1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, April 20, 2015 11 11:00 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 April 20, 2015 2 PAGE 3 1.1 Consider/discuss, take appropriate action to approve “Agreed-Upon Procedure” between 4 Pressler, Thompson and Company, LLC, and Kerr County 3 5 1.2 Consider/discuss, take appropriate action to 6 approve report to Commissioners’ Court of the status of investments made under Section 1355.051 7 of the Estates Code 11 8 --- Adjourned 16 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 On Monday, April 20, 2015, at 11:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE POLLARD: Okay. It's Monday morning, 8 April 20th, 2015. It's now 11 -- looks like about 11:02 9 a.m., and the Kerr County Commissioners Court is in session. 10 Commissioner, Precinct 3 is up this morning. 11 COMMISSIONER LETZ: Please stand, join me in a 12 moment of prayer followed by the pledge. 13 (Prayer and pledge of allegiance.) 14 JUDGE POLLARD: Item 1.1; consider, discuss, and 15 take appropriate action to approve agreed upon procedure 16 between Pressler Thompson and Company, L.L.C., and Kerr 17 County. Did you all remember, I was supposed to contact 18 folks to see who might be interested in doing this audit 19 situation, and I did contact Pressler Thompson and Company, 20 and I was told by them that Brenda Beaty with them would be 21 the one that would supervise this sort of thing. In the 22 conversation, she asked questions about what procedures were 23 going to be involved and why it was required, and I said, 24 "You're asking questions of me that I can't answer, so you 25 call the County Auditor, Jeannie," who was sill here at that 4-20-15 4 1 time. They had a conversation, and it did result in, as you 2 can see, this proposal of April 10, 2015, a copy of which has 3 now been delivered to each of the Commissioners. And do you 4 want to consider this in open session, or do you want to go 5 into closed session first? Do you feel it appropriate to go 6 into closed session, or just do it in open? I think we can 7 handle it in open. 8 COMMISSIONER BALDWIN: I do too. 9 COMMISSIONER MOSER: For a start. We can go into 10 executive session if we need to. 11 JUDGE POLLARD: Okay. All right. Have you each 12 read this proposal? 13 COMMISSIONER MOSER: Mm-hmm. 14 JUDGE POLLARD: And do you have any questions about 15 it? If not, then we can have a motion. 16 COMMISSIONER LETZ: I think it's -- question to the 17 County Clerk. Have you looked at this? 18 MS. BOLIN: Yes. 19 COMMISSIONER LETZ: And you think it will solve 20 everything, or get your office up to speed? 21 MS. BOLIN: I believe so, yes. 22 JUDGE POLLARD: And she welcomes it, I understand. 23 MS. BOLIN: I do. 24 JUDGE POLLARD: Is that correct? 25 MS. BOLIN: Yes, sir, I do. 4-20-15 5 1 COMMISSIONER BALDWIN: Judge, I just want to make a 2 statement, that we -- we have a problem in our system, and we 3 have found a way that we can get that problem fixed, as well 4 as some people trained. I think it's a plus-plus. And when 5 we come out on the other end, we're going to be a better 6 county for it. I think we're doing the right thing here. 7 JUDGE POLLARD: Okay. 8 COMMISSIONER MOSER: I'd like to make a comment, 9 too. I agree with what Commissioner Baldwin said; however, 10 it's costing the taxpayers extra money -- 11 JUDGE POLLARD: Mm-hmm. 12 COMMISSIONER MOSER: -- for this. If we have to do 13 this every time we have an election for every elected 14 official, then, you know, it can be a big problem. It hadn't 15 in the past, so I think we need to -- you know, the elected 16 officials are elected officials, and they've got their 17 responsibilities. So, I think if there's something we can 18 learn from this, that we can avoid expenditures of funds in 19 the future, I think that's something we need to think about. 20 JUDGE POLLARD: Any other comments? 21 COMMISSIONER LETZ: I think just a general comment. 