1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, September 23, 2013 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X September 23, 2013 2 PAGE 3 --- Visitors' Input 5 --- Commissioners' Comments 5 4 1.1 Consider/discuss, take appropriate action to 5 accept final report from MGT of America, Inc. approve Kerr County job descriptions as presented 9, 6 18 1.2 Public Hearing regarding revision of plat for 7 Lots 7 and 9 of Lake Ingram Estates, Precinct 4 17 8 1.3 Consider/discuss, take appropriate action for the Court’s final approval regarding revision of plat 9 for Lots 7 and 9 of Lake Ingram Estates, Pct. 4 21 10 1.4 Consider/discuss, take appropriate action for the Court to accept preliminary revision of plat for 11 Lots 120R and 122 of Vistas Escondidas De Cypress Springs Estates and set a Public Hearing, Pct. 4 21 12 1.5 Consider/discuss, take appropriate action to 13 revise Court Order #33315 to approve the final alternate plat for Lots 14-16 of Block 3 of the 14 Walker Addition 24 15 1.6 Consider/discuss, take appropriate action regarding the Animal Control audit 26 16 1.7 Consider/discuss, take appropriate action to 17 approve recommendation of EMS Consultant Committee and authorize County Attorney to 18 negotiate contract/letter of engagement with selected consultant 28 19 1.8 Consider/discuss, take appropriate action to 20 terminate agreement with Tex.gov for e-filing services due to State-mandated transition to 21 TexFile for e-filing; authorize County Attorney to issue termination notice to the Tex.gov 22 Contract Department and the Texas Department of Information Resources 31 23 1.9 Consider/discuss, take appropriate action to set 24 the fees paid to jurors as per Chapter 61 Texas Government Code 32 25 3 1 I N D E X (Continued) September 23, 2013 2 PAGE 3 1.10 Consider/discuss, take appropriate action to approve agreement with Lexis-Nexis for record 4 searches for court compliance; authorize County Judge to sign 34 5 1.11 Consider/discuss, take appropriate actions to 6 approve the County Clerk fees as presented 41 7 1.13 Consider/discuss, take appropriate action on implementation of the burn ban 44 8 1.14 Consider/discuss, take appropriate action to 9 authorize County Auditor to do audit for ESD #1 when records become available 45 10 1.15 Consider/discuss, take appropriate action to 11 appoint Ken Edwards to ESD #2 for a 2-year term 45 12 1.16 Consider/discuss, take appropriate action to approve budget amendment to provide reasonable 13 increase/supplement in County Auditor’s salary -- 14 4.1 Pay Bills 47 4.2 Budget Amendments 47 15 4.3 Late Bills 48 4.4 Approve and Accept Monthly Reports 49 16 5.1 Reports from Commissioners/Liaison Committee 17 Assignments 50 5.2 Reports from Elected Officials/Department Heads 50 18 1.12 Consider/discuss, take appropriate action on 19 District Judges’ request for budget amendment related to courthouse security 54 20 1.17 Consider/discuss, take appropriate action to 21 consider lease on River Star Arts and Event Park (Executive Session) -- 22 3.1 Action as may be required on matters discussed 23 in executive session -- 24 --- Adjourned 59 25 4 1 On Monday, September 23, 2013, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, September 23, 2013, at 9 a.m. It is 11 that time now. If you would, please, if you'd stand and join 12 me in a moment of prayer followed by the pledge of allegiance 13 to the flag of our country. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Please be seated. 16 COMMISSIONER BALDWIN: You seem to be a nice man. 17 COMMISSIONER LETZ: Who? 18 COMMISSIONER BALDWIN: I mean, praying and pledging 19 and -- man, that's good stuff. That's healthy. 20 COMMISSIONER LETZ: That part is. 21 COMMISSIONER BALDWIN: Yeah. 22 JUDGE TINLEY: At this time, if there's any member 23 of the audience or public that wishes to be heard on a matter 24 which is not a listed agenda item, this is your opportunity 25 to come forward and tell us what's on your mind. If you wish 9-23-13 5 1 to be heard on an agenda item matter, we have some 2 participation forms; they should be located at the rear of 3 the room. I prefer that you fill those out so that it gives 4 me a heads-up that there's someone that wants to be heard 5 when we get to a particular agenda item. But right now, if 6 there's any member of the public or audience that wishes to 7 be heard on any matter which is not a listed agenda item, 8 come forward and tell us what's on your mind. Good morning, 9 Mr. Garcia. 10 MR. GARCIA: Morning. I'd like the tell the Court, 11 and everybody in the court, give a thanks to Maintenance, Tim 12 and his guys, and the Sheriff's work program on the fence 13 that they constructed out at the Animal Control facility. 14 They had a quote for $32,000 to have a permanent fence put 15 up, and I believe we did it for about $3,500, Tim? 16 MR. BOLLIER: Mm-hmm. 17 MR. GARCIA: Around that facility, so we saved the 18 county and taxpayers a lot of money doing that. And, again, 19 just a big thank-you to Maintenance, Tim and his guys, and 20 Rusty's work program. That's it. 21 COMMISSIONER BALDWIN: Good job. 22 JUDGE TINLEY: Appreciate it. Anybody else? Okay, 23 let's move on. Commissioner Baldwin, what do you have for us 24 this morning? 25 COMMISSIONER BALDWIN: Well, actually, I do have 9-23-13 6 1 something. 2 JUDGE TINLEY: Good. 3 COMMISSIONER BALDWIN: My favorite federal agent 4 was at my house this weekend and made the announcement that 5 he's going to be a daddy, and the baby's due on my birthday. 6 So, I announced that they -- regardless if it's a boy or 7 girl, they have to name it Buster. (Laughter.) That didn't 8 go over real big, but I'm going to hang in there. I'm 9 learning from you guys how to be forceful and -- and do the 10 right thing. So, that's all I had. That's all I've had on 11 my mind, too. 12 JUDGE TINLEY: Understandably. 13 COMMISSIONER MOSER: I pass. 14 JUDGE TINLEY: All right. Commissioner Letz? 15 COMMISSIONER LETZ: I have three items. First, a 16 member of our east Kerr County family, and actually, I think 17 all of Kerr County family, passed away over the weekend. 18 Victor Lich's wife, Thelma, passed away over the weekend. 19 Victor, most of y'all know, was a longtime commissioner, 20 probably the longest time Commissioner of Precinct 3. And I 21 presume the Court knows, but if you see -- two of his 22 grandsons work for the county in the Road and Bridge 23 Department, Ryan and Vance, so I wanted to pass that out, 24 that that is happening. Another thing I'll bring up, 25 something that we haven't talked about in quite a while, is 9-23-13 7 1 the Southern Edwards Plateau Habitat Conservation Plan. 2 COMMISSIONER OEHLER: That was okay. 3 COMMISSIONER LETZ: I received an e-mail late last 4 week, and I know that -- while they don't seem to like to 5 correspond back to us from San Antonio for some reason, I 6 know the Judge has sent a number of letters. I'll just read 7 part of the e-mail. The SEP-HCP has been submitted to the 8 Fish and Wildlife Service. Fish and Wildlife Service is in 9 the review process. We expect to see some activity on the 10 environmental impact statement within the next few months. 11 Yes, Kerr County and other counties were taken out of the 12 plan for taking purposes. So, we were taken out of the plan 13 as we requested, from what's been submitted. So, anyway, 14 that's good news. That's a contentious issue. I was 15 obviously the -- I think the most involved member; been very, 16 very involved with that. It had a lot to do with us. Kerr 17 County's been taken out of the -- 18 COMMISSIONER BALDWIN: I think you caused it, 19 didn't you? 20 COMMISSIONER LETZ: Well, I was chair of the 21 committee that blew up the whole plan, so I guess that's -- I 22 was involved. But, anyway, a lot of members of the community 23 also were very involved in that, so that's a good thing. And 24 the other thing, I also received an e-mail from the Director 25 of Services from Bexar County, and very surprised about it. 9-23-13 8 1 The e-mail, content of it is the individual ran into Ray 2 Garcia at a conference not long ago, and was incredibly 3 complimentary of Ray, and been following Ray and his work in 4 our Environmental Department, and also now with Animal 5 Control. Extremely complimentary; said we were extremely 6 lucky to have such a great employee, qualified, knowledgeable 7 person, and was passing on that Ray has -- or Bexar County 8 asked if they could send some of their officers up to train 9 with Ray and drive around with his officers, and I think Ray 10 has said yes, that's fine. And I think that says a whole lot 11 about what, statewide -- I mean, to have someone from Bexar 12 County, who you'd think -- to come up here, and very, very 13 complimentary of Ray and his department, and be helping to 14 train some of their people so they can hopefully take the 15 culture that Ray's created back to Bexar County. 