1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, August 9, 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 August 9, 2010 2 PAGE --- Commissioners' Comments 6 3 1.1 Consider/discuss, take appropriate action to 4 set a public hearing for installing a stop sign at the main entrance of C.A.M.P Camp on Skyline 5 Drive, Center Point, Precinct 2 9 6 1.2 Consider/discuss, approve proposed updates to Kerr County Indigent Health Policy to become 7 effective September 1, 2010; authorize the publication of required public notice 10 8 1.3 Consider/discuss approving polling locations 13 9 1.4 Consider/discuss, approve the appointment of 10 election judges and alternates for term of 1 year 14 11 1.5 Consider/discuss, take appropriate action to approve the central counting station personnel 15 12 1.6 Consider/discuss approving a second early voting 13 location at Kerr County Tax Office Substation in Ingram in accordance with Chapter 43 T.E.C. 16 14 1.13 Consider/discuss, take appropriate action to 15 complete destruction of the brick marquee at Hill Country Youth Exhibit Center in order to 16 replace it with a new LED digital sign 18 17 1.14 Consider/discuss, take appropriate action to authorize Kerr County Maintenance Coordinator 18 to go out for bid for electrical/plumbing/HVAC/ pest control services 24 19 1.15 Consider/discuss, take appropriate action to 20 ensure that existing outdoor arena is not torn down until after Kerr County Fair in October 2010 24 21 1.16 Consider/discuss, take appropriate action to 22 appoint Laurie Lowe as a member of Kerr County Child Services Board 26 23 1.17 Consider/discuss, take appropriate action to 24 award a bid to Pro South Construction for repair of Flat Rock Lake Dam and Ingram Lake Dam in the 25 amount of $297,635, as per recommendation of Project Engineer, Freese and Nichols 27 3 1 I N D E X (Continued) August 9, 2010 2 PAGE 1.19 Consider/discuss, take appropriate action to 3 approve budget transfer from capital funds to Kerrville South Wastewater Project in the amount 4 of $15,000 to cover funding shortfall 30 5 1.18 Consider/discuss, take appropriate action to award bid to Lupe Rubio Construction, Inc., 6 for construction of Phase IV, Kerrville South Wastewater Project 33 7 1.21 Consider/discuss, take appropriate action to 8 approve going out for bids for security fence around Kerr County Law Enforcement Center and 9 Kerr County Sheriff Annex 35 10 1.22 Consider/discuss, approve disposition of Kerr County Sheriff's Office surplus property 41 11 1.23 Consider/discuss, take appropriate action to 12 declare various items surplus items for 216th District Attorney's Office 48 13 1.24 Consider/discuss, take appropriate action to 14 reallocate space in the Ingram Annex of Kerr County Courthouse and authorize construction 15 to be done by Maintenance Department 49 16 1.7 Public Hearing regarding creation of road district in the Section 9 Castle Lake Ranch Subdivision 17 and consideration of an order authorizing the creation of such road district 56 18 1.10 Annual renewal of State Case Registry and Local 19 Customer Service Contract with the Office of the Attorney General 61 20 1.8 Consider/discuss, take appropriate action on 21 accepting petition from voters in the Section 9 Castle Lake Ranch Subdivision road district 22 regarding calling a bond election in the district 63 23 1.9 Consider/discuss, take appropriate action to set public hearing for the calling of a bond election 24 in the Section 9 Castle Lake Ranch Subdivision 66 25 4 1 I N D E X (Continued) August 9, 2010 2 PAGE 1.11 Consider/discuss, take appropriate action to 3 approve resolution authorizing the issuance of approximately $235,000 in principal amount of 4 Lake Ingram Estates Road District Unlimited Tax Refunding Road Bonds, Series 2010; authorize 5 County Judge to approve all final terms of the bonds, approve & authorize execution of all 6 documents related thereto, calling certain outstanding bonds for redemption, and approving 7 all other matters related thereto 67 8 1.25 Consider/discuss, take appropriate action regarding the 2011 Kerr Central Appraisal 9 District Operating Budget 74 10 1.26 Consider/discuss, take appropriate action to dispose of 20 used Sheriff's Office vehicles 77 11 1.12 Presentation of Texas Association of Counties 12 Safety Awards for Kerr County and review of new safety award criteria for future years 83 13 1.27 Consider/discuss, take appropriate action to 14 approve use of $5,000 from Fund 28 for eDoc to scan and index 22 volumes of microfilm images 15 of death & military discharge records 89 16 1.20 Consider, discuss and approve additional use of a portion of unexpanded portion of Kerr County 17 Sheriff Annex 90 18 1.28 Open bids for three four-door SUV's for Constables 1, 2, and 3, and award contract 126 19 4.1 Pay Bills 128 20 4.2 Budget Amendments 128 4.3 Late Bills --- 21 4.4 Approve and Accept Monthly Reports 129 22 5.1 Reports from Commissioners/Liaison Committee Assignments 130 23 5.2 Reports from Elected Officials/Department Heads 132 24 1.29 Confer with County Attorney on anticipated litigation (Executive Session) 133 25 --- Adjourned 134 5 1 On Monday, August 9, 2010, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, August 9th, 2010, at 9 a.m. It's just 11 a bit past that time now. Commissioner Oehler? 12 COMMISSIONER OEHLER: Yes. If you would rise and 13 join me in a word of prayer, followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. At this time, if there's 16 any member of the public or audience that wishes to be heard 17 on any matter which is not a listed agenda item, this is your 18 opportunity to come forward and tell us what's on your mind. 19 If you wish to be heard on an agenda item, we'd ask that you 20 fill out a participation form. There should be some at the 21 rear of the room. That helps me to know that there is 22 someone wishing to be heard when we come to that agenda item. 23 Even if you don't fill out a participation form, if you wish 24 to be heard on an agenda item, get my attention in some 25 manner when we get to that item, and I will give you that 8-9-10 6 1 opportunity. But right now, if there's any member of the 2 public or audience that wishes to be heard on any matter that 3 is not a listed agenda item, come forward at this time. 4 Seeing no one coming forward, let's move on. Commissioner 5 Oehler? 6 COMMISSIONER OEHLER: I don't have anything, Judge. 7 We got a long day. 8 JUDGE TINLEY: Commissioner Baldwin? 9 COMMISSIONER BALDWIN: Yes, sir, I do have one 10 item. I want to read a letter into the record that I 11 received a couple of days ago. It's addressed to me. "Dear 12 Commissioner Baldwin, this is to formalize my intent to cease 13 sitting as a judge as of August 31, 2010. After more than 45 14 years of sitting as a judge, I feel the need of a sabbatical. 15 I do thank you and the other commissioners, County Judge, et 16 cetera, for permitting me to serve as the jail judge. Ralph 17 Behrens is doing an outstanding job as the prosecutor, and of 18 course Lucy Pearson is also doing an outstanding job as a 19 defense attorney. Of course, it goes without question that 20 court reporter Kathy Banik is also totally outstanding in all 21 respects. It must be her training in the English court 22 system. It was a privilege and an honor to be offered the 23 opportunity to serve you and the other Kerr County officials. 24 I do thank you. Please convey my thanks and appreciation to 25 the Commissioners Court. Respectfully submitted, Charlie 8-9-10 7 1 Sherrill." And there's a P.S. that I will not share with 2 y'all. (Laughter.) So, looks like Judge Sherrill's -- and I 3 can't tell; I haven't been able to catch him, and I don't 4 know if this is just from our jail judgeship, or is he headed 5 to the house? So, if he is, I just want to say, you know, if 6 he's shutting it down being a judge, going fishing forever, 7 we need to have a party in the courthouse and thank him 8 properly. 9 JUDGE TINLEY: Commissioner, all I know is he 10 mentioned to me that he felt it was -- it was time for him to 11 take a sabbatical. 12 COMMISSIONER BALDWIN: Yeah. 13 JUDGE TINLEY: He didn't disclose his plans beyond 14 that as to whether or not it was going to be a permanent, 15 forever sabbatical or just a temporary one, but I would agree 16 with you that we need to show our appreciation to Judge 17 Sherrill for the efforts that he's made on behalf of Kerr 18 County and all of our courts here. 19 COMMISSIONER BALDWIN: Plus we either need to 20 replace him or shut that little operation down, one of the 21 two. 22 JUDGE TINLEY: Can't move forward without a judge. 23 COMMISSIONER BALDWIN: No, we can't. I know 24 that -- I know Judge Barton's out there. I don't know. I 25 guess the proper way to do that is to talk to Judge Ables and 8-9-10 8 1 see how he wants to -- 2 SHERIFF HIERHOLZER: In reference to that, Buster, 3 Becky did call me -- Henderson -- and I haven't gotten back 4 with her on whether or not we felt the jail docket out there 5 was large enough for them to continue doing it. Because the 6 last several times, Judge Sherrill had only heard, like, a 7 couple of them here or there. So I'm not sure Judge Ables is 8 going to want to continue trying to have one out there. 9 COMMISSIONER BALDWIN: Yeah. 10 JUDGE TINLEY: One of the suggestions made was that 11 possibly, instead of doing that every week, we do it maybe 12 twice a month. 13 COMMISSIONER BALDWIN: Sure. 14 JUDGE TINLEY: Seemed to be the suggestion that 15 Judge Sherrill was making, based upon the amount of activity. 16 SHERIFF HIERHOLZER: Those other courts are still 17 having court out there every week. So -- 18 JUDGE TINLEY: And inasmuch as they're handling at 19 least 216th and County Court at Law cases -- they're not 20 handling County Court at Law cases any more? 21 MR. HENNEKE: No, sir, I think it's just 216th. 22 JUDGE TINLEY: Okay. And you probably want to see 23 that Judge Williams gets in on that also, along with Judge 24 Ables. 25 COMMISSIONER BALDWIN: I'll do it. 8-9-10 9 1 JUDGE TINLEY: Because Judge Ables, of course, has 2 the ability to make that assignment. Anything else? 3 COMMISSIONER BALDWIN: No, sir. Thank you. 4 JUDGE TINLEY: Commissioner Williams? 5 COMMISSIONER WILLIAMS: Nothing. 6 JUDGE TINLEY: Commissioner Letz? 7 COMMISSIONER LETZ: I don't believe I have a thing. 8 JUDGE TINLEY: Okay, let's move on. We've got a 9 fairly lengthy agenda, plus we've got a workshop scheduled 10 for this afternoon. The first item on the agenda is to 11 consider, discuss, and take appropriate action to set a 12 public hearing for installing a stop sign at the main 13 entrance of Camp C.A.M.P. on Skyline Drive in Center Point, 14 located in Precinct 1. Mr. Odom? 15 COMMISSIONER WILLIAMS: Precinct 2. 16 MR. ODOM: Yes, sir. Thank you, Judge. 17 JUDGE TINLEY: Excuse me. Did I say Precinct 1? 18 COMMISSIONER WILLIAMS: You did. 19 JUDGE TINLEY: It's in Precinct 2. Thank you. 20 MR. ODOM: Yeah. You confused me. I thought I had 21 it right there. Okay. 22 JUDGE TINLEY: You did. I got it wrong. 23 MR. ODOM: We have a problem there. Traffic enters 24 Skyline Drive from Camp C.A.M.P., and makes no effort to stop 25 or take reasonable precautions as to oncoming traffic that's 8-9-10 10 1 going either direction on Skyline. Commissioner Williams was 2 contacted by a constituent, and has made a formal request for 3 Kerr County Road and Bridge to initiate the process for 4 installing a stop sign at the main entrance of Camp C.A.M.P. 5 on Skyline Drive, Center Point, Precinct 2. So, at this time 6 we ask the Court to set a public hearing for the installation 7 of a stop sign at the main entrance of Camp C.A.M.P. on 8 Skyline Drive, Precinct 2, for Monday, September the 13th, 9 2010, at 9:30 a.m. 10 COMMISSIONER WILLIAMS: So moved. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded to set a 13 public hearing on the matter for September 13th, 2010, at 14 9:30 a.m. Any question or discussion on the motion? All in 15 favor of the motion, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. We'll move 20 to Item 2; consider, discuss, and approve proposed updates to 21 the Kerr County Indigent Health policy to become effective 22 September 1, 2010, and authorize the publication of other 23 required public notice as required by law. Ms. Lavender? 24 MS. LAVENDER: Good morning. Just a couple of 25 things in the policy that we wanted to update this year. No 8-9-10 11 1 major deal. I did it in blue. Did it come through in blue 2 for you, the areas that we were changing, when you were 3 e-mailed? Or not? Okay. One of them is the notification. 4 When people go to the hospital, we're having a little bit of 5 problem getting notified about it, and this will correct it. 6 The County Attorney helped us word it. It's on the first 7 page, about two-thirds of the way down. And then in our 8 prescription drug policy, we clarified, instead of taking 9 them off of the program totally, it just takes them off the 10 prescription program if they have pending controlled 11 substances drug charges. And that's the only two things that 12 we have this year. And the notice actually ran in this last 13 weekend's paper. I'm not sure how that happened, but anyway, 14 it has to run twice, and it's already run one time, so 15 hopefully you'll approve it. 16 COMMISSIONER BALDWIN: If they have pending -- run 17 that by me again? 18 MS. LAVENDER: Okay. If I'm arrested for 19 controlled substances and I apply for the Indigent Health 20 program, we don't let them take out the prescription 21 benefits. We consult with the physician, and if it's a 22 situation where they can deal with it other than narcotics, 23 then we're not going to pay for those, because if they've 24 already got a drug problem, we don't want to compound their 25 drug problem. 8-9-10 12 1 COMMISSIONER BALDWIN: Sure. Absolutely. 2 MS. LAVENDER: Providing additional narcotics. We 3 really haven't had much trouble with it, but we wanted to 4 clarify that little part in the policy. This is kind of a 5 policy that we've changed several times, but it's been two 6 years, gentlemen, since we took over this program, and so 7 every so often we have to have a little update in it. 8 JUDGE TINLEY: And that sort of limitation is 9 authorized under state law? 10 MS. LAVENDER: Right. 11 JUDGE TINLEY: Under the state guidelines? 12 MS. LAVENDER: Right. 13 JUDGE TINLEY: Okay. Sheriff? 14 SHERIFF HIERHOLZER: I know that C.H.M., with our 15 medical at the jail, is wanting to have a conference call 16 type meeting with Rosa and that over Indigent Health, and 17 mainly over Indigent Health with prescription drugs in the 18 jail, because that could very well affect whether or not the 19 jail is ending up paying the full price of prescriptions or 20 we get indigent care on -- on inmates that have to have the 21 prescriptions, 'cause the jail pays for it. So it may -- it 22 may work better on the Indigent Health side, but it may make 23 our jail prescriptions go up, so we may end up paying it one 24 way or the other. 25 MS. LAVENDER: Right now we only have two people in 8-9-10 13 1 jail that are on the Indigent Health program. 2 SHERIFF HIERHOLZER: But I think those guidelines 3 fit a lot of the guidelines whether they are or not, and 4 whether they can get them at the indigent price for the -- 5 COMMISSIONER WILLIAMS: Rosa, does this require a 6 public hearing, or just publication of a new rule? 7 MS. LAVENDER: No, I don't think there's any public 8 hearing. We just need to post it on the web site. 9 COMMISSIONER WILLIAMS: Okay. 10 COMMISSIONER LETZ: Move approval. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval of the agenda item. Question or discussion? All in 14 favor of the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion does carry. 19 MS. LAVENDER: Thank you. 20 JUDGE TINLEY: We'll go to Item 3, which is to 21 consider/discuss approving the polling locations in 22 accordance with Chapter 43 of the Texas Elections Code. 23 Ms. Alford? 24 MS. ALFORD: Good morning. This is -- we do this 25 once a year to approve the polling locations for the November 8-9-10 14 1 election. We do have one change. We're going to move 314 2 that's usually here at the courthouse to the Cailloux Center, 3 for more room for the voters and that. And then we'll have 4 early voting at the Cailloux Center too, 'cause the Ag Barn 5 isn't available the end of October. 6 COMMISSIONER WILLIAMS: Those are the only changes? 7 MS. ALFORD: Yes, sir. 8 COMMISSIONER WILLIAMS: Move approval. 9 COMMISSIONER LETZ: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Question or discussion? All in favor of the 12 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 carries. Item 4; 17 consider, discuss, and approve the appointment of election 18 judges and alternates for the term of one year in accordance 19 with Texas Election Code, Section 32. Ms. Alford? 20 MS. ALFORD: Yes, sir. This is the election of 21 judges and alternate judges that we appoint each year, and 22 attached is a list of the judges from the Republican party 23 and alternates from the Democrat party that they would like 24 appointed. 25 JUDGE TINLEY: Essentially, this is the same 8-9-10 15 1 procedure that we've followed in past years? 2 MS. ALFORD: Yes, sir. We do it every -- 3 JUDGE TINLEY: And it's acceptable to both of the 4 party organizations, apparently? 5 MS. ALFORD: Yes, they submit the names to me. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER BALDWIN: So moved. 8 COMMISSIONER OEHLER: Second. 9 COMMISSIONER LETZ: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Question or discussion? All in favor of the 12 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: That motion does carry. Let's go to 17 Item 5; to consider and discuss, take appropriate action to 18 approve the central counting station personnel pursuant to 19 Chapter 127, Texas Election Code. 20 MS. ALFORD: This is the central counting personnel 21 for election night that we need to appoint these people. 22 Presiding manager is Michele Schneider. Tabulating 23 supervisor is Pam Cornett. Judge, Nadene Alford. Clerk, Eva 24 Washburn. Another clerk, Linda Hott. Another clerk, Mimi 25 Valverde. And then John Trolinger, the I.T. person, will 8-9-10 16 1 call the Secretary of State and update the web page for us. 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER WILLIAMS: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. Question or discussion? All in favor of the 6 motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. Item 6; 11 consider and discuss approving a second early voting location 12 at the Kerr County Tax Office Substation in Ingram in 13 accordance with Chapter 43 of the Texas Election Code. 14 Ms. Alford? 15 MS. ALFORD: Yes, sir. They're planning on doing 16 some remodeling to the -- to the substation out there, and we 17 would like to hold early voting out there, and I need to have 18 y'all approve it and then submit it to the D.O.J.'s office. 19 If the remodeling doesn't happen, I will notify D.O.J. that 20 we did not have early voting out there, but this way I can 21 get it approved for them if it happens. 22 COMMISSIONER OEHLER: Go ahead. 23 JUDGE TINLEY: Economically, what -- 24 MS. ALFORD: We'll have a -- the one -- another 25 girl will be going out to the Tax Office out there, and she 8-9-10 17 1 will be handling the election part of it out there. 2 JUDGE TINLEY: Are you just going to be splitting 3 off your personnel that you'd otherwise -- 4 MS. ALFORD: I would have -- 5 JUDGE TINLEY: -- have at one -- 6 MS. ALFORD: At one place out there. I'll have one 7 go out there if I need an extra one out there. 8 JUDGE TINLEY: So, no additional personnel? 9 MS. ALFORD: No additional personnel, no, sir. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER OEHLER: I think it's going to be a 12 good thing. There's a lot of people from here west that will 13 vote there rather than going -- taking -- going to the 14 Cailloux. Last year we had a problem with the Ag Barn being 15 way out of the way for a lot of folks, and -- and 16 consequently, we didn't get much early voting participation. 17 JUDGE TINLEY: Well, particularly if it can be 18 handled at no appreciable increase in cost. 19 COMMISSIONER OEHLER: There will be no increase in 20 cost, and also I think we'll get more people voting, because 21 a lot of people do all their business out there. 