1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, June 13, 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 June 13, 2011 2 PAGE --- Commissioners' Comments 6 3 1.2 Consider/discuss, take appropriate action for 4 approval of preliminary revision of plat for Lots 119 and 120 of Vistas Escondidas De Cypress 5 Springs Estates; set public hearing 10 6 1.3 Consider/discuss, take appropriate action for approval of preliminary revision of plat for 7 Lots 78 and 79A of Cypress Park, Section Two; set a public hearing 12 8 1.4 Consider/discuss, take appropriate action for 9 approval of preliminary revision of plat for Lots 45 and 46 of Bee Caves Ranch; set a public 10 hearing 13 11 1.5 Consider/discuss, take appropriate action for approval of preliminary revision of plat, Lot 79 12 of Clear Springs Ranch Estates; set public hearing 15 13 1.1 Consider/discuss, take appropriate action to authorize lease or long-term use agreement to 14 be drafted between Kerr County and District Junior Livestock Association; authorize 15 Commissioners Letz & Oehler to negotiate the specifics of the agreement with the Association 16 16 1.6 Consider/discuss, take appropriate action for 17 the Court's approval to change certification for Floodplain Index Block for plats in all precincts 20 18 1.7 Consider/discuss, take appropriate action to 19 approve maintenance agreement with CAD Supplies for plat machine; authorize Judge to sign same 24 20 1.8 Consider/discuss, take appropriate action to 21 approve interlocal agreement for mental health services with Camp County 25 22 1.9 First Responder report from Eric Maloney 26 23 1.10 Consider/discuss, take appropriate action on 24 offer from Texas National Guard Armory Board which gives Kerr County preferential right to 25 purchase Texas National Guard Armory property on Meadowview Lane, Kerrville, for $300,000 45 3 1 I N D E X (Continued) June 13, 2011 2 PAGE 1.11 Consider/discuss, take appropriate action to 3 address possibly prohibiting the sale or use of restricted fireworks (i.e., "skyrockets 4 with sticks" and "missiles with fins") in any portion of unincorporated area of Kerr County 5 for 4th of July holiday, or a recommendation that the County Judge declare Kerr County a 6 disaster area due to drought and ban all fire- works, with authorization to seek extension of 7 such disaster status from the Governor 51 8 1.12 Consider/discuss, take appropriate action on the renovation and expansion of Hill Country 9 Exhibit Center Project located at 3705 Hwy. 27 52 10 1.14 Consider/discuss, take appropriate action to authorize going out for bids for lighting for 11 outdoor rodeo arena at HCYEC 62 12 1.13 Consider/discuss, take appropriate action to approve purchase of software lease from Rescue 13 Connection; authorize County Judge to sign same 78 14 1.18 Consider/discuss, take appropriate action regarding contract and proposed contract 15 amendment with Freese and Nichols regarding Flat Rock Dam and Ingram Dam concrete cap void 16 grouting project 80 17 1.21 Consider/discuss, take appropriate action to provide office space for State Food Protection 18 Management Coordinator of Texas AgriLife Extension 92 19 1.15 Consider/discuss pending or proposed interlocal agreements with City of Kerrville for various 20 services/operations; take appropriate action 100 21 1.16 Consider/discuss, take appropriate action to expand authority of War Memorial Committee to 22 consider prospective individuals to be included on the war memorial and recommendation to the 23 Court for consideration and approval 108 24 1.17 Consider/discuss, take appropriate action to authorize Animal Control employees to receive 25 rabies pre-exposure vaccine and provide for payment of same 115 4 1 I N D E X (Continued) June 13, 2011 2 PAGE 1.19 Consider/discuss, take appropriate action to 3 authorize purchase of air conditioning/heating unit or expansion of existing HVAC unit to 4 provide climate control for a portion of the Ingram Annex that currently has none 118 5 1.20 Consider/discuss, take appropriate action to 6 authorize letter of support for Elm Pass VFD's grant application to LCRA 119 7 1.24 Consider/discuss, take appropriate action to 8 declare property owned by Kerr County in Ingram as surplus, authorize sale of such property by 9 sealed bid procedure 121 10 4.1 Pay Bills 123 4.3 Late Bills 123 11 4.2 Budget Amendments 125 4.4 Approve and Accept Monthly Reports 133 12 5.1 Reports from Commissioners/Liaison Committee 13 Assignments 134 5.2 Reports from Elected Officials/Department Heads 136 14 1.22 Consider/discuss, take appropriate action to 15 confer with County Attorney regarding potential litigation versus eGovernment Technologies, Inc. 16 and Jerry Anderson; authorize Kerr County to commence litigation, including approval of Kerr 17 County as exempt (Executive Session) --- 18 1.23 Consider/discuss, take appropriate action to confer with County Attorney regarding pending 19 litigation involving LCRA Transmission Services Corporation proposed CREZ transmission line 20 (Executive Session) --- 21 1.25 Consider/discuss, take appropriate action to sell real property owned by Kerr County in 22 Ingram Loop Subdivision through a sealed-bid procedure pursuant to requirements of Texas 23 Local Government Code (Executive session) --- 24 3.1 Action as may be required on matters discussed in Executive Session 142 25 --- Adjourned 146 5 1 On Monday, June 13, 2011, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Monday, June 13, 2011, at 9 a.m. It's that time now. 11 If you would please stand and join me in a moment of prayer, 12 and then we'll follow it with the pledge of allegiance to the 13 flag of our country. 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 rear of the room, or at least we 21 should, and we'd ask that you fill one of those out so that 22 I'm aware that you want to be heard on that item, and 23 hopefully don't miss you. That's the purpose of that. 24 However, if we get to a listed agenda item and you wish to be 25 heard, and you haven't filed a participation form, get my 6-13-11 6 1 attention in some manner; I'll give you the opportunity to be 2 heard. But right now, if there's any member of the public 3 that wishes to be heard on any matter not a listed agenda 4 item, this is your opportunity to come forward and tell us 5 what's on your mind. Seeing no one coming forward, we'll 6 move on. Commissioner Baldwin, do you have anything for us 7 this morning? 8 COMMISSIONER BALDWIN: I do, sir. I wanted to 9 bring up and remind you that this morning, Eric Maloney will 10 be here with a report from the First Responders, which is one 11 of my favorite organizations, and the work that they do and 12 how they represent the county and so forth. And I also 13 wanted to remind everyone that Clarabelle Snodgrass travels 14 to Austin this Wednesday to receive the most prestigious 15 award dealing with the Historical Commission, and that's the 16 Governor's award, and she goes there. And in her 30 years of 17 service, I think she's responsible for 30, or around 30 -- I 18 don't know if anybody knows for sure -- historical markers 19 that we have in our county, and just a giant in that field. 20 So, I'm not going to be able to make it, but y'all -- it's at 21 the capitol, and the Governor himself is doing it, so I think 22 it would be kind of neat to see. That's all. 23 JUDGE TINLEY: Commissioner Overby? 24 COMMISSIONER OVERBY: Two things for Commissioners. 25 I just wanted to let you know that on June 3rd, Dean Danos 6-13-11 7 1 from AACOG, who's our interim Executive Director, was up in 2 Kerr County, and in fact, we had lunch with -- Judge Tinley 3 and myself, with him. He's going to be coming to the 4 Commissioners Court to make a full report in July to the 5 Commissioners and the Court. We'll be talking again about a 6 lot of things that are going on, especially with our 7 transportation area that's going at its max operation here in 8 Kerr County right now. We'll be talking about senior care, 9 the child care support that we get, also an update on the 10 weatherization program. So, I wanted to give you a little 11 heads up that he'll be coming the end of July for that 12 report. 13 And then -- and the other report is, as 14 Commissioner Baldwin recognized Mrs. Snodgrass and everything 15 that she does in Kerr County, also I have a recognition I 16 would like to make. You know, again this week on the 14th, 17 we recognize Flag Day, and there's some special activities 18 that are going on at Flat Rock Park this -- on this Tuesday 19 with our -- our Veterans of Foreign Wars, Elks, and different 20 organizations are going to be out there. But I want to 21 recognize the Kerrville V.A. Hospital for this week. I -- I 22 go out once a month and volunteer out there with our 23 volunteers out there at our hospital, and especially a Sunday 24 morning, but I want to recognize Chaplain Karen Reed. She 25 does a fantastic job out there here at our Kerrville V.A., 6-13-11 8 1 and in fact, all of the different LVN's and RN's and our 2 doctors out there at the V.A., the wonderful care that they 3 do. I want to especially recognize her for her outstanding 4 work on Sundays out there being chaplain of the V.A. Not 5 only has she been operating at Kerrville V.A. hospital; she 6 has been also the director -- interim director for Audie 7 Murphy in San Antonio the last seven months. So, our 8 chaplain up here in Kerrville and Kerr County has been doing 9 an overload and has done an outstanding job, and I'm pleased 10 to announce that the Audie Murphy has a chaplain now. That 11 special recognition for Karen Reed and the fine folks at our 12 V.A. Hospital, the work they do. 13 JUDGE TINLEY: Is that it? 14 COMMISSIONER OVERBY: Yes, sir. 15 JUDGE TINLEY: Commissioner Letz? 16 COMMISSIONER LETZ: I don't think I have anything 17 this morning, other than to say that I was over at the Frio 18 over the last part of last week and over the weekend, and 19 there's not a lot of water over in Leakey as well. I think 20 the flow of the Frio is the lowest it's been since -- well, 21 it's lower than '53, so it's dry over there. We're dry up 22 here, but I think they're dryer. But I still had a good 23 time. 24 JUDGE TINLEY: Commissioner Oehler? 25 COMMISSIONER OEHLER: Two or three things, Judge. 6-13-11 9 1 One is that I think we all got an invitation, which we get 2 every year, to the Kerr County Soil and Water Conservation 3 District, the youth range camp at Kerr Wildlife Area. It's 4 going to be on the 23rd. And I know that most of y'all have 5 probably been there, but if you think you haven't gone far 6 enough, just keep going. It's a long way back in there to 7 where the old house was, where -- what was his name, Buster, 8 that used to live there? 9 COMMISSIONER BALDWIN: Don't start me lying. 10 COMMISSIONER OEHLER: He worked there for a long 11 time. But, anyway, that's coming up at 12 o'clock on the 12 23rd. This Friday will be the Divide Volunteer Fire 13 Department fundraiser at Divide Fire Department. Be a steak 14 dinner they're doing. They're going to have live and -- and 15 silent auction items, and I'm told they have -- I think 16 Buster's going to take the only bid on it. He just doesn't 17 know it yet. 18 COMMISSIONER BALDWIN: I'll do what I can. 19 COMMISSIONER OEHLER: I figured. 20 COMMISSIONER BALDWIN: I am going to be there to 21 eat a steak, 'cause that's a good party. That's a good one. 22 COMMISSIONER OEHLER: It is. And -- and I'll be 23 helping a little bit with that. And -- but those two things. 24 And, of course, you know, it's so dry out west that it -- 25 it's just unbearable nearly. I don't know how much longer -- 6-13-11 10 1 I guess we can endure whatever the good Lord puts our way, 2 but sure wish he'd bless with us some rain. 3 COMMISSIONER OVERBY: That's right. River flow is 4 way down. That's it. 5 JUDGE TINLEY: Yeah, we'll figure out a way to 6 contend no matter what happens. Reminder. This evening at 7 the Y.O. -- I believe it starts at 5:30 -- there's a 8 presentation by the federal Fish and Wildlife Service dealing 9 with the Edwards Plateau conservation plan. I know that's 10 not the correct title, but it's the plan to find areas in -- 11 I believe it's a 57-county area north and west of Bexar 12 County to mitigate habitat needs for development in Bexar 13 County, essentially what it amounts to. It's public -- a 14 public presentation on that. If any of you have an interest 15 in that, why, feel free to be there. Let's get on with our 16 agenda, if we might. We've got a 9 a.m. item; to consider, 17 discuss, and take appropriate action for approval of the 18 preliminary revision of plat for Lots 119 and 120 of Vistas 19 Escondidas de Cypress Springs Estates, as set forth in Volume 20 7, Pages 363 to 364, and set a public hearing, same being 21 located in Precinct 4. Mr. Odom? 22 MR. ODOM: I'm sorry, I was -- my mind was on 23 another agenda item. 24 COMMISSIONER BALDWIN: I call them comas. 25 JUDGE TINLEY: We don't want to know what that is, 6-13-11 11 1 do we? 2 COMMISSIONER BALDWIN: No, we don't. We don't want 3 to discuss that. (Laughter.) 4 MR. ODOM: This is in Precinct 4. The Reinbachs 5 would like to combine some lots, 119 and 120, into one lot. 6 The combination of both lots would be a total of 6.13 acres. 7 So, at this time, we ask the Court for their approval of the 8 preliminary revision of plat for Lots 119 and 120 of Vistas 9 Escondidas de Cypress Springs Estates, Precinct 4, and set a 10 public hearing for the same for Monday, July the 25th, 2011, 11 at 9 a.m. 12 COMMISSIONER OEHLER: I move approval of the agenda 13 item. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item, which includes setting a public 17 hearing for July 25, 2011, at 9 a.m. Question or discussion 18 on the motion? 19 COMMISSIONER BALDWIN: I've got a question for 20 Mr. Voelkel. Max Reinbach, is that a Kerrville person? It 21 is? 22 MR. DON VOELKEL: Not my Max; he's Lee's Max. 23 MR. LEE VOELKEL: That would be my Max. 24 COMMISSIONER BALDWIN: Is that your Max? 25 MR. LEE VOELKEL: You're right. 6-13-11 12 1 COMMISSIONER BALDWIN: You're maxed out. 2 MR. LEE VOELKEL: I'm maxed out. He's one of us. 3 COMMISSIONER OEHLER: Of course I know him. You 4 know him too. 5 COMMISSIONER BALDWIN: That's what I thought. 6 COMMISSIONER OEHLER: He's just a little younger 7 than you, and older than I am. 8 COMMISSIONER BALDWIN: Okay. 9 MR. LEE VOELKEL: He's a lot younger than Buster, 10 excuse me. 11 COMMISSIONER BALDWIN: You are maxed out. 12 COMMISSIONER OEHLER: He has come back after 30 13 years of being gone. 14 MR. ODOM: Sounds a little personal to me. 15 JUDGE TINLEY: Any further question or discussion? 16 COMMISSIONER BALDWIN: That's all I had, Judge. 17 JUDGE TINLEY: All in favor of the motion, signify 18 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 3, a 9:05 timed item; to consider, discuss, and take 24 appropriate action for approval of the preliminary revision 25 of plat for Lots 78 and 79A of Cypress Park, Session Two, as 6-13-11 13 1 set forth in Volume 3, Page 45, and also Volume 7, Page 336, 2 and set a public hearing on the same, being located in 3 Precinct 3. Mr. Odom? 4 MR. ODOM: Yes, sir. Mr. Rit Jons owns Lot 78 and 5 79A of Cypress Park, Section Two. Mr. Jons would like to 6 combine both lots, 78 and 79A, into one lot. Total acres for 7 the proposed lot, 78R, would be 18.21 acres. So, at this 8 time we ask for the approval of the preliminary revision of 9 the plat for Lots 78 and 79A, Cypress Park, Section Two, 10 Volume 3, Page 45, and also in Volume 7, Page 36, Precinct 3, 11 and to set a public hearing for Monday, July the 25th, 2011, 12 at 9:10 a.m. 13 COMMISSIONER LETZ: Move approval. 14 COMMISSIONER OEHLER: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item, which includes setting a public 17 hearing on the matter for July 25th, 2011, at 9:10 a.m. 18 Question or discussion? All in favor of the motion, signify 19 by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion does carry. Let's go to Item 24 4, a 9:10 timed item; to consider, discuss, and take 25 appropriate action for approval of the preliminary revision 6-13-11 14 1 of plat for Lots 45 and 46 of Bee Caves Ranch, as set forth 2 in Volume 4, Page 120, and set a public hearing thereon, same 3 being located in Precinct 4. 4 MR. ODOM: Yes, sir. Ms. Brown owns Lots 45 and 46 5 of Bee Caves Ranch. She would like to make Lot 45R 21.12 6 acres by combining Lot 45 and Lot 46, and Lot 46R would be 7 15.77 acres. The total acres of both lots remain the same at 8 36.89 acres. At this time, we ask for the approval of the 9 preliminary revision of plat for Lots 45 and 46 of Bee Caves 10 Ranch, Volume 4, Page 120, Precinct 4, and set a public 11 hearing for the same on Monday, July the 25th, 2011, at 9:20 12 a.m. 13 COMMISSIONER OEHLER: Move approval. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item, including setting a public 17 hearing on the matter for July 25th, 2011, at 9:20 a.m. 18 Question or discussion on the motion? 19 COMMISSIONER LETZ: They're just adjusting the lot 20 lines, it appears, what they're doing. 21 MR. ODOM: Let me go back and look. It was 22 removing a lot line and changing one lot to make one bigger, 23 I believe. Am I right on that? 24 MR. LEE VOELKEL: That's correct, yes, sir. 25 JUDGE TINLEY: Further question or discussion? All 6-13-11 15 1 in favor, 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: That motion does carry. Item 5, a 6 9:15 timed item, to consider, discuss, and take appropriate 7 action for the approval of preliminary revision of plat for 8 Lot 79 of Clear Springs Ranch Estates, as set forth in Volume 9 3, Page 116 and 117, and set a public hearing thereon, the 10 same being located in Precinct 2. 11 MR. ODOM: Yes, sir. Mr. Ruiz owns Lot 79 of Clear 12 Springs Ranch Estates. Mr. Ruiz would like to subdivide Lot 13 79 into two parts. Lot 79A would consist of 5.96 acres, and 14 lot 79B would consist of 5.36 acres. At this time, we ask 15 the Court for their approval of the preliminary revision of 16 plat for Lot 79 of Clear Springs Ranch Estates, Volume 3, 17 Page 116 and 117, Precinct 2, and also set a public hearing 18 for the same on Monday, July the 25th, 2011, at 9:30 a.m. 19 COMMISSIONER OVERBY: Motion made. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Question or discussion on the motion? 23 COMMISSIONER BALDWIN: Point I want to make is, I'm 24 not totally convinced that's Precinct 2. I don't know that 25 it makes any difference. I think it's just verbiage as far 6-13-11 16 1 as this is concerned, but I'm pretty sure that's Precinct 1. 2 And, no, I'm not going to the beer joints over there. 3 JUDGE TINLEY: Any other comments or questions? 4 All in favor of the motion, which includes setting a public 5 hearing on the matter for July 25th, 2011, at 9:30 a.m., 6 signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. Let's go 11 back to Item 1; to consider, discuss, and take appropriate 12 action to authorize a lease agreement or long-term use 13 agreement to be drafted between Kerr County and the District 14 Junior Livestock Association, authorize liaisons 15 Commissioners Letz and Oehler to negotiate specifics of the 16 agreement with the association. Commissioner Oehler? 17 COMMISSIONER OEHLER: Last week, Overby and I met 18 with the Stock Show Association, and things that sometimes we 19 don't think about, they do. And I never considered the fact 20 that it might not, in the future -- stock show will be 21 allowed to be at the Ag Barn on certain dates. And, you 22 know, we never know who's going to come after we're gone, and 23 so they'd ask that we work with them to formulate some kind 24 of a long-term use or lease agreement for the month of 25 January, and it also probably would include at least one 6-13-11 17 1 weekend for their fundraiser in September. And, you know, 2 they're just -- they're concerned, and they want to be -- and 3 they are, I think, on board with us to try -- and willing to 4 help with trying to raise some funds to do the projects at 5 the Ag Barn. But this is kind of an assurance to them that, 6 hey, we're not going to get booted out of here at some point, 7 and somebody come along and say, "Well, you can't have stock 8 show any more." I don't think any of us want to see that 9 happen. That's a big, big thing, especially the time of 10 year. It happens in January, when there's not much else 11 happening anyway. It's a pretty big economic boost to the 12 city of Kerrville and the community. So, we're just asking 13 that we work with them, be allowed to work with them, and 14 through the County Attorney, to come up with an agreement 15 that would be acceptable to both parties, and move forward, 16 and we'll bring it back to the Court for approval once it's 17 -- once, you know, we come to some kind of terms and see if 18 it's acceptable to the Court. 19 COMMISSIONER LETZ: The only thing I'd add is, you 20 might want to -- or I would like to include the County 21 Attorney in some of those discussions, just to help draft 22 something, so we don't do -- 23 COMMISSIONER OEHLER: No, that's what I said. 24 Yeah, we're going to have the County Attorney there. I'm not 25 writing it. 6-13-11 18 1 COMMISSIONER LETZ: I think it's a good idea. I 2 think it's good for the county, good for the stock show. 3 COMMISSIONER OEHLER: Yeah. Well, and it gives 4 some assurance to them, and also, you know, we know -- 5 COMMISSIONER LETZ: Gives assurance to us too. 6 COMMISSIONER OEHLER: You bet it does. 7 COMMISSIONER OVERBY: I was going to say just what 8 Commissioner Oehler said. I had an opportunity to go out and 9 visit with them last week, and, you know, the stock show has 10 had -- I remember that we were talking about the 13th annual 11 stock show was held in the facility currently out there right 12 now in the original facility, and we found out that the stock 13 show before then was held in Antler Stadium. And, 14 Commissioner Baldwin, you probably -- 15 COMMISSIONER BALDWIN: No. 16 COMMISSIONER OVERBY: -- remember those days out 17 there. But '41 to '57 was the -- out there where the stock 18 show was held, and, you know, we got a long history out there 19 of the stock show, and those guys -- the men and women 20 volunteers do a great job, and I think it's great. And I 21 make a motion to authorize our liaisons from Kerr County, 22 Commissioner Letz and Commissioner Oehler, along with our 23 County Attorney, Rob Henneke, to draft this specific 24 agreement and to discuss the appropriate language with our 25 District Junior Livestock Association. 6-13-11 19 1 COMMISSIONER BALDWIN: I second that motion. 2 JUDGE TINLEY: Motion made and seconded. Question? 3 Discussion? 