEBBINS: Yes. 2 MR. DAVIS: I would ask these files be 3 transferred over to juvenile probation. Once the 4 facility closes, and we have the space, and we'll 5 probably be moved in within the next few months. But 6 until we have space. And the old JDC we don't have a 7 place to put them, but regardless of where the physical 8 location is, we would ask the juvenile probation 9 department and the Board become custodian of those 10 records. 11 COMMISSIONER LETZ: Make a motion that would 12 be authorize the transfer of the case files from 13 Juvenile Detention Facility to the Juvenile Probation 14 Board. 15 COMMISSIONER REEVES: Second. 16 JUDGE POLLARD: Been moved by Commissioner 17 Letz, seconded by Commissioner Reeves to authorize the 18 transfer of the case files for -- juvenile case files to 19 the -- 20 COMMISSIONER LETZ: Juvenile Probation 21 Board. 22 JUDGE POLLARD: -- Juvenile Probation 23 Department. Is there any further comment or discussion? 24 Yes, Ma'am. 25 MRS. STEBBINS: I think that that needs to 31 1 be clarified. The Juvenile Board and Juvenile Probation 2 Department are separate, and I think that it was the 3 intention to transfer custodianship to the Juvenile 4 Board and the Juvenile Probation Department, is that 5 correct? 6 COMMISSIONER LETZ: Juvenile Detention -- 7 Juvenile Probation Department, correct? 8 MR. DAVIS: Yes and no. Technically 9 speaking all juvenile files are the -- the ultimate 10 authority with control of those files is the Kerr County 11 Juvenile Board. That Board conveys the authority for 12 daily operation to the Probation Department. 13 COMMISSIONER LETZ: So we transfer the 14 authority to the Juvenile Probation Board. 15 MRS. STEBBINS: The Juvenile Board. 16 COMMISSIONER LETZ: The Juvenile Board. 17 MRS. STEBBINS: Who is then approve for that 18 custodianship to be in the Juvenile Probation 19 Department. 20 COMMISSIONER LETZ: That's what I wanted. 21 JUDGE POLLARD: So you're amending your 22 motion to so reflect? 23 COMMISSIONER LETZ: Yes. 24 JUDGE POLLARD: It so reflects. Second 25 agree to that? 32 1 COMMISSIONER REEVES: Yes. 2 JUDGE POLLARD: Any further discussion? 3 We'll get rid of this pretty quick before they change 4 their mind. 5 COMMISSIONER BELEW: I'm going to ask the 6 same question again. Are they going to be digitized? 7 MR. DAVIS: They will not be. All our 8 records are paper files, and there's a lot of reason for 9 it, but basically it's easier. If we have the space to 10 keep the paper files, we keep the paper files, and there 11 have become issues with the HIPAA issues, and that it's 12 just easier to keep them paper. And then so I would not 13 recommend that at all to the Board or anyone else. I 14 don't think the County Attorney would either. 15 JUDGE POLLARD: Lots of regulatory issues 16 involved in this. All right, those in favor of the 17 motion signify by raising their right hands. It's four 18 zero, unanimous. 19 Go back to 1.7 consider, discuss and take 20 appropriate action concerning a request from 21 Kerrville -- I'm assuming that's the City of Kerrville, 22 to abandon an effluent discharge easement and relocate a 23 storm drainage easement across Kerr County property, and 24 an update on the Kerrville reuse pond and impact to the 25 floodplain for Third Creek. That's several subjects in 33 1 there, Mr. Hastings. 2 MR. HASTINGS: A couple subjects yes, Sir. 3 Got a new exhibit to hand out. The one that I had in 4 your packet was based on a previous meeting, but they've 5 had a chance to do some engineering to come up with a 6 little bit better design. 7 Commissioner Moser, County Engineer 8 Hastings, Deputy City Manager E. A. Hoppe, Kerrville 9 Public Works Director Stuart Barron, met on October 4th, 10 2017 to discuss this item. Before proceeding with 11 surveying and the associated expenses therewith, 12 Kerrville staff would like to ask Commissioner Court if 13 they would support the concept of abandoning the 14 existing effluent easement and relocating the existing 15 storm drainage easement across Kerr County property. 16 This is the same property that the Juvenile Detention 17 Facility is on per the map that I just gave to you. The 18 floodplain at Third Creek was also discussed at that 19 meeting and City staff confirmed that the changes they 20 made to the interior of the reuse pond had no change or 21 bearing on the exterior of the pond or CLOMR submittal, 22 and that FEMA has dropped the review of the CLOMR. 23 Since the pond is already under construction and will 24 proceed to the LOMR review process at the conclusion of 25 the pond construction, which is on track to finish in 34 1 the spring of 2018. 2 COMMISSIONER MOSER: Charlie, define CLOMR 3 and LOMR for the record. 4 MR. HASTINGS: CLOMR is a conditional letter 5 of map revision, and LOMR is a letter of map revision. 6 Yes, Sir. Both of them are things that you would use, 7 tools that are used to make changes to the floodplain 8 maps, and get permission from FEMA and so forth, and 9 notify them. 10 Kerrville indicated they would have Deputy 11 City Manager E. A. Hoppe, Director of Public Works 12 Stuart Barron, and the City Engineer Kyle Burow at the 13 Court meeting to address any issues, and I see Stuart 14 and Kyle are both here. And what you have -- and I'll 15 just present it as it was presented to me, and we've had 16 some discussions on this before. 17 The Kerrville effluent pond is being 18 constructed northeast of the Juvenile Detention 19 Facility, and that storm drainage has always flowed to 20 Third Creek and it's still going to flow to Third Creek. 21 There are two easements that go across Kerr County 22 property that were dedicated decades ago by the previous 23 owners. And one of them is for storage drainage, and 24 that's a little further north on Third Creek. And then 25 there's one that's south closer to Spur 100 that's an 35 1 effluent easement, and in a effort to just clean things 2 up, the City would like to see if you are okay with, you 3 know, before they go to an expense of having it surveyed 4 to abandon the effluent easement, abandon the storm 5 drainage easement, and then have a new storm drainage 6 easement dedicated in a location that has been 7 engineered. And Stuart and Kyle are here if you got any 8 questions. 9 COMMISSIONER MOSER: Yeah. But from the 10 County perspective in changing these that you just 11 discussed, is there any downside to that from your 12 perspective? 13 MR. HASTINGS: No, Sir. 14 COMMISSIONER MOSER: Okay. Because I met 15 with city staff last week and looked at it, and I 16 couldn't see anything, so -- 17 MR. HASTINGS: Okay. 18 COMMISSIONER MOSER: -- basically, it's just 19 moving the drainage easement now a little bit closer to 20 Spur 100, and a little bit larger footprint. 21 MR. HASTINGS: Little bit bigger footprint 22 and closer to Spur 100, and my understanding the bigger 23 footprint will help cut down on erosion, it's at a 24 different angle. It's angled to flow the way the storm 25 water's going to flow whether you have an easement there 36 1 or not. This is what it's going to want to do. So if 2 you follow that easement to cut down on erosion. 3 COMMISSIONER BELEW: And this is based on 4 the changes that are going to be made with the reuse 5 pond? 6 MR. HASTINGS: Yes, Sir. 7 COMMISSIONER BELEW: So that's why this 8 position and this location? 9 MR. HASTINGS: Yes, Sir, that's correct. 10 They're regrading the whole area out there to have storm 11 drainage go around in the effluent pond and -- 12 COMMISSIONER BELEW: Redirecting it. 13 MR. HASTINGS: -- they would like to direct 14 it there. 15 JUDGE POLLARD: Please state your name and 16 address, Sir, and your affiliation, who you work for. 17 MR. BARRON: Stuart Barron, Public Works 18 Director for the City of Kerrville. The proposed new 19 alignment here is just like Charlie said we're just 20 cleaning up some old easements we had. The water wants 21 to run here as it is, and we're just trying to capture 22 it in an easement and just capture it. 23 COMMISSIONER BELEW: You're going to help 24 it? 25 MR. BARRON: Going to help it? Well, we're 37 1 going to confine it into this channel yes, Sir. 2 COMMISSIONER MOSER: It's an old channel to 3 the west. 4 COMMISSIONER BELEW: Yeah, I've been out 5 there and looked at it. 6 COMMISSIONER MOSER: So I move that we 7 abandon the current drainage easement and adopt the 8 concept as presented by the City in the map that the 9 County Engineer presented for a new drainage easement. 10 MR. HASTINGS: Would you also abandon the 11 effluent easement as well? 12 COMMISSIONER MOSER: And abandon the 13 effluent drainage easement, right. 14 COMMISSIONER REEVES: I've got questions. 15 Charlie, you said this -- were both easements in effect 16 prior to Kerr County obtaining ownership of this 17 property? 18 MR. HASTINGS: I believe so. 19 COMMISSIONER REEVES: And were they in 20 effect prior to, if I'm not mistaken, the land that the 21 Juvenile Detention Center is a platted subdivision 22 within the City, correct? 23 MR. HASTINGS: Yes, Sir. 24 COMMISSIONER REEVES: And these easements 25 were in existence prior to that? 38 1 MR. HASTINGS: That's correct. 2 COMMISSIONER REEVES: For the County 3 Attorney, this is an easement before the land was 4 platted, do we have the authority to abandon such 5 easements when they are recorded? 6 MRS. STEBBINS: I don't know what to answer. 7 I'll have to have a look at it. I haven't really 8 considered that question. 9 COMMISSIONER REEVES: I'm not against the 10 concept; I'm asking can we legally do that, because it's 11 an easement of a recorded record within the City? And 12 I'll turn this back over to public works department. 13 Can any owner abandon an easement that's part of a plat? 14 Seems to me that would be a big can of worms for y'all. 15 MR. BARRON: Well, if it's a platted 16 subdivision and it's shown on the plat then it would 17 have to be replatted. These were done in separate 18 instrument through a document at the courthouse, so it 19 would be -- I'm not an attorney, but it would be my 20 opinion that you are able to do that yes, Sir. 21 COMMISSIONER REEVES: Do you have a copy of 22 the plat, Charlie? 23 MR. HASTINGS: I didn't bring one with me. 24 COMMISSIONER REEVES: I would like to get 25 that clarified. Not that I'm against abandoning this, 39 1 but can we do it. 2 COMMISSIONER MOSER: Well, if we -- I guess 3 there's a couple things here. You could break it into 4 two parts. Number 1 is the abandonment, and the other 5 one is agreeing to the concept of a new drainage 6 easement, so even if we didn't -- help me here, Charlie. 7 Even if we didn't abandon the old drainage easement, we 8 could still adopt the concept for the new drainage 9 easement, and I think that's the thing that's really of 10 issue here. So if you had both of them existing, who 11 cares. Okay. We would just probably maintain one 12 better than we would the other. 13 MR. HASTINGS: That's my understanding. 14 COMMISSIONER LETZ: What's the easement -- I 15 mean I'm just looking at it, and it's hard to tell by 16 the map, I'm guessing the Juvenile Detention Facility is 17 just off the map. 18 MR. HASTINGS: Yes. 19 COMMISSIONER MOSER: It's way up to the top 20 of the page as you're looking at it. 21 COMMISSIONER LETZ: Up here somewhere. But 22 I guess what's the purpose -- I mean these easements the 23 way they're drawn on here they're just so little, I mean 24 the old ones and the new ones. I don't even understand 25 the purpose of them. Where's the water -- what's the 40 1 easement for? It's going on County property into Third 2 Creek. So where's the City water coming from? Is it 3 because it's coming down Legion Road. Why is there a 4 need for an easement? 5 MR. HASTINGS: I think the easements were 6 obtained back in the -- I think it was in the 50's, I 7 want to say 1956. I may have the wrong year. I think 8 I've presented on this before. But they were -- the 9 City back then at the time had some sort of lagoon 10 system as part of that wastewater treatment plant and 11 they were -- had a discharge of effluent, and I think 12 probably what happened was in order to get that easement 13 to go across someone else's property to get to Third 14 Creek. They got the effluent easement, they probably 15 also said what are we going to do about storm drainage 16 and they said put the storm drainage over here. There 17 is language in that easement that says this is where it 18 is, but if it gets constructed somewhere else then 19 that's where it is. 20 COMMISSIONER LETZ: I'm not opposed to it. 21 It seems to me that the water is just running downhill 22 right there. Why do you need an easement? Water's 23 going to go where it goes. 24 COMMISSIONER MOSER: I think you want to 25 make sure that there's an easement there. Just like we 41 1 did in the subdivision over there, we had a drainage 2 easement and abandon that property, but we wanted to 3 make sure that the storm drain could always get to the 4 river. And this will be the same thing. It's just it's 5 an easement making sure that that drainage is always 6 there for that purpose. 