ORDER NO. 29675 APPROVE GRANT AGREEMENTS WITH TEXAS DEPARTMENT OF AGRICULTURE FOR AWARD UNDER "TEXAS YES" PROGRAM IN CONNECTION WITH KERRVILLE CONVENTION AND VISITORS BUREAU TO BENEFIT KERRVILLE BOARDWALK FUND Came to be heard this the 8th day of May, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: State that at this time, the Commissioner's Court does not want Kerr County to be the Grantee under this Grant, and include notifying the entities to see if there is additional information that they want to provide the County. a9,~~5 /`~ i COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley OFFICE: County Jud MEETING DATE: May 8, 2006 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve Grant Agreements with Texas Department of Agriculture for awazd under "Texas Yes" Program in connection with event under sponsorship of Kerrville Convention and Visitors Bureau to benefit Kerrville Boardwalk Fund. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ::.• << 0 KERB COUNTY ATTORNEY COUNTY COURTHOUSE, SUITE BA-I03 ~ 700 MAIN STREET May 5, 2006 Judge Pat Tinley RE: Texas Yes contract for "Providing Grapes and Grub..." Dear Pat: REX EMERSON KERRVILLE, TEXAS 78028 I have some concerns about the Texas Department of Agriculture contracts forwarded to Ken County. I reviewed the January 9, 2006 Commissioners Court minutes and it is by opinion that the Court passed an order under the auspices that the Court was merely required to join the Texas Yes program and any grant funds obtained would be distributed through the Boardwalk Association. I do not believe this contract mirrors the intent of this Court. In the Texas Department of Agriculture Contract: 2.5 -Grantee is Kerr County. 2.6 -Grantee's Agent is designated as Mr. Fazraz. 3.2 -Grantee is required to perform all proposed project activities. 4.6 -Failure to comply may result in Grantee's future ineligibility. 5.1 -Grantee must have possession/access to all records for potential audit. 6.3 -Grantee liability for misuse of funds. 8.1 - 8.4 -property shall be used in accordance with agreement and records shall be maintained and grantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, theft. 10.1 - "Grantee is not relieved of its duties and obligations imposed by this Agreement through delegation by Grantee to third party." Although all monies are reimbursed after expenditure, there are reasonably significant responsibilities and liabilities of Grantee(Kerr County) that cannot be delegated. As I understand the facts, it is my opinion that unless this Court designates a county employee "overseer" to be responsible for County obligations, it is not a good idea to endorse the contract. Please see attached January 9, 2006 Commissioners Court minutes. -~._/,,' .Rex Emerson MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 FAX (830) 792-2228 Page I of 117 1 2 3 9 5 6 7 B KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, January 9, 2006 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: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 DAVE NICHOLSON, Commissioner Pct. 4 1 I N D E X January 9, 2006 2 --- Commissioners' Comments 3 1.1 Consider/discuss proclaiming January 13, 2006 9 as Agricultural Day in Kerr County 5 1.2 Consider/discuss, take appropriate action 2 PAGE 5 9 http://www.co.kerr.ts.us/commcrt/minutes/2006/010906cc.txt 5/5/2006 Page 2 of 117 approving rental fees for electronic voting 6 equipment as per Texas Election Code 123.032 14 7 1.3 Execution of written agreement authorizing Crime Victims Rights Coordinator to utilize 8 office space in courthouse during grant period, establish value of leased space 30 9 1.9 Consider/discuss, take appropriate action for 10 Final Plat of Heartland Acres, Pct. 2 35 11 1.5 Consider/discuss, take appropriate action to award bids on lease of two all-wheel backhoes 36 12 1.11 Consider/discuss, appoint Kathy Banik to the l3 Kerr County Child Service Board 39 19 1.12 