4 COMMISSIONER BALDWIN: I have a discussion. I 5 never have had an issue with what you're talking about. I 6 see nothing wrong with doing what you're talking about, but 7 I -- it's never been a question in my mind who's going to do 8 what, when, because I've always stood on the fact that the 9 original document, when Kerr County got the property, it was 10 given for agricultural use -- youth use, and that's enough 11 for me right there. 12 COMMISSIONER OEHLER: Yeah. 13 COMMISSIONER BALDWIN: So, that's -- I've always 14 stood on that. And I believe that that right there is a 15 contract in my mind, so -- but cool. Go get them. 16 COMMISSIONER OEHLER: Just reinforce that a little 17 bit so future generations of commissioners and judges might 18 reaffirm the fact that they do have the right to have it for 19 use at certain times of the year. 20 JUDGE TINLEY: Don't want to end up like we hear 21 about this agreement on the library, -- 22 COMMISSIONER OEHLER: Yeah. 23 JUDGE TINLEY: -- when they had that meeting back 24 in the '60's and all this agreement was made, but there's not 25 a scrap of paper that memorializes it. 6-13-11 20 1 COMMISSIONER OEHLER: Mm-hmm. 2 JUDGE TINLEY: You want to avoid that, do you? 3 COMMISSIONER OEHLER: Kind of like to avoid that, 4 give some assurances for the future for both parties. 5 COMMISSIONER BALDWIN: What are you talking about? 6 JUDGE TINLEY: Just what I've been told, 7 Commissioner. Just what I've been told. Any further 8 question or discussion? All in favor of the motion, signify 9 by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion does carry. Let's go to 14 our 9:20 timed item, Item 6; to consider, discuss, take 15 appropriate action for the Court's approval to change the 16 certification for Floodplain Index Block for plats in 17 Precincts, 1, 2, 3, and 4. Mr. Odom? 18 MR. ODOM: Yes, sir. John's not here, so I'll -- 19 I'll take this up. It was brought to our attention by 20 Voelkel Engineering, or land surveying -- Aaron, which is one 21 of the Voelkel boys, indirectly through his sister. Young 22 people -- we've never had a problem, because we knew what we 23 needed to do. And it was brought to our attention that the 24 wording was wrong, some typos and all on the floodplain. So, 25 John -- in your packet is the correction that he wanted, 6-13-11 21 1 which gives a firm number and all. People that are computer 2 literate -- and I'm not all that computer literate -- cut and 3 paste, and that's what was brought to our attention. Aaron 4 had cut and pasted something that was incorrect, and then we 5 needed to correct it. We've enclosed the current wording 6 found in Kerr County Subdivision Rules, and the index section 7 also included what John had requested. So, at this time, we 8 ask the Court to change the wording for the certification for 9 floodplain to the proposed wording, and have this wording 10 change made to the rules that are on the County's web page 11 for subdivision rules and regulations. 12 COMMISSIONER BALDWIN: Leonard, are you talking 13 about this right here? 14 MR. ODOM: Well, it is this one. 15 COMMISSIONER BALDWIN: Probably. 16 MR. ODOM: Should be the second -- well, I'm not 17 quite sure how -- 18 COMMISSIONER LETZ: It's the one with John Hewitt's 19 handwritten -- 20 COMMISSIONER BALDWIN: According to floodplain, 21 something-something. 22 MR. ODOM: It says insurance rate map number, dated 23 so-and-so, blank. 24 COMMISSIONER BALDWIN: And then it changed the word 25 "retention" to "prevention"? 6-13-11 22 1 MR. ODOM: That's right. Preventive. 2 COMMISSIONER BALDWIN: Preventive. Preventive 3 order. Prevention order? 4 MR. ODOM: Retention order means that you're going 5 to hold water on the land, and not detent or anything. It's 6 a preventive order. 7 COMMISSIONER LETZ: Basically, we're just cleaning 8 up some language in the certification that was probably cut 9 and pasted when we did our last subdivision -- 10 COMMISSIONER BALDWIN: Didn't work. 11 COMMISSIONER LETZ: -- revision. 12 MR. ODOM: When you know what you need -- and we've 13 worked through the last years that we've had. Lee and them 14 haven't had a problem, but when you bring Aaron in, and 15 people are computer -- you know, they're -- they cut it and 16 they paste it. And it wasn't that they was wrong. Our 17 wording was wrong. Instead of knowing what you need to do, 18 it was an error, and we had not caught that. 19 COMMISSIONER LETZ: I'm glad they caught it. 20 MR. ODOM: I'm glad they caught it. 21 COMMISSIONER BALDWIN: Of course, he's smarter than 22 both of those guys. 23 MR. ODOM: It's Kelly's fault. 24 COMMISSIONER BALDWIN: Yeah. 25 COMMISSIONER OEHLER: Is this the first you heard 6-13-11 23 1 of it, Kelly? 2 MS. HOFFER: It is. 3 COMMISSIONER LETZ: I -- I move approval of the 4 agenda item, that we modify the certification for floodplain 5 index in our subdivision rules and regulations according to 6 John Hewitt's recommendation. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded as 9 indicated. Further question or discussion on that motion? 10 COMMISSIONER LETZ: And just real quick -- I think 11 I know this answer, but to the County Attorney, is this a 12 type of change that does not require any public hearings or 13 anything like that? It's just a -- 14 MR. HENNEKE: Yeah. 15 COMMISSIONER LETZ: -- clerical error that we're -- 16 MR. HENNEKE: That's correct. We're not modifying 17 anything. 18 JUDGE TINLEY: What you would call a scrivener's 19 error. 20 MR. HENNEKE: Yes, sir. 21 JUDGE TINLEY: Further question or discussion? All 22 in favor, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 6-13-11 24 1 JUDGE TINLEY: The motion does carry. 2 MR. ODOM: Thank y'all. 3 JUDGE TINLEY: Let's go to Item 7; to consider, 4 discuss, and take appropriate action to approve the 5 maintenance agreement with CAD Supplies for the plat machine, 6 authorize Judge to sign the same. Ms. Pieper's not here 7 today. She asked me to present the matter. It's a contract 8 which we have approved in the past. It's just another year 9 on it. Same cost, no increase. I think the County 10 Attorney's looked at it in past years, and there have been 11 some modifications which he's made to it which have been 12 accepted by the -- by the other party of the contract. 13 COMMISSIONER BALDWIN: So moved. 14 COMMISSIONER OVERBY: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. Question or discussion? 17 COMMISSIONER LETZ: These are budgeted funds? 18 JUDGE TINLEY: I've got to assume they're budgeted 19 in the -- 20 COMMISSIONER LETZ: Elections? 21 JUDGE TINLEY: Well, it'd be in I.T., or maybe 22 Records Preservation; I'm not sure. One or the other. 23 MS. HARGIS: I think it's in her budget. 24 COMMISSIONER LETZ: In her budget? 25 JUDGE TINLEY: Okay. Further question or 6-13-11 25 1 discussion? All in favor of the motion, signify by raising 2 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 go to 7 Item 8; consider, discuss, take appropriate action to approve 8 interlocal agreement for mental health services with Camp 9 County. Ms. Pieper again. This is one of those interlocal 10 agreements dealing with Kerr County resources and personnel 11 conducting hearings for other counties who have patients in 12 our mental health facilities here locally that we conduct 13 those hearings for. We've got these agreements in place for 14 I don't know how many counties; it's a whole bunch. And 15 they're automatically renewable, so the ones that were 16 approved were approved years ago. Why we don't have Camp 17 County, I don't know. But this is the same agreement that we 18 have with all the other counties that obligates them to 19 reimburse us for costs incurred for residents of that county 20 for mental health hearings that we hold. 21 COMMISSIONER LETZ: Move approval. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval. Question or discussion? 25 COMMISSIONER LETZ: Judge, where's Camp County? 6-13-11 26 1 COMMISSIONER BALDWIN: It's confidential. 2 COMMISSIONER LETZ: I don't know where -- 3 COMMISSIONER BALDWIN: East. 4 COMMISSIONER LETZ: East Texas? 5 MS. MABRY: Close to Tyler. 6 COMMISSIONER BALDWIN: Can't get there from here. 7 COMMISSIONER LETZ: Thank you. 8 JUDGE TINLEY: Any other question or comments? All 9 in favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion does carry. That brings 14 us to 9:30, does it not, Commissioner Baldwin? 15 COMMISSIONER BALDWIN: Yes, it does. 16 JUDGE TINLEY: And we'll go to Item 9, a timed 17 item, First Responder report from Mr. Eric Maloney. 18 Commissioner Baldwin, do you want to introduce this one? 19 COMMISSIONER BALDWIN: The great Eric Maloney. 20 MR. MALONEY: Thank you, Commissioners. 21 COMMISSIONER BALDWIN: Hey, Eric, thank you for 22 keeping your head under the radar in the recent wars with the 23 City. 24 MR. MALONEY: Yes, sir. 25 COMMISSIONER BALDWIN: And you did a good job of 6-13-11 27 1 that. 2 MR. MALONEY: Yes, sir. 3 COMMISSIONER BALDWIN: And you remained friends 4 with us, much like our brethren over at the City Hall, only 5 you're a better friend. And I just wanted to thank you for 6 that. That's very professional, the way you've conducted 7 yourself, and I appreciate it. 8 MR. MALONEY: Yes, sir. Thank you. What I wanted 9 to do today is give y'all a brief overview of the First 10 Responder program. I believe it's been a while since I've 11 been to the court. And kind of give you an idea of where 12 we're at with the program, and where we need to be kind of in 13 the future of other plans in regards to that, and then I'll 14 be glad to answer any questions. Currently, Kerr County 15 First Responder program is comprised of 38 members; 18 16 members are non-fire department, and 20 members are actually 17 Kerrville Fire Department -- or employed with the Kerrville 18 Fire Department that live in the county. Seventeen of those 19 overall are paramedics, and currently in the program we have 20 29 AED's, so we are definitely moving forward in regards to 21 the AED's. 22 Everyone is a volunteer. They all volunteer their 23 time to respond to emergency calls within the county. The 24 county is set up into five separate zones. Those zones are 25 determined by a response area that we can actually map into 6-13-11 28 1 the county, one being the Center Point area, one being 2 Kerrville South, one being north of I-10, the next being 3 Ingram area, the other one being the far west -- west Kerr 4 County area, so kind of in the -- in your area out there. 5 So, we -- we attempt to try to do the best we can to manage 6 and to have responders available to respond, but once again, 7 it is a voluntary service. So, as they work during the day, 8 it does become more and more difficult, definitely, 9 considering that the fuel prices are where they're at today. 10 We have regular meetings. We meet bimonthly for 11 dinner and discussions. It's the first Monday of the even 12 month, 6:30 at Acapulco, and we just kind of go over some 13 changes with the Kerrville Fire Department and talk a little 14 bit about the program, things we're doing. Kind of a -- it's 15 a little bit of a meet and greet, make sure that all the 16 different zone responders have an opportunity to get together 17 and kind of know each other, and it's worked out quite well 18 over the years. They complete their continuing education 19 using an online program. They use eGenesis online, and they 20 are allowed to complete as much continuing education as they 21 would like within their requirements for the four years by 22 the Department of State Health Services for the 23 recertification for that. 24 Improvements that we've done over the last year, 25 last -- this fiscal year and the prior fiscal year, is we 6-13-11 29 1 added four AED's to the program. We also added 14 portable 2 radios to the program. This was a big change from our 3 previous portable radios in the fact that we were -- we had a 4 narrow band capable, yet it was not digital capable portable 5 radio, and I addressed the Court, I believe, last year in 6 regards to the budget process, and we moved forward with that 7 purchase. And so now they carry a much improved portable 8 radio. It's a Motorola 1500 device, and it's definitely 9 improved communications in both the Zone 4/Ingram area and 10 Zone 5 area, so currently we do have all the responders that 11 have the portable radios out there. 12 Future plans. Still want to work on improving the 13 communications. We are planning on installing some mobile 14 radios which are actually mounted in a vehicle for some of 15 our far west Kerr County responders that are not involved 16 with the fire department and do not have that ability. The 17 portable radios are nice, and it is an improvement; however, 18 they are still limited with range. So, them actually having 19 that ability in their vehicle will allow them to contact our 20 dispatch and our responding units when they're actually out 21 there. That will not be something we're going to do for all 22 responders in the -- in that. It's more a far west Kerr 23 County issue than actually here in the Center Point area, the 24 Kerrville South area, kind of in here. So, our 25 communications with these portable radios still work 6-13-11 30 1 appropriately. 2 Other future plans is we want to improve our scene 3 identification. That is something I had last year said we're 4 going to work on, some sort of hats or jackets so that we can 5 be identified very easily. They do have an extrication 6 jacket. We're working on the name badges through the budget 7 year. So, something that -- when they respond, because as 8 they respond in the middle of the night, they can be dressed 9 in any attire; obviously not as a fire department attire, so 10 we want to make sure that our patients out there can 11 recognize the First Responders as well as the Sheriff's 12 office or anyone else that is actually on scene. Other 13 improvements that we wanted to work on is a 501(c)(3), is do 14 some more investigation into that process. We've talked 15 about that about the last two fiscal years, and I think we're 16 definitely at a place this year I think we should move 17 forward and attempt to do a little more discovery in regards 18 to that. What that will do is allow us to open up for some 19 more grants, some more monies to be able to come in to assist 20 with the purchase of the portable radios, the AED's, other 21 equipment such as that. Currently, we don't qualify for some 22 of the grants out there because we do not have that 23 designation. 24 In fiscal year '12, although I don't have the 25 budget in front of me, what I'm planning to ask -- I do 6-13-11 31 1 intend to ask for more AED's, up to six more AED's if we can 2 fund that. That will allow us to get closer, to give us 35 3 AED's out of 38, so that's going to put us pretty close to 4 every responder should have an AED out there. We're going to 5 ask for six more portable radios and two more mobile radios. 6 The plans for that is by January 15, we should be digital -- 7 have the ability to have all the radios be digital 8 compatible. And if we buy six every fiscal year, that should 9 get us there at January 15th, at that point. No plans at 10 this point to move forward with expanding the number of First 11 Responders at this point. For next year, I want to improve 12 our responses through our responders, give them more 13 opportunity -- and that's where I think we move forward a 14 little bit; make sure they're starting to respond, that we're 15 utilizing 100 percent of our responders out there currently. 16 And that's all I had for the Court. 17 COMMISSIONER BALDWIN: Eric, there was a gentleman 18 in here about a month ago that told us a horror story of a 19 buddy of his fainting or something in one of the local 20 hotels, and the First Responders show up prior to the 21 ambulance. And we informed him that, you know, it could have 22 been a -- just a volunteer out there, and he really didn't 23 want to hear that. He felt like that it was Kerrville Fire 24 Department; it wasn't First Responders. And what I'm 25 wondering, I see -- I hear your numbers there; 20 of the 38 6-13-11 32 1 are Kerrville Fire Department. But there are others that are 2 just good old red-blooded volunteers that spend their money 3 and their time doing these things, saving people's lives, 4 that we fund and promote and support. Are they -- you're 5 talking about -- you're talking about when -- when a First 6 Responder shows up, that -- some kind of clothing or 7 something that designates them as a First Responder. I don't 8 know if I like that title or not. But do they all look the 9 same? If -- if it's a guy that rides your ambulances all 10 day, or if it's a nurse at Peterson Hospital that's off-duty, 11 do they -- do they look the same, or -- why would this fellow 12 -- I mean, he was kind of hell-bent on -- you know, there's 13 no such thing as a volunteer out there; it's all Kerrville 14 Fire Department kind of thing. And we tried to -- the Judge 15 tried to correct him, and it didn't go over real well. 16 But -- 17 MR. MALONEY: Yes, sir. When I mentioned the total 18 of 38 members, those are all volunteers that -- that respond 19 under the Kerr County First Responder program, as designated 20 by the Department of State Health Services. I list out the 21 -- the 20 individuals that work for the Kerrvil1le Fire 22 Department, but as -- me as a First Responder, I'm -- I'm 23 actually in Zone 4 up off Sheppard Rees. I do not respond in 24 my Kerrville Fire Department attire. So, if I'm in the yard, 25 I'll be in jeans for the day, and I'll have my First 6-13-11 33 1 Responder -- so, although I do work for the Kerrville Fire 2 Department, I'm responding under the Kerr County First 3 Responder program. So do all 38 volunteers. I just list 4 them out a little separately, just for clarification 5 purposes. 6 COMMISSIONER BALDWIN: So, if you show up at a 7 fainting at a hotel -- I don't know; the guy may have been in 8 the bar, I don't know. But fainting, and you show up; you've 9 been mowing your yard and show you up in your Wranglers. 10 He's not going to know if you're a volunteer or if you're a 11 Kerrville Fire Department. 12 MR. MALONEY: Yes, sir. Because -- well, I guess 13 the difference is that when I show up, I have a Kerr County 14 First Responder T-shirt that I do have in my vehicle, so I 15 can throw that on over whatever I'm wearing, so I don't show 16 up in too much of my attire, what I'm wearing for the day. 17 But it does not have any designation as a Kerrville Fire 18 Department on there whatsoever. 19 COMMISSIONER BALDWIN: I see. 20 MR. MALONEY: So, that is the one shirt that we 21 have. If it's an extrication, we do have extrication jackets 22 which also identify the First Responder, and then that's what 23 we're working on this fiscal year, is to get the ID tags, so 24 then -- I don't have one of them with me, but I have an ID 25 tag that says Kerr County First Responder, to also try to 6-13-11 34 1 help distinguish the individuals, so when I show up to your 2 house, I'm knocking at your door at 3 a.m., that you 3 recognize who I am as just not an individual. 4 COMMISSIONER BALDWIN: I think that's a cool thing. 5 Now, I believe last time you were in, you were talking about 6 purchasing jackets that were -- when one of us stick our arm 7 through a window, it's kind of glass-proof, or -- 8 MR. MALONEY: Yes, sir. It's called cut-proof. 9 COMMISSIONER BALDWIN: Have we done that? 10 MR. MALONEY: Yes, sir. 11 COMMISSIONER BALDWIN: And so this new jacket that 12 you're talking about with identification on it is different 13 from that? 14 MR. MALONEY: Yes, sir. Those are more appropriate 15 to use in kind of extrications on motor vehicle crash 16 purposes. What I'm looking at is trying to figure out 17 something that they can kind of wear, maybe a throw-over, 18 something light that they can carry kind of year-round for 19 just medical calls or any other sort of scene calls. 20 COMMISSIONER BALDWIN: I think that's very wise. 21 MR. MALONEY: T-shirts are some of them. But, you 22 know, once again, that's part of the -- 23 JUDGE TINLEY: Something that they can throw on 24 over whatever they have on. 25 MR. MALONEY: Yes, sir, to just do the best we can 6-13-11 35 1 to kind of help identify them. And, once again, it is an 2 all-volunteer program. There are no stipends for fuel, for 3 clothing, for everything else. So, anything you can get 4 where I don't ruin my own clothing is a benefit to me, 5 especially if I have something to kind of protect me or to 6 throw over for that. 7 COMMISSIONER LETZ: Eric, the -- 8 MR. MALONEY: Sir? 9 COMMISSIONER LETZ: Well, two questions. One, on 10 the training, is there -- is the training the same between 11 all volunteers? In other words, is the -- following up a 12 little bit on Commissioner Baldwin's question, does a First 13 Responder that's a member of the Kerrville Fire Department, 14 which is obviously highly trained in emergency rescue-type 15 events, have the same training as another volunteer that may 16 not be with the Kerrville Fire Department or may be with some 17 other fire department, or maybe a nurse or something like 18 that? 19 MR. MALONEY: No, sir, the training is different. 20 We do not fund -- or Kerr County does not fund the members 21 that are also part of the fire department, because as part of 22 the fire department, they're required to do certain skills, 23 certifications, and different online programs. So, we don't 24 fund two online programs for them; we just give the one. 25 Kerrville Fire Department does that. It's kind of a 6-13-11 36 1 catch-all. There are some other individuals that -- one's a 2 trauma nurse out of University Hospital. She -- she gets all 3 her continuing education; she has that ability. So, there 4 are some differences between them. 5 COMMISSIONER LETZ: But there is a minimum level 6 that you have to -- I mean, there's -- I guess there's an 7 assurance to the public that all First Responders have a 8 certain level of training? 9 MR. MALONEY: Yes, sir. Yes, sir. All are 10 required, under Department of State Health Services, as an 11 EMT basic, which is the entry level. There's a 72 hours 12 every four years requirement for that. So, we're looking to 13 make some changes, I think, in the future. We've kind of 14 talked as a group about that, to make some changes to that, 15 and we'll kind of see where that goes. I do offer to any 16 First Responders that I am currently teaching an EMT basic 17 course through a private -- not through the City of 18 Kerrville. They're more than welcome to attend that those 19 classes, those lecture nights for that. 20 COMMISSIONER LETZ: And the other question I have, 21 how -- what coordination do y'all have with the surrounding 22 counties? Such as, part of my precinct is really closer to 23 Bandera; part of it's closer to Comfort, and I know both 24 those communities have First Responder programs. Is there 25 any coordination between those? 