1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, October 24, 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 October 24, 2011 2 PAGE --- Commissioners' Comments 6 3 1.2 Pubic Hearing concerning revision of plat for 4 Lots 119, 120, and 121 of Vistas Escondidas De Cypress Springs Estates, Precinct 4 13 5 1.1 Consider/discuss, take appropriate action on 6 request to bring private ambulance service to Kerr County 14 7 1.3 Consider/discuss, take appropriate action for 8 final approval on revision of plat for Lots 119, 120, and 121 of Vistas Escondidas De Cypress 9 Springs Estates, Precinct 4 18 10 1.4 Consider/discuss, take appropriate action to approve & authorize Environmental Health Director 11 to fill position for environmental enforcement and compliance officer at current step and grade 21 12 1.5 Consider/discuss, take appropriate action for 13 approval of preliminary revision of plat for Lots 1-A and 1-B, Block 7, Village West Industrial 14 Park, Phase Two; set a public hearing 22 15 1.6 Consider/discuss, take appropriate action on FY 2011 Chapter 59 Asset Forfeiture Reports for 16 198th D.A., 216th D.A., Constables 1, 2 & 3, and Kerr County Sheriff as required by Code of 17 Criminal Procedure 24 18 1.7 Consider/discuss, take appropriate action on request from Hill Country District Junior 19 Livestock Association to use Flat Rock Park from Thursday, January 19, 2012, at 12:01 a.m. 20 to Saturday, January 21, 2012, at 8:00 a.m. to park trailers and use as a staging area for 21 delivery of animals 26 22 1.8 Consider/discuss, take appropriate action on requests from appointed and elected officials to 23 appoint clerks and assistants for their offices pursuant to Local Government Code, Chapter 151 29 24 1.10 Update on status of Kerr County and Southern 25 Edwards Plateau – Habitat Conservation Plan 30 3 1 I N D E X (Continued) October 24, 2011 2 PAGE 1.11 Consider/discuss, take appropriate action to 3 nominate one or more candidates for election as board members for Kerr Central Appraisal 4 District 34 5 1.12 Consider/discuss, take appropriate action on responses to the RFQ submitted by qualified 6 consultants/architects for design, plan, and construction of additions to Kerr County Adult 7 Detention Center 38 8 1.13 Consider/discuss, take appropriate action to approve intergovernmental agreement between 9 Bandera County and Kerr County regarding housing of Kerr County prisoners in Bandera County Jail 43 10 1.14 Consider/discuss, take appropriate action to 11 approve employee health benefits contract with Texas Association of Counties 45 12 1.15 Consider/discuss, take appropriate action to 13 reappoint Coral Adema and Patrice Doerries as Kerr County representatives to Senior Advisory 14 Committee for AACOG 46 15 1.16 Consider/discuss, take appropriate action regarding a nonexclusive engagement agreement 16 for legal and professional services to be provided to Kerr County by Bickerstaff Heath 17 Delgado Acosta LLP of Austin, Texas 47 18 1.17 Consider/discuss, take appropriate action regarding complaint of Cecil Atkission and 19 City of Kerrville Against L.C.R.A. Transmission Services Corporation; PUC Docket No. 39516 20 (Executive Session) -- 21 1.9 Consider/discuss, take appropriate action on resolution for Dietert Center so they may apply 22 for Texas Department of Agriculture grant for “Meals on Wheels” 52 23 4.1 Pay Bills 60 24 4.2 Budget Amendments -- 4.3 Late Bills 62 25 4.4 Approve and Accept Monthly Reports 63 4 1 I N D E X (Continued) October 24, 2011 2 PAGE 5.1 Reports from Commissioners/Liaison Committee 3 Assignments 64 4 5.2 Reports from Elected Officials/Department Heads 76 5 1.18 Consider/discuss, take appropriate action to approve contractual agreement with Business 6 Development Company, et al. (Executive Session) -- 7 1.19 Consider/discuss, take appropriate action to discuss personnel matters involving Chief Deputy 8 Treasurer, including assignments, duties, and compensation (Executive Session) -- 9 3.1 Action as may be required on matters discussed 10 in Executive Session 82 11 --- Adjourned 83 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, October 24, 2011, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Monday, October the 24th, 2011, at 9 a.m. It is that 11 time now. Commissioner Oehler? 12 COMMISSIONER OEHLER: Yes. Would you please stand 13 for a word of prayer, and followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. At this time, if there's 16 any member of the public or audience that wishes to be heard 17 on any matter which is not a listed agenda item, this is your 18 opportunity to come forward and tell us what's on your mind. 19 If you wish to be heard on an agenda item, we'd prefer that 20 you fill out a participation form. They are located at the 21 rear of the room. It's not essential that you do that, but 22 it helps me to know that there's someone that wishes to be 23 heard when we get to a particular agenda item. But right 24 now, if there's anybody that wishes to be heard on any matter 25 which is not a listed agenda item, this is your opportunity 10-24-11 6 1 to come forward and tell us what's on your mind. Seeing no 2 one coming forward, we'll move on. Commissioner Oehler, what 3 do you have for us this morning? 4 COMMISSIONER OEHLER: Well, not a whole lot, Judge. 5 Just need -- just need the rain, just like I asked for. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER OEHLER: You know, I tell you, there's 8 one thing that if any of us could get rid of, we probably 9 would, and that would be the burn ban, and being -- getting 10 the phone calls that -- that we get. And I will say that the 11 good thing about that is that people at least call before 12 they decide to go light some kind of fire, see if it's okay 13 or not. But I don't know of a bigger pain in the side than 14 that one that we have, but at least it's in individual 15 precincts and not county-wide. So, you know, pray for rain, 16 and hope everybody can go back to burning whenever they want 17 to burn. 18 JUDGE TINLEY: Thank you. 19 COMMISSIONER OEHLER: That's it. 20 JUDGE TINLEY: Commissioner Baldwin? 21 COMMISSIONER BALDWIN: I want to "amen" everything 22 the good commissioner said on the other end of the table. I 23 don't have anything, Judge. I -- there's something exciting 24 happening in here today, and I don't know what it is, but I 25 can't wait to see it. 10-24-11 7 1 JUDGE TINLEY: I'm going to let you know here in 2 just a bit. 3 COMMISSIONER BALDWIN: Thank you. 4 JUDGE TINLEY: All right. Commissioner Overby? 5 COMMISSIONER OVERBY: Just a couple things since 6 the last time we met. I'd like to say thank you; on October 7 15th, we had our Kerr County historical dedication of our 8 marker out at the Camp Verde Store area; the Penateka 9 Historical Commission marker was dedicated. I'd like to 10 thank Julie Leonard and Paul Parks with our Kerr County 11 Historical Committee for the fine work that they did in 12 putting that event on. A lot of good folks came; it was a 13 lovely day out at Camp Verde. And then I also have very 14 proud award that we're glad to see, and a presentation. That 15 will be this Saturday at the Center Point Volunteer Fire 16 Department. We will have a new pumper truck that will be 17 there. It'll be a new pumper truck, tanker truck that will 18 there. It's a brand-new fire vehicle that will be there, and 19 that was provided by local grants for about $250,000. 20 We will also be having the 60th fish fry of the 21 volunteer fire department, recognizing the 60th year of the 22 volunteer fire department out in Center Point this weekend. 23 That's from 4:00 to 8:00. And, again, I appreciate all the 24 hard work that Danny and them are doing out there, and those 25 are a couple of things that are going on. And this 10-24-11 8 1 afternoon, we'll have a little excitement at 1 o'clock. I 2 think we have our Airport Planning Committee -- committee 3 meeting today, which Commissioner Letz and myself will be 4 attending this afternoon as well. 5 COMMISSIONER BALDWIN: Should we pray again? 6 COMMISSIONER OVERBY: Yeah, we'll probably come 7 back and have another prayer before we go. But, anyway, 8 looking forward to that. It's been busy. 9 JUDGE TINLEY: Is that it? 10 COMMISSIONER OVERBY: That's it. 11 JUDGE TINLEY: Commissioner Letz? 12 COMMISSIONER LETZ: One thing. I'm not sure if the 13 whole Court received an e-mail; I know the Judge did, but we 14 always -- frequently talk about how we don't get along with 15 other governmental entities, and U.G.R.A. has taken it upon 16 themselves to kind of show something different, and they're 17 going to be giving an award to Ray Garcia this Wednesday -- 18 or really not an award; I guess it's more of a recognition, 19 recognizing years of outstanding cooperation between his 20 department and U.G.R.A. on solid waste and water quality 21 issues in the Guadalupe River. It's at 3:30. So, I think 22 that's -- and it is good. And on the same note, I was with 23 U.G.R.A.; U.G.R.A. had an appeal to the Water Development 24 Board's board of directors last Thursday, and they asked me 25 to go along. I went and made a comment supporting their 10-24-11 9 1 appeal. Unfortunately, their appeal was not approved, but we 2 did have a good meeting after that regarding some issues with 3 trying to finalize the water and wastewater EDAP grants in 4 east Kerr County, and so we're working on those again, trying 5 to get those finalized. 6 JUDGE TINLEY: Is that it? 7 COMMISSIONER LETZ: That's it. 8 COMMISSIONER OEHLER: One more thing to reiterate 9 on what you just said. I'm not going to to be able to be 10 there on Wednesday. Judge, are you planning -- 11 COMMISSIONER LETZ: I plan on being there. 12 COMMISSIONER OEHLER: You plan on being there? 13 Good. I'm not going to be able to go. I sent Ray Buck an 14 e-mail this morning with some comments that I hope that he 15 will make on my behalf to the U.G.R.A. Board. Also, the 16 other thing I forgot to mention is the lights are up to the 17 Ag Barn, and they are working. So, the fair people can 18 take -- unload their gun now, and put it on somebody else 19 besides me. Thank you. 20 JUDGE TINLEY: I too want to congratulate the Kerr 21 County Environmental Health Department and Mr. Garcia, the 22 director there, for the fine work they've done and the 23 recognition they're getting from U.G.R.A. For any of us that 24 can be there, that will be at the U.G.R.A. meeting this 25 Wednesday afternoon. I think it's at 3 o'clock. 10-24-11 10 1 COMMISSIONER LETZ: 3:30. 2 JUDGE TINLEY: 3:30. 3:30 is the time of the 3 meeting if anyone wishes to be there. So, we're pleased to 4 have their department getting recognized. I also want to 5 recognize some fine folks here from the Tierra Linda 6 Volunteer Fire Department. Even though those folks are just 7 a toss across the county line in Gillespie County, they've 8 always thought of themselves as being from Kerrville here. 9 They've got Kerrville addresses, and they do some outstanding 10 coverage for our area out -- out Harper Road, Northwest 11 Hills, Tierra Vista, Aqua Vista and those areas out there, 12 some pretty significant developments. And they've always 13 done an outstanding job there, and we're really, really proud 14 of them, and proud to support them. But recently, they -- we 15 had 10 members of that department who completed a Red Cross 16 Emergency Medical Response course, and that is a pretty 17 significant course. It puts these people in a pretty good 18 position to render first aid and medical -- first response 19 efforts to anyone that's in need of that, where that becomes 20 appropriate. Approximately 51 hours of training goes into 21 this course. We have a number of those individuals here. If 22 -- if you would, if you'd all please stand, and I'm going to 23 read off the names of the individuals that participated in 24 that course. 25 Ed Marker, of course; he's the chief. Ed Whitaker 10-24-11 11 1 Sam Barrett, Marcia Barrett, Bud Kersten, Bob Dockey, Charlie 2 Orr, Amy Ives, Laura Emmons, and Miles Devine. And these -- 3 these folks are some folks that we need to really be proud 4 of. They serve us well. They serve us without compensation. 