1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, December 9, 2013 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 23 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 24 BRUCE OEHLER, Commissioner Pct. 4 25 ABSENT: PAT TINLEY, Kerr County Judge 2 1 I N D E X December 9, 2013 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Public Hearing regarding proposed private road name change from Jazz Lane West to Twisted Oak 5 Drive West, Precinct 4 7 6 1.2 Consider/discuss, take appropriate action for final approval regarding proposed private road 7 name change from Jazz Lane West to Twisted Oak Drive West, Precinct 4 8 8 1.15 Consider/discuss, take appropriate action to 9 approve job description for Veteran Services Officer position 9 10 1.3 Consider/discuss, take appropriate action to 11 open, read, and award annual bids for road base, cold mix, aggregate, emulsion oil, and corrugated 12 metal pipe 16, 70 13 1.4 Consider/discuss, take appropriate action for final approval regarding plat for Monarch Hills 14 Subdivision, Precinct 3 19 15 1.5 Consider/discuss, take appropriate action on request from Kerr County Roller Derby to continue 16 to use Show Barn at HCYEC for practices & events 21 17 1.11 Consider/discuss, take appropriate action to authorize County Judge to execute construction 18 contract with M & C Fonseca, Kerr County-Kerrville South Sewer Project, TxCDBG Contract No. 712025 25 19 1.12 Consider/discuss, take appropriate action on 20 approval and authorization to execute temporary construction easements for Kerrville South Sewer 21 Project, TxCDBG Contract No. 712025 26 22 1.6 Consider/discuss, take appropriate action to allocate votes for election of 2014-2015 Board 23 of Directors for Kerr Central Appraisal District 27 24 1.7 Consider/discuss, take appropriate action to appoint Chris Hughes to replace Bud Fawcett, and 25 reappoint Donna Damon and Greg Meyer to ESD #1 Board of Commissioners for two-year terms 28 3 1 I N D E X (Continued) December 9, 2013 2 PAGE 1.8 Consider/discuss, take appropriate action to 3 reappoint Ben Alves, Linda Garrett, and Bob Reeves to ESD #2 Board of Commissioners for 4 two-year terms 29 5 1.10 Consider/discuss, take appropriate action regarding Kerr County First Responder Program, 6 including approval of applicants and adoption of criteria, policies, and procedures 30 7 1.9 Consider/discuss, take appropriate action on 8 utilities survey results done by MHSC Energy 46 9 1.13 Consider/discuss, take appropriate action to appoint Courthouse Law Librarian 61 10 1.14 Consider/discuss, take appropriate action 11 regarding Kerr County’s application for TxDOT grants to improve county roads per H.B.1025 66 12 1.16 Consider/discuss, take appropriate action to 13 address possibility of prohibiting the sale or use of restricted fireworks (“skyrockets with 14 sticks” and “missiles with fins”) in any portion of the unincorporated area of Kerr County pursuant 15 to Local Government Code §352.051 for December fireworks season 72 16 1.17 Consider/discuss, take appropriate action to 17 approve request to reorganize and rename Environmental Health and Animal Control Depts. 72 18 1.18 Consider/discuss, take appropriate action to 19 approve job description and position schedule for Environmental Health and Animal Control Depts. 73 20 4.1 Pay Bills 76 21 4.2 Budget Amendments -- 4.3 Late Bills 76 22 4.4 Approve and Accept Monthly Reports 77 23 5.1 Reports from Commissioners/Liaison Committee Assignments 77 24 5.2 Reports from Elected Officials/Department Heads 83 25 --- Adjourned 93 4 1 On Monday, December 9, 2013, at 9:00 a.m., a regular 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 COMMISSIONER BALDWIN: Good morning, ladies and 8 gentlemen. We'll open the court. This is Kerr County 9 Commissioners Court. It's 9 a.m. Monday, December 9. We're 10 in the Commissioners Courtroom in the Kerr County Courthouse. 11 Commissioner Oehler? 12 COMMISSIONER OEHLER: Yes. Rise for a word of 13 prayer, and followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 COMMISSIONER BALDWIN: Thank you very much. You 16 may be seated. Daily Times, did you pray with us while you 17 were out in the hall? 18 MR. ARMSTRONG: Yes, sir, I did. 19 COMMISSIONER BALDWIN: We can go back and do it 20 again if it's necessary. Okay, if there's anyone -- any 21 member of the audience that has anything on their mind that 22 is not an agenda item, please come forward and address the 23 Court at the podium, please. And if you want to address the 24 Court on any item that is an agenda item, we ask you to fill 25 out a form that's in the back of the room, or if you can get 12-09-13 5 1 my -- get my attention, we'll sure get to you. So, seeing no 2 one coming to address the Court, we'll move into the 3 Commissioners Court comments. Commissioner Oehler, do you 4 have anything for us? 5 COMMISSIONER OEHLER: No, I don't. 6 COMMISSIONER BALDWIN: Good. Commissioner 2? 7 COMMISSIONER MOSER: Couple of things. Let's see, 8 the 28th annual tree-lighting thing at Center Point 9 yesterday. Very, very effective; very good. The weather 10 supported that. And I may have to leave a little bit early 11 today, so I'm going to cover some of the things I was going 12 to cover at the end. The -- Roy Walston had his -- and 13 Commissioner Letz was there -- had his annual AgriLife 14 meeting the other day. They -- they have done so well in 15 every one of the areas that they support and -- and lead. 16 It's, you know, fantastic. So, good reports from them. 17 Another thing, Dora Townsend, 50-year resident of Center 18 Point, died this past week. Her funeral was Friday. Big 19 turnout. She was really a -- a pioneer in that area, and did 20 a lot for all of that -- that end of the county, and probably 21 a lot more in the county. 22 The Sheriff had an unannounced inspection of his 23 facility. I went out there for part of that and the 24 debriefing. It was -- he got a Grade A, I would call it, 25 even though they don't grade it that way. But kudos to -- to 12-09-13 6 1 the Sheriff and to Tim, okay, because everything -- correct 2 me if I'm wrong here, Sheriff. Everything was in operational 3 order at the jail. I mean, it was -- the lady couldn't say 4 enough good things about how that system was working out 5 there. And one other thing at the airport. There's been a 6 lot of discussion about what's happening out there. There's 7 three major things that are happening at the airport. 8 There's T-hangars that are looking to be built in-house. 9 It's a matter of deciding how many, and Len Odom is going to 10 be participating in that, along with the City, and doing some 11 of the work. The other thing is the Brinkman hangar, which 12 the City/County get that facility at the end of this year, 13 and that's going to be a big ditty on -- on potential 14 revenue. And the other thing is Mooney. Mooney is -- has 15 not revealed a lot of their information, but those three 16 things play together in -- in how they're going to balance 17 some of the additional work out at the -- out at the airport, 18 but it's going to be really big and very important, so stay 19 tuned. That's it. Thank you. 20 COMMISSIONER BALDWIN: Thank you. Commissioner 21 Letz? 22 COMMISSIONER LETZ: Just a quick follow-up on the 23 Extension annual meeting. I think the best part of that is 24 when -- well, probably the best part was coming to listen to 25 me talk about water. But aside from me talking about water, 12-09-13 7 1 the best part was listening to the kids talk about their 2 programs. It's fun to watch them give their little talks and 3 speeches, and a lot of fun. 4 COMMISSIONER BALDWIN: Good. 5 COMMISSIONER LETZ: A lot is being done out there. 6 And the other thing is, I don't think I saw anyone here -- 7 well, Jody was with me at Leakey for a Region J meeting last 8 week. Had a lot of fun down there. Talked about water for 9 about three, four hours. 10 COMMISSIONER BALDWIN: I was really intending to 11 drive over there, but my dog died again. (Laughter.) But I 12 understand that y'all had a big time. 13 COMMISSIONER LETZ: Yeah, we had a big time. 14 That's about it, thank you. 15 COMMISSIONER BALDWIN: Okay. Is that it? Anything 16 else? Well, let's get into our agenda. We'll start -- we're 17 going to start this morning with Item Number 1. It's a 18 public hearing regarding the proposed private road name 19 change from current private road name of Jazz Lane West to a 20 new proposed private road name of Twisted Oak Drive West in 21 Precinct 4. 22 (The regular Commissioners Court meeting was closed at 9:06 a.m., and a public hearing was held in open 23 court, as follows:) 24 P U B L I C H E A R I N G 25 COMMISSIONER BALDWIN: We've recessed the 12-09-13 8 1 Commissioners Court; we're now in a public hearing. And is 2 there anyone that wants to come forward and speak on this 3 particular issue? Mr. Odom, do you have any comments to make 4 at this time? 5 MR. ODOM: Not at this time. 6 COMMISSIONER BALDWIN: We'll close the public 7 hearing and we'll go back to open Commissioners Court. 8 (The public hearing was concluded at 9:06 a.m., and the regular Commissioners Court meeting was 9 reopened.) 10 - - - - - - - - - - 11 COMMISSIONER BALDWIN: And go to Item 2; consider, 12 discuss, take appropriate action for the Court's final 13 approval regarding the proposed private name change from the 14 current private road name of Jazz Lane West to the new 15 proposed private road name of Twisted Oak Drive West in 16 Precinct 4. Mr. Odom? 17 MR. ODOM: Yes, sir. Mr. Berthe applied to the 911 18 office on October the 18th, 2013, to drop the current private 19 road name of Jazz Lane West and rename this private road 20 Twisted Oak Drive West. There are three property owners that 21 this private road touches, but none of them use this road as 22 their address. Because of the other property owners 23 involved, we felt that a public hearing should be held before 24 this proposed private road name can be changed. The public 25 hearing was held. At this time, we ask the Court for their 12-09-13 9 1 final approval to drop the private road name of Jazz Lane 2 West and rename this private proceed Twisted Oak Drive West, 3 Precinct 4. 4 COMMISSIONER OEHLER: I'll make a motion for 5 approval. 6 COMMISSIONER BALDWIN: Motion. Is there a second? 7 COMMISSIONER MOSER: Second. 8 COMMISSIONER BALDWIN: Motion and second. Any 9 further discussion? All in favor, raise your right hand. 10 (The motion carried by unanimous vote.) 11 COMMISSIONER BALDWIN: Motion carries. Thank you, 12 sir. We are still a little ways out for the next item. 13 Commissioner Letz, would you have a heartburn if we brought 14 one of yours forward? Item 15? 15 COMMISSIONER LETZ: No. 16 COMMISSIONER BALDWIN: We have some folks in the 17 audience that would like to participate, and so I'm going to 18 call Item 1.15; consider, discuss, and take appropriate 19 action to approve job description for Veteran Services 20 Officer position. Commissioner 3, Mr. Letz. 21 COMMISSIONER LETZ: We talked about it a couple 22 weeks ago. We're trying to get this moving. There's a -- I 23 thought it was on the job description for the Veteran Service 24 Officer, and we're trying to keep this going so we can 25 hopefully get this person kind of online or hired, you know, 12-09-13 10 1 sometime in January, or probably late January or February 2 time frame. I talked to Dawn -- Dawn Lantz is not here. 3 MS. GRINSTEAD: She was going to be up here at 4 9:15. 5 COMMISSIONER BALDWIN: Oh, I'm sorry. Dadgum it. 6 COMMISSIONER MOSER: Come back to it. 7 COMMISSIONER BALDWIN: Just talk slow. 8 COMMISSIONER LETZ: Talk real, real slow? Why 9 don't we see if anyone -- I think the job description's based 10 on what has been done in other counties and the state 11 requirements. Certification is required for -- you know, 12 they have to obtain certification. In general, I think the 13 description is -- I mean, it's pretty -- it's like a lot of 14 ours, a lot of the verbiage in it, but it's a position that's 15 supposed to be out in the public a fair amount of the time. 16 They will have an office in the courthouse. But part of the 17 job is that they will be spending -- I think it's fairly 18 vague, but a fair amount of time out in the public at various 19 veterans' functions. The intent is that the person will, you 20 know, kind of work with all the veterans' groups and trying 21 to find people that are -- have a need. The idea would be 22 that the person would get finally -- get ultimately certified 23 to be able to handle the claims all the way through the 24 process. They don't have to meet certification up front, but 25 they'll be able to at least assist with that. But my hope is 12-09-13 11 1 that we can find someone who has the certification required 2 so they can be up and running on that one. That's one of the 3 more important areas, in my mind. Oh, speaking of Ms. Lantz, 4 here she is. We're doing the Veteran Service Officer now. 5 MS. LANTZ: Okay. Sorry, my office -- I'm by 6 myself today, so -- 7 COMMISSIONER LETZ: I kind of went over just in 8 general, you know, about it, and we're trying to mainly, I 9 guess -- I thought that it was passed around to the Court. 10 Has the Court seen it? 11 COMMISSIONER MOSER: Yeah. 12 COMMISSIONER LETZ: It was sent around to members 13 of the Court. I guess, really, do y'all have any questions 14 on it? 15 COMMISSIONER MOSER: Yeah, a couple -- couple 16 questions, if I may. And I'm glad Dawn is here. On the 17 minimum experience and training, -- I'll let Dawn get her 18 copy there -- there's a paragraph that says, "have served on 19 active duty in a branch of the armed forces of the United 20 States for four months, or have a service-connected 21 disability, or have been honorably discharged." And I think 22 that should be "and honorably discharged." 23 MS. LANTZ: Okay. 24 COMMISSIONER MOSER: Okay? Just probably a typo. 25 And the other thing is, at the end of that paragraph, and 12-09-13 12 1 I'll keep reading, "or be a widow" -- a mother or unremarried 2 widow of a serviceman or veteran whose death resulted from 3 the service." And -- and then I think something was omitted 4 there that's in the state guidelines about "be a spouse of a 5 disabled veteran," and I don't know if that was just a -- a 6 cut-and-paste error there, Dawn, but you might take a look at 7 that and see if that -- if there's an omission there that 8 should be -- 9 MS. LANTZ: This has kind of been redone several 10 times, so the newest one -- I don't know if Jody gave you 11 that. I don't -- is that the one that you -- 12 COMMISSIONER MOSER: Anyway, -- 13 MS. LANTZ: I will -- 14 COMMISSIONER MOSER: -- check that, if you will, 15 before we approve that. And one other question that I had. 16 There's, at the very end paragraph, the special requirements; 17 certification by Texas Veterans Commission is a special 18 requirement. Is that a requirement, or is that a 19 nice-to-have capability? Because the reason I ask that, and 20 let me explain, is quite often, I think, somebody in this 21 position takes the position, and then they get certified 22 within a year, but not necessarily having to have the 23 certification as a requirement before employment. So, I 24 didn't know what you meant by "special requirement." 