1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, May 23, 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 May 23, 2011 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Consider/discuss, take appropriate action with regard to possible public participation for 5 legal services regarding CREZ line 13 6 1.2 Consider/discuss, take appropriate action to declare oil storage tank as surplus and list it 7 on GovDeals 20 8 1.3 Consider/discuss, take appropriate action to approve guidelines for Colonia Grant On-Site 9 Sewage Facilities Assistance Program, Contract #710065; allow County Judge to sign same 22 10 1.4 Consider/discuss, take appropriate action on 11 resolution to apply for 2011-2012 Texas Community Development Block Grant assistance under Colonia 12 Fund for Kerrville South Sewer extension; commit local match, & authorize Judge to execute related 13 interlocal agreement with City of Kerrville 28 14 1.5 Consider/discuss, take appropriate action to review concept plan for Castlecomb Supplemental 15 Lots, Precinct 2 -- 16 1.6 Consider/discuss, take appropriate action to set a public hearing for proposed stop sign at inter- 17 section of Gaddis Bluff N. and Cypress Creek N., Precinct 3 37 18 1.7 Consider/discuss, take appropriate action to set 19 a public hearing concerning proposed private road name of Sour Mash Trail N. to be dropped and 20 discontinued, Precinct 3 38 21 1.8 Consider/discuss, take appropriate action to review concept plan for the Heights of Kerrville 22 Re-Development, Precinct 1 40 23 1.9 Consider/discuss, take appropriate action on request from Kerrville Area Chamber of Commerce 24 to use Hill Country Youth Exhibit Center for a Kerrville Open Pro Rodeo, Chili Cook-off, and 25 Brew Festival on August 5th and 6th, 2011 54 3 1 I N D E X (Continued) May 23, 2011 2 PAGE 1.10 Consider/discuss, take appropriate action on 3 request from Sandra DuBose to receive a reduced rate or fee waiver for use of indoor arena at 4 HCYEC for "Equine Assisted Learning" program -- 5 1.11 Consider/discuss, take appropriate action to discuss Live Springs Lane right-of-way issues 6 in Cave Springs Additions, Section 7, and any other requirements involved in bringing road up 7 to county standards for county maintenance 60 8 1.12 Consider/discuss, take appropriate action to authorize Juvenile Detention Facility to hire 9 additional staff to replace existing or anticipated vacancies 65 10 1.13 Consider/discuss, take appropriate action to 11 allow Juvenile Detention Facility to trade in van to purchase another used van 67 12 1.14 Consider/discuss, take appropriate action to 13 approve Bulletproof Vest Partnership FY 2011 application. 69 14 1.16 Consider/discuss, take appropriate action 15 regarding number of security personnel needed for events sponsored by the Stock Show 71 16 1.17 Consider/discuss, take appropriate action on 17 request from Texas Arts and Crafts Foundation for sale of alcohol at Texas Arts and Crafts Fair 18 May 27 - 30, 2011, to be held at Hill Country Youth Exhibit Center 75 19 1.18 Consider/discuss, take appropriate action on 20 request from Texas Arts and Crafts Foundation to close a portion of Riverside Drive during 21 Texas Arts and Crafts Fair, May 27-30, 2011 76 22 1.19 Consider/discuss, take appropriate action for recognizing Tuesday, June 14, as Flag Day in 23 Kerr County, and use of Kerr County Flat Rock Lake Park from 12 p.m. to 7 p.m. 77 24 1.20 Consider/discuss, take appropriate action for 25 assisting Kerr County parks improvements for summer of 2011 79 4 1 I N D E X (Continued) May 23, 2011 2 PAGE 1.15 Presentation of TAC Safety Award for 2010 104 3 1.21 Consider/discuss, take appropriate action on 4 elimination of reimbursement to employees for dues or use fees paid by employees to fitness 5 facilities 107 6 1.22 Consider/discuss, take appropriate action on reallocating county match funds under East Kerr 7 County Wastewater EDAP Grant, amending contract with Tetra Tech regarding same 116 8 1.23 Consider/discuss, take appropriate action to 9 set public hearing for final phase of Kerrville South Wastewater project 120 10 1.24 Consider/discuss, take appropriate action to 11 release Request for Qualifications/Proposals for EMS services for unincorporated areas of 12 Kerr County for FY 2011-12 122 13 1.25 Consider/discuss, take appropriate action to move funds into part-time salary line item to 14 allow for part-time help in Tax Office 125 15 4.1 Pay Bills 130 4.2 Budget Amendments 133 16 4.3 Late Bills 136 4.4 Approve and Accept Monthly Reports 137 17 5.1 Reports from Commissioners/Liaison Committee 18 Assignments 138 5.2 Reports from Elected Officials/Department Heads 143 19 1.26 Consider/discuss, take appropriate action to 20 approve allocation of human resources functions or duties on interim basis (Executive Session) --- 21 1.27 Consider/discuss, take appropriate action to 22 designate new administrators for various human resource functions (Executive Session) --- 23 3.1 Action as may be required on matters discussed 24 in executive session 147 25 --- Adjourned 149 5 1 On Monday, May 23, 2011, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, May 23, 2011, at 9 a.m. It is that 11 time now. Commissioner Oehler? 12 COMMISSIONER OEHLER: Please stand for a word of 13 prayer and the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. At this time, if there's 16 any member of the public or audience that wishes to be heard 17 on a matter which is not a listed agenda item, this is your 18 opportunity to come forward and tell us what's on your mind. 19 If you wish to be heard on an agenda item, we have some 20 participation forms at the back of the room. We'd ask that 21 you fill that out so that I'm aware that there's someone that 22 wishes to be heard on that particular agenda item. If, for 23 some reason, you don't fill out a participation form and wish 24 to be heard on an agenda item, get my attention in some 25 manner when we get to that item, and I'll see that you do 5-23-11 6 1 have the opportunity to be heard. But right now, if there's 2 any person that wishes to be heard on a matter that is not a 3 listed agenda item, come forward; give us your name and 4 address and tell us what's on your mind. Well, looks like we 5 got no participation there. Let's go on to the next item. 6 Commissioner Oehler, what do you have for us this morning? 7 COMMISSIONER OEHLER: Well, I guess I just want to 8 remind everybody once again about the rabies problem that 9 we're having in the -- in the area, and it's not just in one 10 or two places. It's kind of been scattered county-wide. And 11 I have a feeling we're not through with it yet. And one of 12 the things that Janie continues to talk about that seems to 13 not be heard by a lot of people, or understood, is the fact 14 of the feral cat colony, things that we have that have been, 15 you know, started in various areas. If you feed those 16 animals, what's going to happen is you're going to attract a 17 lot of coons and skunks and foxes to come up, because they're 18 hungry too. And that in itself is a huge, huge problem, and 19 it's getting bigger all the time. I know that everybody 20 wants to take care of those animals, but in the -- in the 21 process, you're kind of putting yourself in danger. Had a 22 good friend in Hunt that was bit last week by a feral cat 23 that she was feeding, and now she's taking rabies shots. 24 Took her five days to catch the cat so they could take it and 25 see if it had rabies or not. But those kinds of things 5-23-11 7 1 happen. They get aggressive whenever feeding time comes, and 2 then, like I say, you attract a lot of other -- other 3 animals, that being number one. 4 Number two, I went to Junction -- I'm on the Texas 5 Tech advisory -- Hill Country Advisory Board, and they had a 6 video of all of the fire that was -- they had up there, and 7 they had showed all the firefighters. And Texas Tech opened 8 up the campus there for the firefighters, and also disaster 9 response teams and emergency management; that was kind of 10 their base, besides another one just north of Junction. But 11 that's where they -- I think it was the Baptist Men set up 12 and they fed all the firefighters, and that's where most 13 people were dispatched from. The video was quite 14 interesting, and it was taken by one of the I.T. guys at the 15 Tech campus, and it made a real point to mention all of the 16 volunteer fire departments and all the people that helped. 17 And it was quite something from what was told, and the 18 emergency management teams and stuff. U.S. Forest Service, 19 Texas Forest Service that was there said they'd never seen 20 this kind of reaction from -- from volunteer fire departments 21 and people wanting to help. They had -- they had plenty of 22 help, and they were grateful for it. So, anyway, just wanted 23 to report that, and that our -- our local volunteer fire 24 departments, every one of them should be commended for 25 helping a neighbor. There's nothing like a good mutual aid 5-23-11 8 1 in a time of need, and they responded. There were others 2 that didn't. But the ones that came all the way from Boerne 3 and up to San Angelo and Fredericksburg and, you know, all of 4 the surrounding area -- Sonora came. So, we just need to 5 remember, those guys do a heck of a service. Not just in 6 Kerr County, but others come to help us in time of need as 7 well. That's it. 8 JUDGE TINLEY: Commissioner Baldwin? 9 COMMISSIONER BALDWIN: Just neighbors helping 10 neighbors. That's a quality character in people, and I 11 really like that. But going back to the rabies, I saw my 12 good friend Leroy walk in the door -- and not that he has 13 rabies, but I'm not real sure. (Laughter.) 14 JUDGE TINLEY: Wondering where you were going with 15 that. 16 COMMISSIONER BALDWIN: Yeah. I'm not positive 17 about that at all. But his -- his brother-in-law is Tommy 18 Pollard, and us three are Tivy football watching buddies. 19 And when he came in, I thought we was going to talk about 20 football, but we're going to talk about L.C.R.A. as usual. 21 So, that's all. I just wanted to say hi to my good friend, 22 and we got a big meeting. 23 JUDGE TINLEY: Commissioner Overby? 24 COMMISSIONER OVERBY: Just a couple of things, just 25 to follow up on what Commissioner Oehler said. The past two 5-23-11 9 1 weeks, I've been out visiting with our Elm Pass Volunteer 2 Fire Department. Got to visit with the members out there, 3 and, again, they do a wonderful job out there with what 4 they're doing, and we obviously need to be looking at how 5 much more we can help assist them out there. And I 6 appreciate the fine work that they're doing. Also, I had the 7 opportunity this last week to speak at the Creekwood II 8 landowners' association group this past weekend. Just like 9 to say I enjoyed going out there. Thanks for the invitation 10 to go out and visit with those fine folks out there this past 11 weekend. I also would like to say congratulations to all of 12 our graduates who are graduating from Center Point, Ingram, 13 O.L.H., Kerrville-Tivy, Schreiner University, and to all of 14 our educators in Kerr County. You do an outstanding job 15 every year, and congratulations to those folks. 16 JUDGE TINLEY: That it? 17 COMMISSIONER OVERBY: That's it. 18 JUDGE TINLEY: Commissioner Letz? 19 COMMISSIONER LETZ: I'm just going to go back to 20 the rabies issue a little bit. 21 COMMISSIONER BALDWIN: You know Leroy too, huh? 22 (Laughter.) 23 COMMISSIONER LETZ: More because I received an 24 e-mail relating to the most recent case that was in the 25 weekend paper, and that one which was mentioned was on 5-23-11 10 1 Antelope Trail, but for those who don't know where Antelope 2 Trail is, it's in the heart of River Hills. That case was 3 right on the golf course. And the individual that wrote me 4 the e-mail's cat was bitten by the fox, and they finally 5 spent about two hours, and Animal Control ran up the fox. 6 But the gist of the e-mail is a commendation to our Animal 7 Control employees, Oscar, Marc, and Janie. According to the 8 e-mail I received, they went above and beyond the call of 9 duty, what they needed to do. They kept in contact with the 10 people, they had numerous calls with the vet, they talked 11 with Austin, they -- just outstanding service to the public 12 and residents of the city of Kerrville and Kerr County, of 13 course. But it is really nice when you get an e-mail, 14 especially with something like that, that's just a pretty 15 tragic issue, cat getting bitten by -- I think the cat was 16 vaccinated, so it wasn't too bad. But still, it's nice to 17 hear -- nice to get e-mails where we hear our county staff 18 are going above and beyond the call of duty. And that's it. 19 JUDGE TINLEY: Let me follow up a bit on the Animal 20 Control issue. Commissioner Oehler mentioned the feral cats. 21 The -- there's an outfit that runs what's called the Big Fix 22 program that deals with feral cats. If you have a feral cat 23 problem, you call those folks and they come out; they trap 24 them, they neuter them, they vaccinate them. And they'll 25 even come out and retrap them in subsequent years to 5-23-11 11 1 revaccinate them. They mark them -- I think they clip their 2 ears so that they know that they've been neutered, so that 3 they can help identify who they've handled, who they haven't 4 handled. But that's a wonderful program, and that helps a 5 whole lot in the feral cat issue with regard to rabies. Now, 6 the other issue Commissioner Oehler talked about was 7 varmints, coons and possums and skunks and whatever, coming 8 up, particularly after cat food. I can tell you personally, 9 I know that they love that stuff. And I think our Animal 10 Control people have recommended that you feed your cats, if 11 they're outside, in the morning, because most of these 12 animals are nocturnal. And if you feed them in the morning, 13 you don't have near as big a risk with -- with those 14 nocturnal animals. 15 Another item I'd like to bring to the public's 16 attention, I received from the Texas Comptroller of Public 17 Accounts the Leadership Circle Gold Member Award for Kerr 18 County. This is a subsequent award, and this is a 19 transparency award. It deals with the fact that everything 20 in our government is transparent here in Kerr County. Like I 21 say, this is a subsequent award. They have increased the 22 requirements. I think they're intending to do so every year. 23 But every single financial transaction that Kerr County 24 enters into, you can find online. You can go into the 25 comfort of your home, go on your computer, if you got an 5-23-11 12 1 internet service provider, look it up as to every single 2 expenditure, the purchase order, the invoice, the check. 3 It's all right there, every single dime that we spend. So, 4 if anybody has any questions about our finances, just tell 5 them to get on their computer; they can find out everything 6 they need to know. The only thing we won't tell you is 7 what's protected by law insofar as the payroll information of 8 specific individuals; names, specific identifying data such 9 as Social Security numbers and so forth. 10 The information as to each position, however, is 11 online. It's our position schedule; tells you every single 12 position that's authorized in the budget here in Kerr County, 13 what the step and grade of that position is, what the pay is, 14 whether or not there are any supplements that are paid. 15 Every single bit of financial data with regard to that 16 position is also online. That's all part of this process. I 17 want to thank all of the folks that handle all of our 18 financial transactions and our other public information 19 transactions. A lot of it comes out of the clerk's office, 20 and also our I.T. man, Mr. John Trolinger, for making sure 21 that we have this all available to the public. That enables 22 us to get this award. We didn't do that. Those of us up 23 here didn't do that. It's everybody else that did it, but we 24 get the credit for it. Of course, being politicians, we're 25 tickled to death to take the credit, but they're the ones 5-23-11 13 1 that did all the work, so congratulations to them. Are we 2 ready to get on with business, gentlemen? 3 COMMISSIONER BALDWIN: Yes, sir. 4 JUDGE TINLEY: Okay. First item on the agenda is 5 to consider, discuss, and take appropriate action with 6 regards to possible public participation for legal services 7 regarding the CREZ line. Yes, sir? 8 MR. LAMPRECHT: Okay. You ready for me? 9 JUDGE TINLEY: Step up here and give us your name 10 and address for the record. 11 MR. LAMPRECHT: My name's Leroy Lamprecht. I live 12 at 1013 High Point Drive, which is in the High Point 13 Subdivision in Mr. Oehler's precinct. I will assure these 14 folks that I had my six-month doctor checkup last week, and 15 he found no rabies. (Laughter.) So, thanks, Buster. 16 COMMISSIONER BALDWIN: You're welcome. 17 MR. LAMPRECHT: First of all, Judge and 18 Commissioners, I appreciate the opportunity to visit with you 19 for a few minutes on an idea that my wife -- and she talked 20 me into it, also. She has a doctor's appointment today, so 21 guess who got the short straw? But I have her notes here. 22 And as the Judge said, this is an idea that -- that she came 23 up with, that it may be a method to offset funds in support 24 of the appeal of the P.U.C.'s decision regarding CREZ and 25 L.C.R. transmission line route. And as I've already said, my 5-23-11 14 1 wife and I are citizens of Kerr County, and we're opposed to 2 the selection of the I-10 route that was, I guess, dictated 3 by the P.U.C. for the CREZ L.C.R. transmission lines. 4 Certainly, we did not support the choice of Tierra Linda 5 either. I just wanted to make that -- make that clear for 6 the Tierra Linda folks, that we're not trying to shove 7 something back into their court. 8 We -- we supported the route recommended by 9 L.C.R.A. after their lengthy evaluation of all the possible 10 routes, and we expected the P.U.C. to honor that 11 recommendation, because the route, as we understand it, 12 affected the least number of property owners, was a shorter 13 route, and most economical. But that didn't happen. The 14 many affected landowners whose property along I-10 will be 15 taken for the use of -- of these easements have, I am sure, 16 taken whatever action they could to protect their interests 17 at their cost, if affordable. I'm sure there's some that 18 possibly can't afford it and aren't able to do anything. My 19 wife and I are of the opinion that there are people like us 20 who are not directly affected, although I will say that I can 21 -- I'm about -- as the crow flies, about a mile and a half 22 from I-10 up on top of a hill, High Point, and I can see that 23 I-10 route very easily. We're not directly affected by the 24 P.U.C.'s decision, but we feel strongly that every citizen in 25 Kerr and Kimble County, and maybe the entire Hill Country, 5-23-11 15 1 has been affected by this decision. 2 We -- we strongly support the appeal of the -- of 3 this decision which is now pending before the court. We 4 realize that some or all of the officials may have been 5 hesitant to use taxpayer money to contribute to the defense 6 of the P.U.C. decision. Certainly, spending taxpayer money 7 is not a decision that has been taken lightly, especially in 8 these difficult economic times, not by any of the board or -- 9 or any of the elected officials. Because of this, my wife 10 and I hope that -- are in hopes that there may be a legal 11 method of setting up a fund created with the intention of 12 offsetting some of the costs, some of the expenses of this 13 appeal. And people who live anywhere within the city -- 14 cities of Kerrville and Junction, or anywhere in Kerr and 15 Kimble County and beyond, who want to individually contribute 16 to -- to such a -- such an idea of the cost of this appeal 17 could donate to the fund. 18 These funds would be applied directly to the cost 19 of the current legal fees related to the appeal. Money that 20 has been set aside by KPUB, City of Kerrville, city of 21 Junction, county of Kerr, would then be applied to the 22 current legal fees, and if there is any unused taxpayer 23 funds, they would be returned to the respective public 24 entities, if there are any. Part of the basis of the appeal, 25 as we understand it, is that the values of -- of this 5-23-11 16 1 community were not taken -- were not given enough weight. I 2 our thinking is that the individual donations to such fund 3 would be further evidence of the values of this community and 4 may assist in influencing the decision made by the appeal. 5 I've talked with Mr. Henneke just briefly before the meeting 6 started, and he is generally aware of what my idea was, and 7 as I say, the legality, feasibility, viability of such an 8 idea, just brought it before you, and I guess the ball's in 9 y'all's court. I thank you again for your time and -- and 10 the opportunity to speak to you, I hope not but about eight 11 minutes. So -- and, again, I'm going to check on that rabies 12 and keep on -- (Laughter.) 13 COMMISSIONER BALDWIN: Appreciate that. 14 JUDGE TINLEY: We need to have Buster provide us 15 with his certification, don't you think? 16 MR. LAMPRECHT: Exactly. 17 JUDGE TINLEY: Yeah. Hold on just a minute here, 18 Leroy. Let's see if we got any questions for you. 19 MR. LAMPRECHT: Okay. 20 JUDGE TINLEY: Any member of the Court got any 21 questions? 22 COMMISSIONER BALDWIN: Not at this time, thank you. 23 COMMISSIONER OVERBY: Appreciate it. 24 JUDGE TINLEY: Leroy's wife contacted me on several 25 occasions during the course of this L.C.R.A. thing, and her 5-23-11 17 1 -- her whole focus was on broad community support for the 2 effort. And I think the motivation is very, very laudable, 3 and I appreciate her work and your work also with her in -- 4 in trying to project that community cohesiveness and -- and 5 to try and show that we -- we're all behind this thing. My 6 last communication with her was to the effect that the 7 funding aspect up through the hearing in the Travis County 8 District Court has essentially been funded so far as we know. 9 However -- however, of course, those were public funds, which 10 he's talking about could possibly be reimbursed if -- if 11 there are any excess funds left after these privately donated 12 funds are used. Should the District Court in Travis County 13 take action which would send this matter back to the 14 commission, or otherwise put the ball back in play, so to 15 speak, then, of course, that's a brand-new ball game. Those 16 funds are not allocated, and could be significant. But -- 17 MR. LAMPRECHT: One other thought -- excuse me, 18 Judge. 19 JUDGE TINLEY: Yes, sir. 20 MR. LAMPRECHT: Was that also, she -- she may not 21 have written in her notes that she gave me, but she did 22 comment to me that should this go beyond the appeal process, 23 which I think is what you're alluding to, -- 24 JUDGE TINLEY: Exactly. 25 MR. LAMPRECHT: -- these funds could also be, you 5-23-11 18 1 know, projected into that -- into that time frame. 