1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, June 27, 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 27, 2011 2 PAGE 3 --- Visitors' Input 5 --- Commissioners' Comments 9 4 1.1 Public Hearing for a proposed stop sign at the 5 intersection of Gaddis Bluff North and Cypress Creek North, Precinct 3 12 6 1.2 Consider/discuss, take appropriate action for 7 final approval for proposed stop sign at the intersection of Gaddis Bluff North and Cypress 8 Creek North, Precinct 3 12 9 1.3 Public Hearing concerning proposed private road name of Sour Mash Trail North to be dropped and 10 discontinued, Precinct 3 13 11 1.4 Consider/discuss, take appropriate action for final approval concerning proposed private road 12 name of Sour Mash Trail North to be dropped and discontinued, Precinct 3 14 13 1.7 Consider/discuss, take appropriate action to 14 approve personnel position changes/vacancies, replacement and compensation in County Clerk's 15 office 16 16 1.5 Consider/discuss, take appropriate action to approve preliminary revision of plat for 17B and 17 17C of Staacke Ranch Subdivision; set a public hearing, Precinct 3 25 18 1.6 Consider/discuss, take appropriate action for 19 final approval for revision of plat for Lots 9 and 10, Ledge Stone Subdivision, Precinct 2 28 20 1.8 Consider/discuss, take appropriate action to 21 establish policy regarding issuing refund checks for overpayment of fees 30 22 1.9 Consider/discuss, take appropriate action 23 regarding updates on renovation of HCYEC and direction for upgrades to outdoor arena, priority 24 of phase(s) of construction 34 25 3 1 I N D E X (Continued) June 27, 2011 2 PAGE 1.10 Consider/discuss, take appropriate action to 3 authorize Juvenile Probation Department to hire additional staff to replace vacancies 54 4 1.11 Consider/discuss and take appropriate action on 5 proposal for HVAC at the Ingram Annex 58 6 1.12 Consider/discuss, take appropriate action to declare old tractor implements and other various 7 equipment as surplus, allow Maintenance Department to take it to recycle center 66 8 1.14 Presentation from Liberty National representative(s) 9 regarding supplemental insurance for employees 71 10 1.13 Consider/discuss, take appropriate action to take one 4x2 gas gator and two push mowers out 11 of Maintenance Department inventory and place in Sheriff's Department inventory 79 12 1.15 Consider/discuss, take appropriate action to 13 set budget workshops 80 14 1.16 Consider/discuss, take appropriate action on minor modifications to Kerr County Subdivision 15 Rules and Regulations 87 16 1.17 Consider/discuss pending or proposed interlocal agreements with City of Kerrville for various 17 services and/or operations; take any appropriate action thereon 88 18 1.18 Consider/discuss, take appropriate action to 19 amend authorized representatives in TexPool 90 20 1.19 Consider/discuss, take appropriate action to adopt a resolution and order to approve GASB 54 21 standards and applications 91, 100 22 1.20 Consider/discuss, take appropriate action to authorize alternate bid specification for lighting 23 for outdoor arena 97 24 1.21 Consider/discuss, take appropriate action regarding LCRA Transmission Services Corporation 25 proposed McCamey D to Kendall to Gillespie 345-kv CREZ Transmission Line (Executive Session) -- 4 1 I N D E X (Continued) June 27, 2011 2 PAGE 3 4.1 Pay Bills 101 4.2 Budget Amendments 105 4 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 106 5 5.1 Reports from Commissioners/Liaison Committee 6 Assignments 107 5.2 Reports from Elected Officials/Department Heads 108 7 3.1 Action as may be required on matters discussed 8 in Executive Session 116 9 --- Adjourned 117 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, June 27, 2011, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, June 27th, 2011, at 9 a.m. It's that 11 time now. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Sir, thank you very much. 13 Would you please rise, and we're going to have a word of 14 prayer and the pledge of allegiance, and then we have a 15 special guest to lead us or to do the prayer this morning, 16 the honorable David Billeiter. 17 (Prayer and pledge of allegiance.) 18 COMMISSIONER BALDWIN: Thank you, Judge. 19 JUDGE TINLEY: At this time, if there's any member 20 of the public or audience that wishes to be heard with 21 respect to any matter which is not a listed agenda item, this 22 is your opportunity to come forward and tell us what's on 23 your mind. If you wish to be heard with respect to an agenda 24 item, we have a participation form at the rear of the room. 25 We'd ask that you fill that out. That puts me on notice so 6-27-11 6 1 that hopefully I don't miss you, and when we get to that 2 agenda item, I can recognize you to allow you to be heard at 3 that time. But any person in the audience or public that 4 wishes to be heard with respect to any matter which is not a 5 listed agenda item, come forward and tell us what's on your 6 mind. 7 MR. WALSTON: Thank you, Judge and Commissioners. 8 Appreciate the opportunity to bring some of my 4-H members -- 9 if y'all would just line right up there in front. I'd like 10 to introduce this group of young people. This is your Kerr 11 County 4-H national champion wool-judging team for this past 12 year in 2011. They just won that award this past Thursday, 13 competing at the national contest in Sonora. They competed 14 the week previously at the state contest in College Station 15 against 10 teams from all over Texas; they won that award by 16 about four points. Out of a possible 1,500 points, they won 17 it by four points, so it can get pretty close. At Sonora, 18 they competed against teams from New Mexico, Wyoming, as well 19 as Texas, and this year -- we usually start the judging 20 competitions in February. We go to San Antonio, we go to 21 Houston, San Angelo. They've competed in eight contests this 22 year; they've won six of them. And as far as some of the -- 23 you know, it's gotten to be one of those things that, you 24 know, when Kerr County's coming, you know, they really don't 25 like to see us. It's just -- regardless of whether it's our 6-27-11 7 1 seniors, our juniors, or our novice, they know when we're 2 coming, we're coming to be -- be serious. 3 Also, at State Roundup the last week in -- week 4 before last, we had the state winning grass identification 5 team, which Mary Beth Bauer coaches. We also had Ethan 6 Muehlstein and Leah Bauer won the -- the 4-H promote -- 7 Promote 4-H educational presentation. We had a second-place 8 mohair team, and we had another educational presentation. We 9 took five teams; we had three firsts and a second, so we're 10 well pleased. We won the sweepstakes that week, and then 11 also at Sonora, we also won the sweepstakes, which includes 12 the livestock judging and evaluation, range evaluation, wool, 13 and mohair. And it's a culmination of points on that whole 14 process. So, they've had an exceptionally good year, and 15 we're really proud of them. I'd like to ask Tess Dula, one 16 of our 4-H'ers and judges, to come up and explain a little 17 bit of what they actually get out of the judging program. 18 MS. DULA: I'd like to first thank you for your 19 funding. This has been a great program and a great 20 experience for me. I've gotten to learn a lot about teamwork 21 and defending my decisions and making them quickly, and also 22 we have a very, very great time in the process. And it's 23 been a lot of fun to be part of 4-H. 24 MR. WALSTON: Thank you, Tess. Along with all of 25 our judging teams, it's one of those things that we realize 6-27-11 8 1 that the wool and mohair industry is a -- is an industry that 2 has been struggling, but it's something that we can take and 3 use as a tool to have these kids take the information that we 4 provide them and we train them with, and they have to make a 5 decision based on that information, and so that's 6 something -- that's a life skill that they're going to have 7 to use from now on. So, we appreciate y'all's help and your 8 support. Without your support and facilities and letting us 9 have a place to put and practice, this wouldn't be possible. 10 JUDGE TINLEY: Roy, how many times has the 11 Kerrville team won either state or national? 12 MR. WALSTON: Well, since the national contest 13 started in 1961, Kerr County has won it nine times. 14 COMMISSIONER OVERBY: Since when? 15 MR. WALSTON: Since 1961. 16 JUDGE TINLEY: That's nationally? 17 MR. WALSTON: They've won it -- in the past five 18 years, we've won it three times. So -- 19 JUDGE TINLEY: Introduce these young folks to us. 20 MR. WALSTON: We have Mrs. Tess Dula here on the 21 left, Sarah Muehlstein in the middle, and Ethan Muehlstein. 22 (Applause.) 23 COMMISSIONER BALDWIN: Fantastic. 24 MR. WALSTON: Thank y'all. 25 JUDGE TINLEY: Appreciate it, Roy. 6-27-11 9 1 COMMISSIONER OEHLER: Thank y'all. 2 JUDGE TINLEY: Anyone else wish to be heard with 3 respect to any matter that is not a listed agenda item? 4 Seeing no one else coming forward, we will move along. 5 Commissioner Baldwin, do you have anything for us this 6 morning? 7 COMMISSIONER BALDWIN: I do not, Judge. Thank you. 8 JUDGE TINLEY: Commissioner Overby? 9 COMMISSIONER OVERBY: Judge, we got one big 10 exciting day coming up on July 9th. We'll be hosting -- our 11 Center Point Volunteer Fire Department has a big fundraiser 12 from 11:00 to 2:00 out in Center Point, and looking for some 13 good barbecue. I understood it's one of the best. So, we'll 14 be having that event on July 9th, big fundraiser. Of course, 15 the Center Point parade will be previously before the big 16 barbecue, so we're looking forward to an exciting day on the 17 9th. 18 JUDGE TINLEY: Is that it? 19 COMMISSIONER OVERBY: That's it. 20 JUDGE TINLEY: Commissioner Letz? 21 COMMISSIONER LETZ: Judge, a couple things. We 22 got -- or one thing, actually. We received an e-mail from 23 TAC about the appropriations bill that was finally approved, 24 and I'd encourage everyone to get a copy of it and look at 25 it. It shows what got hit hardest. Volunteer fire 6-27-11 10 1 departments, huge cut in their funding. Libraries, huge cut. 2 Criminal -- libraries got cut, I think, 75 percent, grants to 3 libraries. Grants to volunteer fire departments got cut, 4 like, 55 percent. Historical Commission got cut, a lot of 5 different cuts. Criminal justice had a whole bunch of them. 6 It's hard for me to tell if they're important ones or not 7 important ones, but I suspect there's some important ones in 8 that group. But it's -- I'm bringing it up 'cause budget's 9 coming right on the horizon, and some of these entities we 10 help fund, they're probably going to be asking for more 11 funding, or certainly at least asking to continue our funding 12 in certain areas. And a lot of them are -- should be cut. 13 When I look at the list, a lot of things were a little bit 14 unnecessary to me. But, it's interesting. That's it. 15 JUDGE TINLEY: Commissioner Oehler? 16 COMMISSIONER OEHLER: I will say that Divide 17 Volunteer Fire Department had the most successful fundraiser 18 ever. Quite amazing. From what I was told the other day, 19 the gross proceeds were $53,000, and a net of around 40. 20 That's the largest I know of that we have in any of the 21 volunteer fire departments. And this was only their third 22 year. 23 COMMISSIONER OVERBY: That's great. 24 COMMISSIONER OEHLER: So, that's -- congratulations 25 to them. That's well, well organized and well-attended, and 6-27-11 11 1 I enjoyed being a part of it. That's it. 2 COMMISSIONER BALDWIN: Right in the middle of the 3 function, they left to go fight a fire. 4 COMMISSIONER OEHLER: Yeah, they had to go fight a 5 fire on 83 somewhere, part of them. They sent one truck. 6 JUDGE TINLEY: The -- as the Court will recall, at 7 our last meeting the Court recommended that I declare Kerr 8 County a disaster area because of the extreme drought 9 conditions for the purpose of banning the fireworks, all 10 fireworks, and I did so. I issued that declaration and 11 requested that the governor extend it until after the 4th of 12 July holiday. The governor has acted favorably upon that 13 request, and the ban on fireworks is extended through 7 a.m. 14 on July 5th of this year. So, I understand the Sheriff has 15 already put out the word that there's going to be zero 16 tolerance, not going to be a bunch of warnings issued. I 17 think what the Sheriff put out is the warning. After that, 18 it's -- anybody that violates the ban gets cited, and that's 19 it. Is that correct, Sheriff? 20 SHERIFF HIERHOLZER: That's correct. 21 JUDGE TINLEY: Okay. Let's move on with our 22 agenda. At this time, I will recess the Commissioners Court 23 meeting and convene a public hearing for a proposed stop sign 24 at the intersection of Gaddis Bluff North and Cypress Creek 25 North located in Precinct 3. 6-27-11 12 1 (The regular Commissioners Court meeting was closed at 9:13 a.m., and a public hearing was held in open 2 court, as follows:) 3 P U B L I C H E A R I N G 4 JUDGE TINLEY: Is there any member of the public or 5 audience that wishes to be heard with respect to the proposed 6 stop sign at the intersection of Gaddis Bluff North and 7 Cypress Creek North located in Precinct 3? 8 (No response.) 9 JUDGE TINLEY: Seeing no one coming forward or 10 seeking to be recognized, I will close the public hearing for 11 the proposed stop sign at the intersection of Gaddis Bluff 12 North and Cypress Creek North located in Precinct 3. 13 (The public hearing was concluded at 9:13 a.m., and the regular Commissioners Court meeting was 14 reopened.) 15 - - - - - - - - - - 16 JUDGE TINLEY: And I will reconvene the 17 Commissioners Court meeting and go to Item 2; to consider, 18 discuss, and take appropriate action for final approval for a 19 proposed stop sign at the intersection of Gaddis Bluff North 20 and Cypress Creek North located in Precinct 3. Mr. Odom? 21 MR. ODOM: Yes, sir. Good morning. Mr. Hurst 22 contacted Commissioner Letz previously concerning installing 23 a stop sign at Gaddis Bluff North and Cypress Creek North, so 24 at this time, we ask the Court for their final approval for 25 the proposed stop sign at Gaddis Bluff North and Cypress 6-27-11 13 1 Creek North, Precinct 3. 2 COMMISSIONER LETZ: This is a dangerous 3 intersection, and I move approval. 4 COMMISSIONER OEHLER: Second. 5 JUDGE TINLEY: Motion made and seconded for 6 approval of the agenda item. Question or discussion? All in 7 favor of the motion, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: That motion does carry. Again, I 12 will recess the Commissioners Court meeting and convene a 13 public hearing under Item 3, concerning the proposed private 14 road name of Sour Mash Trail North to be dropped and 15 discontinued, same being located in Precinct 3. 16 (The regular Commissioners Court meeting was closed at 9:14 a.m., and a public hearing was held in open 17 court, as follows:) 18 P U B L I C H E A R I N G 19 JUDGE TINLEY: Is there any member of the public or 20 audience that wishes to be heard concerning the proposed 21 private road name of Sour Mash Trail North to be dropped and 22 discontinued, the same being located in Precinct 3? 23 (No response.) 24 JUDGE TINLEY: Seeing no one coming forward or 25 otherwise seeking to be recognized, I will close the public 6-27-11 14 1 hearing concerning the proposed private road name of Sour 2 Mash Trial North to be dropped and discontinued. 3 (The public hearing was concluded at 9:15 a.m., and the regular Commissioners Court meeting was 4 reopened.) 5 - - - - - - - - - - 6 JUDGE TINLEY: And I will reconvene the 7 Commissioners Court meeting and take up Item 4; to consider, 8 discuss, and take appropriate action for final approval 9 concerning the proposed private road name of Sour Mash Trial 10 North to be dropped and discontinued, the same being located 11 in Precinct 3. Mr. Odom? 12 MR. ODOM: Yes, sir. Mark DelToro contacted our 13 office concerning the request to drop and discontinue the 14 private road name of Sour Mash Trail North. The public 15 hearing was just held concerning this name being dropped and 16 discontinued. So, at this time, we ask the Court for their 17 final approval concerning the proposed private road name of 18 Sour Mash Trail North to be dropped and discontinued in 19 Precinct 3. 20 COMMISSIONER LETZ: Move approval. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the agenda item. Further question or discussion? 24 COMMISSIONER BALDWIN: We're not going to replace 25 the name? Is there going to be a road out there with no 6-27-11 15 1 name? 2 MR. ODOM: That is -- 3 MR. DELTORO: No, sir. Commissioner, Sour Mash 4 Trail North is a private road wholly owned on the Hoelscher 5 property, and it was an address and public safety issue for 6 the -- the reason for that name being dropped. 7 COMMISSIONER BALDWIN: Tell me how that works. How 8 do you -- how is it a public safety issue? 9 MR. DELTORO: There are -- 10 COMMISSIONER BALDWIN: If you drop the name? 11 MR. DELTORO: There are currently some residences 12 right along Whiskey Canyon Ranch Road that have addresses off 13 Whiskey Canyon Ranch Road, and have historically had those 14 addresses. 15 COMMISSIONER BALDWIN: I see. Okay. 16 MR. DELTORO: If there were ever to be an emergency 17 response in that area, that would cause confusion. 18 COMMISSIONER BALDWIN: Thank you. You do a good 19 job, man. 20 MR. DELTORO: Thank you, sir. 21 MR. ODOM: He does a good job. 22 JUDGE TINLEY: Any other question or discussion on 23 the motion? All in favor of the motion, signify by raising 24 your right hand. 25 (The motion carried by unanimous vote.) 6-27-11 16 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. It's not 4 quite 9:25; let's go to Item 7, to consider, discuss, and 5 take appropriate action to approve personnel position 6 changes/vacancies, replacement and compensation in the County 7 Clerk's office. 