1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, May 2, 2011 11 1:00 p.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 May 2, 2011 2 PAGE 3 1.6 Consider/discuss, take appropriate action regarding proposed legislation affecting 4 judicial districts that encompass Kerr County 3 5 1.1 Consider/discuss, take appropriate action to allow Maintenance Department to trade in Bobcat 6 skid steer and Cub Cadet mower 8 7 1.2 Consider/discuss, take appropriate action to allow Maintenance Department to purchase equipment 8 using funds received from sale and trade-in of old equipment 8 9 1.4 Consider/discuss, take appropriate action to 10 sign lease for Ingram Annex Office 15 11 1.5 Consider/discuss, take appropriate action to enter an order declaring a public purpose and 12 necessity for acquisition of .004 acre temporary construction easement out of a 6.8 acre tract 13 for the Arrowhead Road improvement and low-water bridge construction project, which includes street 14 reconstruction along Arrowhead Road, as well as reconstructions of low-water bridge and other 15 improvements to reduce flooding and alleviate safety concerns for human life, and authorizing 16 institution of condemnation proceedings to acquire those land rights. (Executive Session, as needed) 18 17 1.3 Consider/discuss, take appropriate action on 18 proposed Interlocal Agreements with City of Kerrville for various services and/or operations 26 19 --- Adjourned 48 20 21 22 23 24 25 3 1 On Monday, May 2, 2011, at 1:00 p.m., a special meeting 2 of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 (Judge Tinley was not present.) 7 COMMISSIONER BALDWIN: I want to call to order this 8 Commissioners Court meeting today at 1 p.m., Monday, May the 9 2nd, 2011, Commissioners Courtroom in the Kerr County 10 Courthouse. This is a special Commissioners Court agenda, 11 and we're going to get right to it, and we're going to start 12 with Item 1.6. Consider, discuss, and take appropriate 13 action regarding proposed legislation affecting judicial 14 districts that encompass Kerr County. That would be 15 Commissioner Oehler and Rob Henneke, Kerr County Attorney. 16 COMMISSIONER OEHLER: I'm going to let Rob take 17 over. He's the one that kind of -- 18 COMMISSIONER BALDWIN: Mr. Henneke? 19 COMMISSIONER OEHLER: -- talked to me about this, 20 thought we ought to discuss it. 21 MR. HENNEKE: Yes. I think I let you know last 22 week that there's a -- well, and I think you're generally 23 aware, since either the Mason or Menard County Judge came and 24 visited with y'all back in November or December, that there's 25 been legislation -- various pieces of legislation proposed 5-2-11 4 1 that would affect the composition of the judicial districts, 2 and I became aware last week that there's a House Bill filed 3 by Representative Gallego which would add -- it's been passed 4 out of committee and it's been put on -- or referred to the 5 local and consent calendar, which is the way to fast-track 6 legislation through the House. The bill would add Edwards 7 County to the 198th District -- District Court. Originally, 8 the bill, as filed, would move Edwards to some other judicial 9 district, but when they amended it in committee, they made it 10 to move Edwards to the 198th. And, to my knowledge, there's 11 not been -- since we had the County Judge from either Mason 12 or Menard County -- 13 COMMISSIONER BALDWIN: Menard. 14 MR. HENNEKE: -- Menard County come visit with you 15 gentlemen last year, there's never been any discussion about 16 any issues that would affect the judicial districts that 17 serve Kerr County. And, of course, my advice would be that 18 if there ever is, y'all should be, you know, advised and have 19 a chance to have input on that, on those issues. And I just 20 wanted to bring it to your attention, that it is a new bill 21 that's out there that would add a sixth county to the five 22 that already exist. 23 COMMISSIONER LETZ: Rob, should I take this all to 24 mean that the -- the legislation that Menard County kind of 25 worked on, some of the stuff we heard about, about splitting 5-2-11 5 1 the 198th or kind of redoing things is dead, and they've 2 decided now they're going to enlarge the 198th? Is that kind 3 of -- I mean, seems kind of like it's going the opposite 4 direction of where I thought the plan was to go. 5 MR. HENNEKE: I don't know. And I guess -- 6 JUDGE EMERSON: I might be able to shed some light 7 on that. There was a meeting about a month ago with all five 8 of the county judges from the 198th plus Edwards County where 9 this proposition was laid out, and because of the fiscal 10 note, nobody thinks the 440th is going to take place, number 11 one. And number two, everybody's in agreement, all the 216th 12 counties and the 198th counties, that there needs to be a -- 13 a larger regional plan for how to redistrict for efficiency. 14 And I think everybody's looking down the road two years from 15 now, trying to put together a comprehensive plan that'll 16 address all of the needs. 17 COMMISSIONER LETZ: And adding Edwards helps 18 facilitate that in two years? Makes it easier to do that in 19 two years, possibly? 20 JUDGE EMERSON: Well, maybe or maybe not, but what 21 was originally proposed by Representative Gallego was that 22 Edwards County -- the short version based on that meeting is 23 that Edwards County's attached to Val Verde, and Edwards 24 County's getting lost in the border war because of everything 25 going on in Val Verde, and they're essentially not getting 5-2-11 6 1 any service, because all the resources are tied up in Val 2 Verde. And they're not faulting any of the elected 3 officials. They're just saying, you know, given the mag -- 4 the volume of things happening down there, we're minuscule. 5 So, Gallego's proposed to add them to the 83rd district, 6 which basically puts them out of Pecos. They approached -- 7 my understanding is they approached the county judges in the 8 198th and said, "If we're going to be moved, we're next to 9 you, we're homogenous with you. We have the same type 10 populations, the same type statistics. You know, we're 11 agricultural-based just like you are, and we would like to 12 join your district." And that's how we ended up where we are 13 now. 14 COMMISSIONER LETZ: Okay. 15 JUDGE EMERSON: I can tell you, based on the volume 16 of their litigation, they essentially don't have anything 17 that I'm aware. They're probably comparable to Menard as far 18 as volume of litigation, and we can add them to the district 19 with no noticeable effect. 20 COMMISSIONER OEHLER: You feel like you can handle 21 the case load here and all the rest of the -- the other 22 counties within the district, and also add Edwards, and that 23 would -- that would be okay? 24 JUDGE EMERSON: Absolutely. And it was 25 communicated at that meeting that even though the pie's going 5-2-11 7 1 to be cut smaller, Kerr County's part of the pie will not be 2 cut smaller. It's going to come out of the other counties. 3 And the other four counties all understood that and all 4 agreed to it. 5 COMMISSIONER LETZ: Okay. So, we don't need any 6 action today? 7 MR. HENNEKE: No action. It was just something I 8 became aware of and wanted y'all to be aware of the same, 9 since it potentially could, but apparently is not, you know, 10 going to impact Kerr County. And the only way to do that is 11 to bring it up in a public meeting. 