1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, September 14, 2009 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X September 14, 2009 2 PAGE 3 --- Visitors' Input 6 --- Commissioners' Comments 8 4 1.1 Consider/discuss, take appropriate action on 5 Kerr Emergency 911 proposed 2010 budget 11 6 1.2 Consider/discuss, take appropriate action regarding annual courthouse lighting agreement 7 with Kerrville Christmas Lighting Corporation 20 8 1.3 Consider/discuss, take appropriate action on contract with Hill Country Alternative Dispute 9 Resolution Center 26 10 1.4 Open bids for electrical, plumbing, HVAC, and pest control services and submit them to Kerr 11 County Maintenance Supervisor for review and recommendation 30 12 1.5 Consider/discuss, take appropriate action to 13 approve service agreement with Cad Supplies Specialty for plat scanner 32 14 1.12 Consider/discuss, take appropriate action to 15 accept and approve requests from elected officials and department heads for appropriate office 16 staff pursuant to L.G.C. 151 33 17 1.13 Consider/discuss, take appropriate action to approve 2010 resolution for Indigent Defense 18 Grant Program and authorize County Judge to sign same 35 19 1.14 Consider/discuss, take appropriate action to 20 declare 14 VHF mobile radios as surplus property and dispose of same 37 21 1.11 Consider/discuss, take appropriate action on 22 concept plan for the Colvin subdivision 42, 83 23 1.15 Consider/discuss, take appropriate action up to and including litigation to resolve the Ingram 24 Lake construction encroachment on William Vlasek's property 44 25 3 1 I N D E X (Continued) September 14, 2009 2 PAGE 1.18 Consider/discuss, take appropriate action to 3 approve closure of Flat Rock Lake effective October 1, 2009, until further notice; advise 4 state agencies of our intention to lower lake water level and obtain proper permits 45, 82 5 1.19 Consider/discuss, take appropriate action to 6 approve dredging and cleanup of Flat Rock Lake under direct supervision of Road and Bridge 46 7 1.20 Consider/discuss, take appropriate action to 8 ban use of power boats, jets skis, and other pleasure watercraft during period of Flat Rock 9 Lake closure 46 10 1.21 Consider/discuss, take appropriate action to authorize sale of materials removed from Flat 11 Rock Lake; put into place accounting procedures as may be required to assure proper controls 46 12 1.6 Public Hearing on proposed Kerr County 2009 13 tax rate 68 14 1.7 Public Hearing on County Clerk's annual archival plan 70 15 1.9 Public Hearing to establish a District Clerk 16 Technology Fund 70 17 1.8 Consider/discuss, take appropriate action to approve County Clerk's archival plan as submitted 71 18 1.10 Consider/discuss, take appropriate action to 19 authorize and/or approve preliminary planning, evaluation, and initial construction aspects 20 and procedures of proposed Law Enforcement Annex/ Adult Probation Building 72 21 1.17 Consider/discuss, take appropriate action 22 regarding request for proposal of new telephone system for county courthouse 80 23 1.16 Consider/discuss, take appropriate action to 24 approve electrical, plumbing, HVAC, and pest control services contracts 93 25 4 1 I N D E X (Continued) September 14, 2009 2 PAGE 3 1.22 Consider/discuss, take appropriate action on approval of Office of Court Administration 4 Contract Number 10-011 96 5 1.23 Consider/discuss, review county investment policy and take appropriate action to make any 6 necessary or desired changes 100 7 1.24 Consider/discuss, take appropriate action on FY 2009-10 budgets and fiscal, capital 8 expenditure, and personnel matters related thereto for various county departments 108 9 1.25 Consider/discuss, take appropriate action to 10 authorize publication of notice(s) of proposed salary, expenses, and other allowances of Kerr 11 County elected county or precinct officers for FY 2009-10 and set date, time, and place of 12 public hearing on same 129 13 1.26 Consider/discuss, take appropriate action to establish a District Clerk Technology Fund 158 14 4.1 Pay Bills 158 15 4.2 Budget Amendments 159 4.3 Late Bills --- 16 4.4 Approve and Accept Monthly Reports 161 17 5.1 Reports from Commissioners/Liaison Committee Assignments 162 18 5.2 Reports from Elected Officials/Department Heads 164 19 --- Adjourned 165 20 21 22 23 24 25 5 1 On Monday, September 14, 2009, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Okay, let me call to order this 8 regularly scheduled meeting of the Kerr County Commissioners 9 Court which was posted and scheduled for this date and time, 10 Monday, September 14, 2009, at 9 a.m. It is that time now. 11 Commissioner Williams? 12 COMMISSIONER WILLIAMS: Would you please rise and 13 join me for a word of prayer followed by the pledge of 14 allegiance. 15 (Prayer and pledge of allegiance.) 16 JUDGE TINLEY: Thank. At this time, if there's any 17 member of the public or the audience that wishes to be heard 18 on any matter that is not a listed agenda item, this is your 19 opportunity to come forward and tell us what's on your mind. 20 And we won't be able to respond, but you can certainly tell 21 us what's on your mind. If you wish to be heard on an agenda 22 item, we'd ask that you wait until that agenda item is 23 called, and then give us what's on your mind at that time. 24 We'd prefer that you fill out a participation form -- there's 25 some located at the back of the room -- if you wish to be 9-14-09 6 1 heard on an agenda item. If there don't happen to be any 2 there, or if you fail to fill one of those out and we get to 3 an agenda item that you wish to be heard on, get my attention 4 in some fashion and I'll see that you have that opportunity. 5 But right now, if there's any member of the public that 6 wishes to be heard on any matter that is not a listed agenda 7 item, feel free to come forward and tell us what's on your 8 mind at this time. Ms. Rackley, I noticed that you have some 9 individual items with respect to your participation form that 10 may not be appropriate for the public hearing on the tax 11 rate, so this may be your best opportunity to speak if you're 12 going to talk about specific instances. 13 MS. RACKLEY: Well, okay, if that's what you want. 14 JUDGE TINLEY: Well, I think -- I notice that 15 you've got several different specifics here, and that really 16 is not appropriate when we're talking about the tax rate. 17 We're not talking about valuations; we're talking about the 18 rate -- 19 MS. RACKLEY: I know you are. 20 JUDGE TINLEY: -- for this year. 21 MS. RACKLEY: But that's just what this is about. 22 You don't need to increase the tax rate. If you got the two 23 people, Diane Bolin and Pollard Hickman Coates, IV, doing 24 their job, you would see that all they have to do is do their 25 job. And -- and here, this person is 25 cents. This is -- 9-14-09 7 1 these are all business properties, and these are all in this 2 Schreiner tract. One is 25 cents a square foot. One is 90 3 cents a square foot. One is 33 cents a square foot. I did 4 these at random. I've got a whole page of stuff that I've 5 got printed out, though. Another is $7 a square foot. 6 Midtex Oil has to pay $7 a square foot, while Frank Nagle has 7 to pay 25 cents a square foot. And I have a big list of 8 Schreiner Block that I took these from. And some of these 9 people have ag exemptions on business property. One's a 10 restaurant. One's a -- does telephone service and so forth. 11 You need to get these people doing their job. All they have 12 to do is type in the street and start comparing the 13 properties. I typed in "Connie Lane" just for the heck of 14 it, because it's out in Ingram, and because there was a 15 listing out there for 123,000. You just have to type in the 16 street address and see -- and compare them. It's real easy 17 to do. If I can do it, I would hope that an employee of the 18 Kerr Central Appraisal District could do it. There's not a 19 need for a tax rate increase. It's getting the employees to 20 do their job. Real simple. 21 JUDGE TINLEY: Thank you, ma'am. 22 MS. RACKLEY: Okay. 23 JUDGE TINLEY: Appreciate your comments. 24 MS. RACKLEY: Thank you. 25 JUDGE TINLEY: Is there anyone else that wishes to 9-14-09 8 1 be heard on any matter that is not a listed agenda item? If 2 not, we'll move forward. Commissioner Williams, what do you 3 have for us this morning? 4 COMMISSIONER WILLIAMS: Nothing, Judge. Ready to 5 move forward. 6 JUDGE TINLEY: Commissioner Letz? 7 COMMISSIONER LETZ: Just glad we got some rain, 8 lots of it. We need some more. 9 JUDGE TINLEY: Commissioner 4? 10 COMMISSIONER OEHLER: Appreciative of the rain. 11 The bridge project at Mayhew went forward on Friday. It is 12 open this morning, as promised, at 6 a.m. for traffic. The 13 bridge was completely removed and all new box culverts 14 installed over the weekend. 15 JUDGE TINLEY: In the rain. 16 COMMISSIONER OEHLER: In the rain. And they were 17 fighting rising water, and not -- not like a flood, but they 18 were having to move water from the upstream to the downstream 19 to keep the area dry while they were trying to set the new 20 boxes, and they -- they accomplished it. It's amazing. We 21 had a really -- we do have a really good bridge contractor on 22 the job, and that's what really made it work. The ordinary 23 people, I don't think, could have pulled it off; don't have 24 the equipment. Good news for that -- that deal, and I'm 25 sure -- I know it's an inconvenience for some of the 9-14-09 9 1 residents up there for a couple days, but it saves some 2 money, and also saves some time on the project. 3 JUDGE TINLEY: Great. 4 COMMISSIONER OEHLER: That's enough for now. 5 JUDGE TINLEY: Thank you. Commissioner 1? 6 COMMISSIONER BALDWIN: All I have to say is we're 7 talking about accomplishments here. We're fixing to hear 8 from Mr. Amerine, which I think is -- has accomplished more 9 -- he and the Kerr Emergency 911 has accomplished as much as 10 any organization -- 11 (Commissioner Oehler's computer made a noise.) 12 COMMISSIONER BALDWIN: What is that? 13 COMMISSIONER OEHLER: I didn't do it, Buster; it 14 did it automatically. 15 COMMISSIONER BALDWIN: Do we have the landing 16 lights turned on? 17 COMMISSIONER WILLIAMS: Bill Gates calling you. 18 COMMISSIONER BALDWIN: Okay. The -- I think they 19 have accomplished as much as anybody in this town, so that's 20 all I wanted to say. So far. We'll take a look at his 21 budget here in just a moment. 22 JUDGE TINLEY: You may have a different viewpoint? 23 COMMISSIONER BALDWIN: May have a little different 24 viewpoint here in just a few minutes. 25 JUDGE TINLEY: I know that some of you -- or 9-14-09 10 1 probably all of you have received the most recent report from 2 our Indigent Health Care -- 3 COMMISSIONER BALDWIN: Golly. 4 JUDGE TINLEY: -- department, and those people 5 deserve a lot of credit for the hard work that they've done 6 down there. They have saved the citizens of this county a 7 whole lot of money during the past year that -- that we've 8 taken control of that particular function. And -- and those 9 of you in the audience that -- that may not be aware, the 10 County has an obligation under the law to provide health care 11 services to those people who are classified as indigent under 12 the law, under state law. This is not something we adopted; 13 this is something that got adopted for us, but we get to fund 14 it, like a lot of other things that come from those 15 governments that are higher up the food chain than are we. 16 But our people have done an absolutely fabulous job of -- of 17 prescribing good policies, getting us to adopt them, and 18 administering that program, and have saved you a lot of 19 money. 20 COMMISSIONER BALDWIN: Judge, may I give an example 21 of that? 22 JUDGE TINLEY: Yes, sir, you sure may. 23 COMMISSIONER BALDWIN: In August 2008, our monthly 24 financial payment was $66,000, for August. And August 2009, 25 this year is $4,000. It's gone from 66 to 4. 9-14-09 11 1 (Commissioner Oehler's computer made a noise.) 2 COMMISSIONER OEHLER: I don't do this on purpose, I 3 promise. (Laughter.) 4 COMMISSIONER WILLIAMS: There's a little red -- 5 COMMISSIONER BALDWIN: That did it. 6 COMMISSIONER WILLIAMS: It's a little red horn 7 right up on top. 8 JUDGE TINLEY: But I know most of you don't even 9 know that this department exists, or this function exists 10 within county government. It's something you need to know. 11 There is significant potential financial exposure by virtue 12 of the mandate that's imposed on us, but these folks are 13 doing a fabulous job, and they deserve recognition for it. 14 That's my purpose in mentioning it. Let's get on with our 15 agenda; we got a fairly lengthy one. The first item on the 16 agenda would be to consider, discuss, and take appropriate 17 action on the Kerr Emergency 911 2010 proposed budget. 18 Mr. Amerine? 19 MR. AMERINE: I'm Bill Amerine, Executive Director 20 of Kerr Emergency 911. Our offices are located at 819 Water 21 Street, Kerrville, Texas. I'm here today to present the 2010 22 budget. In accordance with the Texas Health and Safety Code 23 772, Subchapter D, the director shall prepare, under the 24 direction of the board, an annual budget for the district. 25 To be effective, the budget must be approved by that board, 9-14-09 12 1 which was done on the 20th of August, 2009, and then -- then 2 presented and approved by the Commissioners Court, City of 3 Kerrville, and City of Ingram. I'm here today to present 4 that budget. The budget highlights, it's a balanced budget 5 again this year. Gross income increases from 2009 are about 6 $13,000, and we're also spending that increase, so it pretty 7 much balances out. We're seeing a continuing trend of 8 wireless increases while wire line traditional phone services 9 are decreasing. We have a proposed salary staff increase of 10 4.2 percent. There's no changes this year. We always 11 consider as part of the budget process changes to our 12 surcharge rate for 911. After looking at our needs, we see 13 no need to raise that rate. However, next year, we're fairly 14 confident we'll actually be able to reduce that rate again. 15 Towards the end of 2010, we'll be adding -- the 16 last quarter, we'll be adding a full-time staff member, a GIS 17 address coordinator, who will then continue in that position 18 in 2011 and beyond. The vision for this next year for 911 19 would be to replace the PSAP and call center equipment in 20 both the Kerrville Police Department and the Sheriff's 21 Office, with enhancements to the Sheriff's Office. One of 22 the problems we've had fairly consistently with the Sheriff's 23 Office is continuity with our connection. We have a T-1 24 connection, which is kind of flaky. We're going to look at 25 upgrading that, in addition to adding an additional 9-14-09 13 1 workstation. Their call volume and needs require two 2 workstations for their staff. Continue to enhance 911 public 3 education awareness. As a matter of fact, we're on a 4 campaign this fall to do that. We'll be out traveling about, 5 and we'll continue that in 2010, continue to provide 6 addressing coordination for Ingram, Kerrville, and Kerr 7 County, and, of course, make 911 signs. And with that 8 overview, I'll be glad to answer any questions the 9 Commissioners or Judge Tinley have. 10 JUDGE TINLEY: Mr. Amerine, you mentioned that 11 there was no change in the -- in the surcharge being imposed 12 upon the citizens that have telephone service. 13 MR. AMERINE: Yes, sir. 14 JUDGE TINLEY: And that, going forward, it was your 15 hope and intention, based upon looking forward in your 16 budgetary process, that you'll be able to reduce that rate 17 again? 18 MR. AMERINE: We've done it twice in the past. 19 JUDGE TINLEY: Okay. 20 MR. AMERINE: You did it. 21 JUDGE TINLEY: When did that occur? When did those 22 occur? 23 MR. AMERINE: We did that in 2006 and again in 24 2007. We did not do it in the 2008 or 2009 budget. Overall, 25 from the -- my tenure, we've reduced the tax rate 12.7 9-14-09 14 1 percent overall in these two -- 2 JUDGE TINLEY: The surcharge to the -- 3 MR. AMERINE: Right. 4 JUDGE TINLEY: -- telephone subscribers? 5 MR. AMERINE: Right. And it's not a lot. I mean, 6 when I got here, the -- the surcharge was 50 cents per phone 7 line. It's 34 cents now, but we see that being reduced again 8 as we go forward. 9 COMMISSIONER BALDWIN: Going in the right 10 direction. 11 JUDGE TINLEY: Mm-hmm. 12 COMMISSIONER BALDWIN: That's fantastic. 13 COMMISSIONER LETZ: Bill? 14 MR. AMERINE: Yes, sir? 15 COMMISSIONER LETZ: How are we doing with getting 16 address signs out? 17 MR. AMERINE: It's -- you know, every time we write 18 an article, or a concerned citizen -- we have a friend of 19 911, Ed Fournier, who occasionally writes letters to the 20 editor on our behalf. Every time we have some sort of public 21 notice, we have a very brief increase in signs sales. I 22 would think that we still have a significant number of folks 23 with no signage whatsoever on their properties. Just as we 24 have -- and this is really a good number. Out of 32,000 25 phone lines in Kerr County in our jurisdiction, we only have 9-14-09 15 1 50 of those phone lines that have no address associated with 2 them. I mean, that's 99.99 percent compliance with an 3 address to a phone number. That's really a good number. But 4 those 50 people we've contacted three times by letter and 5 phone call, and this last time, we're going to send a 6 registered letter to try to get them to come forward. And 7 the people who have responded, they just aren't interested in 8 associating a physical address with their phone number. 9 Privacy is more important than their personal safety. They 10 feel they'll be able to communicate their location when they 11 need us. But we do continue, to answer your question, to 12 push those sign sales. 13 COMMISSIONER LETZ: I'm not sure if you're aware, 14 but counties were given the authority -- I think it's 15 effective September 1st -- to make it a -- I want to say 16 criminal offense for not posting a sign. 17 COMMISSIONER WILLIAMS: Misdemeanor. 18 COMMISSIONER LETZ: Misdemeanor. Would you be in 19 favor of us pursuing that? 20 MR. AMERINE: Absolutely. I think in the past, 21 I've asked that question, and the answer back then was that 22 you couldn't levy such an ordinance. But, you know, the City 23 of Kerrville and Ingram do have that ordinance, to have a 24 fine associated with not having signage. And sometimes 25 that's what you need to get people to help themselves, 'cause 9-14-09 16 1 that's what it really comes down to. We're not interested in 2 anything other than being able to find them when they call 3 911. 4 COMMISSIONER LETZ: Okay. We might take -- have 5 you looked at the bill? 6 MR. AMERINE: I haven't seen it, but I'll look into 7 it. 8 COMMISSIONER LETZ: It would be interesting to see 9 if you support it. 10 COMMISSIONER WILLIAMS: Bill, I noticed you got 11 about $217,000 in your capital cash account. And you make 12 some comment about scheduling a replacement of PSAP 13 equipment, right? Is that adequate? Or -- 14 MR. AMERINE: Well, actually, the 217,000 is cash 15 in a cash account. We actually have a C.D. which we're going 16 to utilize. We suspect that the total cost of that 17 replacement will be between $250,000 and $300,000. Even with 18 that expenditure, we'll still have approximately $350,000, 19 $400,000 seed money for 2014 when we replace that equipment 20 again. 21 COMMISSIONER WILLIAMS: Thank you. Thank you for 22 the job you do. 23 MR. AMERINE: Thank you. 24 COMMISSIONER LETZ: The -- nevermind. I'll ask you 25 later. 9-14-09 17 1 JUDGE TINLEY: There was a lot of concern about 2 getting you guys geared up to do the wireless function, and 3 there was a lot of concern that that was just going to be 4 horrendously expensive. That hasn't turned out to be the 5 case, has it? 6 MR. AMERINE: You know, an interesting phenomenon 7 occurred from 2005 to present, where a lot of the primary 8 providers, like Verizon and T-Mobile, have decided that it 9 costs more for them to administer a cost recovery for that 10 service than it does just to go ahead and provide it. I'm 11 sure that they roll that cost into their fees for their 12 customers, but we don't have to pay the cost recovery as a 13 911 district any more. So, the actual cost, even though we 14 continue, even in 2010, to allocate $54,000 to pay those 15 services, hasn't worked out to be that expensive. Now, we 16 still have two outstanding companies that haven't come 17 forward to -- to either say whether they are or they're not 18 going to do cost recovery. That's Five Star Wireless and 19 AT&T Mobility. But when it all shakes out, I think it's 20 going to be a lot less expensive. If you remember, I think I 21 said several years ago over $100,000. I believe it will be 22 less than 40 when it's all said and done, per year. 23 COMMISSIONER BALDWIN: Can we take that a step 24 further, and what -- what is the status of 911's ability to 25 locate wireless telephones? 9-14-09 18 1 MR. AMERINE: Regardless of who your wireless 2 provider is -- and I like to say that because there are so 3 many different ones out there. Currently, Kerr County is 4 100 percent Phase II compliant, and what that means is that 5 if you're using a wireless device, and you're not standing 6 inside of a metal building or in a basement, because that is 7 essential, believe it or not, even though the call will 8 connect, for those systems to work, especially if they're 9 GPS-based, you have to have a clear view of the sky, or very 10 little obstruction between you and the sky for that to work. 11 But if you have no obstructions between you and the sky of 12 any significance, then we can locate you, and the accuracy 13 that we've seen since this was implemented late last year was 14 anywhere from a few yards to maybe a couple hundred yards 15 from where the call is initiated. And where this becomes 16 critical is out in the rural areas. In the city, it's never 17 difficult to find somebody, but if somebody's been in a 18 hunting accident out on a hunting lease, we can find them 19 fairly quickly. 20 JUDGE TINLEY: Any more questions for Mr. Amerine? 21 COMMISSIONER OEHLER: Well, I just have one. I 22 guess it's the same one that goes with everything that -- 23 every budget that comes through here. Did you say you had 4 24 and a half percent increase in salaries? 25 MR. AMERINE: 4.2 percent. 9-14-09 19 1 COMMISSIONER OEHLER: This year, I'm not sure we're 2 going to give any increases, and we kind of -- that's yet to 3 be determined, but from my standpoint, I think that -- that 4 we probably ought not to approve any, but that's just my 5 feeling as your Commissioner. 6 MR. AMERINE: Yes, sir. 7 COMMISSIONER OEHLER: I may be out -- outvoted, but 8 I don't believe anybody else is going to get a raise to that 9 magnitude, any of the other parts of the county government. 10 MR. AMERINE: Well, if I can explain that a little 11 bit, my increase is only going to be 1.7 percent. I know 12 that it's just the increase in general. I'm doing a parity 13 adjustment for my associate director; his increase is going 14 to be close to 7. And then there is an hour increase for our 15 waged secretary/receptionist. It's not an increase in hourly 16 rate, but an increase in number of hours which is driving 17 that percentage point up, so it looks like an inflated amount 18 when, in actuality, it's not. 19 COMMISSIONER OEHLER: I appreciate the job you do 20 and what's been accomplished. 21 MR. AMERINE: Thank you, sir. 22 COMMISSIONER OEHLER: Just thought I'd throw that 23 out there, because it's -- we're going into times -- I know 24 you're in real fine financial shape, which you have made a 25 lot of effort to make that happen. 9-14-09 20 1 MR. AMERINE: Thank you, sir. 2 COMMISSIONER OEHLER: But, anyway, that's just -- 3 that's a feeling that I have, and I think a feeling of a lot 4 of constituents, that you don't give raises or increases 5 whenever you're going in a down economy. 6 MR. AMERINE: I understand. 7 JUDGE TINLEY: Any other questions for Mr. Amerine? 8 COMMISSIONER BALDWIN: Thank you, sir. 9 MR. AMERINE: Thank you. 10 COMMISSIONER WILLIAMS: We need approval of this? 11 MR. AMERINE: Yes, sir. 12 COMMISSIONER LETZ: Move approval. 13 COMMISSIONER WILLIAMS: Judge, I would move 14 approval of the 911 -- 15 JUDGE TINLEY: We already got it over here. 16 COMMISSIONER WILLIAMS: You already got it? 17 Second. 18 JUDGE TINLEY: I have a motion and a second for 19 approval of the agenda item. Question or discussion? All in 20 favor of the motion, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. Let's move 25 to Item 2, if we might; consider, discuss, take appropriate 9-14-09 21 1 action regarding the annual courthouse lighting agreement 2 between Kerr Christmas Lighting Corporation and Kerr County. 3 Mr. Bond, good to see you this morning. 