25 MS. LANTZ: I think my understanding is what the 12-09-13 13 1 Court is wanting, they should be able to -- already be able 2 to get into the veterans system. 3 COMMISSIONER MOSER: That's accredited, then, huh? 4 MS. LANTZ: Is that something -- 5 COMMISSIONER LETZ: That's -- I mean, that's the 6 goal, obviously. I mean, it's a -- and I think it's a 7 special requirement. You know, how it's worded, we have 8 discretion on that -- 9 COMMISSIONER MOSER: Okay. 10 COMMISSIONER LETZ: -- as a Court as to when it 11 comes to hiring or firing. If none of the applicants have 12 it, or if the applicant we think is best suited for this 13 county -- 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER LETZ: -- doesn't, I think we can 16 waive that. And I don't think it's an actual requirement, as 17 I look at it. But I think that's an ultimate requirement for 18 the job. 19 COMMISSIONER MOSER: Right. Okay. That was a 20 thing -- when I saw "requirement," as opposed to a desirable 21 feature, if we could make that desirable, I agree with you 22 100 percent on that. That's -- we'd like to have that. But 23 there, you may eliminate -- 24 COMMISSIONER LETZ: Right, but the job description 25 is -- it's a requirement. The Court may allow it to be a 12-09-13 14 1 year to get it or six months to get it -- 2 COMMISSIONER MOSER: Right. 3 COMMISSIONER LETZ: -- or five years to get it, but 4 it is a job requirement to get it. 5 COMMISSIONER MOSER: Okay. If we have that 6 flexibility in hiring the person, then I don't have any issue 7 with that. Good. Super. Okay, just wanted to clear that 8 up. 9 MS. LANTZ: Okay. 10 COMMISSIONER MOSER: So, those couple things. 11 MS. LANTZ: We'll get those taken care of. 12 COMMISSIONER MOSER: And Gary Noller is here in the 13 audience. I don't know if Gary has anything else that he 14 wants to add to that or not. 15 MR. NOLLER: Gary Noller, 140 Ray Drive North in 16 Center Point, speaking on behalf of the Hill Country Veterans 17 Alliance. I'd just like to add that there are veterans in 18 the community that are willing and able to provide you with 19 any assistance whatsoever in establishing this post. We're 20 happy to do that. We're glad that you approved the post. We 21 know it's a chore, gives you a new employee to have to 22 supervise, but happy that -- happy to be of assistance. So, 23 anything technical, if we can do some research for you, we're 24 very happy to be of assistance. 25 COMMISSIONER BALDWIN: Thank you, sir. Any further 12-09-13 15 1 comments? 2 COMMISSIONER LETZ: Well, I think -- 3 COMMISSIONER BALDWIN: Do we need to adopt this? 4 COMMISSIONER LETZ: We need to adopt it subject to 5 the mod -- the wordsmithing a little bit in that one 6 paragraph. And there was a -- we've -- I've talked to -- I 7 missed that paragraph. I -- 8 COMMISSIONER MOSER: Yeah. 9 COMMISSIONER LETZ: We made some changes, some 10 other ones, before this last draft, but I think we need to go 11 ahead and approve it, and probably go ahead and authorize -- 12 I don't know that we need a motion for this, but just direct 13 the H.R. Department to go ahead and post it. And, you know, 14 maybe have applications due by the end of January, middle -- 15 yeah. I mean, it's a bad time of year, sort of, to do a lot 16 of this type of thing, so I don't want to make it too short. 17 But I, you know, don't want it to drag on too long, either, 18 so I don't know. 19 COMMISSIONER OEHLER: What about the second meeting 20 in January? 21 COMMISSIONER LETZ: Second meeting, have 22 applications due by then? That's fine. So, I'll make a 23 motion that we approve the job descriptions subject to some 24 checking of the wording brought up by Commissioner Moser, and 25 I don't know that we need to do a motion for the rest of it. 12-09-13 16 1 COMMISSIONER OEHLER: Second. 2 COMMISSIONER BALDWIN: We have a motion and a 3 second. All in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 COMMISSIONER BALDWIN: Motion carries. 6 COMMISSIONER MOSER: Thank you. 7 COMMISSIONER BALDWIN: Job well done, man. 8 Finally. 9 COMMISSIONER MOSER: Not over yet. 10 COMMISSIONER BALDWIN: Let's go back to a timed 11 item, Item Number 3; consider, discuss, take appropriate 12 action to open, read, and award the annual bids for road 13 base, cold mix, aggregate, emulsion oil, and corrugated metal 14 pipe. Mr. Odom? 15 MR. ODOM: Somebody left their keys. Is this 16 yours? 17 MS. LANTZ: That's mine, yes. 18 COMMISSIONER MOSER: Oh. 19 MR. HENNEKE: Looks very similar to your key chain, 20 doesn't it? (Laughter.) 21 MR. ODOM: I believe that Mr. Letz is opening 22 those. After we open -- after the Court's opened them and 23 read the different line items, we would like to review 24 immediately and return on this court date, December 9th, 25 2013, and award the annual bids for road base, cold mix, 12-09-13 17 1 aggregate, emulsion oil, and corrugated metal pipe. All bid 2 prices are to begin January the 1st, 2014, and be in effect 3 until December the 31st, 2014. So, at this time, we ask the 4 Court to open and read the material bids. 5 COMMISSIONER LETZ: Commissioner, do we pass them 6 all down to you, or -- 7 COMMISSIONER BALDWIN: No, you do it right there. 8 COMMISSIONER LETZ: Received a bid for road base 9 material from Allen Keller Company. Received a bid -- 10 received a notice from Wright Asphalt that they're not going 11 to bid. 12 MR. ODOM: They're not bidding? 13 COMMISSIONER LETZ: No. The note is, "Unable to 14 bid at this time. Please keep us on your bidder's list." 15 Bid from Vulcan Materials, for -- 16 COMMISSIONER OEHLER: Trap rock. 17 COMMISSIONER LETZ: Yeah, but they didn't circle 18 which one it is. For paving aggregates. Emulsion -- no, 19 emulsion oils is no bid. No bid. Base, no bid. And hot 20 mix. Those are the two that came in from Vulcan. 21 (Low-voice discussion off the record.) 22 COMMISSIONER LETZ: Bid from Wilson Culverts for 23 corrugated metal pipe. Bid from Ergon Asphalt and Emulsions 24 for emulsion oils. Bid from Martin Marietta Materials for 25 paving aggregates and hot mix. Bid from Contech for 12-09-13 18 1 corrugated metal pipe. Bid from Reeh Quarry for base 2 material. 3 COMMISSIONER BALDWIN: How do you spell Reeh? 4 COMMISSIONER LETZ: R-e-e-h. 5 COMMISSIONER BALDWIN: Oh, wonder where they're 6 from. 7 COMMISSIONER OEHLER: Could be Jillespie or 8 Kendall. 9 COMMISSIONER BALDWIN: Yeah. 10 COMMISSIONER LETZ: I have a bid from Wheatcraft 11 for base material. That's it. I'll make a motion we accept 12 all bids and refer to Road and Bridge Department for 13 recommendation. 14 COMMISSIONER BALDWIN: I have a motion. Is there a 15 second? 16 COMMISSIONER MOSER: Second. 17 COMMISSIONER BALDWIN: Second. All in favor, raise 18 your right hand. 19 (The motion carried by unanimous vote.) 20 COMMISSIONER BALDWIN: Motion carries. Thank you 21 very much. And did I understand you to say you'll be back 22 next month? 23 MR. ODOM: Pardon me? 24 COMMISSIONER BALDWIN: Next month? 25 MR. ODOM: No. 12-09-13 19 1 COMMISSIONER BALDWIN: I heard you say you was 2 coming back later. 3 MR. ODOM: Well, I said during this meeting, okay? 4 COMMISSIONER BALDWIN: Very good. 5 MR. ODOM: We'll come back in and ask you to -- to 6 give me an opportunity to give you those bids. 7 COMMISSIONER BALDWIN: Very good, sir. Looking 8 forward to seeing you. 9 COMMISSIONER MOSER: Again. 10 COMMISSIONER BALDWIN: We'll go to another timed 11 item, Item 1.4; consider, discuss, take appropriate action 12 for the Court's final approval regarding the plat for Monarch 13 Hills Subdivision, ABS A0252, Oliver P. Moore, SUR 29, 9 14 acres, and ABS A0252, Oliver P. Moore, SUR 29 with 22.121 15 acres in Precinct 3. Mr. Odom? 16 MR. ODOM: Yes, sir. Mr. Avalos owns R15729, 9 17 acres, and R15730, 22.121 acres. Mr. Avalos would like to 18 create 10 lots out of the two properties totaling 31.121 19 acres. Mr. Boerner is the surveyor for Mr. Avalos. 20 Mr. Boerner has stated that Mr. Avalos wants to sell off Lots 21 1 through 9 as residential, single-family lots. Mr. Avalos 22 would like to retain at this time Lot 10 in the back and try 23 to see if, in the future, he may be able to connect to the 24 proposed sewer line from Center Point to Comfort. If, in the 25 future, Mr. Avalos would be allowed to connect to this sewer 12-09-13 20 1 line, he may want to further subdivide Lot 10 into smaller 2 1-acre tracts -- one-quarter acre tracts to sell. Mr. Avalos 3 understands that this option may not happen. A flood study 4 was done and reviewed and approved, and review fees have been 5 paid. We have also included the letter from Wiedenfeld Water 6 Works, with the timeline for community water installation, 7 which was requested from the November 12th, 2013 8 Commissioners Court meeting. At the November the 12th 9 meeting, Commissioners Court requested a letter from 10 Wiedenfeld Water Works concerning the community water 11 installation for Lot 2, which currently shares a well with 12 Lot 1. Lot 1 is 5.01 acres, and Lot 2 is 1.18 acres. So, at 13 this time, we ask the Court for their final approval for the 14 plat for Monarch Hills Subdivision, Abstract A0252, Oliver P. 15 Moore, Survey 29, acres is 9 acres, and Abstract A0252, 16 Oliver P. Moore, Survey 29, at 22.121 acres in Precinct 3. 17 COMMISSIONER LETZ: I move approval. 18 COMMISSIONER BALDWIN: We have a motion. Is there 19 a second? 20 COMMISSIONER OEHLER: Second. 21 COMMISSIONER BALDWIN: There's a second. All in 22 favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 COMMISSIONER MOSER: Question. 25 COMMISSIONER BALDWIN: Motion carries. 12-09-13 21 1 COMMISSIONER MOSER: Question, if I might. The 2 water for this would be a single water source? 3 COMMISSIONER LETZ: Yeah, coming from Wiedenfeld 4 Water. 5 COMMISSIONER MOSER: Wiedenfeld. I'm sorry, I 6 missed that. 7 MR. ODOM: Community water. 8 COMMISSIONER MOSER: Okay, good. 9 COMMISSIONER LETZ: I've talked with him, and there 10 were some questions last time. I think one of the lots was 11 pulled out. 12 COMMISSIONER MOSER: Okay. 13 COMMISSIONER BALDWIN: Motion carried. Item 5; 14 consider, discuss, take appropriate action on request from 15 the Kerr County Roller Derby to continue to use the show barn 16 at the Hill Country Youth Event Center for practices and 17 events. Ms. Jones? There you are. 18 MS. JONES: Hi. I'm sorry, I started a new job 19 last month, so it was a little crazy, and I apologize. 20 COMMISSIONER BALDWIN: Nice to see you. 21 MS. JONES: It's a pleasure to see all of you. We 22 feel like our six months trial was really successful. We 23 hope that also it was for Tim and Jody. We hope that we 24 weren't a terrible pain in anybody's side. We were able to 25 raise $1,000 for Combat Marine Outdoors for our first event 12-09-13 22 1 at the show barn. We had almost 500 people attend. The 2 second one in November, we also managed to raise $1,000 for 3 CASA that we'll be presenting them a check this week at a toy 4 drive we're also doing for them. We had a little bit less of 5 a turnout, but it was also opening season, so we had a lot to 6 compete with. But we probably had about 300 people, and we 7 had a lot more people stay. So, what we would like to ask 8 is, starting in February, when things die down with all the 9 stock show, we could renew our contract and try this again, 10 if you would have us. 11 COMMISSIONER LETZ: What's the -- what's our 12 agreement right now? 13 MS. JONES: Right now, we pay $300 a month to use 14 the show barn, and we use it twice a week, and we generally 15 try to work around the schedule y'all already have. 16 COMMISSIONER OEHLER: No problem. 17 COMMISSIONER LETZ: No. 18 COMMISSIONER OEHLER: Move approval. 19 COMMISSIONER BALDWIN: We have a motion to approve. 20 Is there a second? 21 COMMISSIONER MOSER: Second. 22 COMMISSIONER BALDWIN: We have a second. Is there 23 any comments or questions? 24 MR. BOLLIER: Oh, I just would just like to say to 25 Ms. Jones -- they take real good care of the barn, but we're 12-09-13 23 1 not going to -- they're probably not going to be able to get 2 back in the barn probably till the end of February. 3 MS. JONES: Okay. 4 MR. BOLLIER: Because we'll be cleaning up from the 5 stock show and stuff, and I'll just inform you now. 6 MS. JONES: If you ever need any help with that, 7 you know you can call us. 8 MR. BOLLIER: You can come help us starting 9 February 1st. (Laughter.) 10 MS. JONES: It's a date, Tim. 11 COMMISSIONER OEHLER: You don't want to get 12 involved in that one, I promise. 13 MR. BOLLIER: Believe me, you don't want nothing to 14 do with that. 15 COMMISSIONER BALDWIN: There is a lot of people 16 talking about your roller derby. 17 MS. JONES: It's all good stuff, right? 18 COMMISSIONER BALDWIN: It just seems people got 19 excited all of a sudden over the thing. 20 MS. JONES: That's what we're hoping for. That's 21 what we like. So, you help us grow; we really appreciate it. 22 COMMISSIONER MOSER: Good. 23 COMMISSIONER BALDWIN: We have a motion and second. 24 All in favor, please raise your right hand. 25 (The motion carried by unanimous vote.) 12-09-13 24 1 COMMISSIONER BALDWIN: Motion carries. Thank you 2 very much, Ms. Jones. 3 MS. JONES: Thank you. 4 MR. HENNEKE: Commissioner Baldwin, on that, the 5 original agreement was just for six months. Are y'all just 6 leaving it -- and it sounds like they're doing a great job 7 out there. Is the motion to just allow them to use it from 8 this time forward? Or -- 9 COMMISSIONER BALDWIN: I guess -- 10 MR. HENNEKE: -- is there a set period? 11 COMMISSIONER BALDWIN: I don't know. Doesn't 12 bother me either way. I mean, I guess we could throw them 13 out any time we want to. 14 MR. HENNEKE: Sure. Sure. 15 MS. JONES: As long as you give us a month's 16 notice, please. 17 MR. HENNEKE: So as not to make them come back, 18 unless there's an issue. 19 COMMISSIONER BALDWIN: Anybody have an issue with 20 just leaving it open-ended? 21 COMMISSIONER OEHLER: I don't have an issue with 22 it. I think it's a good thing, and they're working around 23 the schedule, so they're not interfering with anything, so I 24 don't -- we want it to be used, and they're keeping it clean, 25 and they're cooperative and they're bringing people to town. 12-09-13 25 1 COMMISSIONER MOSER: Perfect. 