1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, February 14, 2011 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 GUY R. OVERBY, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X February 14, 2011 2 PAGE --- Visitors' Input 6 3 --- Commissioners' Comments 9 4 1.1 Public hearing for revision of plat for Site 12 of J. L. Nichols Subdivision, Precinct 4 10 5 1.2 Consider/discuss, take appropriate action for 6 final approval for revision of plat for Site 12 of J.L. Nichols Subdivision, Precinct 4 11 7 1.3 Public hearing concerning revision of plat for 8 Lot 4-B of Audubon Place, and 4.89 acres at 176 Doris Drive, Precinct 4 13 9 1.4 Consider/discuss, take appropriate action for 10 final approval of revision of plat for Lot 4-B of Audubon Place, and 4.89 acres at 176 Doris 11 Drive, Precinct 4 14 12 1.5 Consider/discuss, take appropriate action to set public hearing concerning installation of 13 stop signs at both intersections of Windmill Drive North & Green Oak Drive North, Precinct 3 18 14 1.10 Consider/discuss, take appropriate action on 15 presentation of Texas Juvenile Probation Commissioner 2011 Audit at Kerr County 16 Juvenile Detention Facility 20 17 1.6 Consider/discuss, take appropriate action to review preliminary revision of plat for Lots 77 18 and 78KR of Falling Waters Subdivision, and set public hearing, Precinct 3 22 19 1.11 Consider/discuss, take appropriate action to 20 purchase camera/equipment for Juvenile Detention Center from remaining capital 2010 loan funds 23 21 1.7 Consider/discuss, take appropriate action to 22 declare various items as surplus to be sold as scrap or sold for core value 26 23 1.8 Consider/discuss, take appropriate action to 24 allow Flores Security to provide security for events at Hill Country Youth Exhibit Center 28 25 3 1 I N D E X (Continued) February 14, 2011 2 PAGE 1.9 Consider/discuss, take appropriate action to 3 request authorization to dispose of/sell up to $1,500 in value as scrap/broken/worn-out parts 4 in any one month under blanket court order 37 5 1.12 Consider/discuss, take appropriate action to approve the GASB 45 Actuarial Valuation for 6 2010-11 with Gabriel, Roeder, Smith & Company 41 7 1.13 Consider/discuss, take appropriate action regarding execution of Participation Agreement 8 and Cooperative Purchasing Agreement authorizing Kerr County to participate in Texas Payment Card 9 Consortium through City of Fort Worth 42 10 1.15 Consider/discuss, take appropriate action to authorize Kerr County Sheriff's Office to accept 11 communications equipment purchased by AACOG from PSIC Grant funds; submit letter to T-Mobile 12 describing equipment to be placed on tower 44 13 1.16 Consider/discuss, take appropriate action to accept Kerr County Animal Control audit report 48 14 1.14 Consider/discuss, take appropriate action to 15 approve and support AACOG regarding Kerr County weatherization assistance program 49 16 1.17 Consider/discuss, take appropriate action to 17 declare some old equipment as surplus 60 18 1.18 Consider/discuss, take appropriate action on resolution in support of Town Creek Developers 65 19 1.19 Consider/discuss, take appropriate action on 20 whether or not to allow noncertified burn managers to perform prescribed burns during a burn ban 75 21 1.20 Consider/discuss, take appropriate action to 22 give notice of intent to Indigent Defense Task Force to apply, on a county or regional basis, 23 for grant funding for various alternative purposes or programs to improve indigent defense 89 24 1.21 Consider/discuss, take appropriate action to 25 authorize RFP's for EMS services to serve unincorporated areas of Kerr County in 2011-12 90 4 1 I N D E X (Continued) February 14, 2011 2 PAGE 1.22 Consider/discuss, take appropriate action on 3 implementation of burn ban 96 4 1.23 Consider/discuss, take appropriate action to approve contract with Castle Lake Volunteer Fire 5 Department; allow County Judge to sign same 99 6 1.24 Consider/discuss, take appropriate action on salary differentiation between Kerr County 7 Sheriff and Kerr County Chief Deputy Sheriff 99 8 1.25 Consider/discuss, take appropriate action on Kerr County funding for personnel, equipment or 9 other expenditures for the benefit of D.P.S. 102 10 1.28 Consider/discuss, take appropriate action to approve professional services proposal for 11 plans and bid specifications for Ingram Tax/ JP Office by Peter Lewis and Associates 106 12 1.29 Consider/discuss, take appropriate action on 13 allocation of space for election equipment, supplies & training at Juvenile Detention Center 110 14 4.1 Pay Bills 115 15 4.2 Budget Amendments 120 4.3 Late Bills 121 16 4.4 Approve and Accept Monthly Reports 122 17 1.26 Presentation of certificates and awards to Center Point High School students for their 18 work on Historical Marker Authorship for Center Point High School 123 19 5.1 Reports from Commissioners/Liaison Committee 20 Assignments 129 21 1.27 Consider/discuss, take appropriate action on pending and possible litigation regarding 22 acquisition of right-of-way for Arrowhead Bridge Project (Executive Session) 138 23 5.2 Reports from Elected Officials/Department Heads 138 24 --- Adjourned 139 25 5 1 On Monday, February 14, 2011, 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 regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Monday, February 14, 2011, at 9 a.m. It is that time 11 now. Commissioner Overby? 12 COMMISSIONER OVERBY: Yes. Let's stand for a word 13 of prayer, please, followed by our pledge of allegiance. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. At this time, if there's 16 a member of the audience or the public that wishes to be 17 heard on any item which is not an 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 located 21 at the rear of the room. It's not essential that you do 22 that. If we get to an agenda item you wish to be heard on 23 and you haven't filled out a participation form, get my 24 attention in some manner and I'll see that you do have that 25 opportunity to be heard. Right now, though, if you have 2-14-11 6 1 something that pertains to something that is not an agenda 2 item, come forward and tell us what's on your mind. First, 3 if you'd give us your name and address and then let us know 4 what's on your mind. 5 MS. WASSON: My name is Melinda Wasson, and my 6 address is 2106 West Bluff Drive in Kerrville. And I'm with 7 the League of Women Voters, and I would like to read you a 8 press release about a series of water forums that we're going 9 to be having. The recent weather has made many area citizens 10 aware of how life would change if there were no water 11 immediately available. In this instance, it was caused by 12 frigid temperatures that froze and burst pipes. With the 13 help of area plumbers, space heaters, and some good old 14 frontier fortitude, we've come through, for now. But what 15 about tomorrow, next year, seven years from now when our 16 children and grandchildren face droughts, followed by floods? 17 The Kerrville area League of Women Voters will sponsor a 18 series of forums on the availability of water now and in the 19 future for our area. The meetings will take place February 20 19th, March 19th, and April 9th at the Upper Guadalupe River 21 Authority, 125 Lehmann Drive in Kerrville. The Saturday 22 morning forums will begin at 9 a.m. and end by 1 p.m. Each 23 of the forums builds on the previous one to give a more 24 complete understanding of the water issues. Interested 25 citizens are encouraged to attend all three. 2-14-11 7 1 The February 19th forum will address the current 2 state of water, where we are today. Presenters include an 3 expert in state water law who will discuss how we got where 4 we are today, Kerr County water as overseen by Upper 5 Guadalupe River Authority, an overview of the Headwaters 6 Groundwater Conservation District and its role in Kerr 7 County, a depiction of rainfall over time showing major 8 droughts and floods, a discussion of the water cycle, local 9 aquifers, recharge and transmissivity. At the second forum 10 on March 19th, the topic will be water planning for the 11 future. Presentations will include the Region J water plan, 12 an overview of the Texas Water Development Board and 13 Groundwater Management Area 9, the importance of water from 14 the Texas Parks and Wildlife Department perspective, and the 15 City of Kerrville's municipal water reuse and aquifer storage 16 and recovery wells and drought triggers. The third forum on 17 April 9th will be a presentation by U.G.R.A. of water quality 18 study results and what individuals can do, a skit by League 19 of Women Voters members depicting water interest groups, a 20 presentation on rainwater harvesting, and a presentation on 21 native plants and grasses. For more information on the 22 League of Women Voters and its state-wide study of water 23 resources, go to www.lwvtexas.org. 24 JUDGE TINLEY: Thank you. 25 COMMISSIONER BALDWIN: Thank you very much. 2-14-11 8 1 JUDGE TINLEY: Want to leave that for the clerk? 2 MS. WASSON: All right. 3 COMMISSIONER BALDWIN: Just hand me all of them; 4 I'll pass them around. 5 MS. WASSON: Thank you. 6 COMMISSIONER OVERBY: Thank you. 7 JUDGE TINLEY: Is there any other member of the 8 public or the audience that wishes to be heard with respect 9 to an item not listed on the agenda? Yes, sir. If you'll 10 come and give us your name and address, tell us what's on 11 your mind. 12 MR. FLORES: Yes. My name is Daniel Flores. My 13 address is 300 Pearl here in Kerrville, Texas. And I want -- 14 my son and I own Flores Security. 15 JUDGE TINLEY: We've got an agenda item with that 16 particular -- 17 MR. FLORES: Oh, you do? 18 JUDGE TINLEY: -- matter. If you're talking about 19 out at the Ag Barn facility, -- 20 MR. FLORES: Yes, uh-huh. 21 JUDGE TINLEY: -- security, that's an agenda item, 22 and we'd welcome your input when we get to that item. 23 MR. FLORES: Okay. So I'm on the agenda? 24 JUDGE TINLEY: Yes, sure are. 25 MR. FLORES: Thank you. My apologies. 2-14-11 9 1 JUDGE TINLEY: Okay. Any other member of the 2 audience that wishes to be heard on any matter that is not a 3 listed -- a listed agenda item? Seeing no one else coming 4 forward, we'll move on. Commissioner Overby, do you have 5 anything for us this morning? 6 COMMISSIONER OVERBY: Well, I'm going to be talking 7 about our Washington, D.C. trip on Agenda Item 5.1 later on 8 in our -- for the Commissioners Court report, but I would 9 like to say I did attend Saturday night -- our Kerr County 10 Lion's Club hosted the pancake supper Saturday night. I had 11 a chance to attend that meeting, and, of course, the money 12 that's raised out of that project benefits the scholarships 13 out in Center Point, and I enjoyed going out there and 14 participating with those folks this past Saturday. 15 JUDGE TINLEY: Is that it? 16 COMMISSIONER OVERBY: That is. 17 JUDGE TINLEY: Commissioner Letz? 18 COMMISSIONER LETZ: I'm just going to add, I want 19 to draw attention especially to the March 19th meeting, which 20 I'm speaking at League of Women Voters. That's what y'all 21 really need to put on your calendars. 22 COMMISSIONER BALDWIN: I'll put that down. 23 COMMISSIONER LETZ: I'll be there along with City 24 of Kerrville, so it could be exciting. 25 JUDGE TINLEY: We don't want to miss that, for 2-14-11 10 1 sure. 2 COMMISSIONER OEHLER: Who's making the 3 presentation? 4 COMMISSIONER LETZ: I'm guessing it's going to be 5 Charlie Hastings; he does a lot of times. I haven't talked 6 to him. Charlie usually does it. Charlie and I have a good 7 time together. 8 COMMISSIONER BALDWIN: I'm going to be busy. 9 JUDGE TINLEY: Anything else? 10 COMMISSIONER LETZ: That's it, sir. 11 JUDGE TINLEY: Commissioner Oehler? 12 COMMISSIONER OEHLER: We got a long agenda; let's 13 get on with it. 14 JUDGE TINLEY: Commissioner Baldwin? 15 COMMISSIONER BALDWIN: We've got a long agenda; 16 let's get on with it. 17 JUDGE TINLEY: Okay. At this time, I will recess 18 the Commissioners Court meeting, and I'll convene a public 19 hearing for the revision of plat for Site 12 of the J.L. 20 Nichols Subdivision, Survey Number 126, Abstract Number 262, 21 and located in Precinct 4. 22 (The regular Commissioners Court meeting was closed at 9:09 a.m., and a public hearing was held in open 23 court, as follows:) 24 P U B L I C H E A R I N G 25 JUDGE TINLEY: Is there any member of the public or 2-14-11 11 1 audience that wishes to be heard with respect to the revision 2 of plat for Site 12 of the J.L. Nichols Subdivision, Survey 3 Number 126, Abstract Number 262, located in Precinct 4? 4 Seeing no one coming forward, I will close the public hearing 5 for the revision of plat for Site 12 of the J.L. Nichols 6 Subdivision, Survey Number 126, Abstract Number 262. 7 (The public hearing was concluded at 9:10 a.m., and the regular Commissioners Court meeting was 8 reopened.) 9 - - - - - - - - - - 10 JUDGE TINLEY: And I will reconvene the 11 Commissioners Court meeting and go to Item 2; consider, 12 discuss, take appropriate action for the final approval of 13 the revision of plat for Site 12 of the J.L. Nichols 14 Subdivision, Survey Number 126, Abstract Number 262, located 15 in Precinct 4. Good morning. 16 MS. HOFFER: Leonard told me to tell you he's 17 sorry, he's not feeling too good today. So -- 18 JUDGE TINLEY: Well, glad to have you here with us, 19 Ms. Hoffer. 20 MS. HOFFER: Thank you. We presented the concept 21 plan for the revision of plat for Site 12 of the J.L. Nichols 22 Subdivision on September 27th, 2010, just now held the public 23 hearing for this revision. Lee Voelkel is representing 24 Mr. Salazar concerning Site 12 of the J.L. Nichols 25 Subdivision. Mr. Salazar wants to purchase 2 acres out of 2-14-11 12 1 the 3.35 acre total. Mr. Salazar wants to open a tanner 2 business on Lot 12B, 2 acres. Lot 12A, 1.33, will be 3 retained by Evert and Vergie Reed. Lot 12A has an existing 4 mobile home and septic system. Both of these lots are in the 5 city's ETJ and are serviced with a community water system, 6 Aqua Texas, and O.S.S.F. There is a note that is added to 7 the plat stating that Lot 12B is restricted to use for 8 nonresidential purposes only, so Lot 12A will remain 9 residential and Lot 12B will become commercial. 10 The court minutes from September 27th, 2010, states 11 that Rob Henneke needed to review this to make sure we were 12 not violating any model subdivision rules. Lee Voelkel said 13 he had discussed this with Rob and he was okay with this. We 14 noticed that in order to divide this property, it must be 15 divisible by two. If you take 3.35 and divide by two, the 16 sum is 1.68 for the lots, so the property, according to the 17 Subdivision Rules and Regulations, cannot be further 18 subdivided. Mr. Voelkel had shared that the adjoining 19 property to this is part of the Cutoff Business Park, Phase 20 Two, and the lots in the park are as small as .5 acres. The 21 City of Kerrville worked on this project in April of 2007. 22 So, everything being fulfilled on this project, at this time, 23 we ask the Court for their final approval for the revision of 24 plat for Site 12 of the J.L. Nichols Subdivision, Survey 25 Number 126, Abstract Number 262, and it resides in 2-14-11 13 1 Precinct 4. 2 COMMISSIONER OEHLER: Move approval. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. Question or discussion? For the record, I would 6 note that a letter was forwarded to the Court by Mr. A.F. 7 Holloway, vice president of Mason Bottling Company, stating 8 that he was in favor of the revision, and so designated in 9 writing. Other question or discussion? All in favor of the 10 motion, signify by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. At this 15 time, I will recess the Commissioners Court meeting and 16 convene a public hearing concerning the revision of plat for 17 Lot 4B of Audubon Place, as shown in Volume Number 7, Page 18 294, and Volume 7, Page 331, Plat Records, and 4.89 acres at 19 176 Doris Drive, further set forth in Volume 1213, Page 269, 20 Real Property Records, and located in Precinct 4. 21 (The regular Commissioners Court meeting was closed at 9:12 a.m., and a public hearing was held in open 22 court, as follows:) 23 P U B L I C H E A R I N G 24 JUDGE TINLEY: Is there any member of the public 25 that wishes to be heard with respect to the revision of plat 2-14-11 14 1 for Lot 4B of Audubon Place as shown in Volume 7, Page 294, 2 and Volume 7, Page 331, Plat Records, and 4.89 acres at 176 3 Doris Drive, as set forth in Volume 1213, Page 269, Real 4 Property Records? Seeing no one coming forward, I will close 5 the public hearing concerning the revision of plat for Lot 6 4B, Audubon Place, as set forth in Volume 7, Page 294, and 7 Volume 7 Page 331, Plat Records, and 4.89 acres at 176 Doris 8 Drive, as shown in Volume 1213, Page 269, Real Property 9 Records. 10 (The public hearing was concluded at 9:13 a.m., and the regular Commissioners Court meeting was 11 reopened.) 12 - - - - - - - - - - 13 JUDGE TINLEY: I will now reconvene the 14 Commissioners Court meeting and go to Item 4; consider, 15 discuss, take appropriate action for the final approval of 16 the revision of plat for Lot 4B of Audubon Place, as shown in 17 Volume 7, Page 294, and Volume 7, Page 331, Plat Records, and 18 4.89 acres at 176 Doris Drive as shown in Volume 1213, Page 19 269, Real Property Records, and located in Precinct 4. 20 Ms. Hofer? 21 MS. HOFFER: We met on September 27th, 2010, at 22 9:20 a.m. to discuss the concept plan for the revision of 23 plat for Lot 4BR of Audubon Subdivision, and the 4.89 acres 24 at 176 Doris Drive in Precinct 4. Lee Voelkel is 25 representing Tom and Cheri Vendetti, who own Lot 4B of the 2-14-11 15 1 Audubon Place Subdivision and the lot at 176 Doris Drive. 2 The Vendettis would like to have their road access at Doris 3 Drive. Here were some of the issues or concerns that we had 4 at the September 27th meeting. All property involved in this 5 is in the ETJ of the city of Kerrville. The 4.89 acres at 6 176 Doris Drive has an existing well and septic, but if the 7 division is approved, it will leave this property with only 8 2.50 acres. I suggested that they get with Headwaters to see 9 if they would approve this subdivision for water 10 availability. And the answer, Headwaters wrote a letter 11 stating that the well on Lot 4BR has an existing approved 12 exempt well, and the 4.89 acres at 176 Doris Drive would be 13 grandfathered. 14 Also, the proposed access off of Doris Drive does 15 not have 150 foot road frontage and is only 50 foot wide. If 16 150 foot is needed, then both lots -- both lots would need 17 150 foot, and the existing 4.89 acre lot would need to have a 18 minimum of 300 of road frontage. Also, would this road not 19 have to be built to county specs? The answer was, 20 Commissioners Court said that they would like to see a 21 60-foot easement and a note that Lot 4BR could not be further 22 subdivided. A plat restriction note was added concerning 23 future divisions. The last issue is who owns the easement 24 for Lot 4A and Lot 4B, Audubon Place Subdivision? At one 25 time it was owned by Barbara Cole, who owned both Lots 4 2-14-11 16 1 and 5 and the easement. How can an easement be shared? 2 Answer is, it's not going to be shared. Lot 4A will have the 3 easement to exit onto Wren Road. Lot 4BR will have a new 4 easement coming off of Doris Drive. Each lot is owned by two 5 different parties. The issues from the September 27th 6 meeting have been resolved and the public hearing completed. 7 At this time, we ask the Court for a final approval for the 8 revision of plat for Lot 4BR of the Audubon Place Subdivision 9 in Precinct 4. 10 COMMISSIONER OEHLER: Move approval. 11 COMMISSIONER LETZ: Second. 12 COMMISSIONER OVERBY: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item. Question or discussion on the 15 motion? 16 COMMISSIONER BALDWIN: One question. At the mouth 17 of the driveway, I'm seeing 50 feet where it comes off of 18 Doris Drive down there, and then again, it says 60 feet up 19 there closer to the top. Just which one is it? 20 MR. VOELKEL: May I address this, please, sir? 21 COMMISSIONER BALDWIN: Well, I would hope you 22 would. 23 MR. VOELKEL: When we came to the Court with our 24 concept plan, that strip was 50 feet wide. The Court asked 25 us to make it 60, which we've done for the plat. As it 2-14-11 17 1 approaches Doris Drive, there's a conflict with the drive -- 2 an existing driveway that accesses the -- what was the 3 4.89-acre tract which is now 2.5. To keep from moving the 4 driveway, we shifted that a little bit. As you can see, it 5 kind of necks down to 50, to not be in conflict with the 6 driveway. 7 COMMISSIONER BALDWIN: So that's the only -- 8 that's -- 9 MR. VOELKEL: That's correct. 10 COMMISSIONER OEHLER: Just a short area there. 11 COMMISSIONER BALDWIN: Okay. 12 JUDGE TINLEY: Any other question or discussion? 13 MR. VOELKEL: Judge, may I make one more comment? 14 JUDGE TINLEY: You surely may. 15 MR. VOELKEL: As Kelly has pointed out, both of -- 16 this plat and the one we just approved were in the ETJ. Both 17 of those have been before the City of Kerrville and have been 18 approved. They will not sign the plat until the County signs 19 it, so I'm just requesting that once the plat gets signed 20 today, we can take it back to the City before it gets 21 recorded, please, sir. 22 JUDGE TINLEY: Any other question or discussion on 23 the motion? All in favor of the motion, signify by raising 24 your right hand. 25 (The motion carried by unanimous vote.) 2-14-11 18 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Let's go to 4 Item 5, if we might. We're nearly there at 9:20, aren't we? 5 Consider, discuss, and take appropriate action to set a 6 public hearing concerning the installation of stop signs at 7 both intersections of Windmill Drive North and Green Oak 8 Drive North located in Precinct 3. 