1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, March 12, 2012 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 March 12, 2012 2 PAGE --- Commissioners' Comments 5 3 1.1 Consider/discuss, take appropriate action for 4 final approval of alternate plat for Eagle Ledge Subdivision, Precinct 4 12 5 1.2 Consider/discuss, take appropriate action to get 6 quotes for asbestos remediation at Hill Country Youth Exhibit Center based on asbestos survey 7 completed by Environmental/Occupational Solutions 14 8 1.3 Consider/discuss, take appropriate action regard- ing capital items list for proposed debt issue -- 9 1.4 Consider/discuss, take appropriate action to 10 refer responses to RFQ’s received from ESD attorneys to representative(s) of Commissioners 11 Court for review and recommendation 19 12 1.5 Consider/discuss, take appropriate action to accept recommendation regarding ESD attorney 13 responses to RFQ and authorize representative(s) of Commissioners’ Court to negotiate with 14 recommended applicants on terms of engagement -- 15 1.6 Consider/discuss, take appropriate action to approve business associate agreement Alamo 16 Insurance Group to facilitate compliance with privacy/security rules; County Judge to sign same 20 17 1.10 Consider/discuss, take appropriate action to 18 approve Chapter 381 economic development agreement with David K. LeMeilleur & Denise R. 19 LeMeilleur; authorize County Judge to sign same 22 20 1.13 Consider/discuss, take appropriate action for assisting Kerr County parks improvements for 2012 24 21 1.14 Consider/discuss, take appropriate action on 22 reimbursing expenses incurred in the 2010-2011 fiscal year by Hunt Volunteer Fire Department 23 out of 2011-2012 budget 34 24 1.15 Consider/discuss, take appropriate action to approve resubmittal of CWSRF application for 25 2012 concerning East Kerr County Wastewater project; authorize Commissioner Letz to sign same 37 3 1 I N D E X (Continued) March 12, 2012 2 PAGE 1.16 Consider/discuss, take appropriate action to 3 approve aerial survey for East Kerr County Wastewater Project for EDAP/CWSRF project areas 38 4 1.17 Consider/discuss, take appropriate action for 5 implementing and planning a mandatory hookup policy for East Kerr County Wastewater project 40 6 4.1 Pay Bills 43 7 4.2 Budget Amendments -- 4.3 Late Bills -- 8 4.4 Approve and Accept Monthly Reports 44 9 5.1 Reports from Commissioners/Liaison Committee Assignments 45 10 1.8 Consider/discuss, take appropriate action to 11 accept external audit report from Neffendorf, Knopp, Horry, Doss & Co., for F.Y. 2010-2011 54 12 1.9 Consider/discuss, take appropriate action on 13 presentation from AACOG regarding Alamo Regional Transit (ART) transportation services 66 14 1.7 Recommendation and request for court action in 15 filling County Extension Agent/Family & Consumer Sciences position in Kerr County 88 16 1.11 Consider/discuss, take appropriate action on 17 Proclamation for Partners in Ministry’s Community Service Infusion (CSI) Day 92 18 1.12 Consider/discuss, take appropriate action on 19 request from Partners in Ministry to have County pay dumping fees accrued during upcoming CSI day 95 20 1.18 Consider/discuss, take appropriate action 21 regarding settlement agreement in Kerr County vs. Arreola (Executive Session) 99 22 3.1 Action as may be required on matters discussed 23 in Executive Session 100 24 5.2 Reports from Elected Officials/Department Heads --- 25 --- Adjourned 101 4 1 On Monday, March 12, 2012, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, March 12th, 2012, at 9 a.m. It is 11 that time now. Commissioner Letz? 12 COMMISSIONER LETZ: Please stand and join me in a 13 moment of prayer, followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Please be seated. At 16 this time, if there's any member of the public or audience 17 that wishes to be heard on any matter which is not a listed 18 agenda item, this is your opportunity to come forward and 19 tell us what's on your mind. If you wish to be heard on an 20 agenda item, we'd prefer that you fill out a participation 21 form. There should be some located at the rear of the room. 22 That is not absolutely essential. It does serve as a 23 reminder to me to know that there is someone who wishes to be 24 heard on that agenda item. But if you haven't filled out a 25 participation form and we get to an agenda item where you 3-12-12 5 1 want to be heard, get my attention in some manner and I'll 2 give that you opportunity. But right now, if there's any 3 member of the public or audience that wishes to be heard on 4 any matter which is not a listed agenda item, please come 5 forward and tell us what's on your mind. Seeing no one 6 coming forward, we will move on. Commissioner Letz? 7 COMMISSIONER LETZ: Just -- I don't think I have 8 anything, other than we had about a -- generally, about an 9 inch of rain in the eastern part of the county. I suspect 10 most of the county had about the same. Very nice. 11 Wildflowers are getting ready to bloom. That's it. 12 JUDGE TINLEY: Commissioner Oehler? 13 COMMISSIONER OEHLER: Got about an inch and a 14 quarter out in Hunt. Only thing I have this morning, really, 15 is that Ray Garcia, our Environmental Health Director, was 16 nominated for the Governor's Environmental Excellence Award, 17 and he is a finalist in that as an individual for his work in 18 environmental issues, so that's pretty neat. The other thing 19 is that our Animal Control -- our animal population is 20 probably lower than it has been in a long time in that 21 shelter. We've had lots and lots more adoptions in the last 22 month than we've had in no telling when, people coming from 23 all over. They've got on it Facebook and web pages here and 24 there, and it's just -- they're doing a great job out there, 25 and I want to give them credit for that, and hope that 3-12-12 6 1 continues. 2 COMMISSIONER OVERBY: That's good. 3 COMMISSIONER OEHLER: It would be nice to have that 4 thing almost empty. 5 COMMISSIONER LETZ: Mm-hmm. 6 COMMISSIONER OEHLER: And the other day I was out 7 there on another issue, and I believe that the population of 8 the dogs right now is 35. And that -- I don't ever remember 9 it being that low. So, kudos to those people. 10 JUDGE TINLEY: What -- what's the schedule on the 11 determination of -- of the governor's selection on this 12 environmental award? 13 COMMISSIONER OEHLER: Well, I think it has already 14 been made, and he became a finalist. He didn't win, but he 15 is a finalist with one other person. 16 JUDGE TINLEY: Okay. With one other? There were 17 two of them? 18 COMMISSIONER OEHLER: Well, actually, let me look 19 here, make sure I'm right. 20 JUDGE TINLEY: Just being nominated is an honor, 21 statewide. 22 COMMISSIONER OEHLER: And he's been invited to the 23 dinner where they make the presentation -- 24 COMMISSIONER OVERBY: That's good. 25 COMMISSIONER OEHLER: -- in Austin. So, I thought 3-12-12 7 1 we have some awful good folks that work for Kerr County, and 2 a lot of them don't get much credit for any of it, except 3 maybe a little abuse. But they do well; most of them do very 4 well. 5 JUDGE TINLEY: Congratulations, Ray. 6 MR. GARCIA: Thank you. 7 COMMISSIONER OEHLER: Yeah, Ray. 8 COMMISSIONER OVERBY: Congratulations. 9 JUDGE TINLEY: Commissioner Baldwin is not with us 10 today; he is ill. Commissioner Overby? 11 COMMISSIONER OVERBY: Judge and Commissioners, I do 12 want to let you know that I attended an Eagle Ford conference 13 on May -- on March 1st and 2nd. The reason I wanted to bring 14 that up to you, of course, as we've recently been helping Fox 15 Tank Company come into Kerrville and helping get them set up 16 for jobs and those things, I don't know if the community 17 knows this, but the Eagle Ford play in South Texas is the 18 largest -- second largest oil and natural gas findings in the 19 country. The only -- largest oil field findings is Prudhoe 20 Bay in Alaska, and so the Eagle Ford play is going to be a 21 huge play for South Texas. And, of course, one of things 22 that's important for us in visiting in that conference last 23 week is the opportunity for second-tier type of developments 24 up in our area. We've talked about that here in the 25 Commissioners Court, about the opportunity for other 3-12-12 8 1 suppliers and those other companies may come down the road 2 with that. 3 Issues down there, of course, one of our 4 presentations that is at 10 o'clock is going to be presented 5 from our AACOG Director, Dean Danos, who was on one of the 6 panel committees down there at that conference. Many of our 7 AACOG representatives, which Kerr County is a part of, where 8 they're also attending that conference. But I just think the 9 main thing is to understand that there's more opportunities 10 over the next period of years, because they don't advertise 11 their shale play, which is going to be providing about 50 12 percent of our country's energy needs by 2020. The Eagle 13 Ford play is going to be providing about 20 percent of our 14 total energy needs out of that shale development, so it's a 15 huge development. Just want to bring that attention, again, 16 to the Court, and the opportunity not only helping with Fox, 17 but other -- other companies that may be looking at Kerr 18 County down the road, and I just wanted you to be aware of 19 that. It was a great conference; learned a lot. Shook a lot 20 of hands with a lot of folks from Anadarko, Apache, Marathon 21 Oil Company, getting Kerr County's name out there. So, it 22 was a good conference, and learned a lot out of it. That's 23 it. 24 JUDGE TINLEY: Thank you. That's a tremendous 25 opportunity, hopefully, for economic development. Granted, 3-12-12 9 1 we're not in the middle of it, and in some ways I'm kind of 2 glad we're not because of the infrastructure issues. But as 3 a second-tier provider, possibly, for some of the needs down 4 there, it gives us an opportunity for some good jobs, good -- 5 good tax revenue, both ad valorem and sales tax. So, we need 6 to be mindful of that, because we desperately need good 7 economic development opportunities. 8 COMMISSIONER LETZ: Judge, can I make a comment 9 real quick on the Eagle Ford too? Some friends of mine are 10 involved with that play, one of the oil companies. About the 11 infrastructure thing, he was telling me -- he calls me on 12 occasion to find out the County's perspective on -- on damage 13 to roads and things. But -- 14 COMMISSIONER OVERBY: You bet. 15 COMMISSIONER LETZ: -- they're -- the oil companies 16 get a lot of bad press for what they're doing, but they 17 also -- I want to give a story of the credit. There's, in 18 La Salle County, two bridges that need to be replaced, and 19 it's not on the -- their county bridges are not on the TexDOT 20 system, really. And this particular oil company, I won't 21 mention the name, is going to pay one-third of the cost. The 22 other oil company is going to pay one-third, and the county's 23 going to pay one-third. So, I think they're going out there 24 above and beyond. They are pretty much delivering all the 25 material to resurface all the roads at no cost to the county. 