1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Monday, September 10, 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 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 *** Visitor's Input. 6 4 *** Commissioner's Comments. 9 5 1.1 Presentation regarding the Kerrville ISD 12 November 6, 2018 bond election. 6 1.2 Consider, discuss and take appropriate 34 7 action for the Court to set a Public Hearing regarding the installation of a 8 "Stop" sign on Johnson Dr. N. 9 1.3 Consider, discuss and take appropriate 36 action for the Court to approve Amendment 10 No. 9 (Construction Engineering Services), and Amendment No. 10 (Construction 11 Inspection Services) to the Agreement for Engineering Services between Kerr County 12 and Tetra Tech, Inc. for Phase 2 of the East Kerr County/Center Point Wastewater Project. 13 1.4 Consider, discuss and take appropriate 39 14 action for the Court to set a public hearing for 9 a.m. on October 22nd, 2018 for the 15 revision of plat for Horizon Section One, Lots 36 and 37, Volume 6, page 391. 16 1.6 Consider, discuss and take appropriate 41 17 action to authorize a committee to create a training program for supervisors. 18 1.7 Consider, discuss and take appropriate 44 19 action to approve the proposed 911 budget for the year 2019. 20 1.8 Consider, discuss and take appropriate 52 21 action on the request by Hill Country Dispute Resolution Center(HCDRC) to renew 22 contract with Kerr County to provide mediation services in Kerr County, and 23 for funding. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 55 action to approve Request for Change Order 4 received from Kendnel Kasper for the 216th District Attorney's Office, (RFC No. 13, 5 locker and storage cabinets). 6 1.13 Public hearing on the proposed Kerr County 57 and Lateral Roads 2018 tax rate. 7 1.10 Consider, discuss and take appropriate 58 8 action on a policy regarding videotaping and recording of Kerr County courtrooms. 9 1.11 Consider, discuss and take appropriate 66 10 action to clarify and modify certain provisions of the Rabies and Animal 11 Control Order, (Court Order #28209). 12 1.12 Consider, discuss and take appropriate 80 action regarding Interlocal Agreement with 13 the City of Kerrville for the Provision of Animal Control Services and Services of the 14 Butt Holdsworth Memorial Library (Court Order #36909), rescind original Interlocal 15 Agreement (Court Order #36460) and rescind proposed 1st Amendment (Court Order #36876). 16 1.14 Consider, discuss and take appropriate 83 17 action on requests from appointed and elected officials to appoint clerks and 18 assistants to their offices pursuant to the Local Government Code Chapter 151. 19 1.15 Consider, discuss and take appropriate 85 20 action to authorize adding Human Resources Liaison as an additional TAC Pool 21 Coordinator. 22 1.16 Consider, discuss and take appropriate 89 action to approve Memorandum of 23 Understanding (MOU) between Kerr County and the Hill Country Council on Alcohol 24 and Drug Abuse, Region 8, and allow the County Judge to sign same. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.17 Consider, discuss and take appropriate 90 action to approve Kerr County Safety 4 Resolution dated September 10, 2018 for fiscal year 2018-2019, and have same 5 signed by the County Judge and the Commissioners' Court. 6 1.18 Consider, discuss and take appropriate 91 7 action to approve a Memorandum of Understanding between Methodist Healthcare 8 System of San Antonio, Ltd. L.L.P. through its SANE Program and Kerr County Sheriff's 9 Office. 10 1.19 Consider, discuss and take appropriate 93 action regarding policy for connecting 11 to the East Kerr/Center Point Wastewater Project. 12 1.20 Consider, discuss and take appropriate 101 13 action regarding resolution/public comment to Texas Water Development Board on East 14 Kerr County/Center Point Wastewater System EDAP application. 15 1.23 Consider, discuss and take appropriate 106 16 action to approve Internet Domain Registrant Agreement and authorize the 17 County Judge to sign the same. 18 1.21 Consider, discuss and take appropriate 107 action regarding Order Authorizing 19 Publication of Notice of Intention to issue Certificates of Obligation to finance 20 a portion of the costs to construct and equip a new wastewater system to provide 21 wastewater service to Center Point and surrounding areas in Eastern Kerr County. 22 1.22 Consider, discuss and take appropriate 109 23 action to modify agreement with Carolina Biological Supply Company (Court Order 24 #30399). 25 4.4 Approve and accept Monthly Reports. 114 5 1 I-N-D-E-X 2 NO. PAGE 3 5.2 Reports from Elected Officials/Department 115 Heads. 4 1.24 Consider, discuss and take appropriate 116 5 action regarding personnel issue. 6 4.6 Court Orders. 117 7 *** Adjournment. 120 8 *** Reporter's Certificate. 121 9 * * * * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 JUDGE POLLARD: All right, it's September 2 the 10th, 2018, it's about 9 a.m. The Kerr County 3 Commissioners' Court is in session. We'll start with 4 Commissioner Reeves leading us with the Pledge and the 5 prayer. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE POLLARD: All right, this is the 8 parted of the Commissioners' Court meeting that anyone 9 wishing to speak on some item that is not on the agenda 10 come forward and speak at this time. I think the 11 gentleman, Mr. Lehman. Try to identify yourself by name 12 address, and try to limit your comments to three 13 minutes, please. Thank you, Sir. 14 MR. LEHMAN: Okay. My name is Steve Lehman, 15 I reside at 1428 Gloucester Point, I am a cofounder of 16 the Hill Country Preppers and have been teaching 17 emergency preparedness for 16 years. September has been 18 designated as National Preparedness Month since 2004. 19 And it a time to focus on our attention on the 20 importance of preparing our families, our homes, our 21 business, and our communities for disasters that 22 threaten our lives, property and homeland. 23 During this time we also honor first 24 responders who work tirelessly to safeguard our nation 25 and protect our citizens. We also recognize that the 7 1 average citizen, your neighbor or a complete stranger is 2 often the first responder to an accident or a disaster 3 scene. 4 Over the past year communities nationwide 5 and across the territories have witnessed and endured 6 damage from multiple hurricanes, wildfires, tornadoes, 7 floods volcanic eruptions and other natural and man 8 caused disasters. Combined, these natural disasters 9 affected 47 million people and tens of thousands were 10 mobilized and aide, comfort and assistance in spite of 11 tremendous challenges the resilience of the American 12 people continues to prevail. 13 Tragedies are somber reminders that 14 preparedness is a shared responsibility and that it is 15 critical to maintain readiness. All Americans can 16 prepare for potential disasters by developing and 17 practicing a family emergency response plan, assembling 18 a disaster supply kit, signing up for alerts on mobile 19 devices, setting aside emergency savings, and 20 maintaining adequate insurance policies for their homes 21 and business. The Federal Emergency Management Agency 22 Ready Campaign at Ready.gov outlines other important 23 steps to best prepare for major disaster. 24 This month, I encourage everyone to take the 25 opportunity to ensure they have an emergency response 8 1 plan in place and ready to be properly executed. The 2 emergencies and disasters as the resilience and 3 strengths of families, communities and our nation, it is 4 impossible to avoid every challenge and threat, but we 5 can and must prepare for them. By doing so we can help 6 protect our communities and safe lives. I encourage all 7 local officials to take action to be prepared for 8 disasters or emergencies by making and practicing their 9 personal emergency response plans. Each step we take to 10 become better prepared makes a real difference in our 11 families and communities respond and persevere when 12 faced with the unexpected. The purpose of Annex I is 13 the basic emergency plan is to outline the means, 14 organization and process by which you will provide 15 appropriate information and instructions to the public 16 during emergency situations. The annex also provides 17 for the public education to be conducted, in advance of 18 emergency situations to reduce the likelihood that 19 citizens will place themselves in hazardous situations 20 that may require an emergency response. 21 I would like the City and the County to 22 consider expanding its public education role to 23 encouraging citizens to be more resilient and self 24 reliant during emergencies and disasters, thereby 25 decreasing the demand for disaster and post-disaster 9 1 services and enabling a speedy recovery by both the city 2 is its citizens. Thank you. 3 COMMISSIONER BELEW: Thank you. 4 COMMISSIONER MOSER: Thank you. 5 JUDGE POLLARD: Thank you. Appreciate your 6 comments. 7 Is there anyone else wishing to speak at 8 this time? 9 MS. DIANE BOLIN: I just have one 10 announcement. The Tax Office is going to be closed this 11 Thursday for training. We've had signs up for awhile. 12 I've talked to Commissioner Reeves about it. It is for 13 motor vehicle title and registration, but we will be 14 closed all day. 15 JUDGE POLLARD: Okay. You can wait, Mr. 16 Koenig. You can speak on item 1.1 on the agenda. Is 17 there anyone else wishing to speak during this open 18 session? There being no one, all right we'll proceed 19 then to item 1.1 -- 20 COMMISSIONER LETZ: Commissioner's comments. 21 JUDGE POLLARD: Oh, Commissioner's comments, 22 okay. 23 COMMISSIONER BELEW: He must have something 24 to say. I just want to thank God for the nearly seven 25 inches of rain that we've gotten, but it came slow. We 10 1 didn't have a lot of flooding problems. 2 COMMISSIONER MOSER: Is that all you got? 3 COMMISSIONER BELEW: That's all I got. 4 COMMISSIONER MOSER: He's usually ahead of 5 everybody. A couple things to follow up on Mr. Lehman's 6 mention of emergency preparedness. I compliment you on 7 what you've done for years. And what the County and 8 City have done in that regard, too, is each an emergency 9 management coordinator, which I think this body up here 10 is very proud of, with Dub Thomas, in doing preparation 11 and dry runs -- not dry runs, maybe wet runs in case of 12 a flood for what to do to prepare for it. So he's out 13 in the Sheriff's Office, but I think -- I think the City 14 and the County are well, you know, a lot better position 15 than we were before and because of that. 16 The other thing is I see Councilman Baroody 17 is here, compliment the City, even though we got a lot 18 of rain, I think you probably got your reservoir 19 effluent pond full. And a lot of water's not being 20 taken out of the aquifer because of that, so I think 21 that's -- and this is a lot of places in Precinct 2 22 that's extremely important. 23 So that's all I have. 24 JUDGE POLLARD: Have you visited with Dub 25 Thomas, Mr. Lehman? 11 1 MR. LEHMAN: I work closely with him. I'm a 2 member and instructor with the Serve Program. 3 JUDGE POLLARD: Okay. Thank you very much. 4 I don't have anything. 5 COMMISSIONER LETZ: Two things. One, I want 6 to congratulate Jared Zirkel for his field goal that was 7 absolutely amazing at the Friday night Tivy game. It 8 was quickly announced by Dr. Foust that it set a state 9 record, 59 yard field goal in Class A, longest ever. 10 And it easily would have gone 65, maybe 70 yards. He's 11 an amazing kicker. And his cousin -- two Zirkel cousins 12 are phenomenal kickers. I mean they kick it out of the 13 end zone almost every kickoff, and the field goal. 14 They're amazing cousins. 15 And second thing, normally when we mention 16 the passing of someone it's someone, an elderly person 17 who's been in the community for a long, long time. I 18 want to mention one who's a very young person, Travis 19 Bohnert in Comfort passed away last week. And Travis 20 was injured shortly after his high school graduation. 21 He dove into the river and broke his neck, and he was 22 completely paralyzed, except he had mobility of one 23 knuckle basically, and with that he had a great 24 attitude, pretty much ran the business out of Bohnert 25 Lumber in Comfort. Was able to type, very effective. I 12 1 joked with him all the time, I'd see him a lot. How he 2 did it, I don't know. But any anyway, unexpected. Some 3 lung issues, and passed away very quickly. But anyway 4 he was a great kid. That's it. 5 COMMISSIONER REEVES: Well, I'll echo 6 everybody's praise for the rain, and always use a little 7 more as my mother said and that way the grass will start 8 growing. 9 But one other thing, you'll recall last 10 meeting we voted to hold an -- or accept applications 11 for a Veterans Service Advisory Committee. We've got 12 several of them in. The deadline was 5 o'clock 13 Saturday. When I looked at the day, I guess I looked at 14 the wrong calendar; I had no intention on having it on a 15 Saturday, but hopefully at the next meeting we'll be 16 able to make some selections. 17 COMMISSIONER MOSER: Fantastic. 18 COMMISSIONER REEVES: That's it, Judge. 19 JUDGE POLLARD: Okay, thank you. By the 20 way, the Zirkel's may have a pretty good career in the 21 future, too. 22 COMMISSIONER LETZ: I think they will. A 23 lot of interest. 24 JUDGE POLLARD: All right, let's go to item 25 1.1 on the agenda. This is a presentation regarding the 13 1 Kerrville ISD November 6, 2018 bond election. Dr. Mark 2 Foust. 3 DR. FOUST: And we may have a power point to 4 go along with it, and I can do it either way. 5 (Off the record hooking up equipment.) 6 DR. FOUST: Speaking of Zirkel, while we're 7 getting the power point going, we have to verify with 8 UIL. They changed classifications and now a 6A. We're 9 not a hundred percent sure that it was the State. When 10 you go online and look online at the UIL website records 11 it looks that way, but we certainly want to hear it from 12 them and submit that, and we'll see. The Texas -- Dave 13 Campbell, who is an authority, has Odessa Permian 14 kicking a 62 yarder. But I don't know if that's 15 verified, if it was submitted to the State. But you 16 can't argue 59 yards is amazing. Very happy with that 17 young man. 18 COMMISSIONER MOSER: Can you expand it? 19 DR. FOUST: What I wanted to do is to make 20 sure that since this is something, an election, that's 21 taking place in this Court's County, I want to make sure 22 that you guys were well informed of the facts that what 23 is in the election. As you know, political subdivision, 24 I cannot and will not advocate for or against this, but 25 I am permitted and should have the responsibility to 14 1 provide information to our community members, so I will 2 certainly take on that responsibility and try to do due 3 diligence to do that. 4 So I've got a quick bond presentation. I'll 5 apologize in advance the fastest I've done this is in 6 about 20 minutes. I'll see if I can go a little faster. 7 Before I get into the presentation, I do want to talk 8 about how schools are funded. There's some pretty 9 significant misconceptions about funding for public 10 schools in Texas, and that will lay the groundwork for 11 why we're coming to the community. One of the things 12 that you probably know is that our tax base, our local 13 tax base is carrying the load for public education 14 across Texas. In our County, in our School District, 15 about 75 percent of local property taxes make up our 16 budget. About 25 percent comes from the State. So less 17 than a decade ago we were receiving from the State about 18 $12,000,000.00. As recent as 2014-15 it was 19 $10,300,000.00, but this last year we received just 20 under $8,000,000.00. It was seven million -- 7.8. The 21 rest of the burden are rising property taxes, so what I 22 would say to you is that our cup never runneth over. In 23 fact our budget has shrunk for two years consecutively 24 and will continue to shrink. For every dollar that 25 increases in our property taxes that we collect the 15 1 State gives us less the following year, and so that's 2 why since our property values have rosen steadily, I 3 would say, over the last decade, but at a relatively low 4 percentage compared to many communities. Our State 5 contribution has declined and our local voters carry the 6 majority of of the burden for funding public education. 7 The reason why I bring that up, before I even get in the 8 presentation, is because we have to make really tough 9 decisions with tight and shrinking budgets, just like 10 you guys do, and the City has to do with their budgets. 11 And I say that -- if it's been between repairing a 12 facility and doing groundwork and bringing in a front 13 loader to do some work on drainage because we have 14 drainage issues at a campus, we will and have been for 15 more than a decade set aside some of those projects to 16 make sure we can give our staff a raise. We have about 17 80 percent of our budget is salaries and benefits, it's 18 80.1, and we are very competitive regionally. We are 19 not competitive statewide, and we're not competitive 20 with the municipalities. Now, we can't keep up with San 21 Antonio ISD, Alamo Heights and what they do in salaries. 