2 JUDGE TINLEY: Exactly. Exactly. That's what I 3 advised her, that -- 4 MR. LAMPRECHT: Yes. 5 JUDGE TINLEY: -- we're only public -- or fund 6 committed up through the hearing in the Travis County 7 District Court. If there's further action taken as a result 8 of that, then, of course, there's new funds going to be 9 required. That's exactly true. You were going to make some 10 comments, Mr. Henneke, about, I presume, the legality of 11 this? 12 MR. HENNEKE: Well, I was, Judge. And first, 13 Judge, Commissioners, I think you're aware of this, but last 14 week the coalition of Kerr County, City of Kerrville, and 15 Kerrville Public Utility Board and the City of Junction filed 16 our collaborative brief with the District Court in Travis 17 County setting forth our arguments for why the Public Utility 18 Commission erred in what they did. We're waiting for the 19 response brief from the Commission, L.C.R.A., and the 20 opposing intervenors. It should be here in about three 21 weeks. And then, of course, there is the -- the hearing set 22 before Judge Livingston in Austin on August 2nd, I believe at 23 2 o'clock in the afternoon. As far as this idea goes, I 24 really appreciate Mr. Lamprecht being here, and also for 25 Ms. Pollard and her efforts. She's gathered petitions. I 5-23-11 19 1 know that she's, herself, written letters to the Public 2 Utility Commission and has been very engaged in -- in trying 3 to draw together public support of our position in opposition 4 to -- to what is being done by the Public Utility Commission 5 and L.C.R.A. 6 In visiting with him before court today, I 7 suggested, since we are part of a coalition, that before 8 taking anything further, I'd visit with -- with the City, 9 with KPUB, with the City of Junction, who are all 10 collectively contributing moneys into this effort, to see, if 11 we were to receive donations from the public, how we would 12 want to handle those, how we'd want to receive them and -- 13 and apportion them and whatnot. So, my recommendation -- I 14 think this is a very worthy idea, and I appreciate your -- 15 your efforts in furtherance, and before we do anything, let's 16 try to come to an agreement on -- on how we would do that, 17 and we can report back later. I appreciate you being here, 18 Mr. Lamprecht. 19 JUDGE TINLEY: Certainly, we don't want to slow her 20 down, though. 21 MR. LAMPRECHT: Yeah. May I just say, she's a 22 native of Kerrville, and she -- and city of Kerrville, Kerr 23 County, and the hill country are very near and dear to her 24 heart. And the reason she has kept the name Pollard is 25 'cause she couldn't learn to spell mine. (Laughter.) So, 5-23-11 20 1 thank you again. 2 JUDGE TINLEY: Thank you. 3 COMMISSIONER OEHLER: Thank you, Leroy. Appreciate 4 your efforts a lot. 5 COMMISSIONER BALDWIN: Judge, it's amazing that 6 we're back to neighbors helping neighbors. 7 JUDGE TINLEY: Exactly. 8 COMMISSIONER BALDWIN: And that's an age-old custom 9 we got to hold onto. 10 COMMISSIONER OEHLER: Yep. 11 JUDGE TINLEY: Okay. Let's move on to Item 2, to 12 consider, discuss, take appropriate action to declare an old 13 storage tank surplus, and to list it on GovDeals. 14 MR. ODOM: Yes, sir. We have an old storage tank 15 located in Mountain Home Volunteer Fire Department site, and 16 that we would like to declare surplus and list on Government 17 Deals. We have included some pictures of the tank to the 18 Court. We've measured the tank; we've looked at it, and we 19 think it would cost us more to fool with it than it's worth. 20 So, at this time, we ask the Court for their approval to 21 declare the old storage tank located at the Mountain Home 22 Volunteer Fire Department, Precinct 4, surplus, and allow 23 Road and Bridge to list the tank on Government Deals. 24 COMMISSIONER OEHLER: Move approval. 25 COMMISSIONER BALDWIN: Second. 5-23-11 21 1 JUDGE TINLEY: Motion made and seconded for 2 approval. Question or discussion? 3 COMMISSIONER LETZ: Leonard, how many gallons is 4 that tank? 5 MR. ODOM: Oh, I -- 3,000 or more, maybe. 6 COMMISSIONER OEHLER: It's bigger than that. 7 MR. ODOM: Maybe five. 8 COMMISSIONER LETZ: Just -- 9 COMMISSIONER OEHLER: It's huge. And stainless 10 steel, too. 11 COMMISSIONER OVERBY: How long has it been there? 12 Years? 13 COMMISSIONER OEHLER: Years. 14 MR. ODOM: Years. It was given to the -- that 15 property was given to us by the State. It was not of value 16 to them. It cost more to move it, so they just left it, and 17 it's been there. It's an old system of fire and -- you know, 18 put oil and stuff in there. My experience in San Antonio is 19 that it just -- it boils water out of your emulsion, and so 20 you have to upgrade that and put electrical heaters in there, 21 and I don't wish to do that. I think we're adequate. Just 22 -- if I knock it down, it's going to be destroyed one way or 23 another, so a crane would cost me more than probably what I'm 24 going to get out of it. 25 JUDGE TINLEY: Let's see. Further discussion? All 5-23-11 22 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: Motion carries. Item 3; consider, 6 discuss, take appropriate action to approve guidelines for 7 the Colonia Grant On-Site Sewage Facilities Assistance 8 Program, Contract Number 710065, and allow County Judge to 9 sign the same. Mr. Garcia, that is in connection with the 10 Kerrville South project? 11 MR. GARCIA: No. 12 JUDGE TINLEY: No, that's right. East Kerr, excuse 13 me. 14 MR. GARCIA: This is the on-site sewage facilities 15 grant. Kerr County Attorney has reviewed and approved it. 16 Also, Grantworks -- 17 JUDGE TINLEY: Okay. 18 MR. GARCIA: -- has submitted it to Texas 19 Department of Rural Affairs and received approval for us to 20 bring it here to court to have the Court approve and Judge 21 sign the same. 22 COMMISSIONER OEHLER: I move approval. 23 COMMISSIONER OVERBY: I'll second that. 24 JUDGE TINLEY: Motion made and seconded for 25 approval. Question or discussion? 5-23-11 23 1 COMMISSIONER LETZ: Ray, just for the public, can 2 you explain the purpose of the grant? 3 MR. GARCIA: This grant -- I believe it was -- 4 JUDGE TINLEY: After I confused it? Yeah. 5 MR. GARCIA: Commissioner Williams had received 6 this grant, and it was in the amount of approximately 7 $262,000, and it was for single-family dwellings on-site 8 sewage facilities, to repair or replace approximately 30 9 facilities. And hopefully we can get 30 out of this grant. 10 COMMISSIONER LETZ: Yeah. 11 COMMISSIONER OVERBY: I kind of feel the numbers 12 are there. 13 MR. GARCIA: I think so. I think we have the 14 numbers. And hopefully -- 15 COMMISSIONER OVERBY: Ray, there's going to be a 16 process that we'll inform -- I mean, we've talked about there 17 may be a public meeting that we would hold for folks to come, 18 and eventually, after this application -- after it's 19 approved, for them to come and sign up for. Is that correct? 20 MR. GARCIA: Right. I don't know if Grantworks is 21 here today. 22 MS. LENEHAN: I'm here. 23 COMMISSIONER OVERBY: There they are. 24 MS. LENEHAN: Here I am. 25 MR. GARCIA: I'm going to defer to Regan. 5-23-11 24 1 MS. LENEHAN: Judge and Commissioners, I'm Regan 2 Lenehan from Grantworks, and there is absolutely a public 3 process; that's the next step. The first step on the 4 O.S.S.F. grant is to basically pass these guidelines, which 5 sets up a framework for the application process, the site 6 evaluation, the bidding for the O.S.S.F. installation, et 7 cetera, et cetera. It identifies the different areas of the 8 county that are eligible, and the income thresholds that 9 would need to be met in order for the applicants to be 10 eligible. So, this is the first step of -- of a couple of 11 steps that will take us to get to the actual replacement of 12 the septic tanks. 13 COMMISSIONER OVERBY: Good. 14 MS. LENEHAN: But the public will be notified. 15 Typically, we run a couple of ads in the newspaper and, you 16 know, try to post local notices in areas so that people who 17 live in these communities are aware of the program. And I 18 know there's already been public meetings. 19 MR. GARCIA: We've had some public meetings along 20 with the Sheriff -- one of the Sheriff's deputies, Pam Hicks, 21 Neighborhood Watch. We've been working in conjunction with 22 her around these colonia areas to get some interest 23 generated. 24 COMMISSIONER OEHLER: How do you go about getting 25 them replaced if you were to get the grant? Is there, like, 5-23-11 25 1 a bid process the installers go through, or do you just 2 approve certain ones? Is there a certain amount of money 3 that they qualify for, or how does that work? 4 MS. LENEHAN: Well, the grant -- you already have 5 received the grant, so the next step is -- is to take 6 applications. And we review the applications for the income 7 eligibility, and the next -- and basically to confirm that 8 the families own their home, that they live within the target 9 area. Then we verify through Ray's department if the tank is 10 actually failing and in failure. After that, we come back to 11 Commissioners Court and we award our first couple of grants. 12 We usually like to do about 10 at a time, just to help make 13 sure we stay within our budget. And we hire a site 14 evaluator, and the site evaluator will design a system for 15 that specific home. That includes, you know, mitigating the 16 existing system, rendering it safe, and also preparing a 17 design for the new septic tank. And at that point, then we 18 bid out the installation of the septic tank and prepare a bid 19 tabulation. We try to contact any local installers in the 20 area, invite them to bid on the project, and do, you know, as 21 much outreach as possible to generate, you know, good bids 22 for the installation. 23 COMMISSIONER OEHLER: So you could have as many, 24 say, as 10 at a time that could be bid? 25 MS. LENEHAN: Yes. Typically, we try to -- we try 5-23-11 26 1 to hit that mark. We -- it kind of just depends on how our 2 scoring and ranking comes in on the application side, but we 3 try to hit about 10 in a group. 4 COMMISSIONER OEHLER: Okay. 5 MS. LENEHAN: That's our goal. They are in -- the 6 contracts are typically between the homeowner and the 7 installer, so it's not a county public works contract that 8 would include 10 septic tank replacements. It would be an 9 individual contract between the homeowner and the installer. 10 COMMISSIONER OEHLER: They'd be -- they would get 11 the funding to pay -- 12 MS. LENEHAN: The County does -- the owner would be 13 bypassed entirely with regards to the funding. The County 14 would receive the funding from the State and pay the 15 installer directly. 16 COMMISSIONER OEHLER: Okay. 17 MS. LENEHAN: The County also would have oversight 18 over any change orders or issues that came up once the 19 installer was on site. The homeowner doesn't have the 20 authority to -- to make any changes regarding -- regarding 21 that. But this way, if the original contract is between the 22 homeowner and the installer, that helps to make it a little 23 bit more clear if there's any warranty issues. That way, 24 there can be, you know, hopefully a little bit of education; 25 when the -- when the O.S.S.F. is installed, the homeowner and 5-23-11 27 1 the installer can, you know, meet to talk about maintaining 2 the tank correctly and have direct lines of communication 3 between the homeowner and the installer. 4 COMMISSIONER OEHLER: They have a warranty 5 situation with the owner and the -- 6 MS. LENEHAN: Exactly. 7 COMMISSIONER OEHLER: Take the County out of it. 8 MS. LENEHAN: Right. You don't have to go through 9 the County, then. 10 COMMISSIONER OEHLER: Okay. 11 COMMISSIONER LETZ: Does the homeowner have -- are 12 they involved in the process of selecting the installer for 13 their property? 14 MS. LENEHAN: Yes. Yes, the homeowner will receive 15 a bid tabulation that will include all of the bids received 16 on the project. Now, we do include in the guidelines a cap 17 on the eligible bids, and we say that there'll be a low bid, 18 and any bid that's within 25 percent of the low bid would be 19 considered eligible. Anything that's in excess of that will 20 be considered ineligible, and that would be the lowest 21 qualified bid. So, if a low bid comes in that, you know, 22 Ray's group says, "Hey, this is out of the ballpark; doesn't 23 make any sense for this home," we would revisit that and make 24 sure that, you know, we're getting qualified, legitimate bids 25 on the project. 5-23-11 28 1 COMMISSIONER OEHLER: Okay. 2 COMMISSIONER OVERBY: I'd like to say to Ray, 3 thanks for the clarification to everything. And, again, I 4 want to say a special thanks to former Commissioner Bill 5 Williams for identifying these funds a couple of years ago. 6 And, again, this is an opportunity to really help some folks 7 who need help, and this is a great project to help put in 8 these kind of systems. And, Ray, I appreciate your hard work 9 in working with everything, and I know we look forward to 10 helping some folks with these funds. Thank you. 11 MS. LENEHAN: Thank you. 12 JUDGE TINLEY: Any further question or discussion? 13 All in favor of the motion, signify by raising your right 14 hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. Let's move 19 to Item 4; to consider, discuss, take appropriate action on 20 resolution to apply for 2011-12 Texas Community Development 21 Block Grant assistance funds, Colonia Fund for Kerrville 22 South sewer extension, commit local match, and authorize the 23 Judge to execute related interlocal agreement with the City 24 of Kerrville. Commissioner Overby? 25 COMMISSIONER OVERBY: Obviously, we have also here 5-23-11 29 1 Eric Hartzell, and obviously Regan; we're glad to have you 2 here. Nothing against Eric today, but we're glad to have you 3 here. Before Regan talks, and talks about the next 4 application process here in the Kerrville South sewer 5 project, I wanted to give you just an update real quick, 6 Commissioner Baldwin and I, on Phase IV of this project 7 that's moving in the process of completing here in the -- 8 hopefully in the next couple of days, Commissioner Baldwin. 9 As you know, Kerrville South wastewater project has been 10 ongoing for several years, and we are in the final stages of 11 Phase IV getting completed. And we have a -- a date, 12 hopefully, of May 31st, is the date that we're hoping to have 13 completed for this Phase IV. 14 And these phases have helped an issue in the past, 15 if you remember. If you're new to Kerrville or Kerr County, 16 Camp Meeting Creek had a lot of pollution in the creek many 17 years ago, and these different phases of this project with 18 Kerrville South wastewater project, working with the City of 19 Kerrville and Kerr County, U.G.R.A. over the years, we've 20 been doing it piece by piece in phases to move along and help 21 alleviate some of those sewage situations. I'm glad to hear 22 that the Camp Meeting Creek is a whole lot better now in a 23 lot of the testing that they've done. But we have -- 24 Commissioner Baldwin and I have been meeting with Tetra Tech 25 and with Grantworks and Rubio Construction over Phase IV here 5-23-11 30 1 the last couple of weeks in trying to make sure -- our 2 timeline and everything that we're doing is very tight. 3 MS. LENEHAN: Very tight. 4 COMMISSIONER OVERBY: And Regan's going to talk 5 about that right here, and our application process is coming 6 up. But we're -- in the next few days, we hope Phase IV can 7 be completed, and Regan is here to talk about the application 8 and the interlocal and the resolution. 9 MS. LENEHAN: Thank you, Commissioner. Thank you, 10 Judge. This is Phase V of the Kerrville South project, and 11 the County has an opportunity to apply for $500,000 in grant 12 funds on June 3rd, so right around the corner. And -- and 13 the Phase V portion of the project will hopefully finish 14 things up, but probably -- probably not. We're looking at 15 trying to address about nine units on Ranchero Road, and go 16 as far to finish up Quail Valley as we're able to with the 17 budget. This will include some improvements to some of the 18 main line, as well as the lift station in order to 19 accommodate these extra connections. And the County has 20 already held a public hearing about the -- the new 21 application, so the next step in the process is to pass a 22 resolution that resolves the county to apply for the grant, 23 and it also commits the county to $25,000 worth of in-kind 24 and cash match -- in-kind and/or cash match, and -- and 25 execute an interlocal agreement between the City of Kerrville 5-23-11 31 1 and Kerr County to provide service to the homes. 2 JUDGE TINLEY: The need to have the interlocal 3 agreement with the City of Kerrville, would you elaborate on 4 that a bit? 5 MS. LENEHAN: Sure. The County applies for the 6 grant, and the grant's in the county's name, but the City of 7 Kerrville provides the service. So, there needs to be an 8 agreement prior to the submission of the application that 9 shows that, you know, the County isn't going to go apply for 10 a grant, and the City says, "Oh, we're not providing the 11 service." So, there needs to be agreement prior to the 12 submission of the application to show that, you know, if the 13 County receives the funds, puts in the lines and connects the 14 homeowners, that the City will provide the service -- the 15 sewer service to those homeowners. 16 COMMISSIONER OEHLER: Do we have that agreement? 17 COMMISSIONER OVERBY: The interlocal -- the 18 agreement's right in front of you right now. Yes, you do. I 19 also would like to -- on the timeline that we're talking 20 about, again, all this is coming right now. It's just 21 been -- we've been dancing the fine line and trying to get 22 everything to work with the timeline that we have. There are 23 no other applications available through this year. I mean, 24 we have to hit this right here. 25 MS. LENEHAN: Right. 5-23-11 32 1 COMMISSIONER OVERBY: And so that's what we're 2 trying to do. Again, this application goes in. We really -- 3 in the previous funding agreements, we didn't really get 4 scored on the first level going through in the past. We 5 always hoped to, but we normally are on their second run 6 of -- of awards that go to the county. And so we're -- 7 realistically, with the application going in, if we're 8 successful, we wouldn't be awarded the funding till 2012 9 anyway. 10 MS. LENEHAN: Right. 11 COMMISSIONER OVERBY: It would be late spring or 12 summer. After that, if we're awarded the funding for half a 13 million, then you have the engineering process, which takes 14 six months, and -- and then you would get into the 15 construction of the phase, so you're in 2013 and moving down 16 the road. It's an understanding that we all understand that 17 we're -- our hopes were that this last grant was going to be 18 the final phase so that we completed this project, but that's 19 most likely not going to happen, as Regan has stated. We 20 probably are still going to be looking at about a $300,000 to 21 250,000 request to finish up the rest of Quail Valley and the 22 apartments, which would be in the 2013-14 cycle. 23 MS. LENEHAN: Exactly. And so that application 24 could be applied for next year. About this time next year, 25 we could apply for that additional funding. And, you know, 5-23-11 33 1 this -- this program is the same basic grant framework we've 2 applied for since 2001 in order to tackle this area and 3 construct the project phases. The interlocal used to be 4 between the County and U.G.R.A., when U.G.R.A. owned the 5 system. It's now between the County and the City of 6 Kerrville, so that's a little bit of a different step in the 7 process. However, the interlocal agreement has always been a 8 requirement of the grant. And, you know, this -- this 9 project is -- the Kerrville South project is really an 10 amazing example of how the T.D.R.A. funds can be leveraged to 11 tackle such a large project. And it's really -- you know, 12 the County's received over $2 million towards this project, 13 and it hooked up over 200 homes, so it's really a pretty 14 amazing example of how well these projects can be done in 15 phases and, you know, how -- what an amazing opportunity it 16 is to leverage that funding from the state to work piece by 17 piece and, you know, and tackle those problems. And it's 18 done, I'm sure, a significant amount of -- of efforts towards 19 cleaning up the creek, as you had mentioned in the beginning. 20 So -- 21 COMMISSIONER OEHLER: That's -- 22 JUDGE TINLEY: You've reviewed the local agreement, 23 I believe? 24 MR. HENNEKE: Judge, I have. I worked with 25 Commissioner Overby over the weekend. There were some 5-23-11 34 1 comments that the City had sent back on a draft interlocal. 2 The document in front of you reflects my edits, which 3 yesterday I visited with Mr. Parton on conceptually. He was 4 okay with those edits, and then this morning, after him and 5 the City Attorney had had a chance to review the specific 6 language, Mr. Parton and Mr. Hayes advised me that they were 7 in agreement with the changes, and it would be their 8 recommendation that the City Council adopt tomorrow what is 9 before the Court for consideration and adoption. So, I 10 believe from my communications with them, the issues have 11 been addressed. This specifies the cap on the County's 12 obligation under Paragraph 13 being $25,000 in either in-kind 13 or cash, and also stipulates that, you know, the scope -- 14 completion of the scope of this agreement is, of course, 15 subject to available grant funds, but if we run out of money, 16 we'll make our -- our best effort to go get more. And that's 17 where we're at. 18 JUDGE TINLEY: Mr. Kevin Coleman, I believe 19 Director of Development Services -- is that your correct 20 title? 21 MR. COLEMAN: That's right. 22 JUDGE TINLEY: You're here with us from the City of 23 Kerrville, sporting a new do, it appears. 24 MR. COLEMAN: Lack of one. 25 JUDGE TINLEY: I see. (Laughter.) Any comments 5-23-11 35 1 here that you or Mr. Browning would like to make with regards 2 to this matter? 3 MR. COLEMAN: No, I think the attorney summed it up 4 pretty well. Council considers the same action tomorrow 5 night, and -- 6 JUDGE TINLEY: Okay. I gather that you guys have 7 been involved, at least on the periphery, and things are all 8 matched together? 9 MR. COLEMAN: Sure thing. 10 JUDGE TINLEY: Good enough. We appreciate you 11 being here. 12 COMMISSIONER BALDWIN: Judge, before we make a 13 motion, I wanted to remind our dear friends in the city over 14 there that counties don't have ordinance-making powers, but 15 we have special permission from the State to make one, and 16 that's if city employees come over here, they have to have a 17 haircut before they come. (Laughter.) 18 JUDGE TINLEY: Are you the one that prompted the 19 new do on Mr. Coleman? I don't think you can improve on it. 20 COMMISSIONER BALDWIN: What's the deal? 21 MR. COLEMAN: I lost a bet. (Laughter.) 22 COMMISSIONER OVERBY: Don't bet. 23 MR. COLEMAN: To my wife. 24 COMMISSIONER BALDWIN: Oh, your wife. 25 MR. COLEMAN: She collected. 5-23-11 36 1 JUDGE TINLEY: Well, I started to say he's a man of 2 his word, but when he said to his wife, boy, we know that has 3 to work. 4 COMMISSIONER BALDWIN: I know his wife. I know 5 what he's saying. (Laughter.) Very good. 6 JUDGE TINLEY: Well, at least it's peaceful at 7 home, right? 8 MR. COLEMAN: Yes. He asked me, how'd it go over? 9 I said I got two votes against and an abstention at my house. 10 JUDGE TINLEY: Okay. Any further questions or 11 comments with regard to the presentation? Do I have a 12 motion? 13 COMMISSIONER OVERBY: I'll make a motion to approve 14 the resolution to apply for the 2011-2012 Texas Community 15 Development Block Grant assistance under the Colonia Fund for 16 Kerrville South sewer extension, Phase V, commit local match, 17 and authorize County Judge Pat Tinley to execute related 18 interlocal agreements with the City of Kerrville. 19 COMMISSIONER BALDWIN: Second. 