1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Special Session Monday, December 22, 2008 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: PAT TINLEY, Kerr County Judge H.A."BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 BRUCE OEHLER, Commissioner Pct. 4 'aO 4 ---~ 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X December 22, 2008 --- Commissioners' Comments 1.1 Consider/discuss and approve, in compliance with Local Government Code Section 151.001, authority to appoint a deputy Constable in Precinct 1, effective January 1, 2009 Consider/discuss, take appropriate action on presentation of Application Under Oath of Officer to the Commissioners Court for appointment of deputies (Treasurer) 1.5 Consider/discuss, take appropriate action on presentation of County Treasurer's monthly report for November 2008 for examination and acceptance 1.10 Consider/discuss, take appropriate action to authorize County Auditor to send out a letter to all school districts requesting their population census in order to refund the funds remaining in the Kerr County Divide Permanent School Fund in accordance with the determination of those funds by David A. Anderson, General Counsel, Texas Education Agency; authorize payment of said funds 1.2 Consider/discuss, take appropriate action to approve purchase of a 12-passenger van from Caldwell Country Chevrolet 1.15 Consider/discuss, take appropriate action to accept a sub-grant for fiscal year 2008 Homeland Security Grant Program from the Division of Emergency Management 1.3 Presentation by Kerrville/Kerr County Airport Board regarding storm water infrastructure and taxiway relocation project 1.8 Consider/discuss, take appropriate action regarding Application Under Oath of Officer to Commissioners Court for appointment of deputies for 2009-2012 term of office (Tax Assessor/Collector) PAGE 6 6 7 8 10 12 13 14 17 41 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X (Continued) December 22, 2008 PAGE 1.9 Consider/discuss, take appropriate action on all elected and appointed officials' bonds 42 1.16 Consider/discuss, take appropriate action on update to the Court on progress made in first quarter of budget year in the Kerr County Indigent Health Program 1.6 Public Hearing concerning final revision of plat for Lots 46-A & 47-A of Cypress Springs Estates Phase I, Precinct 4 1.7 Consider/discuss, take appropriate action on final revision of plat for Lots 46-A & 47-A of Cypress Springs Estates, Phase I, Precinct 4 1.19 Consider/discuss, take appropriate action to appoint or reappoint members to the Board of Commissioners for E.S.D. #2 1.17 Consider/discuss, take appropriate action regarding health insurance 1.18 Consider/discuss, take appropriate action on H.R. capital loan 1.20 Consider/discuss, take appropriate action regarding Applications Under Oath of Officers for deputies of each elected and appointed official 1.12 Presentation by Dean Danos, Deputy Director AACOG on proposed Alamo Regional Transit (ART) routes in Kerrville/Kerr County 1.14 Consider/discuss, take appropriate action on joint agreement between Kerr County and City of Kerrville with the Normandy Group for governmental relations assistance to obtain federal government funding or other assistance for economic development projects, and projects, installations, infrastructure, and/or facilities needs for Kerrville and Kerr County 1.13 Consider and discuss proposed agreement between Kerr County Historical Commission and Schreiner University 44 49 50 51 51, 102 53 58 73 84 4 1 2 3 4 5 6 7 I N D E X (Continued) December 22, 2008 PAGE 4.1 Pay Bills 102 4.2 Budget Amendments --- 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 103 5.1 Reports from Commissioners/Liaison Committee ', Assignments 103 5.2 Reports from Elected Officials/Department Heads 110 Adjourned 115 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Monday, December 22, 2008, at 9:00 a.m., a special meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Good morning, ladies and gentlemen. Let me call to order this regularly scheduled meeting of the Kerr County Commissioners Court posted and scheduled for this time and date, Monday, December 22nd, 2008, at 9 a.m. It is that time now. If you would please rise and join me in a moment of prayer, followed by the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you. At this time, if there's any member of the public or audience that wishes to be heard on a matter which is not a listed agenda item, feel free to come forward at this time and tell us what's on your mind. If you wish to be heard on an agenda item, we'd ask that you fill out a participation form. They can be found at the back of the room. I think there are some there. If there are none there, or if you just fail to fill one out and we get to an item that you wish to be heard on, get my attention in some manner; I'll see that you have the opportunity to be heard on that item. But right now, if there's any member of the public that wishes to be heard on any matter that is not i2-2Z-os 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a listed agenda item, come forward and tell us what's on your mind. Seeing no one moving to the front, we'll move on. Commissioner Baldwin, what do you have for us this morning? COMMISSIONER BALDWIN: You know, Judge, I don't -- don't have much to talk about. We'll get into some things a little later on in the agenda, but at this time, I don't have anything for you. JUDGE TINLEY: Commissioner Williams? COMMISSIONER WILLIAMS: Pass. JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: I'm just glad to be here today. JUDGE TINLEY: Commissioner Oehler? COMMISSIONER OEHLER: Not a thing, Judge. JUDGE TINLEY: Okay. Well, let's move right on into our agenda. The first item on the agenda is to consider, discuss, and approve, in compliance with Local Government Code Section 151.001, authority to appoint a deputy constable in Precinct 1, appointment to be effective January 1, 2009. Constable Lavender? MR. LAVENDER: Judge, Commissioners, good morning. That's what this is about, is to keep the County in compliance with Local Government Code 151, and authorize my deputy, so I ask you to do that. COMMISSIONER BALDWIN: I'll make the motion for approval, but I -- do we need a name? Do we need to put a is-22-os 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 name in there? MR. LAVENDER: Ray Garcia will continue in that capacity. COMMISSIONER BALDWIN: Probably not. I guess just -- just the deputy constable slot is what's we're looking for. MR. LAVENDER: That's what the code calls for. COMMISSIONER BALDWIN: Yeah. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Question or discussion on that motion? All in favor of that motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. We'll go to Item 4; consider, discuss, and take appropriate action on presentation of application under oath of officer to the Commissioners Court for appointment of deputies. MS. WILLIAMS: Morning. JUDGE TINLEY: Ms. Williams. MS. WILLIAMS: How are you? Yes, that was brought to my attention, along with the constable, that we needed to put this on the agenda to have the Court approve my chief 12-22-08 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deputy. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval. Question or discussion on that motion? All in favor of the motion, signify by raising your right hand. ~I (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. ~~ (No response.) JUDGE TINLEY: That motion does carry. MS. WILLIAMS: Thank you. JUDGE TINLEY: Don't run off. MS. WILLIAMS: Oh, okay. Get rid of mine at one time? JUDGE TINLEY: I'll call Item 5; consider, discuss, and take appropriate action on presentation of the County Treasurer's monthly report for November 2008 to Commissioners Court for the Court's examination and acceptance. Ms. Williams again. MS. WILLIAMS: Yes, sir. This -- when I was here at the last meeting, I had mentioned that I would try to get this one to you guys today, so this is the November report -- Treasurer's report. If there's any questions, I'll be glad I to answer them. COMMISSIONER LETZ: Do you have any idea on the -- 12-22-08 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the receipts, being the cash receipts? I mean, the taxes, are they up? Same as last year? Comparable? MS. WILLIAMS: They're about the same. It's a little bit slower. COMMISSIONER LETZ: Little slower? MS. WILLIAMS: Mm-hmm. We just got our first check from the Tax Office this month for November's receipts, because the tax statements didn't go out, you know, as timely as we had hoped they would. COMMISSIONER LETZ: All right. MS. WILLIAMS: But it's a little slow right now. COMMISSIONER LETZ: Okay. Move approval. COMMISSIONER BALDWIN: Second. COMMISSIONER OEHLER: Do you have any idea about the receipts of sales tax? MS. WILLIAMS: It's -- COMMISSIONER OEHLER: Is it up or down? MS. WILLIAMS: It's down a little bit, I believe. COMMISSIONER OEHLER: Okay. JUDGE TINLEY: We have a motion and a second for approval. Question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) 12-22-08 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: That motion does carry. Let's move to Item 8, if we might; consider, discuss, and take appropriate action regarding the application under oath of officer for the Commissioners Court for appointment of deputies for the 2009-2012 term of office. Ms. Bolin? She's not here yet. Well, we'll pass that item. Is Ms. Hargis -- yeah, there she is. Let's go to Item 10, if we might; consider, discuss, and take appropriate action to authorize County Auditor to send out a letter to all of the school districts requesting population census in order to refund the funds remaining in the Kerr County Divide Permanent School Fund in accordance with the determination of those funds by David A. Anderson, general counsel of the Texas Education Agency, in a letter of November 24, 2008, and authorize payment of those funds in accordance with the per-scholastic basis as outlined in that letter. Ms. Hargis? MS. HARGIS: I think y'all have a copy of the letter that -- that states basically that we have a checking account that we've had since 1985 that belongs to the school districts, and received a legal opinion that we need to divide that up between all the school districts. So, I just need your permission to do that. COMMISSIONER BALDWIN: Do you know what the division of funds amounts to? MS. HARGIS: Not till I get the population. It's 12-22-08 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about $27,000, is all it is. So -- COMMISSIONER WILLIAMS: And it's population-based? MS. HARGIS: Yes. COMMISSIONER WILLIAMS: Division of funds is population-based? MS. HARGIS: All the school districts in Kerr County. COMMISSIONER OEHLER: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. COMMISSIONER LETZ: Where do these funds come from originally, Ms. Hargis? MS. HARGIS: Apparently, they've been there since 1985. We couldn't find out where they came from. That's one of the reasons we needed to get a legal opinion. There is some school of thought that it may have been Divide School's money originally, but we have nothing to show that, and because it says "Permanent School Funds," a lot of the permanent school funds are sometimes set up for a special gift that may be given to the County to distribute to schools, and the County becomes the fiduciary person who takes care of that responsibility. But in this case, we can't find where it belongs. JUDGE TINLEY: Further question or discussion on 12-22-08 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. We'll move to a timed item for 9:10. Item 2; consider, discuss, and take appropriate action to approve the purchase of a 12-passenger van from Caldwell Country Chevrolet. Mr. Walston? MR. WALSTON: Yes, sir. Appreciate y'all having me this morning. I just wanted to bring to the Court final approval on purchasing this van. I did test drive it a week or so ago, and looks like it'll meet the needs we need by our Kerr County 4-H program. So, if y'all would like, it carries along with it a three-year, 36,000 mile bumper-to-bumper warranty, along with a five-year, 100,000 mile power train warranty. Let me give y'all the rest of it, in case -- that's not anything different, I don't think, Judge, than what you've probably seen. But... JUDGE TINLEY: You say did you test drive it? MR. WALSTON: Yes, sir. JUDGE TINLEY: And the -- you felt -- what's that new suspension system they got called StabiliTrak or something, that -- 12-22-08 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WALSTON: Yeah. It's -- I mean, as far as what I could tell, it -- I think it'll work fine. You know, until you get -- get it loaded down and -- and you can really tell then, I mean, but -- JUDGE TINLEY: Okay. But you feel like that'll take care of the needs? MR. WALSTON: I think so. JUDGE TINLEY: Good enough. COMMISSIONER BALDWIN: So moved. COMMISSIONER WILLIAMS: Second. i COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. MR. WALSTON: Thank you, sirs. COMMISSIONER BALDWIN: Thank you. COMMISSIONER LETZ: Thank you. JUDGE TINLEY: Let's move to Item 11; presentation of a rebate check from Buy Board in the amount of $1,037.75 for Kerr County's participation in that program. 12-22-08 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. HARGIS: I just wanted to bring this to the Court's attention. By all of us taking that little program with Buy Board, and more people using it, we received a rebate back from using this service, which it saves us time ', and money by not having to bid our products, and we can get I, them at a better price, so we do get a rebate. So, the more people that use it, the larger our rebate will be, so this year we got $1,000, which I thought was a pretty good check. '~, COMMISSIONER BALDWIN: Super. JUDGE TINLEY: No action needed on that item, is I there? MS. HARGIS: No, sir. JUDGE TINLEY: Kind of like the banker; if the money's coming in, we don't need anything special. Going out, it's a little different ball game; is that right? MS. HARGIS: That's right. JUDGE TINLEY: Okay. Thank you, ma'am. Let's move to Item 15; consider, discuss, take appropriate action to accept a sub-grant for the fiscal year 2008 Homeland Security Grant Program from the Division of Emergency Management. I put this on the agenda. We got a -- a deadline of January 9th to -- to confirm acceptance of that. It can be used for a number of various purposes. The Sheriff advised me that -- that my research indicating that is not necessarily correct. Do you want to come tell us why, 12-22-08 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sheriff? SHERIFF HIERHOLZER: This was a grant that the Sheriff's Department sought and applied for a number of months ago to assist the County in -- in replacing our car radios with radios that are capable of going digital. The total cost to replace all the County's radios is about 180,000. This is a 90,900-something dollar grant that we sought seeking to help this year replace half of those radios, and that's all it -- it will cover, is those radios. COMMISSIONER OEHLER: So, next year you'll reapply again for the other half? SHERIFF HIERHOLZER: That's our intention. We're getting word that, because of the economic or government, next year it may end up having to be a matching grant. I don't know. But either way, it's -- it's assisting the County greatly in paying for that high cost. COMMISSIONER LETZ: With this, then, at least half of the -- of your deputies will be able to communicate with the city police? SHERIFF HIERHOLZER: These radios are going in the patrol deputies' cars. They will be able to if they switch over to the P.D.'s channel, okay? You have to actually change the channel. If they're on our regular channel, since ours is analog, the scanning won't pick that up. They'll have to switch over to theirs, which is going to be digital. 12-22-08 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: So, this gets the radios compatible, but not our system. SHERIFF HIERHOLZER: No. To get our system compatible, we're still looking at right at a million dollars. COMMISSIONER WILLIAMS: Right. COMMISSIONER BALDWIN: Rusty, this is 90,000? This grant's 90? SHERIFF HIERHOLZER: 90,000. COMMISSIONER BALDWIN: And what's the cost, 110? SHERIFF HIERHOLZER: 180 total. COMMISSIONER BALDWIN: 180, I see. Okay, I misunderstood. Thank you. COMMISSIONER LETZ: Do we accept this, Judge? What I do we -- COMMISSIONER WILLIAMS: Move acceptance. JUDGE TINLEY: Yeah. And I think it would be appropriate to authorize me to sign necessary documents, along with Ms. Hargis as the finance officer, in connection with it. COMMISSIONER WILLIAMS: Move acceptance and authorize the County Judge and the Auditor to sign the appropriate documents. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for 12-22-08 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval as indicated. Question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's now move to a timed 9:15 item, Item 3. This will be a presentation by Kerrville/Kerr County Airport Board regarding stormwater, infrastructure, and taxiway relocation project. Commissioner Williams? COMMISSIONER WILLIAMS: At the request of the Board Chairman Bobertz, I placed this on the agenda. The Court is familiar with the quarterly reports, the first of several quarterly reports, we anticipate, and it was very concise and very thorough, and appreciate that very much. So, we've asked the Airport Board to come talk to us about what's going on out at the airport. It's been commonly known as a taxiway relocation project, but the reality of the matter is that it's much more extensive than just that. So, with no further ado, I'll ask Mr. Bobertz and the Airport Manager, Mr. McKenzie, to tell us what's going on. MR. BOBERTZ: Thank you Commissioner. Judge, Commissioners, appreciate this opportunity to come and talk to you a little bit about our airport, what's going on. What 12-22-08 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we want to do today is explain to you what's going on now, what's coming up, how much is it going to cost, and why is our airport worth all that money, which is a good bit. I'm accompanied today by one of my board members, Mark Cowden. Fred Vogt said he was coming, but is obviously otherwise detained. Two other members have chosen to spend this week with their out-of-town families. I don't really understand that, but that's what they've done. (Laughter.) So, also, thing. So, what we're here today to do is explain to you those things; what's going on, what's coming up next, how much it's going to cost, and why are we worth all that money. And why we did this in the first place was, we had an invitation from Guy Overby at the economic -- Economic Development Foundation to make such a presentation to their executive board, and Judge Tinley has actually sat through this once already. Hope you can stand it twice, Judge. We'll do our best to make it entertaining. So, we did it for them, and in the process of doing that, I -- I mentioned to Commissioner Williams that we were doing it; would the Commissioners Court perhaps be interested in seeing what we told these other people? And he said yeah, but let's see what you said to the executive council first -- or executive i2-22-os 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 committee. I think that was a very wise move, Bill. So, I consulted with Judge Tinley afterwards, and he said yeah, this would be a worthy thing to do, so we're doing it here today. We have a parallel invitation from City Council in early January, so we'll be showing to it them as situation. We're not making any advocation of what's to be done. We just want to highlight what we see as the realities of the situation, and hopefully when the debate begins about coming up with the extra money, everybody will be operating off the same set of base information. So, without further ado, here comes what's going on at the airport. This is our new terminal building, and we thank the and Bruce's office is in the far right corner, so if you're ever out at the airport, stop by and see Bruce and he'll explain to you what's going on, and if you like, give you a tour around. But this is a very important front door for Kerrville and Kerr County, and it says Kerrville/Kerr County Airport up there. The people who come in in their own aircraft, they're kind of the movers and shakers of the world, and they're important to our economy for the things and potentials that they bring with them. So, that's the -- for the Court, here's an orientation view of the airport. iz-zz-os 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Coming around the -- the top, you see the river. Flat Rock off. We also have a second runway, 4,000 feet long, running perpendicular to that, which is really handy when the wind isn't right for landing and taking off. So, that's what the airport looks like now. It's under construction. Here's what's going to happen. As Bill mentioned, we originally started with the concept of relocating the taxiway. F.A.A. standards for an airport -- that's Federal Aviation Administration standards for an airport serving the types of aircraft that ours -- the larger ones that our airport serves, the business jets, their requirement is a 400-foot separation between the taxiway and the runway. Currently we have 250 feet. So, the need was to move that taxiway, the black stripe you see down there, 150 feet further to the right to where the dotted black line is, and that was the original concept. We approached TexDOT, who gets F.A.A. grant money and they, in turn, redistribute it for purposes like this, for the project to relocate that taxiway. They came out and looked it over and said, "Hey, you guys got a bigger problem than just this taxiway; you have an erosion problem." And Bruce can give you lots of iz-zz-os 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 testimony about that if you want, because in his previous life, Bruce was superintendent of the Streets Division for the City of Kerrville, and he's the guy that had to come out and fix the taxiway and the runway as the erosion problems The way things work out there, because of the terrain -- you see the blue arrows on the right; that's high ground. And if it ever rains here again, the rain will come down off that -- off that high ground across the airport and out to the river. We have drainage in place now, drainage facilities that try to take care of it, but they're completely inadequate for heavy rains. So, what happens is, the -- the water comes down from the right onto the airport property and crosses the property. Some of it stays on the surface, and that causes some headaches, but the real headaches are caused by the water that percolates down through an overburden of about 3 feet of earth, down to a rock ledge, a rock layer. The water stays on top of that rock layer 3 feet down and migrates under the taxiway, under the -- the runway, and under the highway, all the way out into the river, and it erodes beneath the surface, and that causes potholes, cracks, uneven surfaces, and things of that nature. We've actually had one business jet break through that taxiway in the not too distant past because of that erosion. 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 So, the project that we're -- that's underway is to take care of an erosion problem by producing a much better drainage infrastructure than we have in place now, and relocate the taxiway. What you see here is some of the work in progress. This area right here is the intersection of the main runway, which you can see the bottom of the picture, and the short runway, which has been sliced off, running off the -- the upper left-hand side. So, then -- slow down, Bruce; you're getting ahead of me. MR. McKENZIE: I'll back up. MR. BOBERTZ: The area you see with the whitish the contractors encountered a very dense rock layer, so dense that they couldn't break it up with mechanical equipment, and had to resort to blasting. The blasting is done. It was not particularly spectacular. It involved fracturing the rock, and I think Commissioner Williams was actually present for one of the blasts, which was, I'm told, sort of a dull thud followed by a little bit of dust, and that was it. But it did fracture the rock and enable them to get it out. So, what they're doing there is moving a lot of dirt to create the proper profile to enable the drainage to take place to run this way on the -- on the picture you see there, past the Mooney factory, under the runway, under the highway to Mooney, out into the spillway into the creek, and that'll run is-zz-os 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it into the river. So, that's the big drainage effort going on. We're having to move -- I think it's 209,000 cubic yards I there parallel to the top and bottom of the picture? That separates what's now known as Phase 1, the upper part where you see all the work being done, from Phase 2, which is the lower part. TexDOT came in and did all this engineering to survey what needed to be done, and they said, "Okay, this is going to be a $14 million project, all told, and if it's okay with you folks," TexDOT said, "we'd like to separate that into two phases." Because they don't have all that much money to spend on this. Their -- I think their annual budget for things like this is in the vicinity of $20 million. If they did this all at once, we being one of roughly 400 general aviation airports in Texas, would consume a huge part of their budget. So, they proposed two phases, one originally designed for fiscal '08, which is what's being done now, and the second part, fiscal '09, which is what was this Phase 2, which the first phase is 6 million; second phase is 8 million. They came back to us subsequently and said, "Hey, we'd really like to defer Phase 2 into fiscal 2010, if that would be all right with you folks." And we agreed to that. lz-z2-oa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 So, Phase 1 is fully funded. It's a 90/10 grant that was -- was estimated at 6 million; it came in at 5.06, the low bid. We put up 600,000, which all came from the Economic Improvement Corporation. We have 100,000 -- obviously, because of the lower bid, 100,000 in excess, which is being held by TexDOT for use as a contingency fund. The second phase, $8 million, TexDOT money is committed. The 800,000, 10 percent match on our end is not yet committed. I neglected to mention also, you see the blue dotted line there on the -- just in front of the blue arrows is where you have to relocate the Airport Loop Road as part of this project too. That's where the new loop road will be going. Okay, back where we were, operator. Isn't he good? I couldn't do that. This is where that 209,000 cubic yards of dirt is going. It's up in the northeast corner of the airport. We're going to make a nice, smooth mound out of it, and grass will be planted on top of it, and we're going to -- it'll look just fine. Big pieces of rock coming out -- we like to show this picture. It's a fun -- trucks and rocks and things, and Bruce really enjoyed that part. This is some of the old drainage equipment taken out in the forefront, those 12-inch diameter pipes which were part of the inadequate prior drains -- drainage system. These huge things are 8 feet across, and looks like about 3 feet high. Those are the new drainage boxes, I call them. There's iz-a2-os 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably a better term. Those are being installed now. More pictures of the big boxes. These are larger diameter drainage pipes which will run parallel to the shorter runway on both sides, empty into the main drain, and which will run under the -- the road to Mooney and out into the spillway into the creek. That's the collection box for those. Here's some of the big boxes being installed. If ', your eyes are really sharp, up in the upper right-hand corner, you can see a 1930's or '40's vintage aircraft taking off. In spite of that appearance, this is a very recent picture. Here's what those big boxes look like installed. Two of them, you know, running parallel, so we have two 8-footers, 16-foot wide drainage system running under the second runway parallel to the main runway, under the road and out into the spillway into the creek. From this point towards me -- toward us, that's going to be an open ditch to handle the drainage. Okay. That's what's going on, and what's coming up. Now let's talk a little bit about the aircraft based here, and why our airport is important, why it's worth all this money. Some of this may come as a surprise to you. We have over 180 aircraft based at our airport. Six of those are corporate jets, six of them are helicopters, and I prefer to think of the remaining 170 or so as proper aircraft, like this Mooney on the runway. One of the 180-plus aircraft is 12-22-08 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 near and dear to my heart. We average 164 take-offs and landings every day. Multiplied by 365, that comes out to pretty close to 60,000 take-offs and landings every year, and 80 percent of that is transients. 80 percent of those aircraft taking off and landing are not resident at our have corporate jets, aircraft based here. I'd like to tell you the names of the companies, but they're not very anxious for me to do that for their own security reasons, but a major convenient, and, in fact, just more convivial to operate out of Kerrville than to operate out of San Antonio. We'd like more of that to happen, because when one of those guys stops by or is based here, several good things happen, one of which is fuel sales, but I'll get to the others in a minute. The airport collects 9 cents a gallon for every gallon of fuel sold at our airport, and that fuel flowage fee is an important part of our revenue generation. If you see the list of notable frequent visitor aircraft, Lowe's, H.E.B., McCoy's, Hastings, several banks. Last, but not least, ESPN, the sports news network. The reason they're on the list is, one of their principals owns some land in this vicinity, and we have heard that individual speaking 12-22-08 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 glowingly about coming to the Kerrville airport. He finds it a very friendly and useful place to visit. So, that's the So, they surveyed -- I think it's 234 airports in Texas. They used a consultant called Wilbur Smith and Associates to do that, but it's a TexDOT study, and we just lifted out of that 200 -- list of 284, some in our general vicinity. You see the names of the airports on the left. On the right, you see something called total output, total impact on the local community coming from these airports. And you'll see on that list, nobody even gets to half of what Kerrville is. Now, obviously, the big reason for that is Mooney and its pre-hibernation state. If they took Mooney out of that picture, that number would go down by more than half on our account; we'd start to look like the rest of them. But Mooney is here, and we hope Mooney comes back as it has so often in the past. But that picture is taken -- I' m not done yet, Bruce. We need a clicker or something. On past that one -- here we go. This study was done in -- I think it was published in 2006; it used 2005 data, so that's a snapshot taken at 12-22-08 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that point in time, and that's how things looked. We came out number 8 of 234 airports listed on that, so that puts us in the top 4 percent in terms of total output. That's a huge economic engine. To give you an idea, some of the ones that outranked us, Alliance Airport in Fort Worth is not -- has no scheduled airliner service, so it's a general aviation airport. Addison near Dallas, and Lone Star Executive near Houston, those are all big-time operations, and that's the company we're in because of our economic output. Okay, click. Another interesting statistic coming out of this study, you see there the third column from the left, estimated true transient arrivals, 7,865. A true transient is an airplane that comes to our airport that started more than 150 miles away from our airport. You may recall that ~ definition of an expert. But, anyway, those are true I II transient aircraft coming to our airport. They dropped off 19,000 visitors, and those visitors produced 14,000 hotel nights, and they spent $11 million in our local economy for room, board, and sundries. These are all ratios developed by this consultant based on traffic numbers, but they're tried and true, so we believe the numbers are reasonably reliable. These -- these pictures are taken at our airport of jets who are here. Direct employment at our airport, 509 jobs. Based on Mooney's hibernation state, you need to take 300 out of direct employment. Secondary employment, those 12-22-08 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 jobs created in relation to other kinds of services for those folks who want to spend their salaries in our economy. So, the total employment impact, based on this snapshot taken in 2005, is 933 jobs. Big-time operation. If your eyes are close enough, just a little aside here, that aircraft that you see, the tail number's N200AP. That aircraft plane is a frequent visitor to our airport. It's not based here, but it spends lots of time here overnight and things. This "AP" is celebrity value, I think, once you know that, so keep your eye out for it. It shows up from time to time. Payroll. Again, 2005 snapshot. $19 million direct payroll at our airport. Secondary payroll for those jobs created is 14 million. Total payroll produced, $34 million. A real significant impact in our local economy. The output numbers, again, based on payroll and other things, money spent, and you can argue even the way some of those output numbers were put together. The big number for Mooney is Mooney's gross sales. Well, that's not really economic value added by Mooney; it's Mooney' s gross sales, but the -- all the other airports that were measured the same way, so the relativity, I think, is still appropriate. We are a big-time operator in the Texas general aviation economy. 