7 COMMISSIONER LETZ: To me it's not like -- 8 this would be like doing an easement through Flat Rock 9 or something. Just -- I mean the water's going down to 10 the river, so we're going to put an easement right in 11 the middle of it, well the water's going to go to both 12 sides of the easement, too. 13 COMMISSIONER BELEW: That's why I asked if 14 we were helping it. Are we directing it there or not. 15 COMMISSIONER LETZ: It doesn't seem like 16 it's needed to me. I mean the water is going to flow 17 downstream. If we need it -- if there's something with 18 the effluent pond then yeah we need it, but, 19 MR. BARRON: It's the concentrated flow is 20 why we need an easement. It's not following the normal 21 contours of a hill like you use as an example of it just 22 flowing down the hill. We're actually going to 23 channelize it if you will to come through this 24 particular spot, so it doesn't have any other impact on 25 your property. 42 1 COMMISSIONER LETZ: Oh, okay. 2 COMMISSIONER REEVES: I still would like to 3 see what the plat says before we take action on it. 4 COMMISSIONER MOSER: Well, let me separate 5 it into two variables. One is to agree with the concept 6 of the new easement, and then to bring it back to the 7 Court for abandoning the other easement consistent with 8 whether or not we have the authority to do that, so I 9 just would -- 10 JUDGE POLLARD: You're amending your motion? 11 COMMISSIONER MOSER: Yeah, I'm amending my 12 motion to approve the concept for the drainage easement 13 as delineated in the maps presented by the County 14 Engineer. 15 COMMISSIONER BELEW: Contingent on? 16 COMMISSIONER MOSER: Nothing, no contingent. 17 No contingent. And then we'll bring back -- we can 18 bring back to the other one to abandon the existing 19 drainage if in fact that can be done and is appropriate 20 to do so. 21 JUDGE POLLARD: Is there a second? 22 COMMISSIONER LETZ: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Moser as stated, I'm not going to try to repeat that, 25 and seconded by Commissioner Letz. Is there any further 43 1 comment or discussion? 2 COMMISSIONER LETZ: Question. The proposed 3 location on the plat that's just about where you think 4 it's going to be? 5 MR. BARRON: On the map, yes, Sir. We're 6 proposing to do a separate instrument so we wouldn't 7 amend the plat unless we need to amend it for these 8 other two. But we could do that in a separate 9 instrument and bring it back to you for your review. 10 JUDGE POLLARD: Those in favor? Those 11 opposed? I'm opposed. So it passes four to one. All 12 right. 13 COMMISSIONER LETZ: But I have another 14 question. On the second part of what Charlie said 15 the -- so all of the discussions we had for the last 16 months about the CLOMR is pointless, because there's no 17 need for a CLOMR. Well, there was a need for a CLOMR -- 18 there was a need for a CLOMR, but the City -- you're 19 supposed to do a CLOMR before you do the actual 20 construction so that didn't happen, so there's no need 21 for a CLOMR, therefore everything's on hold. 22 MR. BARRON: Yeah, the idea of the CLOMR was 23 to have the -- have all your engineering -- let me 24 relate it to a subdivision type scenario where you're a 25 big developer and you're thinking I want to build all 44 1 these homes in this area, but yet there's a lot of 2 floodplain in this particular tract of land that I'm on. 3 Can I remove some of that floodplain? So you do the 4 engineering study, you submit that to FEMA and you get a 5 Conditional Letter of Map Revision before you start any 6 work so you're comfortable in your mind that it's going 7 to be successful at the end of the day. FEMA will give 8 you that CLOMR and then you're able to do the work and 9 you build your subdivision, and then at the end of it 10 you come back in and you get the LOMR. The LOMR is the 11 real document, it's the one that changes the floodplain; 12 the CLOMR doesn't, it's a proposal. Typically this is 13 done by a developer before the project's done, before 14 it's even started, so that they can have an assurance 15 that FEMA will let them do what they're wanting to do. 16 The City went through the CLOMR process. We've asked 17 FEMA to look at it, they've given us the head nod but 18 they said since you have started the project we're not 19 going to give you a CLOMR, you're in the process of 20 doing the changes, we see nothing here that gives us a 21 red flag on the levy, or on the pond itself; however, 22 we're going to stand by our -- by our position that 23 these are typically done before a project starts, and so 24 continue on with your project, then send us the LOMR, 25 start the LOMR process at the end of your project and 45 1 we'll approve that if nothing else changes throughout 2 the course of the project. 3 COMMISSIONER LETZ: So the City -- I mean 4 FEMA -- in other words my question because 5 we obviously -- or we being the County Engineer and 6 worked with FEMA quite a bit on this project. FEMA sent 7 y'all a letter saying it's okay to continue 8 construction, or they -- 9 MR. BARRON: Yes. 10 COMMISSIONER LETZ: -- just said submit a 11 LOMR? 12 MR. BARRON: They've sent us a number of 13 different letters, different over the course of the last 14 year. We have communication from them saying that 15 they're not going to -- it's in an e-mail; it's not 16 really a letter, but that we're able to move forward 17 with the project, but they're not going to give us a 18 LOMR. We've asked them since we've already done the 19 LOMR qualifications and sent y'all the information can 20 you expedite the LOMR, and they gave us the head nod 21 that they would, you know. They take forever and so 22 we're not sure when they would get that back to us. 23 We're doing final grading right now out there on the 24 site, so we think we're going to be able to start the 25 LOMR process in the next month, I would say. 46 1 COMMISSIONER LETZ: And the reason I'm 2 bringing this up is because our not objecting further to 3 the project was based on County property being removed 4 from the study area, and we're going to have a shot to 5 look at this before -- I mean by County Engineer who's 6 worked with FEMA as well before we made a final 7 decision. That whole process got shelved, so now it's 8 kind of like we're in the, I guess, the final -- the 9 LOMR is now going to be implemented without us having as 10 much input it appears to me. 11 MR. BARRON: I think y'all had input into 12 the LOMR, don't you believe? The same 13 COMMISSIONER LETZ: But the Court hasn't 14 decided to do anything with the LOMR. We've talked 15 about a CLOMR; we've not talked about a LOMR on the 16 Court; therefore, we're not doing anything on that, and 17 that may be an item that we need to go into this meeting 18 or next meeting into executive session to figure out 19 that issue, because it changes everything to me. We've 20 always been talking about one thing and now all of a 21 sudden FEMA'S getting ready to approve something 22 different and we haven't -- we need to be part of that 23 process, too. 24 COMMISSIONER MOSER: Sound like you're just 25 not going to consider a CLOMR, but they will consider 47 1 the LOMR. So if they're not even going to consider a 2 CLOMR then I don't think we have any action. 3 COMMISSIONER LETZ: On the CLOMR we don't 4 because it doesn't exist. 5 COMMISSIONER MOSER: Right. That's what I 6 just said. 7 COMMISSIONER LETZ: But we do on the LOMR. 8 Now we have to change our focus to the LOMR now. 9 COMMISSIONER MOSER: Right, right. 10 COMMISSIONER BELEW: It doesn't change our 11 initial objection was how would it change the 12 floodplain. And this LOMR could still do that? 13 COMMISSIONER LETZ: Sure. And it's actually 14 more definite, because if a CLOMR been issued -- 15 COMMISSIONER BELEW: We would have known. 16 COMMISSIONER LETZ: -- we could have had 17 advance warning for the LOMR to be prepared for it. 18 MR. BUROW: Gentlemen, Kyle Burow, City 19 Engineer. As part of the process, which we have been 20 blessed by FEMA for the language. We do have to issue 21 publication in local papers so that does have to get 22 circulated. I think we have to do it twice. So there 23 is a -- basically an outside appeal process that could 24 occur. So you know we will be -- of course Charlie and 25 I will be in contact throughout this process, but that 48 1 is something that we are required to do is publish in 2 the both the Daily Times The Journal. Just as an FYI. 3 JUDGE POLLARD: All right. Are we through 4 with that subject matter? 5 COMMISSIONER LETZ: Just a question for the 6 County Attorney. So to be more specific we should 7 probably put it on our next agenda an item to discuss 8 the LOMR now in executive session. 9 JUDGE POLLARD: Okay. All right, we'll go 10 to item 1.8 consider, discuss and take appropriate 11 action for the Court to authorize the County Attorney to 12 prepare an Interlocal Agreement with Kerrville, I guess 13 City of Kerrville, for a one-time maintenance 14 improvement project on the Bear Creek Crossing in the 15 vicinity of the Kerrville corporate limits, and to 16 authorize the County Judge to sign same. Mr. Hastings. 17 MR. HASTINGS: Kerrville City limits follows 18 the southern bank of the Guadalupe River at Bear Creek 19 Crossing leaving a portion of the bridge in Kerr County 20 for maintenance by Road and Bridge personnel. A meeting 21 was held between Kerr County and Kerrville officials to 22 discuss solutions for repair of the bridge, and it was 23 determined to most cost effective solution was for both 24 entities to combine forces. 25 Attached is an exhibit delineating the area 49 1 needing repair and a way to split the work between 2 County and City personnel. In order to move forward an 3 Interlocal Agreement is needed that would allow for Road 4 and Bridge to provide the labor, equipment and materials 5 to prepare the area in need of repair both outside and 6 inside the city limits by cleaning, brooming the 7 concrete and filling in cracks with an appropriate 8 concrete caulk/filler. Kerrville street personnel would 9 then provide the labor, equipment and materials to 10 overlay the prepared area, both inside and outside the 11 city limits, with hot mix asphalt cement. This work 12 would be scheduled for the fall, 2017, preferably 13 November. 14 The County Engineer requests the Court 15 consider, discuss and take appropriate action to 16 authorize the County Attorney to prepare an Interlocal 17 Agreement with Kerrville for a one-time maintenance 18 improvement project of Bear Creek Crossing in the 19 vicinity of the Kerrville corporate limits, and to 20 authorize the County Judge to sign same. Precincts 1 21 and 4. 22 COMMISSIONER REEVES: Just to follow up, I 23 don't think you were able -- you were planning to make 24 that meeting, but you didn't get to be here. 25 COMMISSIONER BELEW: I've taken a look at 50 1 it. 2 COMMISSIONER REEVES: You've looked at it 3 and you're okay with it? 4 COMMISSIONER BELEW: Yeah. 5 COMMISSIONER REEVES: I think it's a good 6 joint effort, that way the bridge will be the same the 7 whole way, and are you in agreement still, Kelly -- 8 MS. HOFFER: Yes, Sir. 9 COMMISSIONER REEVES: -- with what we're 10 doing? 11 MS. HOFFER: Charlie, what is the 12 approximate linear footage -- 13 MR. HASTINGS: Good point. 14 MS. HOFFER: -- of the County, because I 15 kind of wanted them -- I do want it on the record as far 16 as the actual crossing structure falling within the City 17 limits of Kerrville, so nobody is mistaken on the 18 majority of the structure. 19 MR. HASTINGS: Got it. If you go to the 20 southern bank of the Guadalupe River of Bear Creek 21 Crossing and you go 85 feet southwest that would be the 22 County portion. 85 feet northeast would be the City's 23 portion. The total 170 foot that would need to be 24 prepped and swept and broomed and cracks caulked, and so 25 forth. 51 1 COMMISSIONER LETZ: Charlie, so part of the 2 bridge is City and part is in County, that's the bottom 3 line. 4 MR. HASTINGS: Yes, Sir. 5 COMMISSIONER LETZ: Wouldn't it be easier 6 just to get it all in the City. Right now I don't have 7 a problem with the agreement, but I'm just saying it's a 8 one-time agreement. It's going to be an ongoing issue 9 about maintenance of this bridge when two people own the 10 bridge. 