9 MS. HOFFER: James Lang made a request on January 10 22nd, 2011, for stop signs to be installed at both 11 intersections of Windmill Drive North and Green Oak Drive 12 North. There were two developments in this vicinity. One is 13 Pack Saddle Acres, and the other is Hill Country Ranch 14 Estates. Both were done in the mid- to late '60's. When 15 both of these subdivisions were developed, Kerr County did 16 not have subdivision rules and regs that would require a sign 17 design. The current rules require a sign design. If you 18 look at the map we have submitted you -- submitted, you will 19 see that Green Oak Drive meets up with Windmill Drive at two 20 locations. Mr. Lang has a concern that there will be an 21 accident someday at one of these intersections. Under the 22 current rules and regs, the developer would be required to 23 install stop signs at both of these locations. At this time, 24 we ask the Court to set a public hearing for Monday, March 25 28th, 2011, for 9 a.m. concerning the installation of stop 2-14-11 19 1 signs at both intersections of Windmill Drive North and Green 2 Oak Drive North in Precinct 3. 3 COMMISSIONER BALDWIN: Kelly, where is that? Tell 4 me where that is. 5 MS. HOFFER: Do you know where the Red Rose pit is 6 up on Cypress Creek? 7 COMMISSIONER BALDWIN: I know where Cypress Creek 8 is. 9 MS. HOFFER: It's -- Hill Country Ranch Estates is 10 up at the top of the hill. It's that -- 11 COMMISSIONER OEHLER: Hill Country Shooting Sports. 12 MS. HOFFER: Yeah, Hill Country Shooting Sports is 13 across from that. 14 COMMISSIONER BALDWIN: Across the road? 15 COMMISSIONER LETZ: Across the road. Move 16 approval. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval to set a public hearing on the matter for March 28, 20 2001, at 9 a.m. Question or discussion on the motion? All 21 in favor of the motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. We've got a 2-14-11 20 1 number of timed items that we've not yet reached. We'll go 2 to Item 10, which is to consider, discuss, take appropriate 3 action on presentation of the Texas Juvenile Probation 4 Commission 2011 audit at the Kerr County Juvenile Detention 5 Facility. Mr. Stanton? 6 MR. STANTON: Yes, sir. 7 COMMISSIONER OEHLER: Oh, we got blue books today. 8 MR. STANTON: Blue books. T.J.P.C. came out -- or 9 the Texas Juvenile Probation Commission came out and did 10 their audit on January 20th of this year. They looked at 441 11 different standards, reviewed 441 different standards at the 12 facility, including the policy and procedures, facility 13 standards, training, abuse and neglect, health care, 14 restraints, suicide prevention. They spent about three 15 days -- a little over three days out there. And basically, 16 they break it down into four levels; there's Level 1, Level 17 2, Level 3, and Level 4. Level 1 is policies and procedures. 18 Level 2 is facility operations. Level 3 is the actual care 19 of the juveniles, and Level 4 is abuse and neglect and the 20 restraint techniques and things like that that we practice 21 out at the facility. Overall, out of 4,460 points possible, 22 we scored 4,282, which is 96 percent. When they left, they 23 had done half of the facilities in the state of Texas, and we 24 were the -- we were the number one ranked facility in the 25 state at that point. So, that -- that's about it. We had -- 2-14-11 21 1 COMMISSIONER BALDWIN: That's pretty good. 2 COMMISSIONER OVERBY: That is pretty good. 3 COMMISSIONER LETZ: Can we charge more now? 4 COMMISSIONER OEHLER: Yeah. (Laughter.) 5 MR. STANTON: They did five -- they did find five 6 noncompliances that -- and that's on the first -- first and 7 second pages of the booklet that you're looking at. The 8 noncompliances that they did find were in our suicide 9 prevention plan and our discipline plan. We had left off -- 10 we left out two words in our plan, and so we corrected those. 11 We've already sent those back and we're waiting for the final 12 approval to get those back from T.J.P.C. But that's it. 13 COMMISSIONER LETZ: Excellent. 14 COMMISSIONER BALDWIN: Rusty, I guess you paid 15 attention to this, didn't you? 16 JUDGE TINLEY: A lot of folks don't realize that 17 the set of rules that these juvenile detention facilities 18 operate under, there are a jillion rules, and a lot of them 19 are very, very highly technical, and it takes a lot of 20 training with that staff out there to make sure all of these 21 things happen by the numbers and in accordance with all these 22 rules. You've got the Juvenile Probation Commission rules. 23 Then, of course, the facility has its own policies and 24 procedures manual which also must be complied with. And, of 25 course, annually you got to make sure that that policy and 2-14-11 22 1 procedures manual complies with then existing Juvenile 2 Probation Commission standards and rules, which they are 3 prone to change somewhat every once in a while, like every 4 year. So, it's -- it's not just a matter of detaining 5 children and making sure that they get fed and they get to 6 bed and they get their showers and -- and they get their 7 required medical attention. And those that are in school, 8 why, they attend school and so forth. It's a lot more 9 complicated than that, and, Kevin, you've done a great job 10 out there. You know, essentially, you come and give us a 11 report on your audit, and then I think, what, four times a 12 year you send us financials, and -- 13 MR. STANTON: Yes, sir. 14 JUDGE TINLEY: And other than that, he keeps that 15 thing pretty much on autopilot, at least as far as we're 16 concerned. He does all the work. We thank you for that. 17 You're doing a great job. 18 MR. STANTON: Thank you very much. 19 COMMISSIONER BALDWIN: Thank you, Kevin. 20 JUDGE TINLEY: Let's go back, if we might, to 21 Item 6, a 9:25 timed item, to consider, discuss, take 22 appropriate action to review the preliminary revision of plat 23 for Lots 77 and 78KR of Falling Waters Subdivision found in 24 Volume 6, Page 300, Plat Records, and set a public hearing 25 for same, being located in Precinct 3. Ms. Hofer again. 2-14-11 23 1 MS. HOFFER: Mr. and Mrs. Jones own Lot 77 and 78KR 2 and would like to combine both lots to become Lot 77R 3 containing 7.67 acres. Lee Voelkel is the surveyor on this 4 and working on this, so if you do have any questions, he's 5 here and I'm sure can answer any questions that you might 6 have. At this time, we'd ask the Court to set a public 7 hearing for March 29th, 2011, at 9:10 a.m. concerning the 8 revision of plat for Lots 77 and 78KR of Falling Water 9 Subdivision found in Volume 6, Page 300, in Precinct 3. 10 COMMISSIONER LETZ: So moved. 11 COMMISSIONER BALDWIN: Second. 12 MS. PIEPER: Excuse me, Judge. That needs to be 13 March 28th. 14 MS. HOFFER: I'm sorry. March 28th, 2011, at 9:10 15 a.m. Thank you. 16 JUDGE TINLEY: We have a motion and a second to set 17 a public hearing on the matter for March 29th, 2011, at 9:10 18 a.m. Question or discussion on the motion? All in favor of 19 the motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: The motion does carry. Let's go to 24 Item 11; consider, discuss, take appropriate action to 25 purchase camera and equipment for the Juvenile Detention 2-14-11 24 1 Center from capital 2010 loan funds remaining. Additional 2 equipment, new housing for existing equipment due to 3 overheating and poor ventilation problems. Ms. Hargis? 4 Mr. Stanton? 5 MS. HARGIS: I'm going to let -- basically, we 6 picked this up when I went out to do an internal audit on the 7 facility. What, in July? 8 MR. STANTON: Yes, ma'am. 9 MS. HARGIS: And the equipment has to be pulled out 10 from the wall because it overheats, and when it overheats, 11 then it all turns off. And they need that to run the 12 facility. So, this is what it's going to take to bring it up 13 to where it needs to be. But if you -- I mean, it's -- when 14 it was designed, it was put too close to the wall, and 15 there's no ventilation. So, in order to do that, it's going 16 to take a little bit -- it's quite a bit of equipment. It's 17 all -- the VCR and that type stuff; we all know how that gets 18 hot. And it's in that small room, control room. So, this is 19 the bid on it. We've been -- we've both been procrastinating 20 getting it to the Court. So, I think we have a -- you know, 21 I can take it -- I think we have enough money left in the 22 2010 issue, because I think this is an important health and 23 safety type of an issue that we need to comply with. 24 JUDGE TINLEY: Is this in the technology portion of 25 that 2010 issue? 2-14-11 25 1 MS. HARGIS: Mm-hmm. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER LETZ: Move approval. 4 COMMISSIONER OVERBY: I second that. 5 JUDGE TINLEY: Motion made and seconded for 6 approval of the agenda item. Question or discussion? 7 COMMISSIONER BALDWIN: Would you just tell me how 8 much it costs? 9 MS. HARGIS: Yes, sir. There should have been -- 10 COMMISSIONER BALDWIN: Don't tell them. 11 MS. HARGIS: 15,955. 12 COMMISSIONER BALDWIN: 15,959? 13 MS. HARGIS: 55. That's the bid. 14 COMMISSIONER OEHLER: There's no way that you can 15 take this equipment and relocate it away from the wall, and 16 where it would be cooler? 17 MR. STANTON: That's -- 18 MS. HARGIS: That's what they've done, but the 19 space is so constrained, they're going to have to move it out 20 from the wall. Yeah, that's what they're going to have to 21 do, but there's not enough electrical outlets or anything. 22 If you saw the situation, you'd understand. It's -- the 23 wiring is not sufficient and the plugs are not in the right 24 place, so forth and so on, and it's a small space. 25 COMMISSIONER OEHLER: So, what's going to happen to 2-14-11 26 1 the old equipment? 2 MS. HARGIS: We're going to help -- they're adding 3 some, and we're -- 4 COMMISSIONER OEHLER: This is going to be an 5 upgrade? 6 MS. HARGIS: Yes. 7 COMMISSIONER OEHLER: And not totally replacement? 8 MS. HARGIS: No. 9 COMMISSIONER OEHLER: Okay. 10 JUDGE TINLEY: Other question or discussion? All 11 in favor of the motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. Let's go 16 back to Item 7, a 9:30 timed item, to consider, discuss, take 17 appropriate action to declare various items as surplus to be 18 sold as scrap or sold for core value. Ms. Hofer again. 19 We're bouncing back and forth on you. 20 MS. HOFFER: I'm getting my exercise. I'm 21 requesting that the Court declare the items listed below as 22 surplus to either be sold as scrap or sold for core value. 23 Listed next to each item is our anticipated disposition 24 status, scrap or core. Items that we have on here, first 25 item is a 366 GM long block; looking to do core on that. 2-14-11 27 1 366 GM cylinder head, core. 366 GM cylinder head, core. 2 Perkins cylinder head, core. Eaton 5-speed manual 3 transmission, core. Bent-up old Ford brush guard, scrap. 4 910 cat loader bucket, it's twisted and cannot be repaired, 5 scrap. Old Gradall bucket, worn out, scrap. HTC side loader 6 box, bent and twisted, scrap. Old engine block, has a hole 7 in it, and other bent or twisted metal items, scrap. Old 8 junk radiators, scrap. Two steering gear boxes, core. Old 9 water pump engine, scrap. 3208 cat engine, core. Old 10 Wisconsin engine, scrap. Another old Wisconsin engine, 11 scrap. Old clutches and flywheels, scrap. Quick-attach for 12 skid steer, bent, scrap. Old Gradall rock bucket, scrap. 13 Old broken gate valve frame, scrap. And we've also enclosed 14 some pictures of various scrap items, such as worn-out brake 15 drums and rotors, broken gear boxes, bent wheels, worn-out 16 and bent shredder blades, bent and broken bolts and metal of 17 different sizes and shapes, worn-out brake chambers, slack 18 adjusters, hydraulic pumps and cylinders, broken shovels, 19 rakes and brooms. The photos also include worn-out, broken 20 parts from the day-to-day operations of running equipment -- 21 the equipment maintenance facility. 22 COMMISSIONER OEHLER: That's the most exclusive 23 list I've ever seen -- inclusive. 24 MS. HOFFER: We want you to know what we're getting 25 rid of. 2-14-11 28 1 COMMISSIONER OVERBY: All those pictures. 2 COMMISSIONER OEHLER: You picked a good time, I 3 think. Scrap is up; it's around $11 a hundred right now. 4 MS. HOFFER: We've been doing a lot of cleaning at 5 the yard. 6 COMMISSIONER OVERBY: That's good. 7 COMMISSIONER OEHLER: I like that. I move 8 approval. 9 COMMISSIONER OVERBY: I'll second that. 10 JUDGE TINLEY: Motion made and seconded for 11 approval of the agenda item. Question or discussion? All in 12 favor of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Another 9:30 17 item, Number 8; consider, discuss, and take appropriate 18 action to allow Flores Security to provide security for 19 events at the Hill Country Youth Exhibit Center. Mr. Flores? 20 MR. FLORES: Well, hello again. 21 JUDGE TINLEY: Now's your opportunity. 22 MR. FLORES: Yes. My name is Daniel Flores. I 23 live at 300 Pearl Street here in Kerrville. My son and I, we 24 own Flores Security. From -- we've been in operation since 25 2000, and from time to time we've done security there at the 2-14-11 29 1 Kerrville agriculture building. The last time that we did 2 security there was this past Saturday, with Jody's approval, 3 and she suggested that I come in front of you -- in front of 4 the Commissioners and you, Judge, and see if I could get 5 approved to do security there, you know, whenever we're 6 asked, you know, to do security. We do security for parties, 7 weddings, things of that nature. And that's all I'm here 8 for, just to look for approval. 9 JUDGE TINLEY: I think the issue revolves around, 10 quote, certified peace officers versus officers which are not 11 certified peace officers, but trained security personnel 12 otherwise. And I believe that's really what's in issue, 13 isn't it, Mr. Flores? 14 MR. FLORES: Yes, sir. 15 JUDGE TINLEY: Okay. 16 MR. FLORES: And my security officers are all 17 certified. We are insured. I brought a copy of the general 18 liability insurance. And we have commissioned and 19 noncommissioned officers. 20 JUDGE TINLEY: Is it your intent, in requesting 21 permission for the Youth Exhibit Center, to use only the 22 commissioned officers? Or use both commissioned and 23 noncommissioned? 24 MR. FLORES: We use both, sir. 25 JUDGE TINLEY: Okay. 2-14-11 30 1 MR. FLORES: Mm-hmm. 2 JUDGE TINLEY: So, that's what it boils down to. 3 MS. GRINSTEAD: Exactly. 4 JUDGE TINLEY: The criteria seems to, you know, 5 indicate certified peace officers. 6 MR. FLORES: Yes, sir. 7 JUDGE TINLEY: Which would be commissioned 8 officers. 9 MR. FLORES: Yes, sir. 10 JUDGE TINLEY: Okay. If I'm not mistaken, y'all 11 have for some time now provided security out there with the 12 Arts and Crafts Fair, haven't you? 13 MR. FLORES: Yes, sir. We started doing security 14 for them before we formed the company, and we've been doing 15 security for the Texas Arts and Crafts for about 14 years. 16 JUDGE TINLEY: Okay. 17 MR. FLORES: For Bob Miller, and now it's -- I 18 can't remember her name right now. 19 JUDGE TINLEY: Penny. 20 MR. FLORES: Penny, that's right. So, yeah. And 21 when they have arts and crafts items, you know, in the -- in 22 the building -- the agriculture building, you know, we do 23 security there also for them. But we use noncommissioned 24 officers, you know, because there is no alcohol involved or 25 anything like that. You know, just the general public out 2-14-11 31 1 there. 2 COMMISSIONER LETZ: When there is alcohol involved, 3 you would have a commissioned officer on duty? 4 MR. FLORES: We can. 5 COMMISSIONER LETZ: 'Cause I think that would be 6 good -- 7 COMMISSIONER OVERBY: Yes, I agree. 8 COMMISSIONER LETZ: -- a good idea, you know, on 9 those events. I don't have any real problem unless -- I 10 mean, I look to the County Attorney a little bit to see if 11 there's any reason we have to have a certified peace officer. 12 I mean, there's lots of security companies around that 13 provide security statewide, and probably beyond. 14 MR. HENNEKE: Mr. Flores, are you finding that 15 there's a shortage -- 'cause these are usually officers that 16 work off duty that contract with you to provide security; is 17 that right? 18 MR. FLORES: You mean like deputies? 19 MR. HENNEKE: Yes, sir. 20 MR. FLORES: I've hired deputies before. I had -- 21 as a matter of fact, when Mooney was still in operation -- we 22 did security for Mooney for approximately six years, and when 23 Mooney was in operation, from time to time we would hire 24 police officers or the deputies either from Kerr County, 25 Bandera, Gillespie County. 2-14-11 32 1 MR. HENNEKE: Mm-hmm. 2 MR. FLORES: From all over. Because a lot of 3 times, you know, Kerr County deputies were all busy, you 4 know, so we hired from all the surrounding counties. The 5 thing there is, Mooney was able to pay us enough so that I 6 could pay, you know, the police officers or deputies, you 7 know, enough, you know, for them to be there. The security 8 officers, of course, you know, I pay them a lot less, 9 because, you know, the money's just not there. 10 COMMISSIONER OVERBY: Question. On the security, 11 is the County -- are we -- do we have several options at the 12 events that we have out there? Is there a list of security 13 folks that they can hire out with to provide the security, or 14 is it just one exclusive -- 15 COMMISSIONER OEHLER: I think this is part of the 16 question, because in the past, unless I guess an event has 17 asked for Mr. Flores to do it, it's mostly done by, I think, 18 your constable, Angel. 19 COMMISSIONER LETZ: Angel? 20 COMMISSIONER OEHLER: Angel's kind of done a lot of 21 that, and -- or is he not doing it any more? 22 JUDGE TINLEY: No. 23 MS. GRINSTEAD: Angel does maybe one event per year 24 by himself. We use Kerrville Police Department officers, so 25 if they want security and I set it up for them, we call over 2-14-11 33 1 to K.P.D., and it's off-duty officers. If they want to set 2 it up for themselves, I just tell them it must be a certified 3 officer. So if they have friends or family that are with, 4 you know, Sheriff's Department or Gillespie County or -- as 5 long as it's a licensed peace officer. Every once in a while 6 they will ask about Flores Security, and I say it must be a 7 licensed peace officer. That's why we're here. So, I need 8 you to specify, I guess -- in his terms, it's either 9 commissioned or not. I need direction from you, because I 10 would only tell him it's got to be a commissioned officer. 11 JUDGE TINLEY: Sheriff? 12 SHERIFF HIERHOLZER: The only thing I would -- just 13 for clarification, I don't have any problem with it, but I 14 think when Mr. Flores is talking commissioned officers, he's 15 talking commissioned security officers, and y'all are talking 16 commissioned peace officers. And there's two totally 17 different commissioned officers, and that just needs to be 18 explained. 19 COMMISSIONER LETZ: I think -- I mean, I have no 20 problem with using Mr. Flores, but I think that it needs to 21 be a policy change rather than just an exception, because I 22 don't want -- you know, I think -- I think we should, you 23 know, maybe bring it back and relook at what our criteria are 24 for security out there, who can do it, because I don't want 25 to get in the situation of every security company around, 2-14-11 34 1 every time one wants to go out there, that they have to come 2 to us and get special approval. It ought to be a criteria, 3 and I have no problem with looking at the criteria and 4 modifying it. I frankly never paid that much attention to 5 what -- I knew we were primarily using K.P.D. officers, but I 6 didn't know what the criteria was. I would rather do it that 7 way than -- 8 COMMISSIONER OEHLER: Individual. 9 COMMISSIONER LETZ: -- individually. 10 MR. HENNEKE: I would suggest that we look at it. 11 I mean, we know that if you're a certified peace officer, 12 that meets certain established, you know, statewide 13 recognized criteria. And I'm not so sure that I'm familiar 14 with what established criteria there are for just a security 15 officer. And while Mr. Flores' firm has, you know, certain 16 criteria, another firm that may want to come might have a 17 totally different criteria, and then it's trying to evaluate, 18 you know, individuals who don't have that standard of the 19 certified peace officer. 20 COMMISSIONER BALDWIN: Well, if you have -- if 21 you're talking about a TCLEOSE-certified, they're either 22 TCLEOSE-certified or they're not TCLEOSE-certified. 23 MR. HENNEKE: Right. And my -- 24 COMMISSIONER BALDWIN: There's not an in-between 25 thing there. Now, I don't know about the other 2-14-11 35 1 certification. I have no idea. 2 SHERIFF HIERHOLZER: I would think you need to stay 3 with either -- either a -- you have to look at certified or 4 commissioned. "Commissioned" means an agency's carrying that 5 person's, but if you're to say "certified," certified peace 6 officers or commissioned security officers, not the ones that 7 are not commissioned. 'Cause you can hire anybody off the 8 street as a -- as a security officer, but you need the 9 commissioned security officers. 