22 But with Boerne, Fredericksburg, and neighboring 23 communities our salaries are very competitive, so -- but 24 we do, we make decisions to put projects aside 25 particularly it's usually maintenance and operations 16 1 that get set aside and we reduce that budget in order to 2 make a pay raise, so all that going into a little 3 background on the why. 4 So the Board on August 13th called for an 5 88.9 million dollars bond election to be held on 6 November 6th. And as you all know that's required by 7 law that the Board of Trustees get authorization from 8 the community to sell any bonds particularly these are 9 for school construction, capital projects, technology 10 upgrades and land acquisition. So those are the four 11 listed in the bond order, and in the call order, the 12 election call order. 13 One thing I wanted to point out, I talked 14 about salaries, any proceeds from a bond that's on the 15 I&S side is interest and sinking side of our tax rate, 16 cannot be used for salaries and benefits. It's against 17 the law so they cannot cross over into M&O. So the 18 process was pretty extensive. It actually -- it started 19 before I became the Superintendent of Kerrville ISD in 20 January of 2017. They had facility study that were done 21 in 2016. We did a second facility study in 2017 and 22 brought those two together and handed that information 23 to a committee and asked for long-range facility 24 planning committee to make some prioritizations on work 25 that they thought needed to be done in our schools. So 17 1 that committee worked for several months, made a 2 presentation to our Trustees. The Trustees appreciated 3 the information and the priorities that they identified, 4 and I jokingly say that. First committee was about 45 5 citizens had a -- it came to a decision on what they 6 thought should be done with Hal Peterson and we had 7 these chart paper around the room, and someone said 8 bulldoze Hal Peterson, that was the sentiment that came 9 out of the long-range planning committee, but they 10 identified 13 key priorities that needed to be 11 addressed. They took those two studies and that 12 recommendation to the Board, and the Board said we'd 13 like to see additional work, so we called the second 14 committee called the Community Facilities Advisory 15 Committee. And that was a group that worked in May, 16 June and July. Six meetings over those three months 17 over the summer committed to the summer meetings, took 18 the priorities, put dollar amounts on the priorities and 19 put together projects of what they thought should be 20 done. So here's a picture of our first meeting at Hal 21 Peterson Middle School. And there is a kisdcfac.net is 22 a great website that has tons of information. It has 23 the District's debt position, it has all the charts that 24 this committee used to put together the projects. And 25 eventually on August 6th they presented a recommendation 18 1 to the Board. And here are all the things that they 2 studied the facilities assessment, they went on campus 3 tours, looked at potential projects, looked at our debt 4 position like I said. And something really important 5 that I'll circle back to in a minute, is we conducted a 6 very expensive but very valuable community survey. They 7 sent out -- there were over a hundred phone calls made 8 to residents, there was a phone call survey that was 9 targeted toward certain demographic, it was 55 and 10 older, and then we set up a web survey, and I'll get 11 more on the details of the survey because it really made 12 a difference in the decision making. So when we put 13 dollar amounts on the projects the committee identified 14 $108,000,000.00 worth of projects that they felt that 15 needed to be completed for the District. The CFAC, the 16 second committee put the projects into priorities 1A and 17 1B and 2, and they wanted all the 1's and 2's to be 18 done. And that totals $96,000,000.00 worth of projects. 19 But that community survey that went out had -- was 20 expecting to get around 300 participants in the survey 21 in order for it to be considered valid. We got over 630 22 participants in the survey, and the feedback was very 23 interesting. We asked three questions. There were a 24 bunch of questions, but three questions that really made 25 this committee's decision a little bit -- a hard 19 1 decision a little bit easier. The first question was 2 would you support a bond election at $100,000,000.00, 3 and about 51 percent of the participants in the survey 4 said they would support that. Would you support a bond 5 campaign at $96,000,000.00, and about 62 percent of the 6 respondents said they would support that. But at 7 89,000,000 80 percent of the respondents said that they 8 would vote yes for a bond campaign. So that's a big 9 discrepancy between 96 and 89 from the community survey 10 that had twice the reliability responses that we 11 expected. Really drove that committees' decision and 12 they were not happy about it quite frankly. There was a 13 lot of push in the room to keep it at 96, but the 14 sentiment leaving that meeting going into the 15 presentation of the Board was, better to get a whole lot 16 of projects done for the school district at 89 million 17 than get none done trying for a 96 million dollar 18 campaign, so -- also, the tax implications to the 19 community were significant concern to the committee and 20 that was something that we discussed throughout that 21 process. 22 So the three major categories, and something 23 I would want to make sure that our County was aware of, 24 safety and security topped the list, and with all 25 transparency want to make this very clear. On both 20 1 committees it was the highest priority, but we're not 2 saying it was the most expensive or the greatest amount 3 of work. I want to be clear there. They identified 4 take care of these things first and when it came down to 5 the 96 or 89, they said pull all the safety issues into 6 the 89 to make sure we get that stuff done first, so it 7 was absolutely the highest priority. Aging 8 infrastructure just across the District with our campus 9 is ranging from 31 to 70 years old, and note that I'm 10 going to circle back to that 31 to 70 years old in a 11 couple of slides. And we've got issues with Code, with 12 ADA, and if you do a certain amount of work and 13 renovations then it triggers ADA code upgrade which gets 14 pretty expensive when you're talking district-wide. And 15 then finally that Hal Peterson Middle School for the 16 second committee was also a major decision point 17 overwhelmingly when they looked at the cost, and I want 18 to talk just for a second about that, between renovation 19 versus new. All the data that was pulled together 20 suggested that it was between 46 and 50 million to 21 renovate Hal Peterson Middle School. That would include 22 bringing all those out building under one roof, that 23 would include a new roof, new HVAC, there's significant 24 funding issues, electrical upgrades. I'd love to show 25 you a picture of the electrical panel, the building was 21 1 build in 1960, the panel looks like it was from 1950. 2 So there were significant issues, and that was before 3 they tore the walls up and found certain things that 4 they can't expect to find. So that 80 to 85 percent if 5 you average 48 million for renovation versus 59 million, 6 plus land, so it's just over 60 million for a new 7 campus. The committee overwhelmingly, it was all but 8 two people in the room, raised their hand for new versus 9 renovation. That was not an easy decision, it was well 10 thought out, but the data drove them in that direction. 11 So as I said District-wide improvement, 12 something at every single campus regarding safety and 13 security, and aging infrastructure, and there was 14 actually two new construction projects. One would be a 15 new Hal Peterson Middle School on a new site off of the 16 Loop across from Tivy High School, and the other is a 17 new Ag facility. If anyone's been out to our Ag 18 Facility it's a lean-to, it's not in great shape, it's 19 not safe. And they proposed -- the committee decided 20 between renovation and new that new would be better for 21 our kids. 22 So just a couple specifics. I'll go really 23 quickly through these slides. But we have one campus in 24 the District that has a controlled entry vestibule where 25 you walk in, there's a set of locked doors, and you have 22 1 to go through adult or another set of doors before you 2 can get to kids. That's Tally Elementary, one of our 3 newest campuses, our newest elementary. None of our 4 other campuses including Tivy, which was built about the 5 same time as Tally have controlled entry vestibules. In 6 fact Tivy you have to walk 50 to 100 yards before you 7 get to the front office or any adult. And so that's 8 something that we would like to rectify at all of our 9 campuses. Now, keep in mind Columbine was April 20th, 10 1999, and the last bond which was roughly 19 years ago 11 was December 1999, so a lot of the design work was 12 probably done for those two campuses, and it may be why 13 one got an entry vestibule and the other didn't. But 14 the rest of our campuses do not have those and it's a 15 really important part of these projects. Security 16 cameras, exterior lighting, lockdown hardware, which 17 includes our doors. Many of our doors have traditional 18 round handles which are not ADA compliant and you have 19 to step outside the door and lock them, they don't have 20 locks from the inside. So you got a crisis in the 21 building, a teacher has to open the door and lock the 22 door. The other thing we do to remediate that is put 23 lockdown magnets, which they keep the door from 24 latching, so you can just pull the round handle and open 25 it, but the teacher has to open the door and pull that 23 1 magnet off. We'd like to change that. If you can 2 imagine how expensive that is to do for every door in 3 the District, or most of the doors across the District, 4 it's another important change. 5 So aging infrastructure, roofs and HVAC's, 6 nothing fancy or exciting. No one gets really excited 7 about resolving drainage issues where water's running 8 into a building, or covers that are leaking 9 dramatically. 10 Technology infrastructure upgrade. We've 11 got one kind of cable, it's called multi-mode fiber. It 12 turns out that if we switch to single-mode fiber then 13 it's much other productive and future proof, but it'll 14 cost us several hundred thousand dollars to do that 15 across the district. So there's a lot there. 16 And then I mentioned the new construction 17 and I also mentioned the location of the new 18 construction. That would be purchasing property from 19 Schreiner University, which is across the street. The 20 District would be responsible for developing Olympic 21 Drive, our proportionality of it. We would really like 22 to see that connected up to Olympic on the back of the 23 hill or the top of the hill going back towards Daniels 24 Elementary so that our traffic doesn't just stop on the 25 Loop, but it actually can go two directions going back 24 1 into town using Olympic and Singing Winds. And we've 2 talked to the City about proportionality and how that 3 would work out, and that's a project that would be key 4 for development. 5 A very important question that we get 6 frequently, and I would want you to know, is what are 7 you going to do with the property on Sidney Baker, and 8 so a couple of different options like some other 9 properties in town, we could hold that and establish a 10 long term lease and allow a developer -- when I say long 11 term, a 30 or 40 year lease and allow a developer to 12 come in and develop that, that's one option. Another 13 option is we could sell that property outright. And if 14 we did that we've already had tremendous feedback from 15 the community of what they think should be done with 16 those proceeds and we want to honor and address that so 17 we've made the commitment that the first two million 18 dollars of proceeds, if we receive two million dollars 19 of proceeds on selling the land would go to pay down the 20 debt, and would basically be land for land. The cost 21 of land and land development, we would pay down the debt 22 on that land immediately or pay that portion off the 23 debt, and really we think that's the responsible thing 24 to do. Any remaining proceeds beyond that would go 25 towards funding additional projects. Remember we 25 1 identified the 108. The committee was really wanting 96 2 and we went with 89. They identified the first 1.19 3 million dollars worth of project that they'd like to see 4 done immediately, and so we've listed those on the 5 website so you can see that, and that's where those 6 proceeds would go. But any additional proceeds would go 7 towards capital projects. 8 COMMISSIONER BELEW: Okay, I have a 9 question, 10 DR. FOUST: Yes, Sir. 11 COMMISSIONER BELEW: Are you required by law 12 to do that, or are you just making a commitment to do 13 that? 14 DR. FOUST: Not required by law; just making 15 a commitment. 16 COMMISSIONER BELEW: To the public? 17 DR. FOUST: Yes, Sir. And I'll say this, 18 too. The idea is that we got that feedback and, you 19 know, we would hate for a bond election to fail based on 20 something that might happen three to five years from 21 now. But we're going to make that commitment and we're 22 going to place it on our website, and the same way that 23 we're trying to be open and transparent anything that we 24 say or do for this bond campaign we're going to post 25 publicly, and we're going to give regular monthly 26 1 updates on the bond campaign if it's successful in 2 November, and just stay on top of that over the next 3 three years. And the reason why is you want to do it 4 right and you want to do it openly and transparently 5 because there may be sometime in the future that you 6 come back to the community, so it's important. 7 So I'll hustle through. I'll tell you that 8 on the website, we have a page for each campus on what's 9 proposed. Each campus has a different set of projects 10 and we put them in those buckets so that safety and 11 security and aging infrastructure. I just want wanted 12 you to be aware that information is there for you and 13 anyone in the community to look at what the projects 14 are. It ranges between three and five million dollars 15 for each of the campuses, the projects, beyond the new 16 middle school and the new AG barn. So there's a little 17 bit of something for everything. 18 I will tell you in advance that Tally 19 Elementary is the newest elementary, it's in great shape 20 and it has the least number of projects. It doesn't 21 need a vestibule, so there's a significant amount of 22 money, so it has less than a million dollars worth of 23 projects. We have a website that's set up. Again 24 transparency is a key in this campaign and providing as 25 much information as we can to the community. 27 1 And so I mentioned earlier about tax 2 implications. You guys understand that we have M&O and 3 I&S side of the tax rate. We can't take out a mortgage 4 to build a new building; we have to go to the community 5 and request for approval of a bond. Our tax rate is 6 $1.18 and it has been for ten years. We are tapped out 7 on the M&O side, we're at a $1.04. Technically we could 8 go to the community and ask for additional pennies on 9 the maintenance and operation side, we can go to two 10 pennies, but we're a tax wealthy district like Hunt, but 11 at this time we're in a sweet spot and we don't send 12 money back to the state to be redistributed to other 13 communities. If we go beyond two pennies, if we go to a 14 dollar seven or dollar six and a half, then monies 15 would -- we would tax, but money would leave our 16 community and go back to the state and be redistributed. 17 I would never recommend that we do that as a school 18 district, so we keep it at the state maximum of a dollar 19 four, and then the 14 is I&S side, and I mentioned I&S 20 side and the age of our community. I want to show you 21 how we compared. The state average is a dollar thirty 22 for school district taxes, so that means there's some 23 higher, some lower. We're at a dollar 18. Higher than 24 Fredericksburg, but you guys probably know that 25 Fredericksburg's property value as a whole is probably 28 1 double than ours, if not double, so their pennies go a 2 little further than our pennies. Alamo Heights similar 3 situation, but they're a little bit higher than ours. 4 And I'll tell you I looked at the debt comparison chart 5 that's on one of our presentations on the CFAC website, 6 and we're in a great position with at this point roughly 7 14.4 million dollars worth of debt as a school district. 8 And many of our fast growing districts have well over a 9 hundred million dollars worth of debt. So we're in a 10 wonderful position there. 11 Look at Floresville at a dollar 44. They 12 have 40 cents in I&S, but they also don't have a 13 building that's older that the 1990's. So that 40 cents 14 has been forwarded to construction over the last 20 15 years or 30 years or so. That community has committed 16 to improving their facilities on a regular basis. So I 17 just make that comparison that they're so much higher 18 than us. 19 This bond initiative represents a six cent 20 increase, so we would move from a dollar 18 as a 21 community to a dollar 24 as a community. See where we 22 are on the chart compared to our neighbors in Ingram, 23 Marble Falls, which by the way also has a bond campaign 24 out right now for 55 million, they're going to voters in 25 November. 29 1 COMMISSIONER MOSER: What is Center Point? 2 DR. FOUST: I don't have that up there. 