12 COMMISSIONER OEHLER: Well, I also asked Rex a 13 while ago if it was -- if he would still be able to help with 14 the 216th, a lot of those cases that are -- if Keith decides 15 to pass them off, so he can get some assistance, 'cause the 16 216th seems to be where the big -- big load is, the biggest 17 load. And so he assured me that he would continue to do what 18 he -- what he could to help 216th, some of our prisoners in 19 jail. So, I'm glad. I didn't have any idea this was going 20 on. I didn't know if anybody else did, but it was kind of a 21 surprise. I thought we all needed to know about it, so 22 that's why I put it on the agenda. 23 COMMISSIONER OVERBY: That's -- 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER BALDWIN: Any other questions or 5-2-11 8 1 anything? Okay. Thank you, sir. Thank you, Rex. 2 JUDGE EMERSON: Thank y'all. 3 MR. HENNEKE: Thank you, Rex. 4 COMMISSIONER BALDWIN: Let's go back to Item 1.1; 5 consider, discuss, take appropriate action to allow 6 Maintenance Department to trade in Bobcat skid steer and Cub 7 Cadet mower. Tim Bollier. Mr. and Mrs. Bollier's little 8 boy, Timmy. 9 MR. BOLLIER: I would like -- can we do both of 10 those together, Commissioner Baldwin? 11 COMMISSIONER BALDWIN: Item 1.2; consider, discuss, 12 and take appropriate action to allow Maintenance Department 13 to purchase equipment using funds received from sale of -- 14 and trade-in of old equipment. Mr. Bollier. 15 MR. BOLLIER: Yes, sir. The equipment on GovDeals 16 that we had sold came to a total of $22,790, and the new 17 equipment with trade-in of the Cub Cadet and the old Bobcat 18 skid steer would be $9,300 more to that, and the trade-in 19 value totaling 22,179. That would be just for the skid steer 20 and the six-way blade. We would come up -- it would be 21 22,179, what we would pay in, and we would have a savings of 22 $611. But now, then, I would like to purchase in here a new 23 UTV, which is a utility terrain vehicle. And if we do that, 24 the skid steer and the six-way blade and the UTV, we would 25 come out of -- we would have to pay out-of-pocket $5,875. 5-2-11 9 1 And that's what I would like to do. 2 COMMISSIONER LETZ: Run over that -- now, first, I 3 thought somewhere along the line that the Sheriff thought 4 that he may want the skid steer. He doesn't want the skid 5 steer? 6 MR. BOLLIER: No, he wants the ATV, the Gator. 7 SHERIFF HIERHOLZER: I'd be interested in the skid 8 steer, but the Gator was what I was offering. 9 COMMISSIONER LETZ: Okay. You want the Gator, 10 okay. 11 MR. BOLLIER: I plan on doing that later, 12 transferring that. If you guys -- 13 COMMISSIONER LETZ: Go over your numbers again, 14 please. 15 COMMISSIONER OEHLER: Yes, the numbers. 16 MR. BOLLIER: Numbers again, okay. With just the 17 Bobcat, just the new skid steer and the six-way blade, it's 18 $22,179. 19 COMMISSIONER OVERBY: The trade-in was 22,790? Is 20 that what you got there? Is that what you -- 21 MR. BOLLIER: The stuff on GovDeals was $22,790. 22 COMMISSIONER OVERBY: Got it. 23 MR. BOLLIER: Okay? So if we just -- if we just go 24 with the skid steer and the six-way blade, it's going to be 25 $22,179, with a savings of $611. 5-2-11 10 1 COMMISSIONER OVERBY: Okay. 2 MR. BOLLIER: That's what we'll keep. But, you 3 know, then if we go ahead and get the UTV with the skid 4 steer, six-way blade, we will have to pay out of pocket 5 $5,875. 6 COMMISSIONER OEHLER: Do you need a six-way blade? 7 MR. BOLLIER: Sure would be nice. 8 COMMISSIONER OVERBY: For what? 9 MR. BOLLIER: Indoor arena, keep it level. 10 COMMISSIONER OEHLER: I thought they did that with 11 a grader. 12 MR. BOLLIER: They do that once a year. But, you 13 know, if you want to take that six-way blade off, I'm not -- 14 you know, whatever makes the Court happy. I mean, that would 15 just save Road and Bridge some time. Once a year, they come 16 over and -- usually between the 15th and 20th of December, 17 and level that arena before the stock show. 18 COMMISSIONER LETZ: Is it a laser leveler? 19 MR. BOLLIER: No, sir, it's just like a bulldozer 20 blade. It's just -- it goes like this, and it goes six 21 different ways; sideways, up and down. The blade tilts. 22 COMMISSIONER OEHLER: I don't know about that. 23 COMMISSIONER LETZ: I would go on GovDeals and look 24 for a laser leveler, 'cause I think -- I mean, my experience 25 with skid steers, they rock a lot, and it's hard to get 5-2-11 11 1 things real level, 'cause it's like you -- 2 COMMISSIONER OEHLER: Too short. 3 COMMISSIONER LETZ: Yeah. But if you get the laser 4 attachment to it, that will automatically -- you set up that 5 one station; then you can get the exact grade you want, and 6 you can do that. But -- 'cause the laser's a whole lot 7 quicker than you. 8 COMMISSIONER OEHLER: That's good. 9 COMMISSIONER LETZ: But -- 10 MR. BOLLIER: Okay. 11 COMMISSIONER OEHLER: So, where are you going to 12 get the money to pay for this additional equipment that you 13 -- 'cause we didn't budget that, far as I know. 14 COMMISSIONER LETZ: How much is a six-way blade? 15 MR. BOLLIER: I knew you was going to ask that; I 16 got it in my hand. $3,032. 17 COMMISSIONER OVERBY: 3,000? 18 MR. BOLLIER: So, if I put it down -- we would 19 still probably be paying out-of-pocket somewhere -- we'd be 20 paying out of pocket somewhere around 3,000 and some change, 21 or something like that. 22 COMMISSIONER LETZ: You got how much in your 23 budget? No, we don't need to go with capital. 24 COMMISSIONER OEHLER: You ought to be able to come 25 up with that much money out of your budget. 5-2-11 12 1 (Low-voice discussion off the record.) 2 MR. BOLLIER: I got enough money in the budget. 3 COMMISSIONER OEHLER: What'd he say? 4 COMMISSIONER LETZ: He has enough money in the 5 budget. 6 COMMISSIONER OEHLER: He has enough money in the 7 budget. We need to look closer at his budget. 8 MR. BOLLIER: We're subtracting the six-way blade 9 off there, so all we're going to go with is the skid steer 10 and the ATV, right? And then later on, I'll transfer that 11 old -- 12 COMMISSIONER LETZ: ATV? Is it like a -- I mean, 13 is it like a Ranger, something with a bed on it? 14 MR. BOLLIER: It's smaller. 15 COMMISSIONER LETZ: But, I mean, it's not -- 16 MR. BOLLIER: It's very similar, yet -- 17 COMMISSIONER LETZ: -- not a four-wheeler? We're 18 talking about something with a bed? 19 MR. BOLLIER: Yes, sir, very similar. 20 COMMISSIONER OVERBY: Tim, how old was the 21 equipment that we traded in here? How old was it? How long 22 -- how much longevity are you getting the equipment? Are you 23 getting six -- five, six, 10 years? How long are you getting 24 out of the equipment? 25 MR. BOLLIER: We should -- 5-2-11 13 1 COMMISSIONER OVERBY: Longer? 2 COMMISSIONER OEHLER: Longer. 3 MR. BOLLIER: Longer. 4 COMMISSIONER OVERBY: Good. Good to take care of 5 it and use it that way. Great. 6 MR. BOLLIER: Right. 7 COMMISSIONER OEHLER: Those tractors, one of 8 them -- what was that -- this little Ford that used to be 9 Buttons', how big was that? How big was it? 10 MR. BOLLIER: That tractor's been here since the 11 '80's. That was the first tractor that they ever bought for 12 Buttons out there, and I guess Buttons started in the 13 early -- middle part of the '80's out there, '84, something 14 like that. Over 20-plus years. 15 COMMISSIONER OEHLER: Then this old Ford, the 16 bigger Ford tractor, it was a '60-something model too, wasn't 17 it? 18 MR. BOLLIER: Yes, sir. 19 COMMISSIONER OEHLER: It was even older. 20 MR. BOLLIER: Even older. 