1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, August 8, 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 August 8, 2011 2 PAGE 3 --- Visitors' Input 6 4 1.1 Consider/discuss, take appropriate action to open, read, and award bid for lighting at the 5 outdoor arena at HCYEC 8 6 1.2 Public Hearing concerning revision of plat for 17B and 17C of Staacke Ranch Subdivision 9 7 1.3 Consider/discuss, take appropriate action for 8 final approval concerning revision of plat for 17B and 17C of Staacke Ranch Subdivision 10 9 1.4 Consider/discuss, take appropriate action for 10 final approval of private road name of Tributary Ranch Road West, Precinct 4 11 11 1.6 Consider/discuss, take appropriate action to 12 approve Central Counting Station personnel pursuant to Chapter 127 T.E.C. 12 13 1.7 Consider/discuss, approve appointment of 14 election judges and alternates for term of one year in accordance with T.E.C. Section 32 13 15 1.8 Consider/discuss, approve consolidating polling 16 locations in accordance with Chapter 43 of T.E.C. for November 2011 election 13, 16 17 1.9 Consider/discuss, approve appointment of Early 18 Voting Ballot Board judge for term of one year in accordance with T.E.C. Section 32 15 19 1.5 Consider/discuss, take appropriate action to 20 release Canyon Springs Properties Limited Partnership performance bond & accept Canyon 21 Springs Properties Limited Partnership maintenance bond for Live Spring Lane West 18 22 1.11 Consider/discuss, take appropriate action to 23 accept Les Huff's retirement request, move current employee to supervisor position, and 24 hire for opening 20 25 3 1 I N D E X (Continued) August 8, 2011 2 PAGE 3 1.12 Consider/discuss, take appropriate action to approve grant contract with Cailloux Foundation 4 with respect to funding for Butt-Holdsworth Memorial Library 24, 69 5 1.10 Consider/discuss, take appropriate action to 6 approve a resolution supporting Hill Country Telephone Cooperative, Inc., application to 7 enhance customer area services in Kerr County 27 8 1.13 Consider/discuss, take appropriate action on Alamo Regional Rural Planning Organization meeting 9 discussing TxDOT project list plan for Kerr County 31 10 1.14 Consider/discuss, take appropriate action to authorize City of Kerrville access for maintaining 11 sanitary sewer improvements for all customary uses associated with all previous and future grant 12 projects in Kerrville South area 36 13 1.15 Consider/discuss, take appropriate action to approve updates and changes to previously adopted 14 Commissioners Court order allowing regulations of certain outdoor businesses to reflect Texas Local 15 Government Code provisions regarding regulations of outdoor businesses and occupations 39 16 1.16 Consider/discuss, take appropriate action on 17 tender of rental by City of Ingram for Kerr County property in Ingram utilized by City of 18 Ingram for storage and other possible uses 41 19 4.1 Pay Bills 44 4.2 Budget Amendments 45 20 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 48 21 5.1 Reports from Commissioners/Liaison Committee 22 Assignments 48 5.2 Reports from Elected Officials/Department Heads 57 23 1.17 Consider/discuss, take appropriate action to 24 transfer allocation of Human Resources Director functions and/or duties to Dawn Lantz (Executive 25 Session as needed) 72 4 1 I N D E X (Continued) August 8, 2011 2 PAGE 3 1.18 Consider/discuss, take appropriate action to authorize legal steps to be taken subsequent to 4 decision of Travis County District Court on LCRA CREZ line case (Executive Session as needed) 75 5 --- Adjourned 76 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, August 8, 2011, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, August the 8th, 2011, at 9 a.m. It is 11 that time now. Commissioner Oehler? 12 COMMISSIONER OEHLER: Yes. Please join me in a 13 word of prayer, and followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Be seated, please. At 16 this time, if there's any member of the public or audience 17 that wishes to be heard with respect to any matter which is 18 not a listed agenda item, this is your opportunity to come 19 forward and tell us what's on your mind. If you wish to be 20 heard on an agenda item, we'd prefer that you fill out a 21 participation form. Should be some located at the rear of 22 the room. It's not absolutely essential, but it does help me 23 to be aware that there is someone who wishes to speak when we 24 get to that item. If you've not filled out a participation 25 form wishing to speak on an item, and you desire to speak on 8-8-11 6 1 that item, or any other item that you may desire to have 2 input on, get my attention in some manner and I'll see that 3 you have the opportunity to be heard. But right now, if 4 there's any member of the public or audience that wishes to 5 be heard on any matter which is not a listed agenda item, 6 come forward, tell us -- give us your name and address, and 7 tell us what's on your mind. 8 MR. FOSTER: I think you have our forms; is that 9 right? 10 JUDGE TINLEY: Yeah, mm-hmm. 11 MR. FOSTER: Okay, great. Denny Foster and Kristan 12 Craddock with the Chamber and KerrFest, and we just wanted to 13 give you a general overview of the weekend, and thank you for 14 your support. We had about 600 people Saturday night out 15 there, activities all day long with the beer brewing 16 competition and the chili. We had 30 chili cooks. We had 15 17 beer entries. And Friday night, we had approximately 18 350-ish, 400 people out there. I think it was a great 19 success. Kristan and I kept looking at each other going, 20 "When are we going to get our butts chewed?" And we didn't 21 all weekend. So, I mean, for us it was a great success. I 22 cannot thank the Commissioners, as well as the City Council 23 and the C.V.B., enough for their help and support. I mean, 24 we just couldn't have done it without what y'all did for us. 25 So, I'd be glad to answer any questions, but thank you. 8-8-11 7 1 MS. CRADDOCK: Yes, thank you so much. And the 2 county maintenance crew is the best, best in the nation. So, 3 thank y'all. Thank you Tim, Lonny, and Sonny and all your 4 guys. Y'all did an awesome job -- and girl. 5 MR. BOLLIER: Thank you. 6 JUDGE TINLEY: Tim, they didn't say that just 7 'cause they were looking at you. I got those reports over 8 the weekend on the ground out there as well. 9 MR. BOLLIER: Well, I appreciate it. 10 JUDGE TINLEY: That you guys really did a fantastic 11 job. 12 MR. FOSTER: We never had to look for Maintenance; 13 they were there, ready to do whatever we asked them for. 14 They were just awesome. 15 JUDGE TINLEY: Can we term the first annual 16 KerrFest a success? 17 MS. CRADDOCK: Absolutely, and we will be back for 18 next year. So, we are very excited, and we'll be looking for 19 an event in August of next year. 20 COMMISSIONER OVERBY: Good. 21 JUDGE TINLEY: Wonderful. 22 COMMISSIONER OEHLER: Thanks for all y'all did. 23 MR. FOSTER: We really appreciate what you did. 24 MR. BOLLIER: Thanks, guys. 25 MR. FOSTER: Thank you, Tim. See you soon. 8-8-11 8 1 JUDGE TINLEY: Anyone else wishing to be heard on 2 any matter that is not a listed agenda item? Let's get on 3 with our agenda, then. The first timed item, which is a 4 9 o'clock item, is Item 1; to consider, discuss, take 5 appropriate action to open, read, and award the bid for 6 lighting at the outdoor arena at the Hill Country Youth 7 Exhibit Center, or award the bid. Looks like we have one 8 bid. Is that it? 9 THE CLERK: Just one. 10 COMMISSIONER BALDWIN: This is going to be tough. 11 Somebody's -- somebody's got to roll their sleeves up here, 12 man. 13 JUDGE TINLEY: The bid received is from D.W. 14 Electric. Alternate 1, $88,190. It appears that that was 15 the only alternate bid. I'm not that familiar with the bid 16 documents, so that may have been the only one needed to be 17 bid. 18 COMMISSIONER LETZ: I move we accept the bid and 19 refer it to -- 20 COMMISSIONER OEHLER: Peter Lewis. 21 COMMISSIONER LETZ: Peter? I didn't know who's 22 looking at it. Peter, et al, to review, and for 23 recommendation. 24 COMMISSIONER OEHLER: Second. 25 JUDGE TINLEY: Motion made and seconded as 8-8-11 9 1 indicated. Question or discussion? All in favor, signify by 2 raising your right hand. 3 (Commissioners Overby, Letz, and Oehler voted in favor of the motion.) 4 5 JUDGE TINLEY: All opposed, same sign. 6 (Commissioner Baldwin voted against the motion.) 7 COMMISSIONER BALDWIN: I oppose. 8 JUDGE TINLEY: You're voting -- 9 COMMISSIONER BALDWIN: I voted in opposition, yes, 10 sir. 11 JUDGE TINLEY: Okay, motion carries. Let's go to 12 Item 2. At this time, I will recess the Commissioners Court 13 meeting and convene a public hearing concerning the revision 14 of plat for 17B and 17C of Staacke Ranch Subdivision, as set 15 forth in Volume 8, Page 163, and located in Precinct 3. 16 (The regular Commissioners Court meeting was closed at 9:08 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 20 that wishes to be heard with respect to the revision of the 21 plat for 17B and 17C of Staacke Ranch Subdivision, as set 22 forth in Volume 8, Page 163? Seeing no one coming forward, I 23 will close the public hearing concerning the revision of plat 24 for 17B and 17C of Staacke Ranch Subdivision, set forth in 25 Volume 8, Page 163. 8-8-11 10 1 (The public hearing was concluded at 9:09 a.m., and the regular Commissioners Court meeting was 2 reopened.) 3 - - - - - - - - - - 4 JUDGE TINLEY: And I will reconvene the 5 Commissioners Court meeting, and we'll go to Item 3; to 6 consider, discuss, and take appropriate action for the final 7 approval concerning the revision of plat for 17B and 17C of 8 Staacke Ranch Subdivision as set forth in Plat Volume 8, Page 9 163, and located in Precinct 3. Ms. Hoffer? 10 MS. HOFFER: Hi. Leonard's on vacation this week, 11 so it's my turn. In July of 2010, the revision of plat for 12 Lot 17 of Staacke Ranch Subdivision was approved and 13 finalized in Plat Record Volume 8, Page 163. Dr. Jay Wise 14 owns Lot 17B and Lot 17C. Dr. Wise would like to sell Lot 15 17C, and currently has a buyer for Lot 17C. The potential 16 buyer wanted a little more land, so Dr. Wise would like to do 17 another revision of plat of Volume 8, Page 163. Lot 17C is 18 currently 17.10 acres. The proposed lot size for 17CR will 19 be 25.66 acres, and lot 17BR will become 40.02 acres. And we 20 also -- I think in the preliminary, you wanted no further 21 subdivision where it squeezes down to that 30-foot 22 right-of-way, and that note did get added on the plat. I 23 know that was one thing that was brought up. So, at this 24 time, we ask the Court for their final approval of the 25 revision of plat of Lot 17B and Lot 17C of Staacke Ranch 8-8-11 11 1 Subdivision, Volume 8, Page 163, located in Precinct 3. 2 COMMISSIONER LETZ: Move approval. 3 COMMISSIONER OVERBY: I'll second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. Question or discussion? All in favor of that 6 motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. Let's go to 11 Item Number 4, which is a 9:10 timed item -- it is that time 12 now -- to consider, discuss, and take appropriate action for 13 the final approval of the private road name of Tributary 14 Ranch Road West, and located in Precinct 4. 