3 Center Point is considerably smaller than us in size so 4 their tax rate is going to be quite a bit lower. I 5 think they're at a dollar 9 overall, which means their 6 debt side has got to be -- 7 COMMISSIONER MOSER: And Ingram is smaller, 8 too, so -- 9 DR. FOUST: Yes, Sir, they are. They had a 10 recent bond campaign not too long ago. So I just wanted 11 to show that comparison, it's important, how would it 12 affect our taxpayers. At a dollar 24, according to 13 KERRCAD, $208,000.00 is the median home value and that's 14 after homestead, I believe. So for that taxpayer, that 15 average, it's 11 dollars per month increase. I tell 16 folks jokingly that's a half trip to Starbucks with my 17 teenagers. All kidding aside, we have a tax calculator 18 on the website, you can plug in your property value in 19 Kerr County if you live inside of Kerr ISD, and it'll 20 tell you what it is per year, it'll give you a yearly 21 calculation. That $11.00 is $133.00 a year for f the 22 average home value. 23 The other thing I would point out is that we 24 are -- tax increases are frozen for anyone who is 65 and 25 older, and they receive that exemption, so this increase 30 1 would not impact those taxpayers, it wouldn't increase 2 their taxes in anyway. 3 And I'll share with you, too, roughly 22 4 percent of KISD's levy is frozen on an annual basis at 5 some previous tax rate, so it's significant in our 6 community. You guys are well aware of that because 7 y'all build budgets. 8 I'll finish with the early voting October 9 9th, and we're doing something different this year that 10 I wanted to share with you. October 22nd to November 11 2nd is early voting and then Super Tuesday is November 12 6th. But there are four individual single day voting 13 sites. This hasn't been done before. We're grateful 14 for the County working with us on this. Tivy High 15 School be will be a one-day site on Tuesday the 23rd, 16 and Hal Peterson will be a one-day site on the 24th, and 17 the Nimitz and Starkey the following week, leading up to 18 the election date, formal election day. 19 Any questions I can answer for you all? 20 COMMISSIONER LETZ: Thank you. I appreciate 21 it. 22 COMMISSIONER BELEW: Well, I have one more 23 question. You said that you were talking about the 24 percentage of work change, and who monitors that? You 25 could have a change of the scope of work for example as 31 1 you build through? How are you going -- have you built 2 a pad in there to make sure you don't get passed that, 3 do you follow what I'm talking about? 4 DR. FOUST: I think so. So when they build 5 the -- there's two things that are built in the cost in 6 the bond, escalation costs between now and three years 7 from now when we complete all these projects, the cost 8 over time, inflation, and then contingency, and those 9 are built into this amount. Our goal is always to not 10 have to sell all the bonds and come in under budget and 11 on time. Our commitment is three years. We'd like to 12 get all the work done within three years. Some of it 13 like the vestibules if we're successful in November, we 14 expect those projects to be done before the school 15 year's out. But others will stretch out over time, 16 particularly new construction is at two to three years. 17 What we'd like to do is we can't ever go 18 beyond what we've been authorized to sell. And the 19 objective is always to come in early so we don't have to 20 sell. One thing I didn't say, we'd like to sell the 21 debt in three tranchées. The biggest is a 55 million 22 dollar tranche, which would be the first sell in January 23 of 2019. We receive the funds in February of 2019 and 24 begin work. And the reason why we broke it into three 25 groups, that was the best advantage, or the lowest tax 32 1 rate to our taxpayers. If we sold it all up on the 2 front end it would be a higher number of pennies 3 increase in tax, so we really tried to limit that tax 4 increase for our taxpayers. 5 But again, we want to set up a website if 6 successful in November to monitor the progress and give 7 monthly updates on the work as we go. 8 COMMISSIONER MOSER: Mark, you said that 80 9 percent of your budget is salaries -- 10 DR. FOUST: Yes, Sir. 11 COMMISSIONER MOSER: -- and benefits? What 12 percentage of that, of the 80 percent, what percentage 13 of that is administrative and non teachers? 14 DR. FOUST: I'm not sure. I don't know the 15 answer to that right off. I can research that and send 16 that to you, but I really don't know. 17 COMMISSIONER MOSER: All right. Just 18 curious. 19 DR. FOUST: I'll tell you the way the State 20 identifies administrative is very significant. We got 21 campus principals and assistant principals. Then you 22 got three assistant superintendents and one 23 superintendent at central office, but then you have a 24 number of directors in the District. So the vast 25 majority of the salaries and benefits are teachers, 33 1 there's 335. 2 COMMISSIONER MOSER: My question is just 3 teachers. Put everybody else in another bucket. 4 DR. FOUST: Yes, Sir. I'll break it out for 5 you and send it to you electronically. 6 Okay, I'm going to hand you guys and quick 7 fact sheet if you'd like it. 8 JUDGE POLLARD: Mr. Koenig, you're up. 9 MR. KOENIG: Good morning, Judge Pollard, 10 County Commissioners. I'd like to read a short 11 statement for the record in favor of the bond 12 initiative. 13 For many reasons the business community 14 supports a strong ISD in Kerrville. A strong school 15 system produces superior graduates in our local 16 workforce. Excellent schools attract topnotch companies 17 and professionals to relocate to our community. A 18 strong school district increases property values and 19 great schools add significant to the quality of life 20 that we all enjoy in our community. In short, great 21 schools are good for business. 22 The Kerrville Area Chamber of Commerce 23 recognizes that to maintain and to improve our school 24 district. We as a community need to invest to this, and 25 on 28 August, 2018 the Chamber's Board of Directors 34 1 unanimously voted to endorse the 2018 Kerrville ISD bond 2 initiative, and we encourage the community to vote to 3 approve this important initiative in November. The 4 Chamber Board carefully analyzed the details of this 5 initiative prior to making this endorsement. Both the 6 process undertaken by the KISD to develop the budget, 7 and the result in the bond initiative presents a 8 compelling business case for approval. 9 The Chamber applauds the Kerrville ISD for 10 the extensive, inclusive and transparent process that 11 was undertaken to develop the plan to bring our schools 12 up to the standard that our community deserves. 13 We appreciate your support, and thank you 14 for your attention. Thank you very much. 15 COMMISSIONER MOSER: Thanks, Walt. 16 JUDGE POLLARD: Okay, I appreciate it very 17 much. We go to item 1.2 on the agenda consider, discuss 18 and take appropriate action for the Court to set a 19 public hearing regarding the installation of a stop sign 20 on Johnson Dr. N. situated in Precinct 2. Kelly Hoffer. 21 MS. HOFFER: Hi. I also was at that 22 football game and watched that kick. Pretty 23 unbelievable. It was awesome. 24 On August 14th, 2018 we received a request 25 to install a yield, or a stop sign on Johnson Dr. N. in 35 1 Precinct 2. This is over by the airport. We had the 2 County Engineer take a look at this request. After the 3 Engineer's review he recommended a stop sign to be 4 installed at the southwestern portion of the loop on 5 Johnson Dr. N. 6 At this time I ask the Court to set a public 7 hearing regarding installation of a stop sign on Johnson 8 Dr. N. for Monday, October 22nd, 2018 at 9 a.m. And 9 this is in Precinct 2. 10 COMMISSIONER MOSER: Kelly, a question. Was 11 this a request from somebody in the community -- 12 MS. HOFFER: Yes. 13 COMMISSIONER MOSER: -- is that what you 14 said? Has there ever been an accident there? We can do 15 this as part of the public hearing. 16 MS. HOFFER: I have not heard of any 17 accidents. I mean that is something that our office 18 certainly can check. I think there's just been some 19 complaints of people coming around and nobody's 20 stopping. 21 COMMISSIONER MOSER: So we'll have a public 22 hearing? 23 MS. HOFFER: Yes, Sir. 24 COMMISSIONER MOSER: I move to accept the 25 recommendation by the head of Road & Bridge that we have 36 1 a public hearing -- 2 JUDGE POLLARD: On the 22nd at 9 a.m. 3 COMMISSIONER MOSER: Okay, at that time. 4 JUDGE POLLARD: All right, is there a 5 second? 6 COMMISSIONER BELEW: Second. 7 JUDGE POLLARD: Been moved by Commissioner 8 Precinct 2, seconded by Commissioner Precinct 1 to set a 9 public hearing for the purpose of installing a stop sign 10 on Johnson Dr. N. situated in Precinct 2. Set that 11 public hearing for November(sic) 22nd at 9 a.m. Is 12 there any further comment or discussion? 13 COMMISSIONER REEVES: I believe it's October 14 22nd, is it not? 15 MS. HOFFER: Yes, Sir. 16 JUDGE POLLARD: Was it October? 17 MS. HOFFER: Yes, Sir. 18 JUDGE POLLARD: All right. Then any further 19 discussion or comment on that motion? If not, those in 20 favor signify by raising their right hands. It's four 21 zero, unanimous. One abstention, myself. Thanks, 22 Kelly. 23 Item 1.3 discuss and take appropriate action 24 for the Court to approve Amendment No. 9, which is a 25 construction engineering services, and Amendment No. 10 37 1 (Construction Inspection Services) to the Agreement for 2 Engineering Services between Kerr County and Tetra Tech, 3 Inc. for Phase 2 of the East Kerr County/Center Point 4 Wastewater Project, situated in Precincts 2 and 3. 5 MR. HASTINGS: The attached Amendment No. 9 6 that's in your packet proposal is for Construction Phase 7 Engineering, which includes Tetra Tech services for 8 easement and design updates, bidding, pre-construction 9 meeting, handling pay applications, contractor 10 submittals, Request For Information, change orders, the 11 Operation and Maintenance manual, preparing plans of 12 record, and monthly site inspections and site/progress 13 meetings. 14 Also, included is Amendment No. 10, and that 15 proposal is for Construction Inspections, which includes 16 Tetra Tech services providing the said inspections for 17 the duration of the Phase 2 project. So we are talking 18 about Phase 2 of the East Kerr County Wastewater 19 Project. 20 And the County Engineer requests the Court 21 consider, discuss and take appropriate action to approve 22 Amendment No. 9, Construction Engineering Services, and 23 Amendment No. 10, Construction Inspection Services to 24 the Agreement for Engineering Services between Kerr 25 County and Tetra Tech, Inc. for Phase 2 of the East Kerr 38 1 County/Center Point Wastewater Project. This is 2 Precincts 2 and 3. 3 COMMISSIONER MOSER: Charlie, you showed it 4 in here, but just for the record all this amendments are 5 within the budget? 6 MR. HASTINGS: Yes, Sir. 7 COMMISSIONER MOSER: We made plans for that, 8 and it's all within the current contracts -- 9 MR. HASTINGS: Yes, Sir. 10 COMMISSIONER MOSER: -- with the existing 11 contractors? 12 MR. HASTINGS: No, not with the existing 13 contractors, but with existing approved project budget 14 with the Texas Water Development Board. We don't have a 15 contractor yet because we haven't -- we need to amend 16 the construction plans and then bid it. We don't have a 17 contractor on board for Phase 2. 18 COMMISSIONER MOSER: I'm talking about for 19 engineering services. That's all we're talking about 20 here -- 21 MR. HASTINGS: When I heard contractor -- 22 COMMISSIONER MOSER: No, no, no. Contractor 23 for engineering services. 24 MR. HASTINGS: That's correct, engineering 25 inspection. 39 1 COMMISSIONER MOSER: Okay. You answered my 2 question. I move for approval. 3 COMMISSIONER LETZ: Second. 4 JUDGE POLLARD: Who seconded? 5 COMMISSIONER LETZ: I did. 6 JUDGE POLLARD: All right, it was moved by 7 Commissioner Precinct 2, seconded by Commissioner 8 Precinct 3, item 1.3 on the agenda, and that is to 9 approve Amendment No. 9 for construction engineering 10 services, and Amendment No. 10 for construction 11 inspecting services to the agreement for engineering 12 services between Kerr County and Tetra Tech, Inc. for 13 Phase 2 of the East Kerr County/Center Point Wastewater 14 Project. Is there any further comment or discussion? 15 There being none, those in favor of the motion signify 16 by raising your right hands. It's four zero, unanimous. 17 One abstention, myself. 18 All right item 1.4 consider, discuss and 19 take appropriate action for the Court to set a public 20 hearing for 9 a.m. on October 22nd, 2018 for the 21 revision of plat for Horizon Section One, lots 36 and 37 22 of record in Volume 6, page 391 of the official public 23 records of Kerr County, Texas. This is situated in 24 Precinct 1. Mr. Hastings. 25 MR. HASTINGS: Thank you. This proposed 40 1 revision of plat combines lots 36, 7.6 acres, and 37, 2 6.55 acres into Lot 37R, 14.15 acres. This lot is in 3 the floodplain and must meet floodplain regulations. 4 The County Engineer requests the Court set a 5 public hearing for 9 a.m. on October 22nd, 2018 for the 6 revision of plat for Horizon Section One, Lots 36 and 7 37, Volume 6, page 391, Precinct 1. 8 COMMISSIONER BELEW: I move for the public 9 hearing for October 22nd at 9 a.m. for the revision of 10 the plat for Horizon Section One. 11 COMMISSIONER REEVES: Second. 12 JUDGE POLLARD: Been moved by Commissioner 13 Precinct 1, seconded by Commissioner Precinct 4 pursuant 14 to item 1.4 of the agenda, and that is to set a public 15 hearing for 9 a.m. on October 22nd, 2018 for the purpose 16 of revising a plat for Horizon Section One, Lots 36 and 17 37 of record in Volume 6, Page 391 of the official 18 public records of Kerr County, Texas. Is there any 19 further comment or discussion? There being none, those 20 if favor signify by raising your right hand. It's four 21 zero, unanimous. One abstention, myself. 22 Item 1.5 consider, discuss and take 23 appropriate action to surplus and transfer property. 24 Heather Stebbins. 25 MRS. STEBBINS: I'd like to pass on that 41 1 item. One of the items that I intended to include on 2 that belongs to IT, so I'll pass on that and come back 3 later when I'm ready. 4 JUDGE POLLARD: Okay, it's passed. 5 Item 1.6 consider, discuss and take 6 appropriate action to authorize a committee to create a 7 training program for supervisors. Heather Stebbins. 8 MRS. STEBBINS: This is something that I 9 talked for awhile with Dawn Lantz, and recently had a 10 conversation with Rusty, and think it would be a good 11 idea to create a program amongst county officials to 12 provide to elected, their supervisors under them, 13 supervisors under you guys, so that we have sort of a 14 orientation program, and can help connect all of our 15 supervisors and directors with services in the building 16 so people know what -- how their needs can be met, and 17 how to meet the public's needs most efficiently, and 18 request at this time to allow us to create a committee 19 to create this type of program, and include me, Dawn 20 Lantz, Rusty Hierholzer, Brenda Doss and Jonathan Letz. 21 COMMISSIONER MOSER: How about IT since 22 that's something that used by everybody? 23 MRS. STEBBINS: We can get input from IT and 24 Mr. Trolinger, but at this time I'd like to limit the 25 input on that community and creation of this plan to the 42 1 people I've indicated. We certainly will ask Trolinger 2 how to -- how best to train people on his part, and how 3 people can have access to him. I think that's 4 important. 5 COMMISSIONER MOSER: So who's the committee 6 again? 7 MRS. STEBBINS: Me, Rusty, Dawn HR, Brenda, 8 and then Jonathan Letz, or a Commissioner of your 9 choosing. 10 COMMISSIONER LETZ: I've talked -- I talked 11 to -- I've talked to Dawn about this, and I've talked to 12 Heather about this, and this is more of a big picture 13 idea, sort of, come back to the Court. But I think that 14 there's -- we do a poor job in the county of training. 15 I think we -- a lot of it needs to come with almost a 16 mission coming from the Court as to a philosophy, I 17 think, needs to be looked at. I think that there's 18 elected officials training probably needs to be done. A 19 little bit general as to how we work unique from other 20 counties. I think you need supervisors to report to the 21 Court, and then I think we need to encourage our 22 supervisors to have training for their departments. And 23 some sort of a -- figure out a frame work and how to do 24 this. I think TAC hopefully can be of assistance on 25 this. The idea at this point that I have anyway is come 43 1 in with a big picture to come back to the Court and get 2 feedback. 3 COMMISSIONER MOSER: I think that top level 4 is good. I was thinking about this when I saw it on the 5 agenda and I thought it was more specific for training 6 for supervisors. And that would depend on the 7 experience of the supervisors. So this is a level above 8 that. It's just that within this entity, this is the 9 way the policies how most effectively to work together, 10 okay, gotcha. 11 MRS. STEBBINS: Yes, Sir. 12 COMMISSIONER LETZ: I move for approval of 13 the agenda item formation of the committee as 14 recommended by the County Attorney. 15 COMMISSIONER BELEW: Second. 16 JUDGE POLLARD: Been moved by Commissioner 17 Precinct 3, seconded by Commissioner Precinct 1 to 18 approve item 1.6 on the agenda, and that is to create a 19 committee for training program for supervisors as 20 dictated and the members to be as dictated into the 21 record by the County Attorney. Any further comments? 22 COMMISSIONER LETZ: Judge, the only thing 23 I'd like to say is training for employees. I think that 24 needs to be broader than the supervisors. 