10 COMMISSIONER BALDWIN: Yeah. 11 SHERIFF HIERHOLZER: Is what I would say. 12 MR. FLORES: Well, excuse me, sir. 13 SHERIFF HIERHOLZER: That's fine. 14 MR. FLORES: You can't hire just anybody off the 15 street any more. At one time or another, you probably could, 16 but now you can't. If we hire an individual, we have two 17 background checks on him, and one of them is done by the FBI. 18 All this paperwork goes to Austin on the individual, and 19 Austin is the one that approves them. You know, they tell 20 me, "Yes, you can hire them," or, "No, you can't," and that's 21 the way it is right now. Now, I know that there's still 22 establishments here in Kerrville that use anybody off the 23 street. They just throw them a T-shirt that says "Security" 24 on them, and that's it. Now, with -- with my company, every 25 one of my -- my noncommissioned officers or commissioned 2-14-11 36 1 officers carry their pocket card, so if the Sheriff or his 2 deputies or the Police Department goes to an establishment 3 where my company is doing security, they can question them, 4 and they'll have to show them that pocket card. And that 5 pocket card has an expiration date. And so, I mean, it has 6 to -- everything is done, you know, with strict regulations. 7 JUDGE TINLEY: Mr. Flores, I think we probably need 8 to look at this, as Commissioner Letz suggested, as a policy 9 matter to try and, number one, educate ourselves as to what 10 these various categories are. Certified peace officer, of 11 course, is -- is one definition, and those are 12 TCLEOSE-certified. But below that, trying to determine a 13 policy that is applicable to everybody, including your 14 organization, is something we need to look at, and I think we 15 need to have the County Attorney in this discussion so that 16 if there are any requirements that we have, -- 17 MR. FLORES: Yes, sir. 18 JUDGE TINLEY: -- or that have liability 19 ramifications for the County, we need to get those plugged 20 in. But why don't we bring this back -- can we do it in two 21 weeks, or is it going to take 30 days to get this one plugged 22 in? 23 COMMISSIONER LETZ: It's more on the County 24 Attorney to -- 25 JUDGE TINLEY: Yeah. 2-14-11 37 1 MR. HENNEKE: I'll be available; we can work on 2 this. Two weeks is fine. 3 JUDGE TINLEY: Okay. Let's go ahead and bring this 4 back two weeks from today, and see if we can't -- 5 MR. FLORES: Okay. 6 JUDGE TINLEY: -- get a broader issue -- 7 MR. FLORES: Sure. 8 JUDGE TINLEY: -- resolved here. Okay? 9 MR. FLORES: Yeah. 10 JUDGE TINLEY: Thank you, sir. 11 MR. FLORES: I would like to leave a copy of my 12 liability insurance. 13 JUDGE TINLEY: Absolutely. 14 MR. FLORES: With the County Attorney? 15 JUDGE TINLEY: Yeah, that'll be fine. 16 COMMISSIONER OVERBY: Thank you. 17 MR. HENNEKE: Thank you. 18 MR. FLORES: Thank y'all. 19 JUDGE TINLEY: Thank you, Mr. Flores. Let's go to 20 Item 9, which is our 9:35 timed item, to consider, discuss, 21 take appropriate action to request authorization to dispose 22 of or sell up to $1,500 in value of scrap, broken, worn-out 23 parts any month under a blanket court order. Scrap, broken, 24 worn-out parts are accumulated in the day-to-day operations 25 of the Road and Bridge vehicle and equipment maintenance 2-14-11 38 1 facility. 2 MS. HOFFER: Last one. 3 JUDGE TINLEY: You're just wanting to kind of -- 4 MS. HOFFER: Just caught my breath. 5 JUDGE TINLEY: -- stay even with the game here 6 instead of coming back every once in a while with a big 7 grocery list? 8 MS. HOFFER: For small stuff. We did put a limit 9 on it. I'm requesting that the Court issue a blanket court 10 order limited to $1,500 or less on a monthly basis to 11 authorize the sale of worn-out parts and scrap accumulated in 12 the day-to-day operations of Road and Bridge's vehicle and 13 equipment maintenance facility. I am making this request in 14 order for Road and Bridge to dispose of the worn-out parts 15 and scrap materials in a more timely and efficient manner. 16 We can also maintain a cleaner and safer work environment by 17 doing that. 18 JUDGE TINLEY: Ms. Hargis, do you have a question 19 in your mind with regard to something being declared surplus 20 or not? 21 MS. HARGIS: Well, we have a $500 threshold right 22 now, which I tried to get y'all to change a couple years ago, 23 on the depreciation. So, you know, we need to raise that 24 threshold on pretty much everything, because right now we're 25 having to depreciate anything that's $500. So, you know, 2-14-11 39 1 she's going to have to report that to me every time she does 2 it, because we may have it on -- on the books, unfortunately. 3 COMMISSIONER OEHLER: You wouldn't have any of this 4 stuff on the books. It's not -- it's not tagged with an ID 5 number of any kind. It's just parts. Pieces, parts. 6 MS. HARGIS: No, if it's over $500, we depreciate 7 it. That's the way the court order reads. In fact, we 8 didn't tag this stuff. I don't tag stuff. Tommy tagged 9 stuff. I don't tag stuff. 10 COMMISSIONER LETZ: But what Bruce is saying, this 11 is like an engine block of the truck. You're depreciating 12 the truck, not the engine block. 13 COMMISSIONER OEHLER: Yeah. These are rotors, -- 14 COMMISSIONER LETZ: Brakes. 15 COMMISSIONER OEHLER: -- brakes and drums, and -- 16 MS. HARGIS: It's the same thing with chairs. 17 COMMISSIONER OEHLER: -- parts of a vehicle that 18 was actually -- it's been replaced, or the vehicle's been 19 declared surplus, and so -- 20 COMMISSIONER LETZ: Yeah. I mean, I don't mind 21 doing this one, but also I don't have a problem with 22 Ms. Hargis bringing it back at our next meeting to raise the 23 total limit to $1,500, either for what we depreciate -- 24 MS. HARGIS: Most everybody's at $2,500 because 25 of -- 2-14-11 40 1 JUDGE TINLEY: I was going to say, 1,500's kind 2 of -- pretty low. 3 MS. HARGIS: 2,500 is what it was when I left 4 Houston. And -- 5 COMMISSIONER OEHLER: That's fine with me. 6 COMMISSIONER LETZ: That's fine. Bring that back 7 as a separate item, and let's go ahead and just deal with 8 this one. 9 MS. HARGIS: But she'll still have to send me a 10 list of what she's getting rid of, because we have to show 11 that that part's been replaced, whether or not -- on that 12 truck or vehicle, because it's -- it changes the value of 13 that vehicle. When they put in a new motor, it changes the 14 value of the vehicle. 15 JUDGE TINLEY: I can understand a new motor. What 16 if she puts new brake pads on a vehicle? What if she puts 17 new -- 18 MS. HARGIS: I still need a copy of it. When the 19 Sheriff gets rid of all of his stuff, regardless of how much 20 is junk, he sends it to me so we can check and make sure it's 21 not on there. 22 JUDGE TINLEY: You just want to know what she's 23 getting rid of? 24 MS. HARGIS: That's right. 25 JUDGE TINLEY: Okay. 2-14-11 41 1 COMMISSIONER OEHLER: Junk. 2 JUDGE TINLEY: Miscellaneous spare parts, worn-out 3 spare parts. 4 COMMISSIONER LETZ: Move approval of the agenda 5 item. 6 COMMISSIONER OVERBY: I'll second that. 7 JUDGE TINLEY: Motion made and seconded for 8 approval of the agenda item. Question or discussion? All in 9 favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion carries. Let's go to 14 Item 12; to consider, discuss, take appropriate action to 15 approve GASB 45 actuarial valuation for 2010-11 with Gabriel, 16 Roeder, Smith and Company on a two-year proposal to prepare 17 the actuarial study as required for the external audit, 08-09 18 being $4,860. Cost for 10-11 -- through 10-11, 2011-12, is 19 $4,885. Ms. Hargis? 20 MS. HARGIS: This is the -- the GASB standard for 21 the post-retirement benefits that we have to do. So this -- 22 again, this contract has been through the -- is bid through 23 the interlocal agreement, so it's in line. Once you get them 24 started, it's pretty expensive to change, so it's a two-year 25 deal. He upgrades it; then we can go for two years with no 2-14-11 42 1 audit. Then we have to do it again. 2 COMMISSIONER LETZ: This is in the budget? 3 MS. HARGIS: Yeah. 4 COMMISSIONER LETZ: Move approval. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval. Question or discussion? All in favor of the 8 motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion does carry. Item 13; 13 consider, discuss, take appropriate action regarding 14 execution of a participation agreement and cooperative 15 purchasing agreement that authorizes Kerr County to 16 participate in the Texas Payment Card Consortium through City 17 of Fort Worth. Ms. Hargis again. 18 MS. HARGIS: Two years ago, we obtained a few 19 credit cards. I think we have approximately 12 to 15. It's 20 mostly with our officers who transport, that being Juvenile 21 Detention and Juvenile Probation and at the Sheriff's Office. 22 We have two other ones here. We've got some that we're going 23 to cancel that have never been used, but they're mostly for 24 transport, and it was to keep down our petty cash fund. The 25 State of Texas bids the bank who handles this credit card, 2-14-11 43 1 and I'm not sure if it's a two-year plan or on a five-year 2 plan, but we got on the back end of the Chase Bank doing it 3 for the State of Texas. They have now lost the contract, and 4 it's going to another bank, which is Citizens Bank. And the 5 paperwork involved in changing these cards are astronomical, 6 so we would prefer staying -- 'cause we don't have a huge 7 amount of them; there's only 12 of them -- staying with Chase 8 Bank under this agreement that they've done with the City of 9 Fort Worth. So, it's really just continuing what we already 10 have. And the state just changed their provider, and in 11 order to switch, we've got to go through -- I had to do 12 webinars and everything; there was a 90- to 120-day process. 13 I really don't want to go through that again. It's working 14 very well, especially for the Sheriff's Office. That's where 15 we needed it the most. It's mostly used to pay airline 16 tickets, things of that nature, when they're traveling. And 17 the same -- and for schools. The same thing happened; we 18 needed to transport a juvenile about three or four weeks ago. 19 We were able to buy that person an airline ticket and get 20 them back to where they needed to be, which was California. 21 So, it's for long distance type stuff. So, I just need to go 22 through the City of Forth Worth instead of State of Texas. 23 JUDGE TINLEY: This is essentially a renewal of an 24 existing agreement that we have? 25 MS. HARGIS: It's a renewal of the existing 2-14-11 44 1 agreement, except it's just through the City of Fort Worth 2 instead of through the State of Texas. 3 JUDGE TINLEY: Same terms and conditions? 4 MS. HARGIS: Same terms and conditions. Nothing 5 changes. 6 JUDGE TINLEY: County Attorney had an opportunity 7 to review that volume of paperwork that came with it? 8 MS. HARGIS: Yes. Yes. 9 MR. HENNEKE: We can do this. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER OEHLER: Not very interesting reading. 12 JUDGE TINLEY: No, it's not. 13 MS. HARGIS: Sorry. 14 COMMISSIONER LETZ: I move approval. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the agenda item. Question or discussion? All in 18 favor of the motion signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion does carry. Let's move 23 to Item 15; consider, discuss, take appropriate action to 24 authorize Kerr County Sheriff's Office to accept 25 communications equipment purchased by AACOG from PSIC grant 2-14-11 45 1 funds, and to submit a letter to T-Mobile describing the 2 equipment to be placed on their Center Point tower. 3 Mr. Barton? 4 MR. BARTON: How are y'all doing this morning, 5 gentlemen? 6 JUDGE TINLEY: Fine. 7 MR. BARTON: This is just to let y'all know AACOG 8 recently contacted us. They had some PSIC grant fund money, 9 which I believe is going to be Public Safety Interoperability 10 Communications grant funds, that they had that they wanted to 11 use to purchase repeater equipment in the rural counties. We 12 submitted five projects. Rowan Zachary submitted two on 13 behalf of two of the volunteer fire departments. It looks 14 like that of the 22 grant repeaters that are going to be 15 purchased with this grant, Kerr County's going to be 16 receiving seven of them. Roughly, it's about $194,000 worth 17 of radio equipment. Currently, the volunteer fire 18 departments, we have two channels for them which they lease 19 from a paging company, and those are not public safety 20 channels; they're wideband. We've got a narrow band time 21 frame coming up, mandate to get changed. With this project, 22 we get this equipment. We've ordered up three narrow band 23 VHF licenses. Both have a -- a new Fire Com West, a Fire Com 24 Central, and establish a Fire Com East channel that we have 25 not had in the past. This grant will pay for all the 2-14-11 46 1 equipment necessary to do this. 2 T-Mobile has graciously allowed us to utilize their 3 tower off of 480 just right outside of Center Point to put 4 this equipment on at no cost, which is a considerable savings 5 for the -- for the fire departments. All I need to do is 6 have authorization to send them a letter with the equipment 7 that we're going to be placing on their towers so they'll 8 have it just for their file. No contracts to enter into. 9 We'll continue to use the CTEC tower off of Highway 41 that's 10 currently being used for Fire Com West. We'll just use it 11 with this new channel. Fire Com Central will be hung up at 12 the Cherry Ridge tower. Two of the repeaters that Rowan 13 applied for and that are part of this Kerr County deal, 14 Mountain Home Volunteer Fire Department will get a repeater, 15 and Ingram Volunteer Fire Department is also going to get a 16 repeater. So, I'm just bringing y'all up to speed, and 17 request permission to accept this equipment as this goes 18 forward, and the right to send a letter to T-Mobile and 19 explain to them the equipment that we're going to be putting 20 up. 21 COMMISSIONER LETZ: Do the fire departments have to 22 do anything? Or -- I mean, just changing them, it sounds 23 like. 24 MR. BARTON: They will ultimately have to do some 25 reprogramming of their radios. They're in the process right 2-14-11 47 1 now, Commissioner, of having to make sure that all their 2 equipment they have is at least narrow band capable. A lot 3 of them still have some wideband equipment that they need to 4 replace. We'll probably, for a time frame, continue to 5 run -- they're already paid up for their current channels. I 6 think they do a year at a time, so there's going to be an 7 interim where we'll have both until everybody gets 8 reprogrammed before we every switch over and just have one 9 Fire Com West. We'll be operating two different frequencies. 10 So, they will have to do some -- they'll have some costs for 11 reprogramming. But -- 12 JUDGE TINLEY: Narrow band mandate is effective -- 13 MR. BARTON: January of 2013. 14 JUDGE TINLEY: Less than two years down the road. 15 COMMISSIONER LETZ: And just remember that we have, 16 I think, two fire departments that are outside of the 17 county -- three -- actually three that we support outside the 18 county. 19 MR. BARTON: Tierra Linda, and also -- 20 COMMISSIONER LETZ: Castle Lake and Comfort. 21 MR. BARTON: -- Comfort and Castle Lake. I haven't 22 talked to them, but Comfort and Tierra Linda both are -- know 23 what we got going on. I actually forgot about Castle Lake. 24 COMMISSIONER LETZ: Always forget my precinct. All 25 right. Move approval. 2-14-11 48 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agenda item. Further question or discussion 4 on the motion? All in favor of the motion, signify by 5 raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: The motion does carry. Item 16, to 10 consider, discuss, take appropriate action to accept the 11 audit report of Kerr County Animal Control. Ms. Mabry? 12 MS. MABRY: Hello. I did an audit of Kerr County 13 Animal Control. The reason why I'm bringing this to you 14 today is, one, that Animal Control does meet the public, and 15 so the public should probably know about it, and also, we are 16 increasing the number of surprise cash audits and wanted to 17 make you aware of that as well. As it states in the report, 18 the only issue that we noted was that the department's cash 19 box was not locked away properly. I was made aware that that 20 is not a normal condition, that that -- they had just had a 21 transaction; it was out. But I did say, regardless, it still 22 does need to be locked up as soon as a transaction has been 23 completed. And that is all. 24 COMMISSIONER LETZ: Move we accept it. 25 COMMISSIONER OEHLER: Second. 2-14-11 49 1 JUDGE TINLEY: Motion made and seconded to accept 2 the -- the audit report of Kerr County Animal Control. 3 Question or discussion? All in favor of the motion, signify 4 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 go to 9 Item 14, a 10 o'clock item. It is that time now. To 10 consider, discuss, take appropriate action to approve and 11 support Alamo Area Council of Governments regarding the Kerr 12 County weatherization assistance program, the funding 13 provided through economic stimulus programs. Commissioner 14 Overby? 15 COMMISSIONER OVERBY: Yes, Judge and Commissioners. 16 I do not see Mr. Ramos here right now, but I wanted to bring 17 this before the Commissioners Court to discuss the 18 weatherization program through AACOG. As you know, recently, 19 just getting appointed to this board, one of the very first 20 things that came up, the weatherization economic stimulus 21 money that has been sitting there for this program has been 22 -- has quite a large sum in there for Kerr County to take 23 advantage of in this program. It was brought to my attention 24 that we have approximately, through the stimulus money, about 25 $350,000 to maybe as much as $400,000 in this weatherization 2-14-11 50 1 program that we need to take advantage of for Kerr County 2 citizens, and especially those that are low income folks that 3 need assistance to help modernize and help with those type of 4 things that can help their homes be more energy efficient. 5 Again, there is an application process. There is 6 an assessment process after the application has been done to 7 see if they qualify. Then the assessor goes to the house and 8 they look and see what type of upgrades or things that they 9 can do to help make their homes be a lot more energy 10 efficient. This can -- again, if the applicant does qualify 11 through their income, this would help them as far as helping 12 either windows, upgrading as far as weatherization around 13 their windows, more energy efficient maybe stoves, 14 refrigerators, even air-conditioners. So, it is -- it is a 15 program that we're trying to make known to our community 16 right now, and county. We're making this appeal to not only 17 Commissioners Court today; we made this appeal last week to 18 get the support of Kerrville City Council and the City of 19 Ingram also behind this program, and to help get the news 20 out. We have scheduled March 3rd here in Kerrville and Kerr 21 County, at the Ag Barn, to have the application process where 22 we will have folks from AACOG that will be here and helping 23 on this process for applicants to come in. That will be done 24 from 2 o'clock until 7 o'clock on March 3rd. 25 And, again, those folks that come in, if they 2-14-11 51 1 qualify for this program, we would like to see those moneys 2 being used here in Kerr County. Again, it's part of the 3 weatherization program. I will be making this appeal also to 4 the City of Ingram tomorrow night for their support. We will 5 be having posters put up around town. Another thing about 6 this program, not only is it for low income, but also 7 renters, people who are also -- even though the landlord may 8 not be upgrading those facilities, but also a renter can 9 qualify as well through this application. So, again, I'd 10 really like to see this money being spent. If we don't spend 11 it here, the money will revert back to Bexar County, and we 12 do have an August 1st deadline. And I have been told that we 13 will be -- we are -- we're first on the plane here to spend 14 this money, so we would like to -- to move forward with this 15 application and this process. So, March 3rd. And my request 16 today is just to have the County Commissioners support this 17 weatherization program in Kerr County, and to help us to have 18 a good participation and your encouragement with that 19 program. 20 COMMISSIONER OEHLER: I think that the program is 21 kind of -- I think the awareness of it has kind of died down. 22 For a while, it was going pretty good. I had several people, 23 my constituents, that had upgrades done. But I didn't know 24 whether it kind of -- the time had passed, or whether we 25 still had money available or it could still be done. I 2-14-11 52 1 commend you for that, because there are people I know that 2 need the assistance, that need to be aware and get down and 3 get the application filled out and see if they can -- they 4 can qualify. 5 COMMISSIONER OVERBY: You bet. 6 JUDGE TINLEY: Probably within the last two weeks, 7 there was renewed interest in weatherization, so that might 8 have been the perfect springboard to get some effort behind 9 this. 10 COMMISSIONER LETZ: Commissioner, what is the basic 11 criteria? I mean, income? Or do you have to just do the 12 application? 13 COMMISSIONER OVERBY: They bring in their 14 applications, and they'll check to see if they qualify. Now, 15 again, their pay stubs they can bring in, or whatever -- 16 their tax base, so they can do that. They'll check to see if 17 they qualify, the application. And then what they do is come 18 in and do an assessment after they qualify of what they 19 actually need in the home, how they can upgrade, how they can 20 help that process. 21 COMMISSIONER LETZ: Do we know about what the 22 income level is for a family of four? 23 COMMISSIONER OVERBY: Yes. In the application, 24 there are stated levels of -- there they are. They're coming 25 in. 2-14-11 53 1 JUDGE TINLEY: The experts. 2 COMMISSIONER OVERBY: Come on in, Mr. Ramos. Good 3 timing right now to come on in. We just started talking 4 about that. This is Joe Ramos. 