11 MR. HASTINGS: Well, also to be clear if it 12 rains really hard tomorrow and we get a big storm all 13 this work could be peeled up and downstream. Then 14 again, if we could have a big storm, and it may stick 15 and stay on there for 10, 15, 20 years. We don't know. 16 COMMISSIONER LETZ: Right. 17 MR. HASTINGS: But I guess the question is 18 is it time for the City to -- 19 COMMISSIONER MOSER: Annex. 20 MR. HASTINGS: -- annex. 21 COMMISSIONER LETZ: The bridge. And it's 22 just a question. And maybe Kyle or Stuart may know the 23 answer to this. Does the City have the off-system 24 bridge that the County does with TxDOT? 25 MR. BARRON: Do we what? 52 1 COMMISSIONER LETZ: Off-system bridge system 2 that the counties have with TxDot so that the bridges 3 are kind of maintained or built. Basically, if this 4 bridge washes out right now, and it's a City bridge, 5 does the City pay for it, or does TxDOT help for it? 6 MR. BARRON: The City would pay for it if 7 it's a City bridge. Most of the bridges in our town 8 belong to TxDot. There's a few that we own, but most of 9 them belong to TxDOT. 10 COMMISSIONER LETZ: This is one that you 11 own? 12 MR. BARRON: Yes, Sir. 13 COMMISSIONER LETZ: There really -- I mean I 14 don't know if y'all had that same that we have, if you 15 have a different program or -- 16 COMMISSIONER MOSER: Just a question for 17 Heather. Is an Interlocal Agreement required to do 18 something like this? 19 MRS. STEBBINS: I think an Interlocal 20 Agreement is what's best for both entities. It lays out 21 what we're obligated to do. 22 COMMISSIONER REEVES: Just simply because we 23 can't do work in the City and they can't do work in the 24 County without an Interlocal Agreement. 25 COMMISSIONER MOSER: I agree with Jonathan. 53 1 See if we can't give it to somebody. 2 COMMISSIONER REEVES: Let's pass this and 3 then work on that. 4 COMMISSIONER LETZ: Get it done, and it 5 needs to be fixed, it's in bad shape. But it would sure 6 be nice to come up with a permanent solution. 7 COMMISSIONER REEVES: Make a motion to 8 authorize the County Attorney to prepare an Interlocal 9 Agreement with City of Kerrville for one-time 10 maintenance improvement project at the Bear Creek 11 Crossing in the vicinity of Kerrville corporate limits, 12 authorize the County Judge to sign. 13 COMMISSIONER BELEW: Second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Reeves, seconded bay Commissioner Belew to authorize the 16 County Attorney to prepare a proposed Interlocal 17 Agreement with the City of Kerrville for a one-time 18 maintenance improvement project on the Bear Creek 19 Crossing bridge, which is situated in the vicinity of 20 the Kerrville -- the City of Kerrville corporate limits, 21 and authorize the County Judge to sign same. Is there 22 any further comment or discussion? There being none, 23 those in favor of the motion signify by raising your 24 right hands. It's four zero, unanimous. One 25 abstention, myself. 54 1 All right, we go to the next one is 1.12. 2 Maybe we'll have about a ten-minute break at this time. 3 (Break.) 4 JUDGE POLLARD: It's about ten minutes after 5 ten now, a.m. on this date, the 23rd of October, and the 6 Court is back in session. The next item on the agenda 7 is 1.12 consider, discuss and take appropriate action on 8 closure of the Juvenile Detention Facility. This 9 includes, but is not limited to, action on the 10 termination of certain contracts for the juvenile 11 detention facility. Mr. Davis again. 12 MR. DAVIS: Your Honor, we have a number of 13 contracts that I would like permission to act on behalf 14 of this Court to terminate. They either have a no 15 notice clause, or a 30-day clause and I would like to 16 begin those. We've got -- there are a few of them that 17 have come up, UniFirst is one, Texas Fleet Fuel, 18 DIRECTV, and Stericycle are about the four that come to 19 mind, and I would like to terminate those contracts. 20 COMMISSIONER MOSER: Question. Could Ricoh 21 just have been included in this agenda item? 22 MR. DAVIS: It could not, because it has a 23 different termination clause and that's why I didn't 24 want to, because these are all no-no's for 30 days, and 25 we have their termination clause, and I think these are 55 1 sound that I can act on behalf of this Court. 2 On the other issue, I really need the County 3 Attorney to probably handle that issue. 4 COMMISSIONER MOSER: Okay. Thanks, Jason. 5 MR. DAVIS: Yes, Sir. 6 COMMISSIONER BELEW: I move that we 7 terminate the contracts for the Juvenile Detention 8 Center as noted by Jason Davis. 9 COMMISSIONER LETZ: Second, with a question. 10 JUDGE POLLARD: Been moved by Commissioner 11 Belew, seconded by Commissioner Letz to terminate the 12 contracts that were just mentioned in the record by 13 Mr. Davis pursuant to the termination clauses in those 14 contracts with the Juvenile Detention Facility, and 15 other entities as indicated. Any further discussion or 16 comment? 17 COMMISSIONER LETZ: I think we might have 18 covered it. I just want to make sure that we have the 19 specific contracts mentioned. 20 COMMISSIONER MOSER: Just those, Jason? 21 COMMISSIONER BELEW: I didn't remember all 22 of them that he said. UniFirst -- 23 MR. DAVIS: Those are the four that I have 24 that I'm aware of at the moment. UniFirst, Texas Fleet 25 Fuel, DIRECTV, and Stericycle. 56 1 COMMISSIONER MOSER: Are there others? 2 JUDGE POLLARD: Let's include in the motion 3 any other's, let's clean it up if there are any others 4 that have to do with services to the juvenile detention 5 center need to be terminated. If that's agreeable. 6 COMMISSIONER BELEW: That is agreeable with 7 me. 8 COMMISSIONER MOSER: I think that's good. 9 JUDGE POLLARD: Is that agreeable with the 10 movant and the second? 11 COMMISSIONER LETZ: Yes. 12 JUDGE POLLARD: All right, those in favor of 13 the motion signify by raising their right hands. It's 14 four zero, unanimous. 15 Item 1.13 consider, discuss and take 16 appropriate action on closure of the Juvenile Detention 17 Facility. This includes, but is not limited to, 18 authorizing continued access and use of the building by 19 the Kerr County Juvenile Probation Department. 20 Mr. Davis again. 21 MR. DAVIS: Yes, Sir. We would like to 22 until such time as the Sheriff vacates the old JDC, I 23 would like to ask permission to use the newer building. 24 Specifically, the front of the building, the office 25 space for our transportation officers staff, because 57 1 there are offices there, and telephones where we do not 2 have the space in the old JDC until such time as the 3 Sheriff leaves. Once he leaves, we would transfer those 4 staff over to the older -- back to the older building. 5 Until such time, I would like to be able to still 6 utilize the front office space of the newer JDC 7 facility. 8 COMMISSIONER REEVES: I make a motion to 9 authorize Kerr County Juvenile Probation Department to 10 continue using and have access to the Juvenile Detention 11 Facility for a period of time not less than 90 days, and 12 then we can revisit it after that. 13 JUDGE POLLARD: You mean not more than 90 14 days; you said not less than. 15 COMMISSIONER REEVES: Not more than. I 16 apologize. Not more than 90 days. 17 COMMISSIONER BELEW: I'll second that. 18 JUDGE POLLARD: All right, it's been moved 19 by Commissioner Reeves, seconded by Commissioner Belew 20 to authorize the Juvenile Probation Department to use 21 the Juvenile Detention Facility, I think the new part, 22 and I think he called it until the Sheriff vacates the 23 old part, or is it the reverse? 24 MR. DAVIS: That's correct, Your Honor. The 25 way it was stated is correct. 58 1 JUDGE POLLARD: Okay. For a period of time 2 time not to exceed 90 days. Is there any further 3 comment or discussion? If not, those in favor of the 4 motion signify by raising your right hands. It's four 5 zero, unanimous. 6 1.14 consider, discuss and take appropriate 7 action on closure of the Juvenile Detention Facility 8 facility. This includes, but is not limited to, the 9 need for ongoing services at the facility. Service may 10 include: natural gas, electricity, inspections, pest 11 control, maintenance and etc. All right. 12 MR. DAVIS: Still going to have a building 13 even though it's going to be empty. We can turn the air 14 conditioners up where we're not using as much, but we're 15 still going to have ongoing utilities, electric. 16 Specifically what I identified was inspection of boiler, 17 generator, fire and sprinkler. Natural gas bill, 18 electricity bill, water bill, waste services, pest 19 control, and ongoing management -- I mean ongoing 20 maintenance. I can tell you right now that the utility 21 budget for our calendar year, just the utility was 22 $55,000. There is no budget for that currently beyond 23 November the 30th. Obviously, we wouldn't be using 24 nearly the amount of utilities, electricity, natural 25 gas, etc., water, as we do now, but there would still be 59 1 just some ongoing cost and concerns with that. I think 2 pest control's already written another contract, at 3 least it's my understanding. There's also property and 4 liability insurance. I'm going to have to defer to the 5 Auditor on that, because I don't know -- I know there 6 was specifically a property and liability item for 75 7 hundred dollars that is not being funded. What property 8 and liability insurance we need after that, I don't 9 know. Again, I'd have to defer to the Auditor and the 10 County Attorney. But there is going to be a need for an 11 ongoing expense just for ownership of the building, even 12 though would not be in use. And I need direction on how 13 the Court would like for me to handle that, and what I 14 can do to prepare this Court for that after November the 15 30th, which is the official closing date of the 16 facility, what I can do to help y'all in that process. 17 JUDGE POLLARD: So that's going to require 18 budget amendments? 19 MRS. DOSS: We do have property and 20 liability, the total amount was budgeted for FY 17-18 as 21 was in the prior year. And utilities, we budgeted about 22 half of what was budgeted in the prior year, so we cut 23 it back to about six months. 24 COMMISSIONER LETZ: Well, it seems -- but 25 are they under a line item for that facility? 60 1 MRS. DOSS: Yes, Sir. 2 COMMISSIONER LETZ: Seems we should 3 transfer -- maybe we oughta keep them over there. I was 4 thinking maybe we should close them all and to roll them 5 into nondepartmental. Maybe we should keep them 6 separate -- 7 COMMISSIONER MOSER: Identity. 8 COMMISSIONER LETZ: -- identity. 9 COMMISSIONER MOSER: Turn the thermostats 10 up. 11 COMMISSIONER REEVES: And also we do have -- 12 JUDGE POLLARD: You can't to that. What 13 about if the pipes freeze? 14 COMMISSIONER MOSER: I said turn them up. 15 COMMISSIONER REEVES: We do have a 16 significant payroll budgeted for two months. 17 MRS. DOSS: We had two months of payroll 18 budgeted. 19 COMMISSIONER REEVES: Since we're not going 20 to use the full amount of two months? 21 MRS. DOSS: Most likely, no. 22 COMMISSIONER REEVES: Well, if we don't have 23 as many employees, I don't see how. 24 MRS. DOSS: I mean he still has employees 25 out there. 61 1 COMMISSIONER REEVES: But not the full 2 staff. 3 MRS. DOSS: Right. 4 COMMISSIONER REEVES: Okay. So there is 5 some money there to pay for utilities and -- 6 MRS. DOSS: Yes. And we did budget for 7 utilities, and we budgeted all for the whole year of 8 property insurance. 9 COMMISSIONER MOSER: So it sounds like there 10 may be some funds there if we need to make an amendment. 11 COMMISSIONER REEVES: That's what I was 12 trying to get to. And I would suggest after November 13 30th that Mr. Bollier takes a good walk-through and make 14 sure we're winterized and all of that, because of the 15 vacant building. You can have more -- you know this, 16 Tim -- 17 MR. BOLLIER: Yes. 18 COMMISSIONER REEVES: -- more maintenance 19 issues on vacant buildings sometimes than you do on 20 occupied buildings. 21 MRS. DOSS: And the maintenance, I believe, 22 was done in maintenance budget before. 23 SHERIFF HIERHOLZE: Just so you know at this 24 point probably won't be vacant until the end of 25 December, at least. 62 1 JUDGE POLLARD: All right. Is there any 2 further comment, question? 3 COMMISSIONER LETZ: We don't need any action 4 on that, that's just an update, correct? 