22 JUDGE TINLEY: Mm-hmm. 23 COMMISSIONER LETZ: Have you made a motion yet? 24 COMMISSIONER OEHLER: Move approval. 25 COMMISSIONER LETZ: Second. 8-9-10 18 1 JUDGE TINLEY: Motion made and seconded for 2 approval of the agenda item. Question or discussion? All in 3 favor of the motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. 8 MS. ALFORD: Thank you. 9 JUDGE TINLEY: Let's move to Item 13; to consider, 10 discuss, take appropriate action to complete destruction of 11 brick marquee at Hill Country Youth Exhibit Center in order 12 to replace it with a new LED digital sign. Mr. Bollier? 13 MR. BOLLIER: Yes, sir. Back there in the -- when 14 we had that storm, it blew off -- you know, it blew off the 15 marquee off the top of that rock part. 16 COMMISSIONER BALDWIN: I didn't know it, but I'm 17 glad it did. (Laughter.) 18 MR. BOLLIER: Me too. 19 COMMISSIONER OEHLER: After this, you'll really -- 20 MR. BOLLIER: And Jody's really happy too. But 21 Tracy Soldan -- I reported this to Tracy over in the 22 Auditor's office, and she called the insurance company. The 23 insurance company is going to give us -- right here's a copy 24 of the blank check -- I mean the check that's in there. It's 25 $14,028. The County will have to come up with $1,000, you 8-9-10 19 1 know, because of the -- 2 MS. HARGIS: Deductible. 3 MR. BOLLIER: -- deductible. And then we will have 4 to find electricity there, which there is electricity out 5 there. And I have a quote here from Guadalupe Electric 6 for -- to do all that work for us, and if we help them, it 7 will cost us $854.16, a savings of $554.89. That means that 8 we'll do the ditch work, which they're -- I'm just hoping 9 that it all goes right, and I'll have a ditch about 10 feet 10 to dig. And then all they have to do is bring the 11 electricity there, and I have to set an 8 5/8-inch piece of 12 pipe. There will have to be a fence. It's 6 foot tall, so I 13 need a piece of pipe that's approximately 20 feet long. And 14 by what they sent me here, I need to set -- if I'm going to 15 have 10 feet of the post out of the ground, I need 10 foot of 16 it in the ground, so that's not a problem. I've already 17 contacted Windstream, Rusty Henderson, and he said that he 18 could have the hole dug for me, and all I got to do is come 19 up with a piece of pipe. Which I have contacted Griggs, and 20 for that 20-foot piece of pipe, we're looking at $200. And 21 then I will have to pour -- I'm going to pour a little 4-by-8 22 slab around that once it's all through. So, we're looking at 23 a -- I don't have it totaled, but I believe that total will 24 be under about $1,800 for the whole project. 25 COMMISSIONER BALDWIN: Tim, this thing is 8-9-10 20 1 controlled from where? I mean, where do you -- 2 MR. BOLLIER: John -- that's something else. John 3 Trolinger will have us a laptop, no cost. It's just going to 4 be an old one, because all we need it for -- it'll be 5 wireless. All we need to do is go out there, and we'll use 6 that to program it. The sign already has the computer part 7 in it, so when we type it in, it will just go to the sign. 8 COMMISSIONER BALDWIN: I see. 9 MR. BOLLIER: And we're able to, on this particular 10 sign -- on this particular sign here, we are able to go in 11 there and set it up for two years if we wanted to. But we 12 would probably never do that; we'd probably just set it up a 13 month at a time. 14 COMMISSIONER BALDWIN: Yeah. 15 MR. BOLLIER: Be real simple. You just take the 16 laptop out there, copy in what you want and walk away from 17 it. 18 COMMISSIONER WILLIAMS: Tim, is the digital display 19 underneath the fixed sign, is that a static display or is it 20 a movable display? 21 MR. BOLLIER: It's just -- it just stays there. It 22 doesn't move. 23 COMMISSIONER WILLIAMS: Doesn't move? Doesn't go 24 in and out? Okay. 25 MR. BOLLIER: No, sir. 8-9-10 21 1 COMMISSIONER LETZ: Tim -- go ahead. 2 JUDGE TINLEY: The $1,800 estimate you made, that's 3 in addition to the $1,000 deductible? That does not include 4 the thousand? 5 MR. BOLLIER: That does not include the $1,000. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER LETZ: Tim, what was the sign -- the 8 size sign that blew down? The -- on the part that had the 9 lettering on it? 10 MR. BOLLIER: It was, like, 6 foot long and 3 11 foot -- it was almost 4 foot tall. It was very -- it was 12 just shy of being 4 foot tall. 13 COMMISSIONER LETZ: And the reason I'm asking this, 14 the dimensions of the one quoted was 4 feet 5 by 7 -- 15 MR. BOLLIER: 7 feet 4, yes, sir. 16 COMMISSIONER LETZ: And then there's, down below, a 17 larger sign, 5 -- almost 6 by a little over 7 foot. Is -- 18 MR. BOLLIER: The whole sign, sir, is 4 foot 5 19 tall, 7 feet 4 long. 20 COMMISSIONER LETZ: Right. But there's a -- down 21 on the quote, there's another option to go with a different 22 size. 23 MR. BOLLIER: Yes, sir, there's another option. 24 COMMISSIONER LETZ: I'm just trying to make sure -- 25 MR. BOLLIER: Yes, sir. 8-9-10 22 1 COMMISSIONER LETZ: That doesn't seem real big when 2 you're driving, to see something that's 4 feet -- little over 3 4 feet high. 4 COMMISSIONER OEHLER: It's not going to be that 5 tall, be sticking up 20 foot in the air. You wouldn't be 6 able to see it. 7 COMMISSIONER LETZ: It's basically the same size as 8 what we had before, is what you're telling me? 9 COMMISSIONER OEHLER: Little bigger. 10 MR. BOLLIER: It will be a little bigger. And 11 we're going to move that -- what I intend on doing is moving 12 that closer to Highway 27. 13 COMMISSIONER LETZ: Okay. 14 MR. BOLLIER: And I want the keep the sign -- I 15 will have to keep the sign inside our premises, which I have 16 already contacted Edward Perry over at the City to see if I 17 needed had any kind of -- anything, and he told me that I did 18 not need anything; to go ahead and put it up. 19 COMMISSIONER LETZ: 'Cause we're not in the city 20 limits. 21 MR. BOLLIER: Well, I was told to do that, and I 22 did that. 23 COMMISSIONER WILLIAMS: Well, that's good, because 24 somebody would come along and tell you you put it up too high 25 if you hadn't checked on it. 8-9-10 23 1 COMMISSIONER OEHLER: Or it's too big. 2 COMMISSIONER WILLIAMS: Huh? 3 COMMISSIONER OEHLER: Or it's too big. 4 COMMISSIONER WILLIAMS: Yeah. 5 COMMISSIONER OEHLER: Somebody might see it. 6 COMMISSIONER WILLIAMS: Perish the thought. 7 COMMISSIONER LETZ: So, we -- does the total cost 8 -- it's basically $1,800? Because insurance is paying for 9 the sign. 10 MR. BOLLIER: The insurance will pay for all the 11 sign except for the $1,000 deductible. So, in other words -- 12 COMMISSIONER LETZ: So, $2,800. You need approval 13 for $2,800. 14 MR. BOLLIER: Yes, sir. 15 COMMISSIONER LETZ: Move approval. 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval of the agenda item. Question or discussion? 19 COMMISSIONER LETZ: You've got 2,800 in your 20 budget? 21 (Mr. Bollier nodded.) 22 JUDGE TINLEY: I knew that was coming. If you 23 didn't ask it, I was going to. Questions or discussion? All 24 in favor of the motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 8-9-10 24 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Let's go to 4 Item 14; consider, discuss, take appropriate action to 5 authorize Kerr County Maintenance Coordinator to go out for 6 bids for electrical, plumbing, HVAC, and pest control 7 services. This is your annual solicitation for bids? 8 MR. BOLLIER: Yes, sir. The only thing that's 9 going -- that I'm going to do different this year is on my 10 pest control, there's some buildings that I feel that we're 11 over-spraying, so I'm going to have some of those buildings 12 done quarterly, and I -- and we'll save some money, I think. 13 COMMISSIONER LETZ: Move approval. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval. Question or discussion? All in favor of the 17 motion, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. 22 MR. BOLLIER: Thank you very much. 23 JUDGE TINLEY: Let's go to Item 15; consider, 24 discuss, and take appropriate action to insure existing 25 outdoor arena is not torn down until after the Kerr County 8-9-10 25 1 Fair in October 2010. Commissioners Oehler and Letz. 2 COMMISSIONER OEHLER: Well, I got a call from 3 Ms. Yarbrough, and they were concerned that they wouldn't 4 have a place this year to have the bull riding. And if we 5 didn't have the other one ready -- and the other arena will 6 probably be finished, but we won't have lights and we won't 7 have stand -- well, we'll have portable stands, but sometimes 8 an event runs beyond sunset. And so I had Peter Lewis check 9 with the contractor to make sure that was okay with them, and 10 it seemed to be fine with them to wait until after the fair's 11 over and then tear it down. Just wanted to make sure that we 12 did this properly. 13 COMMISSIONER WILLIAMS: You got a target date on 14 the new one? 15 COMMISSIONER OEHLER: It should -- it's within 30 16 days from the day they start setting posts, what they told 17 me. And that should -- they ought to be working on it this 18 week if they've gotten the material. And I was going to go 19 out this afternoon, but... Have you -- can you tell? 20 COMMISSIONER LETZ: They haven't done it this 21 morning, but I don't know. 22 COMMISSIONER BALDWIN: The new one, we're going to 23 have bucking chutes in the new one? 24 COMMISSIONER OEHLER: We have portable bucking 25 chutes. 8-9-10 26 1 COMMISSIONER BALDWIN: They can just be moved over. 2 What about a roping box? 3 COMMISSIONER OEHLER: It will all be permanent. 4 It's going to be really neat. 5 COMMISSIONER BALDWIN: Good. Cool. 6 COMMISSIONER OEHLER: Going to be the neatest setup 7 that I've seen, I think, anywhere. It's going to be easy to 8 maintain. 9 COMMISSIONER BALDWIN: Wow. 10 COMMISSIONER WILLIAMS: That's good. 11 COMMISSIONER BALDWIN: I second that, if it's in a 12 motion. Is there a motion? 13 COMMISSIONER LETZ: Move approval. 14 COMMISSIONER OEHLER: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval. Question or discussion? All in favor of the 17 motion, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. Item 16; 22 consider, discuss, take appropriate action to appoint Laurie 23 Lowe as a member of the Kerr County Child Services Board. 24 Commissioner Baldwin? 25 COMMISSIONER BALDWIN: Yes, sir. I move for 8-9-10 27 1 approval of this agenda item. 2 COMMISSIONER OEHLER: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval. Question or discussion? All in favor of the 5 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: That motion does carry. 10 COMMISSIONER BALDWIN: Thank you. 11 JUDGE TINLEY: Item 17 is to consider, discuss, 12 take appropriate action to award a bid to Pro South 13 Construction for the repair of Flat Rock Lake Dam and Ingram 14 Lake Dam in the amount of $297,635, as per recommendation of 15 the project engineer, Freese and Nichols. Commissioner 16 Williams? 17 COMMISSIONER WILLIAMS: This was the low bidder, 18 Pro South. I think they're out of Austin, Texas, and they 19 are recommended by the project engineer, Freese and Nichols. 20 I got an e-mail from him. I didn't get the e-mail in time to 21 print it out for members of the Court and get it into the 22 backup, but I do have an e-mail confirming that. So, the low 23 bid would be for repair of both dams, Flat Rock Lake Dam and 24 Ingram Lake Dam, and that's where it is. It is within the 25 budget, is it not, Ms. Auditor? 8-9-10 28 1 MS. HARGIS: Yes. 2 COMMISSIONER WILLIAMS: Well within the budget. 3 There will be a subsequent contract amendment coming, but 4 that's not to this topic, and that will be for construction 5 oversight. So, I would move approval of awarding the bid to 6 Pro South Construction for the repair of Flat Rock and Ingram 7 Lake Dams in the contract amount of 297,635. 8 COMMISSIONER OEHLER: Second. 9 JUDGE TINLEY: Motion made and seconded. Question 10 or discussion on the motion? 11 COMMISSIONER BALDWIN: I'm curious. Which is the 12 more expensive, Flat Rock or Ingram? 13 COMMISSIONER WILLIAMS: Flat Rock. 14 COMMISSIONER BALDWIN: By a large amount? 15 COMMISSIONER WILLIAMS: I think -- I think Ingram 16 is, what, just under 100,000? 17 COMMISSIONER OEHLER: Yes. I think it's 18 90-something. 19 COMMISSIONER WILLIAMS: 97,000. So, yeah, Flat 20 Rock is -- 21 COMMISSIONER OEHLER: There's a lot more damage to 22 Flat Rock than there is to Ingram. 23 COMMISSIONER WILLIAMS: Considerably more damage to 24 repair. 25 COMMISSIONER LETZ: What's the timetable? 8-9-10 29 1 COMMISSIONER WILLIAMS: Pardon me? 2 COMMISSIONER LETZ: Timetable? 3 COMMISSIONER WILLIAMS: They'll -- as soon as we 4 get the contract back and vetted by the County Attorney and 5 signed by the Judge, that will be back on the next agenda, 6 hopefully. I would hope we get mobilized by September, 7 mid-September at the latest. 8 COMMISSIONER LETZ: I guess what I'm thinking, you 9 know, if we need to be -- the weather and people using Ingram 10 Dam, you know -- 11 COMMISSIONER OEHLER: September will be fine. 12 That's the way -- 13 COMMISSIONER WILLIAMS: It looks like we're headed 14 for September. 15 COMMISSIONER OEHLER: Really doesn't interfere with 16 anything, except for people maybe swimming, going over the 17 dam or using the dam. 18 COMMISSIONER WILLIAMS: That's not an issue at Flat 19 Rock. They'll start at Flat Rock and then go to Ingram. 20 COMMISSIONER LETZ: Right. 21 JUDGE TINLEY: Other questions or discussion? All 22 in 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.) 8-9-10 30 1 COMMISSIONER LETZ: Judge, what did we budget for 2 this project? 3 MS. HARGIS: 571. 4 COMMISSIONER LETZ: 571? Good. 5 COMMISSIONER WILLIAMS: Like I mentioned, there 6 will be an amendment to the Freese contract for construction 7 oversight forthcoming. 8 JUDGE TINLEY: Okay. Let's go to Item 19; 9 consider, discuss, take appropriate action to approve a 10 budget transfer from capital funds to Kerrville South 11 Wastewater Project, wastewater sewer project, in the amount 12 of $15,000 to cover funding shortfall. Commissioner 13 Williams? 14 COMMISSIONER WILLIAMS: Thank you, Judge. We're at 15 the final phase of Kerrville South Wastewater Project, and 16 one of these agenda items talks about the bid, and we'll get 17 to that next. The Court will remember that over the course 18 of the last five or six years, while we were working on this 19 project, Kerr County has managed to achieve and be funded for 20 about $2 million in grant funds for the Kerrville South 21 project. In addition to that, the Upper Guadalupe River 22 Authority has put in some matches that probably, I think, 23 totals about $75,000. To-date, the County has put no funds 24 into that project at all. Zero. And we're at the point now 25 where we need to get this thing finished, and we have a 8-9-10 31 1 shortfall of about 12,000 and some-odd dollars between the 2 available funding for construction purposes and the amount to 3 cover the contract with Lupe Rubio Builders. So, I'm asking 4 the Court to consider transferring about 15,000 from the 5 capital funds to cover the shortfall so we can issue the 6 contract, or issue the -- award the bid and go into 7 negotiations for a contract and wrap this project up. The 8 Auditor says we have that money available, and it can be 9 done. 10 JUDGE TINLEY: And this is the last phase of that 11 particular -- this is Phase IV; is that right? 12 COMMISSIONER WILLIAMS: This is Phase IV, Judge, 13 and we're not going to engage in any more phases of that 14 project. 15 COMMISSIONER OEHLER: Commissioner Baldwin, are you 16 in favor of this? 17 COMMISSIONER BALDWIN: I don't know. Let me ask my 18 question here and I'll tell you. Does this include any of 19 the west side of Ranchero Road? 20 COMMISSIONER WILLIAMS: It includes Southwind -- 21 west side? 22 COMMISSIONER BALDWIN: Across the road from you, in 23 my precinct. 24 COMMISSIONER WILLIAMS: Well, it's -- Southwind's 25 in your precinct. 8-9-10 32 1 COMMISSIONER BALDWIN: Correct. That's correct. 2 COMMISSIONER WILLIAMS: Yes, sir, that's the bulk 3 of this award coming up. 4 COMMISSIONER BALDWIN: I certainly am. 5 COMMISSIONER OEHLER: Okay. I was just checking. 6 COMMISSIONER WILLIAMS: That is the bulk of the 7 award coming up. 8 JUDGE TINLEY: Considering the fact that we've -- 9 we've got all of that done with no Kerr County funds at this 10 time. 11 COMMISSIONER BALDWIN: It's incredible. That is 12 incredible. 13 JUDGE TINLEY: Yeah. 14 COMMISSIONER BALDWIN: We actually have taken a 15 whole community off of septic tanks. 16 COMMISSIONER WILLIAMS: We have. 17 COMMISSIONER BALDWIN: That is a -- that's a major, 18 major, major accomplishment, Bill. Thank you. 19 COMMISSIONER WILLIAMS: It truly is. Thank you. 20 COMMISSIONER OEHLER: On small lots. 21 JUDGE TINLEY: Yeah. Commissioner Williams has 22 eaten that elephant one bite at a time, and he's down to the 23 last bite. 24 COMMISSIONER WILLIAMS: I'm down to the core, 25 Judge. The apple core. I would move approval for the Court 8-9-10 33 1 to approve the budget transfer of $15,000 from capital funds 2 to cover the shortfall for the project. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. Question or discussion? All in favor of the 6 motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. 11 COMMISSIONER WILLIAMS: Thank you, gentlemen. 12 JUDGE TINLEY: Let's now move to Item 18, which is 13 consider, discuss, take appropriate action to award bid to 14 Lupe Rubio Construction, Incorporated, for construction of 15 Phase IV, Kerrville South Wastewater Project, in the 16 following amount. Base bid, $308,129.87, and Alternate 1, 17 $63,634.05, as per recommendation of project engineer, Tetra 18 Tech, Incorporated. Commissioner Williams? 19 COMMISSIONER WILLIAMS: Thank you, Judge. It is 20 what it says. We bid it -- this is the second time it's been 21 bid, and this time we bid it in alternates. The base bid is 22 308,129, and that is for Southwind, Commissioner, and what 23 goes on in that area. And the other part, Alternate 1, which 24 is included, is 63,634, and that's to stretch out a little 25 bit from the cul de sac on -- on Quail Valley and come back 8-9-10 34 1 up to catch a few more homes there, which satisfies -- we 2 were doing that because we had to satisfy the conditions of 3 the grant, which require that you provide service to "X" 4 number of people for this size grant. So, by moving up Quail 5 Valley, we will have satisfied that. We had about a 6 seven-person shortfall by doing just the 308. The Court 7 should know that there's one element that got left out 8 because funding just wasn't available, and we had so many 9 problems with that, and that's the seven or eight homes on 10 the top of Ranchero Road, which would be on the south side. 11 And we'll figure out how to come back, get another grant and 12 see if we can do that later, or if we're awarded the grant 13 that's pending for repair of septics, we'll see if we can 14 include those homes within the conditions of the forthcoming 15 grant, which we should know later this year. So, this will 16 be for the total amount of -- add those two numbers together 17 and we got it, and plus the amount we've transferred from 18 capital funds. So, I would move that we approve the awarding 19 of the bid to Lupe -- Lupe Rubio Construction, Inc., for 20 construction of Phase IV, Kerrville South Wastewater Project, 21 in the amounts that are shown on your agenda. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval. Question or discussion? All in favor of that 25 motion, signify by raising your right hand. 8-9-10 35 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 COMMISSIONER WILLIAMS: Thank you. 5 JUDGE TINLEY: The motion does carry. Let's go to 6 Item 21; consider, discuss, take appropriate action to 7 approve going out for bids for security fence around Kerr 8 County Law Enforcement Center and Kerr County Sheriff Annex. 9 Sheriff? 