2 COMMISSIONER OEHLER: Have at it. 3 COMMISSIONER BALDWIN: But if something comes up, 4 don't get your feelings hurt. 5 MS. JONES: Just as long as you let me know. 6 COMMISSIONER BALDWIN: We'll do that. 7 MS. JONES: Thank y'all. Appreciate it. 8 COMMISSIONER MOSER: Thank you. 9 COMMISSIONER BALDWIN: Let's go -- we're going to 10 skip around just a tad to take care of Mr. Moser this 11 morning, because he has an appointment outside of here with 12 the family. Item 1.11. 13 COMMISSIONER MOSER: Thank you. 14 COMMISSIONER BALDWIN: Consider, discuss, and take 15 appropriate action to authorize the County Judge to execute 16 construction contracts with M & C Fonseca, Kerr County, 17 Kerrville South sewer project, Contract Number 712025. 18 Commissioner Moser? 19 COMMISSIONER MOSER: Thank you very much. We had 20 selected this contractor. We've had our preconstruction 21 meeting, and this is just to authorize the Judge to sign the 22 construction contracts. So, I so move. 23 COMMISSIONER BALDWIN: Motion. Is there a second? 24 COMMISSIONER LETZ: Second. 25 COMMISSIONER BALDWIN: Any further discussion? 12-09-13 26 1 COMMISSIONER LETZ: Just a comment in addition. 2 COMMISSIONER MOSER: Sure. 3 COMMISSIONER LETZ: It might be -- be easier, while 4 the Judge is recuperating, if we authorize Commissioner 5 Baldwin to sign -- 6 COMMISSIONER MOSER: Sure, good suggestion. 7 COMMISSIONER LETZ: -- the contract, so if you'd 8 accept that amendment? 9 COMMISSIONER MOSER: I'll accept that amendment. 10 COMMISSIONER BALDWIN: We can do it either way. 11 COMMISSIONER LETZ: Either the Judge can sign it or 12 you can sign it. 13 COMMISSIONER BALDWIN: All in favor? 14 (The motion carried by unanimous vote.) 15 COMMISSIONER BALDWIN: Motion carries. Thank you. 16 COMMISSIONER LETZ: I think it's good while he's 17 out recuperating. 18 COMMISSIONER BALDWIN: And while we're rocking and 19 rolling with that project over there, we need to keep it 20 moving, and no sense to hesitate. Item 1.12; consider, 21 discuss, take appropriate action on approving and 22 authorization to execute temporary construction easements for 23 the Kerrville South sewer project, Contract Number 712025. 24 Mr. Moser? 25 COMMISSIONER MOSER: Yes, thank you. This is a 12-09-13 27 1 similar thing. We -- the last time in Commissioners Court, 2 we didn't have all of our beneficiaries obligated to this 3 project. We do have them now. We've got a complete set; 4 we're full, and so this just allows the easement agreements 5 to be executed. So, I move that we similarly have the Judge 6 or Commissioner Baldwin sign these easement agreements. 7 COMMISSIONER BALDWIN: Thank you. 8 COMMISSIONER LETZ: Second. 9 COMMISSIONER BALDWIN: And there's a second. Any 10 further discussion? All in favor, raise your right hand. 11 (The motion carried by unanimous vote.) 12 COMMISSIONER BALDWIN: Motion carries. Thank you, 13 sir. Well go back now to our 1.6; consider, discuss, take 14 appropriate action to allocate votes for the election of 15 2014-2015 Board of Directors of Kerr Central Appraisal 16 District. Bill -- where'd Bill go? Bill's no longer here. 17 So, it says in here that we can throw all of our votes toward 18 one person, or we can break it up between two. So, what's 19 your pleasure, gentlemen? 20 COMMISSIONER LETZ: I'll make a motion to put all 21 our votes to Mr. Chuck Lewis, and -- and the -- well, let me 22 take that back. That we authorize -- we cast the number of 23 votes required to get Mr. Lewis elected, and the balance of 24 the votes go to the school districts, I think. 25 COMMISSIONER BALDWIN: Yeah, but not K.I.S.D. 12-09-13 28 1 COMMISSIONER LETZ: No, it goes to the -- 2 COMMISSIONER OEHLER: Ingram, Center Point. 3 COMMISSIONER LETZ: -- Ingram, Center Point school 4 districts to allocate as they feel appropriate. 5 COMMISSIONER BALDWIN: Got a motion. Is there a 6 second? 7 COMMISSIONER OEHLER: Second. 8 COMMISSIONER BALDWIN: And is there any further 9 discussion? Anybody in the audience need to talk about that 10 particular item? Good. All in favor, raise your right hand. 11 (The motion carried by unanimous vote.) 12 COMMISSIONER BALDWIN: Motion carries. Thank you 13 very much. Item 1.7; consider, discuss, and take appropriate 14 action to appoint Chris Hughes to replace Bud Fawcett, and 15 reappoint Donna Damon and Grey Meyer -- 16 COMMISSIONER OEHLER: Greg Meyer. That's a typo. 17 COMMISSIONER BALDWIN: Greg? 18 COMMISSIONER OEHLER: Yeah. 19 COMMISSIONER BALDWIN: Meyer to the ESD Number 1 20 Board of Commissioners for a two-year term. Commissioner 21 Oehler? 22 COMMISSIONER OEHLER: Move approval. 23 COMMISSIONER BALDWIN: Motion. Is there a second? 24 COMMISSIONER LETZ: Second. 25 COMMISSIONER BALDWIN: Anything we need to say 12-09-13 29 1 about that? 2 COMMISSIONER OEHLER: Nothing except glad to have 3 them. 4 COMMISSIONER BALDWIN: No kidding. 5 COMMISSIONER OEHLER: Not easy to come by. 6 COMMISSIONER BALDWIN: All in favor, please raise 7 your right hand. 8 (The motion carried by unanimous vote.) 9 COMMISSIONER BALDWIN: Motion carries. Thank you. 10 Item 1.8; consider, discuss, take appropriate action to 11 reappoint Ben Alves, Linda Garrett, and Bob Reeves to the ESD 12 Number 2 Board of Commissioners for a two-year term. 13 Commissioner Oehler? 14 COMMISSIONER OEHLER: Move approval. 15 COMMISSIONER BALDWIN: Is there a second? 16 COMMISSIONER LETZ: Second. 17 COMMISSIONER BALDWIN: Any further discussion? All 18 in favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 COMMISSIONER LETZ: Just a comment on this one. 21 We've got some heavy hitters on there. There may be some 22 heavy hitters on the other one as well, but I don't know 23 them, but -- 24 COMMISSIONER OEHLER: There's some good people out 25 there willing to do that job. 12-09-13 30 1 COMMISSIONER BALDWIN: There really are two good 2 boards out there. 3 COMMISSIONER OEHLER: Yeah. 4 COMMISSIONER BALDWIN: Very surprising. 5 COMMISSIONER OEHLER: They do a fine job. 6 COMMISSIONER BALDWIN: Let's see. We'll go to Item 7 Number 10; consider, discuss, and take appropriate action 8 regarding Kerr County First Responder program, including 9 approval of applicants and adoption of criteria, policies, 10 and procedures. Mr. Henneke? 11 MR. HENNEKE: Well, gentlemen, this was intended to 12 be the agenda item under your name, Commissioner, and 13 Commissioner Moser, following our meeting. 14 COMMISSIONER BALDWIN: Okay, very good. I'm 15 assuming that you all have backup that we can -- 16 COMMISSIONER LETZ: I take it that this was -- they 17 didn't like our last motion? 18 COMMISSIONER BALDWIN: Well, it appears that way. 19 I don't know. I think Mr. Moser is more in tune with that. 20 COMMISSIONER MOSER: This is -- yeah. We had a 21 meeting, Commissioner Baldwin, the County Attorney, myself 22 and Dawn, the other day to discuss what our criteria and 23 requirements are for First Responders in the county, and the 24 County Attorney has proposed a draft letter, which will be 25 approved by the Court. Do we have that? 12-09-13 31 1 COMMISSIONER BALDWIN: No, sir. 2 MR. HENNEKE: It's in the backup. 3 COMMISSIONER MOSER: Okay. And I think everybody 4 has it, then. And, basically, it says that -- that we will 5 do the background check -- let me read that letter. It 6 says -- 7 COMMISSIONER BALDWIN: Just pull it off. 8 COMMISSIONER MOSER: This is in response to the 9 City -- City Manager sending a letter over here to myself. 10 "This letter is to inform you that the Kerr County 11 Commissioners Court has approved..." -- and in the future, we 12 will put the person's name in there that we're recommending 13 be incorporated or included in the program for First 14 Responders -- "for inclusion in the Kerr County First 15 Responders program. It has been the determination of the 16 Kerr County Commissioners Court to its full satisfaction that 17 the above-referenced person is an applicant that meets all 18 criteria, including background, references, and ability 19 necessary to serve our community as a First Responder. Kerr 20 County requests that the above individual immediately be 21 contacted to schedule an interview with the EMS Administrator 22 and to receive the training necessary to be qualified as a 23 Kerr County First Responder under the program administered by 24 the City of Kerrville." And it's to be signed by the -- by 25 the County Judge. So, that's what we're -- we have on the 12-09-13 32 1 table, is the -- the motion to accept this letter in form. 2 But to be presented -- every time we have an applicant, the 3 County will screen them to the criteria that we have, submit 4 this letter to the -- to the City Manager, and to be 5 incorporated into the First Responder program. 6 MR. HENNEKE: And just to be clear, I'm not 7 proposing any adoption of policies. The letter from 8 Mr. Parton asked for written verification from Kerr County, 9 and so this was a draft of a form that would provide written 10 verification, but however the Court chooses to administer 11 that is up to the Court. I wasn't trying to spell anything 12 out; I was just trying to write something that would provide 13 a -- a standard letter that y'all could use to provide the 14 written verification of, "Here's who we approved." 15 COMMISSIONER MOSER: Yeah, I think it's part of our 16 discussions. We clearly -- we clearly want the EMS 17 Coordinator to be the person in charge of this, and we're 18 trying to get to a comfortable agreement between both the 19 County and the City that if we have somebody that we've 20 reviewed, done the background check on, et cetera, that we'd 21 like to make the recommendation to the City and to the EMS 22 Coordinator to -- to take the necessary steps that they have 23 in their program. 'Cause I know the procedure is the EMS 24 Coordinator reviews -- interviews the applicants before 25 they're put in to make sure they have the right training as 12-09-13 33 1 they come into the program, and meet other requirements that 2 the City has in their program. The program has worked great, 3 okay, and I don't know -- I think in the past, probably most 4 of the EMS First Responders have been people that have been 5 on the -- on the city fire department staff and have been 6 known by the EMS Coordinator, so we have some outliers now 7 that are not in that condition. So, the question is, how do 8 we get from somebody that the County wants in the program 9 that's not a member of the staff of the fire department, and 10 be accepted by the EMS Coordinator and by the City? So, what 11 the County Attorney has recommended here is a draft that I 12 just read. So -- 13 COMMISSIONER LETZ: So, we're looking at this list 14 here? 15 COMMISSIONER BALDWIN: You're looking at this right 16 here. 17 COMMISSIONER LETZ: Well, I'm looking at this -- 18 I'm looking at this other thing that's in our backup. Kerr 19 County First Responder program, which has a process and all 20 kind of stuff. That's ridiculous. I mean, why can't the 21 First Responder live in the city limits of Kerrville? That 22 makes absolutely no sense to me. I mean, if it's someone 23 that lives in Kerrville and works in Center Point, why can't 24 they be a First Responder? I mean, that has -- I just don't 25 get it. 12-09-13 34 1 COMMISSIONER MOSER: Well, I don't think this was 2 to approve the backup list. That was just the -- what the -- 3 and I don't know if the City wants to respond to that. This 4 was not to approve that criteria as both the responsibility 5 of the City and the County. It was just simply to say we 6 recognize that that's your program, okay; that's the EMS 7 Coordinator and Fire Chief's responsibility to implement 8 that. So we're not -- we're not adopting that, agreeing with 9 it. It's they're choosing to do that. 10 COMMISSIONER BALDWIN: Jon, the way I see it is 11 they're acting -- they're asking us to recommend someone, and 12 we have full satisfaction in that person. So, you know -- 13 COMMISSIONER MOSER: That's the -- 14 COMMISSIONER LETZ: So all we're doing is approving 15 the draft letter only? 16 COMMISSIONER BALDWIN: Correct, this thing right 17 here. 18 COMMISSIONER LETZ: Okay. 19 COMMISSIONER BALDWIN: And I want to point out a 20 couple of things. That it -- and during our meeting, I had a 21 question about it, and we wanted to bring it to you guys and 22 let y'all look at it and see if it's -- all this stuff's 23 necessary or not. But, let's see. I guess there's only one 24 sentence there, that top one, "... applicant that meets all 25 criteria," -- not sure what that means -- "including 12-09-13 35 1 background, references, and ability necessary to serve as a 2 responder." I don't know what all that's about. I don't 3 know what "ability" is, if that person can run 100 meters in 4 9.2 or -- you know, I'm not sure what all those things are. 5 Personally, I think that all it needs to say is that it -- 6 applicant meets all criteria of Commissioners Court. And all 7 those other -- that would be our criteria that we approve, 8 and we put that person's name in and send it over there 9 without getting into all these other detailed things. 10 COMMISSIONER MOSER: I think to cut to the chase, 11 too, I think that there's -- there requirements that the EMS 12 Coordinator would like to see, and I think that they should 13 be considered, and that is that the applicant have a drug 14 test, okay, to make sure that they're not currently on any 15 kind of legal or illegal drugs that would interfere with 16 their functioning as a First Responder. Second thing is 17 making sure that they are H.I.V.-free, one of those things. 