21 COMMISSIONER OEHLER: I think '70's. 22 MR. BOLLIER: Mm-hmm. 23 COMMISSIONER OVERBY: That's good. 24 MR. BOLLIER: I think that one's a '72 or something 25 like that. 5-2-11 14 1 COMMISSIONER LETZ: So, you're going to get a new 2 ATV and a new skid steer, and the funds will come from 3 everything you've traded in or sold? 4 MR. BOLLIER: Yes, sir. 5 COMMISSIONER LETZ: For $2,800, and that's coming 6 out of your budget? 7 MR. BOLLIER: Yes, sir. 8 COMMISSIONER LETZ: Move approval. 9 COMMISSIONER OVERBY: I'll second. 10 COMMISSIONER BALDWIN: Motion and second. All in 11 favor, please say "aye." 12 (The motion carried by unanimous vote.) 13 MR. HENNEKE: Now, does -- 14 COMMISSIONER BALDWIN: None opposed. 15 MR. HENNEKE: Excuse me. 16 COMMISSIONER BALDWIN: Go ahead. 17 MR. HENNEKE: Does Tim need to come back Monday 18 with a budget amendment to be able to move the money around 19 to do that? Or it's already -- 20 MR. BOLLIER: I will have to -- I will probably 21 have to make a budget amendment in my 569 to come up with 22 that. 23 MR. HENNEKE: Okay. 24 COMMISSIONER LETZ: You'll have to do that. I 25 mean, you will have to do a budget amendment to get the money 5-2-11 15 1 so you can spend it. 2 MR. BOLLIER: Exactly. 3 COMMISSIONER LETZ: So, yeah. The answer to the 4 question is yes. 5 MR. BOLLIER: Yes. Yes. But, I mean, I can still 6 order the equipment. I mean, it's going to take a while to 7 get it here; I can go ahead and do that, but I got the money. 8 Thank you. 9 COMMISSIONER OVERBY: Thank you. 10 COMMISSIONER BALDWIN: Item 1.3; consider, discuss, 11 and take appropriate action on proposed interlocal agreements 12 with the City of Kerrville for various services and/or 13 operations. 14 COMMISSIONER LETZ: Commissioner? 15 COMMISSIONER BALDWIN: Commissioner Letz. 16 COMMISSIONER LETZ: The Judge called me a few 17 minutes ago on the way into the meeting, and he is leaving 18 San Antonio, will be here about 2 o'clock, and has requested 19 that we hold off on this item if possible. 20 COMMISSIONER BALDWIN: Darn, I thought we'd get 21 through it real quick. Item 1.4; consider, discuss, and take 22 appropriate action to sign a lease for the Ingram Annex 23 office. Commissioner Oehler? 24 COMMISSIONER OEHLER: Well, this is up in the air. 25 Evidently, Mr. Priour had agreed verbally to me that that was 5-2-11 16 1 fine, to change it to the 30 -- 30-day, month-to-month, and 2 60-day notification, but he has evidently changed his mind on 3 the amount that he wants for the lease. And so I think that 4 we need to make him an offer. He's wanting something like -- 5 he's saying 1,100 a month; that's $300 a month increase, 6 which we just -- it's not budgeted. And I'm -- I visited 7 with the Judge just briefly on the phone the other day, and 8 he said, well, maybe we need to -- need to offer him a 9 one-year lease with a 60-day notification after the year, and 10 see what he says. Because there's -- there are things that 11 are wrong with that building that, if we're going to pay more 12 money, he's going to have to do some -- some repair work to 13 that thing. 14 COMMISSIONER OVERBY: Right. 15 COMMISSIONER OEHLER: But we could probably make it 16 work for another year if he'd keep the lease the same. 17 COMMISSIONER LETZ: It's going to take that long to 18 do anything else anyway. 19 COMMISSIONER OEHLER: Yeah, that's what I'm 20 thinking. And I just kind of wanted some direction from the 21 Court of what your thoughts were, and so that whenever I meet 22 with him, I can have some ideas. 23 COMMISSIONER OVERBY: I support a one-year lease, 24 and the amount that we originally intended that we were going 25 to budget for. 5-2-11 17 1 COMMISSIONER OEHLER: Right. 2 COMMISSIONER OVERBY: That will give us time to 3 look at what needs to be done to help improve the building. 4 COMMISSIONER OEHLER: It will take -- nothing's 5 going to happen out there for probably a year anyway, till 6 we're -- you know, if anything does wind up happening, which 7 I hope it does. But is that okay with everybody, to present 8 that to him and see what he says? We've got a little bit of 9 time. We can get it back on the agenda for the 11th. 10 COMMISSIONER LETZ: Why don't we just go ahead and 11 offer that? That way you don't have to bring it back. 12 COMMISSIONER OEHLER: We'll offer it and see if 13 he'll sign it. 14 COMMISSIONER OVERBY: We can do -- 15 COMMISSIONER BALDWIN: Do you want to do it in a 16 court order? 17 COMMISSIONER OEHLER: Yes. I move that we sign a 18 lease agreement with Jimmy Priour, who owns the annex in 19 Ingram, for one year, and after the one year, month-to-month, 20 with 60-day notification. 21 COMMISSIONER LETZ: At the same lease rate? 22 COMMISSIONER OEHLER: Same rate, $800 a month. 23 COMMISSIONER OVERBY: Is it 800? 24 COMMISSIONER OEHLER: 800 a month is what we pay. 25 COMMISSIONER BALDWIN: We have a motion. Do I hear 5-2-11 18 1 a second? 2 COMMISSIONER LETZ: Second. 3 COMMISSIONER BALDWIN: Motion and second. All in 4 favor, please raise your right hand. 5 (The motion carried by unanimous vote.) 6 COMMISSIONER BALDWIN: None opposed. Das gut. 7 Item 1.5 -- y'all get you a cup of coffee. Consider, 8 discuss, and take appropriate action to enter an order 9 declaring a public purpose and necessity for the acquisition 10 of a 0.004-acre temporary construction easement out of a 11 6.8-acre tract described in Volume 1672, Page 173, of the 12 official public records of Real Property of Kerr County, 13 Texas, for the public purpose of the Arrowhead Road 14 improvement and low-water bridge construction project, which 15 includes street reconstruction along Arrowhead Road, as well 16 as reconstruction of the low-water bridge along Arrowhead 17 Road, and other improvements to reduce flooding and alleviate 18 safety concerns for human life along Arrowhead Road, and 19 authorizing the institution of condemnation proceedings to 20 acquire those land rights. This may be called as an 21 executive session item. Mr. Henneke, do you want to move 22 forward with this in open session? 23 MR. HENNEKE: Well, if there's any questions that 24 you gentlemen have for me, we can go into executive session 25 now, or at any time. Just as an update, the -- we met a week 5-2-11 19 1 ago. We received correspondence from Mr. Schulte, who 2 represents Dr. McCubbin and is here in the courtroom. The 3 Court's direction last Monday was that we were to make an 4 offer to Dr. McCubbin that he would have until last Friday to 5 sign the temporary construction license agreement on the 6 TexDOT form as it was submitted, without any changes, or that 7 we would proceed forward with condemnation proceedings 8 pursuant to Chapter 21 of the Texas Property Code. I have 9 not received any -- the license signed. I did receive a 10 follow-up letter from Mr. Schulte on Wednesday or Thursday of 11 last week, which I've shared with the Court, and I've also 12 shared with the Court my response to Mr. Schulte, which is 13 consistent to your direction on Monday. And should then the 14 Court continue to proceed forward as it said it would, it 15 needs to adopt the order that's attached as backup to this 16 agenda item to declare the public purpose and to proceed 17 forward with legal formalities for the condemnation 18 proceedings. So, in order to proceed forward, it's necessary 19 that the Court vote to approve the -- and adopt the order 20 that I've submitted for your review. And I'm sure 21 Mr. Schulte has something he wishes to address, but that's 22 where we we're at. I haven't gotten anything that y'all 23 specified I was to receive, and so we're here ready for the 24 next step. 25 COMMISSIONER BALDWIN: Okay. We do have a public 5-2-11 20 1 participation form from Mr. Schulte. If you'll come to the 2 podium, please, sir, and give us -- for the record, give us 3 your name and address, please. 