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KE2P COUNTY COMMISSIONERS COURT
Special Sess_on
Monday, June 21, 2010
9:C0 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. _
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
BRUCE OEHLER, Commissioner Pct. 4
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June 21, 2010
PAGE
- -- Visitors' Input 7
- -- Commissioners' Comments 20
1.1 Open bids received for repairs to Fiat Rock &
Ingram Dams; authcrize referral to Les Boyd, PE,
Freese and Nichols, for review /recommendation
Consider /discuss, take appropriate action to
approve Triangle J Trail S., a private road
name in Precinct 4
Consider /discuss, take appropriate action to
set a public hearing for revision of plat of
Lot 17 of Staacke Ranch Subdivision, Pct. 3
1.6 Consider /discuss, take appropriate action to
set a public hearing for placing 3 stop signs
and 1 yield sign in Shalako Estates, Pct. 4
1.7 Public Hearing for revision, of plat for Tracts
130 & 131 of Y.C. Ranchlands, Section Three,
Precinct 4
Consider /discuss, take appropriate action to
approve Interlocal Cooperation Agreement between
Kerr County and Center Point ISD for alleviation
of flooding issues in Center Point
1.10 Public Hearing regarding revision of plat for
Lcts 23 -A and 23 -B of Twin Springs Ranch II,
Precinct 2
1.3 Consider /discuss, take appropriate action
regarding South Texas Blood and Tissue doing a
blood drive 08 -C4 -10 in courthouse parking lot
1.8 Consider /discuss, take appropriate action to
allow Kerr County Juvenile Detention Center to
enter into contracts with various counties for
"secure pre- adjudicated residential services"
Consider /discuss, take appropriate action to
address possibility of prohibiting sale or use
of restricted fireworks (skyrockets with sticks &
missiles with fins) in any portion of the
unincorporated area of Kerr County pursuant to
Local Government Code for 4th of July holiday
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I N D E X (Continued)
June 21, 2010
2AGE
1.12 Consider /discuss, take appropriate action to
review concept plan for Lot 15 of Verde Park
Estates, Section 2, Precinct 2 44
1.13 Public Hearing to discuss County Clerk's annual
plan for funding preservation and restoration of
the County Clerk's records archive 47
1.14 Public Hearing to rescind Court Order regarding
Cummings Lane currently being maintained partially
by County and partially by residents 48
1.17 Public Hearing concerning installat'on of a stop
sign at Roadrunner Ln. and Sandy Ln., Precinct 2 58
Consider /discuss, take appropriate action to
approve final revision of plat for Lots 23 -A
and 23 -8 of Twin Springs Ranch II, Precinct 2 59
Consider /discuss, take appropriate action for
final approval to install stop sign on Roadrunner
Ln. and Sandy Ln., Precinct 2 60
Consider /discuss, take appropriate action to
allow Maintenance Depar`ment to hire a part -time
person three days a week for summer months 61
Consider /discuss, take appropriate action to
authorize Request for Proposals /bids for nine
air conditioning units at jail, contingent on
execution of contract for acceptance of SECO
grant funds 62
1.19 Consider /discuss, take appropriate action
concerning approval of bid by Guardian Security
for security camera system for Kerr County
Sheriff Annex 67, 142
1.20 Consider /discuss, take appropriate action to
approve applying for 2010 Edward Byrne Memorial
Justice Assistance Grant for $88,000 for Automated
Fingerprint Identification System (AFIS) --
1.21 Consider /discuss, take appropriate action to
approve reapplying for 2010 COPS Hiring Program
grant for two officers' salary & benefits for
three years 76
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I N D E X (Continued)
June 21, 2010
PAGE
1.22 Consider /discuss, take appropriate action to
rescind Court Order #31725 which directed the
County Attorney to request an Attorney General
opinion on the applicability of the Model
Subdivision Rules in the ETJ and invoke the
Arbitration Clause under Chapter 242 of the
Local Government Code to resolve the issue of
subdivision rules in the ETJ 79
-.23 Consider /discuss, take appropriate action on
resolution to LORA and PUC related to trans-
mission line routes 80
Update from Representative Harvey Hilderbran on
LCRA's proposed CREZ transmission line proceedings
before Texas Public Utility Commission and /or
discussion of _possible criteria to be considered
in determining location of such line 89
i.24 Consider /discuss, take appropriate action to
authorize Kerr County to join with City of
Kerrville as_ntervenors in LCRA's CREZ
transmission line matter pending before the
Public Utility Commission
1.25 Consider /discuss, take appropriate action on
calling for road district in a portion of Lazy
Valley Subdivision; set public hearing for same
1.26 Consider /discuss, take appropriate action on
calling for road district in a portion of Castle
Lake Subdivision; set public hearing for same
Consider /discuss, take appropriate action to
receive audit report by Kerr County Auditor of
the office of the Kerr County Attorney
1.28 Consider /discuss, take appropriate action to
approve preliminary Kerr County budget calendar
and dates for budget workshops
Consider /discuss, take appropriate action
regarding abandonment of county road through
Ingram Little League property; set public
hearing on same
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I N D E X (Continued)
June 21, 2010
PAGE
1.30 Consider /discuss, take appropriate action to
authorize signage at Flat Rock Lake Park relating
to pet waste resulting in increased levels of
bacteria as monitored by UGRA in the Riverside
Parks area of Guadalupe River 113
1.31 Consider /discuss, take appropriate action on
capital /personnel /financial matters relating to
Airport Services Agreement between Airport Board
& Kerr County to become effective October 1, 201C 122
1.32 Consider /discuss, take appropriate action to
reject the Rubio Construction bid for sewer
construction improvements, Phase IV, Kerrville
South Wastewater Project due to lack of available
grant funds; TxCCBG Contract No. 728065 143
1.33 Consider /discuss, take appropriate action to
authorize project engineer to modify plans and
specifications and rebid contract for sewer
improvements in Kerrville South Wastewater
Phase 1V; TxCDBG Contract No. 728065 145
Consider /discuss, take appropriate action on
Change Order #2 to contract with Kendnel Kasper
Construction, Inc. on Kerr County Sheriff's Annex/
Adult Probation Building project 148
1.35 Consider /discuss, take appropriate action to
adopt resolution in support of Hill Country
Telephone Cooperative in its efforts to provide
local calling services throughout its entire
service area 151
1.36 Consider /discuss, take appropriate action to
notify TWDB of our intention to request 90 -day
extension of Grant Agreement No. G090003 set to
expire on August 31, 2010 155
1.37 Consider /discuss, take appropriate action
regarding occupancy of new Sheriff's Annex/
Adult Probation facility 159
1.38 Consider /discuss, confer with County Attorney,
take appropriate action on possible litigation
regarding enforcement of Texas Health & Safety
Code in connection with Animal Control Department 177
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I N D E X (Continued)
June 21, 2010
PAGE
1.40
Consider /discuss, take appropriate action to
open bids for one 2010 F150 Ford truck for
Environmental Health Dept. & two 2010 F150
Ford trucks for Animal Control; award contract
178
4.1
Pay Bills
181
4.2
Budget Amendments
- --
4.3
Late Bills
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4.4
Approve and Accept Monthly Reports
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5.1
Reports from Commissioners /Liaison Committee
Assignments
183
5.2
Reports from Elected officials /Department Heads
- --
3.1
Action as may be required on matters discussed
in Executive Session
184
- --
Adjourned
186
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Cn Monday, June 21, 2010, 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 scheauled meeting of the
Kerr County Commissioners Court scheduled and posted for this
date and time, Monday, June 14t:., 2010, at 9 a.m. It is that
time now. If you would, please,.if you'd stand oin me in a
moment of prayer followed by the pledge of allegiance.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. Please be seated. At
this time, if there's any member of the public or the
audience that wishes to be heard on a matter that is not a
listed agenda item, this is your opportunity to come forward
and tell us what's on your mind. If you wish to be heard on
a listed agenda item, we'd ask that you fill out a
participation form. There should be some located at the rear
of the room. That dives me advance notice that there's
someone that wishes to be heard on that particular agenda
item. However, if we get to that agenda item and you haven't
filled out a participation form, get my attention in some
manner; I'll give you the opportunity to be heard. But right
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MS. HALL: Good morning, Judge Tinley,
ers. I'm Rose Hall, a resident of Kerr County at
opportunity. This morning, I speak representing my community
of faith, the Hill Country Society of Friends, more readily
recocnized as Quakers. We want to support the project for
homeless veterans proposed for the Kerrville Veterans
Administration medical complex. While we are pacifists, we
want the men and women who serve in the military to come home
from war injured and fragile and in danger of losing their
homes, or have already lost them, to be cared for until they
are able to take up their lives here at home. I am assured
that you are also members of the Christian _faith, and your
public service here speaks of your dedication. You are
people who take care of things, and conversely, use things to
take care of people. It is that balance, using people to
take care of things and using things to take care of people,
that we come forward to support.
The Kerrville Daily Times, in its weekend edition,
efficiently provided this community with information about
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the shelter -- the proposed shelter for homeless veterans of
have lately been raised in the press. We are assured that by
July, the favored private contractor will submit its proposal
to the Veterans Administration. We have a timeline going
forward to the project's completion. The structure that
forms the base of that proposal is readily available from the
Department of Veterans Affairs. I was able to Google
"Proposal for a homeless shelter for veterans, Kerrville,
Texas," and follow the process, fill in basic form providing
"none" when asked fer my company name. You will then be
registered and can download the entire Request for Proposal
or RFP -- it's number VA10109RPC14 _ -- in its 112 -page
entirety.
It contains the detailed specifications for this
above -named proposal, and in July may become a contract
between the Department of Veterans Affairs and the preferred
contractor. The private contractor bears the responsibility
for all matters related to the V.M.C. -- V.A.M.C., excuse me,
Kerrville, gaining cooperation from the community,
negotiating all matters relating to the property, of cetera.
A� some point between now and 2013, the local officials will
be asked to provide fire, police, and sewage for this
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acility, as it does for many churches and nonprofits that
currently exist here. We, the Hill Country Society of
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Friends, ask that you embrace the proposal in the spirit of
both using people to take care of things and using things to
take care of people, and to res'st any idea of opposing this
protect. In addition, we ask that you cooperate with tae
City Council to provide an open forum so that all of us are
well - informed. Thank you for this time.
JUDGE TINLEY: Thank you, Ms. Hall. Anvone else
wish to be heard? This gentleman was up first, if you don't
mind. Come forward and give us your name and address; tell
MR. CANTRELL: Morning. My name's 3ill Cantrell; I
live at 428 Saddle Club Drive, and I'n here to talk about the
Kerrville V.A. homeless project as well. I know we all
support the veterans. I've seen all of you at all of the
Memorial Day and Veterans Day functions. Now, I get nervous
talking, so I've printed out some things, and if you don't
mind, I think I'll read then. Then I'll say a little
something. Many of our veterans have returned home finding
themselves affected by different situations, such as finding
their old job gone, new jobs hard to find-, famlly demands
difficult, and lacking the skills and resources to deal with
these problems. Coming from a combat zone adds another
burden to all of these problems. The sounds of the rocket
and the mortar blast, the constant fear of when the IUD or
the sniper's bullet will find you, these pictures etched in
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the eye of your soul. You return home and feel engulfed with
a sense of aloneness. Nobody really understands except your
buddies, but they aren't all around you now. There's pain
now of a different sort. Nightmares and doubts, and aspirin
won't help this pain. Many find alcohol and drugs make the
pain subside, and you find yourself sinking into a spiral of
bleak despair, and you find yourself wanting to retreat from
this painful world, because nobody understands, and frankly,
you scare some of the people closest to you.
I'm a combat veteran. I spent a year in Vietnam in
ICOR supporting the Marines and the Airborne. A year. I
look at my year and I wonder, how does that compare to some
of these young men and women that have spent two and three
tours in the combat zone? I came back. When I got off the
airplane, I was spit on. I know you've all heard these'
stories. I had problems. I didn't understand what the
problems were; I just knew I had problems. And I got some
help. I was sent to the Vietnam Veterans Center in Fort
Worth, and I spent 10 months of therapy for P.T.S.D.,
post- traumatic stress disorder. I was able to come out of
it. You know, I'm still troubled by it; I still feel things
at times, but I don't scare people so much any more, I don't
think. But I was able to go on with a successful career,
flew 30 years for Delta Airlines.
And all I'm asking is, I know that the
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Commissioners Court has not come out and expressed your
opposition to this plan. I know you haven't. m just
They've been very
they were having a meeting the next day. I had read the same
report from the San Antonio Express News that all of you
read, that there was an answer coming cat very shortly, but
there was nothing on the agenda from the City Council. So, I
went to this Hill Country Veterans Council, and at that
meeting -- I sat there the whole meeting; they allowed me to
stay. At that meeting, the three people from the Kerrville
V.A. -- Robin Gutierrez, Chief Madison -- came and they
spoke. They arrived 30 minutes after the meeting started,
and they spoke for about 20 minutes. At the end of that
time, a group of _"our came in, including Marie Weldon, who is
the director of South Texas V.A. Health Care System, and she
came up with a whole bunch of answers that I -- listening to
General Schellhase, nobody had heard any of these answers
before. Some of these answers I think some of you haven't
heard yet, because they haven't been released. They aren't
in the minutes of that meeting.
So, all I'm asking is if you would hold bat's your
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oppos_tion until you get some more answers, because I'm aware
that the V.A. sometimes can be turned from. their course,just
by hearing that the major stakeholders of -- of an area are
opposed to something. They find it easier just to back off
that. That's what I'm afraid they'll do. And this is tru -y
a nonpartisan thing. This is not Democrat or Republican or
Libertarian. This is for our veterans. And whether you
agreed with one administration or another on sending cur
-roops to a war zone, the thing is, they were sent, and
ultimately it is us who sent them. And it is we who are
responsible for them. Thank you.
JUDGE TINLEY: Thank you, Mr. Cantrell. Yes, .sir?
Come forward and give us your name and address.
MR. SNOW: My name is Billy Snow. Address is 760
Johnson Drive, Kerrville, Texas. Good morning, Your Honor,
Commissioners. I'm here on behalf of the state 4 -H shooting
sports program, as a member of the state training committee
and the coordinator for the Junior Ambassador program for
shooting sports statewide to extend the first, and more of an
informal invite to all the members of the Court and to make
y'all aware, starting June 29th this year, Texas will be
hosting the national 4 -H shoot here in Kerrville, Texas. We
will also have it next year; it is a two -year contract on
rotation. We were the instigators in the beginning of it
some 11 years ago. But the opening ceremonies for that
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program will be at the Tivy High School gym on Tuesday
evening, June 29th, at approximately 7 p.m. And we will have
a more formal -- or a representative of the Ambassadors here,
probably by your next meeting, the day before. 3ut I wanted
to make sure it gets on your agenda and to make y'all aware,
we're fixing to be representing -- or hosting some 600 youth
from over 30 states in here for a week, and we expect that
the impact on this community is somewhere in the neighborhood
of 3,000 to 3,500 room nights, and to also tell you that
Texas will be trying to continue the trend of winning the
overall high national trophy for 11 years running. Thank
y'all.
JUDGE TINLEY: Thank you, Mr. Snow. Anyone else?
Yes, sir. Come forward, please, and give us your name and
address.
MR. MYERS: Good morning. I'm Jim Myers. My
address is 360 Saddle Club Drive in Kerrville. I'd like to
speak to the homeless veterans issue. A few days ago, I
visited the City Counc'1 and I made a few comments there.
And, basically, I am a member of the Quaker community here,
and I think that we have brought an issue not only to the
City, but we hope to bring it here to the County
Commissioners, that we really need to get behind this project
that the V.A.'s proposing. And it's under way, actually, so
the train is sort of 'leaving the station, and I think that we
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should perhaps act on board. And as has been said before by
clearly they don't. So, we would ask that you support that.
And I would leave you with a couple other thoughts.
deployment. It's more likely that, almost after nine years,
not quite nine years of involvement, these troops are
probably on their fifth, sixth, or seventh deployment. One
just can't imagine the trauma, not only physical, but mental,
that these folks have from just being away from family or
being in a combat zone, being put at risk, and they're going
to come home to what? And I -- I quoted this lyric from a
tune by Eric Bogle. It has to do with the Battle of
Gallipoli
in World
War I.
It
was an
eight -month campaign
where the
British
invaded
the
-- sort
of that peninsula of
Turkey, and thought that they could just go ahead and sweep
through Turkey. There were some 141,000 allied casualties,
among whom there were 44,000 killed. The Turks suffered
251,000 casualties, of whom more than 86,000 lost their
lives. And between the 97,000 and 165,000 Turkish wounded,
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pulled into Circular Quay, I looked at the place where my
legs used to be, and thanked Christ there was no one waiting
for me, to grieve and to mourn and to pity. And the band
played Waltzing Matilda as they carried us down the gangway,
but nobody cheered. They just stood and stared, and then
turned a'_1 their faces away." Well, gentlemen, I would like
to ask you not to turn your faces away. I think this is an
important issue to have this homeless veterans project here,
and we should support it as a community and as a county.
Thank you for your time.
JUDGE TINLEY: Thank you, Mr. Myers. Anyone else
wish to be heard on any matter that is not a listed agenda
i-em? Seeing no one else seeking recognition, we will move
on. I want to recognize th -s morning -- our Agricultural
Extension people are here this morning, Roy Walston and Rene
Walls. They have some young people with them. And Laurinda
Boyd, of course, is the 4 -H Coordinator; she's here with her
kids, I guess is what she probably calls them. Roy, Rene,
Laurinda, whoever's going to be leading the charge here, come
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tell us what this is all about.
MR. WALSTON: Thank you, Judge. I'd like to take
y'all would come on up. This past week, we just -- we had an
oppor *_unity to spend basically all week at College Station
with our -- for our Texas 4 -H Roundup. If y'all would just
stretch that across right there? There you go. This last
week, we had 17 4- Hers, along with several adults and
volunteer leaders, and this was an opportunity that we get to
spend each year, first week.in June, and it's something that
these kids look forward to. They work a lot of hours in
their various contests, and I'd like just to share this
opportunity
with
you and
explain
some of
the
results of
their -- of
their
awards.
This
-- this
year,
we start --
they had a lot of changes to 4 -H Roundup. There was a lot of
changes; we've got some new leadership in the Texas 4 -H
system, and with that came a lot of the changes. One of the
changes that came is a sweepstakes award for the high -point
county out of the state that won the most points in
livestock, as well as -- they had another sweepstakes for
family consumer science.
Kerr County was the high -point county and won the
sweepstakes for generating the most points in the livestock
division. They did this with a first -place high -point team
in the mohair judging contest. Also a third -place high -point
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team in mohair judging. Also, a first place in the sheep and
goat demonstration, a third place in grass identi= ication,
and we also had a fourth place in our Share the Fun skit. We
had 17 kids, as I mentioned earlier. These are -- these are
part of the group that we got to take. The rest of them
weren't able to be here. We'd like to have had them all.
I would like to go ahead and introduce those to
you. Leah Bauer, Colton French, Daniel Haverlah, and Rachel
Taylor made up our grass identification team. Amanda Weaver,
Katelyn Mitchell, Tess Dula, and Jackie Nentwich made up our
first -place mohair judging team. Katelyn is holding her
trophy. Katelyn is our lone graduating senior. We're going
to hate to see Katelyn leave. This is her last duty as a
4 -H'er, she told us, so we hate -- Katelyn moved here two
years ago from Houston. Last year she was third -high
individual at the state mohair contest, so we've enjoyed,
Caitlin's time with us. Ashley Walters, Adair White, Thomas
Frizzell, and Ethan Muehlstein were third -place people in
mohair judging. We have Ethan and Adair here. Danielle
Snow, Jake Behrens, and Fred Tally -Foos were on our Share the
Fun team. Nick Randal is on our State 4 -H Council. Nick is
our fourth member in the past four years that's served on
State 4 -H Council here from Kerr County, and I'd like to give
him a little time to explain to you exactly what they do on
state council.
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MR. RANDAL: Do I need to ccme over there? This
year, as part of our Texas 4 -H Council, we got the
opportunity to perform two major duties. Every other year,
we have a state congress where 4 -H'ers from all over the
state of Texas come in and they -- the high school youth, and
they come in and participate in a mock congress session. We
have, you know, a full Senate, House, the governor, all of
that, and we come in where they have submitted bills -- the
student -- or the 4 -11'ers have submitted bills, and we come
in and we discuss then, and we actually talk about them and
vote about them, submit them to ,-he governor, and then,
depending on what we rule as something good, we actually
submit them to the governor here. And that's state congress.
Like he said, there was a roundup, too. The roundup -- the
major role that we play in that is running -- not the
competitions, but lining everything up and everything that
will be -- we hand out awards and stuff like that. So...
MR. WALSTON: Thank you. Do y'all have any
questions for the kids?
JUDGE TINLEY: Anybody got any questions?
COMMISSIONER LETZ: Congratulations.
JUDGE TINLEY: Fine, fine group of young people.
COMMISSIONER BALDWIN: Fantastic.
JUDGE TINLEY: I'll reiterate the comment that I
make frequently, that as the presiding juvenile judge,
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don't see these young people in my court.
They're
doing
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MR. WALSTON: If you do, let me know. (Laughter.)
JUDGE TINLEY: So, I don't see them. It's a
wonderful program. We appreciate what you're doing.
MR. WALSTON: Well, thank you. We don't have a
problem keeping them, busy.
JUDGE TINLEY: Thank you.
(Applause.)
JUDGE TINLEY: Commissioner Baldwin, do you have
something for us this morning?
COMMISSIONER BALDWIN: Yeah. I'd like to respond
to you guys about -- about the V.A. issue. If you remember,
about six months ago, I had contacted the V.A. folks and
scheduled a person to come from the V.A., come to this
Commissioners Court to explain to us what -- what this
homeless issue was all about. And it was -- in my mind, I
think yours as well, the reason that we wanted to know is
that -- so -- is there anything that we need to do to prepare
and to help them along? As an example, the Indigent Health
Care program, is there something that we need to do to tweak
teat to -- is that going to cause our Indigent Health Care
program to -- to do different things? And what can we do to
prepare for them? And they simply refused to come to this
Court to explain to us. We had them scheduled -- I had a
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='m all for
But as county
fathers, we do other things. We use taxpayers' money in our
budget process to meet all kinds of needs, and as a county
father, I would like to know what the issues are out there so
that we can do our job and meet the needs of the veterans.
It's as simple as that. Still waiting for them to come 'here
and tell us what they want us to do. That's all.
JUDGE TINIEY: Thank you. Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you, Judge. It's
always a pleasure to recognize individual achievement, and I
want to take just a moment to talk about a program and
introduce a young man to the court and to the aud_ence.
Workforce Solutions, located in our 11- county rural -- rrsra'
career centers in our 11 rural counties, had their Workforce
staff assisting about 2,700, close to 2,800 employers with
labor market information, job postings, employer incentives
and all sorts of things. Among the things that they do is
that they operate a Workforce Solutions summer youtn work
experience program for at -risk youth with multiple barriers
to employment, and about 70 youth in our 11 rural counties
participated in that. In the Alamo region, one of those 70
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is in the room with us today, and I want to introduce him to
the Court, just give you a little word about him and
recognize his signal achievement thus far.
Less than two years ago, this young gentleman,
Triet Nguyen, and his family moved to the United States in
skills necessary to gain employment. After six months of
English as a second language classes, and gaining his nigh
school diploma, Triet began looking for employment. He was
eligible to participate in the summer youth work experience
program, and he was enrolled in the program and began working
at Peterson Regional Medical Center as a radiology
technician. His supervisor was very impressed with his
progress and stated that he was a huge asset to the Radiology
Department, and was able and always eager, to help when
needed. Because of his exceptional attitude, she was able to
hire Triet after the conclusion of the summer youth program.
He was selected as the 2010 Kerr County Workforce System
Award of Excellence through Individual Achievement by
Workforce Solutions Alamo at the April board meeting of the
directors in Kerrville. He was also recognized by Alamo Area
Council of Governments at its last meeting. Triet started
full -time college in Alamo College in Kerrville working
towards a degree in business. He was selected as Alamo
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=_n. Triet, please come to the podium.
(Applause.)
MR. NGUYEN: Good morning, ladies and gentlemen.
pick "Kevin."
I
-- me and my
family
have :roved to
the United
States
of America
in November
2008.
We came here
to search
for American dream. The first impression of mine in here is
dogs wearing clothes. We eventually settle in Kerrville in
Judy 2009. At that time, I did not have enough English and
lacked the skills necessary to gain employment. Then I came
to work for Workforce Solution Center so they can help me to
find a job. They enroll me in a summer youth program. S
started my internship in August 2009 at hospital, Peterson
Regional Medical Center, as a radiology assistant. In my
opinion, the hospital is a great place to work. I was able
to interact with a lot of people every single day. I -- that
helped me to improve my English and learn more about American
culture. My job required excellent quality patient care
while transporting them to the Radiology Department. I,was
always eager to help when needed at any time.
After the internship, they offer me a permanent
position in the hospital, where I am still working at -- at
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the hospital. I started college in spring 2C10. During this
semester, I am taking basic courses toward a business degree
at Alamo Colleges Greater Kerrville Center. A lot happened
throughout this first semester. I was granted Neil and
Elaine Griffin Foundation Endowed Opportunity scholarship. I
was awarded the Excellence Through Individual Achievement
award by Workforce Solution Center. Then Alamo College honor
me as the -- with the student of the month for March. I
finished my first semester with 4.0 SPA. Thank you for
listening to me. I appreciate your time and interest. Thank
you.
