1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, April 11, 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 April 11, 2011 2 PAGE 3 --- Visitors' Input 6 --- Commissioners' Comments 7 4 1.1 Public Hearing concerning revision of plat 5 of Lot 16-B, Silver Hills Subdivision 12 6 1.2 Consider/discuss, take appropriate action for final approval concerning revision of plat of 7 Lot 16-B, Silver Hills Subdivision 12 8 1.3 Consider/discuss, take appropriate action to address possibility of prohibiting the sale or 9 use of restricted fireworks (skyrockets with sticks & missiles with fins) in any portion of 10 the unincorporated area of Kerr County for the Cinco de Mayo holiday 14 11 1.4 Consider/discuss, take appropriate action on 12 retirement of employee in Maintenance Department 16 13 1.5 Consider/discuss, take appropriate action to accept audit report for internal controls and 14 operations of Texas AgriLife Extension Service 16 15 1.8 Consider/discuss, take appropriate action on list for TxDOT concerning Kerr County roadway 16 priorities for FY 2015 and beyond 19 17 1.9 Consider/discuss, take appropriate action to declare April 2011 "National County Government 18 Month" in Kerr County 26 19 1.10 Consider/discuss, take appropriation action to make application for SECO Renewable Energy 20 Technology Grant Funding to improve county facilities 28 21 1.11 Consider/discuss, take appropriate action to 22 increase each of the current Fire Fighting Services & EMS interlocal agreements with City 23 of Kerrville by 10% each for FY 2011-2012 37 24 1.6 County Judge presentation to Kerr County Historical Commission, 2010 Distinguished 25 Service Award from Texas Historical Commission 54 3 1 I N D E X (Continued) April 11, 2011 2 PAGE 1.7 Consider/discuss, take appropriate action to 3 approve/appoint members & their mailing addresses for submission to Texas Historical Commission 57 4 1.12 Consider/discuss pending or proposed interlocal 5 agreements with City of Kerrville for various services and/or operations; take any appropriate 6 action thereon 58, 82 7 1.13 Consider/discuss, take appropriate action on request of funds for cost of materials to be 8 used in Center Point Lions Park for leveling parking lot and boat ramp entrance into river, 9 to be funded out of Fund 31 61 10 1.14 Consider/discuss, take appropriate action to appoint a constable for Precinct 4 for unexpired 11 two-year term due to retirement of Bob Terrill (Executive Session) 64 12 1.15 Consider/discuss, take appropriate action on 13 pending and possible litigation in Precinct 4 relating to William Vlasek property on Ingram 14 Lake (Executive Session) -- 15 1.16 Consider/discuss, take appropriate action to commence proceedings pursuant to Chapter 21, 16 Texas Property Code, to obtain necessary easements upon real property along Arrowhead 17 Road owned by Dr. Curtis C. McCubbin and Divide River Ranch, LLC, in Kerr County, Texas, for 18 purpose of construction for improvement of Arrowhead Road 67 19 1.17 Consider/discuss, take appropriate action to 20 confer with County Attorney regarding status of LCRA-CREZ litigation; consider/discuss, take 21 appropriate action to authorize pursuit of appellate remedies and appropriate necessary 22 funds (Executive Session) -- 23 1.18 Consider/discuss, take appropriate action on proposal submitted by Abel Irrigation for 24 sprinkler system at Sheriff's Annex 78 25 4 1 I N D E X (Continued) April 11, 2011 2 PAGE 3 4.1 Pay Bills 83 4.2 Budget Amendments -- 4 4.3 Late Bills 92 4.4 Approve and Accept Monthly Reports 93 5 5.1 Reports from Commissioners/Liaison Committee 6 Assignments 94 5.2 Reports from Elected Officials/Department Heads 95 7 3.1 Action as may be required on matters discussed 8 in Executive Session: Item 1.14 - Appoint Constable, Pct. 4 99 9 Item 1.15 - William Vlasek litigation 101 Item 1.17 - LCRA-CREZ litigation 102 10 --- Adjourned 104 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, April 11, 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 regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, April 11th, 2011, at 9 a.m. It is 11 that time now. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Okay. Would you rise and 13 pray with me, please, and we'll do the pledge of allegiance. 14 (Prayer and pledge of allegiance.) 15 COMMISSIONER BALDWIN: Thank you. 16 JUDGE TINLEY: Be seated, please. At this time, if 17 there's any member of the public or audience that wishes to 18 be heard on any matter which is not a listed agenda item, 19 this is your opportunity to come forth and tell us what's on 20 your mind. If you wish to be heard on an agenda item, we'd 21 ask that you fill out a participation form. There's some -- 22 or should be some located at the rear of the room. If, for 23 some reason, you haven't filled out one of those, but wish to 24 be heard on any agenda item, when we get to that item, get my 25 attention in some manner and I'll be sure and give you the 4-11-11 6 1 opportunity. But right now, if there's any member of the 2 public or audience that wishes to be heard on any matter 3 that's not a listed agenda item, come forward and give us 4 your name and address and tell us what's on your mind. 5 MR. WALSTON: Judge Tinley, I'm Roy Walston, County 6 Extension Agent here in Kerr County, Highway 27 South here in 7 Kerrville. I would like to bring to y'all's attention, and 8 I've given a copy to Jonathan and Mr. Overby, this 9 community-wide issues forum that we had back in February. 10 These are the issues that the individuals -- and we had about 11 50 individuals show up for the event, and those are the -- 12 these are some of the issues that they've identified that 13 they would like us to begin addressing over the next five to 14 six years. And what we'll do with these issues is we'll 15 bring them to our committees that we work with, and we'll 16 basically target our educational programs in these issue 17 areas here in Kerr County. And this kind of gives us a 18 guideline or outline to follow, and then we'll go from there. 19 Of course, if there's -- if we have any emerging needs that 20 come up, we'll also try to address those as well. So, this 21 is something that I just wanted to bring to your attention 22 and let you know. We're also going to be sending copies out 23 to the various individuals that were there, that represented 24 numerous agencies around the county, and so if there's an 25 opportunity for us to work with them in partnership, we'll 4-11-11 7 1 also do that. So, thank you. 2 JUDGE TINLEY: Thank you, Roy. 3 COMMISSIONER OVERBY: Thank you. 4 JUDGE TINLEY: Anyone else have any matter that 5 they want to bring to our attention that is not a listed 6 agenda item? If not, we'll go forward on the agenda. 7 Commissioner Baldwin, do you have anything for us this 8 morning? 9 COMMISSIONER BALDWIN: Just want to report to you 10 that -- I don't know if any of you ever go up Turtle Creek 11 Road, but I would highly recommend that you do. Recently, 12 Tim and I decided that we wanted to clean the place up, the 13 cemetery as well as the school, the old school yard, that we 14 own, by the way. And Tim and his group went out there; Bobby 15 Johnson took prisoners out there. The Adult Probation folks 16 went out there, and Road and Bridge participated in it. And, 17 I mean, that thing is slick as a bean, both sides of the 18 road, and we've already sent out thank-you's to all of those 19 people for participating and helping our community in 20 cleaning that thing up. But I wanted to just recognize them 21 this morning, and -- and have it in the record that they went 22 above and beyond the call of duty, service to our community. 23 And thank you, Tim, for putting that together for me. 24 MR. BOLLIER: You're welcome, sir. 25 COMMISSIONER OVERBY: Judge, just one thing -- 4-11-11 8 1 Commissioners, just one thing to report on from last week. 2 Just wanted to let you know, last week on Friday, I did 3 attend the planning session for AACOG's 2011-2015 planning 4 session for our 12-county area. Had a great group there, and 5 working on that plan, and just wanted you to know that was -- 6 went very well. So, it was a good planning session as we 7 start looking for the next four years in that area for AACOG. 8 Also wanted to let you know as well, we do have 40 9 applications right now -- if you remember, our weatherization 10 day that we had last month here, we had 67 applications. We 11 have 40 right now that are already qualified. They're still 12 going through the process of those other qualifications. But 13 we're going to have 40 folks that we know of right now in 14 Kerr County are going to benefit from that program. And we 15 hope to have as many more of those other 27 as well. Just an 16 update from that part. 17 JUDGE TINLEY: Commissioner Letz? 18 COMMISSIONER LETZ: I have nothing this morning. 19 JUDGE TINLEY: Commissioner Oehler? 20 COMMISSIONER OEHLER: We had a little cleanup going 21 on out on Nichols Creek that Schreiner University -- it was a 22 group that came together to help clean that up. Road and 23 Bridge had two trucks there for them to put the trash in, and 24 I saw Ray -- Ray Garcia sent me an e-mail that he was going 25 to forward on to the Schreiner University group that helped. 4-11-11 9 1 He said it was very, very well organized, and it -- they 2 really worked hard and got it cleaned up. And it's just one 3 of those little tributaries that feeds into the Guadalupe 4 River. We have a lot of those that need attention 5 periodically, and I think this is a program that we support 6 every year as it comes along. 7 COMMISSIONER OVERBY: They had a record year for 8 volunteers this year. Is that right? 9 COMMISSIONER OEHLER: It was all volunteer. 10 JUDGE TINLEY: Ray, how many Schreiner students or 11 people from Schreiner were involved in that particular 12 effort? 13 MR. GARCIA: We had the girls' volleyball team and 14 seven from the women's soccer team, and that was -- that was 15 it for Nichols Creek area. 16 JUDGE TINLEY: Okay. 17 MR. GARCIA: And those young ladies did an 18 extraordinary job out there. Filled up a whole trailer of 19 scrap metal, and then one dump truck from Road and Bridge 20 full of trash. 21 COMMISSIONER OVERBY: That's great. 22 JUDGE TINLEY: Those -- those young people from 23 Schreiner have really become active in the recent past 24 getting involved in this community. There was the C.S.I. 25 that Partners in Ministry collaborated and put together 4-11-11 10 1 recently. There were a tremendous number from Schreiner 2 involved in that. They've been involved with other U.G.R.A. 3 county environmental health efforts. They are really making 4 a mark in -- in getting themselves involved, and they're to 5 be commended for that. They're really showing a good 6 community spirit, and -- and making the effort to make this a 7 better community. 8 COMMISSIONER OEHLER: Well, there's one more thing 9 I want to mention that I just thought of. Last week there 10 was a meeting; I think Commissioner Baldwin attended, and Ray 11 Garcia and Ray Buck, with two of the people from the city 12 wastewater plant, to talk about the notice that we got about 13 there being a limitation on the amount of gallons that can be 14 dumped into the sewer plant from septic pumpers. 15 COMMISSIONER OVERBY: Right. 16 COMMISSIONER OEHLER: And I think that they're 17 going to start kind of scheduling a program, from what I 18 understand. Is that correct, Mr. Baldwin? 19 COMMISSIONER BALDWIN: I think, yes, sir. 20 COMMISSIONER OEHLER: But there are also some other 21 things that I brought to light and asked for answers dealing 22 with T.C.E.Q. to see what it takes to establish an area to 23 maybe dump that stuff in, and what the regulations are, what 24 permits are required. Because if this is starting now with 25 the scheduling thing, and then they limit the number of 4-11-11 11 1 gallons pumped, this could be a problem in the future, and I 2 think we need to at least find out what can be done to make 3 sure that those pumpers are still able to do their -- what 4 they need to do to keep our water and river clean, and to not 5 have usage and safety issues -- health and safety. So, Ray 6 has -- has called T.C.E.Q., and they're forwarding to us some 7 information about those things that can be done. I think we 8 need to plan for the future on this deal. We can't all of a 9 sudden -- it just can't stop. There's got to be an 10 alternative there somewhere for the future. 11 JUDGE TINLEY: Ms. Hoffer? 12 MS. HOFFER: Just to let you know, we've just 13 recently -- this past week, T.C.E.Q. called us and pulled our 14 temporary water permit, so we're having to pay for water at 15 the city of Kerrville wastewater treatment plant. And it was 16 pulled for almost two years that we couldn't use it, and it 17 just got pulled last weekend. So, we're done getting water 18 out of the river, so it's coming for everybody. 19 COMMISSIONER OEHLER: That's it for me. 20 JUDGE TINLEY: Anything else from any member of the 21 Court? Okay. Let's get to our agenda. At this time, I will 22 recess the Commissioners Court meeting, and I will convene a 23 public hearing concerning the revision of plat of Lot 16-B of 24 the Silver Hills Subdivision as shown in Volume 7, Page 154, 25 Plat Records, and located in Precinct 2. 4-11-11 12 1 (The regular Commissioners Court meeting was closed at 9:12 a.m., and a public hearing was held in open 2 court, as follows:) 3 P U B L I C H E A R I N G 4 JUDGE TINLEY: Is there any member of the public 5 that wishes to be heard concerning the revision of plat of 6 Lot 16-B of the Silver Hills Subdivision as shown in Volume 7 7, Page 154? Seeing no one coming forward, I will close the 8 public hearing concerning the revision of plat of Lot 16-B 9 of the Silver Hills Subdivision as set forth in Volume 7, 10 Page 154. 11 (The public hearing was concluded at 9:12 a.m., and the regular Commissioners Court meeting was 12 reopened.) 13 - - - - - - - - - - 14 JUDGE TINLEY: And I will reconvene the 15 Commissioners Court meeting and go to Item 2 on the agenda, a 16 9:05 timed item; to consider, discuss, and take appropriate 17 action for the final approval concerning the revision of plat 18 of Lot 16-B of the Silver Hills Subdivision as set forth in 19 Volume 7, Page 154, and located in Precinct 2. Ms. Hoffer? 20 MS. HOFFER: Hi. Leonard's at a T.F.M.A. 21 conference all week, so I'm here to do business for Road and 22 Bridge. Mr. Jim Muncie owns Lot 16-B of Silver Hills 23 Subdivision found in Plat Records, Volume 7, Page 154. 24 Mr. Muncie would like to subdivide Lot 16-B, which consists 25 of 11.24 acres. Lot 16B-1 will be 5.24 acres, and Lot 16B-2 4-11-11 13 1 will be 6 acres, and will be responsible for its own water 2 well, as noted in the plat drawing notes and restrictions. 3 Lot 16B-2 has 150 foot road frontage for access to the 4 property. So, at this time, we ask the Court for their final 5 approval of the revision of plat for Lot 16-B of Silver Hills 6 Subdivision found in Plat Records, Volume 7, Page 154, 7 located in Precinct 2. 8 COMMISSIONER OVERBY: Thank you, Kelly. I'd just 9 like to make the motion to have the final Court approval 10 concerning the revision of plat for Lot 16-B of Silver Hills 11 Subdivision, Volume 7, Page 154, Precinct 2. Motion made. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item. Question or discussion on that 15 motion? All in favor of the motion, signify by raising your 16 right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. 21 COMMISSIONER OVERBY: Kelly, I was going to say one 22 other thing, just to tell Mr. Odom -- I know he's not here 23 today, but I saw that he had his 20 years for Kerr County. 