1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, November 24, 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 24, 2014 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Consider/discuss, take appropriate action to approve bond for Justice of the Peace, Precinct 1, 5 Mitzi French 7 6 1.2 Public Hearing concerning cancellation of Lots 1, 2, 3, 4, and 5 and part of Lot 6 of Las Colinas 7 Subdivision, Precinct 2 9 8 1.3 Consider/discuss, take appropriate action for final approval to cancel Lots 1, 2, 3, 4, 5 and 9 part of Lot 6 of Las Colinas, Precinct 2 10 10 1.4 Consider/discuss, take appropriate action for final approval to drop private road name Hailey 11 Loop West and not rename this road, Precinct 4 11 12 1.5 Consider/discuss, take appropriate action on waterline easement at Hill Country Youth Event 13 Center; authorize County Judge to sign same 12 14 1.6 Consider/discuss, take appropriate action for permission to sell surplus equipment and destroy 15 nonfunctional equipment or property 16 16 1.7 Consider/discuss, take appropriate action to hire a deputy clerk to fill budgeted position 19 17 1.8 Consider/discuss, take appropriate action on 18 presentation of 2014 audit of the Kerr County Juvenile Detention Facility conducted by Texas 19 Juvenile Justice Department 22 20 1.9 Consider/discuss, take appropriate action on revision of Kerr County Juvenile Detention 21 Facility Policy and Procedure Manual 31 22 1.10 Review/discuss, take appropriate action on authorization of filling vacant positions at 23 Kerr County Juvenile Facility 35 24 1.11 Consider/discuss, take appropriate action on request to use Flat Rock Lake Park for soccer 25 tournaments/practices 38 3 1 I N D E X (Continued) November 24, 2014 2 PAGE 3 1.12 Consider/discuss, take appropriate action on contract between Ricoh and Kerr County for copier 4 in Commissioners Court Office 48 5 1.13 Consider/discuss, take appropriate action to approve adding volunteer coverage to 2015 6 Workers Compensation Policy under the four TAC classifications: volunteer firefighters, volunteer 7 law enforcement, volunteer emergency medical personnel, and volunteers-all other 49 8 1.14 Consider/discuss, take appropriate action on 9 reconciliation of funding of Certificates of Obligation 58 10 1.15 Consider/discuss, take appropriate action to 11 reallocate certain funds from 2009, 2010, and 2012 Certificates of Obligation 64 12 1.16 Consider/discuss, take appropriate action on 13 Change Proposal #16 for Event Hall at Hill Country Youth Event Center 69 14 1.17 Consider/discuss, take appropriate action 15 regarding update of construction at Hill Country Youth Event Center and related issues 71 16 1.18 Consider/discuss, take appropriate action to 17 approve contract for aerial photography with Pictometry; authorize County Judge to sign same 74 18 1.19 Consider/discuss, take appropriate action 19 regarding Memorandum of Understanding for Information Technology Services between Kerr 20 County and AgriLife Extension 81 21 4.1 Pay Bills 84 4.2 Budget Amendments 84 22 4.3 Late Bills 85 4.4 Approve and Accept Monthly Reports 86 23 5.1 Reports from Commissioners/Liaison Committee 24 Assignments -- 5.2 Reports from Elected Officials/Department Heads 87 25 4 1 I N D E X (Continued) November 24, 2014 2 PAGE 3 1.20 Consider/discuss, take appropriate action on request for contested hearing related to GBRA 4 Application for Permit #12378. (Executive Session) 87 5 3.1 Action as may be required on matters discussed in Executive Session 89 6 1.21 Tour of Event Hall at Hill Country Youth Event 7 Center -- 8 --- Adjourned 90 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, November 24, 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 (Commissioner Moser was not present.) 8 JUDGE POLLARD: It's November the 24th, 2014. It's 9 9:00 a.m., and the Kerr County Commissioners Court is in 10 session. I think today Commissioner Reeves is up on the 11 prayer and the pledge of allegiance. 12 COMMISSIONER REEVES: Will you please stand? 13 (Prayer and pledge of allegiance.) 14 JUDGE POLLARD: All right. The next part of the 15 agenda is if there are any visitors here that have any 16 comments about anything that's on the agenda or not on the 17 agenda. Is there anyone? I don't think any forms were 18 filled out; at least they weren't handed to me. All right. 19 There being none, let's go to comments by Commissioners. By 20 the way, Commissioner Moser is giving his space talk, I 21 think, at one of the schools today, and he'll be absent 22 today. And I went to his -- I went to that thing over at the 23 Cailloux Theater last night. It was most impressive. Chris 24 Kraft was a really interesting guy, really funny, the Mission 25 Control guy. Anyway, go ahead, Mr. Baldwin. 11-24-14 6 1 COMMISSIONER BALDWIN: Okay. I don't have 2 anything, Judge. Thank you very much. 3 JUDGE POLLARD: All right. I know Mr. Moser 4 doesn't. I don't, except for what I said. 5 COMMISSIONER LETZ: Just a couple water meetings 6 last week went very well. One over at U.G.R.A., we got -- 7 met with Representative-elect Murr. Good meeting to kind of 8 get him up to speed, get him more familiar with a lot of 9 elected officials. That was good, and then a symposium out 10 at Schreiner. Anyway, so water's always a topic that we're 11 involved with. We have some more discussion on that today in 12 the agenda, I believe. 13 JUDGE POLLARD: It's going to get much more 14 involved as we go along. It sure is. All right. Mr. 15 Reeves? 16 COMMISSIONER REEVES: Just a great holiday 17 Christmas parade. I stress the word "Christmas." Good 18 turnout on the courthouse grounds Saturday night. And if you 19 haven't seen it lit up, you need to make sure you do. It 20 looked real good. Also, congratulations to Tivy and Ingram; 21 they're still in the playoffs going to the next round. It's 22 a good time in the hill country. 23 COMMISSIONER BALDWIN: Where's Ingram -- 24 COMMISSIONER REEVES: I think they're playing 25 Seguin, but -- 11-24-14 7 1 SHERIFF HIERHOLZER: Edna. 2 COMMISSIONER REEVES: Where? 3 SHERIFF HIERHOLZER: Somebody told me at Rutledge 4 or one of those. 5 COMMISSIONER REEVES: Rutledge? 6 COMMISSIONER BALDWIN: That's where Tivy is. 7 SHERIFF HIERHOLZER: New Braunfels. 8 COMMISSIONER BALDWIN: Rutledge? 9 JUDGE POLLARD: Tivy's playing at Rutledge Stadium. 10 MR. MOSTY: Judson, I think. That's what I heard. 11 JUDGE POLLARD: Okay. 12 COMMISSIONER REEVES: Good time in the hill 13 country. 14 SHERIFF HIERHOLZER: Oh, well. 15 JUDGE POLLARD: Representative Murr was there at 16 the lighting ceremony, too, and the parade. He's spending a 17 lot of time in Kerr County. 18 COMMISSIONER REEVES: He was grand marshal. So -- 19 JUDGE POLLARD: He's -- he knows where most of his 20 votes are in his district. Pretty intelligent fellow. All 21 right, we'll go to Item 1.1 on the agenda; consider, discuss, 22 and take appropriate action to approve bond for Justice of 23 the Peace, Precinct 1, Mitzi French. We have that bond 24 available? Has the County Attorney looked at it and approved 25 it? 11-24-14 8 1 MS. STEBBINS: I have not looked at it, no. 2 JUDGE POLLARD: You have not? 3 MS. STEBBINS: No, sir. 4 JUDGE POLLARD: Well -- 5 MS. STEBBINS: Would you like for me to? 6 JUDGE POLLARD: Yes. 7 COMMISSIONER LETZ: We can pass it and we can come 8 back. 9 MS. STEBBINS: I suspect it looks just like mine. 10 JUDGE POLLARD: Does that make it good? 11 MS. STEBBINS: Mine is. 12 JUDGE POLLARD: All right, we'll pause a minute. 13 MS. STEBBINS: Normally it's from the same company. 14 Yes, sir. 15 JUDGE FRENCH: It's for four years. 16 MS. STEBBINS: It's for four years, yes. Yeah. 17 COMMISSIONER BALDWIN: I move for approval. 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: It's been moved and seconded for 20 approval to authorize me, as the County Judge, to approve 21 this bond. Is there any further discussion? There being 22 none, those in favor, signify by raising your right hand. 23 (The motion carried by unanimous vote, 3-0.) 24 JUDGE POLLARD: It's unanimous, 3-0. Item 1.2. 25 This is a public hearing concerning the cancellation of Lots 11-24-14 9 1 1, 2, 3, 4, and 5, and part of Lot 6, R30865 of Las Colinas 2 Subdivision, Volume 5, Page 42, Precinct 2. Mr. Hastings? 3 (The regular Commissioners Court meeting was closed at 9:05 a.m., and a public hearing was held in open 4 court, as follows:) 5 P U B L I C H E A R I N G 6 MR. HASTINGS: This part will be the public 7 hearing, so if anyone would like on speak to it. 8 JUDGE POLLARD: All right. Anybody wish to speak 9 at the public hearing? Do you wish to make any comments, 10 Mr. Hastings? 11 MR. HASTINGS: No, sir. 12 JUDGE POLLARD: All right. Mr. Mosty? 13 MR. MOSTY: I think it's -- I think it's a 14 straightforward deal. It doesn't impact anybody's rights. 15 It doesn't impact any other person's access. The property 16 has access on Highway 16 and Deer Park Lane, so it's simply 17 to accommodate a real estate closing. 18 JUDGE POLLARD: Which is tomorrow, I understand. 19 MR. MOSTY: Which is tomorrow. 20 JUDGE POLLARD: All right. All right. Thank you. 21 Any further comments? 22 MR. MOSTY: Assuming it passes. 23 JUDGE POLLARD: Right. Any further comments? 24 There being none, we'll close the public hearing, then. 25 / 11-24-14 10 1 (The public hearing was concluded at 9:07 a.m., and the regular Commissioners Court meeting was 2 reopened.) 3 - - - - - - - - - - 4 JUDGE POLLARD: Item 1.3; consider, discuss, and 5 take appropriate action for Court's final approval to cancel 6 Lots 1, 2, 3, 4, 5, and part of Lot 6, R30865, of the Las 7 Colinas Subdivision, Volume 5, Page 42, Precinct 2. 8 Mr. Hastings. 9 MR. HASTINGS: Yes, sir. As previously stated, and 10 as we have discussed this in the past, before the public 11 hearing today, nothing has changed. Mr. Mosty is asking for 12 the Court's final approval to cancel Tracts 1, 2, 3, 4, and 13 5, and part of Tract 6 of the Las Colinas Subdivision, Volume 14 5, Page 42, Precinct 2. This would retain a little over 15 2-acre tract that he had previously sold to Mr. Montgomery, 16 and it doesn't impact anybody. 17 JUDGE POLLARD: That was a Dr. Montgomery, wasn't 18 it? 19 MR. MOSTY: Yes. 20 JUDGE POLLARD: Yeah. 21 COMMISSIONER MOSER: He no longer owns it, but -- 22 JUDGE POLLARD: Right. It's Beard now. Is that 23 right? 24 MR. MOSTY: Pardon? 25 JUDGE POLLARD: Is it Beard now? 11-24-14 11 1 MR. MOSTY: Beard is who they use that for access 2 to the property. 3 JUDGE POLLARD: Okay. All right. 4 COMMISSIONER LETZ: So the remaining part will just 5 be -- it will be a one-lot subdivision for the remaining part 6 of -- 7 MR. HASTINGS: That's correct. 8 COMMISSIONER LETZ: Move approval. 9 COMMISSIONER BALDWIN: Second. 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, 3-0.) 14 JUDGE POLLARD: Its, 3-0, unanimous. Let's go on 15 to Item 1.4. 16 MR. MOSTY: Thank you. 17 JUDGE POLLARD: Thank you. 18 COMMISSIONER BALDWIN: See you. 19 JUDGE POLLARD: Consider, discuss, and take 20 appropriate action for Court's final approval to drop 21 private road name Hailey Loop West and not rename this road, 22 Precinct 4. 23 MR. HASTINGS: Yes, sir. Brandi and Philip Capps 24 applied through the 911 office earlier in November to drop 25 the private road name. It's been checked out through their 11-24-14 12 1 office; they're okay with it, and they would like to drop the 2 name of Hailey Loop West and not have it renamed. It's 3 currently a private road, and it is only serving this one 4 lot. 5 COMMISSIONER REEVES: Charlie, is this the road 6 on -- I'm assuming it is, that goes up there to Walter 7 Hailey's old home up there? Off the -- 8 MR. HASTINGS: Yes. 9 COMMISSIONER REEVES: Okay. Move for approval. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE POLLARD: Any further discussion? There 12 being no further discussion, those in favor of the motion, 13 signify by raising your right hand. 14 (The motion carried by unanimous vote, 3-0.) 15 JUDGE POLLARD: It's 3-0, unanimous. 1.5 -- if I 16 can find a pen that writes here. Consider, discuss, and take 17 appropriate action on water line easement at Hill Country 18 Youth Event Center, and authorize the County Judge to sign 19 same. 20 MR. HASTINGS: This is a 20-foot-wide water line 21 easement over and across our Hill Country Youth Exhibit 22 Center property. It's for the water main that belongs to the 23 City, but it's serving the property. And we're asking for 24 the Court to authorize the Judge to sign the easement so we 25 can get it back to the City, and then they can finish 11-24-14 13 1 executing it and have it filed. 2 COMMISSIONER LETZ: Anything odd about the 3 easement? Or it's just a utility easement that they have 4 access to repair their line? 5 MR. HASTINGS: That's what it is. And we do have 6 the authorization to park over it or put a sidewalk on it. 7 And we did have this easement document reviewed by our County 8 Attorney, and we went through one or two iterations till we 9 got it where we needed it to be. 10 JUDGE POLLARD: No trees on it? 11 COMMISSIONER LETZ: Doesn't say no trees. 