25 JUDGE POLLARD: Okay. All right, any 44 1 further comments? If not -- 2 COMMISSIONER BELEW: I want to say 3 something. We have newly elected officials are trained 4 by TAC, but employees don't know what to expect after 5 that from the elected official. We hear it, we 6 internalize it, or we make our list of what we're going 7 to do and they don't -- they remain outside of that, 8 ignorant of whatever it is that we've been told and 9 taught, and this will be one way to make that 10 connection. They know that we're all accountable. 11 We're accountable, they're accountable, there's a 12 pecking order, and that we're not just some kind of 13 overlords or something. That's important to remember. 14 We're employees of all the people in County including 15 the people that work in courthouse. We're overseers; 16 not bosses. 17 COMMISSIONER LETZ: I agree. 18 COMMISSIONER BELEW: That's all. 19 JUDGE POLLARD: Any further comments? If 20 not, those in favor of the motion signify by raising 21 their right hands. It's four zero, unanimous. One 22 abstention, myself. 23 Item 1.7 consider, discuss and take 24 appropriate action to approve the proposed 911 budget 25 for the year 2019. Mr. Del Toro. 45 1 MR. DEL TORO: Good morning, Judge, 2 Commissioners. In accordance with Texas Health and 3 Safety Code 772, Subchapter D, I'm here to ask for your 4 consideration of our 2019 budget. Big key highlight of 5 the budget is the three letter word, that buzz word, 6 that starts with big capital T, tax. We have looked at 7 our current tax rate, which we are charging 50 cents a 8 month, and with added technologies we are looking for in 9 2019, we're going to raise that rate to 75 cent s a 10 month, so an additional three dollars per year. That 11 will help fund our transition into what we call going 12 into next generation 911. Currently our 911 13 connectivity we've been enjoying a ride on 1960's, early 14 70's technology principles coupled with 21st century 15 technology, and PUC mandated costs for our telephony 16 charges. With this next generation all that will go 17 away. 18 Also, you can see on the budget we have a 19 proposed revenue and balance budget of $458,000.00 for 20 this year. That's an increase of the $400,000.00 from 21 last year, and that does include the revenue increase 22 due to the tax rate. Payroll expenses, that has 23 increased only because health insurance rates have gone 24 up. We at the District felt that with this increase in 25 service fee rate that it wasn't prudent to increase the 46 1 salaries of the staff for this year, and so we're 2 holding fast on that. 3 COMMISSIONER BELEW: This is all new 4 equipment? 5 MR. DEL TORO: We are -- yes, it's all new 6 technology. We are looking upgrade the PSAP equipment 7 next year as well. 8 COMMISSIONER MOSER: What is PSAP? 9 MR. DEL TORO: Public safety answering 10 point. That is everything that encompasses what it 11 takes for the dispatch center to receive a 911 call. 12 COMMISSIONER MOSER: All right. Right now 13 that's the Police Department? 14 MR. DEL TORO: It's the Police Department 15 and the Sheriff's Department. 16 COMMISSIONER BELEW: Does any of the cost of 17 this include bandwidth because you got great equipment 18 and you need other services. 19 MR. DEL TORO: We're going to have to pull 20 additional circuits to San Antonio just to support this 21 new technology, and there's a big cost in that. 22 COMMISSIONER MOSER: So that's a service 23 rate increase of 50 percent? 24 MR. DEL TORO: Yes, Sir. That is ugly. 25 COMMISSIONER MOSER: That's big. 47 1 MR. DEL TORO: That's big. We ran the 2 numbers -- 3 COMMISSIONER MOSER: So what if you didn't 4 upgrade this? 5 MR. DEL TORO: If we did not up grade it, 6 we're looking at an approximate three to four year 7 period where our current what we call legacy 911, that's 8 going to be subsetted. AT&T owns that. They're 9 eventually going to be going that way, that's all 10 analog. 11 COMMISSIONER MOSER: And that's within three 12 years. 13 MR. DEL TORO: That's within three to four 14 years. We're going to start the process next year. 15 We're going to have to get the two systems up and 16 running next to each other. Once we have the IP enabled 17 network stable, we can drop the other, and then apply 18 those funds to continue with IP. 19 The big hope is in the 2019 legislative 20 session the Texas 911 Alliance is looking to get the 21 wireless service fee increase, and if that is -- if that 22 comes to fruition then we will once again look at our 23 service rate and if we can, we will lower it. 24 COMMISSIONER MOSER: So right now you don't 25 get service fees from wireless? 48 1 MR. DEL TORO: We do get them, but we have 2 no control over the rate. That all comes from the 3 State; we can only control the rate for the wire line 4 that's -- 5 COMMISSIONER MOSER: So does this budget 6 assume an increase, or no? 7 MR. DEL TORO: No, it does not assume a 8 wireless increase at all. 9 COMMISSIONER MOSER: Okay. So if you get 10 the increase then you can reduce -- 11 MR. DEL TORO: The 2020 budget, that's my 12 anticipation, I'm going to look. And we review it every 13 year as stated by law. 14 COMMISSIONER BELEW: What kind of redundancy 15 is in this, Mark? 16 MR. DEL TORO: This is what we call an ESI, 17 E-S-I, Net, Emergency Services Information network. We 18 will plug into a point of insertion in San Antonio. We 19 will have a -- that will be tied into a ring that 20 encompasses the entire State of Texas. Ideally, if our 21 call center gets severed off the network somehow, some 22 way, any call center in the State that is connected to 23 that ESI Net can pick up our calls. And then we have 24 had that problem in the past where we've been isolated. 25 COMMISSIONER MOSER: You guys have done a 49 1 fantastic job of managing, and budgeting, and the 2 facility. So nobody complains about the 911, so hats 3 off to you. 4 Question though, I think the thing that's 5 eye catching though is a 50 percent increase? 6 MR. DEL TORO: It is, and that is ugly, but 7 when you look at 50 percent that's 25 cents a month. 8 COMMISSIONER MOSER: Yeah, okay. I mean 9 percentage wise. 10 MR. DEL TORO: That's a trip to Red Box. 11 COMMISSIONER MOSER: People that -- you 12 know, it's not huge, but it's a big increase. 13 MR. DEL TORO: It is. 14 COMMISSIONER MOSER: And so my question 15 would be if you didn't do that you said three or four 16 years the analog system's going to go away. Can you 17 incrementally do this so you're not doing it all in fail 18 swoop, or is that crazy? 19 MR. DEL TORO: It would be crazy. 20 COMMISSIONER MOSER: That would be crazy? 21 MR. DEL TORO: That would be crazy. 22 COMMISSIONER MOSER: Okay. 23 MR. DEL TORO: And the reason I say that is 24 because with having the legacy network up and the IP 25 network there's still a lot of newness to the IP, and if 50 1 there's any instability, we know we have good old 2 faithful to back us up. 3 COMMISSIONER MOSER: It's such a critical 4 service. 5 COMMISSIONER BELEW: There no raises in 6 there. 7 MR. DEL TORO: Correct. 8 COMMISSIONER MOSER: Hu? 9 COMMISSIONER BELEW: There's no raises. 10 COMMISSIONER MOSER: Yeah, I heard that. I 11 was just talking about the percentage increase. 12 COMMISSIONER BELEW: I want to reiterate 13 that, it's important. 14 COMMISSIONER LETZ: This only goes to land 15 lines, correct? 16 MR. DEL TORO: Yeah. Land lines and VoIP. 17 COMMISSIONER LETZ: And how are the number 18 of land lines, what's the trend recently? 19 MR. DEL TORO: We're down. We're down, yes, 20 Sir. 21 COMMISSIONER LETZ: So to make up the money 22 you have to increase the rate because of the number 23 of -- 24 MR. DEL TORO: Right. We're counting on 25 VoIP that that has really risen. 51 1 COMMISSIONER LETZ: What is VoIP? 2 MR. DEL TORO: Voice over Internet Protocol. 3 It's a telephone -- telephone service over the internet. 4 And as Windstream and Hill Country Telephone Coop as 5 their circuits are dropping from residential business. 6 Those folks are in turn they're going to VoIP. 7 JUDGE POLLARD: All right, any further 8 questions of Mr. Del Toro? 9 COMMISSIONER LETZ: We accept your budget, 10 or just approve it? 11 MR. DEL TORO: Just approve it. 12 COMMISSIONER LETZ: Make a motion that we 13 approve the budget for 911 as presented for 2019. 14 COMMISSIONER REEVES: Second. 15 COMMISSIONER BELEW: Second. 16 JUDGE POLLARD: You second it, or Bob? All 17 right, pursuant to item 1.7 on the agenda Commissioner 18 Precinct 3 moved to approve that item, it was seconded 19 by Commissioner Precinct 4, and that is to approve the 20 the Kerr 911 budget for the year 2019 as presented in 21 the agenda package, and verbally from Mark Del Toro. Is 22 any further comment or discussion? 23 COMMISSIONER BELEW: It's an efficient 24 operation, and you guys are doing a good job. Thank 25 you. 52 1 MR. DEL TORO: Thank you. 2 COMMISSIONER BELEW: It's not their fault 3 when somebody cuts a line. 4 MR. DEL TORO: No, Sir. 5 COMMISSIONER MOSER: No. But they were 6 instrumental in getting redundancy -- helping get 7 redundancy, okay. 8 JUDGE POLLARD: All right, those in favor of 9 the motion signify by raising your right hand. It's 10 four zero, unanimous. One abstention, myself. Thank 11 you, Mr. Del Toro. 12 COMMISSIONER MOSER: Thanks, Mark. 13 JUDGE POLLARD: 1.8 consider, discuss and 14 take appropriate action on the request by Hill Country 15 Dispute Resolution Center(HCDRC) to renew contract with 16 Kerr County to provide mediation services in Kerr 17 County, and for funding. I don't see Mr. Reaves in the 18 crowd. 19 So in the agenda package is a presentation 20 letter from him dated August 27, 2018. Talks about how 21 many cases they've handled. I think he indicated that 22 the contract as submitted other than the dates is 23 identical to the contract last year, which means they 24 didn't ask for any more money, just the same sum as last 25 year. 53 1 COMMISSIONER MOSER: That was my only 2 question is it the same as last year. It is. 3 JUDGE POLLARD: Yeah. So the paragraph -- 4 there's one paragraph in here -- two paragraphs, that 5 during the year they mediated 99 Kerr County cases and 6 83 of those cases were settled in mediation for a 7 settlement rate of 84 percent. And they handled during 8 2016 also included 31 divorces, 36 suits affecting 9 parent-child relationships, 26 Child Protective Service 10 cases, 3 business cases, and 1 estate probate case, 1 11 personal injury case, and one bill of review case. I'd 12 like to comment that I've been active with them in the 13 past on their Board of Directors, and served as an 14 officer. This is a very valuable service that they're 15 rendering Kerr County, and it helps the district judges, 16 and all of the judges. In fact they've mediated cases 17 for J.P. courts, all of that, district courts. And it 18 takes -- gets all of those cases off the docket and 19 helps those crowded dockets for those courts. And 20 it's -- and I recommend it. 21 COMMISSIONER LETZ: And I agree. Money well 22 spent. And it frees up a lot of our court time. I move 23 for approval of the contract. 24 COMMISSIONER BELEW: Well, I have a 25 question. I spoke to Ed about this. I thought 54 1 everybody was volunteer so the money for -- 2 JUDGE POLLARD: Do what? 3 COMMISSIONER BELEW: He told me they were 4 volunteers, so is the money just to keep the lights on 5 and office space, or what? 6 JUDGE POLLARD: Yeah. They gotta pay rent, 7 they got a telephone, they got -- 8 COMMISSIONER BELEW: Administrative. 9 JUDGE POLLARD: Yeah, administrative 10 expenses. And they have two employees, and that's Ed as 11 the Administrator, and Hazel Hurt is the Girl Friday 12 over there, and they both mediate, too, by the way, a 13 lot. They have, I think it's over two hundred volunteer 14 mediators that they choose from. And all those 15 mediators do it free. 16 COMMISSIONER MOSER: I second the motion. 17 JUDGE POLLARD: All right, it's been moved 18 by who was it? Commissioner 3, seconded by Commissioner 19 Precinct 2, to approve item 1.8 on the agenda, and that 20 is to renew the contract with Kerr County with Hill 21 Country Dispute Resolution Center for the next year as 22 presented in the agenda package. Is there any further 23 comment or discussion? There being none, those in favor 24 of the motion signify by raising your right hands. It's 25 four zero, unanimous. One abstention, myself. 55 1 All right, let's to item 1.9 consider, 2 discuss and take appropriate action to approve request 3 for change order received from Kendnel Kasper for the 4 216th District Attorney's Office, the locker and storage 5 cabinets matters. Is Lucy Wilke here? Who would like 6 to address this issue, anybody know? 7 MS. FLORES: She's in court in Gillespie. 8 JUDGE POLLARD: I think I declared a 9 conflict on this last time because I have a 10 granddaughter that works for Kendnel Kasper, and I'll do 11 the same this time. I'm not voting on it, or comment. 12 COMMISSIONER BELEW: Is there anything you 13 want to tell us, Candice? 14 MS. FLORES: This is just adding storage. 15 We've moved into a smaller building, and it's to add 16 storage into our bathroom area. We have a lot of space 17 in there, so we can put cleaning products, and we have a 18 lot stuff on the floor, and the bathroom fronts up 19 against the wall right now. 20 COMMISSIONER MOSER: So this is after you 21 got in there to the new facility and you realize this 22 was a deficiency? 23 MS. FLORES: Yes, Sir. 24 COMMISSIONER MOSER: Move for approval. 25 COMMISSIONER BELEW: Second. 56 1 JUDGE POLLARD: Been moved by Commissioner 2 Precinct 2, seconded by Commissioner Precinct 1 to 3 approve item 1.9 of the agenda package and that is to 4 approve the request for change order received from 5 Kendnel Kasper for the 216th District Attorney's Office 6 having to do with lockers and storage cabinets. Is 7 there any further comment or discussion? 8 COMMISSIONER REEVES: Yes, Sir. Directed to 9 the Auditor, where are we on the amount of money that's 10 available versus what we've spent, what's left over? 11 MRS. DOSS: We still have quite a bit left. 12 What we were going to use all of the money that was in 13 the joint fund for Gillespie and Kerr County first, and 14 then if anything went over that they were going to pay 15 it out of their -- they have another account, a hot 16 check fund, I believe, Candice? 17 MS. FLORES: Yes, Ma'am. 18 MRS. DOSS: That the balance would be spent 19 out of that. And we still have a little bit left in the 20 funds that -- for Kerr County and Gillespie County. And 21 after that they will utilize the other fund. 22 COMMISSIONER REEVES: You said we got quite 23 a bit left, and a little bit left. In -- 24 MRS. DOSS: Oh, not quite a bit left; we 25 have a little bit left. 57 1 COMMISSIONER REEVES: In dollars and cents. 2 COMMISSIONER BELEW: It was about $2,000.00 3 as I recall. 4 COMMISSIONER REEVES: Is there enough money 5 in there to cover this? 6 MRS. DOSS: Yes, Sir. There is. 7 COMMISSIONER REEVES: Thank you. 8 COMMISSIONER MOSER: You got a ten o'clock 9 item 1.13. 10 JUDGE POLLARD: All right. Let's finish 11 this one, all right? 12 COMMISSIONER MOSER: Yeah, I made a motion. 13 JUDGE POLLARD: Hu? 14 COMMISSIONER MOSER: I made a motion. 15 COMMISSIONER BELEW: I'll second it. 16 JUDGE POLLARD: Commissioner Precinct 2 made 17 the motion, Precinct 1 seconded it. Is there any 18 further -- this is item 1.9 on the agenda package, and 19 that is to approve the change order from Kendnel Kasper 20 for the 216th District Attorney's locker and storage 21 cabinets changed on the contract. Is there any further 22 discussion? There being none, those in favor of the 23 motion signify by raising their right hands. It's four 24 zero, unanimous. One abstention, myself. 25 All right, there's a ten o'clock one. Item 58 1 1.13, this is a public hearing on the proposed Kerr 2 County and Lateral Roads 2018 tax rate. I declare the 3 public hearing open. Is there anyone wishing to speak 4 on this issue? Okay, there being no one, I declare the 5 public hearing closed. Is there another timed one? 6 COMMISSIONER LETZ: Let's take a quick 7 recess, Judge. 8 JUDGE POLLARD: No. It's not until 11. 9 COMMISSIONER MOSER: He wants a recess. 10 COMMISSIONER LETZ: Recess. 11 COMMISSIONER REEVES: Ten minutes. 12 COMMISSIONER LETZ: I don't want it; he 13 wants it. 14 COMMISSIONER MOSER: You seconded it? 15 COMMISSIONER LETZ: I seconded it. 16 JUDGE POLLARD: All right, ten minute 17 recess. 18 (Ten-minute recess.) 19 JUDGE POLLARD: Okay, we're back in session. 20 Item 1.10 consider, discuss and take appropriate action 21 on a policy regarding videotaping and recording of Kerr 22 County courtrooms. Mr. Letz. 23 COMMISSIONER LETZ: I put this on the agenda 24 basically because, I guess, comments, conversations that 25 have happened recently relating to questions of 59 1 recording our proceedings here, and went back looked at 2 the court records, we looked at it a year or so ago, but 3 we never really did anything about it. County 4 Attorney's looked at it a little bit further, and I 5 think we really need to have a policy as to what we do. 6 We probably -- and I said probably, because the County 7 Attorney is still looking into it, cannot prohibit a 8 recording in the courtroom, video tape recorder. And if 9 that's the case, so we can implement reasonable rules, I 10 guess you could say. And so in thinking of that, I also 11 talked with Mark McDaniels at the City about what they 12 do, you know, what their system is. And they have 13 software that does the whole thing, it's kind of an 14 integrated package that does their whole agenda 15 preparation, minutes, the whole thing. Parts of it they 16 like, parts of it they're -- I guess the voting part of 17 it doesn't work so well from what the City Manager said. 18 And anyway -- but there are systems out there. There's 19 kind of specifically designed for cities that would 20 probably work for us, but if there's one designed for 21 cities there's probably something designed out there for 22 counties as well. Anyway, I just think we need to look 23 at it, and put it on the agenda basically just to ask 24 the County Attorney to really look at this as to what 25 the requirements are so she can come back maybe at the 60 1 next meeting or meeting after that on the requirements. 