8 MS. THOMPSON: Good morning, gentlemen. Jannett 9 could not be here today, so I'm going to be presenting this. 10 We've had some changes in our office the last couple of 11 weeks. We had two people turn in their retirement notice 12 effective June 30th, and one of them then decided that she 13 did not want to retire, after we'd already refilled her 14 position from within. So, in filling her position at a lower 15 level, we decided that we would let her stay; we wanted to 16 keep her experience, but she will be coming -- or staying 17 with us also at a lower rate of pay. So, on the schedule 18 that I handed you -- the first column shows our salaries as 19 of June 30th. As of July 1st, with the two changes in the 20 position schedule, we've reduced our salaries and we've also 21 created a second open position in our position schedule. 22 What we would like to do is bring all of our deputies that 23 are at a Grade 14 up to a Grade 15 with a one-step increase, 24 to bring them level to the deputy clerks in the other 25 offices. And we would also like to give the chief deputy a 6-27-11 17 1 one-step increase. With the two positions that are open, we 2 would like to eliminate one of those positions entirely, and 3 we would like to keep one on the position schedule in the 4 event circumstances change and we would need to come back to 5 the Commissioners Court to ask to fill that position. In 6 doing all of this, we would still be creating a savings to 7 the county in our salary line items of approximately $20,000. 8 COMMISSIONER LETZ: But the plan is to leave that 9 one -- the reserve deputy will remain open? Leave that open? 10 MS. THOMPSON: To leave that on the position 11 schedule, but eliminate the second one. 12 COMMISSIONER LETZ: From a budget standpoint, it's 13 a lot better to get rid of that slot, because if it's on the 14 schedule, we have to budget for it. You know, I understand 15 what you're asking -- or Jannett's asking, to kind of hold 16 off and see how things work. But that's my only issue. 17 Overall, I think that the -- you know, we've -- for years, 18 we've supported trying to reduce staff and increase a little 19 bit where we can. That would be my only question, really, is 20 that one slot staying in the budget. It can stay right now, 21 but next year is what I'm really looking at. 22 MS. THOMPSON: Right. We're not anticipating 23 filling it at this point, but we'd like to keep it. 24 COMMISSIONER OEHLER: If you do that, that really 25 does reduce the budget. I don't -- you know, I think Linda 6-27-11 18 1 was allowed to do this upstairs sometime back, and we've been 2 -- this is one of the things we've kind of been asking for is 3 to reduce staff, and -- and I think, you know, you spread the 4 workload amongst the ones that are left. And I support it. 5 COMMISSIONER LETZ: I do too. 6 COMMISSIONER OVERBY: I'd be in favor of that. 7 JUDGE TINLEY: We're talking about eliminating both 8 of those open positions, is what I'm hearing? 9 COMMISSIONER LETZ: One right now. 10 COMMISSIONER OVERBY: One spot. 11 COMMISSIONER LETZ: In my mind, one during the 12 budget process. But, one, Jannett isn't here right now on 13 that issue, and it's not going to really have any impact on 14 this year's budget one way or the other. It's next year that 15 it will have an issue -- or an impact. For right now, it 16 should be removed, that one. 17 COMMISSIONER OVERBY: Actually, what she's doing 18 right now impacts the budget for next year positively. 19 COMMISSIONER LETZ: It impacts the budget. I'm 20 just saying, the one slot that's left open, I'd rather 21 address that at budget. 22 COMMISSIONER OEHLER: Yeah, okay. 23 COMMISSIONER OVERBY: You don't feel that position 24 that you -- if you left that one open, you don't know if 25 you'll use it or not? Is that what you're saying? 6-27-11 19 1 MS. THOMPSON: We're not anticipating filling it at 2 this point. 3 COMMISSIONER OVERBY: Okay. For this year -- 4 MS. THOMPSON: We've been doing mass cross-training 5 in our office so that we can try and cover all of the 6 positions from our personnel that we do have. 7 COMMISSIONER OVERBY: Okay. 8 MS. THOMPSON: But if the economy were to change 9 and the workload were to pick up drastically, we would have 10 to come back to the Court at that point. 11 COMMISSIONER OVERBY: Okay. 12 JUDGE TINLEY: And the -- the approach as to that 13 one that is not eliminated, but is in reserve to remain open, 14 you'd come -- Clerk's office would come back to the Court if 15 there were a need for that prior to the new budget? 16 MS. THOMPSON: Yes, sir. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER LETZ: I move we approve the request 19 from the County Clerk to adjust the salary position schedule 20 as presented. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded as 23 indicated. Question or discussion? 24 COMMISSIONER BALDWIN: When -- when is this 25 effective? 6-27-11 20 1 MS. THOMPSON: We would like it to be effective 2 July 15th payroll. 3 COMMISSIONER BALDWIN: I'm sorry, I didn't hear 4 you. 5 MS. THOMPSON: We would like it to be effective 6 with the July 15th payroll. 7 JUDGE TINLEY: The individual who -- who had 8 indicated a desire to retire, but subsequently withdrew 9 that, -- 10 MS. THOMPSON: Yes, sir. 11 JUDGE TINLEY: -- what -- what was the effect on 12 that individual? 13 MS. THOMPSON: She came down $5,000 in salary. And 14 she's going to be a person that works in every department 15 helping to fill in wherever we're short within the office. 16 She'll no longer be a supervisor, in a supervisory position. 17 JUDGE TINLEY: Has there been full discussion with 18 that individual? 19 MS. THOMPSON: Yes. 20 COMMISSIONER BALDWIN: Now, when you talk about 21 $5,000 reduction, are you talking -- are you talking about 22 bringing that person back to the number-one slot? 23 MS. THOMPSON: No, sir. She went from a 17-8 down 24 to a 14-8, and then with -- she'll get the one grade and step 25 increase, which brings her up to the 15-7, which is a 2.5 6-27-11 21 1 percent increase. 2 COMMISSIONER BALDWIN: These -- these increases on 3 the -- all these folks, are they comparable to other offices 4 in the county family? 5 MS. THOMPSON: Yes, sir. 6 COMMISSIONER BALDWIN: Are they equal, are they 7 still below, or are they above? 8 MS. THOMPSON: They'll be fairly equal. 9 COMMISSIONER BALDWIN: Fairly equal. 10 COMMISSIONER LETZ: Cheryl, question. And I 11 presume the slots stay the same as you go across -- 12 MS. THOMPSON: Yes, sir. 13 COMMISSIONER LETZ: -- the page. The third one 14 down and the fourth one down were 14-2's; they went to 15 15-1's. The next one went 14-3 to a 15-2. Did all of them 16 just drop one -- well, I'll go down to the 14-10; it went to 17 a 15-7. And the one below that one went from a 14-1 to a -- 18 that's a 15. So, most of them just dropped one. I mean, I 19 guess -- 20 MS. THOMPSON: They're each going from the Grade 14 21 to a Grade 15, plus a one-step increase, which is a 2.5 22 percent increase for each one. 23 COMMISSIONER LETZ: I guess my question is, why -- 24 why wouldn't that be -- the 14-2 go to a 15-3, based on what 25 you're saying? Not that I want -- I mean, I'm happy with 6-27-11 22 1 what you're doing, but -- 2 MS. THOMPSON: A 14-2 coming up to a Grade 15, with 3 the one-step increase, would only bring that person up to a 4 15-1. 5 JUDGE TINLEY: One grade increase is equal to two 6 2.5's. One step increase is equal to one 2.5. 7 COMMISSIONER LETZ: Okay. 8 JUDGE TINLEY: So the increase, by going up in 9 grade, you back off one step. Ms. Uecker, you had a 10 question? 11 MS. UECKER: I just had a question. What did you 12 say -- I heard you say something about -- 13 COMMISSIONER OEHLER: I just said that the Court 14 supported what you had done in the past, which is basically 15 what this is, looks to me like. I didn't say I did; I said 16 the Court did. 17 MS. UECKER: Well, I didn't understand what you 18 said. 19 COMMISSIONER LETZ: Yeah, and I agree. My 20 recollection is that -- I knew it was a while back that you 21 reduced staff and everyone got bumped up some, or -- wasn't 22 it? 23 MS. UECKER: Nobody got bumped, but -- 24 COMMISSIONER OEHLER: She took one that was 25 full-time and took her to part-time, and then raised some 6-27-11 23 1 others, which may have saved us. 2 MS. UECKER: One, a half of a -- it wasn't even a 3 2.5; it was $300 a year, was the only thing. That was it. 4 COMMISSIONER LETZ: I thought we did this in the 5 prior administration, when Fred Henneke was Judge. I thought 6 we did it with your office, from my recollection. 7 MS. UECKER: It's been 20 years ago; I don't know. 8 COMMISSIONER LETZ: I just remember -- I thought we 9 did that once, the same the philosophy of supporting paying 10 more with less staff. 11 JUDGE TINLEY: We've done that, yeah. 12 COMMISSIONER LETZ: Right, and it's the same 13 philosophy. The Court has -- you know, has had that 14 philosophy for years. 15 JUDGE TINLEY: We did that several years ago in the 16 County Clerk's office. There was a position eliminated, and 17 there were four different positions that received increases 18 because of absorbing the workload of that one that was 19 eliminated. And I think it's occurred in -- 20 COMMISSIONER LETZ: Yeah, other offices. 21 JUDGE TINLEY: -- other occasions. Yeah, sure. 22 And, you know, that's the American way; become more 23 efficient, take on more work, you're entitled to additional. 24 You had a question, Ms. Bolin? 25 MS. BOLIN: Yes. Are the 14's going to be moved up 6-27-11 24 1 to 15's now? 2 JUDGE TINLEY: This would tend to indicate that, 3 now, wouldn't it? 4 MS. BOLIN: Kind of sounds that way. 'Cause I have 5 a whole bunch of 14's in my office. 6 JUDGE TINLEY: Well, I think for a few years now, 7 there has been -- been a push to try and do away with that 14 8 level, just because of the pure economics. I think at one 9 point in time, and maybe still, it may qualify for some sort 10 of assistance. 11 COMMISSIONER LETZ: You can't -- I mean, I guess 12 the -- the carrot for the Court to do this is reducing two 13 staff people. And I think if you were to reduce -- you know, 14 come up with a plan to reduce your staff, I'd certainly 15 entertain the same thing for the 14's that remain in your 16 office. But there's a -- I mean, it's not just all of a 17 sudden increasing. There's a net savings to the county of -- 18 COMMISSIONER OVERBY: At least 20. 19 COMMISSIONER LETZ: -- 20,000; probably be closer 20 to $50,000 for next year's budget. 21 MS. BOLIN: I did away with a position last year 22 that was over $30,000 and didn't get increases for my staff. 23 COMMISSIONER LETZ: Well, the County Clerk's given 24 away positions in previous years as well. So, I mean, it -- 25 this is a little bit of reshuffling, in my mind. 6-27-11 25 1 JUDGE TINLEY: Any other questions, comments about 2 the motion? All in favor of the motion, signify by raising 3 your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion does carry. 8 MS. THOMPSON: Thank you, gentlemen. 9 JUDGE TINLEY: Thank you, Ms. Thompson. Let's go 10 to Item 5, a 9:25 timed item; to consider, discuss, take 11 appropriate action to approve the preliminary revision of 12 plat for 17B and 17C of Staacke Ranch Subdivision, as set 13 forth in Volume 8, Page 163, and set a public hearing, same 14 being located in Precinct 3. 15 MR. ODOM: Yes, sir. In July of 2010, we had a 16 revision of plat for Lot 17 of Staacke Ranch Subdivision. It 17 was approved and finalized in Plat Records, Volume 8, Page 18 163. Dr. Wise owns Lot 17B and C at this time, and would 19 like to sell Lot 17C, and the current buyer wishes to enlarge 20 what he has, so he needs to go to revision of plat. Lot 17C 21 is currently 17.1 acres. Proposed lot size for 17CR will be 22 25.66 acres, and Lot 17BR will be -- become 40.02 acres. So, 23 at this time, we ask the Court to approve the preliminary 24 revision of plat for Lot 17B and Lot 17C of Staacke Ranch 25 Subdivision, Volume 8, Page 163, Precinct 3, and set a public 6-27-11 26 1 hearing for Monday, August the 8th, 2011, at 9 a.m. 2 COMMISSIONER LETZ: Leonard, I don't have any 3 problem with that. Only concern I have is coming down Wise 4 Lane, you have the cul-de-sac where then it goes on past 5 that, and that road gets very narrow. Inside the -- look at 6 the plat; you can see it. 7 COMMISSIONER OEHLER: Yeah. 8 COMMISSIONER LETZ: It gets very narrow. That 9 width is going to preclude Lot 17CR from ever being 10 subdivided again. 11 MR. ODOM: I believe that that was -- we have the 12 cul-de-sac, that half or quarter cul-de-sac there as you come 13 up. 14 COMMISSIONER LETZ: Right, I see that. But -- 15 MR. ODOM: Right. 16 COMMISSIONER LETZ: You go on down, 17C. If it -- 17 if that person ever divides -- if he wants to sell part of 18 that lot, they're not going to be able to. They're not going 19 to have access. 20 MR. ODOM: Right. 21 COMMISSIONER LETZ: I just, you know, want to point 22 that out; that it meets the rules, but I would want a note on 23 the plat that 17C can never be divided. 24 COMMISSIONER BALDWIN: Can it be divided if we do 25 nothing? 6-27-11 27 1 COMMISSIONER LETZ: If they change that 2 right-of-way width, that strip at the top coming down all the 3 way, then they could divide it. They can't meet our 4 subdivision rules with how narrow that strip is, the way I 5 look at it. And I think that -- I mean, I would recommend 6 that they make that a 60-foot strip all the way down until it 7 gets wider. That gives them opportunities for the future, 8 and if they don't want to do that, then I think a plat note 9 on it. 10 COMMISSIONER OEHLER: What they could do would be 11 buy more right-of-way. 12 MR. ODOM: They'd have to do that. I mean, it's 13 given right now; he can't do anything with it as it is. If 14 we approve it, it's dead. It's a dead issue. I mean, they 15 can come all they want; they don't have it, and Jay has got 16 to -- Dr. Wise has got to -- 17 COMMISSIONER LETZ: Sell more right-of-way. But as 18 it is, they can't divide the lot again. Maybe that's his 19 intent. I mean, I don't know, but -- 20 MR. ODOM: I don't think he -- he doesn't want 21 to -- you know, us discussing all this, he doesn't want any 22 more than just this one individual could have that. He can 23 get to his fishing hole, and he's happy. 24 COMMISSIONER LETZ: As long as the plat note's on 25 there that they can't divide it. I don't want it coming back 6-27-11 28 1 to us. 2 MR. ODOM: I'll get with him. I'll call him and 3 tell him and have the surveyor add this note, unless he wants 4 to change it. I wouldn't want to spend the money; I'd just 5 leave it. That's me. I'd make sure I wouldn't have any more 6 neighbors than that right there. 7 JUDGE TINLEY: Your request today, though, is for 8 the Court to set a public hearing on that for August 8th? 9 MR. ODOM: That is correct. 10 JUDGE TINLEY: At 9 a.m.? 11 MR. ODOM: Yes, sir. 12 COMMISSIONER LETZ: Move approval. 13 COMMISSIONER OVERBY: I'll second. 14 JUDGE TINLEY: Motion made and seconded to set a 15 public hearing on the matter for August 8th, 2011, at 9 a.m. 16 Question or discussion on the motion? All in favor of the 17 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: The motion carries. Let's go to 22 Item 6; consider, discuss, take appropriate action for the 23 final approval for revision of plat for Lots 9 and 10 of the 24 Ledge Stone Subdivision as set forth in Volume 7, Page 320, 25 Plat Records, and located in Precinct 2. Mr. Odom? 6-27-11 29 1 MR. ODOM: Yes, sir. We have already had a 2 preliminary plat review; it was done October the 25th, 2010, 3 and the public hearing was held on December the 13th, 2010. 4 And to refresh your memories, this had to do with 5 Mr. Overby's area right here, that somebody had built a -- a 6 structure over on another lot line. 7 COMMISSIONER OVERBY: A garage. 8 MR. ODOM: We were trying to remove this, and part 9 of the problem was -- was the 5 acres, and they wanted to 10 make it a little bit less, but Headwaters is saying 5 acres. 11 So, we've gone back and made sure that -- and that 12 preliminary plat, we had it. It was not finalized. These 13 people lived out of town; one lived here, one lived somewhere 14 else. We finally got all the records together. Landowners 15 were not ready, and we have included all the backup data; it 16 was given to you. So, at this time, we ask the Court for 17 their approval for the revision of plat -- of the plat for 18 Lots 9 and 10 of the Ledge Stone Subdivision, Volume 7, Page 19 320, Precinct 2. 20 COMMISSIONER OVERBY: Make a motion to approve. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the agenda item. Further question or discussion? 24 All in favor of the motion, signify by raising your right 25 hand. 6-27-11 30 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Thank you, 5 Mr. Odom. 6 MR. ODOM: Yes, sir. 7 JUDGE TINLEY: Let's go to Item 8; to consider, 8 discuss, take appropriate action to establish policy 9 regarding issuing refund checks for overpayment of fees. 10 Ms. Thompson? 11 MS. THOMPSON: Okay. Counties are typically 12 issuing checks for overpayments that are more than $10, and 13 usually they're returned or they're not cashed at all. We 14 get them returned with bad addresses. On our books, we're 15 carrying 17 checks that were issued for under $10 for 16 overpayments, refunds of fees, and some of them date back to 17 2007. We need to carry those outstanding checks on the books 18 for three years, and then at that time, they're turned over 19 as unclaimed funds to the Treasurer. What we'd like to 20 propose is that for any overpayment of fees that's $10 or 21 under, that we do not issue a refund check. We would deposit 22 the overpayment as clerk's fees unless the payer specifically 23 requests a refund. This creates a minimal additional amount 24 of revenue for the -- for the county, because it would go 25 into the general funds for those refunds. It eliminates us 6-27-11 31 1 having to issue those checks, mailing them out, having them 2 returned, trying to track down the person. And then it also 3 reduces the amount of unclaimed funds that we have to turn 4 over to the Treasurer each year for her to keep up with. 5 JUDGE TINLEY: What efforts would be made to notify 6 these people that they even have -- they've made an 7 overpayment and they have a refund due? 8 MS. THOMPSON: Usually what will happen if somebody 9 mails in a check for recording fees and there's an 10 overpayment, we issue a refund check at the end of the month. 