18 So, those things are -- you know, we, the County, can 19 implement that, or we, the County, can say, "Please, EMS 20 Coordinator, you do that," and then it's a matter of who pays 21 for some of these -- some of these qualifications and 22 checking that has to be done. And, ballpark, it's like 23 probably $100 a person to do the background check and do 24 the -- some of the medical checking, so it's not a big item. 25 I think our budget for -- for the County is $42,000 a year 12-09-13 36 1 for First Responders, so I think that, you know, falls within 2 the capability of the budget to be able to accommodate that. 3 So, I think the important thing is -- is to get this thing 4 off the dime and get First Responders that want to be First 5 Responders into the program, 'cause we've got three or four 6 out there. So -- and I think that this attempt -- or this 7 letter was saying, "Yea, verily," this is the way to get it 8 moving. So, I'd encourage the Mayor -- or the EMS 9 Coordinator's here, Eric Maloney. So, could you -- if you'd 10 care to discuss this further, we'd be happy to -- 11 MAYOR PRATT: Jack Pratt, Mayor of Kerrville. The 12 -- when somebody calls 911, or calls on behalf of someone, 13 the First Responder is entering their property, possibly 14 going into their home, and probably touching their body, so 15 we need some verification from a background check that 16 they're not a sexual predator, they're not a -- a pedophiler, 17 that they're not on drugs, and that their blood is not 18 contaminated with H.I.V. or -- or hepatitis would be another 19 one. So that we are protecting the patient at all times, and 20 that's why we've specified that as we have. I know in the 21 last Commissioners Court meeting regarding this subject, 22 there was concern about becoming an employee. Let me -- I'd 23 like to address that. The Boy Scouts, Girl Scouts, American 24 Red Cross require their volunteers to go through the same 25 procedure that we're asking for here, and those volunteers 12-09-13 37 1 are not considered employees, so we ask that you use sort of 2 similar criteria. Any questions? 3 COMMISSIONER MOSER: What -- how would it -- how 4 would it be if anybody that wants to be a First Responder, we 5 have the individual's name, okay, and we do the checking that 6 we think is necessary, if then we turn it over to the EMS 7 Coordinator and let him go through any requirements in 8 establishing the capabilities you just delineated, okay, 9 which I think -- personally, I think are very good 10 requirements, that everybody would be able to pass those 11 things. And let the EMS Coordinator determine what those are 12 and if, in fact, the person meets those requirements. And if 13 there's cost associated with the background check, with 14 H.I.V. tests, other -- other types of physiological 15 examinations that need to be done, then we let him do that, 16 and implement that -- that program, but that we cover the 17 cost of it. 18 MAYOR PRATT: Eric, do you want to -- 19 MR. MALONEY: Yes, sir. 20 COMMISSIONER MOSER: That way you have somebody in 21 charge, okay. And I understand that Eric has a limited 22 budget, but I think we have the budget required to do that. 23 MR. MALONEY: Eric Maloney, EMS Coordinator with 24 the Kerrville Fire Department. In regards to that, my 25 responsibilities for the Kerrville Fire Department, City of 12-09-13 38 1 Kerrville, lie directly with EMS-related. I do not have the 2 human resources or the ability to provide any of those 3 background checks as -- as are requested. I'm strictly the 4 liaison between the medical director and providing the 5 pre-hospital care for the citizens of Kerrville and Kerr 6 County. 7 COMMISSIONER LETZ: My question is probably to the 8 Mayor. My question is -- and I'm just thinking through it. 9 I know that a good part of Kerr County, certainly in my 10 precinct, is served by volunteer fire departments. That's 11 outside of Kerr County, and a lot of those people are First 12 Responders. So, are you basically saying with this program 13 that if we have a -- if a Comfort Volunteer Fire Department 14 that lives in Kendall County gets to a set spot, that they're 15 not supposed to help the person? 16 MAYOR PRATT: No, that's not what we're saying at 17 all. What we're saying -- 18 COMMISSIONER LETZ: But, you know, you're saying -- 19 MAYOR PRATT: Well, no, because we're saying that 20 the -- those members of the Kerrville Fire Department have 21 already gone through the application process, the background 22 check and the medical requirements, so they've already been 23 screened. But anybody that's not a fireman who has already 24 -- who has not already been prequalified, then they must go 25 through the same process. 12-09-13 39 1 COMMISSIONER LETZ: So, you've prequalified all of 2 the fire departments -- volunteer fire departments? 3 MAYOR PRATT: I'm going to let you respond to that. 4 COMMISSIONER LETZ: Including those in Comfort or 5 in Kendall County, Bandera County? 6 MAYOR PRATT: We're talking about only the 7 Kerrville Fire Department, not the volunteer -- 8 COMMISSIONER LETZ: Tierra Linda's in Gillespie 9 County. 10 MR. MALONEY: Tierra Linda does not respond with us 11 medically per our dispatch protocol. 12 COMMISSIONER LETZ: What about Comfort? 13 MR. MALONEY: We allow -- you have to be a 14 D.S.H.S.-licensed First Responder program, so Comfort Fire 15 Department is a D.S.H.S.-licensed program. Other than that, 16 the only other one here -- 17 COMMISSIONER LETZ: But if they don't meet your 18 criteria, they're not to provide service in Kerr County? 19 MR. MALONEY: Well, they're not in the Kerr County 20 First Responder program under our license. They're actually 21 under their own license with the Department of State Health 22 Services. 23 COMMISSIONER LETZ: But if your response is trying 24 to protect the public, I mean, you're basically saying that 25 these people -- everyone that goes out there, and to the -- 12-09-13 40 1 you know, that's responding needs to meet these requirements. 2 MR. MALONEY: For the Kerr County First Responders 3 program, yes, sir. 4 (Commissioner Moser left the meeting.) 5 COMMISSIONER OEHLER: I'll just say one thing. I 6 think any correspondence that comes from the City of 7 Kerrville to the Commissioners needs come directly to 8 Commissioners Court, not to one individual Commissioner. 9 One Commissioner does not have the authority to make any 10 decisions. 11 MAYOR PRATT: It was, I think -- 12 COMMISSIONER OEHLER: I took a little offense at 13 this letter coming to a particular Commissioner, and not 14 Commissioners Court or the County Judge. 15 MAYOR PRATT: I understand that, Commissioner. It 16 was simply done that way because he was designated as the 17 liaison on this. 18 COMMISSIONER OEHLER: Buster Baldwin's the liaison. 19 MAYOR PRATT: Okay. 20 COMMISSIONER OEHLER: But, anyway, I don't -- this 21 has worked for all these years, and now all of a sudden we've 22 got to change it, and I don't see the purpose in it. I think 23 you're restricting some people that want to be First 24 Responders in -- in some way. 25 MAYOR PRATT: I understand your concern. Our first 12-09-13 41 1 -- our first responsibility is the safety and security of the 2 patient, and that's what we're focusing on first. 3 COMMISSIONER OEHLER: I agree. 4 MAYOR PRATT: Okay. 5 COMMISSIONER BALDWIN: So, we're back to this 6 document now. 7 COMMISSIONER LETZ: Well, the -- I don't understand 8 "all criteria." Going back to kind of what you said, it's 9 all criteria of Kerr County Commissioners Court, you know. 10 COMMISSIONER BALDWIN: Well, as I see it, this 11 document -- you know, our major concern is health and safety 12 as well. I mean, it's not any different from what the City's 13 ideas are. We want to save lives and property just like 14 everybody else, or we wouldn't be doing this. Personally, I 15 like the idea of a background check, and that background 16 check would just make sure that there is not a wanted 17 murderer out there trying to go to work for us. And -- 18 COMMISSIONER OEHLER: Well, let's just say if we 19 want to do it, let's just say, okay, the County is going 20 to -- I guess H.R. would be the person to do it. They do a 21 background check and send them for blood tests or whatever 22 they need, prove that they're clean, and at that point, we 23 send them on over to the City, and then they accept them 24 without any question. 25 COMMISSIONER BALDWIN: Well, I don't know about 12-09-13 42 1 that last part, but -- 2 COMMISSIONER OEHLER: I mean, what do we have to 3 do? 4 COMMISSIONER BALDWIN: You just outlined it, 5 basically. This -- what we're asking today is to adopt this 6 document that says, "We think that this person's a good 7 person; he has met all of our criteria." Our criteria. You 8 know, it may be different -- 9 COMMISSIONER OEHLER: But that's what we have to do 10 in order to get this thing off of dead center? 11 COMMISSIONER BALDWIN: Well, it's a step. That's 12 what we're trying to do, is take a step to meet the City and 13 to get an agreement of some sort going. 14 COMMISSIONER OEHLER: Fine with me. 15 COMMISSIONER LETZ: You know, but H.R. is going to 16 have to do these things before we can even recommend a person 17 to go over there, is the way I see it. 18 COMMISSIONER BALDWIN: Yeah. 19 COMMISSIONER OEHLER: Is that what this is all 20 about? 21 COMMISSIONER BALDWIN: Somebody in H.R., I think, 22 is the proper place. But -- 23 COMMISSIONER OEHLER: I don't know who else would 24 do it, unless it would be the Sheriff, and I don't think 25 he -- I don't think he wants to do it. 12-09-13 43 1 COMMISSIONER BALDWIN: No. You can't trust him 2 anyway. (Laughter.) 3 COMMISSIONER LETZ: I'm back on -- just because 4 it's attached, this list of all the process stuff. I mean, 5 if we're -- to me, if we're saying "criteria," it implies 6 that's the criteria. 7 COMMISSIONER BALDWIN: Our criteria. 8 COMMISSIONER LETZ: Then we need to be explicit 9 about that in the letter. 10 COMMISSIONER BALDWIN: That's fine. 11 COMMISSIONER OEHLER: That's what I'm saying. We 12 need to say it's going to be a background check, it's going 13 to be a blood test, something, some -- and specify what those 14 things are. So, where are you? 15 COMMISSIONER LETZ: Well, I'm reading this. "Meets 16 all criteria." I don't know what the criteria -- I guess any 17 criteria we want? "Including background check, references, 18 and ability to serve..." I mean, I don't know what all that 19 means. 20 COMMISSIONER BALDWIN: Yeah, I don't either. I 21 don't either. Actually, I think the attorney adopted it out 22 of another document, out of one of the City's -- 23 MR. HENNEKE: Well, I drafted it. I mean, the 24 criteria is what the Court decides the criteria is for its 25 First Responder program. And -- and that -- I mean, I guess 12-09-13 44 1 the City is wanting Kerr County, through the Commissioners 2 Court, to approve applicants for the First Responder program, 3 and then to send that approval to the City so the City, in 4 writing, knows that John Smith has been approved by Kerr 5 County Commissioners Court to be processed as a First 6 Responder. And so, you know, the criteria that would satisfy 7 you to approve John Smith to be a First Responder is -- is up 8 to the Court, and how you would be satisfied to approve 9 somebody is up to y'all. I just tried to draft a template 10 letter that would say, you know, after y'all vote to approve 11 John Smith, then we have something for Jody to send over to 12 Mr. Parton telling him, "Today we approved John Smith; please 13 get him the equipment and the training and the certification 14 to get on the street and help people." 15 COMMISSIONER OEHLER: Well, the only criteria that 16 I can -- what we've been talking about is a background check, 17 drug test, blood test. What else is there that they want? 18 COMMISSIONER BALDWIN: Well, then you -- then you 19 would get into their desires for us, and -- 20 COMMISSIONER LETZ: Within the city limits of 21 Kerrville, for some unknown reason. 22 COMMISSIONER BALDWIN: And to give you an example 23 here, Kerr County, what they're -- they want us to do, meet 24 some of their needs, and -- and, you know, and then they tell 25 us how -- exactly how to do it, of course. Kerr County 12-09-13 45 1 H.R. -- H.R. performs the following background reference 2 checks: D.P.S. sex offender check. What if -- you know, 3 what if we don't want to use D.P.S.? So, you know, it could 4 go on and on and on. 5 COMMISSIONER LETZ: Got to be a registered voter. 6 Not sure why they've got to be a registered voter. 7 MR. HENNEKE: I don't think -- I mean, this -- 8 COMMISSIONER LETZ: It says -- I'm reading it. 9 COMMISSIONER OEHLER: To be a volunteer First 10 Responder. That's what really gets me. 11 COMMISSIONER BALDWIN: Yeah. All we're asking 12 today is to adopt this document that says, "Here is a person 13 that meets our criteria." 14 COMMISSIONER OEHLER: Then we pass them off to 15 them; if it doesn't meet theirs, then they're not going to 16 take them. 17 COMMISSIONER BALDWIN: That's probably true. 18 History says yes to that. But we're just trying -- I'm just 19 trying to take a step forward to try to meet them in the 20 middle somewhere. 21 COMMISSIONER LETZ: How about adding the words, 22 after "criteria," applicant that meets all the criteria of 23 Kerr County, including background, references, ability to -- 24 ability necessary to serve our community. Just add the 25 words, "of Kerr County." 12-09-13 46 1 MAYOR PRATT: Commissioner, can I offer something 2 here? 3 COMMISSIONER LETZ: Sure. 4 MAYOR PRATT: If you look at Number 5, I think 5 those are the main things that we're looking for. Kerr 6 County H.R. performs the following background and reference 7 checks, such as D.P.S. sex offender check; applicant cannot 8 be a registered sex offender. D.P.S. criminal background 9 check; applicant may not have any convictions, deferrals, or 10 pending probation for misdemeanors within the past three 11 years, nor may they have any conviction, deferrals, or 12 pending probation for felonies within the past seven years. 13 Drug screen at applicant's expense, or the Court's expense, 14 and must provide results to -- to the City or to H.R., and 15 that applicant must have successfully passed that screening 16 process. Motor vehicle record check; applicant must not have 17 any of the following violations during the previous three 18 years: License suspension/revocation, driving while 19 intoxication or under the influence or narcotics offenses, 20 any serious violations such as reckless driving, endangering 21 the lives of others, racing, et cetera. 22 COMMISSIONER BALDWIN: We've tabled it. It's 23 tabled. Let's go back to Item 1.9; consider, discuss, take 24 appropriate action on the utilities survey results done by 25 M.H.S.C. Energy. Mr. Bollier? 12-09-13 47 1 MR. BOLLIER: Yes, sir. I have here today with me 2 Kenny Loveless and Ms. Shirley Bell. They are from M.H.S.C. 3 Energy Management. They are here with the survey that they 4 were asked for here a couple months ago. I asked them to do 5 the jail and the courthouse, and I will turn it over to 6 Mr. Loveless. 7 COMMISSIONER BALDWIN: Okay. Welcome. Good to see 8 you. 9 MR. LOVELESS: Hi, how are you? 10 COMMISSIONER BALDWIN: Thank you. 11 MR. LOVELESS: Mind if I approach? 12 COMMISSIONER BALDWIN: Certainly. You just hand me 13 all of them, if you want, and I'll get them around to 14 everybody, save you some time. 15 MR. LOVELESS: Thank you very much. That should be 16 enough there. 17 COMMISSIONER BALDWIN: Thank you. 18 MR. LOVELESS: Do you need an extra copy for 19 Mr. Moser? 