4 MR. BOND: Good morning, gentlemen. How is 5 everybody today? It's that time of year again. I stand 6 before you today just to get approval from the Court on the 7 annual agreement that we have each year to come on the 8 property and begin decorating the courthouse lawn, as well as 9 the courthouse itself. Actually, I've shared with -- with 10 the Court as well -- hopefully, each of you has at your spot 11 a mock-up of this year's redesign of how we're going to 12 decorate the courthouse itself. We try each year to do 13 something new and special, and try to keep our -- our annual 14 Christmas lighting up to date. This year, we're -- we're 15 taking a pretty big step forward, I think, and we're going to 16 recommend that we change the way we decorate the courthouse, 17 do away with all the up-and-down light strands, which are not 18 only expensive to run, but also have been up that way for, I 19 think, close to eight years, maybe nine. It's been that way 20 for a long, long time, so we think maybe it's time for a 21 change. 22 And what we have there is just a mock-up -- 23 computer mock-up of what we think would be a nice, new, fresh 24 look for the way the courthouse is decorated this year. I've 25 had a chance to visit with Tim, and I shared, I think, with a 9-14-09 22 1 couple of y'all a little bit ahead of time just to kind of 2 get an initial reaction. So far, it's been pretty positive. 3 The only thing I think is -- is important to consider is that 4 we will have to affix some brackets to the courthouse walls 5 to -- to mount those wreaths in order for it to be safe and 6 secure, which will require a little bit of drilling into the 7 mortar to mount those brackets in the mortar of the bricks. 8 Pretty common thing to do. I've got numerous mortar-hanged 9 brackets on my house at home as well. Just wanted to kind of 10 get some initial reaction from the Court on that, make sure 11 that there wasn't any opposition to it before we start 12 spending money on ordering those wreaths. 13 COMMISSIONER BALDWIN: Are these lights in between 14 the wreaths? 15 MR. BOND: Yes, sir, mm-hmm. 16 COMMISSIONER BALDWIN: And in the wreaths -- like, 17 on the front of the courthouse, in the wreaths themselves, 18 will there be lights? 19 MR. BOND: Yes, the wreath itself will be lit as 20 well. 21 COMMISSIONER BALDWIN: This is one of the classiest 22 looks I've seen. This is really class. 23 MR. BOND: Everybody that I've spoken to so far has 24 been positive and excited about seeing something new. 25 COMMISSIONER BALDWIN: I don't know about drilling 9-14-09 23 1 holes in the side of the damn courthouse, though. 2 (Laughter.) 3 JUDGE TINLEY: Mr. Bond, the brackets that you're 4 talking about, will they be unobtrusive -- 5 MR. BOND: Yes. 6 JUDGE TINLEY: -- when the decorations aren't 7 there? 8 MR. BOND: Absolutely. And, actually, we can 9 design them in such a manner that they can be taken down 10 during off season. What will probably have to remain is the 11 actual hole that we drill. 12 JUDGE TINLEY: Sure. 13 MR. BOND: We'll have a permanent -- 14 JUDGE TINLEY: Where you screw into it. 15 MR. BOND: Screw into it, right, so it will be 16 basically invisible in the off season. 17 COMMISSIONER WILLIAMS: Are you going to have to 18 rework your electrical to accommodate this, -- 19 MR. BOND: No, sir. 20 COMMISSIONER WILLIAMS: -- or take off -- 21 MR. BOND: We've actually redone the rooftop. All 22 of the cords will come from the top down. We've got plenty 23 of electrical up above, and it's nice in this design, because 24 we can reuse lights we already own to do the -- the new 25 design, so we won't have to purchase a whole bunch of new 9-14-09 24 1 lights to do that. 2 JUDGE TINLEY: Tim, you've -- you've looked at 3 this, discussed it with Mr. Bond, and y'all have been through 4 it, and it's something that's doable from your standpoint? 5 MR. BOLLIER: Yes, sir, I feel that it's doable. 6 And it's like I told Kyle; the only problem that we have is 7 we got to be real careful what we affix on the new part of 8 the courthouse over here, that little -- 9 MR. BOND: Paraffin. 10 MR. BOLLIER: -- paraffin around there, because 11 that has styrofoam in it. And we have to be real careful 12 with what we do there. And -- 13 MR. BOND: If you notice, on the -- 14 MR. BOLLIER: Kyle and I was talking about it. I 15 think that there's ways -- I mean, there's several ways to 16 affix that to the courthouse. 17 MR. BOND: We'll be working directly with Tim. In 18 the annual agreement, I've asked for one additional week this 19 year, to begin October the 24th, which is one additional week 20 more than we would usually take. We will spend that weekend 21 getting those brackets affixed and begin that process, and 22 work with Tim on that. Ordinarily, that process is handled 23 by community service workers, the decorating of the 24 courthouse itself. This year, I would recommend that some 25 folks from our group are involved in that process as well, 9-14-09 25 1 and help with Tim, and we'll have a lift out there to get up 2 and down and do it safely. 3 JUDGE TINLEY: It's doable, Tim? 4 MR. BOLLIER: Yes, sir, it's doable. 5 JUDGE TINLEY: Okay. Ms. Rackley? 6 MS. RACKLEY: How much does it cost Kerr County for 7 them to do the lights? 8 JUDGE TINLEY: Zero. 9 MR. BOND: Zero. Costs zero. We are a self-funded 10 volunteer organization that's funded -- 11 MS. RACKLEY: Yeah, they ask me for money all the 12 time. 13 MR. BOND: Well, it's by donation only, yes. 14 MS. RACKLEY: Okay. 15 COMMISSIONER WILLIAMS: What about your plans for 16 the grounds, Kyle? 17 MR. BOND: The grounds this year will be the same 18 as last year. We don't have anything new this year. We do 19 have new LED lights that we're going to be putting into the 20 displays, which will save on electricity costs, and they last 21 approximately seven to eight years, as compared to one or two 22 compared to the old incandescent lights. So, we're stepping 23 forward in technology, and it will save us all money in the 24 long run. That's all I have today, unless anybody has any 25 concerns. 9-14-09 26 1 JUDGE TINLEY: Any more questions for Mr. Bond? 2 Okay. This is an action item, gentlemen. 3 COMMISSIONER BALDWIN: I move for approval. 4 COMMISSIONER OEHLER: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 approval of the agenda item. Question or discussion? All in 7 favor of the motion, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: That motion does carry. 12 MR. BOND: Thank you, gentlemen. 13 JUDGE TINLEY: Thank you very much, Mr. Bond. 14 We'll move to Item 3; consider, discuss, take appropriate 15 action on contract with Hill Country Alternate Dispute 16 Resolution Center. Mr. Ed Reaves. Good to see you this 17 morning, sir. 18 MR. REAVES: Good morning, Your Honor, 19 Commissioners. The Hill Country A.D.R. Center, as you know, 20 is a 501(c)(3) nonprofit organization, and it was founded -- 21 revived, actually, from an earlier start in 2002, with the 22 support of the Commissioners and the Kerr County Bar 23 Association. Since then, the volume has grown steadily each 24 year, and we have had over 800 mediations actually held. And 25 it's really a lot more that is involved in that, because in 9-14-09 27 1 any given month, we may have, you know, anywhere from three 2 to six cases that are actually scheduled and we make a 3 reservation for where to hold it, and they're settled under 4 threat of mediation. And, you know, so we feel like it does 5 a lot of good, not just from the individual mediations -- we 6 had 153 last year -- but also through the change in culture 7 that's being introduced from a purely "kill 'em till they're 8 dead" litigation approach to that of trying to find an 9 alternative means of peacefully resolving disputes. Which 10 the state experience has been that people are more satisfied 11 with something they worked out, even if they've have to 12 compromise somewhat, than if it's imposed by a third party. 13 Now, we had 153 cases last year. That was up a 14 little bit from the year before. Last year we had really a 15 record settlement rate of almost 89 percent. It was about -- 16 over 82 in '08. That's higher than the state average of 17 about 75 percent, and some urban areas only have a little 18 over 50 percent settlement rates. But we have the advantage, 19 because we're small enough; we can find out a little bit 20 about each case and try and recruit the best mediator for a 21 particular fact situation. And that's our lifeblood. We 22 have over 75 volunteer mediators who, without any 23 compensation, spend their day, and sometimes into the night, 24 trying to -- to bring settlement to the case before them. 25 And also, we have now introduced peer mediation both at 9-14-09 28 1 Talley, which I reported to you in writing, and also B.T. 2 Wilson Elementary Schools, and hopefully this is something 3 that will grow, the idea that you don't have to duke it out 4 on the playground. You know, there are other ways to -- to 5 resolve disputes. So, we would respectfully request renewal 6 of our contract with Kerr County for the -- the coming year. 7 COMMISSIONER BALDWIN: Mr. Reaves? 8 MR. REAVES: Yes, sir? 9 COMMISSIONER BALDWIN: The -- your group is one of 10 my favorite groups in town, because of the fact I believe 11 that reasonable people can sit gown and work through anything 12 if you stay there long enough, and y'all do that. Is there 13 -- I can't imagine how you -- how you would do this, but has 14 anyone ever sat down and figured out or estimated how much 15 money you save people -- like, save the taxpayers because of 16 the unclogging of the court system? 17 MR. REAVES: Well, the only analysis that I'm aware 18 of was in -- in Travis County, and they -- they calculated 19 that there was a $5,000-a-day savings for cases that would 20 have been tried in court. And, for example, we had 16 C.P.S. 21 cases last year that were mediated. Only one of them just 22 totally did not -- we didn't get a settlement on. And 23 there -- let's say that of that number, 10 of those would 24 have been jury trials. Well, both of the family law masters 25 have told me it takes a minimum of five days to try a C.P.S. 9-14-09 29 1 case. Well, whether it's 5,000 or 3,000, whatever figure you 2 use, if you have 10 cases, it would have taken five days; 3 that's 50 days of trial. That's a huge amount of money that 4 can be saved. And, of course, the courts are so crowded, 5 they have a great need to find more efficient ways to manage 6 the docket. 7 COMMISSIONER LETZ: Commissioner, to answer that 8 question a little bit, I just did a quick calculation. Of 9 the 153 cases you mediated, say it took two days on average, 10 $1,000 per case. That's $306,000 savings. 11 COMMISSIONER BALDWIN: Wow. We need to give y'all 12 more money. 13 MR. REAVES: Bless you. (Laughter.) 14 COMMISSIONER BALDWIN: I'm kidding. 15 JUDGE TINLEY: I'm going to ask the Auditor -- 16 there's a special account that we maintain from court costs 17 on cases filed for that purpose. Are there adequate funds in 18 that account to fund for the coming year? 19 MS. HARGIS: Yes. 20 JUDGE TINLEY: Okay. 21 MR. REAVES: And, if I may add, Your Honor I know 22 this lady's going to ask, you know, about where the money 23 comes from. The money comes from litigants. 24 MS. RACKLEY: I know that. 25 MR. REAVES: Great. 9-14-09 30 1 MS. RACKLEY: I've been one of the litigants. 2 MR. REAVES: So, a little bit of each filing fee 3 goes to the A.D.R. fund. And -- 4 MS. RACKLEY: But they are not unbiased. 5 They're -- they're for the county, and they're for the -- the 6 Appraisal District, so you just throw your $500 away. 7 COMMISSIONER WILLIAMS: Mr. Reaves, we appreciate 8 the work that you do. I think the Alternate Dispute 9 Resolution is a good thing for Kerr County, or any county, 10 and I do appreciate what do you. 11 MR. REAVES: Thank you, Commissioner. 12 COMMISSIONER WILLIAMS: I would move approval of 13 the contract for the Alternate Dispute Resolution Center, and 14 renewal fee being $15,000 for the ensuing budget year. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and seconded as 17 indicated. Further question or discussion on the motion? 18 All in favor of that motion, signify by raising your right 19 hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. We thank 24 you very much, Mr. Reaves. Let's move to Item 4, which is a 25 9:30 timed item. It's a bit past that time now. And that 9-14-09 31 1 item is to open bids for electrical, plumbing, HVAC, and pest 2 control services, and submit to Kerr County Maintenance 3 Supervisor for review and recommendation. 4 (Low-voice discussion off the record.) 5 JUDGE TINLEY: The first bid is from Foss Pest 6 Control in Ingram, with a schedule of amounts as listed on 7 the bid form. Second one is from Kerrville Air Conditioning, 8 Refrigeration and Heating, Inc., it looks like. That's on 9 HVAC, of course. Next bid is from Whelan Plumbing, on 10 plumbing services. Next one we have is from D.W. Electric 11 on, I assume, electrical -- yes, on electrical work. Next 12 one we have is from Guadalupe Electric on electrical work. 13 Next one we have is from Airtech A/C and Heating, on HVAC. 14 The next one is from Hill Country Pest Control for pest 15 control services. 16 COMMISSIONER LETZ: Judge, I move we accept all 17 proposals and forward them to the Maintenance Director for 18 recommendation. 19 COMMISSIONER OEHLER: Second. 20 JUDGE TINLEY: Motion made and seconded as 21 indicated. Further question or discussion? 22 MS. RACKLEY: Did you get three bids on everything? 23 JUDGE TINLEY: There's a hand raised out here. You 24 need to identify yourself, sir. 25 MR. MITCHELL: Doug Mitchell, Hill Country 9-14-09 32 1 Community Journal Newspaper. Just what are the total number 2 of bids you have there? 3 JUDGE TINLEY: One, two, three, four, five, six -- 4 looks like we got seven. 5 MR. MITCHELL: Thank you, sir. 6 JUDGE TINLEY: We have a motion and a second. 7 Question or discussion on the motion? All in favor of the 8 motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Let's move 13 to Item 5, if we might; consider, discuss, and take 14 appropriate action to approve service agreement with Cad 15 Supplies Specialty for plat scanner, indicating it's the same 16 agreement as the prior year with no increase in fees. 17 Ms. Pieper? 18 MS. PIEPER: Judge, you basically said it all. 19 It's just another year that we need to renew our maintenance 20 agreement for our plotter-scanner. 21 COMMISSIONER OEHLER: Move approval. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval. Question or discussion on the motion? All in 25 favor of the motion, signify by raising your right hand. 9-14-09 33 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Let's move 5 to Item 11; consider, discuss, and take appropriate action on 6 concept plan for the Colvin Subdivision. Mr. Voelkel? 7 Mr. Colvin? Are you folks here yet? 8 COMMISSIONER OEHLER: I don't believe they're here 9 yet. 10 JUDGE TINLEY: They probably assumed it was going 11 to take place after 10:15. 12 COMMISSIONER OEHLER: Right. 13 JUDGE TINLEY: We'll pass that item for now and 14 move to Item 12; consider, discuss, take appropriate action 15 to accept and approve request from elected officials and 16 department heads for appropriate office staff pursuant to 17 Local Government Code, Chapter 151. I put this on the 18 agenda. As I'm sure members of the Court know, there's a -- 19 a Local Government Code provision that talks about each of 20 the department heads or elected officials to seek the Court's 21 authority to appoint the various positions that are shown. 22 All of them are keyed, or have been, at least in the past, to 23 our master position schedule that we have developed in 24 accordance with our budgeting process. And we had a number 25 of -- of departments and elected officials that have asked 9-14-09 34 1 for their request to be approved. I can go through here. 2 Mindy Williams, the County Treasurer; Leonard Odom, the Road 3 and Bridge Administrator; Linda Uecker, District Clerk; Rex 4 Emerson, County Attorney; County Court at Law, Judge Spencer 5 Brown; I.T. Department, John Trolinger; Auditor department, 6 Ms. Hargis; J.P. 1, Judge David Billeiter; Sergeant Chris 7 Lalonde, Texas Department of Public Safety; Tim Bollier, 8 Maintenance Supervisor; Bruce Curry, District Attorney; Janie 9 Whitt, Animal Control; H.R. Department, Eva Hyde; Extension 10 Office, Mr. Roy Walston; Jannett Pieper, County Clerk; J.P. 11 2, Judge Dawn Wright; J.P. 3, Judge Kathy Mitchell; Juvenile 12 Probation, Jason Davis; Kerr County Environmental Health, Ray 13 Garcia; Juvenile Detention Facility, Mr. Stanton; Sheriff's 14 Department, Sheriff Hierholzer. All of those are the ones 15 that have been submitted to this point for approval. 16 COMMISSIONER BALDWIN: Judge, may I ask a question? 17 JUDGE TINLEY: You may. 18 COMMISSIONER BALDWIN: I think -- I tried to keep 19 up with all that, and I think they were all county employees 20 or connected to the county except for D.P.S. What -- why 21 would they seek our permission to do anything? 22 JUDGE TINLEY: Because -- the only -- the only 23 answer I can give you for that, Commissioner, is if you'll 24 recall, we have a separate budget for Department of Public 25 Safety in which Kerr County employs a secretary that works 9-14-09 35 1 for the Department of Public Safety. We pay that -- we pay 2 that secretary, provide benefits, and she's shown on our -- 3 or he or she, as the case may be, is shown on our position 4 schedule, so that individual's classified as a Kerr County 5 employee. 6 COMMISSIONER BALDWIN: Okay. All-righty. 7 JUDGE TINLEY: I can understand, at first blush, 8 you might say, "What do we have to do with the Department of 9 Public Safety, except call them when we need them?" 10 COMMISSIONER LETZ: Move approval of the agenda 11 item. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval. Question or discussion on the motion? All in 15 favor of the motion, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. Let's move 20 to Item 13; consider, discuss, and take appropriate action to 21 approve the 2010 resolution for the Indigent Defense Grant 22 program and authorize County Judge to sign the resolution. 23 Ms. Hargis. 24 MS. HARGIS: This is the annual resolution that is 25 required by the State of Texas in order for us to accept the 9-14-09 36 1 grant, and we have to have this resolution approved and 2 signed when we send in our acceptance, so I'm just asking for 3 you to approve the grant. It is 26,000 this year; it's gone 4 down about -- not quite $1,000 from last year. 5 COMMISSIONER WILLIAMS: Ms. Hargis, this formula 6 grant provides us with $26,317 for indigent defense. How 7 much have we spent? 8 MS. HARGIS: Well, we spent it all for indigent 9 defense. 10 COMMISSIONER WILLIAMS: Some beyond the grant? 11 MS. HARGIS: Way beyond the grant. 12 JUDGE TINLEY: Hundreds of thousands of dollars. 13 COMMISSIONER WILLIAMS: I just thought I'd like to 14 get it in the record. 15 MS. HARGIS: I don't have the exact figures, but 16 I'm sure it's anywhere from 250,000 to 300,000. 17 COMMISSIONER WILLIAMS: Thank you. 18 COMMISSIONER BALDWIN: So moved. 19 COMMISSIONER LETZ: Second. 20 JUDGE TINLEY: Motion made and seconded for 21 approval of the agenda item. Question or discussion? All in 22 favor of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 9-14-09 37 1 JUDGE TINLEY: The motion does carry. We'll move 2 to Item 14, to consider, discuss, and take appropriate action 3 to declare 14 VHF mobile radios as surplus property and 4 dispose of the same. Sheriff? 5 SHERIFF HIERHOLZER: Yes. These are the old car 6 radios coming out and being replaced with the digitals, and 7 what I would like to do with these is not -- I know that 8 we've talked to Len Odom about his supervisors' vehicles 9 getting some of them. We would like to give them there. I 10 got a call from a place called Loyal Valley which is creating 11 a new volunteer fire department in Mason County; they're 12 between Mason and Cherry Springs, and they have asked if 13 there's any way that they could get four or five of these 14 radios for their new vehicles. And then I'd like to also 15 contact our local volunteer fire departments that these 16 people operate and offer them these radios. They won't work 17 for us any more because they're not digital; we can't deal 18 with the P.D. And the only short-term effect they will have, 19 if Kerrville Fire Department goes digital, which they are 20 doing, then they won't work for those fire departments; they 21 won't be able to communicate with Kerrville. But I do think 22 that it's wise. 23 JUDGE TINLEY: Sheriff, it occurs to me that if 24 we're going to -- if those are still capable of being 25 utilized by VFD's, for example, we first need to offer them 9-14-09 38 1 to departments in Kerr County, or ones that serve Kerr 2 County, such as Comfort, Tierra Linda, Castle Creek -- 3 COMMISSIONER LETZ: Castle Lake. 4 JUDGE TINLEY: Castle Lake, the ones that -- ones 5 that serve Kerr County, and to the extent there's any excess, 6 certainly, our good neighbors up in Mason or other counties 7 would be next in line. But -- 8 SHERIFF HIERHOLZER: I agree with you 100 percent. 9 And these are -- this is only the first batch. As you know, 10 I've got about 53 vehicles that will be done, and a lot of 11 them are portables, and we are making sure that we do have 12 plenty to furnish our local departments, 'cause I think they 13 are the most important to us and our citizens. But a 14 brand-new volunteer fire department that can assist between 15 Mason and Cherry Springs that -- you know, they don't have 16 much equipment at all. They were -- were calling, asking if 17 there's any way, and that's why I put it on the agenda. 18 COMMISSIONER BALDWIN: Let me ask you a question. 19 I'm assuming that we can transfer from one department to 20 another inside the county. Can you transfer from a county to 21 another county? Don't you have to declare -- let me finish. 22 Don't you have to declare it surplus somehow? And then how 23 do you get it over to the other county? 24 MR. EMERSON: You declare it surplus anyway, and 25 then the transfer within the departments occurs after that 9-14-09 39 1 point, with the priority being given to the other volunteer 2 agencies. 3 COMMISSIONER BALDWIN: Okay. 4 SHERIFF HIERHOLZER: Now, I'm under the -- wait 5 just a minute. Once it's declared surplus, then we can just 6 donate it to those volunteer fire departments. There's not 7 really a -- a paper trail after that. These -- if these 14 8 radios are declared surplus, I give them to those volunteer 9 fire departments, and they're out of my inventory. 10 COMMISSIONER WILLIAMS: Sheriff, are you going to 11 come back at a later date asking for the same thing for the 12 remainder? Why don't you just make it all-inclusive, do it 13 one time? 14 SHERIFF HIERHOLZER: Because until we get that next 15 grant to replace the next radios, I'm not going to declare 16 the radios as surplus. 17 COMMISSIONER WILLIAMS: That's -- I realize that 18 you need replacement radios. 19 SHERIFF HIERHOLZER: But the main thing that 20 brought this up now is when we did get a call -- of course, 21 Len wasn't in a hurry on his. He just said yeah, he could 22 use them. We thought he'd want more than four or five. He 23 was the first one we contacted. And I wasn't going to bring 24 it up yet, but then when the volunteer fire department out of 25 Loyal Valley called and said that they're -- they don't have 9-14-09 40 1 any, and that they're trying to get their trucks going at 2 least, then I felt I ought to at least put it on, see if we 3 could help that small department. 4 JUDGE TINLEY: Sheriff, you're confident that, down 5 the road, as -- as we continue this transition to digital 6 radios and you take these VHF radios out of service, that 7 there will be ample, down the road, radios to service all the 8 Kerr County VFD's, and also those that serve Kerr County, are 9 you not? 10 SHERIFF HIERHOLZER: I am confident. The ones in 11 Kerr County, no doubt, okay? I don't know, you know, if we 12 start furnishing Comfort or Tierra Linda, how many they would 13 need. I don't know how much equipment they have, and so I'd 14 hate to say, "Yes, I'm confident," and then come up a few 15 radios short. I just -- I don't know. Between portables -- 16 you know, portable radios, yes, there's going to be probably 17 close to 75 to 100 portable radios that will gradually get 18 replaced over the next number of years, you know, so you have 19 those. Now, a lot of these departments, it's kind of similar 20 to what Len said. They want them in the supervisor vehicles 21 or they want them in -- in their fire trucks, all right? I'm 22 not so sure I want them in private vehicles that aren't 23 belonging to the fire department, if you know what I'm 24 talking about. I have some issues, because there are a lot 25 of different frequencies there, if these radios are going in 9-14-09 41 1 private vehicles. If they're going into fire 2 department-owned vehicles, fire trucks, tankers, you know, 3 all that, then there's no doubt we'd have plenty of radios 4 for everybody. 5 JUDGE TINLEY: Okay. And that's something, of 6 course, that you're -- when they make -- make a request for 7 those, you're asking what they're going to do and what 8 they're going to put them in, aren't you? 9 SHERIFF HIERHOLZER: Yes. 10 JUDGE TINLEY: Okay. 11 MS. RACKLEY: I have a question. Is the VHF radios 12 compatible with the digital radios? 