11 We mail it out. A lot of times, they come back, no 12 forwarding address. We try and track down a current address; 13 we remail the check. A lot of times those either don't come 14 back, or they're not cashed in the end anyway. So, we've -- 15 JUDGE TINLEY: What you're telling me that is -- 16 what you're telling me is that if there is, in fact, an 17 overpayment, you would notify the payor that they've made an 18 overpayment or they sent in a check for more than what was 19 required, and they're due -- they have a credit of $8, let's 20 say, and if they wish to have a refund, please advise and 21 we'll issue you a check? 22 MS. THOMPSON: Correct. 23 COMMISSIONER LETZ: I -- I don't know that -- my 24 question would be legally, can we do it? If we owe them 25 money, we owe them money. 6-27-11 32 1 MS. THOMPSON: I know that Dallas County is doing 2 it for sure. Some of the other counties are doing it. It 3 just requires the approval of the Commissioners Court. 4 COMMISSIONER LETZ: I'd rather have the County 5 Attorney tell that. 6 MS. THOMPSON: Okay. 7 MR. HENNEKE: I'd -- I'd propose -- let me get with 8 Jannett and Ms. Thompson and look, and we can bring it back 9 later. 10 COMMISSIONER LETZ: Okay. 11 MR. HENNEKE: It's not our money; I want to make 12 sure that we're doing things right. 13 MS. THOMPSON: Okay. 14 COMMISSIONER BALDWIN: And, Ms. Thompson, this is 15 establishing a policy; it's not changing a policy. 16 MS. THOMPSON: Correct. 17 COMMISSIONER BALDWIN: Current policy. 18 MS. THOMPSON: Correct. 19 COMMISSIONER LETZ: Maybe there's some other way 20 that it can be done, maybe put it online or post a list or 21 something. But, I mean, it's not our money. 22 COMMISSIONER OVERBY: Yeah. 23 COMMISSIONER LETZ: I would -- that's the point, I 24 think. 25 MS. UECKER: I think also there may be a -- I could 6-27-11 33 1 be wrong, but I think that money has to escheat to the State, 2 not the County. 3 MR. HENNEKE: There's -- I mean, there's policies 4 in place for what Ms. Thompson's talking about, the 5 three-year period and everything, so I think we just need to 6 meet about it, and if it's -- 7 COMMISSIONER LETZ: Okay. 8 MR. HENNEKE: -- something to do, bring it back. 9 But, Linda, I'm sure you're right on that too. 10 COMMISSIONER OEHLER: Unclaimed fund or funds, they 11 send out those lists periodically, and people that have money 12 that is in the state coffers or -- you know, if it's not 13 claimed after so long, I guess the state gets it. They don't 14 send it back to us. 15 JUDGE TINLEY: I don't think we can claim it. 16 COMMISSIONER OEHLER: I don't think so either. 17 JUDGE TINLEY: The true owner can claim it. 18 COMMISSIONER OEHLER: And the state can eventually. 19 JUDGE TINLEY: Yeah. Well, I don't think there's 20 any limitation on when someone that has the money coming 21 that's been escheated to the state, I don't think there's any 22 limitations. You can come back years and years later, and if 23 you can establish you are -- you're the true owner, that's 24 it. 25 MS. WILLIAMS: Judge, I just wanted to mention on 6-27-11 34 1 unclaimed personal property -- that would be like refunds -- 2 anything $100 and over goes to the state. The department has 3 -- like the county clerks, if they have something like that, 4 they send a report directly to the State; that's done once a 5 year. Anything a hundred -- 99.99 and under comes to the 6 County Treasurer. 7 JUDGE TINLEY: And stays? 8 MS. WILLIAMS: And stays. If that individual never 9 requests the money, it -- after so many years, it becomes the 10 County's. County money. But we have to keep track of it 11 for -- 12 JUDGE TINLEY: Okay. So, if it's less than $100, 13 it eventually escheats to the county? 14 MS. WILLIAMS: Yes, sir. 15 JUDGE TINLEY: Okay. Okay. A lot of difference in 16 that, okay. Anything else on that one? Let's go to Item 9; 17 to consider, discuss, and take appropriate action regarding 18 updates on the renovation at the Hill Country Youth Exhibit 19 Center and directions for upgrades to the outdoor arena and 20 priority of phase or phases of construction. Commissioner 21 Overby? 22 COMMISSIONER OVERBY: Judge and Commissioners, 23 today again coming back, and remember at our last 24 Commissioners Court meeting on the 13th, we talked about the 25 County would be going to our 4B Economic Improvement 6-27-11 35 1 Corporation for an application on behalf of the Ag Barn 2 renovation/expansion project. To give you an update as far 3 as how that process went through today, one of the very first 4 things that we talked about, we went -- made a presentation 5 on June 20th of this -- the third Monday, which is their 6 monthly meeting here at E.I.C. As far as the presentation 7 items that we talked about in the presentation, of course, we 8 talked about the history of the ag facility here in Kerr 9 County, of the 116 acres that are out there. We -- we talked 10 about one of the programs that we recognized here in our -- 11 in our opening session of the county Commissioners Court, our 12 4-H program, talked about some of the -- that starting in 13 Kerr County in 1926 with six people. And here we see a 14 program today -- Roy, thanks for bringing that exciting 15 report today about what these kids are doing on a national 16 level. But, again, a program that's been there for -- for 85 17 years and doing a fabulous job. 18 We talked about the process and the Ag Barn, and as 19 far as the recognition of the Hill Country District Junior 20 Livestock Show, which is going to be celebrating its 67th 21 year coming up, which is the fifth largest animal stock show 22 across the state of Texas. We kind of just gave a -- a scope 23 of the programs that are being completed at the facility and 24 that are being used as far as events, which also includes a 25 new event that's going to be added this year that we're real 6-27-11 36 1 excited about as far as with the Kerrville Area Chamber of 2 Commerce and the C.V.B. here in Kerrville, also partnering 3 with the Kerr County and the City of Kerrville on the rodeo 4 event, the pro rodeo event that they've got set up on August 5 5th and 6th, with also use of a chili cook-off and a brew 6 festival that's going to be planned at the event. We're real 7 excited about this first annual event. Be talking about some 8 of those things here later on on today's agenda. 9 The request from Kerr County again as we look back 10 at the total projects, just recapping everybody's information 11 here, as you know, that we've come -- Commissioners, we 12 talked about this project. We revised our estimated cost for 13 this project that we looked at. We had a figure of $12.4 14 million. We've been very up front with everybody up front 15 when we look at doing the ag facility. We know that there 16 are engineering costs and equipment costs, and we've also 17 plugged those figures in, so we know that we have a figure of 18 $13.8 million is what we're looking at. A lot of times when 19 you hear projects, you hear an amount. You still have 20 additional expense, and so those are those expenses that 21 we're talking about. When we went to E.I.C., of course, 22 looking at what phases, we -- we're looking at two 23 facilities, again, in Phase I of being potentially -- and 24 this is what we have on the agenda to talk about today, is 25 phasing. What are priorities? As what we -- the 6-27-11 37 1 presentation that's been to this Commissioners Court and to 2 E.I.C. 3 Phase I right now currently exists of renovating 4 the indoor/outdoor arena right now, which was built in 1981, 5 and the conclusion or the completion of the outdoor arena. 6 Phase II would be, of course, the original ag facility that 7 was built in 1955, that today is over 56 years of age, and is 8 showing its age and its deterioration of the facility. And 9 then Phase III would be the development of a potential 10 exhibit center, ag-related facility that would tie into this 11 project. The request from the application on behalf of the 12 County, we were requesting $750,000 to E.I.C. for Phase I; 13 that had a cost of $1.7 million. And a request of $750,000 14 for Phase II, which had a funding request of $3.9 million. 15 Now, again, the 6.5 total on that Phase I would be -- the 6.5 16 would include the engineering costs and equipment costs in 17 that Phase I and II. Again, the request went to E.I.C. for, 18 again, $1.5 million for Phase I and Phase II. 19 Now, there were several organizations and 20 individuals, Commissioners, that were there that spoke on 21 behalf of this facility, and I see some of them that are here 22 today, and I'm glad that you're here. We had an organization 23 that spoke on behalf of this project wanting to move forward. 24 Of course, our C.V.B. Director, Sudie Burditt, made a 25 presentation, and Sudie has been a valuable tool to this 6-27-11 38 1 whole community, and we appreciate everything that she does. 2 Chamber of Commerce -- Kerrville Area Chamber of Commerce 3 members that were there, I know that Denny Foster spoke on 4 behalf of the Chamber facility and the rodeo event that's 5 coming up on August 5th and 6th. And there were other 6 members there of the Kerrville area Chamber of Commerce. Our 7 4-H members were there, Stephen Bauer and his -- his 8 daughter, Leah. Leah was there. She spoke on behalf of the 9 4-H program, and you saw some of the younger women that were 10 here earlier today, their recognition, what caliber folks 11 that we have in our community. And I appreciate, Stephen, 12 y'all being there and speaking on behalf. The Hill Country 13 Junior Livestock Association chairman was there, and some 14 other members that were there. And then business owners also 15 in our community that were sitting there and speaking on 16 behalf of this facility who had tie-ins outside the county 17 and outside the city limits of Kerrville, and also inside the 18 city limits speaking on behalf of this project. 19 The report to the Commissioners today, gentlemen, 20 is -- is when we talked about the request, my intentions were 21 to go there to look at -- we talked about the economic impact 22 to the community. I think that we all know on this -- on 23 this Court that -- we know that the economic benefit to the 24 community is the -- the benefit that's generated indirectly 25 in our community. The ag facility itself, when we look at 6-27-11 39 1 the economic benefit, has a very small return into the 2 community as far as investment and benefit. The main 3 indirect benefit is going to be generated in your 4 restaurants, your hotels. Your job creation is going to be 5 in your community, which is indirectly, that will be coming 6 to the ag facility, where they will be attending events. But 7 your -- your build-up is going to be out in the community. 8 Actually, the only direct benefit that we showed on our 9 economic impact analysis over a four-year time period, if all 10 events were built, would be about a two- to four-employee 11 expansion at the ag facility as the different phases went on. 12 So, again, the major benefit is held indirectly 13 into our community, and the ag facility, again, is only a 14 small part of our overall economic pie in our county. And 15 when we say "county," we're talking about all 49,000 folks 16 that live in the city of Kerrville and Kerr County, so that 17 -- that part of that pie there was explained as well. The 18 direction from E.I.C. is, once we made the presentation 19 requesting for Phase I and Phase II funding, we made the 20 comment that future funding for Phase III, or the exhibit 21 center, would be addressed at a later time. And so the 22 comments that came back from the E.I.C. committee that was 23 they're -- and they have a new board that's appointed there 24 right now, and the comments that came back from them to me, 25 they're wanting to expedite the economic benefit to the 6-27-11 40 1 community, and on a faster time level than we were talking 2 about. And -- and, again, what would be the timeline that we 3 would look at in trying to maximize those jobs being created, 4 the economic overall impact to our community. What's the 5 timetable? And that's one thing that we're going to talk 6 about here in a second, is phasing. If this -- if this 7 project moves forward, we need to be talking about type of 8 phasing and those type of things. So, E.I.C. basically 9 directed me to fill a -- a litany of -- list of additional 10 information that would be coming back to them that we're 11 doing and we are busy with right now to answer that question. 12 Again, if we add the economic benefit of the exhibit center, 13 we're talking about a $7 million project, almost. And that's 14 where the -- that's where the big carrot is, or your big 15 benefit to the community, is once it's built, because of the 16 events that could happen. 17 So, when we look at that, we understand that the 18 timetable that E.I.C.'s requested is to go back, and what is 19 that timetable? And we'll talk about the phasing. Do we 20 talk about how that needs to be proceeding to move forward so 21 that we can build the exhibit center in a faster area? You 22 know, do we -- do we talk about if the potential part of this 23 project was to move forward, a timetable that E.I.C. was 24 talking about is instead of building this out over a three- 25 to four- or five-year period, what would happen if we had it 6-27-11 41 1 in a -- in a more compacted area? There'd be shorter 2 timelines, but obviously, the bang for the community economic 3 benefit would come on a quicker level for us. One question 4 that was asked to us was what phasing -- what phasing do you 5 see that would be a priority? And I think that's one 6 question that we need to talk about here today, if this 7 project is to go forward. 8 Now, the question was, we started with the outdoor 9 arena facility. We've talked about the renovation of the 10 30-year-old building right there, but what about the original 11 building right now? The questions that we need to discuss 12 today, again, overall project, but if we look at phasing, is 13 maybe the first step in this process, to expedite the answer 14 that E.I.C. wants, is maybe is Phase I for this Court to 15 consider, and this project is maybe the leveling of the 16 original ag facility that was built in 1955, and it's taking 17 the show barn potentially as Phase I of this project. If we 18 look back at the history -- and, again, all the folks that 19 sit on this Court, you guys have known about this longer than 20 I have; you've talked about it. The history of the -- the 21 options for this facility, the show barn's always been a part 22 of the project; it's been discussed over and beyond, as far 23 as having the need to build a new one. 24 If we decided to look at that being the first 25 phase, leveling that building down, building that building, 6-27-11 42 1 if we had everything lined up where we had our funds in 2 place, the timeline that we would look at potentially -- and 3 this is a short timeline, but it can be done -- is to target 4 February of 2012 for the tearing down of the ag -- the old ag 5 facility, the original building, and making that Phase I of 6 this project, and through 2012 that would be under 7 construction. The renovation of the -- the outdoor arena, 8 the -- not the outdoor arena, but the indoor facility, show 9 facility, renovation would be postponed till 2013, after the 10 show barn is completed in 2012. The discussion that E.I.C. 11 wants to hear back from us was a phasing concept, where we 12 would look at -- but also, what they're asking also is if we 13 look at wanting to maximize the economic benefit on a shorter 14 time level, they're also wanting to look at, from what I read 15 through them, is that there may be other additional potential 16 funding coming from our request for the exhibit center as 17 well. 18 The question that's come up is, what -- what type 19 of participation do we see to do something like this on a -- 20 on a timely manner? Obviously, the question was asked about, 21 you know, is the County going to be a -- a player in this? 22 Is the County going to be -- at what level? And, again, my 23 comments back to them were, you know, that, obviously, the 24 County has to be a major player in consideration of this. No 25 amounts were set. The question also came back, is the County 6-27-11 43 1 open to this facility or this property being annexed? Again, 2 that's a question that has been talked about, and my comments 3 back to E.I.C. were that, again, if they looked at the Hill 4 Country Shooting Sports Center, which received a million and 5 a half dollars from E.I.C. 4B funding, it is a facility and a 6 project that is not annexed, that is outside the city of 7 Kerrville, that has had a huge economic benefit to our 8 community, and that the county -- again, as far as annexation 9 for this facility, may not need to be annexed. It all 10 depends, again, on potentially what type of participation is 11 E.I.C. willing to be in this role? Again, reminding 12 everybody that the benefit in the community is not actually 13 the ag facility itself, but it's what it attracts into our 14 community. But that discussion was talked about. 