6-13-11 37 1 MR. MALONEY: Between First Responder programs? 2 No, sir. 3 COMMISSIONER LETZ: So, it's -- okay, say a call 4 comes in in Kerr County off Bear Creek Road, which is Kerr 5 County, but it's -- you probably know where it is. 6 MR. MALONEY: Yes, sir. 7 COMMISSIONER LETZ: Near Bandera, Pipe Creek area. 8 Who goes to that? 9 MR. MALONEY: That would -- that would more than 10 likely be toned out with Bandera. And I'm not sure if that 11 would be Castle Lakes -- 12 COMMISSIONER LETZ: Castle Lake area? 13 MR. MALONEY: They're equipped appropriately. So, 14 if they toned out Zone 2 First Responders, which would be 15 that area in there, I don't believe any responders would be 16 in the area to respond to that, 'cause most are in kind of 17 the Center Point, -- 18 COMMISSIONER LETZ: Right. 19 MR. MALONEY: -- Elm Pass area, but not that far 20 out. 21 COMMISSIONER LETZ: But say -- what happens, like, 22 in Falling Waters? Which is very much a gray area between 23 Comfort -- or Kendall County and Kerr County. 24 MR. MALONEY: Falling Waters is a little different, 25 in that the Comfort Fire Department agreed to be the First 6-13-11 38 1 Responder agency for that, so they actually would respond to 2 that instead of a Zone 2 for that. So, they actually agree 3 they are not under the First Responder program here, or under 4 our -- 5 COMMISSIONER LETZ: Okay. 6 MR. MALONEY: -- medical director, Dr. Nail. So -- 7 COMMISSIONER LETZ: If a -- if a call comes in on 8 Interstate 10 around Cypress Creek Road, who -- I mean, is 9 Comfort notified as well as Kerr County on toning out? 10 MR. MALONEY: Yes. What -- as a First Responder, 11 we would be notified for that area. Anything up on I-10, we 12 do have some responders on the north in that zone, so they 13 would potentially respond. Comfort would respond on a -- not 14 necessarily a First Responder basis, but more as using 15 apparatus, some sort of extrication potentially for that, but 16 not as a First Responder. First Responder, that would still 17 run under potentially Zone 2 and/or to the north of Zone 3, 18 so it would just depend on where it fell in that. So -- 19 COMMISSIONER OVERBY: Eric -- do you have any 20 further questions? First of all, again, appreciate all of 21 our volunteers and your report today. I'm glad you've come 22 and shared that information with us. Of the five zones that 23 you have mentioned, of the 38 volunteers that we have, are 24 they -- are they fairly proportional in their -- how they're 25 divided out? Are there certain zones that are a lot lesser 6-13-11 39 1 in numbers because of population or whatever? How does that 2 all work? And, you know, people are gone, or how does that 3 communicate? 4 MR. MALONEY: Well, it's an all-volunteer program, 5 so nobody has a duty to act. If -- if they have a radio, it 6 doesn't mean that they have to respond to any calls, so -- if 7 they do have availability. We've attempted over the past to 8 try to distribute, if we're adding personnel, and try to keep 9 it in -- in the zones that need assistance. 10 COMMISSIONER OVERBY: Okay. 11 MR. MALONEY: Currently, the two zones that need 12 assistance are Zone 1, which is the Kerrville South area, and 13 Zone 3 north of I-10, that one for obvious reasons up there. 14 So, we don't have -- we're still kind of potentially going to 15 add to Zone 3. But as we get them in and they apply with us, 16 or when they apply with us, if we have too many in one area, 17 we may hold back, just due to the cost. The setup cost for 18 that is close to $3,000 with gear and all the equipment that 19 the -- that is funded through the Kerr County Court. So, we 20 have to be careful -- 21 COMMISSIONER OVERBY: Sure. 22 MR. MALONEY: -- of where we put people. And we 23 also, at the same note, have to make sure that if we add 24 somebody to the program, we're just not adding equipment out 25 there; we're actually adding somebody responding out there, 6-13-11 40 1 willing to respond to those calls. We understand they're not 2 going to do every call when they're out there, but we do need 3 a percentage. What that is, I don't know, and we'll kind of 4 work on that as a group. That's what we were talking about 5 at the last meeting. 6 COMMISSIONER OVERBY: Thank you. 7 MR. MALONEY: Yes, sir. 8 JUDGE TINLEY: Mr. Maloney, you mentioned your 9 communications, that you're continually trying to upgrade 10 those. How many of your First Responders do not presently 11 have radios? 12 MR. MALONEY: Zero. One hundred percent of our 13 First Responders have radios. 14 JUDGE TINLEY: Okay. 15 MR. MALONEY: Some of the radios that they have out 16 there was funded in the past, from the past fiscal years. 17 They are narrow band capable, but they are a very kind of 18 low-end radio. We -- we chose that radio because it works 19 acceptable. It's narrow band capable, and it was only about 20 $165, $175 an individual, so we were able to purchase a great 21 number of those and made sure all First Responders have 22 communications. The challenge became that in the future, 23 they're moving -- on January 15th, they're moving to digital, 24 so you have to be digital compatible. Secondary to -- the 25 Texas mutual aid channels are moving digital, so we have to 6-13-11 41 1 move that direction. That direction costs. 2 JUDGE TINLEY: That's going to be required to 3 comply with that digital requirement also? 4 MR. MALONEY: Yes, sir. 5 JUDGE TINLEY: Okay. Okay. 6 MR. MALONEY: That's a $940 radio. 7 JUDGE TINLEY: Yeah. 8 MR. MALONEY: As opposed -- 9 JUDGE TINLEY: In the past, we've tried to rotate 10 some of our older radios off as they've been replaced in our 11 law enforcement agencies, to put them out to the volunteer 12 fire departments, First Responders, those kind of folks. But 13 if they're going to be required to be all digital, why, -- 14 MR. MALONEY: That's the challenge. 15 JUDGE TINLEY: -- that's another economic 16 challenge. 17 MR. MALONEY: Yes, sir. 18 JUDGE TINLEY: Okay. 19 MR. MALONEY: Yes, sir. 20 JUDGE TINLEY: Thank you. 21 MR. MALONEY: Because of the gap between them, 22 that's a $700 difference -- or $800 difference, I'm sorry, so 23 that's a big difference. 24 JUDGE TINLEY: Can't just change a clip in the old 25 radio? 6-13-11 42 1 MR. MALONEY: I wish. 2 COMMISSIONER OEHLER: Not going to be -- is that 3 going to be radios that you could ask for grants to help fund 4 part of it? 5 MR. MALONEY: And I believe we can do that, but I 6 believe we have to move -- we have to change from a very 7 loose organization -- I mean, I use that term loosely too, 8 but as to a 501 (c)(3) or one of those where we're allowed to 9 apply, because there's a lot of requirements on the grants 10 there. 11 COMMISSIONER OEHLER: Through -- 12 MR. MALONEY: So, right now we don't have that 13 designation, so we can't apply for some of those grants. So, 14 yes, I believe if we move that direction, that would help 15 take some of the -- some of the burden out there and allow us 16 to fund that. It's there. It's definitely out there. 17 COMMISSIONER OEHLER: Have you made the application 18 yet for the designation? 19 MR. MALONEY: No, sir. So -- no, sir, other than 20 myself and Ms. Hargis have talked about it in the past, 21 probably the past year from a year ago. But I think now 22 we're just needing to move forward in this next budget year. 23 COMMISSIONER OEHLER: Good idea to do so. 24 MR. MALONEY: Yes, sir. 25 COMMISSIONER OEHLER: Be one less thing the public 6-13-11 43 1 has to fund. Maybe we can -- you know, we can do whatever 2 you don't get in grants, but if you get the grants, it'd sure 3 be nice. 4 MR. MALONEY: Yes, sir. Yes, sir, it would. I 5 believe that currently, the future fiscal years, we have to 6 budget 24 portable radios, $1,000 a piece. 7 COMMISSIONER OEHLER: $24,000. 8 MR. MALONEY: Yes, sir. I believe that's -- I 9 believe that's out there. I believe it's out there locally. 10 COMMISSIONER OEHLER: Sure. I believe it is, too. 11 MR. MALONEY: Yes, sir. 12 JUDGE TINLEY: Any other questions for Mr. Maloney? 13 COMMISSIONER OVERBY: Thank you. 14 COMMISSIONER BALDWIN: I just wanted to say, Eric, 15 thank you for coming by. 16 MR. MALONEY: Yes, sir. 17 COMMISSIONER BALDWIN: And I want you to know that 18 I think that everybody at this table thinks that Kerrville 19 Fire Department is the greatest. Y'all are a great bunch of 20 guys, and your service is untouchable. 21 MR. MALONEY: Well, thank you. 22 COMMISSIONER BALDWIN: We've always had that 23 thought, that we've always said that, and we believe that. 24 MR. MALONEY: Well, thank you. And our First 25 Responders, the ones that y'all fund, are critical to the EMS 6-13-11 44 1 response and the pre-hospital service out there, and what 2 y'all do, we appreciate that every year, and you try to get 3 us where we need to be. But they do a great job. Like I 4 said, it is a volunteer, and it gets tough when it comes to 5 responding, when you have a 30-minute response or you're 6 going out there on the interstate, with fuel. You have to 7 think about that. I mean, there's a lot of cost associated 8 with that, and I know each individual thinks about that. So, 9 once again, thank y'all. 10 COMMISSIONER BALDWIN: Thank you. 11 JUDGE TINLEY: Have you submitted your budget 12 request for this coming next fiscal year? 13 MR. MALONEY: No, sir, I have not. 14 JUDGE TINLEY: Okay. When do you plan on trying to 15 get that to us? 16 MR. MALONEY: When would you like it? 17 JUDGE TINLEY: Pretty quick. 18 MR. MALONEY: I mean, we're pretty much ready, so 19 we can do that. I just need to get some quotes and we'll be 20 good to go. 21 JUDGE TINLEY: Okay. As soon as you can get it to 22 us, it'll be appreciated. 23 MR. MALONEY: Yes, sir. I -- 24 JUDGE TINLEY: Thank you, Eric. We appreciate your 25 work. 6-13-11 45 1 MR. MALONEY: Thank you. 2 JUDGE TINLEY: Okay. Let's go to Item 10; 3 consider, discuss, take appropriate action on offer from the 4 Texas National Guard Armory Board of the State of Texas 5 giving Kerr County the preferential right to purchase the 6 Texas National Guard Armory property on Meadowview Lane here 7 in Kerrville for $300,000. Let me give you a little 8 background on this, gentlemen. They've deactivated the usage 9 of this armory building. They did so over a year ago, and we 10 received notification from the Armory Board that they -- they 11 were going to go through the process to dispose of the 12 property, and they indicated that Kerr County had a 13 preferential right to acquire that property. In doing my 14 research, it was clearly indicated, and we furnished this to 15 the Armory Board, that the property was donated by Kerr 16 County many, many years ago. Kerr County actually purchased 17 the property from the landowners and donated it to the State 18 of Texas for the purpose of -- of placing the armory there on 19 that property. They -- the Armory Board was under the 20 impression that the State had actually purchased the 21 property. I think I established without any doubt that it 22 was a donated piece of property, and suggested to them that 23 they should -- if their use of the property was no longer 24 needed, they should reconvey it to us, as we had done so to 25 them, without cost. They pointed out that the Texas 6-13-11 46 1 Administrative Code says that the property shall first be 2 offered to the seller or donor of the property. 3 COMMISSIONER BALDWIN: i.e., Kerr County. 4 JUDGE TINLEY: Yeah, but offered for sale to the 5 seller or donor. Not if it's sold, offered for sale, or if 6 it's been donated, offered to be donated back. So, they're 7 not in the donating -- in the donating mood. They claim that 8 the Administrative Code ties their hands. Mental note for 9 the future; any time we convey property in the state of 10 Texas, we probably should put a reverter in it that at such 11 time as the State ceases to use the property, title 12 automatically reverts to Kerr County, so that we won't be 13 charitable to them without having some recourse for 14 ourselves. But, at any rate, they had an appraisal done; 15 said the property's worth 300,000. The property is a 16 nonconforming use under city zoning, and that brought up the 17 question of demolition. Their appraisal did not provide for 18 demolition. I asked that they consider demolition, and we 19 had estimates done for the demolition and furnished it to 20 them. And you see their response in connection with your 21 agenda item. 22 COMMISSIONER LETZ: Which is "no." 23 JUDGE TINLEY: General consensus of the committee 24 members was that making an exception; i.e., demolition, would 25 set an unsustainable precedent for the future property 6-13-11 47 1 transactions in which we may engage in other areas. They 2 want their cake and they want to eat it, too. 3 COMMISSIONER BALDWIN: I'm not interested in giving 4 them $300,000 for probably something we already own. 5 COMMISSIONER OVERBY: Sure. 6 JUDGE TINLEY: Well, we will have the option to -- 7 to submit a bid on the property when we -- if we decline, and 8 it'll be put out for public bid as well, an opportunity to 9 submit a bid if we so desire. And at that point, we may want 10 to consider submitting a bid, if that's the course we take. 11 COMMISSIONER LETZ: Judge, is there any benefit to 12 contacting any of our elected officials on the statewide -- 13 on the state level to inquire into this? I mean, it would be 14 -- there are some potential uses for this property, in my 15 mind. 16 JUDGE TINLEY: Mm-hmm. 17 COMMISSIONER LETZ: Be good for the County to own. 18 I'm not sure we have the funds to pay 300,000 for it. But, 19 you know, I was wondering, is this outside of the state 20 government bureaucratic system, or is it within the state 21 government bureaucratic system? 22 JUDGE TINLEY: It's definitely within the state 23 system. The Armory Board is a -- is a division of the Army 24 National Guard, which is a state agency, and my experience 25 has been that they don't -- or they attempt not to march to 6-13-11 48 1 the beat of the political will, but rather do their own 2 thing. But, certainly, I don't suppose that it would hurt to 3 have some folks inquire. 4 COMMISSIONER OEHLER: What would be the use of this 5 money if they sold it? What would they use it for? 6 JUDGE TINLEY: They wouldn't give any of it back to 7 us, I can assure you that. 8 COMMISSIONER OEHLER: I understand, but what would 9 it be used for? 10 JUDGE TINLEY: Go into the state kitty. I don't 11 know -- I don't know if the funds would be required to go 12 into the Armory Board -- 13 COMMISSIONER OVERBY: State budget. 14 JUDGE TINLEY: -- uses or not. I just don't know 15 how that's -- 16 COMMISSIONER OVERBY: Judge, what's the acreage of 17 the property? 18 JUDGE TINLEY: About four and a quarter. 19 COMMISSIONER OVERBY: And the square footage of the 20 existing building? Do you have any idea? Anybody? 21 JUDGE TINLEY: I can't tell you the square footage. 22 COMMISSIONER OVERBY: Approximately? 23 JUDGE TINLEY: But its four and a quarter acres, 24 approximately. Fronts on Meadowview. 25 COMMISSIONER OEHLER: Around 10,000 or 12,000 6-13-11 49 1 square feet? Does that sound right? 2 JUDGE TINLEY: Probably pretty close. 3 COMMISSIONER OVERBY: I think that's -- 4 JUDGE TINLEY: That drill hall is a pretty good 5 size area. There are some other add-ons to it. 6 COMMISSIONER OEHLER: Maybe as much as 15,000, I 7 think would be max. 8 JUDGE TINLEY: Probably 12 or a little better. 9 COMMISSIONER OVERBY: It's been there how long? 10 COMMISSIONER OEHLER: Long time. 11 JUDGE TINLEY: '50's. They built it back in the 12 '50's, after -- 13 COMMISSIONER OEHLER: '56 or '59, somewhere along 14 in there. 15 COMMISSIONER LETZ: Maybe the City wants to buy it 16 and make a city hall. 17 JUDGE TINLEY: I hadn't thought of that. 18 COMMISSIONER LETZ: Just thought I'd bring it up. 19 JUDGE TINLEY: Based upon the heighth of the -- the 20 largest area there, they could do a multi-story, gain 21 significant square footage that way. 22 COMMISSIONER LETZ: I think, Judge -- I mean, it 23 seems to me, let them put it up for sale. We can decide if 24 we want to bid on it. I mean, probably to try and even get 25 representative Hilderbran or Senator Fraser involved probably 6-13-11 50 1 would be a waste of their efforts. 2 COMMISSIONER OEHLER: Well, I think the intended 3 use for -- be a very good use for more programs, I believe, 4 for 4-H or -- 5 COMMISSIONER OVERBY: I agree. 6 COMMISSIONER OEHLER: -- various things. It would 7 have been a real benefit to the -- to the youth of this 8 county, and for some programs that could be transferred there 9 and move out of some other space and be more accessible to 10 them. Sure would have been nice if they had had the right 11 frame of mind. 12 COMMISSIONER OVERBY: That's kind of been their 13 approach across the state with aging facilities like this, 14 the same thing is just -- you know, they've been gifted, and 15 now they just want to -- you know, sounds like they want to 16 reap the benefits of the gifts for themselves. It's not 17 right. 18 JUDGE TINLEY: There was an armory, I believe, in 19 Big Spring that they deactivated, and they did an appraisal 20 of it and then subsequently sold it for, I think, 21 approximately 30 cents on the dollar of the appraisal when it 22 went out for bids, because of nonconforming uses and the type 23 of improvements, that there's not a whole lot of use to it. 24 But -- 25 COMMISSIONER OEHLER: But governmental use for it 6-13-11 51 1 would be totally different than -- 2 JUDGE TINLEY: Maybe so. 3 COMMISSIONER OEHLER: -- possibly, than a private 4 individual's use purchasing that kind of property. 5 JUDGE TINLEY: Yeah. Okay. Well, if -- I gather 6 the consensus is to decline the offer of our preferential 7 right to purchase for 300,000? 8 COMMISSIONER LETZ: I'm not making a motion to 9 purchase it. 10 JUDGE TINLEY: Okay. Would you make a motion for 11 me to decline the offer, the preferential right? 12 COMMISSIONER LETZ: Yes, sir, I'll make such 13 motion. 14 JUDGE TINLEY: Okay. 15 COMMISSIONER OEHLER: I will second it. 16 JUDGE TINLEY: We have a motion and a second to 17 decline the State's generous offer to exercise our 18 preferential right to purchase for 300,000. Any discussion 19 on that? All in favor, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: The motion carries. Okay. Let's go 24 to Item 11; consider, discuss, and take appropriate action to 25 address the possibility of prohibiting the sale or use of 6-13-11 52 1 restricted fireworks, that being skyrockets with sticks, 2 missiles with fins, in any portion of the unincorporated area 3 of Kerr County pursuant to Local Government Code Section 4 352.051 for the 4th of July holiday, or recommendation that 5 the County Judge declare Kerr County a disaster area due to 6 the drought and ban all fireworks, with authorization to seek 7 extension of the disaster status from the Governor through 8 the entire 4th of July 2011 holiday period. 9 COMMISSIONER LETZ: Judge, I generally don't like 10 such things, but I'd go with the second item, to declare a 11 disaster and ban all fireworks. We're in an exceptionally 12 dry period. I'll make such motion. 13 COMMISSIONER OVERBY: I'll second that. 14 JUDGE TINLEY: Motion made and seconded for us -- 15 for me to declare Kerr County a disaster area due to the 16 drought and ban all fireworks, to seek appropriate extensions 17 from the Governor through the entire 4th of July holiday 18 period. Question or discussion? All in favor, signify by 19 raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: The motion carries. Let's go to 24 Item 12; to consider, discuss, take appropriate action on the 25 renovation and expansion of the Kerr County Hill Country 6-13-11 53 1 Exhibit Center project located at 3705 Highway 27. 2 Commissioner Overby? 3 COMMISSIONER OVERBY: Judge and Commissioners, I 4 have this on the agenda today again, as we've been talking 5 about just kind of going back and getting a little timeline 6 for what we've talked about with the Ag facility 7 renovation/expansion project. As you remember, in February 8 of this year, this was on our agenda to kind of look at the 9 updates and the scope of the project. And, again, it's a 10 project -- everybody in this room here is familiar with it; 11 it's been ongoing for the last 10 or 12 years of some 12 discussions. But in February, we -- we updated with costs of 13 the construction of renovating the existing arena, and the -- 14 the development and tearing down the original barn, putting 15 in a show barn that would be developed there, and then longer 16 term, we're looking at an exhibit or an events center. Not a 17 convention center; an exhibit or events center down the road, 18 and those costs were updated. 19 I did have -- this discussion came up again in 20 March, where I brought this before the Commissioners Court, 21 and I had permission from the Commissioners Court to go to 22 the K.E.D.C. group; this is the new economic development 23 group that is established here in Kerrville, and gave them 24 the report on the update of the renovation/expansion. Again, 25 a general over-scope of the whole project and what would 6-13-11 54 1 consist of that. Also, I would like to just make sure that 2 the -- one of the agenda items that Commissioner Oehler will 3 be talking about here shortly will be the outdoor arena, 4 which is already in the renovation phase, and he'll be 5 addressing that here shortly on the agenda as we talk about 6 that. 7 But what I have on the agenda is what we had 8 originally talked about here in the -- in one of our first 9 agenda items; we talked about authorization for the 10 discussion with regard to our livestock -- I had this on here 11 on the request for having authorization or directive -- a 12 direction from the Commissioners Court to make a presentation 13 on behalf of the renovation/expansion of this project to the 14 Economic Improvement Corporation on July 20th. The -- the 15 presentation would be again briefing them on the entire scope 16 of this project, the different phases, the different benefits 17 to our community. That would also include the economic and 18 educational benefit on behalf of our community. We 19 tentatively have a July 20th meeting coming up with our 20 Economic Improvement Corporation committee here in town, and 21 basically I had this on here, on the agenda, to get your 22 direction to make a presentation on the scope of the project. 