3-12-12 10 1 So, they do a lot to help the counties, and certainly the tax 2 revenue that it brings in addition. But they generally 3 understand that they put a lot of pressure on the county road 4 systems where they go in, and they're -- and they, you know, 5 pay their fair share, from what I hear. At least some of 6 them do. 7 JUDGE TINLEY: The oil companies build a pretty 8 nice tax base too when they get that production. I was 9 raised in a -- in a county where, at one time, it had the 10 highest production per acre of oil and gas in the entire 11 state of Texas. Other counties that were larger had a 12 greater amount of production, but per acre, Yoakum County had 13 the largest per-acre production. Believe me, it makes a 14 difference when you talk about infrastructure; your schools, 15 for example. This was, of course, before Robin Hood, and we 16 never lacked for anything in our schools. I serve as the 17 chairman of the regional review committee; I was appointed by 18 the governor a number of years ago to serve as chair of that 19 committee. That committee sets up the criteria that 20 determines the distribution of Community Development Block 21 Grant funds that are administered out of AACOG to the 22 counties within the AACOG region. 23 Very interestingly, in past years, the counties 24 that have -- that have established the greater need were the 25 poorer counties, the lower income counties; Frio, Karnes, 3-12-12 11 1 Atascosa. Well, that metric is changing dramatically, 2 because look where all that shale play is going on now; Frio, 3 Karnes, Atascosa and other counties. So, that -- that 4 dynamic is going to change based upon those needs, because 5 the Community Development Block Grant model is to try and 6 channel funds to those communities, those governmental 7 entities that are predominantly low or low-mod income 8 communities. So, that's going to be another challenge to the 9 regional review committee. So, in -- in determining our 10 criteria, there's going to be a different distribution of 11 those funds. But that whole Eagle Ford operation down there 12 is going to make a tremendous difference, not just to those 13 areas right there where it's serving, but it's going to have 14 a lot of throw-off around the entire region, and that 15 includes us, and we need to take whatever advantage we can of 16 it. So, I -- I appreciate the opportunity to benefit from 17 that play, and I hope we can get a good deal more economic 18 development opportunities from it, and we need to take 19 advantage of any opportunities we do get. 20 COMMISSIONER OVERBY: Judge, the only thing I'd 21 like to add with that, and I appreciate Commissioner Letz' 22 comments 'cause he talked about infrastructure and labor pool 23 down there. Just -- it's just quite interesting, 'cause 24 we're just at the tip of the iceberg on this. There was only 25 -- there's 100 wells drilled -- of course, they use the 3-12-12 12 1 fracking part as far as how they drill today. There was 104 2 wells drilled in 2010. Last year, there were 1,174. They 3 anticipate by the time that the play is finished, when it 4 taps out where it's going to be, which I think is 2022, there 5 will be 62,000 wells that will be drilled in South Texas, and 6 it's a huge finding. And so the potential part of this -- 7 and you talk about the infrastructure going to be an ongoing 8 thing for oil companies that to work with the counties and 9 potential part for us to have some other second-tier. I 10 think the Judge made some great points there. We know we're 11 glad were not in the middle of that, but we're on the outside 12 where we could get some benefit in sales tax and jobs 13 created, so it's going to be interesting to watch. It's 14 going to be a process that's going to be -- we'll be hearing 15 about for the next 15 years at least. 16 JUDGE TINLEY: Good opportunities. 17 COMMISSIONER OVERBY: That's it. 18 JUDGE TINLEY: Let's get on with our agenda. We'll 19 go to our first 9 o'clock timed item, Item 1; to consider, 20 discuss, and take appropriate action for final approval of 21 the alternate plat for Eagle Ledge Subdivision, J. Francis 22 Hernandez Survey Number 419, Abstract Number 186, and the 23 W.H. Jackson Survey Number 1763, Abstract Number 929, and 24 located in Precinct 4. Mr. Odom? 25 MR. ODOM: Good morning. 3-12-12 13 1 COMMISSIONER OVERBY: Good morning. 2 MR. ODOM: Mr. Johnson owns 17.7 acres out of the 3 Jay Francis Hernandez survey, Number 419, Abstract Number 4 186, and also 3.9 acres out of W.H. Jackson Survey Number 5 1763, Abstract Number 929. Mr. Johnson would like to take 6 the said 21.6 acres, divide it into three lots. Lot 1 will 7 be 7.19 acres, Lot 2 will be 6.69 acres, and Lot 3 will be 8 7.72 acres. All the O.S.S.F. requirements have been approved 9 and signed off on, and all subdivision rules and regulations 10 have been met. So, at this time, we ask the Court for their 11 final approval for the Eagle Ledge Subdivision, J. Francis 12 Hernandez Survey Number 419, Abstract Number 186, and the 13 W.H. Jackson Survey 1763, Abstract Number 929, Precinct 4. 14 COMMISSIONER OEHLER: Move approval. 15 COMMISSIONER LETZ: Second, with a comment. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the agenda item. Question or discussion? 18 COMMISSIONER OEHLER: What's your comment? 19 COMMISSIONER LETZ: Comment. I mean, the 20 subdivision looks fine, but it doesn't say "plat" anywhere on 21 here. But it is a plat. It'll be a -- I mean, it doesn't -- 22 I always thought -- I thought our rules required it, 'cause I 23 know we go into -- on revisions, it talks about it being a -- 24 you know, the final plat. Maybe not. Maybe I imagined it. 25 But, anyway -- 3-12-12 14 1 COMMISSIONER OEHLER: Excess of what's necessary 2 and -- 3 COMMISSIONER LETZ: I'm not saying it's not a plat; 4 I'm just saying it's a technical issue. We go through lots 5 of them, I know, with Voelkel, make them dot every T. I 6 think it needs to have the word "plat" on here according to 7 our rules. Anyway, we might check that. Other than that, 8 looks fine from a subdivision standpoint. Just trying to be 9 consistent. 10 COMMISSIONER OEHLER: I understand. It's a good 11 thing for Voelkel. 12 JUDGE TINLEY: Any other question or comment? All 13 in favor of the motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion does carry. Let's go to 18 Item 2; to consider, discuss, take appropriate action to get 19 quotes for asbestos remediation at the Hill Country Youth 20 Exhibit Center based on the asbestos survey completed by 21 Environmental Occupational Solutions Corporation. 22 Commissioner Oehler, this was your agenda item. Do you want 23 to hand it straight off to Peter, or run with it? 24 COMMISSIONER OEHLER: Well, I'll just say we have 25 one quote, is what came in since it was put out there, and 3-12-12 15 1 I'll let Peter take over from there, let him explain what 2 came in. 3 MR. LEWIS: Good morning, Judge, Commissioners. 4 COMMISSIONER OVERBY: Morning. 5 MR. LEWIS: We do, in fact, have one quote, and let 6 me -- a little history. On February 17th, Environmental 7 Occupational Solutions Corporation did an assessment of 8 hazardous materials out at the Ag Barn. They took 28 9 samples. Of those 28, only two were found to have minor 10 amounts of asbestos-laden material; those were in the window 11 glazing in two locations, in hog -- one in Hog Barn 1 and one 12 at Hog Barn 2. Last week, we were asked to solicit proposals 13 for abatement of that, and I, working through E.O.S. -- we 14 had requested three proposals. We've received one. It was a 15 short notice, and we received one from L.V.I. Services in San 16 Antonio. You have copies of that proposal in front of you. 17 We propose to follow proper E.P.O. shown regulatory agency 18 protocol. They anticipate it's about a four- to five-day 19 exercise. They have a few exclusions. They put some 20 responsibilities on the County for minor issues; power, water 21 during the course of that. 22 But their -- their quote was $14,500 to do this 23 abatement and removal. And, of course, they put tents up and 24 the guys come up with respirators and wear white suits, and 25 feels like we're in the hot zone. They have a recommendation 3-12-12 16 1 in here. They would -- they would either remove the glazing 2 that is suspect, or was identified as being bearing asbestos, 3 or they suggest -- this vendor suggests that there would be 4 some savings just to remove the entire component at the time, 5 as opposed to the individual window -- take the window out, 6 as opposed to taking out the glazing and then the window. 7 And I haven't had time -- I talked with Commissioner Oehler 8 over the weekend. I haven't had time this morning to explore 9 with L.V.I. whether that -- what impact on that dollar amount 10 would be. 11 COMMISSIONER LETZ: As long as it's less, I would 12 think that would be a positive. 13 MR. LEWIS: Yes. 14 COMMISSIONER LETZ: I mean -- 15 COMMISSIONER OEHLER: Oh, yeah. 16 COMMISSIONER OVERBY: Was it significantly less, 17 what their comments were on that? Or he just said less in 18 general? 19 MR. LEWIS: Just less. 20 COMMISSIONER OVERBY: Okay. 21 MR. LEWIS: It wasn't quantified. 22 COMMISSIONER OVERBY: Okay. 23 COMMISSIONER LETZ: I move we accept the proposal 24 from L.V.I. for $14,500, with the funds to come out of our 25 capital money we have set up. Jeannie, I don't know what 3-12-12 17 1 account it's in, the 260,000, 240,000 we currently have. 2 COMMISSIONER OVERBY: Right. 3 COMMISSIONER LETZ: Have it come out of that line 4 item. 5 COMMISSIONER OEHLER: I'll second that. I think 6 it's time to move on. That's not a tremendous deal. They'll 7 get rid of the glass, which will be good for the rest of the 8 demolition. 9 COMMISSIONER OVERBY: I think it's also fortunate 10 that's the only thing that we're dealing with here 11 environmentally-wise as well, so that's a plus. 12 MR. LEWIS: Yeah. They tested -- 13 COMMISSIONER OEHLER: We're very, very fortunate. 14 MR. LEWIS: They tested insulation, flooring, 15 roofing, all the areas that would normally be suspect for 16 asbestos-laden material, and it is interesting that this was 17 the only location that asbestos was found. It's very common 18 to find it in window glazing. It's also very common to find 19 it in joint compound on sheetrock, and so they found none 20 anywhere else. 21 COMMISSIONER LETZ: Good. 22 COMMISSIONER OEHLER: Best news we've had so far. 23 COMMISSIONER OVERBY: Yeah. 24 JUDGE TINLEY: Let me -- 25 MR. LEWIS: Glad I could be the messenger. 