1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Friday, November 14, 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 November 14, 2014 2 PAGE 3 1.1 Consider/discuss, take appropriate action to canvass the official election results for the 4 2014 November General Election per TEC §67 7 5 1.2 Consider/discuss, take appropriate action to approve Change Proposal #20 for the roof for 6 the catering kitchen at Hill Country Youth Event Center 14 7 1.3 Consider/discuss, take appropriate action on 8 contracting for Kerrville South Wastewater System, Phase 6 15, 9 50 1.4 Consider/discuss, take appropriate action on 10 reconciliation of the funding of Certificates of Obligations 17 11 1.5 Consider/discuss, take appropriate action on 12 Local Option Liquor petition for Precinct 2, to include number of signatures required, received 13 and qualified, list of signatures, and action to be taken on said petitions 25 14 1.6 Consider/discuss, take appropriate action 15 regarding Memorandum of Understanding for Information Technology Services between Kerr 16 County and AgriLife Extension 34 17 --- Adjourned 56 18 19 20 21 22 23 24 25 3 1 On Friday, November 14, 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: It looks to me like -- the Sheriff 8 isn't here to call it, but it appears that it's just past 9 9:01, 9:02 a.m. on Friday, November 14, 2014. The 10 Commissioners Court is in session at this time. And, 11 Jonathan, I believe you're up. 12 COMMISSIONER LETZ: Let us bow our heads and pray. 13 (Prayer and pledge of allegiance.) 14 JUDGE POLLARD: Well, I don't see anything about 15 the public on this one, but if there is anybody in the public 16 that -- they're welcome to address anything right now. If 17 not, we'll proceed, then. Any -- any comments or updates by 18 any of the Commissioners? He doesn't. Do you have anything? 19 COMMISSIONER MOSER: Yeah, I have something, just 20 real quick. The -- the economy in Precinct 2 is booming, 21 okay? There's a bright horizon. And what I mean by that is, 22 we've talked about James Avery last week, and hopefully that 23 will come along and will come to fruition. The airport's 24 about zero -- is revenue neutral this next year, I believe. 25 Fox Tank is going well, and Mooney has announced a new 11-14-14 4 1 product. Pass that around. And that new product is a new 2 airplane. It's a -- it's a two-seat airplane. It's an 3 all-composite aircraft. It's -- it's going to be something, 4 I think, that's going to really take off. At least they 5 think it's going to take off. And they not only have a model 6 of the thing; they did all of the wind tunnel test to 7 demonstrate that the air dynamics are what they want it to 8 be. They've built a prototype of the aircraft, and it's 9 ready to -- ready to proceed. So, in a development phase, 10 they're through with their concept development stuff. Now 11 they're getting into details of design. So, this is big. 12 This is a whole new manufacturing process for them. They've 13 been doing it for the last 50 years, same way. It -- excuse 14 me, my pocket's talking. 15 COMMISSIONER BALDWIN: You got to get that checked 16 on. 17 COMMISSIONER MOSER: The -- it's about 25 percent 18 lighter than an aluminum airplane. And the other thing is, 19 there's fewer -- fewer parts in it, and it's a more durable 20 design. So, Mooney is pushing the envelope on -- on the 21 industry, and coming back to where they -- with their old 22 products, and now they've got a new one. So -- 23 JUDGE POLLARD: This is a two-seater? 24 COMMISSIONER MOSER: This is a two-seater. It's 25 a -- two models; one's a trainer for military things, for 11-14-14 5 1 beginner training, and the other one is for -- retractable 2 gear for general aviation. 3 JUDGE POLLARD: Now, is this to be manufactured in 4 Kerrville? 5 COMMISSIONER MOSER: To be determined. They're -- 6 I think what they're going to do is, I think they're going to 7 manufacture it in Kerrville and in China, depending on what 8 the market is. So, they've got the facility in China 9 already, so -- 10 JUDGE POLLARD: Okay. 11 COMMISSIONER MOSER: But this is -- this has been 12 their designated manufacturing place. Long Beach is their 13 research and development and detail design engineering. 14 China's their newer market, and they've got a lot of people 15 over there, but this is their manufacturing facility. So -- 16 JUDGE POLLARD: Okay. The only thing I want to 17 mention is, we did have this Veterans Day celebration parade 18 and all, and it -- I thought with the weather being as cold 19 as it was, and wind blowing like it was, I thought it would 20 be poorly attended. I was wrong. There was quite a crowd, 21 and I was real surprised to learn that we had about 82 22 veterans -- World War II veterans that had been contacted and 23 agreed to show up, but only 60 did. I guess the weather kept 24 a lot of them away, 'cause those guys are pretty old now. 25 And it'd be terrible to go through and live through all of 11-14-14 6 1 the stuff they did, and then come up here and get pneumonia 2 and die, so I don't blame them for staying home. 3 But we had some -- it was really interesting. We 4 had a Pearl Harbor survivor that lives down in Center Point, 5 Roy Bennett. And Mr. Carriker was supposed to be the parade 6 marshal, but he didn't show up; he was one of the ones. He 7 had -- his 100th birthday was this past July, and so I don't 8 blame him for staying home in the cold weather. And we 9 talked about a lot of others. One of them was my neighbor, 10 Roy Loyless, who was a tail gunner on a B-17, and was shot 11 down over Germany, bombing Germany, and was a -- a P.O.W. -- 12 German P.O.W. for seven months. The day he was shot down, he 13 told me he weighed 157 pounds. Seven months later, he 14 weighed 110, and he thought maybe he might be able to live 15 for another month. Fortunately, it was over and he was able 16 to be released at that time. Anyway, it was a very 17 successful thing. I was really pleased, and the veterans 18 really seemed to be happy about it, and that's the most 19 important thing. Do you have anything, Jonathan? 20 COMMISSIONER LETZ: Just pretty much ditto that. 21 It was a -- the turnout was great. I think the veterans 22 truly -- they appreciated the respect they were shown, and 23 the bringing them -- you know, acknowledging what they've 24 done. And -- 25 JUDGE POLLARD: Maggie did a great job. 11-14-14 7 1 COMMISSIONER LETZ: Great job on that, and 2 coordinated, and it was, you know, done pretty much by Maggie 3 and volunteers organized the whole thing, and it went off -- 4 there were a few hitches along the way, but that's fine. The 5 parade was fun. It was pretty -- you know, I thought well 6 attended by the population, and a lot of entries, so it was 7 good. 8 COMMISSIONER REEVES: I agree on that, well 9 attended. I enjoyed everything Maggie put on, and it really 10 is a great honor to our veterans, and that's who it's all 11 about. 12 JUDGE POLLARD: That's right. Okay, we'll go to 13 Item 1.1 on the agenda; consider, discuss, and take 14 appropriate action to canvass the official election results 15 for the 2014 November General Election as per the Texas 16 Election Code, Section 67. I'm not too good on Spanish, so 17 I'll skip the rest of that in Spanish. Nadene? 18 MS. ALFORD: Yes, sir. These are the results from 19 the elections on Tuesday, November the 4th, and I need you to 20 read these into the record, the total for Republican party, 21 and then for each race. 22 JUDGE POLLARD: Okay. Looks like for the early -- 23 the early voting -- 24 MS. ALFORD: You can just do the total, Judge. 25 JUDGE POLLARD: Just do the totals? 11-14-14 8 1 MS. ALFORD: Yes, sir. 2 JUDGE POLLARD: All right. 3 COMMISSIONER LETZ: I think they want each 4 category, then the total for each item. Is that right, 5 Nadene? 6 MS. ALFORD: That is correct. 