15 MS. HOFFER: Mark DelToro from the 911 office sent 16 this application for a road name to us on July 21st, 2011. 17 The proposed road name is a new private road used by one 18 property owner, Mr. Bill Carr, from Tributary Ranch, L.P. 19 So, at this time, we ask the Court for their final approval 20 of the proposed private road name of Tributary Ranch Road 21 West in Precinct 4. 22 COMMISSIONER OEHLER: Move approval. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval. Further question or discussion? All in favor of 8-8-11 12 1 the motion, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: That motion does carry. It's not 6 quite 9:15, so we'll go to Item 6, to consider and discuss 7 and take appropriate action to approve the central counting 8 station personnel pursuant to Chapter 127 of the Texas 9 Elections Code. The Presiding Manager, Michelle Schneider; 10 Tabulating Supervisor, Eva Washburn; Judge, Nadene Alford; 11 Clerk, Linda Hott; Clerk, Mimi Valverde; and calls to S.O.S. 12 and website, John Trolinger. 13 MS. BOLIN: Nadene is out sick today, so I will do 14 this. This is something that we have to bring to you every 15 year, every time there's an election, and it's -- it is what 16 it is. 17 COMMISSIONER LETZ: Move approval. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item. Question or discussion? All in 21 favor of the motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. Let's go to 8-8-11 13 1 Item 7; to consider, discuss, and approve the appointment of 2 election judges and alternates for the term of one year in 3 accordance with the Texas Election Code Section 32. 4 MS. BOLIN: Right. This is also something that we 5 have to do at least once a year. This will carry us through 6 the runoff election of next year. 7 COMMISSIONER BALDWIN: Is -- do these two lists go 8 along with this agenda item? 9 MS. BOLIN: Yes, they do. 10 COMMISSIONER BALDWIN: Thank you. I move for 11 approval. 12 COMMISSIONER OVERBY: I'll second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item. Further question or discussion? 15 All in favor of the motion, signify by raising your right 16 hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion carries. Item Number 8 21 is to consider, discuss, and approve and/or consolidating 22 polling locations in accordance with Chapter 43 of the Texas 23 Election Code. 24 MS. BOLIN: For the November election, we generally 25 consolidate because of the low turnout and the cost. And we 8-8-11 14 1 have to approve our polling places and get them to D.O.J., so 2 that's a time-sensitive thing. 3 COMMISSIONER BALDWIN: Are you asking us to 4 consolidate as per the note at the bottom of the page? Is 5 that what the -- 6 MS. BOLIN: Correct. Nadene had said that 7 Commissioner Overby really didn't want to consolidate because 8 of the tax venue that's going to be on there. Is that 9 correct? 10 COMMISSIONER OVERBY: Now, what is that, now? 11 MS. BOLIN: Our polling places will be 12 consolidated; we'll only have four on election day instead of 13 having 20. 14 COMMISSIONER OVERBY: Right. 15 MS. BOLIN: So -- and that's for November. 16 COMMISSIONER OVERBY: Right. So, having just four 17 locations, then, on that day for the venue. They have -- 18 they have early voting for a whole week before? 19 MS. BOLIN: Correct. 20 COMMISSIONER OVERBY: That's okay. 21 JUDGE TINLEY: Actually, effectively almost two 22 weeks. 23 COMMISSIONER OVERBY: Two weeks to do early voting. 24 MS. BOLIN: Yes. 25 COMMISSIONER OVERBY: That's fine. 8-8-11 15 1 MS. BOLIN: Okay. 2 COMMISSIONER BALDWIN: Move for approval. 3 COMMISSIONER OVERBY: I'll second that. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. 6 COMMISSIONER OVERBY: Save some money. 7 JUDGE TINLEY: Question or discussion? All in 8 favor, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Let's go to 13 Item 9; to consider, discuss, and approve the appointment of 14 the Early Voting Ballot Board judge for the term of one year 15 in accordance with the Texas Election Code Section 32; 16 consider and set the number of members to be appointed by the 17 early voting ballot board judge. 18 MS. BOLIN: Joe Armistead is our Early Voting 19 Ballot Board judge, and we can have a total of four clerks, 20 which is the norm. 21 JUDGE TINLEY: And the motion that you're 22 requesting would be that he be designated as the -- Joe 23 Armistead as the Early Voting Ballot Board judge, with the 24 authority to appoint -- 25 MS. BOLIN: To appoint four -- 8-8-11 16 1 JUDGE TINLEY: -- four clerks? 2 COMMISSIONER BALDWIN: So moved. 3 COMMISSIONER OVERBY: Second. 4 JUDGE TINLEY: Motion made and seconded as 5 indicated. Question or discussion? 6 COMMISSIONER BALDWIN: Joe Armistead has been 7 serving in this capacity for a long, long time. 8 MS. BOLIN: Long time. 9 COMMISSIONER BALDWIN: Appreciate it. 10 COMMISSIONER OVERBY: Good. 11 JUDGE TINLEY: Any other question or discussion? 12 All in favor of the motion, signify by raising your right 13 hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: That motion does carry. 18 COMMISSIONER LETZ: Judge, can we go back to Item 19 1.8? There's a typo. I think we need -- 'cause this is 20 voting stuff, we probably need to clarify. There's a typo on 21 the list -- on the attachment. 22 COMMISSIONER OVERBY: What number? 23 JUDGE TINLEY: Okay, let me recall Item 8; to 24 consider, discuss, and approve and consolidate the polling 25 locations in accordance with Chapter 43, Texas Election Code, 8-8-11 17 1 for the November 2011 election. 2 COMMISSIONER LETZ: On the attachment for the 3 consolidated locations, Precinct 3, it says "Cailloux City 4 Church." I think that should be "Cailloux City Center." 5 MS. BOLIN: Yes. 6 COMMISSIONER LETZ: I just want to make sure that 7 the record reflects it's the -- 8 JUDGE TINLEY: Is that the one that was corrected 9 that we got an addendum to? 10 MS. GRINSTEAD: No. 11 JUDGE TINLEY: The one I have says 314, Cailloux 12 City Center. 13 COMMISSIONER LETZ: Okay. 14 COMMISSIONER OVERBY: Yeah. 15 COMMISSIONER LETZ: I see -- what I'm looking at 16 says "Cailloux City Church." 17 MS. BOLIN: It's down in the bottom in the 18 consolidated precincts, where it says "Church." 19 JUDGE TINLEY: Okay. 20 COMMISSIONER LETZ: Right here. 21 JUDGE TINLEY: Okay, the consolidation. 22 COMMISSIONER LETZ: I want to make sure, 'cause 23 this is an election, that we have the right technical -- 24 COMMISSIONER OVERBY: Location. 25 COMMISSIONER LETZ: -- location. 8-8-11 18 1 COMMISSIONER OVERBY: And name. 2 MS. BOLIN: Right, okay. 3 JUDGE TINLEY: Who made the motion on Item 8? 4 THE CLERK: Commissioner Baldwin. And Commissioner 5 Overby made the second. 6 JUDGE TINLEY: Okay. Okay. Are you offering a 7 motion, Commissioner Letz, to supersede any language in the 8 action taken by the Court previously with respect to Item 8 9 that may have said "Cailloux City Church," that it be amended 10 to "Cailloux City Center"? 11 COMMISSIONER LETZ: Correct. 12 JUDGE TINLEY: Okay, I have that motion. Do I have 13 a second? 14 COMMISSIONER BALDWIN: Second. 15 JUDGE TINLEY: We have a motion and a second. 16 Question or discussion? All in favor, signify by raising 17 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 does carry. Okay. Now 22 let's get us back to our 9:15 timed item; to consider, 23 discuss, take appropriate action to release the Canyon 24 Springs Properties Limited Partnership Performance Bond and 25 accept the Canyon Springs Properties Limited Partnership 8-8-11 19 1 Maintenance Bond Number 456240S for one year for Live Springs 2 Lane West, and located in Precinct 4. 3 MS. HOFFER: The Canyon Springs Properties Limited 4 Partnership has completed Live Springs Lane West to the 5 County's road regulations and specs. Rock Engineering 6 completed the in-place density tests, and all tests passed 7 the standard. All of the required signs are installed; 8 everything looks good, so we're ready to release their 9 performance bond and accept their maintenance bond. So, at 10 this time, we ask the Court to release the performance bond 11 and accept the maintenance bond, I.D. Number 456240S, for one 12 year from this date. In one year, we will reinspect the road 13 for any failures. After any discrepancies have been 14 completed to Kerr County's rules and regulations, we will 15 come back to the Court and ask them to release the 16 maintenance bond and to accept Live Springs Lane West for 17 Kerr County maintenance. 18 COMMISSIONER OEHLER: Goodness, you said a 19 mouthful. I move approval. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval of the agenda item. Further question or discussion? 23 All in favor of that motion, signify by raising your right 24 hand. 25 (The motion carried by unanimous vote.) 8-8-11 20 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 MS. HOFFER: Thank you. 4 JUDGE TINLEY: The motion does carry. Let's go to 5 Item 11; to consider, discuss, take appropriate action to 6 accept Les Huff's retirement request, move current employee 7 to supervisor position, and hire for opening. Ms. Bolin? 8 MS. BOLIN: Yes, sir. The gentleman in my office 9 has decided to retire, and we have trained Cindy Guardiola to 10 take his place, and I would like to move her up to the 11 supervisor position on September 1. His retirement will be 12 effective August 31st. And then to be able to hire someone 13 for that department at a 14-1, which will be a $2,933 14 difference, a savings to the County. 15 COMMISSIONER LETZ: Is the reason it's on the 16 agenda is for the hiring? 17 MS. BOLIN: Yes. 18 COMMISSIONER LETZ: Because, I mean, the rest of 19 it -- 20 MS. BOLIN: Because we're still under a freeze, to 21 my knowledge. 22 COMMISSIONER LETZ: 'Cause, I mean, the supervisor 23 moving up doesn't require our approval. 24 MS. BOLIN: Right. But to hire someone, that kind 25 of comes full circle. 8-8-11 21 1 COMMISSIONER LETZ: There's no way you can... 2 MS. BOLIN: If you would like my resignation, yes, 3 we will try. But, yeah, that's the whole reason. 4 COMMISSIONER OVERBY: How long has Mr. Huff been 5 with us? 6 MS. BOLIN: Ten years, nearly 11. 7 COMMISSIONER OVERBY: Appreciate his serving our 8 county. 9 MS. BOLIN: Yes. 10 COMMISSIONER OEHLER: Is this not similar to what 11 was rejected in the County Clerk's office last meeting? 12 JUDGE TINLEY: Elaborate. 13 COMMISSIONER OEHLER: Well, you know, we allowed -- 14 we voted one meeting to -- to allow the County Clerk to do 15 some shuffling around, and then the next meeting we came back 16 and took it away from them. 17 COMMISSIONER OVERBY: Mm-hmm. 18 COMMISSIONER OEHLER: How does this fit with that 19 program? 20 MS. BOLIN: I'm not moving everybody up in the 21 office. I'm moving one person into a supervisor position and 22 filling an empty position. 23 COMMISSIONER OEHLER: I just wanted to hear that. 24 COMMISSIONER LETZ: I think it's a different 25 situation. I think my only issue is that we wait till budget 8-8-11 22 1 to make the funding -- 2 COMMISSIONER OEHLER: We're talking about less than 3 two months. 4 COMMISSIONER LETZ: I mean, and hopefully -- I 5 think we'll have the budget ironed out before this happens, 6 so I just -- I'd just feel more comfortable with it. 7 COMMISSIONER OVERBY: He's here up to September 8 1st? Is that what you -- 9 MS. BOLIN: August 31st will be his last day. 10 COMMISSIONER OVERBY: So, he'll finish the rest of 11 this month. 