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 Here's something I think is really interesting. It costs about $600,000 to operate our airport every year. Now, that's -- as I mentioned in the prior discussion before the Judge and the executive council, most of that is Bruce's salary. (Laughter.) We have a few hundred bucks left over to mow the grass and change the light bulbs and things. But $600,000 to operate and maintain the airport, excluding capital improvement, like the big project underway, for example. Airport produces revenues from leases and fees of about $200,000. Part of that's the fuel flowage fee I mentioned. We lease land to people. We lease office space, and we have a couple of buildings that are currently available for lease. That leaves a deficit of $400,000, and under the interlocal agreement, that deficit is made up by the City and the County. But the -- the little known fact here is that this airport generates about $400,000 in tax revenues. Part of that, the big part of it, comes from ad valorem taxes on these guys like you see in the picture. The large aircraft who are based here are paying ad valorem taxes on the value of the aircraft, those that are in business. Such taxes are not collected on privately owned aircraft, but on business-owned aircraft, they are. So, the tax revenue based generated by the City and the County is about $400,000, making this a wash. Net cost to the taxpayers is zero. And, 12-22-08 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 revenue from leases and fees is probably going to be fairly stable. But in 2007, actually, the revenue from leases and fees was significantly higher than $200,000, and the tax revenue generated by the City and County probably was higher, too. So, this is a good way to get -- sort of have an for which we need to produce $800,000 between the City and the County for fiscal year 2010. You're probably wondering, what happens if we don't do that? Well, if we don't, TexDOT and the Federal Aviation Administration will consider that we have reneged on a deal. They came to us with a proposal for a $14 million project; they split it into two pieces. We've met the first piece. And I think, because of passage of time and other things, the idea that this is all part of one project may have become a little bit blurred in some people's mind, but it is part of one project. So, they'll see us as reneging if we don't come up with the matching funds. And if they do come to that conclusion, then possibly costly penalties are possible. They're not very i2-aa-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 if they chose to do it, would be to say, "Okay, you guys reneged. Give us the four million bucks back that we spent on Phase l." Or they would be equally entitled to say, "Not only that, we want you to give back all the money we ever spent on your airport." That would bring the tab up to over $25 million. Neither of those is really likely to happen. They wouldn't see that as a responsible action, I think, on their part. But because we did back down, and because this is a very competitive world we live in, getting these grant funds from TexDOT, future funding for our airport would very likely dry up from that source. We don't want that to happen. So, those -- that's the -- that's sort of the challenge we face. So, the airport's very important. It's very important to our local economy; it's very important to our local business. It's an important strategic development asset. The economic development strategic plan that was recently produced pointed to our airport as a unique development asset in this area. TexDOT sees us as an important -- as an important airport, and they are willing to make this huge commitment, 90 percent grant. Our 10 percent is equally huge; it's going to be very difficult to come by; I know that. There's bound to be some debate on it, and our real interest today is to sort of lay out this landscape of iz-ZZ-os 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 information so that everybody's sort of working off the same base of information. Our real goal is to keep these guys flying. We want aircraft like these two to keep seeing our airport as a good place to come, because they do good things for us. So, with that, we'll be happy to answer any questions you may have about the airport. Bruce is going to take care of all the hard ones. Any questions, gentlemen? JUDGE TINLEY: You had mentioned that a portion of the revenue stream for that airport comes from the tax base that is created by the basic -- or the basing of business aircraft. One of those corporate jets, such as the one we're looking at there, what does that go on the tax rolls for, just to -- at what dollar value, just to give these folks an idea of what kind of money it generates? MR. BOBERTZ: Well, what does it cost to buy one of those, Bruce? MR. McKENZIE: The aircraft on the right is a Citation, and new, that aircraft is about $6 million. The one on the left is a G-2, with a -- actually, it's a G-2 with a G-3 wing on it, but that aircraft new costs about $30 million. The one that's just rotating, that's the type of aircraft we're talking about. MR. BOBERTZ: "Rotating" is taking off. Airplane talk. 25 ~ JUDGE TINLEY: Also, when it comes to general 12-zz-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 ~', aviation facilities, you indicated we hold a pretty high priority with TexDOT Aviation. What -- what portion of the total TexDOT Aviation budget have we been a recipient of? MR. BOBERTZ: Well, they have about $20 million, our understanding, to distribute among the general aviation airports. This year we're getting 25 percent of that. And we're going to -- the total number's about 400. This study looked at 234, so we're -- we're getting a very large portion of it. In 2010, if it stays at 20 million, we'll be getting almost a third of it. Future years -- these are unusual years. We still -- we get routine grants from them every year of how much? MR. McKENZIE: 50,000. MR. BOBERTZ: 50,000. COMMISSIONER WILLIAMS: RAMP grant? MR. BOBERTZ: Yeah, RAMP, routine airport maintenance stuff. But we do get -- even in the nonspectacular years, we are getting our fair share of that. JUDGE TINLEY: The point is, out of as many airports -- general aviation airports that there are in Texas, TexDOT is putting a whole lot of eggs in this basket right here. MR. BOBERTZ: You bet they are, yes. We're happy about that, and pleased that they understand things the way they do. 12-22-08 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: One of the things, Roger, that wasn't mentioned with respect to the infrastructure, stormwater takeoff part of the project was the corrective aspects of that project to the Mooney Aircraft factory itself. MR. BOBERTZ: Yes. COMMISSIONER WILLIAMS: Now, while you mentioned that Mooney's in hibernation, and that's a pretty good way to put it, we hope they wake up one of these days. MR. BOBERTZ: We hope so too. They've made some noises like they're going to, but -- COMMISSIONER WILLIAMS: If anybody had ever been in that building -- or some of those buildings during a major rain event, you would have experienced water two or three inches deep on the floors -- MR. BOBERTZ: Yes. COMMISSIONER WILLIAMS: -- inside that manufacturing facility. Some of that area was where they did welding. Not exactly a -- a safety-type measure. And so all this corrects that. MR. BOBERTZ: Yes. COMMISSIONER WILLIAMS: Takes that water out of that building and takes it down to the creek into the river. MR. BOBERTZ: Good point. Thank you. COMMISSIONER LETZ: Roger, what -- aside from the is-aa-os 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $8 million continuation of the final part of this project, is a -- a fire suppression water supply issue, which affects the leasability of the two buildings I mentioned in passing, and a good bit of the vacant land at the moment. The problem is, current fire code requirements are that we produce a water flow of 1,500 gallons per minute for an hour on that -- that whole area. Our current capacity is about 900 gallons per minute for an hour. We need larger diameter pipes for part of it. We need -- at the moment, we have two water lines running out -- one runs parallel to Highway 27; one runs parallel to that access road. They're not connected. They're both separate. By connecting those two, we'll bring our water flow up to close to what the minimum requirement is; not completely, but close enough to work with it. And that's, round numbers, $400,000. But we see continuation of this project as so important, we've sort of eased that one back into the background, but that's another major infrastructure improvement that's needed out there to make the land leasable. COMMISSIONER LETZ: On that topic, before you go off that, Roger, I might add that the -- the reason for that is no one's fault. It's an unfunded mandate. The fire code changed nationally. I don't know who does that; someone up 12-22-08 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in Washington, I presume. But they raised the standards, and definite economic value, too. If we did this, and if we -- you know, unlikely, surely, but, you know, this order of magnitude thinking if we were able to do this and subsequently lease all of the land inside that -- that fire protection loop, Bruce and I did some fast, back-of-an-envelope arithmetic one day and came up with a lease revenue of about $175,000 a year on that land if we could lease it with the proper fire protection. So, it's -- there's a real economic payback for that, but money's tough. JUDGE TINLEY: If you wouldn't mind, for the members of the audience that are here, give us the roster of your entire board, and tell us something about each of those individuals serving on the board. I think it would be interesting to these folks. MR. BOBERTZ: All right. First of all, Mark Cowden is here with us today. Mark is a relatively new addition to the board. He was approved by the Court and the City Council. Mark is the General Manager and vice president of a 12-22-08 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 local bank, and he's been very active in civic affairs and economic development activities in Kerrville for some time. And I'm sure many of you know Mark already, but we're delighted to have him on board. Another recent addition is Tom Moser. Tom is a very well-respected figure in the aerospace industry. He's a retired executive from the engineering side of NASA, and has done consulting work in his post-retirement life, and been a member of an organization that was the Texas Aeronautic -- Aeronautical Commission or something like that. COMMISSIONER WILLIAMS: Right. MR. BOBERTZ: Which was roughly analogous to the economic development foundation here in Kerrville. It was an advocacy group. So, Tom is very well respected there. Some of our longer-toothed members, Fred Vogt. Fred is a retired navy fighter pilot, and achieved the responsibility of air boss on an aircraft carrier, which is no small accomplishment. When he retired from the Navy, he went to work for the State of Tennessee, State Department of Transportation, Aviation Division, and when he refired from that position, he was the director of the Aviation Division. So, Fred brings to the -- to our work a very thorough knowledge of the government side of general aviation. He also worked as a consultant following his experience with the State of Tennessee, so very well versed in all of that. Our lz-aa-os 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vice president, Steve King, is a -- how would you describe Steve? Well, a local entrepreneur. COMMISSIONER WILLIAMS: Entrepreneur here in the MR. BOBERTZ: Yeah. Steve is also very active in the affairs here in the city and county, and has been a big help in that regard. I'm the -- mostly because nobody else wanted to do it, I was elected president of the board about a year ago, and I'm also retired. I worked for Scott Paper company before I retired, and my credit card said "executive" on it, so that's what I tell everybody I was, but mostly I just wrote memos and worried. Part of my job. And it was a great comfort to me to know that whenever things got really rough, all I had to do was remind myself all I was doing was helping to make toilet paper. (Laughter.) And that's a good business to be in in times like this. MS. WILLIAMS: Any time. MR. BOBERTZ: That' s right. So, that's our board. Airport Manager when Dave Pearce resigned to go on to grander i things, and Bruce, in his roughly one year as interim manager, walked in there having a good idea about all the drainage problems we had. Since that time, he's mastered a huge array of information and knowledge, and we were just absolutely delighted to be able to talk him into becoming iz-z2-os 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 our, so to speak, permanent Airport Manager. Took the "interim" off his title, and Bruce is serving us very well, and we're delighted that he's there. COMMISSIONER LETZ: Let me add one thing to that, which was kind of passed over, but every member of the board has aviation and business experience, or aviation and government experience, or -- and almost all of them are pilots. I guess they -- probably all five are pilots. And I think it's -- we're really fortunate to be able to get together a group that have people like Roger, who's retired here, who brings in -- and Fred has outside experience in other areas, and people like Mark, who is a local Kerrville resident all his life. And I think that, you know, we really are -- have been able to put together and assemble a board that's phenomenal, and one of the reasons I think the airport's progressing as rapidly as we are right now. MR. BOBERTZ: Thank you. We're all pretty excited. COMMISSIONER WILLIAMS: Yeah. JUDGE TINLEY: Any member of the audience have any questions in connection with our airport or this presentation? Thank you very much. COMMISSIONER WILLIAMS: Thank you. MR. BOBERTZ: Thank you, Commissioners. JUDGE TINLEY: Thank you for coming here. Thank you and other members of your board for your service. Bruce, i2-22-os 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we appreciate what you're doing. MR. McKENZIE: Thank you. JUDGE TINLEY: We appreciate that. MR. BOBERTZ: Thank you very much. JUDGE TINLEY: Tremendous, tremendous economic generator out there. MR. BOBERTZ: You bet it is. JUDGE TINLEY: Okay. Let's move to Item 8, if we might; consider, discuss, and take appropriate action regarding application under oath of officer to the Commissioners Court for appointment of deputies for the 2009-2012 term of office. Ms. Bolin? ', MS. BOLIN: This is -- first off, good morning, gentlemen, and Merry Christmas. This is a requirement, so that when I get sworn in on the 1st, I have to reswear my deputies. It's a formality. All positions remain the same. Nothing's changed from our last meeting. COMMISSIONER LETZ: Move approval. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Question or discussion on the that motion? All in favor of that motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. 12-zz-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 (No response.) JUDGE TINLEY: That motion does carry. MS. BOLIN: Thank you. JUDGE TINLEY: Let's go to Item 9, if we might. Consider, discuss, take appropriate action on all elected and appointed officials' bonds. Mr. Emerson? MR. EMERSON: Judge, I think the best thing I can say about that is, Jeannie and Jannett have been working very diligently to get all those bonds approved, and last I heard, they were all in the system, subject to the Court -- for the Court's approval. Now, I don't -- MS. HARGIS: They're all here. MR. EMERSON: So, they're all present. MS. PIEPER: Just been handed them. MR. EMERSON: Yeah. We would respectfully request to approve and accept the bonds for elected officials and appointed officials. JUDGE TINLEY: Okay. The deputy clerk has given me 12 bonds, as follows: Linda Uecker, District Clerk; H.A. Buster Baldwin, Commissioner, Precinct 1; Jonathan Letz, Precinct 3 Commissioner; Mindy Williams, Kerr County Treasurer; David Billeiter, Justice of the Peace, Precinct l; John Lavender, Constable, Precinct 1; Rex Emerson, County Attorney; Angel Garza, Constable, Precinct 3; Joel Ayala, Constable, Precinct 2; Robert Terrill, Constable, Precinct 4; 12-22-08 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and two bonds for Diane Bolin, who is the Tax Assessor/Collector. These are the bonds presented to me for approval; is that correct, Mr. Emerson? MR. EMERSON: Yes, Judge. COMMISSIONER WILLIAMS: Move approval of the bonds. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the bonds as indicated. Question or discussion? MS. HARGIS: We want to include the Sheriff's bond, because it's a continuous bond that we didn't have to bring you a new bond for, but he's also included in that. JUDGE TINLEY: His is a rollover? Carry-over? MS. HARGIS: It's a rollover, carry-over bond. JUDGE TINLEY: And that's considered part of this list? MS. HARGIS: Yes. COMMISSIONER BALDWIN: And it requires approval? SHERIFF HIERHOLZER: It's -- unless the County Judge cancels it, it's automatically approved every time. COMMISSIONER BALDWIN: Uh-huh. We've got him. COMMISSIONER WILLIAMS: Is that an option? SHERIFF HIERHOLZER: I hope not. COMMISSIONER BALDWIN: Ask him. JUDGE TINLEY: How come someone just now told me this? lz-zz-oa 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SHERIFF HIERHOLZER: We didn't want -- COMMISSIONER BALDWIN: Too late, Judge. COMMISSIONER OEHLER: We can use that at budget time. JUDGE TINLEY: I could have used it a whole lot sooner than that. Any other question or discussion on the motion? COMMISSIONER BALDWIN: Are we going to include the Sheriff's in there? JUDGE TINLEY: Why don't we go ahead and include that, just so that -- I'd rather do something twice that didn't need to be done than not do it. COMMISSIONER BALDWIN: All right. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: I'll amend the motion to include the Sheriff in all the other bonds. JUDGE TINLEY: Further question or discussion? All in favor, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Okay, let me see where we go from here. Why don't we go to Item 16; consider, discuss, take appropriate action on update to the Court on progress made in the first quarter of the budget iz-zz-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 year in Kerr County Indigent Health Care program. MS. LAVENDER: Good morning, gentlemen. Just to -- a real quick review. In early September, the Court decided and in October we went to Austin for the training. And so you have in your packet a report, and I want Dawn to kind of tell you about what's happened with the office since she took over, and I think you'll be very pleased with where our MS. LANTZ: We've kind of narrowed down a little currently we have approximately 50 indigent clients on file, and also 19 jail indigents on file, where when I came in, it started at about 79. We were able to get a lot of those onto different programs, which they were unaware they qualified for, which do help them as far as medical issues, as far as getting health care besides with the County. So, hopefully, we will be helping those that do need the health care, as far as those that have just been using the program. COMMISSIONER BALDWIN: Would you tell -- I'm sorry to interrupt you, but would you tell me where we -- where we went from last year down to -- what was the numbers? i2-22-oa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 MS. LANTZ: Last year, what we paid out in November was $130,000, approximately, and so far in November, what they've paid out is 32,000. Now, as far as the billing's going, we still have some things that are going to be billed out in December which we're trying to catch up from October and November, but hopefully our numbers will go way down as far as what we are paying out in indigent health care. COMMISSIONER WILLIAMS: Wow, what a change from what it's been with the hospital. COMMISSIONER BALDWIN: Yeah, incredible. COMMISSIONER WILLIAMS: I note that the number of individuals on the program in your report in September, October, November, and December has reduced significantly. In addition to that, I assume, because of these savings that you've advised us about, not only has the number of claims -- claimants been reduced, but perhaps the number of claims that are eligible for reimbursement; is that correct? MS. LANTZ: Yes, sir. COMMISSIONER WILLIAMS: Okay, thank you. This reflects that, really. Good report. MS. LANTZ: Thank you. JUDGE TINLEY: Ms. Lantz, we also -- in addition to a reduction on the payout or expense side, have there not been some benefits derived on the income side? MS. LANTZ: Yes. 