5 They do it out of a sense of duty to the community. We thank 6 you, and we congratulate you on your course completion. 7 Thank you very much. 8 (Applause.) 9 JUDGE TINLEY: One other item, Commissioners. 10 We've got a canvassing of the election that we need to do, 11 and the -- the canvassing can occur between November 16 and 12 21. I need to know what the Court's preference is. 13 COMMISSIONER BALDWIN: 16 and 21? 14 JUDGE TINLEY: Mm-hmm. 15 COMMISSIONER BALDWIN: Any of the above? 16 COMMISSIONER OEHLER: 16 is fine with me. 17 COMMISSIONER BALDWIN: 16's fine? 18 COMMISSIONER OEHLER: I may have a conflict. 19 COMMISSIONER OVERBY: 16th, Wednesday? 20 COMMISSIONER OEHLER: Yeah. I've got a bunch of 21 stuff coming up around that time. 22 JUDGE TINLEY: Okay. What time, gentlemen? 23 COMMISSIONER LETZ: 9:00? 10:00? 24 COMMISSIONER OVERBY: Yeah, earlier. 25 COMMISSIONER LETZ: 9:00? 10-24-11 12 1 JUDGE TINLEY: 9 o'clock? 2 COMMISSIONER BALDWIN: 9 o'clock. 3 COMMISSIONER OEHLER: 9 o'clock on the 16th. 4 COMMISSIONER BALDWIN: Canvass votes. 5 JUDGE TINLEY: Good enough. Okay. One more item 6 that we have here this morning. As most of you are aware, 7 Mindy Williams, our Kerr County Treasurer, has elected not to 8 seek another term of office as Kerr County Treasurer. She 9 decided to retire, and the employees and elected officials 10 and department heads wanted to honor her with a little gift 11 this morning, and so we need for her to come on up here so 12 that we can present that to her. 13 MS. WILLIAMS: You mean up there? 14 JUDGE TINLEY: Oh, yeah, we want you up there where 15 everybody can see you. 16 MS. WILLIAMS: Okay. 17 JUDGE TINLEY: Your fellow employees and elected 18 officials wanted you to have this as a little memento of your 19 service here in Kerr County as Kerr County Treasurer. We 20 appreciate your service, Mindy. 21 (Applause.) 22 COMMISSIONER BALDWIN: She was crying a month ago; 23 she's still crying. (Laughter.) 24 COMMISSIONER OEHLER: I don't know if it's tears of 25 joy, or -- 10-24-11 13 1 COMMISSIONER BALDWIN: Yeah. Finally. 2 MS. WILLIAMS: We won't say. 3 JUDGE TINLEY: Okay. 4 MS. WILLIAMS: Thank you. 5 COMMISSIONER OVERBY: Thank you. 6 JUDGE TINLEY: I think that's -- that's all I've 7 got before we get running here. Let's go ahead and take our 8 timed items first. First, let's quickly go to Item 2. Let 9 me recess the Commissioners Court meeting and convene a 10 public hearing concerning the revision of plat for Lots 119, 11 120, and 121 of Vistas Escondidas de Cypress Springs Estates, 12 as set forth in Volume 7, Pages 363 and 364, and located in 13 Precinct 4. 14 (The regular Commissioners Court meeting was closed at 9:13 a.m., and a public hearing was held in open 15 court, as follows:) 16 P U B L I C H E A R I N G 17 JUDGE TINLEY: Is there any member of the public or 18 audience that wishes to be heard with respect to the revision 19 of plat for Lots 119, 120, and 121 of Vistas Escondidas de 20 Cypress Springs Estates, as set forth in Volume 7, Pages 363 21 and 364? Seeing no one coming forward, I will close the 22 public hearing concerning the revision of plat for Lots 119, 23 20, and 121 of Vistas Escondidas de Cypress Springs Estates, 24 as set forth in Volume 7, Pages 363 and 364, and located in 25 Precinct 4. 10-24-11 14 1 (The public hearing was concluded at 9:14 a.m., and the regular Commissioners Court meeting was 2 reopened.) 3 - - - - - - - - - - 4 JUDGE TINLEY: I will reconvene the Commissioners 5 Court meeting and go to Item 1; to consider, discuss, and 6 take appropriate action on request to bring a private 7 ambulance service to Kerr County. This item was placed on 8 the agenda at the request of Mr. Scott Evans. 9 MR. EVANS: Yes, sir. 10 JUDGE TINLEY: And if you'll give us your address, 11 Mr. Evans, and tell us what you're here for. 12 MR. EVANS: Okay. How are y'all doing this 13 morning? Good to see y'all and everything. Basically, what 14 we're trying to do is we're trying to bring a private 15 ambulance service into Kerr County over here. We'd like to 16 bring it -- I -- and also, I saw it in the paper this morning 17 over here -- I'm not with Courtesy EMS any more. That was 18 the company that I was with before. They weren't doing too 19 good business practices over there, so I decided to move on 20 to a different company, so now I'm with South Medical 21 Ambulance here. We're ramping up, getting up to the point 22 where we're going to go ahead and approach the City and get 23 that Certificate of Necessity and Convenience for the public 24 interest, and start trying to work out here. What we'd like 25 to do is, we'd like to take over the transfer service, but 10-24-11 15 1 we'd also like to be here for -- as a backup, too. 2 This company is a basic life support company. And 3 what I've done, I've come in and I've brought them -- getting 4 them to where they're a mobile intensive care unit status, so 5 that's in line with the fire department. So, basically, like 6 I said, what -- and what we'd like to do is, we're not -- 7 we're not kind of relegated to -- to stay here in the city. 8 We can put our operations out in the county too, and we'd 9 like to eventually get to a point where it would be, like, 10 the closest appropriate unit kind of deal, where we're out -- 11 out in the county and a call goes out in our area out there, 12 what we'd like is to go ahead and maybe respond to that, you 13 know. That way it -- it will knock out probably 15, 20 14 minutes off the response time out to the farther ends of the 15 county out there. We're going to start moving over towards 16 Bandera County too, start working with the nursing homes 17 there. So, our primary business, we want to -- we want to 18 contract with the nursing homes and we want to do those 19 transfers, so the -- so the city fire department -- so they 20 can get out there and take care of the citizens and do the 21 911 service. 22 JUDGE TINLEY: You presently have pending an 23 application for a Certificate of Convenience and Necessity 24 with the City? 25 MR. EVANS: Yes, sir. Yes, sir. As a matter of 10-24-11 16 1 fact, we're going to meet with them on Wednesday here. We're 2 going to meet with the City Manager and go ahead and start 3 the -- start the appropriate actions that we need to do over 4 there. So -- 5 JUDGE TINLEY: Okay. Do you -- do you have 6 operations in any nearby municipalities or counties? 7 MR. EVANS: Yes, sir. Right now they're operating 8 out of San Antonio. They've got -- right now they're running 9 two ambulances out of San Antonio. We're getting ready to 10 purchase some more. We've already purchased quite a bit of 11 the MICU equipment. And, again, MICU is mobile intensive 12 care unit. So, EKG, medications, stuff that we need -- the 13 IV's, stuff that we need to go ahead and do, you know, to 14 operate at that level. So -- and what I'd like to do is, I'd 15 like to put some -- I'd like to put some information down on 16 paper for y'all as far as our protocols, as far as how we 17 operate and everything else, just to show y'all that we are 18 at or above -- a little bit above the -- the level of the 19 city fire department. 20 JUDGE TINLEY: Is your plan to deal with patients 21 to and from Peterson Regional? 22 MR. EVANS: Yes, sir. Yes, sir, with Peterson. 23 We're going to work with the V.A., with the State Hospital, 24 with various entities around here too. So -- and like I 25 said, we -- that's what we -- we specialize in, is the 10-24-11 17 1 transfers itself. 2 JUDGE TINLEY: Okay. And you want to leave us some 3 information here today? 4 MR. EVANS: No. No, not today. I'm putting it 5 together. 6 JUDGE TINLEY: Okay. 7 MR. EVANS: What I'd like is to see if I could 8 maybe come by and drop it off for y'all, and get in touch 9 with y'all and let you know everything, too. 10 JUDGE TINLEY: Absolutely. Absolutely. 11 MR. EVANS: Yes, sir. And, like I said, you know, 12 we'll be available for -- if y'all have any questions or 13 anything else like that, be available here. You know, we can 14 discuss whatever -- you know. 15 COMMISSIONER BALDWIN: Judge, I think the proper 16 steps in this thing is for these folks to get their 17 certificate from the City of Kerrville, and then come back 18 and talk to us, 'cause it seems to me that that would be step 19 one, is -- is cutting the deal with the City. 20 JUDGE TINLEY: Well, they have that pending. 21 And -- 22 COMMISSIONER BALDWIN: That's Wednesday? 23 MR. EVANS: Yes, sir. Well, the City Manager, 24 we're going to meet with Mr. Parton over there. We're going 25 to meet with him, and then we're getting on the agenda for 10-24-11 18 1 the November 8th City Council meeting. 2 COMMISSIONER BALDWIN: Cool. 3 JUDGE TINLEY: Okay. But in the meantime, you're 4 going to -- or sometime in the near future, you're planning 5 on bringing us some information? 6 MR. EVANS: Yes, sir. As a matter of fact, I'll 7 drop it off tomorrow. 8 JUDGE TINLEY: Okay. 9 MR. EVANS: I'll get everything dropped off 10 tomorrow to y'all. 11 JUDGE TINLEY: Okay. We thank you. 12 MR. EVANS: And that way, you know, like I said, 13 y'all -- if y'all have any questions at this point, please 14 feel free to -- 15 COMMISSIONER BALDWIN: Okay. 16 MR. EVANS: -- give me a call here. 17 COMMISSIONER BALDWIN: Thank you. 18 JUDGE TINLEY: Any more questions for Mr. Evans 19 this morning? Thank you, sir. 20 MR. EVANS: Thank you very much. 21 JUDGE TINLEY: Appreciate you being here. 22 MR. EVANS: Appreciate it. 23 JUDGE TINLEY: Let's go to Item 3, which is a timed 24 item for 9:05; to consider, discuss, and take appropriate 25 action for the final approval on the revision of plat for 10-24-11 19 1 Lots 119, 120, and 121 of Vistas Escondidas de Cypress 2 Springs Estates, as set forth in Volume 7, Pages 363 and 364, 3 and located in Precinct 4. 4 MS. HOFFER: Good morning. 5 JUDGE TINLEY: Good morning. 6 MS. HOFFER: I'm filling in for Leonard today. So, 7 on this revision, Susan and Max Reinbach own Lots 119, 120, 8 and 121 in Vistas Escondidas de Cypress Springs Estates. The 9 Reinbachs would like to combine all three lots into Lot 119R, 10 consisting of 12.28 acres. So, at this time, we ask the 11 Court for their final approval for revision of plat of Lots 12 119, 120, and 121 of Vistas Escondidas de Cypress Springs 13 Estates, Volume 7, Page 363-364 in Precinct 4. 14 COMMISSIONER OEHLER: Move approval. 15 COMMISSIONER BALDWIN: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the agenda item. Question or discussion? 18 COMMISSIONER LETZ: A comment. And this may be a 19 clerical issue. You mentioned it was going to be 119R. On 20 the plat, it shows it was 120R. So, whichever number it 21 needs to be, we just need to make sure that we're -- that 22 it's correct. 23 MS. HOFFER: I can tell you what's on there. 24 JUDGE TINLEY: The agenda item appears to be okay. 25 MS. HOFFER: You're correct, Commissioner. It's 10-24-11 20 1 120R. 2 COMMISSIONER LETZ: Okay. 3 MS. HOFFER: I have a question too. Leonard was 4 unable to sign the final on this, so how do you want me to do 5 this? Give to it Cheryl, and when Leonard returns, go to the 6 Clerk's office to sign that, the final? We've got all the 7 other signatures, minus the Judge's and Leonard's. 8 JUDGE TINLEY: Well, are you acting on his behalf 9 at this point? 10 MS. HOFFER: I don't know if I can legally. If I 11 can, I will certainly sign it, but it's up to the Court. 12 JUDGE TINLEY: Would there be any difficulty in 13 getting Leonard to sign it? 14 MS. HOFFER: He'll return a week from Wednesday, 15 so, I mean, if there's no problem filing it -- officially 16 filing it till Wednesday -- you know, a week from Wednesday, 17 Len can sign it when he returns. 18 JUDGE TINLEY: How difficult would it to be get it 19 to him so he could sign? 20 MS. HOFFER: Probably not too difficult. Go ahead 21 and do that? 22 JUDGE TINLEY: Yeah. 23 MS. HOFFER: Okay. 24 JUDGE TINLEY: If it wouldn't be any logistical -- 25 MS. HOFFER: No. 10-24-11 21 1 JUDGE TINLEY: -- impossibility. 2 MS. HOFFER: No. 3 JUDGE TINLEY: Okay. 4 MS. HOFFER: I just didn't want to bother him in 5 the last couple days. So, I think I can bother him now. 6 JUDGE TINLEY: Okay. All right. 7 COMMISSIONER OEHLER: You should. 8 COMMISSIONER OVERBY: Tell him hello. 