COMMISSIONER WILLIAMS: Thank you very much, Triet.
I'd also like to introduce Gaylyn Dieringer, who heads up the
program for Workforce Solutions, and Gaylyn does an excellent
job of making this office jump, being in charge of this
program. We thank you for your consistent protessionali'sm
and doing what you do. Thank you.
MS. DIERINGER: Thank you. I just wanted to make a
comment. Last year we had this program, it was for students
19 to 24. This summer we have it again, and the ages are 16
to 24, and we have 25 slots. Last year we only had 17. So,
we're enrolling kids right now --
COMMISSIONER WILLIAMS: Very good.
MS. DIERINGER: -- that will work in the community.
COMMISSIONER WILLIAMS: Thank you, Triet. Thank
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you for being with us.
JUDGE TINLEY: Thank you.
(Applause.)
JUDGE TINLEY: Anything further, Commissioner?
COMMISSIONER WILLIAMS: Sir?
JUDGE TINLEY: Anything further?
COMMISSIONER WILLIAMS: No, thank you.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: I'have nothing.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: Long agenda. I'll just say
that Janie Whitt had a double bypass last Friday, and s'' ^e is
home. Got home on Saturday evening, and -- don't veil me no.
MS. HYDE: Two stints.
COMMISSIONER OEHLER: I said two.
MS. HYDE: Not double bypass.
COMMISSIONER OEHLER: I stand corrected by the lady
in green. Anyway, she's doing well, and she's home. And
that's it.
JUDGE TINLEY: Okay. Thank you, Commissioner.
Need someone here to grade your paper on a constant basis.
COMMISSIONER OEHLER: Always a good thing. I need
grading.
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TINLEY: Okay.
Let's move
on with
our
agenda.
We've
got a number of
-- quite a
lengthy
agenda
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today. The first item is a timed 9 o'clock item; it's a bit
past that time now. That is to open the bid received for
repairs to Flat Rock and Ingram Dams and authorize referral
to Les Boyd, professional engineer with Freese and Nichols,
for review and recommendation. It appears that we have --
looks like one bid from Lassen, Inc., doing business as Mike
Larsen Company. Let's see where they're from. Looks like
they're Austin, San Antonio, Dallas /Fort Worth, and Houston.
There are several different bids. Base bid for Flat Rock,
287,598. Alternate for Flat Rock, 323,775. Base bid for
Ingram, 119,620. Al ternate for Ingram, looks like it
increases by 14,848. Base bid for both, 407,218, it looks
like. And base bid for both with alternates, $458,243. I'm
not aware of any other bids received. Any others turned in?
MS. GRINSTEAD: Not that I know of. There was a
wrong -- they put Suite 200 on there. We don't nave a Suite
200. This gentleman ran all around the building to find us.
But as far as I know, there's nothing else.
JUDGE TINLEY: Just this one? Okay.
COMMISSIONER WILLIAMS:, Judge, I would move that we
refer the bid to Mr. Tanner Griffin of Freese and Nichols for
their review and subsequent recommendation.
COMMISSIONER LETZ: Second, with a question.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion?
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COMMISSIONER LETZ: The agenda item says referring
it to Les Boyd at Freese- Nichols.
COMMISSIONER WILLIAMS: Weli, Mr. Boyd couldn't
make it, so he sent Mr. Griffin.
COMMISSIONER LETZ: Want to accept this and refer
it to Freese - Nichols?
COMMISSIONER WILLIAMS: Freese - Nichols.
JUDGE TINLEY: Picky, picky, picky.
COMMISSIONER WILLIAMS: Picky, picky, picky.
JUDGE TINLEY: Any other question or discussion on
the motion?
COMMISSIONER OEHLER: I think somebody --
JUDGE TINLEY: Somebody needs to sharpen their,
pencil. 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.
COMMISSIONER WILLIAMS: If you want to pick it up,
you can be on your way. And Mr. Boyd and I will talk.
JUDGE TINLEY: Okay, thank you. We'll move to Item
4, which was a 9:15 timed matter, that being to consider,
discuss, take appropriate action to approve Triangle J Trail
South, a private road name in Precinct 4. Mr. Odom?
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MR. ODOM: Good morning, Judge. This is a road
name change -- or a name for a private road. The name of it
is Triangle J Trail. It is located off Antler Pass, which is
off of Indian Creek. And this road is a private road that is
privately maintained by the landowner. At this time, we ask
the Court for their approval for the private road name
Triangle J Trail South 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? Ail 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. Next item
will be a 9:20 timed item; it is past that t_me now. Item 5,
consider, discuss, take appropriate action to set a public
hearing for the revision of plat of Lot 17 of Staacke Ranch
Subdivision located in Precinct 3. Mr. Odom?
MR. ODOM: Yes, sir. This is a larger tract of
property off Staacke Ranch Road, or Bear Creek in Bandera
County, it's called. It goes through three different
counties, and we're in the middle. This is -- Dr. Wise
previously had sold some property. Allowing this revision of
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plat will clear up this discrepancy and will allow him. to
have 17 -- have 17A, which is 30 acres, 17B, and 17C, and
which he would be able to sell his property. So, at this
time, we ask the Court to set a public hearing for July the
26th, 2010, at 9:30 a.m., for revision of plat for Lot 17 of
Staacke Ranch Subdivision, Volume 5, Page 77, Precinct 3.
COMMISSIONER LETZ: We're just setting a public
hearing, correct?
MR. ODOM: Yes.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to set a
public hearing on the matter for July 26, 2010, at 9:30 a.m.
Question or discussion on the motion?
COMMISSIONER LETZ: Just a quick question. Len,
this is the -- basically the plan that we discussed, correct?
MR. ODOM: That is correct.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Further question or discussion? All
in favor of the motion, signify by raising your right hard.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carries. Let's go to
Item 6, a 9:25 a.m. timed item. Consider, discuss, take
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appropriate action to set a public hearing for placing three
stop signs and one yield s'_gn in Shalakc Estates located in
Precinct 4.
MR. ODOM: Yes, sir. This is -- Mr. Thorson made a
request on May the 26th for the County to install some stop
and yield signs in Shalako Estates. It is a unique deal_ It
sort of splits -- the way this is, one road goes up and it
splits left, splits right. And these -- I gave you the
various locations where this is, as well as a map. And we
feel like these stop signs and all should have been done, but
this was a long time ago, before I got here, and never were
installed. And they've had more development up on top on a
private road, as well as back behind this gentleman that
lives at the corner. And we ask the Court to set a public
hearing for July 26th, 2010, at 9:15 a.m. for authorization
to set these stop signs and yield sign.
COMMISSIONER OEHLER: Move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item to seta public hearing on the
matter for July 26th, 2010, at 9:15 a.m. 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.
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(No response.)
JUDGE TINLEY: Motion does carry. We'll go to our
9:30 a.m. timed item. At this time, I will recess the
Commissioners Court meeting and I will convene a public
hearing for the revision of plat for Tracts 130 and 131 of
(The regular Commissioners Court meeting was closed
at 9:40 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 -- excuse me -- any
member of the public or audience that wishes to be heard, with
respect to the revision of plat for Tracts 130 and 131 of
Y.O. Ranchlands, Section 3, located in Precinc- 4? Bearing
-- seeing no one seeking the attention of the Court or coming
forward, I will close the public hearing with respect to the
revision of plat for Tracts 130 and 131 of Y.O. Ranchlands,
Section 3, located in Precinct 4.
(The public hearing was concluded at 9:40 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: I will reconvene the Commissioners
Court meeting, and let's go to Item 2, to consider, discuss
take appropriate action to approve interlocal cooperation
agreement between Kerr County and Center Point ISD for
alleviation of flooding issues in Center Point, Texas.
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Mr. Henneke, County Attorney.
MR. HENNEKE: Thank you, Judge. I'll defer to
Commissioner Williams, and then I'll answer any questions the
Court may have.
COMMISSIONER WILLIAMS: I was contacted by the
school district; they have some significant flooding problems
on West Kelly Street as it_ntersects with 1350. There's not
much ability to take stormwater off of that street, and the
water keeps cascading down Kelly Street when we have heavy
rains. And their experience has been they've got a couple
buildings, one of which is, I believe, the 4 -H or F.F.A.
building -- I forgct which -- that gets flooded out very
frequently. So, they contacted -- the school district
superintendent contacted me and wondered if we could come out
and be of some assistance in helping then: shoot some grades
and determine how perhaps they could take some of the
stormwater off and get it away from Kelly Street and the'?r
buildings. That's what this is all about. And I talked to
the County Attorney, and he prepared this interloca_
agreement. It's to allow us to do shooting of the grades and
be of assistance to them in helping them divert some
stormwater. That's been sicned by the school superintendent,
and that's exactly what it's all about. I would move
approval.
COMMISSIONER LETZ: Second.
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JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion on the
motion?
COMMISSIONER BALDWIN: Are we talking about going
on private property or school property? Or are we talking
about taking care of our property?
MR. HENNEKE: Well, it's both, Commissioner.
It's -- the Center Point Independent School District property
abuts Kelly Road, which -s a County- maintained road, and so
-n order to alleviate the flooding on our county road will
require some -- some dirt work, some drainage work to draw
the water through the Center Point ISD property, taking that
water away from the road. So --
COMMISSIONER BALDWIN: So, we're going onto school
property to create some drainage?
COMMISSIONER WILLIAMS: Yes.
MR. HENNEKE: That's the purpose of this -- of this
agreement, yes, sir.
COMMISSIONER WILLIAMS: That's correct.
COMMISSIONER LETZ: The -- I presume, since we're
going to be shooting grades, it's going to take some funds.
This comes out of where?
COMMISSIONER WILLIAMS: Well, the grades, I think,
have already been shoe. They know what the angles are and so
forth. Mr. Odom, are you out there?
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MR. ODOM: Right here, sir.
COMMISSIONER WILLIAMS: What do you think is
required to help these people out?
MR. ODOM: Just labor and equipment, I would
imagine. If I have any material needs, then I expect the
school to pay for it.
COMMISSIONER LETZ: Okay. But this just -- this is
authorizing Leonard to do the work, to do the grading
COMMISSIONER WILLIAMS: And for us to be on private
property to be of assistance.
JUDGE TINLEY: isn't the thrust of it tha_ we're
going to have to go onto the school property to work from
there in order to improve the drainage --
MR. ODOM: That's correct.
JUDGE TINLEY: -- in our right -of -way, is what it
amounts to.
MR. ODOM: Weil, essentially, the water changes
course and it goes between these buildings, the way the area
becomes flat in there. And so what we're trying to do is to
move this on through by the cattle pens and stuff like that,
back out of the way. That will eliminate the buildup of
water going into two buildings, particularly one building,
the F.F.A. building, since it was built on the ground, not
elevated.
JUDGE TINLEY: Okay. Any further question or
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discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: Ali opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. At this
time, we'll go to our 9:45 timed item; it is that t -me now.
I will recess the Commissioners Court meeting, and I will
convene a public hearing regarding the revision of plat for
Lots 23 -A and 23 -B of Twin Springs Ranch, Section IT, located
in Precinct 2.
(The regular Commissioners Court meeting was closed
at 9:45 a.m., and a public hearing was he- 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 with respect to the revision of plat
for Lots 23 -A and 23 -B of Twin Springs Ranch, Section 11„
located in Precinct 2? Seeing no one coming forward or
otherwise seeking to be recognized, I will close the public
hearing regarding the revision of plat for Lots 23 -A and 23 -B
of Twin Springs Ranch, Section II, located in Precinct 2.
(The public hearing was concluded at 9:45 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: I will reconvene the Commissioners
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Court meeting, and we'll go to Item 3; cons -der, discuss,
take appropriate action regarding South Texas Blood and
Tissue doing a blood drive on August the 8th -- or, excuse
me, August the 4th, 2010, in the county courthouse parking
lot. Ms. Hyde?
MS. HYDE: Yes, sir. We've done that for the last
three years, and they requested it again for this year.
They've pushed it back. Right now there is a blood deficit
in this county, and this is the soonest that we can get them
in. So --
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: 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: The motion does carry. Let's go to
Item 8, to consider, discuss, take appropriate action to
allow the Kerr County Juvenile Detention Center to enter into
contracts with various counties for secure pre- adjudicated
residential services at a particular rate until changed by
order of the Commissioners Court. I put this on the agenda
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at the request of Mr. Stanton, who is the facility
some input also from the County Attorney. There are some
issues with it that I've had discussion with the County
Attorney, and Mr. Henr.eke, if you would briefly talk about
those and see where we are here.
MR. HENNEKE: Thank you, Your Honor. In reviewing
draft agreement with Nueces County, whereby we would be
contracted to house their pre - adjudicated juveniles pending
disposition in that county. I think we'd be the fall -back
facility for them in the event that they run out of space for
their juveniles. A couple of comments on the draft
agreement, Commissioners. First of all, I think under
Paragraph 1, rather than it being a year term, I think this
Court needs to have the discretion to terminate the agreement
at any time, for any reason, as long as we give them, adequate
notice of our intent to do this; I'd say 30 days. So, while
the term would be for a year, it could be terminated by y'all
at any time with -- with reasonable notice.
Furthermore; I think under Paragraph 3, that as far
believe that there needs to be a'provision in there that in
the event that this Court increases or decreases the fees
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well as, I think, in my opinion, Paragraph 16, and then the
equal opportunities -- or equal employment opportunity
section also needs to be struck. Our policies -- you know,
our policies already cover what thar's speaking to, and I
think the Kerr County policies should control and govern the
operation of the Juvenile Detention Center and its employees,
rather than an agreement with a third -party county. And so I
would propose for y'all's consideration that I'd be happy to
revise '-is agreement and resubmit it and get with the Nueces
County Attorney on -- on execution.
COMMISSIONER OEHLER: Only thing that I have to
say, I guess, is about the charges maybe being changed, the
fees during the course of a year. It seems to me like we
ought to be able to set a fee for that year, and then the
following year, we could re -- we can adjust ours one way or
the other, but it's hard for counties to plan -- to budget if
they don't have an idea of what they're spending on a daily
basis for our services.
MR. HENNEKE: And I can see that, Commissioner. I
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it's important that Kerr County have a way out of this
agreement at any time, for any reason, if something would
arise. And with that 30 -day cancellation notice, although I
don't think we'd have to exercise it, it would accomplish the
same thing. And if -- if we did want -- if you didn't want
to do that, but the Commissioners decided later on that they
wanted to change the rates, you could cancel the agreement_
and then enter into new negotiations. But this would -- this
would avoid the need for the Court to do the same if there
was just an automatic escalation clause tied into the actions
of the Court.
COMMISSIONER OEHLER: I can understand the
cancellation clause, but I think the fee should be a set fee
negotiated annually.
JUDGE TINLEY: Commissioner, there are a number of,
but not too many, detention facilities around the state, and
periodically they will adjust their fees in midstream, so to
speak, depending upon requirements that come down from state
or federal regulators or other requirements that T.J.P.C. may
impose. And i -- I had suggested that maybe we put a clause
in to escalate or de- escalate, as the case may be, depending
upon what occurs around the state. And it doesn't happen
frequently, but when it does, you need to be able to react.
COMMISSIONER OEHLER: Okay.
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COMMISSIONER WILLIAMS: That's kind of what I
thought. I was wondering, Judge, why we couldn't state in
Paragraph 3 that -- that the current rate is $90 per day, or
the rate as set by Commissioners Court. In effect, as set by
Commissioners Court. Why couldn't it be that way? That way
you've got the ability to address it and take it up or down
accordingly, depending on what the Court does.
JUDGE TINLEY: The only -- the only adjustment that
I would urge consideration there is that -- that it could be
adjusted so long as the rate charge to all other counties,
excluding Kerr County, receives a like increase or decrease,
as the case may be. Because, as you know, in the past we
have had the ability to charge a discounted rate to Kerr
County.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER LETZ: Rob, are you recommending that
all of our agreements be changed --
MR. HENNEKE: No.
COMMISSIONER LETZ: - this way? Or just the -- I
mean, is Nueces County different than some of the other ones?
MR. HENNEKE: I haven't had a chance to go back in
the file and look at all of the other agreements that we've
entered into with the other counties. Certainly, if they're
agreements that we have in place, we need to honor them and
we need to continue working with them. I would say from this
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point forward, we need to look at these type of issues. Ar_d,
certainly, Commissioner Oehler, in my negotiations with
Nueces County, if this is a huge roadblock or an issue for
them, then you -- then We can address that. They might --
since it is a standard practice, as Judge Tinley points out,
they might not even blink at it. So, we don't know until I
contact them on it.
COMMISSIONER LETZ: This agreement, did you receive
it from Nueces County?
MR. HENNEKE: I -- I don't know. I'm not sure how
it came. I believe it came directly to Mr. Stanton. I
became aware of it when it was placed on the agenda.
COMMISSIONER LETZ: I don't mean how you got it
personally. I'm wondering, did it come from Nueces County?
JUDGE TINLEY: Yes.
COMMISSIONER LETZ: It just seems that we -- it
would be easier if we get a form that you're comfortable',
with, and then as we renew all the new contracts for each
county, we put in our new form.
JUDGE TINLEY: I think that's exactly where
Mr. Stanton's coming from, and he's asking the Court to do
so; that when they come in, as long as they conform to this
requirement, they won't continually have to be coming to t:n,e
Court. We can go ahead and approve those agreements, and if
necessary, that I can execute them also, if the -- if the
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other party requires that. But that's my understanding of
where he's coming from, and he wants to eventually pull all
of those into that same format.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Is that not true, Mr. Stanton?
MR. STAN Yes, sir. The contracts that we're
currently under with all the other counties is the same
identical contract. This is the contract approved by
Mr. Emerson prior to Mr. Henneke taking over, and so - this is
the same identical contract that everybody's entered into.
And what we'd like to do is, fiscal year starts October I for
the -- I mean September 1 for the counties, and sometime'
prior to that, we're in the process of evaluating our casts
out at the facility, and we're going to present a new daily
rate to the County Commissioners to adjust the daily rate
that we're charging now and plug that number into the new
contract that Mr. Henneke approves, and then we can send it
cut to all the counties, get the new signatures.
COMMISSIONER LETZ: Okay, good.
COMMISSIONER OEHLER: That's fine.
COMMISSIONER BALDWIN: Are we contracting from
October to October, or January to January? What? Or it just
doesn't matter?
MR. STANTON: Well, it -- really, we try do it from
October 1st to October lst. Nueces County is -- the reason
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Nueces County is coming in at this point is they're asking us
to help them in case they have a hurricane and they have to
move kids out of -- out of Nueces County. And this is more
of an overflow situation where it's an emergency situation
type deal.
COMMISSIONER BALDWIN: We've done this for a number
of years.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER LETZ: All right. So --
COMMISSIONER WILLIAMS: Are you going to bring, it
back, or are we going to adopt _t as amended?
M.R. HENNEKE: Well, they have to -- have to be
submitted on to Nueces County for consideration. So,
Commissioner Williams, I propose that I be authorized to
amend as discussed, and then I'll confer with Nueces County
to get their agreement, and then we can present an
agreed -upon document to the Court at next Commissioners Court
meeting.
JUDGE TINLEY: Going to bring iz back anyway?
MR. HENNEKE: Yes, sir.
JUDGE TINLEY: Yeah. Okay.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion? All in favor of the
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motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carries. Let's go to Item 9;
to consider, discuss, take appropriate action to address
possibility of prohibiting the sale or use of restricted
fireworks, that being skyrockets with sticks or missiles with
fins, in any portion of the unincorporated area of Kerr
County pursuant to Local Government Code Section 352.051 for
the 4th of July holiday. Anybody interested in pursuing
that?
COMMISSIONER BALDWIN: Not down here.
JUDGE TINLEY: We'll move on. Let's ao to Item. 12,
a 9:55 timed item. It's just a bit past that time now.
Consider, discuss, take appropriate action to review the
concept plan for Lot 15 of Verde Park Estates, Section 2,
located in Precinct 2. Mr. Odom ?'
MR. ODOM: Yes, sir. Mr. Wiedenfeld owns Lot 15 in
Verde Park Estates, Section 2, and there's an existing -- on
Lot 15, there's an existing residence with a licensed
water /wastewater system that Charlie rents cut, and then the
new well system is also on Lot 15. So, I have a combination
of a -- this is a residential subdivision. Mr. Wiedenfeld is
wanting to subdivide this lot, but under our rules, it's not
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divisible but by one. And he wants the Court to consider
this to be a commercial development. And I've given you that
5.01, the definition of commercial development, and that is
to be taken case by case. But it is my opinion that -- that
I don't agree with that. (Laughter.)
COMMISSIONER WILLIAMS: .Makes two of us.
MR. ODOM: And so, therefore, I asked him to -- him
or his representative to come to the Court to discuss this.
I believe that he's no different than anybody else in that
subdivision.. If it's a residential, that's the way the rules
ought to be. If there was a new development, that may be
something different when that's designed, but we have
something that precedes me. And, personally, I feel like the
rules apply to everybody. This is not a commercial
development; this is a residential development, and it's not
divisible.
COMMISSIONER WILLIAMS: It is. And the last time
we got to messing around with one over there, the homeowners'
association finally came alive, and it wasn't a pleasant
situation, so let's not be disturbing something gnat doesn't
fit the rules.
MR. ODOM: I'm in agreement, but I leave that to
Charlie, if he's here, or his representative. I don't see
anybody. But I personally recommend that -- that it not be
subdivided.
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COMMISSIONER LETZ: The -- so, the existing lot is
-- let me be sure. What is -- 2.72 acres?
MR. ODOM: That's correct.
COMMISSIONER LETZ: He wants to divide that into
what?
MR. ODOM: He wants to divide that. He wants to
keep .17 acres for the well, and then sell the other part
that he's got rented.
COMMISSIONER WILLIAMS: And give 2.24 to the County
for a cul -de -sac.
COMMISSIONER LETZ: Yeah, the other --
MR. ODOM: Well, whatever that comes out to be', a
portion up there, but as it is right now, it dead -ends and
turns around.
COMMISSIONER. LETZ: There's another issue here
that -- I mean, this comes under the model subdivision rules,
which creates a whole bunch of -- even though it's ;ust one
lot, this comes into a whole bunch of other requirements. If
we were to allow it, he'd have to spend money, put bonds up
for a new septic system. He'd have to do lots of different
things.
MR. ODOM: You're setting precedents, and I really
don't wish to start setting precedents and we change things,
because this won't be the only one that may be a situation
like this.
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JUDGE TINLEY: What action are you recommending
that the Court take at this point, Mr. Odom?
MR. ODOM: I recommend that we not subdivide. I
just --
JUDGE TINLEY: Disapprove the consent plan?
COMMISSIONER WILLIAMS: I would move disapproval of
the concept plan as submitted by Mr. Wiedenfeld.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: We have a motion and a second for
disapproval of the concept plan as presented. Question_ or
discussion.? Ali 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. Let's go to
Item 13, if we might, a 10 o'clock timed item. At this time,
I will recess the Commissioners Court meeting and convene a
public hearing -- open a public hearing to discuss the County
Clerk's annual plan for funding the preservation and
restoration of the County Clerk's records archive.
(The regular Commissioners Court meeting was closed
at 10:03 a.m., and a public hearing was held in
open tour -t, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the public
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that wishes to be heard with respect to the County Clerk's
annual plan for funding the preservation and restoration of
the County Clerk's records archive? Seeing no one seeking
recognition or otherwise coming forward, I will close the
public hearing concerning the County Clerk's annual plan for
funding the preservation and restoration of the County
Clerk's records archive.
(The public hearing was concluded at 10:03 a.m.,
and the regular Commissioners Court_ meeting was
reopened.)
COMMISSIONER BALDWIN: Judge, I was
expecting everybody in town to be here.
JUDGE TINLEY: I thought that's what all these'.
people we're here for.
COMMISSIONER BALDWIN: I did too; I thought that's
what they were here for.
JUDGE TINLEY: At this time, I will open the public
here for another 10 o'clock timed item, that public hearing
being to rescind the court order regarding Cummings Lane
currently being maintained partially by the County and
partially by the residents.
(The regular Commissioners Court meeting was closed
at 10:04 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 or
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audience here that wishes to be heard with respect to the
is currently being maintained partially the county And
partially by the residents? Yes, sir? If you'll come
forward and give us your name?
MR. BELLAIR: Yes, sir. My name is Lee Bellair.
JUDGE TINLEY: Say again?
MR. BELLAIR: My name is Lee Bellair. Part of the
students. Somebody blocked it recently where people couldn't
get to it, made it a hazard for the EMS's and things -o get
there, and blocked off one lady's property where she couldn't
get to it easily. I feel the road ought to be
County- maintained, and it has been up until now. Just my
feelings. And we have had some issues with renters blocking
you.
JUDGE TINLEY: Anyone else wishing to be heard with
respect to the rescission of the court order regarding
Cummings Lane? Yes, sir. Come forward and give us your name
and address; give us your thoughts on this matter.
MR. DOYLE: I'm Charles E. Doyle, Jr., 117 Gasoline
Alley. Cummings Lane runs directly behind my business
facility, A -1 Transmissions. And all the records that I've
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been able to dig up on it show that that road in the plat
originally was designed to go all the way through from Blue
Ridge to Cedar Mill Run. Sometime in the last 30 years,
however, there was a property owner that had a deed that
didn't show that, and so he built a building right in the
the County for years after that. Then Walter Masters came
in, and him and 01en Straube had an agreement, and they put
in an easement for right -of -way so Walter could get to some
other property that he owned back there. And Walter actualiv
paved that road, which is perpendicular to the Cummings Zane
road, and then they maintained it. Somewhere in the interim,
however, the County elected to start maintaining that road
that they didn't own. And I don't find any -- I don't find
any evidence that they ever had deed to that as a county
easement.