16 COMMISSIONER BALDWIN: That's fantastic. 17 COMMISSIONER LETZ: So, Ray, good job. 18 MR. GARCIA: Thank you. 19 COMMISSIONER OEHLER: Wonderful. 20 JUDGE TINLEY: Anything else? 21 COMMISSIONER LETZ: That's it. 22 COMMISSIONER OEHLER: All I've got to say this 23 morning at this particular time, I'm just going to refuse my 24 2 and a half percent raise and COLA, whatever it was, to 25 increase my salary this year. Just going to refuse that and 9-23-13 9 1 let the County use it for something else. 2 COMMISSIONER BALDWIN: Can I have it? 3 COMMISSIONER OEHLER: No. (Laughter.) 4 COMMISSIONER BALDWIN: I'll take it. 5 JUDGE TINLEY: Anything else? 6 COMMISSIONER OEHLER: That's it. 7 JUDGE TINLEY: I was at a meeting last week that 8 was initiated by Mark Armstrong with the Daily Times to see 9 if there was an interest to be generated in a Veterans Day 10 event. I think it was initially talked about as being a 11 parade, but it kind of morphed into a whatever. There were 12 approximately 30 people there, and they were from pretty -- 13 pretty much all over the place; some from veterans groups, 14 others from -- we had the high school people there, and 15 hopefully we can get them involved. But there was a 16 committee formed to start the planning to see if maybe we can 17 make these things happen, sponsorships and so forth. It's 18 going to be tight by -- by November, but we'll see how we 19 come out. Mark, appreciate your -- your taking the 20 leadership in that. Let's get on with our agenda now, if we 21 could. Our first item is a 9 o'clock timed item; to 22 consider, discuss, and take appropriate action to accept the 23 final report from MGT of America, Inc., and approve Kerr 24 County job descriptions as presented. Ms. Lantz? 25 MS. LANTZ: Morning, Judge, Commissioners. This 9-23-13 10 1 morning I have Mark Carpenter here with MGT to go over the 2 final proposal, or -- or what -- with our job descriptions 3 and our classifications. So, I'm just going to turn it over 4 to him. And you all should have received a final report, as 5 well as a copy of our job descriptions which all the 6 department heads and elected officials have gone through and 7 sent back their revisions to me, which I think everybody 8 basically has approved, and the only ones which are not 9 approved, they are tabbed together up front, and they are 10 Director Garcia's departments, because he is in the process 11 of merging. So, until that has been done, he would like to 12 hold off and reassess his department to make sure we get the 13 correct job descriptions written. 14 JUDGE TINLEY: Is there going to be follow-up on -- 15 on Mr. Garcia's department? Are we going to have follow-up 16 from MGT? Okay. 17 MS. LANTZ: He's going to -- 18 JUDGE TINLEY: So it will dovetail with all the 19 rest of it? 20 MR. CARPENTER: Yes, sir. 21 JUDGE TINLEY: Okay, great. Great. 22 MR. CARPENTER: Judge, Commissioners, it's good to 23 be back with y'all again. First thing I want to say is that 24 the departments have really spent a lot of time on this -- 25 this study. We've been -- as they will probably have already 9-23-13 11 1 told you, we've spent a lot of time getting these in the 2 format that they're in now. But also, we want to say that, 3 you know, this is -- this is not something that's written in 4 stone. As you all evolve and -- and the organization changes 5 over the months and the years, this is a system that should 6 change with you. So, now you have these all in electronic 7 format in terms of the job descriptions. Those can be 8 reviewed and revised, and we'll certainly be here to help you 9 do that. As Ms. Lantz said, we've got a couple that we still 10 need to finalize up, and those will be, you know, forthcoming 11 as soon as the County can provide us with that information. 12 But the other -- so the job description documents, I don't 13 want to go into detail on those, but obviously, a lot of time 14 has been spent in preparing these and having these ready for 15 you today. 16 The other thing I did want to point out, just to 17 kind of point out the highlights of -- of this document that 18 you have, this basically is kind of the roadmap, if you will, 19 for moving forward. We presented the classifications to you 20 some weeks ago. I mean, obviously, we tried to start this -- 21 this project out -- we wanted to try to get it done in five 22 or six weeks, a very ambitious process, back in the early 23 summer. And here we are in September, which is still a 24 pretty good -- you know, normally these things take five, 25 six, seven months at least to get finalized. So, like I 9-23-13 12 1 said, the departments have done an excellent job in pushing 2 forward and responding to -- to the information that we've 3 provided to them. But this classification list was sent to 4 you back in the summer. And, of course, these are 5 recommended, and the Court, I believe, has implemented many 6 of these. Obviously, maybe because of financial 7 considerations, you're not able to adjust salaries up to the 8 complete level in the first year. But it's pretty common to 9 have a multi-year implementation of these types of projects. 10 So, really, just to kind of summarize here, there 11 is a table of contents, and very quickly, there's just a 12 brief introduction that kind of talks about the process. Our 13 project approach methodology where we came, we collected a 14 lot of data, we had a number of you fill out and review 15 questionnaires, job content questionnaires, and spent a lot 16 of time getting facts as to what people are actually doing. 17 Then from that, we prepared that classification listing, and 18 simultaneously were working on job descriptions. And as you 19 can see on Page 1 of the -- of the study, in the 20 introduction, what we were asked to do, just as a quick 21 summary, we reviewed all your current job descriptions and 22 made sure that they're compliant with A.D.A. and F.L.S.A., 23 which they are now. They weren't before. We went and 24 revised a number of different classification titles and 25 definitions. We made some adjustments per the 9-23-13 13 1 recommendations and consultation with the departments. We 2 prepared new job descriptions as was necessary, and then we 3 put together this classification plan. 4 So -- so, primarily, you know, to keep this 5 presentation short, that's -- that's a summary of what we 6 did. So, if you look at the bottom of Page 1, we're at the 7 -- we're at Task 7 now, where we've provided you the report, 8 and now we're here to provide you with ongoing assistance. 9 And as I said before, it's not something that is written in 10 stone. As you have changes and adjustments, we'll work with 11 you to make those changes as you move forward, okay? So, 12 unless there are any questions about the report itself, I 13 would point out to that you Appendix D and Appendix E 14 probably are of most interest to folks, because that will 15 identify what the new grade recommendations are. And as -- 16 as you know, you all have already reviewed this some weeks 17 ago. And then Appendix E is the classification report which 18 lists the titles by department, and identifies whether those 19 jobs are exempt or nonexempt under F.L.S.A., and also 20 provides you with a proposed pay grade. So, again, in a 21 nutshell, that's -- that's the work that we've been doing for 22 you since back in June. 23 JUDGE TINLEY: I want to thank you for working with 24 us, particularly as it related to the timeliness of -- of our 25 requirements. As you said, this thing was on a compressed 9-23-13 14 1 timeline. 2 MR. CARPENTER: Yes, sir. 3 JUDGE TINLEY: And I appreciate the cooperation and 4 the -- and the extra work by all of our department heads and 5 employees in -- in doing their part to assist you in being 6 able to put this thing together in this compressed timeline. 