1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, June 9, 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 June 9, 2014 2 PAGE --- Visitors' input - 3 --- Commissioners' comments 5 4 1.1 Consider/discuss, take appropriate action to allow aerial utility easement over southwest corner of 5 River Star Arts & Events Park - 6 1.2 Consider/discuss, take appropriate action to accept preliminary revision of plat for Lots 8, 9 & 10 of 7 Kerrville Ranchettes; set a public hearing, Pct. 4 7 8 1.3 Consider/discuss, take appropriate action on Order Authorizing the Issuance of approximately $525,000 9 in principal amount of Kerr County, Texas Limited Tax Note, Taxable Series 2014, to finance county’s 10 portion of certain improvements at Kerrville/Kerr County Airport; securing the payment thereof by 11 authorizing the levy of an annual Ad Valorem Tax; and approving and authorizing execution of a 12 Paying Agent/Registrar Agreement, Purchase Contract and Investment Letter, and all other instruments 13 and procedures related thereto 8 14 1.4 Consider/discuss, take appropriate action to approve updated policy for Kerr County Indigent 15 Health program 21 16 1.5 Consider/discuss, take appropriate action to approve bond for Justice of the Peace, Precinct 1, 17 Mitzi French 30 18 1.20 Consider/discuss, take appropriate action to appoint Mitzi French for Justice of the Peace, 19 Precinct 1, effective June 16, 2014, to fill the unexpired term 32 20 1.21 Consider/discuss, take appropriate action to set 21 salary for Mitzi French, Justice of the Peace, Precinct 1 33 22 1.6 Consider/discuss, take appropriate action on 23 whether to transfer the Juvenile Detention Ford pickup to another department 34 24 1.7 Consider/discuss, take appropriate action 25 regarding CPS birthday Money for Kerr County children 41 3 1 I N D E X (Continued) June 9, 2014 2 PAGE 3 1.8 Consider/discuss, take appropriate action regarding contracts for Juvenile Detention Center 45 4 1.9 Consider/discuss, take appropriate action to 5 appoint Director for Juvenile Detention Center 50 6 1.10 Consider/discuss, take appropriate action to open responses to Request for Proposals for Kerr County 7 Sheriff’s Office radio system; refer for evaluation and recommendation and award as appropriate 55 8 1.11 Report from Pathways 3H on progress of their 9 action plan as previously submitted to the Court on May 27, 2014 65 10 1.12 Consider/discuss, take appropriate action on a 11 resolution regarding Pathways 3H Youth Ranch 87 12 1.13 Consider/discuss, take appropriate action to set rental rate for River Star Arts & Event Park 91 13 1.15 Consider/discuss, take appropriate action on a 14 request from Hill Country Napa Auto Care to use courthouse grounds for a blood drive 98 15 1.14 Consider/discuss, take appropriate action to 16 address possibility of prohibiting sale or use of restricted fireworks (skyrockets with sticks 17 and missiles with fins) in any portion of the unincorporated area of Kerr County pursuant to 18 Local Government Code 352.051 for July 4 holiday 104 19 1.16 Consider/discuss, take appropriate action to approve a resolution concerning proposed EPA 20 regulations regarding the Clean Water Act 107 21 1.17 Consider/discuss, take appropriate action to determine if TxDOT is responsible for maintenance 22 of the Spur 100 bridge 111 23 1.18 Consider/discuss, take appropriate action to update signatures on contingency agreement between 24 Kerrville State Hospital, Kerrville Independent School District, and Kerr County 113 25 4 1 I N D E X (Continued) June 9, 2014 2 PAGE 3 1.19 Consider/discuss, take appropriate action regarding the Sheriff’s Department radio system 4 and jail issues (Executive Session as needed) 114 5 4.1 Pay Bills 131 4.2 Budget Amendments 132 6 4.3 Late Bills 133 4.4 Approve and Accept Monthly Reports 133 7 5.1 Reports from Commissioners/Liaison Committee 8 Assignments --- 5.2 Reports from Elected Officials/Department Heads --- 9 --- Adjourned 134 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, June 9, 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: Okay, it's 9 a.m. Commissioners 8 Court is in session. Let us pray. 9 (Prayer and pledge of allegiance.) 10 JUDGE POLLARD: All right. The first thing on the 11 agenda is the visitors' input. This is the part where 12 anybody that wants to speak to the Commissioners Court or 13 have -- have the microphone, we'd ask you to step forward to 14 the podium and tell us what you want. Is there anyone? All 15 right. There being none, we'll go to the Commissioners' 16 comments. We'll start with number one. 17 COMMISSIONER BALDWIN: Sir, I don't have any 18 comments. Thank you very much for asking. 19 COMMISSIONER MOSER: Nothing, thank you. 20 JUDGE POLLARD: I have none. 21 COMMISSIONER LETZ: Nothing, sir. Hope we get rain 22 today. 23 JUDGE POLLARD: It's supposed to rain this 24 afternoon. I put out some Bermuda seed; I hope it does too. 25 I'm betting on it. No comments, Bob? 6-9-14 6 1 COMMISSIONER REEVES: Just one. I had a good visit 2 with Constable Ayala on Saturday, and let's just remember to 3 keep him in our prayers a while. He's still in the hospital. 4 He's at Kindred Hospital now, and would love to see some more 5 visitors. He was sitting up visiting, and so let's keep him 6 in our prayers. 7 JUDGE POLLARD: He's rallied some, I understand. 8 Bill Ray called me and said that he was real surprised, that 9 Ayala called him on the phone and talked to him. And so he 10 is doing a lot better than he was. 11 COMMISSIONER REEVES: Yeah. 12 JUDGE POLLARD: That's real good news. 13 COMMISSIONER BALDWIN: Judge, can we get a report 14 on -- when is the steak dinner? 15 COMMISSIONER REEVES: Divide steak dinner. Thank 16 you, I almost forgot about that. Saturday, 5 o'clock, Divide 17 Fire Station out off Highway 41. And if you've never been, 18 you're missing a good meal, and good cause. 19 COMMISSIONER MOSER: What time? 20 COMMISSIONER REEVES: 5 o'clock. 21 COMMISSIONER MOSER: 5 o'clock. 22 JUDGE POLLARD: Okay. Let's go to Item 1.1; 23 consider, discuss, and take appropriate action to allow an 24 aerial utility easement approximately 25 feet over the 25 southwest corner of River Star Arts and Events Park property. 6-9-14 7 1 Mr. Shotwell? 2 COMMISSIONER MOSER: Is he here? 3 COMMISSIONER BALDWIN: Good, we don't have to deal 4 with that. 5 COMMISSIONER MOSER: Guess we'll pass. 6 JUDGE POLLARD: James Shotwell? 7 (No response.) 8 JUDGE POLLARD: All right, we'll move on to Item 9 1.2; consider, discuss, and take appropriate action for the 10 Court to accept the preliminary revision of the plat for Lots 11 8, 9, and 10 in Kerrville Ranchettes, Volume 3, Page 79, and 12 set a public hearing. Mr. Odom and Charlie Hastings, please. 13 MR. HASTINGS: Thank you, sir. This is the 14 preliminary revision plat for Lots 8, 9, and 10 of the 15 Kerrville Ranchettes, Volume 3, Page 79. We'd like to set a 16 public hearing. The owner is Mr. James Rice. He'd like to 17 create a Lot 8R and Lot 9R out of those three lots, 5.01 18 acres and 10.17 acres respectively. We ask that the Court 19 would accept the preliminary revision of plats for lots -- of 20 plat for Lots 8, 9, and 10 of the Kerrville Ranchettes, 21 Volume 3, Page 79, and to set a public hearing for Monday -- 22 Monday, July 14th, 2014, at 9 a.m. in Precinct 4. 23 JUDGE POLLARD: Are there any minimum lot size 24 guidelines? Does this comply with anything like that? 25 MR. HASTINGS: Five acres would be the minimum. 6-9-14 8 1 COMMISSIONER LETZ: Looks good. 2 COMMISSIONER REEVES: I'll make a motion to that 3 effect. 4 COMMISSIONER BALDWIN: Second. 5 COMMISSIONER MOSER: Second -- two seconds. 6 JUDGE POLLARD: It's been moved and seconded to 7 accept the preliminary plat for this item. Is there any 8 further discussion? There being none, those in favor, 9 signify by raising your right hand. 10 (The motion carried by unanimous vote, 4-0.) 11 JUDGE POLLARD: It is 4-0. As soon as I can win 12 the fight with the plat, we'll move on. 1.3; consider, 13 discuss, and take appropriate action on order authorizing the 14 issuance of approximately $525,000 in principal amount of 15 Kerr County, Texas Limited Tax Note, Taxable Series 2014, to 16 finance the County's portion of certain improvements at the 17 Kerrville/Kerr County Airport, securing the payment thereof 18 by authorizing the levy of an annual ad valorem tax, and 19 approving and authorizing the execution of a Paying 20 Agent/Registrar agreement, a Purchase Contract and Investment 21 Letter, and all other instruments and procedures related 22 thereto. Mrs. Hargis? 23 MS. HARGIS: I'm going to let Mr. Henderson -- 24 JUDGE POLLARD: Okay. 25 MS. HARGIS: -- discuss that. 6-9-14 9 1 COMMISSIONER LETZ: Judge, can I make a comment 2 before we get into this? Mr. Henderson can handle certainly 3 the bulk of it. This is certainly, to make everyone aware, 4 for the roof at Mooney we're talking about. This allows us, 5 you know, to put that funding forward right now. We're not 6 sure where our reserves are going to be this year at the end 7 of the year, and this is kind of a bridge to a three-year 8 note, I believe it's going to be scheduled as, to spread it 9 out in case we need to. We can always pay it off early. 10 There would be no -- we'd have to pay the full amount if we 11 do pay it off early. But this is the way for us to finance 12 that over a short term. 13 COMMISSIONER MOSER: Are we going to talk about -- 14 Jeannie, talk about other options, too? Other than just this 15 one? Or are we going to talk about that later? This enables 16 us to do -- 17 MS. HARGIS: This is the option I was told to do. 18 It's already done. 19 COMMISSIONER MOSER: Pardon me? 20 MS. HARGIS: We've got the bids on this. 21 COMMISSIONER LETZ: This is the option that we're 22 -- I mean -- 23 COMMISSIONER MOSER: Yeah, I know, but there are 24 other options too. My question is, are we going to talk 25 about the other options for financing, like borrowing from 6-9-14 10 1 the C.O. that you mentioned one time? 2 MS. HARGIS: That's a short-term thing. We can 3 only do it for about 60 days. 4 COMMISSIONER MOSER: I know, okay -- oh, only for 5 60 days, you can borrow against the C.O.? 6 MS. HARGIS: Well, you can borrow against it until 7 the budget time, but that would be about it. 8 COMMISSIONER MOSER: Right. Until October, then. 9 That's what we talked about, perhaps borrowing against that 10 and then putting it in the budget for next year, to pay it 11 back into -- so are we going to talk about the pros and cons 12 of each one of these? 13 COMMISSIONER LETZ: I think the difference would 14 be -- we can do that, Commissioner, and pay this entire note 15 off, and we would only be out the 25,000 cost, I believe. 16 I'll let Mr. Henderson -- he can probably address that. 17 COMMISSIONER MOSER: Well, I just want to make a 18 point that -- and don't get me wrong; I'm 100 percent for us, 19 you know, doing our -- our portion of the repairing the roof 20 and the 525,000 we talked about, so clearly for that. I just 21 wanted to make sure we looked at all the financing options. 22 MS. HARGIS: Well, my concern would be on borrowing 23 from the C.O., is that the project is underway. We may not 24 have it -- that amount of money for that length of time that 25 we need it. Second of all, we don't know what the radio bids 6-9-14 11 1 are going to be. They could be greater. 2 COMMISSIONER MOSER: All I want to do is see pros 3 and cons for each option. 4 COMMISSIONER LETZ: I believe on that, I visited 5 with Mr. Spurgeon; he's not here, so I don't remember -- so I 6 don't want to play lawyer, but his comment was that the bond 7 was not -- cannot be used -- those proceeds cannot be used 8 for this type of financing -- I mean, you can't borrow the 9 money under that bond for the airport because of the -- 10 COMMISSIONER MOSER: Okay. 11 COMMISSIONER LETZ: And therefore, you can't borrow 12 against the bond for it either. 13 COMMISSIONER MOSER: Well, if it's not feasible -- 14 MR. HENDERSON: That's not an option, and I'll 15 explain why in just a moment. But like Jonathan, I'm going 16 to have a disqualifier by saying I'm not a lawyer. And the 17 bond attorney, for no -- because of our delay getting him 18 some information, he's not quite here, but he should be here 19 in five minutes. Before I start, I want to introduce Dusty 20 Traylor. I think most of the Court knows him; I'm not sure 21 the Judge has met Dusty before this morning. Dusty and I are 22 partners in the San Antonio office; we have had the honor and 23 privilege of being the financial advisers, as Buster knows, 24 to Kerr County for 25 years probably at this point. It's a 25 pleasure to be before the Court. To answer your question, 6-9-14 12 1 Mr. Moser, as Jonathan was alluding to -- 2 (Mr. Spurgeon entered the courtroom.) 3 MR. HENDERSON: And here's the bond attorney, who 4 can practice law on his own. (Laughter.) The -- the 5 certificates of obligation that were issued had a very 6 specific stated use of proceeds. 7 COMMISSIONER MOSER: Mm-hmm. 8 MR. HENDERSON: They were issued on a tax-exempt 9 basis. Because of the nature of this project being -- number 10 one, it was not listed on the use of proceeds when those 11 C.O.'s were issued. Number two, because this -- the reason 12 we're spending the money on the airport, a roof for a private 13 company that's -- that's the primary lease, it has to be done 14 on a taxable basis, so borrowing money from the certificate 15 -- unspent certificates of obligation proceeds, even for a 16 short period of time, is not a viable option -- 17 COMMISSIONER MOSER: Okay. 18 MR. HENDERSON: -- here. 19 COMMISSIONER MOSER: Okay, that answers that. Take 20 that option off the table, okay. 21 MR. HENDERSON: I'm not going to spend a lot of 22 time on this. I know that the Judge has a reputation for 23 getting things done quick, so I'm -- I want to jump in and 24 say first of all that Tom and I were visiting; he's very 25 excited about the transaction, if for no other reason than in 6-9-14 13 1 the 35 years we've both been in this business, this is 2 probably the fastest deal we've ever done. We had Jeannie 3 call us on Tuesday morning and say, "Can you get this done by 4 July 1st?" And we said yes. Dusty jumped in; we had 5 packages out Tuesday. We had bids in Friday afternoon, and 6 here we are on Monday, having it before the Court. It will 7 go to the Attorney General's office today, and we could close 8 this as early as June the 27th. The numbers have been set up 9 for a July the 1st closing. The first tab behind your 10 package is current market conditions. It just really gives 11 you an idea of where the market is at today, where it's been 12 in the recent past. The second page goes back to January '85 13 through January '14, and you can see that while we're not on 14 the low -- the lowest point of that edge, we are certainly 15 very, very close to the low. Behind Tab 2 is the actual 16 sales results. As I just indicated -- 17 COMMISSIONER MOSER: Just a second, let me catch 18 up. Finally got to your page here. So, tell me what your -- 19 your Page 3 is again? 20 MR. HENDERSON: Page 3 is the bond buyer index 21 since January of '85, and it indicates where, on a weekly 22 basis, rates have been for -- since 1985. You can see, 23 again, we're not at the lowest point; that would have 24 occurred in '13, January of '13. But here in January of '14, 25 we're very, very low. 6-9-14 14 1 COMMISSIONER MOSER: Okay. Okay. 2 MR. HENNEKE: If you go to Tab 2 -- 3 COMMISSIONER MOSER: Somewhere in the 3 percent 4 range? 5 MR. HENDERSON: Yes, but this is a -- a 20-year 6 bond buyer index, so your interest rates are going to be much 7 lower than that. 8 COMMISSIONER MOSER: Okay. All right, thank you. 9 MR. HENDERSON: As I indicated, Dusty got packages 10 out last Tuesday. We got bids by 4 o'clock last Friday. We 11 got a total of six bids. These were submitted on what we 12 call a private placement basis. A package went out to a 13 known group of buyers -- of bidders. You might also describe 14 this as a limited competitive bid. It went out to a number 15 of different prospective buyers. It's important to note 16 these are taxable, as I just alluded to, because of the use 17 of proceeds, and Mr. Spurgeon can explain that in greater 18 detail, if you'd like. The bids ranged pretty significantly. 19 You saw that the high bid was 3 percent, and then the low bid 20 from B.B. & T., which is out of North Carolina -- or South 21 Carolina? 22 MR. TRAYLOR: North. 23 MR. HENDERSON: North Carolina was 1.54 percent. 24 That's a phenomenal rate. And, again, that's a taxable rate, 25 so -- so we're very excited about that. You also noticed on 6-9-14 15 1 the bidder-specific costs that there are none. They did not 2 include any borrower's counsel, nor did they request any 3 up-front paying agent/registrar fees, so when you go up to 4 the top table, you -- you look at what the use of proceeds 5 are. We are issuing $525,000 in notes. There will be a 6 project deposit of $500,000 to pay the county share of that 7 project. Cost of issuance is 21,000; that's as opposed to 8 the initially stated 25,000, and that $4,000 difference will 9 be delivered to the County for deposit to its interest and 10 sinking fund to make that first payment. I spoke fast 11 because that's your reputation, Judge. I'm happy to -- I'm 12 happy to answer any questions that you might have. 13 JUDGE POLLARD: Well, I'm glad I've got that 14 reputation. (Laughter.) I want to perpetuate it. All 15 right. Any questions anybody have? 16 COMMISSIONER MOSER: Let's see. In general, then, 17 it's -- if we were to say -- this sounds good, okay? I mean, 18 interest rate sounds really good; sounds like we get across 19 the goal line with our commitment. If we -- Jeannie, if we 20 said we wanted to just take it out of reserve rather than do 21 this, tell me about what that means to us, like right now, 22 what our reserve is as we see it, and what that would mean in 23 the future as far as interest rates and things like that if 24 we were to drop below 25 percent. 25 MS. HARGIS: We're currently at about 25 and a half 6-9-14 16 1 percent. And with the current budget that we have, and 2 adding the 500,000, we would be at 14 percent. 3 COMMISSIONER MOSER: And what does that mean to us? 4 That means -- 25 percent is a guideline. Help me understand. 5 MR. HENDERSON: The County enjoys a very strong 6 municipal bond rating, and those ratings are -- are a 7 function of a variety of things; your tax base, your tax 8 collection ratios, your general management policies and 9 practices, and, of course, financials. One of the key 10 components when they examine your financials are fund 11 balances, the ability to -- to weather unforeseen expenses, 12 if there's a storm, if there's a murder trial, if something 13 unexpected comes up. Part of the -- I hesitate to use the 14 word "requirement." Certainly, one of the key considerations 15 is that fund balance, and a key threshold level is 25 16 percent. 17 COMMISSIONER MOSER: So that is a very specific 18 number that they use for guidance. They -- it's not a go/no 19 go, but it's just the weighting -- I mean, a consideration. 20 MR. HENDERSON: Well, it's a key variable. It's a 21 key factor among several key factors. If you drop below that 22 on a stand-alone basis, is your bond rating going to fall? 23 Not necessarily. Depends on how far below that you get. 24 COMMISSIONER MOSER: Mm-hmm. 25 MR. HENDERSON: You can make up for a weakness in 6-9-14 17 1 fund balance by strengths in other areas of your finances. 2 But as a rule, we would recommend that county governments in 3 particular try to maintain a 25 percent fund balance. 4 COMMISSIONER MOSER: Okay. 5 MR. HENDERSON: If you draw your fund balance down 6 to 14 percent, you are certainly on the weaker side of those 7 ratios, and you run the risk, if something comes up later in 8 the fiscal year that -- that's unforeseen, whether you have 9 enough funds to take care of that without having to go out 10 and do a borrowing. 11 COMMISSIONER MOSER: Okay. All right, thank you. 12 And then one other question. I think Jonathan alluded to 13 this, too. As we look at this in -- in this year's budget 14 and the 1.64 percent, whatever it is, do you have any feel 15 for what this increased interest on this bond would be, and 16 what it would mean to our -- our budget that we're working on 17 right now? 18 MS. HARGIS: Well, the budget that we're working on 19 right now, it reduced it by $300,000 to take it out of 20 reserve. And based on the payments -- you know, I didn't 21 have them, so I had to guess -- of a little bit over 200. 22 COMMISSIONER MOSER: Okay. 23 MS. HARGIS: So that brought us in at a million, 24 six as a deficiency. We still have a million, six that we 25 haven't addressed in the budget. 6-9-14 18 1 COMMISSIONER MOSER: But I thought, Jonathan, you 2 said something -- we could make this decision. 3 COMMISSIONER LETZ: I said -- no, what I said was I 4 think, to me, this is inexpensive insurance against our 5 reserve. We're -- I mean, the money, likely, that we're 6 paying, the 170,000 may be coming out of -- probably will 7 come out of reserves, but we're not taking it all in one 8 year. We're spreading it over three years, so we can budget 9 for it, handle it better. 