1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, May 10, 2010 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 May 10, 2010 2 PAGE --- Commissioners' Comments 5 3 1.1 Consider/discuss, take appropriate action to 4 approve MOU with Department of Public Safety for Court ID Project; authorize County Judge to sign 9 5 1.2 Consider/discuss, take appropriate action to 6 authorize advertising for bids for repair work at Flat Rock and Ingram Lake Dams 10 7 1.3 Consider/discuss, take appropriate action on 8 creation of temporary summer clerical position in Kerr County Attorney's office 13 9 1.4 Consider/discuss, take appropriate action on 10 policies and procedures for use of HCYEC 15 11 1.11 Consider/discuss, take appropriate action regarding volunteers being able to use county 12 equipment at Hill Country Youth Exhibit Center 16, 27 13 1.7 Consider/discuss, take appropriate action to set a public hearing concerning installation of a stop 14 sign at Roadrunner Lane and Sandy Lane, Precinct 2 25 15 1.9 Consider/discuss, take appropriate action on implementation of the burn ban 26 16 1.15 Consider/discuss, take appropriate action 17 relating to 2010-11 Airport Management Contract 28 18 1.13 Consider/discuss, take appropriate action on notification and request for funding to host 19 TCEQ 1-day conference/seminar for statewide OSSF Enforcement Workshop to be held May 20, 20 2010 at the UGRA Lecture Hall 42 21 1.14 Consider/discuss, take appropriate action on notification and request for funding to host 22 Dr. Oeckels' 2-day statewide Environmental Law Enforcement conference/seminar to be held Sept. 23 7th & 8th, 2010 at Inn of the Hills 48 24 1.5 Open bids for proposed HCYEC outdoor arena and refer to appropriate personnel for consideration 25 and recommendation; take appropriate action as necessary to award bid(s) 54 3 1 I N D E X (Continued) May 10, 2010 2 PAGE 1.6 Consider/discuss, take appropriate action on 3 Change Order #1 to contract with Kendnal Kasper Construction Inc. on Kerr County Sheriff's Annex/ 4 Adult Probation Building project 56 5 1.8 Consider/discuss, take appropriate action to declare May 2010 "National Community Action Month" 58 6 1.16 Consider/discuss, take appropriate action to 7 approve final construction plans for Phase IV, Kerrville South Wastewater Project 65 8 1.10 Consider/discuss, take appropriate action on 9 request from Bandera County EMS Director to have Kerr County enter into EMS contract with 10 Bandera County for EMS services rendered to a portion of southeastern Kerr County 66 11 1.17 Consider/discuss, take appropriate action on 12 proposal received from City of Kerrville relating to subdivision standards and rules in the ETJ; 13 consider/discuss, take appropriate action on other matters related to subdivision standards within 14 the ETJ of the City of Kerrville 78 15 1.18 Conference with County Attorney; consider/discuss, take appropriate action regarding legal issues 16 in response to proposal from City of Kerrville relating to regulation of subdivisions in ETJ 17 (Executive Session) 89 18 1.12 Consider/discuss, take appropriate action regarding Mr. Schulenberg's appeal to Kerr 19 County Road Administrator for establishing entire Sheppard Rees Road as a no-passing zone 91 20 4.1 Pay Bills 97 21 4.2 Budget Amendments 103 4.3 Late Bills 104 22 4.4 Approve and Accept Monthly Reports 105 23 5.1 Reports from Commissioners/Liaison Committee Assignments 106 24 5.2 Reports from Elected Officials/Department Heads 107 25 --- Adjourned 119 4 1 On Monday, May 10, 2010, 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: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court scheduled and posted for this 10 date and time, Monday, May 10, 2010, at 9 a.m. It is that 11 time now. Commissioner Letz? 12 COMMISSIONER LETZ: Yes. Would everyone please 13 join me in moment of prayer, followed by the pledge of 14 allegiance. 15 (Prayer and pledge of allegiance.) 16 JUDGE TINLEY: At this time, if there's any member 17 of the audience or public that wishes to be heard on any 18 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 If you want to be heard on an agenda item, we'd ask that you 21 fill out a participation form. They are located at the rear 22 of the room, or they should be located there. If, for some 23 reason, they -- there's not sufficient forms available, and 24 we get to an agenda item you wish to be heard on, if you 25 haven't filled out a participation form, that's fine too. 5-10-10 5 1 Get my attention in some manner, and I will give you the 2 opportunity to be heard on that item. But right now, if 3 there's any member of the audience or public that wishes to 4 be heard on any matter that is not a listed agenda item, come 5 forward and tell us what's on your mind. Seeing no one 6 coming forward, we will move on. Commissioner Letz? 7 COMMISSIONER LETZ: Yeah, a couple things. First, 8 my apologies to Bruce and -- and others at the -- it just 9 completely slipped my mind, the library function Friday 10 evening. And then to make it -- even compound it worse, 11 apologies to Commissioner Williams for forgetting to go to an 12 H.O.A. meeting with him Saturday night. I must have had too 13 much on my brain, overloaded. I apologize for those 14 forgetful -- or that forgetfulness. One thing I wanted to 15 pass around to the Court, at our last Library Board meeting, 16 they had come across -- or someone -- actually, I think it 17 was in New Jersey, found this; it was an old photo, one of 18 the few photos of the original Kerr County Courthouse. And 19 it's a -- I had no idea it looked like this, but I'll pass it 20 around. It's a neat building. And, you know, the old -- 21 evidently, there was three original courthouses. One's over 22 where Grimes was; used to kind of be the original-original, 23 frame building. Then there was a jail built, and then the -- 24 there was the courthouse built in 1887, I believe, and 25 then -- I was always under the impression that it completely 5-10-10 6 1 burned down, but from the those that have researched it, they 2 said it's not exactly correct. It did burn, and the -- it 3 was felt at the time just to tear it down and rebuild it 4 rather than refurbish it. But interesting. Interesting 5 structure. 6 COMMISSIONER WILLIAMS: Can you pass it around? 7 COMMISSIONER LETZ: Yeah. Interesting. Other than 8 that, I don't have a lot. We got a lot to do today. I've 9 been spending a lot of time, obviously, on airport and ETJ 10 issues the past couple weeks. That will take a large part of 11 our agenda today. I'll be back in Austin on Thursday to meet 12 with the -- on the state task force on model subdivision 13 rules and 232, Subchapter B and C. So, that's kind of what 14 I've been focused on a lot recently. 15 JUDGE TINLEY: Commissioner Oehler? 16 COMMISSIONER OEHLER: Well, I attended the Hill 17 Country Alliance meeting last week, and it's a good thing 18 that we have somebody that -- Buster went, too, and it's a 19 good thing; we need -- we need to keep a real close watch on 20 what they are trying to do or want to do. They think we 21 ought to have more authority, and I don't think they 22 understand we don't really need more, and nor do we want more 23 in a lot of areas that they would like for us to have. So, 24 anyway, that's it. 25 JUDGE TINLEY: I assume that their proposal is the 5-10-10 7 1 so-called "local option" basis? 2 COMMISSIONER OEHLER: Pretty much. They want us to 3 be more like cities, control everything. 4 JUDGE TINLEY: Commissioner Baldwin? 5 DEFENSE ATTORNEY: Judge, thank you. I wanted to 6 talk about one of our employee's children today just a little 7 bit, a young lady by the name of Caitlin Bollier. I don't 8 know if you realize whose kid that is; it's hard to get. But 9 freshman softball season at -- I can't remember where. 10 JUDGE TINLEY: Mary Hardin-Baylor. 11 COMMISSIONER BALDWIN: Mary Hardin-Baylor 12 University. Just ended this last week, and she was named 13 all-conference tourney team, first-team all-conference, and 14 won freshman of the year, which is huge. And I think Tim and 15 them maybe are waiting -- he won't admit it, but I think 16 maybe we're waiting for the all-American team to come out 17 here pretty quick. And -- and it would not shock or surprise 18 any of us if she wasn't on that. So, congratulations to Tim 19 and his family, and particularly Caitlin. What a -- what a 20 precious little girl she is, and quite a jock, I'll tell you. 21 Anyway, that's all I wanted to talk about. 22 JUDGE TINLEY: Commissioner Williams? 23 COMMISSIONER WILLIAMS: Well, I want to issue my 24 congratulations to Councilman Gross on his re-election, and 25 to Councilman-elect Allen on his election, and to Mr. Wampler 5-10-10 8 1 on his return to City Council. We wish them all well, and 2 thanks to all those others who put their names forward to be 3 considered. Shows their community spirit. We wish them all 4 well. Look forward to working with them. 5 JUDGE TINLEY: Is that it? 6 COMMISSIONER WILLIAMS: That's it. 7 JUDGE TINLEY: I too want to congratulate those 8 that are about to go onto Council over at the City, and we've 9 got a lot of things that we do with those folks, and we hope 10 to work with them in a cooperative way in the future. I 11 wanted to mention a notification I got dealing with the 12 Wounded Warrior Project. As most of you know, Wounded 13 Warrior Project, there are a number of facets to it, but one 14 of them provides the opportunity to hunt for those wounded, 15 disabled soldiers. Some of you may have seen press coverage 16 that occurred last hunting season, and our local L.C.R.A. 17 representative, Ms. Hoffman, brought this to my radar screen 18 and said that there's a -- there's an organization within 19 L.C.R.A. that tries to coordinate this, and what they're 20 trying to get together now are ranches, locations, properties 21 where -- where landowners are willing to allow their property 22 to be utilized for hunting by these wounded warriors. So, if 23 any of you out there know of possible properties, or the 24 landowners, and wish to have them get in touch with us or the 25 Wounded Warrior Project, why, this is their opportunity to 5-10-10 9 1 get these things lined up before hunting season next fall. 2 But it's a good program. It's a way of showing our 3 appreciation to our servicemen and women for the sacrifice 4 that they make, and it's actually quite little in -- in 5 comparison to what they are doing for our country. 6 COMMISSIONER OEHLER: That program, Judge, has been 7 expanded too in my precinct. 8 JUDGE TINLEY: I know that there have been a number 9 of properties out in west Kerr previously that have 10 participated in that project; good patriots out there, and I 11 think they're trying to expand the program to allow for more 12 hunters, more volunteers to act as guides, and -- and 13 facilitators, and so if any of you have any interest in that, 14 why, you can either contact Ms. Hoffman directly, or let me 15 know and I'll see that the word gets to the right place so 16 that you can be contacted. But I think it is a good program 17 and very, very worthy of honoring our servicemen and women. 18 That's all I have, so why don't we move on with our agenda. 19 Let me make sure we don't have a 9:15 item that I'm about to 20 get ambushed on here. First item on the agenda today is to 21 consider, discuss, and take appropriate action to approve 22 memorandum of understanding with the Department of Public 23 Safety for the Court I.D. project and authorize County Judge 24 to sign same. Mr. Trolinger? 25 MR. TROLINGER: Thank you, sir. The County 5-10-10 10 1 Attorney's reviewed the contract and found a couple of 2 significant problems with it. We're working with D.P.S. to 3 resolve it. We'd like to pass on the issue for this -- this 4 session, if we could, as a result. 5 JUDGE TINLEY: There's no particular deadline on it 6 that's going to create a problem here if we pass on it now? 7 MR. TROLINGER: That's actually one of the 8 problems. The deadline has passed, and it's on the contract 9 as a -- you know, as past due. 10 JUDGE TINLEY: I see. Maybe that needs to be 11 amended. Okay. 12 MR. TROLINGER: Thank you. 13 JUDGE TINLEY: Thank you, Mr. Trolinger. Let's go 14 to the second item on our agenda; consider, discuss, and take 15 appropriate action to authorize advertising for bids for 16 repair work at Flat Rock and Ingram Lake Dams. Commissioner 17 Williams? 18 COMMISSIONER WILLIAMS: We've gone through 19 processes with Freese-Nichols, members of the Court, and we 20 are ready to advertise for bids for the -- for the repairs to 21 Ingram Lake Dam and Flat Rock Lake Dam. This is the 22 invitation to -- for bid, and our engineer advised me by 23 telephone that it's fine for us to move forward and approve 24 this today. The plans will be -- are being sent to T.C.E.Q. 25 Dam Safety Division for their review, and any comments that 5-10-10 11 1 come back that are significant or need addition or 2 modification will be done so in an addendum to the plan. So, 3 I would move approval of the advertisement for bids for dam 4 repairs for Flat Rock Lake and Ingram Dams. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the agenda item. Questions or discussion? 8 COMMISSIONER LETZ: Question -- two questions. 9 First, on the -- what's the timetable for this work? To be 10 done next winter? 11 COMMISSIONER WILLIAMS: Summer. Doesn't have to 12 be -- 13 COMMISSIONER LETZ: This can be done when the 14 lake's full? 15 COMMISSIONER WILLIAMS: Yes, we're not lowering the 16 lakes. 17 COMMISSIONER OEHLER: You don't have to lower them; 18 it can be done any time. 19 COMMISSIONER WILLIAMS: We can do it this summer. 20 COMMISSIONER LETZ: Okay. The other question is, I 21 guess our -- Freese-Nichols is comfortable that T.C.E.Q.'s 22 not going to have any major problems? It seems odd to me to 23 be going out for bid before T.C.E.Q. has signed off. 24 COMMISSIONER WILLIAMS: He doesn't think so. He 25 thinks it's a rather perfunctory bid. 5-10-10 12 1 COMMISSIONER LETZ: Okay. 2 COMMISSIONER BALDWIN: And this is strictly dam 3 repair; doesn't have anything do with these other little 4 projects -- 5 COMMISSIONER WILLIAMS: No. 6 COMMISSIONER BALDWIN: -- that are part of the -- 7 COMMISSIONER WILLIAMS: Taking care of voids 8 underneath caps in both dams. 9 COMMISSIONER BALDWIN: Okay. 10 COMMISSIONER WILLIAMS: We've done it before. 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER WILLIAMS: It's been 25 years or more 13 since it's been done, so it's time to do it again. 14 COMMISSIONER OEHLER: We don't want that to happen 15 again, the way Halliburton did it when they raised the cap 16 and pumped in too much cement. 17 COMMISSIONER WILLIAMS: Which is not a good thing. 18 COMMISSIONER OEHLER: This is a little safer 19 method, I believe, than what was done in the past. 20 COMMISSIONER WILLIAMS: The Court may remember that 21 we did identify where the voids were; we've done that, that 22 sonar/radar type testing, so we know just about where the 23 voids are and the extent of it. 24 JUDGE TINLEY: Instead of pumping it in, we see the 25 cap rising, and saying, "Well, that's probably enough"? 5-10-10 13 1 COMMISSIONER LETZ: Not a good thing. 2 JUDGE TINLEY: In a follow-up to Commissioner Letz' 3 question, apparently the Freese-Nichols people think that the 4 way they've got things positioned for the repairs are going 5 to be totally satisfactory to T.C.E.Q. If there should 6 happen to be additional requirements imposed by T.C.E.Q., 7 they will issue an addendum to the bid documents and handle 8 it that way? 9 COMMISSIONER WILLIAMS: Yes, sir. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER WILLIAMS: Yes, sir. 12 JUDGE TINLEY: Any other question or discussion? 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 does carry. We'll go to 19 Item 3 on our agenda; consider, discuss, take appropriate 20 action on creation of temporary summer clerical position in 21 the Kerr County Attorney's office. Mr. Henneke? 22 MR. HENNEKE: Thank you, Judge, Commissioners. 23 Good morning. This morning I'm asking permission from the 24 Court to create an eight-week summer temporary clerical 25 position for assistance in the office, especially with regard 5-10-10 14 1 to file management. The idea is for it to be a college 2 student who will come in. There's a considerable amount of 3 archives of records and administrative work that we need to 4 do, but given our current workload and keeping our staff size 5 at what it is, we don't necessarily have the bandwidth do to 6 it, but I believe that with this position just for the 7 summer, it will help the office. I have the funds available. 8 We'll be coming back next Commissioners Court meeting, if 9 y'all do approve the position, to do the budget amendment, 10 but the funds are there. The need is there, and I'd like 11 y'all's permission to be able to hire somebody for the 12 summer. 13 JUDGE TINLEY: This is not an intern type 14 situation? 15 MR. HENNEKE: No, sir. With -- with the changes to 16 the F.L.S.A., an internship versus administrative/clerical 17 position have to be two different things. And the feds have 18 really been cracking down on, quote, internships that are 19 really just hiring people for no pay. So this is -- and this 20 will be a clerical/administrative position that will be 21 performing duties that probably couldn't be done as an 22 internship. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER BALDWIN: Rob, do you see this person 25 -- is this person a law student or a person that has interest 5-10-10 15 1 in law? Or is this just a -- somebody that's just going to 2 file? 3 MR. HENNEKE: Well, it's going to be an 4 administrative position, but the individual that I'm looking 5 at does have an interest in pursuing a career in law. 6 COMMISSIONER BALDWIN: Good. 7 MR. HENNEKE: This will be a good introduction for 8 that. 9 COMMISSIONER BALDWIN: Good. That's exciting, 10 good. I move for approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval. Question or discussion? All in favor of the 14 motion, signify 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: That motion does carry. 19 MR. HENNEKE: Thank you, gentlemen. 20 JUDGE TINLEY: Let's move to Item 4; consider, 21 discuss, take appropriate action on policies and procedures 22 for use of Hill Country Youth Exhibit Center. Mr. Bollier? 23 MR. BOLLIER: Good morning. I believe this is -- 24 we brought it back last week. There were some -- or last 25 Commissioners Court. And I believe it was handed to our 5-10-10 16 1 County Attorney to go over and make sure that everything was 2 okay there. 3 MR. HENNEKE: Commissioner, I reviewed the policy, 4 and also what the Commissioners discussed in open meeting 5 last Commissioners Court meeting, incorporated some of those 6 revisions. I also met with Mr. Walston, and we went over the 7 policy and had an opportunity to review it, and I believe 8 that on behalf of 4-H, that they have signed off on the 9 policy saying they understand it and agree with it, and I 10 think we have an agreed policy and procedure to present to 11 the Court here today. 