24 And, again, we appreciate his serving here at the county and 25 everything he does at Road and Bridge. Just want to 4-11-11 14 1 acknowledge him for that. We appreciate that. 2 MS. HOFFER: I'll share it with him. Thank you. 3 JUDGE TINLEY: Thank you. Let's go to Item 3, to 4 consider, discuss, take appropriate action to address 5 possibility of prohibiting the sale or use of restricted 6 fireworks, that being skyrockets with sticks and missiles 7 with fins, in any portion of the unincorporated area of Kerr 8 County pursuant to Local Government Code, Section 352.051, 9 for the Cinco de Mayo holiday. This is one of those things, 10 every time that they have an opportunity to sell fireworks in 11 the state of Texas, that we address. Any member of the Court 12 wish to pursue that? 13 COMMISSIONER LETZ: Yes, sir. I think, with the 14 conditions, I'll make a motion that we ban skyrockets with 15 stick and missiles with fins, and we go under the -- 16 COMMISSIONER BALDWIN: Second. 17 COMMISSIONER LETZ: -- authority under the state 18 law. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the prohibition for the sale of the indicated 21 fireworks. Question or discussion on the motion? 22 COMMISSIONER BALDWIN: The question I have is, for 23 some reason, I have always thought that this was for 24 Thanksgiving and Christmas season only. 25 JUDGE TINLEY: How about Fourth of July? 4-11-11 15 1 COMMISSIONER BALDWIN: We can fit that in there. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER BALDWIN: Cinco de Mayo, mm-hmm. 4 COMMISSIONER OEHLER: This looks like another 5 day -- I don't remember Cinco de Mayo having fireworks 6 before, do you? 7 COMMISSIONER LETZ: I think they had fireworks; we 8 just didn't have authority to ban them. 9 COMMISSIONER OEHLER: Oh. 10 COMMISSIONER LETZ: I kind of noticed that, but I 11 -- since the Judge put this on here with another citation 12 under state law, I presume that we have authority to do Cinco 13 de Mayo. 14 JUDGE TINLEY: Any other questions or comments? 15 All in favor of the motion, signify by raising your right 16 hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: That motion does carry. 21 COMMISSIONER LETZ: Maybe now it will rain. 22 COMMISSIONER OVERBY: Yeah. 23 JUDGE TINLEY: Hopefully. 24 COMMISSIONER OVERBY: Need some. 25 JUDGE TINLEY: Let's go to Item 4; to consider, 4-11-11 16 1 discuss, and take appropriate action on retirement of 2 employee in the Maintenance Department. Mr. Bollier. 3 MR. BOLLIER: Yes, sir. On April 29th, we'll be 4 losing Ray McCarson to retirement. I know that we have a 5 hiring freeze on right now, and I'm not asking to replace him 6 at this time. I feel that we can handle it without -- 7 without that person, and we'll give it our best shot. And I 8 may be coming back to you later. 9 JUDGE TINLEY: If it works, it works. If it 10 doesn't, you'll be back, huh? 11 MR. BOLLIER: Yes, sir. 12 COMMISSIONER LETZ: Appreciate it. 13 COMMISSIONER OEHLER: Yeah. Glad to know you have 14 that attitude. 15 MR. BOLLIER: Yes, sir. 16 JUDGE TINLEY: Thank you, Mr. Bollier. 17 MR. BOLLIER: You're more than welcome. 18 JUDGE TINLEY: Any member of the Court have 19 anything further in connection with that item? Let's go to 20 Item 5; to consider, discuss, and take -- to take appropriate 21 action to accept the audit report for the internal controls 22 and operations of the Texas AgriLife Extension Service, Kerr 23 County. Ms. Mabry? 24 MS. MABRY: Good morning. In your packet, y'all -- 25 I believe we also attached the highlights for last year. 4-11-11 17 1 That's something that they put together every year, and it's 2 a really good indication of, you know, their programs and 3 such. As far as the audit report, they did extremely well. 4 If you'll notice, Attachment A is a schedule I prepared 5 comparing the amount of contacts they have with the public to 6 their budget. And the cost -- salary cost per contact is 35 7 cents, so I figure we're getting a pretty good value when it 8 comes to the services they provide. So, as far as their 9 total budget, the cost per-contact to the public is only 42 10 cents, so we're talking, you know, less than half a dollar 11 for each person that they -- that they touch in Kerr County. 12 COMMISSIONER BALDWIN: That's great. 13 MS. MABRY: If there's any questions, I'll be glad 14 to answer them. 15 COMMISSIONER BALDWIN: I have a question. Under 16 your recommendations, -- 17 MS. MABRY: Yes? 18 COMMISSIONER BALDWIN: -- it appears that they are 19 operating with two telephone systems, the old system and the 20 new system. 21 MS. MABRY: Yes. 22 COMMISSIONER BALDWIN: And if they make their 23 normal, regular, every day, they use the old system. If they 24 just want to call over to the courthouse, they use the new 25 system. 4-11-11 18 1 MS. MABRY: Right. 2 COMMISSIONER BALDWIN: That's a little bit crazy. 3 MS. MABRY: It is. I thought it was very crazy. 4 COMMISSIONER BALDWIN: So, what have we done -- 5 let's see. Let's see, wait a minute. You had a 6 recommendation here to call I.T. The issue should be 7 reported by Extension to the I.T. Department. 8 MS. MABRY: Yes. 9 COMMISSIONER BALDWIN: Has that been done? 10 MR. WALSTON: Yes. 11 COMMISSIONER BALDWIN: That's all I need to know. 12 Thank you. 13 MS. MABRY: Thank you. Anything else? 14 JUDGE TINLEY: Anything else? What action are you 15 asking the Court to take -- 16 MS. MABRY: Just to -- 17 JUDGE TINLEY: -- with respect to this? 18 MS. MABRY: Just accept the report. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER BALDWIN: So moved. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: We have a motion and second to 23 accept the report. Question or discussion on the motion? 24 All in favor of the motion, signify by raising your right 25 hand. 4-11-11 19 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion does carry. Let's move 5 to Item 8, if we might, to consider, discuss, and take 6 appropriate action on list for TexDOT concerning Kerr County 7 roadway priorities for fiscal year 2015 and beyond. 8 Commissioner Overby? 9 COMMISSIONER OVERBY: Yes. Basically, on the 23rd 10 of March, I attended the ARRPO -- Alamo Regional Rural 11 Planning Organization -- meeting at AACOG, and at that time 12 there was a presentation that was made by Mario Medina, who 13 is a district engineer with San Antonio District of TexDOT. 14 His request is before you today to look at requests for 15 projects for Kerr County from the 2015 year out. Again, 16 these are all projects that are -- currently are not funded 17 at this time, but they want us to give them a list of 18 priorities from Kerr County as far as what we think that our 19 projects that need to be looked at and planned about. Again, 20 I want you to know that at that meeting also, from the city 21 of Kerrville, their representative is Councilman Motheral. 22 He was there as well, and they've also asked for the requests 23 of priorities coming from the city of Kerrville as well. 24 Again, we have a 30-day deadline, is what TexDOT had asked us 25 to put our priorities together and then respond back to them 4-11-11 20 1 so that we have that list there in front of them. Again, 2 what I'd like to do is for the Court to look at this, and 3 making those five projects on here that you see that you 4 might like to be accomplished after 2015. And then -- and, 5 Judge, I would assume that, you know, just to visit with the 6 City Manager on behalf of the Council's comments as well, to 7 see how that information could be shared and sent to TexDOT. 8 On the list for the page that I -- you have in front of you 9 for backup information, there are a list of -- of projects 10 that are -- from operations and mobility that are with you 11 right here, and just basically wanting to get a one through 12 five area as -- as priorities that would need to be funded, 13 or projects that need to be on the 2015 radar as far as 14 TexDOT to look at for Kerr County. 15 JUDGE TINLEY: What -- what's the deadline for the 16 submission? 17 COMMISSIONER OVERBY: March 23rd was the day that 18 the meeting was -- was held. They'd asked for a 30-day 19 window of having that back, so probably no later than -- than 20 the end of this month. I know -- 21 JUDGE TINLEY: From looking at -- at the materials 22 submitted, it shows March 30, 2011. 23 COMMISSIONER OVERBY: Okay, so it would be April 24 30th. April 30th. We've had a series of meetings down 25 there, and so it was the 30th, so it would be April 30th. 4-11-11 21 1 Now, this is -- this is also on Council's agenda tomorrow 2 night at the same time, so just trying to correspond where we 3 can get that information to TexDOT. 4 COMMISSIONER BALDWIN: I don't see a great deal 5 here that affects my precinct, so -- but I'll be happy to -- 6 be happy to support y'all. And we have a -- we have a rule 7 around here that you can't go to any more meetings for the 8 next five years. 9 COMMISSIONER OVERBY: Yeah. 10 COMMISSIONER LETZ: The only one that I don't see 11 on here, really, that I think -- you know, I've brought it up 12 with TexDOT; they disagree with me, but I think Highway 27, 13 all the way from Kerrville to Comfort, needs to be addressed 14 and possibly widened. They're adding more and more -- they 15 act like there -- they keep saying there's not a problem 16 according to their studies, yet they keep on adding turn 17 lanes and, you know, more blinking lights, so obviously 18 there's some kind of problem that they're doing it. Even 19 though they say there's not a -- a high volume of traffic 20 there. 21 COMMISSIONER OEHLER: There is. All you have to do 22 is drive down there and try to get back on the highway. 23 COMMISSIONER LETZ: And there's more and more -- to 24 add to the danger on that road, there's more and more 25 entrances coming onto it, and businesses and other things, 4-11-11 22 1 entrances. So, I think that whole stretch of road, I'd like 2 to see that added to this list they've got. I do note that 3 they've got the road at the Airport Loop Road; that is on 4 here. And -- 5 COMMISSIONER OVERBY: Yes, those two intersections, 6 improvements right there on those two, 27 at the airport and 7 at the -- those two both would need to be high priorities, I 8 think. 9 COMMISSIONER LETZ: Right, but I think that whole 10 stretch. And there -- you know, they're rightfully -- 11 they're doing a pretty extensive project in the very far 12 eastern part of the county, probably from Wilson Creek to the 13 Kendall County line. They're adding a turn lane, widening 14 the entire road through that stretch right now. But I think 15 we should add that whole stretch of highway. 16 COMMISSIONER OVERBY: Okay. Two-lane to four-lane? 17 COMMISSIONER LETZ: Yeah. 18 COMMISSIONER OVERBY: Okay. 19 JUDGE TINLEY: Does that have a paved shoulder? 20 COMMISSIONER OEHLER: Yes. 21 COMMISSIONER LETZ: They're adding a paved shoulder 22 -- there's paved shoulder on most of it now, but where 23 they've added two turn lanes recently, they did not add a 24 paved shoulder. They just kind of fit the turn lane into the 25 existing pavement. 4-11-11 23 1 JUDGE TINLEY: Okay. 2 COMMISSIONER LETZ: The -- at Lane Valley, there is 3 a full turn lane, and then, you know, the last stretch of 4 Wilson Creek to the county line, they are adding a full 5 shoulder there as well. 6 JUDGE TINLEY: Highway 16 north of the Gillespie 7 County line, talking about widening it to improve passing 8 lanes, I think that's -- you know, I -- I was glad to see the 9 signs that began when you hit Kendall -- Gillespie County 10 that said, "Do not drive on paved shoulder." Remember when 11 those signs were up? And you couldn't get people to move 12 over with a gun. (Laughter.) 13 COMMISSIONER OEHLER: Yeah. 14 JUDGE TINLEY: You know, they -- you know, people 15 were paying attention to that. But the state traffic laws 16 say that if there is a paved shoulder, you should move over 17 on it to allow faster traffic to pass. Or you can use it to 18 pass people indicating a left turn or things of that nature. 19 But they had those signs up, and, I mean, it was -- it was a 20 nightmare sometimes to get behind someone poking along there, 21 and it was difficult. But traffic on that road needs to be 22 -- is such that we -- I think that that ought to be a 23 priority also, the widening of that. 24 COMMISSIONER OEHLER: We could almost just add 25 wider shoulders, make another lane. 4-11-11 24 1 JUDGE TINLEY: Yeah. If nothing else, even putting 2 up a sign saying, you know -- 3 COMMISSIONER OEHLER: Yeah, "Get over." 4 JUDGE TINLEY: Yeah. 5 COMMISSIONER OVERBY: Get over. 6 JUDGE TINLEY: "Slower traffic, drive on paved 7 shoulder to allow faster traffic to pass," or whatever. 8 COMMISSIONER OEHLER: Get out of the way. 9 JUDGE TINLEY: Any other comments that any member 10 of the Court has with respect to this? 11 COMMISSIONER OEHLER: Not really. I have -- I 12 think the one I have in Ingram that's been proposed for a 13 long time is not on this list, because this is after 2015. 14 COMMISSIONER OVERBY: Mm-hmm. 15 JUDGE TINLEY: Yes. 16 COMMISSIONER OEHLER: To put a turn lane all the 17 way basically from the Ingram school -- or the dam all the 18 way to downtown Ingram. And that's the time whenever the 19 Cade Loop bridge also gets replaced. 20 JUDGE TINLEY: That's part of that overall plan. 21 COMMISSIONER OEHLER: Overall project. That should 22 be coming. 23 COMMISSIONER OVERBY: Bruce, is that the last one 24 underneath operations? 25 COMMISSIONER OEHLER: Hell, I can't see this thing 4-11-11 25 1 sideways. 2 COMMISSIONER OVERBY: No, I'm -- it's got -- and it 3 says funding four-year plan. Was it between 2011 and 2014? 4 It says yes. 5 COMMISSIONER OEHLER: Yes, that's it. 6 COMMISSIONER OVERBY: Is that part of that plan? 7 COMMISSIONER OEHLER: I think so. 8 COMMISSIONER OVERBY: All right. 9 COMMISSIONER LETZ: So, Guy, will you add that one? 10 COMMISSIONER OVERBY: Yeah, I have that. 11 COMMISSIONER LETZ: So, it -- 12 COMMISSIONER OVERBY: What were the others? Two 13 intersections on 27, one by the airport? 14 COMMISSIONER LETZ: Well, that one's on here. 15 COMMISSIONER OVERBY: Yeah. 16 COMMISSIONER LETZ: That was the -- 17 COMMISSIONER OVERBY: Those are on the two 18 operations, one and two. 19 COMMISSIONER LETZ: Right. 20 COMMISSIONER OVERBY: Okay. 21 JUDGE TINLEY: And the one I mentioned is the third 22 one, yeah. 23 COMMISSIONER OVERBY: Gillespie, yeah. Okay. And 24 then if you have -- that's four. Is there one more that you 25 would -- well, I hope -- 4-11-11 26 1 JUDGE TINLEY: And you got 27 to Kendall County 2 line? That's not on here. 3 COMMISSIONER OVERBY: I've got -- I've got it. I 4 just added it based on what Commissioner Letz said. That's 5 four. 6 JUDGE TINLEY: Okay. Do I hear a motion that we 7 direct the AACOG representative to submit that? 8 COMMISSIONER LETZ: So moved. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: Motion made and seconded. Question 11 or discussion? All in favor of the motion, signify by 12 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. Let's go to 17 Item 9; to consider, discuss, take appropriate action to 18 declare April 2011 National County Government Month here in 19 Kerr County. Anybody have any interest in that? 20 COMMISSIONER BALDWIN: I move for approval. Of 21 course, I am not a big fan of the national organization, but 22 if that's who's going to drive it, I'm all for it. 23 JUDGE TINLEY: Okay, I have a motion. Do I hear a 24 second? 25 COMMISSIONER OEHLER: I'll second it, but I have a 4-11-11 27 1 comment. 2 JUDGE TINLEY: Motion made and seconded. Question 3 or comment? 4 COMMISSIONER OEHLER: This might be a good time for 5 some articles to be written explaining a little more about 6 county government to the general public. I don't think the 7 general public really understands much about county 8 government, how it operates and where our revenue sources 9 are, and things that we're mandated to do by statute. So, 10 you know, I only hope that maybe we can get Rosa or somebody 11 to write one of those, you know, do a series of articles 12 during this month kind of explaining what county government's 13 all about. 