10 COMMISSIONER MOSER: Got you. 11 COMMISSIONER LETZ: And to me, for 21,000, it makes 12 good business sense to do it this way, as opposed to trying 13 to take it all out of reserves at one time. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER LETZ: And then get -- 16 MS. HARGIS: Keep in mind, we're not paying it 17 until this next fiscal year, so it won't come out of this 18 year's reserves. It will actually be a budgeted item for 19 next year. 20 COMMISSIONER MOSER: Okay, got you. Thank you. 21 MS. HARGIS: So -- 22 COMMISSIONER MOSER: Thank both of you. Thank you 23 very much. 24 JUDGE POLLARD: Any further discussion? 25 COMMISSIONER LETZ: I'll make a motion that we 6-9-14 19 1 approve the agenda item. 2 COMMISSIONER MOSER: I second. 3 JUDGE POLLARD: It's been moved and seconded that 4 we approve the agenda item. Those -- any further discussion? 5 If not, those in favor, signify by raising your right hand. 6 (The motion carried by unanimous vote, 4-0.) 7 JUDGE POLLARD: It is 4-0. 8 COMMISSIONER LETZ: Tom didn't even get to say 9 anything -- Mr. Spurgeon. 10 MS. HARGIS: Yeah. Tom, do you need -- 11 COMMISSIONER LETZ: Do you want to say anything, 12 Mr. Spurgeon? 13 MR. SPURGEON: I'm happy to -- I might just -- and 14 if it's not clear -- I will say one thing, if you don't mind, 15 just to be clear. Bob had said -- 16 COMMISSIONER MOSER: Justify your expense coming 17 up. 18 MR. SPURGEON: Exactly right. That's right. Bob 19 said something about maybe explaining why this is taxable 20 versus tax-exempt, and in case there is any question with 21 respect to that, almost anything you all do, any kind of 22 public entity does in terms of finances for public 23 facilities, you can do that on a tax-exempt basis. And you 24 can even finance certain portions of the airport on a 25 tax-exempt basis. But because -- but we always have to look 6-9-14 20 1 at the use of the facility, and the use of this facility that 2 is being approved is for manufacturing purposes. It's -- 3 it's a governmental-owned facility, but it's being used by a 4 private entity. So, certain facilities at airports are used 5 by private entities and can be done on a tax-exempt basis, 6 but manufacturing specifically cannot. So, because that's 7 what's going on out there, this has to be done on a taxable 8 basis, and that's -- that's just the whole reason for this. 9 So, there's a slight increase in your interest rate because 10 it's taxable versus tax-exempt. It's obviously not very 11 much, I'm assuming, just because it's such a low-end -- 12 MR. HENDERSON: Because it's so short. And it's 13 really remarkable -- and I didn't spend a lot of time on it, 14 given the judge's reputation, but -- (Laughter.) We're just 15 going to start off on a real good foot, aren't we, Your 16 Honor? The low bid was 1.54 percent, and the high bid was 3 17 percent. That is a dramatic spread. It really is a dramatic 18 spread. And -- and, in fact, Dusty and I, you know, talked 19 about, you know, do we need -- we need to doublecheck and 20 make sure these guys understand they're bidding on a taxable 21 transaction and not a tax-exempt transaction? And they do 22 understand that. 23 JUDGE POLLARD: Didn't make a typo. 24 MR. HENDERSON: Yes, sir. So, no, this short and 25 as wide a spread as those bids were, it would be hard to say 6-9-14 21 1 you paid anything extra for the taxable situation. 2 JUDGE POLLARD: I'd just like to comment that you 3 fellows look at this as a manufacturing use. We're looking 4 at it from -- from a use of injection into our economy here. 5 MR. HENDERSON: Yes, job creation. 6 JUDGE POLLARD: That's the way we look at it. 7 MR. SPURGEON: No, true. I understand. 8 JUDGE POLLARD: All right, thank you. 9 MR. SPURGEON: You bet. 10 COMMISSIONER MOSER: Thank you for your quick 11 response on this. You know, pretty impressive. 12 MR. HENDERSON: We wanted to impress the new judge 13 and new commissioner that we don't know very well. 14 COMMISSIONER MOSER: I just said something to the 15 Judge. I know you want something; you're buttering him up. 16 (Laughter.) 17 JUDGE POLLARD: 1.4; consider, discuss, and take 18 appropriate action to approve updated policy for Kerr County 19 Indigent Health Program. Rosa Lavender. 20 MS. LAVENDER: Morning, gentlemen. Periodically, 21 we have to update our policy based on new legislation or 22 events perhaps in our community, and if you've reviewed our 23 policy, if it's approved this morning, we're going to put it 24 into effect immediately, part of it to address an issue that 25 we've kind of been struggling with, that we've now been to a 6-9-14 22 1 state conference and checked to be sure it was okay to put in 2 here. As you know, our -- our indigent health policy is our 3 policy. The County controls it. We have to base it on the 4 State's guidelines, but we can, as long as it's legal, 5 interpret things the way we want to, because we pay it. If 6 we get above 8 percent of our gross tax revenues, then it has 7 to go to the State for reimbursement. But right now, and for 8 the years that we've had the program since the mid-'80's, 9 we've never had to do that. 10 One of the things that we've added this year, or 11 proposed to add is to establish permanent residency. We have 12 a lot of sober living homes where we have transitional people 13 in and out of our community. We have a couple places where 14 people are living, staying temporarily in motels, and we're 15 beginning to see applications for those people. And under 16 the state guidelines, those are not permanent residents, and 17 we can reject them from the program. Also, April 1st -- and 18 I addressed this earlier this spring -- the law changed about 19 people who are in jail or in juvenile detention centers. If 20 they're not county residents, we still have to, by law, put 21 them on our indigent health program if they qualify. And 22 that's the caveat; they have to qualify under the same rules 23 as our residents do. 24 And then under the Affordable Care Act that went 25 into effect, we also, according to the State, can now ask 6-9-14 23 1 these people to apply for the Affordable Care Act and prove 2 to us in writing that they do not qualify for that program. 3 It takes about 48 hours from the time they apply until they 4 get the either denial or acceptance under A.C.A., when the 5 window is open to do it. And right now, they're not taking 6 applications, but they will in the fall again. But rather 7 than come back, I went ahead and just put it in the policy at 8 this point so that we can enforce that when it's available to 9 them. And then again, under the policy, we address the jail 10 prisoners and the juvenile detention prisoners -- not 11 prisoners, but children in the Juvenile Detention Center as 12 to how the policy will affect them. So, we just ask for 13 your -- if you have any questions, number one. 14 COMMISSIONER MOSER: So, if somebody applied -- 15 made an application to you, and you don't know if they're 16 qualified for Obamacare -- 17 JUDGE POLLARD: Affordable Care Act. 18 MS. LAVENDER: Affordable Care Act. 19 COMMISSIONER MOSER: Yeah, Obamacare. 20 MS. LAVENDER: Let's be politically proper. 21 COMMISSIONER MOSER: Yeah, I do want to. 22 (Laughter.) So -- but right now, you said the window's not 23 open? They wouldn't -- 24 MS. LAVENDER: Right. 25 COMMISSIONER MOSER: So, in a case like that where 6-9-14 24 1 you couldn't get an answer? 2 MS. LAVENDER: Then we'd have to put them on the 3 program until the window was open. 4 COMMISSIONER MOSER: Can you then, let's say, get a 5 response, and then you can say -- 6 MS. LAVENDER: Correct. 7 COMMISSIONER MOSER: Okay. 8 MS. LAVENDER: Yeah, and we -- in fact, we had a 9 man last week, week before last, who had applied with us, and 10 when he -- we began the process, and then he came in for an 11 interview and said, "Oh, by the way, I'm not going to need 12 this; I'm now on the Affordable Care Act." So, we've already 13 seen one this year that applied with us and then was able to 14 get on the program before the window closed. 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER LETZ: Rosa, can you give us a little 17 -- just a little history as to what we were spending on 18 indigent health care before the County set up a department 19 and started handling it ourselves, versus what we're paying 20 right now? 21 MS. LAVENDER: The program began, I think, in '85 22 or '86 when the State Legislature passed a law that said the 23 counties that do not have a public hospital or a clinic or 24 something that people can go to that's tax-supported, that 25 the county must provide indigent, or health -- basic health 6-9-14 25 1 care -- let's use the word "basic" -- for those who meet 2 indigency requirements. And Kerr County is one of 140 or 141 3 counties in the state that does not have a public hospital or 4 a hospital district to provide health care, so we began then 5 doing it. And at the time, the Commissioners Court at that 6 time decided that it would be of benefit to the county to 7 hire a halftime employee to do the indigent health program, 8 and they chose to hire a halftime employee in conjunction 9 with Peterson Hospital, so that Peterson had a halftime 10 employee that they paid; the County had a halftime employee 11 that they paid, and so that's the way the system worked until 12 the fall of 2000 -- help me -- '6? 13 MS. HARGIS: No, '8. 14 MS. LAVENDER: '8, okay. In 2008, the fiscal year 15 2007-2008, we paid out just a little over a million dollars; 16 1.02 million, I believe it was, in indigent health care. And 17 that September, Commissioners Court asked us to bring the 18 program to the county and create a department here to handle 19 it, and we did. And the first year after we brought it over, 20 we reduced it to about a half a million, and then each year 21 we have consistently kept it less than a quarter of a million 22 dollars, while serving those who really qualify in the county 23 for this kind of care. And we -- we encourage -- in fact, we 24 have a policy for them to use local health care providers so 25 that the benefits of the County's tax dollars go to those 6-9-14 26 1 people who practice medicine in our community. 2 COMMISSIONER LETZ: So, it's about a $700,000 to 3 $800,000 decrease since we took over the program in 2008. 4 MS. LAVENDER: Correct. 5 COMMISSIONER MOSER: I'll make a motion that we 6 approve the updated policy for Kerr County Indigent Health 7 Care, to become effective June the 15th. 8 COMMISSIONER LETZ: Second. 9 JUDGE POLLARD: It's been moved and seconded. Is 10 there further discussion? 11 COMMISSIONER BALDWIN: Yes, sir, I do have some 12 questions. 13 JUDGE POLLARD: I have some too. Go ahead. 14 COMMISSIONER BALDWIN: Would you like to go ahead? 15 JUDGE POLLARD: No, go ahead. 16 COMMISSIONER BALDWIN: Well, I don't want to 17 interrupt anything; I'm staying up with the bond guy over 18 here. Rosa, the reduction is caused by the eligibility 19 issue, I think? 20 MS. LAVENDER: Correct. 21 COMMISSIONER BALDWIN: And I see here you have a 22 criteria for eligibility, and you have four different areas; 23 residence, household, income, and resources. Do you use just 24 one of those as criteria, or all four? 25 MS. LAVENDER: All of them. 6-9-14 27 1 COMMISSIONER BALDWIN: All four of those. Okay, 2 that's good. And then on the next page, the K.C.I.H.P. 3 income requirements, you talk about alien sponsor's income. 4 Alien -- the word "alien" is kind of throwing me a little 5 bit. Are we talking about illegal aliens? 6 MS. LAVENDER: Undocumented. 7 COMMISSIONER BALDWIN: Undocumented. Excuse me, I 8 didn't -- 9 MS. LAVENDER: This is -- 10 COMMISSIONER BALDWIN: -- didn't mean to hurt 11 anybody's feelings. 12 MS. LAVENDER: This is one of the few health care 13 programs that accepts undocumented people into the program. 14 But if the person is undocumented and they are sponsored by 15 someone who is an American citizen or whatever, then that 16 citizen -- that legal resident's income is factored into 17 this. That's another state law. 18 COMMISSIONER BALDWIN: I see. Do we cater to 19 illegal aliens? 20 MS. LAVENDER: We very rarely have anybody on the 21 program. 22 COMMISSIONER BALDWIN: Okay. And even whether 23 they're sponsored or non-sponsored? 24 MS. LAVENDER: Correct. 25 COMMISSIONER BALDWIN: Okay, thank you. 6-9-14 28 1 COMMISSIONER MOSER: Is that -- I was going to ask 2 a question as part of that. So, is state law that we have 3 to -- 4 MS. LAVENDER: Yes. That's part of the -- 5 JUDGE POLLARD: It's feds, isn't it? 6 MS. LAVENDER: It's federal. 7 JUDGE POLLARD: It's feds. 8 COMMISSIONER BALDWIN: Want to break the federal 9 law? 10 COMMISSIONER MOSER: Well, I'm just saying, this is 11 our policy. 12 MS. LAVENDER: Correct, but we -- but it's based on 13 guidelines that are sent down from above. 14 COMMISSIONER MOSER: So these are guidelines that 15 we have, that particular guideline we have? 16 MS. LAVENDER: Right. We have to, right. We have 17 no choice. 18 COMMISSIONER MOSER: Thank you. 19 COMMISSIONER BALDWIN: If you're up to it, I'll 20 vote against it with you. 21 COMMISSIONER MOSER: Okay. 22 MS. LAVENDER: But, unfortunately, we won't go 23 anywhere with it. 24 JUDGE POLLARD: Rosa, you mentioned conferences 25 that you've been to. 6-9-14 29 1 MS. LAVENDER: Yes. 2 JUDGE POLLARD: And you've been using these 3 guidelines in principle for several years. Does that mean 4 that they've been anointed by somebody, some legal staff 5 somewhere at those conferences? 6 MS. LAVENDER: We don't have to be anointed. 7 JUDGE POLLARD: The form, I'm talking about. 8 MS. LAVENDER: No, we don't have to be. We don't 9 -- other than the fact that it's based on the policies put 10 out by the Texas Department of Health, and we just use that 11 as a -- as a template for what we do. 12 JUDGE POLLARD: So, it's pretty much in accordance 13 with what the other 140 counties are doing? 14 MS. LAVENDER: It's what this county wants to do, 15 is what -- you take that template and then modify it to work 16 in your county. 17 JUDGE POLLARD: Well, I'd feel more comfortable -- 18 I don't think the County Attorney has enough work down there 19 right now, and I'd feel more comfortable if the County 20 Attorney did look at it. 21 MS. LAVENDER: Okay. Well, previous County 22 Attorneys have looked at it, and so if we need to do that, 23 we'll be glad to do that. 24 MS. STEBBINS: I can look at it. 25 JUDGE POLLARD: You can do it? 6-9-14 30 1 MS. STEBBINS: Sure. 2 JUDGE POLLARD: Okay. 3 MS. LAVENDER: Here you go. 4 MS. STEBBINS: Thank you. 5 MS. LAVENDER: Okay. Do you want to -- you want to 6 approve it based on her approval? 7 JUDGE POLLARD: Contingent upon her approval. 8 MS. STEBBINS: Sure. 9 COMMISSIONER LETZ: I'll amend my motion to make it 10 contingent on County Attorney approval. 11 JUDGE POLLARD: All right. 12 COMMISSIONER MOSER: That's a good amendment. 13 JUDGE POLLARD: And it's been agreed by both the 14 movant and the second that it be amended to be contingent 15 upon approval by the County Attorney's office. Is there any 16 further discussion? There being none, those in favor, 17 signify by raising your right hand. Raising your right hand. 18 (The motion carried by unanimous vote, 4-0.) 19 JUDGE POLLARD: Those opposed? Did you raise your 20 hand? 21 COMMISSIONER LETZ: Yes, affirmative. 22 JUDGE POLLARD: Okay, it's 4-0. Thank you. 23 COMMISSIONER MOSER: Good job, Rosa. 24 JUDGE POLLARD: 1.5; consider, discuss, and take 25 appropriate action to approve bond for the Justice of the 6-9-14 31 1 Peace, Precinct 1, Mitzi French. Commissioner Baldwin? 2 COMMISSIONER BALDWIN: Yes, sir, thank you very 3 much. Ms. French? Do we have bond in-hand? 4 MS. PIEPER: The bond's up there. 5 COMMISSIONER BALDWIN: "Yes, we do have bond 6 in-hand, Commissioner Baldwin." Thank you. I move we 7 approve the agenda item, Judge. 8 COMMISSIONER MOSER: Second. 9 JUDGE POLLARD: Been moved and seconded that we 10 approve this Western Surety Company bond -- official bond and 11 oath for Mitzi French. Is there any further discussion? 12 Just so the parties understand, it's a $5,000 bond, effective 13 May the 28th, 2014. It's dated that date, and it's for the 14 "faithfully and impartially discharge the duties required by 15 law and promptly pay to the entitled parties all money that 16 comes into his hands during the term of the office." All 17 right. No further discussion? Those in favor, signify by 18 raising your right hand. 19 (The motion carried by unanimous vote, 4-0.) 20 JUDGE POLLARD: It's 4-0. 21 COMMISSIONER BALDWIN: Judge, could we do 20 and 22 21? 23 JUDGE POLLARD: Yes, sir. 24 COMMISSIONER BALDWIN: To take care of all those 25 issues with that particular office? 6-9-14 32 1 JUDGE POLLARD: Yes. 2 COMMISSIONER BALDWIN: Thank you. 3 JUDGE POLLARD: The court coordinator has already 4 accosted me with that request, and we'll move to Items 20 and 5 21 on the agenda. 6 COMMISSIONER MOSER: Accosted. (Laughter.) 7 JUDGE POLLARD: I'm just following instructions. 8 You know all us guys, we just do what women tell us to do. 9 COMMISSIONER BALDWIN: Yeah, absolutely. 10 JUDGE POLLARD: All right. As soon as I can find 11 that one. 1.20; consider, discuss, and take appropriate 12 action to appoint Mitzi French for Justice of the Peace, 13 Precinct 1, effective June 16, 2014, to fill the unexpired 14 term. Commissioner Baldwin? 15 COMMISSIONER BALDWIN: Yes, sir. I so move that we 16 do appoint Mitzi French for J.P. 1, effective June the 16th. 17 And then I wanted to say that on June the 23rd, we'll come 18 back in -- we'll be in session, and she will come back in and 19 we'll do a dog and pony show with her at that time. 20 COMMISSIONER MOSER: Second. 21 COMMISSIONER BALDWIN: Thank you. 22 JUDGE POLLARD: You mean the actual swearing in 23 will be at that time? Or do you want to do it now? We're 24 appointing her; is that right? 25 COMMISSIONER BALDWIN: We're appointing her. 6-9-14 33 1 MS. STEBBINS: That's rain. 2 JUDGE POLLARD: That's rain. Aha, that's good. 3 COMMISSIONER LETZ: Good for your Bermuda grass 4 seed. 5 JUDGE POLLARD: My Bermuda seed is going to work. 6 COMMISSIONER MOSER: Hopefully. I missed the rain 7 yesterday. 8 JUDGE POLLARD: All right. Those -- is there any 9 further discussion? 10 COMMISSIONER BALDWIN: No. 11 JUDGE POLLARD: Those in favor, signify by raising 12 your right hand. 13 (The motion carried by unanimous vote, 4-0.) 14 JUDGE POLLARD: It's 4-0. 1.21; consider, discuss, 15 and take appropriate action to set the salary for Mitzi 16 French, Justice of the Peace, Precinct 1. Commissioner 17 Baldwin? 18 COMMISSIONER BALDWIN: Yes, sir. We -- I move that 19 we set the salary for Ms. French at $50,568 per year. 20 COMMISSIONER LETZ: Second. 21 JUDGE POLLARD: It's been moved and seconded that 22 her salary be 50,000 -- what is it? 500-what? 23 COMMISSIONER BALDWIN: 568. 24 JUDGE POLLARD: 568 per year. Is there any further 25 discussion? 6-9-14 34 1 COMMISSIONER LETZ: And that's the salary that's in 2 the budget, Commissioner? 3 COMMISSIONER BALDWIN: Correct. 4 JUDGE POLLARD: And no further discussion? If so, 5 those in favor, signify by raising your right hand. 6 (The motion carried by unanimous vote, 4-0.) 7 JUDGE POLLARD: It's 4-0. 8 COMMISSIONER BALDWIN: Thank you. 9 JUDGE POLLARD: All right, that takes care of 1.5, 10 1.20, and 1.21. And we'll now go to 1.6; consider, discuss, 11 and take appropriate action on whether to transfer the 12 Juvenile Detention Ford pickup to another department. 13 Mrs. Hargis? 14 MS. HARGIS: I'm going to let the Court take care 15 of this one. 16 COMMISSIONER LETZ: It's been on the agenda several 17 times. I'll start it, and I think it's pretty much between 18 using it as a pool truck, or give to it Road and Bridge 19 Department for Charlie Hastings to use. And it'll have a 20 potential budget impact either way. If we keep it for a 21 county vehicle, there -- I think Road and Bridge will be 22 adding a truck to their budget, and if we give it to Road and 23 Bridge, we may or may not be adding a, you now, budget for an 24 additional county pool vehicle. You know, my view would be 25 this truck, to me, makes sense to go to Charlie Hastings. 6-9-14 35 1 It's a pickup, and, you know, the -- I don't know that we 2 need a pickup for a pool vehicle. I'd rather get something a 3 little bit different, better -- low gas mileage. 4 JUDGE POLLARD: Well, the next question is, does it 5 fit Charlie Hastings' needs? 6 COMMISSIONER LETZ: He's here. 7 MR. HASTINGS: Yes, it does. Yes, sir, it does. 8 JUDGE POLLARD: It does? You don't have to have 9 something a little larger or with four-wheel drive or any 10 other equipment? 