7 JUDGE POLLARD: All right. Republican -- for early 8 voting -- I guess it'll be straight party, vote for one. 9 Republican party, the total is 7,809, which was 86.82 percent 10 of the vote. The Democratic party total vote was 1,112, or 11 12.36 percent of the total vote. Libertarian party was 67, 12 or a total of .74 percent of the total vote. And the Green 13 party was 6 votes, and that was .07 percent of the total 14 vote. Total votes cast, 8,994. I guess that's -- then it 15 says other votes too. 16 MS. ALFORD: Those are over votes, people that 17 would have voted -- 18 JUDGE POLLARD: Oh, okay. All right. I'll just 19 leave that alone, then. For Proposition 1, the votes were, 20 "for," 10,444, or 80.75 percent of the vote. And "against" 21 were 2,490, which is 19.25 percent of the vote. Total votes 22 cast, 12,934. Other votes was just one, and under votes was 23 2,066, which was just 13.77 percent of the total vote. 24 On the United States Senator, vote for one, John 25 Cornyn got a total of 11,866 votes, or -- my macular 11-14-14 9 1 degeneration is bothering me in this light. Is that 80.23 2 percent? 3 MS. ALFORD: Yes, sir. You can just say the total 4 votes; you don't have to say the percentage. 5 JUDGE POLLARD: All right. The total votes were 6 14,790 votes. That's 98.60 percent. Other votes was zero, 7 and under votes were 210, or 1.40 percent of the total votes. 8 U.S. Representative, District 21, Lamar Smith got 9 11,886. Ryan Shields got 1,306, and Antonio Diaz got 620, 10 for total votes of 13,812. Other votes, zero. Under votes, 11 1,188, or 7.92 percent of the total vote. 12 COMMISSIONER LETZ: Judge, if you get tired of 13 reading, we can rotate around. 14 JUDGE POLLARD: Okay, go ahead. You take it for a 15 while. You take the second page. 16 COMMISSIONER LETZ: I'll take the second page. 17 Governor: Greg Abbott, 11,740 votes. Wendy Davis, 2,901. 18 Kathie Glass, 237. Brandon Parmer, 51. And Sarah Pavitt, 4, 19 for a total of 14,933 votes. Under -- over votes, 2; under 20 votes, 69. 21 For Lieutenant Governor: Dan Patrick, 11,437. 22 Leticia Van de Putte, 2,976. Robert D. Butler, 408. 23 Chandrakantha Courtney, 53. Total votes cast, 14,874. Over 24 votes, zero. Under votes, 126. 25 Attorney General: Ken Paxton, 11,673. Sam 11-14-14 10 1 Houston, 2,665. Jamie Balagia, 370. Jamar Osborne, 81. 2 Cast votes, 14,789. Over votes, zero. Under votes, 211. 3 Comptroller of Public Accounts: Glenn Hegar, 4 11,423. Mike Collier, 2,532. Ben Sanders, 536. Deb Shafto, 5 139. Cast votes, 14,630. Over votes, zero. Under votes, 6 370. 7 JUDGE POLLARD: Bob, would you like to take the 8 third page? 9 COMMISSIONER REEVES: Commissioner of General Land 10 Office: George P. Bush, 11,678. John Cook, 2,359. Justin 11 Knight, 556. Valerie Alessi, 172. Cast votes, 14,765. Over 12 votes, zero. Under votes, 235. 13 Commissioner of Agriculture: Sid Miller, 11,358. 14 Jim Hogan, 2,480. David Rocky Palmquist, 523. Kenneth 15 Kendrick, 235. Cast votes, 14,596. Over votes, zero. Under 16 votes, 404. 17 Railroad Commissioner: Ryan Sitton, 11,297. Steve 18 Brown 2,510. Mark A. Miller, 604. Martina Salinas, 196. 19 Cast votes, 14,607. Over votes, zero. Under votes, 393. 20 Chief Justice, Supreme Court: Nathan Hecht, 21 11,629. William Moody, 2,460. Tom Oxford, 519. Cast votes, 22 14,608. Over votes, one. Under votes, 391. Commissioner 23 Baldwin? 24 COMMISSIONER BALDWIN: Okay. Justice, Supreme 25 Court, Place 6: Jeff Brown, 11,583. Lawrence Edward Myers, 11-14-14 11 1 2,365. Mark Ash, 599. Cast votes, 14,547. Over votes, 2. 2 Under votes, 451. 3 Justice, Supreme Court, Place 7: Jeff Boyd, 4 11,376. Gina Benavides, 2,544. Don Fulton, 508. Charles E. 5 Waterbury, 115. Cast votes, 14,543. Zero over votes, and 6 under votes were 457. 7 Justice, Supreme Court, Place 8: Phil Johnson, 8 11,872. R.S. Roberto Koelsch, 906. Jim Chisolm, 735. Total 9 votes, 13,513. Over votes, one. Under votes, 1,486. 10 Court of Criminal Appeals, Place 3: Bert 11 Richardson, 11,529. John Granberg, 2,359. Mark W. Bennett, 12 627. Cast votes, 14,515. Three over, and 482 under votes. 13 JUDGE POLLARD: Go ahead. 14 COMMISSIONER MOSER: Okay. Judge, Court of 15 Criminal Appeals, Place 4: Kevin Patrick Yeary, 11,638. 16 Quanah Parker, 1,234. Judith Sanders-Castro, 693. Cast 17 votes, 13,565. Over votes, 3. Under votes, 1,432. 18 Judge, Court of Criminal Appeals, Place 9: David 19 Newell, 11,772. William Bryan Strange, III, 1,026. George 20 Joseph Altgelt, 680. Cast votes, 13,478. Over votes, two. 21 Under votes, 1,520. 22 State Representative, District 53: Andrew S. Murr, 23 12,239. Maximilian Martin, 1,314. Cast votes, 13,553. Over 24 votes, two Under votes, 1,445. 25 Chief Justice, 4th Court of Appeals District: 11-14-14 12 1 Doesn't have a district number. Sandra -- Sandee Bryan 2 Marion, 11,925. Irene Rios, 2,533. Cast votes, 14,458. 3 Over votes, two. Under votes, 540. 4 District Judge, 198th Judicial District: Rex 5 Emerson, unopposed. 12,428. Votes cast, 12,428. Over 6 votes, zero. Under votes, 2,572. 7 JUDGE POLLARD: Last page. County Commissioner, 8 Precinct Number 4: Bob Reeves, 1,000 and -- no, 3,094 votes. 9 James Sheffield, 786 votes. Total votes, 3,880. 10 Board of Trustee District 7, Comfort. Ray Avery, 11 137 votes. His opponent, Ron Haffner, 130 votes. Total 12 votes, 267. 13 This is in the form submitted to us by -- by the 14 Tax Assessor -- or, really, the lady in charge of it, of the 15 voting situation. And I'm going to sign this today and 16 attach it to this -- all of this. This entire register will 17 become a part of the record, and it's got a lot more detail 18 in it. All right. Anything else, or any comments on it by 19 anyone? 20 COMMISSIONER LETZ: Do we take -- 21 MS. ALFORD: I need a vote on it. 22 COMMISSIONER LETZ: Regular vote on it? I make a 23 motion to approve the election -- what's it called? The 24 canvassing as we just did. 25 COMMISSIONER MOSER: Second. 11-14-14 13 1 JUDGE POLLARD: Okay. All right. It's been moved 2 and seconded. Any further discussion? There being none, 3 those in favor, signify by raising your right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0, unanimous. This is the 6 14th? 7 MS. ALFORD: Thank you. 8 COMMISSIONER MOSER: Good job, Nadene. 9 JUDGE POLLARD: Thank you, Nadene. And it is now 10 signed and part of the record. 11 COMMISSIONER BALDWIN: Boy, Rex blew them out of 12 the water, didn't he? 13 JUDGE POLLARD: Andy Murr did, too. 14 COMMISSIONER BALDWIN: Yeah. 15 JUDGE POLLARD: Boy. 16 COMMISSIONER LETZ: It's interesting if you look at 17 the races; I mean, who people vote for and don't vote for. 18 COMMISSIONER BALDWIN: Yeah. 19 COMMISSIONER LETZ: It's -- Greg Abbott got a lot, 20 but Paxton and some of the other statewide offices didn't get 21 as much. I mean, it's in the mind-set of people, I guess, 22 when they're voting. It's interesting to look at what 23 they're -- why they vote on this, and why they don't vote on 24 that. 25 COMMISSIONER BALDWIN: Yeah. The Paxton guy had 11-14-14 14 1 some issues that people debated throughout the thing, and it 2 was really interesting to see that stuff work. 3 COMMISSIONER REEVES: I find it interesting that we 4 also had Sam Houston and Quanah Parker running. 5 COMMISSIONER MOSER: Yeah, right. When I read 6 that, I thought, "Whoa." 7 JUDGE POLLARD: I was surprised to hear Quanah was 8 still alive. 9 COMMISSIONER BALDWIN: What about Spicybrown 10 Sanchez? 11 COMMISSIONER MOSER: Quanah Parker will never die. 12 JUDGE POLLARD: Yeah. All right, let's go to Item 13 1.2; consider, discuss, and take appropriate action to 14 approve Change Proposal Number 20 for the roof for the 15 catering kitchen at Hill Country Youth Event Center. 16 Commissioners Letz and Reeves. 17 COMMISSIONER REEVES: Go ahead, Jon. 18 COMMISSIONER LETZ: You have it. 19 COMMISSIONER REEVES: You go ahead. Oh, 'cause I 20 have it? All right. I didn't understand that. This is for 21 change order -- Change Proposal Number 20, concession 22 building which will connect the event hall, the indoor arena, 23 and the new show barn, the roof and supporting construction, 24 $57,694. Move for approval. 25 COMMISSIONER LETZ: Second. 11-14-14 15 1 JUDGE POLLARD: Been moved and seconded. Any 2 discussion? 