Consider/discuss, approve application by Kerr County for grant funds from the Texas Department 15 of Agriculture to be used for advertising Texas State Arts and Crafts Fair under the Hometown 16 Stars Program; appoint Bob Miller as agent for applicant 90 17 1.10 Consider/discuss, authorize County Judge to 18 make application to join Texas Yes Program to enable Kerrville Convention & Visitors Bureau 19 to obtain matching funds for event to benefit Kerrville Boardwalk Project 45 20 1.6 Public Hearing concerning regulatory signs in 21 various locations in Kerr County 57 22 1.7 ConsiderJdiscuss, take appropriate action to set regulatory signs in various locations 58 23 1.8 Public Hearing concerning Revision of Plat for 29 Tract 152-A of Spicer Ranch # 3, Pct. 3 62 25 1.9 Public Hearing concerning Revision of Plat for Lots 5-9, Block 8, Greenwood Forest, Pct. 4 65 3 1 I N D E X Continued) January 9, 2006 2 PAGE 3 4.1 Pay Bi11s 67 4.2 Budget Amendments 71 4 9.3 Late Bi11s -- 4.4 Approve and Accept Monthly Reports 75 5 5.1 Reports from Commissioners/Liaison Committee 6 Assignments 76 7 1.13 Reports from the following Departments: Information Technology 83 8 Road and Bridge 86 Facilities and Maintenance 105 9 Collections 118 http://www.co.ken.tx.us/commcrt/minutes/2006/010906cc.txt 5/5/2006 Page 45 of 117 2 way off that mark. But since this is a first-year event, you 3 just never know. 4 COMMISSIONER NICHOLSON: Where is Trail's End? 5 MR. FARRAR: Trail's End is -- you go out Loop 539 6 to Cypress Creed Road, three and a half miles, and I'm sure we 7 all know where the shooting range is. And if you take a right B at that neighborhood there and you go to the back of the 9 neighborhood, we're at the far end oŁ the neighborhood. 10 COMMISSIONER LETZ: Precinct 3, just to make sure 11 you know where it is. 12 COMMISSIONER WILLIAMS: My question has to do 13 with -- with the application itself. You're making 14 application to Texas Department of Agriculture. I'm reading 15 from the styling on the agenda item. 16 MR. FARRAR: Sure. 17 COMMISSIONER WILLIAMS: To enable Kerrville 18 Convention and Visitors Bureau to obtain matching funds from 19 the Department for event to benefit Kerrville Boardwalk 20 project. Are we talking -- what exactly are we talking about? 21 Promotional money? You're asking for promotional money which 22 will come through C.V.B. for the purpose of promoting this 23 event? Is that -- is that what we're asking? 29 MS. B[JRDITT: Yes. 25 COMMISSIONER WILLIAMS: Yes? 1-9-06 ~ 51 1 MS. BORDITT: Yes. 2 COMMISSIONER WILLIAMS: And then, assuming and 3 hoping that this is a success, the net proceeds go to the 4 Boardwalk project for its use in terms of whatever it's doing? http://www.co.kerr.tx.us/commcrt/minutes/2006/010906catxt 5/5/2006 Page 46 of 11? 5 MR. FARRAR: Yes, sir. 6 COMMISSIONER WILLIAMS: I guess I understand. 7 COMMISSIONER LETZ: I think I understand. I guess 8 my -- I have two concerns. One, your location is somewhat 9 remote. 10 MR. FARRAR: It's very remote. 11 COMMISSIONER LETZ: And I guess -- is that 12 a reasonable location for an event? And that's kind of 13 just -- 14 MR. FARRAR: That's the first question every -- 15 that's the first question everyone asks. Unfortunately, when 16 you go to a lot of events in the hill country, they're out in 17 the open. They're right against the highway, and you really 18 don't experience or feel what a day's walk in the hill country 19 is. If you could all imagine that you lived in Houston or 20 Da 11as or San Antonio, and you go somewhere, park your car and 21 walk down a trail, be out in the woods and be out in the 22 hills, but still receive the same type of attention and 23 service that you would at an event that was held at a -- maybe 24 a convention center or things like that -- think of it as a 25 trade show located in the hills. 1-9-06 52 1 COMMISSIONER LETZ : Okay. And my other question, 2 it's probably more probably to Rex, more a legal question. 