' COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: 4 -H Horse Club OFFICE: 4 41 Horse Club MEETING DATE: April 26, 2010 TIME PREFERRED: 9:30 AM SUBJECT: Consider, discuss and take appropriate action on the 4 -H Horse Club's rebuttal comments regarding the April 12, 2010, Commissioners' Court Agenda — Item 1.12. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Gaylynn Hierholzer/Donna Hyatt ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Make sure any and all back up material is attached to this form. Page 1 of 1 Hierholzer, Gaylynn G - Hunt, TX From: Hierholzer, Gaylynn G - Hunt, TX Sent: Friday, April 23, 2010 1:58 PM To: 'RWalston @ag.tamu.edu' Subject: Commissioners Court Agenda Although "rough" right now, I will refine it!!!! !. Outdoor Arena Usage VS Indoor Arena Usage A. Wednesday (Tuesday and Thursday) Nights B. Clinics C. Rodeos 2. Outdoor Arena Improvements A. Repairs & Painting of Concession Stand and Fences B. New Appliances in Concession Stand C. New Arena Lights added D. New Wiring E. New Chairs in Announcers Stand F. Fair Usage is Monetarily adverse to the Horse Club 3. Safety Issues A. Bathrooms B. Gates Loose C. Arena Ground D. Roping off areas during usage of outdoor aren,q E. Indoor Arena Usage Hope this helps. Gaylynn /23/2010 Tessa cri ddi. April 23, 2010 On Wednesday, March 24, 2010 at about 8:30 am I went to the fairgrounds in my car to ask if 1 could ride in the indoor arena. There was no one in the office so I left a not on the desk with my cel phone number asking someone to call me about when ! could ride In the arena. I drove around the back of the show barn and the back and side doors were open and the lights were on. I found an employee in the pig barn and asked if t could ride in the indoor arena. He said had to check with Tim and gave me his phone number. I dialed 830 -454 -4872 at 8:53 am from my car at the pig barn. The person identified himself as Tim and I asked if I could ride in the arena. hie told me that it was being used for a roping that weekend. I told him it was only Wednesday. I asked him if the arena was privately owned and it I could talk to the owner, he said it was owned by Kerr County. I then asked him who I could call to use the arena because In the past t had called Sheldon and put my name on the Iist to use the arena and it wasn't a problem. l asked Tim if the 4H Horse Club was going to be able to practice in the indoor arena that evening and he told me no because the tax payers would have to pay for an employee to be present and the tax payers didn't want to do that. I then asked Tim again who I could talk to about using the arena because it was not a problem in the past, Tim became very Irritated with me then told me if I came during normal business hours ! could use the arena. I repeated what he said that I could use the arena during normal business hours and he said that was correct. So 1 told him i would be right back with my horses. I parked my truck and trailer by the back of the arena. 1 entered through the back door, by the stalls, which was already open. I entered the arena et the nearest gate and tied one horse while ! rode the other, i rode for about 2 hours. There were community service workers sitting near the back of the arena and employees walking around the arena during the time I was riding. 1 put the barrels back where i found them and left. I did not open any doors or turn on any lights while I was at the arena. On Wednesday, March 31, 2010, I entered the indoor arena through the side door with my daughter and our horses about 3:30 in the afternoon. We walked two circles around the arena and an employee came and told us that we were not supposed to use the arena because it was going to be used on Friday. I told him I had been told by Tim that 1 could use the arena during normal business hours and the employee told me I had to check with the Extension Office. We walked out of the arena through the side door and were met by LauHnda Boyd and the employee, She told me no one was to use the arena unless It was a scheduled function and that the issue was being heard at commissioner's court. I apologized and explained that it was my understanding that I had gone through the proper channels and assumed I was given correct information and instruction about using the arena. She unlocked the 4H arena and we rode over there. Tessa Friddle April 23, 2010 As a resident of Kerr County i would greatly appreciate being able to use the indoor arena to work my horses. I find that the rain this year has been issue getting my horses exercised. i also find that horses need to experience a completely enclosed arena when they have not done so In the past. They act different when in a new setting and it would be a great help to me and others to be able to use the facility which Is owned by our county. I agree that rules have to be in piece to manage the indoor arena but it seems that there can be some compromise that will suit everyone. Certainly no minors should be left alone to ride, only with an adult present. In the past there was a sign up sheet in the office so that everyone knew who was using the arena at what time and If there was any trash or damage It was clear who was responsible. At other arenas I've used to work my horses, everyone who entered the arena had a signed release on Ole and signs were posted stating the codes that protect the facility owners from damages. Thank you, Tessa Friddle 830- 329 - 8343 Tessa i=riddis April 23, 2010 On Wednesday, March 24, 2010 