12 COMMISSIONER OEHLER: Only leave you one month -- 13 MS. BOLIN: Well, right. 14 COMMISSIONER OEHLER: -- before budget takes 15 effect. 16 COMMISSIONER LETZ: Yeah. 17 MS. BOLIN: Correct. Which will -- if we wait 18 until October to try to fill it, that's going to put us with 19 tax statements going out, and the elections going on and 20 trying to train someone. 21 COMMISSIONER LETZ: I think -- I mean, I think -- 22 well, I'm more thinking of our budget, and I think we should 23 have that hopefully further down the road in two weeks. 24 MS. BOLIN: I hope so. 25 COMMISSIONER LETZ: So, my idea is to defer two 8-8-11 23 1 weeks and then bring it back. 2 MS. BOLIN: So, come back the end of August? 3 COMMISSIONER OVERBY: 22nd. 4 COMMISSIONER LETZ: Yeah, and look at hiring the 5 one person. The rest of it, of course, you can do as you see 6 fit. 7 MS. BOLIN: Okay. Can I ask what difference that's 8 going to make? 9 COMMISSIONER LETZ: Because we'll look at -- we'll 10 have a budget number; we'll have an idea of insurance and 11 exactly where we're going to be. I know it's going to be a 12 real tight budget again. 13 MS. BOLIN: Okay. Because there is going to be a 14 drop down as far as salary. 15 COMMISSIONER LETZ: Right. But the -- 16 COMMISSIONER BALDWIN: Let me just make a comment. 17 I have -- I have been in there and observed that side of her 18 -- her operation, and it is really -- I wouldn't want to be a 19 part of it; I can tell you that. I think it's fairly 20 critical that we allow her to do this, because she needs -- 21 she needs that person to keep that thing up and running. 22 They're extremely busy on that side. 23 COMMISSIONER LETZ: I don't disagree with that. 24 I'm not saying we're not going to hire; I just would like a 25 little comfort level to look at our budget before. You know, 8-8-11 24 1 I'd like -- 2 COMMISSIONER OVERBY: I think it should be noted 3 also, with what you're -- you know, your information that 4 you're providing us today, that even with the changes that 5 you're making, you're saving us $2,900. 6 MS. BOLIN: Correct. 7 COMMISSIONER OVERBY: So that's a positive move in 8 that. So I would agree with Commissioner Letz; I think 9 you're going to have to -- Commissioner Baldwin is saying 10 you're going to need the help. 11 COMMISSIONER LETZ: We'll come back again -- my 12 idea is the 22nd; let's take a look at it and go from there. 13 MS. BOLIN: Okay. 14 COMMISSIONER OEHLER: You still won't be short by 15 then. 16 COMMISSIONER OVERBY: Right. 17 MS. BOLIN: No, that's correct. Okay, I will do 18 that. 19 COMMISSIONER OVERBY: Thank you. 20 JUDGE TINLEY: Okay. Let's go to Item 12; to 21 consider, discuss, and take appropriate action to approve 22 grant contract with the Cailloux Foundation with respect to 23 funding for Butt-Holdsworth Memorial Library. The Cailloux 24 Foundation approved the grant at their board meeting, and 25 they have forwarded a grant contract. The contract provides 8-8-11 25 1 that essentially that it can only be used for the benefit of 2 the library, and there can't be any sort of political 3 persuasion utilized in connection with the expenditure of 4 these funds, because it might otherwise jeopardize the 5 nonprofit status of the grant. Of course, they have asked 6 that we approve the grant under the conditions as set out in 7 the grant contract. I would note that since last Friday, we 8 have received two e-mails -- I think members of the Court got 9 them also -- recommending that we not accept grant funding 10 for any governmental purpose, that -- for fear of strings 11 attached, as it were. I'm sure other members of the Court 12 got copies of those e-mails, and I did want to point that 13 out. 14 COMMISSIONER BALDWIN: Judge, let me read one 15 sentence in this letter from Mr. Cailloux. It says, "This 16 grant is contingent on Kerr County retaining the City of 17 Kerrville's emergency medical services rather than 18 contracting with an independent company." So, those e-mails 19 are correct. I didn't realize that it was contingent upon 20 contracting with the City. 21 JUDGE TINLEY: I appreciate you pointing that out. 22 I did not note that. 23 COMMISSIONER LETZ: Yeah. I looked -- I agree. I 24 looked in the contract; the contract doesn't say anything, 25 but the cover letter does. But I look at this, even with 8-8-11 26 1 that language in there under the cover letter, is that we 2 made the deal with the City prior to the grant. We have 3 contracted with the City of Kerrville for the current -- for 4 the next budget year, which is the period of this. And I 5 read that as saying that if we do choose not to contract with 6 the City of Kerrville next year, then they won't give us 7 200,000. I don't have any problem with that. I mean, this 8 is -- it's not -- they're not telling us to do something. I 9 mean, we've -- we're acting first and they're acting second. 10 COMMISSIONER OEHLER: Well, the whole thing would 11 have been much cleaner had they agreed just to give the money 12 to the City and the City give us credit for that against what 13 they wanted us to pay. 14 COMMISSIONER LETZ: Right. 15 COMMISSIONER OEHLER: But they refused to give us 16 any credit for that amount of money. They wanted that money, 17 plus they wanted our -- you know, that much more on top of it 18 from the County. 19 COMMISSIONER LETZ: But that got worked out. 20 COMMISSIONER OEHLER: Yeah. 21 COMMISSIONER LETZ: This is all -- this is the 22 200,000. But, I mean, I think that the -- I'd probably defer 23 to the County Attorney on that language. Is that -- because 24 it's in the cover letter, not in the contract. I mean -- 25 COMMISSIONER BALDWIN: Well, see, you know, I don't 8-8-11 27 1 -- I don't have any -- I mean, it's too late. We've done the 2 deal with the City and we've done the deal here, in my 3 opinion, or at least in our budgeting and our thinking and 4 our planning, we -- we've moved forward with this. If I had 5 known this, I would have never voted for it; I can tell you 6 that. 7 COMMISSIONER LETZ: But the -- 8 COMMISSIONER BALDWIN: But it's too late. It's a 9 done deal. If this comes up again next year, then I'm going 10 to vote appropriately. 11 COMMISSIONER OVERBY: Mm-hmm. 12 COMMISSIONER BALDWIN: So, I move we approve this 13 thing and go on down the road. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: We have a motion and a second for 16 approval of the agenda item. Further question or discussion? 17 All in favor of the motion, signify by raising your right 18 hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion does carry. it is now 9:30, 23 so let's go to Item Number 10; to consider, discuss, and take 24 appropriate action to approve a resolution supporting Hill 25 Country Telephone Cooperative, Inc., application to enhance 8-8-11 28 1 customer service -- customer area services in Kerr County. 2 Resolution is for the County of Kerr designating 3 representatives on behalf of the Center Point, Comfort, 4 Garven Store, Hunt, Ingram, Medina, and Mountain Home 5 exchanges for the purposes of providing expanded area service 6 with other local exchange customers served by Southwest Texas 7 Telephone Company. Commissioner Overby? 8 COMMISSIONER OVERBY: Yes. Judge Tinley, 9 Commissioners, today we're glad to have Amy Fairchild with 10 the Hill Country Telephone Cooperative, Inc., here to -- to 11 give us a presentation. What we have here is a -- a request 12 and a resolution for 2011 in helping HCTC in helping provide 13 better customer service out into the Kerr County area. 14 Again, a resolution was adopted in 2010 that also assisted 15 HCTC, and in a similar light, and I've asked Amy to come and 16 give a presentation on this resolution that's before you 17 today in helping their application move forward. 18 AUDIENCE: Could you speak up a little, sir? I 19 can't hear you. 20 COMMISSIONER OVERBY: Sure will; I will do that. 21 COMMISSIONER BALDWIN: Ask him to move up here on 22 the front row. 23 COMMISSIONER OVERBY: Okay. Amy, if you will 24 please go ahead at this time. 25 MS. FAIRCHILD: Sure. As you said, we were here 8-8-11 29 1 last year. What we attempted to do, and were successful, I 2 guess, in the spring of this year, we joined together all of 3 our exchanges. We have 15 exchanges over 14 counties, and 4 there are spaces in between. We had to file with the P.U.C. 5 to get local calling throughout all of them. It was kind of 6 no rhyme or reason when long distance charges occurred. It 7 was even over a hill at times, and was kind of frustrating 8 for some of our customers, so we eliminated that, and now 9 it's local calling, free of charge for all of our exchanges. 10 What we're attempting to do is expand that even further with 11 Southwest Texas. They have a filing with the P.U.C. right 12 now to do the same thing with their exchanges that we did 13 earlier this year -- last year, and what this would do is put 14 local calling throughout all of our exchanges as well as 15 theirs. So, any customers of Southwest Texas Telephone and 16 Hill Country Telephone can call locally without having to 17 incur long distance charges. 18 COMMISSIONER OVERBY: That's good. 19 COMMISSIONER OEHLER: Wonderful. 20 MS. FAIRCHILD: I've included some maps in the 21 handouts. I have some extras if y'all didn't get them. And 22 that way, you can kind of see what territory we're looking 23 at. But -- 24 COMMISSIONER OVERBY: That's good. 25 JUDGE TINLEY: The resolution which you're asking 8-8-11 30 1 for essentially supports your efforts to do that? 2 MS. FAIRCHILD: Exactly. Exactly. It's the same 3 as last year. What this does is designates a specific -- we 4 chose commissioners last year, so I would assume we would 5 probably do the same this year, you know, for -- for the 6 exchanges in Kerr County. We have several exchanges. I 7 think Commissioner Overby would -- is in the Center Point 8 exchange? 9 COMMISSIONER OVERBY: That's correct. 10 MS. FAIRCHILD: Commissioner Letz would be the 11 Comfort exchange, and Commissioner Oehler would be the rest, 12 which would be Garven Store, Hunt, Ingram, Medina, and 13 Mountain Home. And what that does is just puts a 14 representative for those exchanges in Kerr County, and would 15 support the filing once we have all of our information 16 together for the P.U.C. It was pretty much identical to what 17 we did last year. 18 COMMISSIONER OVERBY: Okay. 19 COMMISSIONER LETZ: Is this -- you just mentioned 20 Comfort exchange in my precinct. There's also 460's in my 21 precinct, but I don't know; that's not a -- I don't think 22 that's a co-op exchange. 23 MS. FAIRCHILD: I don't think that it is. I think 24 only Comfort -- at least based on my records and maps, I 25 think only Comfort for Hill Country Telephone is in your 8-8-11 31 1 area. 2 COMMISSIONER LETZ: Okay. There's an area of the 3 southern part of Kerr County that's covered by -- I don't 4 know, whatever serves Bandera. Who serves Bandera? 5 MS. FAIRCHILD: I think Southwest Texas Telephone, 6 so that would actually help y'all out too. So -- 7 COMMISSIONER LETZ: Okay. 8 COMMISSIONER BALDWIN: Second. (Laughter.) 9 COMMISSIONER OVERBY: I'll make the motion. 