3 COMMISSIONER LETZ: I mean, I -- this is one where 4 I've talked to Charlie about it. It's important that we -- 5 in our mind, at least, I think the three of us, that Huser do 6 this work. It's costing a little bit more from the 7 standpoint they have all their roll-ups that go into it as 8 part of the contract, but it's important from a warranty 9 standpoint, and pointing fingers down the road standpoint to 10 make sure they do it, because they're tying into an existing 11 roof and making some changes on that and all the details that 12 go with it. So, while in my mind it's a little bit on the 13 high side, it's largely because of the bonding and all the 14 overhead that goes along with it. 15 COMMISSIONER REEVES: The bonding, the insurance, 16 and then -- but I'm like Commissioner Letz; it's best to have 17 the same contractor do both of them than wait and have it 18 come back later. 19 JUDGE POLLARD: All right. Let's go to 1.3 -- 20 COMMISSIONER MOSER: We got to vote. 21 JUDGE POLLARD: Oh. Those in favor, signify by 22 raising your right hand. 23 (The motion carried by unanimous vote, 4-0.) 24 JUDGE POLLARD: 4-0, unanimous. 1.3; consider, 25 discuss, and take appropriate action on contracting with 11-14-14 16 1 Kerrville South wastewater system, Phase 6. 2 COMMISSIONER MOSER: Do you want to do this one? 3 COMMISSIONER BALDWIN: You go ahead. 4 COMMISSIONER MOSER: Okay. Thank you, Judge. This 5 is Phase 6, the last phase of the wastewater system in 6 Kerrville South. The County has been approved for $500,000 7 for this project, and this agenda item is to let us move 8 forward with releasing the acquisition for the administration 9 and engineering, so that we can fast-track this thing so we 10 can get the Phase 3 -- three-phase power, I should say, for 11 the lift station as an early thing which we're obligated to 12 do by the end of 2015. So, the motion is -- is to approve 13 and have the Judge sign the appropriate documentation for us 14 to proceed with Phase 6, acquisition of services. That's my 15 motion. 16 COMMISSIONER BALDWIN: Commissioner, are we 17 supposed to select a company for the administrative services? 18 COMMISSIONER MOSER: Yes. 19 COMMISSIONER BALDWIN: And a company for -- 20 COMMISSIONER MOSER: Engineering, right. 21 COMMISSIONER BALDWIN: -- engineering? 22 COMMISSIONER MOSER: Right. 23 COMMISSIONER BALDWIN: Right now? 24 COMMISSIONER MOSER: Right. 25 COMMISSIONER BALDWIN: I'm asking the question. 11-14-14 17 1 COMMISSIONER MOSER: Not right now. 2 MR. HASTINGS: This releases the request for 3 qualifications so that we now can receive -- 4 COMMISSIONER BALDWIN: I see, of course, they're 5 all listed and already here, but okay. 6 COMMISSIONER MOSER: Yeah. It's just for us to 7 proceed. To acknowledge and accept the -- 8 COMMISSIONER BALDWIN: I second the motion. 9 COMMISSIONER MOSER: Okay. 10 JUDGE POLLARD: Any further discussion? There 11 being none, those in favor, signify by raising your right 12 hand. 13 (The motion carried by unanimous vote, 4-0.) 14 JUDGE POLLARD: It's 4-0, unanimous. All right, 15 1.4; consider, discuss, and take appropriate action on 16 reconciliation of the funding of the certificates of 17 obligation. Mr. Moser? 18 COMMISSIONER MOSER: Yeah. This is Ms. Hargis', 19 actually. Should be. And it was to reconcile the funding 20 for the certificate of obligation. I have here a piece of 21 paper which reconciles for the Exhibit Center. 22 COMMISSIONER LETZ: And this has probably -- we 23 met -- we spent -- or I spent -- Bob and I spent some time 24 with Charlie and the Auditor trying to go over and figure 25 out, because on the show barn -- or on the construction 11-14-14 18 1 project out there right now, there's been a Huser contract 2 which we are all aware of with change orders. There's also 3 been a lot of expenditures that the County was responsible 4 for, and Charlie's been keeping track of that, and they both 5 got together and came up with that. And we kind of put in a 6 form for this, and I didn't think -- I forgot that. I forgot 7 what the actual question was. 8 COMMISSIONER MOSER: Okay. 9 COMMISSIONER LETZ: But to answer your question, I 10 can go into it. The -- the -- this accounts for this -- the 11 2.4 million -- 12 COMMISSIONER MOSER: Right. 13 COMMISSIONER LETZ: -- piece of it. There was 14 1 million allocated for the radio system for the Sheriff's 15 Department, and that's about 113,000 we spent of that so far. 16 The parks is 100,000, and the little bit that was spent -- 17 what was it, 10,000? Whatever was allocated for Flat Rock. 18 15,000? 19 COMMISSIONER MOSER: Yeah. 20 COMMISSIONER LETZ: Not Flat Rock, Lions Park. The 21 100,000 fire station has been moved into this amount, and 22 that's it. 23 COMMISSIONER MOSER: Okay. Okay. 24 COMMISSIONER LETZ: That is -- I mean, those -- 25 COMMISSIONER MOSER: That was the total of the 11-14-14 19 1 Certificate of Obligation. 2 COMMISSIONER LETZ: Right. 3 COMMISSIONER REEVES: There's 200,000 -- 4 COMMISSIONER LETZ: Oh, right, 200,000 for the 5 Environmental Health Department for the new building. 6 COMMISSIONER MOSER: Well, just -- just for the 7 record, Jeannie, I'd like to just get you to do that, okay? 8 COMMISSIONER LETZ: I think she had it. It's just 9 when we were going through on this part of it, the other 10 thing on the -- and going through this list, so we're clear 11 on it, the -- the good news was, the Auditor and Charlie 12 agreed on the number that we were spending out there, which 13 is a positive. 14 COMMISSIONER MOSER: It's a positive. 15 COMMISSIONER LETZ: The -- and just to go through 16 it real quick, the previous -- previous C.O. issues of 17 unallocated funds, that includes some that were for the fire 18 station, then some other leftover parts. Some of that has 19 probably been allocated for this project, but I will make a 20 motion later formally to make sure, from the Auditor's 21 standpoint, that that money is all allocated for the project. 22 That does not touch any of the I.T. money; that's not 23 unallocated. And it does not cover -- touch the Sheriff's 24 Department, his -- 25 JUDGE POLLARD: Radio. 11-14-14 20 1 COMMISSIONER LETZ: Well, it's not the radios, just 2 the cars that he has in his budget for the future. And it 3 does not touch the courthouse renovations. 4 COMMISSIONER MOSER: And doesn't touch the parks. 5 COMMISSIONER LETZ: But there wasn't any money in 6 the parks from the previous ones. These are in the previous 7 unallocated -- 8 COMMISSIONER MOSER: Previous, okay. 9 COMMISSIONER LETZ: And these are -- there's some 10 from Road and Bridge, a little bit from the Ag Barn, and 11 there's a little different categories. The money was never 12 spent. From a -- it's important that we allocate that money 13 and use it, because we're approaching arbitrage from having 14 that money too long. We can keep it only five years without 15 spending it. So, we spent it on the purpose that we said, 16 and this -- so I will make a motion that any of the 17 previously unallocated funds that were not -- that we had 18 not -- well, previously unallocated funds, as a cleanup, get 19 reallocated for the Hill Country Youth Event Center. 20 COMMISSIONER MOSER: Well, what I want to see 21 was -- I forgot what the other C.O. was, for three point 22 something, okay. And there was going to be 2.4 out of that 23 for -- 24 COMMISSIONER LETZ: This -- 25 COMMISSIONER MOSER: -- the Ag Barn. 11-14-14 21 1 COMMISSIONER LETZ: Right. 2 COMMISSIONER MOSER: Okay. And then a bunch of 3 other things. 4 COMMISSIONER LETZ: Right. 5 COMMISSIONER MOSER: So, Jeannie, what I wanted to 6 see was that original C.O., and a reconciliation where it is 7 today, okay? Just, "Here's what it was initially, and here's 8 what it is today." 9 COMMISSIONER LETZ: Right. 10 COMMISSIONER MOSER: Okay? So, that's what I'd 11 like to see. I'm not sure I understand the motion. 12 COMMISSIONER LETZ: Well, there were some -- there 13 were funds -- there was, like, one that I remember, the 14 34,000 was left for the Kerrville South fire station from the 15 2012 -- or 2010 -- 2010 debt that we did for the site work 16 and drainage work. We didn't spend that much, so that money 17 was left -- just left in that account. 18 COMMISSIONER MOSER: Okay. 19 COMMISSIONER LETZ: Then there was some other funds 20 in other accounts that were not spent. Road and Bridge may 21 have had some; I don't know where they were, the specifics of 22 it. Jeannie can -- has, I think, the details of where these 23 unallocated funds were, but we did not touch I.T. or Sheriff; 24 those funds are still going to be spent on those projects. 