23 I think that we need to realize in the community 24 that our 4B funding in Kerrville that's always been a 25 discussion of folks in the past talking about, well, it's 6-13-11 55 1 just Kerrville money, but there's 49,000 folks that live in 2 the county, and -- and Kerrville, and we all contribute to 4B 3 funding. And I would like to say again, there have been some 4 successful programs that have used 4B funding that benefit 5 this community on economic benefits, and one of those is the 6 Hill Country Shooting Sports Center. They've done 7 outstanding. It's out in the county, and those funds have 8 helped direct a lot of economic lodging and restaurant sales, 9 and the same benefit of those type of things would be 10 generated through the use of the renovation/expansion of the 11 Ag facility here on Highway 27. Other projects that have 12 been significantly contributed to with E.I.C. funding are 13 Schreiner University and the Dietert Center here, and also in 14 Kerrville. But, again, the -- the reason it's on the agenda 15 is to get direction and authorization from the Commissioners 16 Court to make a presentation. Again, it's an overall scope 17 of the project, just trying to go through different channels 18 of notification, and as we go through the process of 19 organizing the expansion and renovation of this project. In 20 the coming months, we have things that are coming up; I know 21 we've all visited about this. This is one of those steps as 22 we proceed going forward. 23 JUDGE TINLEY: Commissioner, you said presentation 24 to E.I.C. July 20th. Did you mean June 20th? 25 COMMISSIONER OVERBY: June 20th, I'm sorry. Thank 6-13-11 56 1 you for the correction, Judge. 2 COMMISSIONER BALDWIN: I thought -- you know, 3 you're asking for permission to do that. I thought we had 4 already done that. I thought we'd already given you 5 permission to go out and talk to folks. 6 COMMISSIONER OVERBY: Well, K.E.D.C. group. And I 7 couldn't remember exactly where all the information, again, 8 with the -- the E.I.C. might come up. I just wanted to be 9 for sure. And given that that's, again, what you recall, 10 Commissioner Baldwin, that's fine. 11 COMMISSIONER BALDWIN: That's what I recall, 'cause 12 I certainly don't see it on today's agenda. But I do recall, 13 in my mind, anyway, that we -- we had authorized you to go 14 and talk to those folks. And I don't know if it was E.I.C. 15 or the D.E.A. or who -- who it was. 16 COMMISSIONER OVERBY: Well, there's a lot of 17 acronyms. And the K.E.D.C. group, I know -- 18 COMMISSIONER BALDWIN: Whoever's interested in 19 giving money, that's who we want to talk to. 20 JUDGE TINLEY: Is that your criteria, who may have 21 an interest and who has money? 22 COMMISSIONER BALDWIN: Who has money. 23 COMMISSIONER OVERBY: That's all I need. 24 COMMISSIONER LETZ: Interest is not important if 25 they have money. 6-13-11 57 1 COMMISSIONER OVERBY: That's twice that -- 2 COMMISSIONER LETZ: You can persuade them to have 3 an interest. If they have money, you still want to talk to 4 them. I have no problem with, I mean, talking to as many 5 people and groups that we can, as long as there's no 6 commitment -- you know, that we're just getting out there and 7 trying to get support. And the more groups we can get to, 8 the better. I'd be ecstatic if E.I.C. would, you know, 9 commit funding to projects like this, as our -- some of our 10 local foundations and other, you know, individuals we've 11 talked to. I know Commissioner Oehler spent time visiting 12 with different local foundations, and I have as well, and 13 that's all part of the mix, in my mind. I don't see tax 14 dollars going into this project, much more than what we've 15 put into it and kind of steering it and doing all that. So, 16 it's going to be a -- kind of a -- I look at it as a 17 private/public partnership -- 18 COMMISSIONER OVERBY: Right. 19 COMMISSIONER LETZ: -- to get this project done, 20 and it is certainly a benefit for the entire county, 21 including the entire city. 22 JUDGE TINLEY: The -- the issue that's going to 23 arise whenever it's presented and there's a specific request 24 for funding is going to be, does Kerr County intend to 25 participate in some of the funding aspects for this facility? 6-13-11 58 1 Obviously, that's a question that's going to be asked. Who's 2 going to have skin in the game, as it were. And I realize 3 that we're not in a position here today to talk about any 4 specifics in that regard, but it stands to reason that we 5 would be a partner in the project, inasmuch as we own the 6 property and -- and are going to get the major benefit from 7 the -- from any expansion and renovation that occurs. But -- 8 so from that standpoint, I think we need to commit, as it 9 were, to be a partner in the project. 10 COMMISSIONER LETZ: Well, I think that the -- 11 Jeannie's here; she can give us the exact number, but I 12 believe we put about $500,000 of our skin in the game 13 already, to -- to get the -- we have some funds left in that 14 capital project. 15 JUDGE TINLEY: Mm-hmm. 16 COMMISSIONER LETZ: We moved and built a new -- 17 JUDGE TINLEY: Arena. 18 COMMISSIONER LETZ: A new arena. There's 19 demolition costs on the old arena. We've done other upgrades 20 out there. So, I think that, you know, we have participated, 21 and we've paid for a lot of background work and cost 22 estimates and things of that nature, designs. So, I think 23 that, you know, we're already there, in my mind. And I 24 think -- 25 COMMISSIONER OEHLER: Well, if you want to talk 6-13-11 59 1 about a partnership, you know, the bricks and mortar is the 2 least expensive part of any project. The maintenance and 3 operation goes on forever, and the public is going to benefit 4 somewhat from having more functions that pay more of those 5 costs of operation annually, but that's -- that's what all of 6 the -- all the taxpayers support. They pay a big portion of 7 the maintenance and operation, I think, on an annual basis, 8 and that goes on -- you know, we've gotten those costs down 9 some over the last few years, because we're getting more -- 10 more rental money in than we had gotten ever before, but it's 11 still not a wash on the funds it takes to operate that thing. 12 COMMISSIONER BALDWIN: Far from it. Far from it. 13 COMMISSIONER OEHLER: And it never will be as long 14 as we have all the youth programs and stuff that use that 15 thing, which that's the intended use. 16 COMMISSIONER BALDWIN: Exactly. 17 COMMISSIONER OEHLER: And, you know, we shouldn't 18 gripe about that; it's wonderful that we're able to support 19 those programs, because those are very important to everybody 20 that lives here. 21 JUDGE TINLEY: And the other aspect, it provides 22 economic benefit to the community. 23 COMMISSIONER OVERBY: That's right. 24 JUDGE TINLEY: Particularly city of Kerrville, 25 businesses here, and lodging and restaurants, retail sales 6-13-11 60 1 and so forth. 2 COMMISSIONER OEHLER: The more things we can do out 3 there to bring in more groups, the better off everybody will 4 be because of economic impact. 5 COMMISSIONER BALDWIN: Judge, what I'd like to see 6 us do is bring the issue back next meeting, with the 7 blueprints that -- to renew in my mind exactly what we're 8 talking about, what kind of expansions we're talking about. 9 And with all that information, when you're talking sales tax, 10 how much goes to the city and how much stays in the county? 11 Those kinds of things. The use of it, what -- the plan of 12 the use of the facility, just to kind of renew -- I mean, 13 y'all are probably in tune with it. I'm not. I can't 14 remember what all it was -- what all it entailed. It was -- 15 in my mind, it was a beautiful facility that we need to do. 16 So -- 17 COMMISSIONER OEHLER: It's just got to be done in 18 phases, one step at a time. 19 COMMISSIONER OVERBY: I think the other -- and 20 we've all talked about this here before, is the private 21 sector, of hearing different folks in our community. I think 22 that is -- is the driving force. What I'm hearing in the 23 community -- it's not just one particular, or two particular 24 groups or individuals. It's -- it's a wide variety of folks 25 out there who want to see us move forward in some type of 6-13-11 61 1 phases to renovate. Commissioner Oehler, you spoke -- you 2 know, again, from the meeting that we had from the livestock 3 group, they had some great ideas on some -- on some funding 4 deals. And I know Bob -- Bob, you're still here -- what we 5 talked about the other day, there are some avenues of 6 exploring once those renovations can happen and we can 7 expand, that we could be creative on how we can help fund 8 those type of facilities down the road, which I think, with 9 the budget times that we're all dealing with, is critical. 10 We already know the educational component of the 11 stock show is -- is exploding. It's growing so much with 12 every year, as far as what -- obviously, the scholarships, 13 the educational components that this Commissioners Court is 14 very supportive of and the county is behind, we need to move 15 forward. We've got a -- a facility that was purchased in 16 '54, that was built in '57, that now is, I think, 54 years of 17 age, that's starting to show its age and falling down. We've 18 got an existing arena that's 30 years old. And a lot of 19 folks volunteered and put money up and did a lot of things to 20 have that happen, and as a community, you know, we need to 21 really look at how we can move forward with that and 22 structure the organization and moving forward with this. So, 23 again, I -- Commissioner Baldwin, I'd just say that I thank 24 you for giving the clarity and the direction from what you 25 recall. I needed to hear that again as far as what -- what 6-13-11 62 1 you recall from the Commissioners Court meeting, and I 2 appreciate that. Got that update. 3 JUDGE TINLEY: Anything further that you need? 4 COMMISSIONER OVERBY: No. 5 JUDGE TINLEY: Okey-doke. 6 COMMISSIONER OVERBY: Thank you. 7 JUDGE TINLEY: Let's move on to Item 14; consider, 8 discuss, take appropriate action to authorize going out for 9 bids for lighting for the outdoor rodeo arena at the Hill 10 Country Youth Exhibit Center. Commissioner Oehler? 11 COMMISSIONER OEHLER: Met with Peter Lewis last 12 week and talked about the lighting and the, of course, 13 concession and restrooms. He has done all of the bid specs 14 and is ready for us to put it out for bid for the lights only 15 at this time. And we'll have the other stuff in the near 16 future. I believe that we met -- I met with him the other 17 day. Here's the -- the stuff. This will show you the 18 lighting, the diagram of what the coverage is. And on that 19 deal, then, here are the rest of the specs that go as far as 20 to show you what the arena will look like when it is lighted 21 from a computer-generated -- 22 COMMISSIONER LETZ: These are lumens, I take it? 23 COMMISSIONER OEHLER: Yes. And there will be six 24 poles, steel poles with the lights. But I think he said 25 there were six -- I believe six or eight fixtures on each 6-13-11 63 1 one. 2 COMMISSIONER LETZ: Six. 3 COMMISSIONER OEHLER: And that shows you basically 4 that it will be -- there won't be any dark spots in it 5 anywhere. This was designed by a professional company in 6 Houston that does arenas all the time; that's where all the 7 specs and everything came from. And at this time, they're 8 ready to proceed with requesting for bids. 9 COMMISSIONER LETZ: Commissioner, do you know off 10 the top of your head, just as a reference, what, like, Antler 11 Stadium's lumens are? 12 COMMISSIONER OEHLER: I have no idea. 13 COMMISSIONER LETZ: Or any other athletic field, 14 what the requirements are for athletic fields. How bright 15 are we talking about? 16 COMMISSIONER OEHLER: I have no idea. This pretty 17 well shows it on that one diagram back in the back. And this 18 company has done multiple arenas and stadiums. 19 COMMISSIONER LETZ: Probably will be comparable to 20 that type of lighting. 21 COMMISSIONER OEHLER: I would say so. 22 COMMISSIONER OVERBY: Commissioner, the arena, 23 again, for -- for folks out there, that's an official size. 24 COMMISSIONER OEHLER: Right. 25 COMMISSIONER OVERBY: Outdoor arena. And then 6-13-11 64 1 again, it also can be used for many events to be rented out. 2 COMMISSIONER OEHLER: It'll be used -- if we can 3 get some lights on it, it'll be used a lot more. 4 COMMISSIONER OVERBY: Yeah. 5 COMMISSIONER OEHLER: I tell you, I hear it more 6 and more every day, and it just infuriates me. Somebody's 7 going around saying that arena is for 4-H use only. I'm 8 getting really tired of hearing it. It is up for -- we set 9 the rate for the rental on it, and we have -- to my 10 knowledge, had haven't had anybody renting it. And I don't 11 know who's -- who's speaking about all that, but I wish 12 they'd quit, because I got it -- we got it the other night 13 from the Stock Show Association. I've had it from various 14 people. But this will be the first step at making it 15 functional to be used at nighttime. 16 JUDGE TINLEY: Mr. Walston, you might be helpful in 17 making sure that the word gets out that the arena's not for 18 4-H use only. 19 MR. WALSTON: I think it's -- as far as our horse 20 group, they're all very well aware of the changes, you know. 21 And I think, from my -- my thought is that just the history 22 of it is carrying itself on, and so it's -- I hope it's not 23 any of our group that's going out and saying that, because I 24 know I would explain to them the changes in -- in the 25 operation of it. So -- and the leadership in that group is 6-13-11 65 1 well aware of it. So -- 2 JUDGE TINLEY: If you wouldn't mind reinforcing 3 that, I'd appreciate it. 4 MR. WALSTON: I will do it. 5 JUDGE TINLEY: Thank you. 6 COMMISSIONER BALDWIN: Who does use it? 7 COMMISSIONER OEHLER: Nobody right now. 8 COMMISSIONER OVERBY: Well -- 9 COMMISSIONER OEHLER: Not much. There may be -- I 10 mean, there's some barrels set up out there, and maybe 11 somebody's going out practicing barrel racing or something. 12 But, you know, we have these ropings that come in all the 13 time, and a lot of those ropers are the ones telling me this 14 and they're saying, "Oh, we can't use that." Why not? 15 COMMISSIONER OVERBY: I think -- 16 COMMISSIONER OEHLER: They'd rather be outside than 17 they'd be inside, but the lights would make it for sure. 18 COMMISSIONER BALDWIN: Who used the other outdoor 19 arena? Was it -- 20 COMMISSIONER OEHLER: It was strictly 4-H. We 21 couldn't even lease it out, because they -- you know, they 22 built it, plus it was a small arena. 23 COMMISSIONER BALDWIN: That's -- when you say "our 24 group," that's what you're talking about? 25 MR. WALSTON: Yeah. 6-13-11 66 1 COMMISSIONER BALDWIN: Now, who are the horse club? 2 MR. WALSTON: That's 4-H horse club. 3 COMMISSIONER BALDWIN: Okay. Is there another 4 organization that might use it? 5 COMMISSIONER OEHLER: You're going to have events 6 that will -- that will lease it for -- 7 COMMISSIONER BALDWIN: So there's not another 8 organized group like the 4-H horse club? 9 COMMISSIONER OEHLER: Just -- 4-H horse club's the 10 only one I know. And they have not -- not used it very much, 11 from what I understand, because we don't have lights and 12 various things. 13 COMMISSIONER BALDWIN: My first thought is, here 14 we've built an arena that nobody's using. Now we want to add 15 to it. So, you think that if we add the lights, then people 16 will start using it? 17 COMMISSIONER OEHLER: They will. 18 COMMISSIONER OVERBY: We have an upcoming event, 19 Commissioner Baldwin, first weekend in August. That is the 20 first time that we've talked about that. We have four 21 organizations or entities that are supporting a rodeo event, 22 that's got a rodeo event. It has a chili cook -- chili 23 cook-off deal and a brewery type of thing, and it's 24 Chamber-sponsored, so it's CVB-sponsored; it's supported by 25 City of Kerrville and the County. 6-13-11 67 1 COMMISSIONER BALDWIN: So you're going to move 2 bucking chutes out there? 3 COMMISSIONER OEHLER: Yeah. We've got the bucking 4 chutes; we just have to transfer them. 5 COMMISSIONER BALDWIN: I thought -- you know, we 6 were talking at one time about a roof. 7 COMMISSIONER OEHLER: That's -- 8 COMMISSIONER BALDWIN: So how's the roof and the 9 lights going to work together? 10 COMMISSIONER OEHLER: It works fine, because the 11 lights are being set back far enough we can still do it. 12 COMMISSIONER BALDWIN: And so the lighting would 13 be -- 14 COMMISSIONER OEHLER: Then we'll just use the 15 lights that we can -- I asked Peter to design the mounts and 16 stuff, look for lights to where if they had to be moved, we 17 wouldn't lose our investment. We could still use them, or we 18 can turn them around and maybe light up the parking lot and 19 light up the field. Because all the lighting in the covered 20 place would be inside. But -- 21 COMMISSIONER LETZ: What -- 22 COMMISSIONER OEHLER: -- who knows how long that's 23 going to be. And if we don't light it, and if we don't have 24 restrooms and concession stands, it's going to just sit 25 there, because we can't have those bigger events that will 6-13-11 68 1 bring -- we got -- this roping stuff has gotten to be kind of 2 an expensive pastime for some people that really enjoy that. 3 I mean, they drive up in a $50,000 pickup, and they have a 4 $90,000 horse trailer, and they're riding $30,000, $40,000 5 horses. And, you know, there's a lot of them that go to 6 these events. They leave on Friday; they don't get back home 7 till Sunday night a lot of times, or Monday morning. So, we 8 have an opportunity to draw those kind of things here if we 9 have a facility that's usable at night as well as during the 10 day. And there are people that are now finding out that 11 we've built this, but it's still not quite functioning. This 12 is one step to start it to be functional. 13 COMMISSIONER LETZ: Do we have an estimate? 14 COMMISSIONER OEHLER: The estimate is 72,000 for 15 the lights and $70,000 for the installation, 142,000. But 16 that's -- you know, that's just an estimate. We don't know 17 till we bid it. And there are some local bidders that can 18 qualify. And this thing will be bid with -- will be bonded, 19 just to cover. We can't -- we don't want to get into one of 20 those situations where we don't have bid bonds and things. 21 We talked about it last week, Rob and I and Peter. But, 22 anyway, here are the -- here are the bid specs, and this is 23 the times and dates that are being proposed. We'd like to 24 get it done as quickly as possible, 'cause the poles take a 25 while to get. And we've kind of -- Peter has drug this thing 6-13-11 69 1 out, and along with not being -- he hasn't gotten the proper 2 encouragement at times till just recently to get with it, 3 because we're -- you know, we have the county fair coming up 4 in October as well. 5 COMMISSIONER OVERBY: Yeah. 6 COMMISSIONER OEHLER: And so we're really on a 7 short fuse, whether we're going to get this thing lit or 8 we're not. And -- but, anyway, we're proposing that the 9 bids -- that we authorize to go out for the bids, and that 10 they be received until 5 p.m. Thursday, June the 30th. And 11 we'd like for us to have a special meeting on that day, 12 because of the time frame we're under, to open bids. 13 MS. GRINSTEAD: Open bids July 1st. 14 COMMISSIONER OEHLER: Yeah, be on a Monday. Be a 15 special meeting for Monday morning. 16 JUDGE TINLEY: No, on Friday. 17 COMMISSIONER OEHLER: That's right, 30th is on 18 Thursday. 19 MS. GRINSTEAD: Exactly. 20 COMMISSIONER OEHLER: I had it right the first 21 time. And all the -- you know, the deals in here about him 22 having a precon -- pre-bid meetings and -- and giving out the 23 plans and specs to respective bidders, all of that, that's 24 part of this packet, and I believe it's pretty well covered. 25 COMMISSIONER LETZ: I guess the timing may not work 6-13-11 70 1 here for this, but L.C.R.A. funds lights a lot. But I'm not 2 sure how -- I mean, I know they put the lights in the Comfort 3 baseball fields, the Tivy softball fields. Those were grants 4 from L.C.R.A., because they figure they're using power; 5 they're getting the money back. 6 COMMISSIONER OEHLER: Maybe we ought to do that. 7 COMMISSIONER LETZ: Not sure the timing's going to 8 work within the time deal. I'm not sure that they do those 9 grants any more. They have -- I think probably Barbara said 10 they may have changed that program. 11 COMMISSIONER BALDWIN: They probably have those 12 little sissy curlicue light bulb things that doesn't work. 13 You can't see a damn thing in there. 14 JUDGE TINLEY: They have discontinued their parks 15 grants program. 16 COMMISSIONER OVERBY: That's right. 17 COMMISSIONER LETZ: They discontinued that one? 18 JUDGE TINLEY: That was the larger one. I think it 19 ran up to 250 maximum, 250,000. The grants that they now 20 have are smaller grants. They're, I think, 25,000 max, 21 Ms. Hoffman told me. 22 COMMISSIONER LETZ: I'm certainly in favor of it. 23 I'm just -- I hate to be rushed into it, and I'm wondering -- 24 I'm just thinking out loud here. We've got -- Ms. Auditor, 25 how much money is left in that capital account -- 6-13-11 71 1 MS. HARGIS: Well -- 2 COMMISSIONER LETZ: -- at the Ag Barn? 3 MS. HARGIS: In the Ag Barn? I'm not -- I'm going 4 to guess it's around three -- between 250 and 300. 5 COMMISSIONER LETZ: We have the money there, but is 6 this the -- what Commissioner Overby's talking about, is this 7 the best use of our funds for the long-term big picture 8 project, is my question. I don't see us -- I mean, I won't 9 be real inclined to vote for more tax dollars going into that 10 facility. We got 300,000 to get from Point A to Point B, 11 which is completing that facility. And while this certainly 12 needs to be done, I also think that there are probably some 13 possible grants to get out there, which will, you know, delay 14 having it ready within the time frame we're looking at. But 15 I -- I'm real reluctant to rush to make a decision. I don't 16 have a problem going out for bids, but I'm not 100 percent 17 sure this is the best use of that capital fund right now. 18 COMMISSIONER BALDWIN: I'm going to vote against it 19 because of that very reason. I think -- I think that the 20 inside -- the indoor arena that we have right now, that big 21 building where we have the sheep show and the goat show and 22 all that stuff, that thing needs a lot of work, in my mind, 23 before we start going outside and doing some other things. 24 It's just -- I'd rather -- and in the beginning, that's what 25 we talked about, is fixing that thing up, before -- before we 6-13-11 72 1 do anything else. But -- so I'm going to be a "no" vote 2 because of that. Although I love what's -- what we're 3 talking about. 