14 COMMISSIONER BALDWIN: That's a great idea. A few 15 years ago, some of the ladies in the courthouse set up little 16 displays around the courthouse. People that come in can just 17 see -- like, the County Clerk has some stuff and things, old 18 typewriters and that kind of thing. That is part of county 19 government. We really tried to put on the dog one time for 20 this thing. And I agree with you; it's an excellent time. 21 It is the time -- 22 COMMISSIONER OEHLER: Yeah. 23 COMMISSIONER BALDWIN: -- to show county 24 government. 25 JUDGE TINLEY: Any other question or comments? All 4-11-11 28 1 in favor of the motion, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: The motion does carry. 6 COMMISSIONER BALDWIN: And I'm assuming that 7 includes sending this resolution? Hmm? 8 JUDGE TINLEY: Mm-hmm. 9 COMMISSIONER BALDWIN: Okay, thank you. 10 JUDGE TINLEY: Let's go to Item 10; to consider, 11 discuss, take appropriate action to make application for SECO 12 Renewable Energy Technology Grant funding to improve county 13 facilities. I put this on the agenda. As most of you here 14 and near the courthouse know, Ms. Rosa Lavender I've utilized 15 as a special projects person, particularly when it comes to 16 grants, and when I get these things in, I enlist her aid. 17 And she's come up with a proposal that -- at my request, to 18 see if we can get some more of this SECO money. The cap on 19 it is $50,000 for any one particular entity. The -- the 20 program that we've come up with is to possibly replace the 21 boiler at the Law Enforcement Center, to provide a more 22 efficient boiler system to save fuel. And our grant match is 23 20 percent, I believe. 24 MS. LAVENDER: Twenty percent, yes, sir. 25 JUDGE TINLEY: And you've got some numbers in your 4-11-11 29 1 materials, and I'll -- I'll leave it with Ms. Lavender at 2 this point. 3 MS. LAVENDER: I think there's enough for everyone, 4 plus -- 5 COMMISSIONER BALDWIN: Thank you. 6 MS. LAVENDER: -- Cheryl. 7 COMMISSIONER BALDWIN: Looks familiar, doesn't it? 8 COMMISSIONER OVERBY: It does look familiar. 9 MS. LAVENDER: It's hard to make a boiler beautiful 10 no matter what you do. This -- the SECO grant money is in 11 the current year grant funding. The remainder of the -- 12 evidently they had more funds than were claimed, and so we 13 have an opportunity here. This is, as he said, a competitive 14 grant. And counties that got A.R.R.A. money, that will be a 15 strike against us, I guess. But I've learned with grants, if 16 you don't apply for them, you're not going to get them. And 17 what we're going to ask for is in the neighborhood of about 18 $17,400, and then the County's match on it would be about 19 4,400. And it'll give us an opportunity, if we get the 20 grant, to replace something that really needs to be replaced 21 before it fails. Because when it fails, then it becomes a 22 much greater issue for the Law Enforcement Center, for the 23 Sheriff, and for the people that are housed in the jail, 24 because no hot water is an issue. 25 COMMISSIONER OVERBY: Is this the original boiler? 4-11-11 30 1 MS. LAVENDER: That is the original boiler that was 2 put in the building when it was built. The building opened 3 in '96, but the boiler was put in, and the building was built 4 around it, and so it'll be kind of a challenge to get the old 5 boiler out and the new boiler in. And we believe we'll 6 probably have to take out some of the door -- there's a 7 double door there -- and remove the door and maybe some of 8 the brick in order to get the old one out and the new one in. 9 So, it will be an interesting construction project. But it's 10 probably something that we need to go ahead and do if the 11 money's available and we can get it. 12 JUDGE TINLEY: A new boiler, Mr. Bollier, you 13 think, from a fuel efficiency standpoint, we'll recoup our 14 match cost, approximately $4,400, quickly? 15 MR. BOLLIER: I believe so. 16 JUDGE TINLEY: In fuel savings? 17 MR. BOLLIER: I believe so. I think that we can 18 save around $200 to $400 -- I mean, there's a large gap 19 there, but I think we could save several hundred dollars a 20 month out there. 21 JUDGE TINLEY: In fuel costs? 22 MR. BOLLIER: Yes, sir. 23 MS. LAVENDER: I got copies of the Atmos Energy 24 bills, and we're running between $1,000 and $1,100 a month in 25 gas costs for the whole Law Enforcement Center. So, probably 4-11-11 31 1 that projection of at least a couple of hundred, maybe 300 a 2 month in savings, will be significant. 3 JUDGE TINLEY: That's the only significant thing 4 that runs on gas there, isn't it, Sheriff? 5 SHERIFF HIERHOLZER: The kitchen, a lot of the 6 kitchen does, the stoves and that. But that's the main -- 7 MS. LAVENDER: Yes. Gas dryers, and the -- 8 SHERIFF HIERHOLZER: And the dryers. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER LETZ: The other part of this, I mean, 11 that boiler has been on the radar screen for, I guess, 18 12 years. It's about getting pretty close to life expectancy of 13 that boiler. 14 SHERIFF HIERHOLZER: And it would be -- you know, 15 as Rosa said, trying to replace it before it becomes an 16 emergency would be a lot better way to do it. 17 COMMISSIONER LETZ: Right. 18 MS. LAVENDER: And the funds are available to us, 19 hopefully. 20 JUDGE TINLEY: The $4,400 match, we had some jail 21 improvements in one of the -- one of the capital issues, 22 still some funds remaining there? 23 MS. HARGIS: Yes, sir. 24 JUDGE TINLEY: Okay. 25 MS. HARGIS: But I do need to speak a little bit on 4-11-11 32 1 this. 2 JUDGE TINLEY: Okay. 3 MS. HARGIS: I'm not opposed to, you know, us 4 applying for the grant, but you do need to know that we have 5 not received any of our money, and we have reapplied three 6 times. We kind of thought we were the only one until my 7 listserv filled up with about 15 different auditors last 8 Thursday. No one has gotten any money. 9 JUDGE TINLEY: On the SECO grants? 10 MS. HARGIS: On the SECO grants. They are far 11 behind. The people are quitting in Austin. Our contact, who 12 was like number one in charge, quit. Number two is out sick. 13 They've hired a bunch of temporaries, and everybody's having 14 the same problem. They reapply, they send everything in. 15 They -- they send it back and they have them reapply again. 16 So, they didn't ask us to reapply for the funds until a month 17 ago, and we'd already sent everything in. And we -- we've 18 done everything; we've done their checklist, but people say 19 the checklist's coming back and they're adding to it. So, I 20 just want you to know that before we do it, there -- they 21 want special bidding requirements, everything. So, if we're 22 going to do this, we have to be real careful. Let's see if 23 we get the money back we already have out there before we 24 step out and think we're going to get the money when we 25 don't. But, you know, we don't want to not apply, but I 4-11-11 33 1 would certainly like to see some of the funds coming back in 2 before we do anything. 3 COMMISSIONER LETZ: So, what you're saying is we 4 should apply, but not accept the -- if we are awarded the 5 grant, not accept it until we -- we -- 6 MS. HARGIS: We know we have everything in line. 7 We have the -- we have to meet the federal labor 8 requirements. We have to -- they want it bid regardless of 9 whether it's a dollar or two dollars, and you've got to do 10 solicitations. They just came out with that. So, we've got 11 to be real careful that we have everything in place, or 12 they're not going to reimburse it. And I -- you know, like I 13 said, if I had -- my listserv just filled up with everybody 14 saying, "We haven't gotten our money. We haven't gotten our 15 money." So, we need to just -- you know, we're about 80 -- 16 almost 100,000 in the hole right now. So -- because they 17 haven't paid us. So -- 18 COMMISSIONER OVERBY: How far behind is that? 19 MS. HARGIS: We got $2,500 -- we have been 20 submitting them every 30 days since September, and they 21 haven't paid us any of our money. We just sent a big package 22 to them again. This is our third reapply, and so, you know, 23 based on what I saw on the listserv, everybody's done it two 24 or three times and they still don't have their money. I 25 called the girl in Austin. They're very far behind. They 4-11-11 34 1 ask you to be patient, but they don't really -- you know, 2 with everybody quitting, it kind of gives you that impression 3 that something's wrong in Dodge. So, you know, we need to -- 4 COMMISSIONER BALDWIN: It shows here that the 5 applications are due by Friday. 6 MS. LAVENDER: That's correct. 7 COMMISSIONER BALDWIN: 2 o'clock. 8 MS. LAVENDER: That's correct. 9 MS. HARGIS: I mean, let's go for the grant. It 10 doesn't hurt us to go for the grant, and then hopefully we'll 11 get our money. But we want to be sure that we dot every "i" 12 and cross every "t" before we even start this project, okay? 13 You have to real careful with this stuff. In the beginning, 14 they didn't ask for all that. Now they're asking for it. We 15 have a special labor deal the contractors have to apply -- 16 they have to sign that they buy American. So, before we even 17 start the project, we have to make sure they buy American. 18 MS. LAVENDER: And one thing about this is they are 19 going to award these grants May 1st, and so it's like a -- 20 y'all kind of question when they -- 21 JUDGE TINLEY: Short fuse. 22 MS. LAVENDER: Yeah, when they say that. But, like 23 I said, if you don't apply for it, you don't get it for sure. 24 JUDGE TINLEY: Mm-hmm. 25 COMMISSIONER LETZ: Well, we can apply, and then we 4-11-11 35 1 can not accept. 2 MS. LAVENDER: Yeah. 3 COMMISSIONER BALDWIN: And the matching part of it 4 could be -- I mean, it shows the list here, and it could be 5 cash and all kinds of in-kind things, such as personnel. I 6 would assume that we could -- 7 MS. LAVENDER: Yeah. 8 COMMISSIONER BALDWIN: -- use your time to write 9 the grant. 10 MS. LAVENDER: Possibly. 11 COMMISSIONER BALDWIN: I mean, that's kind of what 12 it says here. So -- 13 MS. LAVENDER: But I'm not going to tear the wall 14 out and take the door out. 15 COMMISSIONER BALDWIN: You're not going to tear the 16 wall out? 17 MS. LAVENDER: I'm not. 18 MR. BOLLIER: It's only an inch and a half taller 19 than the door. 20 JUDGE TINLEY: Inch and a half what? 21 MR. BOLLIER: Taller than the door. They have to 22 take out one row of bricks. 23 MS. LAVENDER: One row of bricks. 24 COMMISSIONER OEHLER: Make one an inch and a half 25 shorter. 4-11-11 36 1 SHERIFF HIERHOLZER: The only other alternative is 2 that they cut the tank to get it out. 3 MR. BOLLIER: Well, the other problem is going to 4 be the other tank, getting it in. 5 SHERIFF HIERHOLZER: It may be a smaller one. 6 MR. BOLLIER: They said it's likely they would have 7 to make it -- take it out -- 8 MS. LAVENDER: Let's cross those bridges when we 9 get to them. 10 COMMISSIONER OEHLER: Let's get the money; then 11 we'll worry about the other things. 12 MS. LAVENDER: Okay. 13 MR. BOLLIER: Yeah. 14 COMMISSIONER BALDWIN: And this is -- this is -- I 15 see it's coming from the state, but it's really federal money 16 passing through, isn't it? 17 MS. LAVENDER: That's correct. 18 COMMISSIONER BALDWIN: This is Obama money. 19 MS. LAVENDER: Correct. 20 COMMISSIONER OVERBY: I'll make a motion, Judge, to 21 allow Kerr County to make application for the SECO Renewable 22 Energy Technology Grant Fund, and make a motion to make that 23 for the amount that Ms. Lavender's talked about in her 24 application for us of -- what was it, 1,700? 25 MS. LAVENDER: Probably we need to round it up a 4-11-11 37 1 little bit. 2 COMMISSIONER OVERBY: 2,000? 3 MS. LAVENDER: Since we're going to have to take 4 bids, it will be better to round it up to 25,000. 5 JUDGE TINLEY: Within the grant limitations. 6 COMMISSIONER OVERBY: Within the grant limitations, 7 okay. I make that motion. 8 COMMISSIONER OEHLER: Second. 9 JUDGE TINLEY: Motion made and seconded as 10 indicated. Question or discussion? All in favor of the 11 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: Motion carries. 16 COMMISSIONER BALDWIN: I do have one question. Is 17 this job shovel-ready? 18 JUDGE TINLEY: We've got a shovel that fits your 19 hands, Commissioner. (Laughter.) 20 MS. LAVENDER: Thank you. 21 JUDGE TINLEY: Let's go to Item 11; to consider, 22 discuss, and take appropriate action to increase each of the 23 current firefighting services and EMS interlocal agreements 24 with the City of Kerrville by 10 percent each for fiscal year 25 2011-12. Commissioner Baldwin? 4-11-11 38 1 COMMISSIONER BALDWIN: Thank you, Judge. First of 2 all, I want to ask your forgiveness for the typo in the 3 agenda. It confused me too, so don't worry about it. I 4 threw this in late Thursday afternoon, and just didn't check 5 it close enough. The City is now asking for a -- when you 6 combine the fire and ambulance, they're asking for about a 7 112 percent increase for budget 2011-2012. So, 112 percent. 8 But I want to offer them a 20 percent increase for the 9 ambulance and fire contract for 2011-12. I think this is a 10 very fair and a very generous increase. I know my way of 11 thinking is a little archaic and old-timey and just outdated. 12 I've always thought that if someone provided me with a -- 13 with some goods and services, that I simply paid for those 14 goods and services, and -- but my thinking's coming around. 15 I'm trying to have a paradigm shift here in my thinking. I 16 begin to understand how this thing really and truly works. 17 If we send this generous offer to the City, it does 18 not have to be spent on ambulances or fire trucks or 19 ambulance service or fire service. It actually could be 20 spent on salaries over there, as an example, for the City 21 Manager's office. There are four people -- four employees in 22 that department that are -- salaries go over -- a little over 23 $300,000 a year, and that might be a good place to put some 24 of our money. It could be used for -- to keep the new 25 Raymond Holloway fire station open. I keep hearing this 4-11-11 39 1 rumor about the City planning on purchasing a new -- a 2 million and a half dollar fire truck, and I'm sure that we're 3 going to be part owners in that. Anyway, I began -- begin to 4 see their way of thinking, and -- and wanted to offer this 5 generous increase in money. And I'm sure some of you feel 6 like that may be a little bit high, but -- and if you do, I'd 7 be happy to table this offer and we can rework it, bring it 8 back some other time. But if not, I plan on making a motion 9 to actually send a 20 percent offer over to the City. 10 JUDGE TINLEY: Commissioner, 20 percent, you're 11 talking about 10 percent on each contract? 12 COMMISSIONER BALDWIN: That is correct, yes, sir. 13 But I understand -- last time I talked to them, they couldn't 14 separate that out, so I thought I would do some of that for 15 them. They couldn't separate the fire and ambulance out, 16 remember? 17 JUDGE TINLEY: Mm-hmm. 18 COMMISSIONER BALDWIN: And they were combining us, 19 so I was going to combine those two 10 percents for a total 20 of 20. 