13 JUDGE TINLEY: No, ma'am. 14 MS. RACKLEY: Uh-huh. 15 JUDGE TINLEY: But they can communicate amongst 16 themselves much better -- 17 MS. RACKLEY: And there -- 18 JUDGE TINLEY: -- than a megaphone or a holler. 19 MS. RACKLEY: -- there is supposed to be a paper 20 trail, by the way. 21 COMMISSIONER LETZ: I'll make a motion that we 22 declare the 14 VHF radios surplus and give the Sheriff 23 discretion to dispose of them as he feels appropriate. 24 COMMISSIONER OEHLER: Second. 25 COMMISSIONER LETZ: As long as they go to 9-14-09 42 1 governmental entities. 2 COMMISSIONER OEHLER: Second. I'm glad you added 3 that. 4 JUDGE TINLEY: Motion made and seconded as 5 indicated. Question or discussion on the motion? All in 6 favor of the motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. 11 (Low-voice discussion off the record.) 12 JUDGE TINLEY: I don't see -- I don't see 13 Mr. Voelkel. Mr. Colvin, do you know whether Mr. Voelkel's 14 going to be here this morning? 15 MR. COLVIN: He's not planning to come, but he's 16 available on telephone call if you need him. 17 JUDGE TINLEY: Okay. Let me go back and call Item 18 11 -- recall Item 11; consider, discuss, and take appropriate 19 action to concept plan for the Colvin Subdivision. 20 Mr. Colvin? 21 MR. COLVIN: Good morning. 22 COMMISSIONER WILLIAMS: Morning. 23 MR. COLVIN: I don't have a copy of the plat, 24 Commissioner Oehler. I -- 25 COMMISSIONER OEHLER: Mr. Voelkel got my copy. So 9-14-09 43 1 we can try to wade through this as much as we can. 2 MR. COLVIN: Would y'all prefer that I go get one 3 and come back? 4 COMMISSIONER LETZ: Is this the same -- 5 COMMISSIONER OEHLER: This -- no, this is a 6 different deal. This is up at -- 7 MR. COLVIN: It's a 48-acre tract at Hunt that 8 Nancy and I own. 9 COMMISSIONER BALDWIN: We need to see it. 10 MR. COLVIN: I agree. 11 COMMISSIONER OEHLER: What it is, is a concept 12 plan. 13 COMMISSIONER LETZ: Yeah. 14 COMMISSIONER OEHLER: And Mr. Voelkel and I have 15 dealt with it, and I met with Mr. Colvin, and I don't know 16 why he's not here to -- 17 MR. COLVIN: He took a fall Wednesday. 18 COMMISSIONER OEHLER: Oh, he took a fall? 19 MR. COLVIN: And was out Thursday and Friday and 20 Saturday, so he's kind of moving around -- that's why he's 21 not here this morning. I'll run down to his office and get 22 one. 23 COMMISSIONER OEHLER: You run down to his office 24 and get one. I think we can go through it without him having 25 to be here. If you don't mind, we can call it later. 9-14-09 44 1 MR. COLVIN: Okay. 2 JUDGE TINLEY: Okay, that item will be subject to 3 recall. Let me go to Item 15; to consider, discuss, and take 4 appropriate action, up to and including litigation, to 5 resolve the Ingram Lake construction encroachment on William 6 Vlasek's property. Mr. Emerson? 7 MR. EMERSON: Yes, Judge. As you know, when the 8 Ingram Lake was drained, there's been some controversy over 9 whether or not Mr. Vlasek encroached into the public easement 10 of the waterway when he built his retaining wall. Over the 11 last six months, that issue has bounced around between 12 multiple state agencies. It's probably gone through half a 13 dozen different state agencies. They've essentially all 14 determined that the County needs to deal with it. They're 15 not willing to deal with it, and so it's back in our lap. 16 So, I would like permission from the Court to communicate 17 with Mr. Vlasek, try to work out this issue, and in the event 18 that we can't reach some reasonable agreement, then we need 19 to pursue litigation to protect the public easement. 20 COMMISSIONER OEHLER: I'll move to give you that 21 authority. 22 COMMISSIONER WILLIAMS: Second. 23 COMMISSIONER OEHLER: There's a lot of controversy 24 around this issue, and I believe it can be resolved if we let 25 the County Attorney take the lead on the thing, and I'll be 9-14-09 45 1 glad to help, and whoever else we need to involve. We'll 2 come up with some kind of resolution to this problem. 3 JUDGE TINLEY: We have a motion and a second as 4 indicated. Question or discussion on that motion? 5 COMMISSIONER BALDWIN: I'm amazed that suddenly we 6 have taken control of the state agencies and D.P.S. a few 7 minutes ago. I can't wait to see how this thing transpires 8 through the day. 9 JUDGE TINLEY: By the time we get to noon, we'll 10 have full charge of everything, Buster. 11 COMMISSIONER BALDWIN: Man, I'm exited. 12 MS. RACKLEY: Buster, I agree with you. 13 COMMISSIONER BALDWIN: Thank you. There's a first. 14 COMMISSIONER OEHLER: The Judge will be governor. 15 JUDGE TINLEY: Oh, no thanks. No thanks. We have 16 a motion and a second. Question or discussion on the motion? 17 All in favor of the motion, signify by raising your right 18 hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: That motion does carry. Okay, let's 23 move to Item 18; consider, discuss, and take appropriate 24 action to approve -- approve closure of Flat Rock Lake 25 effective October 1, 2009, until further notice, and advise 9-14-09 46 1 state agencies of our intention to lower lake water level and 2 obtain proper permits. Commissioner Williams? 3 COMMISSIONER WILLIAMS: Judge, can you call all 4 four items? They're all related to discussions all over the 5 lot. So, 18, 19, 20, and 21. 6 JUDGE TINLEY: Okay. Is that going to take us a 7 while, Commissioner? 8 COMMISSIONER WILLIAMS: Shouldn't take too long. 9 JUDGE TINLEY: Let me call Item 19; consider, 10 discuss, take appropriate action to approve dredging and 11 cleanup of Flat Rock Lake under direct supervision of Road 12 and Bridge Department. Item 20, consider, discuss, and take 13 appropriate action to ban use of power boats, jet skis, and 14 other pleasure watercraft during period of Flat Rock Lake 15 closure. Fishing boats powered by trolling motors permitted 16 access to lake in areas unaffected by dredging activities. 17 And item 21, to consider, discuss, take appropriate action to 18 authorize the sale of materials removed from Flat Rock Lake, 19 and put into place county procedures as may be required to 20 assure proper controls regarding sale of county property. 21 Okay, there you go. The whole enchilada. 22 COMMISSIONER WILLIAMS: The whole enchilada is on 23 the table. Thank you, Judge. The purpose of all of these is 24 to get this Court's consideration and approval to shut down 25 Flat Rock Lake and to dredge it and take out the excess silt, 9-14-09 47 1 the idea being that we're going to work essentially on the 2 north side of the lake, as close as we can -- well, within 3 the length of -- of all of our property that fronts the lake. 4 The first item is to get the Court's approval to do that, and 5 to notify to shut down the lake and to dredge it, and to 6 authorize us to lower the lake and obtain the proper permits; 7 i.e., from T.C.E.Q., I believe, and Parks and Wildlife, for 8 the removal of material from the lake bottom. That's the 9 first item. 10 The second deals with doing all of this work under 11 the supervision of the Road and Bridge Department. We have 12 had meetings with Leonard and his staff with respect to the 13 logistics required to do this and the type of equipment that 14 we anticipate working on this project. And, for the Court's 15 benefit, we just concentrated on the use of a -- a big Cat 16 hydraulic excavator like so, and would propose to lease that 17 for the period of time after the -- after the drying event 18 takes place after the water is lowered. And the third item 19 has to do with banning power craft on the lake during the 20 period of excavation and cleanup. I think there's probably a 21 safety issue there if we were to continue to permit power 22 craft on the lake, jet skis and other things that pull water 23 skiers. 24 And the fourth item has to do with the sale -- 25 permission of the Court to authorize the sale of materials we 9-14-09 48 1 remove from the lake, and we need to talk about what the 2 price per cubic yard would be today, what the Court deems an 3 efficient -- effective rate that we would charge per cubic 4 yard for that, and authorize the Auditor and the Treasurer to 5 set up the necessary controls for the handling of the money. 6 The County would have the authority to move material -- to 7 remove it, and the sale of that material. So, all of those 8 are the four items, and they're open for discussion, Judge. 9 COMMISSIONER LETZ: Bill, first, I guess the 10 question I have -- and Bruce may know from Ingram Lake. What 11 permits are required? 12 COMMISSIONER WILLIAMS: Well, you may recall -- 13 Commissioner Oehler can weigh in on this -- we received a -- 14 we were chastised by the T.C.E.Q., the Watermaster 15 particularly, because they didn't get advance notification of 16 our intent to lower the lake in Ingram. Is that correct, 17 Commissioner? 18 COMMISSIONER OEHLER: That's correct. 19 COMMISSIONER WILLIAMS: Secondly, we need a permit, 20 or it needs -- at least we need to advise, one or the other, 21 Texas Parks and Wildlife -- Leonard, do you want to come to 22 the podium, please? -- of our intention to clean up the lake 23 and dredge it and take materials from the lake bottom. If 24 there are others, I don't know what they are, but those two 25 notifications, I believe, are appropriate ones. Are there 9-14-09 49 1 any others, Leonard? 2 MR. ODOM: No, sir. T.C.E.Q., Parks and Wildlife, 3 and floodplain with Mr. Hewitt. 4 COMMISSIONER WILLIAMS: Okay. 5 COMMISSIONER LETZ: Have we -- have you visited 6 with T.C.E.Q.? 7 MR. ODOM: Well, I have prior to this, and 8 explained that we would be dredging; I didn't know the exact 9 time, and that I wanted to avoid the confrontation last time 10 that we had. They were notified properly ahead of time. And 11 I was -- every time I go to Austin, I get -- something 12 happens. So, I go to Austin, and John Paul Jones is on 13 vacation, and this problem came down when we put the plug in 14 there. And they were properly notified, even at that; John 15 Paul Jones was. He just wasn't around. So, we're trying to 16 do this in a -- in a manner in which Mr. Segovia down in San 17 Antonio doesn't have hypertension. 18 COMMISSIONER WILLIAMS: Let me add another little 19 factor here before the discussion. It would be the intention 20 -- my intention to notify all the property owners of lowering 21 the lake and so forth and what we're going to be doing, all 22 the property owners on the Bandera Highway side or south side 23 of the lake. As a matter of courtesy, I went to Comanche 24 Trace and visited with Mr. Trevor Hyde after our meeting the 25 other day -- which I think was Thursday, right? -- at Road 9-14-09 50 1 and Bridge, to advise him of what we've been doing -- what we 2 were planning to do, as I have advised him on previous 3 occasions informally, and at this particular time to ask 4 permission for us to have access to the dam for the purposes 5 of pulling the plug, basically, through his property, which 6 -- which is on the Bandera Highway side in the vicinity of 7 the dam, and Trevor was very gracious in giving us that 8 permission. And then they sent a letter of concern, which, 9 Judge, he -- and Mr. Hyde is in the audience today, and he 10 may wish to speak to this whole issue. But that's all part 11 of the notifications and so forth, so property owners know 12 what we're doing, when we're doing it. And when we're doing 13 it is from October 1 through January 31, essentially, and 14 we'd let the water rise back -- put the plug back in, let the 15 water level rise back up so that we don't affect the fish 16 spawn and so forth in February. 17 COMMISSIONER LETZ: What -- do we know what level 18 the plug inside -- in other words, how much water will be in 19 the lake after the plug is pulled? 20 COMMISSIONER WILLIAMS: We're going to send -- 21 Bruce has arranged to send the divers -- diving team down 22 that removed the plug at Ingram for just that purpose, 23 Commissioner, to determine exactly where it is, you know, how 24 much debris is around it down below, and at that extent we 25 can determine how far up off the bottom that intake is. 9-14-09 51 1 COMMISSIONER OEHLER: Generally, somewhere between 2 6 and 8 feet, kind of like it is at Ingram. I believe it's 3 about the same level. I talked to Doug Hill, who is doing 4 the diving, same guy that did it in Ingram, and he's already 5 been down and kind of done a preliminary evaluation of what's 6 there. He said it's the same thing that we had at Ingram, 7 with the exception of a few truck tires around that got in 8 the way, but that it's just basically silt and sticks and 9 stuff that are built up over the plug. He's already done 10 that and is ready to proceed here -- I believe the week of 11 the 21st is when he's thinking about doing the diving, and 12 start pumping that mud away from the ball so we can get it 13 out. 14 COMMISSIONER WILLIAMS: We need to determine that, 15 and that -- and there's another meeting scheduled to discuss 16 this and Mr. Hyde's letter, and he and his people will be at 17 this meeting scheduled for 10 o'clock Tuesday morning in 18 Leonard's conference room. And we need to determine, you 19 know, what level -- where is that outflow pipe. 20 COMMISSIONER OEHLER: Right. 21 COMMISSIONER WILLIAMS: Because there are -- 22 Comanche Trace has concerns with respect to protecting its 23 intake structure on the south side of the lake, so we need to 24 be cognizant of that and determine what the -- 25 COMMISSIONER OEHLER: Part of the problem is, we 9-14-09 52 1 just don't have the knowledge, because it hasn't been done in 2 so long. The last time it was drained was, what, 25 years 3 ago or longer, Buster? 4 COMMISSIONER BALDWIN: Long time ago. 5 MR. ODOM: Long time ago. 6 COMMISSIONER OEHLER: So, we really don't -- nobody 7 on this Court, that I'm aware of, has any knowledge of what 8 that's going to look like when it's drained. So, this will 9 be a learning experience, and it will also give some 10 knowledge for the future, what needs to be done. And I've 11 also contacted the research station at Mountain Home about 12 the possibility of removing a large amount of fish and 13 holding them in their tank -- their lakes until such time 14 that we can put the water back in, because we don't know 15 where the reservoirs are going to be and how deep some of 16 those are going to be, and -- you know, in that lake location 17 when it's drained. There will be some, but we don't know 18 where. 19 COMMISSIONER WILLIAMS: I might add, for the 20 Court's benefit, that part of the plan is to remove the 21 material and sell it by the cubic yard, and the proceeds from 22 that removal and sale will go toward the anticipated repair 23 of both Ingram and Flat Rock Lake Dams next year. Those are 24 moneys that will be applied for that purpose. 25 COMMISSIONER LETZ: And cover the cost? Will it 9-14-09 53 1 also be applied to cover the cost? 2 COMMISSIONER WILLIAMS: Of this? Yes. 3 COMMISSIONER OEHLER: Yes. 4 COMMISSIONER WILLIAMS: Yes, of course. 5 COMMISSIONER OEHLER: The rental of the big 6 excavator. 7 COMMISSIONER WILLIAMS: What I'm talking about is 8 net proceeds after expenses. 9 COMMISSIONER LETZ: Leonard, do you anticipate 10 renting a six-wheel dump truck as well, a large six-wheel 11 dump truck, all-terrain dump truck? I would -- we've done 12 some of this on a lot smaller scale, and I would highly 13 recommend that. I mean, they're expensive, but you're going 14 to -- it's -- you're going to get really bogged down and make 15 an excavator work a whole lot quicker. 16 MR. ODOM: If it is like Ingram, that may be 17 feasible. I'm just not quite sure. Talking this morning to 18 some of the men that have been around the last time it was 19 done, they're sort of leery about where that hardpan's at. 20 It could be very deep. So, a six-wheel truck could -- 21 COMMISSIONER LETZ: Depends on how soft the bottom 22 is. 23 MR. ODOM: Depends where I find that bottom at. 24 This is going to be -- I know nothing about it. We have 25 never done anything, so it'll be -- it'll be interesting. 9-14-09 54 1 COMMISSIONER OEHLER: It's going to be an 2 experience, but I think it's going to be a good one. And 3 it's a good cause; it needs to be done. This thing is -- you 4 know, we can do a lot of their improvements in the future for 5 access to -- you know, have river access that's nice, and not 6 when you step off the bank and you sink up to here in mud, 7 you know. It's just not a very good experience. 8 COMMISSIONER LETZ: There -- I'll visit with you 9 later. You may want to look at crane mats also. 10 MR. ODOM: Pardon me? 11 COMMISSIONER LETZ: Crane mats. 12 MR. ODOM: Well, -- 13 COMMISSIONER LETZ: You can -- 14 MR. ODOM: -- we had some, and I had some mats that 15 I got -- 16 COMMISSIONER LETZ: You can get them used in 17 Houston; they're pretty cheap. And, you know, they're -- 18 we've used them on, obviously, a smaller scale. 19 MR. ODOM: That may be what we do, you know, to 20 spread it out. Maybe we could have -- 21 COMMISSIONER LETZ: Help us figure out how to get 22 the stuff out of there, you know, without having to track -- 23 MR. ODOM: If it's not there, then it's 17 feet 24 down. That's hardpan for the drilling and all. 25 COMMISSIONER OEHLER: It will be an interesting 9-14-09 55 1 experience, but I believe it's one that we need to do. And I 2 think we can -- 3 MR. ODOM: We'll use a 345, is what I'm thinking, 4 with a 5-yard bucket, so that will load a lot of trucks if -- 5 if there's hardpan, and if it's not, then maybe that one 6 truck will get up -- up above, and it depends how many trucks 7 we got. But if we can swing it with a 345, that excavator 8 will be right in there and we can dig a lot of material, if I 9 can get them out of there. 10 COMMISSIONER OEHLER: 5-yard bucket will dig a lot 11 of material. 12 MR. ODOM: A lot of material. 13 COMMISSIONER LETZ: A lot of material. 14 COMMISSIONER WILLIAMS: Commissioner Letz, one of 15 the items we left unresolved, as a recommendation, basically, 16 was what will be a reasonable charge for this material by 17 cubic yard? Now, we defer to you, because we know you use 18 stuff like this and have that experience. We've been all 19 over the lot; 2.00, 2.50, 3.00, 3.50, and up to 4.00, but we 20 haven't decided what that number should be. 21 COMMISSIONER LETZ: I think you have to look at the 22 material, and you need to really see -- it may be -- it's one 23 of those things; if it's, you know, good material, like I 24 would anticipate it is, I'd say 3.50, 4.00 is appropriate for 25 that. If someone -- it may also be appropriate to contract 9-14-09 56 1 out with one person, let them bring in a screen -- a power 2 screen, screen it, and then be able to increase -- that way, 3 that person could, you know, be getting rid of it and raising 4 -- and pay for the screen, basically, by charging a higher 5 price for it. If it's screened, the good material can go 6 probably for, really, you know, $12 a yard, and then the -- 7 the other part can go for fill. You really got to look at 8 it, and it depends on how compacted is it going to be? How 9 sloppy is it when it comes out? And that's going to depend 10 largely on how long does it take for it to be -- so you can 11 do anything with it? 'Cause it's going to be pretty sloppy. 12 MR. ODOM: Pretty sloppy. 13 COMMISSIONER LETZ: But, you know, I'll be glad to 14 visit -- I might get one of my guys to stop by and visit with 15 Leonard that does this for us, and kind of the problems we've 16 found when we do it. 17 MR. ODOM: Has to be incentive. 18 COMMISSIONER OEHLER: We want to get rid of the 19 stuff. We want people to come get it. 20 MR. ODOM: Has to be incentive for people to 21 come -- want to come in there, Judge. 22 COMMISSIONER WILLIAMS: Judge, Mr. Hyde may want to 23 speak to this issue. 24 JUDGE TINLEY: Are we about through with this 25 discussion? Mr. Trevor Hyde from Comanche Trace is here. 9-14-09 57 1 We appreciate your interest in this project. And my 2 understanding is, your primary concern is the location -- the 3 level at which you draw water out, relative to the level of 4 what the lake's going to be when that plug's drawn, as to 5 whether or not you're going to be able to actually pull any 6 water. Is that basically the bottom line? 7 MR. HYDE: That's the primary concern, that we're 8 10 feet below the lake level. We measured it Friday. I'm -- 9 I appreciate Bill coming by and giving me heads up on 10 Thursday, and we believe that the plug's about 2 to 4 feet 11 below that. We'll see once they come in and divers go down 12 and look at it. But before pulling the plug, we'd like to 13 know where it is. And one thing I keep hearing is that, 14 "We've never done this before. We're not sure. We haven't 15 talked to the agencies that are involved." I have. So, it's 16 pretty easy to get ahold of John Paul Jones, the Deputy 17 Watermaster. He told us, Comanche Trace, that he would not 18 approve to have the plug pulled. We're in a drought. The 19 people downstream, once you pull the plug, no one else is 20 getting water. Y'all are saying four months. 21 Our company has 1926 water rights. We use -- about 22 85 percent of the water on our golf course is treated 23 effluent from the city. The other 15 percent comes out of 24 that river. We have a $200 million tax base to the county; 25 generates about a million dollars a year in actual taxable 9-14-09 58 1 revenues to the county. I think y'all need to consider your 2 options. I think you need to talk to the agencies. I think 3 you need to talk -- I talked to the City Manager; he wasn't 4 aware of this either. The City has a park as well. There's 5 property owners on the lake, and I think all those things 6 need to be considered so y'all can make an educated decision 7 on what's in the best interest for everyone, not just the 8 county. There's other people there. A floating dredge is 9 used in a lot of other lakes. We have some vendors; we'll be 10 happy to supply names and contact numbers so y'all can get 11 bid proposals on that. That would leave the lake up and 12 running. That wouldn't cause us any impact, wouldn't cause 13 the City or property owners or taxpayers the use of the lake. 14 I think there's a lot of things that need to be -- get 15 considered before y'all can make an educated decision. Be 16 happy to answer any questions from our end. 17 COMMISSIONER WILLIAMS: I have a call in to the 18 City to advise them, and we haven't made any contact, but 19 certainly -- 20 MR. HYDE: I talked to the City Manager on Friday, 21 and -- or Thursday or Friday, after I talked to you, and it's 22 just a short notice. Y'all are talking about making a 23 decision in two weeks and shutting the lake down, pulling the 24 plug, and no one even has talked to permit people. No one -- 25 and, Bill, I support you; you've done a great job, and I 9-14-09 59 1 support what -- everything y'all do, and we're willing to 2 help out and offer our property or do anything we can. But, 3 you know, again, we have an operating entity out here that 4 y'all are talking about crippling for -- and y'all estimate 5 four months. I've seen these projects go on, and sometimes 6 it takes eight months. 7 COMMISSIONER OEHLER: How much water do you use, 8 the 15 percent out of the lake in conjunction with the 9 85 percent every time you water? 10 MR. HYDE: 85 percent is treated effluent; goes on 11 the golf course. Our greens have a fresh water loop, which 12 is from our 1926 water rights. 13 COMMISSIONER OEHLER: That comes from the -- 14 MR. HYDE: Dedicated water. Fresh water. 15 COMMISSIONER OEHLER: Right, I understand. I 16 understand about dedicated rights. 17 MR. HYDE: And that's dedicated on the golf course, 18 what I'm saying, for fresh water only. So, what happens is, 19 if y'all cut that and pull that plug and we're below that, 20 then all of a sudden we don't have water coming in, and so, 21 you know, that amount of water, whether that's 50,000 or 22 200,000, whatever, gallons a day, we're zero. And -- 23 COMMISSIONER OEHLER: Depends on what -- you know, 24 depends -- there's a lot of variables in that, and there's a 25 lot of concessions that could be made to rechannel that 9-14-09 60 1 water. 2 MR. HYDE: Right. 3 COMMISSIONER OEHLER: You can extend your -- your 4 suction down lower and divert the water into there where it 5 wouldn't affect you. 6 MR. HYDE: Right, that's what I'm saying. Seems 7 like there's a lot of options that need to get looked at. 8 When I hear the guys saying, "We've never done that before," 9 not sure where the bottom is, taking equipment, have you 10 looked at a floating dredge? Have you looked at other 11 alternatives and everything? What's the expense? What's the 12 revenue factors, you know? Instead of, in two weeks, saying, 13 "Hey, we're going to shut the lake down." 14 COMMISSIONER OEHLER: Well, we're -- you know, the 15 message in the madness is, we're trying to generate revenue 16 rather than spend tax dollars. 17 MR. HYDE: I'm hearing that clearly. But you need 18 to remember that Comanche Trace -- 19 COMMISSIONER OEHLER: That's a consideration. A 20 couple million dollars to dredge that thing that we don't 21 have. 22 MR. HYDE: Comanche Trace generates, since I've 23 been here, and right now currently, a million dollars a year 24 estimated annually to the city. 25 COMMISSIONER OEHLER: But that's not -- that's all 9-14-09 61 1 part of our maintenance and operation money. 