1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, June 21, 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 June 21, 2010 2 PAGE --- Visitors' Input 7 3 --- Commissioners' Comments 20 4 1.1 Open bids received for repairs to Flat Rock & Ingram Dams; authorize referral to Les Boyd, PE, 5 Freese and Nichols, for review/recommendation 26 6 1.4 Consider/discuss, take appropriate action to approve Triangle J Trail S., a private road 7 name in Precinct 4 27 8 1.5 Consider/discuss, take appropriate action to set a public hearing for revision of plat of 9 Lot 17 of Staacke Ranch Subdivision, Pct. 3 28 10 1.6 Consider/discuss, take appropriate action to set a public hearing for placing 3 stop signs 11 and 1 yield sign in Shalako Estates, Pct. 4 29 12 1.7 Public Hearing for revision of plat for Tracts 130 & 131 of Y.O. Ranchlands, Section Three, 13 Precinct 4 31 14 1.2 Consider/discuss, take appropriate action to approve Interlocal Cooperation Agreement between 15 Kerr County and Center Point ISD for alleviation of flooding issues in Center Point 31 16 1.10 Public Hearing regarding revision of plat for 17 Lots 23-A and 23-B of Twin Springs Ranch II, Precinct 2 35 18 1.3 Consider/discuss, take appropriate action 19 regarding South Texas Blood and Tissue doing a blood drive 08-04-10 in courthouse parking lot 36 20 1.8 Consider/discuss, take appropriate action to 21 allow Kerr County Juvenile Detention Center to enter into contracts with various counties for 22 "secure pre-adjudicated residential services" 36 23 1.9 Consider/discuss, take appropriate action to address possibility of prohibiting sale or use 24 of restricted fireworks (skyrockets with sticks & missiles with fins) in any portion of the 25 unincorporated area of Kerr County pursuant to Local Government Code for 4th of July holiday 44 3 1 I N D E X (Continued) June 21, 2010 2 PAGE 1.12 Consider/discuss, take appropriate action to 3 review concept plan for Lot 15 of Verde Park Estates, Section 2, Precinct 2 44 4 1.13 Public Hearing to discuss County Clerk's annual 5 plan for funding preservation and restoration of the County Clerk's records archive 47 6 1.14 Public Hearing to rescind Court Order regarding 7 Cummings Lane currently being maintained partially by County and partially by residents 48 8 1.17 Public Hearing concerning installation of a stop 9 sign at Roadrunner Ln. and Sandy Ln., Precinct 2 58 10 1.11 Consider/discuss, take appropriate action to approve final revision of plat for Lots 23-A 11 and 23-B of Twin Springs Ranch II, Precinct 2 59 12 1.18 Consider/discuss, take appropriate action for final approval to install stop sign on Roadrunner 13 Ln. and Sandy Ln., Precinct 2 60 14 1.15 Consider/discuss, take appropriate action to allow Maintenance Department to hire a part-time 15 person three days a week for summer months 61 16 1.16 Consider/discuss, take appropriate action to authorize Request for Proposals/bids for nine 17 air conditioning units at jail, contingent on execution of contract for acceptance of SECO 18 grant funds 62 19 1.19 Consider/discuss, take appropriate action concerning approval of bid by Guardian Security 20 for security camera system for Kerr County Sheriff Annex 67, 142 21 1.20 Consider/discuss, take appropriate action to 22 approve applying for 2010 Edward Byrne Memorial Justice Assistance Grant for $88,000 for Automated 23 Fingerprint Identification System (AFIS) -- 24 1.21 Consider/discuss, take appropriate action to approve reapplying for 2010 COPS Hiring Program 25 grant for two officers' salary & benefits for three years 76 4 1 I N D E X (Continued) June 21, 2010 2 PAGE 1.22 Consider/discuss, take appropriate action to 3 rescind Court Order #31725 which directed the County Attorney to request an Attorney General 4 opinion on the applicability of the Model Subdivision Rules in the ETJ and invoke the 5 Arbitration Clause under Chapter 242 of the Local Government Code to resolve the issue of 6 subdivision rules in the ETJ 79 7 1.23 Consider/discuss, take appropriate action on resolution to LCRA and PUC related to trans- 8 mission line routes 80 9 1.39 Update from Representative Harvey Hilderbran on LCRA's proposed CREZ transmission line proceedings 10 before Texas Public Utility Commission and/or discussion of possible criteria to be considered 11 in determining location of such line 89 12 1.24 Consider/discuss, take appropriate action to authorize Kerr County to join with City of 13 Kerrville as intervenors in LCRA's CREZ transmission line matter pending before the 14 Public Utility Commission 101 15 1.25 Consider/discuss, take appropriate action on calling for road district in a portion of Lazy 16 Valley Subdivision; set public hearing for same --- 17 1.26 Consider/discuss, take appropriate action on calling for road district in a portion of Castle 18 Lake Subdivision; set public hearing for same --- 19 1.27 Consider/discuss, take appropriate action to receive audit report by Kerr County Auditor of 20 the office of the Kerr County Attorney 104 21 1.28 Consider/discuss, take appropriate action to approve preliminary Kerr County budget calendar 22 and dates for budget workshops 105 23 1.29 Consider/discuss, take appropriate action regarding abandonment of county road through 24 Ingram Little League property; set public hearing on same 110 25 5 1 I N D E X (Continued) June 21, 2010 2 PAGE 1.30 Consider/discuss, take appropriate action to 3 authorize signage at Flat Rock Lake Park relating to pet waste resulting in increased levels of 4 bacteria as monitored by UGRA in the Riverside Parks area of Guadalupe River 113 5 1.31 Consider/discuss, take appropriate action on 6 capital/personnel/financial matters relating to Airport Services Agreement between Airport Board 7 & Kerr County to become effective October 1, 2010 122 8 1.32 Consider/discuss, take appropriate action to reject the Rubio Construction bid for sewer 9 construction improvements, Phase IV, Kerrville South Wastewater Project due to lack of available 10 grant funds; TxCDBG Contract No. 728065 143 11 1.33 Consider/discuss, take appropriate action to authorize project engineer to modify plans and 12 specifications and rebid contract for sewer improvements in Kerrville South Wastewater 13 Phase IV; TxCDBG Contract No. 728065 145 14 1.34 Consider/discuss, take appropriate action on Change Order #2 to contract with Kendnel Kasper 15 Construction, Inc. on Kerr County Sheriff's Annex/ Adult Probation Building project 148 16 1.35 Consider/discuss, take appropriate action to 17 adopt resolution in support of Hill Country Telephone Cooperative in its efforts to provide 18 local calling services throughout its entire service area 151 19 1.36 Consider/discuss, take appropriate action to 20 notify TWDB of our intention to request 90-day extension of Grant Agreement No. G090003 set to 21 expire on August 31, 2010 155 22 1.37 Consider/discuss, take appropriate action regarding occupancy of new Sheriff's Annex/ 23 Adult Probation facility 159 24 1.38 Consider/discuss, confer with County Attorney, take appropriate action on possible litigation 25 regarding enforcement of Texas Health & Safety Code in connection with Animal Control Department 177 6 1 I N D E X (Continued) June 21, 2010 2 PAGE 1.40 Consider/discuss, take appropriate action to 3 open bids for one 2010 F150 Ford truck for Environmental Health Dept. & two 2010 F150 4 Ford trucks for Animal Control; award contract 178 5 4.1 Pay Bills 181 4.2 Budget Amendments --- 6 4.3 Late Bills 181 4.4 Approve and Accept Monthly Reports 182 7 5.1 Reports from Commissioners/Liaison Committee 8 Assignments 183 5.2 Reports from Elected Officials/Department Heads --- 9 3.1 Action as may be required on matters discussed 10 in Executive Session 184 11 --- Adjourned 186 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 On Monday, June 21, 2010, at 9:00 a.m., a special 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, June 14th, 2010, at 9 a.m. It is that 11 time now. If you would, please, if you'd stand join me in a 12 moment of prayer followed by the pledge of allegiance. 13 (Prayer and pledge of allegiance.) 14 JUDGE TINLEY: Thank you. Please be seated. At 15 this time, if there's any member of the public or the 16 audience that wishes to be heard on a matter that is not a 17 listed agenda item, this is your opportunity to come forward 18 and tell us what's on your mind. If you wish to be heard on 19 a listed agenda item, we'd ask that you fill out a 20 participation form. There should be some located at the rear 21 of the room. That gives me advance notice that there's 22 someone that wishes to be heard on that particular agenda 23 item. However, if we get to that agenda item and you haven't 24 filled out a participation form, get my attention in some 25 manner; I'll give you the opportunity to be heard. But right 6-14-10 8 1 now, if there's any member of the public or audience that 2 wishes to be heard on any matter that is not a listed agenda 3 item, we'd ask that you come forward now and tell us what's 4 on your mind. Yes, ma'am? If you'll forward and give us 5 your name and address and tell us what you have on your mind. 6 MS. HALL: Good morning, Judge Tinley, 7 Commissioners. I'm Rose Hall, a resident of Kerr County at 8 118 Robin Hill View South, and thank you for this 9 opportunity. This morning, I speak representing my community 10 of faith, the Hill Country Society of Friends, more readily 11 recognized as Quakers. We want to support the project for 12 homeless veterans proposed for the Kerrville Veterans 13 Administration medical complex. While we are pacifists, we 14 want the men and women who serve in the military to come home 15 from war injured and fragile and in danger of losing their 16 homes, or have already lost them, to be cared for until they 17 are able to take up their lives here at home. I am assured 18 that you are also members of the Christian faith, and your 19 public service here speaks of your dedication. You are 20 people who take care of things, and conversely, use things to 21 take care of people. It is that balance, using people to 22 take care of things and using things to take care of people, 23 that we come forward to support. 24 The Kerrville Daily Times, in its weekend edition, 25 efficiently provided this community with information about 6-14-10 9 1 the shelter -- the proposed shelter for homeless veterans of 2 Iraq and Afghanistan. These have answered the questions that 3 have lately been raised in the press. We are assured that by 4 July, the favored private contractor will submit its proposal 5 to the Veterans Administration. We have a timeline going 6 forward to the project's completion. The structure that 7 forms the base of that proposal is readily available from the 8 Department of Veterans Affairs. I was able to Google 9 "Proposal for a homeless shelter for veterans, Kerrville, 10 Texas," and follow the process, fill in basic form providing 11 "none" when asked for my company name. You will then be 12 registered and can download the entire Request for Proposal 13 or RFP -- it's number VA10109RP0141 -- in its 112-page 14 entirety. 15 It contains the detailed specifications for this 16 above-named proposal, and in July may become a contract 17 between the Department of Veterans Affairs and the preferred 18 contractor. The private contractor bears the responsibility 19 for all matters related to the V.M.C. -- V.A.M.C., excuse me, 20 Kerrville, gaining cooperation from the community, 21 negotiating all matters relating to the property, et cetera. 22 At some point between now and 2013, the local officials will 23 be asked to provide fire, police, and sewage for this 24 facility, as it does for many churches and nonprofits that 25 currently exist here. We, the Hill Country Society of 6-14-10 10 1 Friends, ask that you embrace the proposal in the spirit of 2 both using people to take care of things and using things to 3 take care of people, and to resist any idea of opposing this 4 project. In addition, we ask that you cooperate with the 5 City Council to provide an open forum so that all of us are 6 well-informed. Thank you for this time. 7 JUDGE TINLEY: Thank you, Ms. Hall. Anyone else 8 wish to be heard? This gentleman was up first, if you don't 9 mind. Come forward and give us your name and address; tell 10 us your thoughts. 11 MR. CANTRELL: Morning. My name's Bill Cantrell; I 12 live at 428 Saddle Club Drive, and I'm here to talk about the 13 Kerrville V.A. homeless project as well. I know we all 14 support the veterans. I've seen all of you at all of the 15 Memorial Day and Veterans Day functions. Now, I get nervous 16 talking, so I've printed out some things, and if you don't 17 mind, I think I'll read them. Then I'll say a little 18 something. Many of our veterans have returned home finding 19 themselves affected by different situations, such as finding 20 their old job gone, new jobs hard to find, family demands 21 difficult, and lacking the skills and resources to deal with 22 these problems. Coming from a combat zone adds another 23 burden to all of these problems. The sounds of the rocket 24 and the mortar blast, the constant fear of when the IUD or 25 the sniper's bullet will find you, these pictures etched in 6-14-10 11 1 the eye of your soul. You return home and feel engulfed with 2 a sense of aloneness. Nobody really understands except your 3 buddies, but they aren't all around you now. There's pain 4 now of a different sort. Nightmares and doubts, and aspirin 5 won't help this pain. Many find alcohol and drugs make the 6 pain subside, and you find yourself sinking into a spiral of 7 bleak despair, and you find yourself wanting to retreat from 8 this painful world, because nobody understands, and frankly, 9 you scare some of the people closest to you. 10 I'm a combat veteran. I spent a year in Vietnam in 11 ICOR supporting the Marines and the Airborne. A year. I 12 look at my year and I wonder, how does that compare to some 13 of these young men and women that have spent two and three 14 tours in the combat zone? I came back. When I got off the 15 airplane, I was spit on. I know you've all heard these 16 stories. I had problems. I didn't understand what the 17 problems were; I just knew I had problems. And I got some 18 help. I was sent to the Vietnam Veterans Center in Fort 19 Worth, and I spent 10 months of therapy for P.T.S.D., 20 post-traumatic stress disorder. I was able to come out of 21 it. You know, I'm still troubled by it; I still feel things 22 at times, but I don't scare people so much any more, I don't 23 think. But I was able to go on with a successful career, 24 flew 30 years for Delta Airlines. 25 And all I'm asking is, I know that the 6-14-10 12 1 Commissioners Court has not come out and expressed your 2 opposition to this plan. I know you haven't. I'm just 3 asking that you not do it until you've had a chance to see 4 more of the answers come out of the V.A. They've been very 5 slow with their answers. A short time back, I found out 6 there was such a thing as the Hill Country Veterans Council, 7 and when I found out about that council, I found out that 8 they were having a meeting the next day. I had read the same 9 report from the San Antonio Express News that all of you 10 read, that there was an answer coming out very shortly, but 11 there was nothing on the agenda from the City Council. So, I 12 went to this Hill Country Veterans Council, and at that 13 meeting -- I sat there the whole meeting; they allowed me to 14 stay. At that meeting, the three people from the Kerrville 15 V.A. -- Robin Gutierrez, Chief Madison -- came and they 16 spoke. They arrived 30 minutes after the meeting started, 17 and they spoke for about 20 minutes. At the end of that 18 time, a group of four came in, including Marie Weldon, who is 19 the director of South Texas V.A. Health Care System, and she 20 came up with a whole bunch of answers that I -- listening to 21 General Schellhase, nobody had heard any of these answers 22 before. Some of these answers I think some of you haven't 23 heard yet, because they haven't been released. They aren't 24 in the minutes of that meeting. 25 So, all I'm asking is if you would hold back your 6-14-10 13 1 opposition until you get some more answers, because I'm aware 2 that the V.A. sometimes can be turned from their course just 3 by hearing that the major stakeholders of -- of an area are 4 opposed to something. They find it easier just to back off 5 that. That's what I'm afraid they'll do. And this is truly 6 a nonpartisan thing. This is not Democrat or Republican or 7 Libertarian. This is for our veterans. And whether you 8 agreed with one administration or another on sending our 9 troops to a war zone, the thing is, they were sent, and 10 ultimately it is us who sent them. And it is we who are 11 responsible for them. Thank you. 12 JUDGE TINLEY: Thank you, Mr. Cantrell. Yes, sir? 13 Come forward and give us your name and address. 14 MR. SNOW: My name is Billy Snow. Address is 760 15 Johnson Drive, Kerrville, Texas. Good morning, Your Honor, 16 Commissioners. I'm here on behalf of the state 4-H shooting 17 sports program, as a member of the state training committee 18 and the coordinator for the Junior Ambassador program for 19 shooting sports statewide to extend the first, and more of an 20 informal invite to all the members of the Court and to make 21 y'all aware, starting June 29th this year, Texas will be 22 hosting the national 4-H shoot here in Kerrville, Texas. We 23 will also have it next year; it is a two-year contract on 24 rotation. We were the instigators in the beginning of it 25 some 11 years ago. But the opening ceremonies for that 6-14-10 14 1 program will be at the Tivy High School gym on Tuesday 2 evening, June 29th, at approximately 7 p.m. And we will have 3 a more formal -- or a representative of the Ambassadors here, 4 probably by your next meeting, the day before. But I wanted 5 to make sure it gets on your agenda and to make y'all aware, 6 we're fixing to be representing -- or hosting some 600 youth 7 from over 30 states in here for a week, and we expect that 8 the impact on this community is somewhere in the neighborhood 9 of 3,000 to 3,500 room nights, and to also tell you that 10 Texas will be trying to continue the trend of winning the 11 overall high national trophy for 11 years running. Thank 12 y'all. 13 JUDGE TINLEY: Thank you, Mr. Snow. Anyone else? 14 Yes, sir. Come forward, please, and give us your name and 15 address. 16 MR. MYERS: Good morning. I'm Jim Myers. My 17 address is 360 Saddle Club Drive in Kerrville. I'd like to 18 speak to the homeless veterans issue. A few days ago, I 19 visited the City Council and I made a few comments there. 20 And, basically, I am a member of the Quaker community here, 21 and I think that we have brought an issue not only to the 22 City, but we hope to bring it here to the County 23 Commissioners, that we really need to get behind this project 24 that the V.A.'s proposing. And it's under way, actually, so 25 the train is sort of leaving the station, and I think that we 6-14-10 15 1 should perhaps get on board. And as has been said before by 2 Bill Cantrell, you know, we don't want to give the V.A. the 3 impression that we don't care, that it's not wanted in this 4 community, because I think basically there is a groundswell 5 of support for it. You just haven't seen that tide kind of 6 rolling into the shore. Certain veterans' organizations here 7 claim to represent all the veterans in the hill country, and 8 clearly they don't. So, we would ask that you support that. 9 And I would leave you with a couple other thoughts. 10 Bill mentioned the fact that some troops are on their second 11 deployment. It's more likely that, almost after nine years, 12 not quite nine years of involvement, these troops are 13 probably on their fifth, sixth, or seventh deployment. One 14 just can't imagine the trauma, not only physical, but mental, 15 that these folks have from just being away from family or 16 being in a combat zone, being put at risk, and they're going 17 to come home to what? And I -- I quoted this lyric from a 18 tune by Eric Bogle. It has to do with the Battle of 19 Gallipoli in World War I. It was an eight-month campaign 20 where the British invaded the -- sort of that peninsula of 21 Turkey, and thought that they could just go ahead and sweep 22 through Turkey. There were some 141,000 allied casualties, 23 among whom there were 44,000 killed. The Turks suffered 24 251,000 casualties, of whom more than 86,000 lost their 25 lives. And between the 97,000 and 165,000 Turkish wounded, 6-14-10 16 1 whatever happened to them? We don't know, because history 2 didn't really tell us a whole lot about that. But Bogle 3 commented on this in his tune. "So they collected the 4 cripples, the wounded, the maimed, and they shipped us back 5 home to Australia. The armless, the legless, the blind, the 6 insane, these proud wounded heroes of Suvla. And as our ship 7 pulled into Circular Quay, I looked at the place where my 8 legs used to be, and thanked Christ there was no one waiting 9 for me, to grieve and to mourn and to pity. And the band 10 played Waltzing Matilda as they carried us down the gangway, 11 but nobody cheered. They just stood and stared, and then 12 turned all their faces away." Well, gentlemen, I would like 13 to ask you not to turn your faces away. I think this is an 14 important issue to have this homeless veterans project here, 15 and we should support it as a community and as a county. 16 Thank you for your time. 17 JUDGE TINLEY: Thank you, Mr. Myers. Anyone else 18 wish to be heard on any matter that is not a listed agenda 19 item? Seeing no one else seeking recognition, we will move 20 on. I want to recognize this morning -- our Agricultural 21 Extension people are here this morning, Roy Walston and Rene 22 Walls. They have some young people with them. And Laurinda 23 Boyd, of course, is the 4-H Coordinator; she's here with her 24 kids, I guess is what she probably calls them. Roy, Rene, 25 Laurinda, whoever's going to be leading the charge here, come 6-14-10 17 1 tell us what this is all about. 2 MR. WALSTON: Thank you, Judge. I'd like to take 3 the opportunity to recognize some of our representatives, if 4 y'all would come on up. This past week, we just -- we had an 5 opportunity to spend basically all week at College Station 6 with our -- for our Texas 4-H Roundup. If y'all would just 7 stretch that across right there? There you go. This last 8 week, we had 17 4-H'ers, along with several adults and 9 volunteer leaders, and this was an opportunity that we get to 10 spend each year, first week in June, and it's something that 11 these kids look forward to. They work a lot of hours in 12 their various contests, and I'd like just to share this 13 opportunity with you and explain some of the results of 14 their -- of their awards. This -- this year, we start -- 15 they had a lot of changes to 4-H Roundup. There was a lot of 16 changes; we've got some new leadership in the Texas 4-H 17 system, and with that came a lot of the changes. One of the 18 changes that came is a sweepstakes award for the high-point 19 county out of the state that won the most points in 20 livestock, as well as -- they had another sweepstakes for 21 family consumer science. 22 Kerr County was the high-point county and won the 23 sweepstakes for generating the most points in the livestock 24 division. They did this with a first-place high-point team 25 in the mohair judging contest. Also a third-place high-point 6-14-10 18 1 team in mohair judging. Also, a first place in the sheep and 2 goat demonstration, a third place in grass identification, 3 and we also had a fourth place in our Share the Fun skit. We 4 had 17 kids, as I mentioned earlier. These are -- these are 5 part of the group that we got to take. The rest of them 6 weren't able to be here. We'd like to have had them all. 7 I would like to go ahead and introduce those to 8 you. Leah Bauer, Colton French, Daniel Haverlah, and Rachel 9 Taylor made up our grass identification team. Amanda Weaver, 10 Katelyn Mitchell, Tess Dula, and Jackie Nentwich made up our 11 first-place mohair judging team. Katelyn is holding her 12 trophy. Katelyn is our lone graduating senior. We're going 13 to hate to see Katelyn leave. This is her last duty as a 14 4-H'er, she told us, so we hate -- Katelyn moved here two 15 years ago from Houston. Last year she was third-high 16 individual at the state mohair contest, so we've enjoyed 17 Caitlin's time with us. Ashley Walters, Adair White, Thomas 18 Frizzell, and Ethan Muehlstein were third-place people in 19 mohair judging. We have Ethan and Adair here. Danielle 20 Snow, Jake Behrens, and Fred Tally-Foos were on our Share the 21 Fun team. Nick Randal is on our State 4-H Council. Nick is 22 our fourth member in the past four years that's served on 23 State 4-H Council here from Kerr County, and I'd like to give 24 him a little time to explain to you exactly what they do on 25 state council. 6-14-10 19 1 MR. RANDAL: Do I need to come over there? This 2 year, as part of our Texas 4-H Council, we got the 3 opportunity to perform two major duties. Every other year, 4 we have a state congress where 4-H'ers from all over the 5 state of Texas come in and they -- the high school youth, and 6 they come in and participate in a mock congress session. We 7 have, you know, a full Senate, House, the governor, all of 8 that, and we come in where they have submitted bills -- the 9 student -- or the 4-H'ers have submitted bills, and we come 10 in and we discuss them and we actually talk about them and 11 vote about them, submit them to the governor, and then, 12 depending on what we rule as something good, we actually 13 submit them to the governor here. And that's state congress. 14 Like he said, there was a roundup, too. The roundup -- the 15 major role that we play in that is running -- not the 16 competitions, but lining everything up and everything that 17 will be -- we hand out awards and stuff like that. So... 18 MR. WALSTON: Thank you. Do y'all have any 19 questions for the kids? 20 JUDGE TINLEY: Anybody got any questions? 21 COMMISSIONER LETZ: Congratulations. 22 JUDGE TINLEY: Fine, fine group of young people. 23 COMMISSIONER BALDWIN: Fantastic. 24 JUDGE TINLEY: I'll reiterate the comment that I 25 make frequently, that as the presiding juvenile judge, I 6-14-10 20 1 don't see these young people in my court. They're doing good 2 things. 3 MR. WALSTON: If you do, let me know. (Laughter.) 4 JUDGE TINLEY: So, I don't see them. It's a 5 wonderful program. We appreciate what you're doing. 6 MR. WALSTON: Well, thank you. We don't have a 7 problem keeping them busy. 8 JUDGE TINLEY: Thank you. 9 (Applause.) 10 JUDGE TINLEY: Commissioner Baldwin, do you have 11 something for us this morning? 12 COMMISSIONER BALDWIN: Yeah. I'd like to respond 13 to you guys about -- about the V.A. issue. If you remember, 14 about six months ago, I had contacted the V.A. folks and 15 scheduled a person to come from the V.A., come to this 16 Commissioners Court to explain to us what -- what this 17 homeless issue was all about. And it was -- in my mind, I 18 think yours as well, the reason that we wanted to know is 19 that -- so -- is there anything that we need to do to prepare 20 and to help them along? As an example, the Indigent Health 21 Care program, is there something that we need to do to tweak 22 that to -- is that going to cause our Indigent Health Care 23 program to -- to do different things? And what can we do to 24 prepare for them? And they simply refused to come to this 25 Court to explain to us. We had them scheduled -- I had a 6-14-10 21 1 person scheduled to come here, and at the last minute they 2 canceled on us, and they have refused to come back. I, for 3 one, and I know y'all as well, support it. Veterans 4 Administration is going to support this program. I'm all for 5 it. It doesn't -- I think it's a great thing. But as county 6 fathers, we do other things. We use taxpayers' money in our 7 budget process to meet all kinds of needs, and as a county 8 father, I would like to know what the issues are out there so 9 that we can do our job and meet the needs of the veterans. 10 It's as simple as that. Still waiting for them to come here 11 and tell us what they want us to do. That's all. 12 JUDGE TINLEY: Thank you. Commissioner Williams? 13 COMMISSIONER WILLIAMS: Thank you, Judge. It's 14 always a pleasure to recognize individual achievement, and I 15 want to take just a moment to talk about a program and 16 introduce a young man to the court and to the audience. 