12 JUDGE TINLEY: The policies that you're presenting 13 here today relate only to 4-H club use of those facilities 14 out there; is that correct? 15 MR. HENNEKE: Yes, sir. 16 COMMISSIONER OEHLER: I notice in the policy here, 17 it addresses one of the agenda items further down. In fact, 18 it's the next agenda item, I believe. Under IV, Equipment, 19 "4-H may designate in writing 4-H adult volunteers that may 20 use Kerr County mobile equipment. Prior to first use by 21 designated individual, each volunteer must receive a safety 22 check from a member of Maintenance Department." 23 JUDGE TINLEY: Commissioner, I appreciate you 24 bringing that up. Let me go ahead and call Agenda Item 11 to 25 consider in connection with this particular agenda item that 5-10-10 17 1 we're on now; that is to consider, discuss, and take 2 appropriate action regarding volunteers being able to use 3 county equipment at the Hill Country Youth Exhibit Center. 4 That gets it all out on the table. This is where it needs to 5 be. 6 COMMISSIONER OEHLER: Yeah. It's already been 7 added in this, so we can -- if we adopt this, I believe we've 8 taken care of that issue. 9 JUDGE TINLEY: That's something I gather that the 10 County Attorney has had significant input on dealing with the 11 particular equestrian events that I think we heard something 12 about last meeting, and that's something that the liability 13 issues, you're okay with those on the way this is proposed? 14 MR. HENNEKE: I am, Judge. I've had extensive 15 conversations with Texas Association of Counties, their risk 16 management, and our insuring agencies on this issue, and to 17 my satisfaction, the general liability coverage that the 18 County has covers the use of mobile equipment by volunteers. 19 And I think with the safety check, just to make sure -- not 20 necessarily from a liability standpoint, but just to make 21 sure nobody gets hurt, I think is the due diligence we need. 22 But I've been assured from our insurance carrier that this is 23 -- this is covered. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER OEHLER: This will also -- being able 5-10-10 18 1 to do this will save us having to have somebody out there to 2 plow during an event or something like that, if it's in the 3 outdoor arena. 4 JUDGE TINLEY: Mm-hmm. 5 COMMISSIONER LETZ: The -- Item 11 refers to all 6 volunteers. I wonder what other volunteers may be designated 7 to use -- or if any. 8 COMMISSIONER OEHLER: I don't know of any. I was 9 just mainly trying to target this -- this one issue of 4-H 10 Horse Club and the use of equipment at the Ag Barn for events 11 there, not necessarily anywhere else. Which I believe pretty 12 well is just -- if we adopt this, we've pretty well limited 13 the 4-H. 14 COMMISSIONER LETZ: Pretty much. I mean, this is 15 broad enough that it can be other equipment, but essentially, 16 it's just the tractor? 17 MR. BOLLIER: Yes, sir. 18 COMMISSIONER OEHLER: Yes. We're not talking about 19 people -- I don't think anybody's going to be interested in 20 volunteering to do mowing or anything like that, but it 21 really just has to do with use of the plow -- use of a 22 tractor to plow the outdoor arena. 23 COMMISSIONER LETZ: Okay. 24 COMMISSIONER OEHLER: Sometimes, like a Friday, if 25 they're going to be out there for all evening, they plow that 5-10-10 19 1 thing at least once after the initial beginning of the event. 2 COMMISSIONER LETZ: What -- I think it's covered 3 here somewhere. What is the -- I guess the policy of non-4-H 4 groups using the outdoor arena? Or do we need to worry about 5 it? And what's coming to mind is the fair. This is a -- you 6 know, in our mind, we've clearly made -- that is a 4-H 7 outdoor arena. Who -- I mean, does -- is that something that 8 4-H should be able to be involved with? Which I don't think 9 so, really. Or the -- we should do it, or -- I mean, what 10 about other use? I think we need to be careful on who's 11 using that, just from a liability standpoint and damage 12 standpoint and everything else. So, how do we address that 13 issue? 14 COMMISSIONER OEHLER: Are you talking about use of 15 equipment, or use of the facility? 16 COMMISSIONER LETZ: Facility. 17 COMMISSIONER OEHLER: I think we -- it's sitting on 18 county property, and I believe that we -- you know, no matter 19 what some people might say, the County still maintains that 20 thing. 21 COMMISSIONER LETZ: Right. 22 COMMISSIONER OEHLER: And so I believe that we do 23 have the authority to designate use of it. 24 JUDGE TINLEY: Commissioner, I think the policy 25 that's laid before us actually covers that, because it talks 5-10-10 20 1 about, "...do not conflict with any of the annually scheduled 2 events listed below." And at the top of Page 2, the last 3 item, Kerr County Fair, entire facility. I think that 4 clearly indicates that -- that they have use of the entire 5 grounds and facilities, which would include the outdoor 6 arena. 7 COMMISSIONER LETZ: Okay. 8 COMMISSIONER OEHLER: Yeah. 9 COMMISSIONER LETZ: But other than that, I just -- 10 I don't want to get in a situation that we block the outdoor 11 arena for something, then 4-H wants to use it, then we end up 12 with -- you know. I mean -- 13 COMMISSIONER OEHLER: That's rarely done, but, you 14 know -- 15 COMMISSIONER LETZ: Right. It's -- 16 COMMISSIONER OEHLER: I think probably -- well, the 17 Arts and Crafts Fair may be the only one I know of so far. 18 COMMISSIONER LETZ: Well -- 19 COMMISSIONER OEHLER: Any more than that, Tim? 20 MR. BOLLIER: Not that I know of. 21 COMMISSIONER LETZ: Okay. All right. Well, if 22 it's a problem we don't need to worry about, it's not a 23 problem. 24 COMMISSIONER OEHLER: Okay. 25 JUDGE TINLEY: Arts and Crafts Fair shows also 5-10-10 21 1 entire facility. 2 COMMISSIONER LETZ: I think that will be -- once 3 the new facility gets built, that will be -- they won't want 4 to use it. 5 JUDGE TINLEY: Mm-hmm. 6 COMMISSIONER BALDWIN: Bruce, I'm assuming that if 7 a volunteer's using a piece of equipment out there and 8 something breaks, that I'm just assuming that they have 9 enough common sense to report it to the proper authorities 10 before -- 11 COMMISSIONER OEHLER: I would surely hope so. 12 COMMISSIONER BALDWIN: Yeah, I would hope so too. 13 COMMISSIONER OEHLER: Maybe that ought to be added 14 in here somewhere. 15 COMMISSIONER BALDWIN: Well, you know, I don't know 16 that. I don't know if we need to police it that close. But 17 I would hate to see us go out and get ready to do something 18 and find our equipment broken, you know. 19 JUDGE TINLEY: The Maintenance Director might be 20 able to handle that in a safety check, that -- 21 COMMISSIONER BALDWIN: Just check. 22 JUDGE TINLEY: -- any -- any operational 23 deficiencies be reported. You know, excessive use of 24 hydraulic fluid or something like that, that they're required 25 to report it, even if it doesn't make it inoperable. I would 5-10-10 22 1 think that's part of the safety check. They got to make sure 2 that all the fluid levels are okay before they operate it, 3 and if there's any deficiency in the operational aspect, why, 4 then they'll report it. Can you handle that? 5 MR. BOLLIER: Yes, sir. It's always checked out 6 before we -- like, on Friday, when we work that arena over 7 there, the outdoor arena, we also make sure before we leave 8 it that it's full of fuel, that we check everything out, make 9 sure it's in working order. 10 JUDGE TINLEY: Well, this can be part of your 11 safety check with volunteer operators. 12 MR. BOLLIER: Yes, sir, I'll make sure. 13 COMMISSIONER LETZ: I move approval of the agenda 14 item. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Question or discussion? Mr. Walston? 18 MR. WALSTON: In regards to the entire facility, 19 it's been my understanding the entire facility included the 20 exhibit hall, the indoor arena, but excluded the outdoor 21 arena, is the way I understood the schedule with Jody in the 22 past. The outdoor arena is not included in the entire -- 23 COMMISSIONER OEHLER: I think it's about to be. 24 MR. WALSTON: -- facility when they schedule it. 25 COMMISSIONER OEHLER: I believe it's about to be. 5-10-10 23 1 It's part of the county facility. 4-H has exclusive use, 2 except on the rare occasion -- and I believe that -- you 3 know, I believe we have the authority to make that decision. 4 JUDGE TINLEY: If you recall, Mr. Walston, during 5 the fair, they've had some rodeos out there. 6 MR. WALSTON: There's been a few occasions, and 7 those are those few occasions that those were allowed to be 8 done. 9 JUDGE TINLEY: Okay. The second thing is, during 10 the Arts and Crafts Fair, they've had some old west-type 11 shootouts and other kind of -- 12 MR. WALSTON: Yes. 13 JUDGE TINLEY: -- educational and entertainment 14 functions there, so that would certainly include -- 15 MR. WALSTON: We don't -- we don't have a problem 16 with those, but we would like to be conferred with prior to 17 scheduling those so that we know that we don't have a 18 conflict with it. 19 COMMISSIONER LETZ: The only two events on here are 20 the Kerr County Fair and the Arts and Crafts show. Those are 21 annual designated times. Those are the only two that say 22 entire facility, I believe. 23 JUDGE TINLEY: Mounted Peace Officers shows entire 24 facility. Now, that may indicate excluding the exhibit hall. 25 COMMISSIONER OEHLER: The Mounted Peace Officers? 5-10-10 24 1 JUDGE TINLEY: I mean the outdoor arena. 2 MR. WALSTON: They use the indoor arena and exhibit 3 hall, is all they use. 4 COMMISSIONER LETZ: We should modify that. 5 COMMISSIONER OEHLER: That's over with. It's not 6 happening this year. 7 JUDGE TINLEY: I wasn't aware of that. Where's 8 Ms. Grinstead? There's not been a reservation made? 9 COMMISSIONER OEHLER: Hmm-mm. 10 MS. BOYD: They have it reserved for next year. 11 They do have it reserved for next year. 12 COMMISSIONER LETZ: I'll make this -- amend my 13 motion to clarify that on the mounted -- the only events that 14 say "entire facility" are the Texas Arts and Crafts Fair and 15 the Kerr County Fair, those two events. 16 JUDGE TINLEY: Mounted Peace Officers shows entire 17 facility. Excluding outdoor arena? 18 COMMISSIONER LETZ: Correct. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER OEHLER: Won't argue with that. 21 JUDGE TINLEY: Okay. Any other 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. 5-10-10 25 1 (No response.) 2 JUDGE TINLEY: That motion does carry. I don't see 3 Mr. Lewis here yet. 4 COMMISSIONER LETZ: So now we're done for a couple 5 years, until people forget about the policy. 6 JUDGE TINLEY: Yeah. Let's go to Item 7; consider, 7 discuss, take appropriate action to set a public hearing 8 concerning the installation of a stop sign at Roadrunner Lane 9 and Sandy Lane located in Precinct 2. 10 MS. HOFFER: Hi. 11 JUDGE TINLEY: Good morning. 12 MS. HOFFER: Leonard's on vacation this week, so 13 I'm standing in for him. Maria West of 132 Sandy Lane has 14 requested a stop sign at Roadrunner and Sandy Lane. We did a 15 stop sign at Roundabout and Sandy, but apparently we missed 16 the -- the one at Roadrunner and Sandy, so we need to set a 17 public hearing for a second sign in that area. So, that's -- 18 I just want to set a public hearing for June 14th at 10 a.m. 19 concerning the installation of a stop sign -- 20 COMMISSIONER WILLIAMS: So moved. 21 MS. HOFFER: -- at -- 22 COMMISSIONER OEHLER: I think we already have a 23 10 a.m. 24 COMMISSIONER WILLIAMS: Pardon? 25 COMMISSIONER OEHLER: We already have a 10 a.m. 5-10-10 26 1 MS. HOFFER: Make it 10:15? 2 COMMISSIONER LETZ: Okay. Did you make a motion, 3 Commissioner? 4 COMMISSIONER WILLIAMS: I did make a motion. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: Motion made and seconded to set a 7 public hearing on the -- public hearing concerning 8 installation of a stop sign at Roadrunner Lane and Sandy Lane 9 located in Precinct 2. Is there any question or discussion 10 on that motion? The prior court order only dealt with the 11 intersection of -- of Roundabout and Sandy Lane, correct? 12 MS. HOFFER: Correct. 13 JUDGE TINLEY: Okay. Okay. 14 MS. HOFFER: And that has been installed and 15 completed. 16 JUDGE TINLEY: Okay. Any other question or 17 discussion? All in favor of the motion, signify by raising 18 your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. The motion 21 does carry. Let's go to Item 9; to consider, discuss, and 22 take appropriate action on implementation of the burn ban. 23 COMMISSIONER LETZ: Judge, I move we extend the 24 burn ban for 90 days. 25 COMMISSIONER OEHLER: Second. 5-10-10 27 1 JUDGE TINLEY: Motion made and seconded to approve 2 the agenda item extending the burn ban for 90 days under the 3 normal statutory capabilities. 4 COMMISSIONER LETZ: Yes, sir. 5 JUDGE TINLEY: Any question or discussion on the 6 motion? All in favor of the motion, signify by raising your 7 right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion does carry. Let me call 12 Item 11 again, just to see if anybody wants to trot anything 13 else in here on it. Consider, discuss, and take appropriate 14 action regarding volunteers being able to use county 15 equipment at the Hill Country Youth Exhibit Center. 16 Commissioner Oehler, you indicated that the -- the sole 17 reason for your putting that on the agenda is related to the 18 matters discussed on the 4-H policy; is that correct? 19 COMMISSIONER OEHLER: That's correct. 20 JUDGE TINLEY: Should there be any other equipment 21 used by -- contemplated by volunteers, we can always go back 22 and establish new policy. 23 COMMISSIONER OEHLER: That was my only intent, was 24 for the Youth Exhibition Center. 25 JUDGE TINLEY: Any other member of the Court have 5-10-10 28 1 anything to offer in connection with Item 11? 2 COMMISSIONER BALDWIN: No, sir. 3 JUDGE TINLEY: Okay, let's move on. Let's go to 4 Item 13. Is Mr. Garcia here yet? 5 MR. LAVENDER: He is not. I just had a text from 6 him that he was on his way, but I don't know where he is. 7 JUDGE TINLEY: Okay. Let's go to Item 15, if we 8 might. Consider, discuss, and take appropriate action 9 relating to 2010-11 airport management contract. 10 Commissioner Williams? 11 COMMISSIONER WILLIAMS: Yes, sir. Over the last 12 few weeks, members of the courthouse staff and Commissioner 13 Letz and I have done a little -- a lot of work in putting 14 together what we would propose to the Court to be a 15 management services contract provided by the county. And at 16 this time, I'd like for the Court to review it, and we'll 17 talk about how we got to where we are. There may be a couple 18 revisions yet to be considered. In fact, I know there are. 19 But this is what we would propose to -- that the County 20 propose to the Airport Board for taking over the management 21 services as currently provided by the City of Kerrville. 22 COMMISSIONER LETZ: Commissioner, what's -- Bruce 23 wanted to be here, but I don't think it's that important that 24 Bruce is here, in my mind. 25 JUDGE TINLEY: My note said he was not going to be 5-10-10 29 1 here until about 10:30. 2 COMMISSIONER WILLIAMS: He's going to see us this 3 afternoon when we present it. 4 COMMISSIONER LETZ: I don't know that it's that 5 important, but the other thing is, why don't you go over a 6 little bit as to how it's been operated out there, just to 7 make sure everyone in the public understands why -- why we 8 are where we are, and the whole budget issue as to who's 9 paying for what out there now. That's why this has really 10 come to become an issue at this point. 11 COMMISSIONER WILLIAMS: Well, the -- the service 12 agreement that is currently in place is an extension, twice 13 -- a double extension, actually, of a contract that was 14 developed under former Airport Manager Dave Pearce, which the 15 County wanted to bid, and was essentially foreclosed from 16 making a realistic bid because of the way it was developed -- 17 the RFP was developed. Anyhow, the services were identified, 18 and the City provided those, and they did it by -- by the 19 Airport Manager working through the various assigned 20 officials at City Hall to see that services were provided. 21 There's a lot of services that go into the airport services 22 contract, and we've tried to identify all those for you. 23 The agreement that the County has with the City for 24 funding, you may recall, requires that in the 2010-11 budget, 25 we take over complete funding of the airport operations, of 5-10-10 30 1 whatever deficits there are in that operation, and we 2 determined that this would be an ideal time for us to propose 3 to perform the services as well. Under the current services 4 agreement with the city, the Airport Board, all it does is 5 pay for services rendered by somebody else. They have no 6 basic control over the -- over the personnel. They have no 7 equipment that is owned and operated -- owned and operated by 8 airport personnel, because right at the current time, the 9 only personnel there is the Airport Manager and the assistant 10 -- an assistant to the Airport Manager. So, what we've done 11 is to take a look at the services. The Court may be aware of 12 a huge proposal that delineated all the various services that 13 were to be performed. I think what I've got to do is give 14 you another document here, because the one that Jody just 15 handed out only has one of the corrections -- 16 COMMISSIONER LETZ: Commissioner, if I can add a 17 couple things to what you just said, 'cause I think it's 18 really important that the contract has always been put from 19 the City as a lump sum contract. There was components that 20 were broken out as to how they came up with that number, but 21 it was always just a flat rate, and it was -- and the City 22 has chosen never to get into specifics. It was either a -- 23 "Here's the number; we'll provide all the services," and they 24 would never discuss any of the -- the integral parts of that 25 contract. Which is always something that, you know, I've had 5-10-10 31 1 a little bit of an issue with, because there was no -- you 2 really couldn't -- I mean, seemed like there was no real 3 accountability to the budget number. Which I -- and this 4 year, with us paying -- and that included things such as 5 legal services, H.R., accounting, all those types of things 6 that -- and also oversight from the -- 7 COMMISSIONER WILLIAMS: City Manager on down. 8 COMMISSIONER LETZ: -- City Manager and/or 9 Assistant City Manager, things of that nature. And one of 10 my feelings, and I think Commissioner Williams' as well, was 11 that a lot of the things that we were being asked to pay for, 12 we're already paying for. We're already -- we already have 13 an H.R. department that we're paying, and we're not going to 14 add staff to that H.R. department. We are paying you some. 15 We have, you know, a lot of functions that we already do, so 16 it didn't make sense for us -- and seemed like it was not a 17 prudent use of tax dollars for us to be paying the City for 18 H.R. services when we're -- or Bruce McKenzie out there is a 19 Kerr County employee through the H.R. I mean, it kind of 20 just didn't make sense to me. We were double-paying for 21 things we didn't need to pay for, and that's why Commissioner 22 Williams and I spent a lot of time with primarily -- well, 23 the County Attorney -- actually, many county departments, 24 H.R., Auditor, Maintenance, and Road and Bridge, to really 25 look and go through the airport records and determine exactly 5-10-10 32 1 how much it takes to operate that airport. 