12 MR. HASTINGS: It doesn't prohibit -- 13 JUDGE POLLARD: Doesn't say? 14 MR. HASTINGS: But we would not want to plant one 15 right above the water line. 16 JUDGE POLLARD: Okay. I'm just asking because 17 we've been talking about planting trees out there. 18 COMMISSIONER LETZ: Yeah. We're -- 19 JUDGE POLLARD: We don't want to do it on that 20 water line. 21 COMMISSIONER LETZ: We're looking at certainly 22 avoiding the majority of the water line with anything 23 permanent. 24 JUDGE POLLARD: Okay. 25 COMMISSIONER BALDWIN: Is it -- it comes off of 11-24-14 14 1 Highway 27? 2 MR. HASTINGS: This water line actually comes back 3 from the River Star property and goes through the parking 4 lot. And there's already an easement for a portion of that 5 water line, and this -- this finishes the part that wraps 6 around the water line -- that wraps around the show barn and 7 the Youth Exhibit Center that's under construction now. 8 COMMISSIONER BALDWIN: Wraps around? What does 9 that mean? 10 MR. HASTINGS: It goes from the east -- I'm sorry, 11 the west side of the building north, and then travels east to 12 a fire hydrant. 13 COMMISSIONER BALDWIN: Okay. 14 MR. HASTINGS: Where it dead-ends. 15 COMMISSIONER BALDWIN: Okay. 16 MR. HASTINGS: It's about 35, 40 feet off of the 17 face of the building. 18 COMMISSIONER BALDWIN: Okay. 19 JUDGE POLLARD: Around it, not under it. 20 MR. HASTINGS: Around it. 21 COMMISSIONER BALDWIN: Is there -- and so there's a 22 fire hydrant around there somewhere? 23 MR. HASTINGS: Yes, sir, there's a fire hydrant out 24 in front of the indoor arena. 25 COMMISSIONER BALDWIN: Yeah, okay. 11-24-14 15 1 COMMISSIONER LETZ: Kind of comes from that 2 alleyway between the Extension Office and River Star, through 3 there, and then goes and it T's, and goes back towards the 4 rainwater catchment tanks that -- or towards the river. Then 5 it goes around the front of the building and around the side. 6 COMMISSIONER BALDWIN: What do we have -- what do 7 we have back there, like, where the horse stalls are and all 8 that? 9 COMMISSIONER LETZ: This easement does not go back 10 that far. 11 COMMISSIONER BALDWIN: I understand that, but what 12 do we have back there? 13 COMMISSIONER REEVES: There's a water line or a 14 sewer line that goes from the project barn back over to this 15 area as well; isn't there, Charlie? 16 MR. HASTINGS: There is, but it's all private. 17 It's our own sewer lines. 18 COMMISSIONER LETZ: I think we have a 2-inch, I 19 believe, main. It's a 2-inch water line that we have that 20 goes up through the alleyway between the show barn and the 21 indoor arena, and then there's water that goes -- I mean, 22 there's water lines that go around and serve multiple areas, 23 but they're not part of the fire easement. 24 COMMISSIONER BALDWIN: We don't have a need to 25 extend this line that we're talking about today on around? 11-24-14 16 1 COMMISSIONER LETZ: I think -- I mean, I would say 2 at this point, no. I think that the -- you know, I'm 3 assuming the fire department is comfortable if they have -- 4 this gives them pretty good access to the structures. 5 COMMISSIONER REEVES: It goes to the fire hydrant 6 as well as the connections -- 7 COMMISSIONER LETZ: Yeah. 8 COMMISSIONER REEVES: -- for the buildings for the 9 complete sprinkler systems. 10 COMMISSIONER BALDWIN: You think that may be 11 enough, then, huh? Cool. 12 JUDGE POLLARD: All right. Any -- 13 COMMISSIONER LETZ: I move approval, and authorize 14 the County Judge to sign same. 15 COMMISSIONER REEVES: Second. 16 JUDGE POLLARD: Been moved and seconded that we 17 approve it. Any further discussion? If not, those in favor, 18 signify by raising your right hand. 19 (The motion carried by unanimous vote, 3-0.) 20 JUDGE POLLARD: It's 3-0, unanimous. All right, 21 let's go to 1.6; consider, discuss, and take appropriate 22 action for permission to sell surplus equipment and 23 destruction of nonfunctional equipment or property. Robbin 24 Burlew. 25 MS. BURLEW: Morning. How are y'all doing? 11-24-14 17 1 JUDGE POLLARD: Fine. How are you? 2 MS. BURLEW: Yes, this is equipment, like we have a 3 microfilm reader that we no longer use for the fact that 4 we've gone to C.D.'s. We have a film cleaner. We have some 5 chairs that are broken and nonfunctional. So, there's 6 numerous things in the office that -- 7 JUDGE POLLARD: Anything got water damage to it? 8 MS. BURLEW: No, sir, no water damage. 9 COMMISSIONER LETZ: Do you have -- I'm fine with 10 this. And does -- but we need to give the Auditor, if you 11 haven't already, a list so we can get the numbers off our 12 inventory. 13 MS. BURLEW: I have not gotten a list, but I will. 14 Because, you know, we just got our flooring in, which really 15 looks good, so -- 16 COMMISSIONER LETZ: Right. 17 MS. BURLEW: You know, there was numerous things 18 that we noticed as we were moving stuff around that we no 19 longer use, so there's no reason for it to be sitting there 20 when maybe we can get money from it, or -- 21 COMMISSIONER LETZ: Right. My preference would be 22 that you prepare the list and we actually approve the list, 23 so we're -- we know specifically what we're declaring 24 surplus. 25 MS. BURLEW: Okay, we can do that. 11-24-14 18 1 COMMISSIONER LETZ: That's cleaner that way, 'cause 2 I know we're trying -- we're trying to keep track of most of 3 this stuff, even though it may just be a chair. 4 MS. BURLEW: Okay, I can do that. 5 COMMISSIONER LETZ: Certainly, and if any other 6 departments, while we're talking about doing it, do it all at 7 one time, and we can put it on one of those auction sites and 8 get rid of it. 9 MS. BURLEW: Okay. 10 JUDGE POLLARD: So you're suggesting that this list 11 be -- that we pass this today? 12 COMMISSIONER LETZ: Pass this until we get the 13 actual list of the specific items. 14 JUDGE POLLARD: And bring it up again. 15 MS. BURLEW: Okay. 16 JUDGE POLLARD: Okay. 17 MS. BURLEW: I will -- 18 COMMISSIONER LETZ: I'm certainly in favor of it. 19 MS. BURLEW: I'll get a list of everything. 20 COMMISSIONER BALDWIN: It may be the first time, 21 but I think Letz is right this time. 22 COMMISSIONER LETZ: My one time for the year? 23 COMMISSIONER BALDWIN: Yeah, this is the first time 24 this year. 25 JUDGE POLLARD: I thought he was right, too. All 11-24-14 19 1 right. 1.7; consider, discuss, and take appropriate action 2 to hire a deputy clerk to fill a budgeted position. 3 MS. BURLEW: Yes, sir. I have a clerk that just 4 last week gave her resignation; her and her husband are 5 moving. And so I need to -- 6 JUDGE POLLARD: Who is that? 7 MS. BURLEW: Josie Sampson. In fact, I think the 8 County's losing two employees, right? 9 SHERIFF HIERHOLZER: Mm-hmm. 10 MS. BURLEW: 'Cause her husband works at the 11 Sheriff's Department. 12 JUDGE POLLARD: Okay. 13 MS. BURLEW: So there's going to be two employees 14 leaving Kerr County. So, I really need to fill this 15 position, 'cause as of October, the District Judges are 16 requiring that I have two clerks in the courtroom, so some 17 days I have -- if they're working two courtrooms, I have to 18 have four clerks out of the office to actually have -- so 19 that takes away from the front counter as far as civil. 20 JUDGE POLLARD: Why are they requiring two clerks 21 in the courtroom? 22 MS. BURLEW: They want one in the courtroom to, you 23 know, file and handle all the court costs, and then they ask 24 another clerk -- not actually in the courtroom, but they're 25 wanting a clerk to, you know, swear in the defendants, and 11-24-14 20 1 not have the inmates in the courtroom at that time. So, 2 we're having another clerk in the back, say, like in one of 3 the jury rooms. 4 JUDGE POLLARD: Judge Williams? 5 MS. BURLEW: It's -- it was Judge Williams, and now 6 it's Judge Emerson also. 7 COMMISSIONER BALDWIN: Of course. Have they 8 offered money to pay for these things? 9 MS. BURLEW: No, sir. 10 COMMISSIONER BALDWIN: Have they been to the 11 Commissioners Court to talk to the Commissioners Court about 12 it? 13 MS. BURLEW: No, sir. 14 COMMISSIONER BALDWIN: The hell with them. I mean, 15 the heck with them, I mean. Well, you know, these kind of -- 16 (Low-voice comment made off the record.) 17 COMMISSIONER BALDWIN: Well, I hear what you're 18 saying, and I understand and I agree, but I also need to 19 point out what's going on here. 20 JUDGE POLLARD: Yeah. 21 COMMISSIONER BALDWIN: I mean, these guys are 22 making -- making rules that change the -- 23 COMMISSIONER LETZ: Budget. 24 COMMISSIONER BALDWIN: The budget. And that's an 25 absolute no in my book. 11-24-14 21 1 COMMISSIONER LETZ: I guess -- 2 COMMISSIONER BALDWIN: They need to come and at 3 least talk to us about it. It's not the way you do this. 4 COMMISSIONER LETZ: I have no problem with 5 authorizing you to replace the employee that resigned, but I 6 do have a problem with this policy change. At least -- I 7 mean, does it really take a clerk all day to be assigned for 8 swearing in witnesses? 9 MS. BURLEW: Usually, it depends on -- you know, if 10 they run the inmates usually, you know, consistently, then 11 they probably don't need a person all day. It's usually just 12 maybe half a day, but -- Rusty? 13 COMMISSIONER LETZ: I mean, I don't know enough -- 14 JUDGE POLLARD: You got a comment about this, 15 Sheriff? I see you sitting over there fighting -- 16 SHERIFF HIERHOLZER: No, I'm trying to keep my 17 mouth shut. 18 JUDGE POLLARD: I can see that. That's why I'm 19 asking. 20 (Several people speaking at the same time.) 21 THE REPORTER: One at a time, please. 22 COMMISSIONER REEVES: Okay. So, take action on 23 this and address the other problem at a later date. 24 COMMISSIONER BALDWIN: I move for approval of 25 Item 1.7. 11-24-14 22 1 COMMISSIONER LETZ: I'll second, with a comment. 2 If we could maybe request the County Judge to request they 3 explain why they need two clerks up in the -- assigned in 4 District Court? 5 JUDGE POLLARD: We'll do that. All right, it's 6 been moved and seconded. If there's no further discussion, 7 those in favor of the motion, signify by raising your right 8 hand. 9 (The motion carried by unanimous vote, 3-0.) 10 JUDGE POLLARD: It's 3-0, unanimous. Thank you. 11 MS. BURLEW: Thank you. 12 JUDGE POLLARD: Put me a star out here to remind 13 me. All right, 1.8; consider, discuss, and take appropriate 14 action on presentation of the 2014 audit of Kerr County 15 Juvenile Detention Facility conducted by Texas Juvenile 16 Justice Department. Mr. Davis. 17 MR. DAVIS: Good morning, Your Honor. If I may 18 approach, I'll just pass out some copies briefly. That's the 19 little one; that's the big one. There are two sections of 20 this audit that were -- was completed in October. 21 JUDGE POLLARD: Thank you. 22 MR. DAVIS: They grade two areas, and I will go 23 into as much detail as you would like, or just present the 24 overall results. The first section was a 9.35 overall 25 percentage. Second section was 100 percent compliance in 11-24-14 23 1 those areas. And I -- I have requested a meeting with our 2 liaison, Commissioner Baldwin, and with the Judge to go into 3 further detail and to try to come in compliance with the 4 State's request. Hope to meet with you all whenever you have 5 time and get into a lot more detail then, and maybe come back 6 before the Court with some other recommendations of further 7 agenda items. The next agenda item actually addresses some 8 of the issues that are on the -- that are in this report. 9 There is no action needed, but I was just making the Court 10 aware. 11 COMMISSIONER LETZ: What's the difference in these 12 two forms -- the two things you handed out? One's a 344 13 compliance, but one's a 343 compliance. 14 MR. DAVIS: Good question, Commissioner. The 15 standard is -- actually, there are different sections of the 16 standards, or different sections of the statutes. 341 and 17 343 are the sections, and so 344 being the section that has 18 to do with more of the administrative side of the official 19 operations, 343 having to do more with the actual operation, 20 housing of children, that type of thing. 21 JUDGE POLLARD: Looks like a really good score on 22 the administrative side there. 23 COMMISSIONER BALDWIN: Mm-hmm. 24 JUDGE POLLARD: Like a perfect score, huh? 25 MR. DAVIS: Yes, Your Honor. Thank you. 11-24-14 24 1 JUDGE POLLARD: I'm not surprised at that, 2 Mr. Davis. 3 MR. DAVIS: Thank you, Your Honor. Appreciate it. 4 I have a fantastic staff and a lot of support, thank you. 5 JUDGE POLLARD: Okay. Any questions about either 6 of these at this point? 7 COMMISSIONER LETZ: It looks like -- I mean, 8 it's -- you passed with flying colors, I mean, on both of 9 them. One of them's slightly -- 10 COMMISSIONER BALDWIN: Let's take one and use it as 11 an example. 12 MR. DAVIS: Absolutely. Yes, sir. 13 COMMISSIONER BALDWIN: Under facility compliance 14 rating, the third one down, provision of services. 