21 COMMISSIONER LETZ: Commissioner, I think -- I 22 mean, on EMS, I think it makes sense. Sort of. On fire -- 23 COMMISSIONER BALDWIN: Too high? 24 COMMISSIONER LETZ: Well, at our last court 25 meeting, we sent over a new contract -- proposal for fire, 4-11-11 40 1 and I visited some with the City Manager on that, trying to 2 clarify the language a little bit, and I think I have a 3 meeting with him right after we finish up here today to go 4 over the fire. 5 COMMISSIONER BALDWIN: Was there a cost figure in 6 that? 7 COMMISSIONER LETZ: Well, we didn't put a cost 8 figure in it, but they're supposed to get -- and the problem 9 I have with fire, I'll just -- on sending over an offer is, 10 the current contract makes no sense. And I think the City 11 Manager basically agreed with me when we looked at it, talked 12 about that. 13 COMMISSIONER BALDWIN: I think that in your visit, 14 y'all were talking about 1 mile, 2 mile, 3 mile. I'm 15 actually putting some figures to it. 16 COMMISSIONER LETZ: Right. And I think -- I 17 believe they're going to give us some figures of what they 18 think that change is. 19 COMMISSIONER BALDWIN: I'm sure they are. 20 COMMISSIONER LETZ: On the EMS, you know, I mean, 21 if they want to -- if we want to just give them an increase, 22 that's fine. It seems to me we ought to still try to figure 23 out -- I mean, I keep on -- when we look at the numbers, and 24 I'm thinking -- using "we" on the Court, it appears to us 25 that the EMS costs about 2.5 million a year, and they receive 4-11-11 41 1 about 2.1 million in revenue, which gives us a shortfall of 2 about 400,000. And I have a hard time understanding why we 3 don't pay our proportionate part, which is about 30 percent 4 of that 400,000, or 40 percent of that, you know. That -- 5 COMMISSIONER BALDWIN: That's a great way to look 6 at it. 7 COMMISSIONER LETZ: That's a little bit logical, 8 maybe, but that's kind of how I look at it. Or we can send 9 over a 10 percent increase. 10 COMMISSIONER BALDWIN: So, do you feel like that 11 the 10 percent increase is too much? 12 COMMISSIONER LETZ: Well, I don't know. 13 COMMISSIONER OVERBY: Question. 14 COMMISSIONER BALDWIN: What do you think? 15 COMMISSIONER OVERBY: Question. First of all, I 16 think -- just from my area, I think the increase is the right 17 approach to start moving forward. I really do feel that in 18 trying to find a plan -- first of all, as the City -- you 19 made a great point about the City wanting $900,000, 112 20 percent, 108 percent increase, whatever. There's no way 21 that -- first of all, that we're going to get from funding 22 $432,000 to $900,000 in a year. And, again, I think the 23 increase of 10 percent is -- is a step in the right direction 24 to start talking about how we can get a -- a compromise to 25 move forward. If not, I think that the 10 percent increase 4-11-11 42 1 that we send over there right now, I don't think we'll even 2 get a response back. We haven't heard anything out of the 3 City in 90 days anyway. But, again, it's kind of one of 4 these things here. I think what I'm hearing from the folks 5 in my precinct is, you know, they want fire and EMS. And -- 6 and, basically, they want to see -- and I'm just talking 7 about my precinct. They want to see a -- a compromise where 8 there is a fair price that's -- that's met, and that's what 9 we're talking about today, about where we can go to have a 10 long-term agreement. I have a couple of things, just for 11 thought, and I would like to hand those down to you while 12 we're in discussion. 13 COMMISSIONER BALDWIN: Sure. 14 COMMISSIONER OVERBY: If that's all right, 15 Commissioner. 16 COMMISSIONER BALDWIN: Sure. I wanted to point out 17 that I really feel like that 10 percent increase is just -- 18 is very generous. I mean, I'm not -- 19 COMMISSIONER OVERBY: I understand. 20 COMMISSIONER BALDWIN: I'm not getting a 10 percent 21 increase on any of my earnings or investments. I think 22 that's very, very generous. 23 COMMISSIONER OVERBY: I understand. 24 COMMISSIONER BALDWIN: Okay. 25 COMMISSIONER OVERBY: I don't think -- 4-11-11 43 1 COMMISSIONER LETZ: Do you have an extra copy? 2 COMMISSIONER OVERBY: Yes, I'm sorry. Who else? 3 COMMISSIONER BALDWIN: Nice try, keeping Letz out 4 of it. 5 COMMISSIONER OVERBY: Yeah. 6 COMMISSIONER OEHLER: No, I -- I gave it to her. 7 I've got one. 8 COMMISSIONER LETZ: Okay. 9 COMMISSIONER OVERBY: Again, it is a -- as we're 10 talking about ideas, Commissioner, you threw an idea out of 11 10 percent. I want to throw out as well for discussion a 12 proposal for calling for a five-year plan for fire and EMS 13 interlocal agreements as well from 2012 to 2016. If we look 14 on the Agenda Item 1.12 here, it -- basically, we look at 15 $432,885 is what we currently are paying. With a 10 percent 16 increase in those two areas, we would go to $476,000 for the 17 2011-2012 year. Again, the need to get to a multi-year 18 agreement is essential so that we don't need to come back and 19 -- and go through the process every year in trying to get to 20 an agreement like you have in the three-year contract. Part 21 of this proposal is -- is requesting for the EMS proposal to 22 increase in the first year of this -- to increase by 50 23 percent, to go to $363,000. That's a $121,000 increase in 24 year one. And then in 2012, Commissioner Baldwin, again in 25 this 10 percent increment, we start getting into a 10 4-11-11 44 1 percent, and in 2012 we get to 400,000, and with a tab in the 2 2013-14 year of 400,000 as well. The 2014 and 2015 year, a 3 10 percent increment increase for the EMS to get to 484. 4 The fire proposal, again, there's no way we're 5 going to $500,000 in one year, two years, or three years. 6 It's going to take some time to get there. And -- and the 7 request here is making a proposal for an increase of 25 8 percent in the first year of $47,000 to go to 238 in the 9 first year, with 10 percent increments in 2012 through 2016 10 to get to a total of 349. The 2016 year would be a -- a 11 total of fire and EMS costs for a five-year agreement of 833 12 in five years. The increase per -- increase per each year -- 13 again, this is something, again, that we cannot go to 900,000 14 in one year. It's trying to find a fair balance of what our 15 increase would be. A 39 percent increase with these numbers 16 would be increased in your -- this first year of going from 17 432 thousand to 601, and ending at 833 in year five. These 18 would have a 39 percent increase in year one, 10 percent in 19 year two, a 4 percent in year three, and 10 in four and five. 20 The one clause that we would definitely want to put in any 21 type of interlocal agreement with the City of Kerrville on 22 EMS services is, obviously, having a bailout in there if we 23 do form an ESD district or have some type of negotiation with 24 that. 25 The last page that you have here with you, I just 4-11-11 45 1 wanted to bring to your -- this -- again, this is just a 2 proposal to start thinking about how we can craft a contract 3 that, you know, there's starting to be fair participation and 4 incremental funding, sharing with all of the partners in Kerr 5 County. I have before you a five-year proposal of support 6 for incremental funding, proportionate sharing from the City 7 of Ingram for interlocal EMS five-year agreement. Now, the 8 City of Ingram currently does not fund any funding towards 9 our EMS agreement, and I believe from the county standpoint, 10 that they do -- they do provide funding to our animal control 11 of about $20,000 a year. So, with a $10,000 increase just to 12 start them in the first year, that would be an overall of 13 2.75 in this overall budget. And with a $15,000 increment 14 for Ingram for five years would get them, in the 2015-16 15 year, a funding total of five years would be $200,000 for 16 City of Ingram to start participating in. So, when you look 17 at that, in year five they would be sharing 14 percent of the 18 total EMS agreement between partners of County of Kerr and 19 City of Kerrville. And, again, that would be something that 20 the City of Kerrville needs to start negotiating with as far 21 as having proportional sharing from the City of Ingram. So, 22 with that in place -- with that in place, if this proposal -- 23 if you looked at the EMS funding, you see that we would be at 24 373 with the Ingram support in year one, and going from 432 25 for fire and EMS to year one would be 611 in this first year. 4-11-11 46 1 To any folks at the city of Kerrville, that would be a 41.75 2 percent increase in one year. That's a substantial amount. 3 It's a large amount. But, again, there is no way that we can 4 go to 100 percent or -- or anything of that nature in one 5 year. So, this proposal, again, is just a deal to start some 6 discussion, to throw it out there. Again, the final year of 7 this contract would call -- with Ingram's participation and 8 with the -- with Kerr County's participation in five years, 9 we would finally reach their 900,000 in the fifth year of 10 this contract. And, again, there's no way we can get to the 11 figure that they're asking right now. Again, this is 12 something to throw out there. It is just basically a -- a 13 discussion item like Commissioner Baldwin has discussed to 14 throw out there to find out where we can go and get some type 15 of long-term commitment from the City of Kerrville on fire 16 and EMS. 17 COMMISSIONER BALDWIN: Well, thank you. Thank you 18 so much. I see that my offer's not enough for you, and it 19 looks like the two guys down on the end of the table think 20 it's a little bit too much. So, I'm going to table this, 21 and -- 22 COMMISSIONER OEHLER: I didn't say that. 23 COMMISSIONER BALDWIN: Well, you should. 24 COMMISSIONER OEHLER: But I might. 25 COMMISSIONER BALDWIN: And I'm going to table it, 4-11-11 47 1 and we'll rework -- we'll work on this. 2 COMMISSIONER LETZ: Can I say anything? Or is it 3 tabled? 4 COMMISSIONER BALDWIN: Sure. No, you're -- 5 COMMISSIONER LETZ: I guess my -- I have a little 6 bit of a philosophical difference with Commissioner Overby on 7 how we should proceed. I'm in favor of trying to work out a 8 long-term arrangement with the City of Kerrville. That's 9 critical. But I think we need to figure out -- you know, one 10 of my concerns on EMS has always been -- and if you go back 11 to our -- the minutes of our workshops three years ago, when 12 we had a short-term agreement, I asked a question to the City 13 of Kerrville. I said, is -- if we enter into a long-term 14 agreement with the City, is the City willing to look at 15 putting outposts, EMS stations in Center Point and Ingram so 16 we can get close to the same level of service that they 17 provide inside the city? And the answer was -- it was a flat 18 no. So, the City of Kerrville, historically, anyway, wants 19 us to pay our proportionate part, but they don't want to give 20 us our proportionate service. That's -- that's just not 21 right, in my mind. So, if the City wants us to pay equally, 22 pay a proportion, just look at the budget and runs and divide 23 everything up, they need to look at providing that same 24 service county-wide, and they haven't been willing to do 25 that. 4-11-11 48 1 That gets to me to ESD, and I think that we need to 2 be -- you know, we've looked at the ESD. I think we need to 3 make the commitment to try to do that over the next two, 4 three years; tell the City of Kerrville we're trying to do it 5 in two, three years. If they want to join with us, great. 6 If not, we'll do a two- to three-year short-term agreement, 7 we'll see what the ESD situation is, and we'll move on down 8 the road, and with the likelihood being that I think the 9 voters will approve an ESD in the rural areas of the county. 10 If the City -- you know, I can't go with a -- on the EMS 11 side, a long-term agreement on that, because the level of 12 service just isn't the same. 13 COMMISSIONER OVERBY: Sure. 14 COMMISSIONER LETZ: We're already having to 15 contract with Kimble County and Kendall County because of the 16 distance, and the City of Kerrville's not willing to 17 acknowledge they can't serve the far reaches of the county. 18 So, EMS -- we need to figure out where we're going there 19 first, and then worry about the cost part of it and how that 20 cost should be divided up. On the fire side, it also, I 21 think, is very much related to the ESD issue. I mean, to 22 have that out in the contract. The contract we sent over -- 23 the proposed agreement we sent over there last week was -- it 24 was actually for a 10-year period, which I think is 25 probably -- after visiting -- or thinking about it, probably 4-11-11 49 1 a little bit too long, until we figure out the ESD situation. 2 But I think the same thing can be said about the fire. We're 3 not getting the same level of service as the city. 4 And we don't expect that; I don't think our 5 constituents do. But we do -- and we have sent over a -- a 6 framework to try to come up with a price for them to be the 7 first responder to stabilize a fire situation of any kind 8 within the proximity of Kerrville, and we're tying to figure 9 out what that actually, distance-wise, is. Probably goes to 10 about Center Point, up to the county line on the north, you 11 know, pretty close to the county line, at least down to 12 Turtle Creek area on the south. And I think, you know, 13 hopefully the City will come back with a realistic number. 14 I'm not opposed to increasing the funding to the fire side, 15 but I really think we need to nail down the service first and 16 then talk dollars. And I think you have to look at the 17 EMS -- I think we have to continue to look at them 18 separately. I don't think we can combine. So -- and I -- 19 hopefully I'll, you know, be more enlightened after 2 o'clock 20 today, when I meet with the City Manager on the fire side. 21 JUDGE TINLEY: Commissioner, you make an excellent 22 point on -- on the level of service. You know, we've always 23 maintained that the level of service -- speaking primarily 24 about EMS, we've never had a complaint with it. They provide 25 an excellent service. But I think that anyone will 4-11-11 50 1 acknowledge that when it comes to EMS service, the most 2 important factor is response time. 3 COMMISSIONER BALDWIN: Hear, hear. 4 JUDGE TINLEY: The professionals in the business 5 will tell you that; that critical first 10 minutes response 6 time, that's the most important element of emergency medical 7 service. And when all of the assets and resources are 8 located so that they can effectively serve the city, as 9 opposed to areas outside the city, we're getting shortchanged 10 on -- on that crucial element. And to expect that we should 11 have the same level of participation as those persons inside 12 the city, with a significantly less level of service, I think 13 is unrealistic. I don't think it's appropriate. The -- if 14 those assets are located in a manner that adequately 15 protects, from a response time, the county population that 16 lays outside the city of Kerrville, certainly, it's more 17 appropriate in that respect. But I -- I think that point is 18 being overlooked insofar as level of service. We're just not 19 getting that level of service. 20 COMMISSIONER OEHLER: Good level of service once 21 they reach the scene, but before that, you got the response 22 time that's slower, and that's just a given. 23 JUDGE TINLEY: The most important level of service 24 is response time. 25 COMMISSIONER OEHLER: Yeah. 4-11-11 51 1 COMMISSIONER OVERBY: I support your -- your 2 analogy, all of us up here, again, of those -- having EMS 3 having those locations in those three areas. I think that's 4 something we need to enhance in the contract, because -- 5 start working on it so that we start doing that, because that 6 response time is critical. Again, the response time, how 7 fast they can get there, and that's part of -- should be part 8 of our negotiation strategy with them. It needs to be 9 enhanced and needs to be improved. 10 COMMISSIONER OEHLER: We also need to remember that 11 it's really a contract service. It's not -- you know, that's 12 what it really is. We're paying for, supposedly, contracted 13 service with the City of Kerrville to do EMS, I believe, is 14 what -- you know. 15 COMMISSIONER BALDWIN: That's what I always 16 thought. 17 COMMISSIONER OEHLER: I mean, it's not rocket 18 science. And so, you know, you contract for certain things 19 you pay a certain level of, and I think it's time that we -- 20 I hope that they would respond to something. They have not 21 responded with any figures any more so than what they did in 22 the very beginning, to my knowledge. Have you seen anything, 23 Judge? Anybody? 24 COMMISSIONER LETZ: I understand that -- well, 25 based on what we sent over last week, they're working on a 4-11-11 52 1 response to that agreement. 