25 We didn't touch the courthouse renovations, because we have 11-14-14 22 1 authorized, even though it hasn't been done yet, the 2 carpeting upstairs. 3 COMMISSIONER MOSER: So, what you're saying is, 4 gather up all of the unallocated funds from previous years. 5 COMMISSIONER LETZ: Yeah. 6 COMMISSIONER MOSER: And -- and do what? 7 COMMISSIONER LETZ: Put them into the Hill Country 8 Youth Event Center. 9 COMMISSIONER REEVES: I'll second that. 10 COMMISSIONER LETZ: That was a motion. And that's 11 160 -- 12 COMMISSIONER MOSER: That's not what this agenda 13 item was. 14 COMMISSIONER BALDWIN: I don't know. 15 COMMISSIONER MOSER: This agenda item was a 16 reconciliation. 17 COMMISSIONER BALDWIN: I don't know that you can do 18 that, Jon. 19 COMMISSIONER LETZ: This agenda item -- I think 20 you're right. I didn't think of that part. 21 COMMISSIONER BALDWIN: Let's do it a cleaner way, 22 more like this. 23 COMMISSIONER LETZ: Okay. 24 COMMISSIONER BALDWIN: And bring it back and do it 25 in a -- do it in a real clean way, where we can have a 11-14-14 23 1 document -- 2 COMMISSIONER LETZ: Showing which funds? Okay. 3 That's fine. 4 COMMISSIONER MOSER: Yeah, absolutely. Okay. 5 JUDGE POLLARD: All right. There was a motion 6 made. 7 COMMISSIONER LETZ: I withdraw my motion. 8 COMMISSIONER REEVES: I'll withdraw. 9 JUDGE POLLARD: Okay. Both parties agree to 10 withdraw. 11 COMMISSIONER LETZ: We can put it on Monday's -- 12 and also Jeannie to get that -- is the -- 13 JUDGE POLLARD: Is that too soon, Jeannie? 14 MS. HARGIS: No. 15 COMMISSIONER LETZ: It's -- they have it all. 16 They've done it all. We just -- we're trying to -- we got 17 off yesterday on trying to look at this, and we got off on a 18 tangent on the Ag Barn, and didn't clearly address it. But 19 the -- 20 COMMISSIONER BALDWIN: Are you standing up? 21 SHERIFF HIERHOLZER: I'm standing up. Want me to 22 get on a chair? 23 JUDGE POLLARD: Do you wish to add something? 24 SHERIFF HIERHOLZER: Yeah. Because, Jonathan, 25 I'm -- best of my recollection, what we did with Motorola is 11-14-14 24 1 1.1 million is on the radio system, not one million. 2 MS. HARGIS: That's what's left. That's what's 3 left. 4 SHERIFF HIERHOLZER: What's left over what was 5 allocated is what he's talking about. 6 MS. HARGIS: No, it's what's left is what we're 7 talking about. 8 COMMISSIONER LETZ: 890,000 -- 93,000 -- 9 MS. HARGIS: One million, one was allocated. You 10 spent 213 -- 11 COMMISSIONER LETZ: All right. 12 MS. HARGIS: -- already. And then that's what's 13 left. 14 SHERIFF HIERHOLZER: Okay. 15 COMMISSIONER LETZ: I may have misstated that 16 number. 17 SHERIFF HIERHOLZER: All right. And then on the -- 18 once you get to reallocating all the old stuff, the only 19 thing that I really need to bring up is we're going to have 20 new radio tower contracts that are not figured in any of this 21 stuff, on the actual cost of those. So I hate to see all 22 this money all go to the Ag Barn if we know we got some other 23 expenditures. 24 COMMISSIONER LETZ: We talked to the Auditor about 25 that yesterday, and those are leases, and they can't be spent 11-14-14 25 1 out of capital funds. 2 MS. HARGIS: Can't be spent with capital money. 3 COMMISSIONER LETZ: We'll have to figure out either 4 a budget amendment or something from -- but leases -- 5 COMMISSIONER MOSER: Sounds like a good subject for 6 an agenda item on a future court. 7 SHERIFF HIERHOLZER: Yeah. I think you need -- 8 before it just all gets out of control, there are some things 9 that need to be looked at in that. 10 COMMISSIONER MOSER: Right. 11 SHERIFF HIERHOLZER: There will be some associated 12 costs with that radio system, whether it be the tower 13 leases -- and I agree, that probably can't be spent out of 14 the funds, but there are other items in there too. There's 15 going to be some equipment and some stuff that they have to 16 do as part of that contract that aren't going to be covered 17 under this 1.1 that we really need to look at trying to get 18 brought up before all that other money is just allocated 19 towards the Ag Barn. 20 COMMISSIONER LETZ: Okay. 21 COMMISSIONER MOSER: Okay. 22 JUDGE POLLARD: All right. Let's -- let's move on 23 to 1.5; consider, discuss, and take appropriate action on the 24 Local Option Liquor petition for Precinct 2, to include 25 number of signatures required, received, and qualified, list 11-14-14 26 1 of signatures, and the form of copies of the original 2 petitions, and action to be taken on said petitions pursuant 3 to Section 501.013 of the Texas Election Code. Yes, ma'am? 4 MS. ALFORD: There was 1,481 needed signatures to 5 get this brought to the Court to have an election for 6 Precinct 2. They got 573 good signatures out of Precinct 2; 7 they collected 766 signatures. So, they are very short this 8 time around. 9 COMMISSIONER MOSER: Let me -- I don't have 10 anything else on that, but I want to comment on the whole 11 process. 12 JUDGE POLLARD: Okay. 13 COMMISSIONER MOSER: This is probably about the 14 fourth time this has been attempted, to enable Precinct 2 to 15 sell alcoholic beverages. It's -- I guess the best I can 16 tell from the history, it's kind of a quirk in the system, 17 that when it was voted for specific precincts throughout the 18 county some number of years ago, Precinct 2 was just left off 19 for some reason; I don't know why. Maybe Buster knows why. 20 COMMISSIONER BALDWIN: No, sir. 21 COMMISSIONER MOSER: It was about in 18 -- I think 22 it was about 1800-something, so I know you were still a 23 youngster then. But -- but anyway, the -- so there's been an 24 attempt four times, I believe, to do it. And I think you can 25 break it down into three or four categories. Number one, 11-14-14 27 1 there's a group of people that would like to do that. 2 They're in business, like Toucan Jim's, like Camp Verde Store 3 would love to be able to sell wine, okay, for their 4 customers, and some -- Mini Mart and some other places. 5 There's another large group of people in Precinct 2 that do 6 not care, okay? That live in the city, like Riverhill and 7 Comanche Trace; they just don't care. 'Cause they're not 8 against it; they just don't have any reason to go out of 9 their way to sign the petition. And then there's a very 10 small -- and I've only heard a couple of people that were 11 against it, period. Okay, so there's going to be a few of 12 those. So I think we'll make another run at this in the 13 future. 14 COMMISSIONER BALDWIN: God. 15 COMMISSIONER MOSER: But it's -- what it's going to 16 take for this large group that don't care, it's going to take 17 somebody going to their door, okay, and saying, "Here's what 18 it is. Would you please consider signing the petition?" 19 Because to go out of their way to sign it, they're just not 20 going to -- not going to do it. So, there's a lot of people 21 that spent a lot of effort, but it's just not in an organized 22 campaign way. So -- 23 COMMISSIONER LETZ: Commissioner, question. Is 24 the -- you mentioned Riverhill and Comanche Trace. Because 25 they're in the city limits, are they not -- I mean, can they 11-14-14 28 1 -- I guess the -- they never had to vote, because I guess the 2 city charter allows you to have liquor, so therefore they can 3 automatically, regardless of the precinct vote? 4 COMMISSIONER MOSER: Right. Correct. 5 COMMISSIONER LETZ: So the city rules override the 6 fact it was never voted -- 7 COMMISSIONER MOSER: I guess -- maybe not 8 "override." It's enabling. So, therefore, if it's enabled 9 by law, then it's enabled. I'm not a lawyer, but -- 10 MS. STEBBINS: I don't think I understand what you 11 just asked. 12 COMMISSIONER LETZ: Well, if it's in the city 13 limits, -- 14 JUDGE POLLARD: You're not asking -- 15 COMMISSIONER LETZ: -- even though Precinct 2 can't 16 have liquor and wine, because a portion of Precinct 2 is in 17 the city limits, that portion can have liquor and wine 18 because they're in the city, and that -- and the city rules 19 allows them to do it. Even though if they were in the -- you 20 know -- 21 COMMISSIONER REEVES: I think from what I've read, 22 that is correct. Because -- 23 MS. STEBBINS: I haven't read anything, so I don't 24 know the answer. 