4 COMMISSIONER LETZ: I'm -- I mean, I'll vote. I'm 5 not at all opposed to going out for bids, but I certainly -- 6 before those -- the award of the bid, I'd like to hear from 7 some of our local foundations about the possibility of their 8 interest in funding this portion of it. 9 COMMISSIONER OVERBY: Bruce, was it just the 10 lighting on this bid? Did it also -- were we also going out 11 looking for restrooms? 12 COMMISSIONER OEHLER: The next part of it includes 13 restrooms and concessions. 14 COMMISSIONER OVERBY: Was that -- 15 COMMISSIONER OEHLER: We'll use our own bleachers, 16 because I don't think we can afford do it all at one time. 17 COMMISSIONER OVERBY: That is also included in -- I 18 mean, 142 is for the lights? 19 COMMISSIONER OEHLER: Right. 20 COMMISSIONER OVERBY: Do we have any idea what the 21 concessions and restrooms -- 22 COMMISSIONER OEHLER: Going to be a similar amount 23 to this, I think. 24 COMMISSIONER OVERBY: So, we're looking underneath 25 that 300 deal. 6-13-11 73 1 COMMISSIONER OEHLER: There's -- otherwise, we can 2 add restrooms to that, and concessions. I mean, that's 3 another thing that we can -- we can probably purchase 4 cheaper, rather than building a permanent on a slab type 5 situation, if we wanted to go that route, then look at 6 options on that. But I can tell you that we might as well 7 not have done this if we're not going to light it. 8 COMMISSIONER OVERBY: I agree. 9 COMMISSIONER OEHLER: At least go out for bids and 10 see what it costs. 11 JUDGE TINLEY: Yeah, let's take a look at the bids. 12 COMMISSIONER OEHLER: It may be out of sight, or it 13 might be something that's affordable, and maybe we can find 14 somebody that will agree to help fund it. 15 COMMISSIONER LETZ: I think that this is an 16 important potential topic for Commissioner Overby at E.I.C. 17 as to, you know, if we're going to have -- I think we're 18 going to be -- the E.I.C. or other city partners -- other 19 partners are going to want us to participate in. You know, 20 in my mind, this is participation. In their mind, this is 21 participation. I think it's real critical. I mean, we have 22 a -- in my mind, a specific dollar amount that we can put 23 into that facility remaining, and we need to leverage that to 24 the best possible benefit to get the full facility done. And 25 so I think we need to know. I mean, you know, is -- are -- 6-13-11 74 1 we're spending a bunch of money out there. Are they looking 2 at this as participation, or are they going to want us to 3 participate in the actual construction phase, more the 4 building phase? I mean, I agree with you. The best use is 5 what we've got to look for. 6 COMMISSIONER OVERBY: I would say that, 7 Commissioner Letz, your -- you know, your comment -- and I 8 totally agree. You know, you talked about skin in the game 9 already from the County's standpoint, and we have -- and, 10 Jeannie, you correct me if I'm... From what we know, that we 11 already spent about 218,000, 220,000 on the outdoor arena 12 right now, and are renovating and relocating, getting it set 13 up. The amount that we're talking about -- and, again, I'd 14 support Commissioners Oehler's -- the proposal here to go out 15 and look at what bids are going to be, because even if we -- 16 if we come underneath that 300 that we -- we say that we have 17 now, we think we have underneath our ag-related budget, that 18 would be about half a million that we would have into the -- 19 the scope of it. What we're talking about is a significant 20 amount of money; there's no doubt about that. 21 I also agree with Commissioner Baldwin and his 22 comments about the existing arena that's -- that's 30 years 23 old. There's no doubt about it; it has to be renovated. 24 It's got to be upgraded and those things, and I -- where do 25 you start at? You know, that's where we are here, is this is 6-13-11 75 1 desperately needed to move forward. But we did -- it appears 2 that, you know, we started first of all with the outdoor 3 arena, and that kind of was -- that's the -- the component 4 that's about halfway in the process. And I know it's kind 5 of -- we need to then come back to where we need to upgrade 6 and go from there. But I would support the bid process, to 7 go out and see what we hear back and find out what the cost 8 would be, and see if we could help potentially move this part 9 of the phase down the road. 10 COMMISSIONER LETZ: I think the -- when you're at 11 E.I.C. or whoever you're -- any other group you talk with, I 12 think it's important that, step one -- and the reason we did 13 the new outdoor arena was that we had to get rid of the old 14 arena to make room for any new construction. I mean, that 15 was what the plan was. That was the -- it wasn't we just 16 decided to build an arena. That was phase one of the 17 original plan, and you had to do this first. So -- 18 COMMISSIONER OEHLER: The old arena did have 19 lights, such as they were. It did have lights. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER OEHLER: So, you know, anyway -- 22 COMMISSIONER BALDWIN: I'll second your motion, if 23 you ever make one. 24 COMMISSIONER OEHLER: Well, I'm going to get to it. 25 I'll move that we authorize going out for bids for outdoor 6-13-11 76 1 lighting of the new outdoor arena, the Ag Barn, and that the 2 bids will be sealed bids, and the bids will be turned in at 3 the County Clerk's office, Room 122, 700 Main Street, 4 Kerrville. Bids will be received until 5 p.m. Thursday, June 5 30th, 2011. Bids received after that time will not be 6 accepted. Bids will be opened publicly at 9 a.m. Friday, 7 July 1, 2011, during Commissioners Court, and bids shall be 8 on a stipulated sum basis, shall be submitted using bid forms 9 and the construction contract provided. And drawings and all 10 the bid specs will be available at 2404 Memorial Boulevard, 11 Kerrville, Texas. 12 JUDGE TINLEY: One question about your motion 13 including the meeting time. I'm not sure that our agenda 14 item allows that. We can set a meeting any time we want to. 15 COMMISSIONER OEHLER: Yeah. Well, then we will 16 make that a separate deal. But the end of that, the meeting 17 day, leave that out of the motion. 18 JUDGE TINLEY: Okay. All right. 19 COMMISSIONER OEHLER: Will be received by 20 5 o'clock -- 21 JUDGE TINLEY: Thursday, the 30th. 22 COMMISSIONER OEHLER: -- Thursday, the 30th of 23 June, -- 24 COMMISSIONER BALDWIN: Second. 25 COMMISSIONER OEHLER: -- 2011. 6-13-11 77 1 JUDGE TINLEY: I have a motion and a second to go 2 out for bids as indicated, pursuant to the plans and specs, 3 with bids -- bid deadline will be 5 p.m. Thursday, June 30th, 4 2011. Question or discussion? 5 COMMISSIONER BALDWIN: My second is simply the fact 6 that you have to get the bids in. You have to know what the 7 numbers are to deal with anything. I just -- we couldn't 8 take another step until we know, for you to go out and -- 9 COMMISSIONER LETZ: Raise money. 10 COMMISSIONER BALDWIN: -- raise money. 11 COMMISSIONER OVERBY: Thanks. Thanks. 12 COMMISSIONER BALDWIN: For those kind of people 13 that love us. 14 COMMISSIONER OEHLER: And the sooner you can get 15 back with it, the better off we'll all be. 16 COMMISSIONER OVERBY: We need to gather all the 17 support we can. 18 COMMISSIONER BALDWIN: It's the same thing as my 19 comments earlier about the whole plan of the thing coming 20 back here real soon. It's exactly the same thing. We need 21 to renew our thinking on it and know exactly what we're 22 talking about, you know, what kind of facility and 23 everything. I mean, how do you go out and raise funds if you 24 don't have everything clear in your mind what you're fixing 25 to build? So, I'm honored to second your motion. 6-13-11 78 1 COMMISSIONER OEHLER: Oh, thank you. 2 JUDGE TINLEY: Further question or discussion? All 3 in favor of the motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion does carry. Let's take up 8 our Item 13, a 10:30 timed item, right quick. Consider, 9 discuss, take appropriate action to approve purchase of 10 software lease from Rescue Connection; authorize County Judge 11 to sign same. Mr. Trolinger? 12 MR. TROLINGER: Good morning. This has been a long 13 process to get this software going, and we are there. For 14 about $2,850 per year, we'd like to lease software for Animal 15 Control that will automate their operation. Currently they 16 are on paper and kind of a hybrid computer spreadsheet, and 17 we'd like to clean that up and get them organized with 18 professional software. 19 COMMISSIONER OEHLER: Have you -- 20 COMMISSIONER BALDWIN: Is it budgeted? 21 MR. TROLINGER: Yes, sir. 22 COMMISSIONER OEHLER: I move approval. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval. Question or discussion? 6-13-11 79 1 COMMISSIONER OEHLER: I have had enough talks with 2 Janie about the need for this, and it's time to fix it, I 3 believe. 4 COMMISSIONER OVERBY: It's good. 5 MR. TROLINGER: And thanks for your help with that, 6 by the way, Commissioner Oehler. That was instrumental. 7 COMMISSIONER OEHLER: You're quite welcome. 8 COMMISSIONER LETZ: How much is it? $250 dollars a 9 month? How much is it? 10 MR. TROLINGER: It's $250 a month if we pay per 11 month, and we can pay per year at a 5 percent discount, 12 $2,850 per year. 13 COMMISSIONER LETZ: That's what I was -- all right, 14 got it. 15 COMMISSIONER OEHLER: Leave him alone. 16 JUDGE TINLEY: Further question or discussion? All 17 in favor of the motion, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: Motion carries. We'll be in recess 22 for about 15 minutes. 23 (Recess taken from 10:40 a.m. to 11:00 a.m.) 24 - - - - - - - - - - 25 JUDGE TINLEY: Okay, let's come back to order, if 6-13-11 80 1 we might. Let's take up Item 18; to consider, discuss, take 2 appropriate action regarding contract and proposed contract 3 amendment with Frees and Nichols, Inc., regarding the Flat 4 Rock Dam and Ingram Dam concrete cap void grouting project. 5 Commissioner Oehler? 6 COMMISSIONER OEHLER: I'm going to turn it over to 7 Rob. That'll be probably the quickest way to get through 8 that. 9 MR. HENNEKE: Gentlemen, thank you. Attached to 10 the backup is a letter that we received. We've got Mr. Les 11 Boyd here from Freese-Nichols. And this is a multi-phase 12 project that was repairing the Flat Rock Lake and Ingram Lake 13 Dam. Initially, you had Phase 1, which was approved by the 14 Court, I think, sometime in January of 2010, which was for 15 the initial design and engineering. That was a $12,000 16 phase. And then late summer last year, the Court approved 17 Phase 2, which was then to go and do the -- basically, the 18 project was injecting grouting into the dam to repair what we 19 thought at the time were all of the voids that had been 20 detected within those dams as part of the Phase 1 assessment 21 project, and we hired Mr. Boyd and a subcontractor to do that 22 Phase 2, and agreed to pay them approximately $32,000, I 23 believe, to do that. 24 Sometime during that project, around the middle of 25 November, we discovered that Ingram Dam had a much, much 6-13-11 81 1 greater void in it that we were not aware of, that the sonar 2 that we had used to try to detect these voids had not 3 detected. And it was, as you all will recall, a pretty big 4 emergency with that big of a cavity. There was concerns that 5 the integrity of the dam was questionable, and Commissioner 6 Oehler really had to move a lot of things to get the dam 7 drained so that we could get in there, we could address it, 8 and Mr. Boyd's firm and the contractor continued to work to 9 solve this public safety emergency, and we did get the dam 10 fixed. It has been fully repaired. But now there have been 11 discussions about the additional work that Mr. Boyd and his 12 firm performed, what was in the original contract, what was 13 in addition to the additional contract. 14 And Mr. Boyd has provided, you know, his time 15 sheets from what he did during the original construction 16 phase, time sheets for what was performed after the emergency 17 arose. He's presented an estimate to the Court, or a request 18 for additional compensation, but there's a lot of moving 19 pieces that are in there, and looking over all of the 20 documentation, I think this is something that -- that would 21 need to be negotiated. But it had been languishing -- or 22 been -- this has been ongoing for long enough that we thought 23 it was important to bring it back to the Court for an update. 24 I asked Mr. Boyd to be here, to be present to address any 25 questions. But my recommendation at this point, gentlemen, 6-13-11 82 1 would be to suggest a half-day mediation, where 2 Commissioner -- a representative from the Court, and I would 3 be glad to attend, could sit down with Mr. Boyd and his firm 4 and, you know, a third-party mediator and hash out all the 5 issues that are there and try to come to an agreed upon final 6 price that could then be recommended to the Court for payment 7 approval to wrap up or resolve all of these issues. I think 8 that can be the most efficient way to do that, and the most 9 fair way, and representing y'all's interests with the 10 taxpayers. But also recognizing that Freese and Nichols did 11 -- you know, did work on this project, and the project's been 12 finished. We just need to resolve everything, so -- 13 JUDGE TINLEY: Have you discussed the possibility 14 of mediating this matter with Mr. Boyd? 15 MR. HENNEKE: I mentioned it to him before the 16 meeting today, and I don't think -- I don't know that he has 17 the authority to bind his company. 18 JUDGE TINLEY: What was his reaction generally? 19 MR. HENNEKE: I think he was open to it. 20 MR. BOYD: Yes. 21 JUDGE TINLEY: Do you think it's necessary that we 22 have a third-party mediator, as opposed to just trying to see 23 if -- if the representative from the Court and yourself can 24 sit down with he and other members of his firm and -- I mean, 25 we haven't tried that yet, have we? 6-13-11 83 1 MR. HENNEKE: Well, we've had -- we've had 2 discussions back and forth. And I guess we haven't really 3 had a face-to-face negotiation. Judge, as you're aware, 4 mediation works when the parties are willing to come to a 5 compromise, and if the parties aren't, the best mediator in 6 the world can't ever change that. So, -- 7 JUDGE TINLEY: Yeah. 8 MR. HENNEKE: -- we can certainly have the 9 meetings. You know, we can assist somebody to facilitate the 10 discussions to have an outside perspective. I think both 11 could be productive, and it's, you know, whatever the Court's 12 pleasure on that would be. 13 JUDGE TINLEY: Well, as you indicated, a lot of 14 times when you have that third party who's -- who's looking 15 at it from a totally different perspective, not on either 16 side of the equation, sometimes that individual can make some 17 progress where the two respective sides don't. So, I just 18 didn't know what the degree of discussion there was -- there 19 had been before to try and get it resolved. 20 COMMISSIONER OEHLER: There's been a lot. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER OEHLER: There's been a fair amount. 23 We've been back and forth and requested more documentation, 24 and on hourly -- you know, how many hours were put in, how 25 much more time was spent because of -- and how much 6-13-11 84 1 additional time was required after the first contract 2 supposedly ended and we got -- we're not sure -- from our -- 3 from my perspective and Rob's, when that first contract was 4 over and the second part of the emergency part began. And so 5 there's some -- that's where the rub is, I think. And, you 6 know, we want -- for my part, I want for the County always to 7 be fair to people that do work for us. At the same time, I 8 think that we want them to be paid, but we need to get the 9 value for the taxpayers that I believe the taxpayers deserve. 10 JUDGE TINLEY: If there's been that degree of -- of 11 discussion about this matter, possibly going straight to a 12 mediation with a third-party mediator would be appropriate, 13 then. 14 COMMISSIONER OEHLER: And I think both parties, I 15 hope -- and he'll have -- Mr. Boyd will have to go back and 16 get -- 17 JUDGE TINLEY: Sure. 18 COMMISSIONER OEHLER: Tell his -- the owner, to ask 19 his blessing, or if he's willing to do this. But it's gone 20 on for quite a while, and we've talked back and forth. We've 21 had, what, one face-to-face with Mr. Boyd up here one day, 22 and then there have been questions fired back and forth. 23 And, you know, he's made proposals and he's lowered the 24 amount and stuff like that, but it's not something that -- I 25 don't think -- it's felt like we're not really getting 6-13-11 85 1 anywhere to get resolution on the thing. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER OEHLER: And we wanted every member of 4 the Court to know where we were, and to get your input and 5 your blessing on how we move forward. 6 COMMISSIONER LETZ: How far apart dollar-wise are 7 we? 8 COMMISSIONER OEHLER: You know, that's a good 9 question. He has come down on the last proposal from 50-some 10 -- almost 50,000 to 33,000, I believe. But, you know, it's 11 still -- we're not -- I'm not comfortable with all, you know, 12 the questions being answered that we've asked. And I think, 13 you know, maybe to split the mediation cost of approximately 14 $500, you know, $250 or something to get resolution to it, 15 put it to bed, I think is money well spent. And we can get 16 it over with. And if y'all would like for me to do -- be the 17 representative, I'd be more than happy to do so, and bring 18 back the recommendation to the Court for approval. Or 19 disapproval. 20 JUDGE TINLEY: Well, of course, any time you get a 21 mediation on behalf of a governmental entity, why, -- 22 COMMISSIONER OEHLER: Yeah. 23 JUDGE TINLEY: -- it requires approval or 24 disapproval, as you say, of the governing body. Sometimes 25 folks on the other side of the equation don't always 6-13-11 86 1 understand that, but I'm sure they do. But at this point, 2 you're just seeking a consensus that the Court feels that's 3 an appropriate way to move forward to get it resolved if 4 they're willing to do likewise, and I'd say let's try and get 5 it done. 6 MR. HENNEKE: I think we need to just confirm that 7 Commissioner Oehler's authorized to be the representative of 8 the Court, and to invite Freese-Nichols for a half-day 9 mediation to be scheduled as soon as possible. And then 10 Commissioner Oehler, or whoever the designee would be, would 11 report back to the Court with the recommendation. 12 JUDGE TINLEY: He was the one that was involved on 13 a day-to-day emergency -- quote, emergency aspect, unquote, 14 with that Ingram Dam -- 15 COMMISSIONER OEHLER: Pretty much. I was there a 16 lot. 17 JUDGE TINLEY: Where the issue was, yeah. Yeah. 18 MR. HENNEKE: Is that all right with you, Mr. Boyd? 19 MR. BOYD: I would like to clarify one thing, if I 20 may. 21 JUDGE TINLEY: Sure. 22 MR. BOYD: We really haven't negotiated down from 23 49 to 33. The 49 was put forth in the very beginning when I 24 was asked, "How much do you think this will cost?" And I 25 gave you $49,000, and then proposed an amendment for that 6-13-11 87 1 amount. When the work was actually done, we closed the books 2 on it, and it's 33, not 49. So, it's that 33, that actual 3 money spent, that we're going to -- asking the Court for. 4 COMMISSIONER OEHLER: Okay. 5 COMMISSIONER LETZ: Is -- is the difference over 6 the amended contract only, or is it -- does it go back to the 7 original contract as well? 8 MR. HENNEKE: Well, it's all one -- Commissioner, 9 it's one contract that had an amendment onto it. Original 10 contract was for the initial assessment and engineering and 11 -- and evaluation. That was a $12,000 contract. And then 12 the Court approved an amendment onto that that authorized the 13 full repair work. That was the first amendment, and that was 14 what was interrupted when this exigent circumstance in Ingram 15 was discovered. So, I guess it's all one contract, but this 16 is -- Phase 2 was the construction, and you can call Phase 3 17 this stuff that happened after the -- the void. 18 COMMISSIONER LETZ: So, there's no question on the 19 first part; it's behind us. 20 MR. BOYD: Yes. 21 COMMISSIONER LETZ: It's the second and third. 22 MR. HENNEKE: Second and third. 23 COMMISSIONER OEHLER: It is the second and third. 24 COMMISSIONER LETZ: Where the second ended and 25 where the third started? 6-13-11 88 1 COMMISSIONER OEHLER: That's correct. That's where 2 -- you hit the nail on the head. 3 MR. BOYD: There's a timeline associated with, if 4 you'll remember, that second phase of the construction 5 representation of six weeks. 6 JUDGE TINLEY: Mm-hmm. 7 MR. BOYD: Well, it just so happens that six weeks 8 is about the time that we discovered the bigger voids in 9 Ingram Dam, so we said this is a clear break. That is why 10 we're asking for this additional money, because it's not 11 exactly what we started out to do. We're now hunting much 12 larger holes. Contractor came forward and said, "This is not 13 what I bid on for." So, we talked to Mr. Oehler and we got 14 approval for the contractor to go ahead and cut holes in the 15 dam, square holes in the dam, massive voids under that, and 16 we closed those up with regular concrete grout, fine 17 concrete. Then we went on about the -- the business of -- 18 what that did was, Mr. Oehler lowered the lake for us, and 19 for that we're very grateful. 'Cause we'd still be out there 20 buried in the water. 21 COMMISSIONER OEHLER: You'd never have gotten it 22 filled up. 23 MR. BOYD: We'd have never gotten it filled up. 24 So, things -- things worked very well for everybody. And he 25 -- he brought the lake down, and immediately we did -- we 6-13-11 89 1 opened up those voids, found them to be very large, pumped 2 concrete into them. And along with that, we discovered that 3 across the entire width of the top of the dam on the upstream 4 side, which we were not grouting, there was an open gap that 5 was feeding all that water through Ingram, and that's why it 6 was in much worse condition than Flat Rock. And we -- we 7 basically wound up having to engineer solutions to fix that 8 joint. Changed the situation to where we're not pumping fine 9 cement; we were putting concrete in it, and I think we did a 10 really good job of getting that joint issue fixed. We fixed 11 it with a material that will expand and contract. It should 12 not open up again. That should be a done deal. We fixed the 13 area around the intake pipe up high, the discharge over on 14 the south side, with that same material. And we've used this 15 material before on other dams, and we feel about good about 16 it. It's cemented into the concrete. I mean, it has a -- a 17 flexible center section that will allow it to move and still 18 keep the water out of that joint. So -- 19 COMMISSIONER OEHLER: You know, I just think -- 20 it's really -- it's really not -- I don't think that we're 21 saying that, you know, this is totally out of line. It's 22 just there's some things I believe need to be clarified that 23 we haven't been able to sit down face-to-face and get the 24 clarification so that -- that he feels good about what -- 25 what they're going to be paid, and we feel good about what 6-13-11 90 1 we're paying. And there's no question that the work was done 2 right. No question whatsoever. 