1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, September 22, 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 September 22, 2014 2 PAGE 3 --- Visitors' Input 5 --- Commissioners' Comments 9 4 1.1 Consider/discuss, take appropriate action on 5 request to place yellow ribbons at various county facilities as part of American Legion Auxiliary’s 6 Yellow Ribbon Project 13 7 1.2 Public Hearing to consider one-way street request for School Lane in Hunt from Dutch to FM 1340 to 8 facilitate safe and orderly transportation of students 16 9 1.3 Consider/discuss, take appropriate action to 10 consider one-way street request for School Street in Hunt from Dutch to FM 1340 to facilitate safe 11 and orderly transportation of students 18 12 1.4 Consider/discuss, take appropriate action on request to waive fees for use of Union Church 13 Building for Schreiner Mansion historic sale 19 14 1.5 Consider/discuss, take appropriate action to approve County Choice Silver Retiree medical 15 program to reflect changes for January 2015 renewal period for Kerr County retirees 22 16 1.6 Consider/discuss, take appropriate action on 17 request by Hill Country Dispute Resolution Center (HCDRC) to renew contract with Kerr County to 18 provide mediation services in Kerr County and for funding 25 19 1.7 Consider/discuss, take appropriate action 20 regarding Airport Facility Lease Agreement with Mooney International 35 21 1.8 Status on roof repairs to Mooney facilities 35 22 1.9 Consider/discuss, take appropriate action on 23 amendments and additions to Policy and Procedure Manual for Kerr County Juvenile Detention Facility 40 24 1.10 Consider/discuss, take appropriate action to hire 25 a deputy clerk to fill budgeted position 42 3 1 I N D E X (Continued) September 22, 2014 2 PAGE 3 1.11 Consider/discuss, take appropriate action to approve/renew contract between Texas Department 4 of State Health Services and Kerr County Clerk’s Office to have access to print and process birth 5 certificates; authorize the County Judge to sign 45 6 1.12 Consider/discuss, take appropriate action on clarification of agreement with Kerrville 7 Convention and Visitors Bureau to use electrical equipment from River Star Park 47 8 1.13 Consider/discuss, take appropriate action to 9 authorize Kerr County Auditor to prepare an audit of Kerr County Emergency Services District #1 when 10 records become available 57 11 1.14 Consider/discuss, take appropriate action on a resolution honoring work of Constable Joel Ayala 57 12 1.15 Consider/discuss, take appropriate action to adopt 13 Kerr County Safety Resolution dated September 22, 2014, and have same signed by County Judge and 14 Commissioners Court 59 15 1.16 Consider/discuss, take appropriate action to accept resignation of Hugh Jons as one of our two 16 members on Kerr 911 Board of Directors; effective immediately 60 17 1.17 Consider/discuss, take appropriate action to 18 appoint Robert Neuman as a county representative on Kerr 911 Board of Directors 62 19 1.18 Consider/discuss, take appropriate action regarding 20 2014 Improvements to Lions Park in Center Point -- 21 1.19 Consider/discuss, take appropriate action regarding policy and standards for equipment in county parks 63 22 1.20 Consider/discuss, take appropriate action on 23 requirements for jail upgrades 66 24 1.21 Consider/discuss, take appropriate action to ratify and confirm Change Order #2 for Event Hall at Hill 25 Country Youth Event Center 80 4 1 I N D E X (Continued) September 22, 2014 2 PAGE 3 1.22 Consider/discuss, take appropriate action on implementation of the burn ban 81 4 1.23 Consider/discuss, take appropriate action 5 regarding update of construction at Hill Country Youth Event Center and related issues 87 6 1.24 Consider/discuss, take appropriate action to 7 approve contract with Motorola for new Public Safety Communications System 91 8 1.25 Consider/discuss, take appropriate action 9 regarding Kerrville South Waste Water ?? 101 10 4.1 Pay Bills 111 4.2 Budget Amendments 131 11 4.3 Late Bills 132 4.4 Approve and Accept Monthly Reports 133 12 5.1 Reports from Commissioners/Liaison Committee 13 Assignments 134 5.2 Reports from Elected Officials/Department Heads 135 14 --- Adjourned 137 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, September 22, 2014, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE POLLARD: The Commissioners Court agenda for 8 September 22nd, 2014, at 9 a.m. is now in session. Stand and 9 bow your heads with me in prayer, please. 10 (Prayer and pledge of allegiance.) 11 JUDGE POLLARD: This is the public part of our 12 agenda here, visitors' input, and I have one form here from 13 Mr. Charles Ridgeway. Would you please step forward, sir? 14 MR. RIDGEWAY: Judge, -- 15 JUDGE POLLARD: Thank you. 16 MR. RIDGEWAY: -- I want to thank you personally 17 for reminding me of this opportunity that every citizen of 18 this county has to come before you, and I thank you for your 19 time, and I'll be very brief. I'm not selling anything; I 20 don't have any complaints, but I do have a ministry that the 21 Judge says I might want to present to you. It's a ministry 22 from First Baptist Church. It's a water ministry. And Judge 23 Pollard was out viewing the -- Saturday viewing the response 24 teams that are available in time of disaster, and this -- 25 this really can be a disaster when someone's well goes dry. 9-22-14 6 1 Our water ministry at First Baptist Church was started five 2 years ago. We have the capability of delivering water to 3 people on a temporary basis to -- to help them, supply them 4 with water while they're having their wells fixed or -- or a 5 well drilled. And I just wanted to take the opportunity to 6 make that available to you. You are all concerned about the 7 county residents, and you're aware of their needs. You 8 probably know of people whose wells have gone dry. And this 9 -- like I say, this is a temporary fix. We can take 10 600 gallons of water -- we get it from the city, and the city 11 participates with us in that. We purchase it, but they give 12 us a very good rate. And it's free to the -- to the well 13 owners. And I know you're concerned about their needs, and 14 so I wanted you to be aware of this. I have a pamphlet; if I 15 may, I'll give each one of you one, and it has a phone number 16 they can call. And as you see people with a need in this 17 county -- in fact, you know, our county line's kind of -- to 18 the northwest of here kind of bounces in and out, different 19 counties. We've even delivered outside the county. But I 20 wanted to make you aware of this, and I appreciate the 21 opportunity to present this to you, and it's available to 22 anyone in our county. Thank you very much. 23 COMMISSIONER BALDWIN: Thank you, sir. 24 COMMISSIONER LETZ: Thank you. 25 JUDGE POLLARD: They had a nice display out in 9-22-14 7 1 front of the courthouse on Saturday. They have -- it's a 2 flatbed trailer, and they've got two big -- I guess they're 3 fiberglass containers? 4 MR. RIDGEWAY: Yeah, 300-gallon totes. Yes, sir. 5 JUDGE POLLARD: And so they're really rigged up. 6 It's a specially made and designed trailer, you told me. 7 MR. RIDGEWAY: Yeah. 8 JUDGE POLLARD: And so they -- this is a ministry 9 that that church has, and it's a really nice thing. I 10 thought it ought to be publicized somewhat so that people 11 would know about this, because -- and in these days, we're in 12 the middle of a drought here, and we do have people having 13 wells going dry here lately, and so it could be a very 14 valuable service that you're providing. 15 MR. RIDGEWAY: If I can add one thing? 16 JUDGE POLLARD: Yes, sir. 17 MR. RIDGEWAY: I forgot to say we're not 18 commissioned to deliver potable water. Even though it is -- 19 when we get it from the city, we have to state that it's 20 nonpotable because we don't have a certificate to deliver it 21 as such, and we make people aware of that. But -- 22 JUDGE POLLARD: So it's potable, but it's not 23 potable? 24 MR. RIDGEWAY: Yeah. When we -- when we deliver 25 it, it becomes unpotable. So, thank you very much. 9-22-14 8 1 COMMISSIONER MOSER: If you need any more of these 2 containers, I know -- may know of a source where you can get 3 them for free. Because I know that they're plastic and they 4 don't last long, and -- 5 MR. RIDGEWAY: There are people who have asked me 6 that question. 7 COMMISSIONER MOSER: Okay. 8 MR. RIDGEWAY: And I'll tell them to call you. 9 COMMISSIONER MOSER: Okay, that will be fine. 10 MR. RIDGEWAY: Thank you very much. 11 COMMISSIONER BALDWIN: Charles, if we find -- run 12 across somebody in need, is this the phone number? 13 MR. RIDGEWAY: Yes, you call the church. 14 COMMISSIONER LETZ: Okay. 15 MR. RIDGEWAY: There's about eight men that provide 16 their pickups and deliver -- the trailer belongs to the 17 church. 18 COMMISSIONER LETZ: Okay. 19 MR. RIDGEWAY: But we deliver it. And -- 20 COMMISSIONER LETZ: Thank you, sir. 21 JUDGE POLLARD: All eight of those guys were out 22 here Saturday, weren't they? 23 MR. RIDGEWAY: Yeah. Thank you very much. 24 COMMISSIONER BALDWIN: Thank you. 25 JUDGE POLLARD: The turnout was not very good from 9-22-14 9 1 the public out here, but this is their first time, and 2 maybe -- maybe the next year and the year after, they'll have 3 a better turnout for this. But the idea is to try to get it 4 publicized. This is a good ministry. All right, thank you. 5 All right, anybody else wants to speak in this portion? If 6 not, we'll proceed to Item 1.1. 7 COMMISSIONER LETZ: Commissioners' comments. 8 JUDGE POLLARD: Well, you want to -- all right. 9 Commissioners' comments? 10 COMMISSIONER BALDWIN: Yes, sir, I do; I have a 11 couple of comments. I wanted to announce that we're going to 12 have dinner on the grounds -- with your permission, of 13 course, -- 14 JUDGE POLLARD: Sure. 15 COMMISSIONER BALDWIN: -- on October the 21st. 16 We're staying with a Tuesday; it seems to fit everybody a 17 little bit best. And where's my band leader? Did he leave? 18 SHERIFF HIERHOLZER: He left. 19 COMMISSIONER BALDWIN: The honorable Clay Barton. 20 He's putting together a country and western group that will 21 entertain out there. But more importantly, everybody needs 22 to bring a sack lunch and come out and just enjoy each other, 23 and hopefully -- the city folks came over in pretty nice 24 numbers last time, and I hope they come back and join us. It 25 was a lot of fun. So, that's October 21st. And then our old 9-22-14 10 1 friend Judge David Billeiter wrote a book. And I went down 2 and met with him Saturday; he had a signing here in town, and 3 I got one of his books -- actually, got two. And it's on the 4 story of the little girl that was abducted, if y'all remember 5 that. I think 2002, maybe. And all -- just a quick thing to 6 make you want to go get one of the books. I've already read 7 the thing, read it over the weekend. The -- all the law 8 enforcement people, they didn't have a clue where this guy 9 was with this little girl, but they were all looking around 10 the Seguin area, for some reason. You know, some of this 11 started in Louisiana and Houston, and -- and David had a 12 visit from God, and told him you're going to get this guy. 13 And he gets up one morning and kisses his wife good-bye, and 14 he said, "I'm going to go arrest this guy." And went out -- 15 went out and had an encounter with him. And the guy killed 16 himself, but David got the little girl out and away from him, 17 and it's an incredible story. And so y'all need to holler at 18 Billeiter and get one of those books. It's pretty good 19 stuff. That's all. Thank you for your time. 20 COMMISSIONER MOSER: Let's see, a couple things. 21 There's a group that has a campaign to once again put on the 22 ballot in May trying to get enough signatures for that -- for 23 alcohol beverage sales in Precinct 2. So, they have a long 24 way to go, so I just want to make the point of that and 25 publicize that a bit more. Campaigns are always difficult. 9-22-14 11 1 We have to get 1,841 signatures, I believe, so they're 2 working hard at that. Jonathan probably wants to talk about 3 this, but the County got a notice from Texas Water 4 Development Board for Center Point wastewater system that we 5 are approved to proceed with -- funds are available, let me 6 put it that way, 28 and a half million dollars for 7 construction of the sewer system, Center Point going down to 8 Comfort, so it's Precinct 2, Precinct 3, and inter-county 9 activity. So, that was a big surprise that it came in. We 10 were hoping -- we had heard little rumors about how the funds 11 may be available. Funds became available, so the next step 12 is for them to figure out what kind of deal we can get on the 13 thing. That's it. 14 JUDGE POLLARD: Jonathan? 15 COMMISSIONER LETZ: Yeah. I only have two things 16 this morning. One, I apologize for my coughing fits, 'cause 17 I've already had one. It's -- they will continue -- probably 18 continue through the meeting. If they get too bad, I may 19 excuse myself briefly. The other thing is, I want to clarify 20 a comment I made at the last meeting with relation to the 21 amount of revenue K.I.S.D. was getting on the signs. The 22 number I gave, I think, was 750,000. That's basically for 23 the -- or to a million, somewhere in that range, is for the 24 full period of the scoreboard and the sign on Sidney Baker. 25 It's not an annual -- I think I referred to it as an annual. 9-22-14 12 1 I think the -- the sign on Sidney Baker gets something in the 2 neighborhood of 30,000 a year revenue which is generated, and 3 then the scoreboard, not real sure yet, 'cause it's new. I 4 think it would have 40, 50, somewhere in there. But either 5 way, the numbers are a lot less than I said in court. I want 6 to clarify that, but they are still significant. And then 7 that money, as I understand, most of it's going to the 8 booster club, and then they will put that money right back 9 into the athletic program. 10 COMMISSIONER MOSER: So, how much money comes in? 11 COMMISSIONER LETZ: I think it's 30 -- 25 to 35 on 12 the sign on Sidney Baker -- 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER LETZ: -- annually. Then the 15 scoreboard is, you know, 40, 50, somewhere in that range. 16 It's the first year for the scoreboard, so they're still 17 looking at that. But the bottom line is, it is a large 18 source of revenue. And -- 19 JUDGE POLLARD: What was the cost of the sign? Do 20 you know that? 21 COMMISSIONER LETZ: The one on Sidney Baker, I have 22 heard, was in the neighborhood of $100,000. The scoreboard 23 was -- I'm not sure, but it was quite a bit. 24 COMMISSIONER MOSER: Less than the Cowboys' 25 scoreboard. 9-22-14 13 1 COMMISSIONER LETZ: But anyway, so I just wanted to 2 clarify those numbers, and that's all I have. 3 JUDGE POLLARD: Mr. Reeves? 4 COMMISSIONER REEVES: Just a few things. First, 5 I'd like to compliment the Sheriff and his department on the 6 memorial service and the dedication of the marker out on 7 I-10. Your guys did an excellent job putting it together. I 8 know you worked hard on it, Sheriff, and it was a very 9 fitting tribute for the fallen law enforcement officer. I 10 think Buster and I went with it, and it was very well done. 11 Other things, just to remind everybody for calendars, since 12 we won't have a meeting for a while after this one, the way 13 the Mondays fall, this weekend the livestock show has their 14 annual fundraiser which supports the scholarships, the 15 auction sale and other endeavors. It'll be at 5 o'clock at 16 the event center -- the Youth Event Center. Next week is the 17 4-H wild game dinner, which funds the 4-H programs at the 18 same place. And then on the 11th, Mountain Home Volunteer 19 Fire Department and their steak dinner, which helps keep 20 those fire trucks rolling. So, everybody put all of those on 21 your -- on your calendar. That's all, Judge. 22 JUDGE POLLARD: All right. I don't have anything, 23 so we'll go to Item 1.1 on the agenda; consider, discuss, and 24 take appropriate action or request to place yellow ribbons at 25 various county facilities as a part of the American Legion 9-22-14 14 1 Auxiliary's Yellow Ribbon Project. Lesley Swope? 2 MS. SWOPE: You said it right. Good morning, and 3 thank you for your time. I'll just be a minute. I'm Lesley 4 with the American Legion Auxiliary, and each year we have 5 projects that we work on, and this year my project is 6 National Security. And part of the National Security program 7 is that the American Legion Auxiliary support the emotional 8 and social needs of active, reserve, and transitioning 9 military personnel and their families. And so I thought of a 10 way to let them know that we, as the American Legion 11 family -- I would like all the military family members and 12 service members to know that we're thinking of them, and one 13 way we're doing it is with the yellow ribbons. I put some up 14 at the V.A. Hospital, I put some up at the Veterans Center, 15 and now I'm asking permission to put one out by your war 16 memorial, and then two trees out front of your main entrance. 17 JUDGE POLLARD: Where would you put it out there? 18 MS. SWOPE: One by the war memorial, and then you 19 have two trees right at your main entrance. 20 JUDGE POLLARD: How would you put it by the war 21 memorial? Is it on a post, or -- 22 MS. SWOPE: No, on your tree. 23 JUDGE POLLARD: On a tree? 24 MS. SWOPE: There's a tree out there that I picked 25 out this morning. 9-22-14 15 1 JUDGE POLLARD: All right. Any comments? 2 COMMISSIONER BALDWIN: I move we approve. 3 COMMISSIONER MOSER: Second. 4 JUDGE POLLARD: It's been moved and seconded that 5 we approve it. Any further discussion? 6 COMMISSIONER BALDWIN: Judge, I do have a comment 7 to make. Ms. Swope, you say -- you say on here you would 8 like to put yellow ribbons on trees at the courthouse and 9 other city properties. And the mayor is in the room, so I 10 wanted to tell you that it's fine if you put them anywhere 11 you want to on city property. (Laughter.) 12 MS. SWOPE: Thank you so much. 13 COMMISSIONER BALDWIN: You're welcome. 14 MS. SWOPE: 'Cause that is my goal, is to get it 15 out there that we are in support of these people. 16 COMMISSIONER MOSER: City's in the county. 17 COMMISSIONER BALDWIN: It is in the county. Thank 18 you so much. We're happy to serve you. 19 MS. SWOPE: Thank you. Thank you, Mayor Pratt. 20 (Laughter.) 21 MAYOR PRATT: You know better, though. 22 JUDGE POLLARD: All right. Mayor, do you want to 23 take an official position with regard to that? You decline? 24 Okay. 25 COMMISSIONER MOSER: He didn't hear you. 9-22-14 16 1 JUDGE POLLARD: You want to take an official 2 position with regard to that request? 3 MAYOR PRATT: Be glad to come to City Council 4 tomorrow night. 5 JUDGE POLLARD: All right. All right. We'll go to 6 Item 1.2, public hearing to consider -- 7 COMMISSIONER BALDWIN: We need to vote. 8 JUDGE POLLARD: All right. Yeah, all right. Those 9 in favor? 10 (The motion carried by unanimous vote, 4-0.) 11 JUDGE POLLARD: It's 4-0, unanimous. All right, 12 1.2, this is a public hearing to consider a one-way street 13 request for School Lane at Hunt from Dutch -- I guess that's 14 a street -- to F.M. 1340 to facilitate the safe and orderly 15 transportation of students, Precinct 4. Leonard Odom and 16 Charlie Hastings. 17 (The regular Commissioners Court meeting was closed at 9:15 a.m., and a public hearing was held in open 18 court, as follows:) 19 P U B L I C H E A R I N G 20 JUDGE POLLARD: And I'm informed that Dr. Dockery 21 wishes to speak first with regard to this. Dr. Dockery? 22 DR. DOCKERY: Thank you for having me. We have 23 gone through the process, and obviously, when I started this 24 process with Charlie Hastings and with Bob Reeves and a few 25 other people, one of the things that we knew was the timeline 9-22-14 17 1 requirement to do the public hearing, and so I felt that in 2 order to get this done as quickly as possible, we needed to 3 go ahead and begin this process so I could have it take 4 place. And we had not started transporting children or 5 switching anything. And what we've found is that our process 6 right now is working well for us. The Sheriff's been -- I've 7 seen the Sheriff and the constable more now these last few 8 weeks than I've seen them in the four years I've been here, 9 which has been very nice to have their presence there. But 10 right now, we were not trying to cause any hardship for our 11 neighbors or do anything else, and what we found is by 12 standing out there with lovely yellow vests and a stop sign, 13 our -- our procedure is taking care of this problem for us. 14 So, I would like to withdraw my request so that I 15 do not create a hardship. And part of that reason is, though 16 I respect and appreciate Charlie's opinion and Rusty's 17 opinion about the 24 hours, I feel that would cause a 18 hardship to our neighbors to have that street as a one-way, 19 and that was never my intention. So, we're going to try and 20 handle this procedurally. I apologize if I've wasted 21 people's time. It mainly was so that I could follow the 22 correct procedures, do it for a 30-day period, see how it 23 went. But I feel procedurally we're handling it well. 24 Sheriff, do you think it's going okay, procedurally? Charlie 25 Hastings is here in the room, and I know that he came out one 9-22-14 18 1 day and just did a tally. We've really only had probably 2 five cars in the duration that have gone the wrong way. We 3 posted it in our post office. Our community has just been 4 fabulous about supporting that. Our parents have done a 5 great job. So, at this time, I would like to formally 6 withdraw my request. I don't know if there's a process to do 7 that, but I think procedurally we have this handled. 