7 Because for me, it was very, very important to have this 8 available during the budgeting process, as I prepared my 9 budget and looked at how various employees were going to be 10 classified, and it proved -- proved to be very, very helpful 11 to me, and I think for the most part, was very helpful to the 12 employees, too. I think -- I think it -- it was a fair 13 classification of -- of skill levels and skill sets and 14 reporting responsibility and all those various things that 15 make up an employee's job requirements. And -- but in terms 16 of budgeting, I think it was extremely helpful to me. 17 I know Ms. Lantz and I worked closely together on 18 it with the Auditor's office, and we -- we incorporated, as I 19 said, as much of it as we could. And we -- we've got at 20 least two instances where there were some pretty good jumps, 21 and we were able to do maybe a half jump or a third jump, but 22 with the understanding that we're going to find a way to get 23 there over a period of time incrementally. So, thank you 24 for -- for your work in handling this thing in a compressed 25 timeline. We really appreciate it. 9-23-13 15 1 MR. CARPENTER: No problem. Thank you very much. 2 COMMISSIONER MOSER: To your knowledge, are there 3 any issues or challenges by any of the personnel or 4 department heads on the final product? 5 MR. CARPENTER: I mean, I know we've worked through 6 several of them in terms of the job descriptions, concerns 7 about the accuracy and -- 8 COMMISSIONER MOSER: Right. 9 MR. CARPENTER: -- completeness of those. But, I 10 mean, hopefully those have all been addressed at this point. 11 COMMISSIONER MOSER: Okay. 12 MR. CARPENTER: I've not heard. I mean, whenever 13 one of these studies is completed, you know, there's always 14 going to be some folks that are -- I mean, sometimes I've 15 heard it said that a study like this is a rearrangement of 16 the discontent of the organization. Because, you know, 17 you've got some folks that are in certain pay grades, and 18 they think they're properly allocated, and then you move 19 others, and then, you know, you get -- you get some concerns 20 there. But -- I mean, and that's pretty typical, but I've 21 not heard that directly from anyone, although I would imagine 22 that there are probably some folks along the way that, you 23 know, wish they could have gotten a little bit more, or -- 24 COMMISSIONER MOSER: Let me ask Dawn. Is that the 25 same -- same assessment that you would have? 9-23-13 16 1 MS. LANTZ: Yes, sir. We did work out some -- some 2 issues with several departments with job descriptions, but 3 going back and forth, I think we rectified those with MGT 4 staff and got those the way the elected officials and 5 department heads wanted them. 6 COMMISSIONER MOSER: Okay, thank you. 7 COMMISSIONER BALDWIN: Mr. Carpenter? 8 MR. CARPENTER: Yes, sir? 9 COMMISSIONER BALDWIN: Is there such a thing as, 10 like, a rule of thumb of -- of time frame of a time that we 11 need to review everything we've just done? I kind of think I 12 heard you hint at it's really a living document. We just 13 kind of keep an eye on it as we go through all along? 14 MR. CARPENTER: Well, you know, I've -- I've worked 15 with some communities who do these once every 15 years or so. 16 I do others that, you know, seven to ten years. But 17 typically, if you are looking at the marketplace and you're 18 making sure that your pay ranges are competitive -- and in 19 this particular case, we didn't make any adjustment to that. 20 We weren't asked to do that, because you all believed that 21 you're fairly compensating; your pay structure is competitive 22 in the market that you compete. So, as long as your pay 23 structure is competitive, and as long as if there are changes 24 in duties and responsibilities, those are updated in terms of 25 reclassification of positions, I mean, I wouldn't think you'd 9-23-13 17 1 need to do this for, you know, say seven to ten years, I 2 would say. 3 COMMISSIONER BALDWIN: Okay. All right, thank you. 4 Appreciate that. 5 JUDGE TINLEY: Any other questions? Thank you, 6 sir. We appreciate it. 7 MR. CARPENTER: Sure. Thank you. 8 JUDGE TINLEY: At this time, I will recess the 9 Commissioners Court meeting, and I will convene a public 10 hearing regarding the revision of plat for Lots 7 and 9 of 11 Lake Ingram Estates Amelia Reinaman Survey Number 133, 12 Abstract Number 281, and as set forth in Volume 4, Page 182, 13 located in Precinct 4. 14 COMMISSIONER LETZ: Judge, real quick, do we need 15 to accept the job descriptions on this? 16 COMMISSIONER BALDWIN: Yes. 17 COMMISSIONER LETZ: We'll do it later? 18 JUDGE TINLEY: Yeah, we'll get back to it. 19 COMMISSIONER LETZ: Okay. 20 JUDGE TINLEY: I'm sorry, I just launched into 21 this. 22 COMMISSIONER BALDWIN: I wanted to ask him the same 23 thing. I tell you... 24 (The regular Commissioners Court meeting was closed at 9:21 a.m., and a public hearing was held in open 25 court, as follows:) 9-23-13 18 1 P U B L I C H E A R I N G 2 JUDGE TINLEY: Any member of the public or audience 3 that wishes to be heard with regard to the revision of plat 4 for Lots 7 and 9 of Lake Ingram Estates, Amelia Reinaman 5 Survey Number 133, Abstract Number 281, and as set forth in 6 Volume 4, Page 182, located in Precinct 4? Seeing no one 7 coming forward or otherwise seeking recognition, I will close 8 the public hearing regarding the revision of plat for Lots 7 9 and 9 of Lake Ingram Estates, Amelia Reinaman Survey Number 10 133, Abstract Number 281, sets forth in Volume 4, Page 182, 11 located in Precinct 4. 12 (The public hearing was concluded at 9:22 a.m., and the regular Commissioners Court meeting was 13 reopened.) 14 - - - - - - - - - - 15 JUDGE TINLEY: And I will reconvene the 16 Commissioners Court meeting. Let's go back to Item 1. The 17 item calls for appropriate action to approve the job 18 descriptions as presented. 19 COMMISSIONER LETZ: I'll make a motion to approve 20 the job descriptions. And then I'm -- okay. 21 COMMISSIONER OEHLER: Second. 22 COMMISSIONER LETZ: That's my motion. 23 COMMISSIONER MOSER: You second? 24 COMMISSIONER OEHLER: Second. 25 JUDGE TINLEY: We have a motion and second to 9-23-13 19 1 approve the job descriptions as presented. Question or 2 discussion? 3 COMMISSIONER LETZ: I just wanted to -- I know we 4 have elected officials and department heads here representing 5 certainly the majority of county employees. Sheriff, Road 6 and Bridge and other elected officials are here. I'd like 7 input from them to make sure they're happy with their job 8 descriptions. Sheriff? 9 SHERIFF HIERHOLZER: It took a while to get there, 10 I'll be honest. There was a lot of work done. There is 11 still -- when you're accepting them, there's one on the 12 administrative sergeant we corrected last Friday that still 13 had a couple -- did it get done? 14 MS. LANTZ: It's in the book. It's completed, 15 and -- 16 SHERIFF HIERHOLZER: Okay, so it's completed. So, 17 that was the only one that I said we needed to wait on, but 18 other than that, I think all in all, it was an interesting 19 process. I'll leave it at that. But I think the end result 20 is, we do have some very good and updated job descriptions 21 now for employees. 22 MS. LANTZ: And I would like to say thank you, 23 Sheriff, for working with us. I know it was hard and 24 difficult, but all in all, it did turn out to be very good 25 job descriptions, with your help. And -- 9-23-13 20 1 SHERIFF HIERHOLZER: There were some -- the first 2 one from my administrative secretary said she had to be a 3 certified juvenile probation officer, and I thought then we 4 weren't going to get there from here. But it -- it did work 5 out in the end, so I'm satisfied with it. 6 MR. ODOM: Road and Bridge is content with what we 7 have. 8 JUDGE TINLEY: I suspect particularly with the 9 classification system. It put those heavy equipment 10 operators at a level where they needed to be. 11 MR. ODOM: That's the way I feel about it. 12 JUDGE TINLEY: They've got tremendous skills there. 13 COMMISSIONER BALDWIN: What about the County 14 Surveyor's office? 15 MR. VOELKEL: I'm totally satisfied. (Laughter.) 16 COMMISSIONER BALDWIN: Did you get another raise? 17 You got another raise? 18 MR. VOELKEL: Thank you. 19 JUDGE TINLEY: Any other comments with regard to 20 the job descriptions? Any other questions? Comments? All 21 in favor of the motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. Now, let's go to 9-23-13 21 1 Item 3; to consider, discuss, and take appropriate action 2 with the Court's final approval regarding the revision of 3 plat for Lots 7 and 9 of Lake Ingram Estates, Amelia Reinaman 4 Survey Number 133, Abstract Number 281, set forth in Volume 5 4, Page 182. 6 MR. ODOM: Yes, sir. Charles Conklin and Bonnie 7 Smith owns Lots 7 and 9 in Lake Ingram Estates. They would 8 like to make Lot 7, which is currently 5 and a half acres, 9 into 9.47 acres, and make Lot 9, which is currently 8.99 10 acres, into 5.01 acres. So, at this time, we ask the Court 11 for their final approval regarding revision of plat for 12 Lots 7 and 9 of Lake Ingram Estates, Amelia Reinaman Survey 13 Number 133, Abstract Number 281, and also Volume 4, Page 182, 14 Precinct 4. 