9 JUDGE TINLEY: Any further question or discussion? 10 All in favor, signify by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. Item 4; 15 consider, discuss, and take appropriate action to approve and 16 authorize Environmental Health Director to fill position for 17 environmental enforcement and compliance officer at current 18 step and grade; Grade 20, Step 1 in current 2011-12 budget. 19 Mr. Garcia? 20 MR. GARCIA: Yes. We had a two-week notice given 21 last week. The gentleman will be leaving us, going to Utah, 22 so I have a position already in the budget. Requesting 23 approval to fill it. 24 COMMISSIONER OEHLER: Well, I don't have any 25 problem with it. You know, we are still under a hiring 10-24-11 22 1 freeze. I think that's why -- 2 JUDGE TINLEY: Well, that's why he's here. 3 COMMISSIONER OEHLER: I asked him to put on it the 4 agenda. I know that their office has been continuously busy, 5 and I don't know that he can operate in the same manner 6 without having this person. 7 JUDGE TINLEY: You need that position filled in 8 order to render the same level of service that you've been 9 rendering? 10 MR. GARCIA: I sure do. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER OVERBY: At the budget amount that's 13 already budgeted? 14 COMMISSIONER OEHLER: I move approval. 15 COMMISSIONER OVERBY: I'll second that. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Question or discussion? All in favor, signify by 18 raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion does carry. We'll go to 23 Item 5; to consider, discuss, and take appropriate action for 24 approval of the preliminary revision of plat for Lots 1-A and 25 1-B in Block 7, Village West Industrial Park, Phase Two, 10-24-11 23 1 Section 2, as set forth in Volume 5, Page 245, and set a 2 public hearing thereon. The request, it appears -- well -- 3 COMMISSIONER OEHLER: These -- I have -- this came 4 in kind of late, but it's kind of critical, I think, for 5 the time -- time and timing for this to be approved so they 6 can move forward. 7 JUDGE TINLEY: What was the date and time requested 8 for the public hearing? 9 THE CLERK: There was no time. 10 JUDGE TINLEY: 11/28? 11 THE CLERK: November 28th, but there was no time. 12 COMMISSIONER OEHLER: We'd like to have that, I 13 believe, as early as possible; maybe 9:00 or 9:15. 9:05 or 14 9:10, maybe. Is that a problem? 15 JUDGE TINLEY: 9:10? 16 COMMISSIONER OEHLER: That's -- what's the date? 17 JUDGE TINLEY: November 28th, 2011, at 9:10 a.m., 18 public hearing. 19 COMMISSIONER OEHLER: I move approval. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion made and seconded to set the 22 matter for public hearing on November 28th, 2011, at 9:10 23 a.m. Question or discussion on that motion? All in favor, 24 signify by raising your right hand. 25 (The motion carried by unanimous vote.) 10-24-11 24 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Let's go to 4 Item 6; consider, discuss, and take appropriate action on 5 fiscal year 2011 Chapter 59 Asset Forfeiture Reports for the 6 198th District Attorney, 216th District Attorney, Constable 7 Precinct 1, Constable Precinct 2, and Constable Precinct 3, 8 and the Kerr County Sheriff, as required by Article 59.06, 9 Code of Criminal Procedure. Ms. Hargis' name is on this. 10 It's on there just because you requested the matter? 11 MS. HARGIS: Is that Chapter 59? 12 SHERIFF HIERHOLZER: Yes. 13 MS. HARGIS: Yes, we need those approved, or the 14 permission for you to sign off on them, all of them. They 15 have to be turned in by the 1st of November, all the Chapter 16 59. And we have audited all of them for you, and we present 17 them to be approved by the Court. That's a new requirement. 18 COMMISSIONER BALDWIN: I move for approval. 19 COMMISSIONER OVERBY: I'll second that. 20 JUDGE TINLEY: Motion made and seconded for 21 approval of the indicated Asset Forfeiture Reports under 22 Chapter 59. Further question or discussion? 23 COMMISSIONER BALDWIN: Are these the -- are these 24 the ones that you felt like you were behind on last week? 25 MS. HARGIS: No, we've been working on those for 10-24-11 25 1 the last couple weeks, but they have to be -- we just got 2 them all turned in and audited, all of them. 3 COMMISSIONER BALDWIN: Okay. 4 MS. HARGIS: That includes both D.A.'s and the 5 Sheriff and all the -- and the constables, and it does have 6 to be presented. We have to wait till year end for them to 7 get their computations, is part of the problem, but they do 8 have to be in by the 1st. So -- 9 JUDGE TINLEY: So they've got to accumulate the 10 figures through September 30th, or are they on a state 11 accumulation? Or -- 12 MS. HARGIS: No. 13 JUDGE TINLEY: Are some of -- 14 MS. HARGIS: They're on the August 31st deadline, 15 but they have to accrue all their expenses in September that 16 would be outstanding, and so -- but, you know, especially the 17 D.A.'s offices, there's a lot involved in those, 'cause 18 they're -- it's a lot of pending cases. The constables' and 19 the Sheriff's are not quite as complicated, but the two 20 D.A.'s offices are because of all -- you have to put all the 21 pending litigation, the litigation that's -- that could be 22 pending. It's a pretty detailed report. And we have to 23 check all those for y'all to make sure that they have the 24 right amount of cash in the bank; we have to check their bank 25 reconciliations. We had to wait for those to come in as 10-24-11 26 1 well. So, we have those -- that's one of the many things we 2 have to do by the 8/31 deadline. 3 JUDGE TINLEY: Okay. I understand that the ones 4 that are state-affiliated, such as the District Attorneys, 5 are -- are on the state fiscal year, which ends August 31. 6 Are the constables and the Sheriff -- 7 MS. HARGIS: Yes. 8 JUDGE TINLEY: -- through 9/30? 9 MS. HARGIS: No, 8/31. All of them are 8/31. 10 JUDGE TINLEY: It's all by the state, okay. 11 Further question or discussion on the motion? All in favor, 12 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: The motion does carry. Let's go to 17 Item 7; to consider, discuss, take appropriate action on 18 request from the Hill Country District Junior Livestock 19 Association to use Flat Rock Park from Thursday, January 19, 20 2012, at 12:01 a.m., to Saturday, January 21st, 2012, at 21 8 a.m. to park trailers and use as a staging area for 22 delivery of animals. Commissioner Oehler? 23 COMMISSIONER OEHLER: Is that okay with the Stock 24 Show Association? Are those times correct? 25 MR. BAUER: Yes. 10-24-11 27 1 COMMISSIONER OEHLER: This is a carry-over from the 2 last meeting, that we didn't have it properly on the agenda. 3 JUDGE TINLEY: We've got the street closed during 4 that time now, don't we? 5 MR. BAUER: Yes, sir. 6 JUDGE TINLEY: That's what we got last time. 7 MR. BAUER: We closed the street; now we want to 8 close the park. 9 JUDGE TINLEY: Okay. All right. 10 COMMISSIONER BALDWIN: Are we closing the park to 11 the general public? 12 COMMISSIONER OEHLER: No, it's going to be used by 13 them -- what's the date and the time? 14 MR. BAUER: Last year, if y'all recall, 15 Commissioner Williams allowed pedestrian traffic to come in 16 to walk their animals and do whatever you wanted, but as far 17 as vehicle traffic, that's where we're going to be staging 18 and parking. That was closed. 19 COMMISSIONER OEHLER: Yeah. 20 COMMISSIONER BALDWIN: Probably smart. 21 MR. BAUER: But if they needed to walk down 22 there -- if y'all recall, last year I brought some aerial 23 photographs that was taken during the show a couple years 24 ago. There's very little traffic -- 25 COMMISSIONER OEHLER: Right. 10-24-11 28 1 MR. BAUER: -- down there during the peak hours, 2 anyway. 3 COMMISSIONER OEHLER: Well, the good thing is, they 4 have security that goes around the clock down at that park to 5 make sure that all the vehicles and trailers and stuff are 6 not being vandalized or stolen or whatever. So, they -- you 7 know, the security can allow people to come in and out, but 8 just not vehicles. 9 JUDGE TINLEY: As a practical matter, with the 10 closing of Riverside during that period and all the activity 11 and the backup of trucks and trailers and so forth, that's 12 going to be a little tough for someone to even get their car 13 into the mix down there, isn't it? 14 MR. BAUER: That's true. And we're just trying to 15 keep the trailer traffic from backing up onto Loop 534 or 16 onto Highway 27, either one, because of the -- the number of 17 exhibitors that we anticipate this year. 18 JUDGE TINLEY: You anticipate they're going to be 19 up again? 20 MR. BAUER: We hope so, by all indications, what 21 we're hearing. We'll know in about a month. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER OEHLER: I move approval of the agenda 24 item. 25 COMMISSIONER LETZ: Second. 10-24-11 29 1 JUDGE TINLEY: Is that to include -- 2 COMMISSIONER BALDWIN: The traffic. 3 JUDGE TINLEY: -- pedestrian traffic only? 4 COMMISSIONER OEHLER: Yes. 5 JUDGE TINLEY: For the general public? 6 COMMISSIONER OEHLER: Pedestrian traffic only. No 7 vehicular traffic during that time for the general public. 8 JUDGE TINLEY: Okay. Motion made and seconded as 9 indicated. Further question or discussion? All in favor, 10 signify by raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. Thank you, 15 gentlemen. Let's go to Item 8; to consider, discuss, and 16 take appropriate action on request from appointed and elected 17 officials to appoint clerks and assistants for their offices 18 pursuant to Local Government Code, Chapter 151. We had a 19 number of them previously. The one I have before me at this 20 point is Precinct 4, J.P. Ragsdale. Did we have any more 21 submitted, Ms. Hargis? 22 MS. HARGIS: Not to my knowledge. 23 JUDGE TINLEY: That you know of? H.R., any more 24 that you're aware of? Okay. Looks like the only one we got 25 is Judge Ragsdale, then. 10-24-11 30 1 COMMISSIONER LETZ: Move approval. 2 COMMISSIONER OEHLER: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval. Question or discussion? All in favor, signify by 5 raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. Let's go to 10 Item 10 for an update on the status of the -- of Kerr County 11 and the SEP-HCP, which is the Southern Edwards Plateau 12 Habitat Conservation Plan. Commissioner Letz? 13 COMMISSIONER LETZ: Just a quick update. I'm not 14 sure if the Judge received -- heard word back from Judge 15 Wolff or not, but I did receive an e-mail from the consultant 16 that's writing the plan for Bexar County, and I'll just read 17 the last part of it. Participation in the plan will be 18 limited to Bexar County only, with some exceptions as 19 described below. This does not affect where the preserves 20 may be located. And the exception is City of San Antonio, as 21 co-permittee, is considering joining Bexar County, as 22 co-permittee, to allow properties within their ETJ to extend 23 beyond the boundary of Bexar County. So, that's what they're 24 doing. The next draft, they're working on. They're 25 evidently waiting to hear some clarification from Fish and 10-24-11 31 1 Wildlife Service and some more information. They've now 2 received that, and they're moving forward with the next 3 draft, which they say will be out in November. But Kerr 4 County is -- 5 COMMISSIONER BALDWIN: Sounds like everybody's out, 6 huh? 7 COMMISSIONER LETZ: Everybody. 8 COMMISSIONER BALDWIN: But Bexar. 9 COMMISSIONER LETZ: Everyone's out but Bexar. But 10 San Antonio may include, I guess, a little bit of Bandera, 11 Kendall, and Blanco. Maybe -- Wilson isn't in the area, but 12 those -- maybe a little bit of Medina. But it'd just be 13 within the ETJ of City of San Antonio, possibly. That hasn't 14 been decided, but -- 15 COMMISSIONER OEHLER: Interesting. The ETJ can 16 extend into another county? How about that? 17 COMMISSIONER LETZ: What do you think about 18 Comfort? (Laughter.) 19 COMMISSIONER BALDWIN: Comfort's in and out of Kerr 20 County. 21 JUDGE TINLEY: Why didn't we think of that? 22 COMMISSIONER BALDWIN: Yeah. 23 COMMISSIONER LETZ: But I just wanted to let 24 everyone know that so that the -- you know, it's not 25 official. Just -- but I'm pretty sure this is the course or 10-24-11 32 1 the direction they're going. 