5 MR. RAMOS: Morning, Judge Tinley, Commissioners. 6 How are you? 7 COMMISSIONER OVERBY: Welcome. 8 MR. RAMOS: I haven't written my speech yet. 9 COMMISSIONER OVERBY: That's okay. Let me tell you 10 where we are, and then I would like you and Raquel -- good to 11 see you, Ms. Guzman. Welcome to Kerr County. Glad to have 12 you up here today. Joe and Raquel came up last week and made 13 a presentation at our economic partners, City of Kerrville. 14 They're here today as well. Joe, what we've talked about 15 just basically is I mentioned the March 3rd date that we've 16 got set up for our -- at the Ag Barn, the application process 17 with the weatherization program. Commissioner Letz has asked 18 some questions. Just give us a little summary of the program 19 for the Commissioners and the Judge, and then maybe some more 20 about the qualifications as far as levels of income and some 21 of those folks that qualify for these programs. 22 MR. RAMOS: Okay, be glad to. Thank you very much. 23 Again, good morning. Joe Ramos with Alamo Area Council of 24 Governments. And the weatherization program, we've had that 25 at AACOG for the last 12 years under a regular program. At 2-14-11 54 1 the end of 2009, we had an influx of stimulus dollars that 2 came to the COG, and since that, then things have been turned 3 upside down. With that money comes a lot of red tape, a lot 4 of strings attached to it for the recipient of those dollars. 5 So, we're the ones that are having to make sure we spend the 6 dollars correctly and follow all of the federal and state 7 guidelines. As a matter of fact, today state monitors 8 arrived at the office just as we were leaving, so they'll be 9 with us all week long to make sure that we're implementing 10 the program correctly. The program covers all 12 counties. 11 As I'm sure you know, AACOG covers 12 counties, all those 12 contiguous to Bexar County all the way to Gillespie County. 13 Karnes and Frio County are the other ones. 14 The weatherization program is -- is not a 15 remodeling or rebuilding type of program. It's really a 16 conservation, energy efficiency program. So, what we do is 17 we go into someone's dwelling and we run some assessments and 18 some tests to see where energy is being lost in that envelope 19 of that particular dwelling. And based on that criteria that 20 we take down at that time, we go back; we have a computer 21 software program that the federal government put together for 22 us, and we look at the things that that program will allow 23 you to spend money on on that particular dwelling. And each 24 house is different. You can have a house right next to one, 25 or across the street from one, and they'll be as different as 2-14-11 55 1 day and night. So, we can never go in and tell one person 2 that we're going to do this, this, or that based on what we 3 did at their neighbor's house. Every house is different. 4 But we look at things such as insulation in the 5 attic, insulation in the walls. We'll look at windows and 6 doors. We'll look at HVAC systems. We look at window units. 7 We look at space heaters. We look at appliances to see if 8 they're energy efficient or not, and in a lot of cases, if 9 the appliances are older than 1995, more than likely they're 10 going to be replaced. So, we look at all those things that 11 are going to impact the energy efficiency of that envelope, 12 and -- and we try to repair them. We average about $6,500 a 13 home, but we have enough different pockets of money that we 14 can go up to as high as $13,000 a home if we have to. 15 It's -- the program is a federal program under the Department 16 of Energy, and in Texas, it comes through the Texas 17 Department of Housing and Community Affairs, and it's 18 targeted at low income families. In your packet that you 19 received, there's a little flyer, and on there -- and, in 20 fact, these -- these poverty level income levels just changed 21 a couple weeks ago. These are the brand new ones. 22 COMMISSIONER OVERBY: Can you state those levels 23 for Commissioner Letz? He had asked -- you got it? 24 COMMISSIONER LETZ: I see the handout back there. 25 MR. RAMOS: It's really 200 percent above the 2-14-11 56 1 national average, so it's quite a liberal program to get as 2 many people in there as we can. I'm sorry, I thought you 3 already had packets. 4 COMMISSIONER OVERBY: No, I've got it. 5 COMMISSIONER OEHLER: You have a runaway there, 6 Judge. 7 JUDGE TINLEY: I thought Jon was over here pulling 8 on the back of my chair. 9 COMMISSIONER BALDWIN: He was. 10 JUDGE TINLEY: But he wasn't. 11 COMMISSIONER LETZ: I'm just quick. 12 MR. RAMOS: So, again, qualifications are based on 13 household income. And -- and the dwelling, the applicant can 14 be a renter, can be a homeowner, even the owner of a 15 trailer -- of a mobile trailer as well. If it's a renter 16 that's applying, we have to get written permission from the 17 homeowner to be able to do the work on the house. But, 18 again, it's based on household income. And as you can see, 19 it lists one family member up to eight family members, so we 20 look at a composite of that income to see if they qualify. 21 And even if a person or a household qualifies financially, we 22 can still deny that home based on certain criteria. If 23 there's major roofing problems or major foundation problems, 24 or if it has -- 25 COMMISSIONER OVERBY: Wiring. 2-14-11 57 1 MR. RAMOS: -- old electrical wiring, what they 2 call knob and tube wiring. Sometimes the house can be denied 3 because of that. Or if it is knob and tube wiring, we've 4 come up with some new techniques to be able to insulate 5 around that -- around that wiring to make -- still make it 6 safe and still provide some energy efficiency for that house. 7 And the process, once the applicant is -- is qualified and 8 they get on our waiting list, then we send an assessor out to 9 their home. We'll spend about two, two and a half hours out 10 there assessing the home, and then -- and then we come back 11 and provide that input into our software, do an audit, and 12 that audit will tell us exactly what we're going to spend and 13 things that we're going to going to fix on that house. And 14 then once the contractor gets through with it, we go out and 15 do a final inspection, and the -- and the case is closed. 16 Again, there's no commitment to the applicant, whether it's a 17 renter or an owner. All of the -- all of the strings 18 attached to the money are to us as the recipient of that 19 grant, to make sure that we spend it correctly and wisely. 20 COMMISSIONER OVERBY: And, again, Kerr County is 21 kind of in the forefront right now where they want to 22 fast-track this type of program right now to expedite the 23 process, correct? 24 MR. RAMOS: Exactly. As I mentioned earlier, in 25 2009 we had an influx of the stimulus dollars. We're down to 2-14-11 58 1 the last seven months of that grant program. I still have 2 close to $8 million to spend, about half a million of that 3 here in Kerr County, so I got to get numbers. I got to get 4 applicants to fill out those applications, and hopefully we 5 can get them qualified and come out here with our contractors 6 and do the work. 7 COMMISSIONER BALDWIN: It looks like maybe this -- 8 looking at the monthly income, I may qualify for some of 9 this. But I'm interested in -- that was a joke. 10 MR. RAMOS: I smiled. 11 COMMISSIONER BALDWIN: Yeah. I'm interested in how 12 many, 'cause a few months ago, I -- Commissioner Williams was 13 over on Schreiner Street, and there was a videotape made of a 14 lot of that, if you remember. And I'm curious of how many 15 homes have been serviced in this cycle. 16 MR. RAMOS: For Kerr County, I don't remember the 17 exact number of homes, but we spent about $140,000 so far of 18 the total dollars. 19 COMMISSIONER OVERBY: Seventy-six. 20 MR. RAMOS: Seventy-six, okay. 21 COMMISSIONER OVERBY: To answer that. 22 COMMISSIONER BALDWIN: That's great. 23 COMMISSIONER OVERBY: I'd like to see it all get 24 used up. 25 MR. RAMOS: Well, we would too. And even if we 2-14-11 59 1 exceed the dollar amount that we have set aside for the 2 county, I can get additional dollars from the other counties 3 that aren't spending as fast. But I'm out -- I'm out to as 4 many counties as I can, as many cities as I can to get the 5 word out. Hopefully we can get those applications coming in. 6 And, again, we're going to -- we partnered with Commissioner 7 Overby to -- to not only make presentations here, but we were 8 at Kerrville City Council last week. We'll be at Ingram City 9 Council tomorrow night. We have a March 3rd event at the Ag 10 Barn. It's going to start at 2 o'clock, run till about 7:00, 11 and we'll have staff there helping people actually fill out 12 the applications on-site. If people can't come in, they can 13 try to get a copy of our applications. They're posted on our 14 web site, AACOG.com. You'll see a little house on the 15 left-hand side; click on that house and it takes you right to 16 the site where that application is located. 17 COMMISSIONER OVERBY: And application are also at 18 our Workforce office as well? 19 MR. RAMOS: Exactly, we have applications at the 20 Workforce office. They can call our 800 number, and we'll be 21 glad to walk the people through the application process. Any 22 questions? 23 COMMISSIONER LETZ: Thank you for coming. 24 COMMISSIONER OEHLER: Thank you. 25 MR. RAMOS: Pleasure. 2-14-11 60 1 JUDGE TINLEY: Mr. Ramos, always good to see you. 2 MR. RAMOS: Good to see you, sir. 3 JUDGE TINLEY: Appreciate your work down there at 4 AACOG, and we're going to see what we can do to help you get 5 this money spent. 6 MR. RAMOS: Okay, great. You know where to reach 7 me, and I'll be in and out of the area over the next few 8 months. And, like I said, we -- our deadline is August 31st 9 of this year to spend that money. 10 COMMISSIONER OVERBY: And I appreciate you sharing 11 the news tomorrow night at City of Ingram. 12 MR. RAMOS: Not a problem. Okay, thank you. Have 13 a good day. 14 JUDGE TINLEY: Thank you. 15 COMMISSIONER OVERBY: Thank you. Thank you, 16 Raquel. 17 JUDGE TINLEY: Anything further on that item, 18 gentlemen? Let's move on, then, to Item 17; to consider, 19 discuss, take appropriate action to declare old equipment as 20 surplus. Mr. Bollier? 21 MR. BOLLIER: Yes, sir. The whole idea behind this 22 is, I have a skid loader out at the barn that I would like to 23 trade in and upgrade to a bigger size one, and so that's the 24 reason that skid loader is on this list. But this list, you 25 can see that there are nine different items, and along with 2-14-11 61 1 this, I'm trying to trade this stuff in to lower the price on 2 a brand-new skid loader. 3 JUDGE TINLEY: And your theory is that you can get 4 more money for all of this stuff by using it as a trade-in as 5 opposed to running it across the scale? 6 MR. BOLLIER: Yes, sir. 7 COMMISSIONER LETZ: And you're going to use, like, 8 a -- are you going to actually go down there and trade it in? 9 MR. BOLLIER: Yes, sir. I've been talking to 10 Ranchers, which is out here on Highway 27, and so far I've 11 got -- so far I have a $33,000 Bobcat skid loader, which is 12 the size bigger than this -- I don't know the exact number of 13 it -- with a six-way bulldozer blade. And the bulldozer 14 blade itself sells for around $4,000. Right now, I have the 15 price down to -- for the skid loader and the six-way blade, 16 down to around $10,000. I do not know that exact price, 17 because they have -- I have not got back how much they're 18 going to give me on the -- on eight pieces of this 19 equipment -- or six pieces, because they gave me a price on 20 the -- on this blade that I have that we never use for 21 anything, because it's -- it just doesn't do what we need it 22 to do, and some old cedar shears that are there. 23 COMMISSIONER LETZ: Wonder if we wouldn't be better 24 off putting this on one of those -- Craig's List or 25 whatever -- what's Road and Bridge use? 2-14-11 62 1 MS. HOFFER: This year, we use GovDeals. 2 MS. HARGIS: GovDeals. 3 MS. HOFFER: It's very successful. 4 COMMISSIONER LETZ: Could use something like that, 5 'cause a lot of times we get more money if we put it out on 6 the list than you will on trade-in. And, you know, you can 7 put a minimum or reserve on it, and if we don't make that 8 much, maybe you can trade it in. I mean, I think you -- a 9 lot of that stuff -- there's a pretty big demand for some of 10 that equipment. I think there's a -- I'm not sure the 11 condition of it, but I think the -- 12 COMMISSIONER OEHLER: Cedar shears haven't been 13 used enough to -- 14 MR. BOLLIER: I don't think the cedar shears have 15 been used but once. 16 COMMISSIONER LETZ: I think if you put a lot of 17 that stuff on Gov Board or one of those types -- 18 COMMISSIONER BALDWIN: Buy Board. 19 COMMISSIONER LETZ: -- of web sites, I think you 20 can probably do pretty well. 21 COMMISSIONER OEHLER: What's wrong with the 6-by-4 22 Gator? What year model is that? 23 MR. BOLLIER: 6-by-4 Gator? I'm -- I don't know 24 what year model it is. I just got the numbers down. That 25 six-wheeler doesn't do what we want it to do anyway. It's 2-14-11 63 1 got a -- it's got six wheels on it; it's hard to turn, and it 2 sounds terrible. 3 COMMISSIONER OEHLER: Sounds terrible? 4 MR. BOLLIER: And it sounds terrible, like it's 5 about to die. And -- 6 COMMISSIONER OEHLER: Some new spark plugs might 7 help. 8 MR. BOLLIER: Well, to tell you the truth, we had 9 it worked on last year at Ranchers. I just -- and they put 10 some new tires on it and stuff like that, and they -- they 11 changed the chain underneath and changed some plugs and 12 stuff, and it just -- I don't know. Something's not right 13 about it. And before I go spend a bunch more money on it, I 14 was just thinking about getting rid of it. 15 COMMISSIONER LETZ: If we're not using this 16 equipment, I'm all in favor of getting rid of it. No reason 17 to keep it around and let it rot. 18 MR. BOLLIER: Let me clarify one thing before we go 19 any further. The skid loader we use almost every day. I 20 can't say every day; we have two of them, and I believe one 21 of them belongs to Adult -- to Adult Probation, and one of 22 them is Kerr County's. And we use -- we use those skid 23 loaders almost every single day. 24 COMMISSIONER LETZ: Right. Well, I mean, I 25 understand that. But the majority of this equipment -- 2-14-11 64 1 MR. BOLLIER: We don't -- 2 COMMISSIONER LETZ: -- we're not using, or you 3 don't see the need for. And I think trying to get rid of it 4 and get something that you do need is better. 5 COMMISSIONER BALDWIN: Whether you sell it or 6 whether you trade it in, we still need to approve the agenda 7 item to declare this surplus, and that's what the agenda item 8 is. 9 COMMISSIONER LETZ: Correct. Is that a motion? 10 COMMISSIONER BALDWIN: So moved. 11 COMMISSIONER OVERBY: I'll second that. 12 JUDGE TINLEY: Motion made and seconded for 13 approval of the agenda item. Question or discussion? 14 COMMISSIONER LETZ: Just get with Road and Bridge 15 on how they've done it, because they've been very successful 16 using that Gov Buy Board, whatever it is. 17 MS. HARGIS: GovDeals. 18 COMMISSIONER LETZ: What is it? 19 MS. HARGIS: Deals. GovDeals. 20 COMMISSIONER LETZ: Gov Dealers, whatever. They've 21 been very successful with Gov Dealers. 22 JUDGE TINLEY: And they will allow you to put a 23 reserve on it, and once you get your trade-in values, you can 24 set that as your reserve. If it doesn't -- doesn't draw that 25 or better, why -- and I don't know what the commission rates 2-14-11 65 1 are or the administrative costs are, but you may want to -- 2 MR. BOLLIER: Do I need to bring this back? 3 JUDGE TINLEY: No, not to get rid of it. 4 MR. BOLLIER: Okay. 5 JUDGE TINLEY: You're going to get rid of it one 6 way or the other. 7 MR. BOLLIER: Okay. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER OEHLER: Get the most you can out of 10 it, though. 11 MR. BOLLIER: Okay. 12 JUDGE TINLEY: Any further question or discussion? 13 All in favor of the motion, signify by raising your right 14 hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. 19 MR. BOLLIER: Thank you very much. 20 JUDGE TINLEY: Okay. Let's go to Item 18; 21 consider, discuss, and take appropriate action on resolution 22 in support of Town Creek Developers. Mr. Overby. 23 COMMISSIONER OVERBY: Yes. Judge and 24 Commissioners, if you'll remember, on February 7th, at our 25 last -- or February -- February -- no, whenever our last 2-14-11 66 1 agenda -- actually in January, last agenda in January, we had 2 the Town Creek Developers here. Mr. Chuck Coleman came -- I 3 believe Chuck is here today; Chuck, good to see you -- came 4 and gave a presentation to the Commissioners Court on the 5 potential development of a project, of the development of a 6 public roadway access and improvement along I-10 to provide 7 access to the Town Creek Development project. He gave a 8 presentation to the Commissioners Court and was wanting to 9 get the Commissioners' opinion and level of support for this 10 project as they were looking at their alternatives of trying 11 to come up with options that they could move forward on their 12 project. I did want the Commissioners Court to also know 13 that as we were in Washington, D.C. last week with economic 14 partners, one of the questions was asked to a lot of our 15 national elected officials on infrastructure, and 16 infrastructure as far as in helping to further look at how 17 economic development could be expanded in Kerrville and Kerr 18 County, and how infrastructure dollars might be available to 19 help certain projects. So, it was a broad consideration. 20 But with that said, one of those requests was, 21 again, to look at potential infrastructure dollars, federal 22 dollars that might be able to be used for a project such as 23 this potential development along the I-10 area between Harper 24 Road and Sidney Baker. At the last Commissioners Court 25 meeting, it was requested that our level of supporting this 2-14-11 67 1 project for the developer to look at his options as he tried 2 to move forward was to present and give a resolution of 3 support from the County Commissioners to give to him as he 4 began his process in looking at what financial options, and 5 options he would hear back from TexDOT and other economic 6 partners in this process. With that, I would like to go 7 ahead and read for the record a resolution from Kerr County 8 Commissioners Court in support for a public roadway access 9 and improvements on I-10 to provide access to the Town Creek 10 Development project. 11 Whereas, the development of access ramps will 12 provide an inventory of 500-plus acres for future development 13 for multiple landowners; and whereas, this development would 14 create an inventory of potential commercial developable land 15 that will significantly enhance the future economic 16 development possibilities for Kerr County; and whereas, the 17 completed potential development of this project would provide 18 significant annual ad valorem and sales tax revenue for Kerr 19 County and local economic development partners; and whereas, 20 recently completed new infrastructure along Holdsworth Drive 21 is now available to support potential development of this 22 project; and whereas, development of this project would 23 enhance future tax revenue that would assist in balancing ad 24 valorem tax burden between residential and commercial 25 taxpayers; and whereas, project development of Town Creek 2-14-11 68 1 Parkway could extend from the I-10 access ramps to Highway 27 2 and create a third north and south thoroughfare; and whereas, 3 Town Creek Parkway could provide traffic relief on the 4 residential-oriented Harper Road. 5 And let it be resolved that Kerr County 6 Commissioners Court, by adoption of this resolution, do 7 hereby support the Town Creek Developer application to TexDOT 8 for the development of a public roadway in the form of access 9 ramps and improvements along I-10 which would be located 10 between Harper Road and Highway 16 access ramps; and resolved 11 that Kerr County Commissioners Court request that the Alamo 12 Regional Rural Planning Organization, acronym ARRPO, to 13 review the developer's application and to give strong 14 consideration for adding this project to their transportation 15 list and be classified as a high priority. And this is 16 before the Commissioners Court today to give a recommendation 17 and approval of this resolution for the developer to 18 encourage him to proceed to move forward with those comments. 19 JUDGE TINLEY: Commissioner, your resolution is 20 actually in support of the public access on I-10 between 21 Harper Road and -- 22 COMMISSIONER OVERBY: Sidney Baker. 23 JUDGE TINLEY: -- and Sidney Baker? 24 COMMISSIONER OVERBY: Correct. 25 JUDGE TINLEY: And the overpass coming from the 2-14-11 69 1 westbound side for the public roadways, requesting that it be 2 placed upon the Alamo Regional Rural Planning Organization's 3 list of priority projects? 4 COMMISSIONER OVERBY: Correct. 5 JUDGE TINLEY: This does not in any way commit -- 6 COMMISSIONER OVERBY: Exactly. 7 JUDGE TINLEY: -- or solicit commitment of county 8 funds, does it? 9 COMMISSIONER OVERBY: That is correct. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER BALDWIN: Who does this resolution go 12 to? 13 COMMISSIONER OVERBY: Mr. Coleman was our presenter 14 in January. He is the one with the Town Creek Development 15 Group that is looking at this potential project. 16 COMMISSIONER BALDWIN: Can I just tell him it's 17 okay without signing something? 