25 COMMISSIONER LETZ: And it's more just a -- it 11-14-14 29 1 seems odd that that's the law, but lots of laws are odd. 2 So -- 3 COMMISSIONER MOSER: Yeah, that's true. I looked 4 at it. I'm like Bob Reeves; if it's enabled by some 5 jurisdiction that says, "Yeah, you can do it," then they can 6 do it. If it's -- 7 MS. STEBBINS: I don't know, either. 8 JUDGE POLLARD: It would seem to me that the 9 counties -- 10 MS. STEBBINS: Are there places -- are there places 11 in that precinct? 12 MS. ALFORD: Yes. Comanche Trace, that's in the 13 city limits of Kerrville. They can serve liquor, but Center 14 Point cannot. 15 COMMISSIONER MOSER: And Mini Mart in that area 16 can -- 17 COMMISSIONER LETZ: It's not a private -- they're 18 not like the private -- some of the private clubs that you 19 have to be a member of. They're not -- 20 COMMISSIONER MOSER: I guess -- 21 COMMISSIONER LETZ: They don't have that. 22 COMMISSIONER MOSER: -- that's another gray area. 23 Some are private clubs, but they still -- 24 JUDGE POLLARD: We need to give the County Attorney 25 some time to brief this. 11-14-14 30 1 MS. STEBBINS: Okay. 2 JUDGE POLLARD: And she's going to be otherwise 3 occupied for a while. 4 COMMISSIONER LETZ: Yeah. 5 COMMISSIONER MOSER: While you're laying around. 6 MS. STEBBINS: Yeah, that's what I'll be doing. 7 COMMISSIONER BALDWIN: You know, four times -- four 8 times may say that the public doesn't want it. 9 COMMISSIONER MOSER: Well, I don't think -- 10 COMMISSIONER BALDWIN: At what point do you say, 11 "God, we've been wrong this whole time"? 12 COMMISSIONER MOSER: Well, anything to preclude 13 anybody from doing it. Anybody can say, "I want to get a 14 petition and go to the County -- I mean, Tax Assessor/ 15 Collector and say, "We're going to go do it." They can do it 16 a hundred times, you know. 17 COMMISSIONER BALDWIN: Well, of course -- 18 MS. ALFORD: They have to petition the Court. 19 COMMISSIONER MOSER: Right, petition the Court to 20 do it. And, again, I don't think it's -- that they're 21 against it. They just don't care, you know. So, therefore, 22 it's not -- it's not something that they want to see happen, 23 but they don't mind. It's just, you know, they're not going 24 to go out of their way to say, "Yeah, I don't mind if it's on 25 the ballot." 11-14-14 31 1 COMMISSIONER BALDWIN: You got to be careful with 2 your mind-reading like that. I remember there was a 3 commissioner -- and I'm not fussing or anything; I'm just 4 telling you. 5 COMMISSIONER MOSER: Yeah. 6 COMMISSIONER BALDWIN: There was a commissioner 7 here one time that sat in your seat that says, "There is 8 plenty of money out there; we just have to figure out a way 9 to get it out of their pockets." And, you know, he was 10 sincere, and was probably correct, but that's just not 11 something you say. And -- 12 COMMISSIONER MOSER: I'm not sure I connect those 13 dots that you just -- 14 COMMISSIONER BALDWIN: Well, it's just things that 15 you say. You know, you can see it -- you can see in the 16 future. They've got that money, so let's go get it. You 17 know, that kind of thing. Or these people that are not 18 voting, they didn't vote because their air conditioner's 19 broke or something. You know, you can't look into the 20 future. And I just think if it were me, and I was defeated 21 four times, I would get the picture. 22 COMMISSIONER MOSER: Okay. 23 COMMISSIONER BALDWIN: Is my point. 24 COMMISSIONER LETZ: I guess just a comment for the 25 -- more for the County Attorney, that when you're researching 11-14-14 32 1 this interesting law, -- (Laughter.) 2 JUDGE POLLARD: There's a conclusion. 3 COMMISSIONER LETZ: -- I've never wrapped my brain 4 around the fact that the precinct that didn't vote for it has 5 no -- no real relation to the current precinct boundary. 6 COMMISSIONER BALDWIN: That's true. 7 COMMISSIONER MOSER: Yeah, that's interesting. 8 COMMISSIONER BALDWIN: That is interesting. 9 COMMISSIONER LETZ: And, I mean, this was Precinct 10 2, but Precinct 2 changes every time we redistrict. So -- 11 COMMISSIONER BALDWIN: That is true. 12 COMMISSIONER LETZ: You know, if you were -- what 13 happens if they're in Precinct 3 and can sell liquor, and 14 then we change the boundary and put it in Precinct 2? 15 COMMISSIONER MOSER: Good question. 16 COMMISSIONER LETZ: Or vice-versa. So, I've never 17 had an answer. I've always -- it's always bothered me. 18 COMMISSIONER MOSER: That's good question. 19 COMMISSIONER REEVES: I think I looked at it a 20 little bit. Not practicing law, counselor. 21 MS. STEBBINS: Don't do that. 22 COMMISSIONER REEVES: No. 'Cause I had some of the 23 same questions; I looked at it. And I think once it's 24 established, it's there. 25 COMMISSIONER LETZ: You can't -- 11-14-14 33 1 COMMISSIONER MOSER: By some boundary. 2 COMMISSIONER LETZ: Even so, just because it was in 3 the boundary, if it had it, you can't -- 4 COMMISSIONER REEVES: That's the way I understand 5 it in my layman's terms. 6 COMMISSIONER MOSER: But -- but the required 7 ballots -- or required votes is based on the current precinct 8 and the current gubernatorial -- the people who voted for the 9 governor in this last election, so that's another reason that 10 that number is decreased relative to what it was before in 11 the presidential election. So, therefore, it won't be 1,481; 12 it will be something less than that. So, okay, enough of 13 that subject. Thank you. 14 JUDGE POLLARD: Okay. 15 MS. ALFORD: I need a vote on that. 16 COMMISSIONER LETZ: We do? What's the vote on? 17 MS. STEBBINS: To accept the petitions, and that 18 it -- 19 JUDGE POLLARD: That it failed. 20 MS. STEBBINS: -- failed. 21 MS. ALFORD: Failed, yes, sir. 22 JUDGE POLLARD: Because of the vote count. All 23 right. Is there a motion to that effect? 24 COMMISSIONER MOSER: I make a motion that we accept 25 the results of the petition -- 11-14-14 34 1 MS. ALFORD: The petitions. 2 COMMISSIONER MOSER: Okay. 3 JUDGE POLLARD: And the fact that it did not 4 receive the required 1,481 votes -- 5 MS. ALFORD: Signatures. 6 COMMISSIONER MOSER: -- based on 473 authorized 7 signatures. And, therefore, I make that motion, that we say 8 that the petition failed. 9 MS. ALFORD: It was 573 signatures. 10 JUDGE POLLARD: 573. 11 COMMISSIONER MOSER: What did I say, 573? 12 COMMISSIONER BALDWIN: You said 473. 13 COMMISSIONER MOSER: I said 573. That's the 14 motion. 15 COMMISSIONER REEVES: Second. 16 JUDGE POLLARD: There's a motion. 17 COMMISSIONER REEVES: I second. 18 JUDGE POLLARD: All right. Is there further 19 discussion? There being none, those in favor, signify by 20 raising your right hand. 21 (The motion carried by unanimous vote, 4-0.) 22 JUDGE POLLARD: It's 4-0, unanimous. 1.5; discuss, 23 take appropriate action -- no, that was it. All right. 1.6; 24 consider, discuss, and take appropriate action regarding 25 Memorandum of Understanding for Information Technology 11-14-14 35 1 services between Kerr County and AgriLife Extension. 2 Mr. Walston. 3 MR. WALSTON: Good morning, gentlemen. 4 JUDGE POLLARD: Is this something we can discuss in 5 open session here? 6 MR. WALSTON: I think so. 7 JUDGE POLLARD: Or do we need to reserve it all to 8 closed session? 9 MR. WALSTON: I think we can. I don't know -- 10 JUDGE POLLARD: Okay, let's go. 11 MR. WALSTON: What -- I think we got some good 12 news. John -- 13 COMMISSIONER REEVES: Just a minute. Do you have 14 an opinion? 