10 JUDGE TINLEY: Okay. We have a motion and a second 11 for approval of the resolution. Question or discussion? All 12 in favor of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion does carry. 17 COMMISSIONER OVERBY: Thank you. 18 MS. FAIRCHILD: Thank you, gentlemen. 19 JUDGE TINLEY: Thank you, ma'am. Let's go to Item 20 13; to consider, discuss, take appropriate action on Alamo 21 Regional Rural Planning Organization meeting discussing 22 TexDOT FY 2012-FY '15 project list plan for Kerr County. 23 Commissioner Overby? 24 COMMISSIONER OVERBY: Yes, thank you. Judge and 25 Commissioners, I want to give you a report today. It's on 8-8-11 32 1 our agenda. You got a pretty lengthy packet of the Power 2 Point presentation that was presented on Wednesday, July 3 27th, at Alamo Regional Rural Planning Organization. Mario 4 Medina gave a presentation to us at AACOG that day, as we 5 were looking at the -- as they called it, the living, 6 breathing plan list for road improvement and maintenance over 7 the next four years. Commissioners, we recall that about two 8 months ago, there was input that was requested from the City 9 of Kerrville and Kerr County as far as looking at what type 10 of projects would be considered and would be on the plan list 11 for the next four years. Kerrville, of course, and Kerr 12 County is in the San Antonio district, and they have about 13 $442 million of plans and projects that will be between 2012 14 and 2015. There was some additional money of $93.6 million 15 that was added to it underneath the proposed Prop. 12, or a 16 17 percent increase, which is going to -- equivalent to about 17 $76 million worth of additional construction than what they 18 previously budgeted. 19 Now, the impact to Kerr County is, there's -- of 20 that new money that's going to come in, there's about $5.2 21 million of additional projects that's going to be added into 22 Kerr County, and that's one thing that is here before you 23 today, is just to get your blessing from -- from that 24 meeting. That one particular project is the additional one 25 that's -- that was not funded, but the additional money will 8-8-11 33 1 fund it now, is the project that is on Highway 27 out by the 2 new Ingram Lake Dam which will upgrade two lanes with a 3 continuous left turn lane, and that project is for $5.2 4 million. That is underneath the proposed Prop. 12 budget. 5 Again, it will still have to be approved by the Commission in 6 September, but they do want to have permission -- not 7 permission, but they want to have kind of our blessings from 8 Kerr County on that additional funding. 9 I do want to state, just for the record, some of 10 the projects that will be happening in Kerr County over 11 2012-2015. Most of those -- in the first year of 2012, most 12 of those are going to be sealcoating and maintenance type of 13 improvements. I do want to make just a few notes on a few of 14 those. There's going to be some widening of narrow roadways 15 and additional shoulders in some other areas. Some of these 16 are going to be off Loop 534 in the Red Rose area up there, 17 off that area. At the Kendall/Kerr County line, there's 18 going to be some -- a lot of maintenance and sealcoating that 19 will be going on. State Highway 16, one mile six -- 1.6 20 miles east of State Highway 16, so there's going to be a lot 21 of maintenance and sealcoating that we're going to see in the 22 next year. And 2013-2014, again, you're going to see kind of 23 similar things. 24 I do want to get to 2015, 'cause we've had a lot of 25 questions about -- in the community of people asking, "What's 8-8-11 34 1 going to happen with Highway 16 going from Kerr County to the 2 Gillespie County line?" There is $3.7 million in 2015 that 3 is planning to help in widening some of the roadways for 4 passing areas on Highway 16, and I know that is -- would be a 5 welcome project, and that was one of the projects that the 6 County had recommended. I think it should be noted here for 7 the record, projects that have no funding, they're still on 8 the radar screen with TexDOT, but no funding is allocated or 9 planned in 2012, and those include the project at Shumacher 10 Crossing; that includes the Lazy Valley Road at Cypress 11 Creek. A lot of these are bridges. That also includes the 12 Crossing Street at Guadalupe River bridge in Center Point, 13 and the Cypress Creek Loop at Cypress Creek as well. Those 14 four bridges are on hold, because there is no funding in 15 2012. There will be no plans to do anything in 2012 with any 16 of those particulars projects. So, totally, we are looking 17 at about $25 million in projects that will be under 18 consideration for 2012 to 2015. And so before you today is 19 just to give you that report, and also to get your feedback 20 on the -- the Ingram Lake project out there, just to say that 21 you guys would like to see that move forward. 22 COMMISSIONER OEHLER: Definitely. 23 COMMISSIONER OVERBY: Okay. 24 COMMISSIONER OEHLER: We've been talking about that 25 for a long time in Ingram. Glad that it's finally going to 8-8-11 35 1 happen. 2 COMMISSIONER OVERBY: Very good. 3 JUDGE TINLEY: What -- 4 COMMISSIONER LETZ: Do we need a motion or 5 anything? 6 COMMISSIONER OVERBY: You know, I think it might be 7 good to do that. I can -- what do you think? 8 JUDGE TINLEY: Are they -- are they requesting 9 that -- 10 COMMISSIONER OVERBY: I will -- 11 JUDGE TINLEY: -- down at AACOG? 12 COMMISSIONER OVERBY: Yes. And what Mr. Medina's 13 asked is to -- since this one was not on that -- on their 14 list of their plan, this is additional money that's come in 15 through the Prop. 12 revision of the budget. And Kerr County 16 has this particular project that's in there, so it's just 17 kind of saying, you know, we would like to see that project 18 go forward. 19 COMMISSIONER OEHLER: Yeah, we blessed it some time 20 ago. 21 COMMISSIONER OVERBY: Yes. This is official -- 22 COMMISSIONER OEHLER: Just a bridge program that 23 they -- that they are funding to replace some of our -- some 24 of our narrow and identified safety problems with several of 25 them. And this Court supported it before. I sure support it 8-8-11 36 1 now. I make a motion that we approve the project list for 2 that San Antonio district office, TexDOT's. 3 JUDGE TINLEY: I have a motion. Do I hear a 4 second? 5 COMMISSIONER OVERBY: I'll second. 6 JUDGE TINLEY: We have a motion and a second. 7 COMMISSIONER LETZ: I don't like that they took all 8 my bridges off. 9 COMMISSIONER OEHLER: I know they took your bridges 10 off. 11 COMMISSIONER OVERBY: Sorry. Funding. 12 JUDGE TINLEY: Further question or discussion? 13 COMMISSIONER OEHLER: But you're going to support 14 mine? 15 COMMISSIONER LETZ: I'll support yours. 16 COMMISSIONER OEHLER: Not mine, but the ones that 17 live across on Cade Loop. 18 JUDGE TINLEY: All those in favor of the motion, 19 signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carries. Let's go to Item 24 14; to consider, discuss, take appropriate action to 25 authorize City of Kerrville access for maintaining the 8-8-11 37 1 sanitary sewer improvements or all customary uses associated 2 with all previous and future grant projects in the Kerrville 3 South area. The authorization would allow the City of 4 Kerrville to enter Kerr County rights-of-way to maintain 5 sewer lines of the Kerrville South Wastewater Project area. 6 Commissioner Overby? 7 COMMISSIONER OVERBY: Judge and Commissioners, I 8 think at this time, what I would like to do is -- is to table 9 this on the agenda right now. What we are preparing here, 10 and we're still working on, is a document that is part of 11 that punch list closeout of Phase IV in the Kerrville South 12 wastewater project, something that was not done on the 13 previous projects, and we're working on the language on that 14 information to be presented to you. I'm hoping by the 22nd, 15 hopefully, or sometime in September, we'll have some type of 16 document back to you for consideration. 17 COMMISSIONER BALDWIN: Let me ask you a question 18 about that. Are you -- are you saying that there will be a 19 change? I mean, there's a possibility that we're -- we're 20 going to say no to the City to go maintain their lines? 21 COMMISSIONER OVERBY: No. It's just to have some 22 type of document, is what Grantworks had requested that -- a 23 list that we have, just so that there's an understanding that 24 they're responsible for taking care of those lines. So, 25 there's -- we just need to have something there. 8-8-11 38 1 MR. HENNEKE: The City wants a license agreement 2 saying that they have permission to go into our right-of-way 3 so as to maintain the sewer system. And since it's part of 4 that, we're working out the form conditions so that it's 5 satisfactory. 6 COMMISSIONER BALDWIN: Are there other things that 7 we're talking about? I mean, when I hear the word punch list 8 -- or words, "punch list"... 9 COMMISSIONER OVERBY: Yeah. 10 COMMISSIONER BALDWIN: We're not saying, "You 11 didn't finish this part, so you can't go on our property"? I 12 mean, we're -- it's nothing like that? 13 COMMISSIONER OVERBY: No. 14 COMMISSIONER BALDWIN: Or nothing -- 15 COMMISSIONER OVERBY: I think what happened, 16 Commissioner Baldwin, is when we -- when that project was 17 concluded, there was a walk-through, and one of the things 18 they -- we're just trying to tighten something up. There is 19 a document that should have been done, probably, on some of 20 the other future -- I mean the previous projects that we had. 21 This is just to make it clear in an understanding, and so 22 what we're trying to do is make sure, not only do we have 23 this document for covering the previous projects, but also 24 future grants or projects as well. Some of the other things, 25 you know, we've already taken care of with the property 8-8-11 39 1 owners out there, making sure everybody was satisfied, and I 2 think we've -- we're just trying to make sure we go over and 3 beyond to make sure everybody was happy with it. 4 COMMISSIONER BALDWIN: Very good. 5 JUDGE TINLEY: Any further input on that item? 6 Let's go to Item 15; consider, discuss, take appropriate 7 action to approve updates and changes to the previously 8 adopted Commissioners Court Order Number 22775, of the Texas 9 Local Government Code, Chapter 238, allowing regulations of 10 certain outdoor businesses on July 18, 1995, to reflect Texas 11 Local Government Code, Chapter 234, provisions regarding 12 regulations of outdoor businesses and occupations. 13 Mr. Garcia? 14 MR. GARCIA: Morning. I have this on there just to 15 show that the Local Government Code, Chapter 238, was 16 renumerated in Chapter 234. And that's all I'm requesting, 17 is that the current Commissioners Court order reflect the 18 updated and current Local Government Code, Chapter 234. 19 COMMISSIONER BALDWIN: What were the changes, Ray? 20 MR. GARCIA: It was just renumerated. And we had 21 reviewed it, and the County Attorney had reviewed it, and 22 everything basically stayed the same. It was just -- when 23 they changed the Local Government Code, they switched some 24 numbers around, and 238 is now 234. 25 COMMISSIONER LETZ: Move approval. 8-8-11 40 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. Question or discussion? 