4 MR. SCHULTE: My name is Steve Schulte. My address 5 is 820 Main Street, Kerrville, Texas, 78028. I'm here on 6 Dr. McCubbin. As the Commissioners know, there are two 7 property owners that are affected, Dr. Killian and 8 Dr. McCubbin. They have the property on the highway side of 9 the river. One's -- if you're coming down towards the 10 bridge, Dr. McCubbin's on the right; Dr. Killian's on the 11 left. The County has requested temporary license for both of 12 those parties. It's my understanding that Dr. Killian has 13 reached, or is about to reach, a license agreement with the 14 County. It contains three -- three some-odd pages. I've 15 seen the draft. It contains a number of protections for 16 Dr. Killian's property, contains insurance provisions, that 17 sort of thing. Dr. McCubbin is willing to enter in the exact 18 same license agreement as reached with Dr. Killian, 19 word-for-word. The only thing that would need to be changed 20 is the -- is the property description. There isn't any 21 reason to differentiate between the two property owners. 22 They're in the exact same situation. If you're willing to 23 work -- provide those protections for one property owner, I 24 think the County, to be consistent, ought to give the same 25 considerations to the adjacent property owner. Dr. McCubbin 5-2-11 21 1 doesn't want to be sued. He doesn't want to get into a 2 lawsuit with the County. It's a waste of everybody's money 3 and resources. He wants the same deal that Dr. Killian has 4 negotiated with the County. I'd be happy to answer -- 5 COMMISSIONER OEHLER: You have a guarantee from 6 Dr. McCubbin that he will sign if we agree on the very exact 7 same thing that Dr. Killian presented to us to agree to? 8 MR. SCHULTE: He will reach the same deal that 9 Dr. -- and, like I said, I've seen -- I haven't seen the 10 final draft, so I don't know exactly what's in there. I know 11 that Mr. Henneke has made some revisions, and I don't know 12 what those are, but the last draft that I saw, he will sign 13 it. 14 COMMISSIONER OEHLER: The only thing that I know 15 different from the original to this one -- and correct me if 16 I'm wrong, Rob -- is that there were some -- there were going 17 to be some safeguards, some 2-by-4's strapped around the 18 cypress trees that would -- 19 MR. SCHULTE: Right. 20 COMMISSIONER OEHLER: -- possibly be -- you know, 21 could be damaged, and the other being that he would be added 22 as an additional insured on the liability insurance of the 23 contractor. 24 MR. SCHULTE: That's my understanding of what is in 25 the agreement. 5-2-11 22 1 COMMISSIONER OEHLER: So, you assure us -- I've 2 been dealing with Dr. McCubbin a long time. 3 MR. SCHULTE: I understand. 4 COMMISSIONER OEHLER: And I have been told a lot of 5 different things on a lot of different occasions, and this 6 has to move forward. 7 MR. SCHULTE: I understand. 8 COMMISSIONER OEHLER: And so if you can assure us 9 that that is the case, that he will sign that if we agree to 10 it, then I will be supportive of that. 11 MR. SCHULTE: Okay. 12 COMMISSIONER OEHLER: But that needs to be done 13 very quickly. 14 MR. SCHULTE: It will be done this week, if we have 15 -- if we have it. As soon as we have it. 16 MR. HENNEKE: I hate to do this, but, you know, I 17 may need to brief the Court under 551.071 of the Open 18 Meetings Act to confer with an attorney, just to make sure 19 we're all on the same page. And I'm -- I'm glad to do that 20 if the Court wants to go into a short executive session. 21 COMMISSIONER LETZ: The question I had, also, and 22 maybe -- I think you can answer this, Rob, in open session. 23 My recollection is that the part of the -- the arrangement 24 with -- 25 COMMISSIONER OEHLER: Killian. 5-2-11 23 1 COMMISSIONER LETZ: -- Dr. Killian related to his 2 property was different. It was different -- it was impacted 3 differently. 4 MR. SCHULTE: There's more of it. 5 COMMISSIONER LETZ: They're talking about a road or 6 a gate or fencepost or stuff like that, which didn't make any 7 sense to include any of that, because that has nothing to do 8 with Dr. McCubbin's property. I mean, there's -- am I -- 9 COMMISSIONER OEHLER: You're right. 10 COMMISSIONER LETZ: Okay. Just making sure I 11 wasn't hallucinating last week. 12 COMMISSIONER OEHLER: No, the fence doesn't have 13 anything to do with Dr. McCubbin. It's all on Killian's -- 14 MR. HENNEKE: Same with the tree. 15 COMMISSIONER LETZ: The tree? 16 MR. SCHULTE: Well, there's trees on Dr. McCubbin's 17 property, and there's a fence on Dr. -- well -- 18 COMMISSIONER OEHLER: It's actually Killian's. 19 MR. SCHULTE: It's actually -- you're right. It's 20 Killian's property, but Dr. Killian has provided a gate to 21 use to access the well, and that's what he relies upon for 22 access. That's why he was concerned about that. 23 COMMISSIONER OEHLER: That fence on that side will 24 not even be touched. 25 MR. HENNEKE: The tree's on Dr. Killian's land as 5-2-11 24 1 well. 2 COMMISSIONER OEHLER: Right. 3 MR. HENNEKE: There's nothing in that 157 square 4 feet. There's not a fence; there's not a tree. 5 COMMISSIONER OEHLER: Yeah. I don't think there's 6 even a tree that's even within -- within the temporary 7 easement. 8 MR. HENNEKE: It's on the Killian side. 9 COMMISSIONER OEHLER: Yeah. 10 COMMISSIONER BALDWIN: Mr. Oehler, would you like 11 to go into executive session? 12 COMMISSIONER OEHLER: Probably be a good idea. 13 COMMISSIONER BALDWIN: We're going to recess this 14 Commissioners Court meeting and go into executive session. 15 (The open session was closed at 1:31 p.m., and an executive session was held, the transcript of which 16 is contained in a separate document.) 17 - - - - - - - - - - 18 COMMISSIONER BALDWIN: Okay. We're out of 19 executive session back in open session. It is 1:44. Is 20 there any action to be taken or any comments to be made on 21 1.5? 22 COMMISSIONER OEHLER: Just a comment. We're going 23 to put this back on the agenda -- or I will, for Monday, in 24 its exact form. And between now and Monday, I would 25 recommend that any changes to be made with any kind of -- 5-2-11 25 1 excuse me -- temporary license agreement between Dr. McCubbin 2 and Kerr County needs to happen. We will have -- we will 3 have an agenda item that will address that prior to the item 4 that's on today. If we can get this worked out in a 5 reasonable way, we won't have to go forward with what was on 6 the agenda today, and it will save the County money, and it 7 will save Dr. McCubbin money, and I think it's in the best 8 interests of all to get it done that way. That would be my 9 suggestion; that, emphatically, this is the last chance. No 10 questions about it. No more extended deadlines from my 11 perspective. That's it. 12 COMMISSIONER BALDWIN: Counselor, do you have 13 anything further? 14 MR. HENNEKE: I -- nothing. 15 COMMISSIONER BALDWIN: Mr. Schulte, would you like 16 to make some comments? 17 MR. SCHULTE: I think that that's a perfectly 18 reasonable solution. 19 COMMISSIONER BALDWIN: Sure, okay. Is there any 20 action to be taken? Anything? Okay. Do you have bills or 21 all that kind of stuff for us to deal with? What about 22 reports? This Commissioners Court will be in recess until 23 our C.E.O. arrives. 