10 SHERIFF HIERHOLZER: Gentlemen, when we first 11 started looking at the capital improvement fund and went out 12 for that on the Sheriff's Annex, part of that fund was 13 $21,000 to enlarge the fence around the storage facility that 14 we currently have. We haven't used that fund and touched 15 that fence at all, but in looking at the way things did and 16 the way things are coming down, what we'd like to do -- and 17 this has been discussed several times -- is going ahead and 18 putting a security fence around what will get about 90 19 percent, is the way it would be, when you come in off the 20 property lines of the entire property out there, not just 21 the -- the storage building. It would -- it would start from 22 about the sallyport side of the jail, and then it would go to 23 the KPUB property, go back to just about Schreiner College, 24 and come down Schreiner College's property to the -- it would 25 kind of be the northwest corner, and then back up towards the 8-9-10 36 1 road and tie into the new annex on the corner of it, and then 2 come on across from the opposite corner of it to where the 3 J.P. is, with automatic gates that open those two areas by 4 the sallyport and by the J.P.'s areas, to where you can 5 secure vehicles and -- and secure all that area. 6 Just with -- with the amount of construction going 7 on out there and the amount of apartments going in, I think 8 we need to enlarge the area around the jail itself. It 9 doesn't take that much to stand on the outside of what is the 10 current perimeter fence and chunk something over on top of 11 that jail that could go down into the rec yard, and that 12 concerns me. We had gotten them just to give us an idea of 13 what kind of cost it would -- it would take in doing that. 14 We did go to one of the local fence companies and had them 15 come out and give us an estimate, just so that we could have 16 some kind of ballpark figure, and those two estimates totaled 17 close to 80 -- right at about 84,000. And then you take out 18 the 22 -- 21,000 we had, so it's going to be a little over 19 60,000, is an estimate without going out for the bids. I'd 20 have to go out for the bids and find what would it totally 21 do. 22 COMMISSIONER WILLIAMS: Sheriff, does that include 23 the use of the fencing that we acquired from the airport? 24 SHERIFF HIERHOLZER: The -- the 84,000 estimate 25 that we got does not, okay? And if we can include the use of 8-9-10 37 1 the fencing that was gotten from the airport in the bid 2 process, then it -- then I would hope it would it lower that 3 bid a lot more. 4 COMMISSIONER WILLIAMS: I think Commissioner Letz 5 and I managed to get about 1,500 linear feet. 6 COMMISSIONER LETZ: Something like that. 7 COMMISSIONER WILLIAMS: Something like that, of 8 10-foot -- the heaviest gauge fencing. 9 SHERIFF HIERHOLZER: Right. And I would definitely 10 want to include that in, you know, that that's already being 11 supplied by -- by us for whoever goes -- you know, bids on 12 the project. 13 JUDGE TINLEY: Would you include that as part of 14 the bid to utilize that material? 15 SHERIFF HIERHOLZER: I think we should. 16 JUDGE TINLEY: And designate where you want it 17 used? 18 SHERIFF HIERHOLZER: Right, I think we should. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER BALDWIN: Rusty, where does the fence 21 come off of the present building near the new building? 22 SHERIFF HIERHOLZER: Okay. It will come just about 23 where -- in between the J.P. -- the corner of the current 24 fence right there. 25 COMMISSIONER BALDWIN: Yeah. 8-9-10 38 1 SHERIFF HIERHOLZER: It would come straight across 2 the -- 3 COMMISSIONER BALDWIN: I see. 4 SHERIFF HIERHOLZER: -- the driveway right there 5 and then make another little "L" and go to the corner, that 6 corner closest right there of the new building. Then it 7 would take off again on the opposite side corner by 8 Clearwater Paseo, and go onto the property line and back 9 up to -- 10 COMMISSIONER BALDWIN: So we're not cutting off any 11 parking area for jail visitors or J.P. offices? 12 SHERIFF HIERHOLZER: Because of where that gate 13 will come across, you will lose -- I think it's two or three 14 parking slots right there, just because of where they have to 15 come across the -- the pavement and that. 16 COMMISSIONER OEHLER: So that whole area -- you'd 17 have that whole area, if I'm not misunderstanding, from that 18 fence back towards Schreiner College as an impound area or a 19 secure area; is that what you're saying? 20 SHERIFF HIERHOLZER: It's not necessarily -- any of 21 it's not necessarily an impound area, but it would take in 22 the whole acreage that the Sheriff's Office and jail sits on, 23 except for the front, so there's no interference with public 24 access. 25 COMMISSIONER OEHLER: That would also allow you -- 8-9-10 39 1 that would allow you to have more space for impound without 2 just expanding that little area we were talking about. 3 SHERIFF HIERHOLZER: That's correct. I wouldn't be 4 interested in expanding -- 5 COMMISSIONER OEHLER: You would secure that to 6 where you could just put vehicles in there or whatever, 7 seized stuff, because it would be secure. 8 SHERIFF HIERHOLZER: Right. But we would probably 9 do -- for, like, evidentiary-type vehicles, we'd still put it 10 inside the current impound area we have, you know, the 11 smaller one, or inside one of those buildings. But, yes, it 12 would allow us to -- to be a lot more secure in vehicles and 13 everything back there. 14 COMMISSIONER OEHLER: Possibly some of this cost 15 could be paid for by seizure money. 16 SHERIFF HIERHOLZER: No. 17 COMMISSIONER OEHLER: No? 18 SHERIFF HIERHOLZER: No, we have another -- not at 19 this time. 20 COMMISSIONER OEHLER: Well, maybe you should wait 21 until you seize enough stuff to pay for it. 22 JUDGE TINLEY: On the -- 23 COMMISSIONER LETZ: He's shuffling his papers now. 24 JUDGE TINLEY: -- the parking issue, Commissioner, 25 Road and Bridge has -- and they'll be -- as we finish up the 8-9-10 40 1 building project out there, there's going to be a whole new 2 parking lot there right adjacent to Clearwater Paseo, so 3 there's going to be -- and plus some additional parking areas 4 right there in front of the -- of the new building, so -- 5 COMMISSIONER OEHLER: I wasn't concerned about the 6 parking issue. I was concerned about the payment of it, 7 payment for the fence. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER OEHLER: Yeah. I realize we're having 10 additional parking. Of course, we've got additional people 11 going out there too. 12 JUDGE TINLEY: Mm-hmm. Well, some of these -- some 13 of these folks at the offices and whatnot will be parking 14 behind the secure area in that new parking area that's 15 immediately west of the new building, so they won't be 16 utilizing that parking. 17 SHERIFF HIERHOLZER: The new parking area, you 18 know, behind that new annex would be within the -- the 19 secured perimeter fenced area. 20 COMMISSIONER LETZ: Move approval of the agenda 21 item. 22 COMMISSIONER WILLIAMS: Second. 23 COMMISSIONER OEHLER: To go out for bids? Okay. 24 JUDGE TINLEY: Motion made and seconded for 25 approval of the agenda item. Question or discussion? All in 8-9-10 41 1 favor of the 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: The motion does carry. Item 22 is 6 to consider, discuss, approve disposition of Kerr County 7 Sheriff's Office surplus property. 8 SHERIFF HIERHOLZER: Okay. 9 JUDGE TINLEY: Sheriff? 10 SHERIFF HIERHOLZER: There's actually two different 11 types of those on there, but this first one on this agenda 12 item is getting rid of some of the surplus radios that we had 13 when we had to replace and go with the more digital so we can 14 stay in contact with P.D., and narrow-banding all of ours. 15 And what we would like to do to start off with, just to give 16 you an idea, in Matador, Texas, the Sheriff up there, Chris 17 Spence, has a very small department, and they don't have any 18 type of video cameras in their cars. And when we pulled 19 these old video cameras and went to digital, to what we have 20 now, the old VHS cameras out of those cars, he would like to 21 see if we could transfer them -- three of those cameras so 22 that he would be able to have them for his department, at no 23 cost. They just have a very small department. That's the 24 one item going outside of the county, and it is the patrol 25 video cameras that came out of the downed cars. 8-9-10 42 1 JUDGE TINLEY: This is what county? 2 SHERIFF HIERHOLZER: It's -- what county is he? 3 MR. BARTON: Motley. 4 SHERIFF HIERHOLZER: Motley County. 5 JUDGE TINLEY: Motley County. That's Bob Wills 6 country. We can't do enough good things for those folks. 7 COMMISSIONER BALDWIN: That's exactly right. 8 SHERIFF HIERHOLZER: Now, the second thing is, we 9 had surplus radios that we transferred to Kerr County Animal 10 Control, being four of the mobile radios and two of the 11 portable radios that we've replaced. Transfer eight mobile 12 radios to Road and Bridge, along with two portable radios. 13 That will also include the chargers. Transfer eight mobile 14 radios, four portable radios with the chargers to the Ingram 15 Volunteer Fire Department. Transfer eight mobile radios and 16 12 portable radios with chargers to the Divide Volunteer Fire 17 Department. And transfer four mobile radios, 10 portable 18 radios with chargers to the Mountain Home Volunteer Fire 19 Department. And transfer four mobile -- or four portable 20 radios with the chargers to the Center Point Volunteer Fire 21 Department. Now, the other thing we have is, like, the law 22 enforcement agencies, such as Ingram law enforcement agency, 23 would like to -- before I get rid of these downed vehicles 24 that we've already stripped back there, possibly be able to 25 use some of the overhead lights for parts on them, or some of 8-9-10 43 1 the siren speakers in them that they would even take out 2 themselves, 'cause they're mounted up underneath, that they 3 would take off of them. And we have no use for any of that 4 equipment at this time, and I'd recommend that we help these 5 volunteer departments out, and smaller ones, being able to 6 donate this stuff to them. 7 JUDGE TINLEY: Did you give all of the VFD's that 8 serve us here in Kerr County an equal opportunity to raise 9 their hand on this stuff? 10 SHERIFF HIERHOLZER: Yes, we have. 11 JUDGE TINLEY: And you think the proposed 12 distribution that you're making to them is equitable, 13 considering all the requests you got? 14 SHERIFF HIERHOLZER: The proposed -- 15 JUDGE TINLEY: And needs of those departments? 16 SHERIFF HIERHOLZER: The proposed distribution to 17 them is exactly what each one of them requested. 18 COMMISSIONER WILLIAMS: Did you -- 19 JUDGE TINLEY: Enough to go around? 20 SHERIFF HIERHOLZER: Got enough to go around. 21 That's what they would request, and that's what we are 22 planning on trying to do. And Clay would appreciate it, 23 'cause every bit of this stuff is stacked on the floor in his 24 office right now. (Laughter.) 25 COMMISSIONER WILLIAMS: Did all the VFD's respond 8-9-10 44 1 to -- 2 SHERIFF HIERHOLZER: Elm Pass is the only one that 3 hasn't really said anything. 4 MR. BARTON: Yes, sir. I've just -- I put it out 5 and they announced it at the KARFA meeting. I started 6 hearing back from some of the chiefs, and Divide and Mountain 7 Home was the first ones to notify me, and then Center Point 8 notified me. 9 COMMISSIONER WILLIAMS: Okay. Does this take care 10 of all your surpluses? 11 MR. BARTON: Yes, sir. 12 COMMISSIONER WILLIAMS: Does this allocate them all 13 out? 14 MR. BARTON: Yes, sir. 15 JUDGE TINLEY: On the Motley County proposal, there 16 wasn't any interest by any agency here in Kerr County? 17 SHERIFF HIERHOLZER: No, not on those, okay. The 18 agencies here? Not on the cameras. 19 JUDGE TINLEY: Yeah, just those items. 20 SHERIFF HIERHOLZER: Because all the agencies here 21 in Kerr County -- 22 (Low-voice discussion off the record.) 23 SHERIFF HIERHOLZER: All the agencies here in Kerr 24 County pretty well go digital now. Clay did say Rowan 25 Zachary with Ingram may be interested in some of the other 8-9-10 45 1 parts on some of those cameras, because that's what they 2 have. We have some old ones that we've taken down and that. 3 'Cause there may be one or two that could still -- I don't 4 think there's any left in those vehicles. 5 MR. BARTON: No, we've still got a whole stack of 6 them. 7 SHERIFF HIERHOLZER: We stripped them out, so it's 8 just what's already been taken out of those vehicles. And if 9 they can use the parts for them and that, they're VHF -- VHS 10 ones, and I think we should be able to -- it just keeps it 11 from clogging up an artery. 12 JUDGE TINLEY: That's in addition to the ones 13 you're proposing to -- 14 SHERIFF HIERHOLZER: Right. 15 JUDGE TINLEY: For Motley County? 16 SHERIFF HIERHOLZER: Yeah. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER OEHLER: Can we give property away to 19 another county? 20 COMMISSIONER BALDWIN: That's my question. Is 21 there any legal problems with that? 22 COMMISSIONER OEHLER: There's no reciprocation here 23 that I can see. It's just an outright donation from one 24 agency or one county to another. 25 SHERIFF HIERHOLZER: Surplus. 8-9-10 46 1 COMMISSIONER OEHLER: Yeah. Well, if it's declared 2 surplus, you're not supposed to give it away, are you? 3 Aren't they supposed to pay something? 4 JUDGE TINLEY: My understanding is any other 5 governmental agency or nonprofit, even. 6 COMMISSIONER OEHLER: Okay. I just want to make 7 sure. 8 JUDGE TINLEY: I'm going to defer to this gentleman 9 right over here. 10 MR. HENNEKE: I mean, gentlemen, essentially the 11 same with the volunteer fire departments. I mean, those are 12 quasi-governmental entities, and -- and I think this is 13 appropriate. 14 COMMISSIONER OEHLER: Of course, that's within our 15 county. 16 SHERIFF HIERHOLZER: Clay may have researched it. 17 MR. BARTON: What the Sheriff of Motley County did, 18 he put a notice out a number of months ago on the listserv, 19 just stating that -- actually, he's got a unit. He was 20 looking for some parts to try to keep the unit going, and I 21 just notified him back that at that time we were expecting 22 these new cars in; we'd be stripping these out, and after I 23 talked with the Sheriff, that we might be able to help him 24 out with some -- some units that we were taking out of our 25 cars. So, that's how that came to be. He was just putting a 8-9-10 47 1 notice out, 'cause he said that in about three years, he 2 hopes to be able to order a new car and to have a digital set 3 in that -- digital recorder in that, so he's just trying to 4 piecemeal and patch along until he gets another car ordered. 5 COMMISSIONER OEHLER: I don't mind doing this, as 6 long as it's -- 7 COMMISSIONER BALDWIN: Yeah, me too. 8 MR. HENNEKE: You know, I'm happy to look at this 9 more in-depth and report back. I mean, it's not a normal 10 occurrence where we're looking at giving stuff to another -- 11 a governmental entity outside of the county. And it's not an 12 issue I was aware that we were looking at before today, so if 13 there's urgency on it -- if not, you know, I can run that 14 down for sure and report back at the next Commissioners 15 Court. 16 SHERIFF HIERHOLZER: If we can go ahead and give 17 the volunteer fire departments, the local county agencies 18 their stuff, and let Rob research that with them. And if he 19 tells me okay, do we need to come back to the Court? Or 20 after he -- 21 JUDGE TINLEY: No. Subject -- subject to his 22 confirmation that it's legally appropriate. 23 COMMISSIONER LETZ: I move approval, subject to the 24 confirmation of the County Attorney. 25 SHERIFF HIERHOLZER: All right, thank you. 8-9-10 48 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval, subject to the approval of the County Attorney as 4 to the issue of the Motley County disposition. Question or 5 discussion? All in favor of the motion, signify by raising 6 your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. We'll go to 11 Item 23; to consider, discuss, take appropriate action to 12 declare various items surplus for the 216th District 13 Attorney's office. It doesn't appear that Ms. Rucker's here. 14 There are a few items that are there. Doesn't look like any 15 real extensive amount of surplus. I suppose they'll come 16 back with their proposed disposition if, in fact, the Court 17 declares them surplus. 18 COMMISSIONER LETZ: I move approval. 19 COMMISSIONER WILLIAMS: Second. 20 COMMISSIONER BALDWIN: Motion made and seconded for 21 approval of the agenda item. 22 COMMISSIONER LETZ: Just those two computers, 23 correct? 24 MS. HARGIS: Right. 25 JUDGE TINLEY: Looks like there's -- there's three. 8-9-10 49 1 There's a desktop and then the Dell and the Compaq. 2 COMMISSIONER LETZ: Yeah. 3 JUDGE TINLEY: Further question or discussion? All 4 in favor of the motion, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion does carry. Let's move 9 to Item 24; to consider, discuss, and take appropriate action 10 to reallocate space in the Ingram Annex of the Kerr County 11 Courthouse, and authorize construction to be done by Kerr 12 County Maintenance Department. Commissioner Oehler. 13 COMMISSIONER OEHLER: Diane Bolin came to me and 14 said that they were going to possibly, in the near future, be 15 approved for another TexDOT -- whatever it is to do license 16 renewals and all that kind of stuff for another station, and 17 send one of her people that is already in -- exists in her 18 office out to Ingram, so we'd have two people out there, 19 because that office is being used a lot. A lot of people 20 from here are going out, getting work done, title transfers, 21 various things, and so in order to make room for another 22 person in the tax office, we have to kind of swap spaces with 23 the J.P. And I went and visited with him about it, and I'm 24 not sure he was completely satisfied with what I had to say, 25 but he agreed to do it. But in the process, I think what we 8-9-10 50 1 need to do -- we need to swap spaces, number one, because 2 there's just -- he just has one clerk, and that person will 3 be over where the tax office is now. Bob Terrill would stay 4 where he is within what would be in Diane's office, for -- 5 and there would be security, sort of, for the tax office. 6 And then the construction that needs to be done would be to 7 enlarge the courtroom, which is very, very small, by taking 8 in Ragsdale's office now and combining those two, removing 9 the wall, and then moving his office into the back storage 10 area. And that also gives storage on both sides for his 11 office, as well as the tax office, and I think that everybody 12 would have enough space. It's not going to -- they can do 13 the work in-house with our people doing the construction. It 14 will be just basically removing one wall, putting in possibly 15 three doors total, in order for the -- the J.P.'s office to 16 be able to access the restroom, and also a door for Bill to 17 come out of his office into the courtroom. The courtroom 18 could be used for -- we were talking earlier -- for early 19 voting, as well as overflow for people that have room to kind 20 of get in line to pay taxes during tax season. When he has 21 court days, more room for people to gather. And I don't 22 think the cost -- I don't know; Tim hasn't estimated the cost 23 for me yet, but I felt like that this needed to be asked for 24 and done by court order because it would be an allocation of 25 space, or reallocation of space. And I think the whole thing 8-9-10 51 1 makes sense. I think the cost is very minimal, and we can 2 stay where we are and not look for a bigger building. 3 There's a lot of space in that storeroom back there that's 4 basically not being used. 5 COMMISSIONER BALDWIN: By adding the J.P.'s office 6 onto that courtroom, is that like -- an increase of, like, 50 7 percent or so? 8 COMMISSIONER OEHLER: Well, you're going to 9 actually increase the courtroom size by about 50 percent. 10 COMMISSIONER BALDWIN: By 50 percent. 11 COMMISSIONER OEHLER: But then his office size will 12 be almost identical to what he has now. 13 COMMISSIONER BALDWIN: Yeah. Yeah, kind of some 14 wasted area there in the back. 15 COMMISSIONER OEHLER: Yeah. There's a whole big -- 16 it's like -- just guessing, I think it's about 10 by 30. 17 COMMISSIONER BALDWIN: Yeah. 18 COMMISSIONER WILLIAMS: Commissioner, any of that 19 space that you call storage space, is that being used for 20 storage? 21 COMMISSIONER OEHLER: It's being used, but it's not 22 all being used. It's not -- 23 COMMISSIONER WILLIAMS: Okay. 24 COMMISSIONER OEHLER: -- near enough -- I mean, if 25 you combined everything that's back there, and Diane said 8-9-10 52 1 that they even have some records back there, you know, that 2 can be destroyed, because they've redone the law of what you 3 have to retain. 4 COMMISSIONER WILLIAMS: I was leading up to my next 5 question. 