4 COMMISSIONER BALDWIN: I want to point out that 5 Section 2.1.1, end of the first sentence, is -- I guess 6 that's supposed to be "all," a-l-l, fences. 7 COMMISSIONER OEHLER: Looks like "c-l-l." 8 COMMISSIONER BALDWIN: "c-l-l." And then drop on 9 down to Number 3. The fence must be painted a natural earth 10 tone color. That's government telling private property what 11 to do. 12 COMMISSIONER LETZ: That's related to junkyards? 13 COMMISSIONER BALDWIN: Yeah. 14 COMMISSIONER LETZ: I just wanted to make sure the 15 audience was aware we weren't talking about all their fences 16 had to be earth tone. (Laughter.) 17 COMMISSIONER BALDWIN: Yeah. The fence -- the 18 gates have to be solid, too. But I guess we can sit around 19 the natural earth tone colors and -- and hum and all that 20 stuff. So, all right. I'm through, Judge, and I apologize. 21 JUDGE TINLEY: We're glad to have your apology on 22 the record. 23 COMMISSIONER BALDWIN: Some of it's so ridiculous, 24 I can't believe we have to do this kind of stuff. 25 COMMISSIONER OEHLER: It's amazing, isn't it? 8-8-11 41 1 THE CLERK: No motion. 2 JUDGE TINLEY: All right. 3 THE CLERK: No, I'm sorry. Commissioner Letz made 4 the motion. Buster made the second. 5 JUDGE TINLEY: All right. So, we do have a motion 6 and a second; y'all slipped that one by me. Further question 7 or discussion on the motion? All in favor of the motion, 8 signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. The motion 11 carries. Let's go to Item 16; consider, discuss, and take 12 appropriate action on tender of rental by the City of Ingram 13 for Kerr County property in Ingram utilized by the City of 14 Ingram for storage and other possible uses. Last week, the 15 mayor of the City of Ingram brought by a couple of 16 communications. One of them was a cover letter tendering a 17 check for that property that we have there that we recently 18 accepted a bid on, and basically the Council thought the only 19 fair thing to do was pay us for this lengthy period of time 20 that they'd been utilizing it. 21 COMMISSIONER OEHLER: Twenty-five years, they 22 didn't pay anything? 23 JUDGE TINLEY: Yeah. At the rate that was 24 specified in that three-year lease that we entered into back 25 in -- what, '86? 8-8-11 42 1 COMMISSIONER OEHLER: '86. 2 JUDGE TINLEY: And we have a check for $2,700. 3 COMMISSIONER OEHLER: And so, by accepting this, 4 they have paid their due, and we have authorized sale of the 5 property, and they're waiting for the deed and the payment 6 for the land from the new owner. Is that -- that where we 7 stand? 8 JUDGE TINLEY: Well, since -- well, yeah. Since 9 the tender was outside the lease terms, I thought it was 10 appropriate to lay it before the Court. I didn't -- didn't 11 have any feeling that the Court might say, "No, we're not 12 going to accept the City of Ingram's money," but -- 13 COMMISSIONER BALDWIN: You want to hear that from 14 down here? 15 JUDGE TINLEY: -- but I also wanted everybody to 16 know that they did what they thought was the right thing. 17 COMMISSIONER OVERBY: Appreciate that. 18 JUDGE TINLEY: And that was to pay for their use of 19 the property all these many years that -- that they'd had the 20 benefit of it. 21 COMMISSIONER BALDWIN: That they agreed to do. 22 JUDGE TINLEY: Yeah. 23 COMMISSIONER BALDWIN: That's fantastic. 24 COMMISSIONER OEHLER: This doesn't have -- this 25 doesn't tie them in any way -- or tie us or bind the sale in 8-8-11 43 1 any way by us accepting this? 2 JUDGE TINLEY: No. 3 COMMISSIONER OEHLER: Okay. I move approval. 4 COMMISSIONER OVERBY: I'll second it. 5 JUDGE TINLEY: Motion made and seconded for 6 approval to accept the tender. All in favor, signify by 7 raising your right hand. 8 COMMISSIONER BALDWIN: However -- wait. I want to 9 make a comment, if you don't mind. While he was here, I did 10 have a conversation with him, unrelated to this, of course, 11 that they would like to start the program -- he visited with 12 you, he said. 13 COMMISSIONER OEHLER: Yes. 14 COMMISSIONER BALDWIN: Program like we have with 15 the City, of paving -- helping them pave some of their 16 streets. 17 COMMISSIONER OEHLER: Yeah, that's going to be 18 coming shortly. 19 COMMISSIONER BALDWIN: And -- yeah. Of course, I'm 20 all in favor of it. If we have -- if our group -- if Road 21 and Bridge has time and energy to do it, I'm all in favor of 22 that. So, I thought I'd pass that along. 23 JUDGE TINLEY: It was coincidental that that other 24 communication arrived at the same time. 25 COMMISSIONER BALDWIN: Absolutely, it is. 8-8-11 44 1 COMMISSIONER OEHLER: And I know that will be on a 2 future agenda in the near future, I think, from what the 3 mayor related to me. 4 COMMISSIONER LETZ: It sounds like City of Ingram's 5 going to start functioning a lot stricter than they have in 6 the past, which is good. 7 COMMISSIONER BALDWIN: Yeah, absolutely. 8 COMMISSIONER LETZ: That's very good. I appreciate 9 them looking back and paying money under a lease that's been 10 in place for many, many years. 11 COMMISSIONER OVERBY: That's right. 12 JUDGE TINLEY: Any other question or discussion? 13 All in favor of the motion, signify by raising your right 14 hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. I'll just 19 give this to the Treasurer right now. 20 MS. WILLIAMS: Thank you. 21 JUDGE TINLEY: Okay. The next two items are 22 indicated to be executive session items. Let's go to Section 23 4 of the agenda, payment of the bills. 24 COMMISSIONER LETZ: I move we pay the bills. 25 COMMISSIONER BALDWIN: I'll second it. 8-8-11 45 1 JUDGE TINLEY: Motion made and seconded that we pay 2 the bills. Question or discussion? All in favor, signify by 3 raising 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 COMMISSIONER OEHLER: Can't find anything out of 9 the ordinary on any of them. 10 JUDGE TINLEY: Budget amendments. We have a 11 summary sheet showing Request Numbers 1 through 21. 12 COMMISSIONER BALDWIN: I've got a question about 13 one of those, Judge. 14 JUDGE TINLEY: All right, sir. 15 COMMISSIONER BALDWIN: Number 11. I just -- I'm 16 not sure what -- I'm not sure what that's saying. Would you 17 explain that to me, please? 18 MS. HARGIS: He's out of money in his fuel line 19 items. 20 COMMISSIONER BALDWIN: "He" is. Who is that? 21 MS. HARGIS: The Maintenance Department. 22 COMMISSIONER BALDWIN: Okay. 23 MS. HARGIS: In that particular department, so we 24 are moving some funds into there for him. 25 COMMISSIONER BALDWIN: Would you kind of give me a 8-8-11 46 1 hint where they're coming from? 2 MS. HARGIS: Okay. The Exhibit Center maintenance 3 still has sufficient money, so we're moving $450 from Vehicle 4 Maintenance. 5 COMMISSIONER BALDWIN: I see how it works now. 6 Thank you. 7 JUDGE TINLEY: Other questions? 8 COMMISSIONER OEHLER: Well, just a comment. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER OEHLER: I hope -- I hope the trend 11 continues till the end of the budget that we have money left 12 over for attorneys. 13 JUDGE TINLEY: I'm glad you mentioned that. I 14 think some of that may be due to the fact that our indigent 15 services people are reviewing the -- the request for 16 Court-appointed attorney applications, and there have been 17 some that they have recommended not being approved. Of 18 course, all they can do is make a recommendation to the 19 Court; the Court makes the final decision. Others, I am 20 given to understand, when they are asked to provide 21 documentation which confirms their indigency in support of 22 their application, decline to do that, and instead withdraw 23 their application and go hire their lawyer. 24 COMMISSIONER OEHLER: I'll -- from past years 25 experience, this is not common for this to be the case. 8-8-11 47 1 COMMISSIONER BALDWIN: Oh, no. 2 COMMISSIONER OEHLER: This time of year, we 3 normally are trying to find money to put into it rather than 4 having money left. 5 JUDGE TINLEY: That's exactly right. 6 COMMISSIONER OVERBY: That's good. 7 COMMISSIONER LETZ: I think, overall -- I mean, 8 there's a lot of amendments here, but they're all relatively 9 small, most of them. I mean, there's a few transfer things, 10 but they're -- to me, it shows we did a pretty good job 11 budgeting in a really tight year. I mean, we're not done 12 with budget; we still have six weeks to go, at least this 13 tinkering. But it's -- you know, we're -- we are in pretty 14 good shape, it looks like. Hope it stays there. 15 JUDGE TINLEY: Do I hear a motion that the budget 16 amendments as indicated in the summary, 1 through -- Requests 17 Number 1 through 21, be approved? 18 COMMISSIONER LETZ: So moved. 19 COMMISSIONER OEHLER: Second. 20 JUDGE TINLEY: Motion made and seconded for 21 approval of Budget Amendment Requests Numbers 1 through 21, 22 as shown on the 8 August 2011 budget amendment request sheet. 23 Further question or discussion? All in favor of the motion, 24 signify by raising your right hand. 25 (The motion carried by unanimous vote.) 8-8-11 48 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. Do we have 4 any late bills? 5 MS. HARGIS: No. 6 JUDGE TINLEY: No late bills. I've been presented 7 with monthly reports as follows: Kerr County Payroll for 8 July 2011; Kerr County Treasurer for July 2011; County Clerk; 9 Justice of the Peace, Precinct 1; Constable, Precinct 1; 10 Justice of the Peace, Precinct 4; Constable, Precinct 4; 11 Justice of the Peace, Precinct 2; Environmental Health; and 12 Justice of the Peace, Precinct 3. Do I hear a motion that 13 the indicated reports be approved as presented? 14 COMMISSIONER BALDWIN: So moved. 15 COMMISSIONER OVERBY: Second. 16 JUDGE TINLEY: Motion made and seconded that the 17 indicated reports be approved as presented. Further question 18 or discussion? All in favor of the motion, signify by 19 raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. Okay, let's 24 go to Section 5, reports from Commissioners in their liaison 25 assignments. Commissioner Oehler? 8-8-11 49 1 COMMISSIONER OEHLER: I think that -- I don't 2 think; I know that -- that Janie and one of her staff members 3 have been asked to attend another conference in Las Vegas. 4 They're being paid for by Pat Ginsbach, totally. And they 5 went two years ago and came back pretty charged up, and have 6 been using some of what they learned to try to get a lot more 7 animals adopted out, and it -- it has worked. And he has 8 asked to do that again for Janie and one other person this 9 year. I think it's in October, if I'm not mistaken. October 10 or November. 11 JUDGE TINLEY: October, I believe. 12 COMMISSIONER OEHLER: Anyway, I think that's 13 something the Court should be aware of. There won't be but, 14 I think, maybe one day's work missed for doing it. And if, 15 for some reason, the Court did not want Janie to go, she 16 would like to send the one employee that does deal with the 17 adoption part of it. And they've been really busy, and I 18 think, you know, with -- especially -- it sounds like a fun 19 trip, but, you know, some people who have been multiple 20 times, it's not much fun to go out there, really. But it -- 21 I do believe the benefit of it is good for our Animal 22 Control, and anything we can do to help her -- help get 23 animals adopted, whatever it takes, especially since it's not 24 costing the County anything, I think we ought to do it. 25 JUDGE TINLEY: You know, I think it's particularly 8-8-11 50 1 important to note Mr. Pat Ginsbach is who has been an angel 2 to that operation, essentially. The -- the newest building 3 out there that was constructed, he underwrote that. At that 4 time, he was a resident of Kerr County. 