1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Thursday, August 23, 2018 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 TOM MOSER, Commissioner Pct. 2. 24 BOB REEVES, Commissioner Pct. 4 25 2 1 I-N-D-E-X 2 NO. PAGE 3 1.1 Pay Bills. 3 4 1.2 Budget Amendments. 4 5 1.3 Late Bills. 6 6 1.4 Approve Payroll. 7 7 1.5 Consider, discuss and take appropriate 8 action to modify contract price with 8 CSI (Court Order #36888) due to workers compensation insurance requirements. 9 *** Adjournment. 10 10 *** Reporter's Certificate. 11 11 * * * * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE POLLARD: All right, it is Thursday, 2 August the 23rd, 2018 at 9 a.m., and the Kerr County 3 Commissioners' Court is in session. We're in the 4 Commissioners Courtroom in the Kerr County Courthouse. 5 We are holding this session today thanks to the 6 illustrious opinion of our illustrious Attorney General 7 who has ruled that we have been doing this incorrectly 8 for 150 to 200 years, and all of a sudden he thinks we 9 need to do it differently. And so we thank him for 10 these four additional Commissioners' Court meetings a 11 month. And for the purpose of paying bills his opinion 12 is that Commissioners' Court has to approve every bill; 13 can't delegate it to anybody, so here we are. 14 Secondly, I want to say that we do have a 15 quorum here today. It's Commissioner Precinct 4, 16 Commissioner Precinct 2, and myself. And I -- what is 17 it we're called? 18 COMMISSIONER MOSER: The scroungy three. 19 JUDGE POLLARD: The scroungy three, all 20 right. And we do have a quorum here today. 21 Commissioner Precinct 3, and Commissioner Precinct 1 are 22 absent. 23 All right. Let's go to item 1.1 on the 24 approval agenda. Pay the bills. 25 MRS. DOSS: Yes. The Kerr County general 4 1 packet totals $419,925.35. And then we have four 2 additional packets, which are for separate governing 3 boards. The Airport totals $557.54. Adult probation 4 totals $4,343.00. Juvenile Probation totals $1,026.34, 5 and the 198th forfeiture fund totals $259.21. 6 COMMISSIONER REEVES: I make motion to 7 approve the bills and disbursements as outlined by the 8 County Auditor. 9 COMMISSIONER MOSER: And I'll second that. 10 JUDGE POLLARD: Been moved by Commissioner 11 Precinct 4, seconded by Commissioner Precinct 2 to 12 approve and authorize payment of the bills as submitted 13 by the County Auditor in the agenda package today. Is 14 there any further comment or discussion? There being 15 none, those in favor of the motion signify by raising 16 their right hands. It's three zero, unanimous. 17 Item 1.2 budget amendments. 18 MRS. DOSS: We have 8 budget amendments. 19 The first is a nondepartmental, and this is to move 20 budget to professional services. The second is a line 21 item budget transfer in the County Court at Law 22 Department. The third is a budget transfer from the 23 216th to the 198th Court -- District Court. Number four 24 is a budget transfer within the County Attorney's 25 Department. Number 5 is within the Treasurer's 5 1 Department. Number 6 is within the Jail. Seven is 2 within the Sheriff Department. And number 8 is for the 3 UGRA agreement. 4 COMMISSIONER MOSER: Move that we approve 5 the budget adjustments as just delineated by the County 6 Auditor. 7 COMMISSIONER REEVES: Second. 8 JUDGE POLLARD: Been moved by Commissioner 9 Precinct 2, seconded by Commissioner Precinct 4 to 10 approve the budget amendments, all 8 of them as 11 submitted in the agenda package by the County Auditor. 12 Is there any further comment or discussion? 13 I just got one question. I notice that 14 $3,500.00 transferred to court appointed attorneys. Is 15 this happening pretty often? And the reason I'm asking 16 is this court appointed attorney issue is getting in our 17 budget, we've had to address that. And does this look 18 like it's happening pretty often budget amendments for 19 that purpose? 20 MRS. DOSS: It depends on the year. In the 21 prior year we were going the other way from the 198th to 22 the 216th. This year 216th has extra so we're moving it 23 to the 198th. It just depends. 24 COMMISSIONER MOSER: Just from Court to 25 Court. 6 1 MRS. DOSS: Yes. We usually try to keep it 2 between those two courts, because it's just hard to 3 forecast what the costs are going to be. 4 COMMISSIONER REEVES: And this one's 5 actually coming out of the court appointed attorney and 6 going for what other services -- 7 MRS. DOSS: Yes, for other services. 8 COMMISSIONER REEVES: -- and court 9 reporters, is that correct? 10 MRS. DOSS: Right, right, that is correct. 11 Because we have quite a bit left over this year in the 12 216th for court appointed attorneys this year. 13 JUDGE POLLARD: That means there's somebody 14 appealing the case is what it means. 15 COMMISSIONER REEVES: That's what I assumed. 