6 COMMISSIONER OEHLER: So, I mean, it's not full 7 now. I mean, it's not even -- it's not even a third full. I 8 mean, if you stacked it and you organized it, you wouldn't 9 even be using 20 percent of the whole area. So, anyway, 10 Ragsdale told me he's a team player and that he's -- he was 11 willing to do that. And, you know, he didn't much care for 12 it, but, you know, it just seemed fair to me; if you're going 13 to have a two-person office, and actually three with Bob 14 remaining, you know, you need to have enough space for them. 15 There is not enough space to put another person in where 16 Karen is. It's barely big enough for one. And it's not 17 accessible to -- a second person would not be able to be 18 accessed by the public; they'd have to switch off. But I 19 think it's a reasonable plan, and I think -- I've talked to 20 Bill about it a little bit, and I think the construction part 21 of it, like I say, in-house, no -- no big expense, but we 22 can, I think, improve that annex, make it more user-friendly, 23 and also accommodate more things, including early voting. 24 COMMISSIONER LETZ: Do we need to check with the 25 owner of that property? 8-9-10 53 1 COMMISSIONER OEHLER: Yes. 2 JUDGE TINLEY: Leasehold improvements. 3 COMMISSIONER OEHLER: Yes, I need to call Jimmy and 4 see, make sure that he's aware and that he doesn't have an 5 objection to that before we proceed. 6 COMMISSIONER WILLIAMS: The construction expenses 7 come from whose budget? Tim's? 8 COMMISSIONER OEHLER: Come from Tim's. He has all 9 the money, you know. He and the Sheriff have all the money. 10 COMMISSIONER WILLIAMS: I thought the Sheriff had 11 it all. 12 SHERIFF HIERHOLZER: No, y'all done depleted me. 13 JUDGE TINLEY: Tim, do you even have a ballpark? 14 Number one, you know, we've heard it described. I assume 15 that you're familiar with the details, and it's doable? 16 MR. BOLLIER: It's doable. I mean, it's an easy 17 project, because all we have to do is just -- like 18 Commissioner Oehler said, is just tear out that one wall and 19 extend two walls to the back -- across the back. 20 COMMISSIONER OEHLER: Across the back. 21 MR. BOLLIER: I don't think that that project -- 22 that office isn't as big -- we put those walls -- it's not as 23 big as the one we built for Cheryl over here in the -- in the 24 Clerk's office. And I think we can do that job for 25 probably -- I'm just estimating. 8-9-10 54 1 JUDGE TINLEY: I understand. 2 MR. BOLLIER: I'm estimating it to be -- I think we 3 can get all the material for less than $1,000. For less than 4 $1,000. 5 COMMISSIONER OEHLER: See, here's another part of 6 it. The back wall of this building is nothing but V-crimp 7 tin, and it has holes; you can see daylight. That's our 8 storage area. And it also periodically has where water gets 9 in there, and so that wall needs to be sealed up and 10 insulated, and that will take care of another problem. 11 MR. BOLLIER: Did you want to go ahead while we're 12 there, and go ahead and frame that in on the inside there? 13 COMMISSIONER OEHLER: Yes. 14 MR. BOLLIER: Okay. Do you want to take out that 15 old tin in the back? Or you want to leave that and just 16 frame out the inside and insulate it good and go on from 17 there? 18 COMMISSIONER OEHLER: I think do the inside, and 19 then do the -- whatever has to be done minimally to seal up 20 where the water can't get in. 21 MR. BOLLIER: Okay. 22 COMMISSIONER OEHLER: It's hard to do, because 23 there's no place for drainage there. It won't go around 24 either side of the building. I mean, it's just barely above 25 ground level. But, you know, do the best we can, at least 8-9-10 55 1 try to seal it up and insulate it. 2 COMMISSIONER BALDWIN: Hey, I think Jimmy will go 3 for this. I mean, it's an improvement. 4 COMMISSIONER OEHLER: Won't cost him any money. 5 COMMISSIONER BALDWIN: It's an improvement to his 6 facility, to his building. 7 COMMISSIONER OEHLER: Yeah, it is an improvement. 8 COMMISSIONER WILLIAMS: At no cost to him. 9 COMMISSIONER OEHLER: Not going to be -- not going 10 to hurt his value. 11 MR. BOLLIER: We have discussed it with -- with 12 Jimmy Priour, right? 13 COMMISSIONER OEHLER: I have not yet. 14 MR. BOLLIER: Okay. 15 COMMISSIONER OEHLER: You haven't, have you? 16 MR. BOLLIER: No, sir, I haven't said a word to 17 anybody. 18 COMMISSIONER OEHLER: I'll call Jimmy and talk to 19 him about it. 20 JUDGE TINLEY: Subject to that discussion, -- 21 COMMISSIONER OEHLER: Yes. 22 JUDGE TINLEY: -- you move approval? 23 COMMISSIONER OEHLER: I move approval. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE TINLEY: Motion made and seconded for 8-9-10 56 1 approval of the agenda item, subject to the landlord's 2 approval. Further question or discussion on the motion? All 3 in favor of the motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. Let's now 8 go back -- at this time, I will recess the Commissioners 9 Court meeting and go to a timed item, Number 7, and I will 10 now convene a public hearing regarding the creation of a road 11 district in Section 9 Castle Lake Ranch Subdivision, and 12 consideration of an order authorizing creation of a road 13 district there. 14 (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing was held in 15 open court, as follows:) 16 P U B L I C H E A R I N G 17 JUDGE TINLEY: Is there any member of the public 18 that wishes to be heard with regard to the creation of a road 19 district in Section 9 Castle Lake Ranch Subdivision, and 20 considering -- and in consideration of an order authorizing 21 the creation of a road district there? If so, please come 22 forward and give us your name and address. 23 MR. ENRIQUEZ: My name's Jaimé Enriquez. I live at 24 2222 Oilwell, Castle Lake, Pipe Creek, Texas. Basically, 25 I've just been working with Mr. Letz trying to find some 8-9-10 57 1 resolution to the maintenance problem I'm sure y'all are all 2 aware of for the years that we've been out there. I've 3 already spoke to the majority of all the landowners out 4 there. There are quite a few that are from out of town, from 5 out of state, that I cannot get ahold of. And I've got a 6 signed petition from as many people as I could. I don't know 7 who within this petition are registered. I know myself and 8 my wife are, and there are a couple people here also from the 9 area that would like to speak as well. But I do have a 10 signed petition from the majority that I could get ahold to, 11 of all the landowners in the area. We're just -- we've 12 already read the bylaws and the subdivision rules, and we 13 understand what those county standards are for the road. We 14 would like the roads to be brought up to those standards 15 under this bond issue, and under a road district. 16 JUDGE TINLEY: We'll get to the petition in the 17 next agenda item. 18 MR. ENRIQUEZ: Yes, sir. 19 JUDGE TINLEY: Is there any member of the public 20 that wishes to be heard with respect to the Castle Lake Ranch 21 Subdivision Road District? Seeing no one else -- yes, sir? 22 Come forward and give us your name and address; tell us what 23 you have to offer on that. 24 MR. TANKERSLEY: My name is Paul Tankersley of 146 25 Snake Road. I was interested in what exactly -- I haven't -- 8-9-10 58 1 I didn't know that the petition was available, but I was 2 concerned about all the details that all this would require. 3 When would we find that out? 4 JUDGE TINLEY: There will be some items that we're 5 going to cover here in just a minute that will have some of 6 that in there. 7 MR. TANKERSLEY: Okay, thank you. 8 JUDGE TINLEY: Is there any other member of the 9 public that wishes to be heard with respect to the Castle 10 Lake Ranch Subdivision road district? Seeing no one else 11 seeking to be recognized or coming forward, I will close the 12 public hearing regarding the creation of a road district in 13 Section 9 Castle Lake Ranch Subdivision, and consideration of 14 an order authorizing creation of a road district, and I will 15 reconvene the Commissioners Court meeting. 16 (The public hearing was concluded at 10:03 a.m., and the regular Commissioners Court meeting was 17 reopened.) 18 - - - - - - - - - - 19 JUDGE TINLEY: And we'll go to Item 8; consider, 20 discuss, and take appropriate action on accepting a petition 21 from the voters in Section 9 Castle Lake Ranch Subdivision 22 road district regarding the calling of a bond election in the 23 district. Commissioner Letz? 24 COMMISSIONER LETZ: Before -- in answer to 25 Mr. Tankersley, in view of his question, I'd like to kind of 8-9-10 59 1 explain the process, 'cause it is a confusing process. 2 MS. ALFORD: Can I ask a question back on the 3 public hearing on the order of creation of the road district? 4 I think you need to approve and make an order creating the 5 road district, before -- 6 JUDGE TINLEY: We had a public hearing only. 7 COMMISSIONER LETZ: I think the wording came 8 from -- there's an "and" in there, and I think it's -- Tom 9 Spurgeon wrote that agenda item. 10 COMMISSIONER BALDWIN: Which agenda item? 11 COMMISSIONER LETZ: Seven. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER WILLIAMS: Seven. 14 JUDGE TINLEY: That's why it was so stilted. 15 COMMISSIONER LETZ: Yeah. 16 JUDGE TINLEY: Let's go back to Item 7, and the 17 Court will bring up now for the Court's consideration, 18 consideration of an order authorizing creation of the Castle 19 Lake Ranch Subdivision Road District. 20 COMMISSIONER LETZ: Before I make that motion, let 21 me go ahead and just explain to the people in the audience 22 kind of the process that we'll be going through. The first 23 step is to create the road district, which we can do after 24 we've held the public hearing. Then we'll go on to the next 25 agenda item, which is accepting a petition to call for a bond 8-9-10 60 1 election, and then we'll set another public hearing about 2 that petition. The election will be held on November 4th, 3 the standard election date, and the amount it appears is 4 going to be $350,000, will be the amount -- the maximum 5 amount of the bonds, and that will be set forth in some of 6 this other information. At this point, what we're doing 7 really has no impact, and until the -- the election to issue 8 the bonds, there's no impact to the residents out there. 9 That's the critical point, is once that election takes place 10 to issue the bonds, that obviously does have some 11 consequences. It will increase the taxes to property owners 12 within the road district, and all of the actions until that 13 point are kind of just getting ready to -- for the election. 14 So, we're not really doing anything other than preparing to 15 be able to put this before the voters in -- or within the 16 boundaries of the subdivision, or of the road district. 17 Hopefully that explains that process a little bit. And we 18 have several -- 19 COMMISSIONER BALDWIN: These are the steps before 20 the actual election. 21 COMMISSIONER LETZ: Right. This is all created; 22 it's a very -- it's a regimented process which state law 23 identifies. And I've been -- I have been, and I know Diane 24 and probably Nadene, we've all been in contact with Tom 25 Spurgeon, and he is writing these agenda items and giving us 8-9-10 61 1 the direction to make sure that we're legally compliant. 2 With that being said, I'll make a motion to create the road 3 district. 4 JUDGE TINLEY: You're asking that the Court approve 5 an order authorizing creation of a district? 6 COMMISSIONER LETZ: Yes, sir. 7 COMMISSIONER WILLIAMS: Second. 8 JUDGE TINLEY: Motion made and seconded for the 9 approval of an order authorizing creation of the Castle Lake 10 Ranch Subdivision Road District. 11 COMMISSIONER LETZ: The County Attorney has a -- a 12 look on his face. Maybe we -- 13 MR. HENNEKE: Could we come back to that? 14 JUDGE TINLEY: Sure. 15 MR. HENNEKE: Just maybe temporarily. Nadene and I 16 are looking at something. 17 JUDGE TINLEY: Make sure the I's are dotted and T's 18 are crossed. 19 COMMISSIONER LETZ: Okay. 20 JUDGE TINLEY: Okay, we'll defer on that. Any 21 further action on that one? Let me go ahead and go to Item 22 10, which is also a 10 o'clock timed item, and dealing with 23 the annual renewal of the state case registry and local 24 customer service contract with the office of the Attorney 25 General. Ms. Uecker? 8-9-10 62 1 COMMISSIONER LETZ: Can we do 8? I don't see why 2 we can't accept the petition. After Ms. Uecker. 3 JUDGE TINLEY: Okay. 4 MS. UECKER: This is just an annual approval of the 5 state case registry contract from the A.G.'s office. It's 6 just something we have to do every year. I think you have 7 it. 8 JUDGE TINLEY: No change in terms? 9 MS. UECKER: No change in terms. It's a local 10 customer service contract, which means that we get paid for 11 customer service by phone or in person of the cases that fall 12 under the state's IV-D registry cases. 13 COMMISSIONER WILLIAMS: Move approval. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item, the state case registry and 17 local customer service contract. 18 MS. UECKER: Right. 19 JUDGE TINLEY: Question or discussion on the 20 motion? All in favor of the motion, signify by raising your 21 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. For the 8-9-10 63 1 record, I would like to note that during the course of the 2 public hearing, I was handed three written communications 3 from persons who either reside or represent to have an 4 interest in the area that would be encompassed by the 5 district. All of those that responded indicated they -- that 6 they were in favor of the creation of such a district. I'll 7 give those to the clerk to include in the record. Okay. Now 8 let's go to Item 8; to consider, discuss, take appropriate 9 action on accepting the petition from the voters in the 10 Section 9 Castle Lake Ranch Subdivision Road District 11 regarding calling a bond election within the district. 12 COMMISSIONER LETZ: Judge, I think we can go ahead 13 and accept the petition that Mr. Enriquez brought, and then 14 to hold off on 9 and calling another public hearing. I think 15 we can accept it. And -- do you have it, Mr. Enriquez? 16 We'll go ahead and accept it now. Then we'll probably just 17 hand it -- 18 COMMISSIONER OEHLER: Thank you. 19 COMMISSIONER LETZ: Okay. And I'll make a motion 20 that we accept the petition presented from the Section 9 21 Castle Lake Ranch Subdivision Road District. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: We have a motion and a second. 24 Question or discussion on the motion? 25 COMMISSIONER BALDWIN: This is not one of those 8-9-10 64 1 things where it requires 10 percent signatures of the -- 2 COMMISSIONER LETZ: Has to be a majority of the 3 registered voters. 4 COMMISSIONER BALDWIN: Very good, okay. 5 COMMISSIONER LETZ: Or all of the property -- or a 6 majority of the property owners, and I believe the route they 7 were going is the majority of the registered voters. 8 JUDGE TINLEY: Any other questions or discussion? 9 All in favor of the motion, signify by raising your right 10 hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 COMMISSIONER LETZ: Before we move on, I would like 15 to encourage -- because there are people in the audience from 16 the subdivision. If you're not registered to vote, I would 17 encourage you to get registered to vote, because only the 18 registered voters in Kerr County will be able to vote for the 19 -- on the election in November. And then we'll probably not 20 go to Number 9, but we will be setting another public hearing 21 under that item subject to the County Attorney, and that 22 public hearing will be on the 24th of this month. We'll have 23 to have a special meeting for that. 24 JUDGE TINLEY: With regard to those of you that 25 have a need to register to vote, if you'll go down to the Tax 8-9-10 65 1 Office -- Tax Assessor/Collector's office down at the end of 2 the hall, they can assist you there, okay? Anything else on 3 that one, Commissioner? 4 COMMISSIONER LETZ: I don't believe so. We -- 5 MR. ENRIQUEZ: So, the County Attorney -- he said 6 we were going to return, so we're going to return to the item 7 on the next hearing? Or today? 8 COMMISSIONER LETZ: It will be probably today. 9 There's -- I think there's a question on the way we worded 10 the agenda item, and I presume he went to talk to our legal 11 counsel, but y'all are welcome to stay put. I'll give you a 12 call, Mr. Enriquez. I know y'all have small kids here; y'all 13 may not want to -- you're welcome to stay. 14 MR. ENRIQUEZ: Y'all may not want us to stay. 15 COMMISSIONER LETZ: County Attorney's back. 16 MR. HENNEKE: Commissioners, we can -- we've had 17 the public hearing, and we can go ahead and vote on 1.8 and 18 1.9. But the consideration of the order authorizing the 19 creation of such a road district, that second half of 1.7, I 20 think, needs to be separately noticed, and we need to have 21 the notice of the consideration of the order, and I advised 22 we need to do that before August 24th, but that -- we're 23 going to be coming back here anyway by the 16th, so we can 24 just go ahead and notice and take action on that, but go 25 ahead and accept the petition, and set the public hearing 8-9-10 66 1 today. We'll just postpone the consideration and taking 2 action on the order. 3 COMMISSIONER LETZ: On the creation. So, we need a 4 separate agenda item in order to create the road district? 5 MR. HENNEKE: Yes. 6 COMMISSIONER LETZ: Okay. 7 JUDGE TINLEY: Okay. 8 MR. ENRIQUEZ: Might I ask for what reason we need 9 that? What is -- 10 COMMISSIONER LETZ: The reason is, the agenda item 11 was worded as one item, and I should have separated out a 12 separate agenda item to actually -- for us to take action on 13 creating the road district. 14 JUDGE TINLEY: The entire timetable will be 15 maintained, though, okay? Let's go ahead and do Item 9; 16 consider, discuss, and take appropriate action to set a 17 public hearing for the calling of a bond election in Section 18 9 Castle Lake Ranch Subdivision Road District. Commissioner 19 Letz? 20 COMMISSIONER LETZ: Judge, I visited with Tom 21 Spurgeon, and based on the time table and state law 22 requirements, we'll need to have a special meeting on the 23 24th of August for that public hearing. And the reason 24 being, there's -- you have to -- between the number of days 25 prior to election and notice periods and the way it all 8-9-10 67 1 works, so he said that that would be the requirement. So, I 2 would make a motion that we set a public hearing for the 3 calling of a bond election for Section 9 Castle Lake Ranch 4 Subdivision Road District for 10 a.m. August 24th. 5 COMMISSIONER WILLIAMS: Second. 6 JUDGE TINLEY: Motion made and seconded for setting 7 a public hearing on the matter for August 24th, 2010, 10 a.m. 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 does carry. Let's go to 14 our last 10 o'clock timed item, Item 11; to consider, 15 discuss, take appropriate action to approve a resolution 16 authorizing the issuance of approximately $235,000 in 17 principal amount of Lake Ingram Estates Road District 18 Unlimited Tax Refunding Road Bonds, Series 2010, authorizing 19 County Judge to approve all final terms of the bonds, 20 approving and authorizing the execution of all documents 21 related thereto, including a paying agent/registrar agreement 22 and a deposit agreement, calling certain outstanding bonds 23 for redemption, and approving all other matters related 24 thereto. Mr. Traylor, good to see you. 25 MR. TRAYLOR: Judge, good to see you as well. 8-9-10 68 1 Commissioners, good to see you as well. Again, for the 2 record, my name is Dusty Traylor with RBC Capital Markets. 3 And, Judge, I'm glad you had to read all that instead of me. 4 What you have before you this morning is an order authorizing 5 a refunding, but what it is doing is, the refunding has not 6 been -- we've not gone out and negotiated terms on the 7 refunding for Lake Ingram Estates. We are in the process of 8 going out, entering into negotiations with banks to look for 9 the best deal for financing for that. But what this order 10 does is it delegates the final authority to sign off on that 11 to the Judge so that we don't have to have another posting of 12 notice to have a full-blown meeting; we can just execute the 13 terms immediately. This is a pretty standard operation 14 proceeding for a refunding bond, just so that you can move 15 quickly when the market allows you to get the best interest 16 rates and the best terms. 17 What this -- what this refunding is for is to 18 refund the outstanding callable portion of the Lake Ingram 19 Estates road district bonds that were issued in year 2000. 