15 MR. DAVIS: Yes, sir. 16 COMMISSIONER BALDWIN: That looks like you got 17 dinged harder than anything. And what -- define the 18 "services" part of it. 19 MR. DAVIS: Absolutely. In fact, that's obviously 20 the biggest hit we took in any area. This is an issue that 21 I've been talking with the Sheriff about a little bit, been 22 talking with Chief Deputy Barton, been talking to Sylvia 23 Foraker, been talking with K.I.S.D. and Steve Schwarz. One 24 of the major areas is the meal -- the service of meals. And 25 what this has to do with, the Sheriff's meals are approved by 11-24-14 25 1 a licensed dietitian. The meals that are provided by 2 K.I.S.D. for breakfast and lunch on school days is approved 3 by a nutritionist, not a dietitian. That is a noncompliance 4 as far as the State of Texas is concerned. The dietitian 5 must approve the meals, and it must be the same dietitian 6 approving the meal as -- same dietitian must approve both 7 meal plans. That would be the type of thing that we're 8 seeing. And that is the -- that was the single largest area 9 of noncompliance that we had. 10 COMMISSIONER BALDWIN: And is that easily fixed? 11 MR. DAVIS: Well, no, sir, it's not. And I'll tell 12 you, right now -- 13 COMMISSIONER BALDWIN: Is Rusty playing hard to 14 get? 15 MR. DAVIS: No, Rusty's bent over backwards, as has 16 Sylvia and Clay. They've gone above and beyond. 17 JUDGE POLLARD: I want to borrow a comment from 18 Commissioner Baldwin, "The hell with them." 19 MR. DAVIS: Well -- 20 COMMISSIONER BALDWIN: Sorry about that. 21 MR. DAVIS: We're going to try to find a way to 22 make it work. In fact, I have -- I was e-mailing the 23 dietitian as of Friday, and was supposed to call her, but she 24 wouldn't have been in the office till 9:00 this morning, so 25 as soon as I leave here today, I will be calling the 11-24-14 26 1 dietitian and seeing if -- 2 JUDGE POLLARD: Well, they're good, nutritious 3 meals; I'm pretty sure of that, or the dietitian wouldn't 4 approve them for the Sheriff. And I don't understand -- 5 SHERIFF HIERHOLZER: And what he's got to do -- of 6 course, we do our own, and so we have a dietitian that 7 approves ours. It's required by the State, too. But now 8 he's got to have a dietitian that approves the school's menu, 9 which the school may not like, 'cause they use a 10 nutritionist, okay? But some of these -- you know, if it's 11 good enough for the kids at school, I can't believe it can't 12 be good enough for the ones -- 13 JUDGE POLLARD: I agree with that. 14 SHERIFF HIERHOLZER: -- at the detention center. 15 JUDGE POLLARD: That's why that comment's 16 appropriate. 17 SHERIFF HIERHOLZER: Part of that school lunch 18 program out there at detention. The only other solution we 19 have for him to help him is we can provide all the meals for 20 him, but then you have -- there's a difference in the -- in 21 the amount of time that can be spanned between meals when 22 you're serving juveniles and when you're serving adults, so 23 that would require him to throw in snacks and other -- it 24 gets very complicated, and Jason's in a predicament that gets 25 hard to solve because of red tape and politics instead of 11-24-14 27 1 reality. 2 JUDGE POLLARD: Well -- 3 COMMISSIONER BALDWIN: And did you say that it has 4 to be the same person? 5 SHERIFF HIERHOLZER: Yeah. 6 MR. DAVIS: Yes, sir, that's correct. 7 COMMISSIONER BALDWIN: That approves the jail 8 people and the school people? 9 MR. DAVIS: That's correct. Now -- and -- 10 JUDGE POLLARD: But the school doesn't want to use 11 the dietitian; they prefer a nutritionist. 12 MR. DAVIS: Yes. It's -- yes. I mean -- 13 COMMISSIONER BALDWIN: I think you're right; the 14 hell with them. 15 JUDGE POLLARD: I agree. Let's just keep doing it, 16 okay? If it's -- 17 COMMISSIONER REEVES: What's the down side if we 18 keep doing it this way? 19 MR. DAVIS: They can -- it's in our financial 20 contract, and they could jerk all of our funding. 21 COMMISSIONER BALDWIN: Okay, let's rethink this. 22 (Laughter.) 23 MR. DAVIS: If I were not to make very significant 24 efforts to come in compliance. And, in fact, T.J.J.D. -- 25 When I say "they," they being Texas Juvenile Justice 11-24-14 28 1 Department; I apologize and clarify. They amended -- 2 JUDGE POLLARD: I think T.J.J.D. needs to amend 3 their rules a little bit. 4 MR. DAVIS: They have, Your Honor, and they added 5 these in. And up until -- I can tell you since 2006, there 6 has never really been an enforcement component put into 7 contracts, under financial assistance contracts. They put 8 that in there two years ago. 9 SHERIFF HIERHOLZER: It's not like any of this has 10 changed since -- 11 MR. DAVIS: Yeah. 12 SHERIFF HIERHOLZER: -- they opened the new 13 facility out there. 14 MR. DAVIS: The meals, they approved last year. 15 There was not a problem with it last year. This year they 16 say that there's a noncompliance. 17 COMMISSIONER LETZ: This may be way too simple, but 18 can the school nutritionist not provide a menu and the 19 dietitian say, "Yes, this is a good menu"? 20 MR. DAVIS: She can and does provide a menu. We 21 keep that on file as well. And we're going to ask the 22 dietitian if she will be willing to do that and/or contract 23 with the facility in order to provide that approval. That's 24 my first step. 25 JUDGE POLLARD: Yeah. 11-24-14 29 1 MR. DAVIS: That's the phone call I'll make when I 2 leave here. 3 SHERIFF HIERHOLZER: And years before, it wasn't as 4 difficult, because the school had a dietitian. Their menus 5 were dietitian-approved, so all we did back then -- you're 6 talking eight, nine years ago -- is we used the same 7 dietitian that the school was using to approve our menus too, 8 so both menus were approved by the same dietitian. Wasn't an 9 issue there. But going the other way around now, since they 10 don't have one, and I'm required to, it's not working. 11 COMMISSIONER LETZ: I presume a dietitian is higher 12 level than a nutritionist? 13 MR. DAVIS: It would appear so. I'm new to this, 14 Commissioner. I'll tell you, I'm not real positive myself. 15 COMMISSIONER LETZ: Okay. 16 JUDGE POLLARD: Well, in the military, when some 17 guy couldn't qualify on the rifle course, we just switched 18 shirts with the name of a guy that passed all the time, and 19 have him go out and shoot for him. Can we just switch 20 shirts? (Laughter.) For the dietitian and the nutritionist? 21 All right. Anyway, you're going -- I have confidence that 22 Mr. Davis will solve this problem. 23 COMMISSIONER BALDWIN: You don't even want us to 24 accept this? 25 MR. DAVIS: No, you can accept it. It's just a -- 11-24-14 30 1 the presentation of the facts, sir. I mean, there's no 2 action required. 3 COMMISSIONER REEVES: The only other one, Jason, 4 was pre -- facility compliance rating, and Subchapter B, I 5 see, was also a little below the 90 percentile level. What 6 was that? 7 MR. DAVIS: I'm sorry, Commissioner, you have to -- 8 COMMISSIONER REEVES: On the 343 report. 9 MR. DAVIS: Yes, sir? Oh, okay, right here. 10 COMMISSIONER REEVES: Facility compliance rating, 11 Subchapter -- 12 MR. DAVIS: The indirect help? 13 COMMISSIONER REEVES: No, the Subchapter B down 14 there at the bottom of the page. Pre-adjudication and 15 post-adjudication secure facility standards. 16 MR. DAVIS: Okay, let me look, Commissioner, 'cause 17 I'm not -- off the top of my head, I'm not -- 18 COMMISSIONER REEVES: I see an 87. 19 MR. DAVIS: I'll have to pull it up, and I can tell 20 you. Commissioner, what that is, that is going to be 21 standards compliance. And what you're -- that's the next 22 agenda item. Actually, what it is, -- 23 COMMISSIONER REEVES: Okay. 24 MR. DAVIS: -- is we need to change some of our 25 policies and procedures to mirror what the standard says, and 11-24-14 31 1 that's what -- that's what we have next. 2 COMMISSIONER REEVES: On the next -- okay, thank 3 you. 4 COMMISSIONER LETZ: So, no need to accept this; we 5 just move on? 6 MR. DAVIS: No, sir, unless you feel the need to, 7 but it's not required by T.J.J.D. 8 JUDGE POLLARD: Let's just move on to the next 9 item, then. 1.9; consider, discuss, and take appropriate 10 action on revision of Kerr County Juvenile Detention Facility 11 Policy and Procedure Manual. 12 MR. DAVIS: Okay. Now, these are areas of 13 noncompliance what I'm going to give you. I apologize for 14 not giving you these before today, but we finished them this 15 morning, actually. So -- and I provided them to the County 16 Attorney right before we started, so she has not had time 17 to -- 18 MS. STEBBINS: I looked at them. 19 MR. DAVIS: -- do too much review of them. And I 20 apologize again for the short notice. I do have a few things 21 here. 22 MS. STEBBINS: They're fine. I looked at them. I 23 don't -- thank you. 24 MR. DAVIS: You've already got them? 25 MS. STEBBINS: I have them. 11-24-14 32 1 MR. DAVIS: That's the first one. The only thing 2 that's changed is the section that's highlighted. What we 3 physically did was the State wanted us to -- on this item, 4 they wanted us to put a grievance box in the open area. 5 Sorry, I slighted you one, I believe. 6 COMMISSIONER LETZ: It's okay, we read it. 7 MR. DAVIS: That's on that one. They wanted a 8 grievance box in the open area. On the next one, just -- we 9 had a noncompliance because there was a complaint made by a 10 juvenile, and the response for the investigation was not 11 within the 24-hour window because the juvenile was released 12 prior to us being able to complete the investigation. And so 13 we -- that policy should address that issue. And then, 14 finally, as we were talking about the -- 15 JUDGE POLLARD: What happened about that one being 16 released? 17 COMMISSIONER LETZ: The last page. 18 JUDGE POLLARD: Okay. 19 MR. DAVIS: Well, because the juvenile was 20 released, Your Honor, we could not complete the 21 investigation, because the child was not in the facility. 22 JUDGE POLLARD: How did he get released? 23 MR. DAVIS: By the Court. 24 JUDGE POLLARD: I did it? 25 MR. DAVIS: No, sir, it was actually an 11-24-14 33 1 out-of-county child. 2 JUDGE POLLARD: Okay. (Laughter.) 3 COMMISSIONER BALDWIN: I think he's making this up 4 as he goes along. 5 MR. DAVIS: I am, every word of it. 6 SHERIFF HIERHOLZER: Some of these you can't make 7 up if the State's doing it. 8 MR. DAVIS: Anyway, Judge, Commissioners, I would 9 ask approval of these amendments to the policy and procedure 10 manual. I expect I'll be back in a couple weeks with some 11 additional items, and probably seeking some assistance on a 12 contract with a dietitian of some level. 13 COMMISSIONER BALDWIN: Let me ask you -- 14 MR. DAVIS: Yes, sir? 15 COMMISSIONER BALDWIN: Let's be clear here. You 16 want a grievance box; that's a change. 17 MR. DAVIS: Yes, sir, we've added that. 18 COMMISSIONER BALDWIN: And then what are -- what's 19 this other -- 20 MR. DAVIS: On here, this section, that's actually 21 the meal plans, and saying that we'll review the meal -- I 22 think that's the document. 23 COMMISSIONER BALDWIN: It is. 24 MR. DAVIS: Saying that we'll come into compliance 25 with the standard on the meal plan, basically. 11-24-14 34 1 COMMISSIONER BALDWIN: And that's a change as well. 2 MR. DAVIS: That's correct. 3 COMMISSIONER BALDWIN: So there's two -- we're 4 going to vote on two changes. 5 MR. DAVIS: Three. 6 COMMISSIONER BALDWIN: Tell me the third one, 7 please. 8 MR. DAVIS: The third one was -- 9 MS. STEBBINS: Staff training. 10 MR. DAVIS: Back up. The food and meal plans, the 11 grievance box. 12 COMMISSIONER BALDWIN: Uh-huh. 13 MR. DAVIS: And then I gave you the third one that 14 is talking about the staff training. 15 COMMISSIONER BALDWIN: Oh, yeah. 16 MR. DAVIS: On the appeal process. 17 COMMISSIONER BALDWIN: So moved. 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: Been moved and seconded. Is there 20 any further discussion? There being none, those in favor, 21 signify by raising your right hand. 22 (The motion carried by unanimous vote, 3-0.) 23 JUDGE POLLARD: It's 3-0, unanimous. I'm sure the 24 grievance box is going to be filled up with, "I don't belong 25 in here." "I want to be out of here." 11-24-14 35 1 MR. DAVIS: Yes, sir. 2 JUDGE POLLARD: That's really going to be 3 important. All right. Thank you, Jason. 4 MR. DAVIS: Thank you, Your Honor. 5 JUDGE POLLARD: 1.10; review, discuss, and take 6 appropriate action on authorization of filling vacant 7 positions at Kerr County Juvenile Facility. 8 MR. DAVIS: Your Honor, Commissioners, the last 9 item that I have today is -- 10 JUDGE POLLARD: These are budgeted positions? 11 MR. DAVIS: They are budgeted positions. We had 12 one of our full-time female officers leave. We would like to 13 move one of our part-time female officers into that position, 14 and then we have -- we actually already have one opening for 15 a part-time position, and now moving this -- I would like to 16 move one of our part-timers to full-time, and then fill that 17 part-time position. 18 SHERIFF HIERHOLZER: He'll probably end up with 19 another part-time, and maybe two more. I'm hiring his 20 people. 21 MR. DAVIS: The Sheriff is swiping my people, sir. 22 But I'll be back to this Court in a couple weeks, it sounds 23 like. So for now, these three positions, I would like to 24 fill. They are budgeted positions, no additions. We're just 25 filling the vacant holes and moving people around, with the 11-24-14 36 1 Court's permission. 