17 Workforce Solutions, located in our 11-county rural -- rural 18 career centers in our 11 rural counties, had their Workforce 19 staff assisting about 2,700, close to 2,800 employers with 20 labor market information, job postings, employer incentives 21 and all sorts of things. Among the things that they do is 22 that they operate a Workforce Solutions summer youth work 23 experience program for at-risk youth with multiple barriers 24 to employment, and about 70 youth in our 11 rural counties 25 participated in that. In the Alamo region, one of those 70 6-14-10 22 1 is in the room with us today, and I want to introduce him to 2 the Court, just give you a little word about him and 3 recognize his signal achievement thus far. 4 Less than two years ago, this young gentleman, 5 Triet Nguyen, and his family moved to the United States in 6 search of the American dream. When he and his family 7 arrived, they were unable to speak English and lacked the 8 skills necessary to gain employment. After six months of 9 English as a second language classes, and gaining his high 10 school diploma, Triet began looking for employment. He was 11 eligible to participate in the summer youth work experience 12 program, and he was enrolled in the program and began working 13 at Peterson Regional Medical Center as a radiology 14 technician. His supervisor was very impressed with his 15 progress and stated that he was a huge asset to the Radiology 16 Department, and was able and always eager to help when 17 needed. Because of his exceptional attitude, she was able to 18 hire Triet after the conclusion of the summer youth program. 19 He was selected as the 2010 Kerr County Workforce System 20 Award of Excellence through Individual Achievement by 21 Workforce Solutions Alamo at the April board meeting of the 22 directors in Kerrville. He was also recognized by Alamo Area 23 Council of Governments at its last meeting. Triet started 24 full-time college in Alamo College in Kerrville working 25 towards a degree in business. He was selected as Alamo 6-14-10 23 1 College's student of the month in March, and finished his 2 semester with a 4.0 GPA. It's a pleasure to present to you a 3 young gentleman who's working to fulfill his American dream, 4 Triet Nguyen. Triet, please come to the podium. 5 (Applause.) 6 MR. NGUYEN: Good morning, ladies and gentlemen. 7 My name is Triet Nguyen. A lot of people call me Triad, so I 8 pick "Kevin." I -- me and my family have moved to the United 9 States of America in November 2008. We came here to search 10 for American dream. The first impression of mine in here is 11 dogs wearing clothes. We eventually settle in Kerrville in 12 July 2009. At that time, I did not have enough English and 13 lacked the skills necessary to gain employment. Then I came 14 to work for Workforce Solution Center so they can help me to 15 find a job. They enroll me in a summer youth program. I 16 started my internship in August 2009 at hospital, Peterson 17 Regional Medical Center, as a radiology assistant. In my 18 opinion, the hospital is a great place to work. I was able 19 to interact with a lot of people every single day. I -- that 20 helped me to improve my English and learn more about American 21 culture. My job required excellent quality patient care 22 while transporting them to the Radiology Department. I was 23 always eager to help when needed at any time. 24 After the internship, they offer me a permanent 25 position in the hospital, where I am still working at -- at 6-14-10 24 1 the hospital. I started college in spring 2010. During this 2 semester, I am taking basic courses toward a business degree 3 at Alamo Colleges Greater Kerrville Center. A lot happened 4 throughout this first semester. I was granted Neil and 5 Elaine Griffin Foundation Endowed Opportunity scholarship. I 6 was awarded the Excellence Through Individual Achievement 7 award by Workforce Solution Center. Then Alamo College honor 8 me as the -- with the student of the month for March. I 9 finished my first semester with 4.0 GPA. Thank you for 10 listening to me. I appreciate your time and interest. Thank 11 you. 12 COMMISSIONER WILLIAMS: Thank you very much, Triet. 13 I'd also like to introduce Gaylyn Dieringer, who heads up the 14 program for Workforce Solutions, and Gaylyn does an excellent 15 job of making this office jump, being in charge of this 16 program. We thank you for your consistent professionalism 17 and doing what you do. Thank you. 18 MS. DIERINGER: Thank you. I just wanted to make a 19 comment. Last year we had this program, it was for students 20 19 to 24. This summer we have it again, and the ages are 16 21 to 24, and we have 25 slots. Last year we only had 17. So, 22 we're enrolling kids right now -- 23 COMMISSIONER WILLIAMS: Very good. 24 MS. DIERINGER: -- that will work in the community. 25 COMMISSIONER WILLIAMS: Thank you, Triet. Thank 6-14-10 25 1 you for being with us. 2 JUDGE TINLEY: Thank you. 3 (Applause.) 4 JUDGE TINLEY: Anything further, Commissioner? 5 COMMISSIONER WILLIAMS: Sir? 6 JUDGE TINLEY: Anything further? 7 COMMISSIONER WILLIAMS: No, thank you. 8 JUDGE TINLEY: Commissioner Letz? 9 COMMISSIONER LETZ: I have nothing. 10 JUDGE TINLEY: Commissioner Oehler? 11 COMMISSIONER OEHLER: Long agenda. I'll just say 12 that Janie Whitt had a double bypass last Friday, and she is 13 home. Got home on Saturday evening, and -- don't tell me no. 14 MS. HYDE: Two stints. 15 COMMISSIONER OEHLER: I said two. 16 MS. HYDE: Not double bypass. 17 COMMISSIONER OEHLER: I stand corrected by the lady 18 in green. Anyway, she's doing well, and she's home. And 19 that's it. 20 JUDGE TINLEY: Okay. Thank you, Commissioner. 21 Need someone here to grade your paper on a constant basis. 22 COMMISSIONER OEHLER: Always a good thing. I need 23 grading. 24 JUDGE TINLEY: Okay. Let's move on with our 25 agenda. We've got a number of -- quite a lengthy agenda 6-14-10 26 1 today. The first item is a timed 9 o'clock item; it's a bit 2 past that time now. That is to open the bid received for 3 repairs to Flat Rock and Ingram Dams and authorize referral 4 to Les Boyd, professional engineer with Freese and Nichols, 5 for review and recommendation. It appears that we have -- 6 looks like one bid from Lassen, Inc., doing business as Mike 7 Larsen Company. Let's see where they're from. Looks like 8 they're Austin, San Antonio, Dallas/Fort Worth, and Houston. 9 There are several different bids. Base bid for Flat Rock, 10 287,598. Alternate for Flat Rock, 323,775. Base bid for 11 Ingram, 119,620. Alternate for Ingram, looks like it 12 increases by 14,848. Base bid for both, 407,218, it looks 13 like. And base bid for both with alternates, $458,243. I'm 14 not aware of any other bids received. Any others turned in? 15 MS. GRINSTEAD: Not that I know of. There was a 16 wrong -- they put Suite 200 on there. We don't have a Suite 17 200. This gentleman ran all around the building to find us. 18 But as far as I know, there's nothing else. 19 JUDGE TINLEY: Just this one? Okay. 20 COMMISSIONER WILLIAMS: Judge, I would move that we 21 refer the bid to Mr. Tanner Griffin of Freese and Nichols for 22 their review and subsequent recommendation. 23 COMMISSIONER LETZ: Second, with a question. 24 JUDGE TINLEY: Motion made and seconded as 25 indicated. Question or discussion? 6-14-10 27 1 COMMISSIONER LETZ: The agenda item says referring 2 it to Les Boyd at Freese-Nichols. 3 COMMISSIONER WILLIAMS: Well, Mr. Boyd couldn't 4 make it, so he sent Mr. Griffin. 5 COMMISSIONER LETZ: Want to accept this and refer 6 it to Freese-Nichols? 7 COMMISSIONER WILLIAMS: Freese-Nichols. 8 JUDGE TINLEY: Picky, picky, picky. 9 COMMISSIONER WILLIAMS: Picky, picky, picky. 10 JUDGE TINLEY: Any other question or discussion on 11 the motion? 12 COMMISSIONER OEHLER: I think somebody -- 13 JUDGE TINLEY: Somebody needs to sharpen their 14 pencil. All in favor of the motion, signify by raising your 15 right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. 20 COMMISSIONER WILLIAMS: If you want to pick it up, 21 you can be on your way. And Mr. Boyd and I will talk. 22 JUDGE TINLEY: Okay, thank you. We'll move to Item 23 4, which was a 9:15 timed matter, that being to consider, 24 discuss, take appropriate action to approve Triangle J Trail 25 South, a private road name in Precinct 4. Mr. Odom? 6-14-10 28 1 MR. ODOM: Good morning, Judge. This is a road 2 name change -- or a name for a private road. The name of it 3 is Triangle J Trail. It is located off Antler Pass, which is 4 off of Indian Creek. And this road is a private road that is 5 privately maintained by the landowner. At this time, we ask 6 the Court for their approval for the private road name 7 Triangle J Trail South in Precinct 4. 8 COMMISSIONER OEHLER: Move approval. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval of the agenda item. Question or discussion? All in 12 favor of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Next item 17 will be a 9:20 timed item; it is past that time now. Item 5, 18 consider, discuss, take appropriate action to set a public 19 hearing for the revision of plat of Lot 17 of Staacke Ranch 20 Subdivision located in Precinct 3. Mr. Odom? 21 MR. ODOM: Yes, sir. This is a larger tract of 22 property off Staacke Ranch Road, or Bear Creek in Bandera 23 County, it's called. It goes through three different 24 counties, and we're in the middle. This is -- Dr. Wise 25 previously had sold some property. Allowing this revision of 6-14-10 29 1 plat will clear up this discrepancy and will allow him to 2 have 17 -- have 17A, which is 30 acres, 17B, and 17C, and 3 which he would be able to sell his property. So, at this 4 time, we ask the Court to set a public hearing for July the 5 26th, 2010, at 9:30 a.m., for revision of plat for Lot 17 of 6 Staacke Ranch Subdivision, Volume 5, Page 77, Precinct 3. 7 COMMISSIONER LETZ: We're just setting a public 8 hearing, correct? 9 MR. ODOM: Yes. 10 COMMISSIONER LETZ: So moved. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE TINLEY: Motion made and seconded to set a 13 public hearing on the matter for July 26, 2010, at 9:30 a.m. 14 Question or discussion on the motion? 15 COMMISSIONER LETZ: Just a quick question. Len, 16 this is the -- basically the plan that we discussed, correct? 17 MR. ODOM: That is correct. 18 COMMISSIONER LETZ: Okay. 19 JUDGE TINLEY: Further question or discussion? All 20 in favor of the motion, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: The motion carries. Let's go to 25 Item 6, a 9:25 a.m. timed item. Consider, discuss, take 6-14-10 30 1 appropriate action to set a public hearing for placing three 2 stop signs and one yield sign in Shalako Estates located in 3 Precinct 4. 4 MR. ODOM: Yes, sir. This is -- Mr. Thorson made a 5 request on May the 26th for the County to install some stop 6 and yield signs in Shalako Estates. It is a unique deal. It 7 sort of splits -- the way this is, one road goes up and it 8 splits left, splits right. And these -- I gave you the 9 various locations where this is, as well as a map. And we 10 feel like these stop signs and all should have been done, but 11 this was a long time ago, before I got here, and never were 12 installed. And they've had more development up on top on a 13 private road, as well as back behind this gentleman that 14 lives at the corner. And we ask the Court to set a public 15 hearing for July 26th, 2010, at 9:15 a.m. for authorization 16 to set these stop signs and yield sign. 17 COMMISSIONER OEHLER: Move approval. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item to set a public hearing on the 21 matter for July 26th, 2010, at 9:15 a.m. 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. 6-14-10 31 1 (No response.) 2 JUDGE TINLEY: Motion does carry. We'll go to our 3 9:30 a.m. timed item. At this time, I will recess the 4 Commissioners Court meeting and I will convene a public 5 hearing for the revision of plat for Tracts 130 and 131 of 6 Y.O. Ranchlands, Section 3, and located in Precinct 4. 7 (The regular Commissioners Court meeting was closed at 9:40 a.m., and a public hearing was held in open 8 court, as follows:) 9 P U B L I C H E A R I N G 10 JUDGE TINLEY: Is there any -- excuse me -- any 11 member of the public or audience that wishes to be heard with 12 respect to the revision of plat for Tracts 130 and 131 of 13 Y.O. Ranchlands, Section 3, located in Precinct 4? Hearing 14 -- seeing no one seeking the attention of the Court or coming 15 forward, I will close the public hearing with respect to the 16 revision of plat for Tracts 130 and 131 of Y.O. Ranchlands, 17 Section 3, located in Precinct 4. 18 (The public hearing was concluded at 9:40 a.m., and the regular Commissioners Court meeting was 19 reopened.) 20 - - - - - - - - - - 21 JUDGE TINLEY: I will reconvene the Commissioners 22 Court meeting, and let's go to Item 2, to consider, discuss 23 take appropriate action to approve interlocal cooperation 24 agreement between Kerr County and Center Point ISD for 25 alleviation of flooding issues in Center Point, Texas. 6-14-10 32 1 Mr. Henneke, County Attorney. 2 MR. HENNEKE: Thank you, Judge. I'll defer to 3 Commissioner Williams, and then I'll answer any questions the 4 Court may have. 5 COMMISSIONER WILLIAMS: I was contacted by the 6 school district; they have some significant flooding problems 7 on West Kelly Street as it intersects with 1350. There's not 8 much ability to take stormwater off of that street, and the 9 water keeps cascading down Kelly Street when we have heavy 10 rains. And their experience has been they've got a couple 11 buildings, one of which is, I believe, the 4-H or F.F.A. 12 building -- I forgot which -- that gets flooded out very 13 frequently. So, they contacted -- the school district 14 superintendent contacted me and wondered if we could come out 15 and be of some assistance in helping them shoot some grades 16 and determine how perhaps they could take some of the 17 stormwater off and get it away from Kelly Street and their 18 buildings. That's what this is all about. And I talked to 19 the County Attorney, and he prepared this interlocal 20 agreement. It's to allow us to do shooting of the grades and 21 be of assistance to them in helping them divert some 22 stormwater. That's been signed by the school superintendent, 23 and that's exactly what it's all about. I would move 24 approval. 25 COMMISSIONER LETZ: Second. 6-14-10 33 1 JUDGE TINLEY: Motion made and seconded for 2 approval of the agenda item. Question or discussion on the 3 motion? 4 COMMISSIONER BALDWIN: Are we talking about going 5 on private property or school property? Or are we talking 6 about taking care of our property? 7 MR. HENNEKE: Well, it's both, Commissioner. 8 It's -- the Center Point Independent School District property 9 abuts Kelly Road, which is a County-maintained road, and so 10 in order to alleviate the flooding on our county road will 11 require some -- some dirt work, some drainage work to draw 12 the water through the Center Point ISD property, taking that 13 water away from the road. So -- 14 COMMISSIONER BALDWIN: So, we're going onto school 15 property to create some drainage? 16 COMMISSIONER WILLIAMS: Yes. 17 MR. HENNEKE: That's the purpose of this -- of this 18 agreement, yes, sir. 19 COMMISSIONER WILLIAMS: That's correct. 20 COMMISSIONER LETZ: The -- I presume, since we're 21 going to be shooting grades, it's going to take some funds. 22 This comes out of where? 23 COMMISSIONER WILLIAMS: Well, the grades, I think, 24 have already been shot. They know what the angles are and so 25 forth. Mr. Odom, are you out there? 6-14-10 34 1 MR. ODOM: Right here, sir. 2 COMMISSIONER WILLIAMS: What do you think is 3 required to help these people out? 4 MR. ODOM: Just labor and equipment, I would 5 imagine. If I have any material needs, then I expect the 6 school to pay for it. 7 COMMISSIONER LETZ: Okay. But this just -- this is 8 authorizing Leonard to do the work, to do the grading? 9 COMMISSIONER WILLIAMS: And for us to be on private 10 property to be of assistance. 11 JUDGE TINLEY: Isn't the thrust of it that we're 12 going to have to go onto the school property to work from 13 there in order to improve the drainage -- 14 MR. ODOM: That's correct. 15 JUDGE TINLEY: -- in our right-of-way, is what it 16 amounts to. 17 MR. ODOM: Well, essentially, the water changes 18 course and it goes between these buildings, the way the area 19 becomes flat in there. And so what we're trying to do is to 20 move this on through by the cattle pens and stuff like that, 21 back out of the way. That will eliminate the buildup of 22 water going into two buildings, particularly one building, 23 the F.F.A. building, since it was built on the ground, not 24 elevated. 25 JUDGE TINLEY: Okay. Any further question or 6-14-10 35 1 discussion on the motion? All in favor of the motion, 2 signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: The motion does carry. At this 7 time, we'll go to our 9:45 timed item; it is that time now. 8 I will recess the Commissioners Court meeting, and I will 9 convene a public hearing regarding the revision of plat for 10 Lots 23-A and 23-B of Twin Springs Ranch, Section II, located 11 in Precinct 2. 12 (The regular Commissioners Court meeting was closed at 9:45 a.m., and a public hearing was held in open 13 court, as follows:) 14 P U B L I C H E A R I N G 15 JUDGE TINLEY: Is there any member of the public 16 that wishes to be heard with respect to the revision of plat 17 for Lots 23-A and 23-B of Twin Springs Ranch, Section II, 18 located in Precinct 2? Seeing no one coming forward or 19 otherwise seeking to be recognized, I will close the public 20 hearing regarding the revision of plat for Lots 23-A and 23-B 21 of Twin Springs Ranch, Section II, located in Precinct 2. 22 (The public hearing was concluded at 9:45 a.m., and the regular Commissioners Court meeting was 23 reopened.) 24 - - - - - - - - - - 25 JUDGE TINLEY: I will reconvene the Commissioners 6-14-10 36 1 Court meeting, and we'll go to Item 3; consider, discuss, 2 take appropriate action regarding South Texas Blood and 3 Tissue doing a blood drive on August the 8th -- or, excuse 4 me, August the 4th, 2010, in the county courthouse parking 5 lot. Ms. Hyde? 6 MS. HYDE: Yes, sir. We've done that for the last 7 three years, and they requested it again for this year. 8 They've pushed it back. Right now there is a blood deficit 9 in this county, and this is the soonest that we can get them 10 in. So -- 11 COMMISSIONER LETZ: Move approval. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item. Question or discussion on the 15 motion? All in favor of the motion, signify by raising your 16 right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. Let's go to 21 Item 8, to consider, discuss, take appropriate action to 22 allow the Kerr County Juvenile Detention Center to enter into 23 contracts with various counties for secure pre-adjudicated 24 residential services at a particular rate until changed by 25 order of the Commissioners Court. I put this on the agenda 6-14-10 37 1 at the request of Mr. Stanton, who is the facility 2 administrator out at the detention facility, and we've had 3 some input also from the County Attorney. There are some 4 issues with it that I've had discussion with the County 5 Attorney, and Mr. Henneke, if you would briefly talk about 6 those and see where we are here. 7 MR. HENNEKE: Thank you, Your Honor. In reviewing 8 the agreement, a few issues come to mind on the proposed 9 draft agreement with Nueces County, whereby we would be 10 contracted to house their pre-adjudicated juveniles pending 11 disposition in that county. I think we'd be the fall-back 12 facility for them in the event that they run out of space for 13 their juveniles. A couple of comments on the draft 14 agreement, Commissioners. First of all, I think under 15 Paragraph 1, rather than it being a year term, I think this 16 Court needs to have the discretion to terminate the agreement 17 at any time, for any reason, as long as we give them adequate 18 notice of our intent to do this; I'd say 30 days. So, while 19 the term would be for a year, it could be terminated by y'all 20 at any time with -- with reasonable notice. 21 Furthermore, I think under Paragraph 3, that as far 22 as the fees, periodically this Court adjusts the fees that we 23 charge to other counties for housing of juveniles, and I 24 believe that there needs to be a provision in there that in 25 the event that this Court increases or decreases the fees 6-14-10 38 1 charged to house a juvenile per day for all of the counties 2 that we serve, that that rate would be applicable to Nueces 3 County, as it would to any other county, with the exclusion 4 of Kerr County. Lastly, in the comments that I provided to 5 Judge Tinley, the last sentence in Paragraph 14, I think, is 6 a misstatement of the law; it just needs to be struck, as 7 well as, I think, in my opinion, Paragraph 16, and then the 8 equal opportunities -- or equal employment opportunity 9 section also needs to be struck. Our policies -- you know, 10 our policies already cover what that's speaking to, and I 11 think the Kerr County policies should control and govern the 12 operation of the Juvenile Detention Center and its employees, 13 rather than an agreement with a third-party county. And so I 14 would propose for y'all's consideration that I'd be happy to 15 revise this agreement and resubmit it and get with the Nueces 16 County Attorney on -- on execution. 17 COMMISSIONER OEHLER: Only thing that I have to 18 say, I guess, is about the charges maybe being changed, the 19 fees during the course of a year. It seems to me like we 20 ought to be able to set a fee for that year, and then the 21 following year, we could re -- we can adjust ours one way or 22 the other, but it's hard for counties to plan -- to budget if 23 they don't have an idea of what they're spending on a daily 24 basis for our services. 25 MR. HENNEKE: And I can see that, Commissioner. I 6-14-10 39 1 think it could be accomplished in the same way. I do think 2 it's important that Kerr County have a way out of this 3 agreement at any time, for any reason, if something would 4 arise. And with that 30-day cancellation notice, although I 5 don't think we'd have to exercise it, it would accomplish the 6 same thing. And if -- if we did want -- if you didn't want 7 to do that, but the Commissioners decided later on that they 8 wanted to change the rates, you could cancel the agreement 9 and then enter into new negotiations. But this would -- this 10 would avoid the need for the Court to do the same if there 11 was just an automatic escalation clause tied into the actions 12 of the Court. 13 COMMISSIONER OEHLER: I can understand the 14 cancellation clause, but I think the fee should be a set fee 15 negotiated annually. 16 JUDGE TINLEY: Commissioner, there are a number of, 17 but not too many, detention facilities around the state, and 18 periodically they will adjust their fees in midstream, so to 19 speak, depending upon requirements that come down from state 20 or federal regulators or other requirements that T.J.P.C. may 21 impose. And I -- I had suggested that maybe we put a clause 22 in to escalate or de-escalate, as the case may be, depending 23 upon what occurs around the state. And it doesn't happen 24 frequently, but when it does, you need to be able to react. 25 COMMISSIONER OEHLER: Okay. 6-14-10 40 1 COMMISSIONER WILLIAMS: That's kind of what I 2 thought. I was wondering, Judge, why we couldn't state in 3 Paragraph 3 that -- that the current rate is $90 per day, or 4 the rate as set by Commissioners Court. In effect, as set by 5 Commissioners Court. Why couldn't it be that way? That way 6 you've got the ability to address it and take it up or down 7 accordingly, depending on what the Court does. 8 JUDGE TINLEY: The only -- the only adjustment that 9 I would urge consideration there is that -- that it could be 10 adjusted so long as the rate charge to all other counties, 11 excluding Kerr County, receives a like increase or decrease, 12 as the case may be. Because, as you know, in the past we 13 have had the ability to charge a discounted rate to Kerr 14 County. 15 COMMISSIONER WILLIAMS: Right. 16 COMMISSIONER LETZ: Rob, are you recommending that 17 all of our agreements be changed -- 18 MR. HENNEKE: No. 19 COMMISSIONER LETZ: -- this way? Or just the -- I 20 mean, is Nueces County different than some of the other ones? 21 MR. HENNEKE: I haven't had a chance to go back in 22 the file and look at all of the other agreements that we've 23 entered into with the other counties. Certainly, if they're 24 agreements that we have in place, we need to honor them and 25 we need to continue working with them. I would say from this 6-14-10 41 1 point forward, we need to look at these type of issues. And, 2 certainly, Commissioner Oehler, in my negotiations with 3 Nueces County, if this is a huge roadblock or an issue for 4 them, then you -- then we can address that. They might -- 5 since it is a standard practice, as Judge Tinley points out, 6 they might not even blink at it. So, we don't know until I 7 contact them on it. 8 COMMISSIONER LETZ: This agreement, did you receive 9 it from Nueces County? 10 MR. HENNEKE: I -- I don't know. I'm not sure how 11 it came. I believe it came directly to Mr. Stanton. I 12 became aware of it when it was placed on the agenda. 13 COMMISSIONER LETZ: I don't mean how you got it 14 personally. I'm wondering, did it come from Nueces County? 15 JUDGE TINLEY: Yes. 16 COMMISSIONER LETZ: It just seems that we -- it 17 would be easier if we get a form that you're comfortable 18 with, and then as we renew all the new contracts for each 19 county, we put in our new form. 20 JUDGE TINLEY: I think that's exactly where 21 Mr. Stanton's coming from, and he's asking the Court to do 22 so; that when they come in, as long as they conform to this 23 requirement, they won't continually have to be coming to the 24 Court. We can go ahead and approve those agreements, and if 25 necessary, that I can execute them also, if the -- if the 6-14-10 42 1 other party requires that. But that's my understanding of 2 where he's coming from, and he wants to eventually pull all 3 of those into that same format. 4 COMMISSIONER LETZ: Right. 5 JUDGE TINLEY: Is that not true, Mr. Stanton? 6 MR. STANTON: Yes, sir. The contracts that we're 7 currently under with all the other counties is the same 8 identical contract. This is the contract approved by 9 Mr. Emerson prior to Mr. Henneke taking over, and so this is 10 the same identical contract that everybody's entered into. 11 And what we'd like to do is, fiscal year starts October 1 for 12 the -- I mean September 1 for the counties, and sometime 13 prior to that, we're in the process of evaluating our costs 14 out at the facility, and we're going to present a new daily 15 rate to the County Commissioners to adjust the daily rate 16 that we're charging now and plug that number into the new 17 contract that Mr. Henneke approves, and then we can send it 18 out to all the counties, get the new signatures. 19 COMMISSIONER LETZ: Okay, good. 20 COMMISSIONER OEHLER: That's fine. 21 COMMISSIONER BALDWIN: Are we contracting from 22 October to October, or January to January? What? Or it just 23 doesn't matter? 24 MR. STANTON: Well, it -- really, we try do it from 25 October 1st to October 1st. Nueces County is -- the reason 6-14-10 43 1 Nueces County is coming in at this point is they're asking us 2 to help them in case they have a hurricane and they have to 3 move kids out of -- out of Nueces County. And this is more 4 of an overflow situation where it's an emergency situation 5 type deal. 6 COMMISSIONER BALDWIN: We've done this for a number 7 of years. 8 COMMISSIONER WILLIAMS: Right. 9 COMMISSIONER LETZ: All right. So -- 10 COMMISSIONER WILLIAMS: Are you going to bring it 11 back, or are we going to adopt it as amended? 12 MR. HENNEKE: Well, they have to -- have to be 13 submitted on to Nueces County for consideration. So, 14 Commissioner Williams, I propose that I be authorized to 15 amend as discussed, and then I'll confer with Nueces County 16 to get their agreement, and then we can present an 17 agreed-upon document to the Court at next Commissioners Court 18 meeting. 19 JUDGE TINLEY: Going to bring it back anyway? 20 MR. HENNEKE: Yes, sir. 21 JUDGE TINLEY: Yeah. Okay. 22 COMMISSIONER WILLIAMS: So moved. 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: Motion made and seconded as 25 indicated. Question or discussion? All in favor of the 6-14-10 44 1 motion, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: Motion carries. Let's go to Item 9; 6 to consider, discuss, take appropriate action to address 7 possibility of prohibiting the sale or use of restricted 8 fireworks, that being skyrockets with sticks or missiles with 9 fins, in any portion of the unincorporated area of Kerr 10 County pursuant to Local Government Code Section 352.051 for 11 the 4th of July holiday. Anybody interested in pursuing 12 that? 13 COMMISSIONER BALDWIN: Not down here. 14 JUDGE TINLEY: We'll move on. Let's go to Item 12, 15 a 9:55 timed item. It's just a bit past that time now. 16 Consider, discuss, take appropriate action to review the 17 concept plan for Lot 15 of Verde Park Estates, Section 2, 18 located in Precinct 2. Mr. Odom? 19 MR. ODOM: Yes, sir. Mr. Wiedenfeld owns Lot 15 in 20 Verde Park Estates, Section 2, and there's an existing -- on 21 Lot 15, there's an existing residence with a licensed 22 water/wastewater system that Charlie rents out, and then the 23 new well system is also on Lot 15. So, I have a combination 24 of a -- this is a residential subdivision. Mr. Wiedenfeld is 25 wanting to subdivide this lot, but under our rules, it's not 6-14-10 45 1 divisible but by one. And he wants the Court to consider 2 this to be a commercial development. And I've given you that 3 5.01, the definition of commercial development, and that is 4 to be taken case by case. But it is my opinion that -- that 5 I don't agree with that. (Laughter.) 