20 JUDGE TINLEY: Motion made and seconded as 21 indicated. Further question or discussion? All in favor of 22 the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 5-23-11 37 1 JUDGE TINLEY: That motion does carry. Thank you, 2 ma'am. 3 COMMISSIONER OVERBY: Thank you, Regan. 4 MS. LENEHAN: Thank you. 5 JUDGE TINLEY: On Item 5, I was advised by Mr. Odom 6 that that item needed to be passed because of some other 7 matters that are going to delay that, so let's move on to 8 Item 6; consider, discuss, take appropriate action to set a 9 public hearing for proposed stop signs at the intersection of 10 Gaddis -- is it Gattis or Gaddis? 11 MR. ODOM: Gaddis. 12 JUDGE TINLEY: Gaddis Bluff North and Cypress Creek 13 North located in Precinct 3. Mr. Odom? 14 MR. ODOM: Yes, sir. Mr. Hurst had contacted 15 Commissioner Letz in Precinct 3 concerning installing a stop 16 sign at Gattis Bluff and Cypress Creek North. At this time, 17 we ask the Court to set a public hearing for the proposed 18 stop sign at Gaddis Bluff North and Cypress Creek North for 19 Monday, June the 27th, 2011, at 9 a.m. 20 COMMISSIONER LETZ: Move approval. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded to set a 23 public hearing on the matter June 27th, 2011, at 9 a.m. 24 Question or discussion? 25 COMMISSIONER LETZ: Just a quick comment on that. 5-23-11 38 1 It's kind of an odd intersection. If you don't know, it's 2 kind of a "Y" with three roads -- two roads -- I guess two 3 roads intersect right there. And Mr. Hurst's fence keeps on 4 getting run into from people running right through it, and so 5 it's probably a good idea to get this done. 6 COMMISSIONER BALDWIN: That's kind of the way they 7 do it down there in Comfort. 8 JUDGE TINLEY: Further question or discussion? All 9 in favor, 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 carries. Let's go to Item 7; 14 to consider, discuss, take appropriate action to set a public 15 hearing concerning the proposed private road name of Sour 16 Mash Trail North to be dropped and discontinued. Mr. Odom? 17 MR. ODOM: Yes, sir. Mr. DelToro had contacted the 18 office requesting this name on this private road to be 19 dropped. We had checked with the Kerr County Appraisal 20 District, and it showed that there were two property owners 21 on this. The road is not being dropped, but the name is what 22 we're proposing to do for Mr. DelToro. So, at this time, we 23 ask the Court to set a public hearing for Monday, June the 24 27th, 2011, at 9:15 a.m. concerning the proposed private road 25 name of Sour Mash Trail North be dropped and discontinued in 5-23-11 39 1 Precinct 3. 2 COMMISSIONER LETZ: And a new name is going to be 3 proposed for the road? 4 MR. ODOM: Well, at this time, I don't think so. 5 MS. HOFFER: Not yet. 6 COMMISSIONER LETZ: But, I mean, it will at some 7 point? 8 MS. HOFFER: I would hope so, through the 911 9 office. But they -- 10 COMMISSIONER OEHLER: They don't have a proposed 11 name. 12 COMMISSIONER LETZ: And the reason that Mr. DelToro 13 gave is because the name is not appropriate? 14 MR. ODOM: I would assume that the name is not 15 appropriate. I would be worried about what was happening at 16 the end of the road, anyway. Sheriff might want to check it 17 out; I don't know. 18 COMMISSIONER LETZ: All right. 19 JUDGE TINLEY: Are we going to have to take some 20 action with regard to the subdivision just north of I-10, to 21 the east of Highway 16? 22 MR. ODOM: Sir? 23 JUDGE TINLEY: Whiskey Canyon. 24 MR. ODOM: Oh, Whiskey Canyon? Well, that one, I 25 guess that's thriving and going, so I -- 5-23-11 40 1 JUDGE TINLEY: I see. 2 COMMISSIONER OEHLER: Does Sour Mash run off of 3 that? 4 MR. ODOM: Sour Mash, I guess, was -- that goes in 5 -- Schultz goes in the back of it; I'll say that. That might 6 be something -- I don't know. 7 COMMISSIONER LETZ: To me, it's a little bit odd. 8 I don't see that much wrong with the name. I mean, I 9 wouldn't want to live on it, but -- 10 MR. ODOM: Well, that's why we're setting a public 11 hearing. If someone objects to it, they can come and -- 12 COMMISSIONER LETZ: We can discuss it. All right. 13 JUDGE TINLEY: And when do you want that public 14 hearing? 15 MR. ODOM: For June the 27th, 2011, at 9:15 a.m. 16 COMMISSIONER LETZ: Move approval. 17 COMMISSIONER OEHLER: Second. 18 JUDGE TINLEY: Motion made and seconded to set a 19 public hearing on the matter for June 27, 2011, at 9:15 a.m. 20 Further question or discussion? All in favor, signify by 21 raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. Let's go to Item 8; 5-23-11 41 1 to consider, discuss, take appropriate plan -- appropriate 2 action to review the concept plan for the Heights of 3 Kerrville Re-Development located in Precinct 1. 4 MR. ODOM: Yes, sir. This looks like I've written 5 a thesis for everybody to review here, but it gives you a 6 little bit of background of what -- what happened. Over a 7 year ago, in 2009, this was developed. It went before the 8 Court. It was in the ETJ of the City of Kerrville, and at 9 that time they had jurisdiction to build it, and had 10 authorization from Court. The City -- and I see that we have 11 some city people here -- can speak to this if there's some 12 questions, but essentially, they're asking for permission to 13 go forward to redevelop this from 57 to 100 lots, which is 14 permissible. 15 COMMISSIONER OVERBY: 57 to 100? 16 MR. ODOM: 100, yes, sir. The streets are already 17 -- the infrastructure's in place. There's not any change to 18 the infrastructure, so essentially it is built, is in place. 19 It's a 60-foot right-of-way, curb and gutter. They have city 20 water. I believe there are some questions on O.S.S.F. that 21 the City would have to resolve before they'd go to their 22 Planning and Zoning board, I would assume. And Ray and them 23 would have a problem. I do not have a problem. I could not 24 get in, but everything is built. It is locked up. And as 25 far as I'm concerned, the letter says that the first permit 5-23-11 42 1 that comes before the City to be built, they will annex it, 2 so it'll be totally in their jurisdiction. It'll be private 3 roads, be privately maintained, so it really doesn't affect 4 the Court. So, I wanted to have guidance from the Court here 5 if they're -- would agree to this, that the City could move 6 forward and allow this redevelopment to occur from 57 lots, I 7 believe, to 100. So -- 8 JUDGE TINLEY: Primary impact on the county 9 ultimately will be the on-site septic -- 10 MR. ODOM: That's it. 11 JUDGE TINLEY: -- issues. 12 MR. ODOM: Right. 13 COMMISSIONER OEHLER: Which can pose a problem with 14 the terrain. 15 COMMISSIONER BALDWIN: Yeah. And I would hope that 16 our O.S.S.F. people will be able to get in there and look at 17 it before they make any kind of final decisions. Ray? 18 MR. GARCIA: We have, Buster. And -- 19 COMMISSIONER BALDWIN: How'd you get in? 20 MR. GARCIA: The one before. On the first one, we 21 got in. 22 COMMISSIONER BALDWIN: Okay. 23 MR. GARCIA: Not the second one here yet. The 24 problem that -- that I see on that, we've been discussing 25 amongst ourselves that, again, these lots are going -- 5-23-11 43 1 they're going from 57 to -- which poses more problems for 2 people when they purchase those lots. We got up to 30 3 percent grades in there. Again, topography in there is like 4 the hill country; I mean, they try to put a system on the 5 side of a hill. And when these people come in to buy these 6 pieces of property, that's the last thing on their mind most 7 of the time. They come in there, they submit the planning 8 materials to our department, and then we come back with, "No, 9 you're going to need this, this, and that as the minimum 10 requirements for the state rules." Again, this is just -- 11 it's a huge concern, because these people come in on small 12 lots; they're trying to fit a -- whatever, 1,900-plus square 13 foot home, trying to get a system to accommodate that. It's 14 going to be expensive, not to mention it's going to run into 15 its own problems with the drainage. So, I just wanted to 16 make the Court aware of that. On this planning, we are 17 working with them. But, again, the situation presents itself 18 because of the topography out there. 19 COMMISSIONER LETZ: The -- 20 JUDGE TINLEY: What's the average size of the lot 21 when they go to 100 lots? 22 MR. GARCIA: I'm not sure what -- 23 COMMISSIONER LETZ: The minimum is 1 acre. 24 MR. ODOM: One acre. 25 MR. GARCIA: I believe -- 5-23-11 44 1 MR. ODOM: We can have up to 102 lots. 2 JUDGE TINLEY: At 1 acre? 3 MR. ODOM: Well, total in the development. 4 JUDGE TINLEY: Mm-hmm. 5 COMMISSIONER OVERBY: I think they originally were 6 trying to sell them 2, 4, and up to 12 acres. Is that -- 7 something like that? So -- 8 MR. ODOM: Bigger lots. 9 COMMISSIONER LETZ: They were 2.4 acres. Now 10 they're down -- 11 MR. ODOM: They were around two-something, I think. 12 COMMISSIONER LETZ: I think that these -- I mean, 13 by looking at the scale, looking at the lot sizes, it appears 14 to me that there's a number of lots that you're not going to 15 put a septic system on. I mean, there's -- you know, I 16 presume that -- 17 COMMISSIONER OEHLER: Yeah. 18 COMMISSIONER LETZ: -- there's a whole -- 19 COMMISSIONER OEHLER: Whole bunch of them. 20 COMMISSIONER LETZ: Right in the middle, I don't 21 see -- there's a whole section right there that I don't see 22 economically putting a system in. The other question I have 23 is drainage. And I guess this really goes to the City. Has 24 the City looked at the drainage issues and where the runoff's 25 going? Is there retention structures going in? 5-23-11 45 1 MR. BROWNING: They were deemed adequate from the 2 last development, and they have made no changes other than 3 adding a few lots. Our folks are looking at the increase of 4 lots versus the drainage systems and such. 5 JUDGE TINLEY: That was Mr. Gordon Browning with 6 City of Kerrville. 7 COMMISSIONER LETZ: But did -- I mean, and I'm 8 just -- if this gets annexed, like -- I guess that's the 9 plan. Does -- I mean, just a question, really. Does the 10 City's ordinance policy -- do they address the -- I guess the 11 impermeability that's going to happen up here, I mean, on a 12 1-acre lot, putting in this much hardscape, I mean, houses 13 and driveways? I mean, the increased drainage is going to be 14 huge, the runoff. I mean, the -- and I don't know -- I mean, 15 generally we look at, in the county, pre-development, 16 post-development, but not post-construction. I was wondering 17 how the City's -- 18 MR. COLEMAN: The current plan -- the original 19 plan, the 57-acre plan, had some on-site detention. We've 20 asked the development -- the developer's engineer to run back 21 through the calculations based on moving from 57 -- an 22 average coverage on those 57 lots to the 102, 100 -- 23 MR. ODOM: 100. 24 MR. COLEMAN: -- lots. And what those -- if 25 there's a change in calculation, changing the pervious cover 5-23-11 46 1 that's projected in there, that the existing drainage 2 structures can suffice within -- I do know that there was a 3 margin of overbuilt in the existing facilities. The question 4 is, does that margin cover the additional demand? And we've 5 challenged their engineer to come clean with those numbers. 6 COMMISSIONER LETZ: Is there a reason that the City 7 doesn't look at annexing this prior to selling the first lot? 8 MR. COLEMAN: No. This is tied to a development 9 agreement that was in place back in '09, or was put in place 10 back in '09. That development agreement, by design, rolls to 11 the new owner. I -- it was a negotiated item between the 12 City and the prior developer, I think to avoid the tax burden 13 while the lots are unsold. And the trigger that's built in 14 is simply annexation upon purchase and permit of the first 15 house to be built out there. Not on a lot-by-lot basis, but 16 that -- that first permit then triggers annexation for the 17 entire development at the same time. 18 COMMISSIONER LETZ: That's something that y'all 19 could relook at, considering it's coming back for a 20 redevelopment. 21 MR. COLEMAN: We can. We internally talked about 22 not opening up that development agreement just to address 23 that. Of course, the owner has the opportunity to come in 24 and say, "I'd like to be annexed today." 25 COMMISSIONER LETZ: Right. 5-23-11 47 1 MR. COLEMAN: And kind of clear the slate. And Len 2 did a good job of opening this, but I wanted to make sure -- 3 I didn't think I'd talk that long. What this is really 4 about, kind of, from the City's point of view to the County's 5 point of view, is process. When we first took this through, 6 the ETJ agreement in place called for the City to review 7 anything in the ETJ. We've kind of set that aside, and 8 there's joint review from the County and the City on all 9 plats within the ETJ. Internally, we're handling this as a 10 replat of an existing subdivision. Y'all never approved a 11 final plat for this, because it kind of entered your system 12 and then went away under that old agreement. Our intent is 13 to carry it through as a replat through us, and to hold 14 within that replat a very specific and detailed line of -- 15 addressing the O.S.S.F. and concerns from your environmental 16 services staff, but not to necessarily bring it through your 17 process step-by-step. We thought bringing a concept plan at 18 this point, with the assurance that your O.S.S.F. folks are 19 going to be engaged in the process throughout. Leonard 20 mentioned that the -- that the roads that are there and exist 21 are destined to be private, and the City's providing the 22 water to the subdivision. So, today's question is really 23 about process and when you guys need to see it again, or do 24 you need to see it again? Or -- or are you willing to let 25 your staff kind of look at that and bring it to -- be 5-23-11 48 1 involved in the process throughout, but bring it to you one 2 more time, kind of? 3 COMMISSIONER LETZ: My feeling is that this has to 4 go through our whole platting process. I don't see how we 5 can legally, with the way we are right now, have a plat in 6 the county exist that we don't approve the preliminary plat 7 on, and a final plat on. I mean, I don't see how you can -- 8 it's got to get into the county system. And I don't -- since 9 we don't have the ETJ agreement, we really don't have it in 10 there, and I think that's the only way that I would be 11 comfortable of the -- our Environmental Health Department 12 having a control point on this, which I think is a big -- 13 very important issue. 14 MR. COLEMAN: I understand that. And, again, by no 15 means -- I know your rules as well as y'all do. So, this is 16 really driven by the developer's engineer, and maybe I'll ask 17 him to kind of come up and talk through most of this. But 18 from the City's point of view, truly, we just want to know -- 19 COMMISSIONER LETZ: Sure. 20 MR. COLEMAN: -- what needs to happen from your 21 board to our P & Z before we -- we see this again. 22 COMMISSIONER OEHLER: How long -- if you annex 23 them, how long will it be before you extend sewer to them? 24 MR. COLEMAN: In fact, the current plan wouldn't be 25 to extend sewer. 5-23-11 49 1 COMMISSIONER OVERBY: Never extend sewer? 2 MR. COLEMAN: Right. 3 COMMISSIONER LETZ: Would be a septic system. 4 COMMISSIONER OEHLER: I understand that. I just 5 thought once they're annexed, maybe -- 6 COMMISSIONER LETZ: It was planned that way 7 originally, as I recall. 8 MR. COLEMAN: That's correct. 9 COMMISSIONER OEHLER: Wow. This -- you know, I can 10 see quite a few lots are going to be real hard to get septic 11 on. Ray has talked to me about this before. You know, let's 12 see what happens, I guess. 13 COMMISSIONER LETZ: I mean, I think the -- you 14 know, to the County Attorney, I mean, doesn't this really 15 need to get a preliminary plat and then a final plat? I 16 mean, isn't that the process? Or -- 17 MR. HENNEKE: Yeah. 18 COMMISSIONER LETZ: We never -- 19 MR. HENNEKE: Yes. I mean, -- 20 COMMISSIONER LETZ: I don't see how we do it 21 without doing that. 22 MR. HENNEKE: -- as long as it's in the ETJ, it 23 needs to go through both. That's the way it's set up in the 24 Local Government Code, and we can't just not approve it. 25 COMMISSIONER OEHLER: I guess if they annexed it 5-23-11 50 1 first, then that would change the process. 2 MR. ODOM: Change the process. You know, you've 3 already got a situation -- the roads are built. Everything's 4 up to snuff and met the 57, now the 100, so what do we -- 5 which direction do you wish us to go? 6 COMMISSIONER BALDWIN: I can't imagine us approving 7 something that we know that there's possible problems with. 8 I don't -- I don't know why we're sitting here talking about 9 this. No is the answer. You know, if they're -- if 10 they're -- if Ray is not happy, I'm not happy. 11 JUDGE TINLEY: Kind of like mom, huh? 12 COMMISSIONER BALDWIN: A lot like mom, and that 13 haircut back there. 14 MR. ODOM: This engineer is going to have to 15 resolve the issue. 16 MR. KOLACNY: Ken Kolacny with Matkin Hoover 17 Engineering. That is definitely -- we understand the 18 concerns with O.S.S.F., and that is our first priority. In 19 fact, the new owner has already contracted with Wastewater 20 Solutions to start the review and the concept plan. That's 21 all it is at this time is a concept with the 100 lots. And 22 we are -- that's kind of a starting point. And if, during 23 Wastewater Solution's evaluation, if they determine that some 24 of those lots are definitely not conducive to O.S.S.F., then 25 they will be scratched from the plan. So, it's definitely a 5-23-11 51 1 concern we're -- we're aware of, and it's our first priority. 2 COMMISSIONER BALDWIN: Cool. So, the other 3 question is, do they need to come back? 4 COMMISSIONER LETZ: Yes. 5 MR. HENNEKE: Well, today, as I understand, there's 6 really no action before the Court. This concept plan is just 7 to make the Court aware of the issues that are out there, but 8 it would have to come back, because there's no preliminary or 9 final approval before you gentlemen, and I guess this was 10 just an information session to make y'all aware of it. 11 But -- 12 COMMISSIONER BALDWIN: Well, even though it's a 13 concept, I don't want them to go away thinking that we've 14 endorsed it in any way by nodding our head or any -- in any 15 other way. 16 MR. HENNEKE: And I think that -- yeah. I think 17 that should be -- 18 COMMISSIONER BALDWIN: The official way to say yes 19 or no is through the -- through the process. So -- 20 JUDGE TINLEY: The purpose today, then, is merely 21 to put us on notice that there's an intent to increase the 22 number of lots that are consistent, utilizing all of the 23 development processes which will permit installation of 24 O.S.S.F. on each of the lots as finally determined? 25 MR. KOLACNY: Well, and as Mr. Odom mentioned, we 5-23-11 52 1 came to the City and to -- to his office asking, you know, 2 what is the procedure -- 3 COMMISSIONER LETZ: Right. 4 MR. KOLACNY: -- to go through, since this is a 5 unique situation where it's already platted. Through the 6 City, it's just a replat; it's a one-step process. And the 7 County didn't have the main jurisdiction, you know, at that 8 time. Now that you do now, is it a preliminary and a final 9 full process? Maybe that's more a question for the County 10 Attorney. So -- 11 COMMISSIONER LETZ: I mean, I think he answered it. 12 I think it's got to be a -- have to come into our system, get 13 in there through a preliminary, and I think then a final. At 14 some point, you know, the preliminary would have to be done, 15 obviously. In the interim, I think our final would be the -- 16 their replat. Those should be the same documents, I would 17 think. But the other thing that I just -- I note when you go 18 by our rules, just to make sure you're aware -- I think I'm 19 right, Len -- when you go that number of lots, you increase 20 the right-of-way requirements in the county, at least on that 21 entry road. 22 MR. ODOM: We discussed that. Our rule would be 90 23 feet, I believe. I think that's what we discussed. But 24 you've already got something -- 25 COMMISSIONER LETZ: Built. 5-23-11 53 1 MR. ODOM: -- built. And we would need a variance 2 on the main road, not the -- 3 COMMISSIONER LETZ: Side roads. 4 MR. ODOM: -- side roads. I don't have a problem 5 there. But on the main road going through there, that 6 right-of-way at 60 foot is not enough. We've discussed that 7 with the City. I discussed that with the City and Ken, and 8 that's the reason I put it in there. There would have to be 9 a variance at 60 foot on this. But it meets their criteria. 10 Their -- their requirements are different than ours when they 11 get in there. They didn't look at it -- the City didn't look 12 at it the same way that I look at it, and I looked at the 13 main road. 14 COMMISSIONER LETZ: Is there one entrance or two? 15 MR. KOLACNY: Two entrances. 16 MR. ODOM: Two. 17 COMMISSIONER LETZ: That might help some. But I 18 think that's just another issue. And, of course, you could 19 avoid all this by having it annexed. 20 MR. ODOM: That's correct. 21 JUDGE TINLEY: For the third time, did you hear 22 that? 23 MR. COLEMAN: It's the fourth. 24 JUDGE TINLEY: Oh, fourth? 25 COMMISSIONER LETZ: But that would direct the 5-23-11 54 1 engineer, Mr. Kolacny. 2 MR. ODOM: Yeah, that's right. 3 JUDGE TINLEY: Okay. We wrung that one out? 4 MR. KOLACNY: Thank you. 5 JUDGE TINLEY: Thank you, gentlemen. 6 COMMISSIONER OVERBY: Thank you. 7 JUDGE TINLEY: Let's go to Item 9; to consider, 8 discuss, take appropriate action on request from the 9 Kerrville Area Chamber of Commerce to use the Hill Country 10 Youth Exhibit Center for a Kerrville Open Pro Rodeo, Chili 11 Cook-off, and Brew Festival on August 5th and 6th, 2011. 12 MS. CRADDOCK: Good morning. 13 JUDGE TINLEY: Maybe we need to temporarily name 14 that street Sour Mash. (Laughter.) 15 MS. CRADDOCK: Kristan Craddock with the Kerrville 16 Area Chamber of Commerce. I'm here today to present to you a 17 new event that we've put together, Kerr Fest 2011, scheduled 18 for August 5th and 6th. We would like the Court to approve 19 use of the outdoor arena that you have recently put up, the 20 indoor arena facilities, and also some of the surrounding 21 grounds at the Hill Country Youth Exhibit Center during the 22 weekend of -- the Friday and Saturday, August 5th and 6th. 23 We've got a team together with the Chamber: Denny Foster 24 with Lemon Tree Cleaners, Keri Wilt with Grape Juice, Kyle 25 Bond with Terminix, Penni Carr with Texas Arts and Crafts 5-23-11 55 1 Educational Foundation, and we are looking to have an open 2 rodeo, a chili cook-off, and a brew fest. Also, we would 3 like to be able to park some RV's on the grounds that will 4 not need hookups, just overnight camping for the chili 5 cook-off. And we also request in-kind services from county 6 personnel to move the bleachers outside for the rodeo event 7 on Friday and Saturday evening. Of course, we -- we would 8 like to see plans presented to the Court soon so that you all 9 can go out to bid on some of the -- the bleachers and the 10 lights and the restroom facilities that you have planned 11 there with Mr. Lewis. 12 COMMISSIONER OEHLER: It's finally on the way, I 13 think. 