8 JUDGE POLLARD: All right, thank you. Does anyone 9 else wish to speak on this at the public hearing? If not, 10 we'll close the public hearing. 11 (The public hearing was concluded at 9:17 a.m., and the regular Commissioners Court meeting was 12 reopened.) 13 - - - - - - - - - - 14 JUDGE POLLARD: And go to Item 1.3, which is to 15 consider, discuss, and take appropriate action for the Court 16 to consider a one-way street request for School Street in 17 Hunt from Dutch to F.M. 1340 to facilitate the safe and 18 orderly transportation of students. Mr. Hastings and 19 Mr. Odom. 20 MR. HASTINGS: Thank you. As Dr. Dockery just 21 mentioned, she's withdrawing her request for the one-way 22 street direction on School Lane from Dutch to F.M. 1340. 23 She's been able to -- in the time between her request and 24 today's date of the public hearing, she was able to implement 25 her own plan, and it's working well for her, and the one-way 9-22-14 19 1 is not -- it's not needed any more. 2 JUDGE POLLARD: Thank you. All right. Is there 3 any further discussion on this? I guess we can take a motion 4 to approve the withdrawal. 5 COMMISSIONER LETZ: No, we just need to -- I think 6 we just don't act on 1.3. 7 COMMISSIONER MOSER: Yeah. 8 JUDGE POLLARD: All right. All right, we'll just 9 not act on it, then. All right, we'll go to 1.4; consider, 10 discuss, and take appropriate action on request to waive the 11 fees for the use of the Union Church building for the 12 Schreiner Mansion historical sale. Mindy Wendele. 13 MS. WENDELE: Good morning. 14 JUDGE POLLARD: Good morning. 15 MS. WENDELE: Good morning, Judge, Commissioners. 16 I'm Mindy Wendele, Director of Schreiner Mansion and 17 Community Engagement for Schreiner University. You will -- 18 most all of you will remember that the Parker family gave the 19 Schreiner Mansion located at 226 Earl Garrett and all its 20 contents to the university about five years ago. Through our 21 programming and anticipated programming, there is a need for 22 us to sell things out of the mansion that do not require or 23 establish or enhance the programming that we want to do with 24 the mansion. We also have three storage units full of things 25 that we would like to -- like to sell. So, I humbly request 9-22-14 20 1 that the Commissioners waive fees for us to use the Union 2 Church located on Schreiner University campus from November 3 the -- November the 10th through the 15th. I'll be happy to 4 answer any questions. 5 COMMISSIONER LETZ: The only question I have is, 6 does the -- normally I'm not in favor of waiving fees. Does 7 -- in our deal with Schreiner, don't y'all get free access to 8 that? 9 MS. WENDELE: That is my understanding, 10 Commissioner, yes. But this is a week. This is -- we have 11 -- because we have so many items to inventory, to merchandise 12 and stage, we need the whole week, and it's coming from two 13 different places. And so that's -- that is a -- it's my 14 understanding it's beyond the agreement. 15 COMMISSIONER BALDWIN: What are you talking about, 16 "sale"? Are you talking about a garage sale? An auction? 17 MS. WENDELE: We're talking about -- I wouldn't 18 call it, Commissioner, a garage sale, because it is not -- 19 these are items that were given to the Hill Country 20 Preservation Society that Mrs. Dodo Parker had collected over 21 the years. Many of them are antiques. Many of them are not. 22 We have everything from antique oak cabinets from Schreiner's 23 Department Store to 1974 Selectric typewriters, that some 24 people in the room may not even know what that is, that do 25 not enhance our programming for what we have planned and are 9-22-14 21 1 doing and have planned for the -- for the mansion. It will 2 be staging Monday through Friday, and then have the sale 3 Friday evening and Saturday all day, and we'll be out of that 4 building, the church, of course, Saturday evening. 5 COMMISSIONER MOSER: So it's just going to be a 6 sale? People come and you put a price on things and -- 7 MS. WENDELE: Correct. 8 COMMISSIONER MOSER: Just like a garage sale, yard 9 sale, whatever. 10 COMMISSIONER BALDWIN: Shhh, you can't call it 11 that. 12 MS. WENDELE: A historic sale. 13 COMMISSIONER MOSER: Why not? 14 COMMISSIONER BALDWIN: She doesn't want you to. 15 COMMISSIONER MOSER: Oh, sorry. 16 MS. WENDELE: A historic sale. Now, proceeds -- 17 proceeds from the sale go directly into the mansion operating 18 budget, which will -- the funds are earmarked for programming 19 for special exhibits, for lecture costs, those type of 20 things. 21 COMMISSIONER MOSER: But it needs to be in an 22 enclosed -- 23 MS. WENDELE: Yes, sir. 24 COMMISSIONER MOSER: -- facility like Union Church? 25 It can't be in the pavilion? 9-22-14 22 1 MS. WENDELE: Yes, sir. We had talked about the 2 Robbins and Lewis Pavilion, but there is -- there's a 3 security issue. There's an inclement weather issue. I would 4 love for us to stick it there and have pouring down rain, 5 about 10 inches, but that's probably not great for a sale. 6 COMMISSIONER BALDWIN: My only comment is, if that 7 facility was anywhere else, I would say no, but we have a 8 partnership with Schreiner University, and we -- that houses 9 our Union Church, and so I think that because of that 10 partnership, we should participate. 11 JUDGE POLLARD: I agree with that. 12 COMMISSIONER BALDWIN: I move for approval of the 13 agenda item. 14 COMMISSIONER REEVES: I second. 15 JUDGE POLLARD: Is there any further discussion? 16 If not, those in favor, signify by raising your right hand. 17 (The motion carried by unanimous vote, 4-0.) 18 JUDGE POLLARD: It's 4-0, unanimous. 19 MS. WENDELE: Thank you very much. 20 COMMISSIONER MOSER: It's catching, Jonathan. 21 COMMISSIONER BALDWIN: Oh, no. 22 JUDGE POLLARD: All right. Item 1.5; consider, 23 discuss, and take appropriate action to approve County Choice 24 Silver Retiree Medical Program to reflect changes for the 25 January 2015 renewal period for Kerr County retirees. Dawn 9-22-14 23 1 Lantz. 2 MS. LANTZ: Good morning, Judge, Commissioners. 3 Several weeks ago, I brought this to the Court for you to 4 change the retirees over to the County Choice program, and 5 because that program runs in line with Medicare, we put the 6 retirees from October to the end of December on that program. 7 However, they have a renewal rate that goes in line with 8 Medicare, so last week -- or a couple of weeks ago, I'm 9 sorry, TAC sent me the new renewal, which did increase 10 slightly, around $25, but we'll still be saving around 11 $200-something per employee that is on the plan. So, I just 12 needed to bring those changes to the Court's attention and 13 have them approved. 14 COMMISSIONER BALDWIN: The only changes are the -- 15 that amount of money? 16 MS. LANTZ: Yes, sir. 17 COMMISSIONER BALDWIN: And it's around 25 bucks? 18 Let's see. Are all of them the same? The retiree medical 19 and the medications? 20 MS. LANTZ: Yes. The program stays exactly the 21 same. 22 COMMISSIONER BALDWIN: Okay. 23 MS. LANTZ: It's only they renewed through the 24 pool. This was the renewal rate through the pool with United 25 Health Care. 9-22-14 24 1 JUDGE POLLARD: Sheriff? 2 SHERIFF HIERHOLZER: The only comment I have is 3 that when this first came up at the Commissioners Court 4 meeting, the Court passed an order -- I thought I understood 5 it -- that the County was going to pick up 250, and the 6 retirees pick up the rest. Is that correct? 7 MS. LANTZ: Retiree pays 250, and the -- 8 SHERIFF HIERHOLZER: Okay. 9 MS. LANTZ: -- County pays the rest. 10 SHERIFF HIERHOLZER: The rest. But in the order, I 11 didn't see any of that language that was issued. All I saw 12 is that they approved this program, but not the percentage or 13 anything that the County or the employee -- retiree would 14 pay. I think future retirees looking back at that, it may be 15 a little -- 16 COMMISSIONER BALDWIN: I agree with Rusty. We need 17 to have -- we need to have that information in there, 18 absolutely. Can we do it right now in this one? 19 MS. LANTZ: Mm-hmm. 20 JUDGE POLLARD: I don't think so. It's not on the 21 agenda right now. 22 SHERIFF HIERHOLZER: Well, I think it was approved; 23 it's just the way the order was written. So, I don't know if 24 the order can be rewritten correctly, or if it has to come 25 back up. 9-22-14 25 1 JUDGE POLLARD: Well, let's put it on the next 2 agenda to clarify and amend the order to so provide. 3 COMMISSIONER BALDWIN: Well, by approving this 4 change today establishes those numbers. 5 MS. LANTZ: Yes, we can establish that, because 6 this is a new contract that goes into effect January 1st. 7 JUDGE POLLARD: It has that breakdown in it? 8 MS. LANTZ: Yes, it does. 9 JUDGE POLLARD: All right. 10 MS. STEBBINS: I think that you can do it today. I 11 think that you can make that change today in the order. 12 COMMISSIONER BALDWIN: So moved. 13 COMMISSIONER REEVES: Second. 14 JUDGE POLLARD: It's been moved and seconded. Any 15 further discussion? There being none, those in favor, 16 signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE POLLARD: It's 4-0, unanimous. 19 MS. LANTZ: Thank you. 20 JUDGE POLLARD: Thank you, Dawn. Item 1.6; 21 consider, discuss, and take appropriate action on request by 22 Hill Country Dispute Resolution Center, H.C.D.R.C., to renew 23 contract with Kerr County to provide mediation services in 24 Kerr County, and for funding. Mr. Reaves? Hi, how are you 25 today? 9-22-14 26 1 MR. REAVES: Judge Pollard, very fine. Thank you 2 very much. 3 JUDGE POLLARD: It's Colonel Reaves, I apologize. 4 MR. REAVES: The Hill Country Dispute Resolution 5 Center is a 501(c)(3) nonprofit organization that's been 6 providing mediation services for Kerr County since October of 7 2002, and we'd like to continue that relationship during the 8 next fiscal year. Last year, 2013, we did 75 Kerr County 9 cases; 65 of those resulted in a settlement, and that's 10 almost 87 percent. The kind of cases that we handled last 11 year included some 43 family law cases, 23 Child Protective 12 Service cases, and then a smattering of others including real 13 estate, probate, guardianship, and personal injury. The 14 savings comes in a number of ways. It makes the -- helps 15 relieve some of the court overcrowding on the docket. The 16 greatest savings is that people feel like an agreement they 17 have helped to make is -- is something that will stand the 18 test of time. They're more satisfied, and -- and they're 19 listened to by our volunteer mediators. It's a -- 99 percent 20 of the people go out of the door saying, "Thank you," even if 21 they didn't reach an agreement that day. And there are 22 subsequent cases that settle on the steps of the courthouse 23 based on the ideas that were presented at the time during 24 mediation. 25 In the -- in the current contract, we are 9-22-14 27 1 requesting again $14,000. This money comes from fees paid by 2 persons filing lawsuits, and those -- those fees go into this 3 exclusive fund, which the County can decide if they want to 4 utilize it in this regards. And I -- we've been asked before 5 in the past, "Well, how much are the other counties 6 providing?" I can tell you in 2013, there was a total of 7 some $38,000 in A.D.R. funds from the various counties that 8 we support, and including the 14,000 that Kerr County 9 provided, so Kerr County provided some 37 percent of the 10 funding. But the number of cases we have, we had a total of 11 163; 75 were Kerr County. Kerr County got 46 percent of the 12 cases out of that. We very much appreciate the support of 13 the Kerr County Commissioners, and thank you so much for -- 14 JUDGE POLLARD: Why don't you review what areas are 15 serviced by the D.R. Center, which counties and areas. 16 MR. REAVES: Well, the primary counties in terms of 17 volume are Kerr and Gillespie and Kendall and Bandera. Now, 18 we also have a smattering of cases from the other counties 19 within the 198th and the 216th, and we're willing to mediate 20 out-of-county cases, but we charge them $50 a side extra. 21 The idea of the D.R.C. is to provide affordable mediation for 22 all Kerr County residents, whether it's at J.P. courts, if 23 the J.P. decides to send it to mediation. And these days, 24 with the higher amount in controversy that can be allowed, 25 you may have attorneys on both sides, so J.P.'s have grown 9-22-14 28 1 much more -- have much more expanded jurisdiction than they 2 used to. And -- 3 COMMISSIONER MOSER: So you said something about 4 fees that you receive. Would you repeat that again? 5 MR. REAVES: Yes, sir. We receive A.D.R. 6 allotments like we're requesting from Kerr County 7 Commissioners from all of those counties. 8 COMMISSIONER MOSER: From the parties involved in 9 the -- 10 MR. REAVES: Yes, sir. 11 JUDGE POLLARD: $300 a side. 12 COMMISSIONER MOSER: $300, okay. That was my 13 question, okay. 14 MR. REAVES: Yes, sir. 15 COMMISSIONER MOSER: And so -- 16 JUDGE POLLARD: Unless they go past 5:00. 17 MR. REAVES: And if it's a J.P. case, it's 150, or 18 if it's a community case, it's 150 a side. 19 COMMISSIONER MOSER: How do those revenues compare 20 to your expense? 21 MR. REAVES: Well, percentage-wise, our greatest 22 revenues are the A.D.R. funds and the fees paid by the 23 parties. 24 COMMISSIONER MOSER: So, what percentage -- what's 25 a breakdown of those percentages? How much comes from A.D.R. 9-22-14 29 1 funds and how much comes from the parties? 2 MR. REAVES: More comes from the parties. 3 COMMISSIONER MOSER: Oh. 4 MR. REAVES: And I would have to check my budget to 5 see exactly, but I can tell you that what we've projected for 6 this year is -- is about 45,000 in A.D.A. fees, and that's 7 probably a little too optimistic, and 65,000 from the fees 8 paid by the parties to mediation. 9 COMMISSIONER MOSER: Okay. 10 MR. REAVES: And right now it looks like we're 11 right on track for that amount. 12 COMMISSIONER MOSER: Is this kind of standard, 13 Judge, for operational procedures throughout the state, 14 having these type of services? 15 JUDGE POLLARD: Far as I know, it is. There are 16 going to be some different arrangements in different 17 counties, but I'm not all that familiar -- Ed, are you 18 familiar with what Travis County does and some other -- Tom 19 Green County? I know they both have real active A.D.R. -- 20 MR. REAVES: Well, there's quite a variety of 21 dispute resolution center organizations, like in Bexar 22 County, it's part of the county government and nobody pays a 23 fee. Everything is funded by the county. 24 COMMISSIONER MOSER: The taxpayers. 25 MR. REAVES: Right. And in Austin, they have a -- 9-22-14 30 1 a setup very much like ours. The bigger cities tend to have 2 a little lower settlement rate. I think Dallas, a couple 3 years ago, was 54 percent. Now, that's still a tremendous 4 amount of good that they do for the people in Dallas County 5 because of the huge volume of cases. But because we're 6 small, we get to talk to both sides in advance, get an idea 7 of the issues, and try and recruit who we think would be the 8 best mediator to solve that case, and that's why our 9 settlement rate is up around 87 percent right now. 10 COMMISSIONER MOSER: So, is -- pardon me for not 11 knowing more background on this, but is this sanctioned -- by 12 whom? Who does the Dispute Resolution Center -- 13 MR. REAVES: This is -- the Hill Country A.D.R. -- 14 Dispute Resolution Center is a creature of our two District 15 Courts and the local Bar Association. That's who created it. 16 It's based on legislation passed by the Texas State 17 Legislature. 18 COMMISSIONER MOSER: I see. 19 MR. REAVES: And right now there's only, like, 20 about 17 to 20 D.R.C.'s in the state of Texas. 21 COMMISSIONER MOSER: In the state? 22 MR. REAVES: Primarily in the areas where there's 23 the most population centered. There are a lot of rural areas 24 that do not have that as an option. 25 COMMISSIONER MOSER: So, from a taxpayer 9-22-14 31 1 standpoint, you're saying that this is a good deal? 2 MR. REAVES: Well, if I may quote Robbin Burlew 3 from the newspaper article I saw back in July, each case 4 saves a certain amount of money. And if I remember 5 correctly, Robbin, a civil case could cost anywhere from 6 $1,500 to $10,000? 7 MS. BURLEW: Yes, sir, depending on, you know, our 8 trial and so forth, and how long the trial goes. 9 MR. REAVES: Particularly C.P.S. cases, I'm sure. 10 MS. BURLEW: Those last for years. 11 MR. REAVES: Yeah. They -- both of the C.P.S. 12 judges have told me that every time we settle a C.P.S. case 13 as an alternative to having a jury trial, the trial would 14 last at least five full days, and have a tremendous amount of 15 people whose clocks are running the whole time for fees. 16 Sometimes there are three fathers involved in a C.P.S. case, 17 and there's ad litems, and it's a -- mediating C.P.S. cases 18 is like mediating with a football team, there are so many 19 people there. But, you know, they're such good folks. Their 20 hearts are in the right place. They're concerned about the 21 children, first and foremost, but they also want to see mom 22 and dad succeed if they can. Their first objective is to 23 reunify the family if that's possible, or otherwise to do 24 what's necessary. 25 COMMISSIONER MOSER: One other question, if I may. 9-22-14 32 1 You're asking for $14,000 -- 2 MR. REAVES: Yes, sir. 3 COMMISSIONER MOSER: -- from Kerr County. How's 4 that amount varied in the last three years? 5 MR. REAVES: It hasn't. 6 COMMISSIONER MOSER: It hasn't, okay. And it's in 7 our budget? 8 MS. HARGIS: Yes. 9 COMMISSIONER MOSER: Thank you. 10 MR. REAVES: Thank you. 11 COMMISSIONER BALDWIN: My favorite thing about it, 12 Ed, and I say this every year, is the fact that it relieves 13 the pressure and relieves the load off of our courtrooms. If 14 you guys weren't in session doing your thing, who knows what 15 it would -- what our district, our all of our courtrooms 16 would look like. But my very favorite thing is -- is that 17 people sit down across the table from each other and work out 18 their issues like we should be doing, as opposed to hiring a 19 bunch of damned lawyers and going through the court system. 20 But, anyway, I really like what y'all do. I do. 21 MR. REAVES: It's a lot of fun, Commissioner 22 Baldwin. We have had cases -- years ago, I remember one case 23 where we had two businessmen who would not face each other at 24 the table. They'd literally turn their chairs around, you 25 know, and at the end of the mediation they were best buds. 9-22-14 33 1 (Laughter.) You know, so that's -- 2 JUDGE POLLARD: That only lasted for a day, but -- 3 COMMISSIONER BALDWIN: Yeah. (Laughter.) 4 MR. REAVES: And so it's very gratifying when that 5 happens. 6 COMMISSIONER BALDWIN: Yeah, absolutely. 7 JUDGE POLLARD: Let me just say too that there are 8 a lot of folks in our community that volunteer to be 9 mediators. About how many do you have, Ed? 10 MR. REAVES: Over 100. 11 COMMISSIONER MOSER: Wow. 12 JUDGE POLLARD: Yeah. 13 MR. REAVES: They stretch from Del Rio up to 14 Austin. We have people who are -- 15 JUDGE POLLARD: They drive a long way to -- to 16 volunteer to mediate here, and some really highly qualified 17 people. 18 COMMISSIONER BALDWIN: Are you one of those? 19 JUDGE POLLARD: Well, this is one of my favorite 20 pro bono projects. I served on their board for -- how long 21 was it, 10 or 11 years? And was chairman of their board -- 22 president of the board. And I try to volunteer to do 23 mediations at least twice a month. This is a great service, 24 and it's a very rewarding thing, by the way, to sit down with 25 people that are very -- who have a very acrimonious 9-22-14 34 1 relationship, and to resolve it where they walk away feeling 2 satisfied. I've often described in mediations that a good 3 mediation agreement is one that neither party is particularly 4 crazy about, but they can both live with. 5 COMMISSIONER BALDWIN: Yeah. 6 JUDGE POLLARD: And they have -- so that means they 7 each have something involved that they created and wanted in 8 that settlement agreement that they got. That kind of 9 agreement is going to endure. It's likely to last a long 10 time and not be broken, as opposed to one where it's a 11 judgment of a court. Oftentimes, neither party likes those 12 at all, and that's just the way the system runs. But it's a 13 great -- it's a really great service, and it's my favorite -- 14 I spend a lot of time on this, and it was with great regret 15 that I had to withdraw from their board when I was elected 16 County Judge, because I really enjoyed doing that, acting on 17 their board. 18 COMMISSIONER MOSER: I move -- 19 JUDGE POLLARD: I highly recommend it. 20 COMMISSIONER MOSER: I move that we approve the 21 contract with the Hill Country Dispute Resolution Center for 22 next year. 23 COMMISSIONER BALDWIN: And? 14,000? 