3-12-12 18 1 JUDGE TINLEY: We have a motion and a second. And 2 comments? Are they going to explore the removal of the 3 windows -- 4 MR. LEWIS: Yes. 5 JUDGE TINLEY: -- themselves? 6 MR. LEWIS: Yes. 7 JUDGE TINLEY: As part of this? As a methodology 8 of maybe bringing that -- even this cost down? 9 MR. LEWIS: That's my understanding. Again, I 10 haven't had a chance to -- but yes. 11 JUDGE TINLEY: Okay. That's the basis of your 12 motion? 13 COMMISSIONER OEHLER: That's the basis of my 14 motion, the fact that they are -- they have actually an 15 alternate plan for lowering the cost. 16 JUDGE TINLEY: Okay. 17 MR. LEWIS: And I'll try to visit with them today. 18 Again, we visited over the weekend, and so I haven't had a 19 chance to discuss this with them. And then I'll report back 20 to Commissioner Oehler on what the impact might be. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER LETZ: And I'll -- and in my motion, 23 I'll authorize that Peter Lewis have authority to make that 24 decision on lowering the cost of taking the old windows out. 25 MR. LEWIS: I guess if it lowers it, mo' better. 3-12-12 19 1 JUDGE TINLEY: Sounds to me like a no-brainer. Any 2 other questions or comments? 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: That motion does carry. Let's go to 8 Item 3; to consider, discuss, take appropriate action 9 regarding capital items list for proposed debt issue. This 10 is a recurring item. No particular reason that I put it on, 11 except that I want to leave that open. We've probably pretty 12 much closed the door now since we've given notice, but any 13 more items to be discussed there? Let's move on to Item 4; 14 to consider, discuss, take appropriate action to refer 15 responses to the RFQ's received from ESD attorneys to 16 representatives of Commissioners Court for review and 17 recommendation. 18 COMMISSIONER LETZ: Probably got a knife in here 19 somewhere. 20 JUDGE TINLEY: The first one -- or is this the only 21 one? 22 COMMISSIONER LETZ: Only one, I guess. 23 JUDGE TINLEY: The only one we have is from the 24 Carlton law firm out of Austin, Texas. There's a number of 25 copies here. 3-12-12 20 1 COMMISSIONER LETZ: Judge, I'll make a motion that 2 we accept the RFQ from Carlton law firm and refer it to 3 Commissioner Baldwin and County Attorney for review and 4 recommendation. 5 COMMISSIONER OVERBY: I'll second that. 6 JUDGE TINLEY: Motion made and second as indicated. 7 Further question or discussion? All in favor of the motion, 8 signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. 13 MR. HENNEKE: Is that just to me? Do you want me 14 to coordinate with -- 15 COMMISSIONER LETZ: Baldwin and you. 16 MR. HENNEKE: Okay. 17 JUDGE TINLEY: Let's go to Item 5 -- no, let's 18 don't go to Item 5. Item 5 is to act upon recommendation 19 with regard to that matter. I -- this obviously will have to 20 be deferred because of Commissioner Baldwin's absence. Let's 21 go to Item 6, to consider, discuss, take appropriate action 22 to approve business associate agreement with Brown & Brown 23 Lone Star Insurance, Inc., d/b/a Alamo Insurance Group, to 24 facilitate compliance with privacy and security rules, and 25 have County Judge sign same. Ms. Lantz? 3-12-12 21 1 MS. LANTZ: Good morning, Judge and Commissioners. 2 This is basically a business associate agreement with Alamo 3 Insurance and Brown & Brown to cover our HIPAA privacy 4 policies with our insurance. 5 JUDGE TINLEY: The cover information indicates that 6 it protects the county with regard to HIPAA and protected 7 health information, and that it is a Department of Labor 8 standardized form. 9 MS. LANTZ: And the County Attorney has looked over 10 it. 11 MR. HENNEKE: I have. It reflects changes in the 12 federal HIPAA law. Basically, they agree that they'll comply 13 with the law; we agree that we'll let them. You know, it 14 looks fine to me, Judge. 15 COMMISSIONER OVERBY: I'll make -- make a motion, 16 then, to approve the business associate agreement with Brown 17 & Brown Lone Star Insurance, Inc., d/b/a Alamo Insurance 18 Group, to facilitate compliance with privacy and security 19 rules, and authorize our County Judge to sign that document. 20 JUDGE TINLEY: I have a motion. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: And a second. Further question or 23 discussion? All in favor of the motion, signify by raising 24 your right hand. 25 (The motion carried by unanimous vote.) 3-12-12 22 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. Okay, let's 4 go to Item 10; to consider, discuss, and take appropriate 5 action to approve Chapter 381 Local Government Code economic 6 development agreement with David K. LeMeilleur and Denise R. 7 LeMeilleur, and authorize County Judge to sign the same. 8 Mr. Henneke? 9 MR. HENNEKE: Thank you, gentlemen. This is the 10 LeMeilleur 381 agreement that Mr. Watson brought to the Court 11 a little time ago. The reason it's with Mr. and 12 Mrs. LeMeilleur instead of the corporate entity is, upon 13 further research, we learned that Mr. and Mrs. LeMeilleur own 14 the property and lease the property to their company. But as 15 this is a property tax agreement -- property tax abatement 16 agreement, my recommendation is that that be made to, of 17 course, the property tax payor. I've conferred with Denise 18 LeMeilleur. She's reviewed it, and any changes were minor, 19 and they -- you know, they agree with the substance and form 20 of the agreement. So, the other two that are pending, I'm 21 still waiting on legal descriptions of the properties, and as 22 soon as I have those, I'll bring those to you. 23 COMMISSIONER OVERBY: I will -- Judge, I will need 24 to recuse myself on the vote on this for conflict of 25 interest. My papers are in the courthouse, filed, 3-12-12 23 1 documented. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER OVERBY: Okay. 4 COMMISSIONER LETZ: It's just a standard -- I mean, 5 this is a -- I mean, I'm not that familiar with the 381 -- 6 MR. HENNEKE: I should have -- I should have 7 explained more. What the agreement is, is that beginning on 8 the January 1st following the issuance of their certificate 9 of occupancy, the -- under the standard economic development 10 agreement and criteria, the County is agreeing to rebate back 11 to them 50 percent of their property taxes the first year, 40 12 percent the second year, 30, 20, 10 over a five-year period. 13 I believe the projection that Mr. Watson had when he 14 presented it to the Court is that the total cost to the 15 County is approximately $6,500 over that five-year period. 16 COMMISSIONER OEHLER: It's what we've already said 17 we would do. 18 JUDGE TINLEY: Yeah. 19 COMMISSIONER OEHLER: This is just the 20 documentation -- this is the document that formalizes it? 21 MR. HENNEKE: Yes, sir. 22 COMMISSIONER OEHLER: I move approval. 23 COMMISSIONER LETZ: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval. Question or discussion? All in favor of the 3-12-12 24 1 motion, signify by raising your right hand. 2 (Commissioners Letz and Oehler voted in favor of the motion.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 6 JUDGE TINLEY: Inasmuch as we only have two votes, 7 and we have an absence today, the chair is going to vote in 8 favor of that to make sure that it affirmatively passes, as 9 opposed to there being a question about the quorum. Let's go 10 to Item 13, if we might; to consider, discuss, and take 11 appropriate action for assisting the Kerr County parks, that 12 being Flat Rock Lake Park, Center Point Lions Park, and 13 Ingram Lake Park, improvements for 2012. I'll turn it over 14 to Commissioner Overby. 15 COMMISSIONER OVERBY: Judge, again, it's that time 16 of the year, a few of these requests on here as we look at 17 our parks for the 2012 summer season and spring season here. 18 As you know, we've been doing some park enhancements down in 19 the Lions Park especially down in Center Point, the area, 20 doing some things that we've -- enhancement of the park as 21 far as parking is concerned, with having some poles put in 22 place that were donated and those type of items, and we're 23 now at the next phase of the project where we've been trying 24 to get donated materials, which we have in place now to help 25 with the rest of those enhancements. I do want to kind of -- 3-12-12 25 1 I've listed several of those items in -- in a number order 2 here for discussion and for approval. 3 Again, we had last year -- of course, my first year 4 coming on, we have placed the portable bathrooms in the parks 5 here for, I guess, a few years, but again, to go ahead and 6 put those portable bathrooms in our three parks; our Center 7 Point Lions Park, the Flat Rock Park, and, of course, Ingram 8 Park out at the Ingram Dam area. The Lions Park folks want 9 to actually put the bathrooms in at spring break this year. 10 We've been doing a lot of opportunities down there with -- 11 the folks have been really working hard and making sure that 12 park's been clean, and a lot of efforts, and one of those 13 comments was if we worked hard on that, we'd get the bathroom 14 in early at spring break, and we're going to do that, that 15 request there before you. Second thing was to replace any 16 trash receptacles at this time of year. That will be up to 17 Tim to go out, look around, and a few trash receptacles need 18 to be replaced. I know Tim has a few around. We'll need to 19 do this as well. 20 And the other one on here is the request for your 21 recommendations here for having the participation of Kerr 22 County Road and Bridge help us with the donation of some 23 transportation costs, and leveling some of the park projects 24 in the Center Point Lions Park. What we're doing in there, 25 where we put our poles down by the river area, we were making 3-12-12 26 1 them more of a -- a safety area around the banks of the river 2 down there, and so that we brought the poles back so that we 3 create a little green space, a little separation from the 4 river so the cars aren't parking right next to the river. 