15 MS. STEBBINS: No, I think that we can have this 16 discussion in open session. And I'm just confirming how we 17 get to executive session, if need be. 18 COMMISSIONER REEVES: Thank you. 19 MR. WALSTON: John came to see us yesterday and we 20 visited about it, and we sat down and looked over it. And I 21 think we've got all his questions answered. And the only -- 22 you know, the only question and change in -- we would 23 basically go back to the way it originally was. We had 24 talked about having my signature on it rather than asking the 25 Judge to sign it, and so that's the way the original M.O.U. 11-14-14 36 1 had been for a long time. But when we started this, John had 2 asked me to include the Judge or himself or somebody, and so 3 I -- that's where we put -- that's when we put the Judge on 4 there. He's, you know, said that, you know, he'd like to 5 have me on there. So, that's the only change from the 6 original M.O.U. that we have now. And I've asked Jim Segers, 7 our Extension I.T. specialist, to make that change and get it 8 to us. And so this -- this M.O.U., as he and I discussed, it 9 does not ask him to do anything he's not already doing. You 10 know, and it doesn't require him to do anything. He's not 11 required, hasn't been required to do it, so it's pretty 12 simple. So, I'll leave to it John and let him answer any 13 questions you have. 14 COMMISSIONER LETZ: Question. So the Judge doesn't 15 sign it at all? 16 MR. WALSTON: No. That's -- 17 COMMISSIONER LETZ: I've got a problem with that. 18 MR. WALSTON: It's left up to y'all, however you 19 want to -- 20 COMMISSIONER LETZ: You can sign it maybe from the 21 A & M part of it, but from the county standpoint, only the 22 Judge can -- and even though it's a memorandum of 23 understanding, I still think the County Judge needs to sign. 24 MR. WALSTON: Yeah, and I -- I kind of agree with 25 it. 11-14-14 37 1 COMMISSIONER LETZ: Okay. 2 MS. STEBBINS: I also agree with that, for what 3 that's worth. 4 MR. WALSTON: Yeah. 5 JUDGE POLLARD: I have a question. Does this 6 somehow connect us -- our criminal justice portion of the 7 I.T., does it make it accessible to A & M? 8 MR. WALSTON: I'll let John answer that. 9 JUDGE POLLARD: I'm talking about the security part 10 of it. 11 MR. TROLINGER: Well, the security part's an 12 important question, Judge. And, for example, Kerr County 13 I.T. has a memorandum of understanding with the Sheriff's 14 Office for D.P.S. and F.B.I. and Interpol for access to 15 criminal records. Well, that M.O.U., even though it seems -- 16 I'm going off on a tangent a little bit; I apologize. And 17 the County Attorney asked me to -- well, she suggested, but 18 if she says anything, "John, you should do this," I'm going 19 to -- I'm all in. Whatever the County Attorney advises me to 20 do, I'm -- 21 MS. STEBBINS: That's a lot. 22 MR. TROLINGER: I'm going to go into this and 23 explain it in a little bit of detail, because I felt that I 24 should do that. And I wanted to save some time, but in any 25 case, the Sheriff's Office and the I.T. Department have an 11-14-14 38 1 M.O.U. that says we will follow these standards and these 2 rules. Well, that sets nearly my entire network and computer 3 security policies for the entire county because of that. I 4 have to have these standards in place that I apply to every 5 computer, because if I do it to one set of computers, it's 6 just easier to do it to the rest. So, to answer your 7 question, yes, it is part of that -- it's a segment of that 8 network. It's isolated, but we have network equipment. We 9 have requirements and we have policies that set the 10 protection levels, that set the bar high to protect the 11 computer network. So, the memorandum of understanding with 12 the AgriLife Extension, who's a state agency, you know, 13 they're spelling out Administrative Code that only applies to 14 state agencies, for example, and now this M.O.U.'s going to 15 obligate us to do that, to meet those requirements. And 16 maybe I could do it just for that one office, but really, 17 it's going to -- the County Judge is signing this document, 18 and it's going to end up, I think, applying county-wide to 19 the I.T. And it's -- it's a lot to do. There's a lot to do. 20 COMMISSIONER MOSER: Let me ask, why -- why -- 21 why -- Roy, why can't you have two systems? One, you're 22 accessing the state stuff, and the other one you're accessing 23 the county stuff. Why do they have to be linked? 24 MR. TROLINGER: Well, for example, our financial 25 system to issue purchase orders. The Auditor has -- and the 11-14-14 39 1 Commissioners Court has agreed that each office will generate 2 a purchase order electronically using the financial system. 3 The time entry system for the Human Resources for reporting 4 time entry. There's another system -- 5 COMMISSIONER MOSER: Got that. That's all within 6 the county -- 7 MR. TROLINGER: And that connects directly to the 8 courthouse, yes, sir. 9 COMMISSIONER MOSER: When Roy takes off his, quote, 10 quasi-county hat and, you know, puts on his state hat, why 11 can't he just -- why can't you have a separate system that 12 ties in -- 13 MR. WALSTON: We're operating them all on the same 14 computer. 15 COMMISSIONER MOSER: Well, don't use the same 16 computers. 17 MR. WALSTON: Then -- well, that would mean we'd 18 have to have two sets of computers. 19 COMMISSIONER MOSER: It'll cost you $600 for 20 another computer. 21 JUDGE POLLARD: There are times when they need to 22 interface the two. 23 MR. WALSTON: Yeah. 24 COMMISSIONER MOSER: That's the problem. 25 JUDGE POLLARD: That's the problem. 11-14-14 40 1 COMMISSIONER MOSER: Why do you have to interface 2 them? 3 MR. WALSTON: Well, to have meetings when -- when, 4 for example, when we're hosting webinars and things in our 5 meeting rooms, I mean, for us to have one computer that we 6 work -- we'd have to, I guess, basically designate some 7 computers just to do invoicing and -- 8 COMMISSIONER MOSER: Yeah. Yeah. 9 MR. WALSTON: -- time management. So -- 10 MR. TROLINGER: Well, physical space is one 11 problem. The office is very -- they're in every nook and 12 cranny. And then the other is the overhead, the operation of 13 maintenance. It doubles the cost. 14 COMMISSIONER LETZ: But, John, I'm thinking that 15 certainly other offices have to network in the county, 16 network with other state computers. 17 MR. TROLINGER: Yes, sir. 18 COMMISSIONER LETZ: So that it's -- we network with 19 a lot of state computers. 20 MR. TROLINGER: Oh, yes. 21 COMMISSIONER LETZ: I don't see that the security 22 is any different here than with our other networking that we 23 do with the state computers. 24 MR. TROLINGER: That's correct. So, the issue is 25 that we've got an M.O.U. that we're being asked, on behalf of 11-14-14 41 1 the County, to sign. And my solution is -- and the AgriLife 2 Extension Service representative said that Mr. Walston can 3 sign this agreement, and -- and they are obligated to follow 4 these state rules as a state agency. And we're covered. 5 We're not obligating the entire Kerr County I.T. to this 6 M.O.U. 7 JUDGE POLLARD: I don't know how we can do it. But 8 I know that we've got to protect the criminal justice 9 information, because we're obligated by law to do so. And we 10 -- if we allow that to be breached, we can be liable for some 11 substantial damages, and so I don't think -- we got to figure 12 a way to do it without that criminal justice information 13 being available to somebody else outside our system. 14 MR. WALSTON: Well, and it's not available to us 15 now, and it won't be. The only -- the only thing that I 16 think John's referring to is the reporting procedures. You 17 know, so that -- and, you know, the reporting of -- where 18 state agencies have to report any security incidents to the 19 D.R., and that's not anything -- that doesn't do anything. 20 COMMISSIONER MOSER: We're talking about firewalls 21 here. You know, you -- and firewalls can be penetrated, 22 whether you can or not. You know, there are guys out there 23 that are really smart on this stuff, and they just don't have 24 anything else to do except figure out how to penetrate that. 25 COMMISSIONER REEVES: Are we the only county that's 11-14-14 42 1 having to do this? 2 MR. WALSTON: No. 3 MR. TROLINGER: No, they all do it. 4 MR. WALSTON: 254 counties in the state, and 252 of 5 them have already turned them back in. 6 COMMISSIONER MOSER: Well, but do all the other 7 counties provide I.T. services? 8 MR. WALSTON: I can't answer that. 9 COMMISSIONER REEVES: That's my question. 10 COMMISSIONER MOSER: That's the question. 