24 COMMISSIONER MOSER: Yeah, for $14,000. Okay, for 25 the amount requested. 9-22-14 35 1 COMMISSIONER BALDWIN: Second. 2 JUDGE POLLARD: It's been moved and seconded that 3 we renew the contract with Hill Country Dispute Resolution 4 Center for the next year, $14,000. Is there any further 5 discussion? There being none, those in favor, signify by 6 raising your right hand. 7 (The motion carried by unanimous vote, 4-0.) 8 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 9 Colonel Reaves. 10 MR. REAVES: Thank you, sir. 11 JUDGE POLLARD: And thanks to Hazel, too. 12 MR. REAVES: Yes, sir. 13 JUDGE POLLARD: Hazel's kind of their -- the one 14 that puts everything together over there, and she's sort of 15 the Jody -- the Jody of the D.R. Center. (Laughter.) 16 COMMISSIONER BALDWIN: God, there's not two, are 17 there? 18 JUDGE POLLARD: There are. All right, let's go to 19 Item 1.7 and 1.8. I'm informed that both of those, there's 20 been a request that they be passed. Is that correct? 21 COMMISSIONER MOSER: Let me make a comment on both 22 of those, if I may. 23 JUDGE POLLARD: Sure. 24 COMMISSIONER MOSER: It's just for information. On 25 1.7, which is the lease between the Airport Board and Mooney 9-22-14 36 1 International on the facilities at the airport, the Airport 2 Board, last Monday, approved that lease. The intent here was 3 just to bring it to Commissioners Court for information. And 4 it -- Jonathan and I went through the proposed lease with the 5 County Attorney. We sent our comments in; they were 6 incorporated. I believe the same thing's been done for the 7 City. So, that lease has been submitted to Mooney 8 International for approval. I don't think there'll be any 9 issues there, but that's the only thing that's left to do. 10 So, that lease has been a long time coming, but it's -- it's 11 there. 12 JUDGE POLLARD: Does it require that the County and 13 the City also approve it after Mooney does, and after -- 14 COMMISSIONER MOSER: No. 15 JUDGE POLLARD: -- the Airport Board -- 16 COMMISSIONER MOSER: No, Airport Board has the 17 authority. 18 JUDGE POLLARD: Okay. 19 COMMISSIONER LETZ: Just -- 20 JUDGE POLLARD: But it binds the City and the 21 County to certain obligations. 22 COMMISSIONER MOSER: Just to lease the facilities, 23 yes. I mean, it's stipulated in there, a lot of things. You 24 know, the lease rate, conditions, maintaining, a lot of 25 things, yeah. 9-22-14 37 1 COMMISSIONER LETZ: The -- 2 COMMISSIONER MOSER: But that's what we've 3 authorized the Airport Board to have that authority to do. 4 COMMISSIONER LETZ: Just a comment. The interlocal 5 agreement allows the Airport Board to lease it on our behalf, 6 and the City and the County have agreed to that. Because the 7 nature of this is important to this lease, the City and the 8 County and the County Attorney and City Attorney have all 9 been much more involved than usual, just to make sure 10 everyone's on the same page. I believe that's the case. 11 MS. STEBBINS: Yes, sir. 12 COMMISSIONER MOSER: Okay. So no action is 13 required, but I did think it was important to make sure 14 everybody knew where we stood on that. And then the other 15 thing on 1.8, the Mooney roof. At the request of the City 16 and the County, a consultant was hired by the Airport Board 17 to make an assessment of the roof and the structure 18 supporting those roofs and structure of the facilities. That 19 has been completed. The other thing that the consultant was 20 to do was to prepare specifications to be incorporated as 21 part of the Request for Proposal. Those specifications, as 22 of last Friday, I think, still have not been submitted to 23 Mooney, but they should be this week. And with that, Mooney 24 will go out for Request for Proposal, prioritize what they 25 have and what they need to do to have their production ready. 9-22-14 38 1 The -- one of the -- the consultant made a ROM, a rough order 2 of magnitude estimate of what the repair work would be. It 3 came in about 1.4 million. The City and the County both 4 together allocated one million for that. Mooney has 5 indicated that they would cover an additional 100,000, so it 6 may be that some of the work -- and Mooney has the 7 flexibility to say, you know, "We need this facility; we 8 don't need that facility." They may be able to move some of 9 their operations around internally. 10 JUDGE POLLARD: Stage it. 11 COMMISSIONER MOSER: Stage it, and so that -- and 12 so I think that that's good to have Mooney in the driver's 13 seat on that, and so they have the consult and advice and the 14 oversight from the consultant. They'll oversee both the 15 Request for Proposal, help evaluate the proposals, but the 16 consultants will not have the authority to dictate anything, 17 so just in a consulting capacity. So, I think we're moving 18 along on that. I don't know what happened with all this rain 19 we had last week to Mooney. You know, it's kind of put your 20 head in the sand, and -- they think that, you know, on a 21 schedule I pulled, that perhaps by first of December we can 22 have this work complete. I hope that's what it's going to 23 be. So that's -- 24 JUDGE POLLARD: Just for the record, I have some 25 concern about the ability of the Airport Board to bind the 9-22-14 39 1 City and the County on items. I think that might be a 2 delegation of some of the governmental functions of those two 3 entities, and I'd like for you to look into that, let me know 4 what you think. 5 COMMISSIONER MOSER: Okay. 6 JUDGE POLLARD: All right. 7 COMMISSIONER MOSER: That's all I have. 8 COMMISSIONER LETZ: On that comment, Judge, -- 9 JUDGE POLLARD: Mm-hmm. 10 COMMISSIONER LETZ: -- the airport's very unique 11 because of -- it comes under lots of different -- 12 Transportation Code, previous votes, and -- and the way it 13 was structured, it is not like a normal entity. That's just 14 for -- when you're looking it up, it's not just a matter of 15 contracting. It's a matter of you have to look at a lot of 16 the Transportation Code, a lot of other codes to -- to come 17 full circle. I think the -- I don't want to speak for the 18 City, but we looked at that when we did the interlocal 19 agreement, and I think this is consistent with the law. But 20 we -- it certainly doesn't hurt to look at it again. 21 MAYOR PRATT: I'd add one thing to that. The two 22 parties can always go back and amend the interlocal agreement 23 as to what authority is given. 24 COMMISSIONER LETZ: Right. 25 MAYOR PRATT: That's been discussed, like the 9-22-14 40 1 dollar amount for approval without having to come to either 2 party. 3 COMMISSIONER LETZ: So -- and their interlocal 4 agreement, I believe, is up for renewal at the end of 5 September 2015. 6 COMMISSIONER MOSER: I think that's right. 7 JUDGE POLLARD: Do you understand what my concern 8 is? 9 MS. STEBBINS: Yes, sir. 10 JUDGE POLLARD: Okay. All right. We'll skip, 11 then, except for those comments, 1.7 and 1.8, and go to 1.9; 12 consider, discuss, and take appropriate action on amendments 13 and additions to the Policy and Procedure Manual for Kerr 14 County Juvenile Detention Center. Mr. Davis? 15 MR. DAVIS: Good morning, Judge, Commissioners. 16 JUDGE POLLARD: Howdy. 17 MR. DAVIS: This is what we've been working on. 18 This is the manual that will be presented to Texas Juvenile 19 Justice Department. It has significant changes in it. These 20 changes have been through the County Attorney's office. The 21 County Attorney has approved these changes, and I would ask 22 that the Court approve this manual so that I can present that 23 to T.J.J.D. next month at our audit, and they should be here 24 October the 20th. All documents were due to them as of 25 Saturday, September the 20th, they'll begin our audit. 9-22-14 41 1 Usually takes about a week for them to complete that. And 2 the change -- this manual has been here. Also, the clerk has 3 a copy of it, I believe, and I have it on a flash drive if 4 you would like. The changes that have been available and in 5 y'all's office were highlighted. The last time that I can 6 find record that this Court approved a manual was 2010. 7 There -- through my opinion, and I believe the legal opinion 8 of the County Attorney, there is a statutory requirement for 9 the governing board -- that would be you all -- to approve 10 this manual. I would ask that you approve the manual so that 11 I may present that and bring it into effect. 12 COMMISSIONER BALDWIN: I move for approval. 13 COMMISSIONER LETZ: Second. 14 JUDGE POLLARD: It's been moved and seconded for 15 approval of the policies and procedures manual for the 16 juvenile facility. Those -- is there any further discussion? 17 COMMISSIONER REEVES: Mr. Davis, did you say a 18 majority of those changes were brought about by changes in 19 the law that we had to follow? Is that correct? 20 MR. DAVIS: That's exactly right, Commissioner. 21 And the changes that are here are not personal changes I've 22 made; they are to be in compliance with state statutes, state 23 standards. We're merely mirroring what the changes are in 24 the law over the last session, basically, two years ago. 25 We're watching those, what the standards are. 9-22-14 42 1 COMMISSIONER REEVES: Thank you. 2 MR. DAVIS: Yes, sir. 3 JUDGE POLLARD: All right. Any further discussion? 4 If there's none, those in favor of the motion, signify by 5 raising your right hand. 6 (The motion carried by unanimous vote, 4-0.) 7 JUDGE POLLARD: It's 4-0, unanimous. You are 8 official. 9 MR. DAVIS: Thank you, Your Honor. Thank you, 10 Commissioners. 11 JUDGE POLLARD: Thank you. All right. Item 1.10; 12 consider, discuss, and take appropriate action to hire a 13 deputy clerk to fill the budgeted position, beginning 15.1. 14 Robbin Burlew. 15 MS. BURLEW: Morning. How are y'all doing? I had 16 one of my deputy clerks that presented her resignation, so 17 I'm requesting from the Court to post and fill this budgeted 18 position. 19 COMMISSIONER LETZ: Move approval. 20 COMMISSIONER BALDWIN: Second. 21 MS. BURLEW: Thank you. 22 JUDGE POLLARD: I have a question for you, -- 23 MS. BURLEW: Yes, sir? 24 JUDGE POLLARD: -- Robbin. Who is this that -- 25 which position is it that resigned? 9-22-14 43 1 MS. BURLEW: It was Deleana Piper. 2 JUDGE POLLARD: Okay. And what did she do 3 primarily? 4 MS. BURLEW: She was just a deputy clerk, as far as 5 doing civil. 6 JUDGE POLLARD: And you have other clerks that do 7 the same thing? 8 MS. BURLEW: Yes, sir. 9 JUDGE POLLARD: Okay. What -- you can't get by 10 without this particular position being filled; is that 11 correct? Or not? 12 MS. BURLEW: That is correct. Because, I mean, 13 we're -- we're busy every day, and we have projects -- you 14 know, she's been out probably, oh, three or four months, so 15 we've actually had a part-time person working with us, and so 16 it's just been hard on us, because we can't do our exhibits; 17 we can't keep up with our scanning and so forth. 18 JUDGE POLLARD: Who's the -- how did you arrange 19 the part-time deal? This is a temp, or what? 20 MS. BURLEW: Yes, sir. It was actually someone 21 that was -- 22 MS. LANTZ: In our floater pool. We have a floater 23 pool that they can use. 24 MS. BURLEW: So I've been using her. But due to 25 the -- our office and the situation it's in, she's not able 9-22-14 44 1 to work for me at this time. 2 JUDGE POLLARD: All right. Is there any further 3 discussion? If not, those in favor of the motion, signify by 4 raising your right hand. 5 (The motion carried by unanimous vote, 4-0.) 6 JUDGE POLLARD: It's 4-0, unanimous. 7 COMMISSIONER BALDWIN: Judge, I'd like to say it 8 was a nice try. 9 JUDGE POLLARD: Nice try, what? 10 COMMISSIONER BALDWIN: To rectify this thing 11 without filling the position. 12 JUDGE POLLARD: Yeah, I'm -- I intend to ask those 13 kind of questions on every one of them from now on. 14 COMMISSIONER BALDWIN: Seems like to me a plan 15 would be to spread the work out, as well as money out to the 16 present employees. 17 JUDGE POLLARD: I think so, too. 18 COMMISSIONER BALDWIN: You can stand here and argue 19 with them all day long. 20 JUDGE POLLARD: Yeah. 21 COMMISSIONER BALDWIN: And sometimes days. Thank 22 God Linda Uecker's not here. We'd all be beat up by now. 23 (Laughter.) 24 COMMISSIONER MOSER: Oh, yeah, you'd have been on 25 the floor. 9-22-14 45 1 JUDGE POLLARD: All right, we're going to 1.11; 2 consider, discuss, take appropriate action to approve and 3 renew the contract between Texas Department of State Health 4 Services, D.S.H.S., and Kerr County Clerk's office to have 5 access to print and process birth certificates, and authorize 6 the County Judge to sign the contract. Jannett Pieper. 7 COMMISSIONER MOSER: We can come back. 8 JUDGE POLLARD: Is there anybody here to address 9 that issue? 10 MS. BOLIN: I've given Jody the contract. It's 11 been approved by the County Attorney already. It's just an 12 annual contract with the State so we can do birth 13 certificates for out of county. 14 JUDGE POLLARD: You've gone over the contract? 15 MS. STEBBINS: I've reviewed the contract, yes, 16 sir. 17 JUDGE POLLARD: All right. I'll entertain a 18 motion. 19 COMMISSIONER BALDWIN: Is that your recommendation? 20 MS. BOLIN: Yes, sir. 21 COMMISSIONER BALDWIN: Okay. 22 COMMISSIONER REEVES: I'll make a motion to approve 23 the contract, authorize the appropriate signatures. 24 JUDGE POLLARD: Is there a second? 25 COMMISSIONER LETZ: Second. 9-22-14 46 1 JUDGE POLLARD: Any further discussion? If not, 2 those in favor, signify by raising your right hand. 3 (The motion carried by unanimous vote, 4-0.) 4 JUDGE POLLARD: I think it would be appropriate at 5 this time to mention that I have -- I was informed about a 6 week ago by Ms. Pieper that she had taken a part-time job 7 over in Bandera, and would be still acting as clerk, but 8 would be here on a limited basis until the end of her term. 9 So, I guess that's why she's not here today, if there has to 10 be an explanation for that. All right. Is there any 11 questions or comments about that? 12 COMMISSIONER MOSER: Did we vote? 13 JUDGE POLLARD: We did vote on it. 14 COMMISSIONER MOSER: Okay. 15 JUDGE POLLARD: Didn't we vote on this? 16 COMMISSIONER LETZ: Did we vote yet? We voted, 17 right? 18 COMMISSIONER BALDWIN: Judge, I will make a comment 19 about it. I don't think it's the right thing to do for a 20 person to take taxpayers' money as a salary, and not show up 21 for work, period. And I don't know that there's anything 22 that anybody can do, but -- 23 JUDGE POLLARD: I think she's -- 24 COMMISSIONER BALDWIN: -- it ain't right. 25 JUDGE POLLARD: I think she's an elected official. 9-22-14 47 1 COMMISSIONER BALDWIN: Correct. 2 JUDGE POLLARD: From my understanding, she can do 3 that. Okay. 4 COMMISSIONER BALDWIN: Still ain't right. 5 JUDGE POLLARD: All right. I appreciate your 6 comments on it. 1.12; consider, discuss, and take 7 appropriate action on clarification of agreement with 8 Kerrville Convention and Visitors Bureau to use electrical 9 equipment from the Kerrville -- from the River Star Park. 10 Commissioner Letz. I'm really looking forward to this. 11 (Laughter.) 12 COMMISSIONER LETZ: I mentioned last time -- 13 COMMISSIONER MOSER: Don't get choked up. 14 COMMISSIONER LETZ: Yeah, don't get choked up on 15 this. The -- when we bid on that, I became aware -- I told 16 everybody that the Convention and Visitors Bureau was 17 interested in buying the same equipment that the County was 18 interested in buying at the auction. And, anyway, I ran into 19 Charlie McIlvain at H.E.B., of all places. Anyway, I said, 20 you know, "I don't see a reason for us to bid against each 21 other. It's important for the County to get this." And 22 there was no agreement made. I said I wouldn't see any 23 reason why we wouldn't let them use it -- you know, use the 24 equipment if needed. Didn't clarify where, when, or anything 25 about it. You know, I don't think there's an agreement. 9-22-14 48 1 Certainly, I cannot bind the county into an agreement. But I 2 think if -- you know, if the equipment -- you know, we own 3 it. If other entities use it, that's in the -- that we're 4 working with and kind of in a partnership with, I see no 5 problem with letting them use that equipment. But it's 6 equipment intended -- it's County-owned. And there was no -- 7 clearly, Charlie knows that, you know, I can't bind the 8 County -- 9 COMMISSIONER MOSER: They sent us a letter, though, 10 saying that -- I forgot exactly what it says. Their 11 understanding. 12 COMMISSIONER LETZ: Their understanding is -- 13 COMMISSIONER MOSER: I think we need to send them a 14 letter from Your Honor -- 15 JUDGE POLLARD: What do we need -- what do we do 16 today? 17 COMMISSIONER REEVES: I think we should just agree 18 that on any of the ones that you were talking about, take it 19 on it a case-by-case basis. 20 COMMISSIONER LETZ: Yeah. 21 COMMISSIONER REEVES: When the need arises, if it's 22 available, if we can lease it, if we can loan it, but just 23 take it on a case-by-case basis, and come back before the 24 Court as needed. 25 COMMISSIONER MOSER: I agree with that, but all I'm 9-22-14 49 1 saying is since they sent us a letter with an understanding, 2 do we need to respond with a letter from the Judge saying -- 3 stating our position? That's what I think we should do. 4 JUDGE POLLARD: I do too. 5 COMMISSIONER LETZ: Okay. Well, I don't have a 6 problem with that. 7 COMMISSIONER MOSER: Okay. 8 COMMISSIONER LETZ: You know -- 9 COMMISSIONER MOSER: Just to close it out. 10 COMMISSIONER LETZ: Right. I guess if -- if you 11 want to close it out, and if you want to take action, I'll 12 make a motion that we authorize the County Judge to send a 13 letter to the Convention and Visitors Bureau that we'll be 14 glad to work with them on various electrical equipment and 15 any other county property on events; we'll consider it on a 16 case-by-case basis. 17 COMMISSIONER MOSER: Second. 18 JUDGE POLLARD: All right. 19 COMMISSIONER BALDWIN: Explain that to me, please. 20 I mean, are you going to -- I heard use it if it's available; 21 we'll rent it to them if it's available. You know, what -- 22 COMMISSIONER LETZ: Like, as we look at -- if they 23 have -- if the event, you know, is at the county property 24 that we have out there, certainly, to me, it should be 25 available, and I wouldn't think we would charge them for it, 9-22-14 50 1 would be my thought. If they're going to do it and want to 2 take it to Austin for some function they're working on, the 3 answer, to me, would be no, they shouldn't. No. But, I 4 mean -- 5 COMMISSIONER BALDWIN: But his note says he wants 6 to use it in meetings that take place in Kerr "Country." I'm 7 just reading what he wrote there. 8 COMMISSIONER LETZ: Right. I mean, my motion 9 basically is there's no formal agreement -- 10 COMMISSIONER BALDWIN: So -- 11 COMMISSIONER LETZ: -- with us. 12 COMMISSIONER BALDWIN: -- if he wants to use it at 13 a function in Hunt, are we going to rent it to them? Or are 14 they going to be able to use it? 15 COMMISSIONER LETZ: I think we'll consider it at 16 the request. I don't think we -- I don't think there is a 17 deal. 18 COMMISSIONER MOSER: I don't think we -- I don't 19 think that they ought to have precedence or preference over 20 anybody else. 21 COMMISSIONER LETZ: No. 22 COMMISSIONER MOSER: I think that's what they 23 think, and I think we need to clarify that. 24 COMMISSIONER LETZ: Right. 25 COMMISSIONER BALDWIN: That may be a good point. 9-22-14 51 1 COMMISSIONER MOSER: Right. 2 JUDGE POLLARD: Well, a thought's running through 3 my mind -- I'll get to you in a minute, Tim. 4 MR. BOLLIER: The only thing that -- 5 JUDGE POLLARD: Go ahead. 6 COMMISSIONER LETZ: Or now. 7 JUDGE POLLARD: Go ahead. 8 MR. BOLLIER: I'm sorry, Judge. 9 JUDGE POLLARD: That's all right, go ahead. 10 MR. BOLLIER: The only problem I have with that is 11 that that electrical equipment that we have there at the 12 barn, that's a lot of money. That's a lot of money sitting 13 there. And if we're going to loan it out -- if you loan it 14 out to one person, that's just saying that we're going to 15 loan it out to someone else, and I don't feel that we should 16 be loaning it out to anyone. That's just my recommendation, 17 just because of the money that is sitting there. 18 COMMISSIONER BALDWIN: What if it's a function at 19 our facility, though? 20 MR. BOLLIER: If it's a function at our facility, I 21 have no problem with that. 22 COMMISSIONER BALDWIN: Yeah. 23 COMMISSIONER LETZ: Yeah. 24 MR. BOLLIER: I mean, but what he's talking -- 25 that's just a lot of money. That's just where I'm at with 9-22-14 52 1 it. 2 COMMISSIONER BALDWIN: I think -- 3 JUDGE POLLARD: I understand that you have no right 4 to bind the Commissioners Court, a single Commissioner. On 5 the other hand, I'm worried about the reputation of our 6 Commissioners Court, too. If -- if you had a discussion with 7 him that it was important that the County get that equipment, 8 and that they were interested in bidding on it too -- and I 9 know they were; they were out there talking about it -- and 10 they then, based on what you said, didn't bid on it, then -- 11 then I worry about whether or not anybody can depend on 12 something that a Commissioner tells you, or as a 13 representative of our Court, from the standpoint of 14 reputation. And I'm not talking about whether they bind or 15 not; I'm just talking about what's right, all right? So, 16 I -- I think we have a situation here that I feel a little 17 bit honor-bound, because of the conversation, to give them a 18 preference. I really do. I think it's only fair, because I 19 know they were interested in bidding on it, and it probably 20 saved us a lot of money, them not bidding against us on it. 21 And so because of that, I think we do owe them a preference, 22 and I think because of that, we can give them a preference 23 over anybody else, because there was a consideration there. 