1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Tuesday, October 13, 2015 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 October 13, 2015 2 PAGE --- Commissioners' Comments 6 3 1.1 Consider/discuss, take appropriate action 4 regarding annual Courthouse Lighting Agreement with Kerrville Christmas Lighting Corporation 12 5 1.2 Consider/discuss, take appropriate action to 6 authorize County Judge to execute a letter of transfer/ownership of archeological investigation 7 for proposed Center Point/East Kerr County Wastewater Project to Texas Historical Commission 15 8 1.3 Consider/discuss, take appropriate action on 9 request by HCDRC to renew contract with Kerr County to provide mediation services in Kerr 10 County, and for funding 16 11 1.4 Consider/discuss, take appropriate action to hire budgeted position in Motor Vehicle Department 21 12 1.24 Consider/discuss, take appropriate action 13 concerning potential modifications to the Economically Distressed Areas Program (EDAP) 14 and Clean Water State Revolving Fund (CWSRF) 2016 applications 22 15 1.25 Consider/discuss, take appropriate action 16 regarding the $25,000 placed in Nondepartmental Contingency Fund for library funding 32 17 1.5 Consider/discuss, take appropriate action to 18 approve Memorandum of Understanding with Peterson Regional Medical Center to provide services to 19 Kerr County Juvenile Detention Facility; authorize County Judge to sign same 52 20 1.6 Consider/discuss, take appropriate action on 21 contract with consulting dietician for Kerr County Juvenile Detention Facility 58 22 1.7 Consider/discuss, take appropriate action on 23 authorization to fill vacant positions at Kerr County Juvenile Detention Facility 61 24 1.8 Consider/discuss, take appropriate action to 25 accept Sheriff’s Office Equitable Sharing Agreement and Certification Report 62 3 1 I N D E X (Continued) October 13, 2015 2 PAGE 3 1.10 Consider/discuss, take appropriate action to approve resolution for Dietert Center which is 4 required to apply for Texas Department of Agriculture grant for “Meals on Wheels” 63 5 1.11 Consider/discuss, take appropriate action on 6 request to approve addition of five new members to Kerr County Historical Commission 65 7 1.16 Consider/discuss, take appropriate action 8 regarding benches next to War Memorial 68 9 1.23 Consider/discuss, take appropriate action regarding Emergency Management Coordinator 77 10 1.20 Consider/discuss, take appropriate action 11 regarding proclamation honoring Gloria Dozier 87 12 1.9 Consider/discuss, approve the renewal of the addendum with Hart InterCivic for warranty, 13 support and license agreement; have County Judge sign same 95 14 1.12 Consider/discuss, take appropriate action to 15 adopt Kerr County Safety Resolution dated October 13, 2015; have same signed by County 16 Judge and Commissioners Court 96 17 1.13 Consider/discuss, take appropriate action to approve renewal of (TAC) County Choice Silver 18 Retiree Medical/RX Supplemental for 2016; have County Judge sign same 98 19 1.14 Consider/discuss, take appropriate action to 20 rescind Court Order #34289 and nominate up to five persons to Kerr Central Appraisal District 21 Board of Directors for 2016-2017 99 22 1.15 Consider/discuss, take appropriate action on a request from Kerr Central Appraisal District to 23 allow a surplus from their FY 2014 budget in the amount of $34,416 be applied to Building Reserve 24 Fund via a budget amendment 100 25 4 1 I N D E X (Continued) October 13, 2015 2 PAGE 1.17 Consider/discuss, take appropriate action to 3 recommend an elected official to submit an application to be appointed to Regional Review 4 Committee (RRC) for Texas Community Development Block Grant Program 101 5 1.18 Consider/discuss, take appropriate action to 6 approve FY16 interlocal agreement with Lubbock County for the Regional Public Defender for 7 Capital Cases program 102 8 1.19 Consider/discuss, take appropriate action to approve third amendment to Agreement for Inmate 9 Health Care Services; allow County Judge to sign same 104 10 1.21 Consider/discuss, take appropriate action to 11 approve engagement letter for the Audit of Financial Statements and Single Audit for 12 period ending September 30, 2015; authorize County Judge to sign same 105 13 1.22 Consider/discuss, take appropriate action to 14 approve 2016 Kerr County resolution for Indigent Defense Grant Program; authorize County Judge to 15 sign same 106 16 1.26 Consider/discuss, take appropriate action regarding management contract at Hill Country 17 Youth Event Center (Executive Session) 107 18 1.27 Consider/discuss, take appropriate action on personnel matter (Executive Session) --- 19 4.1 Pay Bills 109 20 4.2 Budget Amendments 110 4.3 Late Bills 110 21 4.4 Monthly Reports 111 22 5.1 Reports from Commissioners/Liaison Committee Assignments --- 23 5.2 Reports from Elected Officials/Department Heads 112 24 --- Recess until 1 p.m. 113 25 5 1 I N D E X (Continued) October 13, 2015 2 PAGE 3 1.28 Consider/discuss, take appropriate action to hear presentations from the three Construction 4 Manager-At-Risk finalists for Kerr County Jail Expansion Project and subsequently rank 5 “best value” based on point allocations for the qualifications, cost factors and presentations 113 6 1.29 Consider/discuss, take appropriate action on 7 selection of Construction Manager-At-Risk for Kerr County Jail Expansion Project (Executive 8 Session as needed) --- 9 3.1 Action as may be required on matters discussed in Executive Session 120 10 --- Adjourned 122 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 On Tuesday, October 13, 2015, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE POLLARD: All right. It's Tuesday morning, 8 October 13, 2015. It's now 9 a.m., so sayeth the Sheriff, 9 and the Kerr County Commissioners Court is in session. And 10 the first matter is to -- for the blessing and the pledge of 11 allegiance. 12 COMMISSIONER MOSER: Please rise, if you will. 13 Pray with me. 14 (Prayer and pledge of allegiance.) 15 JUDGE POLLARD: All right. Are there any visitors 16 that wish to identify themselves and address the Court on any 17 matter not on the agenda? There being none, we'll proceed to 18 Commissioners' comments. Start with one. 19 COMMISSIONER BALDWIN: Yes, sir. I had a big time 20 Saturday night at Mountain Home Fire Department, and saw most 21 of you guys there. I just don't understand, Judge, how you 22 go to those things and win a gun at everything you go to. 23 (Laughter.) That just ain't right, you know. But now he's 24 got his wife winning them, is the deal. So -- so -- but, 25 hey, those fire departments are getting good at that stuff. 10-13-15 7 1 That was -- that was by far the biggest and best thing 2 they've done out in Mountain Home, so I was excited about 3 that. I have other comments, but I'll wait for the body of 4 the meeting to get going. 5 JUDGE POLLARD: Okay. 6 COMMISSIONER MOSER: Speaking of fire, I had three 7 or four calls this weekend from volunteer fire departments, 8 because we lifted -- I think most of us lifted the ban -- 9 burn ban, like, Friday or Saturday, whenever we had the half 10 inch of rain. After that, things dried out. People were 11 calling the burn ban number -- people were calling the burn 12 ban number, and it was saying that it had been lifted. So, 13 what we need to do is we need to be able to let the Sheriff's 14 Department update the -- the message on the recording. I 15 talked to Jody, talked to the Sheriff this morning. I think 16 we can do that. The calls shouldn't go to the Sheriff, but 17 just let them update the burn ban, 'cause people were 18 calling. They said, "The burn ban's off." They were 19 burning, and -- you know, when it was -- the burn ban had not 20 been -- burn ban was still in place. And so they had about 21 four fires in the east end of the county over the weekend 22 because of that. So, that's one thing. 23 The other thing -- and I'm going to have to leave a 24 little bit early, so I want to bring up -- there's a lot of 25 attention of what's happening in east Kerr County. We've 10-13-15 8 1 talked about all the development with James Avery and 2 everybody else. Martin Marietta has property to the east of 3 Guadalupe Heights and just to the west of Split Rock. 4 It's -- I forget how many acres in there; about 20 acres or 5 so that they're going -- it's going to be a quarry. They'll 6 put up a nice fence there. They plan on being in operation 7 mid-next year. I met with the vice president of the region 8 yesterday, and they are going to put visual barriers, they're 9 going to put berms, they're going to landscape, they're doing 10 that fence. They're trying to do everything to make it 11 compatible with the environment as best they can. So -- and 12 I think they're doing it right. But just to let everybody 13 know that that's what's happening there. It's not a church; 14 it's not a retreat. It's going to be another quarry. But -- 15 so, anyway -- 16 JUDGE POLLARD: That's the field that Bobby Shelton 17 had his apple orchard on? 18 COMMISSIONER MOSER: Correct. 19 JUDGE POLLARD: Formerly? 20 COMMISSIONER MOSER: Correct. 21 JUDGE POLLARD: Okay. 22 COMMISSIONER MOSER: That's all I have. Thank you. 23 COMMISSIONER BALDWIN: And burn ban's going back on 24 this morning? 25 COMMISSIONER MOSER: Burn ban went back on in 10-13-15 9 1 Precinct 2 on Saturday morning, I think. 2 COMMISSIONER BALDWIN: Burn ban is back on in 3 Precinct 1. 4 COMMISSIONER MOSER: Yeah. 5 JUDGE POLLARD: Yeah, that little -- I only got 60 6 points of rain at my house. Didn't hardly settle the dust. 7 Still got cracks that wide in my yard. I don't have anything 8 further to say, just underline what Commissioner Baldwin said 9 about the Mountain Home Fire Department. It was phenomenally 10 successful. I -- I think Bob indicated they had cut a bunch 11 of steaks -- what, 800 of them or something like that? 12 COMMISSIONER REEVES: We -- Darrell Dieringer had 13 precut 800 steaks, and we ran out and had to start 14 hand-cutting them to get everybody. So, it was a great 15 turnout. 16 JUDGE POLLARD: I want to tell you something, too. 17 It's hard to cook for a big crowd and serve a really good, 18 consistently good meal. You guys pulled that off. That was 19 a fantastic meal. It was really good, and I heard lots of 20 people saying that. That was the best meal I've ever been -- 21 gotten at a mass crowd like that. Fantastic job. All right. 22 COMMISSIONER LETZ: Just briefly, I, unfortunately, 23 missed that event, but I was at an event in Commissioner 24 Moser's area in Center Point. And those that haven't been to 25 Center Point -- I'm sure Commissioners Moser knows some of 10-13-15 10 1 this, but some people have been buying up quite a bit of 2 downtown Center Point. Three new buildings just got 3 purchased, and they're all being developed, and there's 4 a possibility of some restaurants going in, other shops, 5 other stores. So, Center Point is -- there's some that are 6 really trying to make a huge improvement in the old part of 7 downtown Center Point. Things are going on, so it's 8 interesting. It will be interesting to see if it all works, 9 and hopefully businesses will prosper. 10 JUDGE POLLARD: Commissioner Reeves? 11 COMMISSIONER LETZ: I was down there related to all 12 that stuff; that's why I was in Center Point. 13 COMMISSIONER REEVES: I think we've touched on the 14 good time at Mountain Home. We got a little rain. I have 15 put the burn ban back into effect in Precinct 4. There was a 16 pretty good grass fire last night, threatened some 17 structures. But Mountain Home, Harper responded, and a lot 18 of people with buckets and hoses and a few things like that. 19 We got -- nothing was lost, but it burned quite a bit of 20 country. So, the burn ban is back on in Precinct 4 as well. 21 COMMISSIONER LETZ: Incidentally, burn ban's on in 22 Precinct 3. While I never actually lifted it last time, I 23 guess it was assumed that since I'm usually aggressive in 24 lifting the burn ban, that when we got some rain, I did. But 25 it is on in Precinct 3, and has been the whole time, 10-13-15 11 1 actually. 2 COMMISSIONER MOSER: I'll add one more thing, if I 3 may, in general. Commissioner Letz mentioned the things that 4 are going on in Center Point, and we've talked about a lot of 5 activity business-wise going on in the east end of the county 6 with James Avery, 500 people, maybe Mooney with another 7 couple of hundred people if they do the new facility. We've 8 got the Martin Marietta new quarry that's going in. Anyway, 9 and then if -- and we'll talk later about the sewer treatment 10 plant and sewer facilities in Center Point. A lot of stuff 11 is moving that way, so Highway 27 is becoming more and more 12 congested. Commissioner Letz and I met with the Highway 13 Department, Sheriff and all the other day about seeing what 14 we could do. I think the -- TexDOT is looking for some of 15 these companies to help with some of their improvements in -- 16 in acceleration lanes and turn lanes and so forth, so I think 17 that we're going to see a lot of things happening out that 18 direction to accommodate the traffic. So, all that's good 19 for the county. So, anyway, that -- I just wanted to mention 20 that. 21 JUDGE POLLARD: TexDOT will probably pay a lot of 22 attention to that, because they -- they own about 12 and a 23 half acres of land out there in that industrial subdivision 24 across from the airport, and their future plans are -- I 25 don't know how far in the future, but to close down this yard 10-13-15 12 1 over on Sidney Baker and move everything out there. 2 COMMISSIONER MOSER: Mm-hmm. 3 JUDGE POLLARD: So, that's -- they're going to have 4 a personal interest in making sure that Texas 27 along there 5 gets done right. 6 COMMISSIONER LETZ: And before we leave that topic, 7 we met, I guess, two weeks ago, and the week that we met, 8 there was a fatality on 27, and another serious three-car 9 wreck on 27. And that -- unfortunately, things -- events -- 10 sad events like that push it up the priority of TexDOT 11 rapidly, and it's tragic that those things have to happen. 12 JUDGE POLLARD: Anything further by anybody? We'll 13 go to Item 1.1 on the agenda; consider -- this is a timed one 14 set for 9 o'clock. Consider, discuss, and take appropriate 15 action regarding the annual courthouse lighting agreement 16 between the Kerrville Christmas Lighting Corporation and Kerr 17 County. Is Mr. Bond here? 18 MR. HOWARD: No. Lee Howard. 19 JUDGE POLLARD: Okay. How are you today, sir? 20 MR. HOWARD: I'm doing terrific. Yourself? 21 JUDGE POLLARD: All right. 22 MR. HOWARD: I believe it's just the standard 23 agreement we've entered into for the past six years, that we 24 take out the insurance policy that indemnifies -- indemnifies 25 Kerr County if anything should happen. And our group will be 10-13-15 13 1 responsible for putting the -- the Christmas tree forest up, 2 the wreaths on the courthouse itself, and lighting the tree 3 trunks on the trees, the four large oaks in front of the 4 courthouse. 5 JUDGE POLLARD: It's always looked really good. 6 MR. HOWARD: We're going to -- we're going to take 7 the twinkle lights out of the big trees, and we're going to 8 use three to four or five big floods that will completely 9 light the entire tree up, which we think will look a lot 10 better, and it's a lot less labor without having to use the 11 lift out there as many days to go out there to take out the 12 strands that have gone bad and replace them with new ones. 13 JUDGE POLLARD: Very good. Any questions whatever? 14 Is there a motion? 15 COMMISSIONER REEVES: Move to approve the agenda 16 item. 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Been moved by Commissioner Reeves, 19 seconded by Commissioner Letz, that we approve the contract 20 for -- 21 COMMISSIONER LETZ: What are -- 22 JUDGE POLLARD: -- Christmas lighting again this 23 year. 24 COMMISSIONER LETZ: What are the dates that y'all 25 start? 10-13-15 14 1 MR. HOWARD: We will start -- our first day of 2 putting up is Halloween, October 31st. 3 JUDGE POLLARD: Okay. 4 MR. HOWARD: We'll be here that morning. But I 5 think myself and a few others will be here Thursday afternoon 6 to actually load the wreaths that are in the old storage at 7 the very top and get them to the back part, which is kind of 8 time-consuming 'cause of the two -- two walls that you have 9 to climb over to get them up there. 10 JUDGE POLLARD: You're going to have the 11 competition again? 12 MR. HOWARD: Oh, no. No, no, none of that. 13 JUDGE POLLARD: Huh? 14 COMMISSIONER REEVES: Not with the Christmas tree 15 forest? 16 MR. HOWARD: Oh, yes, we will have that again. 17 We -- and this year we will have 30 trees. We added 12 new 18 trees this year, so we've already sold -- I think we had four 19 remaining to be sold to local businesses to decorate. So, 20 we're way above schedule on getting those done, and they'll 21 be available to decorate on the -- on Saturday, the 7th, that 22 they will be in place. So, the people that purchased the 23 trees for decoration will be able to come down and start 24 decorating them. 25 JUDGE POLLARD: Did you sell one of those trees to 10-13-15 15 1 the Lutheran Church over here on Sidney Baker? They've 2 expressed to me that they would like to do that, so you may 3 only have three left to sell. 4 MR. HOWARD: I don't have my readers on, but 5 there's several on here. 6 JUDGE POLLARD: You might contact them. I think 7 they've told me they want to do it. 8 MR. HOWARD: I'll let Caroline Wilson know; she's 9 the one that's doing the selling for us. 10 COMMISSIONER LETZ: What's the price for the trees? 11 MR. HOWARD: We have just a nonprofit price, which 12 is $150, and then the for-profit price is $250. Which is a 13 lot less -- last year we had fewer trees. We did, with 14 A.D.A., a lot more, but lowering the price, increasing the 15 trees, we found that it was really easy to sell. 16 JUDGE POLLARD: Any further discussion? There 17 being none, those in favor of the motion, signify by raising 18 your right hand. 19 (The motion carried by unanimous vote, 4-0.) 20 JUDGE POLLARD: It's 4-0, unanimous. Thank you 21 very much. 22 MR. HOWARD: Thank you, gentlemen. 23 JUDGE POLLARD: We'll sign the contract. All 24 right. Item 2 is also timed, Item 1.2 on the agenda. 25 Consider, discuss, and take appropriate action to authorize 10-13-15 16 1 the County Judge to execute a letter of the proposed Center 2 Point/East Kerr County Wastewater Project to the Texas 3 Historical Commission, Precincts 2 and 3. Mr. Hastings. 4 MR. HASTINGS: Thank you. An archeological 5 investigation was performed in 2014 by Blanton and 6 Associates, and no significant deposits, sites, nor artifacts 7 were encountered or recorded. At this time, request that the 8 Court would authorize the County Judge to execute a letter of 9 transfer/ownership of the archeological investigation 10 conducted in 2014 for the proposed Center Point/East Kerr 11 County Wastewater Project to the Texas Historical Commission, 12 and this is in Precincts 2 and 3. 13 COMMISSIONER LETZ: Move approval. 14 COMMISSIONER MOSER: Second. 