1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, May 12, 2014 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BOB REEVES, Commissioner Pct. 4 2 1 I N D E X May 12, 2014 2 PAGE --- Commissioners' Comments 3 3 1.1 Consider/discuss, take appropriate action to 4 accept the resignation of Patrice Doerries from AACOG Senior Advisory Committee; appoint 5 Kristen Johle to fill the vacancy and forward appropriate notification to AACOG 7 6 1.2 Consider/discuss, take appropriate action to 7 accept preliminary revision of plat for Lots 34A and 34B of Falling Water Subdivision, and set a 8 public hearing 8 9 1.3 Consider/discuss, take appropriate action to accept preliminary revision of plat for Lots 5 10 and 6 of Rio Retiro, and set a public hearing 13 11 1.4 Consider/discuss, take appropriate action on presentation of Airport FY '15 Budget 15 12 1.5 Consider/discuss, take appropriate action on 13 resolution in support of Kerr County Juvenile Probation Department's Youth Averted from 14 Delinquency Program; authorize County Judge to sign same 23 15 1.6 Presentation regarding the Kerr County Texas 16 A&M AgriLife Extension interpretation 28 17 1.7 Consider/discuss, take appropriate action, if necessary, on analysis of revenue to actual 18 through April 30, 2014, and revenue projection to year end September 30, 2014 38 19 1.8 Consider/discuss, take appropriate action on 20 whether to transfer Juvenile Detention pickup truck to another department 45 21 1.9 Consider/discuss, take appropriate action 22 regarding payment of sales tax rebate to Fox Tank Company on a monthly basis 47 23 1.10 Consider/discuss, take appropriate action to 24 open responses to Request for Proposals for the Inmate Telephone System; refer for evaluation 25 and recommendation and award as appropriate 51 3 1 I N D E X (Continued) May 12, 2014 2 PAGE 1.11 Consider/discuss, take appropriate action on 3 approving final design and authorizing project for Kerr County War Memorial 55 4 1.12 Consider/discuss, take appropriate action to 5 appoint Thomas E. Bryant to Kerr County Emergency Services District #2 62 6 1.13 Consider/discuss, take appropriate action on 7 RFP for Mooney facility roof repair -- 8 1.14 Consider/discuss, take appropriate action on letter in support of Hill Country Council on 9 Alcohol and Drug Abuse, Inc. 64 10 1.15 Consider/discuss, take appropriate action regarding agreement with KEDC 70 11 1.16 Consider/discuss, take appropriate action on 12 Commissioners Court Workshop schedule for FY 14/15 budget 85 13 1.17 Discuss interest in Kerr County filing a 14 resolution regarding proposed rule changes by EPA concerning the Clean Water Act 95 15 1.18 Update on Hill Country Youth Event Center 16 construction project 97 17 1.19 Consider/discuss, take appropriate action on personnel matter in IT Department (Exec. Session) --- 18 1.20 Consider/discuss, take appropriate action on 19 county security concerns (Executive Session) --- 20 5.2 Reports from Elected Officials/Department Heads 108 21 4.1 Pay Bills 112 4.2 Budget Amendments 113 22 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 122 23 --- Adjourned 123 24 25 4 1 On Monday, May 12, 2014, 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 JUDGE POLLARD: All right. It's 9 o'clock; the 8 Commissioners Court is in session. Commissioner Letz will 9 lead us in the prayer and the pledge of allegiance this 10 morning. 11 COMMISSIONER LETZ: Bow your head, please. 12 (Prayer and pledge of allegiance.) 13 JUDGE POLLARD: Those that have questions, 14 Commissioner Moser is in the hospital this morning. Not sure 15 what it's all about, but it must not be too serious, because 16 he's planning to check out sometime -- sometime today. So, 17 we'll keep him in our prayers. This is the part of the 18 agenda where we ask for anybody that -- that's a visitor that 19 would like to address the Commissioners Court. Is there 20 anyone? All right. Or any of the Commissioners? 21 COMMISSIONER LETZ: I don't think I have anything. 22 I have quite a few items on the agenda today; that should 23 today care of me today. 24 JUDGE POLLARD: Okay. Bob? 25 COMMISSIONER REEVES: Let's go to work. 5-12-14 5 1 COMMISSIONER BALDWIN: Judge, I do have a couple 2 things. Number one, Jerry Jones is an idiot. (Laughter.) I 3 got a phone call -- phone call -- 4 JUDGE POLLARD: Would you like to have a 5 proclamation that we could send to him? 6 COMMISSIONER BALDWIN: Well, I've thought about 7 that. I tried to figure out a way to -- in case it's 8 catching around the Dallas area, maybe we need to put up a 9 sign, "Please don't come down here." But I got a phone call 10 this last week from one of Bruce Oehler's daughters, and they 11 have four little -- she has four little high school friends 12 that they want to get together and do something in honor of 13 Bruce. And so we kind of got it down to maybe planting a 14 tree in his honor. And I talked them out of even thinking 15 about the courthouse square, 'cause it's kind of full. But 16 out at the Ag Barn somewhere, they wanted to plant a tree in 17 his honor, and so I'm not asking that we say yes or say 18 anything to that today. What I'm -- what I'm going to say to 19 you is that I think that we need to start thinking about 20 that, of where and how -- you know, I don't want to get in 21 the way of the Chamber of Commerce or any of those people, 22 but I hope that we can plant -- allow them to plant that 23 tree. But we need to do it in a -- do it in a way that's -- 24 that has -- just be careful not to get in anybody's way. 25 Let's do it in a precise way, and -- 5-12-14 6 1 JUDGE POLLARD: With permission. 2 COMMISSIONER BALDWIN: Yeah, with permission. 3 JUDGE POLLARD: Let everybody in on it. 4 COMMISSIONER BALDWIN: You know -- you know, let's 5 don't put it in the middle of the outdoor arena, things like 6 that. But I think they kind of wanted -- they were talking 7 about somewhere out around that outdoor arena, is kind of 8 what they want to do. I just can't see it, in my mind. 9 There's not a tree in that entire area out there. But I 10 thought maybe Tim -- Tim and I could visit, and if y'all have 11 any thoughts about this, you know, where we can start doing 12 those kind of things, there may be more coming; I have no 13 idea. But I thought we probably need to pay attention to 14 this particular request. 15 JUDGE POLLARD: I have no objection to it. 16 COMMISSIONER LETZ: That's fine. We'll find a spot 17 out there. 18 COMMISSIONER BALDWIN: Okay. Would you assist me 19 with that, Tim? And -- 20 MR. BOLLIER: Yes, sir. 21 COMMISSIONER BALDWIN: -- we'll go from there. 22 MR. BOLLIER: Anything you need, sir. 23 COMMISSIONER BALDWIN: Thank you very much. Thank 24 you, sir. That's all. 25 JUDGE POLLARD: Okay. Let's go to Item 1.1 on the 5-12-14 7 1 agenda; consider, discuss, and take appropriate action to 2 accept the resignation of Patrice Doerries from the AACOG 3 senior advisory committee and appoint Kristen Johle to fill 4 the vacancy, and forward appropriate notifications to AACOG. 5 Ms. Doerries. Is she here? 6 MS. WOODS: I don't think she is, Judge, but I can 7 stand in for her. 8 JUDGE POLLARD: Okay. 9 MS. WOODS: With your permission. 10 JUDGE POLLARD: Would you identify yourself, ma'am? 11 MS. WOODS: Yes, I'm Tina Woods, the director of 12 the Dietert Center. 13 JUDGE POLLARD: Okay. 14 MS. WOODS: I also serve as a member of the 15 A.S.A.C., the Alamo Senior Advisory Council, which Patrice 16 was our Kerr County representative. There are two 17 representatives from Kerr County on this board. Coral Adema, 18 who's an R.N. in town, has been one of the representatives, 19 and Patrice was -- she is retiring, and is suggesting that 20 Kristen Johle -- Kristen, do you want to stand up? -- who is 21 with Peterson Regional Medical Center as marketing liaison, 22 to take her place on the council. That is a -- 23 JUDGE POLLARD: First of all, did I pronounce your 24 last name correctly, "Doerries"? 25 MS. WOODS: "Doerries" is correct, yes. 5-12-14 8 1 JUDGE POLLARD: Okay. 2 MS. WOODS: And this is Kristin Johle. 3 JUDGE POLLARD: Nice to meet you, ma'am. 4 MS. JOHLE: Nice to meet you. 5 JUDGE POLLARD: Okay. 6 COMMISSIONER BALDWIN: Thank you for serving. 7 MS. JOHLE: Thank you. Look forward to it. 8 COMMISSIONER BALDWIN: Judge, I move for approval. 9 COMMISSIONER REEVES: Second. 10 JUDGE POLLARD: All right. It's been moved and 11 seconded. Is there any further discussion? There being 12 none, those in favor, signify by raising your right hand. 13 (The motion carried by unanimous vote, 3-0.) 14 JUDGE POLLARD: It's 3-0; that passes. Let's go to 15 item -- 16 MS. WOODS: Thank you, gentlemen. 17 JUDGE POLLARD: -- Item 1.2; consider, discuss, and 18 take appropriate action for the Court to accept the 19 preliminary revision of a plat for Lots 34A and 34B of 20 Falling Water Subdivision -- I thought it was Falling Waters. 21 COMMISSIONER LETZ: Water. 22 JUDGE POLLARD: It's Water, okay. Subdivision, 23 Volume 7, Pages 78 and 79, and set a public hearing. 24 Commissioner Letz, Mr. Odom, and Charlie Hastings, I think. 25 MR. HASTINGS: Yes, sir. I'm here. 5-12-14 9 1 JUDGE POLLARD: Okay, proceed. 2 MR. HASTINGS: Yes, sir. Norbert and Jeanette 3 Jacobs, they own Lots 34A and 34B of the Falling Water 4 Subdivision, Block 1, Volume 7, Pages 78 through 79. They'd 5 like to combine those lots into one for a total of 6.58 6 acres, and at this time, we're asking the Court to accept the 7 preliminary revision of plat for Lots 34A and B of Falling 8 Water, Volume 7, Pages 78 through 79, and to set a public 9 hearing for Monday, June the 23rd, 2014, at 9 a.m. 10 COMMISSIONER LETZ: Move approval. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE POLLARD: It's been moved and seconded. Is 13 there further discussion or questions? 14 COMMISSIONER LETZ: I do have a question. And it's 15 not really -- just more something -- I'm not sure how we find 16 this out, but we did this several years ago with a different 17 lot, and then we have ended up trying to undo that for the 18 better part of six months, because of liens filed against the 19 property and bankruptcy, or default of liens. Is there any 20 way that we can check to see if there's any liens filed on 21 this property? Because what happened before, it was filed on 22 one property on one lot, and not the other, and then they 23 combined it. And it's not -- this is a different lot, but 24 they -- there was two lots that people owned. They had a 25 house built on one lot. There was a lien on that lot. Then 5-12-14 10 1 they then got rid of the lot lines and made it one lot. They 2 couldn't foreclose because they didn't own the entire lot any 3 more -- or the lien company didn't have a lien on it. So, if 4 we could check and make sure there's no liens, I think that's 5 something we should make standard practice when we're 6 combining lots. 7 MR. HASTINGS: Okay. 8 COMMISSIONER LETZ: Other than that, I have no 9 problem. 10 MR. HASTINGS: This is -- Mr. Boerner is the 11 surveyor. 12 MR. BOERNER: These lots were just closed on -- you 13 know, bought and closed on. 14 COMMISSIONER LETZ: I've talked with the gentleman. 15 MR. BOERNER: So, I mean, I could look through. Is 16 it something like a standard practice that y'all are going to 17 try to do from now on when we do a combination two-in-one? 18 COMMISSIONER LETZ: I think we probably should, 19 just -- and the reason is just what I said. If there's a 20 lien on one lot and we combine it, and then they go into 21 default -- not that I think these people will, but if they do 22 go into default, then whoever owns the paper on the note, 23 they can't foreclose on it because the descriptions have 24 changed. And it's -- it caused a situation with a home built 25 out in Falling Water. We were working for some time on 5-12-14 11 1 trying to get it worked through, and I just think that it 2 would be -- you know, we really don't -- it is in our rules, 3 but something that we should figure out how we incorporate 4 this. And -- 5 COMMISSIONER BALDWIN: It would be so rare, but... 6 COMMISSIONER LETZ: But. 7 COMMISSIONER BALDWIN: Be ready to deal with that. 8 COMMISSIONER LETZ: Anyway, just a comment. If we 9 can do it, I think there's no problem. I don't want to hold 10 anything up; let's move forward on it, but if we can maybe 11 just get an affidavit from people that there's no liens on 12 the lots, maybe that's the simplest way, or something along 13 that line. 14 MR. BOERNER: That would be easier for me, you 15 know, just an affidavit, or if there is liens. 16 COMMISSIONER LETZ: At least that way we're on 17 notice on that, which that helps. But anyway, the County 18 Attorney's nodding; that might be a solution. You know, 19 we'll get something to you that may work. 20 MR. BOERNER: Okay. 21 JUDGE POLLARD: That would create a problem if they 22 had a lien only on one lot, for example, and then it's -- and 23 they were combined, and then there was a foreclosure on that 24 one lot and not on the other. Now we've got a foreclosure 25 after we've combined it of a half of a lot. 5-12-14 12 1 COMMISSIONER LETZ: Right, and that's what 2 happened. 3 JUDGE POLLARD: That defeats the whole purpose. 4 COMMISSIONER LETZ: That's what happened. We had a 5 lot -- two lots, same situation. Two lots, home built on 6 one. They had the lien on there for the home construction, 7 then they borrowed under a homeowner's loan on the other lot, 8 and then they combined them, and all of a sudden, then they 9 went into default on both of them -- or certainly one of 10 them. And the bank is now going back and undoing it, and 11 we've already approved them, I think, to do that. But it's 12 just something that we need to figure out how to prevent from 13 happening. 14 JUDGE POLLARD: I have one other question, too. 15 Oftentimes when we see this where they're combining two lots 16 like that, the reason is they want to build a house; it would 17 be straddling the lot line, and they would be prevented from 18 doing that. Is that one of the reasons? 19 MR. BOERNER: That is exactly the situation here. 20 They're going to build right in the middle of these, so they 21 bought both. They just bought one first, and then they 22 decided they wanted to build right next to the lot line, so 23 they bought the other lot so they could build right in the 24 middle. 25 JUDGE POLLARD: Okay. 5-12-14 13 1 COMMISSIONER LETZ: It's a good -- I mean, we 2 support doing it. We'd much rather have larger lots than 3 smaller lots, as long as everything's clean. 4 JUDGE POLLARD: Okay. Is there any further 5 discussion or any further questions? There being none, those 6 in favor, signify by raising your right hand. 7 (The motion carried by unanimous vote, 3-0.) 8 JUDGE POLLARD: It's 3-0; that passes. And as soon 9 as I get this thing folded back and get back to the agenda, 10 we can resume. Item 1.3 on the agenda; consider, discuss, 11 and take appropriate action for the Court to accept 12 preliminary revision of the plat for Lots 5 and 6 of Rio 13 Retiro, Volume 4, Page 263, and set a public hearing, 14 Precinct 4. And this is in Precinct 4, and Mr. Odom? Or -- 15 okay, proceed. 16 MR. HASTINGS: Very good. 17 JUDGE POLLARD: In his absence. 18 MR. HASTINGS: This was brought to Court back on 19 March 24th of this year. Gary McCormick owns Lots 5 and 6 in 20 Retiro -- Rio Retiro, and he built a garage that encroaches 21 into the currently platted right-of-way found in Volume 4, 22 Page 263. I think that that encroachment's approximately 23 8 feet. This easement or right-of-way is not County- 24 maintained. In order to correct the issue with the garage, 25 Mr. McCormick is requesting a change in the road right-of-way 5-12-14 14 1 at the cul-de-sac. Please note that this road does not 2 access adjoining property. Lot 5 is currently 0.63 acres, 3 and Lot 6 is currently the same size. The proposed Lot 5R 4 would be approximately 1.27 acres. And at this time, we're 5 asking the Court to accept the preliminary revision of plat 6 for Lots 5 and 6 of Rio Retiro, Volume 4, Page 263, and to 7 set a public hearing for Monday, June the 23rd of 2014 at 8 9:10 a.m. 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER REEVES: I'll -- you made it. I'll 11 second, with the same caveat as you brought up. If you could 12 do that too, Lee? I'm sure they're together right now, but 13 just verify. 14 MR. VOELKEL: Yes, sir. 15 JUDGE POLLARD: All right. It's been moved and 16 seconded. Is there any further discussion? 17 COMMISSIONER LETZ: One other comment. This is one 18 that Bruce brought to the Court. We looked at it a while 19 back. The cul-de-sac, as it's configured, will require a 20 variance, I believe, because it doesn't -- it's not a 21 standard -- 22 MR. VOELKEL: That's correct. 23 COMMISSIONER LETZ: It was agreed this is the best 24 solution in this situation, so I just wanted to put that on 25 the record, that there would be a variance required for final 5-12-14 15 1 plat approval. 2 JUDGE POLLARD: The concern was, as I remember, 3 that if somebody went down that road by mistake and wanted to 4 turn around down there, was there enough room to turn around? 5 And is there? 6 MR. VOELKEL: With the new design, there should be, 7 yes, sir. It's kind of a "T" turnaround, different from the 8 regular round cul-de-sac. 9 JUDGE POLLARD: So they'd have to do this; back up 10 and come back? 11 MR. VOELKEL: That's correct. 12 JUDGE POLLARD: All right. 13 COMMISSIONER LETZ: That's it. It works. 14 JUDGE POLLARD: Any further questions or comments? 15 If not, those in favor, raise your right hand. 16 (The motion carried by unanimous vote, 3-0.) 17 JUDGE POLLARD: 3-0; it's unanimous. All right, 18 let's go to Item 1.4; consider, discuss, and take appropriate 19 action on the presentation of airport fiscal year budget. 20 Bruce McKenzie. 21 MR. KING: I'll do it, Judge. 22 JUDGE POLLARD: Good morning, sir. 23 MR. KING: Steve King, president of the Airport 24 Board -- Kerrville/Kerr County Joint Airport Board. Today 25 we're here to present our budget for 2015. And I hope you 5-12-14 16 1 guys have a copy of it. 2 JUDGE POLLARD: Mm-hmm. 3 MR. KING: Just some highlights of the budget, 4 Commissioners and Judge. The budget for last year was 5 379,414. This year it's 404,064. However, our revenues have 6 increased significantly from 184,000 to 273,697 this year, so 7 our contributions were, from the City and the County last 8 year, 80,401 from each entity, our owners. This year we are 9 -- we have reduced that to 47,478.50 per entity, so it's a 10 savings of about -- it's almost $70,000, 35,000 for each 11 entity. 12 JUDGE POLLARD: Can we assume by that that next 13 year, maybe there will be no request for... 14 MR. KING: God, we hope. (Laughter.) 15 JUDGE POLLARD: With that trend? 16 MR. KING: Judge, that's the goal. 17 COMMISSIONER BALDWIN: That's the goal. 18 JUDGE POLLARD: Yeah. It's ours, too. 19 MR. KING: Then I can leave the board, hopefully. 20 I mean, we have some really good things going at the airport, 21 so we -- there's actually -- there's some revenue not 22 included in this budget that we anticipate off of the 23 Brinkman hangar and the hangar we took over, but we didn't 24 want to put it in there because it was looking ahead, and 25 we're not really sure when it'll -- but there's probably 5-12-14 17 1 another $30,000 in revenue there. Other than that, you know, 2 I think that's it. If you have any questions on the budget, 3 it's pretty straight and simple. We increased a few -- 4 there's some -- there's an increase in reserve for capital. 