2 COMMISSIONER WILLIAMS: One of the things that we 3 were never able to acquire was information as to how they 4 quantified the amount of time required to do these various 5 things. There never was any true estimate of time. These 6 were all guesstimates that went back to the original, "Oh, we 7 think it will take so much time of the City Manager, take so 8 much time of the engineer, take so much time of this one, 9 that one." Never was any quantification, or never was any 10 records kept as to how much time actually was spent during 11 the course of a -- of a fiscal year to provide these 12 services. We believe those things can be quantified, and we 13 think they can be identified, and we think we can perform 14 those services very professionally and adequately the way 15 we've identified these things. We went to Ms. Hargis, and 16 she's outlined the financial requirements, and that goes to 17 the point Commissioner Letz was making, is that, here again, 18 we can assimilate their financial requirements and reporting 19 requirements into our financial department without -- without 20 ever blinking an eye, and not adding any personnel and not 21 doing anything else to do it. And so we believe those things 22 are very -- very well-taken care of. 23 Another change that we want to identify is -- is 24 the -- is the legal services. And I've had discussions with 25 the County Attorney about that, and so we're going to change 5-10-10 33 1 some numbers for you, essentially, and we're going to -- if 2 you take a look at the sheet that describes the -- the 3 various categories and the numbers, if you'll take Number 2 4 and reduce that by $1,000 to four, and if you'll take Number 5 3, which is legal services, outside counsel, and change that 6 to 2,500, we think those are adequate -- are legitimate 7 changes. Another one that we need to quantify in terms of 8 dollars and cents to get the total is the lease -- 9 lease-purchase of a truck for maintenance purposes. And 10 going to the maintenance purposes, we wanted to point this 11 out, too. In the past, all the equipment that's used out 12 there is owned by the City of Kerrville. Airport Board owns 13 nothing except what's in the management suite, the offices 14 inside the terminal building. This proposal would envision, 15 first of all, that all these personnel under Item Number 1 16 will be under the direct supervision of the Airport Manager. 17 They'll be on the county payroll, but they'll work there 18 full-time or as needed, and be under the direct supervision 19 of the Airport Manager, as opposed to the Airport Manager 20 going and jumping through several hoops to get the work done. 21 Secondly, all of the equipment that's required will 22 be -- will be purchased, and at the end of the amortization 23 period, will become the property of the airport, and it will 24 be housed out there, not trailered in and out all the time, 25 as is currently the case. And so those are two significant 5-10-10 34 1 changes. Let's see. The -- the language on the legal 2 services, I've talked to the County Attorney about how he'd 3 like to have that styled, because we're going to be changing 4 from an approach that the City used for legal services, where 5 essentially what they said was to the extent that they could 6 do it, they would review documents and so forth and so forth 7 and so on. But if it came -- anything came into conflict 8 with the City on a legal position, they couldn't do the work. 9 So, in effect, they're forcing the Airport Board to go out 10 and hire outside counsel to do that work. We're going to 11 propose that at the outset, that the Airport Board retain 12 counsel as needed, and that the -- under legal services, 13 you'll see that what we're saying is that review lease 14 agreements, bid documents, contracts, and other instruments 15 for form and content, provide oversight and direction to 16 outside counsel if retained by the board, and that would be 17 the extent of the -- of the involvement of the County 18 Attorney. 19 COMMISSIONER LETZ: I think -- and I know this -- I 20 believe Rob can correct me if I'm wrong, but the County 21 Attorney has visited with the City Attorney to get an idea as 22 to how much time they were spending out at the airport, or 23 Mike Hayes spent at the airport. And based on Rob's estimate 24 of that and cost, I think he's comfortable with this, that 25 the Airport Board should be able to get that legal services 5-10-10 35 1 done, barring any type of major problems and lawsuits, for 2 $2,500. So, it's basically -- I mean, we're -- you know, 3 they're getting the same service that they're getting, but it 4 avoids from the outset any kind of possible conflict between 5 Airport Board and County and/or City. 6 COMMISSIONER WILLIAMS: Right. 7 COMMISSIONER BALDWIN: Commissioner, is this a 8 function of the County Attorney? Or outside counsel? 9 COMMISSIONER WILLIAMS: Basically, what we're 10 saying is if you need legal services, hire an outside -- 11 outside counsel. If our -- if the County Attorney has to do 12 anything at all, he'd be conferring with outside counsel as 13 to maybe some issues, but the County Attorney's not going to 14 be doing any of the work for them. Am I correct, Rob? 15 MR. HENNEKE: Yes, Commissioner. 16 COMMISSIONER BALDWIN: Who's reviewing the lease 17 agreements, bid documents, contracts, et cetera, et cetera? 18 COMMISSIONER WILLIAMS: The new one -- I'm sorry, 19 the new one -- I'm looking at the wrong one here. The new 20 one that Rob sent me today, the first one I handed out to 21 you, under legal services, it says provide a stipend to allow 22 the Airport Board to retain outside counsel necessary to 23 review lease agreements, bid documents, contracts, other 24 instruments as to form and content, and to advise and 25 represent the Airport Board in all legal matters as 5-10-10 36 1 necessary. Outside counsel. There will be some advice, but 2 no direct involvement. That was what Mr. Henneke and I 3 worked on this morning. So, that -- that is one significant 4 change from the language that I had put in the original that 5 you have. 6 COMMISSIONER LETZ: I think another -- I just want 7 to go back. There's a significant change in philosophy under 8 how the County thinks it should operate out there versus how 9 the City's done operation. We believe that the Airport Board 10 should be as autonomous as possible, and this does it. This 11 gets the employees working out there. We visited with Bruce 12 McKenzie, and he came up with a -- he thought that probably 13 one full-time employee would be sufficient out there, with 14 backup. He does want the backup 'cause of vacations and 15 sick -- people calling in sick. We put in this number here, 16 Bill and I did, two full-time employees for the airport work. 17 One would definitely be a full-time employee that would work 18 out there. The other employee is an equivalency that -- 19 maybe Road and Bridge and maybe the Maintenance Department, 20 and may end up out there full-time. It's kind of a -- to 21 feel our way through it, the Airport Board feel their way 22 through it, exactly how much, but we've budgeted two 23 full-time people for the airport. But initially, our 24 recommendation is that only one of those employees start work 25 out there full-time. The other one will be as-needed kind of 5-10-10 37 1 scenario, which is the way it is with the City. But the idea 2 is that to get to a position that the airport is an 3 autonomous function out there, and they're accountable for 4 the -- you know, what they're doing. They have their own 5 equipment; they maintain it. Things like if there's a runway 6 repair or something like that, then the -- then the County 7 serves -- or provides that service through Road and Bridge, 8 and that kind of number's in there. If there's some kind of 9 a maintenance issue, they're not well equipped to -- you 10 know, Tim is a backup to -- Road and Bridge Department and 11 Maintenance are certainly always there for backup, and our 12 intent is that they would have people trained for airport 13 work in both those departments to serve as that backup, but 14 the full majority of the work will be done under the direct 15 supervision of the Airport Manager, and they'll be 16 accountable for that work. I think that's a lot better 17 system than, you know, the way it currently operates. 18 COMMISSIONER WILLIAMS: The language on one under 19 the description, where all the price tags are, changes a 20 little bit. Commissioner Letz and I talked about that this 21 morning. We'll restyle that language a little bit to call 22 for two full-time employees, and -- and one will be there all 23 the time, as Mr. Letz said, and the other will be available 24 in the form of services provided through the Maintenance 25 Department or Road and Bridge or whatever. And they -- the 5-10-10 38 1 cost for materials to be used for runway repairs or road 2 repairs is built into Item Number 1 as well, and any other 3 parts and materials that are required essentially throughout 4 the entire contract are provided by the board and put -- 5 built into their budget. There's one other item that I 6 had -- 7 COMMISSIONER LETZ: Before -- Commissioner, before 8 we leave that, on the break-out, there is -- 76,000 of that 9 first number, the 110, 76,000, plus or minus, is -- 10 COMMISSIONER WILLIAMS: Personnel. 11 COMMISSIONER LETZ: -- personnel, plus the run-up 12 for all, you know, the other stuff. And about -- 13 COMMISSIONER WILLIAMS: About 25 or 30. 14 COMMISSIONER LETZ: -- 25,000 to 30,000 is built in 15 for Road and Bridge to go out there and do repairs and 16 maintenance and things. And that's a pretty large number. I 17 mean, most of that -- of the -- I mean, the runways, 18 taxiways, a lot of that's been redone recently. Leonard's 19 gone out there, and he's very comfortable with that number. 20 And that also, over a period of time, gets the whole airport 21 into the county maintenance system for road repairs and 22 things of that nature. 23 COMMISSIONER WILLIAMS: Reality is that with the 24 current project under way out there, construction project 25 taxiways are being relocated, so under the relocation, it 5-10-10 39 1 will all be basically brand-new. A huge portion of the Loop 2 road is being rerouted and relocated. The Loop road, for all 3 practical purposes, a large segment of that will be 4 brand-new, which reduces some of the maintenance costs and so 5 forth. But we've built in what we believe is sufficient to 6 get it done. It can always be fine-tuned a little bit later 7 if necessary, but we'll restyle that first one a little bit, 8 but the number stays the same. The other number that I don't 9 have, and I've asked Ms. Hargis for it, is Item Number 12P. 10 This too goes with the change in philosophy, and that has to 11 do with the maintenance truck, lease-purchase. That's for 12 unit cost -- thank you, Tracy -- for a lease-purchase for a 13 vehicle, a truck. And so what we're looking at is $7,000 -- 14 $7,500; is that correct? 15 MS. HARGIS: Yes. That was on a three-year lease. 16 We could do a four-year lease. 17 COMMISSIONER WILLIAMS: 7,523 per year for three 18 years. 19 MS. HARGIS: Mm-hmm. 20 COMMISSIONER WILLIAMS: Okay. As opposed to 5,000 21 down there. So, you'll change that number to 7,523. And 22 then the total -- the total will be -- looks like about 56, 23 58 -- about $158,000. 24 COMMISSIONER LETZ: I think it's significant, for 25 those that probably haven't spent as much time as Bill and I 5-10-10 40 1 have, the City proposal is -- 242,800? 2 COMMISSIONER WILLIAMS: Yeah, 242,880, I believe. 3 COMMISSIONER LETZ: The number. We came in -- and 4 there's quite a bit of extra in ours. I mean, I would be -- 5 I really can't envision them spending the amount of money 6 that we're allocating out there. It's possible that's what 7 -- you know, but we're still coming in, you know $80,000, 8 plus or minus, lower than the City. And we've built in quite 9 a bit in there. As an example, we have $5,000 in there for 10 engineering. I can't imagine any engineering going on on any 11 project there that isn't part of the project. I mean, they 12 don't need engineering. Anything to do with the -- they have 13 to survey and all that, but anything done, it's a contract, 14 and that's going to be specifically engineered, and those 15 funds are part of the contract. So, we've put in 5,000. I 16 just -- I really don't see how they can spend 5,000 on 17 engineering out there, but we put it in there just because 18 it's -- to kind of make sure that we're covering all areas. 19 The only project they really have that I'm aware of 20 on the horizon that hasn't already been engineered is 21 building some T-hangars, and then again, that will be part of 22 that project, and it would be -- the cost of that would be 23 rolled into that project, so it wouldn't take outside 24 engineering. The number that the City, you know, has 25 asserted they'd use for engineering out there has largely 5-10-10 41 1 been for the water lines and some of the work related to the 2 water line project, expansion of all that. And, to me, that 3 should be a city -- you know, and even there, the actual 4 engineering for the construction was rolled into the 5 contract, a separate number. But the -- the city review of 6 that project, that's a City-owned system; they should review 7 it. You know, it's nothing to do with the airport. They 8 don't own that system. So, I think that it's a -- you know, 9 there's -- we have overestimated, and we're still 80,000 10 lower than the City thinks they can do the work for. 11 COMMISSIONER WILLIAMS: Exactly. The same 12 philosophy applies to the I-tech -- I.T. and geo-tech 13 services. We can certainly have our I.T. Department give the 14 oversight necessary for their I.T. services they need out 15 there. If the geo-tech services are necessary, they can be 16 purchased on an as-needed basis, 'cause we don't have that 17 basic capability. Same thing applies. It's pretty common 18 knowledge that the Airport Board is looking very seriously at 19 building some new T-hangars out there, and they've asked the 20 folks that are going to be doing the master plan and the new 21 master plan to take a look at that issue very carefully, and 22 that's just a good illustration. If that comes about, 23 obviously, the engineering that's going to be required is 24 going to be built into that project. It's not going to be 25 required of us to -- to do a great deal about that. So, I 5-10-10 42 1 think that's the story. And -- 2 COMMISSIONER BALDWIN: Good. Let's vote. 3 COMMISSIONER WILLIAMS: I would move approval of 4 the submission of a bid on behalf of Kerr County for the 5 Airport Board to provide airport management services for the 6 fiscal year '10 and '11, as described today, for the revision 7 of the number -- bottom line, that will be somewhere in the 8 vicinity of $158,000 after we retotal it. 9 COMMISSIONER LETZ: Second. 10 JUDGE TINLEY: Motion made and seconded. Question 11 or discussion on the motion? 12 COMMISSIONER LETZ: And that includes the minor 13 changes we just made today, Commissioner? 14 COMMISSIONER WILLIAMS: Yes, all the things we 15 talked about today. 16 JUDGE TINLEY: Any member of the audience have 17 anything to be heard on that? All in favor of the motion, 18 signify by raising your right 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. Now 23 let's go back to Item 13, if we might. Consider, discuss, 24 take appropriate action of notification or request for 25 funding to host the T.C.E.Q. one-day conference/seminar for 5-10-10 43 1 statewide On-Site Sewage Facility enforcement workshop to be 2 held May 20th, 2010, at the U.G.R.A. Lecture Hall here in 3 Kerrville. Mr. Garcia? 4 MR. GARCIA: Morning. 5 JUDGE TINLEY: Morning, sir. 6 MR. GARCIA: Last December, 2009, the T.C.E.Q. from 7 Austin announced that they were looking for a host for their 8 annual O.S.S.F. enforcement seminar. Kerr County 9 Environmental Health dropped their name in the hat to host 10 this conference, and subsequently was selected. The aim of 11 this workshop is to provide -- to provide those counties who 12 are authorized agents to provide the information and 13 guidelines in enforcement for their designated 14 representatives, county and city attorneys, judges, J.P.'s, 15 law enforcement, and administrative personnel that are 16 involved or represent the program. The information will 17 assist those in their everyday enforcement duties and 18 responsibilities in their jurisdiction. The presentation 19 will include information related to the authority and 20 responsibility to enforce, limits of their authority, 21 investigative procedures, notification and violations, 22 preparation of case for court, and other issues of 23 enforcement. I'm not asking for funding. This is a 24 notification. U.G.R.A. has accepted to co-host with us, and 25 will be providing the facilities for this enforcement class. 5-10-10 44 1 Again, this is May the 20th, it's handed out, and it's for 2 all those individuals across the state of Texas who are 3 involved in O.S.S.F. enforcement. So -- 4 JUDGE TINLEY: What do you anticipate the 5 attendance to be? 6 MR. GARCIA: Well, since this goes out statewide, 7 in those counties who are authorized agents, past classes 8 have held 50 to 60 personnel on this enforcement class. It's 9 hard to say. Sometimes you get 150; sometimes you get 50. 10 The numbers just vary depending on the time of year this is 11 held. We tried -- T.C.E.Q. tried to put it out in respect to 12 -- with respect to those budgets, county budgets, and we're 13 hoping that we get a good turnout here. It's T.C.E.Q. 14 funded. So -- so, again, co-hosting with U.G.R.A., and 15 they're providing the facilities. We have the opportunity to 16 provide this for all those statewide. 17 COMMISSIONER LETZ: So, what is the -- what are we 18 -- what do you need from us? 19 MR. GARCIA: I just -- I said I was going to notify 20 you guys. The funding, there's -- there will be no funding 21 on this. 22 COMMISSIONER LETZ: So, you're just -- 23 MR. GARCIA: This is just notification. 24 COMMISSIONER LETZ: And I'll make a motion that we 25 support you hosting it. 5-10-10 45 1 COMMISSIONER WILLIAMS: Are we co-sponsoring? Is 2 that what you're saying? 3 MR. GARCIA: We are hosting, and U.G.R.A. is 4 co-hosting with us. 5 COMMISSIONER WILLIAMS: So we're co-hosting? 