2 COMMISSIONER OEHLER: Okay. 3 COMMISSIONER LETZ: But -- and it's going to be, I 4 know, at least conceptually, maybe beyond, presented to City 5 Council tomorrow night. I -- I had a thought, and it 6 disappeared. 7 COMMISSIONER OEHLER: I have one while you're -- 8 while you're gaining yours back. You know, all this stuff -- 9 everything we talked about with these joint agreements really 10 go hand-in-hand. And it seems that the City has -- has 11 chosen to want to jointly fund everything again, which -- 12 which, you know, is the nightmare that we faced three years 13 ago and four and five years ago, whenever, you know, you 14 argue about it every -- every year. And we don't need to 15 argue about stuff. We need to have longer-term commitments 16 with some -- some numbers built in for increased costs that 17 are fair. 18 COMMISSIONER OVERBY: That's right. 19 COMMISSIONER OEHLER: And with that comes animal 20 control as being one of those things that -- you know, we 21 sent over agreements for animal control and environmental 22 health a month ago, zero charge to the City. They haven't 23 signed them. 24 JUDGE TINLEY: We're going to get to that in 25 another agenda item here. 4-11-11 53 1 COMMISSIONER OEHLER: I thought it was all in this. 2 JUDGE TINLEY: We both have something to say about 3 that, Commissioner. 4 COMMISSIONER OEHLER: Okay. 5 COMMISSIONER LETZ: My comment about -- I got my 6 thought back. 7 COMMISSIONER OEHLER: Got it back? 8 COMMISSIONER LETZ: Got my thought back. 9 COMMISSIONER BALDWIN: Hurry. 10 COMMISSIONER LETZ: Before it goes again. And I 11 think -- back on the ESD issue, I think it was Commissioner 12 Baldwin that brought it up, that hopefully the City will 13 embrace the ESD, whether they want it in the city or not. 14 It's their decision, but at least support the concept. 15 Because the logical person or entity for the ESD -- 16 county-wide ESD outside the city limits to contract with is 17 the City of Kerrville. They've got the -- they've already 18 got the infrastructure for service there. It's a way to make 19 their department, you know, I guess larger and better from 20 the EMS standpoint. And I think from the fire standpoint, it 21 gives them a guaranteed funding, and possibly do some work 22 there too. And, you know, possibly -- we have the property 23 down now for Kerrville South; maybe a station could be 24 located out there that could serve both the Kerrville South 25 area and the southern part or the south side of the river of 4-11-11 54 1 Kerrville, where there are no fire stations on the south side 2 of the river. So, I think the ESD issue is -- in my mind, 3 it's a -- the entity that wins the most there is probably the 4 City. And I hope that they, you know, will continue 5 discussions in that area and work with us to try to, you 6 know, make that happen, 'cause I think that's a way to really 7 solve this long-term. 8 COMMISSIONER OEHLER: So, you want to put this off 9 till next -- after you meet with the City Manager? Buster, 10 where are you on that? 11 COMMISSIONER BALDWIN: My agenda item? 12 COMMISSIONER OEHLER: Yeah. 13 COMMISSIONER LETZ: He tabled it already. 14 COMMISSIONER OEHLER: Where are you? 15 COMMISSIONER BALDWIN: It's tabled. 16 COMMISSIONER OEHLER: Okay. 17 JUDGE TINLEY: Okay. Have we wrung that one out, 18 gentlemen? Let's go back to Item 6, if we might, a 19 presentation to the Kerr County Historical Commission of the 20 2010 Distinguished Service Award from the Texas Historical 21 Commission. Commissioner Baldwin? 22 COMMISSIONER BALDWIN: Yes, sir. I just put my 23 name on it because I'm a nice guy. But, no, we're honoring 24 the Historical Commission of Kerr County. And I remember 25 that this award was received as well last year, and I don't 4-11-11 55 1 know how many years other than that. Do you know? But -- 2 but we have two years... Clarabelle Snodgrass, as we live 3 and breathe. 4 MS. SNODGRASS: I got one of those about '80, 5 somewhere back there. 6 JUDGE TINLEY: When you were 80? 7 MS. SNODGRASS: Oh, I can't remember that far back. 8 (Laughter.) 9 COMMISSIONER BALDWIN: Anyway, we're -- 10 Commissioners Court is extremely proud of you guys, the 11 representatives of all the -- all the citizens of Kerr 12 County, and we thank you for what you're doing, and what an 13 honor this is. And I think the Judge is going to make a 14 presentation. 15 JUDGE TINLEY: It's my privilege to present to the 16 Kerr County Historical Commission the -- come on up here -- 17 the Texas Historical Commission 2010 Distinguished Service 18 Award in recognition of its active and well-balanced 19 preservation programs. Congratulations to you. 20 MS. LEONARD: Thank you. 21 JUDGE TINLEY: Keep up the good work. We 22 appreciate what you're doing. 23 (Applause.) 24 COMMISSIONER BALDWIN: Is there anybody here from 25 the Historical Commission, by any chance? Y'all stand up; 4-11-11 56 1 let us look at you. 2 JUDGE TINLEY: Yeah. 3 COMMISSIONER BALDWIN: Look at that. That's a good 4 group. 5 (Applause.) 6 COMMISSIONER BALDWIN: Clarabelle. 7 MS. COLLINS: She is the Historical Commission. 8 COMMISSIONER BALDWIN: She is a historical 9 treasure. 10 MS. SNODGRASS: Somebody called me the godmother of 11 the markers. (Laughter.) 12 COMMISSIONER BALDWIN: This old tubby boy up here 13 on the second row, his folks used to have a chicken farm and 14 sold eggs where now is Riverhill. 15 COMMISSIONER OVERBY: Is that right? Wow. 16 COMMISSIONER BALDWIN: Isn't that right, Bryant? 17 Bryant Saner. 18 MR. SANER: Yes. Had 12,000 chickens out there. 19 COMMISSIONER BALDWIN: 12,000 chickens. 20 COMMISSIONER OVERBY: That's neat. 21 JUDGE TINLEY: That's a lot of eggs to collect, 22 isn't it? 23 MR. SANER: About 3,000 a day. 24 JUDGE TINLEY: Whoa. 25 COMMISSIONER BALDWIN: Thank god that's over. 4-11-11 57 1 (Laughter.) 2 MR. SANER: Can't make any money without that many 3 chickens. 4 JUDGE TINLEY: Thank you. We appreciate it. Let's 5 go to Item 7; to consider, discuss, and take appropriate 6 action to approve the appointed members and their mailing 7 addresses for submission to the Texas Historical Commission. 8 Commissioner Baldwin. 9 COMMISSIONER BALDWIN: Yes, sir. We talked about 10 -- we have talked about this several times in the last few 11 months, and it is time to pull the trigger and send our list 12 to Austin, wherever our list is. And -- no, that's okay. 13 So, if we don't have any additions -- and I think we accepted 14 this list several months ago, and so if there's no additions 15 or deletions from you gentlemen, we'll go ahead and mail the 16 -- mail it to Austin like the State said we shall. And they 17 use the word "shall." 18 COMMISSIONER LETZ: Commissioner, when we -- I 19 understand we can add members throughout the year if we so 20 choose, correct? 21 COMMISSIONER BALDWIN: I guess you can, sure. So, 22 this is -- this list -- this list is officially gone. Here 23 it is, with addresses. 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER BALDWIN: All right. Thank y'all. 4-11-11 58 1 JUDGE TINLEY: Okay. Any more on that one, 2 gentlemen? Let's go to Item 12; to consider/discuss pending 3 or proposed interlocal agreements with the City of Kerrville 4 for various services and/or operations, take any appropriate 5 action thereon. I put this on the agenda -- gosh, I guess 6 it's probably about a month now that we -- that we sent over 7 to the City of Kerrville three different agreements that were 8 actually approved by this Court; the airport contract, the 9 animal control, and environmental health. Also, in -- in 10 light of the mayor's comments that -- that the City didn't 11 want any trade-offs, we'll assume an obligation over here 12 that's maybe not our pro rata part in exchange for them 13 assuming an obligation under another agreement that may be in 14 excess of their pro rata part. The mayor's been pretty 15 insistent about not wanting any trade-offs and wanting to 16 look at each one of these functions as it is. And, in fact, 17 that was the reason, according to the mayor, that they 18 insisted on the airport contract, which we'd been paying or 19 are paying this year 100 percent of the maintenance operation 20 cost. There was an insisting on behalf of the City that they 21 pay half of that for the contract for the coming year. That 22 being the case, it occurred to me that we sent over two 23 contracts that don't necessarily conform to what the mayor's 24 insistence is, because in both of those contracts, we assume 25 the entire obligation to provide the service. And so it 4-11-11 59 1 seems appropriate to me, at least, that we should -- those 2 offers not having been accepted by the City to this point, 3 that we should rescind those offers, and at a minimum, if we 4 make that same offer, to add a provision in each of those 5 agreements that the effectiveness of each of those agreements 6 is contingent upon the successful negotiation to this Court 7 of all of the interlocal agreements between the City and the 8 County, so that we've got kind of one big package, it seems, 9 here. But if it's the mayor's insistence that we shouldn't 10 have any trade-offs, I think we need to, at a minimum, 11 rescind the agreements that we sent over there that don't 12 conform to that. 13 COMMISSIONER OEHLER: I'll make that motion to 14 rescind those -- those agreements. 15 JUDGE TINLEY: Talking about the animal control 16 and -- 17 COMMISSIONER OEHLER: Animal control, environmental 18 health. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER BALDWIN: Just those two? 21 COMMISSIONER OEHLER: Well, the other one is the 22 airport. 23 JUDGE TINLEY: Airport, and they're making a 24 counteroffer to that, is my understanding. I've not seen it. 25 But that one was totally shared, at their insistence, the one 4-11-11 60 1 that we sent over there. 2 COMMISSIONER LETZ: I think the only comment I'll 3 make is that -- and I think several members of the Court have 4 made reference to this, is that the City very publicly is 5 very critical of the County not moving forward quicker on all 6 these agreements. And -- 7 COMMISSIONER OVERBY: I agree. 8 COMMISSIONER LETZ: -- they imposed, the mayor and 9 City Council, a March 31st deadline. We've done a pretty 10 good job of getting contracts and offers over to them, and 11 have not received anything back from them. And I find that 12 kind of odd, when they set deadlines and then they decided, 13 well, we're not going to worry about any of those deadlines. 14 And it seems like a very peculiar thing to me. That's all I 15 can say. 16 COMMISSIONER OEHLER: I just don't see that we 17 ought to leave a zero cost to the City agreement on the table 18 whenever we can't get any action out of them. And, you know, 19 that's a -- that's a fairly expensive service, especially 20 animal control. 21 JUDGE TINLEY: Mm-hmm. 22 COMMISSIONER OEHLER: And, you know, that would be 23 -- be a shame for each of us to have to provide our own. It 24 would not be very cost-effective. 25 COMMISSIONER BALDWIN: You need a second? 4-11-11 61 1 JUDGE TINLEY: I don't think I have a second, do I? 2 THE CLERK: No. 3 JUDGE TINLEY: No, I don't. 4 COMMISSIONER BALDWIN: I'll second that emotion. 5 JUDGE TINLEY: We have a motion and a second to 6 rescind both the animal control and environmental health 7 services agreements as previously forwarded to the City. 8 Further question or discussion on the motion? All in favor 9 of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. Let's go to 14 Item 13, if we might; to consider, discuss, take appropriate 15 action on request for funds for cost of materials to be used 16 in Center Point Lions Park for leveling parking lot and boat 17 ramp entrance into the river, funded out of Fund 31. 18 Commissioner Overby? 19 COMMISSIONER OVERBY: Judge, Commissioners, again, 20 this agenda item here before you today is to request from the 21 Court, again, some expense to use for materials for the Lions 22 Park in Center Point. As you know, the park out there has 23 had -- has had a lot of years with not a lot of funding going 24 into the park. But the leveling the parking lot out there is 25 a -- it's very unlevel, is what we would say. That's a very 4-11-11 62 1 kind word. I think, Tim, you know what we're talking about 2 in this. 3 MR. BOLLIER: Yes, sir. 4 COMMISSIONER OVERBY: And, again, the parking out 5 there is just -- there's just crevices of -- just where you 6 can fall in with your car. I would like to see us -- I've 7 talked with Road and Bridge about getting some materials out 8 there so we can go ahead and get this graded and get it 9 leveled a little bit to make it a little bit safer. We also 10 have some issues with the boat ramp area over there, where 11 basically there is -- just the materials have all just -- 12 over the years, have just decayed and fallen away, and we 13 need to make a little bit safer lot over there for folks to 14 get in and have access to the river. I do know that we're 15 trying to work on some -- some -- at no expense, some 16 boulders as well that we're trying to put up on the Center 17 Point Crossing Road that's coming up so you don't have these 18 cars coming in, tearing into the parking lot real fast as 19 well. So, again, I understand funding is very limited in the 20 parks area and those things. Again, right now it's just 21 trying to make it a little bit safer and a little bit more 22 adaptable for folks to come there and enjoy the river. And, 23 again, I would make a motion that our -- again, talking with 24 our -- Jeannie, that we do have funds in Fund 31 to help and 25 assist with the cost of materials. So, with that, I would 4-11-11 63 1 make a motion for the use of materials not to exceed $1,700 2 to be used for the Lions -- Center Point Lions Park, and to 3 improving the parking lot for grading and for safety, and for 4 the improvement of the access to the boat ramp area as well 5 of the Lions Park. 6 COMMISSIONER OEHLER: Road and Bridge is going to 7 do the work? 8 COMMISSIONER OVERBY: Road and Bridge will do the 9 work; that's just the cost of materials. 10 COMMISSIONER LETZ: The -- 11 COMMISSIONER OEHLER: It's a good way to insure a 12 flood, fixing it up. (Laughter.) 13 COMMISSIONER OVERBY: Do you know what? 14 COMMISSIONER LETZ: We've done all we can do. 15 COMMISSIONER OVERBY: That's a good deal right 16 there, Bruce. 17 COMMISSIONER LETZ: Fund 31 is parks? 18 JUDGE TINLEY: Mm-hmm. 19 COMMISSIONER LETZ: And my question is, this wasn't 20 budgeted. Does -- and since it wasn't budgeted, does this 21 require us to declare an emergency to expend the funds? 22 MS. HARGIS: There was 25,000 there that you put in 23 that was not earmarked, just for parks. 24 COMMISSIONER LETZ: Okay. 25 JUDGE TINLEY: No, we -- we have the -- 4-11-11 64 1 COMMISSIONER LETZ: I know. 2 JUDGE TINLEY: -- the allocation of funds for 3 parks -- 4 COMMISSIONER LETZ: Okay. 5 JUDGE TINLEY: -- improvements, sure. 6 COMMISSIONER OEHLER: Have you got a second yet? 7 COMMISSIONER OVERBY: I don't. 8 COMMISSIONER OEHLER: I'll second it. 9 COMMISSIONER OVERBY: Thank you. 10 JUDGE TINLEY: We have a motion and a second. 11 COMMISSIONER OVERBY: Appreciate that. 12 COMMISSIONER OEHLER: We beat you up enough, huh? 13 COMMISSIONER OVERBY: That's right. 14 JUDGE TINLEY: As indicated. Further question or 15 discussion on the motion? All in favor of the motion, 16 signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: That motion does carry. Let's go to 21 the next item, Item 14; to consider, discuss, take 22 appropriate action to appoint a constable for Precinct 4 for 23 unexpired two-year term due to the retirement of Bob Terrill. 24 I note this shows to be a possible executive session item. 25 Are you wanting to go into executive session? 4-11-11 65 1 COMMISSIONER OEHLER: I think it would be a good 2 idea, being as we're going to talk about names and come back 3 and make a recommendation. 