15 I -- we will be going back to E.I.C. on July 20th, 16 and I wanted to just kind of give you a -- a list of some of 17 the questions that they had requested that we are going to 18 answer for them on the 20th of this month. This 19 information -- they've asked for a capital campaign plan for 20 the total project funding detailing the amount that 21 potentially Kerr County's going to be contributing and the 22 private sector is contributing. If E.I.C. was wanting us to 23 look at maximizing this on a shorter timetable, it's going to 24 take a private/public partnership that is sharing equal 25 participation to move forward and for us to really give some 6-27-11 44 1 discussion about. If we're looking at $13.8 million, I think 2 that it would not be -- it would probably be something that 3 we could all consider, that we would look at a 4 third/third/third potentially as far as sharing this project 5 to move forward, where potentially it could come from County, 6 E.I.C., and also private funding to expedite that in a more 7 timely manner. Other information that they have asked, we 8 will have completed for them, is they've asked for a detailed 9 list of competitive markets from the county that we would be 10 competing with. 11 And I also want to say, while we're here, for the 12 court's record, Commissioner Bill Williams, who sat in this 13 seat, did extensive work over the years. I know this Court 14 is very aware of that. But this Court has looked at many 15 other facilities across this state over the last eight years, 16 nine years, and have gone to an extensive look, and looking 17 at different facilities. I will mention the Glen Rose 18 facility. I will mention the Paris facility, Bell County. 19 This County has also participated and has funded almost 20 $20,000 in doing market analysis of ag facilities like this, 21 and what benefit it would be to our community. And there has 22 been several extensive reports on this project that have all 23 been very favorable about this facility being built in Kerr 24 County. Other additional information that they're requesting 25 that will be there, an actual pro forma and statement of 6-27-11 45 1 income and list of assumptions based on market potential; 2 we'll have those forms there. We are in the process of 3 working on that. 4 They're asking for a full marketing plan within 5 eight days. I will tell you that Sudie is very -- very 6 thorough in what she's doing. We are going -- trying to 7 answer the questions that they want in a very short time 8 frame. The market plan is -- is on marketing events at this 9 facility, and we do know that if this project should go 10 forward and if it does get built, that marketing and our 11 plans with the C.V.B. will have to be working hand-in-hand as 12 far as marketing those events at that facility for long-term 13 booking events. So, that's being put together. They're also 14 asking for a list of new business commitments. There are 15 over 240 different type of meetings, conferences that this 16 county could attract with the size of facility that we're 17 talking about, and so what we're doing is narrowing those 18 numbers of those folks, definitely looking at what type of 19 new businesses could come here. It needs to know that we 20 will not start looking at -- start seeing some major economic 21 benefit for this facility until after 60 percent of this 22 project is completed, as far as bookings are concerned down 23 the road. So, we will have to move into at least having 60 24 percent of it completed where people will start seeing this 25 facility's going to be completed where they can start booking 6-27-11 46 1 for those venues down the road if this project moves forward. 2 And a couple -- one last question was a list of 3 agricultural industry representatives who reviewed the 4 concept plans for functionality. We have had several folks 5 who have looked at that facility from other areas and 6 facilities. I think more important, though, is about what 7 our local agricultural representatives and our associations 8 and our committees -- they have looked at it as well, and 9 we're obviously going to be asking for their support for the 10 concept layout of this project, for it to be discussed. So, 11 again, Commissioners, Judge, the report was -- was -- I 12 thought that hearing back from E.I.C. -- I know that Judge 13 Tinley was there that day, and many other folks from our 14 community going there to hear a request for funding for Phase 15 I and II, and then also -- what their direction was to me was 16 to go back and answer the questions that I've stated here, 17 and to come back and look at what would be the quickest way 18 that we could get our community to benefit from the economic 19 benefit, and to look at the Phase III as well for our project 20 request. There was no amount discussed. It was to basically 21 come back, and these questions that go to E.I.C. and the 22 I.R.T., and to have further discussion on this. So, I 23 present this to Commissioners Court, and we talked about some 24 of the phasing concepts, and for your feedback on this 25 project. 6-27-11 47 1 JUDGE TINLEY: Commissioner, the clear -- the clear 2 indication from E.I.C. board was that they wanted to look at 3 the entire project, not just the first two phases. In fact, 4 when there was mention made of the final phase being -- that 5 being the exhibit center, event center, that is where the 6 real economic development to the community and to the county 7 would come from. There was at one point mention made, "Well, 8 would it be possible to start that one first?" 9 COMMISSIONER OVERBY: That's correct. 10 JUDGE TINLEY: Because, obviously, the E.I.C. 11 people are concerned about the purpose of E.I.C., and that's 12 to provide for economic development for the city and the 13 county, so they want to look at the entire project. And I 14 was somewhat surprised when they did ask about maybe starting 15 the back end first, but there was a good level of reception, 16 I thought. 17 COMMISSIONER LETZ: Judge, a couple of things. And 18 I don't know where to start on all this. 19 COMMISSIONER OVERBY: It's a lot. 20 COMMISSIONER LETZ: You said so much. We may 21 almost need a workshop to look at this. I don't know that we 22 can handle all this today, and I certainly need something 23 before me to start looking at, you know, paperwork. First 24 question, is there a reason that it has to be rushed at the 25 next E.I.C. meeting? I mean, I don't -- this is too big of a 6-27-11 48 1 project to rush. Can't this be delayed a month so we have 2 some time? I mean, they asked for -- as you said, doing a 3 market plan in eight days is unheard of. And it almost -- 4 looking at their -- I'm afraid that if we rush it and make a 5 mistake, the whole thing is dead. I would rather step back 6 and go a little bit slower on it, first option. On the 7 phasing option, I don't mind looking at the whole project as 8 a whole, but step one has to be the Ag Barn portion or 9 whatever you want to call that part, because you can't tear 10 down the hog barn until we have an ag building. And the ag 11 -- and that -- and the hog barn is where the exhibit hall 12 goes, so it can't -- it has to go in phases, and the ag part 13 has to go first, to me. 14 COMMISSIONER OEHLER: I agree. 15 COMMISSIONER LETZ: But it's kind -- a lot of 16 those -- I mean, gosh, I forgot half of what you said 17 already. 18 COMMISSIONER OVERBY: It's a lot of info. 19 COMMISSIONER LETZ: And I think we just need to 20 maybe have a workshop and kind of go over that. But I really 21 would -- you know, my biggest concern is that we're rushing 22 this to get it back to E.I.C. in eight days, and I'm just -- 23 I'm not sure of the reason for that. 24 COMMISSIONER OVERBY: It's a lot of information, 25 there's no doubt about it. It's challenging, to say the 6-27-11 49 1 least. I will say this, and I -- I agree with what you're 2 saying, time frame wise. In being involved in previous 3 applications, we're -- we're going through a lot of detailed 4 information. I'm glad to do it; don't have a problem with 5 that. The time frame, Commissioner, again, I'm -- I agree 6 with you; I think a workshop is a good thing. This is a huge 7 project. I think, obviously, it's something for us to all 8 sit down -- in fact, it may need to have several where we're 9 looking at this whole thing and involving our other groups as 10 well. The timing of the -- going back to E.I.C. on the 20th 11 is a timeline -- let's say if we go back on the 20th, and 12 E.I.C. hears the request, they could potentially call for a 13 hearing, or a -- your public hearing information, which could 14 be set; they could make a motion to do that, which would mean 15 August as far as the public hearing being done, and then that 16 would be a -- you know, that time frame, then, they would 17 have to eventually go back to City Council for their vote 18 sometime in September. 19 Now, obviously, delaying it for 30 days and coming 20 back and making a presentation to them, you know, and maybe 21 answering their questions and coming back to them in August, 22 in that time frame, and then having this hearing -- public 23 hearing moved to September, that's not a -- that's not a 24 problem if the Court decides to do that, and then you're 25 looking at a -- if it got by E.I.C. with recommendations, 6-27-11 50 1 E.I.C. -- I mean, whatever their donation -- or not donation, 2 contribution would not be voted on by Council until October. 3 So, again, that's the only thing, Commissioner Letz, in just 4 trying to answer, you know, the question. Then are we -- are 5 we realistically trying to look at -- if this project moves 6 forward, you know, obviously, organizing our other groups, 7 obviously, organizing our private sector out there, getting 8 them involved, that's the only thing about pushing it back 9 another 30 days. I totally agree with what you're saying. 10 I'm just -- that's why it's here for discussion. 11 COMMISSIONER LETZ: And I guess my -- while you 12 were talking that time, I thought of two other things I 13 forgot in between. First, the -- I'm a little -- I shouldn't 14 probably -- "offend" is not the right word, but "Is the 15 County going to be a player?" The County has spent about 16 $600,000 out there. I think we're a player already. I 17 mean -- 18 COMMISSIONER OVERBY: We are. 19 COMMISSIONER BALDWIN: We're owners. 20 COMMISSIONER LETZ: And we own it. Plus we own it. 21 So, I mean, I think that -- you know, and that's what I keep 22 on bringing up, that this is a long-term phase. Phase I was 23 adding the 4-H -- taking the old horse barn, totally 24 renovating that, cleaning that all up. That was, what, 25 150,000, 200,000 we did there. Then move the outdoor arena 6-27-11 51 1 to a new space and lighting going through that. We have 2 budgeted a total for that -- that's another 300,000. So, I 3 mean, we've spent a bunch of money out there on this 4 particular project already. So, I just need -- 5 JUDGE TINLEY: Commissioner Overby pointed out that 6 we had already launched Phase I and had done quite a bit. 7 COMMISSIONER LETZ: I just need to make sure 8 that -- that's an important part. And I guess the other part 9 is, you know, on the County being a player, you know, 10 certainly, the answer to that is yes. I am not sure -- just 11 so everyone's aware, I'm not sure that I would vote for a tax 12 increase or a -- to do this facility at this time. I mean, 13 with the economy where it is and us struggling budget-wise, 14 you know, I'm totally in favor of working with, you know, 15 dedicated funds, possibly, or private sector. Doesn't have 16 to be a public/private partnership. But it's going to be 17 real hard for me to vote for a tax anticipation note, 18 something of that nature, right now when we are not giving -- 19 well, when we've asked the whole county family to cut back 20 this year. We -- 21 COMMISSIONER OEHLER: Again. 22 COMMISSIONER LETZ: Again. And, you know, I don't 23 know if you want to put -- put it before the voters. That's 24 a different whole issue to me. I don't know if we -- you 25 know, how that -- where that goes. But it's just -- we've 6-27-11 52 1 put a fair amount out there already, and in my mind, we did 2 that as seed money to get the project going. We've spent a 3 lot out there; we've done a lot of the Phase I already, and I 4 just want to make it clear, I'm voting -- if it's coming to a 5 tax increase, I'm not sure that I'm in favor of that, unless 6 it goes to the voters. 7 COMMISSIONER OEHLER: Another thing, too. We 8 continually maintain that thing from year to year. That's 9 where you spend long-term money, is in maintenance and 10 operation. But we do have to get as much public money -- 11 private money -- basically private money as we can, I think. 12 And I think one of the ways we need to talk about doing that 13 when we get into -- I do believe we need a workshop on this, 14 'cause this could be a half-a-day discussion. But there are 15 some ways, I believe, that money could be raised that were 16 pointed out recently by the Stock Show Association, and I 17 believe that they're -- I know that they're willing, from 18 what they tell me, to get involved in helping with this. And 19 I do believe we need a workshop on it. But I think we just 20 need to make sure that we -- with everything we do, we get it 21 operational; we don't just stop somewhere in the middle of it 22 and let it sit there. And that's what part of the phase 23 thing was. You know, it's like this -- the arena; it hasn't 24 been used because there's no lights on it. And, you know, 25 there's some things we can do differently with -- with that 6-27-11 53 1 part of the deal to maybe not cost so much right now, and 2 look down the road where we can take what we have to put it 3 toward the -- you know, I think my priority, and I think 4 Jon's and Buster's -- I think that we're all on the same page 5 with doing the old show barn first. We need to put 6 everything we can get into that and get it done, because 7 that's -- to me, that's the first domino that falls. Once 8 you get that done, you have more space; you can do stuff 9 while you're doing the rest of it. And I really believe 10 that's the most important phase. 11 COMMISSIONER LETZ: And I think renovation goes 12 hand-in-hand with that, the renovation of the current arena. 13 COMMISSIONER OEHLER: Exactly. That's one of the 14 least -- one of the least expensive things to do, but it 15 needs to be done. 16 COMMISSIONER LETZ: Yeah. But I think you can do 17 -- I mean, I really like the plan of doing it all at once, 18 almost. But you can't do it all at once; it still has to be 19 phased over a two-year period. I mean, I'm in favor of doing 20 it all at once, but it's got to still be phased. 21 COMMISSIONER OVERBY: That's right. 22 COMMISSIONER OEHLER: Yeah. But I would recommend 23 we set a workshop on this, but I just want to -- I want to 24 make sure that we're all on the same page, and the phases 25 being the priority, so we don't get bogged down and -- and 6-27-11 54 1 not knowing the direction. And, anyway, that's really all 2 I've got to say about it for now. 3 COMMISSIONER LETZ: Want to set a workshop? 4 COMMISSIONER BALDWIN: Do we have to have it done 5 before dark tonight? Or -- 6 JUDGE TINLEY: Dark yesterday. 7 COMMISSIONER BALDWIN: Dark yesterday. When's the 8 workshop? 9 JUDGE TINLEY: I don't think we've identified 10 probable dates for that. 11 COMMISSIONER BALDWIN: Let's do that along with our 12 budget workshops later on. Setting -- I think we have an 13 agenda item setting some budget workshops. Let's just do 14 that along with that. 15 JUDGE TINLEY: Okay, we'll run that in there. Is 16 that okay with you, Commissioner? 17 COMMISSIONER OVERBY: Yeah, looks good. 18 JUDGE TINLEY: Okay. Let's do our 10 o'clock timed 19 item; to consider, discuss, take appropriate action to 20 authorize Juvenile Probation Department to hire additional 21 staff, replace existing/anticipated vacancies. Mr. Davis? 22 MR. DAVIS: Morning, Your Honor, Commissioners. 23 Appreciate your time. I'm here to ask for a variance -- for 24 a waiver. I understand that the current policy or standard 25 before the Court is that there is a -- has been a hiring 6-27-11 55 1 freeze imposed. We have a staff member that is leaving, one 2 of our officers, and I would ask that you allow me to fill 3 that position for the officer that is departing. 4 JUDGE TINLEY: Officer's due to depart when? 5 MR. DAVIS: The 30th, Thursday. 6 JUDGE TINLEY: This week? Okay. 7 MR. DAVIS: Yes, sir. 8 COMMISSIONER LETZ: This is, I mean, a -- basically 9 a staffing requirement? You can't go down in staff and meet 10 the workload? Or could you go down in staff? 11 MR. DAVIS: We could not go down in staff and meet 12 the workload with the same level of service. We can make 13 anything work, but -- but we wouldn't be able to do what 14 we're doing now. We've had about a -- depending on how you 15 look at the numbers, a 15 to 25 percent reduction in our 16 overall cases, as far as the referrals that are coming in, 17 and I strongly believe that a major part of that is the 18 resources that the board and this Court has allowed us to put 19 into providing services to youth in the county. 20 COMMISSIONER OEHLER: But it's not mandatory like 21 detention? 22 MR. DAVIS: There are mandatory numbers that we 23 must meet. We are not looking at bursting that bubble right 24 now, but we do have a formula that we have to have a certain 25 number of staff per referral. But we're not close to that 6-27-11 56 1 number at this time. We were 12, 18 months ago; right now 2 we're not. 3 COMMISSIONER OEHLER: So you could go down a staff 4 member if you had to? 5 MR. DAVIS: We can go down a lot of staff members. 6 But -- 7 COMMISSIONER OEHLER: And still get the job done? 8 MR. DAVIS: Absolutely not. 9 COMMISSIONER OEHLER: I had a feeling that was the 10 answer I was going to get. I just had to ask. 11 MR. DAVIS: That's right. 12 COMMISSIONER BALDWIN: Judge, the agenda item on 13 here says "authorize Juvenile Probation Department to hire 14 additional staff." I would make a motion to re -- to hire a 15 person. Not -- 16 COMMISSIONER LETZ: Delete the word "additional"? 17 JUDGE TINLEY: Replace the officer. 18 COMMISSIONER BALDWIN: And replace the officer 19 that's leaving. And while you're -- I make that motion. 20 JUDGE TINLEY: All right. 21 COMMISSIONER BALDWIN: If we can get a second, I'd 22 like to hear about that person that's leaving. 23 MR. DAVIS: She's decided to take a step down from 24 county government. 25 JUDGE TINLEY: Let's -- let's see if we can get us 6-27-11 57 1 a second first. That's what the Commissioner based his 2 motion on. I have a motion. Do I hear a second? 3 COMMISSIONER OVERBY: I'll second that. 4 JUDGE TINLEY: We have a motion and a second. 5 Commissioner? Now your inquiry. 6 COMMISSIONER BALDWIN: Would you tell us about the 7 person that's leaving? 