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 JUDGE TINLEY: Reimbursements? MS. LANTZ: Yes, sir. We're currently working on some reimbursements for some of the clients that did get Social Security. We are able to recoup up to three months back and up to a year back on some of those funds as well, and currently I'm in the process -- and I've only gotten 2,300, but I did get another check for 7,000 back this past Friday as recouping some of our expenses that we've paid out. JUDGE TINLEY: When they qualify for Social Security disability, then you can go back and recoup some of that that was paid during the period of time that it's retroactive to. MS. LANTZ: Yes, sir. COMMISSIONER WILLIAMS: I note you have two columns here. You have the regular indigent health care, and then you have the jail indigents. MS. LANTZ: Mm-hmm. COMMISSIONER WILLIAMS: So, the reality is, in the program, we take the total of those two, and that's -- that's the numbers in the program? MS. LANTZ: That's currently what we have in the program. COMMISSIONER WILLIAMS: Are there any unique or distinct differences in your approach to handling these claims from those who are indigent and incarcerated versus 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 others? MS. LANTZ: They are both -- both -- any indigent has the same qualifications they have to meet. They cannot have any income. Just because they're in jail doesn't mean they're indigent, and they can have outside resources. You know, they are still paying the bills; they get money into a commissary account, and that counts as income as well. So, the qualifications for the clients are the same as if you were outside, not incarcerated. COMMISSIONER WILLIAMS: Good. JUDGE TINLEY: Any more questions? MS. LAVENDER: We might also tell you that everybody that's on indigent health, that was on it at the time that we took over the program, we're in the process of reviewing, and the policy that you all adopted two weeks ago will go into effect the lst of February, and we're passing out copies of that policy to our current clients. And with my newspaper column in the coming week, we're going to be publicizing, with the help of the media, the new policy that'll be going into effect the lst of February, and we expect to see some significant changes also once that's in place. COMMISSIONER WILLIAMS: I want to add, unless you want to add it, that any of those -- any and all those policy changes are in compliance with current state statutes. 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 MS. LAVENDER: Absolutely. Yes, sir. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Okay. Any more questions for any of these ladies? COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: Thank you for your work. We appreciate it. At this time, it is 10 o'clock, so I will recess the Commissioners Court meeting at this time, and I will convene a public hearing concerning the final revision of plat for Lots 46A and 47A of Cypress Springs Estates, Phase 1, as set forth in Volume 7, Page 126 of the Plat Records, and located in Precinct 4 of Kerr County. (The regular Commissioners Court meeting was closed at 10 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: Is there any member of the public that wishes to be heard concerning the final revision of plat for Lots 46 A and 47 A of Cypress Springs Estates, Phase 1, as set forth in Volume 7, Page 126, Plat Records? Seeing no one seeking to be recognized, I will close the public hearing concerning the final revision of plat for Lots 46A and 47A of Cypress Springs Estates, Phase 1, as set forth in Volume 7, Page 126, Plat Records. (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court meeting was reopened.) 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 JUDGE TINLEY: And I will reconvene the Commissioners Court hearing, and we'll now take up Item 7; consider, discuss, and take appropriate action on final revision of plat for Lots 46A and 47A of Cypress Springs Estates, Phase 1, as set forth in Volume 7, Page 126, Plat Records. MS. HOFFER: Good morning. JUDGE TINLEY: Good morning. MS. HOFFER: Dent and Doris White would like to combine Lot 46A, which is 1.61 acres, and Lot 47A, which is 1.77 acres, making the revised Lot 46R-1 3.38 acres. The lots in Cypress Springs Estates, Phase 1, are served by a central water system and individual O.S.S.F. Lee Voelkel from Voelkel Engineering is here if you have any questions. If not, at this time we ask that you accept the final revision of plat for Lots 46A and 47A in Cypress Springs Estates, Phase 1, Volume 7, Page 126, and it's in Precinct 4. COMMISSIONER OEHLER: Move approval. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Question or discussion on that motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 (No response.) JUDGE TINLEY: That motion does carry. Let's move to Item 19 on the addendum, if we might. Consider, discuss, and take appropriate action to appoint or reappoint members of the Board of Commissioners for Emergency Services District Number 2. Commissioner Oehler? COMMISSIONER OEHLER: Yes. It's time to appoint -- or reappoint two Commissioners to the ESD Number 2. I move that we appoint Garland Reece and Perrin Wells -- that we reappoint them for three-year terms. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval as indicated. Question or discussion on that motion? All in favor of that motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. i (No response.) JUDGE TINLEY: That motion does carry. Let me call Item 17; consider, discuss, take appropriate action regarding health insurance. Due to lack of information -- some information that was to be presented in connection with this item, Ms. Hyde asked that it be passed, so we'll move to Item 18; consider, discuss, take appropriate action on H.R. capital loan. Mr. Emerson? 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 MR. EMERSON: Thank you, Judge. As I believe has been discussed in court before, the Court approved money last year, and we installed a teleprompter system to be used by County Court at Law and other courts as available. That system has very successfully been used, not only to arraign prisoners, but to plea out prisoners in the county jail, reducing transportation and multiple other costs associated with it, including security issues. It has come to our attention that the system will be much more efficient and can be utilized by District Court if we put in a second teleprompter system. The issue that, of course, arose was money, and my understanding is that Ms. Hyde, in working with Mr. Trolinger, has put together an estimated cost of approximately 20,000 to put in a second teleprompter system. Ms. Hyde had money. left over in the bond from last year that was already predesignated by the Court for I.T. use, software issues, and she was gracious enough to donate 20,000 of it to the new project. I believe what we need from the Court today is approval to spend that 20,000 or less for the new I.T. system. MS. HARGIS: I don't have 20,000; we only have 14. COMMISSIONER WILLIAMS: I couldn't hear you. MS. HARGIS: I don't have 20,000; I only have 14. JUDGE TINLEY: There's 14,000 remaining in the I.T. component of that capital project fund? 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 MS. HARGIS: Not 20. MR. EMERSON: I think what we need to do, then, is pass it, because Ms. Hyde was actually under the impression that she had about two and a half times this amount in her fund. So -- COMMISSIONER BALDWIN: I agree with your -- MR. EMERSON: -- I think we need to work this out before we come back to the Court. JUDGE TINLEY: Oh, yeah. Okay. COMMISSIONER OEHLER: Doesn't surprise me. JUDGE TINLEY: We'll bring that matter back. Why don't we be in recess for about 20 minutes. (Recess taken from 10:08 a.m. to 10:30 a.m.) COMMISSIONER BALDWIN: Okay, let's come back to order, if we might. We were in recess. We do have a 10:30 timed item, and I will call that now. Item Number 20 on your second addendum; consider, discuss, and take appropriate action regarding applications under oath of officers for the deputies of each elected and appointed official. ', MR. EMERSON: Judge, this is the same issue that's been presented by three previous officials. What I tried to do is put together a generic issue that everybody can bail in under the same one to save time for efficiency. I have an application in, Ms. Uecker does, and the Sheriff does. And 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 I'm not sure what other elected officials -- MS. PIEPER: I do too. MR. EMERSON: -- have submitted -- Jannett? The from -- from '84 to '86, there was a major war brewing in a lot of the counties between the elected officials and the Commissioners Court over -- specifically over authority over their individual employees. And what the Legislature did in '87 was jump in with this statute. Well, if you look at the statute, it's essentially all the requirements of budgeting; it's what we already do. The only difference is that under this one, the application has to be sworn to. So I think we can remedy that in the future. If every elected official will just swear to their request for budget, it'll take care of it, 'cause it will address all the employees, expenditures, the receipts, everything that we automatically look at. But, in the meantime, to be compliant, the statute says we shall submit these. So, for this budget year, we're standing in line like everybody else requesting the Court's approval of our submissions. COMMISSIONER LETZ: I move approval of the 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 deputies of each elected official and appointed official of all that have been presented. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded as indicated. Question or discussion on that motion? COMMISSIONER LETZ: Those that have been presented in addition to the ones we handled individually are the County Attorney, Sheriff, County Clerk, and the District Clerk, correct? Those four? MR. EMERSON: Correct. And I need to make clear that it's not just deputies. It's -- the code specifically requests appointment of clerks and assistants and deputies, so it's essentially all your employees -- employees in the office. COMMISSIONER LETZ: So, it's all employees of all elected officials. COMMISSIONER OEHLER: And department heads. SHERIFF HIERHOLZER: And department heads. COMMISSIONER LETZ: And department heads? SHERIFF HIERHOLZER: Yeah. COMMISSIONER LETZ: Okay. So, that's what we're -- JUDGE TINLEY: Further question or discussion on that motion? COMMISSIONER LETZ: Wait, wait. Go back a minute. Have all the department heads sworn to this? 12-22-08 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EMERSON: I don't know. COMMISSIONER LETZ: I would suspect not. MR. EMERSON: This issue jumped up last week, and we researched it, responded as quickly as we could. I know we sent out a bunch of faxes and e-mails. COMMISSIONER LETZ: I'll amend my -- COMMISSIONER OEHLER: Department heads couldn't be included, because they're under the direction of the Court and they're not elected. COMMISSIONER LETZ: That's right. That's what I'm saying. I would think it would just be elected officials. But I hear a -- I hear -- MR. EMERSON: I'm sorry, I'm blind. Under 151.001, Subsection (a), a district, county, or precinct officer who requires the services of deputies, assistants, or clerks in the performance of the officer's duties shall apply. It doesn't say elected, nonelected. It's anybody and everybody that requires employees. COMMISSIONER LETZ: I'll amend my motion to authorize the County Judge to accept any others than those mentioned today between now and the end of the year. Can I do that? COMMISSIONER OEHLER: Maybe we ought to start over. MR. EMERSON: Well, hypothetically speaking, the danger with doing that is, if you do that, you know, what's iz-zz-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 to keep a department head from all of a sudden saying, "I need 10 more employees," and you blessed it? MS. PIEPER: Rex, doesn't the code state it has to be in writing and sworn to? MR. EMERSON: Right, it has to be sworn to. So, I mean, they really need to come back to you. They each need to submit their applications. COMMISSIONER WILLIAMS: Does it have to be done before the close of this year? MR. EMERSON: No, sir. COMMISSIONER LETZ: Right. But if -- if my previous statement is in conformity with the position schedule, which keeps the number of employees and the salaries set -- the reason I'm saying that, I mean, we're I not -- MR. EMERSON: What if you do this? What if you accept the ones that are presented to you today, and then we'll put it back on in two weeks and everybody else can come into compliance. ', COMMISSIONER LETZ: Okay. We can do it after the lst? MR. EMERSON: Sure. COMMISSIONER LETZ: Okay, that's fine. Well, that's pretty -- I'll amend the motion to approve those that were presented, plus the ones we did individually. Okay. 12-22-08 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: We had a second? COMMISSIONER WILLIAMS: Yeah, I seconded it. JUDGE TINLEY: Okay. I have a motion and a second. Further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's move to Item 12, if we might. That was an 11 o'clock timed item with Mr. Danos with AACOG. He arrived early, and asked to go ahead on, if we would permit that. It'll be a presentation by Dean Danos, Deputy Director of AACOG, on proposed Alamo Regional Transit routes in Kerrville and Kerr County. Commissioner Williams, I'll let you introduce this. COMMISSIONER WILLIAMS: Thank you, Judge. We've been working at the AACOG level with the folks from Alamo Regional Transit for some time in terms of restructuring the routes, not only in Kerrville and Kerr County, but all through the ART system, and having engaged a consultant to work with them, we're now at the point of presenting the various route structures to the counties that are affected. So, I asked Mr. Danos if he'd come down and be so good as to present this to us, show us what the routes are going to be, and the cost and the frequency and all that good stuff. 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 Mr. Danos? MR. DANOS: Thank you Commissioner. Judge, Commissioners, I have before you some items I passed out, the slide presentation, a page which is blown up of the routes, a cost area that we currently have for Kerr County, and a couple of brochures about a couple programs that are discussed in this presentation. First off, I want to thank you, and happy holidays to each one of you. Before I start -- and thank you to Commissioner Williams for inviting me, and also to mention to you that Commissioner Williams is Transit, and eventually for the regional planning organization. So, Commissioner Williams will have his plate full for the upcoming year in that exercise as the chairman of that organization. So, we'll get up with the next slide. And, basically, I'm going to go through these pretty quickly until we get down to the routes. This is just an overview of what we do, and we provide transportation to an 11-county area. Next slide. That is an 11-county area outside of Bexar County, which happens to be the AACOG region. The next slide -- and, basically, that's who can ride with ART. You need to hit it a couple of times so it can -- come on, click, click, click. There you go. And we're just -- we're just a service for 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 everybody. And it's a demand response system; that's what Alamo Regional Transit currently is. In other words, we -- you call, we pick you up at your doorstep and take you wherever you want to go, and take you back to your doorstep. It's a door-to-door assistance. Just click, click, click. Next one, there you go. And next slide, these are just some examples also. Just keep on clicking down till you get down to the bottom. Those are some of the examples of ridership. I won't read them. Just a laundry list of some of the things that we currently do in our program. Next slide. JUDGE TINLEY: Mr. Danos? MR. DANOS: Yes, sir? JUDGE TINLEY: Do you have any numbers on what the percentage of the ridership actually use that transportation to go to and from their job? MR. DANOS: Yes, sir, I do have those numbers. I don't have them currently; I'd be glad to send it to you, but it is somewhere in the -- upwards of -- it's very small in the Kerr County area; it's a small area. It's something like less than 5 percent. But, overall, it's reaching upwards of 10 to 12 percent in the entire region. JUDGE TINLEY: Okay. MR. DANOS: I can get you more exact figures. COMMISSIONER WILLIAMS: That's for commuting to jobs? i2-az-oa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 MR. DANOS: Yeah, job only. We're only talking about jobs. COMMISSIONER WILLIAMS: Job-related. MR. DANOS: Yeah. The published fares, that's what this other piece of paper is. That is our published fares as it currently stands. And with the fuel rates very high at one time, these rates were very attractive. With the fuel rate coming down, they're comparable to what an individual would have to drive back and forth. Those are from -- within the areas. Okay, next. And part of this issue is the Medicaid -- we do provide Medicaid services with Medicaid clients, and those go from medical, dental, pharmacy. We have WorkSource training, which is part of the job issue we're talking about, Judge. We go ahead and provide Workforce training for people who need on-the-job training. We have Job Access Reverse Commute, which basically is taking people from a job, and taking them back and forth to -- whether it be going to San Antonio and back, or San Antonio out and back. And then we also provide services to the aging population, 60 and over. That -- and those areas are currently funded by that program, which is medical, dental, pharmacy, and nutrition center. You went one step too far. And then