5 So, we have the poles in place that are there. What we're 6 doing with that designated area is, one-third of that area, 7 we need to request for Road and Bridge to come in and grade 8 out about 6 inches of that. We're going to be using some pea 9 gravel to come into place right there; that with that area 10 that's graded out, we're going to come in with a -- a picnic 11 table that we're going to put in as well in that area. 12 The other part of that two-thirds where we put the 13 poles at, I'm actually talking to somebody about having the 14 grass blown in that area at no expense as well. That's still 15 being discussed. But, again, we're trying to create a little 16 bit more enhancement of the park. With the park and gasoline 17 costs that we're going to look at potentially, which I hope 18 I'm dead wrong on, but as we get gas looking at $4 or $5 a 19 gallon, we really need to do more to help enhance some of our 20 parks, and that's one of the things that we're trying to do. 21 We've had some folks here wanting to donate materials to do 22 that, but my request here before you today is to authorize 23 Road and Bridge to help us with transportation of those 24 materials. If it costs us to have the donor donate the 25 transportation costs, it would be five and a quarter. If we 3-12-12 27 1 have Road and Bridge crew help us again, we could operate 2 that through our department here and have them deliver it, do 3 the grading, help us with those materials in there. 4 I also wanted to mention, just for clarity 5 purposes, last year the Court did bless about $800 for park 6 seating for benches and those type of things last year. I 7 did not move forward on that request because of these other 8 projects were still being discussed and we were trying to get 9 in place; I didn't want to really move forward with that as 10 well. But I also would request that at the same time, to -- 11 to authorize what we had passed last year. I'm also trying 12 to get a cost sharing on that bench to be down there at cost 13 for us, but to use that money that we approved last year that 14 we didn't spend to help with that part of the picnic table 15 area. So, again, a lot of good things that are happening 16 with the park, and again, today it's just a request for 17 permission for Road and Bridge, to authorize them to help 18 with us freight and deliver the materials, to grade that 19 particular area in the project -- in the grading area, 20 replace any trash receptacles that need to be redone, and put 21 the bathrooms in our parks for this year. I will say, the 22 price that we negotiated on our bathrooms this year was a 23 little bit cheaper than last year, so we're actually saving 24 some money this year, so I wanted to give that you report. 25 JUDGE TINLEY: Only cost items to the County that 3-12-12 28 1 you're talking about, other than in-kind -- for example, Road 2 and Bridge doing the hauling and the placement and grading 3 and so forth -- then would be the bathrooms, -- 4 COMMISSIONER OVERBY: The bathrooms, correct. 5 JUDGE TINLEY: -- and then the approval of $800 out 6 of this year's budget for benches? 7 COMMISSIONER OVERBY: That's correct, which we did 8 not authorize. I didn't -- we authorized it last year, but I 9 did not implement it, just because we were still in our 10 process where we'd get the projects moving forward. 11 JUDGE TINLEY: But that was last year's budget? 12 COMMISSIONER OVERBY: Last year, that's correct. 13 JUDGE TINLEY: That's gone. 14 COMMISSIONER OVERBY: That's gone, so we'd request 15 to authorize that for this year as well. 16 JUDGE TINLEY: And everything else you got donated, 17 all the materials? 18 COMMISSIONER OVERBY: We did. We did. And I also 19 want to say thanks to Martin Marietta for donating those 20 supplies. I know that they have been really trying to reach 21 out, and they've been doing a lot of things with the Center 22 Point Independent School District, but their efforts here 23 are -- working with the County have been very positive. And 24 they said that they would love to partner on other things 25 down the road, so I'm very appreciative of them donating the 3-12-12 29 1 materials on this project moving forward. 2 COMMISSIONER LETZ: So, they said they want to 3 partner and provide base for the new Ag Barn? 4 COMMISSIONER OVERBY: They didn't say that, but you 5 know what? I -- I would definitely try to pursue that 6 option. I sure would. 7 COMMISSIONER LETZ: Might get a special rate. 8 COMMISSIONER OVERBY: I'll be glad to -- to make 9 that request. 10 COMMISSIONER OEHLER: Only question, where's this 11 pea gravel you're proposing, where is it supposed to go? 12 COMMISSIONER OVERBY: It's going to be in that 13 one-third of the area down by the -- by the river, where we 14 created the pole area. It's about three-eighths of an inch, 15 three-eighths of pea gravel that we use down there. Now, we 16 all know that we're going to get floods, and we -- 17 COMMISSIONER OEHLER: It's all going to wash off. 18 COMMISSIONER OVERBY: -- and we all know it's going 19 to disappear; that's a given. Even though we haven't had a 20 flood since '02, '03, that's going to happen. But, again, we 21 need to fix the parks up. 22 COMMISSIONER OEHLER: Right. I don't disagree; I'm 23 just saying that pea gravel is going to definitely wash away, 24 where road base -- compacted road base is going to take 25 minimal damage. 3-12-12 30 1 COMMISSIONER OVERBY: Yeah. 2 COMMISSIONER OEHLER: And so that's my only 3 concern. 4 COMMISSIONER OVERBY: It's a very small area. 5 COMMISSIONER OEHLER: 'Cause it's also hard for 6 people in wheelchairs and things to get around in pea gravel. 7 COMMISSIONER OVERBY: Well, there will be some 8 other areas around where we'll have some steps area where 9 were having grass potentially blown in to where we can get 10 there. 11 COMMISSIONER OEHLER: Just -- question. I know how 12 hard that stuff is to walk in and how easy it washes away. 13 COMMISSIONER OVERBY: Yeah. And I'll tell you, 14 Leonard's not here right now. I just want to say, you know, 15 the Road and Bridge folks have done a wonderful job this 16 year. When I came in a year ago, it needed tons of grading. 17 He came in when they had something on their schedule 18 available, and I know the folks out there are very 19 appreciative of that. And, again, this is just trying to 20 maximize those efforts to get some things done for them. 21 COMMISSIONER OEHLER: Only thing that concerns me a 22 little bit, I guess, is the fact we don't -- we really don't 23 have it on the agenda about the $800 that we authorized last 24 year. That's really not -- I don't see it -- 25 COMMISSIONER OVERBY: Mm-hmm. 3-12-12 31 1 COMMISSIONER OEHLER: -- written in here, so I'm 2 not sure we can vote on that today. I don't mind doing it. 3 COMMISSIONER OVERBY: Yeah. I take that back. If 4 you feel like that's -- if it needs to be covered -- 5 COMMISSIONER OEHLER: Well, it's just not 6 requested on here. Is that the way you read it, Judge? Or 7 am I just -- 8 JUDGE TINLEY: Well, it says improvements for 2012, 9 and then it -- it proceeds to talk about the improvements 10 would include the following. I don't know necessarily that 11 that means excluding anything else. I'll defer to the -- to 12 the County Attorney on that. 13 MR. HENNEKE: I think there's sufficient notice on 14 this to give the public notice that we're discussing 15 improvements to the -- 16 COMMISSIONER OEHLER: I don't have a problem. I 17 just wanted to make sure we have authority. 18 COMMISSIONER OVERBY: I might be able to get it 19 less than that, is what I'm saying, but that's what we had 20 looked at. 21 COMMISSIONER LETZ: Okay. So, it was approved just 22 last year; we just didn't ever use it, but we're using this 23 year's budget money for -- 24 COMMISSIONER OVERBY: That's right. 25 JUDGE TINLEY: No, we're not going into last year's 3-12-12 32 1 budget. 2 COMMISSIONER OVERBY: Not going back. I'm just 3 saying we didn't use it last year because we didn't get 4 further ahead where we need to be. 5 COMMISSIONER LETZ: Okay, that's fine. 6 COMMISSIONER OVERBY: So, I just wanted to bring it 7 to your attention. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER OEHLER: For my part of what's on 10 here, just one port-a-potty is all that will be placed at 11 Ingram. We used to have two, but I gave up one last year so 12 he could have one, so we wouldn't spend too much money. 13 JUDGE TINLEY: Have we -- have we traditionally had 14 one down at Flat Rock? 15 COMMISSIONER OEHLER: Not that I know of. 16 COMMISSIONER OVERBY: We just had one last year. 17 COMMISSIONER OEHLER: Last year may have been the 18 first year. 19 JUDGE TINLEY: We did use one last year? 20 COMMISSIONER OVERBY: We did. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER OVERBY: We did. 23 JUDGE TINLEY: So, there will be a total of what, 24 three? 25 COMMISSIONER OVERBY: There will be three. 3-12-12 33 1 JUDGE TINLEY: One in each park. 2 COMMISSIONER OVERBY: That's correct. 3 JUDGE TINLEY: Okay. And I think I'm waiting on a 4 motion. 5 COMMISSIONER OVERBY: I'll make a motion, then, to 6 -- and if you say that it's for improvements that were 7 mentioned here in Item 1.13, for the port-a-bathrooms, for 8 replacing trash receptacles, for Road and Bridge to authorize 9 to do the grading improvements in phases that were requested, 10 and to transport the materials from Martin Marietta to the 11 project sites. 12 COMMISSIONER OEHLER: And Leonard's okay with that? 13 COMMISSIONER OVERBY: Yes. 14 COMMISSIONER OEHLER: I'll second. 15 JUDGE TINLEY: Did you include the $800? 16 COMMISSIONER OVERBY: And also include the 17 improvements to the picnic areas with $800 for picnic table 18 or seat that we put in there. 19 COMMISSIONER OEHLER: I'll second your motion. 20 JUDGE TINLEY: Okay. We have a motion and a second 21 as indicated. Any further question or discussion on that 22 motion? 23 COMMISSIONER LETZ: Only question, then we have 24 enough funds in the parks budget for Maintenance to handle 25 all these -- 3-12-12 34 1 COMMISSIONER OVERBY: Yes. That's why I try and 2 donate all the materials we can so we're not spending 3 anything. 4 JUDGE TINLEY: He's not bashful; he'll go ask for 5 it. Any other questions or comments? 6 COMMISSIONER OVERBY: No. 7 JUDGE TINLEY: All in favor of the motion, signify 8 by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. Let's go to 13 Item 14; to consider, discuss, take appropriate action on 14 reimbursing expenses incurred in the 2010-11 fiscal year by 15 the Hunt Volunteer Fire Department out of the 2011-12 budget. 16 Commissioner Oehler? 17 COMMISSIONER OEHLER: Well, I brought this up. Of 18 course, this was brought to us after the budget was approved, 19 and we realized that the Hunt Fire Department had not asked 20 for their money, and that's mainly because they had a change 21 in leadership. You know, I know this is tough. I talked 22 with the Auditor the other day to see where we could -- we 23 would find the money to pay it out of this year's budget, and 24 she says we can take it out of contingency, and we should 25 have enough. My thought -- 3-12-12 35 1 COMMISSIONER LETZ: How much? 2 COMMISSIONER OEHLER: It's 15,000. My concern is 3 that we had a contract with them. They fulfilled their 4 contract, except they just didn't ask for the money, and they 5 didn't realize. One thought the other one did it; it didn't 6 happen, and I would like to see us pay that. I would hope 7 that any of us would do that if it happened to anybody's 8 volunteer fire department, because they are -- we contract 9 with them. They did provide the service, and they did do a 10 lot of service last year. 11 JUDGE TINLEY: Well, they're obviously not 12 professional administrative or managerial people; they're 13 firefighters. 