8 MR. DAVIS: I will. Thank you for the inquiry, 9 Commissioner. She has decided to take a step down from 10 county government. Officer Jessica Gomez has accepted an 11 appointment at the Academy for the Federal Bureau of 12 Investigation. She'll be going, I believe, the 16th of this 13 month into the Quantico, and -- or into Virginia, rather, and 14 beginning her experience with the federal government. So, we 15 wish her a lot of luck and all of the blessings and great 16 things that she deserves. She's worked very hard for a 17 number of years for this, and I know that the board and 18 myself and the entire staff has been behind her and wish her 19 a lot of luck. 20 COMMISSIONER BALDWIN: That's fantastic. 21 JUDGE TINLEY: Anything else, Commissioner? 22 COMMISSIONER BALDWIN: No, sir. That's fantastic. 23 MR. DAVIS: Thank you, Commissioner. 24 JUDGE TINLEY: Any other question or discussion on 25 that motion? All in favor of the motion, signify by raising 6-27-11 58 1 your right hand. 2 (Commissioners Baldwin and Overby voted in favor or the motion.) 3 JUDGE TINLEY: All opposed? 4 (Commissioners Letz and Oehler voted against the 5 motion.) 6 JUDGE TINLEY: We have two and two; is that my 7 understanding? The chair votes in favor of the motion. 8 Motion passes. 9 MR. DAVIS: Thank you all. 10 JUDGE TINLEY: Let's go to Item 11; to consider, 11 discuss, and take appropriate action on proposal for HVAC at 12 the Ingram annex. Mr. Bollier? 13 MR. BOLLIER: Yes, sir. I believe y'all have all 14 got a copy of it. I have a bid proposal here for a three-ton 15 electric heat system for 55, and a three-ton heat pump system 16 for 59. Now, then, I went and talked to my air-conditioner 17 person, and he will sell us -- he will put in a condensing 18 unit and a new air conditioning unit for $3,900 with a used 19 condensing unit. The 55 and 59 is brand-new stuff, but he's 20 going to sell us a used condensing unit, and it will knock it 21 down to 3,900 instead of 55 or 59. 22 COMMISSIONER BALDWIN: Wait a minute, do that again 23 for me. I'm sorry, I missed it. 24 MR. BOLLIER: Okay, sir. 25 COMMISSIONER BALDWIN: Where'd this person come 6-27-11 59 1 from with the 39? 2 MR. BOLLIER: He's going to put in a used 3 condensing unit instead of a new one. 4 JUDGE TINLEY: But a new compressor unit? 5 MR. BOLLIER: Yes, sir. 6 COMMISSIONER BALDWIN: I see. 7 JUDGE TINLEY: So the air handler and condenser 8 will be a -- a used unit, but the compressor would be new. 9 MR. BOLLIER: That's exactly right. 10 JUDGE TINLEY: Still include all the ductwork? 11 MR. BOLLIER: That includes outlets and ductwork, 12 six supply grills, the platform for air handler, 410-A freon, 13 new copper, electrical, digital thermostat and wire, PVC 14 drain, and filter base. 15 COMMISSIONER OVERBY: Let me ask you a question. 16 Does -- and I'm familiar with, you know, today the 17 energy-efficient. There's nothing on this here about 18 energy-efficient systems. You know, we have government 19 rebate programs. I don't know if we're able to capitalize -- 20 seriously, I put one in my house, and $1,500 rebate. I've 21 cut my electric bill in half. And so if we're able to take 22 this system right here that's 55, 59, and we're eligible for 23 a government rebate of 1,500, and our electric bill in that 24 facility can be cut in half, trying to get a used one for 25 3,900, the cost savings for the county is going to be a whole 6-27-11 60 1 lot quicker if we can take advantage of that. Do they answer 2 my question about a government rebate on energy-efficient 3 air-conditioners? 4 MR. BOLLIER: I can ask those questions. 5 COMMISSIONER OVERBY: I mean, to me, it's just 6 something -- I think that they're out there, and electric 7 bills literally will be cut in half. 8 JUDGE TINLEY: I think we've -- we've made that 9 inquiry before, and that those -- those -- 10 COMMISSIONER OVERBY: Don't qualify? 11 JUDGE TINLEY: -- tax credits and so forth, I 12 think, are available for individuals. 13 COMMISSIONER OVERBY: Okay. 14 JUDGE TINLEY: We also -- I had Ms. Lavender check 15 and see if there were something under the SECO that could be 16 used to acquire that, and she came back and said good try, 17 but won't work. But I appreciate her looking. Let me ask 18 you, Mr. Bollier, is the used unit -- that's using a heat 19 pump compressor; is that right? 20 MR. BOLLIER: Yes, sir. 21 JUDGE TINLEY: Okay. So, that's the heat pump as 22 opposed to the standard -- just the electrical. Okay. 23 MR. BOLLIER: Yes, sir. 24 COMMISSIONER LETZ: What is the long-term prospect 25 of this building? 6-27-11 61 1 MR. BOLLIER: For that, you will have to ask that 2 man next to you. 3 COMMISSIONER OEHLER: That's a good question. 4 COMMISSIONER OVERBY: Good question. 5 COMMISSIONER BALDWIN: And the following question 6 is, is it a normal procedure for us -- for a renter to 7 provide heating and air conditioning -- and, by the way, I 8 drove by and saw the tree. I don't see that tree as any of 9 our business. 10 COMMISSIONER OEHLER: It's not. 11 COMMISSIONER BALDWIN: How far do we go with this 12 thing? 13 COMMISSIONER OEHLER: Well, you know, the thing is, 14 we're only renting, but part of the building is 15 un-air-conditioned and unheated, and that's the part that the 16 courtroom and the jury room and all that stuff is supposed to 17 be. And so it's -- you know, it's going to be a little -- 18 little uncomfortable back there, you know. Of course, we're 19 not trying to make it comfortable for everybody. But as far 20 as long-term plans go, I think there's some options we need 21 to look at. And I don't know that that's on this agenda 22 item, but it's probably -- if it's not, I'm not sure we can 23 discuss it. 24 COMMISSIONER LETZ: Are we going to be there for a 25 year? Two years? Five years? 6-27-11 62 1 COMMISSIONER OEHLER: I would hope it would be -- 2 in my mind, it would be a year, two, three, however we can 3 work it out. I haven't talked with the landlord about more 4 than one year, but I think I should, and make some kind of an 5 arrangement to get everybody on the same page, because it's 6 not been done yet. But I do hope that we -- we will wind up 7 with that building. I believe the building -- I think we'll 8 save money in the long-term. 'Cause we can't build one the 9 size that that one is for what our architect says it will 10 cost for one that's a little over half that big. 11 COMMISSIONER LETZ: So, we're -- I mean, this is a 12 -- we don't know, 'cause we are renting, but it's a 13 possibility of a long-term solution. 14 COMMISSIONER OEHLER: I would say it's a 15 possibility of a mid- to long-term lease and/or purchase, or 16 a combination of both. 17 COMMISSIONER LETZ: I mean, with that being said -- 18 and I'm not opposed to putting some kind of a unit back 19 there, but if that's the prognosis, I'm -- I'm much more in 20 favor of making sure it's energy-efficient, going with the 21 heat pump, the new one. I mean, if it's -- if we were going 22 to be there two years, then I'd go with cheapest thing we can 23 do. 24 COMMISSIONER OVERBY: Right. 25 COMMISSIONER LETZ: But if we're going to -- 6-27-11 63 1 COMMISSIONER OEHLER: Yeah, I don't know that. 2 COMMISSIONER OVERBY: There's such a big savings 3 now on these energy-efficient A/C's. 4 COMMISSIONER BALDWIN: Judge, there's a lady out 5 here that I think is kind of trying to jump up and down. 6 MS. RICKERT: Sorry, I have a question. Why -- 7 JUDGE TINLEY: Come forward give us your name and 8 address, please, and let us know what your question is. 9 MS. RICKERT: My name is Polly Rickert, and my 10 question is, why isn't the landlord putting this in? 11 COMMISSIONER BALDWIN: Good question. 12 JUDGE TINLEY: I think I can answer that. 13 MS. RICKERT: Yeah? 14 JUDGE TINLEY: When we leased the property, we did 15 so knowing if we wanted to utilize a lot of the additional 16 space in there that was unfinished, that that would be up to 17 us to do. We leased it as it is. The area that we may want 18 to use in the future, or which I think the Justice of the 19 Peace wants to use fairly quickly, is his courtroom and jury 20 room, and it has no climate control equipment for it. 21 MS. RICKERT: So -- but you're saying there's a 22 possibility that you're going to end up purchasing this 23 building, negotiating a purchase. So, if I'm looking at it 24 as a renter, and I'm making an improvement to my landlord's 25 property, and then I'm going to later turn around and buy 6-27-11 64 1 that property, the appraisal value's going to go up because I 2 improved it. So, what's in it for me? 3 COMMISSIONER OEHLER: Kind of caught in the middle. 4 MS. RICKERT: Exactly. So what about the option of 5 renegotiating with the landlord for them to make the 6 improvements to the un-air-conditioned space, and renegotiate 7 your lease cost for that portion going forward within the 8 existing lease period? At least that way you haven't spent 9 $11,000 and then have the $11,000 charged back to you on the 10 appraisal value when you go to buy the property. Or the 11 guy -- your landlord now benefits by 11,000-plus, 'cause he's 12 going to sell a totally air-conditioned and heated building, 13 when before he only had a partially heated and 14 air-conditioned building. 15 COMMISSIONER OEHLER: I see your point. Your 16 point's well-taken. 17 COMMISSIONER LETZ: That's why we -- 18 COMMISSIONER OEHLER: That's why we need to figure 19 out where we're going. Just -- we got to do something in the 20 meantime, or we just got to say we'll use it like it is until 21 we figure it out. 22 MS. RICKERT: Well, you can at least try to 23 renegotiate your existing lease term to get the landlord to 24 do it. 25 COMMISSIONER OEHLER: I can tell you -- 6-27-11 65 1 MS. RICKERT: And have him recover -- 2 COMMISSIONER OEHLER: -- it probably won't happen 3 without an additional increase in the lease -- 4 MS. RICKERT: Right, but that may be more 5 cost-effective than shelling out $11,000 for just two years 6 of use. 7 COMMISSIONER OEHLER: You're exactly right. 8 COMMISSIONER LETZ: We won't be shelling out 9 11,000. 10 COMMISSIONER OEHLER: We're just looking at it to 11 see the cost. 12 MS. RICKERT: It looks like it's doubling, the way 13 it's -- 14 COMMISSIONER LETZ: It's 59, not 11. It's still a 15 lot of money. 16 MS. RICKERT: Got you. It's still money. 17 COMMISSIONER OEHLER: Right. 18 MR. BOLLIER: Thank you, ma'am. 19 JUDGE TINLEY: Mr. Bollier, the -- going with the 20 used condenser unit, that's -- the concern is the air 21 handler. 22 MR. BOLLIER: Yes, sir. 23 JUDGE TINLEY: -- unit. The compressor -- the heat 24 pump compressor would be a new compressor, though? 25 MR. BOLLIER: Yes, sir. 6-27-11 66 1 JUDGE TINLEY: Okay. 2 MR. BOLLIER: Yes, sir. 3 JUDGE TINLEY: So you get the benefit of the energy 4 efficiency with the -- with the heat pump compressor, even 5 with the used -- 6 COMMISSIONER OEHLER: I suggest we delay this to 7 our next meeting and let me visit with the landlord. 8 JUDGE TINLEY: Good point. 9 COMMISSIONER OEHLER: We'll go from there. 10 MR. BOLLIER: Okay. 11 JUDGE TINLEY: Okay. Let's go to Item 12; 12 consider, discuss, take appropriate action to declare old 13 tractor implements and other various equipment as surplus; 14 allow Maintenance Department to recycle. Run it across the 15 scale? 16 MR. BOLLIER: Yes, sir. 17 JUDGE TINLEY: See how much we can get for it. 18 MR. BOLLIER: I believe you have a list on the 19 back; I believe each one of you do. 20 COMMISSIONER OEHLER: What kind of fan do you got 21 out there? One of those fans from the -- 22 MR. BOLLIER: No. It's been out there -- it's been 23 out there forever, since I've been here. I don't even -- 24 it's just a big old box fan. 25 COMMISSIONER OEHLER: Does it work? 6-27-11 67 1 MR. BOLLIER: I don't think so. I could go plug it 2 in and check it. That's one thing I have not checked. 3 COMMISSIONER OEHLER: Maybe they could use it in 4 the animal barn there. 5 MR. BOLLIER: They might. 6 COMMISSIONER OEHLER: If it works. 7 COMMISSIONER LETZ: What are you going to -- are 8 you going to recycle? Why wouldn't we put it on one of our, 9 you know, sources that we sell this stuff? You know, not the 10 Ebay, but, you know, government surplus, some of that. 11 MR. BOLLIER: I can do that, too. 12 COMMISSIONER LETZ: Well, I mean, I'm not sure 13 exactly what all this is. I would suspect you might get 14 something for it. I don't know about the barrels. 15 MR. BOLLIER: There's two tractor roofs. When I 16 say tractor roofs, they're -- you're not going to sell those, 17 okay? It's just metal. They're no good. You're not going 18 to put them on anything. So, to me, that's just recycle, to 19 take in and sell at the recycle center in Center Point. The 20 same way with that V-crimp tin; it's messed up tin that's 21 there. It's got holes in it, just stacked there. 22 COMMISSIONER LETZ: Not new; it's old. 23 MR. BOLLIER: Not new. The old barrels, they got 24 holes in them. I just -- instead of taking them to the dump, 25 I can gain a couple bucks. And this metal platform, like I 6-27-11 68 1 was telling the Judge this morning, I have no idea what it 2 is. It's been there since I've been here. It has not been 3 moved out of that same spot. 4 COMMISSIONER LETZ: Okay. 5 MR. BOLLIER: I have no idea what it is. 6 COMMISSIONER LETZ: Brush hogs? 7 MR. BOLLIER: No, it's not a brush hog, just a 8 platform of some sort. 9 COMMISSIONER LETZ: You got two brush hogs on your 10 list. 11 MR. BOLLIER: I have two brush hogs on there that 12 the gears -- when I talked to Sonny out at the barn, he said 13 the gears were not any good in those brush hogs, and I will 14 make sure that I check that before I -- I will put them on 15 the tractor and make sure they do not work before I haul them 16 off. But this stuff is under -- 17 COMMISSIONER LETZ: What kind of hay racks are 18 they? 19 MR. BOLLIER: I don't know. That's the ones that 20 you remember during the stock show that we used for 21 barricades over there with the barrels on the bottom, and the 22 barrels are rotted out. 23 COMMISSIONER LETZ: Okay. I just -- anything we 24 can do to try to sell the brush hogs, even if they're not in 25 very good shape, those -- you may get $100 a piece. You're 6-27-11 69 1 not going to get that much for recycling them. The rest of 2 it sounds like it's trash. 3 COMMISSIONER BALDWIN: I learned something new. 4 Can you take this kind of stuff to the recycle center? 5 MR. BOLLIER: Oh, yeah. They take anything in 6 Center Point. 7 COMMISSIONER LETZ: You haven't been down there? 8 COMMISSIONER BALDWIN: Oh, Center Point? 9 MR. BOLLIER: Oh, yeah. 10 COMMISSIONER BALDWIN: I see. 11 COMMISSIONER OVERBY: Go by and look at the mounds 12 of scrap metal. It's not -- 13 COMMISSIONER BALDWIN: I saw that. 14 COMMISSIONER OVERBY: It's mountains. 15 COMMISSIONER LETZ: They're going to have to put a 16 new turn lane in right there; it's dangerous with so many 17 people turning in, old pickups filled with -- 18 MR. BOLLIER: Commissioner Baldwin, two weeks ago 19 Sonny and them cleaned out the sheds, and they took over 20 there some old lawnmowers that did not work, I think four or 21 five of them. It would have cost 70 to 80 bucks to take them 22 to the dump. We made $57. So -- 23 COMMISSIONER BALDWIN: That's a good thing. 24 COMMISSIONER OVERBY: Check and see on that 25 property up there. 6-27-11 70 1 COMMISSIONER BALDWIN: Do we need to send 2 Environmental Health over there? 3 MR. BOLLIER: Keep bringing them in, closing them 4 down some. 5 COMMISSIONER LETZ: They've done very successful 6 out there. 7 MR. BOLLIER: Oh, yeah. 8 COMMISSIONER BALDWIN: Big pile of stuff; I saw it 9 yesterday. 10 COMMISSIONER LETZ: I move we declare the list 11 surplus, and with the brush hogs -- if you can look at the 12 value of those. That's all surplus, in my mind. 13 MR. BOLLIER: Okay. And if I can put them on 14 Gov.deals, I will, if they're worth it. I just don't think 15 they are, sir. 16 COMMISSIONER OEHLER: See if the fan works. 17 COMMISSIONER OVERBY: That's exactly right; see if 18 the fan works. 19 MR. BOLLIER: I'll check the fan, too. I'll check 20 the fan. 21 COMMISSIONER LETZ: I'd put it all as surplus; then 22 he can sell that. 23 COMMISSIONER OEHLER: Okay. I'll second your 24 motion. 25 JUDGE TINLEY: He can dispose of whatever he feels 6-27-11 71 1 appropriate. 2 COMMISSIONER LETZ: Right. 3 JUDGE TINLEY: Okay, I have a motion and a second 4 as indicated. Further question or discussion? All in favor 5 of the motion, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. Why don't 10 we go ahead and take us about a 15-minute recess, mid-morning 11 break here. 12 (Recess taken from 10:29 a.m. to 10:46 a.m.) 13 - - - - - - - - - - 14 JUDGE TINLEY: Okay. Let's come back to order, if 15 we might. We've got a 10:30 timed item. Item 14; 16 presentation by Liberty National representative regarding 17 supplemental insurance for employees. I understand this is a 18 short presentation. If you'll come forward, give us your 19 name and address, and -- 20 MR. SMEDLEY: Yes, good morning. My name is Rex; 21 the last name is Smedley, with Liberty National. The 22 regional office that we represent is out of Austin; 223 West 23 Anderson Lane, Austin, Texas, 78752. I've given you a 24 packet. And what's amazing to me, this is about my 55th 25 commissioners court to be in front of, and I'm still nervous, 6-27-11 72 1 so I don't understand that part of it. But if you'll pull 2 out this little blue folder, I'm going to follow just a 3 couple of things in that. If you go back to the next to the 4 last page, I want to introduce Liberty National to you in 5 case you have not heard of Liberty National. Liberty 6 National is not a new company; it's a company that's been 7 around for quite some time. It's -- the home office for this 8 organization is McKinney, Texas. That houses 1,000 employees 9 every day that go to work. 10 It was established back in 1900, as you can read 11 there, and today Torchmark Corporation is the organization 12 that owns not only Liberty National, but also Globe Life and 13 Accident, American Income, United American. It's a financial 14 holding company. The unique thing about Torchmark is it's 15 paid dividends to the stockholders now for 48 consecutive 16 years, and Mr. Warren Buffet is one of the largest 17 stockholders. We're very proud of where Liberty National 18 stands. His main reason for investing is we don't waste 19 money. We look to save money wherever we can, not only for 20 us, but also for our clients. If you back up one page, there 21 will be several boxes there of different products that we 22 provide. We specialize not only with businesses, but with 23 individuals. We are serving the community across the United 24 States through over 180 offices that we have. You can see 25 that we offer life insurance, cancer insurance, as well as 6-27-11 73 1 some accident insurance. 