24 (Recess taken from 1:49 p.m. to 2:00 p.m.) 25 - - - - - - - - - - 5-2-11 26 1 (Judge Tinley joined the meeting.) 2 JUDGE TINLEY: Okay, let's come back to order, if 3 we might. The only remaining item, according to my 4 understanding, is Item 3. Is that correct, gentlemen? 5 COMMISSIONER BALDWIN: That's correct. 6 COMMISSIONER OVERBY: That's correct. 7 JUDGE TINLEY: Okay. Let me call Item 3; to 8 consider, discuss, take appropriate action on proposed 9 interlocal agreements with the City of Kerrville for various 10 services and/or operations. I put this on the agenda in 11 hopes that we would have some action to bring before the 12 Court. And Commissioner Letz and I had another lengthy 13 meeting with the City representatives last Friday, and I 14 think -- 15 COMMISSIONER LETZ: And Tuesday -- or Wednesday. 16 Didn't we meet twice last week, or a couple times? 17 JUDGE TINLEY: Tuesday and Friday. 18 COMMISSIONER LETZ: Monday? 19 JUDGE TINLEY: Whenever. 20 COMMISSIONER LETZ: Spent about eight hours with my 21 friends over there; I know that. 22 COMMISSIONER OEHLER: Did you have tea and coffee? 23 COMMISSIONER LETZ: No. 24 JUDGE TINLEY: We offered. 25 COMMISSIONER LETZ: We did. We did offer -- he 5-2-11 27 1 offered. 2 JUDGE TINLEY: Yeah. 3 COMMISSIONER OEHLER: Have some coconut cream pie, 4 something to go with it? 5 JUDGE TINLEY: Okay. And we -- I've provided to 6 members of the Court mainly a worksheet, and for reference 7 purposes, this communication's from the City with regard to 8 the proposed services to be offered under each of the 9 agreements based upon their latest communication, I think, of 10 April 13, I believe, was their latest attachment that you've 11 got there. Commissioner Letz? 12 COMMISSIONER LETZ: I think -- first, let me -- 13 everyone in the room may know this, but it hasn't been 14 publicly talked by about the Court, I don't think, or I don't 15 by the City as well. I guess about a month ago, members of 16 the Court and members from City were asked to go to a meeting 17 with Ken and Sandy Cailloux, and the purpose of the meeting 18 was to try to figure out if there was a way for the Cailloux 19 Foundation to help bridge the funding increase that the 20 County was faced with. And there -- I guess there was 21 emphasis on that on the EMS side, and fire. Primarily, 22 really, the EMS. The proposal that they kind of outlined was 23 that they would fund $200,000 to the county. The county -- 24 that money would be obligated, or kind of have to go -- 25 earmarked for the library. That would free up the 200,000 5-2-11 28 1 that we committed or spent last year on -- this current year 2 on the library, and which was the commitment that we had 3 going forward under our previous agreement on the library. 4 And that would -- the idea would free up 200,000 that we 5 could then put towards bridging the -- or helping with the 6 increase on the fire and EMS side. 7 So, I think we're at the point, based on our 8 meeting on Friday, that, you know, we're -- my recommendation 9 is that we're going to take the Caillouxs up on their 10 generous offer. And, you know, and I think kind of where we 11 left the meeting -- the Judge and I, anyway -- was that we -- 12 or I recommend that the -- I think the Judge recommends, 13 too -- that we fund the full fire amount the City's 14 requesting, 500,000; fund the full amount, 400,000, for EMS. 15 The 200,000 that we have committed this year -- or spending 16 this year, and have previously committed for the future for 17 library would be 200,000. That money would -- the funds 18 would come from the Cailloux Foundation. The airport, we 19 would accept the City's request to reallocate that funding on 20 a more fifty-fifty basis. And as of Friday, animal control 21 was a little bit up in the air, because we were still -- they 22 requested some numbers on how that would work, and we're 23 looking at some sort of a possible joint funding or split of 24 operations there, is kind of how that was, and that was not 25 really conclusive. 5-2-11 29 1 But the -- kind of the first three, you know, I 2 think we felt it's a good offer. That's not to say that the 3 City thought it was an acceptable offer from their 4 standpoint. You have to wait till they meet on Wednesday. 5 Don't know what they're going to do, but it's -- to me, I 6 don't really see how they cannot hopefully go forward with 7 it, 'cause we're funding exactly what they wanted. We spent 8 a great deal of time last week discussing the -- on the fire 9 side, which was probably more difficult to come to a 10 consensus on. We outlined a level of service that was 11 substantially less than they're currently providing. 12 Basically, it'd just be a structure fire use area only, in -- 13 and it's referred to as the old Kerrville South area. And 14 then there would be -- they would back up things, like if 15 there is a real bad wreck or something, or high water rescue, 16 some of that. 17 My feeling, after talking with volunteer fire 18 departments, they're pretty well-equipped in those areas, 19 high water rescues, on hazmats and a lot of those type 20 things, and that the only time really that city services 21 would be required would be under a -- the regional mutual aid 22 agreement; there would not have to really be any additional 23 agreements with any of the volunteer fire departments. And 24 our thought was that this should reduce funding, because it 25 was much less of a level of service than we're currently 5-2-11 30 1 getting. They said that reducing the level of service did 2 not lower the price at all; it was still going to be 500,000. 3 Because they would still have to -- I think the analogy they 4 used is just like an army; whether you have a war or not, you 5 have to have the army. So, that is the analogy -- you know, 6 I guess what the Mayor said was that the -- because of the 7 mutual aid hanging out there, that they would have to staff 8 and equip and man the department -- fire department in case 9 they were needed. And bottom line was, there would be -- 10 they would not consider anything less than 500,000 for fire. 11 So, that's kind of where we are. 12 The dollar totals -- animal control is still a 13 little bit in the balance -- is not far different from what 14 we're spending this year. The library is a -- and that's -- 15 the difference is because the Caillouxs are picking up 16 $200,000. Their commitment is for three years -- minimum 17 three years. And the -- what I told and the Judge told 18 representatives from the City was that, you know, this isn't 19 a long-term fix for the library's funding, but it is 20 something -- at least it gets us over this economic downturn 21 period that we're in, and that we would be -- you know, I 22 would commit that -- you know, I, as a Commissioner, and I 23 think the Judge -- and the Judge would need to work with the 24 City to try to figure out how to best fund the library in the 25 future, but we really didn't want to be partners in it. We'd 5-2-11 31 1 help them figure out a way to go forward, but it was -- based 2 on our previous years and years of experience, we liked a 3 flat funding formula better than being partners, because we 4 would -- we couldn't see how being partners would work, 5 because we've never been a partner. It's that simple. 