6 MR. GARCIA: Yes, co-hosting. 7 COMMISSIONER WILLIAMS: Second. 8 COMMISSIONER OEHLER: At no charge. I like that. 9 MR. GARCIA: No charge. 10 COMMISSIONER WILLIAMS: That's good, isn't it? 11 JUDGE TINLEY: Ray, when you and I talked about 12 this, you had mentioned that -- that there may be some 13 budgetary impact insofar as maybe providing some refreshments 14 at breaks or something like that, and I mentioned to you that 15 maybe we ought to put it on the agenda to get you some 16 funding to do it, and you said, "No more than it's going to 17 be, I can absorb that in my budget," I assume through the 18 educational components of it? 19 MR. GARCIA: Through my conference budget, yes, 20 sir. 21 JUDGE TINLEY: Okay. So you're not asking for any 22 funding, but there will be some budgetary impact to your 23 office? 24 MR. GARCIA: Sure. 25 JUDGE TINLEY: A minor amount? 5-10-10 46 1 MR. GARCIA: Sure. 2 COMMISSIONER BALDWIN: You know, at most of these 3 conferences we go to, there's a break sponsored by the 4-H 4 type people that make cookies and cakes and things. 5 COMMISSIONER WILLIAMS: Are you volunteering? 6 COMMISSIONER LETZ: He's volunteering 4-H. 7 COMMISSIONER BALDWIN: I'm not volunteering 8 anybody, I'm just suggesting that this happens. 9 COMMISSIONER WILLIAMS: Cookies for everyone. 10 COMMISSIONER BALDWIN: Everyone. 11 COMMISSIONER OEHLER: I think Convention and 12 Visitors Bureau maybe could take a -- 13 JUDGE TINLEY: Well, amazingly, this could have 14 some appreciable degree of economic development impact. 15 COMMISSIONER WILLIAMS: Right. 16 JUDGE TINLEY: Folks come -- this is on Thursday, 17 as I recall, isn't it? 18 MR. GARCIA: Yes, sir, this is Thursday, May 20th. 19 JUDGE TINLEY: Basically an all-day thing. Folks 20 may want to stay over and spend a little time the weekend 21 before Arts and Crafts Fair. 22 MR. GARCIA: I'm sorry, this is -- the way it's set 23 out for those officials, the timeline they put on there, it's 24 a four-hour class. Starts at 9:30, they sign up. 25 10 o'clock, class starts. Break for lunch, back at 1:00, 5-10-10 47 1 1:00 to 3:00, and then it's over. So, it is designed for 2 officials and those other people who have busy schedules. 3 COMMISSIONER LETZ: Okay. 4 JUDGE TINLEY: I have a motion. 5 COMMISSIONER WILLIAMS: You don't need any funding? 6 MR. GARCIA: No. 7 COMMISSIONER WILLIAMS: Even though the agenda item 8 says funding. 9 JUDGE TINLEY: We have a motion and a second 10 approving the agenda item, and in support of hosting the 11 function -- co-hosting the function; is that correct, 12 gentlemen? 13 COMMISSIONER BALDWIN: And we're talking about 14 septic tanks here. 15 JUDGE TINLEY: Yeah. 16 MR. GARCIA: We're talking about septic tanks, 17 Commissioner. 18 COMMISSIONER BALDWIN: All-righty. 19 JUDGE TINLEY: Any further question or discussion? 20 All in favor of the motion, signify by raising your right 21 hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. Let's go to 5-10-10 48 1 Item 14, to consider, discuss, take appropriate action of 2 notification and request for funding to host Dr. Oeckels' 3 two-day statewide environmental law enforcement conference 4 seminar to be held September 7 and 8, 2010 in the Inn of the 5 Hills Conference Center. Mr. Garcia? 6 MR. GARCIA: This conference will be co-hosted with 7 Constable, Precinct 1. Recently I had a chance to invite 8 Constable, Precinct 1, John Lavender, to attend an 9 environmental enforcement class with me in Austin. Constable 10 Lavender? And he graciously accepted and attended with me 11 this environmental class. This conference class is designed 12 to -- for enforcement officers in the state of Texas who 13 handle environmental criminal law. This conference covers 14 the Texas Health and Safety Code 341, 343, 365, and the Texas 15 Water Code, Chapter 7, and the Texas outdoor burning rule. 16 These are all the state laws that we use here in Kerr County, 17 and they cover everything from illegal dumping to public 18 nuisances, which you well know; many of your constituents 19 call you and give you oral complaints for a lot of these laws 20 that are being violated. Well, again, I had invited 21 Constable Lavender with me to this conference, and he had a 22 chance to see firsthand the impact or the amount of those who 23 attended this law enforcement seminar, which enlightened him 24 on what we do, since he does carry our commission. 25 MR. LAVENDER: Let me beat Ray's drum just a little 5-10-10 49 1 bit. As we sat through the conference, there was about 150 2 participants, and Dr. Oeckles was one of the partial 3 presenters. As they would cover a topic, I would look at 4 Ray, and he said, "Yeah, we already do that." And then we'd 5 get to another topic; I'd say, "Do you do that?" "Yeah, we 6 already do that." So, I think what Ray is doing here is kind 7 of on the spear's point of what we need to be doing for a 8 safe and healthy environment, more for Kerr County, and share 9 it with the rest of the state. So, he gets an "attaboy" for 10 being in the lead. It's very enlightening. Some of things 11 that I found is there is some civil action that, as the 12 County, we can take and do this enforcement and not end up in 13 criminal action, and that was news to me. And then some of 14 the things that we can enforce criminally was like, "Oh." 15 And so it was very enlightening to me, and that was an 16 introductory for me and an enforcement for Ray. But I think 17 this next one would be even better for enforcement officers, 18 prosecutors, commissioners, and city councilmen to understand 19 how we can maintain a safe environment for Kerr County 20 citizens. 21 JUDGE TINLEY: Ray, let me ask you, your agenda 22 item also mentions funding in connection with this statewide 23 conference. Give us the particulars on the funding issue, if 24 you would, please. 25 MR. GARCIA: Well, we've been working closely with 5-10-10 50 1 AACOG, the Resource Recovery Committee, Georgia Zannaras. I 2 put a request in through her for her to actually host and 3 cover the cost. AACOG Resource Recovery Committee usually 4 puts these conferences on in bigger cities. So, again, 5 requesting for her to cover the cost -- for AACOG to cover 6 the cost was an idea early on. And also, it was -- I think 7 it was at a time when -- again, and this conference -- when 8 they hold these conferences in larger cities, we always 9 attend in those bigger cities, and I thought, well, you know, 10 why not bring them here to Kerr County? And, you know, let 11 them see Kerr County, and then, you know, hopefully this 12 thing will turn into an annual event. So, in talking with 13 AACOG and Dr. Oeckles and Constable Lavender, it was 14 suggested, "Hey, let's ask AACOG." We had originally wanted 15 to hold this conference in July. Talking to AACOG, it was 16 better if we moved it to September to capture their start of 17 their new budget. In correspondence with her last Friday, 18 funding looks very favorable for us, and we are working 19 currently on that issue with AACOG. So, again, she had 20 mentioned to us to via e-mail that things look really good 21 for them to cover our costs. 22 COMMISSIONER WILLIAMS: "Her" is Dr. Zannaras who 23 heads the Resource Recovery; is that correct? Or have you 24 been dealing with Ms. Arriaga? 25 MR. GARCIA: No. No, Georgia Zannaras. Yes, sir. 5-10-10 51 1 COMMISSIONER WILLIAMS: And she heads the Resource 2 Recovery. 3 MR. GARCIA: Yes, sir. 4 COMMISSIONER WILLIAMS: She's saying to you that 5 funding is more than likely to be forthcoming? 6 MR. GARCIA: Yes, favorable. 7 JUDGE TINLEY: Are you asking for funding at this 8 time? 9 MR. GARCIA: Not at this time. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER LETZ: What's the -- what's the 12 estimated amount -- or what are you asking from AACOG? How 13 much? What's the cost to put this conference on? 14 MR. GARCIA: The cost will be $5,000. That will be 15 covered through AACOG. 16 COMMISSIONER LETZ: Okay. 17 MR. GARCIA: And we -- 18 COMMISSIONER WILLIAMS: Is that providing the 19 conference space at the hotel and everything? 20 MR. GARCIA: That is everything. Currently, we 21 paid -- we had put down the retainer to hold the conference 22 rooms, but we will submit that receipt with the funding to 23 AACOG, 'cause we have to hold the conference room for the two 24 days that we want to do it. And then Georgia explained to me 25 just to go ahead and submit that with the cost; that will be 5-10-10 52 1 covered through AACOG. Commissioner Baldwin, we are looking 2 at sponsors, again, for the refreshments in and those areas 3 to cover that. Judge Tinley and I talked about that, so 4 we're going out actively looking for sponsors, people to 5 sponsor a breakfast each day. 6 COMMISSIONER BALDWIN: Have you considered the 4-H 7 people? 8 MR. GARCIA: Well, now we will, since you brought 9 that up. 10 COMMISSIONER BALDWIN: Let me ask you, Dr. Oeckles, 11 is he the gentleman that you had in here a couple years ago, 12 out at the Ag Barn? 13 MR. GARCIA: Ag Barn, yes. 14 COMMISSIONER BALDWIN: Same fellow? 15 MR. GARCIA: Right. 16 COMMISSIONER WILLIAMS: He's the one that wrote the 17 textbook. 18 COMMISSIONER BALDWIN: Yeah, he's the godfather of 19 outdoor burning. 20 COMMISSIONER LETZ: So, there will be no tax 21 dollars used to put on this conference, correct? 22 JUDGE TINLEY: That's the plan. 23 MR. GARCIA: That is the plan. And it looks 24 favorable. 25 COMMISSIONER OEHLER: Sounds like a good plan to 5-10-10 53 1 me. 2 JUDGE TINLEY: But Kerrville and Kerr County's 3 going to get the benefit of all these visitors. 4 MR. GARCIA: Most definitely. Because, again, this 5 is targeted to -- the participants usually include local 6 environmental enforcement officers, police officers, deputy 7 sheriffs, constables, county attorneys, city attorneys, 8 judges, J.P.'s, commissioners, mayors, city managers, 9 municipal court enforcement officers, registered sanitarians, 10 so everybody gets to -- 11 COMMISSIONER LETZ: Okay. 12 COMMISSIONER WILLIAMS: Ray, are we co-hosting with 13 AACOG, or is AACOG the sole sponsor? 14 MR. GARCIA: AACOG will be the sole sponsor if they 15 pick up the tab. Then we'll just switch it and we will again 16 co-host with them. They'll be the host here in Kerrville for 17 us, if that makes any sense. 18 COMMISSIONER OEHLER: Sounds like a plan to me. 19 Wonderful. Get some more people in Kerrville. 20 JUDGE TINLEY: Mm-hmm, economic development. 21 COMMISSIONER OEHLER: Spend money and then go home. 22 COMMISSIONER WILLIAMS: All you're asking for is 23 Commissioners Court support of this? 24 MR. GARCIA: Yes. 25 COMMISSIONER WILLIAMS: For this coming seminar? 5-10-10 54 1 MR. GARCIA: Yes. 2 JUDGE TINLEY: At this time. 3 MR. GARCIA: At this time. 4 COMMISSIONER WILLIAMS: So moved. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: We have a motion and a second in 7 support of the conference by the Court. Question or 8 discussion? All in favor of the motion, signify by raising 9 your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion does carry. Thank you, 14 Mr. Garcia. 15 MR. GARCIA: Thank you. 16 COMMISSIONER BALDWIN: Let's go back to our 17 10 o'clock timed item, if we might. Open bids for proposed 18 Hill Country Youth Exhibit Center outdoor arena and refer 19 bids to appropriate personnel for consideration and 20 recommendation, and take appropriate action as necessary to 21 award bids. I've been advised by the clerk's office this 22 morning, where I understand the bids were to be submitted, 23 that none have been submitted. They may have been submitted 24 elsewhere -- oops, hold it. Somebody brought me a whole -- 25 it's Christmastime. Excuse me. 5-10-10 55 1 THE CLERK: Just delivered this morning. 2 COMMISSIONER LETZ: They were delivered 9:30, 3 9:41, -- 4 JUDGE TINLEY: Okay. They had until 10 o'clock 5 this morning to -- to submit? 6 THE CLERK: I don't know. 7 MR. LEWIS: Yes. 8 JUDGE TINLEY: First bid we have -- well, let me 9 find it. What page do you have the -- 10 COMMISSIONER LETZ: Page 2 of 3. 11 JUDGE TINLEY: Okay. Feller Fabrication is the 12 first one. There are three bid components. Demolish the 13 existing, 16,250. Bid Package B, construct new arena and 14 press box only, 137,500. Bid C, which would include both A 15 and B, 147,500. The next one is from -- hopefully I'll 16 pronounce this -- Socen, Inc., d/b/a Southwest Fabricators. 17 Bid Package A, $25,000. Bid Package B, $115,950. C, 18 $135,950. Next one is from Kendnel Kasper Construction. 19 Package A, $7,885. B, $152,100. C, $159,725. The last one 20 is from Heritage Construction. Package A, 16,500. Package 21 B, 171,859. Package C, 188,359. 22 COMMISSIONER LETZ: Judge, I move we accept all 23 bids and refer them to Peter Lewis for review and 24 recommendation. 25 COMMISSIONER OEHLER: Second. 5-10-10 56 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded to accept 3 all the bids submitted and refer to Peter Lewis Architects 4 for review and recommendation. Question or discussion on 5 that motion? All in favor of the motion, signify by raising 6 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. Let's move 11 to Item 6; consider, discuss, and take appropriate action on 12 Change Order Number 1 to contract with Kendnel Kasper 13 Construction, Inc., on Kerr County Sheriff's Annex/Adult 14 Probation building project. I put this on the agenda to come 15 before the Court. Essentially, what we have, gentlemen, is, 16 if the Court recalls, the site package portion of the bid we 17 pulled out of the award and put that in our Road and Bridge 18 Department. Mr. Leonard Odom advised us at that time that 19 there were some components that weren't within his bailiwick 20 of ability and expertise; specifically, the utilities, and 21 secondly, the concrete work. What this change order does, it 22 takes those components of the site work bid package, lays 23 them over onto Kendnel Kasper for the consideration as shown 24 in the change order. As I recall -- and Mr. Lewis can 25 probably give me some better confirmation of this, or 5-10-10 57 1 correction as needed -- the utilities component was 2 approximately $35,000, and the -- the concrete component bid 3 separately was actually significantly more than what it came 4 in at on this change order, but there was a turnkey bid 5 awarded to the concrete contractor, and Mr. Odom and the -- 6 and the site personnel, in working with Kendnel Kasper, got 7 together and figured out what part of that belonged with this 8 part and what part belonged to them. And Leonard said it was 9 very equitable and favorable distribution to us, and that's 10 how those numbers were derived. 11 COMMISSIONER LETZ: Move we approve Change Order 1 12 as submitted. 13 COMMISSIONER OEHLER: Second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval of the agenda item. Question or discussion on the 16 motion? 17 COMMISSIONER LETZ: For the record, the amount of 18 that change order is $71,738.59. 19 COMMISSIONER BALDWIN: Thank you. 20 JUDGE TINLEY: Further question or discussion? All 21 in favor of the motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. We 5-10-10 58 1 appreciate your cooperation, Mr. Steinruck, and we'll 2 continue to work with you to get this project going forward. 3 MR. STEINRUCK: Thank you. 4 JUDGE TINLEY: Thank you. Okay, we're at the 10:15 5 item now. Let's go to Item 8; consider, discuss, and take 6 appropriate action to declare May 2010 as National Community 7 Action Month. We have Ms. Felecia Gonzales of Community 8 Council of South Central Texas here, I believe. 9 MS. GONZALES: I'm here. 10 JUDGE TINLEY: Thank you. 11 MS. GONZALES: Hi. My name is Felecia Gonzales, 12 and I'm the county coordinator for Community Council of South 13 Central Texas. What we are is a nonprofit agency that we 14 assist Kerr County and surrounding counties. I have four, 15 which is Kerr County, Bandera, Kendall County, and Gillespie 16 County. We assist the low income families with utility 17 assistance, rent assistance, and prescription assistance. 18 Last year, 2009, a total of all four of our counties, we 19 assisted over 3,000 families -- or 3,000 individuals with 20 these needs. It's a great need here in Kerrville. Our 21 agency has been around since 1940 -- 1964. Sorry, I'm 22 nervous. I'm not used to doing this. We assist low income 23 families. Not a lot of people, unfortunately, know about us 24 here in Kerrville. We are growing. We are seeing more and 25 more people every day. But we help people as much as we can. 5-10-10 59 1 An example of this is we had one client that came 2 in that has a child who is disabled, and a young mom, didn't 3 really have anybody to help her with the child, but wanted to 4 attend classes, go to college. Wasn't able to do this, so 5 what we did is we went out, we found this young lady a 6 computer that she can use at her home, and we also was able 7 to get internet service for her. So, that's one example of 8 what we do. Another example of what we have done is there's 9 an elderly gentleman who receives Social Security that is 10 waiting to be put on the kidney transplant list, but before 11 he could get that done, needed to have some dental work done. 12 And, of course, Medicare will not pay for much dental work, 13 so we found a dentist who will provide that service to him at 14 no charge so he can get some teeth extracted, get them 15 cleaned, and then be put on the transplant list. But what we 16 are looking for is, this month is Community Action Month. 17 And I submitted a proclamation that I'm asking for the County 18 Judge to sign, and then Thursday we're having open house, 19 lots of homemade goodies from 1:00 to 3:00. 20 COMMISSIONER BALDWIN: Uh-huh. 21 MS. GONZALES: So stop by, anybody, everybody. 22 MR. GARCIA: Where'd Ray go? There he is. Go by 23 on Thursday with your truck. (Laughter.) 24 MS. GONZALES: People don't really know where we 25 are. Our address is Guadalupe Plaza, which people consider 5-10-10 60 1 Guadalupe Street. I think the Yahoo map and everything 2 misleads people, but we are behind Jack-in-the-Box. 3 COMMISSIONER WILLIAMS: Where? 4 MS. GONZALES: Behind Jack-in-the-Box. So... 5 COMMISSIONER WILLIAMS: I'm curious about this. I 6 -- you know, I think it's a -- Community Action Month is 7 good, but I also know that your agency operates out of 8 Seguin. 