15 COMMISSIONER OEHLER: I move approval of the agenda 16 item. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval of the agenda item. Question or discussion? All in 20 favor, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion carries. Let's go to our 25 9:10 timed item, Number 4; consider discuss, and take 9-23-13 22 1 appropriate action for the Court to accept the preliminary 2 revision of plat for Lots 120R and 122 of Vistas Escondidas 3 de Cypress Springs Estates, Volume 7, Page 363 and 364, and 4 set a public hearing. 5 MR. ODOM: Max and Susan Reinbach own Lot 120R in 6 Vistas Escondidas de Cypress Springs Estates. The Reinbachs 7 would like to include Lot 122, 2.37 acres, with the existing 8 lot, 120R, which is 12.28 acres, to make Lot 120R2, 14.65 9 acres. So, at this time, we ask the Court to accept the 10 preliminary revision of plat for Lots 120R and 122 of Vistas 11 Escondidas de Cypress Springs Estates, Volume 7, Pages 363 12 through 364, and set a public hearing for Monday, October the 13 28th, 2013, at 9 a.m., Precinct 4. 14 COMMISSIONER OEHLER: I make a motion to approve. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the agenda item. Further question or discussion? 18 COMMISSIONER LETZ: I just have a question, and 19 it's kind of not -- I think the County Attorney will tell me 20 if I shouldn't ask it right now. On some of these, we have 21 another -- nevermind, I'll ask it later when it comes up. 22 It's a Falling Water issue on loans, and it's just a -- what 23 happens on some of these when mortgage companies have a note 24 on a lot, and then we get rid of -- we combine lots, and then 25 it goes into foreclosure, and it just creates all kind of 9-23-13 23 1 problems. 2 COMMISSIONER BALDWIN: I'll bet it does. I've 3 never thought of that. 4 MR. ODOM: We just had one that -- 5 COMMISSIONER LETZ: We have -- I have one right now 6 that I've talked to the people that want to buy the property, 7 the title company, the lawyers. And anyway, we're trying to 8 figure out how to get there. 9 COMMISSIONER OEHLER: We want people to combine 10 lots, but in the real picture, it can cause problems in 11 foreclosure. 12 COMMISSIONER LETZ: Yeah, because it -- 13 COMMISSIONER OEHLER: Because they have a 14 description of a certain piece, and that doesn't take into 15 account the rest of it. 16 COMMISSIONER LETZ: And so they foreclose on a 17 piece of a lot. 18 COMMISSIONER MOSER: So, what would we do to help 19 that? 20 COMMISSIONER LETZ: I don't know. That's why it's 21 a later discussion. 22 COMMISSIONER MOSER: Okay. 23 COMMISSIONER BALDWIN: But this particular one -- 24 COMMISSIONER LETZ: Doesn't have that issue. 25 COMMISSIONER OEHLER: No, that one won't have that 9-23-13 24 1 issue. 2 COMMISSIONER BALDWIN: They did something very 3 similar to this last year. What was that? Lee? 4 MR. VOELKEL: Are you talking about Mr. Reinbach 5 and his wife? They have combined lots now -- this is the 6 third time, I think. 7 COMMISSIONER OEHLER: He just -- 8 COMMISSIONER BALDWIN: I see. They're adding on to 9 it. 10 MR. VOELKEL: Yes, sir. 11 MR. ODOM: Right. 12 COMMISSIONER OEHLER: Old Max is buying more lots. 13 COMMISSIONER BALDWIN: Yeah, he's -- he's a land 14 baron now. 15 COMMISSIONER OEHLER: Yeah. 16 JUDGE TINLEY: Any other questions or discussion? 17 All in favor, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: Motion carries. Let's go to Item 5; 22 to consider, discuss, and take appropriate action to revise 23 Court Order Number 33315 to approve the final alternate plat 24 for Lots 14 through 16 of Block 3 of the Walker Addition. 25 Mr. Odom? 9-23-13 25 1 MR. ODOM: Yes, sir. 2 JUDGE TINLEY: We kind of messed this one up, 3 didn't we? 4 MR. ODOM: Mr. Odom did. I didn't catch it. So, 5 what we have is a -- the agenda item -- the plat is right. 6 The plat was right, but it was the wording on the agenda 7 item, and it said Block C, and it should have been Block 3. 8 So, I would assume we revise this court order without 9 abandoning, doing anything else, just revise the wording to 10 -- to reflect Block 3? 11 MR. HENNEKE: Yeah. The plat's correct? 12 MR. ODOM: The plat is correct; it says Block 3. 13 MR. HENNEKE: So this is just a notice requirement. 14 MR. ODOM: I apologize to the Court. I should have 15 caught it, but I didn't. And so if you will make that 16 correction, I would appreciate it. 17 JUDGE TINLEY: You'd be a happy camper? 18 MR. ODOM: I'd be a happy camper. Legal would be 19 happy and not threaten me. 20 JUDGE TINLEY: A win-win deal. 21 COMMISSIONER MOSER: I move approval of the agenda 22 item. 23 COMMISSIONER LETZ: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval. Question or discussion? All in favor, signify by 9-23-13 26 1 raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: Motion carries. 6 MR. ODOM: Thank you. 7 JUDGE TINLEY: Let's go to Item 6; consider, 8 discuss, and take appropriate action regarding the Animal 9 Control audit. Mr. Robles? 10 MR. ROBLES: Good morning. Recently, our office 11 went out to the Animal Control facility to conduct an audit 12 and update our inventory list of their department. We 13 requested all cash, checks, receipts, and financial records 14 to make a cash count. Everything balanced and was in order. 15 After Mr. Garcia took over, he discovered a binder in their 16 safe containing cash and checks from cage and trap deposits. 17 He immediately contacted our office. In a collaborative 18 effort between the County Treasurer and Treasurer's office, 19 we have notified the public via letter of those outstanding 20 cage deposits. Since then, we have set up a liability line 21 Item, 10-202-400, to provide better tracking and accounting 22 of that. We recommend that the Animal Control facility 23 deposit those deposits to the Treasurer's office on a daily 24 basis along with everything else they deposit, such as the 25 other revenue. At this time, there were no other findings, 9-23-13 27 1 so good to go out there. 2 COMMISSIONER MOSER: James, a question. On your 3 report, -- 4 MR. ROBLES: Mm-hmm. 5 COMMISSIONER MOSER: -- in the summary, it counts 6 -- recounts the action. A summary of the cash accounts was 7 performed, an inventory was taken. So, what's the summary? 8 MR. ROBLES: Well, the summary was just to do the 9 surprise cash count on the 8th of August. 10 COMMISSIONER MOSER: So everything was good or 11 what? 12 MR. ROBLES: Yeah, the cash count was fine; 13 everything balanced. 14 COMMISSIONER MOSER: Okay, right. 15 MR. ROBLES: We were unaware of that binder in 16 there. It was in their safe. And when -- 17 COMMISSIONER MOSER: At one point, it was sort of a 18 recount of action, as opposed to what your summary -- 19 conclusion was in the summary. 20 MR. ROBLES: I suppose. 21 COMMISSIONER MOSER: You might want to, just for 22 the record, fix that. 23 MR. ROBLES: Okay. 24 COMMISSIONER MOSER: Okay? Good. 25 JUDGE TINLEY: What action are you asking the Court 9-23-13 28 1 to take, Mr. Robles? 2 MR. ROBLES: Nothing. We were just making the 3 Court aware that there was unaccounted cash and checks in 4 there. 5 JUDGE TINLEY: These are things that you do 6 annually with the various departments, and -- 7 MR. ROBLES: Yes. We perform -- 8 JUDGE TINLEY: And you provide copies of those 9 department audits to us. And the -- the agenda item calls 10 for appropriate action regarding the Animal Control audit, 11 but you're not asking us to -- 12 MR. ROBLES: No. 13 JUDGE TINLEY: -- approve them or anything? 14 MR. ROBLES: This is just to make y'all aware. 15 JUDGE TINLEY: Okay. Thank you, sir. 16 COMMISSIONER MOSER: Thanks. 17 JUDGE TINLEY: Let's go to Item 7; to consider, 18 discuss, take appropriate action to approve recommendation of 19 EMS Consultant Committee and authorize County Attorney to 20 negotiate contract or letter of engagement with selected 21 consultant. I put this on the agenda after the EMS committee 22 met. The committee is Commissioner Baldwin, myself, and the 23 County Attorney, and the recommendation that we bring to you 24 is that the County employ the Burns, Anderson, Jury and 25 Brenner firm out of Austin, Texas to work with us to prepare 9-23-13 29 1 anything we need to do in connection with going forward on 2 requesting RFP's, RFQ's in connection with Kerr County EMS 3 services. That's our recommendation. 