2 And also -- Mr. Trolinger isn't here, but 3 either Commissioner Moser or Belew can get with Mr. 4 Trolinger and have him start looking at how to do it. 5 The system he had before they presented was basically 6 just using a phone. I think we need a little bit more 7 than that. I think maybe more of a system that we can 8 keep track of what we're -- you know, where we are on 9 the agenda, and search it, and things of that nature. 10 And so anyway that's why it's on the agenda to just kind 11 of get it back on the table. 12 COMMISSIONER BELEW: Was there any 13 discussion of price in your conversation? 14 COMMISSIONER LETZ: No. I didn't ask. I 15 figure that, you know, we can certainly determine that 16 or ask what it costs. But I think there's -- you know, 17 Mark McDaniel mentioned there's a number of vendors out 18 there that do this type of stuff, so that's why I think 19 let IT handle it. 20 COMMISSIONER MOSER: So in addition to the 21 video it helps them manage the agenda, is that what it 22 is? 23 COMMISSIONER LETZ: As I understand it over 24 there, yeah, it's all -- yeah, it's integrated. The 25 agenda is automatically uploaded to a website off of 61 1 that so it frees up -- in our case it would free up 2 Jody's time a little bit, so instead of scanning and 3 uploading, it will be, you know, Road and Bridge would 4 scan it directly up, you know, into the system. Then 5 there's a sign off maybe somewhere, probably the County 6 Judge, like he does now, would sign off on it before 7 everything is done. It's kind of all kept in there but 8 it's more of an integrated system. It keeps track of 9 the paper more. 10 COMMISSIONER MOSER: So that's kind of 11 independent of the video then? 12 COMMISSIONER LETZ: Part of it. 13 MRS. STEBBINS: If I could suggest that Mr. 14 Trolinger contact Charvy Tork, IT Director over at the 15 City. I think that this has all come into play since 16 she'd been the IT Director so she may be a helpful 17 resource, and at least checking out vendors. 18 COMMISSIONER BELEW: Can you add anything to 19 this, George? 20 COUNCILMAN BAROODY: Yeah, I'd like to add 21 one thing. So basically the way you described it is the 22 way I understand it to be. The big benefit to what 23 we're getting at the City, and Charvy will explain it 24 better, is the video aspect of it is it's free storage 25 of that video, so part of what you're paying for is -- 62 1 you're paying for a software thing, but the back end is 2 that video is stored for free by the company forever, 3 okay. But then the downside for me as a citizen trying 4 to search information is what we found is so you guys do 5 minutes, every word's typed and then stored in there. 6 We don't do that. And since now that we have this video 7 they're actually trimming our minutes back even further, 8 so if you're trying to look for somebody saying the word 9 George Baroody, if that's not in an agenda bill it 10 won't -- you won't find that; whereas, you got the 11 minutes being done word by word and you search for 12 George Baroody, you'll find that. So searching for 13 information in historical is more difficult. 14 COMMISSIONER MOSER: Under your system? 15 COUNCILMAN BAROODY: Under the system we 16 have now, because we have taken it -- taken a step back 17 on the minutes. So when you're looking at a system to 18 use just keep that in mind. It will help you with 19 minutes, and an index is the video, so if you go watch a 20 City Council meeting now you'll be watching the video 21 and you really only want to look at item 1.2, you click 22 on 1.2 on the agenda and it puts you to that point in 23 the video right then. So I mean there are a lot of good 24 things about it, just anyways. 25 COMMISSIONER REEVES: I would say that I 63 1 know maybe we need to visit with AACOG. They video and 2 live stream their Board of Directors meeting, their 3 committee meetings and everything, so maybe look at how 4 they're operating from that standpoint. And I know I 5 didn't spend a lot of time there, but at the conference 6 a couple weeks ago at the Trade Show in Austin they had 7 one vendor that pretty much a complete package of 8 information. 9 COMMISSIONER LETZ: So anyway my whole point 10 of putting it on the agenda, I think we need to figure 11 out a way -- what we have to do by law, and different -- 12 the best way to do it. 13 COMMISSIONER MOSER: Yeah. And if -- 14 assuming we have to do nothing else by law then the next 15 step would be would we want to change what we have now 16 or before we improve it. 17 COMMISSIONER BELEW: Well, let me say this 18 about what Councilman Baroody just said. If you're 19 going to do it at all, rather than just recording, and 20 logging them in by date; it would be good to jump in 21 with both feet and have it available to search by item 22 agenda, or by word search, or whatever, from the get go. 23 Because right now one of the things that we're doing in 24 the County is transferring old documents over so they 25 could be word searched, date searched, name searched, so 64 1 on. If we're going to do this then it should not just 2 be piecemeal or, you know, just enough to kick the ball. 3 We should really try to do it right. 4 COMMISSIONER MOSER: Well, we can do it now, 5 word search from the Court Reporter. 6 COMMISSIONER BELEW: Right. 7 COMMISSIONER MOSER: That works pretty 8 efficiently. 9 COMMISSIONER BELEW: They're going back 10 through and doing older documents that were just 11 scanned. You can look them up, Tom, but you can't -- 12 COMMISSIONER MOSER: But you're talking 13 about the County Clerk's now. 14 COMMISSIONER BELEW: Yeah, I'm talking about 15 all of our records. We're stewards of the records. 16 COMMISSIONER MOSER: We're talking about 17 Court proceedings now. 18 COMMISSIONER BELEW: I know, but we are 19 stewards for all records for the County. 20 COMMISSIONER MOSER: I understand. 21 COMMISSIONER LETZ: The other thing -- 22 COMMISSIONER MOSER: That's not what this 23 subject is. 24 COMMISSIONER LETZ: Even if we don't go with 25 the system, we need a policy because -- I thought we did 65 1 a policy, my memory tells me that. But in looking back 2 Jody can't find that we have one. But it came up with, 3 I believe with the Christmas lighting a year or two 4 years ago or something, and there was something -- a TV 5 station from San Antonio wanted to video in here and we 6 said no. And out of that -- I mean and I'm not sure we 7 can say no, so I think we need to know what our -- what 8 the exact rules are. 9 MRS. STEBBINS: I can tell you now that you 10 can't say no, but you can impose reasonable restrictions 11 for Commissioners' Court proceedings. You are not 12 required to record the proceedings, but if you do you're 13 required to maintain them in a particular way. And we 14 are looking now what reasonable restrictions are in 15 court proceedings, and what other similarly situated 16 counties do. So if y'all want to direct me to continue 17 that search, I can come back to you with something that 18 might be a good fit for y'all. 19 COMMISSIONER LETZ: That's really what I'm 20 looking at. And the other part of it is, and a lot of 21 this came out of the District Judges passed an edict 22 that there's no recording of any kind in their 23 courtrooms. And I don't know if the County Judge has 24 done that or not, but he may want to make it official, 25 and I don't know how. I mean I guess you can just pass 66 1 the edict in the juvenile and probate if you don't want 2 cameras, you can just do it. But I think we need to be 3 more clear -- 4 JUDGE POLLARD: Juveniles a different 5 matter. I can't -- they can't. 6 COMMISSIONER MOSER: So here's a two-part 7 thing. Number one make sure we're abiding by the law. 8 MRS. STEBBINS: The Open Meetings Act 9 specifically. 10 COMMISSIONER MOSER: Right. And the second 11 thing is, is for our record of what we're doing. So 12 almost -- maybe combined, but two separate things. 13 Okay, good enough. 14 JUDGE POLLARD: All right. So no action 15 required at this time? 16 COMMISSIONER LETZ: No. 17 JUDGE POLLARD: Let's go to item 1.11 18 consider, discuss and take action to clarify and modify 19 certain provisions of the Rabies and Animal Control 20 order, that's Court Order #28209. Commissioner Letz. 21 COMMISSIONER LETZ: As part of my last month 22 long negotiations with the City on the new Interlocal 23 Agreement, we both looked at our Court Order for rabies 24 control, and the city's ordinance. And what we -- 25 probably the most important thing we found was that our 67 1 Court Order dates back to 2003, and their ordinance 2 dates back to 1968. And I think that both parties agree 3 that, you know, in the near term maybe by using the new 4 committee that we've selected, both of them probably 5 need to be here. We need to make sure ours tracts state 6 law, but state law likely has changed in the last, you 7 know, 15 years. And the city -- really Mark McDaniel's, 8 pretty much, view was that they need to do a serious 9 look at their ordinance, because it has a lot of things 10 that are obsolete. 11 But we specifically went back -- there were 12 two provisions where there was a direct conflict between 13 the ordinance, or where one area was a conflict with our 14 current ordinance -- or City Ordinance and our court 15 order, and it relates to collars and cats. And our 16 policy has been -- well, our rules say that indirectly 17 that cats have to have collars because they have to have 18 rabies tags, and the rabies tags have to be affixed to 19 the collar. We don't say they have to have a collar; we 20 say they have to have a rabies tag and has to be affixed 21 to a collar, which implies that. The City will say that 22 they don't, and from visiting with Animal Services we 23 don't look for cats to have collars. So the first 24 change that I'm recommending is that we clarify our 25 Court Order from 2003, and basically in Section 2.1.3 68 1 rabies tags, delete the words "or cat", like 3 -- or 4, 2 which means dogs have to have the tag on their collar; 3 cats don't have to have the tag on their collar. 4 COMMISSIONER BELEW: Do the chips include 5 that information? 6 COMMISSIONER LETZ: We don't require chips; 7 we're silent on chips right now, and that's one of the 8 things we need to look at. 9 COMMISSIONER BELEW: But is that included in 10 the information, Reagan, if a cat has a chip does it say 11 they got a rabies shot? 12 MR. GIVENS: No. There may be something 13 available like that, but most of them, to my knowledge, 14 don't have that information. 15 COMMISSIONER MOSER: You have to have an 16 active chip; you have to re-program your animal. 17 COMMISSIONER LETZ: And the other change 18 looking at, and this is more of a policy to get our 19 rules current with our practice. Our current rules say 20 that you have to keep a stray or unrestrained, or 21 unknown animal, for 72 hours. That's our previous 22 Director -- two previous Directors ago changed that, and 23 we can find no record of that if it was done by the 24 Court or approved by the Court. So the second item 25 under section 4.3 Detention and Impoundment Authorized, 69 1 we're changing it from 72 to 48 hours, which is the 2 current practice. But we're adding also that a 3 reasonable effort shall be made to keep all 4 unrestrained, unknown or stray dog or cat impounded for 5 a period not less than 72 hours. So we're trying to 6 keep 72, but if we get to a point there is authority to 7 do something in 48 hours. 8 COMMISSIONER BELEW: And this needs to be 9 done by court order? 10 COMMISSIONER LETZ: Yes. We are basically 11 changing court order from 2003, which is 28209, and 12 amending it with these two changes. So I'll make a 13 motion that we amend court order 28209, and making the 14 two changes that I just presented, and that are in the 15 backup material. 16 COMMISSIONER BELEW: Second. 17 JUDGE POLLARD: Been moved by Commissioner 18 Precinct 3, seconded by Commissioner Precinct 1 to 19 approve item 1.11 of the agenda package, and that is to 20 modify Court Order Number 28209 in two respects as 21 dictated into the record by Commissioner Letz. Is there 22 any further discussion or comment? Yes. 23 COMMISSIONER LETZ: Mr. Baroody has a 24 comment. 25 JUDGE POLLARD: Mr. Baroody. 70 1 COUNCILMAN BAROODY: This is ultimately 2 going to come -- kind of to the City, so I've got just a 3 couple questions about that. So what you just described 4 were just two changes to the court order, one just about 5 the rabies tags, right? But my understanding that in 6 the original court order it also -- doesn't just talk 7 about tags, it talks about stray animals, and so in the 8 city's ordinance currently a stray cat by y'all's 9 definition, stray just means roaming free off the 10 property of the owner, I think, and in the City 11 Ordinance cats are allowed to do that. There's no such 12 thing really as a stray cat by y'all's definition in the 13 City's Ordinance, so that's still conflicting, I think. 14 And then the hours thing -- 15 COMMISSIONER LETZ: Let me get into that one 16 first. 17 COUNCILMAN BAROODY: Go ahead. 18 COMMISSIONER LETZ: We talked about that, 19 Mark and I talked about that at some length, and I've 20 talked with Reagan. And the issue -- our rules say you 21 have to restrain any animal, and restraint means keep it 22 on the property or -- and I don't think -- I don't 23 support, and Mr. -- and the City Manager was okay with 24 this, and Reagan doesn't support having a rule that says 25 any animal can run on someone else's property. 71 1 COUNCILMAN BAROODY: Right. 2 COMMISSIONER LETZ: I mean, I think if you 3 own an animal, a dog, cat, bird, whatever, you need to 4 control that animal. I don't want, you know, someone's 5 animals to go over to someone else's property and do 6 damage, so therefore we are -- but we discussed that 7 point and the City Manager was okay with it. 8 COUNCILMAN BAROODY: Right. So actually 9 that's all I'm clarifying is that the City Manager 10 basically said that the City is going to ignore their 11 ordinance on the book rather than change it first. 12 COMMISSIONER LETZ: You're ignoring your 13 entire ordinance under the new agreement. 14 COUNCILMAN BAROODY: He said that, but you 15 guys don't actually say that, right? 16 COMMISSIONER LETZ: We say that we're going 17 to enforce the County rules in the City; we're not going 18 to enforce the City Ordinance. 19 COUNCILMAN BAROODY: But to synchronize the 20 rules in what the City Manager has actually done is 21 negotiated away an ordinance that's on the books, right? 22 COMMISSIONER LETZ: Right. But we're not 23 going to enforce the City Ordinance. 24 COUNCILMAN BAROODY: Correct. And I get 25 that. You guys don't have to take ownership of that. 72 1 I'm just asking to make sure that the City Manager 2 actually gave away the ordinances that are on the books 3 in the City. Because ultimately I don't know that the 4 City Manager has the authority to do it simply because 5 by those same Texas Health Code Rules, I believe it says 6 that city ordinances on non rabies, so on roaming free 7 would be one of those. City ordinances will override 8 the County Ordinances in conflict, so if we've got an 9 ordinance on the books saying you can let a cat run free 10 in the City, I'm not sure you have the ability to pick 11 up that cat. 12 COMMISSIONER LETZ: I think when City 13 Council approves this it specifically says in one of the 14 items that the County is the only enforcing the County 15 rules as we've amended this now in the City, and there 16 may be an City rule out there, but we're not going to 17 enforce it. 18 COUNCILMAN BAROODY: Right. But you see 19 what I'm saying, we're not asking to enforce; we're 20 asking you not to usurp one. You see what I'm saying? 21 I mean do you understand on this particular one what I'm 22 talking about? 23 COMMISSIONER MOSER: I don't think we're 24 usurping it from the way I understand it. I think our 25 current Interlocal Agreement says we're not going to 73 1 enforce the City Ordinance. 2 COUNCILMAN BAROODY: You're not going to 3 enforce city rules, right, okay. So you're going to 4 enforce the county ordinance that you've got, okay, 5 great. The City rules says that I'm a pet owner in the 6 City, and I let my cat run -- by ordinance, I let my cat 7 roam around, he's not allowed to tear up somebody else's 8 yard, but he's allowed to be free unrestrained. By 9 coming in and enforcing the County Rules you're actually 10 taking away a -- 11 COMMISSIONER MOSER: We're tightening. 12 COUNCILMAN BAROODY: -- you're actually 13 taking away a right that I have right now in the City, 14 and so I'm not suggesting that you're right, or the 15 city's right on the ordinance; I'm just saying that it's 16 still in conflict, and the conflict is unresolved in the 17 sense that the citizens with the cat that's now running 18 a risk of getting it picked up. And I don't -- mostly I 19 just wanted to make sure that it's clear that the City 20 Manager acknowledge that with you, and so that I -- I 21 can take that up in discussion at City Council. 