5 COMMISSIONER OEHLER: Mm-hmm. 6 JUDGE TINLEY: He has since moved to Florida. He 7 resides there now. He doesn't reside in Kerr County any 8 more. He continues to be an angel to our Animal Control 9 operation here in Kerr County, and I -- I think that's 10 particularly noteworthy, that he continues to have that 11 allegiance. 12 COMMISSIONER OEHLER: He's also done a bunch of 13 upgrades to that facility since he built it to make it better 14 and more -- more user-friendly, and pet-friendly as well, and 15 during the winter months especially, where you can close that 16 thing up and keep it at a reasonable temperature, instead of 17 just being freezing cold or -- and they can open them up and 18 they can circulate air in the summertime. So -- and he has 19 been an angel to that operation, and he has gone far and 20 beyond what most people would do to support, trying 21 everything possible to keep from euthanizing so many animals. 22 And I -- I applaud him for that, and I do believe it's a 23 worthy thing for -- for our staff members, two of them, to 24 attend. It's -- they were -- I wouldn't want their job for 25 anything. I wouldn't -- that is one of the hardest jobs I 8-8-11 51 1 can ever imagine having, having to deal with somebody's pets 2 and then all these animals that are strays and unwanted and 3 sick and whatever. There's just -- there's some things that 4 the general public doesn't know about the Animal Control 5 operation, that it's pretty disheartening to see how 6 irresponsible people -- some people are with their pets. So, 7 anyway, anything we can do to help educate the public and -- 8 and stop some of the euthanization that we don't have a 9 choice but to do, I support. 10 JUDGE TINLEY: Anything else? 11 COMMISSIONER OEHLER: That's it. 12 JUDGE TINLEY: Commissioner Baldwin? 13 COMMISSIONER BALDWIN: We're not going to vote on 14 that deal? 15 COMMISSIONER LETZ: Can't. 16 COMMISSIONER BALDWIN: Can't. 17 COMMISSIONER OEHLER: Unless you want to -- well, 18 it's not on the agenda. Mainly for information. 19 COMMISSIONER BALDWIN: I'm in agreement with you. 20 I just don't know why we can't find something like that in 21 Texas. Anyway, I want to talk about ESD's. It's time to 22 start talking about ESD's. A couple of weeks ago, Judge 23 Tinsley (sic) and I had the opportunity to sit down with the 24 former judge of Comal County out here in the hallway, and had 25 a long visit, and he was telling us about Comal County having 8-8-11 52 1 six ESD's in that county, and not a one of them go into the 2 city of New Braunfels. However, there's still a fantastic 3 relationship between the City and the County with those, and 4 the ambulance service and the fire services, et cetera. So, 5 it kind of started triggering some thoughts in my mind of 6 alternate ways to do things. And, plus, there's going to be 7 a convention-type meeting in San Antonio on ESD's next month, 8 and there's some new laws. One of the new laws is ESD boards 9 must get "X" amount of hours a year, just like we do, and I 10 think that's a good thing. But there's other -- other new 11 stuff coming down the pike, too. And, anyway, I'm going to 12 go to that meeting. It's a two-day deal, but I'm not going 13 to overnight; just going to drive down there and drive back. 14 Plus, this week I hope to be in the community of 15 Bastrop, Texas, with some close and dear friends. And while 16 we're there, I think Bastrop is kind of known as the ESD -- 17 is one of the areas that's known for ESD guruism, and I have 18 contacted the health and safety guy over there that runs all 19 that, that when we're over there on our other meeting this 20 week, I'm going to touch base with him just for a few minutes 21 to kind of get an update on some things about ESD's, the 22 proper way to do it and the right way to do it. So, I've got 23 ESD on my mind, and you'll be hearing more about it as we go 24 along. We're going to kind of start putting this thing 25 together and start rolling down the road. And -- and I sure 8-8-11 53 1 hope the taxpaying public hop on board with us and take a 2 look, 'cause it's a solution to a lot of issues that we've 3 been dealing with. That's all, thank you. 4 COMMISSIONER OEHLER: Are you going to -- are you 5 going to visit their -- isn't that where the jail is that's 6 been -- the minimum security thing that Rusty wants to talk 7 about? 8 COMMISSIONER BALDWIN: That's correct. 9 COMMISSIONER OEHLER: Isn't that where it is? 10 COMMISSIONER BALDWIN: Correct. 11 COMMISSIONER OEHLER: You're going to visit it 12 while you're there? 13 COMMISSIONER BALDWIN: Yes. 14 COMMISSIONER LETZ: From the inside or out? 15 (Laughter.) 16 COMMISSIONER BALDWIN: We're going to start on the 17 outside. Depends on how rowdy we get. But I'm taking my 18 lawyer with me. 19 COMMISSIONER OEHLER: Minimum security wouldn't do 20 any good for Buster; he'd be out of there. 21 JUDGE TINLEY: Commissioner Overby? 22 COMMISSIONER OVERBY: Judge, just a couple things 23 real quick. We do have our weatherization program. There 24 are several homes that are right now currently being assisted 25 in that program right now. I do know that AACOG will be here 8-8-11 54 1 to make a presentation to you folks on the 22nd that will 2 focus in on the aging program -- the senior aging program in 3 our area. They'll be here on the 22nd, but we hope to have a 4 full report on our weatherization program here later on. One 5 other thing I just wanted to make note of. Of course, the 6 V.A. Hospital out there on Highway 27 is in Precinct 2 area. 7 I just want to -- I've been out there this -- I volunteer out 8 there on Sundays at times, and there's a need in our 9 community for volunteers helping out there with our veterans. 10 I think a lot of times we -- we take things for granted out 11 there. We have outstanding medical facilities in our 12 community. But if you're looking for -- folks out there in 13 your churches or other places, if you're looking for a place 14 to volunteer to help, the V.A. Hospital needs volunteers on 15 certain programs that they can help a veteran out there. I 16 just wanted to bring it to your attention. There's always a 17 need to help those men and women who served our country, and 18 there's a need here in our community to help volunteers out 19 there as well. Thank you. 20 JUDGE TINLEY: Anything else? 21 COMMISSIONER OVERBY: That's it. 22 JUDGE TINLEY: Commissioner Letz? 23 COMMISSIONER LETZ: Airport. Airport is the lone 24 interlocal agreement that is still outstanding with the City 25 of Kerrville. I have talked with Steve King out there, and 8-8-11 55 1 we're trying to set up a time when he's available and the 2 Judge and I can be available, along with representatives from 3 the City, and try to put that one behind us as well. I think 4 we'll get there. It's largely centered on budget issues, 5 from what I can tell. But that one is still working. 6 Hopefully we'll have something by the end of the month, 7 anyway. ESD's, I might try to attend that with you, 8 Commissioner. I think we need to keep ESD's on the front 9 burner. It's going to take time to get -- you know, figure 10 out exactly what we think is the best way to go, and then how 11 to get it before the voters, so I applaud you for keeping 12 that -- 13 COMMISSIONER BALDWIN: Sure. 14 COMMISSIONER LETZ: -- going. 15 COMMISSIONER BALDWIN: Sure. 16 COMMISSIONER LETZ: And I think there -- and 17 towards the end of the month, I know there's a legislative 18 conference I'll be attending from TAC in Austin to try to 19 figure out what the Legislature did to us. 20 COMMISSIONER OEHLER: Likewise, I'm doing the same 21 thing. 22 COMMISSIONER LETZ: That's it. 23 JUDGE TINLEY: I might follow up a bit on 24 Commissioner Baldwin's discussion with former Judge Danny 25 Scheel of Comal County. In that discussion, he also 8-8-11 56 1 mentioned that they formed a library district over there. 2 COMMISSIONER BALDWIN: Yeah. 3 JUDGE TINLEY: And he said that, too, was operating 4 very, very well; seemed to be very satisfactory, and it 5 solves some problems that they had prior to that time, and 6 all those problems seemed to go away for them. 7 COMMISSIONER BALDWIN: He was very, very high on 8 that. 9 JUDGE TINLEY: Yes, he was, both the ESD's and the 10 library district. So, basically, what he said was if you 11 ever put one in place, you'll wonder why in the world you 12 didn't do it years and years before. 13 COMMISSIONER BALDWIN: Yeah, that's exactly right. 14 COMMISSIONER OEHLER: Well, one other thing. 15 Overby and I are going to attend the meeting of the 16 Executive Board of Stock Show Association on Wednesday night 17 at 7 o'clock. 18 COMMISSIONER OVERBY: That's correct. 19 COMMISSIONER OEHLER: To talk about more issues 20 going on with that project, and just -- 21 COMMISSIONER OVERBY: Venue tax. 22 COMMISSIONER OEHLER: -- keep everybody informed, 23 and we stay informed where they are, and kind of keep 24 communication going. 25 COMMISSIONER OVERBY: Yeah. 8-8-11 57 1 JUDGE TINLEY: Okay. How about elected officials? 2 Any elected officials have reports? We'll start over here. 3 MS. BOLIN: I have two things, actually. One of 4 them, the general update on the tax collections. We're up 5 .41 percent over last year; we're at 97.44. And last week, 6 Nadene and those of us that went to the election law seminar 7 stopped at Bickerstaff and made changes to the districts -- 8 the polling places, and it affected everybody except 9 Commissioner Baldwin. So, when I get the maps in, I'll be 10 contacting y'all so that you can come take a look and see 11 what damage we did, what we didn't do. I'm hoping to get the 12 maps today or tomorrow, and have -- if y'all approve it, then 13 I'll bring it to court on the 22nd. 14 COMMISSIONER OEHLER: Did you -- you got my 15 message? 16 MS. BOLIN: I did get your message. 17 COMMISSIONER OEHLER: To see if they could blow up 18 certain areas to where you could actually read road names and 19 know what we were looking at? 20 MS. BOLIN: She is going to try to do that. She 21 thinks we're going to have to get a larger map than 11-by-17, 22 which I think so too, but she wants you to look at what she 23 got, and then we'll go from there. 24 COMMISSIONER OEHLER: Okay. I'll be by when you 25 get them. 8-8-11 58 1 MS. BOLIN: Okay. 2 MS. WILLIAMS: I just need to present the Court 3 with the July insurance. I e-mailed -- excuse me -- e-mailed 4 copies to you guys, but I forgot to change the through-July 5 date from June to July, so -- and there's one for Cheryl. 6 COMMISSIONER OEHLER: Okay. 7 MS. WILLIAMS: Okay? 8 JUDGE TINLEY: Anything else, Ms. Williams? 