4 COMMISSIONER BALDWIN: And a good one it is, sir. 5 JUDGE TINLEY: Yeah. 6 COMMISSIONER BALDWIN: Actually, those folks are 7 from the great state of Texas and have dealt with many 8 counties our size, and so they seem to be the better fit. 9 COMMISSIONER LETZ: So, what do we do now? 10 COMMISSIONER BALDWIN: We're going to authorize the 11 County Attorney to contact this guy and engage him. 12 COMMISSIONER LETZ: You're pointing at me. 13 COMMISSIONER BALDWIN: No, no, he's over here. 14 COMMISSIONER MOSER: So, what is the plan and the 15 schedule? 16 JUDGE TINLEY: Schedule is that if the Court 17 approves the recommendation today of the committee, and 18 authorizes the County Attorney to move forward to -- to 19 negotiate a contract or letter of engagement with these 20 individuals, once he's done that, he will bring that back to 21 us. And I suspect in the not-too-distant future, we will see 22 a representative from this firm here before us telling us 23 what they think our best plan should be to go forward on the 24 RFP's, RFQ's. 25 COMMISSIONER MOSER: Okay. How many -- how many 9-23-13 30 1 people submitted -- 2 JUDGE TINLEY: We had two. 3 COMMISSIONER MOSER: Two, all right. 4 JUDGE TINLEY: The other one was from North 5 Carolina. 6 COMMISSIONER BALDWIN: Yes, sir. 7 JUDGE TINLEY: Yeah. 8 COMMISSIONER MOSER: Okay. 9 COMMISSIONER BALDWIN: So -- 10 JUDGE TINLEY: Well-qualified firm, but the -- the 11 Burns firm, the projects that they've been involved in, a lot 12 of them, Blanco, Hays, Medina, Comal, the Marble Falls area, 13 just for example, for smaller -- on smaller rural counties 14 and whatnot, probably a little bit more familiar with those. 15 COMMISSIONER LETZ: So, the County Attorney will 16 come up with an engagement letter, and when that is done or 17 ready for approval, we'll probably meet with this firm at 18 that point? Or -- 19 COMMISSIONER BALDWIN: Yeah. Yeah, I want them in 20 here looking at every one of us. 21 COMMISSIONER LETZ: All right. Okay. 22 COMMISSIONER BALDWIN: And y'all looking at them. 23 COMMISSIONER LETZ: Okay. 24 COMMISSIONER BALDWIN: That's the only way we can 25 do that thing. I move for approval of the agenda item, 9-23-13 31 1 Judge. 2 COMMISSIONER OEHLER: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval of the agenda item. Question or discussion? All in 5 favor, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion carries. You got something 10 planned, Jon? 11 COMMISSIONER LETZ: No. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER LETZ: Just waiting for you. 14 JUDGE TINLEY: Okay. Let's go to Item 8; to 15 consider, discuss, take appropriate action to terminate 16 agreement with Tex.gov for e-filing services due to 17 State-mandated transition to TexFile for e-filing, and 18 authorize County Attorney to issue termination notice to the 19 Tex.gov Contract Department and the Texas Department of 20 Information and Resources. Ms. Pieper? 21 MS. PIEPER: Well, gentlemen, we're getting ready 22 to switch over to TexFile, so we need authorization for the 23 County Attorney to terminate Tex.gov. 24 JUDGE TINLEY: This is just a formality in order to 25 get from Point A to Point B, isn't it? 9-23-13 32 1 MS. PIEPER: That's correct. 2 COMMISSIONER OEHLER: We discussed this last 3 meeting. 4 MR. HENNEKE: And this is -- the State set this up, 5 so the one we're terminating with is being very friendly 6 about having their contract terminated. 7 COMMISSIONER MOSER: Okay. 8 COMMISSIONER LETZ: I move approval. 9 COMMISSIONER OEHLER: Second. 10 COMMISSIONER MOSER: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval of the agenda item. Question or discussion? All in 13 favor, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. Let's go to Item 9; 18 to consider, discuss, and take appropriate action to set the 19 fees paid to jurors as per Chapter 61, Texas Government Code. 20 Recommendations from the District and County Clerk: First 21 day reported, $10, no change. First day reported and 22 selected, $20, no change. Second and each additional day, 23 $40. Currently, it's $30. Ms. Pieper? 24 MS. PIEPER: Gentlemen, we received a letter from 25 the Comptroller of Public Accounts, and so this is basically 9-23-13 33 1 per their statute. Basically, all we're going to do is 2 change the second and each additional day back up to 40. 3 COMMISSIONER BALDWIN: There is dedicated money to 4 fund it? 5 MS. PIEPER: Each -- each case that there's a jury, 6 it's $22 that we collect, but there is a -- I believe it's a 7 $4 jury fee. Anyway, all this money goes to the state, and 8 then when we have juries, then we have to submit for 9 reimbursement, and I think it's -- $35? 10 MS. BURLEW: 36. 11 MS. PIEPER: $36 per person. So, I don't know that 12 we actually get all of our money back, but we have no choice. 13 This is law. 14 COMMISSIONER BALDWIN: Is this money in a line item 15 in the budget? 16 COMMISSIONER OEHLER: Should be in the jury fund. 17 COMMISSIONER BALDWIN: The jury fund is a 18 dedicated -- 19 MS. PIEPER: Yes. 20 COMMISSIONER BALDWIN: Does anybody care or what? 21 COMMISSIONER LETZ: If you're on a jury, you care. 22 COMMISSIONER BALDWIN: Yeah, I do. I care. 23 COMMISSIONER MOSER: So, why is there a 30 percent 24 increase in each additional day? 25 MS. PIEPER: Because Chapter 61 of the Texas 9-23-13 34 1 Government Code states that that's what we have to pay. 2 COMMISSIONER BALDWIN: That's a pretty good reason. 3 COMMISSIONER MOSER: And so that's in our current 4 budget this year? Or next year, I should say. 5 JUDGE TINLEY: It has to be. 6 COMMISSIONER MOSER: Okay, so it's in there. 7 JUDGE TINLEY: Yeah. 8 COMMISSIONER MOSER: Okay. 9 COMMISSIONER LETZ: Move approval. 10 COMMISSIONER OEHLER: Second. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval. Question or discussion? All in favor, signify by 14 raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion carries. Let's go to Item 19 10; to consider, discuss, and take appropriate action to 20 approve the agreement for Lexis-Nexis for record searches for 21 the Court Compliance, and authorize County Judge to sign 22 same. 23 MS. PIEPER: The County Attorney and I have been 24 talking and discussing about this Lexis-Nexis, and the last 25 time we were here, he wanted the contract to read in the name 9-23-13 35 1 of Kerr County. And I -- I don't know all their lingual 2 stuff, but basically they said that they could do Kerr 3 County, dash, Kerr County Clerks, meaning County and District 4 Clerks, if y'all would approve that. 5 MR. HENNEKE: The issue last time was that the 6 proposed agreement was just for Jannett's office, and Robbin 7 would also need an agreement, and so the Court sent it back 8 for Robbin and Jannett to get together and get one agreement 9 that covered both of their offices, and that's what this 10 does, so that they can do the search for people to look up 11 people who haven't paid their fines and court costs. 12 COMMISSIONER MOSER: So that's the service they 13 provide, is what you just said? 14 MR. HENNEKE: Lexis-Nexis? Yes, this is what this 15 contract is for. You can put in somebody's name or 16 somebody's driver's license, and it'll help find an address 17 or phone number. 18 COMMISSIONER MOSER: Got you, okay. 19 MS. PIEPER: This is what our Court Compliance 20 people will be using. 21 COMMISSIONER MOSER: I just didn't understand what 22 services they provided, but thank you. 23 JUDGE TINLEY: How many total departments do we 24 have that need search -- search info? We got the two Court 25 Compliance provisions. 9-23-13 36 1 SHERIFF HIERHOLZER: We come over and use it at 2 times, or get them to do it for us, on wanted people. 3 MR. GARCIA: We use it also. 4 SHERIFF HIERHOLZER: But we're using it off their 5 deal. 6 JUDGE TINLEY: My point is, we might be able to 7 negotiate a -- a multi-user contract where we can control 8 where these are. 9 MR. HENNEKE: We could add -- for additional cost, 10 we could add additional user fees. I believe what the 11 Sheriff and Ray were saying is that when he needs to look 12 somebody up, they have -- or they have had Court Compliance 13 just look it up for them. And they can do the same, but if 14 we wanted to add additional users and departments, I'm sure 15 we can do so, but it would increase the cost of the -- of the 16 agreement with Lexis-Nexis. Basically, it's a per-user 17 thing, and so -- 18 JUDGE TINLEY: Yeah, it's a licensing-type deal. 19 And we've got licenses for the District Clerk and the County 20 Clerk's office to replace what we had in Court Compliance. 