4 JUDGE TINLEY: Let's defer on that, then, if we 5 might. Let me first -- I do have a public participation form 6 filed in connection with this item. With regard to that, if 7 it's going to be deferred for later consideration in 8 executive and then into open session -- yes, sir, there you 9 are. Would you prefer to go ahead and speak to that now? Or 10 wait until later, when the matter is -- 11 MR. COPPINGER: Well, just any time the before the 12 matter is addressed. 13 JUDGE TINLEY: Before it's finalized? 14 MR. COPPINGER: Before the executive session. 15 JUDGE TINLEY: Before the executive? 16 MR. COPPINGER: Yes, sir. 17 JUDGE TINLEY: Well, let's go ahead and get that 18 done now, then. Come forward and give us your name and 19 address and tell us what you have with regard to this item. 20 MR. COPPINGER: My name is Tim Coppinger. I live 21 at 480 River Bend Road out at Hunt. And I just wanted to say 22 that you have a very unique opportunity today, because you've 23 got several good candidates for this position, and it looks 24 to me like whatever decision you make, you can't go wrong. 25 COMMISSIONER BALDWIN: True. 4-11-11 66 1 MR. COPPINGER: Now, as you're aware, there are two 2 major functions conducted by the constable. One is serving 3 civil process, and the other is acting as bailiff for the 4 justice court. And in 2009, I participated in two separate 5 8-hour courses in civil process, update classes, as some 6 aspects of civil process can be very technical, and I believe 7 my technical background has equipped me to handle this. I've 8 also served as bailiff for most every court held in this 9 courthouse. In 2010, I volunteered 664 man hours labor to 10 the Kerr County Sheriff's Department, saving the County 11 thousands of dollars. Over 200 of these man hours were done 12 as bailiff and courthouse security in this courthouse. I am 13 a native Texan. I grew up in a town much smaller than 14 Kerrville. We had one four-way stop with a blinking red 15 light. I never went hungry, but my parents never had much 16 money. I have lived in Hunt for the past six years. I do 17 believe I understand the culture in the area, and I'm 18 comfortable in blue jeans to black tie. Not having grown up 19 in the area, I do not know everybody in Precinct 4, but 20 sometimes this can be an asset. I think it makes it a lot 21 easier to treat everyone in the same professional manner. 22 And as you can tell by looking at my resumé -- or when you 23 look at my resumé, I believe I am a professional. Thank you 24 very much for your consideration, and I will be available if 25 you have any questions. Thank you very much. 4-11-11 67 1 JUDGE TINLEY: Thank you, sir. Let's go to Item 2 16, if we might; to consider, discuss, take appropriate 3 action to commence proceedings pursuant to Chapter 21 of the 4 Texas Property Code to obtain necessary easements upon real 5 property along Arrowhead Road owned each by Dr. Curtis E. 6 McCubbin and Divide River Ranch, L.L.C., in Kerr County, 7 Texas, for the purpose of construction for the improvement of 8 Arrowhead Road. Commissioner Oehler? 9 COMMISSIONER OEHLER: I'll let Rob take over. 10 He's -- he's been in contact, I believe, with Dr. McCubbin's 11 attorney, as well as the Divide River Ranch property owner's 12 attorney. So, kind of update us where we are. 13 MR. HENNEKE: Thank you, Commissioner. Gentlemen, 14 we have two different properties here at issue. This is, 15 again, the low-water crossing project out in Hunt on 16 Arrowhead Road. The last court meeting, we had a 17 presentation from Mr. Patrick Deely. Mr. Deely's an attorney 18 representing the Killians, who own the -- the one -- the 19 Divide L.L.C. property there. After that meeting, Mr. Deely 20 contacted me and we began substantive work towards them 21 granting us the temporary construction license that we had 22 requested. Mr. Deely sent back some requests. Part of the 23 negotiations, for example, are that the cypress trees that 24 are right there on the edge of the construction be planked so 25 that if they get backed into, they wouldn't be damaged. Not 4-11-11 68 1 an expensive request, something I think is reasonable. 2 Mr. Deely, on behalf of his clients, had also asked 3 that his clients be added as an additional insured as part of 4 the general contractor's insurance policy that they would be 5 required to have anyway, and the status of that is that 6 beginning -- beginning mid-last week, Mr. Coward put in a 7 request to the general contractor to see how that could be 8 done and how much it would cost. And my last conversation 9 with Mr. Coward late Friday was that, unfortunately, he did 10 not have an answer on that. So, in my opinion, the -- 11 Mr. Deely and the Killians are working with us in good faith. 12 Really, the only issue out there is providing insurance 13 coverage, which to me is a reasonable request. If we're 14 going to be on their property doing work, you know, they want 15 some kind of protection in case something happens. 16 Unfortunately, we haven't been able to give them a response, 17 and so my recommendation would be that no action be taken 18 with regard to the Killians' property, as I think we're very 19 close to coming to a final arrangement. I did speak with 20 Mr. Deely on Friday. I told him my recommendation would be 21 as such. 22 We've not had that level of cooperation with regard 23 to Dr. McCubbin. We had just -- backing up a little bit, in 24 the beginning of this year, Commissioner Oehler met with 25 Dr. McCubbin and presented him with the request that he give 4-11-11 69 1 that temporary construction license for -- you know, about 2 this much square footage area to be able to work on the 3 project while the expansion is happening. All of that 4 finished project happened within the existing roadway. So, 5 as we discussed last court meeting, really, we're just 6 looking for a small piece of land to be able to swing the 7 hammer on while they do the construction. I met with 8 Dr. McCubbin and his attorney, Steve Schulte, February 24th 9 at Mr. Schulte's office, at which time I gave them a copy of 10 the TexDOT environmental report and a complete copy of all of 11 the blueprints of all the diagrams and everything showing 12 them exactly what was going to happen, and showing that there 13 wasn't going to be any finished project on this land, also 14 addressing the issues that they had with regard to his 15 irrigation. 16 We never heard anything back. Never heard anything 17 back until, you know, the -- Dr. McCubbin and Mr. Killian put 18 the issue on the agenda with the petition for -- against the 19 project, which this Court has already discussed. Last 20 Commissioners Court meeting, Dr. McCubbin was here, heard 21 y'all's discussion. After the court hearing, I happened to 22 run into Mr. Schulte in the courthouse. I told him 23 personally where we were at, and that the Court had postponed 24 action for two weeks to give them an opportunity to get with 25 me to work something out. I also re-sent Mr. Schulte, on 4-11-11 70 1 behalf of his client, a letter, again, with the temporary 2 easement attached to it that they already had, that they had 3 had since the end of February, but asking that they contact 4 me; that we need to work something out. If they had any 5 counterproposal, I'd be glad to discuss that. Didn't hear 6 anything. 7 The end of day last Thursday, I did receive a 8 letter from Mr. Schulte, and I forwarded a copy to the Court, 9 where Mr. Schulte asked for some additional documents that 10 were referenced in the TexDOT report. He wanted a copy of 11 the traffic count, I think is one of the documents that was 12 -- that was requested. And how that's relevant to his 13 client's property, I don't have any understanding on. 14 Mr. Schulte, in his letter, said we'll have a proposal to you 15 shortly. Well, I immediately followed up to Mr. Schulte and 16 I said, Please send me a copy of your proposal; this matter 17 is on Monday's agenda. Or I would invite you to come here to 18 court so you could directly discuss your proposal with the 19 Court. But this matter is on the agenda; it's already been 20 posted on the agenda, and the Court is looking for something 21 substantive from your client. I think Mr. Schulte's response 22 was, Well, we don't have a proposal. Said we did in the 23 letter, but we don't have a proposal, and until I get these 24 additional reports, we're not going to -- we're not going to 25 make a proposal offer. To which my response to Mr. Schulte 4-11-11 71 1 was strongly encouraging him or his client to be here today 2 at court to discuss from their point of view what their 3 proposal was or where they were at. 4 It is true that they've asked for the wetland 5 delineation report and the traffic count study in their 6 letter from last Thursday. Why it took them almost two weeks 7 to get any kind of response calls into question whether that 8 request for documents is in good faith, or is just a stall 9 tactic to try to prevent y'all from taking any action today. 10 But that is where the -- you know, the status of the 11 negotiation or lack thereof. It is referenced in 12 Mr. Schulte's letter from last Thursday that he says that 13 they're willing to -- to negotiate, but I think I've 14 accurately described the substantive, actual tangible actions 15 and lack thereof that have happened over the last four months 16 that Commissioner Oehler and myself have been trying to get a 17 counterproposal or terms or any kind of progress on this. 18 So, you know, this Court does not have to take any action 19 today. They've asked for additional information. I have 20 Mr. Coward checking on getting copies of those studies. Or 21 this Court can choose to move forward, and I'm happy to 22 answer any questions about the progress. 23 JUDGE TINLEY: I'm having some difficulty figuring 24 out what the real relevance of -- of those particular bits of 25 information that -- that they've recently requested have to 4-11-11 72 1 do with the temporary construction easement. If the issue is 2 whether or not the State should have come to the conclusion 3 that that bridge needs to be reworked or whether or not the 4 -- the feds didn't look at something when they allocated the 5 money for it, that's certainly not an issue that's -- that 6 bridge has already been crossed, as it were. 7 COMMISSIONER BALDWIN: You mean like the traffic 8 count, Judge? Things like that? 9 JUDGE TINLEY: Sure. 10 COMMISSIONER BALDWIN: I agree with you. 11 JUDGE TINLEY: I mean, I think without the 12 appropriate incentive -- and I define that as an authorized 13 condemnation action -- that you're not going to get any 14 meaningful response out of them. And based upon the concern 15 that there may be difficulty in the future in maintaining 16 any -- any roadway and/or approach to a bridge, we may want 17 to consider condemnation, not just of a temporary 18 construction easement, but of a portion of the property 19 itself, so that we don't have this issue down the road. 20 MR. HENNEKE: I will -- I did forget to add that -- 21 I'll point out, for months the responsive issue from 22 Dr. McCubbin through his attorney has been, We're afraid that 23 this project is going to interfere with his irrigation well. 24 Now, the irrigation -- Dr. McCubbin's property is upstream of 25 this bridge, and his well is 100 feet upstream. And I find 4-11-11 73 1 it very interesting that in Mr. Schulte's letter on Thursday, 2 he says that the well's not -- not an issue any more, but he 3 still wants this addition -- this additional information. As 4 I've met with TexDOT, gone over the report, and met with 5 Mr. Schulte, you know, this is not going to have any effect 6 upon his property. In fact, what they're doing is, in this 7 bridge project, they're not creating any kind of artificial 8 riverbed. They're not having any permanent disruption of, 9 you know, the gravel. They're driving stakes directly into 10 the bedrock, and that's how they're going to anchor the new 11 bridge structure. So, you know, any disruption, you know, 12 might occur a little bit downstream, but not upstream. And I 13 don't -- this has been a problem, and I don't see any -- any 14 indication, Judge, as you said, that this wouldn't continue 15 to be a problem even if we got an agreement. 16 COMMISSIONER LETZ: I was going to ask a question 17 to Rob, or probably better to Commissioner Oehler. 18 Historically, when we get floods, is that irrigation well -- 19 does it cover -- does anything happen to it? 20 COMMISSIONER OEHLER: Covered with floodwater. 21 COMMISSIONER LETZ: But what I mean, does it -- I'm 22 just wondering, is he trying to set the stage for the next 23 big flood we have on that area of the river that damages his 24 well, that he's going to come back to us as the -- to fix the 25 well? Because if it's like any -- you know, most of the 4-11-11 74 1 river, those irrigation wells, they pretty much get torn up 2 during big floods. 3 COMMISSIONER OEHLER: His is all ground level. 4 It's basically a hand-dug straw that comes out of the gravel, 5 that water that seeps in through the gravel, that he 6 irrigates his pecan trees out of. 7 COMMISSIONER LETZ: So it's not -- I mean, it 8 shouldn't even really be affected by a flood. 9 JUDGE TINLEY: How deep is that well? 10 COMMISSIONER OEHLER: I don't know, but I would 11 guess not over 7 or 8 feet. 12 JUDGE TINLEY: What he's doing is he's diverting 13 from the river. 14 COMMISSIONER OEHLER: That's right. He has a 15 diversion permit to pump from the river. 16 JUDGE TINLEY: Okay. Well, if you're going to 17 divert either way -- 18 COMMISSIONER OEHLER: Yeah, it's diverted, just 19 like any of those other wells. I mean, it's just a shallow, 20 down to the bedrock type well that flows -- and it may even 21 be dug into the bedrock a little bit. 22 COMMISSIONER LETZ: I'd just hate for him to come 23 down after the road's done when a normal flood event may put 24 some gravel on top -- may, may not. 25 COMMISSIONER OEHLER: It's up out of the river 4-11-11 75 1 bottom a little bit, and it's got a flat slab poured over the 2 top that can be removed to work on stuff. And there's no -- 3 no damage; there's not even any debris that collects on top 4 of it. There's not much gravel in that area, mostly rock 5 bottom. 6 MR. HENNEKE: And if it did, again, his property is 7 upstream, so a flood coming down wouldn't be caused by this 8 project. 9 COMMISSIONER LETZ: I mean, I wouldn't -- I'm not 10 saying that I don't agree with what you're saying. I just 11 don't want him to come back after the fact with some other 12 claim. 13 COMMISSIONER OEHLER: Well, that was at issue. 14 It's not an issue any more, but that's what he was arguing 15 about to begin with, and now evidently he's conceded that -- 16 COMMISSIONER LETZ: Not an issue. 17 COMMISSIONER OEHLER: -- this isn't an issue at 18 all. 19 COMMISSIONER LETZ: So, the agenda item is -- is it 20 to just do -- give you authority for the condemnation to do 21 the easements? Or is it also going as far as the Judge is 22 saying, to possibly look at condemnation of the property, 23 should we need it long-term for -- 24 COMMISSIONER OEHLER: I don't know that you can -- 25 can you condemn temporarily? 4-11-11 76 1 COMMISSIONER LETZ: I mean, I -- 2 MR. HENNEKE: It wouldn't be a temporary 3 condemnation. 4 COMMISSIONER OEHLER: There's no such thing. 5 You're going to have to condemn it -- 6 COMMISSIONER LETZ: So, the agenda item doesn't -- 7 we just need to approve the agenda item so you can move 8 forward? 9 MR. HENNEKE: If that's the Court's direction. 10 COMMISSIONER OEHLER: That's what needs to happen, 11 because I have been working with him for three years trying 12 to get this resolved, and it's intensified the last few 13 months, and there's no cooperation that I can see whatever. 14 COMMISSIONER LETZ: Is Dr. McCubbin and Divide 15 River Ranch, is that the same entity? 16 MR. HENNEKE: No, sir. Divide River Ranch is owned 17 by the Killians, whose attorney is Mr. Deely. 18 COMMISSIONER LETZ: But you would recommend taking 19 Divide River Ranch out of any motion made? 20 MR. HENNEKE: Correct. 