14 MS. CRADDOCK: Good. Great. We've really been 15 pushing for that. We have a great relationship with him, and 16 have asked him to push for that. It would, of course, really 17 help with our events. This will be the first year to have 18 these three different things together, the chili cook-off, 19 the brew fest, and the rodeo, but there has been a rodeo out 20 there for several years on this actual weekend. There's also 21 a dog agility show scheduled for out there, so, of course, we 22 want to work with them, partner with them, attend their 23 event; they attend our event. And we're asking for a waiver 24 of the facility rental fees for that weekend. 25 JUDGE TINLEY: Aha, now you hit -- you hit the 5-23-11 56 1 nerve there, didn't you? 2 COMMISSIONER OEHLER: Well, you know, this is a -- 3 I met with them, Guy and I did, a week or so ago, and this is 4 the first time that I've ever seen a -- you know, or been 5 asked that all three groups participate together to put on 6 some kind of a function, that is probably good for everybody 7 in the surrounding area, especially the city of Kerrville. 8 And, of course, it will benefit the county some as well. And 9 I'm -- you know, I'm kind of excited to see somebody actually 10 promote something where you get the Chamber, the 11 Convention/Visitors Bureau, the City of Kerrville, and the 12 County all involved together to put on some kind of an event. 13 COMMISSIONER OVERBY: That's right. 14 COMMISSIONER OEHLER: And they would like to make 15 this an annual event, from what was explained in their little 16 meeting. 17 MS. CRADDOCK: Yes, sir. 18 COMMISSIONER OEHLER: And grow it every year into 19 something a little larger. One of the requests is to be able 20 to park RV's in the park -- they're totally self-contained -- 21 for the chili cook-off. 22 JUDGE TINLEY: Are we talking about down in Flat 23 Rock? 24 COMMISSIONER OEHLER: Yes. 25 MS. CRADDOCK: That was actually our original 5-23-11 57 1 proposal, but now, actually, we're just going to ask that 2 those RV's be parked up -- 3 COMMISSIONER OEHLER: Up on top? 4 MS. CRADDOCK: Up on top, yes, sir. And we're just 5 going to start there. We want to have a good, successful 6 event, and then branch it out. One of the reasons this 7 started -- a couple of reasons that this event came in our 8 heads, was there's a lot of little hill country 9 communities -- Blanco, Wimberley -- that have these rodeo 10 weekends. And we've got Lester Meier out of Fredericksburg 11 who can put the rodeo part on for us. And then the other 12 deal is the Flat Rock Lake. Some of us have really seen the 13 possibilities for that area, so we'd like to use that area. 14 COMMISSIONER OVERBY: I think -- just chiming in, 15 just, again, what Commissioner Oehler said from our meeting, 16 I think Kristan, again, back to the Chamber board and to your 17 membership, I think it's -- the possibility of this kind of 18 endeavor using the facilities out at the ag facilities, and 19 again, it's putting much more need for this facility to do 20 like Commissioner Oehler's talking about, and getting that 21 renovated and expanding this facility for Kerr County. The 22 possibilities of this weekend has the potential to be a huge 23 attraction for our community, where folks can come in -- and 24 this is just one ag-related event. We've already got, you 25 know the livestock show and other things that are there. But 5-23-11 58 1 I think working with the Chamber, and from comments coming 2 back from the Chamber members, again, they haven't given us a 3 public endorsement, but hearing back from a lot of the 4 Chamber membership board, they want to see the ag facility 5 get expanded and renovated as well, and we've been hearing 6 that from a lot of folks. And I think this is a great 7 weekend, and I think it's got potential to really grow into 8 something special in Kerr County. 9 JUDGE TINLEY: Commissioner, I think you -- it 10 would demonstrate just one of the many potentials that that 11 whole complex out there would have to offer for the future, 12 and what an expansion and an enhancement of that whole 13 facility might provide in the future. And the fact that 14 we've got the Chamber and the C.V.B. and the City and the 15 County all marching in lock-step, I think that also is a 16 wonderful, wonderful step forward to try and utilize these 17 facilities for the benefit of everybody. 18 MS. CRADDOCK: Yes, sir. 19 JUDGE TINLEY: I think it's a great idea, and I -- 20 I know you guys are going to put your heart into it and make 21 it a great success. 22 MS. CRADDOCK: Yes, sir. Thank you. 23 COMMISSIONER OEHLER: I'm more than happy to work 24 with -- I know Jonathan is -- with the -- our staff to make 25 sure that the things that need to happen, happen. 5-23-11 59 1 JUDGE TINLEY: I did a little prodding of Peter 2 Lewis here -- 3 COMMISSIONER OEHLER: Well, he's been prodded 4 several times here. 5 JUDGE TINLEY: Yeah, okay. 6 COMMISSIONER OEHLER: I actually got a phone call 7 from him last week saying that the lighting specialist was in 8 town, and they were on the way out there to determine what it 9 was that was needed. So, we could have lights set up 10 hopefully by the time of this event, and others are coming on 11 along. 12 COMMISSIONER LETZ: I have no problem waiving fees 13 on an event that the County is sponsoring. I mean, which is 14 essentially what we're doing here, so have I no problem. 15 COMMISSIONER OEHLER: Yeah, I don't either. 16 MR. HENNEKE: Kristan, are y'all going to set up a 17 separate entity that's going to be hosting this? Or is 18 the -- I guess, the tenant going to be the Chamber? There's 19 other requirements that go in for when you lease a space, and 20 I know we talked about waiving the lease fees, but making 21 sure that there's security and other things. Is that the 22 Chamber's responsibility, or is there going to be -- 23 MS. CRADDOCK: Ultimately, yes. Yes, we're asking 24 this as the Chamber of Commerce being the -- 25 JUDGE TINLEY: Lead organization. 5-23-11 60 1 MS. CRADDOCK: Yes, correct. 2 JUDGE TINLEY: And y'all would be responsible for 3 satisfying the other requirements. 4 MS. CRADDOCK: Correct. 5 JUDGE TINLEY: Insurance, security, things of that 6 nature. 7 MS. CRADDOCK: Yes, sir. Ultimately, yes. Yes. 8 COMMISSIONER OVERBY: Okay. 9 COMMISSIONER OEHLER: I move approval. 10 COMMISSIONER OVERBY: I'll second that. 11 JUDGE TINLEY: Motion made and seconded for 12 approval of the agenda item. Question or discussion? All in 13 favor, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion does carry. 18 MS. CRADDOCK: Thank you, gentlemen. 19 JUDGE TINLEY: Thank you, ma'am. Appreciate it. 20 The next item, Item 10. Ms. DuBose called early this 21 morning; she's not going to be available. Any member of the 22 Court wish to proceed forward on that without Ms. DuBose here 23 to explain it? We'll go ahead and pass that item. Let's go 24 to Item 11; consider, discuss, and take appropriate action to 25 discuss Live Springs Lane right-of-way issues in the Cave 5-23-11 61 1 Springs Addition, Section 7, and other requirements involved 2 in bringing road up to county standards for county 3 maintenance acceptance, that being located in Precinct 4. 4 Commissioner Oehler, or -- or Mr. Odom. 5 COMMISSIONER OEHLER: Well, I'll kind of start off 6 a little bit, and let Mr. Odom take it over. This -- this 7 road has been discussed and considered in court multiple 8 times over the last however many years. I think it was being 9 discussed back in the '90's, and now here we are in 2011. 10 And I believe that they want to do some certain things to 11 bring that road into county compliance, and can't bring it up 12 to county standards. And also, in order to do this, they're 13 going to need -- one of the options is that they will need a 14 variance on the right-of-way width in order to do this, 15 without having to totally resurvey and replat this -- this 16 little small subdivision that's part of Cave Springs. 17 MR. ODOM: Yeah. What's happened is that, like the 18 Commissioner said, in the past they had the opportunity to 19 come in, and they didn't choose to do so, so it's been 20 privately maintained. Now, they had an option, and we gave 21 them the option that they could reduce the number of lots. 22 If they kept the lots, then the size needs to be increased. 23 Needs to be a 20-foot pavement, 24 foot, and then ditches, 24 instead of 18 foot, which would be country lane. But they 25 want it maintained, so now we're here to resolve the issue. 5-23-11 62 1 I have no problems if they build it. They have a contractor 2 ready to go to build it 20 foot wide with proper drainage. 3 And, you know, I just need to go to the Court, and there's no 4 sense doing the work if the Court's not interested in taking 5 it in. So, that's what we're here for, to see if the Court 6 would be acceptable, if it's built to county standards, to do 7 that. The right-of-way is 50 foot. And you have to go back 8 to -- this Canyon Springs was built in phases over years, I 9 think the late '60's through '70's, and that right-of-way was 10 around 50 foot, and it looks like this was 50 foot. When you 11 got back to the very back, then the right-of-way changed, 12 because our rules changed back around '97 and 2000. And at 13 that point, then it went to 60 foot. This is 50 foot, so if 14 we accept it, either we accept it -- the Court would accept 15 it at the 50 foot, give a variance to the 60-foot standard. 16 We have roads in there that do have -- these side roads are 17 50 foot, and I don't see an issue. It can be built. 18 COMMISSIONER OEHLER: I think some of them are even 19 40, aren't they? 20 MR. ODOM: Some of them are 40. That goes when 21 back to when it was first done up front, probably. 22 COMMISSIONER OEHLER: This is -- this is off of, of 23 course, the main road that goes back through there. It -- 24 they've agreed to bring the road under -- under county -- or 25 build it under county specs. And we will -- then we'll be 5-23-11 63 1 working with the contractor to make sure that they do that. 2 I don't have a problem with giving the variance to allow them 3 to have 50 foot, and put this thing to bed. It's been talked 4 about for -- 5 MR. ODOM: For years. 6 COMMISSIONER OEHLER: -- maybe 16 years. 7 COMMISSIONER OVERBY: It's a very short road. 8 MR. ODOM: Very short. 9 COMMISSIONER OVERBY: About a quarter of a mile? 10 MR. ODOM: Yes, about 1,200 feet and cul-de-sac. 11 And nothing's going to be added to it. 12 COMMISSIONER BALDWIN: What about the base material 13 and these issues that are addressed in here? 14 MR. ODOM: It'll be 8 inches of crushed limestone 15 and double penetration, and the ditches. 16 COMMISSIONER BALDWIN: County standards? 17 MR. ODOM: County standards. 18 COMMISSIONER BALDWIN: Okay. 19 MR. ODOM: What they have is not acceptable. 20 COMMISSIONER BALDWIN: The only thing that we're 21 talking about is the width? 22 MR. ODOM: The right-of-way width. Right-of-way. 23 COMMISSIONER BALDWIN: Right-of-way width, but the 24 pavement width is to be to county standards? 25 MR. ODOM: That's right, sir. 5-23-11 64 1 COMMISSIONER BALDWIN: I have no problem. That 2 goes -- that goes down to where I was born and raised, that 3 little road. So, you may want to continue on it through. 4 COMMISSIONER OEHLER: Not a big hole in the wall 5 down there at a canyon, under a rock or something? 6 COMMISSIONER OVERBY: Oh, man. Don't go there. 7 COMMISSIONER OEHLER: Sure we shouldn't name that 8 Sour Mash? (Laughter.) 9 COMMISSIONER BALDWIN: Okay. 10 JUDGE TINLEY: We might have found the right 11 location. 12 COMMISSIONER BALDWIN: Okay. Okay, that did it. I 13 think I'm angry now. I'm not sure. 14 COMMISSIONER OEHLER: Okay. All right. 15 JUDGE TINLEY: You want to study on that a while? 16 COMMISSIONER BALDWIN: Yeah, I got to study that. 17 COMMISSIONER OEHLER: I move we grant a variance in 18 the right-of-way width to allow 50 foot in Cave Springs 19 Addition, Section 7. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Does that include, once these things 22 are completed, and upon proper inspection, that we accept it 23 into the county road program? 24 COMMISSIONER OEHLER: Well, do you want to do that 25 now, or do you want to -- 5-23-11 65 1 MR. ODOM: You can go ahead. If it's -- it's not 2 going to do -- 3 COMMISSIONER OEHLER: Yes, I'll -- I'll include 4 that in my motion. 5 JUDGE TINLEY: Okay. I have a motion as indicated. 6 Further question or discussion? All in favor of the motion, 7 signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion carries. Thank you, 12 Mr. Odom. 13 MR. ODOM: Yes, sir. 14 JUDGE TINLEY: Let's go to Item 12; consider, 15 discuss, take appropriate action to authorize Juvenile 16 Detention Facility to hire additional staff to replace 17 existing or anticipated vacancies. Mr. Stanton? 18 MR. STANTON: Yes, sir. Unfortunately, we're 19 losing one of our employees that have been out there since 20 I've been out there. She's resigned, or leaving as of 21 tomorrow. And what we're asking to do is to be able -- she's 22 currently our training coordinator, and also our 23 administrative assistant. She does -- she has about five or 24 six different hats she wears. But we're asking to be able to 25 move somebody from back in the back, one of the J.D.O.'s, up 5-23-11 66 1 front into her position, and then hire a part-time to move 2 into that position as a full-time employee. It would 3 actually reduce our payroll budget by $1,400 for this year, 4 and reduce our payroll budget by about $4,200 next year, 5 being able to move these people into the different slots. 6 So, basically, what we're asking is if we can hire -- if we 7 need to hire a part-time female to come in to work as a 8 control room operator. 9 COMMISSIONER OEHLER: Is that for weekends, or 10 what's the -- 11 MR. STANTON: It's a normal shift. 12 COMMISSIONER OEHLER: A normal part-time shift? 13 MR. STANTON: No, sir, a normal full-time shift. 14 We're taking one of our part-timers and moving them into a 15 full-time slot. 16 JUDGE TINLEY: But the one he would hire would be a 17 part-timer. 18 COMMISSIONER OVERBY: To take the one you're moving 19 up to -- 20 MR. STANTON: Yes, sir. 21 JUDGE TINLEY: He uses lots of part-time people out 22 there. I don't know how he figures that scheduling, but he 23 gets that done, so I'm not going to ask. 24 COMMISSIONER LETZ: I think I know the answer, but 25 you need this really to stay in compliance as well? 5-23-11 67 1 MR. STANTON: Yes, sir. Yes, sir. 2 COMMISSIONER LETZ: Not an issue of -- you can't go 3 down. 4 MR. STANTON: The only -- basically, what we're 5 losing, we're losing Heather, who works up front. We're 6 going to move a control room operator into her slot. We're 7 going to move a part-timer into that control room operator's 8 slot. Then we're going to need to hire a new part-timer. 9 COMMISSIONER LETZ: Move approval. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. Question or discussion? All in favor of the 13 motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. Let's go to Item 18 13; consider, discuss, take appropriate action to allow 19 Juvenile Detention Facility to trade in van currently used 20 for facility, purchase another used van. Mr. Stanton, you 21 saved us some money; now you're going to spend it, right? 22 MR. STANTON: Well, I'm spending it out of this 23 budget year. I was contacted by the County Auditor's office 24 last week. She informed me that the Adult Probation 25 Department was getting ready to sell their van that they no 5-23-11 68 1 longer use. That's a 2004 GMC van. We currently have a van 2 that we're not able to use, because it won't run. And 3 we've -- 4 COMMISSIONER BALDWIN: Good reason. 5 MR. STANTON: We've -- we're trying to -- what we 6 want to do is trade it in. Adult Probation Department ended 7 up going ahead and trading it in to Ken Stoepel Ford last 8 Friday. And I was contacted by Ken Stoepel Ford saying that 9 they would sell us the van at exactly what Adult Probation 10 Department was offering to sell it to us for, which is 11 $6,700. We got our van over there; they offered to give us 12 $1,500 for our van, which the net comes out to about $5,200 13 is what we'd have to come up with. We have the $5,200 in our 14 current budget that we could use to purchase the van if it's 15 approved by the County Commissioners. 16 COMMISSIONER LETZ: What are you using right now, 17 if your van doesn't run? 18 MR. STANTON: We have two vans. We have this -- 19 the large black van that we use to transport, and then we 20 also have the smaller white van that we use for local 21 transports around town and things like that, and when we 22 don't have as many kids to take places. 23 COMMISSIONER BALDWIN: I move for approval. 24 COMMISSIONER OVERBY: I'll second that. 25 JUDGE TINLEY: Motion made and seconded for 5-23-11 69 1 approval. Question or discussion? All in favor of the 2 motion, signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: Motion carries. Thank you, Mr. 7 Stanton. 8 MR. STANTON: Thank y'all. 9 JUDGE TINLEY: Item 14; to consider, discuss, take 10 appropriate action to approve Bulletproof Vest Partnership, 11 fiscal year 2011 application. It's getting a little warm out 12 there. You need bulletproof vests now? 13 SHERIFF HIERHOLZER: That's true. It's been a 14 number of years since we were -- we got the grant. This 15 grant pays half; we budget the other half. It's actually a 16 two-year grant, but it lasts us three years with the number 17 of vests we're asking for. What that takes in totally is 34, 18 which is the number of vests that will expire over the next 19 three years, and then I budget the other half. A couple of 20 questions in here that we have to be in compliance with is 21 NIMS, which is the National Incident Management System, which 22 we are in compliance, and policies, and then you have to have 23 a policy on mandatory wear when they're in uniform, and we do 24 have that policy also. Have for a number of years, on both 25 of those. So, it's just an assistance in helping pay -- you 5-23-11 70 1 know, vests now cost about $700 -- between $675 and $700 a 2 piece. And it does -- when you're talking 34 of them over 3 three years, it will assist us in saving quite a bit of that 4 money. And then I just ask that the Judge be allowed to sign 5 it as the executive officer. 6 JUDGE TINLEY: Sheriff, you had mentioned to me 7 that these vests don't have an unlimited lifetime. You might 8 clarify that a little bit so that -- 9 SHERIFF HIERHOLZER: Most of these vests expire 10 after about five years, okay. They -- they don't warranty 11 them any more. The material breaks down in them to where 12 they will not cover them as bulletproof vests after about 13 five years, so you have to constantly replace them. 14 COMMISSIONER OEHLER: So, are you going to get all 15 these at one time? 16 SHERIFF HIERHOLZER: No. No, this is -- 17 COMMISSIONER OEHLER: You're going to do it over a 18 period of time? 19 SHERIFF HIERHOLZER: Over the next -- 20 COMMISSIONER OEHLER: As they expire, you'll get 21 new ones? 22 SHERIFF HIERHOLZER: Over the next three budgets. 23 We're already staggered. 24 COMMISSIONER OEHLER: Okay. 25 SHERIFF HIERHOLZER: And what it is, we've replaced 5-23-11 71 1 some this year on our own. We replaced some last year, and 2 it's just as they come up, we replace them. 3 COMMISSIONER OEHLER: Okay. 4 SHERIFF HIERHOLZER: And the ones that will come 5 up -- you know, the grant will cover two years, but it starts 6 in August. So -- so, reality, I can -- I can do about three 7 years with it, so as they come up, they'll be replaced. 8 JUDGE TINLEY: Bottom line is, instead of us having 9 to replace them 100 cents on the dollar, we're doing it at 50 10 cents on the dollar. 11 COMMISSIONER OEHLER: I kind of like that plan 12 better. 13 COMMISSIONER LETZ: Move approval. 14 COMMISSIONER OVERBY: I'll second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval. Further question or discussion? In all in favor, 17 signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed? 20 (No response.) 21 JUDGE TINLEY: Motion carries. Let's go to Item 22 16; consider, discuss, and take appropriate action regarding 23 the number of security personnel needed for events sponsored 24 by the stock show. Mr. Bauer? Mr. Reeves? Commissioner 25 Oehler? 5-23-11 72 1 COMMISSIONER OEHLER: We kind of all had a meeting 2 about this. You know, we passed some new policy not long ago 3 regarding the number of security staff necessary for 4 functions, you know, certain sizes. It all sounded like a 5 good deal at the time, until you consider stock show, the 6 predicament that it put them in. And so they want to come 7 talk to us about it and see what we can do to maybe have a 8 better understanding of what our policy did to them. 9 MR. REEVES: Thank you, Commissioner. Since the 10 mid-'80's, the association has used exclusively Kerr County 11 Sheriff's Office for security. That's not a question that we 12 bring before you today. Our question -- as you know, we have 13 three major events. Most of you attend our fundraising 14 dinner, which funds scholarships, and auction sale, and 15 appreciation dinner in January, and then our stock show. 16 Using the formula, we would be required to have six officers 17 at a fundraising dinner. Now we have two, which I feel 18 there's been adequate numbers. Sheriff Hierholzer may have 19 something to that effect, whether the two is adequate or not. 20 The biggest concern is the stock show. Thursday and Friday 21 of the stock show, we have 1,200 youth exhibitors. If you 22 figure at least one parent comes with each exhibitor, judges, 23 officials, we're looking at close to 3,000 people. And if I 24 read right, it would be 30 deputies that we would need. At 25 $25 an hour, you can see where our scholarship fund, our 5-23-11 73 1 auction sale, and our overhead would be increased 2 significantly. We've been working with Lee Behrens at the 3 Sheriff's office. I get with him once a year. "How many do 4 we need for this day? How many do we need for that day?" 5 And if we have some agreement from the Court that as long as 6 the Sheriff's Office and the association, on any of our 7 events, are in agreement, then we -- we would be happy -- 8 JUDGE TINLEY: That would be exactly what I would 9 suggest, is that the Sheriff make an assessment of each of 10 these events to determine what he deems to be the appropriate 11 number, after working with your board or executive committee, 12 as the case may be. And -- and either have him bring that 13 back, or we give the Sheriff the ability to, in conjunction 14 with that discussion, determine that number. 15 SHERIFF HIERHOLZER: I don't have any problem doing 16 it that way. Now, every year we've had it, especially at the 17 stock show -- as y'all know, when you go out there and visit, 18 normally there's at least, you know, two to three officers 19 per barn area, and I think that has always worked out real 20 well, and we've never had any problem at the stock show. And 21 I think we can just work that type of deal. I don't know 22 what it does as far as setting a precedent for your policy. 23 That's where we might have an issue. 24 COMMISSIONER LETZ: I think that's a -- the 25 precedent thing doesn't really bother me. This is almost 5-23-11 74 1 like a partnership. There has been a partnership between the 2 County and stock show for years, kind of along the same line 3 as waiving the fees for the previous agenda item. And then 4 the other item is that on the stock show days, you also have 5 TexDOT people -- they're not law enforcement, but you do have 6 a lot of their staff out there doing all the traffic control 7 and keeping in radio contact with everybody. So, I mean, 8 there's a lot of other people out there that -- 9 SHERIFF HIERHOLZER: You have a lot of teachers, a 10 lot of instructors, a lot of parents with kids that they're 11 wanting the best for their kids, too. 12 COMMISSIONER OEHLER: You've got a lot of parents. 