2 JUDGE POLLARD: Kind of hard to keep a staff going 3 with the Sheriff stealing them all. 4 MR. DAVIS: It really is. 5 SHERIFF HIERHOLZER: See, the thing is, the ones 6 I'm hiring would love to stay out there part-time and keep 7 doing their part-time, but because of the rules -- state 8 rules, they can't work for me and them. Not county rules. 9 State. They can't work for an adult detention facility and a 10 juvenile detention facility at the same time. So I'll just 11 steal them. 12 JUDGE POLLARD: The only thing worse than state 13 rules are federal rules. 14 SHERIFF HIERHOLZER: Oh, don't even get either one 15 of us started on that. 16 MR. DAVIS: No, sir. 17 JUDGE POLLARD: All right. You need a motion on 18 that? 19 MR. DAVIS: Yes, sir, if you don't mind. 20 COMMISSIONER BALDWIN: Judge, I move for approval. 21 JUDGE POLLARD: Is there a second? 22 COMMISSIONER LETZ: Second. 23 JUDGE POLLARD: It's been moved and seconded for 24 approval of Item 1.10. Any further discussion? There being 25 none, those in favor, signify by raising your right hand. 11-24-14 37 1 (The motion carried by unanimous vote, 3-0.) 2 JUDGE POLLARD: It's 3-0. 3 COMMISSIONER BALDWIN: I would like to make a 4 comment on that. 5 JUDGE POLLARD: Unanimous. Go ahead. 6 COMMISSIONER BALDWIN: I see these kind of things 7 when they're -- when they're budgeted like this as, really, 8 he doesn't have to get permission from us, in my opinion; 9 that he can just go ahead and do it. But then, to me, this 10 turns into an information point that he's bringing to 11 Commissioners Court, and I appreciate that. Thank you. 12 MR. DAVIS: Thank you, Commissioner. If I may, 13 Your Honor and Commissioners, real briefly, I just want to 14 publicly absolutely thank and give thanks to everyone within 15 county government that's given us, through this audit -- 16 there's been a lot of them -- help. The Sheriff's staff, 17 Tim's staff, just anything that we've -- when the state 18 auditors are here, they would come in and make some -- some 19 pretty absurd requests, in my mind, and everyone was a huge 20 help to me, to the facility. We're very thankful. I just 21 want to publicly thank especially the Sheriff's staff and Tim 22 and his staff. They did an outstanding job in supporting us. 23 Thank you all. May I be dismissed? 24 COMMISSIONER REEVES: Thank you. 25 MR. DAVIS: Thank you. 11-24-14 38 1 JUDGE POLLARD: All right. Item 1.11; consider, 2 discuss, and take appropriate action on request to use Flat 3 Rock Lake Park for soccer tournaments. Elias Gomez, through 4 an interpreter. 5 MR. GOMEZ: Buenos días a todos. 6 MS. CRUCES: Good morning, everybody. 7 COMMISSIONER BALDWIN: Morning. 8 (Mr. Gomez spoke in Spanish.) 9 MS. CRUCES: He's just interested to see if y'all 10 will let him use the facility that y'all came to an agreement 11 with. 12 (Mr. Gomez spoke in Spanish.) 13 MS. CRUCES: He has the application for the 14 insurance, but they suggested to him that they don't want to 15 go ahead and give it to him until it's for sure that he's 16 going to be able to use the Flat -- is it Flat Rock? 17 COMMISSIONER LETZ: I mean, as I said before, I 18 think he has the ability to use the park with or without 19 this. I think the agreement's a good idea. I like the form 20 of the agreement. I think it's something we should probably 21 use with a lot of other people that we make arrangements for 22 continued use, other events at the park. 23 JUDGE POLLARD: Have you approved the form of the 24 agreement? 25 MS. STEBBINS: Yes, sir. 11-24-14 39 1 COMMISSIONER LETZ: It's pretty -- basically as I 2 read the agreement, it's -- it just gives them -- protects 3 the County, and just gives him a very limited use, to make no 4 improvements on the facility, just play soccer there. And 5 he's required to have security, which is a -- really, my most 6 important thing, and insurance. I have no problem with a 7 trial, see how it goes. 8 JUDGE POLLARD: I think we ought to adopt that 9 procedure and contract on all our agreements, on our 10 activities out there. 11 COMMISSIONER REEVES: Would the County Attorney be 12 okay if we approved this subject to obtaining proof of 13 insurance before he does anything? Because -- 14 MS. STEBBINS: Yes, sir. 15 COMMISSIONER REEVES: Because, evidently, the -- 16 the insurance company won't write a policy until the 17 agreement's in place, so if we could make a motion, I'll -- 18 and I'll make the motion to approve the agreement -- 19 JUDGE POLLARD: Contingent upon -- 20 COMMISSIONER REEVES: -- contingent upon being 21 provided proper proof of insurance covering Kerr County prior 22 to any soccer events being held. 23 MS. STEBBINS: And I believe he's got some time in 24 the agreement to provide us with insurance before they use 25 it. So, he has to provide us within a certain number of 11-24-14 40 1 days, I believe. 2 COMMISSIONER REEVES: Right. 3 COMMISSIONER LETZ: But either way, this is -- that 4 would be acceptable. 5 COMMISSIONER REEVES: Right. Right. 6 COMMISSIONER LETZ: Okay. Second. 7 JUDGE POLLARD: Needs to have a -- a provision in 8 there with the insurance agent, too, that if it ever -- 9 policy ever lapses, they -- the agent has to notify us. 10 MS. STEBBINS: I don't know if that's there. 11 JUDGE POLLARD: For example, nonpayment of premium. 12 If that happens somewhere along the way, I think we need to 13 be notified immediately. 14 MS. STEBBINS: I think he's required to give us 15 notice. 16 JUDGE POLLARD: Yeah, that's -- but I want the 17 agent to be required to do that too. Okay? 18 COMMISSIONER LETZ: So, I have no problem with 19 making that amendment to the lease, if -- if the -- you know, 20 assuming the -- 21 COMMISSIONER BALDWIN: Judge, I'd like to see -- 22 Letz actually brought this point up, and I agree a thousand 23 percent. 24 COMMISSIONER LETZ: Twice. That's twice. 25 COMMISSIONER BALDWIN: That's twice today. And 11-24-14 41 1 we're going to Frank's Lounge as soon as the break time comes 2 up. The -- the fact that -- I think we need to have a 3 review, like a six-month review of this thing. I don't know 4 if it belongs in this -- this document, but somewhere. It 5 may be just a verbal -- 6 JUDGE POLLARD: What's the term set forth in the 7 proposed contract? 8 MS. STEBBINS: That we can cancel at any time. 9 COMMISSIONER LETZ: There's no -- 10 COMMISSIONER BALDWIN: And let me tell you the 11 reason. I had -- I've had several constituents express 12 concern about this, because it's just -- there's lots of 13 things going on. The dog park thing is a big deal. That's a 14 big deal. If we ever change that, y'all are going to do it 15 without me. And it's -- you know, I've just had some 16 constituents that are concerned about it, and I need to pay 17 attention to my constituents. And so, you know, if we could 18 -- and I think the answer to it is instead of saying no here 19 today, is that we have a six-month review or a three-month 20 review, or one -- 21 JUDGE POLLARD: See how it works out. 22 COMMISSIONER BALDWIN: See how it works out. We'll 23 come back and take a look at it again. 24 JUDGE POLLARD: Have a trial period. 25 COMMISSIONER LETZ: The term of the agreement is 11-24-14 42 1 one year, the way it's written, which we can do a six-month 2 term. 3 COMMISSIONER BALDWIN: I think six months is -- is 4 a -- is the number that just rattles around in my head. 5 MS. STEBBINS: We can cancel at any time if it 6 doesn't work. 7 COMMISSIONER LETZ: Right. But I think six months 8 gets it back before us. 9 COMMISSIONER BALDWIN: We'll bring it back -- bring 10 it back as an agenda item to just have a visit. "Hey, how's 11 it going out there?" 12 JUDGE POLLARD: A trial run, see -- we see where 13 the conflicts are, if any, and if it runs smooth, why, 14 then -- 15 COMMISSIONER LETZ: I think, on the insurance, I 16 think we just have -- we should require that it's prepaid for 17 six months, since it's a six-month policy. That way we don't 18 have to worry about people notifying us and all that. 19 JUDGE POLLARD: Well, if it's possible to buy a 20 six-months policy. I'm not even sure you can do that, but -- 21 COMMISSIONER LETZ: There are -- I don't know 22 anything about soccer, but I know in baseball, you can buy it 23 for a tournament. 24 JUDGE POLLARD: Okay. 25 COMMISSIONER LETZ: So -- 11-24-14 43 1 COMMISSIONER BALDWIN: So the six-month deal that 2 I'm talking about, do you put it in this agreement? 3 COMMISSIONER LETZ: Change the term to six months. 4 COMMISSIONER BALDWIN: I'm sorry? 5 JUDGE POLLARD: I think you can still have -- you 6 can retain your one-year term, but provide that we come 7 before -- it comes -- it has a provision in that it we can 8 cancel at any time. 9 COMMISSIONER BALDWIN: Yeah. 10 JUDGE POLLARD: So we put it on the agenda for six 11 months, and have somebody come in and report on it at that 12 time. If it flies right and no problems at that time, then 13 we can take no action and let it go on. If there are 14 problems, then we can cancel it if we have to. I think that 15 solves your problem, too, doesn't it? 16 COMMISSIONER LETZ: That's fine. 17 COMMISSIONER BALDWIN: Yeah. And by us saying that 18 just now, that does it? 19 JUDGE POLLARD: Yeah, I think so. 20 COMMISSIONER BALDWIN: Okay. 21 COMMISSIONER LETZ: Jody -- it's up to Jody. 22 COMMISSIONER BALDWIN: Okay, Jody. 23 JUDGE POLLARD: County Attorney agree? 24 MS. STEBBINS: Just to bring it back for review in 25 six months? 11-24-14 44 1 JUDGE POLLARD: Six months, yeah. 2 COMMISSIONER LETZ: But not put it in the 3 agreement, necessarily. 4 MS. STEBBINS: Okay, that's fine. I don't know 5 about putting in the agreement that we bind the insurance 6 company to notify us if the policy is canceled, because we're 7 entering the agreement with him. 8 JUDGE POLLARD: You can do that by getting a letter 9 from the agent to the County promising to notify us if that 10 -- in the event of -- see, they send out a notice of 11 cancellation in the event of nonpayment of premium or some 12 other problem. All they got to do is just add us and send us 13 a notice of that too. They have to send them one, and they 14 send us one. Okay? Can we arrange that? 15 MS. STEBBINS: I can just make a call to -- 16 JUDGE POLLARD: See if you can get the agent to do 17 that. Okay. All right. 18 COMMISSIONER LETZ: We're -- but we're listed as 19 additional insured, correct? 20 MS. STEBBINS: Yes, sir. Yes. 21 COMMISSIONER REEVES: So we'll get notified if they 22 drop us. 23 MS. STEBBINS: Notified either way. 24 JUDGE POLLARD: That may do it, yes. 25 MS. STEBBINS: Okay. All right. Is this -- is 11-24-14 45 1 there a motion approving this? 2 COMMISSIONER LETZ: I think I made a motion. Did I 3 make a motion? 4 THE CLERK: We have a motion. We don't have a 5 second. 6 COMMISSIONER BALDWIN: Second. 7 COMMISSIONER REEVES: I made the motion. 8 JUDGE POLLARD: All right. As I understand it, the 9 motion has been made that we approve it with -- I think it's 10 a one-year term in it, and that it's conditioned upon our 11 being furnished with evidence of the insurance being in 12 effect. And are there any other terms -- and that we're 13 asking that it be brought back before the Commissioners Court 14 in six months. Is that all part of the motion? 15 COMMISSIONER REEVES: Yes. 16 JUDGE POLLARD: Did I cover that? 17 COMMISSIONER REEVES: Yes. 18 JUDGE POLLARD: All right. Any further discussion? 19 COMMISSIONER LETZ: He made the second. Did you 20 second it, Buster? 21 COMMISSIONER BALDWIN: Yes. 22 JUDGE POLLARD: All right. There being no further 23 discussion, those in favor, signify by raising your right 24 hand. 25 (The motion carried by unanimous vote, 3-0.) 11-24-14 46 1 JUDGE POLLARD: It's 3-0, unanimous. 2 Congratulations. Thank you, sir. 3 MS. CRUCES: He's -- sorry. He's asking about 4 leveling it. 5 COMMISSIONER REEVES: No. 6 MS. CRUCES: No. 7 COMMISSIONER LETZ: Not now. 8 COMMISSIONER BALDWIN: He might want to go talk to 9 the City; maybe they have something nice and level. 10 JUDGE POLLARD: He's -- tell him the City might 11 have something that's nice and level for him. 12 (Mr. Gomez spoke in Spanish.) 13 MS. CRUCES: He says that the City uses all their 14 -- all their facilities, and they won't let him use one. 15 COMMISSIONER BALDWIN: Doggone it. What? 16 (Mr. Gomez spoke in Spanish.) 17 COMMISSIONER BALDWIN: The library, now the 18 landfill. This beats anything I've ever seen. 19 JUDGE POLLARD: Has he talked to the mayor? 20 (Mr. Gomez spoke in Spanish.) 21 MS. CRUCES: To Tina and somebody -- there's 22 somebody above Tina. He's not sure about the name. 23 MS. STEBBINS: It's Malcolm. 24 JUDGE POLLARD: Tell him that he really needs to 25 talk to the mayor about it. 11-24-14 47 1 (Mr. Gomez spoke in Spanish.) 2 MS. CRUCES: He's already done that. 3 COMMISSIONER BALDWIN: He's going to have to hire 4 an attorney; I see it. 5 (Mr. Gomez spoke in Spanish.) 6 COMMISSIONER BALDWIN: Oh, that was good. That was 7 so good. 8 MS. CRUCES: They told him that the city parks 9 we're being used, and he says that apparently they're not 10 being used, but they told him that they were. 11 COMMISSIONER BALDWIN: Spread the word. 12 JUDGE POLLARD: Who was it that told him they were 13 being used -- or they weren't being used? 14 MS. CRUCES: Christina. 15 JUDGE POLLARD: Christina? 16 COMMISSIONER LETZ: Kristine Day, I would assume, 17 Assistant City Manager. 