20 COMMISSIONER BALDWIN: The County Attorney would 21 want one. 22 MR. HENNEKE: Thank you. 23 MR. LOVELESS: All right. Well, we appreciate the 24 opportunity. You know, we actually sent surveyors here and 25 we went through the -- the courthouse and the jail and 12-09-13 48 1 counted every light bulb and checked the wattages of 2 everything. We looked at, of course, the electricity bills 3 for the past year on both so we could identify exactly what 4 the amount was being charged for per kilowatt hour. I would 5 include the T.D.S.P. charges and the -- or all charges for 6 that on what you're actually paying. And then, you know, 7 by calculating the amount per hour, the hours that they're 8 actually on and the wattage that each bulb draws, we can tell 9 you exactly what you're spending to operate your lights. 10 And so there's two -- there's two parts of our 11 proposal here. The courthouse is the first one. I guess 12 I -- hopefully, that's in the order. It shows that for a 13 five-year period, if we left the lights that are here -- and, 14 of course, we established in our first meeting that there's a 15 huge quality difference the LED lighting. It's better 16 lighting and less air conditioning and doesn't attract bugs, 17 all those things that we established. But when we're looking 18 at cost, there's a huge difference. And so the 102,446 for 19 the courthouse is what you will spend for lights if 20 everything stays the same; your electricity bills don't go 21 up, you still use the same hours, and you use the same lights 22 that you currently have. If we switched to LED lights, 23 you're still paying the same for electricity, still the same 24 hours, but this is how big the reduction is, and you can see 25 that the amount would drop from 102,446 to 27,555. So, it 12-09-13 49 1 would be approximately a $75,000 reduction in electricity 2 cost. This electricity cost can then be used to pay for the 3 lights, okay. 4 And that's -- that's the difficulty, you know, when 5 you're dealing in a situation where there might be a bid. 6 It's hard for me to lay out the cost of lights here today, 7 because it's a matter of public record. If there is a 8 bidding situation, then I would have already exposed my bid. 9 So -- but do I know those figures. I went over them with 10 Tim; we looked at them. And we've actually even gone to the 11 point of getting financing options through Government 12 Capital, which, as a county or city, you qualify for special 13 financing options that most businesses don't get, much lower 14 rate, and it's a huge rate of return for these -- both of 15 these accounts. And so on the second page, you can see kind 16 of what the -- the cost savings would be spread out from one 17 month to one year to five years to ten years. 18 And so, with the -- when we talk about lighting, 19 maintenance, labor and materials, we actually do know each 20 type of bulb and how -- what the average life is, so we're 21 able to calculate how many bulbs you have to replace, and 22 what the -- what the hours it takes to replace those. Of 23 course, some lights outside, you know, require special types 24 of tools to get to, you know, lift truck or whatever. It can 25 be very costly. But the bottom line is, on a 10-year period, 12-09-13 50 1 you would spend 204, or almost $205,000 with the current 2 lights you have, whereas if we switched to LED's with our -- 3 with our warranties and everything that come with our 4 program, you would only spend 55,000. So, over a 10-year 5 period, you'd have close to $150,000 net impact just on the 6 courthouse. And then if we look at the jail, it's going to 7 be a bigger -- it's going to be a bigger impact, because the 8 jail's lights are on more often than the courthouse. 9 So, the one big factor of those three factors is 10 how often lights are on, and so at the jail, your 5-year 11 usage would be $281,000. If you switched to the LED's, you 12 would only spend 107, so that would be $174,000 savings by 13 going there. And then the -- the following page also shows a 14 breakout and what your cash flow would be. So, on that 15 particular project, you'd have 340 -- about a $348,000 16 positive cash flow over 10 years, and the one for the 17 courthouse would be about 150,000. So, just in these two 18 buildings, we're looking at close to $500,000 in positive 19 cash flow. Now, the cost to do the project is far -- 20 COMMISSIONER BALDWIN: Why don't you stop for a 21 minute? I have a question. 22 MR. LOVELESS: You bet. 23 COMMISSIONER BALDWIN: Let me ask a question in 24 there. On the jail issue, did you take into consideration 25 the factor of state requirements? Rusty, let me see your 12-09-13 51 1 face while I'm talking. 2 SHERIFF HIERHOLZER: I'm listening. 3 COMMISSIONER BALDWIN: Where the jail cells is 4 required by law to have a certain amount of candlelight 5 and -- you know, around the room and everything. Do we take 6 that into consideration? In other words, when you turn your 7 lights on, can you see? 8 MR. LOVELESS: Much better than -- than with the 9 lights you currently have. 10 COMMISSIONER BALDWIN: Do you think that they will 11 meet the requirements of the state of Texas? 12 MR. LOVELESS: I believe so. I mean -- and I could 13 get my lighting engineers to verify each one, but we always 14 try to -- 15 COMMISSIONER BALDWIN: That's a pretty strict 16 thing, I think. Isn't it, Rusty? 17 SHERIFF HIERHOLZER: Well, if they're changing any 18 fixtures, it would all have to be submitted and approved by 19 the State Commission on Jail Standards before anything could 20 be done, if you're changing any kind of fixture inside that 21 jail. 22 COMMISSIONER BALDWIN: Okay. 23 SHERIFF HIERHOLZER: And the amount of, you know, 24 light that it puts out is going to have to be looked at at 25 the same time. But that would be a lengthy process, because 12-09-13 52 1 each and every fixture would have to be drawn out, and where 2 they're going and how they're being -- how they're going to 3 be installed. You know, what's the security issues with that 4 fixture? Is it as -- as secure as our correctional fixtures 5 are now? This would be a pretty good process. 6 COMMISSIONER BALDWIN: Yeah. But you can do all 7 that stuff? 8 MR. LOVELESS: Oh, yeah, absolutely. As a matter 9 of fact, in most cases, we're not changing the fixture. 10 We're retrofitting the current fixture to -- to put in the 11 new light. In this particular case, for example, you don't 12 change anything; you screw that bulb out, put the new bulb 13 in. But in the -- and then with fluorescents, T12's or T11's 14 or T8's that are replaced, you use the same fixture. You 15 just change three of the tombstones on one end and bypass 16 the -- you actually eliminate the need for ballast, so that's 17 that much less maintenance that has to be done, because these 18 have internal drivers, so it's basically putting a different 19 tube in. The neat thing -- one of the reasons LED's can 20 provide so much light to the actual surface with less wattage 21 used is because they -- they can be directional. For 22 example, a tube -- a fluorescent tube that is a 32-watt T8 23 fluorescent, it's sending light up and out and down, where 24 the LED would be sending it all into the room where it's 25 needed, not up into the ceiling, and so you often have a 12-09-13 53 1 tremendously brighter, whiter light. You can -- and, of 2 course, we can customize the color of the light, so we have 3 3,000 kelvin, 4,000 kelvin, 5,000 kelvin, which is considered 4 noonday sun. It's the most perfect light, and I have 5 pictures of it. And I brought some last time, but I actually 6 have a lot of data that you can look at. 7 COMMISSIONER LETZ: A question I have -- I mean, 8 there's no question LED saves money. I mean, that's a given. 9 The question I have is, are you saying that we have to bid 10 the project to get the installation cost? 11 MR. LOVELESS: I don't know how the county works. 12 In other words, I don't know how you -- what you need in 13 order to award a contractor. So, if -- 14 COMMISSIONER LETZ: I mean, it depends on -- that's 15 what I'm saying. Unless we know the amount of the -- you 16 know, if it's going to be $100,000 to do all this, yes, we 17 have to bid it. If it's 5,000, no, we don't. 18 MR. LOVELESS: Then we will have -- it's close to 19 $100,000 to do -- 20 COMMISSIONER LETZ: It will have to be bid. 21 MR. LOVELESS: -- do the project. But the 22 return -- 23 COMMISSIONER LETZ: Right. Well, I mean, I get 24 that. But, I mean, the -- the issue is, we have to bid it, 25 and then we make a decision based on the cost of the 12-09-13 54 1 installation? 2 MR. LOVELESS: Right. Two things that I -- one of 3 the things that I was able to acquire for you because you're 4 a county, and they were able to do the -- to look, and I did 5 look at a 5-year and a 7-year package with Government Capital 6 on both of these projects, and I can give you some figures 7 real quick without laying too much out. 8 COMMISSIONER LETZ: We're probably not going to 9 borrow. 10 MR. LOVELESS: Okay. Well -- 11 COMMISSIONER LETZ: At least not, like, from a 12 financing company. 13 MR. LOVELESS: Even if you don't, just so you'll 14 know what the positive cash flow would be on that type of 15 money, if -- if it was the courthouse on a 7-year -- 7-year 16 Government Capital -- these are just for government 17 facilities. You wouldn't make a payment until the end of 18 each year. It all would be in the rear, so the first year 19 you just -- you'd be able to have all the savings before a 20 payment would be due. The payment would be, on the 21 courthouse, 14,901, and the savings for that year is 20,489, 22 so there would be a positive cash flow of $4,500 per -- per 23 year for a 7-year deal. So, it's not like it's costing the 24 County to upgrade and improve everything out of pocket if 25 they wanted to take that option. And then on the jail, it's 12-09-13 55 1 much bigger. The 7-year annual payment would be 19,300, and 2 the savings are 34,000, so it would be a significant positive 3 cash flow. 4 COMMISSIONER LETZ: Yeah. Now, I guess my first 5 question was will it have to be bid, so that answers that 6 question. Second question is, what if it doesn't -- what if 7 we were to do this, and it didn't meet the -- the goal that 8 you're setting out? 9 MR. LOVELESS: Well, we offer a -- a guarantee. We 10 actually offer a plan that will guarantee the savings 11 absolutely, so we can -- we can do that. To me, it's just -- 12 it's all -- it's all very proveable math, so there's -- to 13 me, it seems redundant. But we can get into the math, 14 exactly how we did it, and you can say, well, there's really 15 no room for error here. The only room that there is for 16 error is usually if the electricity prices went up or down, 17 but normally -- and all the predictions are that they will be 18 going up over the next five years. It's very -- I mean, I -- 19 I'm also in the energy business, and so I believe that 20 it's -- 21 COMMISSIONER LETZ: The guarantee covers 22 installation as well? I mean, it's a fixed -- "This is the 23 cost"? Say you get into the jail. That's a lot different 24 than going into a house. 25 MR. LOVELESS: Right. No -- 12-09-13 56 1 COMMISSIONER LETZ: It's going to be, I mean, a 2 whole lot different. So, I mean, you know, if we were to -- 3 I guess my -- I want -- if we were to go forward and you were 4 to be the successful bidder, I want to know that the price 5 that you bid is going to get it done, even if it costs you 6 three times as much to get it done. 7 MR. LOVELESS: No, absolutely. That would be 8 guaranteed. The basic quote that we offer is the price of 9 the tubes and the installation. That's a fixed price. We 10 show those on our quotes. And then we have two options; one 11 is a maintenance contract, and one is a performance contract. 12 And the performance contract absolutely guarantees that you 13 don't have any more out of pocket than what we've predicted, 14 and then the maintenance contract would be -- first of all, 15 all the lights we put in and fixtures are 100 percent 16 guaranteed for five years, no matter what, okay. We would 17 replace the bulb, okay. If you have the maintenance plan, we 18 would actually send a technician to go put the bulb in, you 19 know, but since you already have a maintenance department -- 20 COMMISSIONER LETZ: Is that a performance bond? 21 MR. LOVELESS: It's a performance contract. It's 22 like an insurance policy. 23 SHERIFF HIERHOLZER: But it's a contract on the 24 cost -- out-of-pocket cost of putting it in. Is it a 25 contract guaranteeing that amount of savings? 12-09-13 57 1 MR. LOVELESS: It would be -- it would be 2 guaranteeing the savings numbers that we predicted got hit. 3 SHERIFF HIERHOLZER: Okay. And if an inmate tears 4 up a fixture, is it still covered -- 5 MR. LOVELESS: No. 6 SHERIFF HIERHOLZER: -- under that contract? 7 MR. LOVELESS: No, that would be vandalism. 8 SHERIFF HIERHOLZER: See, the security part of the 9 picture is what's going to have to be -- how easily are they 10 destroyed, and are they correctional-grade fixtures? 11 MR. LOVELESS: They are -- they are ten times 12 stronger than a normal light bulb. They're -- 13 SHERIFF HIERHOLZER: I'm not talking about the 14 light bulb; I'm talking about -- that's a 20-year-old jail, 15 you know, and the fixtures in it are -- the type of glass 16 that's in those fixtures are all correctional grade. If 17 those have to be upgraded, -- 18 MR. LOVELESS: Right. 19 SHERIFF HIERHOLZER: -- okay, one due to age, and 20 two due to, you know, how y'all are going to change it, 21 there's going to be a lot that has to go into that. 22 MR. LOVELESS: Right. 23 SHERIFF HIERHOLZER: Because half of those fixtures 24 are made into the walls of the jail, okay? They're going to 25 have to be the same exact size, same exact everything. 12-09-13 58 1 MR. LOVELESS: I don't believe we're planning on 2 changing any of your fixtures. I believe it's all retrofits 3 and upgrading the fixtures that are there. The guts inside 4 of them, not the fixture itself. So, I can doublecheck that, 5 and I would love to call you and -- and give you the detail 6 on that. But -- 7 SHERIFF HIERHOLZER: I'd have to see what they are, 8 and it would have to, like you said, be bid, and it would 9 have to go through commission -- Jail Commission and 10 everything else to be sure. 11 COMMISSIONER LETZ: County Attorney, you had a 12 comment? 13 MR. HENNEKE: Are y'all the same firm that's been 14 working on this with Llano County? 15 MR. LOVELESS: I'd have to check and see. I'm 16 working with Junction County right now. I don't know about 17 Llano County. 