21 COMMISSIONER OEHLER: I would say that we would -- 22 we would take that out and just go with the McCubbin. 23 Surveys have all been done. We're talking about 100 -- how 24 many square feet? 25 MR. HENNEKE: 157 square feet. 4-11-11 77 1 COMMISSIONER OEHLER: 157 square feet, what we're 2 talking about here. 3 JUDGE TINLEY: We may want to enlarge the area that 4 -- in the McCubbin case, because, you know, if that's going 5 to put us tight during the construction, why, we should 6 anticipate a problem, and we may -- we maybe should think 7 about getting additional width there. 8 COMMISSIONER OEHLER: Well, there's not much else 9 you can do, because it's -- all that right in that area is 10 all cypress trees, and there's just a little, bitty bank area 11 there that you could actually access or use. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER OEHLER: And that's what we're talking 14 about, is that small area that would allow -- basically, this 15 would increase the county's right-of-way to 35 feet 16 permanently on the upstream side. Downstream side, if 17 Killian signs up for the temporary, we don't really need that 18 any more. It's mainly upstream, I think, is where we're 19 going to have the problem, especially for maintenance in the 20 future. 21 COMMISSIONER LETZ: Right. But, I mean, is 5 feet 22 enough, if a big cypress tree lodges itself on that bridge, 23 to get rid of that tree? 24 COMMISSIONER OEHLER: Yes. This is what Mike 25 Coward said they needed to be able to construct the bridge. 4-11-11 78 1 COMMISSIONER LETZ: And maintain it? 2 COMMISSIONER OEHLER: And maintain it. But I'll 3 move that we move forward -- oh, pursuant -- commence 4 proceedings pursuant to Chapter 21 of the Texas code to 5 obtain necessary easement upon real property owned by 6 Dr. Curtis McCubbin, as surveyed and needed for the project. 7 COMMISSIONER LETZ: Second. 8 JUDGE TINLEY: We have a motion and a second as 9 indicated. 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. Why don't we 15 take about a 15-minute recess. 16 (Recess taken from 10:45 a.m. to 10:57 a.m.) 17 - - - - - - - - - - 18 JUDGE TINLEY: Okay, let's come back to order, if 19 we might. Let's go to Item 18; to consider, discuss, and 20 take appropriate action on proposal submitted by Abel 21 Irrigation for the sprinkler system at the Sheriff's Annex. 22 Mr. Bollier? 23 MR. BOLLIER: Yes, sir. I think Jeannie's got 24 those numbers. 25 JUDGE TINLEY: She just handed them to you; she's 4-11-11 79 1 not getting up for this one. 2 MR. BOLLIER: No, sir, I don't think she's getting 3 up. I have a proposal by Abel Irrigation for the new annex 4 over there to put in a sprinkler system. He's given me two 5 different bids. One's in case he has to go underneath the 6 sidewalk. If he has to go underneath the sidewalk here in 7 the front, it'll be $8,920, and if he goes around the back of 8 the building like we were talking about, it's going to be 9 $8,420. And I've even offered him our help. He said -- you 10 know, I told him we'd help him as much as possible to try to 11 reduce that price, and he said that was fine. He just didn't 12 put all that on here. And -- 13 JUDGE TINLEY: So, if he does all the work, it's as 14 indicated here? The only way it's going to go is down? 15 MR. BOLLIER: The only way it will go down is if I 16 help. 17 JUDGE TINLEY: Well, that's what I'm talking about. 18 MR. BOLLIER: Yes, sir. 19 JUDGE TINLEY: This is not based upon your guys 20 helping him -- 21 MR. BOLLIER: No, sir. 22 JUDGE TINLEY: -- lay some of the -- lay some of 23 the lines or any of that business, or cleaning ditches or any 24 of that? 25 MR. BOLLIER: It's just -- no, sir. It's just 4-11-11 80 1 based on him doing all the work. 2 JUDGE TINLEY: Okay. And based upon your dealing 3 with the irrigation out here and at other places, you're 4 recommending that the Court approve this? 5 MR. BOLLIER: Yes, sir, I am. 6 JUDGE TINLEY: Okay. 7 MR. BOLLIER: If Ms. Hargis can find the money. 8 MS. HARGIS: Well, this is coming out of the tax 9 note, yes. 10 JUDGE TINLEY: Mm-hmm, annex. 11 COMMISSIONER LETZ: Only comment I'd make -- well, 12 first, that I think Abel Irrigation is an outstanding 13 company. 14 COMMISSIONER OVERBY: They do a good job. 15 COMMISSIONER LETZ: They do good work. 16 MR. BOLLIER: He's very good. 17 COMMISSIONER LETZ: Good contractor. 18 MR. BOLLIER: He also -- Jonathan, he also seems -- 19 any time I have a problem, he jumps right on it. You know, 20 he drops things to come and answer my questions and show me, 21 and he's never charged me a dime for any of that -- pardon 22 me, charged the county. 23 COMMISSIONER LETZ: And he's -- I mean, not that 24 this has anything to do with this, but part of the reason the 25 Little League fields look so good out in Kerrville right now 4-11-11 81 1 is due to his efforts, which were volunteer. Only question I 2 had, though -- and, certainly, he knows how to design 3 irrigation. It seems like using the type of spray heads he's 4 doing for that large of an area seems odd to me. 5 MR. BOLLIER: Well, there's -- like, in the front 6 of the building -- or not the front. Paseo Drive's here. 7 It'll be on the south side. The south side of that building 8 where everybody goes in, that's a small area. 9 COMMISSIONER LETZ: Small area there. 10 MR. BOLLIER: You don't have but what, 5 or 6 feet 11 maybe? 12 SHERIFF HIERHOLZER: Yeah, it's very narrow along 13 there. 14 MR. BOLLIER: Very narrow. The largest part is up 15 on Paseo Drive up there. That's the largest part. 16 COMMISSIONER LETZ: Okay. 17 MR. BOLLIER: And then we have a little island 18 here, and then around the side of the building. 19 COMMISSIONER LETZ: That's fine. I mean, he knows 20 what he's doing. 21 MR. BOLLIER: So, Jeannie says we have the money, 22 so I'm just waiting for -- 23 COMMISSIONER LETZ: I move we accept the proposal 24 from Abel Irrigation. 25 COMMISSIONER BALDWIN: Second. 4-11-11 82 1 JUDGE TINLEY: We have a motion and a second to 2 accept the proposal as submitted. Further 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: The motion does carry. 9 MR. BOLLIER: Thank you. 10 COMMISSIONER OEHLER: Judge, can -- I have a 11 request to go back and reopen Number 12 -- Item 12, to 12 clarify something. 13 JUDGE TINLEY: Okay. Let me recall Item 12; 14 consider/discuss pending or proposed interlocal agreements 15 with the City of Kerrville for various services and/or 16 operations, take any appropriate action thereon. 17 Commissioner Oehler, you had something? 18 COMMISSIONER OEHLER: We authorized that, you know, 19 we would rescind those contracts -- or the agreements we sent 20 to the City. I think we should also authorize the County 21 Attorney to give them formal notice in writing for that, 22 rather than just letting it be known in the paper. I don't 23 think that was part of the motion, but I think it's 24 appropriate to do that, rather than -- that way they do have 25 formal notice -- 4-11-11 83 1 COMMISSIONER BALDWIN: I agree. 2 COMMISSIONER OEHLER: -- of what we're intending to 3 do. 4 JUDGE TINLEY: Not having been accepted, we rescind 5 the offers as evidenced by those two documents. 6 COMMISSIONER OEHLER: Right. 7 JUDGE TINLEY: Okay. That's your motion? 8 COMMISSIONER OEHLER: That's my motion. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE TINLEY: I have a motion and second as 11 indicated. Further question or discussion? All in favor, 12 signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion carries. We've got -- 17 there's some executive session items. Are all of those going 18 to require executive? 19 COMMISSIONER OEHLER: Yes, sir, I believe so. 20 JUDGE TINLEY: Okay. Let's go to Section 4 of the 21 agenda, then. Payment of the bills. 22 COMMISSIONER BALDWIN: I got a couple of questions. 23 On Page 20 -- let's see, is that the Juvenile Detention 24 Facility? The next to the last one, Windstream Corporation. 25 Is that a deal like the Extension Service this morning, where 4-11-11 84 1 they -- we have two different phone companies operating 2 there, or what's the deal there? 3 MS. HARGIS: I think we're still doing a cross-over 4 between those two facilities. We haven't totally got that 5 completed yet at the Detention Center. 6 JUDGE TINLEY: They're not tied into our system 7 here yet, are they? Are they? 8 MS. HYDE: Phone system? Yes, sir, but it's not 9 been that long. 10 MS. HARGIS: No, we're still -- we're having 11 cleanup, yeah. No, they finally got them -- them tied on. 12 JUDGE TINLEY: Okay. 13 MS. HARGIS: When we moved Juvenile Probation, they 14 went ahead and -- and did all the phones. But the bills kind 15 of lag behind a little bit. 16 COMMISSIONER OEHLER: So, this will be the last 17 bill we get on this? Is that what you're saying? 18 MS. HARGIS: I'm not sure. We're still getting -- 19 JUDGE TINLEY: Good try. 20 MS. HARGIS: Still getting Windstream on the main 21 system here, so I can't tell you that for sure. We're 22 working through them. They give us huge credits on some 23 bills, but we can't take them against other bills. It 24 doesn't make any -- 25 JUDGE TINLEY: What? 4-11-11 85 1 MS. HARGIS: They give us big credits on one -- on 2 a bill, and then they -- but if we take that credit against 3 another one of our bills, that messes them up. So, it's 4 just -- it's a comedy of errors, strange deal where they 5 can't seem to adjust all of our phone bills and make a credit 6 towards all of them. They have to be just to that number. 7 Otherwise, they can't do the accounting, apparently, for that 8 number. So -- 9 JUDGE TINLEY: Well, tell them instead of issuing a 10 credit, send us a check then. 11 MS. HARGIS: They do that now -- are now doing 12 that. 13 JUDGE TINLEY: Okay. That'll solve the problem, 14 won't it, Commissioner? 15 COMMISSIONER BALDWIN: Yes, it will. Page 8, the 16 Comfort Volunteer Fire Department. Which is in what county, 17 Judge? 18 JUDGE TINLEY: That's in Kendall County. 19 COMMISSIONER BALDWIN: Kendall County, yeah. I 20 guess this $907, is this -- have they drawn on their account 21 already once and this is what's left, or what? 22 JUDGE TINLEY: Most probably at least onc't, yeah. 23 COMMISSIONER BALDWIN: Onc't. Or is it already 24 onc't? 25 COMMISSIONER LETZ: It's already onc't. 4-11-11 86 1 COMMISSIONER BALDWIN: So, when they pull out this 2 $907.94, is that total? 3 MS. HARGIS: Without looking at -- 4 COMMISSIONER LETZ: Probably not. 5 MS. HARGIS: -- the account, I don't think so. 6 Usually -- 7 COMMISSIONER BALDWIN: So, they just get theirs a 8 little bit at a time? 9 MS. HARGIS: They all do. 10 COMMISSIONER LETZ: They send in a bill. 11 MS. HARGIS: They usually all get, like, one big 12 large amount, then they forget about it, and then they come 13 running in in September and finish it up. 14 COMMISSIONER BALDWIN: Page 4. And I'm sure this 15 is a typo, but it jumped off the page at me. The second one 16 down, Ms. Hyde, conference travel reimbursements. It says 17 here that it's 2010. 18 MS. HYDE: Part of it's 2010, part of it's 2011. 19 It was all the conferences that I went to for insurance, and 20 the final meeting with the insurance. 21 COMMISSIONER BALDWIN: So, it really is 2010? 22 MS. HYDE: Part of it's '10 and part of it's '11. 23 COMMISSIONER BALDWIN: I understand '11, cause 24 we're in that budget. 25 COMMISSIONER OEHLER: Part of 2010 was too. 4-11-11 87 1 COMMISSIONER BALDWIN: Is '10 in the same budget as 2 '11? Is that this budget year we're in right now? 3 MS. HYDE: Part of it was in June, July, and 4 August, and part of it was in September, October, November. 5 COMMISSIONER BALDWIN: Yeah, 'cause this says June 6 the 10th. So, you went to a conference in June of last year, 7 and you're just now submitting the bills? 8 MS. HYDE: It's not the bills for the conference; 9 it's the bills for mileage. 10 COMMISSIONER BALDWIN: Nevermind, I'm sorry I asked 11 the question. Page 2, the jury fund, about middle way down, 12 those meals. Does Linda pay for those meals and then we 13 reimburse her? 14 MS. HARGIS: She pays for it out of her District 15 Clerk fund, yes. 16 COMMISSIONER BALDWIN: But everybody else we pay 17 directly to the restaurants? Okay, that's fine. That's all 18 the questions I have, Judge. It's probably way too many. 19 JUDGE TINLEY: Page 1, under your mental health, 20 we've got one mental health entry. The rest of them should 21 be Court-appointed civil attorney. All of them except the 22 last one should be Court-appointed civil attorney, and then 23 the last one should be mental health. Somehow, the heading 24 didn't get in there. 25 COMMISSIONER BALDWIN: I see what you're saying, 4-11-11 88 1 mm-hmm. 2 JUDGE TINLEY: Is 405 civil attorneys? 3 MS. HARGIS: No, 405 is the new mental health line 4 item. 5 JUDGE TINLEY: Well, everything -- everything 6 except that last one needs to come out of that one, then. We 7 got a problem we're trying to resolve in that particular 8 budget anyway, because of things not being put in the right 9 place, and I've been working with Ms. Mabry on that. And -- 10 but the only one that goes in mental health is the last one. 11 The rest of them are Court-appointed civil attorney. 12 MS. HARGIS: Okay, let's look and see what they 13 have marked on that one. 14 JUDGE TINLEY: Okay. I don't think I've got a 15 motion yet, do I? 16 THE CLERK: No, sir. 17 COMMISSIONER OVERBY: I had a question on Page 16, 18 just for my clarification. This is on records management, 19 and I guess it's preservation or -- Shred-it. Is this 20 preserving old records, or is this shredding documents? Is 21 that shredding? 22 MS. HARGIS: Shredding documents. We have a 23 contract with a company that comes with a big semi, -- 24 COMMISSIONER OVERBY: Right. 25 MS. HARGIS: -- and they shred -- instead of us 4-11-11 89 1 having to do it ourselves, now they come once -- once a 2 month, I think. 3 MS. HYDE: Once a month. 4 MS. HARGIS: And we all have those little boxes and 5 bags, and they shred everything, and we don't have to 6 separate it or take paperclips or anything off of it. 7 COMMISSIONER OEHLER: They were here this morning. 8 MS. HARGIS: Yeah. 9 COMMISSIONER OEHLER: May still be down there. 10 COMMISSIONER OVERBY: What's the annual cost on 11 that per year? Do you have any idea? 12 MS. HARGIS: Not off the top of my head. 13 JUDGE TINLEY: A whole lot cheaper than us doing 14 the shredding, having to remove all the staples, the 15 paperclips, and having an employee run that through a 16 shredder and then dispose of the -- of the shredded material, 17 and to maintain the continuity. This -- this is a much 18 preferred methodology by -- 19 COMMISSIONER OVERBY: Okay. 20 JUDGE TINLEY: -- contracting that. 21 COMMISSIONER LETZ: Also comes out of a -- 22 MS. HARGIS: Dedicated funds. 23 COMMISSIONER LETZ: Whereas we used to do it 24 ourselves. 25 COMMISSIONER OVERBY: Okay. 4-11-11 90 1 COMMISSIONER LETZ: It came out of our own salaries 2 or manpower. 3 MS. HARGIS: The preservation fund is a dedicated 4 fund; that's all we can do is for record preservation. 5 COMMISSIONER OVERBY: Okay. 6 MS. HARGIS: I think the Court decided a year and a 7 half ago to go with this because we had such a backlog, and 8 we couldn't -- you know, every office did. We couldn't get 9 rid of all the -- so it's allowed us to stay ahead and not 10 have as much paper that needs to be shredded. 11 COMMISSIONER OVERBY: Okay. 12 COMMISSIONER LETZ: And it was the Maintenance 13 workload that -- 14 MR. BOLLIER: Yes. 15 COMMISSIONER LETZ: -- that it helped, 'cause they 16 were the ones having to load all these bags of paper around. 17 MS. HYDE: It helps us with the safety issue as 18 well. 19 MR. BOLLIER: Where they pick up -- we pick up the 20 Shred-it on Thursday afternoon, where we use the sallyport 21 over here, down here on the lower level, they back up to get 22 it. Most of the time that sallyport is probably half full. 23 COMMISSIONER OVERBY: Okay. 24 MR. BOLLIER: And to where if we went back to the 25 old way, we would not shred near what Shred-it does for us. 4-11-11 91 1 COMMISSIONER OEHLER: Wind up in the dump. 2 COMMISSIONER LETZ: And we're green. 