11 MR. HASTINGS: No, sir. 12 JUDGE POLLARD: This one's ideal for you? 13 MR. HASTINGS: Yes, sir. 14 JUDGE POLLARD: All right. That solves the -- 15 COMMISSIONER BALDWIN: I see it differently. I see 16 it as a pool-type vehicle, because of the fact we've had a 17 County Attorney in the past say that our employees should not 18 be driving their own vehicles doing county business. We 19 still have some employees going to the bank daily using their 20 own personal vehicle, and the County Attorney says no, no, 21 no, can't do that. But we're continuing to do that because 22 we don't have another vehicle for them. 23 COMMISSIONER MOSER: Well, I thought what we said 24 the other day -- and I agree with you -- is we have a vehicle 25 that we were going to look at how much it was used to 6-9-14 36 1 determine whether or not we need to get another vehicle. And 2 I'm with Jonathan -- Commissioner Letz on that, with a more 3 fuel-efficient vehicle, smaller for running around on those 4 if we need it. But I think that -- you know, what I've seen, 5 talking to Len and Charlie, is that, you know, this vehicle 6 -- the truck would serve their purposes out there without 7 having to purchase another one. So -- 8 JUDGE POLLARD: Well, they have -- they need an 9 economic operating vehicle too, don't they? 10 COMMISSIONER MOSER: Yeah. And this -- yeah. 11 COMMISSIONER BALDWIN: Bicycle. 12 COMMISSIONER LETZ: Bicycle? (Laughter.) 13 COMMISSIONER BALDWIN: Charlie? You want a 14 10-speed bicycle? 15 MR. HASTINGS: 18. (Laughter.) 16 COMMISSIONER LETZ: The -- you know, I don't 17 disagree at all that we need a vehicle for the courthouse. 18 We have one. I'm not sure -- I mean, until we had a -- 19 filled the slot of Veteran Administrator, I'm not sure it was 20 being used a whole lot. That individual does use it. It's 21 not her vehicle; it's used as she needs it, and she signs it 22 out like everybody else. 23 JUDGE POLLARD: How often do we have a conflict, 24 two people wanting it at the same time? Is somebody able to 25 answer that? 6-9-14 37 1 MS. HARGIS: We haven't. 2 JUDGE POLLARD: You haven't? 3 COMMISSIONER REEVES: Have not had a conflict? 4 MS. HARGIS: No, because nobody -- I mean, the car 5 was sitting out there. I had to start driving it back and 6 forth to -- to the bank, just myself, to keep the battery 7 from going dead. 8 JUDGE POLLARD: Yeah, but we got this Veteran 9 Services Officer using it more often now. Is that changing 10 things? 11 MS. HARGIS: I haven't had any requests for it, 12 because I think most everybody thought it was her vehicle 13 rather than a pool. But it's there a lot, 'cause I park 14 right next to it, so it can be used. She's -- it's here most 15 every day. 16 JUDGE POLLARD: Is this a question of not educating 17 our people that they need to use that instead of their 18 personal vehicles? Is that the problem? 19 MS. HARGIS: I think that might be the problem. 20 And we do have -- I was told to -- to purchase another 21 vehicle, but I was waiting to make sure that we really needed 22 another one. 23 COMMISSIONER MOSER: Good. 24 JUDGE POLLARD: Well, I think we'll need one as 25 soon as everybody's educated on it, that they need to use it 6-9-14 38 1 instead of their personal vehicles. Yes, ma'am? 2 MS. SOLDAN: I had been using that vehicle to go to 3 the bank every day until the Veteran Services Officer came, 4 and then she needed it for training and going back and forth 5 to Fredericksburg. And then at one point in time, magnetic 6 signs were put on the doors that said "Veteran Services 7 Officer," so I stopped driving it at that point, thinking 8 that it was assigned to her. 9 COMMISSIONER REEVES: Sounds like we just need to 10 let everybody know that there is a vehicle down there, and if 11 we need another one, we'll cross that bridge later. But I 12 think -- I think this vehicle -- this pickup would be best 13 used in Road and Bridge, whereas a pool vehicle maybe 14 something different that we could use if whoever needs it. 15 But this one, I think, would be best suited in the Road and 16 Bridge Department. 17 COMMISSIONER LETZ: I think the -- you know, my 18 feeling is that, you know, if we are going to be serious 19 about -- and I am serious about not using personal vehicles, 20 we probably need to get a second pool vehicle now. Because 21 if the Veteran Service Officer is -- or the Treasurer is 22 using it, whoever is using it, and someone else needs it, 23 what do they do? I mean, they've got to -- we've got to have 24 a vehicle available for them, or we'd let people use their 25 personal vehicles to -- 6-9-14 39 1 JUDGE POLLARD: They're jumping in their personal 2 car right now without even asking. 3 COMMISSIONER LETZ: Right. So, I mean, we could 4 wait, or we can go ahead and get it. I know the Veteran 5 Service Officer is using it a fair amount. She probably uses 6 it daily, but not certainly all day. 7 COMMISSIONER BALDWIN: Well, could we go ahead and 8 get the second car, and hold the truck here for that purpose 9 until the second car comes in, and then let it go? 10 COMMISSIONER LETZ: That's fine. 11 COMMISSIONER BALDWIN: I mean, just -- I just think 12 that's important, what the County Attorney said. 13 SHERIFF HIERHOLZER: I think, number one, you ought 14 to check with TAC on the insurance issue. I'm not sure all 15 that was that accurate back when we were told a lot of that. 16 I've heard some -- I've heard some different issues. Number 17 two, Charlie and I talked about this. Remember, it came down 18 between Sheriff's Office and Charlie. I still have a serious 19 need for that vehicle, but because Charlie and I talked, I 20 felt his need was -- he doesn't have one at all for his 21 position. Sheriff's Office gave it up. I gave up the option 22 for it. So, it's still a vehicle that I think should go to 23 Charlie or the Sheriff's Office on this particular vehicle. 24 COMMISSIONER LETZ: And we have money budgeted or 25 set aside to buy a used vehicle? And how long would it take 6-9-14 40 1 for us to do that? 2 MS. HARGIS: I'll try and get out there and buy 3 one. 4 JUDGE POLLARD: All right. Any more discussion? 5 COMMISSIONER LETZ: I'll make a motion that we 6 transfer the new vehicle to Road and Bridge Department for 7 use of Charlie Hastings, or to Road and Bridge Department, 8 period, and then authorize -- or request the Auditor to 9 purchase the planned vehicle. 10 COMMISSIONER MOSER: That's not an agenda item. 11 JUDGE POLLARD: I don't think so. 12 COMMISSIONER MOSER: Not the new vehicle. 13 COMMISSIONER LETZ: Okay. 14 COMMISSIONER MOSER: I second your motion. 15 COMMISSIONER BALDWIN: Nice try, though. 16 COMMISSIONER LETZ: But after we get a new vehicle. 17 COMMISSIONER MOSER: Right. 18 COMMISSIONER LETZ: I can do that. 19 JUDGE POLLARD: All right. It's been moved and 20 seconded that the -- the pickup truck in question go to 21 Charlie Hastings in Road and Bridge. Any further discussion? 22 If not, those in favor, signify by raising your right hand. 23 (The motion carried by unanimous vote, 4-0.) 24 JUDGE POLLARD: It's 4-0. 25 COMMISSIONER LETZ: The motion did say to be 6-9-14 41 1 purchased -- or transferred after we got another vehicle, 2 though. 3 JUDGE POLLARD: Oh, it was? Okay. All right. 4 Let's go to -- 5 (Low-voice discussion off the record.) 6 JUDGE POLLARD: All right. 1.7; consider, discuss, 7 and take appropriate action regarding C.P.S. birthday money 8 for Kerr County children. Jeannie Hargis. 9 MS. HARGIS: We have in the -- since I've been 10 here, we've had an association with the C.P.S. caseworkers 11 where they provided us a list of names to provide $25 a month 12 to a child that was having a birthday that was in their 13 custody, and the last year we have received no names. And we 14 contacted them. We've contacted them and contacted them, and 15 the last contact we had was last week, and they are at least 16 a year behind. They've assigned it to a new person. The new 17 person doesn't know when they're going to get to it, and it 18 -- and when we do get the birthday list in the past, it's 19 always behind, so the children are not even receiving their 20 money on the day that is their birthday, or in the month 21 that's their birthday. I think we probably should keep the 22 program open, but I don't know how to activate it, because 23 we're not getting any names. We have done everything we know 24 how to do to contact them. We've spoken to Austin. They 25 keep moving the responsibility to someone else, and it's 6-9-14 42 1 coming out of Austin now, so we just want to make the Court 2 aware that we haven't been able to provide any birthday money 3 in over a year, because we don't have any names. 4 JUDGE POLLARD: What do you want us to do about it? 5 MS. HARGIS: Well, I don't know whether we want to 6 include it, or keep including it in the budget when we don't 7 have any names to provide. 8 COMMISSIONER MOSER: How much is in the budget for 9 this? 10 MS. HARGIS: I think it's $3,000. 11 COMMISSIONER MOSER: I think if it's not used -- 12 COMMISSIONER BALDWIN: You've got to leave it 13 there. 14 COMMISSIONER MOSER: Do we? 15 COMMISSIONER BALDWIN: Got to leave it there. 16 COMMISSIONER MOSER: Yeah, but if we're not using 17 it, can we put it back? 18 COMMISSIONER BALDWIN: I think the law says that 19 you have to provide for certain things, and that's one of 20 them. 21 COMMISSIONER MOSER: Is that -- oh, is that a -- 22 JUDGE POLLARD: Children's birthdays? 23 SHERIFF HIERHOLZER: No. 24 COMMISSIONER BALDWIN: What's the name of that 25 thing? In the beginning, it was the Child Welfare Board. It 6-9-14 43 1 has a different name now, and I apologize; I don't know -- I 2 can't remember the name. But it's a real quiet group. They 3 do lots and lots of things. The County is required to 4 provide some services to it, and that is one of those 5 services. 6 COMMISSIONER MOSER: May I ask -- I'm not taking 7 issue with that, but may I ask a question? I hate seeing 8 letters come in or anything that says -- has an acronym and 9 you have no idea what it is. What is a D.R.I.T.S.? What 10 does that mean? 11 COMMISSIONER BALDWIN: No kidding. 12 COMMISSIONER MOSER: I have no idea. "Please be 13 aware there'll be a significantly delay in getting new 14 D.R.I.T.S." 15 MS. HARGIS: That's the list of names for the 16 birthdays. 17 COMMISSIONER BALDWIN: You're right, this e-mail 18 makes absolutely no sense to any of us. It has nothing to do 19 with the county. 20 COMMISSIONER MOSER: Signed by Dr. Farris, okay? 21 MS. HARGIS: We're -- 22 COMMISSIONER MOSER: Here we've got something we 23 don't know what it means, we're not using, and we want to 24 keep it in place. But we may or may not be obligated to do 25 it. 6-9-14 44 1 COMMISSIONER REEVES: Could the County Attorney see 2 if we're still obligated to do it, first of all? 3 MS. STEBBINS: Sure. 4 COMMISSIONER REEVES: And then we'll take it up -- 5 JUDGE POLLARD: That's step one. 6 COMMISSIONER REEVES: -- at a future meeting and 7 decide, and maybe by that time -- I'm like Commissioner 8 Moser; we find out what some of the acronyms mean and know 9 what we're doing. 10 JUDGE POLLARD: We just need more information, so 11 we're going to move this to a subsequent -- no action on it 12 now, but move it to the next agenda, and hopefully have more 13 information at that time. Is that a good solution? 14 COMMISSIONER REEVES: That is my request. 15 JUDGE POLLARD: All right. 16 MS. HARGIS: I have -- I do have a kind of a 17 special request. Normally when we have a sale or a -- of a 18 tax anticipation note, there's a lot of paperwork to sign, 19 and the attorney would like to take that back with him. Is 20 it possible that we stop for just a few minutes so you can 21 sign that paperwork? 22 JUDGE POLLARD: Yes, sir -- yes, ma'am. 23 MS. HARGIS: Sorry, I should have said that 24 earlier. 25 JUDGE POLLARD: Where is that paperwork? 6-9-14 45 1 MR. SPURGEON: Judge, I have it right here. That, 2 and also the County Clerk, it would be great if I could ask 3 for y'all to -- that would be wonderful. I hate to -- 4 COMMISSIONER BALDWIN: Y'all don't want to sit 5 through the trucks and the cars and the children's money and 6 all that? Come on. 7 (Discussion off the record.) 8 JUDGE POLLARD: Okay, let's recess to do this. 9 (Recess taken from 9:48 a.m. to 9:52 a.m.) 10 - - - - - - - - - - 11 JUDGE POLLARD: We're going to come back into 12 regular session, please. We lost the Sheriff. 13 COMMISSIONER BALDWIN: Thank goodness. 14 JUDGE POLLARD: Item 1.8; consider, discuss, and 15 take appropriate action regarding contracts for juvenile 16 detention center. Jason Davis. He's still in recess. 17 COMMISSIONER LETZ: There he is. 18 MR. DAVIS: Pardon me, Your Honor. 19 COMMISSIONER LETZ: He just wanted to make an 20 entrance. 21 MR. DAVIS: That's right. Good morning, Your 22 Honor, Commissioners. There is an issue that's come up that 23 in reviewing the contracts for the Kerr County Juvenile 24 Detention Facility, the -- these are contracts that are 25 issued by this county, that we send out to the 14 counties 6-9-14 46 1 that contract with the J.D.C. to place children in the 2 facility. I started looking at the contract, and there was 3 -- I had some concerns about it. I contacted Contract 4 Compliance, the monitoring folks with the Texas Juvenile 5 Justice Department, T.J.J.D. They also agreed that there 6 were some deficiencies in the contract. I had asked this -- 7 I've given a copy of the current contract and the proposed 8 changes to the County Attorney, and what I would ask is that 9 pending Kerr County -- pending approval of the Kerr County 10 Attorney, that we amend the current contract that is issued 11 by the J.D.C., and effectively by this Court, that goes out 12 to all of our 14 counties that -- that contract with Kerr 13 County for the J.D.C. 14 We'd like to modify the contract to be in 15 compliance with T.J.J.D. standards, so that all the way 16 around, there will be no noncompliance, not only in Kerr 17 County, but with the vendor -- or with the counties that 18 contract with us. This is something that is not required by 19 statute that we meet these, that we make these changes; 20 however, they are required effectively by standards for the 21 Texas Juvenile Justice Department, so that when the vendor 22 counties are audited, they will be in compliance. The Kerr 23 County Attorney, Ms. Stebbins, has looked at this. She is in 24 agreement that these are probably things that need to occur. 25 I can find no record where the contract has come before this 6-9-14 47 1 Court for approval in the past to be sent out. I'm not sure 2 that the facility administrator has the lawful and legal 3 authority to issue a contract and sign it on behalf of the 4 Commissioners Court without the permission of the 5 Commissioners Court. Either way, I think that this contract 6 is something that should come before this Court, and then ask 7 the chairman to authorize -- to sign those contracts for them 8 to be sent out. 9 COMMISSIONER MOSER: So, let me see if I 10 understand. So we haven't had a contract in the past; is 11 that what you're saying? 12 MR. DAVIS: We've had a contract, yes, sir. 13 COMMISSIONER MOSER: But it hasn't been approved by 14 Commissioners Court? 15 MR. DAVIS: I can't find a record of it. It may 16 have been at some point in time. I'm not sure that it was 17 done on an annual basis. I think it's a better practice to 18 approve it on an annual basis, to bring it back every year. 19 COMMISSIONER MOSER: And so the next question is, 20 there have been changes made, and so can you -- 21 MR. DAVIS: Yes, sir. 22 COMMISSIONER MOSER: -- delineate what those 23 changes are? 24 MR. DAVIS: Absolutely. Recommending some 25 significant changes -- and I apologize; I don't have them in 6-9-14 48 1 front of me. They are basically adding a termination clause. 2 That was one of the big things, is there's not a termination 3 clause in the contract currently. The rates stay the same; 4 there are effectively no changes there. There were five 5 areas that were put out by the Juvenile Justice Department 6 unofficially. They did not officially audit us. They did 7 not officially look at it. I just, kind of on the side, 8 said, "Hey, guys, would you look at this? I think there's 9 some deficiencies here." They kicked it back and said, "Yes, 10 we agree. These are areas that are deficient," and those are 11 the areas that I've provided the County Attorney and asked 12 her to look at. She's agreed, so I think that -- and she can 13 speak to -- 14 JUDGE POLLARD: How long do you think it's going to 15 take for you to know? 16 MR. DAVIS: Next week. 17 JUDGE POLLARD: Next week? 18 MR. DAVIS: Yes, sir. 19 JUDGE POLLARD: Is there any reason we can't -- 20 we've had a defective contract all this time. Can't we go 21 another week or so, and put it on the next agenda? 22 MR. DAVIS: Great question, Your Honor. And -- 23 JUDGE POLLARD: Instead of approving it contingent 24 upon? 25 MR. DAVIS: There is -- and normally the contracts 6-9-14 49 1 go out June the 1st, which they've been sent out at that 2 time. The reason being is because the contracts have to be 3 signed and in place, but we have until September 1st before 4 that has to occur. And what it has to do, the process is -- 5 we extend it out. The receiving county takes it and gets 6 approval of their prosecutor, Kerr County Attorney -- their 7 County Attorney. Then the juvenile board has to get it 8 scheduled and signed and returned back to us with all the 9 signatures in place prior to September 1. I still think that 10 if we came back in two weeks, we'd have time to do it. 11 JUDGE POLLARD: Why don't we do that? 12 MR. DAVIS: Okay. 13 COMMISSIONER LETZ: Okay. 14 COMMISSIONER BALDWIN: That's the same thing we do 15 with Rusty. 16 MR. DAVIS: Yes, sir. 17 COMMISSIONER BALDWIN: An annual -- annually. 18 MR. DAVIS: I would feel more comfortable as -- in 19 my current position, that I -- I don't think this contract 20 needs to be sent out by the administrator; it needs to be the 21 Court. 22 JUDGE POLLARD: After we go through all the process 23 and then it comes to us. 24 MR. DAVIS: Thank you. 25 JUDGE POLLARD: Thank you, Jason. 6-9-14 50 1 COMMISSIONER BALDWIN: Don't go off too far. 2 MR. DAVIS: Yes, sir. I'll be in the hall again. 3 JUDGE POLLARD: 1.9; consider, discuss, and take 4 appropriate action to appoint Director for the Juvenile 5 Detention Center. Commissioner Baldwin. 6 COMMISSIONER BALDWIN: Yes, sir. Gentlemen, you 7 got my note that says the committee met regarding the 8 Juvenile Detention Director position, and recommends Jason 9 Davis for that position, with a stipend in the $20,000 to 10 $25,000 range. So, we are recommending Jason, and then you 11 have to agree or disagree, and then the -- I feel like there 12 needs to be a stipend that goes along with that. Now -- 13 JUDGE POLLARD: We have steps and all of that? 14 H.R. and Jeannie Hargis can address that? 15 COMMISSIONER BALDWIN: It doesn't come into this 16 picture. 17 JUDGE POLLARD: Doesn't come -- 18 COMMISSIONER BALDWIN: Doesn't apply to this 19 position. 20 JUDGE POLLARD: Okay. 21 COMMISSIONER BALDWIN: Isn't that correct? 22 MS. HARGIS: Yes, sir. 23 JUDGE POLLARD: Where is she? Is that correct? 24 COMMISSIONER LETZ: It's an exempt position, 25 correct. 6-9-14 51 1 JUDGE POLLARD: That's correct? 2 MS. HARGIS: Yes, it's an exempt position. 3 JUDGE POLLARD: Okay. 4 COMMISSIONER MOSER: So, what would be the stipend 5 in the past? That amount? 6 COMMISSIONER BALDWIN: Oh, no. No, he was -- the 7 former director -- I don't know what his salary was, but it 8 was a lot more than this. 9 COMMISSIONER LETZ: 80-something. 81,000. 10 COMMISSIONER BALDWIN: 80,000. 11 MS. LANTZ: 85. 12 COMMISSIONER LETZ: 85,000. 13 COMMISSIONER BALDWIN: I would like to give him 25 14 of that. 15 COMMISSIONER LETZ: What we're doing is eliminating 16 a position and combining this with Jason -- 17 COMMISSIONER BALDWIN: Correct. 18 COMMISSIONER LETZ: -- Davis' other 19 responsibilities. 20 COMMISSIONER MOSER: Got you. 21 COMMISSIONER REEVES: And what would our estimated 22 total savings be, Ms. Auditor, by doing this? We're going to 23 save a significant amount of money, aren't we? 24 MS. HARGIS: Yes. But you -- not under the salary, 25 but the additional group insurance and so forth, it'd 6-9-14 52 1 probably be in the $75,000 range. 2 COMMISSIONER REEVES: 75,000? 3 COMMISSIONER LETZ: Savings. 4 COMMISSIONER REEVES: Savings. 5 JUDGE POLLARD: Jason, would you approach and tell 6 us if you feel comfortable with this recommendation of the 7 Juvenile Board? Do you feel comfortable, and -- and you're 8 willing to do this, and you think you can handle it? 9 MR. DAVIS: Your Honor, Commissioner Baldwin -- 10 Commissioners, I appreciate the trust and faith that this 11 Court has placed in me. The stewardship of our children is 12 obviously of utmost -- paramount to me, and has been since 13 2006 when I came into my role as Chief Juvenile Probation 14 Officer here in Kerrville. I thank you. And, yes, Your 15 Honor, I believe there are some significant changes that this 16 Court would be making in -- in the structure. Not so much of 17 the facility, but by having the same individual fulfilling 18 both of the roles. I do think that we have a very, very 19 strong facility there. We have some fantastic individuals 20 that are working out there that have worked very hard, and I 21 believe that. With that being said, there are some 22 significant -- sorry, some minor changes structure-wise that 23 will probably need to occur, of course, with this Court's 24 approval. That's one of the things that I've seen as a 25 deficiency, is that that building was kind of operating as an 6-9-14 53 1 island unto itself, and -- and probably not coming to this 2 Court -- not probably, definitely not coming to this Court as 3 much as it should be. I see this not so much as a -- I see 4 it as a stewardship role, and basically me serving as a 5 liaison between the facility, their operations, the Juvenile 6 Justice Department, and this Court, and so that there's a lot 7 more involvement from this Court, from H.R., the Auditor on 8 the daily operations and functional control of that building. 