5 MR. DAVIS: I don't know if do you or not. 6 I wanted to bring it before you. I'm not requiring or 7 requesting any; I just wanted to make it available to 8 the Court. 9 JUDGE POLLARD: All right, wishes? 10 COMMISSIONER LETZ: I mean I don't think we 11 need a motion. I think we need to look at the routing 12 of or approval of the -- I mean obviously we're not 13 going to have anybody out there, so the Auditor will 14 look at paying the utilities like she does other bills. 15 MRS. DOSS: Right, right. 16 COMMISSIONER BELEW: Now do we need to re 17 examine what kind of insurance you have on an empty 18 building? That should save some money, the insurance 19 policy -- 20 COMMISSIONER LETZ: HR can talk to TAC about 21 that. 22 JUDGE POLLARD: From a liability standpoint, 23 yes. But if it's an unoccupied building, if it is, then 24 that's going to cost more. 25 COMMISSIONER BELEW: Well, if you have 63 1 attractive nuisance and that sort of thing, but I 2 wouldn't think that would apply, would it? 3 COMMISSIONER REEVES: I think Mrs. Lantz 4 would look and find out from TAC just what we're staring 5 at. 6 MRS. LANTZ: (Shaking head affirmatively.) 7 JUDGE POLLARD: All right, you don't want 8 any action then on that item? 9 COMMISSIONER MOSER: No. 10 JUDGE POLLARD: All right, going to 1.14 -- 11 COMMISSIONER MOSER: 5. 12 JUDGE POLLARD: 1.15, sorry. Consider, 13 discuss and take appropriate action on closure of the 14 Juvenile Detention Facility. This includes, but is not 15 limited to: designation and authorization of the Kerr 16 County Juvenile Probation Department to act on behalf of 17 Kerr County in manners concerning the facility with such 18 actions being limited. Actions would require 19 consultation with the appropriate county department such 20 as the County Attorney, County Auditor, Maintenance 21 Department, IT, and others, and/or the Kerr County 22 Commissioners' Court. Mr. Davis. 23 MR. DAVIS: Sorry for the lengthy agenda 24 item, but as Commissioner Letz just stated routing, I am 25 absolutely willing to continue. Again, as I stated 64 1 previously to the Court, as long as possible, to aid and 2 assist the Court in operations with the facility, but as 3 I will know longer be a County employee as of November 4 30th, I would ask your permission to do that, 5 understanding that I'm not in any shape form or fashion 6 attempting to act unilaterally on any County business, 7 but other than I would be the individual that would be 8 routing to the appropriate department. Obviously, legal 9 issues the County Attorney, financial issues to the 10 Auditor, maintenance issues to the Maintenance Director, 11 etc. We're going to have bills coming in and going out, 12 we're going to have issues at the facility. We're right 13 there next door to the facility. Mail will be coming in 14 for months, if not after that, phone calls, those types 15 of things. I would like to be able to act on behalf of 16 the County to route that to the appropriate individual, 17 whatever the issue may come up, and I would be asking 18 that of this Court's authority to do that. 19 COMMISSIONER BELEW: Is there any legal 20 issue to that? 21 MRS. STEBBINS: Not that I can see, no, Sir. 22 COMMISSIONER BELEW: Do we have to authorize 23 Jason if he's not a County employee? Does he need a 24 letter of authorization? 25 MRS. STEBBINS: I think you can authorize it 65 1 by court order. 2 COMMISSIONER LETZ: I make a motion that we 3 approve the agenda item, I think it's sufficient. 4 JUDGE POLLARD: Second? 5 COMMISSIONER REEVES: I'll second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Letz, seconded by Commissioner Reeves to approve item 8 1.15 on the agenda item as stated and as discussed. Any 9 further comment or discussion? If not, those in favor 10 of the motion signify by raising their right hands. 11 It's four zero, unanimous. 12 1.16 consider, discuss and take appropriate 13 action on closure of the Juvenile Detention Facility. 14 This includes, but is not limited to: transfer of 15 items, supplies, and equipment from JDC to other county 16 offices. 17 MR. DAVIS: Last one, Judge, Commissioners. 18 I've had requests for -- and questions specifically, I 19 say questions more than requests, of what is going to 20 happen with the real property items of the facility once 21 the facility is closed. That is a Commissioners' Court 22 decision. The request for office furniture, picnic 23 tables, those types of things, that are actually -- I 24 said picnic tables, that's not correct. Actually it 25 would be folding tables, office furniture. I know there 66 1 are other county offices that are interested in that. I 2 said this is something that I can't even address nor 3 speak to, I would actually come to Commissioners' Court 4 and ask them what direction they have. There are some 5 items that I would recommend, specifically jail items, 6 such as cleaning supplies and bathing supplies. I've 7 already had the Assistant Jail Administrator come over 8 and look at those items and say that they could possibly 9 use those, toiletries, toilet paper, those types of 10 items. I would ask that if this Court would consider 11 transfer of those items from Juvenile Detention Facility 12 to Kerr County Sheriff's Department, specifically the 13 jail, for use in the jail, and because I believe that 14 they can utilize those items. There's also a GMC Safari 15 van that is not going to be utilized. It was not 16 transferred to Juvenile Probation. That's also in the 17 mix of something that is available to the County as to 18 what y'all would want to do with that. Again, other 19 than possibly the jail items, I'm not asking for any 20 specific action today, unless you want to. More so kind 21 of a direction as to what you would like me do with 22 these items and respond to these requests as they come 23 up. 24 COMMISSIONER MOSER: Jason, could you 25 prepare a list of inventory of all those types of 67 1 things, and with a recommendation talking with other 2 departments of where they go, and then bring that back 3 to the Court. 4 MR. DAVIS: I've got a short list here, and 5 I can go ahead and tender to you, and I can come back 6 with another one later. 7 COMMISSIONER MOSER: I am hoping just do it 8 all in one fail swoop, okay, rather than piecemeal, 9 piecemeal, piecemeal. 10 MR. DAVIS: Yes, Sir. 11 COMMISSIONER MOSER: And if somebody wants a 12 folding table, and you agree, and they agree, then -- 13 MR. HASTINGS: How do they find out? 14 COMMISSIONER MOSER: Well, Jason can talk 15 to -- I think by virtue of being here right now, and 16 Jason can make an inventory of the things that he has, 17 send it to the other departments, say here's equipment 18 that's available, and then say here's the equipment, 19 here's who wants it, and here's the recommendation, and 20 just come back and that takes care of it all at one 21 time. 22 COMMISSIONER LETZ: I think it all needs to 23 go through a clearinghouse, because the Auditor needs to 24 keep track. 25 MRS. DOSS: I need to know where it's going. 68 1 COMMISSIONER LETZ: And otherwise we'll have 2 a free-for-all. I think it oughta go through 3 maintenance. 4 COMMISSIONER BELEW: Yes, I agree. 5 COMMISSIONER LETZ: Get a list and give it 6 to maintenance and then -- 7 COMMISSIONER MOSER: Whoever gets the list, 8 great. I'm just saying bring a list forward. 9 MRS. DOSS: I just need a copy of what it is 10 and where it's going. 11 COMMISSIONER BELEW: Do these have tags or 12 anything on them, Jason? 13 MR. DAVIS: Some do, some don't. I mean 14 it's going to -- 15 JUDGE POLLARD: No action on this until we 16 get the list? 17 COMMISSIONER LETZ: Sheriff, on the cleaning 18 supplies, I mean, would it be beneficial to go ahead and 19 authorize those going to your department right now? 20 SHERIFF HIERHOLZER: Well, right now we 21 probably just use them over there at the juvenile 22 facility, you know, continue with what we are. 23 JUDGE POLLARD: You been using them anyway. 24 SHERIFF HIERHOLZER: But that facility still 25 going to have some of the supplies, yes, but some of 69 1 them still probably need to stay with that facility. 2 COMMISSIONER MOSER: So the question is 3 who's going to be the generator of the list? Is that 4 going to be Tim coordinating with the County Auditor? 5 Who's it going to be? 6 COMMISSIONER LETZ: Well, I think Jason 7 needs to be involved with it. 8 COMMISSIONER MOSER: I said who's going to 9 be the lead on the thing? 10 MRS. DOSS: I would think Jason. 11 COMMISSIONER MOSER: I think it oughta be 12 Jason. 13 MR. DAVIS: I pick Brenda. Watch out, tag 14 you're it. 15 COMMISSIONER MOSER: Jason oughta make the 16 list in coordination with Tim and Brenda. 17 COMMISSIONER BELEW: You still have 18 employees there that can inventory. 19 MR. DAVIS: We do, and we will get on that. 20 Just I would ask the Court consideration that it 21 probably takes some time to get that inventory. 22 JUDGE POLLARD: We need a motion on this? 23 COMMISSIONER MOSER: No, no. 24 SHERIFF HIERHOLZER: You want to go ahead 25 and authorize us to be able to use the ones that we 70 1 could on cleaning supplies at this time, or just wait on 2 all of it? 3 COMMISSIONER LETZ: I think to me if 4 you're -- if you're authorized to use the building 5 therefore you should be able to use the -- 6 SHERIFF HIERHOLZER: The next building, but 7 it's also part of that one. So it's all the same. 8 COMMISSIONER MOSER: Okay, thank you, Jason. 9 MR. DAVIS: Thank you all. 10 JUDGE POLLARD: Going to item 1.17 consider, 11 discuss and take appropriate action to approve the 12 renewal of the TAC County Choice Silver retiree 13 medical/RX supplement for 2018 and have the County Judge 14 sign same. Dawn. 15 MRS. LANTZ: Good morning, Judge. Good 16 morning, Commissioners. This is something that we do 17 yearly. Our retirees over 65 that choose our retirement 18 benefits under the medical and prescription are under 19 our County Choice, which is administered through TAC for 20 United Health Care. You should have received a backup 21 with this year they're giving us several options to 22 choose from. Usually it's only been one option; 23 however, they have designated three different plans -- 24 or actually four different plans we can choose from for 25 the retirees over 65. There has been a price increase 71 1 under the current plan that we offer the employees. Our 2 medical went up $22.77, for the prescription went up 3 $42.88. I did get with the Auditor and we kind of -- I 4 kind of gave her a breakdown of where I felt like what 5 is comparable to what we offer currently to our 6 retirees, and that would be sticking or changing to Plan 7 F-1, and changing our prescription to option 1A. 8 Currently we provide around $217.00 dollars worth of 9 employee-employer coverage that we cover, and then the 10 employee pays and the retiree pays the rest. 11 COMMISSIONER REEVES: Which plan did you say 12 we're currently on, Mrs. Lantz? 13 MRS. LANTZ: We're on Plan F. And currently 14 that plan we're paying 24471, it went up 26848, and our 15 prescription went from 22285 to 26573. 16 COMMISSIONER LETZ: And what's the increase 17 on the proposed -- on the plans you propose, what's the 18 increase? 19 MRS. LANTZ: 25 cents. Currently we pay 20 21756, we'll be paying 21781. 21 COMMISSIONER MOSER: So really it's continue 22 with what we have, it's just the increase. 23 MRS. LANTZ: Correct. 24 COMMISSIONER MOSER: Move for approval. 25 COMMISSIONER LETZ: And state again the F-1. 72 1 MRS. LANTZ: Plan F-1, which is going to be 2 24971 a month, and then our prescription option 1A which 3 will be 25087 a month. 4 COMMISSIONER LETZ: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Moser, and seconded by Commissioner Letz to approve item 7 1.17, and that is to renew the TAC County Choice Silver 8 retiree medical pharmacy supplement for 2018 and have 9 the County Judge sign same. Any further comment or 10 discussion? 11 MRS. LANTZ: And this will be effective 12 January of 2018 when it goes into effect, it goes -- 13 JUDGE POLLARD: Calendar year. 14 MRS. LANTZ: -- calendar year. It has to go 15 in concurrent with Medicare. 16 COMMISSIONER LETZ: Just to make sure the 17 Court Order reads medical choice is F-1, and 18 prescription is 1A, just to make sure that it's clear. 19 JUDGE POLLARD: All right. Any further 20 comment or discussion? If not, those in favor of the 21 motion signify by raising your right hands. It's four 22 zero, unanimous. 23 1.18 consider, discuss and take appropriate 24 action to replace the projector at the Union Church 25 building. Mr. Bollier. 