22 And we may be overstepping our bounds a little bit as 23 commissioners on it, but along that same line, I think, you 24 know, it's worthwhile that the -- maybe some kind of a guide 25 for new elected officials or, you know, any department head. 4-20-15 6 1 I think there's a lot of responsibilities that come in, and 2 what the expectations are that we have, and the budget 3 things, that they need to look at the budget. Not saying 4 that Rebecca Bolin didn't do these things, but they've got to 5 look at the budget, be aware of these things, and just kind 6 of a checklist that, "You're responsible for this as of day 7 one," and make sure that they're -- you know, that everything 8 is clear. Or should be when they run for office, you think, 9 but I think it'd be good. 10 COMMISSIONER MOSER: And I think that's true for 11 all elected officials. 12 COMMISSIONER LETZ: All of them. 13 COMMISSIONER MOSER: The Treasurer, the Sheriff, 14 you know, the whole gamut. 15 COMMISSIONER LETZ: And -- 16 COMMISSIONER MOSER: From -- looking from the 17 taxpayers' perspective, yeah. 18 JUDGE POLLARD: Mr. Reeves? 19 COMMISSIONER REEVES: I don't like -- I'm like 20 everybody else; I don't like spending this money, but it's 21 something we're going to have to do, or it may cost us a lot 22 more in the long run. I agree with Number 1 that we found 23 the problem and we're finding a solution to it now, and I 24 think we have no choice in the matter but to move forward on 25 it. Pressler Thompson and Company's a respected C.P.A. firm 4-20-15 7 1 here in Kerrville. They're experienced in county government 2 work, and we need to do it, move forward and get this problem 3 taken care of that we've identified. 4 JUDGE POLLARD: All right. I'll entertain a 5 motion, if that's appropriate now. 6 COMMISSIONER MOSER: I'll make a motion that we 7 engage Pressler Thompson for the -- for the financial work, 8 both audit and training, as we've delineated and discussed, 9 and as depicted in their proposal to us. 10 JUDGE POLLARD: Is there a second to that? 11 COMMISSIONER BALDWIN: I second that motion. 12 JUDGE POLLARD: All right. It's been moved and 13 seconded that we accept the proposal set forth in Pressler 14 Thompson and Company's letter of April 10, 2015. Is there 15 any further discussion? 16 COMMISSIONER REEVES: It's really -- just for the 17 record, so everybody knows, it's not an audit. It's an 18 agreed upon procedure on how to correct this. Totally 19 different from the audit. 20 JUDGE POLLARD: That's true. 21 COMMISSIONER LETZ: And the funds are coming from 22 where in the budget? 23 COMMISSIONER BALDWIN: Auditor's got to figure that 24 out. 25 JUDGE POLLARD: Yeah. We're committing ourselves 4-20-15 8 1 to pay it. They'll have to be found somewhere in the budget. 2 COMMISSIONER MOSER: Well, it could be considered 3 an emergency or not, but -- 4 COMMISSIONER LETZ: I don't think so. 5 COMMISSIONER MOSER: Okay. 6 JUDGE POLLARD: I don't think so either. All 7 right. Any further discussion? 8 COMMISSIONER LETZ: But the amount is capped at 9 $16,000. 10 JUDGE POLLARD: Well, that's an estimate, and you 11 can see in there, it's clearly just an estimate. That might 12 change. It might be less, might be more, depending on what 13 they find when they get into it. So that's the commitment, 14 the way it's worded. 15 COMMISSIONER LETZ: I guess -- I mean, and I see 16 the way it's worded. It's, "We don't anticipate our fees to 17 exceed 16,000." But we tend not to approve things without 18 limits in amounts. 19 COMMISSIONER BALDWIN: Not to exceed. 20 COMMISSIONER MOSER: I'll amend the motion to 21 include funds not to exceed $16,000. 22 COMMISSIONER LETZ: And if it's going to exceed it, 23 they can always come back. But at this time, it's capped at 24 that. 25 COMMISSIONER MOSER: Right. 4-20-15 9 1 JUDGE POLLARD: I'm going to emphasize the language 2 in -- near the bottom of the first page, last sentence or 3 two. "This amount is not to be considered a minimum, but 4 only an estimate based on anticipated cooperation from your 5 personnel and the assumption that unexpected circumstances 6 will not be encountered during the engagement. If additional 7 time is necessary, we will discuss it with you and arrive at 8 a fee estimate before we incur the additional cost." So 9 that's pretty clear; it says they don't think it's going to 10 exceed 16,000, but -- 11 COMMISSIONER LETZ: That's consistent with the 12 capping at 16,000, 'cause they're going to come back if it 13 goes over. 14 COMMISSIONER MOSER: Right. 