9 And I -- again, I thank you all for this opportunity. 10 JUDGE POLLARD: But your -- your title wouldn't be 11 liaison. It's going -- 12 MR. DAVIS: Correct. 13 JUDGE POLLARD: You're going to be Director. 14 MR. DAVIS: That's exactly right. Yes, sir. 15 JUDGE POLLARD: All right. You're willing to do 16 that and think you're capable of doing it? 17 MR. DAVIS: I am, and I'm honored by the 18 opportunity, Your Honor. 19 JUDGE POLLARD: All right. That's all -- 20 COMMISSIONER LETZ: Got it out of him finally. 21 JUDGE POLLARD: Finally. (Laughter.) 22 MR. DAVIS: And I'm not a lawyer. 23 COMMISSIONER BALDWIN: Yeah. You're not a lawyer 24 and you're proud of it, aren't you? 25 MR. DAVIS: I better be quiet; I might get sued. 6-9-14 54 1 (Laughter.) 2 JUDGE POLLARD: All right. Thanks, Jason. 3 MR. DAVIS: Thank you all. 4 JUDGE POLLARD: Any further discussion? 5 COMMISSIONER BALDWIN: Well, I move that we appoint 6 Jason Davis as the Juvenile Detention Director, and give him 7 the stipend of $25,000. 8 COMMISSIONER LETZ: Second. 9 JUDGE POLLARD: All right. It's been moved and 10 seconded that we hire him as the director of that facility, 11 in addition to his other job as -- over Juvenile. And is 12 there any further -- and give him a stipend of $25,000 on top 13 of his current salary. Is there any further discussion? 14 COMMISSIONER REEVES: I think it's a very good 15 choice, and I think he's stepped up when he needed to, and I 16 think he can continue to do it. 17 COMMISSIONER BALDWIN: I like the way he buttons 18 his coat when he approaches the Court, though. It's my 19 favorite part. (Laughter.) 20 JUDGE POLLARD: All right. Apparently, there's no 21 further discussion. 22 MR. DAVIS: I'm going to have to remember that. 23 JUDGE POLLARD: Those in favor of that motion, 24 signify by raising your right hand. 25 (The motion carried by unanimous vote, 4-0.) 6-9-14 55 1 JUDGE POLLARD: It's 4-0, unanimous. 2 Congratulations, Jason. 3 COMMISSIONER BALDWIN: Thank you, Jason. 4 MR. DAVIS: Thank you all. 5 JUDGE POLLARD: 1.9; consider, discuss, and take 6 appropriate action to appoint -- that's it. 7 COMMISSIONER MOSER: That's it. 8 JUDGE POLLARD: That's it, all right. 1.10; 9 consider, discuss, and take appropriate action to open 10 responses to requests -- and this is a timed Item for 11 10 o'clock, so we're on schedule -- on Requests for Proposal 12 bids for the Kerr County Sheriff's Office radio system, refer 13 for evaluation and recommendation and award as appropriate. 14 Sheriff Hierholzer. 15 SHERIFF HIERHOLZER: Well, Your Honor, we only got 16 one bid. Most of the bidders backed out. We sent it to all 17 four, Trott Communications, our consultant on it. 18 JUDGE POLLARD: You scared them to death or what? 19 SHERIFF HIERHOLZER: May have. There's just a lot 20 of issues with that system, and we're trying to upgrade it 21 and get it done correctly. Motorola, I believe you'll see, 22 is the -- is the only bidder on the system. And it was sent 23 before, sent to E.F. Johnson, Tait, Dailey-Wells, who is our 24 current one, and Motorola. That's the four major ones across 25 the country. 6-9-14 56 1 JUDGE POLLARD: This is from Motorola Solutions, 2 Inc. 3 COMMISSIONER LETZ: That might be different than 4 that company. 5 JUDGE POLLARD: This one is different? 6 COMMISSIONER LETZ: I don't know. I mean, it's 7 from the same outfit, but it was all in that same big box. 8 SHERIFF HIERHOLZER: There were some options in it. 9 JUDGE POLLARD: Well, the letter from them dated 10 May 20, 2014, addressed to Clay Cassard, whoever that is, do 11 you know anything about that? 12 SHERIFF HIERHOLZER: Haven't opened the box yet, 13 Your Honor. 14 JUDGE POLLARD: Okay. Estimated contract price, 15 1,500,000. Let's see what this says right here. 16 R.F.P.-compliant total, 1,364,000. 17 COMMISSIONER LETZ: Judge, -- 18 SHERIFF HIERHOLZER: The five may be with the 19 options. I'd have to look at the R.F.P. 20 COMMISSIONER LETZ: -- I move we accept the bid and 21 return it to the Sheriff's Department to evaluate. 22 COMMISSIONER BALDWIN: I second that motion. 23 JUDGE POLLARD: Any further discussion? 24 COMMISSIONER MOSER: Are we okay just receiving 25 one -- one bid? 6-9-14 57 1 SHERIFF HIERHOLZER: The R.F.P. was sent; we have 2 all the documentation. 3 JUDGE POLLARD: Can you explain why -- you told me 4 why you thought you the others backed out. The usual bidders 5 didn't -- explain all that to the Court. 6 SHERIFF HIERHOLZER: Dailey-Wells has been our 7 current. He was -- Dailey-Wells out of San Antonio was the 8 one that put in the system we have in 2000, after we went out 9 for bids there. Motorola came in second on the bidding 10 during that one. The -- the history with our system is, as 11 Trott Communications told us when they -- when they came in 12 as the consultant, we were facing three primary issues; lack 13 of coverage, technology and equipment obsolescence, and 14 malfunctioning equipment. Our system went down twice just 15 this last weekend again, which really puts all our officers 16 in a dangerous situation. The officers had reported back in 17 even for coverage inside buildings, significant portions of 18 the city of Ingram, proximity around the Kerrville Municipal 19 Airport, large slots of the southeast section of the county, 20 and poor mobile radio coverage in many of the same above 21 areas. 22 What happened, to give you a long history, is one 23 is just degradation; you know, our system's old, okay? It's 24 all, like -- it's computerized systems. You can't find parts 25 to it any more. Back out at Granada, our main site where 6-9-14 58 1 everything is, you can walk in that building right now, and a 2 lot of the parts that we're using in this building still have 3 stickers on them from, like, Victoria ISD, where they have 4 spliced to put -- because they don't make this equipment any 5 more. So, we're having to upgrade all of it to what is now 6 called the Project 25, P-25 digital compliant, but still stay 7 with the VHF system. Because for us to be able to stay in 8 communications and where it looks like the State's going to 9 go, VHF is probably going to be the way to stay at this time, 10 but it's digital. All our car equipment already fits in 11 that. Dailey-Wells sent me a letter stating that their 12 supplier who they use, which is Harris, does not do Project 13 25 compliant systems, so they backed out of the bid. E.F. 14 Johnson just sent us a letter that they just were not going 15 to submit a bid, and Tait Communications we never heard from. 16 Those are your four major ones. 17 JUDGE POLLARD: The one that said they weren't 18 going to submit a bid, did they say why? 19 SHERIFF HIERHOLZER: No, they just said -- they 20 just sent us an e-mail -- E.F. Johnson -- saying that they 21 weren't, okay? And it's -- you know, Motorola has their 22 service center here, the Advantage Communications, and with a 23 lot of the equipment we have, which is Motorola-compliant, it 24 is probably easier to do the upgrades and switch out. If 25 you'll remember, a few years ago -- or last year, we were all 6-9-14 59 1 -- every radio system was required to be narrow band by the 2 F.C.C.; they required that. When we -- just not only our 3 degradation of the old equipment and obsolescence in it, and 4 that you can't replace parts any more, when we went 5 narrow-band with our total analog system, it cut down our 6 coverage even worse than we ever expected, okay? In fact, I 7 wasn't expecting it much at all, but it has really hurt the 8 coverage. And so -- 9 JUDGE POLLARD: Well, you've been having a lot of 10 trouble with your current system, a lot of breakdowns and 11 maintenance problems. 12 SHERIFF HIERHOLZER: Yes. 13 JUDGE POLLARD: And it's a -- it's just engineered 14 with a bunch of old -- 15 SHERIFF HIERHOLZER: It is now. 16 JUDGE POLLARD: There's no choice. 17 SHERIFF HIERHOLZER: When it was first put in, it 18 was great, and we had the coverage that was supposed to have 19 been guaranteed, and did work then, which was 98 percent 20 coverage with car radios throughout the county, and 95 21 percent coverage with hand-held radios, okay. And that's the 22 same coverage we're requiring in this bid. And, just because 23 of the old system, we're possibly getting 60, maybe 65 24 percent right now. 25 JUDGE POLLARD: Sheriff, I think you indicated 6-9-14 60 1 there was about 1.2 million set aside in the budget for this; 2 is that correct? 3 SHERIFF HIERHOLZER: I think originally we had 4 talked 1.2, 1.3 in it, okay, was what was set aside in your 5 C.O. 6 JUDGE POLLARD: Do you know? 7 MS. HARGIS: It was 1.1. 8 COMMISSIONER LETZ: 1.1. 9 JUDGE POLLARD: 1.1. 10 COMMISSIONER LETZ: But there are the other 11 projects in there, like the fire station, that -- you now, 12 things like that that may be deferred at this point; last 13 time we discussed it. 14 JUDGE POLLARD: I see. 15 COMMISSIONER LETZ: It looks like, looking at this, 16 Judge, that this 1.364 is the total, and there's also a lease 17 option for the same amount of money if paid over three years. 18 So -- 19 COMMISSIONER MOSER: Does this include support and 20 maintenance as part of the -- or is this just delivering the 21 equipment? 22 SHERIFF HIERHOLZER: It should for the first year, 23 and then -- like right now, we're paying -- I have to look in 24 the budget, Commissioner, but I believe it's about 28,000 a 25 year for maintenance on our current system. 6-9-14 61 1 COMMISSIONER MOSER: Are people not bidding because 2 they're concerned about the equipment -- the type of 3 equipment, and concerned about being able to -- 4 SHERIFF HIERHOLZER: I can't answer that question. 5 COMMISSIONER MOSER: Okay. 6 SHERIFF HIERHOLZER: I believe I have -- 7 JUDGE POLLARD: My concern is that with only one 8 person bidding, I'm not sure we're getting the best possible 9 price. 10 COMMISSIONER MOSER: I agree. 11 SHERIFF HIERHOLZER: I think you're probably -- 12 just dealing with radio systems and where they are and 13 everything, I think we're still -- that price range is still 14 definitely the best price we can get. I think if you 15 remember, there was probably some talk when this C.O. was 16 first being done that went out in the newspapers and 17 everything and said about what was going to be allotted for 18 the radio system and that, and that may have scared off a lot 19 of the other -- 20 JUDGE POLLARD: What's your motion? It was to -- 21 COMMISSIONER LETZ: Accept all bids -- or the bid, 22 and refer it to the Sheriff for evaluation and possible 23 recommendation. And recommendation as to whether we should 24 accept it, rebid it, whatever. 25 JUDGE POLLARD: And you said accept the bid, though 6-9-14 62 1 you didn't mean accept the price? 2 COMMISSIONER LETZ: No, we're accepting receipt of 3 it. 4 JUDGE POLLARD: Accept it for evaluation? 5 SHERIFF HIERHOLZER: What we would do at this time 6 is I'll send that to Trott Communications, our consultant. 7 They have no, you know, game in it other than just -- they 8 don't provide systems; they evaluate them. They help 9 counties do this. They did our other system, and I would let 10 them go through it with a fine-tooth comb and come back with 11 a recommendation to us, and put it back on the next agenda to 12 do that. 13 JUDGE POLLARD: All right. If the motion means 14 that, accept it for study, then -- then I think we can go 15 with it. And it's been made and -- that motion's been made 16 and seconded. Any further discussion? 17 SHERIFF HIERHOLZER: I would like to read you what 18 Dailey-Wells sent, since they were the ones -- it says, "We 19 are in receipt of your R.F.P., and after reviewing the 20 documents, we find the R.F.P. well written, and the 21 specifications will certainly provide you with an excellent 22 simulcast solution. Unfortunately, our primary supplier, 23 Harris Corporation, does not currently offer a VHF 24 conventional P-25 CAI simulcast solution. We have certainly 25 enjoyed seeing you and your department over the past 12 6-9-14 63 1 years, and I would like to personally thank you for your 2 patronage and kind considerations. Please don't hesitate to 3 call us if we can be of any service." 4 COMMISSIONER LETZ: Rusty, on that, is there -- are 5 we asking for too much? 6 SHERIFF HIERHOLZER: No. 7 COMMISSIONER LETZ: Okay. 8 SHERIFF HIERHOLZER: We're asking for the bare 9 minimum, is what... You know, city of Kerrville can get by 10 with a $200,000, $300,000 system, okay? They can use one 11 tower, one radio tower that sits out this way just a little 12 bit, and it will cover everything in the city, within 13 building coverage and everything else. Our system, we have 14 choices, and our system currently is a simulcast system. We 15 have four towers -- tower sites in the county to try and get 16 coverage. We have one at Center Point, one out Cypress Creek 17 Road, one off Highway 41, and the main tower site is off 18 Upper Turtle Creek. That gets us all the coverage we have to 19 have. Simulcast system, they're tied -- they're linked 20 together by microwaves, okay? And they all have to open 21 within milliseconds of each other when that radio's keyed up 22 and the guy's on the car radio or his portable. 23 We could have gone with different systems like the 24 city of Kerrville did, which is what San Antonio Police 25 Department and Bexar County have, but the problem you have 6-9-14 64 1 with that, that one tower operates off one radio frequency, 2 and it has a certain coverage area, okay? Another tower 3 operates off another frequency, and it has a certain coverage 4 area. In San Antonio and that and those very large areas 5 where they have multiple officers, you now, 100 of them 6 sometimes working an area, that's great, because that group 7 of officers is on that tower for their assigned district, and 8 they don't have to hear any of the traffic from all the rest 9 of that county, okay? Where our problem is, we don't have 10 that many officers working, so if I've got something that 11 happens in Center Point, okay, my officers all over the 12 county, and even in the city, officers need to be able to 13 hear that so they can immediately go down there. And as they 14 travel through the county, they don't need to be trying to 15 change radio frequencies, channels on their radio to see 16 which area they're in, okay, where you're working set 17 districts in San Antone. It's totally unfeasible; we can't 18 do it, so we have to have what's called a simulcast system. 19 And with the terrain in the hill country, that's what we're 20 looking at. And that's the biggest -- geographics and the 21 simulcast are the biggest things that this system has to 22 have. 23 COMMISSIONER MOSER: And even with that, you 24 only -- you don't get 100 percent -- 25 SHERIFF HIERHOLZER: No. 6-9-14 65 1 COMMISSIONER MOSER: -- coverage. 2 SHERIFF HIERHOLZER: Never get 100 percent. 3 COMMISSIONER BALDWIN: 98. 98 is not bad. 4 SHERIFF HIERHOLZER: And where you really have an 5 issue, you know, even with most officers, I mean, most 6 shootings and most time officers need help and are in a bad 7 circumstance, they're not sitting in that car. They're 8 outside the car, you know, dealing with the person they've 9 contacted or going up to a place, and the only thing they've 10 got is that portable radio. And we're only still going to 11 get 95 percent coverage with that portable radio. 12 COMMISSIONER LETZ: I think it's interesting to 13 look at it, 'cause there are -- the three-year option with no 14 interest may be doable, if this meets the rest of the 15 requirements, which I presume it would. 16 SHERIFF HIERHOLZER: Okay. 17 JUDGE POLLARD: All right. We have a motion on the 18 floor. There being no further discussion, I hope, those in 19 favor of the motion, signify by raising your right hand. 20 (The motion carried by unanimous vote, 4-0.) 21 JUDGE POLLARD: All right, it's 4-0. All right. 22 1.11; report from Pathways 3H on progress of their action 23 plan as previously submitted to the Court on May 27th, 2014. 24 Is Mr. Beene here? 25 MR. JOHNSON: It's Dan Johnson, sirs. 6-9-14 66 1 JUDGE POLLARD: Dan Johnson, okay. 2 MR. JOHNSON: Yeah. If you don't mind, I'll give 3 the report. 4 JUDGE POLLARD: Sure. 5 MR. JOHNSON: We are glad to be here today, and 6 thank you for the opportunity to talk about what we've done. 7 And so far, we've taken a lot of actions. We've actually 8 worked on our fence. We've got about 5,000 foot of fence 9 going in, and we've got about 2,000 of it up and completed, 10 and the rest of it is being installed -- probably not right 11 this second, with the rain we're getting. But I like rain. 12 So, it's going up as fast as they can. We've contacted, I 13 believe, 100 percent of the landowners that at least we knew 14 about that had had any kind of property destruction. We've 15 made restitution to 75 percent of those, and the other 16 remaining ones are -- we're still just trying to find out 17 exactly the total costs that they might have had happen to 18 their property. 19 As far as our management team is concerned, we've 20 basically completely changed that management team. I've been 21 on the ground almost 11 days. I've had my whole statewide 22 management team on the ground the whole time, and we've been 23 working very diligently to not only just increase the skills, 24 but to make sure that -- that what we need to do is getting 25 done as fast as it needs to get done. We're thankful for the 6-9-14 67 1 opportunity -- to have the opportunity to answer questions 2 for you. One of the things I'd like to say is, Sheriff, we 3 -- we didn't know we had a letter, and we did get a letter. 4 And the next day -- I think it was Thursday when I met with 5 my manager. I asked him, with my H.R. person, if he had 6 received a letter from the Sheriff's Office, and he said no. 7 He promised me he would have given it to me the second it got 8 there. When we went that afternoon to go through the office 9 and go through the secretary's office, we actually found the 10 letter unopened. 11 COMMISSIONER MOSER: This is a letter that said 12 what? 13 MR. JOHNSON: From the Sheriff, that the Sheriff 14 had actually sent when he -- 15 SHERIFF HIERHOLZER: The original one I read to the 16 Court in the last meeting. 17 COMMISSIONER MOSER: Oh, okay. 18 MR. JOHNSON: Yeah, and I had made a comment, I 19 hadn't gotten one. I just wanted you to know that we 20 actually had. So, any questions that you'd like to -- 21 JUDGE POLLARD: Yeah. What was the date of that 22 letter? 23 MR. JOHNSON: The 20th. 24 JUDGE POLLARD: Okay. 25 MR. JOHNSON: Yeah. 6-9-14 68 1 COMMISSIONER MOSER: So, in light of the issues, -- 2 MR. JOHNSON: Yes, sir. 3 COMMISSIONER MOSER: -- the fencing, the 4 containment, the management, if you list all of the issues, 5 have they all been addressed? 6 MR. JOHNSON: Well, they're being addressed, as far 7 as working on moving our property into -- moving back into 8 the ranch. You know, we're basically reducing our footprint 9 where we're operating our R.T.C. 10 COMMISSIONER MOSER: When I say "addressed," I mean 11 you've listed them all and there's action planned. 12 MR. JOHNSON: There are actions planned. There are 13 things that are happening. We have actually already 14 completely trained -- all of our staff have gone through 15 about 20 more additional hours of training. We've brought in 16 different trainers that are actually from T.C.U. and are 17 certified in T.B.R.I., which is a very different mode of 18 interventions. It deescalates children rather than 19 instigates issues, and we're pretty pleased with that. Now, 20 we've substantially reduced children away from camp. We've 21 probably had one issue or two issues where kids evaded 22 supervision for a little bit. We got them back rather 23 rapidly, and they didn't get any closer to -- except to I-10, 24 and so we feel pretty good about what we're doing. But the 25 biggest thing we've done, it allows us to really get a chance 6-9-14 69 1 to re-center our efforts and raise our quality standards to 2 what we want, as we shut down our intake process. And so 3 where we would have normally had 42 or 45 boys, that's down 4 to around 29 by the end of this week, and that allows us to 5 train. We're training up and actually doubling our manpower 6 inside the camp. So we're doing, as fast as we can, 7 everything that can be done, and we are keeping kids safe. 8 JUDGE POLLARD: Much greater staff-to -- we'll call 9 them students ratio; is that correct? 