24 And I would urge you to consider something like that to say 25 that if they want to use it -- now, that gets us to the next 9-22-14 53 1 question of when and where. And -- 2 COMMISSIONER LETZ: I think -- 3 JUDGE POLLARD: And I don't mind them using it 4 there. I don't know about -- talk to me, Tim, about what's 5 involved in moving this. I -- you know, electronic 6 equipment, I don't know what that is. Describe it for me. 7 MR. BOLLIER: All you have -- 8 JUDGE POLLARD: What's involved? 9 MR. BOLLIER: All you have is electrical boxes, 10 okay? And for them to use it, they've got to have a certain 11 kind of plug, and they have to have enough amperage that 12 comes out of there. 115 does not operate that. It's a fuse 13 box or a -- or a -- 14 COMMISSIONER MOSER: Tim, isn't it a distribution 15 box? You bring a lot of power outlets, like a portable 16 breaker panel. 17 JUDGE POLLARD: See, that doesn't tell me -- is it 18 a box 6 feet wide, 7 feet tall? 19 MR. BOLLIER: No, sir, it's a portable box. It's 20 about 2-by-2. 21 COMMISSIONER LETZ: 2-by-2. 22 MR. BOLLIER: It weighs about 30 pounds, maybe. 23 You pick it up, you can carry it, and it has all these 24 extension -- all these cords that go along with it. You plug 25 the box in, and then this here looks like a -- it's just a 9-22-14 54 1 long extension cord with some plugs on it at the end, and you 2 just run it out on the ground, and that's what you have. 3 It's more like a -- what you would plug into your computer. 4 COMMISSIONER LETZ: Power distribution. 5 MR. BOLLIER: Power distribution. 6 COMMISSIONER LETZ: It's requests to use it at the 7 facility. It's still not something that can be used 8 really -- that you can take to -- 9 MR. BOLLIER: Somewhere else. 10 COMMISSIONER LETZ: -- anywhere and really use. 11 MR. BOLLIER: Right. 12 COMMISSIONER LETZ: It's -- you know, -- 13 MR. BOLLIER: But those distribution -- 14 COMMISSIONER LETZ: -- you could modify it, but the 15 way it was purchased -- 16 MR. BOLLIER: The panels at River Star are made for 17 these distribution boxes. When you take them out, there's 18 five or six different spots that I can take them and plug 19 them into and run it out. And they used that for, like, out 20 in the center of the grassy area where it has no electrical. 21 That's how they did it. They would plug it in there and run 22 it out there. Then they could run their extension cords. 23 COMMISSIONER MOSER: I have another question. How 24 much did we pay for that? Do you remember? Bob? 25 COMMISSIONER LETZ: 700. 9-22-14 55 1 COMMISSIONER REEVES: $700. 2 COMMISSIONER MOSER: 700. 3 JUDGE POLLARD: Well, Charlie McIlvain's a nice 4 fellow; he tries to help us a lot, and he's somebody that I 5 don't want to have a bad reputation with. 6 COMMISSIONER LETZ: I don't -- 7 COMMISSIONER REEVES: I think on a case-by-case -- 8 COMMISSIONER LETZ: I don't think -- my 9 recollection was not that it was a formal, "Here's the deal," 10 all this. It was kind of -- literally, in front of the meat 11 counter, as I recall, saying, "Hey, Charlie." Day before the 12 auction, I said, "I've heard you may want to bid on that. 13 We're interested in buying it too. No reason to bid against 14 each other. Okay, see you later." I mean, there was no 15 discussion on a -- an agreement. 16 JUDGE POLLARD: What I'm saying is that I don't 17 want there to be some difficulties between us and Charlie 18 McIlvain, and let that spread to anybody else in the 19 community. I think we need to sit down with Charlie McIlvain 20 and clarify this, and tell him what our thinking on it is. 21 And I would be in favor of saying that he can use it at our 22 facility for his usage without any charge, and he'll have a 23 preference over others because of our conversation with him. 24 Not because we're obligated to by law, but just because it's 25 the right thing to do. 9-22-14 56 1 COMMISSIONER MOSER: Why don't we simply say in the 2 letter -- respond to him and say he has use of our facility 3 at no charge -- use of that distribution panel at our 4 facilities at no charge. 5 JUDGE POLLARD: I think we need -- I think we need 6 to sit down with Charlie. 7 COMMISSIONER LETZ: How about I'll talk to Charlie, 8 and we'll come back with a letter. 9 COMMISSIONER MOSER: Okay. 10 JUDGE POLLARD: All right. What do you want to do 11 about the motion? We have a pending motion. 12 COMMISSIONER LETZ: I'll withdraw my motion. 13 JUDGE POLLARD: There's a second to that motion. 14 Who seconded it? 15 COMMISSIONER LETZ: Who seconded the motion, Becky? 16 MS. BOLIN: Commissioner Moser. 17 COMMISSIONER MOSER: I seconded? Okay, I withdraw 18 it. 19 JUDGE POLLARD: Got a little Alzheimer's? 20 COMMISSIONER MOSER: Yeah. 21 COMMISSIONER LETZ: Okay. 22 JUDGE POLLARD: All right, that motion has been 23 withdrawn until we at least talk to Charlie and try to get 24 some clarification, and then we can come back with that. It 25 just seems like it's the right thing to do. 9-22-14 57 1 COMMISSIONER LETZ: That's fine. 2 JUDGE POLLARD: All right. The honorable thing. 3 All right. 1.13; consider, discuss, and take appropriate 4 action to authorize the Kerr County Auditor to prepare an 5 audit of the Kerr County Emergency Services District 1 when 6 the records become available. Commissioner Reeves? 7 COMMISSIONER REEVES: Yes. You may recall a month, 8 six weeks ago, I had a similar request for the ESD Number 2, 9 and now I'd like the Court's approval for our County Auditor 10 to do the audit for Kerr County Emergency Services District 11 Number 1, which is Ingram, and I'll put that in the form of a 12 motion. 13 COMMISSIONER BALDWIN: Second. Second that motion. 14 JUDGE POLLARD: It's been moved and seconded as 15 stated. Any further discussion? If not, those in favor, 16 signify by raising your right hand. 17 (The motion carried by unanimous vote, 4-0.) 18 JUDGE POLLARD: It's 4-0, unanimous. Let's go to 19 1.14; consider, discuss, and take appropriate action on 20 resolution honoring the work of Constable Joel Ayala. 21 Mr. Moser? 22 COMMISSIONER MOSER: Thank you, Judge. Joel 23 resigned a couple weeks ago, and we prepared a resolution, 24 and thanks to Rosa for doing this. I'd like to read the 25 resolution, if I may. "A Resolution of Kerr County 9-22-14 58 1 Commissioners Court. Whereas, Joel S. Ayala, Jr., served the 2 residents of Precinct 2 and the citizens of Kerr County as 3 Precinct 2 Constable for 14 years, from April 2000 to 4 September 2014; and whereas, Constable Ayala was a 5 distinguished member of the law enforcement community who 6 also volunteered his time and talents to the Hill Country 7 Mounted Peace Officer's Association and other community 8 activities during those years; and whereas, Kerr County 9 Commissioners Court acknowledges the contributions made by 10 Joel Ayala, Jr., to Kerr County and its citizens and honors 11 him on his retirement from Kerr County on August 29th, 2014; 12 and therefore, be it resolved that Kerr County Commissioners 13 Court, all employees of Kerr County and citizens of Kerr 14 County express their gratitude and respect for Joel Ayala and 15 wish him the best in his retirement." So, I -- 16 JUDGE POLLARD: Well stated. 17 COMMISSIONER MOSER: -- I make a motion that we 18 approve this resolution. And if it's approved by the Court, 19 then we'll present this to Joel -- he couldn't be here today, 20 so we will carry this to him this afternoon. 21 COMMISSIONER BALDWIN: I second the motion. 22 JUDGE POLLARD: It's been moved and seconded that 23 the resolution commending Joel Ayala, Jr., be approved. And 24 any further discussion? There being none, those in favor, 25 signify by raising your right hand. 9-22-14 59 1 (The motion carried by unanimous vote, 4-0.) 2 JUDGE POLLARD: It's 4-0, unanimous. Thank you. 3 Okay, 1.15; consider, discuss, and take appropriate action to 4 adopt Kerr County Safety Resolution dated September 22, 2014, 5 and have same signed by the County Judge and Commissioners 6 Court. 7 MS. LANTZ: This resolution comes before the Court 8 once a year, and it's just acknowledging that we do 9 participate as a safe county with Texas Association of 10 Counties. This resolution has been the same for the past 11 five, six years that I'm aware of, and I just need the Court 12 to approve it. 13 COMMISSIONER LETZ: So moved. 14 MS. LANTZ: I do believe you need a record vote on 15 this, because it has -- 16 COMMISSIONER LETZ: Need a record vote? 17 MS. LANTZ: Mm-hmm. 18 COMMISSIONER BALDWIN: Need a record vote. 19 MS. LANTZ: On the bottom of it where y'all each 20 sign it, it does indicate that. 21 JUDGE POLLARD: Did you make a motion? 22 COMMISSIONER LETZ: I made a motion. 23 COMMISSIONER REEVES: I'll second it. 24 JUDGE POLLARD: Any further discussion? There 25 being none, those in favor, signify by raising your right 9-22-14 60 1 hand. 2 (The motion carried by unanimous vote, 4-0.) 3 JUDGE POLLARD: 4-0. 4 COMMISSIONER REEVES: Did you need a record vote? 5 MS. LANTZ: I do, because each one of the 6 Commissioners and the Judge has to sign it. Then I'll send 7 it to TAC. 8 COMMISSIONER BALDWIN: Commissioner 1 votes aye. 9 COMMISSIONER MOSER: Commissioner 2, aye. 10 JUDGE POLLARD: County Judge, aye. 11 COMMISSIONER LETZ: Aye. 12 COMMISSIONER REEVES: Aye. 13 JUDGE POLLARD: Okay. 14 MS. LANTZ: Thank you. 15 JUDGE POLLARD: So, are you going to bring it 16 around for all of us to sign it? 17 MS. LANTZ: Yes. 18 JUDGE POLLARD: All right. 1.16; consider, 19 discuss, and take appropriate action to accept the 20 resignation of Hugh Jons as one of the two members on the 21 Kerr 911 Board of Directors effective immediately. 22 Mr. Baldwin? 23 COMMISSIONER BALDWIN: Thank you, sir. We want to 24 recognize Hugh Jons for serving the Kerr County citizens for 25 nine years as a member of the greatest organization on earth, 9-22-14 61 1 as a volunteer. On behalf of all the citizens of Kerr 2 County, we say thank you for your service to our community. 3 And with that, I move that we accept the resignation. 4 COMMISSIONER MOSER: Second. 5 JUDGE POLLARD: It's been moved and seconded that 6 -- as stated, including the greatest organization. 7 COMMISSIONER BALDWIN: Well, volunteers are. 8 JUDGE POLLARD: Yeah, they are. Okay. 9 COMMISSIONER BALDWIN: Like you. 10 JUDGE POLLARD: Oh. Well, thank you. 11 COMMISSIONER MOSER: I thought it was -- 911 was 12 the greatest organization. 13 COMMISSIONER BALDWIN: No, volunteers is the 14 greatest organization. Bill, did you have anything? 15 MR. AMERINE: Well, Hugh, like many of our other 16 appointed board members, has served a very long period of 17 time with distinction, and it has made the difference between 18 a very successful organization or just a functional one. We 19 have been highly successful, so I would like to thank Hugh 20 Jons, Jr. 21 COMMISSIONER BALDWIN: Thank you, sir. 22 MR. AMERINE: He's been outstanding. 23 COMMISSIONER BALDWIN: Thank you. Okay. There 24 being no further discussions, those in favor of the motion, 25 signify by raising your right hand. 9-22-14 62 1 (The motion carried by unanimous vote, 4-0.) 2 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 3 sir. 4 MR. AMERINE: You're welcome. 5 JUDGE POLLARD: 1.18 -- I'm sorry, 17; consider, 6 discuss, and take appropriate action to appoint Robert Neuman 7 as a county representative on the Kerr 911 Board of 8 Directors. Mr. Baldwin? 9 COMMISSIONER BALDWIN: Robert is a lifelong 10 resident in Kerr County, and is, in my opinion, an expert in 11 the field of 911 services, so I move for approval that he 12 become a member of that board of directors. 13 COMMISSIONER REEVES: I'll second. 14 COMMISSIONER MOSER: Why is he an expert? 15 MR. AMERINE: Robert Neuman, who is an employee of 16 the Kerr Central Appraisal District, is their GIS expert, and 17 we have shared information and data the whole 12 years I've 18 been here, so he's intimately familiar with 911 operation. 19 COMMISSIONER MOSER: Okay. All right, thank you. 20 JUDGE POLLARD: I don't know a Robert Neuman, but I 21 do know a Rob Neuman. 22 MR. AMERINE: Same person. Same person. 23 COMMISSIONER BALDWIN: That would be the same. 24 JUDGE POLLARD: I think he's one and the same, and 25 he's a good guy. 9-22-14 63 1 COMMISSIONER LETZ: He is. He'll do a good job. 2 JUDGE POLLARD: All right. 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, unanimous. 6 COMMISSIONER BALDWIN: Thank you. 7 JUDGE POLLARD: Uh-huh. 1.18; consider, discuss, 8 and take appropriate action regarding 2014 improvements to 9 Lions Park, Center Point. Commissioner Moser? 10 COMMISSIONER MOSER: I want to defer that till next 11 Commissioners Court. 12 JUDGE POLLARD: All right. 1.19; consider, 13 discuss, and take appropriate action regarding policy and 14 standards for equipment in county parks. 15 COMMISSIONER MOSER: Thank you, Judge. This was 16 brought up because of an individual offering -- or wanting to 17 donate a bench to Flat Rock Park. And I think last 18 Commissioners Court, we decided we need to have some sort of 19 quality or standards before we accept anything. Tim and I 20 met with this -- on this subject, and I believe the Court 21 said let Tim decide. And I think Tim has gone through the 22 things, and I think he has got a position on what we do, 23 without overstating it -- without over-specifying, I should 24 say. Go ahead, Tim. 25 MR. BOLLIER: Just -- it's real simple. I would 9-22-14 64 1 like -- like I was talking to Commissioners Moser, we stay 2 with the same settings that we've already got going at the 3 parks. I would like for those benches, tables, whatever's 4 donated, to stay concrete or metal, because if they're not, 5 they need to be heavy enough to where maybe if we do get a 6 little high water, maybe they'll stay closer -- close enough, 7 and where people can't just walk into the park, and then have 8 to call Rusty to go investigate and go find wherever they 9 went. And, you know, just something like that. I mean, it's 10 not -- and I have plenty of magazines down there that if 11 someone was -- somebody wants to donate something, or if they 12 have something in mind, they can look through those 13 magazines. I can show them what I would like to see down 14 there. And that's what I'd like to do with that. 15 COMMISSIONER MOSER: So, basically, it says -- and 16 we have some of the concrete tables and all down at Lions 17 Park in Center Point. Been there; they're very durable. 18 Nobody's going to move them. Flood's not going to take them 19 away, probably. 20 JUDGE POLLARD: Want to bet? 21 COMMISSIONER MOSER: Yeah. But I -- depends on how 22 they're oriented. So, I move that we -- we proceed with 23 that, and let Tim decide using his judgment and the reference 24 material that he has to select the equipment that can be 25 installed in the park -- in the county parks. 9-22-14 65 1 JUDGE POLLARD: Is there a second to the motion? 2 COMMISSIONER LETZ: What was the motion? Oh, that 3 Tim has authority? 4 COMMISSIONER MOSER: Yeah, give Tim the authority 5 to do that. 6 JUDGE POLLARD: Didn't you say you already had a 7 policy on it that had been in existence for some time? 8 MR. BOLLIER: There's nothing written in stone, 9 Judge. It's just a -- Commissioner Williams and I did this a 10 long time ago, and we had talked this through, and, you know, 11 we had decided that it was just concrete tables and -- and 12 benches, and that's what's down there now. And from a -- 13 from a -- 14 COMMISSIONER LETZ: Drymala. That's what we have 15 right now, came from -- Drymala built those precast -- 16 MR. BOLLIER: They're all attached on concrete 17 pads. We went down there, built some pads. We attached them 18 to the pads. They can't go anywhere. 19 JUDGE POLLARD: So, it's kind of a motion to 20 continue what's there? 21 COMMISSIONER MOSER: Right, precisely. We let Tim 22 make that decision. 23 COMMISSIONER LETZ: I think that the Court still 24 needs to accept individual donations; he just determines the 25 quality. 9-22-14 66 1 COMMISSIONER MOSER: The quality, okay. 2 JUDGE POLLARD: All right. Is there a second to 3 that motion? 4 COMMISSIONER BALDWIN: I second. 5 JUDGE POLLARD: All right. It's been moved and 6 seconded. Any further discussion? Those in favor, signify 7 by raising your right hand. 8 (The motion carried by unanimous vote, 4-0.) 9 JUDGE POLLARD: It's 4-0, unanimous. Thank you. 10 1.20; consider, discuss, and take appropriate action on 11 requirements for jail upgrades. Commissioner Moser and 12 Precinct 2, myself, and Sheriff Hierholzer. 13 COMMISSIONER MOSER: I think the Sheriff probably 14 can lead this discussion. 15 SHERIFF HIERHOLZER: Well, I can lead it. As you 16 know, we all met with the architect almost two weeks ago, 17 Mr. Gondeck. He is supposed to be back up here today -- or 18 not today, this week, hopefully, to be able to go through the 19 current facility, look through it, get all kinds of 20 dimensions and everything else, and then come up with a 21 concept plan that would come back to this Court. But what 22 the committee initially agreed upon after looking at all our 23 history and status of the jail is a possible addition of 144 24 beds. If you -- and then, of course, some of the expansion 25 areas. We may have to enlarge some of the laundry areas, the 9-22-14 67 1 multipurpose room areas. There are different areas in there, 2 and all this will get worked out in the concept plan, and 3 hopefully we'll come up with a little better pricing and 4 that. But with all the prices that were -- were relayed to 5 us and costs of addition, it could be a bond issue of up to 6 about $15 million to be voted on by the voters. And at the 7 current rate -- I had the Auditor run figures on that -- 8 would be about a 3-cent tax increase on that bond issue, 3.3 9 or something like that. 10 JUDGE POLLARD: 3.3 percent -- cents? 11 COMMISSIONER MOSER: Cents. 12 JUDGE POLLARD: On a $100 per valuation? Is that 13 -- you know, a house of a certain value, that would make a 14 difference of how much? 15 SHERIFF HIERHOLZER: What? That's about -- 16 JUDGE POLLARD: A house of a certain value -- 17 COMMISSIONER MOSER: $100,000 would be -- 18 SHERIFF HIERHOLZER: Well, $100,000 would be about 19 $30, something like that. 20 COMMISSIONER MOSER: -- $33. 21 SHERIFF HIERHOLZER: $33, something right around 22 there. 23 COMMISSIONER MOSER: Only thing I might add to what 24 Rusty said was the Judge and myself and everybody you 25 mentioned, I think we spent a couple hours going through -- 9-22-14 68 1 JUDGE POLLARD: Easily. 2 COMMISSIONER MOSER: -- through that stuff. 3 JUDGE POLLARD: I think it was more. 4 COMMISSIONER MOSER: Basically, it's -- what was 5 done in the past was the 192-bed; that was 20 years ago. 6 Went back through all the history, the times it's come 7 forward, blah, blah, blah. That -- that has served the 8 county well. So, what we tried to do was look at what are 9 the requirements we think will satisfy the county for the 10 next 20 years? And based on that couple of hours discussion, 11 we thought 144 additional beds configured properly at the 12 current courthouse would probably satisfy the requirements. 13 So -- 14 SHERIFF HIERHOLZER: They'd have done -- and that 15 was a lot of the discussion, is getting it configured 16 properly to be able to be managed with the -- I guess you 17 might say the least number of employees necessary to run that 18 large a facility, and then to add those employees as the 19 facility fills up, because you do have to have at least one 20 employee for every 48 inmates that you house. And possibly 21 for the first few years that we're not full, being able to -- 22 to actually not add on the employees as you -- as you have 23 to, but if possible, house other counties' inmates that are 24 overflowing, especially our smaller western counties that are 25 constantly asking me to be able to house. And back in 2002, 9-22-14 69 1 when we weren't full, right after -- or 2000, right after I 2 took office as Sheriff, we were bringing in approximately a 3 little over half a million a year in housing out-of-county 4 inmates, so I think that has to be looked at. But a lot of 5 it's the configuration, and that's where we're going to count 6 on the architect. And none of these figures are written in 7 stone yet. There's a lot of work to be done before we get to 8 that point. And this Court will get to see every bit of it; 9 concept plans, everything else, before anything is done, and 10 then this Court will have to decide on which election that we 11 actually put the bond issue on, whether it be the next May 12 election or the following November election. But all that is 13 coming. This is just all preliminary at this time. 14 COMMISSIONER MOSER: Yeah. And I think that just 15 to give a little bit more insight to what we did, sort of the 16 driver of this whole requirement was we used some 17 extrapolations and best estimates of what the population of 18 Kerr County would be in 20 years, and I think we came up with 19 about 70,000 on that. Also, with the number of people -- 20 SHERIFF HIERHOLZER: Incarceration rate. 21 COMMISSIONER MOSER: -- incarcerated per 1,000. 