And then somebody also submitted some stuff to the
making it a private road called Paset -- Paseo Pic, or --
anyway, nevertheless, that was -- evidently, the Court
didn't -- wasn't aware of what they signed off on at that
particular time. So, I would like to say that the road that
is being called Cummings Lane now which goes down to junction
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property of all the landowners to the west of that particular
intersection, and that the property owners to the east
actually have no ownership in that road to speak of, other
than maybe a foot or so. And so that means the whole road is
then on private property. Therefore, the Paseo Pic Road --
or Padre Pio Road is -- is actually Cummings Lane, and is
never -- was never actually changed correctly. And that
would also -- like Lee said, there's a lady that owns a piece
of property, and her deed states that she has access to her
property off of Cummings Lane. Well, if you eliminate
Cummings Lane from going down that particular direction,',she
has no access to her property at all.
JUDGE TINLEY: Thank you, sir.
MR. DOYLE: There you are.
JUDGE TINLEY: Anyone else? Come forward, give
your name and address, and tell us your thoughts.
MR. GLOVER: Yes. My name's Howard Glover; I
represent Town & Country Business Center, which our property
is the one that Mr. Doyle referred to where one of the
buildings was built that prevented the road from going all
the way through to Cedar Mill. Okay. That happened some 26
years ago, from what I can find out. The -- the road that
Mr. Doyle's referring to that is where it loops around and is
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Cummings Lane, there is no record of anything other than by
911 making that change when they were doing the addressing.
As far as court records and tax bill, it's still -- ever. on
Ms. Butler's, it's -- ,which is the property that keeps being
blocked, is still listed as Cummings -- as Cummings Lane
instead of Padre Pic. The road that Mr. Bellair's business
is on, as Mr. Doyle referred to, was a self- maintained road
by Walter Masters and the owners of the property. Our
property starts at 2590 Junction Highway on the Junction
Highway side, and runs approximately 100 yards past the old
Cummings Lane. Our property line is right there on the
corner of Cummings and our property. The concrete -- we have
18,500 feet of concrete that we have to maintain. We have
opened that up. We took down the privacy fence that used to
be there in consideration for 911 and the Sheriff's Office to
be able to reach other places there.
We have come to an agreement two years ago with the
Sheriff's Department that if we did fence it and make it to
where it was a secured area -- because back there we have 55
storage buildings, plus an office building that occupies four
-- a 40 -by -60 shop that I own, which is Smart Start, that if
anybody comes down that road and fails to turn, they'll run
right into it. Then, of course, we go all the way to
Junction Highway with 16 commercial buildings, plus another
12 businesses. I don't know how this could get so messed up.
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I have brought some pictures, if y'all would like to look at
them, to maybe make it a little easier to understand. If I
will see this obstruction that was placed in the highway by
one of the renters; that everybody thought it was us that did
it. We even got served, but it was never us. We are the
first complainant on the issue. The school buses come
through there. It's a high traffic volume area. Mr. Doyle's
business is there, Mr. Be_ lair's is there, ours is there.
I don't really feel that where Eddie's referring to
where Cummings Lane comes down and goes all the way, and now
it's been made as a loop that goes in front of Mr. Bellair's,
and the County has been maintaining it, I don't think that
that should just be forgotten and changed back to the
existing thing. I did not know that about the property being
owned by the individuals though, Mr. Doyle. I did not know
that. My suggestion was going to be to simply make it
Cummings Lane South. You only have one address on there for
emergency, and that would be Mr. Bellair. We plan on putting
a gate up there, but it will only be at the time, you know,
we deem necessary to protect the self storage units we have
in the back. And if we do as we've agreed with the Sheriff's
Department, we will give them a key or coded entry. And
it'll be open all during the day, but closed at right, say
from 10 o'clock till 6 o'clock in the morning, something like
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that. Ms. Butler's property is the building that y'all are
looking at there. And you can see that it's been continually
blocked off for the last basically four months, until
evidently some pressure was put on by the District_ Attorney's
office to possibly move the stuff. As it currently stands,
the police department cannot enforce or do anything if the
property is blocked, because it is private. So, Ms. Evelyn
Butler's property is basically useless to her if they decide
to pull an 18- wheeler in there, which y'all can see, and then
just walk away and leave it.
JUDGE TINLEY: Thank you, sir.
MR. GLOVER: You're very welcome.
JUDGE TINLEY: Anyone else wishing to be heard wish
respect to the rescission of the court order regarding
Cummings Lane?
MR. ITZ: I'd like to.
JUDGE TINLEY: If you'd come forward, give us your
name and address and tell us your thoughts on this matter.
MR. ITZ: My name is Jeremy Itz, and I own the
property on both sides on Padre Pic Lane. When you're coming
in, you come off of Cummings, 'cause Cummings makes kind of a
circle. And I want -- and Padre Pic is actually a street
that came in 'later on. The postal service said they needed
an address for it because it really doesn't -- doesn't show,
so that's why they needed another street for that, so that's
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where this Padre Pic comes in. It was originally not on the
-- on the plats that it was actually County -owned or anything
Actually, that road runs into Town & Country and
hits the concrete. I don't know if you're going to have
enough room to make it a county road all the way down to Town
& Country, 'cause it -- like the point where he was talking
about where to put a gate, you know. If it's privately
owned, you know, it's really privately owned. I mean, it
should have the rights for people who goes on t, you know.
I mean, my understanding is that if the County
takes over -- you know, 'cause I have to sign over the rights
to that road for y'all to take over. I don't understand that
part, how that works. Because right now, property goes my
property goes all the way to the center of the road on both
sides. County has nothing. I mean, I don't have any problem
turning it over to the County to maintain the road to the
point, but then, really, then it becomes an open road for
Town & Country to be able to use it. But as long as it's
privately owned, you know, you can close the gate or
whatever, and it's only to the land owners that are going in
and out of there. So, I'm open to either one. I mean, the
maintaining of it right now, there hasn't been much of
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maintaining the road on the thing. I mean, if the County's
going to maintain it, I haven't seen much of it. So --
MR. ODOM: Not maintained.
MR. ITZ: They don't maintain it. So, I know every
once in a while someone complains enough, so they went in
there, put a couple of -- filled a couple of holes like that,
something like that, just to get people off their back. But
there's -- there hasn't been much. It's bad. So, I just --
again, if you got buses and stuff driving through there, I
don't know. Whether it's a private road and they can't go
through it, or open it up to a county road, that's up to
y'all, so I'm open either way.
JUDGE TINLEY: Thank you, sir.
MR. ITZ: Thank you.
JUDGE TINLEY: Anyone else wishing to be heard with
respect to the rescission of a court order regarding Cummings
Lane?
MR. GLOVER: Judge Prohl (sic), could I approach
y'all again? Mr. Itz is correct. He does own the property
on both sides, but he has forgotten Ms. Butler's property,
which he does not own. That is right there, as y'all can see
on the pictures. That freestanding building that has the
driveway right there in the front, you know, that is her
property. She was never contacted on any of these changes or
anything. And she's not here today because she's in the
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hospital, so we're all here, you know, to protect her
interests, plus our own. And, yes, there has been no
maintenance on it, but the County cannot maintain it because
it's not the County's road. I filled the holes up last year
myself on that road.
JUDGE TINLEY: Thank you, sir.
MR. DOYLE: You're very welcome.
JUDGE TINLEY: Anyone else -- Mr. Doyle, you've got
further comments?
MR. DOYLE: Yes, just one. I'd like to present to
the County a plat that shows actual Cummings Lane and all
those pieces of property involved. Thank you.
JUDGE TINLEY: Thank you, sir. Anyone else thht
wishes to be heard with respect to the rescission of court
order --
MR. ITZ: Can I say one more thing? Can I sayjone
more thing?
JUDGE TINLEY: You need to come forward. Come'..
forward, please.
MR. ITZ: I just want to say that what I said,
don't mean to cut Ms. Butler out. I mean, it's an easement
to her and myself, so it's not like I'm trying to say she
doesn't own something. She does. She's the only one that
owns a piece of property besides myself. So, I mean, she has
that right no matter what, so I'm not trying to cut her out.
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JUDGE TINLEY: Thank you. Anyone else wishing to
be heard with respect to the rescission of the court order
regarding Cummings Lane? Seeing no one else seeking
recognition, I will close the public hearing with respect_ to
the rescission of court order regarding Cummings Lane.
(The public hearing was concluded at 10:18 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And I'll open the public hearing as
to our 10:15 item, that public hearing concerning the
installation of a stop sign at Roadrunner and Sandy Lane
located in Precinct 2.
(The regular Commissioners Court meeting was closed
at 10:18 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 audience
or the public that wishes to be heard with respect to the
installation of a stop sign at Roadrunner Lane and Sandy
Lane? Seeing no one coming forward, I will close the public
hearing with regard to the installation of a stop sign at
Roadrunner Lane and Sandy Lane located in Precinct 2.
(The public hearing was concluded at 10:18 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And I'll reconvene the Commissioners
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Court meeting. We wi11 go to Item 11, which is to consider,
discass, and take appropriate action �o approve the final
revision of plat for Lots 23 -A and 23 -B of Twin Springs
Ranch, Section II, located in Precinct 2. Mr. Odom?
MR. ODOM: I'm trying to find it. I -- I'm sorry.
JUDGE TINLEY: I think you're combining two tracts
into one.
COMMISSIONER WILLIAMS: That's exactly it.
MR. ODOM: There was 52 acres, if I remember right.
COMMISSIONER WILLIAMS: 52.81.
MR. ODOM:' I've got a stop sign --
COMMISSIONER WILLIAMS: Lots 23 -A and 23 -B, to make
a combination of 52.81 acres.
MR. ODOM: Twin Springs --
COMMISSIONER WILLIAMS: Very simple combination.
MR. ODOM: Yes.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
MR. ODOM: Thank you.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion on the motion? All in
favor of the motion, sign'fy by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
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JUDGE TINLEY: The motion does carry. Let's go to
Item 18, if we might. Consider, discuss, take appropriate
action for the final approval to install a stop sign on
Roadrunner Lane and Sandy Lane located in Precinct 2.
COMMISSIONER WILLIAMS: Mr. Odom.
MR. ODOM: That one I have.
JUDGE TINLEY: You ready on that one?
MR. ODOM: And I found that other one just as
Jonathan approved it. - his -- about a month ago, we approved
a stop sign in this location. They had forgotten to ask to
do it at the same time, so what we're doing now -- and 132
Sandy Lane has requested this, and we received a court order
for a stop sign at Sandy Lane and Roundabout, and have
already installed that sign. Apparently, this sign request
was missed, and at this time, we ask the Court for their
final approval for the requested stop sign at Roadrunner Lane
and Sandy Lane, Precinct 2.
COMMISSIONER WILLIAMS: Move approval. This ought
to complete the number of stop signs we're going to put out
there on Roadrunner.
COMMISSIONER OEHLER: 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.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: Ali opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll go to
Item 15; to consider, discuss, and take appropriate action to
allow Maintenance Department to hire a part -time person,
part -time being three days a week, for a total of 24 hours
for she summer months. Mr. Bollier put this on the agenda.
Mr. Bollier?
MR. BOLLIER: Yes, sir. I would appreciate it if
you guys would -- would allow this. Right now I have a -- I
consider it a safety issue with Sonny out mowing by himself,
and if I can have somebody to put with him, it sure would
save him a lot of time too, plus I would have two out there
instead of one. And I have talked to Ms. Hyde about this,
and I have got permission from Ms. Hargis. She says I have
the money in my budget. That's all I have, unless you have
any questions, sir.
JUDGE TINLEY: You hit all the stops, didn't you?
MR. BOLLIER: Short and auick.
COMM= SSIONER WILLIAMS: Move approval.
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
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right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: - hat motion does carry.
MR. BOLLI -ER: Thank you.
JUDGE TINLEY: Let's go to Item 16. Stay there,
Mr. Bollier. Consider, discuss, take appropriate action to
authorize request for proposals or bids for nine air
conditioning units at the jail contingent on the execution of
the contract for the acceptance of the SECO grant funds.
This item was placed on the agenda at the request of
Mr. Bollier, Maintenance Supervisor, and Ms. Lavender, who
has been working diligently on the SECO grant that's going to
be funding this thing. We've approved on it this end. St's
been forwarded to the state, and we hope we're pretty close
to the top of the list and that we get signed off, and that's
the contingency. Correct, Ms. Lavender?
MS. LAVENDER: Correct. We : ^.ave one document that
we're going to need to resend to them because we forgot to
notarize it last week, but we'll do that momentarily. And we
did get an e -mail from the Texas Historical Commission gnat
t:ney have approved the project, and so we should be getting a
letter in the next day or two from them. And once we get
that and the final signature from the Comptroller's office,
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then we should be able to go out for bids on these air
conditioners. And, actually, it's 10 air conditioners, is
what's in the grant, and so we need to make a little
editorial change there. And then we also will be, with the
money, replacing the two old units in this building down
below, and we'll -- what's on the roof? Condensers?
MR. BOLLIER: Condensers.
MS. LAVENDER: Condensers on the roof, changing out
all the T -12's to T -8 lighting, and some of the fixtures, and
changing the thermostats in the courtrooms, which really reed
to be done to be more energy efficient, and hopefully better
controlled thermostats for our courtrooms.
JUDGE TINLEY: This is a reimbursement grant?
MS. LAVENDER: This is a reimbursement grant. It's
115,000 plus change, money out of the Recovery Re- 4nvestment
Act from last year. We've been working on this --
COMMISSIONER WILLIAMS: Why would the Historical
Commission get involved in approving air conditioner units
for the jail?
MS. LAVENDER: No not the jail.
COMMISSIONER WILLIAMS: Even though the Sher
believes it's historical in nature.
MS. LAVENDER: They didn't care about the jail.
They were concerned about the aesthetics at the courthouse,
that we not change the historical aesthetics of the
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courthouse by anything we do. And so we sent the pictures of
everything that we're going to do here, and they have
approved it.
COMMISSIONER WILLIAMS: Don': want to confuse them
with the facts, now.
MS. LAVENDER: No significant impact on the
historical value by changing out the air conditioners that
are in the dirt floor underneath the --
COMMISSIONER WILLIAMS: I understand. Thank you.
MS. LAVENDER: -- courtroom. What _ we're asking you
to do with this is just -- it's a contingency on this -final
signature, and once we do that, then we'll issue bid packets
to replace those air conditioners at the jail.
COMMISSIONER LETZ: You're confusing me, talking
about air conditioners at the jail. We're talking about air
conditioners in this build -ng.
MS. LAVENDER: Right. The ones at the jail are 83
-- we'll, the amount of grant money is 83,OOC, so that
requires that we go out for bids for the jail. The ones here
do not, because they don't -- they're not -- they don't meet
the limit to require bids.
COMMISSIONER OEHLER: So you have basically two
things; Historical Commission is involved in one, and this
grant funds for the jail in the other.
MR. BOLLIER: Right.
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COMMISSIONER OEHLER: Okay.
COMMISSIONER LETZ: I --
COMMISSIONER OEHLER: For upgrading into some more
efficient units.
MS. LAVENDER: Absolutely.
COMMISSIONER OEHLER: That's what the money's for.
MS. LAVENDER: Replacing 15 -, 16 -, 17- year -old
units out there.
COMMISSIONER OEHLER: Right.
MS. LAVENDER: With something that's going to be
fuel efficient and save us some money in the long term.
COMMISSIONER LETZ: I'll defer to the County
Attorney, but I have a little bit of a problem with the way
that agenda item's worded from what I'm hearing going out.
It's very specific to the jai'_, and we're talking about --
MS. LAVENDER: No, no.
JUDGE TINLEY: All they're seeking authority for is
to go out for bids on the jail.
COMMISSIONER LETZ: On nine units at the jail.
MS. LAVENDER: Ten, actually.
MR. BOLLIER: Actually, ten units. A misprint.
MS. LAVENDER: I didn't bring this up.
COMMISSIONER LETZ: Okay. And all the rest of that
stuff isn't under `he grant? That's --
MS. LAVENDER: No, it's all under the grant, but it
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does not have to be bid. The rest of the stuff that's
involved in the grant does not require bid.
MR. BOLLIER: In other words, the ten air
conditioners at the jail, we have to bid because it's over
50,000. We have two air conditioner units here at the
courthouse that does not have to be bid, because it's way
under 50,000. So, all we're asking permission is to go cut
for bids for the jail. Do you understand that?
JUDGE TINLEY: Ms. Hargis?
COMMISSIONER LETZ: Are we talking about other air
conditioner units?
MS. HARGIS: It's all in the one grant. As you
recall, with our former County Attorney, when we did the
stuff at the Ag Barn, because it was all under one umbrella,
it all has to be bid. It can't be taken out in pieces. It's
going to have to all be bid at time.
JUDGE TINLEY: Okay. Why don't you bring It back?
Why don't you bring it back for all the A/C units, as well as
the -- as well as the other elements of that grant, and we'll
just get -- we'll get a series of alternate bids on the whole
enchilada, as it were.
MS. LAVENDER: Okay. We weren't told that to begin
with, so that's fine.
JUDGE TINLEY: We'll get there.
MS. LAVENDER: Okay.
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MR. BOLLIER: Thank you, sir.
JUDGE TINLEY: All right. Okay, let's go to Item
19, if we might; to consider, discuss, take appropriate
action concerning the approval of a bid by Guardian Security
Services for security camera system for the Kerr County
Sheriff's Annex. Mr. Barton?
MR. BARTON: Good morning, gentlemen. How are
y'all?
COMMISSIONER OEHLER: Good. How are you?
MR. BARTON: This is to add external cameras, and
also cameras inside the interview rooms, and also the
electronic locks on the new building's tied back into the
current system that we have in the law enforcement building.
COMMISSIONER WILLIAMS: Only one bid?
COMMISSIONER LETZ: Approval of bid. Where's the
bid?
MR. BARTON: There was --
COMMISSIONER WILLIAMS: Where is it and how much is
it for?
MR. BARTON: I'm sorry. The total fee is $40,407.
40,407.
COMMISSIONER WILLIAMS: Only bid received?
MR. BARTON: Yes, sir. We did note -- I don't
think the Sheriff went out for more bids on it, because he
wanted to tie back into the existing system that we had
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through Guardian.
JUDGE TINLEY: Guardian pat in all the other
systems out there in the jail, as well as here at the
courthouse, --
MR. BARTON: That's correct.
JUDGE TINLEY: -- did they not?
MR. BARTON: Yes, sir.
JUDGE TINLEY: And so all of this equipment's going
to be compatible with what's existing, and that will be
monitored from the jail --
MR. BARTON: That's correct.
JUDGE TINLEY: -- out there?
MR. BARTON: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I sure hate to be difficult
today, but under the same -- this is still -- it's the annex
out by the jail?
MR. BARTON: This is the annex.
COMMISSIONER LETZ: That's one project that
everything has to be bid on. You know, unless there's an
exemption for a security system, which I don't -- I mean, I'd
be in favor of, but anything that goes on out there under
that construction is one project. That's what we had at the
Ag Barn; it's all got to be bid. I don't see how you can
build a security -- I mean, do this part of it for the
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construction of that building as a separate item, and not bid
it. This is no different than at the Ag Barn, where we're
required to go out -- we did part of it, then we had to bid
it; we had to do the other part and bid it. It's just -- you
know, I mean, I'll defer to the County Attorney and the
Auditor on this, but I don't see how you can -- it's a part
of the building, to me.
MR. HENNEKE: I'm not sure I understand the this
wasn't -- I didn't receive this before it was put on the
agenda. I'm not sure I understand what this -- I thought
this was for a different project. Is this for the building?
MR. BARTON: This is for the Probation and the
Sheriff's annex out there.
MR. HENNEKE: Okay.
MR. BARTON: Law enforcement building.
COMMISSIONER WILLIAMS: Wasn't included in the base
bid?
MR. BARTON: No, sir.
JUDGE TINLEY: No.
COMMISSIONER LETZ: I can see that it wasn't
included. That makes sense, that -t wouldn't be included,
but I just -- I don't want to get us in trouble for approving
big components to that package without having to bid them, or
any components to that package without bidding.
COMMISSIONER WILLIAMS: Are we going to have to bid
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out the build -out for the interior? And if so, would this
not be a -- a legitimate piece of that?
JUDGE TINLEY: The -- on the building itself, the
bidding, there was three components. There was the site
work, which we pulled, and which Road and Bridge is doing.
The second component was the slab and the construction of the
shell. Third component was the finish -out in the building.
Those last two components, the bid was awarded by the Court
for the contractor that's currently under way out there.
This, of course, was not included in that. This is not part
and parcel of any other security system work that's proposed
to be done, is it, Mr. Barton?
MR. BARTON: This is going to be -- I don't
remember the cameras even being placed on the blueprint of
that original building a� all.
JUDGE TINLEY: Yeah.
MR. BARTON: This is just to put some outside
cameras, similar to what we have in the jail already, in the
law enforcement building, to supply the -- the electric
locks. And part of the bid on that building, the blueprints
do show two interview rooms for our Criminal Investigation
Division. There will be interior cameras for that, and a
recording system for the interview rooms.
JUDGE TINLEY: But my question is, we're not
you're not asking us to approve this system for the annex,
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and then you're going to have another proposal for, say, the
Sheriff's Office or another building? All that equipment's
already installed and working, isn't it?
MR. BARTON: That's correct. All this is is just
an extension of the current system that we have by placing
cameras on that new building that would tie back '_nto the
monitors that we have at the existing system.
COMMISSIONER OEHLER: I can argue either way. You
know, you can say that it has -- it's not -- it's really'', not
part of it and it's a total separate issue once the building
is built, but you need to put the system in now before they
finish.
JUDGE TINLEY: At least the cabling for it.
COMMISSIONER OEHLER: But it adds to the cost of
the overall project.
COMMISSIONER LETZ: For that building. Where's the
money coming from? It's coming from that budget for this
building?
COMMISSIONER OEHLER: It's coming out of the loan
proceeds, and so you lump it all together. I've been in
trouble for this. I don't want to get -n trouble again.
COMMISSIONER LETZ: 1 don't want to get in trouble
for it.
MS. HARGIS: I really think, again, even -- unless
it's a -- remember, there are some requirements where, if you
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can't get the system from anywhere else, if there's no other
option; you don't have to bid it. But because that building
is, you know, a million- dollar project, it's going into that
building, I think we'd be safer just to bid it, and take the
bids and keep -- keep things above board. Just like in the
grant we just talked about earlier, it's a big -- it's a
package deal.
COMMISSIONER LETZ: You know, I do think -- you
know, the only thing I would question is that I -- if there's
some sort of an exemption for going with this security system
that is part of -- I mean, and I don't want to go out there
and, you know, if there's a way that we can be exempt on this
because it's for this -- say we need to extend that existing
security system, but I just want to make sure that we're)
doing it properly.
COMMISSIONER WILLIAMS: That was my thought.
MR. BARTON: Sole source?
MS. HARGIS: Sole source, yes.
MR. BARTON: I'm not sure what I can answer,
Guardian. I'm not sure how that would work.
COMMISSIONER LETZ: Same vendor as what you -- what
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MR. BARTON: Guardian. The one we're using right
now is the same one that has the security system currently
set up in the law enforcement building that we monitor all
the jail, jail cameras, all the law enforcement cameras.
They set the system up in this courthouse. I'm not sure, if
ancther vendor was to get that bid, if they could tie their
equipment back into Guardian's equipment that we currently
monitor.
COMMISSIONER WILLIAMS: We need to know that.
MR. BARTON: Okay. I can't --
COMMISSIONER OEHLER: Might want to come back later
in the day.
COMMISSIONER LETZ: If it's a sole source, and it
may be, I have no problem with it.
MS. HARGIS: Yeah, that would be the only exemption
that we have.
COMMISSIONER OEHLER: Could this be considered 'a
bid, or just a price?
COMMISSIONER LETZ: Just a price, all it is.
JUDGE TINLEY: Proposal.
COMMISSIONER OEHLER: Yeah, proposal. Okay.
MS. HARGIS: No, it really doesn't matter on the
price, because if you remember the Ag Barn, we had $5,000 and
$6,000; we still had to bid it.
JUDGE TINLEY: Mr. Henneke, have you got a grasp on
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what the -- what the structure of this whole thing is yet?
MR. HENNEKE: I've got a better idea, Judge. I
mean, if we have to make a decision today, I think we need to
bid it, but if we need to investigate more to determine if
it's a sole source, and that this also falls under an
exemption, we can do that and come back at the next meeting.
I don't know what the time frame is on it, 4 f there's an
emergency that this thing be considered today, or if we can
get all of the information and report back to the Court in
two weeks.
JUDGE TINLEY: Well, it may be possible we could
consider it later on today, too. But --
MR. BARTON: Now, I could talk to -- try to get a
hold of Mr. Dunn. He can tell me whether or not any other
vendor's equipment is compatible to tie back into his current
equipment back there. I don't know who else to contact about
the compatibility besides Mr. Dunn with Guardian. And if
that's acceptable to the Court, I will try to reach out and
contact him, and report back.
MR. HENNEKE: Clay, can we just do this in two
weeks?