18 COMMISSIONER OVERBY: You can. Again, it's just a 19 request from us to give him a letter of support to -- and 20 this is what the Commissioners Court had discussed at our 21 last meeting, to have a resolution. He had requested just to 22 give him a resolution of support to move forward to look and 23 explore what his options are as far as this project is 24 concerned, and the economic development potential benefit to 25 Kerr County. 2-14-11 70 1 JUDGE TINLEY: Would this not also go to the Alamo 2 Regional Planning Organization? 3 COMMISSIONER OVERBY: That's correct. 4 JUDGE TINLEY: Because of the request that it be on 5 their priority project list? 6 COMMISSIONER OVERBY: That is correct. 7 COMMISSIONER BALDWIN: So -- well, that -- 8 actually, that -- see, that's what I'm reading, is it goes to 9 that group. Now, is that TexDOT? Who are those folks? 10 JUDGE TINLEY: Not technically. It's a regional 11 group that actually was organized, I think, in part by AACOG, 12 but it's -- there are several of those regional planning 13 organizations for transportation around the state, and this 14 happens to be one for the Alamo area. 15 COMMISSIONER OVERBY: Correct. 16 COMMISSIONER BALDWIN: And so what I'm reading here 17 and what I'm hearing -- I'm kind of hearing you say something 18 different, though. But what I'm reading here is that we 19 support him being put on a high priority list to -- for 20 someone to give him a bunch of money to build his roads. 21 COMMISSIONER OVERBY: Well, I think what we're 22 saying here is we're giving him strong consideration for him 23 to take his applications to that -- as it states in the 24 "resolved" part, for him to take it to have it be reviewed 25 and have them give consideration for it. I mean, he is going 2-14-11 71 1 to be needing to look at all of his financial opportunities 2 to raise -- look at funds to help his project move along. 3 COMMISSIONER BALDWIN: Okay. How does the funds -- 4 him looking at the funds, how does that come into this thing 5 right here? 6 COMMISSIONER OVERBY: It's nothing to do with this. 7 This is what we're stating here, is to give him support for 8 him to take his project forward to look at what the options 9 are as far as the roadways are concerned, making it a high 10 priority list to the Alamo regional rural area, and to look 11 at those options for this development that could potentially 12 have a strong economic benefit to Kerr County. 13 COMMISSIONER BALDWIN: Yeah, maybe. 14 COMMISSIONER OVERBY: Potentially. 15 COMMISSIONER BALDWIN: So -- so, would you take 16 this resolution and go to ARRPO, whoever that is, and that 17 would -- you think, in your mind, that that would lend you 18 strength with them? Is that what this is about? Or -- 19 MR. COLEMAN: My name's Chuck Coleman; I'm at 309 20 Bobwhite Drive. Commissioner, we -- it's kind of -- it's a 21 one step at a time process. We feel by doing -- by gaining 22 the most community-wide support that we can, which primarily 23 is the City and the County, we feel that the more of that 24 support we have, the better our opportunity to get TexDOT to 25 approve the exit ramps. And they work in conjunction with 2-14-11 72 1 the AACOG Board -- transportation board, so it's really kind 2 of part and parcel. And that's really all we're looking for, 3 is we feel like we're going to have -- and, excuse me. I've 4 got allergies today. We feel like we're going to have -- if 5 we have good public support, and if we have good public 6 benefit down the road through the development of this thing, 7 that it'll help TexDOT make a favorable decision to allow 8 exit ramps to be built. And then once we get there, then we 9 figure out how we're going to pay for the thing. 10 COMMISSIONER BALDWIN: Yeah. I just wish that was 11 laid out -- I have some constituents that are not real happy 12 with your project; I can tell you that, because they have a 13 fear of your coming to government for free money. You know, 14 and I'm trying to cipher through this thing, if we're talking 15 about money or we're talking about you trying to get on a 16 priority list to build ramps. 17 MR. COLEMAN: As I understand it, AACOG -- this -- 18 and I do get very confused with all the AACOG stuff. As I 19 understand it, this AACOG committee for rural transportation 20 works with all of the local entities -- taxing entities, 21 counties and everybody, and they come up with a priority of 22 what they think the road construction and improvements ought 23 to be. And then TexDOT works with them and considers their 24 priority, and that's the way they establish -- the way TexDOT 25 establishes their priority as well. 2-14-11 73 1 COMMISSIONER BALDWIN: Do you think that -- I 2 understand; I participated in that a few times. Do you think 3 when you get past that, and then you start seeking your 4 funding, wherever -- however you might do that, whether it be 5 from the government or from a bank or whatever, will you use 6 this document to ask for a loan, or money? 7 MR. COLEMAN: No. This document is to gain -- more 8 than anything, is to gain TexDOT approval to build these 9 things, and then probably -- and what -- Commissioner, what I 10 -- the way I would anticipate this thing to be financed would 11 be through a Chapter 380 program, where the developer would 12 go to a bank and borrow the money from a bank, and on the 13 back side, incremental tax revenues that would be created out 14 of the development as it -- as it developed and filled up 15 would -- would be used to pay that back, or to secure the -- 16 the bank's loan. So, it would, in essence, come from newly 17 created tax revenues that don't exist. 18 COMMISSIONER BALDWIN: That would require approval 19 from the Court. 20 MR. COLEMAN: That's right, absolutely. 21 COMMISSIONER BALDWIN: That's probably where we're 22 going to bog down there. 23 MR. COLEMAN: Okay, I understand. 24 COMMISSIONER BALDWIN: Get off in the ditch on that 25 one, I can tell you right now. 2-14-11 74 1 MR. COLEMAN: Commissioner, I will add that I truly 2 believe that this is a strong benefit for the City and the 3 County. 4 COMMISSIONER BALDWIN: I understand. 5 MR. COLEMAN: And the school district, not just for 6 now, but for the next 10, 15, 20 years. 7 COMMISSIONER BALDWIN: I see it as well. But I 8 just made a commitment myself years ago that I don't vote on 9 things that might come, that might happen and should happen 10 or maybe going to happen, those kind of things. I -- I need 11 to -- it's just me, okay? 12 MR. COLEMAN: I understand. 13 COMMISSIONER BALDWIN: I'm an old redneck from 14 Hunt, and I just need some kind of -- I mean, I like to get 15 my hands on things before I -- that they're real. 16 MR. COLEMAN: I totally understand. 17 COMMISSIONER BALDWIN: Before I represent people's 18 tax dollars. 19 MR. COLEMAN: I'm a redneck too. I'm not from 20 Hunt, but I'm a redneck too, and I share those concerns. 21 COMMISSIONER BALDWIN: All right. Okay. 22 COMMISSIONER OVERBY: I make a motion. 23 JUDGE TINLEY: You move to adopt the resolution? 24 COMMISSIONER OVERBY: I make a motion for approval 25 of this resolution. 2-14-11 75 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: We have a motion and a second for 3 approval of the resolution as read into the record. Question 4 or discussion further on the motion? 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: The motion does carry. Why don't we 10 take us about a 15-minute recess. 11 (Recess taken from 10:33 a.m. to 10:50 a.m.) 12 - - - - - - - - - - 13 JUDGE TINLEY: Okay, if we could come back to 14 order, please. The next agenda item is Item 19; consider, 15 discuss, take appropriate action regarding whether or not to 16 allow non-certified burn managers to perform prescribed burns 17 during a burn ban. Commissioner Letz? 18 COMMISSIONER LETZ: This is, I guess, an agenda 19 item that we've had approved the last -- last year we didn't 20 'cause we had a wet spring, but the three years prior to that 21 we did. Let me hand out, kind of, and then I'll read this. 22 Everyone knows -- we're all on the same page on this. I 23 visited with the some of the folks over at the NRCS office. 24 In the past, Joe Franklin, who is kind of the burn expert 25 with the USDA-NRCS office, was the one that we designated to 2-14-11 76 1 approve plans. Joe accepted a transfer to San Angelo; still 2 is kind of over this office for this purpose, but not really 3 directly involved. There's two other folks over there; Wayne 4 and Brian are kind of the local representatives, but neither 5 one of them are overly experienced in burning, though they 6 both have conducted -- been on burns and understand burn 7 plans and such. 8 But the agenda item would be to authorize the 9 NRCS-USDA office in Kerr County to approve the form and 10 completeness of prescribed burn plans submitted by 11 non-certified burn managers for properties in Kerr County. 12 Such approval would authorize individuals to conduct 13 prescribed burns pursuant to the burn plan during a burn ban. 14 The individuals must certify on the prescribed burn -- should 15 be "plan" -- that the plan will be followed and all 16 information contained therein is true. NRCS-USDA in Kerr 17 County will forward the name and address of all such plans to 18 Kerr County Commissioners Court. The NRCS-USDA office in 19 Kerr County is not responsible for prescribed burns 20 authorized under this court order. 21 Basically, what it is, for those that don't -- 22 prescribed burns are very specific as to what they are. In 23 the paper the other day, there was a quote about the -- I 24 think by one of our fire chiefs about a prescribed burn this 25 week. It talked about burning brush piles. You cannot do a 2-14-11 77 1 prescribed burn for brush piles. That's not what a 2 prescribed burn is. Prescribed burns are very specific of 3 burning off grasslands on ranches. A burn plan, in the form 4 that the NRCS is kind of recommending, on a completeness 5 level, is very detailed. You have to list the number of 6 people you're going to have present, all the firefighting 7 equipment you're going to have present, things like drip 8 torches, what kind of heavy machinery you're going to have, 9 exact weather conditions you're going to burn under, maps as 10 to the way the -- what you're going to burn and what the wind 11 direction has to be and what the temperature is, the wind 12 speed and all that. 13 To my knowledge, we haven't had a -- in the prior 14 years that we've done these, a problem where one of these 15 fires got out of control. And the reason I mention 16 non-certified burn managers, there is a -- a certification to 17 become a certified burn manager. There are some in the area 18 now. There didn't used to be hardly any because of the 19 requirements to get one. It was the insurance requirements, 20 not the knowledge requirements. But there are some around. 21 Those people can burn regardless of burn bans. That's state 22 law. They can burn whenever they want. They do do burn 23 plans for all their burns, but they're under a separate state 24 statute. So that -- 25 COMMISSIONER BALDWIN: They still have to comply 2-14-11 78 1 with, like, wind speed and things like that? 2 COMMISSIONER LETZ: Yeah, they have to comply with 3 the T.C.E.Q. guidelines for outdoor burning. But they can -- 4 you know, the burn ban that the counties impose doesn't have 5 an impact. I visited with the County Attorney a little bit 6 about this. He and I had a couple of, you know, I think, 7 comments about the exact wording of the court order. And I 8 think that, you know, if the Court is agreeable to go forward 9 basically under the form of what I read, that to let myself 10 and the County Attorney get with the NRCS office and come up 11 with language that accomplishes this, essentially, that 12 they're comfortable with and that we're comfortable with. 13 When I talked with them last, they tried to get a hold of Joe 14 Franklin when I was over there; they wanted him to be 15 involved in the process, and they couldn't get him on the 16 phone. 17 COMMISSIONER OEHLER: So, what you want to do is 18 take this and refine it, bring it back for another meeting? 19 Or do you want to adopt the principle of this today and -- 20 COMMISSIONER LETZ: I would rather adopt the 21 principle today, and the reason is prescribed burning is done 22 basically from the 1st of February to the end of March -- or, 23 really, 15th of March. So, there's -- there's a pretty 24 narrow time window when the vegetation is such that -- when 25 you want to do these burns. You don't want -- well, if you 2-14-11 79 1 do it too late, you're going to damage the spring growth. If 2 you do it too early -- this year you probably could have done 3 it early because of our cold weather. Usually you want to 4 make sure you have a good, hard freeze before you do it. 5 And -- 6 COMMISSIONER OEHLER: We've had that. 7 COMMISSIONER LETZ: We've had the hard -- we've got 8 the hard freeze. Probably should have put it on the agenda a 9 couple weeks ago. 10 COMMISSIONER BALDWIN: I think the question is, 11 Jon, what is a non-certified person? 12 COMMISSIONER LETZ: A non-certified person will 13 be -- 14 COMMISSIONER BALDWIN: I'm a non-certified person. 15 COMMISSIONER LETZ: That's right. 16 COMMISSIONER BALDWIN: And so anybody with property 17 should be allowed to go out and do a prescribed burn? 18 COMMISSIONER LETZ: I think anyone that has 19 property that is knowledgeable enough to fill out a burn 20 plan -- official burn plan should be allowed to do it. 21 Because if you can't really -- that's a big "if" on that 22 filling out that form. It's -- and anyone can do it, but 23 it's about an eight-page form to do it. You're going to -- 24 the terminology; you're not going to be able to write it 25 unless you have some knowledge of outdoor burning, and pretty 2-14-11 80 1 good knowledge of outdoor burning. Joe Franklin -- and I 2 don't have a problem with the way Joe Franklin did it. With 3 him being a little further removed -- if he didn't have 4 personal knowledge that the individual was appropriately 5 trained, he wouldn't approve them. But since I had -- I 6 didn't put it that way this time, 'cause he's just not in 7 this office. I don't know if he wants to -- 8 COMMISSIONER OEHLER: I can give you an example of 9 that. A couple years ago, Stowers Ranch, this guy that works 10 for Stowers is not certified, or at that time was not 11 certified, but he had a lot of knowledge and experience with 12 burning over the years. And Joe called me and asked me what 13 I thought about it, and that they would have some prescribed 14 manager that would oversee it. Not necessarily be involved 15 in it, but just check their plan and kind of make sure that 16 they followed it. And that was good enough for me, because 17 they're doing a lot more good for the country than they are 18 doing harm. And, like, there's such a narrow window when all 19 the conditions are right. Some years they can't even burn 20 because the conditions don't get right. So, the window of 21 opportunity is very -- you said about a 45-day period? 22 COMMISSIONER LETZ: There's a 45-day period, 23 potentially. Really, about a two-month period. You could 24 have started this year about two weeks ago. But to get to a 25 day that -- one, you have to have the staff mobilized to do 2-14-11 81 1 it, and the wind conditions are right, you know, and then the 2 -- you're looking at the weather for the next three days. 3 You know, it's just -- you may not get the conditions. 4 You've got to have relatively high humidity. We tend to have 5 not more than 15 mile-an-hour winds, humidity up around 50 6 percent, daytime temperature around 60. Trying to get all 7 that to happen on the right day, a day when you can do it, 8 you know -- 9 COMMISSIONER OEHLER: Yeah. What's going to 10 happen, looks like, in the near future, we've got all this 11 warm weather coming in. There's very little moisture, but 12 there's enough to bring up some of that spring stuff, and the 13 time is right now, before that happens, 'cause once that 14 happens you do more damage than you do good. 15 COMMISSIONER LETZ: And in the past, we've done 16 this -- like I say, I think it was three years we've done it. 17 Last year we didn't 'cause the weather was good; we just 18 didn't have a burn ban this time of year. To my knowledge, 19 it's worked every year. There's very few -- you know, Jody, 20 I think you had kept a list two years ago, and it's not very 21 many. It's maybe a dozen at most. 22 MS. GRINSTEAD: Yeah, it wasn't very many. 23 COMMISSIONER LETZ: There's not that many people 24 that need to get, you know, a burn plan. 25 COMMISSIONER OVERBY: Understand the process. 2-14-11 82 1 COMMISSIONER LETZ: Understand the process enough 2 to be able to write a burn plan, get it approved. 3 COMMISSIONER OEHLER: Well, I've had one. The Cool 4 Water Ranch there at Hunt, Cash Brown, you know, is a 5 certified burn manager. He's been sending off -- you know, 6 he sends the Judge and I both notification that they're going 7 to burn; that the plan is on file if we need to see it. And, 8 I mean, they can jump right on it and do it. They burned a 9 bunch the last two weeks. 10 JUDGE TINLEY: And there was at least one that I 11 recall seeing that -- that they had planned and gave notice 12 of; apparently the weather conditions were not appropriate. 13 They notified us that it had been canceled because of the 14 circumstances, and the conditions were not appropriate. 15 COMMISSIONER OEHLER: You know, and the main thing 16 is, part of that plan is the notification of all the right 17 people, the fire departments, the Sheriff, and so that they 18 know that there's going to be -- they're going to be doing 19 that, so they don't jump and run, try to put the fire out 20 they just started. 21 COMMISSIONER LETZ: And the notification is 22 pretty -- you have to notify -- you know, if there's a 23 highway nearby, you have to notify TexDOT. You have to 24 notify T.C.E.Q., Sheriff's Department, fire department, all 25 your neighbors. It's pretty -- it's not just like making one 2-14-11 83 1 phone call. 2 COMMISSIONER OVERBY: They have to understand the 3 process, everything. 4 COMMISSIONER OEHLER: It's not a simple process. 5 COMMISSIONER LETZ: I'll make a motion to approve 6 the -- I guess the -- what's the word you used? 7 JUDGE TINLEY: Concept? 8 COMMISSIONER LETZ: Concept. 9 COMMISSIONER OEHLER: You mean I came up with a 10 word? 11 COMMISSIONER LETZ: The concept to approve 12 non-certified burn managers to perform prescribed burns 13 during a burn ban, as I previously read, and authorize 14 myself, the County Attorney, and soil -- USDA to finalize 15 that verbiage. 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: Motion made and seconded as 18 indicated. Question or discussion on the motion? 19 MR. WRIGHT: Your Honor? 20 JUDGE TINLEY: I'm going to -- 21 MR. WRIGHT: I filled out a sheet. I guess it got 22 lost on the way. 23 JUDGE TINLEY: -- call for discussion. That's when 24 I was going to call you, Mr. Wright. 25 MR. WRIGHT: I appreciate that. Brian Wright, 2-14-11 84 1 Center Point. As one of 26 certified commercial prescribed 2 burn managers in the state of Texas, you guys talked about a 3 lot of information. I'm also the vice president of Elm Pass 4 Fire Department -- Volunteer Fire Department, so I see both 5 sides of it. So, when you talk about a non-certified plan 6 done by USDA or any other organization, is USDA assuming that 7 responsibility for the burn plan? There again, the 8 landowners -- at this point, Buster, you can go out and light 9 a match, throw it on the ground, start burning it, then call 10 the fire department and say, "Hey, can you guys come put this 11 out?" So, I guess one of my questions for the County is -- I 12 have a couple of questions. Who enforces the current county 13 burn ban in the county -- in Kerr County? 14 COMMISSIONER LETZ: Sheriff. 15 MR. WRIGHT: He's the only individual that can? 16 SHERIFF HIERHOLZER: Well, any peace officer can. 17 Sheriff's Department just does. If there is a burn ban, 18 there is state laws that are violated if it's on, so any 19 peace officer can issue citations or make arrests. 20 MR. WRIGHT: Is there any citations? 21 SHERIFF HIERHOLZER: Yes. 22 MR. WRIGHT: All right. And there again, just kind 23 of asking what the Court's feelings are as far as prescribed 24 burns being conducted. Obviously, y'all are for it. I 25 personally -- I like the idea, but if we can do prescribed 2-14-11 85 1 burns and just write a plan, then I don't have to carry my 2 insurance, which is not cheap. So -- and I've also been 3 through the training. And there's also -- when you talked 4 about Cool Water Ranch, I'm not sure if they're doing it -- 5 that individual is actually doing it as a commercial -- 6 certified commercial person, or if he's a -- there is a 7 program where they can do it as a private burn manager. 8 COMMISSIONER OEHLER: Far as I know, theirs is 9 private. 10 MR. WRIGHT: In that aspect, what happens is Cool 11 Water is actually picking up the liability, so if something 12 goes out of control... 13 COMMISSIONER OEHLER: One thing that we've 14 continued to encourage -- I do in my area, 'cause I have the 15 largest area that needs that done to it -- is for people to 16 get certified so that they can do it whenever the conditions 17 are right, and not have to depend on somebody else -- 18 MR. WRIGHT: Yeah. 19 COMMISSIONER OEHLER: -- to do the plan for them. 20 Because there aren't very many. 21 MR. WRIGHT: No. I'm one. 22 COMMISSIONER OEHLER: Now, I think Stowers has a 23 certified burn manager as well. 24 MR. WRIGHT: Yeah. 25 COMMISSIONER OEHLER: And, of course, Kerr 2-14-11 86 1 Wildlife, you know, they've been -- they're the ones that 2 kind of started the program. 