22 And it used to be about one per 1,000. Now it's up to -- 23 SHERIFF HIERHOLZER: Up 2.3, 2.4. 24 COMMISSIONER MOSER: -- 2.3, 2.4, so we used 3.5 as 25 the number of incarcerated people per 1,000. And with that, 9-22-14 70 1 you come up with a number of 245 beds. 2 JUDGE POLLARD: That doesn't mean we're more primed 3 to be criminals now than we were before by a percentage. It 4 just means we've got a lot more laws now, I think, that you 5 can violate. 6 COMMISSIONER MOSER: So, all this does is says 7 proceed with the contract with the architect to lay out the 8 concept and what this will be, and approximately what it will 9 cost, so that's what we did. 10 COMMISSIONER BALDWIN: Rusty, just through the 11 history of you and I being here, and Letz, the number of 144 12 beds, that's a real common number. 13 SHERIFF HIERHOLZER: Right. 14 COMMISSIONER BALDWIN: When you start looking at 15 any kind of addition, 144 always pops up, but I can't 16 remember what the -- what the big configuration of that was. 17 I remember one time in -- 18 SHERIFF HIERHOLZER: It's the number of employees. 19 Number of employees. 20 COMMISSIONER BALDWIN: I see. Oh, that's right. 21 Yeah, that's right. 22 SHERIFF HIERHOLZER: It's all divided out into that 23 48 inmates to -- per employee, and so that's how that -- 24 COMMISSIONER BALDWIN: I remember we looked at one 25 one time where it was a pod. You had a control system right 9-22-14 71 1 in the center, and then you had a long hallway like a star, 2 long hallway of cells going out, and this one person could 3 sit there and control all those doors. And it was just -- I 4 mean, you're talking about a -- 5 SHERIFF HIERHOLZER: I did have a meeting, -- 6 COMMISSIONER BALDWIN: I don't know why we don't do 7 that. 8 SHERIFF HIERHOLZER: -- because they were up 9 looking at Gillespie County Jail that's supposed to open in 10 December, with the Executive Director of the State Jail 11 Commission. And there's a person also in charge -- one of 12 the assistant directors that's also in charge of all the 13 planning came by, and we had about an hour-long meeting 14 talking about this issue and where we're going. And when he 15 looked at our female population, we're running about -- you 16 know, instead of 20, we're over that by about 23 percent. 17 And he said that's pretty well higher than every other county 18 in the state on incarceration of females, so we're right up 19 there, one of the highest. Don't ask me why, but we are. 20 And that's what has -- as this Court is well aware, has 21 caused a lot of our housing issues, is females. 22 JUDGE POLLARD: One of the things that I was 23 surprised at is how many regulations of -- that apply to this 24 thing. In fact, we're kind of strangled by this, and they 25 strangle you into doing -- you don't have any choice. I 9-22-14 72 1 mean, you have to classify all your prisoners on the -- you 2 know, easy to get along with, kind of moderate, then your bad 3 boys. And you can't keep the easy to get along with in cells 4 with the bad boys, you know. And women you have to classify, 5 too, so you got all these regulations that you got, so you've 6 got to have a bunch of extra rooms to bounce people around to 7 comply with all that stuff all the time. When you add the 8 women into it too, it really complicates it. I'm telling 9 you, it's just unbelievable. We don't have any choice. They 10 just -- they just kind of herd us to the point of what we got 11 to do. 12 SHERIFF HIERHOLZER: It's not Arizona. 13 JUDGE POLLARD: We don't have a choice. 14 COMMISSIONER LETZ: Quarantine cells. 15 JUDGE POLLARD: Yeah. 16 COMMISSIONER LETZ: People -- the inmates that are 17 a risk. 18 JUDGE POLLARD: You can't have some guy that's part 19 of some -- 20 COMMISSIONER LETZ: Some gang. 21 JUDGE POLLARD: -- criminal family here in town in 22 with an enemy from over there. I mean, holy smokes. So, 23 what it amounts to is you got to have -- you got to have 24 about 20 percent more cells than you have prisoners. You 25 can't operate at more than about 80 percent of occupancy, 9-22-14 73 1 because you don't have all those extra cells to manipulate 2 everything around to comply with all those stinking 3 regulations. 4 COMMISSIONER BALDWIN: That is so true. 5 JUDGE POLLARD: So you got to overbuild by 6 20 percent. Did I say it right? 7 SHERIFF HIERHOLZER: You said it very accurately, 8 Judge. That's -- what I was going to say is we're not 9 Arizona. Arizona doesn't have a state commission that 10 controls all that, so -- so each sheriff does a lot. But, of 11 course, their lawsuits on civil rights violations are 12 horrendous, and we wouldn't even want to go there. But, you 13 know, so we do have what I think is a very effective State 14 Jail Commission, and I have been to their commission meetings 15 in Austin and griped and complained and stomped my feet -- 16 yes, I have -- over certain ones of their issues, and 17 fortunately, they changed a few of those. But -- but there 18 are a lot of regulations, as the committee got to see, you 19 know, even on square footage in inmate cells. A lot of them 20 I disagree with. I've got a son that spent time in 21 Afghanistan. I strongly disagree with them. But, you know, 22 they are what they are, and it's what this state has -- has 23 adopted years ago. I think the Jail Commission came into 24 effect in '74 -- '72 or '74, and there's nothing at this 25 point that we can do. 9-22-14 74 1 COMMISSIONER LETZ: That's why we wanted you on 2 that committee, to figure all this out. 3 COMMISSIONER MOSER: And appreciate it. 4 SHERIFF HIERHOLZER: Yes, very much so. 5 JUDGE POLLARD: I don't appreciate it. (Laughter.) 6 COMMISSIONER MOSER: "Appreciate" means understand. 7 JUDGE POLLARD: That's not the word for it. 8 COMMISSIONER MOSER: "Appreciate" means understand. 9 COMMISSIONER LETZ: Understand. Understand it, 10 maybe. 11 SHERIFF HIERHOLZER: But the bottom line, as soon 12 as we get some more information, a concept plan, definite 13 thing, it will come back to this Court for y'all to look at, 14 review, and -- 15 COMMISSIONER MOSER: What's the schedule on that? 16 SHERIFF HIERHOLZER: As I stated at the beginning, 17 I hope -- and Mr. Gondeck's hope was that he would be back 18 this week for him and I to do a full walk-through. And if 19 any of the committee members want to do that with us, as soon 20 as I have a date, I'll let you know, so that he can do a full 21 walk-through and look at all the different -- different areas 22 where we would have to expand when you go over the 200-inmate 23 category, 'cause there are some changes that we have to look 24 at with that. But -- and he'll start working on the concept 25 plan. It would be an addition to our facility. In other 9-22-14 75 1 words, just adding onto it out the back, we do have plenty of 2 property space to be able to do that, which does save on 3 personnel from running two different facilities. And that's 4 where the -- you know, the real dollar issue comes, in 5 operating costs -- operating and maintenance costs over the 6 next number of years. But I do think we have to build the 7 addition with the -- the thing in mind that it is a 20-year 8 addition. If the bond issue is going to have to be -- be 20 9 years long to pay it off, then I think the addition ought to 10 last the same amount of time so that we aren't having to add 11 again before we have even paid off this bond issue, if it 12 passes through the public. 13 COMMISSIONER MOSER: What's his schedule on his 14 concept? 15 SHERIFF HIERHOLZER: There isn't a set time frame 16 on it. 17 COMMISSIONER MOSER: Okay. 18 SHERIFF HIERHOLZER: Just hopefully he'll be 19 back -- I know they're doing a jail in Hopkins County right 20 now, and he had to spent last week up there with that jail. 21 But he was supposed to get with me and come down this week. 22 COMMISSIONER MOSER: Okay. 23 SHERIFF HIERHOLZER: So that we could look at it. 24 I'll let you know when I find out. 25 JUDGE POLLARD: This item says "take appropriate 9-22-14 76 1 action," but I think this was an information thing. 2 SHERIFF HIERHOLZER: Yes. 3 JUDGE POLLARD: No action required at this time. 4 SHERIFF HIERHOLZER: I didn't even know it was 5 going to be on the agenda. But to me, yes, this is an 6 information; there isn't any action to be done at this point. 7 COMMISSIONER BALDWIN: Rusty, I want to say that 8 this -- the issue of the bond -- the bond issue is an easy 9 decision for me, because it's as simple as making a decision 10 whether I want bad people locked up, or do I want them 11 running around my neighborhood? It's that simple to me. So, 12 33 cents is -- I spill that much every morning. 13 SHERIFF HIERHOLZER: Now, one of the big issues I 14 see is -- such as Friday. Friday's jail population was 15 approximately 150, and of that 150, 70 were violation of 16 probations, okay? And I think that is a major issue that 17 we're having. And what the problem is, most of those 18 violation of probations, it was finally a last resort that 19 they ended up in jail. They've already had so many 20 violations -- I've got one in there with 18 violation of 21 probations right now. And when we first built this facility, 22 one of the best things about it, we had very, very few 23 violation of probations in jail, because we had enough space 24 that the judges, in violation-of-probation cases, can 25 actually put an inmate or a person that's on probation, if 9-22-14 77 1 they do a technical or a small violation or whatever, they 2 can assign them to jail for up to six months and just put 3 them in jail, and they don't get any good time. And then 4 when they come out, they're still on that same probation for 5 the same length of time. And they've lost that capability. 6 And in losing that capability, because we don't have bed 7 space, okay, to do it, a lot of these violation of probations 8 don't get violated until it comes to the end, that they have 9 to do something. And without doing that, it's kind of like 10 when our kids were growing up and you disciplined them. You 11 know, you didn't wait six months to a year to discipline a 12 kid for something they did wrong today, and let them do it 13 wrong 10 more times before you took any action. It doesn't 14 work. The system's broke if you do, and your discipline's 15 broke. 16 COMMISSIONER MOSER: Rusty, talk about the 17 experience in Hawaii. 18 SHERIFF HIERHOLZER: Hawaii is the main one, I 19 think, that has an excellent program; it's called H.O.P.E. I 20 mean, I think it started in 2004, and it's Hawaii Opportunity 21 Probation Enforcement, I believe is what it stands for. And 22 what it is, if they put somebody on probation and he messes 23 up, he doesn't show up for his probation meeting or -- or 24 anything else, then he goes to jail immediately. And he may 25 only spend two or three days in jail, 'cause then he 9-22-14 78 1 immediately also goes before the judge that put him on 2 probation, and that judge determines how long he's going to 3 sit in jail. And if he failed a drug test, the judge may put 4 him in jail for six months. If he just didn't show up for a 5 meeting or whatever, he may put him in the jail for, you 6 know, a week, or three or four days. But it's immediate, and 7 it's immediate action. And since they enacted that policy in 8 2004, as of last year, their probation violations have been 9 cut in half, and the number of people they're sending to the 10 penitentiary's been cut in half, because people are adhering 11 to their probation rules and requirements, because if they 12 don't, there is a consequence. 13 JUDGE POLLARD: Immediate consequence. 14 SHERIFF HIERHOLZER: Immediate consequence. And 15 that's what's you have to have. But to do that, you have to 16 have the bed space to put them, and that's the bottom line. 17 COMMISSIONER MOSER: Thanks. 18 JUDGE POLLARD: Well, Commissioner Baldwin's right. 19 It is a matter of a simple computation. All we had to do was 20 look at our past history on population growth and estimate 21 what it's going to be in 20 years, and then use your 2.3 per 22 -- what is it, per 100? 23 COMMISSIONER MOSER: 1,000. 24 JUDGE POLLARD: Per 1,000, as likely to be 25 incarcerated. And multiply it out, and you got -- that's the 9-22-14 79 1 number of beds you got to have. 2 SHERIFF HIERHOLZER: You know, when I -- the last 3 thing any sheriff wants is more employees and more inmates. 4 You know, the last thing any sheriff wants really is control 5 over a jail, but it's part of our constitutional duties. 6 JUDGE POLLARD: Having a jail at all is the last 7 thing you want. 8 SHERIFF HIERHOLZER: Yeah. It's just something we 9 have to do. But I have -- and I mentioned this to this Court 10 before, 'cause I got it years and years ago, probably over 20 11 or 30 years ago. I got a little, bitty statement out of the 12 newspaper, and it's still sitting on my desk, and it says, 13 "Criminals deserve to be locked in jail. Citizens don't 14 deserve to be locked in their homes." 15 COMMISSIONER MOSER: Good deal. 16 SHERIFF HIERHOLZER: And that's my whole belief. 17 JUDGE POLLARD: Citizens don't deserve to be locked 18 in their homes. 19 SHERIFF HIERHOLZER: That's my entire belief about 20 how it works. 21 COMMISSIONER BALDWIN: With their Glocks. 22 JUDGE POLLARD: With their Glocks. 23 SHERIFF HIERHOLZER: If they've got that, they 24 don't need to be locked in their home. 25 COMMISSIONER MOSER: Okay. 9-22-14 80 1 SHERIFF HIERHOLZER: Thank you, gentlemen. 2 JUDGE POLLARD: Thank you. 3 COMMISSIONER MOSER: Thank you, Rusty. 4 JUDGE POLLARD: All right, folks. Let's have a 5 10-minute break here. 6 (Recess taken from 10:36 a.m. to 10:47 a.m.) 7 - - - - - - - - - - 8 JUDGE POLLARD: All right, the Commissioners Court 9 session of this date is back in session. It's now about -- 10 looks like 10:47 or something like that, a.m. We'll consider 11 1.21; consider, discuss, and take appropriate action to 12 ratify and confirm Change Order Number 2 for the event hall 13 at the Hill Country Youth Event Center. Change order 14 includes Change Proposals 4 and 5R. Commissioner Letz? 15 COMMISSIONER LETZ: The -- I think we have created 16 a process that's about as confused as you can make it when it 17 comes to change orders out there. We have change proposals, 18 and then we have -- the change order comes in much after the 19 fact. All this has been approved. This is really for the 20 rock vestibule, and then some changing out some doors and 21 things, and some credits we got back on pipe. It's all been 22 approved by the Court, and I -- 23 JUDGE POLLARD: No more net money? 24 COMMISSIONER LETZ: No more. It's just -- no 25 change. It's no change, nothing we haven't previously 9-22-14 81 1 discussed dollar-wise and work-wise. And -- but it's the 2 final to close that change order out, and I'll make a motion 3 that we affirm Change Order Number 2 as presented. 4 COMMISSIONER REEVES: Second. 5 JUDGE POLLARD: It's been moved and seconded that 6 Change Order Number 2 be approved. This is the one to the 7 event hall at Hill Country Youth Exhibit Center. Is there 8 any further discussion? 9 COMMISSIONER BALDWIN: Jon, the second or third 10 page is H.C.C. Document. The address on there needs to be 11 corrected. That's it. Picky, picky, picky. 12 COMMISSIONER LETZ: Okay. 13 JUDGE POLLARD: All right. Any further discussion? 14 There being none, those in favor, signify by raising your 15 right hand. 16 (The motion carried by unanimous vote, 4-0.) 17 JUDGE POLLARD: It's 4-0, unanimous. 1.22; 18 consider, discuss, and take appropriate action on 19 implementation of the burn ban. Judge Pollard. Why don't 20 you inform me on this, Jody? 21 MS. GRINSTEAD: This is just something you do every 22 90 days, so it gives them permission to take off and lift 23 their burn ban. 24 COMMISSIONER LETZ: It's ongoing policy we have. 25 If we're -- only the Court can put on a burn ban, but 9-22-14 82 1 Commissioners can suspend the burn ban in their precincts if 2 they so choose. 3 JUDGE POLLARD: So you have to renew it every so 4 often? 5 COMMISSIONER LETZ: And every 90 days, we have to 6 approve the burn ban. And by looking at the Keech-Byrum 7 Index this morning, a good part of the county, primarily the 8 western areas, are certainly still dry enough to warrant a 9 burn ban, so we're good from that standpoint. 10 JUDGE POLLARD: Is that a motion? 11 COMMISSIONER LETZ: That was a motion, sir. 12 COMMISSIONER MOSER: Second. 13 JUDGE POLLARD: Any further discussion? 14 COMMISSIONER BALDWIN: Yeah. I want to talk about 15 the burn ban, Judge, just for a second. 16 JUDGE POLLARD: Okay. 17 COMMISSIONER BALDWIN: It seems to -- I don't know; 18 it's like in the '80's, the septic tank program or something. 19 You know, you never get to the place where you're satisfying 20 people. And I understand burning. I burn myself, both 21 places, and you can't seem to get anybody satisfied. And 22 what people don't, I don't think, understand is some -- as an 23 example, my precinct starts at Bandera County and ends at 24 Gillespie County, and that's a long, narrow -- and it can 25 rain 4 inches over there, and not a drop over there. But 9-22-14 83 1 when I do the burn ban, it's for the whole place, and that's 2 hard to explain sometimes, but it's -- 3 JUDGE POLLARD: Well, do you want the ability to 4 break it down into two parts? 5 COMMISSIONER BALDWIN: No, absolutely not. No, I'm 6 quite happy with it. I just get tired of the arguments. You 7 know, it's kind of like septic tanks. 8 JUDGE POLLARD: But it's a way to solve that. 9 COMMISSIONER MOSER: What I -- what I've done, and 10 it's worked well so far, is to put it on or take off the burn 11 ban, I call the two volunteer fire department fire chiefs and 12 ask them their opinion, 'cause they're the guys who have to 13 fight the fires. Then when somebody doesn't like the 14 decision, I tell them what the process is. I just ask the 15 fire chiefs. 16 JUDGE POLLARD: "Call the fire chief; he's the one 17 that told me"? 18 COMMISSIONER MOSER: Say the fire chiefs -- 19 volunteer fire departments have to fight the fire, so 20 therefore I yield to their opinion. And I look at my own 21 pastures too, and so we got two, three pieces of information. 22 It kind of varies around the precinct, too. 23 JUDGE POLLARD: And do the fire chiefs call you up 24 and say thanks a lot? 25 COMMISSIONER MOSER: Well, I -- 9-22-14 84 1 JUDGE POLLARD: For dumping that on me? 2 COMMISSIONER MOSER: No, they appreciate them being 3 able to have input into that decision. And I yield to what 4 they say. 5 JUDGE POLLARD: Okay. 6 COMMISSIONER MOSER: Volunteer fire -- 7 COMMISSIONER LETZ: I've talked to a lot of other 8 commissioners around the state on this issue, and I think we 9 probably have the best system that anyone's heard of. I know 10 the people -- the residents of -- the public in Kendall 11 County wish their Court would adopt ours, because -- 12 COMMISSIONER BALDWIN: Yeah, that's true. 13 COMMISSIONER LETZ: -- you have situations like 14 right now, pretty much every county commissioner's meeting 15 today around the state, and they don't meet again for three 16 weeks. And if you were in a drought and you get 10 inches of 17 rain, they can't take it off. So, you have people that are 18 just blatantly violating, because there's no process, no 19 mechanism for them to undo it. And I think that, you know, 20 we look at -- you know, I mean, all of us talk to our fire 21 chiefs. We all look at the range conditions. We also get 22 input from several fire departments, you know, and wind 23 advisories that are coming up, and Texas Forest Service. We 24 look at a lot of different information and make the best 25 decision for our -- what fits our entire precinct. And 9-22-14 85 1 that's -- I think it's a great system. 2 COMMISSIONER REEVES: It's not a -- the most 3 perfect like you're talking about, Buster, but even with 4 Precinct 4 running from basically Methodist Encampment -- 5 COMMISSIONER BALDWIN: To El Paso. (Laughter.) 6 COMMISSIONER REEVES: You know, halfway there. But 7 I do depend on all four of the chiefs that -- and we share 8 one of the volunteer chiefs. 9 COMMISSIONER BALDWIN: Yeah. 10 COMMISSIONER REEVES: But I do depend on that. 11 Also, you know, just through the driving of the precinct, you 12 look at it. And the weather -- the rainfall in four can vary 13 from a good soaking rain here in town to nothing when you get 14 to my house. 