10 MR. JOHNSON: Yeah. So, it's -- the rule is 11 1-to-5, and we're operating at 1-to-4 right now. And we're 12 basically keeping it 1-to-15 at nighttime, asleep. We have 13 roving people, but we're doing 2-to-15 now. So -- 14 COMMISSIONER MOSER: One other question. You have 15 multiple facilities? 16 MR. JOHNSON: Yes, sir. 17 COMMISSIONER MOSER: And so when -- you know, at 18 the corporate level, you look at what your criteria, your 19 procedures and your processes and quality and guidelines, all 20 that stuff. 21 MR. JOHNSON: Yes. 22 COMMISSIONER MOSER: Okay? So, did this one just 23 fall out of the -- out of the hunt? Or -- I mean, you're 24 taking a lot of corrective actions here. 25 MR. JOHNSON: Yeah. So I would -- I would say -- 6-9-14 70 1 COMMISSIONER MOSER: Is this a unique problem, or 2 is this a generic problem, or -- 3 MR. JOHNSON: No. It -- you know, it's unique to 4 this facility, and I believe we -- I've been there numerous 5 times. We never fail to ask, "How can we help you?" When 6 we've identified areas that were problematic, we've -- I've 7 spent 30 days there many times, just every day working with 8 them to help them. I'm -- I'm actually a pretty skilled 9 caregiver myself. My wife and I started the company, and 10 we've fostered kids in our own home in its original start. 11 And, moreover, I would -- I would say in our land -- in our 12 world, what we do is not to be correctional-based; it's to be 13 nurturing-based. And what we've found over the last six 14 months was what we were using was a correctional mentality in 15 our intervention modes. And when you don't have high fences 16 and you're not built to try to contain children that way, 17 then when they get mad and angry, they de-escalate pretty 18 rapidly. And we were also built for a different client, and 19 I think their intake process, they weren't, as a team, 20 reviewing each one of those children the way they should 21 have, and they were accepting some kids that just shouldn't 22 have been there. So -- 23 COMMISSIONER REEVES: When you say -- when you say 24 "built for a different client," -- 25 MR. JOHNSON: Yeah. 6-9-14 71 1 COMMISSIONER REEVES: -- does that mean you were 2 built for a -- forgive me and my lack of terms, but a 3 lower-risk client, and you were accepting higher-risk? Or 4 what do you mean by you were built for a different client? 5 MR. JOHNSON: Well, that's a good way to state it. 6 I mean, the -- the answer would be that specialized kids, the 7 State of Texas works with an L.O.C. system; specialized, 8 moderate, and basic, and we've always been able to do all 9 three of those levels. The unfortunate side to it is there's 10 a lot of kids that are inappropriately leveled, and the State 11 doesn't do a great job of -- of building their packets. And 12 so if you aren't using your whole team to review those 13 packets, and that means your treatment director, your 14 clinical director, but you just have your program 15 administrator choosing kids and taking them, then you can 16 make everybody have to deal with a tougher child. You know, 17 our average boy has probably had 13 to 14 different 18 placements. That's -- that's true forever. And, you know, 19 kids grow up in many R.T.C.'s and residential centers. Our 20 campus is built not to allow that to happen, although these 21 kids, you know, are ones that are traditionally going to age 22 out in care. So, you've got to look at what child is right. 23 What is your current staff capable of doing, and what kind of 24 skills have they demonstrated? And you can't place somebody 25 and accept somebody that's off of that -- that type of kid. 6-9-14 72 1 COMMISSIONER REEVES: So, which do you have more of 2 at the Mountain Home -- 3 MR. JOHNSON: Well, which do we have more of? 4 COMMISSIONER REEVES: The -- which level? 5 MR. JOHNSON: In there, probably somewheres 6 around -- I wouldn't know today, this very second, but I 7 would -- I would guess that there's -- there's somewhere's 8 around a 40/60 rate as far as moderate/specialized. That in 9 itself isn't really the issue. It's how many of those same 10 kids have been in care and had a run history, so have they 11 ran for 15 times or 20 times, and did you pay attention to 12 that? And if so, it's about their history and where they've 13 been in care. They're not happy about being in care. They 14 haven't met many adults they can trust. And our company gets 15 kids out of care, and so we've started really changing the 16 conversation with children, and making sure they understand 17 they're -- they're in a place that believes they should grow 18 up in a home; they should get out of foster care. They 19 should not be aged out from foster care. And -- and that 20 conversation has made a big difference in just getting kids 21 to talk to us. We try to get them to use their words and 22 tell us what's wrong, not -- not swing a bat or get angry, or 23 think they've got to throw rocks at somebody to solve a 24 problem. 25 COMMISSIONER LETZ: Mr. Johnson, I mean, I 6-9-14 73 1 understand you've done a great deal in the last 30 days or 2 so. 3 MR. JOHNSON: Yeah. 4 COMMISSIONER LETZ: And I know that the facility 5 you have is needed and is a -- you know, you're working with 6 very difficult kids. My concern is that from talking and 7 from listening to the residents and from the Sheriff, this 8 isn't the first time. I mean, the facility has had problems 9 for years. And my concern is, kind of following what 10 Commissioner Moser was saying, you know, why did it take so 11 long for you to recognize that there's a problem in this 12 facility? The Sheriff went back I don't know how many years 13 for his 700 calls or whatever he's had out there. It's been 14 ongoing and ongoing, and there's been break-ins and 15 break-ins, and finally when it got to the -- to this Court, 16 it appears that you decided to take action. And I'm really 17 concerned about why you didn't take action before. 18 MR. JOHNSON: Well, I appreciate your question, and 19 I would say that we've done -- I wouldn't see that as how 20 we've responded to the crises we've had in the past. You 21 know, the challenge that we have is the same challenge that 22 anybody that -- there's probably 300 facilities that do what 23 we do in Texas, and they all face the same things, and that's 24 that the maladaptive behaviors of the kids we serve have 25 gotten extremely disruptive. That being stated, you know, 6-9-14 74 1 numerous reports that come from our facility are -- we 2 generate, so when you say that there have been a tremendous 3 number of burglary or destruction of private property, that 4 property's been destroyed on my land and on the 3H land, and 5 that we've called it in ourselves; we self-report. So, if we 6 were secret-keepers, we wouldn't have, and you wouldn't have 7 those -- that many reports. People that don't let law 8 enforcement know what's going on actually are more dangerous. 9 And, you know, so I would -- I would just counter to say that 10 we work hard to be accurate in our reporting. Most property 11 damage came at our own place; our windows were broken, our 12 vans were tore up. You know, a tremendous amount of those -- 13 and I don't really want to get in a tit-for-tat question 14 about that, because I don't think it will lead to a place 15 that shows we've destroyed a tremendous amount of personal 16 property off-ranch. I don't -- our typical kid, when he ran 17 away, left; he went home. So, it's -- the fact that kids 18 stayed close and destroyed local property is not something 19 that -- that's been going on forever. Not saying it hasn't 20 happened, but I'm saying that hasn't been -- when you hear a 21 number of different burglaries, that those happened in 22 facilities or in people's homes, you know, that would be -- 23 if so, I'd want to know it. 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER BALDWIN: Mr. Johnson, I want to ask 6-9-14 75 1 you a question. In your report, your new leadership, -- 2 MR. JOHNSON: Yes, sir. 3 COMMISSIONER BALDWIN: -- it shows that you have a 4 new executive director that has 20 years experience, and a 5 new administrator with 40 years experience. 6 MR. JOHNSON: Yes, sir. 7 COMMISSIONER BALDWIN: Where did you find people 8 like that? 9 MR. JOHNSON: Well, we were already hunting, 10 because we felt like we -- we needed to change our -- we just 11 had too many -- there were too many events on campus where 12 kids were destroying our vans and our windows, and we seemed 13 to continuously use correctional type thinking. And it's not 14 that that's bad; it's that we're not -- we don't have a 15 lockdown facility. We don't have a room to chunk kids into 16 and say, "You got to stay in this room." So, we'd been 17 hunting for the executive director for a long time, and gone 18 through a number of interviews, and got A.C., Adrian Chivera, 19 and he's an outstanding candidate. He is huge with staff. 20 We weren't looking for someone that -- that was an 21 administrator in the sense that he was a business suit. We 22 were looking for somebody that knew actually how to do the 23 work and could demonstrate, you know, what our work should 24 look like. Pat Foster was our administrator. When I spoke 25 to the leader of licensing, and they asked me what I was 6-9-14 76 1 going to do about our administrator, I told him who we'd 2 contacted and who I thought would accept the job, and he 3 said, "What a choice. That's outstanding. That will make a 4 tremendous difference." And he spent the weekend -- his 5 first day at work was last week. He was here all week, here 6 over the weekend, and worked directly with kids and staff 7 there. They're -- they're really great men doing this. 8 COMMISSIONER BALDWIN: So you removed your other 9 executive director and your administrator? 10 MR. JOHNSON: Yeah. He was -- 11 COMMISSIONER BALDWIN: And replaced them with these 12 two people here? 13 MR. JOHNSON: Our other administrator asked for 14 leave, and we gave him his leave of the month of July, so 15 he's really technically at work and on vacation, but yes. 16 COMMISSIONER BALDWIN: Okay. Well, that sounds 17 like a significant change to me. 18 MR. JOHNSON: It is. 19 COMMISSIONER REEVES: Sheriff, do you have anything 20 you'd like to add? And I see some citizens from Mountain 21 Home; I'm sure they would like to speak. 22 SHERIFF HIERHOLZER: I hope -- and I applaud them 23 for the work that they are doing, okay. I do have some 24 issues that still bring me great concern. After the last 25 Commissioners Court meeting, in fact, one of the attorneys 6-9-14 77 1 for C.P.S. that I sent this letter to -- and reading parts, 2 excepts out of it will probably explain it more than 3 anything -- is I wrote her on the 29th of May that, you know 4 there's another situation that occurred last night that makes 5 me even more concerned over the safety of the children that 6 are placed there. At approximately 7:16 p.m. last night, May 7 28th, 2014, my department received a call from a resident in 8 the Mountain Home area concerning two juveniles walking on 9 the interstate access road in the area of the youth ranch, 10 but on the opposite side of the interstate, and heading 11 towards the location known as Midway. 12 My office immediately contacted the youth ranch and 13 were advised that there were not any runaways, and that they 14 would have to check and get back with us. At this time, my 15 office had officers en route to the location. Prior to the 16 officers' arrival, we received a call back from the youth 17 ranch, an individual identified as "A.C." who is now the new 18 Executive Director, who advised the kids were from the ranch. 19 A.C. further advised the kids were not runaways, but just 20 that one was upset, and the other one was calming him down, 21 and that they had gotten the kids back. I'm even now more 22 concerned. He also stated in a conversation about a van 23 being up in the area. We did contact the resident that 24 called us, and residents that notified them, and they said 25 the only thing they saw was the two kids walking down the 6-9-14 78 1 opposite side of the interstate. 2 I'm now more concerned due to the fact that the 3 kids had to cross Interstate 10 to get to the location they 4 were seen, and apparently it was not known that they had left 5 the ranch. I'd already had a conversation with A.C. this 6 week, right after our Commissioners Court meeting that day, 7 that the ranch may possibly stop reporting runaways due to 8 the complaint that I filed, and that that would make an even 9 more dangerous situation for the children and the residents 10 in that area. The next day we had another one walking down 11 the interstate that we contacted the ranch on, and neither 12 one of those two did the ranch contact us. I am concerned. 13 I am still concerned. 14 JUDGE POLLARD: And they were from that 3H? 15 SHERIFF HIERHOLZER: They were from that 3H, both 16 calls. They said they did get them back. But we picked them 17 up, but we were contacted -- 18 COMMISSIONER MOSER: Is this prior to the fence 19 being -- 20 SHERIFF HIERHOLZER: I think the fence is in 21 construction now. 22 MR. JOHNSON: Yes, sir. 23 COMMISSIONER MOSER: Okay. 24 SHERIFF HIERHOLZER: So, I truly understand there's 25 a need for places like this. I'm 100 percent for it. But I 6-9-14 79 1 do have a lot of concerns over this one, and I think a lot of 2 the residents I've talked to have concerns. We just don't -- 3 we're not sure. If Mr. Johnson can somehow do something that 4 would ease everybody's tensions up there, I think it would be 5 great. But we know, and I have been advised by a lot of 6 those with C.P.S. and their investigators, this is kind of a 7 last place for the kids. It's -- a lot of it's when no other 8 places take them; it gets hard, but it also says what caliber 9 of kids we're dealing with. And I have a lot of concerns 10 over the safety of everybody in that area if there aren't 11 some strong security issues. The C.P.S. and I had a 12 conversation that when these kids walk off -- and his hands 13 are tied in this, too, okay? If there's one walking off or 14 trying to do anything, the only thing he can do is follow 15 them, because under the rules, they're not allowed to lay a 16 finger on them. And as I was told, that's our job. 17 COMMISSIONER MOSER: Well, I when I asked 18 Mr. Johnson a while ago if they've identified every issue, 19 and every issue is being addressed, and it was to the 20 affirmative, and -- but we also know that everything hasn't 21 been done yet. And just skipping ahead to what Commissioner 22 Reeves' resolution is going to say, is that, you know, we 23 support the actions, but we're going to have to make sure 24 that it happens. 25 SHERIFF HIERHOLZER: I was glad to hear Mr. Johnson 6-9-14 80 1 say that the -- y'all have quit taking intake -- 2 MR. JOHNSON: Yes, sir. 3 SHERIFF HIERHOLZER: -- at this time, because what 4 I was advised by somebody higher up in C.P.S. is they had 5 applied for 15 more kids than what we they have now. And 6 also, the 1-to-5 ratio is a minimum ratio, so -- by the 7 State. 8 COMMISSIONER MOSER: Okay. 9 SHERIFF HIERHOLZER: Thank you. There may be some 10 of the residents that will speak. 11 JUDGE POLLARD: Is there anybody in the audience 12 that wishes to address this issue? 13 MR. DIERINGER: I would. 14 JUDGE POLLARD: Mr. Dieringer? 15 MR. DIERINGER: Yes, sir. Morning. I just have 16 one more thing. After the Commissioners Court last Tuesday, 17 we left here. I had gone home, and when -- well, I went back 18 to work, and on the way home I stopped by the Mountain Home 19 Post Office, and I saw a lady over there, an older lady that 20 her husband is on dialysis and in a wheelchair. And she 21 was -- I was talking to her about this situation, what's 22 going on. She didn't know nothing about it, and she lives 23 right on the side of Midway. And she said that Monday 24 afternoon, the day before the last court, she -- she was 25 there on her front porch, and a young man come walking down 6-9-14 81 1 the road all by himself. Again, nobody around, about a 2 16-year-old kid walking down the highway. And I just -- you 3 know, I mean, that happened. 4 That was Monday, and then the Sheriff has two calls 5 on Tuesday. It's just -- it's still scary. I mean, this 6 past Sunday -- this past Sunday -- excuse me, it would be 7 Saturday night, my dogs going -- have been going crazy at 8 nighttime again, you know, and with them not calling in, and 9 knowing, you know, the area where my dogs were barking, it's 10 the same area those kids are coming from, the direction onto 11 the side property there. It's just still very rough out 12 there, you know, of these kids getting away and not knowing 13 where -- you know, or not knowing if these kids are out 14 there. It was just still not -- I still don't feel safe 15 walking outside, you know. I just -- you know, I mean, and 16 there's still -- I mean, all the spots that they said they 17 were, they've been taken care of. Now, there are a lot of 18 spots out there. 19 And I've talked since this has gone on, and more 20 and more neighbors have been talking about it, and I think 21 still, since my house was broken into, that was a house that 22 somebody lives in, versus most of these houses that have been 23 broken into are hunting cabins or, you know, houses that are 24 for sale. You know, that's what I'm worried about. And the 25 more people I talk to, you know, their house was broken into 6-9-14 82 1 last year back on Rough Creek; their house was broken into 2 last year, and another house was broken into, and they just 3 thought it was people coming through, you know, that are 4 breaking into them, going through them and just -- you know, 5 and leaving. You know, and it seems like it's just more and 6 more is coming out of the woodwork now. 7 JUDGE POLLARD: All right. Thank you, Darrell. 8 MR. DIERINGER: Thank you, sir. 9 SHERIFF HIERHOLZER: One thing I failed to mention 10 in the last issue that brought it to this Court with the ones 11 that got away, and we had all the burglaries. Just to get 12 the Court hopefully to understand how serious I think this 13 safety is, when our officers got into a foot chase with those 14 three that cut, there was three of those landowners right 15 there with us, standing close, and they were on their own 16 land, okay? One was carrying an AK-47. The other one was 17 carrying a rifle. The other one had a pistol on their hip. 18 And they're on their property, and they're going to protect 19 their property. I'm concerned. 20 COMMISSIONER MOSER: Well, you know, we keep -- 21 here's where I see this thing. We've had problems. I think 22 the problem -- you know, you can't solve a problem unless you 23 define the problem, and that's the reason I asked, have we 24 defined the problems here? I think this is a lot of, you 25 know, history in the past. The problems may still exist, or 6-9-14 83 1 in the future. Hopefully they won't. But the only thing you 2 can do is say, "What options do we have?" As I say, we've 3 identified the problems. There's a plan to correct the 4 problems. They haven't -- all the actions haven't been 5 implemented yet. I don't know what else we can do, other 6 than give the -- give them the opportunity to fix it and see 7 if they fix it. 8 COMMISSIONER REEVES: I would like to say that I 9 feel that I want to make sure this Court has exhausted any 10 and all means that we may have, which I realize is limited. 11 I still would hope that the County Attorney can investigate 12 any means that we may have available to us and report back. 13 I know Sheriff Hierholzer is doing what he can; Constable 14 Huffaker is as well. But my biggest concern is for the 15 citizens. I realize the economic impact Mr. Johnson has 16 quoted, but that's not really my concern on that. It's the 17 people that live out in the western part of the county that 18 are afraid to go to their homes. Nobody, regardless of what 19 side of the county you live, needs to be afraid to go to 20 their homes, and if they're afraid to go home, or afraid -- 21 and I'm -- I know Darrell very well, and for him to be afraid 22 to go to his house is serious. I think what the Sheriff said 23 is also serious. The landowners out there -- and I don't 24 look at them as vigilantes or anything like that, but they're 25 protecting their property, and there could be something more 6-9-14 84 1 serious. We don't want anything to happen to anybody, 2 whether it's the residents at 3H or a homeowner, but our 3 people out there have to feel safe. And I want to continue 4 to monitor this. I trust Mr. Johnson will keep us updated on 5 a regular basis. But, Sheriff, refresh what you just said. 6 You were told about they're not calling in the runaways, or 7 it's your job? I didn't -- wasn't sure what you were saying 8 there. 