73 1 MR. BOLLIER: Yes, Sir. I was asked to 2 bring this back with a more permanent price, and the 3 price I have, I believe, 579 for the projector. 4 COMMISSIONER LETZ: $579.00? 5 MR. BOLLIER: Yes. 6 COMMISSIONER LETZ: Do you have this in your 7 budget line items? 8 MR. BOLLIER: Yes, Sir. 9 COMMISSIONER BELEW: Tim is saving the Court 10 about 19 hundred dollars -- 11 COMMISSIONER LETZ: Right, right. 12 COMMISSIONER BELEW: -- based on the 13 estimate they got. 14 COMMISSIONER MOSER: Is that projector, was 15 that new when we refurbished Union Church out there? 16 It's probably not used very much, is it? 17 COMMISSIONER REEVES: It was donated. 18 MR. BOLLIER: It was donated. And I believe 19 Julius Neunhoffer put that in. I believe. 20 COMMISSIONER MOSER: And the screen and all 21 that kind of stuff. 22 COMMISSIONER LETZ: I'm not sure we need any 23 action on this, I think you can do it, but I'll make a 24 motion to go ahead and authorize expenditure of $579.00 25 for the new projector. 74 1 COMMISSIONER BELEW: I'll second. 2 JUDGE POLLARD: At the Union Church 3 Building. 4 COMMISSIONER MOSER: That's a good point. 5 Do we need Commissioners' Court action on something like 6 this? 7 COMMISSIONER LETZ: Probably not. But the 8 way it was brought to us, I mean we asked to bring it 9 back. 10 COMMISSIONER MOSER: I don't object, just a 11 general question. 12 COMMISSIONER BELEW: He just brought it back 13 so he could brag on him and save us some money. That 14 was a good job, Tim. 15 MR. BOLLIER: Thank you. 16 JUDGE POLLARD: Is there going to be a 17 motion or not? 18 COMMISSIONER LETZ: I'll do it. 19 COMMISSIONER MOSER: Second. 20 JUDGE POLLARD: Commissioner Letz motioned, 21 and who seconded? 22 COMMISSIONER MOSER: I did. 23 JUDGE POLLARD: Commissioner Moser seconded 24 with regard to item 1.18 of the agenda, that is to 25 replace the projector at the Union Church building for 75 1 the 500 and 70 whatever. 2 COMMISSIONER LETZ: 574. 3 JUDGE POLLARD: Whatever it is, dictated 4 into the record. Is there any further discussion? 5 Those in favor signify by raising their right hands. 6 Four zero, unanimous. 7 1.19 consider, discuss and take appropriate 8 action increase Judge Pollard's bond of office from ten 9 thousand dollars to a hundred thousand dollars pursuant 10 to Senate Bill 40. 11 As you can see in your agenda package we got 12 a notice that the Senate Bill passed that any Judge that 13 hears probate, or guardianships matters, has to increase 14 his ten thousand dollar bond to a hundred thousand 15 dollars. That's for counties that have population of 16 125,000 or less. 17 COMMISSIONER LETZ: Move for approval. 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: All right. Moved for 20 approval of item 1.19 to increase the bond from 10,000 21 to $100,000.00 for the County Judge's office. It was 22 moved by Commissioner Letz, second by Commissioner 23 Reeves. Any further comment or discussion? There being 24 none, those in favor signify by raising your right hand. 25 It's four zero, one abstention, myself. I need to 76 1 formally abstain on that. 2 COMMISSIONER MOSER: Is this an unfunded 3 mandate? 4 JUDGE POLLARD: Yes. 5 COMMISSIONER MOSER: Just wanted it on the 6 record. 7 JUDGE POLLARD: But it's a welcome one for 8 me, it covers -- 9 COMMISSIONER BELEW: So they're not all bad, 10 Judge? 11 JUDGE POLLARD: Not all bad. If you hear 12 guardianship and probate matters, you're not immune -- 13 judicially immune, your personal assets are at risk, and 14 for that reason I like to see as much protection as I 15 can get. And I thank y'all very much for that. 16 All right, 1.20 consider, discuss and take 17 appropriate action to approve Application to be used 18 when requesting a mass gathering permit in Kerr County. 19 Commissioner Reeves. 20 COMMISSIONER REEVES: Yes, Sir. I asked to 21 put this on the agenda simply as in the past only two 22 places that have required a mass gathering was for the 23 stock show and the folk festival off Medina Highway, but 24 as events grow at the Event Center, it's going to be 25 required more and more. I believe Jody has had some 77 1 calls if we had an application in the past, it was just 2 kindly tell them to write a letter. Jody and I worked 3 together on the application that's in the backup 4 material, and it follows item by item what the statute 5 says. It's put together this way when Jody gets a call 6 for it she can just e-mail it to them. It covers all of 7 the requirements that's set out in that. So I move to 8 approve the application that Kerr County can begin using 9 for mass gathering permits. 10 COMMISSIONER BELEW: Is there any reason why 11 the County Attorney should look it over? 12 COMMISSIONER REEVES: She has. 13 MRS. STEBBINS: I have. 14 COMMISSIONER MOSER: Good job. 15 COMMISSIONER BELEW: I should have known 16 that. 17 COMMISSIONER MOSER: I second that. 18 JUDGE POLLARD: Okay. Moved by Commissioner 19 Reeves, seconded by Commissioner Moser in regard to item 20 1.20 on the agenda, and that is to take appropriate 21 action to approve the application to be used when 22 requesting a mass gathering permit in Kerr County. And 23 that's not just at the Event Center, it's -- 24 COMMISSIONER REEVES: No. It's in Kerr 25 County. 78 1 JUDGE POLLARD: -- the fairgrounds or any 2 County property. 3 COMMISSIONER REEVES: Any place outside of 4 corporate limits. 5 COMMISSIONER LETZ: What's the number -- 6 JUDGE POLLARD: Well, I don't know. 7 Courthouse is in corporate limits, so -- so maybe on 8 County property. 9 COMMISSIONER REEVES: No, Sir, Judge. What 10 I'm trying to say is a mass gathering permit is only 11 required outside of the corporate limits. In other 12 words if it's in the City of Kerrville or the City of 13 Ingram we do not require, because that's up to the City. 14 JUDGE POLLARD: Isn't the courthouse in the 15 City limits? 16 COMMISSIONER REEVES: I'm not disputing 17 that, Judge. I'm just saying we don't have to have a 18 mass gathering permit inside the City limits at the 19 courthouse. 20 JUDGE POLLARD: Okay, I understand your 21 motion. Any further comments? 22 COMMISSIONER REEVES: To answer your 23 question, what are the numbers? 24 COMMISSIONER LETZ: Yeah. 25 COMMISSIONER REEVES: It depends. 25 79 1 hundred is the basic cutoff. That number can decrease 2 if there are juveniles under 18 and they're going to be 3 unaccompanied and alcohol is being served, or if it goes 4 past 11 o'clock and there's minors there it's 500, I 5 believe. So to answer your question it depends. 6 COMMISSIONER MOSER: And Jody's got all 7 that. 8 MRS. GRINSTEAD: It's in the package. 9 COMMISSIONER LETZ: Good. Probably needed 10 this. 11 COMMISSIONER MOSER: Good, good. Thank you, 12 Bob, and Jody. 13 COMMISSIONER REEVES: Jody came up with it, 14 because she's the one that gets the calls. 15 JUDGE POLLARD: All right, there's an 16 outstanding motion. Those in favor signify by raising 17 their right hands. It's four zero, unanimous. 18 All right, item 1.21 consider, discuss and 19 take appropriate action to approve amendment to the 20 management agreement with Global Spectrum L.P. doing 21 business as Spectra Venue Management for the Hill 22 Country Youth Event Center. Commissioners Letz and 23 Reeves. 24 COMMISSIONER LETZ: I don't know, several 25 months ago Commissioner Reeves and I met with Pam 80 1 Plageman. 2 COMMISSIONER REEVES: Is that how you say 3 her name? 4 COMMISSIONER LETZ: Whatever, close enough. 5 And out of that meeting this amendment came to be 6 drafted by Spectrum, and there's three basic provisions 7 to it. One, we're extending -- the county's agreeing to 8 extend the contract with Spectrum a year early, so we 9 would go extend it -- go ahead and exercise a two-year 10 extension now, that will extend the contract to 11 September 30th, 2020. And if we're doing that Spectrum 12 is going to obligate ten thousand dollars that they're 13 going to spend on the website for that facility to get a 14 much better website, and they are also reducing the 15 annual maintenance contract by 5000 per year for the 16 three years, including this year. 17 COMMISSIONER BELEW: We're going to spend 18 ten grand on the website? 19 COMMISSIONER LETZ: They're spending it; 20 we're not. 21 COMMISSIONER REEVES: They're spending it. 22 COMMISSIONER LETZ: They want to get a -- I 23 mean marketing was -- the biggest issue we have is 24 marketing out there, and this is the best way to do it. 25 We modified the agreement slightly with the help of the 81 1 County Attorney. They -- Spectrum have by e-mail agreed 2 to it, and we're going to have County Judge sign it if 3 it's approved today and then send it to Spectrum for 4 their execution. 5 COMMISSIONER REEVES: And what it was the 6 initial contract for Harley since he wasn't on the 7 Court, I'm sure everybody else remembers, was a 8 three-year contract with an option to renew for two more 9 years. In exchange for 5000 less a year what we'll have 10 to pay they'd like to do the option with the additional 11 two years now, so still be five years in it, they just 12 would like us to commit to the additional two years now. 13 They'll spend on the website and reduce our management 14 fee by the 5000 a year. 15 COMMISSIONER MOSER: Does Spectrum have 16 websites for each one of their facilities throughout the 17 nation, or do they have a comprehensive integrated 18 website someplace? 19 MR. WILLIAMSON: What we have is 20 everywhere -- it depends. But we do have a backbone of 21 venues that are currently on the same structure. So 22 it's beneficial for us to go with that route, it's 23 already built. 24 COMMISSIONER MOSER: So that's what you're 25 proposing to do. 82 1 MR. WILLIAMSON: That's what we're 2 proposing, and with the additional funds marketing 3 material. 4 COMMISSIONER BELEW: So that means they go 5 to the Spectrum website and look up Kerrville, is that 6 what you're talking about? 7 MR. WILLIAMSON: Right, correct. The Event 8 Center will have its own website. 9 COMMISSIONER BELEW: How are local folks 10 going to know to go to Spectrum, because they call the 11 place the AG barn? 12 MR. WILLIAMSON: Correct. So we'll come up 13 with the correct destination for World Wide Web. 14 COMMISSIONER BELEW: Like a redirect? 15 MR. WILLIAMSON: It'll be a stand alone 16 website, and we'll have either Google words, all things 17 that would bring up the Event Center, so we'll probably 18 put in AG barn and things like that, so when people 19 search for it it would come up. 20 COMMISSIONER MOSER: Okay, good. 21 COMMISSIONER LETZ: So it won't be -- it'll 22 be a website that's the Hill Country Youth Event Center. 23 MR. WILLIAMSON: Correct. 24 COMMISSIONER LETZ: But it'll be a Spectrum 25 website and be hosted by Spectrum. 83 1 COMMISSIONER BELEW: Well, what are you 2 saying if somebody just goes in there and types up wild 3 game dinner AG barn, Kerrville, it'll go to what he's 4 talking about. 5 COMMISSIONER LETZ: Right. 6 COMMISSIONER BELEW: And that does cost 7 money to put that stuff up there. 8 COMMISSIONER LETZ: All right. I move for 9 approval of the agenda item, and -- 10 COMMISSIONER REEVES: Second. 11 COMMISSIONER LETZ: -- allow the County 12 Judge to sign same. 13 JUDGE POLLARD: Second? 14 COMMISSIONER REEVES: I'll second. 15 JUDGE POLLARD: Been moved by Commissioner 16 Letz, seconded by Commissioner Reeves to approve item 17 1.21 to approve the management agreement with Global 18 Spectrum L.P. doing business as Spectra Venue Management 19 for the management of the Hill Country Youth Event 20 Center. If there's no further discussion or comment 21 those in favor of the motion signify by raising their 22 right hands. It four zero, unanimous. 23 1.22 consider, discuss and take appropriate 24 action to set bonds for Emergency Services District #1 25 Treasurer, and Emergency Services District #2 84 1 Treasurer. Commissioner Reeves. 2 COMMISSIONER REEVES: Yes, Sir. This was 3 brought to my attention by the treasurer of ESD #1, they 4 were going over their budget this year, they noticed 5 that they were required to have a bond. We had never -- 6 they had never had that bond before, so we along with 7 the treasurer from ESD 1, and the President of ESD #2, 8 we got to looking into it, and with the help of the 9 County Attorney it is in fact that they must carry some 10 type of bond, and the Court is supposed to set that 11 bond. I believe actually the Judge is supposed to set 12 it. They are both minimal amount of money that goes 13 through both ESD's in comparison to most taxing 14 districts. They are probably two of our smallest ones. 15 In addition, they have both told me they carry insurance 16 against theft and everything like that. But it's my 17 understanding, and Miss Stebbins can correct me, but 18 they are required to have some type of bond. 19 MRS. STEBBINS: That's correct. 