15 COMMISSIONER BALDWIN: Yeah. 16 COMMISSIONER REEVES: But it's -- it may not be the 17 perfect system, but it works real good. And just as Jonathan 18 was saying, over in the east end of the county might get a 19 rain, might not, but that shouldn't affect whether you can 20 burn in your precinct or mine, just because of the distance 21 there is. 22 COMMISSIONER MOSER: And I think we have a good 23 system, too, to notify the public. I mean, as soon as we -- 24 Jody posts it. She, you know, puts it on the recording; it's 25 posted. If it's a weekend, we call the Sheriff's Office. He 9-22-14 86 1 notifies all of the volunteer fire departments of what's 2 happening, so -- and then people understand that, you know, 3 there's numbers to call. Call the non-emergency number of 4 the Sheriff's Office if they need -- 5 COMMISSIONER BALDWIN: I just -- 6 COMMISSIONER MOSER: It's working well. 7 COMMISSIONER BALDWIN: I just give out Chief 8 Lynch's home telephone number and tell them that he doesn't 9 like to be called before 11 o'clock at night. So, go from 10 there. 11 JUDGE POLLARD: He only likes to be called after 12 11 o'clock? 13 COMMISSIONER BALDWIN: After 11:00, yeah. And so 14 that settles -- that gets the heat off of me. 15 JUDGE POLLARD: I don't think so. 16 SHERIFF HIERHOLZER: Except he asked us to do that 17 with you, Commissioner. 18 COMMISSIONER BALDWIN: Chief Lynch? 19 JUDGE POLLARD: Yeah, except for Chief Lynch. 20 COMMISSIONER BALDWIN: Anyway, this is great. I'd 21 like to vote for this if I can. Or have I already done that? 22 JUDGE POLLARD: I think there's been a motion here, 23 and there was a second made. There's a motion on the floor. 24 Those in favor of the motion, signify by raising your right 25 hand. 9-22-14 87 1 (The motion carried by unanimous vote, 4-0.) 2 JUDGE POLLARD: All right. 1.23; consider, 3 discuss, and take appropriate action regarding update of 4 construction of Hill Country Youth Event Center and related 5 issues. Commissioners Letz and Reeves. 6 COMMISSIONER REEVES: Want me to save your voice? 7 COMMISSIONER LETZ: Yes, please, for the first 8 part. 9 COMMISSIONER REEVES: Construction is progressing 10 on schedule. I believe we have a 1:30 meeting scheduled for 11 out there, and I think that would be the best way to update, 12 is when we get out there and for everybody to be on the 13 ground to see for themselves what's going on, I think. 14 JUDGE POLLARD: I'm looking forward to that. 15 COMMISSIONER REEVES: 1:30. Several different 16 trades are in process of working, and I believe the 17 superintendent had indicated he's going to give them lunch at 18 that time so we can hear what we're talking about as we tour 19 the facility then. They do have some hard hats at the 20 construction trailer, but if anybody can round up some more 21 for who's going to be there, they will be required. 22 COMMISSIONER LETZ: They've got probably 10 or so 23 at the trailer. 24 COMMISSIONER REEVES: Ten or so. 25 COMMISSIONER MOSER: How long do you think that 9-22-14 88 1 will last? 2 COMMISSIONER LETZ: Probably 30 minutes. 3 COMMISSIONER REEVES: Thirty minutes at the most. 4 COMMISSIONER MOSER: Good. Thanks. 5 COMMISSIONER REEVES: So we can get our update at 6 that time. 7 JUDGE POLLARD: Is that -- as far as completion 8 schedule is concerned, still about the same? 9 COMMISSIONER LETZ: Yes. 10 JUDGE POLLARD: Far as you know? Okay. 11 COMMISSIONER LETZ: One other item on this agenda 12 item. At the last meeting, we talked about -- and the Court 13 budgetarily -- or budget-wise, anyway, approved some items to 14 move forward on, one of them being the sound system. And 15 that was broken out, if you'll recall, into electrical 16 conduit portions and -- and the actual sound system itself. 17 And we were trying to split them so we could get the -- all 18 the hardware, conduit, all that in place, timely. That 19 change order is just coming in to us right now. We're just 20 receiving it -- or the proposal. The amount is about 21 $20,000. Is that right, Charlie? 22 MR. HASTINGS: That's right. 23 COMMISSIONER LETZ: Little over 20,000 for that 24 portion of it. Charlie's looked at it. He thinks it's 25 reasonable. He's going to recommend it when the formal -- 9-22-14 89 1 when it finally gets here. But I would ask, you know, the 2 Court to authorize that work, moving forward on it. The 3 paperwork's going to follow it. 4 JUDGE POLLARD: So there will be no delay? 5 COMMISSIONER LETZ: No delay. Because if we wait 6 till our next meeting, or even have a special meeting, this 7 is time-sensitive. The actual amount is $20,848, and that -- 8 that's a good number now, isn't it? That's from the 9 electrical contractor. 10 MR. HASTINGS: Yes, sir. 11 COMMISSIONER LETZ: That will be running -- not 12 picking the sound system, but it'll be -- or awarding that 13 contract. It's just running all of the conduit where it 14 needs to be to get the -- it's probably planning for the 15 future. Once the ceiling goes in, it will be very difficult 16 to install a lot of this conduit, and so Southwest Sound 17 devised a plan, knowing that they're -- you know, they will 18 have to bid on it, and they may not be awarded this contract. 19 But they said this allows for flexibility based on the 20 design, based on the -- you know, where we have the stages 21 and all of that, and the speakers, conduit, all that run. 22 Anyways, so I would ask that the Court authorize expenditure 23 on that sound system up to $20,848, and authorize Charlie 24 Hastings to oversee this. And the change order will come out 25 at our next meeting. 9-22-14 90 1 COMMISSIONER MOSER: Two things. One, Charlie had 2 the authority on 10,000, so you're saying this is a -- 3 COMMISSIONER LETZ: For 1,000. Charlie had 4 authority to 1,000. 5 COMMISSIONER MOSER: 1,000, okay. All right. And 6 then the other thing is, this is all within the -- 7 COMMISSIONER LETZ: Yeah. 8 COMMISSIONER MOSER: -- budget? 9 COMMISSIONER LETZ: Yes. 10 COMMISSIONER MOSER: Okay. 11 JUDGE POLLARD: All right. It's been moved. Is 12 there a second? 13 COMMISSIONER REEVES: I'll second. 14 JUDGE POLLARD: And seconded for authorization for 15 Charlie Hastings to pay up to 20,800 and what? 16 COMMISSIONER LETZ: 48. 17 JUDGE POLLARD: $20,848 on it. Is there any -- 18 COMMISSIONER LETZ: I don't think it's for Charlie 19 to pay it; it's just for Charlie to approve it. 20 JUDGE POLLARD: All right. 21 COMMISSIONER LETZ: Approve the expenditure of. 22 JUDGE POLLARD: Right. 23 COMMISSIONER LETZ: Charlie thought he got a pay 24 cut. 25 JUDGE POLLARD: You don't want to sign that check, 9-22-14 91 1 Charlie? 2 MR. HASTINGS: I'll get Tim to sign it. 3 MR. BOLLIER: Oh, no. (Laughter.) 4 JUDGE POLLARD: All right. Any further discussion 5 on the motion? There being none, those in favor, signify by 6 raising your right hand. 7 (The motion carried by unanimous vote, 4-0.) 8 JUDGE POLLARD: It's 4-0, unanimous. 1.24; 9 consider, discuss, and take appropriate action to approve the 10 contract with Motorola for the new public safety 11 communication system. Sheriff Hierholzer? 12 SHERIFF HIERHOLZER: Finally, is all I have to say. 13 I think Commissioner Letz and Commissioner Moser were part of 14 the committee that sat and met with Motorola a while back on 15 working out the final agreements and everything on the 16 contract. And we had to wait for some floor noise tests to 17 be done to see about our coverage area, but we have finally 18 got through all that. And to give you a brief deal of the 19 contract, the price of the entire public safety radio system, 20 turnkey, is $1.4 million. One million of it will be paid in 21 increments; 20 percent of the one million upon the execution 22 of the contract, 20 percent upon issuance of the notice to 23 proceed by the County, 20 percent upon CCSI ship/acceptance, 24 and 15 percent upon completion of site development, 25 10 percent upon completion of installation, and 10 percent 9-22-14 92 1 upon system acceptance, and 5 percent upon the final 2 acceptance and what they call 30-day burn-in, 30 days after 3 the final acceptance, to make sure everything's -- that will 4 cover the one million dollars that is in the bond issue now. 5 There's actually 1.1 million in the bond issuance, 6 but total cost of the system is 1.4. So, what will happen 7 with the remaining 400,000 that's going to be owed to them is 8 there is a lease agreement with Motorola that will start with 9 the first payment of $133,333.33 due on October the 1st of 10 2016, and each three years after that -- or each year after 11 that for the total of three years, with the last one being 34 12 cents, to make it the 400,000. That will be paid, and that 13 will be a no-interest lease; it will not cost us anything in 14 interest rate. Those will be figures I will just have to 15 plan for in the Sheriff's Office budget, and account for them 16 at budget process. But there will be a lease agreement that 17 covers that. On the floor noise, where we ended up with 18 that, we tried to get, as you recall, a 98 percent coverage 19 throughout the county with hand -- or with a mobile radio, 20 and 95 percent coverage with a hand-held. And what's taken 21 longer is there has been an issue you with that because of 22 the floor noise testing. We will have a 95 percent coverage 23 throughout the county guaranteed coverage with a mobile 24 radio, and 87 percent in-building coverage inside the city of 25 Kerrville. But on the hand-held radio, because of the floor 9-22-14 93 1 noise at three of the four sites, the best guarantee we can 2 get is 62 percent. 3 COMMISSIONER MOSER: Wow. 4 SHERIFF HIERHOLZER: Okay? But we went out -- one 5 of the things that they've looked at -- and we've had several 6 meetings over this, 'cause I didn't like the 62 percent -- is 7 that three of our tower sites currently have VHF equipment. 8 That is digital, okay? The fourth tower site -- proposed 9 tower site is the one at Comfort that does not have any on 10 it, and the floor noise is at the other three sites. The one 11 at Comfort does not. So, one of the possibilities causing 12 the floor noise is our VHF equipment at these other sites. 13 But the only way you can determine that is shutting down 14 those other sites and figure it out, okay, which will be done 15 before the end of it. But to give you an idea of the worst 16 site coverage is the Mountain Home site. That one off 41 had 17 the most floor noise. And, of course, they average that 18 throughout the county. The Kerrville site -- or the Comfort 19 site and the site off of Turtle Creek -- Upper Turtle Creek 20 area had the least floor noise, which were good sites. But 21 the one at Comfort had the very least, 'cause it doesn't have 22 any of our equipment on it. 23 But last week, we went out to the Mountain Home 24 site with Dave from Advantage Communications here, which is 25 also Motorola, and with our hand-held radio, switching over 9-22-14 94 1 to the Kerrville P.D. channel, okay, which operates just off 2 their one site they have, which is Smoky Mountain here in 3 town, we were -- and inside a vehicle with the windows wound 4 up and the portable on the hip, which is what we were 5 testing, we were able to talk to Kerrville P.D. without any 6 problems at all from Highway 41. So, we're thinking the 7 floor noise -- 8 JUDGE POLLARD: Highway 41? 9 SHERIFF HIERHOLZER: Highway 41. So, we're 10 thinking that floor noise -- 11 JUDGE POLLARD: How far out Highway 41? 12 SHERIFF HIERHOLZER: Out by our tower site by the 13 T.D. Hall ranch. 14 JUDGE POLLARD: Okay, I know where it is. 15 SHERIFF HIERHOLZER: So, we're really feeling that 16 our coverage will be fine. Motorola feels it will be fine. 17 They are setting up some more equipment, and we will be 18 shutting down each one of our sites for a time period and 19 operating to see if they can identify where that noise is 20 coming from. But it's likely it could also just be 21 environmental noise that we will never know where it's coming 22 from. We did send their new coverage maps to Trott 23 Communications, who we hired, as you recall, as our 24 consultant. They went over all the maps, looked at 25 everything, and determined that they were good maps. They 9-22-14 95 1 were good coverage maps. They don't think there's anything 2 less than what they are. And they could understand why 3 Motorola could only guarantee those, and that's all we can 4 do. 5 JUDGE POLLARD: Did I understand you to say that if 6 some more equipment -- needed equipment were added in the 7 Comfort site, that you could get even better coverage? 8 SHERIFF HIERHOLZER: No. What I -- what I was 9 saying is right now, in trying to figure out what is causing 10 the floor noise -- they call it floor noise, you know, the 11 environmental noise that's picked up. 12 JUDGE POLLARD: Disturbance. 13 SHERIFF HIERHOLZER: It's a disturbance that could 14 interfere with your coverage. There is VHF radio equipment 15 at three of the sites, which is this Upper Turtle Creek, the 16 Highway 41, and the Smoky Mountain. All three of those sites 17 had pretty high floor noise, all right? There is not VHF 18 equipment at the Comfort site, okay? And that Comfort site 19 has no VHF equipment. What they're thinking is that the 20 degradation of our system, as old as it is, and everything 21 else could be putting out that floor noise, okay? Which 22 means once we go to this system, all that quits. Now, our 23 coverage would go up, and they would issue an addendum to it. 24 COMMISSIONER MOSER: Is VHF primarily used by your 25 department? I mean -- 9-22-14 96 1 SHERIFF HIERHOLZER: Yes, except for the -- on 2 those towers? 3 COMMISSIONER MOSER: Yeah. 4 SHERIFF HIERHOLZER: Except for the fire department 5 and them use on it Smoky Mountain, okay. But that's the one 6 in town. 7 COMMISSIONER MOSER: Can you shut it down on one of 8 them for one minute or something like that? And get a -- 9 SHERIFF HIERHOLZER: What we're going to do is do 10 the Upper Turtle Creek and the -- and the Mountain Home site, 11 which are where -- Mountain Home is where the most floor 12 noise is coming. So, if we totally shut down that site -- 13 COMMISSIONER MOSER: For just a short period. 14 SHERIFF HIERHOLZER: -- for an hour, is what it's 15 going to take -- 16 COMMISSIONER MOSER: Oh, really? 17 SHERIFF HIERHOLZER: -- to run the test, then we'll 18 know if it's the VHF equipment that you have to shut the 19 whole thing down. 20 COMMISSIONER BALDWIN: Who is VHF? 21 SHERIFF HIERHOLZER: Us. It's my radio system. 22 COMMISSIONER BALDWIN: Just -- the present radio 23 system? 24 SHERIFF HIERHOLZER: My present -- 25 COMMISSIONER BALDWIN: No volunteer fire 9-22-14 97 1 departments? 2 SHERIFF HIERHOLZER: No, not on that site. That's 3 our radio system. Which that is very likely to be caught, 4 but nobody can say. There's no way that we can tell unless 5 we shut the site down. 6 COMMISSIONER BALDWIN: Rusty, what about this 7 building? 8 SHERIFF HIERHOLZER: This building, it will go -- 9 of course, we have coverage since we added that other 10 repeater on here. But what we will get -- right now with our 11 current system, we have maybe 20 percent coverage inside 12 buildings inside the city of Kerrville, okay, because of the 13 way their system was designed, the current one. Then when we 14 went to narrow banding it got cut, and age cut it, and now 15 that's what we are. That's why we added that here in this 16 building to at least get us coverage here. This new system 17 is -- the part they could guarantee is 87 percent coverage 18 inside buildings in the city of Kerrville, okay? With the 19 new system. So, I -- I really feel we'll be okay. You know, 20 and it is what it is. I mean, there's no other company out 21 there that -- that wanted to get involved in this because of 22 the terrain and the topography of the county, and it's an 23 issue. 24 There are some things that we can do to improve 25 that portable coverage. You know, we can change out later 9-22-14 98 1 the type of -- of -- believe it or not, even the type of clip 2 that goes on the person's belt. Because on the officer's 3 belt right now, the clips we have puts the antenna up against 4 their body, okay? You could get what's called a swivel-hip, 5 which moves the antenna about 3 inches away from the body, 6 which does affect how much coverage; it can make it go up 7 greatly. We can go to the microphone that most of them are 8 carrying, the little mic on their shoulder that also has an 9 antenna on the top of that microphone. Or worst case 10 scenario, you could go to the radios in the cars, that the 11 car acts as a repeater to that portable radio, which would 12 amplify the system. It's just the costs are exorbitant. Or 13 you can add another tower to the system. 14 What it -- what it is, we can look at once we get 15 in this and the system's built, it can be still, if it 16 doesn't -- which we all feel it will be adequate, but if it 17 doesn't, you can add to it. We're not starting all over 18 again, okay? The system's designed for that, and I really 19 think it will be all right. But -- so that's what we have. 20 The thing is, we got a 300-and-something thousand dollar 21 discount on this system from them, and through the 22 negotiations, got it down to where it is. But then in the 23 very final negotiation, we got another 50-some thousand 24 dollar discount, but that discount expires on the 25th of 25 this month. So, if the contract is not signed by the 25th of 9-22-14 99 1 this month, we could lose that additional -- 2 JUDGE POLLARD: Let's get the contract. 3 SHERIFF HIERHOLZER: -- $50,000 discount, okay. 4 Because -- and it's all to do with their quarter and when the 5 reports have to be done, and how their stuff -- it's the end 6 of the quarter for them. And we've all worked at it, worked 7 at it hard. I had a meeting last week again with Motorola; 8 they came up. It's been a -- I think we'll have an excellent 9 system, but we've just got to get it started. So, I would 10 ask that the Court approve the contract and allow the Judge 11 to sign the same. And approve at the same time, 'cause it is 12 part of the contract, the lease agreement, and have the Judge 13 sign the same. Now, on the lease agreement, you can see all 14 our little red stickies on signatures and things that have to 15 be filled out. I have to get with the Auditor and get it all 16 filled out within the next day or so. But both the contract 17 and the lease agreement have been reviewed by the County 18 Attorney, and approved by the County Attorney. And to be 19 honest, everybody had forgot about the lease agreement part, 20 because it's also mentioned in the contract about those three 21 other payments, making up for -- and it didn't dawn on 22 anybody until about 1 o'clock Friday afternoon that it had to 23 be signed, too. And so I really thank the County Attorney 24 for going through that lease agreement, 22 pages of it, since 25 Friday afternoon at 1 o'clock, and being -- 9-22-14 100 1 MS. STEBBINS: It's exciting reading. 2 SHERIFF HIERHOLZER: It's been approved and is in 3 line with what we need. 4 COMMISSIONER MOSER: I move for approval per the 5 delineation by the Sheriff. And can we make the lease 6 agreement as part of this agenda item? 7 MS. STEBBINS: Yes, sir. 8 COMMISSIONER MOSER: Okay. 9 MS. STEBBINS: It's referred to in the contract. 10 COMMISSIONER MOSER: So moved. 11 JUDGE POLLARD: So, the motion is to execute the 12 contract and the lease agreement? 13 COMMISSIONER MOSER: Right. 14 SHERIFF HIERHOLZER: Yes. 15 JUDGE POLLARD: Is that it? 16 SHERIFF HIERHOLZER: That's the notion. Allow the 17 County Judge to sign both. 18 COMMISSIONER LETZ: And the funds will come from 19 the bond -- or the C.O., and the lease agreement, starting 20 2016, out of our general budget. 21 SHERIFF HIERHOLZER: Right. 22 JUDGE POLLARD: Okay. That's the motion, then? 23 COMMISSIONER MOSER: Correct. Do you agree to 24 that? 25 SHERIFF HIERHOLZER: Yes. 9-22-14 101 1 JUDGE POLLARD: Is there a second? 2 COMMISSIONER LETZ: Second. 3 JUDGE POLLARD: It's been moved and seconded. Is 4 there any further discussion? There being none, those in 5 favor, signify by raising your right hand. 6 (The motion carried by unanimous vote, 4-0.) 7 JUDGE POLLARD: It's 4-0. And that authorizes the 8 County Judge to execute the contract and the lease? 9 SHERIFF HIERHOLZER: Yes. 10 JUDGE POLLARD: All right. 11 SHERIFF HIERHOLZER: Thank you. 12 JUDGE POLLARD: All right. Item 1.25. Is this -- 13 is this one we want to discuss in executive session? 14 COMMISSIONER MOSER: Let's see. We don't need to 15 go in executive session for this. We'll discuss it in open 16 court. 17 JUDGE POLLARD: All right. Consider, discuss, and 18 take appropriate action regarding the Kerrville South 19 Wastewater System. Commissioner Moser. 20 COMMISSIONER MOSER: Okay. Let me talk about the 21 situation, where the problem is, solutions to the problem, 22 and proposed action. The situation is, Kerrville South 23 wastewater system is in Phase 5 of -- of the project. We're 24 hooking up 22 properties on this phase. The work is to be 25 done -- has to be completed by October the 31st, using the 9-22-14 102 1 funds from the Texas Department of Agriculture of $500,000 2 for that work -- Jonathan's stuff is catching here. If 3 it's -- if we do not complete the work and have all the 4 invoices in by then -- I need Jeannie to listen to this. 5 Rusty, I need Jeannie to listen to this, okay? 6 COMMISSIONER LETZ: Listen, Jeannie. 7 JUDGE POLLARD: Are you listening, Jeannie? 8 COMMISSIONER MOSER: We are at risk -- we have -- 9 the County has to reimburse T.D.A. $500,000. 10 COMMISSIONER BALDWIN: Oh, boy. 11 COMMISSIONER MOSER: It's a very tight schedule. 