5 We added a line item for reserve for capital, and that's 6 basically to replace some trucks and equipment at some point 7 in the -- we're just trying to save some money up for that. 8 But it's a pretty good budget, we think. We cut it down as 9 much as we could. I didn't really want to see an increase in 10 the budget, overall expenditures, but we've taken on some new 11 buildings. We've taken on four buildings out there now that 12 we didn't own last year, and we've taken three back from 13 Mooney. We have the Brinkman hangar that we're in charge of. 14 We anticipate probably having to spend some extra money on 15 those to get them rentable at some point. And -- and just 16 the maintenance costs, the day-to-day maintenance costs will 17 be higher, so that's where most of it is. We have some 18 higher legal costs due to some of the -- getting some of 19 these properties back, getting them leased and stuff like 20 that. So, other than that, it's a very -- I think it's a 21 good budget, a tight budget, and hopefully next year we'll 22 have some really good news. Maybe. 23 JUDGE POLLARD: Thank you, sir. 24 COMMISSIONER LETZ: I'll make a motion to approve 25 the budget for the Airport Board as submitted. 5-12-14 18 1 COMMISSIONER BALDWIN: Second. 2 JUDGE POLLARD: It's been moved and seconded that 3 their budget be approved as presented. Is there any further 4 discussion? Questions? 5 COMMISSIONER LETZ: Brief comment. Again, Steve, 6 thank you and your -- I know Kirk is here and Bruce, of 7 course, but the rest of the board members for doing a great 8 job out there on -- I mean, it wasn't too many years ago that 9 we were -- each party was funding over 300,000 a year, and 10 we're down to this, which is phenomenal, in a relative -- you 11 know, really, five years. 12 MR. KING: Five years. 13 COMMISSIONER LETZ: So, I mean, it is a -- y'all 14 are doing a great job, and keep up the trend. 15 MR. KING: Thank you very much. We appreciate 16 y'all's help. 17 COMMISSIONER BALDWIN: I've got a question, Steve. 18 MR. KING: Yes? 19 COMMISSIONER BALDWIN: It's my understanding that 20 y'all have done the -- excuse me, I get excited -- the RFP 21 for the Mooney roof. 22 MR. KING: We have no -- 23 COMMISSIONER BALDWIN: And -- but I see it, an 24 agenda item here -- 25 MR. KING: Right. 5-12-14 19 1 COMMISSIONER BALDWIN: -- for Precinct 2 2 Commissioner. 3 MR. KING: Right. 4 COMMISSIONER BALDWIN: And what would he possibly 5 be reporting? 6 MR. KING: I mean, I can -- I can address that, if 7 you want to address the agenda item at -- at some point. We 8 have made some progress on that. We haven't -- we haven't 9 put out for an RFP yet. I mean, I don't know if it's -- I 10 don't know if I can address that as part of the budget. 11 COMMISSIONER BALDWIN: I don't think we should 12 here, but -- 13 MR. KING: But, I mean, there is an update that I 14 could give you, unless you want to pass on the item, and I'll 15 leave. 16 JUDGE POLLARD: My plan was to pass that item since 17 Commissioner Moser was not here today. 18 COMMISSIONER BALDWIN: Yeah, that's fine. 19 JUDGE POLLARD: So let's go ahead and discuss it 20 now. 21 MR. KING: If you want to go ahead and approve the 22 budget item, then I'll leave. 23 COMMISSIONER LETZ: I think you can discuss this 24 under budget, 'cause it does have a financial impact. 25 COMMISSIONER BALDWIN: That's kind of where I'm at. 5-12-14 20 1 COMMISSIONER LETZ: We can take this action. 2 MR. KING: On the subject of the Mooney roof, we've 3 -- we've opted to hire -- and Tom -- Commissioner Moser was 4 in a meeting that I was in with the City. We've opted to 5 hire a consultant, a roof consultant, to -- basically, a firm 6 out of San Antonio, and we've met with them. They've looked 7 at the roof. Actually, they've been to a walk-through of the 8 building, and then they actually have met with the Airport 9 Board at our meeting on -- special meeting we had on Friday. 10 JUDGE POLLARD: That's a structural engineer? 11 MR. KING: It's a structural engineer, and this is 12 pretty much their business, is they do engineering and they 13 do recommendations on these roof system and stuff. And so 14 they will -- we'll hire them, and this probably will cost us 15 around $100,000 for their services, but their services will 16 be to evaluate the roof system, evaluate the structure, the 17 roof -- actually, whether the roof will handle the -- 18 whatever structure they -- the system they decide to put into 19 place, and then they will supervise the project all the way 20 to the end, all the way to actually signing off on the thing, 21 taking the bids and everything. So, we're going to go ahead 22 and hire them, and pay for that out of our reserves, is what 23 our plan is, to pay for it out of our reserves, with the 24 anticipation that they are paid back. 25 There will be -- y'all will probably see another 5-12-14 21 1 budget -- another item on your agenda coming up where we'll 2 amend our '14 budget to add the -- to take the money out of 3 reserves; that y'all will have to approve the 100,000. And 4 we're not -- we're not sure what the number is yet, because 5 we have not negotiated the deal. We've just basically hired 6 them -- or not hired them. We've gone into discussions with 7 the contractor, and we will take that money out of our 8 reserves, and then it will be thrown back into our budget for 9 2015 to recover those reserves. But this way, the City and 10 the County, neither one of them have to come out of their 11 pockets for this $100,000 for this consultant. And we feel 12 like the consultant's the best way to go. I mean, I don't 13 think we have the -- I don't think we have the ability to 14 probably come up with a plan like he would. 15 And they'll probably spend two and a half weeks up 16 here, Commissioners, looking at the project, looking at the 17 building, going over the building, looking at all the 18 structure of the building, and then they'll come up with the 19 proper plan to fix the roofs. And it may be multiple -- 20 multiple fixes on multiple buildings, is what we're hoping. 21 It's probably what they've anticipated it might be. It's a 22 mess; I'll be real honest with you. They looked at it. They 23 sent their guys up here. They spent almost a day up here 24 looking at it, and they've concluded that it was a -- it's 25 just a hodgepodge of -- his comment was he hasn't seen 5-12-14 22 1 anything like it in a long -- in his history of doing these 2 buildings, looking at buildings. It's just a bunch of 3 buildings all stuck together, so it's something that we 4 probably don't have the expertise -- I don't think the County 5 and the City has the expertise to do it. We didn't really 6 want to spend $100,000, but if you're spending a possible 7 million dollars or a million -- you know, we don't really 8 know what it will be. I think it's better to get it done the 9 right way. 10 COMMISSIONER BALDWIN: Thank you. 11 MR. KING: Okay? 12 COMMISSIONER REEVES: How -- Mr. King, I see your 13 income has gone up quite a bit this year, and I understand 14 part of it's the new hangars; isn't that correct? What 15 percentage of the new hangars are leased, or are you sure 16 they're going to be leased? 17 MR. KING: We're making calls right now; Bruce is 18 making calls. We have a list, a very long list, and we're 19 purging that list. And I don't anticipate any problem. That 20 will probably be done here in the next few days. In a couple 21 weeks, we'll have that completely full. The list outnumbers 22 the number of hangars available, but we'll be able to purge 23 that list also, and have a -- a new idea of what we actually 24 have as far as need out there. But I don't anticipate -- in 25 fact, I'm on the list; I'm hoping I get one. And I'm not 5-12-14 23 1 that far down. So -- 2 COMMISSIONER REEVES: So, in other words, a lot of 3 demand? 4 MR. KING: Sir? 5 COMMISSIONER REEVES: A lot of demand? 6 MR. KING: Lots of demand. They'll be filled up. 7 COMMISSIONER REEVES: Thank you. 8 JUDGE POLLARD: Any further comments or discussion? 9 If not, let's go back to the original motion that was made 10 and seconded. Those in favor of that motion to accept 11 their -- their budget as submitted -- the Airport Board's 12 budget as submitted, those in favor, signify by raising your 13 right hand. 14 (The motion carried by unanimous vote, 3-0.) 15 JUDGE POLLARD: It's 3-0; that's unanimous. All 16 right. 17 MR. KING: Thanks. 18 COMMISSIONER LETZ: Thank you. 19 JUDGE POLLARD: Item 1.5; consider, discuss, and 20 take appropriate action on resolution in support of Kerr 21 County Juvenile Probation Department's Youth Averted from 22 Delinquency program, and authorize the County Judge to sign 23 same. Mr. Davis. 24 MR. DAVIS: Morning, Your Honor. Good morning, 25 Commissioners. The Youth Averted from Delinquency program is 5-12-14 24 1 a partnership that we've had with B.C.F.S., formerly Baptist 2 Child and Family Services, for about five years now. The 3 grant application has been submitted by the Juvenile Board 4 for the last two years. Prior to that, it was submitted by 5 B.C.F.S. When AACOG changed their rules and the governor's 6 office changed their rules, the board then began submitting 7 the application. For the first three years of the grant, the 8 application was submitted by B.C.F.S., and the governor's 9 office and AACOG required that a resolution be passed by this 10 Court in order to submit that application. The last two 11 years, AACOG has advised us to have the Juvenile Board submit 12 the resolution for the application, which is what we did last 13 year for -- currently for FY '14 that we're under. The 14 Commissioners Court did not submit the resolution; the 15 Juvenile Board did. For our new application, the Juvenile 16 Board has submitted a resolution. We received notice last 17 week from the governor's office that they would like us to 18 now have the Commissioners Court submit that resolution, even 19 though for the last two years they've asked the Juvenile 20 Board to do it. So, we have competed for grants. We 21 received second in the rankings, which should be enough to 22 receive funding. The grant amount is for approximately 23 $107,000. We contract with B.C.F.S. to provide services, and 24 I would ask that this Court approve the resolution, and I'll 25 answer any questions you may have. 5-12-14 25 1 COMMISSIONER BALDWIN: Could you talk a little bit 2 more about what YAD is, and -- 3 MR. DAVIS: Absolutely. Yes, Commissioner, thank 4 you. Youth Averted from Delinquency, or YAD, is a program 5 that was initiated and started by B.C.F.S. in San Antonio and 6 in and Bexar County, and it was under a different name. They 7 expanded those services and brought them here to Kerrville. 8 It is a partnership between Juvenile Probation and -- and 9 B.C.F.S. Primarily, it's services to courts. What happens 10 is we receive the money -- just to cut to it, we receive the 11 money, we contract with B.C.F.S., they hire two caseworkers 12 that work with children that are at risk. One of the 13 caseworkers works primarily with children that are on 14 probation underneath the supervision of the Probation 15 Department. The other one -- the other caseworker works 16 with, actually, the two municipal courts and the four J.P. 17 courts, so if you have a kid that's coming through those 18 court systems, the idea is, we want to intervene and aid that 19 child and that family before they end up in the juvenile 20 court system. If they end up in the juvenile court system, 21 then -- and they're in front of Judge Pollard, then that 22 caseworker works with our probation officer, in basically a 23 symbiotic relationship, allowing our probation officer to 24 focus on service to the court, and then allowing the 25 caseworker to focus on services to the youth and family. 5-12-14 26 1 Basically, they provide services, counseling, education, 2 mentorship, parenting skills, life skills, financial skills. 3 All of those types of services are provided by B.C.F.S. 4 COMMISSIONER BALDWIN: And so when a counselor 5 comes in and does those things, you -- you pay B.C.S.F. or 6 whoever that is, or do you pay that individual? 7 MR. DAVIS: We actually don't pay them; B.C.F.S. 8 does. We -- B.C.F.S. coordinates the services, and they 9 provide a lot of the services. What -- the money that we 10 receive, that we pass through, actually just goes to fund the 11 two social workers. I mean, that's basically what they are, 12 social workers, and it funds them and their office supplies 13 and that type of thing. It does not pay for any of the 14 counseling services, the parenting classes. Those are 15 actually all provided by B.C.F.S. free of charge, and so they 16 don't -- none of that is paid for with this grant. That's 17 just -- they basically coordinate the services, is what the 18 social workers do, and they transport the kids and they go 19 advocate for the kids at the school or with the courts, and 20 are accountable to the courts, the J.P. and municipal judges, 21 and Judge Pollard in the juvenile court. 22 COMMISSIONER BALDWIN: Super good. 23 COMMISSIONER LETZ: The -- I'm going to go off 24 there on one -- one, the County saying that if there's any 25 misuse of the funds, that we reimburse it, and the County 5-12-14 27 1 Judge has basically control over the grant. And I don't have 2 any problem with those, but is there some sort of a check 3 system to make sure that the funds are correctly used? With 4 the -- I mean, are you the -- hopefully, you know, you are 5 the one that -- 6 JUDGE POLLARD: Yeah, it's Jason. 7 COMMISSIONER LETZ: You're overseeing it? 8 MR. DAVIS: I'm the one that's overseeing it, but 9 there are actually three checks in place. One is -- the 10 first barrier's going to be through the Auditor's office and 11 the reporting requirements that actually fall on her office, 12 because she's the financial component of this, and so she -- 13 the requirements -- reporting requirements fall there. 14 Second is through AACOG; we are subject to audit through 15 AACOG on the grant compliance, financial compliance. And 16 then the third being through the governor's office, 17 basically, and their auditing component. And, in fact, we 18 just received notice last week that we're being audited on 19 this current fiscal year by the governor's office. Actually, 20 Criminal Justice Division is the branch that's auditing us, 21 and they're coordinating that through the Auditor's office. 22 So, three levels of audits there, not to mention we also have 23 the Texas Juvenile Justice Department version; they 24 theoretically could come in and audit this. More than 25 likely, they won't. Primarily, though, it is -- the big 5-12-14 28 1 hammer's with the governor's office, and those are the 2 individuals that are auditing us and will audit us. Those 3 will be the levels of accountability that we'll be into. 4 COMMISSIONER BALDWIN: Do you like it, Judge? 5 JUDGE POLLARD: I like it. 6 COMMISSIONER BALDWIN: I move for approval. 7 COMMISSIONER REEVES: I'll second. 8 JUDGE POLLARD: It's been moved and seconded for 9 approval. Any further discussion or comments or questions? 10 There being none, those in favor, signify by raising your 11 right hand. 12 (The motion carried by unanimous vote, 3-0.) 13 JUDGE POLLARD: It's 3-0, unanimous. That passes. 14 COMMISSIONER BALDWIN: Thank you, Jason. 15 MR. DAVIS: Thank you all. 16 JUDGE POLLARD: And when you ask him a question, he 17 has a lot of the answers, doesn't he? 18 COMMISSIONER BALDWIN: Yeah, he does. Little bit 19 too much sometimes. 20 JUDGE POLLARD: Okay, I signed that. All right. 21 Let's go to the next item on the agenda, 1.6; presentation 22 regarding the Kerr County, Texas A & M AgriLife Extension 23 interpretation. Roy Walston. 24 MR. WALSTON: Good morning, Judge and 25 Commissioners. 5-12-14 29 1 JUDGE POLLARD: Morning. 2 MR. WALSTON: Appreciate y'all allowing us to come 3 in. 4 JUDGE POLLARD: Any comments on Johnny Manziel's -- 5 MR. WALSTON: No comments. 6 JUDGE POLLARD: No comments? Okay. 7 MR. WALSTON: Only team I didn't want him to go to, 8 that's where he's at. 9 JUDGE POLLARD: Well, I think we all felt that way. 10 MR. WALSTON: But, anyhow, we'll see. I think 11 he'll make the best out of it. Appreciate -- appreciate 12 again y'all's allowing us to come this morning. We've got 13 several things we'd like to visit with you about that we've 14 been involved in and some of the programs that we've got 15 coming up here in the next few months, and also have an award 16 presentation we'd like to present you with. So, with that, 17 I'd like to get started. Just to let you know, recently we 18 held a program, region-wide Edwards Plateau landowner program 19 here in April, on April the 22nd, 23rd, and 24th at the Inn 20 of the Hills. We had 95 landowners from Edwards Plateau that 21 came in, spent three days with us, participated in classroom 22 sessions. We had three tours around the area focusing on 23 horticulture, wildlife, and -- and range management. 24 Excellent program. We're fortunate to be able to do this 25 program from a gift from the Bennett family that has set up a 5-12-14 30 1 trust through A & M, and we were able to do this program at a 2 minimal cost to the landowners. And so these are some of the 3 things that A & M's able to help us with. We're planning on 4 doing that again next April, that same time. 5 JUDGE POLLARD: Which Bennett family is that, Roy? 6 MR. WALSTON: It's not a local family. It's a 7 family that had some property in Dripping Springs, and they 8 left that property to A & M, and they were able to build a 9 trust out of that, so it's an ongoing trust that we're going 10 to have, and it's focused strictly on Edwards Plateau. So, 11 it's an area that even while it may not stay here in Kerr 12 County, it's going to be close by. So -- and there's -- 13 really, as long as it's focused on education, we can -- we 14 can do a lot of things with it. So, coming up tomorrow, 15 working with U.G.R.A., we have a riparian landowner land 16 stewardship program at U.G.R.A. starting up tomorrow. On 17 Friday, we have a range field day where we're partnering with 18 the Soil and Water Conservation District, and we're going to 19 be hosting this field day out at Flagler Ranch and working on 20 range management, and I believe also we're going to cover a 21 little bit of laws and regulations, pesticide application, 22 things like that. 23 The 21st of May, we're going to be holding a 24 private applicator -- multi-county private applicator program 25 in Harper. We're going through some changes with T.D.A. on 5-12-14 31 1 the private applicator issue, so if you know of anybody that 2 is wanting to get a private applicator license, this is a 3 good time to get it done. Starting June 1st, the testing 4 procedures will be different, and they will be having to go 5 to San Antonio to get tested for the private applicators, 6 where we have been able to do the testing immediately 7 following the training. They'll only allow you to take the 8 test one time, and the next time it will cost them an 9 additional $52, whereas we've been able to give it to them 10 multiple times till they passed it, basically. 11 COMMISSIONER BALDWIN: That's a pretty tough deal. 12 Have you -- have you come up with any free way to eradicate 13 cactus? 14 MR. WALSTON: Yes, sir. 15 COMMISSIONER BALDWIN: Pick me. 16 MR. WALSTON: Okay. 17 COMMISSIONER BALDWIN: I'm really -- 18 MR. WALSTON: It's called a hole. (Laughter.) It's 19 free. It's environmentally sound. 