9 SHERIFF HIERHOLZER: No. What I referred to was 10 the calls we had right after this last Commissioners Court 11 meeting, which, of course, every call coming in the Sheriff's 12 Office and phone conversation is recorded. We all know that. 13 I don't have a means in this court right now, except maybe 14 one of y'all's laptops, to play it. But I am concerned, 15 especially after the next two calls we had out there, after 16 this Court, whether or not we're going to truly be called on 17 every incident as we need to be so that we can take any 18 action that we need to take to protect the kids further. I 19 mean, if the kids -- two kids are walking down the opposite 20 side of the interstate, down the access road, okay -- and I'm 21 told that they're not runaways; they're just venting. I'm 22 not sure about that. They can walk on their 100-something 23 acre ranch. I think it's very dangerous to be crossing that 24 road at 7:15, 7:19 at night. And when we were notified, we 25 weren't notified by the ranch; we were notified by 6-9-14 85 1 landowners, okay. And then when we called the ranch, they 2 did not know they were missing any, and then they called us 3 back and said, "Oh, yeah, but they're just venting because 4 they didn't like -- one of them got angry at game night, and 5 we had our van in the area." But when I contacted the -- had 6 my chief deputy contact the people that called us, they never 7 saw any van in the area with them. And then the next day, 8 Wednesday, another one walking down the road. And we 9 contacted them, and they went and returned him. That's my 10 concern. Are we going to be notified? It's kind of a 11 Catch-22 for me. I don't have the manpower, as y'all all 12 well know, -- 13 COMMISSIONER MOSER: Right. 14 SHERIFF HIERHOLZER: -- to spend all the time out 15 there, but I'm also concerned if we're not going to be 16 getting called. It's a double-edged sword. 17 MR. JOHNSON: Can I -- let me answer that. So, one 18 of the things is -- is that you will get called. I'll make 19 sure of that. And we won't have people leave the grounds if 20 we know it, and you're not called. That -- that situation 21 with the two boys that were out there, they were actually 22 venting. There was actually a van about 100 yards away from 23 them. And the one boy was -- was actually the best friend of 24 the other kid, and he was telling him, "Hey, you need to calm 25 down and come back." And they turned around, walked back to 6-9-14 86 1 the van, and -- and came back onto the ranch. The other 2 child, I was there when your deputy came on, and he had 3 gotten away from up at the schoolhouse, gone to the 4 interstate to look for cigarettes, and as soon as he saw the 5 Sheriff's deputy, he went racing back onto the land. And I 6 think they were -- I don't know if staff were close or not, 7 but I was there up at the cabin, got the kid, and I kept that 8 kid with me all day. That young boy was, by the way, 9 discharged the next day. The young boy who was angry and 10 walking down the interstate that Wednesday, another child 11 with him, he was discharged this last week. 12 COMMISSIONER LETZ: Mr. Johnson, do y'all have any 13 electronic devices that you can -- that you can monitor the 14 kids, you know, when they leave the facility? 15 MR. JOHNSON: Yes. 16 COMMISSIONER LETZ: Or is that something -- 17 MS. GRINSTEAD: Right. So far, we haven't been 18 allowed to put things on kids that would actually track them, 19 by rule. We're doing a lot of things that will help us along 20 those lines. But if we could, I would. 21 COMMISSIONER LETZ: So that's something that the 22 State doesn't allow for this type of facility? 23 MR. JOHNSON: Yeah. At this point in time, we 24 haven't seen anybody allowed by it. I'm not against asking 25 if I could, but we actually expect that -- that the 6-9-14 87 1 interventions that we're using now will actually have less 2 children get angry to the level that they have to feel like 3 that's the answer to their problem. So -- 4 JUDGE POLLARD: Thank you, Mr. Johnson. Well, 5 Commissioner Reeves, do you have a resolution or something 6 you want to present? 7 COMMISSIONER REEVES: Yes, if you want to call the 8 next item, Judge. That's a separate -- 9 JUDGE POLLARD: Consider, discuss, and take 10 appropriate action on a resolution regarding Pathways 3H 11 Youth Ranch. Commissioner Reeves. 12 COMMISSIONER REEVES: Yes. The Court all received 13 a copy of the resolution. I'd like to read it into the 14 record, if that's okay: Resolution of the Kerr County 15 Commissioners Court. Whereas, 3H Pathways Youth Ranch in 16 Mountain Home, Texas, has operated as a licensed facility 17 caring for abused and neglected children since 1990; and 18 whereas, 3H Pathways Youth Ranch in Mountain Home has 19 provided support, housing and guidance to over 1,200 youth in 20 the past 24 years of operation, with 90 percent of the 21 children coming from abuse and neglect backgrounds, not from 22 the juvenile justice system; and whereas, Kerr County 23 Commissioners Court acknowledges the need for facilities to 24 house youth who have been victims of abuse and neglect; and 25 whereas, property owners and residents of the area around 3H 6-9-14 88 1 Pathways Youth Ranch should not be placed in fear of personal 2 property loss or possible threats to personal safety; and 3 whereas, Kerr County Commissioners Court supports the actions 4 of the Kerr County Sheriff's Office, Constable Precinct 4, 5 and other law enforcement agencies that have responded to 6 multiple recent incidents at the 3H Pathways Youth Ranch and 7 to residences and properties in the facility's surrounding 8 area; and whereas, owners and managers of 3H Pathways Youth 9 Ranch have acknowledged the additional challenges to the law 10 enforcement personnel countywide because of the number of 11 calls for service related to incidents at or around the 12 facility in recent months, and have committed themselves to 13 an action plan to immediately correct issues of concern to 14 the community. Therefore, be it resolved, Kerr County 15 Commissioners Court supports the efforts of the 3H Pathways 16 leadership team to correct issues at the facility, and 17 requests regular updates to the Court and Texas Department of 18 Family and Protective Services regarding the progress made to 19 address the aforementioned issues. Signed this 9th day of 20 June, 2014," by this Court. 21 COMMISSIONER LETZ: Is that a motion? 22 COMMISSIONER REEVES: That's my motion. 23 COMMISSIONER LETZ: Second. 24 JUDGE POLLARD: Been moved and seconded that that 25 resolution be approved as -- as a resolution of the Court. 6-9-14 89 1 Is there any further discussion? 2 COMMISSIONER LETZ: Yeah. I'll just make a 3 comment, that, you know, the resolution is -- basically, to 4 me, it's a statement of fact more than anything else. It's 5 not trying to say anything against 3H or their management or 6 anything else. It's just putting it of record that we're 7 concerned with the facts currently, and it doesn't say we 8 don't support the youth ranch; I don't want -- so I think 9 it's a -- exactly that, a statement of facts. It's not a 10 negative resolution towards the 3H Youth Ranch. 11 COMMISSIONER MOSER: And I would second what you 12 just said, too. And I think what Commissioner Reeves has 13 identified here, there are all those issues, but there's a 14 plan of action, okay. And we support what's -- what's being 15 planned, and please report back to us. And make sure that -- 16 you know, that the issues are addressed and the issues are 17 solved. And if they do that, then I think -- 18 COMMISSIONER REEVES: But we also support people 19 that live out there. 20 COMMISSIONER MOSER: Absolutely. 21 COMMISSIONER REEVES: That have a fear for their 22 own safety. 23 COMMISSIONER BALDWIN: And law enforcement. 24 COMMISSIONER REEVES: And law enforcement. 25 COMMISSIONER MOSER: So -- 6-9-14 90 1 COMMISSIONER BALDWIN: I commend Commissioner 2 Reeves; it's a very balanced document. Very balanced 3 document. Thank you for doing that. I wonder where the 4 doggone thing is; I want to sign. Do we have one? 5 COMMISSIONER MOSER: We got to vote. 6 JUDGE POLLARD: All right, vote. Those in favor of 7 the motion, signify by raising your right hand. 8 (The motion carried by unanimous vote, 4-0.) 9 JUDGE POLLARD: It's 4-0, unanimous. Is it set up 10 for everybody to sign? 11 COMMISSIONER REEVES: That is correct. 12 JUDGE POLLARD: Okay, good. We'll pass it around 13 and sign it now. 14 COMMISSIONER REEVES: That's what I'm doing, Your 15 Honor. 16 COMMISSIONER LETZ: The resolution refers to 17 regular reporting. What is in your mind, since they're here? 18 COMMISSIONER REEVES: I would like at least once a 19 month. 20 MR. JOHNSON: Sure, be glad to. 21 COMMISSIONER LETZ: And they have to come to the 22 Court? 23 COMMISSIONER REEVES: I would like it to be 24 addressed to the Court so it will be on public record. And 25 if the citizens of the area or the Sheriff would like to 6-9-14 91 1 respond, they will have the opportunity to respond as well. 2 MR. JOHNSON: That's good. Appreciate it. 3 COMMISSIONER REEVES: Is that all right with the 4 citizens from out there, that they could come hear it once -- 5 once a month? 6 JUDGE POLLARD: Is that acceptable to you too, 7 Mr. Johnson? 8 MR. JOHNSON: Yes, sir. That's fine; be glad to. 9 COMMISSIONER BALDWIN: Done. 10 JUDGE POLLARD: There it is. 11 COMMISSIONER MOSER: Okay. 12 JUDGE POLLARD: Okay. Let's move on to Item 1.13; 13 consider, discuss, and take appropriate action to set rental 14 rate for the River Star Arts and Event Park. Jody? 15 MS. GRINSTEAD: As of approximately maybe a week, 16 week and a half ago, we've been given permission to use River 17 Star to rent it out, but not the buildings. My main concern 18 is I've got that family reunion coming in July. She knows 19 that; she's going to be renting port-a-potties. She'll be 20 taking care of everything else. But I just need permission 21 to rent it to her for that family reunion and set the fee. 22 JUDGE POLLARD: Does that mean the pavilion can't 23 be rented? 24 MS. GRINSTEAD: I think the pavilion, but not the 25 restrooms or the office area. 6-9-14 92 1 COMMISSIONER LETZ: The two portable buildings. 2 COMMISSIONER REEVES: It's the buildings in 3 question; is that correct? 4 MS. STEBBINS: Yes, sir. 5 COMMISSIONER MOSER: So, everything except the 6 buildings that can be closed. 7 MS. GRINSTEAD: Right. 8 COMMISSIONER LETZ: And that's -- was that 9 permission for only this event, or for other events? 10 MS. STEBBINS: No, I think we can go ahead and 11 start renting it out for other events, and defray some of 12 the -- 13 JUDGE POLLARD: This one she's asking for, this 14 event is for what? 15 MS. GRINSTEAD: It's a family reunion, July 12th 16 and 13th. 17 COMMISSIONER LETZ: We actually authorized this 18 before we knew that we couldn't do this. 19 COMMISSIONER MOSER: So, power and water is 20 provided? 21 MS. GRINSTEAD: Yes, sir. 22 COMMISSIONER MOSER: And -- 23 JUDGE POLLARD: Is there a certain area of it that 24 they're interested in? 25 MS. GRINSTEAD: I don't know. They've rented it in 6-9-14 93 1 the past. This is what they've used annually. So, she was 2 kind of even to the point we got to, "Okay, can we..." She 3 wanted to use Flat Rock Lake, and then she asked would it be 4 okay -- that's kind of what started this again, was because 5 we don't allow camping out there. She asked, "Could I put up 6 some tents just for overnight and have, like, maybe two 7 people stay to watch them?" So, I think they're just -- they 8 were willing to be at Flat Rock Lake. They just need an area 9 for their family reunion. 10 COMMISSIONER REEVES: And we have legal permission 11 from the trustee? 12 MS. STEBBINS: I went -- 13 COMMISSIONER REEVES: Or opinion? 14 MS. STEBBINS: I went to the bankruptcy attorney 15 who's been the one advising us since before I got here, and 16 told him what's been going on, and let him know what we'd 17 like to do, and he said, "Really, I think that you should, 18 because it will help defray some of the damages," because 19 we're getting some income back. And he doesn't see much risk 20 at all in permitting this use of the property. So long as 21 we're not permitting people to use the restrooms and then the 22 business office, he thinks that we -- our risk is minimal. 23 COMMISSIONER LETZ: Okay. 24 JUDGE POLLARD: So this is not -- this is not being 25 presented to the bankruptcy judge? 6-9-14 94 1 MS. STEBBINS: This has not been presented to the 2 bankruptcy judge, no, sir. 3 JUDGE POLLARD: Okay. 4 MS. STEBBINS: The lease that we are operating 5 with, the S.B.A., now that they took over that lease, does 6 not exclude our use of the property. 7 COMMISSIONER LETZ: The bankruptcy judge doesn't 8 have the lease; the S.B.A. has the lease. 9 JUDGE POLLARD: The bankruptcy judge has 10 jurisdiction over all this. 11 COMMISSIONER LETZ: Over all. 12 JUDGE POLLARD: It's an asset that's in the 13 bankruptcy. 14 COMMISSIONER LETZ: Okay. 15 COMMISSIONER BALDWIN: Do you have recommended 16 rates? 17 MS. GRINSTEAD: Well, Tim and I discussed it. It's 18 really just an open area. We were talking about maybe $100, 19 because there's no -- it's really just an open area park. 20 COMMISSIONER BALDWIN: That's the whole piece of 21 property? 22 MS. GRINSTEAD: Yes, sir. 23 COMMISSIONER LETZ: That seems too cheap to me. 24 MR. BOLLIER: There's nothing we have to do for 25 them. There's no bathrooms to clean up. They can take care 6-9-14 95 1 of themselves. 2 COMMISSIONER MOSER: How about cleanup? 3 MS. GRINSTEAD: We won't have staff there. 4 MR. BOLLIER: Do that after it's over, sir. 5 COMMISSIONER MOSER: I know, but it will cost. 6 MR. BOLLIER: As long as they put it in the trash 7 can, it shouldn't be much of a problem. 8 COMMISSIONER LETZ: How about $100 plus a $200 9 cleanup deposit? 10 MS. GRINSTEAD: That's fine. I mean, there would 11 still be a cleanup deposit, but I'm just talking rental 12 rates. 13 JUDGE POLLARD: And that's just for this one event. 14 $100 is too cheap, period. 15 COMMISSIONER LETZ: I think that pavilion, I'd -- 16 you know, I don't want to get in -- 17 COMMISSIONER MOSER: Well, with the outdoor arena, 18 we charge $150, and that's a pretty -- I mean, that's an 19 expensive piece of property, the outdoor arena. So -- 20 MS. GRINSTEAD: And there's much more involved. 21 There is no tables, no chairs. 22 COMMISSIONER MOSER: I don't think $100 is too low, 23 especially with a cleanup deposit. 24 COMMISSIONER LETZ: I think at this point, that's a 25 reasonable amount, considering there's no restrooms and 6-9-14 96 1 they're going to have to bring in port-a-potties. 2 COMMISSIONER MOSER: Right. 3 COMMISSIONER LETZ: And by the time we get the 4 restrooms, I think we maybe want to revisit -- 5 MR. BOLLIER: You got to revisit it once we get the 6 rest of it. 7 COMMISSIONER BALDWIN: Make a motion. 8 COMMISSIONER LETZ: I'll make a motion that we set 9 the rate at $100 with a $200 -- 10 COMMISSIONER BALDWIN: Second. 11 COMMISSIONER LETZ: -- cleanup deposit. 12 JUDGE POLLARD: Been moved and seconded to set the 13 rate at -- rental rate at $100, and a cleanup deposit of 14 $200. Is there any further discussion? 15 COMMISSIONER LETZ: Yeah, a question. Is this for 16 this event only, or is this for any other events that come up 17 in the -- I mean, and the reason I say that, there is one 18 other group that I know you have talked to already. It's -- 19 the state pork producers are at a loss to have a spot to hold 20 a picnic. Kenneth Kensing called me about this, and -- but 21 it's a -- it's a big deal, and it potentially could be using 22 our whole facility next year, a lot more of the property. 23 But he's asked if there -- but there may be some -- I'm not 24 sure, you know. So my question is, is this for only one 25 event or multiple events? To me, this is just a temporary 6-9-14 97 1 rate. If y'all want to use it for the -- 2 COMMISSIONER MOSER: I'll amend the motion to be 3 that's our -- our rate for right now, until we get other 4 facilities that we can include in this. 5 COMMISSIONER BALDWIN: I agree with that. 6 COMMISSIONER LETZ: Okay. But it doesn't preclude 7 other -- 8 COMMISSIONER MOSER: Right. 9 COMMISSIONER LETZ: -- people using it. 10 COMMISSIONER MOSER: Right, yeah. 11 COMMISSIONER BALDWIN: I want to use it. 12 JUDGE POLLARD: All right. Is there further 13 discussion? 14 MR. BOLLIER: I have a question. We have -- the 15 County, since we're just now taking that over, we have no 16 policy over there, any kind of ground policy. I mean, do the 17 people understand that when they rent that place, there's no 18 open fires and stuff like that? I mean, we have to -- you 19 know, we need to lay down something for them to go by, some 20 kind of policy. 21 COMMISSIONER REEVES: Probably so, but there's 22 nothing -- 23 MR. BOLLIER: I mean, we don't have anything as far 24 as I know of. 25 COMMISSIONER REEVES: Just setting the rental rate 6-9-14 98 1 right now. 2 MS. GRINSTEAD: That can all be added to the 3 contract. I mean, because I'm going to have to amend the 4 contract to include that they pay for the port-a-potties if 5 they bring them. I mean, there'll be amendments. Heather 6 and I can work on it. This lady's already reserved them, 7 because, again, we told her she could; then we told her she 8 couldn't. You know, she's -- she's all ready. 9 COMMISSIONER LETZ: Okay. 10 JUDGE POLLARD: Those in favor of the notion, 11 signify by raising your right hand. 12 (The motion carried by unanimous vote, 4-0.) 13 JUDGE POLLARD: It's 4-0, unanimous. 14 COMMISSIONER LETZ: There's a timed item at 10:30. 15 JUDGE POLLARD: Pardon? 16 COMMISSIONER LETZ: 1.15 is a timed item for 10:30. 17 JUDGE POLLARD: 1.5? 18 COMMISSIONER LETZ: 15. 19 COMMISSIONER MOSER: 15. 20 JUDGE POLLARD: All right. Let's jump over to 21 1.15; consider, discuss, and take appropriate action on a 22 request from Hill Country Napa Auto Care to use the 23 courthouse grounds for a blood drive. Ann Moss. 24 MS. MOSS: Your Honor, I'm here. I'd like turn it 25 over to our secretary, Cindy Junek Colbath. 6-9-14 99 1 MS. COLBATH: Good morning. The Hill Country Napa 2 Auto Care Development Group is actually a bunch of service 3 centers that -- that care for your cars and your trucks. 4 They're actually reputable, independently-owned, and they are 5 also part of the Napa Auto Care Center organization. Napa, 6 in the month of July -- this is on our corporate national 7 level -- gives back through the Intrepid Fallen Heroes Fund. 8 For every battery installation, any starter or alternator, 9 there's a rebate that's done at the counter, and the customer 10 has the option of taking the money or donating the money. 11 Any money that's donated, Napa Corporate turns around and 12 matches a certain amount of those funds. Their goal this 13 year is to raise a million dollars, and in -- just for the 14 month of July, and so this group has taken on what we would 15 like to be the first annual group that we would want to do a 16 particular -- a particular variety of -- I'm sorry, variety 17 of activities. 18 This has grown to be a little bit more than the 19 Napa Auto Parts store, which is just right across the street 20 here, can handle. We would like to see if we could rent or 21 just have the permission to use your facility out here at the 22 courthouse, maybe a little bit of electricity we'd be happy 23 to pay for. We already have liability insurance through Napa 24 Corporate. And we'd be doing a blood drive; we'd be doing 25 hot dogs, bottled water, lemonade. We also have a -- Rev FM, 6-9-14 100 1 KVRL is going to be a doing live remote for an hour during 2 this time period, and they'll be giving away Schlitterbahn 3 tickets. We've also spoken to the group in general. They'll 4 have all of their employees out. We'll be giving some advice 5 on some -- some of the people's auto care concerns. We won't 6 be doing anything under the hood; we wouldn't be under 7 anybody's vehicle or anything. But this is just to promote, 8 again, the veterans, and then also the business development 9 group and what they bring to this community. 10 COMMISSIONER MOSER: What are you asking? You're 11 asking for a place to put a bloodmobile van, or -- 12 MS. COLBATH: Yes. 13 COMMISSIONER MOSER: -- facility or what? 14 MS. COLBATH: The bloodmobile van will come out. 15 We'll also have a live remote from the radio situation. 16 COMMISSIONER MOSER: How much -- how much real 17 estate do you want? 18 MS. COLBATH: I have no idea at this point. 19 COMMISSIONER MOSER: Oh, okay. 20 COMMISSIONER REEVES: When is it? 21 COMMISSIONER LETZ: The parking lot? 22 MS. COLBATH: I'm sorry, it's July 19th, which is a 23 Saturday. It's from 10:00 a.m. to 2:00. We'd kind of like 24 it before that so we can set it up, and then also to clean 25 up. 6-9-14 101 1 COMMISSIONER MOSER: But do you just want the 2 parking lot or what? 3 MS. COLBATH: Well, the parking lot, maybe a little 4 bit of shade; that would be nice as well. We are -- we're 5 going to try to get some porticles out, so -- because it's 6 going to be hot. And that's why we would like to, you 7 know -- 8 COMMISSIONER MOSER: What I'm trying to ask you is, 9 do you want the entire grounds, or do you want 10 percent or 10 50 percent or -- 11 COMMISSIONER REEVES: Are you needing it like a -- 12 like Market Days does? 13 MS. COLBATH: Sort of like what Market Days does, 14 yes, absolutely. We would be no bigger than Market Days. 15 COMMISSIONER REEVES: And this is to help the 16 veterans, Wounded Warriors? 