6 So, anyway, that's kind of where we are. And the 7 -- I think everyone on the Court's aware that the City gave a 8 -- a May 4th deadline, which I think they're fairly serious 9 about, which is why we're discussing this today, and put it 10 on the table. Put it out on the table, and hopefully we can 11 come to some sort of agreement on the Court and move forward. 12 They do not see the need for any kind of agreement on -- or 13 much of an agreement on environmental health. We talked 14 about that a little bit, not a whole lot. I thought that if 15 we're going to continue to provide services, there should be 16 some sort of agreement there so we know what we're 17 responsible for. And on the Road and Bridge funding down the 18 road, there should be some sort of an interlocal agreement 19 for that as well. But those numbers are not part of this 20 equation. 21 COMMISSIONER OVERBY: Commissioner, did they say -- 22 for the library for this coming year, what was their budget 23 that they would like to work with the library for in the 24 '011-'012 year? 25 COMMISSIONER LETZ: Originally, it was three -- 5-2-11 32 1 JUDGE TINLEY: Four -- 2 COMMISSIONER LETZ: It was 425 each, and now, the 3 last I heard from them was 375. 4 COMMISSIONER OVERBY: Each? 5 JUDGE TINLEY: Yeah, a total of 750. 6 COMMISSIONER OVERBY: Total of $750,000 budget. 7 COMMISSIONER LETZ: And I made it very clear to the 8 Mayor, Councilman Motheral, and the City Manager that, you 9 know, I think that the library is very important to the 10 community, but I also said that emergency services are more 11 important. And from talking with my constituents, the 12 direction that I was given was, "Figure out a way to continue 13 services with the City of Kerrville on fire and EMS." After 14 that is done, the library is secondary. And that's -- you 15 know, and I believe that my constituents think that way, and 16 I think that way. And the library's an important function, 17 but it's one of the first that has to be looked at for cuts 18 in a really tight year. And because of the increases that 19 the City are giving us this year, we're in a tight year. So, 20 that's kind of where I was. 21 JUDGE TINLEY: We -- it was very clear that, as a 22 matter of priorities for us, when it comes to economics, that 23 emergency services was the most important element. And I -- 24 I want to express appreciation to the Caillouxs for their 25 willingness and effort to assist in trying to bring about a 5-2-11 33 1 resolution of that. It's very, very helpful. I know they're 2 interested in the library; they want to see that to go 3 forward. But they feel like that the emergency services are 4 very, very important, and by freeing up those funds that we 5 would -- we'd otherwise committed on a go-forward basis of 6 200,000, this allows us to utilize those funds for that 7 purpose. The animal control issue, they requested additional 8 figures on that. 9 I want to -- I want to thank Tess for her 10 efforts -- Tess Mabry with the Auditor's office. Very late 11 in the afternoon on Friday, we asked her for information, and 12 as the Commissioner said, we were working on a deadline. We 13 wanted to get this information to them. They requested it; 14 they're entitled to it. And she began working on it 15 immediately, and I -- I told her that it -- I was not 16 insisting that she stay and do that, but if she did, it might 17 be that I could get that information to the City Manager over 18 the weekend. In truth and in fact, she did stay. She 19 finished it after hours, and I appreciate her efforts. And I 20 delivered it to the City Manager yesterday, and he's had an 21 opportunity to work on those numbers. So, they have those 22 numbers on the animal control, and, really, that's -- that's 23 the primary one that's outstanding, is that one. We finally 24 got some discussion on late Friday. But the others, I think, 25 are -- the numbers, I think, are appropriate, and I'm 5-2-11 34 1 prepared to recommend them to the Court on that basis. 2 COMMISSIONER OEHLER: Are these numbers set for 3 three years? Or is -- 4 JUDGE TINLEY: No. 5 COMMISSIONER LETZ: No, this is a one-year deal at 6 the moment. 7 COMMISSIONER OEHLER: Okay. I wanted the 8 three-year. 9 COMMISSIONER OVERBY: But the gift from the 10 Caillouxs is a three-year? 11 COMMISSIONER LETZ: Three-year commitment. Minimum 12 of three years. 13 JUDGE TINLEY: Subject to their board approval. 14 COMMISSIONER LETZ: That's right. They said that 15 it is subject to their board approval, and their board will 16 not meet until June -- until July, excuse me. 17 COMMISSIONER OVERBY: I am very glad, Commissioner 18 Letz, to hear that part of the subcommittee conversation that 19 you're talking with -- you and Judge Tinley, with them about 20 the library, just talking about it, itself, right now. I 21 think on an upcoming agenda, we had the possibility of maybe 22 getting some reports on the library as it goes forward and 23 how they might operate in the future. I'm hearing possibly, 24 but I think the comment about how the library will be funded 25 is -- it's important that we start looking at other long-term 5-2-11 35 1 solutions to fund the library. As -- as we also say the same 2 thing about the Caillouxs' gift is so generous and such a 3 great gift to our community, and we're always blessed to have 4 folks like that, which it's very kind for them to do that. 5 We also, at the same time, even though that we don't own the 6 library, the H.E.B. folks and that name in our community is 7 huge to this community. H.E.B. is the -- I guess we all 8 know, is the home store; started here, and there is a 9 connection here long-term. 10 I think what's happened with the library, though, 11 is one thing that we have to start understanding as a 12 community, even though when the library was opened in the 13 '60's, the way that we receive our information and resources 14 today has changed. It used to be where we came out of school 15 or we got -- we had an assignment, we went to the library to 16 go get our books, and we went to our school library to get 17 our books, and that's how it was done. But -- and, again, 18 back in those days, of course, the City funded it. They 19 owned it, and at times the County funded half, or we funded 20 portions of it. But the resources of operating our library 21 today are changing as well, and as being in 2011 today, and 22 in the 1960's when the library was made, today we need to be 23 thinking about alternative resources on how that funding's 24 going to be used to fund our library needs in our community. 25 Today, a library is not going to go get a book today, but 5-2-11 36 1 it's now an information area. It's a resource area where 2 people go to get information and data, computers and those 3 type of things, and it is changing. 4 And I think that as a community, and as economic 5 partners trying to work together on finding solutions, I 6 think, Commissioner Letz, your comments about wanting to work 7 with them about finding other resources or money to operate 8 these kind of facilities is a must as we go forward in this 9 next decade here in our community. A lot of folks don't 10 get it. Changes are hard for people, but I think folks need 11 to start realizing in our community, funding these type of 12 facilities from the city and the county standpoint is very 13 difficult, and we need, as a community, to start looking at a 14 library district. And I'm just talking about the library on 15 its own right now, and we'll talk to the other ones as we go. 16 But I think we need to embrace, once we get this bridge set 17 apart and we get this gap filled in for a short-term, if it's 18 one year, two year or whatever, we need to engage with them 19 immediately in trying to help them form that library 20 district, if that's one avenue that they want to look at. 21 So, I appreciate your comments about that with the library, 22 and that's how I kind of see the library. Again, I 23 appreciate the Caillouxs and their gift, and I also, at the 24 same time, appreciate the H.E.B. story and our community, and 25 how we can help move forward with that, and how we might look 5-2-11 37 1 at other alternatives to -- resources to help fund that 2 operation as it changes as well. 3 COMMISSIONER LETZ: One thing on -- going back to 4 animal control -- thank you for those words, Commissioner. 