12 We -- there have been some issues, technical issues with -- 13 with the construction. To alleviate -- pardon me. To 14 alleviate that, we have a meeting every morning at 8 o'clock 15 with Charlie Drozdick -- I mean Keller Drozdick, Charlie 16 Hastings, myself, the contractor, and the Grantworks folks to 17 make sure that -- that we are on schedule. So far, we were 18 right up against the deadline. Now I think we've got about 19 one or two weeks margin in there. The issue is -- the 20 problem is, as part of the original specifications, the 21 work's to be done in accordance with the City's 22 specifications for this wastewater system, since they're 23 going to inherit it. So, they have their requirements on 24 things that have to be performed, and they got to do all the 25 inspections. So far, that's gone well. 9-22-14 103 1 Part of -- one of the line items was upgrade for 2 the lift station, and there was a lot of work involved in 3 that, and one of the elements of that work was deliver 4 three-phase power to the pumps at the lift station, because 5 we had to increase the capacity of the pumps. We have three 6 proposals on the -- for the contract. Two of them had -- 7 were in the neighborhood for the lift station work of about 8 $30,000 and $40,000, and the other one was way out of line, 9 as it was on everything else, for about $80,000. When the 10 details were looked at, what it was going to cost to get 11 three-phase power to the lift station, it's in the 12 neighborhood of $100,000. As a matter of fact, I think it's 13 -- Charlie Hastings has got it down to about $83,000. 14 But the reason it's so expensive is the easements 15 are owned by -- by Windstream. The power's delivered by 16 KPUB. The poles have to be changed out. Windstream doesn't 17 want to release the easement. So, last May, I believe it 18 was, we came up with a solution to get this all within about 19 the $30,000 price range, which was what was in the contract 20 with the contractor. And technical -- that sounds like the 21 panel distribution thing out at River Star. But the idea is 22 to bring in single-phase, which is available, use 23 converters -- a converter panel which converts from 24 single-phase to three-phase power for the -- with an 25 especially designed panel to do that, which has to be 9-22-14 104 1 air-conditioned and a bunch of other things to meet 2 reliability requirements. And then -- so the pumps, as far 3 as they're concerned, they've got three-phase power, and 4 that's what's needed. 5 The City is a little bit apprehensive about 6 accepting this, because this is not to their standards. So, 7 in the discussions with the City and all of us -- we're just 8 talking about the city -- the city staff engineers -- Charlie 9 and I and Keller met with them a week ago last Friday, and 10 what we said we would do is, number one, the supplier for the 11 panel which converts electricity from single-phase to 12 three-phase and delivers that to the pumps, and they also are 13 delivering the pumps, they warrant this equipment 100 percent 14 for 18 months. So -- so, contractually, functionally, there 15 shouldn't be an issue. We went one step further in this, 16 assuring that the reliability of the system is there, 'cause 17 if the pumps can't work, sewer's got to go somewhere, and 18 it's going to go from a house to stay in the house, okay? 19 So, it's a very critical system. 20 The -- what we did is we said, okay, we have 21 dual -- we have redundancy. We have redundancy -- we've 22 already seen that we have redundancy in the -- in the pumps; 23 we got redundancy in the control panels. So, if one of them 24 goes out, we still have capability to do it. So, the City 25 has said what they would like is for us to -- we, the County, 9-22-14 105 1 or we, the contractor, to deliver the -- deliver three-phase 2 power to the -- to the facility. We have it in Phase 6; 3 there will be sufficient funds to deliver the three-phase 4 power to the pumps. And we feel very confident that -- that 5 we will get Phase 6 approved, and that'll be the final phase 6 of this whole thing, and that hooks up the apartments on 7 Ranchero over in Precinct 1. And then we'll be through with 8 200 installations of -- of septic sewers to the central power 9 system -- central wastewater system. 10 This is long and drawn out; I apologize for that. 11 But to assure the City so that they will have -- be 12 comfortable in this approach, and using this bandaid for 13 providing power to the pumps, what I'm proposing is -- is 14 that the County will provide three-phase power to the lift 15 station by the end of calendar year 2015, which I think that 16 there's -- that the risk of that is extremely low, because we 17 think we'll get funding for $500,000 for Phase 6, which we 18 have the ability to put the -- bring the three-phase power 19 in. If we do not get funding for Phase 6 for some reason, 20 okay, which is a low probability, then the County would have 21 to provide the power -- three-phase power to the pumps. 22 Charlie's still working. The $83,000, he may be able to get 23 that a little bit lower. I don't think we've seen exactly 24 what that would be. 25 So, the County's going to be at risk for some, 9-22-14 106 1 like, $83,000. If we do not provide that guarantee, and the 2 City says, "No, per our interlocal agreement, you said you 3 were going to do everything according to our specs," then 4 what the County would do if we don't finish the project in 5 time, then we're going to be liable for $500,000. So, we're 6 at risk for -- low, low risk for $83,000, but if we don't 7 complete the project, we're 100 percent at risk for $500,000. 8 So, what I'm proposing is that we -- I think everybody's got 9 a copy of the letter, the draft, that we authorize the Judge 10 to send to the City saying, basically, you know, we work 11 together with you, City, all the kind of good things that go 12 along with that, and that we will provide three-phase power 13 as part of Phase 6, and if that does not happen, the County 14 will assure the City that three-phase power will be provided 15 to the lift stations no later than December 2015. And 16 further, to assure funding is available for this, the County 17 will amend the 2014 budget with a separate line item with 18 sufficient funds to deliver the three-phase power to the 19 city. 20 So, I've worked -- we've worked closely with 21 Jeannie, worked closely with all of the technical staff and 22 all the engineers. And engineers have this affinity, if it's 23 not invented here, it doesn't work with them. So, I think we 24 have a solution to this, and I think it's -- everything's 25 going to be fine. I think we'll complete the project before 9-22-14 107 1 October the 31st, and we -- we will complete it before 2 October 31st, assuming that we can use the panels -- the 3 converters and the pumps as planned. If we have to stop and 4 say, no, we're going to wait for three-phase power, we're not 5 going to get there, and we're going to be liable for 6 $500,000. 7 COMMISSIONER LETZ: One very quick comment. 8 COMMISSIONER MOSER: Okay. 9 COMMISSIONER LETZ: I cannot believe you had the 10 patience to work with the City on this issue. 11 COMMISSIONER MOSER: Well -- 12 COMMISSIONER LETZ: This is -- it's absurd. The 13 technology that we -- that we're trying to -- or recommending 14 is used on every water well in the county, and it works fine. 15 COMMISSIONER MOSER: Well, -- 16 COMMISSIONER LETZ: But, anyway -- 17 COMMISSIONER MOSER: -- it's there, and -- 18 COMMISSIONER LETZ: It's their system. 19 COMMISSIONER MOSER: After 40 years of working with 20 engineers on these kind of things, it -- the 40 years 21 experience helped. I want to promise you, it's been a very 22 -- a tedious thing, but I think that we're there. I think 23 the City is -- they'll bring this up at the City Council 24 meeting tomorrow night. I'll be there. And I think if we 25 can give them that assurance, I think -- I think we're home 9-22-14 108 1 free, okay? 2 COMMISSIONER LETZ: Okay. 3 COMMISSIONER MOSER: I think -- but if not, I'll 4 let Jonathan talk to all members of the City Council. 5 COMMISSIONER REEVES: So, the long and short of it, 6 we might have to pay 83,000 at the end of calendar year 2015. 7 COMMISSIONER MOSER: Right. 8 COMMISSIONER REEVES: If we don't approve this, 9 then we may have to pay a half a million dollars real quick? 10 COMMISSIONER MOSER: Real quick, right. That's the 11 long and short of it. 12 COMMISSIONER REEVES: Just so I got the long and 13 short of it. 14 COMMISSIONER MOSER: You got the long and short. 15 COMMISSIONER LETZ: Motion? 16 COMMISSIONER MOSER: I make a motion that we 17 authorize the Judge to send a letter -- there's a draft 18 attached to this that we'll make part of the record -- to the 19 City, guaranteeing -- assuring the City that the City -- the 20 County will provide three-phase power to the lift stations on 21 Quail Valley as part of Kerrville South wastewater project no 22 later than December the 15th of -- no later than 23 December 2015, and that we will obligate the funds in the -- 24 in the budget for that. 25 MS. HARGIS: And what I need you to say is that you 9-22-14 109 1 will assign fund balance of the 83,000. And it will show up 2 in our audit as "assigned," okay? We can't reserve any more. 3 That's no longer a terminology you can use, but we can 4 assign. It becomes a legal obligation. But the word is -- 5 JUDGE POLLARD: One word you're going to have to 6 change, instead of "authorize" the County Judge to sign it, 7 you're going to have to "direct" him to sign that one, 'cause 8 this one gives me hives, okay? 9 COMMISSIONER MOSER: Okay, I'll modify the motion 10 to direct the Judge to sign this letter. 11 JUDGE POLLARD: All right. 12 COMMISSIONER BALDWIN: And 83,000 is a definite, 13 accurate number? 14 MR. HASTINGS: Yes, sir. 15 JUDGE POLLARD: Lots of ifs. 16 COMMISSIONER MOSER: So, that's the motion. 17 JUDGE POLLARD: Lots of ifs. 18 COMMISSIONER LETZ: We need to move forward with 19 that. It's worse if you don't. 20 JUDGE POLLARD: I agree. I agree. 21 COMMISSIONER LETZ: Second. 22 JUDGE POLLARD: Okay, it's been moved and seconded. 23 Any further you discussion? I got hives. (Laughter.) 24 That's all I got to say. Those in favor of the motion, 25 signify by raising your right hand. 9-22-14 110 1 (The motion carried by unanimous vote, 4-0.) 2 JUDGE POLLARD: It's unanimous. Oh, god. 3 COMMISSIONER MOSER: Thank you very much. 4 JUDGE POLLARD: All right. Lots of ifs. 5 COMMISSIONER BALDWIN: Judge, can I remind you 6 guys, I think it's this Wednesday evening at 6 o'clock, the 7 Sheriff's Academy, that we're all ordered to be there? 8 COMMISSIONER MOSER: Ordered? 9 JUDGE POLLARD: Well, essentially, that's right. 10 And it's a -- I'll tell you, it's a kind of rewarding thing, 11 too. 12 COMMISSIONER BALDWIN: It is. 13 JUDGE POLLARD: It is. When you go, it's -- you'll 14 enjoy it. 15 COMMISSIONER MOSER: It's been good. 16 JUDGE POLLARD: And I appreciate the reminder, 17 'cause I need them. I just missed a meeting this morning. 18 COMMISSIONER BALDWIN: I have too. 19 JUDGE POLLARD: Alzheimer's. 20 MS. HARGIS: We didn't notice. 21 JUDGE POLLARD: Huh? 22 MS. HARGIS: We didn't notice. 23 JUDGE POLLARD: Okay. All right, let's go to -- we 24 don't have any need for a closed meeting; is that true? 25 COMMISSIONER MOSER: That's correct. 9-22-14 111 1 JUDGE POLLARD: All right. Let's go to -- 2 continuing the open meeting, let's go to any action that may 3 be required on matters discussed in executive session. None. 4 And let's go to pay the bills. Now, this is the one you have 5 a lot of questions on? 6 COMMISSIONER BALDWIN: I do have a lot of 7 questions. 8 JUDGE POLLARD: Okay. 9 COMMISSIONER BALDWIN: But I move that we pay the 10 bills. 11 COMMISSIONER MOSER: Second. 12 JUDGE POLLARD: Been moved and seconded that we pay 13 the bills. Any further discussion? 14 COMMISSIONER BALDWIN: Mrs. Auditor? 15 MS. HARGIS: Yes, sir? 16 COMMISSIONER BALDWIN: Let's start with Page 1. 17 MS. HARGIS: Okay. 18 COMMISSIONER BALDWIN: And it's probably simple 19 stuff. I just -- I'm not sure. This is the last meeting of 20 the -- of the budget year. 21 MS. HARGIS: Yes. 22 COMMISSIONER BALDWIN: And I just wanted to dot my 23 I's and cross the T's, and be clear on what we're doing here, 24 what I'm voting for. The Nondepartmental, I kind of 25 understand the first two, but the rest of them I don't 9-22-14 112 1 understand what those are for. The $20, what is that? 2 MS. HARGIS: Those are refunds of deposits for 3 Animal Control. 4 COMMISSIONER BALDWIN: Thank you. Go to Election 5 Services. We're paying the ballots for the -- $1,500 for the 6 ballots out at Ingram for the -- the mayoral election, I'm 7 assuming. That's what that is? Does the County pay for all 8 of that? 9 MS. HARGIS: I believe we get reimbursed, but I'm 10 not -- an elected official, I believe that we get reimbursed 11 for those. But some of these are for the new election coming 12 up as well, the November election. 13 COMMISSIONER BALDWIN: Okay, it says "November." 14 MS. HARGIS: We should be reimbursed from Ingram, 15 it's my understanding. If we serve -- if it's their -- their 16 own election, we get reimbursed. 17 COMMISSIONER BALDWIN: It says, "paper ballots, 18 Ingram." 19 MS. HARGIS: Right. 20 COMMISSIONER BALDWIN: 1,500 bucks. So, you think 21 that the County will be reimbursed? 22 MS. HARGIS: I'm pretty sure we get reimbursed for 23 that. 24 COMMISSIONER BALDWIN: Wonder why they didn't pay 25 for it in the beginning. County Clerk's office, I'm assuming 9-22-14 113 1 "marriage license," that means that they ordered some forms 2 to fill out so people can get married? 3 MS. HARGIS: I believe -- 4 JUDGE POLLARD: Jannett mentioned that to me last 5 week when I talked to her. They've changed the forms. 6 COMMISSIONER BALDWIN: Okay. 7 JUDGE POLLARD: You got to get new forms for each 8 year, and so it's -- this is a regular, recurring thing. 9 COMMISSIONER BALDWIN: So, it's $478, and it makes 10 me think -- 11 JUDGE POLLARD: They're expensive. 12 COMMISSIONER BALDWIN: -- either there's a heck of 13 a lot of people getting married, or forms have changed. 14 JUDGE POLLARD: It's -- they're expensive forms, 15 what it is. 16 COMMISSIONER BALDWIN: Okay. Drop on down to 17 Mental Health, Bexar County Clerk. What is -- why is that -- 18 I don't understand why we're paying Bexar County. We have 19 our own State Hospital. 20 MS. HARGIS: We -- 21 JUDGE POLLARD: Well, that's -- Bexar County, if we 22 commit somebody to -- Bexar County's San Antonio State 23 Hospital, and if we want to commit them for more than 15 days 24 or so, then they have to go to San Antonio State Hospital, 25 and so we have to reimburse them for their services. On the 9-22-14 114 1 other hand, sometimes they send -- Bexar County sends theirs 2 up here to our hospital, and they have to reimburse us. 3 COMMISSIONER BALDWIN: Is it -- 4 JUDGE POLLARD: So this is a two-way street. 5 COMMISSIONER BALDWIN: -- a different type of 6 patients? 7 JUDGE POLLARD: Yes. 8 COMMISSIONER BALDWIN: Okay. And I noticed -- 9 let's see. 10 JUDGE POLLARD: See, ours are non-criminal; they go 11 down to SASH, and those that they send up here are forensic, 12 criminal types that have charges. 13 COMMISSIONER BALDWIN: Right. Well, there's six of 14 these that we pay Bexar County, and five of them are $491, 15 and one of them is $416. 16 JUDGE POLLARD: That's -- 17 COMMISSIONER BALDWIN: That's an accurate number? 18 JUDGE POLLARD: Well, I don't know about the number 19 being accurate, but those are the bills that we get from them 20 down there, and they're probably pretty well in line for -- 21 those commitments are up to -- up to 90 days, so $491 doesn't 22 sound like a lot of money for up to 90 days. 23 COMMISSIONER BALDWIN: No, I agree. Five of them 24 are 491; then all of a sudden, there's one for 416. I don't 25 see how you can get that much difference. All right. Page 9-22-14 115 1 2, right in the middle of the page is Jury, Bilingual 2 Communications, interpreters. One invoice is for 205, and 3 another invoice is for 250. Where is that? What court is 4 that? 5 MS. HARGIS: That's -- 6 JUDGE POLLARD: Not mine. Got to be one of the two 7 District Courts or Judge Brown's court. 8 MS. HARGIS: It's the 216th. 434 is the 216th. 9 COMMISSIONER BALDWIN: And so -- well, I've asked 10 this question so many times through the years that I -- and I 11 can't remember. Do we hire somebody out of San Antonio to 12 come here and interpret? Or do we have a person that's a 13 county employee that -- 14 MS. HARGIS: No, we can't use county employees any 15 more. 16 COMMISSIONER BALDWIN: So there's someone floating 17 around town that interprets professionally? 18 SHERIFF HIERHOLZER: There is a -- 19 COMMISSIONER BALDWIN: Is it you? 20 SHERIFF HIERHOLZER: I don't interpret. 21 COMMISSIONER BALDWIN: Oh, okay. 22 SHERIFF HIERHOLZER: There is a Ms. Cavazos -- not 23 the D.A.; there is a -- she runs a business out of San 24 Antonio that does that. They have to be court-certified. 25 They have to be a court-certified interpreter. 9-22-14 116 1 COMMISSIONER BALDWIN: I see. 2 SHERIFF HIERHOLZER: And she'll send someone up if 3 it's a jury trial. They're moving now more and more, which I 4 wish our county would, to teleconferencing, such as I had to 5 pay a bill a few weeks ago with her that we had to have her 6 interpret for an arrestee one night that spoke nothing but 7 Chinese, and you have to find a Chinese interpreter to read 8 and inform that person of their rights. 9 COMMISSIONER BALDWIN: I would think so. 10 SHERIFF HIERHOLZER: And we're getting more and 11 more of that. And she runs a -- a company that has access to 12 people that are court-certified in all the different 13 languages that we normally run across. So, yes, that's very 14 much needed. Unfortunately, we have to use it, and the 15 courts do. 16 COMMISSIONER BALDWIN: And then the next one, the 17 juror meals? 18 MS. HARGIS: Juror meals? No, I'm -- I'm thinking 19 that's probably training, versus for meals, but I'll have to 20 check. I don't know what that is. I didn't -- I sign -- 21 sometimes I sign the jury forms for them to get reimbursed 22 for the meals. 23 COMMISSIONER BALDWIN: I just noticed that, the 24 juror meals. 25 MS. HARGIS: It's on my card. 9-22-14 117 1 COMMISSIONER BALDWIN: Right above that are 10 2 bucks, 20 bucks, et cetera, et cetera, and all of a sudden we 3 jump to 165 on your credit card. 4 MS. HARGIS: Okay. 5 COMMISSIONER BALDWIN: And so you pay -- you use 6 your credit card to pay for jury meals? 7 MS. HARGIS: They borrow my -- the -- 8 COMMISSIONER BALDWIN: They borrow? 9 MS. HARGIS: They sign out a credit card with an 10 affidavit for what they're using it for, so that we only have 11 one credit card that is used universally by most of the 12 people in the courthouse. 13 COMMISSIONER BALDWIN: Okay. I wasn't aware of 14 that. I think I tried to use it one time; it wouldn't work. 15 JUDGE POLLARD: Somebody was a good judge of 16 character. (Laughter.) 17 COMMISSIONER BALDWIN: Yeah. 18 MS. HARGIS: He had the Exxon card; he didn't have 19 the pin number. 20 COMMISSIONER MOSER: Way to go, Jeannie. 21 COMMISSIONER BALDWIN: Okay. Page 3, Lucy Pearson, 22 jail court expense, $1,500. I thought the jail court went 23 away with old what's-his-name. 24 MS. HARGIS: No, she's the prosecutor -- the 25 prosecutor side. She's still doing it. 9-22-14 118 1 SHERIFF HIERHOLZER: She's not the prosecutor. 2 MS. STEBBINS: She's not the prosecutor; she's the 3 defense. 4 MS. HARGIS: Defense side. But she is still doing 5 it on some of the cases. They still have a few that she's 6 finishing up for the year. 7 COMMISSIONER BALDWIN: Do we still have a court -- 8 do we have a judge that sits out there? 9 MS. HARGIS: Mm-hmm, yeah. 10 COMMISSIONER LETZ: I thought it wasn't going on 11 any more. 12 MS. HARGIS: Well, it's not, but for the rest of 13 the year -- 14 COMMISSIONER BALDWIN: It's not, but it is? 15 SHERIFF HIERHOLZER: It's one of those that -- it 16 isn't, okay. Now, Rex -- the Judge will come out there; Rex 17 Emerson does, normally on Fridays, 'cause they'll do pleas on 18 those. But there are still a few that -- under the old law 19 and that fit into that category, which is where Ms. Pearson 20 handles those. So, they're very few and far between, but she 21 does have a few still that she can do. But I've got a 22 feeling by the end of the year, all of it's gone, so there's 23 really not a jail court any more, you're correct. But there 24 are just an few of those that -- 25 JUDGE POLLARD: Few cases that were covered under 9-22-14 119 1 the old law that have to have a jail court that are hanging 2 on, getting those disposed of. 3 SHERIFF HIERHOLZER: Trying to. 4 COMMISSIONER BALDWIN: Down closer to the bottom, 5 Human Resources, Family Practice Associates. That's a group 6 of physicians, I think? 7 JUDGE POLLARD: Mm-hmm. 8 MS. LANTZ: It is. 9 COMMISSIONER BALDWIN: And the word "safety," and 10 then the bill for $772. 11 MS. LANTZ: That's Animal Control's shots they have 12 to get for -- 13 MS. HARGIS: Rabies. 14 MS. LANTZ: -- rabies. 15 COMMISSIONER BALDWIN: Our employees? 16 MS. LANTZ: Yes, sir. 17 COMMISSIONER BALDWIN: I'm glad they're doing that. 18 And then this Healthy County reward thing, and I'm assuming 19 that's the same credit card that you're talking about. 20 What -- what is it that we pay for with the Healthy County 21 reward program? 