20 COMMISSIONER BALDWIN: That doesn't do it; they 21 come back next year. 22 JUDGE POLLARD: He'll back off of that hole. He's 23 not going to do that. 24 COMMISSIONER BALDWIN: That's not a good way. 25 MR. WALSTON: Not a good way? Nothing free about 5-12-14 32 1 it, huh? 2 COMMISSIONER BALDWIN: Nothing free about that one. 3 I've tried that one. 4 MR. WALSTON: But that's some of the programs that 5 we had. We also had a pecan grafting field day out at 6 Mr. Hathaway's, and I believe this makes right at the 35th 7 year. I believe they started that out at -- that field day 8 out at that place in 1975, so it's in that -- 38, 39 years 9 that that field day's been going on there. So, that was 10 rather unique, and we have a good turnout every year for that 11 program. So, to give you a little bit of rundown on our 4-H 12 program currently, we -- we are operating right at 400 youth 13 with eight clubs and over 100 volunteers. Recently, we 14 partnered with Farm Bureau and Camp Rio Vista on our Ag 15 Day -- our annual Ag Day. We had over 438 fourth graders 16 from Kerr County that went out and participated in the 17 various stations, learning about different enterprises and 18 agriculture, from horse showing to pigs and swine to soil and 19 water and -- and all aspects of agriculture, so they can help 20 understand where their food's coming from and the importance 21 of the farming and ranching industry. Good turnout -- 22 excellent turnout. Thanks to Farm Bureau and Camp Rio Vista 23 for hosting that. 24 Currently, as of actually yesterday, we have four 25 recipients or 4-H members participating in 4-H Foundation 5-12-14 33 1 scholarship interviews in Austin. These four members will be 2 receiving a scholarship at Texas 4-H Roundup in College 3 Station the second week of June, second Monday. As of yet, 4 we just don't know how much. It's anywhere from $1,000 to 5 $20,000, and so we've been fortunate over the years. Since 6 2004, these -- these will be our 20th recipients of our 4-H 7 Foundation scholarships. So, we're proud of these kids and 8 the work that they've done to earn this recognition. Also 9 coming up in June is state 4-H Roundup in College Station. 10 We'll have 14 participating, 12 members, and also a couple of 11 leaders that will be going with us, so that's always a 12 highlight of our year. And, of course, I want to remind 13 y'all of our retirement party on Saturday of Laurinda Boyd. 14 MS. FIEDLER: Sunday. 15 MR. WALSTON: Sunday. Sunday. 16 COMMISSIONER BALDWIN: This next Sunday? 17 MR. WALSTON: This coming Sunday out at the Air 18 Hall at the gun range. So, we'll, I believe, start serving 19 at 1 o'clock, is what's planned. With that, I want to ask 20 Angela Fiedler to come up and visit with you about some 21 F.C.S. programs. 22 MS. FIEDLER: Thank y'all for having me today. 23 It's been a while since I've gotten to be up here. We've 24 been -- Roy and I have been very busy getting kids ready for 25 scholarship interviews. We've spent quite a few hours with 5-12-14 34 1 these kids helping them with their interview skills, and 2 we're proud of them. Just a couple things I'm doing. Walk 3 Across Texas, of course, health and nutrition is a big part 4 of what -- a passion for me, and so I have been -- had the 5 pleasure to work with the Department of State Health Services 6 this year and Center for Fitness for our adults, and we've 7 had seven adult teams with 56 walkers, and we've reached 8 almost 5,000 miles. And we're not quite finished, so -- but 9 we're at the end of that. And then with Center Point and 10 Ingram elementary schools, we have covered over 5,000 miles 11 with those kiddoes. So, I'll be going to those schools and 12 presenting awards for them, and -- and having a good time 13 with them. But they've been learning about how to keep 14 hydrated, the right kind of clothes to wear just to be active 15 even after school is out, and ways that they can stay active 16 and get their family members involved. 17 So -- and then our Certified Food Manager program, 18 we've had two classes, and we'll -- I'll be conducting 19 another class here at the end of May to help food managers to 20 receive those certified hours that they need as managers in 21 the food safety program. And we have reached 26 through 22 that, and 11 food handlers have been trained. And then with 23 our clothing and textiles, our 4-H clothing and textiles 24 groups, we have about eight kids that have been active all 25 year long and have been learning to sew, and they've been 5-12-14 35 1 bringing their parent with them, so I'm happy to be able to 2 teach the parents as well. But we've -- we had two young 3 ladies that advanced to district competition last weekend, 4 May 3rd, in Lockhart, and Laurel Fitzgerald received third 5 place with her senior semi-formal/formal, and Jeannie Walker 6 received second place in the junior refashion. She actually 7 went out and found a skirt at the thrift store and 8 refashioned it into a dress, so I'm very proud of her. Spent 9 $5, so there is a way to do it. And so -- we've got some 10 great places here in town. 11 We also had some that had done some textile items, 12 'cause it's not just clothing items, you know, so we do let 13 them compete in the textile division. So, we had several 14 that got to do that. And then in our parenting and child 15 care providers, we had 39 child care directors that were 16 trained in January. We started that training three years 17 ago, and it's a multi-county event, and so I team up with 18 Bandera, Kendall, Gillespie, and Medina and Uvalde counties. 19 And so this year, we hosted it in Boerne, and we had 39 20 directors, and we had some from Kerrville that came as well, 21 so we had a number of 27 centers from nine counties, and 22 these directors have 393 employees training over 2,000 23 children, so it's real important. And this is something 24 that's very important to us to make sure -- and I have three 25 young ones myself, so I want to make sure that they are taken 5-12-14 36 1 good care of while I'm here at work, so -- okay. 2 MR. WALSTON: Thank you, Angela. I would like to 3 mention the four young individuals that went through the 4 interview process and will be getting those awards: Sarah 5 Muehlstein, Anastasia Luck, Maggie Pruitt, and Ashley Walker. 6 I wanted to be sure to mention those. With our -- this year, 7 in 2014, we're celebrating a 100-year partnership with the 8 county commissioners courts across Texas with Texas AgriLife 9 Extension, and I'd like to read a little part on -- on our 10 appreciation for y'all's partnership. We're here today to 11 honor a 100-year partnership, 100 years building a better 12 Texas. In May 1914, the National Cooperative Extension 13 Service was established by the Smith-Lever Act, which created 14 a state-by-state network of educators who extend land-grant 15 university knowledge and life skills to help people thrive 16 and prosper. Your cooperation and support has made it 17 possible for the Texas A & M AgriLife Extension Service to 18 reach all Texans with much needed educational programs that 19 help to make their lives better, and to show our 20 appreciation, we would like to present Kerr County 21 Commissioners Court with our Building a Better Texas award. 22 Thank you for helping us to extend knowledge and provide 23 solutions in your county. We couldn't have done it without 24 you. So, we appreciate y'all's help. 25 (Applause.) 5-12-14 37 1 COMMISSIONER BALDWIN: Thank you. 2 MR. WALSTON: Could we present it, Buster? 3 COMMISSIONER BALDWIN: Yeah, let's all -- let's all 4 do -- I guess -- I'm assuming there's a photo? 5 MR. WALSTON: Can we get a photo op? 6 COMMISSIONER BALDWIN: Have to get the wide-angle 7 lens out. 8 MR. WALSTON: Come on up here. 9 COMMISSIONER BALDWIN: Yeah. Get up here by the 10 Judge. 11 (Discussion off the record.) 12 MR. WALSTON: That's it. 13 COMMISSIONER BALDWIN: Thank you. 14 MR. WALSTON: Thank you. 15 COMMISSIONER LETZ: How are the interviews going? 16 MR. WALSTON: Good. Good. We're -- we've got an 17 applicant and we're finishing up the paperwork, and we're in 18 the process of -- I'd like to bring her in to y'all just to 19 visit sometime here in the next couple of weeks, if I can get 20 -- get y'all together sometime. 21 COMMISSIONER LETZ: Let us know. 22 MR. WALSTON: Okay, thank you. 23 COMMISSIONER BALDWIN: Thank y'all. By the way, 24 Judge, did you know that Roy's not an Aggie? 25 JUDGE POLLARD: I did know that. 5-12-14 38 1 COMMISSIONER BALDWIN: He is an Angelo State Ram. 2 JUDGE POLLARD: I did know that, yes. 3 COMMISSIONER REEVES: But he does have an Aggie in 4 the family. I got to watch him graduate, so I know. 5 JUDGE POLLARD: Well, there are a number of 6 families that carry that albatross around their neck. 7 COMMISSIONER REEVES: I don't know if it's an 8 albatross, Judge. 9 COMMISSIONER BALDWIN: Oh my gosh. Good shot. 10 JUDGE POLLARD: Okay. Let's go to Item 1.7 on the 11 agenda; consider, discuss, and take appropriate action if 12 necessary on analysis of revenue to actual through April 30, 13 2014, and revenue projections to year end September 30, 2014. 14 Ms. Hargis. 15 MS. HARGIS: I have for y'all to review -- I don't 16 think we need to go over them today, but I have the five 17 copies of the revenue. In accordance with the statute, I'm 18 supposed to send this to y'all to review. We do not have the 19 new tax roll in here, so I'll have to change that. I 20 understand we may be getting that today, so that would change 21 the revenue. But this -- this shows you three years past, 22 the current year, and then three years into the future, so 23 hopefully this will provide you with a good analysis when 24 you're going through the budget process. 25 COMMISSIONER BALDWIN: Thank you. 5-12-14 39 1 MS. HARGIS: So, that's really all I have on that. 2 COMMISSIONER BALDWIN: Thank you very much. 3 JUDGE POLLARD: Thank you. 4 COMMISSIONER LETZ: Is there any big changes that 5 jump out? 6 MS. HARGIS: The big changes that jump out are the 7 fact that we're still going down in our revenue in -- in the 8 J.P. court system throughout all of their fines and fees, no 9 matter whether it's criminal, civil. It's a continual drop, 10 and there's really -- you know, we have talked to the judges, 11 and there's maybe some cases that perhaps our new County 12 Attorney may accept with them, but it's not going to be a 13 tremendous amount. But, I mean, we've gone from being in the 14 200,000 range to the, you know, 60,000, 50,000, 40,000 range. 15 So, you know, we've lost a lot of revenue as far as the -- on 16 the highways when they put in the cable system; we took that 17 hit. We thought that was going to be it, but we just -- we 18 haven't renewed it. It just continues to go down. The -- 19 the clerk fees, the District Clerk, County Clerk's, you know, 20 we're holding, but we're not moving. I'm real concerned we 21 may start to go down even more, but you'll see that. But 22 right now we're kind of holding, but we're holding at really 23 low levels. 24 I mean, when I first came here, the District Clerk 25 and the County Clerk were in the $300,000, $400,000, $500,000 5-12-14 40 1 range. Now we're in the $300,000 to $150,000 range, so we're 2 just not collecting, you know, in our court system. I don't 3 -- you know, I'm not familiar enough with what goes on up 4 there every day, 'cause I don't have the opportunity to be 5 there all the time, as to exactly what's happening there, but 6 we are not recouping revenue; we're going down. Our sales 7 tax is up a little bit, but we're very conservative with 8 that. We had a couple months this year where we actually had 9 gone down. This is the first year I've seen that in the last 10 two years -- actually, three years. So right now, we're 11 trending about 4 percent up, but I want more revenue to be 12 able to make sure. 13 This is -- you know, the revenue I change as we get 14 closer to the budget, and I get a full six months, seven, 15 eight months worth of strong revenue, 'cause a lot of our 16 categories, we don't pick up the revenues until the summer 17 months. We also have -- we're one of the only counties to do 18 taxes twice a year, so we have taxes coming in on July 1, so 19 we kind of have to wait and see how that revenue comes in. 20 But generally speaking, we collect most -- 98 to 100 percent 21 of our revenue in the tax side, but it's the fee side that, 22 you know, we've seen the drop continue since I've been here. 23 And, you know, again, I wish I could tell you the answer. I 24 think -- I see a lot of the auditors across the state of 25 Texas saying the same thing; they just aren't seeing -- we've 5-12-14 41 1 lost a lot of -- the economy's getting better, but we're 2 still not selling the houses that we did years ago, and so 3 we're not getting those plats. We're not getting, you know, 4 the cost of filing the mortgages and the things of that 5 nature. 6 When I first came, the County Clerk said we'd have 7 a stack like this every day. Now we have a stack like this 8 once a week, maybe. So, there -- there's multiple things. 9 The state of Texas now allows you to go online to get your 10 birth certificates and your -- your marriage licenses and 11 things like that. It seems small, but all of that adds up. 12 You know, all those $10 adds up. We are at the maximum on 13 all of our fees that I know of, so I don't know that we have 14 any room to go up. I visit with the clerks quarterly on 15 this. We all look at it, and nobody's -- nobody seems to be 16 able to put their exact thumb on the reasoning. But other 17 than that, most of our stuff -- of course, our rental 18 proceeds may go down a little bit, because we've got that -- 19 the facility down, but not that much, I don't think. But 20 other than that, we're pretty much the same. We did get more 21 money on some of the judges, because they went up on the -- 22 State of Texas went up on their salary, so they reimbursed us 23 that difference. But other than that, it's pretty -- pretty 24 level. 25 COMMISSIONER LETZ: Can we look at sales tax? 5-12-14 42 1 MS. HARGIS: Yes. 2 COMMISSIONER LETZ: The current budget was 3 3,380,000. Projected year end is 2,660,000. 4 MS. HARGIS: The projections -- unfortunately, our 5 software has a crazy way of projecting, and we've been trying 6 to fix these individually. That's the only way you can do 7 it. We're working on that, so please don't pay a lot of 8 attention to that projection line. 9 COMMISSIONER LETZ: Okay. So, the budget -- you're 10 comfortable with our current budget for the year? 11 MS. HARGIS: I'm sure that we're going to meet 12 this. 13 COMMISSIONER LETZ: Okay, that's all I wanted to 14 hear. 15 MS. HARGIS: Yeah. 16 COMMISSIONER LETZ: I wanted to make sure we didn't 17 have a $700,000 deficit. 18 MS. HARGIS: No, I had projected a 3 percent 19 increase, and we're at 4, a little better than 4. 20 COMMISSIONER REEVES: You said a couple months were 21 down for sales tax? 22 MS. HARGIS: A couple months. It's not a lot. 23 COMMISSIONER REEVES: Which months were they? 24 MS. HARGIS: February was down about $1,000 over 25 last year. Not a lot, 1,000 or 1,500. The other month was 5-12-14 43 1 the first quarter, the December quarter was down, and we 2 haven't seen that before. This quarter was up. Sometimes 3 what happens is, especially if another city or adjoining area 4 has asked the Comptroller for an audit, and they do a refund, 5 then you'll see that kind of change. And I think that may 6 have occurred, and I don't have any way of knowing it, where 7 we might have gotten sales tax that we shouldn't have, and 8 then they refund it. And you see that happening 9 occasionally, and that's what I think that was. Because 10 it's -- 11 COMMISSIONER LETZ: How comfortable are you that 12 Kerr County, the City too, are collecting the sales tax that 13 the Comptroller's collecting? You had a report a while back. 14 There's a -- I pay sales tax in a lot of different counties, 15 and I question, because they refuse to believe that -- they 16 think I'm in Kendall County, and I'm in Kerr County, and I'm 17 always concerned that -- you know, I think -- not that what I 18 pay is that much, but that it's getting credited to Kerr, not 19 Kendall, where they think it should be. 20 MS. HARGIS: Well, as you recall, when I first came 21 here, I gave all the Commissioners a roll and asked you to go 22 over that. We found a few errors with -- with phones. A lot 23 of people work out of their houses; then you get the phones 24 for that. Without an audit, it would be impossible for me to 25 know. 5-12-14 44 1 COMMISSIONER LETZ: So, just hope it all balances 2 out? 3 MS. HARGIS: Because I can't get a copy of the 4 roll. The Judge is the only one that can get a copy of it. 5 And they gave it to us, what, last year or the year before? 6 And you get it for 30 days, and you get a snapshot. And it 7 was so big that we had a hard time even printing it down just 8 to get it to work so we could see it. I've seen -- and in my 9 prior business where we did audits, they are expensive, but 10 it might be something we might think about doing, just to see 11 if we're getting all of our money. 12 JUDGE POLLARD: If you want the roll, let me know. 13 MS. HARGIS: Okay. 14 COMMISSIONER LETZ: It may be something, if it's a 15 big enough concern, probably be worthwhile to talk to the 16 City of Kerrville about it, because it would be the same for 17 them. I mean, I would imagine. 18 MS. HARGIS: Yeah. 19 COMMISSIONER LETZ: It's just a matter of -- 20 MS. HARGIS: Where you have your county lines real 21 close together, and -- and there is a business that 22 establishes on a line, it's real easy for that patron -- I 23 mean that business not to know if they're in this county or 24 in that county. And what happens is, they'll remit to the 25 county they live in, because that's where they think they're 5-12-14 45 1 supposed to, when, in fact, they're supposed to remit to the 2 other one. You don't find it as much in the county area, 3 though, as you do in the cities. Like, city of Ingram might 4 have a business that is on the line, or the city of 5 Kerrville, and that's where generally you see a lot of it. 6 And I've seen audits like that before. I had a city -- the 7 cities of Montgomery and Conroe were right together, and the 8 city was annexing. Those people still thought they were in 9 the city of Montgomery, and so we ended up having to refund 10 $150,000 back to the city of Conroe, because they were really 11 in their area. And you see that. The other thing is, a lot 12 of people, if they do an in-home business, they don't pay the 13 sales tax, so you got to catch them. And there's all -- you 14 know, that's real hard to find, but it can be. 15 COMMISSIONER LETZ: All right, thank you. 16 MS. HARGIS: And so if you have any other questions 17 as you're reviewing it, we'll be glad to work with you on it. 18 JUDGE POLLARD: Thank you. Stay up there. All 19 right. Any further questions or comments on that item? All 20 right, let's go to -- there's no action necessary on that, -- 21 MS. HARGIS: No. 22 JUDGE POLLARD: -- is there? 23 MS. HARGIS: No, sir. 24 JUDGE POLLARD: All right. Let's go to Item 1.8; 25 consider, discuss, and take appropriate action on request to 5-12-14 46 1 transfer the Juvenile Detention Ford pickup to another 2 department. Mrs. Hargis? 3 MS. HARGIS: As you know, we have a -- a pickup 4 that's sitting out there in your parking area, and I've had 5 several departments that want to know if we were going to 6 allow that to be transferred to another department; the 7 Sheriff's office, Road and Bridge, Maintenance Department. 8 Right now it's parked out there, and if someone in the 9 courthouse wanted to use it, I hand them a key. But it's not 10 my vehicle to transfer, so I just -- I didn't know if the 11 Court would like to just wait until you hire someone out at 12 the Juvenile Detention Center, or if you want to allow 13 someone to use that in the interim. 14 COMMISSIONER LETZ: I think, to me, those -- put it 15 on our next agenda for those departments that think they need 16 a vehicle to come to us and plead their case. And, I mean, I 17 don't like it sitting where it is. It's just sitting there. 