13 SHERIFF HIERHOLZER: And it's a real good group out 14 there. 15 MR. REEVES: Plus a number of our directors are 16 already law enforcement officers, whether it be game wardens, 17 city police, sheriff's office. They're out there with their 18 kids, but they're also volunteers with the association. 19 COMMISSIONER LETZ: But I agree with kind of the 20 Judge's assessment. I think that I'd just as soon turn it 21 over to the Sheriff. I'll make a motion that we have the 22 Stock Show Association work with the Sheriff to determine the 23 amount of security at events sponsored by the Stock Show 24 Association. 25 COMMISSIONER OEHLER: Second. 5-23-11 75 1 JUDGE TINLEY: Motion made and seconded as 2 indicated. Any further question or discussion? 3 COMMISSIONER LETZ: Then if you have a problem with 4 the Sheriff, you come back to us. 5 COMMISSIONER OEHLER: Yeah. We can tell you we 6 can't do a thing with him. 7 JUDGE TINLEY: Further question or discussion? All 8 in favor, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 MR. REEVES: Thank you. 13 MR. BAUER: Thank you. 14 JUDGE TINLEY: That motion does carry. Why don't 15 we take about a 15-minute recess. 16 (Recess taken from 10:35 a.m. to 10:50 a.m.) 17 - - - - - - - - - - 18 JUDGE TINLEY: Okay, let's come back to order, if 19 we might, and go to Item 17; consider, discuss, take 20 appropriate action on request from Texas Arts and Crafts 21 Foundation for the sale of alcohol at the Texas Arts and 22 Crafts Fair on May 27th to May 30th, 2011, to be held at the 23 Hill Country Youth Exhibit Center. This got placed on the 24 agenda because of some changes, apparently, in T.A.B.C. 25 regulations. Previously, they didn't have to have, quote, 5-23-11 76 1 county permission. We ran into this same thing at the Easter 2 Festival, if you'll recall. 3 COMMISSIONER OEHLER: Mm-hmm. 4 JUDGE TINLEY: About those folks being able to sell 5 alcohol down there. So, it's a -- just to satisfy a 6 technicality under the T.A.B.C. regs. Ms. Carr wasn't able 7 to be with us this morning. I suspect she's pretty doggone 8 busy this week. 9 COMMISSIONER OEHLER: I would think so. 10 JUDGE TINLEY: Yeah. 11 COMMISSIONER LETZ: Move approval. 12 COMMISSIONER OEHLER: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval. Question or discussion? All in favor of the 15 motion, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. We'll go to 20 Item 18; to consider, discuss, and take appropriate action on 21 request from Texas Arts and Crafts Foundation to close a 22 portion of Riverside Drive during the Texas Arts and Crafts 23 Fair on May 27th to May 30th, 2011, to be held at Hill 24 Country Youth Exhibit Center. Ms. Carr asked that this be 25 placed on the agenda. The area between -- I'm trying to find 5-23-11 77 1 it here. The west -- I believe it's what they call the west 2 boundary of the property on Riverside Drive, up through the 3 end of the exhibit property, which would be the parking area 4 on the east on Riverside Drive. So that they have control of 5 the movement of traffic there in and out for the benefit of 6 the fair. 7 COMMISSIONER OEHLER: Guess that would be the area 8 that is on the -- the length of road that has road frontage 9 on the County-owned property. 10 JUDGE TINLEY: Yes, that's exactly what it would 11 be, there as it fronts Riverside Drive. 12 COMMISSIONER OEHLER: I move that we do that. 13 COMMISSIONER OVERBY: I'll second that. 14 JUDGE TINLEY: Motion made and seconded for 15 approval of the agenda item, including that portion of 16 Riverside which fronts the county Youth Exhibit Center 17 property on Riverside Drive. Further question or discussion? 18 All in favor, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion does carry. Let's go to 23 Item 19; to consider, discuss, take appropriate action for 24 recognizing Tuesday, June 14th, as Flag Day in Kerr County, 25 and use by the American Legion, Veterans of Foreign Wars, and 5-23-11 78 1 Elk organizations of Kerr County of Flat Rock Lake Park for a 2 2000 -- for a 2 p.m. ceremony honoring American Flag Day on 3 June 14th, 2011; use of Flat Rock Park from 12 p.m. to 7 p.m. 4 Commissioner Overby? 5 COMMISSIONER OVERBY: Yes, Judge Tinley. Before 6 you, the three organizations who requested the use of the 7 Flat Rock Lake Park site that would be having an afternoon 8 ceremony down there. They're using it for setup and 9 breakdown of that. But, again, it's hard to believe June 10 14th, Flag Day is already here, and again, another event that 11 we'd like to use the use of our facilities down there at the 12 park, and it's a great event to use this for our veterans. 13 But, again, I would make a motion to approve June 14th, Flag 14 Day in Kerr County, and the use of the Flat Rock Lake Park 15 for the American Legion, Veterans of Foreign Wars, and the 16 Elk organizations to celebrate that ceremony in Kerr County. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval. Further question or discussion? Sheriff? 20 SHERIFF HIERHOLZER: As usual, just because in the 21 past we've had this kind of request, this does not close the 22 park for other people that normally use it, correct? 23 JUDGE TINLEY: Nonexclusive use. 24 COMMISSIONER OVERBY: That's correct. 25 SHERIFF HIERHOLZER: All right. 5-23-11 79 1 JUDGE TINLEY: Any other question or comments? All 2 in favor of the motion, signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: The motion does carry. Let's move 7 to Item 20; consider, discuss, take appropriate action for 8 assisting Kerr County parks, that being Flat Rock Lake Park, 9 Lions Park, and Ingram Lake Park, improvements for the summer 10 of 2011. Commissioner Overby? 11 COMMISSIONER OVERBY: Judge Tinley, Commissioners, 12 before you today, again, looking at -- trying to look at some 13 improvements that we could do with Kerr County park -- Kerr 14 County parks, I have before you today seven different items 15 on here that could be requested today for improvements for 16 our parks for the summer. One is our first one here, and 17 they're itemized out specifically, is the use of portable 18 bathrooms, three total. I believe, Commissioner Oehler, last 19 year we had one at the Ingram Lake Park at the Ingram Dam 20 site as well. I've had a request for three portable 21 bathrooms, one to be -- to be at the Ingram Lake -- at the 22 Ingram Dam location, one to be placed at the Flat Rock Lake 23 Park, and one to be in this Lions Park in Center Point. I 24 did want to request that we use an A.D.A. compliant rental at 25 the Lions Park. We do have a lot of folks from our V.A. 5-23-11 80 1 Hospital -- I've been out there to see, and I know, visiting 2 with folks in Center Point, we have a lot of folks that -- 3 they bring bands down there, and there are some folks that 4 are handicapped and in wheelchairs, and it would be nice to 5 have a facility down there where a lot of our veterans go 6 down there. I saw a request to use one A.D.A. The restrooms 7 that we're using would be used from Memorial weekend, and 8 would be in place through the summer, through -- through 9 Labor Day weekend, and would be pulled after that. 10 The other requests that are before you, if you go 11 down into our parks, we -- you see a lot of vegetation growth 12 on our banks right now. One of the things that we're looking 13 at trying to do is -- is see how we could provide maintenance 14 so that we don't have as much growth of -- vegetation growth 15 that we're having in our parks right now, so that we can use 16 it more for maybe fishing areas or swim areas. I've talked 17 with our parks and recreational wildlife folks here, and how 18 that would be formatted to do that. Actually, there is a -- 19 a state-certified controller -- applicator who's certified 20 that oversees this type of control. We have what our expense 21 would be, would be a cost of about $250, that our Maintenance 22 Department could do with the supervision of the certified 23 applicator that we have here in Kerr County. What we would 24 do in Center Point, for example, there's a portion of the 25 park that we would like to spray. It's still not too late to 5-23-11 81 1 do that, and that we could do that where we could control 2 some of this growth. And then at Flat Rock Park, if you've 3 been in there, you see a lot of banks all the way down have 4 this typical growth. What we'd like to do is not spray all 5 of the banks, because we have a lot of wildlife and -- and 6 type of areas -- other areas of the park, but kind of 7 maintain certain areas in the park. And this would be 8 something that our cost would be $250, and something that 9 will totally -- we could do it on an annual basis where we 10 can control that, provide a little bit better use for fishing 11 and for maybe some swimming use of the -- of the parks as 12 well. 13 Another thing that I have on here is also Item 3 on 14 your backup information, is the request of using funding for 15 poles and reflectors, and this would also provide air freight 16 for parking poles, basically, in the Lion Parks area. 17 Again -- again, I've -- previous Commissioners Court 18 meetings, we have done some improvement in the park that has 19 had very little funding done in the park over the last 20 several years. I will -- as I've said before, the use of 21 base material and leveling, that has been very, very welcome 22 from the community of Center Point. What we're trying to do 23 as well right now with this potential money is to actually 24 establish some poles inside the park where we could -- we 25 could develop some green area from the banks to where the 5-23-11 82 1 cars would park. I think it's also a deal of dealing with 2 our -- in visiting with our Center Point community folks, it 3 is also a little bit safer area that could be provided from 4 kids that are around the park, where cars aren't going right 5 up to park on the banks of the river as well. So, we're 6 working with our Center Point committees and our communities 7 down there to establish with our Road and Bridge, who's been 8 out to look at that as well, and that would be something that 9 we would look at in trying to establish poles where we could 10 have a little green area from the banks to where the parking 11 is. 12 As well, we would like to look at the potential of 13 establishing some trash can receptacles in the park as well. 14 We've had a little issue in the Lions Park of trash 15 receptacles disappearing, and what we'd like to do is do 16 something a little bit more well established with the poles. 17 I visited with our Maintenance folks, and there's a way to 18 set up -- that up where we can provide those poles in there 19 with those trash cans where we can have those locked, and 20 where folks can put trash in down by -- by the river, by the 21 picnic area, and by the basketball pavilion as well. 22 One other request, again, it seems like with Center 23 Point Lions Park, is we've never had a survey completed of 24 the park. We have a request for $1,500. And I visited with 25 Lee Voelkel on this, and have talked about it for several 5-23-11 83 1 months. We have no idea what our boundaries, our metes and 2 bounds are in the park as far as trying to establish it. 3 Which leads me to Number 6, which is from the notes that 4 we've looked at and found out with Lions Park in Center 5 Point, there may be potentially a half an acre of land that 6 is connected with this park that is on the opposite side of 7 the river. And we need to do a -- look at doing a title 8 search on it. And I've talked with some title companies to 9 get an estimate of what that cost would be, but there's 10 potentially another half acre of land that may be connected 11 with Lions Park across the river. I don't know. And if it 12 does, there's some significant value there to the park 13 itself. 14 And then one last thing on there is the request for 15 some park -- some benches along the river side in Center 16 Point. I know that Commissioner Williams was very 17 instrumental in helping getting picnic tables in there in 18 those areas. But I've gotten some bids back on prices of 19 benches, and -- and I've had some comments back that if we 20 can work with -- and we may even get some donated stuff as 21 well. But, again, trying to work with what we can do for the 22 summer. With gasoline approaching $4 a gallon, the need to 23 try to improve some of our park areas for recreational use, 24 and seeing what we have for future use for the park is before 25 you today. And we have a total of $6,430 that would be 5-23-11 84 1 requested to help these park improvements for this summer. 2 JUDGE TINLEY: Commissioner, as kind of a launch 3 point for trying to work with improving that park at Center 4 Point, for example, you're working off of the schematic that 5 TexDOT put together, at least in part, as kind of a launch 6 point in connection with work that they did down there? 7 COMMISSIONER OVERBY: There's been some of that 8 that we've looked at, but it's been more of a deal where 9 we've engaged in folks who -- of course, who are community -- 10 there's a new -- new organization down there that they're 11 developing; they're getting their structure set up as a 12 501(c)(3), called Friends of Center Point. A lot of those 13 folks have been engaged in the park and those type of things 14 in that area. I had -- to answer your question, yes, there's 15 been some pictures of that. But also, looking at how they -- 16 how we might be able to work and do developing the park. But 17 there's been discussion about, potentially down the road, 18 where they could raise funding that might be able to be used 19 for potentially, like, an outdoor pavilion, maybe potentially 20 a restroom. And that's another thing that we have to deal 21 with down by the river as well, but I think the main thing is 22 to get a basis established where we can get some improvements 23 done, and then work with the organization about fundraising 24 and how we might be able to do some improvements in this park 25 for the long-term future. 5-23-11 85 1 JUDGE TINLEY: You recently, with rather minimal 2 funding, I understand, worked with Road and Bridge, and they 3 did some improvements to the park area. 4 COMMISSIONER OVERBY: Yes, sir. They -- they have, 5 as we stated earlier, taken the base material, and they 6 provided a lot of improvement. I know Sheriff Hierholzer has 7 told -- Rusty said that there's been some of the patrols 8 going through there in the past, without those improvements, 9 that have had a little car damage as far as the dropoff in 10 some of those areas. So, I've heard a lot of those comments 11 coming back, and just the basic -- just of doing some 12 improvements in there. And then, of course, the bridge 13 grates that are in place for this summer at the bridge are -- 14 I've had a lot of compliments as far as folks having those in 15 place. 16 JUDGE TINLEY: How well received have those minimal 17 improvements to Lions Park been? 18 COMMISSIONER OVERBY: They have been greatly 19 recognized, and very appreciative. And I think it's been 20 something that we need to -- we really need to just try to do 21 over there to increase our parks use, and how the function of 22 those parks are used, and identify what -- what we have there 23 in those parks, and how we might be able to help folks to 24 enjoy those. 25 JUDGE TINLEY: Funding. What's -- what's your 5-23-11 86 1 proposed source of funding for -- 2 COMMISSIONER OVERBY: This would come out of 3 line -- or the budget 31, the line that we have in the 4 funding for this figure. And I believe we have the funding 5 in place there. But I would make a motion -- any questions? 6 I'd make a motion to approve -- to request the support of 7 $6,430 to be used for Line Items 1 through 7 for improvements 8 of Kerr County parks for the summer of 2011. 9 JUDGE TINLEY: I have a motion. Do I hear a 10 second? 11 COMMISSIONER LETZ: Second, with some questions. 12 COMMISSIONER OEHLER: Lots of questions. 13 JUDGE TINLEY: I have a motion and a second. 14 Question or comments? Here we go. 15 COMMISSIONER OEHLER: Number one, I mean, I got to 16 kind of start at the bottom, I guess, and going up. A title 17 search can be done by our County Clerk's office. I had -- 18 had to have one run, and they can find the title. They can 19 find all the legal descriptions, when it was -- you know, how 20 it was deeded to the county, the deeds. All that stuff is in 21 the clerk's office. 22 COMMISSIONER OVERBY: Right. 23 COMMISSIONER OEHLER: They do it -- do a very good 24 job of that, and that -- the cost for that is zero. I know a 25 survey -- maybe that's beneficial, or not, but you're -- it's 5-23-11 87 1 going to be -- there's going to be some description and 2 probably some kind of a drawing, unless it was sold so far 3 back that that's not available. 4 COMMISSIONER OVERBY: The last bit of information 5 that we've got, it goes back to, like, 1978. 6 COMMISSIONER OEHLER: That's not very far back. 7 COMMISSIONER OVERBY: There's nothing that has any 8 metes or bounds or description of the property. 9 COMMISSIONER OEHLER: There's no deed? 10 COMMISSIONER OVERBY: There's -- it was an L.C.R.A. 11 property that was donated to the County, but we don't -- as 12 far as the boundaries, that concern of where exactly -- I'm 13 not for sure, or the property across the river. I don't -- 14 the other question that you asked about the title search, 15 I've gone into the -- into the records, and they're trying to 16 find what we've got. There's very little information. I -- 17 you know, as far as trying to find what we have. 18 COMMISSIONER OEHLER: If there's not any 19 information, Mr. Voelkel is going to have a hard time 20 surveying it. If you don't have a deed, there ain't -- the 21 surveyor's not going to do you any good. He's got to work 22 off of something. 23 COMMISSIONER OVERBY: Right. 24 COMMISSIONER LETZ: I think -- I mean, on the -- to 25 me, Item 5 is just -- this survey cost, and title search too, 5-23-11 88 1 need to be done, but I would probably do an information 2 request to L.C.R.A. if they had it originally, and see if 3 they have anything. You know, they probably did some kind of 4 a quitclaim deed to the County, so we just got to see 5 whatever they had, and if they can figure out what they had, 6 it would be helpful. 7 COMMISSIONER OEHLER: Yeah. 8 COMMISSIONER LETZ: And I don't -- I think it needs 9 to be done, but I don't know that it has to be done right 10 now; I mean, as in prior to the summer. I think sometime -- 11 it can be at budget, or can be done now. Doesn't make that 12 much difference. I think it needs to be done, but I just 13 need to make sure -- I'd start that before you start spending 14 money locally. 'Cause I'm kind of with Bruce; I don't know 15 how we can survey. We got to find a deed somewhere, or 16 someone's got to start with L.C.R.A. That's where the 17 property came from. 18 JUDGE TINLEY: Assuming that's where it came from. 19 COMMISSIONER LETZ: Assuming that's where it came 20 from. 21 COMMISSIONER OVERBY: Right, that's exactly it. I 22 don't know -- and, again, I think the reason why we're trying 23 to have a survey done is -- is just in order to plan for 24 future improvements. 25 COMMISSIONER LETZ: Sure. 5-23-11 89 1 COMMISSIONER OVERBY: We don't know where we can go 2 until we have -- until we understand what we have. 3 COMMISSIONER LETZ: Well, I agree. I don't -- you 4 know, it's just a matter of -- long-term, I think we need to. 5 And if the -- Fund 31 is a dedicated fund for parks, correct? 6 COMMISSIONER OVERBY: Yes. 7 JUDGE TINLEY: Mm-hmm. 8 COMMISSIONER LETZ: So, I mean -- I mean -- 9 COMMISSIONER OEHLER: What kind of -- what kind of 10 aquatic vegetation are you talking about killing? Is it 11 something -- 12 COMMISSIONER OVERBY: Well, maintaining. 13 Maintenance, not -- yeah. It's -- you got a lot of use of -- 14 if you go down to the parks and look, you got a lot of lily 15 pads and stuff like that, just -- it's inundated the parks. 16 And this is an annual deal that you can do in maintenance 17 prevention. And we're not interested in doing the entire 18 park; we're just trying to do a portion of the park where we 19 can have that type of use for the park. We have no -- no 20 desire to maintain all of the park use, just a portion of it. 21 COMMISSIONER OEHLER: Well, and, of course, 22 community service can be tapped for doing general, you know, 23 kind of maintenance through the summer, weedeating and mowing 24 and, you know, brush cleanup, limb cutting or whatever. I 25 mean, that's something -- we utilize them at no cost. 5-23-11 90 1 COMMISSIONER LETZ: He's talking about spraying in 2 the water over there -- is it in the water? 3 COMMISSIONER OEHLER: I don't know anything about 4 that. That's something I would think that -- 5 COMMISSIONER OVERBY: Another thing is -- 6 COMMISSIONER OEHLER: -- we'd want to be doggone 7 sure there's oversight by somebody. 8 COMMISSIONER OVERBY: That's right. And the state 9 certifier that you have -- we have folks here in Kerr County 10 who have that certification, and there's no charge to us. We 11 don't have to send maintenance folks to go get trained or to 12 get educated. We have those folks that are here. 13 COMMISSIONER OEHLER: So they'll do it for no cost? 14 COMMISSIONER OVERBY: Yes. They certify it, that's 15 right. 16 COMMISSIONER OEHLER: They certify it, but they 17 don't do the work? 18 COMMISSIONER OVERBY: That's right. Our 19 Maintenance folks can do the work. 20 JUDGE TINLEY: They supervise on-site. 21 COMMISSIONER OEHLER: Well, they're on the bank, 22 finger pointer. 23 COMMISSIONER OVERBY: And it's -- again, the 24 supplies are -- we've found the -- trying to find the 25 cheapest amount a gallon that we could to do it with. 5-23-11 91 1 COMMISSIONER LETZ: I'd be interested -- I don't 2 have any problem with doing that, but I'd really like to see 3 some monitoring of the effectiveness, because I haven't seen 4 a lot of effectiveness on aquatic herbicides. But maybe -- 5 but I don't know. 6 COMMISSIONER OVERBY: See how it works. 7 COMMISSIONER LETZ: See how it works. 8 COMMISSIONER BALDWIN: I do have a problem with it. 9 I would like to see us -- the State's pretty touchy about 10 that kind of stuff, putting any kind of chemical in that 11 water that they own. I'd really like to see -- see us get 12 permission from T.C.E.Q., or whoever it is these days, to -- 13 to be -- I mean, seriously, that's pretty serious stuff. 14 COMMISSIONER LETZ: Yeah. 15 COMMISSIONER BALDWIN: I don't know that you're 16 going to be able to get away with that. 17 COMMISSIONER OEHLER: Well, especially the time of 18 year. 19 COMMISSIONER BALDWIN: Yeah, absolutely. 20 COMMISSIONER OVERBY: Basically, again, going back 21 to -- 22 COMMISSIONER BALDWIN: You have to -- you have to 23 get permission from them to move rocks around in the water. 24 COMMISSIONER OVERBY: That's true. 25 COMMISSIONER BALDWIN: Much less spray chemicals 5-23-11 92 1 and stuff. I -- I would have to have permission before I'll 2 vote for that. 3 COMMISSIONER OVERBY: In visiting with the 4 certifier that we have talked with, the time of spraying is 5 -- is now. I mean, if you're going to do it. You really, 6 idealistically, would like to do it earlier in spring, but 7 you still could do it now and still have some benefit with 8 it. 9 COMMISSIONER BALDWIN: You're going to wait until 10 the middle of the day when all the kids are down there? 