6 COMMISSIONER WILLIAMS: Makes two of us. 7 MR. ODOM: And so, therefore, I asked him to -- him 8 or his representative to come to the Court to discuss this. 9 I believe that he's no different than anybody else in that 10 subdivision. If it's a residential, that's the way the rules 11 ought to be. If there was a new development, that may be 12 something different when that's designed, but we have 13 something that precedes me. And, personally, I feel like the 14 rules apply to everybody. This is not a commercial 15 development; this is a residential development, and it's not 16 divisible. 17 COMMISSIONER WILLIAMS: It is. And the last time 18 we got to messing around with one over there, the homeowners' 19 association finally came alive, and it wasn't a pleasant 20 situation, so let's not be disturbing something that doesn't 21 fit the rules. 22 MR. ODOM: I'm in agreement, but I leave that to 23 Charlie, if he's here, or his representative. I don't see 24 anybody. But I personally recommend that -- that it not be 25 subdivided. 6-14-10 46 1 COMMISSIONER LETZ: The -- so, the existing lot is 2 -- let me be sure. What is -- 2.72 acres? 3 MR. ODOM: That's correct. 4 COMMISSIONER LETZ: He wants to divide that into 5 what? 6 MR. ODOM: He wants to divide that. He wants to 7 keep .17 acres for the well, and then sell the other part 8 that he's got rented. 9 COMMISSIONER WILLIAMS: And give 2.24 to the County 10 for a cul-de-sac. 11 COMMISSIONER LETZ: Yeah, the other -- 12 MR. ODOM: Well, whatever that comes out to be, a 13 portion up there, but as it is right now, it dead-ends and 14 turns around. 15 COMMISSIONER LETZ: There's another issue here 16 that -- I mean, this comes under the model subdivision rules, 17 which creates a whole bunch of -- even though it's just one 18 lot, this comes into a whole bunch of other requirements. If 19 we were to allow it, he'd have to spend money, put bonds up 20 for a new septic system. He'd have to do lots of different 21 things. 22 MR. ODOM: You're setting precedents, and I really 23 don't wish to start setting precedents and we change things, 24 because this won't be the only one that may be a situation 25 like this. 6-14-10 47 1 JUDGE TINLEY: What action are you recommending 2 that the Court take at this point, Mr. Odom? 3 MR. ODOM: I recommend that we not subdivide. I 4 just -- 5 JUDGE TINLEY: Disapprove the consent plan? 6 COMMISSIONER WILLIAMS: I would move disapproval of 7 the concept plan as submitted by Mr. Wiedenfeld. 8 COMMISSIONER LETZ: Second. 9 JUDGE TINLEY: We have a motion and a second for 10 disapproval of the concept plan as presented. Question or 11 discussion? 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: The motion does carry. Let's go to 17 Item 13, if we might, a 10 o'clock timed item. At this time, 18 I will recess the Commissioners Court meeting and convene a 19 public hearing -- open a public hearing to discuss the County 20 Clerk's annual plan for funding the preservation and 21 restoration of the County Clerk's records archive. 22 (The regular Commissioners Court meeting was closed at 10:03 a.m., and a public hearing was held in 23 open court, as follows:) 24 P U B L I C H E A R I N G 25 JUDGE TINLEY: Is there any member of the public 6-14-10 48 1 that wishes to be heard with respect to the County Clerk's 2 annual plan for funding the preservation and restoration of 3 the County Clerk's records archive? Seeing no one seeking 4 recognition or otherwise coming forward, I will close the 5 public hearing concerning the County Clerk's annual plan for 6 funding the preservation and restoration of the County 7 Clerk's records archive. 8 (The public hearing was concluded at 10:03 a.m., and the regular Commissioners Court meeting was 9 reopened.) 10 - - - - - - - - - - 11 COMMISSIONER BALDWIN: Judge, I was 12 expecting everybody in town to be here. 13 JUDGE TINLEY: I thought that's what all these 14 people we're here for. 15 COMMISSIONER BALDWIN: I did too; I thought that's 16 what they were here for. 17 JUDGE TINLEY: At this time, I will open the public 18 here for another 10 o'clock timed item, that public hearing 19 being to rescind the court order regarding Cummings Lane 20 currently being maintained partially by the County and 21 partially by the residents. 22 (The regular Commissioners Court meeting was closed at 10:04 a.m., and a public hearing was held in 23 open court, as follows:) 24 P U B L I C H E A R I N G 25 JUDGE TINLEY: Is there any member of the public or 6-14-10 49 1 audience here that wishes to be heard with respect to the 2 rescission of the court order regarding Cummings Lane, which 3 is currently being maintained partially the county And 4 partially by the residents? Yes, sir? If you'll come 5 forward and give us your name? 6 MR. BELLAIR: Yes, sir. My name is Lee Bellair. 7 JUDGE TINLEY: Say again? 8 MR. BELLAIR: My name is Lee Bellair. Part of the 9 lane is -- the school bus is using that road to deliver 10 students. Somebody blocked it recently where people couldn't 11 get to it, made it a hazard for the EMS's and things to get 12 there, and blocked off one lady's property where she couldn't 13 get to it easily. I feel the road ought to be 14 County-maintained, and it has been up until now. Just my 15 feelings. And we have had some issues with renters blocking 16 the road, which we couldn't do anything about because it 17 was -- unsure whether it was a public or private road. Thank 18 you. 19 JUDGE TINLEY: Anyone else wishing to be heard with 20 respect to the rescission of the court order regarding 21 Cummings Lane? Yes, sir. Come forward and give us your name 22 and address; give us your thoughts on this matter. 23 MR. DOYLE: I'm Charles E. Doyle, Jr., 117 Gasoline 24 Alley. Cummings Lane runs directly behind my business 25 facility, A-1 Transmissions. And all the records that I've 6-14-10 50 1 been able to dig up on it show that that road in the plat 2 originally was designed to go all the way through from Blue 3 Ridge to Cedar Mill Run. Sometime in the last 30 years, 4 however, there was a property owner that had a deed that 5 didn't show that, and so he built a building right in the 6 middle of the road. Consequently, the road then stopped at 7 the front of that building. And it had been maintained by 8 the County for years after that. Then Walter Masters came 9 in, and him and Olen Straube had an agreement, and they put 10 in an easement for right-of-way so Walter could get to some 11 other property that he owned back there. And Walter actually 12 paved that road, which is perpendicular to the Cummings Lane 13 road, and then they maintained it. Somewhere in the interim, 14 however, the County elected to start maintaining that road 15 that they didn't own. And I don't find any -- I don't find 16 any evidence that they ever had deed to that as a county 17 easement. 18 And then somebody also submitted some stuff to the 19 Commissioners Court a few years back naming this portion of 20 Cummings Lane that's -- goes through towards Cedar Mill Run, 21 making it a private road called Paset -- Paseo Pio, or -- 22 anyway, nevertheless, that was -- evidently, the Court 23 didn't -- wasn't aware of what they signed off on at that 24 particular time. So, I would like to say that the road that 25 is being called Cummings Lane now which goes down to Junction 6-14-10 51 1 Highway is actually private property to those landowners, I 2 being one of them, and that that road is also mainly on the 3 property of all the landowners to the west of that particular 4 intersection, and that the property owners to the east 5 actually have no ownership in that road to speak of, other 6 than maybe a foot or so. And so that means the whole road is 7 then on private property. Therefore, the Paseo Pio Road -- 8 or Padre Pio Road is -- is actually Cummings Lane, and is 9 never -- was never actually changed correctly. And that 10 would also -- like Lee said, there's a lady that owns a piece 11 of property, and her deed states that she has access to her 12 property off of Cummings Lane. Well, if you eliminate 13 Cummings Lane from going down that particular direction, she 14 has no access to her property at all. 15 JUDGE TINLEY: Thank you, sir. 16 MR. DOYLE: There you are. 17 JUDGE TINLEY: Anyone else? Come forward, give 18 your name and address, and tell us your thoughts. 19 MR. GLOVER: Yes. My name's Howard Glover; I 20 represent Town & Country Business Center, which our property 21 is the one that Mr. Doyle referred to where one of the 22 buildings was built that prevented the road from going all 23 the way through to Cedar Mill. Okay. That happened some 26 24 years ago, from what I can find out. The -- the road that 25 Mr. Doyle's referring to that is where it loops around and is 6-14-10 52 1 Cummings Lane, there is no record of anything other than by 2 911 making that change when they were doing the addressing. 3 As far as court records and tax bill, it's still -- even on 4 Ms. Butler's, it's -- which is the property that keeps being 5 blocked, is still listed as Cummings -- as Cummings Lane 6 instead of Padre Pio. The road that Mr. Bellair's business 7 is on, as Mr. Doyle referred to, was a self-maintained road 8 by Walter Masters and the owners of the property. Our 9 property starts at 2590 Junction Highway on the Junction 10 Highway side, and runs approximately 100 yards past the old 11 Cummings Lane. Our property line is right there on the 12 corner of Cummings and our property. The concrete -- we have 13 18,500 feet of concrete that we have to maintain. We have 14 opened that up. We took down the privacy fence that used to 15 be there in consideration for 911 and the Sheriff's Office to 16 be able to reach other places there. 17 We have come to an agreement two years ago with the 18 Sheriff's Department that if we did fence it and make it to 19 where it was a secured area -- because back there we have 55 20 storage buildings, plus an office building that occupies four 21 -- a 40-by-60 shop that I own, which is Smart Start, that if 22 anybody comes down that road and fails to turn, they'll run 23 right into it. Then, of course, we go all the way to 24 Junction Highway with 16 commercial buildings, plus another 25 12 businesses. I don't know how this could get so messed up. 6-14-10 53 1 I have brought some pictures, if y'all would like to look at 2 them, to maybe make it a little easier to understand. If I 3 could give those to Mr. Oehler and pass them around. You 4 will see this obstruction that was placed in the highway by 5 one of the renters; that everybody thought it was us that did 6 it. We even got served, but it was never us. We are the 7 first complainant on the issue. The school buses come 8 through there. It's a high traffic volume area. Mr. Doyle's 9 business is there, Mr. Bellair's is there, ours is there. 10 I don't really feel that where Eddie's referring to 11 where Cummings Lane comes down and goes all the way, and now 12 it's been made as a loop that goes in front of Mr. Bellair's, 13 and the County has been maintaining it, I don't think that 14 that should just be forgotten and changed back to the 15 existing thing. I did not know that about the property being 16 owned by the individuals though, Mr. Doyle. I did not know 17 that. My suggestion was going to be to simply make it 18 Cummings Lane South. You only have one address on there for 19 emergency, and that would be Mr. Bellair. We plan on putting 20 a gate up there, but it will only be at the time, you know, 21 we deem necessary to protect the self storage units we have 22 in the back. And if we do as we've agreed with the Sheriff's 23 Department, we will give them a key or coded entry. And 24 it'll be open all during the day, but closed at night, say 25 from 10 o'clock till 6 o'clock in the morning, something like 6-14-10 54 1 that. Ms. Butler's property is the building that y'all are 2 looking at there. And you can see that it's been continually 3 blocked off for the last basically four months, until 4 evidently some pressure was put on by the District Attorney's 5 office to possibly move the stuff. As it currently stands, 6 the police department cannot enforce or do anything if the 7 property is blocked, because it is private. So, Ms. Evelyn 8 Butler's property is basically useless to her if they decide 9 to pull an 18-wheeler in there, which y'all can see, and then 10 just walk away and leave it. 11 JUDGE TINLEY: Thank you, sir. 12 MR. GLOVER: You're very welcome. 13 JUDGE TINLEY: Anyone else wishing to be heard with 14 respect to the rescission of the court order regarding 15 Cummings Lane? 16 MR. ITZ: I'd like to. 17 JUDGE TINLEY: If you'd come forward, give us your 18 name and address and tell us your thoughts on this matter. 19 MR. ITZ: My name is Jeremy Itz, and I own the 20 property on both sides on Padre Pio Lane. When you're coming 21 in, you come off of Cummings, 'cause Cummings makes kind of a 22 circle. And I want -- and Padre Pio is actually a street 23 that came in later on. The postal service said they needed 24 an address for it because it really doesn't -- doesn't show, 25 so that's why they needed another street for that, so that's 6-14-10 55 1 where this Padre Pio comes in. It was originally not on the 2 -- on the plats that it was actually County-owned or anything 3 like that. I own the property on both sides of Padre Pio. I 4 have no -- I have no problem with the County wanting to take 5 over and maintain the road. It goes into the end of Town & 6 Country. Actually, that road runs into Town & Country and 7 hits the concrete. I don't know if you're going to have 8 enough room to make it a county road all the way down to Town 9 & Country, 'cause it -- like the point where he was talking 10 about where to put a gate, you know. If it's privately 11 owned, you know, it's really privately owned. I mean, it 12 should have the rights for people who goes on it, you know. 13 I mean, my understanding is that if the County 14 takes over -- you know, 'cause I have to sign over the rights 15 to that road for y'all to take over. I don't understand that 16 part, how that works. Because right now, property goes -- my 17 property goes all the way to the center of the road on both 18 sides. County has nothing. I mean, I don't have any problem 19 turning it over to the County to maintain the road to the 20 point, but then, really, then it becomes an open road for 21 Town & Country to be able to use it. But as long as it's 22 privately owned, you know, you can close the gate or 23 whatever, and it's only to the land owners that are going in 24 and out of there. So, I'm open to either one. I mean, the 25 maintaining of it right now, there hasn't been much of 6-14-10 56 1 maintaining the road on the thing. I mean, if the County's 2 going to maintain it, I haven't seen much of it. So -- 3 MR. ODOM: Not maintained. 4 MR. ITZ: They don't maintain it. So, I know every 5 once in a while someone complains enough, so they went in 6 there, put a couple of -- filled a couple of holes like that, 7 something like that, just to get people off their back. But 8 there's -- there hasn't been much. It's bad. So, I just -- 9 again, if you got buses and stuff driving through there, I 10 don't know. Whether it's a private road and they can't go 11 through it, or open it up to a county road, that's up to 12 y'all, so I'm open either way. 13 JUDGE TINLEY: Thank you, sir. 14 MR. ITZ: Thank you. 15 JUDGE TINLEY: Anyone else wishing to be heard with 16 respect to the rescission of a court order regarding Cummings 17 Lane? 18 MR. GLOVER: Judge Prohl (sic), could I approach 19 y'all again? Mr. Itz is correct. He does own the property 20 on both sides, but he has forgotten Ms. Butler's property, 21 which he does not own. That is right there, as y'all can see 22 on the pictures. That freestanding building that has the 23 driveway right there in the front, you know, that is her 24 property. She was never contacted on any of these changes or 25 anything. And she's not here today because she's in the 6-14-10 57 1 hospital, so we're all here, you know, to protect her 2 interests, plus our own. And, yes, there has been no 3 maintenance on it, but the County cannot maintain it because 4 it's not the County's road. I filled the holes up last year 5 myself on that road. 6 JUDGE TINLEY: Thank you, sir. 7 MR. DOYLE: You're very welcome. 8 JUDGE TINLEY: Anyone else -- Mr. Doyle, you've got 9 further comments? 10 MR. DOYLE: Yes, just one. I'd like to present to 11 the County a plat that shows actual Cummings Lane and all 12 those pieces of property involved. Thank you. 13 JUDGE TINLEY: Thank you, sir. Anyone else that 14 wishes to be heard with respect to the rescission of court 15 order -- 16 MR. ITZ: Can I say one more thing? Can I say one 17 more thing? 18 JUDGE TINLEY: You need to come forward. Come 19 forward, please. 20 MR. ITZ: I just want to say that what I said, I 21 don't mean to cut Ms. Butler out. I mean, it's an easement 22 to her and myself, so it's not like I'm trying to say she 23 doesn't own something. She does. She's the only one that 24 owns a piece of property besides myself. So, I mean, she has 25 that right no matter what, so I'm not trying to cut her out. 6-14-10 58 1 JUDGE TINLEY: Thank you. Anyone else wishing to 2 be heard with respect to the rescission of the court order 3 regarding Cummings Lane? Seeing no one else seeking 4 recognition, I will close the public hearing with respect to 5 the rescission of court order regarding Cummings Lane. 6 (The public hearing was concluded at 10:18 a.m., and the regular Commissioners Court meeting was 7 reopened.) 8 - - - - - - - - - - 9 JUDGE TINLEY: And I'll open the public hearing as 10 to our 10:15 item, that public hearing concerning the 11 installation of a stop sign at Roadrunner and Sandy Lane 12 located in Precinct 2. 13 (The regular Commissioners Court meeting was closed at 10:18 a.m., and a public hearing was held in 14 open court, as follows:) 15 P U B L I C H E A R I N G 16 JUDGE TINLEY: Is there any member of the audience 17 or the public that wishes to be heard with respect to the 18 installation of a stop sign at Roadrunner Lane and Sandy 19 Lane? Seeing no one coming forward, I will close the public 20 hearing with regard to the installation of a stop sign at 21 Roadrunner Lane and Sandy Lane located in Precinct 2. 22 (The public hearing was concluded at 10:18 a.m., and the regular Commissioners Court meeting was 23 reopened.) 24 - - - - - - - - - - 25 JUDGE TINLEY: And I'll reconvene the Commissioners 6-14-10 59 1 Court meeting. We will go to Item 11, which is to consider, 2 discuss, and take appropriate action to approve the final 3 revision of plat for Lots 23-A and 23-B of Twin Springs 4 Ranch, Section II, located in Precinct 2. Mr. Odom? 5 MR. ODOM: I'm trying to find it. I -- I'm sorry. 6 JUDGE TINLEY: I think you're combining two tracts 7 into one. 8 COMMISSIONER WILLIAMS: That's exactly it. 9 MR. ODOM: There was 52 acres, if I remember right. 10 COMMISSIONER WILLIAMS: 52.81. 11 MR. ODOM: I've got a stop sign -- 12 COMMISSIONER WILLIAMS: Lots 23-A and 23-B, to make 13 a combination of 52.81 acres. 14 MR. ODOM: Twin Springs -- 15 COMMISSIONER WILLIAMS: Very simple combination. 16 MR. ODOM: Yes. 17 COMMISSIONER LETZ: Move approval. 18 COMMISSIONER OEHLER: Second. 19 MR. ODOM: Thank you. 20 JUDGE TINLEY: Motion made and seconded for 21 approval. Question or discussion on the motion? All in 22 favor of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 6-14-10 60 1 JUDGE TINLEY: The motion does carry. Let's go to 2 Item 18, if we might. Consider, discuss, take appropriate 3 action for the final approval to install a stop sign on 4 Roadrunner Lane and Sandy Lane located in Precinct 2. 5 COMMISSIONER WILLIAMS: Mr. Odom. 6 MR. ODOM: That one I have. 7 JUDGE TINLEY: You ready on that one? 8 MR. ODOM: And I found that other one just as 9 Jonathan approved it. This -- about a month ago, we approved 10 a stop sign in this location. They had forgotten to ask to 11 do it at the same time, so what we're doing now -- and 132 12 Sandy Lane has requested this, and we received a court order 13 for a stop sign at Sandy Lane and Roundabout, and have 14 already installed that sign. Apparently, this sign request 15 was missed, and at this time, we ask the Court for their 16 final approval for the requested stop sign at Roadrunner Lane 17 and Sandy Lane, Precinct 2. 18 COMMISSIONER WILLIAMS: Move approval. This ought 19 to complete the number of stop signs we're going to put out 20 there on Roadrunner. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the agenda item. Question or discussion on the 24 motion? All in favor of the motion, signify by raising your 25 right hand. 6-14-10 61 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. We'll go to 5 Item 15; to consider, discuss, and take appropriate action to 6 allow Maintenance Department to hire a part-time person, 7 part-time being three days a week, for a total of 24 hours 8 for the summer months. Mr. Bollier put this on the agenda. 9 Mr. Bollier? 10 MR. BOLLIER: Yes, sir. I would appreciate it if 11 you guys would -- would allow this. Right now I have a -- I 12 consider it a safety issue with Sonny out mowing by himself, 13 and if I can have somebody to put with him, it sure would 14 save him a lot of time too, plus I would have two out there 15 instead of one. And I have talked to Ms. Hyde about this, 16 and I have got permission from Ms. Hargis. She says I have 17 the money in my budget. That's all I have, unless you have 18 any questions, sir. 19 JUDGE TINLEY: You hit all the stops, didn't you? 20 MR. BOLLIER: Short and quick. 21 COMMISSIONER WILLIAMS: Move approval. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval of the agenda item. Question or discussion on the 25 motion? All in favor of the motion, signify by raising your 6-14-10 62 1 right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: That motion does carry. 6 MR. BOLLIER: Thank you. 7 JUDGE TINLEY: Let's go to Item 16. Stay there, 8 Mr. Bollier. Consider, discuss, take appropriate action to 9 authorize request for proposals or bids for nine air 10 conditioning units at the jail contingent on the execution of 11 the contract for the acceptance of the SECO grant funds. 12 This item was placed on the agenda at the request of 13 Mr. Bollier, Maintenance Supervisor, and Ms. Lavender, who 14 has been working diligently on the SECO grant that's going to 15 be funding this thing. We've approved on it this end. It's 16 been forwarded to the state, and we hope we're pretty close 17 to the top of the list and that we get signed off, and that's 18 the contingency. Correct, Ms. Lavender? 19 MS. LAVENDER: Correct. We have one document that 20 we're going to need to resend to them because we forgot to 21 notarize it last week, but we'll do that momentarily. And we 22 did get an e-mail from the Texas Historical Commission that 23 they have approved the project, and so we should be getting a 24 letter in the next day or two from them. And once we get 25 that and the final signature from the Comptroller's office, 6-14-10 63 1 then we should be able to go out for bids on these air 2 conditioners. And, actually, it's 10 air conditioners, is 3 what's in the grant, and so we need to make a little 4 editorial change there. And then we also will be, with the 5 money, replacing the two old units in this building down 6 below, and we'll -- what's on the roof? Condensers? 7 MR. BOLLIER: Condensers. 8 MS. LAVENDER: Condensers on the roof, changing out 9 all the T-12's to T-8 lighting, and some of the fixtures, and 10 changing the thermostats in the courtrooms, which really need 11 to be done to be more energy efficient, and hopefully better 12 controlled thermostats for our courtrooms. 13 JUDGE TINLEY: This is a reimbursement grant? 14 MS. LAVENDER: This is a reimbursement grant. It's 15 115,000 plus change, money out of the Recovery Reinvestment 16 Act from last year. We've been working on this -- 17 COMMISSIONER WILLIAMS: Why would the Historical 18 Commission get involved in approving air conditioner units 19 for the jail? 20 MS. LAVENDER: No not the jail. 21 COMMISSIONER WILLIAMS: Even though the Sheriff 22 believes it's historical in nature. 23 MS. LAVENDER: They didn't care about the jail. 24 They were concerned about the aesthetics at the courthouse, 25 that we not change the historical aesthetics of the 6-14-10 64 1 courthouse by anything we do. And so we sent the pictures of 2 everything that we're going to do here, and they have 3 approved it. 4 COMMISSIONER WILLIAMS: Don't want to confuse them 5 with the facts, now. 6 MS. LAVENDER: No significant impact on the 7 historical value by changing out the air conditioners that 8 are in the dirt floor underneath the -- 9 COMMISSIONER WILLIAMS: I understand. Thank you. 10 MS. LAVENDER: -- courtroom. What we're asking you 11 to do with this is just -- it's a contingency on this final 12 signature, and once we do that, then we'll issue bid packets 13 to replace those air conditioners at the jail. 14 COMMISSIONER LETZ: You're confusing me, talking 15 about air conditioners at the jail. We're talking about air 16 conditioners in this building. 17 MS. LAVENDER: Right. The ones at the jail are 83 18 -- well, the amount of grant money is 83,000, so that 19 requires that we go out for bids for the jail. The ones here 20 do not, because they don't -- they're not -- they don't meet 21 the limit to require bids. 22 COMMISSIONER OEHLER: So you have basically two 23 things; Historical Commission is involved in one, and this 24 grant funds for the jail in the other. 25 MR. BOLLIER: Right. 6-14-10 65 1 COMMISSIONER OEHLER: Okay. 2 COMMISSIONER LETZ: I -- 3 COMMISSIONER OEHLER: For upgrading into some more 4 efficient units. 5 MS. LAVENDER: Absolutely. 6 COMMISSIONER OEHLER: That's what the money's for. 7 MS. LAVENDER: Replacing 15-, 16-, 17-year-old 8 units out there. 9 COMMISSIONER OEHLER: Right. 10 MS. LAVENDER: With something that's going to be 11 fuel efficient and save us some money in the long term. 12 COMMISSIONER LETZ: I'll defer to the County 13 Attorney, but I have a little bit of a problem with the way 14 that agenda item's worded from what I'm hearing going out. 15 It's very specific to the jail, and we're talking about -- 16 MS. LAVENDER: No, no. 17 JUDGE TINLEY: All they're seeking authority for is 18 to go out for bids on the jail. 19 COMMISSIONER LETZ: On nine units at the jail. 20 MS. LAVENDER: Ten, actually. 21 MR. BOLLIER: Actually, ten units. A misprint. 22 MS. LAVENDER: I didn't bring this up. 23 COMMISSIONER LETZ: Okay. And all the rest of that 24 stuff isn't under the grant? That's -- 25 MS. LAVENDER: No, it's all under the grant, but it 6-14-10 66 1 does not have to be bid. The rest of the stuff that's 2 involved in the grant does not require bid. 3 MR. BOLLIER: In other words, the ten air 4 conditioners at the jail, we have to bid because it's over 5 50,000. We have two air conditioner units here at the 6 courthouse that does not have to be bid, because it's way 7 under 50,000. So, all we're asking permission is to go out 8 for bids for the jail. Do you understand that? 9 JUDGE TINLEY: Ms. Hargis? 10 COMMISSIONER LETZ: Are we talking about other air 11 conditioner units? 12 MS. HARGIS: It's all in the one grant. As you 13 recall, with our former County Attorney, when we did the 14 stuff at the Ag Barn, because it was all under one umbrella, 15 it all has to be bid. It can't be taken out in pieces. It's 16 going to have to all be bid at one time. 17 JUDGE TINLEY: Okay. Why don't you bring it back? 18 Why don't you bring it back for all the A/C units, as well as 19 the -- as well as the other elements of that grant, and we'll 20 just get -- we'll get a series of alternate bids on the whole 21 enchilada, as it were. 22 MS. LAVENDER: Okay. We weren't told that to begin 23 with, so that's fine. 24 JUDGE TINLEY: We'll get there. 25 MS. LAVENDER: Okay. 6-14-10 67 1 MR. BOLLIER: Thank you, sir. 2 JUDGE TINLEY: All right. Okay, let's go to Item 3 19, if we might; to consider, discuss, take appropriate 4 action concerning the approval of a bid by Guardian Security 5 Services for security camera system for the Kerr County 6 Sheriff's Annex. Mr. Barton? 7 MR. BARTON: Good morning, gentlemen. How are 8 y'all? 9 COMMISSIONER OEHLER: Good. How are you? 10 MR. BARTON: This is to add external cameras, and 11 also cameras inside the interview rooms, and also the 12 electronic locks on the new building's tied back into the 13 current system that we have in the law enforcement building. 14 COMMISSIONER WILLIAMS: Only one bid? 15 COMMISSIONER LETZ: Approval of bid. Where's the 16 bid? 17 MR. BARTON: There was -- 18 COMMISSIONER WILLIAMS: Where is it and how much is 19 it for? 20 MR. BARTON: I'm sorry. The total fee is $40,407. 21 40,407. 22 COMMISSIONER WILLIAMS: Only bid received? 23 MR. BARTON: Yes, sir. We did note -- I don't 24 think the Sheriff went out for more bids on it, because he 25 wanted to tie back into the existing system that we had 6-14-10 68 1 through Guardian. 