9 MS. GONZALES: It's our main office, yes, sir. 10 COMMISSIONER WILLIAMS: And the amount of your 11 involvement in Kerr County has been, to my knowledge, since I 12 sit on the AACOG Board, maybe relatively obscure. And I'm 13 wondering why and how you are going to do some of the things 14 that you indicate here that you're going to do. Who staffs 15 your operation? How long is it open? What services do you 16 provide? What programs do you administer? Maybe you can 17 enlighten us a little bit. 18 MS. GONZALES: Okay. I started with the agency 19 about two years ago. When I started, it was just myself in 20 the agency -- or in this office, and -- I'm sorry -- since 21 then, I've been able to hire a full-time assistant, Corie 22 Hanauer. She is in the Kerrville office Monday through 23 Friday, seeing Kerr County residents, and any -- any counties 24 that we service, any of the four counties. I travel one day 25 a week to the other counties. We assist people with the 5-10-10 61 1 utilities assistance; we assist them with rent assistance, 2 and we assist with prescription assistance. We also have -- 3 I have three Section 8 houses here that I do the yearly 4 inspection on, and we also have a heating and cooling program 5 that we do for our low income families. If they need -- if 6 their A/C is not working, or not working properly, then we 7 can get somebody to go out and look at it, and either fix it 8 or replace it. We also are working with AACOG on the 9 weatherization where we are giving out the weatherization 10 applications. They can turn them in to our office. We help 11 them get all of the documents that are required together, and 12 then we turn that in -- we actually hand-deliver that to 13 AACOG. It's either once or twice a month. 14 COMMISSIONER WILLIAMS: Well, with respect to the 15 weatherization program, we've had AACOG down here, and they 16 brought their own dog-and-pony show, and we signed up people 17 who showed up to be signed up. So, again, it's kind of like 18 motherhood and apple pie here. Where's your funding coming 19 from? 20 MS. GONZALES: I'm sorry? 21 COMMISSIONER WILLIAMS: Where does your funding 22 come from? 23 MS. GONZALES: It's from the Texas Department of 24 Housing and Community Affairs. 25 COMMISSIONER WILLIAMS: And your Section 8 housing, 5-10-10 62 1 which are they? Which ones are they, and where are they 2 located? 3 MS. GONZALES: I'm sorry, what do you mean, "which 4 ones"? 5 COMMISSIONER WILLIAMS: You mentioned that you 6 administer Section 8 housing. 7 MS. GONZALES: Yes. We -- I have three that are 8 established here. I have three residents that I just really 9 monitor the inspections yearly for the Texas Department of 10 Housing. 11 COMMISSIONER WILLIAMS: Three residents? 12 MS. GONZALES: Yes, sir. 13 COMMISSIONER WILLIAMS: Are you aware that there's 14 a waiting list for Section 8 housing in Kerr County, 15 50-some-odd? 16 MS. GONZALES: I thought the waiting list was 17 closed, so I don't -- I don't know about the waiting list, 18 I'm sorry. 19 COMMISSIONER BALDWIN: Well, I served on your board 20 right after Noah's Ark, and back then, they had some serious 21 issues with their administration down in Seguin, and that's 22 been fixed, and I think they're now climbing out of the hole 23 of being able to serve the communities again. And I -- I, 24 for one, am a fan of y'all's. 25 MS. GONZALES: I would like to mention, when I 5-10-10 63 1 started, the four counties that I had were the lowest ones 2 out of all -- we have 11 counties that we do community 3 services with, that we service with utility assistance and 4 other assistance, and when I started, our counties were the 5 lowest. And as of the end of last year, our four counties 6 were the highest with the number of people seen, the number 7 of -- number of money spent. We spent last year -- the 8 northern -- they consider us the northern offices. We spent 9 over $435,000. 10 JUDGE TINLEY: On -- on citizen assistance? 11 MS. GONZALES: Yes, sir. 12 JUDGE TINLEY: That's not your -- doesn't include 13 any of your administrative expenses? 14 MS. GONZALES: No, just the assistance that we 15 provided to the residents of the counties. 16 COMMISSIONER WILLIAMS: How much of that was spent 17 in Kerr County? Do you know? 18 MS. GONZALES: In Kerr County, $206,341.98. 19 COMMISSIONER BALDWIN: That's good. You really are 20 climbing out of the hole. 21 MS. GONZALES: Yes, sir. In Kerr County, we saw 22 1,983 families last year. 23 COMMISSIONER BALDWIN: Don't forget my house. 24 (Laughter.) 25 MS. GONZALES: If you qualify. 5-10-10 64 1 COMMISSIONER LETZ: I'll move -- 2 JUDGE TINLEY: But cookies -- cookies alone will be 3 helpful. 4 MS. GONZALES: We are having -- 5 COMMISSIONER BALDWIN: When is this open house 6 thing? 7 MS. GONZALES: It's this Thursday from 1:00 to 8 3:00. 9 COMMISSIONER BALDWIN: 1:00 to 3:00. 10 MS. GONZALES: Yes, sir. Everything is homemade. 11 I've got a great staff, and we're all experienced bakers. 12 COMMISSIONER BALDWIN: I'm really liking this. 13 COMMISSIONER LETZ: I'll move approval of the 14 agenda item. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the agenda item. Any question or discussion on 18 the motion? 19 COMMISSIONER WILLIAMS: One of the "whereas" is 20 duplicated in there. One, two, three, four, five -- Number 6 21 and 7 are duplicates of each other. 22 JUDGE TINLEY: Mm-hmm. We can get that redrafted. 23 Further question or discussion? All in favor of the motion, 24 signify by raising your right hand. 25 (The motion carried by unanimous vote.) 5-10-10 65 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. 4 MS. GONZALES: Thank you. 5 JUDGE TINLEY: Thank you, ma'am. Let's go to Item 6 16, if we might. Consider, discuss, take appropriate action 7 to approve final construction plans for Phase IV, Kerrville 8 South Wastewater Project, T.C.D.P. Contract Number 728065. 9 Commissioner Williams? 10 COMMISSIONER WILLIAMS: Yes, sir, Judge. The 11 document's in front of you. In the backup are the finalized 12 plans, which I believe are signed off by the City. We have 13 advertised the first advertisement for bids, and would like 14 the Court's approval on the revised plan. The plan, as you 15 may recall, entails laying a sewer line in the county 16 easement on Ranchero Road from 16, just about behind the 17 convenience store, for eight -- eight or nine -- nine, I 18 guess it is, lots that face Ranchero down to Ripplewood, and 19 for the sewer lines and connections at Southwind Mobile Home 20 Park. Plans are now finalized, and the first bid 21 advertisement was in the paper this weekend. I move approval 22 of the revised plan. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval of the revised plan. Question or discussion on the 5-10-10 66 1 motion? All in favor of the motion, signify by raising your 2 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. Okay. 7 Gentlemen, we've got a 10:30 timed item, and it looks like 8 all participants -- 9 COMMISSIONER BALDWIN: Yes, sir. 10 JUDGE TINLEY: -- are here, so I'm going to go 11 ahead and call that. Item 10; consider, discuss, take 12 appropriate action on request from the Bandera County EMS 13 Director to have Kerr County enter into an EMS contract with 14 Bandera County for EMS services rendered to a portion of 15 southeastern Kerr County. Commissioners Baldwin and -- 16 COMMISSIONER BALDWIN: I'd like to have it, if you 17 don't mind. 18 JUDGE TINLEY: All right. 19 COMMISSIONER BALDWIN: And I'm going to turn it 20 over to Mr. Maloney here in just a second, but I just wanted 21 to tell you that this -- this area is actually in 22 Commissioner Letz' precinct that we've dealt with through the 23 years on other issues. The reason that Mr. Maloney contacted 24 me is because he likes me more than he does y'all. 25 (Laughter.) Or something like that. I couldn't remember 5-10-10 67 1 exactly how you said it to me. 2 COMMISSIONER OEHLER: I thought you were the 3 liaison for EMS. 4 COMMISSIONER BALDWIN: Oh, yeah. Okay. 5 COMMISSIONER LETZ: Just a quick update. This area 6 is in Castle Lake -- primarily in Castle Lake Subdivision. 7 It's two roads, Snake and Oilwell, little bit of off Bear 8 Creek as well. And it's an area that -- it's one where you 9 can't get there from here. It's a very long -- you have to 10 go either to Bandera and then back up 16 to Pipe Creek and 11 back in, or go to Boerne and down to Pipe Creek that way. 12 It's an area that I've -- in talking with some of those folks 13 in the areas primarily on Snake and Oilwell and forming a 14 road district, they have a lot of road issues in there as 15 well. And it's a -- part of this area on the Bear Creek 16 portion, you actually go from Bandera County into Kerr 17 County, end up in Kendall County. It's just a -- it's -- 18 COMMISSIONER BALDWIN: A goat trail. 19 COMMISSIONER LETZ: And Kendall County really can't 20 get there from here. But, anyway, it's an area that's -- you 21 know, often I think they think they're forgotten. They're 22 not. We try to -- we provide the services we need to. And I 23 support this type of agreement. I visited with some folks 24 over there about this, and they -- something similar was done 25 in the eastern part of Kerr County in The Reserve and Falling 5-10-10 68 1 Water Subdivision areas. 2 MR. MALONEY: Yes, sir. Eric Maloney, EMS 3 Coordinator with Kerrville Fire Department. I am here at the 4 request of Cindy Martin, EMS Director for Bandera County EMS. 5 She's also present too, and she is requesting that we do 6 enter into an agreement or contract very similar to, I 7 believe, the Falling Waters and The Reserve area for sections 8 of southeastern Kerr County. Some of those, as mentioned, 9 were Bear Creek Road, Oilwell. One of the things that 10 currently is a little different in regards to that is that 11 the PSAP is sent to Bandera County dispatch, as opposed to 12 the other sections off 87; we just don't receive the PSAP 13 from that. There are other roads that should be also taken 14 into consideration if we're going to enter into an agreement 15 with Bandera County. There are sections of Bandera County 16 that we do have a capacity to respond to, off Camp Verde, 17 which include maybe even some of your area, Commissioner 18 Oehler, on that. So we should consider all roads that enter 19 through both Bandera or through Kerr County. 20 COMMISSIONER LETZ: What is the -- my recollection 21 is there's -- I can't remember. What is the amount of the 22 interlocal? Don't -- isn't there a dollar figure in there 23 with the Kendall County -- 5,000? 24 COMMISSIONER OEHLER: Kendall County, I think 25 it's -- 5-10-10 69 1 MR. MALONEY: I was thinking it was 3,000, sir. 2 COMMISSIONER LETZ: 3,000? 3 MR. MALONEY: Yes, sir, plus a stipend. 4 COMMISSIONER LETZ: It would be something along the 5 same lines? What would be the -- 6 MR. MALONEY: No, I have not had any discussions in 7 that regard with Bandera County EMS, but Cindy Martin -- if 8 you wouldn't mind, she can probably address the Court. 9 MS. MARTIN: Sorry, I was -- the question was how 10 much is the amount? 11 COMMISSIONER LETZ: Yes. 12 MS. MARTIN: What we have done with other counties, 13 we've entered into contracts with Medina County. We're 14 currently working on Kerr County; we cover two of their 15 areas. And we -- what we prefer to do is to do the amount of 16 the tax levy part of that area, so as that areas grows, it's 17 fair to y'all and to us. And that's how we've done the 18 previous agreements with Medina County, and Judge Evans would 19 like to keep that, if possible. We also have -- like, the 20 Camp Verde, we're equal distance, so we'd like to keep that. 21 The PSAP does come to us on the Camp Verde section. The 22 distance is -- it's 2 miles outside of our county line to the 23 -- 1.9 miles, actually, outside our county line to that 24 cutoff at Camp Verde, so we're just -- I mean, we're about 25 equal distance totally. I know the sign says 12 miles to 5-10-10 70 1 Kerrville, and we're 12 miles from our closest station there, 2 so we'd like keep that. However, on the -- up off Wallace 3 Creek Road -- it's Wallace and Echo Creek Road, there's an 4 area that I don't know if y'all would like to contract at the 5 same time on that we currently service in that area too. But 6 we'll keep the original one we have. 7 COMMISSIONER LETZ: In the -- the Camp Verde area. 8 So, where 480 hits 173, Bandera County maintains -- you said 9 the cutoff? 10 MS. MARTIN: Well, Camp Verde Road, where you'd 11 have to cut off to get to that -- down where H.E.B. Camp is, 12 down that. That runs back in our county. 13 COMMISSIONER LETZ: Okay. 14 MS. MARTIN: Back in that area, it's 1.9 miles from 15 our county line to that cutoff, you know. And we cover to 16 our county line currently. 17 COMMISSIONER WILLIAMS: To Camp Verde Road? 18 MS. MARTIN: To Camp Verde Road, yes, sir. 19 COMMISSIONER WILLIAMS: Okay. 20 MS. MARTIN: I believe y'all would have to go to 21 Camp Verde Road if -- I might be wrong, but I -- that's the 22 way I see that y'all have to come out to Camp Verde Road and 23 go across there too. So, we'd like to keep that area. It 24 means we'll be 1.9 miles in your county, you know, at that 25 time. 5-10-10 71 1 COMMISSIONER LETZ: Right. 2 MS. MARTIN: According to my odometer this morning. 3 So, we'd just keep that. It's going to be an equal distance 4 for either one to get to; however, the PSAP does come to 5 Bandera County. The problem with the PSAP in the Castle Lake 6 area, which is what we refer to it as, is it's not physically 7 capable for AT&T to get that to come to y'all, so it would 8 have to be transferred. Which we can do, transfer that from 9 us to y'all. And, up there on Wallace Creek Road, I believe 10 that comes to us. I'm not 100 percent positive, but I do 11 believe that area -- we've serviced that area too. 12 COMMISSIONER LETZ: Well, from the -- 13 MS. MARTIN: Wallace Creek and Echo Creek. 14 COMMISSIONER LETZ: Certainly, the Castle Lake 15 area, from a public safety standpoint, it's far better for 16 y'all to handle that. We just can't get there timely. 17 COMMISSIONER BALDWIN: Where is this Wallace Creek 18 deal? 19 MS. MARTIN: Wallace Creek is up 16 -- Highway 16 20 North. I've got a map here if you'd like to -- well, if you 21 can read my scratch here, or look at it. 22 COMMISSIONER BALDWIN: Thank you. 23 MS. MARTIN: That little section up there, that 24 circle there on the top. 25 COMMISSIONER BALDWIN: Yeah, got it. 5-10-10 72 1 MS. MARTIN: That actually -- I'm sorry. 2 MR. MALONEY: No, go ahead. 3 MS. MARTIN: Talking my head off. That area is 4 actually Echo Creek Road and Wallace Creek Road, is what -- 5 where that winds up. And the tax levy amount just means 6 whatever's fair is fair, you know. It's not -- not anything 7 that we're asking too much or anything. 8 COMMISSIONER LETZ: On the tax levy amount, so it's 9 a portion? I mean, how -- how do you calculate it on the tax 10 levy? 11 MS. MARTIN: Well, the Judge always calculates it 12 as the amount of the tax levy minus expenses, whatever it 13 would cost y'all to -- that's -- well, we're actually into 14 the ESD stuff over there. It would be like the amount y'all 15 receive, the tax levy. 16 COMMISSIONER BALDWIN: What judge does it? 17 MS. MARTIN: Judge Evans. 18 JUDGE TINLEY: Judge Evans. 19 COMMISSIONER BALDWIN: God, we're going to have to 20 involve some lawyers in this deal now. (Laughter.) 21 Doublecheck the mathematics on this deal. 22 MS. MARTIN: He's pretty sharp with his pencil. 23 COMMISSIONER BALDWIN: Yeah. 24 MS. MARTIN: He's real sharp. He's an excellent 25 judge. 5-10-10 73 1 COMMISSIONER BALDWIN: Yeah, right. 2 COMMISSIONER LETZ: What -- have y'all -- I'm sure 3 he has looked at the dollar impact? 4 MS. MARTIN: Actually, we did not. I had -- I had 5 received something that I would be receiving something back, 6 and until a few days ago, when I got an e-mail from Eric, I 7 actually did not know it was on the agenda, so I've not had a 8 chance to speak with him on that exact amount yet. 9 COMMISSIONER LETZ: I mean, I'm definitely 10 supportive of it, certainly my part of the precinct area. 11 COMMISSIONER WILLIAMS: Mine too. 12 COMMISSIONER LETZ: And I think it makes sense. I 13 just think I would like to look at the actual dollar amount, 14 just -- I understand what you're saying. I don't, on the 15 surface, have a problem, but I also know Judge Evans very 16 well, so I'd like to look and make sure I know the exact 17 amount before we commit. (Laughter.) 18 MS. MARTIN: Now, what I do is -- is I go and get, 19 you know, the permission to -- they give me permission to 20 start dealing, and then it has to go to our Court for final 21 approval. So, I noticed on the agenda it's wrote 22 differently, and that's -- I do not have a -- 23 COMMISSIONER BALDWIN: Do we call this thing a 24 contract? 25 MS. MARTIN: It's an interlocal -- 5-10-10 74 1 COMMISSIONER BALDWIN: Interlocal agreement? 2 MS. MARTIN: Yeah. It would not be a contract; it 3 would be an interlocal agreement. 4 COMMISSIONER BALDWIN: Okay. So, who's going to 5 draw that thing up and then get back in here? 6 MS. MARTIN: We don't mind drawing the -- in fact, 7 I have one there from Medina County that I had sent to Eric. 8 Did you send out one? 9 MR. MALONEY: I did not. 10 MS. MARTIN: Medina County, their area, we've got 11 quite a considerable -- we have two areas, and it winds up 12 being -- we started out at 5,000, 5,600 -- don't quote me on 13 that figure -- and now we're up to, like, 8,000, because it's 14 grown. There's lots of houses gone in there, lots more 15 people that we have to service, you know, help out. So, on 16 the Holiday Village area -- we're just actually finishing 17 that contract, and next year -- it's gone from a contract -- 18 there's an interlocal agreement on the lower side, with 19 Medina Valley. It's a contract on the upper side, 'cause 20 we're dealing with their EMS. It will be an interlocal 21 agreement come next year when they combine. 22 COMMISSIONER LETZ: Well, I think what we can do on 23 that part, we can get the contract we have with Kendall 24 County, copy this contract and give it to our County 25 Attorney. He can kind of figure out what works. 5-10-10 75 1 MS. MARTIN: If we can make a copy of that, I'll 2 leave that one with y'all. That is the original contract 3 with Medina County -- with Medina valley. 4 MS. HARGIS: Could I ask a question? 5 MS. MARTIN: Interlocal agreement. I keep calling 6 it a contract. 7 MS. HARGIS: What is the tax levy? Their tax 8 amount or our tax amount? 9 COMMISSIONER LETZ: That's -- we -- 10 JUDGE TINLEY: Based on ours. That's -- 11 MS. MARTIN: Right. 12 JUDGE TINLEY: -- in the area that they're assuming 13 jurisdiction over. But it occurs to me what you're seeking 14 today is approval of the concept and the principle. 15 MS. MARTIN: Yes, sir. 16 JUDGE TINLEY: But subject to approval of the final 17 interlocal agreement and the numbers that go in there. 18 MS. MARTIN: Yes, sir. And then -- you know, so we 19 can start working on it; maybe at the same time enter into a 20 mutual aid agreement, too, that we very badly need. So -- 21 COMMISSIONER LETZ: Isn't there already, I mean, a 22 general mutual aid agreement between the two counties? 23 MS. MARTIN: Well, we thought there was, but there 24 actually is not. We'd like to get that in there too, if we 25 could, you know. 5-10-10 76 1 MR. BEAVERS: Excuse me. Mark Beavers, Assistant 2 Fire Chief. There is for major disasters. 3 MS. MARTIN: Oh, yeah, there is. 4 MR. BEAVERS: There's an AACOG agreement that also 5 encompasses all the dozen counties within the AACOG. We've 6 all agreed to it. 7 JUDGE TINLEY: Routine EMS services are not 8 covered? 