11 COMMISSIONER OVERBY: Well, that's the other -- 12 that's the other thing. That's the other thing. It may 13 not -- it may not happen. We'd like to have it done 14 before -- 15 COMMISSIONER BALDWIN: I like Bruce's idea, though, 16 of putting those guys -- roll up their cutoffs and wade out 17 there and pull them up, like we used to back when I was a 18 pup. 19 COMMISSIONER OEHLER: You know, there's another 20 way to do that, too. If you took some old barbed wire and 21 spread it out across the bottom and tie it, run you a loop 22 around it -- 23 COMMISSIONER OVERBY: The unfortunate thing is -- I 24 made the same suggestion to those folks, and they said you 25 actually will produce more, because they will break off and 5-23-11 93 1 they will reseed again. 2 COMMISSIONER OEHLER: Grow right back. That's the 3 problem; they're hard to kill. 4 COMMISSIONER OVERBY: That's right. 5 COMMISSIONER OEHLER: Very hard to kill. 6 COMMISSIONER OVERBY: It's before you to let you 7 talk about it. If you want to do it, it can -- we can look 8 at it. 9 COMMISSIONER OEHLER: What kind of benches are you 10 talking about? 11 COMMISSIONER OVERBY: These would be some benches 12 that are very similar that you see in Flat Rock as well. 13 These would be some Drymala has. 14 JUDGE TINLEY: Concrete? 15 COMMISSIONER OVERBY: Yeah. 16 COMMISSIONER OEHLER: Non-wash-away type? 17 COMMISSIONER OVERBY: Well, you know, they're 18 heavy. 19 COMMISSIONER OEHLER: If Drymala builds them, 20 they're probably not going to wash away real easy. 21 COMMISSIONER LETZ: The question I have was the 22 large figure for the parking poles. 23 COMMISSIONER OVERBY: Mm-hmm. 24 COMMISSIONER LETZ: And I'm trying to envision that 25 park, Lions Park, where you're putting them. I guess it's 5-23-11 94 1 kind of the edge of the parking lot, sort of, where the grass 2 kind of starts down by the river. Which is right in the -- 3 you know, floodway, flood -- high flood-prone damage area. 4 Are these -- what are these poles? I mean, couldn't you just 5 put some -- 6 JUDGE TINLEY: Boulders. 7 COMMISSIONER LETZ: -- 2-foot -- 8 COMMISSIONER OVERBY: We talked about, first of 9 all, doing boulders. But the problem with using boulders is, 10 when you get a big wash, you're now having a missile being 11 launched down the river, down towards our bridges. You don't 12 know what that's going to do, how heavy the damage is. The 13 poles are -- if you've -- again, we've all been in the parks, 14 and you see how they can be used. We're just trying to 15 create some type of boundary on the riverbank to where the 16 parking would be. I think it would create a safer situation 17 if you create a little green area. The main cost with these 18 poles, in visiting with Mr. Odom, who could -- Road and 19 Bridge can help us with this, is the poles run us about $20 a 20 piece -- $17 to $20 a piece, I think. Is that right, Kelly, 21 what we talked about? 22 MS. HOFFER: Yes. And then -- 23 COMMISSIONER OVERBY: And then freight is our big 24 expense. We have a big expense with freight, as far as the 25 cost is concerned. 5-23-11 95 1 COMMISSIONER OEHLER: Hill Country Telephone gives 2 those things away periodically. 3 COMMISSIONER OVERBY: I like the word -- I like the 4 word "give." I mean, we could see what H.C.T.C. would do. 5 COMMISSIONER OEHLER: You could talk with KPUB, 6 or -- I mean, they pull out old poles periodically. 7 COMMISSIONER OVERBY: Yeah. 8 COMMISSIONER OEHLER: And sometimes you can get 9 those things for something like this. How are you going to 10 secure them? 11 COMMISSIONER OVERBY: Well, they would be, you 12 know, drilled and put in the ground as -- 13 COMMISSIONER OEHLER: Are you talking about 14 vertical? I thought we were talking about maybe laying them 15 down on the ground. 16 COMMISSIONER OVERBY: No. 17 COMMISSIONER OEHLER: To pull up, like to park 18 against. 19 COMMISSIONER OVERBY: Into the ground. And we 20 don't want to put any cable in there, because we don't want 21 to worry about kids running up and down. No cables. 22 COMMISSIONER OEHLER: You'll lose the whole mess 23 every time it floods. 24 COMMISSIONER OVERBY: No cables. So, these are 25 just -- like I said, it's just trying to do something over -- 5-23-11 96 1 COMMISSIONER OEHLER: It's also hard to dig holes 2 in gravel and secure anything. That's -- I mean, I'm not 3 trying to shoot you in the foot. I'm just trying to point 4 out -- 5 COMMISSIONER OVERBY: No. Again, I -- we're 6 just -- these are some things -- some improvements that we 7 have not done before, and I just -- I'm presenting them to 8 the Commissioners Court and trying to, you know, work and see 9 what we can do with -- with some improvements. 10 COMMISSIONER OEHLER: That's -- 11 COMMISSIONER OVERBY: See where we go. 12 COMMISSIONER OEHLER: Most of that area down there 13 you're going to find out is pure gravel, and it is very 14 difficult to dig a hole in pure gravel and then stick a post 15 in it before it fills up. 16 JUDGE TINLEY: Mr. Joel Gonzales has filed a 17 participation form. He's with the Friends of Center Point. 18 Mr. Gonzales? Give us your input on this. 19 COMMISSIONER OEHLER: He's wanting to volunteer to 20 do all this for us. 21 MR. GONZALES: Joel Gonzales, 361 Stoneleigh Road 22 in Center Point. First of all, I'd like to thank everybody 23 that's helped out Center Point, you know, you guys approving 24 everything that's been done. We have received it greatly. I 25 mean, we enjoy it. I am the chairman of the Friends of 5-23-11 97 1 Center Point, Texas, and I'm -- I'm out there as much as I 2 can, and I talk to people. Just the little improvement that 3 has been done right now, people are -- I mean, they're 4 jumping -- they're jumping. They're happy for it, because 5 nothing has been done in the past hundred years, I believe, 6 besides those benches. They love it. In May, when the -- 7 Mr. Oehler told me -- asked us to get together, we did. 8 Since May last year, that park has been cleaned. I thank the 9 Sheriff for the people that he sends out there -- for the 10 inmates that he sends out there. That park is being cleaned. 11 It has a different attitude since I've been walking it, and I 12 walk it every day. Commissioner's been out there. When 13 we've had a little hassle, stuff like that, I jump in the 14 middle; I do I whatever I can to -- to stop anything. People 15 have -- you know, kids are now telling other people, "Pick up 16 your trash, pick up your trash. Use those receptacles. Use 17 trash cans," and they're doing that. 18 No longer is Center Point going to be the 19 stepchild, bad kid. I speak for them because I am pushing 20 for Center Point to -- to be back and do good. And everybody 21 there wants it to do good. There's a different type of 22 people that live in Center Point now, people that care. You 23 know, any improvement to that park is an improvement to 24 Center Point, period. And -- and it's -- and it's a 25 reflection towards the bad attitude that it used to have. 5-23-11 98 1 Anything that goes in that park helps us, helps us to -- to 2 get -- there's lots of people that have quit getting into the 3 government thing here locally, you know, because of the abuse 4 of -- we call it abuse. We've been left behind. We've been 5 stomped on. And now, with just that little park, just what 6 Mr. Overby had done, you know, moving the rocks, the paving, 7 you know -- not the paving, but the road that has been put in 8 there, people love it. You can drive in there. People that 9 come from San Antonio, everywhere, that I talk to on a daily 10 basis, weekend basis, they love it. We have people from San 11 Antonio that come on a regular basis. We got people from 12 Corpus, Bandera. Everybody comes to this place, and they 13 love it now. So, any improvements that we do now, it's only 14 going to better it. And on the bathroom, we need it bad. We 15 need it bad -- badly. And reason being, we have people using 16 the woods. And across the river, there's the recreational 17 area where people come and rent those cabins -- those 18 teepees. They're actually looking at our people -- our 19 visitors using the bathroom -- urinating, using the bathroom. 20 If you guys would like to walk with me, I'll show you where 21 there's toilet paper all around there. So, we need that 22 port-a-potty. And, again -- 23 COMMISSIONER OVERBY: Stop there. 24 MR. GONZALES: And, again, we do have the V.A. that 25 goes down there with their handicapped and use -- they love 5-23-11 99 1 that park. They just love it. And I talk to them on a daily 2 basis. And we need that. Everything that y'all can give us, 3 we need it. And I appreciate it. And Mr. Odom's not here; I 4 also want to thank him for -- for his promise, and getting 5 that stuff done. I thank y'all for what y'all are doing for 6 us. 7 JUDGE TINLEY: Thank you, Mr. Gonzales. 8 MR. GONZALES: And we will be working with you guys 9 as well. I mean, anything that we can -- yeah, I'll talk to 10 the telephone company about getting some poles if we have to, 11 you know. And there's a bunch of people out there in Center 12 Point that want to help and will donate their time and money 13 to help that park, and to help Center Point, period. 14 COMMISSIONER OVERBY: Good. Appreciate it. 15 JUDGE TINLEY: Thank you for your efforts, Mr. 16 Gonzales. 17 MR. GONZALES: Thank you. 18 COMMISSIONER LETZ: Commissioner, I'm ready to go 19 forward on 1, 4, and 7 right now. 20 COMMISSIONER OVERBY: Okay. 21 COMMISSIONER LETZ: Which is the restrooms, the 22 trash receptacles, and the bench. And I'd like to see a 23 little more information on the rest of them. I'm not against 24 them; I'd just like to see a little more information. 25 COMMISSIONER OVERBY: Would you like -- 5-23-11 100 1 COMMISSIONER LETZ: On the survey, try to find some 2 more information, maybe through L.C.R.A. Let's see if we can 3 figure out how we even got the property, or how they got the 4 property. I mean, to have kind of a starting point. 5 COMMISSIONER OVERBY: Okay. 6 COMMISSIONER LETZ: Before we spend a bunch of 7 money on surveying, title search. 8 COMMISSIONER OEHLER: You haven't been able to find 9 anything, Cheryl? 10 COMMISSIONER LETZ: And on the -- the trash 11 receptacles -- not the trash, the spraying the aquatic -- I'm 12 kind of with Buster. I don't mind doing this. I think it'd 13 be an interesting test project, that I know these lilies 14 in -- especially in Center Point Lake or Lions Lake are 15 really bad. But, boy, we need to make sure Parks and 16 Wildlife, T.C.E.Q. is on board on what we're doing over 17 there. 18 COMMISSIONER OVERBY: Yeah. And that's -- that's 19 the reason why we're using the applicator. 20 COMMISSIONER LETZ: And the -- and on the poles, 21 the parking poles, I support the idea. It just seems -- I 22 want to make sure we're not doing something that's going to 23 get washed away, you know. 24 COMMISSIONER OVERBY: Are you open to -- if we were 25 able to get the telephone company to potentially do that -- 5-23-11 101 1 JUDGE TINLEY: Lay them down? 2 COMMISSIONER OVERBY: Well -- 3 COMMISSIONER LETZ: No, I'd rather them have dug 4 in, I think. 5 COMMISSIONER OEHLER: In the -- 6 COMMISSIONER OVERBY: In the ground. 7 COMMISSIONER LETZ: Rather have them dug in, but 8 it's hard to do. 9 COMMISSIONER OEHLER: I will tell you what's a much 10 better plan to all of that is to take and dig in some deep 11 holes, set some heavy pipe, and put a heavy pipe rail across 12 it, something that's slick. You don't have as many posts to 13 catch stuff. It can be open underneath, kind of like some of 14 these rails you pull up to at a convenience store. 15 COMMISSIONER LETZ: And have maybe an 18-inch -- 16 COMMISSIONER OEHLER: Up high enough to -- 17 COMMISSIONER OVERBY: You're looking at some other 18 alternatives, is what you're saying. 19 COMMISSIONER OEHLER: Won't catch as much trash. 20 COMMISSIONER OVERBY: I'm fine with that. 21 COMMISSIONER OEHLER: It's going to take a heck of 22 a flood to rip it out. But the more stuff you put in there, 23 the more chance you got for erosion, and the more stuff 24 you're going to lose every time you get a flood. 25 COMMISSIONER OVERBY: All right. 5-23-11 102 1 COMMISSIONER OEHLER: That's just from experience. 2 COMMISSIONER LETZ: I bet you could buy the pipe 3 for about that same amount of money. 4 COMMISSIONER OEHLER: You can, but you don't have 5 near as many holes. 6 COMMISSIONER OVERBY: All right, very good. 7 COMMISSIONER OEHLER: I'll go along -- did you -- 8 you already seconded? 9 JUDGE TINLEY: Where are we on a motion? 10 COMMISSIONER OVERBY: I made the motion. 11 COMMISSIONER LETZ: Motion and second. I'd 12 rather -- my preference would be to amend -- just to amend 13 the motion to those items, 1, 4, and 7. 14 COMMISSIONER OVERBY: 1, 4, and 7. 15 JUDGE TINLEY: Okay. And we have a second to that. 16 COMMISSIONER OEHLER: He made the motion? 17 COMMISSIONER OVERBY: Yes. Well, let me make sure 18 I have the motion -- make sure we have it here. The motion 19 is to -- again, to approve -- changing that, coming back to 20 where we had -- the motion is to approve Item 1, 4 and 7. 21 One is dealing with the three restrooms for the use of the 22 parks from Memorial weekend through Labor Day. Again, that's 23 Ingram Dam, Lions Park, and the Flat Rock Lake Park. Four is 24 install some additional trash receptacles, more secured, is 25 what you're saying, basically, at the Lions Park in Center 5-23-11 103 1 Point. And seven, look at establishing two benches with -- 2 at least in Center Point Lions Park as well. To approve 3 that, and to -- then to look at other surveying options and 4 what other history we have with that. And -- and then 5 following up with poles and those things as well. So, I make 6 that motion for those requests. 7 COMMISSIONER LETZ: Second it. 8 JUDGE TINLEY: We have a motion and a second. Any 9 further question or discussion on that? 10 COMMISSIONER LETZ: Just as -- from a budget 11 standpoint, I believe Item 1's covered in our budget. I 12 think we budgeted restrooms. 13 COMMISSIONER OEHLER: You do, but it's only been 14 for two. What I've done is I agreed to give up one. There 15 would only be one at Ingram Lake instead of two, to help him 16 to get one. 17 COMMISSIONER OVERBY: Right. 18 COMMISSIONER OEHLER: And the cost of those is $75 19 a month, a piece. 20 COMMISSIONER OVERBY: We've never had one, as far 21 as I know, in Center Point, portable restroom or -- 22 COMMISSIONER LETZ: All right. But that's to come 23 out of Fund 31, which is a dedicated parks fund. 24 COMMISSIONER OVERBY: Yes. 25 JUDGE TINLEY: Mm-hmm. Any further question or 5-23-11 104 1 discussion? All in favor, signify by raising your right 2 hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: Motion carries. Let's go back to 7 Item 15. We have with us today Mr. Larry Boccaccio with 8 Texas Association of Counties, and Mr. Boccaccio is here for 9 the purposes of presenting a safety award for Kerr County. 10 Mr. Boccaccio? 11 MR. BOCCACCIO: Good morning, all. I know I was 12 supposed to be here at 10:30, but I drove safely. How's 13 that? Actually, I talked to the Judge Friday, and in a 14 roundabout way, I called the number and ended up at the 15 County Clerk's office. And, Jody, I couldn't find you, so I 16 got the Judge and told him I'd be a little late. Well, 17 anyway, enough of that. I have the safety award -- maybe -- 18 that was presented at C.M.I. this year. And I actually 19 brought the press release with me. So, here's what it says, 20 folks. Dated April 6th, 2011. "Kerr County Earns Safety 21 Award." Now, my glasses are in the car, of course. 22 COMMISSIONER OEHLER: Need mine? 23 MR. BOCCACCIO: Maybe. Kerr County received the 24 2010 safety award for its record of involvement and 25 commitment to safety in the workplace, as well as for 5-23-11 105 1 controlling worker's compensation claims. To qualify for the 2 Texas Association of Counties' safety award, the county must 3 have a safety program rated in the top 15 percent of 4 approximately 300 governmental entities that collectively 5 self-insure their worker's compensation through the 6 association's risk management pool. Kerr was one of only 23 7 counties honored with the 2010 safety award. Through its 8 commitment to safe practices among county employees, Kerr 9 County works to reduce employee injuries and obtain 10 substantial savings for taxpayers by minimizing worker's 11 compensation premiums. 12 Texas Association of Counties loss control 13 representatives -- that's me -- evaluate county safety 14 programs and work with counties to develop loss control and 15 safety initiatives. When the loss control reps begin the 16 selection process for the annual safety awards, they consider 17 the following criteria: Specific safety program elements, 18 activity and success of the program in the 2010 calendar 19 year, support by the -- for the program by upper management, 20 governing board or commission that directs the operations of 21 the entity, recent loss history, involvement in the safety 22 program, and the adoption of the new safety award criteria. 23 There you have it. 24 Now, one other thing I talked to the Judge about, 25 and this was the rebate for Kerr County doing well in 5-23-11 106 1 worker's comp, and it was 24,000, I believe, somewhere in 2 that vicinity. So, good job, folks. 3 JUDGE TINLEY: That's one year. 4 MR. BOCCACCIO: That's one year. That's just one 5 year, yeah. 6 JUDGE TINLEY: That's what a good safety program 7 will do for you, folks. 8 MR. BOCCACCIO: Absolutely. And I'll tell you 9 what; I wish I had more like it. 10 COMMISSIONER OVERBY: That's good. 11 JUDGE TINLEY: We appreciate it. Thank you. 12 MR. BOCCACCIO: You're more than welcome. 13 JUDGE TINLEY: Thank you for being here with us. 14 And, Ms. Hyde, thank you for your work, as I mentioned 15 previously. This means real money. In addition to that one 16 cash award we got, continually every year we have received a 17 credit or rebate, or call it what you like; real money 18 reduction in our worker's comp costs. That's why it happens. 19 MR. BOCCACCIO: Do we have a photo op, maybe? 20 JUDGE TINLEY: I don't know. Does anybody have a 21 camera? 22 MR. GARCIA: Rosa's not here. 23 COMMISSIONER LETZ: No camera? 24 JUDGE TINLEY: So be it. We appreciate it. 25 COMMISSIONER BALDWIN: Thank you, Larry. 5-23-11 107 1 JUDGE TINLEY: Thank you. 2 MS. VAN WINKLE: Give me a minute. 3 (Discussion off the record.) 4 COMMISSIONER OEHLER: Are you trying to be shy or 5 what? 6 JUDGE TINLEY: You want him to come up here? Yeah, 7 come on up here, Larry. Come on. Here we go. How's that? 8 MS. VAN WINKLE: Huddle together just a little bit. 9 There we go; that's good. Three, two, and -- very good. 10 Thank you. 11 JUDGE TINLEY: That work? 12 MR. BOCCACCIO: Very good. 13 (Applause.) 14 JUDGE TINLEY: Thank you, sir. 15 MR. BOCCACCIO: You're welcome. 16 JUDGE TINLEY: Appreciate it. 17 MR. BOCCACCIO: There's that. 18 JUDGE TINLEY: Let her have it and make copies for 19 the media. Okay. Let's go to Item 21; consider, discuss, 20 take appropriate action on elimination of reimbursement to 21 employees for dues or use fees paid by employees to fitness 22 facilities. Are we ready to do something on that yet, 23 Sheriff? 24 SHERIFF HIERHOLZER: It's up to the -- you know, I 25 haven't done anything else on it. My whole deal, the 5-23-11 108 1 policy's been approved, the policy that Eva and us worked on. 2 The only thing that I am requesting is that, as far as -- as 3 entry into it, is that we -- as long as the people have 4 signed their liability waivers and things like that, and the 5 single -- you know, the non-supervised facility, which has 6 been approved, then I just -- I really would rather just have 7 a list from the department head, and then we will issue -- 8 when they come out to use it, let dispatch give them a fob to 9 get in there. But as far as reimbursing, my people don't get 10 reimbursed as it is. We have a mandatory fitness thing 11 coming online. The rest of it is up to the Court. 12 JUDGE TINLEY: We've got the issue of those that 13 have entered into contracts that are continuing. Are the 14 majority of the folks that were in that category Sheriff's 15 Office personnel? 16 MS. HYDE: No. I went back and I read the minutes 17 where -- what you discussed. We pulled the numbers again 18 this morning. I'm not sure what Jackie and Cindy had given 19 you, but we pulled them from January -- last January to May 20 31. There was a reduction in May from your folks, but we're 21 still averaging 14 to 19 people. So, I -- I appreciate 22 Commissioner Baldwin speaking up. There are many of those 23 folks that have signed agreements. 24 JUDGE TINLEY: Annual contracts? 25 MS. HYDE: Right. 5-23-11 109 1 SHERIFF HIERHOLZER: Now, I know a couple with my 2 department have signed agreements, but, number one, they 3 included their entire family on those agreements. Number 4 two, those fitness areas are -- that they're in offer a 5 specialized type of deal that they're using ours and that 6 one. It's just, you know, a preference. But they know that 7 they don't get reimbursed if they use ours. 8 COMMISSIONER LETZ: I certainly don't -- I don't 9 think we can -- anyone who signed an annual contract, we have 10 to honor that contract. I think we can have no new contracts 11 possibly entered into, and they have to use that facility. 12 And then at the annual -- or the renewal of the existing 13 contract -- 14 COMMISSIONER OEHLER: Can't be reimbursed by the 15 County. 16 COMMISSIONER LETZ: Yeah, not reimbursed on the 17 renewal of the existing contract. 18 JUDGE TINLEY: They're on their own. 19 COMMISSIONER LETZ: They're on their own. 20 JUDGE TINLEY: Yeah. 21 MS. HYDE: And they don't get reimbursed for family 22 memberships. That was the other question, I think, that was 23 in the notes. We know how much the local cost is, and most 24 people have brought in something showing exactly so we know, 25 for example, that the Kroc Center is "X" amount, Family 5-23-11 110 1 Fitness is "X" amount, Ultra Fit, Women's Fitness, all those, 2 what they are, and that's all we pay. 3 COMMISSIONER BALDWIN: My whole thing is, you know, 4 when we -- we started this thing, it was all about being 5 proactive for our health issues, and to reduce doctor visits 6 and just be a healthier family. And I understand what y'all 7 are saying. I mean, I don't -- I don't use the -- I don't 8 use the reimbursement program. I just choose not to. But 9 there may be -- there may be employees that, you know, don't 10 want to go out there and look at Rusty's legs. I mean, I can 11 understand that. Now you're getting into a psychology type 12 thing. 13 JUDGE TINLEY: May have some psychiatric, if it's 14 under our policy. 