15 JUDGE POLLARD: All right. So with that 16 understanding, then, that's what the motion is corrected to; 17 is that correct? 18 COMMISSIONER MOSER: Right, capping it at 16,000. 19 COMMISSIONER LETZ: Right. And the Auditor's going 20 to come back -- are we going to wait for the new Auditor, or 21 are you prepared to find the money? 22 MS. DOSS: We can find it. 23 JUDGE POLLARD: You can find it? 24 MS. DOSS: I believe so. 25 JUDGE POLLARD: Squeezing, squeezing, squeezing. 4-20-15 10 1 MS. DOSS: Well, you know, just -- you know, 2 Jeannie talked about if this needs to come out of the County 3 Clerk's budget or if this is going to come from somewhere 4 else. You know, she -- she thought that it should come from 5 the County Clerk's budget. 6 JUDGE POLLARD: Well, that kind of -- we're just 7 going to leave that up to you, let you -- 8 MS. DOSS: Okay. 9 JUDGE POLLARD: Let you figure that out. 10 MS. DOSS: Okay. 11 COMMISSIONER LETZ: I think we need to -- I mean, 12 my thought would be it may come out of that budget, but it 13 should be transferred to Professional Services. I don't know 14 that there's a line item for that in the County Clerk's 15 budget. I think we need to be able to track this, not just 16 lump it in with something else. 17 MS. DOSS: Exactly. 18 COMMISSIONER LETZ: So we'll know where this was. 19 And Professional Services is a type of line item under 20 Nondepartmental or Commissioners Court -- I think 21 Nondepartmental -- where, to me, it would make the most sense 22 for funds to come from, and we'll do a budget amendment. 23 JUDGE POLLARD: It needs to be paid out of a line 24 item for Professional Services. 25 MS. DOSS: Okay. 4-20-15 11 1 JUDGE POLLARD: Okay. Any further discussion? 2 There being none, those in favor of the motion, signify by 3 raising your right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0, unanimous. All right. 6 Item 1.2; consider, discuss, and take appropriate action to 7 approve the report to Commissioners Court of the status of 8 investments made under Section 1355.051 of the Estates Code. 9 Rebecca Bolin. Yes, ma'am? 10 MS. BOLIN: I have provided each of you a copy. I 11 need to make a couple of changes. My adding was apparently 12 off. On Desiree Dunham, the total as to date is $2,538.11. 13 COMMISSIONER MOSER: What are you reading from? 14 MS. BOLIN: The report on Desiree Dunham. 15 COMMISSIONER MOSER: Yeah. 16 COMMISSIONER BALDWIN: These amended -- 17 COMMISSIONER MOSER: Yeah, okay. So you're on 18 Desiree Dunham, okay. I just need to know who you're talking 19 about. 20 MS. BOLIN: And then one other change on -- 21 COMMISSIONER BALDWIN: What was the change on 22 Ms. Dunham? 23 MS. BOLIN: Total amount under Number 4 should be 24 $2,538.11. 25 COMMISSIONER BALDWIN: Eleven? 4-20-15 12 1 MS. BOLIN: Yes. 2 COMMISSIONER BALDWIN: Okay. 3 MS. BOLIN: And under Elanis McGee, under Item 4 Number 4, total should be $4,739.87. I'm requesting that the 5 Court approve these with the changes made so that we can get 6 copies mailed out to the families. 7 COMMISSIONER LETZ: Move approval. 8 COMMISSIONER BALDWIN: Second. 9 JUDGE POLLARD: All right. It's been moved and 10 seconded for approval. Any further discussion? There being 11 none, 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. 14 MS. BOLIN: Thank you. 15 JUDGE POLLARD: All right, I think that concludes 16 the meeting today. 17 COMMISSIONER BALDWIN: Judge, may I make a -- 18 JUDGE POLLARD: Sure. 19 COMMISSIONER BALDWIN: -- an announcement? Or a 20 comment, I guess. 21 JUDGE POLLARD: Yes. 22 COMMISSIONER BALDWIN: We're thinking about making 23 -- having a spring concert out on the lawn of the Kerr County 24 Courthouse in around the middle of May. My singer's off with 25 back surgery, and he looks like hell, and so we're hoping 4-20-15 13 1 that he'll be back the middle of May, and it'll be kind of a 2 spring fling for us. And if y'all have -- 3 COMMISSIONER MOSER: Who is "us"? 4 COMMISSIONER BALDWIN: That's confidential. 5 There's some confidential stuff involved here, and it can't 6 be -- 7 JUDGE POLLARD: Should we go into closed session? 8 (Laughter.) 9 COMMISSIONER BALDWIN: -- can't be released until 10 next week sometime. But, anyway, if anybody has a problem 11 with it, let me know. And we're going to do it anyway. 