other agencies, local groups -- that's okay. COMMISSIONER OEHLER: You have an amateur operator up here. 1z-22-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 MR. DANOS: Now, don't move that. COMMISSIONER OEHLER: I'm not moving it, I promise. MR. DANOS: Okay. Then we have the dispatchers. This is how you would call -- an individual would call and -- basically, the prior day, an individual would call and make the appointment, so to speak, and the ridership -- you got to start the process, and this is basically how we do it. If you're using wheelchairs, scooters or walkers, all our proposed flex routes, which is the next slide and the slide after that. I'll refer you to this large map here that you have in front of you. Basically, there's three routes in here that are discussed in the study that the Commissioner had authorized as part of his role on the regional area judges, and the consultant we hired to look at flex routes, not only in Kerrville, but Fredericksburg, New Braunfels, and Seguin, but the first area -- starting area in Kerrville. And, basically, those are color-coded, Route A, B, and C. Next slide. And that basically was to be -- each route is a one-hour headway. The service will do two buses, and then A -- A and C will just have one bus sharing. And now let's go to proposed Route A, next slide. If you look at this map, you -- and you look at A in red, and we refer to this chart 12-zz-os 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there, it tells you basically where it's going to begin in Intermodal Facility for transfers. Next route travels north on Sidney Baker and heads westbound on Schreiner Street. This route loops around on Wallace Street, Upper Street, Paschal Street, and then back east on Schreiner Street. Then the route continues northeast. I'm not going to read everything, but basically what we're trying to do is connect the downtown, medical, shopping centers, and so forth. This route is 5.3 miles one way. That's proposed area Route A. Route B, which is on the same slide you have in front of you, which is the blue one, and that route begins in the far western end of Main Street, travels through downtown, stopping at the transfer point, which is Kerrville Intermodal Facility, then proceeding east on Main Street to the V.A. Hospital. The V.A. Hospital -- Commissioner Williams and I visited had with the V.A. Hospital to talk about their issues and concerns with the disabled veterans -- disabled veterans. We had a very good conversation, and we left there with their -- in their in-basket to get back to us, hopefully after the first of the year, about providing potential transportation to help their veterans in Kerrville and going on to San Antonio. This route is 6.2 miles long. Route C is that, I guess, purple type area. This 12-22-os 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 route begins in south central Kerrville near Peterson Hospital Ambulatory Care Center on Cully Street and loops around. Again, their major destination includes the downtown area, parks, low-income housing, apartments, and the shopping area. This route is 4.6 miles one way. These routes are -- right now, we're looking at doing it Monday through Friday in -- in the route areas. Now, there -- if there are some additions or deletions, we can -- as we go through this process, obviously, we're subject to change. This is not locked in, but this was the proposal from the consultant that visited up here. How are we going to pay for this thing, is the big issue. And if you turn to the next slide, this is basically some rough figures. This is the round trip per bus. This is total hours, total round trips, the number of operations per day, the operational cost per hour, total cost, number of days of service, total cost per year, and that's our cost. We currently have what -- through our federal funds, 5311 funding, which is rural transportation funding, that's the backbone of the whole operation. That will supply about half the amount of dollars. Thanks to you, Judge, and the Commissioners supplying dollars to the program, those dollars will be applied to this program, leaving a balance of about 174K. Those entities below and others are where we will attempt to find additional funding 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 for the program. My goal, as I told Commissioner Williams -- we've discussed this, that we were going to start this program with the current funding we have, and we'll see what we can do. So, we are going to start this program. Obviously, we have to get to -- into the City, because it involves the City's zoning department, so -- and so they understand where we're going on their streets and getting some stops. So, we have to go to their planning department and to the City Council. We'll make those discussions after the first of the year, so you're not hearing this for the last time. We also have, in addition to that, a van pool service -- on the next slide, we're starting a van pool service. And we've been talking -- in fact, that's what we talked to the V.A. Hospital about, was a van pool service. We have 12-passenger vans, one primary and one secondary driver, and the fares are determined based on the amount of distance and so forth, but the job happens to be what it is. The miles of vanpool will include the number of riders. And the next slide is talking about -- this is the Going Your Way Care program; that's this brochure also. Anyway, it's a guaranteed ride program. There are funding capabilities. We have a way that we can guarantee a person that does a van pool program, or even a person that rides a bus, actually, going to work, a way to come home in an i2-22-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 66 emergency situation. In other words, if a little one gets person can come home free; we just charge a one-time fee of $5 to get into it, and then they have four vouchers. But they must be part of the carpool program or van pool program or ride a bus -- it's not on here -- to a job. The second part of this is another program we have that we teamed up with Austin. We have a River Cities zip codes can team up and go back and forth. It's a program we've got. And we're also working with Kerrville Bus Company to see if people can go back and forth, drop on a bus and, obviously, go where they need to go. These are some of -- the next slide, that's some of the commuting benefits. And it's just an area that helps everybody out. The tax credits on there deals with the van pool program, especially if an employer pays for it; they do get tax credit under the current codes in Texas -- excuse me, the I.R.S. codes. And the next slide is basically just a picture we already meet. And the last slide deals with some contact information. And that is ten minutes, Judge, and that's -- I think I met that requirement. So, I'm now open for any kind of questions or 12-zz-o8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 answers, and from any -- JUDGE TINLEY: What information can you give us about the employer tax credits? MR. DANOS: If an employer will go ahead and use this system -- an employer use this system and take it out of employee's paycheck, that becomes before taxes then. It becomes a before-tax issue, and so they're not paying taxes on their ride. So, you're driving -- let's say an individual gets in a van pool program, and it -- for that trip, it costs them 50 bucks a month, and it's tax -- it becomes a tax issue for them if -- if the employer does it. Now, if the individual -- employer says, "I don't want anything to do with it," it becomes an individual issue; it's after tax dollars, Judge. That's in the I.R.S. codes. COMMISSIONER WILLIAMS: Dean, you gave us -- in addition to the routes -- proposed routes for what appears to be, for the most part, within the city. MR. DANOS: Yes, sir. COMMISSIONER WILLIAMS: And you also give us this sheet telling what the -- MR. DANOS: That's demand response routes. COMMISSIONER WILLIAMS: The demand response, and the cost to go from Point A to Point B. MR. DANOS: Right. COMMISSIONER WILLIAMS: My question is -- two i2-ZZ-oa 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions. First of all, what type of vehicle will you use to service these routes within the city? And secondly, what will be the cost to board the bus? MR. DANOS: We're looking at a dollar charge on that route system, on the flex route system, Commissioner, III and that's the cost. The vehicles, we are already -- already the van pool -- for a van pool program, they're in right now, or coming in. We also have the current vehicles, which is a Type 3 vehicle that can hold up to 25 people, or configured to hold not only individuals, but A.D.A. responsibility, so we do have a fleet available right now. We've also increased our rates to hire people anticipating this. We've gone from -- to $9 per hour starting lst of January for non-CDL, to $10 an hour for CDL license. In order to drive this vehicle will take a CDL-licensed individual, so that starting rate will be $10 per hour. COMMISSIONER WILLIAMS: I might note, Judge, as I'm sure you did, we -- 'cause we had discussions about servicing the area of the city in and around the Doyle School, and one of these routes accomplishes that. JUDGE TINLEY: Any questions for Mr. Danos? Comments? Any member of the Court? COMMISSIONER BALDWIN: When do you start? MR. DANOS: We're looking at -- well, we haven't even talked to the area judges yet. Commissioner Williams 12-22-os 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 kind of jump-started this program by asking me to come up here. This presentation will go to the area judges in January for their approval, and I'm assuming that this will -- that'll be approved, 'cause we've been working on this for well over a year now to try to get the program started. And once that's started, we're looking at coming back up here to talk to the City. And then we hope by two or three months after that -- I'm hoping by no later than June, once we get all the pieces together, we'll come back to Commissioners Court, that we'll be able to start this program, because we do have to do some legwork yet with the City. COMMISSIONER BALDWIN: What -- where are the trolleys? MR. DANOS: The trolleys were taken away from us by TexDOT. We -- I know it. We fought that; Commissioner I Williams can tell you that. We -- they went -- well, we -- TexDOT decided they needed them at a different place. COMMISSIONER WILLIAMS: They went away. MR. DANOS: And they went away. COMMISSIONER WILLIAMS: We lost the battle of the trolley. MR. DANOS: We lost, right. And I -- I might add here, now that you brought that up, the facility -- we are now updating the facility at the -- the Kerrville Intermodal 12-22-08 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Facility by flooring, awnings, new sidewalk areas, and we're also mindful of the drought system that we have in our other regions, so we -- we've redone the landscaping to use less water out in our facility, and I think that's beneficial, that we're -- you know, just like anybody else, we're up here to help and not hinder. But that is a -- a positive thing we're doing for the facility right now. COMMISSIONER BALDWIN: Do they make these vehicles or these buses that are -- that operate on alternate fuels? MR. DANOS: Yes, they do, and we have alternate fuel capability. We have the -- what they call the LEV, which is low emission vehicles. We also have diesel, which uses the clean diesel, which is the ultra low-sulfur diesel vehicles ordered. We do have some of the propane, but the issue with propane is finding a distributor for the propane. We are working now to look at CNG, compressed natural gas, but that is finding the correct plant that has to go through, and then order the vehicles. But we are -- we are very mindful of alternative energy. COMMISSIONER BALDWIN: Super. Hope we get to move in that direction. MR. DANOS: Yes, sir. COMMISSIONER LETZ: This budget this past year -- MR. DANOS: Yes, sir. COMMISSIONER LETZ: -- covers the routes in iz-zz-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 Kerrville? MR. DANOS: Yes, sir. COMMISSIONER LETZ: What's the cost of running the routes that go inter-city? MR. DANOS: From city to city? COMMISSIONER LETZ: Right. MR. DANOS: We have some of the -- the charges right here on -- COMMISSIONER LETZ: I see the charges are on there, but does it cover the cost of that 100 percent? Or is there -- MR. DANOS: No, that's not -- does not cover the cost 100 percent. That's what the 5311 subsidy dollars do. We get -- like a large metropolitan area, we also get subsidy dollars. An individual may not be able to pay for -- if they have to pay the full cost, I understand they could be very -- hit the pocketbook pretty big. COMMISSIONER LETZ: But the 5311 funds that are in here, that 180,000, that covers part of this? MR. DANOS: No. COMMISSIONER LETZ: They're separate? MR. DANOS: This is separate. This is a separate issue. This will still be covered. COMMISSIONER LETZ: Okay. MR. DANOS: Two separate issues here. i2-aa-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 COMMISSIONER LETZ: On the 5311 funds on the Kerrville routes, the 180,000, is that a set amount or is it a percentage of the total? How does -- MR. DANOS: It's a percentage of the total, 50 -- the 5311, by federal law, it's only supposed to cover around 50 percent or approximately 50 percent of the cost of doing the operation. They do not cover 100 percent. The other dollars is supposed to come through subscribers, fares, contributions from cities and counties, and the paying public. COMMISSIONER LETZ: Okay. MR. DANOS: And that's what's supposed to make up the other dollars. And we've been fortunate in our programs that we've been able to receive those dollars from not only the counties and cities, but the paying public, subscriptions, advertisements, and so forth. So, yes, we cover the cost. COMMISSIONER WILLIAMS: For the benefit of the public that may not be aware, Alamo Regional Transit provides service in the 11 AACOG counties that surround Bexar County. We do not provide service in Bexar County. That's through VIA; that's their public transportation system, and we don't get involved in that. JUDGE TINLEY: Any more questions for Mr. Davos? COMMISSIONER WILLIAMS: Thank you very much, Dean. 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 JUDGE TINLEY: Thank you, Mr. Davos. MR. DANOS: Once again, Merry Christmas, happy holidays to you all. I'm sure we'll be seeing you after the first of the year. Thank you very much for inviting me. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: Okay, let's go to Item 14, if we might; consider, discuss, and take appropriate action on joint agreement between Kerr County and the City of Kerrville -- Kerrville with the Normandy Group for governmental relations assistance to obtain federal government funding or other assistance for economic development projects and projects, installations, infrastructure, and/or facilities needs for Kerrville and Kerr County. I put this on today's agenda as a result of direction given at our joint meeting with the City that occurred -- I guess it was a week ago now. The matter was presented again at a City Council special meeting last Thursday. They took up the matter then, and to report to the Court, as a result of that meeting, the -- the Council directed the mayor to get with myself, and hopefully the mayor and I jointly would then make contact with our elected Washington officials to ascertain what those officials deem as the proper viability of -- of assistance governmental relations firms. So, that's essentially where i2-2Z-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 the City is, and -- but as -- as indicated at our meeting a week ago jointly with the City, the matter's back on our information and report back to the Council, yes. COMMISSIONER LETZ: In your discussions about it, I guess my point of view, I like the idea a little bit; I think it's a really interesting idea. I think it has a lot of merit, but I have three big problems with it right now. One, it wasn't budgeted, and we really don't have $60,000, or -- you know, which would be our potential half, around. Two, I'm not sure we have any projects that are -- you know, we kind of rushed a little bit on this. I don't know that we have any projects that are really ready to queue up to get into this right now. And, three, if we were to pass those two items, and in addition to talking with our own elected officials -- you know, I like former Congressman Bonilla a lot, but I think we need to do a little bit of a better search than just hiring one -- one firm that came to us, and see -- I mean, when I look at their list of clients, they don't represent one entity similar to a county government. And, you know, I'm not sure they need to, you know. So, I 12-22-08 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 just have a concern of whether they would be the right firm, so I'm glad it's on a little bit of a hold, because I don't think we can go forward, at least from my standpoint, at this point. But I think in future years, it may be something very worth looking at. It's just kind of my -- after listening to it and thinking about it, that's kind of my thoughts. COMMISSIONER BALDWIN: Well -- COMMISSIONER WILLIAMS: Go ahead, I'll wait. COMMISSIONER BALDWIN: Okay. I tend to agree with Commissioner Letz, only I've got a little bit different slant. Over the weekend, I visited with my friend -- you know, it seems like my friends -- the numbers of my friends are dwindling, but my friend that has been around a while and understands these kinds of things, and that understood and is very familiar with L.B.J. Of course, I'm way too young to remember any of that stuff, but the president from Johnson City brought a lot of -- a lot of money to the state of Texas. And President Bush, recent president -- President Bush has also allowed a lot of money to come to the state of Texas. And it's my understanding that those days are over; that the moneys that Mr. Obama's talking about will more than likely stay in the Chicago area, or anyway, the other side of the Red River. That's one issue. Another issue is, in our joint