3 This is getting very close, in my mind, to the County 4 supporting spending -- it's state funds, not county Funds, but 5 the County helping sponsor something tha t's benefiting a 6 private entity, being your B and B. Do we have any concerns 7 there, Rex? Should I be co ncerned about that? And I'm not -- http://www.cakerr.tx.us/commcrt/minutes/2006/010906co.txt 5/5/2006 Page 47 of 117 8 I mean -- 9 MR. EMERSON: I don't know the legitimate answer to 10 that. You'd have to go back and look at the program itself to 11 see what the restrictions are. 12 COMMISSIONER LETZ: I just -- I want to make very 13 certain that this is an appropriate use, because it is -- even 14 though it's -- it's not directly benefiting your business, it 15 -- there's certainly clearly an indirect benefit to your 16 business. 17 MR. FARRAR: Sure, it's an indirect benefit. 18 COMMISSIONER LETZ: I just want to make sure that 19 we're not getting the County into a legal predicament. 20 MR. FARRAR: It's no different from the days when 21 the County would have to go to some landowner and say, "Would 22 you let us use your property for this and this and this so the 23 County can obtain funds?" And that's what -- in essence, 24 that's what we're doing. The County needs the tax dollars; we 25 all agree upon that. One way to bring tax dollars in the 1-9-06 53 1 county is for the Boardwalk to be a success and draw a lot of 2 tourists. 3 COMMISSIONER LETZ: I understand all that. I'm just 4 -- it's just a -- it's a little bit closer relationship than S I'm used to seeing before the Court. 6 COMMISSIONER WSLLIAMB: Commissioner, maybe the 7 answer lies in who's going to administer the funds. 8 JUDGE TINLEY: Speak to that. 9 MR. FARRAR: We don't have anything to do with the 10 dollars. All the dollars will be administered through -- you http://www.co.ken.tx.us/commcNminutes/?006/010906co.txt 515(2006 Page 48 of 117 G 11 know, they'll be actually administered through the Boardwalk 12 Association. We had thought about going through Visitor and 13 Convention Bureau, but they're just not logistically set up to 14 do that. The only dollars that will actually go through our 15 own self is, we have -- we're applying for a liquor license -- 16 or a beer and wine license. We will have a beer and wine 17 license. Since we'll be the licensee, the dollars will have 18 to be put through our bees and wine license. However, all 19 those moneys will be audited by a representative of the 20 Boardwalk Association. 21 COMMISSIONER LETZ: Convention and Visitors Bureau, 22 they don't -- they're comfortable with the relationship? 23 MS. BURDITT: I think we're fine. 24 COMMISSIONER LETZ: I mean, I think it's a neat 25 idea. It's just something we have never -- I've never seen 1-9-06 59 1 before with a private entity. We've done it with 2 organizations that are nonprofits before. This is just -- 3 Mr. Miller's. But it's just a matter -- this is a little bit 9 different, in my mind. 5 MS. BURDITT: It's actually up to the Department of 6 Agriculture to determine that. If they question it, they 7 won't award the grant. All we're doing is applying for the 8 grant. If they don't -- 9 COMMISSIONER LETZ: That's true, too. 10 MS. BURDITT: If they don't like the trail, then 11 they won't award it. 12 MR. FARRAR: That's just more money we have to raise 13 for advertising. http://www.co.kerr.tx.us/commcrt/minutes/2006/010906cc.txt 5/5/2006 Page 49 of 117 14 COMMISSIONER WILLIAMS: How much are you applying 15 Łor? 16 MR. FARRAR: The full amount, 10,000. They match up 17 to 510,000. They match up to $10,000, and I'm assuming our 18 advertising budget will be somewhere in the -- because we're 19 also doing a web site, be somewhere between $25,000 to 20 $35,000. 