20 COMMISSIONER REEVES: And I mean our bond as 21 Commissioners is $3,000.00, I feel that would be 22 sufficient for these two also, just to keep the cost 23 down. 24 COMMISSIONER LETZ: Is that a motion? 25 COMMISSIONER REEVES: That's a motion. 85 1 COMMISSIONER BELEW: I'll second. 2 COMMISSIONER LETZ: Second. 3 JUDGE POLLARD: Been moved by Commissioner 4 Reeves, seconded by Commissioner Belew to set the bond 5 for Emergency Services Districts pursuant to item -- 6 what is this? 7 COMMISSIONER MOSER: 1.22. 8 JUDGE POLLARD: 1.22 of the agenda, 9 Emergency Services District #2. And the Commissioners' 10 Court is taking over that administrative duty of the 11 County Judge, and I appreciate that, okay. Take a lot 12 more of them if you wish. I want to stay on the 13 judicial side. 14 All right, any further comment? If not, 15 those in favor signify by raising your right hands. 16 It's four zero, unanimous. 17 COMMISSIONER BELEW: Well, actually I have a 18 question. Where does this come out of the budget? 19 Where is it at? 20 COMMISSIONER REEVES: They're going to have 21 to pay for it. 22 COMMISSIONER BELEW: They pay for it. 23 COMMISSIONER REEVES: They pay for the bond, 24 because we don't have anything budgeted, that's why I'd 25 like to keep it low so it'll be low for them. 86 1 JUDGE POLLARD: Item 1.23 consider, discuss 2 and take appropriate action regarding modifications for 3 the contracts with the volunteer fire departments. 4 Commissioner Reeves. 5 COMMISSIONER REEVES: Yes, Sir. This was 6 brought up back during in Hurricane Harvey, I was asked 7 if our local departments went to provide assistants, did 8 the workers comp that we cover the fire fighters with, 9 would they be covered on that, and the question was 10 basically maybe -- or the answer was basically maybe. 11 What it boils down to is that they're covered on fires, 12 and Dawn help me with this part of it. Currently with 13 their contract the volunteers are covered within the 14 service areas that we designate in our contract, which 15 currently only says Kerr County. But what we run into, 16 probably all four of us, is that on occasion a fire can 17 take you outside the County; therefore, our contract 18 wasn't covering them. So it was on paragraph two, first 19 page of that that they would provide primary fire 20 response to Kerr County as well as mutual aid to 21 counties that adjoin Kerr County just so they'd be 22 covered with the workers comp. The extra part if they 23 were asked to provide mutual aid to a County that does 24 not adjoin Kerr County then the Commissioner of the 25 Precinct where the fire station is located can make that 87 1 call. 2 COMMISSIONER MOSER: Make the call as far as 3 workers comp? 4 COMMISSIONER REEVES: Yeah, if they call and 5 say -- not workers. Just if they need -- say for me 6 they need to go to Mason to help a major fire, the chief 7 can call me and ask is it permissible to go to Mason. 8 In my case I'd say certainly because I've seen Mason 9 down there helping us. 10 COMMISSIONER BELEW: But that doesn't change 11 the coverage. 12 COMMISSIONER REEVES: Mason doesn't adjoin 13 us. 14 COMMISSIONER BELEW: That's what I'm saying. 15 You're talking about being insured, right? 16 COMMISSIONER REEVES: For workers comp. If 17 we give permission -- 18 COMMISSIONER BELEW: So if we give them 19 permission that's okay? 20 MRS. LANTZ: That's correct. As long as 21 it's under the authority of the County. 22 COMMISSIONER BELEW: Verbal, okay. 23 COMMISSIONER MOSER: And it doesn't have to 24 be adjacent, is what you're saying? 25 COMMISSIONER REEVES: Adjacent is covered 88 1 automatically so they don't have to call us every time 2 there's a fire in Bandera County, and Elm Pass runs out 3 there, they can go help with that. 4 COMMISSIONER MOSER: And this goes beyond. 5 COMMISSIONER REEVES: If it's not an 6 adjoining county. 7 COMMISSIONER MOSER: What if the County 8 Commissioner of that precinct is not available, then if 9 the Fire Chief needs to get that approval, what would be 10 the hierarchy? 11 COMMISSIONER LETZ: Couldn't you say the 12 Commissioner, or in his absence the Judge? 13 COMMISSIONER REEVES: Could we add that 14 word? 15 MRS. STEBBINS: Yes. 16 COMMISSIONER MOSER: Good enough. 17 COMMISSIONER REEVES: And that's the only 18 change I would make, and I just added it. I felt we 19 needed to cover our fire fighters. 20 COMMISSIONER LETZ: Good. 21 COMMISSIONER MOSER: Yeah, that's good. 22 Several fire chiefs have brought that up, so that's a 23 good move. 24 JUDGE POLLARD: All right. A motion? 25 COMMISSIONER REEVES: I move to approve the 89 1 contract or the form of the contract for the volunteer 2 fire departments which we currently fund, with the 3 addition of the wording that to read County Commissioner 4 or in his absence the County Judge of the precinct where 5 the fire departments are located in. And Miss Stebbins 6 can make that, and I'm sure Miss Grinstead can get it 7 out to our departments. 8 MRS. STEBBINS: Yes, Sir, will do. 9 COMMISSIONER MOSER: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Reeves, seconded by Commissioner Moser with regard to 12 agenda item 1.23 regarding certain modifications for 13 contracts with the voluntary fire departments and 14 essentially as discussed, but it's essentially to cover 15 also nonadjacent or contiguous counties also, being left 16 up to the discretion of the Commissioner in each 17 precinct to authorize that, and that they would still be 18 covered by workman's compensation, that still being 19 within the course and scope of their employment. 20 COMMISSIONER REEVES: That's correct. 21 JUDGE POLLARD: Okay, is there any further 22 discussion? Those in favor of the motion signify by 23 raising their right hands. That's four zero, unanimous. 24 Item 1.24 consider, discuss and take 25 appropriate action regarding Interlocal Agreement 90 1 between Kerr County and the City of Kerrville regarding 2 the provision of Animal Control Services within the City 3 of Kerrville and access to the Butt Holdsworth Library 4 for residents of Kerr County. Commissioner Moser. 5 COMMISSIONER MOSER: Well, Judge, thank you 6 for that. This is an update, in the next step forward 7 in reaching an agreement between the City of Kerrville 8 and the County regarding the increased benefit to the 9 citizens throughout the County. And those two benefits 10 are the County providing 24/7 Animal Control services to 11 the City, and for the City to provide full services to 12 all residents of the County to the library without 13 additional charges from those residents outside the 14 City. The Interlocal Agreement, when I say the next 15 step, the Interlocal Agreement's been drafted by the 16 County Attorney and the City Attorney based on a lot of 17 work over the last six months by a number of people, and 18 I just want to recognize some of them. The former head 19 of Animal Control Ray Garcia, Reagan Givens right now in 20 that capacity, Mark McDaniel, City Attorney -- I mean 21 City Manager for that, Laura Bechtel, the librarian, 22 Mike Hayes, Heather Stebbins, which I mentioned, Tim 23 Eisner, and Chief Knight. So I think this is a 24 culmination of all that, and so I believe it's in the 25 package for everybody to look at the Interlocal 91 1 Agreement as drafted. The City -- County Attorney has 2 participated with the City Attorney in drafting this, 3 and I think it's consistent with all of the agreements 4 today, so I move that we -- I'm not going to read the 5 whole thing, but I move that we approve this Interlocal 6 Agreement with the City of Kerrville for provisions of 7 Animal Control services within the City of Kerrville, 8 and services of Butt Holdsworth Memorial Library for 9 residents of Kerr County. 10 COMMISSIONER BELEW: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Moser, seconded by Commissioner Belew to approve item 13 1.24 of the agenda, and that is to approve the proposed 14 Interlocal Agreement between Kerr County and the City of 15 Kerrville regarding the provision of Animal Control 16 services to be provided within the City of Kerrville, 17 and to provide for access by the citizens of the County 18 to the Butt-Holdsworth Memorial Library. Is there any 19 further comment or discussion? 20 COMMISSIONER MOSER: I was going to say and 21 authorize the County Judge to sign the same. 22 COMMISSIONER REEVES: I've read this. In 23 theory I'm perfectly good. There's a couple of 24 questions that I have to the County Attorney. Are we 25 permitted to go into executive session on this under 92 1 contract negotiations? 2 MRS. STEBBINS: Under contract negotiations, 3 yes, Sir. 4 COMMISSIONER REEVES: Okay, I would like to 5 delay the vote until we can go into executive session. 6 There's nothing that's a deal breaker, but I would like 7 to point out some things, and I would like advice from 8 counsel on how to write them in or write them out, and I 9 think after that I'm prepared to vote if we can discuss 10 those in executive session. 11 JUDGE POLLARD: All right, we'll pass on it. 12 COMMISSIONER LETZ: Wait. I want to talk in 13 open session about it. I've got quite a few problems 14 with it. The main thing is the concept is -- well, one 15 I'm the liaison for this facility, and because of open 16 meetings requirements, I have never been able to -- I 17 have not talked to Reagan Givens about it, because 18 Commissioner Moser was involved, and if Reeves and I got 19 involved all of a sudden we'd have a violation of open 20 meetings. So one, I want to defer everything until I 21 can talk to Reagan Givens, who's the manager of the 22 Department, about the agreement. The problem with the 23 agreement is there are 19 provisions that the County has 24 to go by. Everything from we have to be able to 25 euthanize, and we have to be able to do all that. I 93 1 mean detailed minutia about how we operate the facility, 2 and there are four about the library that says the City 3 does whatever they want. To me the deal was we will 4 conduct animal services as we see fit in the City 5 limits, they'll run the library. It's about a one-page 6 agreement. I see no reason to put all of this kind of 7 minutia in here about a -- plus, we need to have a 8 review and make it clear in here, this is a one-year 9 deal to evaluate, and it kinda says that, but the 10 dollars -- we really didn't have a good feeling for the 11 final dollars this is going to cost the County, and the 12 City, you know, talking to the Mayor about it they 13 understand that. And I think it needs to be put in the 14 agreement that this is going to be re looked at after a 15 year, and if it's way out of balance and the cost, the 16 City maybe has to pay some. 17 COMMISSIONER MOSER: Well, here's -- I take 18 issue with what you said we didn't talk about that; we 19 did talk about adding -- 20 COMMISSIONER LETZ: Yeah, but -- 21 COMMISSIONER MOSER: -- adding -- let me 22 finish. Adding staff to Animal Control to increase the 23 services that were required. We did have detailed 24 discussions on that, and we identified the number of 25 people that were needed in Animal Control to provide the 94 1 24/7 services. The delineation of the service provided 2 by Animal Control is more in detail than it is for the 3 library because the library just opens their doors to 4 everybody as they have prior to 2012, okay, so I think 5 that's pretty well understood. And it was also -- and 6 we can certainly add that, that in the concept here was 7 to make this agreement effective January the first, 8 okay, and after one year look at how the expenses and 9 things went and how the services provided by both 10 entities were being incorporated, and then revisit, you 11 know, see if we need to re vector at that time based on 12 what the actual expenses and services provided are, so 13 that was the concept. I thought everybody had seen a 14 drafts of this, okay, okay? 15 COMMISSIONER LETZ: A draft. 16 COMMISSIONER MOSER: Okay. Well, it's -- 17 this is a draft, okay, essentially, okay. It's 18 scheduled to go to City Council November the 14th, I 19 believe. Tim, is that correct? Right. So that's a 20 step in that direction, so you want to delay it, is that 21 what you want to do? 22 COMMISSIONER LETZ: No, what I'm saying is 23 the County shall manage reclamation of animals by 24 owners. That doesn't need to be in this agreement. 