20 Those bonds were originally issued at an interest rate of 9 21 percent. In today's current market, we feel like we ought to 22 be able to beat that. The bond market is considerably better 23 than that now. When the road district was created in 2000, 24 there was a tax base there of a little over a million 25 dollars. Well, that tax base has grown to over 7 million, so 8-9-10 69 1 hopefully we've got a little bit better credit that we can 2 take to the banks. In this environment, one structure that 3 we're looking at entails not just a simple refinancing and 4 lower rate, but also a shortening of the maturity structure. 5 This maturity structure was originally set out with 6 a 30-year final term, and in this refunding, we hope to be 7 able to shorten it to somewhere around a 10-year range. I 8 believe that's what has been discussed as kind of a medium 9 ground to be able to not have an enormous impact, or not to 10 have a -- not to have a tremendous impact on the current tax 11 rate out there, but to have a manageable increase in the tax 12 rate, but to get that debt paid off quicker. And we 13 currently estimate that by doing that, shortening that term 14 to 10 more years instead of 20 more years, we can save the 15 taxpayers in that entity approximately $149,000. It's about 16 a 20 percent, 25 percent savings on the refunding. It's a 17 tremendous amount of savings. So, that's what this order is. 18 And just to reiterate, the terms have not been finalized yet, 19 so this is something that we're working on, and we'll 20 continue -- we'll continue to do so. So, what this does is 21 just give you guys the authority to execute once it's done. 22 JUDGE TINLEY: Shortening of the amortization term 23 also gives you better opportunity to keep that rate lower, 24 too. 25 MR. TRAYLOR: It allows you to go out and you have 8-9-10 70 1 a better opportunity with the banking institutions. The 2 banking institutions, as you guys know, are a little leery of 3 long -- of longer-term structures right now. They want to 4 keep -- they want to keep structures shorter. So, to shorten 5 it up, we got a better story to present to the bankers to 6 say, "Hey, this is, you know, pretty good credit. You don't 7 have years and years of risk out there." So, that's exactly 8 right. 9 COMMISSIONER WILLIAMS: This doesn't have to go 10 back before the road district? 11 MR. TRAYLOR: This does not have to go back before 12 the road district. They authorized the bonds at the election 13 back in 2000. You have the ability to go out and refund them 14 at the authority of the Commissioners Court once that's been 15 done. 16 JUDGE TINLEY: I would hope that they would approve 17 of our action as being proactive, in the sense it's going to 18 save them about $150,000, mas or menos. 19 COMMISSIONER WILLIAMS: You would think so. 20 COMMISSIONER OEHLER: Wouldn't be beating our door 21 down to tell us, "Don't do this." 22 COMMISSIONER WILLIAMS: I would hope not. 23 COMMISSIONER OEHLER: I move approval. 24 COMMISSIONER WILLIAMS: Second. 25 JUDGE TINLEY: Motion made and seconded for 8-9-10 71 1 approval of the agenda item. Further question or discussion? 2 COMMISSIONER BALDWIN: I want to be clear about 3 what we're approving, though. It's simply that when the 4 final comes, that we can do it in here amongst Commissioners 5 Court without having another -- 6 MR. TRAYLOR: What this actually does, it allows -- 7 once you're -- once you're approved, this allows us to -- it 8 will give the authority to the Judge to execute the final 9 pricing documents to be executed, subject to parameters set 10 forth. 11 JUDGE TINLEY: In reality, the -- the financial 12 representative will -- will shop the market, try and find the 13 best deal, bring it to us. And based upon their 14 recommendation, my understanding is that it will just be 15 presented to me, and by the resolution, I would have the 16 authority to then approve it after they bring it to me. 17 COMMISSIONER BALDWIN: So it doesn't come back to 18 Commissioners Court? 19 JUDGE TINLEY: I don't think so. 20 COMMISSIONER BALDWIN: That's what we're doing; 21 we're bypassing that step. Okay. 22 MR. TRAYLOR: You're going through that step right 23 now. 24 COMMISSIONER BALDWIN: Exactly. 25 MR. TRAYLOR: In the order, it designates the Judge 8-9-10 72 1 as the -- 2 COMMISSIONER BALDWIN: Very good. 3 MR. TRAYLOR: -- designee. 4 COMMISSIONER BALDWIN: I like the saving money part 5 a lot. 6 COMMISSIONER OEHLER: I'm sure that the residents 7 out there do too. 8 COMMISSIONER BALDWIN: Yeah. 9 COMMISSIONER OEHLER: But, you know -- 10 COMMISSIONER BALDWIN: I had no idea that it's 11 grown that much, though. 12 MR. RUARK: I'm Ken Ruark. I live at 440 -- 13 JUDGE TINLEY: You want to come on up, Ken? 14 MS. HARGIS: He's responsible for this. 15 COMMISSIONER BALDWIN: You need something to stand 16 on so I can see you. 17 MR. RUARK: Oh, no. I'm Ken Ruark. I live at 440 18 Connie Lane, and I'm in the Lake Ingram Estates, and I 19 recently completed a house last year, and that's what started 20 all this. I've talked to a few of the residents there; they 21 fully support it. I can tell you that the condition of those 22 roads are excellent. Prior to my time, I guess you couldn't 23 even get back there, but -- so we are all in favor of it. 24 Personally, I've gone through my own personal finances with 25 what this would mean to me. It would save me about 10 to 12 8-9-10 73 1 thousand dollars, so I think it's well worth it, and it will 2 be the same for everybody. We're going to benefit, because 3 as new homes are built, assessed valuation also goes up; our 4 rate will come down a little bit. That will make everybody 5 happy. So, there's no objections as far as I know from any 6 of the property owners. 7 JUDGE TINLEY: Thank you, Ken. 8 MR. RUARK: Okay. 9 JUDGE TINLEY: Thank you for being here. Good to 10 see you. 11 MR. RUARK: All right. Nice to see you. 12 COMMISSIONER OEHLER: This also would allow the 13 Judge -- it could happen quicker. When they get a good rate, 14 it could be signed immediately and not have to wait for a 15 court date. 16 COMMISSIONER BALDWIN: Yeah, very good. I like it. 17 JUDGE TINLEY: Any other question or discussion on 18 the motion? All in favor of the motion, signify by raising 19 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. Thank you, 24 Mr. Traylor. 25 MR. TRAYLOR: Yes, sir. Thank you. 8-9-10 74 1 JUDGE TINLEY: Let's go to Item 25, if we might, to 2 consider, discuss, and take appropriate action regarding the 3 2011 Kerr Central Appraisal District operating budget. I put 4 this on the agenda. As I'm sure all of you recall, after the 5 Appraisal District adopts the budget, the various entities 6 that contribute to that budget have a period of 30 days in 7 which to disapprove it, and if we don't disapprove, it's 8 automatically approved. But before the budget can be kicked 9 back to them, there must be a majority of the -- of the -- of 10 the entities that contribute to that budget by contribution 11 rate to disapprove it. So, we're only one of several. And 12 so I put it on the agenda for your consideration so that, 13 should you desire to disapprove it, you may do so. 14 COMMISSIONER OEHLER: I move to disapprove, because 15 of the -- because of the pay raise increase they have in it. 16 COMMISSIONER BALDWIN: I'll second -- was that a 17 motion? 18 COMMISSIONER OEHLER: Yes. 19 COMMISSIONER BALDWIN: I second that motion. 20 JUDGE TINLEY: We have a motion and a second to 21 disapprove the 2011 Kerr Central Appraisal District operating 22 budget. Any question or discussion on the motion? 23 COMMISSIONER LETZ: A question on the -- on the pay 24 raises. They didn't -- the way I look at it, they didn't 25 do -- usually they have some pretty substantial increases. 8-9-10 75 1 COMMISSIONER WILLIAMS: 2 percent. 2 COMMISSIONER OEHLER: 2 percent. 3 COMMISSIONER WILLIAMS: Do they give a list, Judge? 4 COMMISSIONER LETZ: Which is -- to me, that's 5 basically a cost-of-living adjustment. 6 COMMISSIONER WILLIAMS: Well, the next -- next page 7 in what you're looking at, Commissioner, outlines the 8 increases, the highest being 2,600 -- 2,500, whatever it is. 9 COMMISSIONER LETZ: What I'm looking at, I see two 10 of them received a 10 percent increase, and the rest of them 11 received 1 or 2 percent. And the chief appraiser had no 12 increase at all. 13 COMMISSIONER OEHLER: Field appraiser's getting 6 14 percent, 10 percent on field appraiser RPA. Appraiser II, 15 2,500. Totals of all of that looks to me like $12,798. 16 COMMISSIONER WILLIAMS: That's what it says. 17 COMMISSIONER LETZ: I guess -- I mean, I'll 18 probably -- I think that they're -- where they have been, in 19 my mind, unreasonable in previous years, this to me does not 20 look like an unreasonable... 21 COMMISSIONER OEHLER: So, it's not that 22 unreasonable after the unreasonable? 23 COMMISSIONER LETZ: I look at the -- I mean, I 24 think that increases are very small. The reason they give 25 the RPA's for the -- two of the other appraisers the 8-9-10 76 1 increase, I'm not sure what the reason is, but we certainly 2 go in and make some adjustments occasionally. In the past 3 years, they've had pretty significant merit increases across 4 the board that I've just disagreed with and voted against, 5 but this year doesn't look that far out of line to me. 6 JUDGE TINLEY: I did not see a -- 7 COMMISSIONER LETZ: You know, it's odd to me that 8 they don't call it a COLA. Maybe it's so the chief appraiser 9 won't get it. 10 JUDGE TINLEY: The entire budget includes, 11 according to the cover sheet, a $5,211 reduction from the 12 prior year's budget, so the overall budget apparently was 13 down. What about our contribution, Ms. Hargis, of 191,051 as 14 proposed? Is that more or less than -- 15 MS. HARGIS: I think it's a little bit less. We 16 put in 195,000, so it's a little less. I think 192 is what 17 we had in there last year, so it's a little less. Not much. 18 JUDGE TINLEY: Any other question or discussion on 19 the motion? All in favor of the motion, signify by raising 20 your right hand. 21 (Commissioners Baldwin and Oehler voted in favor of the motion.) 22 JUDGE TINLEY: All opposed? 23 (Commissioners Williams and Letz voted against the 24 motion.) 25 JUDGE TINLEY: Chair votes in favor of opposing the 8-9-10 77 1 motion, so the motion fails to pass. Let's go to our 10:30 2 item -- or can we? I don't see Mr. Boccaccio here yet. 3 Let's go ahead and take about a 15-minute recess. 4 (Recess taken from 10:30 a.m. to 10:45 a.m.) 5 - - - - - - - - - - 6 JUDGE TINLEY: Okay, let's come back to order, if 7 we might. Let's go to Item 26; consider, discuss, take 8 appropriate action to dispose of 20 used Sheriff's Office 9 vehicles. 10 SHERIFF HIERHOLZER: 21, maybe 22. The bid was 21. 11 JUDGE TINLEY: Mas or menos? 12 SHERIFF HIERHOLZER: Yeah. They really don't 13 matter. We have a couple options. These are all the old 14 cars. They range anywhere from a 1993 van, which was an old 15 transport van we had, to a 2005 Ford Crown Vic. All of these 16 cars have anywhere -- the van actually only has 97,000 miles 17 on it, but it's a '93 and has been well, well used over those 18 97,000 -- up to 254,000. Five of these vehicles won't start. 19 Some have transmission problems. Some have broken radiators. 20 Some of them have all kinds of everything else that you can 21 imagine. These are all extremely well-used vehicles that I 22 wouldn't give you hardly anything for myself. I had Ford 23 come over -- Ken Stoepel did come over and look at them to 24 give us an estimate on what they would do. And what they 25 have is they have a 2007 Ford Taurus with 56,000 miles on it. 8-9-10 78 1 It's in excellent condition. I did go out and look at it and 2 test drove it. They also have a 2001 Mercury Marquis with 3 51,000 miles on it, and it's in excellent condition. And 4 what they would like to do is trade even those two vehicles 5 for all those things that we have sitting out there, which 6 would replace a couple of my old C.I.D. vehicles that have 7 way too many miles and don't run very well on those. 8 So, if you actually look at the price, the 9 price that they were asking for the two used vehicles that 10 they'd give us in trade, and what it would equal dividing it 11 out amongst all these cars, it's about $775 a car, whether 12 it's running or not. The shape that these old patrol cars 13 are in, I don't think that's that bad a deal. I could put 14 them on Gov.deals to see if we get any more, but I imagine 15 there's going to be four or five that we don't even get a bid 16 on 'cause they don't run. And I just -- I don't think that 17 we're going to be in that bad of shape taking that -- 18 COMMISSIONER BALDWIN: I think it's a heck of a 19 deal. 20 SHERIFF HIERHOLZER: The better ones that we did 21 have have already gone to Juvenile Probation, Adult Probation 22 or the different places here at the courthouse and that, but 23 these are just -- get rid of them. 24 COMMISSIONER BALDWIN: It just doesn't seem right 25 to hear you say some of my old vehicles. You couldn't 8-9-10 79 1 possibly have very many old vehicles out there. I mean -- 2 SHERIFF HIERHOLZER: Yeah, we do. 3 COMMISSIONER BALDWIN: Well, how many new vehicles 4 have we bought in the last couple years? 5 SHERIFF HIERHOLZER: Quite a few. 6 COMMISSIONER BALDWIN: Yeah, just amazing. 7 SHERIFF HIERHOLZER: You have to remember, I made 8 this Court an agreement when I first took office, Buster, 9 that all the new vehicles that we get go on patrol first, and 10 so that's what you're doing. You got about 20 of those on 11 patrol. We have close to 50 vehicles, and all they start 12 rotating down after that. So -- 13 COMMISSIONER WILLIAMS: Who gets the two newer 14 vehicles you're talking about? 15 SHERIFF HIERHOLZER: Two -- they're going to 16 Criminal Investigation. 17 COMMISSIONER WILLIAMS: Okay. C.I.D.? 18 SHERIFF HIERHOLZER: C.I.D. 19 JUDGE TINLEY: Did -- did the Ford rep make you a 20 cash offer -- 21 SHERIFF HIERHOLZER: No. 22 JUDGE TINLEY: -- on those? 23 SHERIFF HIERHOLZER: No. He did ask me how much 24 I'd pay them to haul them off, but -- 25 (Laughter.) 8-9-10 80 1 JUDGE TINLEY: Well, he's got his own wrecker. 2 That shouldn't be too much of a problem for him. 3 SHERIFF HIERHOLZER: But that's what we have. 4 JUDGE TINLEY: Did you suggest you'd like to hear 5 if he had a cash offer? 6 SHERIFF HIERHOLZER: No, never mentioned anything 7 about a cash offer. 8 JUDGE TINLEY: You were going to until he asked you 9 how much you were going to pay him to haul those off? 10 SHERIFF HIERHOLZER: Being quiet may be better. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER WILLIAMS: We have to declare these 13 surplus, do we not, first? 14 SHERIFF HIERHOLZER: Yes, you would. 15 JUDGE TINLEY: Not if you trade them. 16 SHERIFF HIERHOLZER: That's true. 17 COMMISSIONER WILLIAMS: Okay. 18 JUDGE TINLEY: If they're trade-ins, you don't have 19 to declare them surplus, I don't believe. 20 SHERIFF HIERHOLZER: Now, if I were to put them on 21 Gov.deals or something, yeah, I guess they would be. 22 JUDGE TINLEY: Yeah, sure. 23 COMMISSIONER BALDWIN: Now -- 24 COMMISSIONER LETZ: I just -- just make sure you 25 document the conditions of all those vehicles when it looks 8-9-10 81 1 like we're trading 20 for two, or 22 for two. 2 SHERIFF HIERHOLZER: That's what it looks like, and 3 that's pretty well what we're doing. But, you know, I'd be 4 more than happy to let anybody that wants go out there and 5 look at those things. 6 COMMISSIONER OEHLER: Well, if we had them crushed 7 and hauled off, or if we hauled them off to get them crushed 8 and got the money for the salvage, actual material would be 9 somewhere around a minimum of $3,300 up to about 4,500, would 10 be what you'd get for the whole shooting match. 11 COMMISSIONER BALDWIN: Oh, for the whole thing? 12 COMMISSIONER OEHLER: If you took them down and had 13 them crushed. 14 JUDGE TINLEY: But you'd have to get them there. 15 COMMISSIONER OEHLER: But you'd have to get them 16 there. And this -- what their price is, these two used 17 vehicles, their window prices on them are 17,000 total for 18 the two, okay, is what their window price is. So, you 19 know -- and some of these vehicles, windows won't roll down 20 any more; some of them are missing parts, because the Tahoes 21 were late coming in, so if we downed them, we kind of, you 22 know, took parts off one so that we wouldn't have to pay for 23 parts to keep another one going until the other vehicles got 24 on the road. 25 COMMISSIONER BALDWIN: Does these words in the 8-9-10 82 1 agenda item take care of this? "Dispose of 20 cars"? I 2 guess that's disposing, isn't it? 3 COMMISSIONER WILLIAMS: Trading is disposing. 4 COMMISSIONER OEHLER: You have to declare them 5 surplus. 6 MR. HENNEKE: I think -- 7 COMMISSIONER OEHLER: We're not declaring them 8 surplus? 9 MR. HENNEKE: I think it's sufficient to put the 10 public on notice the Commissioners Court has taken action 11 with regard to 20 used Sheriff's Office vehicles. 12 SHERIFF HIERHOLZER: It's 20 to 22. It's written 13 20 here. The bid that I actually have is -- or on their 14 written agenda, and -- not theirs, but their written 15 proposal, one is -- one, that they're giving plus 10 16 cruisers, and the other one is one they're giving plus 8 17 cruisers plus one old Dodge truck. The old Dodge truck is 18 one we inherited from the task force. That's the criminal, 19 all the same -- 20 COMMISSIONER OEHLER: I think you might put this 21 back on the next agenda and reword it. 22 COMMISSIONER LETZ: I don't think we -- you can't 23 trade more than 20. 24 MR. HENNEKE: That wouldn't hurt anything. 25 SHERIFF HIERHOLZER: Because of the agenda? I'll 8-9-10 83 1 tell them that and see if they'll hang on with those two and 2 keep the proposal the same. 3 COMMISSIONER LETZ: Yeah. 4 SHERIFF HIERHOLZER: Where I could -- 5 COMMISSIONER LETZ: It's -- on the hard trade, we 6 got to find two more vehicles. 7 JUDGE TINLEY: Yeah. 8 SHERIFF HIERHOLZER: Or tell them I can give them 9 20. 10 JUDGE TINLEY: And then what are they going to give 11 you for the other two? 12 SHERIFF HIERHOLZER: Then we'll see later what they 13 can give us for the other two. I can get that back on the 14 agenda if you want to approve 20. 15 JUDGE TINLEY: Thank you, Sheriff. Let's go to our 16 10:30 timed item now, if we might. We have with us today 17 Mr. Larry Boccaccio, Texas Association of Counties. The 18 10:30 timed item, Item 12, is a presentation on Texas 19 Association of Counties' safety awards for Kerr County and a 20 review of new safety work criteria for future years. Mr. 21 Boccaccio? 22 MR. BOCCACCIO: Good morning, Judge. 23 JUDGE TINLEY: Good to see you. 24 MR. BOCCACCIO: Sorry for being a little late. 25 It's just no matter what time I try to get out of Austin, it 8-9-10 84 1 never just ceases to amaze me; there's traffic. 2 JUDGE TINLEY: Getting out of Austin is what's 3 important, though. 4 COMMISSIONER BALDWIN: Yeah. 5 MR. BOCCACCIO: That's true. 6 COMMISSIONER OEHLER: I would think you'd want to 7 get up at the crack of dawn before and get out of Austin. 8 MR. BOCCACCIO: Well, I have -- actually, I have 9 several things here. I have two safety awards. I'm kind of 10 negligent here; I have 2008's safety award too. (Laughter.) 11 Yeah, I know it's 2010. 12 COMMISSIONER WILLIAMS: It was tough getting out of 13 Austin, huh? 14 MR. BOCCACCIO: Yeah. So, real quickly, the 15 criteria that we use to select the safety awards has changed, 16 and it's -- it's putting some of the burden back on the 17 counties, especially for those that -- that want to receive a 18 safety award. For the last, oh, I'd say 10 years or so, it's 19 just -- there hasn't been really any concrete criteria to 20 choose from, and that's part of what I brought along, is the 21 2011 criteria. But we've got a 2008 and 2009 safety award, 22 so if -- did y'all want to do a picture? 23 COMMISSIONER BALDWIN: Is there any cash along with 24 this stuff, Larry? 25 JUDGE TINLEY: Not this time, unfortunately. 8-9-10 85 1 COMMISSIONER BALDWIN: Not this time? 2 MR. BOCCACCIO: Buster, I'm broke. So, that -- you 3 know, there has been some talk about that. You know, and as 4 far as the actual -- I guess you could call it a rebate, what 5 TAC did, there was about $10 million that rebated back to the 6 counties out of the risk management fund. So, kind of long 7 and short, yeah, there's -- there's money back, but it's kind 8 of hidden. 