14 COMMISSIONER OEHLER: That's pretty accurate, 15 Judge. 16 JUDGE TINLEY: Yeah. 17 COMMISSIONER OVERBY: I know that they're -- 18 Commissioner Oehler, I know they were volunteer folks with, 19 you know, volunteer -- our fire department areas, but again, 20 I just have to -- you know, my question, again, is, you know, 21 last year I think you talked to them about the issue about 22 being on time. I know that we went around and discussed 23 around this table, again, about everybody else had everything 24 in. 25 COMMISSIONER OEHLER: Yeah. 3-12-12 36 1 COMMISSIONER OVERBY: And, again, this is the 2 second year that they've lagged behind with that, and I -- 3 COMMISSIONER OEHLER: This is a different fire 4 department. 5 COMMISSIONER OVERBY: Different fire department? 6 COMMISSIONER OEHLER: It was Mountain Home last 7 year. 8 COMMISSIONER OVERBY: I thought it was Hunt. Okay. 9 So, it's Hunt's first time, then. 10 COMMISSIONER OEHLER: This is Hunt's first time. 11 COMMISSIONER OVERBY: Okay. Well, we can encourage 12 them to -- 13 COMMISSIONER OEHLER: That won't happen again. 14 COMMISSIONER OVERBY: So, Mountain Home is doing 15 better now? 16 COMMISSIONER OEHLER: Mountain Home got theirs in. 17 Everybody did except Hunt, and that was an oversight on 18 the -- on their part. 19 JUDGE TINLEY: Well, I think -- 20 COMMISSIONER OVERBY: I'm good with that. 21 JUDGE TINLEY: -- that's probably another reason, 22 based upon our prior action being to Mountain Home 23 department, why, I -- I think to be consistent, we need to 24 work with the folks there at Hunt. 25 COMMISSIONER OVERBY: Yeah. 3-12-12 37 1 COMMISSIONER OEHLER: Well, I agree. I'll move 2 that we approve payment to the Hunt Volunteer Fire 3 Department, $15,000 to reimburse expenses from 2010 and '11. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: Motion made and seconded as 6 indicated. Any further question or discussion on that 7 motion? All in favor, signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion does carry. 12 COMMISSIONER OEHLER: Thank you. Hunt thanks you 13 too. 14 JUDGE TINLEY: Let's go to item 15; to consider, 15 discuss, and take appropriate action to approve a resubmittal 16 of CWSRF application for the 2012 application period 17 concerning the East Kerr County wastewater project, authorize 18 Commissioner Letz to sign the same. Commissioner Letz? 19 COMMISSIONER LETZ: This is kind of a cleanup 20 agenda item. I think I had authority, based on a prior -- 21 kind of a general court order, to handle some of these 22 submittals and things. And it was kind of short notice; I 23 went ahead and signed that. I wanted the Court to be aware 24 of it. And the -- you know, we can always pull the 25 application if the Court didn't -- but the reason is, we're 3-12-12 38 1 on, I think, the April -- scheduled to be on the April Water 2 Development Board's board meeting to approve the one we have 3 pending. But if, for some reason, they didn't approve that, 4 that sets us up to be in line for next year; just kind of a 5 protection, resubmittal. I'll make a motion to develop -- I 6 make a motion that we approve the agenda item. 7 COMMISSIONER OVERBY: I'll second that. 8 JUDGE TINLEY: Motion made and seconded. Question 9 or discussion? This is a backup position, as it were? 10 COMMISSIONER LETZ: A backup position, same thing 11 as already submitted. 12 JUDGE TINLEY: Okay. Any further question or 13 discussion on the motion? All in favor of that motion, 14 signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. Let's go to 19 Item 16; to consider, discuss, take appropriate action to 20 approve aerial survey for the East Kerr County wastewater 21 project area covering the EDAP and CWSRF project areas. 22 Commissioner Letz again. 23 COMMISSIONER LETZ: This is on the agenda -- we 24 visited with Tetra Tech, Keller Drozdick out there. Part of 25 the planning is an aerial -- a detailed aerial survey of the 3-12-12 39 1 project area, and you need to do that before there's leaves 2 on trees. And we were -- to not delay the project by about 3 nine months, it's on the agenda to authorize the aerial 4 survey immediately. We still have enough time to do it. 5 Actually, it's a great time, because the live oaks are losing 6 their leaves. And the only, I guess, risk is here that I 7 think this is a reimbursable fund, but the grants have not 8 been approved. But we're moving forward on the EDAP grant; 9 looks like it's on track to be approved, and hopefully the 10 Clean Water as well. But to move forward on any of them, 11 we're going to have to have the survey done. So -- 12 COMMISSIONER OEHLER: How much do you reckon it's 13 going to cost? 14 COMMISSIONER LETZ: $31,000. We've got a quote for 15 it. Tetra Tech wanted to do a few other things at the same 16 time, and I said no. We said no, you need to -- this is 17 something that's critical. The rest of it can wait till 18 final approval. There is a risk that if we don't get any of 19 these things off the ground, this will be a little bit 20 unnecessary, but I -- from everything I can tell, we're going 21 to get funding somewhere from some of these, and we can't 22 move forward without it. 23 COMMISSIONER OVERBY: It's at the -- right now, 24 this time of year, this is the time to do this, or we'll just 25 get delayed another year -- or 9 to 10 months, as 3-12-12 40 1 Commissioner Letz talked about. I think also Keller, through 2 Tetra Tech, has identified -- as Commissioner Letz said, 3 can't discuss it here, but there's some other steps that we 4 can also expedite the project in itself that we can follow up 5 as we move forward. But this is -- this is something that 6 needs to happen fairly -- relatively quick, before the growth 7 of the spring season comes. So, if you're making a -- 8 COMMISSIONER LETZ: Make a motion for approval of 9 the agenda item. Ms. Auditor, can you help me? Where do 10 these funds come from right now until they're reimbursable? 11 MS. HARGIS: We're going to show them as due on 12 that grant. We'll take them out of other committed capital 13 money for right now. 14 COMMISSIONER LETZ: Okay. 15 COMMISSIONER OVERBY: I'll second that. 16 JUDGE TINLEY: Motion made and seconded as 17 indicated. Any further question or discussion on the motion? 18 All in favor of the motion, signify by raising your right 19 hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion does carry. Let's move to 24 Item 17; to consider, discuss, and take appropriate action 25 for implementing and planning a mandatory hookup policy for 3-12-12 41 1 the East Kerr County wastewater project. Commissioner Letz? 2 COMMISSIONER LETZ: On these -- both the EDAP and 3 the Clean Water Act, at some point we're going to need a 4 mandatory hookup policy. We haven't really discussed this, 5 other than knowing that we were going to be there. I 6 remember it being a -- we talked about it years ago, and it's 7 on the agenda right now just to start moving forward on it. 8 And the agenda item really is a request for the County 9 Attorney to look at how we do that. We've never -- we don't 10 have a policy in place right now as to what the -- you know, 11 we'll probably work with Tetra Tech, or -- either that or 12 Lloyd Gosselink, probably, outside counsel on this, to get 13 moving on this. And that's -- I'll just make a motion to 14 authorize the County Attorney to look into a mandatory hookup 15 policy for the East Kerr County wastewater project area. 16 COMMISSIONER OVERBY: I'll second that. 17 JUDGE TINLEY: We have -- we have a motion and a 18 second. Question or discussion? Does -- does our putting 19 such a policy in place at an early stage give us any 20 particular benefit as we go forward on trying to secure 21 funding for this project? 22 COMMISSIONER LETZ: Yes. It's probably a 23 requirement -- 24 JUDGE TINLEY: Okay. 25 COMMISSIONER LETZ: -- that we at least start 3-12-12 42 1 looking at it; we don't have to have the policy in place. 2 And we can defer on implementing the policy till we're a 3 little bit firmer on the funding, but we have to have a -- 4 it's a requirement going down the road, looking at this, and 5 set up how to implement such a policy if we do get the 6 funding. 7 JUDGE TINLEY: Well, looking down the road for 8 funding the County may place in furtherance of its project, 9 there's a distinct possibility those would be revenue bonds, 10 which, of course, would -- would require mandatory hookup in 11 order to amortize the bonds. So, I think we got to have all 12 of our options on the table. And if it'll -- certainly, if 13 it'll benefit us, the earlier we have that in place with our 14 funding options, I think we need to move forward on it to 15 have that -- have that duck in the row, as it were. 16 COMMISSIONER LETZ: Yeah. This actually came up in 17 a meeting we had with Tetra Tech. This is a requirement that 18 we need to get moving on. 19 JUDGE TINLEY: Okay. Any other questions or 20 comments? All in favor of the motion, signify by raising 21 your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. Let's go 3-12-12 43 1 ahead and get out of the way our items under Sections 4 and 2 5. Item 4, payment of the bills. 3 COMMISSIONER LETZ: Judge, I move we pay the bills. 4 JUDGE TINLEY: I have a motion. Do I hear a 5 second? 6 COMMISSIONER OEHLER: Second. 7 JUDGE TINLEY: Motion made and seconded to pay the 8 bills. Question or comments? On Page 4, right at the middle 9 of the page, under the Sheriff's Department, we're paying 10 Family Practice for applicant physicals out of uniforms? 11 SHERIFF HIERHOLZER: What the deal is, we changed 12 doctors this year on giving new employees a physical, drug 13 screen, stress test, and 'cause we were having a hard time 14 getting the new applicants in where we were. And, 15 unfortunately, the cost has gone up just a little bit in 16 doing that and in changing that. I do have funding left over 17 in my uniform line item that we're switching over to that -- 18 JUDGE TINLEY: Okay. 19 SHERIFF HIERHOLZER: -- to pay those -- that extra 20 cost. 21 MS. HARGIS: We'll do an amendment. 22 SHERIFF HIERHOLZER: That's all it is, or should 23 be. 24 MS. HARGIS: We're just making a budget amendment 25 here to do that. 3-12-12 44 1 JUDGE TINLEY: But the funds will be transferred 2 over to uniforms into the appropriate line item, and then 3 paid? 4 SHERIFF HIERHOLZER: Correct. 5 JUDGE TINLEY: Okay. Okay. Any other questions or 6 comments? All in favor of that motion, signify by raising 7 your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: That motion carries. Any budget 12 amendments? 