at about 8:30 am i went to the fairgrounds in my car to ask if I could ride In the indoor arena. There was no one in the office so I left a note on the desk with my cell phone number asking someone to call me about when ! could rids in the arena. I drove around the back of the show barn and the back and side doors were open and the lights were on. [found an employee In the pig barn and asked if 1 could ride in the indoor arena. He saki I had to check with Tim and gave me his phone number. f dialed 830 -459 -4872 at 8:53 am from my car at the pig barn. The person identified himself as Tim and i asked if I could ride in the arena. He told me that It was being used for a roping that weekend. !told him it was only Wednesday. I asked him if the arena was privately owned and If I could talk to the owner, he said it was owned by Kerr County. I then asked him who I could call to use the arena because In the past l had called Sheldon and put my name an the Iist to use the arena and it wasn't a problem. I asked Tim if the 4H Horse Club was going to be able to practice in the indoor arena that evening and he told me no because the tax payers would have to pay for an employee to be present and the tax payers didn't want to do that. ! then asked Tim again who 1 could talk to about using the arena because It was not a problem in the past, Tim became very irritated with me then told me if i came during normal business hours i could use the arena. I repeated what he said that i could use the arena during normal business hours and he said that was correct, So 1 told him ! would be right back with my horses. I parked my truck and trailer by the back of the arena. i entered through the back door, by the stalls, which was already open. I entered the arena at the nearest gate and tied one horse while i rode the other, i rode for about 2 hours. There were community service workers sitting near the back of the arena and employees walking around the arena during the time 1 was riding. 1 put the barrels back where !found them and left. i did not open any doors or turn on any lights while i was at the arena. On Wednesday, March 31, 2010, I entered the indoor arena through the side door with my daughter and our horses about 3:30 In the afternoon. We walked two circles around the arena and an employee came and told us that we were not supposed to use the arena because it was going to be used on Friday. I told him i had been told by Tim that i could use the arena during normal business hours and the employee told me i had to check with the Extension Office. We walked out of the arena through the side door and were met by Laurinda Boyd and the employee, She told me no one was to use the arena unless it was a scheduled function and that the issue was being heard at commissioner's court. I apologized and explained that it was my understanding that i had gone through the proper channels and assumed I was given correct information and instruction about using the arena. She unlocked the 4H arena and we rode over there. Tessa Friddle April 23, 2010 As a resident of Kerr County I would greatly appreciate being able to use the indoor arena to work my horses. I find that the rain this year has been issue getting my horses exercised. 1 also find that hearses need to experience a completely enclosed arena when they have not dons so In the past. They act different when in a new setting and it would be a great others to. be able to use the facility which Is owned by our county. I agree that e rules have to be In piece to manage the indoor arena but ft seems that there can be Lorne compromise that will suit everyone. Certainly no minors should be left alone to ride, only with an adult present. In the past there was a sign up sheet in the office so that everyone knew who was using the arena at what time and if there was any trash or damage it was clear who was responsible. At other arenas I've used to work my horses, everyone who entered the arena had a signed release on file and signs were posted stating the codes that protect the facility owners from damages. Thank you, Tessa Friddle 830- 3294343 Texas Equine Law Page l of 3 AN ACT relating to limiting the liability of certain persons for equine activities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION I. Title 4, Civil Practice and Remedies Code, is amended by adding Chapter 87 to read as follows: CHAPTER 87. LIABILITY FOR EQUINE ACTIVITIES Sec. 87.441. DEFINITIONS. In this chapter: (1) "Engages in an equine activity" means riding, handling, training, driving, assisting in the medical treatment of, being a passenger on, or assisting a participant or sponsor with an equine animal. The term includes management of a show involving equine animals. The term does not include being a spectator at an equine activity unless the spectator is in an unauthorized area and in immediate proximity to the equine activity. (2) "Equine animal" means a horse, pony, mule, donkey, or hinny. (3) "Equine activity" means: (A) an equine animal show, fair, competition, performance, or parade that involves any breed of equine animal and any equine discipline, including dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, driving, pulling, cutting, polo, steeplechasing, English and Western performance riding, endurance trail riding and Western games, and hunting; (B) equine training or teaching activities; (C) boarding equine animals; (D) riding, inspecting, or evaluating an equine animal belonging to another, without regard to whether the owner