9 COMMISSIONER BALDWIN: Yeah, I understand. 10 MR. BOCCACCIO: No big -- 11 JUDGE TINLEY: Got a pretty nice credit on our 12 worker's comp here not too long ago, and we've gotten some 13 decent checks. 14 COMMISSIONER BALDWIN: Mm-hmm. 15 JUDGE TINLEY: Straight cash awards. 16 MR. BOCCACCIO: Yeah. 17 JUDGE TINLEY: As a result of safety awards. And 18 also, if you'll recall, Commissioner, a number of years ago 19 we had some difficulties, and we were in effect classified 20 administratively, and also in our field operations, and it 21 was through Mr. Boccaccio's help that he helped us -- he held 22 our hand as we went through the Worker's Compensation 23 Commission in order to get rid of that classification -- that 24 high-risk classification. That was the road back to where 25 we've come primarily on our worker's comp risk. 8-9-10 86 1 MR. BOCCACCIO: Absolutely. 2 JUDGE TINLEY: We've saved a tremendous amount of 3 money as a result of Mr. Boccaccio helping us through that 4 program to get rid of those high-risk classifications, and 5 it's resulted in -- I don't know what the total dollar amount 6 is; if you'd look at -- it's kind of hard to compare apples 7 to apples, but it's several hundred thousand dollars. 8 COMMISSIONER BALDWIN: Mm-hmm. 9 MR. BOCCACCIO: Y'all have come a long way since 10 I've been working with you. So... 11 COMMISSIONER BALDWIN: Larry, you want to come up 12 here? There is a camera in the audience. 13 MR. BOCCACCIO: Sure. 14 COMMISSIONER BALDWIN: Can we all fit in it? 15 COMMISSIONER WILLIAMS: Suck it up. (Laughter.) 16 MS. PIEPER: Jon, turn those lights off behind you. 17 COMMISSIONER WILLIAMS: Get over here. 18 AUDIENCE: Unscrew the bulb. 19 MS. VAN WINKLE: Just stand right in front of the 20 lights. 21 COMMISSIONER BALDWIN: This is a safety award and 22 you want me to unscrew the bulb? 23 MS. VAN WINKLE: Stand right there. That would be 24 good right there. 25 COMMISSIONER BALDWIN: Does it look like a halo? 8-9-10 87 1 COMMISSIONER WILLIAMS: Not exactly. 2 MR. BOLLIER: Horns, Buster. Horns. 3 COMMISSIONER BALDWIN: Horns. 4 MS. ARNOLD: She can go first. 5 MS. VAN WINKLE: No, you go. 6 MS. ARNOLD: Are you sure? 7 JUDGE TINLEY: All right. Okay. 8 MS. ARNOLD: I tell you what would help, if each of 9 you take about two steps to your left, and Buster will be out 10 from in front of that light. Shift that way. The other 11 light's not shining. 12 MS. VAN WINKLE: All go to your left. 13 COMMISSIONER BALDWIN: It kind of looks that way 14 without the light. 15 JUDGE TINLEY: Are you ready to go? 16 MS. ARNOLD: Yes, I think that'll do it. Okay. 17 MS. VAN WINKLE: All right. Three, two, one... 18 It's okay. I'll -- I don't know. My camera, I think -- I 19 think my battery just went out. 20 MS. ARNOLD: You want me to send you one? 21 MS. VAN WINKLE: Yeah. 22 MS. ARNOLD: Let me take one just for Irene. 23 MS. VAN WINKLE: Thank you. Don't blink. 24 COMMISSIONER OEHLER: All right. 25 MR. BOCCACCIO: Now, I've got -- I've got one more 8-9-10 88 1 award. I just came with a whole bag of tricks here. 2 MS. VAN WINKLE: You should have done them all. 3 MR. BOCCACCIO: It's okay. This award, wherever it 4 went, is -- it's an individual award. And what TAC asks us 5 to do, out of the, oh, 200 and roughly 11 entities that are 6 in the worker's comp pool, the safety guys, and there's four 7 of us, we have to choose one individual each year that has 8 really contributed to safety and loss control and helped the 9 county in which they reside get -- get the program going. 10 And I chose Eva Hyde for 2009. (Applause.) And it's -- it's 11 called a "Making a Difference" award, folks, and it really 12 does just that. So, come up here, and... 13 COMMISSIONER OEHLER: Get a picture of that, too. 14 MR. BOCCACCIO: Yeah, absolutely. Come on. 15 COMMISSIONER OEHLER: I don't know how red on the 16 face shows up in the picture, but -- 17 JUDGE TINLEY: Just like red in the hair, right? 18 MR. BOCCACCIO: We're going to hug. 19 MS. ARNOLD: Okay. 20 MR. BOCCACCIO: Okay. Now, real quickly, the 21 safety award criteria for next year, and I'm just going to 22 kind of buzz through this. A lot of this you already meet, 23 so it's not really any kind of a challenge. It's just 24 formalizing what's there. You have to pass a safety 25 resolution. You have to have a loss ratio of less than 75 8-9-10 89 1 percent, which that's not a problem. There has to be a 2 current accident prevention plan in place, a seat belt 3 policy, and then some required training as far as hazard 4 communication, which is chemical safety, bloodborne 5 pathogens, and then C.D.L. drug testing. So, really, those 6 are the five criteria that we're looking at for 2011. Now, 7 it's kind of a transition year, so it's not all written in 8 stone, so to say. But -- well, when '12 rolls around, this 9 will really be formalized, but like I say, it's kind of a 10 transition year, so bear with us. I'm going to walk Eva 11 through the -- the basics of getting this done. And it's 12 really to encourage more counties to participate in this, and 13 to hopefully lower some of the losses out of the risk 14 management pool and save employee lives. Okay? 15 COMMISSIONER BALDWIN: Very good. 16 JUDGE TINLEY: Thank you, Mr. Boccaccio. 17 MR. BOCCACCIO: You're welcome. 18 COMMISSIONER WILLIAMS: Thank you, Larry. 19 MR. BOCCACCIO: Sorry for being late. 20 JUDGE TINLEY: We appreciate the help of you folks 21 over at TAC as usual. Okay, let's move to Item 27, if we 22 might. Thank you, sir. 23 MR. BOCCACCIO: You're welcome. 24 JUDGE TINLEY: Consider, discuss, take appropriate 25 action to approve the use of $5,000 from Fund 28 for eDoc to 8-9-10 90 1 scan and index 22 volumes of microfilm images of death and 2 military discharge records that are not backed up and are 3 turning dark. Ms. Pieper? 4 MS. PIEPER: Judge, that just about says it. I've 5 talked with the Auditor, and we do have that money in Fund 6 28. Our vital records are in, like, five different 7 locations. It's taken me a while to find out what's what and 8 what the previous clerk did, but I'm just about to get a 9 handle on it. But considering these are vital records, I 10 need to get these scanned and indexed into the computer as 11 soon as I can. 12 COMMISSIONER WILLIAMS: Move approval. 13 COMMISSIONER OEHLER: Second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval of the agenda item. Question or discussion? All in 16 favor of the 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. Let's go -- 21 we've got an 11 o'clock timed item here somewhere. Item 20, 22 to consider, discuss, and approve additional use of a portion 23 of the unexpanded portion of the Kerr County Sheriff's Annex. 24 High Sheriff. 25 SHERIFF HIERHOLZER: Yes. And Peter is -- I think 8-9-10 91 1 I did attach one backup to this that you should have. Peter 2 has -- Peter Lewis has another one. Primarily, I will let 3 Peter explain what we'd like to do, and then I will mention a 4 little bit on some of the funding part of it. 5 MR. LEWIS: Morning, Judge, Commissioners. You 6 have in front of you just a concept -- a schematic of the use 7 of half of the remaining unfinished space at the Sheriff's 8 Annex, and it's roughly a 40-by-40 space. And the Sheriff 9 had asked me to do a nominal amount -- a little finish-out 10 plan to divide that space in half, and that's what you see 11 before you. What we've taken into account here is that it's 12 generally a painted finish space on all the walls. We've 13 done a demising wall between the future -- the unfinished 14 side. We're providing air conditioning, heating/cooling in 15 there. And in order to satisfy some requirements of the fire 16 marshal, we'll be -- have extended some duct work through the 17 demising wall to keep the adjacent unfinished space 18 temperature so that the sprinkler risers don't freeze. I 19 have visited with the building official on Friday about this. 20 We have a single exit out of here. He's fine about that. It 21 would be a sprinkled space, just exposed concrete, not -- 22 there's not a lot of -- not a lot of architecture to it, but 23 just something that the Sheriff can use and they can use for 24 fitness equipment. There would be a freestanding rack in the 25 middle of the -- of here that would be -- it would have all 8-9-10 92 1 the universal equipment that they have, and pretty simple. 2 That's my story. There's not much more to it. 3 SHERIFF HIERHOLZER: Okay. Second half of this is 4 this would be accessible for all Kerr County employees, not 5 just Sheriff's Office. We've already got a bid on putting a 6 keyless-type entry using either the card or a key pad, 7 depending on how we want to do that, to where other employees 8 can have a combination to get in there after hours, including 9 some of mine. As I've told you in the past, I do have two 10 people that are now even actually simulating teaching classes 11 that are certified personal trainers, and we will be 12 conducting the classes. This goes along with the fitness 13 primarily for the Sheriff's Office that we're looking at, but 14 just to kind of make a good total wellness type fitness 15 center for the employees. 16 Now, the cost of this, the air-conditioning and 17 heating I know is one thing that there's even been some 18 discussion on the current building, which may -- something 19 may have to be done to satisfy the fire marshal or whatever, 20 even if we don't get this half of this space. Just the way 21 it is. But what I would -- I would like to see primarily is 22 that the -- the estimate -- and Peter thinks we can even come 23 down lower to doing everything, finishing it out. No -- no 24 fitness equipment, just all the finish-out of the room. The 25 one estimate we got is 43,000 to do it all. Peter thinks we 8-9-10 93 1 can probably cut that a little bit, too. 10,650 of that is 2 just for the air conditioning and heating, and then there's 3 even another 7,000 that's -- the biggest part of that was for 4 painting. I think we can -- we can work on that. 5 What I'd really like is, out of the unexpended 6 funds -- and I think Jeannie can say what they have -- is 7 that the County finish this out since this isn't mine 8 permanently and forever, just for the Sheriff's Office. That 9 would leave me enough, as Bruce pointed out earlier, in my 10 seizure account to purchase the equipment, the pads and that 11 that would have to go into it. Otherwise, I will have to 12 finish it out with the seizure account, and we'll have to do 13 some collections and donations to be able to get the proper 14 equipment that needs to be put into one of these for us for 15 the entire county. The one thing that I would state, as far 16 as Sheriff's Office employees, our fitness program is going 17 to be a mandatory-type program for all the officers and 18 jailers, and where the County has authorized -- and I think 19 this year up to even $50 a month reimbursement if they're 20 going to a fitness center like Ultrafit or -- or True Fit or 21 any of those, I would say that the Sheriff's Office employees 22 are -- would not be eligible for that, because they will have 23 access to a -- a professional type center and a good center, 24 and access to the training and that for that. So, all my 25 employees or Sheriff's Office employees would be given the 8-9-10 94 1 opportunity to do this and no longer be eligible for that 2 $50. 3 JUDGE TINLEY: How many do you have out there now? 4 Do you know, approximately? 5 SHERIFF HIERHOLZER: How many are actually using 6 it? 7 JUDGE TINLEY: On the wellness compensation. 8 SHERIFF HIERHOLZER: A lot of us haven't put in for 9 it any more, but there's about 14 that are currently using 10 the deal at centers and that. But a lot -- 11 COMMISSIONER BALDWIN: Fourteen of your employees? 12 SHERIFF HIERHOLZER: Yes, that are using it. And 13 then there's some that are going other places, but they 14 aren't putting in for the -- the deal. There's some that are 15 going down -- one's using some equipment they have down in 16 Center Point area, things like that, that they're putting in. 17 COMMISSIONER WILLIAMS: How will you equip this 18 room? 19 SHERIFF HIERHOLZER: I will equip it with -- I 20 don't -- and I hate to use this as an example, but he does 21 have good equipment. There will be a professional stationary 22 bicycle in it that does give you better readout. There will 23 be just a couple of -- of actual weight-type machines. We're 24 not -- I'm not in this as a bodybuilding or weights. It's a 25 fitness -- an overall fitness. So, there are some of that. 8-9-10 95 1 There will be an elliptical in it and some treadmills in it 2 that are professional and can take the long-term stuff. In 3 the center of the room will be a -- about a 26 by 25 or so 4 mats that are on the floor, padded mats, with beams up above 5 so that you use what's called the TRX devices. They're kind 6 of straps where you use your own body weight to help pull. 7 This is -- and it does a lot more of your true fitness type 8 stuff, and not -- 9 COMMISSIONER WILLIAMS: The equipment's already 10 on-hand, or to be acquired? 11 SHERIFF HIERHOLZER: No, these -- all the equipment 12 will be acquired. And that's what I'm saying; if the County 13 were to furnish -- or finish out the bidding, I could acquire 14 the equipment instantly. If the County doesn't and I need to 15 use seizure funds to finish out the building, then I'm going 16 to have to do some type of fundraiser or donations or 17 something to be able to get the equipment. 18 COMMISSIONER BALDWIN: Well, the straps are 125 19 each, or something each? 20 SHERIFF HIERHOLZER: Each. 21 COMMISSIONER BALDWIN: I'll buy one. 22 SHERIFF HIERHOLZER: See, some of those -- okay, 23 what I'm looking at -- you know, we've had people that say, 24 well, they'll offer to donate their stationary bicycle. 25 That's not the type of equipment we can use. We need -- 8-9-10 96 1 COMMISSIONER BALDWIN: Garage sale. 2 SHERIFF HIERHOLZER: We need to have -- so what 3 we'd have to do is go about getting a fundraiser for money 4 and that to be able to purchase the correct equipment. 5 COMMISSIONER LETZ: What does the finish-out 6 entail? What are we getting for 43,000? 7 SHERIFF HIERHOLZER: Well, Peter can tell you. 8 Getting air conditioning/heat. You're getting the risers 9 turned on, the fire -- the sprinkler system. It is giving 10 drywall, 'cause there's drywall in there, okay, and in that 11 room separating the current finished one. The drywall, 12 painting. The flooring is just sealing that concrete, 13 painting it. The other thing -- 14 MR. LEWIS: The lighting. 15 SHERIFF HIERHOLZER: The lighting. 16 MR. LEWIS: Just industrial fluorescent. 17 SHERIFF HIERHOLZER: Electrical all the way around. 18 You have plugs all the way around, which do you not have. 19 JUDGE TINLEY: Keypad. 20 SHERIFF HIERHOLZER: Housekeeping, clearing. 21 Concrete work, 'cause that center trough does have to be 22 filled in when they add that. And -- 23 JUDGE TINLEY: Wait a minute. Hold it. 24 SHERIFF HIERHOLZER: It's not filled in totally on 25 the bid. It's 5,200 on this for concrete. 8-9-10 97 1 JUDGE TINLEY: Okay. You're taking up half of it, 2 then, okay. 3 SHERIFF HIERHOLZER: Right. Right. Okay. And 4 then rough-in carpentry. You're getting the studs where they 5 use those like they did, or whatever that is all the way 6 around on the outside of that -- 'cause all you have on the 7 outside right now is just the beams and insulation, 8 basically. You have no wall supports or anything else there. 9 JUDGE TINLEY: What do you have -- what do you have 10 in your donation account now? 11 SHERIFF HIERHOLZER: Donations, I really will have 12 to look. I don't know what we have in those. We normally 13 use those for specific things. Now, we have had somebody 14 already give us $100 for -- to go for equipment in this. 15 JUDGE TINLEY: You got 125 right over here. 16 SHERIFF HIERHOLZER: Yeah. That helps. 17 JUDGE TINLEY: That's a subscription. I don't 18 know -- how you collect it is up to you at this point. 19 SHERIFF HIERHOLZER: That's going to be the fun 20 part. I know Buster. 21 COMMISSIONER BALDWIN: Sure, that's part of life. 22 SHERIFF HIERHOLZER: And just, you know, one of his 23 old ropes doesn't work for that type of equipment. 24 JUDGE TINLEY: You mentioned that you have at least 25 two that are certified trainers? 8-9-10 98 1 SHERIFF HIERHOLZER: Yes, I do. 2 JUDGE TINLEY: Would those individuals be available 3 for consult to Kerr County employees other than S.O. people? 4 SHERIFF HIERHOLZER: Yes, they would. Because 5 there is a lot to that, and I think just to go along with 6 Eva's deal, one thing that I would very strongly recommend -- 7 and I found a whole lot of my employees don't do it, you 8 know. The -- the health insurance we have now currently 9 gives all the employees, you know, a wellness checkup at the 10 beginning of each -- you know, you get one a year, okay, to 11 go get a physical, get your blood work, get all that done. 12 Just since we have really started doing this and employees 13 have started realizing we're going to have a mandatory 14 program, and they've started going to get that done, the 15 amount of issues that we have found that employees could 16 correct, okay, and are in the process of correcting 17 health-wise has been phenomenal, the number of employees that 18 currently have issues that we need to get corrected. And one 19 of the things that we would recommend, and those certified 20 trainers would recommend to anybody wanting to come to them, 21 we're not going to start them on any type of physical fitness 22 program unless you know what their status is, you know. So 23 it would encourage county employees to use that portion of 24 their health insurance, okay, or the benefit program for the 25 health insurance, which I think will go a long way with 8-9-10 99 1 correcting some problems that could be future serious 2 problems health-wise, and it will get us all started on a 3 good fitness program. 4 COMMISSIONER OEHLER: How are these trainers going 5 to be compensated? 6 SHERIFF HIERHOLZER: They're going to be -- what I 7 envision us doing is trying to give them -- I've got -- one 8 of them would volunteer all the time in the world they want 9 to do. But what I'd like to do is set it up to where at one 10 hour a day, during -- during most of the days of the week, 11 they are allowed to go over there and teach a class, so that 12 would be two different times, okay? Most of that's in the 13 evenings. You're going to have to work out your lunch 14 periods and things like that over here. A lot of the other 15 ones is they -- like a lot of my employees right now have 16 just gone to them and sat down talked to them and said, "What 17 do I need to do?" We figure it out that way without using 18 much of their time. 19 JUDGE TINLEY: But there'll be restricted hours for 20 the ladies? 21 SHERIFF HIERHOLZER: No, not -- not restricted. 22 There will be some that, if they would rather do it at 23 certain times, we'll set aside so they can do it without a 24 bunch of guys in there either. 25 JUDGE TINLEY: Well, I mean restricted -- 8-9-10 100 1 SHERIFF HIERHOLZER: Just set up a program. It 2 works out, 'cause there's a lot of people that may want to go 3 over there during lunch, especially courthouse employees, so 4 that it wouldn't be available for my employees or something 5 like that to do it. In other words, and Buster can tell you, 6 groups doing it together as a group is 1,000 percent better. 7 You know, people encourage each other; people talk to each 8 other. It's not anything of making fun of someone or 9 anything. It's a total encouragement on health, and it does 10 help doing them as groups. And that's the type of setup 11 we're really saying. 12 COMMISSIONER BALDWIN: It's the number of 13 repetitions. 14 SHERIFF HIERHOLZER: Yeah, it's little weights. I 15 mean, you know, I've had a 3-pound weight really, you know, 16 wear you down in a hurry, okay, just because of the number of 17 repetitions you use. You know, it will have the keyless 18 entry card, the type entry where once people do learn how to 19 use the equipment correctly and are trained on that, they're 20 more than welcome to go over there at different hours and use 21 the equipment, whether it's at night or during the day. 22 COMMISSIONER WILLIAMS: There's no need for a 23 restroom facility or a dressing room facility? 