18 If someone needs it -- I know Maintenance talked to me, but 19 to be fair, need to talk to -- Road and Bridge expressed an 20 interest; see what their needs are, and -- 21 MS. HARGIS: And Rusty. 22 COMMISSIONER LETZ: And Rusty. If he needs it, you 23 know, let us know, and we can make a decision. No reason 24 just to let it sit there. 25 JUDGE POLLARD: I agree. Okay. So, we don't want 5-12-14 47 1 to take any action on that item right now? 2 COMMISSIONER LETZ: No, maybe next meeting. 3 JUDGE POLLARD: Okay. 4 COMMISSIONER LETZ: But I would appreciate it if 5 you'd move it downstairs. 6 JUDGE POLLARD: It's in your spot? 7 COMMISSIONER LETZ: It's in my spot. 8 MR. BOLLIER: You can go ahead and move it to 9 Maintenance; that will be all right. 10 MS. HARGIS: We haven't moved it down there, 11 because there's not a lot of room in either one of the lots. 12 COMMISSIONER BALDWIN: I thought we had a slot down 13 there. 14 COMMISSIONER LETZ: The Judge did have a spot down 15 there. County Judge has a spot down there. Put it in the 16 County Judge's spot down below. 17 SHERIFF HIERHOLZER: It can be parked out where we 18 park seized vehicles behind the security fence if they want 19 to just park it to get it out of the way. 20 COMMISSIONER LETZ: Just move it somewhere so it's 21 not just blocking -- 22 MS. HARGIS: Okay. 23 COMMISSIONER LETZ: Thank you. 24 JUDGE POLLARD: Thank you. All right, let's go to 25 Item 1.9; consider, discuss, and take appropriate action 5-12-14 48 1 regarding the sales tax rebate to Fox Tank Company on a 2 monthly basis. The 381 economic agreement calls for the 3 payments to be made annually on or before March of each year. 4 This was a two-year agreement. The last year is 2014, which 5 was to be paid by March 1 -- by March 1 of 2015. Ms. Hargis? 6 MS. HARGIS: We have a request from Fox Tank to pay 7 their sales tax rebate on a monthly basis, and because the 8 contract doesn't call for that, I'm not able to do that. 9 It's up to the Court as to whether you would like to do that 10 monthly. They are supposed to bring the report of the sales 11 tax they actually paid, and then we rebate that sales tax, 12 the entire amount back to them. 13 COMMISSIONER LETZ: I mean, monthly would -- it 14 seems like a lot of work, to me. Quarterly? 15 COMMISSIONER BALDWIN: Quarterly. 16 COMMISSIONER LETZ: I think quarterly makes more 17 sense to me. But I think it would take an amendment to the 18 agreement. Or can we just change it? 19 MS. STEBBINS: I think we should amend the 20 agreement. 21 COMMISSIONER LETZ: Amend the agreement. So, I 22 guess visit with Fox Tank and see if they're okay with 23 quarterly, and if so, the County Attorney can prepare a 24 little simple amendment -- 25 MS. STEBBINS: Yes. 5-12-14 49 1 COMMISSIONER LETZ: -- to do it quarterly. 2 COMMISSIONER BALDWIN: Ms. Auditor, is there a -- 3 is there a reason -- a good reason to do -- to change in any 4 way? I mean, what would be a good reason? Dream up 5 something for me. Help me here. 6 JUDGE POLLARD: Well, we're going to lose some 7 interest income on it. 8 COMMISSIONER BALDWIN: Do you think that's their 9 desire, for us to lose interest? 10 JUDGE POLLARD: No. No. No, I don't think 11 that's -- 12 COMMISSIONER LETZ: Their desire, I think, is to 13 get the money quicker. 14 JUDGE POLLARD: Yeah. 15 MS. HARGIS: They want to get it quicker. 16 COMMISSIONER BALDWIN: They need some money? 17 COMMISSIONER LETZ: They want the money. I don't 18 know if they need it. I think they want it. 19 JUDGE POLLARD: Probably help their cash flow. 20 MS. HARGIS: As far as we're concerned, I mean, as 21 long as they bring me the documentation as required under the 22 agreement, I don't have a problem with doing it quarterly. 23 Monthly, I thought, was a little -- apparently, the City had 24 been paying them monthly, and they just wanted us to follow 25 suit. So -- but, again, it's up to the Court as to what -- 5-12-14 50 1 COMMISSIONER BALDWIN: I agree with Mr. Letz 2 that -- quarterly. 3 COMMISSIONER REEVES: How much money are we talking 4 about? 5 MS. HARGIS: It's whatever they pay in. We paid 6 them back last year only 14,000, because they didn't get on 7 board as fast as -- as they thought they would. But whatever 8 sales tax they pay in, the rebate calls for -- 9 COMMISSIONER REEVES: How many dollars? 10 MS. HARGIS: Well, this year it could be as much 11 as -- 12 COMMISSIONER REEVES: You said it wasn't a whole 13 year, then? 14 MS. HARGIS: It could be as much as $4,000, $5,000 15 a month. It just depends on how many tanks they're selling. 16 They do have a particular tank -- and I'm not familiar enough 17 with oil well equipment -- that stirs or does something else, 18 and we don't get the money on that, so it's less sales tax 19 than we originally thought we would get. They had $7 million 20 in sales when they brought me the -- in 2014, but they only 21 paid sales tax on $2 million of that. 22 JUDGE POLLARD: Why do we not get sales tax on this 23 one particular tank? 24 MS. HARGIS: It's state law. It's something to do 25 with a mixing tank that -- that under state law, because 5-12-14 51 1 it's -- I guess it's an asset to the state, or it's an asset 2 to the industry. They got it taken off of the sales tax, 3 so -- that was new for me as well. 4 JUDGE POLLARD: Thank you. All right. Item 1.10; 5 it's 10 o'clock. 6 COMMISSIONER BALDWIN: You are -- you're right on 7 time on all those. 8 JUDGE POLLARD: Oh, we're prompt. 9 COMMISSIONER BALDWIN: You're something else, man. 10 JUDGE POLLARD: All right. Consider, discuss, and 11 take appropriate action to open responses to requests for 12 proposals, the bids for the inmate telephone system, and 13 refer for evaluation and recommendation and award as 14 appropriate. Sheriff Hierholzer. 15 SHERIFF HIERHOLZER: I believe you'll find there's 16 five bids there. There should be five copies in each box of 17 each bid. I would ask that you just open them and refer 18 them, because there's a lot of technicalities that have to be 19 looked at and make sure we're comparing apples to apples, 20 because where there's revenue, or after taxes or after fees 21 or before fees, there's going to be a lot of that in each 22 one, and I would estimate it would take a little while to go 23 through that. Since we'll be here for a while, I guess it 24 would be best just to put it back on the next agenda for 25 actual approval of which bid. 5-12-14 52 1 COMMISSIONER BALDWIN: I agree. 2 SHERIFF HIERHOLZER: There probably is not much of 3 a figure; it's going to be a percentage of what we get off 4 the inmate phone system, and it's going to be a lot of 5 different things. There could be some technical things that 6 one offers that the other one doesn't. So, what I would 7 probably recommend at this point is just state which 8 companies have submitted proposals. This is not an item that 9 goes over the $50,000 cost to the county, so it's really not 10 an item that I think requires to be bid. But due to the fact 11 we've had the one system for 10 years, it just kind of offers 12 a little bit better percentages and that, and that I'll draw 13 up a -- a sheet to show what each one -- how they're doing it 14 for the next Commissioners Court. That's the only way I know 15 how to do it. 16 COMMISSIONER BALDWIN: Yeah. 17 JUDGE POLLARD: Well, this one is from C.T. 18 Company, Inc., Communications Services. And looks like their 19 -- that's proposed by City Tele Coin Company, Inc., on 4501 20 Marlena Street, Bossier City, Louisiana. I'm not going to 21 look for a percentage or anything on that one. 22 COMMISSIONER BALDWIN: Make sure Jerry Jones' 23 name's not on any of them. 24 SHERIFF HIERHOLZER: Since there are five copies of 25 each one, I would ask that y'all -- three in each one? Okay. 5-12-14 53 1 That y'all keep one of the copies here, so that after I 2 review them, you know exactly that we've reviewed all five. 3 JUDGE POLLARD: This one is from Infinity Networks. 4 Doesn't have their address on the front. Let's see, do you 5 know where they're from? 6 SHERIFF HIERHOLZER: Not right offhand, no. I know 7 the company, but I don't know where they're from -- out of. 8 JUDGE POLLARD: These days with e-mail addresses, 9 they don't put their addresses on them any more. 10 SHERIFF HIERHOLZER: Right. 11 JUDGE POLLARD: Well, I don't see it readily. 12 SHERIFF HIERHOLZER: All right. 13 JUDGE POLLARD: This one is from -- 14 COMMISSIONER LETZ: It's hard to even figure out 15 who they're from. 16 JUDGE POLLARD: Securus Technologies. And it's 17 presented by Sally Zeitvogel, Major Account Manager, Securus 18 Technologies. 19 SHERIFF HIERHOLZER: Securus is the phone system. 20 JUDGE POLLARD: 14651 Dallas Parkway, Suite 600, 21 Dallas, Texas. This is submitted by G.T.L., the Corrections 22 Innovation Leader, whoever they are and wherever they are. 23 SHERIFF HIERHOLZER: Global Tel Link. That's the 24 company we currently have. 25 JUDGE POLLARD: Okay. 5-12-14 54 1 COMMISSIONER BALDWIN: There's a lady at the back 2 door that I bet has some information on that if you need it. 3 JUDGE POLLARD: All right. 4 AUDIENCE: I would like to, sure. 5 SHERIFF HIERHOLZER: I think we need to review them 6 first, Your Honor. 7 COMMISSIONER BALDWIN: Yeah. 8 JUDGE POLLARD: Okay. This one is from Legacy 9 Inmate Communications. I can give you a phone number; it's 10 an 800-number and an e-mail address, and that's all. 11 SHERIFF HIERHOLZER: That's all right. 12 JUDGE POLLARD: All right. Is that five of them? 13 SHERIFF HIERHOLZER: Yeah. 14 COMMISSIONER LETZ: Judge, I move we accept the 15 five proposals and refer them to the Sheriff's Department for 16 recommendation. 17 JUDGE POLLARD: Okay. 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: Any further comment? Discussion? 20 There being none, those in favor, signify by raising your 21 right hand. 22 (The motion carried by unanimous vote, 3-0.) 23 JUDGE POLLARD: It's 3-0, unanimous. All right. 24 We're down to which one now? 25 COMMISSIONER LETZ: 11. 5-12-14 55 1 JUDGE POLLARD: 1.11; consider, discuss, and take 2 appropriate action on approving final design and authorizing 3 project for Kerr County War Memorial. Mr. Letz. 4 COMMISSIONER LETZ: Yes. 5 JUDGE POLLARD: Let me comment that we did get in 6 the two checks; one, I think, $3,200, and I believe the other 7 one was $3,500. Am I correct on that? 8 MS. GRINSTEAD: They were both 3,200. 9 JUDGE POLLARD: Both 3,200, okay. 10 COMMISSIONER LETZ: At the last meeting, we asked 11 Maggie Baker, who is at training this week, to get a 12 rendering for us so we can kind of take a look at a couple of 13 different designs for the added black marble -- or black 14 granite pieces for the war memorial, and you see them 15 attached. There's two different ways of doing it. The -- 16 both of them -- one of them says Global War on Terrorism, 17 Operation Iraqi Freedom under it, and the other -- and on one 18 panel. The other one has the same thing, Global War on 19 Terrorism on top of the panel, then Operation Enduring 20 Freedom. Then the other option would be Global War on 21 Terrorism, one panel underneath it, Operation Iraqi Freedom 22 with the names, and then on that same panel, Operation 23 Enduring Freedom. I personally like that panel better. 24 JUDGE POLLARD: I do too. 25 COMMISSIONER LETZ: From the standpoint that I 5-12-14 56 1 think it's -- you know, it's odd to split it under two 2 different panels. My only comment would be, you know, from 3 a -- and I don't think we want to take up the entire panel, 4 as the rendering shows. I think the Operation Enduring 5 Freedom should be moved up, and leave space for additional 6 names, if any, for Operation Iraqi Freedom. But I don't 7 think we need, you know, as much space as was on the drawing. 8 I think we all got notice that also there was a -- maybe not 9 all, but the Judge and I did -- an additional $400 fee 10 because there's more letters now, but that's not that -- you 11 know, that is what it is. 12 But I think that, you know, as the Judge and I 13 talked a little bit about this, that, you know, we have been 14 visiting with Mr. Zirkle primarily about everything, and, you 15 know, it's quite of bit of money we're spending. And we're 16 not required to by law, but to make sure that we're getting 17 the best bang for the buck, should we put this out to several 18 memorial monument -- in the area? I don't know that there's 19 any others in Kerrville. I do know that there's two in 20 Fredericksburg that do a lot of work, and see if we can -- 21 you know, where we get the best price. And then I think 22 certainly Mr. Zirkle should be compensated for the efforts 23 that he -- the time he's put into it, helping us with the 24 design layout, a lot of the background work that he's done. 25 But -- 5-12-14 57 1 JUDGE POLLARD: I agree with all of that. 2 COMMISSIONER BALDWIN: As I do. There's also a big 3 company over in Llano that does a lot of -- a lot of this 4 kind of stuff. 5 COMMISSIONER LETZ: Right. There's -- there are 6 others around. And we should probably refer it to Ms. Baker, 7 so -- she's out this week for training, but next week she'll 8 be back, and ask her to do that. But to me, I guess we can 9 go with the -- y'all want to look at the way it looks? I 10 mean -- Mr. Cantrell or -- Captain Cantrell is in the 11 audience, and others, if they want to look at it. The -- 12 JUDGE POLLARD: We appreciate all the work Mr. 13 Zirkle has done on it. We do need to compensate him for 14 that. 15 COMMISSIONER LETZ: There's kind of the -- you can 16 see it. This is the white panels with the gray where the 17 inscriptions currently are, then the black one's in the 18 middle. The new one would be on the side, and then the Kerr 19 County seal would be on top of each of the black granite 20 panels, and then there would be a -- "Global War on 21 Terrorism" with the names underneath it. Sir? 22 MR. CANTRELL: Morning. Bill Cantrell, 428 Saddle 23 Club Drive, Commander of AMVETS Post 1000. We're named in 24 memoriam to Corporal Jacob C. Leicht. Just wanted to tell 25 you that we understand you're considering moving the entire 5-12-14 58 1 war memorial to the front of the courthouse. 2 COMMISSIONER LETZ: No. There has been a -- a 3 question asked of Ms. Baker to ask some of the groups around 4 if there was some -- I talked to Judge Tinley about this at 5 one point, and Judge Tinley thought that it should stay where 6 it is. And -- but it's come up before, and I said, "Well, 7 we're going to be adding to it; we ought to make sure..." 8 There have been complaints from some of the veterans' groups, 9 the veterans, that the location of it, when we have a 10 ceremony, it's awkward, because you're sitting, looking 11 basically one way. Because of the way the parking lot is, 12 you can't look at the memorial. And I asked Ms. Baker, I 13 said, you know, "Check around; see if there's any interest in 14 it, 'cause we have some excess funds or funds beyond what are 15 actually going to be required, and if there's a way to 16 improve the memorial, we ought to look at doing that." So, 17 anyway, so we're not -- that's the first, probably, the Court 18 heard about it. 19 MR. CANTRELL: But my understanding is that the 20 cost, according to Mr. Zirkle, is around $1,000. And it 21 seems like -- 22 JUDGE POLLARD: To move it? Just to move it? 23 MR. CANTRELL: That's what I understood. 24 COMMISSIONER LETZ: Right. 25 JUDGE POLLARD: Boy, that's -- I'm surprised it's 5-12-14 59 1 that cheap. 2 COMMISSIONER LETZ: So am I. 3 MR. CANTRELL: That would still fit in with these 4 two additional moneys that came in -- might still fit. All I 5 wanted the Court to understand is that -- realize that some 6 of us present here, certainly Vicki Marsh and myself, were 7 members of the veterans war memorial committee that came up 8 with it, and we've talked among ourselves, and just want to 9 let you know -- you don't need our approval, but we approve 10 it. 11 COMMISSIONER LETZ: Right. 12 MR. CANTRELL: So -- 13 COMMISSIONER LETZ: I think I would not feel 14 comfortable unless we had Mr. Neil Griffin, Mr. L.D. 15 Brinkman, and Mr. James Avery's approval, 'cause they paid 16 for the original. 17 JUDGE POLLARD: That's right. 18 COMMISSIONER LETZ: I think that would need to be 19 done, and we can certainly contact those three. And they're 20 all -- Mr. Brinkman, I know, is in town at the moment, so, 21 you know, it's just -- and I don't know if the Court wants to 22 pursue it. It's just something that I asked Ms. Baker to 23 make a few inquires and see what the thought was. 24 JUDGE POLLARD: Where would you like -- what would 25 be a better location? 5-12-14 60 1 COMMISSIONER LETZ: I don't have a -- I mean, the 2 only spot I think that is a larger area is over on the Earl 3 Garrett side, that corner up there that there used to be a 4 big tree which died, and there's -- that's pretty open. 5 That's the only big open area on the courthouse square. 6 JUDGE POLLARD: Just in front of the cannon? 7 COMMISSIONER LETZ: Yeah, over by the cannon. 8 JUDGE POLLARD: So we can shoot at the memorial? 9 SHERIFF HIERHOLZER: City Hall cannon. 10 COMMISSIONER LETZ: Anyway, we can put it on 11 another agenda, whether we want to entertain that. I don't 12 think it impacts moving forward on getting these ordered and 13 this moving. Wherever they're set up, they're going to have 14 to bring good equipment, certainly, to set these panels, and 15 that will be the time. We have a lot of time to -- 16 JUDGE POLLARD: That's going to take a crane. I 17 can't imagine it costing $1,000. 18 COMMISSIONER LETZ: But we can pursue that, but I 19 think we can approve today the -- 20 JUDGE POLLARD: Yeah, the design. 21 COMMISSIONER LETZ: -- the design. And where it's 22 located, we can always look at that in the future, or we can 23 leave it where it is. 24 JUDGE POLLARD: Do you want to make a motion that 25 we approve the design today? 5-12-14 61 1 COMMISSIONER LETZ: I'll make -- 2 COMMISSIONER BALDWIN: I was just going to say, 3 you're going to approve the design, and make another motion 4 to authorize Ms. Baker to bid out -- 5 JUDGE POLLARD: Yes. 6 COMMISSIONER LETZ: Yes. 7 JUDGE POLLARD: That's all included? 8 COMMISSIONER LETZ: I was going to do it all in 9 one. 10 COMMISSIONER BALDWIN: Okay. 11 COMMISSIONER LETZ: I'll make a motion that we 12 approve the design that has the -- that design, that has the 13 Kerr County seal on each of the new panels at the top, and 14 then on one of the panels would be Global War on Terrorism; 15 Operation Iraqi Freedom would be under it with the two names 16 that have been previously approved, and then Operation 17 Enduring Freedom with one name as previously approved be 18 added there, but move it up slightly to maybe use half of the 19 piece of granite with those two names. That would be 20 appropriate, I think. And then to authorize Ms. Baker to go 21 out and receive at least three bids on -- on this project, 22 and bring it back to the Court for approval. 23 JUDGE POLLARD: Is there a second? 24 COMMISSIONER REEVES: I'll second. 25 JUDGE POLLARD: It's been moved and seconded. Any 5-12-14 62 1 further discussion or comments? 2 COMMISSIONER BALDWIN: Let me ask you a question. 3 You talked about paying Mr. Zirkle for the work that he has 4 done up to this point. How is that -- 5 JUDGE POLLARD: Well, that assumes he doesn't get 6 the bid. But if he gets the bid, why, we'll do -- you know, 7 we'll do -- we'll pay whatever his services are, I guess. 8 But if he doesn't get the bid -- and he's certainly done some 9 work on it design-wise. He needs -- it's only right that we 10 pay for it. 11 COMMISSIONER BALDWIN: And he needs to figure that 12 out and bill us accordingly. 13 COMMISSIONER LETZ: And I think we should ask 14 Ms. Baker what that amount is, have him -- 15 COMMISSIONER BALDWIN: I'm just concerned about 16 throwing it out there without something specific. 