meeting the other day, I only had one question of -- of Mr. Bonilla, and Councilman Hamilton asked it before I -- it 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 got to me, and that was -- his question was, "Do you have any performance-based or contingency contracts?" I can see this thing working on a contingency type plan, where he goes and secures the grants and grant moneys and those kinds of things, and then takes a percentage of that, as opposed to us just paying him a flat monthly salary of -- how much? $10,000? COMMISSIONER LETZ: Ten -- five to ten, depending on if we submit it. COMMISSIONER BALDWIN: Yeah, $5,000 per month from this county to maybe or maybe not find us money. And Mr. Bonilla's answer was that he cannot be paid from these funds legally. Well, now, I don't think anybody ever thought that he would rake off his up front up there, but I'm sure through budgeting and -- and agreements and written agreements and those kind of things, if he secured moneys for us, then we could pay him out of that on the contingency plan. But he -- he obviously didn't want to do that, and so that -- that really turned me off about the whole thing, is the fact that he wouldn't even consider -- wouldn't even discuss the contingency plan. The third issue is that it's not budgeted money, and that is a lot of money to be laying out there. You know, if we - - if we had that kind of money laying around, I -- I see - - I see these Ingram Lake and Flat i2-22-os 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rock Lake and Ingram Dam and Flat Rock Dam almost as emergency issues. I mean, those things have grown, in my opinion, to the -- almost to the point of where they're truly unsafe for our public, and if we were going to spend money, I'd want to spend money on things like that, that's a direct benefit -- possible direct benefit to the taxpayers of Kerr County. So, with those thoughts and those issues, if I were asked to vote today on this issue, I would vote no. And if we -- if it comes up at budget time to have this same kind of program, I'm probably going to vote no, 'cause it's too damn much money for something that we don't know about, that we're not sure that we're going to get any return from. That's about it. COMMISSIONER WILLIAMS: I've had a lot of discussions since last Monday, both voluntarily and involuntarily, but the net result of most of those discussions was summarized by what some folks say, "Well, I see the County's going to hire a lobbyist." And that is an anathema to a lot of people. That said, I can see where there is some relative value in knowing the ropes in Washington. I don't dispute that at all. And for most of us who comprise local government, we don't -- we don't know that roadmap to get things done in Washington, D.C. But be that as it may, I kind of concur with my two colleagues with respect to cost, and -- and the fact it's not budgeted. But 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 78 I am -- in thinking about it, as opposed to doing something like this directly, I would -- I would like for the City and Economic Development Foundation being the lead pony, as opposed to the City and/or the County. And we support KEDF, as does the City, and Economic Improvement Corporation supports KEDF. And there's not a lot of reason why, if KEDF were to be the lead pony working on behalf of the City and the County, if there were additional fundings necessary to do that in our next budget year, we could certainly consider that. I would also like to remind the Court that Texas Association of Counties was severely chastised in a lawsuit for having hired a lobbyist. Now, the question I would direct to the County Attorney is, was that lawsuit directed at TAC, in which it was settled by TAC backing away from these type of activities, was that the direct result of TAC hiring a lobbyist to lobby the Texas Legislature, or doing lobbying in general? I'd like to know your answer to that, and you can figure that out by going to your many electronic sources and looking up that litigation. COMMISSIONER BALDWIN: Or you can pick up a phone and call them and ask them. COMMISSIONER WILLIAMS: Yeah. And so I think, at 12-2z-os 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this point in time, if we -- if we're talking about a model COMMISSIONER BALDWIN: Good point. COMMISSIONER OEHLER: I think that's a good way to pursue it if we're going to do that. I'm totally against hiring a lobbyist; that is just totally absurd to me. We have a lot of elected officials that should be helping us when we have viable projects that need to be funded. We ought to be able to lean on them just like our constituents lean on us to get things done. But I do -- I do have the thought that if we were to need a person to maybe work with the KEDF, just like you suggested, somebody that we would have control over dollars that we spend, expenses, those kinds of things through -- through funding at budget time, I wouldn't be opposed to doing something like that, but I don't feel like that we need to contract with anybody on an open-ended contract with no -- no fee -- or no total amount of dollars that could be spent on expenses. It's bad enough to give somebody $10,000 a month, and then have expenses on top of that that you have no idea how much that might be, and whether that person or people that you hired were actually working on your project, and 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 80 whether -- not that Mr. Bonilla's not honest and upright, but, you know, how do you divide expenses when you're maybe trying to work for one client over here, and maybe they both do the same thing? I mean, it's just -- I can't see it. I'm to kind of what I said earlier, and kind of what Buster brought up about how you -- where they collect their fees. I'm sure there are agencies -- and maybe Grantworks can do it. Grantworks has been very successful working for us and collecting their fees -- administrative fee kind of from the grants we've received. Primarily, it's all through wastewater -- Kerrville South Wastewater -- COMMISSIONER WILLIAMS: That's correct. COMMISSIONER LETZ: -- system. And I think that the -- you know, we may need to spend some money, but I don't know that you can do that with a lobbyist. We have some significant big projects on the horizon that we probably will need some assistance in trying to figure out how to fund, and Youth Exhibit Center, the lake issues, between repairing the dams and cleaning them out, and the water/wastewater east Kerr County project, but those are -- you know, aside from that, I really don't see that we have a whole lot that we need out of Washington. And on those, I think maybe, you 12-22-08 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know, we could send the Judge up there every week for $120,000, put you up -- (Laughter.) Hey, we can put you up there all year. COMMISSIONER OEHLER: Just get you a residence up there. COMMISSIONER WILLIAMS: Here's one other point. Mr. -- Mr. Bonilla talked about shovel-ready projects, that they're going to -- the Congress is going to consider shovel-ready projects, whatever that means. Subsequent to that meeting, however, later in the week, there was a front-page picture and an article in the San Antonio Express News talking about City of San Antonio readies its shovel-ready list, right? And one of the things which tied into what Mr. Bonilla talked about was City of San Antonio, 103.6 million for transportation projects. Well, that's the key right there, transportation projects. We don't have anything dealing with approaches that's in terms of transportation that would even render us eligible to be involved in the first wave of largesse that's coming out of Washington. COMMISSIONER LETZ: I think that we have a -- quite a few projects in the queue with TexDOT that may enable them to get funded if the money comes out through Washington. COMMISSIONER BALDWIN: That are basically shovel-ready? 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 82 COMMISSIONER LETZ: Yeah. COMMISSIONER OEHLER: They are. COMMISSIONER LETZ: But they're -- you know, we've got five bridges and -- four bridges in my precinct, a couple in Bill's, a couple out in your area, and things of that nature that, you know, hopefully these -- they have been held up because of funding. And, you know, hopefully TexDOT is, you know, communicating, as I'm sure they are, with Washington, so -- COMMISSIONER BALDWIN: Shovel-ready, that's something of that Washington language. Whew. JUDGE TINLEY: Washington-speak? COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: We have a participation form that was filed for this particular agenda item. Stephanie Ertel? MS. ERTEL: Good morning. My name is Stephanie Ertel, and I live at 624 Wheless, and I also have property in Precinct 4 across the river from the fish hatchery. And I'm actually here this morning to just remind the Court, along with some of my friends that came with me, that we have a Democratic president elected, and the Democratic party of Kerr County has been very active in this election time, and we've really built a lot of confidence among Democrats in Texas and nationally in what the people of Kerr County and the Hill Country are interested in, and our ability to 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 83 deliver votes and to deliver funding. So, I think that we can be of assistance also to the Commissioners Court. If things come up and people need contacts through some of the representatives who are Democrats, like Ciro Rodriguez and Chet Edwards and Sheila Jackson Lee, people like that who we have contact with, who may be able to help us with some things. And, in fact, in February Sheila Jackson Lee is going to be our guest here in Kerrville of the Democratic groups, and she'll be talking to us. So, it's just an example of how we really try to build a little bit of a profile of Democrats in Kerr County, so we wanted y'all to know about that if you need our help in doing things in the future. COMMISSIONER BALDWIN: Well, thank you. JUDGE TINLEY: Thank you. COMMISSIONER WILLIAMS: Thank you very much. COMMISSIONER OEHLER: That's the way it should work. MS. ERTEL: Thank you. JUDGE TINLEY: Any other member of the audience wish to be heard concerning this particular item? Does the Court have any direction for me in response to the Council's direction to the mayor of last week? COMMISSIONER LETZ: I think just -- I mean, I think -- iz-zz-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 84 COMMISSIONER BALDWIN: Go if you want to. COMMISSIONER LETZ: I just need to find out what our representatives think about firms like this, just, you know, for what it's worth. But I also think that the message when we're talking to our elected officials needs to be that we expect them to do this for us. You know, or we think -- don't think we need to hire them. That's what I heard the Court kind of say. COMMISSIONER WILLIAMS: I'd like for you to explore with somebody, Judge, the idea that this should go through KEDF logically, and if that's -- if that shakes itself out that way over the next few months, then we have an opportunity to discuss it again during budget time. JUDGE TINLEY: Okay. Anybody else have any more input on that? Good enough. Thank you. Let's move on to a timed item for 11:15. Item 13, consider and discuss the proposed agreement between Kerr County Historical Commission and Schreiner University. Mr. Luther -- Dr. Luther? MR. LUTHER: Thank you, Judge. COMMISSIONER LETZ: Judge, are the -- before he starts, the comments in the margin in the copy that I have, your comments? JUDGE TINLEY: No. COMMISSIONER LETZ: No? COMMISSIONER WILLIAMS: On the left over here? is-a2-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 85 COMMISSIONER LETZ: Well, there's a couple of comments in here, question marks. Just wondering where they came from, 'cause they're on my copy. If anyone knows? They may be Mr. Luther's comments. (Low-voice discussion off the record.) COMMISSIONER LETZ: Oh, they may be comments that Mr. Luther made. There's -- I was wondering who wrote the -- MR. LUTHER: Oh, on the sides? COMMISSIONER LETZ: Yeah. MR. LUTHER: Would you like me to go ahead and just do that? Good morning, gentlemen. Judge Tinley, Commissioners, my name is Joe Luther. I'm your chairman of the county -- Kerr County Historical Commission. In response to this, what you have is a draft, a review copy. And the comments, I think, were marginal, with people making suggestions. COMMISSIONER LETZ: Okay. MR. LUTHER: We do have a final draft of this in-hand, and we are ready to move forward with it. As you know from remarks and discussions that we've had over the past year, this has been a work in progress. For some time, we've been concerned about the condition, and I might say prognosis of the archival holdings of Kerr County. They were scattered in several locations. In one case, they were flooded. The boxes that they were contained in are iz-z2-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 86 water-stained. They're very valuable, one-of-a-kind collections that were not secure, were not under lock and key, and we were facing a tremendous problem with things walking out the door that were essentially irreplaceable. The situation that we had, as you know, here in the courthouse, these documents were not in a climate-controlled archival situation at all. Through the good relationships that we have with Schreiner University, particularly with Candice Scott, who's in charge of that library operation there, we have managed to work to this point where we have a draft of an agreement before you to have our archival materials digitized and stored at professional level -- professional quality archival standards so that they will be preserved into the future. You might say this is sort of the future history of our archival collection. Let's see, is Fred here? No, it doesn't look like anybody from Schreiner was able to get through the heavy traffic this morning to get down here, so I will -- I will speak to this, and then I'll ask Julia Stehling to be in the on-deck box here to answer detail questions. But I would just say to you, I think this is a wonderful solution to our problem. The situation that probably is most critical in regards to the archival collection is, nobody knows what we have. There's no good inventory of it. It's everybody's lz-2z-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 87 aunt and uncle and dog and what-have-you. It's never really been sorted and recorded. And Julia Stehling and Jeanne Sutton have spent long hours going through this material and sorting it, and I've just brought another DVD this morning for Jeanne that has probably the equivalent of three Bibles of material that have been scanned and digitally stored on there. By placing it into this collection in the Logan Library, this will become accessible to the public, so we would not have to accompany somebody here to the basement to dig through boxes of unknown material. In fact, somebody could just dial it up and say, "Is there anywhere I could find a picture of Judge Tinley when he graduated from law school?" Or Buster Baldwin when he was a young man with dark hair and a -- and a full beard. We -- we have those sorts of things in our collection, and a person would be able to access them and look at them. COMMISSIONER WILLIAMS: Are those for sale, by any chance? MR. LUTHER: Yeah, sure. We can do 50 pocket-size. JUDGE TINLEY: The negative is what you want, Buster. COMMISSIONER BALDWIN: Yeah. Did they have cameras back when he was in school? MR. LUTHER: I found a picture of -- of Dell Sheftall in 1943 at the University of Texas that I sent over 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 88 to him the other day that was out there on the web. So, you know, there are these amazing things that you find every day. They go into our collection. So, unless you have more detailed questions you wish to put to me, I'd like to ask Julia Stehling to come up and talk about the nuts and bolts of this operation. COMMISSIONER BALDWIN: Before -- before we go to Julia, I put this on the agenda because of -- there was a couple of my colleagues here that had been kind of hearing about what y'all were doing -- MR. LUTHER: Yes, sir. COMMISSIONER BALDWIN: -- and had wanted to know about it. So, I wanted you guys to come in to kind of explain to them -- MR. LUTHER: Okay. COMMISSIONER BALDWIN: -- what was going on, and I think you have done that, in my mind. And then Rex, in the agreement, I think, had a couple of questions, and I wanted to get -- those are the two things I wanted to get cleared up so that everybody at this table understands what's going on, and as far as the agreement's concerned, that the legal beagle signs off on it. MR. LUTHER: Yes. And Fred Gamble was supposed to be here this morning to answer for the university. Let me say from the outset, it was a worse mess than you would find iz-zz-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 89 in anybody's garage or attic. COMMISSIONER BALDWIN: I can imagine. MR. LUTHER: And some of it is still being hoarded in other people's houses that we're slowly prying out of their hands. COMMISSIONER LETZ: Couple questions I had. MR. LUTHER: Yeah. COMMISSIONER LETZ: Who owns this stuff? MR. LUTHER: I have to assume that since we're -- COMMISSIONER LETZ: The -- MR. LUTHER: -- an agency of Kerr County and the State, that Kerr County does, and through them, the state, once we acquire it and enter it into our system. COMMISSIONER WILLIAMS: Kerr County owns it? MR. LUTHER: Yeah, that's my interpretation. COMMISSIONER LETZ: Where did it come from? MR. LUTHER: Everywhere. People will bring things and drop it off, and you'll end up with, you know, a cardboard box or a garbage sack full of old photos. Nobody's identified anything in there, and we have Raul Arreola and Fuzzy Swayze working like crazy trying to figure out what these buildings are and who these people are and that sort of thing. COMMISSIONER OEHLER: Swayze probably took most of the pictures. is-22-oa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 90 MR. LUTHER: Yeah, Swayze did. Of course, as you know, Fuzzy Swayze's