9 MR. BEAVERS: No. 10 JUDGE TINLEY: Okay, thank you. 11 COMMISSIONER LETZ: But my recollection is -- the 12 Sheriff isn't here today -- that when there's been some 13 incidents out there, Bandera County frequently gets there 14 first, but Kerr County takes the investigation on. So, I 15 mean -- 16 MS. MARTIN: Yeah, Kerr County -- actually, we had 17 a very large fire out there not very long ago, which three of 18 our units transported in y'all's area, off -- down off Castle 19 Lake Road, down in that area we're speaking about. We had 20 three units and one command vehicle out there. Y'all's 21 deputies responded to that. However, Castle Lake Fire 22 Department covered that area for fire. We covered the EMS 23 portion, just -- you know, I mean, we've -- since 1974, we've 24 covered that area, but the State likes you to -- you have to 25 put down which areas you're providing primary service in, and 5-10-10 77 1 it's time for us to get those boundaries all shored up, 2 and -- and that way it's all -- we got contracts on all of 3 it. 4 COMMISSIONER BALDWIN: Great. I agree with you. 5 COMMISSIONER LETZ: Okay. 6 COMMISSIONER BALDWIN: Just -- you know, if you'd 7 ask Judge Evans if we can borrow a little money to kind of 8 get us through this thing. 9 MS. MARTIN: Wait a minute, I think y'all are 10 better off than we are. 11 COMMISSIONER WILLIAMS: I can see that happening. 12 COMMISSIONER BALDWIN: Yeah. 13 MS. MARTIN: He keeps us in good financial shape. 14 He does a good job. 15 COMMISSIONER BALDWIN: He's a good one. 16 MS. MARTIN: Yeah. But that's kind of -- if we can 17 start working off that, that would be awesome. 18 COMMISSIONER BALDWIN: Super fantastic. 19 COMMISSIONER WILLIAMS: Let's do it. 20 COMMISSIONER BALDWIN: Thank you for your time. 21 MS. MARTIN: Well, thank y'all very much. I'm 22 going to leave a copy of that somewhere. 23 COMMISSIONER WILLIAMS: Thank you. 24 COMMISSIONER BALDWIN: Thank you, Mr. Maloney. 25 JUDGE TINLEY: Anything further? Any member of the 5-10-10 78 1 Court have anything additional to offer on that? Okay. Why 2 don't we take a 15-minute recess. 3 (Recess taken from 10:40 a.m. to 10:55 a.m.) 4 - - - - - - - - - - 5 JUDGE TINLEY: Okay. Let's come back to order, if 6 we might, from our recess. We will go now to Item 17; 7 consider, discuss, take appropriate action on proposal 8 received from the City of Kerrville related to subdivision 9 standards and rules in the ETJ, and consider, discuss, take 10 appropriate action on other matters related to subdivision 11 standards within the ETJ of the City of Kerrville. 12 Commissioner Letz? 13 COMMISSIONER LETZ: I've handed out a pile of 14 information I want to go over briefly before I get to kind of 15 -- well, let me give a brief overview, first. There's two 16 agenda items here. One is going to be held in open session, 17 which is really -- I want to lay out everything, where we are 18 right now, what we received from the City, and go over that. 19 The County Attorney and I have worked very closely over the 20 last -- well, since the day he was -- actually, a week before 21 he was even in office, on this issue. There are some issues 22 that we need to go into executive session on before I think 23 we can make a final vote on this, but most of this, 24 certainly, we can hold in open session, depending where we 25 are. I handed out -- the first two pages are kind of a 5-10-10 79 1 little bit of history of where we are. This is taken -- the 2 first page is identical to what I presented at City Council 3 on March 23rd. It was that meeting where the -- the City 4 Council decided to go ahead and approve their draft document, 5 send it on to us for approval, or to accept or make comments 6 or do what we wanted. And I think it is important to keep 7 some of the facts clear as to how long this has been going on 8 and things of that nature. 9 And, just quickly, you know, 242 contained law, or 10 we had to have an agreement January of 2006. We have an 11 agreement that goes back to 2005, we started working on this 12 with the City of Kerrville. We did have an agreement within 13 2007. Kerr County became a Subchapter C county because of an 14 EDAP grant, and that made us really in noncompliance with 15 that old agreement with the City of Kerrville. We kind of 16 went along on that for a while, as we were trying to make 17 some revisions, and finally February 25th, 2008, we gave 18 final notice to City of Kerrville that we were canceling that 19 agreement, because it was just in violation. We couldn't, 20 you know, have some of the agreements that we had. And then 21 we've been working basically since January 2009 pretty 22 regular with the City staff or and/or Council to go through 23 and try to resolve the issue. This came to a head last July 24 2009, when it was agreed at our joint meeting that we would 25 come up with a blended standard for the ETJ. 5-10-10 80 1 And the second page kind of goes through a timeline 2 as to how we got to where we are. The blended standards, I 3 think is -- in retrospect, meant different things to City 4 Council and different things to me, and I think to the Court. 5 And I say that because, to me -- and I think the spirit of 6 Chapter 242 that we're dealing with to follow the rules, a 7 blended standard was a set of rules for the ETJ. One set of 8 rules. The agreement we got from the City was a new 9 interlocal agreement that made the City the sole person 10 responsible for the ETJ. And as part of that, they sort of, 11 I guess, agreed to make some changes to their agreement based 12 on conversations I had had over the, I guess, previous six 13 months with Councilman Motheral. And there was never any 14 resolution of that -- the conference and meetings that I had 15 with Councilman Motheral. He pretty much closed the door on 16 that at the -- on March 9th, and said that he wasn't going to 17 talk to the County any more, visit with us, and it went back 18 to City Council, the blended standard. 19 And that's why I bring up that blended standard a 20 little bit, because what that did was, if you read through 21 the interlocal agreement and the draft, you know, under the 22 City's proposal, there will be the interlocal agreement. The 23 draft document will require some changes to the city 24 ordinance, but the city ordinance still comes into play, so 25 then the developers have to use this document. There's also 5-10-10 81 1 references to compliance with Kerr County Subdivision Rules, 2 so Kerr County Subdivision Rules have to be looked at by a 3 developer, and then we also have the construction standards 4 for the city of Kerrville have to be looked at. So, from 5 going to -- instead of going to one blended document, the 6 City's coming up with a mechanism where we have five 7 documents, as I look at it. And I don't -- that was not the 8 intent that I thought we came to after that Council meeting, 9 so there's a pretty big problem right there. 10 During -- I guess it was in early, mid-April, I had 11 some communication with Kevin Coleman at the City, and 12 requested that we sit down and meet with the City Manager, 13 Kevin Coleman, and City Attorney to make sure that -- 14 basically, to try to get through the city document, 'cause 15 there are some significant problems with the actual things 16 they wanted to change, in my mind. And the response we got 17 back from the City through Mike Hayes to Rob Henneke was that 18 was not part of the Council's direction; that we are to look 19 at that document and make our decision based on the City's 20 document they sent over to us. The City staff would not meet 21 with anyone from the County to discuss the agreement -- or 22 the proposal they sent over to us, so they kind of slammed 23 the door in our face. I took that as a pretty good 24 indication that it's almost a "take it or leave it" type 25 document, because they weren't willing to talk to us any 5-10-10 82 1 more. And that made me look at it in a little bit different 2 light. 3 I've gone through it in some detail of the, quote, 4 blended standards that the City came up with, and there's 5 just a lot of problems with it. One of the probably biggest 6 ones is that it mentions things like model subdivision rules, 7 but it doesn't really implement how the model subdivision 8 rules or the state rules that we have to follow under the 9 EDAP grant -- doesn't really finalize that, or come to any 10 true resolution of that. It doesn't have a real mechanism 11 for how county roads in the ETJ become county roads. I mean, 12 there's just a lot of loose ends in there that I think it was 13 intended that they would be maybe looked at down the road 14 when the actual documents are -- subdivisions rules are 15 modified. And I say that based on the letter that was -- a 16 cover letter that Todd Parton sent over, and it was that, you 17 know, essentially there was supposed to be a guide that we 18 were going to then finalize some rule changes to. Well, you 19 know, I don't see how they can expect us to accept something 20 and then go into negotiations after we vote on it. And 21 I'm -- that doesn't make sense to me. And the City Council 22 doesn't seem to want to really discuss this a whole lot more. 23 My final thing that I want to comment on, in Todd 24 Parton's letter, it says, second paragraph, the draft 25 standards are a result of several meetings between 5-10-10 83 1 Commissioner Letz and Councilman Motheral. They have blended 2 the County's and City's codes into a single set of standards. 3 That's not true. One, it's not a single set of standards, 4 and two, the final four drafts that I've seen from the City, 5 I had no input into. They came -- the City was revising them 6 on their own. There were three drafts that I'm aware of that 7 Councilman Motheral and I met and discussed, and after that, 8 they have submitted several drafts, including the one that 9 was submitted in this letter, that, you know, we just 10 received documents from the City. There was no input from 11 the County. I want to make it clear that, you know, these 12 documents are not agreed to by myself and Councilman 13 Motheral, and Councilman Motheral and I have never come to an 14 agreement between the two of us as to any draft document. 15 They were always in discussion phases. 16 So, there are some problems there. I see some 17 significant problems. The -- one, it didn't accomplish a 18 blended standard, not a single set of rules. We still have 19 to go back through county -- some county rules, some city 20 subdivision rules, and also their whole -- whatever they call 21 them -- the standard specifications for subdivision 22 construction. The model subdivision rules issue is not 23 resolved. I know that -- I don't know if the County Attorney 24 has visited with the legal counsel at Water Development 25 Board. I have at length. I did provide them some legal 5-10-10 84 1 references that were the actual issues of -- and that 2 information was forwarded to Mike Hayes as to the actual 3 citation where there's some conflicts. But I think that we 4 will be jeopardizing our EDAP grants if we were to enter into 5 any agreement that does not fully include the model 6 subdivision rules, so there's a problem right there. So, 7 we're kind of at a little bit of an impasse again. At this 8 point, I'd request that the Judge probably call -- go to the 9 next agenda item, because I think we need to hear from the 10 County Attorney on the legal ramifications and issues where 11 we are right now, and before we can really make a decision on 12 responding to the City's request. 13 JUDGE TINLEY: Commissioner, I think a lot of the 14 concern in the issue that you have has to do with the model 15 subdivision rules and its application to what we're dealing 16 with. It's interesting to note that in Mr. Parton's letter 17 to you, immediately after the statement that the draft 18 standards are the result of several meetings between yourself 19 and Councilman Motheral, and that they're a blended -- a 20 blended set of standards of the county and city code, this 21 sentence is included. "Kerrville Council members realize 22 that the County may require additional modifications pursuant 23 to Chapter 232, Local Government Code." Now, I assume that 24 has to do with model subdivision rules. So, there's a 25 recognition that the document, as furnished -- they're 5-10-10 85 1 anticipating that it doesn't conform with what we must have 2 in order to be in compliance with our EDAP application at the 3 Texas Water Development Board on this very significant 4 project down in the eastern part of the county. 5 COMMISSIONER LETZ: Right, I think that's true. 6 But, I mean, and that is -- the model subdivision rules are a 7 very important thing. That's really just beyond our ability 8 to change that; that's a state law. But I want to make it 9 clear to everyone that there are a lot of problems with the 10 draft document by itself. There are, I mean, many, many 11 things. If you -- just as an example, we're trying to come 12 up with something that's somewhat simple, but if you go to 13 page -- I'm looking at the Attachment A to that. 14 COMMISSIONER WILLIAMS: That would be the document 15 they sent over, Commissioner? 16 COMMISSIONER LETZ: Right. If you go to Page 16 of 17 that, I would defy anybody in this room to understand D. I 18 mean, it's arterial roads -- I mean, what requires what 19 roads, what the frontage requirements are based on all these 20 roads. There's four different categories of arterial, three 21 -- three categories of arterial, three categories of 22 collector roads. There is three minor residential. There's 23 access streets. There's -- right there, I mean, I don't see 24 how you can do that. And another part on the roads, there's 25 a -- on Page 14, in the middle under Item 4, it reads 5-10-10 86 1 right-of-way -- right-of-way widths. They have alleys on 2 here. And you go to the -- there's a bold, with ribbon curb 3 and bar ditch. You have a 40-foot right-of-way. I don't 4 think you can put ribbon -- a road in 20-foot-wide -- or, I 5 mean, a roadway, ribbon curbs and bar ditches, in 40 feet. 6 That's a problem that the County has right now. 7 COMMISSIONER BALDWIN: Mm-hmm. 8 COMMISSIONER LETZ: You can't do bar ditches in 9 that. I mean, you need at least 60 foot right-of-way for bar 10 ditches. So, there's things like that. And I don't -- these 11 aren't things that I -- I mean, I think we can work through 12 these, but we can't accept it, to me, the way it's written 13 right now. On water availability, I don't see language 14 specifically going to the averaging and how we calculate for 15 water availability. There's a provision that all 16 subdivisions within 2,000 feet of the city meter, regardless 17 of the size of the lot, the way I read it, has to connect 18 with the city sewer -- or water main. Well, I mean, I 19 just -- I don't -- you know, I don't -- I think a lot of 20 these things are maybe from fast writing and trying to get a 21 document through, but I think these things have to be 22 resolved. And I just can't support a lot of these issues 23 until I actually look at them and we look at them and get 24 time with Road and Bridge to go through a lot of these 25 things. 5-10-10 87 1 You know, conceptually, Bruce and I were on a path 2 to come up with some standards that work. I believe the 3 drainage standards are different than I thought they were. I 4 mean, they're different than what I thought we had agreed to, 5 so I think there's -- there's some significant problems 6 beyond the model subdivision rules at this point. And I 7 think for us to try to go back and rework this without a 8 commitment from the City -- the City pretty much said almost 9 a "take it or leave it" thing. I wasn't going to spend a 10 whole lot of my time and a whole lot of the County Attorney's 11 time to rewrite a document that the City had no -- City 12 pretty much told us they weren't going to talk to us or 13 negotiate any more. I'm kind of at a loss as to where we go 14 with the City on this. And then in the midst of all this, I 15 think there's some e-mails -- there's some e-mails attached 16 about some other stuff. 17 Just to clear up some things or to kind of let the 18 public know, in the middle of this we were hit with an Open 19 Records request for a lot of this information, which showed 20 -- I mean, I know the County Attorney's office spent a great 21 deal of time on Open Records requests relating to all EDAP 22 grants, UGRA work, all this other stuff. I'm not sure 23 whether that finally got resolved, but, you know, we were in 24 the middle of trying to go through an agreement, then we get 25 hit with an Open Records request for a lot of documentation. 5-10-10 88 1 And it was a formal request; it wasn't that, "Hey, do you 2 have some of this?" We'd gladly burn anything they want. 3 But it was just like -- it was almost, in the middle of this, 4 just a delay tactic, or to bury more work on top of the 5 County Attorney, who's brand new to start with. So, it's 6 kind of -- you can probably sense a little bit of 7 frustration. 8 JUDGE TINLEY: No. (Laughter.) 9 COMMISSIONER LETZ: But I feel like -- 10 COMMISSIONER BALDWIN: Not from this end of the 11 table. 12 COMMISSIONER LETZ: But I almost feel like I wasted 13 from about August 1st until now negotiating with the City, 14 and then to have the City say, "Hey, we're not going to do 15 that any more. We're going to -- here, take it or leave it." 16 I don't get it. 17 COMMISSIONER WILLIAMS: Well, I picked up on the 18 language in the City Manager's letter, as all of us did, I'm 19 sure, what the Judge referenced with respect to him stating 20 that there might be some additional modifications. But 21 what's troubling is, even after having noted that, the 22 refusal that came back to the County Attorney from the City 23 Attorney that neither he nor staff were authorized to meet to 24 discuss and hopefully resolve these things before we took 25 action, I find to be very disturbing. 5-10-10 89 1 COMMISSIONER LETZ: Anyway, that's kind of where we 2 are from my standpoint. And I think we need to hear a little 3 bit from the County Attorney as to what our options are going 4 forward. 5 JUDGE TINLEY: Is that a -- that's not a matter you 6 necessarily think should be done in open session, but rather 7 a consultation with our attorney? 8 COMMISSIONER LETZ: I'll defer to the County 9 Attorney, I mean, as to where we need to be on the legal 10 aspects of it. 11 MR. HENNEKE: Commissioner, I believe under Texas 12 Government Code 551.071, as noted on the agenda, we would 13 need to have attorney/client discussions in closed session, 14 as -- as has been noted on the agenda. 15 JUDGE TINLEY: It's your wish that we go there now? 16 COMMISSIONER LETZ: Yes, sir. 17 JUDGE TINLEY: Okay. At this time, we will go out 18 of public or open session at 11:12. 19 (The open session was closed at 11:12 a.m., and an executive session was held, the transcript of which 20 is contained in a separate document.) 