9 MS. WILLIAMS: No, sir, I think that's it. 10 JUDGE TINLEY: Okay. Anybody else over here? 11 Let's get over here. Yes, ma'am? 12 MS. HARGIS: I just wanted to talk to you guys just 13 a little bit about fund balance, and -- and get you to start 14 thinking about it just a little bit. We're kind of a little 15 bit behind on our budget process that we would have normally 16 been in, which I would have presented this at. It concerns 17 me not only that our fund balance is going down, but our cash 18 balance is going down as well. We will have an amendment on 19 the health insurance. I'm hoping it's going to be around 20 400,000. Right now, that's what I'm looking at, but I can't 21 guarantee it. I want to get as close as we can till the end 22 of the year, and then we'll do that. We have drawn down -- 23 there was an e-mail that I received from another county, and 24 we've had that perfect storm now for two years, and the 25 perfect storm is that we spent about a half million dollars 8-8-11 59 1 more than we anticipated last year. This year, we spent 2 about a million more in health insurance, and that's really 3 pulled our fund balance down, and it's also pulled our cash 4 balance down. 5 You know, fund balance is an accumulation of your 6 profit and loss over a period of time. However, your cash 7 balance can be less than your fund balance, and that's what 8 I'm running into. I'm very concerned that our cash balance 9 is going to be enough to get us through this last quarter. 10 The one way we will get around that this coming year is 11 because we still have capital money left, and since we use a 12 pooled cash concept, all of our money's in one bank account, 13 so we're kind of borrowing from ourselves to get to the end 14 of the year. But last year, we had to have Diane give us 15 checks fairly early, about every two or three days. So that 16 we can, you know, get through that period of time that we 17 have about between September and November. We don't get any 18 money, per se. We get money from the different fee offices, 19 but it's nominal compared to our tax revenue. Our sales tax 20 is up. It's still running a little bit up. I'm -- you know, 21 I'm excited about that. But it's not great, but it's at 22 least running above -- 23 COMMISSIONER OEHLER: It's up and not down. 24 MS. HARGIS: That's right. And so there are some 25 positive things out there. The fee offices -- most of the 8-8-11 60 1 fee offices are at least hitting budget, which is great. But 2 we still, remember, cut those back -- way back last year on 3 the revenue side. So, I really need y'all to think about -- 4 and I've got a little chart. As you know, we don't do the 5 G.F.O.A. award, but we're working towards getting our book to 6 the fact that, you know, we'll have a lot of this information 7 in there. So, I want to pass out -- it's a little operating 8 fund balance statement. It goes from '05, and I think it 9 kind of shows you on this graph that we've kind of gone down; 10 it's the one in the green and the yellow. So, these are just 11 -- these are just food for thought when we're doing the 12 budget process. 13 The other thing that I do want y'all to consider, 14 that if we don't get our insurance numbers this week, we 15 really do need to start working on our budget, because we're 16 running up against some deadlines, so I'd like for y'all to 17 kind of think about that as well. We are still working, 18 trying to get the insurance numbers. I'm kind of in the loop 19 on that now, just trying to get that to move along a little 20 bit. Kelly -- I can't pronounce her last name -- with TAC, 21 and Bill Norton have been e-mailing me with the information 22 they've been getting. They still have a piece of that pie. 23 That's not there. They moved their offices Friday afternoon, 24 and so, therefore, we were not able to get in touch with 25 them, but I did get e-mails on Saturday, and Bill Norton 8-8-11 61 1 asked for two more pieces. One -- and it's the 2010 numbers, 2 and the high claims numbers. 3 And the Judge called Kelly this morning and 4 requested that those numbers get sent as soon as possible, so 5 once they receive those, they can probably get us something 6 by the end of the -- you know, end of this week. So, I'd 7 really like for y'all to consider a budget hearing sometime 8 the following week so we can get started. So, if nothing 9 else, we can, you know, go through some of the other items 10 that you may be thinking about and so forth. But that's 11 pretty much really all I have. I will be going to that TAC 12 conference as well. I also have a G.F.O.A. conference that 13 I'm going to be going to in September. So, that's really -- 14 you know, and if you have any questions with regard to 15 anyone's budget, if you'll just give us a call. Or anybody 16 else in here, please review your budgets, make sure. There 17 have been some mistakes that we found, so I would encourage 18 everyone to look at it just to make sure they have enough 19 money. 20 And the other thing that -- that we've kind of 21 noticed, and that we've done -- it's pretty common. A lot of 22 folks decide that, you know, "I still got money left in my 23 budget in August, September; I'm going to buy everything I 24 can buy." And we need to change that concept. If you need 25 to buy extra supplies, it would be much better for those to 8-8-11 62 1 be bought in May and June. Because what happens is, they 2 have the budget money there, and I can't -- you know, it's 3 not that we want to turn them down, but that's when our cash 4 supply is depleted, so all we're doing is depleting more of 5 our cash supply by pretty much getting either office supplies 6 or stamps or something that's going to last the next three or 7 four months. So, I'd like for everybody to consider, really, 8 if you don't need it and you can get by with it, let's wait 9 and kind of go easy the next couple months on the -- on the 10 cash flow. 11 COMMISSIONER LETZ: On your chart, on the red -- 12 the employees, are those positions or number of employees? 13 MS. HARGIS: Those -- well, those are not all 14 correct yet, either. We're still working on those. Those 15 are actually positions, I think, not number of employees. 16 COMMISSIONER LETZ: It'd be interesting -- I don't 17 know how hard it is, but on a chart like that, if you could 18 show positions, and then number of employees as well. 19 MS. HARGIS: Okay. 20 COMMISSIONER LETZ: Certainly, positions. 21 COMMISSIONER OVERBY: That'd be a good graph. 22 COMMISSIONER LETZ: That's -- you know, we have, I 23 know, about 10 or 12, maybe even more than that, positions 24 that have been left open this year due to attrition, that -- 25 working with elected officials -- 8-8-11 63 1 MS. HARGIS: That's really -- it's really being 2 helpful to us at the end of the year. I will note -- I want 3 y'all to note, on those amendments, not to get too excited 4 about the Court-appointed attorneys. If you'll notice, the 5 216th has money; the 198th is out. So, we're actually 6 feeding the 198th with the 216th money, so that's where we 7 have seen a little bit more of our trials this year, is in 8 the 198th. So, we are still doing really good, and we hope 9 to continue to do well, and I do appreciate Rosa and Dawn's 10 efforts in that regard. They -- that has been -- we're just 11 now really starting to see the effects of that. It takes a 12 little bit of time, 'cause the attorneys turn their bills in 13 about 90 days in arrears, so it kind of takes a little bit of 14 time to see it. But that's all I have. 15 JUDGE TINLEY: A couple of items. You know, my 16 experience is that our Kerr County employees and elected 17 officials and department heads do not do as we've come to 18 expect them to do in the federal government. If they have 19 some remaining money budgeted for this year, they hurry up 20 and spend it, or, quote, we won't get it next year. 21 COMMISSIONER BALDWIN: Oh, yeah. 22 JUDGE TINLEY: That's -- 23 COMMISSIONER BALDWIN: Isn't that what you do? 24 JUDGE TINLEY: That's not -- that's not the 25 methodology in Kerr County government. And the cash flow, 8-8-11 64 1 though, I can -- I can certainly see that that's something we 2 need to emphasize with them. It's not that we don't want 3 them to have what they need. We want them to have everything 4 they need, with possibly one exception out on Clearwater 5 Paseo. But -- well, because the wish list is just too 6 grandiose. We can't -- 7 COMMISSIONER OEHLER: Interesting that you brought 8 that up. 9 JUDGE TINLEY: There's no way we can satisfy some 10 of those needs. But -- but the cash flow aspect, because 11 traditionally the first quarter of our fiscal year is very, 12 very lenient on revenue, that's the reason the Comptroller 13 recommends that we have a 25 percent reserve, because it's so 14 lean during that first quarter of the year. With regard to a 15 workshop, I'd like to go ahead and set one up now. 16 COMMISSIONER BALDWIN: Me too. 17 JUDGE TINLEY: For next week, Tuesday afternoon or 18 Wednesday. 19 COMMISSIONER LETZ: Judge? 20 JUDGE TINLEY: Or we can start late morning 21 Tuesday. 22 COMMISSIONER LETZ: I would almost recommend we 23 schedule two, because I know a lot of times we're really, I 24 mean, just over -- you can only take in so much at a time. 25 And that also then gives the Auditor time to make adjustments 8-8-11 65 1 for the next day, so I'd rather have them, you know, 2 back-to-back days. 3 COMMISSIONER OEHLER: Back-to-back days. 4 COMMISSIONER LETZ: Or skip a day, either way. 5 COMMISSIONER BALDWIN: Tuesday and Wednesday. 6 COMMISSIONER LETZ: Tuesday/Wednesday or 7 Tuesday/Thursday. 8 COMMISSIONER OEHLER: Works for me. What time of 9 day? 10 JUDGE TINLEY: I've got mental health hearings in 11 the morning, but generally I'm through by 10 o'clock, or 12 10:30 anyway. 13 COMMISSIONER LETZ: 11:00? 14 COMMISSIONER OEHLER: Say 10:30 or 11:00. 15 COMMISSIONER LETZ: Or 1:00. 16 COMMISSIONER OVERBY: Is that Tuesday? Yeah. 17 JUDGE TINLEY: 1 o'clock. 18 MS. HARGIS: Let's do 1 o'clock. On both days? 19 COMMISSIONER LETZ: That's fine. 20 COMMISSIONER OEHLER: 1 o'clock Tuesday and 21 Wednesday. 22 COMMISSIONER BALDWIN: But just think of it this 23 way, guys. If you did it in the morning, at 11:00 we could 24 all go to Buzzie's together. 25 COMMISSIONER LETZ: Or we can meet before and go to 8-8-11 66 1 Buzzie's. 2 COMMISSIONER BALDWIN: Where's the fellowship? 3 Yeah, we can meet before. 4 COMMISSIONER OVERBY: On Wednesday, I just -- just 5 a note. I can be here after 1:00. I do have a program at 6 Rotary on Wednesday, so I'll be here probably 1:15 or so. 7 COMMISSIONER LETZ: Good, we can cut Precinct 2 on 8 Wednesday. (Laughter.) 9 COMMISSIONER OVERBY: Hey, hey, go easy. 10 JUDGE TINLEY: First item, right? 11 COMMISSIONER OEHLER: We're going to meet at 12:00, 12 right? 13 COMMISSIONER OVERBY: Go easy on Precinct 2, man. 14 COMMISSIONER OEHLER: Yeah. If you're not here, 15 you don't -- 16 COMMISSIONER LETZ: We didn't make any changes; 17 trust us. 18 COMMISSIONER OVERBY: I'll wrap up the program. 19 JUDGE TINLEY: So, we've got -- we're plugging in 20 1 o'clock both next Tuesday and Wednesday, the 16th and 17th, 21 then. Good enough. Let's go ahead and do the agendas, 22 and -- 23 COMMISSIONER LETZ: Judge, on liaison things, one 24 other thing. Region J is meeting in Bracketville this 25 Thursday. 8-8-11 67 1 JUDGE TINLEY: We're all going to rush right down. 2 COMMISSIONER LETZ: I thought if y'all -- anyone 3 that wants to, you know, you can drive to Bracketville. 4 COMMISSIONER BALDWIN: That's dedication, I'm 5 telling you. 6 COMMISSIONER OEHLER: I did a job down there once, 7 and I haven't been back. 8 COMMISSIONER LETZ: They are meeting at the 9 library. 