3 COMMISSIONER OVERBY: Okay. 4 COMMISSIONER LETZ: We're a green county. 5 MR. BOLLIER: We don't have to touch it, just move 6 it down there. 7 COMMISSIONER OVERBY: I got that. But -- but we do 8 pay 415? 9 MS. HARGIS: Depends on how many bags they pick up. 10 COMMISSIONER OVERBY: Or how big the truck is? 11 MS. HARGIS: It's based on the bag. There are bags 12 and boxes. However many boxes we have, because some people 13 don't put their boxes in every time. It depends on the 14 department. So -- 15 COMMISSIONER OVERBY: Okay. 16 MS. HARGIS: I'll get you the annual cost, though, 17 gentlemen. I just don't have that off the top of my head. 18 COMMISSIONER OVERBY: I appreciate that. Thank 19 you. 20 COMMISSIONER LETZ: More than you ever wanted to 21 know about shredded paper? 22 COMMISSIONER OVERBY: I want to know how it's 23 handled. 24 JUDGE TINLEY: Ask what time it is; we tell you how 25 to build a watch. 4-11-11 92 1 COMMISSIONER OVERBY: That's right. 2 JUDGE TINLEY: Okay, I'm going for a motion, I 3 guess. 4 COMMISSIONER LETZ: Move approval of the bills -- 5 move we pay the bills. That's what it is. 6 COMMISSIONER OEHLER: Second. 7 JUDGE TINLEY: Motion made and seconded to pay the 8 bills. Further question or discussion? All in favor, 9 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: Motion does carry. Any budget 14 amendments? Didn't see any. Any late bills? Didn't hear 15 about any. 16 MS. HARGIS: Late bills? Sorry. 17 JUDGE TINLEY: Wait a minute, here's some late 18 bills. 19 MS. HARGIS: Yeah, we do have some late bills. I'm 20 thinking about inventory. 21 JUDGE TINLEY: Late bills. These are direct 22 payments to Gibsons. 23 MS. HARGIS: Yes. 24 JUDGE TINLEY: For various items and supplies, I 25 presume by Maintenance, $160.15. And to Tetra Tech on the 4-11-11 93 1 wastewater collection, Kerrville South, $2,160. 2 MS. HARGIS: Right. We have a five-day limitation 3 on once the money hits from the state, and so this is -- we 4 already have these funds. We got them actually about 10 days 5 ago, but we just received the invoice. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER LETZ: Move approval. 8 COMMISSIONER OVERBY: I'll second that. 9 JUDGE TINLEY: Motion made and seconded for 10 approval. Question or discussion? All in favor of the 11 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 carries. I've been 16 presented with monthly reports from Kerr County Treasurer for 17 March 2011; Kerr County Payroll for March 2011; Constable, 18 Precinct 3, for February and March 2011; Justice of the 19 Peace, Precinct 3; Justice of the Peace, Precinct 1; County 20 Clerk; Environmental Health; District Clerk; and Justice of 21 the Peace, Precinct 2. Do I hear a motion that these reports 22 be approved as presented? 23 COMMISSIONER OEHLER: Move approval. 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: Motion made and seconded that the 4-11-11 94 1 indicated reports be approved as presented. Question or 2 discussion? All in favor of the motion, signify by raising 3 your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. Reports 8 from Commissioners in connection with their liaison or 9 committee assignments. Commissioner Baldwin? 10 COMMISSIONER BALDWIN: Nothing, other than you saw 11 the Historical Commission this morning. Boy, are we proud of 12 them. 13 JUDGE TINLEY: Commissioner Overby? 14 COMMISSIONER OVERBY: Only one other thing to say 15 here as far as the liaison appointment of Economic 16 Development. I did want the Court to know that I did make a 17 presentation on behalf of the Hill Country Exhibit Center to 18 K.E.D.C. last Thursday, and again, just kind of gave them an 19 update on how that scope of that project might move forward. 20 And right now, we're just looking at that, and we'll see how 21 that proceeds forward. 22 COMMISSIONER BALDWIN: What project? 23 COMMISSIONER OVERBY: Hill Country Exhibit Center, 24 the ag facility. 25 COMMISSIONER BALDWIN: Okay. 4-11-11 95 1 JUDGE TINLEY: Commissioner Letz? 2 COMMISSIONER LETZ: I don't think I have anything. 3 JUDGE TINLEY: Commissioner Oehler? 4 COMMISSIONER OEHLER: No, leave it alone for today. 5 JUDGE TINLEY: Elected officials? Department 6 heads? The Sheriff. 7 MS. HYDE: You want to go first? 8 JUDGE TINLEY: Are you going to defer? 9 SHERIFF HIERHOLZER: Not defer, just let her go 10 first, and then I'll go. 11 JUDGE TINLEY: That's defer. 12 SHERIFF HIERHOLZER: Well, but your definition of 13 "defer" may be till next week. (Laughter.) 14 JUDGE TINLEY: I see. 15 COMMISSIONER OEHLER: You're getting pretty good at 16 reading his mind. 17 SHERIFF HIERHOLZER: I've worked around him long 18 enough. 19 JUDGE TINLEY: He's paying attention, I can tell. 20 COMMISSIONER BALDWIN: Going to get him a new 21 stool. 22 MS. HYDE: The Sheriff and I are working on the 23 policy, so this next Commissioners Court, we should be able 24 to present something to you -- of course, Rob will go over 25 it -- regarding the Kerr County fitness room -- center. One. 4-11-11 96 1 Second thing is, congratulations to Road and Bridge. We 2 completed the first part of our safety training and train the 3 trainers. All personnel, with the exception of two 4 administrative staff, passed the first part, which is space 5 and visibility and safe work methods, with the average of 94 6 percent. Part of it is that they had to get up and actually 7 be able to recite in front of their peers, going out and 8 doing a pre-trip and post-trip and being critiqued, and also 9 doing space and visibility, which is in excess of 250 words 10 that they had to memorize and be able to do in front of their 11 peers. So, we're real proud of them, so just to let you guys 12 know. 13 JUDGE TINLEY: Okay. Sheriff? 14 SHERIFF HIERHOLZER: First off, Buster got to come 15 out and see what's going to be our future garden and fitness 16 center. I'd invite all of y'all out to see that. It's 17 working out pretty well. They'll install water lines 18 sometime in the next week or so. And all the cost of this 19 stuff is being paid for out of inmate commissary, not tax 20 dollars. So, secondly, jail report. We're back up over 150; 21 we were at 153. I've got 41 waiting to go to court out of 22 216th, 35 out of 198th, 41 waiting for County Court at Law, 23 12 parole violators, 13 waiting to go to T.D.C., 3 waiting to 24 go to mental hospitals, and 24 serving time. And what we're 25 seeing gradually is parole violators and T.D.C. people are 4-11-11 97 1 starting to come up. If you add those two together, that's 2 already 25 there, and it's just creeping up. I don't think 3 -- I did speak with Gary Painter, sheriff out of Midland. 4 They just opened a $1.2 million minimum security tent. 5 COMMISSIONER BALDWIN: A what? 6 SHERIFF HIERHOLZER: Tent. 7 COMMISSIONER BALDWIN: A tent? 8 SHERIFF HIERHOLZER: It's made out of vinyl, 9 though. It's got permanent stuff, and they had to add some 10 other stuff. It will hold 72 minimum security inmates. It's 11 in dormitory style. They installed washer and dryer in it 12 where the inmates themselves do their own washing and drying, 13 and it -- it's a permanent facility structure, guaranteed for 14 like 20 years and up to 160 mile-an-hour winds. But it's a 15 permanent facility with everything. But their cost, and even 16 adding extras, is only about 1.2 million. So, at some point 17 when we are starting to look -- and I'd have to look at our 18 internal design and whether or not it's feasible, if we have 19 enough minimum security that would qualify. It could be 20 a lot less expensive than just flat adding onto the facility, 21 if -- if we can get by a number of years with some temporary 22 -- well, 20-year -- I mean, it's a tent, but yet it's -- the 23 Jail Commission has said that one's a permanent type tent, 24 where they do it the same as everything else. 25 COMMISSIONER OVERBY: You said it's designed to 4-11-11 98 1 withstand what type of wind? 2 SHERIFF HIERHOLZER: 160 mile-an-hour winds. 3 COMMISSIONER OVERBY: Gosh. 4 COMMISSIONER BALDWIN: What about temperature 5 control and lighting? 6 SHERIFF HIERHOLZER: It's got all that in it. 7 COMMISSIONER BALDWIN: Huh? 8 SHERIFF HIERHOLZER: It's got all that in it. It's 9 a permanent-type facility. 10 COMMISSIONER OVERBY: Give them a cot. 11 SHERIFF HIERHOLZER: He added extra things, and he 12 said the -- the base cost for just doing one and having 13 everything in it you need, and for his to house 72 inmates 14 would have been 900,000, which is a whole lot cheaper than 15 what we've been looking at just to add on. 16 JUDGE TINLEY: What kind of warranty did they get 17 on the washers and dryers? 18 SHERIFF HIERHOLZER: That's a good question. Only 19 thing is, his -- and I really couldn't tell you on that. The 20 only issue you're going to have, of course, it's off-site; 21 it's out the back, so they haul meals over to it. It doesn't 22 have, you know, its own kitchen. And then plus the -- the 23 staffing is higher, because it's direct -- you have to have 24 staff inside the cell areas 24 hours, 7 days a week, so each 25 separate cell area in there takes an individual 24 hours a 4-11-11 99 1 day. So, I think you have to look at all the different 2 staffing levels and -- and that too, but it may be a -- may 3 be something we should explore, at least. Might go up and 4 look at it before we go -- 5 COMMISSIONER BALDWIN: Pink underwear. 6 SHERIFF HIERHOLZER: That's it. 7 COMMISSIONER OVERBY: What community was that? 8 SHERIFF HIERHOLZER: Midland. Midland County. 9 COMMISSIONER BALDWIN: Fantastic. 10 JUDGE TINLEY: Any other elected officials? 11 Department heads? Okay. We will go out of public or open 12 session at 11:20 for the purpose of going into executive or 13 closed session. 14 (The open session was closed at 11:20 a.m., and an executive session was held, the transcript of which 15 is contained in a separate document.) 16 - - - - - - - - - - 17 JUDGE TINLEY: Okay. We are back in -- in open or 18 public session at 11:54. As to item 14, do I hear any member 19 of the Court have anything to offer in connection with that 20 particular item? 21 COMMISSIONER OEHLER: Which one is 14? 22 COMMISSIONER LETZ: Yours, the constable. 23 COMMISSIONER OEHLER: That's the constable one? 24 Yes, Judge. Before I make a -- make a motion here, I'd like 25 to say that we have eight people that put in for -- to be 4-11-11 100 1 appointed for constable. Every one of them is qualified, 2 good resumés, and I look forward to seeing a lot of people 3 get on the ballot for the March primary, which is only 11 4 months away, to let the voters decide. But we -- you know, 5 we really need to make this appointment because of the 6 vacancy and the job that needs to be done during this time 7 between now and -- and the primary and the general election. 8 But the names -- I'll read the names off in case some -- I 9 know the press probably doesn't have all of them. But Mark 10 Myers is one, Mike Gulledge, Everett Alexander, Gene 11 Huffaker, Dennis Land, Bobby Johnson, Tim Coppinger, and 12 William Thomas were the people that put in to be appointed, 13 and I thank you for your time to do that and taking -- making 14 the effort to put resumés together and bring them down here. 15 We talked about this in executive session a while ago, and 16 there are things that need to be done during this time, and 17 one of them will be working school zone, working papers, 18 doing the primary job of a constable, and so I'm going to 19 make a motion that -- that we appoint Gene Huffaker for an 20 unexpired term until the next general election, which will be 21 November. 22 JUDGE TINLEY: I hear a motion. Do I hear a 23 second? 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: We have a motion and a second to 4-11-11 101 1 appoint Gene Huffaker. Any question or discussion on the 2 motion? 3 COMMISSIONER LETZ: Only comment I'll make on the 4 motion, I think it's an unexpired term, but to whatever the 5 state law requires. 6 COMMISSIONER OEHLER: Yeah. Till the next general 7 election, I believe. 8 JUDGE TINLEY: That's what the statute provides. 9 In essence, until the successor is elected at the next 10 general election, -- 11 COMMISSIONER OEHLER: Right. 12 JUDGE TINLEY: -- I believe is the way that works. 13 All right. Elected and qualified, takes office. Yeah. 14 COMMISSIONER OEHLER: There you go. 15 JUDGE TINLEY: Further question or discussion? All 16 in favor of the motion, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: That motion does carry. As to item 21 15, litigation in Precinct 4 relating to William Vlasek 22 property, any member of the Court have anything to offer in 23 connection with that item? 24 COMMISSIONER OEHLER: Should we -- yes. I'll move 25 that we ask our counsel to dismiss the lawsuit against 4-11-11 102 1 Mr. Vlasek that we had -- 2 JUDGE TINLEY: The pending litigation that Kerr 3 County filed? 4 COMMISSIONER OEHLER: Right. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: That dismissal will be without 7 prejudice? 8 COMMISSIONER OEHLER: That's correct. 9 JUDGE TINLEY: So, I have a motion and a second. 10 Question or discussion on that motion? All in favor of the 11 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: That motion does carry. With regard 16 to Item 17, action with respect to the pending L.C.R.A. CREZ 17 litigation, any member of the Court have anything to offer 18 with respect to that? 19 COMMISSIONER BALDWIN: I move that Kerr County 20 participate with a $5,000 -- the appropriate funding to be 21 $5,000. 22 JUDGE TINLEY: Capped at 5,000? 23 COMMISSIONER BALDWIN: Capped at 5,000. 24 JUDGE TINLEY: The appeal in district court? 25 COMMISSIONER BALDWIN: Yes, sir. And I want to 4-11-11 103 1 make a statement to the effect that if -- if we don't see 2 significant movement in this thing, this will be my last time 3 to participate in any money. 4 JUDGE TINLEY: I have a motion. Do I hear a 5 second? 6 COMMISSIONER OEHLER: I'll second it. 7 JUDGE TINLEY: We have a motion and a second. 8 Question or discussion on the motion? 9 COMMISSIONER OEHLER: And I also will say that this 10 is very hard to do, because I don't want to be throwing money 11 down a hole. This is -- you know, we're in a tight budget 12 year, and I know that our constituents depend on the fact 13 that we -- they want us to fight. Some of them do; some of 14 them don't. But I do feel like it's important that we stay 15 in the game to this level. But this is it, as far -- unless 16 there is some real progress made somehow or another that 17 gives us some hope that what should have been done would have 18 been done in the beginning. 19 COMMISSIONER LETZ: Just a brief comment. I mean, 20 I voted against joining this litigation, and I'll vote 21 against this part of it, but after that I'll look at it as 22 kind of a clean slate and try to work with the rest of the 23 Court on, you know, trying to resolve it. But this is kind 24 of the second step of the last motion you made regarding this 25 matter. 4-11-11 104 1 JUDGE TINLEY: Further question or discussion on 2 the motion? All in favor of the motion, signify by raising 3 your right hand. 4 (Commissioners Baldwin, Overby, and Oehler voted in favor of the motion.) 5 JUDGE TINLEY: All opposed? 6 (Commissioner Letz voted against the motion.) 7 8 JUDGE TINLEY: That motion does carry. Anything 9 else to come before the Court for this particular meeting, 10 gentlemen? We'll be adjourned. 11 (Commissioners Court adjourned at 12:01 p.m.) 12 - - - - - - - - - - 13 14 STATE OF TEXAS | 15 COUNTY OF KERR | 16 The above and foregoing is a true and complete 17 transcription of my stenotype notes taken in my capacity as 18 official reporter for the Commissioners Court of Kerr County, 19 Texas, at the time and place heretofore set forth. 20 DATED at Kerrville, Texas, this 14th day of April, 2011. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 4-11-11