21 - - - - - - - - - - 22 JUDGE TINLEY: Okay, it's 11:45. We are back in 23 public or open session. Does any member of the Court have 24 anything to offer with respect to matters considered by the 25 Court in executive session? 5-10-10 90 1 COMMISSIONER LETZ: I'll make stab at it. I want 2 to make it clear, there's two issues that are before us right 3 now, in our opinion. One, there's the model subdivision 4 rules and their applicability in the ETJ, and there's a 5 difference of opinion on that. And there's some differences 6 in guidance, or what we're getting from the County Attorney, 7 the statutes, and Water Development Board's general counsel. 8 The other issue is trying to come up with a resolution to 9 what rules apply to the ETJ. I'll make a stab at it. I will 10 make a motion that we direct the County Attorney to request 11 an Attorney General opinion on the applicability of the model 12 subdivision rules in the ETJ, and direct the County Attorney 13 to invoke the arbitration clause under Chapter 242 of Local 14 Government Code to resolve the issue of subdivision rules in 15 the ETJ. 16 COMMISSIONER WILLIAMS: Second the motion. 17 COMMISSIONER BALDWIN: Third. 18 JUDGE TINLEY: Motion made and seconded as 19 indicated. Further question or discussion on that motion? 20 All in favor of the motion, signify by raising your right 21 hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion does carry. I believe 5-10-10 91 1 that's covered everything on the agenda. Gentlemen? Unless 2 I missed something. 3 COMMISSIONER BALDWIN: Number 12. 4 JUDGE TINLEY: Ah, thank you. 5 COMMISSIONER BALDWIN: You're welcome. That's what 6 I do. 7 JUDGE TINLEY: Yeah. So far beyond that from a 8 time standpoint. We had an 11:15 timed item, which we went 9 into executive prior to that time. The 11:15 timed item is 10 to consider, discuss, take appropriate action regarding 11 Mr. Schulenberg's appeal to the Kerr County Road 12 Administrator for establishing the entire Sheppard Rees Road 13 as a no-passing zone. Commissioner Baldwin? 14 COMMISSIONER BALDWIN: Thank you sir. And the 15 reason my name is on there is because I called 16 Mr. Schulenberg, and -- and let me back up a little bit. The 17 Road Administrator, Road and Bridge Department was contrary 18 to Mr. Schulenberg's request to make Sheppard Rees Road a 19 no-passing zone, so I called him and invited him to 20 Commissioners Court so he could have an appeal here. And I'm 21 a nice guy, and that's the reason my name is on here. So, 22 are you Mr. Schulenberg? 23 MR. SCHULENBERG: I am. 24 COMMISSIONER BALDWIN: Sir, this is your agenda 25 item, so come on up and -- 5-10-10 92 1 MR. SCHULENBERG: I don't know if there's a -- 2 COMMISSIONER BALDWIN: -- tell us what you need. 3 MR. SCHULENBERG: -- a problem in the wording or 4 not, but I had originally written a letter requesting that 5 they establish a passing zone in what is otherwise an 6 entirely no-passing zone, and the administrator of roads, 7 Mr. Odom, sent back a letter with a lot of statistical data 8 in which he said he didn't think it was good idea, and he 9 also suggested that I take a few more minutes driving to work 10 and it wouldn't be a problem. And that kind of ticked me 11 off, because I -- that's the first time anybody's ever 12 accused me of being in a hurry. 13 COMMISSIONER BALDWIN: He did what, now? Say that 14 again? 15 MR. SCHULENBERG: He said that maybe I could solve 16 the whole problem by taking a few minutes each time I went to 17 town, to leave a little earlier so I wouldn't have to worry 18 about trying to pass anybody. 19 COMMISSIONER BALDWIN: Oh. 20 MR. SCHULENBERG: But the fact of it is, this isn't 21 about me getting to town any faster, and it isn't about 22 anybody else getting to town any faster. Right now, the 23 situation is that Sheppard Rees is about 4 and a half miles 24 long. The entire stretch is currently striped for no 25 passing, except for about three-tenths on the far west end, 5-10-10 93 1 which isn't striped one way or the other. But despite the 2 fact that it's a no-passing zone, people do pass, frequently. 3 And I think the problem is that there is at least one place 4 on Sheppard Rees Road where it would be easy to pass, safe to 5 pass. There would be no problem. People know that, and they 6 pass on it. And they also pass on other places, because they 7 figure, if I'm going to pass, why not go anywhere -- I can 8 pass anywhere I please, which they do. And so my concern is 9 primarily safety. And I want to have a passing zone because 10 I think it's safer than having a no-passing zone under the 11 present circumstances. And I think having a passing zone 12 would also encourage respect for the law, because right now, 13 people don't respect the law. You know, if they had a 14 passing zone, I think they would respect the law. 15 So, the -- there's two advantages to the proposal. 16 One is in the negative sense, that when people see a 17 restriction -- regulation that they don't think makes sense, 18 and they feel like they're being hassled, they tend to ignore 19 it. And they do, and that is not good. Positive thing is 20 that a safe passing zone, if there is one, and I think there 21 is, suggests to me that it would be preferential to utilize, 22 and so some of the less safe zones would not be utilized. 23 The zone I propose is marked on that top sheet there as the 24 optimum zone, and I marked it in yellow. And it -- it would 25 provide people a place to pass safely. And it's about 5-10-10 94 1 halfway between Sheppard Rees Road and Bear Creek Road, so it 2 would be -- if people knew that there was a place that they 3 could potentially pass, I think they would be less inclined 4 to try to pass in either direction at one of the places that 5 is less safe. 6 The County administrator told me there have been 54 7 accidents on Sheppard Rees Road in the last 18 years, which 8 is three a year. And I think he says they're due to speeding 9 and due to the no-passing zone, which I believe. And I'm not 10 recommending any speeding or any safety violations in any 11 manner. I just want to have a safe passing zone, and there 12 is one. The zone that I marked, I've also attached a photo 13 -- photos of it from -- air photos, and they show that 14 there's a stretch that's about three-tenths of a mile long, 15 perfectly straight, and with no incoming traffic one way or 16 the other. And it's plenty of room for people to pass. And 17 they pass in a lot worse stretches, and that's why I think 18 they ought to take this one. Here's a picture of it, which 19 I'll -- I'll pass around. But that aerial photo, contrary to 20 what the road administrator said, has no curves in it, by 21 definition. It's the stretch right here. It starts just 22 east of Country Hills on Sheppard Rees Road, about 2 miles 23 after the State Hospital. 24 The actual visual zone is about four-tenths of a 25 mile, so there's plenty of room that you can see, and there's 5-10-10 95 1 a three-tenths of a mile straightaway that's totally 2 unobstructed, no curves, no hills, no nothing. And this map 3 -- or this aerial photo shows some incoming roads, but there 4 are no roads from here to here, which is what I'm basing the 5 three-tenths of a mile on, on the south side. On the north 6 side, you're opposite Las Colinas Estates. And if you see 7 this diagonal line going up here, it's also -- it's also on 8 your first page map. That was a road, but Colinas has it 9 completely blocked off. It's fenced off. There's not even a 10 gate there, so there's no gate here. Same thing over here; 11 there's no gate here. Here is a water tank for Las Colinas, 12 and it's kept padlocked, so there's no access on there. This 13 is the back door to Las Colinas over here, but they don't 14 even need a front door with all the business they've got 15 right now. So -- so, there's basically no possibility for 16 incoming traffic in that entire stretch. And, as I say, I 17 consider it a safety measure, because it will provide a 18 safety valve. People will use it in preference to any of 19 these other zones that are much shorter and hillier. And 20 that's why I propose a passing zone on Sheppard Rees Road. 21 Thank you. 22 COMMISSIONER BALDWIN: Thank you very much. 23 COMMISSIONER OEHLER: Do you recommend passing in 24 both directions? 25 MR. SCHULENBERG: Yes. It's -- 5-10-10 96 1 COMMISSIONER OEHLER: Be a broken line? 2 MR. SCHULENBERG: I took a picture of both 3 directions, but I only showed -- the one I showed is a 4 westward view from Country Hills westward. But it's the same 5 view each way. It's perfectly flat. On that top-page map, I 6 annotated the map to show where hill crests are, but there 7 are no hill crests on that stretch, like I say. 8 COMMISSIONER WILLIAMS: What's the width of that 9 road, Commissioner? 10 COMMISSIONER BALDWIN: Now, I don't know. What is 11 the width? 12 COMMISSIONER OEHLER: 24 feet, I think, isn't it? 13 27? 14 MS. HOFFER: Probably about right. 15 COMMISSIONER OEHLER: It's not 30. 16 COMMISSIONER BALDWIN: No, it's not 30. 24, I 17 guess, Bill. Not a real wide road, but it's a good driving 18 surface. 19 JUDGE TINLEY: Anything else, Mr. Schulenberg? 20 MR. SCHULENBERG: No, sir. 21 JUDGE TINLEY: Anybody -- any members of the Court 22 have any questions for Mr. Schulenberg? 23 COMMISSIONER BALDWIN: None whatsoever. Thank you. 24 JUDGE TINLEY: Thank you, sir. 25 MR. SCHULENBERG: Thank you. Can I get my camera 5-10-10 97 1 back sometime? 2 JUDGE TINLEY: Oh, yeah. 3 COMMISSIONER BALDWIN: Oh, this wasn't for me? 4 MR. SCHULENBERG: You said you were a good guy. 5 COMMISSIONER BALDWIN: Not that good, huh? 6 MR. SCHULENBERG: I'll defer on that for the 7 moment. 8 COMMISSIONER BALDWIN: Okay. I think you're a nice 9 guy too. 10 MR. SCHULENBERG: Thank you. 11 JUDGE TINLEY: Okay. Now we've got all the agenda 12 items taken care of; correct, gentlemen? 13 COMMISSIONER BALDWIN: Yes, sir. 14 JUDGE TINLEY: So we will go to Section 4 of the 15 agenda. Payment of the bills. 16 COMMISSIONER BALDWIN: I move we pay the bills. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: Motion made and seconded to pay the 19 bills. Question or discussion on the motion? On Page 4, 20 under Building Maintenance, there's a bill to Whelan Plumbing 21 that I've asked the Auditor's office to pull. They have 22 pulled it. There's a labor entry on here that's almost 23 $2,000 that I don't think the billing adequately justifies. 24 There may be some other information that does, but certainly, 25 the invoice does not. It shows -- it says labor, two-man 5-10-10 98 1 crew, 1.00, $1,995 each. $2,000. So, I'd ask that this one 2 be pulled till we can get that one resolved. 3 COMMISSIONER OEHLER: I'd agree with that. 4 JUDGE TINLEY: Any other question or discussion? 5 All in favor of the motion, signify by raising your right 6 hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. Budget 11 amendments. 12 MS. HARGIS: Can we wait just a second? Before we 13 go to other bills, we -- we approved a bill on the 26th -- or 14 the Court did on the 26th of April to Computer Plus, and we 15 paid only a portion of that bill, as you may or may not 16 recall. We had a lot of telephone calls and a lot of 17 discussion on this. I really would like to get some of this 18 resolved, because I'm not going to authorize any more of it 19 to be paid, but there seems to be a lot of discussion on 20 this. I think we need to possibly have this placed on the 21 agenda for next month and have our I.T. guy explain, 'cause I 22 think we need to resolve it. You know, my office is not 23 going to authorize the additional moneys, because I can not 24 and will not. But I do need to get I resolved. This is -- 25 JUDGE TINLEY: Is that under capital improvement? 5-10-10 99 1 MS. HARGIS: This was on the telephone system. 2 JUDGE TINLEY: We don't have anything in this month 3 with respect to that -- 4 MS. HARGIS: No. But -- 5 JUDGE TINLEY: -- capital improvement column that I 6 saw. 7 MS. HARGIS: It's not -- no. This was on -- again, 8 it was on April the 26th. 9 JUDGE TINLEY: Okay. 10 MS. HARGIS: It's an unresolved bill that we paid a 11 portion of. We have not brought it back to the Court, 12 because it was given to us to pay only a certain amount, but 13 there seems to be a lot of discussion from the outside 14 vendors, as well as inside the courthouse, that something 15 needs to be resolved, so I'd like to place this back on the 16 agenda to get it resolved. 17 JUDGE TINLEY: So, you're still holding that as 18 what? 19 MS. HARGIS: I'm still holding it. 20 COMMISSIONER BALDWIN: I'm not sure I understand 21 how -- how it's our issue. Maybe it is. 22 COMMISSIONER LETZ: Is it -- what's -- 23 MS. HARGIS: This is -- this is to Computer Plus. 24 This was on the last bill that we had for him, and we paid 25 him -- 5-10-10 100 1 COMMISSIONER LETZ: Him? This is Drew? 2 MS. HARGIS: This is to Computer Plus, being Drew. 3 COMMISSIONER LETZ: Drew, okay. 4 MS. HARGIS: We didn't pay -- we only paid for the 5 actual supplies that were given here, but there was no labor 6 paid. 7 COMMISSIONER BALDWIN: He claims that John 8 authorized him to do some other duties while he was here, 9 like pull wire and do some other things, so he had his hired 10 hands to do that, and then he needs to pay them. And John 11 did not turn in that full amount, so he doesn't have the 12 money to pay them now. 13 COMMISSIONER WILLIAMS: And parts. And extra 14 parts. 15 COMMISSIONER BALDWIN: I don't know what all, but 16 it's a sizable amount of money. 17 COMMISSIONER WILLIAMS: That calls into question 18 what was provided for in the specifications that were 19 approved, and that were bidded on -- bid on. 20 MS. HARGIS: Well -- 21 MR. BOLLIER: Jeannie, there's one on there -- 22 Drew -- when Drew was here, he pulled some wire for me, and 23 sent me a bill for 660 bucks, I believe it was. That's not 24 on there, is it? Because I paid that. 25 MS. HARGIS: No. There's no way for me to tell 5-10-10 101 1 what it is on here, kind of like the one you were just 2 discussing. 3 JUDGE TINLEY: Okay. 4 MS. HARGIS: So -- but I think there is -- you 5 know, a bill was sent to us. We did not pay the whole bill. 6 The explanation has not been given to the vendor that 7 apparently is clear enough, or to his subcontractors, and so 8 they're kind of holding us liable, so I would like to get it 9 resolved one way or another. 10 COMMISSIONER BALDWIN: We paid what our staff asked 11 us to pay? 12 MS. HARGIS: We paid what our department head 13 authorized to pay, and no more. 14 COMMISSIONER BALDWIN: Yeah. 15 COMMISSIONER LETZ: I think that's the way to 16 handle it, is get it on the agenda. Then Drew comes in, in 17 this case, and staff can look at it. 18 JUDGE TINLEY: But if we've got just a general lump 19 sum amount -- 20 MS. HARGIS: Then they need to come in and justify. 21 JUDGE TINLEY: -- it'd be impossible for us to 22 really be able to ascertain whether it falls under the base 23 contract or whether it's something that was done over and 24 above that, for which he is entitled to be compensated. 25 MS. HARGIS: I think that's for him to justify. I 5-10-10 102 1 don't think it's for us. 2 JUDGE TINLEY: Absolutely, yeah. 3 MS. HARGIS: So if he wants to come to the Court, 4 he needs to come to the Court and justify that. 5 JUDGE TINLEY: Okay. 6 MR. HENNEKE: Ms. Hargis, you said "liable." I 7 mean, there's not been any demand for anything you've 8 received, has there? 9 MS. HARGIS: It's getting close, and that's the 10 reason why I wanted it to be -- to be, you know, brought 11 before the Court. You know, they are holding us responsible 12 for -- my office responsible for not paying it. We've told 13 them we paid what we were authorized to pay, and no more, but 14 they apparently don't understand that. So, before it gets to 15 that point, I would like to bring it, let the Court make a 16 firm decision, and at that point then the vendor can make up 17 their mind what they want to do. 18 JUDGE TINLEY: Has that vendor been asked to 19 provide us with a detailed explanation of what these charges 20 are for? 21 MS. HARGIS: I can't -- I don't know that, but I 22 will ask him to do that. 23 JUDGE TINLEY: Okay. 'Cause I think that's one 24 starting point. 25 MS. HARGIS: Yes. 5-10-10 103 1 JUDGE TINLEY: Okay. Are we now down to budget 2 amendments? 3 MS. HARGIS: Yes, sir. 4 JUDGE TINLEY: Okay. Looks like -- 5 MS. HARGIS: We just kind of have one, which is 6 really a continuation, apparently, for the Tax Assessor's 7 office. I don't know whether it's due to elections or what. 8 She does not have enough money for postage, and so she's 9 elected to move some of her moneys from her other line items 10 to the postage area. She's actually moving a total of $8,000 11 to postage. 12 JUDGE TINLEY: So, we got three budget amendments, 13 but they all relate to the same thing, because they're coming 14 from different line items over to postage? 15 COMMISSIONER OEHLER: Correct. 16 COMMISSIONER LETZ: Move approval. 17 COMMISSIONER OEHLER: Second. 18 JUDGE TINLEY: Motion made and seconded to approve 19 the budget amendment request as provided in the summaries, 1, 20 2 and 3. Question or discussion? 21 COMMISSIONER BALDWIN: Just -- the only thing 22 different we're doing here is that we're using three pieces 23 of paper instead of one? 24 MS. HARGIS: That was the backup. 25 COMMISSIONER BALDWIN: We used to do all that on 5-10-10 104 1 one piece of paper. 2 MS. HARGIS: I will correct her on that. 3 COMMISSIONER BALDWIN: I'm not saying it's right or 4 wrong. I'm just saying that's the difference. Okay. 5 MS. HARGIS: We've switched clerks doing that, so 6 she wanted to give you everything. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER OEHLER: Looks like we need some 9 training in next year's budget. 10 JUDGE TINLEY: Further question or discussion on 11 the motion? All in favor of the motion, signify by raising 12 your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. We have one 17 late bill; that is to Kendnel Kasper for the progress payment 18 on the job, which has been certified by the architect for the 19 amount requested. There's appropriate retainage that's taken 20 out and so forth. The amount certified by the architect is 21 $90,864.65 payable to Kendnel Kasper Construction. 22 COMMISSIONER BALDWIN: I move that we pay it. 23 COMMISSIONER LETZ: Second. 24 JUDGE TINLEY: Motion made and seconded to pay the 25 late bill in the amount of $90,864.65 to Kendnel Kasper 5-10-10 105 1 Construction, Inc. Further question or discussion on the 2 motion? 3 COMMISSIONER BALDWIN: My only comment is they need 4 to get their bills in just like everybody else. 5 JUDGE TINLEY: Commissioner, they got the bill in, 6 and I told them I would see if I could get it paid promptly. 7 I want to continue to demonstrate our good faith in dealing 8 with them. They gave us a pretty good break on that concrete 9 package that they held together from their subcontractor, and 10 I want to continue a good relationship with those folks. 