25 We're going to operate and run that facility the way we 95 1 want, and -- 2 COMMISSIONER MOSER: Well -- 3 COMMISSIONER LETZ: No, Commissioner, listen 4 to me, I listened to you. That was the deal. The deal 5 was we were going to provide the Animal Control services 6 in the City. It didn't talk about all these details we 7 had to. And at the same time the library, you know, if 8 we want all this stuff in there, then I want in there 9 they have to operate -- I want the hours of operation, 10 which they can change according to the agreement. Wait, 11 you just said they can't; no, they can according to 12 this. So I think it needs to be consistent. There's no 13 reason to have 19 things how to euthanize animals, that 14 we're going to have an adoption thing or reclamation 15 thing, that goes to me without saying. It's a one-sided 16 agreement, and that's not what I'm going to vote for, 17 that's not what we agreed to. 18 COMMISSIONER MOSER: Well, we can -- what we 19 agreed to was that -- this just delineates all those 20 steps, and the reason those steps are in there of the 21 other services provided, there was con -- there was a 22 lot of things that the Police Department and the City 23 were providing, doing, okay? It eliminates those 24 things. So the reason this is in there saying that the 25 County is now going to be responsible for those, and 96 1 there's things that the City is going to continue to do 2 if it has to do with City ordinances, barking dogs, 3 etc., etc. So this is just a clarification of that. It 4 doesn't say the library's going to provide the heating, 5 cooling, open at certain hours or any of that kind of 6 stuff. All that could be in there if you want to make 7 it more complex, but anyway this is -- this is here for 8 review, and -- 9 JUDGE POLLARD: Wasn't there discussion also 10 about the County having two members on the library 11 board? 12 COMMISSIONER MOSER: No. It says in here 13 one member, one member. If we create -- and if it 14 expands and we address that, but right now there are 15 five members on the Board, I believe, Tim, and so we 16 would have one member of that Board, and if we ever 17 create an advisory board for animal control the City 18 would have one position on that, so that's what's in the 19 Interlocal Agreement. 20 COMMISSIONER BELEW: So it sounds like your 21 objection, Jonathan, is that the City is telling us how 22 to run the facility -- 23 COMMISSIONER LETZ: Uh-huh. 24 COMMISSIONER BELEW: -- based on their 25 concern for liability or involvement, or somehow they 97 1 would be liable. That's the only reason they'd have any 2 reason to tell us how to run the facility, or have any 3 input at all is fear of some kind of liability, or fear 4 of repercussion from the taxpayers that we hadn't done 5 it right. We're already doing it, so -- 6 COMMISSIONER LETZ: Right. 7 COMMISSIONER BELEW: -- that should 8 be irrelevant. 9 COMMISSIONER LETZ: We're going to run the 10 facility as we see fit, period. 11 COMMISSIONER MOSER: Okay, we got a motion 12 and a second. 13 COMMISSIONER REEVES: And I would like to go 14 into executive session -- 15 COMMISSIONER MOSER: Okay, to -- 16 COMMISSIONER REEVES: -- to discuss this. 17 MRS. STEBBINS: May I advise you at how the 18 circumstances under which we can do that. Under the 19 section that directs us to being able to go into 20 executive section for contract negotiation, it is one of 21 those that the Court has to vote to go into executive 22 session unanimously, and that deliberation in open 23 meeting would have a detrimental effect on the position 24 of the Commissioners' Court and negotiations with a 25 third person or party. The deliberation -- the 98 1 Commissioners' Court of the County may conduct a closed 2 meeting to deliberate business and financial issues 3 relating to the contract being negotiated. Also there 4 must be a written determination by the attorney advising 5 the Commissioners' Court that deliberation in open 6 meeting would have a detrimental effect on the position 7 of the Commissioners' Court and negotiations with a 8 third party. So in order to go into executive session, 9 I needed to say that. 10 COMMISSIONER MOSER: To go into executive 11 session everybody on the Court has to agree to going to 12 into executive session. 13 MRS. STEBBINS: Yes, Sir. And a closed 14 meeting must be to deliberate business and financial 15 issues relating to a contract being negotiated. 16 COMMISSIONER MOSER: Well, I don't think we 17 have any financial issues here. We've approved -- 18 COMMISSIONER BELEW: Well, it's business 19 though, it's operation, business operations. 20 JUDGE POLLARD: That's financial. 21 COMMISSIONER MOSER: Okay. 22 MRS. STEBBINS: But you must unanimously 23 vote that the negotiations, or having these 24 conversations in an open meeting would have a 25 detrimental effect on the county's position such that 99 1 you need to go into a closed meeting, and you'll need a 2 written opinion from me in order to do that. 3 COMMISSIONER LETZ: But that means -- here's 4 the things I object to. County shall provide routine 5 daily care of animals in its possession to include 6 evenings, weekends, holidays. That's part of our job. 7 COMMISSIONER BELEW: So it's easy to say yes 8 to that, Jonathan. 9 COMMISSIONER LETZ: But why have a bunch of 10 stuff that is unnecessary to -- 11 COMMISSIONER BELEW: We already do. It's 12 annoying, but it doesn't mean that it's unnecessary. 13 COMMISSIONER LETZ: Well, to me it's 14 unnecessary in the agreement. We operate it as we want 15 to, because as I read this, because if we want to change 16 anything we almost have to go to the City to get 17 permission because it's in the agreement. It should be 18 silent. County shall provide adequate segregated 19 quarters at the Facility for the quarantining of animals 20 as required by law. If it's required by state law why 21 do we have to have this in this agreement? 22 COMMISSIONER BELEW: When I go through a 23 contract if I don't like something I scratch through it, 24 initial it, and say knock that part out, and you 25 renegotiate. 100 1 COMMISSIONER LETZ: And that's where I am. 2 COMMISSIONER BELEW: Okay. 3 COMMISSIONER LETZ: I'm not saying not to do 4 the agreement; I'm saying why have all this stuff in 5 here to me it's totally unnecessary. 6 COMMISSIONER MOSER: Why don't you propose 7 what you propose to delete. 8 MRS. STEBBINS: And there's still time to 9 make that recommendation or suggest changes to the City 10 in order for them to consider what the County is willing 11 to agree to at their next meeting. 12 COMMISSIONER LETZ: That's fine. 13 MRS. STEBBINS: If you choose to do this. 14 COMMISSIONER MOSER: Okay. So the question 15 on the table is do we go into executive session. 16 JUDGE POLLARD: I think there's even a 17 motion. 18 COMMISSIONER REEVES: No. There's a motion 19 to approve the contract. 20 COMMISSIONER MOSER: The motion and second 21 to approve. 22 COMMISSIONER REEVES: Do you want to rescind 23 it for now? 24 COMMISSIONER MOSER: No. No, I -- 25 COMMISSIONER REEVES: Because there's terms 101 1 in the contract that needs to be discussed before it can 2 be approved in my opinion. 3 COMMISSIONER MOSER: Okay. Well, so I don't 4 object to going into executive session to discuss that. 5 COMMISSIONER REEVES: Do you want to revoke 6 your current motion -- 7 JUDGE POLLARD: Withdraw it or -- 8 COMMISSIONER MOSER: No. I want to keep the 9 motion there pending discussion in executive session, 10 we'll bring -- we'll delay this. 11 JUDGE POLLARD: Bring it back after open 12 session. 13 COMMISSIONER MOSER: Bring it back after 14 executive session. 15 COMMISSIONER REEVES: So now, Miss County 16 Attorney, we need a motion that's unanimous by the Court 17 to go into executive session regarding the business 18 dealings of a contract. 19 MRS. STEBBINS: Your motion needs to be that 20 deliberation in an open meeting would have a detrimental 21 effect on a position of the Commissioners' Court in 22 negotiations with a third party. 23 JUDGE POLLARD: And does it have to be 24 unanimous -- 25 MRS. STEBBINS: Yes, Sir. 102 1 JUDGE POLLARD: -- that finding? 2 MRS. STEBBINS: Yes. 3 COMMISSIONER MOSER: Okay, so that's 4 Bob's -- 5 COMMISSIONER REEVES: That would be as the 6 County Attorney has stated would be my motion why we 7 need to go into executive session. 8 COMMISSIONER MOSER: Okay. I'll second that 9 motion. 10 COMMISSIONER BELEW: That's -- 11 MRS. STEBBINS: That would be the correct 12 motion. 13 JUDGE POLLARD: We have another motion on 14 the floor. 15 COMMISSIONER REEVES: Can you take your's 16 off until we go into executive session? 17 COMMISSIONER MOSER: I'll take -- I'll 18 take -- I will delay mine. 19 COMMISSIONER REEVES: I don't think we can 20 delay. We've got one motion to vote. 21 COMMISSIONER BELEW: We can vote on it, kill 22 it, come back to it. 23 COMMISSIONER MOSER: No, I don't want to 24 kill it. 25 COMMISSIONER REEVES: Remove it for right 103 1 now so we can go into executive session. 2 COMMISSIONER MOSER: Can I just hold it off? 3 Can I hold off on voting on our's, on this one? 4 COMMISSIONER LETZ: Why don't we vote on it, 5 vote against it, and get past it. 6 COMMISSIONER BELEW: And go back again. 7 JUDGE POLLARD: Vote on what? 8 MRS. STEBBINS: I think you're going to vote 9 on it, is -- 10 COMMISSIONER REEVES: Just withdraw your 11 motion for now so we can go in. Otherwise it's going to 12 get -- I can't agree with the terms what your motion is. 13 JUDGE POLLARD: The item is still on the 14 agenda. You can make the motion again after we come out 15 of closed session. 16 COMMISSIONER MOSER: I'll withdraw it. I'll 17 withdraw it for right now. 18 COMMISSIONER REEVES: So you're going to 19 withdraw your second to the motion? 20 COMMISSIONER BELEW: I'll withdraw my 21 second. 22 COMMISSIONER REEVES: Now I got a motion 23 that I make that we need to go into executive session to 24 discuss -- 25 COMMISSIONER MOSER: And I second it. 104 1 MRS. STEBBINS: The law -- 2 JUDGE POLLARD: Those in favor of the motion 3 signify by raising your right hands. 4 COMMISSIONER REEVES: I want to hear what 5 she said. 6 MRS. STEBBINS: The law requires your 7 finding to -- your finding to be that deliberation in an 8 open meeting would have a detrimental effect on the 9 position of the Commissioners' Court in negotiations 10 with a third person, so not only do you need a unanimous 11 vote for that, you need a written opinion from me for 12 that. 13 COMMISSIONER MOSER: Can you write something 14 real quick? 15 MRS. STEBBINS: I don't really know what you 16 want to discuss in executive session, so I can't give a 17 written opinion on it. 18 JUDGE POLLARD: For example, as you pointed 19 out, that if we ever wanted to change the way we 20 operated the facility over there, we'd have to go to the 21 City for approval. If those specific things are in 22 there that could be a detrimental effect on it, and I 23 think we can make a finding that that's necessary to 24 support that Resolution that you are talking about, that 25 it would have a detrimental effect for discussing it in 105 1 open session, and that will allow us to go into closed 2 session, discuss it, and then come out and then it would 3 be subject to that item on the agenda would be available 4 to be ruled on, or a motion at that time. 5 COMMISSIONER MOSER: There we go. 6 JUDGE POLLARD: All right. Is that -- 7 COMMISSIONER BELEW: If, for example, if we 8 change something, some operating procedure at the animal 9 shelter that the City say didn't like, now we're in 10 breach of contract or they take us to Court or there's 11 some big hubbub over it, and they say you can't change 12 that without our written approval and so on, more 13 convoluted, what Jonathan's saying is we want to 14 streamline as possible, not a whole bunch of 15 fingerprints on it. 16 MRS. STEBBINS: Okay. 17 COMMISSIONER BELEW: We operate the way we 18 operate, they operate the way they operate, and we have 19 an agreement to take, you know, that everybody in the 20 county goes back to the library, and we pick up the 21 dogs, and cats, and possums or whatever inside the City 22 limits. 23 MRS. STEBBINS: So basically the language 24 would mirror each other, saying that they would provide 25 the services they already provide, we provide the 106 1 services we already provide. 2 COMMISSIONER BELEW: And make it simple. 3 MRS. STEBBINS: And make it simple, but we 4 are discussing this in open session presently. 5 COMMISSIONER REEVES: I have not discussed 6 what I want to discuss about it, Council. That's why I 7 want to go into executive session. 