12 COMMISSIONER MOSER: But this is a group that you 13 and the other guys -- 14 COMMISSIONER BALDWIN: Yeah. Clay -- Clay and -- 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER BALDWIN: -- some of us, -- 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER BALDWIN: -- we play together a lot. 19 So, anyway, we're going to have fun, and it'll be like a 20 little sack lunch like we always have, and invite the City 21 Council over to join us, and all the citizens of Kerrville to 22 come out and bring their sack lunch and sit out under the 23 trees and listen to some western swing music. 24 COMMISSIONER LETZ: Maybe get an opportunity for 25 maybe a new Council, or may not be a new Council. 4-20-15 14 1 COMMISSIONER BALDWIN: May be a new Council, maybe 2 not. 3 COMMISSIONER LETZ: It will be a partially new 4 Council. 5 COMMISSIONER BALDWIN: It would be a perfect time 6 to shake hands with lots of people; that's all I know for 7 sure. 8 JUDGE POLLARD: Well, you can -- don't forget the 9 city of Ingram. 10 COMMISSIONER BALDWIN: Okay, I won't. 11 JUDGE POLLARD: Their Council and mayor. 12 COMMISSIONER BALDWIN: We'll send them a -- now 13 that Jody's out of the room, Jody will send them 14 an invitation, and hope that they'll be here. We're not 15 buying anybody, though. 16 JUDGE POLLARD: Have you picked a date? 17 COMMISSIONER BALDWIN: No. I wanted to just kind 18 of touch base in here before I did anything like that. 19 JUDGE POLLARD: I certainly don't think anybody 20 would object to that. 21 COMMISSIONER LETZ: It's good. Appreciate you 22 putting them on. 23 JUDGE POLLARD: It was very successful last time, I 24 thought. 25 COMMISSIONER BALDWIN: They're a lot of fun. 4-20-15 15 1 COMMISSIONER MOSER: Weather was good last time. 2 COMMISSIONER BALDWIN: Good for the community. 3 JUDGE POLLARD: I want to say that the gun show 4 this past weekend -- I went out to the gun show in the new 5 event hall out there. Boy, you couldn't even find a parking 6 place. It was very well attended, and it was very 7 successful. I interviewed a number of the vendors in there, 8 and they all were very happy with it. They were very 9 impressed with the facilities. One of them did question a 10 sign over the urinals in the men's restroom, wanted to know 11 if it was a joke or not, and I was unable to answer that 12 question. 13 COMMISSIONER REEVES: That sign came from the same 14 place where it says, "hot coffee" on the cups. You know, 15 "Caution, contents may be hot." There probably was a lawsuit 16 someplace. 17 COMMISSIONER MOSER: Somebody want to comment on 18 what the sign said? 19 JUDGE POLLARD: The sign says, "Don't drink the 20 water from the urinals." That one guy wanted to know if it 21 was a joke or not. 22 COMMISSIONER LETZ: Wonder if it had been a problem 23 in the past. 24 JUDGE POLLARD: There must have been. 25 COMMISSIONER MOSER: Okay, sounds like it's time to 4-20-15 16 1 adjourn. 2 JUDGE POLLARD: All right. There was a lot of 3 discussion also about the midget wrestling. I mean, that's 4 causing a lot of conversation and interest out there. I bet 5 it's going to be very well attended, that wrestling thing out 6 there. A lot of people are really fascinated by that, and I 7 was -- I was approached by a number of people at the gun show 8 about that, and couldn't believe it. They're also talking 9 about the presidential election. All of them think Hillary's 10 going to be the next president. And, anyway -- 11 COMMISSIONER LETZ: Maybe that was the reason for 12 the popular gun show. (Laughter.) 13 JUDGE POLLARD: Could be. I think it was. In 14 fact, it did raise the value of all the guns there at the gun 15 show. All right. With that, we'll vote on a motion to 16 adjourn. 17 COMMISSIONER MOSER: So moved. 18 JUDGE POLLARD: And you move for it. 19 COMMISSIONER BALDWIN: Second. 20 JUDGE POLLARD: You second it. And those in favor, 21 signify by raising your right hand. 22 (The motion carried by unanimous vote, 4-0.) 23 JUDGE POLLARD: It's 4-0, unanimous. Thank you. 24 (Commissioners Court adjourned at 11:17 a.m.) 25 - - - - - - - - - - 4-20-15 17 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 20th day of April, 2015. 8 9 REBECCA BOLIN, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4-20-15