MR. BARTON: The only -- I don't know if he needs
to hook up with the -- I don't know what the timetable for
the rough -out on the inside is, because there will have to be
cabling run prior to sheetrock being installed. So, that's
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the only hesitance I have about waiting two weeks to bring it
back.
JUDGE TINLEY: The --
MR. BARTON: I know they've got the studs up.
JUDGE TINLEY: The stud framing is in place.
MR. BARTON: The studs are up. I'm ust not sure
when they plan on starting the sheetrock.
JUDGE TINLEY: Well, they're starting to do some
electrical, and -- and they're going to do some of the
plumbing too, but they're moving right along. They're coming
right along.
MR. BARTON: But I can report back to the Court
today, if that's acceptable.
JUDGE TINLEY: Okay. Why don't you do that?
COMMISSIONER LETZ: All right.
JUDGE TINLEY: With respect to the Cummings Lane
issue, we don't have any other agenda items to address that
issue. If there are some of you here that were anticipating
that the Court was going to take up and make a decision on
that issue on another agenda item today, that will not be the
case. What we had earlier was merely a public hearing to
receive input with regard to the rescission of the existing
court order. In all probability, the issue, that rescission
of that court order, will be put on the next agenda, which
will be the -- oh, the fourth Monday will be the 28th. So,
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if you were waiting on that, it's not going to happen today.
AUDIENCE: Thank you.
JUDGE TINLEY: All right. Why don't we take about
a 15- minute recess, and then we'll come back and hit it hard
and heavy.
(Recess taken from 10:39 a.m. to 10:57 a.m.)
JUDGE TINLEY: Okay, let's come back to order, if
we might. Let me make sure I'm not off base with timed
items. We may have the opportunity to revisit that Item '19,
the security system. Let's go to Item 20; consider, discuss,
take appropriate action to approve applying for 2010 Edward
Byrne Memorial Justice Assistance Grant for $88,000 for the
Automated Fingerprint Identification System. Chief Deputy
Barton?
MR. BARTON: I'm going to have to withdraw this
agenda item. After we had it placed on here, I found out
Friday from the governor's office that local jurisdictions
don't qualify for this funding stream.
JUDGE TINLEY: Very well. Let's move on to Item
21; consider, discuss, take appropriate action, to approve
reapplying for the 2010 COPS Hiring Program grant for two
officers' salary and benefits for a total period of -hree
years.
MR. BARTON: This is the same grant that this Court
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approved for us to apply for in 2009. We did not get it in
2009, and the they only opened uo this year's process to
those who did not get funded last year. So, it's the same --
I think last year, we actually asked for five officers. They
determined this year through their formula that we'd be
eligible to apply for two officers. So, it's just coming
back the same that --
COMMISSIONER OEHLER: We didn't get the five last
year?
MR. BARTON: We did not.
COMMISSIONER OEHLER: Oh. I thought that was a
done deal, but I guess not.
COMMISSIONER WILLIAMS: Full salary and benefits,
if we get it?
MR. BARTON: Yes, sir, they cover full salary and
benefits for three years. Then we have to pick it up -
COMMISSIONER BALDWIN: For three years. Then 'the
County picks it up?
MR. BARTON: -- for at least one year after the
third year.
COMMISSIONER BALDWIN: And then you let them. go, or
what?
COMMISSIONER WILLIAMS: No.
MR. BARTON: We have to -- by the contract, we have
to keep them fcr at least a year.
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COMMISSIONER OEHLER: Buster, have you ever seer,
that happen?
COMMISSIONER BALDWIN: No. I'm just trying to get
a little humor out of the deputy here.
COMMISSIONER OEHLER: Yeah. He's less responsive
than Rusty would have been.
COMMISSIONER BALDWIN: Yeah. And he can stand up
tall and look at us in our faces, too. !Laughter.)
COMMISSIONER WILLIAMS: So moved.
MR. BARTON: I'm going to stay out of both those
comments.
JUDGE TINLEY: We have a motion for approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion? You
had a comment? Question?
MS. HYDE: If it's approved, then I add it to !.he
position schedule for this year? For the budget year?
JUDGE TINLEY: This is just application for a
grant.
COMMISSIONER LETZ: If it's approved, yes.
COMMISSIONER OEHLER: If it's approved, yeah. We
don't want to approve two officers, and let's pay for them if
the grant doesn't come through.
MS. HYDE: I'll put it in as a grant.
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COMMISSIONER OEHLER: Okay.
JUDGE TINLEY: Okay. Any other question or
discussion? 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: Motion does carry. Let's go to Item
22; consider --
MR. BARTON: Thank you, Judge.
JUDGE TINLEY: -- discuss, take appropriate action
to rescind Court Order Number 31725 which directed the County
Attorney to request an A.G. opinion on the applicability of
the Model Subdivision Rules in the ET J, direct the County
Attorney to invoke the Arbitration Clause under Chapter '242
of the Local Government Code to resolve the issue of
subdivision rules in the ETJ, unquote.
COMMISSIONER LETZ: This is just a housekeeping --
wanted to get rid of that court order. Move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to approve
the agenda item. Question or discussion? All in favor of
the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
JUDGE TINLEY: The motion does carry. Now let's go
to Item 23; to consider, discuss, take appropriate action on
resolution to L.C.R.A. and the P.U.C. related to transmission
line routes. Commissioner Letz?
COMMISSIONER LETZ: I think everyone on the Court
should have received the newest draft of the resolution.
Just have it on the agenda for discussion, hopefully
approval. I'm certainly open to suggestions. I do have',one
actually minor change as well, to get it started. On the
very -- on the last paragraph, I referred to the Kendall
segment as the Block Creek station. That really should
that should say Kendall station. So --
COMMISSIONER WILLIAMS: Instead of Kendall segment?
COMMISSIONER LETZ: No, instead of saying Block
Creek station, that station is referred to as the Kendall
station.
COMMISSIONER WILLIAMS: Okay, I got it.
COMMISSIONER LETZ: Different name. I thought it
was different.
JUDGE TINLEY: I have made some comments on a copy
that I furnished to Commissioner Letz and Commissioner
Williams. They were the ones that were primarily working on
this. I apologize for not furnishing them to the other two;
I just made a copy this morning. There was some repetition,
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and I also proposed some language in lieu of the last
paragraph on Page 1. I proposed some specific language
dealing with the -- the priority criteria for the determining
the location of those lines, to specifically be within or
adjacent to existing transmission easements or rights -of -way
upon which there are existing aerial structures, even if that
consolidation increases the total cost of the project.
My rationale in doing that is, as most of you are
aware, there is a -- what I call the northern route, which
picks up a transmission line easement west_ of Menard, and
would follow that transmission line easement or ones that
connect to it all the way into Comfort, which would then
leave the only -- only portion of that particular route which
is not covered by an existing transmission line easement upon
which there are existing aerial structures would be that
segment of it between the McCamey D station and the open.,
country upon which it traverses directly east until it picks
up that transmission line west of Menard, which is
approximately maybe one- fourth of the total length of the
line. And that, of course, traverses very open, sparsely
populated, undeveloped country, according to the conversation
that I had with the Schleicher County Judge day before
yesterday, I guess it was -- yeah. And thus putting most of
that line adjacent to existing lines, where there's already
aerial spoilage, as the case may be, or aesthetic spoilage
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from transmission lines, and you'd be co- locating it along
with those. But that's my proposal.
COMMISSIONER OEHLER: That would be the least
impact to Kerr County.
COMMISSIONER LETZ: Judge?
JUDGE TINLEY: That would be my thinking; it would
be.
COMMISSIONER LETZ: Yeah. Judge, in looking at
yours, there was a duplication of two paragraphs, it appears.
The existing transmission and other right -of -ways, including
highways, should be used for property adjacent to existing
right -of -ways, and then the one below it on the first page.
You're proposing that we delete those two and replace it with
your language? And I have no problem --
JUDGE TINLEY: Yes.
COMMISSIONER LETZ: I mean --
JUDGE TINLEY: Yes.
COMMISSIONER LETZ: And then we delete it right
above the -- on the second page, those two are repeated; that
we just delete it, and we should delete them here, so that --
JUDGE TINLEY: No, you would -- you would include
the first one that you deleted, existing transmission and
other rights -of -way. You would include that there, but you
would delete the second one where it's repetitive, because
you've already replaced it with the language that I proposed.
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But -- but you still pick up, as the secondary criteria,
COMMISSIONER LETZ: Okay.
dealing with a highway right -cf -way, essentially you've got a
two - dimensional type situation. When you introduce the
aerial structures, ycu go to three dimensions. That's where
the -- where the visual spoilage becomes of a different
nature. That's the reason that I'm strongly advocating that,
to the extent possible, that any new line follow or be
colocated with, adjacent to existing transmission lines upon
which there are existing aerial structures. And in that
manner, you solve a lot of problems. Number one, the
spoilage is already bad; it just becomes a little worse.
Number two, it's more cost - effective, because if -- if you're
negotiating for or condemning an easement or right -of -way
across unspoiled country, I submit the cost is going to be
higher to get that done, as opposed to one upon which there's
already that existing aerial spoilage, as the case may be.
Thirdly, in consideration of the L.C.R.A. folks, it occurs to
me that the applicability of the Florida Power and Light
comparable sales becomes a lot less important, of less
consequence, because the Florida Power and Light was not
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rather across open, unspoiled country, as it were. And the
applicability of those comparables, therefore, doesn't come
into play to the degree. They might be admissib_e for
evidentiary purposes, but their applicability is not nearly
as great if you've already got a transmission line up.
COMMISSIONER LETZ: Judge, I want to read it,
'cause I think people in the audience are probably somewhat
confused as to what we're talking about, 'cause they hav',en't
seen the newest resolution. But I wanted -- let me go ahead
and read it, I think. Then I'll bring up one other point.
whereas's at this point, and jest go -- read the points under
the "therefore, be it resolved."
Therefore, be it resolved on this date, 14th of
June, 2010, Kerr County Commissioners Court unanimously
requests that L.C.R.A., and ultimately the P.U.C., use the
following criteria in selecting the McCamey D - Kendall -
Gillespie transmission line route or any other proposed
transmission line in Kerr County. L.C.R.A. and P.U.C. must
respect private property rights and only locate transmission
lines on property where property owners voluntarily enter
into agreements with L.C.R.A. at fair market value.
Condemnation or threat of condemnation should not be used by
L.C.R.A. This principle should be used by L.C.R.A. and
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P.J.C. in the primary consideration of route selection. In
increases the cost of the project.
L.C.R.A. and the P.U.C. must use the following
general criteria in selecting the transmission line route,
and such criterion is consistent with the criteria set per
the Texas Administrative Code and Texas Util-ty Code.
Private property fragmentation. To the maximum extent
possible, transmission lines should follow property lines and
must not divide property into small, unmarketable tracts'.
The diminishment of property values; environmental and land
use constraints, topography, engineering feasibility, and
policy of prudent avoidance. Any adverse effect upon the
aesthetics and beauty of the Hill Country vistas, and na *_urai
resources such as rivers, tributaries, and sensitive
environmental areas. Any negative impact upon the economic
development and tourism in the hill country.
Transmission lines should not be located on
property within a 2 -mile radius of the city limits of
Kerrville or Ingram, as these are areas of high population
density and are primary development areas. Transmission
lines should not be located on property within platted
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subdivisions or other communities of concentrated population,
rights -of -way, including highways, should be used, or
property adjacent to existing right -of -ways. The Kendall
segment of the transmission line is at the Kendall -- Kendall
station on the edge of the community of Comfort. And it is
recognized that meeting all these criteria may not be
possible; however, priority consideration should be given to
utilizing existing transmission lines rights -of -way, avoiding
property fragmentation, avoiding platted subdivisions, and
respecting private property rights by reaching voluntary
agreements with property owners.
That's what it says right now, and I'm wondering if
we should go one step further and specify our preferred'
route, which is the -- and we can figure out the numbers.
The route that -- on this plat Mr. Smith gave to us is the
route that goes to Menard and south of Mason, just on the
east side of Fredericksburg, and then down to Comfort. And
that is following the Kerr County and Gillespie County
existing -- an existing right -of -way with aerial structures
in it. I mean, I think -- I mean, my preference would be we
say that's the route that we think is best and makes the most
sense.
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JUDGE TINLEY:, That -- it's a no- brainer, in my way
actually northwest of Menard, and then follows that -- that
transmission line easement and ones which connect to it and
proceed to -- to the Menard area. There's an alternative
to -- instead of going directly through Menard, like the
existing line does, of going around. That, of course, would
be a matter which would be at the choosing of the folks up in
Menard County. And then following that easement, at that
direction into just south of Mason, and then continuing to
follow it down to Gillespie. And, here again, the Gillespie
station, there are some alternative routes which, of course,
would be of interest to the folks in Gillespie County, of how
they want to circumvent the city of Fredericksburg. Then
proceeding down to -- with the -- with the most easterly
transmission line easement shown on the map onto the Comfort
station.
COMMISSIONER LETZ: I think it could -- ghat route
I think we should probably go ahead and just say it.
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JUDGE TINLEY: That would be my preference. Surely
would.
COMMISSIONER OEHLER: Yeah.
COMMISSIONER BALDWIN: I agree with you. Why do
you have all the language in there about Ingram and Kerrville
and development if you're going to take off and not come
anywhere near all that?
COMMISSIONER LETZ: Because I think that meets that
criteria.
COMMISSIONER BALDWIN: All right.
COMMISSIONER LETZ: You know, I mean, it's a - if,
for some reason, they don't select that route, I don't want
to throw out all the other criteria. I think this route, if
we go point by point down our resolution, that line meets
those criteria.
COMMISSIONER BALDWIN: Does that line meet the
language y'all were talking about earlier about alongside
existing rights -of -way?
COMMISSIONER LETZ: To a large extent.
COMMISSIONER BALDWIN: Does it match the tower
issue?
JUDGE TINLEY: Absolutely.
COMMISSIONER LETZ: Yes.
COMMISSIONER BALDWIN: The existing tower issue
that the Judge was talking about?
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COMMISSIONER LETZ: Yes. And I think L.C.R.A.
should still respect private property rights and negot_ ate,
whatever negotiations they have to do, and not use
condemnation. And that would -- you know, this meets that
criteria as well.
COMMISSIONER BALDWIN: So your motion is going to
be to adopt that -- that particular route?
COMMISSIONER LETZ: Yes. I'll go ahead I'll make a
motion that we approve the resolution as modified today, with
the inclusion of naming the preferred route, in our opinion,
that meets all these criteria is the northernmost route, and
I'll pick out the letters that actually identify that route.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: We have a motion and a second.
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. At this
point, let me go ahead and call Item 39. That agenda item is
an update from Representative Harvey Hilderbran on L.C.R.A.
proposed CREZ transmission line proceedings before the Texas
Public utility Commission and /or discussion of possible
criteria to be considered in determining location of such
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appear here at Commissioners Court if it were possible. He
was not able to appear, but did forward us written
communication in lieu of that, and I will read that into the
record at this point in time. it's a letter from
Representative Hilderbran addressed to the Court.
"Dear Judge and Commissioners, thank you for
inviting me to the Commissioners Court meeting. While my
schedule, unfortunately, does not permit me to attend, there
are several important facts about the proposed CREZ
transmission line route that I wish to convey to the
Commissioners. As you may be aware, I recently met with - Kerr
County Judge Tinley to discuss the proposed CREZ line routes
passing through Kerr County. I share the concerns of many
Kerr County residents regarding the routes in Kerr County,
and the Judge and I agree on criteria that the L.C.R.A. and
the P.O.C. should use in selecting CREZ line routes. For
example, the transmission line should not cross private land,
but instead follow public power line easements, highways and
roadways, and property lines. I have not proposed a CREZ
line route, nor have I endorsed any CREZ lines. Rather, my
job has been to respond to my constituents and advance their
voices before the P.O.C. and L.C.R.A. My objective has been
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In addition, I
officials in every county, and look forward to continuing to
work with you in the final stages of this process to protect
our landowners and communities. Thank you for this
opportunity to address this meeting of the Commissioners',
Court. Respectfully, Harvey Hilderbran."
The reference in the letter that -- that he and I
agree on the criteria that should be used in selection of the
route, we were in lock -step agreement with regard to
following existing transmission lines upon which there a're
existing aerial structures as the number -one priority,
because of the factors that I already mentioned. The - the
other criteria, of course, the single poles, he was very
adamant about single poles. Secondary to transmission line
easements upon which there are existing aerial structures, he
talked about other aerial -- other easements, particularly
those with aerial -type structures or facilities, and
secondary to that, other right -of -ways and highways. But
that was the general agreement that we reached, and that's
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JUDGE TINLEY: Weil, that -- certainly, secondary
lines where there are existing structures, because of those
very reasons. I see it as a no- brainer, absolutely. It just
solves a lot of problems. I think the negotiation factor for
L.C.R.A. in dealing with private property owners is going to
be much easier if there are existing transmission lines with
structures on them already on a property owner's property.
COMMISSIONER OEHLER: No doubt.
JUDGE TINLEY: Certainly, there's additional
damage, but the primary damage has already been done, as it
were, so that should make their job easier.
COMMISSIONER OEHLER: I think that's a wonderful
idea.
COMMISSIONER LETZ: I think on the -- and, you
know, need to be very careful on the I -10 route, because it
depends on -- you know, if, for some reason, L.C.R.A. makes
the, in our opinion, wrong choice and puts it on more of one
of the southerly routes, once you get east of Kerrville,, I'm
guessing somewhere about A "lerkamp Road, you know, where
that -- bottom of the hill, somewhere in that area,
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certainly, I would say that then you would want to get to
I -10 as quick as possible, because as you start going into
Comfort, the property fragmentation, if it comes in, you
know, just diagonally up from the northwest, it's just
hurting more of -- interstate, you know, is a difficult
area already right there. And trying to have another
transmission line coming in from the northwest is -- you
know, I think we need to relook at it a little bit.
According to -- I know you hear a lot about I -10, and they're
going to sort of use -- and I agree with that. When you', get
down in this area, you're in a flatter area. You're
talking -- most of those people, I -10's already destroyed
their properties. This is not a whole lot worse, and they
would prefer it, 'cause mostly people own land around t -here,
and they don't want to lose more of their property, so they
think it's preferable to get it, when you get near Comfort,
right on I -10.
COMMISSIONER BALDWIN: I think property owners', can
all make that --
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: -- argument. I mean, I
you. I agree with you.
COMMISSIONER IETZ: But -- anyway, but I think it
most sense, which is following the existing power line all
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the way from up towards Menard. And those people are still
going to have power lines. It`s going to get to a point
where you're -- you know, it's a -- it's Just the duck of the
draw of having that Kendall substation built where it's
built. That's where the power's --
COMMISSIONER OEHLER: The land up there is not
nearly as rugged and rough as it is here. The topography's
much more conducive to building something like that.
COMMISSIONER LETZ: Oh, yeah.
COMMISSIONER OEHLER: Than going through the rough
hill country.
JUDGE TINLEY: You -- from your cost standpoint,
you got a couple of issues with following I -10. If you' re
adjacent to interstate, being a controlled access highway,
you could encounter considerable difficulty in, number one,
the construction; number two, the maintenance of such aline
because of the controlled access aspect of it. If you locate
it next to existing transmission line easements, the
construction issue, if that transmission line were properly
located in the first instance, the first transmission line,
number one, it was constructed at -- at a place where
construction was feasible, or they wouldn't put it there. If
you're going to go right next to it, presumably you --
possibly with some minor exceptions, you've got -- you've got
a feasible route for construction.
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COMMISSIONER OEHLER: Those routes were built when
we didn't have the equipment and things we have now to do ft.
COMMISSIONER WILLIAMS: I think the resolution
adequately covers all those concerns that were expressed by
members of the City Council and others who have talked to you
and other members of the Court, and we need to keep trying to
fine -tune it. But I think we've gotten --
COMMISSIONER LETZ: I think it's -- I'm very happy
with the resolution as written.
COMMISSIONER OEHLER: Needs to get going.
JUDGE TINLEY: Any more on that particular agenda
item?
COMMISSIONER WILLIAMS: A gentleman out there
wanted to talk to us, Judge.
MR. SMITH: If possible.
JUDGE TINLEY: I had you file a participation form
and I still almost forgot you, didn't I?
MR. SMITH: Yeah.
JUDGE TINLEY: Come on up here and tell us -- give
us your name and address.
MR. SMITH: I'm Sam Smith. I live at 265 Whiskey
Canyon Ranch Road, and I just wanted, before you guys make
your final decision, to try to provide some information that
perhaps you haven't had. I made a presentation similar to
this to the City Council representatives, Todd Parton and
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Charlie Hastings, and what I have presented there is a large
map, and it's in color. And the -- gust so you completely
understand that map that I have left there with you -- you
probably do, but the orange lines there are the proposed
routes that L.C.R.A. has proposed that come from McCamey'D
all the way down to Comfort. If you follow those routes,
you'll destroy about 2,280 acres of real estate that has', not
been torn up. The other route that's in blue on your map
there is the I -10 corridor route. That's not exactly the
I -10 corridor route that they proposed. If you look at the
pink on there, you'll see their proposed route.
And I don't understand why, from just -- I'm an old
engineer. From an engineering standpoint, it doesn't make
sense, because if you take part of their proposed segments,
and represented in the blue there, you would save 28 miles of
line. And they have told me that a mile of this type line
costs about a million dollars, so that would cut off a
million dollars in expenditure. And you would intersect 10
out around Junction, and you'd just follow it then all the
way down. Now, since this map was drawn -- and I did this
because what you get if you go to the L.C.R.A. website is a
bunch of little sections of maps, and so you -- so what I did
was put all six of -those sections together, take them down to
a print shop and had it blown up, so you got one map. You
don't have to try to thumb -page this. You can look at this;
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you know exactly where these things are supposed to go. And
then on the green up at the top of the map, you'll see a line
there that goes from the West Texas McCamey D station -- if
you'll notice, over to your right, there's a little
intersection of a dotted line that comes down toward
Now, that section of the line between McCamey D and
that intersection, that's a 138,000 volt lattice tower 'line.
That 'line goes all the way into Fredericksburg, and if you
wanted to see it, if you're driving between Fredericksburg
and Llano, you'll s-ee that thing coming all down through the
country. Well, that's that line. And so what that would do
is you would -- you would have to acquire around 450 or ',500
acres of land between the McCamey D and the Menard station.
And it's out in Schliecher County, which is not very well
populated, so that would be a clean area. And since the
line -- and down in Fredericksburg, they have two
substations. One's up on the -- 'let's see, it's on -- T
believe it's 87, just to the outside of the c - -ty limits.
There's a big -- and then down on the south side of town,
there's a second substation. And so then from that point
there in Fredericksburg, you'll see another dotted line ;going
down into Comfort. Now, that's another 138,000 volt line,
but in past meetings and things that we've attended, that
line is due to be taken out and rebuilt anyway. So -- you
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know, so this would actually minimize the total impact on the
entire area. But one thing we have learned recently that's
line, which is a 345,000 volt line. Now, the line is built.
It's there; it's paid for, and I don't understand why the
P.U.C. can't force L.C.R.A. or somebody to give them the
power to power that line up. Then we don't need any of these
lines. To me, that's the best solution to the whole thing.
I don't know how you incorporate that in your resolutions,
but I have that. It's been given to us on fairly reliable
authority that that is the case, that they do not have
sufficient power to power the line. So, if we just power it
up, then all this stuff becomes moot. I don't see any reason
to have a redundant parallel 345,000 volt line going through
the country. And so that's -- that's it.
COMMISSIONER BALDWIN: The one you're talking'.about
that does -- they don't have the power to power up, --
MR. SMITH: Yes, sir.
COMMISSIONER BALDWIN: -- is that the one that --
MR. SMITH.: Goes down by Wolf Creek.
COMMISSIONER BALDWIN: Uh -huh.
MR. SMITH: Crosses over --
COMMISSIONER BALDWIN: Okay.
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MR. SMITH: -- 16. That's the line that goes into
Comfort now.
COMMISSIONER BALDWIN: Okay.
MR. SMITH: And that's the line --
COMMISSIONER BALDWIN: Not the one that goes around
Fredericksburg?
MR. SMITH: No, sir. No, sir. No, the one around
Fredericksburg is -- you know, that line has been in
existence for some time, and it's -- but it's a 138,000 volt
line.
COMMISSIONER BALDWIN: Okay.
MR. SMITH: But, you know, for easement purposes,
you could very well parallel that line, just like you
gentlemen have got in your proposal there. And, you know,
these -- these easements for this 345,000 volt line take
about 150 feet in width, so if you've got an existing 'line,
depending on where the poles are in that thing, you've
already got some space in there for another line, so you
might not have to -- maybe you'd only have to have 100 foot
extra of space, you know, going down through that area. But
that -- that makes -- anyway, that's what I have to tell you
guys, and hope that's helpful. And thank you very much for
your time.
COMMISSIONER BALDWIN: Thank you, sir.
JUDGE TINLEY: Thank you, sir. I apologize for
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almost overlooking you there.
MR. SMITH: That's okay.
COMMISSIONER LETZ: Buster, the Florida Power and
Light line, it crosses Highway 87, just at the bottom of
Steeler Hill.
COMMISSIONER BALDWIN: Mm -hmm.
COMMISSIONER LETZ: Then it goes into Kendall
County and comes down into Comfort through Kendall County,
essentially, but it comes in across Highway 16 just right up
by the Kendall line north of Kerrville.
COMMISSIONER BALDWIN: Yeah, I know the one you're
talking about out here.
COMMISSIONER WILLIAMS: What is the size of that
Florida Power and Light line? Do you know?