3 JUDGE TINLEY: What you're doing is, you're seeking 4 a motion to authorize the County to engage the mediation if 5 that's acceptable to the principals at Freese-Nichols, and 6 authorize you, for example, to act as our representative in 7 those negotiations. 8 COMMISSIONER OEHLER: Yes. 9 JUDGE TINLEY: In that mediation. 10 COMMISSIONER OEHLER: I believe so. 11 COMMISSIONER BALDWIN: Is there any way that we can 12 add in there, "not to exceed 'X' amount of dollars"? 13 JUDGE TINLEY: Any approval is going to have to 14 come back to the Court anyway. 15 COMMISSIONER BALDWIN: I see. 16 COMMISSIONER OEHLER: You're talking about for the 17 mediation cost? Or -- 18 COMMISSIONER BALDWIN: Yeah, mm-hmm. As part of 19 this motion that it's looking like to me is a three-prong 20 deal. Have to go to mediation, appoint Bruce, and what's it 21 going to cost? 22 JUDGE TINLEY: Mr. Henneke said $500 for a half 23 day. Actually, if we do it with the folks across the street, 24 it should be less than that, if they provide a mediator. 25 MR. HENNEKE: They charge $500 for a full day. 6-13-11 91 1 JUDGE TINLEY: Oh, do they? 2 MR. HENNEKE: It's $500 for a mediation, whether it 3 takes an hour or 10 hours. But if -- if I need -- I think I 4 can make -- I mean -- 5 JUDGE TINLEY: I don't see that as an issue, 6 really. 7 COMMISSIONER LETZ: So, not -- amount not to exceed 8 $500? 9 COMMISSIONER BALDWIN: That's what I would put in 10 there. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER BALDWIN: I move for approval of that. 13 COMMISSIONER LETZ: Second. 14 JUDGE TINLEY: We have a motion and second to 15 engage in -- submit the matter to mediation, assuming the 16 principals, Freese-Nichols, are amenable to it, with 17 Commissioner Oehler to act as the County's representative. 18 Mediation costs not to exceed $500 to Kerr County. Question 19 or discussion? All in favor, indicate by raising your right 20 hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion carries. 25 MR. BOYD: Thanks. I've been keeping Mr. Nichols 6-13-11 92 1 advised of these goings on, and I'll get back with him. 2 JUDGE TINLEY: What you may want to do -- 3 Commissioner Oehler indicated that there was some information 4 that he was looking for. Make sure that you're clear on what 5 he's looking for. That will probably facilitate things, if 6 he's not already made you aware of that. 7 MR. BOYD: Yeah. Just let me know what information 8 you need; I'll be glad to provide it. 9 COMMISSIONER OEHLER: Okay. 10 MR. BOYD: Thank you so much. 11 COMMISSIONER OEHLER: Thank you, Les. 12 MR. BOYD: Appreciate it. 13 JUDGE TINLEY: Let's go to Item 21, which is an 14 11 o'clock timed item. Consider, discuss, take appropriate 15 action to provide office space for State Food Protection 16 Management Coordinator of Texas AgriLife Extension. 17 Mr. Walston? 18 MR. WALSTON: Yes, sir. Judge, Commissioners, 19 appreciate y'all giving us the opportunity to visit with you. 20 I feel like we have an excellent opportunity to bring 21 resources to this part of Texas from the Nutrition and Food 22 Science Department from Texas A & M. I'm here on behalf of 23 Dr. Jenna Anding; she is the associate department head and 24 Extension program leader of the Nutrition and Food Science 25 Department, and she had contacted me about the possibility of 6-13-11 93 1 trying to find office space for Rebecca Dittmar. She's an 2 Extension associate for Food Protection Management. And 3 basically, that's all they're needing, is just -- just an 4 office space, as far as utilities. You know, if -- if that's 5 available, that would also, you know, be included. But any 6 other -- all salary, all benefits, materials, supplies, 7 everything will come out of College Station. And that's what 8 we're asking in our request. I'm going to turn it over to 9 Rebecca and let her fill you in on exactly what her job 10 entails. 11 MS. DITTMAR: Thank you. Thank y'all for having me 12 today. As Roy said, this opportunity arose for my husband 13 and I to possibly relocate back to the Hill Country. I've 14 been in my current position for five and a half years in 15 College Station. And I thoroughly enjoy my job, enjoy 16 Extension and its mission for the citizens of the state, so I 17 really wanted to try to find a way that, if at all possible, 18 I could continue to do my job from a remote location. And we 19 talked with Roy. As he had said, my boss, Dr. Jenna Anding, 20 was really on board with this, and from there we, you know, 21 needed to come to y'all. But my primary job responsibility 22 is, as Roy said, I'm the Program Extension Specialist. I 23 oversee kind of the food protection management program. 24 We offer two certification programs. One is called 25 the food handlers program, which is not required in Kerr 6-13-11 94 1 County, but we do offer a certified food managers program, 2 which is required for the food establishments in Kerr County. 3 It's required that each food establishment have one certified 4 food manager per 12 employees. And it's a state requirement 5 as well, so it is outside of Kerrville city limits as well. 6 Primarily, most of the programming statewide is done in the 7 west and north region, so I think having me out in this part 8 of the state will benefit not only Kerr County, but the 9 western part of the state and the northern part of the state 10 as well. We have a severe lack of representation in the 11 south, so I think I'm a little bit more accessible for some 12 of those counties to where maybe I can get out and start 13 offering some of these training programs to them as well. 14 So -- 15 COMMISSIONER OEHLER: Your primary function is to 16 train food managers? 17 MS. DITTMAR: Yes, sir. 18 COMMISSIONER OEHLER: Oversee a little bit of what 19 their operation -- 20 MS. DITTMAR: Yes, sir. My primary job, yes, 21 sir -- I'm sorry, I didn't do a very good job with that -- is 22 I oversee and help the Extension agents in all 254 counties. 23 I would say right now, there's probably 70 active agents that 24 actually go out and do this programming effort. So, I help 25 -- I'm the primary liaison between Texas Department of State 6-13-11 95 1 Health Services and AgriLife Extension. 2 COMMISSIONER OEHLER: Okay. 3 MS. DITTMAR: So I help maintain -- all of the 4 Extension agents have to have required training each year. I 5 identify opportunities, train agents in those areas, help out 6 with program implementation the best I can. Obviously, do 7 programming. Prior to moving here, I was doing programming 8 in Brazos County and as-needed wherever I could across the 9 state as Extension agents need it. We are -- like I said, we 10 are finding low representation in the south, so we're really 11 hoping to try to get down there and try to bring in some 12 clients there as well. 13 JUDGE TINLEY: In Brazos County, were you doing the 14 training of the Extension agents that -- 15 MS. DITTMAR: Yes, sir. Yes, sir. We do a 16 yearly -- sometimes twice a year, we'll bring in Extension 17 agents. Either Dr. Anding and myself will go out and do a 18 training at a specific location and bring Extension agents 19 in, and we do a three-day training that's a hands-on, 20 teaching them the curriculum, program management, things of 21 that nature, marketing, program evaluation. Or we will house 22 them in College Station, and we have one actually scheduled 23 the first week of August in College Station, so I will have 24 to go back for that. 25 JUDGE TINLEY: Potentially in the future, that 6-13-11 96 1 training could occur here locally? 2 MS. DITTMAR: Very much so, yes, sir. And 3 actually, my boss is a big fan of the Hill Country, so she 4 would not be opposed to that. She is -- she has made it 5 quite evident she'll be taking numerous trips, and a lot of 6 those will probably focus on the Freestone peach. 7 COMMISSIONER LETZ: Freestone peach. 8 COMMISSIONER BALDWIN: She better hurry. 9 MS. DITTMAR: Yes, sir. So, very much so. We -- 10 we have talked about that, and as I said, most of our 11 representation is in the west and north, so this would be a 12 more centralized location than having them commute all the 13 way to College Station. And, as I said, we have a need in 14 the south, so that is going to be my focus for this next 15 year, is try to meet with them on a regional basis and try to 16 bring in some Extension agents to become interested in 17 offering these programs, so they will ultimately have to be 18 trained. 19 JUDGE TINLEY: When Roy first brought this issue to 20 me, I asked him if we had space. When we reconfigured the 21 Treasurer's office down the hall because of A.D.A. issues, 22 that was one of the reasons. The Treasurer's space and those 23 affiliated offices there, several of them became vacant, and 24 Roy and I looked at -- actually, we didn't -- didn't actually 25 look into them, 'cause we didn't have the keys, but those are 6-13-11 97 1 what we have. My thinking was maybe the -- the office that 2 the constable used to have would be one, and the other one 3 would be the one next door to the historical folks, which 4 I -- 5 MS. HARGIS: That's my storage unit. That's where 6 we have our storage. 7 JUDGE TINLEY: Your storage? 8 MS. HARGIS: Mm-hmm. 9 JUDGE TINLEY: In the big one next to the -- 10 MS. HARGIS: In the historic -- next to the 11 historical group is ours. 12 JUDGE TINLEY: Okay. Okay. Tim? 13 MR. BOLLIER: Judge, Friday we went down and looked 14 at the office which Ms. Mindy, our Treasurer, had. 15 JUDGE TINLEY: Okay. That's the one with the 16 windows right here. 17 MR. BOLLIER: Yes, sir. Yes, sir. Now, you had 18 the old constable office, then the one on the left, and then 19 where Beth's at, and that's the office that we was looking at 20 for -- 21 JUDGE TINLEY: Okay. It's not being utilized for 22 anything? 23 MR. BOLLIER: No, sir, there's nothing in there. 24 The one that she's talking about. I think every -- every 25 other office down there is somebody's storage. 6-13-11 98 1 MS. WILLIAMS: The old constable's office is what 2 we're using for temporary storage right now of some of our 3 records. 4 JUDGE TINLEY: Okay. Well, like I say, I didn't 5 have the opportunity to look into them. They only give me 6 certain keys, you know. 7 COMMISSIONER BALDWIN: I'm shocked about that, 8 that they give him any. (Laughter.) The -- so that's an 9 excellent place down there. I love that little office. 10 That's a great office. 11 MS. DITTMAR: I liked it, too. 12 COMMISSIONER BALDWIN: Directly under us. 13 MS. DITTMAR: Yes, sir. I came in early on Friday 14 to try to take a peek so I could make sure, you know, what we 15 would need to have. 16 COMMISSIONER BALDWIN: You need office space, 17 electricity -- 18 MS. DITTMAR: Internet. 19 COMMISSIONER BALDWIN: What about your computer and 20 all? 21 MS. DITTMAR: I can bring all that from College 22 Station. Yes, sir, I've got -- 23 MR. BOLLIER: All that's down there. 24 MS. DITTMAR: All that's provided. I will just 25 load it up. 6-13-11 99 1 COMMISSIONER BALDWIN: All the wiring and 2 everything's ready to go? 3 MR. BOLLIER: Yes, sir. 4 COMMISSIONER OVERBY: That's good. 5 COMMISSIONER BALDWIN: I don't have a problem with 6 it at all. 7 JUDGE TINLEY: Is that a motion? 8 MR. WALSTON: Judge, as far the phone access, I 9 guess we need to include phone in there. I don't know, as 10 far as bill-wise -- we can submit the bill to Rebecca, and 11 she can send it to College Station, if that's how -- however 12 it works. 13 JUDGE TINLEY: However the mechanics work on it. 14 COMMISSIONER BALDWIN: So moved. 15 COMMISSIONER OVERBY: I'll second his motion. 16 JUDGE TINLEY: We have a motion and a second to 17 permit the -- 18 COMMISSIONER LETZ: State Food Protection 19 Management Coordinator. 20 JUDGE TINLEY: Yeah, State Food Protection 21 Management Coordinator of Texas AgriLife Extension to occupy 22 the Treasurer's old office downstairs in the lower level. 23 Further question or discussion? All in favor, indicate by 24 raising your right hand. 25 (The motion carried by unanimous vote.) 6-13-11 100 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: Motion carries. Thank you, ma'am. 4 MS. DITTMAR: Thank you very much. Thank you. 5 COMMISSIONER LETZ: Thank you. 6 JUDGE TINLEY: Okay. Let's see if we can get back 7 in sync here, back to Item 15; consider/discuss pending or 8 proposed interlocal agreements with the City of Kerrville for 9 various services and/or operations, take any appropriate 10 action thereon. 11 COMMISSIONER LETZ: Judge, we just got them. They 12 haven't approved them. 13 JUDGE TINLEY: Yeah. We -- 14 COMMISSIONER LETZ: We don't need to do anything 15 yet. 16 JUDGE TINLEY: I have a number of issues. I've 17 reviewed some of them over the weekend. 18 COMMISSIONER OVERBY: Just got them Friday. 19 JUDGE TINLEY: And it's kind of difficult, since 20 they're not red-lined, so to speak, but there's an errata 21 sheet that you got to read in connection with the existing 22 agreement. But I don't think I'm in a position -- I 23 indicated to the City Manager that the potential issues that 24 I saw -- that I personally saw, not to be exclusive, 25 necessarily, but as to the fire and EMS being included in one 6-13-11 101 1 agreement, that may be an issue. That may possibly be 2 resolved by us having the right to terminate as to either one 3 or both, depending upon an ESD for that particular function, 4 either one or the other or both, on reasonable notice. 5 With regard to the airport agreement, I mentioned 6 that I did not want to place in an agreement between the City 7 and the County anything that involved the Airport Board's 8 functioning or operation that would dictate to them how they 9 operate, or tie their hands how they operate; that that's a 10 matter that's internal to the Airport Board from my way of 11 thinking. The response I got was that there may be some 12 things occurring there that are not totally within their 13 authorization under Chapter 22 of the Transportation Code. 14 And I said, well, I've got no problem, you know, that we both 15 agree that they should be operating legally within the 16 authority granted to them under Chapter 22, but I don't want 17 to get into specifics as to them. But I did mention those -- 18 those things. There may be others. But that's what I told 19 him I saw the issues as -- as being from my standpoint. I 20 don't know whether the County Attorney's had an opportunity 21 to review them at this point. I know they came in fairly 22 late Friday, as I recall. 23 COMMISSIONER BALDWIN: Have they -- they haven't 24 approved this? 25 COMMISSIONER LETZ: Hmm-mm. 6-13-11 102 1 JUDGE TINLEY: No. Oh, no. 2 COMMISSIONER BALDWIN: Oh, I see. Okay. 3 JUDGE TINLEY: No, these are just drafts there 4 which have been prepared by Mike Hayes and sent over by the 5 City Manager. 6 COMMISSIONER BALDWIN: Okay. 7 COMMISSIONER LETZ: Judge -- 8 COMMISSIONER OEHLER: Go ahead. 9 COMMISSIONER LETZ: My question was, you know, if 10 you -- I just recall the City Manager -- I hope they don't 11 approve them, because that just makes everything all -- 12 rather confusing. Maybe they can approve the drafts, but if 13 they start approving documents, it just makes it more 14 confusing for us to try to make some changes to them. I 15 glanced through them, sort of; haven't looked at them in 16 detail, but I was -- the thing that jumped out at me was that 17 I was concerned -- I'm looking at the County Attorney -- that 18 they refer to the existing agreements, and those existing 19 agreements are horrible. They're just -- they're outdated. 20 They don't make sense in many areas. So, I don't -- you 21 know, I hope that we're not tying anything to those old 22 agreements that, you know, don't make sense moving forward, 23 in my mind, on virtually all the services. So I think that, 24 you know, we need to make -- you know, we're starting over on 25 all these, and the form of the agreements we really need to 6-13-11 103 1 look at carefully, and I don't want to try to cut and paste 2 from those old agreements. I think we need to look at them 3 and start fresh on these, because I'm thinking on the -- on 4 our fire or EMS, that was an old agreement; didn't make a 5 whole lot of sense when you look at what was being done was 6 not at all what Chief Ojeda said the current protocol is. 7 Therefore, why have it tied to an old agreement that isn't 8 what the City wants to do, or is doing? So, things like 9 that, to me, were confusing. 10 JUDGE TINLEY: My understanding, Commissioner, 11 the -- the agreements which they sent that had some 12 strikeouts and some annotations that referred you to the 13 errata sheet would be modified to include the strikeouts that 14 they're showing, but to include that which is on the errata 15 sheet that had to be copied back into the agreement. So, 16 if -- if the ones they're working from are the old 17 agreements, apparently that's what they're working from. If 18 not, they're not. 19 COMMISSIONER LETZ: Maybe the County Attorney can 20 have more -- in his visits with the City Attorney, and figure 21 out, you know, to try to -- you know, I'd hate for us to get 22 bogged down in details when we have a conceptual agreement as 23 to where we're supposed to be going. 24 COMMISSIONER OEHLER: One of the things that I saw 25 in there, and you correct me if I'm wrong, is that they 6-13-11 104 1 wanted the full payment by February 1st -- on or before 2 February 1st, and not in monthly installments that go through 3 the whole year. And did you get that out of it? 4 JUDGE TINLEY: Oh, yeah. That was a pretty common 5 thread through them, which is different from how we've been 6 handling the funding aspects. 7 COMMISSIONER OEHLER: So they would get the full 8 amount of money and still have eight months left in the 9 budget year. 10 JUDGE TINLEY: Sounds right. 11 COMMISSIONER OEHLER: So, you know, that's one 12 thing that really stood out with me. Plus, in the fire 13 protection deal, it still showed one -- one brush truck and 14 three crew members, and that was if they felt like that there 15 was a need to respond. And EMS was like, "Oh, well, if we 16 can, we will, but if we can't, we won't." There's no -- no 17 firm statement that they will respond. Those kind of -- 18 those things I read, I spent quite a bit of time, you know, 19 in my feeble mind, reading through that on Saturday morning, 20 and I was shocked to see some of the indemnifications and the 21 hold harmless and, you know, control factor in all of that 22 stuff. I don't believe it's what we expect when we're having 23 an agreement or contract that we have to pay for. 24 COMMISSIONER LETZ: Well, I think it goes back to 25 -- on the fire one, this is -- you know, the concern I have 6-13-11 105 1 is that the -- in one of the meetings the Judge and I had 2 with the mayor and City Manager, Councilman Motheral may or 3 may not have been at the meeting; I don't remember, but we 4 talked about reducing the level of service on the fire. And 5 the response we got back at the next meeting was they could 6 not do that. Their level of service had to be the same as 7 the city of Kerrville gets, essentially. And -- but they're 8 -- now they're changing it in the agreement. 9 COMMISSIONER OEHLER: Didn't say that at all in the 10 documents I read. 11 COMMISSIONER LETZ: That's my concern. You know, 12 it's kind of -- and I see the Judge nodding, so his 13 recollection of that conversation is the same as mine. So, 14 we need to be real -- that's why I don't like going off those 15 old agreements. I think we really need to start over on new 16 agreements that don't talk about a certain number of trucks 17 here, a certain number there. It's protocol that the Chief 18 has outlined publicly to the County; that's what needs to be 19 in the agreement. But, anyway -- 20 JUDGE TINLEY: Good luck with your conversations 21 with Mr. Hayes. 22 MR. HENNEKE: Well, I can say I've looked at the 23 agreements. I think I've had the same opportunity to review 24 as you gentlemen have. The airport draft is the draft 25 that -- it's the current agreement with the revisions that I 6-13-11 106 1 proposed to the Court, which the Court sent over to the City, 2 and then you have Mr. Hayes' revisions, that errata sheet on 3 top of that. So, that agreement is how that one comes out. 4 The Animal Control agreement, even though they've put it in 5 their font, looks like the agreement that I drafted. The 6 library agreement -- with most of -- most of what I had in 7 it. The library agreement, the City drafted. We've never 8 seen that one before. We've never had a draft on that. The 9 fire and EMS is a -- I guess the best way to describe it is a 10 -- I mean, we've never had both combined into one. And 11 they've brought -- carried through some of the old language 12 from the fire agreement, which was just a three-quarter page 13 part, and kind of lumped the two and wrote a new joint 14 agreement. I've asked Mr. Hayes for copies of these 15 agreements in Microsoft Word so that we can edit and compare 16 the language. That'll be helpful. I'm waiting on receiving 17 that, but -- and I will certainly review them thoroughly and 18 provide the Court with my thoughts and comments and issues on 19 that. And I do agree with you; I did spot on the fire/EMS 20 deal the old language about one brush truck and three people, 21 which it's not functional, not what the current situation is, 22 and -- and I agree that it doesn't make any sense. So, we'll 23 have to -- 24 COMMISSIONER OEHLER: Certainly not at $500,000 a 25 year. 6-13-11 107 1 COMMISSIONER LETZ: I think it would be -- I mean, 2 the sooner we can get it to a single agreement without 3 scratch-outs, the simpler it would be for me to understand 4 the new agreements. I mean, I know we have what's taken out 5 and what's not in there. You know, I think it's just -- it's 6 hard to redo agreements sometimes that way. To me, it's 7 easier just to come up with a new agreement. It seems like 8 fire and EMS are the ones where they did most of the cutting 9 pasting it. You know, we use need to make sure we have that 10 agreement figured out so we're all clear, them as well as us. 11 MR. HENNEKE: And I guess then it's -- I think 12 you're looking at me for something on this? 13 COMMISSIONER LETZ: No. 14 MR. HENNEKE: Okay. 15 JUDGE TINLEY: Okay. We wrung that one out? 16 COMMISSIONER LETZ: I'm just angled that way right 17 now. I was really looking at Bonnie. 