2 MR. HYDE: I -- clearly, I respect that. But I 3 also know that -- I've been told what the County expense is 4 at Comanche Trace. (Made a hand gesture indicating zero.) 5 COMMISSIONER OEHLER: That's great. 6 MR. HYDE: I'm just saying let's look at some 7 options, gentlemen. 8 COMMISSIONER WILLIAMS: We'll explore those 9 options, and if you'd be so good as to provide us with the 10 information that you referenced a minute ago about alternate 11 methods and so forth, we'll examine those. We'll examine 12 those within the context of the funding we have available to 13 get this project underway, and be prepared to talk about 14 those at a meeting on Tuesday. 15 MR. HYDE: Yeah. Look forward to meeting tomorrow 16 morning. 17 JUDGE TINLEY: Mr. Hyde, obviously, none of this 18 project is going to go forward without the appropriate 19 discussions and concurrence with the state agencies having 20 jurisdiction and the required permits being obtained. And we 21 appreciate your input and any information that you can 22 provide with regard to what your needs are going to be to -- 23 to provide for your ongoing operations. Certainly, we don't 24 want to do anything that's going to jeopardize that. You're 25 a valuable asset to this county, and we want you to grow and 9-14-09 62 1 be successful. And I know you're going to continue to 2 participate in these meetings, and let's take a look at what 3 other options are available and how we can get this 4 accomplished at the least cost to the taxpayers, and make 5 sure that everybody's rights are protected. 6 MR. HYDE: I appreciate it. Thank you. 7 COMMISSIONER LETZ: A couple comments. One of the 8 things I think would be helpful to get from you is, the 9 timing of this is to go into a time of the year when I 10 anticipate you use a lot less water. 11 MR. HYDE: Right. 12 COMMISSIONER LETZ: So, you know, hopefully 13 that's -- you know, obviously, we wouldn't want to do this in 14 the middle of the summer, when your intake's -- 15 MR. HYDE: I wish I had that crystal ball. But if 16 you're going to ask me, I can tell you -- 17 COMMISSIONER LETZ: We don't know. And, certainly, 18 the fact we had some rain doesn't mean the drought's over. 19 Certainly, it's helped. The river flow is up quite a bit, 20 which changes a lot what T.C.E.Q. might have said a couple of 21 days ago. Flow is probably going to pick up a little bit. 22 The other part of it is, at least issue a notice, and not 23 necessarily to you. If the City Manager says he doesn't 24 know, well, then he should maybe look at our agenda. We have 25 discussed this on numerous occasions. 9-14-09 63 1 COMMISSIONER OEHLER: A lot of times. 2 COMMISSIONER LETZ: For at least six months, there 3 has been a discussion of that dam, that lake, and this plan. 4 So, you know, did we give a specific notice? No, we didn't 5 have it on our agenda to do that. That's what the purpose is 6 today. 7 COMMISSIONER WILLIAMS: Well, it will be -- 8 MR. HYDE: I hope the communication between the 9 County and the City, or from either, vice-versa, is good. 10 I'm not -- it's a Kerr County -- 11 COMMISSIONER LETZ: I'm just saying, so the public 12 can be aware, this isn't like we just put on it the agenda 13 today. This has been discussed as agenda items previously. 14 MR. HYDE: Bill brought it to me a couple weeks 15 ago -- three weeks ago, and just in a verbal deal at a lunch 16 deal, and came to my office on Thursday saying it's on the 17 agenda on Monday. I didn't know anything. I don't see any 18 other property owners here. 19 COMMISSIONER LETZ: And that's fine. The fact that 20 it's on the agenda -- it was discussed, but no action. This 21 is the first action item. And I think that, you know, it may 22 be -- the time period may be rushed a little bit. It may 23 mean that we go pull the plug, look at it, and then plug it 24 again, and then go back and do it again. I mean, Ingram 25 Lake, it has taken a couple of times to do this. We may go 9-14-09 64 1 out there, do a test -- do a test case -- 2 MR. HYDE: If it takes a lot longer than what's 3 estimated, it puts us in -- if we're in a drought, that puts 4 us in a big problem. 5 COMMISSIONER LETZ: An option may go be to go in 6 there, work for two months. Maybe it gets postponed a little 7 bit. See what happens. Get the material -- some material 8 out, and then have a plan for another future year. I did a 9 calculation. We're talking about 200,000 yards of material, 10 minimum. That's very conservative, the material in that lake 11 that needs to come out. It does need to come out for the 12 benefit of everybody, including, I think, y'all's facilities. 13 So, I think that, you know, it's a project that needs to be 14 done, but I agree, we don't need to rush it. 15 MR. HYDE: Maybe some of the other property owners 16 might want to get in and dredge at the same time or whatever, 17 so collectively there's better use of that, versus just the 18 county property. 19 JUDGE TINLEY: Your point about communication is 20 well-taken. It can always be better, and we all need to work 21 on that. 22 MR. HYDE: Thank you. 23 JUDGE TINLEY: Thank you. Let's go to our 24 10 o'clock timed item that we've run over -- our first 25 10 o'clock timed item. 9-14-09 65 1 COMMISSIONER LETZ: Judge, before we do that, do we 2 need to take any action on any of these? 3 COMMISSIONER WILLIAMS: Well, -- 4 JUDGE TINLEY: Excuse me. 5 COMMISSIONER WILLIAMS: -- I think we ought to. 6 JUDGE TINLEY: Yeah. 7 COMMISSIONER WILLIAMS: Unless the Court is not in 8 favor of moving forward. I think we need to take action on 9 them. 10 JUDGE TINLEY: Your point's well-made, 11 Commissioner. 12 COMMISSIONER WILLIAMS: Item 18 is to 13 appropriate -- to approve the closure of Flat Rock Lake 14 effective October 1, 2009. And let me say that that's the 15 date we set. It's a date, but it can be altered based on 16 circumstances. And we also realize that even though we may 17 begin the process of lowering the lake level somewhere in 18 that time frame, it's going to take a long -- probably a 19 month before any other activity takes place. 20 COMMISSIONER LETZ: Commissioner, I mean, I think 21 the -- you know, what I would like is -- I don't know if we 22 need to approve Item 18 or not, but for you to proceed and 23 come back on the 24th with a definite plan and what these 24 state agencies have said. Mr. Hyde has said that the 25 Watermaster has some reservations. 9-14-09 66 1 COMMISSIONER WILLIAMS: He may. 2 COMMISSIONER LETZ: He may. I think we need to 3 have all of those things on the table, so I think we need to 4 proceed with notifications to state agencies and local people 5 and get it on their agenda to do the actual closure. 6 COMMISSIONER WILLIAMS: We can do it that way. We 7 can continue our meetings and -- and send out the 8 notifications. Watermaster's going to be in control. If he 9 says no, it's no. And so we can do that and bring it back on 10 the 24th, whatever the Court's -- 11 MS. GRINSTEAD: 28th. 12 COMMISSIONER LETZ: I don't really see how -- you 13 know, I'm not a watermaster, but how this really affects the 14 flow of the river. It will increase the flow for a short 15 period of time, as long as -- 16 COMMISSIONER OEHLER: It will continue to be 17 essentially the same. 18 COMMISSIONER LETZ: Anyone that's drawing water 19 out, like Comanche Trace, the intake can be adjusted to be 20 accommodated. It shouldn't change anything on the flow of 21 the river, other than increase it while the lake's drained. 22 COMMISSIONER WILLIAMS: Momentary increase -- or 23 periodic increase, and then it goes back to normal. 24 MR. HYDE: Who owns the water in the river? 25 COMMISSIONER LETZ: State of Texas. 9-14-09 67 1 MR. HYDE: Right. So, the water is U.S. 2 controlled, right? So, if you want to change or alter the 3 water and flows and all that, you'll have to get approval 4 first, right? 5 COMMISSIONER LETZ: Except you can't change the 6 flow, and it's not changing. It might increase the flow. 7 The flow isn't going to change. The Watermaster's going to 8 require, during fill-up of the lake and during draining of 9 the lake, that water rights are met, and the river -- we 10 can't just stop the flow of the river. At Ingram we didn't 11 stop the flow of the river. 12 MR. HYDE: So -- I'm just asking a question about 13 what you were saying. So, it seems appropriate, right, if we 14 could get approvals before setting a date to do something 15 with the lake? 16 COMMISSIONER LETZ: That's right. That's what 17 we're doing, I think. Then the other items, I think, really, 18 all of them can be researched a little bit further. We don't 19 need to take any action right now. 20 COMMISSIONER BALDWIN: Let's just hold off. 21 COMMISSIONER WILLIAMS: We'll continue our 22 meetings, send out notifications, and come back. 23 COMMISSIONER BALDWIN: I thought we were in 24 control, and that lasted what, 30 minutes? 25 COMMISSIONER WILLIAMS: Never know, do you? 9-14-09 68 1 COMMISSIONER OEHLER: Been busted back, Buster. 2 COMMISSIONER BALDWIN: I know. 3 COMMISSIONER WILLIAMS: We'll return. 4 JUDGE TINLEY: Anything else on those items? Okay. 5 Now let's go to our timed item for 10 o'clock. At this time, 6 I will recess the Commissioners Court meeting and I will 7 convene a public hearing on the proposed Kerr County 2009 tax 8 rate. 9 (The regular Commissioners Court meeting was closed at 10:23 a.m., and a public hearing was held in 10 open court, as follows:) 11 P U B L I C H E A R I N G 12 JUDGE TINLEY: The tax rate -- proposed tax rate 13 for 2009 for Kerr County is .4293, that being 42 and 93/100 14 cents per $100 valuation, which is comprised of 39.71 for the 15 Kerr County portion, and the lateral roads being 3.22 cents, 16 for the total of 42.93. I would point out that this rate is 17 the same tax rate that was in effect for the year 2008. With 18 that introduction, is there any member of the public or the 19 audience that wishes to be heard with respect to the Kerr 20 County 2009 tax rate? Yes, sir. Please come forward and 21 give us your name and address, and -- and give us your input 22 with regard to this matter. 23 MR. ROBERTSON: Commissioners, my name is David 24 Robertson. I live at 511 Winged Foot Lane in the city of 25 Kerrville. I just wanted to ask a question, Your Honor. Are 9-14-09 69 1 you saying that the tax rate will remain the same, or will it 2 be going up? 3 JUDGE TINLEY: Tax rate is -- the proposed tax rate 4 is the same tax rate as we had the previous year. 5 MR. ROBERTSON: Oh. Because I thought I read in 6 the paper that it was going to be raised, and that's why I 7 was here. 8 JUDGE TINLEY: Well, you know, in the interest of 9 transparency, state statutes have dictated that we publish -- 10 actually, we weren't required to hold this public hearing. 11 We're holding it to give the citizens an opportunity. It's 12 only in the event you increase your tax rate where it is 13 above certain other benchmarks that you're required to hold a 14 public hearing. Ours is not exceeding any of the -- any of 15 the benchmarks by state statute. But in the interest of 16 transparency, the state has had us do all these other 17 calculations, and frankly, it's very, very confusing to me, 18 and everybody else. And so it gives the appearance that 19 maybe we're raising the tax rate, but the proposed tax rate 20 is not an increase. 21 MR. ROBERTSON: Thank you. Then I have nothing 22 more to say. 23 JUDGE TINLEY: Thank you, sir. Thank you. Anybody 24 else that's been gripped by confusion? Anybody else wish to 25 be heard with regard to the 2009 Kerr County tax rate? If 9-14-09 70 1 not, I will close the public hearing, and I'll convene a 2 public hearing with regard to the County Clerk's annual 3 archival plan. 4 (The public hearing was concluded at 10:25 a.m., and a second public hearing was held in open court, 5 as follows:) 6 P U B L I C H E A R I N G 7 JUDGE TINLEY: Is there any member of the public 8 that wishes to be heard with respect to the County Clerk's 9 annual archival plan? 10 (No response.) 11 JUDGE TINLEY: Seeing no one seeking to be 12 recognized or coming forward, I will close the public hearing 13 on the County Clerk's annual archival plan, and I will open a 14 public hearing slated for 10:10 a.m. to establish the 15 District Clerk Technology Fund. 16 (The public hearing was concluded at 10:25 a.m., and a third public hearing was held in open court, 17 as follows:) 18 P U B L I C H E A R I N G 19 JUDGE TINLEY: Is there any member of the public 20 that wishes to be heard with respect to the establishment of 21 the District Clerk's Technology Fund? 22 (No response.) 23 JUDGE TINLEY: Seeing no one coming forward, I will 24 close the public hearing with respect to the District Clerk 25 Technology Fund, and I will reconvene the Commissioners Court 9-14-09 71 1 meeting. 2 (The public hearing was concluded at 10:26 a.m., and the regular Commissioners Court meeting was 3 reopened.) 4 - - - - - - - - - - 5 JUDGE TINLEY: Let's quickly take Item 8, if we 6 might; consider, discuss, and take appropriate action to 7 approve the County Clerk's archival plan as submitted. 8 Ms. Pieper? 9 MS. PIEPER: Gentlemen, since 2003 we have had an 10 archival fee not to exceed $5 on all of our recordings and 11 filings, and once a year I am required to submit a written 12 plan. And this -- this year's written plan, what I would 13 like to do is to contract with the company to scan my books, 14 records, documents, as I have in the past. And instead of 15 piecemealing them, you know, a little bit this year, a little 16 bit this year, a little bit the next year, I would like to 17 contract with them to do a large majority of them, and pay 18 them out over a four- or five-year period. 19 COMMISSIONER LETZ: And that's your plan? 20 MS. PIEPER: That is my plan. And out of budget 21 this year, I would like to request $80,000. And that money 22 is the dedicated money that comes in for this year. 23 JUDGE TINLEY: Is that what's already been vetted 24 in connection with the budget workshop that's -- 25 MS. PIEPER: Yes. 9-14-09 72 1 JUDGE TINLEY: Budget workshops that we've held? 2 MS. PIEPER: Yes. 3 COMMISSIONER LETZ: I move approval of the archival 4 plan presented by the District Clerk -- I mean County Clerk, 5 excuse me. 6 COMMISSIONER OEHLER: Second. 7 JUDGE TINLEY: Motion made and seconded as 8 indicated. Question or discussion on the motion? All in 9 favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. Thank you, 14 ma'am. 15 MS. PIEPER: Thank you. 16 JUDGE TINLEY: We'll go to our 10:15 item now; it's 17 a bit past that now. Consider, discuss, and take appropriate 18 action to authorize and/or approve preliminary planning, 19 evaluation, and initial construction aspects and procedures 20 of proposed Law Enforcement Annex/Adult Probation building. 21 I put this on the agenda to go to the next steps, as it were, 22 of the proposed structure that we've got out for the Law 23 Enforcement Center, for the building for the Adult Probation 24 and Sheriff's Department annex for their administrative 25 people. I asked the County Attorney to provide a -- from a 9-14-09 73 1 legal standpoint, what the -- what the next steps are. I 2 think each of you have been given a copy of that with regard 3 to new construction, which, of course, is what we're dealing 4 with. The first item would be for the approval of either 5 issuance of an RFP for architectural services, or to approve 6 an order for the exemption from competitive bidding pursuant 7 to the provisions of Section 262.024, Subsection (4), 8 inasmuch as we're dealing with professional services. 9 That's of the Local Government Code? 10 MR. EMERSON: Yes, sir. 11 JUDGE TINLEY: Okay. Also, I've asked to be here 12 today Mr. Peter Lewis, who has been working with us on the 13 project to this point. Mr. Lewis, if you'll come up, there's 14 probably going to be some questions for you. I've asked 15 Mr. Lewis to be here today in order to give us kind of a 16 go-forward chronology of what he sees as the next step to 17 move this project forward. So, the County Attorney's 18 provided us with the legal. You tell us what it is to start 19 -- start getting the job done. What are the next steps, -- 20 MR. LEWIS: Very good. Good morning. 21 JUDGE TINLEY: -- in your estimation? 22 MR. LEWIS: Judge, Commissioners, we've already 23 been engaged with the Commissioners Court and with the Judge 24 in preliminary planning for what is approximately about a 25 13,600 square foot building on Clearwater Paseo to be used by 9-14-09 74 1 the Sheriff's Office and Adult Probation. We have a 2 conceptual plan that I think has been reviewed and generally 3 blessed. The next stages -- steps would be to execute 4 technical documents, construction documents that could be 5 prepared for bidding and general construction. In the course 6 of that process, we have -- and this would go through the 7 City of Kerrville for permitting. There is a site 8 development plan process that we would -- that we would enter 9 into, and we have put together a team of consultants who have 10 given us an idea of what the process would be from their 11 perspective, their fees and the time schedule to do that. 12 We would -- so, in short, we would execute 13 construction documents for bidding and permitting, and then 14 we would assist the County in soliciting competitive bids 15 from general contractors. We would help you evaluate those 16 bids and help in the selection of that, and once a general 17 construction contract has been approved, we would be the 18 County's agent during construction to monitor construction 19 and make sure that all the work was done in compliance with 20 the documents. Scope of the work includes the building I 21 described and some additional parking on-site, parking on 22 Clearwater Paseo, and behind the proposed building, as well 23 as modifications to the detention pond that is out there. We 24 will be displacing -- we'll be -- we propose to locate the 25 building on the edge of the existing detention pond. And 9-14-09 75 1 there has been general construction in the area on Schreiner 2 University campus, as well as -- as well as across Clearwater 3 Paseo, that will take some analysis of the -- how that 4 construction has impacted that existing detention pond's 5 capacity. So, that would be the process. 6 COMMISSIONER LETZ: Judge -- and I may have fallen 7 asleep during one of our meetings; I can't remember, but we 8 haven't hired Peter Lewis yet, have we? 9 JUDGE TINLEY: We hired him to do preliminary. 10 MR. LEWIS: Right. 11 JUDGE TINLEY: We hired him to do preliminary, and 12 that's what he's done to this point. And as part of the -- I 13 suppose part of the preliminary is what's it going to do to 14 -- what's it going to take to make this a permanent, 15 go-forward type project. 16 COMMISSIONER LETZ: So, the first step is to hire 17 an architect, which Mr. Lewis may be... 18 MR. LEWIS: That is -- yes. 19 COMMISSIONER LETZ: And then the next step -- 20 MR. LEWIS: I am an architect. 21 COMMISSIONER LETZ: I'm aware. (Laughter.) 22 COMMISSIONER BALDWIN: Does that architect then go 23 to the City to get the permits? 24 COMMISSIONER LETZ: I don't know. The architect -- 25 I think that's part of the scope of work that has to be 9-14-09 76 1 developed as to what the role of that architect is. I mean, 2 obviously, I don't -- I don't know if, generally, contractors 3 can do that, or architect. Whoever does it, someone has to 4 do it on the County's behalf, or we have to do it in-house. 5 And then I think the -- you know, I think we need to look at 6 the contract with the architect, whoever that is, figure out 7 exactly what we want that architect to do in this situation. 8 I think that there are other options that we can do through 9 construction management and some of that other stuff, but to 10 me, I would agree with what's written here. This type of 11 building, I think the County's going to be better off hiring 12 an architect designing and putting it out for bid rather than 13 do some of these other more complicated processes. 14 JUDGE TINLEY: That's been my thinking from the 15 beginning, Commissioner. 16 COMMISSIONER LETZ: At least the nature of this 17 building. If you're doing a school, a lot of times, or 18 something like that, then other options are better, but this 19 is a pretty simple building. I think we're going to get a 20 far better bang for our buck putting this thing out for bid. 21 I think there will be a lot of interest in this building. 22 So, under the agenda item, what we need to do is authorize 23 preparation of an RFQ for an architect. 24 COMMISSIONER BALDWIN: Well, what does this here 25 say from Rex, this little piece of paper here? It says, 9-14-09 77 1 approve issuing RFP for architect, or pass an order for 2 exemption from competitive bidding -- 3 JUDGE TINLEY: Do you want to -- 4 COMMISSIONER BALDWIN: -- under professional 5 services. 6 JUDGE TINLEY: I'm sorry. 7 MR. EMERSON: It's -- basically, it's the Court's 8 option. Your normal bidding procedures under -- I think it's 9 262.023, state that everything is going to be bid out; 10 everything is going to be issued for RFP or RFQ. Under 11 262.024, Subsection (4), because it's a professional service, 12 it does give the Court the option to bypass the bidding 13 procedure and essentially just choose a professional to 14 represent them in a limited capacity like that. 15 JUDGE TINLEY: And then we can go forward with 16 negotiation for the scope of work and the fees to be charged? 17 MR. EMERSON: Correct. And then, if, you know, 18 Mr. Lewis is not reasonable on his fees, then we can come 19 back and pick somebody else. 20 COMMISSIONER OEHLER: Pick somebody else. 21 COMMISSIONER BALDWIN: I'm certainly in favor of 22 passing an order and exempting us from the competitive 23 bidding. 24 COMMISSIONER LETZ: Is our agenda item styled -- 25 COMMISSIONER BALDWIN: It gets us down the road 9-14-09 78 1 faster. 2 JUDGE TINLEY: Good point. 3 COMMISSIONER LETZ: I agree with that. Can we do 4 that under the agenda item? 5 MR. EMERSON: I think so. 6 COMMISSIONER BALDWIN: I move that we -- what do we 7 do? Ask for an exemption, or we declare an exemption? 8 What's the verbiage? Exempting ourselves from competitive 9 bidding under professional -- under 262.024(4). 10 JUDGE TINLEY: We engage in negotiations with 11 Mr. Peter Lewis and Associates to provide a scope of work and 12 a proposed schedule of fees for architectural services in 13 connection with the listed project. 14 COMMISSIONER BALDWIN: Second. (Laughter.) 15 JUDGE TINLEY: Was that a motion, Commissioner? 16 COMMISSIONER BALDWIN: Absolutely, that was my 17 motion. Don't you feel better? 18 MR. LEWIS: I like that. Moved and seconded. 19 COMMISSIONER LETZ: Second. 20 JUDGE TINLEY: We have a motion and a second. 21 Further question or discussion on that motion? Commissioner, 22 you make very, very great motions. 23 COMMISSIONER BALDWIN: Absolutely. 24 MR. LEWIS: Articulate. 25 COMMISSIONER BALDWIN: Tight. 9-14-09 79 1 JUDGE TINLEY: Any further question or discussion? 2 All in favor of the motion, signify by raising your right 3 hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. 8 COMMISSIONER BALDWIN: You may think I've had some 9 law training on some of this stuff. 10 MR. LEWIS: You had me going there. Judge, I 11 assume that we will -- you and I will be in conversation 12 about that. 13 JUDGE TINLEY: Absolutely. 14 MR. LEWIS: How to execute on the directive from 15 the Court here. 16 JUDGE TINLEY: Absolutely. We will begin to move 17 forward as fast as we can. 18 COMMISSIONER LETZ: So -- 19 JUDGE TINLEY: We appreciate your accommodation. 20 MR. LEWIS: I appreciate y'all. Thank you. 21 COMMISSIONER LETZ: So, we can have a -- how long 22 do you anticipate to get a contract back before the Court? 23 JUDGE TINLEY: I think we can get something back 24 fairly quickly from Mr. Lewis. 25 MR. LEWIS: I need to get with the Judge and Rex. 9-14-09 80 1 COMMISSIONER LETZ: So, at our next meeting, we 2 hopefully can approve a contract. How long -- based on your 3 familiarity with the project, how long to get bid documents? 4 MR. LEWIS: I think probably six to eight weeks. 5 COMMISSIONER LETZ: Six to eight weeks. 6 MR. LEWIS: The engineering -- probably the site 7 engineering piece and then the mechanical, electrical, 8 plumbing and the office bid out, so it's a pretty 9 straightforward deal. We're acting on that conceptual plan; 10 it's pretty straightforward, and we'll get our team to do it. 11 I understand that time is of the essence. I understand the 12 compelling reasons to move forward, so we'll get our team to 13 act on it, and we're -- we appreciate the work. 14 JUDGE TINLEY: Okay. Anything else on that item? 15 Thank you. 16 MR. LEWIS: Thank you. 17 JUDGE TINLEY: Let's go to -- we've got a 10:30 18 item, Item 17; consider, discuss, take appropriate action 19 regarding request for proposal of a telephone system for the 20 County Courthouse. I assume you're seeking authority to seek 21 requests for proposals for a new system as outlined in the 22 agenda item? 23 MR. TROLINGER: That is correct. Essentially, 24 Judge, we're in contact with three vendors. We're going to 25 request those vendors to give us proposals. Additionally, 9-14-09 81 1 I'd like to post the notice -- the request for proposal on 2 the notices page on the county web site. 3 COMMISSIONER WILLIAMS: So, you want approval to 4 issue an RFP? 5 MR. TROLINGER: Yes, sir. 6 COMMISSIONER WILLIAMS: So moved. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: Motion made and seconded as 9 indicated. Question or discussion? 10 COMMISSIONER LETZ: And this will -- you'll 11 coordinate this with the County Attorney? And they usually 12 go through -- the Auditor should be involved with this. I'm 13 not sure how our new process is -- I mean, we need to make 14 sure we're following the law. 15 MR. TROLINGER: Naturally, the County Attorney will 16 be involved. 17 (Low-voice discussion off the record.) 18 JUDGE TINLEY: Any further question or discussion 19 on the motion? All in favor of the motion, signify by 20 raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. 25 Commissioner Williams had a question or concern about Item 9-14-09 82 1 18. Let me recall that quickly. Consider, discuss, take 2 appropriate action to approve closure of Flat Rock Lake 3 effective October 1, 2009, till further notice, and advise 4 state agencies of our intention to lower lake water level and 5 obtain proper permits. Your question, Commissioner? 6 COMMISSIONER WILLIAMS: My question is, based on 7 the discussion of the Court, which we essentially deferred 8 action on these four things pending further meetings and so 9 forth, do I need the Court's approval to advise state 10 agencies, et cetera? 11 COMMISSIONER LETZ: In my mind, no. But we'll be 12 glad to pass an order if you -- you know, on -- 13 COMMISSIONER WILLIAMS: Well, I think that might be 14 appropriate, 'cause that's a very major undertaking, lowering 15 the level of that lake and seeking state approval, or 16 appropriate agencies' approval, whichever. 17 COMMISSIONER BALDWIN: I think you probably -- we 18 probably do need to -- if you're talking about seeking 19 permits and those kind of things, yeah, I think that we 20 probably need to pass an order. 21 COMMISSIONER LETZ: I'll make a motion, then, that 22 we authorize Commissioner Williams to pursue required 23 permits. 24 COMMISSIONER WILLIAMS: For the purpose of -- 25 COMMISSIONER LETZ: For the purpose of draining 9-14-09 83 1 Flat Rock Lake. However, timeline has not been specified at 2 this point. 3 COMMISSIONER WILLIAMS: From appropriate state and 4 federal agencies, whichever. 5 COMMISSIONER OEHLER: I'll second. 6 JUDGE TINLEY: Motion made and seconded as 7 indicated. Question or discussion? 8 COMMISSIONER BALDWIN: You sure this is your 9 heart's desire? 10 COMMISSIONER WILLIAMS: We'll talk. 11 COMMISSIONER BALDWIN: Okay. Just want to make 12 sure he's comfortable here. 13 JUDGE TINLEY: All in favor of the motion, signify 14 by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion does carry. 19 COMMISSIONER WILLIAMS: Thank you. 20 JUDGE TINLEY: I see Mr. Colvin back with us, so 21 I'm going to recall Item 11; consider, discuss, take 22 appropriate action on concept plan for the Colvin 23 Subdivision. We now have a picture. 24 COMMISSIONER OEHLER: We now have a picture. 25 MR. COLVIN: Good morning again. 9-14-09 84 1 COMMISSIONER LETZ: One picture or two pictures? 2 MR. COLVIN: There's two. 3 COMMISSIONER OEHLER: There's several. 4 COMMISSIONER LETZ: Probably two. 5 COMMISSIONER OEHLER: I'll see if I can -- if I can 6 explain what -- what he had. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER OEHLER: Everybody on the same page 9 here, on the one page that we have? This is a concept plan, 10 now, remember. This is not a preliminary plat. He has a 11 total of 47.85 acres. It's all one tract, but it's -- 12 Highway 39 cuts off the part that goes to the river. 13 Mr. Colvin has an existing 40-foot right-of-way that comes 14 off of Highway 39 and goes up, and it's just -- it's really 15 just an access easement to go -- he has a tower on top of 16 this hill that is leased. This -- the land is leased to the 17 person that has the tower. What he wants to do is -- is use 18 the same easement, continue it on up to the top of the hill, 19 and sell off 40 -- I mean 21 acres, that being the access. 20 It would be one owner; there would be no -- and in the 21 restrictions, it would not be allowed to be divided again. 22 This would be 21 acres. 23 COMMISSIONER WILLIAMS: This says 23, Bruce. 24 24.75. 25 COMMISSIONER OEHLER: Where do you see that? 9-14-09 85 1 MR. COLVIN: Well, that's the entire back half. 2 COMMISSIONER OEHLER: That's a different deal. 3 COMMISSIONER WILLIAMS: Okay. 4 COMMISSIONER OEHLER: Look at the big number, 5 47.85, and the line is not in yet for the 21. That will be 6 cut off. That's where the tower is, and that land has not 7 been sold; that's just leased. 8 COMMISSIONER WILLIAMS: Okay. 9 COMMISSIONER OEHLER: Okay. The other thing is, is 10 that down here on the river, along his waterfront, he wants 11 to sell an acre for recreation only and give -- designate a 12 40-foot-wide easement to access that. This is not buildable. 13 It's all in the floodway, 1 acre. 14 COMMISSIONER LETZ: Does that -- I guess my 15 question is, why wouldn't you do a 60-foot easement? 16 MR. COLVIN: 40 versus 60 doesn't really matter. 17 COMMISSIONER LETZ: The reason is 'cause 60 is what 18 our rules require, and that makes it a whole lot simpler. 19 MR. COLVIN: As far as accessing the floodplain? 20 COMMISSIONER LETZ: On both roads. Both of them, 21 60-foot. 22 MR. COLVIN: The existing right-of-way is already 23 40 feet; it's been in place since 2000. 24 COMMISSIONER OEHLER: It's not intended to be 25 developed any further than making one lot sale. 9-14-09 86 1 COMMISSIONER LETZ: Yeah, but it doesn't make any 2 difference. That's going to require a waiver, which opens up 3 Pandora's box, in my mind, of -- 4 COMMISSIONER OEHLER: This couldn't be done under 5 alternate plat? 6 COMMISSIONER LETZ: Not without a 60-foot 7 right-of-way. 8 COMMISSIONER WILLIAMS: Not without what, 9 Commissioner? 10 COMMISSIONER LETZ: I think you need a 60-foot 11 right-of-way. That's the only drawback I see. 12 MR. COLVIN: Is -- perhaps there's some form of a 13 grandfather that we might be able to fall back on to continue 14 to use that existing 40 foot? 15 COMMISSIONER OEHLER: This is -- this could never 16 ever be a county road, for one thing. 17 MR. COLVIN: No. And the easement would not allow 18 any further access to any additional properties. 19 COMMISSIONER LETZ: Still requires a waiver, I 20 think. You know -- 21 COMMISSIONER OEHLER: Well, that's what this 22 preliminary conference is about. 23 COMMISSIONER LETZ: And I think that, you know, to 24 me, if you give a waiver for this, then you have to give it 25 for any -- if it's two lots, what difference does it make? 9-14-09 87 1 If it's three lots, what difference does it make? You start 2 getting to a point as to where do you draw the line? And 3 we've been -- the only -- you know, I don't know about us 4 granting a waiver for this, unless there was a situation 5 where you didn't own the property. I mean, like, if you -- 6 if there was a 40-foot road all the way back there and you 7 didn't own that tract back there, then, obviously, you can't 8 do it. But here you do have the ability to increase the size 9 -- the width of that. 10 MR. COLVIN: Right. But in view of the 40-foot 11 easement already being in place, and having been in place for 12 nearly ten years, wouldn't we be protected by an original 13 grandfather clause of some sort? 14 COMMISSIONER LETZ: I don't think so, sir. 15 MR. COLVIN: Okay. Well, 60 feet, then. 16 COMMISSIONER OEHLER: Okay. That's what this is 17 all about. But it's just a -- you know, it's less than five 18 lots. 19 COMMISSIONER LETZ: Okay. 20 COMMISSIONER OEHLER: For one thing. 21 COMMISSIONER LETZ: It's going to have to be a 22 minimum requirement from a road standpoint. 23 COMMISSIONER OEHLER: The road is basically -- the 24 road -- not basically, but the new owner -- proposed owner 25 doesn't want any other traffic over there on that road, and 9-14-09 88 1 he's agreed to upgrade the road to where he can have access 2 to his back acreage. 3 JUDGE TINLEY: The road's probably going to remain 4 the same. It's just the amount of right-of-way that's going 5 to be dedicated as part of this. 6 COMMISSIONER OEHLER: No place -- this is a way 7 steeper grade than what would be minimally required by the 8 County for a road. I mean, there's some extenuating 9 circumstances, I believe, that go along with this. And being 10 as it's over 10 acres and it's only one lot, basically -- it 11 would be four, though, if you did it -- if did you a -- 12 COMMISSIONER LETZ: Right. 13 COMMISSIONER OEHLER: -- an alternate plat. 'Cause 14 you -- 15 COMMISSIONER LETZ: I think the road -- I mean, I 16 listen to Leonard a little bit. If that's -- the variance on 17 the road construction is easier for me to swallow than the 18 right-of-way. 'Cause once the right-of-way's there, the 19 right-of-way is there. 20 COMMISSIONER OEHLER: Yeah. 21 COMMISSIONER LETZ: And, you know, there's going to 22 be restrictions and all that. A lot of things always happen, 23 and someone -- you know, another tract may be sold off here, 24 and it just makes it easier to me if you at least have the -- 25 have the right-of-way right now. Roads are not that much of 9-14-09 89 1 a concern. 2 COMMISSIONER OEHLER: So, if he agreed to do a 3 60-foot-wide right-of-way, then you would -- then there's no 4 problem with it being -- it's less than five tracts of land. 5 It's over 10 acres on the big one, and the other one is just 6 a -- basically, a -- not basically, but it's a recreation. 7 COMMISSIONER LETZ: Who has access to that other 8 one, the 1-acre? What's the purpose of it? 9 MR. COLVIN: Solely for recreation. 10 COMMISSIONER LETZ: For this -- 11 COMMISSIONER OEHLER: Same guy. 12 MR. COLVIN: Yeah. 13 COMMISSIONER OEHLER: Same person. 14 COMMISSIONER BALDWIN: Are we dealing with just one 15 person here? 16 MR. COLVIN: Mm-hmm. 17 COMMISSIONER OEHLER: We're dealing with one 18 person. 19 COMMISSIONER BALDWIN: I agree with Letz on the 20 right-of-way issue, 'cause once -- you've got to establish 21 that at some point. You can't go back later on, or it's 22 difficult to do. So, you're talking about 60 feet inside 23 that property and 60 feet out to the community park or 24 whatever the thing is down to the river, as well? 25 MR. COLVIN: The acre on the river would be a 9-14-09 90 1 60-foot -- minimum 60-foot wide strip from the highway down 2 to the river. 3 COMMISSIONER BALDWIN: So -- I don't know. I mean, 4 I can't see why we -- why it's so important, what -- I like 5 the right-of-way, but I don't know about the size of the road 6 on the man's private property. 7 COMMISSIONER LETZ: Well, the road -- that's what I 8 say; I can probably go along with a variance on that, to not 9 have to build it up to county standards. But -- 10 JUDGE TINLEY: The road's really not an issue now. 11 We're just talking about the right-of-way. 12 COMMISSIONER BALDWIN: Certainly not to me. But 13 what about down to the river part? Same thing? 14 MR. COLVIN: It goes from the highway to the river, 15 Commissioner. 16 COMMISSIONER BALDWIN: Same thing? 17 COMMISSIONER OEHLER: Not ever going to be able to 18 divide that. It's just a recreational lot; can't build on 19 it. It's in the floodway, and so I don't really see the 20 justification for a 60-foot-wide -- he's willing to go 40, 21 which is way beyond what you need to drive down to go 22 swimming. 23 COMMISSIONER BALDWIN: I think you're probably 24 making a good point there, too. 25 COMMISSIONER LETZ: On this -- on that one, I'm -- 9-14-09 91 1 I mean, I can probably go along with a 40-foot. I mean, that 2 -- 'cause that's -- it's a different type of -- 3 COMMISSIONER BALDWIN: Unusable. 4 COMMISSIONER LETZ: Yeah. 5 COMMISSIONER OEHLER: Unusable for -- really, only 6 usable for recreation. 7 COMMISSIONER LETZ: Never will be used other 8 than -- 9 COMMISSIONER WILLIAMS: Recreation. 10 COMMISSIONER LETZ: Yeah. 11 COMMISSIONER OEHLER: The lot's too small to build 12 on, even if it were outside the floodplain. 13 COMMISSIONER LETZ: That one doesn't make much 14 difference, but on the other one, it really has to be 60 foot 15 wide. 16 MR. COLVIN: So, 60-foot-wide right-of-way, and 17 everything else is okay? 18 COMMISSIONER OEHLER: And agree to do a variance on 19 the road. 20 COMMISSIONER LETZ: Yeah, the road -- the grade and 21 the road construction. 22 COMMISSIONER WILLIAMS: And you're saying 40-foot 23 right-of-way on the recreational parcel? 24 COMMISSIONER LETZ: Yeah. Is that all right, 25 Leonard? Does that make sense to you? 9-14-09 92 1 MR. ODOM: Yes. You're talking about going up to 2 the 21 acres, 60 foot? 3 COMMISSIONER LETZ: Right. 4 MR. ODOM: No road, per se. What he's got is an 5 easement, not a -- 6 COMMISSIONER LETZ: Right. 7 MR. ODOM: -- not a public road. What was the 8 other one? Was it 40 foot down to the river? 9 COMMISSIONER LETZ: Yeah, 40 foot down to the 10 river. That's not -- 11 MR. ODOM: And make a note on the plat that, 12 basically, that whatever that lot is, 21 acres is 13 nondivisible. 14 COMMISSIONER LETZ: Right. 15 MR. ODOM: And the other one is recreational, and 16 no residential on that 1-acre lot. That should take care of 17 it. 18 MR. COLVIN: Okay. 19 JUDGE TINLEY: Sounds like it in a nutshell, 20 Leonard. 21 COMMISSIONER BALDWIN: Where is this thing? Where 22 is that? 23 MR. COLVIN: It's behind our house. 24 COMMISSIONER BALDWIN: Behind your house? 25 MR. COLVIN: Mm-hmm. It's back behind the cell 9-14-09 93 1 tower all the way to the back of the property, and then an 2 acre on the river. 3 JUDGE TINLEY: Anything else on that item, 4 gentlemen? Why don't we take about a 15-minute recess? 5 (Recess taken from 10:50 a.m. to 11:11 a.m.) 6 - - - - - - - - - - 7 JUDGE TINLEY: Okay, let's come back to order, if 8 we might. The next item on the agenda, Item 16, is to 9 consider, discuss, and take appropriate action to approve 10 electrical, plumbing, HVAC, and pest control services. 11 Mr. Bollier, you've had an opportunity to review the bids 12 that were previously received and submitted to you for 13 evaluation? 14 MR. BOLLIER: Yes, sir, I have. And my 15 recommendations are -- for HVAC would be Airtech. And my 16 recommendation for pest control is going to be Foss Pest 17 Control, F-o-s-s. My electrical recommendation is going to 18 have to go to Guadalupe Electrical, and for my plumbing, I 19 only had one, so that was easy, Whelan Plumbing. And that's 20 my recommendation, sir. 21 JUDGE TINLEY: And, as usual, those are the 22 first-priority agencies, and if they're tied up or otherwise 23 unable to provide you with the level of service that you 24 need, you then drop down to the next low bidder and right on 25 down the line? 9-14-09 94 1 MR. BOLLIER: Yes, sir. 2 JUDGE TINLEY: That's been our protocol here for -- 3 MR. BOLLIER: That's the way it's been forever. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER LETZ: All right. I move we accept 6 the recommendations of the Director of Maintenance. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded to accept 9 the Maintenance Supervisor's recommendation and award bids as 10 indicated. Further question or discussion on the motion? 11 COMMISSIONER BALDWIN: Question. How many -- how 12 many changes are in there? 13 MR. BOLLIER: All of them but one, sir, Whelan 14 Plumbing. 15 COMMISSIONER BALDWIN: And the rest of them are new 16 companies? 17 MR. BOLLIER: Will all be new, yes, sir. 18 COMMISSIONER BALDWIN: Have they ever worked for us 19 before? 20 MR. BOLLIER: I believe back when I first started 21 sir, when Mr. Holekamp was still here, I believe Guadalupe 22 Electric was -- was our electric people at that time. 23 COMMISSIONER BALDWIN: Okay, thank you. 24 COMMISSIONER WILLIAMS: I seem to recall that. 25 COMMISSIONER BALDWIN: Yeah, that's true. 9-14-09 95 1 COMMISSIONER WILLIAMS: The Sheriff has -- 2 SHERIFF HIERHOLZER: Only question I have, Tim, 3 since we replaced -- or you've replaced half those 4 air-conditioners on top within the last year, this isn't 5 going to affect any of the service contract or anything you 6 have on those, is it? 7 MR. BOLLIER: No, sir. No, sir, should not. 8 SHERIFF HIERHOLZER: Different company put them in. 9 All right. 10 COMMISSIONER LETZ: The other question, Tim, on 11 this -- I'm glad you spoke up, Sheriff. Have all of the 12 employees of these companies gone through the proper 13 background checks? To work on -- 14 MR. BOLLIER: They will have to do that, sir. 15 COMMISSIONER LETZ: They may not, but they will? 16 AUDIENCE: It can be provided. 17 SHERIFF HIERHOLZER: We will have to run and do 18 criminal background checks on anybody I allow in that 19 building, and there very well could be some that I won't 20 allow. 21 COMMISSIONER LETZ: Right, okay. Just make sure 22 when you relay back to these vendors -- 23 MR. BOLLIER: Yes, sir. I'll tell them to get in 24 contact with our Sheriff, and bring all names that will be 25 doing their service work to him so that they can be -- 9-14-09 96 1 COMMISSIONER OEHLER: Qualified. 2 MR. BOLLIER: -- taken care of. 3 JUDGE TINLEY: Okay. Any more in connection with 4 that particular agenda item? Let's move to Item 22 -- 5 COMMISSIONER BALDWIN: Wait. Did we vote? 6 JUDGE TINLEY: Huh? Did we vote? 7 THE CLERK: We need to vote. 8 MR. BOLLIER: You didn't vote, sir. 9 THE CLERK: You had a motion and a second. 10 JUDGE TINLEY: Excuse me. I thought we voted on 11 that item. Any further question or discussion on the motion? 12 All in favor of the motion, signify by raising your right 13 hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. Thank you, Mr. 18 Bollier. 19 MR. BOLLIER: Thank you, sir. 20 JUDGE TINLEY: Let's move to Item 22; consider, 21 discuss, and take appropriate action on approval of Office of 22 Court Administration Contract Number 10-011. I put this on 23 the agenda. This deals with the reimbursement for the Region 24 6 Administrative District for the judge here, and this 25 provides -- looks like something slightly in excess of 9-14-09 97 1 $40,000 for that purpose. 2 COMMISSIONER BALDWIN: For this county? 3 JUDGE TINLEY: Yes. That's incoming, and not 4 outgoing. 5 COMMISSIONER LETZ: This is because -- is Steve 6 Ables still the Administrative Judge? Or is he -- 7 MS. HARGIS: Yes. 8 COMMISSIONER LETZ: So, this -- this is because 9 he's Administrative Judge; we get 40,000 for the support we 10 provide. 11 MS. HARGIS: To administrate, yes. 12 COMMISSIONER LETZ: That's the reason for this. 13 JUDGE TINLEY: Yes. 14 COMMISSIONER LETZ: Move approval. 15 COMMISSIONER WILLIAMS: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Further question or discussion? 18 COMMISSIONER BALDWIN: Help me a little bit. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER BALDWIN: The 40,000 that comes in 21 because of this is earmarked for his use? 22 JUDGE TINLEY: For certain purposes, yes. But, 23 essentially, that's in order to perform his duties as 24 presiding judge of the 6th Administrative District. 25 COMMISSIONER BALDWIN: So, basically, it's a salary 9-14-09 98 1 for Steve. 2 JUDGE TINLEY: Well -- 3 MS. HARGIS: It's several things. 4 JUDGE TINLEY: Yeah, it's a whole lot of things. 5 It's also for the -- to provide -- indicates here certain 6 funds for payment of salary expense for administrative 7 assistant. 8 COMMISSIONER BALDWIN: And I think there's some 9 visiting judge money there, too. I mean, that -- it can be 10 used for visiting judges too and all that. 11 MS. HARGIS: Not in that. 12 JUDGE TINLEY: I don't think so. Not for -- 13 COMMISSIONER LETZ: In the -- 14 COMMISSIONER BALDWIN: Different one. 15 COMMISSIONER LETZ: In the assistant salary, is 16 this above and beyond the county salary? 17 MS. HARGIS: Yes. 18 COMMISSIONER LETZ: This isn't -- 19 MS. HARGIS: No, it's not in lieu of. 20 JUDGE TINLEY: If you'll look -- 21 COMMISSIONER LETZ: I was afraid that was the 22 answer, but okay. 23 MS. HARGIS: It goes for office supplies, 24 technology, phone; there's a lot of things. She does -- the 25 administrative assistant does not get all that money. 9-14-09 99 1 COMMISSIONER LETZ: Okay. 2 MS. HARGIS: And then there's travel, things of 3 that nature in there. 4 JUDGE TINLEY: It's reimbursable cost, is what it 5 amounts to, in addition to assistance for the administrative 6 assistant, essentially is what it is. 7 COMMISSIONER BALDWIN: Thank you. 8 JUDGE TINLEY: Okay. Further question or 9 discussion? 10 MS. UECKER: I have a question. 11 JUDGE TINLEY: All in favor -- yes? 12 MS. UECKER: Does that -- does that contract 13 include for the office space? Is that a -- 14 COMMISSIONER LETZ: Probably could. That could be 15 a direct expense. That's a pretty high-dollar square 16 footage. 17 COMMISSIONER BALDWIN: It suddenly is a 18 high-dollar... (Laughter.) 19 MS. HARGIS: I don't believe so. I'd have to 20 check. 21 JUDGE TINLEY: You don't think there's been 22 allocation of -- of that number in the past? 23 MS. HARGIS: No. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER OEHLER: Maybe we need to ask for an 9-14-09 100 1 increased allocation. 2 COMMISSIONER BALDWIN: Now, this is something that 3 the former auditor maintains; is that correct? 4 MS. HARGIS: That is correct. And part of his 5 salary is in there. 6 COMMISSIONER BALDWIN: I see, okay. If we sit here 7 and visit very long, -- 8 COMMISSIONER WILLIAMS: Find out what it's all 9 about. 10 COMMISSIONER BALDWIN: -- going to find out what 11 this thing does. 12 JUDGE TINLEY: Any other questions or comments? 13 All in favor of the motion, signify by raising your right 14 hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion carries. Let's move to 19 Item 23; consider, discuss, and review county investment 20 policy and take appropriate action to make any necessary or 21 desired changes to such policy. This is an annual 22 requirement that we take a look at this. 23 MS. HARGIS: I gave each of you a new one, and -- 24 can everyone hear me? 25 COMMISSIONER LETZ: Mm-hmm. 9-14-09 101 1 MS. HARGIS: I wasn't -- I didn't receive this. I 2 asked our financial adviser that we retain to assist me with 3 any changes that may have come down through the Legislature, 4 and she provided me with this document late Friday. And the 5 changes are very beneficial. They're more or less 6 housekeeping. But there's a change on Page 3 which says 7 that -- which we have already done that -- in order to 8 appoint the Treasurer as the designated investment officer, 9 the Court would have a resolution, and we already do that, 10 but they have now added that to the investment policy. On 11 Page 4, there was -- 12 COMMISSIONER BALDWIN: Wait just a second. Back on 13 Number 3 -- Page 3, please. 14 MS. HARGIS: Mm-hmm. 15 COMMISSIONER BALDWIN: So, they -- now it's a 16 requirement that we do a resolution -- the Commissioners 17 Court does a resolution that -- 18 MS. HARGIS: That designates -- 19 COMMISSIONER BALDWIN: -- that adopts this 20 investment policy? 21 MS. HARGIS: That designates the investment 22 officer. 23 COMMISSIONER BALDWIN: I see. The -- the Treasurer 24 and the -- somebody. 25 MS. HARGIS: Okay, yes. The reason for that is, 9-14-09 102 1 when we -- when we open an account with a new bank, we need 2 that resolution, so it was a problem in the past, so I think 3 that's why they've added that. 4 COMMISSIONER BALDWIN: So we've always done that? 5 MS. HARGIS: Yes. 6 COMMISSIONER BALDWIN: But now it's just built in 7 here? 8 MS. HARGIS: Right. 9 COMMISSIONER BALDWIN: Okay. I begin to -- begin 10 to understand where we're headed here. 11 MS. HARGIS: Okay. Again, it's housekeeping 12 mostly. If you'll look at Page 4, Item 8, broker-dealers in 13 the past were normally considered your financial houses, and 14 the banks did not consider themselves as a financial house, 15 and so they -- the paperwork that they signed, if we had a 16 C.D. with them, it said broker-dealer. The banks objected to 17 being a broker-dealer; they're a bank. And so now they've 18 just added the word "bank" wherever there is a broker-dealer 19 so that it clarifies that broker-dealer-bank. 20 COMMISSIONER BALDWIN: Do we need "broker-dealer"? 21 MS. HARGIS: Yes. 22 COMMISSIONER BALDWIN: That's your opinion. And I 23 agree with it. 24 MS. HARGIS: Okay. Again -- on to Page 5. Again, 25 this is further clarifying, at the top of the page, that -- 9-14-09 103 1 and also, there has been in the investment act a new item 2 added, Financial Industry Regulatory Authority. I'm sure 3 this has probably come out of what happened around this time 4 last year in Wall Street, so that's a new authority and a new 5 agency that's been developed by the feds. And the 6 certification, again, you're adding banks and pools. 7 COMMISSIONER BALDWIN: Wait a minute. 8 MS. HARGIS: Okay. 9 COMMISSIONER BALDWIN: You're moving a little bit 10 too fast here for me. So, the -- this SIFMA, Financial 11 Industry Regulatory Authority -- let's see, S-I-F-M-A. 12 Financial institutions and broker-dealers who desire -- why 13 isn't the word "bank" in there? 14 MS. HARGIS: Because I don't think the banks have 15 to do it, just broker-dealers. Because, again, you're 16 dealing with only financial houses here, not C.D.'s. 17 COMMISSIONER BALDWIN: So, those folks that 18 transact business with the County must supply the following 19 documents, so the broker-dealer has to provide a SIFMA and a 20 FINRA. (Laughter.) I'm just reading here. 21 MS. HARGIS: That's right. 