COMMISSIONER OEHLER: He said 345.
COMMISSIONER WILLIAMS: 345?
COMMISSIONER LETZ: It's big. And it's pretty much
model poles, part of it. I don't know if it is all the wav
out, but it is around, I think, the Kerr County portion.
COMMISSIONER BALDWIN: Do we know why that's --
it's basically not being used?
COMMISSIONER LETZ: You know, it would be an
interesting thing to put -- I mean, to add that point,
that -- you know, that before any line should be used -- we
could add another point that before any new transmission
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lines are built, full capacity should be, you know, pretty
much planned on all existing. I mean, I don't think you
necessarily have to have full capacity. They obviously have
to build into the future, but at least it ought to be
planned, and they ought to -- both public and private lines
should be, you know, at planned capacity. It gets -- it's
hard, because it's private 'line; it gets a little -- I
believe there's a lot of issues with that.
JUDGE TINLEY: Essentially, what you're saying is
that consideration should be given to the uzilization of',
capacity on both existing public and private transmission
line easements before constructing --
COMMISSIONER LETZ: A new one.
JUDGE TINLEY: -- new transmission lines?
COMMISSIONER BALDWIN: That's easy for you to say.
(Laughter.)
COMMISSIONER LETZ: You know --
COMMISSIONER WILLIAMS: Good work, Commissioner.
JUDGE TINLEY: Anything else on those agenda items?
Let's move on to Item 24, if we might. Consider, discuss,
and take appropriate action to authorize Kerr County to join
with City of Kerrville as intervenors in L.C.R.A.'s CREZ
transmission line matter pending before the Public Utility
Commission. I put this on the agenda. As I'm sure you know,
the City Council of the City of Kerrville voted to formally
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intervene in the matter before the P.U.C. with respect to
this matter, and in large measure, that was at the urging of
representatives of L.C.R.A. to the Council and -- and staff
of the City. Those same representatives have indicated to me
that, "You need to protect yourself. Don't just pass your
resolution and go to the House. Get before the commission
and continue to press as things progress." Based upon that,
and based upon the fact that the City's criteria for this
transmission line and our transmission -- and the criteria
that we've set forth being the same, I discussed with the
City Manager the possibility of us joining with the City, of
Kerrville as intervenors so that we jointly file before the
P.U.C. as intervenors in this process. They see that as',a
plus. I see it as a plus if we do it jointly, presenting a
unified front. And that's the basis that -- that y put the
matter on the agenda for the Court's consideration today " ;.
COMMISSIONER BALDWIN: Judge, it also -- does it --
am I wrong in my thinking that it also gives us a voice at
the P.U.C.?
JUDGE TINLEY: Absolutely, it will. As
intervenors, it would give both the City and the County
jointly, as intervenors, the right to participate in those
proceedings.
COMMISSIONER WILLIAMS: I think it's the right
thing to do, and I would move that --
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COMMISSIONER BALDWIN: Second.
COMMISSIONER WILLIAMS: -- that we authorize Kerr
County to join with' City of Kerrville as intervenors in the
L.C.R.A.'s CREZ transmission line matter pending before the
P.U.C.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: We have a motion and a second.
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: The motion carries. Let's go to
Item 25; consider, discuss, and take appropriate action or.
calling for a road district in a portion of Lane Valley
Subdivision, and setting a public hearing for the same.
Commissioner Letz?
COMMISSIONER LETZ: Lazy Valley.
JUDGE TINLEY: Excuse me.
MR. SMITH: Do you want copies of this?
COMMISSIONER OEHLER: Just one.
MR. SMITH: I'll go down to the print office and
I'll bring you one.
JUDGE TINLEY: That would be most kind. We
appreciate that, sir.
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COMMISSIONER LETZ: Judge, we can pass on both 25
and 26. There's been more discussion. The individuals in
these developments I've been communicating with are aware
this may jeopardize getting on the November ballot, but we're
just not quite ready to set a public hearing yet.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: We'll pass it.
JUDGE TINLEY: Let's go to Item 27; consider,
discuss, and take appropriate action to receive the audit
report by the Kerr County Auditor of the office of Kerr
County Attorney. Ms. Mabry?
MS. MABRY: Gentlemen, I believe you have an
electronic copy of the audit report. I'd like you to
formally receive it, and if there are any questions, I'll be
glad to answer them..
JUDGE TINLEY: Anybody have any questions on the
audit copy that's included?
COMMISSIONER BALDWIN: Receive it? Okay, I
received mine.
MS. MABRY: Okay.
COMMISSIONER BALDWIN: We need official action that
we have received it?
MR. HENNEKE: No official action, Commissioners. I
just want to commend Ms. Hargis and Ms. Mabry for their work
in conducting the audit and working with my staff very
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professionally and thoroughly, going through the records in
our office. And as the report shows, the -- the o_`fice is
being run well financially. That was the finding of the
Auditor. We've made some minor revisions to make it better,
but Tess did a great job, and I just wanted to publicly thank
her for her efforts. And also --
MS. MABRY: Thank you.
MR. HENNEKE: -- for Jeannie, for her office, 'for
being so cooperative and thorough.
JUDGE TINLEY: Other than acknowledging receipt,
which we are now doing by virtue of the fact we got this!, on
the agenda and you furnished us a copy, anything else you
want us to do?
MS. MABRY: No, sir. That's all.
JUDGE TINLEY: Thank you, ma'am.
MS. MABRY: Thank you very much.
JUDGE TINLEY: Appreciate it:
MS. MABRY: Thank you, Rob. Appreciate it.
JUDGE TINLEY: Let's go to Item 28; consider,'
discuss, take appropriate action to approve preliminary Kerr
County budget calendar and dates for budget workshops.
MS. HARGIS: Just in case everybody didn't have a
calendar, I went and printed them.
COMMISSIONER OEHLER: How about that?
MS. HARGIS: I think you have five there. This is
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a calendar; doesn't have anything on it.
THE CLERK: Is it blank?
MS. HARGIS: Yes, totally plank, just so they know
the dates.
COMMISSIONER LETZ: Why don't you look at it?
Whatever y'all decide.
(Discussion off the record.)
JUDGE TINLEY: It would appear that most of the
budget workshops -- other than matters that can be considered
during regular Commissioners Court days, most of the budget
workshops appear to be on Tuesday.
MS. HARGIS: We did set them on Tuesday, yes.
JUDGE TINLEY: Mm -hmm. That's --
MS. HARGIS: I think y'all have a copy of the
preliminary calendar.
JUDGE TINLEY: Mm -hmm.
COMMISSIONER BALDWIN: I received mine.
JUDGE TINLEY: The only thing -- Tuesday is fine.
If we can -- because of my normally holding mental health
hearings Tuesday morning, if we could wait until 10:00 in the
morning to start them., or in the afternoon, whichever. Other
than that, Tuesday will work for me.
MS. HARGIS: Anybody else?
JUDGE TINLEY: That's the only hang I've got for
Tuesday.
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COMMISSIONER WILLIAMS: Afternoon works pretty
good.
Afternoon works
pretty good.
JUDGE TINLEY:
You prefer afternoon
on
Tuesdays?
COMMISSIONER
WILLIAMS: Frankly,
I do,
yes.
JUDGE TINLEY:
Okay, that's fine.
MS. HARGIS:
Want to start at 1 o'clock
on Tuesday?
Is that
all right? 'Cause
it usually takes
three
or four
hours,
so in order to get
through by 5:00,
we'll
start at
l:Ob.
COMMISSIONER LETZ: The -- so there's really three
workshops?
MS. HARGIS: Right.
COMMISSIONER LETZ: The 6th, 13th, and 20th.
MS. HARGIS: Right, the 6th of July, 13th of July,
and the 20th of July, at 1 o'clock.
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: Now, those are workshops.
There'll be no action taken, correct?
MS. HARGIS: No -- well, there will be some action
taken. If you decide that you want to cut a budget or
increase a budget or something of that nature, we're working
with the budget right now, so it's a working document. We
did that -- that's what you've done in the past.
JUDGE TINLEY: There might be some preliminary --
MS. HARGIS: Changes.
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JUDGE TINLEY: -- consensus or positions reached,
but until we get to the end of the trail, I don't think we
ought to set anything in concrete, for example, in a
particular department's budget. And I think that's the point
the Commissioner was making, and I agree with that.
MS. HARGIS: Yeah, we're just working with the
document at this point. You're taking any special requests
or changes or anything of that nature into advisement. That
just gets us pretty close to having a full month for you to
be able to make those decisions that you need to make.
JUDGE TINLEY: And you've got us some -- a little
cushion here. You got us about a 30 -day cushion.
MS. HARGIS: Yes.
JUDGE TINLEY: Which I appreciate. That way if we
need additional workshops, we can plug them in. If, you
know, we get to some issues that we need additional work on,
but we're backed away from the drop -dead deadline of about 30
days, I think that's good.
COMMISSIONER WILLIAMS: Are you going to schedule
these three, Judge, with -- with whom we meet? How's that
going to work?
JUDGE TINLEY: Well, we'll just -- yeah, we'll cut
up which --
COMMISSIONER WILLIAMS: Who's coming when?
JUDGE TINLEY: Yeah, exactly. As we've done in
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COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: I think one thing that's going to be
easier for us this year, there's going to be little, if any,
consideration to capital items.
MS. HARGIS: There's not.
JUDGE TINLEY: Because we've made provision for
those already. But that will make our process much easier,
'cause that's where a lot of the higher- ticket items are!,
number one, and number two, the lengthy discussions that take
place in looking at information and so forth.
MS. HARGIS: And I would like to compliment all the
elected officials and department heads, because they did get
their budgets all done in a very timely manner, and they've
been very cooperative. I think we're getting smoother and
smoother every year with this process. I think they're
finding it faster. They're glad to see their notes; they can
put their notes in, then you can read them. We're hoping
they continue to do that so that you can read these documents
prior to coming in. That helps, I think, all of us. So,
they've done a really good job. I appreciate it.
COMMISSIONER OEHLER: Well, it's probably going to
come down to how the -- the new proposed -- well, the new
health care law is going to impact us, and salaries and stuff
like that. But most of everything else is --
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COMMISSIONER WILLIAMS: That will be a lengthy
session.
COMMISSIONER OEHLER: Very lengthy session. You'll
find out what all the impact of all this is going to be --
financial impact is going to be.
JUDGE TINLEY: To the extent that's even known yet.
COMMISSIONER OEHLER: I don't think it's quite
known. I've read everything given to me.
COMMISSIONER WILLIAMS: Pretty fluid right now.
COMMISSIONER OEHLER: Yeah.
MS. HARGIS: Thank you, gentlemen.
JUDGE TINLEY: Thank you. Let's go to Item 29, if
there's nothing further on that. Consider, discuss, take
appropriate action-regarding the abandonment of county road
through Ingram Little League property, and to set a public
hearing on the same. We just need a public hearing on that
now; is that correct?
COMMISSIONER OEHLER: That's correct. That's the
first step. And what this amounts to is a road that runs
through the Little League property is a county road; has been
since the State gave it to us back in the early '90's. And
Little League wants to add another field, and they'd like for
us to consider abandoning the maintenance and letting gnat
become Little League property.
JUDGE TINLEY: That's the one that runs behind --
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COMMISSIONER OEHLER: It goes -- you go by the Arts
Foundation and come out over by Cade Loop, or close to it. I
was asked to do this, and I think we need to have a public
hearing. Because, you know, it's really just two property
owners there; it's Little League and Arts Foundation.
COMMISSIONER BALDWIN: What about that part out
there by the Arts Foundation?
COMMISSIONER OEHLER: Doesn't affect that. They
only want -- of course, they can't --
COMMISSIONER BALDWIN: We're going to own 100 ,feet
of road?
COMMISSIONER OEHLER: We're not -- we're going to
give up ownership, is what they're wanting us to do.
COMMISSIONER BALDWIN: To the Little League. What
about the part that's right out there by the Point Theatre?
COMMISSIONER OEHLER: Still remains Point Theatre,
still County - maintained.
COMMISSIONER BALDWIN: So it's still county --
COMMISSIONER OEHLER: We'd just be -- if this
happens, we'll be giving up about a -- probably 400 feet.
I've got the plat in there of what is now County - maintained
road. Give that up to Little League, and then the rest still
remains under county maintenance.
COMMISSIONER BALDWIN: Why would we want to keep
just a little jag of it? I mean; wouldn't we want to aive it
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to the Point Theatre and just get that --
COMMISSIONER OEHLER: We can try that.
COMMISSIONER BALDWIN: -- get that out of the way?
Why couldn't we?
COMMISSIONER LETZ: They probably want us to
maintain it.
COMMISSIONER OEHLER: They probably want us to
maintain it. I don't think they want to maintain it.
COMMISSIONER WILLIAMS: That may be the reason) ;.
COMMISSIONER OEHLER: Yeah. But, you know, that's
just -- I was asked to do this. I think we set a public'
hearing for the -- it would be the first --
JUDGE TINLEY: Be a 30 -day?
COMMISSIONER OEHLER: 30 -day.
JUDGE TINLEY: Then it would have to go to the 26th
of July.
COMMISSIONER OEHLER: 26th of July at 10 a.m..
JUDGE TINLEY: And that's your motion, to have a
public hearing on this matter?
COMMISSIONER OEHLER: Yes, sir.
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to have a
public hearing on July the 26th at 10 a.m. regarding the
abandonment of the county road through Ingram Little League
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property. Any 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: The motion does carry. Let's go to
Item 30; to consider, discuss, take appropriate action to
authorize signage at Fiat Rock Lake Park relating to pet
waste resulting in increased levels of bacteria as monitored
by U.G.R.A. in Riverside Park area of the Guadalupe River.
Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you, Judge. This is
not to take anybody's rights or privileges away. This is
just to talk about degradation in the water, sometimes
resulting from pet waste. Abcut, oh, a month or six weeks
ago, Commissioner Letz and I met with Ray -- Ray, come up, if
you will, please -- Ray Buck of U.G.R.A. and -- and Tara,'
Bushnoe. And Tara has been really instrumental in doing, the
testing and so forth resulting in increased levels of
bacteria in and around our park area, both on Flat Rock and
Louise Hays and wherever. And Tara had some good suggestions
about how we might be able to post some signage which reminds
people that there is a problem with respect to pet waste, and
on your computer, if you have them, are some of the signs
that Tara has put together. And what we want to do is just
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review it with the Court, take a look at it, and let them put
them up. Pretty cute puppy, huh?
JUDGE TINLEY: Commissioner, one thing I was rather
astounded by, all the other sampling points at the U.G.R.A.
Lake where the water supply comes from, and *_hen there by the
Lemos Street Crossing, and then downstream at Split Rock had
E. coli levels of, oh, anywhere from 20 to maybe 25, or
slightly higher than that, organisms per hundred million.
liters, but the Riverside Park, which is that area around
Kerrville- Schreiner, Flat Rock and in there, goes up to just
under 200.
COMMISSIONER WILLIAMS: It does.
JUDGE TINLEY: I was really amazed at that.
MR. BUCK: Would you like me to calculate what, the
program --
COMMISSIONER WILLIAMS: Please, Ray.
MR. BUCK: Thank you, Judge and Commissioners. Ray
Buck with U.G.R.A. In 2002, EPA designated a three and a
half mile segment of the Guadalupe River as impaired in
relation to contact recreation based on the high bacteria
levels that you've noticed in this signage. When I came here
in 2005, the State -- part of that process, once EPA, for the
federal government, designates something as impaired, the
State then is required to come in and do an assessment of
that area, which is called a total maximum daily load. They
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O.G.R.A. applied to the State -- petitioned the
County, which we've done. And Commissioner Lets has served
on our stakeholder group, as well as Ray Garcia, and we've
identified several implementation measures called adaptive
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anagement, 'cause we really don't know where all of it's
coming from, but we do know some of the major sources; pet
waste, waterfowl, and then roosting birds for a big one. And
so part of this issue that Commissioner Williams is
addressing at Flat - Rock is part of what we've identified in
this implementation plan. It's pet waste, and one of the
management strategies that's been approved by the State is
signage and education to get people to recognize the
importance of picking up after their pets and properly
disposing of that waste. And so this signage could be
entirely paid for out of this existing grant that we have
right now.
COMMISSIONER WILLIAMS: How big will the signs be,
Ray, and where do you plan to place them?
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MR. BUCK: We're looking at the ones that you may
have, like this one, probably a 3 -by -4, and then there --
we'll have one big one at the entrance of the park, and then
one -- well, the 3 =by -4, and then another one at the entrance
of the off -leash park. And then throughout the -- and all of
these stations will have the doggy bags -- doggy poop bags,
and there will be several throughout the circular loop on the
bottom.
COMMISSIONER BALDWIN: I thought we already did all
that.
COMMISSIONER WILLIAMS: Not this. Not this.
COMMISSIONER BALDWIN: I understand. Do we -- do
we have poop bags?
COMMISSIONER WILLIAMS: Well, there -- there are
some poop bags out there that were put there by some of the
users of the off -leash park. We've never -- we didn't put
them -- it's not our responsibility and we didn't continue to
stock them, but there is one, I think. Right, Tim?
MR. BOLLIER: Yes, sir.
COMMISSIONER WILLIAMS: And this would be more, I
think, what Ray has in mind.
MR. BUCK: We're looking at putting them on all
of -- probably four around the circle, smaller size.
COMMISSIONER WILLIAMS: Yeah.
MR. BUCK: And then the two big ones for sure.
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COMMISSIONER WILLIAMS: Which would be very
helpful, 'cause people still use the main section of the
park.
COMMISSIONER BALDWIN: You're talking about two
signs?
MR. BUCK: We're talking two big ones, and then
there's some smaller signage that you would use around the
walking track or that area, so that's convenient. They don't
have to go -- if they forgot to pick one up, it's always',
convenient to have a bag. Part of this process, even though
the funds will pay for the signage and the continual
replacement of the bags, we're asking -- the County would be
asked to donate -- and we kind of estimated about 10 hours of
time erecting the signs and picking up the waste on a weekly
basis out of the trash cans.
COMMISSIONER WILLIAMS: On a routine basis.
MR. BUCK: Yes, sir.
COMMISSIONER BALDWIN: Well, I'm not real big on
signs. We're almost to the point now where we're putting up
signs to look ahead for a sign, kind of thing out there. Did
you -- these numbers at that particular park, could that
possibly be part of Third Creek coming in?
MR. BUCK: No, sir. We've identified -- Third
Creek typically is very low, because it has chlorine in it
and it's treated.
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COMMISSIONER BALDWIN: 'Cause it comes out of the
city.
MR. BUCK: Mm -hmm.
COMMISSIONER BALDWIN: Have you thought about
moving those birds to Louise Hays Park?
MR. BUCK: Trying to move them out of Louise Hays
Park.
COMMISSIONER BALDWIN: I know. But Louise Hays
Park's not complaining like we are.
MR. BUCK: Well, in actuality, we're working with
the City on signage there as well.
COMMISSIONER BALDWIN: So, we need to catch those
ducks and move them to Louise Hays Park.
COMMISSIONER OEHLER: Move them up the street; they
go right back down the street where they were.
COMMISSIONER WILLIAMS: Here they come again.
COMMISSIONER OEHLER: I think they -- as I
understand it, they can, you know, through testing, ident fy
the source, and they know it's ducks, birds, and animal --
and dogs, essentially. We know where it's coming from. It's
just -- I'm glad I don't have that problem.
COMMISSIONER BALDWIN: And so are you talkingjaboct
putting signs in the county dog park?
COMMISSIONER WILLIAMS: Entrance to it.
MR. BUCK: Yeah, the entrance to that.
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COMMISSIONER WILLIAMS: And the main entrance
coming in as well.
MR. BUCK: Yes, sir, and then maybe some smaller
signs throughout that bottom area.
COMMISSIONER WILLIAMS: It serves as a reminder to
pick up after your pet.
MR. BUCK: Promotes public awareness. I think a
lot of people don't realize that. It's like litter; if jone
person throws out a piece of litter, doesn't seem like much,
but if everyone does it, it kind of becomes a cumulative --
COMMISSIONER LETZ: And I think it's -- you know, I
think we -- I mean, I think it's a good idea, 'cause I think
it's -- I mean, obviously, we certainly want the river to be
clean, and we got to clean it up, and that's part of the --
you know, the City needs to --
COMMISSIONER BALDWIN: It's those ducks.
COMMISSIONER OEHLER: This is another effort of
trying to allow people to still have the freedom to take
their animals and stuff and pets to exercise them.
COMMISSIONER LETZ: Right.
COMMISSIONER OEHLER: But, at the same time, it
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reminds them to be_a little more diligent about picking up
after their pets.
COMMISSIONER WILLIAMS: That's exactly r_ght.
COMMISSIONER LETZ: And if you're not -- if you
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don't have -- you know, I agree with Commissioner Baldwin
about having so many signs out there, but if you don't
have -- if it's not convenient, they're not going to do it,
bottom line. You got to have the stations, you know, and if
there's enough where people don't have to walk half a mile to
use it, hopefully it will work. And then is there any
funding to keep the -- I guess the little glove things --
MR. BUCK: Yes, sir. We would -- U.G.R.A. would
keep those supplied through the 319 grant.
COMMISSIONER WILLIAMS: You'll work through our
Maintenance Department for that?
MR. BUCK: Yes, sir.
COMMISSIONER BALDWIN: And what is the -- say , t
again? What is going to be required of our Maintenance
Department?
MR. BUCK: Well, erection of the signs initially,
weekl.v oickuo and disposal of the waste. '..
COMMISSIONER BALDWIN: Will the waste be in a
regular trash can? I mean, is that something we're doing
already?
MR. BOLLIER: We pick up down_ in the dog park, yes,
sir. Only place I don't pick -- the only thing I don't do is
put gloves in them, their little poop bags.
COMMISSIONER BALDWIN: But you will start_?
MR. BOLLIER: No, sir.
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COMMISSIONER LETZ: Who's going to do that?
MR. BUCK: I guess it would be county staff, when
they pick up the waste.
COMMISSIONER WILLIAMS: Are you going to provide
receptacles for the waste?
MR. BUCK: Yes, sir, that all comes with it.
COMMISSIONER WILLIAMS: Okay, that's good.
MR. BUCK: I think there's actually a bag inside,
so that when they pick up the waste, they just pull the bag
out, put a new bag in there. I'll double -check that; I'm not
real confident on that.
COMMISSIONER BALDWIN: Better check with them to
see what else they have for you before you walk out of here.
MR. BOLLIER: I really don't want that.
MR. BUCK: I'm at the mercy of the Commissioners
Court. We're willing to help you.
COMMISSIONER WILLIAMS; I appreciate Ray and T;ara's
help on this. I would move approval of the project as
proposed.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
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indicated. Further question or discussion on that motion?
All in favor of that motion, indicate by raising your right
hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER LETZ: You need your part -time person
to do something.
MR. BOLLIER: Part-time person's only for three
days out of the week.
COMMISSIONER LETZ: Only do it once a week.
COMMISSIONER OEHLER: Only takes 30 minutes to do
the whole thing.
JUDGE TINLEY: Let's go to Item, 31; consider,
discuss, take appropriate action on capital /personnel/
financial matters relating to the Airport Services Agreement
between the Airport Board and Kerr County to become effective
on October the 1st, 2010. Commissioner Williams?
COMMISSIONER WILLIAMS: As the Court knows, the
Airport Board unanimously accepted our proposal to provide
services for airport -- routine airport maintenance and so
forth by a five - nothing vote, and since that time
Commissioner Letz and I have been involved in meetings with
our own personnel to discuss exactly what we need to do and
when we need to do it, and hopefully how we need to do it.
And then I've had -- then we had a meeting with Bruce
McKenzie and the airport people, and we reviewed all of our
notes and thoughts as to what was required to accomplish.
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financial and personnel and other matters, and so we need to
talk about them all.
There's going to be some personnel that's going to
have to be advertised for and hired prior to our taking ever,
we would hope in time for us to have some training out there.
I think the last thing that we want to see happen is that on
October 1, we got some green people walking out there
scratching their head and saying, "What do we do now ?"
That's not a good thing. So we need to have those folks on
board, we need to have the equipment on board, and need to be
ready to move into the building that's going to be the
maintenance depo out there for the airport, and that will
be -- for your information, that will be the old B & A
Products building. That's what's going to be turned over to
us for that purpose.
COMMISSIONER BALDWIN: Commissioner?
COMMISSIONER WILLIAMS: Yes?
COMMISSIONER BALDWIN: Before you go any further,
let me ask you a question. Who are these people that you're
going to advertise and train -- advertise to hire and train?
COMMISSIONER WILLIAMS: Who are they?
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COMMISSIONER BALDWIN: Yeah.
COMMISSIONER WILLIAMS: I don't know yet, but we're
going to advertise and find them, and then. --
COMMISSIONER BALDWIN: No.
COMMISSIONER WILLIAMS: -- we will hire Them.
COMMISSIONER BALDWIN: What will they be doing?
You're just hiring a bunch of people? Or do they have
something to do?
COMMISSIONER WILLIAMS: No, we've committed up to
two people to be assigned to the Airport Manager to
accomplish that entire list of things that the Court_
approved.
COMMISSIONER BALDWIN: Maintenance -type people'?
COMMISSIONER WILLIAMS: Yes, sir.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: Maintenance, parks -type.
COMMISSIONER WILLIAMS: Maintenance /parks. And if
there's any heavy stuff, Road and Bridge will take care of
that later.