22 COMMISSIONER LETZ: I would say the answer 23 is that there is a clear meeting of the mind between the 24 City Manager and myself that we are enforcing our rules 25 in the City, and the City can do what they want with the 74 1 ordinance. I see what you're saying. It's a City 2 issue, y'all need to decide what you want to do. 3 COMMISSIONER MOSER: I'll tell you what to 4 like somebody's cat goes over next door on a different 5 property, Reagan goes out and picks up the cat because 6 it's on the wrong property and they come back to the 7 City and say, you know, why did they pick up my cat. 8 COMMISSIONER LETZ: We won't pick it up. 9 COMMISSIONER MOSER: But he could. He 10 could. 11 COUNCILMAN BAROODY: That's the thing, you 12 don't have to actually say much different than this. I 13 just want to make clear so that when I talk about it 14 with the City and he says I gotta go take it to the 15 County to talk about it, that you all understand that I 16 can't bring it to you, it has to be dealt with by the 17 City, like you said, and so just so long as everybody's 18 understanding that. 19 Okay, and the other one that you talked 20 about was the -- and this is -- this is still in 21 conflict now, so same deal that the hours thing, the 22 hold time hours. So again you guys can write whatever 23 you want for the County, but what you're writing is 24 still in conflict in the City, and so again I'm a pet 25 owner in the City. The City Ordinance says -- actually, 75 1 if it's a vaccinated animal they can still pick it up. 2 A vaccinated animal is picked up, the City actually by 3 ordinance never takes ownership of that animal. It 4 holds it for 72 hours minimum, and they never actually 5 takes ownership, they don't have that written in there; 6 on the non vaccinated they do. So just so that we're 7 clear, that's still in conflict, and the City Manager 8 did discuss that with you, right? 9 COUNCILMAN BAROODY: His version is 10 basically he is giving up the ordinances that are on the 11 books is what he's basically saying. 12 COMMISSIONER LETZ: And there's other 13 problems with the ordinance right now, too. There's a 14 bunch of problems right now, that's why I think he's -- 15 JUDGE POLLARD: That's all under discussion 16 right now, and -- 17 COMMISSIONER LETZ: I look at that's a City 18 issue. I mean the City, in my mind, and I think what 19 Councilman Baroody is saying makes sense, if they need 20 to -- Council needs to rescind their ordinance 21 basically. 22 COMMISSIONER BELEW: Should we wait on this 23 then? 24 COMMISSIONER LETZ: No. Because I think we 25 can sign it and send it over to the City and they can do 76 1 what they want. I mean I think the County Attorney may 2 want to look at it again. 3 JUDGE POLLARD: Does that mean the County 4 cats got a lot more freedom and rights than a City cat? 5 COUNCILMAN BAROODY: No; it's the other way 6 around. 7 COMMISSIONER MOSER: It's the other way 8 around. 9 COUNCILMAN BAROODY: What Commissioner Belew 10 is talking about what stands to likely to happen is that 11 the Council is going to take a lot of flack for 12 rescinding our ordinances just like that. And so my 13 guess -- I mean I can't speak for anybody else, but it's 14 likely that this won't pass this way because it 15 hasn't -- the conflict hasn't been negotiated away. 16 COMMISSIONER LETZ: Well, I can't -- we, the 17 Commissioner's Court can't negotiate an ordinance. Your 18 ordinance is also in conflict with our rules on your 19 whole fee structure's off and wrong. 20 COUNCILMAN BAROODY: Right, right. 21 COMMISSIONER LETZ: So I mean your ordinance 22 has -- and I don't mean you. I mean the City ordinance 23 is so old it has a lot of issues that need to be redone. 24 I agree that the City -- it would be a lot cleaner if 25 the City would just rescind that ordinance until a new 77 1 one is passed, or just to rescind it period and let the 2 County rules apply. 3 JUDGE POLLARD: Well, we can't tell them to 4 do that, that's up to them. 5 COUNCILMAN BAROODY: So what you're 6 suggesting is the City should change there's to match 7 the County's, and that's one way, or the County can 8 change there's to match the City's, that's one way, or 9 there could be some kind of in between, and we haven't 10 done either one of those. We've just basically -- 11 COMMISSIONER LETZ: We follow the state law. 12 MRS. STEBBINS: And there are different 13 interests in the City with the population -- I mean they 14 have restrictions on the number of animals you can have, 15 the types of animals you can have so they necessarily 16 have to have an ordinance in place to keep people from 17 putting cows in your backyard and having 16 dogs. So 18 they have to have that and they can't just rescind their 19 ordinance -- 20 COMMISSIONER LETZ: Well, we have no control 21 over their ordinance. 22 COUNCILMAN BAROODY: So I'll sit down and 23 I'll basically just say that we will take the discussion 24 up tonight. I'm hopeful that we'll do better than this. 25 So I'm good. 78 1 COMMISSIONER MOSER: I think we need to work 2 it so we don't have a conflict. 3 JUDGE POLLARD: I think so, too. 4 MRS. STEBBINS: I think there are two 5 different issues. One is to change our order to reflect 6 the 72 hours, and to delete the word "or cat", and then 7 we have the Interlocal Agreement which is what we'll -- 8 I think is what Mr. Baroody is trying to say that 9 Council may not enter into that agreement, or accept 10 this version of the agreement because of the conflicts 11 with their ordinance. 12 COMMISSIONER MOSER: And they may not accept 13 the 72 hours. 14 MRS. STEBBINS: The 72 hours is what it was 15 for a long, long time, and then I think just in-house 16 one of the former directors said we'll put 48 hours in 17 here instead of 72, because I think it worked well at 18 that time. 19 COMMISSIONER LETZ: We can't have -- it 20 doesn't work. We don't have the space for a 72-hour 21 hold, that's a fact. 22 MR. GIVENS: We have a lot of time where we 23 can keep animals for 72 hours, that's not necessarily a 24 problem. But to be held to that when we get into a 25 binding situation where we're overcrowded and we can't 79 1 get them out. That would result in -- having to keep 2 them 72 hours would result in animals being tied up 3 outside. There are just -- that may have been okay at 4 that particular point in time, but as we -- as the 5 population has grown, or you know, we can't hold animals 6 72 hours all of the time. 7 COMMISSIONER LETZ: So I mean there were two 8 different issues. This, the revisions to the 2003 court 9 order -- 10 MRS. STEBBINS: That's what you're voting on 11 now. 12 COMMISSIONER LETZ: Yeah, that's all that's 13 on the agenda right now. The next item we can decide if 14 we we want to send that over -- the agreement over to 15 the City or not. I'll make a motion -- I did make a 16 motion. 17 JUDGE POLLARD: There's a motion on the 18 floor. 19 COMMISSIONER BELEW: And I seconded it, I 20 think. 21 JUDGE POLLARD: I think you did. 22 COMMISSIONER MOSER: Okay, so Reagan is 23 saying reducing from 72 to 48 is necessary based on the 24 capabilities of the County to adhere to that. 25 COMMISSIONER LETZ: And our current policy, 80 1 and it's been that way for a long time. 2 COMMISSIONER BELEW: That's the practice 3 we're putting in the policy. 4 COMMISSIONER LETZ: Right. 5 MRS. STEBBINS: And you're permitted to do 6 it under state law. 7 COMMISSIONER LETZ: Right. 8 JUDGE POLLARD: Any further comments on the 9 motion? If not, those in favor of the motion signify by 10 raising your right hand. It's four zero, unanimous. 11 One abstention, myself. Oh gosh. The great cat 12 controversy. 13 All right, item 1.12 consider, discuss and 14 take appropriate action regarding Interlocal Agreement 15 with the City of Kerrville for the Provision of Animal 16 Control Services and Services of the Butt Holdsworth 17 Memorial Library (Court Order #36909), rescind original 18 Interlocal Agreement (Court Order #36460) and rescind 19 proposed 1st Amendment (Court Order #36876). 20 Commissioner Letz. 21 COMMISSIONER LETZ: Well, the City Manager 22 and I have come up with an agreement that seems to work, 23 but it is silent on the ordinance that Commissioner 24 Belew -- Councilman Baroody brought up. 25 COMMISSIONER BELEW: He's the most hated man 81 1 in Kerrville, I'm the second so don't get us confused. 2 JUDGE POLLARD: I don't believe that, either 3 one of you. 4 COMMISSIONER BELEW: Oh, that's true. 5 COMMISSIONER LETZ: What is happening in 6 thia agreement, I mean we can all read it and we can 7 either do something, or pass, either way, it makes no 8 difference to me. It is basically saying we're going to 9 operate the animal facility as we see fit, we're going 10 to be staffed seven days a week, and we'll have certain 11 operating hours that are open to the public that we'll 12 determine. Both of those items were determined. The 13 only thing we're saying that we have to do is we have to 14 be staffed seven days a week, and we are doing that. 15 The other thing refers to the item 3.A.iii 16 is what we just really talked about, is that the County 17 shall serve as the Local Rabies Control Authority for 18 the City, pursuant to Section 826.107 of the Texas 19 Health and Safety Code. The Parties agree that the 20 County's August 11th, 2003 court order 28209 as amended 21 September 10th, 2018 regarding Animal Regulations of the 22 Kerr County Commissioners' Court attached hereto shall 23 apply within jurisdictional areas of the City. It 24 doesn't -- it's silent on their ordinance; it just says 25 this is what's going to be enforced, and they may view 82 1 that this takes care of that, that's a City issue, you 2 know. 3 Other than that it's pretty much -- it's -- 4 some of the language that's kind of just directive-type 5 is in here for Animal Services and for the Library, and 6 let both entities operate their own facilities the way 7 they want, you know. I'm ready to send it back over to 8 the City. The City has been working on this, it hasn't 9 been written by me. I received this late Friday or 10 Friday evening from the City Manager. The only change I 11 had added was adding in the change related to modifying 12 the 2003 court order. 13 COMMISSIONER MOSER: Well, I think at the 30 14 thousand foot level it says City provide the Library and 15 they operate that, we provide Animal Control Services, 16 and we operate that. And there's no funds exchanged. 17 COMMISSIONER LETZ: No funds are exchanged. 18 And there's a -- you know, we are doing additional 19 things in the City that we're not doing in the County. 20 COMMISSIONER MOSER: Right. And they give 21 us at the top level what they do with the library. So I 22 like it. 23 COMMISSIONER LETZ: So the agreement's good. 24 It doesn't resolve the ordinance issue. 25 COMMISSIONER MOSER: Right, right precisely. 83 1 COMMISSIONER LETZ: So we can either -- you 2 know, my view is to send it over to the City and let the 3 City work with it. I'll make a motion to approve the 4 Interlocal Agreement related to Animal Services and the 5 Butt Holdsworth Library as presented today. 6 COMMISSIONER MOSER: And I second. 7 JUDGE POLLARD: All right, it's been moved 8 by Commissioner Precinct 3, seconded by Commissioner 9 Precinct 2 pursuant to Article 1.12 of the agenda 10 package, and to approve the proposed amendment to 11 several court orders as submitted in the agenda package, 12 and a copy everyone has it right here, so without going 13 -- I'm not going to try to read this. But is there any 14 further comment or discussion about that motion? 15 COMMISSIONER LETZ: Just a comment that it 16 does rescind the Court Order as cited in the agenda 17 bill. 18 JUDGE POLLARD: Okay. No further comment or 19 discussions? Those in favor of the motion signify by 20 raising your right hands. Those opposed like sign, 21 none. It passes four zero. One abstention, myself. 22 All right, that settles for now, at least the first of 23 the great cat controversy. 24 So let's go to item 1.14 consider, discuss 25 and take appropriate action on requests from appointed 84 1 and elected officials to appoint clerks and assistants 2 to their offices pursuant to the Local Government Code 3 Chapter 151. 4 If you will look in your agenda package you 5 will see requests from, I counted them, 20 departments 6 asking for authority pursuant to this statute to appoint 7 their -- the people that work for them in their 8 departments. And it's required by the Statute that we 9 do it every year, and so -- 10 COMMISSIONER MOSER: Do you recommend this? 11 JUDGE POLLARD: Yes, I do. I recommend 12 complying with the law, heck ya. What else would I 13 have? You bet. Okay, is there any question or comment 14 about it? 15 COMMISSIONER MOSER: I'd move -- 16 JUDGE POLLARD: Those in favor of the 17 motion -- 18 COMMISSIONER LETZ: We don't have one yet. 19 COMMISSIONER MOSER: I move that we approve 20 the request from the appointed and elected officials to 21 appoint clerks and assistants for their offices pursuant 22 to Local Government Code Chapter 151. 23 COMMISSIONER LETZ: Second. 24 JUDGE POLLARD: All right, it's been moved 25 by Commissioner Precinct 2, seconded by Commissioner 85 1 Precinct 3 to approve the item on the agenda to -- let's 2 see, it was item what? 3 COMMISSIONER MOSER: 1.14. 4 JUDGE POLLARD: 1.14. To appoint various 5 assistants for various department heads, 20 of them that 6 have letters requesting authority for that in the agenda 7 package, and this is all pursuant to Section 151 of the 8 Local Government Code, and it's required by that. So 9 any further comment or discussion? If not, those in 10 favor of the motion signify by raising their right 11 hands. It's four zero, unanimous. One abstention, 12 myself. 13 Item 1.15 consider, discuss and take 14 appropriate action to authorize adding Human Resources 15 Liaison as an additional TAC Pool Coordinator. 16 Commissioner Letz. 17 COMMISSIONER LETZ: I put this on the agenda 18 because as our current HR Director will be moving at 19 some point to a new position, and we have to have a 20 coordinator. Depending on how we do the hiring and all 21 the others, and it's just to add myself as a contact for 22 TAC so that I'd be the contact person, and hopefully 23 when we get a new person in the office then we would go 24 back to that person. 25 COMMISSIONER BELEW: An Interim. 86 1 COMMISSIONER LETZ: It's kind of an interim 2 deal, and we have to have someone in there, and this way 3 Dawn can educate me a little bit about what this stuff 4 is until a new person is put in that office full-time. 5 COMMISSIONER MOSER: I don't have any 6 objections, but is this better than having Cindy do the 7 alternate? 8 COMMISSIONER REEVES: A lot of it deals with 9 the actual claims and financial part, and this way 10 somebody on the Court would have the knowledge. 11 COMMISSIONER LETZ: I think, you know -- I 12 mean the idea is I think you still work with Brenda and 13 Cindy, and Dawn about them, but it's just kind of a 14 point person. TAC only talks to one person that they're 15 designated to talk to. It involves lawsuits, involves 16 everything we do with TAC. 17 COMMISSIONER MOSER: But my question is why 18 would it not be better to have somebody in HR be that 19 person like Dawn is, rather than a Commissioner? I 20 don't have any objection; I'm just curious. 21 COMMISSIONER LETZ: Mainly just Heather -- 22 not Heather. Dawn and I were talking about it and she 23 said it would be a good idea to get you up doing this, 24 so -- 25 COMMISSIONER REEVES: Typically a lot of the 87 1 insurance isn't funneled through HR anyway, because this 2 includes property insurance as well. 3 MRS. STEBBINS: If I may add that this would 4 really benefit in that Commissioners -- someone on 5 Commissioners' Court would know how this process works, 6 and Commissioners' Court is the supervisor of that 7 position. I think this would really help the Court 8 understand all the things that that office does. If you 9 have one of the Liaisons on the Court being that go-to 10 person for TAC. 11 COMMISSIONER LETZ: But it's training. 12 MRS. STEBBINS: Uh-huh. 13 COMMISSIONER MOSER: Okay. So if Dawn goes 14 away, and there's a new HR person and that HR person 15 would be back in there, is that the idea? 16 COMMISSIONER LETZ: Yeah, I think so. 17 COMMISSIONER MOSER: Well, so -- 18 MRS. LANTZ: I'm still going to get 19 everything and still proceed to do everything. It's 20 just bringing Commissioner Letz up to speed as far as 21 what all of is entailed in that position. The County 22 Judge also gets all the contracts, so Judge Pollard 23 still gets a lot of the information. 24 COMMISSIONER MOSER: So it's an interim 25 thing. 88 1 COMMISSIONER LETZ: Okay. I'll move the 2 agenda item. 3 COMMISSIONER BELEW: Second. 4 JUDGE POLLARD: Been moved by Commissioner 5 Precinct 3, seconded by Commissioner Precinct 1 to 6 approve item 1.15 and that is to add the Human Resources 7 Liaison, i.e. Commissioner Letz, as an additional TAC 8 Coordinator for purposes of handling the transition into 9 a new HR Department Head. Is there any further comment 10 or discussion? 11 COMMISSIONER REEVES: I think there is. 12 SHERIFF HIERHOLZER: And the only thing I'd 13 ask, and Dawn may have answered it, she's still through 14 this entire period until we get another HR person she's 15 still going to be handling a lot of the day-to-day, 16 because a lot of it's time sensitive that we get, 17 whether it be an unemployment claim, or workers comp 18 claim, or whatever, those are very time sensitive that 19 Dawn does great in getting those out immediately, and 20 don't want to see a lapse. 21 COMMISSIONER LETZ: She's not going 22 anywhere. 23 SHERIFF HIERHOLZER: But if you're out of 24 town, I don't want to see a lapse in that. 25 COMMISSIONER MOSER: Good point. 89 1 JUDGE POLLARD: By the wording of the motion 2 it's clear that it's a temporary thing, and goes away 3 after the other HR Coordinator gets this, is employed. 