2 JUDGE TINLEY: Guardian put in all the other 3 systems out there in the jail, as well as here at the 4 courthouse, -- 5 MR. BARTON: That's correct. 6 JUDGE TINLEY: -- did they not? 7 MR. BARTON: Yes, sir. 8 JUDGE TINLEY: And so all of this equipment's going 9 to be compatible with what's existing, and that will be 10 monitored from the jail -- 11 MR. BARTON: That's correct. 12 JUDGE TINLEY: -- out there? 13 MR. BARTON: Yes, sir. 14 JUDGE TINLEY: Okay. 15 COMMISSIONER LETZ: I sure hate to be difficult 16 today, but under the same -- this is still -- it's the annex 17 out by the jail? 18 MR. BARTON: This is the annex. 19 COMMISSIONER LETZ: That's one project that 20 everything has to be bid on. You know, unless there's an 21 exemption for a security system, which I don't -- I mean, I'd 22 be in favor of, but anything that goes on out there under 23 that construction is one project. That's what we had at the 24 Ag Barn; it's all got to be bid. I don't see how you can 25 build a security -- I mean, do this part of it for the 6-14-10 69 1 construction of that building as a separate item, and not bid 2 it. This is no different than at the Ag Barn, where we're 3 required to go out -- we did part of it, then we had to bid 4 it; we had to do the other part and bid it. It's just -- you 5 know, I mean, I'll defer to the County Attorney and the 6 Auditor on this, but I don't see how you can -- it's a part 7 of the building, to me. 8 MR. HENNEKE: I'm not sure I understand the -- this 9 wasn't -- I didn't receive this before it was put on the 10 agenda. I'm not sure I understand what this -- I thought 11 this was for a different project. Is this for the building? 12 MR. BARTON: This is for the Probation and the 13 Sheriff's annex out there. 14 MR. HENNEKE: Okay. 15 MR. BARTON: Law enforcement building. 16 COMMISSIONER WILLIAMS: Wasn't included in the base 17 bid? 18 MR. BARTON: No, sir. 19 JUDGE TINLEY: No. 20 COMMISSIONER LETZ: I can see that it wasn't 21 included. That makes sense, that it wouldn't be included, 22 but I just -- I don't want to get us in trouble for approving 23 big components to that package without having to bid them, or 24 any components to that package without bidding. 25 COMMISSIONER WILLIAMS: Are we going to have to bid 6-14-10 70 1 out the build-out for the interior? And if so, would this 2 not be a -- a legitimate piece of that? 3 JUDGE TINLEY: The -- on the building itself, the 4 bidding, there was three components. There was the site 5 work, which we pulled, and which Road and Bridge is doing. 6 The second component was the slab and the construction of the 7 shell. Third component was the finish-out in the building. 8 Those last two components, the bid was awarded by the Court 9 for the contractor that's currently under way out there. 10 This, of course, was not included in that. This is not part 11 and parcel of any other security system work that's proposed 12 to be done, is it, Mr. Barton? 13 MR. BARTON: This is going to be -- I don't 14 remember the cameras even being placed on the blueprint of 15 that original building at all. 16 JUDGE TINLEY: Yeah. 17 MR. BARTON: This is just to put some outside 18 cameras, similar to what we have in the jail already, in the 19 law enforcement building, to supply the -- the electric 20 locks. And part of the bid on that building, the blueprints 21 do show two interview rooms for our Criminal Investigation 22 Division. There will be interior cameras for that, and a 23 recording system for the interview rooms. 24 JUDGE TINLEY: But my question is, we're not -- 25 you're not asking us to approve this system for the annex, 6-14-10 71 1 and then you're going to have another proposal for, say, the 2 Sheriff's Office or another building? All that equipment's 3 already installed and working, isn't it? 4 MR. BARTON: That's correct. All this is is just 5 an extension of the current system that we have by placing 6 cameras on that new building that would tie back into the 7 monitors that we have at the existing system. 8 COMMISSIONER OEHLER: I can argue either way. You 9 know, you can say that it has -- it's not -- it's really not 10 part of it and it's a total separate issue once the building 11 is built, but you need to put the system in now before they 12 finish. 13 JUDGE TINLEY: At least the cabling for it. 14 COMMISSIONER OEHLER: But it adds to the cost of 15 the overall project. 16 COMMISSIONER LETZ: For that building. Where's the 17 money coming from? It's coming from that budget for this 18 building? 19 COMMISSIONER OEHLER: It's coming out of the loan 20 proceeds, and so you lump it all together. I've been in 21 trouble for this. I don't want to get in trouble again. 22 COMMISSIONER LETZ: I don't want to get in trouble 23 for it. 24 MS. HARGIS: I really think, again, even -- unless 25 it's a -- remember, there are some requirements where, if you 6-14-10 72 1 can't get the system from anywhere else, if there's no other 2 manufacturer of that particular equipment, then you have the 3 option; you don't have to bid it. But because that building 4 is, you know, a million-dollar project, it's going into that 5 building, I think we'd be safer just to bid it, and take the 6 bids and keep -- keep things above board. Just like in the 7 grant we just talked about earlier, it's a big -- it's a 8 package deal. 9 COMMISSIONER LETZ: You know, I do think -- you 10 know, the only thing I would question is that I -- if there's 11 some sort of an exemption for going with this security system 12 that is part of -- I mean, and I don't want to go out there 13 and, you know, if there's a way that we can be exempt on this 14 because it's for this -- say we need to extend that existing 15 security system, but I just want to make sure that we're 16 doing it properly. 17 COMMISSIONER WILLIAMS: That was my thought. 18 MR. BARTON: Sole source? 19 MS. HARGIS: Sole source, yes. 20 MR. BARTON: I'm not sure what I can answer, 21 gentlemen. I'm not sure that another vendor's equipment is 22 compatible to tie into our existing equipment provided by 23 Guardian. I'm not sure how that would work. 24 COMMISSIONER LETZ: Same vendor as what you -- what 25 you've got? 6-14-10 73 1 MR. BARTON: Guardian. The one we're using right 2 now is the same one that has the security system currently 3 set up in the law enforcement building that we monitor all 4 the jail, jail cameras, all the law enforcement cameras. 5 They set the system up in this courthouse. I'm not sure, if 6 another vendor was to get that bid, if they could tie their 7 equipment back into Guardian's equipment that we currently 8 monitor. 9 COMMISSIONER WILLIAMS: We need to know that. 10 MR. BARTON: Okay. I can't -- 11 COMMISSIONER OEHLER: Might want to come back later 12 in the day. 13 COMMISSIONER LETZ: If it's a sole source, and it 14 may be, I have no problem with it. 15 MS. HARGIS: Yeah, that would be the only exemption 16 that we have. 17 COMMISSIONER OEHLER: Could this be considered a 18 bid, or just a price? 19 COMMISSIONER LETZ: Just a price, all it is. 20 JUDGE TINLEY: Proposal. 21 COMMISSIONER OEHLER: Yeah, proposal. Okay. 22 MS. HARGIS: No, it really doesn't matter on the 23 price, because if you remember the Ag Barn, we had $5,000 and 24 $6,000; we still had to bid it. 25 JUDGE TINLEY: Mr. Henneke, have you got a grasp on 6-14-10 74 1 what the -- what the structure of this whole thing is yet? 2 MR. HENNEKE: I've got a better idea, Judge. I 3 mean, if we have to make a decision today, I think we need to 4 bid it, but if we need to investigate more to determine if 5 it's a sole source, and that this also falls under an 6 exemption, we can do that and come back at the next meeting. 7 I don't know what the time frame is on it, if there's an 8 emergency that this thing be considered today, or if we can 9 get all of the information and report back to the Court in 10 two weeks. 11 JUDGE TINLEY: Well, it may be possible we could 12 consider it later on today, too. But -- 13 MR. BARTON: Now, I could talk to -- try to get a 14 hold of Mr. Dunn. He can tell me whether or not any other 15 vendor's equipment is compatible to tie back into his current 16 equipment back there. I don't know who else to contact about 17 the compatibility besides Mr. Dunn with Guardian. And if 18 that's acceptable to the Court, I will try to reach out and 19 contact him, and report back. 20 MR. HENNEKE: Clay, can we just do this in two 21 weeks? 22 MR. BARTON: The only -- I don't know if he needs 23 to hook up with the -- I don't know what the timetable for 24 the rough-out on the inside is, because there will have to be 25 cabling run prior to sheetrock being installed. So, that's 6-14-10 75 1 the only hesitance I have about waiting two weeks to bring it 2 back. 3 JUDGE TINLEY: The -- 4 MR. BARTON: I know they've got the studs up. 5 JUDGE TINLEY: The stud framing is in place. 6 MR. BARTON: The studs are up. I'm just not sure 7 when they plan on starting the sheetrock. 8 JUDGE TINLEY: Well, they're starting to do some 9 electrical, and -- and they're going to do some of the 10 plumbing too, but they're moving right along. They're coming 11 right along. 12 MR. BARTON: But I can report back to the Court 13 today, if that's acceptable. 14 JUDGE TINLEY: Okay. Why don't you do that? 15 COMMISSIONER LETZ: All right. 16 JUDGE TINLEY: With respect to the Cummings Lane 17 issue, we don't have any other agenda items to address that 18 issue. If there are some of you here that were anticipating 19 that the Court was going to take up and make a decision on 20 that issue on another agenda item today, that will not be the 21 case. What we had earlier was merely a public hearing to 22 receive input with regard to the rescission of the existing 23 court order. In all probability, the issue, that rescission 24 of that court order, will be put on the next agenda, which 25 will be the -- oh, the fourth Monday will be the 28th. So, 6-14-10 76 1 if you were waiting on that, it's not going to happen today. 2 AUDIENCE: Thank you. 3 JUDGE TINLEY: All right. Why don't we take about 4 a 15-minute recess, and then we'll come back and hit it hard 5 and heavy. 6 (Recess taken from 10:39 a.m. to 10:57 a.m.) 7 - - - - - - - - - - 8 JUDGE TINLEY: Okay, let's come back to order, if 9 we might. Let me make sure I'm not off base with timed 10 items. We may have the opportunity to revisit that Item 19, 11 the security system. Let's go to Item 20; consider, discuss, 12 take appropriate action to approve applying for 2010 Edward 13 Byrne Memorial Justice Assistance Grant for $88,000 for the 14 Automated Fingerprint Identification System. Chief Deputy 15 Barton? 16 MR. BARTON: I'm going to have to withdraw this 17 agenda item. After we had it placed on here, I found out 18 Friday from the governor's office that local jurisdictions 19 don't qualify for this funding stream. 20 JUDGE TINLEY: Very well. Let's move on to Item 21 21; consider, discuss, take appropriate action to approve 22 reapplying for the 2010 COPS Hiring Program grant for two 23 officers' salary and benefits for a total period of three 24 years. 25 MR. BARTON: This is the same grant that this Court 6-14-10 77 1 approved for us to apply for in 2009. We did not get it in 2 2009, and the they only opened up this year's process to 3 those who did not get funded last year. So, it's the same -- 4 I think last year, we actually asked for five officers. They 5 determined this year through their formula that we'd be 6 eligible to apply for two officers. So, it's just coming 7 back the same that -- 8 COMMISSIONER OEHLER: We didn't get the five last 9 year? 10 MR. BARTON: We did not. 11 COMMISSIONER OEHLER: Oh. I thought that was a 12 done deal, but I guess not. 13 COMMISSIONER WILLIAMS: Full salary and benefits, 14 if we get it? 15 MR. BARTON: Yes, sir, they cover full salary and 16 benefits for three years. Then we have to pick it up -- 17 COMMISSIONER BALDWIN: For three years. Then the 18 County picks it up? 19 MR. BARTON: -- for at least one year after the 20 third year. 21 COMMISSIONER BALDWIN: And then you let them go, or 22 what? 23 COMMISSIONER WILLIAMS: No. 24 MR. BARTON: We have to -- by the contract, we have 25 to keep them for at least a year. 6-14-10 78 1 COMMISSIONER OEHLER: Buster, have you ever seen 2 that happen? 3 COMMISSIONER BALDWIN: No. I'm just trying to get 4 a little humor out of the deputy here. 5 COMMISSIONER OEHLER: Yeah. He's less responsive 6 than Rusty would have been. 7 COMMISSIONER BALDWIN: Yeah. And he can stand up 8 tall and look at us in our faces, too. (Laughter.) 9 COMMISSIONER WILLIAMS: So moved. 10 MR. BARTON: I'm going to stay out of both those 11 comments. 12 JUDGE TINLEY: We have a motion for approval. 13 COMMISSIONER BALDWIN: Second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval of the agenda item. Question or discussion? You 16 had a comment? Question? 17 MS. HYDE: If it's approved, then I add it to the 18 position schedule for this year? For the budget year? 19 JUDGE TINLEY: This is just application for a 20 grant. 21 COMMISSIONER LETZ: If it's approved, yes. 22 COMMISSIONER OEHLER: If it's approved, yeah. We 23 don't want to approve two officers, and let's pay for them if 24 the grant doesn't come through. 25 MS. HYDE: I'll put it in as a grant. 6-14-10 79 1 COMMISSIONER OEHLER: Okay. 2 JUDGE TINLEY: Okay. Any other question or 3 discussion? All in favor of the motion, signify by raising 4 your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Motion does carry. Let's go to Item 9 22; consider -- 10 MR. BARTON: Thank you, Judge. 11 JUDGE TINLEY: -- discuss, take appropriate action 12 to rescind Court Order Number 31725 which directed the County 13 Attorney to request an A.G. opinion on the applicability of 14 the Model Subdivision Rules in the ETJ, direct the County 15 Attorney to invoke the Arbitration Clause under Chapter 242 16 of the Local Government Code to resolve the issue of 17 subdivision rules in the ETJ, unquote. 18 COMMISSIONER LETZ: This is just a housekeeping -- 19 wanted to get rid of that court order. Move approval. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded to approve 22 the agenda item. Question or discussion? All in favor of 23 the motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 6-14-10 80 1 (No response.) 2 JUDGE TINLEY: The motion does carry. Now let's go 3 to Item 23; to consider, discuss, take appropriate action on 4 resolution to L.C.R.A. and the P.U.C. related to transmission 5 line routes. Commissioner Letz? 6 COMMISSIONER LETZ: I think everyone on the Court 7 should have received the newest draft of the resolution. 8 Just have it on the agenda for discussion, hopefully 9 approval. I'm certainly open to suggestions. I do have one 10 actually minor change as well, to get it started. On the 11 very -- on the last paragraph, I referred to the Kendall 12 segment as the Block Creek station. That really should -- 13 that should say Kendall station. So -- 14 COMMISSIONER WILLIAMS: Instead of Kendall segment? 15 COMMISSIONER LETZ: No, instead of saying Block 16 Creek station, that station is referred to as the Kendall 17 station. 18 COMMISSIONER WILLIAMS: Okay, I got it. 19 COMMISSIONER LETZ: Different name. I thought it 20 was different. 21 JUDGE TINLEY: I have made some comments on a copy 22 that I furnished to Commissioner Letz and Commissioner 23 Williams. They were the ones that were primarily working on 24 this. I apologize for not furnishing them to the other two; 25 I just made a copy this morning. There was some repetition, 6-14-10 81 1 and I also proposed some language in lieu of the last 2 paragraph on Page 1. I proposed some specific language 3 dealing with the -- the priority criteria for the determining 4 the location of those lines, to specifically be within or 5 adjacent to existing transmission easements or rights-of-way 6 upon which there are existing aerial structures, even if that 7 consolidation increases the total cost of the project. 8 My rationale in doing that is, as most of you are 9 aware, there is a -- what I call the northern route, which 10 picks up a transmission line easement west of Menard, and 11 would follow that transmission line easement or ones that 12 connect to it all the way into Comfort, which would then 13 leave the only -- only portion of that particular route which 14 is not covered by an existing transmission line easement upon 15 which there are existing aerial structures would be that 16 segment of it between the McCamey D station and the open 17 country upon which it traverses directly east until it picks 18 up that transmission line west of Menard, which is 19 approximately maybe one-fourth of the total length of the 20 line. And that, of course, traverses very open, sparsely 21 populated, undeveloped country, according to the conversation 22 that I had with the Schleicher County Judge day before 23 yesterday, I guess it was -- yeah. And thus putting most of 24 that line adjacent to existing lines, where there's already 25 aerial spoilage, as the case may be, or aesthetic spoilage 6-14-10 82 1 from transmission lines, and you'd be co-locating it along 2 with those. But that's my proposal. 3 COMMISSIONER OEHLER: That would be the least 4 impact to Kerr County. 5 COMMISSIONER LETZ: Judge? 6 JUDGE TINLEY: That would be my thinking; it would 7 be. 8 COMMISSIONER LETZ: Yeah. Judge, in looking at 9 yours, there was a duplication of two paragraphs, it appears. 10 The existing transmission and other right-of-ways, including 11 highways, should be used for property adjacent to existing 12 right-of-ways, and then the one below it on the first page. 13 You're proposing that we delete those two and replace it with 14 your language? And I have no problem -- 15 JUDGE TINLEY: Yes. 16 COMMISSIONER LETZ: I mean -- 17 JUDGE TINLEY: Yes. 18 COMMISSIONER LETZ: And then we delete it right 19 above the -- on the second page, those two are repeated; that 20 we just delete it, and we should delete them here, so that -- 21 JUDGE TINLEY: No, you would -- you would include 22 the first one that you deleted, existing transmission and 23 other rights-of-way. You would include that there, but you 24 would delete the second one where it's repetitive, because 25 you've already replaced it with the language that I proposed. 6-14-10 83 1 But -- but you still pick up, as the secondary criteria, 2 other transmission lines -- other rights-of-way, including 3 highways, that are adjacent to existing... 4 COMMISSIONER LETZ: Okay. 5 JUDGE TINLEY: Which really, in my way of thinking, 6 the basis of my rationale is pretty simple. When you're 7 dealing with a highway right-of-way, essentially you've got a 8 two-dimensional type situation. When you introduce the 9 aerial structures, you go to three dimensions. That's where 10 the -- where the visual spoilage becomes of a different 11 nature. That's the reason that I'm strongly advocating that, 12 to the extent possible, that any new line follow or be 13 colocated with, adjacent to existing transmission lines upon 14 which there are existing aerial structures. And in that 15 manner, you solve a lot of problems. Number one, the 16 spoilage is already bad; it just becomes a little worse. 17 Number two, it's more cost-effective, because if -- if you're 18 negotiating for or condemning an easement or right-of-way 19 across unspoiled country, I submit the cost is going to be 20 higher to get that done, as opposed to one upon which there's 21 already that existing aerial spoilage, as the case may be. 22 Thirdly, in consideration of the L.C.R.A. folks, it occurs to 23 me that the applicability of the Florida Power and Light 24 comparable sales becomes a lot less important, of less 25 consequence, because the Florida Power and Light was not 6-14-10 84 1 colocated with existing easements, aerial line easements, but 2 rather across open, unspoiled country, as it were. And the 3 applicability of those comparables, therefore, doesn't come 4 into play to the degree. They might be admissible for 5 evidentiary purposes, but their applicability is not nearly 6 as great if you've already got a transmission line up. 7 COMMISSIONER LETZ: Judge, I want to read it, 8 'cause I think people in the audience are probably somewhat 9 confused as to what we're talking about, 'cause they haven't 10 seen the newest resolution. But I wanted -- let me go ahead 11 and read it, I think. Then I'll bring up one other point. 12 I'm just going -- for simplicity, I'm going to forget all the 13 whereas's at this point, and just go -- read the points under 14 the "therefore, be it resolved." 15 Therefore, be it resolved on this date, 14th of 16 June, 2010, Kerr County Commissioners Court unanimously 17 requests that L.C.R.A., and ultimately the P.U.C., use the 18 following criteria in selecting the McCamey D - Kendall - 19 Gillespie transmission line route or any other proposed 20 transmission line in Kerr County. L.C.R.A. and P.U.C. must 21 respect private property rights and only locate transmission 22 lines on property where property owners voluntarily enter 23 into agreements with L.C.R.A. at fair market value. 24 Condemnation or threat of condemnation should not be used by 25 L.C.R.A. This principle should be used by L.C.R.A. and 6-14-10 85 1 P.U.C. in the primary consideration of route selection. In 2 locating new transmission lines, highest priority should be 3 given to locating such lines within or adjacent to existing 4 transmission easements or rights-of-way upon which there are 5 existing aerial structures, even if such consolidation 6 increases the cost of the project. 7 L.C.R.A. and the P.U.C. must use the following 8 general criteria in selecting the transmission line route, 9 and such criterion is consistent with the criteria set per 10 the Texas Administrative Code and Texas Utility Code. 11 Private property fragmentation. To the maximum extent 12 possible, transmission lines should follow property lines and 13 must not divide property into small, unmarketable tracts. 14 The diminishment of property values; environmental and land 15 use constraints, topography, engineering feasibility, and 16 policy of prudent avoidance. Any adverse effect upon the 17 aesthetics and beauty of the Hill Country vistas, and natural 18 resources such as rivers, tributaries, and sensitive 19 environmental areas. Any negative impact upon the economic 20 development and tourism in the hill country. 21 Transmission lines should not be located on 22 property within a 2-mile radius of the city limits of 23 Kerrville or Ingram, as these are areas of high population 24 density and are primary development areas. Transmission 25 lines should not be located on property within platted 6-14-10 86 1 subdivisions or other communities of concentrated population, 2 such as Comfort, Mountain Home, and Center Point, to the 3 extent possible. Single pole structures should be used, and 4 not lattice pole structures. Existing transmission and other 5 rights-of-way, including highways, should be used, or 6 property adjacent to existing right-of-ways. The Kendall 7 segment of the transmission line is at the Kendall -- Kendall 8 station on the edge of the community of Comfort. And it is 9 recognized that meeting all these criteria may not be 10 possible; however, priority consideration should be given to 11 utilizing existing transmission lines rights-of-way, avoiding 12 property fragmentation, avoiding platted subdivisions, and 13 respecting private property rights by reaching voluntary 14 agreements with property owners. 15 That's what it says right now, and I'm wondering if 16 we should go one step further and specify our preferred 17 route, which is the -- and we can figure out the numbers. 18 The route that -- on this plat Mr. Smith gave to us is the 19 route that goes to Menard and south of Mason, just on the 20 east side of Fredericksburg, and then down to Comfort. And 21 that is following the Kerr County and Gillespie County 22 existing -- an existing right-of-way with aerial structures 23 in it. I mean, I think -- I mean, my preference would be we 24 say that's the route that we think is best and makes the most 25 sense. 6-14-10 87 1 JUDGE TINLEY: That -- it's a no-brainer, in my way 2 of thinking, particularly when you look at the criteria and 3 the concerns about the aesthetics that seems to be of such 4 great importance. I -- it's the most northerly route, which, 5 of course, starts at McCamey D, moving almost directly east 6 to pick up the transmission line easement which is located 7 actually northwest of Menard, and then follows that -- that 8 transmission line easement and ones which connect to it and 9 proceed to -- to the Menard area. There's an alternative 10 to -- instead of going directly through Menard, like the 11 existing line does, of going around. That, of course, would 12 be a matter which would be at the choosing of the folks up in 13 Menard County. And then following that easement, at that 14 transmission line easement, in an east-southeasterly 15 direction into just south of Mason, and then continuing to 16 follow it down to Gillespie. And, here again, the Gillespie 17 station, there are some alternative routes which, of course, 18 would be of interest to the folks in Gillespie County, of how 19 they want to circumvent the city of Fredericksburg. Then 20 proceeding down to -- with the -- with the most easterly 21 transmission line easement shown on the map onto the Comfort 22 station. 23 COMMISSIONER LETZ: I think it could -- that route 24 meets the criteria described in the body of our resolution. 25 I think we should probably go ahead and just say it. 6-14-10 88 1 JUDGE TINLEY: That would be my preference. Surely 2 would. 3 COMMISSIONER OEHLER: Yeah. 4 COMMISSIONER BALDWIN: I agree with you. Why do 5 you have all the language in there about Ingram and Kerrville 6 and development if you're going to take off and not come 7 anywhere near all that? 8 COMMISSIONER LETZ: Because I think that meets that 9 criteria. 10 COMMISSIONER BALDWIN: All right. 11 COMMISSIONER LETZ: You know, I mean, it's a -- if, 12 for some reason, they don't select that route, I don't want 13 to throw out all the other criteria. I think this route, if 14 we go point by point down our resolution, that line meets 15 those criteria. 16 COMMISSIONER BALDWIN: Does that line meet the 17 language y'all were talking about earlier about alongside 18 existing rights-of-way? 19 COMMISSIONER LETZ: To a large extent. 20 COMMISSIONER BALDWIN: Does it match the tower 21 issue? 22 JUDGE TINLEY: Absolutely. 23 COMMISSIONER LETZ: Yes. 24 COMMISSIONER BALDWIN: The existing tower issue 25 that the Judge was talking about? 6-14-10 89 1 COMMISSIONER LETZ: Yes. And I think L.C.R.A. 2 should still respect private property rights and negotiate, 3 whatever negotiations they have to do, and not use 4 condemnation. And that would -- you know, this meets that 5 criteria as well. 6 COMMISSIONER BALDWIN: So your motion is going to 7 be to adopt that -- that particular route? 8 COMMISSIONER LETZ: Yes. I'll go ahead I'll make a 9 motion that we approve the resolution as modified today, with 10 the inclusion of naming the preferred route, in our opinion, 11 that meets all these criteria is the northernmost route, and 12 I'll pick out the letters that actually identify that route. 13 COMMISSIONER WILLIAMS: Second. 14 JUDGE TINLEY: We have a motion and a second. 15 Question or discussion on the motion? All in favor of the 16 motion, signify 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: That motion does carry. At this 21 point, let me go ahead and call Item 39. That agenda item is 22 an update from Representative Harvey Hilderbran on L.C.R.A. 23 proposed CREZ transmission line proceedings before the Texas 24 Public Utility Commission and/or discussion of possible 25 criteria to be considered in determining location of such 6-14-10 90 1 line. By way of introduction, Representative Hilderbran and 2 I had an opportunity to have a -- a good discussion last week 3 concerning this specific matter. We had invited him to 4 appear here at Commissioners Court if it were possible. He 5 was not able to appear, but did forward us written 6 communication in lieu of that, and I will read that into the 7 record at this point in time. It's a letter from 8 Representative Hilderbran addressed to the Court. 9 "Dear Judge and Commissioners, thank you for 10 inviting me to the Commissioners Court meeting. While my 11 schedule, unfortunately, does not permit me to attend, there 12 are several important facts about the proposed CREZ 13 transmission line route that I wish to convey to the 14 Commissioners. As you may be aware, I recently met with Kerr 15 County Judge Tinley to discuss the proposed CREZ line routes 16 passing through Kerr County. I share the concerns of many 17 Kerr County residents regarding the routes in Kerr County, 18 and the Judge and I agree on criteria that the L.C.R.A. and 19 the P.U.C. should use in selecting CREZ line routes. For 20 example, the transmission line should not cross private land, 21 but instead follow public power line easements, highways and 22 roadways, and property lines. I have not proposed a CREZ 23 line route, nor have I endorsed any CREZ lines. Rather, my 24 job has been to respond to my constituents and advance their 25 voices before the P.U.C. and L.C.R.A. My objective has been 6-14-10 91 1 to minimize the damage and mitigate the negative impact that 2 the CREZ lines will have on the Hill Country. I have been in 3 constant contact with L.C.R.A. regarding the very serious 4 concerns over the I-10 segment in Kerrville. In addition, I 5 am exploring alternatives and modifications to the I-10 6 route, and will be writing a letter to the P.U.C. expressing 7 our concerns. I have worked with my constituents and 8 officials in every county, and look forward to continuing to 9 work with you in the final stages of this process to protect 10 our landowners and communities. Thank you for this 11 opportunity to address this meeting of the Commissioners 12 Court. Respectfully, Harvey Hilderbran." 