13 MS. HARGIS: No. 14 JUDGE TINLEY: Late bills? 15 MS. HARGIS: No. 16 JUDGE TINLEY: I have been presented with monthly 17 reports from the County Clerk for February 2012; Constable, 18 Precinct 4, February 2012; Justice of the Peace, Precinct 3, 19 February 2012; Road and Bridge, January 2012; and 20 Environmental Health, February 2012, and Justice of the 21 Peace, Precinct 2, February 2012. Do I hear a motion that 22 the indicated reports be approved as presented? 23 COMMISSIONER OVERBY: Motion made. 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: Motion made and seconded as 3-12-12 45 1 indicated. Question or discussion? All in favor of the 2 motion, signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: Motion does carry. Let's go to Item 7 5, reports from Commissioners in connection with their 8 committee or liaison assignments. Commissioner Letz? 9 COMMISSIONER LETZ: Probably the only thing, 10 really, is that I've been working with U.G.R.A. on future 11 water needs quite a bit, had some meetings with them. I have 12 a pending meeting with -- in April with Guadalupe-Blanco 13 River Authority, Kendall County representatives, Headwaters, 14 Cow Creek, Kendall County Water Improvement District, and 15 kind of looking at a regional -- pretty much from Kerrville 16 into certainly the western part of Kendall County, if there's 17 some things that can be done. And, largely, we're looking at 18 using ASR and also treated water. That is very difficult, 19 because of the populations, for any one of these entities to 20 work by themselves, and if you can do a larger regional 21 project, it helps -- it looks good. We're also visiting with 22 City of Kerrville on some options there as well, so we're 23 looking at a lot of things with kind of water, long-term. 24 U.G.R.A. had a meeting the other day that I attended to look 25 at their permit they have -- share with the City of 3-12-12 46 1 Kerrville, to better use that permit. So, lots of things on 2 the table on the water front. We're getting a little bit of 3 rain right now, which is nice, but we anticipate shortages 4 again in the future. 5 JUDGE TINLEY: Commissioner, there's approximately 6 3,000 acre feet that U.G.R.A. has allocated to it, as I 7 recall? 8 COMMISSIONER LETZ: 2,000. 9 JUDGE TINLEY: 2,000? Okay. And there really 10 hasn't been utilization of that. 11 COMMISSIONER LETZ: They haven't used it at all, 12 and that's one of their -- their part is really trying to 13 figure it out. That water, 2000 acre feet is just flying 14 down to the gulf right now, or actually going into Canyon 15 Lake, then getting reallocated by G.B.R.A. They're just 16 trying to figure out a way to get it used. It's just -- it's 17 really a tricky thing with the way the permit's worded. 18 They're trying to do an amendment to that permit right now, 19 an administrative amendment, trying to -- they don't want to 20 open the whole permit up again, but they're -- and a lot -- I 21 guess a lot of light was shed by Charlie Hastings with City 22 of Kerrville. They share the permit. Basically, that 23 permit's been thrown out the window from a use standpoint for 24 the past year or so. The Watermaster just pretty much 25 ignores it and says how much water you're going to get, and 3-12-12 47 1 so the permit's just kind of an interesting thing. You have 2 to -- the permit says how much water, but when the flows get 3 low, even though there's wording in the permit about that, 4 the Watermaster trumps it and says how much you're going to 5 get. So, that enters into -- I guess they can set -- in 6 emergency situations, evidently, the Watermaster can set 7 aside all permits. 8 JUDGE TINLEY: And the Watermaster's definition of 9 "emergency" may be a little bit different. It's based on 10 need, as I understand it. 11 COMMISSIONER LETZ: So, that's -- that adds a lot 12 of mix into it. And there's a question exactly U.G.R.A.'s 13 portion of that permit. I mean, is it a -- how does their 14 portion interact with the City's portion? I mean, is it like 15 you can take -- say the Watermaster says you can take, you 16 know, 500 acre-feet. Would it be split -- you know, maybe 17 the City's getting 500, and maybe it's split into 250/250. 18 There's lots of questions on those permits. But U.G.R.A. 19 is -- is doing, in my mind, the right thing, trying to figure 20 out how to use that water, whether it goes to the city of 21 Kerrville or whether it goes to the county, and that's the 22 administrative change they're working on right now, is to 23 allow the water to be used right now in the city of 24 Kerrville. Right now it's prohibited from going into the 25 city of Kerrville. They're just trying to figure out how to 3-12-12 48 1 make it work. Also, looking back with them bringing G.B.R.A. 2 into the mix on the 6,000 acre feet the county has set aside 3 out of Canyon Lake, a prior deal we made with G.B.R.A., which 4 is a way we can integrate that into the whole process. So, 5 it's quite complicated. 6 JUDGE TINLEY: Better to take it as it goes by 7 rather than go down there and get it back. 8 COMMISSIONER LETZ: Right. They're looking at that 9 and looking at possibilities of some small off-channel 10 reservoirs. Pretty much everything is on the table as to how 11 we improve capturing the water when it's here on the surface, 12 and then continuing to use ASR, and hopefully expanding ASR. 13 JUDGE TINLEY: What's the -- do you happen to know 14 the capacity of the various ASR reservoirs? 15 COMMISSIONER LETZ: I don't know the capacity 16 there. I don't know if there is really capacity, but the 17 limiting factor is the treatment capacity of the city, and 18 they can treat up to six million gallons a day, I believe, 19 and inject it into the A.S.R. You know, it's hard for me to 20 under -- well, they think they can get back about -- I think 21 85 percent of the water they recapture, they put back in, 22 which is a very high percentage compared to an off-channel 23 reservoir. And even if they don't truly recapture the water 24 they're putting down there, the water's going into the 25 aquifer, so it's benefiting the aquifer. It's going 3-12-12 49 1 somewhere. But it's a -- so, I mean, A.S.R. is the -- 2 long-term storage capacity is the way to go, looks like. But 3 the problem is, how do you -- like right now -- right now, 4 there's actually -- the City's taking about a million gallons 5 a day, but for up until end of the year, I believe, they were 6 limited to, I want to say, 250,000 gallons a day. 7 JUDGE TINLEY: Mm-hmm. 8 COMMISSIONER LETZ: It was, I mean, such a small 9 amount. They had the -- the six million capacity to treat, 10 and they're only getting 250,000 because of the flow of the 11 river. So, there's got -- what we're looking at, really, is 12 there some way that we can, through small off-channel 13 reservoirs or something, capture the water at high flow 14 period and then use it in A.S.R. systems when they can get 15 cut back on their take out of the river. 16 COMMISSIONER OEHLER: Seems to me like that could 17 happen. Some of those pits down there, if you can line them 18 where they'd actually hold water. 19 COMMISSIONER LETZ: Yeah, we're evaluating that. 20 Also looking at the -- 21 COMMISSIONER OEHLER: The rise and flow, and 22 then -- 23 COMMISSIONER LETZ: The only -- and that gets back 24 into more of a regional project more on the eastern part of 25 the county, because the pits are all downstream from the 3-12-12 50 1 treatment plant. 2 JUDGE TINLEY: Mm-hmm. 3 COMMISSIONER LETZ: So, it's -- it appears to be -- 4 it would be better if you can figure out how to put an 5 off-channel reservoir upstream; then you could release the 6 water, you know, as you need it a little bit easier. But, 7 you know, one of the members at the last meeting I was at had 8 an interesting concept. If we did use the pits, what would 9 the Watermaster let -- you know, for example, take a million 10 gallons extra upstream; if we release a million just below 11 the treatment plant, but down in the Center Point area, just 12 kind of have a little void in the middle where there would be 13 a little bit less water. 14 JUDGE TINLEY: Placement theory. 15 COMMISSIONER LETZ: So, anyway, that's what we've 16 been working on, water. 17 JUDGE TINLEY: I see. 18 COMMISSIONER OVERBY: It's a big deal. 19 COMMISSIONER LETZ: It's a big -- 20 JUDGE TINLEY: My understanding is that folks down 21 in Bandera are pleased when we do our A.S.R. input; they seem 22 to be happy with that. 23 COMMISSIONER LETZ: Yeah, that's where -- if we 24 don't pick it up, that's where it goes. 25 JUDGE TINLEY: Their levels rise. Okay. Anything 3-12-12 51 1 else, Commissioner Letz? 2 COMMISSIONER LETZ: No. 3 JUDGE TINLEY: Commissioner Oehler? 4 COMMISSIONER OEHLER: Well, Letz and I and Rob met 5 with the City of Kerrville last week, and regarding the Ag 6 Barn or show barn, the exhibit hall project, and it seems to 7 have gone very well. They're not advocating any -- any 8 things that they're going to demand that we do. I think 9 we've pretty well put to bed the issue on wastewater, and I 10 believe water as well. One, we're not going to be utilizing 11 as much city water if we do a rainwater cachement capture, 12 and we're also not going to be putting as much as wastewater 13 in their line, because we're not going to have the rain 14 runoff from those buildings any more. So, they seem to be 15 pleased, and they were very cordial. Probably the very best 16 meeting that I've ever attended -- 17 COMMISSIONER OVERBY: That's good. 18 JUDGE TINLEY: Good. 19 COMMISSIONER OEHLER: -- with City of Kerrville. 20 COMMISSIONER OVERBY: Good. 21 COMMISSIONER OEHLER: So, I think we're ready to 22 move on. 23 JUDGE TINLEY: Good. Anything else? 24 COMMISSIONER OEHLER: That's it. 25 JUDGE TINLEY: Commissioner Overby? 3-12-12 52 1 COMMISSIONER OVERBY: Judge, just briefly, again, 2 Commissioner Letz and I will be attending the Texas Water 3 Development Board meeting on the second phase of that east 4 Kerr County project on the 19th of April. Camp C.A.M.P. 5 project's moving along; they're going to be having that large 6 aquatic facility that's going to be built and open up in May. 7 Real excited about that as it's moving forward. And one 8 other thing I want to just bring attention, and I mentioned 9 this to Commissioner Oehler earlier this morning. Last week, 10 I had the opportunity as we talked about training and welding 11 that we're using out at the airport facility, but the other 12 aspect of our training part for our welding training is 13 getting our schools involved in their programs. This last 14 week, I visited -- had the opportunity, at the request of 15 Cody Newcomb, who is our superintendent at Center Point 16 Independent School District, had an opportunity to bring 17 Nathan Fox out to Center Point Independent School District 18 and meet with Mr. Hopper, who is our welding trainer out at 19 the training and our teacher out at Center Point. 