15 COMMISSIONER BALDWIN: Psychiatric bills, and so 16 it's added to it. But, I mean, what about those people? I 17 mean, there probably are some employees that would just 18 rather not go out there and get into that large crowd that 19 they have -- they have their own little thing set up, and 20 their -- 21 SHERIFF HIERHOLZER: Well, and this -- our place 22 out there does not offer all the things that a lot of your 23 commercial fitness centers offer, okay? 24 COMMISSIONER BALDWIN: Offers plenty. I don't 25 think -- that's not the issue, to me. 5-23-11 111 1 SHERIFF HIERHOLZER: I think it's great. But 2 still, there are some -- like, you know, some of my people -- 3 you might get some of the employees, female employees that 4 like the Zumba dance type thing, or a lot of them like the -- 5 like the ab classes they get at all these other places. And 6 that's -- you know, we don't offer that, and that's fine. 7 I'm not -- all we're doing is trying to make something that 8 we do have, that is primarily used for law enforcement, 9 'cause that's the funding and that. But it's there. It's 10 sitting there, and if people want to use it, that's fine. 11 In-house, I do have a policy that they do not get reimbursed, 12 because I feel that this offers everything that law 13 enforcement needs along with our fitness study that we've had 14 done to keep the officers fit, and I just don't think that 15 they need to be reimbursed, including myself, for anything 16 after that point. If they want to continue those other 17 deals, that's fine; they're just not getting reimbursed for 18 it. What the -- the other employees in the county may or may 19 not use -- may not want to come out there. It's just up to 20 the Court on how y'all want to -- to do it. 21 COMMISSIONER LETZ: Ms. Hyde, what's our average 22 monthly expenditure on these? 23 MS. HYDE: About $37 times 14 people. 24 COMMISSIONER LETZ: $500 a month. 25 MS. HYDE: It's relatively inexpensive. 5-23-11 112 1 SHERIFF HIERHOLZER: Now, some places have -- 2 MS. HYDE: Some of them use the swimming pools. 3 But you have some females -- and he's trying to be nice. He 4 has some females that really don't want to go out there and 5 show anything in front of law enforcement. We have some -- 6 I'm a large girl, and I really don't want my large showing to 7 others, you know? Some people need to have someone to help 8 them, tell them what to do, how to do it, and -- and they 9 want to have those people that are -- are running around in 10 the fitness center saying, "Okay, you're doing that wrong," 11 that are kind of watching over them. So, I mean, I'm just 12 trying -- 13 SHERIFF HIERHOLZER: With that, may I make a 14 suggestion? Is just that my guys don't. And I won't change 15 my policy, because I think that offers everything that's 16 required. Anything after that is above and beyond what type 17 of fitness that I require, and will require for them. 18 COMMISSIONER OEHLER: Can you mandate that? Can 19 you mandate that if the County has already made a policy to 20 reimburse people for fitness? 21 SHERIFF HIERHOLZER: Because that policy was made 22 when we did not have an in-house fitness -- 23 COMMISSIONER OEHLER: I know, but what I'm 24 saying -- 25 SHERIFF HIERHOLZER: -- area, I think I can. 5-23-11 113 1 COMMISSIONER OEHLER: What I'm saying is, don't we 2 need to address that policy for your folks that you have 3 already said County's not going to do it, but the County 4 hasn't said they weren't going to do it. See what I'm 5 saying? 6 SHERIFF HIERHOLZER: My issue is that as far as 7 policy goes for law enforcement, in -- in ours, I have the 8 authority to set the policies that my officers have to go by, 9 okay. And y'all set the -- y'all set the budget that they 10 have. Now, if you want to continue to offer them that, 11 that's fine. I just feel that it saves them. I don't -- I 12 don't have an issue either way there. It doesn't bother me, 13 Bruce, is what I'm saying. But -- and, you know, we're 14 trying to get them encouraged to use it; encourage people, 15 you know, to stay fit is what we're doing. And if keeping 16 that reimbursement policy county-wide is something this Court 17 wants to do to further that wellness deal, I have no -- no 18 problem with that either. 19 COMMISSIONER LETZ: Do you have a -- this is what 20 Bruce is saying. Do you have a problem with the County 21 reimbursing your employees if they want to do that? 22 SHERIFF HIERHOLZER: No. 23 COMMISSIONER LETZ: It's kind of the other side of 24 the coin. 25 COMMISSIONER OVERBY: Other side. 5-23-11 114 1 COMMISSIONER OEHLER: Other side, one way or the 2 other. But, I mean, if we've authorized that we're going to 3 do that -- 4 SHERIFF HIERHOLZER: It's just that -- 5 COMMISSIONER OEHLER: He's saying they're not going 6 to get reimbursed by the County 'cause they got to work out 7 there. I don't know that he has the authority to say that 8 the County's not going to reimburse them. 9 SHERIFF HIERHOLZER: Let me put it this way. Back 10 when we first started all this conversation over a year ago, 11 the agreement I made with the Court in -- in using that room, 12 okay, before we equipped it and that, is that once we got it 13 up and running, my people wouldn't be eligible for the 14 reimbursement, because they would have that room. Now, if 15 the Court wants to change that and we just make everybody 16 eligible on top, I -- I don't have a problem with that. I 17 can change that part of my internal policy and let them 18 become eligible, but I'm trying to stay with the agreement 19 that was -- that I worked with this Court at the original 20 time. If you want to let them because of the specialized 21 classes or swimming or anything, I don't care. 22 COMMISSIONER LETZ: How about this? Let me -- I'll 23 make a motion that we eliminate the reimbursement to law 24 enforcement employees for dues or use fees paid by employees 25 to fitness centers, and we will evaluate at budget time the 5-23-11 115 1 reimbursement for all other employees. 2 COMMISSIONER OEHLER: I'll second your motion. 3 JUDGE TINLEY: We have a motion and a second. 4 Further question or discussion on that motion? 5 COMMISSIONER BALDWIN: Are you sure you do not want 6 to add the verbiage, "at the request of the Sheriff"? 7 SHERIFF HIERHOLZER: No. (Laughter.) I'll answer 8 that real quick. No. 9 COMMISSIONER BALDWIN: Don't make it your idea. 10 COMMISSIONER LETZ: Okay. 11 SHERIFF HIERHOLZER: I think his idea is great. I 12 have no problem with that. 13 COMMISSIONER LETZ: It's on the record. Thank you, 14 Buster. 15 COMMISSIONER BALDWIN: You're welcome. 16 COMMISSIONER OEHLER: It was per the Sheriff's 17 request. 18 JUDGE TINLEY: Insistence, I think, is the proper 19 term. 20 COMMISSIONER OEHLER: Well, I was being nice about 21 it. 22 JUDGE TINLEY: Any further question on the motion? 23 All in favor, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 5-23-11 116 1 (No response.) 2 JUDGE TINLEY: The motion does carry. Let's go to 3 Item 22, to consider, discuss, take appropriate action on 4 reallocating county match funds under the East Kerr County 5 Wastewater EDAP grant and amending the contract with Tetra 6 Tech regarding the same. Commissioner Letz? 7 COMMISSIONER LETZ: At this time -- did you say 8 Texas Tech or Tetra Tech? 9 JUDGE TINLEY: Tetra Tech. 10 COMMISSIONER LETZ: I'm handing out a -- the 11 proposed agreement that has not been approved by the County 12 Attorney yet, but we can still discuss the issue. You have 13 to go back to the beginning when this grant -- the EDAP grant 14 was first developed by Commissioner Williams and U.G.R.A. and 15 Texas Water Development Board. And when they -- it was 16 originally submitted as a single grant; then it was divided 17 between the County and U.G.R.A. Originally, the County was 18 going to do both the water and wastewater side. When it was 19 divided, it was felt that the wastewater side is where all of 20 the environmental assessment funds would come from. And 21 because the water side U.G.R.A. was doing, they didn't -- 22 they didn't need to do the assessment, because we were 23 building the sewer lines, and they'd pretty much be in the 24 same -- either in the right-of-ways, our same -- same 25 rights-of-way. 5-23-11 117 1 What has happened in the year since that thing was 2 originally approved, Water Development Board changed the 3 rules a little bit, and they want an assessment done on the 4 property, or a potential property where the water, I guess, 5 distribution treatment facility would go. Which is -- that's 6 U.G.R.A., but U.G.R.A. doesn't have any funding for that. We 7 didn't technically either, but all of the environmental 8 assessment has been done through Tetra Tech or Blanton 9 Associates through Tetra Tech. As far as economics, if we 10 can go -- and it's simpler if we can amend the contract with 11 Tetra Tech and do this other environmental assessment, the 12 cost of which is $12,495. The only money left in the grant 13 that has not been accounted for would come under the category 14 of in-kind or other -- or cash services that the County was 15 obligated to pay. We have paid some in-kind and some cash up 16 to now, and the request and the recommendation I have is that 17 we allocate an additional $12,495 to come out of our in-kind 18 or cash contribution to this project, so it doesn't increase 19 the budget at all. And I'll get with the Auditor as to where 20 these funds would come from. But it's still within the scope 21 of the original project, if that all makes sense, hopefully. 22 JUDGE TINLEY: Does your proposal include amending 23 the contract subject to the approval of the County Attorney, 24 of -- of amending -- 25 COMMISSIONER LETZ: Yes, it does. And it's a 5-23-11 118 1 little bit of a convoluted way to do it, but this is really 2 the way the Water Development Board wanted it done, is that 3 we're amending our contract with Tetra Tech, and they're 4 going to hire Blanton and Associates to do the assessment on 5 the site picked by Naismith Engineering firm, which was hired 6 by U.G.R.A. 7 COMMISSIONER BALDWIN: My lord. 8 COMMISSIONER OVERBY: Yeah. 9 COMMISSIONER BALDWIN: Ingram School didn't get in 10 on it? 11 COMMISSIONER LETZ: Anyway, so I move approval of 12 amending our contract with Tetra Tech in the amount of -- of 13 additional services for the amount of $12,495 to fund an 14 additional environmental archaeological assessment on tract 15 where a water treatment facility may be located. And these 16 funds will come from the county match/county contribution 17 portion of the grant, with the exact dollars -- location of 18 the dollars to be handled by a future budget amendment, or a 19 budget amendment with the County Auditor. 20 COMMISSIONER OVERBY: I'll second that motion. 21 JUDGE TINLEY: I have a motion and a second. Did 22 your motion include approval of the amendment agreement by 23 the -- is it subject to the approval of the amendment 24 agreement by the County Attorney? 25 COMMISSIONER LETZ: Yes, sir. 5-23-11 119 1 JUDGE TINLEY: And including my being authorized to 2 sign it? 3 COMMISSIONER LETZ: Yes, sir. 4 JUDGE TINLEY: Upon that occurring? 5 COMMISSIONER LETZ: Yes, sir. 6 JUDGE TINLEY: Okay. 7 MR. HENNEKE: Commissioner, so I'm clear, has 8 T.W.D.B. already approved this as something that would be the 9 county's -- fall underneath the county's in-kind, or would 10 this also be subject to their approval too? 11 COMMISSIONER LETZ: I'm not sure. They certainly 12 have been aware of it, and it's been on the e-mails and the 13 correspondence and how we're doing it. I don't know that 14 we've asked them to approve it. May not be a bad idea to do 15 that; that is consistent and appropriate. But they're pretty 16 much the ones who told us the way they wanted it done. 17 COMMISSIONER OVERBY: Mm-hmm. 18 COMMISSIONER LETZ: But I think it's a good idea, 19 just to cover everything, so that they don't change the rules 20 after the fact. 21 JUDGE TINLEY: That's obviously going to be 22 included within his review and approval process. Any other 23 questions or comments? All in favor of that motion, signify 24 by raising your right hand. 25 (The motion carried by unanimous vote.) 5-23-11 120 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Item 23; to 4 consider, discuss, take appropriate action to set a public 5 hearing for the final phase of the Kerrville South Wastewater 6 project. Commissioner Overby. 7 COMMISSIONER OVERBY: Yes, Judge. Again, this is 8 just before you here to set a final public hearing for the 9 completion of the Phase IV in the Kerrville South Wastewater 10 Project, with the request of setting 5 p.m. Tuesday, May 11 31st, for the final public hearing for the completion of 12 Phase IV of the Kerrville South Wastewater Project. That's 13 the motion made. 14 JUDGE TINLEY: Okay, and that's May 31? 15 COMMISSIONER OVERBY: May 31, Tuesday, 5 p.m. 16 COMMISSIONER LETZ: Second. 17 JUDGE TINLEY: All right. Motion made and seconded 18 to set a public hearing on the matter for May 31st, 2011, at 19 5 p.m. And that will be here in this courtroom? 20 COMMISSIONER OVERBY: That's correct. 21 JUDGE TINLEY: All right. Question or discussion? 22 All in favor of the motion, -- 23 COMMISSIONER BALDWIN: Is there a -- question. 24 Wait, I saw something that you were going to be here to 25 conduct it. Who is going to conduct the public hearing? 5-23-11 121 1 COMMISSIONER OVERBY: Well, Grantworks will be 2 here. And I've -- I was going -- 3 COMMISSIONER BALDWIN: Somebody from this table 4 needs to be here. 5 COMMISSIONER OVERBY: Somebody from this table 6 needs to be here. 7 COMMISSIONER BALDWIN: Didn't I see that your 8 name -- 9 COMMISSIONER OVERBY: There's been a bunch of 10 e-mails come back with dates, so -- 11 COMMISSIONER BALDWIN: No? 12 JUDGE TINLEY: I don't know. One way or the other. 13 COMMISSIONER OVERBY: Yeah. But set it for -- 14 somebody will be here for 5 p.m. on Tuesday, the 31st. 15 COMMISSIONER OEHLER: Only takes one commissioner, 16 though? 17 COMMISSIONER OVERBY: That's correct. 18 COMMISSIONER OEHLER: Okay. And that will be 19 either yourself or Commissioner Letz? 20 COMMISSIONER BALDWIN: No. 21 COMMISSIONER OVERBY: Well -- 22 COMMISSIONER BALDWIN: It will probably be either 23 one of us, and it won't be me. 24 COMMISSIONER OVERBY: I will be here. And, to 25 answer your question, I'll be here at 5 p.m. on Tuesday, the 5-23-11 122 1 31st. 2 COMMISSIONER OEHLER: Okay. 3 COMMISSIONER LETZ: Don't throw me in this thing. 4 JUDGE TINLEY: Any other questions or comments? 5 Anything else you want to throw into this, Commissioner 6 Baldwin? 7 COMMISSIONER BALDWIN: No, sir, I don't. I'm 8 excited about this. 9 COMMISSIONER OVERBY: We'll move on down the road. 10 COMMISSIONER OEHLER: Not going to be here, anyway. 11 COMMISSIONER OVERBY: That's right. 12 JUDGE TINLEY: All in favor, signify by raising 13 your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. Item 24; consider, 18 discuss, take appropriate action to release request for 19 qualifications/proposals for EMS services for unincorporated 20 areas of Kerr County for FY 2011-12. I put this on the 21 agenda today as a result of the action which we took last 22 Wednesday, I believe it was, and the discussion that took 23 place then. 24 COMMISSIONER OEHLER: Well, I would say that that 25 would be in order, providing the City doesn't take the offer 5-23-11 123 1 that was presented to them last Wednesday. 2 COMMISSIONER LETZ: I -- I don't want to send the 3 wrong vibes down the street, but I think we do it anyway, 4 because we have a long ways to go with the City. If they 5 assume -- they accept it, we still have to work out an actual 6 agreement, and -- and as things have been tied together, I'm 7 not sure if we -- if something falls apart on one of those 8 agreements, if it queers the whole deal. That's assuming 9 they even accept our offer. So, I mean, I think that we 10 continue. We can always cancel the process, but I don't 11 think we can wait too much longer to start the process. 12 COMMISSIONER BALDWIN: I'm in agreement with you. 13 I look at it a little bit differently. I -- I'm tired of a 14 government entity telling us how to run our business, or 15 directing how we run our business. So, I think that we need 16 to cock the hammer on this thing. And the County Attorney 17 has, a couple of times, spoken to us, or at least a couple of 18 us that I know of, that we may need -- he's recommending 19 maybe we need to get some professional to go over this 20 document one more time. I mean, looks great to me. Looks 21 like it's ready to go. But get -- possibility of getting 22 someone, a professional, to look at it to make sure that it's 23 -- we're ready to pull the trigger on the thing if we need 24 to. I just don't know about that. I just don't know if we 25 need to or not. I mean, like, I'm looking at it from a -- 5-23-11 124 1 just an old country boy, and it looks like a good document. 2 COMMISSIONER LETZ: I mean, I think the -- the 3 document is basically for us to enter into discussions with 4 the company. 5 COMMISSIONER BALDWIN: Yeah. 6 COMMISSIONER LETZ: So it's not -- we're not 7 setting out all the nuts and bolts, how it will work. It's 8 trying to -- and I think we're probably okay to send this 9 out. We may want to get some assistance, like you're saying, 10 when the -- the proposals come back, because I think we'll 11 need some help. I would need help. 12 JUDGE TINLEY: By classifying as a professional 13 service and sending it out as an RFQ, -- 14 COMMISSIONER BALDWIN: Yeah. 15 JUDGE TINLEY: -- I think, in listening to what's 16 being proposed, once we sort through the qualifications 17 process, at that point we determine all these particulars 18 that are relevant, that a true expert in that field might be 19 able to provide us assistance on. 20 COMMISSIONER BALDWIN: Yeah. 21 COMMISSIONER LETZ: Okay. 22 COMMISSIONER OVERBY: I agree. I hope, again, that 23 Tuesday night, Council will really look at it strong and hard 24 in considering our request of our proposals to them. And, 25 again, if that -- you know, somehow that breaks down 5-23-11 125 1 communication, then, you know, we have to look at what our 2 alternatives in protecting our citizens. I understand what 3 you're saying, Commissioner Letz. 4 JUDGE TINLEY: We need to move this forward so that 5 we're in a position to exercise our options. 6 COMMISSIONER BALDWIN: Very good. 7 COMMISSIONER LETZ: So, I -- 8 COMMISSIONER BALDWIN: Do we need a motion? 9 JUDGE TINLEY: The -- in a prior court order, I 10 think we authorized the preparation. I've worded this as the 11 release of the request for qualifications, so from that 12 standpoint, it'd probably be good to have one. 13 COMMISSIONER BALDWIN: Okay. I move for approval. 14 COMMISSIONER OEHLER: Second. 15 JUDGE TINLEY: Motion made and seconded. Question 16 or discussion? All in favor, signify by raising your right 17 hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: Motion carries. Let's go to 25; to 22 consider, discuss, and take appropriate action to move funds 23 into part-time salary line item to allow for part-time help 24 in the Tax Office. Yes, ma'am? 25 MS. BOLIN: Yes. We have an issue with our 5-23-11 126 1 vacations. If anybody's out sick, during lunches -- we 2 already rotate lunches, lunch hours. From 11:30 to about 3 1:30 are our busiest times. As it stands now, during the 4 first week of June, I will have two people only in my motor 5 vehicle department because of schooling and a vacation that 6 had been planned for almost a year. And all I'm asking is to 7 move a little bit of money into part-time to have somebody 8 come in during lunches and help cover us during, like, a 9 three- or four-hour period. I've talked to the Auditor; she 10 said she found some money. And it shouldn't be too much, 11 probably $3,000, and probably not even use all of that. 12 COMMISSIONER OEHLER: I'm not in favor of it. I'll 13 tell you that up front. I think you have enough people in 14 your office to cover. That's just me. I can be totally 15 wrong, but I'm not for it. 16 MS. BOLIN: Well, I don't -- I don't like the idea 17 of only having three people in my office during lunches, 18 which happens even with rotating lunch hour, and I have one 19 that goes at 4:00 so that we can keep three people at the 20 motor vehicle counter. But with what -- the two people that 21 I use the most in my coverage are my elections people, and 22 with everything that they're working on -- I got my 23 redistricting maps today; we'll be working on that today. I 24 have two people on my motor vehicle counter and a supervisor. 25 COMMISSIONER OVERBY: Is that for help through the 5-23-11 127 1 summertime? Is that what your request is for, is three 2 months to get you there? 3 MS. BOLIN: Mm-hmm. 4 COMMISSIONER OVERBY: Okay. 5 MS. BOLIN: And it's not going to be every single 6 day; it'll just be when I need it. 7 COMMISSIONER BALDWIN: How do you know when you 8 need it? Real question. I'm not trying to be cute. 9 MS. BOLIN: No, and I understand that. Because I 10 can look at how things are -- are -- like this week that I'm 11 talking about, first week of June. There's going to be four 12 of us out of the office because of schooling and because of 13 vacations, and that puts a real hardship on the office during 14 lunches. And I -- and I have a very hard problem with having 15 only three people or four people in my office to cover all 16 three departments during lunch. 17 JUDGE TINLEY: You would have one in each -- each 18 of the -- 19 MS. BOLIN: Each of the departments. 20 JUDGE TINLEY: -- functions of your office, would 21 you not? 22 MS. BOLIN: Mm-hmm. But if you have a customer 23 that has a complex problem in taxes, and the phone's ringing, 24 or if you have one or two people on motor vehicle desk, and 25 we have a line out the door, like we've had today, because 5-23-11 128 1 there's only two people there, then what do you do? And then 2 you've got one that has to go to lunch. That leaves one. 3 COMMISSIONER OVERBY: Where would the funds come 4 from, again? You said -- 5 MS. BOLIN: The Auditor said that she found them, 6 apparently either FICA or the retirement, when my chief 7 deputy retired last year, was not recalculated for this 8 year's budget, and she found it in there. And, like I said, 9 it's not going to be every single day. It's not going to be 10 every week. I've got people -- I've got one that's got four 11 weeks of vacation. I've got two that have three weeks of 12 vacation, plus your ones that have two weeks of vacation. 13 JUDGE TINLEY: Silence is golden. 14 MS. BOLIN: Yeah. Well, not in this case. 15 JUDGE TINLEY: Well -- 16 COMMISSIONER OVERBY: I'll make a motion to approve 17 the $3,000 for the use this summer, for these three months, 18 to help out in our Tax Offices for a part-time help for those 19 three months, and to use those funds that have been 20 designated and saved through the use for this through the 21 Auditor's request. I'll make a motion to that. 22 JUDGE TINLEY: I have a motion. Do I hear a 23 second? 24 (No response.) 25 JUDGE TINLEY: Dies for lack of a second. Any 5-23-11 129 1 further motions on this item? 2 COMMISSIONER LETZ: I'll make a comment. Diane, 3 the reason I just can't go along with it, I understand that 4 there are people who have to wait, but that's just life. I 5 mean, if people want us to continually cut back, cut back on 6 government, which is what I'm hearing from my constituents, 7 that means that they're going to have to start waiting some. 8 And I understand it's an inconvenience in your office, and I 9 know your scheduling is difficult, but, you know, we're here 10 to serve the people, but at the same time, we have to look at 11 the -- I guess, how much money we're spending, and we have 12 got to stop spending. 13 MS. BOLIN: And I do understand that. What I'm 14 also looking at is the morale in my office. And that has a 15 lot to do with it, when have you people in your face all day 16 long, and you don't get a break, because my people -- I might 17 have one or two to take a break, but normally they do not 18 take breaks. They jump up, run to the restroom, go right 19 back to their desk. And it's not just the public standing in 20 front of us. We have boxes where the dealers come in and 21 drop their paperwork off. When you have people in your face 22 all day, you don't get to do that. When is it going to be 23 done? Who's going to do it? I can't pay overtime; they 24 can't come in and work on Saturday or work late. So, it's 25 not just people in your face. It's also the dealers that we 5-23-11 130 1 have to deal with. So, I'd be more than happy for y'all to 2 come and watch. 