21 COMMISSIONER LETZ: As long as it's not causing a 22 problem for Rusty to have to wait and do it, or for Ray or 23 any departments using it, I mean, keep it the way it is. But 24 if it becomes -- if it's going to be a personnel cost savings 25 to add users, whichever makes more sense, and it's up to the 9-23-13 37 1 elected officials/department heads to determine what's more 2 effective for them. 3 SHERIFF HIERHOLZER: Well, we don't use it all that 4 often, okay, but we do use it when we really have somebody 5 we're trying to find that we think has absconded or, you 6 know, may have relatives somewhere else, 'cause you can find 7 all that. The only thing I would want to make sure is, you 8 know -- 9 COMMISSIONER OEHLER: So, you really couldn't 10 justify having that. 11 SHERIFF HIERHOLZER: I could justify it easily. 12 COMMISSIONER OEHLER: I mean, it's really not used 13 that much, so it's really not a big deal. You could do it 14 like you're doing it now. 15 SHERIFF HIERHOLZER: The only question I would 16 have, I would want to make sure, especially under the new 17 agreement, that doing that, we're not violating the agreement 18 they're signing with Lexis-Nexis. 19 COMMISSIONER MOSER: Right. 20 MR. GARCIA: I was also told that we -- she could 21 no longer search for us because of her -- I don't know if 22 Rusty was told that either. She couldn't do any more 23 searches for us because of some policy that they had in 24 place. So -- 25 SHERIFF HIERHOLZER: If that affects that, then 9-23-13 38 1 we'll need it. 2 JUDGE TINLEY: Is the cost per license cheaper on a 3 multiple basis? 4 MR. HENNEKE: No, sir. 5 JUDGE TINLEY: Okay. 6 MR. HENNEKE: It's per -- per head cost. 7 JUDGE TINLEY: Yeah. 8 MR. HENNEKE: Ten heads, five heads, you know. 9 JUDGE TINLEY: And no break as you get more? 10 MR. HENNEKE: Not at the size that we would use it. 11 I mean, if we're Harris County, probably. 12 JUDGE TINLEY: If you get to 150, you may get a 13 break, huh? 14 MR. HENNEKE: If we gave everybody in Kerr County a 15 license, they might work with us. But -- 16 COMMISSIONER MOSER: So, the contract we would have 17 with them is okay if Rusty goes to Jannett or somebody and 18 says, "Look this up for me," even though she's the only -- 19 he's not part of the agreement? 20 SHERIFF HIERHOLZER: If it states in that contract 21 that user can't, I don't want to force that user. I don't 22 know what the new contract is. I don't want to force that 23 user to violate the contract by -- 24 COMMISSIONER MOSER: That's my question. It's kind 25 of like licensing for software or something, you know. 9-23-13 39 1 MR. HENNEKE: Lexis-Nexis would be glad to take as 2 much of our money as we would pay them. 3 COMMISSIONER MOSER: That wasn't my question. 4 MR. HENNEKE: The user agreements, you know, 5 Jannett can't give her password out. But, you know, if -- 6 you know, Lexis would probably prefer for every single 7 department to have their own user agreement, and for 8 everybody to pay for it separately. 9 COMMISSIONER MOSER: So, what would the County 10 Attorney's position be on that? 11 MR. HENNEKE: I'll go back and talk to Lexis-Nexis 12 if y'all want me to visit with them about it. 13 COMMISSIONER LETZ: Do you think we would be 14 violating any agreements if we just -- 15 COMMISSIONER MOSER: That's my question. 16 COMMISSIONER LETZ: -- if we have Rusty go to 17 either Robbin or Jannett's office and ask them to do a 18 search? 19 MR. HENNEKE: It's a search being done by Jannett, 20 and this agreement is with Kerr County for use by the County 21 Clerk's office and the District Clerk's Office. But it 22 doesn't specify how the clerk's office uses it. It's just a 23 license for Jannett's office and a license for Robbin's 24 office, so it has to be used by Jannett's office. But I 25 don't see that they're, you know, micromanaging why Jannett's 9-23-13 40 1 office would look somebody up. I mean, it would be -- if it 2 was a -- if y'all want to specifically, you know, have me go 3 back and visit with Lexis about that, I'd be glad to. 4 JUDGE TINLEY: Well, if there's no volume break for 5 multiple licenses, we're still running back here to where we 6 are from Ms. Pieper for her office, and -- 7 MS. PIEPER: Well, more than likely anybody he 8 searches for probably owes either the County or District 9 Clerk money. 10 COMMISSIONER LETZ: I think just leave it the way 11 it is. If it becomes a problem, we can try to add. I 12 move -- do we have a motion? 13 THE CLERK: No, sir. 14 COMMISSIONER LETZ: No? I move approval, that we 15 approve the contract with Nexis-Lexis. 16 COMMISSIONER MOSER: Second. 17 JUDGE TINLEY: And authorize me to sign it? 18 COMMISSIONER LETZ: Yes, sir. 19 JUDGE TINLEY: Motion made and seconded as 20 indicated. Question or discussion? All in favor, signify by 21 raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. Let's go to Item 9-23-13 41 1 11; to consider, discuss, take appropriate action to approve 2 the County Clerk's fees as presented. 3 MS. PIEPER: Gentlemen, we -- 4 JUDGE TINLEY: You do have a few, don't you? 5 MS. PIEPER: I do have a few. And I was going to 6 go through our computer software and -- and put down all the 7 different Commissioners Court orders, but they're scattered 8 all over the place, and there's one or two I can't find. I'm 9 sure it's there, but I can't find it. So, I thought it'd 10 really just be easier for me to gather all my fees together 11 and come and get one court order. So, basically, this is 12 what I'm doing. Everything is set out by statute, but a 13 couple of the statutes say upon Commissioners Court approval, 14 and not to exceed a particular amount. Well, history has 15 always shown that we come before y'all, and you have always 16 set the maximum amount, so I didn't change any of those 17 amounts at all. For instance, courthouse security. The 18 statute says one dollar for, like, the official public 19 records filing. I think there's -- I had this all down 20 earlier. Marriage license, a dollar. And this -- 21 JUDGE TINLEY: So your purpose in presenting this 22 today is to make sure you have all these approved by the 23 Court, rather than trying to run down a whole bunch of 24 individual court orders and see how many gaps you got to 25 fill, and -- 9-23-13 42 1 MS. PIEPER: Correct. 2 JUDGE TINLEY: Plus on those cases where the 3 statute says upon Commissioners Court approval. 4 MS. PIEPER: That is correct. 5 JUDGE TINLEY: Makes sense to me. 6 COMMISSIONER LETZ: I think this is a great way to 7 do it so we have one document that keeps track of them all, 8 and it can be updated. 9 MS. PIEPER: Well, there's -- occasionally, the 10 general public will question me about a fee, and normally I 11 just give them the statute and they're fine with it. But I 12 think if I have a Commissioners Court order to back it up as 13 well, then I think that kind of helps ease their mind. 14 COMMISSIONER OEHLER: I've seen something like this 15 before. 16 COMMISSIONER LETZ: I didn't realize that you had 17 that many fees. 18 COMMISSIONER OEHLER: I didn't realize how many 19 fees either. 20 MS. PIEPER: I've been working on this for a couple 21 of months, and between Cheryl and I, you know, we look up 22 statutes, we make sure computers are programmed accurately, 23 'cause just by chance, if that Comptroller comes in and 24 audits us again, we want to make sure everything's correct. 25 And so far, we've had to make a couple of changes and a 9-23-13 43 1 couple of additions, but we think we've got it down now. 2 COMMISSIONER BALDWIN: I think it's an excellent 3 way to do it, as long as these numbers are correct. If your 4 numbers are not correct, we have some issues. If you say 5 that they are, they are. 6 MS. PIEPER: And the additional fees in the back, 7 that's actually peace officer fees, and those were -- those 8 are set out by -- 9 JUDGE TINLEY: Sheriff/constable fees? 10 MS. PIEPER: Sheriff and constable fees. Although, 11 you know, we still have to collect those fees, like when 12 somebody's arrested or whatever, or bonds out. 13 JUDGE TINLEY: Do they coincide with the fees which 14 we certify to the Comptroller's office annually? 15 MS. PIEPER: Some of them do, yes. Some of them do 16 not. It's strictly by statute. For instance, a DWI. If 17 somebody gets arrested for a DWI, it wasn't in the Sheriff 18 and constables' fees, because there is a $100 fee that we 19 have to charge on every conviction for a DWI. 20 JUDGE TINLEY: Okay. 21 MS. PIEPER: And that's an EMS trauma fund. 22 JUDGE TINLEY: With regards to those fees that the 23 Sheriff and constables charge, that we certify to the 24 Comptroller, -- 25 MS. PIEPER: Yes. And those -- 9-23-13 44 1 JUDGE TINLEY: -- to the extent any of those are in 2 there, they're the same ones? 3 MS. PIEPER: They are the same ones, yes, sir. 4 JUDGE TINLEY: All right. 