2 JUDGE TINLEY: Has there been any mention about -- 3 in the -- in the communication you got about dealing through 4 the Edwards Aquifer Authority? 5 COMMISSIONER LETZ: No. No. In fact, you know, my 6 recollection is there was a representative from the Edwards 7 Aquifer Authority on the citizens' advisory committee, and 8 they were very much opposed to using any funding from E.A.A., 9 or I guess it's called Prop 2, to in any way fund this plan. 10 But, you know, I didn't -- 11 COMMISSIONER OEHLER: Contrary to what the San 12 Antonio news has been saying. 13 COMMISSIONER LETZ: But, anyway -- and that's -- 14 you know, I didn't -- to be honest, I didn't pay a whole lot 15 of attention about what the E.A.A. was trying to do in this, 16 because it didn't really have any impact on us in Kerr 17 County. And -- but they were very -- the representative was 18 very adamant about Prop 2 funds not being included, and not 19 doing anything that was going to hurt the E.A.A.'s ability to 20 get property for water purposes. So, anyway, that's just an 21 update. I presume we'll be hearing more down the road, but I 22 want -- I know it's been of interest to a lot of people. 23 COMMISSIONER BALDWIN: I'm hoping that we'll 24 eventually get a letter that says, "Kerr County, you are 25 out." 10-24-11 33 1 JUDGE TINLEY: I have requested that. 2 COMMISSIONER BALDWIN: I know. And, I mean, that's 3 what we're wanting, and I'm assuming that we'll get something 4 like that. And I like what I'm hearing from you there. 5 COMMISSIONER LETZ: Yeah, this is not official, 6 certainly; this is just a consultant. I think the -- you 7 know, we'll certainly -- out of courtesy, they should 8 respond. 9 COMMISSIONER OVERBY: That's right. 10 COMMISSIONER LETZ: But the -- I think it will be 11 out when the draft comes out next month. 12 COMMISSIONER BALDWIN: Yeah. 13 COMMISSIONER LETZ: That will say what they're 14 doing. That will be the official document. 15 COMMISSIONER BALDWIN: Did we -- did we address 16 Judge Wolff, or did we address Parks and Wildlife -- I mean 17 national parks -- 18 COMMISSIONER LETZ: We've done both, but the 19 most -- 20 COMMISSIONER BALDWIN: Fish and Game Commission. 21 COMMISSIONER LETZ: Most recently, it was Judge 22 Wolff, because we felt that, as a courtesy, he should -- at a 23 minimum, should respond. So, anyway that's just an update. 24 COMMISSIONER BALDWIN: Okay, thank you. 25 COMMISSIONER LETZ: No action. 10-24-11 34 1 JUDGE TINLEY: Okay. Let's go to Item 11; to 2 consider, discuss, take appropriate action to nominate one or 3 more candidates for election as board members for the Kerr 4 Central Appraisal District. I put this on the agenda 5 pursuant to communication from the Appraisal District. They 6 have their procedure coming up, and we need to let them know 7 what it is we are doing with respect to our votes, which 8 are -- 9 COMMISSIONER OEHLER: 1,260. 10 JUDGE TINLEY: Yeah. 11 COMMISSIONER OVERBY: 25 percent. 12 JUDGE TINLEY: 1,001 will get us -- will lock us in 13 to have one -- 14 COMMISSIONER LETZ: Representative. 15 JUDGE TINLEY: -- representative. Our current 16 representative, if I recall correctly, is Charles Lewis. 17 COMMISSIONER LETZ: Charles Lewis. And I tried to 18 get ahold of him; I didn't get ahold of him. I did talk to 19 him over the summer, and he was -- you know, we talked about 20 it, and he was -- had no interest in getting -- or was fine 21 to keep on going, so I have no problem with it. I'd 22 recommend Charles for our 100 -- or I make a motion that we 23 allocate 1,001 of our votes to Charles Lewis. 24 COMMISSIONER OEHLER: Second. 25 COMMISSIONER LETZ: And -- 10-24-11 35 1 JUDGE TINLEY: That was a second? 2 COMMISSIONER OEHLER: Mm-hmm. 3 JUDGE TINLEY: We have a motion and a second to 4 allocate 1,001 of our votes for the Appraisal District for 5 Charles Lewis as a director of the Appraisal District. 6 Question or discussion on the motion? 7 COMMISSIONER OVERBY: Two-year appointment; is that 8 correct? 9 COMMISSIONER LETZ: I think so. 10 COMMISSIONER OVERBY: Is that what it said in here? 11 Two-year? 12 JUDGE TINLEY: Mm-hmm, that's correct. 13 COMMISSIONER OVERBY: Very good. 14 JUDGE TINLEY: Further question or discussion? All 15 in favor, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. 20 COMMISSIONER LETZ: Do we want to do anything else 21 with our 259 votes? 22 COMMISSIONER BALDWIN: We need to put them 23 somewhere. 24 COMMISSIONER OEHLER: Yeah. I would -- I don't -- 25 you know, in the past, I think that other entities request to 10-24-11 36 1 use those votes. I guess we allocate them. Do we have 2 anybody with that request? 3 COMMISSIONER BALDWIN: I don't. 4 COMMISSIONER OEHLER: If we give them to -- give 5 them to -- let's see, we have 259 left. 6 JUDGE TINLEY: Mm-hmm. 7 COMMISSIONER OEHLER: In order for Ingram 8 Independent School District and Divide and Harper, Hunt and 9 Center Point, would that just about be enough for another 10 member? Be close, I think. 11 JUDGE TINLEY: What are you combining? 12 COMMISSIONER OEHLER: Include Medina, Ingram, Hunt, 13 Harper school districts, along with Divide Independent School 14 District. 15 COMMISSIONER LETZ: Why don't we just allocate it 16 to all of the school districts other than K.I.S.D.? 17 COMMISSIONER OVERBY: That would be good. 18 COMMISSIONER OEHLER: And also the City of Ingram, 19 'cause they only have 21. Judge, is that -- are you toting 20 that up? 21 JUDGE TINLEY: I'm trying to, yeah. 22 COMMISSIONER OEHLER: Okay. I believe that will 23 get it done. 24 JUDGE TINLEY: If you -- well -- 25 COMMISSIONER OEHLER: If you give it to everybody 10-24-11 37 1 outside the City of Kerrville or K.I.S.D., I believe that 2 will get it done. 3 JUDGE TINLEY: That'll be 816 votes, if you take 4 Center Point, Comfort -- the portion that's in Kerr County. 5 COMMISSIONER OEHLER: The portion in Kerr County. 6 JUDGE TINLEY: Yeah. Divide, Harper, Hunt, and 7 Ingram. That comes up to 993; that will almost get them one. 8 COMMISSIONER OVERBY: That's fine. 9 COMMISSIONER OEHLER: Did you get City of Ingram 10 there? They got 21. 11 JUDGE TINLEY: Well, City of Ingram, if they throw 12 in with them, will be over 1,000. 13 COMMISSIONER OEHLER: That's what I'm saying. So, 14 if we authorize allocating all of our votes to everyone 15 except City of Kerrville and K.I.S.D., that would get another 16 board member for those entities to agree on. 17 COMMISSIONER LETZ: Yeah. And that would be pretty 18 much the board's makeup, the way it is right now. Is that a 19 motion? 20 COMMISSIONER OEHLER: That's a motion. 21 COMMISSIONER LETZ: Second. 22 JUDGE TINLEY: Motion made and seconded to allocate 23 the other 259 votes to be utilized by all the other entities 24 having votes, with the exception of the City of Kerrville and 25 Kerrville Independent School District. 10-24-11 38 1 COMMISSIONER OEHLER: That is correct. 2 JUDGE TINLEY: Okay. Further question or 3 discussion on that motion? 4 COMMISSIONER LETZ: Just clarification, just for 5 the public, 'cause they aren't looking at the numbers. This 6 basically allows City of Kerrville to have a representative. 7 K.I.S.D. will have one or -- one representative, or a 8 representative -- probably two representatives. Kerr County 9 will have one, and then everybody else will have one. 10 COMMISSIONER OEHLER: Actually, what happens is the 11 City of Kerrville and K.I.S.D. can have -- they have -- 12 JUDGE TINLEY: Three between them. 13 COMMISSIONER OEHLER: -- three. 14 COMMISSIONER LETZ: Right. 15 COMMISSIONER OEHLER: They combine their votes. 16 COMMISSIONER OVERBY: Right. 17 COMMISSIONER LETZ: And which is the way it's 18 pretty much divided up in the past; keep the status-quo. 19 JUDGE TINLEY: Yeah. Any other question or 20 discussion? All in favor, signify by raising your right 21 hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion carries. Okay, let's go 10-24-11 39 1 to Item 12; to consider, discuss, take appropriate action on 2 responses to the Request for Qualifications submitted by 3 qualified consultants/architects for the design plan and 4 construction of additions to the Kerr County Adult Detention 5 Center. 6 COMMISSIONER OEHLER: There's a lot of interest in 7 this particular item. 8 COMMISSIONER LETZ: Start with this box. 9 COMMISSIONER OEHLER: Hope you're not planning to 10 kill a hog with that. 11 JUDGE TINLEY: Okay, the first one we have is from 12 Rees Architecture, Planning, and Interiors. 13 COMMISSIONER BALDWIN: Where are they from, Judge? 14 COMMISSIONER OVERBY: San Antonio -- not San 15 Antonio. Dallas? 16 COMMISSIONER LETZ: They have offices elsewhere, 17 but I know that -- 18 JUDGE TINLEY: This shows Oklahoma City, but they 19 do have offices in Llano, Baltimore, Dallas, Houston, and 20 Indianapolis. 21 COMMISSIONER BALDWIN: Speaking of Oklahoma, I 22 understand Tech beat Oklahoma. 23 COMMISSIONER OEHLER: Sure did. I stayed up till 24 12:30 and watched it. 25 COMMISSIONER BALDWIN: I'll bet. 10-24-11 40 1 COMMISSIONER OEHLER: I wasn't too sure about... 2 JUDGE TINLEY: The next one we have is from C.R.A. 3 Architects, and the indicated address on those individuals is 4 Tallahassee, Florida. The next one we have is from Ausland, 5 A-u-s-l-a-n-d, Architects out of Austin. 6 COMMISSIONER BALDWIN: Getting closer. 7 COMMISSIONER LETZ: Jails must be popular. 8 JUDGE TINLEY: Hmm? 9 COMMISSIONER LETZ: I said jails must be popular. 10 Either that, or lots of people need work. 11 JUDGE TINLEY: Next one is from Burns Architecture, 12 L.L.C., indicated out of Fort Worth, Texas. 13 COMMISSIONER OEHLER: Trying to -- they didn't give 14 you very good instruction about opening boxes. 15 COMMISSIONER LETZ: Well, the labels that Fed Ex 16 does, those little tabs don't work. 17 COMMISSIONER OEHLER: It worked on the other two. 18 COMMISSIONER LETZ: Didn't work on this one. 19 COMMISSIONER OEHLER: This is more fun than I might 20 have expected. 21 COMMISSIONER LETZ: Watching me opening all these 22 things, fighting with all these things? 23 COMMISSIONER OEHLER: Yeah. 24 COMMISSIONER LETZ: You open up one, you got 25 another box inside. My kids could do it a whole lot quicker. 10-24-11 41 1 There you go, Judge. 2 JUDGE TINLEY: The next one is from 3 Johnson-McKibben Architects, Inc., Dallas, Texas. Next one 4 is from DRG Architects, PLLC, from San Antonio, Texas. 5 COMMISSIONER OEHLER: Who are you going to get to 6 review these? 7 JUDGE TINLEY: Far as I know, the Sheriff's in 8 charge of the jail, isn't he? 9 COMMISSIONER OEHLER: Well, he -- he gets to be in 10 charge of it, anyway. 11 COMMISSIONER LETZ: That's the last one. 12 JUDGE TINLEY: This is it? 13 COMMISSIONER LETZ: That's it. 14 JUDGE TINLEY: The last one is from Patterson 15 Architects from Bryan, Texas, the Brazos bottom. 16 COMMISSIONER LETZ: Oh, we got one more we got to 17 do. 18 JUDGE TINLEY: Oh, you got some more? 19 COMMISSIONER OEHLER: Got a fly rod in there? 20 JUDGE TINLEY: I have one now from Treanor, 21 T-r-e-a-n-o-r, Architects. Not sure where they're out of, 22 but -- 23 COMMISSIONER OEHLER: You're just like a bull in a 24 china closet. 25 JUDGE TINLEY: Any more down below? 10-24-11 42 1 COMMISSIONER LETZ: No, that's it. 2 JUDGE TINLEY: Okay. That's all we got. 3 COMMISSIONER LETZ: I move we accept all the bids 4 and refer them to the Sheriff. 5 SHERIFF HIERHOLZER: Only thing I would like to ask 6 is -- Rob doesn't know this -- is that it be a deal where Rob 7 and I -- the County Attorney and I can both sit down and go 8 through them, and probably report back to the Court what the 9 recommendation is at your next regular meeting. 10 JUDGE TINLEY: You're able to seek out whatever 11 resources you can cajole into -- 12 SHERIFF HIERHOLZER: Thanks. 13 JUDGE TINLEY: -- working with you. 14 SHERIFF HIERHOLZER: Thanks, Judge. But would the 15 next meeting be the appropriate time? I'd like to really go 16 through the qualifications. We need -- 17 COMMISSIONER LETZ: If you can even get it done by 18 then. That's an awful lot to go through. Whenever you get 19 it. 20 JUDGE TINLEY: Yeah. We have a motion and a 21 second? 22 THE CLERK: Just a motion. 23 JUDGE TINLEY: Just a motion. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE TINLEY: We have a second now. Any question 10-24-11 43 1 or discussion on the motion? All in favor, signify by 2 raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: The motion carries. Sheriff, deal 7 with Cheryl up here. Don't pack off everything, or you're 8 going to end up in worse shape than what you're already in. 9 SHERIFF HIERHOLZER: The letterhead originally 10 requested 10 copies from each, so I will make sure Cheryl 11 gets to keep the original, and we'll keep the copies of each 12 one. 13 COMMISSIONER OEHLER: I believe there's ample 14 copies in there. Cut down several trees to make all that up. 15 JUDGE TINLEY: Let's go to Item 13; to consider, 16 discuss, take appropriate action to approve the 17 intergovernmental agreement between Bandera County and Kerr 18 County regarding housing of Kerr County prisoners in the 19 Bandera County Jail. 20 SHERIFF HIERHOLZER: I think most of you have seen 21 a copy of that agreement. It's pretty well in Bandera 22 County's hands. I hope we don't have to use it, but we were 23 at 170 this morning, with 27 females, and I only had two -- 24 two male minimum -- medium-maximum beds last week left. We 25 had to transfer the females back over into the other cells. 10-24-11 44 1 We're having to make daily reports. We're at -- it's very 2 likely we may have to start housing out of county 3 temporarily. The only thing with housing out of county, on 4 that contract, you can see it's $45 a day per inmate that we 5 house out, plus any other expenses that could go along with 6 that inmate, whether it be medical -- we'd be outside of our 7 medical contract. It would be transporting them to a doctor 8 or hospital either in San Antonio or here. We'd have to pay 9 all those expenses and everything else that goes along with 10 it. 11 COMMISSIONER OEHLER: Just don't ship any out of 12 here that aren't healthy. 13 SHERIFF HIERHOLZER: That's normally your -- your 14 plan, is try not to. But, you know, it could get -- if we 15 have to go this route, it could get extremely expensive on 16 Kerr County. 17 JUDGE TINLEY: Has the County Attorney reviewed the 18 proposed interlocal agreement? 19 MR. HENNEKE: I have, and I also met with Judge 20 Evans and the Bandera County Attorney, Mr. Payne, last week 21 to discuss the agreement, and it's the same standard 22 agreement that Bandera has in place with all the other 23 surrounding hill country counties, and I approve of it. 24 JUDGE TINLEY: Basically the norm? Okay. 25 MR. HENNEKE: Yes, sir. 10-24-11 45 1 JUDGE TINLEY: Thank you. 2 COMMISSIONER LETZ: Move approval. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval of the agreement. Question or discussion? I assume 6 -- is that for me to sign, or for you? 7 SHERIFF HIERHOLZER: Yes, sir. 8 JUDGE TINLEY: For me to sign? 9 SHERIFF HIERHOLZER: Yes, for you to sign. 10 COMMISSIONER LETZ: And authorize you to sign the 11 contract, Judge. 12 JUDGE TINLEY: Further question or discussion on 13 that? All in favor, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. Item 14 is to 18 consider, discuss, take appropriate action to approve 19 employee health benefits contract with the Texas Association 20 of Counties. I put this on the agenda at after receiving the 21 contract from TAC for participation in their pool. I sent it 22 down to the County Attorney for him to review. There are a 23 couple of inserts we've got to make, and you know what they 24 are, I'm sure. So -- but we'll get those inserted. And, 25 County Attorney, any comments you want to make on it? 10-24-11 46 1 MR. HENNEKE: No, sir. I reviewed them and approve 2 of them. 3 COMMISSIONER LETZ: They're ready to go? 4 JUDGE TINLEY: Yeah, mm-hmm. 5 COMMISSIONER LETZ: I make a motion to approve the 6 contract with TAC for health benefits. 7 COMMISSIONER OVERBY: I'll second that. 8 COMMISSIONER LETZ: And authorize the County Judge 9 to sign same, and other related documents. 10 JUDGE TINLEY: Okay. Question or discussion? All 11 in favor, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. Item 15; to 16 consider, discuss, take appropriate action to reappoint Coral 17 Adema and Patrice Doerries as the Kerr County representatives 18 to the Senior Advisory Committee for AACOG. I put this on 19 the agenda. Those ladies' terms have expired. They have 20 both indicated a willingness to serve. They've been here in 21 court several times, as I'm sure the Court will recall, and 22 have been very responsive, very diligent about their 23 appointments and serving that committee. And they've -- 24 they've said they'd both like to be reappointed. 25 COMMISSIONER OVERBY: They do a good job. 10-24-11 47 1 COMMISSIONER BALDWIN: That's a rare deal with this 2 particular board. 3 JUDGE TINLEY: Mm-hmm. 4 COMMISSIONER OVERBY: I'll make a motion to approve 5 Ms. Adema and Ms. Doerries as the Kerr County representatives 6 to the Senior Advisory Committee for AACOG. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: Motion made and seconded. Question 9 or discussion? All in favor, signify by raising your right 10 hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. Item 16 is 15 to consider, discuss, and take appropriate action regarding a 16 nonexclusive engagement agreement for legal and professional 17 services to be provided to Kerr County by the law firm of 18 Bickerstaff Heath Delgado Acosta, LLP, of Austin, Texas. 19 MR. HENNEKE: Thank you, gentlemen. From recent 20 conversations, I know that the Court is familiar with the 21 Bickerstaff Heath law firm in Austin. We have a contract 22 with them for the redistricting, voting rights project, and I 23 know there's also experience with the use of Chuck Kimbrough, 24 an attorney with their firm. And in consulting with them 25 recently, as directed by the Court, it was suggested, and I 10-24-11 48 1 think it's a good idea, that we enter into a nonexclusive 2 agreement with the firm, where from time to time as may be 3 needed, we can seek advice or -- or additional expertise 4 without having to do a specific engagement letter for each 5 specific issue. Bickerstaff Heath offers us the lowest level 6 of their attorney fees because we're a governmental entity, 7 and this would not restrict us from using any other firm. 8 This is a nonexclusive agreement, and nor would it cost Kerr 9 County anything to keep this in place, other than from time 10 to time, if additional expertise or direction is sought, then 11 we would already have an agreement in place and would be able 12 to seek their services without executing a separate 13 engagement letter. There's a resolution and the engagement 14 letter that I provided to the Court. The resolution sets 15 forth the legal authority through professional services to -- 16 to enter into this, and I've reviewed both and approve of 17 each if the Court so chooses. 18 JUDGE TINLEY: Only cost involved would be if we 19 specifically sought their services as authorized or requested 20 by the Court for a given matter? 21 MR. HENNEKE: Yes, sir. 22 COMMISSIONER LETZ: Does -- Judge, you said 23 requested by the Court. I mean, if you wanted to 24 contact them, does that preclude you or does that enable you 25 to contact them on an issue? 10-24-11 49 1 MR. HENNEKE: This would, I mean, enable me, as the 2 County Attorney for Kerr County, to contact and work with 3 them on y'all's behalf, on the County's behalf. 4 COMMISSIONER BALDWIN: Would they provide other 5 services besides legal services, such as opinions? 6 MR. HENNEKE: Well, that's in connection with their 7 legal services, is -- is legal advice and opinions on, you 8 know, a wide range of issues that pertain to county 9 government. 10 COMMISSIONER BALDWIN: What if you disagree with 11 their opinion? 12 MR. HENNEKE: Well, then -- 13 COMMISSIONER BALDWIN: We take your opinion and go 14 on, huh? (Laughter.) 15 JUDGE TINLEY: The law says we're entitled to do 16 that. 17 MR. HENNEKE: We'll present all to the Court, and 18 we can work out the best course of action then. 19 COMMISSIONER LETZ: I think Bickerstaff is a really 20 good law firm, in my opinion, from a -- you know, this type 21 of law, and Chuck Kimbrough knows a tremendous amount; just 22 like a Jim Allison, basically, when it comes to county law, 23 what we can and can't do. Only request that I would say is 24 that to use their services judiciously from a financial 25 standpoint. 10-24-11 50 1 MR. HENNEKE: Of course. 2 COMMISSIONER LETZ: 'Cause we certainly have a 3 limited budget, funds for these types of purposes. And I 4 move for approval. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: We have a motion and second for 7 approval. Question or discussion? 8 COMMISSIONER BALDWIN: They've been a good friend 9 to Kerr County for a long time. 10 COMMISSIONER LETZ: They've done a lot of pro bono 11 things for us and come down to help us at times. 12 COMMISSIONER OVERBY: That's good. 13 JUDGE TINLEY: For regular day-by-day sorts of 14 things, we have an individual on retainer at a very moderate 15 amount each month out of the County Attorney's budget also. 16 That individual is very, very knowledgeable about county 17 government matters, so probably only as we get into more 18 detailed or extensive matters, that's when we get Bickerstaff 19 involved. 20 COMMISSIONER OEHLER: Just want to make sure that 21 it comes out of the County Attorney's budget. That makes it 22 a little more -- 23 COMMISSIONER OVERBY: Yeah. 24 JUDGE TINLEY: The reason I mentioned the Court 25 approving it, Commissioner, is, you know, he -- he's got this 10-24-11 51 1 -- this one retainer coming out of his budget. 2 COMMISSIONER OEHLER: Mm-hmm. 3 JUDGE TINLEY: And, certainly, whatever his budget 4 can stand in that particular line item, why, he's free to do 5 what he wishes. But if he wants it to come out of somewhere 6 else, why, I think he knows the thing to do is to come here, 7 so -- other than get hammered into his budget. 8 MR. HENNEKE: Yes, sir. 9 COMMISSIONER OEHLER: I just like the idea of it 10 coming out of his budget. 11 MR. HENNEKE: Well, I'm sure you do, Commissioner. 12 COMMISSIONER OEHLER: Just like the Sheriff's 13 budget; we always find extra money there when we need it. 14 SHERIFF HIERHOLZER: Yeah, mm-hmm. 15 JUDGE TINLEY: All right. Any other comments or 16 questions? All in favor, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. 21 MR. HENNEKE: Judge, I'll withdraw the next agenda 22 item. That's not ripe for today. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER BALDWIN: Is that 17? 25 JUDGE TINLEY: Mm-hmm. Let's go back to item -- 10-24-11 52 1 Item 9, a 10 o'clock timed item, to consider, discuss, take 2 appropriate action on a resolution for the Dietert Center so 3 they may apply for a Texas Department of Agriculture grant 4 for Meals on Wheels. Ms. Woods? 5 MS. WOODS: Good morning. 6 JUDGE TINLEY: Gosh, if we'd have known we were 7 going to sail through things that quickly, we'd have got to 8 you quicker, but since it's timed, I had to go on. 9 MS. WOODS: Perfectly okay. No, if I'd been here 10 earlier, we probably could have taken it earlier. First of 11 all, I want to thank y'all so much for the support that you 12 have given to this program for the past several years. And 13 certainly this year, we all know the economy is difficult, 14 and everybody's watching their dollars very carefully. This 15 is the fourth year of the Texans Feeding Texans grant that's 16 through the Department of Agriculture. And as you know, as 17 I've come to visit with you in the past, part of the 18 eligibility for this grant is that the County provides a 19 grant for providers for their home-delivered meal program. 