17 JUDGE POLLARD: Needs to be fair. It needs to be 18 fair. Okay, that's the motion. Any further comments or 19 discussion? There being none, those in favor of the motion, 20 signify by raising your right hand. 21 (The motion carried by unanimous vote, 3-0.) 22 JUDGE POLLARD: It's 3-0, unanimous. All right. 23 As to Item 1.13 -- 24 COMMISSIONER BALDWIN: 12. 25 JUDGE POLLARD: 12, okay. Consider discuss, and 5-12-14 63 1 take appropriate action to appoint Thomas E. Bryant to Kerr 2 County Emergency Services District 2. Commissioner Reeves. 3 COMMISSIONER REEVES: Thank you, Judge. The ESD, 4 which is the Mountain Home Fire Department, is a five-member 5 board. We've had one vacancy out there for a while, and then 6 with my resignation from the board, we were down to three 7 members. One member is out of town right now, so they could 8 not even meet because of lack of a quorum. I'd like to 9 appoint Thomas E. Bryant. He lives on Lower Reservation 10 Road; been a resident of the district for well over 10 years, 11 retired firefighter from San Antonio, and he has consented. 12 And I'm still looking for the second replacement right now, 13 but with that, I make a motion to appoint him. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE POLLARD: Any further discussion or comment? 16 There being none, those in favor, signify by raising your 17 right hand. 18 (The motion carried by unanimous vote, 3-0.) 19 JUDGE POLLARD: It's 3-0, unanimous. 20 COMMISSIONER BALDWIN: Good job. 21 JUDGE POLLARD: And now we'll pass 1.13, unless 22 there's somebody that wants to speak to that issue in his 23 absence -- Commissioner Moser's absence? I guess those guys 24 all left. All right, we'll pass 1.13, with permission of the 25 Commissioners. Everybody agree? 5-12-14 64 1 COMMISSIONER BALDWIN: Yes, sir. 2 JUDGE POLLARD: Let's go to 1.14; consider, 3 discuss, and take appropriate action on letter in support of 4 the Hill Country Council on Alcohol and Drug Abuse. And 5 that's -- all right, there was a -- Jeannie Stevens submitted 6 a letter to me, and it says that the Hill Country Council on 7 Alcohol and Drug Abuse, Inc., is submitting a three-year 8 federal grant to the Bureau of Justice Assistance to provide 9 transitional and recovery support services for Kerr County. 10 We'll be working with Kerr County courts, Probation 11 Department personnel, and County Attorneys to provide those 12 essential services for persons incarcerated and those being 13 released. This grant requires that we secure letters of 14 support from our local officials and other relevant 15 departments. We are asking for your continued support and 16 consideration as we work towards this endeavor. We're asking 17 that the document be returned to our office by May 15th to 18 ensure timely filing by e-mail to me at this e-mail address. 19 Jeannie Stevens, Executive Director of the Hill Country 20 Council on Alcohol and Drug Abuse, Inc. Any further 21 discussion on that? Any comments on it? Do you have any? 22 MS. STEBBINS: Judge, did they also send you the 23 memorandum of understanding that she wanted -- 24 SHERIFF HIERHOLZER: I don't know if the Court 25 would have to deal with that, or just I would. 5-12-14 65 1 MS. STEBBINS: Well, she sent it to me as well. 2 COMMISSIONER BALDWIN: Yes. 3 JUDGE POLLARD: It is in here, yes. 4 MS. STEBBINS: Okay. 5 JUDGE POLLARD: Is there any discussion -- further 6 discussion about it, or comments? 7 COMMISSIONER BALDWIN: You know, we do -- seems 8 like we've done this numerous times. I don't know about 9 every year, but numerous times, and we never have really 10 discussed this thing of what do they actually do? And, I 11 mean, it says on one page in your -- the letter to you, 12 "provide transitional and recovery support services." 13 JUDGE POLLARD: Mm-hmm. 14 COMMISSIONER BALDWIN: And then in one place, it 15 talks about "provide prevention, intervention, mental health, 16 and treatment services." I wonder what "treatment services" 17 means. Substance abuse, alcohol abuse. You know, I'm not 18 sure I understand all this stuff. Pre- and 19 post-incarceration, mentoring, information, referrals and 20 treatment. Now, what is -- what does "treatment" mean? 21 JUDGE POLLARD: Well, then I suggest we pass this 22 until the next agenda, and invite Jeannie Stevens to come 23 talk to us about it, explain those items and answer those 24 questions. 25 SHERIFF HIERHOLZER: I don't know when her date is. 5-12-14 66 1 I think her date on a lot of that was May 15 to get her 2 timeliness in, which would be passed. Now, I did meet with 3 her last week, because what they would like to do is have 4 more involvement in the jail part itself, and coming in and 5 doing initial assessments of inmates that have drug and 6 alcohol abuse and mental illness issues, so that they can 7 start providing some counseling and social-type services. 8 That's what all this is over. It's a three-year grant deal 9 to see if they can start cutting down and ending some of the 10 recidivism rate that jails are seeing, because they actually 11 work through the courts, probation offices, where the Courts 12 would order these people to either go through, like, a drug 13 rehabilitation counseling or batterer's program or a lot of 14 those different deals that they want to offer, and be able to 15 direct it to inmates, and then also follow up when they get 16 released. And that's always one of the big issues. We can 17 offer a lot of things when they're housed, but it follows up 18 once they're released from custody. That's what a lot of 19 that is. 20 COMMISSIONER BALDWIN: And I understand what you're 21 saying; I appreciate you saying that, but, you know, back in 22 the olden days, when the State Hospital provided drug and 23 alcohol treatment, which was a 28-, 38-day program for folks, 24 and it really gives them the opportunity to overcome an 25 issue, I mean, I don't see that here, because the State 5-12-14 67 1 Hospital doesn't do that any more. It costs you 20,000 bucks 2 or so to go to a treatment facility. 3 JUDGE POLLARD: More than that. 4 MS. STEBBINS: If -- I can explain a little. 5 COMMISSIONER BALDWIN: Why don't you just stand up 6 and explain it? 7 MS. STEBBINS: I can do that. I talked to her a 8 couple weeks ago. She -- 9 JUDGE POLLARD: Would you state your name and 10 address? 11 MS. STEBBINS: You want my address? That's not 12 public information. (Laughter.) Sorry. They have -- I 13 believe they even have a two-year program. But they have a 14 program that when you're on probation, that you have to come 15 in, or they'll report you to your probation officer that 16 you're not doing what you're supposed to be doing, so that 17 then they're back in court and -- and in more trouble than 18 they were in the first place. So, they do keep tabs on these 19 folks, and they have extensive programs. They come in and 20 they evaluate them, and they -- they advise the probation 21 officers and then the individuals what they believe that they 22 need, and then they give them the types of treatment. They 23 have counseling, drug and alcohol counselors there. They 24 have lots of resources. 25 COMMISSIONER BALDWIN: A.A. meetings? Is that what 5-12-14 68 1 we're talking about, like A.A. meetings or N.A. or whatever? 2 MS. STEBBINS: I'm -- 3 COMMISSIONER BALDWIN: I mean -- 4 MS. STEBBINS: I'm not sure if -- 5 COMMISSIONER BALDWIN: I don't see the treatment. 6 I'm not against it; I'm all for it, but I'm just not sure. 7 We're signing off on it with our names, and I think that it 8 should be fairly accurate if that's the case. 9 MS. STEBBINS: I think that they connect them with 10 lots of services in the hill country that are available to 11 them. 12 COMMISSIONER LETZ: Is there a rush to get it done 13 today? I'm kind of with Judge Pollard there. 14 JUDGE POLLARD: Well, let me suggest this. Why 15 don't we go ahead and authorize me to sign the letter in 16 support to meet their deadline, but let's ask Ms. Jeannie 17 Stevens -- Mrs. Jeannie Stevens to come talk to us at the 18 next court and explain so we know what we've just supported. 19 COMMISSIONER BALDWIN: Yeah, absolutely. 20 MS. STEBBINS: I'm sure she'll be glad to. 21 JUDGE POLLARD: Okay. Does that sound like -- 22 COMMISSIONER BALDWIN: I move for approval, Judge, 23 to get that letter in by May 15th. 24 COMMISSIONER LETZ: Second. 25 JUDGE POLLARD: You second? All right. Any 5-12-14 69 1 further comment or discussion? 2 COMMISSIONER LETZ: I do have a quick question. 3 The memorandum of understanding was set up for Spencer Brown 4 to sign. Is that who's supposed to sign that? 5 MS. STEBBINS: I -- well, Rusty said he got one. I 6 got one. I think they're sending them to different -- 7 JUDGE POLLARD: Here's the one that's -- 8 COMMISSIONER LETZ: I saw that letter is from you, 9 but -- 10 JUDGE POLLARD: -- that's prepared for me. 11 COMMISSIONER LETZ: The letter was for you, but the 12 M.O.U. is what I was questioning; it was for Spencer. Is it 13 not supposed to be for Spencer? Or -- 14 JUDGE POLLARD: I think he got one too. 15 MS. STEBBINS: I think they sent several -- 16 SHERIFF HIERHOLZER: What they're trying to do is 17 make sure the courts will use them. The courts are kind of 18 saying, "Yes, we will use y'all to do this." 19 JUDGE POLLARD: All right. 20 COMMISSIONER LETZ: Okay. 21 MS. GRINSTEAD: It was my understanding she just 22 sent a sample M.O.U. of what they would be sending out so you 23 could fill out that letter of intent, because there's a 24 portion we had to fill out. It was just to help draft the 25 letter, not -- they're not right now asking you to sign the 5-12-14 70 1 M.O.U. She just wants to say this is a sample of what we 2 will be sending to the Sheriff and the County Attorney and 3 Judge Brown. 4 JUDGE POLLARD: Okay. We've discussed the heck out 5 of that. Let's vote. Those in favor, signify by raising 6 your right hand. 7 (The motion carried by unanimous vote, 3-0.) 8 JUDGE POLLARD: It's unanimous, 3-0. 9 COMMISSIONER LETZ: About time for a morning break. 10 JUDGE POLLARD: Okay. How long do you want? 11 COMMISSIONER LETZ: Ten minutes? 12 JUDGE POLLARD: Ten-minute break. 13 (Recess taken from 10:26 a.m. to 10:36 a.m.) 14 - - - - - - - - - - 15 JUDGE POLLARD: Okay, Commissioners Court's back in 16 session. It now appears to be 10 -- yeah, almost at the end 17 of the 10-minute recess. We're back in session now. We'll 18 consider Item Number 1.15; consider, discuss, and take 19 appropriate action regarding agreement with K.E.D.C. 20 Commissioner Letz? 21 COMMISSIONER LETZ: Yeah, I put this on the agenda. 22 I think it probably got some interest because all of a 23 sudden, it ended up in the paper, front page, but that's 24 fine. It's not really a -- you know, to throw rocks at 25 K.E.D.C., though it's a little bit -- part of the reason for 5-12-14 71 1 this. I started thinking about -- it started with Gateway, 2 and then I started thinking about other things. The more I 3 thought, the more concerned I got. I've got to go back a 4 little bit to 2010, and a conversation I had with Judge 5 Tinley at the time, who was, I think, very instrumental in 6 setting up K.E.D.C. And my question to him, or concern at 7 the time was the funding is, you know, coming from the city 8 of Kerrville for K.E.D.C. through E.I.C. And my concern at 9 that time was, "Is the county going to truly be represented?" 10 And I look back at projects that have been very important to 11 this Court; Hill Country Youth Event Center. E.I.C. did 12 give, I think, some to Stock Show for pens, but out of a 13 $5 million project that's clearly economic development, the 14 feedback we got is that they weren't real interested in 15 funding it through -- either through Stock Show or through 16 us. There may have been -- at one point, I did talk to Judge 17 Tinley a little bit about it. There was some conditions that 18 if we agreed to be annexed, they may consider it, but they 19 weren't real gung-ho for that. 20 More recently, Mooney comes up, and clearly, 21 another area of economic development. And the feedback we 22 get back is they're not interested in helping us there, 23 either E.I.C. or K.E.D.C. I mean, they're helping, but 24 they're really not coming up with a solution. And then 25 Gateway comes up. And I know nothing about Gateway; I'll be 5-12-14 72 1 the first to say it. And that's really what got it on the 2 agenda today, 'cause it's in my precinct, and I have a real 3 problem with a project like this going on, proposed in my 4 precinct, and I'm not aware of it. Now, the problem could be 5 -- and Commissioner Moser isn't here today -- could be with 6 Commissioner Moser. He sits on K.E.D.C. board, I believe. 7 We appointed him; I presume he's there. And that's something 8 that we can deal with on this Court, and maybe he shouldn't 9 be our representative, but we'll leave that for another time 10 when he's here. 11 But I am very concerned about, you know, the 12 direction that I see. It appears from -- and a lot of this 13 is what I read in the paper, but we haven't had a lot of 14 feedback directly from K.E.D.C. -- that they don't want 15 retail by the interstate, evidently. They're not interested 16 in being able to figure out Mooney. They don't really want 17 to work with Hill Country Youth Event Center. And I'm just 18 like, "Okay." In the last four years, they have a budget of 19 close to a million dollars, and I'm trying to figure out what 20 they've done for the county, and I don't see a lot. The 21 predecessor, K.E.D.F., was instrumental in bringing Fox Tank 22 here. That might have been finalized under K.E.D.C., but it 23 was brought in by K.E.D.F. And for the amount of money that 24 is being spent, I just am getting concerned that I don't see 25 or understand what they're trying to do. They don't want 5-12-14 73 1 retail jobs 'cause they don't pay enough, but yet they're 2 promoting a wine trial on 173, which that's agricultural 3 jobs, which pays less than retail. You know, that's a -- you 4 know, so I don't understand the argument about the wages. I 5 mean, I still can't get there on that. But, anyway, they say 6 it doesn't qualify. 7 So, I guess my reason for putting it on here is the 8 County funds K.E.D.C. to the extent of -- it was 20,000 a 9 year. This year, I believe it's $17,500 a year. And what I 10 see, or am beginning to see, is what I feared originally, 11 that K.E.D.C. and E.I.C. are linked so closely that I'm not 12 sure the County's part of the puzzle, and that is a big 13 concern to me. And if that's the way it's going to be run 14 and that's the way the City chooses to run it, because they 15 run E.I.C. and they run the money for K.E.D.F. -- or 16 K.E.D.C., that's fine, but I don't want them to come out and 17 act like they're working for the county. I've worked with 18 Jonas on some projects, and I'm not saying he doesn't do 19 anything in the county. He's worked on some wine vineyards 20 over in the Comfort area; I've met with him, and he keeps me 21 informed on those projects. 22 Nothing's really happened yet, but I know he's 23 working on them. I'm not saying they're not working. I'm 24 just trying to figure out what their focus is, and it's just 25 a concern to me. And as we're entering the budget time, I 5-12-14 74 1 just wanted to put it on the table. I know that there's 2 several members here. They can, you know, either address it 3 now, or we can put it on a future agenda and get a report 4 from them. I think they're -- you know, we look at quarterly 5 reports or whatever the agreement calls for. But I'm just 6 concerned as to what direction K.E.D.C. is going, and why 7 they don't seem to have an interest in funding projects that 8 are important to at least me as a commissioner. 9 MR. TITAS: I would be happy to address those. And 10 two board members of K.E.D.C. are here today to also address 11 and answer questions at the board level and board direction. 12 And I personally take a lot of issue with a lot of what you 13 just said, because I think our focus is definitely 14 county-wide. We've supported four projects since I've been 15 on staff. Two -- one of those is in the county, with the 16 Geo-Phase, the six-building panel construction company. 17 We're working very closely with some wineries, and yes, those 18 are predominately lower-wage jobs, but we are focusing on the 19 production and distribution facilities that also have a 20 tourism component to it, so there's additional multipliers to 21 them. And they also will qualify as primary jobs, because a 22 lot of that product is -- is produced here locally and 23 exported to markets outside of Kerr County. 24 Mooney, we have worked very closely on them, and 25 we've worked very closely with the County and our County 5-12-14 75 1 representative. The County has been present in every 2 K.E.D.C. meeting; County has voted on every K.E.D.C. motion 3 regarding Mooney and the Gateway project. And our focus is 4 -- it's not -- it's not a unique economic development 5 strategy to Kerrville. This is kind of -- I'll give you a 6 little handout. Our focus is on primary employers which have 7 the greatest economic return. Every economic development 8 case study or successful organization has a very similar 9 strategic plan and operation. Our strategic plan that is -- 10 that you referenced earlier in conversations with our staff 11 on Friday referred to a 2013 document that -- that has since 12 been modified and updated one and a half times. 13 We're working through a current redevelopment of 14 that strategic plan, and I was here in December and gave the 15 Court an update on where that plan was, and the 2008 plan and 16 the steps, and our success over the years from the 17 implementation of that plan. And we're very proud of what we 18 have been doing, and we see the county as a -- as one of our 19 required and necessary partners to conduct economic 20 development. A lot of -- a lot of the companies employ 21 citizens from the county, and there's bona fide economic 22 development benefits for -- for operations in the county. 23 So, with that, I'd like to turn it over for any questions, or 24 allow the board members -- 25 COMMISSIONER LETZ: Jonas, I'm not -- I'm trying to 5-12-14 76 1 understand you. A lot of this is what was in the paper. 2 Maybe the paper's not accurate; I don't know. But -- and 3 from what -- you know, and maybe the problem is our 4 representative on K.E.D.C., because -- you know, I don't know 5 that, but we can deal with that at the court level. But I do 6 know that with Mooney, Commissioner Moser was not in the loop 7 early on. We were out there when the Mayor initially said 8 the City's committed 500,000. He was as at a loss as I was. 9 MR. TITAS: That -- that plan came from the City, 10 and that plan was announced at an Airport Board meeting. And 11 K.E.D.C. had not met to -- to evaluate that proposal at that 12 time. Commissioner Moser had been present from -- with 13 Mooney from day one. He went with us on a trip to Austin 14 back in early December when we were discussing what state 15 level support there might be and what our options are. He 16 was present in every conversation that we had for their 17 initial economic development request through the E.I.C., and 18 he was a part of those discussions and he added value to 19 those discussions, and he was present in every meeting. 20 COMMISSIONER LETZ: Maybe that's the problem. 21 JUDGE POLLARD: Any other -- 22 COMMISSIONER BALDWIN: Present at every meeting, 23 and you said the County has voted on every Gateway issue? 24 MR. TITAS: Yes, the initial request. 25 COMMISSIONER LETZ: How'd we vote? 5-12-14 77 1 MR. TITAS: Pardon? 