collection's been lost, and we're trying to resurrect pieces and parts of that as we find it. We are putting on these photographs -- digital photographs an identifier as belonging to the Kerr County Historical Commission, and since we're one of your children, to you. COMMISSIONER LETZ: How are you all -- or are you going through it and determining what is worthy of keeping? I mean, I'm -- if you acquire -- people just give this to you, I mean, how do you decide what -- MR. LUTHER: Well, it is -- COMMISSIONER LETZ: -- needs to be kept? MR. LUTHER: It is anything that can be identified. There are a lot of pictures of a lot of pet dogs and things of that sort that, to us, don't have significance, but do have historical or emotional, sentimental significance to the donor. And in many cases, we may digitize something and return it to the owner, but we've got a -- a copy of it that can be preserved. Schreiner University and their library staff there have very exacting standards in terms of what's acceptable and what's not -- COMMISSIONER LETZ: Okay. MR. LUTHER: -- acceptable. COMMISSIONER LETZ: I didn't want just a whole bunch of stuff to be put into -- 12-22-08 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. LUTHER: No, it's not going to be like my attic. No. COMMISSIONER WILLIAMS: The Schreiner people just arrived, Mr. Luther. MR. LUTHER: Okay. Well, let's -- COMMISSIONER WILLIAMS: Mr. Gamble's here. MR. LUTHER: Perhaps I can introduce them. Fred? Good morning, sir. Just in time. Candice, just in time. MR. GAMBLE: I'm Fred Gamble. I'm the Vice President for Administration and Finances at Schreiner University. This is Dr. Candice Scott. She's our chief librarian, and recently appointed Vice President for Academic Affairs, and she's the one who actually put together -- who led the charge and put together the Sam Lanham Digital Library. We're excited about the opportunity, and from what Candice tells me, rarely does a historical society -- when I say "rarely," as far as we know, we're probably the only one where a historical society has really reached out and had this kind of collaboration with somebody else. So, we think we're pretty special to do this. Candice, if you want to make a comment? And either one of us can answer any questions you have. If it's technical, that has to be Dr. Scott. DR. SCOTT: I think we just should just answer questions and save time. We're excited. We're very excited lz-zz-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 92 about the possibility. We want to be sure that the agreement is crystal clear to both sides so that there's no confusion later on; there's no question about intent or -- or purpose at all, and so that's why we're being very picky on both sides as far as what the agreement says. It's a temporary loan agreement, so I guess that's -- that's where we are. Joe? Is that -- COMMISSIONER LETZ: A question that I had, Mr. Luther -- Mr. Luther mentioned that Schreiner has, I guess, some precise criteria before something gets digitized and put in. Not necessarily that you have to give it to us right now, but I think if we were given a copy of that criteria, if the public was aware of it, there's probably a lot of other historical information available that fits the criteria; it'd be a good way to get it in. I have -- I suspect, like Mr. Luther said, that what is in the basement, primarily, and other locations is just stuff that no one knew what else to do with and put it in a box and brought it over here. MR. LUTHER: People's grandparents die and we inherit the boxes. COMMISSIONER LETZ: Right. So I think it would be really helpful for the public to be aware of what the criteria is so that other meaningful documents can find their way into the collection. DR. SCOTT: As far as what we would digitize? 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 93 COMMISSIONER LETZ: As to what the -- I mean, you want to -- if you have a picture of an old dog, do you want that, versus -- I mean, an identifier, what all has to be on there before it's worthwhile to -- from Schreiner's DR. SCOTT: That's an excellent question, and it's one that we -- we set a foundation for responding to when we created the digital library. And what we have is an advisory it is to be the subject experts. And so when we get a wealth of information -- which, sadly, we don't have that problem; that would be a wonderful problem to have. When we get that problem, these subject specialists are the ones who will look at it and decide whether it's something that meets the mission of either entity, either the Historical Commission or Schreiner University, and then that document will be added to it. Okay. So, it's -- so we don't -- as a librarian, I know how much space I have. I know where my immediate constituents' interests are, but I'm -- I'm not a historian, and so I bow to the views of the local historians, and they would help us select that. And that's all written up under the -- under the digital library guidelines on the website. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: Dr. Scott, are we going 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 94 into this with an inventory already prepared as to what the -- what Schreiner University will accept and, in effect, manage for us? Or are we just dumping boxes on your DR. SCOTT: No, I hope you're not dumping boxes on our doorstep. We are working on the inventory, right? MR. LUTHER: Yeah. Yeah. Do you want to -- MS. STEHLING: No, I'm fine. DR. SCOTT: Sara Schmidt, our collection holding my breath. I was concerned it would be boxes and boxes. We do have a finite amount of space, so we have to be careful what we're committing to your folks as well. It's a very -- right now, if we took everything that's down there, it's very doable. It's very doable for us. I don't believe, necessarily, that that will be the case, although the inventory is being carefully examined. So, I think what they have there is pretty lean and mean, and so I think it's probably pretty relevant to our overarching umbrella of the hill country history. MR. GAMBLE: Also, if you look at the proposed agreement, this will be done -- I mean, the inventory will be updated every year. That's part of the agreement, to make i2-22-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 95 the agreement is that every year you'll update this -- the inventory. COMMISSIONER BALDWIN: I have a couple of questions. First is, are you the famous "Truck" Gamble? DR. SCOTT: I think I'll sit down on that one. COMMISSIONER OEHLER: I can verify that. MR. GAMBLE: I have been called that as well as many other things, as you well know, Commissioner. COMMISSIONER BALDWIN: I do know that, as a matter of fact. Good to see you. My real question -- there's two real questions. One is -- goes to ownership. I'm not real clear what -- like, in the final analysis, when we're all gone and this thing -- this program's rocking along, who owns all of this material? MR. GAMBLE: The material is -- will belong to the Historical Society. It is theirs; it is on loan. And so it could be on permanent loan, but even permanent loan can be withdrawn within -- within time parameters, or it can be temporarily withdrawn. But it -- it belongs to the Historical Society. COMMISSIONER BALDWIN: Okay. Historical Commission. MR. GAMBLE: Historical Commission, yes. COMMISSIONER BALDWIN: And -- and then there was some questions about some cost of -- I don't know what all, lz-2a-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 96 but one of the recent things, you're going -- we're going to DR. SCOTT: We hope there's no bugs in it to begin MS. STERLING: Correct. DR. SCOTT: Yeah. And we've never actually had that problem as a -- as an archive, and so I -- I don't have a ready cost for you. I did consult our library consortium, which is -- it's the Southwest Regional Consortium. They aren't willing to say it's going to cost 5 cents a document or 10 cents a document either, so while that's a very legitimate question on your part, I -- I would suggest that what we put into the document is simply that nothing will be done without consulting the Commission, and then you'll know -- you'll know what it costs up front if we have to do it, because right now we just can't predict. COMMISSIONER BALDWIN: Well, my real question is -- is that who -- regardless of what it costs, who's going to pay for it? And these guys are tightwads, you know? I'm -- I'm here; I like to -- I like to help people and spend money and do the right thing. These guys are tough to get along with. So, I think -- I think that that's the real question. Are we going to pay for it, or is historical -- Historical Commission going to? MR. GAMBLE: Well, I think -- I think whether or 12-22-08 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not it is you or the Historical Commission will be between you guys. I mean, our option would be to either not accept it -- because we're not saying we're going to accept anything that you give us, obviously. So, if it was infested, we would say, you know, "We can't accept it in that condition." COMMISSIONER BALDWIN: Mm-hmm. MR. GAMBLE: And you can decide at that time whether or not it was important enough to have it out there. COMMISSIONER BALDWIN: Mm-hmm, good. MR. GAMBLE: And whether or not the cost of -- of cleaning up infestation was worth having it out there. I mean, it's not -- I think that decision could be made later. But it would -- it would, I would think, be done by the Historical Commission, or -- or maybe this body. COMMISSIONER BALDWIN: All right. MR. GAMBLE: But I do know that the County Judge is hesitant ever to spend county money, so -- COMMISSIONER BALDWIN: Yeah. MR. LUTHER: At this time -- I'm sorry. At this time, I think we can absorb that cost into the archive section of our budget. COMMISSIONER BALDWIN: Kathy, did you get that in the record? MR. LUTHER: Without coming back to you in this cycle or in the future. I don't see it as being very iz-zZ-oa 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 expensive. I did have one collection that I immediately put in a big plastic bag, because I could see things crawling around in it. And I consulted with the staff at Schreiner, and they said put it in the freezer. Boy, you should have heard my wife. (Laughter.) The meat section, she found this photographic album with all these big white bugs crawling around. But I -- I do think that we'll be able to -- to deal with this adequately within the confines of our budget. I don't see this as being a large item at all, and would be covered by what money we have budgeted for archive of the collections. JUDGE TINLEY: Where is the County Attorney with respect to this process? I understand that what we're looking at now is a draft document, but I heard some mention about that it's, quote, now in final form, I believe I heard. MR. LUTHER: Yes. JUDGE TINLEY: Mr. Emerson, where are you with respect to this process? MR. EMERSON: Essentially, I just received the document and have a bunch of comments written all over it. Probably be better if I had time to discuss that later. COMMISSIONER LETZ: While you're going through it, one of the questions that I have is, who owns the digitized items? I mean, if you have the originals and you have the digitized copies of them, is the copies the property of iz-z2-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 99 Schreiner? DR. SCOTT: No, it would still -- we would house it on our server, because we back up the server and take care of it, but the -- the Historical Commission would continue to own every format, every version. COMMISSIONER LETZ: All right. COMMISSIONER WILLIAMS: I would ask the County Attorney a question with respect to the signatories on this agreement. Mr. County Attorney, the one I'm looking at talks about Mr. Luther, as chairman of the Historical Commission, signing on behalf of the County. It would be my preference that the County Judge, since this is county property, be the signator. MR. EMERSON: The County Judge or the Court are the only on es that have aut hority to ap prove a contract. MS. STEHLING: I'm sorry, who did you say? MR. EMERSON: The only -- the only person, per se, that ha s the authority to approve a contract on behalf of the County is the Court. MS. STEHLING: Okay. COMMISSIONER LETZ: So, t he actual signature is the County Judge or -- you know, or the -- the Court designates it, and then Mr. Luther can kind of be just a -- COMMISSIONER WILLIAMS: O n behalf of the Commission. 12-22-08 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: On behalf of the Commission, not as a signatory, per se. Okay. JUDGE TINLEY: Anything further with regard to this particular agenda item? MR. LUTHER: I'd just like to say one other thing, Judge, and that is that this is a wonderful opportunity, just a wonderful opportunity, and serves both our interests very well. I happen to go into the web page for the Fredericksburg Historical Preservation Society. They've got 80,000 digital photographs, but the public can't get access to them. It's like a book that's misshelved in the library. You know, if you can't see it, you can't use it. If you don't know what's there, it's of no value to you. So, this certainly, I think, will enhance the ability of the people and the students in Kerr County to -- to realize their history. COMMISSIONER BALDWIN: I'm in love with what's going on. I think it's one of the neatest things we've ever done, but I just wanted to make sure that all the players are doing their job, and we're -- particularly we're doing our ', part, and I just wanted to make sure of all that. That's the reason I brought it here today. Are you going to get with somebody later on and ask your questions? MR. EMERSON: Yes, sir. COMMISSIONER BALDWIN: Okay. 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 101 COMMISSIONER WILLIAMS: Just not going to answer them. MS. STEHLING: What is the next step? JUDGE TINLEY: My thinking is the next step is to continue to work with the County Attorney to come up with a final document that's acceptable to you folks, and which he can recommend to the Court as being proper from the County's perspective, and then it'll come back here, and if the Court feels that way, it'll get finalized and -- and we'll enter into that agreement. That's my thinking. COMMISSIONER BALDWIN: I agree with you. COMMISSIONER WILLIAMS: Yeah. MS. STEHLING: Thank you. DR. SCOTT: When is your next meeting? COMMISSIONER WILLIAMS: January 12th. COMMISSIONER BALDWIN: Next year. JUDGE TINLEY: You guys are really excited about this. That's wonderful. DR. SCOTT: That's right. MR. LUTHER: That's great. DR. SCOTT: Okay. Thank you for your time. COMMISSIONER WILLIAMS: Thank you, Candice. JUDGE TINLEY: Everybody in the world will see our history. DR. SCOTT: That's right. iz-2a-oa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102 COMMISSIONER OEHLER: Thank you. COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: If we may, let's go back to Item 18 and recall that item. Consider, discuss, take appropriate action on H.R. capital loan. I understand there's been some work done on that during the recess, and that maybe we've got some kinks worked out and some more definitive information. MR. EMERSON: I think the proper answer to that is yes and no. There were some kinks worked out. Jeannie did locate funding, but part of that funding would be wiping out the last of Human Resources' funding in that category, and I'm not comfortable doing that until -- JUDGE TINLEY: Without her. MR. EMERSON: -- we talk to Eva and make sure she doesn't need that money. JUDGE TINLEY: Okay. Well, we'll just pass -- continue to pass on that for now, then. Okay. That brings us down to, unless I missed something, gentlemen, Section 4, payment of the bills. COMMISSIONER LETZ: Move we pay the bills. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded to pay the ', bills. Question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) iz-zz-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Do we have any budget amendments? MS. HARGIS: No. JUDGE TINLEY: Any late bills? MS. HARGIS: No. JUDGE TINLEY: I've been presented with monthly reports from Justice of the Peace, Precinct l; Justice of the Peace, Precinct 4; Justice of the Peace, Precinct 2; and the District Clerk. Do I hear a motion that these reports be approved as presented? COMMISSIONER BALDWIN: So moved. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to approve the designated reports as presented. Question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) ~i JUDGE TINLEY: That motion does carry. Do we have ~I any reports from any of the Commissioners with regard to liaison or committee assignments? Commissioner Baldwin? COMMISSIONER BALDWIN: No, sir. 12-22-08 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: Williams? COMMISSIONER WILLIAMS: Yes, sir, couple things here dealing with AACOG. COMMISSIONER BALDWIN: Is it going to be a bus tour of Kerrville? COMMISSIONER WILLIAMS: No bus. You mentioned the I bus . COMMISSIONER BALDWIN: Thirty bucks to ride to I Comfort. COMMISSIONER WILLIAMS: You missed the bus; it left. This is just for your information, gentlemen. It's the AACOG Board as it is currently constituted, and the most recent Kerr County job report, but I would hasten to say to you that the Mooney layoff is not reflected in that 4.4 percent unemployment rate. It'll be shown -- it will show up in the next one of these that we get, and that's kind of it. As the -- just as Mr. Danos acknowledged -- or advised you, I'll be heading the rural judges group section of the -- of the AACOG Board, and Judge Tinley and I have talked about a couple items that come before -- are going to routinely come before the rural judges. Not only are they in charge of oversight in the transportation program, but there I~ is formin a rural tannin or anization to com lement the g p g g P metropolitan planning organization, and the rural judges will be the oversight board for rural planning of transportation 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 issues within the 11 counties that surround Bexar County. Our plate's going to be full next year. COMMISSIONER BALDWIN: It is, and that's a huge responsibility you're taking on. Good. Thank you for doing that. COMMISSIONER WILLIAMS: You're welcome. JUDGE TINLEY: Bill's done a great job down there -- COMMISSIONER BALDWIN: Truly has. Obviously has. JUDGE TINLEY: -- being our continuous voice on that entire organization, being on the executive board, board of directors, you know, heading up the rural judges. Are there any other commissioners on that group? COMMISSIONER WILLIAMS: Yes, one, Commissioner Millican out of Comal County. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: And he also is moving up in the hierarchy. He's on the management committee with me, which is the equivalent of the executive committee, and he's the new vice chair of AACOG, and he'll take the chair over in '10. So -- COMMISSIONER OEHLER: That's good. JUDGE TINLEY: Anything else? COMMISSIONER WILLIAMS: No, sir. JUDGE TINLEY: Thank you. Commissioner Letz? 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 COMMISSIONER LETZ: Just kind of two things. the Vlasek property, Comanche Caves. Charlie Digges prepares all that as to what needs to be on that. I advised him, since this was not a revision of plat, just a separate item, that my thought would be that only the County Judge, Mr. Digges as the surveyor-slash-engineer, and the subdivision administrator, and then the two parties to the deal are the contact Road and Bridge. I would not know why we would need anybody -- I mean, all the others that have to normally file plats that -- 911, utilities and all, that I just think -- floodplain, all that stuff, to me, was irrelevant. One other thing. Region J met last week in Bandera. Region J also is going to file an appeal on the actions taken by GMA-9 related to Edwards-Trinity. And I found it very interesting that right after that, I received some calls from -- well, a call from Kendall County representative, very concerned about that decision and what the reason was, and I explained it to him and I said, well, evidently, we're -- this will be the first appeal filed in the GMA process, and the thought is a lot of people are going to be looking at what we're doing. I said, "Well, fine, if i2-22-os 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they want to look at what we're doing." But I said my overall view was that if the GMA process is going to set desired future conditions, the public needs to be aware of what those conditions are, what was done by GMA-9. No one can tell me, including the members that were present at that -- on GMA-9 can't agree as to what was set. So, I said, "These things needs to be clear to the public." And they cannot be arbitrarily debatable down the road, so we'll see where that all ends up. The Water Development Board's trying to figure out, you know, how to walk through the appeal process, exactly how we do it, so they'll be coming back, I'm sure, in January. JUDGE TINLEY: Anything else? COMMISSIONER LETZ: That's it. JUDGE TINLEY: Commissioner Oehler? COMMISSIONER OEHLER: Just one short thing. We -- Road and Bridge has been doing some cleanout work in on Ingram Lake. I got ahold of the school, and they were getting a place that was closer to dump some of that material, because we lost our spot to dump we've been using for years when Vlasek built a building in the hole we used to dump in, and so we needed to get a place to get rid of some of that. And the school had a little pit that needed to be filled. It's just close by. I got their permission for the Road and Bridge employees to put some of that material in 12-22-08 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there. It's a lot of gravel, and most of it's gravel-like; it's not as much of that silt material, where they've been cleaning the channel out between the boat dock and the main already paid for those guys to be on equipment, and the manpower is budgeted, so they didn't really have anything i that was pressing, so they -- they've been up there working on what they can get out of that lake before we plug it. Hopefully -- hopefully, they'll get quite a bit of that. The hole at the school is real big, 'cause that's only a very short haul. Maybe where they're driving now is less than a mile round trip, so that will end -- that will do well. And the main reason that we decided to go ahead and -- and try to get some of that out, this is the very first time we've ever drained that thing when we had dry conditions like this, to where you can actually get in there and move a lot of material that wasn't wet. COMMISSIONER BALDWIN: Mm-hmm. they're going to -- I think they're going to try to get out all they can get, you know, while they have time to do it. JUDGE TINLEY: Anything else? COMMISSIONER OEHLER: I think that's it. COMMISSIONER WILLIAMS: Judge, I do have -- I was 12-22-08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 109 checking my e-mail. I got one from Grantworks there. We were talking about the next round of colonia fundings, and the deadline for that is in March. And they're talking to us about the possibility of applying for half a million dollar grant, which would do a couple things, some in your precinct, some ramp-up on Kerrville South. The current Phase 4 in Kerrville South goes down to Ranchero Road, picks up those duplexes and quads, all that kind of stuff, and then the -- Southwind, isn't it, Buster? COMMISSIONER BALDWIN: Yes, sir. COMMISSIONER WILLIAMS: Southwind Mobile Home Park. There still remains down there an apartment complex that -- that someday we'd like to hook up, and so this is a little ramp-up work. Also, we're talking about the possibility of finishing out Blue Ridge and that mobile home park, which are the two of those that were started by the City and didn't get finished. JUDGE TINLEY: Blue Ridge. COMMISSIONER OEHLER: Blue Ridge. COMMISSIONER WILLIAMS: So we would be picking that up. So, I'll come back to the Court with it in January and see where that takes us. COMMISSIONER OEHLER: I also think they made some progress -- I haven't gotten to meet with the Ingram City Manager yet, but there's a real interest in the City taking iz-aa-os 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 some sewer for those businesses along 27, taking it right on down and treating them. That would really be a wonderful thing, and looking real forward to getting that done. COMMISSIONER WILLIAMS: I queried Grantworks about whether or not there are any funds available for that purpose, Bruce, and because they're businesses and they -- you know, they're well above the threshold. There's probably no funding through any of these sources for that purpose. COMMISSIONER OEHLER: Right. COMMISSIONER WILLIAMS: They can do it on their own. COMMISSIONER OEHLER: I think most of the businesses along there will be more than willing to pay whatever the expense is to get on that line, get rid of those septics. COMMISSIONER LETZ: Increases the amount of property available. But we can't discuss it. COMMISSIONER OEHLER: So, that's all I have. JUDGE TINLEY: Okay. Do we have any reports from elected officials or department heads? MR. EMERSON: Just -- just one comment, going back to Commissioner 1's comments earlier when he was talking about funding for lobbyists. Just to make one thing clear, as far as I know, this Court does not have any notice of imminent failure of either one of those dams, just to make 12-22-08 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sure that's on the record. COMMISSIONER WILLIAMS: Yes, sir. COMMISSIONER OEHLER: Yeah. No, there are not. COMMISSIONER BALDWIN: That's true. COMMISSIONER WILLIAMS: That's true. Repairs needed, but not imminent failure. COMMISSIONER BALDWIN: And I didn't say that, either, though. MR. EMERSON: You were walking the top of the fence very carefully. COMMISSIONER BALDWIN: Well, no, I -- MR. EMERSON: Just to clarify the record. I understood what you were saying. COMMISSIONER BALDWIN: You lawyers can take it to mean anything, but I didn't come anywhere near that. But, anyway, thank you for clearing that up. JUDGE TINLEY: Mr. Barton? MR. BARYON: Thank you. Merry Christmas. I would like to take just a minute and give you an update on some good things that are happening at our office. We have taken some of the approvals in the budget that you guys made earlier this year, and we have kind of revamped our staff. We've brought on -- we'll now have three certified peace officers on staff. With the -- one of the positions that we budgeted for was an office manager. That title's been 12-zz-os 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 changed to Office Director now, and we have brought in we're kind of getting two for one there. I'm kind of proud we were able to get that guy on board. I've hired an assistant district attorney, seven-year veteran prosecutor. His name's Brad McCullough. For those of you that will be at the swearing-in ceremony on the 1st, you'll have an opportunity to meet him. He's a fantastic guy. Like I say, seven years prosecutorial experience in a jurisdiction that's similar in size to ours, so he's -- he's good at handling small city and -- and rural aspects of our district. We have, at no taxpayer expense and no cost to this county, initiated a -- the acquisition of a computer system for the office. We're going to get brought up into at least this decade with regard to case management software, archival, and -- and also integrate with the various law enforcement agencies on submitting cases to the District Attorney's office with our agencies that are here, the Sheriff's Office, the police department, and Ingram. It's pretty easy. You know, I can just run over there and pick up reports from them, but what we're doing with our western counties is giving them a portal into our server where they can upload their cases through a web i2-za-os 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 interface. That's something Mr. Trolinger and -- and my I.T. guys will hopefully be conferencing on here in the near future so that we don't compromise any of the county's security, 'cause we -- we will have two systems that are tied together, Kerr County and then the D.A.'s office. And also, I just wanted to be available to answer any questions, if you have any -- any questions. Another person that we've hired, a receptionist position, is Jeri Causey. She was L.D. Brinkman's personal assistant for many, many, many years, so she comes on board ready to hit the ground running. So, we're going to have a staff that's ready to go, I think, day one. We will have a few growing pains as we switch over to the new computer system and the new software, but other than that, you'll have a fully ready to run D.A.'s office January 1. COMMISSIONER BALDWIN: Well, you use the same -- basically the same kind of system that we have? MR. BARYON: Odyssey? COMMISSIONER BALDWIN: Yeah. MR. BARYON: We're unable to use Odyssey. COMMISSIONER BALDWIN: That's a blessing. (Laughter.) I MR. BARYON: Actually, one of the things that the I, I.T. guys need to get with Mr. Trolinger on is the ability to pull or mine data out of Odyssey and plug it into our 12-22-08 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 program. The reason that we can't do it is 'cause we have four other counties that aren't on Odyssey, so we -- and Mr. Trolinger and I have talked about a few things where that might be an option, but really, I'd rather Kerr County not have to house all the records for four other counties, and the attendant expenses associated with that. So -- COMMISSIONER BALDWIN: That's exciting. COMMISSIONER OEHLER: Sounds good. JUDGE TINLEY: Thank you. Any other elected officials, department heads have reports? Anything else? Last chance for the year. COMMISSIONER WILLIAMS: Merry Christmas. JUDGE TINLEY: Likewise. COMMISSIONER BALDWIN: When is that, tomorrow? Tomorrow is the Christmas party. JUDGE TINLEY: Tomorrow at noon. Yes, it is. COMMISSIONER BALDWIN: Tomorrow is the Christmas party, and I understand that the real Santa Claus is going to be there. COMMISSIONER WILLIAMS: Really? JUDGE TINLEY: Yeah. Yeah, that's what I've heard. COMMISSIONER BALDWIN: Yeah. COMMISSIONER OEHLER: Long gray beard and everything. COMMISSIONER WILLIAMS: That's kind of scary. iz-22-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 115 COMMISSIONER BALDWIN: And then January 1 at 10 o'clock upstairs is the swearing-in ceremony. JUDGE TINLEY: Is the real Santa Claus going to be there too? COMMISSIONER BALDWIN: Yes. He's going to be dressed a little bit differently. JUDGE TINLEY: Okay. COMMISSIONER LETZ: I think I told y'all I will not be at that ceremony. I'll be sworn in right -- probably on the 3rd or 4th. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: You're taking applications for interim, Commissioner? Is that it? COMMISSIONER BALDWIN: Yeah. JUDGE TINLEY: For that three-day period there? COMMISSIONER BALDWIN: Yeah. Let's see. Is that appointment for sale, by any chance? (Laughter.) JUDGE TINLEY: How can you get in on that, right? COMMISSIONER BALDWIN: You couldn't pay anybody to take it. JUDGE TINLEY: Okay, enough. We're adjourned. (Commissioners Court adjourned at 11:48 a.m.) i2-z2-os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 116 STATE OF TEXAS ~ COUNTY OF KERR ~ The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 30th day of December, 2008. JANNETT PIEPER, Kerr County Clerk ~ ;, BY : ___ ~~ f~2-ut.G%__ ___ ____ Kathy~Fik, Deputy County Clerk Certified Shorthand Reporter 12-22-08 ORDER NO. 31132 APPOINTMENT OF DEPUTY CONSTABLE IN PRECINCT 1 Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz, unanimously approved by a vote of 4-0-0 to: Approve appointment of a Deputy Constable in Precinct 1, with the appointment to be effective January 1, 2009. ORDER NO. 31133 KERR COUNTY TREASURER APPOINTMENT OF DEPUTIES Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court Lmanimously approved by a vote of 4-0-0 to: Approve Kerr County Treasurer's Application Under Oath of Officer for Appointment of Deputies. ORDER NO. 31134 KERR COUNTY TREASURF_,R' S MONTHLY REPORT Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Kerr County Treasurer's Monthly Report for November, 2008. ORDER NO. 31135 REFUND KERR COUNTY DIVIDE PERMANENT SCHOOL FiJND Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Authorize County Auditor to send out a letter to all of the school districts requesting their population census in order to refund the funds remaining in the Kerr County Divide Permanent School Fund in accordance with the determination of those funds by David A. Anderson, General Counsel, Texas Education Agency, in his letter of November 24, 2008, and to authorize payment of said funds in accordance with the per scholastic basis as outlined in Mr. Anderson's letter. ORDER NO. 31136 PURCHASE OF VAN BY AGRICULTURAL EXTENSION OFFICE Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioners Williams/Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve purchase of 12 passenger van by the Agricultural Extension Office from Caldwell Country Chevrolet. ORDER NO. 31137 SUB-GRANT FOR FY 2008 HOMELAND SECURITY GRANT PROGRAM Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimo~isly approved by a vote of 4-0-0 to: Accept asub-grant for the Fiscal Year 2008 Homeland Security Grant Program from the Division of Emergency Management, and authorize County Judge and the Auditor to sign the appropriate documents. ORDER NO. 31138 KERR COUNTY TAX ASSESSOR-COLLEC"TOR APPLICATION UNDER OATI1 OF OFFICER FOR APPOINTMENT OF DEPUTIES FOR 2009-2012 TERM OF OFFICE FOR Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Kerr County Tax Assessor/Collector's Application Under Oath of Officer for Appointment of Deputies for 2009-2012 term of office. ORDER NO. 31139 ELECTED AND APPOINTED OFFICIALS' BONDS Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Elected and Appointed Officials' Bonds, including the Sheriff's and all other bonds: Linda Uecker, District Clerk H. A. Buster Baldwin, Commissioner Precinct 1 Jonathan Letz, Commissioner Precinct 3 Mindy Williams, Kerr County Treasurer David Billeiter, Justice of the Peace, Precinct 1 John Lavender, Constable Precinct 1 Rex Emerson, County Attorney Angel Garza, Constable Precinct 3 Joel Ayala, Constable Precinct 2 Robert Terrill, Constable Precinct 4 Diane Bolin, Tax Assessor/Collector -two bonds W. R. Rusty Hierholzer, Sheriff -- Continuous Bond (Rollover/Carry-over Bond) ORDER NO. 31140 FINAL REVISION OF PLAT FOR LOTS 46-A & 47-A OF CYPRESS SPRINGS ESTATES, PHASE 1 Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 to: Approve Final Revision of Plat for Lots 46-A & 47-A of Cypress Springs Estates, Phase I, Volume 7, Page 126, located in Precinct 4. ORDER NO. 31141 APPOINTMENTS TO BOARD OF COMMISSIONERS FOR EMERGENCY SERVICES DISTRICT #2 (ESD #2) Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Oehler, seconded by Commissio~~er Williams_ the Col~rt unanimoLlsly approved by a vote of 4-0-0 to: Reappoint Garland Reece and Perrin Wells for 3 year terms to the Board of Commissioners for Emergency Services District #2 (ESD #2). ORDER NO. 31142 APPLICATIONS UNDER OATH OFFICERS FOR THE DEPUTIES OF EACH ELECTED AND APPOINTED OFFICIAL Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Approve the Applications Under Oath of Officers for the Deputies of each Elected and Appointed Official as presented, (plus the ones we did individually): County Clerk County Attorney Sheriff District Clerk ORDER NO. 31143 CLAIMS AND ACCOUNTS Came to be heard this the 22"d day of September, 2008, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 340,617.73 15-Road & Bridge $ 37,441.28 18-County Law Library $ 2,263.93 21-Title IV-E $ 18.50 27-Juv Intensive Prog-State $ 3,250.00 28-Records Mgmt & Preservation $ 1,375.81 35-JPO Grant G $ 1,480.50 39-Grant H-Misdeamor Div $ 9,346.41 50-Indigent Health Care $ 48,324.68 62-1994 Jail Bond $ 375.00 70-Permanent Improvement $ 4,283.15 76-Juv Detention Facility $ 809.54 83-216` District Attorney $ 2,670.11 86-216` CSCD $ 2,791.89 87-Community Service $ 667.05 TOTAL $ 455,715.58 Upon motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO. 31 144 MONTHLY REPORTS Came to be heard this the 22nd day of September, 2008, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Approve the Monthly Reports from: JP # 1 JP #4 JP #2 District Clerk