17 MS. COLBATH: That's correct, and then to raise 18 money so that we could give it to Fallen Intrepid fund. Also 19 in your packet that I gave you, I explained what the Intrepid 20 Fallen Heroes Fund was, and then also their organization and 21 their website as well. We'll also be giving away T-shirts 22 for anybody that gives blood. The Business Development Group 23 paid $5 for these T-shirts each. A dollar of those funds 24 goes immediately over to the Fallen Heroes Intrepid Fund, and 25 then we'll also be trying to get people to donate money 6-9-14 102 1 towards getting a T-shirt. We're not selling the T-shirts. 2 We're not selling hot dogs. We're just giving away and 3 hoping people donate. 4 COMMISSIONER MOSER: So, it's -- you're requesting 5 the use of the courthouse grounds, all of them, which 6 essentially Market Days takes up the whole thing. 7 COMMISSIONER REEVES: There's no conflict? 8 MS. GRINSTEAD: No conflict. 9 COMMISSIONER REEVES: And it's to help a good 10 cause. 11 COMMISSIONER MOSER: Yeah. It just doesn't -- in 12 the motion, it doesn't saying anything about what they're 13 using it for. Doesn't saying anything about the -- 14 MS. COLBATH: It's the packet that I had put -- I 15 had supplied to you guys. 16 COMMISSIONER LETZ: Yeah. 17 MS. COLBATH: Did y'all not get them? 18 COMMISSIONER LETZ: We got that e-mailed to us, I 19 believe. I know I read it somewhere. 20 COMMISSIONER MOSER: Yeah. I'm sorry, yeah, yeah, 21 yeah. Okay. 22 JUDGE POLLARD: You're committed to clean up, and 23 no damage to the -- 24 MS. COLBATH: Absolutely. 25 JUDGE POLLARD: Okay. 6-9-14 103 1 COMMISSIONER LETZ: I'll make a motion to approve 2 the request for the Hill Country Napa Auto Care to use the 3 courthouse grounds for a blood drive and associated event 4 July 19th, 2014. 5 COMMISSIONER BALDWIN: 10:00 to 2:00. 6 COMMISSIONER LETZ: 10:00 to 2:00. And coordinate 7 with our Maintenance Department about where to set up, things 8 of that nature. 9 MS. COLBATH: Absolutely. And could we buy your 10 electricity as well, if we need porticles? 11 COMMISSIONER LETZ: You can maybe give a donation 12 to our general fund. 13 MS. COLBATH: Perfect, we'll do that. 14 COMMISSIONER BALDWIN: I second that emotion. 15 JUDGE POLLARD: That emotion? 16 COMMISSIONER BALDWIN: Yeah, this is an emotional 17 thing to me. I can't figure out how in the world you get a 18 couple of radios stations and food and all that before you 19 secure the facility. How you -- 20 MS. COLBATH: Well, we -- 21 COMMISSIONER BALDWIN: Don't answer me, please. 22 (Laughter.) 23 MS. COLBATH: We started out in one -- one 24 location, and it got too big for us. That's why we're asking 25 for yours. 6-9-14 104 1 COMMISSIONER BALDWIN: Thank you. 2 JUDGE POLLARD: Okay. Those in favor of the 3 motion, signify by raising your right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0. All right. 6 COMMISSIONER LETZ: Kathy, do you need a break? 7 JUDGE POLLARD: Thank you. All right, go. We'll 8 have -- we'll take a five-minute recess, okay. I want to 9 move. 10 (Recess from 11:06 a.m. to 11:11 a.m.) 11 - - - - - - - - - - 12 JUDGE POLLARD: All right, the recess is over; 13 we're back in session. We'll go to 1.14; consider, discuss, 14 and take appropriate action to address possibility of 15 prohibiting the sale or use of restricted fireworks; i.e., 16 skyrockets with sticks, unquote, and missiles with fins, in 17 any portion of the unincorporated area of Kerr County 18 pursuant to Local Government Code 352.051 for the 4th of July 19 holiday. Now, that's -- I'm listed as the sponsor for that, 20 but let's just cut it short. We're still in a drought 21 situation here, and I would think whatever we can do within 22 the law, we need to do to prohibit this kind of fireworks. 23 So, does anybody want to make a motion to that effect? 24 MS. STEBBINS: Would you like for me to -- okay. 25 State law says that the drought index has to be 575 or 6-9-14 105 1 higher, but when the -- the County issues that order, it's 2 got to be by July -- I'm sorry, by June 15th, restricting or 3 prohibiting the sale of those type types of fireworks. And 4 the Texas Forest Service -- 5 JUDGE POLLARD: Use and sale. 6 MS. STEBBINS: Yes, sir. And the Texas Forest 7 Service is available daily to make that determination, 8 whether or not we have reached that drought index of 575 in 9 the county. 10 COMMISSIONER LETZ: And based on -- looking at the 11 index, we are currently ranging from zero to 500 in the 12 county, which does not meet that requirement. 13 COMMISSIONER MOSER: So we can't do it. 14 COMMISSIONER LETZ: Now, if we could look at a 15 crystal ball, I guess if we think it's going to be then, at 16 the time we could. But personally, I'm not -- 17 COMMISSIONER BALDWIN: It's supposed to rain 18 tonight. How do you know? I don't have my crystal ball. 19 JUDGE POLLARD: So, going to deny it? 20 COMMISSIONER LETZ: Yeah. 21 COMMISSIONER REEVES: So are you saying with the 22 drought index currently, we can't do it? 23 COMMISSIONER LETZ: No. 24 COMMISSIONER REEVES: Is it -- 25 MS. STEBBINS: I believe that if the drought index 6-9-14 106 1 reaches 575, that -- that we can. But -- and that's why the 2 rule speaks to the Texas Forest Service being available to 3 us, what the drought index is on a daily basis. 4 COMMISSIONER LETZ: The -- I think the reason for 5 the time delay is that people that do the selling need notice 6 from a business standpoint. 7 MS. STEBBINS: Yes, sir. 8 COMMISSIONER MOSER: So, we have -- in the past, we 9 haven't banned this very often, have we? 10 COMMISSIONER LETZ: No. 11 COMMISSIONER BALDWIN: Not very often, but we have. 12 And it's fairly unpleasant when those sellers come in here. 13 COMMISSIONER MOSER: It's fairly unpleasant when 14 they -- 15 COMMISSIONER BALDWIN: They're pretty hot. 16 COMMISSIONER MOSER: -- set fire to things, too. 17 Which I guess we haven't had a lot of issues. 18 COMMISSIONER BALDWIN: I had a lady one time that 19 accused me of killing her kids -- trying to kill her kids, 20 because we cut her off and she couldn't make a living to feed 21 her children. I'm not kidding; it was the weirdest thing 22 I've ever been -- well, one of the weirdest things I've ever 23 been through. 24 JUDGE POLLARD: Well, if we can't do it, we'll just 25 have to pass it, then. 6-9-14 107 1 COMMISSIONER MOSER: Okay. 2 JUDGE POLLARD: All right. Go to 1.16; consider, 3 discuss, and take appropriate action to approve a resolution 4 concerning proposed EPA regulations regarding the Clean Water 5 Act. Commissioner Letz. 6 COMMISSIONER LETZ: I had this on the agenda 7 several meetings ago, or two meetings ago, and the indication 8 was for me to go ahead and proceed with writing a resolution, 9 and I'll read the resolution that I came up with. 10 Resolution of Kerr County Commissioners Court 11 opposing new rules proposed by the United States 12 Environmental Protection Agency to expand the definition of 13 "Waters of the United States." Whereas, individual private 14 property rights are one of the fundamental rights set forth 15 in the Constitution of the United States of America, and Kerr 16 County Commissioners Court has a history of standing up for 17 and protecting these property rights and enabling individuals 18 the right to use their property; and whereas, Kerr County 19 contains the headwaters of several rivers and watersheds, 20 including the Guadalupe River, Llano River, and Medina River; 21 and whereas, the United States Environmental Protection 22 Agency and the United States Army Corps of Engineers have 23 proposed a new rule to define the "waters of the United 24 States" that will greatly expand the jurisdictional authority 25 of the Federal Clean Water Act, entitled "Definition of 6-9-14 108 1 Waters of the United States," under the Clean Water Act; and 2 whereas, the proposed rule, if adopted, will infringe upon 3 the sovereignty of states to appropriately regulate the 4 waters of the state and infringe on private property 5 ownership and the rights granted by such ownership; and 6 whereas, the proposed rule change would increase the amount 7 of county-owned property, right-of-ways, and easements 8 subject to the Clean Water Act, including ditches, stormwater 9 drainages, wetlands and other infrastructure; and whereas, 10 the proposed rule change would expand the county property 11 subject to federal jurisdictions, Section 404 and other 12 permits increasing the complexity, time, and cost of county 13 projects; and whereas, legislation to expand jurisdictional 14 authority of the Clean Water Act as described has failed the 15 United States Senate, and the U.S. Environmental Protection 16 Agency and United States Army Corps of Engineers have been 17 criticized by both the United States Senate and the House of 18 Representatives for acting without congressional oversight; 19 and whereas, Kerr County Commissioners Court is a local 20 governmental entity that represents the residents of Kerr 21 County, and is submitting this resolution to provide input to 22 federal and state governments. Now, therefore, be it 23 resolved that on this 9th day of June, 2014, Kerr County 24 Commissioners Court strongly opposes the proposed new rule to 25 define "waters of the United States," in that it increases 6-9-14 109 1 the need for burdensome and costly permitting requirements, 2 infringes on private property rights, and infringes on 3 state's rights, circumvents the legislative process. 4 Approved this 9th day of June, 2014." That's the motion. 5 COMMISSIONER MOSER: That's your motion? 6 COMMISSIONER LETZ: That's my motion. 7 COMMISSIONER BALDWIN: Second. 8 COMMISSIONER MOSER: Second. 9 COMMISSIONER REEVES: Second. 10 JUDGE POLLARD: Those in favor, raise your right 11 hand. 12 (The motion carried by unanimous vote, 4-0.) 13 JUDGE POLLARD: It is 4-0. All right, let's go. 14 COMMISSIONER MOSER: Let's sign it. Where is the 15 original? 16 COMMISSIONER LETZ: Jody has the original. 17 MS. GRINSTEAD: It's actually in the Judge's book. 18 COMMISSIONER LETZ: The Judge has the original. 19 JUDGE POLLARD: Oh, it's in here. 20 COMMISSIONER LETZ: And I'd like to thank the -- I 21 took that language largely from two different agencies. 22 COMMISSIONER MOSER: I was going to say that was 23 very good. I thought you wrote it. 24 COMMISSIONER LETZ: I cut and pasted. I cut and 25 pasted from the Farm Bureau and some -- Texas Wildlife 6-9-14 110 1 Association and the National Association of Counties and TAC 2 is where all that came from. 3 COMMISSIONER MOSER: Very good cutting and pasting. 4 COMMISSIONER BALDWIN: Can you imagine the county 5 Road and Bridge Department wanting to clean a ditch, and 6 having to go get a permit? 7 JUDGE POLLARD: That was 15, wasn't it? 8 COMMISSIONER BALDWIN: And pay for it. 9 COMMISSIONER LETZ: 16. 10 MR. BOLLIER: We're on 17 now. 11 JUDGE POLLARD: Here it is. All right, go ahead 12 and sign. 13 COMMISSIONER LETZ: And this should be -- request 14 that the County Judge send that resolution to our state -- 15 our U.S. Senator, Lamar Smith; State Representative, Harvey 16 Hilderbran; State Senator, Troy Fraser, and possibly to other 17 counties around here to get -- maybe they'll follow suit and 18 do something similar. 19 COMMISSIONER MOSER: Maybe they'll cut and paste. 20 JUDGE POLLARD: Sounds good. If I do a letter 21 transmittal, then I'll probably add, "Keep their federal 22 butts out of our county." 23 COMMISSIONER LETZ: Can the papers quote you on 24 that? 25 JUDGE POLLARD: Yeah, they can. Okay. Where were 6-9-14 111 1 we, now? 2 COMMISSIONER LETZ: 17. 3 JUDGE POLLARD: 1.17; consider, discuss, and take 4 appropriate action to determine if TexDOT is responsible for 5 maintenance of the Spur 100 bridge. Now, I'm the one that 6 sponsored that, but we were looking into who was responsible 7 for that -- 8 MS. STEBBINS: Yes, sir. 9 JUDGE POLLARD: -- area of it. 10 MS. STEBBINS: You've all got a letter here from 11 Leonard Odom. Here it is in front of you, Judge. And 12 Mr. Moser. 13 COMMISSIONER MOSER: Okay. 14 MS. STEBBINS: And Mr. Odom -- I've been talking to 15 Mr. Odom last week and then this morning some, and he wants 16 to, maybe with you, Judge Pollard, get in a room with Mike 17 Coward with TexDOT and talk about this issue before we -- 18 before we go forward. He thinks that that would probably be 19 the most helpful way to deal with this. 20 JUDGE POLLARD: Okay. 21 COMMISSIONER BALDWIN: So "We don't know" is the 22 answer. 23 JUDGE POLLARD: Yeah. 24 MS. STEBBINS: "We don't know" is the answer. And 25 Mr. Odom, I believe, thinks that he knows the answer, but it 6-9-14 112 1 might be -- 2 JUDGE POLLARD: Well, there's two ways of looking 3 at it. There's the legal issue of it, and then there's the 4 safety issue of it. 5 COMMISSIONER MOSER: Safety issue. 6 JUDGE POLLARD: Yeah, which may be the overriding 7 issue. So, we got to kind of weigh those two against each 8 other, I think, and it would be best to just kind of -- let's 9 proceed carefully and look. I think that's a good 10 suggestion. Let's do that. 11 MS. STEBBINS: Okay. 12 COMMISSIONER MOSER: You know, on that subject, I'm 13 going to ask Len Odom to -- I drove over there the other day 14 just looking at it again, and as Len said, I think in the 15 last Commissioners Court, it's a one-way bridge now, or 16 one-way culvert. We need to put up a sign that says one way 17 -- or not one way, but narrow bridge. 18 JUDGE POLLARD: One lane. 19 COMMISSIONER MOSER: One lane; that's correct. 20 Yeah, one lane. Because there isn't anything there right 21 now. If two cars come onto that thing, it could be bad. 22 Okay. 23 MS. STEBBINS: Okay. 24 JUDGE POLLARD: And with a lot of reflectors or 25 something that reads at nighttime when your lights -- you 6-9-14 113 1 know, that's what needs to be put there for safety purposes. 2 All right. 1.18; consider, discuss, and take appropriate 3 action to update signatures on contingency agreement between 4 Kerrville State Hospital, Kerrville Independent School 5 District, and Kerr County. Well, that's just a matter of 6 getting it done. This is just a -- it's time to renew all 7 those. 8 COMMISSIONER BALDWIN: Nothing in particular? Is 9 it a renewal? Let's see, you had -- there was some change of 10 names or something. I don't know what that was. Signators. 11 JUDGE POLLARD: My understanding was this was 12 initiated by the K.I.S.D., and the -- because a lot of the 13 officials had changed, they kind of wanted to update 14 everything. 15 COMMISSIONER BALDWIN: Correct. 16 JUDGE POLLARD: With current names. 17 COMMISSIONER BALDWIN: That's right. 18 JUDGE POLLARD: And that's good. 19 COMMISSIONER BALDWIN: That's what I understand, 20 too. I move for approval. 21 COMMISSIONER REEVES: Second. 22 JUDGE POLLARD: Those in favor, raise your right 23 hand. 24 (The motion carried by unanimous vote, 4-0.) 25 JUDGE POLLARD: Bam, we're done. All right. 6-9-14 114 1 COMMISSIONER MOSER: I had one thing I was going to 2 ask about. Is that a part -- is that a part of the -- is 3 that part -- it should be, if it's not, part of the emergency 4 management plan we have for the entire county. And, you 5 know, there are about 20 sections of this thing, so it'll 6 just take an action outside of here to see if that's -- if 7 that's in there. If it's not, it probably should be. 8 JUDGE POLLARD: Bring it back again if it should 9 be. 10 COMMISSIONER MOSER: Okay. 11 JUDGE POLLARD: 1.19; consider, discuss, and take 12 appropriate action regarding the Sheriff's Department radio 13 system and jail issues. And that's executive session as 14 needed by the Sheriff. 15 SHERIFF HIERHOLZER: I don't -- in talking to the 16 County Attorney, her and I don't believe this fits into an 17 executive session item, so it's something we will discuss in 18 open court. And in visiting with Judge Pollard -- and I 19 mainly had this put on the agenda primarily because we were 20 not sure where the radio system price would come in at, and 21 if it was going to be too far out, that I could not do the 22 current -- the current deal, the radio system is a dire need. 23 I mean, we really have some serious issues that I think are 24 -- are jeopardizing the well-being of our officers and public 25 when we can't contact. So, that really has to be fixed. But 6-9-14 115 1 if it was going to be too far out, then there are some issues 2 that have also come up, such as the roof on the jail, that 3 this Court is aware of. I think the estimates on it -- 4 replacing it came in about 450,000 for materials only, not 5 counting moving all the lines, piping, air-conditioners, 6 everything else. So, you're probably talking, just like out 7 at the airport, close to a million dollars by the time you 8 put a new roof on that 20-year-old facility. 9 COMMISSIONER MOSER: How many square feet is that? 10 SHERIFF HIERHOLZER: Sixty -- 60-something 11 thousand. 12 COMMISSIONER MOSER: Get multiple bids? 13 MR. BOLLIER: 65,000. 14 SHERIFF HIERHOLZER: This is an estimate. We would 15 have to go out for bid if we were going to do it on an 16 R.F.P., I understand, but just trying to look ahead at what 17 we're facing with the county, you know, and facing the -- 18 JUDGE POLLARD: What, are you having to put pots on 19 the floor to collect -- 20 SHERIFF HIERHOLZER: For a while, we were. 21 Seriously, in the jail cells. Tim and his guys have gotten 22 up there and tried to, you know, re-tar around a lot of 23 things and that, and right now we're doing fairly well. We 24 still have a few leaks that I can't get. That one rain, we 25 had 11 leaks in the jail in different cell areas, and some of 6-9-14 116 1 it leaking down into light fixtures. It's a 20-year-old flat 2 roof, gravel roof, that air-conditioners have been replaced 3 over the years, you know, different lightning receptors have 4 been redone over the -- and there's just been a lot of issues 5 with it that we're wearing out. It's only so long it can 6 last. And then with the issue of jail overcrowding, today my 7 female population is 28, which is still overcrowded. The 8 maximum bed space is 32, and it makes it very difficult to 9 classify females. 10 The other issue that we have with that, to be able 11 to do that, I had to use 16 male beds, because we had to have 12 two different cells. That's eight beds per cell that I had 13 to empty out of males so that we could put females, okay. So 14 that cut my male population by 16. Just one move, that may 15 only be for one or two females. So, it has hurt us, you 16 know, drastically. The jail overcrowding has been an issue 17 that we've talked about for years, and I felt it may be 18 starting to get close to the time that we start talking about 19 actually going out for a bond issue to put before the voters 20 on jail expansion, jail roof, and radio system. I hope that 21 we can work out the best and final negotiation with the radio 22 system so we don't have to do that, because if you do that 23 through a bond issue, you're talking November, if that's even 24 allowed. I don't know what all the timeframes are. And I 25 think that is putting a lot off on the public right now, with 6-9-14 117 1 two school districts, three in the last year, passing bond 2 issues, okay. Where we want -- I don't know what the tax 3 increase would be on a voter-elected bond issue. 4 JUDGE POLLARD: We need to somehow schedule our 5 stuff to wear out a different year from whenever everybody 6 else's does. 7 SHERIFF HIERHOLZER: I wish I could, Judge. If I 8 had that crystal ball, it would sure be nice. But these are 9 some issues that I think this Court at least needs to start 10 looking at, discussing. And what the rules are on it, it's 11 been since 1994, '95, we did a bond issue on the jail, so I 12 don't remember what all the -- the rules and how you do them 13 and all that, and it's just a hard thing. 14 JUDGE POLLARD: Tell me -- explain to them, 15 Sheriff, about the possibility of losing your certification. 16 SHERIFF HIERHOLZER: Well, if I'm overcrowded, I'll 17 lose certification. 18 JUDGE POLLARD: Okay. 19 SHERIFF HIERHOLZER: That's it. 20 COMMISSIONER BALDWIN: Pretty simple. 21 SHERIFF HIERHOLZER: That's real simple. You know, 22 I've got guidelines I've got to meet. 23 JUDGE POLLARD: What happens when you do lose your 24 certification? 25 SHERIFF HIERHOLZER: If you lose your -- then 6-9-14 118 1 you're in noncompliance, is what it states, and they'll give 2 you so many days to fix that compliance, okay? If you lose 3 compliance and you cannot get, you know, back in compliance 4 -- you can't get a waiver over anything that's concerned with 5 life or safety, such as overcrowding. They do -- you're not 6 going to get that waiver or anything for any time period. 7 Then they can shut down your jail, and at that point, you 8 house every inmate in a suitable jail. 9 COMMISSIONER LETZ: That's not an option, really, 10 from the standpoint -- I mean, unless the roof becomes in bad 11 shape. I mean, we're -- we're not going to be overcrowded. 12 You're going put people in other counties. 13 SHERIFF HIERHOLZER: The other issue, biggest issue 14 you have if the State finds you in noncompliance, your 15 liability goes through the roof. 16 COMMISSIONER LETZ: Right. 