5 But on animal control, where we left it Friday was some sort 6 of a joint funding where they would just reimburse us for a 7 percentage of the costs, versus them setting up their own 8 department. And in which case, we would not be responsible 9 for the city, and under that scenario, they would want a 10 contract to use the facility, a flat rate to use the 11 facility. That's kind of where we were. And I have a hard 12 time, based on my knowledge of what it costs to operate and 13 run that facility, that it would make sense for them to set 14 up their own department, but if they want to, that's fine. 15 But that's kind of where we -- and they -- that's why the 16 City Manager requested some additional numbers, so they could 17 really start looking at it and seeing how the costs break 18 down, revenue breaks down. 19 JUDGE TINLEY: They're wanting numbers on the 20 facility only, so in case they wanted do the enforcement side 21 on their own, they -- rather than them have their own 22 facility also, they would contract with us, is what they were 23 wanting those numbers for. So, there's -- there's a couple 24 of options there for them. They'll respond accordingly, but 25 they did need this other information. They weren't prepared 5-2-11 38 1 to make any firm commitment on it last Friday when we talked 2 about it. 3 COMMISSIONER OEHLER: One thing they should find 4 out is the fact that we operate things much less expensively 5 than it costs them to make -- to operate. 6 JUDGE TINLEY: Well, they got our numbers. 7 COMMISSIONER OEHLER: If they're willing to -- if 8 they want to go do their own, I guess they can have at it. 9 JUDGE TINLEY: They certainly have that option. 10 COMMISSIONER LETZ: Right. 11 COMMISSIONER OEHLER: They'll pay more. 12 COMMISSIONER LETZ: So, that's kind of where we 13 are. And it's a -- because of the Caillouxs' contribution, 14 it's a revenue -- even with the animal control figure, it's 15 going to be basically a revenue-neutral scenario. 16 COMMISSIONER OVERBY: The animal control, we have a 17 contract for about 380, if I'm not mistaken. Is that right? 18 372, 380? 19 COMMISSIONER OEHLER: 393, I believe. 20 COMMISSIONER OVERBY: They're at 393? 21 JUDGE TINLEY: Is that the requested budget? 22 COMMISSIONER OEHLER: I believe that's what it is. 23 COMMISSIONER OVERBY: But last year's budget was -- 24 COMMISSIONER OEHLER: 368. 25 COMMISSIONER OVERBY: -- 368, and from what I 5-2-11 39 1 understand, the -- the City of Ingram pays 20,000? 2 COMMISSIONER OEHLER: That's correct. 3 COMMISSIONER OVERBY: Last year. 4 MS. HARGIS: Twenty-one. 5 COMMISSIONER OVERBY: 21,000? And if -- so, 6 basically, of that 21, if that's subtracted from 368, we'd 7 have that 340 number in there where we're providing 50 8 percent of that to them out of our budget, so they're looking 9 for a solution or a figure in there. Is that what you're 10 saying, a percentage? 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER OVERBY: So, where -- 13 COMMISSIONER OEHLER: And they're using -- 14 COMMISSIONER LETZ: We gave them a number of -- 15 JUDGE TINLEY: 400,000 total. 16 COMMISSIONER LETZ: Right. 17 JUDGE TINLEY: Because of some increased costs 18 looking forward into next year's budget, I said, "Just -- 19 COMMISSIONER OVERBY: So we're -- 20 JUDGE TINLEY: -- work off of 400." And then we 21 gave them the current -- we allocated the -- the facility 22 cost, the kennel costs and whatnot, and the operational with 23 -- with the personnel required to operate that. That's what 24 I forwarded -- or handed it to the City Manager yesterday, 25 and they're working on those numbers. 5-2-11 40 1 COMMISSIONER LETZ: 'Cause our numbers were pretty 2 much -- if you take the expenditures minus the revenue, and 3 then did -- we did some calculations. I think we were -- 4 like, the Judge came up with 135 -- I think it's 135 that we 5 discussed on Friday that would be their -- 6 COMMISSIONER OVERBY: Portion? 7 COMMISSIONER LETZ: -- portion of the -- of the 8 net. 9 JUDGE TINLEY: That was a number that -- 10 COMMISSIONER LETZ: One of the many numbers we 11 discussed. 12 JUDGE TINLEY: Yeah. Yeah. 13 COMMISSIONER LETZ: But, so -- but anyway, animal 14 control I don't think is a -- 15 COMMISSIONER OVERBY: It's good. 16 COMMISSIONER LETZ: -- a huge stumbling block at 17 this point. 18 JUDGE TINLEY: Well, it's not one that has -- has 19 other than just pure monetary impact on them. With fire and 20 the EMS, they were very concerned about trying to get those 21 resolved, because it involves their allocation of personnel 22 and equipment and facilities, and we definitely wanted to get 23 those in on the animal control issue. Of course, the onus is 24 on us, because we're operating that, and we have the -- the 25 facility and the equipment and the personnel. 5-2-11 41 1 COMMISSIONER OEHLER: And certified people. 2 JUDGE TINLEY: And so we were hopeful to put them 3 in a position where they would know, come tomorrow -- or 4 Wednesday, actually, when they start their retreat for budget 5 purposes, what the numbers are on fire and EMS, principally 6 involving those numbers. But we're in a position to go 7 forward with the library and -- and the airport, as I see it, 8 all except the animal control, of the traditional agreements. 9 COMMISSIONER OEHLER: So, you're saying we should 10 take action on -- on the -- or what should we do? What are 11 you requesting? 12 COMMISSIONER LETZ: I think that we -- basically, 13 as the Judge outlined here, which is same as what I 14 summarized or tried to summarize, make that official offer to 15 the City. 16 COMMISSIONER OVERBY: The EMS, just for -- 17 record-wise, the $400,000 as their request to make them whole 18 for EMS for this year, the County's asked part of that from 19 what I understand 13,000 would be the City of Ingram's 20 responsibility, if I'm correct. Is that -- I've seen that 21 figure. Is that not for sure? 22 COMMISSIONER LETZ: They didn't tell us that on 23 Friday. 24 JUDGE TINLEY: And we did not carve that out. 25 COMMISSIONER OVERBY: Okay. And I don't know -- 5-2-11 42 1 and that's why I was asking; I didn't know if there was any 2 information whether the City of Ingram will now be 3 participating at all in EMS, where they have not done so 4 before. 5 COMMISSIONER LETZ: We brought up at one of the 6 meetings that they should consider talking to the City of 7 Ingram, but that wasn't our -- 8 COMMISSIONER OVERBY: Four hundred from the County 9 is what they're basically -- again, from what we've seen 10 initially, is what we're looking at. 11 JUDGE TINLEY: Which would include EMS service for 12 everywhere outside the corporate limits of the city of 13 Kerrville. 14 COMMISSIONER OVERBY: Correct. 