13 The reference in the letter that -- that he and I 14 agree on the criteria that should be used in selection of the 15 route, we were in lock-step agreement with regard to 16 following existing transmission lines upon which there are 17 existing aerial structures as the number-one priority, 18 because of the factors that I already mentioned. The -- the 19 other criteria, of course, the single poles, he was very 20 adamant about single poles. Secondary to transmission line 21 easements upon which there are existing aerial structures, he 22 talked about other aerial -- other easements, particularly 23 those with aerial-type structures or facilities, and 24 secondary to that, other right-of-ways and highways. But 25 that was the general agreement that we reached, and that's 6-14-10 92 1 the basis of his reference in the letter. 2 COMMISSIONER OEHLER: Other right-of-ways and 3 highways other than I-10? 4 JUDGE TINLEY: Well, that -- certainly, secondary 5 to the -- like I say, the absolute first priority was to 6 colocate or immediately adjacent to existing transmission 7 lines where there are existing structures, because of those 8 very reasons. I see it as a no-brainer, absolutely. It just 9 solves a lot of problems. I think the negotiation factor for 10 L.C.R.A. in dealing with private property owners is going to 11 be much easier if there are existing transmission lines with 12 structures on them already on a property owner's property. 13 COMMISSIONER OEHLER: No doubt. 14 JUDGE TINLEY: Certainly, there's additional 15 damage, but the primary damage has already been done, as it 16 were, so that should make their job easier. 17 COMMISSIONER OEHLER: I think that's a wonderful 18 idea. 19 COMMISSIONER LETZ: I think on the -- and, you 20 know, need to be very careful on the I-10 route, because it 21 depends on -- you know, if, for some reason, L.C.R.A. makes 22 the, in our opinion, wrong choice and puts it on more of one 23 of the southerly routes, once you get east of Kerrville, I'm 24 guessing somewhere about Allerkamp Road, you know, where 25 that -- bottom of the hill, somewhere in that area, 6-14-10 93 1 certainly, I would say that then you would want to get to 2 I-10 as quick as possible, because as you start going into 3 Comfort, the property fragmentation, if it comes in, you 4 know, just diagonally up from the northwest, it's just 5 hurting more of -- that interstate, you know, is a difficult 6 area already right there. And trying to have another 7 transmission line coming in from the northwest is -- you 8 know, I think we need to relook at it a little bit. 9 According to -- I know you hear a lot about I-10, and they're 10 going to sort of use -- and I agree with that. When you get 11 down in this area, you're in a flatter area. You're 12 talking -- most of those people, I-10's already destroyed 13 their properties. This is not a whole lot worse, and they 14 would prefer it, 'cause mostly people own land around there, 15 and they don't want to lose more of their property, so they 16 think it's preferable to get it, when you get near Comfort, 17 right on I-10. 18 COMMISSIONER BALDWIN: I think property owners can 19 all make that -- 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER BALDWIN: -- argument. I mean, I 22 agree with you. I agree with you. 23 COMMISSIONER LETZ: But -- anyway, but I think it 24 solves that problem if they take the route that makes the 25 most sense, which is following the existing power line all 6-14-10 94 1 the way from up towards Menard. And those people are still 2 going to have power lines. It's going to get to a point 3 where you're -- you know, it's a -- it's just the luck of the 4 draw of having that Kendall substation built where it's 5 built. That's where the power's -- 6 COMMISSIONER OEHLER: The land up there is not 7 nearly as rugged and rough as it is here. The topography's 8 much more conducive to building something like that. 9 COMMISSIONER LETZ: Oh, yeah. 10 COMMISSIONER OEHLER: Than going through the rough 11 hill country. 12 JUDGE TINLEY: You -- from your cost standpoint, 13 you got a couple of issues with following I-10. If you're 14 adjacent to interstate, being a controlled access highway, 15 you could encounter considerable difficulty in, number one, 16 the construction; number two, the maintenance of such a line 17 because of the controlled access aspect of it. If you locate 18 it next to existing transmission line easements, the 19 construction issue, if that transmission line were properly 20 located in the first instance, the first transmission line, 21 number one, it was constructed at -- at a place where 22 construction was feasible, or they wouldn't put it there. If 23 you're going to go right next to it, presumably you -- 24 possibly with some minor exceptions, you've got -- you've got 25 a feasible route for construction. 6-14-10 95 1 COMMISSIONER OEHLER: Those routes were built when 2 we didn't have the equipment and things we have now to do it. 3 COMMISSIONER WILLIAMS: I think the resolution 4 adequately covers all those concerns that were expressed by 5 members of the City Council and others who have talked to you 6 and other members of the Court, and we need to keep trying to 7 fine-tune it. But I think we've gotten -- 8 COMMISSIONER LETZ: I think it's -- I'm very happy 9 with the resolution as written. 10 COMMISSIONER OEHLER: Needs to get going. 11 JUDGE TINLEY: Any more on that particular agenda 12 item? 13 COMMISSIONER WILLIAMS: A gentleman out there 14 wanted to talk to us, Judge. 15 MR. SMITH: If possible. 16 JUDGE TINLEY: I had you file a participation form 17 and I still almost forgot you, didn't I? 18 MR. SMITH: Yeah. 19 JUDGE TINLEY: Come on up here and tell us -- give 20 us your name and address. 21 MR. SMITH: I'm Sam Smith. I live at 265 Whiskey 22 Canyon Ranch Road, and I just wanted, before you guys make 23 your final decision, to try to provide some information that 24 perhaps you haven't had. I made a presentation similar to 25 this to the City Council representatives, Todd Parton and 6-14-10 96 1 Charlie Hastings, and what I have presented there is a large 2 map, and it's in color. And the -- just so you completely 3 understand that map that I have left there with you -- you 4 probably do, but the orange lines there are the proposed 5 routes that L.C.R.A. has proposed that come from McCamey D 6 all the way down to Comfort. If you follow those routes, 7 you'll destroy about 2,280 acres of real estate that has not 8 been torn up. The other route that's in blue on your map 9 there is the I-10 corridor route. That's not exactly the 10 I-10 corridor route that they proposed. If you look at the 11 pink on there, you'll see their proposed route. 12 And I don't understand why, from just -- I'm an old 13 engineer. From an engineering standpoint, it doesn't make 14 sense, because if you take part of their proposed segments, 15 and represented in the blue there, you would save 28 miles of 16 line. And they have told me that a mile of this type line 17 costs about a million dollars, so that would cut off a 18 million dollars in expenditure. And you would intersect 10 19 out around Junction, and you'd just follow it then all the 20 way down. Now, since this map was drawn -- and I did this 21 because what you get if you go to the L.C.R.A. website is a 22 bunch of little sections of maps, and so you -- so what I did 23 was put all six of those sections together, take them down to 24 a print shop and had it blown up, so you got one map. You 25 don't have to try to thumb-page this. You can look at this; 6-14-10 97 1 you know exactly where these things are supposed to go. And 2 then on the green up at the top of the map, you'll see a line 3 there that goes from the West Texas McCamey D station -- if 4 you'll notice, over to your right, there's a little 5 intersection of a dotted line that comes down toward 6 Menard-Mason. 7 Now, that section of the line between McCamey D and 8 that intersection, that's a 138,000 volt lattice tower line. 9 That line goes all the way into Fredericksburg, and if you 10 wanted to see it, if you're driving between Fredericksburg 11 and Llano, you'll see that thing coming all down through the 12 country. Well, that's that line. And so what that would do 13 is you would -- you would have to acquire around 450 or 500 14 acres of land between the McCamey D and the Menard station. 15 And it's out in Schliecher County, which is not very well 16 populated, so that would be a clean area. And since the 17 line -- and down in Fredericksburg, they have two 18 substations. One's up on the -- let's see, it's on -- I 19 believe it's 87, just to the outside of the city limits. 20 There's a big -- and then down on the south side of town, 21 there's a second substation. And so then from that point 22 there in Fredericksburg, you'll see another dotted line going 23 down into Comfort. Now, that's another 138,000 volt line, 24 but in past meetings and things that we've attended, that 25 line is due to be taken out and rebuilt anyway. So -- you 6-14-10 98 1 know, so this would actually minimize the total impact on the 2 entire area. But one thing we have learned recently that's 3 even more important, I think, or at least as much importance, 4 is that we understand that the Florida Power and Light were 5 not able to -- to have sufficient power to power up their 6 line, which is a 345,000 volt line. Now, the line is built. 7 It's there; it's paid for, and I don't understand why the 8 P.U.C. can't force L.C.R.A. or somebody to give them the 9 power to power that line up. Then we don't need any of these 10 lines. To me, that's the best solution to the whole thing. 11 I don't know how you incorporate that in your resolutions, 12 but I have that. It's been given to us on fairly reliable 13 authority that that is the case, that they do not have 14 sufficient power to power the line. So, if we just power it 15 up, then all this stuff becomes moot. I don't see any reason 16 to have a redundant parallel 345,000 volt line going through 17 the country. And so that's -- that's it. 18 COMMISSIONER BALDWIN: The one you're talking about 19 that does -- they don't have the power to power up, -- 20 MR. SMITH: Yes, sir. 21 COMMISSIONER BALDWIN: -- is that the one that -- 22 MR. SMITH: Goes down by Wolf Creek. 23 COMMISSIONER BALDWIN: Uh-huh. 24 MR. SMITH: Crosses over -- 25 COMMISSIONER BALDWIN: Okay. 6-14-10 99 1 MR. SMITH: -- 16. That's the line that goes into 2 Comfort now. 3 COMMISSIONER BALDWIN: Okay. 4 MR. SMITH: And that's the line -- 5 COMMISSIONER BALDWIN: Not the one that goes around 6 Fredericksburg? 7 MR. SMITH: No, sir. No, sir. No, the one around 8 Fredericksburg is -- you know, that line has been in 9 existence for some time, and it's -- but it's a 138,000 volt 10 line. 11 COMMISSIONER BALDWIN: Okay. 12 MR. SMITH: But, you know, for easement purposes, 13 you could very well parallel that line, just like you 14 gentlemen have got in your proposal there. And, you know, 15 these -- these easements for this 345,000 volt line take 16 about 150 feet in width, so if you've got an existing line, 17 depending on where the poles are in that thing, you've 18 already got some space in there for another line, so you 19 might not have to -- maybe you'd only have to have 100 foot 20 extra of space, you know, going down through that area. But 21 that -- that makes -- anyway, that's what I have to tell you 22 guys, and hope that's helpful. And thank you very much for 23 your time. 24 COMMISSIONER BALDWIN: Thank you, sir. 25 JUDGE TINLEY: Thank you, sir. I apologize for 6-14-10 100 1 almost overlooking you there. 2 MR. SMITH: That's okay. 3 COMMISSIONER LETZ: Buster, the Florida Power and 4 Light line, it crosses Highway 87, just at the bottom of 5 Steeler Hill. 6 COMMISSIONER BALDWIN: Mm-hmm. 7 COMMISSIONER LETZ: Then it goes into Kendall 8 County and comes down into Comfort through Kendall County, 9 essentially, but it comes in across Highway 16 just right up 10 by the Kendall line north of Kerrville. 11 COMMISSIONER BALDWIN: Yeah, I know the one you're 12 talking about out here. 13 COMMISSIONER WILLIAMS: What is the size of that 14 Florida Power and Light line? Do you know? 15 COMMISSIONER OEHLER: He said 345. 16 COMMISSIONER WILLIAMS: 345? 17 COMMISSIONER LETZ: It's big. And it's pretty much 18 model poles, part of it. I don't know if it is all the way 19 out, but it is around, I think, the Kerr County portion. 20 COMMISSIONER BALDWIN: Do we know why that's -- 21 it's basically not being used? 22 COMMISSIONER LETZ: You know, it would be an 23 interesting thing to put -- I mean, to add that point, 24 that -- you know, that before any line should be used -- we 25 could add another point that before any new transmission 6-14-10 101 1 lines are built, full capacity should be, you know, pretty 2 much planned on all existing. I mean, I don't think you 3 necessarily have to have full capacity. They obviously have 4 to build into the future, but at least it ought to be 5 planned, and they ought to -- both public and private lines 6 should be, you know, at planned capacity. It gets -- it's 7 hard, because it's private line; it gets a little -- I 8 believe there's a lot of issues with that. 9 JUDGE TINLEY: Essentially, what you're saying is 10 that consideration should be given to the utilization of 11 capacity on both existing public and private transmission 12 line easements before constructing -- 13 COMMISSIONER LETZ: A new one. 14 JUDGE TINLEY: -- new transmission lines? 15 COMMISSIONER BALDWIN: That's easy for you to say. 16 (Laughter.) 17 COMMISSIONER LETZ: You know -- 18 COMMISSIONER WILLIAMS: Good work, Commissioner. 19 JUDGE TINLEY: Anything else on those agenda items? 20 Let's move on to Item 24, if we might. Consider, discuss, 21 and take appropriate action to authorize Kerr County to join 22 with City of Kerrville as intervenors in L.C.R.A.'s CREZ 23 transmission line matter pending before the Public Utility 24 Commission. I put this on the agenda. As I'm sure you know, 25 the City Council of the City of Kerrville voted to formally 6-14-10 102 1 intervene in the matter before the P.U.C. with respect to 2 this matter, and in large measure, that was at the urging of 3 representatives of L.C.R.A. to the Council and -- and staff 4 of the City. Those same representatives have indicated to me 5 that, "You need to protect yourself. Don't just pass your 6 resolution and go to the House. Get before the commission 7 and continue to press as things progress." Based upon that, 8 and based upon the fact that the City's criteria for this 9 transmission line and our transmission -- and the criteria 10 that we've set forth being the same, I discussed with the 11 City Manager the possibility of us joining with the City of 12 Kerrville as intervenors so that we jointly file before the 13 P.U.C. as intervenors in this process. They see that as a 14 plus. I see it as a plus if we do it jointly, presenting a 15 unified front. And that's the basis that -- that I put the 16 matter on the agenda for the Court's consideration today. 17 COMMISSIONER BALDWIN: Judge, it also -- does it -- 18 am I wrong in my thinking that it also gives us a voice at 19 the P.U.C.? 20 JUDGE TINLEY: Absolutely, it will. As 21 intervenors, it would give both the City and the County 22 jointly, as intervenors, the right to participate in those 23 proceedings. 24 COMMISSIONER WILLIAMS: I think it's the right 25 thing to do, and I would move that -- 6-14-10 103 1 COMMISSIONER BALDWIN: Second. 2 COMMISSIONER WILLIAMS: -- that we authorize Kerr 3 County to join with City of Kerrville as intervenors in the 4 L.C.R.A.'s CREZ transmission line matter pending before the 5 P.U.C. 6 COMMISSIONER LETZ: Second. 7 JUDGE TINLEY: We have a motion and a second. 8 Question or discussion on the motion? All in favor of the 9 motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion carries. Let's go to 14 Item 25; consider, discuss, and take appropriate action on 15 calling for a road district in a portion of Lane Valley 16 Subdivision, and setting a public hearing for the same. 17 Commissioner Letz? 18 COMMISSIONER LETZ: Lazy Valley. 19 JUDGE TINLEY: Excuse me. 20 MR. SMITH: Do you want copies of this? 21 COMMISSIONER OEHLER: Just one. 22 MR. SMITH: I'll go down to the print office and 23 I'll bring you one. 24 JUDGE TINLEY: That would be most kind. We 25 appreciate that, sir. 6-14-10 104 1 COMMISSIONER LETZ: Judge, we can pass on both 25 2 and 26. There's been more discussion. The individuals in 3 these developments I've been communicating with are aware 4 this may jeopardize getting on the November ballot, but we're 5 just not quite ready to set a public hearing yet. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER LETZ: We'll pass it. 8 JUDGE TINLEY: Let's go to Item 27; consider, 9 discuss, and take appropriate action to receive the audit 10 report by the Kerr County Auditor of the office of Kerr 11 County Attorney. Ms. Mabry? 12 MS. MABRY: Gentlemen, I believe you have an 13 electronic copy of the audit report. I'd like you to 14 formally receive it, and if there are any questions, I'll be 15 glad to answer them. 16 JUDGE TINLEY: Anybody have any questions on the 17 audit copy that's included? 18 COMMISSIONER BALDWIN: Receive it? Okay, I 19 received mine. 20 MS. MABRY: Okay. 21 COMMISSIONER BALDWIN: We need official action that 22 we have received it? 23 MR. HENNEKE: No official action, Commissioners. I 24 just want to commend Ms. Hargis and Ms. Mabry for their work 25 in conducting the audit and working with my staff very 6-14-10 105 1 professionally and thoroughly, going through the records in 2 our office. And as the report shows, the -- the office is 3 being run well financially. That was the finding of the 4 Auditor. We've made some minor revisions to make it better, 5 but Tess did a great job, and I just wanted to publicly thank 6 her for her efforts. And also -- 7 MS. MABRY: Thank you. 8 MR. HENNEKE: -- for Jeannie, for her office, for 9 being so cooperative and thorough. 10 JUDGE TINLEY: Other than acknowledging receipt, 11 which we are now doing by virtue of the fact we got this on 12 the agenda and you furnished us a copy, anything else you 13 want us to do? 14 MS. MABRY: No, sir. That's all. 15 JUDGE TINLEY: Thank you, ma'am. 16 MS. MABRY: Thank you very much. 17 JUDGE TINLEY: Appreciate it. 18 MS. MABRY: Thank you, Rob. Appreciate it. 19 JUDGE TINLEY: Let's go to Item 28; consider, 20 discuss, take appropriate action to approve preliminary Kerr 21 County budget calendar and dates for budget workshops. 22 MS. HARGIS: Just in case everybody didn't have a 23 calendar, I went and printed them. 24 COMMISSIONER OEHLER: How about that? 25 MS. HARGIS: I think you have five there. This is 6-14-10 106 1 a calendar; doesn't have anything on it. 2 THE CLERK: Is it blank? 3 MS. HARGIS: Yes, totally blank, just so they know 4 the dates. 5 COMMISSIONER LETZ: Why don't you look at it? 6 Whatever y'all decide. 7 (Discussion off the record.) 8 JUDGE TINLEY: It would appear that most of the 9 budget workshops -- other than matters that can be considered 10 during regular Commissioners Court days, most of the budget 11 workshops appear to be on Tuesday. 12 MS. HARGIS: We did set them on Tuesday, yes. 13 JUDGE TINLEY: Mm-hmm. That's -- 14 MS. HARGIS: I think y'all have a copy of the 15 preliminary calendar. 16 JUDGE TINLEY: Mm-hmm. 17 COMMISSIONER BALDWIN: I received mine. 18 JUDGE TINLEY: The only thing -- Tuesday is fine. 19 If we can -- because of my normally holding mental health 20 hearings Tuesday morning, if we could wait until 10:00 in the 21 morning to start them, or in the afternoon, whichever. Other 22 than that, Tuesday will work for me. 23 MS. HARGIS: Anybody else? 24 JUDGE TINLEY: That's the only hangup I've got for 25 Tuesday. 6-14-10 107 1 COMMISSIONER WILLIAMS: Afternoon works pretty 2 good. Afternoon works pretty good. 3 JUDGE TINLEY: You prefer afternoon on Tuesdays? 4 COMMISSIONER WILLIAMS: Frankly, I do, yes. 5 JUDGE TINLEY: Okay, that's fine. 6 MS. HARGIS: Want to start at 1 o'clock on Tuesday? 7 Is that all right? 'Cause it usually takes three or four 8 hours, so in order to get through by 5:00, we'll start at 9 1:00. 10 COMMISSIONER LETZ: The -- so there's really three 11 workshops? 12 MS. HARGIS: Right. 13 COMMISSIONER LETZ: The 6th, 13th, and 20th. 14 MS. HARGIS: Right, the 6th of July, 13th of July, 15 and the 20th of July, at 1 o'clock. 16 COMMISSIONER LETZ: Okay. 17 COMMISSIONER BALDWIN: Now, those are workshops. 18 There'll be no action taken, correct? 19 MS. HARGIS: No -- well, there will be some action 20 taken. If you decide that you want to cut a budget or 21 increase a budget or something of that nature, we're working 22 with the budget right now, so it's a working document. We 23 did that -- that's what you've done in the past. 24 JUDGE TINLEY: There might be some preliminary -- 25 MS. HARGIS: Changes. 6-14-10 108 1 JUDGE TINLEY: -- consensus or positions reached, 2 but until we get to the end of the trail, I don't think we 3 ought to set anything in concrete, for example, in a 4 particular department's budget. And I think that's the point 5 the Commissioner was making, and I agree with that. 6 MS. HARGIS: Yeah, we're just working with the 7 document at this point. You're taking any special requests 8 or changes or anything of that nature into advisement. That 9 just gets us pretty close to having a full month for you to 10 be able to make those decisions that you need to make. 11 JUDGE TINLEY: And you've got us some -- a little 12 cushion here. You got us about a 30-day cushion. 13 MS. HARGIS: Yes. 14 JUDGE TINLEY: Which I appreciate. That way if we 15 need additional workshops, we can plug them in. If, you 16 know, we get to some issues that we need additional work on, 17 but we're backed away from the drop-dead deadline of about 30 18 days, I think that's good. 19 COMMISSIONER WILLIAMS: Are you going to schedule 20 these three, Judge, with -- with whom we meet? How's that 21 going to work? 22 JUDGE TINLEY: Well, we'll just -- yeah, we'll cut 23 up which -- 24 COMMISSIONER WILLIAMS: Who's coming when? 25 JUDGE TINLEY: Yeah, exactly. As we've done in 6-14-10 109 1 previous years. 2 COMMISSIONER WILLIAMS: Okay. 3 JUDGE TINLEY: I think one thing that's going to be 4 easier for us this year, there's going to be little, if any, 5 consideration to capital items. 6 MS. HARGIS: There's not. 7 JUDGE TINLEY: Because we've made provision for 8 those already. But that will make our process much easier, 9 'cause that's where a lot of the higher-ticket items are, 10 number one, and number two, the lengthy discussions that take 11 place in looking at information and so forth. 12 MS. HARGIS: And I would like to compliment all the 13 elected officials and department heads, because they did get 14 their budgets all done in a very timely manner, and they've 15 been very cooperative. I think we're getting smoother and 16 smoother every year with this process. I think they're 17 finding it faster. They're glad to see their notes; they can 18 put their notes in, then you can read them. We're hoping 19 they continue to do that so that you can read these documents 20 prior to coming in. That helps, I think, all of us. So, 21 they've done a really good job. I appreciate it. 22 COMMISSIONER OEHLER: Well, it's probably going to 23 come down to how the -- the new proposed -- well, the new 24 health care law is going to impact us, and salaries and stuff 25 like that. But most of everything else is -- 6-14-10 110 1 COMMISSIONER WILLIAMS: That will be a lengthy 2 session. 3 COMMISSIONER OEHLER: Very lengthy session. You'll 4 find out what all the impact of all this is going to be -- 5 financial impact is going to be. 6 JUDGE TINLEY: To the extent that's even known yet. 7 COMMISSIONER OEHLER: I don't think it's quite 8 known. I've read everything given to me. 9 COMMISSIONER WILLIAMS: Pretty fluid right now. 10 COMMISSIONER OEHLER: Yeah. 11 MS. HARGIS: Thank you, gentlemen. 12 JUDGE TINLEY: Thank you. Let's go to Item 29, if 13 there's nothing further on that. Consider, discuss, take 14 appropriate action regarding the abandonment of county road 15 through Ingram Little League property, and to set a public 16 hearing on the same. We just need a public hearing on that 17 now; is that correct? 18 COMMISSIONER OEHLER: That's correct. That's the 19 first step. And what this amounts to is a road that runs 20 through the Little League property is a county road; has been 21 since the State gave it to us back in the early '90's. And 22 Little League wants to add another field, and they'd like for 23 us to consider abandoning the maintenance and letting that 24 become Little League property. 25 JUDGE TINLEY: That's the one that runs behind -- 6-14-10 111 1 COMMISSIONER OEHLER: It goes -- you go by the Arts 2 Foundation and come out over by Cade Loop, or close to it. I 3 was asked to do this, and I think we need to have a public 4 hearing. Because, you know, it's really just two property 5 owners there; it's Little League and Arts Foundation. 6 COMMISSIONER BALDWIN: What about that part out 7 there by the Arts Foundation? 8 COMMISSIONER OEHLER: Doesn't affect that. They 9 only want -- of course, they can't -- 10 COMMISSIONER BALDWIN: We're going to own 100 feet 11 of road? 12 COMMISSIONER OEHLER: We're not -- we're going to 13 give up ownership, is what they're wanting us to do. 14 COMMISSIONER BALDWIN: To the Little League. What 15 about the part that's right out there by the Point Theatre? 16 COMMISSIONER OEHLER: Still remains Point Theatre, 17 still County-maintained. 18 COMMISSIONER BALDWIN: So it's still county -- 19 COMMISSIONER OEHLER: We'd just be -- if this 20 happens, we'll be giving up about a -- probably 400 feet. 21 I've got the plat in there of what is now County-maintained 22 road. Give that up to Little League, and then the rest still 23 remains under county maintenance. 24 COMMISSIONER BALDWIN: Why would we want to keep 25 just a little jag of it? I mean, wouldn't we want to give it 6-14-10 112 1 to the Point Theatre and just get that -- 2 COMMISSIONER OEHLER: We can try that. 3 COMMISSIONER BALDWIN: -- get that out of the way? 4 Why couldn't we? 5 COMMISSIONER LETZ: They probably want us to 6 maintain it. 7 COMMISSIONER OEHLER: They probably want us to 8 maintain it. I don't think they want to maintain it. 9 COMMISSIONER WILLIAMS: That may be the reason. 10 COMMISSIONER OEHLER: Yeah. But, you know, that's 11 just -- I was asked to do this. I think we set a public 12 hearing for the -- it would be the first -- 13 JUDGE TINLEY: Be a 30-day? 14 COMMISSIONER OEHLER: 30-day. 15 JUDGE TINLEY: Then it would have to go to the 26th 16 of July. 17 COMMISSIONER OEHLER: 26th of July at 10 a.m. 18 JUDGE TINLEY: And that's your motion, to have a 19 public hearing on this matter? 20 COMMISSIONER OEHLER: Yes, sir. 21 COMMISSIONER LETZ: Second. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded to have a 24 public hearing on July the 26th at 10 a.m. regarding the 25 abandonment of the county road through Ingram Little League 6-14-10 113 1 property. Any question or discussion on the motion? All in 2 favor of the motion, signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: The motion does carry. Let's go to 7 Item 30; to consider, discuss, take appropriate action to 8 authorize signage at Flat Rock Lake Park relating to pet 9 waste resulting in increased levels of bacteria as monitored 10 by U.G.R.A. in Riverside Park area of the Guadalupe River. 11 Commissioner Williams? 12 COMMISSIONER WILLIAMS: Thank you, Judge. This is 13 not to take anybody's rights or privileges away. This is 14 just to talk about degradation in the water, sometimes 15 resulting from pet waste. About, oh, a month or six weeks 16 ago, Commissioner Letz and I met with Ray -- Ray, come up, if 17 you will, please -- Ray Buck of U.G.R.A. and -- and Tara 18 Bushnoe. And Tara has been really instrumental in doing the 19 testing and so forth resulting in increased levels of 20 bacteria in and around our park area, both on Flat Rock and 21 Louise Hays and wherever. And Tara had some good suggestions 22 about how we might be able to post some signage which reminds 23 people that there is a problem with respect to pet waste, and 24 on your computer, if you have them, are some of the signs 25 that Tara has put together. And what we want to do is just 6-14-10 114 1 review it with the Court, take a look at it, and let them put 2 them up. Pretty cute puppy, huh? 3 JUDGE TINLEY: Commissioner, one thing I was rather 4 astounded by, all the other sampling points at the U.G.R.A. 5 Lake where the water supply comes from, and then there by the 6 Lemos Street Crossing, and then downstream at Split Rock had 7 E. coli levels of, oh, anywhere from 20 to maybe 25, or 8 slightly higher than that, organisms per hundred million 9 liters, but the Riverside Park, which is that area around 10 Kerrville-Schreiner, Flat Rock and in there, goes up to just 11 under 200. 