22 COMMISSIONER BALDWIN: You handed me this. 23 MS. HARGIS: That's what it says. 24 COMMISSIONER BALDWIN: All right. Now, where -- 25 when are we going to get our SIFMA's and FINRA's? 9-14-09 104 1 (Laughter.) 2 MS. HARGIS: Right now, we don't deal with any 3 broker-dealers, so we don't have to do that right now. 4 COMMISSIONER BALDWIN: Very good. Thank you, 5 ma'am. Okay. 6 MS. HARGIS: The next area, again, under 7 certifications, you added banks and pools, and I think this 8 is a good change. They asked for a current copy of the 9 investment policy. There are a lot of -- of governmental 10 agencies who do not review their investment policy annually, 11 so this kind of says you have to do it. And then the last 12 sentence, the County -- in the section under certification, 13 the County shall not enter into any investment transaction 14 with any broker-dealer-bank-pool prior to receiving the 15 written instrument described above. So, in other words, we 16 can't buy it or give them the money for it until we have that 17 written document. It's always been that way, but it was 18 never really written in here, so that's a good -- that's a 19 good change. 20 COMMISSIONER BALDWIN: Good. 21 MS. HARGIS: Again, the second page, under 9 on 22 Page 6, referring to banks and purchasing under the CDARS 23 national program -- and we have pretty much opted not to do 24 that, but it is in here in case we do in the future. 25 COMMISSIONER BALDWIN: Are you talking about the 9-14-09 105 1 CDARS? 2 MS. HARGIS: The CDARS. 3 COMMISSIONER WILLIAMS: Would that be misspelled, 4 an "E" dropped out of there? 5 COMMISSIONER BALDWIN: Yeah. 6 MS. HARGIS: And the -- F, again, talks about the 7 -- the SIFMA's or however you want to pronounce it. Page 8, 8 again, I think these are some good changes. It requires that 9 the banks give us their margin on a daily basis, where in the 10 past they've had to give it to us on a monthly basis. And 11 with the market changing, I think that's a good thing. And 12 the safekeeping receipt that we receive must be provided to 13 the County by the custodian. Under the Public Funds 14 Investment Act, the custodian maintains our copies of our 15 pledged securities, so that if that particular bank goes 16 down, then the custodian holds our collateral so that we can 17 go and get it. So, this was one of the major reasons for the 18 Public Fund Investment Act. 19 COMMISSIONER BALDWIN: Tell me who our custodian 20 is. 21 MS. HARGIS: To be honest with you, right now, I 22 don't -- Security State Bank, I think they use Frost Bank, 23 but I'm not sure. 24 MS. WILLIAMS: Yes. 25 MS. HARGIS: I believe that's correct. It's been a 9-14-09 106 1 while since I've looked at it. And they have -- to be a 2 custodian, there's certain criteria that they must meet. In 3 the past, the banks have been providing us the custodial 4 reports. In other words, they've been going through the 5 bank. Now it's saying that the custodians have to extend it 6 directly to us, which I think is a good thing. 7 COMMISSIONER BALDWIN: I do too. 8 MS. HARGIS: And the last sentence here, Mindy and 9 I both agree we didn't want to do any of these pools, and it 10 says by law, the County may not participate in collateral 11 pooling through a depository bank, which is a good thing. 12 The pooling was where you could get into a pool in a bank 13 with other governmental entities, and our biggest fear was 14 how we identified ourselves in that pool, and how -- how 15 would we know what our documents were? So, it just wasn't a 16 good instrument for us, and we just kind of threw it out. 17 It's an optional instrument, but now it says we can't do it, 18 period. The repurchase agreements, which we do not do, it 19 talks about the -- the SIFMA's again, and again, on a daily 20 basis. Firstly, the designated custodian, the bank. And, 21 the percentages of diversification have changed a little bit. 22 This is to make sure that we don't necessarily put all of our 23 eggs in one basket. And the last sentence on Page 9, or the 24 top -- the very top sentence says, "Maximum percentages 25 listed above are based on amortized book value at the time of 9-14-09 107 1 purchase." This is very important. The book value that we 2 purchase them at is what we always want to know, 'cause 3 that's the principal we have involved in it. And it's not 4 said that in the past, and that's a very good change. And 5 that's pretty much it, so the changes are really for our 6 protection. 7 JUDGE TINLEY: Does the -- does this provide for an 8 alternate or deputy investment officer? It occurs to me that 9 Commissioner Baldwin, with his great interest in this 10 subject, might be designated. 11 COMMISSIONER LETZ: You might think that. 12 COMMISSIONER BALDWIN: All my medical knowledge and 13 now my legal training, we're talking about big -- big bumper 14 sticker here. 15 MS. HARGIS: In most of the documents, it does 16 authorize the Treasurer; however, you can authorize whomever 17 you would like, whether that be a person on the Court or 18 whatever. But we will need to change the document if you 19 would like to join it. 20 COMMISSIONER BALDWIN: I'm excited. 21 MS. HARGIS: He has to go to school. 22 COMMISSIONER BALDWIN: Well, I'm out. (Laughter.) 23 Is this -- these changes were from last year? 24 MS. HARGIS: No, the changes occurred in this last 25 legislative session. Remember, I told you when you first 9-14-09 108 1 started your Public Fund Investment Policy, and your -- that 2 every two years, the Legislature would send down changes that 3 we have to adopt, that we don't have much choice in, and 4 that's what these are, in order to stay current with the law. 5 COMMISSIONER LETZ: I'll move approval of the 6 county investment policy as presented. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval of the agenda item and the updated county investment 10 policy. Question or discussion? All in favor of the motion, 11 signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: That motion does carry. Let's move 16 to Item 24; consider, discuss, take appropriate action on 17 fiscal year 2009-10 budgets and fiscal capital expenditure 18 and personnel matters related thereto for various county 19 departments. I put this on the agenda as kind of a last-gasp 20 shot at any budget issues that we've got hanging out there, 21 so that we could, at a minimum, discuss them now, 22 irrespective of whether we took action on them now. I think 23 this item, coupled with the subsequent item on the agenda, 24 depending upon what happens there, determines how things go 25 forward there. But any -- any items that need to be 9-14-09 109 1 discussed as kind of tail-end, last -- last-gasp measures, 2 why, let's get them out on the table. 3 MS. UECKER: I have one. 4 JUDGE TINLEY: If it's the one that you 5 communicated to me, I think that's already been fixed. 6 MS. UECKER: Okay, great. 7 JUDGE TINLEY: Very minor. 8 MS. UECKER: Yes. 9 JUDGE TINLEY: Very minor, yeah. The telephone? 10 MS. UECKER: Yes. 11 JUDGE TINLEY: Okay. After an analysis. 12 MS. UECKER: All right, thanks. 13 COMMISSIONER LETZ: Judge, so the -- the main issue 14 here is, because of some posting, this is our last 15 opportunity to modify elected officials' salaries? 16 JUDGE TINLEY: Yes. If there is going to be any 17 modification, there will have to be a posting. That's under 18 the following agenda item. 19 COMMISSIONER LETZ: Right. 20 COMMISSIONER OEHLER: Well, my only concern has to 21 do with the budgetary that -- some of the budgets, especially 22 one budget or two budgets that were presented to us, of the 23 District Judges' staff budgets where there are increases in 24 salary included in that, from 8 percent down to 3 percent, 25 and I advocate that we oppose those budgets. I don't believe 9-14-09 110 1 they're justified. I don't believe any of the other county 2 officials are going to get them at this point, and I think 3 whatever we do -- whatever they do should be tied to what we 4 do with all the other staff. 5 JUDGE TINLEY: Commissioner, I think that, of 6 course, is not -- that's not something that must be resolved 7 before we go forward today, as I'm sure you understand, and I 8 think those items are still under some discussion. But -- 9 COMMISSIONER OEHLER: I just wanted to bring it to 10 light. 11 JUDGE TINLEY: Yeah, we need to bring the light of 12 day on a lot of things, don't we? 13 COMMISSIONER OEHLER: We don't want to forget about 14 that when the appropriate time presents itself. 15 JUDGE TINLEY: Okay. 16 MS. HARGIS: Eva? 17 MS. HYDE: Go ahead. 18 MS. HARGIS: No, I -- as of right now, we have 19 291,596. We had some minor adjustments plus or minus that 20 occurred since our last meeting, and those have all been 21 done, anybody that needed a little bit more postage or a 22 little bit more office supplies or something after they 23 relooked at their budget, or a line item they forgot or 24 something. It amounted to about $5,000 or $6,000. So, you 25 know, that's -- 9-14-09 111 1 COMMISSIONER BALDWIN: $5,000 or $6,000 increase? 2 MS. HARGIS: Increase. Well, yes. 3 COMMISSIONER BALDWIN: I'll be. 4 MS. HARGIS: Yes. So, the amount of money we had 5 as of last court date, I think, was 299,000, and so now we 6 have 291. 7 COMMISSIONER LETZ: Judge, when is our -- I guess, 8 our next budget workshop? Are we going to have any more? I 9 mean, when are we going to discuss Bruce's issue he raised? 10 JUDGE TINLEY: I think -- let me work from the end 11 backwards. Certainly, on the 28th, when we are due to 12 consider the final adoption of the budget, any changes that 13 need to be made to any budgets can be made at that time, as 14 long as they're not changes that require any sort of public 15 notification or some sort of other notice under the 16 Government Code that we haven't previously done. But with -- 17 with those exceptions, we can make any changes to any budget. 18 COMMISSIONER LETZ: At that meeting. So that -- 19 COMMISSIONER OEHLER: But today what we need to 20 talk about is, if we plan to give any increases to elected 21 officials or department heads, that would -- if that were to 22 happen, would require a public hearing. 23 JUDGE TINLEY: Exactly. 24 COMMISSIONER LETZ: It requires -- 25 COMMISSIONER OEHLER: My -- 9-14-09 112 1 JUDGE TINLEY: Well, not a public hearing, but a 2 notice. 3 COMMISSIONER OEHLER: A notice. 4 COMMISSIONER WILLIAMS: Notification. 5 JUDGE TINLEY: A notice and a separate -- a 6 separate -- in addition to a separate notice, it would also 7 require a separate court order with respect to that. 8 COMMISSIONER OEHLER: Right. 9 COMMISSIONER LETZ: But not department heads, just 10 elected officials. 11 COMMISSIONER OEHLER: Elected officials. 12 JUDGE TINLEY: Elected officials only. 13 COMMISSIONER OEHLER: You know my feeling on that, 14 but I'll say it one more time. No. 15 COMMISSIONER WILLIAMS: Go ahead. 16 COMMISSIONER OEHLER: I did. 17 JUDGE TINLEY: Ms. Hyde, you had something. You 18 want to come on up here? And -- 19 MS. HYDE: Just when we had the budget hearings, 20 the -- I brought up -- and I think that y'all remember, 21 because you had some questions on it, but we had discussed 22 $20 reimbursement to employees that are participating in 23 wellness, fitness, have a trainer, and it was kind of left 24 out there. And I know that it's not in there, and I'm hoping 25 that you guys will agree to it, especially if there is no 9-14-09 113 1 raise this year, as part of our wellness and health and 2 safety. 3 COMMISSIONER LETZ: What are we doing? Go over 4 that again? 5 COMMISSIONER WILLIAMS: Explain how it works. 6 COMMISSIONER LETZ: Explain how it works. 7 MS. HYDE: The employees, or any -- anybody that is 8 going to a physical trainer, paying for it, going to a 9 fitness -- participating in any of the fitness, because we 10 have multiples out there, then they can get reimbursed up to 11 20 bucks per month. They show that they have gone and they 12 participated and they're trying to get healthy and fit. They 13 need to bring us something each month before -- it's a 14 reimbursement payment, because under I.R.S., we would have to 15 show that, you know, as a reimbursement. And it's a max of 16 240 bucks per employee, per year. 17 JUDGE TINLEY: Do we have the criteria in place 18 of -- or a proposal of criteria that would be required to be 19 in compliance of that program to obtain that reimbursement? 20 MS. HYDE: Yes, sir. I went and even looked at the 21 State of Texas website to see what they have, and they have a 22 small one as well. Theirs is 50 bucks a month, but they have 23 more money than we do. And -- 24 JUDGE TINLEY: Except we're not in charge of them. 25 Right, Buster? 9-14-09 114 1 COMMISSIONER BALDWIN: That's exactly right. 2 JUDGE TINLEY: Are they back in charge? 3 MS. HYDE: I thought we were in charge of them. 4 COMMISSIONER BALDWIN: We took over Texas this 5 morning. 6 MS. HYDE: So, what they have -- 7 COMMISSIONER WILLIAMS: And we're going to cut 8 their number. 9 MS. HYDE: You have to bring in verification that 10 you have been. And I believe one of the questions was, well, 11 how do you know -- you know, are they losing weight? Are 12 they getting more fit? We're not the police, so to speak. 13 But at the same time, if they bring -- it's a simple, "I've 14 been twice a week, every week for this many weeks," and it's 15 signed off by whoever you go to. That's basically it. 16 JUDGE TINLEY: Seems pretty loose to me. 17 MS. HYDE: Well -- 18 COMMISSIONER BALDWIN: You ain't kidding. 19 COMMISSIONER WILLIAMS: Especially that last part. 20 MS. HYDE: Well, it would be, like, from -- I don't 21 want to name any names of locals, but, I mean, it couldn't be 22 like Eva Hyde signing for everybody. It would have to be 23 someone from the location that they're going to, and it would 24 have to be witnessed by the employee. I mean, if they turn 25 it in and it's fraudulent, then we just take it to Rusty -- 9-14-09 115 1 excuse me, the Sheriff, and it's fraud. 2 JUDGE TINLEY: Do you want more work to do, 3 Sheriff? Is that why you raised your hand? 4 SHERIFF HIERHOLZER: But -- a little bit different, 5 but on this, in my department we don't do the reimbursements. 6 I hope that really does go through; I'm strongly in favor, 7 but we do it as far as training hours already. Any of my 8 employees that go to any of the local fitness places here are 9 allowed to -- they actually sign in. We have a sign-in 10 sheet. We've worked it with the training places, a sign-in 11 sheet, sign-out sheet where they have to put in how many 12 hours they've been there, and then that can be sent in to 13 TCLEOSE and give them training hours for physical fitness 14 training. Okay? It just gives them hours. But some of 15 these places, such as some who do -- some of us go to, are 16 $150 every five weeks, which is even a break in itself. 17 And I think to encourage people to do it, the $20 18 for -- at least they -- I agree with Eva; they need to show 19 that they're going at least twice a week. If they don't go 20 twice a week, it shouldn't even -- they shouldn't be allowed. 21 It shouldn't be counted. It's got to be signed in so they 22 actually do it to get that benefit from the training to keep 23 our health issues down. I know it's kept my sick call -- you 24 know, calling in sick, it's kept a lot of things down in what 25 my people are doing. And in the last three months, just one 9-14-09 116 1 group -- not the ones going to Ultra Fit or the other ones, 2 but just one group in our department alone has lost over 3 280 pounds and getting fit, and this is a major improvement. 4 JUDGE TINLEY: Sheriff, you mentioned in your 5 department, if there's any of this -- any of this fitness 6 training done, that this goes in to TCLEOSE for -- for 7 physical fitness training, credit for that purpose, TCLEOSE 8 purpose. Are they required under TCLEOSE rules to have so 9 many hours per year physical fitness training? 10 SHERIFF HIERHOLZER: No. You're required to have 11 so many hours of training. What type of training it is, now, 12 it can be sitting in a classroom, going through school, or -- 13 or going to fitness training or whatever. They're not 14 required to have fitness training. 15 JUDGE TINLEY: Well, there's some -- aren't there 16 some mandatory types of training that your officers are 17 required each year -- for example, weapons training? 18 SHERIFF HIERHOLZER: Yes. 19 JUDGE TINLEY: Certain training? 20 SHERIFF HIERHOLZER: Weapons, racial profiling, 21 cultural diversity, all those are required. TCLEOSE has not 22 required the physical fitness training yet. I wish they 23 would; I think it would be advantageous. But they do give 24 training hours for physical fitness training. 25 MS. HYDE: I work with all -- all of the 9-14-09 117 1 respondents locally, and we have a Kerr County rate that 2 we've been able to get through all the locals that, again, 3 have responded. So, it's not -- rather than try to pick one, 4 people need to have flexibility and need to have choices. 5 So, there's some choices, and there's quite a few choices in 6 Kerr County where people can go. 7 COMMISSIONER WILLIAMS: How would you budget for 8 this? 9 MS. HARGIS: It's 75. If they -- 10 MS. HYDE: $72,000, based on 300 people -- 300 11 people. 12 COMMISSIONER BALDWIN: All 300 people going to the 13 spa -- 14 MS. HYDE: No, sir. 15 COMMISSIONER BALDWIN: -- twice a week? 16 MS. HYDE: No, sir. No, sir, they're not. 17 JUDGE TINLEY: And it would be included as part of 18 our health benefits program? 19 MS. HYDE: Yes, sir. When I talked to TAC -- I had 20 talked to you about it. When I talked to TAC, these are the 21 types of things that TAC is looking for when we -- when we're 22 looking for our insurance. What are we doing to help 23 employees? What are we doing to promote health and wellness 24 and safety? And so all these little things that we're trying 25 to do, although they're small baby steps, they look good when 9-14-09 118 1 we try to apply. 2 COMMISSIONER LETZ: Is there -- is the primary 3 purpose of this weight loss? Or -- 4 MS. HYDE: It's fitness. It's getting up off your 5 tailbone versus sitting on the couch, and bringing awareness 6 to -- to employees. When we did that wellness fair last 7 year -- I know most of y'all came -- we had a lot of folks 8 that were at risk. They were highly obese. I was one of 9 them. Oh. And, you know, getting off your tail and doing 10 something is -- is the first step. We have a lot of folks 11 that walk around the courthouse. Those of you that have been 12 around here, you see us walking. You see a lot of the 13 employees walking. We're doing Walk Across Texas; we've got 14 six teams that are going to do Walk Across Texas so far that 15 I brought up. So, people are -- people are starting to get 16 it. 17 SHERIFF HIERHOLZER: Jonathan, a lot of those 18 trainers, and the one most of us go to, will tell you very 19 directly up front, if you're coming to that trainer just to 20 lose weight, go back out the door you came in. He doesn't 21 want you. It's a fitness program, not a weight-loss program. 22 COMMISSIONER LETZ: I guess what I'm trying to -- 23 you know, I like the wellness approach, and I probably am in 24 favor of this. And it's a pretty big chunk of money. We 25 don't have a whole lot. This is -- it's kind of in lieu of 9-14-09 119 1 salary increases; it's that big of a chunk. But I'm trying 2 to figure out how you measure it a little bit, because 3 you're -- there are people that are walking around the 4 courthouse, that are doing other things that maybe 5 increase -- they get no credit. And so you're only saying 6 you can only get a credit if you're going to a fitness 7 center. You know, and I -- that's good, but there are a lot 8 of other people -- there's lots of other ways to be -- well, 9 maybe this is the only way we can do it; I don't know, but 10 it's -- it just seems that it would be so much better if we 11 come up with a results-oriented -- 12 COMMISSIONER BALDWIN: Yeah, I agree. 13 COMMISSIONER LETZ: -- plan. But we may not be 14 able to. 15 COMMISSIONER BALDWIN: I go to a fitness center 16 sometimes, but I don't go to a trainer. I'm in there and out 17 of there, and nobody even knows I exist. So, how would I -- 18 how would -- there's nobody -- 19 MS. HYDE: If you go to a physical fitness center, 20 they have -- they -- all the big ones here in town, and even 21 the smaller ones, have got folks that work there, either at 22 the front desk, or this manager or the trainer in charge or 23 whatever, and they know who's in their facility. They have 24 to because of liability expense. 25 COMMISSIONER BALDWIN: Well, sure, you're there, 9-14-09 120 1 but that doesn't mean a damn thing. You know, I -- 2 MS. HYDE: Part of it has to be the individual, 3 though, Buster. 4 COMMISSIONER BALDWIN: No. No. I can walk up to 5 one of those people and say, "Okay I ran 4 miles and I got my 6 heart rate up to 160 for 10 minutes." And they say, "Sure, 7 of course you did," and sign off. 8 SHERIFF HIERHOLZER: Most of them, Buster, like the 9 one that we do the sign-in sheets, we do on -- on a regular 10 one, not a trainer, but one of the fitness center -- the 11 employee actually signs in what time he gets there and signs 12 out what time they leave. And if they want to stand around 13 and twiddle their thumbs for an hour, you know, while they 14 say they're working out, then that employee's got a problem. 15 I don't see anybody wanting to do that. And I think part of 16 it is just straightforward honesty from the employee, 'cause 17 they're going to have to do it under this. And what I'd 18 recommend is two times a week, an hour each time, is what 19 most of them say to really start working out and getting 20 theirself back in physical shape. 21 COMMISSIONER BALDWIN: So, it has to be signed off 22 by somebody at the -- 23 SHERIFF HIERHOLZER: They sign off on our sheets 24 that we do. And I know a lot of them have gone through -- 25 and I'll find out mine in a week, but cholesterol levels have 9-14-09 121 1 dropped drastically, which is major as far as health and 2 health insurance with the county. 3 COMMISSIONER LETZ: Do we -- are the fitness 4 centers or the employees or someone keeping records on 5 cholesterol and weight during this program? It sure would be 6 nice, to me, that -- you know, if we do this, that we can 7 measure it a year from now to see if, county-wide, there was 8 weight loss county-wide, cholesterol, something like that. 9 Some kind of a -- a measure that it's working. 10 COMMISSIONER WILLIAMS: Well, if you had a personal 11 trainer, they would keep those records, but not everybody has 12 a personal trainer. 13 MS. WHITT: Like, in my case, my doctor just took 14 me off my cholesterol medicine, because it's gone down. 15 JUDGE TINLEY: Commissioner, I think -- 16 MS. WHITT: Same one that Rusty's going to. 17 JUDGE TINLEY: You know, you may be able to 18 quantify weight loss, but I can't -- you know, otherwise, you 19 got all sorts of privacy issues. 20 COMMISSIONER LETZ: Sure. 21 JUDGE TINLEY: I think where you're going to see 22 the results is that cost is going to be more than offset by 23 what we expend in -- in our health benefits program, or it 24 should be. That should be where you get the ding. 25 COMMISSIONER BALDWIN: So it's dollars and cents. 9-14-09 122 1 COMMISSIONER LETZ: Right. 2 JUDGE TINLEY: Mm-hmm, sure. Isn't that the 3 world's common denominator? 4 COMMISSIONER BALDWIN: Yes, it is. 5 SHERIFF HIERHOLZER: Look at what -- what she just 6 said. Her doctor took her off of her cholesterol medicine. 7 That isn't cheap. If my doctor takes me off of that, it's a 8 pretty good savings. 9 COMMISSIONER LETZ: I'm certainly in favor of it. 10 I'm just trying to make sure that we're -- is there a way 11 that we can do -- or a plan to do another health fair -- 12 MS. HYDE: Yes, sir. 13 COMMISSIONER LETZ: -- a year from now? 14 MS. HYDE: No, sir, we're going to do one this 15 year. We're going to do one every year. 16 COMMISSIONER LETZ: Every year. And that right 17 there should be able to track -- 18 MS. HYDE: It will help us, yes. Unfortunately, 19 you know, I can't give out some of this information. 20 COMMISSIONER LETZ: You can -- you can -- 21 MS. HYDE: But we can show high levels. You know, 22 we were here last year. 23 COMMISSIONER LETZ: Show the number of people that, 24 you know -- 25 MS. HYDE: Highly obese. 9-14-09 123 1 COMMISSIONER LETZ: We don't want any names, but we 2 can see overall trend is more obesity or less obesity in the 3 county. 4 MS. HYDE: We had three levels of obesity: Obese, 5 highly obese, and morbidly obese. And out of 275 employees, 6 150 were obese or higher. That's half our staff. 7 COMMISSIONER BALDWIN: That was me. 8 MS. HYDE: That was me. 9 COMMISSIONER BALDWIN: How much money? Say it 10 again? 11 MS. HYDE: The max -- the max, if all 300 12 employees -- and you guys know 300 people aren't going to do 13 this. 14 COMMISSIONER BALDWIN: How much do you want to put 15 in the budget? 16 MS. HYDE: $72,000. Unless -- unless you guys 17 agree that we should put in half of it. We might get half of 18 the people to do it, which is less. And then if we have 19 more, I need to come back and ask for more. 20 COMMISSIONER LETZ: I'd probably say 50,000. 