18 COMMISSIONER REEVES: Tell him hopefully this will 19 work out for his needs. 20 JUDGE POLLARD: He really needs to go to the top 21 and talk with the mayor. He really does. 22 MR. GOMEZ: Okay, thank you. 23 MS. CRUCES: Thank you. 24 COMMISSIONER LETZ: Good luck. 25 JUDGE POLLARD: All right. Item 1.12; consider, 11-24-14 48 1 discuss, and take appropriate action on contract between 2 Ricoh and Kerr County for copier in Commissioners Court 3 office. This is a special request, I think, by Commissioner 4 Baldwin. 5 COMMISSIONER BALDWIN: Yes, sir, I wanted to kind 6 of spend some time -- I never get the hot press like you guys 7 get, so I thought I'd put something real heavy on the agenda. 8 I need the attention. I can't operate or function without 9 the attention. That's what it's all about. So -- but while 10 we're here, we might as well approve the agreement so that we 11 can make copies like this. And pricing remains the same; 12 nothing changes. We've contracted with these folks for a 13 number of years, and Jody likes them. 14 JUDGE POLLARD: Well, that's good. 15 COMMISSIONER BALDWIN: That did it right there. 16 So, I move for approval. 17 MS. STEBBINS: I did make one change to the 18 indemnification language in one of the parties on the 19 attachment, and I gave it to Jody first thing this morning. 20 So -- 21 JUDGE POLLARD: As recommended with the -- 22 including the change as recommended by the County Attorney. 23 MS. STEBBINS: Yes, sir. 24 JUDGE POLLARD: That's the motion. 25 COMMISSIONER LETZ: That's the motion; that's my 11-24-14 49 1 second. 2 JUDGE POLLARD: All right. Any further discussion? 3 There being none, those in favor, signify by raising your 4 right hand. 5 (The motion carried by unanimous vote, 3-0.) 6 JUDGE POLLARD: It's 3-0, unanimous. All right. 7 COMMISSIONER BALDWIN: Thank you guys so much. 8 JUDGE POLLARD: All right, let's go to 1.13; 9 consider, discuss, and take appropriate action to approve 10 adding volunteer coverage to our 2015 workers' compensation 11 policy, under the four TAC classifications: Volunteer 12 firefighters, volunteer law enforcement, volunteer emergency 13 medical personnel, and volunteers-all other, which is sort of 14 broad. 15 MS. LANTZ: It is. Good morning, Judge, 16 Commissioners. I received notification from TAC about our 17 workers' compensation coverage for this coming year, 2015. 18 In the past, we have covered the volunteer firefighters and 19 First Responders under one specific line item as volunteers. 20 However, this year for the upcoming 2015, they're wanting to 21 divide those out, meaning there will be specific 22 firefighters, law enforcement, EMS personnel, and other, 23 which can be like your election workers and those kind of 24 volunteers or employees that we bring on staff. 25 JUDGE POLLARD: What difference would this make in 11-24-14 50 1 our premium? 2 MS. LANTZ: Right now, with our volunteer 3 firefighters and First Responders, we cover about $130,000 in 4 wages. Each individual that we bring onto the policy, we 5 have to multiply that times $5,200. So, basically, I would 6 need a head count of how many of those volunteers that we do 7 cover, and then multiply that by 5,200. And then it's a 8 percentage. 9 JUDGE POLLARD: What's your best guess as to how 10 many there are? 11 MS. LANTZ: Right now, I have 25 volunteer 12 firefighters and First Responders. 13 JUDGE POLLARD: 25 times $5,200? 14 MS. LANTZ: Mm-hmm. And that's 130,000. 15 SHERIFF HIERHOLZER: But she pays a small 16 percentage of that, is the actual premium. 17 MS. LANTZ: And right now I don't cover any law 18 enforcement -- 19 SHERIFF HIERHOLZER: Which -- 20 MS. LANTZ: -- under the volunteers, which I was 21 discussing with the Sheriff. He does have -- 22 SHERIFF HIERHOLZER: I had a few -- I have reserve 23 officers. I have about 20 volunteers that are -- that work 24 in the jail doing our religious services and G.E.D. classes, 25 things like that. We've just started the CERT program, the 11-24-14 51 1 Citizens Emergency Response Team. We've got 42 that are 2 certified in that now, okay? So, I've probably -- I'm going 3 to have well over 100 shortly, but I'm not sure -- we've 4 never had to worry about that before. And reserves were 5 different. Until I can really sit down with her and we can 6 get with TAC, I don't know what they are meaning by 7 "volunteer law enforcement." You know, what is their 8 definition of that word? Is that a person that's coming in 9 and volunteering for, you know, counseling and church 10 services inside that jail? Are they -- do they fall under 11 that volunteer law enforcement? I don't know. And until I 12 can get those things answered, I don't know. But it -- 13 either way -- 14 JUDGE POLLARD: Seems to me we're a little 15 premature until we know the answer. 16 MS. LANTZ: Just to clarify, these are optional. 17 We're not required by law to cover these. The only thing we 18 have done in the past are volunteer fire department and the 19 First Responders. 20 COMMISSIONER REEVES: But it needs to be broken out 21 into these classifications for -- 22 MS. LANTZ: For 2015 year. 23 COMMISSIONER REEVES: And we're not having to cover 24 all of them. And the biggest thing is to break these out 25 into the classifications to make sure our volunteer 11-24-14 52 1 firefighters are still covered. 2 MS. LANTZ: And First Responders. 3 COMMISSIONER REEVES: And First Responders. The 4 other two, we could see what it costs and add them to it, but 5 we just need to be able to modify -- or order the coverage in 6 this the way we have it now. 7 SHERIFF HIERHOLZER: But I have had -- and I know 8 they've been covered under workers' comp, is our reserve, any 9 reserve peace officers. Most of them are former deputies 10 that have decided they still want to be a reserve. I think I 11 have one or two right now, but they work a full regular shift 12 at times, and as far as I know, they've always been covered. 13 And I think they have to be covered under -- 14 JUDGE POLLARD: I repeat my question. I want to 15 know what the bottom line dollars are, and whether or not 16 that's -- how that's going to wreck our budget. 17 COMMISSIONER LETZ: What -- the question I have is, 18 what's the timing on this? I mean, is it end of the year? 19 Or are we -- 20 MS. LANTZ: What they do is they take our last 21 year's payroll, and they calculate our payroll and see how 22 many employees that we have full-time. We have those numbers 23 set; these are just additional. And in the past, we've had 24 several firefighters that have been injured. It has not 25 caused our rates to go up by any means, but this is just 11-24-14 53 1 insuring that if something -- someone is brought on as a 2 volunteer, that we're going to cover him under those 3 specified areas. Chances are nothing will happen, but 4 chances are you never know. 5 COMMISSIONER LETZ: I think we -- I agree kind of 6 with the Judge on this; I think we need to -- as long as 7 we're not -- it's kind of like an insurance audit. 8 MS. LANTZ: Right. 9 COMMISSIONER LETZ: So it's done almost a year 10 after the fact. I think we need to clarify with TAC what the 11 definitions of these volunteers are so that we can then make 12 a decision, and that will give us a number -- a head count, 13 and then that will give us a cost. 14 SHERIFF HIERHOLZER: Well, and under workers' 15 comp -- workers' comp is to help cover you for being injured 16 and not able to work. A lot of my volunteers, especially 17 jail or -- or some of the surplus, are retired individuals, 18 okay? So, does that still -- what kind of effect is that 19 going to have? That's not going to change these people's, 20 you know, income status at all if they were injured, because 21 they're retired. 22 COMMISSIONER LETZ: Unless they -- 23 JUDGE POLLARD: Most workmen's compensation 24 coverage is -- your premium is determined by your amount of 25 payroll. And then there's a classification for each type of 11-24-14 54 1 -- type of work. Now, volunteers, I guess, are not getting 2 any payroll. I can't conceive of an insurance company that's 3 going to extend insurance coverage to somebody for nothing. 4 I mean, they're going to want some money for this. 5 MS. LANTZ: And that's why they're allocating that. 6 JUDGE POLLARD: I want to know what that is, and 7 what the increased cost is, and I want to know what effect 8 it's going to have on our budget. We've already adopted our 9 budget for 2015. We got a $370,000 shortfall. I was unhappy 10 with that. And this may make it worse, and I'll be more 11 unhappy. I want to know about this before we -- before we do 12 something, and I want to -- I want the Auditor to run it by 13 too and tell us what she thinks about it. 14 COMMISSIONER REEVES: In this e-mail with your -- 15 or your packet, Dawn, it says in order for your county to 16 make changes regarding adding and removing optional 17 coverages, the workers' comp labor code for political 18 subdivisions requires a majority vote by the commissioners 19 court. We need to receive one copy of your court meeting 20 minutes confirming the Court's decision on coverage changes 21 related to these optional coverages. And it says volunteer 22 firefighters. Last year, volunteer First Responders was 23 selected, but this year we divided the category out into 24 firefighters, law enforcement, and EMS, and you reported 25 volunteer payroll for fire only. Therefore, we need the 11-24-14 55 1 minutes confirming that you just wish to cover that one 2 class, and not the law enforcement or emergency medical 3 personnel. So, I guess -- 4 MS. LANTZ: And that is all we've ever covered. 5 COMMISSIONER REEVES: Is the firefighters? 6 MS. LANTZ: Yes. 7 COMMISSIONER REEVES: Okay. And we're covering 8 those already in the current budget? 9 MS. LANTZ: Yes. 10 COMMISSIONER REEVES: And so -- 11 MS. LANTZ: They're just giving you more options. 12 They're splitting those options, which your volunteer 13 firefighters have the First Responders that work under them. 14 COMMISSIONER REEVES: So, if we covered the 15 volunteer firefighters, you assume we'd have the First 16 Responders covered too? 17 MS. LANTZ: Well, that's how it was. Now they're 18 splitting it. 19 COMMISSIONER REEVES: Okay. 20 MS. LANTZ: So we have to -- you have your 21 firefighters, and now you have your EMS. Because -- 22 JUDGE POLLARD: They want us to consciously say 23 we're going to cover them in a motion. For all of them, 24 that's going to include our firefighters and First Responders 25 too. I'm not saying I'd be opposed to doing this. I'm just 11-24-14 56 1 saying I want to know what's it's going to cost us. 2 MS. LANTZ: And -- 3 JUDGE POLLARD: And make sure we can handle it. I 4 don't like buying a pig in a poke, okay? 5 SHERIFF HIERHOLZER: My understanding was the 6 volunteer fire departments all carried their own workers' 7 compensation insurance. 8 COMMISSIONER BALDWIN: That's what I thought, too. 9 COMMISSIONER LETZ: We pay theirs. 10 SHERIFF HIERHOLZER: Okay. 11 COMMISSIONER BALDWIN: We give them the money, and 12 they -- 13 SHERIFF HIERHOLZER: We've had reserve peace 14 officers, reserve deputies for years, and I've always been 15 under the opinion they've been covered under workers' comp. 16 And they -- 17 COMMISSIONER LETZ: We need to clarify it and bring 18 it back so we don't get -- I think it will be cleaner from 19 TAC's standpoint if we do the research and do it in one court 20 order, rather than do part now and part later. 21 JUDGE POLLARD: I agree. 22 COMMISSIONER LETZ: Which is we need to find out 23 definitions. 24 JUDGE POLLARD: All right. 25 COMMISSIONER LETZ: And cost. 11-24-14 57 1 COMMISSIONER BALDWIN: I am in the process of 2 trying to get the city of Kerrville EMS people to come here 3 and give us an annual report on the First Responder program 4 that we've been -- they've come over here once or twice a 5 year for years and years and years, and having a hard time 6 figuring out who's in charge or something. We can't -- 7 JUDGE POLLARD: Well, there's only one person in 8 charge. 9 COMMISSIONER LETZ: Okay. 10 COMMISSIONER BALDWIN: Well, that's true, but he's 11 tied up with the -- he's tied up with the soccer thing now. 12 But -- so at the same time -- at the same time, if the EMS 13 guy can come over and give us a report on First Responders, 14 you know, define "First Responder," 'cause that has changed 15 in the last few years. 16 JUDGE POLLARD: And why have they ceased doing what 17 they normally did? 18 COMMISSIONER BALDWIN: Yeah. 19 JUDGE POLLARD: I'd like to know about that, too. 20 COMMISSIONER BALDWIN: I think they're going to 21 come. It's just maps or something; I don't know. Anyway, 22 there's -- you know, the First Responder program, I don't 23 know how many we have. Some of them are certified, some of 24 them are not. 25 JUDGE POLLARD: Okay. Let's bring that back on the 11-24-14 58 1 agenda after we've gotten some clarification on this. Is 2 that agreeable? 3 COMMISSIONER BALDWIN: Yes, sir. 4 JUDGE POLLARD: Okay. Let's go to 1.14; consider, 5 discuss, and take appropriate action on reconciliation of the 6 funding of the Certificates of Obligation. Well, 7 Commissioner Moser is not here today. Does anybody want to 8 speak to that issue? 