15 COMMISSIONER LETZ: And what we're basically doing, 16 we're just transferring the study so they can keep it in 17 the -- 18 MR. HASTINGS: Yes, from what I understand. 19 JUDGE POLLARD: Any further discussion? Those in 20 favor of the motion, signify by raising your right hand. 21 (The motion carried by unanimous vote, 4-0.) 22 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 23 sir. All right, 1.3, also timed at 9:05. We're past that 24 time. Consider, discuss, and take appropriate action on 25 request by the Hill Country District -- something committee 10-13-15 17 1 to renew contract with Kerr County to provide mediation 2 services in Kerr County and for funding. That's Hill Country 3 Dispute Resolution Center, isn't it? 4 MR. REAVES: Good morning. 5 JUDGE POLLARD: Good morning, Mr. Reaves. 6 MR. REAVES: As you know, we mediate cases in hopes 7 of clearing up the dockets somewhat. I'm glad to report that 8 in the last year, we had a total of 164 cases, one more than 9 the year before. We seem to be on track this year for maybe 10 a little more than that. The Kerr County cases in that total 11 were 90. 81 of those 90 cases resulted in a settlement 12 agreement, or 90 percent settlement agreement, so it was a 13 very good year last year. And what I have noticed is 14 99.9 percent of the people that leave the center when their 15 case is done say "thank you," 'cause they've been listened 16 to. And even if they don't settle on the day of mediation, 17 it plants seeds that often result in a settlement. Now, the 18 District Clerk has estimated previously that each day of 19 trial saved, that we don't have to have, saves between $1,500 20 and $10,000 a day, particularly with the more difficult cases 21 like Child Protective Services. And we had 29 Child 22 Protective Services cases last year, so that would be a very 23 significant savings. We're talking, you know, hundreds of 24 thousands of dollars using the District Clerk's metric. 25 Now, we received a total of just under $37,000 from 10-13-15 18 1 our various counties last year. Actually, $36,271. Our 2 distribution from Kerr County equated to 39 percent of that, 3 but we had -- 55 percent of our cases were Kerr County cases. 4 If you had applied that 55 percentage to the total amount 5 provided by the counties last year, that would equal just 6 under $20,000. As of today, we have just over $40,000 in the 7 Fund 40 account. You recall, each time somebody files a 8 civil case in Kerr County, they pay $15. It goes in into 9 Fund 40, which is exclusively for A.D.R. purposes, and it's 10 built up to the point it's $40,000. So, we're asking your 11 consideration of making a $20,000 distribution this year to 12 allow us to have a little bit of a contingency fund, 'cause 13 some months we have more cases than others. 14 JUDGE POLLARD: That's as opposed to how much last 15 year, Ed? 16 MR. REAVES: $14,000. 17 JUDGE POLLARD: Okay. So, it's an increase of 18 $6,000. 19 MR. REAVES: Yes, sir. 20 COMMISSIONER LETZ: Haven't we done this? Didn't 21 we already do this? 22 MR. ROBLES: It's already in the budget. 23 MS. DOSS: It's already in the budget. 24 COMMISSIONER LETZ: It's already been done. You 25 almost didn't get it 'cause you came late. 10-13-15 19 1 MR. REAVES: Oh, very good. 2 COMMISSIONER LETZ: It's in the budget, but next 3 year, please make sure you get it in earlier. We had to do 4 it at the last minute. 5 MR. REAVES: Yes, sir, thank you. 6 JUDGE POLLARD: We adopt the budget towards the end 7 of August, so it'd probably be a good idea July or earlier. 8 MR. REAVES: Right. 9 COMMISSIONER REEVES: Is it budgeted at the $20,000 10 level? 11 MS. DOSS: Yes, sir. 12 COMMISSIONER BALDWIN: So, we -- it says here that 13 you wanted to talk about the contract. You want to talk 14 about the contract? 15 MR. REAVES: Yes, sir. We respectfully request 16 approval of our contract for this fiscal year. This is -- 17 we've been providing mediation services since 2002. And for 18 people who haven't been on the commission a long time, you 19 may not know that the Hill Country Dispute Resolution Center 20 was a project created by the 216th and 198th District Courts 21 together with the Kerr County Bar Association, and it -- we 22 get tremendous support from our bar and from the volunteer 23 mediators. We have probably about 100 volunteer mediators, 24 so we have expertise in just about every area. 25 COMMISSIONER BALDWIN: Ed, you're talking about the 10-13-15 20 1 -- you're talking about dollars and cents, and you -- what we 2 do is, if you ask for a flat rate, then that's what we give 3 you, is a flat -- and then you got into comparing us with 4 other counties and how much they give and how much we give; 5 55 percent was used in Kerr County, and it should have 6 been -- the money should have gone up. Do you think that we 7 should, I mean, change our -- our contract to read something 8 to that effect, that we would pay as per number of usages? 9 Or -- 10 MR. REAVES: Well, whatever works best for the 11 county. 12 JUDGE POLLARD: The allocation. 13 COMMISSIONER BALDWIN: Yeah, the allocation of it. 14 I mean -- 15 MR. REAVES: Because we're always a year behind, 16 you know. We're looking at 2014 in the statistics, and -- 17 COMMISSIONER BALDWIN: So, is the contract the same 18 as last year? 19 MR. REAVES: Yes, sir. 20 COMMISSIONER BALDWIN: I move for approval of 21 renewing the contract. 22 COMMISSIONER LETZ: Second. 23 JUDGE POLLARD: Been moved and seconded that the 24 contract with Hill Country Dispute Resolution Center be 25 renewed. Is there any further discussion? 10-13-15 21 1 COMMISSIONER REEVES: Has the County Attorney 2 reviewed the contract? 3 MS. STEBBINS: I have reviewed it, yes, sir. 4 COMMISSIONER REEVES: And everything's fine with 5 it? 6 MS. STEBBINS: Yes, sir. 7 COMMISSIONER REEVES: Thank you. 8 MR. REAVES: Thank you. 9 JUDGE POLLARD: Any further discussion? Those in 10 favor, signify by raising your right hand. 11 (The motion carried by unanimous vote, 4-0.) 12 JUDGE POLLARD: It's 4-0, unanimous. Thank you, 13 Colonel. 14 MR. REAVES: Yes, sir. 15 JUDGE POLLARD: Good to see you, sir. All right. 16 1.4; consider, discuss, and take appropriate action to hire 17 for budgeted position in Motor Vehicle Department. Diane 18 Bolin. That's the Motor Vehicle Department of the Tax 19 Office; is that correct? 20 MS. BOLIN: It is, yes, sir. 21 JUDGE POLLARD: Not Road and Bridge. 22 MS. BOLIN: No. No, it's the Tax Office. We had a 23 young lady who resigned due to medical reasons, and I need to 24 fill that position. It is budgeted. 25 COMMISSIONER MOSER: Move for approval. 10-13-15 22 1 COMMISSIONER BALDWIN: Second. 2 JUDGE POLLARD: It's been moved and seconded for 3 approval of Item 1.4, to hire a person for that budgeted 4 position that's become vacant. Is there any further 5 discussion? There being none, those in favor of the motion, 6 signify by raising your right hand. 7 (The motion carried by unanimous vote, 4-0.) 8 JUDGE POLLARD: It's 4-0, unanimous. 9 MS. BOLIN: Thank you. 10 JUDGE POLLARD: Thank you. 1.5 -- do you want to 11 go to those -- 12 COMMISSIONER MOSER: Yeah, if you don't mind. 13 JUDGE POLLARD: -- accelerated ones now? 14 COMMISSIONER MOSER: 1.24 and 1.25. 15 JUDGE POLLARD: 1.24; consider, discuss, and take 16 appropriate action concerning potential modifications to 17 Economically Distressed Areas Program, EDAP, and Clean Water 18 State Revolving Fund, CWSRF, 2016 applications. Commissioner 19 Letz, Precinct 3. 20 COMMISSIONER LETZ: Before we get started with the 21 Water Development Board, we submitted all the applications, 22 and they came back with a -- and we've previously authorized 23 the County Judge to make any -- to submit everything 24 necessary to complete them. They have requested something 25 that we didn't expect, and I wanted to bring it back before 10-13-15 23 1 the Court. Because of the -- kind of the nature of the 2 project, which means that there's no revenue coming in 3 initially for the project, they have asked that we pledge, in 4 addition to the revenue from the project, a -- basically, 5 revenue off our ad valorem taxes as well, which we had not 6 planned on doing. 7 COMMISSIONER MOSER: You might just say for the 8 record, this is the East Kerr County Wastewater -- 9 COMMISSIONER LETZ: For the East Kerr County 10 Wastewater project. Talked to them about it, and the problem 11 comes -- the revenue will still be coming from the project. 12 They just want a pledge, because there's no project -- 13 there's nothing there, and they look at, I guess, a situation 14 or a scenario that the project gets started and then gets 15 delayed, and there's no revenue coming in, and there's a 16 payment -- an interest payment. You have to do interest 17 payments right up front, so those would have to come from the 18 ad valorem taxes, because there's no revenue coming in, 19 though the intent would be that the ad -- that we would -- I 20 guess our general fund would be reimbursed that amount by the 21 revenue to be collected once we start collecting revenue. To 22 me, that's a bit of a change, so I wanted to bring it to the 23 Court. The -- two points right now. One, I went to Austin 24 and met with their lead financial people, and also with the 25 assistant to Director Bruun -- or Chairman Bruun of Water 10-13-15 24 1 Development Board about this issue so I could understand it a 2 little bit better. And out of those meetings, it came up 3 that $29 million of the project is EDAP-eligible. Of those 4 funds, it appears 100 percent of that's going to be funded by 5 the State; we won't have any contribution required. We were 6 anticipating a 20 percent contribution, about, but it looks 7 like because of the economics of the area, the economics of 8 the project, that they'll be 100 percent funded. 9 COMMISSIONER MOSER: You might mention the total 10 thing is $44 million, so that's -- 11 COMMISSIONER LETZ: Total part is 44. That 12 leaves -- the Clean Water portion would be about $15 million. 13 And of that, 30 percent would be obligated by the project -- 14 by the revenue for the project, so we're looking at about 15 $5 million out of the $44 million pledge that will be 16 required. From talking with our financial advisor, how that 17 has to happen, though, is we have to issue -- or would have 18 to issue a C.O. for that $5 million, and that they would draw 19 down on it as needed. Which would be not much, but you have 20 to issue it for the full amount. I'm mainly looking at 21 Brenda to make sure I understood that, because we're getting 22 a little bit out of my general area of knowledge when you get 23 into how you do all that, on the issue of C.O.'s and things. 24 So, that's where we are on it, and I just wanted to -- so 25 it's a significant -- it's a change to the project. I think 10-13-15 25 1 it still makes sense. It's -- so the project's still going 2 to be paid for by the revenue; it's just that, basically, the 3 people that will be buying in from the Water Development 4 Board, it's going to make it a whole lot easier to sell if 5 there's a pledge from the County, not just a pledge from the 6 project that hasn't been built yet. A couple of other 7 things. This has to be in to Austin by tomorrow. 8 COMMISSIONER MOSER: 20th. 9 COMMISSIONER LETZ: No, not this one. Day after 10 tomorrow; I think it's the 15th. There's different -- the 11 EDAP one's the 20th. 12 COMMISSIONER MOSER: Okay, EDAP is the 20th. 13 COMMISSIONER LETZ: The other -- but the Clean 14 Water, I believe, is the 14th or 15th. So, we just have 15 to -- and it's ready to go. We just have to, if we're going 16 to do it, approve that. However, there is a -- getting this 17 submitted to EDAP by the 20th and Clean Water by tomorrow 18 gets our applications administratively complete. It will not 19 go to the Water Development Board until their December 20 meeting, and any time during that period, we can pull the 21 application if we decided after learning something else, or 22 we can also modify the application, which may be -- and we 23 figure out a way to do it, to modify it so it's only the 24 revenue -- if we figure out some other way to, I guess, 25 insure that the revenues will be sufficient, and Water 10-13-15 26 1 Development Board will agree to that. The other option is to 2 go -- is not to go along with the recommendation of the 3 financial advisor at Water Development Board, and ask the 4 board to make the decision, but I think it's a little bit 5 risky, 'cause they're not going to recommend the project 6 right now. 7 COMMISSIONER MOSER: Yeah, and the key thing is 8 they have to be in tomorrow, okay, or else it gets put off 9 for a year. 10 COMMISSIONER LETZ: Right. 11 COMMISSIONER MOSER: And I think Jonathan said it 12 exactly right; we've got till December if we need to modify 13 that on this -- on assuring this additional $5 million out of 14 $44 million. Which that's the key, okay. But we need the 15 Court's approval to do that, which right now looks like a 16 C.O. So, that's the way we would -- we'd say we'll cover it 17 with ad valorem taxes in the application. 18 COMMISSIONER LETZ: Right. 19 JUDGE POLLARD: Is a C.O. going to avoid pledging 20 all of our ad valorem taxes? 21 COMMISSIONER LETZ: It won't be all of it; it will 22 be enough to cover the $5 million C.O. It would be like any 23 other C.O. that we would issue, except the funds would 24 stay -- we wouldn't be expending the funds unless they were 25 needed, as I understand it. 10-13-15 27 1 COMMISSIONER MOSER: And one other thing I think 2 that's really important to recognize is where we are in the 3 queue for Water Development Board on this project, because 4 we're number two in the state, and if this gets delayed a 5 year, who says that we're going to be ranked that high? 6 COMMISSIONER LETZ: So, I mean, the difference is 7 we're -- it's not changing where the revenue -- or the 8 project funds is going to come from. It's just going to mean 9 the County's going to guarantee -- 10 COMMISSIONER MOSER: Guarantee. 11 COMMISSIONER LETZ: -- part of it. 12 COMMISSIONER BALDWIN: But there is some funding up 13 front that's reimbursable, I understood you to say. 14 COMMISSIONER LETZ: The -- we could reimburse 15 ourselves out of the revenue that comes from the project, 16 yes, 'cause there will be interest payments before there's 17 any revenue. I mean, there's -- there will be interest 18 payments during the construction phase. And after the 19 revenue does start coming in, our general fund can be 20 reimbursed the interest that we pay. The other option is, we 21 can capitalize the interest and roll that into the debt, 22 which would come, you know, out of the revenue then. But 23 that increases the amount you're borrowing. So, you know, my 24 recommendation is that we approve this modification to the 25 application, and then we can bring it back between -- you 10-13-15 28 1 know, sometime in November and look at it, and maybe get 2 Dusty Traylor up here as well, because he's the one who truly 3 understands how all this works. The negative to the County, 4 if there's a negative, would be it impacts our borrowing 5 'cause we have more debt. I asked Dusty point-blank; I said, 6 "Is this going to cause our bond rating to go lower 'cause 7 we're increasing the debt?" He said no. He says that for 8 our financial strength in the county, and the amount of debt 9 we have, the total outstanding, $5 million isn't going to 10 change anything. Now, if we were to borrow $44 million, he 11 says yes, but $5 million he says is not going to impact our 12 debt. But I think that, you know, Dusty can far better 13 explain how the C.O. works. I have a hard time envisioning 14 how you keep a C.O. and -- or a pledge of a C.O., you know, 15 when we don't need the money. So, anyway, there's part of 16 that I don't understand. I understand what we're trying to 17 do. I don't understand the mechanism of how the actual money 18 works. 19 COMMISSIONER BALDWIN: Let me ask one little 20 question. If we approve the modifications today, do we need 21 to -- is there a dollars-and-cents layout of public money 22 today? 23 COMMISSIONER LETZ: No. 24 COMMISSIONER BALDWIN: Immediately? 25 COMMISSIONER LETZ: No, we're just putting it into 10-13-15 29 1 the application. You know, and even if it goes to the -- you 2 know, there are, and I guess it's a good thing, three moving 3 pieces to this. There's a 2015 application, a 2016 4 application, and then a -- or two 2016 applications. The 5 EDAP ratio, how much you can be funded by the state, we don't 6 know that yet. We were -- as I said, we were anticipating it 7 to be about 80 percent state, 20 percent local. They told me 8 in Austin that it's going to be close to 100 percent state. 9 Once you figure out that ratio, and you figure out how much 10 money's available from the EDAP and how much is going to be 11 available in the next biennium, that kind of helps us figure 12 out exactly what the amounts are. Until we -- the Water 13 Development Board approves our applications, hopefully in 14 December, then we still have probably another two to three 15 months to accept the application. So, we don't -- we're not 16 signing anything until probably almost six months, out of 17 actually -- of saying we're committed. 18 COMMISSIONER MOSER: Good job. 19 COMMISSIONER REEVES: So, basically, if we were in 20 the private sector and we were borrowing money, and we had 21 "X" amount for collateral, and they said, "No, in order to 22 get the loan, you've got to put up more collateral," that is 23 what we're doing right now, is putting up more collateral by 24 pledging a portion of the taxes? 25 COMMISSIONER LETZ: Yeah. 10-13-15 30 1 COMMISSIONER REEVES: And by doing it today, we 2 can, in a month, say, "Hey, after we've heard everything, we 3 got to look at some other way," and we can pull it out, and 4 we're not on the hook for anything? 5 COMMISSIONER LETZ: Not on the hook for anything. 6 COMMISSIONER MOSER: Yeah. This just enables it 7 with the application. 8 COMMISSIONER LETZ: Kind of more -- it's not 9 additional collateral. It's probably saying, "Hey, before we 10 can give your business part of the money, you're going to 11 have to personally guarantee it." 12 COMMISSIONER REEVES: Okay. 13 COMMISSIONER LETZ: That's kind of what it is. 14 COMMISSIONER REEVES: Okay. 15 COMMISSIONER LETZ: Anyway, I'll make a motion that 16 we approve the mod -- the modification to our outstanding 17 applications for Clean Water State Revolving Fund and the 18 EDAP to allow for ad valorem tax pledge in addition to the 19 revenue of the project. 20 COMMISSIONER MOSER: In 2016 funds, not 2015. 21 Right? 22 COMMISSIONER LETZ: All of them. 23 COMMISSIONER MOSER: Oh, yeah. I'll second. 24 JUDGE POLLARD: It's been moved and seconded to 25 approve what's requested by Commissioner Letz in his motion. 10-13-15 31 1 Is there any further discussion? 2 COMMISSIONER BALDWIN: I'd like to know if you do 3 have intentions of getting Mr. Traylor up here to get it out 4 of the weeds and -- 5 COMMISSIONER LETZ: Certainly. 