2 COMMISSIONER LETZ: How did we vote? I have no 3 idea. 4 MR. TITAS: Both votes were unanimous. And the 5 first -- we were initially approached to seek E.I.C. funding 6 in the amount of $7 million, and we were told that that was 7 the only -- that was the only form of public participation 8 that the developer desired. And we tried to work with them 9 to look at additional levels of support that we could take to 10 our stakeholders. At that point, they were not interested in 11 any other model, so we were forced to give an up-and-down 12 vote on one -- one form of support. Subsequent to that, we 13 were notified that, "Well, okay, then we'll rescind our 14 application," and there was a lot of talk in the community 15 about the project. And then the developer went directly to 16 City Council representation, and -- and discussed the project 17 in the abstract at a City Council meeting. K.E.D.C. was not 18 a part of any of those discussions or possibilities. City 19 Council took no action at that meeting. Following -- 20 K.E.D.C. had another regularly scheduled monthly board 21 meeting the 1st of May. The developer came and made -- made 22 a case for additional models of support, looking at tax 23 abatements and sales tax rebates. As the strategic plan that 24 we have adopted focuses on primary employers, and the level 25 of the amount of the request and fears of how that might 5-12-14 78 1 impact existing businesses in the community, the vote was to 2 recommend to our stakeholders -- not to say that they 3 couldn't hear or they could not participate, because we 4 didn't -- ultimately, we're a nonprofit, and we don't have 5 any -- any resources to -- to provide incentives. So, our 6 vote at that time was merely to recommend to our stakeholders 7 that we would not recommend to you all to -- to enter that 8 form of -- that form of an arrangement. And a County 9 representative was present at both of those meetings, and 10 cast a vote. 11 COMMISSIONER LETZ: So, since it was unanimous, I 12 assume in both instances, you voted against it. 13 MR. TITAS: Yes, sir. 14 COMMISSIONER LETZ: That's -- like I said, you 15 know, a lot of this is new to me today, and that's the reason 16 it's on the agenda. And, you know, I just think that it is 17 of great concern to me when a developer comes into this 18 community, wants to put a project as large as this one in my 19 precinct, and I'm not told of it. I have no idea. I only -- 20 the only information I've had is from the paper. 21 MR. TITAS: Well, the initial -- the initial 22 meeting that K.E.D.C. had to discuss the project was only 23 looking at one avenue. And we had -- 24 COMMISSIONER LETZ: Let me stop you. That's 25 irrelevant. A developer -- the fact that he only wanted to 5-12-14 79 1 talk to E.I.C., great. Should I not know about it? It's in 2 my precinct. 3 MR. TITAS: The County knew about it. 4 MR. BOND: To be fair, Commissioner Letz, the 5 timeline on this thing was ridiculously short. It began the 6 25th of March. The presentation to K.E.D.C. was 13 days 7 later. The meeting for the City Council was one week after 8 that. So, we've had a -- literally, we had one month of this 9 thing being in front of our community to be considered, 10 total, from start to finish, so we're talking about a really 11 short timeline on this deal. So, the fact that you were 12 uninformed, our board was uninformed. The developer brought 13 this thing to us and said, "We have to have an answer today," 14 or basically -- not literally, but figuratively, today. And 15 we all had very little time to really consider the project 16 and give it the full consideration. So, your -- I don't know 17 what policy you guys have in place with regard to 18 Commissioner Moser informing the rest of you about these 19 kinds of things. I feel like that's a very valid 20 conversation to have, and that it needs to be a policy that 21 you have in place. Your representative on our board is 22 intentionally there so that you guys will be informed about 23 these opportunities. 24 JUDGE POLLARD: Yeah, but irrespective of who's the 25 representative on the board, it seems obvious that the 5-12-14 80 1 Commissioner in whose precinct the project is proposed ought 2 to be consulted about it and kept informed. 3 COMMISSIONER LETZ: And Jonas has done that -- has 4 done that on several occasions. You've told me and said, 5 "Hey, this is working out in your area," and I appreciate 6 that. What baffles me is that it didn't happen this time, 7 and this is by far the biggest one we've had. 8 MR. BOND: Largest consideration. 9 COMMISSIONER LETZ: You're right, Kyle. I think 10 that the -- part of it appears to be an internal 11 Commissioners Court issue, and we can deal with that as a 12 separate issue. My concern is the direction that K.E.D.C.'s 13 going. And, you know, a lot of it is -- it's frustrating 14 when we have Hill Country Youth Event Center and the 15 Mooney -- even forget about Gateway. Those two things. And 16 I get feedback that K.E.D.C. and E.I.C. -- I really don't 17 separate them 'cause of the funding, you know -- aren't 18 interested in them. And I'm just like, "Well, gosh, what 19 more can we -- what is more important economically to this 20 community than those two things?" And to not have them 21 coming to us and saying, "We would like to support you." 22 MR. TITAS: Mooney right now is priority number one 23 of K.E.D.C. We are doing everything we can to facilitate 24 support on that project, and we have met with the 25 Commissioners several times to explore and evaluate what 5-12-14 81 1 options we have to support that project, both conceptually, 2 budget-wise, and also statutorily, based on what -- what 3 tools we have at our disposal. So, we have definitely been 4 being as creative as we can and involving as many of you as 5 possible in those meetings. We met with all -- also, the two 6 commissioners that are no longer with us were also involved 7 in a lot of meetings as well. I know I've spoken with you 8 several times about Mooney. 9 COMMISSIONER LETZ: Jonas, my concern at Mooney is 10 that -- you know, this isn't really -- maybe it's not y'all's 11 responsibility, but a bid comes from for Mooney for a million 12 dollars. Everyone's all jumping over themselves to figure 13 out how we're going to pay for this million dollars, but no 14 one thought to look at it until the County said, "Hey, let's 15 look at the structure of the buildings. We have to do an 16 RFP. Airport Board, why don't y'all go out and hire a 17 consultant to see what really needs to be done?" Rather than 18 jumping onto a bid that we can't accept anyway. 19 MR. TITAS: That was exactly what was proposed. 20 COMMISSIONER LETZ: By the County. 21 MR. TITAS: I -- that was proposed from other 22 entities in the community. 23 COMMISSIONER LETZ: Okay. 24 MR. TITAS: And that was the construct of the City 25 Council motion as well. And -- and we -- we have been 5-12-14 82 1 involving the Court on every -- every aspect of that project 2 since -- since its inception in November of last year. 3 COMMISSIONER LETZ: Okay. 4 JUDGE POLLARD: Any further discussion? 5 MR. BOND: One more thing, just an important 6 distinction between a couple comments that were made today. 7 Number one, K.E.D.C. is really a recommending branch. I 8 understand that tie between us and E.I.C., primarily because 9 it's the major funding source for our organization, but it 10 really needs to be clearly -- 11 JUDGE POLLARD: It's the funding source, isn't it? 12 MR. BOND: Well, everyone -- there are four 13 stakeholders, and the County is one of those. The City, 14 County, KPUB, and school district. 15 COMMISSIONER LETZ: But they put up roughly 75 16 percent. 17 MR. BOND: The bulk of the funding is from the 18 E.I.C. fund, so the perception would be, of course, that 19 we're tied directly to them. Now, we are not. We have a 20 representative on -- one representative on our board that is 21 on the E.I.C. board. It's important to understand that they 22 are the funding source. We're the recommending and the 23 strategic arm for economic development. 24 MR. TITAS: Each stakeholder has one 25 representative. 5-12-14 83 1 MR. BOND: Right. So, as far as voting is 2 concerned, the board is comprised of equal representatives; 3 business -- excuse me, business folks, KPUB, school district. 4 Everybody in that room is personally motivated to see 5 progress in our community with regards to economic 6 development. Every business person, every -- you know, the 7 school district stands to gain by students; KPUB stands to 8 gain by providing power. Everybody in that room is motivated 9 to make sure we have good progress. 10 COMMISSIONER LETZ: But not any development, only 11 development that y'all want. 12 MR. BOND: Not just any. It's -- and, really, the 13 vote last week -- and it's important to make this 14 distinction. The vote that we've made is not against having 15 retail or retail development, at all. 16 COMMISSIONER LETZ: There was a quote from one of 17 the -- either E.I.C. or K.E.D.C. in the paper, and if the 18 quote was wrong, I think y'all need to get a retraction. 19 MR. BOND: Well, we -- going down that path, the 20 reality is that the vote was to not incentivize it. If it 21 stands on its own merits, then we absolutely want to see 22 retail development in our community, without question. The 23 fact that retailers are looking at us right now being -- 24 COMMISSIONER LETZ: Wait, wait, stop. "Stands on 25 its own merit." So, you -- so you're not going to provide 5-12-14 84 1 any assistance for retail. That's what you just said. 2 MR. BOND: This project was weighed on its own 3 merits. They asked for seven and a half million dollars. 4 That's a large dollar figure. It was -- they were told -- we 5 were told by them that they were not willing to consider 6 anything other than that, and that was the reason why it was 7 voted no. 8 COMMISSIONER LETZ: Okay. 9 MR. BOND: So, therefore, recognize that everyone 10 has to be weighed on their own. Now, if they come to us with 11 a proposal, we have to weigh out the proposal, look at the 12 opportunities, the -- you know, the pros and the cons, just 13 like you guys do. We get second-guessed just like you guys 14 do -- I'm sure you're not unfamiliar with that -- on our 15 decisions. It was two unanimous votes against. I think 16 there's a lot of smart folks in that room; they had pretty 17 good reasons. The details of it, some of those are 18 confidential, but conversations can be had between yourselves 19 to get those answers to those questions as to why it went the 20 way it did. 21 COMMISSIONER LETZ: Okay. 22 JUDGE POLLARD: Thank you. 23 COMMISSIONER LETZ: Thank you. 24 JUDGE POLLARD: All right. Any further discussion 25 or comments from Commissioners? None? 5-12-14 85 1 COMMISSIONER LETZ: No. 2 JUDGE POLLARD: Do we need to take any action on 3 that? That was just a discussion? 4 COMMISSIONER LETZ: No, no action. 5 JUDGE POLLARD: All right. Next we'll go to 1.16; 6 consider, discuss, and take appropriate action on 7 Commissioners Court workshop schedule for Fiscal Year '14-'15 8 budget. Commissioner Letz. I think we got that delivered to 9 us today. 10 COMMISSIONER LETZ: Yes. Mainly just to make sure 11 we're all on the same page on the scheduling, and I guess the 12 Auditor put it together. 13 JUDGE POLLARD: Do we need to -- any further 14 comments or discussion about it? Or any objection to it? 15 COMMISSIONER LETZ: I guess if everyone's 16 comfortable with it, have Jody post these meetings as -- you 17 know. 18 JUDGE POLLARD: Okay. 19 COMMISSIONER BALDWIN: Is there a document? 20 COMMISSIONER LETZ: There is a document. 21 COMMISSIONER BALDWIN: This one? 22 COMMISSIONER LETZ: From the Auditor. 23 COMMISSIONER BALDWIN: Oh, not this? 24 JUDGE POLLARD: This one right here. Don't anybody 25 move. 5-12-14 86 1 COMMISSIONER LETZ: No, the one you got -- I think 2 it's this one. 3 MS. HARGIS: You have all of it in the budget book. 4 It's all in there. Both documents are in your budget book. 5 JUDGE POLLARD: All right. 6 MS. HARGIS: I'm sure we'll have to modify these as 7 we go along, but these are just suggestions. So, it's kind 8 of what we have done in the past. Judge Tinley would come up 9 with the first meeting, and then as the budget would 10 progress, then we would change some of the meeting -- some of 11 the departments. 12 COMMISSIONER LETZ: The only comment I have -- and 13 this is kind of an F.Y.I. for the Judge and Commissioner 14 Reeves. In the past, we have always left budgets -- or, 15 excuse me, salaries off the table until the very end. And I 16 don't know that I've ever really liked that, but that's just 17 the way we've always done it. The reason I don't like it is 18 that it's the biggest component of our budget. If we're 19 talking about any kind of an increase, we kind of wait and 20 see what else is there, and then whatever's left, we kind of 21 try and do an adjustment if we feel like it. This year, we 22 have a lot of personnel requests, more than I've seen in any 23 recent year, and I don't know how you could evaluate 24 personnel requests if you're not looking at the overall 25 salary line item, because, you know, we kind of go through 5-12-14 87 1 these budget workshops and nod yes, "That's a good idea; 2 that's a good idea," but then bottom line, at the end of it, 3 we got to add in all these salaries. I think it's -- it's a 4 problem. I'm not sure -- I don't have the solution as to how 5 we fix that problem, but it just seems to me that we wait 6 until the very end to look at our biggest line item. And is 7 there a way -- there must be a way, 'cause I see a hand going 8 up. Is there a way that we can incorporate that, at least 9 when we we're looking at everything as we're going through 10 this process? 11 MS. HARGIS: The major incentive salary increase is 12 in the budget. It is in there. And in your memo, it talks 13 about it being in there. 14 COMMISSIONER LETZ: So, you say the main -- 15 MS. HARGIS: For everyone. 16 COMMISSIONER LETZ: But the mandatory -- not any 17 kind of increase; just the mandatory jumps in -- 18 MS. HARGIS: What we can do is take those 19 departments that have requested it; we can give you a sheet 20 with it and without it, and that way you can -- 21 COMMISSIONER LETZ: With additional personnel? 22 MS. HARGIS: Yeah, and then you can see. 23 COMMISSIONER LETZ: That would be helpful, 'cause I 24 think we really -- I mean, from our standpoint, and also for 25 all the other department heads and elected officials, it 5-12-14 88 1 really helps if we can kind of look at it as much as we can 2 as a whole as we're going through it. I know we can't get 3 too far down until we get the tax -- you know, the end of -- 4 final tax rolls in July. But it just seems that the more of 5 the salary component we can look at at the same time -- and I 6 think -- and before we have our first workshop, I'd like to 7 have a little bit of an overview as to where we're going to 8 be reserve-wise, you know, at the end of the year, kind of, 9 so we can go in and we can kind of follow what kind of -- how 10 tight it's going to be this year. I'm sure it's -- I mean, 11 it's always tight. Based on the number of salary requests or 12 increases I know that we have, I know it's going to be a very 13 tight year. 14 MS. HARGIS: This is going to be a difficult year 15 for me to predict real closely, because we are already over 16 in so many departments, and we're having to move things 17 around a lot. So, I'm not going to predict much reserve in 18 this particular year. It's just not there. That's one of 19 the problems that I see for the current year, as you'll see 20 when we go through the budget amendments that you have. We 21 have 35 of them today, so -- and that's just a bandaid, 22 'cause we're going to have to keep doing them. But rather 23 than do big bulk ones, we're doing smaller, so we can creep 24 up to it. In the past -- in the past, Judge Tinley would 25 look at this list. It has been actually longer than this in 5-12-14 89 1 the past. And he would go through and we would give him the 2 list, and he would mark some of those off, and that's why you 3 would get a smaller list. This is really smaller than the 4 original one last year. So -- 5 COMMISSIONER LETZ: I guess that's good. 6 JUDGE POLLARD: No, it's going to be difficult with 7 declining revenues, and everybody asks for more in every 8 department. 9 MS. HARGIS: What we'll do is give you two -- one 10 with it, one without it -- for each department that's 11 requested it. I think that way you'll have it in front of 12 you. And we'll get those ready today and put them in your 13 boxes, and then you'll have the opportunity to see what an 14 impact it would make. It's -- you know, it's so early in the 15 year, it's a little hard for me to predict exactly what the 16 reserve will be, but I'll do the best that I can. I'll try 17 to have that for you. 18 COMMISSIONER BALDWIN: It makes all the sense in 19 the world to me. At least let's try it that way. I don't 20 recall ever doing it that way, but -- but it just makes sense 21 to -- if you're looking at all the income and outgo at the 22 same time, and I'm assuming that you're -- let's just use 23 Commissioners Court as an example. When we're dealing with 24 Commissioners Court budget, we look -- we look at the new 25 hires and the salary increases and all that at that time. Is 5-12-14 90 1 that what you're saying? 2 COMMISSIONER LETZ: Yes. 3 COMMISSIONER BALDWIN: Or are you -- 4 COMMISSIONER LETZ: But we're not -- we don't have 5 any. 6 COMMISSIONER BALDWIN: I'm just using us as an 7 example. I can pick on a clerk in a heartbeat, but I'd 8 rather not. I enjoy working here. 9 COMMISSIONER LETZ: Yes. 10 COMMISSIONER BALDWIN: The -- or do you still have 11 the salaries set aside in one, and have one meeting with just 12 salaries? 13 COMMISSIONER LETZ: I would rather -- 14 COMMISSIONER BALDWIN: Early on? 15 COMMISSIONER LETZ: I would rather just do it all 16 at one time. 17 COMMISSIONER BALDWIN: So, when we're dealing with 18 the County Clerk's budget, we're going to deal with the 19 salaries and all that stuff all at the same time? 20 COMMISSIONER LETZ: Yes. 21 COMMISSIONER BALDWIN: Okay. Well, that's fine 22 with me. I just want to be clear what we're going to do. 23 COMMISSIONER LETZ: And it may not work real well. 24 COMMISSIONER BALDWIN: Well, I think it will. 25 COMMISSIONER LETZ: Yeah. The down side to it is 5-12-14 91 1 that, in all likelihood, we're going to have -- we'll end up 2 cutting in late July, early August. 3 COMMISSIONER BALDWIN: Yeah, that's true. 4 COMMISSIONER LETZ: So there may be positions that 5 people thought they were going to get based on our June 6 meeting that are going to come out in August. And that's -- 7 you know, that's how I see it working. 8 COMMISSIONER BALDWIN: We'll have to -- we'll have 9 to cut the Tax Assessor so we can have all the people we 10 want. 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER BALDWIN: That's what we'll do. 13 COMMISSIONER LETZ: Okay. 14 COMMISSIONER BALDWIN: All right. And so, today -- 15 it looks like today, Commissioners Court determines the dates 16 for budget workshops. That's one of the schedules. Look at 17 this. 18 COMMISSIONER LETZ: And we're -- on the 26th, we're 19 going to have a workshop. 20 COMMISSIONER BALDWIN: God. 21 MS. BOLIN: On May 26th? 22 COMMISSIONER LETZ: May 26th. 23 MS. BOLIN: That's a holiday. 24 MS. HARGIS: 25th is a holiday. 26th is -- 25 (Low-voice discussion off the record.) 5-12-14 92 1 MS. HARGIS: It's supposed to be 27th. I thought 2 we changed that, but maybe we didn't. It's the 27th. 3 COMMISSIONER LETZ: 27th? 4 MS. BOLIN: Okay. One other thing is also, 5 election day for the runoff. 