5 COMMISSIONER OEHLER: Now we're getting there. 6 COMMISSIONER LETZ: I move we -- do we approve 7 them? 'Cause a lot of these, we really don't approve. 8 JUDGE TINLEY: Yeah, we approve them. 9 COMMISSIONER LETZ: I'll make a motion that we 10 approve the fees as presented by the County Clerk. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded as 13 indicated. Question or discussion? All in favor, signify by 14 raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion carries. Let's go to 19 Item 13; to consider, discuss, take appropriate action on 20 implementation of the burn ban. This is one of those 90-day 21 rollover deals. 22 COMMISSIONER BALDWIN: So moved. 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval. Question or discussion? All in favor, signify by 9-23-13 45 1 raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: Motion carries. Item 14; consider, 6 discuss, take appropriate action to authorize County Auditor 7 to do the audit for ESD 1 when records become available. 8 Commissioner Oehler? 9 COMMISSIONER OEHLER: Move approval. 10 COMMISSIONER LETZ: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. Question or discussion? All in favor, raise your 13 right -- 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. You guys are 18 responding pretty good for me today. 19 COMMISSIONER MOSER: Yeah, we want to get out of 20 here. 21 JUDGE TINLEY: Let's go to Item 15; consider, 22 discuss, take appropriate action to appoint Ken Edwards to 23 ESD Number 2 for two-year term. Commissioner Oehler? 24 COMMISSIONER OEHLER: I move approval of the agenda 25 item. We got a new man on the job. We have one that is 9-23-13 46 1 resigning, and this is going to start -- be effective 2 October 1. 3 JUDGE TINLEY: I saw the newspaper article, and 4 they mentioned that he was going off the board, and that they 5 contacted you and were to get one in the chute. 6 COMMISSIONER OEHLER: And I have helped with that, 7 and it's done. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER MOSER: Were there other people that 10 said they were interested? Or just -- 11 COMMISSIONER OEHLER: Only one. I had one other 12 one, but he came in after the fact, and no big deal for him. 13 We'll save him for the next time. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER OEHLER: This is ESD Number 2 in my 16 precinct. 17 COMMISSIONER LETZ: You make a motion yet? 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Yeah, and now we have a second. Any 20 further question or discussion? All in favor, signify by 21 raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. Commissioner Moser 9-23-13 47 1 has asked to pass on Item 16. I assume, Commissioner Letz, 2 Item 17 is still an executive session type item? 3 COMMISSIONER LETZ: Yes, sir. 4 JUDGE TINLEY: All right. Let's go to Section 4 of 5 the -- 6 COMMISSIONER MOSER: Did we skip 12? 7 COMMISSIONER OEHLER: We missed one. 8 MR. HENNEKE: Timed item. 9 COMMISSIONER LETZ: It's not 10:15. 10 COMMISSIONER MOSER: Yeah, it is. Somewhere. 11 JUDGE TINLEY: Yeah. Section 4, payment of the 12 bills. 13 COMMISSIONER BALDWIN: I move we pay the bills. 14 COMMISSIONER MOSER: Second. 15 JUDGE TINLEY: Motion made and seconded to pay the 16 bills. Sheriff has indicated that one bill be pulled until 17 we look at it more. Any question or discussion? All in 18 favor, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion carries. Budget amendments. 23 Boy, thank goodness this is the last meeting for all these, 24 isn't it? 25 MR. ROBLES: Tell me about it. 9-23-13 48 1 JUDGE TINLEY: Robbing Peter to pay Paul. Robbing 2 anybody. Doesn't make any -- not even your Peter to pay 3 Paul, somebody else's. 4 COMMISSIONER OEHLER: Most of them are just robbing 5 one item -- line item to pay -- 6 JUDGE TINLEY: Or somebody else's. 7 MR. ROBLES: No, I think we stayed all in the same 8 department. 9 COMMISSIONER LETZ: I move we approve Budget 10 Amendments 1 through 31. 11 JUDGE TINLEY: I have a motion. Do I hear a 12 second? 13 COMMISSIONER OEHLER: Second. 14 JUDGE TINLEY: I have a motion and a second. 15 Question or discussion on the budget amendments? All in 16 favor, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion carries. Late bills. It 21 appears that we have two late bills, one to Crenwelge Motors 22 for -- 23 MR. ROBLES: Environmental Health. 24 JUDGE TINLEY: -- the truck for Environmental 25 Health, and the other is to pay the good folks of MGT of 9-23-13 49 1 America who were here earlier just today. And is that the 2 final payment to them? 3 MR. ROBLES: I believe so. 4 JUDGE TINLEY: Okay. Okay. And I notice -- 5 MS. LANTZ: I have one more. 6 MR. ROBLES: One more? 7 MS. LANTZ: One more. 8 COMMISSIONER LETZ: I move approval. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Question or discussion? All in favor, signify by 12 raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. I've been presented 17 with monthly reports for August 2013 from the Kerr County 18 Treasurer, District Clerk, Justice of the Peace, Precinct 1, 19 Justice of the Peace, Precinct 4. Do I hear a motion that 20 the indicated reports -- 21 COMMISSIONER BALDWIN: So moved. 22 JUDGE TINLEY: -- be approved as presented? 23 COMMISSIONER MOSER: Second. 24 JUDGE TINLEY: Motion made and seconded that the 25 indicated reports be approved as presented. Question or 9-23-13 50 1 discussion? All in favor, signify by raising your right 2 hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: Motion carries. Okay, Item 5, 7 reports from Commissioners in connection with their liaison 8 assignments. Commissioner Baldwin? 9 COMMISSIONER BALDWIN: I don't have anything to 10 report. Just doing it. 11 JUDGE TINLEY: Commissioner Moser? 12 COMMISSIONER MOSER: Nothing to report. 13 JUDGE TINLEY: Commissioner Letz? 14 COMMISSIONER LETZ: Nothing. 15 JUDGE TINLEY: Commissioner Oehler? 16 COMMISSIONER OEHLER: No, I don't believe so. 17 Thank you. 18 JUDGE TINLEY: Okay. Elected officials, department 19 heads? 20 MR. BOLLIER: No, sir. 21 MS. BURLEW: No, sir. 22 MS. PIEPER: Nothing. 23 JUDGE TINLEY: Is there some kind of an event going 24 on that everybody's in a hurry to get to today? 25 COMMISSIONER BALDWIN: I think so. 9-23-13 51 1 COMMISSIONER MOSER: Beautiful weather. 2 MS. LANTZ: We're all happy. 3 MR. HENNEKE: Jennifer -- Jennifer Johnson has left 4 the County Attorney's office to go work for her family's 5 business, and Jackie Dowdy has been hired to come work and 6 replace her, so if y'all have a chance to stop by and say 7 hello, please do so. 8 JUDGE TINLEY: Great. 9 COMMISSIONER OEHLER: I'll remind everybody that 10 this coming Saturday is the stock show fundraiser -- annual 11 fundraiser, and hope everybody that wants to go will, and 12 support that. And it's a good event. I understand that they 13 have the largest number of corporate tables they've ever 14 sold, so there is some interest for that facility and some 15 good things happening, and encourage everybody to support it. 16 COMMISSIONER MOSER: I wanted to bring up one other 17 thing, too. October the 7th, Monday, a fundraising golf 18 tournament for the benefit of the Wounded Warriors. It's all 19 local, for the Wounded Warriors locally here for next year, 20 and for the Republican party. 21 JUDGE TINLEY: That's jointly? 22 COMMISSIONER MOSER: Jointly, proceeds to be shared 23 50/50 between the two organizations. So, so far there's been 24 a good response, but we'll encourage everybody to come out 25 and participate or be a hole sponsor or donate. I'm sure 9-23-13 52 1 we'll have some stuff -- some shrubbery and stuff from 2 whoever's in the landscape business that will probably donate 3 to that type thing. So -- 4 COMMISSIONER BALDWIN: Trees. 5 COMMISSIONER MOSER: Trees. 6 COMMISSIONER OEHLER: Somebody that's not already 7 has. 8 COMMISSIONER MOSER: That's all I have. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER LETZ: I know in addition to the stock 11 show, there's also the Comfort Public Library fundraiser this 12 weekend. 13 COMMISSIONER BALDWIN: Oh, that's right. 14 COMMISSIONER LETZ: Same night. It's pretty good, 15 and it will be held at the about-to-be-reopened store -- 16 COMMISSIONER BALDWIN: Ingenhuett. 17 COMMISSIONER LETZ: -- that burned down five, six 18 years ago. It's being reopened as a -- or the remodeling has 19 been completed. It will not be a general store when it 20 opens, but it will be a -- a very nice looking building 21 downtown. 