4 All right, is there any further discussion on it? Those 5 in favor of the motion signify by raising their right 6 hand. It's four zero, unanimous. One abstention, 7 myself. 8 Item 1.16 consider, discuss and take 9 appropriate action to approve Memorandum of 10 Understanding (MOU) between Kerr County and the Hill 11 Country Council on Alcohol and Drug Abuse, Region 8, and 12 allow the County Judge to sign same. 13 If you'll check into your agenda package 14 this is a renewal, it happens every year. 15 COMMISSIONER LETZ: Move for approval. 16 JUDGE POLLARD: Is there a second? 17 COMMISSIONER MOSER: I'll second. 18 COMMISSIONER BELEW: I'll second. 19 COMMISSIONER MOSER: You go ahead. 20 COMMISSIONER BELEW: You go ahead. 21 JUDGE POLLARD: Which one is it? 22 COMMISSIONER MOSER: Me. 23 JUDGE POLLARD: All right, seconded by 24 Commissioner Precinct 2 to approve item 1.16 of the 25 agenda package, and that is to renew the Memorandum of 90 1 Understanding between Kerr County and Hill Country 2 Council on Alcohol and Drug Abuse in Region 8, and allow 3 the County Judge to sign same. Is there any further 4 comment or discussion? There being none, those in favor 5 of the motion signify by raising your right hands. It's 6 four zero, unanimous. One abstention, myself. 7 Item 1.17 consider, discuss and take 8 appropriate action to approve Kerr County Safety 9 Resolution dated September 10, 2018 for fiscal year 10 2018-2019, and have same signed by the County Judge and 11 the Commissioners' Court. Dawn Lantz. 12 MRS. LANTZ: Good morning, Judge, 13 Commissioners. This is a Resolution I bring before the 14 Court every year on our safety policy that we do have 15 with TAC so this is just renewing it for the upcoming 16 fiscal year. 17 COMMISSIONER REEVES: Motion to approve as 18 presented by the HR Director. 19 COMMISSIONER LETZ: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Precinct 4, seconded by Commissioner Precinct 3 to 22 approve the Kerr County Safety Resolution dated 23 September 10, 2018 for the fiscal year 2018-2019, and to 24 be signed by the County Judge and the Commissioners' 25 Court. Is there any further comment or discussion? 91 1 COMMISSIONER BELEW: Is this the same thing 2 you just got an award for? 3 MRS. LANTZ: Yes. 4 COMMISSIONER BELEW: Okay, that's what I 5 thought. 6 JUDGE POLLARD: Those in favor of the motion 7 signify by raising your right hands. It's four zero, 8 unanimous. One abstention, myself. 9 Item 1.18 consider, discuss and take 10 appropriate action to approve a Memorandum of 11 Understanding between Methodist Healthcare System of San 12 Antonio, Ltd. -- Limited Liability Partnership through 13 its SANE, S-A-N-E, Program and Kerr County Sheriff's 14 Office. 15 SHERIFF HIERHOLZER: SANE stands for Sexual 16 Assault Nurse Examiner, and what that is -- 17 JUDGE POLLARD: I thought he was talking 18 about the Sheriff was sane? 19 SHERIFF HIERHOLZER: No; that's insane. 20 There's a difference there, Judge. 21 JUDGE POLLARD: Okay, go ahead. 22 SHERIFF HIERHOLZER: There is a program here 23 at Sid Peterson Memorial that does do that for us 99 24 percent of the time, but once in a while they don't have 25 a nurse on duty that is trained. These are specially 92 1 trained nurses to be able to do these exams so that the 2 Court accepts them and everything. And that's those 3 times we have to transport those people immediately to 4 San Antonio and have that exam done. It's all a time 5 sensitive deal. We've had that happen a couple times 6 lately so Methodist Hospital in San Antonio is the one 7 that does those type of exams on adults, so they sent us 8 this MOU that they would like to have with us. It's 9 been reviewed by the County Attorney, and approved by 10 there. 11 The fee structure you see in it is a fee 12 structure that is exactly the same as your 13 reimbursements we get from the Attorney General's 14 Office, the crime victims stuff and everything, so it's 15 not like it's an outrageous fee amount. It's what is 16 allowed and what is charged for claims, the same as Sid 17 Peter charges. 18 COMMISSIONER MOSER: And we're reimbursed. 19 SHERIFF HIERHOLZER: And then we're 20 reimbursed. And I recommend you approve it just so we 21 have it. We may end up getting another one from Santa 22 Rosa Hospital in San Antonio later, there the ones that 23 do kids, minors. 24 COMMISSIONER BELEW: Well, I move that we 25 approve the MOU with Methodist Healthcare System of San 93 1 Antonio through the SANE Program and the Kerr County 2 Sheriff's Office. 3 COMMISSIONER MOSER: Second. 4 COMMISSIONER REEVES: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Precinct 1, seconded by Commissioner Precinct 2 to 7 approve item 1.18 of the agenda package, and that is to 8 approve a Memorandum of Understanding between Methodist 9 Healthcare System of San Antonio through its SANE 10 Program with the Kerr County Sheriffs Office. Is there 11 any further comment or discussion? If not, those in 12 favor of the motion signify by raising your right hands. 13 It's four zero, unanimous. One abstention, myself. 14 Item 1.19 consider, discuss and take 15 appropriate action regarding policy for connecting to 16 the East Kerr/Center Point Wastewater Project. 17 Commissioner Moser. 18 COMMISSIONER MOSER: Thank you, Judge. Our 19 current policy says that anybody within the area of 20 where the project is that is one acre or less, and is 21 within 100 feet of the sewer lines, must connect. I 22 think that's been good. We've had a lot of connections 23 that way, people are adhering to it. There is an issue 24 though where somebody -- and we pay for most of the 25 connections through grants and through Colonia activity. 94 1 But there's arisen an issue where a person cannot afford 2 the monthly charge. We've just ballparked 55 dollars a 3 month. Literally cannot do it. So we can enforce and 4 make them do it. If they're provided water by some 5 other water provider, okay, we can have an agreement 6 with them so they'll turn off their water if they don't 7 pay their bill. If this person literally can't afford 8 it, and the Court is taking the action to deprive them 9 of water and deprive them of sewer service, so it seems 10 to me like any policy or anything, and I'll ask the 11 County Attorney this, is for us to modify our policy so 12 we can have grant variances to that policy on a case by 13 case basis where somebody cannot -- 14 MRS. STEBBINS: This is your policy, and I 15 would touch base with Katie because the policy needs to 16 be one that will not interfere with the county's ability 17 to receive the grant funds. 18 COMMISSIONER MOSER: Right. 19 MRS. STEBBINS: I know that Katie was 20 willing to -- I guess check with some people about how 21 the one specific incident where someone who cannot 22 afford services could -- how things could be changed and 23 modified in order to help that person out specifically. 24 And I would -- I would talk to Katie. 25 COMMISSIONER MOSER: Yeah, but -- I agree 95 1 with you. I want to separate the variables here. 2 Getting funding from some other source is a different 3 issue. If we cannot get funding from another source 4 then we still have a problem, so I want to address it 5 like that's the case. 6 COMMISSIONER BELEW: That's like an 7 exception. 8 COMMISSIONER MOSER: Yeah, like an 9 exemption, like a variance. Like city ordinances and -- 10 JUDGE POLLARD: A waiver. 11 COMMISSIONER BELEW: A waiver. 12 COMMISSIONER MOSER: A waiver. A waiver or 13 variance, whatever the terminology is. So if it's our 14 policy why could we not have a waiver like that? 15 MRS. STEBBINS: Like indigent? 16 COMMISSIONER MOSER: Yeah. 17 MRS. STEBBINS: I -- I don't know. 18 COMMISSIONER LETZ: I would be -- 19 COMMISSIONER BELEW: Would you have to set 20 up a Means Test to do that? 21 COMMISSIONER MOSER: There would have to be. 22 So my next step would be if we were to do something like 23 that we oughta have a committee that looks at this like 24 the County Attorney, the County Auditor, whoever's 25 precinct it's in, okay. Look at that based on what 96 1 their inability to meet with our policy. And I think 2 the case that we have, I don't want to mention any 3 names, it's a real, real case. 4 COMMISSIONER LETZ: The real person though 5 if their septic has a problem, what do they do? 6 COMMISSIONER MOSER: I don't know. Then 7 they're in violation of another issue. 8 COMMISSIONER LETZ: I've had a lot of people 9 ask for waivers, and I've said no carte blanche 10 regardless of the reason, and I understand this 11 situation is, we've been told, it's dire. I mean I 12 presume that -- 13 COMMISSIONER MOSER: Right, right. 14 COMMISSIONER LETZ: But I mean you know I'm 15 against doing a waiver -- the only way I would go is 16 maybe have some really strict policy -- 17 COMMISSIONER MOSER: Right. 18 COMMISSIONER LETZ: -- on income. And 19 there's no -- yes, no. I don't want it subjective. 20 It's gotta be this person makes less than $500.00 a 21 month, or whatever the amount, and they can prove that. 22 COMMISSIONER MOSER: Right. I think -- and 23 I'm on the same waive length as you are, but I think we 24 need to have a way for somebody like that to meet the 25 criteria like that we set it up that we can exempt them 97 1 from having to hook up, because this -- this case that's 2 on the table now it's -- 3 JUDGE POLLARD: Well, is this a particular 4 client, we'll call it, in your precinct? 5 COMMISSIONER MOSER: Yeah. 6 JUDGE POLLARD: Okay. How about if you be 7 the committee. You're the guy. 8 COMMISSIONER MOSER: Well, no. I would like 9 to -- 10 JUDGE POLLARD: Commissioner of Precinct 2 11 is the one that has to go through the vetting process. 12 COMMISSIONER MOSER: Well, and that's fine. 13 A while ago I said we need to have the ability to weigh, 14 and number 2 there needs to be a criteria or committee 15 by with which to make a recommendation for a waiver. 16 JUDGE POLLARD: Just you. 17 COMMISSIONER MOSER: And it oughta be 18 whoever's Precinct it is, and probably the Auditor 19 and -- 20 COMMISSIONER LETZ: I don't think a policy, 21 but it's black and white, and this has to get approval 22 of Water Development Board and EDAP, because we're 23 getting money to hook these people -- this specific type 24 person hooked up. 25 COMMISSIONER MOSER: Right. 98 1 MRS. STEBBINS: I don't think you can 2 separate the variables because of that. Because of 3 that, I don't think you can separate them. I don't 4 think you can separate the funding and the approval from 5 all of the other places that are giving the money. 6 COMMISSIONER MOSER: Let's see if we can. I 7 don't know what we're going to do with this case to tell 8 you the truth. I'm not about to go advocate turning off 9 this person's water, okay? 10 COMMISSIONER BELEW: No. But there are 11 organizations, Tom, that will help. 12 COMMISSIONER MOSER: A separate subject. 13 COMMISSIONER BELEW: Well, it gets paid. 14 COMMISSIONER MOSER: But if you can't. 15 COMMISSIONER BELEW: If you can't, no, I 16 agree. You've hoisted a bill on somebody that didn't 17 ask for, I get that. They are getting a service for it 18 but they didn't ask for it, they were fine without it. 19 Now, they're $55.00 a month short. So they're going to 20 lose something that they had already and didn't have any 21 expense for it. But there are organizations in town 22 that will help pay for them. 23 COMMISSIONER MOSER: I understand that, and 24 that's a good point, but -- 25 COMMISSIONER BELEW: But you're setting up a 99 1 policy. 2 COMMISSIONER MOSER: -- I believe in 3 contingency plans. 4 COMMISSIONER BELEW: I agree, yeah. 5 COMMISSIONER LETZ: I mean I think the first 6 step is someone to contact Water Development Board, 7 their both programs and see what they recommend. I 8 think that we at the meantime we can do nothing. We're 9 going to be building the sewer project for the next two 10 years. We don't have to do anything with this lady 11 right now, we can just put it on hold and she -- 12 COMMISSIONER MOSER: This person. 13 COMMISSIONER LETZ: This person, sorry. 14 This person. And do nothing for quite awhile. And I 15 think that we -- 16 COMMISSIONER MOSER: Except our policy says 17 you gotta agree to have it connected, okay, which 18 they're fine with. Great, connected, get rid of their 19 septic system, but this person says I can't afford to 20 pay the monthly bill. So maybe we set a limit on a time 21 on when they have to agree to connect. 22 COMMISSIONER LETZ: I think we can -- I 23 would feel much more comfortable giving a variance on 24 the time to connect right now. 25 COMMISSIONER MOSER: Well, let's not take 100 1 any -- 2 JUDGE POLLARD: We already have a County 3 Attorney's opinion that we can't do this because this 4 would jeopardize the bonding requirements? 5 MRS. STEBBINS: No, you don't have that 6 because I don't know the answer. And that's -- it needs 7 to be a contact -- 8 JUDGE POLLARD: It's her opinion that we 9 can't do it so -- 10 COMMISSIONER MOSER: No, she didn't say it 11 was her opinion; she said maybe. 12 MRS. STEBBINS: You have lots of 13 considerations here that don't involve a legal opinion. 14 You have to really talk to people who are involved with 15 the grant. 16 COMMISSIONER MOSER: I agree with that. 17 COMMISSIONER LETZ: And it -- you know it 18 also goes in to the very -- it's unknown what the -- 19 what our leverage is, or what happens if they don't. I 20 mean even if a person -- forget this particular 21 situation -- 22 COMMISSIONER MOSER: So this item's for 23 discussion right now, bring it up. I think we've got a 24 potential issue that we may can fix with other funding. 25 We have to be compatible with all of our grants and 101 1 Water Development Board, Texas Department of 2 Agriculture, I understand all that. But if we get to 3 this other point, you know, I think we need to look at 4 our policy and see if there's something we need to do, 5 and I'll bring it up at a future meeting. 6 COMMISSIONER LETZ: I think a rather 7 specific policy, and in the meantime we can certainly -- 8 I mean you or I would probably have the authority to 9 almost to waive the 90-day window. 10 COMMISSIONER MOSER: I don't think that's an 11 issue, okay? 12 JUDGE POLLARD: All right, so no action on 13 item 1.19, is that correct -- 14 COMMISSIONER MOSER: That's correct. 15 JUDGE POLLARD: -- at this time. 16 Let's go to item 1.20 consider, discuss and 17 take appropriate action regarding resolution/public 18 comment to Texas Water Development Board on East Kerr 19 County/Center Point Wastewater System EDAP application. 20 Commissioner Moser. 21 COMMISSIONER MOSER: Thank you, Judge. I'm 22 just going call it The Project rather than read all that 23 long description for it. The Project, we're going for 24 Phase 3 funding, and there is a period for public 25 comment so I drafted a Resolution here that simply says 102 1 it's the view of this Court in light of all of the 2 whereas's, I just want for the public to understand the 3 things unique about this. This is for an additional 4 13.4 million dollars, okay, for the final phase of the 5 project, and it's to delineate the reason this county's 6 in a unique position for this, is because of the 7 objective of the project is to eliminate 900 properties 8 from septic systems, which has to do with the quality of 9 the Guadalupe River, and all the tributaries associated 10 with that. The county's already had approved the 50 11 million dollars in grants from the Water Development 12 Board and Texas Department of Agriculture. And Phase 1 13 is to be completed in late 2019. Phase 2 is first 14 quarter of the infrastructure in 2019. County has 15 submitted applications for the additional 13.4 million. 16 There are 406 properties within this project area that 17 lack the public service for sewer systems, and they're 18 low to moderate income so they get connected through the 19 Texas Department of Agriculture grant. All the 20 easements have been acquired, which was I think was 82 21 if I'm not mistaken, and the County's demonstrated the 22 ability to perform this kind of project to implement 23 this kind of project with Kerrville South. And the 24 biggest thing is, is this is all -- this is a message 25 going to the Water Development Board why they should 103 1 grant this proposed -- this application to this County. 2 And the other whereas that's in here is Kerr 3 County has demonstrated the capability to successfully 4 integrate the efforts and services of Texas Water 5 Development Board, Texas Department of Agriculture, two 6 counties, Water Control Improvement District project 7 engineering company, a construction company, inspection 8 company, and multiple Kerr County departments to meet 9 all the requirements, budget and schedules of Phases 1 10 and 2 of the project. I think that's a thing that makes 11 us unique, probably the sum of the other applications 12 that are there, so -- and with that, the therefore is 13 Kerr County Court does hereby encourage the Water 14 Development Board to grant 13.4 million dollars for the 15 final phase to complete the project. 16 So with that I make a motion to adopt this 17 Resolution, and Commissioner Letz has made some changes 18 to it for further explanation in the draft of 19 Resolutions, so with those changes, I will recommend we 20 approve the Resolution. 21 COMMISSIONER LETZ: I'll second. And the 22 changes that I made are related to being more specific 23 as to the project names, numbers, things of that nature. 24 JUDGE POLLARD: Okay. Just to make sure 25 what we're passing here, this document that I was just 104 1 handed by Commissioner Moser, does this have your 2 corrections on it? 3 COMMISSIONER LETZ: Yes, it does. 4 JUDGE POLLARD: It does. So this is what 5 we're moving on? 6 COMMISSIONER MOSER: Correct. 