2 Very unique products in a lot of ways, but I do 3 want to focus our attention this morning on one main product 4 that tends to be our flagship product, which is a life 5 insurance product. And I understand the -- the bombardment 6 you may probably get from different life insurance 7 opportunities that come your way, but this is a very unique 8 product. The group term life insurance policy is the one 9 that I'm mentioning here. And I hate to be flip-flopping, 10 but if you go back toward the first page where we started, 11 Liberty National's group term policy, it is a guaranteed 12 never to increase premium. Now, this is very unusual for a 13 term life policy. If a 22-year-old person purchases this 14 policy for a very minimal amount, that premium will stay the 15 same for the rest of their life till age 100. It will not go 16 up. I wish I would have gotten this when I was 22. 17 COMMISSIONER BALDWIN: What if they live to be 101? 18 MR. SMEDLEY: The policy is paid up at age 100. 19 COMMISSIONER BALDWIN: I see. 20 MR. SMEDLEY: We are adding a -- we have a party, 21 actually, when you -- when you reach 100. But the policy is 22 100 percent portable. It does have to be purchased at the 23 workplace through payroll deduction, and there's some 24 advantages to that I'll mention in a second. But this is 100 25 percent portable. If they leave that job for any reason -- 6-27-11 74 1 if they quit, if they retire, if they get fired -- they are 2 able to keep this policy on a personal bank budget, and then 3 when they get a new job, allow us to know where they work, 4 and we'll meet with that employer. But this truly is a 5 policy that is 100 percent portable. Nothing has to be done 6 when they leave; just keep paying the same premium on the 7 same policy that they've had the entire time. It is unlike 8 any other term policy available. We're the only company in 9 the nation that offers this through payroll deduction. 10 The qualifying is very easy. It is on the spot, 11 yes or no. I got about 30 agents that work with me out of 12 the regional office in Austin. We are there to service our 13 clients, but when we meet with an employee, we determine 14 right there on the spot, yes or no, whether they can get the 15 policy. A nurse is not going to come out. There's no 16 swabbing. There's -- there's no paramedic visits. It's a 17 series of health questions, yes or no. And we still insure 18 diabetics as long as the needle is not used, high blood 19 pressure, cholesterol, some of the common conditions that we 20 deal with. So, the underwriting is very -- very unique. It 21 is a level face amount. Nothing decreases as you get older. 22 When you turn 70, nothing changes. You just keep paying the 23 premium, and the policy is going to be there. 24 Now, for you as a county, the benefit is the 25 pre-tax qualification. The I.R.S. allows up to 50,000 face 6-27-11 75 1 amount group term life insurance policies to be 2 payroll-deducted, pre-taxed. Now, we have about 85 percent 3 of the counties in Arkansas, about 60 percent of them up in 4 Missouri, and there's 254 counties in this -- in this great 5 state of Texas, and we're working hard to work with every 6 single county across the United -- well, the United States, 7 but definitely Texas. We're here today to show you guys 8 hopefully how we can save y'all money and allow y'all to 9 provide a benefit to your employees that they can't get 10 anywhere else. We are recruiting. I'm not here to do that 11 today; I assume y'all are happy with your jobs. Just kidding 12 there. But we -- as a company, this does give a pretty good 13 rate right here at the bottom of that page. It gives an 14 example of a 25-year-old male. A whole-life policy would 15 cost them about $8 a pay period, but our group term policy is 16 about $3 a pay period. It is a very, very good-priced 17 product. 18 One thing I always talk about with employers, as 19 well as commissioners, is this is probably not a policy that 20 you would want to jump on. You probably have your financial 21 planning in place. This is more for the working men and 22 women that typically have no other insurance except for 23 whatever maybe y'all give them as county employees. But, 24 again, as a reminder, when they leave as employees of this 25 county, they can't take that with them. If they -- if they 6-27-11 76 1 can, there's a lot of hoops they got to jump through. This 2 is a very, very good policy, very affordable. Our average 3 premium when we deal with folks is only about $6 to $8 a pay 4 period, and that -- our average face amount's right at the 5 30,000 to 50,000 face amount. And that is something that 6 families really, really need at the time when something 7 happens. We see it all the time where folks are trying to 8 buy that big one, that $200,000, $300,000 policy, can't 9 afford it, and drop it. Someone passes, and then they're 10 caught financially. 11 And so, again, we offer a very unique cancer 12 opportunity and an accident policy that's just excellent. 13 We're not here to compete with anything that you may have in 14 place right now. You may have AFLAC; you may have Colonial. 15 We don't come in and recommend that you drop them. We're 16 just simply really recommending that you enhance what you're 17 currently offering. It's on a voluntary basis. The 18 employees don't have to buy a thing. And one thing that 19 Liberty National does, I'll tell you in closing, that is very 20 nice; everyone that sits down with us is able to get a 21 no-cost life insurance program. Liberty National provides to 22 each employee, including volunteer firemen and the 23 hard-to-insure folks -- it's guaranteed -- issues a $3,000 24 accidental death policy on the employee. It also puts $3,000 25 on their spouse and $1,000 on their dependent children that 6-27-11 77 1 live at home. That is a gift that Liberty National does. No 2 cost to you, the employer, and no cost to the employee for 3 the first year. They get a premium notice year two, and it's 4 $10 annually to keep it for a whole family. If they don't 5 want to keep it, they just don't pay that $10. And it's 6 almost a thank you for sitting down with us as an employee. 7 And this is what Liberty National is able to do. 8 As I look at your county, the projected tax savings that -- I 9 see y'all have approximately about 300 employees; is that 10 correct? Give or take? We know from experience that half of 11 those employees will purchase from us. Same thing in Frio 12 County and Shelby County and Burnet County and the other 13 counties that we have across Texas, and cities. We know from 14 experience that half the employees will purchase. If just 15 half of your employees -- if 150 of them purchase at about a 16 $40-a-month average premium, that's getting us close to 17 $7,000 a month in collective premium from all your employees. 18 That will be taken from their paychecks pre-taxed. We know 19 that about 10 percent, roughly, on that monthly amount is 20 going to not be paid in payroll taxes that you currently pay, 21 because it's not coming out, so we project a $7,000 to $8,000 22 a year tax savings for your county just by allowing us to 23 come in and offer these products on a voluntary basis. 24 JUDGE TINLEY: You mentioned that on your -- on 25 your life policy, that there was a qualifying aspect. So, 6-27-11 78 1 it's not an open enrollment? 2 MR. SMEDLEY: It is not a guaranteed issued 3 product, I think is more what you're thinking. Like with 4 what -- your group term that you probably offer now, that is 5 a guaranteed issued product. You can give that to every 6 employee. Now, the employee doesn't pay any, or very little. 7 But, again, that's a product that doesn't go with them. Ours 8 is -- is not -- well, ours they're able; it's portable. And 9 the underwriting is a series of nine health questions. And, 10 really, the conditions that knock folks out are mostly the 11 life-threatening -- on oxygen, in hospital, cancer, 12 terminal-type illnesses that knocks folks out. 13 JUDGE TINLEY: Thank you. Any questions for the 14 gentleman? Thank you, sir. We appreciate you coming here. 15 COMMISSIONER OVERBY: Thank you. 16 MR. SMEDLEY: If I may ask, is there a time that 17 you guys will be making a decision on whether we would be 18 able to offer this to your employees? 19 JUDGE TINLEY: This is a matter we'll probably take 20 up during budget. And we're going to have a series of 21 workshops beginning probably sometime next month, and any -- 22 any decision to be made about that matter would be during 23 those preliminaries. And, of course, then the final decision 24 will come during the budget, which would probably be sometime 25 in September, if -- if we go true to form. 6-27-11 79 1 MR. SMEDLEY: Okay. 2 JUDGE TINLEY: Okay? 3 MR. SMEDLEY: Of course, it doesn't cost y'all 4 anything, so the budget -- the only presentation to folks is 5 the savings that it'll be, 'cause it does not cost y'all a 6 dime to do this. 7 JUDGE TINLEY: Okay, thank you. 8 MR. SMEDLEY: Thank you for your time. 9 COMMISSIONER OVERBY: Thank you. 10 JUDGE TINLEY: Let's go to Item 13; to consider, 11 discuss, take appropriate action to take one 4-by-2 gas gator 12 and two push mowers out of Maintenance Department inventory 13 and place them in the Sheriff's Department inventory. Mr. 14 Bollier? 15 MR. BOLLIER: As y'all know, we got our new 16 equipment in, and so I had promised the Sheriff that I would 17 do this, and so I'm just asking the Court to allow me to do 18 so. 19 COMMISSIONER BALDWIN: I move for approval. 20 COMMISSIONER OVERBY: I'll second that. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Question or discussion? What are you getting in 23 return from the Sheriff? 24 MR. BOLLIER: I'll figure that out later, sir. 25 JUDGE TINLEY: Okay. Okay. 6-27-11 80 1 MR. BOLLIER: Got him smiling, Judge. 2 JUDGE TINLEY: Like the proverbial possum, huh? I 3 see. Okay. Any other questions? All in favor of the 4 motion, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion carries. 9 MR. BOLLIER: Thank you. 10 JUDGE TINLEY: Let's go to Item 15; consider, 11 discuss, take appropriate action to set budget workshops. 12 Commissioner Letz? 13 COMMISSIONER LETZ: I just asked that this be on 14 the agenda so we can start looking at workshops, because I 15 know that I have -- my calendar's getting kind of busy, in 16 July, anyway. August, not so much. But I wanted to kind of 17 get an idea to start planning my schedule for the next couple 18 months. I believe we used to usually have them in -- 19 sometimes we have them on court days in the afternoons. 20 COMMISSIONER BALDWIN: Yeah. Yeah. 21 JUDGE TINLEY: Biggest problem I have on court days 22 in the afternoons is I've got juvenile cases. 23 MS. HARGIS: Last year we had them on Tuesday. 24 JUDGE TINLEY: Tuesday? And some on Wednesday, as 25 I recall, Tuesday afternoon and Wednesday. Also, we need to 6-27-11 81 1 plug one in for the -- 2 COMMISSIONER OVERBY: Ag facility. 3 JUDGE TINLEY: -- that facility. We probably want 4 to load it towards the front, I would think. 5 COMMISSIONER OVERBY: Yeah. 6 JUDGE TINLEY: On the workshops, I -- for my 7 purpose, I would like to have on the -- at least the first 8 workshop on the budget dealing with staffing levels, step and 9 grade, and capital items that would have budgetary impact. 10 Those are -- there's been a lot of work done on the pencils 11 and all that sort of stuff. That's, as far as I know, been 12 pretty well filtered out, and we're looking at more major 13 items, such as the ones I just mentioned, and that's what I'd 14 like to have on the first budget workshop. 15 COMMISSIONER BALDWIN: I agree. 16 COMMISSIONER LETZ: Where are we on getting 17 appraisal tax roll numbers that are pretty good? 18 MS. BOLIN: I was told that we should get them 19 around July 1st or shortly thereafter, the certified. 20 JUDGE TINLEY: Which is much earlier than usual. 21 COMMISSIONER OEHLER: Yeah, last year they came 22 real late. 23 JUDGE TINLEY: Yeah. Well, they -- they're due 24 what, 26 July? 25 MS. BOLIN: 26th or 27th. 6-27-11 82 1 COMMISSIONER OEHLER: Well, they had so many 2 reviews last year too, protests, and probably have a bunch 3 this year to get a final -- final-final. 4 JUDGE TINLEY: They're going to certify the roll 5 early this year. I'm not sure what the rationale -- 6 MS. BOLIN: Because they're within 2 percent of the 7 certification. 8 COMMISSIONER OEHLER: Oh, okay. 9 JUDGE TINLEY: Okay. 10 MS. BOLIN: They don't have near as many protests 11 this year. 12 COMMISSIONER LETZ: So, the 12th, Tuesday? 13 COMMISSIONER OVERBY: That's good with me. 14 COMMISSIONER BALDWIN: I'm there. 15 JUDGE TINLEY: Okay. 16 COMMISSIONER LETZ: 9 o'clock? 17 COMMISSIONER BALDWIN: Judge? 18 JUDGE TINLEY: I've got mental health. 19 COMMISSIONER BALDWIN: Your little list of items 20 that you'd like to tend to early on, -- 21 JUDGE TINLEY: Mm-hmm. 22 COMMISSIONER BALDWIN: -- I agree with you. Do you 23 see any reason that we would want to address insurance as 24 well? Health insurance? 25 JUDGE TINLEY: If -- obviously, if we have some 6-27-11 83 1 numbers to look at, yeah. 2 COMMISSIONER BALDWIN: Yeah. 3 JUDGE TINLEY: If available, that would certainly 4 be an appropriate one to plug in as early as we can. 5 COMMISSIONER BALDWIN: Are we expecting any numbers 6 from Austin, by any chance? 7 JUDGE TINLEY: I understand we ought to be able to 8 get some in July, but exactly when in July, I'm -- but we can 9 go ahead and plug it into the first one, and if it's there, 10 fine. If it's not, we'll just roll it till the next one. 11 COMMISSIONER BALDWIN: The only reason I brought it 12 up is 'cause Jody's been complaining about it, and I wanted 13 to get it out of the way. 14 JUDGE TINLEY: In the mornings, I have mental 15 health. Now, if we can start at, say, around 10:30 in the 16 morning, that would be okay, or -- or any time in the 17 afternoon. 18 COMMISSIONER LETZ: How about we do it in the 19 afternoon? 1:00? 1:30? 20 COMMISSIONER OVERBY: That's fine. 21 JUDGE TINLEY: 1:30. 22 COMMISSIONER BALDWIN: What day is this? 23 COMMISSIONER OVERBY: That -- 24 JUDGE TINLEY: 14th. 25 COMMISSIONER BALDWIN: 14th at 1:30? 6-27-11 84 1 COMMISSIONER LETZ: 14th? 2 JUDGE TINLEY: Excuse me, 12th. I don't know where 3 I came up with that. 4 MS. HARGIS: 12th is on a Tuesday. 5 COMMISSIONER BALDWIN: I thought we did 9 o'clock. 6 COMMISSIONER LETZ: No, he has mental health. 7 COMMISSIONER BALDWIN: Boy, does he. So, what -- 8 JUDGE TINLEY: Need all the help I can get, right? 9 (Laughter.) 10 COMMISSIONER LETZ: 1:30 on the 12th. 11 COMMISSIONER BALDWIN: 1:30. 12 COMMISSIONER LETZ: Is that going to be the list 13 you have, plus Ag Barn? 14 JUDGE TINLEY: Staffing levels, step and grade, 15 capital expenditures, health benefits, and Youth Exhibit 16 Center expansion. 17 COMMISSIONER BALDWIN: That's a long day right 18 there. 19 JUDGE TINLEY: Mm-hmm. 20 COMMISSIONER OVERBY: All right. 21 COMMISSIONER LETZ: That ought to knock out a good 22 part of it right there. 23 JUDGE TINLEY: If we can get it all done. Why 24 don't we go ahead and schedule another one. 25 COMMISSIONER OVERBY: That would be good. 6-27-11 85 1 COMMISSIONER LETZ: 19th? 2 COMMISSIONER OEHLER: Same thing? Same time on the 3 19th? 4 JUDGE TINLEY: 1:30? 5 COMMISSIONER BALDWIN: Very good. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER OVERBY: The question I have there, I 8 -- I do have, on the 19th, Colonia Fund grant, O.S.S.F. 9 project applications are going to be going on in Center 10 Point, and I believe here, if I'm not mistaken. Is that 11 correct? 12 MR. GARCIA: That is here on the 19th. 13 COMMISSIONER OVERBY: We have that from 10:00 to 14 6:00 here, the applications day. So -- 15 MS. BOLIN: And they're using this -- 16 MS. GRINSTEAD: And they're using our courtroom. 17 COMMISSIONER LETZ: How about the 20th? 18 MS. HARGIS: That's E.I.C., isn't it? 19 SHERIFF HIERHOLZER: What hot topics are y'all 20 going to talk about on that day? 21 JUDGE TINLEY: Not sure. 22 COMMISSIONER LETZ: Are you going to be here? 23 SHERIFF HIERHOLZER: That week, I won't. I'll be 24 back -- 25 COMMISSIONER LETZ: Sheriff. 6-27-11 86 1 SHERIFF HIERHOLZER: You'll schedule the Sheriff's 2 Office? 3 COMMISSIONER OEHLER: We'll take care of you. 4 SHERIFF HIERHOLZER: Thank you. 5 JUDGE TINLEY: So, we're looking at the 20th at 6 1:30. 7 MS. HARGIS: What time does E.I.C. start? 8 COMMISSIONER OVERBY: Well, no, it's the following 9 Monday. Excuse me. The 20th -- well, we're going to be 10 discussing the ag facility on the workshop on the 12th. 11 JUDGE TINLEY: Mm-hmm. 12 MS. HARGIS: When do they meet? 13 COMMISSIONER OVERBY: 18th, so that will work. 14 COMMISSIONER LETZ: Do you have AACOG on the 20th? 15 COMMISSIONER OVERBY: I have AACOG on the 27th 16 of -- 17 JUDGE TINLEY: E.I.C. on Monday, the -- on Monday, 18 the 18th, though. 19 COMMISSIONER OVERBY: Yeah. I could do -- I could 20 do the 20th. 21 COMMISSIONER LETZ: Okay. 22 COMMISSIONER OVERBY: What time are we looking at. 23 JUDGE TINLEY: 1:30 again? No, you want to do that 24 one in the morning? 25 COMMISSIONER LETZ: 1:30 is fine, either way. 6-27-11 87 1 JUDGE TINLEY: Let's just leave it at 1:30. 2 MS. GRINSTEAD: No question if you leave it at 3 1:30. 4 JUDGE TINLEY: Huh? 5 MS. GRINSTEAD: I don't have a question if you 6 leave it at 1:30. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER LETZ: Is that enough for right now? 9 JUDGE TINLEY: Yeah, that ought to do it. If we 10 need more, we can schedule them. Okay. Did that knock that 11 one out? 12 COMMISSIONER BALDWIN: I guess we don't need a 13 court order or anything to approve that? Or -- I don't 14 think -- 15 JUDGE TINLEY: We just post it; we're done. 16 COMMISSIONER BALDWIN: Very good. 17 JUDGE TINLEY: And we will post it -- the second 18 one -- well, as we get closer to that one, we may have a 19 better handle if we're going to tie it specifically to 20 something. Let's go to Item 16; to consider, discuss, take 21 appropriate action on minor modifications to Kerr County 22 Subdivision Rules and Regulations. Commissioner Letz? 23 COMMISSIONER LETZ: Judge, we're going to, I think, 24 pass on this. I have visited with the County Attorney a 25 little bit, and I forgot; we do need to get -- get some 6-27-11 88 1 consultation at least with T.W.D.B., Joe Reynolds, what we're 2 looking at here because of our requirements there, and also I 3 think visiting with the County Attorney and Ray Garcia. 4 Probably Bruce and I will get together with them and go over 5 what we're looking at to try to figure out -- it seems it's 6 coming to Bruce's and my attention for -- Lee Voelkel brought 7 it to us, but it's something that's been on my mind for a 8 while, is that we require a lot of work on O.S.S.F. at 9 platting. And I've never really figured out -- you know, 10 there's a requirement or state law to review it, but -- by 11 Environmental Health Department under Chapter 285, but 12 exactly how far that review goes is what we're looking at, on 13 some of the large tracts, as to how much detail has to be 14 done before any -- there's any structures even anticipated. 15 I always had a question in my mind how can you plan for 16 O.S.S.F. before there's even a plan to build anything, 17 because on any tract of land, there is a system that can go 18 in legally. The cost may be rather high, but there is 19 something that can be done. So, that's what -- the problem 20 that we're looking at. But I'd like a little more time for 21 Bruce and I to get the with the County Attorney and Ray 22 Garcia, and also during that period, Rob can get with Texas 23 Water Development Board. 24 JUDGE TINLEY: Okay. Let's go, then, to Item 17; 25 consider, discuss, pending or proposed interlocal agreements 6-27-11 89 1 with City of Kerrville for various services or operations; 2 take any appropriate action thereon. I put this on the 3 agenda in the event we had anything firm from the City. We 4 do not have anything before us in the way of a -- a firm 5 proposal that -- that Commissioner Letz and I, as the -- I 6 guess the lead negotiator, we'll call it, for lack of a 7 better term, have to lay in front of you. We do have a 8 meeting with City principals tomorrow afternoon, I believe it 9 is, to discuss some of these items, and hopefully coming from 10 that, we may be in a position to bring you something 11 subsequent to that. But that's essentially where we are. 12 Anything else? 13 COMMISSIONER LETZ: Only comment I have, part of 14 the reason this was on our agenda is -- and trying to meet 15 with City staff, was that they had a deadline when they sent 16 for all these agreements, and I think it was July 1st, and 17 we're working on them, obviously. We got those agreements 18 rather late. And I wanted to make sure that we communicated 19 prior to City Council tomorrow night, when -- like, at City 20 Council agenda, I don't believe this is on their agenda 21 either. 22 COMMISSIONER OVERBY: I didn't see it on there. 23 COMMISSIONER LETZ: So, there is -- they understand 24 that we're communicating back and forth. And I know Rob has 25 been having some communication with Mike Hayes. We've been 6-27-11 90 1 in communication with our negotiating counterparts over at 2 the city, so things are progressing. 3 COMMISSIONER OEHLER: We wish you luck. 4 JUDGE TINLEY: Okay. Let's go to Item 18; 5 consider, discuss, take appropriate action to amend 6 authorized representatives in TexPool. Ms. Williams? 7 MS. WILLIAMS: Yes, sir. Good morning. Right now 8 the County Auditor and I are the only two authorized 9 representatives on the TexPool accounts, and we would like to 10 add Tracy Soldan so that in case Jeannie or I are out for 11 some reason, and something needs to be transferred in or out 12 of TexPool, Tracy would be able to handle that for us. 13 JUDGE TINLEY: And I believe she -- that during 14 this past year, she completed training as a certified 15 investment officer, did she not? 16 MS. WILLIAMS: As a county investment officer, yes, 17 sir. 18 MS. HARGIS: This is her second year. 19 MS. WILLIAMS: It's her second year. She just -- 20 COMMISSIONER BALDWIN: Second. 21 THE REPORTER: I'm sorry, I didn't hear who made 22 the motion. 23 COMMISSIONER LETZ: I did. 24 JUDGE TINLEY: Motion made and seconded for 25 approval. 6-27-11 91 1 COMMISSIONER BALDWIN: I don't know if I was 2 agreeing to the second year she had her... 3 MS. WILLIAMS: Thank you. 4 COMMISSIONER OVERBY: He's the second. 5 COMMISSIONER BALDWIN: I seconded the motion. 6 JUDGE TINLEY: I have a motion and a second. 7 Question or discussion? All in favor, signify by raising 8 your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Let's go to 13 Item 19; to consider and discuss, take appropriate action to 14 adopt a resolution and order to approve the GASB 54 standards 15 and applications. New GASB standards regarding fund balance 16 definition must be approved by the governing body before the 17 end of our current year -- I assume that means fiscal year. 18 Kerr County Auditor, Keith Neffendorf, has requested the 19 Court adopt and approve these standards as required by the 20 AICPA. Ms. Hargis? 21 MS. HARGIS: All of you received some material on 22 GASB 54; I kind of talked around it. The main difference -- 23 and I think I'd like to bring this up in one of your 24 workshops rather than go in detail today, but in the past, 25 you've been used to two terms in fund balance called 6-27-11 92 1 "unreserved" or "reserved," and that was the only two terms 2 that you used. In GASB 54, they have now made this into four 3 different terms. There -- it's a different wording, 4 supposedly to help the outside investors understand our 5 financial statements to be more in line with corporate 6 America. I don't know that "committed" and "uncommitted" and 7 "unassigned" is necessarily going to do that. I need to go 8 through our books and give you an example of exactly what 9 would be committed, what would be unassigned, so that you 10 understand before we do any specific orders. All you're 11 doing now is accepting GASB 54 as -- as your standard. 12 That's all you're doing, that you will comply with those 13 requirements. And we can make them all unassigned. There's 14 nothing that says we have to make this complicated. But I 15 have to present all of it to you. The debt service will be 16 committed, because you commit that as part of your order when 17 you do your tax anticipation notes. Your capital will be 18 committed as well, because that's -- when you do your debt 19 service, you commit to the capital projects. 20 The other revenue accounts, your miscellaneous, 21 what they call special revenue that we -- for instance, that 22 we divide up, like our Juvenile Detention fund, the numerous 23 funds that we have for small projects, like our records that 24 all the clerks have and so forth, those will have to be 25 considered possibly in some of the different terminology. 6-27-11 93 1 But right now, I'm thinking that we're just going to do 2 three, and the last one will be unassigned. The reason for 3 that is it gets very complicated. You have to make sure that 4 the first three are funded, and you can't show a negative 5 fund balance there, so you have to move money in those so 6 that they are positive fund balances, and then the only place 7 you can show a negative is in unassigned. So, it's -- it's a 8 little more complicated than I had anticipated that it was 9 going to be, and I'm hoping that I'll have some counties that 10 have actually done it so that I can show you a little bit of 11 an example. The one thing you don't want to do is to commit 12 something and then not be able to use it for anything else. 13 That would be my biggest fear. And so what they're saying is 14 there's just different levels. If you'll review those, I'll 15 come up with some examples for you so that you can relate our 16 books to that. But as I told the County Attorney, this is 17 just to state that you will go along with the Governmental 18 Accounting Standards Board's requirements to set your audit 19 up so that you have those categories. That's all you're 20 doing today. 21 COMMISSIONER BALDWIN: Ms. Hargis, where is the 22 resolution? 23 MS. HARGIS: I don't have a resolution. 24 JUDGE TINLEY: Wait a minute. 25 COMMISSIONER BALDWIN: Well, let's see. 6-27-11 94 1 MS. HARGIS: I think we have a sample resolution 2 that I gave you. 3 COMMISSIONER BALDWIN: Okay, tell me where that is. 4 MS. HARGIS: It should be in the material that I 5 gave to Jody. 6 COMMISSIONER OVERBY: Right here. Do you have 7 that? 8 COMMISSIONER BALDWIN: Well, that just -- 9 COMMISSIONER OVERBY: There's no signatures there. 10 That's just a -- 11 MS. HARGIS: They're just samples, because I can't 12 make policy, and I really can't make a resolution. 13 COMMISSIONER BALDWIN: The agenda item says that 14 we're going to discuss and take appropriate action to adopt a 15 resolution. Where is the resolution? 16 MS. HARGIS: Page 1 of 4 is one. 17 COMMISSIONER LETZ: I think -- yeah, but I think 18 what Commissioner Baldwin is saying, we need -- 19 COMMISSIONER BALDWIN: It says -- 20 COMMISSIONER LETZ: Someone needs -- before we can 21 take action, someone needs to write a resolution. 22 MS. HARGIS: I did, but unfortunately it didn't 23 e-mail over, I guess. I can get it off the sample that came 24 over. 25 COMMISSIONER LETZ: Can we do this at our next 6-27-11 95 1 meeting? 2 MS. HARGIS: I guess we can, but we need -- the 3 sooner, the better. But we need to get it done, 'cause I'm 4 going to have to explain. I had one, but I guess when I 5 e-mailed it, it didn't come over. I put "Kerr County" in all 6 these spots. 7 COMMISSIONER BALDWIN: This thing -- that 8 resolution in here just says who we are and how wonderful we 9 are. 10 MS. HARGIS: I can go and print it off of mine. 11 COMMISSIONER BALDWIN: Which -- 12 COMMISSIONER LETZ: Is it -- is it a resolution 13 that has to be signed by the Court, or can we authorize -- by 14 all members of the Court? Or -- 15 MS. HARGIS: Yes. 16 COMMISSIONER LETZ: Can we go ahead and approve it 17 and authorize the County Judge to sign? 18 COMMISSIONER OEHLER: Here it is right here. 19 COMMISSIONER BALDWIN: Tell me where. 20 COMMISSIONER OEHLER: It's on the computer; I've 21 got it pulled up on page -- let me see. 22 MS. HARGIS: I thought I did it. 23 COMMISSIONER OEHLER: Page 1. It says, "Resolution 24 Approving the Adoption of GASB 54 Standards and Applications 25 Thereof." 6-27-11 96 1 MS. HARGIS: It -- doesn't it have Kerr County in 2 it? 3 COMMISSIONER OEHLER: No, but it's got a place that 4 you can -- 5 MS. HARGIS: Okay. I have one that's -- I mean, I 6 can go print it and bring it back. 7 JUDGE TINLEY: That's the format, merely. 8 COMMISSIONER OVERBY: We got that. We have that. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER OEHLER: Well, does she want to do 11 that before we adjourn this meeting today, and get it done? 12 Or do you want to go ahead -- 13 MS. HARGIS: I mean, all I have to do is print it. 14 It's ready. It's basically the same as this. 15 COMMISSIONER LETZ: Why don't we move on to the 16 next agenda item, and she can go print a copy, and then we 17 can look at it. Then we can be done with it today. 18 COMMISSIONER BALDWIN: Is this it? 19 COMMISSIONER LETZ: Don't we have a closed session? 20 Rob, are we going into executive session? 21 MR. HENNEKE: We need to. It won't take long. 22 COMMISSIONER LETZ: During that period, we could 23 get this done. 24 JUDGE TINLEY: Yeah, we can come back. 25 MS. HARGIS: Don't you have Item 20? 6-27-11 97 1 JUDGE TINLEY: Okay, let's go to Item 20. 2 Consider, discuss, take appropriate action to authorize 3 alternate bid specification for lighting for the outdoor 4 arena. Commissioner Oehler? 5 COMMISSIONER OEHLER: Well, I don't see Peter Lewis 6 here. He was supposed to have something written up to go out 7 for alternate bid, if necessary -- if necessary. And he is 8 not here, so I guess that we will pass that. We don't have 9 anything to look at. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER LETZ: Can I -- I know time's a little 12 bit of an issue. Could the Court not -- does the Court know 13 what the problem is? I know I've talked to Bruce about the 14 reason. 15 COMMISSIONER OEHLER: Yeah. 16 COMMISSIONER LETZ: About the three-phase issue? 17 JUDGE TINLEY: Mm-hmm. 18 COMMISSIONER LETZ: Okay. I mean, I don't know why 19 the Court couldn't authorize Commissioner Oehler to come up 20 with -- if we did need an alternate, to go to Peter Lewis and 21 prepare that and get it handled. I mean, and the Court could 22 come back and -- and look at this. It's an issue as to how 23 we need to handle -- 24 JUDGE TINLEY: Yeah. The alternate is solely 25 to make the bid specs for single-phase as opposed to 6-27-11 98 1 three-phase. 2 COMMISSIONER OEHLER: That's all. 3 JUDGE TINLEY: Need to get the bid spec. 4 COMMISSIONER OEHLER: And that's all it is. 5 JUDGE TINLEY: He did the current bid spec, so he's 6 going to do the single-phase bid spec. So, it's not rocket 7 science. 8 COMMISSIONER OEHLER: Oh, no. Then we -- at that 9 point, then we have to also authorize that to be rebid. 10 JUDGE TINLEY: Mm-hmm. 11 COMMISSIONER OEHLER: Under the alternate bid. But 12 it's not really listed that way to go out for bid. It's just 13 to prepare -- authorize alternate bid specification. I don't 14 mind doing that, because I think he's already got it done. 15 He's just not here today. 16 COMMISSIONER LETZ: Yeah. 17 COMMISSIONER OEHLER: And he did not send it to me, 18 so I can't really present it to you. But I'm more than 19 willing to do that. I've been working on it from the 20 beginning. 21 COMMISSIONER LETZ: The issue is that the bids that 22 we sent out were for three-phase, and we don't have a 23 three-phase location, so we need to get an alternate to do 24 single-phase. 25 COMMISSIONER BALDWIN: I see, okay. 6-27-11 99 1 COMMISSIONER OEHLER: But we do have -- I will say 2 that there is three-phase, and I think rather than setting it 3 in those poles, we can go underground and not have 4 obstructions. So, we'll see what comes in on Friday. 5 COMMISSIONER BALDWIN: So, what's wrong with this 6 agenda item? 7 COMMISSIONER OEHLER: Nothing, really. I guess 8 there's nothing wrong with it. I just -- I hate not to have 9 something in front of me to show you. 10 COMMISSIONER BALDWIN: I just take your word for it 11 that the first one is not going to work. 12 COMMISSIONER OEHLER: No, it may work. It may 13 work, but we don't know yet. We don't open the bids till 14 Friday. 15 COMMISSIONER OVERBY: That's at 9 o'clock on 16 Friday? Is that when we had it set up? 17 COMMISSIONER OEHLER: 9 o'clock. But I'm more than 18 willing to continue on, and because this thing needs to be 19 pushed, 'cause we're running out of time to get some things 20 done, the lighting done for us. 21 COMMISSIONER LETZ: I'll make a motion to authorize 22 Commissioner Oehler to get with Peter Lewis and the County 23 Attorney, should it be necessary to go out with an alternate 24 bid package for single-phase electric at the -- lighting at 25 the -- 6-27-11 100 1 COMMISSIONER OEHLER: Okay. 2 COMMISSIONER LETZ: -- outdoor arena. 3 COMMISSIONER OVERBY: I'll second that. 4 JUDGE TINLEY: Motion made as indicated. 5 COMMISSIONER BALDWIN: You can do that. That's 6 great. 7 JUDGE TINLEY: Further question or discussion on 8 the motion? All in favor of the motion, signify by raising 9 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. We now have 14 the certificate for resolution specifically delineated as 15 Commissioners Court of Kerr County following the -- the 16 format that was included within your materials for 17 consideration and possible adoption under Item 19. We're 18 back to that item now. It's rather lengthy; I won't bother 19 recalling it, but we we're on that item now. 20 COMMISSIONER LETZ: And that resolution is -- 21 Ms. Hargis, is just as it was in the backup? You just put 22 Kerr County in? 23 MS. HARGIS: Yes. 24 JUDGE TINLEY: Do I hear a motion for adoption of 25 the resolution as presented? 6-27-11 101 1 COMMISSIONER BALDWIN: Judge, upon the 2 recommendation of the County Auditor, I move for approval. 3 MS. HARGIS: Here's a copy for each of you. 4 COMMISSIONER OEHLER: I'll second. 5 JUDGE TINLEY: Motion made and seconded for 6 adoption of the resolution as presented. Question or 7 discussion? All in favor, signify by raising your right 8 hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion carries. Okay. Let's 13 now go to Section 4 of the agenda, payment of the bills. 14 COMMISSIONER BALDWIN: I move that we pay the 15 bills. 16 COMMISSIONER OVERBY: I had a question on the 17 bills. 18 COMMISSIONER BALDWIN: Are you going to second my 19 motion? 20 COMMISSIONER OVERBY: I will second, with a 21 question. 22 JUDGE TINLEY: Okay. We have a motion and a 23 second. Question or discussion? 24 COMMISSIONER OVERBY: Question, if I can get to it. 25 Just for clarification, it was on the -- if I can find it 6-27-11 102 1 here. Again, just from my -- it was on the scanning. 2 MS. HARGIS: Mm-hmm. 3 COMMISSIONER OVERBY: Records -- old records 4 preservation. 5 MS. HARGIS: 67,000. 6 COMMISSIONER OVERBY: On Page 19. 7 MS. HARGIS: Page 19? 8 COMMISSIONER OVERBY: Yes. I mean, the company, 9 Image Tek, that's something we've constantly -- that's who 10 we've always usually contracted with? 11 MS. HARGIS: It's a three-year contract that we 12 signed to do in phases. 