3 JUDGE TINLEY: I'll be looking in. Thank you. 4 MS. BOLIN: I think you kind of understand, and so 5 does Commissioner Baldwin. 6 JUDGE TINLEY: Okay. Items 26 and 27 potentially 7 have some executive session aspects to them. Let's go to 8 Section 4 of the agenda. Payment of the bills. 9 MS. MABRY: Hello. 10 COMMISSIONER BALDWIN: Page 18 -- why don't I just 11 take off? 12 JUDGE TINLEY: Why don't do you that? 13 COMMISSIONER BALDWIN: All right. Page 18. I 14 can't remember exactly -- I think this is Fund 30, maybe. 15 MS. MABRY: 31. 16 COMMISSIONER BALDWIN: Parks. Is that the... I 17 guess my question is, is this the same fund we dealt with 18 with this? 19 MS. MABRY: Yes, it is. 20 COMMISSIONER BALDWIN: To rebuild Center Point? 21 COMMISSIONER OVERBY: What -- 22 COMMISSIONER BALDWIN: And there's -- there's $678 23 here. How much is in that fund? 24 MS. MABRY: I would have to look and see how much 25 is remaining in that fund. I don't know at the moment. 5-23-11 131 1 COMMISSIONER BALDWIN: Can you tell me what this 2 $678 does for Ingram Lake Park? 3 MS. MABRY: Well, the only thing I can tell from 4 looking at the description is that they're supplies and small 5 tools which have been charged to the parks. I am assuming -- 6 which, again, that's just an assumption -- that it was Tim's 7 crew that usually needs things for parks maintenance. 8 COMMISSIONER OEHLER: Looks to me like all the 9 buoys got replaced. 10 COMMISSIONER BALDWIN: Yeah, I see the buoys -- I 11 understand the buoy part of it. I don't understand the small 12 tools at Ingram Lake. 13 COMMISSIONER OEHLER: I don't either. 14 COMMISSIONER BALDWIN: So maybe I will look into 15 that for you. You know how Tim is. 16 COMMISSIONER LETZ: Commissioner, to answer your 17 question, under the -- 18 COMMISSIONER BALDWIN: Oh. 19 COMMISSIONER LETZ: There's 39,000 in that fund 20 right now. 21 COMMISSIONER BALDWIN: Okay. 22 COMMISSIONER LETZ: I guess, cash in the bank. 23 MS. MABRY: That's the cash balance. 24 COMMISSIONER BALDWIN: I just had a -- a new park 25 pop up in my precinct. Page 27 is the 216th District 5-23-11 132 1 Attorney. What is Iron Mountain Information -- whatever? 2 Phone? 3 JUDGE TINLEY: Records storage. 4 MS. MABRY: Yes. 5 COMMISSIONER BALDWIN: Iron Mountain is record -- 6 MS. MABRY: Electronic records storage. 7 COMMISSIONER BALDWIN: Listed as telephone. 8 MS. MABRY: Usually, all of information technology, 9 anything relating to I.T., if it's a reoccurring service, 10 it's usually charged to the telephone line item. 11 COMMISSIONER BALDWIN: Okay. 12 JUDGE TINLEY: I guess what they do, they turn in 13 the hard copy, Iron Mountain then scans it all, puts it on 14 disk and sends the disk back, so you get rid of all the hard 15 copy storage. 16 COMMISSIONER BALDWIN: Good. 17 MS. MABRY: They're also responsible for any 18 backup. They keep backup electronically. 19 COMMISSIONER BALDWIN: That's a good explanation. 20 Thank you very much. 21 MS. MABRY: Sure. 22 COMMISSIONER BALDWIN: That's all the questions I 23 have right now. It's probably all that I'll get the 24 opportunity to ask, right? 25 JUDGE TINLEY: No, you -- you can ask all you wish, 5-23-11 133 1 Commissioner. 2 COMMISSIONER BALDWIN: I'm through. I am through. 3 JUDGE TINLEY: In the poker vernacular, you're all 4 in, right? 5 COMMISSIONER BALDWIN: I'm all in, pal. 6 MS. MABRY: Must be lunchtime. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER LETZ: Move we pay the bills. I don't 9 think there's a motion yet. 10 JUDGE TINLEY: No, there's not. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE TINLEY: Motion and second that we pay the 13 bills. Question or discussion? All in favor, signify by 14 raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion carries. Budget amendments. 19 Looking at a summary sheet, Request Numbers 1 through 5, 20 budget amendments, any questions on those? Do I hear a 21 motion for approval of the budget amendments as shown by 22 Items 1 through 5 on the summary sheet? 23 COMMISSIONER OEHLER: I'll move approval. 24 COMMISSIONER OVERBY: I'll second. 25 JUDGE TINLEY: Motion made and seconded for the 5-23-11 134 1 budget amendments, as shown by Items 1 through 5 on the 2 summary sheet provided. Question or discussion? 3 COMMISSIONER LETZ: Question. Why did Road and 4 Bridge -- am I reading this the right way? Property 5 insurance, money came from -- oh, it came from that to the 6 Comfort shop property purchase. 7 JUDGE TINLEY: Mm-hmm. 8 COMMISSIONER LETZ: What did we buy in Comfort? 9 MS. SOLDAN: The land for their shop, for their 10 new -- 11 COMMISSIONER BALDWIN: I wondered when we -- 12 COMMISSIONER LETZ: We haven't bought anything. 13 COMMISSIONER BALDWIN: I wondered when we bought 14 something. 15 COMMISSIONER LETZ: We bought some right-of-way 16 property, but that should -- it's not shop purchase; it's 17 right-of-way purchase for the Hermann Sons project. 18 JUDGE TINLEY: That's not that amount, either. 19 It's about a third of that, isn't it? 20 COMMISSIONER LETZ: Well, it's -- yeah, about -- 21 about half. No, it's -- I can't remember. If you total it 22 all up, it's not 17,9. 23 JUDGE TINLEY: About $600, $700, isn't it? 24 COMMISSIONER LETZ: Well, it was -- it's probably 25 about -- all three of the tracts could be 17,9, if you add 5-23-11 135 1 the Avalos that we purchased a long time ago. 2 JUDGE TINLEY: Oh, I wasn't including that. I was 3 just including the two from the ball fields. 4 MS. MABRY: Here's the backup on that. 5 COMMISSIONER LETZ: Kerr County Abstract. Goes to 6 Kerrville -- Comfort Youth Baseball, Jim Roerig, and budget 7 amendment -- the amendment was 12,238.54 -- oh, that was one 8 price. The other one is 6 -- 5,656. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER LETZ: But, anyway, it should be noted 11 that's right-of-way purchase, not shop acquisition. 12 MS. MABRY: We will change that on the note. 13 COMMISSIONER OEHLER: Yeah. 14 COMMISSIONER BALDWIN: Did you know -- I know this 15 is -- it's kind of -- seems like it's hard to grasp, but 16 Comfort is in Kendall County. I just thought I'd say that 17 one more time. You know, repetition is the price of 18 knowledge. If we keep at it, we might be able to -- 19 COMMISSIONER LETZ: Yeah, but the baseball fields 20 are in Kerr, and Hermann Sons is in Kerr. 21 COMMISSIONER BALDWIN: Oh, man. 22 COMMISSIONER OEHLER: Just by less than a stone's 23 throw. 24 COMMISSIONER BALDWIN: That's close as we're going 25 to get right there, I can tell. 5-23-11 136 1 JUDGE TINLEY: We have a motion and a second? 2 COMMISSIONER OEHLER: Yes. I made the motion. 3 COMMISSIONER OVERBY: I seconded. 4 JUDGE TINLEY: Okay. Any further question or 5 discussion on the motion on the budget amendments? All in 6 favor, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: Motion carries. Late bills. We had 11 one there? 12 MS. MABRY: I have an additional late bill. I'm 13 not sure if you gentlemen have copies of it. It's for Terry 14 Napper. All I've got is two copies. This is for the -- 15 COMMISSIONER OEHLER: All the Sheriff's late phone 16 bills. They're going to get terminated if the bills don't 17 start getting paid on time. 18 MS. MABRY: Actually, we did some research on that 19 and found out that it was actually stamped in at the 20 Sheriff's Office on 4/30, and turned in to us on 5/13, so 21 there's two weeks in between. And we have a court order that 22 states that we're allowed to pay those every week as they're 23 turned in, so we'd be more than happy to pay them when we get 24 them. 25 JUDGE TINLEY: That's on the utilities? 5-23-11 137 1 MS. MABRY: On utility bills. 2 JUDGE TINLEY: Yeah, okay. I have late bills for 3 lease payment to Mr. Napper on the first month's rent on the 4 Ingram annex, we have UniFirst Holdings, and -- and 5 Windstream. UniFirst -- UniFirst is $40.43, Windstream is 6 454.40, and Napper is 800. 7 COMMISSIONER OEHLER: 800. 8 JUDGE TINLEY: Do I hear a motion that these late 9 bills be approved and paid? 10 COMMISSIONER OVERBY: Make a motion. 11 COMMISSIONER LETZ: Second. 12 JUDGE TINLEY: Motion made and seconded that the 13 indicated late bills be approved and paid. Question or 14 discussion? All in favor, signify by raising your right 15 hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion does carry. Reports? I've 20 been presented with monthly reports from Justice of the 21 Peace, Precinct 4; Justice of the Peace, Precinct 1; District 22 Clerk; County Clerk, Kerr County Payroll for May 2011; Kerr 23 County Treasurer report for April 2011; monthly investment 24 report as of April 30, 2011. Do I hear a motion that the 25 indicated reports be approved as presented? 5-23-11 138 1 COMMISSIONER BALDWIN: So moved. 2 COMMISSIONER OEHLER: Second. 3 JUDGE TINLEY: Motion made and seconded that the 4 indicated reports be approved as presented. Question or 5 discussion? All in favor of the motion, signify by raising 6 your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. Reports 11 from Commissioners in their liaison supervision assignments? 12 Commissioner Oehler? 13 COMMISSIONER OEHLER: Dealing with Peter Lewis on 14 trying to get some specifications so that we can go out for 15 bid on the lights for the new outdoor arena, as well as 16 restroom and concession facilities, and possibly including 17 bleachers. Ray Garcia and I are going to San Antonio on 18 Wednesday to meet with an engineering firm to talk about -- 19 or try to get more information about a small sewage treatment 20 plant that would treat septic pumpers' sewage. Because City 21 of Kerrville stopped some last week from being able to pump 22 -- or offload their -- their loads that were pumped from 23 septics out in the county. And they'd already scheduled a 24 time to do that, but when they got there, they were turned 25 away. And so this is just kind of getting information to see 5-23-11 139 1 where we go from here. And -- 2 COMMISSIONER BALDWIN: Program's not working real 3 well, huh? 4 COMMISSIONER OEHLER: Huh? 5 COMMISSIONER BALDWIN: That -- the little program 6 is not working real well. 7 COMMISSIONER OEHLER: Evidently not. Pete Clanton, 8 I believe, got turned away, and he'd already scheduled a time 9 to pump somebody out, and then arrived at the plant and was 10 turned away. So, this problem evidently is going to be an 11 ongoing thing, so we need to move forward. 12 COMMISSIONER BALDWIN: I got to -- just my fear 13 that one of these days, somebody's going to be turned away, 14 and they have other jobs scheduled out in front of them -- 15 you know, they're trying to make a living. And somebody's 16 going to drive out in the brush or some creek or someplace 17 and dump it, and that's -- that's going to be horrible. 18 We're going the wrong direction with that kind of thing. 19 COMMISSIONER LETZ: Commissioner, can you -- well, 20 we can put it as an agenda item. 21 COMMISSIONER OEHLER: Anyway, I'll have more -- 22 I'll have more knowledge when Ray and I get back from San 23 Antonio, approximate cost and size of the area that we would 24 need to do something like this. And there are funds 25 available through a small business loan through T.C.E.Q. 5-23-11 140 1 There would probably be some grants, because we -- we would 2 be the very first county that has taken the initiative to 3 address this situation. There's nobody else, from what 4 T.C.E.Q. told us, that we were -- two weeks ago, they would 5 do everything in their power to try to help us. 6 JUDGE TINLEY: We've got to address that issue, 7 because if we continue to have this growth out in the county, 8 Commissioner -- latest census figures showed the city growth 9 at just under 9 percent. County was growing at about 14. 10 So, -- 11 COMMISSIONER OEHLER: Yeah. 12 JUDGE TINLEY: -- one and a half times. 13 COMMISSIONER OEHLER: And over half our citizens 14 are on O.S.S.F. systems. And it's not only that, but you 15 have restaurants and stuff within the city that have to be 16 pumped. There -- there are a lot of things that they don't 17 realize, that it's not all outside the city limits. 18 COMMISSIONER BALDWIN: Are they still accepting 19 pumps from outside the county? 20 COMMISSIONER OEHLER: They are. That factors into 21 it, I think, somewhat. And what happens is, some of our 22 pumpers are going across the county line and bringing it in, 23 not so much contractors that are in other counties. Those 24 are allowed to pump, off-load in, like, the Fredericksburg -- 25 COMMISSIONER BALDWIN: Yeah, mm-hmm. 5-23-11 141 1 COMMISSIONER OEHLER: But they won't allow anybody 2 else coming in and -- and dumping over there. 3 JUDGE TINLEY: What other -- what other counties 4 have -- or cities have wastewater treatment facilities that 5 are permitting the septic people to dump? 6 COMMISSIONER OEHLER: Well, the only ones that I'm 7 aware of is Fredericksburg allows their own folks to dump. 8 And I don't know about Comfort, but Comfort's not allowing us 9 to take any down there, and the closest place is San Antonio. 10 You're talking about a huge expense if they have to start 11 hauling it to San Antonio, and the cost is going to get so 12 high, people can't afford to do it. We're going to have more 13 failing systems. We're going to go backwards from where 14 we've gotten to with trying -- 15 COMMISSIONER BALDWIN: Yeah, we're going backwards. 16 COMMISSIONER OEHLER: And if we don't do 17 something -- and I think it's going to be -- to be 18 affordable, and necessary. Because this can't -- can't 19 persist with the City not allowing, you know, more than 20 10,000 gallon -- gallons a day to be dumped into their 21 system. That's where they are right now; they've got it 22 restricted to that amount. Sometimes one pumper can do that 23 in a day. So, anyway, that's enough of that. 24 JUDGE TINLEY: Anything else? 25 COMMISSIONER OEHLER: No. 5-23-11 142 1 COMMISSIONER BALDWIN: No, sir. 2 JUDGE TINLEY: Got anything to offer? 3 COMMISSIONER BALDWIN: No, sir, thank you. 4 COMMISSIONER OVERBY: Only other thing, I did get a 5 report from AACOG. Everybody remembers our weatherization 6 program that we did. We had 67 applications. We have 45 who 7 are qualified and who will be getting assistance. And so -- 8 JUDGE TINLEY: Do we know the average -- 9 COMMISSIONER OVERBY: The average amount is 6,500 10 per. Some of those may be more, but average is 65. So, if 11 we just run those numbers with what we've got, you know, it's 12 300,000 plus, and we're going to be able to help some folks 13 who need some assistance. 14 JUDGE TINLEY: 300. 15 COMMISSIONER OVERBY: 300,000. 16 COMMISSIONER LETZ: Only thing I think I have is 17 that Region J will be meeting this week, accepting feedback 18 from the public for the next planning cycle. We're meeting 19 in Kerrville and Del Rio. Kerrville's on Wednesday? 20 MS. GRINSTEAD: I think. 21 COMMISSIONER LETZ: I can't remember. 22 MS. GRINSTEAD: The 25th is Kerrville, and then 23 26th is Del Rio. 24 COMMISSIONER LETZ: Meeting in Kerrville at the 25 U.G.R.A. 1 o'clock? 5-23-11 143 1 MS. GRINSTEAD: Mm-hmm. 2 COMMISSIONER BALDWIN: Jody's really excited about 3 that, I can tell. 4 COMMISSIONER OEHLER: I can tell she's looking 5 forward to the trip to Del Rio. 6 JUDGE TINLEY: She has made a lot of comments about 7 Region J recently. 8 MS. GRINSTEAD: Yeah. 9 COMMISSIONER BALDWIN: She sure has. Sure can't 10 repeat them in here, though. (Laughter.) 11 JUDGE TINLEY: Okay. Elected officials? 12 Department heads? 13 MS. BOLIN: I just wanted to say that we're up .35 14 percent on our collection rate. We're at 94.92 percent. 15 JUDGE TINLEY: Okay. 16 MS. BOLIN: With delinquents to go out this month. 17 JUDGE TINLEY: Anything else? Sheriff? 18 SHERIFF HIERHOLZER: Real quick, first I'd 19 encourage y'all to come out and see the garden. Things are 20 up, and I think you'll be impressed with the number of 21 inmates out there working, and the fitness facility. Second 22 is, I think our garden is having an impact on our daily jail 23 population because of the good time credit I was able to give 24 an expanded group of inmates at that time. This morning's 25 jail population was 135. 5-23-11 144 1 COMMISSIONER BALDWIN: Whoa. 2 SHERIFF HIERHOLZER: With 39 of them sentenced, 3 just either waiting to be transported to T.D.C. or serve out 4 their time, which is where the garden work helps come in. We 5 do have some of the things I'm a little concerned about. 6 Thirty-two of them have been in there over 100 days, that 7 still are waiting for trial or to get taken care of. Nine 8 have been there over 200 days, three over 300, and one over 9 400, still waiting get to court. 10 COMMISSIONER BALDWIN: Whose are they? 11 SHERIFF HIERHOLZER: Everybody's. Some are -- most 12 -- well, both district courts are pretty equal. I can break 13 it out which ones are which. A lot of them have -- on the 14 district court holds, a lot of them still have county court 15 charges that aren't taken care of yet. That may be because 16 they're intertwined with the district court charges. A lot 17 of them have immigration holds on them, which tells the 18 districts courts they're not going anywhere, so there's no 19 hurry, and a lot of them have parole holds on them, which 20 also says they're not going anywhere, no hurry, put them on 21 the back burner. And, unfortunately, that's where we are. I 22 wish we'd get the courts to speed those up. But all in all, 23 you know, 135, I think, is -- is good at this time of year 24 when -- when normally we're a little bit higher. And we were 25 up until the garden opened, so I'm kind of pleased with the 5-23-11 145 1 way that's going. 2 COMMISSIONER OEHLER: What are you going to do with 3 all the vegetables? 4 SHERIFF HIERHOLZER: We are going to -- I've talked 5 with our contract on the kitchen help. You know, this -- 6 this first year is kind of a learning -- a learning seed. We 7 have the -- the orientation for the master gardeners that are 8 going to volunteer. That -- that was set for this morning, 9 get them -- and get them to come out and help. The first -- 10 we have talked with the contract people to where if we can 11 produce enough and supply, we may be able to get a break on 12 our in-house food costs. I mean, the meals are right now 13 costing us $1.26 a meal, which I think is very -- you know, 14 it's a very good price, but we may even get some break off 15 that using fresh vegetables. I still want to get with the 16 Meals on Wheels program and some of the food banks on 17 donating the rest of it that we can get on that, 'cause it 18 will be a large amount of produce once it really gets off and 19 going well. The one other comment, changing the subject from 20 what y'all were talking about with the on-site septic stuff 21 just a minute ago, I had a call from a businessman a few 22 weeks ago that has a business partly inside Kerr County and 23 inside the city of Kerrville, and he has very large tanks 24 that have to be pumped all the time. 25 COMMISSIONER OEHLER: I know. 5-23-11 146 1 SHERIFF HIERHOLZER: He called me all frantic 2 because city inspectors were there on what was reported as a 3 leak into the Guadalupe River, and they wanted to make sure 4 that we didn't get a call, 'cause they didn't have any leak. 5 Turned out what happened, his pumper needed to dump his stuff 6 at the city plant and was denied because he had gone over his 7 amount, so he told them it was an exigent circumstance, that 8 this facility he got it from had a bad leak, and it was 9 draining into the river so bad, so he had to get back out 10 there and pump more, and then they let him dump. But it 11 caused this constituent all kinds of problems, 'cause he 12 never had one. It's -- it's the -- and what Buster is saying 13 about somebody going to dump them out in the country, that's 14 exactly what's going to happen, because you can kind of see 15 they're already trying to make excuses to be able to get -- 16 to get that stuff dumped. It's their business. 17 COMMISSIONER LETZ: Commissioner, we need to put it 18 on our next agenda so we can discuss this. 19 COMMISSIONER OEHLER: I will. I'll have more 20 knowledge next time. 21 COMMISSIONER LETZ: I'd like to ask the County 22 Attorney some questions next time. I'm confused as to why... 23 MR. HENNEKE: I'll be glad to visit with you before 24 the next meeting, too. 25 JUDGE TINLEY: Any elected officials? Department 5-23-11 147 1 heads? Okay. Let's go back to Items 26 and 27. Why don't 2 we go out of public or open session at this time, go into 3 executive or closed session. It is 12:18 p.m. 4 MR. HENNEKE: Judge, is the Court going to do so 5 under Sections 551.071, and .074 for executive sessions? 6 You've got .071 as confer with attorney -- I'm sorry, .071 is 7 confer with your attorney, and .074 is discussion of 8 personnel matters. 9 JUDGE TINLEY: Mainly personnel, but to the extent 10 that .071 may be applicable. 11 MR. HENNEKE: Okay. 12 (The open session was closed at 12:18 p.m., and an executive session was held, the transcript of which 13 is contained in a separate document.) 14 - - - - - - - - - - 15 JUDGE TINLEY: Okay, it is 12:45. We'll go back 16 into open or public session. Any member of the court have 17 anything to offer with regard to Item 26; to consider, 18 discuss, and take appropriate action to approve allocation of 19 human resources functions or duties on an interim basis to 20 County Auditor's office, County Treasurer's office, and Human 21 Resources? 22 COMMISSIONER LETZ: I'll move that all functions of 23 the Human Resources Department be transferred to the 24 Treasurer's department for oversight purposes. 25 COMMISSIONER BALDWIN: Second. 5-23-11 148 1 JUDGE TINLEY: Motion made and seconded -- that's 2 interim basis? 3 COMMISSIONER LETZ: On an interim basis. 4 JUDGE TINLEY: All right. Motion made and seconded 5 as indicated. Question or discussion? All in favor, signify 6 by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. Item 27; 11 consider, discuss, and take appropriate action to designate 12 new administrators for various human resources functions, 13 including, but not limited to, investment, medical health 14 benefits, insurance benefits, banking functions, retirement, 15 and personnel functions. Any member of the Court have 16 anything to offer with respect to that item? 17 COMMISSIONER LETZ: I'll make a motion that we 18 authorize the County Judge to make any correspondence by any 19 of the functions handled by the H.R. department as needed, to 20 authorize the Treasurer -- 21 JUDGE TINLEY: To be the administrator? 22 COMMISSIONER LETZ: That's it, to be administrator. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER LETZ: Help me out, Judge. 25 JUDGE TINLEY: Treasurer's the administrator for 5-23-11 149 1 those functions. I'll make the necessary notifications as 2 required? 3 COMMISSIONER LETZ: That's what I said. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER BALDWIN: That's what I want to 6 second. I knew it. 7 JUDGE TINLEY: All right. We have a motion and a 8 second as indicated. Further question or discussion? All in 9 favor, 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 carried. Anything else to 14 come before the court today? We're adjourned. 15 (Commissioners Court adjourned at 12:47 p.m.) 16 - - - - - - - - - - 17 18 19 20 21 22 23 24 25 5-23-11 150 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 27th day of May, 2011. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5-23-11