8 COMMISSIONER BELEW: I was just trying to 9 make it -- 10 MRS. STEBBINS: Y'all can -- 11 COMMISSIONER BELEW: -- as to why we want to 12 go into it. 13 COMMISSIONER MOSER: No. You don't know why 14 he wants to. 15 MRS. STEBBINS: Which is my issue with my 16 part of this is I have to issue an written opinion to 17 y'all concerning whether or not we should go into 18 executive session if it's going to have a detrimental 19 effect -- 20 COMMISSIONER REEVES: Judge -- 21 MRS. STEBBINS: -- after your vote. 22 JUDGE POLLARD: Make a motion. 23 COMMISSIONER REEVES: -- give me a 24 ten-minute recess. 25 MRS. STEBBINS: May I finish? You can vote 107 1 how you would like to vote now, and then I can come back 2 with a written opinion so that -- I think there's a 3 motion on the table, you can vote and then I can -- 4 COMMISSIONER REEVES: All right. Let's go 5 ahead and vote. 6 COMMISSIONER MOSER: Let's go into executive 7 session. 8 COMMISSIONER REEVES: Right. 9 JUDGE POLLARD: And to make that necessary 10 finding that it would be detrimental to the County to 11 discuss it in open session, we gotta have that finding 12 in there. 13 COMMISSIONER REEVES: Yes. 14 JUDGE POLLARD: Okay. In order to do it and 15 that makes it has to be unanimous, okay. All right, 16 with that understanding those in favor of the motion 17 signify by raising your right hands. Since it has to be 18 unanimous, I raise my right hand, too. It passes 19 five-O. We'll discuss it in closed session, and when we 20 come out of closed session we're going back into open 21 session and reconsider that particular item on the 22 agenda at that time, if the parties want to do something 23 about it at that time. 24 All right, whooo. Item 1.25 consider, 25 discuss and take appropriate action to adopt a 108 1 resolution to enter into a financing contract with 2 Government Capital for the purpose of financing a 2017 3 chip spreader for the Road and Bridge Department, and 4 authorize the County Judge to sign the contract and 5 associated documents. Hi. 6 MRS. DOSS: Hi. Good morning. As Kelly 7 from Road and Bridge, we earlier approved the old chip 8 spreader to be sold, so -- and this is for the financing 9 of the new chip spreader. We are supposed to get 85 10 thousand dollars for the old chip spreader and some of 11 that will be used to pay for the water truck, or the 12 water tank on the water truck, and the rest will be put 13 down on this new chip spreader, which will leave the 14 balance of $214,475.00 to be financed. There is a 15 Resolution in your packet, and it reads Kerr County, the 16 issuer, desires to enter into that certain finance 17 contract number 7977, by and between the Issuer and 18 Government Capital Corporation for the purpose of 19 financing a chip spreader. The Issuer desires to 20 designate this finance contract as a qualified tax 21 exempt obligation of the Issuer for the purpose of 22 265(b)(3) of the Internal Revenue Code of 1986, as 23 amended. 24 Now therefore, be it resolved by Kerr 25 County: That the Issuer will enter into a finance 109 1 contract with Government Capital Corporation for the 2 purpose of financing a chip spreader. That the finance 3 contract dated as of October 23rd, 2017 by and between 4 the Kerr County and Government Capital Corporation is 5 designated by the Issuer as a qualified tax exempt 6 obligation for the purposes of 265(b)(3) of the Internal 7 Revenue Code of 1986, as amended. That the Issuer will 8 designate Tom Pollard, County Judge, as an authorized 9 signer of the finance contract dated as of October 23rd, 10 2017 by and between the Kerr County and Government 11 Capital Corporation. 12 Passed and approved by the Board of Kerr 13 County in a meeting held on the 23rd day of October, 14 2017. 15 COMMISSIONER REEVES: And is this within 16 what we had budgeted? 17 MRS. DOSS: Yes. This is below what we had 18 budgeted by about 8 thousand dollars. Annually. 19 MS. HOFFER: Brenda, what's the term of 20 life. 21 MRS. DOSS: The term is four years. 22 COMMISSIONER REEVES: I make a motion to 23 enter into a financing contract with Government Capital 24 for the purpose of financing a 2017 chip spreader for 25 the Road and Bridge Department, authorize the County 110 1 Judge to sign this contract, and any other documents 2 associated with it, and the financing contract amount -- 3 JUDGE POLLARD: 214,000 and what -- what's 4 the figure? 5 MRS. DOSS: 214,475. 6 JUDGE POLLARD: 475? 7 MRS. DOSS: Yes. That's the principal 8 amount over a four year term. 9 COMMISSIONER REEVES: That's my motion. 10 COMMISSIONER BELEW: Second. 11 JUDGE POLLARD: All right. It's been moved 12 by Commissioner Reeves, seconded by Commissioner Belew. 13 This is in regard to item 1.25 of the agenda, and that 14 is to authorize the execution of a resolution by the 15 County Judge authorizing the County to enter into a 16 financing contract with Government Capital for the 17 purpose of financing a 2017 chip spreader for the Road 18 and Bridge Department, and authorize the County Judge to 19 sign that contract and all the associated documents it 20 calls for, in consideration of $214,475.00. Is there 21 any further discussion? There being none, those in 22 favor of the motion signify by raising your right hands. 23 It's four zero, unanimous. 24 1.26 consider, discuss -- 25 COMMISSIONER REEVES: That's -- 111 1 JUDGE POLLARD: That's executive session. I 2 think we go all the way over to the one that was added 3 to the agenda 1.28, everything else is executive session 4 until then. Consider, discuss and take appropriate 5 action to authorize Kerr County Sheriff to accept a 6 donation for the equipment fund. Sheriff. 7 SHERIFF HIERHOLZER: What this is is a kind 8 of discretionary grant donation from the Cailloux 9 Foundation in the amount of $7,000.00, which will pay 10 for additional body cameras, spike strips, and flair 11 kits for the four new positions that we got -- or 12 actually three of the new positions that we got in this 13 budget. Those items I did not have in the budget when 14 y'all added those employees. 15 COMMISSIONER MOSER: So this is for 16 additional -- 17 SHERIFF HIERHOLZER: This is for the 18 additional, so I can equip those officers with those 19 items. 20 JUDGE POLLARD: Sure am curious about how 21 this came about. Was there a request or a comment? 22 SHERIFF HIERHOLZER: Yes. There was a 23 request from my Chief Deputy. 24 JUDGE POLLARD: From the Chief Deputy to the 25 Cailloux Foundation, and they responded -- 112 1 SHERIFF HIERHOLZER: Yes, Sir. 2 JUDGE POLLARD: -- exactly as requested? 3 SHERIFF HIERHOLZER: Exactly. Big support. 4 So I would like to have it accepted to go directly to 5 our equipment fund. 6 COMMISSIONER MOSER: So move that we accept 7 the contribution as -- 8 JUDGE POLLARD: With limitations on use. 9 SHERIFF HIERHOLZER: Right. 10 JUDGE POLLARD: All right, is there a 11 second? 12 COMMISSIONER LETZ: Second. 13 JUDGE POLLARD: Been moved by Commissioner 14 Moser, seconded by Commissioner Letz to accept the 15 $7,000.00 donation from Cailloux Foundation to be used 16 by the Sheriff's office in his account and equipment 17 fund, and is designed for specific purposes to purchase 18 specific items. All right, is there any further comment 19 or discussion? 20 COMMISSIONER MOSER: Thank you to the 21 Cailloux Foundation. 22 JUDGE POLLARD: Yes. Thank you very much. 23 Those in favor of the motion signify by raising their 24 right hands. It's four zero, unanimous. 25 All right, at this time we're going to go 113 1 into executive session. Sounds like it's going to be 2 lively. 3 MRS. STEBBINS: Judge Pollard, may I request 4 five minutes before executive session begins? 5 JUDGE POLLARD: Yes. A break for five 6 minutes? 7 MRS. STEBBINS: Yes, Sir. 8 MRS. DOSS: Can we pay the bills? 9 JUDGE POLLARD: All right, we can pay the 10 bills. 4.1 pay the bills. 11 MRS. DOSS: We have one bill, and this is 12 for a jury fund. 13 COMMISSIONER LETZ: I move to pay the bill. 14 COMMISSIONER REEVES: Second. 15 JUDGE POLLARD: Been moved by Commissioner 16 Letz, seconded by Commissioner Reeves to pay the bills 17 as set forth in the agenda item 4.1. There was only one 18 for a jury fund. And is there any further discussion or 19 comment about that? If not, those in favor signify by 20 raising your right hands. It's four zero, unanimous. 21 4.2 budget amendments, any? 22 MRS. DOSS: None, Sir. 23 JUDGE POLLARD: We to go 4.3 late bills. 24 MRS. DOSS: None, Sir. 25 JUDGE POLLARD: We'll go to 4.4 approve and 114 1 accept monthly reports. Mr. Reeves. 2 COMMISSIONER REEVES: Yes, Sir. So all of 3 the following reports are for the month of September, 4 2017. County Clerk's report, District Clerk's report, 5 J.P. Precinct Number 4 amended report, and Indigent 6 Services report for the month. Move to accept the 7 reports as presented and sign per needed. 8 COMMISSIONER BELEW: Second. 9 JUDGE POLLARD: All right, it's been moved 10 by Commissioner Reeves, seconded by Commissioner Belew 11 to accept the reports as just dictated into the record 12 as submitted, and granting authority for the execution 13 to sign as needed, if needed. Is there any further 14 comment or discussion? There being none, those in favor 15 of the motion signify by raising your right hands. It's 16 four zero, unanimous. The next thing is Auditor's 17 reports. 18 MRS. DOSS: None, Sir. 19 JUDGE POLLARD: None. We'll go to 5.1 20 reports from Commissioners and liaison committee 21 assignments. Anybody? 22 We go to 5.2 reports from if he elected 23 officials and department heads. Anyone? 24 5.3 reports from boards, commissions and 25 committees. City/County joint projects or operations 115 1 reports. Anybody? Others? Nobody, all right. 2 We're going to recess for five minutes, and 3 at that time we'll go into executive session. 4 (Recess.) 5 (Executive Session.) 6 JUDGE POLLARD: All right, it's about ten 7 minutes after 12, and we're back in open session. And I 8 think Commissioner Reeves, you have something you want 9 to put on the record. 10 COMMISSIONER REEVES: Just a second. Why 11 don't we go with 1.24, I think Commissioner Moser may 12 have some comments. 13 JUDGE POLLARD: All right, 1.24. 14 COMMISSIONER MOSER: 1.24. We are going 15 to -- we think there's some ways to keep the same intent 16 of the Interlocal Agreement with some ways to simplify 17 it, okay? And what we're going to do is we're going to 18 work that modification of the Interlocal Agreement with 19 simplification, and Heather will take that recommended 20 simplified Interlocal Agreement and share that with the 21 City Attorney, okay? And we will put this back on the 22 agenda for November 13th, hoping to have gone through 23 the iterations between City and the County at that time, 24 we'll put it back on Commissioners' Court on November 25 13th, and hopefully the City will keep it on their 116 1 agenda for November 14th as proposed. So I think it 2 basically says we agree with the intent, there's just 3 some -- probably some unnecessary parts of the 4 Interlocal Agreement that are not necessary. 5 JUDGE POLLARD: All right, I think that's 6 the only action we need to take with regard to that 7 item. 8 Now, we got this other item. Mr. Reeves. 9 COMMISSIONER REEVES: Yes, Sir. And that is 10 item -- 11 JUDGE POLLARD: 1.26. 12 COMMISSIONER REEVES: -- 1.26. Mr. Hastings 13 left with the complete reading of it, but I'd like the 14 Court record to reflect that it has been determined 15 through research of the County Attorney's Office and 16 Mr. Hastings and the County Clerk's office that the 17 portion of Point Theater Road, which is not located 18 within the corporate limits of the City of Ingram is a 19 private road; not -- it may be public accessed, but it 20 is not maintained by Kerr County. 21 JUDGE POLLARD: Never has been. 22 COMMISSIONER REEVES: Never has been in Kerr 23 County's name. 24 JUDGE POLLARD: And Kerr County has no 25 easements on it. 117 1 COMMISSIONER REEVES: We don't even have an 2 easement in effect on that road. 3 JUDGE POLLARD: Nor a deed, no ownership. 4 COMMISSIONER REEVES: And this is not to say 5 that people can't keep driving on it, we just do not 6 have any authority to maintain it. 7 MRS. STEBBINS: Correct. 8 JUDGE POLLARD: The fact that it's not a 9 county road it's illegal for us to maintain it. 10 COMMISSIONER REEVES: Well, that's my point. 11 We don't have the authority to maintain it. 12 JUDGE POLLARD: Yeah. All right, anything 13 else? I think that's it. We're adjourned. Thank you. 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25 118 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 27th day of November, 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