20 Y'all have graciously done that again, and thank you very 21 much for that. And we need a resolution to go with the grant 22 proposal that states that you have given us at least 25 cents 23 for every person in the county age 60 or over, which is about 24 $4,000 this year. It was amazing to compare the statistics 25 of how much this group has grown since 2000. So, we are very 10-24-11 53 1 grateful for that. 2 The resolution also states that you approve our 3 accounting system, and Ms. Hargis last year did come and 4 review our accounting policies and procedures, and 5 complimented us on how we keep track of our dollars and our 6 meal counts and that sort of thing. And, certainly, AACOG is 7 very careful about how we invoice for services. So, I would 8 hope that you would be able to grant us this resolution again 9 so that we can apply for this grant. We received $34,000 10 last year, which was wonderful. We never know how much we'll 11 receive, simply because more and more people are becoming 12 eligible to apply for it. One thing that's important for you 13 to know; in Kerr County, we don't put people on a waiting 14 list. If they need a meal, we go ahead and feed them, and 15 this grant is intended to help support the cost for those 16 unfunded meals. 17 JUDGE TINLEY: Those are the unreimbursed costs? 18 MS. WOODS: Yes. Yes, not paid for by any other 19 entity, other than us actively doing fundraising, which we do 20 center a majority of our fundraising on Meals on Wheels, 21 because we don't put people on a waiting list, but they get 22 to eat by donation. So, this year I'm going to have to raise 23 about $127,000 to cover the additional expense of that 24 program. 25 COMMISSIONER LETZ: There's two resolutions in the 10-24-11 54 1 backup, but they look almost the same. 2 MS. WOODS: There should really only be one. It 3 is -- it's the same from year to year. 4 COMMISSIONER LETZ: Yeah. 5 MS. WOODS: Maybe you've got a copy of the previous 6 year; I included one in my handout that I dropped off to 7 Jody. 8 JUDGE TINLEY: I'm just -- I just wish so many 9 other local governments would not have caught on to -- to how 10 they can have a shot at some of that money. I remember the 11 first year or two, we did pretty doggone good, because there 12 were so few counties that were eligible. As I recall, we got 13 somewhere in the high 70's. 14 MS. WOODS: Yes, we got 74,000 the very first year, 15 and I was so surprised, I called them. I said, "Are y'all 16 sure this is correct?" But the interesting thing that's 17 happened, there are providers who do just provide meals up to 18 what their government funding covers, and without a waiting 19 list, they couldn't demonstrate any number of unfunded meals. 20 So, not only have they been more proactive with their county 21 governments to ask for funds, but at the same time, they've 22 started serving more clients, which, I mean, is really what 23 we all want. We really want people to be able to eat. So, 24 yes, every year it's been a little bit less, but every penny 25 counts, as we all know. So -- 10-24-11 55 1 JUDGE TINLEY: Well, we -- 2 MS. WOODS: Hopefully we'll get around 20,000 this 3 year. That's what we've budgeted, so we'll cross our 4 fingers. 5 JUDGE TINLEY: We do appreciate the work that you 6 do. 7 COMMISSIONER OVERBY: Mm-hmm. 8 JUDGE TINLEY: You know, some of these folks that 9 you serve, you are literally their lifeline to the outside -- 10 MS. WOODS: Right. 11 JUDGE TINLEY: -- world. And there are a number of 12 occasions, and I suspect there will be more, that your -- 13 your drivers that deliver these meals, they keep a sharp eye 14 out for anything abnormal that they see about these 15 individuals. They may be neglecting their health; there may 16 be other difficulties, and so that the right resources can be 17 put in place for these folks. 18 MS. WOODS: Absolutely. In fact, you know, the 19 drivers get to know their clients so well, a lot of them will 20 bring extra things. A lot of our clients have companion 21 animals, so -- and our drivers who also love dogs or cats 22 will bring little bags of cat food or dog food. That's one 23 of the things that we've looked at trying to increase over 24 time, simply because you know they're going to share their 25 meal with their animal. And so there are several programs 10-24-11 56 1 throughout the state that work with humane societies or 2 animal control to provide food for companion animals so the 3 senior eats the meal, which is what they're supposed to do. 4 COMMISSIONER OVERBY: That's right. 5 MS. WOODS: But we are extremely blessed with the 6 number of volunteers who just take these folks under their 7 wing and do anything for them. Which is -- 8 COMMISSIONER LETZ: How many drivers do you have 9 now? 10 MS. WOODS: We've got about 156 right now. We do 11 14 routes throughout the county, and there's usually two 12 drivers per route, and those change every day. Although we 13 do have a couple of folks that drive more than one day a 14 week. One gentleman just retired for the second time when he 15 turned 91. (Laughter.) He's been delivering for 20 years, 16 and wanted to help the old folks. And he was very 17 disappointed. His family had been riding with him, but his 18 eyesight's starting to get really bad, so -- 19 COMMISSIONER OVERBY: Yeah. 20 MS. WOODS: But it is -- it's a blessing for the 21 folks who deliver, as well as the people who look forward to 22 those meals and look forward to those conversations. 23 JUDGE TINLEY: Do we have in place one of these 24 programs that -- that collaborates with you, say, for 25 example, with the humane societies, to provide something for 10-24-11 57 1 the companion animals? 2 MS. WOODS: We don't yet. It's something that 3 we've kind of charted for a future endeavor. Right now -- in 4 fact, last -- in August, we broke all kinds of records. We 5 did 257 meals. We have been doing around 235, 240, so it's 6 jumped in the last several months. So, our -- our priority 7 first is, you know, let's get the seniors fed. But -- 8 JUDGE TINLEY: Sure. 9 MS. WOODS: -- we would love to do something like 10 that. 11 COMMISSIONER OVERBY: That's 10 percent growth 12 there. 13 MS. WOODS: Yeah. 14 COMMISSIONER OVERBY: That's huge. 15 MS. WOODS: Yeah, it really is. 16 JUDGE TINLEY: And have you had any discussions 17 with any of the local humane societies? 18 MS. WOODS: No, not yet. 19 JUDGE TINLEY: Okay. 20 MS. WOODS: Not yet. Right now, our drivers who 21 are doing this are pretty much doing it on their own, just 22 because they already take the little Milkbone doggie treats 23 for the dogs. If you put a treat in their mouth, they don't 24 run out the front door, so you don't have to chase them down 25 the street, which I've been known to do in Center Point a few 10-24-11 58 1 times. But we'd love to do that eventually. 2 COMMISSIONER LETZ: The drivers, I mean, they -- 3 they're also -- they're spending a lot of their own money, 4 aren't they? Their own vehicles and own gas? 5 MS. WOODS: Yes, they do. They do. We have a gas 6 voucher program for the drivers that really is contributed to 7 by the majority of our diners in the dining room, and we 8 issue $5 gas vouchers as we have the funds for it to help 9 some of our seniors who are driving that really are 10 struggling. Certainly, when gas was up to $4 a gallon, it 11 was iffy. We were concerned about losing folks, but they're 12 very dedicated to what they do. And -- but that little $5 13 can help someone. 14 JUDGE TINLEY: Do those vouchers -- is that 15 something that is required by any of them, or do most of them 16 just leave those on the table that can? 17 MS. WOODS: A majority do leave them, simply 18 because they know there are some drivers who really do depend 19 on them. We've got some super long routes. I mean, we go to 20 Center Point. We also go all the way up to Mountain Home. 21 We go south of the county, and also north. We've got a 22 couple of routes that go on Mondays and Fridays, where 23 they'll take one hot meal and four frozen, just because it is 24 too far on a round-trip basis. But -- you know, we're 25 talking 35, 40 miles round trip. 10-24-11 59 1 COMMISSIONER OVERBY: Wow. 2 MS. WOODS: So it really makes a difference for 3 some of those folks, especially if they're on a fixed income. 4 Five dollars can go a long way. They tend to hold them until 5 they can buy a full tank, which is fine. We work with the 6 Mini Marts here in town, and that's where they can redeem 7 those. And the Fritz's have been just kind to invoice us at 8 the center, so we've done that for the past several years 9 now. It helps. 10 COMMISSIONER LETZ: Tremendous program. 11 COMMISSIONER OEHLER: One of the better ones we 12 support, in my opinion. 13 JUDGE TINLEY: Mm-hmm. 14 COMMISSIONER OVERBY: Ms. Woods, thank you. 15 Appreciate everything the Dietert Center does, and I'd like 16 to make a motion for Kerr County to approve the resolution 17 for the Dietert Center so that they may apply to the Texas 18 Department of Agriculture grant for Meals or Wheels program. 19 Thank you very much for everything this program does in Kerr 20 County. 21 MS. WOODS: Well, thank you. Thank y'all for your 22 partnership -- 23 COMMISSIONER OEHLER: Second. 24 MS. WOODS: -- and helping us. 25 JUDGE TINLEY: We have a motion and a second to 10-24-11 60 1 approve the agenda item, the resolution. Question or 2 discussion on the motion? All in favor of the motion, 3 signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion does carry. Thank you 8 very much, Ms. Woods. 9 COMMISSIONER OEHLER: Thank you. Just watch out 10 for Joanne Jones. 11 MS. WOODS: Hmm? 12 COMMISSIONER OEHLER: Watch out for Joanne Jones, 13 one of your drivers. (Laughter.) 14 MS. WOODS: They're so sweet. Thank you. 15 JUDGE TINLEY: Okay. Why don't we -- why don't we 16 look at the bills. 17 COMMISSIONER LETZ: Judge, I move we pay the bills. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded to pay the 20 bills. Question or discussion? Okay. We got two different 21 batches, one for -- 22 MS. HARGIS: Last year. 23 JUDGE TINLEY: -- '10-'11, and '11-'12. On this 24 '10-'11, in the Sheriff's budget on Page 17, there's a bill 25 to the Kerrville Daily Times. It says "ad." 10-24-11 61 1 MS. HARGIS: Yeah. That was probably for the 2 architectural stuff. 3 JUDGE TINLEY: Okay. 4 SHERIFF HIERHOLZER: For these RFQ's, Judge. 5 JUDGE TINLEY: I thought it may have been in 6 connection with one of your security or safety programs or 7 one of those. 8 SHERIFF HIERHOLZER: No. No. 9 JUDGE TINLEY: Don't you get those on a public 10 service basis? 11 SHERIFF HIERHOLZER: We get those on public 12 service. There may be another one over a tax deal that had 13 to be pulled, but we already had run an ad, and -- 14 JUDGE TINLEY: Okay. 15 SHERIFF HIERHOLZER: But it's either the RFQ or the 16 tax deal. 17 JUDGE TINLEY: Okay, that's the RFQ. Okay, good. 18 COMMISSIONER BALDWIN: He's not running for 19 re-election, is he? I appreciate you keeping an eye on that. 20 JUDGE TINLEY: Yeah. Any other questions or 21 comments? All in favor, 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: The motion does carry. Don't have 10-24-11 62 1 any budget amendments. Or do we? 2 MS. HARGIS: No. These are late bills. 3 JUDGE TINLEY: Okay. We do have some late bills. 4 COMMISSIONER BALDWIN: Thank you. 5 COMMISSIONER OVERBY: Yes, sir. 6 MS. HARGIS: The first one is a tax sale, and we 7 received the money and we're disbursing that. I think we 8 have so many days to get that back out. The second late bill 9 is our public defender program; wanted to get that in before 10 we're delinquent on that. And then the third bill is the 11 library contribution. We did receive the check from the 12 Caillouxes and it's been deposited, and now we are paying 13 that money out. And I believe our -- 14 JUDGE TINLEY: Thirty days in which to do that, as 15 I recall. Yeah. 16 MS. HARGIS: So we got that check fairly early in 17 October; we need to get it out. 18 JUDGE TINLEY: Any questions or comments on the 19 late bills? 20 COMMISSIONER BALDWIN: Hold on just a minute. 21 MR. HENNEKE: I think, as a reminder on that 22 redisbursement, that we're required to, you know, admit a 23 copy of the check or approve the payment -- 24 COMMISSIONER OEHLER: To the Caillouxes. 25 MR. HENNEKE: -- to the Caillouxes once we do so to 10-24-11 63 1 satisfy the reporting requirements. 2 MS. HARGIS: Okay, we'll make a copy of that. Do 3 you want to send a letter with it, or do you want me to just 4 send it out? 5 MR. HENNEKE: We'll get together afterwards. 6 COMMISSIONER BALDWIN: The money has come in, and 7 the money has gone out? 8 MS. HARGIS: If you approve it, yes. The money was 9 deposited about two weeks ago, so we need to get this check 10 out. 11 JUDGE TINLEY: Any other questions or comments? 