9 COMMISSIONER LETZ: Might as well go ahead and do 10 it; it's on the agenda. 11 JUDGE POLLARD: Okay. 12 COMMISSIONER LETZ: I presume the Auditor has it. 13 JUDGE POLLARD: Okay. 14 COMMISSIONER LETZ: We can put it in his box. 15 MS. STEBBINS: Thank you, sir. 16 COMMISSIONER BALDWIN: Yes, ma'am. 17 MS. HARGIS: Did she get one? 18 COMMISSIONER REEVES: Yes. 19 MS. HARGIS: This basically shows the remaining 20 amount of funds in each -- each issue, and -- and what it was 21 originally designated for. 22 COMMISSIONER LETZ: The amounts that -- that I 23 would recommend, the highlighted numbers are the numbers that 24 -- the next agenda item, which approves it, I would recommend 25 reallocating towards the Ag Barn is some money for the fire 11-24-14 59 1 station out of 2010 unallocated funds, which is kind of just 2 a combination of things that weren't spent, I assume. Show 3 barn, phase one, there's a little bit left over, then some 4 unallocated funds out of the 2012 issue. 5 JUDGE POLLARD: Looks like about -- 6 MS. HARGIS: 162,732. If you turn to the second 7 page, that also adds up all that unallocated. 8 JUDGE POLLARD: $152,000 -- 9 MS. HARGIS: 162,732. 10 JUDGE POLLARD: Funds being -- and you want to move 11 that over to the -- 12 COMMISSIONER LETZ: Right, that's under the next 13 agenda item, specific action. This is just a -- this is -- 14 really, I don't think there's any action required on this. 15 This is just a report that Commissioner Moser requested as to 16 what -- where the funds are, and it does show that. The only 17 concern I have on this is that the -- under 2009, the 18 courthouse renovations, 17,000. Is that -- my understanding 19 is it has to be spent pretty quickly? 20 MS. HARGIS: The 17,000 needs to be spent, yeah. 21 We have five years before we have arbitrage, and so we need 22 to move these things out. Either we need to reallocate them 23 at the end of the fourth year -- the law says you have three 24 years to do a project, unless your architect or engineer says 25 that there's a reason for the delay. And most of the time 11-24-14 60 1 they give you five years. So, even though we're not under 2 arbitrage on some of these issues, we need -- they still look 3 at this. Just because you have a small issue of less than 4 five million doesn't mean you're not subject to arbitrage if 5 they decide, so we need to move it out. It's also difficult 6 to keep track of once it's that old. 7 COMMISSIONER LETZ: I'm in favor of moving them out 8 as quick as we can so we don't have to -- I mean, that's 9 what's we borrowed the money for, so we should do what we 10 say. But that 17,000, that is for the carpet upstairs, 11 correct? Is that what we're going to use that -- and that 12 321,000 out of 2001, the courthouse renovations -- 13 MS. HARGIS: Right. We don't need all of that; we 14 just need some of it for the carpet. I'm not sure -- now 15 that we've replaced the other flooring because of the flood, 16 I'm not exactly sure how much the remainder's going to cost, 17 but it's my understanding that we -- we're going to put the 18 same type of flooring that we have in the hallways into the 19 courtroom open areas. But we still need the carpet, and they 20 didn't want to do the carpet until you finished the doors, so 21 I'm waiting on him to do the door. 22 SHERIFF HIERHOLZER: And the doors, I think that 23 construction, last time I talked, was supposed to be next 24 month, December. December is a very slow month for the 25 courts, so that they can get in and do renovations in there. 11-24-14 61 1 And then I know that all those hallways -- and y'all have 2 been up there -- have got to be redone, and I don't know what 3 effect it's going to have inside the courtroom when they 4 remove some of those chairs in there. Like, if we're going 5 to have to re -- recarpet at least the large courtroom, I 6 don't know. 7 MS. HARGIS: Well, the courtrooms are scheduled to 8 totally be recarpeted, but we want you to get your door done. 9 SHERIFF HIERHOLZER: Right, and I agree. 10 MS. HARGIS: Once they get the door, then we can 11 recarpet; it probably should be simultaneously. I think we 12 had originally a bid, I think, for all the courtrooms and the 13 hallways and everything of around 35,000 to 40,000, and then 14 we've replaced some of that already. But -- so we need Tim 15 to give us an additional bid, if he can, at the next court 16 date, and then we'll be ready to -- to move the two things -- 17 projects at the same time. 18 COMMISSIONER LETZ: Jody, since the Maintenance 19 Director is out this week, can you make a note to have him 20 come back to our next court meeting with an estimate and 21 timeline to finish this project, so we can zero those two 22 lines out? 23 JUDGE POLLARD: Okay. 24 COMMISSIONER LETZ: And I'll just make another 25 comment, just on the schedule here. There's still 200 and -- 11-24-14 62 1 well, 39,387 and 218,823 remaining for I.T. to spend. The 2 Sheriff's Department for patrol vehicles is 183,701. And 3 then out of the 2014 issue, there's -- as of this date, there 4 was 417,859 in the balance for the exhibit hall -- or event 5 hall, 200,000 for Environmental Services for that new 6 building, $893,043 remaining for the Sheriff's communication, 7 and the parks has 100,000 here, though some of that has been 8 allocated. 9 JUDGE POLLARD: Is that going to be enough for your 10 communications, Sheriff? 11 (The Sheriff shook his head.) 12 MS. HARGIS: That was what was budgeted. That's 13 about -- 14 SHERIFF HIERHOLZER: I think that's a million, the 15 original one million. 16 MS. HARGIS: It's a million, one. 17 SHERIFF HIERHOLZER: I think if you look, it's 18 probably a million, okay? 19 MS. HARGIS: No, it's a million, one. 20 SHERIFF HIERHOLZER: Should have been a million, 21 one, but it's a million, and what was budgeted is a million, 22 and then 133,000 a year for the next three years. 23 COMMISSIONER LETZ: Right. 24 MS. HARGIS: It was budgeted a million, one, and 25 we've spent some of that. The original -- what you paid out 11-24-14 63 1 right now is in here, and then we paid 50,000 for Trott out 2 of a different fund, okay? So, it's a million, one. 3 COMMISSIONER LETZ: Bottom line is, I think -- and 4 I've talked to the Sheriff about this -- that the Sheriff's 5 communications is going to be very tight. There's going to 6 be some maintenance figures that are not eligible that are -- 7 we need to come up with as well, and -- but I think, you 8 know, my recommendation would be, in the future, is there 9 will be a little bit of unallocated probably out of 10 courthouse renovations, from what the Auditor says. To me, 11 that's a priority over some of the parks funding, which some 12 of that was really discussed for the Little League fields, 13 and if the City's going to build a new complex for that, some 14 of that could be used for it. This is a higher priority, as 15 is the Environmental Services building. Then we can 16 reallocate out of future budget if need be; we can get them 17 done. But, anyway, I don't think -- you know, this is the 18 report as requested. So -- 19 JUDGE POLLARD: No action needed. 20 COMMISSIONER LETZ: No action here. 21 JUDGE POLLARD: Okay. I'm going to -- it looks 22 like about nine minutes after 10:00. I'm going to declare a 23 10-minute recess. 24 (Recess taken from 10:09 a.m. to 10:20 a.m.) 25 - - - - - - - - - - 11-24-14 64 1 JUDGE POLLARD: All right. It's 10:20 a.m. on this 2 date, and the Commissioners Court is back in session after a 3 10-minute recess. We're going to go to Item 1.15; consider, 4 discuss, and take appropriate action to reallocate certain 5 funds from 2009 to '10, and 2012 Certificates of Obligations. 6 Commissioner Letz? 7 (Commissioner Moser joined the meeting.) 8 COMMISSIONER LETZ: As we -- 9 JUDGE POLLARD: Welcome, Commissioner Moser. 10 COMMISSIONER MOSER: Thank you. 11 COMMISSIONER LETZ: As we went over on the previous 12 agenda item, the -- those funds that were highlighted on the 13 Certificate of Obligation, I guess, reconciliation, I move 14 that we reallocate those to the Hill Country Youth Event 15 Center project. 16 JUDGE POLLARD: Well, as I understood, one of the 17 items, part of it's going to be used for the carpet and 18 flooring? 19 COMMISSIONER LETZ: No. No, that's -- that's the 20 two items up on top that are not -- 21 JUDGE POLLARD: Okay. 22 COMMISSIONER LETZ: -- designated. 23 JUDGE POLLARD: All right. Any further discussion 24 or questions, then? 25 COMMISSIONER BALDWIN: Yeah. Did you -- I missed 11-24-14 65 1 part of your motion. But was there -- was there a grand 2 total? 3 COMMISSIONER LETZ: It's 162,000 -- 4 MS. HARGIS: 732. 5 COMMISSIONER LETZ: 732. 6 COMMISSIONER BALDWIN: 162,732. 7 COMMISSIONER LETZ: Right. 8 COMMISSIONER REEVES: The items highlighted. 9 COMMISSIONER LETZ: Yes. 10 COMMISSIONER REEVES: I second. 11 JUDGE POLLARD: All right. It's been moved and 12 seconded that we transfer the highlighted items on the 13 previous agenda, the reconciliation that were highlighted, 14 and they total 162,000, what? 15 MS. HARGIS: 732. 16 COMMISSIONER BALDWIN: 732. 17 JUDGE POLLARD: All right. Is there any further 18 discussion? 19 COMMISSIONER MOSER: Yeah. I wasn't standing out 20 in the hall waiting to come in, but I just -- this is the 21 thing I wanted to discuss. And I see this, but what's the 22 basis for these things relative to other priorities in the 23 county, okay? And let me finish my question; it's a two-part 24 question. We started -- we started with -- with 2.4 million 25 or something like that for the exhibit hall. The bids came 11-24-14 66 1 in at 3 million. We took things out, and now we've put 2 everything back. Everything back. 3 COMMISSIONER LETZ: No, that's not true. 4 COMMISSIONER MOSER: Okay, most everything back. 5 COMMISSIONER LETZ: No, that's not true. 6 COMMISSIONER MOSER: So, what's our total? Where 7 are we now, three point what? 8 MS. HARGIS: Second page. 9 COMMISSIONER LETZ: The second page. Now, first 10 let me go into it. The total amount is -- 11 COMMISSIONER MOSER: So it's three point -- 12 COMMISSIONER LETZ: Point six. But a lot of these 13 projects, a lot of what we're doing are things that are 14 related to the projects, certainly, but redoing the fire line 15 had -- you know, was not anticipated. 16 COMMISSIONER MOSER: Yeah. 17 COMMISSIONER LETZ: The fire line was -- and that 18 was a huge number. 19 COMMISSIONER MOSER: Yeah. 20 COMMISSIONER LETZ: Originally, we took the 21 concession stand out, and it still is -- or the -- I guess 22 the catering kitchen out, and the cost of what we are 23 proposing to do now, and have approved already by the Court, 24 is about a hundred and, probably, twenty thousand, rough 25 numbers, cheaper than what was in the original plan. We 11-24-14 67 1 reallocated -- we configured where it goes. There's an 2 $84,000 sliding door that's not included. We took out a 3 sliding door, and that's not been put back in, in the 4 classrooms. So, there's quite a few items that are not -- 5 you know, probably 300,000 right there that came in under the 6 original plan that we took out, that we're not putting back 7 in. The additional costs that we've been spending out there 8 are related to -- we added the rock veneer back, because that 9 was kind of a thing that it was going to cost almost as much 10 to not add it back, because we'd have to change the design of 11 the front. A lot of the gutter work for the arena, that had 12 to go out when we took the building off, figuring out how 13 we're going to connect those. 14 COMMISSIONER REEVES: The waterproofing. 15 COMMISSIONER LETZ: The waterproofing of the arena. 16 There were a lot of things related to projects that I don't 17 think you -- 18 JUDGE POLLARD: The thing for hanging things in 19 there. 20 COMMISSIONER LETZ: Yeah, the hangars. 21 COMMISSIONER REEVES: The sound system. 22 COMMISSIONER LETZ: So, I mean, I think total 23 additions have been pretty minor for the scope of this 24 project. 25 COMMISSIONER MOSER: Well, I can -- and I totally 11-24-14 68 1 subscribe, and would totally endorse things as you get into 2 any development program, which this is, and understanding, 3 "Oops, we forgot this," the fire line. "Oops, we can make 4 this better if we hang this stuff." 5 COMMISSIONER LETZ: Not forget; we didn't know it. 6 COMMISSIONER MOSER: I understand. But -- I didn't 7 mean forget it. That's the things you discover in the 8 development process, which always happens, whether you're 9 building a house or whatever, so I totally go with that. 10 Without -- you know, I apologize for not having read all this 11 stuff before I got here, but that would be my only concern, 12 is the fact that we scaled it back, and it appears to -- but 13 what I'm hearing you say is, no, we really didn't add the 14 stuff back. That was basically all things that were 15 necessary as part of the -- the development of the thing. 16 With that, I can go along with it, okay. So -- 17 COMMISSIONER LETZ: And there was also, on some of 18 the things we cut out, it will be -- I think the next agenda 19 item is one of these -- there's a cost for not doing things 20 sometimes. Like, if you take a wall out, -- 21 COMMISSIONER MOSER: Sure. 22 COMMISSIONER LETZ: -- all of a sudden you got to 23 patch what was going to be there. 