6 COMMISSIONER BALDWIN: -- so we can look at it. I 7 think that would be a wise thing to do. 8 JUDGE POLLARD: So do I. 9 COMMISSIONER LETZ: I think we'll do it maybe at 10 our first meeting in November. Then we'll know where 11 everything is. 12 JUDGE POLLARD: I've never seen a construction 13 project that didn't have unexpected delays, which means 14 probably we're going to have to make some interest payments 15 along the way, maybe even more than we anticipated. So, I 16 can see a lot -- fraught with a lot of risk in doing this. I 17 really -- I'm concerned about it. You know, we have this -- 18 we've got a lot of other obligations we're obliged out of a 19 lien, you might say, on our revenue, and so I think we need 20 bond counsel and counsel -- an expert in this particular area 21 to make sure we're not stepping into a bear trap here. 22 COMMISSIONER LETZ: And for clarification, I don't 23 think we have to do it at this point, but by capitalizing the 24 interest that's rolled -- we borrow the interest up front, 25 and I believe we can do that at the same time. Or, you know, 10-13-15 32 1 at some point. So -- 2 JUDGE POLLARD: It's scary. Any further 3 discussion? There being none, those in favor of the motion, 4 signify by raising your right hand. 5 (The motion carried by unanimous vote, 4-0.) 6 JUDGE POLLARD: It's 4-0, unanimous. All right, 7 let's go to 1.25; consider, discuss, and take appropriate 8 action regarding the $25,000 placed in the Nondepartmental 9 Contingency Fund for library funding. Commissioner Baldwin. 10 COMMISSIONER BALDWIN: Thank you very much. I'm 11 going to read a couple of lines out of the minutes of last 12 meeting to just -- to build the foundation here so we can 13 talk about this. Judge Pollard says, "So, is the motion, to 14 simplify it, to add $25,000 to the Commissioners Court 15 contingency fund, maybe to be used contingent upon the County 16 Attorney approving it?" Commissioner Letz says, "Yes." And 17 Pollard says, "To be used for city library cards for young 18 people that qualify who live in the county, but not in the 19 city; is that the motion?" Commissioner Letz says, "That's 20 fine." Commissioner Moser says, "That's the motion." Judge 21 says, "All right." Commissioner Moser seconded his own 22 motion. This is not right. We can't be doing this, number 23 one. So, it passed three to one; I voted against. So, I 24 wanted to bring it back. I think it's a wrong thing that 25 we're doing. Number one, we have an agreement -- a long-term 10-13-15 33 1 agreement with the City. We used to pay, like, $200,000 a 2 year over there, and moving some things around, we let them 3 know that we were going to decrease our contribution to the 4 city for the library until it got down to zero. We got 5 there. I can't figure out why we want to start all over and 6 start all that again. We had this meeting, and it was in the 7 newspaper a couple of days ago as if it was a done deal. A 8 City Councilman made a comment in the paper that it just 9 simply wasn't enough. And that is the front-runner of the 10 next word you're going to hear from the City, is we need to 11 pay our fair share. And, historically, that's the way it's 12 been, and I'm sure that's the way it's always going to be. 13 And they will expect us to be paying the $200,000 again in 14 the near future. I'm opposed to that, because, number one, 15 we've agreed to it, where we are with the zero. And by this 16 late in the game of moving $25,000 to Commissioners Court 17 contingency fund -- which there is no such thing. There is a 18 contingency fund in the budget, but not under Commissioners 19 Court. You know, I think about my cost-of-living raise that 20 I gave up; I gave up because we were broke and we needed 21 every penny that we could round up, and so I gave up my 22 cost-of-living raise. I didn't give it up to give to the 23 City. We have volunteer fire departments out there; we have 24 First Responders out there. I'm sure Rusty would like to 25 have some of this. He's not going to get it, but I'm sure 10-13-15 34 1 he'd like to have it. There's all kinds of -- there's all 2 kinds of places that is more appropriate, like volunteer fire 3 departments, if you wanted to give away $25,000 than it is to 4 give to a library. You know, and I can't figure out -- I 5 can't figure it out. Why -- what are they going to do with 6 that money? Do they need to hire people? Do they need to 7 buy new computers? What is the -- what is the deal with 8 that? So, you know, to me, it's a false move. They simply 9 want to -- you know, they need to buy new tires for an 10 ambulance or something. That's the way they operate. And 11 that's the way -- that's what this is all about. It doesn't 12 -- doesn't have anything to do with the young kids, I think 13 y'all -- y'all ended up -- it's the children thing. Doesn't 14 have anything to do with that. It has everything to do with 15 the City wanting the County's money, and I'm opposed to it. 16 And I'm -- I know -- I'm sure that you have some comments to 17 make. 18 COMMISSIONER MOSER: I do. 19 COMMISSIONER BALDWIN: Good for you. But I'm going 20 to move that we rescind that court -- court order, which is a 21 total false court order to begin with. Plus, by this action, 22 we increased the budget $25,000. That's all I have right 23 now. 24 COMMISSIONER MOSER: Some comments -- 25 COMMISSIONER BALDWIN: So if you have any 10-13-15 35 1 comments -- 2 COMMISSIONER MOSER: You bet. 3 COMMISSIONER BALDWIN: Well, good for you. I see 4 you're fired up about it, and I'm happy for you. 5 COMMISSIONER MOSER: Well, I've been fired up about 6 it for two years. It doesn't have anything to do with giving 7 the City money. What it has to do with is enabling people in 8 this county, and primarily the youth that can't afford to go 9 to the library. A lot of them do not have even computers at 10 home, and not being able to have access to the internet, not 11 being able to have access to educational material, okay, is 12 really dumb. So, what we've looked at is I've tried to get 13 the County -- and what -- what messed this whole thing up was 14 the City and the County, number one, going back to 1969, 15 agreed to do operations 50/50 on the library. We didn't help 16 build the library; it was a donation. That was a thing you 17 said incorrect last time. The other thing is, we -- we did 18 that up until, I think, 2011 or something of that order, 19 okay. We backed off. We had an agreement with the City; 20 they would do the -- they would do the library, we'd do the 21 airport. The City mayor at that time, David Wampler, decided 22 he didn't like that; he wanted to participate in the airport. 23 That messed everything up. So, the City asked us to pay 24 our -- for the city -- county residents outside of the city 25 to be -- have full access to the library, to pay half the 10-13-15 36 1 operating costs. We chose not to do that, okay. So they 2 said, "Okay, if you're going to have people outside the city, 3 then you have to pay $65 for internet access and books. If 4 you want books only, you pay $35." There are a lot -- 5 Commissioner, there are a lot of people in this county that 6 can't afford it. They call me. They call you. They 7 probably call everybody. They write to the paper. I think 8 for a community of our stature and our progress to not have 9 library facilities available for people that can't afford it 10 is ridiculous. So, we're not going to -- and I've tried to 11 put it in the budget the last two or three years of half the 12 operating costs; that doesn't go through. I found another 13 way of doing it. It's through a not-for-profit organization. 14 If we can provide the money to that operation, then they can, 15 in fact, vet the people who need it and pay for the library 16 cards and access to the library. I've reviewed that with the 17 County Auditor -- with the Auditor, I should say. The County 18 Attorney, we met with Read-2-Win last Monday, I believe it 19 was. It looks like it's something that we can do. They've 20 given us the outline for a contract by with which we can 21 provide funds to them to enable a few people in this county, 22 for less than 1 percent of the budget, okay, less than 1 23 percent of the budget, eight-tenths of one percent of the 24 budget, to do that for $25,000. I think we'll see that used 25 very quickly. I think -- I don't know the last time you've 10-13-15 37 1 been in the library. I go there a lot. I haven't seen you 2 over there, but -- 3 COMMISSIONER BALDWIN: I can't afford it. 4 (Laughter.) 5 COMMISSIONER MOSER: You can't afford it, good. 6 I'll pay for your ticket. There are a lot of students and a 7 lot of people that go to that library that are there. They 8 can't use it. They can go in and use it in place, but they 9 can't take things home with them. They can't use the 10 computers. So, I think it's -- it's something that this 11 should do. And if we need to re -- on the court order, I'll 12 make a motion -- 13 COMMISSIONER LETZ: There's already a motion on the 14 table. 15 JUDGE POLLARD: He made a motion. 16 COMMISSIONER MOSER: Okay, then I'll hold off and 17 I'll make another motion if we rescind -- 18 COMMISSIONER LETZ: I'll second Commissioner 19 Baldwin's motion. 20 COMMISSIONER BALDWIN: See, I think that -- thank 21 you. I think that you're going at it -- in my opinion, 22 you're going at this the wrong way. It's not -- I mean, I 23 don't know what the reason is that they need money, but 24 it's -- I mean, there's a letter -- you say that the people 25 write letters all the time in favor of your side. Read 10-13-15 38 1 today's paper. There's a person in there that just -- you 2 know, a retired schoolteacher that just says, "Why does the 3 City want to act that way?" You know. 4 COMMISSIONER MOSER: No, she called me. She didn't 5 say that. 6 COMMISSIONER BALDWIN: Don't interrupt me again, 7 please. 8 COMMISSIONER MOSER: I'm sorry. 9 COMMISSIONER BALDWIN: So, the deal is -- is that 10 it's not the people out there. It's the City doing this. 11 There's no reason for them to be doing that. 12 COMMISSIONER MOSER: Commissioner, if you take a 13 look, it takes some time to look at what their operating 14 budget is, which I do every month, okay. I see every single 15 thing that they have in there. They've had to cut back since 16 they got less funds from us, okay. The lady who wrote the 17 letter to the editor today is not complaining about the City. 18 She doesn't have money, okay? She and her husband, who's 19 handicapped, do not have $65 to use that library. That's her 20 point. She thinks it's ridiculous that somebody that lives 21 in this county can't have access to the library. 22 COMMISSIONER BALDWIN: I agree. 23 COMMISSIONER MOSER: She can't afford it. So, it's 24 not against -- it's not against the City. 25 COMMISSIONER BALDWIN: No. 10-13-15 39 1 COMMISSIONER MOSER: Okay? Not the city, the 2 county. 3 COMMISSIONER BALDWIN: I agree that -- the same 4 issue. But the reason that we have this issue is because the 5 City's cutting people off -- the taxpayers off. I mean, 6 that's the bottom line. And I'm not -- and I'm not trying to 7 be ugly; I'm trying to be real about this. 8 COMMISSIONER MOSER: They're operating -- 9 COMMISSIONER BALDWIN: And historical. 10 COMMISSIONER MOSER: They're operating a facility, 11 okay. It costs -- costs $700,000 a year to operate. That's 12 what their operating budget is. At one time, we were 13 contributing 200,000. We said, "Oops, you're not getting 14 that 200,000." Well, when you're operating a thing, 15 something like that, they too have a budget. They had to 16 reduce their operating cost. 17 COMMISSIONER BALDWIN: No, wrong. 18 COMMISSIONER MOSER: Well, they -- 19 COMMISSIONER BALDWIN: I'd like to vote on my 20 motion, please. 21 JUDGE POLLARD: I'd like to make a comment too, and 22 I'll just go around. 23 COMMISSIONER LETZ: Okay. 24 JUDGE POLLARD: We've had a hard time adopting our 25 last two budgets. I don't know about the one prior to that 10-13-15 40 1 time, because I wasn't on the Court at the time. There's a 2 shortfall in our budget. We don't -- anticipated revenues 3 are not going to be enough to cover our expenditures, and 4 that's been the case the last two times. So, times are 5 tough. And so I look at it differently, on different grounds 6 than Commissioner Baldwin. I look back and say, "Hey, let's 7 look and see what we're obligated to do first." And what 8 we're obligated to do first is what the Constitution and the 9 laws of the state of Texas say. That's -- we have certain 10 things that we're mandated, that we're supposed to do to 11 provide the services that you see here at the courthouse. 12 The Tax Assessor's office, the County Clerk's office, the 13 District Clerk, the court system, law enforcement. And I've 14 gone through those items, and I don't see anywhere in there 15 that says we're mandated to provide education. Now, I know 16 that there are other agencies that are, but not us. So, it 17 would be fine if we had extra money to throw around to do 18 this kind of thing. We don't, so I'm opposed to it on the 19 grounds of -- of what we're required to do to make the 20 budget -- try to make the budget balance and try to pay our 21 bills. That's what I'm -- that's why I'm opposed to it. And 22 I'm going on record; I'm opposed to spending that money that 23 way. You're up. 24 COMMISSIONER LETZ: When I voted for this last 25 week, what I thought we were actually voting on is to put it 10-13-15 41 1 in nondepartmental and -- and decide later, which I guess is 2 kind of what we're doing today. And I thought about it, and 3 I think I pretty much agree with everything Commissioner 4 Baldwin said, how we got here. The -- I do think it's 5 important for us to go back, is that we did work out a deal. 6 The City changed the airport portion of it. They've never 7 canceled the rest of the deal, to my knowledge. I've never 8 received a letter from the City saying that the animal 9 control part of that deal has been canceled, which would mean 10 that they would take over animal control in the city, which 11 the City Charter requires the City to do. They don't say 12 that the Environmental Health Department part has been 13 canceled, which was part of that deal, and they're obligated 14 to do that in the city. We do those two things for the City, 15 which is far more than, you know, the 200,000 that they want 16 for the library. So, for -- for the public, for the 17 newspapers to keep on saying that we're not paying our fair 18 share, for the City to say that, it's just flat wrong. We 19 are providing services to the residents of Kerrville that we 20 are not required to do, and that the City is required to do 21 for their citizens, and that needs to be made clear. So, the 22 fact that -- you know, that we're not doing anything, that's 23 just not right. We made a deal with the City. The -- Mayor 24 Wampler made a decision to change one part of that deal. The 25 City's not living up to the deal. It's not us. I think some 10-13-15 42 1 of the articles that I've read on Facebook or the 2 newspaper -- I'm not sure where they all came from -- you 3 know, goes into -- I think it is ludicrous for the City to 4 make an argument that county residents don't pay taxes in the 5 city of Kerrville. Many -- I mean, every person that lives 6 in this county shops in Kerrville at some point, and pays 7 taxes in the city of Kerrville. 8 JUDGE POLLARD: And many own property. 9 COMMISSIONER LETZ: And many own businesses, too. 10 For them to say that we don't pay taxes is just ludicrous. 11 And then the budget issue, the Judge is absolutely right. 12 Adding things at the last minute -- and Commissioner Reeves 13 got his in; that is a designated fund -- is wrong. We don't 14 have the money. And so my position has changed on this 15 issue. It's in the budget, but it just stays in wherever -- 16 either in contingency or in nondepartmental, one of those 17 two. I'm not sure -- 18 COMMISSIONER BALDWIN: Of course, that would be up 19 to the Auditor. That's what the Auditor does. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER BALDWIN: To leave it somewhere. 22 COMMISSIONER LETZ: It's in the budget. We 23 budgeted for it, so -- 24 JUDGE POLLARD: Mr. Reeves? 25 COMMISSIONER REEVES: First of all, the Mr. Reaves 10-13-15 43 1 you were referring to was not me. 2 COMMISSIONER LETZ: Not you, sir. 3 COMMISSIONER REEVES: Okay, good. Clarify that. 4 'Cause it was a long weekend; I couldn't think where I did 5 that, but... (Laughter.) The money's already in the budget, 6 correct? We're not voting to take it out of the budget. 7 COMMISSIONER MOSER: Correct. 8 COMMISSIONER REEVES: And we're not -- the way I 9 understood the vote to be was that it's going to be a 10 contingency. If we could come up with an agreement to work 11 out with this nonprofit, the money never would go to the 12 City; it would go to the nonprofit. Basically, a 13 scholarship, for the lack of a better term, and that's what's 14 I understood it to be, would be placed in the contingency to 15 determine at a future time whether we want to go ahead and 16 fund this at a future time. 17 COMMISSIONER MOSER: That's correct. 18 COMMISSIONER REEVES: Is what I understood us to be 19 voting on. And so I don't see a need to rescind anything at 20 this time, simply because we haven't decided what to do with 21 it in the contingency. It's already in the budget. 22 COMMISSIONER MOSER: Agreed. I want to make one 23 other comment, if I can -- may. I think Commissioner Letz 24 said it correctly, that the agreement between the City and 25 the County became invalid once the agreement with the airport 10-13-15 44 1 was changed. It's true the City doesn't pay for animal 2 control, doesn't pay for environmental health. I think that 3 this body should take a serious look at what a fair amount is 4 paid by the residents that live inside the city and outside 5 the city for the services. People in the city pay city taxes 6 and county taxes both. It's a very complicated thing. I've 7 tried to do it myself; I've asked the Auditor to do it. I 8 think it's tough to do, to look at a fair allocation of what 9 services are received by people that live inside the city and 10 outside the city for all the services; the library, the 11 airport, animal control, recycling at one time, all these 12 things. We need to just go back to the City and get an 13 agreement on what's a fair share, and see if we can't move 14 forward in the future. That would be a different agenda 15 item, and I'll do that sometime in the future. But in the 16 meantime, I think Commissioner Reeves said it exactly right; 17 was contingency is there. If it's something that we can do 18 with the money that we approved in the budget, then -- and it 19 passes the Auditor and passes the County Attorney, then we 20 can decide at that time. But -- and if I need to make a 21 motion again, okay, same way we did it last time, I won't 22 second it this time. 23 JUDGE POLLARD: There's a motion on the floor. 