COMMISSIONER BALDWIN: And there's some -- if my
memory serves me, there are some things that -- like the
changing those big light bulbs or something like that, that
that's not an everyday maintenance -type --
COMMISSIONER WILLIAMS: Not an everyday, but the
checking of them is very routine.
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COMMISSIONER BALDWIN: Yeah.
COMMISSIONER WILLIAMS: If you have to change them
out, you got to change them out. If you got to adjust them,
you got to adjust them. And -- like changing out these bulbs
right there.
COMMISSIONER BALDWIN: Yeah, like changing that
bulb there and this one here.
COMMISSIONER WILLIAMS: Things like that.
COMMISSIONER BALDWIN: Tim. Like changing this one
here and this one over there.
MR. BOLLIER: And that one over there. Three of
them, sir
COMMISSIONER WILLIAMS: Jon, do you --
COMMISSIONER OEHLER: No wonder I can't read. I'm
in the dark.
COMMISSIONER LETZ: We've talked -- Bill and I', have
talked about this quite a bit with Eva and Jeannie, and 'the
idea is that these will be county employees. That way they
have all -- they're under our policy, all of our county
stuff. They're assigned out there, but there is also a
potential that if -- depending on workload, especially during
the winter when it's slower, mainly because of mowing and
weedeating and some of that stuff, they could be partial --
part -time or, you know, split half time at the airport, half
time probably in the Maintenance Department, would be where
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they go. They get some -- you know, and it would be -- that
way they're not just airport employees. They're county
employees that we just assign there to get the work done.
But they will be doing all of the -- everything out there
that the City's been doing except the heavy road work. That
will be done by our Road and Bridge Department. And -- but
it will be all, you know, the lights, changing out the light
bulbs and all that-stuff, custodial work, everything.
that are doing maintenance, and the winter comes along, and
you don't need to be mowing grass. Who makes the call, that
-- that that person's going to go with Road and Bridge for a
couple weeks?
COMMISSIONER LETZ: I think it will be the Airport
COMMISSIONER WILLIAMS: Airport Manager. He knows
what he needs done, and what --
COMMISSIONER BALDWIN: We're going to make that
clear somewhere, in some document somewhere so everybody
understands?
COMMISSIONER LETZ: Yeah. I mean, he -- we've
suggested it with him and he clearly understands, but
probably, yes, it can be in our -- it will be an agreement
between the County and the Airport Board about this, and it
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can be -- certainly, that can be a part of that.
COMMISSIONER OEHLER: So, he can -- basically, we
COMMISSIONER WILLIAMS: That's very possible. And
all the grass growing and weeds, all that kind of stuff.
But, you know, that agreement is very complex, and identifies
a whole raft of things that need to be done. And what our --
our proposal to the airport was is that these people will be
under the supervision of the Airport Manager. If they're not
used, they're not going to be used by him, and they can be
used by us, because they're Kerr County employees. In
addition to all of that, then there are all the other things,
the H.R. involvement. There's the financial department's
involvement, there's the I.T. Department's involvement,
Maintenance, the whole bit. There's a whole raft of things
that we've covered so far, and all these things are under way
right now to accomplish.
COMMISSIONER LETZ: And the bottom line is that
this saves Kerr County, and thereby the taxpayers, about.
$80,000, $85,000 a year -- 80 to 85, somewhere in there,
$80;000 a year on what we're currently paying.
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COMMISSIONER WILLIAMS: Actually, it's going to be
more than that. If you consider what we have laid out this
year and what we anticipate lying out next year, it's going
to be closer to $150,000.
COMMISSIONER LETZ: 150,000.
COMMISSIONER BALDWIN: Saving from what we've ldone
last -- or done in the past? .
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: Doesn't necessarily mean
that it's going to create any kind of income or anything, 1'_ke
that, new income from out there.
COMMISSIONER WILLIAMS: No, not this.
COMMISSIONER BALDWIN: Does it have any -- does the
airport have any income?
COMMISSIONER WILLIAMS: Oh, yeah. Yeah. Our
obligation is only to underwrite the deficit, not the entire
operation. There's a quarter of a million dollars or more
that comes in the airport every year from revenues that's
generated by the properties out there.
COMMISSIONER OEHLER: I'm looking for the day'.
whenever we get it back to a -- a wash like it used to be.
COMMISSIONER WILLIAMS: T'ut's the goal.
COMMISSIONER LETZ: This is a huge step up from
where we've been.
COMMISSIONER OEILER: Definitely. We've got the
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City not providing services that we have to pay for any more;
COMMISSIONER WILLIAMS: So I'm not sure how we want
to proceed, but the Court needs to know that there W4 11 be
personnel hired in advance. And they'll at least be on board
a month in advance, maybe a little bit longer, depending on
what the Airport Manager believes is an adequate training
period. And all the other things that are ongoing,
Ms. Hargis has all her financial things and budgetary issues
under way. I.T., I'm not sure where he is, but it's entering
that -- communications and so forth, all those things.
COMMISSIONER LETZ: We visited with I.T., John
Trolinger, as well, and he's aware and he's going to copy the
web site that the City's currently maintaining, put it out
there and getting the cell phones worked out for being out
there and all the phone system and things of that nature.
There will be a big improvement, actually, because Hill
Country Co -op has a fiberoptic line that's very close to the
terminal out there and that will greatly enhance their whole
computer system at the airport.
COMMISSIONER WILLIAMS: Hill Country Telephone has
got -- I guess their closest line is at Johnson Drive and
Airport Loop, which is a stone's throw to the terminal. Now,
I gave Tim -- Mr. Bollier a big list of things that we
identified that need to be done, and he got on his horse and
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he went shopping the other day.
COMMISSIONER LETZ: Before we get to those, Bill
mentioned it twice, but I want to mention it again, because
there's a budget impact this year that we have not budgeted
for, and that's going to be about a month's salary for two
employees. 'Cause, you know, we need to have the people, on
board and trained out there and working so they're ready to
go October lst. And there's also going to be the equipment
that Tim's talking about; we have to have that purchased,
prior to the budget year, and I don't know how Ms. Hargis
can -- equipment, a lot of those are capital items. I don't
know if she can -- how that works.
COMMISSIONER BALDWIN: Are these the same two
employees that you were talking about a while ago?
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: So, they're going to be', --
we're going to pay for them for a couple of months, and ;then
what happens?
COMMISSIONER LETZ: For one month.
COMMISSIONER WILLIAMS: Four to six weeks at the
most.
COMMISSIONER LETZ: We'll budget for them for next
year. We haven't budgeted for them for this year. We're
going to have one month out of this budget year.
COMMISSIONER BALDWIN: I see what you're saying.
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COMMISSIONER LETZ: We're going to have to find
that little bit of additional money, which is not a budgeted
item right now.
COMMISSIONER BALDWIN: Is the board going to hire a
court reporter?
COMMISSIONER WILLIAMS: That's part of the
interlocal, yes.
COMMISSIONER LETZ: We provide -- and they're
working on --
COMMISSIONER BALDWIN: The board's going to hire
that person and pay that person?
COMMISSIONER LETZ: It's -- no.
COMMISSIONER WILLIAMS: It's our --
COMMISSIONER LETZ: Kathy Banik, we're working with
her scheduling to have her provide those services. Hopefully
Kathy will do it.
COMMISSIONER BALDWIN: And, 'like, as an example --
well, I tell you, you're going to run into a storm. For
example, today. You have an airport meeting at 3:00 --
COMMISSIONER WILLIAMS: They're going to change
that.
COMMISSIONER BALDWIN: Airport meeting at 3:00, and
she's going to be sitting right there, so how are you going
to do that?
COMMISSIONER WILLIAMS: We've got her available
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dates when her time is not conflicted, and we've asked them
to consider moving their board meeting.
COMMISSIONER BALDWIN: Why don't you have the board
to hire their own person, and don't worry about that?
COMMISSIONER LETZ: Then we pay for it.
COMMISSIONER OEHLER: Then we have to pay for it.
COMMISSIONER BALDWIN: We're going to pay for it
anyway, but why doesn't the board pay for it?
COMMISSIONER OEHLER: We have another one.
COMMISSIONERLETZ: I mean, it's just -- if it gets
to the point that Ms. Banik can't do it, yeah, we'll have to
hire someone. Because, I mean, the County pays for all the
services; they don't have any independent money.
COMMISSIONER BALDWIN: Yeah, okay. Okay. I'm
sorry to interrupt you, Bill.
COMMISSIONER WILLIAMS: That's okay.
COMMISSIONER BALDWIN: I'm not getting smart with
you. Yet.
COMMISSIONER WILLIAMS: It's coming, though.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER WILLIAMS: All right, Tim.
MR. BOLLIER: Okay. I have -- that list of tools
that I have given to you came from Ranchers out off of 27 up
by Ingram. If you'll look on there, you'll see that Mr. Bill
gave me -- Commissioner Bill give me this list of a blower --
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he needed a blower, chain saw, trailer. The trailer is not
pricing on that. You got high -wheel trimmers, Honda
self - propelled walk- behind mowers, pole saw, riding
lawnmower, weedeaters, the tractor on there, a 40 -horse
tractor on there with a 6 -foot shredder and a bucket on it,
and',that's a Bobcat. That comes from Bobcat. And when I was
looking at all this and I saw that tractor, I went out there
and ,I was talking to these guys. T_ thought that was a pretty
good idea, because on that tractor on the front, you can put
on all kind of attachments. It works just like a skid
loader. You can put forks on it; you can put anything on it
that you can imagine. Anything. And it's a 40 -horse
tractor, and I believe the price on that tractor was 24 -- a
little over 24, and then there's a riding lawnmower down,
there, a 54- inch cut, for sixty -- what is it, 69 or 66?
And then all the other stuff that I added in is one -- just
as a basic package deal with those guys. The total price was
$33,978.
MS. HYDE: Wow.
MR. BOLLIER: I thought it was pretty good. I
What's this number at the
bottom that says 24,000?
MR. BOLLIER: That's just for the tractor, sir.
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COMMISSIONER WILLIAMS: That's just the tractor?
MR. BOLLIER: Yes, sir.
COMMISSIONER LETZ: The --
JUDGE TINLEY: My understanding was that the -- the
mowing was a separate budget item in the airport's budget.
COMMISSIONER LETZ: That's the mowing --
JUDGE TINLEY: By separate contract.
COMMISSIONER LETZ: The mowing of the large
acreage, which is 400 acres out there, I think is under ',a
separate contract that is -- that's -- but all of the
mowing -- this mowing around the buildings and mowing right
along the runways is not part of that contract.
COMMISSIONER WILLIAMS: And around the lights.'
COMMISSIONER LETZ: Around the lights. The reason
for the tractor is that they've got to keep the weeds and the
Johnson grass and stuff right next to the runway lower than
they do the rest of it, and they have to do that about every
two weeks. And they only mow the whole property about four
times a year -- you know, three to five, depending on how wet
the year is. They originally -- at first, they really talked
about more of a lawnmower, two lawnmowers. Makes a whole lot
more sense to me on usage and wear and tear to get a small
tractor with a shredder on it that they can do a whole lot of
this work with, and save the lawnmowers for their other
areas. They would be happy -- or I think, you know, it may
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for a new one, too. When you get with a -- get the warranty
and all that, I mean., might make good sense to get that one.
MR. BOLLIER: I also went as far they have a bigger
It's a
72 -inch
cut.
Now,
then,
the
-- when
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Williams
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something that may need to be moved around. Well, if you
didn't need the tractor, I believe that the two -- that ',you
could honestly get you one of these 54 -inch cuts and 72 -finch
cut, do all the cutting you want to do. 'Cause I have two
big John Deeres at the barn that's 54 -inch cuts. I can cut
-- I can cut a lot more than what you you're going to cult
with that tractor and that shredder in one day
COMMISSIONER LETZ: That might be the way to go,
then. The purpose of the tractor -- they need a lawnmower
that's capable of running, you know, basically the footage of
the perimeter of the runways, 6, 12 -- 15,000 feet, you know,
'cause it's one pass. So, I mean, it's -- you know, it's
more than a normal riding lawnmower that you're going to want
to ride 3 miles down, but it doesn't have to be a tractor
necessarily. It's --
COMMISSIONER OEHLER: If you're cutting -- if
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you're cutting with a 72 -inch, that's getting more than that
little mower, that little shredder behind the tractor. It's
Yeah. So, you know, that -- 1
MR. BOLLIER: Not ever. quite 5 foot.
COMMISSIONER OEHLER: Not going to cut it near, as
pretty, either.
MR. BOLLIER: Once you get on those riding
lawnmowers, it's going to make it look good, not just goring
to -- I call it a hack job, 'cause it just hacks it, throws
it down. There's nothing cut even. I mean, you never know
what the shredder's going to leave behind.
COMMISSIONER LETZ: The other point of that is that
the lawnmower with direction shoots the material away from
the runway. With the shredder, you never know where it's
going.
COMMISSIONER WILLIAMS: The idea of a tractor came
Bruce McKenzie, but, you know, we're not hooked into that if
there's a better solution.
COMMISSIONER LETZ: Yeah. I defer to Tim, because
the -- I mean, the problem is mowing the length of, you know,
3 miles or so of runways every couple weeks. If it's if
that's better done with a b=ig lawnmower, that's fine.
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Because they're getting a pickup to haul things around; the
tractor shouldn't be needed for that. And if they need a
tractor like that, Road and Bridge has one they can loan them
every once in a while, or you have a skid steer. No reason
to get more equipment than we need.
MR. BOLLIER: You can get -- iike I said, I believe
the price on the big 72 -inch was just a little over $10,CCO
for the big one.
COMMISSIONER LETZ: I think that might be the way
to go. And that would get --
MR. BOLLIER: You might want to go with a 54 -inch
cut, one 54 -inch cut and one big 72 -inch cut.
COMMISSIONER WILLIAMS: What do you think?
COMMISSIONER LETZ: I think it's -- you know, jI'd
let -- you know, I'll defer to Tim, 'cause he deals with this
mowing a whole lot more than I do.
MR. BOLLIER: All my guys like the riding lawnmower
a lot more than they like riding on a tractor.
COMMISSIONER LETZ: This is like a zero -turn?
MR. BOLLIER: Yes, sir, it's zero -turn. That's
what they are, zero -turn.
COMMISSIONER LETZ: You can go around these lights
rea_ quick with that. No backing up and stopping.
COMMISSIONER OEHLER: Yeah. If you keep that a
little over the side on doing those lights, you don't have to
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do as much weedeating either, if that's legal.
MR. BOLLIER: With that tractor, you're not going
to get around those lights.
COMMISSIONER WILLIAMS: What do you estimate the
cost to be, Tim, by changing it?
MR. BOLLIER: If I change it, I can see the -
we'll be saving probably a little over --
COMMISSIONER LETZ: 10,000.
MR. BOLLIER: Right at $10,000. I don't believe it
will be quite 10; be somewhere around $8,500, just doing the
calculation in my mind.
COMMISSIONER WILLIAMS: I think you ought to go out
and get a new quote. There also is a pickup truck -- we need
a pickup truck.
MR. BOLLIER: I got a pickup quote -- what did I do
with it? -- pickup quote from Ken Stoepel Ford. White
pickup, F -150, four -door. It's the same price we paid for
those down in the Maintenance Department, $21,982.
COMMISSIONER WILLIAMS: For the Court's benefit,
there is one truck out there that the Airport Board bought
for the Airport Manager right after we moved -- the
interlocal agreement was signed, you know, setting him up
independently. And what they did, though, they -- pretty
much on the cheap, they bought a two -door. And it turns) out
over time, you know, that Mr. McKenzie has many
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opportunities, I guess, or obligations to take people out to
the ramped aircraft, and he can only get one or two people in
the front seat. He needs more -- more space. So, the
thought was we would get a crew cab, basically, and give that
to the Airport Manager for his use up front, and take that
pickup that he currently has and put it in the Maintenance
Department.
MR. BOLLIER: And Mr. -- and Commissioner Bill: also
asked me to look into a trailer big enough to -- to haul, the
equipment with.
COMMISSIONER WILLIAMS: Doesn't have to be an
18- wheeler, Tim.
MR. BOLLIER: No, sir, but it's big enough. I loo'{
-- you asked me for a landscape trailer. I have found an
18 -by -7 out at Back 40, and it looks like this. Probably
going to be -- going to have a deal on the end, you knoll,
where they can store the weedeaters and stuff.
JUDGE TINLEY: Two axles?
MR. BOLLIER: Two axles. The price on it was 3550.
But it's an 18 -by -7, 18 foot long by 7 foot wide. You're not
going to get two riding lawnmowers on it unless it's 18 ',Foot
long.
MS. HYDE: They're going to carry them on the back
of the truck?
MR. BOLLIER: Yes, ma'am.
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COMMISSIONER BALDWIN: They're going to carry it in
the back of the truck?
MR. BOLLIER: It's a tag -along trailer, yes.
COMMISSIONER WILLIAMS: So, we need -- can't do a
budget amendment quite yet, can we?
COMMISSIONER LETZ: No. We're looking at a total
of all that for, you know, at or less than we put in the
original estimate of 25,000 for all this stuff. So --
COMMISSIONER WILLIAMS: Plus the pickup.
COMMISSIONER LETZ: Plus the pickup, which is a
lease.
MR. BOLLIER: You're looking at -- if we go with
the', -- if we go to the two riding lawnmowers, you're looking
at cutting that 33,000 down to 23,000.
COMMISSIONER LETZ: 23. Then you add -- you don't
have the trailer in there?
MR. BOLLIER: Add it. With the trailer in there,
you can have -- let's just call it 27,000, 'cause it's going
to change; be right up there with it.
COMMISSIONER WILLIAMS: Why don't you get new
quotes? Then we'll come back, then we'll figure out when we
have to do a budget amendment.
COMMISSIONER LETZ: Also, we probably should -- I
mean, I think we need to get the quotes. What's the time
period for ordering the -- to have the stuff in our hands?
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MR. BOLLIER: Johnny Cantwell out there told me
that they don't carry -- he doesn't have the big riding
lawnmower in stock, but it would take them about three days
to get it.
COMMISSIONER LITZ: So we really don't -- we don't
need any of this until middle of August.
COMMISSIONER WILLIAMS: Middle of August.
MR. BOLLIER: Okay.
COMMISSIONER LETZ: At that point we'll find chat
where we have some money -- or give Ms. Hargis some time to
find some money.
COMMISSIONER WILLIAMS: Okay. Thank you, Tim..
COMMISSIONER LETZ: And during that interim, We can
work on the interlocal agreement. And this list, we can
provide to the Airport Manager. You know, want to make ',sure
that he signs off on it before we purchase it. I think that
it's his decision, not ours.
COMMISSIONER WILLIAMS: One other little footnote.
The interlocal agreement, or the agreement between
Commissioners Court and the Airport Board was a topic of
discussion, but Mr. Henneke is going to do the draft of ',that
agreement, since it is a county agreement with the Airpdrt
Board for services to be rendered. So, we'll see that later.
MR. HENNEKE: It's in the works.
JUDGE TINLEY: Okay, folks. Looks like we still
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got a ways to go. Why don't we adjourn -- not adjourn.,
recess until 2 o'clock. Come back at 2:00, and we'll finish
it up.
(Recess taken from 12:21 p.m. to 2:05 p.m.)
JUDGE TINLEY: Okay. Let's come back to order, if
we might. We were in recess. Let me go back to --
COMMISSIONER OEHLER: Almost need an index on ',this
agenda.
JUDGE TINLEY: Mm -hmm. Item 19, to consider,
discuss, take appropriate action to -- concerning approval of
bid',by Guardian Security for security camera system for ',Kerr
County Sheriff's Annex. That was the one that we had
questions about whether it needed to be bid or whether or not
it -- it was single source. As it turns out, we've skirted
all those issues, because Guardian Security Services is ',a Buy
Board company.
COMMISSIONER WILLIAMS: Is a what?
JUDGE TINLEY: Buy Board. Through Buy Board.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: So that takes it out of the mix.
COMMISSIONER LETZ: So, we need --
COMMISSIONER OEHLER: To approve the --
COMMISSIONER BALDWIN: 40,407.
COMMISSIONER LETZ: I approve -- I approve the
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purchase from Guardian Security of the security camera system
for Kerr County Sheriff's Annex in the amount of $40,107
dollars, and as a Buy Board purchase.
COMMISSIONER BALDWIN: 107?
COMMISSIONER LETZ: 107.
COMMISSIONER BALDWIN: 407.
MR. BARTON: 40,407.
COMMISSIONER LETZ: 407, sorry.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: I have a motion and second as
indicated. Further question or discussion on that motion?
Ali 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. Now, B'et's
see if we can get back to where we were. Item 32 is to
consider, discuss, take appropriate action to reject the
Rubio Construction bid for sewer construction improvements,
Phase IV, Kerrville South Wastewater Project, due to lack of
available grant funds under Texas Community Development Block
Grant Contract Number 728065. Commissioner Williams?
COMMISSIONER WILLIAMS: Yes, sir. Got another --
the Rubio bid came in at four hundred and -- I've got it
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here; just a second. I want to say 81, but I'm not sure.
COMMISSIONER OEHLER: Buster didn't think so.
COMMISSIONER WILLIAMS: I think it was 481,000.
The bottom line is that we have 359,000 left to work with,
and so we're not going to be able to accomplish everything
that we wanted to accomplish, and it's going to require 'a
rebid. The elements that we had in there before, as you may
recall, was the Ranchero Road properties on the -- from '16
down to Mini -Mart there, on down to Ripplewood. I think
there's eight properties there, eight or nine. And then the
Southwind Mobile Home Park, which has a significant number of
recipients in it, which is good. And the other element 'which
is an alternate bid was to move up Quail Valley from the lift
station and catch a couple more homes on Quail Valley to
satisfy the number of recipients that we have to have. The
grant -- the grant terms require us to serve at least 39'
people with this grant. Right now, with the Southwind, and
not having the Ranchero piece in because of the extra expense
involved, for the time being we're at 32 recipients, and we
need 39. We can accomplish that by backing up a little 'bit
on Quail Valley, picking up a couple more homes, which 14ill
give us seven or eight more recipients, and that takes away
the problem of not satisfying the grant. ^he biggest bid was
481,144, and that came in considerably over the -- about
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JUDGE TINLEY: Okay. The Court'll call Cause
Number 33; to consider, discuss, and take appropriate action
to authorize project engineer to modify plans and
specifications and rebid contract for sewer improvements, in
Kerrville South Wastewater Phase IV under Community
Development Block Grant Contract Number 728065.
COMMISSIONER WILLIAMS: So, I want to reject
Rubio's bid, and then the engineer will take a look at the
plans one more time, and the base bid then will be for
Southwind Mobile Home Park; we'll pick all that up, as we've
been wanting to do for some time, and the alternate bidlwould
be essentially, if necessary, come back up Quail Valley two
or three houses, pick up the necessary number of recipients
to qualify so as not to impede the grant. So, that's the
sense of what we're doing. And we think that if we get some
decent bids, or more than one, maybe this time we'll be able
to pull it off.
COMMISSIONER BALDWIN: Bill, the -- not too long
COMMISSIONER BALDWIN: -- we had -- we're having a
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hard time getting the owner to Sign off on it.
COMMISSIONER WILLIAMS: Southwind's good. is's
fine.
COMMISSIONER BALDWIN: Everything's cool?
COMMISSIONER WILLIAMS: Yeah, he's fine.
COMMISSIONER BALDWIN: He's in California, I think,
wasn't he?
COMMISSIONER WILLIAMS: No. No, you're thinking
about Oak Grove. You're thinking about Oak Grove.
COMMISSIONER BALDWIN: Well, once you get
California in your mind, it's just -- everything just blurs
anyway.
i
I COMMISSIONER WILLIAMS: No. Ken Staggs is the
owner of Southwind. He's been very, very cooperative from
the',very beginning.
COMMISSIONER BALDWIN: Okay, very good.
COMMISSIONER WILLIAMS: You're thinking about'
the -- the owner from San Clemente, California, who had
purchased the Oak Grove Mobile Home Park. And suffice it to
say, our relationship with him,was not conducive. Was that
diplomatic enough?
COMMISSIONER OEHLER: That's way more diplomatic
than Precinct 4 would have been.
COMMISSIONER WILLIAMS: So, with the Court's
permission, I would move that, first of all, we reject the
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Rubio bid for $481,144. 481,144.
COMMISSIONER BALDWIN: I second that motion.
JUDGE TINLEY: Motion made and seconded 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: The motion does carry.
COMMISSIONER WILLIAMS: And on the next one, I'
would ask the Court to give authority for the engineer to
redesign the bid specs and so forth, placing the Southwi'nd
Mobile Home Park as the base bid, and anything we need extra
to accommodate the extra sewer hookups would be on Quail.
Valley.
COMMISSIONER BALDWIN: I second that motion.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion on that motion? All in
favor of the motion, signify by raising your right :nand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER WILLIAMS: Thank you, Judge.
JUDGE TINLEY: Okay. Now we'll move to Item 34;
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148
consider, discuss, take appropriate action on Change Order
Number 2, contract with Kendnel Kasper Construction on Kerr
County Sheriff's Annex /Adult Probation building project.
This was put on to accommodate some add -ons that are needed
out there, some of which were required by the City, primarily
the fire marshal, as I recall. And then some additional
concrete work that was needing to be done, or modifications
to Foncrete work that falls under the -- under the site 'work
portion that Road and Bridge is doing, and they don't have
the capacity to do. And then we added some extra conduits in
order to pass some more -- be able to install additional',
lines of any particular type that we may want between the
Sheriff's Office and this building, looking down the road
with data transmission lines, telephone trunks, things of
that nature, looking at -- maybe down the road at some sort
of joint dispatch or data transmission, or an educationall
center out there in the middle of the building. Whatever
purpose that may be needed, it's a whole lot cheaper to do it
now than it would be to go back in there and cut that thing
up and put those lines back underneath that concrete roadway.