24 COMMISSIONER MOSER: I understand. That's part of 25 the -- 11-24-14 69 1 COMMISSIONER LETZ: Okay. 2 COMMISSIONER MOSER: -- evolution of development. 3 COMMISSIONER LETZ: Okay. 4 COMMISSIONER MOSER: Okay. 5 COMMISSIONER REEVES: Is there a second? 6 THE CLERK: No. 7 COMMISSIONER REEVES: I second. 8 JUDGE POLLARD: What's the motion? 9 COMMISSIONER LETZ: To move the allocated funds as 10 designated, which is -- and I can read them to into the 11 record. Just to be real clear, out of the 2010 bond issue, 12 unallocated or unused funds for the fire station, 34,341, and 13 then as designated "unallocated" additionally are 20,593. In 14 the 2012 bond issue, there is 12,181 for show barn that was 15 remaining, and then 95,617 under unallocated funds out of 16 that issue. 17 JUDGE POLLARD: All right. That's the motion 18 that's been moved and seconded. Is there any further 19 discussion? There being none, those in favor, signify by 20 raising your right hands. 21 (The motion carried by unanimous vote, 4-0.) 22 JUDGE POLLARD: It's 4-0, unanimous. All right, 23 1.16; consider, discuss, and take appropriate action on 24 Change Proposal Number 16, to revise the framing for 25 additional support for acoustical walls dividing Hall 1 and 11-24-14 70 1 Hall 2 for the Event Hall at the Hill Country Youth Event 2 Center. Commissioners Letz and Reeves. 3 COMMISSIONER LETZ: I'll turn it over to Charlie 4 pretty quick, but this is one of those items, when we took 5 the door out -- that $84,000 door out, it was designed and it 6 has been built to have where that door will go into a closet. 7 Well, there's no door to go into the closet, so we got to 8 cover up that opening, and this is to add sheetrock for that. 9 And, Charlie, what's the -- the amount? 10 MR. HASTINGS: Actually, we've already done a 11 change proposal for that. This is for up at the -- in the 12 ceiling, where the operational doors come to and end, there's 13 supposed to be sheetrock that goes all the way to the end, 14 but there wasn't a structural member in the plans to cover 15 that. 16 COMMISSIONER LETZ: Oh. 17 MR. HASTINGS: So the contractor had to come up 18 with a way to do that, and this is in the amount, $3,627 to 19 hold that sheetrock up. 20 COMMISSIONER REEVES: But it's all related back to 21 that door, that collapsible door -- 22 MR. HASTINGS: Yes. 23 COMMISSIONER REEVES: -- that we did not put in. 24 COMMISSIONER LETZ: And did you have a -- do you 25 have a final quote on the sidewalks? 11-24-14 71 1 MR. HASTINGS: Yes. And the sidewalks were being 2 completed last week, and there's a cost savings in that, 3 'cause I was -- had allocated up to 21,000 and some change, 4 and the sidewalks are somewhere around 16,5, 16,6. 5 COMMISSIONER REEVES: Okay. So, he's -- so there's 6 enough money to cover this in there. 7 COMMISSIONER LETZ: So there will not be a net 8 increase. 9 COMMISSIONER MOSER: Good. Okay. 10 COMMISSIONER LETZ: I move approval of -- 11 JUDGE POLLARD: 1.16. 12 COMMISSIONER LETZ: -- 1.16, which is Change 13 Proposal Number 16. 14 COMMISSIONER REEVES: Second. 15 JUDGE POLLARD: Any further discussion? There 16 being none, those in favor, signify by raising your right 17 hand. 18 (The motion carried by unanimous vote, 4-0.) 19 JUDGE POLLARD: It's 4-0, unanimous. 1.17; 20 consider, discuss, and take appropriate action regarding 21 update of construction at Hill Country Youth Event Center and 22 related issues. Commissioners Letz and Reeves again. 23 COMMISSIONER REEVES: I think it'll be better to 24 see what all's going on when we adjourn to go look at the 25 event hall. But those of you at the mixer the other day 11-24-14 72 1 noticed, they're putting the -- the grid for the ceilings in. 2 They have got all the sheetrock, or most of the sheetrock up 3 in the main event hall, as well as the east and west side; 4 they've started the painting in that area of it. Charlie and 5 I met Friday with Huser and looked at how they are sealing 6 the concrete on that. Restrooms have been tiled, mirrors 7 have been put up, fixtures are being installed, so it's 8 moving along pretty good. And I'm anxious to see where they 9 got; they were going to work all weekend. And on Thursday 10 night after the Chamber of Commerce mixer, two of the people 11 putting the ceiling grids in were still working at about 8:45 12 that night. So, they're moving along on it, and Huser is 13 really working to get everything complete. 14 COMMISSIONER LETZ: And the only comment I have, 15 they're moving into the phase that they'll be doing -- 16 probably starting Monday, so for the next month, of testing 17 all of the systems and getting them all balanced and working 18 properly. I mean, I think as of right now, everything is 19 operational. The HVAC, the fire system, the -- all of that, 20 electrical. But evidently, it's quite a challenge -- 21 JUDGE POLLARD: Sound system. 22 COMMISSIONER LETZ: Sound system is being 23 installed. The wiring is mostly in place. The speakers -- 24 they kind of, I guess, hang the speakers at the same time. 25 The ceiling grid has to be in before they put the speakers 11-24-14 73 1 in. Those kind of go in at the last minute. But the -- I 2 think they're -- you know, they're -- it's a lot more than I 3 would have thought to get all those systems balanced and 4 working. And then they'll get the approvals from the fire 5 people. 6 COMMISSIONER MOSER: What's the scheduled 7 completion date? 8 COMMISSIONER LETZ: The 10th, isn't it? Or 17th? 9 The 17th. 10 COMMISSIONER MOSER: Of January? 11 COMMISSIONER LETZ: January, yeah. I think it will 12 be ready before that. 13 COMMISSIONER MOSER: That's the schedule? 14 COMMISSIONER LETZ: The schedule says the 17th. 15 That's the date they said they have to be done. 16 COMMISSIONER MOSER: Okay. 17 COMMISSIONER LETZ: Their punch list really starts, 18 like, two weeks prior to that, so they're -- 19 COMMISSIONER REEVES: And part of the schedule is 20 not on Huser, but it is on the training of the maintenance 21 staff. 22 COMMISSIONER MOSER: I'm just saying total 23 schedule, okay. 24 COMMISSIONER REEVES: On the 17th. 25 JUDGE POLLARD: All right. I don't think a motion 11-24-14 74 1 is necessary on this. Let's go on to -- is it 10:30? It is. 2 COMMISSIONER REEVES: Yes, it is. 3 JUDGE POLLARD: Okay. Let's go to Item 1.18; 4 consider, discuss, take appropriate action to approve 5 contract for aerial photography with Pictometry, and 6 authorize the County Judge to sign same. Mr. Trolinger. 7 MR. TROLINGER: Good morning. I put some 8 background in the agenda item. Essentially, this is a 9 renewal of a project we started three years ago, I believe, 10 and it's a collaboration with the 911 Commission, the 11 Kerrville Public Utility Board, and Central Appraisal 12 District. And, basically, we all chip in and we get these 13 really good aerial photographs that gives us side views of 14 the buildings and overhead. And this -- 15 JUDGE POLLARD: Is that what pictometry means? 16 MR. TROLINGER: Pictometry is the name of the 17 company, and it's also a copyrighted brand name for the type 18 of photography. 19 JUDGE POLLARD: I see. 20 MR. TROLINGER: So we use this and the Google maps, 21 and the other free open-source maps to -- for instance, in 22 our dispatch center, the big display in the middle has a map, 23 and when someone calls 911, it pulls it up and puts a dot on 24 the map, and the dispatchers use that to help personnel get 25 to the scene. It's used in other various county offices, but 11-24-14 75 1 that's probably the number one I'd like to point out. 2 COMMISSIONER MOSER: It's a great asset, too, for 3 whoever -- the law enforcement or whoever to go get and see 4 what buildings are in and around and -- and for the 5 particular site. 6 MR. TROLINGER: Yes, sir. 7 COMMISSIONER MOSER: It's a really great 8 capability. 9 MR. TROLINGER: I think it's a great project. It's 10 really worthwhile. The $7,355 that we're going to pitch in 11 this first year is budgeted, and the project is going to 12 expand a little bit; we're going to add -- do a little bit 13 more. And the County Attorney's had the contract for a 14 little bit. 15 MS. STEBBINS: I've had a look at it. 16 MR. TROLINGER: It's pretty complicated, but 17 essentially what I want to point out is that we've got a 18 long-term deal that also would give us the same price to have 19 photography again in a couple of years, to do the same thing. 20 COMMISSIONER LETZ: John, I have a question for you 21 on this. And this is more informational. I'm all in favor 22 of it. I don't see the City of Kerrville listed on here, yet 23 I know the City of Kerrville has a -- a website that's an 24 excellent website for mapping, and it pulls up -- I almost 25 think it's these photos. 11-24-14 76 1 MR. TROLINGER: They have GIS, but they do not have 2 Pictometry. 3 COMMISSIONER LETZ: What's the difference? 4 MR. TROLINGER: Well, the GIS, I'm not sure how old 5 the images are. 6 COMMISSIONER LETZ: They're current. Very current, 7 very accurate. 8 MR. TROLINGER: But if they're straight overhead -- 9 I haven't looked at them in months. 10 COMMISSIONER LETZ: The website's called Kerrville 11 Parcel Service, or parcel something. And, anyway, you can go 12 anywhere in the county and pull up a very recent photo, and 13 it puts all the abstract numbers on it, and there's 14 additional layers you can put on it. It's an excellent 15 website. It says "City of Kerrville," so I presume they're 16 doing it, but I'm just wondering, you know -- 17 MR. TROLINGER: Why not the collaboration? 18 COMMISSIONER LETZ: Why aren't they -- I assume 19 they're using the same information. Why haven't they pitched 20 in? Maybe they are through KPUB. 21 MR. TROLINGER: Mark Del Toro at the 911 Commission 22 spearheaded this, and he's invited the City in, and we've 23 recently had another meeting. And we do want the City of 24 Kerrville to participate; that'll lower the cost for 25 everyone, but they are not participating in the pictometry 11-24-14 77 1 project. 2 JUDGE POLLARD: They've declined to participate? 3 MR. TROLINGER: Yes, sir. And this is the second 4 -- the second round, basically. 5 COMMISSIONER MOSER: Good point. 6 MR. HASTINGS: I can speak to that some. I helped 7 put their GIS together a dozen years ago. They're using 8 aerial photography through their Esri license contract. They 9 have a -- a license contract through Esri, who has the GIS 10 software, and they're able to get aerial photography through 11 that license as well. 12 COMMISSIONER MOSER: So, they're not using the same 13 images. 14 MR. HASTINGS: But the images they're using are 15 probably Google images. They might be Bing; I'm not sure 16 what they're using right now. But -- 17 COMMISSIONER LETZ: The images we're talking about 18 here are three-dimensional? 19 MR. TROLINGER: Yes. 20 MR. HASTINGS: In a sense, and so they're 21 different. 22 COMMISSIONER MOSER: Bottom line is, the City's not 23 using the same images as Pictometry. 24 MR. TROLINGER: No, they're not. 25 COMMISSIONER LETZ: The next question would be, is 11-24-14 78 1 it -- from a public service standpoint, would it be 2 worthwhile to make these available to the public? Like 3 Kerrville Parcel -- whatever they call their program? Either 4 the Appraisal District or -- I mean, it's very, very good for 5 the public to be able to have access to the photographs. 6 COMMISSIONER MOSER: I think so too. 7 MR. TROLINGER: Yes, the previous contract did 8 allow -- 9 JUDGE POLLARD: The City would have access without 10 paying. 11 MR. TROLINGER: The previous contract allowed us to 12 provide that service, publicly expose the images. This 13 contract does not. It's a copyrighted proprietary thing that 14 Pictometry has done. And I've looked at -- for instance, I 15 looked at Burlington, Washington; I looked at how that was 16 available to the public, and although you can see some of the 17 information, the -- the side views, three-dimensional work is 18 not available to the public. 19 COMMISSIONER MOSER: And was it last year? 20 MR. TROLINGER: It was not. It was in the contract 21 to allow us to do that, but we went through a few things and 22 we decided that it just wasn't feasible for us to host this 23 massive database. 24 COMMISSIONER MOSER: I see. So that was -- so that 25 was the limitation, that massive database? 