12 COMMISSIONER WILLIAMS: It does. 13 JUDGE TINLEY: I was really amazed at that. 14 MR. BUCK: Would you like me to calculate what the 15 program -- 16 COMMISSIONER WILLIAMS: Please, Ray. 17 MR. BUCK: Thank you, Judge and Commissioners. Ray 18 Buck with U.G.R.A. In 2002, EPA designated a three and a 19 half mile segment of the Guadalupe River as impaired in 20 relation to contact recreation based on the high bacteria 21 levels that you've noticed in this signage. When I came here 22 in 2005, the State -- part of that process, once EPA, for the 23 federal government, designates something as impaired, the 24 State then is required to come in and do an assessment of 25 that area, which is called a total maximum daily load. They 6-14-10 115 1 have to determine how much bacteria is coming into that area 2 and then try to identify the sources of that bacteria. 3 T.M.D.L. was approved, and then the next step would be that 4 the State developed an implementation plan to reduce that 5 bacteria level. 6 U.G.R.A. applied to the State -- petitioned the 7 State, and was granted the ability to get a grant from EPA to 8 develop our own tailor-made implementation plan in Kerr 9 County, which we've done. And Commissioner Letz has served 10 on our stakeholder group, as well as Ray Garcia, and we've 11 identified several implementation measures called adaptive 12 management, 'cause we really don't know where all of it's 13 coming from, but we do know some of the major sources; pet 14 waste, waterfowl, and then roosting birds for a big one. And 15 so part of this issue that Commissioner Williams is 16 addressing at Flat Rock is part of what we've identified in 17 this implementation plan. It's pet waste, and one of the 18 management strategies that's been approved by the State is 19 signage and education to get people to recognize the 20 importance of picking up after their pets and properly 21 disposing of that waste. And so this signage could be 22 entirely paid for out of this existing grant that we have 23 right now. 24 COMMISSIONER WILLIAMS: How big will the signs be, 25 Ray, and where do you plan to place them? 6-14-10 116 1 MR. BUCK: We're looking at the ones that you may 2 have, like this one, probably a 3-by-4, and then there -- 3 we'll have one big one at the entrance of the park, and then 4 one -- well, the 3-by-4, and then another one at the entrance 5 of the off-leash park. And then throughout the -- and all of 6 these stations will have the doggy bags -- doggy poop bags, 7 and there will be several throughout the circular loop on the 8 bottom. 9 COMMISSIONER BALDWIN: I thought we already did all 10 that. 11 COMMISSIONER WILLIAMS: Not this. Not this. 12 COMMISSIONER BALDWIN: I understand. Do we -- do 13 we have poop bags? 14 COMMISSIONER WILLIAMS: Well, there -- there are 15 some poop bags out there that were put there by some of the 16 users of the off-leash park. We've never -- we didn't put 17 them -- it's not our responsibility and we didn't continue to 18 stock them, but there is one, I think. Right, Tim? 19 MR. BOLLIER: Yes, sir. 20 COMMISSIONER WILLIAMS: And this would be more, I 21 think, what Ray has in mind. 22 MR. BUCK: We're looking at putting them on all 23 of -- probably four around the circle, smaller size. 24 COMMISSIONER WILLIAMS: Yeah. 25 MR. BUCK: And then the two big ones for sure. 6-14-10 117 1 COMMISSIONER WILLIAMS: Which would be very 2 helpful, 'cause people still use the main section of the 3 park. 4 COMMISSIONER BALDWIN: You're talking about two 5 signs? 6 MR. BUCK: We're talking two big ones, and then 7 there's some smaller signage that you would use around the 8 walking track or that area, so that's convenient. They don't 9 have to go -- if they forgot to pick one up, it's always 10 convenient to have a bag. Part of this process, even though 11 the funds will pay for the signage and the continual 12 replacement of the bags, we're asking -- the County would be 13 asked to donate -- and we kind of estimated about 10 hours of 14 time erecting the signs and picking up the waste on a weekly 15 basis out of the trash cans. 16 COMMISSIONER WILLIAMS: On a routine basis. 17 MR. BUCK: Yes, sir. 18 COMMISSIONER BALDWIN: Well, I'm not real big on 19 signs. We're almost to the point now where we're putting up 20 signs to look ahead for a sign, kind of thing out there. Did 21 you -- these numbers at that particular park, could that 22 possibly be part of Third Creek coming in? 23 MR. BUCK: No, sir. We've identified -- Third 24 Creek typically is very low, because it has chlorine in it 25 and it's treated. 6-14-10 118 1 COMMISSIONER BALDWIN: 'Cause it comes out of the 2 city. 3 MR. BUCK: Mm-hmm. 4 COMMISSIONER BALDWIN: Have you thought about 5 moving those birds to Louise Hays Park? 6 MR. BUCK: Trying to move them out of Louise Hays 7 Park. 8 COMMISSIONER BALDWIN: I know. But Louise Hays 9 Park's not complaining like we are. 10 MR. BUCK: Well, in actuality, we're working with 11 the City on signage there as well. 12 COMMISSIONER BALDWIN: So, we need to catch those 13 ducks and move them to Louise Hays Park. 14 COMMISSIONER OEHLER: Move them up the street; they 15 go right back down the street where they were. 16 COMMISSIONER WILLIAMS: Here they come again. 17 COMMISSIONER OEHLER: I think they -- as I 18 understand it, they can, you know, through testing, identify 19 the source, and they know it's ducks, birds, and animal -- 20 and dogs, essentially. We know where it's coming from. It's 21 just -- I'm glad I don't have that problem. 22 COMMISSIONER BALDWIN: And so are you talking about 23 putting signs in the county dog park? 24 COMMISSIONER WILLIAMS: Entrance to it. 25 MR. BUCK: Yeah, the entrance to that. 6-14-10 119 1 COMMISSIONER WILLIAMS: And the main entrance 2 coming in as well. 3 MR. BUCK: Yes, sir, and then maybe some smaller 4 signs throughout that bottom area. 5 COMMISSIONER WILLIAMS: It serves as a reminder to 6 pick up after your pet. 7 MR. BUCK: Promotes public awareness. I think a 8 lot of people don't realize that. It's like litter; if one 9 person throws out a piece of litter, doesn't seem like much, 10 but if everyone does it, it kind of becomes a cumulative -- 11 COMMISSIONER LETZ: And I think it's -- you know, I 12 think we -- I mean, I think it's a good idea, 'cause I think 13 it's -- I mean, obviously, we certainly want the river to be 14 clean, and we got to clean it up, and that's part of the -- 15 you know, the City needs to -- 16 COMMISSIONER BALDWIN: It's those ducks. 17 COMMISSIONER OEHLER: This is another effort of 18 trying to allow people to still have the freedom to take 19 their animals and stuff and pets to exercise them. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER OEHLER: But, at the same time, it 22 reminds them to be a little more diligent about picking up 23 after their pets. 24 COMMISSIONER WILLIAMS: That's exactly right. 25 COMMISSIONER LETZ: And if you're not -- if you 6-14-10 120 1 don't have -- you know, I agree with Commissioner Baldwin 2 about having so many signs out there, but if you don't 3 have -- if it's not convenient, they're not going to do it, 4 bottom line. You got to have the stations, you know, and if 5 there's enough where people don't have to walk half a mile to 6 use it, hopefully it will work. And then is there any 7 funding to keep the -- I guess the little glove things -- 8 MR. BUCK: Yes, sir. We would -- U.G.R.A. would 9 keep those supplied through the 319 grant. 10 COMMISSIONER WILLIAMS: You'll work through our 11 Maintenance Department for that? 12 MR. BUCK: Yes, sir. 13 COMMISSIONER BALDWIN: And what is the -- say it 14 again? What is going to be required of our Maintenance 15 Department? 16 MR. BUCK: Well, erection of the signs initially, 17 and then a weekly pickup and disposal of the waste. 18 COMMISSIONER BALDWIN: Will the waste be in a 19 regular trash can? I mean, is that something we're doing 20 already? 21 MR. BOLLIER: We pick up down in the dog park, yes, 22 sir. Only place I don't pick -- the only thing I don't do is 23 put gloves in them, their little poop bags. 24 COMMISSIONER BALDWIN: But you will start? 25 MR. BOLLIER: No, sir. 6-14-10 121 1 COMMISSIONER LETZ: Who's going to do that? 2 MR. BUCK: I guess it would be county staff, when 3 they pick up the waste. 4 COMMISSIONER WILLIAMS: Are you going to provide 5 receptacles for the waste? 6 MR. BUCK: Yes, sir, that all comes with it. 7 COMMISSIONER WILLIAMS: Okay, that's good. 8 MR. BUCK: I think there's actually a bag inside, 9 so that when they pick up the waste, they just pull the bag 10 out, put a new bag in there. I'll double-check that; I'm not 11 real confident on that. 12 COMMISSIONER BALDWIN: Better check with them to 13 see what else they have for you before you walk out of here. 14 MR. BOLLIER: I really don't want that. 15 MR. BUCK: I'm at the mercy of the Commissioners 16 Court. We're willing to help you. 17 COMMISSIONER WILLIAMS: I appreciate Ray and Tara's 18 help on this. I would move approval of the project as 19 proposed. 20 COMMISSIONER OEHLER: Second. 21 JUDGE TINLEY: Motion made and seconded as 22 indicated. Further question or discussion on that motion? 23 All in favor of that motion, indicate by raising your right 24 hand. 25 (The motion carried by unanimous vote.) 6-14-10 122 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. 4 COMMISSIONER LETZ: You need your part-time person 5 to do something. 6 MR. BOLLIER: Part-time person's only for three 7 days out of the week. 8 COMMISSIONER LETZ: Only do it once a week. 9 COMMISSIONER OEHLER: Only takes 30 minutes to do 10 the whole thing. 11 JUDGE TINLEY: Let's go to Item 31; consider, 12 discuss, take appropriate action on capital/personnel/ 13 financial matters relating to the Airport Services Agreement 14 between the Airport Board and Kerr County to become effective 15 on October the 1st, 2010. Commissioner Williams? 16 COMMISSIONER WILLIAMS: As the Court knows, the 17 Airport Board unanimously accepted our proposal to provide 18 services for airport -- routine airport maintenance and so 19 forth by a five-nothing vote, and since that time 20 Commissioner Letz and I have been involved in meetings with 21 our own personnel to discuss exactly what we need to do and 22 when we need to do it, and hopefully how we need to do it. 23 And then I've had -- then we had a meeting with Bruce 24 McKenzie and the airport people, and we reviewed all of our 25 notes and thoughts as to what was required to accomplish. 6-14-10 123 1 And since then, I gave Mr. Bollier a whole list of things 2 that we needed to acquire with respect to equipment and tools 3 and so forth and so on. I made this agenda item kind of 4 broad, because there are some implications with respect to 5 financial and personnel and other matters, and so we need to 6 talk about them all. 7 There's going to be some personnel that's going to 8 have to be advertised for and hired prior to our taking over, 9 we would hope in time for us to have some training out there. 10 I think the last thing that we want to see happen is that on 11 October 1, we got some green people walking out there 12 scratching their head and saying, "What do we do now?" 13 That's not a good thing. So we need to have those folks on 14 board, we need to have the equipment on board, and need to be 15 ready to move into the building that's going to be the 16 maintenance depo out there for the airport, and that will 17 be -- for your information, that will be the old B & A 18 Products building. That's what's going to be turned over to 19 us for that purpose. 20 COMMISSIONER BALDWIN: Commissioner? 21 COMMISSIONER WILLIAMS: Yes? 22 COMMISSIONER BALDWIN: Before you go any further, 23 let me ask you a question. Who are these people that you're 24 going to advertise and train -- advertise to hire and train? 25 COMMISSIONER WILLIAMS: Who are they? 6-14-10 124 1 COMMISSIONER BALDWIN: Yeah. 2 COMMISSIONER WILLIAMS: I don't know yet, but we're 3 going to advertise and find them, and then -- 4 COMMISSIONER BALDWIN: No. 5 COMMISSIONER WILLIAMS: -- we will hire them. 6 COMMISSIONER BALDWIN: What will they be doing? 7 You're just hiring a bunch of people? Or do they have 8 something to do? 9 COMMISSIONER WILLIAMS: No, we've committed up to 10 two people to be assigned to the Airport Manager to 11 accomplish that entire list of things that the Court 12 approved. 13 COMMISSIONER BALDWIN: Maintenance-type people? 14 COMMISSIONER WILLIAMS: Yes, sir. 15 COMMISSIONER BALDWIN: Okay. 16 COMMISSIONER LETZ: Maintenance, parks-type. 17 COMMISSIONER WILLIAMS: Maintenance/parks. And if 18 there's any heavy stuff, Road and Bridge will take care of 19 that later. 20 COMMISSIONER BALDWIN: And there's some -- if my 21 memory serves me, there are some things that -- like the 22 changing those big light bulbs or something like that, that 23 that's not an everyday maintenance-type -- 24 COMMISSIONER WILLIAMS: Not an everyday, but the 25 checking of them is very routine. 6-14-10 125 1 COMMISSIONER BALDWIN: Yeah. 2 COMMISSIONER WILLIAMS: If you have to change them 3 out, you got to change them out. If you got to adjust them, 4 you got to adjust them. And -- like changing out these bulbs 5 right there. 6 COMMISSIONER BALDWIN: Yeah, like changing that 7 bulb there and this one here. 8 COMMISSIONER WILLIAMS: Things like that. 9 COMMISSIONER BALDWIN: Tim. Like changing this one 10 here and this one over there. 11 MR. BOLLIER: And that one over there. Three of 12 them, sir. 13 COMMISSIONER WILLIAMS: Jon, do you -- 14 COMMISSIONER OEHLER: No wonder I can't read. I'm 15 in the dark. 16 COMMISSIONER LETZ: We've talked -- Bill and I have 17 talked about this quite a bit with Eva and Jeannie, and the 18 idea is that these will be county employees. That way they 19 have all -- they're under our policy, all of our county 20 stuff. They're assigned out there, but there is also a 21 potential that if -- depending on workload, especially during 22 the winter when it's slower, mainly because of mowing and 23 weedeating and some of that stuff, they could be partial -- 24 part-time or, you know, split half time at the airport, half 25 time probably in the Maintenance Department, would be where 6-14-10 126 1 they go. They get some -- you know, and it would be -- that 2 way they're not just airport employees. They're county 3 employees that we just assign there to get the work done. 4 But they will be doing all of the -- everything out there 5 that the City's been doing except the heavy road work. That 6 will be done by our Road and Bridge Department. And -- but 7 it will be all, you know, the lights, changing out the light 8 bulbs and all that stuff, custodial work, everything. 9 COMMISSIONER BALDWIN: The -- hold on. Just hold 10 on. The -- let's say you have a couple employees out there 11 that are doing maintenance, and the winter comes along, and 12 you don't need to be mowing grass. Who makes the call, that 13 -- that that person's going to go with Road and Bridge for a 14 couple weeks? 15 COMMISSIONER LETZ: I think it will be the Airport 16 Manager. 17 COMMISSIONER WILLIAMS: Airport Manager. He knows 18 what he needs done, and what -- 19 COMMISSIONER BALDWIN: We're going to make that 20 clear somewhere, in some document somewhere so everybody 21 understands? 22 COMMISSIONER LETZ: Yeah. I mean, he -- we've 23 suggested it with him and he clearly understands, but 24 probably, yes, it can be in our -- it will be an agreement 25 between the County and the Airport Board about this, and it 6-14-10 127 1 can be -- certainly, that can be a part of that. 2 COMMISSIONER OEHLER: So, he can -- basically, we 3 reassign those people to Kerr County Maintenance or to Road 4 and Bridge for a period of time. Say I don't need them for 5 two weeks. 6 COMMISSIONER WILLIAMS: That's very possible. And 7 it's quite likely that it will probably help, particularly in 8 the off months Jonathan's talking about, when you don't have 9 all the grass growing and weeds, all that kind of stuff. 10 But, you know, that agreement is very complex, and identifies 11 a whole raft of things that need to be done. And what our -- 12 our proposal to the airport was is that these people will be 13 under the supervision of the Airport Manager. If they're not 14 used, they're not going to be used by him, and they can be 15 used by us, because they're Kerr County employees. In 16 addition to all of that, then there are all the other things, 17 the H.R. involvement. There's the financial department's 18 involvement, there's the I.T. Department's involvement, 19 Maintenance, the whole bit. There's a whole raft of things 20 that we've covered so far, and all these things are under way 21 right now to accomplish. 22 COMMISSIONER LETZ: And the bottom line is that 23 this saves Kerr County, and thereby the taxpayers, about 24 $80,000, $85,000 a year -- 80 to 85, somewhere in there, 25 $80,000 a year on what we're currently paying. 6-14-10 128 1 COMMISSIONER WILLIAMS: Actually, it's going to be 2 more than that. If you consider what we have laid out this 3 year and what we anticipate lying out next year, it's going 4 to be closer to $150,000. 5 COMMISSIONER LETZ: 150,000. 6 COMMISSIONER BALDWIN: Saving from what we've done 7 last -- or done in the past? 8 COMMISSIONER LETZ: Right. 9 COMMISSIONER BALDWIN: Doesn't necessarily mean 10 that it's going to create any kind of income or anything like 11 that, new income from out there. 12 COMMISSIONER WILLIAMS: No, not this. 13 COMMISSIONER BALDWIN: Does it have any -- does the 14 airport have any income? 15 COMMISSIONER WILLIAMS: Oh, yeah. Yeah. Our 16 obligation is only to underwrite the deficit, not the entire 17 operation. There's a quarter of a million dollars or more 18 that comes in the airport every year from revenues that's 19 generated by the properties out there. 20 COMMISSIONER OEHLER: I'm looking for the day 21 whenever we get it back to a -- a wash like it used to be. 22 COMMISSIONER WILLIAMS: That's the goal. 23 COMMISSIONER LETZ: This is a huge step up from 24 where we've been. 25 COMMISSIONER OEHLER: Definitely. We've got the 6-14-10 129 1 City not providing services that we have to pay for any more; 2 we really may save. 3 COMMISSIONER WILLIAMS: So I'm not sure how we want 4 to proceed, but the Court needs to know that there will be 5 personnel hired in advance. And they'll at least be on board 6 a month in advance, maybe a little bit longer, depending on 7 what the Airport Manager believes is an adequate training 8 period. And all the other things that are ongoing, 9 Ms. Hargis has all her financial things and budgetary issues 10 under way. I.T., I'm not sure where he is, but it's entering 11 that -- communications and so forth, all those things. 12 COMMISSIONER LETZ: We visited with I.T., John 13 Trolinger, as well, and he's aware and he's going to copy the 14 web site that the City's currently maintaining, put it out 15 there and getting the cell phones worked out for being out 16 there and all the phone system and things of that nature. 17 There will be a big improvement, actually, because Hill 18 Country Co-op has a fiberoptic line that's very close to the 19 terminal out there and that will greatly enhance their whole 20 computer system at the airport. 21 COMMISSIONER WILLIAMS: Hill Country Telephone has 22 got -- I guess their closest line is at Johnson Drive and 23 Airport Loop, which is a stone's throw to the terminal. Now, 24 I gave Tim -- Mr. Bollier a big list of things that we 25 identified that need to be done, and he got on his horse and 6-14-10 130 1 he went shopping the other day. 2 COMMISSIONER LETZ: Before we get to those, Bill 3 mentioned it twice, but I want to mention it again, because 4 there's a budget impact this year that we have not budgeted 5 for, and that's going to be about a month's salary for two 6 employees. 'Cause, you know, we need to have the people on 7 board and trained out there and working so they're ready to 8 go October 1st. And there's also going to be the equipment 9 that Tim's talking about; we have to have that purchased 10 prior to the budget year, and I don't know how Ms. Hargis 11 can -- equipment, a lot of those are capital items. I don't 12 know if she can -- how that works. 13 COMMISSIONER BALDWIN: Are these the same two 14 employees that you were talking about a while ago? 15 COMMISSIONER LETZ: Right. 16 COMMISSIONER BALDWIN: So, they're going to be -- 17 we're going to pay for them for a couple of months, and then 18 what happens? 19 COMMISSIONER LETZ: For one month. 20 COMMISSIONER WILLIAMS: Four to six weeks at the 21 most. 22 COMMISSIONER LETZ: We'll budget for them for next 23 year. We haven't budgeted for them for this year. We're 24 going to have one month out of this budget year. 25 COMMISSIONER BALDWIN: I see what you're saying. 6-14-10 131 1 COMMISSIONER LETZ: We're going to have to find 2 that little bit of additional money, which is not a budgeted 3 item right now. 4 COMMISSIONER BALDWIN: Is the board going to hire a 5 court reporter? 6 COMMISSIONER WILLIAMS: That's part of the 7 interlocal, yes. 8 COMMISSIONER LETZ: We provide -- and they're 9 working on -- 10 COMMISSIONER BALDWIN: The board's going to hire 11 that person and pay that person? 12 COMMISSIONER LETZ: It's -- no. 13 COMMISSIONER WILLIAMS: It's our -- 14 COMMISSIONER LETZ: Kathy Banik, we're working with 15 her scheduling to have her provide those services. Hopefully 16 Kathy will do it. 17 COMMISSIONER BALDWIN: And, like, as an example -- 18 well, I tell you, you're going to run into a storm. For 19 example, today. You have an airport meeting at 3:00 -- 20 COMMISSIONER WILLIAMS: They're going to change 21 that. 22 COMMISSIONER BALDWIN: Airport meeting at 3:00, and 23 she's going to be sitting right there, so how are you going 24 to do that? 25 COMMISSIONER WILLIAMS: We've got her available 6-14-10 132 1 dates when her time is not conflicted, and we've asked them 2 to consider moving their board meeting. 3 COMMISSIONER BALDWIN: Why don't you have the board 4 to hire their own person, and don't worry about that? 5 COMMISSIONER LETZ: Then we pay for it. 6 COMMISSIONER OEHLER: Then we have to pay for it. 7 COMMISSIONER BALDWIN: We're going to pay for it 8 anyway, but why doesn't the board pay for it? 9 COMMISSIONER OEHLER: We have another one. 10 COMMISSIONER LETZ: I mean, it's just -- if it gets 11 to the point that Ms. Banik can't do it, yeah, we'll have to 12 hire someone. Because, I mean, the County pays for all the 13 services; they don't have any independent money. 14 COMMISSIONER BALDWIN: Yeah, okay. Okay. I'm 15 sorry to interrupt you, Bill. 16 COMMISSIONER WILLIAMS: That's okay. 17 COMMISSIONER BALDWIN: I'm not getting smart with 18 you. Yet. 19 COMMISSIONER WILLIAMS: It's coming, though. 20 COMMISSIONER BALDWIN: Yeah. 21 COMMISSIONER WILLIAMS: All right, Tim. 22 MR. BOLLIER: Okay. I have -- that list of tools 23 that I have given to you came from Ranchers out off of 27 up 24 by Ingram. If you'll look on there, you'll see that Mr. Bill 25 gave me -- Commissioner Bill give me this list of a blower -- 6-14-10 133 1 he needed a blower, chain saw, trailer. The trailer is not 2 on that list; I went to Back 40 for that. I have a different 3 pricing on that. You got high-wheel trimmers, Honda 4 self-propelled walk-behind mowers, pole saw, riding 5 lawnmower, weedeaters, the tractor on there, a 40-horse 6 tractor on there with a 6-foot shredder and a bucket on it, 7 and that's a Bobcat. That comes from Bobcat. And when I was 8 looking at all this and I saw that tractor, I went out there 9 and I was talking to these guys. I thought that was a pretty 10 good idea, because on that tractor on the front, you can put 11 on all kind of attachments. It works just like a skid 12 loader. You can put forks on it; you can put anything on it 13 that you can imagine. Anything. And it's a 40-horse 14 tractor, and I believe the price on that tractor was 24 -- a 15 little over 24, and then there's a riding lawnmower down 16 there, a 54- inch cut, for sixty -- what is it, 69 or 66? 17 And then all the other stuff that I added in is one -- just 18 as a basic package deal with those guys. The total price was 19 $33,978. 20 MS. HYDE: Wow. 21 MR. BOLLIER: I thought it was pretty good. I 22 thought it was an awful good price. 23 COMMISSIONER WILLIAMS: What's this number at the 24 bottom that says 24,000? 25 MR. BOLLIER: That's just for the tractor, sir. 6-14-10 134 1 COMMISSIONER WILLIAMS: That's just the tractor? 2 MR. BOLLIER: Yes, sir. 3 COMMISSIONER LETZ: The -- 4 JUDGE TINLEY: My understanding was that the -- the 5 mowing was a separate budget item in the airport's budget. 6 COMMISSIONER LETZ: That's the mowing -- 7 JUDGE TINLEY: By separate contract. 8 COMMISSIONER LETZ: The mowing of the large 9 acreage, which is 400 acres out there, I think is under a 10 separate contract that is -- that's -- but all of the 11 mowing -- this mowing around the buildings and mowing right 12 along the runways is not part of that contract. 13 COMMISSIONER WILLIAMS: And around the lights. 14 COMMISSIONER LETZ: Around the lights. The reason 15 for the tractor is that they've got to keep the weeds and the 16 Johnson grass and stuff right next to the runway lower than 17 they do the rest of it, and they have to do that about every 18 two weeks. And they only mow the whole property about four 19 times a year -- you know, three to five, depending on how wet 20 the year is. They originally -- at first, they really talked 21 about more of a lawnmower, two lawnmowers. Makes a whole lot 22 more sense to me on usage and wear and tear to get a small 23 tractor with a shredder on it that they can do a whole lot of 24 this work with, and save the lawnmowers for their other 25 areas. They would be happy -- or I think, you know, it may 6-14-10 135 1 work to go with a used one. I don't know if Tim's looked at 2 used, but the -- you know, this price is pretty reasonable 3 for a new one, too. When you get with a -- get the warranty 4 and all that, I mean, might make good sense to get that one. 5 MR. BOLLIER: I also went as far they have a bigger 6 riding lawnmower that's just a little over 10 grand. It's a 7 72-inch cut. Now, then, the -- when Commissioner Williams 8 asked me to -- you know, to check on the tractor, because he 9 thought that, you know, they may have some materials or 10 something that may need to be moved around. Well, if you 11 didn't need the tractor, I believe that the two -- that you 12 could honestly get you one of these 54-inch cuts and 72-inch 13 cut, do all the cutting you want to do. 'Cause I have two 14 big John Deeres at the barn that's 54-inch cuts. I can cut 15 -- I can cut a lot more than what you you're going to cut 16 with that tractor and that shredder in one day. 17 COMMISSIONER LETZ: That might be the way to go, 18 then. The purpose of the tractor -- they need a lawnmower 19 that's capable of running, you know, basically the footage of 20 the perimeter of the runways, 6, 12 -- 15,000 feet, you know, 21 'cause it's one pass. So, I mean, it's -- you know, it's 22 more than a normal riding lawnmower that you're going to want 23 to ride 3 miles down, but it doesn't have to be a tractor 24 necessarily. It's -- 25 COMMISSIONER OEHLER: If you're cutting -- if 6-14-10 136 1 you're cutting with a 72-inch, that's getting more than that 2 little mower, that little shredder behind the tractor. It's 3 only a 5-foot, probably. 4 COMMISSIONER LETZ: Yeah. So, you know, that -- I 5 mean, that -- 6 MR. BOLLIER: Not even quite 5 foot. 7 COMMISSIONER OEHLER: Not going to cut it near as 8 pretty, either. 9 MR. BOLLIER: Once you get on those riding 10 lawnmowers, it's going to make it look good, not just going 11 to -- I call it a hack job, 'cause it just hacks it, throws 12 it down. There's nothing cut even. I mean, you never know 13 what the shredder's going to leave behind. 14 COMMISSIONER LETZ: The other point of that is that 15 the lawnmower with direction shoots the material away from 16 the runway. With the shredder, you never know where it's 17 going. 18 COMMISSIONER WILLIAMS: The idea of a tractor came 19 out of the discussion that Commissioner Letz and I had with 20 Bruce McKenzie, but, you know, we're not hooked into that if 21 there's a better solution. 22 COMMISSIONER LETZ: Yeah. I defer to Tim, because 23 the -- I mean, the problem is mowing the length of, you know, 24 3 miles or so of runways every couple weeks. If it's -- if 25 that's better done with a big lawnmower, that's fine. 6-14-10 137 1 Because they're getting a pickup to haul things around; the 2 tractor shouldn't be needed for that. And if they need a 3 tractor like that, Road and Bridge has one they can loan them 4 every once in a while, or you have a skid steer. No reason 5 to get more equipment than we need. 6 MR. BOLLIER: You can get -- like I said, I believe 7 the price on the big 72-inch was just a little over $10,000, 8 for the big one. 9 COMMISSIONER LETZ: I think that might be the way 10 to go. And that would get -- 11 MR. BOLLIER: You might want to go with a 54-inch 12 cut, one 54-inch cut and one big 72-inch cut. 13 COMMISSIONER WILLIAMS: What do you think? 