24 SHERIFF HIERHOLZER: We have -- inside our main 25 facility, okay, inside the current Sheriff's Office front, 8-9-10 101 1 okay, in the administrative part is men's and women's 2 restrooms with lockers and showers, so if they want a shower, 3 that's where I envision that being done. The other facility 4 at the annex itself, as you well know, in it there are 5 several restrooms facilities. Not showers, but restroom 6 facilities and water facilities available in there. So, I'm 7 not -- not interested in providing all that in there. 8 COMMISSIONER WILLIAMS: Okay, thank you. 9 JUDGE TINLEY: Ms. Hargis, from a funding 10 standpoint, how much has he got in his donations account? He 11 never did tell me. 12 SHERIFF HIERHOLZER: You said donations, and I said 13 I don't know offhand. 14 MS. HARGIS: I don't know offhand right now either. 15 JUDGE TINLEY: Okay. Have you got a ballpark? 16 MS. HARGIS: No. We changed -- we just changed all 17 that around not long ago. We really did. 18 JUDGE TINLEY: Okay. 19 SHERIFF HIERHOLZER: I can tell you in my seizure 20 account, not donations -- the wording -- I do have plenty of 21 money that I could do this. I hate to use the seizure 22 account for this. I would rather use the seizure account for 23 the equipment that goes into it so I don't have to go out to 24 the public and try and raise all that kind of money, and use 25 the seizure account for other situations, as I can tell you 8-9-10 102 1 we're going to have, with how close we cut the budget this 2 year. And even finishing out this current year, we are using 3 that seizure account for quite a bit of that. We have -- 4 Clay has one deal -- you know, all the UPS's, the battery 5 backup systems at all our towers are now 10 years old, 'cause 6 our radio system's 10 years old. That has gone out. That 7 total price of replacing those batteries in those UPS's, by 8 the time it's finished, is going to run me anywhere from 9 $8,000 to $10,000. I have not come to this Court and asked 10 for it. That's something that the seizure account is paying 11 for, and we've used a lot of the things that the Court hasn't 12 seen. 13 JUDGE TINLEY: How much -- how much are you 14 planning on needing to spend on equipment? 15 SHERIFF HIERHOLZER: Some of those pieces of 16 equipment, professional, can run $5,000 to $6,000 a piece, 17 okay? The mats themselves, and with the size that it will 18 take, I think the current ones over at José's are -- there's 19 26 mats on his, and this is a little bit bigger than that. 20 The mats run over $200 a piece. That's why I'm saying I need 21 that funding for the equipment. 22 JUDGE TINLEY: Don't you have a ballpark on the 23 equipment and mats and whatnot? 24 SHERIFF HIERHOLZER: I haven't priced it all. I'm 25 guessing that to probably equip it is probably going to be 8-9-10 103 1 just about the same as this. 2 JUDGE TINLEY: 40,000? 3 MS. HYDE: Yeah. Yeah. 4 SHERIFF HIERHOLZER: Equipment is not that cheap. 5 That's why I would rather what's left in the building fund 6 help take care of this rough-out, since that's Kerr 7 County's -- wherever, and we'll take care of equipment, and 8 the equipment's available for all the employees of the 9 county. 10 COMMISSIONER BALDWIN: You -- 11 COMMISSIONER OEHLER: Instead -- go ahead. 12 COMMISSIONER BALDWIN: Well, you're going to 13 require all your employees to participate in this thing? 14 SHERIFF HIERHOLZER: Yes. What we're having, as 15 you well know, considering the budget process, is the studies 16 are come -- are going to come in right after budget's 17 approved; we'll start on that. But there will be mandatory 18 requirements for health for my employees. Now, if somebody 19 is already healthy and they can pass what our yearly 20 requirements are going to be, whether you go with a jailer or 21 a deputy, okay, and they don't want to come out there and -- 22 and work out, as long as they can pass what those mandatory 23 annual fitness requirements are, that's up to them. I'm not 24 going to say you have to -- 25 COMMISSIONER BALDWIN: Okay. So, if you were going 8-9-10 104 1 to require everybody to do it, would that include the chief 2 deputy? 3 SHERIFF HIERHOLZER: Yes. 4 COMMISSIONER BALDWIN: Now, here's the cost 5 savings, maybe. If I get my way in the budget this 6 afternoon, you may not have one. 7 SHERIFF HIERHOLZER: I'm not commenting. His 8 office is next to mine, Buster; I got to be careful. I think 9 this will be something that -- you know, Kerr County has 10 never had a good fitness program. They've started with what 11 Eva's done and got a lot of us into -- into doing things at 12 Ultrafit and that. She started with some wellness stuff. 13 But we have found people that -- you know, like Type 2 14 diabetic, but then through correct diet and exercise, are now 15 no longer diabetic; people have been on high cholesterol 16 that's costing this county. I don't see this in any way 17 other than a win-win for the county as far as fitness of 18 employees. And then we do have the other issue that -- and 19 other sheriffs and us have been talking, and you'll see it -- 20 Legislature looked at it, D.P.S. has looked at it. More and 21 more of the lawsuits against departments, okay, are coming 22 from what they call negligent retention, which is negligently 23 retaining employees, whether they be deputies or jailers, 24 that physically could not do the -- the job duties that 25 they're assigned to do because of health. And I think these 8-9-10 105 1 are all -- this is all one big picture. I think that can 2 help us all. 3 COMMISSIONER OEHLER: This allocation of space 4 isn't going to affect other plans for -- 5 JUDGE TINLEY: No. The -- when the Sheriff first 6 brought this to me, I told him right up front that it would 7 be -- you know, if we had another use, it would be temporary, 8 and we would -- he'd, of course, have some degree of notice, 9 90 days, maybe longer, if we would have to transition 10 somebody in there. But he understands that. 11 SHERIFF HIERHOLZER: And it would still leave half 12 of it for storage or whatever also. This is only using half 13 of that unexpanded -- 14 COMMISSIONER WILLIAMS: Nothing that we do here 15 would preclude using the entire space upon notice later if we 16 needed to do so? 17 JUDGE TINLEY: The entire space? No. Or -- or the 18 other -- the other half concurrently with his program going 19 forward -- the Kerr County program going forward. 20 SHERIFF HIERHOLZER: Kerr County program going 21 forward. I'll be honest; I hope we get to keep this space 22 for a while, 'cause I think once it's used and the county 23 employees see the benefit -- and I know my department would 24 be beneficial for long-term, but it does leave half of it for 25 storage and whatever right off the bat. 8-9-10 106 1 JUDGE TINLEY: You had mentioned that some of your 2 officers, in getting geared up for this sort of thing, 3 discovered some health issues that they weren't aware of? 4 SHERIFF HIERHOLZER: Yes. 5 JUDGE TINLEY: Those were health issues that, had 6 they not been aware of them, and had their activities been 7 not what they should have been to contend with that, could 8 have cost us some pretty serious money on our health benefits 9 plan? 10 SHERIFF HIERHOLZER: One was high blood pressure 11 that they weren't aware of. One had a heart condition that 12 they weren't aware of, okay? Did a lot of tests. And these 13 came up, you know, because they were getting ready to start 14 doing this type of wellness stuff and decided to do it. 15 MS. HYDE: Two that were Type 2 borderline going 16 over. 17 SHERIFF HIERHOLZER: And two others that were Type 18 2 borderline diabetic going over. Diet took care of that. 19 You know, it's -- I've been here 30 years, and I'll be 20 honest; the first physical I had with this department was -- 21 was probably within the last 10 or 15 of it, all right, that 22 I got into it. But it has really opened my eyes to how 23 beneficial this can be for all of us. 24 COMMISSIONER LETZ: How much -- do we have funds in 25 the capital account? 8-9-10 107 1 MS. HARGIS: Well, the building was at a million, 2 five, and the contract was only, what, 795. We've got some 3 change orders. Probably going come out about a million, I 4 think. May be close to a million. 5 COMMISSIONER LETZ: But we keep on -- we keep 6 spending -- 7 COMMISSIONER OEHLER: Whittling away. 8 COMMISSIONER LETZ: Whittling away at it. We have 9 some property we're looking at in east Kerr County. We got a 10 fence around the jail. I just want to make sure we're not 11 getting too close. There is -- 12 COMMISSIONER OEHLER: I think we need to figure out 13 a way to finish that out for possibly less than what's been 14 projected using some community service. And we're not 15 talking about anything that -- except I know Peter doesn't 16 like that, but -- 17 SHERIFF HIERHOLZER: No. Actually, Peter and I 18 have been talking about ways -- 19 MR. LEWIS: Trying to -- and so that anything you 20 do now, you won't have to undo if you do expand into that 21 space. All the things we're doing are additive, and it's 22 very basic. And I've been approached by a couple different 23 smaller contractors here interested in doing something like 24 this, and that might be an option for the Sheriff's Office 25 and the County to work with someone on that kind of basis, 8-9-10 108 1 and I think it's probably small enough that you have the 2 flexibility to be creative that way. 3 COMMISSIONER OEHLER: I would encourage that to 4 happen, because there's some small contractors that need some 5 work, and they will work for the -- you know, not the same 6 that they used to work. 7 MR. LEWIS: And still do a professional quality 8 job, so that whoever picks it up the next time doesn't have 9 to redo it, or even be critical of it. 10 SHERIFF HIERHOLZER: We could do it not to exceed a 11 certain number. This is -- if you look at -- and I only have 12 one copy of this, but that's what the original is. 13 COMMISSIONER LETZ: There's a little bit of a 14 concern on bidding requirements. I mean, seems to me we'd be 15 better off finishing the project and getting that contract 16 closed, and then if we're going to do something, go out, you 17 know, for bids or whatever on this. Otherwise, we have to do 18 a formal bidding process, 'cause it's part of that original 19 project, it seems. 20 JUDGE TINLEY: Well, no. I -- I've talked with 21 Peter about that, and we both agree that -- that adding it 22 onto this particular contract is not a good option. This 23 would be totally separate and apart. 24 SHERIFF HIERHOLZER: Right. 25 JUDGE TINLEY: The existing contractor would have 8-9-10 109 1 no responsibility for this. 2 COMMISSIONER LETZ: Well, shouldn't we wait, then, 3 until the -- I mean, we're done with the existing contract 4 before we start? 5 SHERIFF HIERHOLZER: That part of that building is 6 done. 7 MR. LEWIS: It is, and we have a -- it's sort of a 8 minor issue, but it has become a thorn in our side, and has 9 to do with the protection of the exposed sprinkler pipes in 10 the unfinished space, and this addresses that. And it's to 11 keep them from freezing in -- in that space. And I won't 12 belabor the Court with the details of that. The Judge is 13 aware of those. And so this -- finishing it out at the same 14 time will -- certainly, it won't be an obstacle to giving a 15 certificate of occupancy, or at least a commitment to finish 16 it. I think we could represent -- and the documents we have 17 here may be sufficient to do that. Now, what the Judge said, 18 notwithstanding that, the number there is -- Kendnel Kasper 19 did provide that, and they were gracious enough to do that on 20 a short fuse so that we could have a sense for Commissioners 21 Court of what the value of this was, but you're not beholden 22 to them to do that, or -- and it would -- and if they were 23 the contractor to do it, if that were the case, there would 24 be a separate contract. It wouldn't be a change order. 25 SHERIFF HIERHOLZER: And there's some things in 8-9-10 110 1 there -- the air-conditioner costs, I couldn't do anything. 2 But if you'll look at painting costs in there, I've had a lot 3 of people -- 4 COMMISSIONER OEHLER: I was just looking at the 5 painting cost. 6 SHERIFF HIERHOLZER: A lot of people in my 7 department said they'd be willing to come out and paint. 8 COMMISSIONER OEHLER: Probably do it for about half 9 that or less. 10 SHERIFF HIERHOLZER: I want it to stay 11 professional. I want it to look right and not just be thrown 12 together; something the County can use and be used correctly 13 for. Otherwise, it's totally separate from everything else 14 that the County's doing. 15 COMMISSIONER OEHLER: We have some pretty good 16 painters in community service. Have equipment. 17 MR. LEWIS: Yeah, but they do stripes. (Laughter.) 18 COMMISSIONER BALDWIN: No sniffing. No sniffing 19 the paint. 20 SHERIFF HIERHOLZER: But if I could get something, 21 say, not in excess -- you know, not to exceed, depending on 22 what she has and what you think, I think we could do this for 23 definitely under 40. If we could get something not to exceed 24 40 on finish-out of that, I would -- 25 JUDGE TINLEY: That would be a commitment. We 8-9-10 111 1 wouldn't authorize to go forward until after the current 2 contractor is completed. That should satisfy the fire 3 marshal or -- 4 MR. LEWIS: Yeah. And I have -- I met with the 5 building official. He's comfortable, and he -- and I can 6 meet with the fire marshal after I'm given the direction for 7 the Court today, and make -- and confirm that the intent to 8 do that and the commitment to do that would be sufficient for 9 him to give a certificate of occupancy to the rest of the 10 building. And that's what we want to get. We don't want 11 this protection of the sprinklers to keep them from freezing 12 to be the issue. 13 COMMISSIONER LETZ: And the anticipated, I guess, 14 final completion of the current contract? 15 MR. LEWIS: No later than September 1st. 16 JUDGE TINLEY: Twenty days. 17 MR. LEWIS: Liquidated damages, I think, is 18 September 1st. 19 JUDGE TINLEY: Yeah, September 1. 20 COMMISSIONER LETZ: Is there a problem getting -- 21 putting this on our next agenda, at which point -- when do we 22 meet, the 23rd? -- the 23rd, that we should be able to 23 probably have the certificate of occupancy or whatever you 24 call it? 25 JUDGE TINLEY: We won't have the C.O. by the 23rd, 8-9-10 112 1 I don't think. 2 MR. LEWIS: Not until they're completely done, 3 ready to broom clean and out of there. 4 COMMISSIONER LETZ: So, it'll be right about the 5 1st? 6 MR. LEWIS: Yes, sir. It's conceivable it would be 7 before, but contractually, they're obligated no later than 8 that. I wouldn't -- 9 COMMISSIONER LETZ: Right. 10 MR. LEWIS: I'd rather not count on that. 11 JUDGE TINLEY: They've been running a little bit 12 ahead, but as you get down to the tail end of those things, 13 the finish-out items, they just -- that's where you generally 14 lag behind. 15 MR. LEWIS: They never had one of Gary's punch 16 lists. 17 JUDGE TINLEY: Tim, that's who you need to talk to. 18 MR. BOLLIER: Sir? 19 JUDGE TINLEY: When it comes to punch list time, 20 you talk to Gary. 21 MR. LEWIS: You don't want to call the Judge. 22 SHERIFF HIERHOLZER: If I could get that 23 commitment, then, then we wouldn't start till after 24 everything's done. But I would like to -- because of the 25 program that's going to start and everything else, for us to 8-9-10 113 1 be able to start as soon as that other is done and we have 2 final numbers would sure help with the program. 3 COMMISSIONER BALDWIN: I just have one question. I 4 guess, Ms. Hyde, is there any way -- I mean, I know that 5 we've done the reimbursement thing to people that are working 6 out. Is there any other thing that we can do for folks that 7 are -- or employees that utilize this function when they 8 better themselves? And, you know, again, I've asked this 50 9 times, I know, but I still don't know what the measuring tape 10 would be, whether it would be losing weight, whatever. I 11 don't know how to do that, but becoming -- measuring your 12 health, becoming more healthy. And where I'm heading in this 13 is reduction -- reduction in insurance. 14 MS. HYDE: When Rusty and I first started 15 discussing this, that was one of the things; where -- how do 16 you measure? So, Gary and I have been talking about a 17 wellness program, a full-fledged wellness program. We did 18 not feel that right now during the budget was an appropriate 19 time to really try to throw that out there with all the mud 20 we already have with our health insurance. To answer your 21 question in a simple answer, yes, there are things that we 22 can do. And basically, what you would do is you would set a 23 baseline, and I'll use me for an example. Fourteen months 24 ago, I'm not going to tell you how much I weighed, but it was 25 a heck of a lot more than it is right now. My blood 8-9-10 114 1 pressure -- 2 COMMISSIONER BALDWIN: We need that kind of 3 information today. 4 MS. HYDE: Okay. I weighed 225 pounds 14 months 5 ago. My blood pressure was 150 over 120. My thyroid 6 medication was pretty high on daily thyroid. Is that 7 enough -- 8 COMMISSIONER BALDWIN: Yeah. 9 MS. HYDE: -- of my personal -- 10 COMMISSIONER BALDWIN: Yes, it is. 11 MS. HYDE: During the last 14 months, I've lost 89 12 pounds. My blood pressure runs about 110 over 60 13 continuously. My Synthroid medication is down to the lowest 14 base that you can take, which is 92 micrograms a day. So, 15 you have -- you can set a baseline foundation by the 16 employee, but that's going to mean that -- that they get -- 17 they've got to go to the doctor. And they're going to have 18 to get baseline information so that we can tell, "Here it is; 19 here's what you've got. Here's what you've saved." Then it 20 would be up to the Court. What would -- what could we do? 21 That has been one of the negatives that I've heard quite a 22 bit about. "Well, you're paying people to go." No, we're 23 reimbursing people for money that they're already spending. 24 What could we do? Can we do wellness credits towards 25 insurance to reduce their cost? Could we do wellness credits 8-9-10 115 1 as far as time off with pay? You know, there's a gamut of 2 what the Court could decide to do. 3 COMMISSIONER BALDWIN: Will the insurance company 4 itself reduce anything? 5 MS. HYDE: Maybe. If we showed progression, 6 similar to -- I know that some folks were looking at why 7 didn't we go to self-insured a couple of years ago. Because 8 we couldn't afford it. Self-insurance, we had two this year 9 that applied that way. We were still on the high side. But 10 those are things that insurance companies do look at. Do you 11 have a valid, viable wellness program? 12 COMMISSIONER BALDWIN: Yeah, and that's history. 13 It'll take years -- years or -- 14 MS. HYDE: No, sir. I think -- well, I don't know. 15 With the federal health care reform legislation, I am unsure. 16 It used to take a year to 18 months, 'cause you could start 17 showing trends. 18 COMMISSIONER BALDWIN: Mm-hmm. 19 MS. HYDE: You know, I stayed out of this one 20 because the Sheriff was going to do it for his employees 21 regardless, which I thought was a great idea. And so -- 22 JUDGE TINLEY: His is for a different purpose. His 23 is for fitness guideposts that he's going to put in place for 24 his people. And depending upon what job they're doing, there 25 will be different criteria, and they must meet those criteria 8-9-10 116 1 to remain employed. 2 SHERIFF HIERHOLZER: That is correct. 3 JUDGE TINLEY: Bottom line. 4 MS. HYDE: Right. And we can't really do that 5 with -- with administrative -- 6 JUDGE TINLEY: I understand. 7 MS. HYDE: -- staff. 8 SHERIFF HIERHOLZER: Well, and I can't do it with 9 secretarial and that over there, but we're still doing the 10 encouragement of everything, yes. It's twofold. It's for 11 every employee that I have, and then the -- hopefully the 12 County would have that and would want to go out there and use 13 it. And then the other is, it's part of my mandatory that I 14 want to create for officers so that we have the best fit 15 force either on the street or inside the jail, with the more 16 and more they're facing. 