17 SHERIFF HIERHOLZER: Because they're already saying 18 that you're noncompliant to be housing inmates in the first 19 place. 20 JUDGE POLLARD: And if we -- if we lose 21 certification and have to move our inmates to other counties, 22 what are we talking about cost-wise? 23 SHERIFF HIERHOLZER: Well, I got a letter last 24 week, and I'm probably -- I saw the rough draft; they sent me 25 a contract that they had some typos in it that I even wanted 6-9-14 119 1 to fix before I even forwarded it to the County Attorney. 2 Burnet County -- Burnet County has just taken over their -- 3 they had a privately run 587-bed facility, and they took it 4 over in April. I don't know if the -- what happened to the 5 private, but now it is part of their county jail, okay. And 6 their County Judge sent out a letter probably to a lot of 7 places to see about housing. I contacted them. From now 8 until October 1, their housing costs would be $45 a day per 9 inmate. After October 1, it's $50 a day per inmate. And we 10 have to pay all the medical separate, and they would be 11 sending them -- I don't know what kind of hospital system 12 they have over at Burnet or that, but it's very likely they'd 13 end up in Austin, and you're talking ambulance and AirLife. 14 And it's not part of our medical contract, 'cause we do ours 15 in-house, and all those medical expenses and transportation 16 expenses would be totally on our shoulders. 17 The other issue is, it would be great if, like we 18 had years ago, where we were overcrowded due to the prison 19 system not accepting in a timely manner, and that way they 20 were already sentenced; they're done with the court process, 21 so we could house them. I think this county housed a bunch 22 in Bell County, if I'm not mistaken. Right, Buster? We 23 could house them and didn't have to worry about transporting 24 them back and forth. We don't have that situation, okay? 25 Over 90 percent of mine are waiting to go to court, including 6-9-14 120 1 the females, so if we house them over there, we're going to 2 have to be transporting back and forth all the inmates for 3 all their court purposes. And your defense attorney fees are 4 going to go through the roof, because the defense attorneys 5 are going to bill for having to go to Burnet to visit with 6 their clients and prepare for court, or the courts are going 7 to get postponed, and it's just a snowball. 8 JUDGE POLLARD: And the courts, because of that 9 case you brought -- you told us about -- 10 SHERIFF HIERHOLZER: The Michael Morton case. 11 JUDGE POLLARD: -- is going to slow down, and they 12 can't process them out, can't get them tried and off to 13 prison. 14 SHERIFF HIERHOLZER: And I'm concerned that even if 15 the Legislature takes action to correct some of that, for 16 defense attorneys, my concern is it's pretty well put every 17 one of them on notice on ineffective counsel. And even if 18 the Legislature, you know, gives a way out of the Michael 19 Morton Act, the defense attorneys are going to pretty well 20 follow exactly what's been going on right now, just to 21 protect themselves from any kind of accusations or 22 allegations of ineffective counsel. 23 JUDGE POLLARD: Sure. 24 SHERIFF HIERHOLZER: And so I don't think the 25 Legislature taking action is going to change anything that we 6-9-14 121 1 see with our jail issues and how long it's going to take to 2 get people to court, okay? The only other alternatives -- 3 and we've had meetings in the past, and we've talked to all 4 the J.P.'s and judges about trying to kind of get in sync 5 with all our bond issues so that the appropriate bond amount 6 is set. But, you know, it's not overly high so that inmates 7 can't get out or anything if they need to. But all that's 8 pretty well been taken care of in line with what the other 9 counties and everybody around, and I wouldn't want to see it 10 dropped any lower, 'cause then you're putting people back in 11 the public that probably have no business being in the 12 public, and you see things such as you saw in the paper the 13 other day where you get one guy arrested -- what was it, 46 14 times? Okay. That's not unusual. 15 COMMISSIONER LETZ: I think, Sheriff, we're on the 16 right track. We need to probably start moving forward on 17 this. The question is going to be, in my mind, what the 18 Sheriff thinks the size should be. We clearly have to 19 address the female issue. From every indication, the Sheriff 20 told us that problem is not going to go away, and we really 21 don't have a fix for that. If the roof has to be folded into 22 this, that's fine. I think my -- I personally think that 23 November is too quick to try to get something done. And I 24 also personally think that the radio system should not be 25 part of this bond. I think we have the ability to -- 6-9-14 122 1 COMMISSIONER BALDWIN: I agree with you. 2 SHERIFF HIERHOLZER: Thank you. 3 COMMISSIONER BALDWIN: I agree with that. And 4 my -- if my memory serves me, they really like to -- the jail 5 builders like to build it in pods of 24 and 48 beds. 6 SHERIFF HIERHOLZER: Well, our bed -- our jail 7 situation is really a lot better, and I like the way this 8 jail was constructed back then, even though back then there 9 was a lot of hoopla over it. We have -- we have single-bed 10 units, okay, which there is separation of people that can't 11 get along. We have eight-bed units, okay, which have a 12 common kind of safety vestibule where they can see, so 13 there's -- not in each one, but you have to make sure you're 14 housing the same, females and females or males or males and 15 whatnot, but you can still put two different classifications 16 in there. We have six-bed units, okay, and we have all the 17 way up to 18-bed dorms, which gives us a lot of flexibility 18 on classification, and I think it was a very good design. 19 Now, staffing-wise, the Jail Commission's recommendation on 20 staffing is 1-to-48, and so you normally -- if you're going 21 to add on or build, you build in 48-bed increments, is I 22 think what you were probably more or less talking about. 23 COMMISSIONER BALDWIN: Yeah. 24 SHERIFF HIERHOLZER: Our jail is sitting on almost 25 17 acres out there. It was built to be added onto. The 6-9-14 123 1 Court back then thought very well at doing it, and they 2 really looked at their crystal ball. You know, they -- they 3 built a 192-bed jail and Sheriff's Office, and did a 20-year 4 bond issue, and in hopes that it would not have to be 5 expanded before that bond issue was paid off. That bond 6 issue was paid off -- last year or this year? 7 COMMISSIONER LETZ: Last year. 8 SHERIFF HIERHOLZER: Last year the bond issue was 9 paid off, so it really worked out. Depending on the amount 10 of the bond that you'd be asking the voters to do, if it's a 11 20-year issue, then the amount of bed space you're adding, I 12 think you seriously have to look at what are we projecting? 13 We've had the Jail Commission come in and do two different 14 studies on ours. What are you projecting for the next 20 15 years? A study I had them do three or four years ago, they 16 even projected that we should add up to 148 beds. This last 17 study we did last year, they predicted that we may not have 18 to do anything at that time; that everything was -- was okay. 19 That's when we started moving a lot of inmates and things 20 changed, plus Executive Directors changed at the Jail 21 Commission, all right? 22 Personal opinion of being here the last 34 years 23 and watching this jail go from -- from what we had up here 24 that we moved out of in '77, to a-48 bed facility over here, 25 then we expanded and closed in part of it and upped it to 62; 6-9-14 124 1 then we took in the underground parking, closed it in, had 2 two jails for a while, a minimum security and a heavier one 3 upstairs, and that upped it to, like, 96, and then we built 4 the new facility at 192. 5 COMMISSIONER MOSER: Rusty, why don't you bring 6 back what you had last year with the jail architect that -- 7 from San Antonio, I believe, that looked at -- 8 COMMISSIONER BALDWIN: Gondeck. 9 COMMISSIONER MOSER: -- the trends, the options. 10 SHERIFF HIERHOLZER: Right. 11 COMMISSIONER MOSER: That was excellent. An 12 excellent study. 13 SHERIFF HIERHOLZER: I think we still have that on 14 file. Mr. Gondeck did it. He was part of Jail Commission at 15 one time, but -- and I don't have any problem; I'll go 16 whichever direction this Court wants me to go on gathering 17 all this. But personally, if you wanted to make it last for 18 the next 20 years, I would recommend at least 148 beds. 19 COMMISSIONER MOSER: Let's bring that back. 20 JUDGE POLLARD: 148 more? 21 SHERIFF HIERHOLZER: More. 22 COMMISSIONER MOSER: Yeah, bring that study back, 23 'cause that was really an excellent study. 24 COMMISSIONER LETZ: And -- 25 COMMISSIONER REEVES: You alluded to staffing, 6-9-14 125 1 Sheriff. Could you also give us an idea, when you bring that 2 back, what you think we're going to be looking at in 3 additional personnel? 4 SHERIFF HIERHOLZER: A lot of that is going to be 5 timing, up to this Court on what you -- you want to do and 6 how you want to do it. When I first took over as Sheriff in 7 2000, we had bed space then, and if you'll remember, we 8 implemented at that time housing out-of-county inmates, and 9 we were bringing in a little over half a million dollars a 10 year in fees for that. With a 148-bed addition, you'll have 11 the flexibility for several years of doing that, okay, and 12 trying to bring in some of those fees. That's where your 13 staffing is going to come in. If you want to do that, then 14 you're going to have to staff to do that. If you don't want 15 to do that, then what you do is, as we hit those increments 16 and start going up, once we get over, you know, 48, then we 17 add -- it would be four more staff, 'cause you're adding them 18 around the clock. 19 COMMISSIONER MOSER: On that last study, I think -- 20 I forget how many beds that was adding, but it was -- there 21 wasn't an increase in staffing the way you had it figured. 22 COMMISSIONER LETZ: Right. That was adding -- just 23 going out and adding some female beds, and on one side, so 24 that we'll be able to take care of the overall issue. 25 COMMISSIONER MOSER: Bring that back; that was 6-9-14 126 1 really good. 2 COMMISSIONER LETZ: Sheriff, the existing 24 -- is 3 it 32 female beds? What do we have now? 4 SHERIFF HIERHOLZER: There are 32. There's four 5 eight-person dorms, or eight-person cell blocks, okay? 6 That's the 32. But it only lets me classify them four areas, 7 and if you get any over eight -- you know, we have two 8 separation, individual cells for females. One of them is 9 strictly females, and one of them is also a combined. We use 10 it for females, but it's also what we call a negative 11 pressure cell, because of any of the communicable diseases 12 that go around, whether it's T.B. or whatever, they have to 13 be housed in that individual cell, and then it takes it away 14 from the females. So -- 15 COMMISSIONER LETZ: Right. But you could -- I 16 mean, it would be -- I'm just thinking. I'm sure the 17 architects can figure all this out, but you could convert 18 those females areas to male and build a new 48-unit female 19 section. 20 COMMISSIONER BALDWIN: Right. 21 SHERIFF HIERHOLZER: I would -- I would strongly -- 22 yes, that's possible, and I think it could be done, but I 23 wouldn't build 48. 24 COMMISSIONER BALDWIN: 148. 25 SHERIFF HIERHOLZER: Okay, no. And if you're just 6-9-14 127 1 housing more females and you're giving me the 32 for males 2 now, okay, that's -- that's a big plus and would get us a few 3 years down the road. But I have seen our female population 4 at this time at 45. If you build a 48-bed female part, and 5 that's all you've got -- 6 COMMISSIONER LETZ: So you'd probably go double 7 that, okay. 8 SHERIFF HIERHOLZER: I think you'd have to go at 9 least 96 for it to last any time frame, and then to -- at 10 that point, you're looking at a lot of those different 11 issues. Now, there is one other issue, and we're close to 12 it. Once you go over 200 beds -- we're at 192 now. Once you 13 go over 200 beds, you have to have an infirmary. With the 14 medical contract, we have a place for exams, but we don't 15 have an infirmary where you house the sick, okay? And then 16 the other things you have to look at are kitchen expansion, 17 laundry expansion, things like that. There's just a lot that 18 we all need to -- to seriously delve into before we -- 19 COMMISSIONER LETZ: I think that, you know, we need 20 to start. We've looked at it several times. I think we're 21 at the point now we really need to start getting more serious 22 about it and plan on a bond issue. You know, I don't know 23 the timing of a bond issue. You know, this November is too 24 soon. Possibly May, possibly next November. 25 SHERIFF HIERHOLZER: Well, if we can take care of 6-9-14 128 1 the radio system, that's the number one thing driving me 2 right now, 'cause I think that's serious. If we can make 3 that work, then I think, you know, you got another general 4 election, what, two years? '16? Okay. 5 COMMISSIONER MOSER: Two years. 6 SHERIFF HIERHOLZER: Two years. You know, we -- we 7 will probably -- and I would pretty well guarantee it; we'll 8 have to be housing females somewhere else at that time, you 9 know, before then -- before then, maybe on a short-term 10 contract with Burnet or whoever, okay. And then really do 11 the right study, because the public is going to have to 12 understand what all our issues are. I know they do a lot -- 13 the newspapers have done a lot to help, but they need to 14 understand what the issues are so that when we go out for 15 that bond issue. The other issue -- 16 COMMISSIONER LETZ: I think it's pretty long. I'm 17 thinking more May or next November. 18 SHERIFF HIERHOLZER: Well, I'd like to see that. 19 The other issue you have to worry about when you're housing 20 out of county is, y'all and I are in the same boat. We have 21 no control at all over what happens with that inmate in that 22 other county jail. 23 COMMISSIONER MOSER: And you're liable for it. 24 SHERIFF HIERHOLZER: Except we are 100 percent 25 liable for it. And that is a big burden that I would rather 6-9-14 129 1 not put on my shoulders. 2 COMMISSIONER LETZ: I think it -- you know, either 3 May or next November makes the most sense from my standpoint 4 to try to get moving, especially with the roofing problems 5 that we're having out there. I hate to just push that, you 6 know -- 7 SHERIFF HIERHOLZER: Yeah. But I think we can get 8 our financial people to help advise what amount of bond issue 9 will be right and what size. You know, then we're going to 10 have to contract with an architect, and I can bring what we 11 have. 12 COMMISSIONER MOSER: Yeah. 13 SHERIFF HIERHOLZER: What Mr. Gondeck did. 14 COMMISSIONER MOSER: I think that would be a good 15 starting point. 16 SHERIFF HIERHOLZER: I can bring that, but we would 17 still have to get something -- some kind of ideas on cost. 18 COMMISSIONER BALDWIN: But the -- what I think that 19 we need to agree on today, or we can agree on today, I agree 20 with Letz about the radio system. Don't bundle that. We 21 don't need to bundle that with the jail. You need to move 22 forward with that, like now. 23 SHERIFF HIERHOLZER: I would appreciate that. 24 COMMISSIONER BALDWIN: Yeah. And -- well, I felt 25 like that months ago. But the -- we need to do that. And 6-9-14 130 1 don't even consider bundling. I'm not a big bundler. 2 SHERIFF HIERHOLZER: Thank you. 3 COMMISSIONER LETZ: And the question on the -- on 4 that to the County Attorney, what flexibility -- I asked this 5 question on another issue recently. What flexibility do we 6 have to negotiate with Motorola? They've given us in the 7 proposal what looks like a three-year, no interest. If they 8 were able to -- if we were able to do, like, a -- pay a 9 certain amount now and then defer part of it, I mean, will 10 they discount a little bit more if we were -- you know, pay 11 800,000 now and 500,000 in two, three years? I mean, can we 12 negotiate anything like that? 13 MS. STEBBINS: I think that we probably can 14 negotiate some, but I think it's real fact-specific, like the 15 last issue we talked about. So we want to -- 16 COMMISSIONER LETZ: I'd ask the County Sheriff, 17 then, to get with the County Attorney once they look at the 18 bid to see -- 19 SHERIFF HIERHOLZER: What we did the last time -- 20 especially since they were the sole bidder in it. What we 21 did last time is, after this -- after today, you know, the -- 22 in the last one, we had negotiations that went over the best 23 and final offer, where they actually came out with a whole 24 'nother deal. But at that time, it was the County Attorney, 25 me, the County Judge, Trott representatives, and Motorola 6-9-14 131 1 representatives -- we would have to rely on Trott, 'cause 2 they know all the stuff -- but where everybody sat down and 3 we came up with what the best and final offer was, and it was 4 awarded at that time. 5 COMMISSIONER LETZ: Well, let's figure out what we 6 can do legally on this. 7 COMMISSIONER MOSER: Right. 8 COMMISSIONER LETZ: And it almost seems like it's 9 almost a sole source provider at that point, I mean, if no 10 one else can bid on the darned thing. And also, if there's 11 any latitude we can get from state contractors or something 12 like that, and give us some flexibility over some of the -- 13 like Buy Board and some of that stuff. 14 COMMISSIONER MOSER: Okay. 15 JUDGE POLLARD: Okay. All right. Do we have any 16 closed session items we need to discuss? 17 COMMISSIONER LETZ: No, sir. 18 COMMISSIONER MOSER: No. 19 JUDGE POLLARD: All right, let's go on to -- 20 COMMISSIONER LETZ: Bills. 21 JUDGE POLLARD: Yeah, pay bills. 22 COMMISSIONER BALDWIN: I move we pay the bills. 23 COMMISSIONER MOSER: Second. 24 JUDGE POLLARD: Those in favor, raise your right 25 hand. 6-9-14 132 1 (The motion carried by unanimous vote, 4-0.) 2 JUDGE POLLARD: 4-0. 4.2, any budget amendments? 3 MS. HARGIS: Yes. 4 COMMISSIONER BALDWIN: Judge, I have a set of bills 5 here, but what is this here? Is this another set of bills? 6 MS. HARGIS: Yes, those are late bills. 7 COMMISSIONER BALDWIN: Late bills? 8 MS. HARGIS: Mm-hmm. 9 COMMISSIONER BALDWIN: Late bills. 10 MS. HARGIS: They're not really late; they just 11 came in after the -- 12 COMMISSIONER BALDWIN: Okay. 13 MS. HARGIS: -- cutoff date. We want to get them 14 paid so we don't incur any late charges. You know, the 15 faster we pay our bills, the more I can tell what our 16 financial condition is. 17 COMMISSIONER BALDWIN: Okay. 18 MS. HARGIS: Some of our elected officials are not 19 as punctual as others about getting these. 20 JUDGE POLLARD: Okay. What budget amendments do 21 you have? 22 MS. HARGIS: Not too many major ones. They're just 23 all pretty minor. I'll be glad to answer any questions on 24 any of them that you might have. They're just small amounts 25 right now. 6-9-14 133 1 COMMISSIONER LETZ: Move we approve the seven 2 budget amendments that were presented. 3 COMMISSIONER MOSER: Second. 4 JUDGE POLLARD: Those in favor, raise your right 5 hand. 6 (The motion carried by unanimous vote, 4-0.) 7 JUDGE POLLARD: 4-0. Are there any late bills? 8 MS. HARGIS: Yes, sir. You have the second packet 9 on those. 10 JUDGE POLLARD: All right. 11 COMMISSIONER LETZ: Are they just late bills? 12 MS. HARGIS: Yeah, they're from all the different 13 departments we've got. 14 COMMISSIONER LETZ: I move we approve late bills. 15 COMMISSIONER REEVES: Second. 16 JUDGE POLLARD: Those in favor, raise your right 17 hand. 18 (The motion carried by unanimous vote, 4-0.) 19 JUDGE POLLARD: 4-0. Do we have any monthly 20 reports to accept and approve? Yeah. 21 COMMISSIONER LETZ: There they are. Move we accept 22 monthly reports as presented. 23 COMMISSIONER MOSER: From Environmental Health, 24 Animal Services, Sheriff's Department, Justice of the Peace, 25 District Clerk, and payroll from the Treasurer. 6-9-14 134 1 COMMISSIONER BALDWIN: Second. 2 JUDGE POLLARD: Any discussion on any of these? If 3 not, those if favor, raise your right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0. Reports -- any reports 6 from the Commissioners on liaison/committee assignments? 7 Anybody have anything? 8 COMMISSIONER MOSER: Nothing. 9 COMMISSIONER LETZ: I don't think so. We've been 10 meeting so much, I think we're pretty much up to speed on 11 everything. (Laughter.) 12 COMMISSIONER MOSER: Okay. 13 JUDGE POLLARD: Reports from elected officials or 14 department heads? Anybody have anything? Silence. I like 15 it. All right. Any reports from boards, commissions, or 16 committees? All right, we're moving right along. That 17 includes City/County joint projects or operations reports. 18 Nobody on any of that? Or any other -- any other? We're 19 adjourned. 20 (Commissioners Court adjourned at 11:48 a.m.) 21 - - - - - - - - - - 22 23 24 25 6-9-14 135 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 12th day of June, 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 6-9-14