11 MR. TROLINGER: Maybe not. 12 MR. WALSTON: The only issue with us being tied to 13 the network, you know, in counties that I've had in past, we 14 didn't have that problem, 'cause we -- you know, we didn't 15 have I.T. We had -- we weren't tied into the network. We 16 didn't have -- you know, we didn't have to do the -- the 17 timekeeping and -- and the invoices, things like that. So -- 18 JUDGE POLLARD: You wanted I.T. to help you with 19 this, though. I mean, that was the whole thrust of this 20 thing, isn't it? 21 MR. WALSTON: Yeah. 22 COMMISSIONER LETZ: The County requires all 23 departments to use Odyssey. 24 MS. HARGIS: No. 25 MR. TROLINGER: Time entry. 11-14-14 43 1 MS. HARGIS: Incode. 2 MR. TROLINGER: Financial system, yes, sir. 3 MS. HARGIS: That's Incode. And Odyssey, you don't 4 have Odyssey in those, unless you have a need for it. 5 MR. TROLINGER: There's no criminal justice 6 function. It's -- 7 COMMISSIONER LETZ: Well, it's more than criminal 8 justice. 9 MR. TROLINGER: It's Tyler Technology; it's the 10 same. 11 MS. HARGIS: But it's two different packages. 12 COMMISSIONER LETZ: Right, okay. So he doesn't 13 have access to the criminal justice part of it. 14 MR. WALSTON: No. 15 MR. TROLINGER: And the background is, 10 years ago 16 I saw Mr. Walston getting very poor support from the AgriLife 17 I.T. support, so I jumped in and said, "Hey, look, I can -- 18 as available, I will come over and, you know, I'll go plug 19 this in or fix it for you. I will help you." These are Kerr 20 County employees, and we should help them with I.T. issues, 21 so I volunteered I.T. into this position. I got us into 22 this. Previously, we did not support the Extension Office. 23 They were solely supported from A & M AgriLife Extension 24 Service. 25 SHERIFF HIERHOLZER: If I can -- if I can interject 11-14-14 44 1 something here, I think what John's saying, and what -- like, 2 with our office, when we agreed to it, when we had to do it 3 through D.P.S. and F.B.I. and all that, it changed everything 4 that John had to do, even at his mainframe here, not just 5 firewalls. Every computer, every website, everything that 6 the entire county can get into is controlled by what the 7 Sheriff's Office and the security the Sheriff's Office has to 8 have, because we're part of that. And the County Judge and 9 the County signed off on that, okay. So, you know, as far as 10 controlled office space, what you do on computers, all that 11 had to go through -- and diagrams; everything had to have 12 been sent to the F.B.I. and to D.P.S. to get that approved. 13 What John's trying to do, I think, with -- with Roy is, 14 instead of the County signing off on that, just have Roy's 15 office sign off on it, so only that office and that computer 16 has to have all those requirements out there, and not affect 17 the entire county, county-wide. 18 MR. TROLINGER: Yes, sir. 19 SHERIFF HIERHOLZER: But it won't affect the 20 firewalls, what can get into the rest of the county. 21 MR. TROLINGER: Thank you. That's exactly right. 22 SHERIFF HIERHOLZER: I think that's why he's saying 23 if the County Judge signs off on it, it's kind of like it's 24 county-wide. If Roy signs off on it, it's just -- that's 25 Roy's office for AgriLife and through that, so it only has to 11-14-14 45 1 apply to that computer. 2 JUDGE POLLARD: Would that accomplish your 3 purposes, Roy? 4 MR. WALSTON: Yes, it would. But, you know, it's 5 up to y'all as to how y'all want to handle it. I mean, and 6 that's -- I don't understand all the legalities behind, you 7 know, those signatures and what it represents. So, it's -- 8 it's not intended to include the whole county. And, you 9 know, that's -- that's not -- 10 JUDGE POLLARD: I just want to be assured that the 11 criminal justice information is not available to A & M 12 because of this hookup. 13 COMMISSIONER MOSER: And the financials. 14 MR. WALSTON: I don't see how it is. 15 MS. STEBBINS: I don't -- I understand -- well, not 16 really. I don't really understand why they say your 17 signature would commit the entire county, if you -- if it 18 was -- 19 COMMISSIONER LETZ: For that office. 20 MS. STEBBINS: -- the motion was crafted in such a 21 way that it just applies to that office. And because he's 22 not a county employee, I don't know how he could commit the 23 county to anything, when really -- 24 COMMISSIONER LETZ: He's a county employee, but he 25 can't sign for the county. 11-14-14 46 1 MS. STEBBINS: Oh. 2 COMMISSIONER LETZ: Only the Judge -- this Court 3 can only authorize -- 4 MS. STEBBINS: He's a state employee? 5 JUDGE POLLARD: I can't even sign unless the Court 6 authorizes me to. 7 MS. STEBBINS: And so there's some commitment that 8 needs to be made by you guys that says, "I.T., y'all help 9 them, and in the ways that they need help." But there are 10 restrictions and things that need to happen there at that 11 office. 12 JUDGE POLLARD: I tell you what I'm hearing now. 13 I'm hearing that there's some disagreement about what can and 14 can't be done here, and I think it's pretty obvious we need a 15 little further study on it, get some more information before 16 we make a final decision on this. 17 MS. STEBBINS: I just think you need to sign that 18 if we're going to agree to this. And it's -- if we're going 19 to agree, I think that you need to be the one who agrees to 20 it, and not Roy. But I don't know why it would have to apply 21 to the entire county if you -- you could just limit it -- 22 limit that agreement in a way that it just applied to that 23 Extension office. 24 COMMISSIONER REEVES: If we -- 25 COMMISSIONER BALDWIN: That's the same thing. 11-14-14 47 1 JUDGE POLLARD: Is there some way to set it up 2 where that criminal information and our financial information 3 in the county is not available to A & M because of this 4 so-called hookup here? This agreement to maintain -- your 5 I.T. Department to maintain -- 6 MR. TROLINGER: The agreement specifies -- 7 JUDGE POLLARD: I can't do it legally. We're 8 prevented from doing that. 9 MR. TROLINGER: The agreement does specify that we 10 give the I.T. Department from AgriLife Extension access to 11 our network closet -- 12 COMMISSIONER MOSER: That's not what he's asking 13 you. 14 MR. TROLINGER: -- to service this office. So, 15 yes, exactly, they would have access to -- 16 COMMISSIONER MOSER: No, he's saying you have to 17 guarantee -- 18 MR. TROLINGER: Yeah, I can't. If they have access 19 to that closet, I can't guarantee that they wouldn't be able 20 to -- 21 COMMISSIONER MOSER: Well, it doesn't matter what 22 the agreement says. 23 MR. TROLINGER: They have physical access. Really, 24 somebody could walk in -- 25 MR. WALSTON: Where are you seeing this, John? 11-14-14 48 1 MR. TROLINGER: The physical access. Remember, the 2 one that's got the section on it -- 3 MS. STEBBINS: Which one? 4 MR. WALSTON: Oh, this? 5 MR. TROLINGER: The log of -- yeah, that one. 6 Exactly. 7 MS. STEBBINS: Where is it in the agreement? 8 MR. TROLINGER: It's underneath the -- the physical 9 communication closet or server facility. 10 MS. STEBBINS: Okay. 11 COMMISSIONER REEVES: We covered this thing pretty 12 good today. 13 MR. TROLINGER: Yes, sir. 14 COMMISSIONER REEVES: Let's step back and look at 15 this and address this in a week and a day, or whenever our 16 next meeting is. And maybe you can answer the questions that 17 we just brought up here, because we don't need to be reading 18 the contract right here in court if we can approve it -- 19 MR. TROLINGER: I apologize. I wanted to avoid 20 that also. 21 COMMISSIONER MOSER: And there was one other issue 22 in the past, too, and that was computer systems that were out 23 at Roy's facility, some of them were hooked into K.T.C., and 24 that was an issue, because one of the employees wanted to 25 have that. And so I think that this agreement was also that 11-14-14 49 1 you had authority -- if you're going to do this, you have 2 authority to specify what computer systems that they have and 3 what connections they have. Is that correct? 4 MR. TROLINGER: No, it doesn't spell that out. 5 COMMISSIONER MOSER: Well, but I thought -- 6 MR. TROLINGER: It doesn't help with that. 7 COMMISSIONER MOSER: I thought that's what you 8 wanted for your -- so that your resources were sufficient to 9 service them like you do the rest of the county. 