6 COMMISSIONER BALDWIN: The 27th? 7 MS. BOLIN: Yes, sir. 8 COMMISSIONER REEVES: So we probably don't need 9 Election Services at 1 o'clock, then. 10 SHERIFF HIERHOLZER: Is there any way -- 11 COMMISSIONER BALDWIN: That's it right there. 12 SHERIFF HIERHOLZER: Is there any way that some of 13 the other department heads/elected officials could also see 14 this proposed schedule so that we can advise you whether that 15 conflicts with us? 16 COMMISSIONER LETZ: That's confidential. 17 COMMISSIONER BALDWIN: Absolutely not. 18 SHERIFF HIERHOLZER: Thank you. 19 MS. BOLIN: I agree with Rusty. 20 MS. GRINSTEAD: It's on the internet now. It's 21 part of their backup, so it's on the internet. 22 SHERIFF HIERHOLZER: Their backup. 23 COMMISSIONER BALDWIN: Let's cut both of those 24 budgets. Talk to us like that. 25 SHERIFF HIERHOLZER: You need more people to look 5-12-14 93 1 at that backup on the internet, Buster. 2 COMMISSIONER LETZ: So we need to -- by the 26th, 3 we need to obviously -- or 27th, we need to modify -- 4 MS. HARGIS: We can change that one when we take 5 the Elections off of that one, and the Tax Assessor's off of 6 that one. We took it off to give them more time, because she 7 has those requests, and so we took it off. The first -- the 8 first calendar we put together is the simplest departments 9 that haven't requested anything -- any changes. They're 10 fairly similar to what they've been in the past. 11 COMMISSIONER LETZ: Yeah. 12 MS. HARGIS: And that's the way the Judge always 13 did it, so that's just the way we did it. 14 COMMISSIONER LETZ: There's no way we can get 15 through all that on the 27th. You have both -- you have the 16 courthouse and related buildings, jail maintenance, general 17 maintenance, Hill Country Youth Event Center -- 18 MS. HARGIS: Those are all under Tim. All under 19 Tim. That's the reason -- 20 COMMISSIONER LETZ: I know these are, but you have 21 county jail. These are all maintenance? This isn't the 22 county jail; this is just -- 23 MS. HARGIS: That's just maintenance. The jail is 24 -- the jail and the Sheriff are on a totally different day. 25 COMMISSIONER LETZ: Okay. I was just concerned -- 5-12-14 94 1 these are all Maintenance Department? 2 MS. HARGIS: All just Maintenance Department. And 3 those are your District Judges. Your departments -- you 4 know, some of these departments are -- are our administrative 5 departments that you won't have anybody even present. 6 COMMISSIONER LETZ: So we have -- on the 27th, we 7 have J.P.'s, constables, and maintenance. 8 MS. HARGIS: Mm-hmm. 9 COMMISSIONER LETZ: Okay. 10 JUDGE POLLARD: All right. Do we need a motion to 11 approve the schedule, as amended? 12 COMMISSIONER LETZ: I believe so. I'll make such a 13 motion, Judge. 14 JUDGE POLLARD: Okay. Is there a second? 15 COMMISSIONER REEVES: I second. 16 JUDGE POLLARD: Any further discussion? Those in 17 favor of the motion, signify by raising your right hand. 18 (The motion carried by unanimous vote, 3-0.) 19 JUDGE POLLARD: It's unanimous, 3-0. 20 COMMISSIONER LETZ: We may change the schedule, but 21 we've got one. 22 MR. BOLLIER: You have May 27th, right? 23 MS. HARGIS: As I said, it's up to y'all. We just 24 don't know how fast it's going to go. It's our first time to 25 do it this way. 5-12-14 95 1 JUDGE POLLARD: All right. 1.17; discuss interest 2 in Kerr County filing resolution regarding proposed rule 3 changes by E.P.A. concerning the Clean Air Act. Commissioner 4 Letz. 5 COMMISSIONER LETZ: Water Act. 6 JUDGE POLLARD: Clean Water Act. 7 COMMISSIONER LETZ: I put this on the agenda mainly 8 because -- I've known about this for a while. There's a 9 bunch of rules pending before the E.P.A. that will greatly 10 expand their jurisdiction of water across the nation. I 11 didn't really think it was that much of a county issue until 12 I was reading a -- something from TAC that NACO, which we're 13 not a member of -- but National Association of Counties is 14 very concerned about the county impact to this, because it 15 will impact, they feel, all drainages we have, any drainage 16 work we do, and possibly other -- you know, because basically 17 under the rule changes, if there is water running in -- as I 18 understand it, if there is water running after a heavy rain 19 for up to two hours, that comes under federal jurisdiction. 20 So, basically, a bar ditch that has water in it for two hours 21 after a heavy rain, that will become potentially water that 22 is then controlled by the federal government. There are some 23 exemptions. I don't know that county -- local governments 24 are one of those. I know that agriculture has an exemption, 25 and there's another one, but even those are questionable. 5-12-14 96 1 But I didn't want to go into a whole lot of time and research 2 if -- if the Court didn't really want to get involved. But 3 if they would like me to, I'll try to figure out the impact 4 to local government, and probably working with the -- 5 JUDGE POLLARD: I'd like to get involved. I'm 6 tired of this federal intervention in all our local stuff. 7 COMMISSIONER LETZ: Yeah, and that's my view. So, 8 I'll take that as a -- write a resolution. 9 COMMISSIONER REEVES: I feel the same way. 10 COMMISSIONER BALDWIN: Is this a TAC -- is that -- 11 COMMISSIONER LETZ: NACO was -- you know, we get 12 these newsletters from TAC. 13 COMMISSIONER BALDWIN: I don't care anything about 14 NACO. 15 COMMISSIONER LETZ: But it came -- TAC sent it to 16 us. I'll probably get the County Attorney, and maybe Charlie 17 or someone to talk to TAC and say, "Hey, do y'all have a form 18 resolution we can go off of?" 19 COMMISSIONER BALDWIN: Yeah. Or, "Can you send 20 somebody down here to tell us what it's all about?" 21 JUDGE POLLARD: Are we going to contact our 22 congressman to see what we can do about stopping this? 23 COMMISSIONER LETZ: Right. And in the past, we 24 would send this to both our senators, our congressman, and 25 several other representatives, both statewide and -- you 5-12-14 97 1 know. 2 JUDGE POLLARD: Get out of our business. 3 COMMISSIONER LETZ: Yeah. Okay, I'll -- 4 COMMISSIONER BALDWIN: Can we invite TAC down here 5 to make a presentation? 6 JUDGE POLLARD: That's a good idea. 7 COMMISSIONER LETZ: Sure, if he -- yeah. 8 COMMISSIONER BALDWIN: I think that would be wise, 9 so we can be -- we'll know exactly about all the dots here 10 and there. 11 COMMISSIONER LETZ: Okay. 12 JUDGE POLLARD: Do we need anything formal on that? 13 COMMISSIONER LETZ: No. 14 JUDGE POLLARD: Okay. Let's move on to 1.18; an 15 update on Hill Country Youth Event Center construction. 16 Commissioner Letz. Boy, you've been talking a lot today. 17 COMMISSIONER LETZ: I'm sorry. Somewhere, I sent 18 out -- I put in everyone's box -- or Jody put in everyone's 19 box a list of items at Hill Country Youth Event Center that I 20 had asked Peter Lewis and also Steve Huser to come up with a 21 price list on items that are cosmetic items that we could 22 delete if we so choose, to help try to reduce the cost. The 23 main changes that he's -- I'll read them. Delete LED 24 lighting; replace with conventional lighting. Delete 25 automatic flush toilets; replace with standard flush toilets. 5-12-14 98 1 Delete connection to rainwater collection system. Modify 2 plumbing to not use rainwater for plumbing fixtures. Modify 3 H.V.A.C. system to delete dehumidifiers. Delete all carpet; 4 replace with finished concrete floors. Delete CMU block from 5 outside exterior and finish to the ground with sheet metal. 6 Do not finish out entry vestibule; complete structure, but no 7 finish out and leave open air. 9, delete partition wall from 8 classroom. 10, delete signage package; signage to be 9 provided by County. 11 is delete tile at restroom; floors to 10 be sealed concrete and walls to be epoxy paint on green 11 board. And then 12 is delete pendant fixtures in the Event 12 Hall, Type G. Those are essentially large light fixtures 13 that would be in the open area. There's six of them in the 14 event hall. Anyway, tried to price these. 15 Now, you'll note that at our last meeting, we 16 talked about possibly changing the finish-out of the event 17 hall area substantially, or changing it -- not a substantial 18 change in the project, but substantial change to that look, 19 and that has been taken off the table. There's concerns both 20 from the County Attorney and the attorney for the contractor 21 that that's a -- could be construed as possibly a substantial 22 change, and it was a gray area. And there was -- you know, 23 we just don't want to go there. They don't want to go there; 24 we don't want to go there. So, these are all -- I think 25 everyone's agreed somewhat that they're minor finishing-type 5-12-14 99 1 issues. And Steve Huser or Huser Construction will be 2 getting back to us shortly on this list. 3 There are some other areas that we're also visiting 4 with them about. It's some minor changes, possibly. I 5 haven't visited with the County Attorney on those, but, you 6 know, possibly reducing the retainage from 10 percent to 5 7 percent, things of that nature. All those are costs that are 8 built in by the contractor, and we can reduce those a little 9 bit, or change it to substantial completion instead of 10 completion by January 1st. And we're just trying to find out 11 if there's a savings to us by making some changes like that. 12 All these will be brought back to the Court, hopefully, 13 certainly by our next meeting, and I anticipate we'll call a 14 special meeting or asking the Judge to do it so we can get 15 this going. Time is important, mainly because of the 16 availability, getting this ordered, and they can't start any 17 work until we get a contract. 18 SHERIFF HIERHOLZER: I think your next court 19 meeting is actually June 2nd, isn't it? Isn't it, because of 20 the holiday? 21 COMMISSIONER LETZ: I think we may do a special 22 one. 23 SHERIFF HIERHOLZER: The one thing about that, just 24 F.Y.I. for you, that is also the same day you will open the 25 bids on the communications system, so you'll have all that 5-12-14 100 1 information at one time then. 2 COMMISSIONER REEVES: We don't meet again till June 3 2nd? 4 MS. HARGIS: We have one at the end. We have one 5 on the 27th. You have to have a meeting on the 27th. 6 SHERIFF HIERHOLZER: I thought that was the 7 holiday. 8 MS. HARGIS: No. You still have to have a 9 Commissioners Court. 10 COMMISSIONER LETZ: We meet then. But anyway, if 11 you look at the top part of the handout, the base bid was 12 3,298,000. The money that was allocated in the bond issue 13 was 3,050,000, so we're basically 250,000 shy from the total, 14 without -- if we reallocate funds that were planned for other 15 projects, we could do that, but I do want to also read into 16 the record a letter that I received from the Hill Country 17 Junior Livestock Show Association. Last meeting, Mr. Bauer 18 made the comment that there was -- they had another $250,000 19 that they wore working on getting, and I think this shows a 20 little bit more of a commitment, and with this money, that 21 gives us the amount to do the full project as-is. But I 22 still think we should probably look for other sources to 23 reduce it some. 24 I'll read it. It's dated May 12, 2014. "Honorable 25 Kerr County Commissioners Court: The Hill Country District 5-12-14 101 1 Junior Livestock Show Association has secured the remaining 2 balance of $250,000 for its obligation toward building the 3 new Hill Country Youth Exhibition Center. That portion of 4 the 250,000 not covered by future grants and donations is 5 secured. These funds will be available on or after October 6 1st, 2014, upon the request of Kerr County Commissioners 7 Court." So, to me, you know, we could -- I take this as a -- 8 I mean, I trust them. I think this is a firm commitment by 9 them. We could go into our reserves, allocate $250,000, and 10 then pay ourselves back, and that gives us the ability to do 11 the project as originally proposed without having to cut 12 anything. But it will not allow any funding for upgrades at 13 the arena. For that reason, I still would like to try to 14 look at cutting some of these items, and try to trim some 15 additional funds. Mr. Baldwin? 16 COMMISSIONER BALDWIN: Well, first of all, the 17 Stock Show coming forward, that's considered having a little 18 skin in the game. They've stepped up and fulfilled their 19 commitment to this -- not only this Court, but this 20 community, and I appreciate that, and never doubted one 21 minute that they wouldn't. That's the kind of people they 22 are. I'm a little concerned about cutting if we don't have 23 to cut things, because I really like everything that you've 24 cut out of there. I really like all of that stuff, and I 25 don't know that it would ever get back to it, to replace it. 5-12-14 102 1 How much is -- how much were we going to spend on the arena? 2 COMMISSIONER LETZ: We've had estimates as high as 3 700,000. I think we had 450,000 actually in the bond issue 4 for it. And I think -- you know, I've talked with Tim about 5 this some, and also some of the Stock Show folks about it. 6 You know, I think we need to relook at the arena as to -- 7 really, we haven't done that in years, as to exactly what 8 needs to be done. You know, that study, the 700,000 came 9 before we had the new show barn, before we were going to have 10 this new facility. I think that changes the -- the need or 11 the uses of an indoor arena. Does it really need to be 12 insulated that much? I mean, it's got -- that stuff -- the 13 stuff that's in there definitely needs to come down, 'cause 14 it's falling down as it is, but how much -- you know, what 15 are the options there? The things that I -- you know, the 16 roof doesn't leak that bad. I mean, it's got a few leaks in 17 it possibly, and they're probably -- 18 COMMISSIONER BALDWIN: Couldn't build an airplane 19 in there now. 20 COMMISSIONER LETZ: I don't know. Compared to -- 21 they're building in worse than that. But, you know, I think 22 we need to look at the roof as to just how big the problem is 23 there. The thing that, in my mind, needs to be really looked 24 at probably the most is the electrical, because that's a 25 safety concern, and that electrical was put in by volunteers. 5-12-14 103 1 And I think that -- I think we are -- it's important that we 2 make sure that that system is basically up to code. 3 COMMISSIONER BALDWIN: And the -- wait, let me 4 finish this real quick. I just have a real quick question. 5 MR. BOLLIER: Well, hurry up, please. 6 COMMISSIONER BALDWIN: Okay. The -- it all started 7 back when I was a kid... (Laughter.) 8 MR. BOLLIER: Long time ago. 9 COMMISSIONER BALDWIN: The indoor arena is 10 important because of inclement weather? Is that the only -- 11 is that the only reason that it's so important? 12 COMMISSIONER REEVES: No, sir. 13 COMMISSIONER BALDWIN: Okay. There's other things, 14 so it is an important -- 15 COMMISSIONER REEVES: It's absolutely important, 16 whether it's the month of January or for any events that 17 can't be staged in an outdoor venue; i.e. implement shows, 18 National Livestock Breeding Associations, which we've had 19 them here before, "we" being Kerr County. National 20 Rambouillet Association has been here, but wouldn't come back 21 until there were new pens brought together, and Mr. Bauer can 22 correct me if my facts are wrong. 23 MR. BAUER: You're correct. 24 COMMISSIONER REEVES: But they need a facility such 25 as the indoor arena because of the size. They basically need 5-12-14 104 1 both -- both facilities. So, it's not just for inclement 2 weather. 3 COMMISSIONER BALDWIN: Yeah. 4 COMMISSIONER REEVES: But other events as well that 5 would need something inside, regardless of the weather, just 6 because of what they are. Implement shows, livestock shows, 7 national shows. Now, we used to have the Brangus -- National 8 Brangus Association here; Judge Pollard would remember that. 9 Ran out of room, once again; did not have the facilities. 10 So, there's plenty of need, and I think Steve can address it 11 as much as any Commissioner. 12 JUDGE POLLARD: That's why the Brangus people moved 13 to Austin, is the facility just wasn't adequate. 14 COMMISSIONER BALDWIN: Probably the same -- I 15 remember the Cutters used to be here too, and that was a 16 high-dollar deal. I just -- and I -- fine. I mean, I'm not 17 going to argue with it at all. I just wanted to add to that. 18 I was at a function the other day last week over in Leakey, 19 and my wife and I were driving down the road, and there's 20 this covered outdoor arena. And she even said, "Oh my god, 21 look at that." You know, that is a -- that's a neat facility 22 to have right there. And in my mind too, of course, I'm 23 trying to figure out how can we put a roof on that outdoor 24 facility, because it -- I can see that thing being used more 25 than anything we have. I really and truly do. I think that 5-12-14 105 1 outdoor arena can just blow the top off that facility out 2 there. But that's all. I just wanted to discuss it and 3 see -- see just how important the indoor arena was. 4 JUDGE POLLARD: Back to where we are on this, where 5 does that leave us, Jonathan? 6 COMMISSIONER LETZ: It leaves us, really, right 7 now, that nothing's changed. I think the Stock Show 8 commitment gives us the ability to not have to take anything 9 off the list, but I think that there's -- we still need -- 10 JUDGE POLLARD: Score all of these right here. 11 COMMISSIONER LETZ: Right. I mean, we can leave 12 all those in with their $250,000. 13 JUDGE POLLARD: But not these up here. 14 COMMISSIONER LETZ: Not those -- not the 15 alternates. But I think that we need to look at all of this 16 at one time, and when Huser has his numbers as to what these 17 differences are. There's some things in there like the 18 dehumidifier, the air-conditioner. Huser's pretty confident 19 that that's -- we can get rid of that, and so is Peter Lewis, 20 and not have a -- I mean, it would be probably nice, but is 21 it really necessary? Get rid of a little bit of humidity. 22 The pendant fixtures, you know, they're not -- I mean, what's 23 envisioned there -- and I'm not real sure. I know the cost 24 of them. 25 JUDGE POLLARD: What is a pendant? 5-12-14 106 1 COMMISSIONER LETZ: A pendant fixture is like a 2 giant light fixture, and those are about probably -- there's 3 six of them, and they hang down there in the event hall. The 4 large size has four of them, and the smaller size has two of 5 them. And they're not chandeliers, like crystal-looking 6 things, but -- big things like you see in a ballroom, but 7 plainer. 8 JUDGE POLLARD: Kind of like a hood. 9 COMMISSIONER LETZ: But those things are about 10 3,000 a piece. That's $18,000 right there. And is that -- 11 you know, is that worth 18,000 to have that? A lot of the 12 little things like the flush toilets and some of that -- 13 COMMISSIONER BALDWIN: And that -- that's all 14 cosmetic. That's not -- 15 COMMISSIONER LETZ: It's all cosmetic. 16 COMMISSIONER BALDWIN: It's not functional. 17 COMMISSIONER LETZ: No. But that's why I think we 18 need to look at this list, and with the numbers coming in 19 where they are, I think that if we can cut some of them 20 there, and they're cosmetic things that we can do without, 21 you know, I think we should. I think the CMU block going 22 down to the ground out at the front, I think that's very 23 important. That's one of my highest priorities, 'cause it's 24 a long-term -- that metal gets dented and dinged and all 25 that, so I think it's important. We can add that back, but I 5-12-14 107 1 think we need to have the cost estimates for all these, and 2 then we can make a decision. And that's what I -- all I 3 wanted to say. No action today; just a matter of this is 4 where we're going. As soon as Huser has his numbers, we'll 5 bring it back to the Court. There'll probably be a special 6 meeting between now and the 26th. 7 COMMISSIONER BALDWIN: Okay. 8 JUDGE POLLARD: All right. Anything else on that? 9 COMMISSIONER LETZ: No. 10 JUDGE POLLARD: If not, we'll move on to 1.19; 11 consider, discuss, and take appropriate action on personnel 12 matter in I.T. Department, executive session. 