17 COMMISSIONER BALDWIN: Well, I for one am in favor 18 of all of this, because I've seen it happen over and over and 19 over again. I didn't know that about you. I appreciate you 20 sharing that. That's tremendous. And Rusty's is very 21 similar, and you look at those guys -- you know, your police 22 officers are kind of -- we used to see them go by Antler 23 Stadium every day at 5 o'clock; we thought the hot dogs went 24 on sale out by the interstate. The sirens were going -- not 25 your guys, but it was actually D.P.S. 8-9-10 117 1 SHERIFF HIERHOLZER: I have people that -- you 2 know, as you well know, one of them that's been extremely 3 overweight for years just finished the 5-K run this -- the 4 Tyler Behrens deal that this man did. And it's just been 5 remarkable what these employees are doing and how much better 6 they're feeling. I don't have the sick, you know, calls 7 coming in. I don't have the -- you know, "I've hurt my 8 back." "I'm injured." I mean, just -- it's been a positive 9 all the way around throughout the department that I somehow 10 really want to encourage and keep going. 11 COMMISSIONER WILLIAMS: I don't have any problem 12 with the concept, Sheriff. I would like for you to get a 13 little better handle on the cost to get the building ready. 14 SHERIFF HIERHOLZER: Well, the costs that -- as you 15 saw, that we got from one was the 43,000, okay. That's to 16 get the building ready. 17 COMMISSIONER WILLIAMS: Right. That's from the 18 existing contractor out there, too. 19 SHERIFF HIERHOLZER: Right, on what they're doing. 20 Okay. What -- what I would -- you know, I think -- and this 21 is a lot, and most of it's, you know, heating and air and 22 running it over so it's thermostatically controlled in the 23 half that we're not going to be using, okay, to be able to -- 24 to do that. Now, what I would like to see -- and I'll work 25 with Peter. I've already signed a deal that that is coming 8-9-10 118 1 out of the seizure account as his fees for helping me do 2 this, so that it was done correctly. What I'd like to do is 3 have an order of not more than, and then with Peter's 4 assistance on this, we contact other smaller contractors and 5 that to be able to get it done without going over a limit 6 that this Court sets. 7 COMMISSIONER OEHLER: I have a -- a thought. You 8 can shoot me down if I'm wrong, but if we're going to have 9 employees -- I mean, it's going to have to be a voluntary 10 deal where they go, and if they get their blood test and all 11 their lab work and stuff done, and then they can find out 12 where their problem areas are, and they go to a trainer, 13 they're going to have to be willing to share that 14 information. That's really private information, unless they 15 choose to share it -- 16 SHERIFF HIERHOLZER: That's right. 17 COMMISSIONER OEHLER: -- with somebody. To hit 18 targets, to know what -- that person's going to have to be 19 trained enough to be able to know what to do about that 20 particular problem that they might have that needs to be 21 addressed in exercise. 22 SHERIFF HIERHOLZER: That's exactly what the two I 23 have that are certified personal trainers, and myself -- I 24 just didn't go take the trainer; I was more worried about the 25 liability type issues. That's the reason I went. But those 8-9-10 119 1 two that are, that's exactly what we've already been trained 2 for, okay? And how to get that done. Now, true, the person 3 is going to have to share that information with those people, 4 which is voluntary on them. If they don't want to share it, 5 that's fine. We're not going to -- and I don't think my 6 employees, the two that are doing this, should be giving much 7 advice to somebody that won't share, 'cause I don't know 8 where his health -- where his health deal is. I'm not going 9 to get into that. I do have them, you know, with my 10 employees. They give it -- we keep a separate file in there 11 that is, you know, a department file, but it's a medical type 12 file. But if they want to go somewhere else and get a 13 program set out for themselves by a different trainer, that's 14 fine. The place -- the place will be there if they use it. 15 We're just not going to get involved in it. I don't want my 16 people involved. 17 COMMISSIONER OEHLER: I can see all kinds of 18 positives to this thing, but I can also see that -- say you 19 had a person that went out there and didn't give all the 20 information to the trainer, and all of a sudden that person 21 was injured or caused -- other health issues that were 22 unknown caused damage to that person. Then we've had kind of 23 a liability. 24 SHERIFF HIERHOLZER: That's -- well, but that's 25 exactly -- 8-9-10 120 1 COMMISSIONER WILLIAMS: You mentioned some HIPAA 2 violations. 3 COMMISSIONER OEHLER: That's what I was getting at. 4 SHERIFF HIERHOLZER: There's going to be 5 disclosure. That's exactly why, with the rest of the 6 employees -- and not law enforcement, not jail and that -- 7 that it is a total voluntary deal for the employees to go out 8 there. 9 COMMISSIONER OEHLER: I think it's a wonderful 10 plan, and I think it has great benefit to all the people that 11 participate in it. But, you know, we sure don't want to get 12 into something that's going to get -- make it look like that 13 we're running a program, unless we're paying professional 14 people to administer that program. 15 COMMISSIONER WILLIAMS: Very good point. 16 COMMISSIONER OEHLER: And not take the liability. 17 SHERIFF HIERHOLZER: No, except for deputies and 18 jailers, I think what you're offering is a volunteer 19 beneficial program to employees. If they want to participate 20 in it, they can. If they don't, they don't have to. 21 COMMISSIONER OEHLER: Concept's great. Concept is 22 great. I just -- you know, I just -- 23 MS. PIEPER: I think if any of the employees are 24 going to go out there, I think they'll be truthful with the 25 trainer, because we've got employees now that -- 8-9-10 121 1 SHERIFF HIERHOLZER: She's got several in her 2 office that are going through the same training. It's not 3 just Sheriff's Office employees. There's been several with 4 Eva and other ones that have started a lot of this same 5 training, you know. Buster hasn't shown up lately, but 6 Debbie has once in a while. But, you know -- 7 COMMISSIONER BALDWIN: We didn't have to do that. 8 SHERIFF HIERHOLZER: Buster -- you know, the last 9 time they mentioned homemade peach ice cream, I haven't seen 10 Buster since. 11 COMMISSIONER WILLIAMS: He's out of there. 12 COMMISSIONER BALDWIN: Got my priorities in line. 13 JUDGE TINLEY: Okay, gentlemen. Are we going to go 14 forward with any funding commitment, or are we going to sit 15 on this thing for a while? 16 COMMISSIONER BALDWIN: I'm ready to go forward with 17 it, myself. But I'm just me. 18 JUDGE TINLEY: Prepared to make a motion? 19 COMMISSIONER BALDWIN: Is that what we're dealing 20 with? 21 SHERIFF HIERHOLZER: I think you could do a little 22 bit -- I'd say not over 40. 23 COMMISSIONER BALDWIN: Up to? 24 SHERIFF HIERHOLZER: Up to. 25 COMMISSIONER OEHLER: I'd say 25. 8-9-10 122 1 SHERIFF HIERHOLZER: I don't think we're going to 2 get there. 3 JUDGE TINLEY: You want Buster to make the motion, 4 don't you? 5 SHERIFF HIERHOLZER: Yeah. Anybody got some tape? 6 COMMISSIONER BALDWIN: Okay, 26. 7 COMMISSIONER OEHLER: I'll go for 26. 8 SHERIFF HIERHOLZER: And it's working with Peter on 9 this so that we can come up with the best price on that 10 contract. 11 COMMISSIONER LETZ: And Peter's -- you're 12 overseeing the construction of this, as you do on the -- 13 MR. LEWIS: Arena. 14 COMMISSIONER WILLIAMS: No addendum to your 15 contract? 16 MR. LEWIS: It is not -- it's a separate contract 17 with the Sheriff. 18 MR. HENNEKE: Hey, Peter, do we have a sense of 19 what -- regardless of this, what expenditures we need to make 20 and the cost of those to get the certificate of occupancy? 21 We don't have to do anything, but we still have to address 22 the sprinkler -- 23 MR. LEWIS: That is -- I'm glad you asked that, 24 'cause I've been sitting here thinking about that. There is 25 an obligation to address the sprinkler issue, and if you do 8-9-10 123 1 not do this, we're going to have to address it another way. 2 We got some -- we had our engineer look at it as a part of 3 the base building contract, and it was about a $3,500 number 4 or $3,600 number, something like that, just to dump that air 5 in, into that space, unfinished, to keep the pipes from 6 freezing. And what we have to do, the code requires that we 7 -- when the ambient temperature goes below 40 degrees in the 8 space, we have to provide some heat so that the pipes don't 9 freeze. Although we know they don't freeze at 40 degrees. 10 And, again, I didn't want to belabor the Court, but -- and so 11 this is a solution to that. That does two things; it kills 12 two birds with one stone. 13 COMMISSIONER WILLIAMS: Who has to deal with the 14 sprinkler issue? 15 MR. LEWIS: It is actually -- 16 COMMISSIONER WILLIAMS: The county? 17 MR. LEWIS: It is the county, yes. The county. 18 JUDGE TINLEY: Prerequisite to the certificate of 19 occupancy. 20 MR. LEWIS: It wasn't a function -- it wasn't 21 indicated in the drawings originally, and the fire marshal 22 has been -- you know, we tried the approach that yes, it's an 23 insulated building; we got R-30 in the ceiling, R-19 in the 24 walls. He wasn't mollified. So, we had a lot of creative 25 solutions, but none of them have yet met his approval. 8-9-10 124 1 JUDGE TINLEY: We do have three electrical space 2 heaters down in the basement of the maintenance office that 3 are on standby, ready to go. 4 MR. LEWIS: Use some duct tape and we're good to 5 go. 6 COMMISSIONER OEHLER: Probably wouldn't satisfy the 7 fire marshal. 8 COMMISSIONER WILLIAMS: Probably not. 9 COMMISSIONER OEHLER: No wonder nobody wants to 10 build. 11 MR. LEWIS: You'd be okay with duct tape. 12 COMMISSIONER BALDWIN: And baling wire. So, on 13 this document, fire sprinkler, there's no number beside it. 14 MR. LEWIS: There will be. And that will be -- 15 that will fall within the realm of this. 16 COMMISSIONER BALDWIN: So, if my motion is up to 17 43,000, that we're not going to have to come back and amend 18 that because of a sprinkler system? 19 MR. LEWIS: No, sir. We will work with Rusty and a 20 contractor or contractors to make this happen. 21 COMMISSIONER BALDWIN: Well, I move we authorize up 22 to $43,000 dollars out of the -- fund. 23 COMMISSIONER WILLIAMS: Capital funds. 24 COMMISSIONER BALDWIN: Capital funds. Capital 25 funds. The job name on this document here is called the 8-9-10 125 1 Sheriff's Annex Fitness Room. Can we take the name "Sheriff" 2 off of it? 3 COMMISSIONER WILLIAMS: The annex fitness? 4 COMMISSIONER OEHLER: Kerr County Fitness Area. 5 COMMISSIONER BALDWIN: Kerr County. 6 SHERIFF HIERHOLZER: Which is -- that's just the 7 way the document was drawn up. 8 COMMISSIONER BALDWIN: I understand. I'm not 9 throwing a rock. I'm just -- you know, where is this thing 10 -- where is this money going to? 11 SHERIFF HIERHOLZER: I agree. Kerr County 12 Fitness -- 13 COMMISSIONER BALDWIN: All right. 14 SHERIFF HIERHOLZER: -- Room. 15 COMMISSIONER BALDWIN: That's my motion. 16 COMMISSIONER WILLIAMS: Second. 17 JUDGE TINLEY: Motion made and seconded to 18 authorize expenditure up to -- not to exceed 43,000 for the 19 finish-out of the Kerr County Annex Fitness Room. 20 COMMISSIONER BALDWIN: Correct. 21 JUDGE TINLEY: All right. Question or discussion 22 on the motion? All in favor of the motion, signify by 23 raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 8-9-10 126 1 (No response.) 2 JUDGE TINLEY: The motion does carry. 3 SHERIFF HIERHOLZER: Thank you, gentlemen. 4 JUDGE TINLEY: We finally got there. I think they 5 got the impression that you weren't leaving -- 6 SHERIFF HIERHOLZER: I wasn't going to shut up 7 until they finished. Thank you. 8 COMMISSIONER OEHLER: Sure hope it's going to be 9 under that by a long shot. 10 JUDGE TINLEY: It will. 11 SHERIFF HIERHOLZER: With Peter's help, I think 12 we'll get there. 13 JUDGE TINLEY: Let's go to Item 28, open bids for 14 three four-door S.U.V.'s for Constables 1, 2 and 3, and award 15 contract. 16 (Discussion off the record.) 17 JUDGE TINLEY: Okay. The first bid I have is from 18 Stoepel Ford. 2010 Expedition, 22,195.55 each. 22,195.55. 19 The next one is from Stoepel Ford; these are for 2011 20 Expeditions. 22,225, looks like, even. 21 MS. HARGIS: Right, we have to do the 2011's. I 22 think that he needed to withdraw the other bid, because they 23 are not making the 2010's any more. 24 JUDGE TINLEY: It's 30 bucks difference. 25 COMMISSIONER BALDWIN: Yeah. 8-9-10 127 1 COMMISSIONER OEHLER: I think we're better off 2 getting '11's. 3 COMMISSIONER BALDWIN: Yeah. Especially when they 4 don't make them. (Laughter.) 5 COMMISSIONER OEHLER: Yeah, that might be all 6 right. If they don't make them, we -- 7 COMMISSIONER BALDWIN: I demand we go to the 8 2010's; that's the low bid. 9 COMMISSIONER WILLIAMS: This is for three, right? 10 MS. HARGIS: Three, yes. 11 JUDGE TINLEY: Yeah. 66,675. 12 COMMISSIONER BALDWIN: I move for approval. 13 JUDGE TINLEY: To award the bid? 14 COMMISSIONER BALDWIN: To award the bid to -- 15 JUDGE TINLEY: For the 2011 Expeditions. 16 COMMISSIONER BALDWIN: At 22,225 each. 17 JUDGE TINLEY: That's Stoepel Ford. 18 COMMISSIONER BALDWIN: Stoepel Ford. 19 JUDGE TINLEY: All right. 20 COMMISSIONER BALDWIN: Kerrville, Texas, 78028. 21 COMMISSIONER WILLIAMS: What's the phone number? 22 COMMISSIONER BALDWIN: 257-2333. 23 COMMISSIONER WILLIAMS: Pretty close. 24 COMMISSIONER BALDWIN: I think it is. Going to die 25 for lack of a second? 8-9-10 128 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded. Question 3 or discussion on the motion? All in favor of the motion, 4 signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion does carry. Okay. Let's 9 go to the bills, Section 4 of the agenda. 10 COMMISSIONER LETZ: Move approval. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE TINLEY: I have a motion and second to pay 13 the bills. Any question or discussion? All in favor of the 14 motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion does carry. Budget 19 amendments. I've been presented with Budget Amendment 20 Summary Request Numbers 1 through 20. 21 COMMISSIONER BALDWIN: 1 through 20, okay. 22 JUDGE TINLEY: Do I hear a motion to approve the 23 budget amendments as shown by the Summary Requests 1 through 24 20? 25 COMMISSIONER BALDWIN: So moved. 8-9-10 129 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the budget amendments shown by Requests 1 through 4 20. Question or discussion? All in favor of the motion, 5 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: That motion does carry. No late 10 bills? 11 MS. HARGIS: No. 12 JUDGE TINLEY: Reports? Monthly reports? I've 13 been presented with monthly reports from County Clerk; 14 Justice of the Peace, Precinct 1; Justice of the Peace, 15 Precinct 3; Environmental Health Department; Constable, 16 Precinct 3; Road and Bridge Department and Treasurer. Do I 17 hear a motion that these reports be approved as presented? 18 COMMISSIONER WILLIAMS: So moved. 19 COMMISSIONER OEHLER: Second. 20 JUDGE TINLEY: Motion made and seconded that the 21 designated reports be approved as presented. Question or 22 discussion on the motion? All in favor of the motion, 23 signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 8-9-10 130 1 (No response.) 2 JUDGE TINLEY: The motion does carry. Reports from 3 Commissioners in connection with their liaison or committee 4 assignments. Commissioner Oehler? 5 COMMISSIONER OEHLER: Not really anything, other 6 than the Animal Control Manager is improving, seems like. I 7 talked to her yesterday, and -- 8 (The reporter asked Commissioner Oehler to repeat.) 9 COMMISSIONER OEHLER: Animal Control Manager's 10 health issues are improving. 11 COMMISSIONER BALDWIN: I didn't know she -- 12 COMMISSIONER OEHLER: She's off for 30 days. 13 COMMISSIONER BALDWIN: Oh. 14 COMMISSIONER OEHLER: Doctor's orders. That's it. 15 JUDGE TINLEY: Commissioner 1? 16 COMMISSIONER BALDWIN: No, sir. Thank you, though. 17 JUDGE TINLEY: Commissioner 2? 18 COMMISSIONER WILLIAMS: I understand from the H.R. 19 Department that the personnel issues required for the new 20 airport maintenance contract have been taken care of. And 21 people are selected and will be on board as of September 1, 22 Ms. Hyde? 23 (Ms. Hyde nodded.) 24 COMMISSIONER WILLIAMS: And most everything else 25 that's attendant to that has been taken care of by Tim and 8-9-10 131 1 others, so we're moving forward on that. They have -- Jon, 2 they have their contract on the agenda today, or is it 3 postponed for special? 4 COMMISSIONER LETZ: I think it's on the agenda for 5 today. 6 COMMISSIONER WILLIAMS: That's it, Judge. 7 JUDGE TINLEY: I note that the airport budget is on 8 the Council's agenda for approval. 9 COMMISSIONER WILLIAMS: Tomorrow. 10 JUDGE TINLEY: Tomorrow evening. 11 COMMISSIONER WILLIAMS: Tomorrow, yes, sir. 12 JUDGE TINLEY: I would mention that in conversation 13 with the City Manager, obviously he's got it figured out. He 14 said, "Whatever you guys want to approve is fine with us." 15 COMMISSIONER WILLIAMS: What took them so long? 16 COMMISSIONER OEHLER: Oh, there was a revelation? 17 COMMISSIONER WILLIAMS: An epiphany. 18 JUDGE TINLEY: He understands it. Commissioner 19 Letz? 20 COMMISSIONER OEHLER: When we agreed to take the 21 thing, didn't we also agree to fund it? 22 COMMISSIONER WILLIAMS: And they're arguing about 23 it. 24 COMMISSIONER OEHLER: They're arguing about our 25 funding? 8-9-10 132 1 COMMISSIONER LETZ: Good communications related to 2 Road and Bridge in our eastern part of the county. Probably 3 be on our next agenda, but that's proceeding under the 4 direction of the last Commissioners Court meeting. And I 5 will be in Austin Thursday talking about subdivision rules 6 statewide again. 7 COMMISSIONER OEHLER: Good. 8 JUDGE TINLEY: Anything else? 9 COMMISSIONER LETZ: That's it. 10 JUDGE TINLEY: Any reports from elected officials 11 or department heads? 12 SHERIFF HIERHOLZER: Just that the jail 13 population's been running the last several days about the 14 mid-140's. Doing pretty good. 15 JUDGE TINLEY: Manageable. 16 SHERIFF HIERHOLZER: Manageable right now. 17 COMMISSIONER OEHLER: That's better than the 160's. 18 SHERIFF HIERHOLZER: Yes. 19 COMMISSIONER WILLIAMS: Isn't it, though? 20 JUDGE TINLEY: Any other elected officials? 21 Department heads? 22 MR. HENNEKE: Well, Judge, I would -- I would 23 report that Kerr County has now officially intervened in the 24 L.C.R.A. CREZ matter. That was filed on Friday, so we are 25 now officially a party in that. 8-9-10 133 1 JUDGE TINLEY: Okay. Anything else? We will be in 2 recess until 2 o'clock this afternoon. 3 AUDIENCE: 2:00? 4 MR. HENNEKE: 2:00 or 1:00? 5 JUDGE TINLEY: 2:00. Commissioners Court is in 6 recess until 2:00. 7 MS. HYDE: Budget hearing starts at 1:00. 8 JUDGE TINLEY: We will have a workshop of 9 Commissioners Court beginning at 1:00 which I will call at 10 that time. 11 (Recess taken from 11:57 a.m. to 2:43 p.m.) 12 - - - - - - - - - - 13 JUDGE TINLEY: Let me reconvene the Commissioners 14 Court meeting that was recessed from this morning until 15 2 o'clock this afternoon. It's obviously a bit past that 16 time now. What we have is an executive session item, and so 17 it is 2:43, and we will go out of public or open session to 18 go into executive or closed session for Item -- 29? 19 MR. HENNEKE: Yes, Judge. And it's, of course, for 20 attorney/client communications regarding anticipated or 21 potential litigation. 22 (The open session was closed at 2:43 p.m., and an executive session was held, the transcript of which 23 is contained in a separate document.) 24 - - - - - - - - - - 25 JUDGE TINLEY: We are now in open or public 8-9-10 134 1 session. It is 2:53. Any member of the Court have anything 2 to offer in connection with the matters discussed in 3 executive or closed session? Anything else to come before 4 the Court under the current agenda? We will be adjourned. 5 (Commissioners Court adjourned at 2:54 p.m.) 6 - - - - - - - - - - 7 8 9 10 STATE OF TEXAS | 11 COUNTY OF KERR | 12 The above and foregoing is a true and complete 13 transcription of my stenotype notes taken in my capacity as 14 official reporter for the Commissioners Court of Kerr County, 15 Texas, at the time and place heretofore set forth. 16 DATED at Kerrville, Texas, this 12th day of August, 17 2010. 18 19 JANNETT PIEPER, Kerr County Clerk 20 BY: _________________________________ Kathy Banik, Deputy County Clerk 21 Certified Shorthand Reporter 22 23 24 25 8-9-10