10 MR. TROLINGER: Yes, sir, and that was more on the 11 county side, the county employee versus the state employee. 12 COMMISSIONER MOSER: But it had to do with they had 13 systems that were not compatible with your I.T. requirements 14 and specifications. 15 MR. TROLINGER: Yes, sir. 16 COMMISSIONER MOSER: So, is that -- now we're not 17 going to have that issue? 18 MR. TROLINGER: That is spelled out in this 19 agreement. 20 COMMISSIONER MOSER: Pardon me? 21 MR. TROLINGER: That is actually spelled out in the 22 agreement, that Kerr County I.T. standards will be followed. 23 Because we're providing the equipment. 24 COMMISSIONER MOSER: That the I.T. standards will 25 be followed? 11-14-14 50 1 MR. TROLINGER: Yes, sir. It does spell that out. 2 COMMISSIONER BALDWIN: Good point. I remember 3 something like that. 4 COMMISSIONER MOSER: Okay. 5 MR. TROLINGER: Thank you, Judge. 6 COMMISSIONER LETZ: We'll bring it back in -- 7 Monday. 8 MS. GRINSTEAD: Can you go back to Item 1.3? 9 COMMISSIONER REEVES: Which one? 10 MS. GRINSTEAD: The Kerrville South. 11 COMMISSIONER MOSER: Yeah. 12 MS. GRINSTEAD: Part of what had to be done today 13 is for you to identify a selection review team. 14 COMMISSIONER MOSER: Okay. 15 MS. GRINSTEAD: And that can be just the Judge, or 16 it can be -- it says it has to be at least one member of the 17 local governing body, and can include one or more staff 18 members. It said it can just -- the Judge signs it; it can 19 just be the Judge. 20 COMMISSIONER MOSER: Okay. 21 MS. GRINSTEAD: Well, says it may consist of a 22 single person, as long as that person's a member of the 23 elected governing body, so it can just be one. 24 JUDGE POLLARD: If there's two, it ought to be you 25 two. 11-14-14 51 1 COMMISSIONER BALDWIN: That's fine. 2 COMMISSIONER MOSER: That's it. 3 MS. GRINSTEAD: So then we need to identify that 4 selection review team, and then you allow them -- that review 5 team to choose service providers to receive the RFP's -- 6 COMMISSIONER BALDWIN: I see. 7 MS. GRINSTEAD: -- and RFQ's. 8 COMMISSIONER BALDWIN: In the past, we've always 9 included the County Auditor on that list as well. 10 MS. GRINSTEAD: You can include whoever you want, 11 as long as it's one member of the Court. 12 JUDGE POLLARD: Is that a motion, Buster? 13 COMMISSIONER BALDWIN: That's a motion buster. 14 JUDGE POLLARD: Is that all three of you? County 15 Auditor, -- 16 COMMISSIONER BALDWIN: Yeah. 17 JUDGE POLLARD: -- Commissioners of Precincts 1 and 18 2 are the team to make the selection? 19 COMMISSIONER BALDWIN: That's exactly right. 20 JUDGE POLLARD: All right. 21 COMMISSIONER BALDWIN: And we can have that done by 22 tonight sometime. 23 JUDGE POLLARD: All right. Is there a second to 24 that motion? 25 COMMISSIONER MOSER: Second. 11-14-14 52 1 JUDGE POLLARD: All right. It's been moved and 2 seconded. Any further discussion? There being none, those 3 in favor, signify by raising your right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 COMMISSIONER BALDWIN: Thank you, Jody. 6 COMMISSIONER MOSER: Thank you, Jody. 7 JUDGE POLLARD: Unanimous. Appreciate it, Jody. 8 I'm sorry to complicate that M.O.U. thing, but I'm real 9 concerned about that. We could get some -- listen, that's a 10 litigious area. 11 COMMISSIONER LETZ: I guess my biggest concern 12 is -- I appreciate your concern, but I am pretty certain that 13 we are networked with other state computers right now, and 14 that -- 15 COMMISSIONER MOSER: Good point. 16 COMMISSIONER LETZ: -- we have the same thing. I 17 mean, I know the District Courts are working with the -- 18 COMMISSIONER MOSER: Feds, probably. 19 COMMISSIONER LETZ: No. What's the -- the deadbeat 20 dads? That stuff that comes through here? 21 MS. STEBBINS: Attorney General's office. 22 COMMISSIONER LETZ: The A.G. So, the A.G. has -- I 23 mean, there's communication between our computers and the 24 A.G.'s office. 25 JUDGE POLLARD: Is that true, John? 11-14-14 53 1 MR. TROLINGER: Well, the Office of the Attorney 2 General does have a -- they provide us -- they actually give 3 us a computer and computer equipment to service those -- 4 COMMISSIONER LETZ: So it's a separate function? 5 MR. TROLINGER: -- state functions. It is, but we 6 don't have an M.O.U. with them that says that they can come 7 into our -- my network closet and open it up and do whatever 8 they want. 9 COMMISSIONER LETZ: But could they -- do they have 10 some technical way for them to do it if they wanted to, I 11 guess is the question. 12 MR. TROLINGER: No. And, basically, they hand us 13 the equipment and say, "Here, John, thanks for helping us 14 out." It's a verbal agreement. 15 MR. WALSTON: And now that I'm understanding what 16 he's -- what the issue is on this, if you don't mind, I'll -- 17 the way it -- the way it reads is -- is in situations where 18 Extension owns or supplies network components, Kerr County 19 would allow access to allow for troubleshooting. Kerr 20 County -- I mean, Extension won't own any of the components 21 in that closet. 22 MS. STEBBINS: You will, so you don't have to 23 allow -- 24 MR. TROLINGER: It's just that Windstream 25 equipment. 11-14-14 54 1 MR. WALSTON: We won't have it. 2 MS. STEBBINS: So you don't have to allow access, 3 so you could look it up if it was feasible to do that. 4 MR. WALSTON: I mean -- 5 COMMISSIONER MOSER: I'm with Bob Reeves. I think 6 we -- 7 COMMISSIONER REEVES: Bring it back. 8 COMMISSIONER LETZ: Bring it back. 9 COMMISSIONER REEVES: Monday. 10 MR. TROLINGER: It's a lot to discuss. 11 JUDGE POLLARD: That doesn't give anybody time to 12 really look at it. 13 COMMISSIONER MOSER: A week from Monday. 14 JUDGE POLLARD: Oh, okay. Is that okay with you? 15 MS. STEBBINS: That's okay with me. I think it's 16 just -- I think that's the issue, -- 17 COMMISSIONER LETZ: Okay. 18 MS. STEBBINS: -- the last thing that Roy said. 19 COMMISSIONER MOSER: Okay. 20 JUDGE POLLARD: All right. Is there anything else? 21 COMMISSIONER BALDWIN: I wanted to bring up one 22 point. We was talking about the boundaries for precincts and 23 all that, and Letz keeps talking about how the boundaries 24 have moved through the years. All he's trying to do here 25 is -- see, Comfort used to be the county seat, and that's all 11-14-14 55 1 he's trying to do, is get it moved right back down there. 2 I'm telling you, man. 3 COMMISSIONER MOSER: I'm telling you. 4 COMMISSIONER BALDWIN: I've seen this guy in action 5 for a long time. Beware. 6 COMMISSIONER MOSER: Just as long as he doesn't own 7 property between those two things. 8 COMMISSIONER BALDWIN: But he does. 9 COMMISSIONER MOSER: Oh. 10 COMMISSIONER BALDWIN: See, that's it right there. 11 COMMISSIONER LETZ: I'm just trying -- you know, 12 just trying to make sure things are done properly. 13 (Laughter.) And, you know, you have to go back to the old 14 historical fact of Schreiners and Faltins and Ingenhuetts all 15 being partners. 16 COMMISSIONER BALDWIN: His family owns everything. 17 COMMISSIONER LETZ: Just because Mr. Schreiner got 18 mad and stole everything, took it -- 19 COMMISSIONER BALDWIN: Oh, I see. 20 JUDGE POLLARD: I think he might be a Faltin there. 21 COMMISSIONER BALDWIN: Yeah. 22 JUDGE POLLARD: Okay. You're going to stick around 23 for us to talk to you some? 24 MS. STEBBINS: Me? 25 COMMISSIONER LETZ: She has a meeting. 11-14-14 56 1 MS. STEBBINS: We have a hearing -- you and I have 2 a hearing downstairs at 10:00. 3 JUDGE POLLARD: We're late already. 4 COMMISSIONER BALDWIN: We're all going to that. 5 Let's all go to it. 6 MS. STEBBINS: Y'all don't want to come, I promise. 7 There'll be lots of big, fat crocodile tears. 8 JUDGE POLLARD: Motion to adjourn? 9 COMMISSIONER LETZ: Motion to adjourn. 10 COMMISSIONER REEVES: Second. 11 JUDGE POLLARD: Been moved and seconded. Those in 12 favor, signify by raising your right hand. 13 (The motion carried by unanimous vote, 4-0.) 14 JUDGE POLLARD: It is unanimous, 4-0, in favor of 15 adjournment. We are adjourned. Thank you. 16 (Commissioners Court adjourned at 10:25 a.m.) 17 - - - - - - - - - - 18 19 20 21 22 23 24 25 11-14-14 57 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 18th day of November, 8 2014. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 11-14-14