24 COMMISSIONER MOSER: Okay, excuse me. 25 COMMISSIONER LETZ: But -- 10-13-15 45 1 COMMISSIONER BALDWIN: I -- the reason that I used 2 the word "rescind" and would desire to rescind it is to get 3 that money and have it put somewhere safe. So -- I feel like 4 it's -- when we moved it over there, I feel like that it's 5 kind of dangling out there, to me, ready for us to just 6 gobble up, and it's so dadgum easy to do. So, I would rather 7 put it somewhere -- of course, that's going to be up to the 8 Auditor, but I thought it would be done that way by 9 rescinding the court order, and to -- for her to put it back 10 where it came from, wherever that is. 11 COMMISSIONER LETZ: I think the comment I'd like to 12 make, I think it needs to be rescinded, because it was made 13 and seconded by the same commissioner, which is - makes it 14 invalid. But I think also, the -- it goes to a -- a bigger 15 point; that motions are made, that then we talk about them a 16 lot, and sometimes I'm not -- and then the court order is 17 issued, and what is on the court order is the rule, the law, 18 whatever you want to call it, and that's not what some of us 19 think we did sometimes. So, it's unclear -- I mean, by 20 reading what Commissioner Baldwin did, I presume what he read 21 was correct. That is not exactly as I remembered all of that 22 happening. I think that probably happens more times than 23 not. But I think rescinding it is better, and if another 24 motion is to be made to do something along those lines with 25 -- you know, that can be done, but I think it -- I think it's 10-13-15 46 1 appropriate to rescind it, just because it's not valid being 2 the way it was done. 3 COMMISSIONER REEVES: May I ask a question to the 4 Auditor? Is the money in the budget? 5 MS. DOSS: Yes. 6 COMMISSIONER REEVES: Where do you have it in the 7 budget? 8 MS. DOSS: It's in Nondepartmental Contingency. 9 COMMISSIONER REEVES: Nondepartmental Contingency. 10 So it could go to the library; it could go -- 11 MS. DOSS: Well, we put it in the budget contingent 12 upon -- 13 COMMISSIONER REEVES: So, if we do something, we 14 can then amend the budget by moving money from 15 Nondepartmental to -- 16 COMMISSIONER MOSER: Library. 17 COMMISSIONER REEVES: -- library or wherever? 18 MS. DOSS: Yes. 19 COMMISSIONER REEVES: So, it's in the budget. Now, 20 to the County Attorney, rescinding this motion does not take 21 the money out of the budget, and do you feel that the court 22 order was not valid? 23 MS. STEBBINS: Commissioner Moser seconded his own 24 motion. I haven't looked at the minutes, but if what 25 Commissioner Baldwin is saying is true, then it's not a valid 10-13-15 47 1 -- it wasn't passed as it should have been, so I have to 2 agree with Commissioner Letz that it's not valid -- a valid 3 order. 4 JUDGE POLLARD: So, it should be rescinded just to 5 clear -- to clear the record. 6 COMMISSIONER BALDWIN: Yeah, to clean it up. 7 JUDGE POLLARD: Now, what happens to the money 8 then? Does it stay in the Nondepartmental? 9 MS. DOSS: Well, it actually -- 10 COMMISSIONER MOSER: It's in the budget. 11 MS. DOSS: It's in the budget, but we could put it 12 back -- I mean, we could amend the budget, I'm assuming, and 13 put it back into reserves. 14 COMMISSIONER LETZ: But the -- 15 MS. DOSS: We would decrease the budget by that 16 amount. 17 JUDGE POLLARD: That's where it belongs. 18 COMMISSIONER LETZ: But the budget was a -- putting 19 it in the budget was a separate item. We voted on the budget 20 with the money in the budget. 21 COMMISSIONER MOSER: Right. 22 COMMISSIONER LETZ: We'd have to go back and do a 23 budget amendment or do something with the budget. Two 24 different issues. 25 JUDGE POLLARD: No, we didn't vote on the budget. 10-13-15 48 1 It was a -- 2 COMMISSIONER MOSER: No, we did vote on the budget. 3 COMMISSIONER LETZ: It was a separate -- we put the 4 money -- we talked about putting it in contingency. 5 JUDGE POLLARD: Oh, okay. 6 COMMISSIONER LETZ: Then we voted on the budget 7 under a second whole deal. 8 JUDGE POLLARD: I see what you mean. 9 COMMISSIONER MOSER: Two separate subjects. 10 JUDGE POLLARD: All right. We have the motion on 11 the floor. 12 COMMISSIONER BALDWIN: My motion stands. 13 JUDGE POLLARD: All right. Any further discussion 14 on it? 15 COMMISSIONER REEVES: Your motion is to just 16 rescind the order? 17 COMMISSIONER BALDWIN: That's correct. 18 COMMISSIONER REEVES: Not to move the money 19 anyplace? 20 COMMISSIONER BALDWIN: No, that's not my business. 21 COMMISSIONER REEVES: So -- so, if he comes back 22 with a contract that the majority of the Court approves of, 23 it still could be brought back up. We're not taking money 24 away from giving to the scholarship fund. We're just, right 25 now, removing the motion that -- that was not properly 10-13-15 49 1 executed. 2 COMMISSIONER BALDWIN: That is correct. And she -- 3 I think her plan is -- we don't know -- I don't know that. 4 But just her and I visiting last week, her plan is to just 5 leave that money there for right now, till we can figure out 6 what a proper thing to do is. We're going to clean that past 7 court order up, and then if something new -- if he gets 8 brighter ideas and comes back and makes another run at this 9 thing, which I'm sure he will, then we'll deal with that -- a 10 new motion. 11 COMMISSIONER REEVES: Not shutting the gate on 12 anything, other than maybe making this proper. 13 COMMISSIONER BALDWIN: Yeah, I won't vote for money 14 going to the library. 15 COMMISSIONER REEVES: I understand. But you're not 16 shutting the gate. 17 COMMISSIONER BALDWIN: That's correct. 18 JUDGE POLLARD: I won't either. 19 COMMISSIONER BALDWIN: That's correct. It's -- 20 it's not a big deal, Bob. 21 COMMISSIONER REEVES: I know. 22 JUDGE POLLARD: All right. Is there anything 23 further? 24 COMMISSIONER REEVES: I'm just asking. 25 JUDGE POLLARD: Is that everybody's understanding, 10-13-15 50 1 as -- as Commissioner Reeves stated it? And -- is that 2 correct, what your motion is? 3 COMMISSIONER BALDWIN: Yes, sir, it is. 4 JUDGE POLLARD: Okay. And it's been moved and 5 seconded, and it's on the floor now. Those in favor of the 6 motion, signify by raising your right hand. 7 COMMISSIONER MOSER: For clarification, what is the 8 motion? 9 JUDGE POLLARD: All right. 10 COMMISSIONER BALDWIN: To rescind a non-court 11 order. 12 JUDGE POLLARD: An illegal -- 13 COMMISSIONER BALDWIN: An illegal court order. 14 COMMISSIONER LETZ: And the number -- whatever that 15 court order was. You have it. 16 COMMISSIONER BALDWIN: I don't know what that is; I 17 don't have that. 18 COMMISSIONER MOSER: It's probably right there on 19 your paper. 20 MS. STEBBINS: These are just minutes. 21 COMMISSIONER BALDWIN: Yeah, that's just the 22 minutes. So, you see there -- do you see there where he made 23 the motion and seconded it? 24 MS. STEBBINS: Yes, sir. 25 COMMISSIONER BALDWIN: And do you say that that is 10-13-15 51 1 an illegal -- 2 MS. STEBBINS: I don't know that "illegal" is an 3 appropriate term. 4 COMMISSIONER BALDWIN: Okay. 5 MS. STEBBINS: Improper, yes. 6 COMMISSIONER BALDWIN: Improper. So -- 7 JUDGE POLLARD: Contrary to the law. 8 COMMISSIONER BALDWIN: Contrary. 9 MS. STEBBINS: Maybe invalid, but "illegal" would 10 imply a crime. 11 COMMISSIONER BALDWIN: And as soon as we vote, it 12 will be invalid. 13 JUDGE POLLARD: All right. Any further discussion 14 on it? There being none, those in favor of the motion, 15 signify by raising your right hand. 16 (Commissioners Baldwin, Letz, and Reeves voted in favor of the motion.) 17 18 JUDGE POLLARD: Those opposed? 19 COMMISSIONER MOSER: Just abstain. 20 JUDGE POLLARD: You're abstaining. Well, for the 21 record, I'm going to join in the motion. 22 COMMISSIONER MOSER: That wasn't necessary. 23 JUDGE POLLARD: I know it wasn't necessary, but it 24 was to me, okay? I want to go on record about this. I'm 25 opposed to it. Strenuously, okay? 10-13-15 52 1 COMMISSIONER MOSER: Okay. 2 JUDGE POLLARD: All right. It's four -- the vote 3 is four and one abstention, so the motion passes. All right. 4 That completes, I hope -- 5 COMMISSIONER MOSER: Well, let me -- do we need to 6 have another motion on this subject to make sure that we -- 7 we bring it back to the Court? Just bring it back to the 8 Court at that time, what the proposal will be for funding 9 scholarships through Read-2-Win or any other not-for-profit 10 that we agree with the County Attorney, and that'll be a 11 separate action? 12 COMMISSIONER REEVES: I think it's a separate 13 action. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER REEVES: The money's out there. The 16 money could go to a lot of different places, but -- 17 COMMISSIONER MOSER: As long as it's a separate 18 action, that's fine. We'll hold off on that. So, thank you 19 for bringing that forward, Judge. 20 JUDGE POLLARD: Okay. All right, let's go back to 21 where we were on the agenda, to item -- what's that? 22 COMMISSIONER BALDWIN: Five, I think. 23 JUDGE POLLARD: 1.5; consider, discuss, and take 24 appropriate action to approve Memorandum of Understanding 25 with Peterson Regional Medical Center to provide services to 10-13-15 53 1 Kerr County Juvenile Detention Facility, and authorize the 2 County Judge to sign same. Good morning, Mr. Davis. 3 MR. DAVIS: Good morning, Judge. Good morning, 4 Commissioners. I will not speak of any library issues. 5 (Laughter.) I want to talk about hospital issues. P.R.E.A., 6 the act that y'all are familiar with, federal mandates us to 7 comply with the act. One of the issues is we have to 8 establish a health service authority. We would like to 9 present a document that has been approved by the County 10 Attorney; it is an M.O.U., and take that to Peterson and see 11 if they would allow us to be the health service authority. 12 There's no financial obligation. It doesn't say that they're 13 going to provide services. They have the option to provide 14 services; we have the option to take youth there that are in 15 the custody of the Kerr County Juvenile Detention facility, 16 but there's no mandate that we do it. But we must establish 17 a health service authority to be in compliance with federal 18 law. 19 COMMISSIONER BALDWIN: What kind of authority? 20 MR. DAVIS: "Health service authority" is the term 21 that's used in the act. This would be separate from any 22 doctors that provide services. Specifically, this has to do 23 with providing -- the provision of prenatal services. We 24 have to have a doctor that can provide prenatal services to 25 youth. The doctors that we use now normally don't do that. 10-13-15 54 1 This can do that. If we have youth that are in the facility 2 that are in need of those services, we have to have a venue 3 that can provide those services. 4 JUDGE POLLARD: And that happens fairly often. 5 COMMISSIONER BALDWIN: And that's required by law? 6 MR. DAVIS: Yes, sir, it's federal law. 7 COMMISSIONER BALDWIN: I move that we approve. 8 COMMISSIONER REEVES: Second. 9 JUDGE POLLARD: Been moved and seconded that we 10 approve execution of the Memorandum of Understanding with 11 Peterson Regional Medical Center to provide services to Kerr 12 County Juvenile Detention Facility, and authorize the County 13 Judge to sign same. Is there any further discussion? 14 COMMISSIONER MOSER: And all this is in the budget? 15 MR. DAVIS: Yes, sir, there's no financial 16 obligation with this. 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER LETZ: Question. And maybe I'm 19 just -- when I glanced through it, and glancing through this 20 again, I don't see where it specifically says that we're 21 designating them as the health service authority in all this, 22 I mean in the M.O.U. between us and Peterson Hospital. And 23 the reason I'm asking the question is because the health 24 service authority, whoever that is, has a whole -- determines 25 if a person's contagious, if they need medical treatment and 10-13-15 55 1 all that. So, who's -- is the hospital the health service 2 authority? 3 MR. DAVIS: The hospital would be the health 4 service authority primarily for prenatal issues. And 5 specifically, we're referencing Chapter 37 and 343, and these 6 are going to be under the T.J.J.D. standards. And that -- 7 that's compliance. We can have more than one health service 8 authority; we can have three or four. But we have one 9 facility that will be primarily for the prenatal females, 10 because our nurse that comes in cannot provide those 11 services. 12 COMMISSIONER LETZ: So, the part where it just -- 13 under the medical center, "The medical center will..." First 14 sentence goes, "acting as health service authority." 15 MR. DAVIS: Correct. 16 COMMISSIONER LETZ: That's the part -- that's all 17 it talks about. 18 JUDGE POLLARD: It doesn't limit it to prenatal, in 19 other words. 20 MR. DAVIS: That's correct. We could -- if we, for 21 some reason -- let's say that our medical staff that we 22 contract with, they cease provision of services. We already 23 have another contract in place that we could take all of our 24 kids there. We don't want to do that, because financially it 25 would bust our budget, you know, the second or third trip, 10-13-15 56 1 but it would give us support in addition to the medical 2 services we have in place currently. 3 COMMISSIONER LETZ: Well, I mean, I'll defer to the 4 County Attorney on this, but it just seems odd that we're 5 establishing a health service authority, and I don't see 6 where it says who that is. 7 MS. STEBBINS: You don't see where it says what? 8 COMMISSIONER LETZ: Who the health service -- it 9 says it's for the purpose of establishing a health service 10 authority. I don't see where it clearly says who the health 11 service authority is. 12 MR. DAVIS: If I may, we're not actually 13 establishing them as the health service authority. We're 14 actually entering an M.O.U. with them. The federal 15 regulation says we have to have an M.O.U. with someone that 16 can provide the medical services. The state statute, TAC 17 Chapter 37 and 343, doesn't require us specifically to -- it 18 says health service authority, but we have to have a -- we 19 have to have an M.O.U. with that. That's what the standard 20 says. The standard says you have to have an M.O.U. It 21 doesn't say just specifically enumerate them, name them as 22 the health service authority. That's my terminology. That's 23 not within -- that's why if you look at this -- you should 24 have a documentation for the M.O.U. The M.O.U. is going to 25 match the agenda item. 10-13-15 57 1 JUDGE POLLARD: Is this the same thing that we've 2 been executing for years? 3 MR. DAVIS: No, sir, this is new. This is a new -- 4 because of the federal regulation. 5 COMMISSIONER LETZ: I guess I'm still -- I mean, 6 maybe I'm just missing something, but it says Peterson 7 Regional Medical Center is -- is the medical center; that's 8 how they're defined. It doesn't say who the health service 9 authority is. Is it -- or is it -- I mean, why doesn't it 10 say who the health service authority is? 11 MR. DAVIS: Because that's not the terminology 12 that's used in TAC 37 and 343. They use -- they said we must 13 provide the services. In the standards, I don't think they 14 specifically enumerate it as the health service authority. 15 We have health service providers. We have medical, dental, 16 doctors -- 17 COMMISSIONER REEVES: It actually does, in my 18 opinion, if you look over on the second page where it says, 19 "The medical center will..." 20 COMMISSIONER LETZ: Yeah, acting as health service 21 authority. I guess that's the part -- 22 MR. DAVIS: Yes. The bigger issue is we have to -- 23 have to establish the M.O.U. with the service provider. 24 COMMISSIONER LETZ: M.O.U. -- okay. 25 MR. DAVIS: That leads us to and within the body of 10-13-15 58 1 the M.O.U. 2 COMMISSIONER LETZ: Okay. 3 MR. DAVIS: Sorry for the confusion. 4 JUDGE POLLARD: Any further discussion on the 5 motion? If not, those in favor of the motion, signify by 6 raising your right hand. 7 (The motion carried by unanimous vote, 4-0.) 8 JUDGE POLLARD: It's 4-0, unanimous. All right, 9 let's go to 1.6; consider, discuss, and take appropriate 10 action on contract with a consulting dietitian for the Kerr 11 County Juvenile Detention Facility. This is something new 12 required also? 13 MR. DAVIS: It is not a new requirement. We've had 14 a change. The dietitian that previously was contracted 15 through the Sheriff's Department last year, we have a state 16 standard that is set by T.J.J.D. that says we have to have a 17 licensed dietitian approve our menu, that menu being provided 18 by Kerr County Sheriff's Department and by K.I.S.D. This 19 same dietitian must approve both menus. Last year the 20 dietitian that was with Ben E. Keith provided that service 21 and brought us a certificate that we were able to give to the 22 state auditors to show we were in compliance with the state 23 standard. That dietitian is no longer here; she has left. 24 We are looking for a dietitian now. We do not have one 25 currently. The dietitian, we've been told -- initially, 10-13-15 59 1 Ben E. Keith said the dietitian will no longer approve those 2 menus for us. Then we got -- we got "maybe" the dietitian 3 will approve. And then last week we had three phone calls to 4 the dietitian that we can't get returned back. We are 5 required by state standards to have this dietitian approve 6 our menus. We're kind of at the end of our rope; we don't 7 know what to do now, and I'm at the point that if we can't 8 get Ben E. Keith to provide the dietitian, we need to go 9 provide one on our own. This is a new process to me. 10 Literally, I went on the website for the state and looked at 11 all the dietitians. I found some locally. I got references 12 from other people. All they have to do is come in, approve 13 the menu plan. It's not a complicated process. It's not a 14 long process; it shouldn't be. They have to look at the menu 15 plans and make sure that they meet U.S.D.A. nutrition 16 requirements for youth in the facility. I would like -- 17 JUDGE POLLARD: So, if you hire one, is the money 18 covered for that? 19 MR. DAVIS: We don't have any money for it. 20 There's nothing in the budget for it at this point in time. 21 That's what I'm saying; I don't know where to begin, because 22 previously that was a service that was provided free of 23 charge by Ben E. Keith, and I'll defer to the Sheriff on 24 that. 25 SHERIFF HIERHOLZER: What the deal is, we have a 10-13-15 60 1 dietitian that was -- was part of Ben E. Keith, because all 2 jails have to have dietitian-approved menus also. Juveniles 3 are a little bit different in the nutritional values they 4 have to have. School districts used to have dietitians; now 5 they have nutritionists, and not dietitians any more. So, we 6 have a new dietitian that's been brought on for our jail 7 staff, and there's been a kind of lack of communication in 8 the last week, 'cause he needs this. I wasn't aware that 9 that dietitian hadn't returned their calls until this 10 morning, but I've had -- the Jail Administrator and Jason 11 have been working at it to see if our new dietitian will 12 approve a juvenile menu. If they do, then everything's fine; 13 it keeps going like it is. And if they do not, then he's 14 required to have a new one, and all I can do is get on the 15 phone this afternoon and see if we can get that contact made. 16 Evidently, the new one with Ben E. Keith hasn't returned the 17 call. 18 COMMISSIONER LETZ: I'll -- because I know you have 19 an inspection coming up, so we need to get this done soon, 20 I'll make a motion that we authorize Jason Davis to -- 21 COMMISSIONER BALDWIN: To do what? 22 COMMISSIONER LETZ: To look for -- or to find a 23 dietitian that can approve the menus at the Juvenile 24 Detention Facility, and authorize the County Attorney and 25 County Judge to execute such contract as needed, with funds 10-13-15 61 1 to come from a location to be determined by the Auditor. 