18 COMMISSIONER OEHLER: Let Bonnie write the 19 agreement. 20 JUDGE TINLEY: You may want to think about that. 21 COMMISSIONER OEHLER: Well, you know, it's an 22 option. 23 JUDGE TINLEY: Okay. We wrung that one out, 24 gentlemen? 25 COMMISSIONER OVERBY: Yes. 6-13-11 108 1 JUDGE TINLEY: Let's go to 16; consider, discuss, 2 take appropriate action to expand the authority of the War 3 Memorial Committee to consider prospective individuals to be 4 included on the war memorial, and recommendations to the 5 Court for consideration and approval of any such individuals. 6 I put this on the agenda. Our situation on the war memorial 7 is we've got the new panels; they've been quarried, they've 8 been cut, and they're sitting in Georgia, but they want to do 9 the -- they want to put all the lettering on there where they 10 can do a better job and so forth. Which means they got to be 11 provided with the additional names to be placed on there at 12 this time. The -- the War Memorial Committee, at this point, 13 their charge is simply to make a recommendation as to the 14 criteria to include folks. We got some good folks on there 15 that are cognizant of the Kerr County history and are solid 16 in the community, and because of the mechanics that we've got 17 involved, I'm asking that they be allowed to consider, from 18 whatever source, individuals who would appropriately be 19 placed on there, and to bring those back together with the 20 criteria recommendations for the Court to approve, so that we 21 can keep this thing moving. Otherwise, it's kind of like the 22 chicken and the egg that we got going on there. 23 COMMISSIONER LETZ: I -- I don't know. I don't 24 have a problem with that, Judge, but I think there needs to 25 be a way to get the criteria publicized, hopefully by the 6-13-11 109 1 papers. Because there's a -- I mean, whenever we have a 2 committee, there are groups, even in the paper -- like I'm 3 just thinking of the Kiehl boy. Kind of -- I'm not sure if 4 that would fit the criteria or not. But people kind of on 5 the periphery, like the Houghton boy living in Falling 6 Waters, kind of in Fredericksburg. There's lots of different 7 ones. And whatever the criteria is, how does the public 8 become aware if they -- you know, if there's a name that's 9 left off? There's a lot of people in the community that may 10 know names that need to be explored a little bit further. 11 And I just want -- boy, I sure don't want to leave somebody 12 off inadvertently. I mean, we've got to figure out a way to 13 publicize what the criteria is. 14 JUDGE TINLEY: The committee is already hearing 15 about specific individuals. They're -- they're getting quite 16 a bit of that. I would -- I would hope that their work would 17 be kind of two phases. Number one, initially bring to us the 18 criteria, and my concept is for them to remain involved when 19 additional individuals in the future, should that occur, -- 20 and unfortunately, it probably will -- need to be considered, 21 to have them vetted through the committee for recommendation 22 to the Court also. So, I'm looking long-term also. 23 COMMISSIONER LETZ: Are you -- is the criteria 24 going to be relatively black and white? I mean, or is it 25 going to be -- and it's such a tough area, because you have 6-13-11 110 1 people that are born here, that don't -- never lived here. 2 Or you got people that happen to be born who-knows-where, but 3 their family's from here from always. You know, I mean, boy, 4 I mean, this is -- and this has always been a really 5 difficult, you know -- 6 COMMISSIONER BALDWIN: That's why I see the 7 fairness in what we used to do, that you felt like that we 8 did it too quickly, and that was -- I can't remember the -- 9 JUDGE TINLEY: Home of record? 10 COMMISSIONER BALDWIN: Home of record. See, I 11 always felt like that that was really the fair way to do 12 that. 13 COMMISSIONER LETZ: Black and white way to do it. 14 COMMISSIONER BALDWIN: It's a black and white. 15 It's clear. Now, if not, it seems to me like you're going to 16 get off into yet a third cousin of a second cousin that drove 17 down Interstate 10 one time. You know, I mean, I don't know 18 how you get there, other than get specific, home of record. 19 JUDGE TINLEY: Well, whatever recommendation they 20 make as to criteria will have to come back to the Court. 21 COMMISSIONER BALDWIN: I understand, but I don't 22 want to -- the big old boy that puts on these functions out 23 here, that has a voice you can -- he doesn't need a P.A. 24 system. 25 JUDGE TINLEY: Yeah. 6-13-11 111 1 COMMISSIONER BALDWIN: I don't want him standing 2 here and arguing with me. I don't want to be here arguing 3 with him standing there. That guy scares me, man. So, let 4 me ask you something, though. Is that -- is that old way, is 5 that completely off the table? Or is it -- are they still 6 considering it as a possible way to do it? 7 JUDGE TINLEY: I -- I can imagine it might be one 8 of the facets, but the honest answer is, I don't know. Let 9 me give you an example. The young marine, Jacob Leicht. 10 COMMISSIONER BALDWIN: Mm-hmm. 11 JUDGE TINLEY: Family was from here. We had a 12 pretty strong outpouring of support from this community, 13 obviously. We now have an AMVETS chapter locally, with 14 pretty significant representation, that bears his name. If 15 you look solely at home of record, he's not qualified, 16 doesn't meet the criteria. The indication I'm getting is 17 that there's probably going to be some sort of gray area, 18 some discretionary -- some wiggle room, as it were. But I 19 think the appropriate place for that to really be thoroughly 20 considered and vetted is in that committee, as opposed to the 21 members of this Court. Now, if we feel like the committee's 22 gone too far on anything, we'll have the ability to approve 23 or disapprove. But -- 24 COMMISSIONER BALDWIN: Tell me what connection the 25 young man did have to Kerr County. Born and raised here? 6-13-11 112 1 Or -- 2 JUDGE TINLEY: Family was here. 3 COMMISSIONER LETZ: Went to Tivy, didn't he? I 4 believe. 5 COMMISSIONER BALDWIN: I really don't know. 6 JUDGE TINLEY: I'm not certain of all of them, but 7 I do know under the home of record, he wouldn't be eligible. 8 COMMISSIONER BALDWIN: Well, yeah. And? I mean, 9 there's a lot of people. But the thing is, you know, if you 10 -- if you get too far -- too far away from people that really 11 have roots or some kind of root in Kerr County, then you -- 12 you offend the Sidney Baker family, the Earl Garrett family. 13 And, believe me, that is true; I'm not just making that up. 14 'Cause there's still a lot of those folks around, and they 15 look at it as a -- as their loved one and family member that 16 was born and raised here, and they -- family has given 17 generations of their lives to the county. They look at that 18 as a personal hometown issue. You know what I'm saying? As 19 opposed to -- so if you just -- somebody that kind of passed 20 through or is not -- not that connected, it kind of offends 21 them in a way. 22 COMMISSIONER LETZ: You know, I mean, I agree with 23 you, Commissioner Baldwin, but I also think I just want it to 24 be a black and white; I don't want it to be too subjective. 25 You know, I would rather err on having more names than less 6-13-11 113 1 names, probably. Because if a person had a connection to 2 Kerr County, and whether they actually lived here -- I mean, 3 if the kid -- for example, say a young man or woman was 4 enrolled at Schreiner and decided to go in the military. 5 They used their Kerrville address as their home of record, 6 you know. That person, to me, has -- should -- their name 7 should be on the plaque. I mean, it's a person that has -- 8 we live in a much more transient society than we used to, and 9 that makes it much more difficult to figure out the criteria. 10 You wind up with some people that are a little bit more 11 questionable, whether they should be on it than otherwise, 12 but at the same time, you know -- and I understand you may 13 offend some of the older families whose names are on there, 14 like the Earl Garrett family. But at the same time, these 15 other predominantly young people did give their lives for our 16 country, and they should be recognized. 17 COMMISSIONER OEHLER: It's later in time, a 18 different war and different situations. And, I mean, the 19 ones that are on there now will be there forever. 20 JUDGE TINLEY: Oh, yeah. 21 COMMISSIONER OEHLER: There won't be any added out 22 of World War I or World War II, I don't believe. 23 COMMISSIONER LETZ: Yeah. I just want -- I hope 24 the criteria comes back as one that is a -- you know, home of 25 record, and if you're not home of record, if you're two out 6-13-11 114 1 of three of A, B, C. You know, something like that, 2 something that is quantifiable as much as it can be, and not 3 a subjective thing. I just don't want it to be subjective, 4 that there's a committee or this Court or someone else 5 saying, "Well, we like this person, so we're going to put 6 this name up there." It's got to be -- 7 JUDGE TINLEY: No, that's not -- 8 COMMISSIONER LETZ: -- real criteria. Okay. 9 Anyway, I look forward to -- 10 COMMISSIONER BALDWIN: What would you like for us 11 to do? 12 JUDGE TINLEY: I'm asking -- 13 COMMISSIONER BALDWIN: We're faithful followers of 14 you. 15 JUDGE TINLEY: Okay. To expand the charge to the 16 War Memorial Committee; in addition to determining the 17 criteria, to make recommendations as to individuals. 18 COMMISSIONER BALDWIN: So, when an individual -- in 19 other words, make a recommendation to this Court? 20 JUDGE TINLEY: Mm-hmm, yeah. 21 COMMISSIONER BALDWIN: God, that just gives me a 22 sense of power. Doesn't it you? I move we approve. 23 COMMISSIONER OEHLER: Second. 24 COMMISSIONER LETZ: Second -- third. 25 JUDGE TINLEY: We have a motion and second for 6-13-11 115 1 approval of the agenda item. Question or discussion? All in 2 favor, 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. 7 COMMISSIONER LETZ: Should have had the committee 8 here for all of that. 9 JUDGE TINLEY: Yeah. Let's go to 17; consider, 10 discuss, take appropriate action to authorize Animal Control 11 employees to receive rabies pre-exposure vaccine, and provide 12 for payment of same. Is Ms. Whitt -- 13 COMMISSIONER OEHLER: She asked me to take care of 14 it. She had a lot of things today that she needed to take 15 care of, that she -- and also, she had a close encounter with 16 a skunk this morning. 17 COMMISSIONER LETZ: She had an odor this morning. 18 (Laughter.) 19 COMMISSIONER OEHLER: So she didn't feel like it 20 was necessary that -- if could I take care of this for her, 21 that she be present. This money, from what I understand, was 22 -- was located in the H.R. budget for the -- 23 JUDGE TINLEY: That's what I'm to understand. 24 COMMISSIONER OEHLER: -- pre-exposure vaccinations 25 for the Animal Control people. And -- 6-13-11 116 1 MS. HARGIS: No, it wasn't. 2 COMMISSIONER BALDWIN: Are you going to give the 3 shots? 4 MS. HARGIS: No. No, it's -- 5 COMMISSIONER OEHLER: Are you going to say there's 6 not money there for this? 7 MS. HARGIS: No. 8 COMMISSIONER OEHLER: Okay. Be careful. 9 MS. HARGIS: No, sir. What I am going to say is 10 that we set up a vaccination line item in 409 for 11 vaccinations last year, not in the H.R. budget. It was never 12 in the H.R. budget; it was in 409, which is the general 13 budget. 14 JUDGE TINLEY: Nondepartmental? 15 MS. HARGIS: Nondepartmental budget. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER OEHLER: So -- 18 MS. HARGIS: We give -- and the shots that we were 19 to do were flu and hepatitis, and we have some remaining 20 funds in that line item. But there was -- this specific 21 thing was not spelled out in the budget, per se. 22 JUDGE TINLEY: How much money have we got left in 23 there? 24 MS. HARGIS: We have $12,000 left in that line 25 item. 6-13-11 117 1 JUDGE TINLEY: That's enough. 2 COMMISSIONER BALDWIN: That will do it. This needs 3 to be done. 4 COMMISSIONER OEHLER: It should have already been 5 done a long time ago, and if we do this again for next year's 6 budget, we need to make sure those funds are allocated within 7 the Animal Control budget. 8 JUDGE TINLEY: Is that something that they receive 9 annually? 10 COMMISSIONER OEHLER: I believe so. And I don't 11 know -- you know, this year being a high rabies outbreak year 12 makes it even more important that this get done. And sorry 13 to say that it's taken this long to get it approved. I move 14 approval -- 15 COMMISSIONER OVERBY: I'll second that. 16 COMMISSIONER OEHLER: -- of the agenda item. 17 JUDGE TINLEY: We have a motion and second for 18 approval of the agenda item, with funding to come from the 19 inoculations, vaccinations -- 20 MS. HARGIS: Nondepartmental. 21 JUDGE TINLEY: -- in nondepartmental. Further 22 question or discussion? All in favor, signify by raising 23 your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 6-13-11 118 1 (No response.) 2 JUDGE TINLEY: Motion carries. Item 19 is to 3 consider, discuss, take appropriate action to authorize 4 purchase of an air conditioning/heating unit or expansion of 5 existing HVAC unit to provide climate control for a portion 6 of Ingram Annex that currently has no existing climate 7 control. This issue arose through moving into the new 8 building and the back part of it, which -- which has to be -- 9 I think they got to put in a courtroom and a jury room -- 10 COMMISSIONER OEHLER: That's correct. 11 JUDGE TINLEY: -- back there, and that's what we 12 need to get climate control to. And we don't know whether 13 that's going to take a new unit or enlarging the existing 14 unit, reducting. Maybe it takes a bigger unit. Who knows? 15 But we need to look at the options to make a good decision. 16 COMMISSIONER OEHLER: I was just -- I put this on 17 the agenda just so that we could talk about it, and the Court 18 be aware of it and give Tim the authority to go and look at 19 the best option to do that. Because that unit will not need 20 to run full-time. That area is not used full-time for a 21 courtroom and all. They just use it -- we use on it court 22 days, and there's already a space that just needs to have a 23 short wall and a door put in it for a jury room. And, you 24 know, just trying to spend the least amount of money possible 25 until we figure out whether this is going become a permanent 6-13-11 119 1 space or whether it's going to be temporary. So, whatever we 2 do, I would suggest that it be something that can be taken 3 out and taken with us if we don't make it permanent. 4 JUDGE TINLEY: Yeah. 5 COMMISSIONER OEHLER: So, I was just -- I just 6 wanted the Court to be aware of it and make sure it was okay 7 to do that before moving forward. 8 COMMISSIONER LETZ: I mean, I don't -- I think we 9 need to find out what it's going to cost first. 10 JUDGE TINLEY: Yeah. 11 COMMISSIONER OEHLER: I just -- no, I agree. 12 That's why I wanted Tim to -- to look into it. But I wanted 13 everybody on the Court to be aware of what was going forward 14 so that, you know, somebody didn't get accused of making 15 decisions without -- 16 JUDGE TINLEY: He knows what he needs to do. 17 COMMISSIONER OEHLER: That's right. 18 COMMISSIONER OVERBY: Yeah. 19 JUDGE TINLEY: Once you sort it out, have a 20 recommendation and bring it back. 21 MR. BOLLIER: Yes, sir. 22 JUDGE TINLEY: Okay? 23 MR. BOLLIER: Yes, sir. 24 JUDGE TINLEY: Let's go to Item 20; consider, 25 discuss, take appropriate action to authorize a letter of 6-13-11 120 1 support for the Elm Pass Volunteer Fire Department grant 2 application to L.C.R.A. Commissioner Overby. 3 COMMISSIONER OVERBY: Judge, last month, of course, 4 I attended the Elm Pass Volunteer Fire Department's monthly 5 meeting. Of course, they are in plans right now to make an 6 L.C.R.A. request for a grant application for the second round 7 of funding for the '011 year. Their grant request is to 8 upgrade the necessary communications equipment. That will 9 help equip all the firefighters with hand-held radios and 10 additional compliance that meets the new Texas and F.C.C. 11 requirements. This application would be part of the request 12 going in to L.C.R.A., and they've requested this letter of 13 support to go in with their application. 14 COMMISSIONER LETZ: Move approval. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion made and seconded. 17 COMMISSIONER BALDWIN: I'm sorry. 18 COMMISSIONER OVERBY: You're fine. 19 JUDGE TINLEY: Question or discussion? All in 20 favor of the motion, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 COMMISSIONER OVERBY: Thank you. 23 JUDGE TINLEY: Did you vote, Buster? 24 COMMISSIONER BALDWIN: I will, yeah. 25 JUDGE TINLEY: Okay. 6-13-11 121 1 COMMISSIONER BALDWIN: I will. 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries. We've got some 5 executive session items. Actually, Item 24 could probably be 6 done in open, just declaring surplus. And the other aspect 7 of it can be handled in the other item. Wouldn't you agree, 8 Commissioner? 9 COMMISSIONER OEHLER: I believe so. 10 JUDGE TINLEY: Let's go ahead and call Item 24; to 11 consider, discuss, and take appropriate action to declare 12 property owned by Kerr County in Ingram as surplus and 13 authorize sale of such property by sealed bid. Declaration 14 of surplus. That's property is what, six lots? 15 COMMISSIONER OEHLER: It's six lots located on 16 Ingram Loop, not Old Ingram Loop. It was once used for the 17 county Precinct 4 maintenance yard. 18 MR. HENNEKE: I think -- gentlemen, I think Item 19 Number 25 is also related to the same property, and there 20 probably needs to be a short Commissioners Court -- or short 21 executive session meeting before action is taken. 22 JUDGE TINLEY: On declaring surplus? 23 MR. HENNEKE: On -- I guess you can declare it 24 surplus. Before it's put up for sale, there probably needs 25 to be an executive session. 6-13-11 122 1 JUDGE TINLEY: Yeah. I was just going with the 2 declaration of surplus right now. 3 MR. HENNEKE: Okay. 4 COMMISSIONER OEHLER: Rob, clarify for me -- it's 5 Lots 6, 7, 8, 9, -- 6 MR. HENNEKE: And 10. 7 COMMISSIONER OEHLER: -- and 10. 8 COMMISSIONER LETZ: Not 5? 9 COMMISSIONER OEHLER: Okay, yeah. Okay. I don't 10 have that other sheet. Yeah, Lots 5 through 10 in -- 11 COMMISSIONER OVERBY: Block One. 12 COMMISSIONER OEHLER: I can't even see. 13 JUDGE TINLEY: Block One of the Ingram Loop 14 Subdivision. 15 COMMISSIONER OEHLER: Block One of the Ingram Loop 16 Subdivision. I move that we declare that property to be 17 surplus, and that we authorize -- put it up for bid -- for 18 sale, sealed bid. 19 COMMISSIONER LETZ: I thought we just want to do 20 the surplus. 21 COMMISSIONER OEHLER: Okay, take the rest of it 22 out. Just declare it surplus. You've got me all flustered. 23 JUDGE TINLEY: I have a motion. Do I hear a 24 second? 25 COMMISSIONER LETZ: Second. 6-13-11 123 1 JUDGE TINLEY: I have a motion and second to 2 declare the indicated property surplus. Further question or 3 discussion? All in favor of the motion, signify by raising 4 your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Motion does carry. The other items 9 that are remaining are going to require executive session, 10 Mr. Henneke? 11 MR. HENNEKE: Yes, sir. 12 JUDGE TINLEY: Okay. Let's go to Section 4 of the 13 agenda. 14 COMMISSIONER LETZ: Move we pay the bills. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion made and seconded to pay the 17 bills. Question or discussion? All in favor of the motion, 18 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 carries. Any budget 23 amendments? 24 MS. HARGIS: No. 25 JUDGE TINLEY: We have a late bill. 6-13-11 124 1 MS. HARGIS: I have one more. 2 COMMISSIONER LETZ: Two late bills today. 3 JUDGE TINLEY: We have two late bills. 4 COMMISSIONER BALDWIN: I hate to be the dummy all 5 the time, but what in the world is this? 6 MS. HARGIS: The late bill that you just were 7 handed? I've not been here, so I'm going to -- I believe 8 it's -- I don't know if it's one hitch on one of the trucks 9 that we bought back in September of last year. Install hitch 10 and brake on one of the -- 11 COMMISSIONER BALDWIN: Install hitch and brake, 12 okay. 13 MS. HARGIS: I think -- I do not have a copy of 14 that bill. I have everything else. 15 COMMISSIONER OEHLER: A hitch and a brake. 16 COMMISSIONER BALDWIN: For a trailer? 17 COMMISSIONER LETZ: For a trailer. 18 MS. HARGIS: Trailer. Those were plain trucks 19 that -- they came in very plain. We do have budget 20 amendments, Judge. I spoke too soon. 21 COMMISSIONER BALDWIN: What, now? 22 COMMISSIONER OVERBY: When was this -- this last 23 one, when was the hitch and brake put on? Recently? Or 24 several months ago? 25 MS. HARGIS: No, it was just put on recently. 6-13-11 125 1 COMMISSIONER OVERBY: Okay. 2 JUDGE TINLEY: And the other is for the material on 3 the 60-by-90, approximately -- 4 MS. HARGIS: This is on the material. 5 JUDGE TINLEY: -- canopy for Road and Bridge for 6 their storage? 7 MS. HARGIS: Yes, and they're taking that money out 8 of another one of their line items to cover that. There's a 9 budget amendment for that. So, I spoke too soon; there are 10 budget amendments. There are three. 11 COMMISSIONER LETZ: Move approval of the late 12 bills. 13 COMMISSIONER OVERBY: I'll second that. 14 JUDGE TINLEY: I have a motion and a second to 15 approve the two late bills, one being Kerr County Truck and 16 Trailer in the amount of $456, the other to Icon Buildings in 17 the amount of $23,702.17. Question or discussion? All in 18 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: Motion carries. I'm told we do have 23 budget amendments. Can we look? 24 MS. HARGIS: Oh. 25 JUDGE TINLEY: Can we look? 6-13-11 126 1 COMMISSIONER BALDWIN: Do we get to see? 2 MS. HARGIS: I thought you already had them. 3 JUDGE TINLEY: I haven't seen budget amendments 4 yet. 5 MS. HARGIS: Sorry, I apologize for that. I will 6 get copies to all of you. She apparently didn't make 7 individual copies. 8 JUDGE TINLEY: Okay. 9 MS. HARGIS: She usually puts them in your boxes 10 the Friday before. 11 JUDGE TINLEY: Looks like we have -- 12 MS. HARGIS: Road and Bridge is moving some money 13 to take care of theirs. 14 JUDGE TINLEY: Juvenile Detention is moving some 15 money. 16 MS. HARGIS: For -- 17 JUDGE TINLEY: Those are within -- Road and Bridge, 18 within its own budget; Juvenile Detention, within its own 19 budget. 20 MS. HARGIS: All of those are within their own 21 budgets. They're just moving -- they're basically line item 22 movements, moving from one line item to the other. 