21 COMMISSIONER LETZ: Bob, you had -- 22 MR. MILLER: Only comment is, if you take a look at 23 the pink sheet, you all are limited to two grant awards per 24 body from the Texas Yes Program, so iŁ you approve both of 25 these, that's it for a while. So, you know -- and Z don't 1-9-06 55 1 know that anybody else has got anything in the wings. And 2 they've only approved 20 of it as oŁ yesterday; they had 10 -- 3 I mean as of Friday. So, pretty good shot that they'll all be 4 approved. 5 MR. FARRAR: Yeah, it will be. 6 COMMISSIONER WILLIAMS: If the grant is awarded and 7 it's administered by the Boardwalk people, are they obligated 8 to use it solely and exclusively to promote your event, which 9 ultimately benefits them if you -- if you make any money? Or 10 can they use it for any and all events? 11 MR. FARRAR: They cannot use it except for this 12 particular event. There'll be a separate banking account set 13 up for this, and all the moneys will go towards the 14 advertising. We have to give the Texas Yes Program a strong, 15 fixed budget; we have to stay within those guidelines. 16 COMMISSIONER WILLIAMS: Okay. http://www.co.kerr.tx.us/commcrdminutes/2006/010906co,txt 5(5!2006 Page 50 of 117 17 COMMISSIONER BALDWIN: I don't -- 18 MR. MILLER: It's not even -- none of us will get 19 the money first. We spend the money, submit the invoices; 20 they approve the ones they want to approve, and then they 21 write a check. So, it's a -- 22 COMMISSIONER WILLIAMS: Okay. 23 JUDGE TINLEY: You had a question, Commissioner? 24 COMMISSIONER BALDWIN: I just wanted to make a 25 comment. I see this thing as, you know, the Court is not 1-9-06 ~ 56 1 necessarily endorsing this man's business. We're not 2 endorsing drinking wine. We're not endorsing a Boardwalk or 3 anything -- you know, anything else, so I move Łor approval. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: Motion made and seconded for approval 6 of the agenda item. Any further question or discussion? 7 COMMISSIONER NICHOLSON: Judge, I'm -- I'm impressed 8 that the C.V.B. is a part of this, and I want to say to 9 Ms. Burditt that I have a lot of value for the work your 10 organization does. 11 MS. BURDITT: Thank you. 12 COMMISSIONER NICHOLSON: Sometimes I'm critical of 13 local organizations, so when I see one that's doing a really 19 good job for our community, I like -- like to acknowledge 15 that. So, thank you for your work. 16 MS. BURDITT: Thank you. 17 JUDGE TINLEY: Just another way to try and get some 18 outside dollars into this area and benefit local projects, and 19 hopefully it will continue the flow of other dollars. Any http://www.co.kerr.t~c.us/commcrt/minutes/2006/010906cc.txt 5/5/2006 Page 51 of 117 20 further question or comments? All in favor of the motion, 21 signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: A11 opposed, same sign. 24 25 r. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 (No response.) JUDGE TINLEY: That motion does carry. At this 1-9-06 57 time, I will recess the Commissioners Court meeting, and I will open a public hearing, that public hearing having been scheduled for 10 o'clock. (The regular Commissioners Court meeting was closed at 10:07 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: It's approximately 7 or 8 minutes after that time now. That public hearing being concerning regulatory signs in various locations in Kerr County; specifically, setting speed limits on Peterson Farm Road at 35 miles an hour, Hermann Sons Road at 45 miles an hour, Lane Valley Road at 95 miles an hour, and regulatory signs as follows: At George Muck, a stop into Loyal Valley, and Marilyn, a stop into Greenwood. Is there any member of the public that wishes to be heard with regard to these regulatory actions proposed to be taken by -- by Kerr County? Any member of the public that wishes to be heard? (No response.) JUDGE TINLEY: Seeing no one stepping forward, I will close the public hearing concerning regulatory signs in Kerr County, and I will reconvene the Commissioners Court hearing. http://www.co.kerr.tx.us/commcrt/minutes/2006/010906ca.txt 5/5/2006