18 MR. HENNEKE: I know Llano's been working on this 19 months ahead of us, and it may be worth seeing where they're 20 at. I know they're at least six months to a year ahead of us 21 having looked at this, and a lot of these questions may 22 already be answered, or they may have already done a lot of 23 this work. 24 COMMISSIONER LETZ: I think -- my feeling is LED is 25 the way to go, if this makes sense to do it. I mean, I'm all 12-09-13 59 1 in favor of it. Saving money is saving money. And we just 2 need to make sure we're protected, and if it's going to have 3 to be bid, the next step from our standpoint is going to be 4 to put out a bid and we'll look at the results, and need to 5 make a decision either yes or no after we get the bids in. 6 That's how -- how we have to proceed, you know. And I think 7 the bid specifications will -- will dictate, you know, jail 8 standards and all that other stuff that you're going to have 9 to, you know, meet, you or whoever else bids on it. You 10 know, it makes sense. It makes sense. A lot of them, you 11 know -- like you said, I mean, in here, Maintenance can go 12 buy the bulbs. The problem is, the bulbs cost too darned 13 much, you know, and that's why you obviously have the 14 financing in here, because the up-front cost is high, you 15 know. But, anyway, I think it's worthwhile pursuing. I 16 think it's worthwhile putting out a bid for it, but I think 17 it's going to be worthwhile to do that about February. 18 MR. LOVELESS: Well, we would love to participate 19 in that, and if you need any help with specifications, I'll 20 be happy to help there as well. You know, we buy a lot of 21 bulbs, obviously, since we do this nationwide. And we get -- 22 we have learned there's some -- they're not all equal, just 23 like everything else in life. There are different qualities. 24 And we're very particular about using commercial grade only 25 in our -- in our installations. So, all those kind of 12-09-13 60 1 things, you know, are things that in the bid specs are 2 important, and if we can help in any way, we'd love to help 3 with that. 4 COMMISSIONER LETZ: I think the -- Jody, why don't 5 we put this on our agenda sometime in January, maybe the 6 second meeting in January, to figure out if we want to do an 7 RFP. 8 COMMISSIONER OEHLER: Get the specifications, and 9 if we decide to go out to bid, we can. 10 COMMISSIONER LETZ: And we may use a resource. I 11 mean, I don't think we have the technical expertise to do the 12 bid specification, so we're probably going to have to look at 13 hiring someone to do the bid specs for us. I don't think we 14 probably have that in-house. Maybe the City wants to join us 15 and do it for both of us. The Mayor isn't -- he did hear me. 16 I thought he wasn't going to look at me. If we have to do a 17 bid thing, if it works, it may make sense to do both offices 18 together -- both City and County together. 19 MAYOR PRATT: We've already got that in the new 20 City Hall. 21 COMMISSIONER LETZ: Y'all put LED in? 22 MAYOR PRATT: We put the LED in even in the garage. 23 COMMISSIONER LETZ: Right. That's a -- I mean, new 24 construction, it's clearly the way to go. Whether it's worth 25 doing it after the fact -- and it very well could be, but -- 12-09-13 61 1 COMMISSIONER OEHLER: We'll find out. 2 COMMISSIONER LETZ: We'll find out. We might -- 3 COMMISSIONER BALDWIN: So, we're way out in this 4 thing. You're putting it on for January. Are you coming 5 back? Are you checking on Llano? 6 MR. HENNEKE: Sure. 7 COMMISSIONER BALDWIN: Okay. 8 MR. LOVELESS: Whatever you need. And then I can 9 probably also get other -- I probably can get you copies of 10 other bid specs that other cities and counties have used, if 11 you want that to help you so you don't have to spend a bunch 12 of money having somebody create it from scratch. 13 SHERIFF HIERHOLZER: If there's been any done 14 inside a correctional facility, if you've got that 15 information, I'd like to see it. 16 COMMISSIONER LETZ: Yeah, anything you have to help 17 us would be welcome. 18 MR. LOVELESS: Sure. Sure. 19 COMMISSIONER BALDWIN: Thank you very much. 20 MR. LOVELESS: Thank you. 21 COMMISSIONER BALDWIN: Thank you. Thank you, Tim. 22 MR. BOLLIER: Yes, sir. 23 COMMISSIONER BALDWIN: Let's go to Item 1.13, and 24 we'll do a couple more and then we'll take a short break. 25 Item 1.13; consider, discuss, take appropriate action to 12-09-13 62 1 appoint courthouse Law Librarian. Mrs. Trolinger? Would you 2 come forward, please, and give us your name and address and 3 tell us what's on your mind. 4 MS. TROLINGER: Good morning. Thank you. Jane 5 Trolinger, and you need my address, really? 6 COMMISSIONER BALDWIN: Yes, ma'am, please. 7 MS. TROLINGER: 506 Stonewall Street, Kerrville, 8 Texas. 9 COMMISSIONER BALDWIN: Uh-huh, now we know. Okay, 10 thank you. 11 MS. TROLINGER: All right. Good morning, and thank 12 you for letting me be on the agenda. I am asking you to 13 appoint me the county Law Librarian. I believe the Law 14 Library is an integral and vital part of the community that 15 it serves. I have found a lot of support in my efforts to 16 keep the library -- Law Library open. I have had requests 17 for books and offers for free updates, and received moral 18 support from -- from county judges. Mr. Henneke has 19 graciously offered to turn the library over to me. So, 20 again, I'm here today to ask you to appoint me the county Law 21 Librarian. 22 MR. HENNEKE: No, I haven't done that. I mean, 23 just to update, gentlemen, I mean, over the weekend I ran 24 into Ms. Trolinger, and I mentioned the agenda item. I 25 hadn't talked to her about it beforehand, and I said it was 12-09-13 63 1 -- it was up to the Commissioners Court. You know, the 2 current action of the Commissioners Court is involving moving 3 the library. Y'all entered an order and appropriated funds 4 to do that, but that was put on pause when there was some 5 discussion about location of some other offices in the county 6 which hadn't been resolved, the V.S.O. and some other spaces, 7 and so that order that y'all entered into, which has never 8 been reversed and which is a standing order of the Court, had 9 been paused. And then Judge Tinley's been out for a while, 10 so really nothing has happened on that. But -- so I continue 11 to save money in the -- in the library. I've cut about 12 $30,000 out of the budget from eliminating waste and 13 unnecessary resources, and I'm still auditing those. Saved 14 $1,500 last week on finding something that was just on auto 15 order that we don't need. 16 But, you know, at some point, the issue of, you 17 know, where the library's going to be now should be confirmed 18 before we put in more money or resources into that. But it's 19 not anything that's noticed for today, one, or two, needs to 20 be resolved immediately. In the meantime, I'm keeping up 21 with the books. But, you know, Robbin -- I think at the end 22 of the day, you know, an elected official ought to be over 23 the library. I think Robbin had some interest initially, and 24 I'm -- I'm happy to continue to oversee it until, you know, 25 the location and whatnot gets resolved. But if y'all would 12-09-13 64 1 like, you know, Robbin or -- or another elected official, 2 somebody else to do it, then I'm happy to -- it's up to the 3 Commissioners Court. In the meantime, I'm keeping up with 4 the books and just waiting for, you know, a decision sometime 5 next year, once the whole reorganization of the courthouse 6 gets worked out. 7 COMMISSIONER LETZ: I mean, I see -- I'm glad for 8 you to help. If -- if the County Attorney, who is the Law 9 Librarian, in my mind, right now, wants you to help, that's 10 fine. But I think it needs to be a county elected official. 11 But it certainly has to be a county -- under the County's 12 direct responsibility, and I don't think a volunteer can 13 handle that. 14 MS. TROLINGER: Well, the Local Government Code, 15 there's -- it's up to the Commissioners to choose. It 16 doesn't say that it has to be an official, a lawyer, an 17 elected official. It's up for the Commissioners to decide. 18 And all I'm asking is to be appointed Law Librarian. It 19 doesn't matter to me where the library is located. I mean, 20 if it moves, you know, wherever it moves to. I'm just asking 21 to be the Law Librarian. I'm not -- I didn't -- don't want 22 to be here to say that Mr. Henneke hasn't done this or hasn't 23 done that. I just was asking to be approved the Law 24 Librarian. 25 COMMISSIONER BALDWIN: I think in order to do that, 12-09-13 65 1 he either needs to resign or we fire him or whatever that's 2 about, and I can't imagine why we'd do that, you know. And 3 then you have the District Clerk, where the Law Librarian 4 position has been held for the past 100 and something years. 5 I mean, I don't know why we'd do a change. Do you have a -- 6 do you have a good reason for us to change? 7 MS. TROLINGER: Do I have a good reason? 8 COMMISSIONER BALDWIN: Mm-hmm. 9 MS. TROLINGER: Well, I'd like to see the library 10 still be accessible to the Sheriff, for the county jail 11 inmates, for the Commissioners, the elected officials, the 12 community, your constituents. 13 COMMISSIONER BALDWIN: Have you closed the library? 14 MR. HENNEKE: I mean, it's been -- you know, it was 15 boxed up in preparation for the move. 16 COMMISSIONER BALDWIN: Oh, yeah. 17 MR. HENNEKE: And, you know, I haven't invested 18 additional resources into it while some of these issues have 19 had to be sorted out. But the -- you know, the space -- I 20 think the door's unlocked upstairs. 21 MR. ROBLES: We have the auditors up there right 22 now. It's still open. 23 MR. HENNEKE: That's right, the auditors are using 24 it right now for the county audit, so they're kind of busy 25 right now. 12-09-13 66 1 MS. TROLINGER: Yeah. I mean, I'm not asking to -- 2 I'm not here to say that Rob has done a good or a bad job or 3 anything like that. You know, he's going to be moving on, 4 and I'm just asking to be appointed the Law Librarian, given 5 the chance, so that I can continue re -- you know, reducing 6 -- keeping the Law Library -- 7 COMMISSIONER BALDWIN: Sure. 8 MS. TROLINGER: -- under budget, which he -- Rob 9 has stated that he's done, and just continue on. 10 COMMISSIONER BALDWIN: Sure. 11 MS. TROLINGER: You know, for Kerr County. 12 COMMISSIONER BALDWIN: Only thing I can say to you 13 is we'll take it under advisement. I'd entertain a motion 14 right now. Does anybody have a motion to make? So, there's 15 -- there's going to be no action taken on this particular 16 agenda item. Thank you very much. 17 MS. TROLINGER: Thank you. Thank you for having 18 me. 19 COMMISSIONER BALDWIN: Okay. Item 1.14; consider, 20 discuss, take appropriate action regarding Kerr County's 21 application for TexDOT grants to improve county roads per 22 House Bill 1025. Commissioner Letz. 23 COMMISSIONER LETZ: In a nutshell, I think we all 24 received a letter from TAC basically saying that -- 25 COMMISSIONER OEHLER: Yeah, that was from Jim 12-09-13 67 1 Allison. 2 COMMISSIONER LETZ: From Jim Allison? Yeah, Jim 3 Allison, one of the others. They're almost interchangeable. 4 Anyway, about that, there's a -- H.B.1025 allocated a big 5 pocket of money for damage to roads caused by the oil 6 industry, essentially. In a nutshell, we're allocated 7 initially 121,000, I believe. And they will graciously file 8 all the forms for us for $5,000. 9 COMMISSIONER BALDWIN: And give us how much? 10 COMMISSIONER LETZ: 121,000, the balance of the -- 11 we get the balance. If they don't -- if we don't get any -- 12 if we get 5,000 out of that pot, we end up with nothing; they 13 take the full 5,000. Anything over 5,000, we get. We work 14 with TexDOT on it. You know, it's pretty standard. It's -- 15 you know, these things come along. To me, they're usually a 16 pretty good idea. I haven't looked at the application 17 process, trying to get someone to do it, but if the money's 18 available and allocated, there's a good chance we'll get it, 19 which will help our road system. They're, you know, county 20 roads, and maybe state highways. I'm not sure the details of 21 it, but we can either request more information or go ahead 22 and pursue it. Rob, have you looked at this in any detail? 23 We have until February 1st, I believe, to get the application 24 submitted, so it's not like this is time sensitive for today. 25 I put it on the agenda really just to get interest, and if 12-09-13 68 1 there is, you know, we can also ask someone in Jim Allison's 2 office to come down and explain it to us a little bit more. 3 COMMISSIONER OEHLER: I don't see any reason why we 4 wouldn't do it. The way I read it was it was 121,000 5 available to Kerr County, and if it costs us 5,000 to get it, 6 it doesn't make any sense to do otherwise. 7 COMMISSIONER LETZ: Right, yeah. 8 COMMISSIONER BALDWIN: So, why don't you do a 9 motion to authorize the County Engineer's -- I mean, 10 Mr. Odom's office to pursue it? 11 COMMISSIONER LETZ: Well, I think it's more for us 12 to pursue it. I'll make a motion for -- 13 COMMISSIONER BALDWIN: Okay. 14 COMMISSIONER LETZ: -- Kerr County to pursue it, 15 and authorize the County Attorney to look at the agreement. 16 COMMISSIONER BALDWIN: All right. 17 COMMISSIONER OEHLER: Second. 18 COMMISSIONER BALDWIN: And you're not going to 19 authorize -- you want him to -- 20 MR. HENNEKE: Want me to bring it back? Or if it's 21 all right, do you want to authorize it? 22 COMMISSIONER LETZ: I think we ought to bring it 23 back. 24 MR. HENNEKE: Okay. 25 COMMISSIONER BALDWIN: Okay. All right, that's 12-09-13 69 1 fine. 2 COMMISSIONER LETZ: We have plenty of time, just to 3 make sure we have the details. 4 COMMISSIONER BALDWIN: Give us a motion. 5 COMMISSIONER LETZ: I just made one. He seconded 6 it. 7 COMMISSIONER BALDWIN: And there was a second? 8 MR. BOLLIER: You were lost, sir. 9 COMMISSIONER OEHLER: Wake up over there. 10 COMMISSIONER LETZ: The motion is we're going to 11 pursue it and authorize the County Attorney to look at the 12 agreement. 13 COMMISSIONER BALDWIN: Okay. 14 COMMISSIONER LETZ: Bring it back at our first 15 meeting in January to enter into the contract. 16 COMMISSIONER BALDWIN: Very good. No further 17 communication? All in favor, please raise your right hand. 18 (The motion carried by unanimous vote.) 19 COMMISSIONER BALDWIN: Motion carries. How about a 20 short break, gentlemen? 21 COMMISSIONER OEHLER: Yes. 22 COMMISSIONER BALDWIN: Ten-minute break. 