2 SHERIFF HIERHOLZER: Contingency. (Laughter.) 3 COMMISSIONER MOSER: I'll second. 4 JUDGE POLLARD: Yeah. The contingency fund, yeah. 5 COMMISSIONER MOSER: I'll second that motion. 6 MR. DAVIS: Thank you. 7 JUDGE POLLARD: All right. It's been moved and 8 seconded that -- that Mr. Davis be authorized to contact a 9 dietitian to try to make -- so that he can comply with the 10 requirements. And essentially, that simplifies it, I think. 11 COMMISSIONER LETZ: Essentially, the County 12 Attorney approves it, and then authorize you to sign it. 13 JUDGE POLLARD: Right. 14 COMMISSIONER LETZ: Auditor finds the money. 15 COMMISSIONER MOSER: All those other things. 16 JUDGE POLLARD: Yeah, all right. Is there any 17 further discussion? There being none, those in favor, 18 signify by raising your right hand. 19 (The motion carried by unanimous vote, 4-0.) 20 JUDGE POLLARD: It's 4-0, unanimous. All right. 21 Item 1 -- thank you, sir. Item 1.7; consider, discuss, and 22 take appropriate action on authorization to fill vacant 23 positions at Kerr County Juvenile Detention Facility. 24 MR. DAVIS: These are budged positions. We've had 25 two full-time employees that have left. We would like to 10-13-15 62 1 bump up two of our part-time employees to those full-time 2 positions, and then hire two new part-timers. No additional 3 position, no additional budget. These are all within what 4 this Court already previously approved. 5 COMMISSIONER BALDWIN: So moved. 6 COMMISSIONER MOSER: So moved. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE POLLARD: All right. Moved by Commissioner 9 Moser, seconded by Commissioner Baldwin, for approval of Item 10 1.7, to fill those vacant positions, which has no impact on 11 the budget. Is there any further discussion? There being 12 none, those in favor of the motion, signify by raising your 13 right hand. 14 (The motion carried by unanimous vote, 4-0.) 15 JUDGE POLLARD: It's 4-0, unanimous. 16 MR. DAVIS: Thank you all. 17 JUDGE POLLARD: Thank you. Item 1.8; consider, 18 discuss, and take appropriate action to accept the Sheriff's 19 Office Equitable Sharing Agreement and Certification Report. 20 MR. ROBLES: Good morning. Last week you should 21 have received in your box a copy of the Equitable Sharing 22 Agreement and Certification report for fiscal year '14-'15. 23 We received no funding from the U.S. Marshal's service, nor 24 did we expend any of our balance in the account. The ending 25 balance on 9/30 was $1,282.79. This is something we do every 10-13-15 63 1 year. We're an existing participant, and just have to get 2 y'all to sign it. 3 COMMISSIONER LETZ: Move approval. 4 COMMISSIONER REEVES: Second. 5 JUDGE POLLARD: Been moved and seconded for 6 approval of Item 1.8 on the agenda, to accept the Sheriff's 7 Office Equitable Sharing Agreement and Certification Report. 8 Those in favor of the motion, signify by raising your right 9 hand. 10 (The motion carried by unanimous vote, 4-0.) 11 JUDGE POLLARD: It's 4-0, unanimous. All right, 12 let's go to the timed item, skip down to that one. Item 13 1.10; consider, discuss, and take appropriate action to 14 approve resolution for the Dietert Center which is required 15 for the center to apply for a Texas Department of Agriculture 16 grant for Meals on Wheels. Tina Woods. How are you today, 17 ma'am? 18 MS. WOODS: Good morning. It's a pleasure to 19 address y'all. This will be the seventh year that we have 20 been able to apply for the Texans Feeding Texans grant with 21 the Department of Agriculture. One of the requirements in 22 order for us to be able to apply is that our county needs to 23 give us a grant that's equivalent to 10 cents for every 24 person age 60 or older in the county, which y'all have done 25 again; thank you very much. The other part of that is we 10-13-15 64 1 need a resolution to go with the grant application that 2 states that you have given that grant, and that you also 3 approve our accounting system. So, I'm here to ask you this 4 morning for that resolution. We were able to receive close 5 to $60,000 last year with this grant, which helps our program 6 immensely. So, we appreciate your support tremendously. 7 COMMISSIONER BALDWIN: It's an honor. It's an 8 honor to meet your needs. I so move for approval. 9 COMMISSIONER REEVES: I'll second. 10 JUDGE POLLARD: Been moved and seconded for 11 approval of Item 1.10 authorizing the Dietert Center to apply 12 for a grant from the Texas Department of Agriculture grant 13 for Meals on Wheels. Is there any further discussion? 14 COMMISSIONER LETZ: That authorizes the County 15 Judge to sign. 16 JUDGE POLLARD: Authorizes the County Judge to sign 17 same. All right. Is there any further discussion? There 18 being none, those in favor, signify by raising your right 19 hand. 20 (The motion carried by unanimous vote, 4-0.) 21 JUDGE POLLARD: It's 4-0, unanimous. Another timed 22 item, 1.11 -- 23 COMMISSIONER BALDWIN: Thank you, Tina. 24 MR. WOOD: Thank you. 25 COMMISSIONER REEVES: Thank you. 10-13-15 65 1 JUDGE POLLARD: Consider, discuss, and take 2 appropriate action on request to approve addition of five new 3 members to the Kerr County Historical Commission. 4 Commissioner Baldwin. 5 COMMISSIONER BALDWIN: Wait, wait, wait now. 6 Number 1.10 -- okay, hold on just a second, please. Yes, 7 sir. Chairman Leonard has asked that we have five new 8 members to be approved, and then I'm assuming that -- is this 9 the -- is this the year that we send the report -- the 10 complete report to Austin? 11 MS. LEONARD: We do that every year. 12 COMMISSIONER BALDWIN: Every year, okay. There's 13 something that we do in odd and even years, and I can't 14 remember what that is. But I'd like to read the five members 15 into the Historical Commission. It's Linda Stone -- there's 16 Linda back there sitting next to Mark Stone. Isn't that 17 amazing? And former mayor, the Honorable John Mosty. Good 18 man. Chana Johnson. There's Chana; there she is. And 19 Michelle Enzler; there's Michelle. So, that's our five new 20 members to the Historical Commission of Kerr County. Go 21 ahead. 22 MS. LEONARD: I'd like to ask them to give a little 23 background information. Linda and Mark Stone, Mark was born 24 and raised in Corpus Christi, and started coming to the Hill 25 Country with his family in 1968. His family moved here when 10-13-15 66 1 he was in high school, so he graduated from Tivy. Tivy fight 2 never dies. And so he started working back on the coast. He 3 returned in 1980, and is a home builder -- custom home 4 builder, and his two daughters, Stephanie and Lisa, are also 5 raising their families here. Linda Karst Stone was raised in 6 Ohio. She's an artist specializing in old whalers' art of 7 scrimshaw. She moved to the Dallas area in 1981 and came to 8 Kerrville in 1996. They married in 2000, and thankfully, 9 they started restoring old buildings. Some of those include 10 the three historic buildings at the Depot Square, the SA & AP 11 train depot, and -- is that Beetle? 12 MS. STONE: Beitel. 13 MS. LEONARD: Beitel Lumber Company. Some of y'all 14 probably remember that; quite interesting. And a mercantile 15 that was saved from destruction due to library expansion. 16 That was a building right between the history center and the 17 library. I believe it used to be a bowling alley. Also, 18 they included the Peterson and Beddingfield home on Earl 19 Garrett, several homes in Methodist Encampment where they 20 live, so we're very happy to have them. Michelle, she's a 21 native of Kerrville. She's lived all over the world, 'cause 22 her dad was in the oil business. Also lived in Alaska. Her 23 parents retired here, and her youngest -- her mother is 24 French. And Michelle works for Family Practice, and her 25 interest is the Hollimon Cemetery, which is her family. And 10-13-15 67 1 her family also had the first wheat farm in Kerrville. 2 COMMISSIONER BALDWIN: My goodness. 3 MS. LEONARD: Chana Johnson was born in Durant. 4 She got to Texas as soon as she could. She and her husband 5 Allen -- I think Allen left -- did he -- they've been married 6 43 years. They were high school sweethearts. She taught 7 school for 30 years -- I don't know if she taught anybody in 8 here -- at Kerrville. And she now works with her husband, 9 and they have Top Notch Teacher Products. So, she loves 10 Texas history, and she's looking forward to being an active 11 member of the Kerr County Historical Commission. So, thank 12 you. Ask for you to accept our invitation to them. 13 COMMISSIONER BALDWIN: Thank you very much. Thank 14 you. Good job. So, I move we approve the five new people 15 for membership into the Historical Commission of Kerr County. 16 COMMISSIONER MOSER: I'll second that. 17 JUDGE POLLARD: It's been moved and seconded that 18 we approve the addition of the five new members to the Kerr 19 County Historical Commission. Any further discussion? 20 COMMISSIONER MOSER: I'd just like to add one 21 thing; that's to compliment Julie Mosty Leonard on what she 22 does at the Kerr County Historical Commission. She works 23 endlessly and is involved in everything, and does a lot to 24 preserve the history for this county, so thank you, Julie. 25 COMMISSIONER LETZ: Ditto. Ditto that. 10-13-15 68 1 COMMISSIONER BALDWIN: So true. 2 COMMISSIONER LETZ: You do a lot of work, both of 3 you. 4 JUDGE POLLARD: All right. Those in favor of the 5 motion, signify by raising your right hand. 6 (The motion carried by unanimous vote, 4-0.) 7 JUDGE POLLARD: It's 4-0, unanimous. Thank you 8 very much, folks. 9 COMMISSIONER REEVES: How about 10 minutes, Judge? 10 JUDGE POLLARD: All right, 10-minute break. 11 (Recess taken from 10:22 a.m. to 10:35 a.m.) 12 JUDGE POLLARD: All right, Commissioners Court's 13 going to be back in session. Call everybody in, please. 14 (Discussion off the record.) 15 JUDGE POLLARD: All right. Commissioners Court is 16 back in session. It's now about 10:37 a.m., and we're going 17 to go to the timed item, 1.16; consider, discuss, and take 18 appropriate action regarding benches next to war memorial. 19 Commissioner Reeves and Maggie Baker. 20 COMMISSIONER REEVES: Yes, sir. I put this on the 21 agenda for today. I've had a couple calls, organizations who 22 might be interested in helping fund some of this, but just -- 23 it's hard to say what they would cost, which way we wanted to 24 go, so I asked Ms. Baker to put together some pricing 25 information and just kind of see what direction this Court 10-13-15 69 1 wants to go, so we can -- the people that might be interested 2 in it will know what the cost and everything might look like. 3 So, I'm going to let Ms. Baker present what she has. I think 4 everybody has the handout she's prepared. 5 MS. BAKER: Okay. I contacted two different 6 companies. Drymala Concrete Products, they can give us an 7 8-foot bench with back for $750. It's a 10-inch high back. 8 And we have talked with some of the veterans' organizations 9 about putting the military service emblems on the back. 10 Drymala can embed those in the concrete for $30 each, for a 11 total, with the bench and symbols, for $900. And I contacted 12 two different companies to make the service symbols. T-N-J 13 Engraving, and those are 9-inch diameter, to be embedded, and 14 they can make four different kinds: The premium brass for 15 $60 each; silver, which is nickel-plated brass, for 16 approximately $65 each; and a .925 silver for $150 each. And 17 then they also make plastic, which is a brass look-alike, for 18 $30 each. And then I contacted Creative Awards and Trophies 19 in Fredericksburg. They make an 8-inch round service symbol. 20 They make aluminum for $115.58, polished brass, 147.84, or 21 bronze for $250 each. 22 And then we had talked about putting some planters 23 on both sides of the benches as well, and I contacted Drymala 24 as well, and so I selected the two that are the least 25 expensive, and you have photos of those, and what is called 10-13-15 70 1 the Gold Cannon for either $80 or the $125. And there's also 2 the Winchester, which is a 12-inch by 18-inch -- by 18-inch 3 long for $80, or the 10-inch high for $110. And these are 4 all stained and sealed in whatever color that you like, and 5 they give different colors. Also, back in July I had 6 contacted Garden of Memories, and I guess we had discussed 7 just the bench itself with the emblems was going to be 8 4,200 -- $4,400. 9 JUDGE POLLARD: Yeah. 10 MS. BAKER: And then, of course, with the planters, 11 there's different prices, but the least was going to be the 12 10-inch high, $250 for two of them. But Garden of Memories, 13 Hill Country Monuments, theirs are granite, and that's why 14 they're more expensive. 15 COMMISSIONER REEVES: What does the Court feel like 16 we should look at? So when people ask what it would cost to 17 donate a bench, what can we give them? 18 COMMISSIONER MOSER: What do you recommend? 19 MS. BAKER: Well, we've had a couple of veterans' 20 organizations and individuals, too, say that they'd like to 21 donate, but they think that the granite, the $4,400, is a bit 22 too much. 23 COMMISSIONER MOSER: So you've given us a list 24 of -- a bunch of them, so what do you recommend? 25 MS. BAKER: Well, with Drymala, with this one right 10-13-15 71 1 here with a back on it, and then the service symbols up here. 2 And this says 6 foot, but they said they could make it an 3 8-foot; 8 foot would look better. They are out there for 4 $750. 5 COMMISSIONER MOSER: What I'm asking is, do you 6 have a recommendation, or these are a list of options that we 7 have? 8 MS. BAKER: Right. 9 COMMISSIONER REEVES: Yeah, I'm like you. I'd like 10 to know what your recommendation -- and the rest of the 11 Court, too, but what you feel we should look at. We need to 12 know what we can tell them, how much it's going to be. 13 MS. BAKER: Well -- 14 COMMISSIONER MOSER: If I may, one other thing. We 15 keep talking about this -- looking before we add anything 16 else around the courthouse. We're going to decide what we 17 want where, okay, so it doesn't look like a dirt dauber's 18 nest. 19 MS. BAKER: Well, this would go right behind -- 20 COMMISSIONER MOSER: I know, but I'm asking 21 Commissioner Letz. I think that was -- 22 COMMISSIONER LETZ: I think it goes into a -- a 23 longer-range plan, what Commissioner Moser is talking about, 24 and that is something that I have neglected to finalize, 25 unfortunately. 10-13-15 72 1 COMMISSIONER MOSER: Well, you've been doing a few 2 other things. 3 COMMISSIONER LETZ: But I think -- you know, I 4 think that we need to look at -- I mean, benches we need. 5 There's no -- that's a given, so I don't mind going along -- 6 if people want to give benches, you don't want to tell them 7 no. But I think, you know, we need to -- the Drymala bench 8 is -- that bench, you know, is fine. I think it looks -- I 9 think the back is important on these benches, because it's -- 10 you know, people can sit there and relax a little bit. I 11 like having -- I would -- was the idea to put one service 12 medal embedded in a bench? Or -- 13 MS. BAKER: All five. Navy, Air Force, Army, 14 Marines, and Coast Guard. 15 COMMISSIONER LETZ: In each bench? 16 MS. BAKER: Well, just right here on the back of 17 it. 18 COMMISSIONER LETZ: Right. 19 COMMISSIONER REEVES: Each bench would have all 20 five of them. 21 COMMISSIONER LETZ: So, then, say we get five 22 benches. How many benches are we looking for, I guess? 23 MS. BAKER: Well, I was thinking just one right 24 behind the memorial. 25 COMMISSIONER LETZ: Behind it, okay. 10-13-15 73 1 MS. BAKER: Yes. 2 COMMISSIONER MOSER: So, we -- so that's where it 3 would be placed. Is that the recommendation? 4 MS. BAKER: Right, on the concrete right behind. 5 COMMISSIONER MOSER: I don't know if that's 6 consistent with what you -- 7 COMMISSIONER LETZ: Right, and that's how -- that 8 center portion of the memorial is how wide? 9 JUDGE POLLARD: It's 12 feet. 10 COMMISSIONER LETZ: So it would be centered, so 11 fine. 12 JUDGE POLLARD: That's why -- 13 COMMISSIONER LETZ: 8-foot would work; it would be 14 2 foot on each side. I'd go with the bench. I would hold 15 off on planters. I would just get the -- that bench. 16 Planters are -- there's more maintenance a lot of times. I 17 mean, you know, so I think you just need to -- I think it'll 18 take us more into what else is done out there, something with 19 the landscape at some point, but I think there is certainly 20 need for a bench. 21 JUDGE POLLARD: I think Commissioner Moser's idea 22 is good, though. I think we need to kind of look at the 23 broad picture, figure out kind of what we want to do with the 24 courthouse, around it. I mean, at one time you mentioned 25 maybe some kind of a statue; you had suggested Admiral 10-13-15 74 1 Nimitz, who graduated from Tivy, a statue out there 2 somewhere. And I think Commissioner Baldwin's musicals that 3 he has occasionally out there and events like that, we need 4 to have something employed for -- a venue for it out there, 5 somewhere around the courthouse. So, I think some planning 6 needs to be done to try to figure out where we want to go. 7 COMMISSIONER BALDWIN: I just want to make sure 8 that our bench is large enough so Commissioner Moser and I 9 can meditate together out there. 10 COMMISSIONER MOSER: And hold hands. 11 COMMISSIONER BALDWIN: And hold hands and become 12 one. (Laughter.) 13 JUDGE POLLARD: Maybe it ought to be a boxing ring. 14 MS. BAKER: Well, they do make big octagonal ones. 15 COMMISSIONER BALDWIN: I don't know why we can't 16 move forward if somebody else is paying for it. 17 JUDGE POLLARD: I agree with that. 18 COMMISSIONER BALDWIN: Move forward with that thing 19 there. 20 JUDGE POLLARD: We need to address some long-range 21 plans. 22 COMMISSIONER BALDWIN: I don't know about the 23 little cans on the end. 24 COMMISSIONER LETZ: I think the -- yeah, I agree. 25 I think that one of the things that -- if we're going to get 10-13-15 75 1 other benches anywhere in the courthouse, I think it is -- 2 everything doesn't have to match, but Drymala's a local 3 manufacturer; their price is very reasonable, but try to keep 4 with them so it's one -- we don't have five different brands 5 of benches. 6 COMMISSIONER REEVES: I agree. 7 COMMISSIONER LETZ: But, yeah, for right now, I 8 think that's fine. We need -- probably ought to have a 9 motion to -- 10 COMMISSIONER REEVES: So, the total, we've got $900 11 plus the cost -- because I take it with Drymala, their $30 12 per symbol is simply to put the symbols in. We've got to buy 13 the symbols. 14 MS. BAKER: Right. 15 COMMISSIONER REEVES: So, Drymala's bench would be 16 $900 including the cost to embed the symbols in the back of 17 the bench. Then which type of material do we want the symbol 18 to be? 19 COMMISSIONER LETZ: I'd go with -- I would not use 20 plastic. 