7 JUDGE POLLARD: Okay, that's your motion is 8 to pass this Resolution. 9 COMMISSIONER MOSER: That is my motion. 10 JUDGE POLLARD: And you seconded that 11 motion, is that correct? 12 COMMISSIONER LETZ: Right. 13 JUDGE POLLARD: We're going to call this 14 Exhibit 1, I guess, to this motion. Okay, and it's 15 going to become a part of the record. All right, any 16 further -- have you read it, or had a chance to look at 17 it? Have all the Commissioners? 18 COMMISSIONER MOSER: Oh, yeah. I wrote it 19 with help from other people. 20 JUDGE POLLARD: All right. If there's no 21 further comment or question -- 22 COMMISSIONER LETZ: Comment, because the 23 rest of the Court doesn't say as where we are on this 24 and the reason for this right now. There's a one -- I 25 think a one week public comment period for the final 105 1 prioritization that was announced about two weeks ago. 2 And Kerr County, this project was currently fourth on 3 the list, which will be the final amount that we need. 4 We're not sure of the ratio funding, but we don't -- we 5 just -- we want to -- good idea to send in a resolution 6 and public comment. I think there's some other 7 political folks that may be using this information to 8 also support it because we don't want to get knocked 9 down to number 5, because that could be putting funding 10 in jeopardy. 11 COMMISSIONER MOSER: Absolutely. 12 COMMISSIONER LETZ: And this is due by the 13 13th. 14 JUDGE POLLARD: All right, I've made a 15 notation that it's Exhibit 1 to the item 1.20 of the 16 agenda on September 10, 2018, this Resolution as 17 corrected. All right, if there's no further comment 18 those in favor of the motion signify by raising their 19 right hands. It's four zero, unanimous. One 20 abstention, myself. And I hand that Resolution to the 21 Reporter for inclusion in the record. 22 COMMISSIONER BELEW: We have a timed one. 23 It's a timed item for 11 o'clock. 24 JUDGE POLLARD: Oh, the 11 o'clock one. 25 1.23 consider, discuss and take appropriate action to 106 1 approve Internet Domain Registrant Agreement and 2 authorize the County Judge to sign the same. Mr. 3 Trolinger. 4 MR. TROLINGER: Good morning. 5 JUDGE POLLARD: Howdy. 6 MR. TROLINGER: The company that's 7 responsible for tx.us is changing hands and this 8 agreement is a contract with the new provider. 9 COMMISSIONER BELEW: That's not a government 10 entity? 11 MR. TROLINGER: It's a non-profit. The 12 original one was the Texas Regional Host Master, I think 13 they are a non-profit. And this company's a big huge 14 company that handles .us, all of .us. 15 COMMISSIONER LETZ: I move for approval of 16 the agenda item and authorize the County Judge to sign 17 same. 18 COMMISSIONER BELEW: Second. 19 JUDGE POLLARD: Been moved by Commissioner 20 Precinct 3, seconded by Commissioner Precinct 1 to 21 approve item 1.23 on the agenda, and that's to approve 22 the internet domain Registrant Agreement in the agenda 23 package, and to authorize the County Judge to sign same. 24 Is there any further comment or discussion? 25 COMMISSIONER REEVES: I'm assuming since 107 1 there's a notation in here to the extent permitted by 2 law that the County Attorney has looked over this? 3 MR. TROLINGER: Oh, yes. I apologize. 4 MRS. STEBBINS: Yes. Thank you. 5 JUDGE POLLARD: All right. Back to item 6 1 -- 7 COMMISSIONER MOSER: We gotta vote. 8 COMMISSIONER BELEW: We gotta vote. 9 JUDGE POLLARD: All right, vote. Those in 10 favor of the motion signify by raising their right hand. 11 It's four zero, unanimous. One abstention, myself. 12 MR. TROLINGER: Thank you. 13 JUDGE POLLARD: Item 1.21 consider, discuss 14 and take appropriate action regarding Order authorizing 15 publication of notice of intention to issue certificates 16 of obligation to finance a portion of the costs to 17 construct and equip a new wastewater system to provide 18 wastewater service to Center Point and surrounding areas 19 in Eastern Kerr County. Commissioners Letz and Moser. 20 COMMISSIONER LETZ: I'll start with it. 21 Everyone will hopefully recall that in June we were 22 successful on the SRF application. This is to begin the 23 process to close on that debt issue. Mostly, or I think 24 70 percent loan forgiveness, and 30 percent finance as 25 built into our budget already. This particular language 108 1 was prepared by our outside Counsel Tom Spurgeon, and 2 it's a publication and then they'll be coming in with 3 some additional language for further agendas to start 4 the whole debt issuing process and the closing process 5 for this. The closing date, I believe, is set right now 6 for November 27th. Which is right after Thanksgiving, 7 and this is just to start that whole process going and 8 putting the public notices out that we're going to issue 9 debt. 10 JUDGE POLLARD: This is reflected in the 11 Resolution that's in the agenda package? 12 COMMISSIONER LETZ: Yes. Yes. 13 COMMISSIONER REEVES: And this is in 14 relationship to the one we talked about previously? 15 COMMISSIONER LETZ: This is the same project 16 but different -- this is to the Phase 2 as we've been 17 calling it, which is the EDAP is really Phase 3. 18 COMMISSIONER BELEW: The wording you used, 19 Jonathan on the loan forgiveness, is that just part of 20 the grant wording? 21 COMMISSIONER LETZ: They don't call them 22 grants. They're not allowed to give grants. They give 23 you -- you can take out a loan and they forgive it. 24 COMMISSIONER BELEW: Gotcha. That's what I 25 was hearing, I wanted to clarify that. 109 1 COMMISSIONER LETZ: Yes. So they're really 2 -- it's technical stuff. Anyway, I make a motion to 3 approve the agenda item and the Resolution, or approve 4 the Resolution. 5 COMMISSIONER MOSER: Second. 6 JUDGE POLLARD: Been moved by Commissioner 7 Precinct 3,. Seconded by Commissioner Precinct 2 to 8 approve the Resolution in the agenda package that 9 authorizes publication of the Notice of Intention to 10 issue Certificates of Obligation in order to finance a 11 portion of the cost to construct and equip a new 12 wastewater system to provide wastewater services to 13 Center Point and surrounding areas in Kerr County, 14 sometimes known as Phase 2? 15 COMMISSIONER LETZ: Yes. 16 JUDGE POLLARD: All right. Otherwise known 17 as Phase 2. 18 C9OMMISSIONER LETZ: Otherwise. 19 JUDGE POLLARD: All right, is there any 20 further comment or questions? Those in favor of the 21 motion signify by raising your right hands. It's four 22 zero, unanimous. One abstention, myself. 23 Item 1.22 consider, discuss and take 24 appropriate action to modify agreement with Carolina 25 Biological Supply Company (Court Order #30399). 110 1 Commissioner Letz. 2 COMMISSIONER LETZ: Yes. Since we're 3 talking about cats a little bit today, I thought we'd 4 talk about cats one more time. 5 JUDGE POLLARD: Phase 2. 6 COMMISSIONER BELEW: The cat controversy. 7 COMMISSIONER LETZ: Court order 30399 is the 8 one that we -- it's a medical outfit out of Brownsville, 9 sometimes it would take or pay us for cats that were 10 euthanized, and we got $3.65 or something like that 11 for -- 12 MR. GIVENS: $3.50. 13 COMMISSIONER LETZ: $3.50 per cat. And that 14 has been going to on. During that whole process, we're 15 not sure when, we can't figure out when, but Carolina 16 Biological Supply Company. This division of it anyway 17 ran laboratories in Brownsville, and Reagan has been 18 contacted by Rana Laboratories, and basically I'll make 19 a motion to rescind court order 30399 and then -- and as 20 part of that continue -- authorize animal services to 21 continue working with Rana Laboratories and donate the 22 cats. 23 COMMISSIONER BELEW: Now, we don't incur any 24 expense delivering, they come get them? 25 MR. GIVENS: No. They come and pick them 111 1 up. 2 JUDGE POLLARD: And donate the cats, they 3 euthanize them? 4 COMMISSIONER LETZ: No. We euthanize them. 5 We just donate to them. I mean, the amount of -- it was 6 almost as much of a paper problem keeping up with the 7 donations, and it wasn't making -- I mean -- it was -- 8 the idea was to cover the cost of euthanizing them. 9 Well, we're euthanizing them anyway -- well, I know we 10 are. 11 MR. GIVENS: The cats were already being 12 euthanized. It's just a question of whether they were 13 going to be taken a to a landfill, or if they wanted to 14 be used for medical research where the company paid per 15 cat $3.50, and we just want to donate them and not 16 receive any pay. 17 COMMISSIONER LETZ: And the reason is we've 18 been accused of euthanizing cats so we can make $3.50, 19 which was ridiculous from the start, so this eliminates 20 that. We're just going to donate the cats to the 21 laboratory that will be used for medical research as 22 they are currently being done. That was my motion that 23 we're going to -- I'll just make a motion to rescind 24 court order 30399 with Carolina Biological Supply 25 Company, and authorize Kerr County Animal Services to 112 1 donate euthanized cats for medical research to Rana 2 Laboratories. 3 COMMISSIONER BELEW: Any legal downside to 4 that? 5 MRS. STEBBINS: I don't think so, not at 6 all. 7 COMMISSIONER BELEW: There's no financial 8 benefit to that? 9 MRS. STEBBINS: No. 10 COMMISSIONER BELEW: Counties don't file 11 taxes and take deductions so specifically a donation. 12 COMMISSIONER LETZ: A donation to help 13 public good because it's used for both veterinarian and 14 medical, too. That's what the cats are used for. 15 JUDGE POLLARD: You made the motion? 16 COMMISSIONER REEVES: I second. 17 JUDGE POLLARD: You did? 18 COMMISSIONER REEVES: I did. 19 JUDGE POLLARD: All right, been moved by 20 Commissioner Precinct 3, seconded by Commissioner 21 Precinct 4 about agenda item 1.22, and that is to modify 22 the agreement with Carolina Biological Supply Company 23 and to, I guess, is rescind that Order No. 30399, but 24 agree to continue that type of an operation with -- and 25 who's this in the Valley? 113 1 COMMISSIONER LETZ: Rana Laboratories. 2 JUDGE POLLARD: R-A-N-A? 3 COMMISSIONER LETZ: R-A-N-A Laboratories. 4 COMMISSIONER BELEW: We have to redo the 5 contract? 6 JUDGE POLLARD: With one modification to the 7 agreement and that is they're donated, the cats are 8 donated after they're euthanized, there's no money made 9 by the County. All right, is there any further comment 10 or discussion? Well, I could think of a lot of 11 comments. I'm going to shut up. I got a bunch of 12 comments I'd like to -- all right, those in favor of the 13 motion signify by raising your right hands. It's four 14 zero, unanimous. Oh, man. 15 COMMISSIONER MOSER: You got a chance to 16 vote and you didn't do it. 17 JUDGE POLLARD: One abstention, myself. Hu? 18 COMMISSIONER MOSER: You got a chance to 19 vote and you didn't do it. 20 JUDGE POLLARD: Wait a minute, let's make it 21 a 5-0 vote on that, no abstention on that. 22 All right, 1.24 consider, discuss and take 23 appropriate action regarding personnel issue. And 24 that's going to be in closed session, I presume, is that 25 correct? 114 1 MRS. LANTZ: Yes. 2 JUDGE POLLARD: All right. Let's go ahead 3 and pay some bills first. 4 COMMISSIONER REEVES: No bills. 5 MRS. DOSS: No bills. 6 JUDGE POLLARD: Are there any budget 7 amendments? 8 MRS. DOSS: No budget amendments, Sir. 9 JUDGE POLLARD: 4.3 late bills? 10 MRS. DOSS: No late bills. 11 JUDGE POLLARD: No late bills. 12 4.4 approve and accept monthly reports. 13 COMMISSIONER REEVES: Yes, Sir. All the 14 reports will be for the month ending August 31, 2018 15 includes the Indigent Services report, Constable 16 Precinct 1, Constable Precinct 2, Justice of the Peace 17 Precinct 1, Justice of the Peace Precinct 2, Justice of 18 the Peace Precinct 3, Kerr County Environmental Health 19 report for August 2018, and the Kerr County 20 Environmental Health activity report for August 2018. 21 Move to accept the reports as presented. 22 COMMISSIONER LETZ: Second. 23 COMMISSIONER BELEW: Second. 24 COMMISSIONER LETZ: Third. 25 JUDGE POLLARD: Been moved by Commissioner 115 1 Precinct 4, seconded by Commissioner Precinct 1 to 2 accept all the monthly reports as dictated into the 3 record by Commissioner Precinct 4, and to authorize 4 approval of same as needed. Any further comment or 5 discussion? If not, those in favor of the motion 6 signify by raising your right hands. It's four zero, 7 unanimous. One abstention, myself. 8 All right, let's go to Auditor's reports. 9 MRS. DOSS: None, Sir. 10 JUDGE POLLARD: 4.6 court orders. We have 11 some? 12 COMMISSIONER LETZ: We do have court orders 13 but, Judge, could we take those up after executive 14 session. There were changes on two of them and Nuvia 15 didn't have time to make them. 16 JUDGE POLLARD: Reports from Commissioners 17 and liaison committee assignments as per attachment. 18 Any? 19 Reports from elected officials and 20 department heads? 21 SHERIFF HIERHOLZER: Just real quick. 22 Current jail population is 237. We're housing 26 from 23 Kendall, 2 from Llano, and 10 from Medina County. 24 COMMISSIONER MOSER: So 38 from outside. 25 SHERIFF HIERHOLZER: 38 from outside. 116 1 Billing of about 19 hundred a day, or about 57 thousand 2 a month. 3 COMMISSIONER MOSER: You should put a sign 4 out there that says we keep the lights on for you. 5 SHERIFF HIERHOLZER: Make us work a whole 6 lot more. 7 COMMISSIONER BELEW: What's our daily rate 8 right now, Rusty? 9 SHERIFF HIERHOLZER: 50. 10 COMMISSIONER BELEW: 50. 11 JUDGE POLLARD: All right, reports from 12 Boards, Commissions and Committees. City/County Joint 13 Projects. Anybody? 14 Update on East Kerr County/Center Point 15 Wastewater Project. We already talked about that a lot 16 today. We don't need to talk anymore, do we? 17 COMMISSIONER LETZ: No. 18 JUDGE POLLARD: All right, let's go into 19 closed session now. 20 (Executive Session.) 21 JUDGE POLLARD: Okay, we're back in open 22 session now. Is there a motion on item 1.24? 23 COMMISSIONER BELEW: How would it be worded? 24 COMMISSIONER REEVES: I make a motion to 25 allow the employee of the Kerr County Detention Center 117 1 that was brought up in executive session to have a 90 -- 2 or let me backup. Have an extension on county-paid 3 health insurance for what we covered for the employee 4 until 12-31-2018. 5 JUDGE POLLARD: Second? 6 COMMISSIONER BELEW: Yes, Sir. 7 JUDGE POLLARD: Moved by Commissioner 8 Precinct 4, seconded by Commissioner Precinct 1 to allow 9 the unnamed employee at the Detention Center that was 10 discussed in closed session to have an extension on 11 his -- what insurance? 12 COMMISSIONER REEVES: County paid medical 13 health insurance. 14 JUDGE POLLARD: All right. Until December 15 31st of 2018. At midnight, I assume. 16 COMMISSIONER REEVES: Yes. 17 JUDGE POLLARD: Is there any further 18 discussion or comment? If not, those in favor of the 19 motion signify by raising your right hands. It's four 20 zero, unanimous. One abstention, myself. 21 Is there any further -- oh, there's one 22 item. 23 COMMISSIONER LETZ: Court orders. 24 JUDGE POLLARD: Court orders, right. 25 COMMISSIONER LETZ: How many you got? 118 1 COMMISSIONER LETZ: I make a motion that we 2 approve court orders from the 8-29 and the 9-06, both of 3 those 2018, as they were presented, and then on the 4 August 27th, 2018 meeting there have been some revisions 5 to item 1.4 and 1.23. They're pretty minor, and the 6 revisions are in this group that's been attached. 7 COMMISSIONER BELEW: They have to be done 8 separate, or can we do them all? 9 COMMISSIONER LETZ: I think we can do them 10 all together, but they're in this group that were 11 amended. 12 JUDGE POLLARD: A bunch of them? 13 COMMISSIONER LETZ: The one -- and I'll tell 14 you what they are. And 1.4, it originally read to 15 approve to accept additional right of way in the amount 16 of 0.123 acres as described in metes and bounds, turn 17 around on same. Mr. Reeves and I looked at it and said 18 to change it to approve to accept additional right of 19 way in the amount of 0.123 acres described in the metes 20 and bounds for turn around at the termination of County 21 maintained portion of Higbee Road, just to identify 22 where it was, and the other one was on 1.23 is to 23 approve the annual expenditures report and the 24 recommendations presented from Miss Baker regarding the 25 Veterans Day Parade plans. Modified it to read -- to 119 1 say instead of Ms. Baker, say VSO Baker. 2 JUDGE POLLARD: Is there a place for me to 3 sign on these to approve them? I don't see it. 4 COMMISSIONER REEVES: We do it by court 5 order, don't we? 6 COMMISSIONER LETZ: It's a court order to 7 approve them all. 8 JUDGE POLLARD: Okay. All right. 9 COMMISSIONER REEVES: Is that your motion? 10 COMMISSIONER LETZ: My motion is to approve 11 those listed, and the two as I read into the record. 12 COMMISSIONER REEVES: Second. 13 JUDGE POLLARD: Is there a second? 14 COMMISSIONER REEVES: Second. 15 JUDGE POLLARD: Moved by Commissioner 16 Precinct 3, seconded by Commissioner Precinct 4 to 17 approve all of the court orders that are submitted in 18 this package here that were dictated into the record by 19 Commissioner 3. Any further comment or discussion? If 20 not, those in favor of the motion signify by raising 21 your right hands. It's four zero, unanimous. One 22 abstention, myself. All right, let's hand that back to 23 her. 24 All right, is there any further business for 25 the Commissioners' Court? There's none, we're 120 1 adjourned. Thank you. 2 * * * * * * 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 121 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 19th day of September, 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