receives monetary consideration or other thing of value for the use of the equine animal or permits a prospective purchaser of the equine animal to ride, inspect, or evaluate the equine animal; (E) informal equine activity, including a ride, trip, or hunt that is sponsored by an equine activity sponsor; (F) placing or replacing horseshoes on an equine animal; or (G) without regard to whether the participants are compensated, rodeos and single event competitions, including team roping, calf roping, and single steer roping. (4) "Equine activity sponsor" means: httpJ/ www. americanequestrian.com/1ega1/TX.htm 4/25/2010 Texas Equine Law Page 2 of 3 (A) a person or group who sponsors, organizes, or provides the facilities for an equine activity, including equine facilities for a pony club, 4-14 club, hunt club, riding club, therapeutic riding program, or high school or college class, program, or activity, without regard to whether the person operates for profit; or (B) an operator of, instructor at, or promoter for equine facilities, including a stable, clubhouse, pony ride string, fair, or arena at which an equine activity is held. (5) "Equine professional" means a person engaged for compensation: (A) to instruct a participant or rent to a participant an equine animal for the purpose of riding, driving, or being a passenger on the equine animal; or ) to rent equipment or tack to a participant. (6) "Participant" means a person who engages in an equine activity, without regard to whether the person is an amateur or professional or whether the person pays for the activity or participates in the activity for free. Sec. 87.002. APPLICABILITY OF CHAPTER. This chapter does not apply to an activity regulated by the Texas Racing Commission. Sec. 87.003. LIMITATION ON LIABILITY. Except as provided by Section 87.004, any person, including an equine activity sponsor or an equine professional, is not liable for property damage or damages arising from the personal injury or death of a participant if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of equine activity, including: (1) the propensity of an equine animal to behave in ways that may result in personal injury or death to a person on or around it; (2) the unpredictability of an equine animal's reaction to sound, a sudden movement, or an unfamiliar object, person, or other animal; 3) certain land conditions and hazards, including surface and subsurface conditions; (4) a collision with another animal or an object; or (5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or another, including failing to maintain control over the equine animal or not acting within the participant's ability. Sec. 87.004. EXCEPTIONS TO LIMITATION ON LIABILITY. A person, including an equine activity sponsor or an equine professional, is liable for property damage or damages arising from the personal injury or death caused by a participant in an equine activity if: http:// www. amencanequestrian .comllegaltTX.htm 4/25/2010 Texas Equine Law Page 3 of 3 (1) the injury or death was caused by faulty equipment or tack used in the equine activity, the person provided the equipment or tack, and the person knew or should have known that the equipment or tack was faulty; (2) the person provided the equine animal and the person did not make a reasonable and prudent effort to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the equine animal, taking into account the participant's representations of ability; (3) the injury or death was caused by a dangerous latent condition of land for which warning signs, written notices, or verbal warnings were not conspicuously posted or provided to the participant, and the land was owned, leased, or otherwise under the control of the person at the time of the injury or death and the person knew of the dangerous latent condition; (4) the person committed an act or omission with willful or wanton disregard for the safety of the participant and that act or omission caused the injury; or (5) the person intentionally caused the injury or death. Sec. 87.005. WARNING NOTICE. (a) An equine professional shall post and maintain a sign that contains the warning contained in Subsection (c) if the professional manages or controls a stable, corral, or arena where the professional conducts an equine activity. The professional must post the sign in a clearly visible location on or near the stable, corral, or arena. (b) An equine professional shall include the warning contained in Subsection (c) in every written contract that the professional enters into with a participant for professional services, instruction, or the rental of equipment or tack or an equine animal. The warning must be included without regard to whether the contract involves equine activities on or off the location or site of the business of the equine professional. The warning must be clearly readable. (c) The warning must be as follows; -- ----- --- -- 1 1 WARNING UNDER TEXAS LAW (CPTER IS NOT 87, CIV IL P LI ABLE POR RACTI AN IN F CE ANI3 REMEDIES TO Oil CODE), J. EQ� PROFESSIONAL HA R THE _ D EATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE _ INHERENT RISKS OF EQUINE ACTIVITIES. SECTION 2. This Act takes effect September 1, 1995, and applies only to a cause of action accruing on or after that date. A cause of action accruing before the effective date of this Act is governed by the law in effect at the time the action accrued, and that law is continued for that purpose. http: tl www. americanequestrian .comllegaUTx.htm 4/25/2010