16 JUDGE POLLARD: And you never can predict 17 when that's going to happen. 18 MRS. DOSS: No, you can't. 19 JUDGE POLLARD: All right, if there's no 20 further comment or questions about it those in favor of 21 the motion signify by raising their right hands. It's 22 three zero, unanimous. 23 1.3 late bills. 24 MRS. DOSS: We have two late bills. And let 25 me -- these are not late bills to the vendor; they 7 1 just -- we had to do them in a separate packet because 2 we already processed the prior packet. The first one is 3 to the City of Kerrville for Fire and EMS services for 4 $102,625.00, and the second one is to Visa, this is the 5 198th charge card. 6 COMMISSIONER REEVES: Make a motion to 7 approve payment of the late wills as presented by the 8 Auditor. 9 COMMISSIONER MOSER: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Precinct 4, seconded by Commissioner Precinct 2 to pay 12 the late bills item 1.3 of the agenda as submitted in 13 the agenda package by the County Auditor. Is there any 14 further comment or discussion? There being none, those 15 in favor of the motion signify by raising their right 16 hands. It's three zero, unanimous. 17 All right, the last item on the agenda is 18 1.4 approve the payroll. 19 MRS. DOSS: Total payroll is $529,830.89. 20 COMMISSIONER MOSER: Move that we approve 21 payment of the payroll. 22 COMMISSIONER REEVES: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Precinct 2, seconded by Commissioner Precinct 4 to 25 approve the payment of the payroll as submitted in item 8 1 1.4 of the agenda package by the County Auditor, and the 2 County Treasurer, I guess, too. So any further comment 3 or discussion? There being none, those in favor of that 4 motion signify by raising their right hands. It's three 5 zero, unanimous. 6 Okay, we have one other item 1.5 consider, 7 discuss and take appropriate action to modify contract 8 price with CSI, this pertains to Court Order 36888 due 9 to workers compensation insurance requirements. Mr. 10 Reeves. 11 COMMISSIONER REEVES: Yes, Sir. This Court 12 Order pertains to the new cabinets, the countertops and 13 work areas that we had previously approved with CSI 14 Cabinets for use in the tax office. The current 15 budgeted amount is $42,000.00. The contract price that 16 was submitted was $44,000.00; however, we paid it within 17 seven days, we would come under -- within our budgeted. 18 When the County Attorney drew up the contract, and it is 19 by state law that all contractors have workers comp 20 insurance, they cannot sign a waiver. CSI will have to 21 get workers comp to complete this job. Their additional 22 cost will be $3,500.00. They did not know they were 23 required to have it when they submitted their price 24 proposal. We did not have any specifications in the 25 construction order requiring it. It came after the 9 1 fact; therefore -- 2 JUDGE POLLARD: We didn't notify them. 3 COMMISSIONER REEVES: Therefore, we did not 4 properly notify, so I believe the Auditor has found 5 places in the County Tax Collector's budget that we can 6 move some money from? 7 MRS. DOSS: Yes, Sir. 8 COMMISSIONER REEVES: So it won't take it 9 out of already budgeted for that department, but we need 10 to amend the Court Order to add an additional not to 11 exceed $3,500.00 to the contract price. 12 JUDGE POLLARD: So is that your motion? 13 COMMISSIONER REEVES: That would be my 14 motion to amend the contract price with CSI Cabinets not 15 to exceed $3,500.00 to the contract price that's already 16 approved by the Court. 17 COMMISSIONER MOSER: I second that. 18 JUDGE POLLARD: Been moved by Commissioner 19 Precinct 4, seconded by Commissioner Precinct 2 to amend 20 the contract with CSI about the cabinets, and increase 21 the price to not exceed an additional sum of $3,500.00 22 due to and caused by this oversight requirement of CSI 23 having to have workers compensation insurance because we 24 didn't notify them. 25 COMMISSIONER REEVES: We did not notify 10 1 them. 2 JUDGE POLLARD: That's why we're hung with 3 it. 4 COMMISSIONER REEVES: And as we're speaking 5 there is an Attorney General's opinion; not by the 6 current Attorney General, but a former Attorney General 7 saying that we must have workers compensation insurance. 8 JUDGE POLLARD: Okay. Any further comment 9 or discussion? If not, those in favor of the motion 10 signify by raising your right hand. It's three zero, 11 unanimous. 12 Is there any further business for the 13 Commissioners' Court? If not, we're adjourned. Thank 14 you very much. 15 * * * * * * 16 17 18 19 20 21 22 23 24 25 11 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 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Commissioners' Court. 9 Dated this the 28th day of August, A.D. 10 2018. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 12/31/2018 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25