20 Center Point has 72 folks in the vocational program 21 in Center Point, and they have an excellent welding program. 22 And they have been recognized county and statewide for some 23 of the projects that our students have done out there, and 24 have been awarded on several things. Had the opportunity to 25 visit with the school, and so that the training and the 3-12-12 53 1 teaching of the different types of welding skills that need 2 to be taught is a great opportunity in our school systems to 3 start that training. It's just really great to see Center 4 Point have a great welding program that's in place, the 5 opportunity to be a future pipeline for kids. Not 6 everybody's going to go to college, and an opportunity to 7 have a skill, to come out, to get a job, to get in is very 8 attractive to folks. I talked with Commissioner Oehler about 9 visiting, following up with Ingram ISD, with their welding 10 program and superintendent as well, and we'd like to 11 encourage Kerrville, that they get a welding program started. 12 But this is an excellent opportunity for -- for 13 folks that want a job, that can come out, stay in Kerr 14 County, make a liveable wage, and this is a great opportunity 15 to teach them a skill while they're in high school, and have 16 four years of that training. And, again, I also want to note 17 that it's not the training just for Fox Tank; it's for 18 Frontier Truck Gear and many other opportunities. There's a 19 lot of opportunities, and we need to get those skills and 20 those classes, make sure our schools are being implemented in 21 our public schools. So, it was a good, good meeting, and we 22 look forward to continuing to develop that relationship 23 long-term. That's it. 24 JUDGE TINLEY: Okay. Okay, we'll come back to 25 Section 5. Let's get back to our agenda, since we passed 10 3-12-12 54 1 o'clock, and let's go to Item 8 first, if we might, to 2 consider, discuss, take appropriate action to accept the 3 external audit report from Keith Neffendorf of Neffendorf, 4 Knopp, Horry, Doss and Company, certified public accountants, 5 of the audit for fiscal year 2010-11. Mr. Neffendorf? 6 MR. NEFFENDORF: I hope y'all got an electronic 7 version of this. 8 COMMISSIONER OEHLER: We did. 9 MR. NEFFENDORF: We do have capabilities now, if 10 you ever get to -- everybody has their own computer, we can 11 actually -- I've had some governments that have it actually 12 on computers on their city council or commissioners court 13 where we can actually put them in an electronic version. 14 And, anyway, if y'all need some -- on the water business, if 15 y'all need some space to go, we'd like to build a reservoir 16 over at our area; you could pipe it over there. (Laughter.) 17 Since we have no surface water. Anyway, with daylight 18 savings time and spring break this week, the allergies have 19 set upon me, so I apologize in advance if I get a coughing 20 spell, which we just have to ride it out. The rain is good, 21 but this mold is killing my allergies. 22 COMMISSIONER OVERBY: Oak. 23 MR. NEFFENDORF: Or something. I think it's oak 24 mold or something. Anyway, like -- as a brief preface to the 25 audit, this was another good audit. And, of course, as you 3-12-12 55 1 recall, we're still complying with GASB 34, so we do the two 2 sets of financial statements. One set is just like y'all see 3 for all your budgeting and setting of the tax rate, and the 4 second set's where we convert to the GASB 34 model, where we 5 pick up all your fixed assets, depreciation on those fixed 6 assets, and the related long-term debt. And then there's a 7 conversion that the Auditor gets to do to convert from the 8 governmental to the GASB 34. And we have those items that 9 are used in that reconciliation in the report. I'll go over 10 those briefly. And, as usual, what I do is I go through it, 11 hit the high points. If you have any questions, you stop and 12 ask me, or later if you have some questions, just give me a 13 call. Actually, Jeannie should be doing this, so -- no. 14 And also, you remember the other item that was new 15 this year, GASB 54, the fund balance policy. Y'all had 16 adopted the policy for -- to align up your funds in 17 accordance with that statement. The one thing that it did 18 change a little bit, that there were some special revenue 19 funds that we had to, you know, reclassify and report in your 20 general fund. And if you decide that you want to keep them 21 in a special revenue fund under that GASB 54 policy, all you 22 have to do is, the Court can adopt the resolution and set 23 those up, the special revenue funds, on a committed basis if 24 you want to. So, that's something Jeannie can help y'all 25 with as you go through the budget process. Some counties 3-12-12 56 1 have wanted to keep their special revenue funds as special 2 revenue funds. As you recall, briefly, the bulk of the 3 special revenue funds are special revenue funds because 4 they're legally restricted by law, the funding sources. But 5 then there are some of them that are not legally restricted, 6 and therefore the Commissioners Court has to, by the fund 7 balance policy, commit those. So, if you want to keep them 8 as special revenue funds, we can sure get that done. 9 Anyway, the audit report itself, after the index on 10 Page 1 -- and, remember, the whole purpose of the audit, we, 11 as an independent third party, come in and we perform the 12 audit for the county. We go through and do a lot of test 13 procedures, invoices, receipts, confirmations. We look at a 14 lot of stuff, bother a lot of people. And the whole 15 culmination of that process is this year, the independent 16 auditor's report just states we have made an audit of the 17 financial statements of Kerr County as of and for the year 18 ended September 30, 2011, and the third paragraph there, we 19 stay, "In our opinion, the financial statement referred to 20 above presents fairly the financial position of the county as 21 of September 30, 2011, and the changes in financial position 22 for the year then ended." This is the standard auditor's 23 clean opinion letter, unqualified opinion, what everybody 24 strives for, best you can get. 25 Pages 3 through 8 is management discussion and 3-12-12 57 1 analysis. That's labeled "unaudited." That's a requirement 2 of GASB 34, but we're not required to audit it. What it is, 3 it just gives condensed financial statements and a 4 narrative -- brief narrative summary of financial highlights. 5 It is real good for your readers. I've been told they can 6 get a lot more out of those five pages than the 30-something 7 that follow. But, anyway, I do my own highlights. Page 10, 8 statement of net assets. This is the equivalent to a balance 9 sheet for the county as a whole, and it's done on the GASB 34 10 basis, where it includes all your fixed assets and 11 depreciation, and then also the long-term debt. And you can 12 see at the end of the year, the County had assets of 13 60,467,000, liabilities of 8,076,000, and net assets, the 14 equivalent of a stockholder's equity, retained earnings of 52 15 million. So, it's a real good, strong financial position. 16 Actually, comparing this one to last year, there isn't much 17 change, other than depreciation on the fixed assets and the 18 reduction of the payment of long-term debt. The net assets 19 stayed about the same. 20 Pages 11 and 12, statement of activities. This is 21 the equivalent of an income statement for the county. It's 22 done in a format required by GASB 34. That way, it looks a 23 little bit different, but it comes up with the same bottom 24 line. The first column, expenses there by those functions, 25 including depreciation, so the County's expenses last year 3-12-12 58 1 under GASB 34 are 24,625,000. Subtract off your charges for 2 services -- these are all the fees and fines collected, 3 operating grants and capital grants -- and come up with a net 4 expense. Then at the bottom, it shows how they're financed. 5 Property taxes for general and debt service purposes, sales 6 tax. So, the net change or net income for the county last 7 year was $8,987. 8 Pages 13 and 14 are the governmental funds balance 9 sheet. General fund last year had a fund balance of 10 3,268,000. Then you had your Road and Bridge fund balance, 11 312,000. Capital projects, 1,048,000, and then all your 12 other funds; these are your special revenue funds, debt 13 service funds, 765,000. Total, on the governmental basis, 14 the county had assets of 7,061,000; liabilities of 1,665,000. 15 Net fund balance of 5,396,000. Actually, the general fund 16 came up a little bit from last year. If you take that 17 5,396,000 fund balance, this is how we convert to GASB 34. 18 Add back your capital assets to net book value; add back your 19 current year capital outlays and long-term debt principal 20 payments, 1,841,000. Subtract your depreciation expense, 21 2,092,000. Record the equity in the airport joint venture, 22 8,243,000, and you have your other reclassifications, 23 eliminations from adjustments for the modified accrual to the 24 accrual basis; has to do mainly with taxes and fines 25 receivable. Come up with net assets under GASB 34 of 3-12-12 59 1 52 million. 2 16 and 17 are the governmental basis revenues and 3 expenditures. You can see actually last year, the general 4 fund had a good year; had an excess of revenues over 5 expenditures of 1.4 million. Road and Bridge, 127,000. Of 6 course, the capital projects fund had a deficit, 'cause you 7 spent the money, used it for some projects. 903,000, and the 8 other funds had 33,000. So, overall, last year the county 9 had 25 million in revenue, 24 million in expenses, and had 10 696,000 excess. So, it was a good year. I think the next 11 page, the excess 696,357 -- once again, this is how we 12 reconcile governmental to GASB. Add back current year 13 capital outlay and long-term debt principal payments, 14 1.8 million; subtract depreciation expense, 2 million. Add 15 your net income from the airport joint venture, 940,000, and 16 your reclassifications for modified accrual to accrual; come 17 up with your net change under GASB 34, 8,987. 