3 COMMISSIONER BALDWIN: They invented it. 4 COMMISSIONER OEHLER: They're the ones that started 5 the program. 6 COMMISSIONER OVERBY: They started the program. 7 COMMISSIONER OEHLER: They have had fire get out 8 years ago, whenever they didn't want it to get out. But, you 9 know, I -- 10 COMMISSIONER LETZ: It can always happen; they can 11 get away. Nothing is guaranteed, whether you're certified or 12 not certified. You can have -- things can happen. 13 COMMISSIONER OEHLER: Yeah. Winds can get up or 14 change direction or whatever. But -- 15 MR. WRIGHT: That's where it comes down to the 16 point of liability, and I would worry about the Court being 17 liable if you pass a resolution of any sort, or a 18 recommendation. And there again, I'd look to maybe the Judge 19 and the County Attorney. I would worry, if a lawsuit does 20 arise from fire escaping, that y'all might be liable also. 21 COMMISSIONER BALDWIN: Let me ask a question along 22 those lines. In this thing here, I keep -- it just jumps off 23 the page at me, the very -- is the very last sentence. "USDA 24 is not responsible for prescribed burns authorized under this 25 court order." 2-14-11 87 1 COMMISSIONER LETZ: Right. 2 COMMISSIONER BALDWIN: So we're talking about -- 3 COMMISSIONER LETZ: They're not liable for it. 4 COMMISSIONER OEHLER: Not liable. 5 COMMISSIONER BALDWIN: Then we're talking about -- 6 are they responsible for -- are they liable in any way? And 7 here they say they're not, so -- 8 COMMISSIONER OEHLER: Well, what that means to me 9 is that they've given approval for somebody to do it under 10 certain conditions, and they follow those conditions, and if 11 it gets out, you know, who's -- they're certainly not liable, 12 and the person that it gets away from is. 13 COMMISSIONER OVERBY: Right. 14 COMMISSIONER LETZ: The intent of this is -- and, 15 Rob, I must not have worded it probably as well as I should 16 have -- that they're approving the content of the -- of a 17 plan. They're not saying that you know what you're doing. 18 All they're saying is that you have presented the paperwork 19 that -- that is a -- you know, a burn plan that meets minimum 20 criteria that they have. And they do have a -- you know, I 21 don't know the form, but it's NRCS form blah, blah, blah. 22 You know, and if you fill out that form and you -- you know, 23 they're saying that, yes, you fill this form out completely. 24 That's all we're asking them to do. And in my mind, because 25 I think that -- you know, I can't imagine most people going 2-14-11 88 1 to that trouble and, you know, going out there and, you know, 2 doing the form even and then not knowing what they're doing 3 to a degree. I think these are primarily -- I don't think 4 anyone should be allowed, other than a certified burn person, 5 to go on someone else's property and burn. I think this is 6 limited to your own property; that's what it says. Because 7 there's a big difference there. There's a -- a lot of 8 ranchers that have been on their same property. They know 9 their ranch very well; they know the conditions of it. They 10 know how the wind's going to draft in certain areas. It's a 11 whole lot different when you're -- and I'm, obviously, one 12 that burns a lot; our family does. It's a whole lot 13 different for me to go out to Stowers Ranch and try to burn. 14 I would never do that, because -- just because I think of the 15 liability and the knowledge; you have to have a huge 16 knowledge base to do a safe burn. 17 COMMISSIONER BALDWIN: Did you make a motion a 18 while ago? 19 COMMISSIONER LETZ: Yes. 20 COMMISSIONER BALDWIN: What was it? 21 COMMISSIONER OEHLER: Right here, and I seconded 22 it. 23 COMMISSIONER LETZ: Yeah. 24 JUDGE TINLEY: The concept as indicated be 25 approved, subject -- 2-14-11 89 1 COMMISSIONER BALDWIN: The concept. 2 JUDGE TINLEY: -- to the final verbiage being 3 worked out with the NRCS and the County Attorney. The -- I 4 think the kicker here is the -- the plan must be approved by 5 NRCS. And, you know, if the plan is followed, it's something 6 that would be appropriate under their guidelines. Any other 7 question or comment? All in favor of the motion, signify by 8 raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion does carry. Let's go to 13 Item 20, if we might; to consider, discuss, take appropriate 14 action to give notice of intent to Indigent Defense Task 15 Force to apply, on a county or regional basis, for grant 16 funding for various alternative purposes or programs to 17 improve indigent defense. This agenda item results from a 18 meeting that the judges had last week with the indigent 19 defense folks. The notice of intent is merely making a 20 deadline. If we don't file the notice of intent, when the 21 deadline for filing -- when the opportunity to file the grant 22 comes later, we cannot even apply. It does not obligate us 23 to apply for any grant for any purpose. It merely determines 24 our initial eligibility to even be able to file. So, I'm 25 asking the Court to approve just giving the notice of intent, 2-14-11 90 1 the deadline being February 25, I believe it is, to give that 2 notice of intent. The actual approval to submit an 3 application would have to be a separate item to come before 4 this Court. That deadline is on towards the end of April, as 5 I recall, the 29th, somewhere along in there. 6 MS. LAVENDER: Somewhere along in there, yeah. 7 JUDGE TINLEY: But in order to be able to do that, 8 or even consider doing it, we've got to give notice of 9 intent. 10 COMMISSIONER OVERBY: I make that motion. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval. Question or discussion? All in favor of the 14 motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion does carry. Item 21 is to 19 consider, discuss, take appropriate action to authorize 20 Request for Proposals for emergency medical services to serve 21 the unincorporated areas of Kerr County for FY 2011-12. 22 Commissioner Baldwin? 23 COMMISSIONER BALDWIN: Yes, sir. It's stated 24 pretty clear there, and what I'd like to do, Judge, is I'd 25 like to make a motion and see if we get a second, and then 2-14-11 91 1 I'd like to tell you why I would like to do this. So, I move 2 for approval of the agenda item. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: We have a motion and a second. 5 Question or discussion? 6 COMMISSIONER BALDWIN: Thank you very much. A 7 month or so ago, the City contacted us and they wanted to 8 delete the agreements that we have with them, and we did 9 that. I assume they did that, and we -- we have. And then 10 we're -- I thought that we were going to get back together 11 and renegotiate some of those things as we went along, and my 12 issue was the EMS and fire programs. So, I sent -- I think 13 we all sent our wish list or concerns and things that were on 14 our minds, a list of them over to the City so they could 15 incorporate it and get ready for renegotiations. Well, a 16 couple of things -- I sent three things over there that I 17 thought were of interest to us and the taxpaying public, and 18 one of them was that -- and I think a couple of y'all did the 19 same thing -- is to keep their budgets -- their fire budget 20 and their ambulance budget separated. And, I mean, I don't 21 know how -- how else we see how our money's being spent, or 22 how Mr. Jones that lives outside the city limits, how he can 23 see how his money's being spent unless you keep those things 24 separated out. That was one issue. 25 I requested some oversight on some of their 2-14-11 92 1 billing; before the bill goes out, that we could see some of 2 the bills that have been -- some -- about some of the runs, 3 that we could see them, and even approve them before they go 4 out. Because it's our money that we're sending over there 5 that we're -- our responsibility for the taxpayers, and we 6 should be overseeing some of those things. And that was the 7 second. And then, thirdly, the collections. They have a -- 8 I haven't been over there in several years, but I used to -- 9 I have been over there to visit with their Collections 10 Department, and it's outstanding and good folks, and they do 11 a good job and all of that. But they do something like, you 12 know, they send out a letter for collections, and they send 13 it out a couple of times, maybe two or three times, something 14 like that, to collect their money. And at some point they 15 stop and write it off, throw it in the trash can, I guess, 16 and write it off and go on down there. 17 Well, I think that on these runs that are outside 18 the city limits of Kerrville, once it gets to that point, 19 instead of writing it off, give those -- give those bills to 20 us and let us turn them over to our Collections Department 21 down here and let us have a swing at the thing. Maybe we can 22 get a little more aggressive than the folks over at the City 23 does; I don't know. But, anyway, all three of those items 24 that were sent over there, I understand is in the newspaper, 25 has been rejected already. So -- you know, and I -- I didn't 2-14-11 93 1 know they had had a -- a City Council meeting over there to 2 discuss these things and already reject them, but obviously 3 they have. I certainly wasn't invited, and didn't hear 4 anything about it. But -- so these things have been 5 rejected. And I just don't see -- that really concerns me, 6 to the point to where I'm not real sure that the City of 7 Kerrville wants to provide ambulance service to our citizens. 8 So, I'm not going to wait around till the eleventh hour to 9 find that out. I'd like to go ahead and start getting this 10 issue of other providers coming in, and let's take a look at 11 them and see what is available out there, and go from there. 12 I'd like to hear what y'all have to say about that. 13 COMMISSIONER LETZ: I think -- 14 JUDGE TINLEY: We need to have all of our options. 15 COMMISSIONER LETZ: I think -- I mean, I totally 16 support going out for -- then we know kind of where we stand. 17 I think that -- I'm not sure where we are with the City. I'm 18 -- well, a different -- I'm a little confused as well on the 19 feedback that we haven't gotten, but that's another whole 20 issue. On this particular issue, I think we need to know 21 what the options are of other providers other than City of 22 Kerrville. I mean, we've all said countless times we're very 23 happy with the quality of the service. But, you know, we 24 have to have some input into the process, and we need to know 25 our options. It's that simple. 2-14-11 94 1 COMMISSIONER OVERBY: I agree with what 2 Commissioner Letz says; we just need to look at all of our 3 options as far as what services we can provide to our 4 citizens. So, I understand the proposal request, and -- and 5 your request here. 6 COMMISSIONER OEHLER: It seems to me that we should 7 -- we should have some input and have, you know, a meeting 8 with the -- or the City Council should have a meeting prior 9 to making statements that they're not going to accept certain 10 things under any conditions. And those come out basically by 11 one member of the City Council and the City Manager. I don't 12 believe that that's what I would call an action that was 13 formally taken. 14 COMMISSIONER BALDWIN: Well, I don't know that it 15 was or not. 16 COMMISSIONER OEHLER: Well, I don't know either, 17 but that's what came out in the paper. 18 COMMISSIONER BALDWIN: Yeah. When I see those 19 things, I assume that it came out of the City Council. 20 COMMISSIONER OEHLER: We haven't -- I don't believe 21 any of us have made any statements to that end, of anything 22 to do with the agreements one way or the other. And it would 23 -- it would be nice to be able to have a conversation in 24 another joint meeting about these things, and find out for 25 sure how they stand and where we stand. But I'm totally 2-14-11 95 1 supportive of going and exploring all options, and I think 2 this is an option. 3 JUDGE TINLEY: Other questions? Comments? 4 COMMISSIONER BALDWIN: Well, just -- I just wanted 5 to say that, you know, we -- we have been in such a 6 transparency mode. I mean, we have bent over backwards to 7 get -- you know, every word that's said in this room today 8 will be printed and -- and on the internet, and every nickel 9 that we spend and comes into this county. I kind of pride 10 ourselves of being -- having that transparency for people to 11 -- taxpayers can see exactly what the Commissioners Court's 12 doing. And this idea of not separating those budgets out 13 is -- is totally opposite to me. I mean, that makes me -- 14 that makes my head spin, to think that you won't provide 15 information to all the taxpayers. I just don't get that. I 16 don't -- don't understand it. I dislike it very, very much. 17 And when we're responsible to the taxpayers and we desire to 18 see what's actually going on, we want to see what's going on 19 and be a part of it, and they say no, I'm going to tell you, 20 that just damn sure doesn't work for me. That doesn't work. 21 That's not -- that's not good government. It's not good 22 anything. And so I -- it just sounds like to me -- just 23 looks like -- it has the appearance that they don't want to 24 provide service to the county residents any more, so I think 25 that we need to move in another direction. That's all I 2-14-11 96 1 wanted to say, Judge. Thank you. 2 JUDGE TINLEY: Anything further? 3 COMMISSIONER OEHLER: I don't know what else you 4 could say after that. 5 COMMISSIONER BALDWIN: I started cussing, so I 6 thought I better stop. 7 COMMISSIONER OVERBY: Good place to stop. 8 JUDGE TINLEY: Anything else? 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. 14 COMMISSIONER BALDWIN: Thank you. I'll take care 15 of that. 16 JUDGE TINLEY: We'll go to Item 22; consider, 17 discuss, take appropriate action on implementation of the 18 burn ban. This is our quarterly action on the burn ban that 19 we do under state law to keep our ability to handle those 20 things before us so that we can continue to be able to do it. 21 Mr. Wright, did you have any comments with regard to our 22 state law compliance with the burn ban provisions under the 23 statute? 24 MR. WRIGHT: I just wanted to put my name on there. 25 JUDGE TINLEY: Okay. 2-14-11 97 1 MR. WRIGHT: Thank you. 2 JUDGE TINLEY: Thank you, sir. 3 COMMISSIONER LETZ: I move approval. 4 COMMISSIONER OEHLER: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 approval. Question or discussion? 7 COMMISSIONER LETZ: I'll make a comment on this. I 8 think that we're -- I've talked to a lot of other 9 Commissioners around the state, and the format we use I think 10 is novel, and I think it has worked fantastic. And I think 11 that, you know, other counties have talked about implementing 12 it. I'm not sure if they ever have or not. But I think, you 13 know, we keep in touch with our volunteer fire departments in 14 our area; we know our parts of the county, and I think that 15 the flexibility that we have in the middle of a thunderstorm 16 or where everything is getting drenched to be able to lift 17 the burn ban make sense. And, you know, I think this is one 18 of the better things we've come up with. 19 COMMISSIONER BALDWIN: I have a rancher friend up 20 at Leakey, and they can't seem to get to this, and I've been 21 telling them this is the route they need to go. They are now 22 forming committees to figure out how to control their burn 23 ban issue, and it's just -- and I'm telling him, "You're 24 fixing to get in a wreck out there." You know, this is the 25 answer. 2-14-11 98 1 COMMISSIONER OVERBY: This is the route to go. 2 COMMISSIONER BALDWIN: This is the route to go. 3 And -- 4 COMMISSIONER OEHLER: If we could just split my 5 precinct in half, where I could -- that's the only problem I 6 have, 'cause I got so big an area that I get rain in one end 7 and the other end doesn't get a drop. 8 COMMISSIONER BALDWIN: That's true. It's true, and 9 it's hard to explain. Mine goes from Bandera County to 10 Gillespie County. 11 COMMISSIONER OEHLER: Yeah. 12 COMMISSIONER BALDWIN: You know, and people out 13 there, they -- "Well, we got half an inch of rain." Well, 14 these folks over here, they haven't even heard of rain in 15 years. It's hard to -- 16 COMMISSIONER OVERBY: What is that? 17 COMMISSIONER BALDWIN: -- hard to do. 18 JUDGE TINLEY: Any other comments? 19 COMMISSIONER OVERBY: No. 20 JUDGE TINLEY: All in favor of the motion, signify 21 by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. Let's go to Item 2-14-11 99 1 23; to consider, discuss, take appropriate action to approve 2 contract with Castle Lake Volunteer Fire Department and allow 3 County Judge to sign same. 4 COMMISSIONER LETZ: Move approval. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval. Question or discussion? All in favor of the 8 motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion does carry. Item 24, to 13 consider, discuss, take appropriate action on salary 14 differentiation between Kerr County Sheriff and the Kerr 15 County Chief Deputy Sheriff. Commissioner Baldwin? 16 COMMISSIONER BALDWIN: Yes, sir. This is an 17 age-old confrontation that we get into during the budget 18 process, and I just kind of wanted to get a heads-up -- give 19 us a heads-up and remind you that we probably -- probably 20 need to fix this thing before we get into the budget process, 21 so it's not -- not -- it's thrown in there with all these 22 other things to talk about, and sometimes gets ugly. So -- 23 and I'm not real sure that we want to take any kind of action 24 on the thing. I just wanted to use this as more of a 25 reminder that it needs to be dealt with, and, you know, 2-14-11 100 1 forever I hope. And not -- I don't know if Rusty's going to 2 resign, leave, or how we're going to fix it, but I think that 3 he probably has a recommendation. I know you'd find that 4 hard to believe. But I did visit with him briefly a few days 5 ago about this, and he actually had a comment or two that 6 made sense. And -- but I'm not willing to hand it over to 7 him unless y'all have -- unless y'all don't have anything to 8 say about it, or if you have a plan for how we're going to 9 fix this thing before we get to the -- before we get to the 10 budget process, so it doesn't get clogged up in there. 11 COMMISSIONER OEHLER: Seems to me like we need to 12 amend it if we don't want to follow that court order that's 13 supposed to be -- what is it, 5,000 difference between he and 14 the chief deputy? 15 COMMISSIONER BALDWIN: That's correct. 16 COMMISSIONER OEHLER: We either need to fix that 17 court order or to amend it in some form or fashion. Or -- 18 COMMISSIONER BALDWIN: Do you go to -- 19 COMMISSIONER OEHLER: -- throw it out altogether. 20 COMMISSIONER BALDWIN: Do you go to 10,000 or 21 20,000, or -- 22 COMMISSIONER OEHLER: Whatever. 23 COMMISSIONER BALDWIN: -- $250 or what? What do 24 you recommend, Rusty? 25 SHERIFF HIERHOLZER: I want to listen to y'all's 2-14-11 101 1 discussion first. 2 JUDGE TINLEY: Commissioner, based on the backup 3 material you provided, unless there's a different -- 4 different order -- 5 COMMISSIONER BALDWIN: I don't think there's 6 another order. 7 JUDGE TINLEY: I don't see there's a -- there's a 8 5,000 -- the perception is that there's a policy in place by 9 this Court that there be a minimum of $5,000 differentiation 10 between the chief deputy and the Sheriff. What you've 11 provided here does not say that, to me. 12 COMMISSIONER BALDWIN: Mm-hmm. 13 JUDGE TINLEY: So I think the first thing we need 14 to do is to find out what the policy exactly is, if, in fact, 15 that is the policy. If so, do we want to retain that policy, 16 or do we want to not have that policy in place? Because I, 17 like you, have -- have been somewhat of the understanding 18 that that policy exists, but the backup information here 19 doesn't say that. 20 COMMISSIONER BALDWIN: Do you think that too? 21 SHERIFF HIERHOLZER: I think that policy does 22 exist. That policy was originally introduced by Commissioner 23 Williams a number of years ago, and I couldn't tell you where 24 you'd find it in your court orders or your -- or your 25 minutes, but it was introduced by Commissioner Williams years 2-14-11 102 1 ago, and has been followed ever since then. 2 COMMISSIONER BALDWIN: So, do you want me to 3 research it and find out all that we can find and come back, 4 and then we'll bring it back the next -- next meeting, take 5 another swing at it? 6 JUDGE TINLEY: Sure. 7 COMMISSIONER BALDWIN: And then at that time, we'll 8 be prepared to do something, though? Take action? 9 JUDGE TINLEY: Once we know what we're dealing 10 with. 11 COMMISSIONER BALDWIN: Yeah. 12 JUDGE TINLEY: Sure. 13 COMMISSIONER BALDWIN: All right. 14 COMMISSIONER OEHLER: I agree with that. 15 COMMISSIONER BALDWIN: We'll just do that. 16 COMMISSIONER OVERBY: Yeah. 17 COMMISSIONER BALDWIN: Jody. If it's good, I get 18 the credit, though. 19 JUDGE TINLEY: You missed one. Cheryl. 20 COMMISSIONER BALDWIN: Oh, yeah, Cheryl. True. 21 JUDGE TINLEY: Is that going to do it for this, 22 gentlemen? 23 COMMISSIONER BALDWIN: Yes, it is. 24 JUDGE TINLEY: Let's go to 25; consider, discuss, 25 and take appropriate on Kerr County funding for personnel, 2-14-11 103 1 equipment, or other expenditures for the benefit of 2 Department of Public Safety. Commissioner Baldwin again. 3 You're getting into these budget issues way up front. 