14 COMMISSIONER LETZ: I think it's -- you know, I'd 15 let -- you know, I'll defer to Tim, 'cause he deals with this 16 mowing a whole lot more than I do. 17 MR. BOLLIER: All my guys like the riding lawnmower 18 a lot more than they like riding on a tractor. 19 COMMISSIONER LETZ: This is like a zero-turn? 20 MR. BOLLIER: Yes, sir, it's zero-turn. That's 21 what they are, zero-turn. 22 COMMISSIONER LETZ: You can go around these lights 23 real quick with that. No backing up and stopping. 24 COMMISSIONER OEHLER: Yeah. If you keep that a 25 little over the side on doing those lights, you don't have to 6-14-10 138 1 do as much weedeating either, if that's legal. 2 MR. BOLLIER: With that tractor, you're not going 3 to get around those lights. 4 COMMISSIONER WILLIAMS: What do you estimate the 5 cost to be, Tim, by changing it? 6 MR. BOLLIER: If I change it, I can see the -- 7 we'll be saving probably a little over -- 8 COMMISSIONER LETZ: 10,000. 9 MR. BOLLIER: Right at $10,000. I don't believe it 10 will be quite 10; be somewhere around $8,500, just doing the 11 calculation in my mind. 12 COMMISSIONER WILLIAMS: I think you ought to go out 13 and get a new quote. There also is a pickup truck -- we need 14 a pickup truck. 15 MR. BOLLIER: I got a pickup quote -- what did I do 16 with it? -- pickup quote from Ken Stoepel Ford. White 17 pickup, F-150, four-door. It's the same price we paid for 18 those down in the Maintenance Department, $21,982. 19 COMMISSIONER WILLIAMS: For the Court's benefit, 20 there is one truck out there that the Airport Board bought 21 for the Airport Manager right after we moved -- the 22 interlocal agreement was signed, you know, setting him up 23 independently. And what they did, though, they -- pretty 24 much on the cheap, they bought a two-door. And it turns out 25 over time, you know, that Mr. McKenzie has many 6-14-10 139 1 opportunities, I guess, or obligations to take people out to 2 the ramped aircraft, and he can only get one or two people in 3 the front seat. He needs more -- more space. So, the 4 thought was we would get a crew cab, basically, and give that 5 to the Airport Manager for his use up front, and take that 6 pickup that he currently has and put it in the Maintenance 7 Department. 8 MR. BOLLIER: And Mr. -- and Commissioner Bill also 9 asked me to look into a trailer big enough to -- to haul the 10 equipment with. 11 COMMISSIONER WILLIAMS: Doesn't have to be an 12 18-wheeler, Tim. 13 MR. BOLLIER: No, sir, but it's big enough. I look 14 -- you asked me for a landscape trailer. I have found an 15 18-by-7 out at Back 40, and it looks like this. Probably 16 going to be -- going to have a deal on the end, you know, 17 where they can store the weedeaters and stuff. 18 JUDGE TINLEY: Two axles? 19 MR. BOLLIER: Two axles. The price on it was 3550. 20 But it's an 18-by-7, 18 foot long by 7 foot wide. You're not 21 going to get two riding lawnmowers on it unless it's 18 foot 22 long. 23 MS. HYDE: They're going to carry them on the back 24 of the truck? 25 MR. BOLLIER: Yes, ma'am. 6-14-10 140 1 COMMISSIONER BALDWIN: They're going to carry it in 2 the back of the truck? 3 MR. BOLLIER: It's a tag-along trailer, yes. 4 COMMISSIONER WILLIAMS: So, we need -- can't do a 5 budget amendment quite yet, can we? 6 COMMISSIONER LETZ: No. We're looking at a total 7 of all that for, you know, at or less than we put in the 8 original estimate of 25,000 for all this stuff. So -- 9 COMMISSIONER WILLIAMS: Plus the pickup. 10 COMMISSIONER LETZ: Plus the pickup, which is a 11 lease. 12 MR. BOLLIER: You're looking at -- if we go with 13 the -- if we go to the two riding lawnmowers, you're looking 14 at cutting that 33,000 down to 23,000. 15 COMMISSIONER LETZ: 23. Then you add -- you don't 16 have the trailer in there? 17 MR. BOLLIER: Add it. With the trailer in there, 18 you can have -- let's just call it 27,000, 'cause it's going 19 to change; be right up there with it. 20 COMMISSIONER WILLIAMS: Why don't you get new 21 quotes? Then we'll come back, then we'll figure out when we 22 have to do a budget amendment. 23 COMMISSIONER LETZ: Also, we probably should -- I 24 mean, I think we need to get the quotes. What's the time 25 period for ordering the -- to have the stuff in our hands? 6-14-10 141 1 MR. BOLLIER: Johnny Cantwell out there told me 2 that they don't carry -- he doesn't have the big riding 3 lawnmower in stock, but it would take them about three days 4 to get it. 5 COMMISSIONER LETZ: So we really don't -- we don't 6 need any of this until middle of August. 7 COMMISSIONER WILLIAMS: Middle of August. 8 MR. BOLLIER: Okay. 9 COMMISSIONER LETZ: At that point we'll find out 10 where we have some money -- or give Ms. Hargis some time to 11 find some money. 12 COMMISSIONER WILLIAMS: Okay. Thank you, Tim. 13 COMMISSIONER LETZ: And during that interim, we can 14 work on the interlocal agreement. And this list, we can 15 provide to the Airport Manager. You know, want to make sure 16 that he signs off on it before we purchase it. I think that 17 it's his decision, not ours. 18 COMMISSIONER WILLIAMS: One other little footnote. 19 The interlocal agreement, or the agreement between 20 Commissioners Court and the Airport Board was a topic of 21 discussion, but Mr. Henneke is going to do the draft of that 22 agreement, since it is a county agreement with the Airport 23 Board for services to be rendered. So, we'll see that later. 24 MR. HENNEKE: It's in the works. 25 JUDGE TINLEY: Okay, folks. Looks like we still 6-14-10 142 1 got a ways to go. Why don't we adjourn -- not adjourn, 2 recess until 2 o'clock. Come back at 2:00, and we'll finish 3 it up. 4 (Recess taken from 12:21 p.m. to 2:05 p.m.) 5 - - - - - - - - - - 6 JUDGE TINLEY: Okay. Let's come back to order, if 7 we might. We were in recess. Let me go back to -- 8 COMMISSIONER OEHLER: Almost need an index on this 9 agenda. 10 JUDGE TINLEY: Mm-hmm. Item 19, to consider, 11 discuss, take appropriate action to -- concerning approval of 12 bid by Guardian Security for security camera system for Kerr 13 County Sheriff's Annex. That was the one that we had 14 questions about whether it needed to be bid or whether or not 15 it -- it was single source. As it turns out, we've skirted 16 all those issues, because Guardian Security Services is a Buy 17 Board company. 18 COMMISSIONER WILLIAMS: Is a what? 19 JUDGE TINLEY: Buy Board. Through Buy Board. 20 COMMISSIONER WILLIAMS: Okay. 21 JUDGE TINLEY: So that takes it out of the mix. 22 COMMISSIONER LETZ: So, we need -- 23 COMMISSIONER OEHLER: To approve the -- 24 COMMISSIONER BALDWIN: 40,407. 25 COMMISSIONER LETZ: I approve -- I approve the 6-14-10 143 1 purchase from Guardian Security of the security camera system 2 for Kerr County Sheriff's Annex in the amount of $40,107 3 dollars, and as a Buy Board purchase. 4 COMMISSIONER BALDWIN: 107? 5 COMMISSIONER LETZ: 107. 6 COMMISSIONER BALDWIN: 407. 7 MR. BARTON: 40,407. 8 COMMISSIONER LETZ: 407, sorry. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: I have a motion and second as 11 indicated. Further question or discussion on that motion? 12 All in favor of the motion, signify by raising your right 13 hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: That motion does carry. Now, let's 18 see if we can get back to where we were. Item 32 is to 19 consider, discuss, take appropriate action to reject the 20 Rubio Construction bid for sewer construction improvements, 21 Phase IV, Kerrville South Wastewater Project, due to lack of 22 available grant funds under Texas Community Development Block 23 Grant Contract Number 728065. Commissioner Williams? 24 COMMISSIONER WILLIAMS: Yes, sir. Got another -- 25 the Rubio bid came in at four hundred and -- I've got it 6-14-10 144 1 here; just a second. I want to say 81, but I'm not sure. 2 Too much Kerrville South. 3 COMMISSIONER OEHLER: Buster didn't think so. 4 COMMISSIONER WILLIAMS: I think it was 481,000. 5 The bottom line is that we have 359,000 left to work with, 6 and so we're not going to be able to accomplish everything 7 that we wanted to accomplish, and it's going to require a 8 rebid. The elements that we had in there before, as you may 9 recall, was the Ranchero Road properties on the -- from 16 10 down to Mini-Mart there, on down to Ripplewood. I think 11 there's eight properties there, eight or nine. And then the 12 Southwind Mobile Home Park, which has a significant number of 13 recipients in it, which is good. And the other element which 14 is an alternate bid was to move up Quail Valley from the lift 15 station and catch a couple more homes on Quail Valley to 16 satisfy the number of recipients that we have to have. The 17 grant -- the grant terms require us to serve at least 39 18 people with this grant. Right now, with the Southwind, and 19 not having the Ranchero piece in because of the extra expense 20 involved, for the time being we're at 32 recipients, and we 21 need 39. We can accomplish that by backing up a little bit 22 on Quail Valley, picking up a couple more homes, which will 23 give us seven or eight more recipients, and that takes away 24 the problem of not satisfying the grant. The biggest bid was 25 481,144, and that came in considerably over the -- about 6-14-10 145 1 $40,000 over the engineer's estimate. So, what I'm asking to 2 do, first of all, is to reject the Rubio bid, get rid of that 3 and go back to the drawing board. And, Judge, can you call 4 the next one at the same time, please? 5 JUDGE TINLEY: Okay. The Court'll call Cause 6 Number 33; to consider, discuss, and take appropriate action 7 to authorize project engineer to modify plans and 8 specifications and rebid contract for sewer improvements in 9 Kerrville South Wastewater Phase IV under Community 10 Development Block Grant Contract Number 728065. 11 COMMISSIONER WILLIAMS: So, I want to reject 12 Rubio's bid, and then the engineer will take a look at the 13 plans one more time, and the base bid then will be for 14 Southwind Mobile Home Park; we'll pick all that up, as we've 15 been wanting to do for some time, and the alternate bid would 16 be essentially, if necessary, come back up Quail Valley two 17 or three houses, pick up the necessary number of recipients 18 to qualify so as not to impede the grant. So, that's the 19 sense of what we're doing. And we think that if we get some 20 decent bids, or more than one, maybe this time we'll be able 21 to pull it off. 22 COMMISSIONER BALDWIN: Bill, the -- not too long 23 ago, in regards to the Southwind Mobile Home Park, -- 24 COMMISSIONER WILLIAMS: Yes, sir? 25 COMMISSIONER BALDWIN: -- we had -- we're having a 6-14-10 146 1 hard time getting the owner to sign off on it. 2 COMMISSIONER WILLIAMS: Southwind's good. He's 3 fine. 4 COMMISSIONER BALDWIN: Everything's cool? 5 COMMISSIONER WILLIAMS: Yeah, he's fine. 6 COMMISSIONER BALDWIN: He's in California, I think, 7 wasn't he? 8 COMMISSIONER WILLIAMS: No. No, you're thinking 9 about Oak Grove. You're thinking about Oak Grove. 10 COMMISSIONER BALDWIN: Well, once you get 11 California in your mind, it's just -- everything just blurs 12 anyway. 13 COMMISSIONER WILLIAMS: No. Ken Staggs is the 14 owner of Southwind. He's been very, very cooperative from 15 the very beginning. 16 COMMISSIONER BALDWIN: Okay, very good. 17 COMMISSIONER WILLIAMS: You're thinking about 18 the -- the owner from San Clemente, California, who had 19 purchased the Oak Grove Mobile Home Park. And suffice it to 20 say, our relationship with him was not conducive. Was that 21 diplomatic enough? 22 COMMISSIONER OEHLER: That's way more diplomatic 23 than Precinct 4 would have been. 24 COMMISSIONER WILLIAMS: So, with the Court's 25 permission, I would move that, first of all, we reject the 6-14-10 147 1 Rubio bid for $481,144. 481,144. 2 COMMISSIONER BALDWIN: I second that motion. 3 JUDGE TINLEY: Motion made and seconded as 4 indicated. Question or discussion on the motion? All in 5 favor of the motion, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: The motion does carry. 10 COMMISSIONER WILLIAMS: And on the next one, I 11 would ask the Court to give authority for the engineer to 12 redesign the bid specs and so forth, placing the Southwind 13 Mobile Home Park as the base bid, and anything we need extra 14 to accommodate the extra sewer hookups would be on Quail 15 Valley. 16 COMMISSIONER BALDWIN: I second that motion. 17 JUDGE TINLEY: Motion made and seconded as 18 indicated. Question or discussion on that motion? All in 19 favor of the motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. 24 COMMISSIONER WILLIAMS: Thank you, Judge. 25 JUDGE TINLEY: Okay. Now we'll move to Item 34; 6-14-10 148 1 consider, discuss, take appropriate action on Change Order 2 Number 2, contract with Kendnel Kasper Construction on Kerr 3 County Sheriff's Annex/Adult Probation building project. 4 This was put on to accommodate some add-ons that are needed 5 out there, some of which were required by the City, primarily 6 the fire marshal, as I recall. And then some additional 7 concrete work that was needing to be done, or modifications 8 to concrete work that falls under the -- under the site work 9 portion that Road and Bridge is doing, and they don't have 10 the capacity to do. And then we added some extra conduits in 11 order to pass some more -- be able to install additional 12 lines of any particular type that we may want between the 13 Sheriff's Office and this building, looking down the road 14 with data transmission lines, telephone trunks, things of 15 that nature, looking at -- maybe down the road at some sort 16 of joint dispatch or data transmission, or an educational 17 center out there in the middle of the building. Whatever 18 purpose that may be needed, it's a whole lot cheaper to do it 19 now than it would be to go back in there and cut that thing 20 up and put those lines back underneath that concrete roadway. 21 The -- these have been reviewed by the architect, each and 22 every one, at a total additional cost of $14,462.03 for all 23 of the 1 through 9 proposals for the additional work. 24 COMMISSIONER BALDWIN: Let me see, 14 -- what is 25 it, 14,462.03? 6-14-10 149 1 JUDGE TINLEY: Mm-hmm. 2 COMMISSIONER BALDWIN: Yeah. Judge, I went into a 3 deep coma here awhile back, and -- 4 COMMISSIONER WILLIAMS: Again? 5 COMMISSIONER BALDWIN: Yeah. And I'm just now 6 coming out of it. And I -- I'm not going to ask this 7 question, but if I were, the question would be, where do we 8 get the 14 grand? Where is that? 9 JUDGE TINLEY: It's in the capital -- 10 COMMISSIONER BALDWIN: In the same pot? 11 JUDGE TINLEY: Mm-hmm. And don't ask me what a 12 Knox box is. 13 COMMISSIONER BALDWIN: I'm not going to. I saw 14 that on there. 15 JUDGE TINLEY: Yeah, something to do with the fire 16 marshal. 17 COMMISSIONER OEHLER: I thought it was something to 18 do with interrogation. 19 COMMISSIONER BALDWIN: Oh, that's water-boarding. 20 JUDGE TINLEY: Yeah. 21 COMMISSIONER BALDWIN: See, the -- 22 MS. HARGIS: Jell-O. 23 COMMISSIONER BALDWIN: Jell-O. So, basically, this 24 $14,000 was -- I mean, us old country boys, we just build a 25 building out there and function and go on. But the fire 6-14-10 150 1 marshal's gotten involved, and we're coming up with 14,000 2 more dollars. Can I say that? 3 JUDGE TINLEY: Mm-hmm. Yeah. 4 COMMISSIONER BALDWIN: Thank you. Looks like the 5 fire marshal's cost us 14 -- 6 COMMISSIONER OEHLER: Are we going to have another 7 fire station out there? 8 JUDGE TINLEY: We've almost got one. We got our 9 own fireplug now. 10 COMMISSIONER WILLIAMS: If we get it close enough 11 to the airport, we can use it for the airport. 12 JUDGE TINLEY: Making some headway here. 13 COMMISSIONER WILLIAMS: Couldn't miss that one. 14 COMMISSIONER BALDWIN: Touché. Well, I move that 15 we do whatever the item asks for. 16 JUDGE TINLEY: That we approve Change Order Number 17 2? 18 COMMISSIONER BALDWIN: That's it, yes, sir. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: We have a motion and a second to 22 approve the Change Order Number 2. Question or discussion on 23 the motion? All in favor of the motion, signify by raising 24 your right hand. 25 (The motion carried by unanimous vote.) 6-14-10 151 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. That takes 4 us to Item 35; to consider, discuss, take appropriate action 5 to adopt a resolution in support of Hill Country Telephone 6 Cooperative in its efforts to provide local calling services 7 throughout its entire service area. Commissioner Williams 8 again. 9 COMMISSIONER WILLIAMS: Thank you, Judge. I had a 10 telephone call from one of my constituents who's on the board 11 of the Hill Country Telephone Co-op -- Amy, are you here? 12 Yes, you're here. Come up to the podium, please, if you 13 will. And the whole idea was that Hill Country Telephone is 14 contemplating, I guess, a petition to the Public Utilities 15 Commission to basically eliminate any toll calls for its 16 users within its 15-county service area. 17 MS. FAIRCHILD: Yes, sir. 18 COMMISSIONER WILLIAMS: Or is that 15 -- 15 19 exchanges? 20 MS. FAIRCHILD: 15 exchanges, 14 -- 21 COMMISSIONER WILLIAMS: Fourteen counties. And so 22 in order to facilitate their doing this and eliminate 23 these -- these local surcharges on local -- surcharges on 24 local calls, it's necessary for us to weigh in, say we think 25 it's a good idea, and -- and name people who will be a 6-14-10 152 1 primary contact. Is that correct, Amy? 2 MS. FAIRCHILD: Yes. I believe they're calling it 3 a designated representative, so it's just something that will 4 speak -- 5 COMMISSIONER WILLIAMS: A designated 6 representative. And so what the resolution does is say we 7 like the idea; people should not have to have tolls on their 8 calls. And it names Commissioner Oehler and Commissioner 9 Letz and yours truly to be the designated representatives. 10 COMMISSIONER LETZ: Why not him? 11 COMMISSIONER BALDWIN: Yeah. I'm voting no on this 12 thing. 13 COMMISSIONER WILLIAMS: He doesn't have an exchange 14 in his precinct -- one of these exchanges. 15 COMMISSIONER BALDWIN: That's no excuse, Bill. 16 COMMISSIONER WILLIAMS: Okay, we'll add you, 17 Buster. I don't want you to have your feelings hurt. 18 COMMISSIONER BALDWIN: All right, no. No, that 19 airport's going down. (Laughter.) 20 COMMISSIONER WILLIAMS: So, anything we missed, 21 Amy? 22 MS. FAIRCHILD: No, that's pretty much covered it. 23 COMMISSIONER WILLIAMS: Move approval of the 24 resolution. 25 COMMISSIONER OEHLER: Second. 6-14-10 153 1 COMMISSIONER LETZ: Second -- third. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the resolution. Question or discussion on the 4 motion? 5 COMMISSIONER BALDWIN: Um -- 6 JUDGE TINLEY: All in favor of the motion, signify 7 by raising your right hand. 8 COMMISSIONER BALDWIN: Guess not. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 COMMISSIONER WILLIAMS: We'll get you a copy. 13 COMMISSIONER LETZ: Is there a good chance of this 14 going through? 15 JUDGE TINLEY: Motion carries. 16 MS. FAIRCHILD: It looks like there will be, yes. 17 We've been working on this for a while. We finally got some 18 support that looks very good for us. 19 COMMISSIONER LETZ: Good. 20 MS. FAIRCHILD: It'll be a little while, but we're 21 working on it. 22 COMMISSIONER OEHLER: Sure be nice, 'cause I don't 23 know -- when I moved to Kerr County back in -- back to Kerr 24 County, it was long distance from Mountain Home to Kerrville 25 for years. 6-14-10 154 1 COMMISSIONER LETZ: Long distance from Comfort to 2 Kerrville now. 3 COMMISSIONER OEHLER: Still long distance to Center 4 Point from Mountain Home. 5 MS. PIEPER: From Center Point to Kerrville, it's 6 not long distance any more. 7 COMMISSIONER LETZ: He said Mountain Home to Center 8 Point. I'm -- a lot of people in a lot of our exchanges are 9 pretty -- 10 COMMISSIONER BALDWIN: So we'll be able to call 11 Katemcy? 12 MS. FAIRCHILD: Yes, sir. 13 COMMISSIONER BALDWIN: Or Fredonia? 14 MS. FAIRCHILD: Fredonia, Katemcy, Pontatoc, yes. 15 COMMISSIONER BALDWIN: Pontotoc. Be able to call 16 Pontotoc free? 17 MS. FAIRCHILD: That's our goal. Local. 18 COMMISSIONER OEHLER: Leakey. 19 COMMISSIONER WILLIAMS: This is a biggie. 20 COMMISSIONER LETZ: This is big. 21 COMMISSIONER BALDWIN: This is big. This is a big 22 deal. 23 COMMISSIONER OEHLER: Just tie that part in the 24 middle together with all that; it will be wonderful. 25 COMMISSIONER WILLIAMS: We could name Commissioner 6-14-10 155 1 Baldwin as an alternate in case we all get sick. 2 COMMISSIONER BALDWIN: I may need your help before 3 this thing's over. 4 COMMISSIONER WILLIAMS: Thank you, Amy. Thanks for 5 coming. We'll send you a copy. 6 MS. FAIRCHILD: Great. Thank you, gentlemen. 7 JUDGE TINLEY: Okay. We will now go to Item 36; 8 consider, discuss, take appropriate action to notify T.W.D.B. 9 of our intention to request a 90-day extension of Grant 10 Agreement Number G090003 set to expire on August 31st, 2010. 11 COMMISSIONER WILLIAMS: Last week, at the 12 conclusion of all my Kerrville South meetings and so forth 13 and so on, while the Judge was out of town, I was using the 14 courtroom here and in a meeting with the engineers on the 15 Center Point project, and Jody handed me an e-mail which came 16 from Texas Water Development Board, in effect saying that our 17 records indicate that the grant agreement between Kerr County 18 and Texas Water Development Board expires the end of August 19 of this year, and please respond to the attached notification 20 if an extension is necessary. We talked it out very 21 carefully, 'cause there are a lot of things happening. And 22 while I don't particularly like the idea of asking for 23 another extension, I'm not too troubled by a 90-day 24 extension, because most of the delays that we've encountered 25 in terms of submission of the -- of the, to-date, three 6-14-10 156 1 elements of planning that are under this particular grant, 2 the fourth one is forthcoming, the delay has not been on our 3 part. Some, but not all. A lot of it has been in the review 4 process and getting the comments back. 5 So, in order to wind this up, get Section D in 6 place and comments back, get the environmental under way, and 7 we'll talk about that in a second, we seem to think it would 8 make good sense if we asked for -- and they're giving us the 9 window to do that -- a 90-day extension of this particular 10 grant agreement, and then that should wrap up this particular 11 section of mapping. And then the next thing to come down the 12 line will be, after -- after the Subsection D is completed, 13 then we will be entertaining a new application to Water 14 Development Board for the next level of planning for the 15 sewer system. So, what this amounts to is asking the 16 authority to send a letter, and to request a 90-day extension 17 of the grant agreement as identified. 18 COMMISSIONER LETZ: Have we requested an extension 19 previously? 20 COMMISSIONER WILLIAMS: We asked for a year, and 21 got it. Yeah, we did. And this is up on August 31st. And 22 we could force the issue, but with the environmental going on 23 right now, maybe Ray -- Ray, come to the podium, and you can 24 talk a little bit about this. One of the things that's very 25 important to the project is that the Texas Department of 6-14-10 157 1 Health Services finds -- gives us a nuisance finding in the 2 proposed service area. That elevates our opportunity for 3 additional grant moneys, and it's just very necessary. We 4 knew they were going to hit the road over there and begin 5 their survey and investigation, and our Environmental Health 6 Department has done a magnificent job in preparing all sorts 7 of stuff that would be helpful to them in this -- this 8 particular investigation. What they didn't tell us was when 9 they're going to start, and all of a sudden, they show up 10 over there and they're poking around in people's yards and 11 they're going back in the back and they're asking to take 12 pictures of septics and so forth, and it's -- the whole 13 community's excited as to what Big Brother's doing now and so 14 forth. So, I asked Ray to look into it to be sure that 15 that's what was going on, and he did, and he -- we did 16 confirm that that's what's happening. Right, Ray? 17 MR. GARCIA: Yes. In fact, that's what was 18 happening. Also, one of the other problems with that, with 19 their nuisance fact finding that was going on in Center 20 Point, they were overlapping with the census people, so they 21 were meeting with twice the resistance of people letting them 22 come into their properties and get the information needed for 23 this grant. But since, talked to the inspector, the state 24 health inspector that's out there with their people, and we 25 straightened out a few things. She called in to the 6-14-10 158 1 Sheriff's Office and -- because the Sheriff and ourselves, we 2 had some complaints that there were people out there asking 3 around, getting -- asking for information for their septic 4 systems, which they thought it was the county. But once we 5 figured all this out, then we figured that they did get 6 started, like Commissioner Williams said. We pretty much 7 found out that the other problem was that the census was 8 going up to certain addresses, certain residences, and then 9 here comes the State Health Department right in back of them, 10 so they were getting hit twice, and it was a bad feeling all 11 the way around, so we can didn't get much cooperation on 12 that. But she says now they're trying to split their -- 13 split Center Point up, and hopefully -- we haven't received 14 any complaints as of yet. But we offered help to help her 15 or, you know, if the residents had any problems or concerns, 16 that they could call us and we would reassure them that 17 that's what they were doing for part of this grant. 18 COMMISSIONER WILLIAMS: You know, part of the 19 problem is not properly identifying yourself when you're 20 coming into somebody's home, on their property or in their 21 yard, and telling them why you're there and doing it the 22 right way. And that has happened. In the discussion we had 23 the other day with the engineers and with our consulting 24 engineer, we talked about the need perhaps to have a 25 right-of-entry consent document prepared, and I have a draft 6-14-10 159 1 of that. I'm going to ask the County Attorney to take a look 2 at it so that people can be equipped, and if they need to 3 sign it and get them to sign off or whatever, we can do that. 4 So, did we do the extension yet or not, Judge? 5 COMMISSIONER LETZ: No. I will move -- have you 6 made a motion yet? I'll make a motion we approve the 7 extension -- or request an extension for 90 days. 8 COMMISSIONER WILLIAMS: I'll second it. 9 JUDGE TINLEY: Motion made and seconded for 10 approval of the agenda item. Question or discussion on that 11 motion? All in favor of the motion, signify by raising your 12 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. Let's go to 17 Item 37; consider, discuss, take appropriate action regarding 18 the occupancy of the new Sheriff's Annex-slash-Adult 19 Probation facility. Commissioner Baldwin. 20 COMMISSIONER BALDWIN: Thank you, Judge. I just -- 21 I've heard from a couple of folks, and we had talked about 22 previously, you know, the 216th Adult Probation and the 23 Sheriff -- of course, Sheriff's Office going in that 24 building, and then we have talked about -- you provided us a 25 letter from the 216th D.A. requesting office space, and 198th 6-14-10 160 1 Probation office is wanting to go in there, et cetera. And 2 it looks like to me -- I drove by there early this morning, 3 and it looks like to me that it's -- I mean, you're getting 4 close to getting that thing ready to move in -- not ready to 5 move into, but it's getting close. And it seems to me that 6 we need to be making a decision of what all's going to be 7 there, who's going to be in the thing. And so that's just -- 8 I think that we need to have that discussion and make some 9 decisions on exactly how it's going to work. Rusty mentioned 10 the other day a possibility of putting together a -- I'm not 11 talking about building a gym in there, but a little area to 12 work out -- work out, and for all county employees. And I 13 can see -- the program that he's talking about putting in 14 there, I have done before, and it's extremely beneficial to 15 all that do it. And I can see how the thing could maybe work 16 with our insurance program as a health issue. But, anyway, 17 just, you know, those kinds of things. I just think that we 18 need to talk about it and make some decisions. So, I have a 19 letter from the 198th Judge that sayeth -- that's Old 20 Testament talk, "sayeth." 21 COMMISSIONER WILLIAMS: What chapter? 22 COMMISSIONER BALDWIN: He has one employee, and 23 with the possibility of hiring another; two employees, 24 possibly moving them in there. And I'm just kind of -- you 25 know, I think we need -- it's time to make some decisions 6-14-10 161 1 about all that. What do you think? Anybody? Ray, what do 2 you think? 