11-24-14 79 1 MR. TROLINGER: It is a big -- it's a big database, 2 and the bandwidth and all the other things of hosting all 3 those kind of things were just not available. So, what is 4 available on this contract is -- you know, the users, the -- 5 Environmental Health, for instance, they don't have to be on 6 our computer network. They can log into just a website to 7 get the information, and we can provide user names and 8 passwords, accounts for anyone that requests it. It's no 9 longer restricted just within the Kerr County network. So, 10 if City of Kerrville, for some reason, jumped on board, we 11 can provide them with a log-in. 12 COMMISSIONER LETZ: I guess the -- you know, and I 13 don't know where the appropriate communication would be, but 14 it makes sense to me -- I mean, if the City has a contract, I 15 understand why they wouldn't want to participate in this one, 16 but it would make sense to me to try to merge so we have one 17 county-wide. And I think it's just a good public service for 18 all the -- for the county to have it. You know, that's 19 just -- down the road, it would be great. It sounds like 20 this is a little bit higher quality than what the City's 21 using, 'cause they're using -- I believe the website uses 22 both Bing and Google maps, but this is a better service. I 23 wouldn't know why they wouldn't want to have -- as their 24 timing to get out of that contract, and this contract would 25 make a lot of sense. I don't know who would make the 11-24-14 80 1 inquiry, you know, but -- 2 JUDGE POLLARD: Well, from what you're saying, 3 that's -- they have protections, and we can't just make it 4 available to the public generally; is that correct? 5 MR. TROLINGER: Affirmative. It's a subscription 6 basis, per -- per the new contract that we're getting ready 7 to enter into here. 8 COMMISSIONER REEVES: And this -- what you're 9 proposing is good with you as I.T. Director? You're fine 10 with it? 11 MR. TROLINGER: Yes, sir. It's a -- it's even 12 better than we had before, and we're maintaining the price. 13 We're locked in, so they're not going to run the price up. 14 COMMISSIONER REEVES: And you're good with this? 15 MS. STEBBINS: With the contract? Yes, sir. 16 COMMISSIONER REEVES: The agreement is fine? 17 MS. STEBBINS: Yes, sir. 18 COMMISSIONER LETZ: What's the term? One-year 19 term? How long is the term of the contract? 20 MR. TROLINGER: Well, this is a -- basically, this 21 is the first project -- is defined as the first project. 22 Under payment terms, it's three years. Starting in January, 23 the -- the photography's taken, and then it's about $7,335 24 for the three years that we pay out. 25 COMMISSIONER LETZ: Okay. 11-24-14 81 1 MR. TROLINGER: And then there's a second project. 2 JUDGE POLLARD: 7,000-something each year of the 3 three years? 4 MR. TROLINGER: Yes, sir. And then the second 5 project comprises another aerial photography run, and then we 6 can continue at the very same price for another three years, 7 for a total of six. 8 COMMISSIONER LETZ: Move approval. 9 COMMISSIONER REEVES: Second. 10 JUDGE POLLARD: Any further discussion? If not, 11 those in favor, signify by raising your right hand. 12 (The motion carried by unanimous vote, 4-0.) 13 JUDGE POLLARD: It's 4-0, unanimous. All right. 14 Number 1.19; consider discuss, and take appropriate action 15 regarding memorandum of understanding for information 16 technology services between Kerr County and AgriLife 17 Extension. Mr. Walston. 18 MR. WALSTON: Good morning, gentlemen. Appreciate 19 y'all taking time to visit with me. I've got -- if I can -- 20 hang on. 21 COMMISSIONER BALDWIN: Roy, is this the last time 22 we're going to do this? 23 MR. WALSTON: I hope so. 24 COMMISSIONER BALDWIN: Seems like we've been at 25 this for a couple of months now. 11-24-14 82 1 MR. WALSTON: We've rode this horse to death, I 2 think. We made the changes that y'all requested at the last 3 meeting, and I highlighted those. And if you would -- and I 4 honestly can't remember if I sent these to you last week or 5 not, or if I sent them to John or not. But -- 6 COMMISSIONER REEVES: It was in the backup. 7 MS. STEBBINS: Can I have a copy? 8 MR. WALSTON: Yes. 9 MS. STEBBINS: Thank you. 10 MR. WALSTON: I'm sorry. 11 MS. STEBBINS: That's fine. 12 MR. WALSTON: The question that we had on the 13 access, I think, was one. And it stated in there, AgriLife 14 Extension has no network equipment in Kerr County, does not 15 require access to that -- to that physical closet. So, you 16 know, that pretty well says if we don't have anything in 17 there, we don't need in there. 18 JUDGE POLLARD: Okay. 19 COMMISSIONER LETZ: And Trolinger's looked at this? 20 MR. TROLINGER: It's the same that the County 21 Attorney and myself received in the e-mail. The County 22 Attorney has told me that she approves of it -- I'm sorry if 23 I'm speaking for you. 24 MS. STEBBINS: No, that's fine. 25 MR. TROLINGER: She approves of the M.O.U. as it's 11-24-14 83 1 written here. 2 MS. STEBBINS: Yes. 3 MR. TROLINGER: I approve of the changes, as we've 4 removed the physical access. The County Attorney said that 5 the County Judge should sign this M.O.U., and that's what we 6 have to do. 7 COMMISSIONER LETZ: Move approval. 8 COMMISSIONER MOSER: Second. 9 COMMISSIONER REEVES: Second. 10 JUDGE POLLARD: Been moved and seconded. Any 11 further discussion? If not, those in favor, signify by 12 raising your right hand. 13 (The motion carried by unanimous vote, 4-0.) 14 JUDGE POLLARD: Thank you, Mr. Reeves. 15 MR. WALSTON: Here's a copy for you to sign. 16 JUDGE POLLARD: It's 4-0, unanimous. All right. 17 Just so that it's -- this is the end of it, I'll sign it 18 right now. (Laughter.) 19 COMMISSIONER BALDWIN: No kidding, man. Frank's 20 Lounge. 21 JUDGE POLLARD: Congratulations. All right. Item 22 1.20; consider discuss, and take appropriate action on 23 request for contested hearing related to G.B.R.A. application 24 for Permit 12378. Executive session. Do we need that? 25 COMMISSIONER LETZ: We do need it, but can we 11-24-14 84 1 handle maybe the rest of the -- 2 JUDGE POLLARD: Okay. 3 COMMISSIONER LETZ: -- agenda, and then come back 4 to this? 5 JUDGE POLLARD: I'll reserve that, then. Let's go 6 to 1.21; tour of the event hall. We can -- 7 COMMISSIONER BALDWIN: Let's don't do that right 8 now. 9 JUDGE POLLARD: No, let's don't do that right now. 10 COMMISSIONER MOSER: I'll second that. 11 JUDGE POLLARD: I guess the next item is -- that's 12 it. 13 COMMISSIONER MOSER: Pay the bills. 14 JUDGE POLLARD: Pay the bills, all right. Anybody 15 moving for paying the bills, or have any questions? 16 COMMISSIONER BALDWIN: So moved. 17 COMMISSIONER MOSER: Second. 18 JUDGE POLLARD: Been moved and seconded. Any 19 further discussion? There being none, those in favor, 20 signify by raising your right hand. 21 (The motion carried by unanimous vote, 4-0.) 22 JUDGE POLLARD: 4-0, unanimous. 4.2, budget 23 amendments. Any? 24 MS. HARGIS: Yes. 25 COMMISSIONER LETZ: God, it's early. 11-24-14 85 1 MS. HARGIS: There are four. 2 COMMISSIONER LETZ: I move we approve the budget 3 amendments as presented. 4 JUDGE POLLARD: Yeah. 5 COMMISSIONER LETZ: They're all pretty minor. 6 JUDGE POLLARD: Is there a second? 7 COMMISSIONER MOSER: Second. 8 JUDGE POLLARD: It's been moved and seconded that 9 the budget amendments be approved. Any further discussion? 10 There being none, those in favor, signify by raising your 11 right hand. 12 (The motion carried by unanimous vote, 4-0.) 13 JUDGE POLLARD: It's 4-0, unanimous. Went by real 14 quick, didn't it? 15 MS. HARGIS: You have late bills. 16 JUDGE POLLARD: Late bills? 17 MS. HARGIS: Yes, we do have late bills. We have 18 two sections of late bills. This time of year, we try to 19 make sure we get all the bills in for payment, so that's the 20 main reason. 21 COMMISSIONER LETZ: I move we pay the late bills as 22 presented. 23 JUDGE POLLARD: Is there a second? 24 COMMISSIONER MOSER: Second. 25 JUDGE POLLARD: It's been moved and seconded that 11-24-14 86 1 we pay the late bills. Any further discussion? There being 2 none, those in favor, signify by raising your right hand. 3 (The motion carried by unanimous vote, 4-0.) 4 JUDGE POLLARD: It is 4-0, unanimous. Thank you. 5 Approve and accept monthly reports. Do you have those, 6 Commissioner Reeves? 7 COMMISSIONER REEVES: Yes, I do. Kerr County 8 Treasurer, monthly report for October 2014; J.P., Precinct 1, 9 monthly report, October 2014; J.P., Precinct 4, monthly 10 report for October 2014; Constable, Precinct 3, monthly 11 report for September 2014 and October 2014; Constable, 12 Precinct 4, monthly report for October 2014. 13 JUDGE POLLARD: Is there a motion? 14 COMMISSIONER REEVES: So moved to accept the 15 monthly reports. 16 JUDGE POLLARD: Is there a second? 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Moved and seconded that we accept 19 the monthly reports as indicated in the record just read by 20 Mr. -- Commissioner Reeves. Any further discussion? There 21 being none, those in favor, signify by raising your right 22 hand. 23 (The motion carried by unanimous vote, 4-0.) 24 JUDGE POLLARD: It's 4-0, unanimous. Reports from 25 Commissioners, liaison/committee assignments. Anybody? 11-24-14 87 1 Nobody? 2 COMMISSIONER MOSER: Nobody. 3 JUDGE POLLARD: Okay. Reports from elected 4 officials/department heads. Anybody? Yes, ma'am? 5 MS. HARGIS: I just want to remind everyone that 6 has to have a bond that we need to have those in and approved 7 by the -- by the next Commissioners Court so we don't have 8 any stragglers, that we might not be able to swear these 9 folks in. And I've asked Jody to send them one more thing 10 out. We've talked to everybody, but we need to be sure -- be 11 sure to check that you have four-year bonds, not two-year 12 bonds if you're elected. They seem to make mistakes in that 13 area. And we absolutely have to have them on the agenda for 14 next time, and they have to go through the County Clerk's 15 office, be stamped, and then come in here for approval so you 16 can be all be sworn in. 17 JUDGE POLLARD: Okay. Anybody else? All right. 18 Reports from boards, commissions, and committees? Any? City 19 joint projects or operation reports, or other? None. All 20 right, let's go to -- what was that item on executive 21 session? 22 COMMISSIONER LETZ: 1.20. 23 JUDGE POLLARD: 1.20. Let me find that. This is 24 consider, discuss, and take appropriate on request for 25 contested hearing related to G.B.R.A. application for Permit 11-24-14 88 1 12378. Executive session, Commissioner Letz. It's -- I 2 hereby declare it's a closed session. 3 (The open session was closed at 10:50 a.m., and an executive session was held, the transcript of which 4 is contained in a separate document.) 5 - - - - - - - - - - 6 JUDGE POLLARD: Okay we're in open session. 7 MS. GRINSTEAD: I notified Becky. I don't know 8 where she's at. 9 JUDGE POLLARD: Nobody wants to come back in? 10 MS. GRINSTEAD: We don't know where she's at, so 11 I'll just take notes. 12 COMMISSIONER LETZ: We got to have her, though. 13 COMMISSIONER REEVES: We got to have her. 14 (Discussion off the record.) 15 MS. GRINSTEAD: Shelly's going to sub. 16 MS. STEBBINS: Thank you. 17 JUDGE POLLARD: All right, we're back in session -- 18 open session now. It's about seven minutes after 11:00. 19 Does anybody want to make a motion? 20 COMMISSIONER LETZ: I'll make a motion that we 21 authorize the County Attorney to make inquiries and engage an 22 attorney to consult or advise the Court on water-related 23 matters. 24 COMMISSIONER MOSER: I'll second that. 25 JUDGE POLLARD: Any further discussion? There 11-24-14 89 1 being none, those in favor, signify by raising your right 2 hand. 3 (The motion carried by unanimous vote, 4-0.) 4 JUDGE POLLARD: It's 4-0, unanimous. I think that 5 concludes everything. Is that correct? 6 COMMISSIONER LETZ: Ag Barn. 7 COMMISSIONER MOSER: Oh, yeah. 8 JUDGE POLLARD: That's right. We'll adjourn and go 9 to the Ag Barn for the last item. Is there anything we need 10 to do here about that? And I guess when we're finished 11 looking out there, we got to make a motion to adjourn? 12 COMMISSIONER LETZ: We can do that out there. 13 COMMISSIONER MOSER: Can we do that -- is that an 14 information -- that's sort of an information item, isn't it? 15 Do we have any court action? 16 COMMISSIONER LETZ: There will be no action, I 17 don't believe. 18 COMMISSIONER BALDWIN: I don't think we have to 19 have a court order to adjourn. 20 JUDGE POLLARD: All right. 21 COMMISSIONER BALDWIN: We can just adjourn. 22 JUDGE POLLARD: We'll adjourn now and go out there 23 for it. All right. We posted that. I assume all of us are 24 going to be there, and technically -- 25 COMMISSIONER LETZ: It's a meeting; that's why. 11-24-14 90 1 JUDGE POLLARD: Yeah. So, we can't really adjourn 2 it. 3 COMMISSIONER LETZ: But you can adjourn it out 4 there. 5 JUDGE POLLARD: I'll do that. I'll do that, if 6 somebody will help remind me. 7 COMMISSIONER MOSER: Just for clarification, when 8 you post something, that's not necessarily a meeting. If we 9 all gather at -- 10 COMMISSIONER REEVES: I think the -- 11 MS. STEBBINS: It's posted as part of this meeting. 12 COMMISSIONER MOSER: I see, okay. 13 COMMISSIONER REEVES: The agenda item states a 14 tour. It doesn't say any action or anything. 15 MS. STEBBINS: Right. 16 COMMISSIONER MOSER: Okay. 17 COMMISSIONER LETZ: We'll be out there at -- it 18 shouldn't take long, so what time do you want to meet there, 19 11:30? 20 JUDGE POLLARD: That'll be fine. 21 (Commissioners Court recessed at 11:09 a.m., and reconvened at the Hill Country Youth Exhibit Center 22 at 11:30 a.m. for a tour, after which court was adjourned at approximately 12:30 p.m.) 23 - - - - - - - - - - 24 25 11-24-14 91 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 1st day of December, 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 11-24-14