12 All in favor of approval of the late bills, signify by 13 raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. Monthly reports. 18 I've been presented with monthly reports from the District 19 Clerk and from Justice of the Peace, Precinct 4. Do I hear a 20 motion for approval -- 21 COMMISSIONER BALDWIN: So moved. 22 JUDGE TINLEY: -- of the reports as submitted? 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: Motion made and seconded to approve 25 the reports as submitted. Question or discussion? All in 10-24-11 64 1 favor, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: That motion does carry. Any reports 6 from Commissioners in connection with their liaison or 7 committee assignments or special duties that they have? 8 Commissioner Oehler? 9 COMMISSIONER OEHLER: The Arrowhead bridge project 10 where TexDOT is doing replacement I believe started last 11 Thursday with putting signage up, and that project is 12 proceeding. The Hoot Owl Hollow bridge is about, I would 13 say, 80, 85 percent complete after only about five and a half 14 weeks of construction. 15 COMMISSIONER BALDWIN: I was going to say 84 16 percent, but whatever. 17 COMMISSIONER OEHLER: Well, you haven't been out 18 there, unless you've been where you weren't supposed to be. 19 COMMISSIONER BALDWIN: That's true. 20 COMMISSIONER OEHLER: Well, you never know where 21 you're going to be. 22 COMMISSIONER BALDWIN: That's true, too. 23 COMMISSIONER OEHLER: Let me see, what else? Those 24 are the two main things. And we also have been contacted -- 25 I think I mentioned it -- on the Cade Loop bridge project, 10-24-11 65 1 which is scheduled to begin August of '12, which we are going 2 to start on that project. We have not had to pay for any of 3 the others so far, and I think your other projects will be 4 funded hopefully before too long. 5 COMMISSIONER BALDWIN: How high a bridge is that 6 going to be? 7 COMMISSIONER OEHLER: Which one? 8 COMMISSIONER BALDWIN: Cade Loop, or below the dam. 9 COMMISSIONER OEHLER: It's going to be about 2 or 3 10 feet higher than the one now, but it's going to be open 11 underneath, and I believe the new plan is to take the old 12 bridge out. 13 COMMISSIONER BALDWIN: I hope so. 14 COMMISSIONER OEHLER: So that -- because we've had 15 problems at Indian Creek bridge by leaving the one above, 16 because what happens is the flood comes over and also under 17 and deposits a lot of gravel on the downstream side. And, 18 you know, we're going to have to remove all that below Indian 19 Creek because it's having water back up, and that new bridge 20 is now one of the first ones that floods, and has to be 21 closed because of it. 22 COMMISSIONER BALDWIN: Yeah. 23 COMMISSIONER OEHLER: So I think they learned their 24 lesson on that one, and it's going to be -- it will be a 25 24-foot-wide bridge, and it will probably be, I would say, 10-24-11 66 1 somewhere between 7 and 8 feet high above the river bottom. 2 Which is quite -- not a lot; they can't do a lot because -- 3 COMMISSIONER BALDWIN: Yeah. 4 COMMISSIONER OEHLER: -- of what it is, the way 5 they get some of the funding. 6 COMMISSIONER BALDWIN: Well, you're never going to 7 get it completely out of the flood -- 8 COMMISSIONER OEHLER: Yeah. No, but they'll be 9 able to get in and out, you know, within -- 10 COMMISSIONER LETZ: Pretty quick. 11 COMMISSIONER OEHLER: -- a few hours, as opposed to 12 several days sometimes. And -- but that's -- that's ongoing. 13 We are -- we have Lee Voelkel working on that right-of-way 14 for that. He started on it last week, and on the outside of 15 the bridge we do have adequate right-of-way. We don't have 16 to worry about acquiring any more. On the 39 side, we have 17 discovered that the Dowdy family, which is the lady that gave 18 the land for the Little League ballpark and the school bought 19 the land from, still holds title to all that land in the 20 floodplain -- in the floodway -- 21 COMMISSIONER BALDWIN: My gosh. 22 COMMISSIONER OEHLER: -- on that side, so we're 23 going to be contacting whoever, whether it be an estate or 24 somebody individually, to find out and to explain what we 25 want to do, and hopefully they'll give us an easement or give 10-24-11 67 1 us the property. It's a lot of that property that's down in 2 the -- down below the dam. 3 COMMISSIONER BALDWIN: Totally unusable. 4 COMMISSIONER OEHLER: Totally unusable, but it 5 would be good if we could clean it up and use it maybe as 6 more of a recreational area, at least part of it. We can't 7 get all of that, because part of it's owned by the Dam Store 8 complex. But, anyway, that's kind of what I've been playing 9 with. And we -- I do have an agreement with the new owners 10 of Camp Arrowhead -- what used to be Camp Arrowhead; now it's 11 called Old Arrowhead Ranch, and it's going to be private. 12 And I do have a -- a verbal agreement for the additional 13 right-of-way we need to make the radius coming off the new 14 bridge at Arrowhead going to Flaming Arrow. I have two 15 places we need additional right-of-way. They've agreed to 16 give us an easement at no charge. 17 COMMISSIONER BALDWIN: Super. 18 COMMISSIONER OEHLER: We'll just have to do a 19 little bit of work, Road and Bridge will, to make that happen 20 once the bridge is built. And we're working on -- I'm 21 working with Voelkel on that survey showing exactly what we 22 need from them. I met on-site with those people. Everybody 23 seems to agree finally after two years. But we did have our 24 preconstruction meetings with Dr. McCubbin, and he seemed to 25 be agreeable. And so those are kind of what -- that's what's 10-24-11 68 1 been going on a little bit out in that area. 2 JUDGE TINLEY: On the Cade Loop, the -- the advance 3 funding authorization agreement came in this past week, and 4 that'll be going to the County Attorney and be probably on 5 our next agenda for the TexDOT prefunding authorization. 6 COMMISSIONER OEHLER: Right. But we've -- Rob and 7 I have been in communication with e-mails; actually, early 8 this morning when I got in about 5:30. He had thought that 9 some of the -- that we were supposed to do some in-kind for 10 that one, but the in-kind was on the other off-system 11 bridges, not that one. 12 JUDGE TINLEY: That's over on Town Creek that we 13 did those, as I recall. 14 COMMISSIONER OEHLER: Right. 15 JUDGE TINLEY: And I believe that that was done 16 considerably -- a considerable time back. 17 COMMISSIONER OEHLER: Mm-hmm. So, anyway, that's 18 kind of what I've been playing with on the west end, a little 19 bit of it. That's just the portion I need to report. But 20 also, with the -- I did talk to Peter Lewis on Friday, and 21 kind of tuned him in to what some of our thoughts are on 22 doing some of the Ag Barn project in the coming year. But 23 some of those plans may need to be changed or whatever, and I 24 will meet with him, along with stock show people, in the near 25 future to kind of get a basic drawing for everybody to look 10-24-11 69 1 at and see what you think about it. But he said he had 2 prices on bleachers and stuff for the outdoor arena, and I 3 told him that we decided to kind of put that on hold until we 4 get into some of this other stuff we feel like is more 5 important. There you have it. 6 JUDGE TINLEY: Okay. Commissioner Baldwin? 7 COMMISSIONER BALDWIN: No. Very little, Judge. 8 Y'all will be receiving a memo from me to remind you that we 9 have a luncheon with the Historical Commission coming up 10 pretty soon, and that's probably going to be considered the 11 annual report to us, which includes membership list. So, if 12 you guys want to add or subtract names -- if you want to add 13 somebody to that membership list, that would be the time to 14 do that, not next February. But -- so that's -- 15 COMMISSIONER LETZ: Or remove? 16 COMMISSIONER BALDWIN: Or remove. We've been down 17 that road, too. But -- so that's all I've got cooking right 18 now, Judge. We've got some more things coming down the pike, 19 but we're not there yet. 20 JUDGE TINLEY: Commissioner Overby? 21 COMMISSIONER OVERBY: A couple of things. Of 22 course, this afternoon we have our Airport Planning Committee 23 meeting, and we'll have that -- getting out early today, so 24 we'll have time to pray a little bit more before we go. 25 COMMISSIONER BALDWIN: I'm not going to fast for 10-24-11 70 1 you. 2 COMMISSIONER OVERBY: AACOG meetings all day 3 Wednesday coming up this week, so we've got a full agenda 4 down there for those meetings coming up. I'm going to be 5 taking our new EDC gentleman out tomorrow and helping him get 6 connected with the new business that's going to be coming in, 7 expanding into east Kerr County. Real excited about this 8 business. This business has an operation right now currently 9 in Kendall, but are going to be expanding into Kerr County. 10 The potential development out of this could be another 40 or 11 50 jobs. I think it will be one of the largest 12 job-increasing positions in our community that we've had in 13 some time, so I'm looking forward to that. I know Ray will 14 do a great job as we turn that over to him and help this 15 business to move forward, and I'm looking forward to that. 16 So, there's some exciting development out there, so I'll keep 17 you advised. 18 JUDGE TINLEY: Wage scale's above local average? 19 COMMISSIONER OVERBY: Above -- these are 20 above-paying jobs; you know, $15, $16, $17 an hour. These 21 are good jobs for Kerr County right now. They have an 22 operation right now in Kendall, just on the other side of 23 Kerrville -- Kerr County line right now, and employing about 24 30 people, and about 20 of those positions come out of Kerr 25 County. So, this is -- this is a really good deal, and we're 10-24-11 71 1 just going to look forward to working with them. And we 2 talked about some of those incentives, Commissioner Baldwin; 3 we talked about this is something that -- I think that this 4 is one of those businesses that we're probably looking at 5 some process as we pass through. So, I know Mr. Watson will 6 be in discussion with them on what, possibly -- how they can 7 help. 8 COMMISSIONER OEHLER: Another -- kind of in 9 addition to that, the -- that public hearing that we set on 10 the Industrial Park West for next -- for the 28th, I believe, 11 of November, -- 12 COMMISSIONER OVERBY: Right. 13 COMMISSIONER OEHLER: -- that is a business that's 14 relocating from -- I believe it's Kimble County, coming into 15 Kerr. That's going to be their base. So, that will also 16 bring some jobs. 17 COMMISSIONER BALDWIN: Fantastic. 18 COMMISSIONER OEHLER: That -- 19 JUDGE TINLEY: Is that an expansion also? 20 COMMISSIONER OEHLER: That is a -- that is a new 21 one. 22 COMMISSIONER OVERBY: A relocation. 23 COMMISSIONER OEHLER: Relocation from another 24 county. 25 JUDGE TINLEY: I guess my question, then, would be 10-24-11 72 1 are they -- are the current jobs held by folks up in Kimble? 2 Are they going to come with it, or -- 3 COMMISSIONER OEHLER: I don't know the answer to 4 that, but I do know that there -- I would imagine that some 5 will come, but probably they will hire some more people if 6 their business grows. But that's what -- that kind of -- 7 that's why my name was on it this morning, so that we could 8 get it on the agenda this time so this sale could happen 9 where they could get started. 10 JUDGE TINLEY: Anything else? 11 COMMISSIONER OVERBY: That's it. 12 COMMISSIONER LETZ: On the bridge topic, there's 13 one of those bridges -- other bridges is about to kick off 14 too; it's the Lazy Valley at Cypress Creek Road. Working on 15 right-of-way on that one right now, and I think that TexDOT's 16 in their final design phase, and plan to put it out for bid, 17 I believe, sometime the first part of 2012. So, that bridge 18 will be, you know, under construction before too long. And 19 airport, there was good meeting of the Airport Board last 20 week. I did clarify -- and I know there's an item on the 21 City's agenda about the budget, and I think there was some 22 confusion between -- on the City side, anyway, a little bit 23 on what we did, and I clarified that we approved a funding 24 amount; we did not approve a budget. The Airport Board, 25 under the interlocal agreement, has to prepare the budget. 