11 That was my reason for bringing it as a late bill. They know 12 they weren't within the contract limits for getting their 13 bill paid today, but my effort was to merely do the right 14 thing, to keep them doing the right thing also. Further 15 question or discussion? All in favor of the motion, signify 16 by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: I've been presented with monthly 21 reports from -- excuse me -- Constable, Precinct 1; Justice 22 of the Peace, Precinct 3; County Clerk; Justice of the Peace, 23 Precinct 1; District Clerk; Kerr County Treasurer for 24 April 2010; Kerr County Payroll for April 2010; Constable, 25 Precinct 3, for March and April 2010; Road and Bridge 5-10-10 106 1 Department; and Environmental Health Department. Do I hear a 2 motion that the indicated reports are approved as presented? 3 COMMISSIONER LETZ: So moved. 4 COMMISSIONER OEHLER: Second. 5 JUDGE TINLEY: Motion made and seconded that the 6 indicated reports are approved as presented. Question or 7 discussion on the motion? All in favor of the motion, 8 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: Motion does carry. Okay. Do we 13 have any reports from Commissioners in connection with their 14 liaison or other assignments? Commissioner Letz? 15 COMMISSIONER LETZ: I don't believe so. 16 JUDGE TINLEY: Commissioner Oehler? 17 COMMISSIONER OEHLER: No, not -- not this time. 18 JUDGE TINLEY: Commissioner Baldwin? 19 COMMISSIONER BALDWIN: No, sir. Thank you. 20 JUDGE TINLEY: Commissioner Williams? 21 COMMISSIONER WILLIAMS: Just a quickie, that the 22 Crime Victims Services grant application moved through the 23 AACOG Board with a favorable approval, so I guess it moves up 24 to the governor. And that the application for grant funding 25 for the Hill Country Crisis Council, 300-plus thousand 5-10-10 107 1 dollars, also is moving with favorable approval. 2 JUDGE TINLEY: Scored very high, as I recall. 3 COMMISSIONER WILLIAMS: They both did. 4 JUDGE TINLEY: Immediately above Kerr County, as I 5 recall. 6 COMMISSIONER WILLIAMS: Exactly, yes. 7 JUDGE TINLEY: Anything else, Commissioner? 8 COMMISSIONER WILLIAMS: No, sir. 9 JUDGE TINLEY: Do we have any elected officials or 10 department heads that have reports for us? Mr. Bollier? 11 MR. BOLLIER: Yes, sir. I believe that I have 12 talked to most of you guys about this. In the past recent 13 months, our community service has become far and few and in 14 between. We -- we are averaging one community service worker 15 on the work program on Saturday, one on Sunday. During the 16 week, we're lucky to have one during that week. And B.J., 17 who operates the work program for the Sheriff, has been out, 18 but I talked to him earlier. He says he will be back on a 19 week from today. He takes care of all of the mowing -- or a 20 lot of the mowing; not all of it, but most of it. But at the 21 Ag Barn, I am shy on help without community service. I know 22 that we rely on community service quite -- quite a bit. And 23 I know that I have been asked on several occasions why my 24 Maintenance Department is planting flowers or why are we 25 picking up trash outside the courthouse. Why are we doing 5-10-10 108 1 this? Why are we doing that? And the answer to that is that 2 there's no community service. I have none. I have talked to 3 Adult Probation. They say they just haven't the cases. And 4 I'm not going to argue that, because I do not know that. And 5 I'm just -- I just wanted to report that to you guys, because 6 I'm just hoping that it doesn't become something that I have 7 -- that will become a budgetary item, something that I will 8 have to, you know, come up with in the budget. 9 COMMISSIONER BALDWIN: Are you covering your rear? 10 Is that what's going on here? 11 MR. BOLLIER: Yes, sir, Commissioner. 12 COMMISSIONER BALDWIN: It is? 13 MR. BOLLIER: Yes, sir. 14 COMMISSIONER BALDWIN: Have you talked to the 15 County Attorney about that, maybe, for providing through the 16 courts? 17 MR. BOLLIER: I have not talked to the County 18 Attorney, I don't believe, but I have talked to the District 19 Attorney, to Amos Barton. I have talked to Rex Emerson. I 20 have tried to talk to Keith Williams about the problem. I 21 have not been able to sit down and talk with him. I -- I 22 just haven't had any contact with him. 23 JUDGE TINLEY: Had a brief conversation with 216th 24 Adult Probation acting chief, didn't you? 25 MR. BOLLIER: Yes, I did, this morning, and she's 5-10-10 109 1 the one that said, "Tim, I can't make them come." I said, 2 "Well, I know that." I know that. I don't know how actually 3 the judicial system works. I just know that most of the 4 time -- and this is what I hear, and this is what I am 5 hearing from Adult Probation, that a lot of times they hand 6 down hours to these guys, and they are only supposed to do, 7 like, 16 hours a month. And some of them have -- are on 8 probation for three or four years. Well, they may have a 9 total of 300 or 400 hours, but, you know, they're not stupid. 10 They can sit down and figure out, "Hey, man, I only got to do 11 so many hours this month, next month, and that's it," and 12 that's all they're going to do. So, you know, it's gotten to 13 where I can't count on -- the bottom line is, I can't count 14 on community service. So, I'm asking you guys for help. 15 That's what I'm here for. 16 COMMISSIONER OEHLER: I guess they're not handing 17 out as much of that time for community service any more as 18 they used to? 19 MR. HENNEKE: Well, Commissioner, it's not that. 20 COMMISSIONER OEHLER: Or the fines and fees and 21 stuff? 22 MR. HENNEKE: No, sir. It's that, you know, for 23 community service purposes -- and that's administered through 24 their probation departments, the adult and the juvenile -- 25 Kerr County is one of the entities and nonprofits that accept 5-10-10 110 1 community service. There's a lot of nonprofits; TexDOT, city 2 of Kerrville, Kerr County, and I don't know how the probation 3 office assigns those out, or if the -- the defendant is able 4 to select for themselves where they want to go do community 5 service. I think it's the latter, but we're on the list with 6 everybody else for people who are ordered to do community 7 service, but they're not ordered to do it with Kerr County, 8 and I don't think they could be. 9 COMMISSIONER OEHLER: I think a lot of that was 10 directed toward Kerr County for a long time, and now it must 11 be redirected -- 12 MR. BOLLIER: Somewhere else. 13 COMMISSIONER OEHLER: -- somewhere else other 14 than -- we used to have more than we could supervise. 15 MR. BOLLIER: And, I mean, I have talked to Will on 16 several occasions, and there's a place over here -- it's not 17 the Salvation Army, it's something else. And Will says the 18 lady was offering them two for one. Will told them they had 19 to quit before, because that's where they were all going. 20 Out at the Ag Barn, when they come to the Ag Barn, it isn't a 21 gravy train. We're not giving them a broom and saying, "Hey, 22 sweep the sidewalks." You go out there, grab a panel. If 23 you're weed-eating, grab a weeder and weed-eat. That's what 24 we do. They come out there; they go, "Hey, man, there's a 25 lot of work here," so they go -- they go find somewhere else 5-10-10 111 1 to go. You know, so -- 2 COMMISSIONER LETZ: That's probably a lot of it 3 right there. 4 JUDGE TINLEY: Yeah. I think one of the issues is, 5 does the Probation Department have the authority presently to 6 designate where they do that community service through their 7 community service coordinator? If not, maybe those court 8 orders need to be -- probation conditions need to be modified 9 to reflect that they do the community service as assigned by 10 the community service coordinator. 11 MR. BOLLIER: There you go. 12 MR. HENNEKE: I don't have the answer, Judge, but I 13 would be glad to look at that for you and the Court. 14 JUDGE TINLEY: Okay, I appreciate it. 15 COMMISSIONER OEHLER: 'Cause what I remember in the 16 past is that they said, you know, "You, you, you, and you, 17 load up. We're going," you know. 18 COMMISSIONER LETZ: To the courthouse. 19 COMMISSIONER OEHLER: "We're going to the 20 courthouse," or, "We're going to go trim brush and run it 21 through the chipper," or, "We're going to weed-eat." 22 COMMISSIONER WILLIAMS: We do that in jail release, 23 right? 24 JUDGE TINLEY: Mm-hmm. 25 COMMISSIONER WILLIAMS: What about the jail release 5-10-10 112 1 program? Are you still getting help that way? 2 MR. BOLLIER: From B.J.? Is that where we're going 3 with this? Yes, sir. But B.J. has been out of commission 4 now for a couple of months or however long it's been; I'm not 5 for sure. But B.J. -- I just talked to him. He's supposed 6 to be back on Monday. And that's what I was saying earlier. 7 B.J. and them, you know, besides the projects they do, the 8 mowing that they do for me, I know that they mow for Texas 9 Parks and Wildlife. I know they mow the Dietert Claim, and I 10 think that they do another -- they do some mowing out on 11 Upper Turtle Creek. I may be wrong, but I think there's a 12 park or something out there they do on Upper Turtle Creek. 13 COMMISSIONER OEHLER: They also do trash at Ingram 14 Dam and Shoemaker Crossing. 15 MR. BOLLIER: And they pick up all the trash in all 16 the parks on Mondays. They also pick up trash along the 17 highways and, you know, certain places. 18 COMMISSIONER LETZ: County roads. 19 MR. BOLLIER: County roads. You know, so he's got 20 a -- B.J., when him and his boys are out there, they have a 21 full plate. They have a full plate. And every -- you know, 22 and I have -- I have had to call B.J. and see if he could 23 come out and help us when we didn't have community service. 24 This isn't just a problem that just started two weeks ago. 25 This problem has been happening for a while now. It's just 5-10-10 113 1 started declining, declining. You know, I always thought, 2 well, you know, it will pick up, but it has never -- it 3 hasn't picked up. It's just gotten worse and worse as we go 4 down the ladder. 5 COMMISSIONER BALDWIN: I appreciate you bringing 6 it. Maybe we can get something done. I agree with Bruce, 7 though; I remember there was coveys of them. 8 MR. BOLLIER: Mm-hmm. 9 COMMISSIONER BALDWIN: Herds of them. I don't know 10 where they came from or where they went, but they sure helped 11 this county in a lot of ways. 12 JUDGE TINLEY: You know, if, in fact, these 13 probationers can seek out their own community service site 14 from a list of nonprofits, I can see, you know, 10 of them 15 going down where there's a need for one, to one nonprofit, 16 and they take turns working 10 minutes a piece, and the rest 17 of them sit around and jawbone. 18 COMMISSIONER OEHLER: Get a few days credit. 19 JUDGE TINLEY: And all get time for it. 20 COMMISSIONER BALDWIN: And get two for one 21 somewhere else. 22 JUDGE TINLEY: Yeah. 23 COMMISSIONER LETZ: They shouldn't be allowed to 24 get two for one anyway. 25 COMMISSIONER WILLIAMS: How to beat the system. 5-10-10 114 1 JUDGE TINLEY: Well, there's some incentives on the 2 two-for-one if a probationer has particular skills. A lot of 3 times they'll give -- they'll give two, or I've seen 4 three-for-one, but it's -- you use discretion on that, 5 depending upon the level of skill that's brought to the task. 6 And so -- 7 MR. BOLLIER: I've even -- you know, Will and I 8 even sat down and talked about it. I said, "Let's give them 9 some kind of incentive to come out here." You know, like 10 when I set up the arena, I told Will, "I have no problem 11 giving them time and a half." You know, give them 12 hours 12 for 8 hours. I have no problem with that at all, if I got 13 somebody that -- I'm not going to give it to some Joe Blow 14 that comes out there, and you got to find him every time you 15 need some help. You know, he's going to get 8 hours. But, 16 you know, if I got a man over there and he's clicking right 17 along with the rest of us, I have no problem giving him extra 18 hours. 19 JUDGE TINLEY: Thank you. Appreciate it. 20 MR. BOLLIER: Yes, sir. 21 JUDGE TINLEY: Any more -- Ms. Hargis? 22 MS. HARGIS: I didn't put mine on the agenda. Ray 23 kind of reminded me. We have involuntarily, but voluntarily, 24 given Kerr County for -- the Auditor's Association will be 25 here in October of 2012, and there's about 500 people in that 5-10-10 115 1 group. There will be no funding really required for that 2 either. The Visitor's Center is working with me already. 3 The Y.O. is also working with me, so we should have a pretty 4 big group here in 2012. They're real excited about it. 5 They're supposed to ratify it at the October meeting this 6 year. So, we're kind of looking forward to it, and they're 7 already hounding me in every hotel and everywhere else to do 8 that. But we have sponsors that take care of -- we get 9 sponsors to take care of all of our food and stuff like that, 10 so the main -- and then -- and we will -- one of the things 11 we'll probably have to do is get some sponsors for buses. 12 But Gillespie County is going to try to get some sponsors 13 from that county as well, and Bandera, to help us with busing 14 people if we need to have them bused. Might pull in Mr. 15 Oehler here to maybe barbecue a little bit. 16 COMMISSIONER OEHLER: My ears are plugged; I can't 17 hear. (Laughter.) 18 COMMISSIONER LETZ: Hearing aid's turned off. 19 MS. HARGIS: One of the options that the Y.O. Hotel 20 has offered is possibly to go out to the Y.O. Ranch and kind 21 of show these folks from around the country how we live in 22 the hill country. But we have until 2012. But I did attend 23 a week-long session. It was interesting. One of the big 24 things is that -- that there is a kind of a discrepancy where 25 the state of Texas has had the 16 million-dollar -- billion 5-10-10 116 1 dollar debt, or 18 billion. There is a huge concern among 2 the TAC legislative staff, as well as some of the county 3 auditors that have been working and going to, you know, the 4 hearings, that we may end up with quite a few unfunded 5 mandates. So, that may hit us in the next session because of 6 the shortfall. So, I think we -- they recommend that we stay 7 alert in the next six months and keep in touch with 8 Hilderbran or anyone else that we have up there that -- you 9 know, on any concerns that we have. So, you know, I'm going 10 to actually go and visit with him a little bit as well, 11 because we -- we need to make them aware that we're here, and 12 that we don't want some of these unfunded mandates. And he's 13 talked about it as well at another meeting that he came to 14 that I was at. 15 There's some other things in -- in the GASB 16 pipeline that are going to be very expensive. They're going 17 to require a lot of knowledge. I'm hoping that our 18 association can come up with a team that can actually explain 19 some of them, but they are going to be expensive. They think 20 now they're going to make us put our pension on our financial 21 statements as an unfunded liability. That will mean we will 22 probably have zero assets. We don't even control those 23 funds. We don't even have cash for those funds. But they're 24 looking -- there's a pronouncement out there, and it's under 25 review. And it's gotten a lot of kickback, but we have to 5-10-10 117 1 show that as well as our actuarial for our OPIC. We're 2 really going to have some problems. So, they're fighting it, 3 but there's some pretty lousy GASB things coming out, because 4 S.E.C. says we're still not doing what they need for the bond 5 holder to buy the debt, so it all goes back to S.E.C. They 6 think that what our financial statements will look like in 7 three years is excellent, so that's very expensive. And we 8 don't -- we don't work that way. So, if you have anybody you 9 know in Austin and any influence, one of our professors at 10 U.T.'s going to be put on the GASB board in Connecticut, so 11 I'm going to write him as much as I can, 'cause I am a friend 12 of his. But I just wanted to let you know there's some 13 things coming down that may cost us some money. Don't know 14 exactly when they're going to come down the pike, but in the 15 next -- you know, there's some this next year, and then some 16 more. There's also a deal with the H.R. function, as to how 17 that's handled. Apparently there's some work on that as 18 well. So, a lot of -- a lot of stuff. 19 JUDGE TINLEY: Well, I appreciate you putting our 20 name in the hat. That's good economic development for Kerr 21 County. Bruce says he's got his ears closed. One of the -- 22 one of the conferences that I've heard the most about that 23 has been conducted in Kerr County was one that the District 24 Clerks had -- year before last? 25 COMMISSIONER OEHLER: Two years ago. 5-10-10 118 1 COMMISSIONER BALDWIN: Two years. 2 JUDGE TINLEY: That -- that Bruce did -- and his 3 team did the cooking out at the Y.O. That food -- the 4 notoriety of how good that food was has gone all over the 5 state, so when people learn that it may be in Kerrville, and 6 if you put up enough money so this guy can buy the right kind 7 of meat, it gets -- 8 COMMISSIONER OEHLER: I sure don't make any money 9 out of it. 10 JUDGE TINLEY: No, I know you don't. 11 MS. HARGIS: We'll, he's being recommended by the 12 Y.O. Hotel as well, so he -- his name is really getting out 13 there. 14 COMMISSIONER OEHLER: I have contacts at the Y.O. 15 COMMISSIONER LETZ: Friends, right? 16 COMMISSIONER OEHLER: Yeah, friends. 17 JUDGE TINLEY: With friends like that, you don't 18 need enemies. 19 COMMISSIONER BALDWIN: I was hoping John would be 20 in the room to give us an update on the telephone wiring with 21 the Hill Country Telephone Company. 22 COMMISSIONER LETZ: But he's not. 23 JUDGE TINLEY: He's not in the room. Doesn't 24 appear to be. The last report I had from him, it was 25 proceeding along very, very promptly. They're doing -- I've 5-10-10 119 1 seen some e-mails regarding tests. You may have seen some of 2 those. As they're doing tests, they're -- they're working 3 through the issues. A lot of them, they're not having to 4 work through issues, 'cause they're working the first time. 5 COMMISSIONER BALDWIN: Mm-hmm. 6 JUDGE TINLEY: That's what I'm seeing a lot of. 7 But that's moving along. That doesn't appear to be a five- 8 or six-week deal. 9 COMMISSIONER BALDWIN: I'm excited about that. 10 JUDGE TINLEY: Yeah. Any other department heads? 11 Elected officials? I'm amazed. Ms. Hyde is remaining in her 12 seat. 13 COMMISSIONER BALDWIN: God, and Rusty's gone too. 14 This just doesn't seem right, does it? 15 COMMISSIONER OEHLER: Where's Rusty? 16 MS. HYDE: If y'all want me to, I'll stand up and 17 say something. 18 COMMISSIONER BALDWIN: That's okay. 19 MS. HYDE: Thank you. 20 JUDGE TINLEY: We're not insisting. 21 MS. HYDE: Thank you. 22 JUDGE TINLEY: All right. Okay, we'll be 23 adjourned. 24 (Commissioners Court adjourned at 12:24 p.m.) 25 - - - - - - - - - - 5-10-10 120 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 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 14th day of May, 2010. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5-10-10