21 COMMISSIONER MOSER: I would not use plastic 22 either. 23 MS. BAKER: They said the plastic lasts for about 24 10 years. 25 JUDGE POLLARD: Maybe not brass or copper, because 10-13-15 76 1 they have a tendency to corrode, sort of. I think the nickel 2 would look better. 3 COMMISSIONER LETZ: Either -- to me, either the 4 nickel -- silver costs too much, so either brass or nickel, 5 either one. I think nickel -- you have a good point; it's 6 easier to see them. 7 COMMISSIONER REEVES: It looks -- if we use the 8 nickel-plated brass, which you have down as silver, $60 to 9 $65 each. If we go with the high-dollar one, a bench would 10 be $1,250? 11 MS. BAKER: Yes. 12 COMMISSIONER REEVES: Okay. I would make a motion 13 that an individual or service organization which wishes to 14 donate a bench for the war memorial, the cost would be $1,250 15 to do that, would be my motion. 16 COMMISSIONER MOSER: Second. 17 JUDGE POLLARD: Been moved and seconded that if 18 someone wants to donate a bench, the cost would be $1,250, 19 based on the choices made by Commissioners Court here today 20 for a bench that, what, is 8 feet long? 21 MS. BAKER: Yes, sir. 22 JUDGE POLLARD: All right. And with all of the 23 symbols, all five services on the back out of nickel, 24 whatever -- what's that -- 25 COMMISSIONER REEVES: Nickel-plated brass. 10-13-15 77 1 JUDGE POLLARD: Brass, yeah. All right. Any 2 further discussion on the motion? There being none, those in 3 favor, signify by raising your right hand. 4 (The motion carried by unanimous vote, 4-0.) 5 JUDGE POLLARD: It's 4-0, unanimous. We had a 6 request by Commissioner Moser that we consider 1.13 at this 7 time. 8 COMMISSIONER MOSER: 23. 9 JUDGE POLLARD: Pardon? 10 COMMISSIONER MOSER: 1.23. 11 JUDGE POLLARD: I'm sorry, 1.23. Is there any 12 objection to moving up to that one? 13 COMMISSIONER BALDWIN: None. 14 JUDGE POLLARD: All right, let's go to Item 1.23; 15 consider, discuss, and take appropriate action regarding 16 Emergency Management Coordinator. Commissioner Moser. 17 COMMISSIONER MOSER: Thanks, Judge. I put this on 18 the agenda just to make sure that there wasn't anything to 19 preclude us from moving forward on filling -- selecting and 20 filling the position for Emergency Management Coordinator. 21 We put it in the budget. It's there. I think the position 22 is -- will be in the Sheriff's Department, and report also to 23 the County Judge. I think the Sheriff and I have talked 24 about this; I think he's got everything -- the ball's moving, 25 so I don't know that we need to take any action. But -- and 10-13-15 78 1 we'll let the Judge -- I mean the Sheriff comment on that. 2 And if we -- 3 SHERIFF HIERHOLZER: The only thing I want to 4 comment on, y'all recall this was all part of the budget -- 5 budget process. The position's been put in the Sheriff's 6 Office as a budgeted position on the position schedule. And 7 not trying to knock anybody or say anything; I'd just hate to 8 see things start down slippery slopes, so I just wanted to -- 9 just a pointer, just to remind mainly some of the new Court 10 members that the Commissioners Court -- this is just one 11 excerpt out of an A.G.'s opinion on policy. Commissioners 12 Court proposed policy interferes with an elected official's 13 authority to appoint an employee of his or her choice to a 14 position that the Court has approved and for which the Court 15 has set compensation. Commissioners Court may not tell an 16 elected official whom he or she may appoint to an approved 17 position. Second part is on another court case; We conclude 18 that a Commissioners Court, during a budget year, freeze -- 19 may not freeze a vacant position by requiring an officer to 20 promote an existing county employee or anything else for a 21 position that's already been put in a budget. 22 COMMISSIONER LETZ: Say that one again, Rusty? 23 SHERIFF HIERHOLZER: You can't put a hiring freeze 24 -- if the position is in the budget, and in the budgeted 25 positions of an elected official, you cannot freeze that 10-13-15 79 1 position. That position is allowed to be filled. You have 2 another one that says -- the last part of it, Texas 3 Government Code unequivocally states that deputy sheriffs 4 serve at the pleasure of the Sheriff and are not county 5 employees. The only thing I've seen with some things in this 6 Court at times, it goes back to when I was first hired back 7 in 1980, where a -- that Court at that time even required 8 that a potential employee of the Sheriff's Department be 9 brought before the Court, and the Court give approval before 10 that employee could be hired by a person. And that starts 11 down a very slippery slope, and I don't want to see us get 12 back down in that position. What I'm saying is, once a 13 budgeted position is approved in an elected official's 14 budget, whether it be mine, a clerk's or anybody else's, the 15 Court's out of that -- out of it at that point. 16 COMMISSIONER BALDWIN: I agree. And the way that 17 we got to where we are today is that you simply, in a 18 respectful way, come in here and introduce us to your new 19 employee. 20 SHERIFF HIERHOLZER: Right. Sure, and that's 21 exactly -- but it doesn't need to be, you know, talked about 22 or Court-controlled. I agree with you totally, Buster, and 23 that's normally the way it's done. That's the way we've done 24 it, but I just need to head off something before we start 25 down a control issue of -- 10-13-15 80 1 COMMISSIONER BALDWIN: So, today's the 13th of 2 October in the new budget. Why don't you have one hired yet? 3 SHERIFF HIERHOLZER: 'Cause we're still working 4 through that process. I have my -- my application process is 5 a little bit different than most, as most of you can -- 6 COMMISSIONER BALDWIN: That's all of yours. 7 SHERIFF HIERHOLZER: It takes a while to get one 8 through our process. 9 COMMISSIONER LETZ: Rusty, question, then. Okay, 10 since you brought this up, implying that this -- that you 11 feel this is your decision who's hired -- 12 SHERIFF HIERHOLZER: No, this is -- and in this 13 position, because this is an emergency management position, 14 but it is also a peace officer, it is my decision. But 15 because of the emergency management part, one thing that I 16 think is under that umbrella, that person answers to the 17 County Judge. It's a decision that the County Judge and I 18 will make. 19 COMMISSIONER LETZ: Okay. So -- but -- so -- I 20 don't have any problem with that. I'm thinking through 21 the -- so it's a joint -- what you're saying, it's a joint 22 decision who's hired, not your authority or the Judge's. 23 It's both, because -- 24 SHERIFF HIERHOLZER: I feel, out of respect and out 25 of duty, that it should be a joint decision, because in 10-13-15 81 1 emergency management, that person is going to have to -- to 2 answer to the County Judge for that part of that position. 3 But as far as the position schedule and the position being 4 under the Sheriff's Office, yes, it is my sole discretion as 5 to who gets hired. 6 COMMISSIONER LETZ: It would be interesting to get 7 a County Attorney opinion if it's a -- because we do this 8 quite a bit; we ask elected officials to do nonconstitutional 9 duties through an employee, if those employees are under that 10 elected official's discretion or our discretion. 11 SHERIFF HIERHOLZER: If they're an elected 12 official's employees, they're under the elected official. If 13 it's a department head like Tim, that's y'all's -- 14 COMMISSIONER LETZ: I'm saying this is not -- if we 15 forget -- if this person was not a deputy, if you didn't want 16 this person to be a deputy, this person was only an Emergency 17 Management Coordinator, and you agreed to have that under 18 your position schedule, but it's not a deputy, the person -- 19 constitutionally, that person comes under the Judge. Who has 20 the authority there? I think it's interesting, 'cause we do 21 that quite a bit, as to who has that kind of authority. Is 22 it the elected official if they're doing nonconstitutional 23 duties? That's my question. 24 COMMISSIONER MOSER: That's the reason I put it on 25 the agenda. Those are all very good questions. 10-13-15 82 1 COMMISSIONER LETZ: Not on this; I'm talking 2 generally. 3 SHERIFF HIERHOLZER: Every court case, if you put 4 it under that elected official's position schedule, then it 5 is up to that elected official, period. Otherwise, you would 6 have to put it under your own. 7 COMMISSIONER MOSER: See, and I think that's 8 important, 'cause we said -- 'cause we discussed this 9 position earlier. We said it can be a deputy or not, okay? 10 And that's -- and if we did, it's going to be a little bit 11 higher pay grade than it would otherwise. And I think Rusty 12 got a lot of good reasons why it should be a deputy. It's -- 13 so, therefore, it's very important, I think, but there's -- 14 it's a broader scope on Emergency Management Coordinator. 15 He's got fire, he's got EMS, he's got all kinds of things 16 other than law enforcement, so we don't want the tail wagging 17 the dog here, but I -- I think that Jonathan Letz' question 18 is perfectly valid. 19 MS. STEBBINS: So, the question is, if an employee 20 is performing nonconstitutional duties, but under the elected 21 official's position schedule and budget, who controls the 22 hiring of that official? 23 COMMISSIONER MOSER: Mm-hmm. 24 COMMISSIONER LETZ: If it's a position -- you know, 25 a spot that the Court creates. A position the Court creates. 10-13-15 83 1 COMMISSIONER MOSER: Right. 2 COMMISSIONER LETZ: And I don't know that there's 3 that many of those around, but I think that there's quite a 4 few, I mean over time. For example, a previous Treasurer 5 handled H.R. functions. That's nothing to do with being a 6 treasurer, but we worked it out that way. So, I just think 7 it's interesting to know. It's a low priority. 8 MS. STEBBINS: Thank you. 9 SHERIFF HIERHOLZER: Let me read just real quick 10 one paragraph out of the case, and I can give her the 11 citation. It says, Commissioners Court, which was the 12 governing body of the county, exercised budgetary power over 13 positions in the Sheriff's Department by determining the 14 number of deputies and clerks to be appointed by the Sheriff, 15 and to set compensation for such employees. However, Court 16 had no power to appoint or terminate Sheriff's Office 17 employees or dictate other terms of employment. That's where 18 we get to policies, and -- and you can't set the policies for 19 anybody else, which would be the duties of those employees. 20 You have no say-so over that, only budgetary say-so by your 21 constitutional duties. 22 COMMISSIONER LETZ: But, see, what you're saying 23 is, though, you mentioned that's not a -- a constitutional 24 responsibility. Emergency Management Coordinator, is that 25 person under your policy or under the county policy? 10-13-15 84 1 SHERIFF HIERHOLZER: Yes, because he's under my 2 budget. 3 COMMISSIONER LETZ: I think you have to read that. 4 MS. STEBBINS: I will. 5 COMMISSIONER LETZ: Read that carefully. That -- 6 what he just read, I would disagree with that based on what 7 he just read. 8 COMMISSIONER MOSER: I think, too, we need to look 9 at priority. My priority is being an Emergency Management 10 Coordinator is a very broad scope. That person being a 11 deputy is not required. It's a nice thing to do. Is that 12 fair? 13 SHERIFF HIERHOLZER: Sure. 14 COMMISSIONER MOSER: Okay. So -- 15 SHERIFF HIERHOLZER: But he is a Sheriff's Office 16 employee, and that's where I've got to draw the line, so we 17 don't go through that -- down that slippery slope. This 18 Court created it during a budget process, but put it under 19 the position schedule for the Sheriff's Office. It is a 20 Sheriff's Office employee by the budget. 21 COMMISSIONER MOSER: The way it is right now, 22 that's correct. 23 JUDGE POLLARD: I don't remember -- I don't know 24 that we did that intentionally. 25 COMMISSIONER MOSER: I don't think we did it 10-13-15 85 1 intentionally. 2 COMMISSIONER REEVES: The long and short of it, 3 Sheriff -- the long and short of it, Sheriff, are you working 4 to get us one? 5 SHERIFF HIERHOLZER: I am definitely working to get 6 one. 7 COMMISSIONER REEVES: And you're moving forward? 8 SHERIFF HIERHOLZER: We're moving forward. 9 COMMISSIONER REEVES: That's my biggest concern. 10 SHERIFF HIERHOLZER: What I hope is going to be the 11 best qualified one that we can have, I've been dealing with 12 emergency management situations in this county for over 35 13 years, okay. I believe that's more than anybody else, and I 14 believe I do understand what it takes. And the person that 15 we're looking at is very highly qualified for it, and I think 16 after all the years of all of us seeing it kind of remain 17 idle where it was, we found a solution to get to -- get the 18 best emergency management -- emergency management plans for 19 this county, and we're moving forward. The only problem 20 is -- 21 COMMISSIONER LETZ: I'm not challenging you. 22 SHERIFF HIERHOLZER: -- I'm not going to have this 23 employee end up getting pulled in four or five different ways 24 by trying to answer to four or five different bosses. This 25 person's going to have one boss under the Sheriff's Office, 10-13-15 86 1 and he's going to have one boss under emergency management, 2 and -- unless it's a situation inside the city. 3 COMMISSIONER LETZ: My question, though -- Rusty, 4 don't get so upset. My question is, though, 5 constitutionally, it's the Judge's responsibility. He's over 6 emergency management. So, I mean, I have a question as to 7 how this works. If he's the one constitutionally in charge 8 of it, and because you put it under your schedule and think 9 it's the right place to be, I'm not arguing with you on this. 10 I don't particularly care about it because I'm not in the 11 fight on this one either one way or the other, or discussion 12 even. But I'm just saying we get into an issue if the -- 13 it's the County Judge's authority, it's his responsibility. 14 It's that simple to me. So -- 15 SHERIFF HIERHOLZER: I agree. 16 COMMISSIONER MOSER: Let me make one other point, 17 too, to go back to Commissioners Reeves' comment, that the 18 purpose of putting on it here was what you just said; it's to 19 keep this thing moving as fast as possible. I think Rusty is 20 going -- has done everything he can to keep this thing in 21 place so we can get somebody on board. This other thing that 22 we're discussing is -- is important, but the most important 23 thing to do is get this person on board and get our emergency 24 management plan with the city, okay, agreed to and rewritten, 25 okay, using our Emergency Management Coordinator and their 10-13-15 87 1 Emergency Management Coordinator. So, I agree with you 2 100 percent; that's the purpose of it for being here, so we 3 don't -- we don't let this thing drag out for some reason. 4 And we don't need to -- 5 COMMISSIONER LETZ: I appreciate Rusty -- the 6 Sheriff bringing up the issue; it's an important issue. Not 7 necessarily here right now, but I think it's an important 8 issue to the County overall. 9 COMMISSIONER MOSER: It is. 10 SHERIFF HIERHOLZER: I agree. Thank you. 11 COMMISSIONER MOSER: Okay. Thank you for moving 12 that forward. 13 (Commissioner Moser left the meeting.) 14 JUDGE POLLARD: All right. Is there another timed 15 one that's due? 16 COMMISSIONER REEVES: 11 o'clock. 17 JUDGE POLLARD: 11 o'clock. All right, 1.20; 18 consider, discuss, and take appropriate action regarding 19 proclamation honoring Gloria Dozier. Elizabeth Baker and 20 Mr. -- Commissioner Baldwin. 21 COMMISSIONER BALDWIN: Yes, sir. Yes. Ms. Baker 22 -- Ms. Baker is going to come and talk about a few things 23 about Ms. Dozier, and I'm going to read the resolution into 24 the -- into the record when she completes hers. 25 MS. BAKER: I wanted to introduce you to one of our 10-13-15 88 1 really special citizens of our county. Some of you know her; 2 some of you don't, but she's a really special lady, and she 3 has done something exceptional for our county. Gloria was 4 born in Philadelphia, then she found her way to west Texas to 5 -- and I can't pronounce it. I want to say Marfa, but that's 6 not it. 7 AUDIENCE: Martha. 8 MS. BAKER: Where was it? 9 AUDIENCE: Martha. 10 MS. BAKER: Marfa, where she met a man called J.V. 11 Dozier, and ultimately they found their way to Kerrville in 12 1950, and he became a teacher in Kerrville. After that time, 13 at some point -- at that time, she started doing family 14 research, and then along with that came a period of time when 15 she started compiling county records. And you'd think, well, 16 that's not important. Well, yes, it is, because every month 17 we hear about courthouses that have burned or flooded and the 18 records are gone. I want to tell you what she's done. One 19 of the things that she did is she started back in the 20 beginning. This is land records -- Kerr County land records, 21 1837 to 1927. And you go, "Well, who cares?" A few months 22 ago, I had somebody -- a nice 70-ish year-old man walk in, 23 and he said, "I came to Kerrville when I was five. My 24 grandfather bought a ranch, and now I own that ranch, and I 25 want to know the history." And this is where we started. 10-13-15 89 1 And he found his history all the way back to the Indians, and 2 that's what she has given us. 3 She has -- she has written 52 books; 52 books on 4 obituaries and history of Kerrville. She didn't leave 5 anybody out. She did the divorce records, 1856. She did 6 births, she did deaths, she did obituaries. She did some 7 that were old from the Mountain Sun. Who remembers the 8 Mountain Sun? A lot of those -- and she even has one, and I 9 have no idea how she did it, but it's called Unrecorded 10 Deaths in Kerr County in the 1870's, '80's, something like 11 that. This lady -- who -- where could she find these things? 12 I mean, can you imagine the dust? Can you imagine where she 13 found it? Can you imagine what the records from 1837 looked 14 like if they were done on paper? And they were, 15 non-acid-fast paper. And if you go to Amazon and you Google 16 "Gloria Clifton Dozier," you will find many of her books on 17 Amazon, and some are in rare book sites. You will also find 18 some that are -- births is no longer in print, and it's 19 unavailable. You will also find them in the libraries of a 20 lot of universities and the libraries of a lot of city 21 libraries with genealogy and historical areas. 22 It's something that she has been doing for so long, 23 she can't tell me when she started, because the records are 24 on microfilm. But she started clipping the obituaries, and 25 she has on our shelves, 'cause I counted them this morning, 10-13-15 90 1 38 copies like this of obituaries. And you say, "Well, does 2 it matter?" Yes, it matters. It matters, because the most 3 popular hobby in the country, and I would say the world, is 4 looking for your heritage, and a lot of it is in your 5 ancestors. So, I think that Gloria has given us a priceless 6 gift, and I think she -- she needs to be thanked for it. 7 Thank you. 8 COMMISSIONER BALDWIN: Thank you very much, 9 Ms. Baker. We have a resolution from the Commissioners Court 10 we'd like to read, but before we do, I want to see a show of 11 hands of those folks that have come to support this. Look-it 12 there. Look-it there, there's some good people. Thank you 13 very much. Where is Gloria? 