13 COMMISSIONER OVERBY: Okay. 14 MS. HARGIS: So this is the second year of the 15 phase; we have one more. 16 COMMISSIONER OVERBY: They do an outstanding job 17 and continue to do what we like to see? 18 MS. THOMPSON: Yes, sir. 19 COMMISSIONER OEHLER: Not like the one Ray had. 20 COMMISSIONER OVERBY: Well, that's the question. 21 Like I said, just for my information. 22 MS. HARGIS: And that is coming out of the funds 23 that are dedicated for that type of use. 24 COMMISSIONER OVERBY: Okay. I just -- thank you. 25 I just wanted to make sure that was a different company than 6-27-11 103 1 what we're looking at. Thank you. 2 JUDGE TINLEY: Other questions? Comments? Let me 3 go to Page 20, airport. 4 MS. HARGIS: Hmm? 5 JUDGE TINLEY: We've got two entries in there. One 6 is I.H.R. Security. Coming from contingencies for just under 7 $2,100. Looks like electrical surge. I'm trying to figure 8 out the relationship between I.H.R. and electrical surges. 9 MS. HARGIS: This is the security service that -- 10 their security system was really what was damaged the most, 11 and it wouldn't work, and that's what they had to have 12 repaired. 13 JUDGE TINLEY: Okay. Okay. And we -- and we own 14 that, and/or are leasing it from them, and they had to repair 15 it? 16 MS. HARGIS: Yeah, they had to repair it. I think 17 we own it. Actually, it's part of the building. But it 18 wouldn't turn off, turn on. I mean, that's -- that's what 19 was affected the most, was the alarm system and the doors. 20 COMMISSIONER LETZ: This was the result of a fire 21 on the power surge? 22 MS. HARGIS: Yeah. 23 COMMISSIONER LETZ: And -- 24 MS. HARGIS: We've asked for the insurance, so it's 25 probably going to be a reimbursement, but we had to get it 6-27-11 104 1 fixed, because it wouldn't -- the alarm wouldn't stop going 2 off. 3 JUDGE TINLEY: Okay. Let me go to the next item 4 there, Flasher Equipment, the next item up. Traffic control 5 devices. $4,200, roughly. 6 MS. HARGIS: Right. 7 JUDGE TINLEY: Was that in connection with all this 8 taxiway and all that sort of stuff that was going on out 9 there that we're doing under that grant? 10 MS. HARGIS: No. It's my understanding from Bruce 11 at the last meeting there were some modifications that needed 12 to be done to the lights for fog and different things, and so 13 they were waiting on that to be done before they added them. 14 But this -- this is part -- they voted on it to come out of 15 contingencies, but this is something they needed to add for 16 bad weather, and they were waiting on it. And they'd had 17 some complaints from some of the pilots, so -- 18 JUDGE TINLEY: So it's not part of the capital 19 aspect out there with regard to -- 20 MS. HARGIS: It's -- 21 JUDGE TINLEY: -- all those big runway projects and 22 taxiway/drainage? 23 MS. HARGIS: No, it's other -- it's repairing and 24 -- and adding to the existing light fixtures that are already 25 out there on the runway. 6-27-11 105 1 COMMISSIONER OEHLER: Would it not be considered an 2 upgrade, maybe? 3 JUDGE TINLEY: I'm just wondering if it's not a 4 capital item. Because of -- 5 MS. HARGIS: No. No. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER OEHLER: It's not something, though, 8 that we would cost share? 9 JUDGE TINLEY: Well, if it's capital, we would cost 10 share. 11 COMMISSIONER OEHLER: That's what I'm saying. But 12 this is evidently not considered to be that. 13 MS. HARGIS: No. It's -- this was brought up at 14 the meeting, and the board approved it to come out of this 15 line item. 16 JUDGE TINLEY: Okay. That's all I got. Any 17 others? All in favor of the motion, signify by raising your 18 right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion carried. Budget 23 amendments. We have a summary sheet, Items 1 through 7. 24 Actually, 3 of those are just income items, aren't they? 25 MS. HARGIS: Yes. 6-27-11 106 1 COMMISSIONER BALDWIN: What is Number 7, though? 2 Tell me about that. 3 COMMISSIONER OEHLER: That's where Tim sold all 4 that -- all that stuff on Gov.deals, and he's taking the 5 revenue to pay for his new equipment. 6 COMMISSIONER BALDWIN: I see. 7 MS. HARGIS: It was unexpected revenue, so we have 8 to budget it. 9 MR. BOLLIER: Yes, sir, that's exactly right. 10 MS. HARGIS: Yes. 11 COMMISSIONER BALDWIN: Very good, Timmy. 12 COMMISSIONER LETZ: Move approval. 13 COMMISSIONER BALDWIN: Second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval of the budget amendments as shown by the summary, 16 Items 1 through 7. Question or discussion? All in favor of 17 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: The motion carries. Do we have any 22 late bills? 23 MS. HARGIS: I don't see any in my packet. 24 JUDGE TINLEY: No. Reports? I've been presented 25 with monthly reports from Justice of the Peace, Precinct 3; 6-27-11 107 1 Justice of the Peace, Precinct 4; Constable, Precinct 4; and 2 the District Clerk. Do I hear a motion that the indicated 3 reports be approved as presented? 4 COMMISSIONER BALDWIN: So moved. 5 COMMISSIONER OVERBY: Second. 6 COMMISSIONER OEHLER: Second. 7 JUDGE TINLEY: Motion made and seconded that the 8 indicated reports be approved as presented. Question or 9 discussion on the motion? All in favor of the motion, 10 signify by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion carries. Reports from 15 Commissioners in connection with their liaison or other 16 assignments. Commissioner Baldwin? 17 COMMISSIONER BALDWIN: Nay. 18 JUDGE TINLEY: Commissioner Overby? 19 COMMISSIONER OVERBY: Not at this time. 20 JUDGE TINLEY: Commissioner Letz? 21 COMMISSIONER LETZ: I don't think so. 22 JUDGE TINLEY: Commissioner Oehler? 23 COMMISSIONER OEHLER: Well, just continuing to work 24 with the Ag Barn and Stock Show Association, and -- and, of 25 course, stay up pretty much on what Ray has going, because he 6-27-11 108 1 always seems to let me know about it with Environmental 2 Health. And I guess that's about it. 3 JUDGE TINLEY: Okay. Reports from elected 4 officials or department heads? 5 SHERIFF HIERHOLZER: Jail population is staying 6 about the mid-140's. Females are a little bit higher; it was 7 23 last week. Of course, you know the max we can handle is 8 32. That's a little bit concerning. Other than that, I was 9 notified by our attorney and Rob that one of our lawsuits 10 that we've had pending has been disposed of. It was thrown 11 out by the federal judge. He -- and Rob has written what I 12 think is an excellent A.G.'s opinion request on my behalf. 13 Y'all may have seen it, where we are requesting to see if we 14 can install a rainwater cachement system out there using 15 commissary funds to help with some of the projects, and 16 become a little bit more self-sufficient at the jail. Other 17 than that, we don't have anything else going on. 18 JUDGE TINLEY: Do we know what Tim's going to get 19 in trade for the gator and lawnmowers? 20 SHERIFF HIERHOLZER: His employees won't have to do 21 quite as much mowing. 22 COMMISSIONER LETZ: Reducing maintenance workload. 23 COMMISSIONER OEHLER: That's right. So he doesn't 24 have to increase staff, right? He can go down one, like he 25 is. 6-27-11 109 1 SHERIFF HIERHOLZER: I don't think it's going to 2 reduce it that much. 3 MR. BOLLIER: No. 4 JUDGE TINLEY: Okay. Anybody else? Ray? 5 MR. GARCIA: A few things. Commissioner Overby had 6 mentioned earlier about the application intake for the 7 O.S.S.F. grant. That will be Monday, July 18th. The first 8 one that will be held will be in Center Point ISD cafeteria 9 from 3 p.m. to 6 p.m. And then Tuesday, July 19th, here in 10 the Commissioners Courtroom, starting at 10 a.m. to 2 p.m., 11 with a break from 2:00 to 3:00, starting back up at 3 p.m. to 12 6 p.m. Grantworks will be here. We'll also be here, and one 13 of the staff members, Julie, will be here for -- to be our 14 interpreter during these two application intake sessions. 15 It'll be put out, circulated with the Daily Times, Wednesday 16 and Friday. Also, the scanned records file, the problem that 17 we're having down there, I will be authorizing some 18 overtime/comp time to try to work on these files after hours, 19 because it interrupts our day-to-day operations when we're 20 trying to focus on looking at all the files that we have in 21 there. We have the hard copy files, but they're in the same 22 situation that our e-files are in. It's just a complete 23 mess. So, what we're doing is going through each file -- and 24 these are thousands of files -- meticulously, and we're also 25 finding files that are lost, embedded in other files, and 6-27-11 110 1 having to take them out and reestablish those files, because 2 these files are used on -- like a lot of other files, these 3 are used on a day-to-day basis. People will call in wanting 4 their files on their property. And a good example of this 5 was Friday; a lady was getting ready to buy a piece of 6 property. Her system -- the drainfield was on somebody 7 else's property. And there again, she wouldn't have known 8 that during the course of this, which I guess the deal fell 9 through, because they were requesting them to move the 10 drainfield off of the property, that this was not found in 11 the subdivision back whenever it happened. But anyways, 12 things like that, again, people come in, request these files, 13 and we look through the files. If we don't find them there 14 in the -- in the Laserfiche, we go and try to find them in 15 the hard copy files. So, staff will be -- a couple staff 16 members will be working an hour here, an hour there, four 17 hours on Saturday, trying to remove and reorganize all our 18 files again. 19 COMMISSIONER OVERBY: We're documenting all those 20 hours that we're spending? 21 MR. GARCIA: We're -- I'm starting that up, yes. 22 COMMISSIONER OVERBY: Got to make sure we keep up 23 with those hours. 24 MR. GARCIA: I'm documenting the hours. 25 JUDGE TINLEY: Question. You mentioned overtime 6-27-11 111 1 and you mentioned comp time. 2 MR. GARCIA: We don't have the overtime line. It's 3 just comp time. 4 JUDGE TINLEY: Okay. So you're really talking 5 about comp time? 6 MR. GARCIA: Just comp time that they'll be 7 getting. That's what's going to be happening until we get 8 all these files back to where I was before I had them 9 scanned. Because, basically, it's like I said before; 10 they're starting over again, and those records -- it took us 11 three years to go through all of them. And what I mean when 12 I say "us" is Julie and myself going through each file and 13 putting everything back in order, and making sure that we had 14 the ProDoc notation in there. So, now we are starting over 15 again. This time we're doing it on the computer and the hard 16 copy. One other thing. I had some chairs that I had taken 17 out of our surplus -- we go, and in an attempt to, I guess, 18 try to be frugal and save money in my budget, I would use 19 chairs from the surplus. I'm just putting this out as a 20 recommendation, that maybe that not -- I learned a lesson. 21 I'm not going to do that any more to try to save money, 22 because we had a conference, and a gentleman was sitting in 23 one of the chairs, and the chair broke. And, luckily, the 24 wall caught him. And, again, these were chairs that I took 25 out of surplus. And I have since removed all those chairs, 6-27-11 112 1 and Tim's folks put -- put my new chairs together. But maybe 2 -- maybe we shouldn't use chairs at all from the surplus. I 3 can see the file cabinets in there, but again, it was just a 4 lesson learned from us, I guess, being frugal, is you're 5 going to pay one way or the other. And, luckily, this 6 gentleman didn't get hurt. And, anyways, I just recommend 7 that we don't use any of the chairs that go over there. 8 They're over there for a reason. They've met their shelf 9 life, and they're -- they can make money off of scrap metal 10 off them, you know, because it was -- it could have been a 11 situation for the County and for myself. So, anyway, that is 12 all I have. 13 JUDGE TINLEY: Thank you. Ms. Bolin? 14 MS. BOLIN: I'm going to need to get with each one 15 of y'all for redistricting. We've got several precincts in 16 every commissioner's precinct that is going to have to be 17 redone, because you can't have incorporated and 18 unincorporated with the city over 10,000, and we've got 19 several precincts that we're either going to have to create 20 new precincts or move them into someone else's. And as far 21 as between Commissioner Baldwin and Commissioner Oehler's 22 deal with Turtle Creek and Ingram, I think we're dead in the 23 water on that one, because it's a big, huge census block. It 24 takes in part of Ingram and part of that, and by law, we can 25 not split a census block. 6-27-11 113 1 COMMISSIONER BALDWIN: Seems like -- 2 MS. BOLIN: Have to decide what to do with those 25 3 people that don't want to drive to -- 4 COMMISSIONER BALDWIN: I agree with you, and I 5 think Commissioner Oehler does too. But she -- it seemed 6 like that lady told us, though, that, you know, even a minor 7 move like that is going to cost us 20,000 to 30,000; I can't 8 remember. 9 MS. BOLIN: Well, and she didn't realize it was -- 10 COMMISSIONER BALDWIN: A large amount of money. 11 What? 12 MS. BOLIN: She didn't realize it was a census 13 block. She and I discussed it afterwards, and it is a whole 14 census block. You cannot split a census block. 15 COMMISSIONER OEHLER: See, that's what the problem 16 is. That's been the problem the last two times. 17 COMMISSIONER BALDWIN: I really think Bruce was 18 trying to say that to her that day. 19 COMMISSIONER OEHLER: Yeah. There's no access 20 there, but it's still included in the Ingram census block, 21 and there's no access directly to Ingram unless you come all 22 the way through Turtle Creek, Kerrville, and all that way 23 around. 24 COMMISSIONER LETZ: I mean, I guess my question is, 25 though, is that we're going to have to go through full 6-27-11 114 1 redistricting to make any changes? 2 COMMISSIONER OEHLER: Won't even work. 3 MS. BOLIN: For the elections, yes. 4 COMMISSIONER LETZ: So we're going to have to go 5 through the full redistricting expense. 6 MS. BOLIN: I got a map. I got a map that has all 7 of the census blocks in it, all of the precincts and city 8 boundaries for roads, and everybody's going to have changes. 9 COMMISSIONER LETZ: We need to get Bickerstaff back 10 down here to go over this, because, I mean, we have -- I 11 think they're under the impression we're not doing it. So 12 we're -- our plan was -- 13 MS. BOLIN: She identified to me some of the ones 14 that needed to be changed. 15 COMMISSIONER OEHLER: Yeah, we indicated that there 16 were changes to be made, and we just haven't heard back. 17 COMMISSIONER LETZ: Okay. 18 COMMISSIONER OEHLER: But that needs to get 19 rolling. 20 JUDGE TINLEY: Ms. Bolin, are you saying that if we 21 merely adjust voting precinct lines, don't mess with 22 commissioners' precincts, but only voting precincts, that's 23 something that has to pass Justice Department? 24 MS. BOLIN: Yes, sir. 25 JUDGE TINLEY: Boy, they got their finger in the 6-27-11 115 1 pie deep, don't they? 2 MS. BOLIN: They do. And then I read in the paper 3 Friday that the school has a committee that they are doing 4 their single member districts; they're not going to do 5 anything to the Justice Department till December. Our voter 6 cards go out the first of December, and that -- their single 7 member districts are on our voter registration card. And if 8 they wait until December, we're going to have to do everybody 9 in K.I.S.D. over again when they get their approval. I've 10 got a call in to Mr. Troxel, but whether he'll call me back 11 or not, you know -- 12 COMMISSIONER LETZ: Send Mr. Troxel a letter. 13 MS. BOLIN: Okay. 14 COMMISSIONER LETZ: Document. 15 JUDGE TINLEY: Have you -- have you tried to get 16 ahold of Bill Orr? 17 MS. BOLIN: No. 18 JUDGE TINLEY: That may be the best inroad there. 19 COMMISSIONER LETZ: I'd still send a letter. 20 JUDGE TINLEY: Oh, yeah. Yeah. 21 MS. BOLIN: Okay. 22 JUDGE TINLEY: Okay. Any other elected officials? 23 Department heads? Okay. Let's now go back to our last 24 agenda item, and we need to go into executive session. So, 25 it is 11:42. We will go out of public or open session. 6-27-11 116 1 (The open session was closed at 11:42 a.m., and an executive session was held, the transcript of which 2 is contained in a separate document.) 3 - - - - - - - - - - 4 JUDGE TINLEY: Okay, it's 11:53, and we are now in 5 -- back in open or public session. Any member of the Court 6 have anything to offer in connection with Item 21, which was 7 discussed in executive session, that being consider, discuss, 8 take appropriate action regarding L.C.R.A. Transmission 9 Services Corporation proposed McCamey D to Kendall to 10 Gillespie 345-kv CREZ transmission line in Schleicher, 11 Sutton, Menard, Kimble, Mason, Gillespie, Kerr and Kimble 12 Counties? 13 COMMISSIONER BALDWIN: Okay, I'll try. I move that 14 we authorize the County Attorney to join the City -- City of 15 Kerrville and Atkission Motors in a complaint against 16 L.C.R.A. Transmission Service Corp. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: Motion made and seconded. I think 19 the complaint is actually addressed to the P.U.C. 20 MR. HENNEKE: With the P.U.C. against the L.C.R.A. 21 COMMISSIONER BALDWIN: That's exactly what I -- 22 didn't I say that? 23 JUDGE TINLEY: I think you did. 24 COMMISSIONER OVERBY: Yeah, I think so. 25 COMMISSIONER BALDWIN: Thank you. 6-27-11 117 1 JUDGE TINLEY: Any question or discussion on the 2 motion? All in favor of the motion, signify by raising your 3 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. Anything further 8 to come before this meeting, gentlemen? We're adjourned. 9 (Commissioners Court adjourned at 11:55 a.m.) 10 - - - - - - - - - - 11 12 13 STATE OF TEXAS | 14 COUNTY OF KERR | 15 The above and foregoing is a true and complete 16 transcription of my stenotype notes taken in my capacity as 17 official reporter for the Commissioners Court of Kerr County, 18 Texas, at the time and place heretofore set forth. 19 DATED at Kerrville, Texas, this 6th day of July, 2011. 20 21 JANNETT PIEPER, Kerr County Clerk 22 BY: _________________________________ Kathy Banik, Deputy County Clerk 23 Certified Shorthand Reporter 24 25 6-27-11