23 COMMISSIONER BALDWIN: What -- let's see. 24 COMMISSIONER LETZ: He's holding them. 25 COMMISSIONER BALDWIN: What's the juvenile facility 6-13-11 127 1 going to do about food from this point on? 2 MS. HARGIS: They apparently have a surplus of 3 food. We checked that out to make sure they were -- would be 4 okay on that. 5 COMMISSIONER BALDWIN: Don't run off. Wait a 6 minute. So, they are taking money out of capital outlay? 7 MS. HARGIS: No, they're taking money out of food, 8 and putting -- 9 COMMISSIONER BALDWIN: And putting it in capital 10 outlay? 11 MS. HARGIS: That's correct. 12 JUDGE TINLEY: That's for the purchase of that van 13 or something? 14 MS. HARGIS: Mm-hmm. They use that van to bring 15 the food back and forth to the facility, and then they will 16 sell the other van as surplus. But he hasn't -- I don't 17 think he's brought that to the Court yet, and I don't know 18 that he is going to sell it. So, I would -- you know -- 19 because it was a suggestion that was made to him. 20 COMMISSIONER LETZ: I thought they brought that to 21 us last time. 22 JUDGE TINLEY: The acquisition of a new van, yeah. 23 COMMISSIONER LETZ: And -- 24 MS. HARGIS: But I don't think he did surplus of 25 the old van, did he? 6-13-11 128 1 JUDGE TINLEY: No, we did not declare the old one 2 surplus. 3 COMMISSIONER OVERBY: No. 4 COMMISSIONER OEHLER: The old one went to -- 5 where'd it go? 6 JUDGE TINLEY: I thought they were going to use it 7 as a trade. 8 COMMISSIONER OEHLER: Yeah, that's what they did. 9 They used it for a trade, and they took the rest -- 10 COMMISSIONER LETZ: Yeah, out of that. 11 COMMISSIONER OEHLER: -- out of this. 12 MS. HARGIS: Yeah, that's right. The van actually 13 was 6,500, and I think they gave them, like, 1,500 for the 14 other one. I've been on vacation; my mind's kind of... 15 JUDGE TINLEY: Those are the numbers I recall. 16 Okay. You seen enough to make a motion? 17 COMMISSIONER BALDWIN: I've seen enough to second 18 one. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER BALDWIN: Let me make the motion. Can 21 I second it too? 22 JUDGE TINLEY: You can if somebody else will join 23 you. 24 COMMISSIONER BALDWIN: I'll move and second the 25 payment of whatever that was. Uh-oh. 6-13-11 129 1 MS. WILLIAMS: Don't say "uh-oh." I had submitted 2 a budget amendment request to the Auditor's office, and 3 evidently it must have gotten overlooked, but it has to do 4 with the H.R. department. And I've only got my copy. But 5 Jackie -- 6 COMMISSIONER BALDWIN: Hand it to me first. 7 MS. WILLIAMS: Jackie's longevity was evidently not 8 figured in the current year's budget, so Eva wanted to go 9 ahead and do a budget amendment, move some money out of 10 employee training, I believe, to cover her longevity. She 11 was due a longevity in February. Plus there are at least 12 four weeks during the fiscal year where Jackie works more 13 than just three days a week. Open enrollment, the two 14 vacation weeks for Cindy, and then there's kind of like an 15 "oops" week, if somebody's sick and she has to work an extra 16 day. Those hours were not figured in the budget either. So, 17 before Eva left, she figured out what we needed to move. 18 COMMISSIONER BALDWIN: Okay. 19 MS. HARGIS: I need all that back. I don't have 20 that. 21 JUDGE TINLEY: 1,570. 22 COMMISSIONER OVERBY: Yeah. 23 JUDGE TINLEY: And 10 cents. 24 MS. WILLIAMS: Roughly, yes, sir. I'm just 25 presenting it to the Court for their consideration. 6-13-11 130 1 COMMISSIONER LETZ: Did you make a motion to 2 approve? 3 JUDGE TINLEY: Did you make a motion to approve 4 budget amendments? 5 COMMISSIONER BALDWIN: Yes. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER BALDWIN: And I seconded it, too. 8 COMMISSIONER LETZ: Second. 9 COMMISSIONER OEHLER: Does that include this one, 10 or is that a separate one? 11 COMMISSIONER BALDWIN: Especially that one. 12 JUDGE TINLEY: I've got a motion and second to 13 approve the four budget amendments presented. Question or 14 discussion? All in favor signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion carries. 19 COMMISSIONER BALDWIN: Let me ask you a question 20 right quick, just for funsies. Now, because we -- that was 21 overlooked in the budget process this last year, obviously, 22 does that trigger anything -- I mean, how are you going to 23 build it in this year? 24 MS. HARGIS: Well, she won't have a longevity to 25 figure in. But we -- 6-13-11 131 1 COMMISSIONER BALDWIN: Maybe not her, but would 2 there be someone else -- 3 MS. HARGIS: We have had a couple of other 4 longevities that were not included. And, in fact, I'm not 5 sure; I've got to look at my own. That were not included -- 6 yours? 7 COMMISSIONER BALDWIN: Yeah, add some in there for 8 me too. I'm kidding. I'm just kidding. 9 MS. HARGIS: And -- 10 MS. WILLIAMS: And on Jackie's, she is maxed out. 11 She is at the 12th step, so she's red-lined from this point 12 forward. 13 COMMISSIONER BALDWIN: Is she leaving? 14 MS. WILLIAMS: No, not that I know of. 15 MS. HARGIS: You know, Eva prepared the position 16 control schedule last year, and, you know, it's quite easy -- 17 some of the longevity dates are on there, but some of them 18 just didn't get figured exactly right. We've run into two or 19 three others, and those departments have been able to absorb 20 the difference, most of them, in some of these line items. 21 'Cause they have to, 'cause those are the longevities that 22 are automatic. It's not something that -- you know, a raise 23 or anything of that nature. So, we're checking all the 24 dates. We've gone through and -- and checked all the dates 25 again. We'll probably need to add some more money for 6-13-11 132 1 Jackie, which I'm sure she'll help us with, but if any 2 department heads do know that, for instance, a vaccination or 3 anything else like that that needs to be put in, I don't have 4 a problem putting any of them in. I just need to know from 5 them. But we've gone over the schedule as much as we can. 6 The other thing that we might put in there is I've added more 7 money in for contingency for situations like that, that 8 you'll see when the budget comes up. It's impossible to not 9 make a mistake on something like that. It's a pretty big 10 schedule. 11 COMMISSIONER LETZ: On your Late Bill Number 1, the 12 Road and Bridge, -- 13 MS. HARGIS: Yes. 14 COMMISSIONER LETZ: -- there was a corresponding 15 budget amendment for half of it. 16 MS. HARGIS: Right. 17 COMMISSIONER LETZ: I would think there should be a 18 budget amendment for the other half of that. 19 MS. HARGIS: He had money in capital -- some money 20 left in capital. 21 COMMISSIONER LETZ: But why is it coming out of 22 vehicle/equipment rental, then? 23 MS. HARGIS: Because that's where he had money. 24 That's where we wanted to take it out of. 25 COMMISSIONER LETZ: They took it out of contract 6-13-11 133 1 fees, I thought. 2 MS. HARGIS: No. 3 JUDGE TINLEY: I believe that's right. 4 COMMISSIONER LETZ: Anyway, you might check it. It 5 appears to me that the money was coming from the maintenance 6 facility out of equipment rental/contract fees. We only did 7 a budget amendment for it to come out of contract fees, I 8 think. Anyway -- 9 MS. HARGIS: I don't think he had enough in there 10 for contract fees. 11 COMMISSIONER LETZ: Okay. 12 MS. HARGIS: So, if you'll give me my original back 13 again, it was not here, so -- 14 COMMISSIONER LETZ: You can have that back. 15 JUDGE TINLEY: Okay. I've been presented with 16 monthly reports from Treasurer, Kerr County Payroll for May 17 2011; Constable, Precinct 1; Constable, Precinct 3 for April 18 and May 2011; Environmental Health; County Clerk; Justice of 19 the Peace, Precinct 2; Justice of the Peace, Precinct 3. Do 20 I hear a motion that these indicated reports be approved as 21 presented? 22 MS. WILLIAMS: One thing, Judge, I wanted to bring 23 to your attention. On the Treasurer's May report, I 24 accidentally attached a letter and an amended affidavit for 25 my April report. I had a wrong number on my affidavit, and I 6-13-11 134 1 wanted to correct it. So, that is probably not listed on 2 your list of reports that were turned in. It's just an 3 amended affidavit for the April cash receipts. I made a 4 mistake and I wanted to correct it. 5 JUDGE TINLEY: These reports include an amendment 6 to the April cash receipts reports, and a cover letter 7 affidavit in connection with that to be included with those 8 reports. Do I hear a motion? 9 COMMISSIONER BALDWIN: So moved. 10 COMMISSIONER OVERBY: Second. 11 JUDGE TINLEY: All in favor, signify by raising 12 your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Okay. 17 Reports from Commissioners in connection with their liaison 18 assignments. Commissioner Baldwin? 19 COMMISSIONER BALDWIN: No. 20 JUDGE TINLEY: That was quick. 21 COMMISSIONER BALDWIN: Yeah. 22 JUDGE TINLEY: Commissioner Overby? 23 COMMISSIONER OVERBY: Not at this time. 24 JUDGE TINLEY: Commissioner Letz? 25 COMMISSIONER LETZ: No. 6-13-11 135 1 JUDGE TINLEY: Commissioner Oehler? 2 COMMISSIONER OEHLER: Well, I just want everybody 3 to know, you know, the Maintenance Department did really well 4 in getting the projects done on the annex, and I think Tim 5 decided that, being as he and I work so well together, that 6 anything anybody needs done, he's more than happy to have me 7 work with him. 8 COMMISSIONER BALDWIN: Oh, that's great. 9 MR. BOLLIER: I just had to poke him a little bit. 10 COMMISSIONER OEHLER: Yeah, poke me. Anyway, that 11 -- a big thanks to them, and also, Hill Country Telephone 12 made all the transfer of the lines, even the T-1 line. 13 Everything was done on schedule, ahead of time. John 14 Trolinger, absolutely above and beyond any -- he ran all new 15 wires to that building, setting up all the new equipment, 16 unbelievable. When we plugged it all in, it all worked. 17 COMMISSIONER OVERBY: That's great. 18 COMMISSIONER OEHLER: He was excited. And a couple 19 of times, he thought about maybe, you know, committing 20 homicide on a couple of individuals, but we got through that. 21 COMMISSIONER OVERBY: That's good. 22 COMMISSIONER OEHLER: So -- 23 MR. BOLLIER: We even had Ragsdale help out a 24 little. 25 COMMISSIONER OEHLER: Yep, Ragsdale did help out a 6-13-11 136 1 little. He helped move some of his stuff. But everybody did 2 really well and worked well together. I think we got a lot 3 better facility, and we'll continue to make it better. 4 That's it. 5 JUDGE TINLEY: Okay. Elected officials? 6 Ms. Williams? 7 MS. WILLIAMS: This is actually coming from the 8 former H.R. Director. Wanted to let you know that worker's 9 comp, we did a 2010 audit, and we got a refund of $4,221 on 10 the worker's comp audit for 2010. 11 JUDGE TINLEY: That's in addition to the credits 12 that we received -- 13 MS. WILLIAMS: Yes, sir. 14 JUDGE TINLEY: -- recently? 15 MS. WILLIAMS: Right. And -- 16 COMMISSIONER LETZ: That means we had a lower 17 payroll. 18 MS. HARGIS: Mm-hmm. 19 MS. WILLIAMS: Do what? 20 COMMISSIONER LETZ: We had a lower payroll to get 21 that refund. That means we had a lower payroll -- 22 MS. WILLIAMS: Yes. 23 COMMISSIONER LETZ: -- during the audit. 24 MS. WILLIAMS: During the audit. 25 COMMISSIONER LETZ: We just overpaid premiums. 6-13-11 137 1 We're just getting money back. 2 MS. WILLIAMS: We paid them; they refund. This is 3 the -- 4 COMMISSIONER OVERBY: We get it back. 5 MS. WILLIAMS: This is just an updated spreadsheet 6 on the insurance, the health insurance numbers that we hand 7 out every month. Not that you're going to like it. 8 JUDGE TINLEY: That's the bad news, right? 9 MS. WILLIAMS: That's the bad news. Sorry. 10 JUDGE TINLEY: Anything else? 11 MS. WILLIAMS: No, I think that's it. 12 JUDGE TINLEY: Other elected officials? 13 MR. HENNEKE: Gentlemen, two things. First of all, 14 a sad announcement. Mr. Mickey Bailey in my office has been 15 hired by the District Courts to move upstairs to the 16 penthouse of the courthouse. And we're excited for his new 17 opportunity, and sad to see him go. Mickey worked really 18 hard as the hot check coordinator in the County Attorney's 19 office, and he'll be a tough person to replace. The other 20 thing I wanted to let the Court know is, this Court may 21 remember, about -- it's been a year ago, the former Road and 22 Bridge employee, after being separated from Kerr County, had 23 filed a worker's comp suit against the County alleging 24 injuries that he suffered -- which we believe were 25 preexisting to his employment, unrelated to any work that he 6-13-11 138 1 performed with Kerr County -- were workplace-related 2 injuries. And the contested hearing before the Worker's Comp 3 Commission is Wednesday, and so I'll be in Kerr County. We 4 have our insurance -- our worker's comp carrier's attorney, 5 and I'm working with him, but we'll have a contested hearing 6 on Wednesday for that. 7 MS. BOLIN: We're at .40 above last year for 8 collections, about a half a percent. 9 JUDGE TINLEY: Four-tenths of one percent above? 10 MS. BOLIN: Mm-hmm. 11 MS. HARGIS: If we -- I would hope that by the end 12 of this week, that we could probably have the budget pretty 13 much online for you guys to look at. I would like for y'all 14 to consider a date for the first -- you know, to start 15 looking at this so we can get started. It looks pretty good 16 right now. We've been working really hard to help everybody 17 make sure they have everything they need, and -- and what 18 they may not need so that y'all can make those decisions. 19 But I think if you could set up a public hearing this month 20 just to review it, to kind of get it in your mind, to go over 21 the whole thing as just kind of a first blush and get it on 22 your machines and so forth so you can have time to look at 23 it. 24 JUDGE TINLEY: And you hope to have that -- 25 MS. HARGIS: I should have it -- we should have it 6-13-11 139 1 done -- 2 JUDGE TINLEY: At least in draft form, end of this 3 week? 4 MS. HARGIS: By Friday. It's pretty much done 5 right now. But we -- I would say by Friday. So, if we could 6 set maybe a public hearing -- I mean -- 7 JUDGE TINLEY: Workshop. 8 MS. HARGIS: -- workshop the Monday afternoon on 9 the next court hearing, or that Tuesday morning, whatever 10 y'all would wish. 'Cause I know we have vacations coming up 11 for all of you. 12 JUDGE TINLEY: The Auditor's office have been 13 really doing yeoman's work on going through that budget. 14 They've been a tremendous help to me as budget officer, and 15 looking at those individual items and looking at the 16 expenditure patterns from current year, prior years, and so 17 forth. And I really, really appreciate y'all's help and what 18 you've done, because you've -- you've taken the heavy load 19 off me. In essence, that's what's happened here, and I 20 really appreciate it. Besides all that, they found some -- 21 they've done some good work to get things in. I feel better 22 about the budget at this point in time than I thought I was 23 going to feel -- 24 COMMISSIONER OEHLER: Good. 25 JUDGE TINLEY: -- about it. 6-13-11 140 1 COMMISSIONER OEHLER: Wonder how long the Sheriff's 2 going to be on vacation. Can we go ahead and do his budget? 3 MS. HARGIS: There is one thing that we're checking 4 on, and I just want to get your consensus on that. We have 5 been giving -- we currently don't have an H.R. Director, so 6 I'm kind of guessing on a few things. We've been giving the 7 flu shots. I think that's a good thing for us to continue. 8 We've been checking with the Health Department to see what 9 that would be, or the -- and then I will for sure budget 10 as -- as Commissioner Oehler told me. We've already done 11 that in the Animal Control section so that they get their 12 vaccinations. But we want to consider -- we don't need any 13 more hepatitis; I think we're done. What about the 14 pneumonia, which is another -- would you like for me to get a 15 pricing on that as well? 16 JUDGE TINLEY: You can get pricing on it. And, you 17 know, that will be another option for us to consider. 18 MS. HARGIS: Okay, we'll get the pricing; we'll put 19 it in there so you'll have it. When you look at it, you can 20 tell me what you want to do. Okay. 21 MR. BOLLIER: Ms. Hargis, do we have anything in 22 there for tetanus shots? 23 MS. HARGIS: No, not currently. 24 COMMISSIONER OEHLER: You need a rabies shot; you 25 don't need a tetanus shot. 6-13-11 141 1 MR. BOLLIER: Well, I was just thinking about 2 tetanus because of -- 3 JUDGE TINLEY: Yeah. Maintenance folks, a tetanus 4 would be... 5 COMMISSIONER OEHLER: Well, also Road and Bridge. 6 JUDGE TINLEY: Well, yeah. 7 MR. BOLLIER: Road and Bridge need tetanus. 8 JUDGE TINLEY: It probably is only every 10 years. 9 COMMISSIONER OEHLER: Five or 10 years, it's good 10 for. 11 MS. HARGIS: We could put some money in there 12 for -- 13 COMMISSIONER LETZ: Those that need it. 14 MS. HARGIS: -- those that need it. 15 COMMISSIONER OEHLER: Need to find out who needs 16 them, and who is current. 17 MS. HARGIS: Okay. Well, we'll send out an e-mail 18 and ask that question. Thank you. 19 JUDGE TINLEY: Okay. 20 MS. HARGIS: And get a cost on that, okay? 21 COMMISSIONER OVERBY: Good. 22 COMMISSIONER OEHLER: Are you current or not? 23 MR. BOLLIER: I'm not. I think -- well, I'm pretty 24 current, I think. 25 JUDGE TINLEY: Any other elected officials or 6-13-11 142 1 department heads? 2 MR. BOLLIER: Judge, I'd just like to say that I 3 have hired a new person, and that she will be starting on 4 this Thursday. And I'll try to get her around and introduce 5 her to everyone. 6 JUDGE TINLEY: Okay. 7 MR. BOLLIER: And I'm excited, 'cause I've never 8 had a girl in the Maintenance Department. 9 COMMISSIONER OEHLER: You may -- 10 MR. BOLLIER: I'm kind of exited about it. I think 11 it's -- no, Jon, get that look out of your eyes. I just -- I 12 think she's going work out very well. 13 JUDGE TINLEY: I just hope she doesn't embarrass 14 you guys. 15 MR. BOLLIER: She might. She could. 16 JUDGE TINLEY: Okay. Anything else? Okay. We'll 17 go out of public or open session now at 12:18 to go into 18 executive or closed session. 19 (The open session was closed at 12:18 p.m., and an executive session was held, the transcript of which 20 is contained in a separate document.) 21 - - - - - - - - - - 22 JUDGE TINLEY: Okay. We're back in -- we're back 23 in open or public session at 12:49. First, with regard to 24 Item 22; consider, discuss, take appropriate action to confer 25 with County Attorney regarding potentials litigation vs. 6-13-11 143 1 eGovernment Technologies, Inc., and Jerry Anderson, and to 2 authorize Kerr County to commence litigation against 3 eGovernment Technologies, Inc., and Jerry Anderson, including 4 approval of Kerr County as exempt pursuant to Texas Civil 5 Practice and Remedies code Section 6.001. Anybody have 6 anything to offer in connection with that particular agenda 7 item? 8 COMMISSIONER LETZ: Judge, I'll make a motion that 9 we authorize the County Attorney to commence litigation 10 against eGovernment Technologies, Inc., and Jerry Anderson 11 concerning the agenda item. 12 COMMISSIONER OEHLER: Second. 13 JUDGE TINLEY: Motion made and seconded as 14 indicated. Any question or discussion? 15 MR. HENNEKE: Would that also include -- there's a 16 provision under the Civil Practice and Remedies code that if 17 the Commissioners Court approves the County as exempt, then 18 some fees would get waived. So, would that be included as 19 part of your motion? 20 COMMISSIONER LETZ: Yes, it is. 21 COMMISSIONER OEHLER: Yes. He read that, I 22 believe. 23 JUDGE TINLEY: You're trying to beat Uecker out of 24 some money here. I see you waited until she came in the 25 room. Any further question or discussion? All in favor, 6-13-11 144 1 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 23; consider, 6 discuss, take appropriate action to confer with County 7 Attorney regarding pending litigation involving L.C.R.A. 8 Transmission Services Corporation proposed McCamey D to 9 Kendall to Gillespie 345 KV CREZ transmission line in 10 Schleicher, Sutton, Menard, Kimble, Mason, Gillespie, Kerr, 11 and Kendall Counties, Public Utility Commission of Texas 12 Docket Number 38354, City of Kerrville, Kerrville Public 13 Utility Board, and City of Junction vs. P.U.C, Cause Number 14 D-1-GV-000324 in the 98th District Court of Travis County. 15 Any member of the Court have anything to offer in connection 16 with that item? Hearing none, we'll move on to Item 24 -- 17 excuse me, 25. Consider, discuss, take appropriate action to 18 sell real property owned by Kerr County known as Lots 5 19 through 10 in Block One of the Ingram Loop Subdivision, more 20 specifically described in the Kerr County land records 21 through a sealed bid procedure pursuant to the requirements 22 of the Texas Local Government Code, including determination 23 of a minimum bid amount and establishment of procedure for 24 the submission of bids. Property was previously declared 25 surplus. Any member of the Court have anything further to 6-13-11 145 1 offer in connection with that item? 2 COMMISSIONER OEHLER: Yes. Judge, I move that we 3 put it out for bid -- for sealed bid, and that the minimum 4 bid be set at $35,000, and that those bids be submitted to 5 the County Clerk's office. What -- do we have a calendar? 6 What's the first meeting in -- the second meeting in July? 7 That would probably give us ample time to advertise. 8 JUDGE TINLEY: Be the 25th. 9 COMMISSIONER OEHLER: 25th. And that the bids be 10 -- what's the Friday before that? 11 JUDGE TINLEY: 22nd. 12 COMMISSIONER OEHLER: That all bids would be due 13 into the clerk's office on July the 22nd by 5 p.m., and 14 opened at the regular Commissioners Court meeting on July the 15 25th, 2011. 16 COMMISSIONER BALDWIN: I'll second that motion. 17 COMMISSIONER OEHLER: Does that pretty well cover 18 it, you think? 19 JUDGE TINLEY: Yeah. We have a motion and second. 20 MR. HENNEKE: Are you going to separately set the 21 minimum bid amount? 22 COMMISSIONER OEHLER: Minimum bid amount, 35,000. 23 JUDGE TINLEY: No, it was in there. Further 24 question or discussion? All in favor of the motion, signify 25 by raising your right hand. 6-13-11 146 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Do we have 5 any further business to come before the Court? 6 COMMISSIONER LETZ: Food. 7 JUDGE TINLEY: We're adjourned. 8 (Commissioners Court adjourned at 12:54 p.m.) 9 - - - - - - - - - - 10 11 12 STATE OF TEXAS | 13 COUNTY OF KERR | 14 The above and foregoing is a true and complete 15 transcription of my stenotype notes taken in my capacity as 16 official reporter for the Commissioners Court of Kerr County, 17 Texas, at the time and place heretofore set forth. 18 DATED at Kerrville, Texas, this 17th day of June, 2011. 19 20 JANNETT PIEPER, Kerr County Clerk 21 BY: _________________________________ Kathy Banik, Deputy County Clerk 22 Certified Shorthand Reporter 23 24 25 6-13-11