14 AUDIENCE: Right there. 15 MS. BAKER: Right here. 16 AUDIENCE: She's sitting there. 17 COMMISSIONER BALDWIN: You couldn't even see her if 18 she was standing up. Look at that. 19 MS. BAKER: Gloria has a little health problem, 20 and -- and some days are good and some days are not good. 21 And this started out to be not a good day, but I jerked her 22 out of bed and brought her down here. (Laughter.) So, this 23 is a special lady. I'll tell you that she did every one of 24 these 52 books -- number 53 is already wrapped and ready to 25 publish; 54 will be done at the end of December. She did 10-13-15 91 1 every one of them alone, with no -- no charge to anybody. 2 She didn't charge anybody. She did them all by herself. 3 This is her gift to Kerr County. 4 COMMISSIONER BALDWIN: This is a resolution of the 5 Kerr County Commissioners Court honoring Gloria Dozier for 6 her service to the citizens -- to the citizens of Kerr 7 County: 8 "Whereas, Gloria Dozier moved to Kerr County with 9 her husband, Joe V. Dozier, a career vocational teacher at 10 Tivy High School, and Gloria began a life of service to her 11 adopted community. Tracking family history became her 12 passion. Using this passion, she became an exceptional 13 historical genealogy researcher, ultimately providing 14 invaluable contributions to Kerr County residents and to 15 others; and 16 "Whereas, Gloria Dozier spent untold hours in the 17 dusty places where old records are kept in a labor of love to 18 help research the genealogy of many families in this 19 community. Her research produced at least 52 historical 20 books recorded, bound, and placed on shelves to be used by 21 the public in the Kerrville Genealogy Society Research Center 22 and library collections; and 23 "Whereas, the past history of Kerr County and the 24 surrounding area has always been her focus, and her writings 25 began with the records in the middle 1800's, and she 10-13-15 92 1 continues her work today. Gloria has clipped the obituaries 2 of area residents from newspapers which have been indexed and 3 bound by the Kerrville Genealogical Society from 1898 to 4 present. For genealogists, finding the obituary or record of 5 an ancestor can be the starting point or can fill a missing 6 gap encountered in family history research; and 7 "Whereas, Gloria's bound obituaries are the most 8 complete and some of the most used books in the Kerrville 9 Genealogical Research Center and library's historical 10 collection, providing information for attorneys, reporters, 11 authors, historians, students, local genealogists, and many 12 people from other states who make Kerrville a destination to 13 search for their family information; and 14 "Whereas, Gloria's dedication and accomplishment of 15 recording the area history, is clearly recognized and truly 16 appreciated by all citizens of Kerr County and visitors to 17 the area who are seeking genealogical information; so, 18 therefore, 19 "Be it resolved that the Kerr County Commissioners 20 Court honors and pays tribute to Gloria Dozier for her many 21 years of unselfish and dedicated service to the citizens of 22 Kerr County, and recognize her for the continuing efforts to 23 research and preserve the history of this county and its 24 residents." 25 This is adopted the 13th day of October, 2015, and 10-13-15 93 1 signed by every member of the Commissioners Court. Gloria, 2 thank you very much for your service. 3 (Applause, standing ovation.) 4 MS. BAKER: Thank you. We appreciate this. 5 JUDGE POLLARD: We appreciate it as well. 6 MS. BAKER: If you knew Gloria, you would know what 7 a really special lady she is. She not only did the books, 8 but she was a -- a long, long member of the Kerrville 9 Genealogical Society, president maybe more than once, and 10 she's been a pillar of this community since 1950. Thank you. 11 COMMISSIONER LETZ: Thank you. 12 COMMISSIONER REEVES: Thank you very much. 13 COMMISSIONER BALDWIN: Can we get that thing 14 signed? You have it, I think, Judge. 15 JUDGE POLLARD: Okay. 16 COMMISSIONER BALDWIN: If we can get it signed to 17 give it to her before she leaves here, that would be great. 18 Minus Mr. Moser. Everybody can sign it but Mr. Moser. You 19 got to stay in there, man, to get the work done. 20 JUDGE POLLARD: Let's see, what item is that, 21 1-point what? 22 COMMISSIONER BALDWIN: 20. 23 COMMISSIONER LETZ: 20. 24 JUDGE POLLARD: That would be nice. 25 COMMISSIONER BALDWIN: Her husband was one of my 10-13-15 94 1 teachers at Tivy a long time ago. 2 COMMISSIONER REEVES: I think her husband was one 3 of a lot of people's teachers at Tivy. 4 COMMISSIONER BALDWIN: And then part-time, he drove 5 a bus. And us Tivy Antlers, we'd go to Laredo and play 6 football, and Joe would be our driver. And, golly, that was 7 an experience. 8 JUDGE POLLARD: Yeah, there it is. 9 COMMISSIONER BALDWIN: So, we're going to sign this 10 thing and get it to you right now before you leave. 11 COMMISSIONER LETZ: If we can find it. 12 COMMISSIONER BALDWIN: Jody? Come up here and help 13 us find this thing. 14 MS. GRINSTEAD: At the very end of 20. 15 JUDGE POLLARD: It's on the agenda, but it looks 16 like -- 17 MS. GRINSTEAD: Keep going. No, the Judge -- right 18 there. 19 JUDGE POLLARD: Yellow tab. 20 COMMISSIONER BALDWIN: That's it right there. 21 MS. GRINSTEAD: It's right there. Yeah, right 22 there. 23 JUDGE POLLARD: All right. 24 (Low-voice discussion off the record.) 25 MS. GRINSTEAD: You still need a motion. 10-13-15 95 1 COMMISSIONER REEVES: I make a motion to approve 2 the resolution as read. 3 COMMISSIONER LETZ: Second. 4 JUDGE POLLARD: Been moved and seconded that the 5 resolution be approved as stated -- as read by Commissioner 6 Baldwin. Is there any further discussion? There being none, 7 those in favor, signify by raising your right hand. 8 (The motion carried by unanimous vote, 3-0.) 9 JUDGE POLLARD: It's 3-0. Commissioner Moser has 10 left. 11 COMMISSIONER BALDWIN: The building. 12 JUDGE POLLARD: Has left the building. All right, 13 let's go back to -- where are we on the agenda? 14 COMMISSIONER REEVES: 1.9. 15 JUDGE POLLARD: 1.9; consider, discuss, and approve 16 the renewal of the addendum with Hart InterCivic for warranty 17 support and license agreement, and have the County Judge sign 18 same. Nadene Alford. 19 MS. ALFORD: Yes, sir. This is the election 20 equipment warranty and support agreement. It needs to be 21 signed and renewed for the $15,316 for the next three years. 22 JUDGE POLLARD: Okay. 23 COMMISSIONER REEVES: Are you in agreement with it, 24 Ms. Alford? 25 MS. ALFORD: Yes, sir. 10-13-15 96 1 COMMISSIONER REEVES: Move to approve. 2 COMMISSIONER BALDWIN: Second. 3 JUDGE POLLARD: Been moved and seconded for 4 approval of the renewal of the addendum item with Hart 5 InterCivic for the warranty support and license agreement, 6 and to have the County Judge sign same. Is there any further 7 discussion? There being none, those in favor of the motion, 8 signify by raising your right hand. 9 (The motion carried by unanimous vote, 3-0.) 10 JUDGE POLLARD: It's 3-0, unanimous. 11 MS. ALFORD: Thank you. 12 JUDGE POLLARD: Let's jump to 1.12; consider, 13 discuss, and take appropriate action to adopt Kerr County 14 Safety Resolution dated October 13, 2015, and have same 15 signed by the County Judge and the Commissioners Court. Dawn 16 Lantz. 17 MS. LANTZ: This is something that we do yearly -- 18 on a yearly basis that goes with our worker's comp, the 19 resolution saying that we, as Kerr County employees, are 20 safe. 21 COMMISSIONER BALDWIN: I move for approval, and 22 then I have a comment. 23 JUDGE POLLARD: Is there a second? 24 COMMISSIONER LETZ: Second. 25 JUDGE POLLARD: It's been moved and seconded to 10-13-15 97 1 take appropriate action to adopt the Kerr County Safety 2 Resolution dated October 13th, 2015, and have the County 3 Judge and Commissioners Court sign it. Any further 4 discussion? 5 COMMISSIONER BALDWIN: Yes. I want to make a 6 comment, Judge. 7 JUDGE POLLARD: Okay. 8 COMMISSIONER BALDWIN: I notice in the Texas -- in 9 the state magazine, and I can't tell you the name of it right 10 now, for some reason, but every elected official in the state 11 of Texas gets a copy of it monthly, including the Texas 12 Legislature; each one of them get it. There's a picture of 13 Dawn Lantz in that magazine receiving an award dealing with 14 something similar to that. Can you tell us what that's 15 about, ma'am? 16 MS. LANTZ: It's a Making a Difference award. I 17 was nominated by Texas Association of Counties for making a 18 difference with our worker's comp program. 19 COMMISSIONER BALDWIN: And -- well, 20 congratulations, and thank you for doing that. I know we've 21 kind of been through that before, but I wanted to bring that 22 up again. I just saw your photograph in there the other day, 23 and it makes me proud that we have employees that move in the 24 right direction. So, thank you so much. 25 JUDGE POLLARD: Any further comment or discussion? 10-13-15 98 1 If not, those in favor of the motion, signify by raising your 2 right hand. 3 (The motion carried by unanimous vote, 3-0.) 4 JUDGE POLLARD: It's 3-0, unanimous. We'll go to 5 1.13; consider, discuss, and take appropriate action to 6 approve renewal of the TAC County Choice Silver Retiree 7 Medicare/RX supplemental for 2016, and have the County Judge 8 sign same. 9 MS. LANTZ: This is basically our supplemental 10 policy that goes to retirees after they retire after age 65, 11 and this renews in January along with Medicare. So, 12 basically, it's separate from our Blue Cross/Blue Shield 13 policy, so I'm just bringing it to the Court for renewal. 14 COMMISSIONER BALDWIN: So moved. 15 COMMISSIONER REEVES: Second. 16 JUDGE POLLARD: Been moved and seconded to renew 17 the TAC County Choice Silver Retiree Medical/RX supplemental 18 for 2016 and have the County Judge sign same. Is there any 19 further discussion? There being none, those in favor of the 20 motion, signify by raising your right hand. 21 (The motion carried by unanimous vote, 3-0.) 22 JUDGE POLLARD: It's 3-0, unanimous. Thank you, 23 Dawn. 24 MS. LANTZ: Thank you. 25 JUDGE POLLARD: Item 1.14; consider, discuss, and 10-13-15 99 1 take appropriate action to rescind Court Order Number 34289, 2 and nominate up to five persons to the Kerr County Appraisal 3 District Board of Directors for 2016 and '17. Commissioner 4 Baldwin. 5 COMMISSIONER BALDWIN: Thank you, sir. You 6 remember last time -- last meeting we appointed -- we named 7 our member that we have appointed in years past to the 8 Appraisal Board. We just named him, and it's my 9 understanding that we need to name all of the people that are 10 on the -- on the -- 11 JUDGE POLLARD: Appraisal Review Board? 12 COMMISSIONER BALDWIN: Yeah, on the review board. 13 And -- and then later on, we will get to actually vote. 14 We'll get our numbers and how many votes we get and all that 15 kind of thing. 16 JUDGE POLLARD: Who are the five? 17 COMMISSIONER BALDWIN: Jody? 18 COMMISSIONER REEVES: It's in the back, I think the 19 last page -- 20 JUDGE POLLARD: Okay. 21 COMMISSIONER REEVES: -- of the handout. 22 COMMISSIONER BALDWIN: It's Charles Lewis, Ray Orr, 23 Mark Bigott, Jack Parks, and Justin MacDonald. And with 24 that, I move that we rescind the original court order, which 25 only had our person named on there. That would be Court 10-13-15 100 1 Order 34289; that we rescind and then name these five persons 2 to the -- to it. 3 JUDGE POLLARD: It's been moved and -- is there a 4 second? 5 COMMISSIONER REEVES: Second. 6 JUDGE POLLARD: All right. Been moved and seconded 7 for -- 8 MS. BOLIN: Judge? 9 JUDGE POLLARD: -- to rescind Court Order Number 10 34289 and to nominate the five persons named to the Kerr 11 Central Appraisal District Board of Directors for 2016 and 12 '17. Is there any further discussion? There being none, 13 those in favor, signify by raising your right hand. 14 (The motion carried by unanimous vote, 3-0.) 15 JUDGE POLLARD: It's 3-0, unanimous. 16 COMMISSIONER BALDWIN: Thank you. 17 JUDGE POLLARD: Thank you. Item 1.15; consider, 18 discuss, and take appropriate action on request from Kerr 19 Central Appraisal District to allow surplus from their fiscal 20 year 2014 budget in the amount of 34,416 bucks be applied to 21 the building reserve fund via a budget amendment. All right. 22 That's been previously discussed, and I think it's 23 recommended that that surplus they have go towards that. 24 They came forward before the Commissioners Court and told us 25 about the land they picked over here on -- I think it's 173. 10-13-15 101 1 COMMISSIONER LETZ: Judge, I move approval. 2 JUDGE POLLARD: Hmm? 3 COMMISSIONER LETZ: I move approval. 4 COMMISSIONER BALDWIN: Second. 5 JUDGE POLLARD: All right. It's been moved and 6 seconded for approval of that -- allowing them to use that 7 $34,416 to be applied to their building reserve fund via a 8 budget amendment. Is there any further discussion? There 9 being none, those in favor, signify by raising your right 10 hand. 11 (The motion carried by unanimous vote, 3-0.) 12 JUDGE POLLARD: It's 3-0, unanimous. Thank you. 13 Now we'll go to 1.17; consider, discuss, and take appropriate 14 action to recommend an elected official to submit an 15 application to be appointed to the Regional Review Committee 16 for the Texas Community Development Block Grant program. And 17 that's in your agenda materials right there. Is there any 18 recommendations or motions? 19 COMMISSIONER LETZ: Commissioner Moser's not here, 20 so we can appoint him. 21 COMMISSIONER BALDWIN: Yeah. Second. (Laughter.) 22 JUDGE POLLARD: Yeah. It's been moved and seconded 23 that Mr. Moser be so appointed in compliance with Item 1.17. 24 Is there any further discussion? 25 COMMISSIONER LETZ: And, actually -- and I have not 10-13-15 102 1 talked to him about this, but the block grant is something 2 very important to us. We've used that program quite a bit, 3 and I think it's important that we have a representative 4 there. I think he's -- because of the East Kerr County 5 project, he's the logical choice. 6 COMMISSIONER BALDWIN: I agree. 7 JUDGE POLLARD: Him rather than you, huh? 8 COMMISSIONER LETZ: That's right. First one that 9 speaks. (Laughter.) 10 JUDGE POLLARD: You don't want to ever miss a 11 meeting. That happened to me at M.H.D.D., and I got elected 12 vice chairman to the board out there. All right. Any 13 further discussion? Then those in favor of the motion, 14 signify by raising your right hand. 15 (The motion carried by unanimous vote, 3-0.) 16 JUDGE POLLARD: It's 3-0, unanimous. 17 Congratulations to Mr. Moser. 18 COMMISSIONER BALDWIN: Yeah, we are proud of him. 19 JUDGE POLLARD: Yeah. All right. 1.18; consider, 20 discuss, and take appropriate action to approve fiscal year 21 '16 interlocal agreement with Lubbock County for the Regional 22 Public Defender for Capital Cases program. And this is 23 something that I think we've done several years, and I 24 recommend it. 25 COMMISSIONER LETZ: Yes, it's a good -- 10-13-15 103 1 JUDGE POLLARD: It's a good -- 2 COMMISSIONER LETZ: It's a good program. It 3 certainly can almost bankrupt you if we don't do it, and I 4 move approval. 5 COMMISSIONER BALDWIN: Second. 6 COMMISSIONER REEVES: Second, with a comment. That 7 as Commissioner Letz said about it almost can bankrupt you, 8 at the legislative conference in Austin in August, the 9 session I sat in on was regarding this, and the County Judge 10 from Kaufman County was there, and Kaufman County is where 11 the Assistant D.A. was murdered, and about a month later the 12 D.A. and his wife were also murdered by the same person -- 13 allegedly so far. Is that the way to say that? 14 MS. STEBBINS: Yep. 15 COMMISSIONER REEVES: Okay. Anyway, he got up and 16 did state that if they had not been a part of this program, 17 it would have ruined the entire county because just of the 18 cost. So, this is very important to have. It is well worth 19 every bit we put into it. 20 COMMISSIONER LETZ: It's very inexpensive 21 insurance. 22 COMMISSIONER BALDWIN: Good insurance. 23 JUDGE POLLARD: You get one big murder case in your 24 county, going back to the lady from up near Dallas that -- 25 that was transferred down here on venue out of that county up 10-13-15 104 1 there that Mosty was involved in, and she killed -- allegedly 2 killed some children involved. Boy, that can be a -- that 3 can just wreck your budget, because it ends up being hundreds 4 of thousands of dollars of cost that we don't have budgeted. 5 And so this program provides insurance for that, very good 6 program. All right. Those in favor of the motion, signify 7 by raising your right hand. 8 (The motion carried by unanimous vote, 3-0.) 9 JUDGE POLLARD: It's 3-0, unanimous. All right. 10 Item 1.19; consider, discuss, and take appropriate action to 11 approve the third amendment to the Agreement for Inmate 12 Health Care Services, and allow the County Judge to sign 13 same. Sheriff Hierholzer. 14 SHERIFF HIERHOLZER: This is accounted for in our 15 budget process, the dollars to fund this. It's a third 16 amendment. There were a few changes there, but I'm just 17 asking that the County Judge be able to sign. 18 COMMISSIONER BALDWIN: So moved. 19 COMMISSIONER LETZ: Second. 20 JUDGE POLLARD: All right, it's been moved in 21 accordance with Item 1.19, to approve the third amendment to 22 the Agreement for Inmate Health Care Services, and allow the 23 County Judge to sign same. Is there any further discussion? 24 There being none, those in favor, signify by raising your 25 right hand. 10-13-15 105 1 (The motion carried by unanimous vote, 3-0.) 2 JUDGE POLLARD: It's 3-0, unanimous. I'll skip to 3 1.21; consider, discuss, and take appropriate action to 4 approve the engagement letter for the audit of financial -- 5 the proposed Center Point/East Kerr County Wastewater Project 6 to the Texas Historical Commission. Did we already vote on 7 that? 8 MS. DOSS: You're on the wrong page. 9 COMMISSIONER REEVES: You need to go to 1.21, 10 Judge. 11 COMMISSIONER LETZ: Your pages are out of order. 12 JUDGE POLLARD: Oh, okay. 13 COMMISSIONER LETZ: You read part of one and part 14 of another. 15 JUDGE POLLARD: Okay, I got you. All right, I'll 16 let you -- I'll read it again. Consider, discuss, take 17 appropriate action to approve the engagement letter for the 18 audit of financial supplements and single audit for the 19 period ending September 30, 2015, and authorize the County 20 Judge to sign same. Brenda Doss. 21 MS. DOSS: I think you received a copy of the 22 engagement letter. It's a standard A.I.C.P.A. requirement. 23 COMMISSIONER LETZ: Do you recommend it? 24 MS. DOSS: Yes, sir. 25 COMMISSIONER LETZ: Move approval. 10-13-15 106 1 COMMISSIONER BALDWIN: Second. 2 COMMISSIONER REEVES: Second. 