The -- these have been reviewed by the architect, each and
every one, at a total additional cost of $14,462.03 for ',all
of the 1 through 9 proposals for the additional work.
COMMISSIONER BALDWIN
Let me see, 14 -- what is
it, 14,462.03?
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JUDGE TINLEY: Mm -hmm.
COMMISSIONER BALDWIN: Yeah. Judge, I went into a
deep coma here awhile back, and --
COMMISSIONER WILLIAMS: Again?
COMMISSIONER BALDWIN: Yeah. And I'm just now
coming out of it. And I -- I'm not going to ask this
question, but if I were, the question would be, where do we
ge-- the 14 grand? Where is that?
JUDGE TINLEY: It's in the capital --
COMMISSIONER BALDWIN: In the same pot?
JUDGE TINLEY: Mm -hmm. And don't ask me what la
Knox box is.
COMMISSIONER BALDWIN: I'm not going to. I saw
that on there.
JUDGE TINLEY: Yeah, something to do with the ',fire
marshal.
COMMISSIONER OEHLER: I thought it was something to
do with interrogation.
COMMISSIONER BALDWIN: Oh, that's water - boarding.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: See, the --
MS. HARGIS: Jell -O.
COMMISSIONER BALDWIN: Jell -0. So, basically, this
$14,000 was -- I mean, us old country boys, we just build a
building out there and function and go on. But the fire
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marshal's gotten involved, and we're coming up with 14,000
more dollars. Can I say that?
JUDGE TINLEY: Mm -hmm. Yeah.
COMMISSIONER BALDWIN: Thank you. Looks like the
fire marshal's cost us 14 --
COMMISSIONER OEHLER: Are we going to have another
fire station out there?
JUDGE TINLEY: We've almost got one. We got our
ownlfireplug now.
COMMISSIONER WILLIAMS: If we get it close enough
to the airport, we can use it for the airport.
JUDGE TINLEY: Making some headway here.
COMMISSIONER WILLIAMS: Couldn't miss that one.
COMMISSIONER BALDWIN: Touche. Well, I move t',hat
we do whatever the item asks for.
JUDGE TINLEY: That we approve Change Order Number
2?
COMMISSIONER BALDWIN: _ That's it, yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: We have a motion and a second to
approve the Change Order Number 2. Question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. That takes
Cooperative in its efforts to provide local calling services
throughout its entire service area. Commissioner Williams
again.
COMMISSIONER WILLIAMS: Thank you, Judge. I 11 : ad a
telephone call from one of my constituents who's on the board
of the Hill Country Telephone Co -op -- Amy, are you here',?
Yes, you're here. Come up to the podium, please, if you
will. And the whole idea was that Hill Country Telephone is
contemplating, I guess, a petition to the Public Utilities
Commission to basically eliminate any toll calls for its'',,
users within its 15- county service area.
MS. FAIRCHILD: Yes, sir.
COMMISSIONER WILLIAMS: Or is that 15 -- 15
MS. FAIRCHILD: 15 exchanges, 14 --
COMMISSIONER WILLIAMS: Fourteen counties. And so
these -- these local surcharges on local -- surcharges on
local calls, it's necessary for us to weigh in, say we think
it's a good idea, and -- and name people who will be a
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primary contact. Is that correct, Amy?
MS. FAIRCHILD: Yes. I believe they're calling it
a designated representative, so it's just something that will
speak --
COMMISSIONER WILLIAMS: A designated
representative. And so what the resolution does is say we
like the idea; people should not have to have tolls on their
calls. And it names Commissioner Oehler and Commissioner
Letz and yours truly to be the designated representatives.
COMMISSIONER LETZ: Why not him?
COMMISSIONER BALDWIN: Yeah. I'm voting no on this
thing.
COMMISSIONER WILLIAMS: He doesn't have an exchange
in his precinct -- one of these exchanges.
COMMISSIONER BALDWIN: That's no excuse, Bill.
COMMISSIONER WILLIAMS: Okay, we'll add yea,
Buster. I don't want you to have your feelings hurt.
COMMISSIONER BALDWIN: All right, no. No, that
airport's going down. (Laughter.)
COMMISSIONER WILLIAMS: So, anything we missed,
Amy?
MS. FAIRCHILD: No, that's pretty much covered it.
COMMISSIONER WILLIAMS: Move approval of the
resolution.
COMMISSIONER OEHLER: Second.
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COMMISSIONER LETZ: Second -- third.
JUDGE TINLEY: Motion made and seconded for
approval of the resolution. Question or discussion on the
motion?
COMMISSIONER BALDWIN: Um --
JUDGE TINLEY: All in favor of the motion, signify
by raising your right hand.
COMMISSIONER BALDWIN: Guess not.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
COMMISSIONER WILLIAMS: We'll get you a copy.',
COMMISSIONER LETZ: Is there a good chance of ',this
going through?
JUDGE TINLEY: Motion carries.
MS. FAIRCHILD: It looks like there will be, yes.
We've been working on this for a while. We finally gct',sorre
support that looks very good for us.
COMMISSIONER LETZ: Good.
MS. FAIRCHILD: It'll be a little while, but we're
working on it.
COMMISSIONER OEHLER: Sure be nice, 'cause I don't
know -- when I moved to Kerr County back in -- back to Kerr
County, it was long distance from Mountain Home to Kerrville
for years.
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deal.
COMMISSIONER OEHLER: Just tie that part in the
middle together with all that; it will be wonderful.
COMMISSIONER WILLIAMS: We could name Commissioner
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COMMISSIONER
LETZ: Long distance from Comfort
to
Kerrville
now.
COMMISSIONER
OEHLER: Still long distance to
Center
Point from
Mountain Home.
MS. PIEPER:
From Center Point to Kerrville,
it's
not long
distance any more.
COMMISSIONER
LETZ: He said Mountain Home to
Center
Point.
I'm -- a lot of
people in a lot of our exchanges
are
pretty --
COMMISSIONER
BALDWIN: So we'll be able to caul
Katlemcy?
MS. FAIRCHILD:
Yes, sir.
COMMISSIONER
BALDWIN: Or Fredonia?
MS. FAIRCHILD: Fredonia, Katemcy, Pontatoc,
Yes.
COMMISSIONER
BALDWIN: Pontotoc. Be able to
Qall
Pontotoc
free?
MS. FAIRCHILD: That's our goal. Local.
COMMISSIONER
OEHLER: Leakey.I,
COMMISSIONER
WILLIAMS: This is a biggie.
COMMISSIONER
LETZ: This is big.
COMMISSIONER
BALDWIN: This is big. This is
a big
deal.
COMMISSIONER OEHLER: Just tie that part in the
middle together with all that; it will be wonderful.
COMMISSIONER WILLIAMS: We could name Commissioner
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Baldwin as an alternate in case we all get sick.
COMMISSIONER BALDWIN: I may need your help before
COMMISSIONER WILLIAMS: Thank you, Amy. Thanks for
MS. FAIRCHILD: Great. Thank you, gentlemen.'
JUDGE TINLEY: Okay. We will now go to Item 3,6;
consider, discuss, take appropriate action to notify T.W.D.B.
of our intention to request a 90 -day extension of Grant'
Agreement Number G090003 set to expire on August 31st, 2010.
COMMISSIONER WILLIAMS: Last week, at the
conclusion of all my Kerrville South meetings and so forth
and so on, while the Judge was out of town, I was using the
courtroom here and in a meeting with the engineers on the
Center Point project, and Jody handed me an e -mail which', came
from Texas Water Development Board, in effect saying that our
records indicate that the grant agreement between Kerr County
and Texas Water Development Board expires the end of August
of this year, and please respond to the attached notification
if an extension is necessary. We talked it out very
carefully, 'cause there are a lot of things happening. And
while I don't particularly like the idea of asking for
another extension, I'm not too troubled by a 90 -day
extension, because most of the delays that we've encountered
in terms of submission of the -- of the, to -date, three
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elements of planning that are under this particular grant,
the fourth one is forthcoming, the delay has not been on our
part. Some, but not ail. A lot of it has been in the review
process and getting the comments back.
So, in order to wind this up, get Section D in
place and comments back, get the environmental under way, and
we'll talk about that in a second, we seem to think it would
make good sense if we asked for -- and they're giving us', the
window to do that -- a 90 -day extension of this particular
grant agreement, and then that should wrap up this parti',cular
section of mapping. And then the next thing to come down the
line will be, after -- after the Subsection D is completled,
then we will be entertaining a new application to Water
Development Board for the next level of planning for the
sewer system. So, what this amounts to is asking the
authority to send a letter, and to request a 90 -day extension
of the grant agreement as identified.
COMMISSIONER LETZ
Have we requested an extension
previously?
we could force the issue, but with the environmental going on
right now, maybe Ray -- Ray, come to the podium, and you can
talk a little bit about this. One of the things that's very
important to the project is that the Texas Department of
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COMMISSIONER
WILLIAMS:
We
asked
for a
year,
and
got it.
Yeah, we did.
And this
is
up on
August
31st.
And
we could force the issue, but with the environmental going on
right now, maybe Ray -- Ray, come to the podium, and you can
talk a little bit about this. One of the things that's very
important to the project is that the Texas Department of
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Health Services finds -- gives us a nuisance finding in the
Proposed service area. That elevates our opportunity for
additional grant moneys, and it's just very necessary. We
knew they were going to hit the road over there and begin
their survey and investigation, and our Environmental Health
Department has done a magnificent job in preparing all sorts
of stuff that would be helpful to them in this -- this
particular investigation. What they didn't tell us was when
they're going to start, and all of a sudden, they show up
over there and they're poking around in people's yards and
they're going back in the back and they're asking to take
pictures of septics and so forth, and it's -- the whole
community's excited as to what Big Brother's doing now and so
forth. So, I asked Ray to look into it to be sure that
that's what was going on, and he did, and he -- we did
confirm that that's what's happening. Right, Ray?
MR. GARCIA: Yes. In fact, that's what was
happening. Also, one of the other problems with that, with
their nuisance fact finding that was going on in Center
Point, they were overlapping with the census people, so they
were meeting with twice the resistance of people letting them
come into their properties and get the information needed for
this grant. But since, talked to the inspector, the state
health inspector that's out there with their people, and we
straightened out a few things. She called in to the
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Sheriff's Office and -- because the Sheriff and ourselves, we
had some complaints that there were people out there asking
around, getting -- asking for information for their septic
systems, which they thought it was the county. But once we
figured all this out, then we figured that they did get
started, like Commissioner Williams said. We pretty much
found out that the other problem was that the census was
going up to certain addresses, certain residences, and then
here comes the State Health Department right in back of them,
so they were getting hit twice, and it was a bad feeling', all
the way around, so we can didn't get much cooperation on'
that. But she says now they're trying to split their -
split Center Point up, and hopefully -- we haven't received
any complaints as of yet. But we offered help to help her
or, you know, if the residents had any problems or concerns,
that that they could call us and we would reassure them that
that's what they were doing for part of this grant.
COMMISSIONER WILLIAMS: You know, part of the
problem is not properly identifying yourself when you're
coming into somebody's home, on their property or in their
yard, and telling them why you're there and doing it the
right way. And that has happened. In the discussion we had
the other day with the engineers and with our consulting'
engineer, we talked about the need perhaps to have a
right -of -entry consent document prepared, and I have a draft
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COMMISSIONER LETZ: No. I will move -- have you
made a motion yet? I'll make a motion we approve the
extension -- or request an extension for 90 days.
COMMISSIONER WILLIAMS: I'll second it.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion on
'
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
go to
Item 37; consider, discuss, take appropriate action rega',rding
the occupancy of the new Sheriff's Annex - slash -Adult
Probation facility. Commissioner Baldwin.
COMMISSIONER BALDWIN: Thank you, Judge. I just --
I've heard from a couple of folks, and we had talked about
previously, you know, the 216th Adult Probation and the
Sheriff -- of course, Sheriff's Office going in that
building, and then we have talked about -- you provided us a
letter from the 216th D.A. requesting office space, and 1198th
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Probation office is wanting to go in there, et cetera. And
it looks like to me -- I drove by there early this morning,
close to getting that thing ready to move in -- not ready to
move into, but it's getting close. And it seems to me that
there, who's going to be in the thing. And so that's just --
I think that we need to have that discussion and make some
decisions on exactly how it's going to work. Rusty mentioned
the',other day a possibility of putting together a -- I'm not
talking about building a gym in there, but a little area to
work out -- work out, and for,all county employees. And',I
can see -- the program that he's talking about putting in
there, I have done before, and it's extremely beneficial to
all that do it. And I can see how the thing could maybe work
with our insurance program as a health issue. But, anyway,
lust, you know, those kinds of things. I just think that we
need to talk about it and make some decisions. So, I have a
letter from the 198th Judge that sayeth -- that's Old
Testament talk, "sayeth."
COMMISSIONER WILLIAMS: What chapter?
COMMISSIONER BALDWIN: He has one employee, and
possibly moving them in there. And I'm just kind of -- you
know, I think we need -- it's time to make some decisions
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about all that. What do you think? Anybody? Ray, what do
you think?
MR. GARCIA: I like the gym.
COMMISSIONER BALDWIN: He wants the gym. I want
the gym.
JUDGE TINLEY: The letter that you referred to,
what's the date of that letter?
COMMISSIONER BALDWIN: The D.A. or the Judge?
JUDGE TINLEY: No, from -- from the Judge.
COMMISSIONER BALDWIN: It is June 11th. That would
be three days ago.
JUDGE TINLEY: I don't recall having seen that'
but
COMMISSIONER BALDWIN: Well, it's a letter written
to me.
JUDGE TINLEY: Oh, okay. That's probably why 'I
didt:'t see it.
COMMISSIONER BALDWIN: He saw the agenda item on
here and wrote me a letter.
JUDGE TINLEY: Okay. Okay. Of course, the -- the
part that's being built out now is specifically being built
out, a portion of it for the Sheriff's C.I.D., narcotics
people. They did the planning up front. The other port-on
that's being finished out is Adult Probation, and there was
participation by those folks in that. In the middle, there's
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there's 3,200 square feet that -- that is unfinished. It's
in the shell. The plumbing is still in a trough, to be
I
ocated wherever it's thought to be needed once the decision
is made on what else is going to go there. Now, with respect
to the probation --
COMMISSIONER BALDWIN: 216th?
JUDGE TINLEY: No, I'm .talking Adult Probation,.
COMMISSIONER BALDWIN: As a whole? Okay.
JUDGE TINLEY: Yeah. Most of you know that back in
2003, for some reason or reasons, I guess, known only to
a former District Judge split off the 198th Probation into a
separate entity, which happens to be the only -- Kerr County
is the only county in the state of Texas with multiple
district courts that has more than one adult probation
department. We're the only county in the state. That
necessarily creates some issues, because the State interacts
only with the 216th; then there's got to be interaction
between the 2 16th and the 198th to bring them into the mix.
That's caused some issues, according to a meeting that I had
with Judge Williams and Jan, who's the acting director over
there. She's here today. Some of the issues are
administrative. Some of them are the financials. Some of
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them are accounting issues to the State, both in terms of
finances and reports and so forth. So, it was my hope -- and
I communicated very, very directly to both District Judges
that I thought it was appropriate that since we're the only
black sheep in the state, that we can have one adult
probation office, one only for all of Kerr County.
I suppose under that theory, we could have three,
one for the County Court at Law, one for the -- you know',,, we
can',fracture -- can you imagine what it would be in San
Antonio if every one of those district judges had their own?
And',County Court at Law, for that matter, had their own
probation department. Wouldn't that be a Chinese fire drill?
But ',I -- as far back when they began requesting space from
216th -- I mean 198th, the 198th Probation folks wrote me on
Marsh 10th asking for space -- asking for space, and I
advised that director that the portion for -- for Adult
Probation was essentially that. Then when -- when Judge',,
Emerson responded to that, that 198th was, in fact, a Kerr
County community supervision department, he would start
preparing his budget, presumably separately, I immediately
wrote to him with copies to the other judge and both
probation offices, and said my intention is to have a single
Kerr County adult probation department, not two different
adult probation departments, and then parenthetically
mentioned 198th and 216th in a single location. And then I
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assume we're on the same page. This was subsequent to that.
I had a meeting with Keith Williams, and I've had meetings
I feel like I've kind of been stacked on
this Wednesday -- when I hope to have some answers to these
issues. My intention here is, if possible, to unify these
probation offices to one Kerr County Adult Probation office.
COMMISSIONER BALDWIN: Boy, I have no problem with
that at all. Sounds like a smart thing to do for numerous
reasons.
JUDGE TINLEY: Well, Ms. Tucker mentioned some
issues that we had with trying to work through -- I'm way
behind, aren't I?
MS. DAVIS: That's okay. That's okay. It's Davis
now
JUDGE TINLEY: Davis, yeah. That's what I was
speaking cf. We can get rid of all those issues. We can get
in good standing with the State.
COMMISSIONER BALDWIN: We're not in good standing
with the State?
JUDGE TINLEY: Well, I don't think the State is
COMMISSIONER WILLIAMS: That makes sense.
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COMMISSIONER BALDWIN: So? So what? Well, I mean,
what does all that have to do with the 198th having two
offices out there? I don't -- are you going somewhere with
all this? Or --
JUDGE TINLEY: Absolutely. Just like my letter to
Judge Emerson stated, I don't want a 198th probation office.
I don't want a 216th probation --
COMMISSIONER BALDWIN: Get them consolidated, and
there they are.
JUDGE TINLEY: I want a Kerr County Adult Probation
office.
COMMISSIONER BALDWIN: So, you're holding out with
198 #h because you want them consolidated?
JUDGE TINLEY: You might say that.
COMMISSIONER BALDWIN: And so --
JUDGE TINLEY: And you're saying what authority do
1 have?
COMMISSIONER BALDWIN: No, I wasn't saying that at
all, but that's a great question. I'm glad you brought that
vs
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: No. But, I mean, if you're
going to get them consolidated -- which is a wonderful goal;
I agree with you -- then you have them all out there under
one roof to consolidate.
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JUDGE TINLEY: That's my thinking. You gain some
efficiency, I would think.
COMMISSIONER WILLIAMS: Or you lose some
inefficiency.
COMMISSIONER BALDWIN: Yeah, maybe.
JUDGE TINLEY: Maybe both.
COMMISSIONER BALDWIN: I don't know. I'm not sure
what all you're talking about. I'm not into that power
thing. But --
JUDGE TINLEY: Insofar as the space that has not
been built out, or is not intended to be built out, of
course, the D.A. -- 216th D.A. did write, and that was way
back in --
COMMISSIONER OEHLER: Couple months ago.
COMMISSIONER BALDWIN: He wanted 3,000 square feet.
COMMISSIONER OEHLER: Yeah, he wanted exactly what
i
we lad left out there.
JUDGE TINLEY: That was the middle of February, and
I've not talked to him since. I would think if he had a real
strong interest, he'd have been in here camping on the
carpet.
COMMISSIONER BALDWIN: Well, I would vote no to
give the 216th D.A. the rest of the building. I can tell you
right up front where I am on that.
JUDGE TINLEY: There's a good deal of space left.
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It's configured where there could be separate offices there;
as far as that goes, two totally separate departments. Rusty
has mentioned the -- the workout area, I'm going to call it
for lack of a better term. Certainly, while it's there
unfinished, if somebody wants to go in there and just sweep
the concrete clean and do that sort of stuff --
COMMISSIONER BALDWIN: Now, is that --
JUDGE TINLEY: -- for an interim use --
COMMISSIONER BALDWIN: Is that a part of the
meewing room?
JUDGE TINLEY: No.
COMMISSIONER BALDWIN: It's a separate area?
JUDGE TINLEY: The --
COMMISSIONER BALDWIN: But it's part of the 3,000
feet that's under the roof?
JUDGE TINLEY: Yes.
COMMISSIONER BALDWIN: Unfinished.
JUDGE TINLEY: Yes. It's on the east end.
COMMISSIONER BALDWIN: Okay. I don't know -- okay.
JUDGE TINLEY: And it's -- the three areas that I
talked about, the Sheriff's Office C.I.C. and narcotics
people are on the west end.
COMMISSIONER BALDWIN: Mm -hmm.
JUDGE TINLEY: The adult probation people are on
the east end of that portion which is being finished out, and
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then the common area in the middle. It also is being
COMMISSIONER BALDWIN: Well, let me ask you this.
-- and if they don't, we need to move these two people out of
this high rent place in -- I don't even know where it is, but
he says it's a considerable amount of money. Significant sum
of money that he's paying now for rent. I mean, at least
let's talk about finishing the thing out, finishing the rest
-- some more office space out. I
JUDGE TINLEY: We have adequate space in the adult
probation portion that's being finished for both departments.
COMMISSIONER BALDWIN: I thought there was 10
offices for you.
MR. BARTON: I think there may be a total of 14
offices in that portion of the building.
COMMISSIONER BALDWIN: Two chiefs and -- two chiefs
and 12 indians?
MR. BARTON: Off the top of my head --
COMMISSIONER BALDWIN:, Something like that?
MR. BARTON: That figures sticks in my mind.
COMMISSIONER BALDWIN: I was thinking 10, but --
JUDGE TINLEY: My understanding was that there were
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pending that were needing to be resolved, and that the judges
were awaiting resolution of those, or at least Judge Emerson
was awaiting resolution of those before he made a commitment.
certainly going to be my first question come Wednesday
morning. Those issues have existed, I guess, back in March.
Anyway --
COMMISSIONER BALDWIN: That has some issues that
dra s Kerr County -- draws the Court in it?
JUDGE TINLEY: No. Things that we have no
connection to, to my knowledge.
I
COMMISSIONER BALDWIN: Well, see, I don't know', how
you, -- in your mind, how you go there when it's none of Our
business. What I -- all I'm asking -- you know, and I've
made my decision about 216th D.A. You know, he wants - -',I
mean, he's never seen that much office space. (Laughter',
If he wants a lesser amount, I think that we need to talk to
the guy, you know? And -- and it just makes all the sense in
the world to me if 198th, you know, have two -- two employees
in there. I don't -- I don't understand why not. I don't
get it. Just doesn't make sense to me. So, anyway, that's
the reason -- that's the reason for the agenda item. I'm
thinking that this Court needs to make those decisions, and
let's get on down the road so there won't be any question of
who goes where. You want to move over there too?
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MR. HENNEKE: No, sir, we're just fine where we
are. Thank you, Commissioner.
COMMISSIONER BALDWIN: You're welcome.
COMMISSIONER LETZ: I agree with Commissioner
Baldwin; the Court needs -- we need to figure out who's go-ng
in there. And I agree with the Judge; consolidating things
makes a whole lot of sense to me. Would it not make sense
from a construction standpoint, if we're going to make that
dec Sion and have that space occupied basically as soon as
the building is finished, that we do that now so we can do a
change order and get it done under one contract, as -- and
which will probably be less expensive than doing it later?
JUDGE TINLEY: On the contrary, Commissioner. ',I've
had this discussion with the architect, and when you do
change orders, you're going to trigger some -- just the
admunistrative cost adds 10 percent to it on top, plus on
you$ square footage costs, I would -- I can practically
guarantee that the amount is going to be a considerably
higher factor than what they're doing now. The -- my
thinking was, and the architect agreed with me, that if we're
going to do a build -out of the unfinished space, which really
has nothing to do with the probation issue -- that has
nothing to do with the probation issue -- that we do it by
separate contract later, because that'll be a better deal;
that we not do it as part of this contract as an add -on and
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change order.
COMMISSIONER LETZ: Okay. Then that being said,
there's no reason really to -- I mean, I guess what's the
when are we going to make that decision on who's going to --
what we're going to use that space for?
JUDGE TINLEY: Well-, the decision has already been
made. It's a question of -- of what the structure's going to
be. We have the space in what we're building out for all of
the staffing in the current 216th and 198th in Kerr County,
plu$ some additional. It was intended and designed that way.
COMMISSIONER BALDWIN: I mean, office space -- more
off�ce space than we're going to need? Is that what you're
saying?
JUDGE TINLEY: Mm -hmm. We were looking 10 years
out.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Is what we were looking at.
COMMISSIONER LETZ: So, there's no -- we're just
going to do it as we originally planned, and that's it for
right now?
JUDGE TINLEY: That's my thinking. And then if
we -- if we were to make a decision, say, before the
building's finished, based on my conversation with the
architect, wait till that portion is complete; then we'll go
out for separate bids on the finish out on whatever we want
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on the now unfinished space -- the then unfinished space.
COMMISSIONER BALDWIN: We continue with what we're
doing; once we get that done, there's room for 198th to be in
there right now?
JUDGE TINLEY: Yes -- yeah. Yeah, that's -- we
don't have a timeline by them.
COMMISSIONER BALDWIN: Yeah. If we're going to add
a gym or a D.A. or whatever --
JUDGE TINLEY: Mm -hmm.
COMMISSIONER OEHLER: We can designate who's going
in there whenever we get some resolution to --
COMMISSIONER BALDWIN: That's really where I'ml,
coming from.
COMMISSIONER OEHLER: -- who's going in there.
COMMISSIONER BALDWIN: It would be kind of neat to
know who's going in there. I mean, I don't know how you:--
it would be easier to plan down the road whether do you
add -ens or whatever you do.