3 MR. GARCIA: I like the gym. 4 COMMISSIONER BALDWIN: He wants the gym. I want 5 the gym. 6 JUDGE TINLEY: The letter that you referred to, 7 what's the date of that letter? 8 COMMISSIONER BALDWIN: The D.A. or the Judge? 9 JUDGE TINLEY: No, from -- from the Judge. 10 COMMISSIONER BALDWIN: It is June 11th. That would 11 be three days ago. 12 JUDGE TINLEY: I don't recall having seen that, 13 but -- 14 COMMISSIONER BALDWIN: Well, it's a letter written 15 to me. 16 JUDGE TINLEY: Oh, okay. That's probably why I 17 didn't see it. 18 COMMISSIONER BALDWIN: He saw the agenda item on 19 here and wrote me a letter. 20 JUDGE TINLEY: Okay. Okay. Of course, the -- the 21 part that's being built out now is specifically being built 22 out, a portion of it for the Sheriff's C.I.D., narcotics 23 people. They did the planning up front. The other portion 24 that's being finished out is Adult Probation, and there was 25 participation by those folks in that. In the middle, there's 6-14-10 162 1 kind of a common area where we have a classroom, training 2 area, whatnot, common restrooms, common break area and so 3 forth to be utilized by both of those. Then on the east end, 4 there's 3,200 square feet that -- that is unfinished. It's 5 in the shell. The plumbing is still in a trough, to be 6 located wherever it's thought to be needed once the decision 7 is made on what else is going to go there. Now, with respect 8 to the probation -- 9 COMMISSIONER BALDWIN: 216th? 10 JUDGE TINLEY: No, I'm talking Adult Probation. 11 COMMISSIONER BALDWIN: As a whole? Okay. 12 JUDGE TINLEY: Yeah. Most of you know that back in 13 2003, for some reason or reasons, I guess, known only to him, 14 a former District Judge split off the 198th Probation into a 15 separate entity, which happens to be the only -- Kerr County 16 is the only county in the state of Texas with multiple 17 district courts that has more than one adult probation 18 department. We're the only county in the state. That 19 necessarily creates some issues, because the State interacts 20 only with the 216th; then there's got to be interaction 21 between the 216th and the 198th to bring them into the mix. 22 That's caused some issues, according to a meeting that I had 23 with Judge Williams and Jan, who's the acting director over 24 there. She's here today. Some of the issues are 25 administrative. Some of them are the financials. Some of 6-14-10 163 1 them are accounting issues to the State, both in terms of 2 finances and reports and so forth. So, it was my hope -- and 3 I communicated very, very directly to both District Judges 4 that I thought it was appropriate that since we're the only 5 black sheep in the state, that we can have one adult 6 probation office, one only for all of Kerr County. 7 I suppose under that theory, we could have three, 8 one for the County Court at Law, one for the -- you know, we 9 can fracture -- can you imagine what it would be in San 10 Antonio if every one of those district judges had their own? 11 And County Court at Law, for that matter, had their own 12 probation department. Wouldn't that be a Chinese fire drill? 13 But I -- as far back when they began requesting space from 14 216th -- I mean 198th, the 198th Probation folks wrote me on 15 March 10th asking for space -- asking for space, and I 16 advised that director that the portion for -- for Adult 17 Probation was essentially that. Then when -- when Judge 18 Emerson responded to that, that 198th was, in fact, a Kerr 19 County community supervision department, he would start 20 preparing his budget, presumably separately, I immediately 21 wrote to him with copies to the other judge and both 22 probation offices, and said my intention is to have a single 23 Kerr County adult probation department, not two different 24 adult probation departments, and then parenthetically 25 mentioned 198th and 216th in a single location. And then I 6-14-10 164 1 assume we're on the same page. This was subsequent to that. 2 I had a meeting with Keith Williams, and I've had meetings 3 with Judge Emerson. I feel like I've kind of been stacked on 4 this deal. I have, fortunately, been able to obtain a 5 meeting that's set for 8 o'clock Wednesday morning -- that's 6 this Wednesday -- when I hope to have some answers to these 7 issues. My intention here is, if possible, to unify these 8 probation offices to one Kerr County Adult Probation office. 9 COMMISSIONER BALDWIN: Boy, I have no problem with 10 that at all. Sounds like a smart thing to do for numerous 11 reasons. 12 JUDGE TINLEY: Well, Ms. Tucker mentioned some 13 issues that we had with trying to work through -- I'm way 14 behind, aren't I? 15 MS. DAVIS: That's okay. That's okay. It's Davis 16 now. 17 JUDGE TINLEY: Davis, yeah. That's what I was 18 speaking of. We can get rid of all those issues. We can get 19 in good standing with the State. 20 COMMISSIONER BALDWIN: We're not in good standing 21 with the State? 22 JUDGE TINLEY: Well, I don't think the State is 23 particularly pleased with -- with having two different adult 24 probation offices in Kerr County. But -- 25 COMMISSIONER WILLIAMS: That makes sense. 6-14-10 165 1 COMMISSIONER BALDWIN: So? So what? Well, I mean, 2 what does all that have to do with the 198th having two 3 offices out there? I don't -- are you going somewhere with 4 all this? Or -- 5 JUDGE TINLEY: Absolutely. Just like my letter to 6 Judge Emerson stated, I don't want a 198th probation office. 7 I don't want a 216th probation -- 8 COMMISSIONER BALDWIN: Get them consolidated, and 9 there they are. 10 JUDGE TINLEY: I want a Kerr County Adult Probation 11 office. 12 COMMISSIONER BALDWIN: So, you're holding out with 13 198th because you want them consolidated? 14 JUDGE TINLEY: You might say that. 15 COMMISSIONER BALDWIN: And so -- 16 JUDGE TINLEY: And you're saying what authority do 17 I have? 18 COMMISSIONER BALDWIN: No, I wasn't saying that at 19 all, but that's a great question. I'm glad you brought that 20 up. 21 JUDGE TINLEY: Yeah. 22 COMMISSIONER BALDWIN: No. But, I mean, if you're 23 going to get them consolidated -- which is a wonderful goal; 24 I agree with you -- then you have them all out there under 25 one roof to consolidate. 6-14-10 166 1 JUDGE TINLEY: That's my thinking. You gain some 2 efficiency, I would think. 3 COMMISSIONER WILLIAMS: Or you lose some 4 inefficiency. 5 COMMISSIONER BALDWIN: Yeah, maybe. 6 JUDGE TINLEY: Maybe both. 7 COMMISSIONER BALDWIN: I don't know. I'm not sure 8 what all you're talking about. I'm not into that power 9 thing. But -- 10 JUDGE TINLEY: Insofar as the space that has not 11 been built out, or is not intended to be built out, of 12 course, the D.A. -- 216th D.A. did write, and that was way 13 back in -- 14 COMMISSIONER OEHLER: Couple months ago. 15 COMMISSIONER BALDWIN: He wanted 3,000 square feet. 16 COMMISSIONER OEHLER: Yeah, he wanted exactly what 17 we had left out there. 18 JUDGE TINLEY: That was the middle of February, and 19 I've not talked to him since. I would think if he had a real 20 strong interest, he'd have been in here camping on the 21 carpet. 22 COMMISSIONER BALDWIN: Well, I would vote no to 23 give the 216th D.A. the rest of the building. I can tell you 24 right up front where I am on that. 25 JUDGE TINLEY: There's a good deal of space left. 6-14-10 167 1 It's configured where there could be separate offices there; 2 as far as that goes, two totally separate departments. Rusty 3 has mentioned the -- the workout area, I'm going to call it 4 for lack of a better term. Certainly, while it's there 5 unfinished, if somebody wants to go in there and just sweep 6 the concrete clean and do that sort of stuff -- 7 COMMISSIONER BALDWIN: Now, is that -- 8 JUDGE TINLEY: -- for an interim use -- 9 COMMISSIONER BALDWIN: Is that a part of the 10 meeting room? 11 JUDGE TINLEY: No. 12 COMMISSIONER BALDWIN: It's a separate area? 13 JUDGE TINLEY: The -- 14 COMMISSIONER BALDWIN: But it's part of the 3,000 15 feet that's under the roof? 16 JUDGE TINLEY: Yes. 17 COMMISSIONER BALDWIN: Unfinished. 18 JUDGE TINLEY: Yes. It's on the east end. 19 COMMISSIONER BALDWIN: Okay. I don't know -- okay. 20 JUDGE TINLEY: And it's -- the three areas that I 21 talked about, the Sheriff's Office C.I.D. and narcotics 22 people are on the west end. 23 COMMISSIONER BALDWIN: Mm-hmm. 24 JUDGE TINLEY: The adult probation people are on 25 the east end of that portion which is being finished out, and 6-14-10 168 1 then the common area in the middle. It also is being 2 finished out. 3 COMMISSIONER BALDWIN: Well, let me ask you this. 4 When do you think that you'll have the State make up their 5 mind and the District Judges to make up their mind? And the 6 -- and if they don't, we need to move these two people out of 7 this high rent place in -- I don't even know where it is, but 8 he says it's a considerable amount of money. Significant sum 9 of money that he's paying now for rent. I mean, at least 10 let's talk about finishing the thing out, finishing the rest 11 -- some more office space out. 12 JUDGE TINLEY: We have adequate space in the adult 13 probation portion that's being finished for both departments. 14 COMMISSIONER BALDWIN: I thought there was 10 15 offices for you. 16 MR. BARTON: I think there may be a total of 14 17 offices in that portion of the building. 18 COMMISSIONER BALDWIN: Two chiefs and -- two chiefs 19 and 12 indians? 20 MR. BARTON: Off the top of my head -- 21 COMMISSIONER BALDWIN: Something like that? 22 MR. BARTON: That figures sticks in my mind. 23 COMMISSIONER BALDWIN: I was thinking 10, but -- 24 JUDGE TINLEY: My understanding was that there were 25 some issues in the 216th Probation Department that were 6-14-10 169 1 pending that were needing to be resolved, and that the judges 2 were awaiting resolution of those, or at least Judge Emerson 3 was awaiting resolution of those before he made a commitment. 4 I don't know where we are on these other issues. That's 5 certainly going to be my first question come Wednesday 6 morning. Those issues have existed, I guess, back in March. 7 Anyway -- 8 COMMISSIONER BALDWIN: That has some issues that 9 draws Kerr County -- draws the Court in it? 10 JUDGE TINLEY: No. Things that we have no 11 connection to, to my knowledge. 12 COMMISSIONER BALDWIN: Well, see, I don't know how 13 you -- in your mind, how you go there when it's none of our 14 business. What I -- all I'm asking -- you know, and I've 15 made my decision about 216th D.A. You know, he wants -- I 16 mean, he's never seen that much office space. (Laughter.) 17 If he wants a lesser amount, I think that we need to talk to 18 the guy, you know? And -- and it just makes all the sense in 19 the world to me if 198th, you know, have two -- two employees 20 in there. I don't -- I don't understand why not. I don't 21 get it. Just doesn't make sense to me. So, anyway, that's 22 the reason -- that's the reason for the agenda item. I'm 23 thinking that this Court needs to make those decisions, and 24 let's get on down the road so there won't be any question of 25 who goes where. You want to move over there too? 6-14-10 170 1 MR. HENNEKE: No, sir, we're just fine where we 2 are. Thank you, Commissioner. 3 COMMISSIONER BALDWIN: You're welcome. 4 COMMISSIONER LETZ: I agree with Commissioner 5 Baldwin; the Court needs -- we need to figure out who's going 6 in there. And I agree with the Judge; consolidating things 7 makes a whole lot of sense to me. Would it not make sense 8 from a construction standpoint, if we're going to make that 9 decision and have that space occupied basically as soon as 10 the building is finished, that we do that now so we can do a 11 change order and get it done under one contract, as -- and 12 which will probably be less expensive than doing it later? 13 JUDGE TINLEY: On the contrary, Commissioner. I've 14 had this discussion with the architect, and when you do 15 change orders, you're going to trigger some -- just the 16 administrative cost adds 10 percent to it on top, plus on 17 your square footage costs, I would -- I can practically 18 guarantee that the amount is going to be a considerably 19 higher factor than what they're doing now. The -- my 20 thinking was, and the architect agreed with me, that if we're 21 going to do a build-out of the unfinished space, which really 22 has nothing to do with the probation issue -- that has 23 nothing to do with the probation issue -- that we do it by 24 separate contract later, because that'll be a better deal; 25 that we not do it as part of this contract as an add-on and 6-14-10 171 1 change order. 2 COMMISSIONER LETZ: Okay. Then that being said, 3 there's no reason really to -- I mean, I guess what's the -- 4 when are we going to make that decision on who's going to -- 5 what we're going to use that space for? 6 JUDGE TINLEY: Well, the decision has already been 7 made. It's a question of -- of what the structure's going to 8 be. We have the space in what we're building out for all of 9 the staffing in the current 216th and 198th in Kerr County, 10 plus some additional. It was intended and designed that way. 11 COMMISSIONER BALDWIN: I mean, office space -- more 12 office space than we're going to need? Is that what you're 13 saying? 14 JUDGE TINLEY: Mm-hmm. We were looking 10 years 15 out. 16 COMMISSIONER LETZ: Right. 17 JUDGE TINLEY: Is what we were looking at. 18 COMMISSIONER LETZ: So, there's no -- we're just 19 going to do it as we originally planned, and that's it for 20 right now? 21 JUDGE TINLEY: That's my thinking. And then if 22 we -- if we were to make a decision, say, before the 23 building's finished, based on my conversation with the 24 architect, wait till that portion is complete; then we'll go 25 out for separate bids on the finish out on whatever we want 6-14-10 172 1 on the now unfinished space -- the then unfinished space. 2 COMMISSIONER BALDWIN: We continue with what we're 3 doing; once we get that done, there's room for 198th to be in 4 there right now? 5 JUDGE TINLEY: Yes -- yeah. Yeah, that's -- we 6 don't have a timeline by them. 7 COMMISSIONER BALDWIN: Yeah. If we're going to add 8 a gym or a D.A. or whatever -- 9 JUDGE TINLEY: Mm-hmm. 10 COMMISSIONER OEHLER: We can designate who's going 11 in there whenever we get some resolution to -- 12 COMMISSIONER BALDWIN: That's really where I'm 13 coming from. 14 COMMISSIONER OEHLER: -- who's going in there. 15 COMMISSIONER BALDWIN: It would be kind of neat to 16 know who's going in there. I mean, I don't know how you -- 17 it would be easier to plan down the road whether do you 18 add-ons or whatever you do. 19 COMMISSIONER OEHLER: We tell them that we're 20 planning for y'all to be out there; now figure out a way to 21 get there. 22 JUDGE TINLEY: I've already told them that's what 23 we're planning on, one -- 24 COMMISSIONER WILLIAMS: Simple. 25 JUDGE TINLEY: -- Kerr County Adult Probation 6-14-10 173 1 Department. 2 COMMISSIONER OEHLER: The ball's in your court. 3 JUDGE TINLEY: Absolutely. It's been there since 4 March. 5 COMMISSIONER OEHLER: Yeah. 6 JUDGE TINLEY: And here we are. We're in June, 7 and, you know, if we now suddenly have a big problem with 8 lease space, we got to give notice, you know, somebody else's 9 poor planning does not constitute an emergency on my part. 10 I'm sorry. 11 COMMISSIONER BALDWIN: You don't have to apologize 12 to me. But I'm going to do everything I can to get these 13 people in there, you know. 14 JUDGE TINLEY: I understand. 15 COMMISSIONER BALDWIN: Your statement just then, 16 why did you say that? I mean, -- 17 JUDGE TINLEY: This thing's been pending since 18 March. 19 COMMISSIONER BALDWIN: -- you all of a sudden threw 20 some fuel on the fire. 21 JUDGE TINLEY: This thing's been pending since 22 March. 23 COMMISSIONER BALDWIN: That's your pending. That 24 doesn't have anything to do with this Commissioners Court. 25 That's your -- that is all your deal. 6-14-10 174 1 JUDGE TINLEY: I understand. 2 COMMISSIONER BALDWIN: Well, I'm saying, as a 3 representative of the taxpayers of Kerr County, the smart 4 thing to do is add these two people in there when there is 5 office space there. We're building it today. And you don't 6 like that, because they won't consolidate like you want them 7 to. That's what I'm hearing. 8 JUDGE TINLEY: I want to create more efficiencies 9 by having everybody in the same place. And -- 10 COMMISSIONER BALDWIN: Me too. 11 JUDGE TINLEY: -- I want to solve the issue with 12 the State insofar as all the reporting, insofar as all the -- 13 COMMISSIONER BALDWIN: I don't know anything about 14 that. 15 JUDGE TINLEY: Well, that's been going on since 16 '03. 17 COMMISSIONER BALDWIN: The State has complained 18 about things going on down here? 19 JUDGE TINLEY: The fact that there are two separate 20 adult probation departments in Kerr County? Yes, they have. 21 COMMISSIONER BALDWIN: Has the -- I mean, doesn't 22 the State control that? Why don't they eliminate one of 23 them? 24 JUDGE TINLEY: I don't know that. You'll have to 25 ask them, I suppose. But -- 6-14-10 175 1 COMMISSIONER BALDWIN: Who are they? 2 JUDGE TINLEY: They raise some issues. Who's the 3 individual that -- 4 MS. HARGIS: Marsha Roberts. 5 COMMISSIONER BALDWIN: What did you say? 6 MS. HARGIS: Marsha Roberts. 7 COMMISSIONER BALDWIN: Wait a minute. That's -- 8 the Auditor just said that. Who is it? 9 MS. DAVIS: It's -- she knows who he's talking 10 about. She's been dealing with it on our finances. 11 COMMISSIONER BALDWIN: So, would you like for me to 12 write Harvey Hilderbran a letter requesting we get rid of one 13 of the probation offices in Kerrville? If it's been around 14 since 2003, what's the holdup? Anyway, okay. I've spoken my 15 piece. Do we all know -- everybody happy with who's out 16 there? 17 COMMISSIONER WILLIAMS: Happy with who should go 18 out there. 19 COMMISSIONER BALDWIN: You want both D.A.'s out 20 there, don't you? 21 COMMISSIONER WILLIAMS: No. No, I want two 22 probation departments under the same roof. 23 COMMISSIONER LETZ: And someone's going to get out 24 of a lease to do that, right? Isn't that what you said? 25 COMMISSIONER BALDWIN: I don't know anything about 6-14-10 176 1 getting out of a lease. I don't believe that -- 2 COMMISSIONER WILLIAMS: Are they still in the bank 3 tower? 4 COMMISSIONER BALDWIN: I believe so. 5 COMMISSIONER WILLIAMS: That's a high rent 6 district. 7 JUDGE TINLEY: No. 8 MS. HARGIS: They're over there by the Jack in the 9 Box. 10 COMMISSIONER BALDWIN: The Auditor knows 11 everything. All right. But there's only one. There's only 12 one person, but hopefully they're going to hire another one. 13 COMMISSIONER OEHLER: They have one employee? Is 14 that what you're telling me? 15 COMMISSIONER BALDWIN: That's what the letter says. 16 COMMISSIONER OEHLER: 198th has got one probation 17 employee. 18 COMMISSIONER LETZ: And they know they're giving 19 notice, or they need to give notice on their lease that -- 20 MS. HARGIS: I don't know anything about that. 21 COMMISSIONER LETZ: If they're going -- if we think 22 they're moving out there and they're under a lease, someone 23 needs to tell who they lease the property from that they're 24 moving. 25 COMMISSIONER BALDWIN: Well, we need -- I mean, if 6-14-10 177 1 you have intentions -- if you're going to open up the space 2 for this employee, you need to let Judge -- 3 COMMISSIONER LETZ: Emerson. 4 COMMISSIONER BALDWIN: -- Emerson know, so that he 5 can do that. I mean, I would think. I don't know what their 6 situation is over there; I have no idea. It -- he just says 7 it costs a lot of money, all he says to me. 8 COMMISSIONER WILLIAMS: Who makes nice with the 9 State? You or the two District Judges? 10 COMMISSIONER BALDWIN: Want to -- 11 COMMISSIONER LETZ: No, I don't want to read it. 12 JUDGE TINLEY: Boy, I can't answer that question. 13 COMMISSIONER WILLIAMS: Okay. 14 JUDGE TINLEY: I don't know that I make nice or 15 don't make nice. 16 COMMISSIONER BALDWIN: What's the definition of 17 "nice"? 18 COMMISSIONER WILLIAMS: I'm not going there. 19 COMMISSIONER BALDWIN: Well, thank y'all for your 20 time. 21 COMMISSIONER WILLIAMS: You're welcome. 22 JUDGE TINLEY: Okay. We through with that one? 23 COMMISSIONER BALDWIN: Yes, sir, I am. 24 JUDGE TINLEY: Anybody else? Item 38; consider, 25 discuss, confer with County Attorney and take appropriate 6-14-10 178 1 action on possible litigation regarding enforcement of Texas 2 Health and Safety Code Section 822.101 in connection with 3 Animal Control Department. That shows to be executive 4 session. That is truly an executive session item? 5 MR. HENNEKE: Yes, Judge, it is executive session 6 under 551.071 of the Texas Government Code for consultation 7 with the attorney. 8 JUDGE TINLEY: Okay. We'll defer on that one for a 9 moment, and let's go to Item 40, as listed on the addendum. 10 Consider, discuss, take appropriate action to open bids for 11 the following vehicles: One 2010 F-150 Ford truck for 12 Environmental Health Department, and two 2010 F-150 Ford 13 trucks for Animal Control, and award contract. The first one 14 is from Stoepel Ford; shows $18,805.25 each. 15 COMMISSIONER BALDWIN: That is such a good price. 16 COMMISSIONER OEHLER: Truly amazing. 17 COMMISSIONER BALDWIN: Unbelievable. 18 COMMISSIONER OEHLER: Totally amazing. 19 COMMISSIONER BALDWIN: Probably close to $30,000 20 trucks. 21 COMMISSIONER OEHLER: Mm-hmm. 22 MS. HARGIS: You need to thank this man. 23 COMMISSIONER BALDWIN: Hmm? 24 MS. HARGIS: Need to thank Ray for that. 25 COMMISSIONER BALDWIN: Thank you, Ray. Do you want 6-14-10 179 1 to move out there? (Laughter.) 2 MR. GARCIA: I have an office with a window. It's 3 a closet, but I still have a window. 4 COMMISSIONER BALDWIN: Okay. Okay. 5 COMMISSIONER WILLIAMS: You have to be right in the 6 middle of the pack. 7 JUDGE TINLEY: Ray, I don't think they understand; 8 there's no windows in that building, is there? There was 9 one; we took it out. Okay. The next bid, Crenwelge Motors. 10 Let's see, two Dodges, one GMC 1500. Looks like truck number 11 one, 28,677. Truck number two, 27,899. Truck number three, 12 25,245.84. 13 COMMISSIONER LETZ: Judge, I move we accept both 14 bids and refer them to the -- Auditor? 15 MS. HARGIS: Mm-hmm. 16 COMMISSIONER LETZ: For recommendation. 17 COMMISSIONER OEHLER: That'll be easy. How long do 18 you reckon that's going to take? Hopefully it won't take a 19 week. 20 THE CLERK: I need copies. 21 COMMISSIONER LETZ: So moved. 22 MS. HARGIS: I need to make a recommendation now. 23 THE CLERK: Right now? 24 MS. HARGIS: Yeah. That's what they're saying. 25 COMMISSIONER BALDWIN: I believe I could. 6-14-10 180 1 JUDGE TINLEY: Can I get a second? 2 COMMISSIONER OEHLER: Second. 3 MS. HARGIS: We decided we'd go with the Fords. 4 JUDGE TINLEY: Got a motion and second to accept 5 both -- to accept both bids for evaluation and 6 recommendation. 7 (Discussion off the record.) 8 JUDGE TINLEY: Question or discussion? All in 9 favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion carries. 14 COMMISSIONER LETZ: I make a motion to accept the 15 recommendation of the auditor and go with Ken Stoepel Ford's 16 proposal or bid. 17 COMMISSIONER OEHLER: Second. 18 JUDGE TINLEY: Motion made and seconded to accept 19 the bid from Ken Stoepel Ford for the three Ford F-150 20 trucks. Question or discussion? All in favor of the motion, 21 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: The motion does carry. Okay, 6-14-10 181 1 gentlemen. Other than executive session item, I think that 2 brings us to payment of the bills. Is that correct? 3 COMMISSIONER OEHLER: I hope so. 4 COMMISSIONER LETZ: Move we pay the bills. 5 COMMISSIONER WILLIAMS: Second. 6 JUDGE TINLEY: Motion made and seconded to pay the 7 bills. Question or discussion on the motion? Page 7 at the 8 top, Constable, Precinct 3. I think that third entry should 9 be under Constable, Precinct 4, should it not? 10 MS. HARGIS: Yes. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER OEHLER: I think so too, being as 13 that's my constable. 14 JUDGE TINLEY: Any other question or discussion? 15 All in favor of the motion, signify by raising your right 16 hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. Okay. Do we 21 have any budget amendments? 22 MS. HARGIS: No. 23 JUDGE TINLEY: Any late bills? 24 (Low-voice discussion off the record.) 25 COMMISSIONER LETZ: Kendnel Kasper is for a 6-14-10 182 1 hundred -- 2 JUDGE TINLEY: 181,795.12. Yeah. 3 COMMISSIONER LETZ: And Kerrville Daily Times, 4 933.75. Move approval. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the late bills to Kerrville Daily Times for 8 933.75 and Kendnel Kasper, 181,795.12. Question or 9 discussion on the motion? All in favor of the motion, 10 signify by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: That motion does carry. I've been 15 presented with monthly reports from Constable, Precinct 1; 16 County Clerk; J.P., Precinct 3; J.P., Precinct 1; J.P., 17 Precinct 4; District Clerk; Kerr County payroll for May 2010; 18 J.P., Precinct 2; Environmental Health; and Kerr County 19 Juvenile Detention Facility. Do I hear a motion that these 20 reports be approved as presented? 21 COMMISSIONER WILLIAMS: So moved. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval of the indicated reports as presented. Any question 25 or discussion? All in favor of the motion, signify by 6-14-10 183 1 raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: The motion does carry. Do I have 6 any reports from Commissioners in connection with their 7 liaison or committee assignments? Commissioner Baldwin? 8 COMMISSIONER BALDWIN: Sir, I do not. Thank you, 9 though, for asking. 10 JUDGE TINLEY: Commissioner Williams? 11 COMMISSIONER WILLIAMS: Not a report, Judge, but 12 I'll give you a check for $500 which was given to me at 13 lunchtime by former mayor Gene Smith for the new war memorial 14 fund. 15 JUDGE TINLEY: Most appreciated. He indicated that 16 to me at the end of the Memorial Day ceremony. I appreciate 17 his generosity in doing that. We got some good coverage over 18 the weekend too in the local newspapers about this activity. 19 You got anything, Commissioner Letz? 20 COMMISSIONER LETZ: Just making a little bit of 21 headway with the state sub -- or state subdivision task force 22 I'm on. And habitat conservation plan for Plateau is on 23 track. 24 JUDGE TINLEY: Okay. Is that it? 25 COMMISSIONER LETZ: That's it. 6-14-10 184 1 JUDGE TINLEY: Commissioner Oehler? 2 COMMISSIONER OEHLER: I think I'll just not say 3 anything today. I think I said enough this morning. 4 JUDGE TINLEY: Okay. Do we have any reports from 5 elected officials or department heads? Anything else? 6 COMMISSIONER LETZ: Executive session. 7 JUDGE TINLEY: Yeah, okay. It is straight-up 8 3 o'clock. We will go out of open or public session, and 9 we'll go into executive session. 10 (The open session was closed at 3:00 p.m., and an executive session was held, the transcript of which 11 is contained in a separate document.) 12 - - - - - - - - - - 13 JUDGE TINLEY: Okay. It is now 3:13, and we are in 14 open or public session. Does any member of the Court have 15 anything to offer with regard to matters considered in 16 executive session? 17 COMMISSIONER LETZ: Sure. I'll make a motion that 18 we authorize the County Attorney to pursue civil action for 19 the removal of wild and dangerous animals pursuant to the 20 Health and Safety Code. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded as 23 indicated. Is that adequate, or do we need a name or what? 24 MR. HENNEKE: Well, it could be against -- to 25 pursue action against Mr. and Mrs. Tuma. 6-14-10 185 1 COMMISSIONER OEHLER: Clint Tuma. 2 MR. HENNEKE: Clint Tuma on Junction Highway, with 3 regard to the dangerous, unregistered wild animals that are 4 currently located on said premises. 5 COMMISSIONER LETZ: Okay, that's fine. 6 JUDGE TINLEY: That's incorporated? 7 COMMISSIONER LETZ: That's incorporated. 8 COMMISSIONER OEHLER: That's incorporated. 9 JUDGE TINLEY: Any question or discussion on the 10 motion? All in favor of the motion, signify by raising your 11 right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion carries. Anything else, 16 gentlemen? 17 COMMISSIONER BALDWIN: Can I make a motion how much 18 I care about Jody? I care about you, Jody. 19 MS. GRINSTEAD: Oh. 20 JUDGE TINLEY: For lack of a second, the motion 21 died. 22 COMMISSIONER BALDWIN: Didn't get a second. 23 MS. GRINSTEAD: I was going to say, it should have 24 come from him. 25 COMMISSIONER BALDWIN: The motion died because of 6-14-10 186 1 lack of second. 2 MS. GRINSTEAD: Oh, well. 3 JUDGE TINLEY: You're on the record. Okay. 4 Anything else? We'll be adjourned. 5 (Commissioners Court adjourned at 3:21 p.m.) 6 - - - - - - - - - - 7 8 9 STATE OF TEXAS | 10 COUNTY OF KERR | 11 The above and foregoing is a true and complete 12 transcription of my stenotype notes taken in my capacity as 13 official reporter for the Commissioners Court of Kerr County, 14 Texas, at the time and place heretofore set forth. 15 DATED at Kerrville, Texas, this 21st day of June, 2010. 16 17 JANNETT PIEPER, Kerr County Clerk 18 BY: _________________________________ Kathy Banik, Deputy County Clerk 19 Certified Shorthand Reporter 20 21 22 23 24 25 6-14-10