15 JUDGE TINLEY: With the exception of the two areas 16 that we've carved out that they have secondary responsibility 17 in, in the far east end north of Comfort, and in the far 18 northwest corner in the Y.O. area that have already been 19 carved out. But it would include the city of Ingram. 20 COMMISSIONER BALDWIN: So -- 21 COMMISSIONER LETZ: Number one, what do you think? 22 COMMISSIONER BALDWIN: I think that the fire has 23 gone -- is going from $190,000 to $500,000. That's a lot of 24 money. So -- and I agree to do that, but I want full 25 service. I want them diving in the river, and I want them -- 5-2-11 43 1 whatever else they do over there. We want a full-service 2 thing. I disagree with the Mayor on the -- this thing is 3 like an army. You have to -- if we didn't even exist, they 4 would have this exact same thing, so it's not like that we're 5 causing anything. They already have it. They have to have 6 the equipment. We're just contracting with them for their 7 services. If y'all want to buy into that crap, it's all 8 right with me. 9 COMMISSIONER OVERBY: I'd like -- go ahead. Sorry. 10 COMMISSIONER BALDWIN: The -- the heartfelt 11 contribution from the Caillouxs, wonderful. That, to me, is 12 kind of the hub of this whole thing, kind of makes everything 13 kind of blend and join together and makes it work. So, I 14 don't think the animal control issue is big enough to even -- 15 I mean, we can talk about it forever if y'all want to. 16 JUDGE TINLEY: Well, we can do that separately, 17 Commissioner. 18 COMMISSIONER BALDWIN: Sure. Sure. There's a few 19 things that I -- that I disagree with, but I'm not going to 20 put up any kind of roadblocks, because I think it's time to 21 do this thing and get it out of the way. But this -- I had a 22 couple of constituents speak with me yesterday. He called 23 himself an old coot, and he is. 24 JUDGE TINLEY: You told me you wouldn't tell 25 anybody that I said that. 5-2-11 44 1 COMMISSIONER BALDWIN: Well, I -- 2 COMMISSIONER OEHLER: That means there were two of 3 them together? 4 COMMISSIONER BALDWIN: Yeah. It was the Judge and 5 Tinsley. (Laughter.) But they're really -- they're kind of 6 scared that they're not going to have ambulance service, so I 7 think it's time to put this thing to bed, and let's get on 8 down the road. And I can't wait till next year; this is 9 going to be so much fun. But as soon as we do -- as soon as 10 we get this thing finalized and signed off and rocking and 11 rolling, we need to start talking ESD in a major, major way, 12 every one of us, everybody in this room. We need to put 13 together a talking point and pass it out, and get busy with 14 it, 'cause that's -- that's truly the only answer to this 15 whole thing. We keep piddling with it like this year after 16 year after year, but the ESD is the answer. I thank you guys 17 for your hard work. I don't know that I would choose any two 18 better guys to negotiate this than you two. I mean that. 19 And I've known some guys. 20 JUDGE TINLEY: Some that used guns and some that 21 didn't? 22 COMMISSIONER BALDWIN: Yeah. So, thank y'all very 23 much for what you've done. 24 COMMISSIONER LETZ: Hopefully the City will -- if 25 this is not a good-faith effort, I don't know what is. 5-2-11 45 1 COMMISSIONER OVERBY: My comment, the only thing I 2 was saying, Commissioner Baldwin -- 3 COMMISSIONER BALDWIN: That you were trying to 4 interrupt me. 5 COMMISSIONER OVERBY: That's right. I apologize 6 for that. 7 COMMISSIONER BALDWIN: Your apology's accepted. 8 COMMISSIONER OVERBY: I'm just seconding what you 9 said about the ESD, and you got my support in any way to help 10 with that. And I -- I agree with you; as soon as we can get 11 an agreement, the ink is dry, again, getting back to -- like 12 we talked about the library, the library district there is 13 the same thing. The taxpayers, our citizens of Kerr County, 14 need to understand that we need an ESD in place to look at 15 the long-term solution of how we're going to fund EMS. And 16 if we can show good faith and everybody sees that we're 17 working together to look at potentially looking at fire down 18 the road and taking care of those services, so we're 19 providing the best services for our county. And I -- I 20 second what your comments are all the way, and I support you. 21 COMMISSIONER BALDWIN: Thank you. 22 JUDGE TINLEY: Let's get a motion out here before 23 we go to seconding, okay? 24 COMMISSIONER OVERBY: Yeah. 25 COMMISSIONER LETZ: All right. I'll make a motion 5-2-11 46 1 that we offer -- or recommend to the City -- or I guess make 2 an offer to the City that we fund -- "we" being the County -- 3 fund $500,000 on fire, $400,000 on EMS, $200,000 on the 4 library, with the stipulation that those funds will be coming 5 from the Cailloux Foundation, subject to their board approval 6 in July. We will split the operational costs at the airport 7 per the City's request, and we will continue to work on 8 animal control with the City. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: We have a motion and second as 11 indicated. Any further question or discussion on that 12 motion? All in favor of that motion, signify by raising your 13 right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. 18 COMMISSIONER LETZ: I see the County Attorney has a 19 perplexed look on his face. 20 MR. HENNEKE: I guess the question I had, then, as 21 far as the motion goes, then on the library, what you're 22 offering is zero, and then you have the expectation the 23 Caillouxs are going to separately take over that obligation? 24 JUDGE TINLEY: No, we're offering $200,000, which 25 was our anticipated contribution going forward as the result 5-2-11 47 1 of our agreement three years ago where we scaled down, but 2 it's subject to be funded through the Cailloux Foundation 3 funds subject to its board approval. 4 MR. HENNEKE: Then I apologize. 5 JUDGE TINLEY: That's what I understood. 6 COMMISSIONER OEHLER: That's what he said? I just 7 didn't understand from y'all's discussion. 8 JUDGE TINLEY: Yeah. That was the clear meaning of 9 what I understood him to say. 10 MR. HENNEKE: I'm sorry. 11 JUDGE TINLEY: Do we need any amendatory language? 12 MR. HENNEKE: No, sir. I just wanted to -- 13 JUDGE TINLEY: Okay. Okay. Any of these other 14 items that we need any further action on? 15 COMMISSIONER BALDWIN: We cut your salary a little 16 bit, but we can talk about that some other time. 17 JUDGE TINLEY: Well, that will work any time, 18 right? Do we have any reports that we haven't taken up? 19 None? Yes, the Sheriff's shaking his head yes. 20 SHERIFF HIERHOLZER: Gentlemen, she just had bills. 21 If you want reports from elected officials, just an update -- 22 COMMISSIONER LETZ: We want them? He might call 23 for them; I don't know that we want them. 24 JUDGE TINLEY: As all of you who were here earlier 25 know, I'm just now getting in the game, so I'm not sure 5-2-11 48 1 exactly what we covered. Just agenda items? 2 COMMISSIONER BALDWIN: We covered -- there wasn't 3 any bills, there's no monthly reports, and we don't want to 4 hear from Rusty, so it's over. 5 JUDGE TINLEY: Okay. Okay. Anything else to come 6 before the Court, gentlemen? We'll be adjourned. Is that 7 quick enough for you? 8 COMMISSIONER BALDWIN: That's quick enough. I like 9 that. 10 (Commissioners Court adjourned at 2:30 p.m.) 11 - - - - - - - - - - 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 4th day of May, 2011. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 5-2-11