10-24-11 73 1 They're going to go back and prepare a new budget based on 2 the funding level from each the City and the County, and then 3 that budget will be resubmitted to the City and the County 4 for us to approve. And that's the format of the interlocal 5 agreement, and the Airport Board is following the interlocal 6 agreement. 7 COMMISSIONER BALDWIN: Let me ask you a question 8 about that, please. The -- irregardless of what the amount 9 of budget is, we have budgeted -- we did budget a certain 10 amount. 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER BALDWIN: And if -- if the City 13 approves a certain budget that is different from what we 14 approve, that doesn't mean that we have to -- I mean, it's 15 not required for us to meet that same amount that the City 16 does. We can -- we can budget and spend any amount we want 17 to. Correct or incorrect? 18 COMMISSIONER LETZ: Well, the interlocal agreement 19 called for each of us to fund up to 110,000. 20 COMMISSIONER BALDWIN: And what did we budget, 110? 21 COMMISSIONER LETZ: 110. 22 COMMISSIONER BALDWIN: That's correct. 23 COMMISSIONER LETZ: Right. The City has 110 24 budgeted, but they divided it up into line items, and that's 25 what's being -- the bottom line isn't changing, but some of 10-24-11 74 1 the line items might change. And the City's aware -- 2 COMMISSIONER BALDWIN: The bottom line is not 3 changing, even with the City? 4 COMMISSIONER LETZ: No. 5 COMMISSIONER BALDWIN: I misunderstood, then. I 6 thought that there was a squabble over the actual bottom 7 line. 8 COMMISSIONER LETZ: More of a moral issue as to -- 9 I mean, the interlocal agreement says Airport Board has to -- 10 has to control -- or has to -- not has to control, has to 11 write the budget and submit it. That there's no mechanism 12 for the -- either entity to prepare a budget. 13 COMMISSIONER BALDWIN: Yeah. 14 COMMISSIONER LETZ: So -- and that's what they're 15 doing, just following the interlocal agreement. 16 COMMISSIONER BALDWIN: Well, I'm astounded that 17 there's something confusing with the City, and -- 18 COMMISSIONER LETZ: But as Commissioner Overby 19 said, we'll be meeting with -- I presume it's going to be the 20 planning committee. The members are Carson Conklin, David 21 Wampler, the two of us, and Jeannie Hargis and Mike Erwin. 22 MS. HARGIS: That's it. 23 COMMISSIONER LETZ: And Steve King and Tom Moser. 24 That's -- 25 COMMISSIONER BALDWIN: I may fast for you after 10-24-11 75 1 all. 2 COMMISSIONER OVERBY: Well, that's -- 3 COMMISSIONER OEHLER: Do I need to go by the 4 Sheriff's Office? 5 COMMISSIONER LETZ: The meeting will be at 6 1 o'clock at the airport, and it is open. It's an open -- 7 you know public meeting for those that want to attend. 8 COMMISSIONER OVERBY: Information. 9 COMMISSIONER LETZ: But participation will be 10 limited to those members, or other ones that are invited. 11 COMMISSIONER OEHLER: You want me to go by the 12 Sheriff's Department, get you a little bulletproof vest 13 before you go? 14 SHERIFF HIERHOLZER: I got an expired one for him. 15 COMMISSIONER LETZ: Safe territory at the airport. 16 COMMISSIONER BALDWIN: Did you hear what Rusty 17 said? He said that he had an expired one. 18 COMMISSIONER OEHLER: That wasn't very nice, was 19 it? 20 COMMISSIONER BALDWIN: That's pretty funny, though. 21 JUDGE TINLEY: Appreciate you thinking of us, 22 Sheriff. 23 SHERIFF HIERHOLZER: Sure. 24 COMMISSIONER OEHLER: Wonder who he intended to 25 give that to. 10-24-11 76 1 COMMISSIONER LETZ: Overby. 2 COMMISSIONER OVERBY: Yeah. Watch it, now. 3 JUDGE TINLEY: Okay. Reports from elected 4 officials? Department heads? 5 MS. LANTZ: I just want to note, we're going to 6 have open open enrollment starting next week, 1st, 2nd, and 7 3rd. We're also going to have a make-up day for those that 8 cannot make it. The first two days, we will be at the 9 Sheriff's Office annex, and then the third day we're going to 10 do it here at the courthouse to accommodate people in the 11 courthouse. 12 JUDGE TINLEY: And the make-up will be at the 13 courthouse also? 14 MS. LANTZ: Yes. And we're trying to get that, 15 because TAC will have to come back for that make-up day as 16 well, so we're coordinating that day right now. 17 COMMISSIONER LETZ: How long should -- do you 18 anticipate it taking per employee? 19 MS. LANTZ: Each class -- or how we have it set up 20 is about an hour. It's going to be a little bit different 21 this year, because the employees won't be doing it on the 22 computers, so they're hoping it will go quicker. 23 SHERIFF HIERHOLZER: Part of it, correct? 24 MS. LANTZ: None of it. 25 SHERIFF HIERHOLZER: I thought Alamo's part, the 10-24-11 77 1 supplement was going to be on computer. That's why you 2 wanted one training room. TAC's part is by hand. That's the 3 way -- 4 MS. LANTZ: We're going to just do it in the one 5 Sheriff's annex where the bigger area is, and -- 6 SHERIFF HIERHOLZER: No computers necessary? 7 MS. LANTZ: -- we're working with Alamo right now 8 to get all that as far as computers, because TAC wants to do 9 at least 50 people at a time. So -- instead of 18. 10 JUDGE TINLEY: Need a big area there. 11 SHERIFF HIERHOLZER: That training room -- okay, 12 we'll look, 'cause it may not hold 50. 13 MS. LANTZ: Well, Bruce went and looked, and he 14 kind of said the most is probably about 40, so that's what I 15 told TAC. 16 SHERIFF HIERHOLZER: Forty is about it, not 50. 17 COMMISSIONER OEHLER: Doesn't take too long if you 18 get 40 at a time. 19 COMMISSIONER LETZ: Yeah. 20 JUDGE TINLEY: Anybody else? Elected officials? 21 Department heads? Mr. Garcia? 22 MR. GARCIA: We are on the second phase of a Kerr 23 County nuisance abatement program in Precinct 1, 1550 24 Calcote. Our next step is to publish the order -- the court 25 order for the Kerr County Nuisance Abatement Program. That 10-24-11 78 1 will take effect 30 days after the publishing. 2 JUDGE TINLEY: Okay. Is that it? 3 MR. GARCIA: That's it. 4 JUDGE TINLEY: Treasurer? 5 MS. TAYLOR: I've got the quarterly reports done. 6 Yay. 7 JUDGE TINLEY: Okay. Sheriff? 8 SHERIFF HIERHOLZER: No, I don't have anything. 9 JUDGE TINLEY: Ms. Hargis? County Attorney? 10 MR. HENNEKE: Congratulations on entering into the 11 public defender program. With the the capital case last 12 week, we're in the black. It'll more than pay for itself 13 over the life of the agreement, just from that one case. And 14 we may have another coming, and -- 15 SHERIFF HIERHOLZER: I got notices from the 16 attorneys. 17 MR. HENNEKE: So, they're on top of it. That's 18 going to work out very well for Kerr County, I think. 19 JUDGE TINLEY: There apparently was one failing, in 20 that we -- when I say "we," I forgot to communicate the fact 21 that we had approved this agreement and entered into it with 22 the folks upstairs. They apparently weren't in the loop on 23 that, and -- 24 COMMISSIONER OEHLER: Hope that didn't start -- 25 JUDGE TINLEY: That's my responsibility as far as I 10-24-11 79 1 know, so -- 2 MR. HENNEKE: It all got sorted out, I believe. 3 JUDGE TINLEY: Yeah. Well, all's well that ends 4 well. 5 SHERIFF HIERHOLZER: We did get notice from the 6 attorney that has been appointed through that program or 7 whatever for that client. That notice came on the 21st, so I 8 would say things are running. 9 JUDGE TINLEY: As that thing's moving forward, 10 we'll have some expenses. I'm sure there will be some 11 experts that are desired, and we'll -- we'll probably have to 12 shoulder some of that expense. But the lion's share of it's 13 going to be covered under this agreement, thank goodness. 14 COMMISSIONER OEHLER: I can remember those in the 15 past, and it almost bankrupted us a couple times. 16 JUDGE TINLEY: Mm-hmm. 17 SHERIFF HIERHOLZER: Well, and you're likely to 18 have another one in the next couple of months along with 19 that, so it may be a good time. 20 COMMISSIONER OEHLER: Glad that this came up so we 21 could vote on it and it could be approved, because that -- 22 that is a -- that is a money-saving deal, because we all know 23 what those trials can cost. 24 JUDGE TINLEY: Mm-hmm. Okay, is that it for 25 reports from elected officials and department heads? Why 10-24-11 80 1 don't we take about a 20-minute recess, come back and finish 2 up. 3 (Recess taken from 10:30 a.m. to 10:55 a.m.) 4 - - - - - - - - - - 5 JUDGE TINLEY: Okay. Let's come back in session; 6 we were in recess. I have an issue about the canvassing of 7 the election on the date indicated. Actually, it's the time 8 that's a problem. I had it at 9 o'clock, and one of the 9 J.P.'s has cases scheduled in this courtroom at that time. 10 We could probably get this knocked out -- shouldn't take more 11 than 15 minutes, should it? 12 COMMISSIONER BALDWIN: That would be November the 13 16th. You just read a bunch of numbers, and we approve it 14 and go. 15 COMMISSIONER OEHLER: It's just -- 16 JUDGE TINLEY: How about 8:45? Scheduling it for 17 8:45 instead of 9:00. Will that work? 18 COMMISSIONER BALDWIN: Yes, sir. 19 COMMISSIONER OVERBY: Yes, sir. 20 COMMISSIONER OEHLER: Sure. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER BALDWIN: That's all there is to it. 23 JUDGE TINLEY: Okay. Do I hear a motion to 24 supersede the prior motion, that we have it at 8:45 on 25 November 16th, 2011, canvassing? 10-24-11 81 1 COMMISSIONER OVERBY: Motion made. 2 COMMISSIONER LETZ: Second. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: Motion made and seconded. Question 5 or discussion? All in favor, signify by raising your right 6 hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 COMMISSIONER BALDWIN: Judge, can you tell me which 11 J.P. it is that's using the courtroom? 12 JUDGE TINLEY: Three. Your kinfolks. 13 COMMISSIONER BALDWIN: I cannot believe it. Don't 14 do that any more; I've got to live here. I find that hard to 15 believe. 16 JUDGE TINLEY: Okay. It appears all we have left 17 is Item 18 and 19, which are executive session items. Is any 18 member of the Court aware of anything other than those two? 19 COMMISSIONER BALDWIN: No, sir. 20 JUDGE TINLEY: At this time, we will go out of open 21 or public session, and it is 10:55 a.m., for the purpose of 22 going into executive or closed session. 23 (The open session was closed at 10:55 a.m., and an executive session was held, the transcript of which 24 is contained in a separate document.) 25 - - - - - - - - - - 10-24-11 82 1 JUDGE TINLEY: It's 11:30, and we're now back in 2 open or public session. Any member of the Court have 3 anything to offer with regard to the matters discussed in 4 executive session? 5 COMMISSIONER LETZ: I'll make a motion that we pay 6 the interim Treasurer on the same basis as the Treasurer was 7 paid as long as she's filling the position as interim 8 Treasurer. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: Motion made and seconded as 11 indicated. Question or discussion? All in favor, signify by 12 raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. 17 MR. HENNEKE: Would that be effective immediately? 18 Effective November 1st? Effective retroactively? 19 COMMISSIONER LETZ: Say effective November 1st. 20 COMMISSIONER OEHLER: November 1st. 21 COMMISSIONER BALDWIN: Why not retroactive? 22 COMMISSIONER OVERBY: Yeah, retroactive. She's 23 been doing -- 24 COMMISSIONER BALDWIN: Why not pay her for what 25 she's doing? 10-24-11 83 1 COMMISSIONER LETZ: That's fine. 2 COMMISSIONER BALDWIN: That's your theory. I'm 3 just trying to support you, Jon. 4 COMMISSIONER LETZ: That's fine. 5 COMMISSIONER OVERBY: I mean, Mindy's last day was 6 September 30th officially. 7 COMMISSIONER LETZ: October 1. 8 COMMISSIONER OVERBY: She's already been putting 9 the time in, so -- 10 COMMISSIONER LETZ: That's fine. 11 JUDGE TINLEY: And it's effective October 1, 2011? 12 COMMISSIONER LETZ: Yes. 13 COMMISSIONER OEHLER: Yes. 14 JUDGE TINLEY: Okay. Anything else in connection 15 with the matters to come before the Court today? We'll be 16 adjourned. 17 (Commissioners Court adjourned at 11:31 a.m.) 18 - - - - - - - - - - 19 20 21 22 23 24 25 10-24-11 84 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 27th day of October, 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 10-24-11