22 MS. LANTZ: That is the funds that TAC gives us, as 23 the county, to go back to our employees. And that is not 24 taxpayer dollars; those are monies that was earned by 25 employees for all the rewards that we did through Sonic Boom, 9-22-14 120 1 and as well as doing the health assessment. TAC gives us 2 money, and those rewards are used through different things we 3 do in the county. For example, our health fair, as well as 4 our Christmas party. And those are purchases made for those 5 things. 6 COMMISSIONER BALDWIN: Oh, purchases made. Okay, 7 I've got it. It makes sense. Down at the bottom, County 8 Treasurer, conferences on that credit card of $700. I wasn't 9 aware that there was any conferences this late in the year. 10 What is that about? 11 MS. SOLDAN: That is Leadership Kerr County 12 training. 13 COMMISSIONER BALDWIN: I'm sorry? 14 MS. SOLDAN: Leadership -- 15 JUDGE POLLARD: Leadership Kerr County training. 16 COMMISSIONER BALDWIN: We pay for Leadership Kerr 17 County? 18 MS. SOLDAN: I got approval to do so, yes. 19 COMMISSIONER BALDWIN: This is the first I've seen 20 it, but I don't think that's ever happened before. I've kind 21 of watched that. 22 JUDGE POLLARD: You're going to have to get better 23 or die. 24 COMMISSIONER BALDWIN: No kidding. 25 COMMISSIONER LETZ: I don't feel bad. 9-22-14 121 1 COMMISSIONER BALDWIN: Page 4, Custodial and 2 Grounds. Thad Ziegler, $611. 3 SHERIFF HIERHOLZER: That's mine. 4 COMMISSIONER LETZ: He left to get me some water. 5 COMMISSIONER BALDWIN: Oh, he knew I was fixing to 6 do that. 7 SHERIFF HIERHOLZER: That is most likely -- we had 8 a couple instances of criminal mischief inside the jail. The 9 little windows that we use, inmates busted out those windows. 10 Both were charged -- 11 COMMISSIONER MOSER: This says Ingram Annex here. 12 Ingram Annex. 13 COMMISSIONER REEVES: Is there a problem at the 14 Ingram Annex? You had to get Thad Ziegler -- 15 MR. BOLLIER: Yeah, somebody threw a rock through 16 the window. 17 COMMISSIONER BALDWIN: Okay. So, we're not having 18 any kind of maintenance issues out there at that building? 19 MR. BOLLIER: No, sir, it's not -- 20 JUDGE POLLARD: Do you know who did it? 21 MR. BOLLIER: No, sir, I don't believe they do. 22 SHERIFF HIERHOLZER: No. We worked the case and 23 could not pick it up on the video cameras. 24 MR. BOLLIER: It took us a while, because it took 25 them a while to get the glass in, so it's been -- like, it's 9-22-14 122 1 been a while back. 2 MS. HARGIS: It's a big piece of glass. 3 MR. BOLLIER: It's a big piece of glass. It took 4 them several months to get it in there. 5 COMMISSIONER BALDWIN: Page 5, Constable 3, 6 clothing allowance. In the back of my mind, I knew this was 7 -- was happening, but I think it would be wise for this Court 8 to take a look at -- I mean, who do we buy our clothing for? 9 You don't buy suits for me to be a commissioner, so who all 10 do we spend public money on to buy -- 11 COMMISSIONER LETZ: I would -- I don't know, but I 12 would imagine it's uniforms, 'cause I know he wears a uniform 13 most days. 14 COMMISSIONER BALDWIN: Page 6, so we still -- we 15 still are connected with D.P.S. for some things; $479 for 16 flashlights. And I'm happy we do that. 17 JUDGE POLLARD: Probably get them cheaper that way. 18 COMMISSIONER BALDWIN: Yeah, probably so. I'm not 19 complaining. I'm not complaining. But actually, a few years 20 ago I thought that we had totally, completely cut the ties 21 with funding anything. We used to fund a bunch of stuff over 22 there. 23 JUDGE POLLARD: I see. 24 COMMISSIONER BALDWIN: Yeah. Secretaries, radar 25 systems, and all kinds of stuff. But I didn't know we were 9-22-14 123 1 still going with them. Page 8, Nondepartmental, Crown 2 Castle. Now, is this a -- is this a dental -- 3 JUDGE POLLARD: Sounds like a bottle of whiskey. 4 COMMISSIONER BALDWIN: That you'd go to the dentist 5 with. (Laughter.) 6 JUDGE POLLARD: Well, it's close. 7 COMMISSIONER BALDWIN: Prepaid lease. Prepaid 8 lease for Crown Castle. What is that? 9 MS. HARGIS: I can't answer that one. 10 COMMISSIONER BALDWIN: That's -- I finally found 11 one. I finally stumped you, didn't I? 12 MS. HARGIS: You did. Only thing I can -- because 13 it says "prepaid lease," I'm going to have to look at it. 14 COMMISSIONER BALDWIN: What could that possibly be? 15 I understand the second one, $100,000 to the City for fire 16 contract. 17 JUDGE POLLARD: What's the significance of 18 "Buckner" there? Does that give you a clue? 19 MS. HARGIS: I -- I know we have leases. I'm not 20 sure -- I think this is one of the leases on the tower, and 21 it's called Crown Castle. But -- and I looked at those, but 22 I don't want to answer. 23 SHERIFF HIERHOLZER: None of my towers. 24 JUDGE POLLARD: Well, I'm all in favor of a bottle 25 of whiskey. 9-22-14 124 1 MS. HARGIS: Okay. 2 COMMISSIONER BALDWIN: Today. 3 JUDGE POLLARD: Yeah, right here, now. 4 COMMISSIONER BALDWIN: That's it. And the only one 5 that I'm concerned with is the -- the Treasurer. What did we 6 call it? Leadership Kerr County. 7 COMMISSIONER LETZ: Commissioner, I believe -- I 8 don't know if it was this one I saw, but I believe that we 9 have paid that in the past, so -- I was surprised that we 10 did, but I believe we have. 11 COMMISSIONER BALDWIN: I couldn't find one. 12 COMMISSIONER LETZ: You could -- seems like someone 13 mentioned to me we had, but maybe not. 14 COMMISSIONER BALDWIN: Well -- 15 COMMISSIONER LETZ: Anyway -- 16 JUDGE POLLARD: This came up somewhere. Was I 17 talking to you about it? 18 MS. SOLDAN: Mm-hmm. 19 JUDGE POLLARD: Did you say that there was some -- 20 a precedent set in the past? 21 MS. SOLDAN: I couldn't find a precedent set. 22 That's why I was coming to you. 23 JUDGE POLLARD: Somebody told me there was, but I 24 can't remember who it was. 25 COMMISSIONER BALDWIN: I remember the very first -- 9-22-14 125 1 I was Precinct 4 Commissioner when one of the very first one 2 of those programs came up. I've kind of watched it over the 3 years. I think everybody pays out of their pocket. But, you 4 know, whatever y'all want to do. I'm not going to complain 5 about it. I was just concerned about it. 6 JUDGE POLLARD: Let me ask this question. Were you 7 chosen to take that course because you were a county employee 8 at the time, and in your position? 9 MS. SOLDAN: Yes, sir. They did -- they did kind 10 of recommend wanting the County to be more involved in that 11 program, and I was nominated to that program. 12 JUDGE POLLARD: I'd be in favor of paying it. 13 COMMISSIONER LETZ: I mean -- 14 COMMISSIONER BALDWIN: So, I move to pay the bills. 15 COMMISSIONER LETZ: I think it's a -- until we 16 started talking, I was probably more in favor. I think it 17 sets a precedent that we will have to pay it in the future. 18 And -- and, you know, they've -- I've had that group say -- 19 tell me that, yes, you know, we need more county 20 participation, but -- 21 JUDGE POLLARD: No, we're not an island unto 22 ourselves. 23 COMMISSIONER LETZ: But, you know, I think it's a 24 good program for the community. Whether we should pay it or 25 not, I'm somewhat indifferent on, but if we do, this is a 9-22-14 126 1 precedent that we should anticipate, and I think we need to 2 set up a policy, maybe one per year or something like that. 3 COMMISSIONER MOSER: Could we have somebody come in 4 and talk to us about that County leadership program? 5 'Cause -- 6 COMMISSIONER LETZ: It's -- 7 COMMISSIONER REEVES: It's a good program, and it 8 develops a lot -- I'm like Buster; I remember when it 9 started. And I think we should approve it this year, but in 10 the meantime, decide how we will fund future ones, and the 11 maximum amount that we will fund. 12 JUDGE POLLARD: Well, I think if you pay this one 13 now, you just -- you've decided. 14 COMMISSIONER REEVES: For this year, that's all 15 it's going to be. But I think we can set a policy later. 16 MS. LANTZ: We do have a leadership program through 17 TAC that our county employees do go to. Every year we 18 send -- I believe it's two or three from different 19 departments. That is funded through our general 20 nondepartmental funds, as well as the department's fund. But 21 that is strictly through TAC, and it's a week-long program. 22 COMMISSIONER LETZ: Who runs the Kerr County -- I 23 mean, I think that if we're going to participate in that, we 24 should nominate who we want to go, not who they want 25 necessarily. I think it's -- I think how it works, I think 9-22-14 127 1 we need to look at that pretty carefully and closely. 2 COMMISSIONER MOSER: Yeah, I'd like to understand 3 more about what -- what the benefits are, what -- who teaches 4 it and what -- what we get out of it. 5 COMMISSIONER LETZ: It's a good -- it's a 6 networking -- a local networking system. 7 JUDGE POLLARD: Have you been to it? 8 COMMISSIONER LETZ: I've spoken at it quite a few 9 times. I've never been through the program. They go around, 10 and you have -- you know, on water issues, for example, 11 they'll get a panel of people to go and talk about water 12 stuff. Or depending on who's involved, I mean, different 13 things; they rotate around. But it's a -- is there a direct 14 benefit to any county employee to their job? No, in my mind. 15 It's a good -- but it is a good networking tool, and that 16 gives a kind of a -- a second-tier benefit to elected 17 officials, department heads in the county, because they are 18 working with other people in leadership positions in the 19 county. So, it's kind of -- I can argue either way. I don't 20 have a strong opinion, but I think we need to look at it. 21 And if they want us to participate, I think, probably more, 22 we should nominate the people, as opposed to -- 23 COMMISSIONER MOSER: I agree. 24 COMMISSIONER BALDWIN: And budget for it. 25 COMMISSIONER LETZ: And budget for it. And then -- 9-22-14 128 1 rather than let them pick who they want, you know, out of it. 2 So, I think we can -- should look at it as part of our budget 3 for next year during the year sometime. Why don't we -- 4 JUDGE POLLARD: Or make suggestions to them as 5 to -- kind of a list of three; say, "Pick any one of these 6 three." 7 COMMISSIONER LETZ: Sounds like you're going to 8 probably go through it, so your task is to get someone from 9 Leadership Kerr County to come over and explain it. 10 MS. SOLDAN: I can do that, sure. 11 COMMISSIONER LETZ: And talk about the process. 12 Have them -- and I don't know who runs it, if it's a board or 13 how it works. But say that they probably need to come over 14 and visit with us. 15 MS. SOLDAN: Okay. 16 COMMISSIONER MOSER: Yeah. What do you get for 17 $700? I mean, where's it held? 18 MS. SOLDAN: It's -- the classes are held at 19 different locations. I don't even have a schedule. I have a 20 schedule of topics, but not a schedule of locations. 21 COMMISSIONER LETZ: It goes for a -- 22 MS. HARGIS: It's a nine-month program. 23 COMMISSIONER MOSER: Got to be all in the county? 24 MS. HARGIS: I went. 25 COMMISSIONER REEVES: No, they go to the capitol. 9-22-14 129 1 MS. HARGIS: The first year I was here. 2 COMMISSIONER BALDWIN: Did you? 3 MS. HARGIS: Mm-hmm. 4 JUDGE POLLARD: Did you pay for it? 5 MS. HARGIS: Yes, I did. And it's a nine-month 6 program. It is a good program, but it's -- what Jonathan is 7 saying, but it gives you an opportunity to know what goes on 8 in -- in the whole area. I mean, we went to hospitals; we 9 went to, like you said, water issues, appraisal issues. So, 10 there are nine -- nine different -- you know, you go for nine 11 months. 12 COMMISSIONER MOSER: So, why do you go to Austin to 13 learn about Kerr County? 14 MS. HARGIS: Each group picks how they -- how they 15 do it. We didn't go anywhere but here. It was a legislative 16 year, and they felt that they needed to go to see how -- on 17 Kerr County day. I can't answer that, because I didn't go 18 through it. We got accused of going to Fredericksburg 'cause 19 we went to the wineries, but -- 20 COMMISSIONER BALDWIN: Ah. 21 MS. HARGIS: So -- but we spent 75 percent of the 22 day at Comanche Trace going through all the various 23 committees. You learn what goes on in the county and the 24 city as a whole, and -- and who the different organizations 25 are, what they do, what they provide to the community, how 9-22-14 130 1 you can use that to help other people in community. I 2 probably would have never gone to the V.A. Hospital and 3 actually gone inside, but we went to all the hospitals that 4 are here. We went through Peterson; it was just being built 5 at that time, and then we went through the V.A. to see the 6 different things that they offer. So, there -- 7 JUDGE POLLARD: Developing an informed voter, 8 heaven forbid. (Laughter.) 9 MS. HARGIS: But, you know, it's just been a 10 policy. I mean, I had already been nominated when I came 11 over, and I'd already paid for mine, so -- 12 COMMISSIONER LETZ: Anyway, okay. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER BALDWIN: So, let me ask you one more 15 question about this, though. Do you think the word 16 "conference" is a good description? 17 MS. HARGIS: It's a training program, I think, more 18 than a conference. 19 COMMISSIONER BALDWIN: Do you think "conference" is 20 a good description? When I look at conference or think about 21 conference, budgetary-wise, I think about going to Corpus and 22 getting my 16 hours, which I need 24. How stupid can you 23 get? But -- 24 MS. HARGIS: It was her line item. 25 JUDGE POLLARD: Which you're not going to do, 9-22-14 131 1 'cause you're a lame duck. 2 COMMISSIONER BALDWIN: That's right. No, I'm going 3 to Corpus. 4 COMMISSIONER MOSER: What does that have to do -- 5 the "duck" part. The "lame" part, I agree with. (Laughter.) 6 MS. HARGIS: The line item was conferences, and 7 that's what pulled up on the sheet. 8 COMMISSIONER BALDWIN: Oh, I see. Okay. 9 JUDGE POLLARD: If it quacks and waddles and it's 10 yellow, it's a duck. 11 COMMISSIONER LETZ: He's ready to vote. Better 12 hurry up. 13 JUDGE POLLARD: All right. All right, there's a 14 motion on the floor. Those in favor -- if there's no further 15 discussion, hopefully, those in favor of the motion, signify 16 by raising your right hand. 17 (The motion carried by unanimous vote, 4-0.) 18 JUDGE POLLARD: It's 4-0, unanimous. All right, 19 bills are paid. Wow. Let's get back to the -- 20 COMMISSIONER BALDWIN: I told you. Well, this is 21 the last meeting of the year. 22 JUDGE POLLARD: That's okay. Frankly, that's a 23 really good process to go through, Buster Baldwin. I think 24 so. Budget amendments? Are there any? 25 MS. HARGIS: Yes, sir there, are 30. 9-22-14 132 1 JUDGE POLLARD: Okay. 2 MS. HARGIS: These are mostly end-of-the-year -- 3 JUDGE POLLARD: Summarize those, please. 4 MS. HARGIS: They're mostly the end-of-the-year 5 clean-ups that we need to do. Now, the Court may or may not 6 understand that we still have bills that you will be paying 7 probably the first court date in October. I try to cut it 8 off then so that I can get ready for the audit. We will not 9 do budget amendments on those, but we do watch to make sure 10 that those don't go over the department or the fund. So -- 11 generally speaking, they don't. But this is the last budget 12 amendments for the 2014 -- 2013-2014 year. 13 COMMISSIONER REEVES: Move approval. 14 COMMISSIONER MOSER: Second. 15 JUDGE POLLARD: It's been moved and seconded that 16 all budget amendments be approved. Is there further 17 discussion? There being none, those in favor, signify by 18 raising your right hand. 19 (The motion carried by unanimous vote, 4-0.) 20 JUDGE POLLARD: It's unanimous, 4-0. Late bills? 21 MS. HARGIS: We do have some late bills. Again, 22 especially this time of the year, we try to get all the bills 23 that we can. These -- these are the attorney bills that -- 24 they were a little bit late due to the District Clerk's 25 problems upstairs. They're working under some spread-out 9-22-14 133 1 conditions up there. 2 COMMISSIONER LETZ: Move approval. 3 COMMISSIONER REEVES: Second. 4 JUDGE POLLARD: Been moved and seconded for 5 approval of the late bills. Any further discussion? There 6 being none, those in favor, signify by raising your right 7 hand. 8 (The motion carried by unanimous vote, 4-0.) 9 JUDGE POLLARD: It is 4-0, unanimous. Boy, we get 10 things running quick when we start getting close to lunch, 11 don't we? 12 COMMISSIONER BALDWIN: Yes, we do. Priorities. 13 JUDGE POLLARD: Yes, sir, I understand. That's 14 near and dear to my heart. All right. Approve and accept 15 monthly reports. Are there any monthly reports? 16 COMMISSIONER REEVES: Yes. J.P., Precinct 2; 17 Constable, Precinct 3; J.P. Precinct 4; County Clerk's 18 office. 19 COMMISSIONER MOSER: Move that we approve those 20 monthly reports. 21 COMMISSIONER LETZ: Second. 22 JUDGE POLLARD: It's been moved and seconded that 23 we approve those monthly reports. Is there further 24 discussion? No discussion. Those in favor, signify by 25 raising your right hand. 9-22-14 134 1 (The motion carried by unanimous vote, 4-0.) 2 JUDGE POLLARD: 4-0, unanimous. All right, reports 3 from Commissioners and liaison/committee assignments. 4 Mr. Baldwin first. 5 COMMISSIONER BALDWIN: I have nothing, thank you. 6 JUDGE POLLARD: Mr. Moser? 7 COMMISSIONER MOSER: Let's see, a couple things. 8 The -- a quick update on the new hangars at the airport. 9 Everything is finished except the paving around the hangars. 10 That should be -- could be done this week. So, all 12 11 hangars are occupied or will be occupied, put money down. As 12 a matter of fact, we have eight on a waiting list in case 13 somebody steps aside. So -- 14 JUDGE POLLARD: So we need to build eight more? 15 COMMISSIONER MOSER: Well, we could. We could, and 16 that's being looked at, and how to fund it and that kind of 17 thing. It's part of the master plan at the airport. We know 18 where we're going to build them, and so then it would be a 19 matter of -- so the market appears to be there. And I think 20 we'll get reimbursed for our funds in two years for those 21 hangars. The other thing is for Constable, Precinct 2. 22 We'll have a meeting this week, I'm proposing, with the four 23 people that are looking at those who have submitted letters 24 of interest and applications for that, and we'll come back to 25 the Court next court session with a recommendation. And 9-22-14 135 1 probably -- 2 JUDGE POLLARD: How many applicants have you had? 3 MS. LANTZ: There's three. Three total. 4 COMMISSIONER MOSER: Okay. So -- 5 JUDGE POLLARD: Is the time for them to submit up, 6 or is there still some -- 7 MS. LANTZ: It was up on the 18th. 8 JUDGE POLLARD: Okay. 9 COMMISSIONER MOSER: Correct. That's all I have. 10 JUDGE POLLARD: All right. Do you have anything? 11 COMMISSIONER LETZ: No. 12 JUDGE POLLARD: Mr. Reeves? 13 COMMISSIONER REEVES: Nothing. 14 JUDGE POLLARD: I don't have anything. All right, 15 reports from elected officials/department heads. Any? 16 MS. LANTZ: The health fair last week was a great 17 success. I think there was over 100 employees that 18 participated. They were able to get their flu shot, shingles 19 shot. 20 JUDGE POLLARD: Did you say 100? 21 MS. LANTZ: I believe so. 22 JUDGE POLLARD: Well, that was good. It was 23 really -- 24 MS. LANTZ: Spouses as well. 25 JUDGE POLLARD: -- a good setup. 9-22-14 136 1 MS. LANTZ: Tracy did an excellent job coordinating 2 with everybody and getting it set up, so, you know, everybody 3 needs to give her lots of thanks for that. That was very 4 tedious and time-consuming. But all in all, I've heard very 5 positive things from the health fair. And those that did not 6 get their shots, Walgreen's is going to allow county 7 employees to go over there, and accept our insurance to get 8 those shots done. 9 COMMISSIONER MOSER: Fantastic. Were there a 10 number of people with shingles vaccines? 11 MS. LANTZ: Thirty. 12 MS. SOLDAN: Everybody that we ordered for. 13 COMMISSIONER MOSER: Thirty? Good. 14 JUDGE POLLARD: I took a -- what is it? I took one 15 that requires a follow-up shot in 30 days, and then another 16 30 days. 17 MS. SOLDAN: The hepatitis. 18 JUDGE POLLARD: She said they'd come to me with 19 that. 20 MS. LANTZ: We're setting that up over at the 21 Sheriff's Office for them to come and administer the other 22 doses. 23 JUDGE POLLARD: Okay. They offered a lot of 24 different kinds. Okay, any further reports of any kind? 25 Reports from boards, commissions, and committees? 9-22-14 137 1 City/County joint projects or operational reports or others? 2 Any of those? There are none. I'll entertain a motion to 3 adjourn. 4 COMMISSIONER BALDWIN: So moved. 5 COMMISSIONER LETZ: Second. 6 JUDGE POLLARD: Those in favor, signify by raising 7 your right hand. 8 (The motion carried by unanimous vote, 4-0.) 9 JUDGE POLLARD: It's unanimous. We're gone. 10 (Commissioners Court adjourned at 11:57 a.m.) 11 - - - - - - - - - - 12 13 STATE OF TEXAS | 14 COUNTY OF KERR | 15 The above and foregoing is a true and complete 16 transcription of my stenotype notes taken in my capacity as 17 official reporter for the Commissioners Court of Kerr County, 18 Texas, at the time and place heretofore set forth. 19 DATED at Kerrville, Texas, this 26th day of September, 20 2014. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 9-22-14