3 JUDGE POLLARD: Been moved and seconded for 4 approval of the engagement letter for the audit of financial 5 statements and single audit for the period ending September 6 30, 2015, and authorize County Judge to sign same. Any 7 further discussion? 8 COMMISSIONER LETZ: What was the amount, 42,000 or 9 something? 10 MS. DOSS: Yes, sir. 11 COMMISSIONER LETZ: And what do we have budgeted? 12 MS. DOSS: Fifty. 13 COMMISSIONER LETZ: Fifty? 14 MS. DOSS: Yes. 15 JUDGE POLLARD: Okay. Those in favor of the 16 motion, signify by raising your right hand. 17 (The motion carried by unanimous vote, 3-0.) 18 JUDGE POLLARD: 3-0, unanimous. 1.22; consider, 19 discuss, and take appropriate action to approve the 2016 Kerr 20 County resolution for the Indigent Defense Grant program, and 21 authorize County Judge to sign same. Brenda Doss. 22 MS. DOSS: This is something we have to do every 23 year. It's the standard resolution like they have every 24 year, and we need to have the resolution in order to apply 25 for the Indigent Defense Grant program. 10-13-15 107 1 COMMISSIONER BALDWIN: So, we're just applying for 2 the grant? 3 MS. DOSS: Yes, sir. 4 COMMISSIONER BALDWIN: Yeah, okay. I move for 5 approval. 6 COMMISSIONER REEVES: Second. 7 JUDGE POLLARD: Been moved and seconded for 8 approval of the -- 9 COMMISSIONER BALDWIN: Let's see, does that include 10 salaries in that thing? 'Cause we have a person that gets 11 paid -- no? 12 MS. DOSS: That's the Indigent Health. 13 COMMISSIONER BALDWIN: You're right. 14 JUDGE POLLARD: All right. Any further discussion? 15 If not, those in favor of the motion, signify by raising your 16 right hand. 17 (The motion carried by unanimous vote, 3-0.) 18 JUDGE POLLARD: It's 3-0, unanimous. All right. 19 Let's go to 1.26; consider, discuss, and take appropriate 20 action regarding management contract at Hill Country Youth 21 Event Center. Commissioners Letz and Reeves. 22 COMMISSIONER LETZ: That'll be executive session. 23 JUDGE POLLARD: Okay. 24 MS. STEBBINS: You'll need to vote on whether or 25 not it would -- 10-13-15 108 1 COMMISSIONER REEVES: Could you read the language 2 for us? 3 MS. STEBBINS: Yes, sir, I think I have it in here. 4 COMMISSIONER BALDWIN: Did we do 24? 5 MS. STEBBINS: I don't have the e-mail. You need 6 to vote on whether or not it would impact your ability to 7 negotiate with third parties -- 8 COMMISSIONER REEVES: Third parties. 9 MS. STEBBINS: -- if you had it in open session, 10 and I have issued a written opinion that it would. So, you 11 have -- if you determine that it does, you have to vote 12 unanimously so that you can go into executive session. 13 COMMISSIONER LETZ: I'll make a motion that -- to 14 make such determination, that we need to go in executive 15 session 'cause it would -- 16 JUDGE POLLARD: Affect. 17 COMMISSIONER LETZ: -- affect -- 18 COMMISSIONER REEVES: Be detrimental to third 19 parties. 20 MS. STEBBINS: Negotiation with third parties. 21 COMMISSIONER REEVES: And negotiations. I'll 22 second. 23 JUDGE POLLARD: All right. Any further discussion 24 about that motion? Those in favor, signify by raising your 25 right hand. 10-13-15 109 1 (The motion carried by unanimous vote, 3-0.) 2 JUDGE POLLARD: It's 3-0, unanimous. All right, 3 we'll jump down -- I guess 1.27 will be executive session, 4 too. 5 COMMISSIONER LETZ: Do we have bills, Judge? 6 JUDGE POLLARD: 1 o'clock, huh? 7 COMMISSIONER LETZ: That's the jail. That's 8 Rusty's stuff. 9 JUDGE POLLARD: Okay, yeah. All right. 1.29; 10 consider, discuss, and take appropriate action on selection 11 of construction manager-at-risk for Kerr County Jail 12 Expansion project. We'll do that after we come out of 13 executive session. 14 MS. STEBBINS: That's at 1 o'clock, Your Honor. 15 COMMISSIONER LETZ: All of those are 1 o'clock. 16 JUDGE POLLARD: All right. Then let's -- let's go 17 to paying the bills, et cetera. Any questions about paying 18 the bills? 19 COMMISSIONER LETZ: Move we pay the bills. 20 JUDGE POLLARD: Is there a second? 21 COMMISSIONER REEVES: Second. 22 JUDGE POLLARD: It's been moved and seconded that 23 we pay the bills as submitted. Any further discussion or 24 questions? There being none, those in favor, signify by 25 raising your right hand. 10-13-15 110 1 (The motion carried by unanimous vote, 3-0.) 2 JUDGE POLLARD: It's 3-0, unanimous. 4.2, budget 3 amendments. Mrs. Auditor, are there any? 4 MS. DOSS: We have four. 5 JUDGE POLLARD: Four? 6 COMMISSIONER REEVES: I assume those were to finish 7 out -- 8 MS. DOSS: Yes, sir. 9 COMMISSIONER REEVES: -- the ending fiscal year of 10 September 30th? 11 MS. DOSS: Yes, sir. 12 COMMISSIONER REEVES: Move to approve the budget 13 amendments. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE POLLARD: Moved and seconded that the budget 16 amendments as submitted be approved. Is there any further 17 discussion? There being none, those in favor, signify by 18 raising your right hand. 19 (The motion carried by unanimous vote, 3-0.) 20 JUDGE POLLARD: It's 3-0, unanimous. Late bills. 21 MS. DOSS: Yes, we have a few late bills. 22 JUDGE POLLARD: Any questions about the two late 23 bills? 24 COMMISSIONER LETZ: I move we pay the late bills. 25 COMMISSIONER REEVES: Second. 10-13-15 111 1 JUDGE POLLARD: Been moved and seconded that we 2 pay -- that the late bills be paid. And is there any further 3 discussion? There being none, those in favor, signify by 4 raising your right hand. 5 (The motion carried by unanimous vote, 3-0.) 6 JUDGE POLLARD: It's 3-0, unanimous. 4.4, approve 7 and accept monthly reports. 8 COMMISSIONER REEVES: Yes, sir. Quite a few of 9 them today. I have an audit report for each of the four J.P. 10 precincts. I have a monthly report for J.P., Precinct 1, 11 September 2015; monthly report, J.P., Precinct 2, 12 September 2015; monthly report, J.P., Precinct 3, 13 September 2015; monthly reports from each of the four 14 constables for the month of September 2015; Kerr County 15 Environmental Health Department activity report for the month 16 of September 2015; report from Kerr County Animal Services 17 for the month of September 2015; report from the District 18 Clerk for the month of September 2015; County Clerk, monthly 19 report, September 2015; County Treasurer, payroll approval 20 for the month ending September 2015. Move to approve the 21 reports and sign as needed. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE POLLARD: Been moved and seconded that the 24 reports as read by Commissioner Reeves be accepted and -- 25 approved and accepted. Is there any further discussion? 10-13-15 112 1 There being none, those in favor, signify by raising your 2 right hand. 3 (The motion carried by unanimous vote, 3-0.) 4 JUDGE POLLARD: It's 3-0, unanimous. Okay. I 5 guess we can go into closed session at this time. I will 6 read -- 7 MS. BOLIN: Judge, I'd like to say something. 8 JUDGE POLLARD: Okay. 9 MS. BOLIN: I started a new program this year with 10 tax statements. It's electronic tax statements. The three 11 newspapers, Jennifer and Bonnie and Irene, all came to me. 12 They did great articles for it. I was -- my highest hope was 13 maybe between 6 and 12 people. We've had almost 50 people 14 sign up for this. It'll be a savings to the county. When I 15 generate the tax statements this year, they'll get an e-mail 16 saying that your tax statement's ready. They go to the 17 website, they get their own tax statement. They can pay it 18 immediately or whenever they're ready. They can print it out 19 any time. I just wanted to thank them and let y'all know 20 that we've started this program, and hope for the -- 21 hopefully it will help save us some money. 22 JUDGE POLLARD: Okay. 23 COMMISSIONER BALDWIN: Fantastic. Thank you. 24 JUDGE POLLARD: All right. Any further comments or 25 anything before we go into closed session? All right. The 10-13-15 113 1 Commissioners Court reserves the right to adjourn into 2 executive session to discuss the matters on the agenda that 3 meet the qualifications of Sections 551.071, 551.072, 4 551.073, 551.074, 551.078 and .0785, and 551.076, 551.087, 5 all in Chapter 551 of the Texas Government Code. We're in 6 closed session. 7 (The open session was closed at 11:37 a.m., and an executive session was held, the transcript of which 8 is contained in a separate document.) 9 - - - - - - - - - - 10 (Returned to open session at 12:18 p.m.) 11 JUDGE POLLARD: All right, the closed session is 12 closed, and the -- we're now back in open session, and we're 13 going to recess until 1 o'clock. 14 THE CLERK: Okay. 15 (Recess taken from 12:18 p.m. to 1:00 p.m.) 16 - - - - - - - - - - 17 JUDGE POLLARD: Okay. Kerr County Commissioners 18 Court's back in session -- open session, that is, and it 19 looks like it's about three minutes after 1 p.m. on October 20 the 13th, 2015. Item 1.28 on the agenda is consider, 21 discuss, and take appropriate action to hear presentations 22 from three construction managers-at-risk finalists for the 23 Kerr County Jail Expansion project, and to subsequently rank 24 the best value based on point allocations for the 25 qualifications, cost factors, and presentations. Sheriff, 10-13-15 114 1 you've got the floor. 2 SHERIFF HIERHOLZER: Well, I think if y'all 3 remember -- is Perry here? 4 MR. RABKE: I'm here. 5 SHERIFF HIERHOLZER: There he is. I didn't see you 6 come in. Wayne Gondeck could not be here; he had something 7 come up that he had to see to, so he sent his sidekick Perry 8 here with DRG Architects. You'll recall last Commissioners 9 Court we set it up that each company could have about a 10 10-minute presentation or so to address the Court and kind of 11 introduce themselves, and then on that ranking, and on the -- 12 between that presentation and the point allocation that was 13 done by DRG in their scoring of the RFP's and that, the next 14 agenda item, which I assume the Court can take up either in 15 executive session to discuss it or in open session, we'll use 16 both of these things to come up and hopefully make a decision 17 today on who the construction manager at risk should be. So, 18 I would just do it in the order in which we had them on the 19 other part of the point system, which would be Sedalco 20 Company going first, if that's what you'd like to do. 21 JUDGE POLLARD: We'll do it. Sedalco, step 22 forward. 23 (Discussion off the record.) 24 MR. KADER: I think we're going to defer to the 25 second half, and we'll -- we'll defer the kickoff at this 10-13-15 115 1 point and let you guys go first. 2 MR. McCLURE: No, you go right ahead. 3 MR. KADER: That's up to the Court. If you want us 4 to give a presentation in front of our competition, that's 5 what we'll do. That's highly unusual, but we will do that if 6 that's what the Court wishes. 7 SHERIFF HIERHOLZER: I think you could do it in 8 executive if the Court wishes, but y'all had originally last 9 week -- 10 JUDGE POLLARD: Want to do it in executive and have 11 them one at a time? I think it looks like they would feel a 12 lot more comfortable. 13 MR. McCLURE: We'll come back when they're ready. 14 AUDIENCE: Can we leave the door open? (Laughter.) 15 SHERIFF HIERHOLZER: I don't know where the County 16 Attorney went. 17 COMMISSIONER REEVES: We do have an e-mail from 18 Heather's office, don't we? 19 MS. GRINSTEAD: On this? 20 COMMISSIONER REEVES: Didn't we ask about -- 21 MS. GRINSTEAD: I don't know, 'cause I asked about 22 the other one; she said she'd already given it to you. I'll 23 try and get ahold of Heather. 24 COMMISSIONER REEVES: All right. 'Cause we'll have 25 to vote to go into -- 10-13-15 116 1 COMMISSIONER LETZ: Closed session. 2 COMMISSIONER REEVES: -- closed session. 3 SHERIFF HIERHOLZER: Right. 4 COMMISSIONER REEVES: That -- 5 JUDGE POLLARD: With that language. 6 SHERIFF HIERHOLZER: That it could be detrimental 7 to third-party negotiation? 8 COMMISSIONER REEVES: That's correct. 9 COMMISSIONER BALDWIN: So, are we in closed 10 session? 11 COMMISSIONER LETZ: Not yet. 12 JUDGE POLLARD: Not yet. 13 COMMISSIONER LETZ: She's checking -- Jody's going 14 to check with the County Attorney. 15 COMMISSIONER BALDWIN: This deferring the kickoff, 16 though, you got to have the ball to score. 17 MR. KADER: I'm ready to take the ball if I can run 18 with it. 19 JUDGE POLLARD: Why would you reserve the right to 20 defer and then take the ball? That doesn't make any sense. 21 MR. KADER: If I was to get to listen to what their 22 proposals are, I was going to defer to take the ball last. 23 That's definitely an advantageous position in this game. 24 JUDGE POLLARD: Yeah. You're talking to a lawyer. 25 The closing part of closing arguments is pretty much the same 10-13-15 117 1 thing you're talking about. 2 MR. KADER: Okay. Do you want us to proceed? 3 JUDGE POLLARD: Not yet. 4 COMMISSIONER LETZ: We need to wait. 5 JUDGE POLLARD: We got to get our dominoes lined up 6 first. Waiting on some advice from the County Attorney just 7 as to the verbiage to use. 8 (Low-voice discussion off the record.) 9 MS. GRINSTEAD: She's on her way up. 10 COMMISSIONER LETZ: She's on her what? 11 JUDGE POLLARD: Do we have the language that I need 12 to read to go into -- 13 MS. GRINSTEAD: She'll come up. 14 JUDGE POLLARD: Oh. Sorry for the confusion. 15 We're usually more advanced. 16 MR. KADER: We're fine. Judge, do you want me to 17 hold this to 10 minutes? We're -- 18 JUDGE POLLARD: Are you prepared to do that? 19 MR. KADER: We are prepared to do it in 10 minutes. 20 We're also prepared to answer quite a few other questions at 21 your discretion if you want to go into detail, so we're 22 prepared to go into detail. 23 JUDGE POLLARD: Let's hold your presentations to 10 24 minutes, and then we'll decide if we have questions. 25 MR. KADER: Okay. 10-13-15 118 1 JUDGE POLLARD: We'll ask that after -- that won't 2 be using -- we will not be in your 10 minutes, okay? 3 COMMISSIONER REEVES: Ms. County Attorney? 4 MS. STEBBINS: Yes, sir? 5 COMMISSIONER REEVES: Is it your opinion that it 6 would be detrimental to third-party negotiations to hold 7 these interviews in open session, or do you feel we can go 8 into executive session, since trade secrets may be -- 9 MS. STEBBINS: I feel like it would be -- might be 10 detrimental to third-party negotiations if we do this in open 11 session, and I'll put that in writing right now. 12 COMMISSIONER REEVES: All right, thank you. 13 MS. STEBBINS: You're welcome. 14 COMMISSIONER REEVES: Then I'll make a motion that 15 because it would be detrimental to third parties to hold this 16 session outside of executive, closed session, that we go 17 into -- 18 JUDGE POLLARD: Closed session again, or reopen our 19 closed session that we had this morning? 20 COMMISSIONER REEVES: Yes, sir. 21 JUDGE POLLARD: All right. 22 SHERIFF HIERHOLZER: And I would ask that myself 23 and DRG Architects, Perry Rabke, be able to stay in the room. 24 COMMISSIONER REEVES: Along with legal counsel. 25 JUDGE POLLARD: All right. 10-13-15 119 1 COMMISSIONER REEVES: We do need to vote on it, 2 Judge. 3 JUDGE POLLARD: Yes. 4 MS. STEBBINS: Yes, you need to vote on it. 5 COMMISSIONER REEVES: And I need a second. 6 COMMISSIONER LETZ: Second. 7 JUDGE POLLARD: It's been moved and seconded that 8 we go into executive session for the reasons stated by the 9 County Attorney and by Commissioner Reeves. Is there any 10 further discussion? There being none, those in favor, 11 signify by raising your right hand. 12 (The motion carried by unanimous vote, 3-0.) 13 JUDGE POLLARD: It' 3-0, unanimous. All right, 14 we're closing the public session and going into closed 15 session. It's really -- we're going into the same closed 16 session we had this morning. It's the same closed session; 17 we're having to reopen it. 18 COMMISSIONER REEVES: Well, it's a different agenda 19 item that we just voted on. 20 JUDGE POLLARD: All right. If that's the case, 21 then I better read that statutory stuff. As always, my 22 agenda page is missing. It's Section 551, the part about -- 23 COMMISSIONER REEVES: Here. 24 JUDGE POLLARD: Okay. All right. The 25 Commissioners Court is going into closed session to discuss 10-13-15 120 1 matters that are concerned with Sections 551.071, 551.073, 2 551.072, 551.074, 551.078 and .0785, and 551.076, 551.087, 3 all in Chapter 551 of the Texas Government Code. 4 (The open session was closed at 1:10 p.m. and an executive session was held, the transcript of which 5 is contained in a separate document.) 6 - - - - - - - - - - 7 JUDGE POLLARD: All right, it's a quarter of 3:00, 8 and closed session -- we're back in open session now. We've 9 closed the closed session; we're back in open session at this 10 time. What are your wishes? 11 COMMISSIONER LETZ: I'll make a motion that based 12 on the recommendation of the architect, the scoring criteria, 13 the total, they gave the following scores: Templeton 14 received 79 points, Sedalco 80 points, and Huser 85 points. 15 And on the fee structure totals, which had those totals, 16 Huser Construction was $1,123,365. Templeton was $1,366,609, 17 and Sedalco was $1,392,633. Based on all that information, 18 the recommendation to go with Huser Construction, who was the 19 highest score tabulated, and also the lowest bid. 20 JUDGE POLLARD: Is there a second? 21 COMMISSIONER REEVES: I will second that. 22 JUDGE POLLARD: Any further discussion? And, by 23 the way, I would like the record to reflect that the memo 24 from -- to Sheriff Hierholzer from Wayne Gondeck dated 25 October 6, 2015, which has those schedules attached to it 10-13-15 121 1 that I just mentioned is part of the record now at this time, 2 and so it's therefore available to the public. 3 COMMISSIONER LETZ: Correct. 4 JUDGE POLLARD: All right. Is there any further -- 5 that satisfies you? 6 MR. RABKE: Thank you, sir. 7 JUDGE POLLARD: All right. And is there any 8 further discussion or comment? There being none, those in 9 favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote, 3-0.) 11 JUDGE POLLARD: It's 3-0, unanimous. By the way, I 12 agree with the motion too, and let the record reflect that 13 Commissioner Moser has left and is not present for this vote. 14 COMMISSIONER LETZ: And, Judge, can I just make a 15 clarification on that motion? It was -- I think I said to 16 award the contract. It is to select them as the -- our 17 choice to begin negotiations with. 18 SHERIFF HIERHOLZER: Negotiate with, correct. 19 JUDGE POLLARD: Everybody agree that that's -- 20 COMMISSIONER BALDWIN: Yes, I do. 21 JUDGE POLLARD: -- part of the motion? Yeah, 22 that's in accordance with the RFP which we just read. 23 COMMISSIONER LETZ: Right. 24 JUDGE POLLARD: All right, thank you. Anything 25 else? If not, -- 10-13-15 122 1 COMMISSIONER REEVES: Move we adjourn. 2 JUDGE POLLARD: -- we're adjourned. 3 (Commissioners Court adjourned at 2:48 p.m.) 4 - - - - - - - - - - 5 6 7 STATE OF TEXAS | 8 COUNTY OF KERR | 9 The above and foregoing is a true and complete 10 transcription of my stenotype notes taken in my capacity as 11 official reporter for the Commissioners Court of Kerr County, 12 Texas, at the time and place heretofore set forth. 13 DATED at Kerrville, Texas, this 16th day of October, 14 2015. 15 16 REBECCA BOLIN, Kerr County Clerk 17 BY: _________________________________ Kathy Banik, Deputy County Clerk 18 Certified Shorthand Reporter 19 20 21 22 23 24 25 10-13-15