22 COMMISSIONER MOSER: What will it be? 23 COMMISSIONER LETZ: Unknown. Craig Leeder, who is 24 the person who purchased it and remodeled it, has done a 25 great job. Phenomenal quality. And I talked to him last 9-23-13 53 1 week and asked what he was going to do with it. He says he 2 has no idea. 3 COMMISSIONER MOSER: Okay. 4 COMMISSIONER LETZ: I think he probably has an 5 idea; he just wasn't saying. 6 COMMISSIONER OEHLER: Well, the other thing is that 7 contrary to some -- some things that go on, the Hill Country 8 Telephone annual meeting will be the following Monday after 9 the Stock Show fundraiser on Saturday, so there's about 900 10 people that show up to that every year, and it's kind of like 11 cramming sardines in a small can. But, you know, that does 12 happen every year. 13 JUDGE TINLEY: Yeah. 14 COMMISSIONER OEHLER: Contrary to some things we're 15 not told. 16 JUDGE TINLEY: Well, they've been patient and 17 stayed with us. 18 COMMISSIONER OEHLER: Long time. 19 JUDGE TINLEY: Okay. Why don't we get -- go into 20 recess here for about 15, 20 minutes, and we'll come back and 21 take up item... 22 COMMISSIONER BALDWIN: While we're in recess, why 23 don't we take a break? 24 (Recess taken from 10:01 a.m. to 10:20 a.m.) 25 - - - - - - - - - - 9-23-13 54 1 JUDGE TINLEY: Okay, let's come back to order, if 2 we might, from our recess. Let's go to Item 12; to consider, 3 discuss, take appropriate action on District Judges' request 4 for budget amendment related to courthouse security. Which 5 one of you gentlemen wants to run with this ball? 6 JUDGE WILLIAMS: Probably both. 7 COMMISSIONER BALDWIN: Here, I'll do it. 8 JUDGE WILLIAMS: Buster, how are you? Would you 9 please come right here? 10 COMMISSIONER BALDWIN: No, thank you. 11 JUDGE WILLIAMS: Just a few remarks. We're going 12 to pass on what we had originally placed the agenda. Because 13 of the -- we feel like there's a real significant need, 14 especially in light of all the circumstances that have 15 happened over last few years in certain public facilities, 16 and in conferences we've attended where the -- you know, they 17 emphasize the significance of the need of overall courthouse 18 security. And we just wanted to request respectfully that 19 the Court take -- the Commissioners Court take advantage of 20 some of the free services offered by the United States -- 21 JUDGE EMERSON: U.S. Marshals Services. 22 JUDGE WILLIAMS: -- U.S. Marshals Services to give 23 an overall review of our status of our courthouse security. 24 And rather than piecemeal it or do a little bit here and a 25 little bit there, to look at it from an overall security 9-23-13 55 1 standpoint. You know, hopefully nothing will ever happen, 2 and -- but we know that things can and do. This courthouse 3 overall, the work that you do you down here, as well as the 4 work we do upstairs, and the work the County Court at Law 5 does, there's a lot of angry people and a lot of angry family 6 members. And as it stands right now, we have -- we have 7 some -- I think some real significant needs, and it needs to 8 be addressed here in the Kerr County Courthouse. As far as 9 dealing with security, I know that Sheriff Hierholzer may 10 want to address that. This is something that we've mentioned 11 and brought up to several of y'all and to Sheriff Hierholzer 12 in the past few years, but we wanted to officially make the 13 request so that we can get an assessment or evaluation done, 14 and maybe follow up once that's done and kind of see where we 15 go from there. 16 We have in mind certain things that could be a 17 legitimate -- pretty good overall fix, but we're -- neither 18 one of us are security experts, and I think that would be the 19 appropriate way to go, since it's going to be done free, with 20 no charge. But for the implementation of it, we don't know 21 what the cost of that would be, nor do we know right now 22 exactly what they would recommend. But not being a real 23 large courthouse, it's not going to be some enormous, 24 complicated fix like it may be in the larger urban 25 courthouses. So, we simply want to make an official request 9-23-13 56 1 that y'all follow up on that, or any other security-related 2 agency that may want to be -- could be retained or hired for 3 a follow-up evaluation, assessment of our situation. And so 4 we just -- we'd like to respectfully make that request that 5 we pursue that, and pursue it this -- this following year as 6 best we can. 7 JUDGE TINLEY: Sheriff, are you on board with the 8 U.S. Marshals Service? 9 SHERIFF HIERHOLZER: They -- they had done one a 10 number of years ago here. I had Charlie trying to find it 11 again to relook at it. But I'd also asked Lee Behrens, the 12 sergeant that takes care of Charlie Witt and them here at the 13 courthouse, to go ahead and make contact. We did that last 14 week, to make contact with them and see if we could get the 15 U.S. Marshals to give us another study on courthouse security 16 on what it would take to modify this courthouse. Because 17 there are some issues with the number of entrances and the 18 way this courthouse is laid out. But, you know, as long as, 19 you know, I can afford it inside my current courthouse 20 security budget, I don't have any problem in working with the 21 -- with the Judges and all the other elected officials. We 22 kind of had an incident that just brought it up to 23 everybody's attention. 24 JUDGE TINLEY: You've already got this under way? 25 SHERIFF HIERHOLZER: Yes, sir. 9-23-13 57 1 JUDGE TINLEY: Okay. 2 COMMISSIONER MOSER: So the U.S. Marshal's Service 3 will -- 4 JUDGE TINLEY: I'm sorry? 5 COMMISSIONER MOSER: So the U.S. Marshals Services 6 will just take a look and see what recommended changes need 7 to be made? 8 SHERIFF HIERHOLZER: Right. 9 COMMISSIONER MOSER: They're not part of the 10 funding -- 11 SHERIFF HIERHOLZER: Right. And both our 12 courthouse -- both officers that I've assigned to the 13 courthouse have been through the courthouse security training 14 and everything; we send them through those schools to know 15 what to look for and how to look for it. And, you know, we 16 had a lot of things, but unfortunately, this courthouse is 17 sometimes more programmed to be reactive than proactive. And 18 I agree with what the Judges suggest that we do, and I will 19 look into it. 20 JUDGE TINLEY: Let's get the -- let's get the 21 experts to give us an assessment, and then we'll look at the 22 -- the one, two, threes of what the proposals are and put a 23 price tag on each one of those, and we'll see where we can 24 go. 25 JUDGE WILLIAMS: Sheriff, if you could give them 9-23-13 58 1 the information on who to contact there so they can make the 2 appropriate contacts so we can have some sort of follow-up 3 date, we would like to follow up on it in these next two, 4 three months. 5 JUDGE TINLEY: He's already got it going. 6 SHERIFF HIERHOLZER: I've already told them to 7 contact them. We contacted them, we scheduled it, and it 8 will be worked through our office, and then we'll make a 9 report to the Commissioners Court, and if y'all want to know. 10 But those kind of things, we normally don't make too big a 11 report on, but I will be more than happy to keep these 12 people -- 13 JUDGE TINLEY: He's already got it under way. 14 JUDGE WILLIAMS: All right. Appreciate y'all's 15 time. 16 JUDGE EMERSON: Thank you, gentlemen. 17 COMMISSIONER BALDWIN: Good to see y'all. 18 COMMISSIONER OEHLER: Thank you for coming. 19 COMMISSIONER BALDWIN: Y'all look nice. 20 JUDGE EMERSON: Like the matching coats? We did 21 that for you, Buster. (Laughter.) 22 COMMISSIONER BALDWIN: Thank you. Such nice boys, 23 aren't they? 24 JUDGE TINLEY: Okay. Looks like the only thing 25 we've got left on the agenda is Item 17, which is an 9-23-13 59 1 executive session item. So, at this time, 10:25, the Court 2 will go out of open or public session for the purpose of 3 going into executive session to consider Item 17. 4 (The open session was closed at 10:25 a.m., and an executive session was held, the transcript of which 5 is contained in a separate document.) 6 - - - - - - - - - - 7 JUDGE TINLEY: Okay. It's 10:42, and we're back in 8 public or open session. Any member of the Court have 9 anything to offer with respect to items considered in 10 executive session? Any member of the Court have anything in 11 connection with this agenda for today? 12 COMMISSIONER MOSER: Move that we adjourn. 13 JUDGE TINLEY: Hearing nothing, we are adjourned. 14 (Commissioners Court adjourned at 10:42 a.m.) 15 - - - - - - - - - - 16 17 18 19 20 21 22 23 24 25 9-23-13 60 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 25th day of September, 8 2013. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 9-23-13