COMMISSIONER OEHLER: We tell them that we're
planning for y'all to be out there; now figure out a way to
get there.
JUDGE TINLEY: I've already told them that's what
we're planning on, one --
COMMISSIONER WILLIAMS: Simple.
JUDGE TINLEY: -- Kerr County Adult Probation
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Department.
COMMISSIONER OEHLER: The ball's in your court.
JUDGE TINLEY: Absolutely. It's been there since
March.
COMMISSIONER OEHLER: Yeah.
JUDGE TINLEY: And here we are. We're in June,
and, you know, if we now suddenly have a big problem with
lease space, we got to give notice, you know, somebody else's
pooh` planning does not constitute an emergency on my part.
I'm
COMMISSIONER BALDWIN: You don't have to apologize
to je. But I'm going to do everything I can to get these
people in there, you know.
JUDGE TINLEY: I understand.
COMMISSIONER BALDWIN: Your statement just then,
why did you say that? I mean, --
JUDGE TINLEY: This thing's been pending since'
March.
COMMISSIONER BALDWIN: -- you all of a sudden threw
some fuel on the fire.
JUDGE TINLEY: This thing's been pending since.
March.
COMMISSIONER BALDWIN: That's your pending. That
doesn't have anything to do with this Commissioners Court.
That's your -- that is all your deal.
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JUDGE TINLEY: I understand.
COMMISSIONER BALDWIN: Well, I'm saying, as a
representative of the taxpayers of Kerr County, the smart
thing to do is add these two people in there when there is
office space there. We're building it today. And you don't
like that, because they won't consolidate like you want them
to. That's what I'm hearing.
JUDGE TINLEY: I want to create more efficiencies
by Paving everybody in the same place. And --
COMMISSIONER BALDWIN: Me too.
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JUDGE TINLEY: -- I want to solve the issue with
the ',State insofar as all the reporting, insofar as all the --
COMMISSIONER BALDWIN: I don't know anything about
that.
JUDGE TINLEY: Well, that's been going on since
'03
COMMISSIONER BALDWIN: The State has complained
about things going on down here?
JUDGE TINLEY: The fact that there are two separate
adult probation departments in Kerr County? Yes, they have.
COMMISSIONER BALDWIN: Has the -- I mean, doesn't
the State control that? Why don't they eliminate one of
them?
JUDGE TINLEY: I don't know that. You'll have to
ask them, I suppose. But --
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COMMISSIONER BALDWIN: Who are they?
JUDGE TINLEY: They raise some issues. Who's the
individual that --
MS. HARGIS: Marsha Roberts.
COMMISSIONER BALDWIN: What did you say?
MS. HARGIS: Marsha Roberts.
COMMISSIONER BALDWIN: Wait a minute. That's --
the Auditor just said that. Who is it?
MS. DAVIS: It's -- she knows who he's talking
about. She's been dealing with it on our finances.
COMMISSIONER BALDWIN: So, would you like for me to
write Harvey Hilderbran a letter requesting we get rid of one
of the probation offices in Kerrville? If it's been around
since 2003, what's the holdup? Anyway, okay. I've spoken my
piece. Do we all know -- everybody happy with who's out'.
there?
COMMISSIONER WILLIAMS: Happy with who should go
out 'there.
COMMISSIONER BALDWIN: You want both D.A.'s out
there, don't you?
COMMISSIONER WILLIAMS: No. No, I want two
probation departments under the same roof.
COMMISSIONER LETZ: And someone's going to get out
of a lease to do that, right? Isn't that what you said ?'
COMMISSIONER BALDWIN: I don't know anything about
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getting out of a lease. I don't believe that --
COMMISSIONER WILLIAMS: Are they still in the bank
tower?
COMMISSIONER BALDWIN: I believe so.
COMMISSIONER WILLIAMS: That's a high rent
district.
JUDGE TINLEY: No.
MS. HARGIS: They're over there by the Jack in the
Box
COMMISSIONER BALDWIN: The Auditor '.knows
everything. Ali right. But there's only one. There's only
one ',person, but hopefully they're going to hire another one.
COMMISSIONER OEHLER: They have one employee? Is
that what you're telling me?
COMMISSIONER BALDWIN: That's what the letter 'says.
COMMISSIONER OEHLER: 198th has got one probation
employee.
COMMISSIONER LETZ: And they know they're givibg
notice, or they need to give notice on their lease that --
MS. HARGIS: I don't know anything about that.
COMMISSIONER LETZ: If they're going -- if we jthink
they're moving out there and they're under a lease, someone
needs to tell who they lease the property from that they're
moving.
COMMISSIONER BALDWIN: Well, we need -- I meant, if
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you have intentions -- if you're going to open up the space
for this employee, you need to let Judge --
COMMISSIONER LETZ: Emerson.
COMMISSIONER BALDWIN: -- Emerson know, so that he
can do that. I mean, I would think. I don't know what their
situation is over there; I have no idea. It -- he just says
it costs a lot of money, all he says to me.
COMMISSIONER WILLIAMS: Who makes nice with the
State? You or the two District Judges?
COMMISSIONER BALDWIN: Want to --
COMMISSIONER LETZ: No, I don't want to read it.
JUDGE TINLEY: Boy, I can't answer that question.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: I don't know that I make nice or
don't make nice.
COMMISSIONER BALDWIN: What's the definition of
"nice "?
COMMISSIONER WILLIAMS: I'm not going there.
COMMISSIONER BALDWIN: Well, thank y'all for your
time.
COMMISSIONER WILLIAMS: You're welcome.
JUDGE TINLEY: Okay. We through with that one?
COMMISSIONER BALDWIN: Yes, sir, I am.
JUDGE TINLEY: Anybody else? Item 38; consider,
discuss, confer with County Attorney and take appropriate
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action on possible litigation regarding enforcement of Texas
Health and Safety Code Section 822.101 in connection with
Animal Control Department. That shows to be executive
session. That is truly an executive session item?
MR. HENNEKE: Yes, Judge, it is executive session
under 551.071 of the Texas Government Code for consultation
with the attorney.
JUDGE TINLEY: Okay. We'll defer on that one for a
moment, and let's go to Item 40, as listed on the addendum.
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Con4ider, discuss, take appropriate action to open bids for
the ',following vehicles: One 2010 F -150 Ford truck for
Environmental Health Department, and two 2010 F -150 Ford'
trucks for Animal Control, and award contract. The first one
is from Stoepel Ford; shows $18,805.25 each.
COMMISSIONER BALDWIN: That is such a good price.
COMMISSIONER OEHLER: Truly amazing.
COMMISSIONER BALDWIN: Unbelievable.
COMMISSIONER OEHLER: Totally amazing.
COMMISSIONER BALDWIN: Probably close to $30,000
I trucks.
COMMISSIONER OEHLER: Mm -hmm.
MS. HARGIS: You need to thank this man.
COMMISSIONER BALDWIN: Hmm?
MS. HARGIS: Need to thank Ray for that.
COMMISSIONER BALDWIN: Thank you, Ray. Do you want
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to move out there? (Laughter.)
MR. GARCIA: I have an office with a window. It's
a closet, but I still have a window.
COMMISSIONER BALDWIN: Okay. Okay.
COMMISSIONER WILLIAMS: You have to be right in the
middle of the pack.
JUDGE TINLEY: Ray, I don't think they understand;
ther,e's no windows in that building, is there? There was
onep we took it out. Okay. The next bid, Crenwelge Motors.
Let "s see, two Dodges, one GMC 1500. Looks like truck number
one, Truck number two, 27,899. Truck number three,
25,45.84.
COMMISSIONER LETZ: Judge, I move we accept both
bid$ and refer them to the -- Auditor?
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MS. HARGIS: Mm -hmm.
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COMMISSIONER LETZ: For recommendation.
COMMISSIONER OEHLER: That'll be easy. How long do
you reckon that's going to take? Hopefully it won't take a
week.
THE CLERK: I need copies.
COMMISSIONER LETZ: So moved.
MS. HARGIS: I need to make a recommendation now.
THE CLERK: Right now?
MS. HARGIS: Yeah. That's what they're saying.
COMMISSIONER BALDWIN: I believe I could.
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JUDGE TINLEY: Can I get a second?
COMMISSIONER OEHLER: Second.
MS. HARGIS: We decided we'd go with the Fords.
JUDGE TINLEY: Got a motion and second to accept
both -- to accept both bids for evaluation and
recommendation.
(Discussion off the record.)
JUDGE TINLEY: Question or discussion? All in
favor of the motion, signify by raising your right hand.'
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carries.
COMMISSIONER LETZ: I make a motion to accept the
recommendation of the auditor and go with Ken Stoepei Fo!rd's
proposal or bid.
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COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded to accjept
the bid from Ken Stoepel Ford for the three Ford F -150
trucks. Question or discussion? 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. Okay,
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gentlemen. Other than executive session item, I think that
brings us to payment of the bills. Is that correct?
COMMISSIONER OEHLER: I hope so.
COMMISSIONER LETZ: Move we pay the bills.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills. Question or discussion on the motion? Page 7 at the
top, Constable, Precinct 3. I think that third entry should
be finder Constable, Precinct 4, should it not?
MS. HARGIS: Yes.
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JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: I think so too, being as
tha's my constable.
JUDGE TINLEY: Any other question or discussion?
All!in favor of the motion, signify by raising your right
hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.',,
(No response.)
JUDGE TINLEY: The motion does carry. Okay. Do we
have any budget amendments?
MS. HARGIS: No.
JUDGE TINLEY: Any late bills?
(Low -voice discussion off the record.)
COMMISSIONER LETZ: Kendnel Kasper is for a
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hundred --
JUDGE TINLEY: 181,795.12. Yeah.
COMMISSIONER LETZ: And Kerrville Daily Times,
933:75. Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the late bills to Kerrville Daily Times for
933,75 and Kendnel Kasper, 181,795.12. Question or
discussion on the motion? All in favor of the motion,
Sig ify by raising your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
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JUDGE TINLEY: That motion does carry. I've been
presented with monthly reports from Constable, Precinct 1;
County Clerk; J.P., Precinct 3; J.P., Precinct 1; J.P.,
Precinct 4; District Clerk; Kerr County payroll for May ',2010;
J.P., Precinct 2; Environmental Health; and Kerr County
Juvenile Detention Facility. Do I hear a motion that these
reports be approved as presented?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the indicated reports as presented. Any question
or discussion? All in favor of the motion, signify by
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raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Do I have
any reports from Commissioners in connection with their
liaison or committee assignments? Commissioner Baldwin ?'
COMMISSIONER BALDWIN: Sir, I do not. Thank you,
the gh, for asking.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Not a report, Judge, but
I'll give you a check for $500 which was given to me at
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lunchtime by former mayor Gene Smith for the new war memiprial
fund.
JUDGE TINLEY: Most appreciated. He indicatedlthat
to me at the end of the Memorial Day ceremony. I apprec',iate
his generosity in doing that. We got some good coverage:
the weekend too in the local newspapers about this activiity.
You got anything, Commissioner Letz?
COMMISSIONER LETZ: Just making a little bit of
headway with the state sub -- or state subdivision task 'force
I'm on. And habitat conservation plan for Plateau is on
track.
JUDGE TINLEY: Okay. Is that it?
COMMISSIONER LETZ: That's it.
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JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: I think I'll just not say
JUDGE TINLEY: Okay. Do we have any reports from
elected officials or department heads? Anything else?
COMMISSIONER LETZ: Executive session.
JUDGE TINLEY: Yeah, okay. It is straight -up
3 o clock. We will go out of open or public session, and
we'l'l go into executive session.
(The open session was closed at 3:00 p.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: Okay. It is now 3:13, and we are in
open or public session. Does any member of the Court have
anything to offer with regard to matters considered in
executive session?
COMMISSIONER LETZ: Sure. I'll make a motion ',that
we authorize the County Attorney to pursue civil action !f or
the removal of wild and dangerous animals pursuant to the
Health and Safety Code.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
Is that adequate, or do we need a name or what?
MR. HENNEKE: well, it could be against -- to
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COMMISSIONER OEHLER: Clint Tuma.
MR. HENNEKE: Clint Tuma on Junction Highway, with
regard to the dangerous, unregistered wild animals that are
currently located on said premises.
COMMISSIONER LETZ: Okay, that's fine.
JUDGE TINLEY: That's incorporated?
COMMISSIONER LETZ: That's incorporated.
COMMISSIONER OEHLER: That's incorporated.
JUDGE TINLEY: Any question or discussion on the
JJ i
mot }on? 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 carries. Anything else,
gentlemen?
COMMISSIONER BALDWIN: Can I make a motion how, much
I care about Jody? I care about you, Jody.
MS. GRINSTEAD: Oh.
JUDGE TINLEY: For lack of a second, the motion
died.
COMMISSIONER BALDWIN: Didn't get a second.
MS. GRINSTEAD: I was going to say, it should have
come from him.
COMMISSIONER BALDWIN: The motion died because of
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lack of second.
MS. GRINSTEAD: Oh, well.
JUDGE TINLEY: You're on the record. Okay.
Anything else? We'll be adjourned.
(Commissioners Court adjourned at 3:21 p.m.)
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
official reporter for the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 21st day of June, 2010.
JANN County Clerk
Kathy B nik, Deputy County Clerk
Certified Shorthand Reporter
6 -IA -10
ORDER NO. 31750
BIDS FOR REPAIRS TO FLAT ROCK AND INGRAM DAMS
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4 -0 -0 to:
Open bids for repairs to Flat Rock and Ingram Dams:
Lassen, Inc. d /b /a Mark Larsen Company, Austin, TX
Base bid for plat Rock $287,598.00
Alternate for'', flat Rock $323,775.00
Base bid for Ingram $119,620.00
Alternate for', Ingram $14,848.20 increase
Base bid for both $407,218.00
Base bid for both with alternates $458.243.00
And refer to Freese and Nichols for review and recommendation.
II
ORDER NO. 31751
NAME PRIVATE ROAD TRIANGLE J TRAIL SOUTH
Came to be heard this the 14th day of June. 2010, with a motion made by Commissioner
Oehler, seconded by Commissioner Baldwin, the Court unanimously approved by a vote
of 4 -0 -0 to:
Approve nan!ing a private Road Triangle .1 'Frail South, located in Precinct 4.
ORDER NO. 31752
SET PUBLIC HEARING FOR REVISION OF PLAT OF LOT 17 OF STAACKE
RANCH SUBDIVISION
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4 -0 -0 to:
Approve setting a Public Hearing for July 26, 2010 at 9:30 am for the Revision of Plat of
Lot 17 of Staacke Ranch Subdivision, located in Precinct 3.
ORDER NO. 31753
SET PUBLIC HEARING FOR PLACING STOP SIGNS AND YIELD SIGN IN
SH.ALAKO ESTATES
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Oehler, seconded by Commissioner Baldwin, the Court unanimously approved by a vote
of 4 -0 -0 to:
Approve setting a Public Hearing for July 26, 2010 at 9:15 am for placing (3) Stop Signs
and (1) Yield Sign in Shalako Estates, located in Precinct 4.
ORDER NO. 31754
INTERLOCAL COOPERATION AGREEMENT WITH CENTER POINT ISD
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4 -0 -0 to:
Approve Interlocal Cooperation Agreement between Kerr County and Center Point ISD
for Alleviation of Flooding Issues in Center Point, Texas.
ORDER NO. 31755
SOUTH TEXAS BLOOD AND TISSUE BLOOD DRIVE AUGUST 4, 2010
Came to be Beard this the 14th day of June, 2010, with a motion made by Commissioner
Letz,
4 -0 -0 to:
Approve the
the County C
by Commissioner Baldwin, the Court unanimously approved by a vote of
South Texas Blood and Tissue doing a Blood Drive on August 4, 2010 in
)urthouse parking lot.
ORDER NO. 31756
KERR COUNTY JUVENILE DETENTION CENTER CONTRACTS FOR SECURE
PRE- ADJUDICATED RESIDENTIAL SERVICES WITH NUECES COUNTY
Came to be beard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote
of 4 -0 -0 to:
Authorize Kerr County Attorney to amend the Contract as discussed and submit the
Contract to Nueces County for their review and acceptance, and bring back the agreed
upon document to the next Commissioners' Court meeting.
ORDER NO. 31757
CONCEPT PLAN FOR LOT 15 OF VERDE PARK ESTATES, SECTION 2
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4 -0 -0 to:
Disapprove the Concept Plan for Lot 15 of Verde Park Estates, Section 2, located in
Precinct 2, as submitted by Mr. Wiedenfeld.
ORDER NO. 31758
FINAL REVISION OF PLAT FOR LOTS 23 -A AND 23 -B OF TWIN SPRINGS
RANCH 11
Came to be beard this the 14th day of June, 2010, with a motion made by Commissioner
Letz, secondOd by Commissioner Oehler, the Court unanimously approved by a vote of
4 -0 -0 to:
Approve the Final Revision of Plat for Lots 23 -A and 23 -B of Twin Springs Ranch II,
located in Precinct 2.
ORDER NO. 31759
OF STOP SIGN ON ROADRUNNER LANE AND SANDY LANE
Came to be beard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote
of 4 -0 -0 to:
Approve installation of a Stop Sign on Roadrunner Lane and Sandy Lane, located in
Precinct 2.
ORDER NO. 31760
HIRING OF PART -TIME PERSON FOR MAINTENANCE DEPARTMENT
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4 -0 -0 to:
Authorize the Maintenance Department to hire a part-time person (3 days a week (24
hours)) for the summer months.
ORDER NO. 31 761
2010 COPS HIRING PROGRAM (CHP) GRANT
Came to be heard this the 14th day of Jame, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4- 0 -6to:
I
Approve re-applying for the 2010 COPS Hiring Program (CHP) Grant for two officers'
salary and benefits for three years.
ORDER NO. 31762
RESCIND COURT ORDER 931725
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin. the Court unanimously approved by a vote of
4 -0 -0 to:
Approve rescinding Court Order #31725 which "Directed the County Attorney to request
an Attorney General Opinion on the applicability of the Model Subdivision Rules in the
ETJ and direct the County Attorney to invoke the Arbitration Clause under Chapter 242
of the Local Government Code to resolve the issue of Subdivision Rules in the ETJ".
ORDER NO. 31763
RESOLUTION TO LCRA AND THE PUC
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of
4 -0 -0 to:
Approve Resolution to Lower Colorado River Authority (LCRA) and the Public Utilities
Commission (PUC) related to transmission line routes, with the language as amended
today, and specifying the use of the northern most route from Menard through
Fredericksburg to Comfort as our preferred route.
ORDER NO. 31764
INTERVENORS IN LCRA'S CREZ TRANSMISSION LINE
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioners Baldwin/Letz, the Court unanimously approved
by a vote of 4 -0 -0 to:
Approve Kerr County to join with the City of Kerrville as intervenors in the Lower
Colorado River Authority's (LCRA's) CREZ transmission line matter pending before the
Public Utility Commission (PUC).
ORDER NO. 31765
SET PUBLIC HEARING FOR ABANDONMENT OF COUNTY ROAD
Came to be beard this the 14th day of June, 2010, with a motion made by Commissioner
Oehler, seconded by Commissioners LetzJBaldwin, the Court unanimously approved by a
vote of 4 -0 -01 to:
Approve sett ng a Public Hearing for July 26, 2010 at 10:00 am for the abandonment of a
County Roaq through the Ingram Little League property.
ORDER NO. 31766
SIGN�AGE AT FLAT ROCK LAKE PARK RELATING TO PET WASTE
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote
of 4 -0 -0 to:
Authorize si nage at Flat Rock Lake Park relating to pet waste resulting in increased�,
levels of bacteria as monitored by the Upper Guadalupe River Authority (UGRA) in the
Riverside Paiks of the Guadalupe River.
ORDER NO. 31767
BID BY GUARDIAN SECURITY FOR SECURITY CAMERA SYSTEM FOR KERR
COUNTY SHERIFF'S ANNEX
Came to be beard this the 14th day oI" JUne. 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of
4 -0 -0 to:
Approve the bid by Guardian for purchase of the security camera system for the Kerr
County Sheriffs Annex /Adult Probation Building in the amount of $40,407.00, and as a
Buy Board Purchase.
ORDER NO. 31768
REJECT RUBIO CONSTRUCTION BID FOR KERRVILLE SOUTH WASTEWATER
PROJECT
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4 -0 -0', to:
Approve rejecting the Rubio Construction Bid in the amount of $481,144.00 for sewer
construction improvements, Phase IV, Kerrville South Wastewater Project due to lack of
available Grant Funds under the TxCDBG Contract No. 728065.
ORDER NO. 31769
MODIFY PLANS AND SPECIFICATIONS FOR KERRVILLE SOUTH
WASTEWATER PHASE IV SEWER IMPROVEMENTS
Came to be I eard this the 14th day of June. 2010, with a motion made b • Commissioner
y y
Williams, sejconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4 -0 -0 to:
Authorize the Engineer to redesign the bid specifications and placing the Southwind
Mobile Home Park as the base bid and anything we need extra to accommodate the extra
sewer hookups would be on Quail Valley.
ORDER NO. 31770
CHANGE ORDER NO. 2 TO CONTRACT WITH KENDNEL KASPER
CONSTRUCTION, INC.
Came to be Beard this the 14th day of June, 2010, with a motion made by Commissioner
Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4 -0 -0 to:
Approve Change Order No. 2 to Contract with Kendnal Kasper Construction, Inc. on
Kerr County Sheriffs Annex /Adult Probation Building project in the amount of
$14,462.03.
ORDER NO. 31771
RESOLUTION IN SUPPORT OF HILL COUNTRY TELEPHONE COOPERATIVE
Came to be Beard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, seconded by Commissioners Oehler /Letz, the Court unanimously approved by
a vote of 4 -0-0 to:
Approve the Resolution in support of Hill Country Telephone Cooperative in its efforts to
provide local calling services throughout its entire service area, and designate
Commissioners Oehler, Letz, Williams and Baldwin to be the designated representatives.
ORDER NO. 31772
NOTIFICATION TO TWDB OF REQUEST FOR 90 -DAY EXTENSION OF GRANT
AGREEENTNO. G090003
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of
4 -0 -0 to:
Approve notifying the TWDB of our intention to request a 90 -day extension of Grant
Agreement I o. G090003 set to expire on August 3 1, 2010.
ORDER NO. 31773
BIDS FOR TRUCKS
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Letz,
4 -0 -0 to:
Open all
by Commissioner Oehler, the Court unanimously approved by a vote of
received as follows:
I. Ken $toepel Ford for $18,805.25 each
2. Cren�elge Motors for 2 Dodges and 1 GMC 1500; Truck 91 for $28,677.00,
Truck 42 for $27,899.00, and Truck #3 for $25,245.84
Accept and refer all bids to the Kerr County Auditor for review and recommendation.
ORDER NO. 31774
BIDS FOR TRUCKS
Came to be beard this the 14th day of June, 2010, with a motion made by Commissioner
Letz,
4 -0 -0 to:
Accept the
Stoepel For
by Commissioner Oehler, the Court unanimously approved by a vote of
emendation of the Kerr County Auditor and accept the bid from Ken
the 3 Ford F -150 trucks.
ORDER NO. 31775
CLAIMS AND ACCOUNTS
Came to be heard this the 14th day of June, 2010, came to be considered by the Court
various
Precincts, which said Claims and Accounts are:
Expense
10- General
$
258,722.82
14 -Fire Protection
$
32,835.10
15 -Road & Bridge
$
48,831.72
16- Capital Projects
$
40,085.72
18- County Law Library
$
121.50
21 -Title IV -E
$
37.00
27- Community Corrections
$
1,600.00
28- Records Mgmt & Presery
$
300.00
31 -Parks
$
582.23
32 -Comm Dec
Fund Grant
$
933.75
50- Indigent
',Health Care
$
13,030.39
72 -SO Equip
/Donation Fund
$
75.00
73 -SCAAP
!,
$
2,287.00
76 -Juv Detention
Facility
$
4,997.18
82 -SO Law
Enforcement
$
5,745.00
83 -216" Di
trict Attorney
$
606.30
86 -216`' CS
D
$
233.97
TOTAL
$
412,024.68
Upon motion made by Commissioner Letz, seconded by Commissioner Williams, the
Court unanimously approved by vote of 4 -0 -0 to pay the claims and accounts.
ORDER N0. 31776
LATE BILL
COMMISSIONERS' COURT
Came to be heard this the 14` day of June, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Oehler. the Court unanimously approved by vote of 4-
0-0 issue a hand check in the amount of $181,795.12 to Kendnel Kasper Construction for
Sheriff App #!3 — SO Annex, and to issue a hand check in the amount of $933.75 to the
Kerrville Daijly Times for legal ads for engineering /architectural services.
I
ORDER NO. 31777
MONTHLY REPORTS
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Williams, se�onded by Commissioner Oehler, the Court unanimously approved by a vote I
'
of 4 -0 -0 to:
Approve the Monthly Reports from:
Constable Pet 41
County Clerk
JP #3
JP #1
JP #4
District Clerk
Kerr County', Payroll for May, 2010
JP #2
Kerr County Environmental Health Department
Kerr County' Juvenile Detention Facility
ORDER NO. 31778
ITEM
Came to be heard this the 14th day of June, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of
4 -0 -0 to:
Authorize the County Attorney to pursue civil action against Mr. and Mrs. Clint Tuma on
Junction Highway for the removal of wild, dangerous and unregistered wild animals that
are currently', located on said premises pursuant to Texas Health & Safety Code 822.101.