23 (Recess taken from 10:30 a.m. to 10:40 a.m.) 24 - - - - - - - - - - - 25 COMMISSIONER BALDWIN: All right, Commissioners 12-09-13 70 1 Court is coming back to session. It is 10:40, and we're 2 going to bring up Item 1.3 again; consider, discuss, take 3 appropriate action to open, read and award annual bids for 4 the Road and Bridge -- for road base, cold mix, aggregate, 5 emulsion oil, and metal pipe. Mr. Odom? 6 MR. ODOM: Yes. 7 COMMISSIONER BALDWIN: Have you reviewed and 8 selected -- made your selections? 9 MR. ODOM: Yes, sir, thank you. With the 10 corrugated metal pipe, the bid goes to -- Wilson Culverts had 11 the best bid. On base material, J.D. Reeh. James Reeh is 12 the best price. 13 COMMISSIONER OEHLER: James Reeh. 14 MR. ODOM: James Reeh. Ree, Ray. I'm not German, 15 so -- I'm an Irish boy. There was no bid from James on 16 three-quarters, so Wheatcraft had the low bid on 17 three-quarters to dust. And I would also ask the Court to 18 understand that sometimes, because of location, that we would 19 be able to get it because of the freight and time involved in 20 it, but basically we would go with Reeh. 21 COMMISSIONER LETZ: Reeh. James Reeh. 22 MR. ODOM: James Reeh, okay. And -- 23 COMMISSIONER OEHLER: Reeh, Wheatcraft, and Wilson 24 Pipe? 25 MR. ODOM: Right. On emulsion, Ergon is the low 12-09-13 71 1 bid. We held about the same on that, for the Court's 2 information. It was 2.5536. We're about 29/1000's of a 3 penny difference than this last bid, so basically across the 4 board, we stayed about like that with AEP and CRS-2. So, 5 we're holding our budget in there pretty well this year. 6 Asphalt -- that was black base and cold mix -- it was Vulcan 7 Materials, and paving aggregates, Grades 3, 4, and 5, was 8 Martin Marietta, and that price was about 2.75 a ton cheaper 9 this year. 10 COMMISSIONER OEHLER: That's a pretty good savings. 11 MR. ODOM: So, it starts to add up a little bit 12 there for the -- the department. So, I would ask the Court 13 to accept those bids as I presented those. 14 COMMISSIONER OEHLER: Award. 15 MR. ODOM: Huh? 16 COMMISSIONER OEHLER: To award. 17 MR. ODOM: To award those bids. 18 COMMISSIONER OEHLER: Okay. I'll move that we 19 award bids for all the above in the agenda item to James 20 Reeh, Wilson Culverts, Ergon, Vulcan, and Martin Marietta for 21 Grades 3, 4, and 5 annually. 22 COMMISSIONER LETZ: That's for the respective 23 materials they're bidding for? 24 COMMISSIONER OEHLER: Yes. 25 COMMISSIONER LETZ: Second. 12-09-13 72 1 COMMISSIONER BALDWIN: We have a motion and second. 2 Any further discussion? All in favor, say "aye." 3 (The motion carried by unanimous vote.) 4 COMMISSIONER BALDWIN: Motion carries. 5 MR. ODOM: Thank you. 6 COMMISSIONER BALDWIN: Thank you, Mr. Odom. Item 7 16; consider, discuss, take appropriate action to address 8 possibility of prohibiting the sale or use of restricted 9 fireworks -- that would be skyrockets with sticks and 10 missiles with fins -- in any portion of the unincorporated 11 area of Kerr County pursuant to Local Government Code 352.051 12 for the December fireworks season. I understand if we pass 13 this or approve this, that it begins December 15th, would be 14 the starting date. So, does anyone have any interest in this 15 at all? Hearing none, we'll pass that and go on. Item 1.17; 16 consider, discuss, take appropriate action to approve request 17 to reorganize and rename Environmental Health and Animal 18 Control Departments. Mr. Garcia? 19 MR. GARCIA: Morning, gentlemen. 20 COMMISSIONER BALDWIN: Good morning, sir. 21 COMMISSIONER OEHLER: Morning. 22 MR. GARCIA: I've completed my reorganization chart 23 and assessment. In front of you, you have your copies. The 24 Environmental Health and Animal Control Departments will be 25 combined under one department name of the Kerr County 12-09-13 73 1 Environmental Health and Animal Services. They will remain 2 under separate budgets. Each department will still house the 3 divisions that we -- and the services that we provide, that 4 are included on your front page there. Animal Control will 5 be named Animal Services, to fall in line with the Kerr 6 County Environmental Health and Animal Services name. On the 7 next page, with that Kerr County Environmental Health and 8 Animal Service position reorganization, it says 9 administrative assistant for Environmental Health is one. 10 Converted an animal -- assistant/Animal Control/kennel 11 position, and converted that into an administrative assistant 12 Animal Services position. And we have two O.S.S.F. 13 designated representatives, two deputy constables, which will 14 also enforce animal control, Health and Safety Code, and 15 laws. And then I converted the Assistant Animal Control 16 Director position -- 17 MR. HENNEKE: Hey, wait. 18 MR. GARCIA: -- into an Animal Control -- 19 MR. HENNEKE: I think this is going into 18 as 20 well, if y'all want to call both agenda items, just -- and 21 hear both at once. 22 COMMISSIONER BALDWIN: Yes. Item 18; consider, 23 discuss, take appropriate action to approve job description 24 and position schedule for Environmental Health and Animal 25 Control Departments. And we're not going to go into 12-09-13 74 1 executive session on that; Mr. Garcia is going to refrain 2 from naming names and just talk about positions. 3 MR. GARCIA: As I was saying, conversion of one 4 position; the Animal Control Assistant Director has been 5 converted back into an Animal Control officer. And then we 6 have two kennel technician/Animal Control officers. One 7 position as the administrative assistant is being moved up, 8 the step and grade, and the Assistant Animal Control Director 9 position is being moved down a step and grade. And then on 10 the back is the actual chain of command flowchart. 11 COMMISSIONER BALDWIN: Ray, the shift, is there 12 a -- how much is that total cost? 13 MR. GARCIA: We did have a savings, not a -- it 14 wasn't -- 15 COMMISSIONER BALDWIN: Ah. You're a good man. 16 MR. GARCIA: Total proposed amount was 189,871, 17 with a total savings of 1,546 on the realignment of these 18 positions. 19 COMMISSIONER BALDWIN: Thank you. 20 MR. GARCIA: And they also were in line with our 21 job description survey that we were getting done, and I'll 22 call on the H.R. Director. 23 MS. LANTZ: This is basically in line with MGT, 24 because in September, we withheld the Animal Control and some 25 of the Environmental Health positions, and this puts 12-09-13 75 1 everything cohesive, in line with what MGT. 2 COMMISSIONER BALDWIN: Okay, thank you. 3 COMMISSIONER OEHLER: So, you're asking us to 4 rename your departments combined into Kerr County 5 Environmental Health and Animal Services? 6 MR. GARCIA: Yes, sir. 7 COMMISSIONER OEHLER: And to adopt and approve your 8 position schedule? 9 MR. GARCIA: Yes. 10 COMMISSIONER LETZ: Is that a motion? 11 COMMISSIONER OEHLER: That's a motion. 12 COMMISSIONER LETZ: Second. 13 COMMISSIONER BALDWIN: We have a second -- motion 14 and second. Any further discussion? 15 COMMISSIONER LETZ: Just a quick comment. 16 MR. GARCIA: And the job descriptions. 17 COMMISSIONER LETZ: And the job descriptions. 18 COMMISSIONER OEHLER: Job descriptions, yes. 19 COMMISSIONER LETZ: I appreciate you taking the 20 time and going through -- not acting quickly, just taking 21 your time and looking at those two offices and figuring how 22 to coordinate them all as one. I like the plan. I think 23 it's going to work. I just want to say I appreciate you 24 taking the time to get this done. 25 COMMISSIONER BALDWIN: I agree. All in favor, 12-09-13 76 1 raise your right hand. 2 (The motion carried by unanimous vote.) 3 COMMISSIONER BALDWIN: Motion carries. Thank you, 4 Mr. Garcia. 5 MR. GARCIA: Thank you. 6 COMMISSIONER BALDWIN: We'll go to the approval 7 agenda, Number 4, pay the bills. 8 COMMISSIONER LETZ: Commissioner, I move we pay the 9 bills. 10 COMMISSIONER OEHLER: Second. 11 COMMISSIONER BALDWIN: That would be a good thing. 12 COMMISSIONER LETZ: Be a good thing. Don't want to 13 not pay the bills. 14 COMMISSIONER BALDWIN: All in favor, raise your 15 right hand. 16 (The motion carried by unanimous vote.) 17 COMMISSIONER BALDWIN: Motion carries. Budget 18 amendments. 19 MR. ROBLES: There's none. 20 COMMISSIONER BALDWIN: There is none. That's a 21 good thing. Late bills? 22 MR. ROBLES: Yes, sir, we do have -- 23 COMMISSIONER BALDWIN: I do see some late bills. 24 MR. ROBLES: -- five of them. Advantage 25 Communication, First Advantage, Staples, Luis Venegas, and 12-09-13 77 1 Dave -- I can't pronounce that last name. 2 MS. LEMEILLEUR: LeMeilleur. It's a lot like Reeh. 3 COMMISSIONER OEHLER: I move we pay the late bills. 4 COMMISSIONER LETZ: Second. 5 COMMISSIONER BALDWIN: We have a motion and second. 6 All in favor? 7 (The motion carried by unanimous vote.) 8 COMMISSIONER BALDWIN: Motion carries. And we have 9 been presented with monthly reports, which includes Kerr 10 County payroll, Constable Precinct 1, Kerr County Clerk, J.P. 11 3, District Clerk, Constable 4, Kerr County Animal Services, 12 and Kerr County Environmental Health. I'd entertain a motion 13 to approve these. 14 COMMISSIONER LETZ: So moved. 15 COMMISSIONER OEHLER: Second. 16 COMMISSIONER BALDWIN: All in favor, raise your 17 right hand, please. 18 (The motion carried by unanimous vote.) 19 COMMISSIONER BALDWIN: Thank you. Motion carries. 20 We've got to sign this, don't we? Stand by. Reports from 21 Commissioners, liaison/committee assignments. Mr. Oehler, do 22 you have anything to give us today? 23 COMMISSIONER OEHLER: Just the fact that the stock 24 show folks are getting an early start this year on setting up 25 all the pens and getting the -- Road and Bridge delivered the 12-09-13 78 1 sand the other day, so they're kind of getting a head start 2 on getting ready for the stock show, which is going to be a 3 week-long event this year, not just four days. A statewide 4 ag mechanic show is going to be part of it, which is a big 5 deal, interest from across the state. Very -- it's a growing 6 thing, and I don't know how many entries they have, but 7 anyway, it's going to be a big show, and they're going to 8 have everything set up. It's going to be ready to go ahead 9 of time. 10 COMMISSIONER BALDWIN: I've been asked to ask the 11 question, what about the new P.A. system? 12 COMMISSIONER OEHLER: You know, Jonathan's in 13 charge of that. 14 COMMISSIONER LETZ: The new P.A. system has been 15 installed and is working really good. I mean, it's in the -- 16 the new system. And you're talking about in the old barn? 17 COMMISSIONER BALDWIN: Well, I'm not sure. 18 Something -- something's not working. 19 COMMISSIONER LETZ: The -- 20 COMMISSIONER OEHLER: The one in the new barn has 21 just been a problem. It was a problem for the fundraiser, 22 and I don't know whether anything's been done on that or not. 23 MS. LANTZ: I was asked by the board to bring it 24 up, and I talked to Tim about it, just to make sure before 25 the stock show. 12-09-13 79 1 MR. BOLLIER: What really needs to happen out there 2 is we need to add two half speakers in the new show barn, 3 'cause we got it down the middle, and we probably need to add 4 two half speakers like this in the middle. And probably the 5 same thing over in the old barn. 6 COMMISSIONER LETZ: Do you have money to do that? 7 MR. BOLLIER: I don't have the money to do that, or 8 I would have already done it. But I -- I mean, we don't -- 9 when there's people in there is when there's a problem. 10 Like, we can go out there now; we have it turned on and it 11 works fine. You hear just plain as -- it's really good all 12 over the place, so I don't know what to say. 13 SHERIFF HIERHOLZER: You just can't hear it when 14 you have anybody in there. 15 MR. HENNEKE: Works fine when nobody's in there. 16 MR. BOLLIER: Works great when there's nobody in 17 there. But I think I'm going to -- I think what we can do 18 is, we're just going to have to play with that volume in 19 there, and that's all I can do. You know, I don't know 20 whether -- 21 COMMISSIONER OEHLER: It worked perfectly for a 22 while, then all of a sudden it's gotten to where you can't 23 even understand anything. 24 MR. BOLLIER: Well, that's what I'm hearing. 25 COMMISSIONER LETZ: We need to call up Southwest or 12-09-13 80 1 whoever we call, get them up here to look at it. 2 MR. BOLLIER: Okay, I can do that. 3 COMMISSIONER BALDWIN: Aren't they responsible 4 for it? 5 COMMISSIONER LETZ: Yeah. 6 COMMISSIONER BALDWIN: That thing's, what, one year 7 old? 8 COMMISSIONER OEHLER: Not even a year old. 9 MR. BOLLIER: Not even a year old. 10 SHERIFF HIERHOLZER: Under warranty. 11 COMMISSIONER OEHLER: This thing's got to work. We 12 spent $28,000 for this system. It's got to work. 13 COMMISSIONER BALDWIN: Okay. Tim, are you going to 14 take care of that? 15 MR. BOLLIER: I'll take care of that. 16 COMMISSIONER BALDWIN: Thank you. Yes, ma'am? 17 MS. LANTZ: If there is a request, I can bring it 18 to the board, if you want to see if the stock show would be 19 willing to purchase an extra speaker, if that will help. I 20 don't know. If I can get the cost on it, I mean, I know 21 they've done some other things in the past to help. We did 22 buy another microphone. So -- 23 COMMISSIONER LETZ: My feeling is it's not the 24 stock show's responsibility to buy the speakers. 25 COMMISSIONER OEHLER: No, it -- the County needs to 12-09-13 81 1 -- should pay for that. 2 COMMISSIONER LETZ: If we need to add speakers, we 3 need to figure out where to get that money, you know. But 4 I'm like you; it worked last year. 5 COMMISSIONER BALDWIN: Let me ask a question right 6 quick, then. The speakers, are they -- would you get them 7 from the same people that you're going to have come up and -- 8 MR. BOLLIER: Southwest. 9 COMMISSIONER BALDWIN: -- fix the P.A. system? 10 MR. BOLLIER: Yes, sir. 11 COMMISSIONER BALDWIN: So, you'll find out how much 12 they cost at that time? 13 MR. BOLLIER: Yes, sir. 14 COMMISSIONER BALDWIN: Okay, thank you. 15 COMMISSIONER LETZ: The other thing, Tim, I don't 16 know; you just might want to look at the dust. I know it was 17 an issue last year. There was lots of different opinions as 18 to whether the doors should be open or closed or what -- you 19 know, you might talk with the fan folks and just find out how 20 they recommend the thing, and let them -- as to how -- what 21 is the best way to get dust out of a building? 'Cause 22 they're going to be the most likely to know that. 23 MR. BOLLIER: Okay. 24 COMMISSIONER LETZ: Just kind of one time of the 25 year. 12-09-13 82 1 COMMISSIONER OEHLER: One thing is, I think it's 2 working with that sawdust, the shavings. They put that in 3 there a little bit. 4 COMMISSIONER LETZ: That helped that. But, I mean, 5 there may be a -- the fan manufacturers are used to this type 6 of thing, whether it's better to have windows closed or the 7 doors down, doors up, you know, kind of what's the best way 8 to get the air moving to get that stuff out of there? 