13 COMMISSIONER LETZ: The next two items will be in 14 executive, Judge. 15 JUDGE POLLARD: All right. 16 COMMISSIONER LETZ: Want to -- 17 JUDGE POLLARD: Closed meeting will be to -- in 18 accordance with Sections 551.071, consultation with attorney; 19 551.072, deliberation regarding -- probably not real property 20 there. 551.073 -- no, not -- that's gifts; we won't have any 21 of those. 551.074, personnel matters; and 551.078, 551.076, 22 551.087 of Chapter 551 of the Texas Government Code. All 23 right, I'm declaring the open session recessed, and we're 24 going into closed session. We'd ask that the room be 25 vacated. 5-12-14 108 1 (The open session was closed at 11:27 a.m., and an executive session was held, the transcript of which 2 is contained in a separate document.) 3 - - - - - - - - - - 4 JUDGE POLLARD: All right, we're back into open 5 session. Do we need to discuss anything any of the items, 6 the last two items on the agenda? 7 COMMISSIONER LETZ: No, sir. 8 COMMISSIONER BALDWIN: No. 9 JUDGE POLLARD: No. All right. Then I'll 10 entertain -- any other comments from anybody? Department 11 heads? Anybody? 12 MR. TROLINGER: As far as reports? 13 JUDGE POLLARD: Yes. 14 SHERIFF HIERHOLZER: Yes. Just to let you be 15 aware, our jail population this morning was 160. 16 COMMISSIONER BALDWIN: Uh-oh. 17 SHERIFF HIERHOLZER: I only have 32 female beds, 18 period, and I had 32 females this morning. We're still way 19 out of compliance on some of these overcrowding issues, 20 gentlemen. I'm trying, but I don't know what else to do. 21 COMMISSIONER LETZ: You always want to come in with 22 bad news. 23 SHERIFF HIERHOLZER: Hey, I get it too, so you 24 might as well join me. 25 JUDGE POLLARD: All right. 5-12-14 109 1 COMMISSIONER BALDWIN: 160. Tell me again, 2 Rusty -- tell me again what -- what is the number? Not 192, 3 but the -- 160, isn't it? 4 SHERIFF HIERHOLZER: The beds -- we have a total of 5 192 beds. Now, you shouldn't -- just as a rule of thumb, to 6 be able to classify -- and we can stretch it, just depending 7 on that day's population, but normally -- generally it's 80 8 percent, okay? Which in our case would be 153. 9 COMMISSIONER BALDWIN: 153. 10 SHERIFF HIERHOLZER: We have 160, but you really 11 have to break that down, at least between males and females, 12 and 80 percent of what you have for male beds and 80 percent 13 of what you have for female beds, okay? Our females is even 14 a worse situation, because we only have four cells that 15 females go in, all right? So when you're trying to -- 16 COMMISSIONER BALDWIN: Four? 17 SHERIFF HIERHOLZER: Yeah, four. Four cells, okay? 18 Which is 32 beds; there's eight in each cell. And when 19 you're trying to classify out maximum security, minimum 20 security, medium security, people that don't get along, 21 period, okay? You know, gangbangers or whatever, that 22 can't -- you can't do that when your population fills every 23 single bed. It's an impossibility. And that's why you're 24 required -- 25 COMMISSIONER BALDWIN: Yeah. 5-12-14 110 1 SHERIFF HIERHOLZER: -- to be able to have leeway, 2 and we don't have it in females. And if I use up -- like we 3 did last year, we were able to take away, 'cause I -- to 4 expand the females in-house without doing anything, okay, I 5 have to give up 16 male beds. Then I can add 16 more females 6 and be able to classify. And that's just a temporary thing 7 we do when we really hit overcrowding. But my problem right 8 now is my male population is high enough that if I take away 9 16 male beds, then I've really hurt that on being able to 10 separate out and keep these people separated and how we're 11 doing those. So, we're kind of, you know, getting to the 12 point to where I can't fudge a whole lot on trying to keep 13 this thing in compliance if our populations stay like they 14 are. 15 COMMISSIONER BALDWIN: And the State, when they get 16 their numbers reports from you, they rock along and don't pay 17 much attention to it for a while. 18 SHERIFF HIERHOLZER: And then all of a sudden, when 19 they show up unexpectedly for an inspection, -- 20 COMMISSIONER BALDWIN: Not funny. 21 SHERIFF HIERHOLZER: -- then it's not funny; you're 22 right. 23 COMMISSIONER BALDWIN: And that will eventually 24 happen, if we -- something doesn't change here. 25 SHERIFF HIERHOLZER: Right. Now, I'll be honest. 5-12-14 111 1 You know, Fredericksburg -- hopefully their jail will open in 2 November, December, January, somewhere around there, okay? 3 It's only a 96-bed jail; it's not going to be a very large 4 jail, but hopefully we will, if we have to, be able to house 5 some over there. The only issue you have with that, which is 6 something I've always been totally against, is when you house 7 out of county, you have no control over how that jail treats 8 or does that, but yet you and me are tee-totally liable for 9 anything that happens to that inmate out of county. 10 JUDGE POLLARD: Do you have any idea what that's 11 going to cost to house them over there? 12 SHERIFF HIERHOLZER: Last I looked, it was about 13 $50 a day per inmate, is what a lot of the jails are -- are 14 charging. 15 COMMISSIONER BALDWIN: What's Bandera charge? 16 SHERIFF HIERHOLZER: A lot of -- I think Bandera is 17 50 right now. We do not have a housing contract with them, 18 and there are some issues there where I would -- 19 COMMISSIONER BALDWIN: What do we charge? 20 SHERIFF HIERHOLZER: We don't charge, because we're 21 not housing out-of-county. 22 COMMISSIONER BALDWIN: But if we did? 23 SHERIFF HIERHOLZER: If we did, I think our rate 24 is -- most contracts are still at 45. 25 COMMISSIONER BALDWIN: Yeah, I do too. 5-12-14 112 1 SHERIFF HIERHOLZER: Is what we were. But there 2 are some issues with some of the jails where I would just 3 flat tell you gentlemen, I -- I don't want to house there, 4 period. Too much liability. One thing that can get a jail 5 in more trouble than anything else is -- is taking in inmates 6 from out of county, okay, and charging them -- making money 7 off that when it puts you out of compliance because it puts 8 you over too many inmates, and they're intentionally just 9 bringing in inmates to make money, and I won't get involved 10 in a jail that does that. 11 JUDGE POLLARD: Thank you, Rusty. Anybody else? 12 Anybody else have any reports? Department heads or 13 otherwise? 14 MS. HARGIS: I have the bills. 15 COMMISSIONER LETZ: Yes, we haven't gotten to bills 16 yet. 17 MS. HARGIS: Okay. 18 JUDGE POLLARD: All right. Let's go down to 4.1, 19 paying the bills. 20 COMMISSIONER LETZ: I move we pay the bills, Judge. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE POLLARD: Being moved -- 23 COMMISSIONER BALDWIN: Did you want to second that? 24 COMMISSIONER REEVES: No, you can this time. 25 COMMISSIONER BALDWIN: Okay, thank you. 5-12-14 113 1 JUDGE POLLARD: It's been moved and seconded that 2 we pay the bills as indicated. Those in favor, raise your 3 right hand. 4 (The motion carried by unanimous vote, 3-0.) 5 JUDGE POLLARD: Unanimous, 3-0. 4.2, budget 6 amendments. County Auditor. 7 MS. HARGIS: Yes, sir. We have a whole lot of 8 budget amendments, predominantly moving more of the group 9 insurance line items in compliance with -- with the number of 10 people. What we've found is that if we have a small 11 department, and two or more employees -- for instance, in my 12 department, I have two employees, one with -- well, actually 13 just one with family. And even though the rest of us are 14 just Kerr County, it takes $8,000 more of Kerr County money 15 per every employee that does the family, so that puts you -- 16 that puts you, you know, out of compliance. So, we have 17 fixed all of those budgets for this year. We have more than 18 enough group insurance in all the line items, but in the 19 small departments, the -- the allocation is not sufficient, 20 so that's the main one -- the bulk of them. The Page 1 21 through 9 are the departments moving to be in compliance. 22 The County Attorney, you already approved hers; that's the 23 money, moving that. 24 COMMISSIONER BALDWIN: Now, I had -- I was going to 25 ask that question, but look at me when I'm talking to you. 5-12-14 114 1 MS. HARGIS: Yes, sir. 2 COMMISSIONER BALDWIN: The -- have we already paid 3 this? I mean, have we -- we've already -- I thought we've 4 already taken care of everything. Why is it on this piece of 5 paper? 6 MS. HARGIS: We had approved the amendment -- the 7 budget amendment. 8 COMMISSIONER BALDWIN: But we haven't actually -- 9 MS. HARGIS: Yeah. 10 COMMISSIONER BALDWIN: Who approved the amendment? 11 MS. HARGIS: We approved the -- you approved her 12 doing it, yes, sir, and then we have to have a budget 13 amendment. 14 COMMISSIONER BALDWIN: Actually moving the money 15 now? I just thought that we'd already done that. Okay. 16 JUDGE POLLARD: Now we're making it legal. 17 MS. HARGIS: Yeah. We have to have that for the 18 auditors. 19 COMMISSIONER BALDWIN: Okey-dokey. 20 MS. HARGIS: The -- Animal Control is on the last 21 page. We borrowed some of the Sheriff's money. 22 SHERIFF HIERHOLZER: Ahem. 23 MS. HARGIS: I know. 24 COMMISSIONER BALDWIN: That's all right; don't feel 25 guilty about that. 5-12-14 115 1 MS. HARGIS: There will be more in that department, 2 unfortunately. This is just one of those mandates I talked 3 about earlier. He's probably about 40,000 -- $40,000 to 4 $60,000, not making it through the end of the year. 5 SHERIFF HIERHOLZER: Don't get that from me. 6 COMMISSIONER BALDWIN: What's the issue with the 7 group insurance? 8 SHERIFF HIERHOLZER: With the group insurance, 9 there's really not an issue, except when we budget, we budget 10 $7,860 per individual that's in that department, and because 11 one of those employees chose to be a family, then the 12 additional cost to that budget line item makes it go over. 13 And so the larger departments have more money than they need, 14 so we just moved it around a little bit. It's -- the smaller 15 departments just don't have that extra $8,000. You know, if 16 I only had employees in my department that had -- you know, 17 didn't buy any other packages -- I'm an individual one, 18 and -- and James and Joy, but then I have one that is on a 19 family plan, and that's an additional $8,000. There's not 20 $8,000 between us after we pay the costs. 21 COMMISSIONER BALDWIN: We didn't know that they had 22 a family when we set the budget this last year? 23 MS. HARGIS: We don't know until after open 24 enrollment, and so we set the budget, and then after that -- 25 COMMISSIONER REEVES: Now, they're really deducting 5-12-14 116 1 that from the paycheck, correct? 2 MS. HARGIS: Right now, they -- everybody pays a 3 certain level based on the premium. For instance, if it's -- 4 we pay 100 percent of all employees. 5 COMMISSIONER REEVES: I understand that, but you're 6 talking about a family. 7 MS. HARGIS: A family one costs the County -- after 8 the individual pays 450, there's an additional $8,000 cost to 9 the County. 10 COMMISSIONER REEVES: To carry that family per 11 year? 12 MS. HARGIS: Per year. 13 COMMISSIONER LETZ: So we subsidize it $8,000. 14 MS. HARGIS: Right. So when -- when the payroll 15 checks are issued, they automatically hit that line item of 16 cost, and -- and the small departments -- like, if you had 17 two employees and they both had family, you can see that it 18 wouldn't cover. And that's really what we're doing. We're 19 just -- $7,860 for just an employee. 20 COMMISSIONER REEVES: I understand that. 21 MS. HARGIS: The employee's cost is $500. 22 COMMISSIONER REEVES: Okay. 23 MS. HARGIS: So if you have two employees that are 24 both taking family, you don't have -- 25 COMMISSIONER REEVES: So, like Jonathan says, 5-12-14 117 1 we're -- even though they're having some withheld from their 2 checks, there's still a cost to the County? 3 MS. HARGIS: Right. 4 COMMISSIONER REEVES: Okay. 5 MS. HARGIS: Right. Right. And we budget enough 6 totally to take care of it. For instance, in Rusty's 7 department, he has -- one of his departments has 50,000 8 extra, so we just moved some money from that line item. But 9 we don't want the -- each department to be out of budget when 10 we're printing our books, so that's what we're doing, is just 11 a fix. We have enough group insurance money budgeted 12 throughout the entire county. It's just that some of the 13 departments are a little short, so we're moving from 14 department to department. I know that's a little confusing, 15 but we are going to have to talk about this when we do go 16 into budget. That's something to think about. 17 COMMISSIONER BALDWIN: And there's -- I understand 18 there's probably going to be an increase in our insurance. 19 MS. HARGIS: They gave us the same kind of 20 percentage last year. 21 COMMISSIONER BALDWIN: We can't talk about that in 22 here because it's not an agenda item. 23 COMMISSIONER LETZ: But if it were... 24 COMMISSIONER BALDWIN: But if it were an agenda 25 item -- (Laughter.) We really have to watch out for that, 5-12-14 118 1 'cause I understand it's at least a 10 percent increase this 2 time. 3 MS. HARGIS: They told us that last year, and they 4 came back with six. So, I would rather wait until they came 5 back. I'm going to change the agendas just -- and remove 6 those two from the budget calendar; is that correct? And 7 then -- then I would propose that we have a June the 2nd 8 possible one, and that after we've had the second hearing, 9 that we change the agendas as we kind of go along, if that's 10 okay. 11 COMMISSIONER LETZ: We can look -- we'll look at 12 our calendar at each budget workshop. The first one's on the 13 27th -- or the 19th. What's on the 19th? 14 MS. HARGIS: Yeah, that's next Monday. 15 COMMISSIONER LETZ: Oh. 16 MS. HARGIS: Sorry, we've got to get started. 17 COMMISSIONER LETZ: Okay. 18 JUDGE POLLARD: We have Mondays. 19 COMMISSIONER LETZ: Mondays are done for the 20 summer. 21 COMMISSIONER BALDWIN: What is -- tell me -- we're 22 still on the -- paying these bills here. Let me get us back 23 to where we're supposed to be here. 24 MS. STEBBINS: Thank you, Buster. 25 COMMISSIONER BALDWIN: Thank you. Wait till I ask 5-12-14 119 1 this question before you be nice. 2 JUDGE POLLARD: I think they're all budget 3 amendments. We already paid the bills. 4 COMMISSIONER BALDWIN: Yeah. Item 25, County 5 Attorney. Moving -- I've never figured out how to -- you're 6 -- are you transferring $600 from capital outlay? 7 MS. HARGIS: Yes, sir. 8 COMMISSIONER BALDWIN: 600 to dues, memberships, 9 and professional fees. Why is there -- why are those things 10 costing money in the middle of the budget year? 11 MS. STEBBINS: I can answer that. 12 COMMISSIONER BALDWIN: Is she not a certified 13 lawyer? Is she just now becoming one, or what? 14 MS. STEBBINS: We have to pay an occupation tax 15 every year. 16 COMMISSIONER BALDWIN: Occupation tax? 17 MS. STEBBINS: I think that's what it is. 18 JUDGE POLLARD: All lawyers do. 19 MS. STEBBINS: Occupation tax, and then the state 20 bar dues every year. And there are three attorneys in the 21 office, and those all just came due. 22 JUDGE POLLARD: You can understand why legal fees 23 are high. 24 COMMISSIONER LETZ: No. 25 COMMISSIONER BALDWIN: Well, but is that a 5-12-14 120 1 responsibility of the taxpayers of Kerr County, if all 2 lawyers have to do it? 3 MS. STEBBINS: I think that's generally accepted, 4 is employers pay for the employees' dues. 5 JUDGE POLLARD: Jeannie told me -- that same issue 6 came up with me, and she told me that -- that it's been 7 traditional for them to pay the bar fees. 8 COMMISSIONER BALDWIN: But if you were going to be 9 a member of the National Lawyers Association, would we pay 10 that? 11 MS. STEBBINS: Probably. 12 COMMISSIONER BALDWIN: We've got to talk about 13 this. 14 SHERIFF HIERHOLZER: I think the way we were 15 explained is that if it's required to keep your license -- 16 COMMISSIONER BALDWIN: To do your job. 17 SHERIFF HIERHOLZER: -- to do your job, then yeah, 18 your county can do it. If it is anything outside that, 19 anything extra, like an extra certification -- 20 COMMISSIONER BALDWIN: So, you got to go through 21 all of this to ask each one of them, "Is this required for 22 your job?" 23 SHERIFF HIERHOLZER: If it's a tax, I wonder why -- 24 you know, they're county employees. They wouldn't be -- 25 MS. STEBBINS: It is -- I'm sorry. 5-12-14 121 1 COMMISSIONER BALDWIN: Yeah, Rusty? 2 MS. STEBBINS: The tax and the state bar dues come 3 due at the same time, and the judges and attorneys employed 4 by state government are not required to pay that tax, which 5 is a few hundred dollars. But the state bar dues are just 6 over $200 each per attorney in the office. 7 COMMISSIONER BALDWIN: I move we pay the 8 amendments. 9 COMMISSIONER LETZ: Second. 10 COMMISSIONER BALDWIN: Budget amendments. 11 COMMISSIONER LETZ: You mean approval? 12 COMMISSIONER BALDWIN: What did I say? 13 JUDGE POLLARD: Approve the budget amendments. 14 It's been moved and seconded that we approve the budget 15 amendments. Any further discussion? I hope not. I'm 16 hungry. (Laughter.) 17 COMMISSIONER BALDWIN: I like this guy. 18 JUDGE POLLARD: Those in favor, signify by raising 19 your right hand. 20 (The motion carried by unanimous vote, 3-0.) 21 JUDGE POLLARD: 3-0, unanimous. 22 MS. HARGIS: I think, Buster, that changed from you 23 to him. It used to be him. 24 SHERIFF HIERHOLZER: Buzzie's is still closed on 25 Mondays. 5-12-14 122 1 COMMISSIONER BALDWIN: Buzzie's is still closed on 2 Mondays. 3 JUDGE POLLARD: Late bills? Any late bills? 4 COMMISSIONER LETZ: Reports. 5 MS. HARGIS: No, sir, we do not have any late 6 bills. 7 JUDGE POLLARD: Thank you. I'm sorry, what did you 8 say? 9 MS. HARGIS: No late bills. 10 JUDGE POLLARD: None, all right. We'll move on to 11 4.4, approve and accept monthly reports. I've just been 12 handed this with all these monthly reports in here. Any 13 questions? Has everybody had a chance to look at them? 14 COMMISSIONER LETZ: Generally, the former Judge 15 used to read each one so we'd have it in the record. 16 SHERIFF HIERHOLZER: From what department. 17 COMMISSIONER LETZ: Not the report, just the list. 18 JUDGE POLLARD: Just the list, all right. 19 COMMISSIONER LETZ: No, don't read the whole thing; 20 we'll be here all day. 21 SHERIFF HIERHOLZER: Approve them as presented. 22 JUDGE POLLARD: All right. We have one from the 23 Kerr County Treasurer for March 2014; one from Kerr County 24 payroll; one from J.P. Number 4; another one from 25 Environmental Health, January through March 2014; the 5-12-14 123 1 District Clerk; Constable, Precinct 1; J.P. 3; Kerr County 2 Clerk; Animal Services; Environmental Health; Constable, 3 Precinct 4. 4 COMMISSIONER LETZ: Move we accept all those 5 reports. 6 COMMISSIONER BALDWIN: As presented. 7 COMMISSIONER REEVES: Second. 8 JUDGE POLLARD: You second that? 9 COMMISSIONER REEVES: Yes, sir. 10 JUDGE POLLARD: It's been moved and seconded. 11 Those in favor of accepting them as presented, raise your 12 right hand. 13 (The motion carried by unanimous vote, 3-0.) 14 JUDGE POLLARD: It's unanimous, 3-0. I declare 15 we're recessed. 16 COMMISSIONER LETZ: Recessed or adjourned? 17 JUDGE POLLARD: Adjourned. 18 (Commissioners Court adjourned at 12:35 p.m.) 19 - - - - - - - - - - 20 21 22 23 24 25 5-12-14 124 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 16th day of May, 2014. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5-12-14