4 COMMISSIONER BALDWIN: Well, I'm trying to save 5 you. It's all for you. It's -- this is basically the same 6 -- same kind of issue. It's another thing that we deal with 7 every year, and we whine and kick in the dirt and all that 8 every time, and we never do anything about it. And is any of 9 the D.P.S. people here? 10 SHERIFF HIERHOLZER: You're not going to get them 11 here. 12 COMMISSIONER BALDWIN: And so, you know, somehow we 13 need to come up with a list of things that we fund over 14 there. I know that we fund a secretary, and I think that we 15 have some cell phones, something to do with a breathalyzer, 16 maybe, that's housed at your place, but they -- it's theirs? 17 SHERIFF HIERHOLZER: That's -- the State itself 18 furnishes that. That's not D.P.S. And that doesn't cost us, 19 or them. 20 COMMISSIONER BALDWIN: We used to do radars a long 21 time ago. We don't any more. You know, I think -- I think 22 there's some things -- stuff and things that we fund that we 23 don't really know about, and we need to get all that out on 24 the table, and we need to make a decision whether we're going 25 to continue. Now, I think that the reason that we put the 2-14-11 104 1 secretary over there is because the troopers would be out 2 writing citations, which Kerr County gets a part of; not 3 much, but a part of. And instead of them coming in at the 4 end of their tour of duty and do all the paperwork, we have a 5 secretary there, and they can walk in and lay all their 6 tickets on the table and get back out on the streets and make 7 more money or protect the public. And so I -- you know, it's 8 -- you know, with the cable coming down the middle of 9 Interstate 10, and those revenues dropping off 30 percent and 10 all that stuff, is it worth -- is it worth it to pay for -- 11 or pay for a secretary over there to do that work? And then 12 I find out the other day that we have the secretary there, 13 and we have sent our computer programs over there so that she 14 can sit down at the computer and enter all that data, where 15 -- and then the J.P.'s over here can just turn on their 16 computer and get all the information. It's not like that. 17 They -- we have a constable that still drives over there to 18 D.P.S., gets all the paperwork and carries it back over here 19 for them. Then the J.P.'s clerks enter it all into the 20 computer system. Something wrong with that, in my mind. 21 But -- so we need to make a decision, and I would -- I would 22 like us to make that decision before we get into the budget 23 process, kind of clear the alleyway for us. That's all. 24 COMMISSIONER OEHLER: That was my understanding, 25 that she was supposed to be feeding that data in so that we 2-14-11 105 1 didn't -- it would assist our J.P.'s in being able to access 2 those cases much quicker. And that's not the case? 3 COMMISSIONER BALDWIN: I understand it is not the 4 case. 5 COMMISSIONER OEHLER: It's your J.P. that's going 6 over there and picking it up? 7 COMMISSIONER BALDWIN: My constable. 8 COMMISSIONER OEHLER: I mean your constable, I'm 9 sorry. Well, glad you brought this up. 10 COMMISSIONER BALDWIN: We need to deal with it, I 11 think. That's all, Judge. Thank you. 12 JUDGE TINLEY: And are you asking for any action by 13 the Court today? 14 COMMISSIONER BALDWIN: No, sir, I'm not. I want 15 you to think about it, and I'll bring it back again. And -- 16 but I just think it needs to be dealt with. 17 JUDGE TINLEY: Well, the salary item alone is a 18 little over $47,500 when you figure the roll-ups in there. 19 The other items run it over -- over 51,000, almost $51,500, 20 so it's a nice chunk of change. 21 COMMISSIONER BALDWIN: Worth looking at. We could 22 take that money and give it to Rusty. 23 JUDGE TINLEY: I'm sure he'd figure out a way to 24 use it. 25 COMMISSIONER OEHLER: There might be some other 2-14-11 106 1 uses for it besides that. 2 SHERIFF HIERHOLZER: That one sounded good to me. 3 JUDGE TINLEY: Why don't we go to Item 28; 4 consider, discuss, take appropriate action to approve 5 professional services proposal for plans and bid 6 specifications for Ingram Tax/J.P. office submitted by Peter 7 Lewis and Associates. This ended up back in our lap because 8 the earlier proposal was for a broader spectrum of services, 9 and the Court's last action had to do only with those things 10 necessary to go out for bids for a portion of the overall 11 project. And the -- the documentation we provided now is for 12 that purpose, if I can find it here. It's the proposal, 13 which would include schematic design and construction 14 documents, which upon award would be necessary for us to 15 have. 16 COMMISSIONER OEHLER: You're correct. 17 JUDGE TINLEY: Any thoughts about that, 18 Commissioner? 19 COMMISSIONER OEHLER: Well, I think we need to move 20 forward, and I didn't realize that we hadn't gotten any more 21 specific than the last time we talked about this. But 22 evidently we didn't, and we need to get more specific on what 23 needs to be done there. And I think part of that is going to 24 be development -- developing a floor plan, basically, to 25 allocate space to either -- either of the parties that are 2-14-11 107 1 going to use that space, and let them work with them to do 2 the design part of that as well -- not the design, but the 3 allocation of certain square footage, so that we're in 4 compliance with A.D.A. and those kinds of things. 5 JUDGE TINLEY: So, the -- the proposal that's 6 before us right now, it's your opinion that we're not there 7 yet for what we need to go out for bids? 8 COMMISSIONER OEHLER: Well, I think we have what we 9 need to go out for bids, because we're going to finish out 10 the interior part of it in-house. So, you know, as far as 11 I'm concerned, we can move forward with having him propose 12 those documents for bid. 13 JUDGE TINLEY: Okay. 14 COMMISSIONER OEHLER: But then I think we need to 15 expand that, maybe have another agenda item next meeting. 16 What do you think? 17 JUDGE TINLEY: Well, I was -- I was about to get an 18 erroneous impression from you a bit ago. The -- the 19 information furnished here was indicated as being for the 20 ability to go out for bids only. I understand we have to do 21 some more work on it. 22 COMMISSIONER OEHLER: But for the time being, I 23 agree that we should -- we do need to authorize that to be 24 done, and we did not do that at the last meeting? We were 25 deficient? 2-14-11 108 1 JUDGE TINLEY: Well, we authorized to -- we 2 requested a proposal for -- the early proposal which he had 3 submitted to us was much broader -- 4 COMMISSIONER OEHLER: Right. 5 JUDGE TINLEY: -- than what we wanted. And we were 6 concerned about what the overall cost was going to be to see 7 whether we were going to be able to fund it. 8 COMMISSIONER OEHLER: Right. 9 JUDGE TINLEY: So we didn't want to sign onto the 10 whole thing unless we knew we were able to do it. So, the 11 first portion of it would be the documents necessary in order 12 to go out for bids, and that's what this encompasses. Only 13 after we get those bids are we going to know whether we got 14 the funds to do it. 15 COMMISSIONER OEHLER: I think that was the intent 16 of doing that. I move approval of the agenda item, to go out 17 to get -- to have Peter Lewis to prepare the plans and bid 18 specifications for the Ingram Tax office/J.P. office, and 19 submit... 20 COMMISSIONER OVERBY: I'll second that. 21 JUDGE TINLEY: That's on the proposal that's before 22 us, to approve the proposal? 23 COMMISSIONER OEHLER: Yes, sir, it is. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER OVERBY: I'll second it. 2-14-11 109 1 JUDGE TINLEY: We have a motion and second for 2 approval. Question or discussion? 3 COMMISSIONER BALDWIN: The -- where does the money 4 come from? 5 COMMISSIONER OEHLER: It will come out of capital 6 2010. 7 COMMISSIONER BALDWIN: Okay. Let me ask you a 8 question about that. I started to ask it earlier when we 9 were dealing with it on Item 1.11, the -- 10 COMMISSIONER LETZ: Cameras. 11 COMMISSIONER BALDWIN: Yeah, the cameras. And the 12 cameras were 16,000, and I thought -- I thought she said that 13 that almost depletes the capital fund. 14 COMMISSIONER OEHLER: No. 15 JUDGE TINLEY: No, that's the I.T. portion of it, 16 is what -- 17 COMMISSIONER OVERBY: Technology part. 18 COMMISSIONER BALDWIN: Okay. I was wondering about 19 that, if that's what we were saying. 20 COMMISSIONER OEHLER: There's quite a bit of money. 21 JUDGE TINLEY: That was my reason for inquiring of 22 her if that was out of the I.T. portion. 23 COMMISSIONER BALDWIN: Yeah, I heard it. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER BALDWIN: I heard you say that. 2-14-11 110 1 That's what made me question it, but I wanted to make sure. 2 COMMISSIONER OEHLER: We'll know whether we can 3 afford this or not when we get bids in. 4 COMMISSIONER BALDWIN: So, there's a chunk of money 5 laying around? 6 COMMISSIONER OEHLER: Small chunk. 7 COMMISSIONER BALDWIN: Okay. 8 JUDGE TINLEY: Any other questions or comments? 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 JUDGE TINLEY: Motion does carry. Item 29, to 15 consider, discuss, take appropriate action on allocation of 16 space for election equipment, supplies, and training at the 17 Juvenile Detention Center. Ms. Bolin. I gather you want to 18 put all your election equipment machines and all that stuff 19 over there at -- in the older part of the Juvenile Detention 20 Facility in a storage mode over there? 21 MS. BOLIN: (Whispered.) Everything but the 22 day-to-day operations. Shh. 23 COMMISSIONER OEHLER: If we could only get Rusty to 24 have that. (Laughter.) 25 MS. BOLIN: I would trade. Believe me, I would 2-14-11 111 1 trade. 2 JUDGE TINLEY: Ms. Bolin, is that condition 3 contagious? 4 MS. BOLIN: I hope not. 5 JUDGE TINLEY: Please go sit close to the Sheriff. 6 MS. BOLIN: Jannett needs the space that we're 7 currently using in the back of her office, so that's what 8 brought this forward more. We went out with Tim, Nadene and 9 I did. She's here in case I lose it totally. We went out 10 and looked, and there's two rooms. One of them was the -- 11 where they sleep, and we'll use that for storage. Another is 12 a classroom, and we'll use that for the training. It's got 13 plenty of electric. We've done all the research. Nadene 14 thinks it's going to work great. The only thing that we did 15 ask is that they please paint it, 'cause that blue is 16 horrible. It's not -- when our judges go in for training -- 17 MR. BOLLIER: Looks good, don't it, Kevin? I think 18 so. 19 MS. BOLIN: When our people go in for training, we 20 don't want them to think that they're in jail. So, I think 21 that it's going to work out great. It would be two of the 22 rooms out there in the old part. 23 JUDGE TINLEY: Kevin, we're talking about -- 24 MS. HARGIS: They do use that room, though, the 25 Juvenile Probation Department. They -- 2-14-11 112 1 MR. BOLLIER: No. 2 MS. HARGIS: Yes, they do. They use that for 3 training. And they -- 4 MR. BOLLIER: No. 5 MS. HARGIS: Yes, they do. 6 JUDGE TINLEY: One at a time here. Where you're 7 talking about putting that is in one of the cells -- 8 cellblock areas? 9 MS. BOLIN: Yes, sir. 10 JUDGE TINLEY: Okay. 11 MS. BOLIN: For storage. 12 JUDGE TINLEY: Okay. Now, there are at least two 13 classrooms in that old part. I want to keep those available, 14 whether or not they're being used or not right now by 15 anybody, for meetings, training, whatever, whether it be for 16 election people, whether it be for Juvenile Probation 17 programs or other -- other county purposes. Because I know 18 the Juvenile Probation Department is occupying the admin 19 portion of that building now, and we need to keep those 20 classrooms where they're available to be utilized for the 21 purposes they may have, as well as others. 22 MR. BOLLIER: The two classrooms that are out 23 there, you want to leave them -- leave them open, right? 24 JUDGE TINLEY: Yes. 25 MR. BOLLIER: Well, then we have another option for 2-14-11 113 1 Nadene's classrooms. We can use the gym. 2 MS. HARGIS: The gym -- 3 MR. BOLLIER: The gym part. But it's only a 4 one-time-a-year deal, to where all we have to do is put some 5 tables and chairs in there for these people, and then move 6 them out. 7 MR. STANTON: Judge? 8 JUDGE TINLEY: It may well be that one of those 9 classrooms is available for training, too. You know, 10 depending upon when it's held. 11 MR. BOLLIER: But one of those classrooms is -- 12 MR. STANTON: Hold on a second. There are actually 13 three classrooms in the new building -- in the old building, 14 in the back part. There's -- there's -- when you go down the 15 hall after you pass the first set of dormitories, if you turn 16 down that hall, there's one classroom to the left, and then 17 there's another classroom at the end of the hall -- end of 18 that hallway. Then if you go down further past the gym, 19 there's another hallway, and there's another classroom back 20 there. The first set of -- the first set of classrooms that 21 you come to on the right-hand side, the very back, has been 22 used for storage; it's full of stuff right now. And this is 23 the room that she's requesting to use as a classroom. What 24 the plan was was to take all of the old desks and all the old 25 stuff that's been brought over there from the courthouse, 2-14-11 114 1 remove that, because nobody's using that right now. We 2 remove all the stuff in there, set that up as a training 3 area, that they can use as a training area, which is not 4 being used currently by anybody except for piling old 5 furniture in it. We're going to -- what we'd like to do is 6 remove all the old furniture out there and allow them to set 7 that up as a training area. So that the classroom they're 8 talking about using is not being used by anybody at all right 9 now. 10 JUDGE TINLEY: So, that essentially would give us 11 three classrooms out there for utilization? 12 MR. STANTON: That will open up another room that 13 we could use as a training area, yes, sir. 14 JUDGE TINLEY: Those are the -- are the only areas 15 which were capable of being utilized for general purposes 16 right now, anyway. 17 MS. HARGIS: And the gym. 18 MR. STANTON: Gym. 19 MS. HARGIS: And the gym area. 20 MR. STANTON: The part that they're talking about 21 using for storage in is the Dorm 100 as you first walk in, to 22 your right, and we can secure that door. And that way nobody 23 else will have access to the files or anything that's in 24 there, unless they go through me, because I'm the only one 25 that has -- has a key to access those doors any more. 2-14-11 115 1 JUDGE TINLEY: Was there a motion? 2 COMMISSIONER OEHLER: I move approval. 3 COMMISSIONER OVERBY: Second that. 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: Motion does carry. 11 MS. BOLIN: Thank you. 12 JUDGE TINLEY: Okay. Do you want to do the bills 13 right quick? 14 MS. HARGIS: Uh-huh. 15 JUDGE TINLEY: Let's go to Section 4 of the agenda. 16 First item is payment of the bills. 17 COMMISSIONER BALDWIN: I move for approval. And I 18 second it. (Laughter.) 19 JUDGE TINLEY: Sounds like you may have to. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: We have a motion and a second to pay 22 the bills. Question or discussion? 23 COMMISSIONER OEHLER: Yeah, I have some questions. 24 Page 16, under legal services. And this -- this is probably 25 just a question that I may know the answer to, but I want to 2-14-11 116 1 know for sure. Under the airport, we have legal services by 2 Ilse Bailey. 3 MS. HARGIS: Yes. 4 COMMISSIONER OEHLER: That's the counsel that they 5 retain, or they -- they pay out of that budget when they have 6 questions or -- 7 MS. HARGIS: Part of our management contract 8 included legal fees, and then they also had an additional 9 line item for -- 10 COMMISSIONER OEHLER: They can contract with 11 whoever they wish to do that? 12 MS. HARGIS: That's correct. 13 COMMISSIONER OEHLER: Okay, that's one. Two, under 14 equipment donation or whatever, Woodbury Wild Game 15 Processing. We paid to process a hog? 16 COMMISSIONER OVERBY: What page are you looking at? 17 MS. HARGIS: What page? 18 COMMISSIONER OVERBY: What page? 19 JUDGE TINLEY: 18. 20 COMMISSIONER OEHLER: Page 18. 21 SHERIFF HIERHOLZER: I can address that real quick. 22 COMMISSIONER OEHLER: Did you run over a hog and 23 have it processed? 24 SHERIFF HIERHOLZER: No. Each year there's a 25 couple of organizations here in town that purchase one at the 2-14-11 117 1 livestock show. 2 COMMISSIONER OEHLER: Okay. 3 SHERIFF HIERHOLZER: They end up donating it to the 4 Sheriff's Office, and then out of our donation funds, not 5 county dollars, we pay to have it processed. 6 COMMISSIONER OEHLER: Okay. That's all I had. 7 COMMISSIONER BALDWIN: Barbecue. My little buddy. 8 COMMISSIONER OEHLER: I'm not cooking it. 9 (Laughter.) 10 JUDGE TINLEY: Any other question or comment? 11 Let's go to Page 3, if we might. On the prosecutor for the 12 jail docket, those are charged to the 216th, as opposed to 13 the jail court expenses. There's not a line item for the 14 prosecutor in the jail court? 15 MS. HARGIS: No, we put a prosecutor in the special 16 as well, remember? Y'all wanted that whole group, so we got 17 the court reporter, special prosecutor, and the Judge. 18 JUDGE TINLEY: Okay. Well, if the prosecutor's -- 19 excuse me, that's the defense -- defense costs. They need to 20 go out of 435 down to 437, it appears. See where I'm talking 21 about? 22 MS. HARGIS: What, the Judge? 23 JUDGE TINLEY: No. No, Sandidge Pearson. Three 24 items under 216th need to be moved down to jail court. 25 COMMISSIONER BALDWIN: Those are defense attorneys. 2-14-11 118 1 MS. HARGIS: Well, now, indigent defense, we didn't 2 move down there. Defense attorneys just -- she's the 3 prosecutor. Let me look at her bills. I have to look -- 4 COMMISSIONER BALDWIN: She's not a prosecutor. 5 JUDGE TINLEY: No, it's not a prosecutor. She 6 handles the defendants out there, and I'm not sure they're 7 all indigent or not indigent. 8 MS. HARGIS: We don't have a line item for her 9 under 437. 10 JUDGE TINLEY: Okay. And since we're doing only 11 216th cases, we allocate all those costs to the 216th, then. 12 MS. HARGIS: Well, now, some -- I think the 198th 13 has joined in some of them, so if the 198th that we have -- 14 you know, it depends on what they -- they charge. Now, Lucy, 15 I think, is just doing 216th. 16 JUDGE TINLEY: No, that particular -- that 17 particular cost is a flat fee for the jail -- for the jail 18 docket that's being shown there. Those three entries are -- 19 those are flat fees. 20 MS. HARGIS: I have to look at it. I think they 21 code those. They code those, Judge. I'll have to look at 22 them; I don't know. I do not know. Those come in coded from 23 the district courts. 24 JUDGE TINLEY: Okay. Then down under 198th, we've 25 got a court transcript. 2-14-11 119 1 MS. HARGIS: Mm-hmm. That's an old one. 2 JUDGE TINLEY: What is the vintage of that case, 3 that $6,400 entry? 4 MS. HARGIS: It was -- it was a 2007 case, I 5 believe. It's 6,000 and something dollars for the whole 6 thing. 7 JUDGE TINLEY: Mm-hmm. 8 MS. HARGIS: But it's an old case. It's where the 9 defendant was indigent, and they're requesting it for an 10 appeal. 11 JUDGE TINLEY: Just now being disposed of, I guess. 12 MS. HARGIS: Yes. 13 JUDGE TINLEY: Okay. 14 MS. HARGIS: It wasn't -- yeah, we investigated 15 that one, because we thought at first that was part of Camp 16 Mystic, and it wasn't. 17 JUDGE TINLEY: Okay. 18 MS. HARGIS: And with that regard, we have -- we 19 are going to run out of money for transcripts and court 20 reporter, so I just wanted to F.Y.I. on that. 21 JUDGE TINLEY: Special court reporter, primarily, 22 because of the Mystic trial? 23 MS. HARGIS: Mm-hmm. We don't have any -- just one 24 week of her bills so far is all we've had. Week and a half, 25 I think. 2-14-11 120 1 JUDGE TINLEY: Okay. 2 MS. HARGIS: And that is a four-week trial, and 3 it's my understanding they're coming back on the 1st of 4 March. I didn't know that until this weekend, that they are 5 coming back, because the Judge is going to make some special 6 judgments -- I'm not sure exactly, 'cause I don't know court 7 terminology. So, it's not over yet. 8 JUDGE TINLEY: Any other question or comment on the 9 bills? All in favor of the motion, signify by raising your 10 right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. Budget 15 amendments. We have -- 16 MS. HARGIS: We have one. 17 JUDGE TINLEY: Budget Amendments 1 through 5 as 18 shown on the summary sheet. The first two are dealing with 19 income items and allocating them. And -- first three, 20 actually. 21 MS. HARGIS: Right. 22 JUDGE TINLEY: Are income items. And actually, 3 23 and 4 should be combined. 24 MS. HARGIS: Well, no. One's expense, one's 25 revenue. 2-14-11 121 1 JUDGE TINLEY: I understand. 2 MS. HARGIS: Basically, we're authorizing the 3 acceptance of the donation, and then we're authorizing the 4 expense. Okay. 5 JUDGE TINLEY: The allocation of the expense item 6 is put in first. Do I hear a motion that the budget 7 amendments as shown by the summary sheet, 1 through 5, be 8 approved? 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER OEHLER: Second. 11 JUDGE TINLEY: Motion made and seconded as 12 indicated. Question or discussion? All in favor of the 13 motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion carries. We have one 18 late bill that's been presented to Mr. Lyle for fence 19 replacement, $744.36. 20 MS. HARGIS: This was in regard to a claim that 21 we've had out there for quite a while. And the fence has 22 been replaced, and so the -- the vendor asked to be paid. We 23 did get it, like, Thursday. So, because it's been there for 24 a while, we decided this is something that we damaged, and 25 we're replacing. And it's under $1,000, so we had to do it 2-14-11 122 1 without going to our insurance. 2 JUDGE TINLEY: Do I hear a motion that the late 3 bill be approved as presented? 4 COMMISSIONER OVERBY: So moved. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: Motion made and seconded. Question 7 or discussion? All in favor, signify by raising your right 8 hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion does carry. I've been 13 presented with monthly reports from Constable, Precinct 3, 14 the Tier 1 Partial Exemption Racial Profiling Report; 15 Constable, Precinct 1; Environmental Health Department; 16 County Clerk; Justice of the Peace, Precinct 3; Justice of 17 the Peace, Precinct 2; Constable, Precinct 4, racial 18 profiling; Constable, Precinct 4; J.P., Precinct 1; District 19 Clerk; Kerr County payroll for January 2011; Kerr County 20 Treasurer for January 2011; and group insurance report for 21 January 31, 2011. Do I hear a motion that the indicated 22 reports be approved as presented? 23 COMMISSIONER LETZ: So moved. 24 COMMISSIONER OEHLER: Second. 25 COMMISSIONER BALDWIN: Second. 2-14-11 123 1 JUDGE TINLEY: Motion made and seconded that the 2 indicated reports be approved as presented. Question or 3 discussion? All in favor of the motion, signify by raising 4 your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. Let's move 9 to Item 26, if we might, an 11:45 timed item. A presentation 10 of certificates and awards to Center Point High School 11 students for their work on the Historical Marker Authorship 12 for Center Point High School. Mr. Paul Parks. 13 MR. PARKS: Thank you, honorable gentleman. The 14 reason I wanted to have you all make this presentation was 15 because these folks went way beyond their normal duties of 16 school to create the narrative that has to be sent in for 17 the -- with the application for a historical marker. And 18 with that, Your Honor, I would like for you to make the 19 presentation of certificates and a little book marker memento 20 that we've made up for them. And if you will, sir, I'll 21 assist you on that. 22 JUDGE TINLEY: All right, sir. Fine looking group 23 of young people here. 24 COMMISSIONER OVERBY: You bet. 25 JUDGE TINLEY: Okay. We're going to talk about 2-14-11 124 1 each one of these? 2 MR. PARKS: Yes, sir. 3 JUDGE TINLEY: Sloan Frierson. Which one? Okay. 4 You can stand up, sure. Why don't you come on up here? 5 Sloan is a senior at Center Point High School. She has 6 applied to a number of in-state colleges, and hopes to attend 7 Rice University in the fall. That's pretty difficult just 8 getting in that place. She plans to major in acting, with a 9 minor in psychology. At Center Point, she is a member of the 10 National Honor Society, participated in the One-Act Play all 11 four years of her high school career there. She has worked 12 on productions at the Cailloux Theater for four years, and 13 her favorite roles are Stephanie in "Two Left Feet" -- I'm 14 not familiar with that -- and the Cheshire Cat in "Alice in 15 Wonderland." Sloan, it's my pleasure to present this to you 16 for your work. Thank you very much. 17 (Applause.) 18 JUDGE TINLEY: Okay. The next one we have here -- 19 good gracious, you went for the small print, didn't you? -- 20 is Rachel Ann Jordan. Rachel, why don't you come on up here? 21 MS. PIEPER: Judge, can we move the podium out? 22 We're taking pictures. 23 JUDGE TINLEY: Somebody knows what they're doing 24 here, huh? Rachel's plans are to attend Texas State 25 University. This indicates she wants to major in mass 2-14-11 125 1 communication, with an emphasis on public relations. She has 2 been on the -- on track to win a service card for donating 3 blood at the Bloodmobile program. She's already completed 4 nine college hours at San Antonio Community College. I 5 assume that's through the local program here, is it not? 6 MS. JORDAN: Yes. 7 JUDGE TINLEY: We're glad to see you doing that. 8 Good gracious alive. She's -- 9 MS. JORDAN: You don't have to read all that. 10 JUDGE TINLEY: Good gracious. 11 MR. PARKS: She's very active in the community. 12 JUDGE TINLEY: When she leaves down there, I don't 13 know who's going to do all this work that she's been doing, 14 but somebody's going to have to when she leaves. Rachel, 15 thank you so much. 16 MS. JORDAN: Thank you. 17 (Applause.) 18 JUDGE TINLEY: Amanda Weaver. 19 MR. PARKS: She's not here today. 20 JUDGE TINLEY: Amanda, as most of you know, is a 21 tremendous athlete down there. She's not decided about what 22 college she's going to. She does want to major in 23 kinesiology. Got a tremendous career in athletics down 24 there. She's also in Key Club, on the student council, 25 junior class treasurer, Center Point 4-H club president, FFA 2-14-11 126 1 first vice president, and in the FCA down there, so she's 2 also an outstanding student. 3 (Applause.) 4 JUDGE TINLEY: Christina Perez. Christina is 5 ranked number four in her class, and she has a desire to go 6 to college and major in pre-med, plans on becoming a surgeon. 7 General surgeon, I presume? Okay. She is involved in the 8 varsity volleyball team and tennis, also involved in 9 cheerleading. She is -- she was president of the junior 10 class, Key Club, vice president of the student council, also 11 captain of the cheerleading squad. 12 COMMISSIONER OVERBY: Good job. 13 JUDGE TINLEY: Christina, thank you for your work 14 on this project. 15 (Applause.) 16 JUDGE TINLEY: Melanie Chapa. Melanie says the 17 college that she plans on attending is undecided at this 18 time. Do we have update on this? 19 MS. CHAPA: Not really. 20 JUDGE TINLEY: Not really, okay. Wants to major in 21 physical therapy. In her school activities, she's been 22 involved in volleyball, cheerleading, power lifting -- better 23 be careful -- track, student council, the Key Club, UIL 24 competition. What competition in UIL? 25 MS. CHAPA: I do feature writing, calculator, ready 2-14-11 127 1 writing. That's it. 2 JUDGE TINLEY: Do a lot of scribe activities. All 3 you newspaper people, look out; you might get displaced here 4 pretty quick. She was junior class vice president. She was 5 involved in 4-H and FCA. Congratulations. 6 (Applause.) 7 JUDGE TINLEY: Okay. Zack Gatti. Zack plays 8 football down there at Center Point, is also playing 9 basketball, for the last three years in both sports. I 10 assume you're varsity on both of those, right? 11 MR. GATTI: Yes, sir. 12 JUDGE TINLEY: He's been down there attending 13 school in Center Point for 11 years now, plans on going to 14 Alamo Community College. That way you're going to take your 15 courses right here? 16 MR. GATTI: Oh, yes, sir. 17 JUDGE TINLEY: Good. Then he wants to go to Texas 18 State University and hopes to get a degree in computers over 19 there. He's been in the FFA since the 4th grade, and has 20 been showing animals for eight years. How'd do you this 21 year? 22 MR. GATTI: Okay. 23 JUDGE TINLEY: Okay? What animals do you show, 24 Zack? 25 MR. GATTI: Goats, and showing pigs and lambs. 2-14-11 128 1 JUDGE TINLEY: Goats, pigs, and lambs. You're 2 pretty well across the board, then. Zack, congratulations. 3 (Applause.) 4 MR. PARKS: Call her up. She is the principal. 5 JUDGE TINLEY: Yeah. Janda Castillo. There she 6 is, okay. I assume you were one of the chaperones/sponsors 7 of this organization? 8 MS. CASTILLO: I'm very proud -- 9 JUDGE TINLEY: She's the principal down at Center 10 Point High School, and we really appreciate all the work that 11 you've done, Ms. Castillo. 12 MS. CASTILLO: Thank you. 13 (Applause.) 14 JUDGE TINLEY: And Mr. Cody Newcomb, Center Point 15 School Superintendent down there. You've got a fine bunch of 16 young people here. 17 MR. NEWCOMB: Great group. 18 JUDGE TINLEY: We appreciate the work that they did 19 on this project. 20 MR. NEWCOMB: Thank you for doing this. Appreciate 21 it. 22 JUDGE TINLEY: You bet. 23 (Applause.) 24 JUDGE TINLEY: Thank you, guys. We appreciate your 25 work. 2-14-11 129 1 COMMISSIONER BALDWIN: Go, Pirates. 2 COMMISSIONER OVERBY: Thank y'all for coming. 3 COMMISSIONER OEHLER: That's a different voice than 4 we hear from that end of the bench. 5 JUDGE TINLEY: Yeah. 6 COMMISSIONER OVERBY: Good luck the rest of the 7 year. We're proud of you. 8 COMMISSIONER BALDWIN: Seems like the 9 superintendent would get a haircut before he came in. Look 10 at that. 11 COMMISSIONER OVERBY: Watch it, man. 12 COMMISSIONER BALDWIN: He's already out the door. 13 COMMISSIONER OVERBY: He's a good guy. 14 COMMISSIONER BALDWIN: So is old Janda. I see her 15 more than anybody in this county. 16 JUDGE TINLEY: These need to be signed. Okay. 17 Gentlemen. 18 COMMISSIONER OVERBY: There we go. 19 JUDGE TINLEY: Why don't we go to Section 5 of the 20 agenda, reports from Commissioners in connection with their 21 liaison assignments. Commissioner Overby? 22 COMMISSIONER OVERBY: Well, again, back from a busy 23 week last week. I want to give a little report on 24 Washington, D.C. We took off last week; again, Wednesday, 25 before the -- as the sleet was coming in. We did get out of 2-14-11 130 1 town just about the right time when that was coming in, and 2 did get on the road. In fact, when we were at the airport, 3 my wife had called and said school had just been canceled, so 4 we had got out just in time. But we did have a quick trip, 5 and again, the trip to Washington, D.C., is a very, very busy 6 trip. It's really two and a half days that are very solid. 7 Basically, we had a delegation, group of seven that went on 8 the trip. I did go as the -- of course, the County 9 representative with economic development. But the three main 10 components of what we really effected on the trip were -- 11 they're obviously the USDA facility here in Kerrville, the 12 Knipling-Bushland laboratory here in Kerrville and Kerr 13 County. Again, our desire again to help this facility that's 14 been here for 60 years in our community, to relocate them at 15 the Peterson Farm Road. We have bought property, as economic 16 partners in our community, to help them move to that facility 17 from their current site out on Highway 16. And so our 18 efforts are in an effort to help find federal funding to help 19 with the construction funding phase of this project. 20 The USDA was one. This is, again, our fifth year 21 on this D.C. trip. We make an annual trip every year on 22 these efforts. But, again, help supporting the USDA was 23 number one. The second effort, again, was looking at 24 construction and infrastructure funding for -- desperately 25 for our areas that we're looking at. We talked about those 2-14-11 131 1 efforts, about trying to find designated funds for -- for any 2 type of economic development program that may benefit our 3 communities and area. The third one that we spoke on behalf 4 of was supporting our veterans. We always go and we talk 5 about supporting our Kerrville V.A. Hospital. We continually 6 always push for expanding our services for our Kerrville V.A. 7 Hospital. We're very proud of our facility here in Kerrville 8 and Kerr County, and then, obviously, if we have an 9 opportunity to enhance that ability for services here, we 10 push for that. We do -- would like to see someday maybe a 11 Center for Excellence facility to be built here at Kerrville 12 for our Kerrville V.A., because of the land opportunities 13 that we could expand here in Kerrville and Kerr County with 14 those facilities for our veterans. 15 People that we met on the trip, of course that we 16 visited with, we visited with Congressman Smith. Again, his 17 efforts here in talking about it's been very helpful about 18 our construction funding -- I mean our design and engineering 19 phase of the project. We did visit with our senator's staff 20 and their folks, again, as far as Kay Bailey Hutchison and 21 Cornyn. We are going to get a letter -- joint letter signed 22 by lots of them for the construction funding phase that will 23 go to Secretary Tom Vilsack, who is the Agricultural 24 Secretary. One thing that we did talk with Congressman Lamar 25 Smith on was having one page signed by all 33 congressmen in 2-14-11 132 1 the state of Texas supporting the construction phase of this 2 project. We have had bipartisan support already from other 3 Democrat congressional folks here in the state of Texas, like 4 Henry Cuellar, who we also visited on this trip, and Henry 5 was very supportive of the USDA facility. He's, of course, a 6 democrat down there on the Laredo border. He's very 7 supportive of this project moving forward. So, again, it's a 8 bipartisan effort Democrats and Republicans, that we're 9 trying to get full Texas congressional support for that. 10 Other folks that we visited with, we visited with 11 several other congress -- congressional folks up there, 12 asking them again for their support of that project. One 13 meeting that we had on Friday last week that I thought was 14 very significant that I would like to -- to give you a report 15 on is that we did visit with the USDA Director, Ed Knipling. 16 Ed is the son of the -- the Knipling-Bushland Laboratory, of 17 course, who it's named after here in Kerrville. He is the 18 director of the USDA and A.R.S. And, of course, he can't 19 come out and lobby those efforts, as we know, but he's very 20 proud of the facility that's here in Kerrville. We also had 21 at that meeting several people from the realty portion of 22 A.R.S., and several other folks. But I think one of the 23 other persons that we had was the leading legislative 24 assistant from Secretary Vilsack's office who was there at 25 this meeting as well. 2-14-11 133 1 One thing that we do know about USDA and A.R.S. 2 projects right now, only .51 percent of our budget -- 3 national budget is spent on A.R.S. right now. That's very, 4 very scary as far as our -- our investment and research money 5 that are going to our food supply and looking at what we're 6 doing with agricultural efforts. So, our efforts right now, 7 what we do know is that there are 30 laboratory facilities 8 across the country that need to be either renovated or 9 expanded, or new facilities that need to be built. One thing 10 that we did hear back from Secretary Vilsack's aide, and also 11 from Dr. Knipling, is that the Kerrville facility -- the Kerr 12 County facility is in the top third of those projects that 13 will be for a new facility down the road. The big question, 14 of course, is money. When is funding going to -- going to 15 happen down the road? The -- the particular problem that 16 USDA and A.R.S. has, they've not been putting money back in 17 the research, and our facility here is all Quonset huts. If 18 you have not been out there to see it, there's 49 buildings 19 out there at the USDA facility, and they are 60 years old, so 20 the need for having new energy-efficient facilities built is 21 paramount for us. 22 The other thing that's good for our facility and 23 our efforts in trying to get a new lab built here in Kerr 24 County is that our facility is a stand-alone facility. We're 25 the only tick lab in the United States as far as the 2-14-11 134 1 facility's concerned. So, as we're trying to move forward, 2 it's important that as USDA and A.R.S. is consolidating or 3 shutting other programs down, our facility has a great 4 opportunity to actually see a new facility built here in the 5 long-term. So, our efforts as we finished up the USDA 6 meeting -- when we left Friday, the one thing that I thought 7 was interesting is Dr. Knipling's and the other Secretary's 8 assistant came up to us with our -- said one thing about Kerr 9 County -- Kerr County folks is that you're persistent. 10 That's the one thing I can tell you, that even though we 11 don't have the funding right now and the federal dollars to 12 move ahead with the construction funding, they know that we 13 are there. We have made it -- we continue to make that same 14 effort every year as we go and speak on behalf of the USDA 15 facility. So, it's a very important project. 16 Again, I'm glad that our economic partners stay 17 committed to this project. It is a critical project for our 18 country to get built so that the research can help expand 19 this particular program. We have 50 people that are employed 20 at this USDA facility in Kerrville, 15 scientists from all 21 over the world that are employed here that are very important 22 in helping with us our tick eradication programs, and the 23 cattle fever ticks that we have currently are starting to 24 raise their head up again. But, again, I just wanted to let 25 you know that the -- that the trip was very successful, 2-14-11 135 1 again, in promoting those efforts. Again, we'll continue to 2 move forward. The question, again, the -- we weren't there, 3 obviously, to talk about our current administration's foreign 4 policy, but we -- we did talk about a lot of things that were 5 there. But, again, our efforts are to -- as we discussed, 6 finding future dollars right now, this year and next year. 7 The same demeanor from everybody came back as the unknown, 8 and as we're facing that with our -- our budgets here locally 9 and state; the same thing is nationally right now. They 10 really don't know where they are as far as the funding is 11 going to be for projects down the road. So, we'll continue 12 to follow this as we go. Otherwise, I just wanted to say 13 that the -- the trip was very beneficial. We'll continue to 14 put that on the front burner and carry that torch. 15 JUDGE TINLEY: Dollar amount of construction? 16 COMMISSIONER OVERBY: The USDA facility feasibility 17 study calls for a $34 million laboratory to be built here in 18 Kerrville and Kerr County. They have currently spent a 19 little over four million in feasibility design and 20 engineering phase, so that's where we are right now. And, 21 again, we are in the top third on their list. In fact, it 22 was not said in this meeting, but I have had conversations 23 before that we are somewhere in the area -- number six area, 24 as far as the list of having facilities built someday. 25 JUDGE TINLEY: Anything else? 2-14-11 136 1 COMMISSIONER OVERBY: Good trip. Thank you for 2 letting me go. 3 JUDGE TINLEY: Commissioner Letz? 4 COMMISSIONER LETZ: I'll be heading to Austin for 5 some education. I'm sure y'all figure I need it, so I'll be 6 up there for a couple days. 7 COMMISSIONER OEHLER: You going to attend the 8 sessions this time? (Laughter.) 9 COMMISSIONER LETZ: Oh. 10 COMMISSIONER OEHLER: I'm just kidding. That was a 11 low shot. 12 COMMISSIONER LETZ: That was bad. I thought you 13 were my friend down here at this end. 14 COMMISSIONER OEHLER: I am. 15 COMMISSIONER LETZ: Other than that, that's where 16 I'll be the next couple days. Go ahead. 17 COMMISSIONER OEHLER: No, I'm not saying anything; 18 I'll get shot at. 19 JUDGE TINLEY: Commissioner Oehler? 20 COMMISSIONER OEHLER: No, I'm not saying anything. 21 I'm done. 22 JUDGE TINLEY: Commissioner Baldwin? 23 COMMISSIONER BALDWIN: No, sir. Unless you want to 24 give me -- me to give the ambulance speech again, which I can 25 do, word-for-word. 2-14-11 137 1 JUDGE TINLEY: We need to get you a different 2 audience in here for that. 3 COMMISSIONER BALDWIN: Oh, they all heard it, 4 didn't they? 5 JUDGE TINLEY: Yeah. Yeah. 6 COMMISSIONER BALDWIN: Yeah. I don't have 7 anything, Judge. Thank you. 8 JUDGE TINLEY: A day or so ago, I got -- actually, 9 I think I found it in the things I was going through over the 10 weekend. National Association of Counties, NACO, we are not 11 presently a member. We have -- every year we receive 12 solicitation from them to become a member. And they've 13 gotten so desperate that they're willing to allow us to be 14 members for free, as opposed to the usual almost $1,000 worth 15 of dues. 16 COMMISSIONER OVERBY: Wow. 17 COMMISSIONER OEHLER: Is this a promotional year? 18 JUDGE TINLEY: And -- I don't know what it is. 19 But, you know, I just wanted to pass that along to you. And 20 if there's an interest in accepting a free membership, I will 21 put it on our next agenda. That's all I've got. We've got 22 one more item on our agenda, and that deals with an executive 23 session matter, and so at this time, we will go out of public 24 or open session at 12:10 for the purpose of going briefly 25 into executive session. 2-14-11 138 1 COMMISSIONER OEHLER: It will be brief. 2 JUDGE TINLEY: I just had a representation that it 3 will be brief. 4 (The open session was closed at 12:10 p.m., and an executive session was held, the transcript of which 5 is contained in a separate document.) 6 - - - - - - - - - - 7 JUDGE TINLEY: Okay, we are now in open or public 8 session, and do you have any reports from elected officials 9 or department heads? 10 MS. BOLIN: They're all standing in the hallway 11 waiting to come in. 12 JUDGE TINLEY: We're in public session. Seeing no 13 one coming forward, we'll move on. Anything else? 14 MS. BOLIN: Wait. 15 JUDGE TINLEY: Anything else to come -- oh, do you 16 have something? 17 MS. BOLIN: I do. 18 JUDGE TINLEY: Okay. 19 MS. BOLIN: Some really good news. This time last 20 year, we were at 87.53 percent collections. This year we're 21 at 90.29. 22 COMMISSIONER OEHLER: Wow. 23 COMMISSIONER OVERBY: That's good. 24 COMMISSIONER BALDWIN: That is. 25 MS. BOLIN: 2.76 percent. 2-14-11 139 1 COMMISSIONER OVERBY: That's real good. 2 COMMISSIONER OEHLER: That's pretty good. 3 MS. BOLIN: It is very good. 4 COMMISSIONER OVERBY: 92? 5 MS. BOLIN: 90.29. 6 COMMISSIONER OVERBY: 90.29. That's great. 7 COMMISSIONER OEHLER: That means we don't have near 8 as many delinquent notices having to go out. 9 JUDGE TINLEY: Yeah, that's right. Okay. Anybody 10 else? Anything else to come before the Court at this time? 11 COMMISSIONER OVERBY: No, sir. 12 JUDGE TINLEY: We'll be adjourned. 13 (Commissioners Court adjourned at 12:22 p.m.) 14 - - - - - - - - - - 15 16 17 18 19 20 21 22 23 24 25 2-14-11 140 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 18th day of February, 8 2011. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 2-14-11