9 MR. BOLLIER: Okay, I can do that. 10 COMMISSIONER LETZ: Whether we should push them to 11 go down or up. It's -- find out what's -- how you get the 12 dust out of the building. 13 COMMISSIONER OEHLER: Main thing is, reverse them. 14 COMMISSIONER LETZ: That might be it, but they 15 should know that. 16 MR. BOLLIER: Do you think these fans have anything 17 to do with the way the -- 18 COMMISSIONER OEHLER: Well, they're going to move 19 that. If they're on, they're going to move it. 20 MR. BOLLIER: Okay. 21 COMMISSIONER OEHLER: Somehow or another. They're 22 not going to sit still. Those things run. 23 COMMISSIONER BALDWIN: Anything else, Mr. Oehler? 24 COMMISSIONER OEHLER: No, sir. 25 COMMISSIONER BALDWIN: Mr. Letz? 12-09-13 83 1 COMMISSIONER LETZ: No, sir. 2 COMMISSIONER BALDWIN: Okay. Elected officials and 3 department heads? Department head? 4 MR. BOLLIER: I'm good. 5 COMMISSIONER BALDWIN: Jody, would you like to 6 visit with the Court? 7 MS. GRINSTEAD: I'm good. 8 COMMISSIONER BALDWIN: Yes, ma'am? Nothing? 9 Ma'am? 10 MS. SOLDAN: I have an event that I'm doing 11 Wednesday at Union Church in conjunction with the State 12 Comptroller's office on their unclaimed property outreach. 13 They're trying to get -- we have about $3.5 million in 14 property that the State Comptroller's office is holding for 15 Kerr County residents, and so there are some press releases 16 hopefully going out, and I'm trying to contact some of the 17 people with the big amounts of money to get them there to get 18 their property. 19 COMMISSIONER LETZ: Am I one of them? Do I have 20 any money? 21 MS. SOLDAN: I didn't see your name on the list, 22 but I can look again. 23 MR. BOLLIER: My wife had $8 and some change 24 coming. 25 COMMISSIONER BALDWIN: But there's some -- some 12-09-13 84 1 folks with large amounts of money? 2 MS. SOLDAN: That will have a large amount. But 3 it's at Union Church this Wednesday from 10:00 to 6:00. 4 COMMISSIONER BALDWIN: Yes, ma'am? 5 MS. LAVENDER: A couple of things. We've started 6 our community plan revisions. We've had two meetings. The 7 community plan's going to be due to AACOG the 15th of 8 February, so late January we'll be coming to you with the 9 plan to be approved. This should be another two-year plan. 10 Last time we had a two-year plan which we extended three 11 years. I was really hoping for five this time, but it didn't 12 work. But, anyway, we'll be coming back to you with that. 13 Next Wednesday is the grant workshop for Victims Services and 14 law enforcement and juvenile, and some of us will be going 15 down to AACOG next Wednesday for that workshop. We already 16 know the money is going to be very tight again this year, 17 like it was last year. But I'm going to visit with 18 Commissioner Baldwin later about how we can perhaps use a 19 little different strategy this year, and hopefully at least 20 get some help with my program. 21 The other thing is that you need to know, this is 22 almost three months into the budget year; we have seen a 23 significant increase in the number of people applying, both 24 at the indigent health level and in the indigent defense 25 particularly. We are seeing a lot of applications, and 12-09-13 85 1 probably 90 percent of them are qualified on the indigent 2 defense. So, you may want to, at the end of the third 3 month -- at the end of December, get the Auditor's office to 4 give you a budget update on that and kind of keep an eye on 5 it as we go through the budget year, because I think it's 6 going to be something that's going to affect us. We're 7 getting six, seven, eight, some days, applications from the 8 jail, and then we're getting a significant number of walk-in 9 people who come into the office in the days preceding a court 10 appearance. And then court days, particularly with the 11 felony courts, we're seeing sometimes six, seven, eight 12 people each court session that are requesting attorneys. And 13 that's not something that we have a whole lot of control 14 over, but just be aware of it for budget purposes. 15 COMMISSIONER LETZ: Rosa, for indigent defense, 16 is -- is the criteria the same as for -- 17 MS. LAVENDER: No, it's not. You don't have to be 18 a Kerr County resident to get indigent defense. 19 COMMISSIONER OEHLER: Oh, no. 20 MS. LAVENDER: You just simply have to meet the 21 financial -- 22 MR. HENNEKE: You just have to be arrested here. 23 MS. LAVENDER: -- criteria. No, you don't even 24 have to be a resident. 25 MR. HENNEKE: No, "arrested." 12-09-13 86 1 MS. LAVENDER: Arrested, yeah. I thought you said 2 resident. No, you just have to be arrested. 3 COMMISSIONER LETZ: Do we do the same type of 4 search, looking for property or stuff like that? 5 MS. LAVENDER: No, we have to do the indigent 6 defense pretty much based on an affidavit that they sign. 7 And we're catching them where they're lying to us, and when 8 we lie, we get denied. And then when they ask why they're 9 being denied, 'cause we call wives and girlfriends and their 10 bosses, and they're real honest with us. 11 COMMISSIONER BALDWIN: What about wives and 12 girlfriends? 13 MS. LAVENDER: Sometimes there are both. 14 COMMISSIONER BALDWIN: I see. (Laughter.) 15 MS. LAVENDER: But if we catch them lying, then we 16 confront them, and most of the time they're hiring an 17 attorney because they don't want additional charges against 18 them for false information on a government document. But 19 we're seeing more people with -- well, we're seeing more 20 people, period, but with serious crimes. We're seeing a lot 21 more misdemeanor B people coming in also now, and used to, 22 most people who went to County Court at Law represented 23 themselves, and lately we've seen a lot more misdemeanor 24 applications. So, I just wanted you to be aware of that for 25 budget purposes. 12-09-13 87 1 COMMISSIONER BALDWIN: Thank you very much. Dawn, 2 do you have a report for us? Anything to say? 3 MS. LANTZ: I'm good. 4 COMMISSIONER BALDWIN: Nice to see you again. 5 MS. LANTZ: Thank you. 6 COMMISSIONER BALDWIN: Auditor's office? How about 7 the Kerr County Sheriff? 8 SHERIFF HIERHOLZER: Yes, of course we do. You 9 know that. First off, population is really doing better. I 10 think courts are starting to move them. We only have 17 11 females as of this morning. 12 COMMISSIONER BALDWIN: Ah. 13 SHERIFF HIERHOLZER: Which is better. 108 males, 14 so it's down to 125 total, which is pretty good. One thing 15 about it -- and I know Buster has been through this, and Tom 16 got to see a little bit of it, but the state inspection that 17 they went through last week, after -- what happens every year 18 is, after Monahans County, now the Commission on Jail 19 Standards does not do any announced inspections at all; they 20 just show up, and all of a sudden one day, you get about a 21 10- to 12-hour inspection process. That's normally what it 22 takes. And some of what they go through is not just doing a 23 walk-through, but testing every single sink, every toilet, 24 every shower to make sure the pressure is right, temperature. 25 They even hold a temperature gauge to make sure the 12-09-13 88 1 temperature of the water is correct. 2 They do things like pulling inmate files and going 3 through all the admission paperwork. They'll randomly pull 4 anywhere from 13 to 15 to 30 files that have happened all 5 throughout the year, just to make sure all that paperwork was 6 in order at the time. They go through all the classification 7 records to make sure, and they pull 30 files of those just to 8 review them. They pull health services records. They pull 9 supervision records. They'll pull 30 officer files and make 10 sure everything's intact as far as TCLEOSE records, training 11 records, updates, 'cause they have to have a suicide 12 prevention and classification every year. They go through 13 the food service to make sure all those records are kept 14 right on what you served, and that it was all 15 dietitian-approved, even if they're diabetic or whatever. 16 Disciplinary grievance records, you name it, they go through 17 it. It does take a good 10 -- at least 10, normally about 12 18 hours to get it done. They come over here, set off all the 19 smoke and fire alarms throughout the courthouse, because we 20 have two holding tanks up here that also have to be in 21 compliance with that. And the jail had one minor deficiency 22 this year, and what that deficiency was -- 23 COMMISSIONER BALDWIN: Clay being there? 24 SHERIFF HIERHOLZER: Yeah, that was part of it. 25 No, actually, Clay was gone; it was his first day off, so he 12-09-13 89 1 was off on vacation. What it was is, when they get to 2 inspecting the cells, at some point they pull out their 3 little can of artificial smoke, and they will set off any 4 smoke alarm they feel like setting off in that jail, and then 5 the jail staff has a maximum of two minutes to respond to 6 that area, where it is, you know, 'cause it's difficult to 7 find on the -- on the alarm panel, fully geared with -- with 8 air mask, everything running, everything working right. We 9 got two minutes to respond. They did it this year in 48 10 seconds, which was fabulous, okay, for a full staff to do 11 that. And they did it even though we're -- under the 12 original design, our current magistration room was the 13 booking area, okay, and the current booking area was a file 14 room or storage room, and we changed those when we started 15 booking more than one person in at a time, back probably 12 16 years ago, but they never got changed on that readout on the 17 fire alarm panel. 18 So, when they set it off in what we currently know 19 as magistration, it read as booking area. Even though they 20 responded correctly and did all that, technically we have to 21 have that fixed. That's all been redone now. But it's been 22 like that for 13 years. Just the fire alarm never went off 23 in magistration before. So, that was our one little ding, 24 which they didn't even note as a ding, 'cause they were -- 25 Simplex was coming up within a couple days anyhow, so we just 12-09-13 90 1 had them relabel it. But I'm very proud of the jail staff 2 and what they did, and if y'all see them, I think it would go 3 a long ways to let them know that what they do is greatly 4 appreciated. 5 COMMISSIONER BALDWIN: Absolutely. 6 SHERIFF HIERHOLZER: Other than that, that's -- 7 COMMISSIONER BALDWIN: That's a good report. 8 SHERIFF HIERHOLZER: -- pretty well everything that 9 we've had. 10 COMMISSIONER BALDWIN: Thank you. 11 SHERIFF HIERHOLZER: Mm-hmm. 12 COMMISSIONER LETZ: Keep those numbers down. 13 SHERIFF HIERHOLZER: I can't control that. But, 14 you know, what Rosa's saying is right on that. And the thing 15 is, they got 72 hours to appoint an attorney, so trying to do 16 that check to qualify has to be done very quickly. It's not 17 done -- you know, you don't have a week to go and study 18 background and dig up all the financial. It -- they've got a 19 right to have that attorney within 72 hours. 20 MS. LAVENDER: Let me add one thing. One thing 21 that we do by what we're doing now is, if somebody has a 22 misdemeanor charge and a felony charge, they can get the same 23 attorney. 24 COMMISSIONER LETZ: Right. 25 MS. LAVENDER: And it's -- that speeds up the 12-09-13 91 1 process in getting the attorneys appointed, because we have 2 the coordination of the two, where when they were doing it 3 separately, there was no coordination, so you had to go 4 through one attorney in misdemeanor court and one attorney in 5 the felony court, and so this process speeds it up. And we 6 try to turn them around six hours after we get them. 7 COMMISSIONER LETZ: So, Rosa, when you -- is this 8 process driven by state law? District Judges? Who 9 determines the 72 hours? 10 MS. LAVENDER: That's Constitution. 11 SHERIFF HIERHOLZER: Indigent Defense Act. 12 COMMISSIONER LETZ: Constitution? 13 SHERIFF HIERHOLZER: Indigent Defense Act. 14 COMMISSIONER LETZ: And the qualifications to be 15 indigent, is that -- I mean, where is that now? 16 MS. LAVENDER: Basically, it's how -- what your 17 income is, your expenses, and your assets, comparing those 18 three things. And there's income levels based on your family 19 size, much like what we see with indigent health, but a 20 little bit -- little bit different. And we have less defense 21 attorneys in Kerr County now than we've had previously, which 22 is putting a bigger load on the defense attorneys that are 23 taking appointments. 24 SHERIFF HIERHOLZER: And I don't know if the judges 25 upped the attorney rates this year. 12-09-13 92 1 MS. LAVENDER: No. 2 SHERIFF HIERHOLZER: I know they asked for it, did 3 they not? Okay. 4 COMMISSIONER BALDWIN: Okay. Jody, would you talk 5 a minute about the Christmas lunch? Okay, don't talk a 6 minute, then. A half a minute. Let's see. Seems like I put 7 in some money, and has everybody put in all their money? Has 8 everybody done their thing? 9 MS. GRINSTEAD: No. 10 COMMISSIONER BALDWIN: Well, get on them. 11 MS. GRINSTEAD: Well, they have until the 13th, so 12 we have a little time. But I would say not quite half. We 13 just now have enough money to pay for the meat, so there will 14 be meat there. Kerr County Produce is actually donating 15 salad and the new potatoes. And -- 16 COMMISSIONER BALDWIN: Thank you so much for 17 sharing that. 18 SHERIFF HIERHOLZER: We normally do the big cake. 19 MR. BOLLIER: And it is the 20th, right? 20 MS. GRINSTEAD: The 20th. 21 COMMISSIONER BALDWIN: The 20th. 22 MS. GRINSTEAD: In the exhibit hall. And if people 23 would like to donate desserts, employees, that would be 24 great. 25 COMMISSIONER BALDWIN: Okay, thank you very much. 12-09-13 93 1 MS. PIEPER: It would be best to have a reminder 2 e-mail sent out. 3 MS. GRINSTEAD: Oh, I will. 4 MS. PIEPER: Okay. 5 MR. BOLLIER: Believe me, she will. 6 COMMISSIONER BALDWIN: Like today? 7 MS. GRINSTEAD: Like today, and I'll get head 8 counts from everyone too. That's a nice reminder, "How many 9 people are you going to have?" Rather than, "For those of 10 that you haven't paid..." 11 COMMISSIONER BALDWIN: Anything else to come before 12 the Court? We're adjourned. 13 (Commissioners Court adjourned at 11:12 a.m.) 14 - - - - - - - - - - 15 STATE OF TEXAS | 16 COUNTY OF KERR | 17 The above and foregoing is a true and complete 18 transcription of my stenotype notes taken in my capacity as 19 official reporter for the Commissioners Court of Kerr County, 20 Texas, at the time and place heretofore set forth. 21 DATED at Kerrville, Texas, this 12th day of December, 22 2013. 23 JANNETT PIEPER, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 12-09-13