10 MS. GRINSTEAD: It's changed. 11 COMMISSIONER LETZ: Oh, it's changed. We're 12 meeting somewhere in Bracketville, I'm sure. Look for three 13 or four cars piled in one spot; that's where we'll be 14 meeting. 15 COMMISSIONER OVERBY: That's a congregation. 16 COMMISSIONER BALDWIN: Judge, I've got a question 17 for the Auditor. She's talking about the -- the attorneys 18 generally bill in arrears sometimes 90 days. What do you do 19 about those bills -- attorney bills that are turned in, let's 20 say, in September or sometime? 21 MS. HARGIS: The September -- as long as they're 22 dated in September, we try to pay those the first part of 23 October. That's what we call our payables. That's where you 24 accrue the expenses for the prior year. We pay those -- try 25 to pay those by the first court date. If we don't get them 8-8-11 68 1 till after that, then they go into the new year budget. 2 COMMISSIONER BALDWIN: So -- but the -- their work 3 is incurred in September, -- 4 MS. HARGIS: Mm-hmm. 5 COMMISSIONER BALDWIN: -- and -- but they don't 6 bill until 90 days -- 7 MS. HARGIS: If they don't bill -- the reason they 8 do that is that the judges prefer that they finish a trial 9 rather than get interim payments, and so it could be 90 days; 10 it could be 120 days. And since we've always had that, it's 11 really consistent with what we've done in the past, so it 12 probably evens out on the long haul. 13 COMMISSIONER BALDWIN: And something that -- a 14 court that was in September, that can ride on into the next 15 -- next budget anyway, can't it? 16 MS. HARGIS: Yeah, it could be as far as January, 17 so we don't really have any control over those. 18 COMMISSIONER BALDWIN: Just trying to keep an eye 19 on these lawyers. You know how they are. 20 MS. HARGIS: I know. 21 COMMISSIONER OEHLER: Boy, you should have been in 22 Austin last week. 23 COMMISSIONER BALDWIN: No, I shouldn't have. 24 Mountain Home was bad enough. 25 JUDGE TINLEY: Okay. Any other elected officials? 8-8-11 69 1 Department heads? I'm shocked. I am shocked. 2 COMMISSIONER OEHLER: Don't stir him up. 3 COMMISSIONER BALDWIN: Come on, Rusty. 4 JUDGE TINLEY: Okay. We'll be in recess for about 5 15, 20 minutes, and we'll come back and finish up. 6 (Recess taken from 10:22 a.m. to 10:45 a.m.) 7 - - - - - - - - - - 8 JUDGE TINLEY: Okay, let's come back to order, if 9 we might. Let me recall Item 12; consider, discuss, and take 10 appropriate action to approve grant contract with Cailloux 11 Foundation with respect to the funding for Butt-Holdsworth 12 Memorial Library. The County Attorney has mentioned to me 13 that -- that there's some conflict between the cover letter 14 by which the contract was sent and the contract itself. 15 There probably needs to be a specified term spelled out in 16 the grant agreement that it is, in fact, limited to FY 11-12, 17 as opposed to being considered as being open-ended, 18 particularly as it relates to the conditions, for example. 19 And because of that, it'd probably be best if we gave the 20 County Attorney an opportunity to get those details worked 21 out before we finally approve that agreement. 22 COMMISSIONER OEHLER: We need to rescind this 23 order? 24 JUDGE TINLEY: Yeah, I think that is -- that's 25 probably the best course of action. We got plenty of time to 8-8-11 70 1 do that, so I -- I'd rather get all those details resolved. 2 I'm sure it won't be a problem, but I'd just like to get them 3 resolved in advance of -- of the final approval, and that way 4 we won't be concerned about things cropping up in the future. 5 COMMISSIONER BALDWIN: I agree, Judge. 6 JUDGE TINLEY: That weren't anticipated. 7 COMMISSIONER OEHLER: I totally agree with that. I 8 didn't like that at all, that cover letter. 9 COMMISSIONER BALDWIN: So, we need a motion? Or -- 10 JUDGE TINLEY: Yeah. Well, since -- since it's -- 11 there's been approval, we'd need a motion -- 12 COMMISSIONER BALDWIN: Well, I move that we rescind 13 whatever court order that was, to -- just simply that. 14 JUDGE TINLEY: Okay. I have a motion to rescind 15 the court order that approved the grant contract with 16 Cailloux Foundation with regard to the funding of 17 Butt-Holdsworth Library. 18 COMMISSIONER OEHLER: 322 -- 19 THE CLERK: 65. 20 COMMISSIONER OEHLER: -- 65. 21 THE CLERK: 32265. 22 COMMISSIONER OEHLER: 32265, court order. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER BALDWIN: That's exactly what I 25 thought it was. 8-8-11 71 1 COMMISSIONER OEHLER: Well -- 2 COMMISSIONER LETZ: Who seconded the motion? 3 THE CLERK: I don't have a second. 4 COMMISSIONER OEHLER: Just relaying the 5 information. 6 COMMISSIONER LETZ: Just need a second? Second. 7 JUDGE TINLEY: We have a motion and a second to 8 rescind the indicated court order dealing with the approval 9 of the grant contract for funding of the library with 10 Cailloux Foundation. Further question or discussion? 11 COMMISSIONER LETZ: Question. Is the intent for 12 the County Attorney to visit with the Caillouxes about -- or 13 work with them? 14 JUDGE TINLEY: Yes. 15 COMMISSIONER LETZ: I might want to go along on 16 that, because I was the one that was primarily visiting with 17 them. 18 MR. HENNEKE: Okay, we'll schedule a meeting. 19 There's questions just about the language, you know, the form 20 of what they sent over. 21 COMMISSIONER LETZ: Okay. 22 JUDGE TINLEY: Further question or discussion? All 23 in favor, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 8-8-11 72 1 (No response.) 2 JUDGE TINLEY: Motion does carry. Okay, we have a 3 couple of executive session items, Items 17 and 18. We'll 4 first consider Item 17. It's now 10:48, and we'll go out of 5 public or open session for the purpose of going into 6 executive or closed session. 7 (The open session was closed at 10:48 a.m., and an executive session was held, the transcript of which 8 is contained in a separate document.) 9 - - - - - - - - - - 10 JUDGE TINLEY: Okay, we're back in public or open 11 session at 11:43. Any member of the Court have anything to 12 offer with respect to Item 17 in open session? Consider, 13 discuss, take appropriate action to transfer allocation of 14 Human Resources Director functions and/or duties to Dawn 15 Lantz. 16 COMMISSIONER BALDWIN: I do, Judge, and thank you 17 for asking. First of all, I want to explain that my name is 18 on here because I was -- I was standing in the right place at 19 the right time. But this whole thing is -- we can give a 20 hearty thanks to Judge Tinley because of his vision of being 21 able to see the need for filling this position, and being 22 able to see Mrs. Lantz as a -- as the perfect person to put 23 in there to complete that. And I just happened to be 24 standing out there the other day and got stuck with this 25 responsibility. And it's with pride and pleasure that I do 8-8-11 73 1 make a motion here to offer Dawn Lantz the position of Human 2 Resources Director, at a salary of $53,000 annually, and a 3 $5,000 training -- if there's not a training line in that 4 budget, let's get one in there with $5,000. And this motion 5 would include "effective immediately." That would be a lot 6 like today. That's my motion. 7 COMMISSIONER LETZ: Second. 8 JUDGE TINLEY: We have a motion and a second that 9 Dawn Lantz be offered the position of Human Resources 10 Director, at a salary of $53,000 annually, plus ordinary 11 benefits of all employees, $5,000 training allocation, 12 effective immediately. 13 COMMISSIONER OEHLER: And that has nothing to do 14 with her previous job. 15 COMMISSIONER LETZ: I was going to add that -- 16 COMMISSIONER OEHLER: That will be designated at a 17 later date, because it's not on the agenda. This is total 18 compensation for both jobs. 19 COMMISSIONER BALDWIN: Correct. 20 COMMISSIONER LETZ: Can't -- 21 JUDGE TINLEY: For the immediate time being, she 22 would carry the indigent health care -- indigent functions 23 with her. 24 COMMISSIONER OEHLER: Continue to. 25 JUDGE TINLEY: Yeah. 8-8-11 74 1 COMMISSIONER LETZ: Rob, we can't do that? 2 COMMISSIONER OEHLER: Can't do that, can we? 3 COMMISSIONER LETZ: Can we assign the duties of the 4 indigent health care to H.R. at this time, under the wording? 5 MR. HENNEKE: I think you're talking about her 6 duties, as I understand. 7 COMMISSIONER OEHLER: This would include that. 8 MR. HENNEKE: You defined her duties to include her 9 current responsibilities for the interim, as well as that of 10 the Human Resources Director. 11 COMMISSIONER BALDWIN: Correct. 12 MR. HENNEKE: Is that correct? 13 COMMISSIONER LETZ: That's correct. So, that -- 14 you would amend the motion slightly to include that she 15 continues her current -- 16 COMMISSIONER BALDWIN: That's fine. 17 COMMISSIONER LETZ: She'll carry that with her. 18 JUDGE TINLEY: Those duties. 19 COMMISSIONER LETZ: Her responsibilities. 20 JUDGE TINLEY: Okay. Any question or discussion? 21 COMMISSIONER BALDWIN: Did we get a second? 22 COMMISSIONER LETZ: Yeah, I seconded. 23 COMMISSIONER BALDWIN: Oh, good for you, Jon. 24 You're a nice young man. 25 JUDGE TINLEY: Commissioner, you were exactly 8-8-11 75 1 right; you were in the right place at the right time. And 2 your hearing was working very well at that time, I might add, 3 contrary to what it seems to be on other occasions. 4 COMMISSIONER BALDWIN: That is true. Selective 5 hearing. I've been around you lawyers long enough. 6 JUDGE TINLEY: I just wanted to verify that. Any 7 other questions or comments? All in favor, signify by 8 raising 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 carries. 13 COMMISSIONER BALDWIN: You accept? 14 MS. LANTZ: Yes, sir, I do. 15 COMMISSIONER BALDWIN: Congratulations. Thank you. 16 MS. LANTZ: Thank you. 17 JUDGE TINLEY: With regards to Item 18; consider, 18 discuss, take appropriate action to authorize legal steps to 19 be taken subsequent to decision of Travis County District 20 Court on L.C.R.A. CREZ line case, any member of the Court 21 have any formal action that they wish to offer with regard to 22 that? 23 COMMISSIONER LETZ: I'd just request that the 24 County Attorney look into filing the appeal and what that 25 will involve from a financial standpoint, and what legal 8-8-11 76 1 issues may be brought up, and to report back to the Court at 2 our next meeting. 3 MR. HENNEKE: Yes, sir. 4 JUDGE TINLEY: Okay. Do we need a specific motion, 5 or is that just direction? 6 COMMISSIONER LETZ: That's just direction. 7 JUDGE TINLEY: Okay. Okay, I think that's 8 adequate. Anything else with regard to that item? Anything 9 else to come before the Court today? What about the lights? 10 Do we want to recess? 11 COMMISSIONER LETZ: No. 12 COMMISSIONER OEHLER: What do you mean, "No"? I 13 can't believe Peter's not back here with something. 14 COMMISSIONER LETZ: Well, he isn't back, so we 15 can't talk about it. 16 COMMISSIONER OEHLER: We can talk about it at the 17 next meeting. 18 JUDGE TINLEY: Okay. 19 COMMISSIONER OVERBY: That'd be good. 20 JUDGE TINLEY: All right. Anything else, 21 gentlemen? We're adjourned. 22 (Commissioners Court adjourned at 11:48 a.m.) 23 - - - - - - - - - - 24 25 8-8-11 77 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 10th day of August, 8 2011. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 8-8-11