21 JUDGE TINLEY: Forty, 50, somewhere. 22 COMMISSIONER BALDWIN: Forty -- 40 is a nice 23 number. Forty. 24 COMMISSIONER OEHLER: Well, the thing is about 25 this, the ones that come back for reimbursement actually have 9-14-09 124 1 an expense. 2 COMMISSIONER BALDWIN: Yeah. 3 COMMISSIONER OEHLER: The ones that choose to do 4 the stuff where they do it on their own, there is no expense. 5 COMMISSIONER BALDWIN: Yeah. 6 COMMISSIONER OEHLER: So that's what you're really 7 reimbursing, is just the ones that actually choose -- some of 8 them are not able to do it on their own, maybe. There are 9 lots of reasons for that, but if they are willing to go do 10 that, I think they -- it's a good thing to a level. I mean, 11 we can't pay much, but we can help. 12 COMMISSIONER WILLIAMS: I think it's a good 13 program, but are you going to design a verification document 14 that's uniform for your purposes? 15 MS. HYDE: Well, I'd like -- the verification 16 program needs to be one -- and I'll have to work with Rex to 17 make sure, and with Rusty, because it would be fraud. This 18 would be no different than what they sign on their 19 timesheets. If they turn it in and they're not doing it, 20 it's fraud, and surely to goodness, we don't have anyone that 21 stupid. If we do, they don't need to be here anyway. 22 JUDGE TINLEY: Well, I think another issue is, as 23 Commissioner Oehler said, the folks that will be applying for 24 this reimbursement have already demonstrated their commitment 25 by making a financial commitment themselves. 9-14-09 125 1 MS. HYDE: That's right. 2 JUDGE TINLEY: And if they're going to throw their 3 money away, that's not real smart to start with, you know. 4 So -- 5 COMMISSIONER WILLIAMS: Good point. 6 JUDGE TINLEY: Why pay 50 bucks a month so they can 7 get -- and do nothing so they can get 20 bucks reimbursement 8 for nothing? Makes absolutely no sense. But there does need 9 to be some accountability furnished to us. 10 MS. HYDE: I'll bring the accountability sheets for 11 next Commissioners Court. 12 COMMISSIONER BALDWIN: What -- what involvement, if 13 any, does TAC have in this? 14 MS. HYDE: We have been trying to look at getting 15 part of -- getting to be a part of the TAC insurance pool. 16 It's a good pool. It's a good set of insurance. And when I 17 first came here, that was one of the tasks that several of 18 y'all asked me; how come we can't get in TAC? We can't get 19 in TAC because of the stuff that happened before, because of 20 the lasers that we've had, and because of the health of our 21 employees and the ages of our employees. We were a high 22 risk. 23 COMMISSIONER BALDWIN: Is that still kind of the -- 24 MS. HYDE: Well, they told me when I first started 25 here that it would take five years to clean our records up, 9-14-09 126 1 and this year they told me that we're looking very good. 2 We've decreased our worker's comp. I think y'all get checks, 3 and get to see those checks. Our insurance accountability is 4 much higher than it was. We continue to get reimbursements 5 from -- and we've taken charge of that. And I think that's 6 the thing -- only one of the things that they were looking 7 at. Now what I'm trying to do is do things like the wellness 8 fairs, getting health, fitness, and safety -- safety was a 9 big one. Even for insurance, safety is a big one. So, 10 trying to do all these little things to make us look and feel 11 better, but also be better. 12 COMMISSIONER BALDWIN: I don't have a great deal of 13 faith in TAC, myself. So, you know, I don't know that I 14 would hang my hat on on anything -- any of that you just got 15 through saying. But I'm for this program. And, you know, if 16 it saves us some money from the state -- I mean, from them, 17 that's cool. So, how do we do this without bending the 18 budget? 19 JUDGE TINLEY: Well, I think we give direction to 20 the Auditor to plug in a figure as part of our health 21 benefits program to make allowance for this, with Ms. Hyde to 22 develop the -- the reporting and certification criteria. And 23 I think -- I think 72 is high. 24 MS. HYDE: Yeah. 25 JUDGE TINLEY: I mentioned 40. I heard another 9-14-09 127 1 figure of 50. Let's settle on a number here, guys. 2 COMMISSIONER BALDWIN: I like 40. 3 COMMISSIONER LETZ: Forty's fine. 4 COMMISSIONER OEHLER: Forty. 5 JUDGE TINLEY: Okay. 6 COMMISSIONER WILLIAMS: Forty's fine. 7 JUDGE TINLEY: Anything else? 8 MS. HYDE: Another option. It's small, but I'd 9 like to request an additional $2,500 for rabies vaccinations 10 for the seven people at Animal Control. I thought that we'd 11 have enough money this year, that we could get it through, 12 and I don't -- I don't. In the immunizations. 13 COMMISSIONER WILLIAMS: New budget, or amendment to 14 this budget? 15 MS. HYDE: An amendment to this budget in that one 16 line item. 17 JUDGE TINLEY: Wait a minute. Wait a minute, I'm 18 confused. We're talking about the year -- current year 19 budget? 20 MS. HYDE: For next year's budget. 21 JUDGE TINLEY: Next year? That's also part of 22 the -- be part of health and fitness, I would assume, or 23 safety, either one. 24 MS. HYDE: It's in a different line item. I'm just 25 asking if I could have -- 9-14-09 128 1 MS. HARGIS: I'm sure she has enough money left in 2 her current budget to take care of it for this year. 3 MS. HYDE: Okay. So, we can have it? 4 JUDGE TINLEY: Yes. No? 5 MS. WHITT: In my budget? 6 JUDGE TINLEY: In your current-year budget. 7 MS. WHITT: Oh, yes. Yes. 8 COMMISSIONER WILLIAMS: It is. 9 MS. WHITT: Yes. 10 MS. HYDE: Okay, then we won't need it. 11 JUDGE TINLEY: Solved that problem. 12 MS. HYDE: Then we'll get it. 13 JUDGE TINLEY: Okay. That's it? Okay. Okay, any 14 other budget items? 15 COMMISSIONER OEHLER: Well, you -- under 1.24, you 16 know, it says personnel matters related to various county 17 departments. Have you called 25, or did we do 25? 18 JUDGE TINLEY: No. No, we're still on 24. 19 COMMISSIONER OEHLER: Okay, we haven't done 25 yet. 20 JUDGE TINLEY: No, we haven't done 25 yet. 21 COMMISSIONER OEHLER: I'll just reiterate, I think 22 those District Judges' budgets up there are part of that -- 23 that issue, and I would hope that other districts -- or other 24 counties within our district also will refuse to pay those 25 increases in salary. 9-14-09 129 1 JUDGE TINLEY: Commissioner, with regard to what's 2 included in 24, I think it includes anything we potentially 3 spend a nickel on. 4 COMMISSIONER OEHLER: That's what I -- the way I 5 read it. 6 JUDGE TINLEY: That's the way I intended the agenda 7 item to read. Anything else with regard to Item 24? Yes, 8 sir? 9 SHERIFF HIERHOLZER: This may go along with what 10 Bruce was trying to do. And the way I look at it or read 11 it -- and if it would help open the discussion, then under 12 Item 24, I would propose a 2 percent salary increase for all 13 county employees. If that's where we're at, we need to 14 discuss it more, which is what came up last budget workshop. 15 If this is the appropriate time. 16 JUDGE TINLEY: To include elected officials? All 17 county employees? 18 SHERIFF HIERHOLZER: All county employees. 19 JUDGE TINLEY: Okay. 20 SHERIFF HIERHOLZER: Including elected officials. 21 JUDGE TINLEY: Let me at this time go ahead and 22 call Item 25, then, to consider, discuss, and take 23 appropriate action to authorize publication of notices of 24 proposed salary expenses or -- and other allowances of Kerr 25 County elected county or precinct officers for fiscal year 9-14-09 130 1 2009-10, and set date, time, and place of public hearing on 2 same, to be considered in connection with Item 24, which is 3 still open. 4 MS. HARGIS: And in order that you -- this is the 5 capital outlay that you're seeing, but if you'll look at the 6 bottom of the page, the very bottom left-hand corner, there's 7 a note that gives you kind of an idea of what that would 8 cost. 9 COMMISSIONER WILLIAMS: What's the difference 10 between 10,450 and 12? What's the distinction there? 11 MS. HARGIS: We had originally used an estimate of 12 12 million, and in that 12 million, there are some of the 13 salaries from the other agencies in there. And the position 14 schedule shows 10,000 -- 10,450,000. 15 COMMISSIONER WILLIAMS: The position schedule 16 verifies 10,450? 17 MS. HYDE: Verifies what? 18 MS. HARGIS: 10,450,000. 19 COMMISSIONER LETZ: We have available -- quote, 20 available 250,000? 21 MS. HARGIS: We had 291. We just spent 40 of that, 22 so we're down to 251. 23 COMMISSIONER LETZ: Do we have any new 24 cost-of-living numbers? 25 MS. HYDE: They don't come out until tonight or 9-14-09 131 1 tomorrow. 2 COMMISSIONER OEHLER: They were minus two last 3 month. 4 MS. HYDE: It's normally around the 15th. 5 COMMISSIONER BALDWIN: Mrs. Auditor, are you saying 6 that the 10 million, 450 is county employees only? 7 MS. HARGIS: County employees and elected 8 officials, anyone that goes through the Kerr County payroll 9 system that we pay. 10 COMMISSIONER BALDWIN: But not D.A.'s and Probation 11 and all those other folks? 12 MS. HARGIS: Those are excluded. 13 COMMISSIONER BALDWIN: Okay. 14 MS. HARGIS: But our benchmark has been about 15 12 million, because it gave us just a benchmark. 16 COMMISSIONER OEHLER: If that was done, minus two 17 C.P.I., and you give an increase of two, that that's over a 18 4-point swing -- 4 percent swing in a down economy. I think 19 it's not the thing to do. 20 SHERIFF HIERHOLZER: I kind of disagree that it's 21 4 percent, but, you know, I would -- with that, Bruce. But 22 one of the big reasons this County did a whole lot over the 23 last number of years, not just last year -- last year was a 24 big one, but even for several years before that, getting us 25 back up to parity with other agencies, our size P.D., 9-14-09 132 1 everybody else, and that has -- the proof has been shown to 2 that. At this current date right now, I have no openings in 3 my department; 96 employees without a single opening, because 4 we do not have the turnover that those that have been on the 5 Court know has plagued the Sheriff's Office for years. And 6 all of that is because this Court has taken the action to 7 keep us up parity with -- with the agencies around. That's 8 been a major, major part of this. 9 From what I understand, we -- the other agency that 10 we have to look at around here is P.D., or -- or the City of 11 Kerrville. Now, somebody may have changed it, but from what 12 I understood, theirs was going to be 2 percent, or right at 13 it, plus then after that, they -- halfway through the next 14 budget, they're adding some merits into theirs. I'm not 15 asking for the merits to even make that go up more, but I 16 would like to see this County stay even, at least with the 17 base on the 2 percent. I know they're giving their 18 dispatchers and that more than that, which may cause me other 19 issues, but if we could stay with the -- the parity, I think 20 it would -- it's gone a long ways in the last five, six years 21 to really help our department, and that's the only one I can 22 speak of. I don't know what the rest of the department heads 23 can say, but whether it's my jail or Sheriff's Office or 24 clerical part of mine, what this County has done has been 25 fabulous, and I hate to see us have to try and do that all 9-14-09 133 1 over again in five years if we don't try and stay up. If it 2 can't be the 2 percent, Bruce, you know, do -- look at 1.5 3 seriously, anything to keep us up with our competitors. 4 C.P.I. may be one thing, but this County's got to look at 5 what do our competitors do for the staff. 6 COMMISSIONER LETZ: I'll make a motion that we have 7 a 2 percent COLA across the board, effective April 1st. 8 COMMISSIONER WILLIAMS: Effective what? 9 COMMISSIONER LETZ: April 1st. It cuts the number 10 in half for the budget year. 11 JUDGE TINLEY: I have a motion. 12 COMMISSIONER BALDWIN: Let's think about that just 13 for a second. 14 COMMISSIONER LETZ: Probably get it moving, anyway. 15 COMMISSIONER BALDWIN: 2 percent, April 1. Now, 16 why -- why the April 1? 17 COMMISSIONER LETZ: It -- one, I think the 18 likelihood of the cost-of-living increasing by that point is 19 pretty likely. And I think it also cuts the dollar amount 20 impact in half, which helps us next budget year, which we 21 know is going to be a difficult year. 22 COMMISSIONER WILLIAMS: Why -- why wouldn't you 23 just move to defer a 1 percent increase until April 1st? 24 COMMISSIONER LETZ: I just -- I just -- 'cause I 25 said 2 percent April 1st. (Laughter.) And I think 1 percent 9-14-09 134 1 is really almost meaningless. 2 JUDGE TINLEY: I think he meant what he said. 3 COMMISSIONER WILLIAMS: Apparently. 4 JUDGE TINLEY: Yeah. 5 MS. HARGIS: I just want to add, I know Kendall 6 County had a big salary survey and program, so I'm sure they 7 went up significantly. And I understand Gillespie County has 8 gone up as well. Bandera didn't -- I haven't heard from 9 Bandera. 10 MS. HYDE: Bandera is going up as well. 11 MS. HARGIS: Bandera is going up. So, I think all 12 of the -- despite COLA and everything else, the core counties 13 around us -- now, not necessarily in the whole state, because 14 I've been looking at -- a lot of the auditors on my listserv 15 say no, no, no. But our surrounding counties that we do 16 compete with are giving raises. 17 COMMISSIONER BALDWIN: Well, they're probably doing 18 what we did last year, to be honest with you. 19 MS. HARGIS: Kendall County is, but I don't think 20 the other two are. 21 SHERIFF HIERHOLZER: Kendall was already there, 22 Buster. They're going up. 23 COMMISSIONER BALDWIN: It's my turn. I watch the 24 Fox News guys and the -- and the experts on there, and they 25 say that -- and they're the only ones that know. But they 9-14-09 135 1 say there's going to be another dip, actually, in the 2 economy. Things are going to go south next year again. And 3 if we don't give a pay raise in a down economy -- and I 4 basically agree with that thinking. And then next year it's 5 going to be a down economy, and then the second dip hits, and 6 we're going to be in a down economy. We're never going to -- 7 we're going to be in the same shape, if we're not careful, 8 like we were last year, and we're all going to be back on the 9 food stamps, and it's going to -- and then trying to catch 10 up, then you're talking about another gigantic step just to 11 stay up with the inflation number. So, I -- I agree with -- 12 and don't y'all tell anybody I agreed with Rusty, but I agree 13 with Rusty this time. 14 SHERIFF HIERHOLZER: Believe me, I won't. 15 COMMISSIONER BALDWIN: We need to -- we need to 16 keep some in there and keep it going just to stay up with the 17 world revolving around us. 18 COMMISSIONER OEHLER: We may need to keep our 19 revenue to ourselves rather than giving to it employees to 20 cover the losses of revenue that are going to occur -- 21 COMMISSIONER BALDWIN: They're going -- 22 COMMISSIONER OEHLER: -- in a down economy. You're 23 going to have -- you're going to have this -- this new 24 veterans 100 percent disability deal that is going to grow, 25 and revenue loss, and all of our other revenues are down. 9-14-09 136 1 We've had some good things happen with indigent health care. 2 We have -- we have a jail contract with Gillespie County for 3 prisoners. Those two things are wonderful. But I -- and I 4 really hate to be the one that does this every year. I do 5 want people to earn a decent wage, but what they're being 6 paid now and what's happening nationwide with job losses, 7 there's no way you can compare losing a job or a position to 8 a couple of percent on top of what they're already making. 9 COMMISSIONER WILLIAMS: Well, I think there's value 10 in protecting what we did for our employees last year, and I 11 think that the point that Commissioner Baldwin makes is a 12 good point. I think we also, by deferring action, whatever 13 the percent may be, by deferring it to midyear -- mid-budget 14 year, we have, in effect, then taken into consideration the 15 potential for revenue -- some revenue losses based on the 16 enactment of the veterans disability law. That takes them 17 out of the equation, so I think we've taken a look at that. 18 The original time we talked about that, we hadn't taken that 19 into consideration, and you pointed it out to us. So, that 20 deferring does take that into effect. So, the question would 21 be, in my mind, what is -- what is a reasonable percentage to 22 take -- to accord our employees? And if we do so at midyear 23 or some other point. 24 COMMISSIONER OEHLER: So, if things don't improve 25 by midyear, you'd be willing to take that 2 percent away? 9-14-09 137 1 COMMISSIONER WILLIAMS: Well, if things don't 2 improve, or if they get worse than anticipated, right, the 3 Court always has the ability to relook at the issue, based on 4 revenue or projected revenue loss. 5 COMMISSIONER OEHLER: I just think -- 6 COMMISSIONER WILLIAMS: That's always our 7 prerogative. 8 COMMISSIONER OEHLER: It is. I just feel like that 9 a lot of times, even in our personal lives right now, if we 10 can put any dollars back, we probably ought to. 11 JUDGE TINLEY: I'm sitting on a motion, 12 gentlemen -- I'm sorry. 13 COMMISSIONER OEHLER: No, I'm through. 14 JUDGE TINLEY: I'm sitting on a motion. I don't 15 have a second yet. 16 COMMISSIONER BALDWIN: I don't think I'd second it. 17 I think I would second doing 2 percent right now for the full 18 year. 19 JUDGE TINLEY: Do I hear a second to the motion 20 offered by Commissioner Letz? Commissioner Letz' motion dies 21 for lack of a second. Do I hear any other motion in 22 connection with these two agenda items? 23 COMMISSIONER BALDWIN: I move that we do a 24 2 percent salary increase. 25 JUDGE TINLEY: I have a motion for a 2 percent -- 9-14-09 138 1 across-the-board, I assume, all Kerr County employees? 2 COMMISSIONER BALDWIN: That's correct. 3 JUDGE TINLEY: 2 percent increase for the entire 4 budget year for all Kerr County employees. Do I hear a 5 second to that motion? 6 COMMISSIONER BALDWIN: Rusty, second. (Laughter.) 7 SHERIFF HIERHOLZER: I would if I could, Buster. 8 JUDGE TINLEY: Do I hear a second to Commissioner 9 Baldwin's motion for a 2 percent? Commissioner Baldwin's 10 motion dies for lack of a second. Do I hear any other motion 11 in connection with Agenda Items 24 or 25? 12 COMMISSIONER OEHLER: I'll move that we oppose the 13 District Judges' budgets upstairs for any increases in salary 14 whatsoever for their staff for this year. 15 COMMISSIONER BALDWIN: Can we tack onto that the 16 issue of all these -- either -- either oppose the court 17 reporter issue, or have somebody come tell me how this thing 18 works. We hire people and pay them good salaries to do this 19 work, and then we turn around and hire people to do the same 20 damn work. I don't get it. 21 JUDGE TINLEY: Well, the court reporter would be 22 part of the staff on those budgets. 23 COMMISSIONER BALDWIN: Oh, is "staff" in your -- 24 COMMISSIONER OEHLER: Yes, sir. 25 COMMISSIONER BALDWIN: -- your verbiage? I'm 9-14-09 139 1 sorry. Okay. 2 COMMISSIONER OEHLER: Any increase in salaries for 3 the staff of the District Judges. 4 COMMISSIONER BALDWIN: Okay. That includes court 5 reporters? 6 COMMISSIONER OEHLER: That includes court 7 reporters. 8 COMMISSIONER WILLIAMS: Ms. Hargis? The 2 percent 9 that Commissioner Letz moved, given at the midpoint of the 10 budget, would be about 130,000; is that correct? 11 MS. HARGIS: Mm-hmm, about. 12 COMMISSIONER WILLIAMS: So, what if it were 1.5 at 13 the six-months marker? That would be what? 14 MS. HARGIS: Another half of that 130. Another 15 half of the 130. 16 COMMISSIONER WILLIAMS: 195? Just under 200,000? 17 MS. HARGIS: 65 onto 130, 195. 18 COMMISSIONER WILLIAMS: Let's try it again. 19 COMMISSIONER OEHLER: Wait a minute, we're not done 20 with mine yet. 21 JUDGE TINLEY: Wait a minute, we got a motion here. 22 COMMISSIONER WILLIAMS: I'm sorry. 23 JUDGE TINLEY: We got a motion on the floor. 24 COMMISSIONER OEHLER: And also included in my 25 motion would also include the auditor and her staff. We'll 9-14-09 140 1 get them all. 2 COMMISSIONER BALDWIN: Well, that one district -- 3 would that be district court? 4 COMMISSIONER OEHLER: That's District-appointed. I 5 mean, they appoint those positions and they set salaries. 6 COMMISSIONER BALDWIN: What is your -- 7 COMMISSIONER LETZ: What is your motion? 8 COMMISSIONER BALDWIN: What is your motion? 9 COMMISSIONER OEHLER: The motion is to reject any 10 salary increases for the district judges' staff, including 11 court reporters and auditor and her staff. 12 COMMISSIONER WILLIAMS: Is this a motion that, in 13 your mind, is symbolic in nature? 14 COMMISSIONER OEHLER: Well, I'm sure that it's not 15 a thing that's normally done. 16 COMMISSIONER WILLIAMS: That may be an 17 understatement. 18 COMMISSIONER OEHLER: But I would prefer for them 19 to understand that nobody else is really getting any big 20 raises down here, and the ones they're projecting and 21 proposing are in excess of what we're doing down here. 22 COMMISSIONER WILLIAMS: I understand your point. I 23 understand your point. 24 COMMISSIONER OEHLER: And, you know, they can 25 always mandamus us to do it. I think we ought to give them 9-14-09 141 1 that opportunity, and then see if all the other counties will 2 band with us to reject their -- their increases. 3 COMMISSIONER WILLIAMS: I guess that's where I was 4 going with the question. 'Cause sooner or later, if that's 5 their mind-set, you're going to get an order to that effect. 6 COMMISSIONER OEHLER: Well, that's fine. Then the 7 public can understand and know that they're -- they're 8 proposing and making us do this without our approval. 9 COMMISSIONER LETZ: Second. 10 COMMISSIONER BALDWIN: Wait a minute. Wait a 11 minute. 12 JUDGE TINLEY: We have a motion and a second to 13 oppose -- 14 COMMISSIONER BALDWIN: No. No, he said "reject." 15 Reject and oppose, in my mind, is two different things. 16 JUDGE TINLEY: Okay. To reject any increases in 17 staff salaries of the district courts, including court 18 reporters, and also to include auditor and staff. 19 COMMISSIONER BALDWIN: Would you change it to 20 "oppose"? 21 COMMISSIONER OEHLER: I will change it to "oppose" 22 if that will help you. 23 COMMISSIONER BALDWIN: I'll do it. 24 COMMISSIONER OEHLER: Okay, change the word to 25 "oppose." 9-14-09 142 1 JUDGE TINLEY: All right. 2 COMMISSIONER LETZ: And repeat that one more time, 3 the last part? Is there a part in there that if we give an 4 increase -- I'm not sure; there may be a motion floating 5 around here somewhere that it should be the same increase 6 that all of the county employees get. 7 JUDGE TINLEY: That's not in there. 8 COMMISSIONER OEHLER: I will add that to it, saying 9 that if those -- any increases shall be tied to what the 10 County does. 11 JUDGE TINLEY: For their employees? 12 COMMISSIONER OEHLER: For their employees. 13 JUDGE TINLEY: Okay. Is the second good on that? 14 COMMISSIONER LETZ: Yes, sir. 15 JUDGE TINLEY: Okay. We have a motion and a 16 second. 17 COMMISSIONER WILLIAMS: Oppose. 18 COMMISSIONER OEHLER: Oppose. 19 JUDGE TINLEY: That this Court oppose any increases 20 in the salaries of the district court staff, to include 21 District Court Judge's staff, to include court reporters, and 22 to include auditor and staff, which are in excess of 23 increases granted to Kerr County employees. Is that 24 correctly stated, Commissioner? 25 COMMISSIONER OEHLER: That is correct. 9-14-09 143 1 JUDGE TINLEY: Okay. And is that your second to 2 that? 3 COMMISSIONER LETZ: That's fine. 4 JUDGE TINLEY: Okay. Okay. Let's open the 5 discussion on that motion. Any discussion? 6 COMMISSIONER BALDWIN: Well, I -- I back up 7 Commissioner Oehler because of the down economy, the downturn 8 of the economy. I think this is a fair and equitable way to 9 approach this thing. 10 COMMISSIONER WILLIAMS: No, I don't -- I will 11 support it based on the change in the language, in terms of 12 "oppose" versus "reject." 13 JUDGE TINLEY: Any further discussion? 14 COMMISSIONER LETZ: I guess the question is, what 15 numbers are in the budget that we're working with right now? 16 Their numbers, or no increases? 17 JUDGE TINLEY: For their particular budgets? 18 MS. HARGIS: Their budgets, the increases are in 19 there. Keep in mind, we only pay one-fourth -- well, 20 actually -- 21 COMMISSIONER LETZ: Right. 22 MS. HARGIS: Of their budget. 23 COMMISSIONER LETZ: Okay. 24 THE CLERK: Judge, would this be under Item 24 or 25 under Item 25? 9-14-09 144 1 JUDGE TINLEY: This would be under Item 24. 2 COMMISSIONER OEHLER: Yeah, 24. 3 JUDGE TINLEY: Any further question or discussion? 4 All in favor of the motion, signify by raising your right 5 hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 COMMISSIONER OEHLER: Thank you. 10 JUDGE TINLEY: That motion does carry. Okay, do we 11 have any other motions to be offered by any member of the 12 Court in connection with Items 24 or 25? 13 COMMISSIONER WILLIAMS: Well, let's try it again. 14 I would move that -- that all Kerr County employees be 15 granted a cost-of-living allowance in the amount of 1.5 16 percent, to be effective April 1, 2010. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: We have a motion and a second as 19 indicated. Question or discussion on that motion? All in 20 favor of that motion, indicate by raising your right hand. 21 (Commissioners Baldwin, Williams, and Letz voted in favor of the motion.) 22 JUDGE TINLEY: All opposed, same sign. 23 (Commissioner Oehler voted against the motion.) 24 25 JUDGE TINLEY: The motion does carry. Are there 9-14-09 145 1 any other motions or other matters to be offered in 2 connection with Item -- first, 24? 3 MS. HARGIS: We need to talk about the capital. 4 JUDGE TINLEY: Okay. 5 MS. HARGIS: Each of you have before you a new 6 capital listing. The change is coming in basically as we 7 discussed earlier, in the park area. We have -- we 8 originally had budgeted 206,000 for the dams plus 50,000 for 9 the repair or the dredging. We have added an additional 10 200,000 to the repair of the dams. We also need -- 11 COMMISSIONER WILLIAMS: And 25,000 on the dredging. 12 MS. HARGIS: And then we added another 75,000 for 13 the dredging, so that total is 529. Our issue now is, 14 with -- estimated with issuance cost, it's at 4.6, almost 15 4.7. Our resolution said 4.1. In order for us to stay 16 within that resolution, we need to amend the resolution, 17 stating that anything over 4.7, because of the architectural 18 fees that you just entered into with -- the possible RFQ that 19 you entered into the with the architects for the building. 20 So, we'll need to amend that resolution. 21 COMMISSIONER OEHLER: What is the payoff period? 22 What's the length of -- 23 MS. HARGIS: As I recall, the financial adviser 24 said without going, you know, for a regular bond issue, we'd 25 have to -- seven years is the maximum that we can go on this. 9-14-09 146 1 Seven years. 2 COMMISSIONER OEHLER: Seven years? 3 MS. HARGIS: Seven years. 4 COMMISSIONER LETZ: What are the -- I know that 5 we're fairly broad in the use of some of these funds. Say we 6 don't use 200,000 for dredging or dam repair. How can we 7 reallocate that money? 8 MS. HARGIS: It would have to come back to the 9 Court and state that you had finished the projects that you 10 thought you had completed, or that you had -- had funds from 11 some other source. For instance, if we sell the dirt from -- 12 you know, for the dredging, that will pay for the dams; then 13 you reallocate those funds to another area, but it'll have to 14 be by resolution through the Court so that, you know, there's 15 public information. We -- 16 COMMISSIONER LETZ: The funds cannot go into the 17 general fund, correct? 18 MS. HARGIS: No, they cannot. They have to be 19 used -- the only time they can go into the general fund, you 20 could send in -- it's -- the law provides that any capital 21 money interest earned should go to the debt service fund, but 22 it does have kind of a little gray area that allows you to 23 transfer the interest income, if necessary, at the end of all 24 the projects. Not during the time that you're doing them, 25 but at the end of the projects, if you have surplus funds 9-14-09 147 1 available, you could only transfer some of the interest 2 earnings to the general fund. But most of the time, most of 3 the entities that I've been involved with over my time frame 4 have been to reallocate that to another capital project, 5 because that's what you've got the money for and it is 6 intended for. And keep in mind, you come under an arbitrage 7 agreement with this, and you have to justify this to I.R.S., 8 so you have to be very careful as to what you do with it. 9 COMMISSIONER LETZ: But the other option is, of 10 course, to repay the debt. 11 MS. HARGIS: That is the other option. You take 12 the money that's remaining and you pay down the debt, or you 13 pay down one of the other debts. You know, we have a very 14 big balloon note on the one that we did two years ago; 15 800,000, so it's a pretty big balloon. What we do is pay off 16 all the other notes; that is the last one, is 2013. The jail 17 will be paid off in 2012, and then in 2013 we have a big 18 balloon payment of 800. 19 JUDGE TINLEY: Mr. Emerson, Agenda Item Number 24, 20 as broad as it is, is adequate to amend the reimbursement 21 resolution for capital expenditure items, and to include in 22 that reimbursement resolution -- 23 COMMISSIONER BALDWIN: No. 24 JUDGE TINLEY: -- lake dredging and damage repair? 25 MR. EMERSON: I don't know. How's that for an 9-14-09 148 1 answer? It specifically mentions capital expenditure, which 2 I suspect would give it broad basis. I mean, you're going in 3 changing all the earlier obligation. 4 MS. HARGIS: I think the resolution will probably 5 have to be changed with a specific -- 6 JUDGE TINLEY: Well, the resolution has to be 7 changed, but my question to Mr. Emerson is the breadth of the 8 agenda item being adequate to cover this Court -- 9 MS. HARGIS: Increasing the capital? 10 JUDGE TINLEY: -- approving a motion which would -- 11 which would amend that resolution to increase the amount, and 12 to include the lake dredging and dam repair aspects, 'cause I 13 don't think those two items were in the prior resolution. I 14 don't have it in front of me. 15 COMMISSIONER WILLIAMS: Well, they were, but not to 16 the extent, Judge. We added money to it because we thought 17 that the dam repairs were going to exceed 100,000 per that we 18 had allocated before, so now it's 200,000. 19 JUDGE TINLEY: Was dredging in there also? 20 COMMISSIONER WILLIAMS: Dredging was in there for 21 50, and we increased it to 75. 22 JUDGE TINLEY: We're just increasing the amount, 23 then, is all we're doing. If those are already mentioned, 24 all we're doing is increasing the amount. 25 MS. HARGIS: Yes, they were already in there. 9-14-09 149 1 We're increasing the amount to the 529. 2 MR. EMERSON: May I ask a question? 3 JUDGE TINLEY: Yes, sir. 4 MR. EMERSON: And this will be to Jeannie, on the 5 accounting stuff. But if the capital money goes into the 6 dredging and the dam repair, and then we're taking money back 7 out from the -- the sand and the soil that's sold off the 8 bottom, can that be held in a separate account, or is that 9 required to be credited back against the capital bond? 10 'Cause it's resulted from that expenditure. 11 COMMISSIONER WILLIAMS: The proceeds from the 12 dredging is what you're asking about? 13 MR. EMERSON: Yeah. 14 COMMISSIONER WILLIAMS: That was the intention, to 15 escrow it for later allocation. 16 MS. HARGIS: I'm going to have to do just like you 17 do. I don't know. I've never had, in my 30 years of having 18 capital, where we actually sold a product. And then usually 19 we did put it back into capital if we did have anything, but 20 not anything of this magnitude. I would have to ask our -- 21 our tax attorney for that. 22 MR. EMERSON: Okay. Well, the reason I'm asking is 23 'cause I think they're talking about a potential of 800,000 24 to a million dollars from material dredged off the bottom of 25 the lake. 9-14-09 150 1 MS. HARGIS: We talked -- 2 MR. EMERSON: And from what I -- you know, this is 3 your area of expertise, but from what I remember, under the 4 arbitrage clauses, if we miss our projected by "X" amount, we 5 face a penalty. 6 COMMISSIONER WILLIAMS: Yeah, but arbitrage is 7 based on earnings on the amount you borrow. 8 MS. HARGIS: There are some other areas in 9 arbitrage besides the earnings, but I think as long as we 10 stayed under five million, we'd probably be okay. It's when 11 we go over the five million threshold. Again, this is an 12 area that I've not -- not been in before. I'd like to talk 13 with Tom Spurgeon and ask him, because I was not made aware 14 of that either until Friday or Thursday, when we had that 15 meeting. We're talking -- half a million is the high as we 16 talked. We didn't get -- I mean, we talked about a million, 17 but we're not sure that we'll have that much dirt. 18 JUDGE TINLEY: It's not essential that we amend 19 that resolution today, is it? 20 MS. HARGIS: No, because we still have enough for 21 the architect. But I would -- you know, I would like to see 22 at least the budget go up, and then we'll do the -- redo the 23 resolution. 24 JUDGE TINLEY: Okay. 25 MS. HARGIS: And in the meantime, I want to talk to 9-14-09 151 1 Tom and see what we have to do with those funds. I just 2 don't have the expertise on that, and I'd be afraid to 3 answer. 4 COMMISSIONER BALDWIN: I think it would be safer to 5 come back in with a -- changing the resolution itself. 6 JUDGE TINLEY: Well, that's obviously the -- if 7 we're under a real critical time constraint, that's one 8 thing, but if we're not under that time constraint, let's do 9 a specific as to the resolution, and have all of the nuts and 10 bolts in it that needs to be there for the tax or arbitrage 11 angles. 12 MS. HARGIS: I think it's the arbitrage angles that 13 we need to work on. Most of the time, the arbitrage that I'm 14 familiar with addresses the interest income, and that is 15 true, but there are some other -- other specifics, and it 16 just depends on how -- 17 COMMISSIONER WILLIAMS: There may be -- 18 MS. HARGIS: Yeah. It depends on how it's written. 19 And he's right, it is -- each issue is taken on its own. 20 Actually, there is an opinion written that you pay for on 21 every tax note of this kind where the attorney actually 22 reviews exactly what you've done, and then tells you whether 23 or not you have arbitrage on anything else other than the 24 interest earnings. So, I would like -- since Tom is an 25 expert in that field, I think we should just ask him. 9-14-09 152 1 JUDGE TINLEY: Mm-hmm. 2 COMMISSIONER WILLIAMS: Rather be safe than sorry. 3 COMMISSIONER BALDWIN: We could come back in here 4 Thursday or Friday and then have really clean, clear numbers, 5 and change -- amend the resolution and do it right. 6 JUDGE TINLEY: As far as that goes, we could 7 probably do it on the 28th. 8 COMMISSIONER BALDWIN: We could, unless we're 9 foaming at the mouth and have to get 'er done this week. 10 JUDGE TINLEY: Well, okay. 11 COMMISSIONER BALDWIN: I'm not foaming. 12 JUDGE TINLEY: All right. 13 COMMISSIONER LETZ: Buster just wants to have a 14 meeting when you're out of town. 15 JUDGE TINLEY: I see. 16 MS. HARGIS: But I would just add one thing. We 17 are getting close to the $5 million, and so we don't -- if we 18 can avoid going over the 5 million -- if there is anything 19 else that any of you have that is a capital project over the 20 next two years, please let me know about it. 21 COMMISSIONER BALDWIN: Salary increases. 22 MS. HARGIS: No. 23 COMMISSIONER BALDWIN: Let me ask you something. 24 If we were going to amend the resolution today, what would we 25 -- what would be the number that we amended it to? 9-14-09 153 1 MS. HARGIS: Well, it's at 4 million 7 right now. 2 COMMISSIONER WILLIAMS: It's what? 3 MS. HARGIS: 4 million 7. Close to 4 million 7. 4 COMMISSIONER BALDWIN: Yeah, 4,6. 5 MS. HARGIS: So you put an estimate -- it's an 6 estimate in the resolution, that you just don't go over that 7 amount. 8 COMMISSIONER BALDWIN: Could you tell me what the 9 number is? 10 MS. HARGIS: 4,7. 4 million 7. 11 COMMISSIONER BALDWIN: We're going from 4,7 to 4,7? 12 MS. HARGIS: We're going from 4,1 to 4,7. The 13 original resolution was 4,1. 14 COMMISSIONER BALDWIN: Okay, thank you. There it 15 is. Thank you very much. 16 MS. HARGIS: And, remember, the resolution is just 17 to make sure that, in case we have to spend funds prior to 18 receiving the receipt of the funds for the note, that we have 19 -- we can get reimbursed. 20 COMMISSIONER BALDWIN: God. 21 JUDGE TINLEY: Are you good on that? 22 COMMISSIONER BALDWIN: Yeah, dang right I am. 23 COMMISSIONER WILLIAMS: Practicing law is tough, 24 isn't it? 25 COMMISSIONER BALDWIN: Yeah, it is. It's not for 9-14-09 154 1 little children. 2 JUDGE TINLEY: Anything else on Item 24? 3 COMMISSIONER BALDWIN: It's not for the unlicensed, 4 I can tell you. 5 JUDGE TINLEY: Okay. Item 25, based upon the -- 6 based upon the action taken previously, it would seem that 7 there needs to be publication of a notice under provisions of 8 the Local Government Code of the proposed salary expenses or 9 other allowances of Kerr County elected county or precinct 10 officers for FY 2009-10 of the one and one-half percent 11 effective April 1, 2010, and setting of date, time, and place 12 of public hearing with respect to that. Is that your 13 understanding, Mr. Emerson, that that would have to be in 14 order to effectively go forward? 15 MR. EMERSON: Yes, sir. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER LETZ: What's the date of the public 18 hearing requirement? 19 JUDGE TINLEY: We got to give 10 days -- 10 days 20 advance notice, which means for the 28th, we're going to have 21 to get that put together within the next day or two, and 22 published not later than Wednesday. 23 COMMISSIONER LETZ: So, in a day or two. 24 JUDGE TINLEY: Or Thursday. 25 MS. HARGIS: Yes. I already have the form. I'll 9-14-09 155 1 just -- we'll just do the multiplications. I'll go over it 2 with Ms. Hyde and make sure that we're both on the same page, 3 and have the Judge review it and get it in the paper. Get it 4 over there today. 5 JUDGE TINLEY: Okay. Which means we got to set a 6 public hearing, and that's probably going to be on the 28th 7 also, probably 9:45. Don't we already have the notice set 8 for the budget at, say, 10:00 and the tax rate immediately 9 following? 10 MS. HARGIS: Yes. 11 JUDGE TINLEY: Or vice-versa. 12 MS. HARGIS: So, we'd have to have it before. 13 COMMISSIONER LETZ: I'll make a motion that we 14 authorize publication of notice for proposed salary increases 15 for Kerr County elected officials at 1.5 percent, effective 16 April 1, and set a public hearing on same at 9:45 17 September 28th. 18 COMMISSIONER WILLIAMS: Did you just say elected 19 officials, or elected officials and employees? 20 COMMISSIONER LETZ: Well, this is just -- this is 21 just a requirement for our salary or elected officials' 22 salaries. 23 MS. HARGIS: That's correct. 24 COMMISSIONER BALDWIN: May I ask a goofy question? 25 JUDGE TINLEY: Yeah. 9-14-09 156 1 COMMISSIONER BALDWIN: Yeah? 2 JUDGE TINLEY: Sure. 3 COMMISSIONER BALDWIN: The agenda item here, it 4 says "notice of proposed salary expenses and other 5 allowances." Why that verbiage? 6 JUDGE TINLEY: Because that's taken directly from 7 that provision of the Local Government Code, I believe in 8 Chapter 151, -- 9 COMMISSIONER BALDWIN: And his -- 10 JUDGE TINLEY: -- which talks about that. 11 COMMISSIONER BALDWIN: And his motion, just using 12 the word "salary" covers all that? Or do we need that -- the 13 other verbiage? 14 JUDGE TINLEY: I think it's probably adequate as 15 stated. 16 COMMISSIONER OEHLER: Only thing you're doing is 17 increasing the salary. You're not giving the other -- 18 MS. HARGIS: We still have to show them, but we 19 don't have to show the increase in that line item. 20 COMMISSIONER BALDWIN: That causes some other 21 things down the line, though. Okay. I'm just trying to 22 practice law here. I'm just trying to get a little practice 23 in. 24 COMMISSIONER WILLIAMS: Second the motion. 25 JUDGE TINLEY: Motion made and seconded as 9-14-09 157 1 indicated. Any further question or discussion on the motion? 2 All in favor of the motion, signify by raising your right 3 hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion does carry. 8 MS. HARGIS: I wanted to just make a little bit of 9 clarity here on the $20. The $20 will appear in -- in the 10 employees' paycheck, so when they request a reimbursement of 11 that $20, it will go through payroll. So -- 12 JUDGE TINLEY: So, it's like any other payroll item 13 when it comes to seeking reimbursement for matters which are 14 not authorized? 15 MS. HARGIS: It's a benefit, and it has to go 16 through payroll. 17 COMMISSIONER OEHLER: By the time that gets all 18 watered down, like this 1.5, it will have taken it all. 19 COMMISSIONER BALDWIN: Never know. 20 COMMISSIONER WILLIAMS: Got two bucks left. 21 COMMISSIONER OEHLER: Two bucks left. 22 JUDGE TINLEY: Okay. That brings us to Section 4 23 of the agenda. 24 MS. UECKER: One more, 26. 25 JUDGE TINLEY: Oh. 9-14-09 158 1 MS. UECKER: And it's just a formality. 2 JUDGE TINLEY: Seems like I misplaced that. 3 COMMISSIONER LETZ: It's right there, if you want. 4 JUDGE TINLEY: Okay. Item 26, to consider, 5 discuss, take appropriate action to establish a District 6 Clerk Technology Fund. 7 MS. UECKER: Yeah. I'd already previously 8 submitted my plan, I think last month, and it's already been 9 made a part of the record, and that resulted in this 10 notice -- this public hearing notice today. So, I just need 11 approval after the hearing so I can start charging that fee 12 today. 13 COMMISSIONER BALDWIN: So moved. 14 COMMISSIONER OEHLER: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. Question or discussion? All in 17 favor of the motion, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. Now we go to 22 section 4. Payment of the bills. 23 COMMISSIONER LETZ: Move we pay the bills. 24 COMMISSIONER BALDWIN: I second that emotion. 25 JUDGE TINLEY: Motion and second that we pay the 9-14-09 159 1 bills. Question or discussion? All in favor of the motion, 2 signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: That motion does carry. Do we have 7 any budget amendments? 8 MS. HARGIS: We have quite a few. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER BALDWIN: The -- we're on budget 11 amendments? 12 MS. HARGIS: Yes, sir. 13 COMMISSIONER BALDWIN: Okay. The first one, these 14 record management, you're moving -- tell me what that is. 15 You're moving out of group insurance into salaries? 16 MS. HARGIS: I believe we had more employees in 17 that particular line item than we indicated at the beginning 18 of the year, and so we didn't put -- I didn't put enough in 19 that line item. It ended up in salary instead of this group 20 insurance. That's a special fund. That -- 21 COMMISSIONER BALDWIN: Yeah. It's dedicated, yeah. 22 And you can -- but you can spend it on salaries? 23 MS. HARGIS: Yes. 24 COMMISSIONER BALDWIN: Okay. Okay. 25 MS. HARGIS: I think we have one or two people in 9-14-09 160 1 there -- 2 COMMISSIONER BALDWIN: Is that two full-time 3 people, or is that -- 4 MS. HARGIS: She has one. 5 MS. PIEPER: I think you're talking about Linda's, 6 aren't you? 7 COMMISSIONER BALDWIN: Oh, is this Linda's? 8 MS. HARGIS: Yeah. 9 COMMISSIONER BALDWIN: I can't keep up with you 10 people. And I'm not going to bring it up, but if I were, the 11 Court-appointed reporters -- I mean the special reporters, I 12 can't get over that. I'm sorry, that I don't understand, but 13 it's just the way I am. 14 COMMISSIONER OEHLER: We just share some of the 15 same things, Buster, and concerns. And there are some others 16 we don't, but that one, we do. 17 COMMISSIONER BALDWIN: Yeah, unbelievable. I guess 18 -- I expect that's all I have. 19 JUDGE TINLEY: Do I hear a motion that the budget 20 amendments, as evidenced by the summary reflecting Budget 21 Amendment Request Numbers 1 through 27, be approved as 22 presented? 23 COMMISSIONER LETZ: So moved. 24 COMMISSIONER WILLIAMS: Second. 25 JUDGE TINLEY: Motion made and seconded for 9-14-09 161 1 approval of the Budget Amendments 1 through 27 as presented. 2 Question or discussion on the motion? All in favor of the 3 motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion does carry. Do we have 8 any late bills? 9 MS. HARGIS: No, sir, we do not. 10 JUDGE TINLEY: Monthly reports. I've been 11 presented with monthly reports from Road and Bridge; 12 Constable, Precinct 1; J.P., Precinct 3; County Clerk; 13 Constable, Precinct 4; District Clerk; J.P., Precinct 1; 14 J.P., Precinct 4; J.P., Precinct 2; and Environmental Health; 15 and payroll for August '09 and the Treasurer's report for 16 August '09. Do I hear a motion that these reports be 17 approved as presented? 18 COMMISSIONER LETZ: So moved. 19 COMMISSIONER OEHLER: Second. 20 JUDGE TINLEY: Motion made and seconded that the 21 indicated reports be approved as presented. Question or 22 discussion on the motion? All in favor of the motion, 23 signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 9-14-09 162 1 (No response.) 2 JUDGE TINLEY: That motion does carry. Do we -- 3 we'll now move to reports from Commissioners in connection 4 with their liaison or other committee assignments. 5 Commissioner Williams? 6 COMMISSIONER WILLIAMS: The bids for the Phase II 7 of the airport construction job came in, and Commissioner 8 Letz and I both received a copy from the Airport Manager. 9 They're really kind of interesting, and they're pretty 10 consistent with what's going on in jobs that you and I know 11 about in terms of estimated costs versus actual construction 12 bids. And there were -- 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13 12 -- about 12 bids received by TexDOT for the airport 14 construction job. And it would be fair to note that TexDOT 15 engineer's estimate was 7.323 million to do that job, and the 16 low bidder came in at 4.261 million. Tells you something. 17 JUDGE TINLEY: Few million dollars less. 18 COMMISSIONER WILLIAMS: That's what's going on out 19 there. Of course, the Court remembers that we put up our 20 match for this project based on 8 million, wasn't it? Half 21 of our 10 percent -- or it was 5 percent we ended up putting 22 in? So, what's to happen, I don't know. We'll go to the -- 23 that board meeting on the 21st and we'll find out what's 24 going to go on. 25 JUDGE TINLEY: Anything else? 9-14-09 163 1 COMMISSIONER WILLIAMS: No. 2 JUDGE TINLEY: Thank you, sir. Commissioner Letz? 3 COMMISSIONER LETZ: Briefly, on ETJ, I met with 4 Councilman Motheral. Not an overly productive meeting. I'll 5 have a plan to report at our next meeting, hopefully. I know 6 he'll be gone the rest of this week, or most of this week. 7 There's some challenges there. On the appeal that the Court 8 submitted to GMA-9, Water Development Board, I think everyone 9 got a copy of a waiver from some timing issues that I worked 10 on, I guess, late last week, or week before. But also, there 11 is a meeting scheduled that was called by GMA-9 for the 21st, 12 which is next Monday, at 10 a.m. And if the Court as a whole 13 wants to go, we need to post that. I plan to attend, but I 14 don't know really -- I'm not real happy with the way it went 15 about. And Ray Buck -- they kind of just set a meeting date 16 and proposed it, and said that Ray and I have to adjust our 17 schedules to be there, bottom line. And, you know, I 18 think -- and I said I would be there for a couple -- you 19 know, part of the meeting, anyway. 20 COMMISSIONER WILLIAMS: Well, I plan to go just to 21 listen. 22 COMMISSIONER LETZ: But I don't want to -- I don't 23 recommend any -- I think U.G.R.A. takes the same position, 24 more of a listening meeting, no action really contemplated. 25 Anything -- any action item would come back to the Court on 9-14-09 164 1 the 28th. But if more people -- if the majority of the Court 2 wants to attend and listen, we do need to post it. And 3 that's it. 4 JUDGE TINLEY: Commissioner Oehler? 5 COMMISSIONER OEHLER: Nothing more than the 6 Mountain Home Fire Station has a top on it, and they're 7 framing up inside, and their fundraiser is scheduled for 8 October 10th. It's supposed to be able to be held in the new 9 fire station. 10 JUDGE TINLEY: The invite I got says it's going to 11 be there. 12 COMMISSIONER OEHLER: That's what mine said. So, 13 that's good news. And it's just -- you know, that's a great 14 thing for our end of the county. That's it for me. 15 JUDGE TINLEY: Commissioner Baldwin? 16 COMMISSIONER BALDWIN: No, sir, I don't have 17 anything. Thank you. 18 JUDGE TINLEY: Do we have any reports from elected 19 officials? Department -- 20 SHERIFF HIERHOLZER: Just one item, in executive. 21 One item in executive. 22 JUDGE TINLEY: Okay. Department heads? 23 MR. TROLINGER: I'd like to report that the Kerr 24 County Historical Society website issue has been resolved. 25 I've kept y'all in the loop on all the e-mails, and worked 9-14-09 165 1 with Commissioner Baldwin and the County Attorney, and we've 2 had a nice result. Ms. Teague, the webmaster for the Kerr 3 County Historical Commission, has presented us with a new 4 site, revamped, and it's very professional, and I believe it 5 resolves all the issues we've had. 6 COMMISSIONER BALDWIN: Thank you. 7 MR. TROLINGER: You're welcome, sir. 8 JUDGE TINLEY: Any other department heads? Okay. 9 It would appear at this time we need to go into executive 10 session very briefly, so at this time, we will go out of -- 11 out of open or public session at 12:39 p.m. 12 (The open session was closed at 12:39 p.m., and an executive session was held, the transcript of which 13 is contained in a separate document.) 14 - - - - - - - - - - 15 JUDGE TINLEY: Okay. It is 12:44 p.m., and we're 16 back in open or public session. Any -- any member of the 17 Court have anything further to offer in connection with 18 today's meeting? Hearing nothing, we'll be adjourned. 19 (Commissioners Court was adjourned at 12:45 p.m.) 20 - - - - - - - - - - 21 22 23 24 25 9-14-09 166 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 18th day of September, 8 2009. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 9-14-09