18 19 is just a summary of the trust funds and the 19 agency funds showing the balances at the end of the year, a 20 little over 2 million. The notes starting on Page 20 are 21 additional disclosure required by generally accepted 22 accounting principles. The first part of the notes are just 23 the use of fund statements and the conversion to GASB 34, 24 which I've already gone over. The first note I need to point 25 out starts over on Page 27. The county is required to comply 3-12-12 60 1 with the Public Funds Investment Act, and at the end of the 2 year, all your deposits were secured by FDIC coverage and 3 pledged securities. And then on the next page, 28, it shows 4 your investments with your various C.D.'s, and your 5 investments in local government pools. And those all were 6 either covered by pledged securities or FDIC coverage, or the 7 local government pools have built in safeguards that, even 8 though they're not covered by FDIC or pledged securities, 9 they are in accordance with the Public Funds Investment Act, 10 and therefore, all your investments are in compliance with 11 the Public Funds Investment Act. The other notes are 12 standard disclosures, additional amounts that I've basically 13 gone over. 14 Page 30 just gives a summary of -- 3D gives a 15 summary, changes in capital assets and the accumulated 16 depreciation accounts. And, likewise, starting on Page 31 is 17 the long-term liability, showing last year that you paid the 18 1.3 million off of your tax notes and capital lease 19 applications, and reduced the long-term portion to 20 6.2 million. And it gives a summary, then, of those various 21 notes and the balances that are due in the next year, in the 22 upcoming years. Page 33 is the retirement system notes 23 provided to us by the Texas County and District Retirement 24 System, and that is over on Page 34 of that. It shows under 25 the annual pension cost last year, the county's pension costs 3-12-12 61 1 for that Texas County and District Retirement System was 2 1,341,000. And at the bottom of the page, it shows a summary 3 of the years, how that cost has increased over the years. 4 And on the top of next page, it shows last year, 5 the actuarial valuation for y'all's county, the actuarial 6 valuation date 12-31-2010. Ad valorem assets, 26 million; 7 liability of 31 million; unfunded, 5 million. Your funded 8 ratio was right at 84 percent, and that's what we find is 9 pretty common, in that range, 80 to 85 percent. They took a 10 dip there a couple years ago with their investments when the 11 market crashed, and everybody's has dropped since then, but 12 it's slowly coming back up. 3H, this is the airport joint 13 venture. The financial statements, condensed financial 14 statements for that joint venture. Like I said, they're 15 already included in y'all's assets and income statement. And 16 the other notes are pretty much just further details. 17 Page 37, 3M is the OPEB, post-employment benefits 18 other than pension benefits, and that shows on Page 38 what 19 the obligation is under that. Obligations, 574,912 at the 20 end of the year. As you recall, that's just an accounting. 21 You're not -- you're not funding that; therefore, it's zero 22 percent funded. It's just recognizing the liability in the 23 financial statements. And the other notes are pretty much 24 the same. The other items I need to cover are on Page 41; 25 shows compliance to the budget for the general fund. 3-12-12 62 1 Revenues, your budgeted amount was 19,969,000. You actually 2 collected 20 million, so you had a positive variance of 3 127,000. Your expenditures, you budgeted 19.9 million, spent 4 18.6, so you had a positive variance of 1.2 million. So, 5 overall, you had a favorable variance; planned deficit came 6 out to $1.4 million favorable variance. Road and Bridge 7 revenues were less than budgeted by 200,000. Expenditures 8 were under budget by 100,000, so you had planned a net 9 positive 248, and it only was 127,000, so you're unfavorable 10 by 121,000, but you were still underneath the budgeted 11 amount. 12 Page 43, the changes in the funding progress, and 13 as you can see, that's the schedule over the years, how that 14 funded ratio has gone -- it was up around 85 percent, and 15 then in the crash of '08, it dropped down. Now it's come 16 back a little bit. Page 44 is just this OPEB -- same way, 17 the liability there for the other pension benefits. The 18 supplementary statements 45, 46 and on, are -- just give the 19 breakdown by those special revenue funds; the assets, 20 liabilities, and fund equity. And likewise starting on Page 21 53, the revenues and expenditures for each one of those 22 funds. Page 57 just gives the agency funds and summary of 23 the balances; the additions, deductions, and ending balance. 24 And then in the back, you have two sections. The 25 first section is the county was subject to the Single Audit 3-12-12 63 1 Act, and there, we had to do these reports to comply with 2 that act. The first one -- first letter is internal control 3 and compliance with laws, contracts, and grants. And we 4 found no weaknesses in internal control, and we noted no 5 instances of noncompliance with laws, contracts, and grants. 6 The other letter -- the next letter has to deal with the 7 Single Audit Act, and it's the same thing; we found no 8 instances of noncompliance, and that the internal control had 9 no major weaknesses. Next page shows a summary of the 10 findings and questioned costs. There were no questioned 11 costs. And y'all's two biggest items were the Texas 12 Community Development Block Grants for the sewer projects, 13 and they're shown on -- that last page shows a schedule of 14 expenditures of federal awards, shows the program and then 15 the amount spent. Of course, the sewer project had 444,000, 16 577 received. And the next page shows the Kerr County 17 Airport Board's -- last year, y'all's half of that grant that 18 they received was a little over a million dollars. 19 And, finally, the last letter should be another -- 20 it's the letter we, as auditors, are required to communicate 21 these items to the governing body, which is y'all, the Judge 22 and Commissioners. These following items, what our 23 responsibility is under U.S. generally accepted auditing 24 standards. Significant auditing findings, there were none. 25 There were no difficulties encountered in performing the 3-12-12 64 1 audit, no corrected or uncorrected misstatements, no 2 disagreements with management. And of course, we always have 3 a few recommendations for improvement, and we note those down 4 there; the recording the prior-period adjustment, recording 5 of transfers in, transfers out. Y'all have already corrected 6 those items. And the control procedures for the purchasing 7 and disbursements. And then the County and District Clerks, 8 they have some trust accounts for the benefits of others, and 9 we just recommend that they keep a log or listing of those 10 accounts and update it annually. And, as usual, we always 11 appreciate the cooperation of Jeannie and the Auditor's staff 12 and all the various offices that we visit and bother. That's 13 basically it. Of course -- 14 JUDGE TINLEY: While it's not necessarily that 15 relevant for government purposes, our asset to long-term debt 16 ratio, about 10 to 1, is it not? 17 MR. NEFFENDORF: Right, mm-hmm. Yeah, it's 18 excellent. Most businesses would love to be in y'all's -- 19 JUDGE TINLEY: Yeah. Pretty healthy, isn't it? 20 MR. NEFFENDORF: Right, yeah. And if I -- if you 21 let me, for one minute, get on the bandwagon, I know this has 22 come up before, but I'd like to reapproach this there, just 23 general information. Y'all's county, and most counties in 24 this area, y'all are 65 percent funded by property taxes, and 25 11 percent funded by sales tax, okay? If you look -- if you 3-12-12 65 1 realize, we looked; last year y'all sent in $400,000 to State 2 of Texas on fees, just fees and fines that y'all collect. 3 You sent in over $5 million in sales tax on automobile 4 collections. You sent in another 2.5 million to the state in 5 auto registration. So, my -- my point is, I'm giving this 6 out because I think there should be some way y'all should be 7 able to keep a little more of that money. Y'all have the 8 responsibility. Y'all are mandated by the state to keep and 9 maintain roads, and I think it would be justified if you 10 could just keep a little portion of that, a little more. 11 COMMISSIONER OEHLER: We think so too. 12 COMMISSIONER LETZ: We think so too. 13 MR. NEFFENDORF: There you go. 14 COMMISSIONER OVERBY: We support you. 15 MR. NEFFENDORF: State and federal tax on a gallon 16 of gasoline is 38.4 percent. Why can't they allocate one 17 cent per gallon to each county? 18 JUDGE TINLEY: You know, when you add up those -- 19 MR. NEFFENDORF: Yeah. 20 JUDGE TINLEY: -- those funds we sent in to the 21 state, the aggregate of those amounts you just mentioned, 22 it's almost as much as our general fund budgeted 23 expenditures. 24 MR. NEFFENDORF: Over seven point -- almost 25 $8 million. And you get back 2.8 in sales tax. Why don't 3-12-12 66 1 you get back 4? 2 JUDGE TINLEY: Any other questions? 3 MR. NEFFENDORF: If you have any representatives -- 4 I know years ago, we already -- we tried this route. We got 5 nowhere, but I'm bringing it back up. 6 JUDGE TINLEY: Well, we appreciate that 7 encouragement. 8 MR. NEFFENDORF: Yeah. 9 JUDGE TINLEY: Any other questions? Thank you. 10 MR. NEFFENDORF: All right. 11 JUDGE TINLEY: We appreciate your work. 12 MR. NEFFENDORF: Thank y'all. 13 JUDGE TINLEY: Let's go to Item 9 on the agenda; to 14 consider, discuss, take appropriate action on a presentation 15 from AACOG regarding the Alamo Regional Transit 16 Transportation Services provided for Kerrville/Kerr County. 17 The presentation is being presented by AACOG representative 18 Dean Danos, who is the AACOG Executive Director, and Mr. Joe 19 Ramos is -- 20 COMMISSIONER LETZ: Need to accept the audit? 21 JUDGE TINLEY: Let me hold you in place for just a 22 minute. We need to accept this audit? 23 MS. HARGIS: Yes. 24 JUDGE TINLEY: Let's go back to Item 8. Appreciate 25 that, Commissioner. I'm trying to move right along here. 3-12-12 67 1 COMMISSIONER LETZ: I'll make a motion we accept 2 the audit as presented. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: Motion made and seconded to present 5 the audit as presented. Question or discussion? All in 6 favor, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 COMMISSIONER OVERBY: Good catch. 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion carries. 12 MR. NEFFENDORF: All right, thank you. 13 (Discussion off the record.) 14 JUDGE TINLEY: I got two or three folks up here 15 keeping me honest. That's good. That's good. Okay, now 16 we're to Item 9. We have already rolled that one out. We 17 also have Mr. Joe Ramos from AACOG with us, the gentleman I 18 deal with on a one-on-one basis with the original review 19 committee. And we got our business -- what was it, two weeks 20 ago? Got it in order for the next two years, I guess. 21 MR. RAMOS: That is correct. 22 JUDGE TINLEY: Mr. Danos, good to have you here, 23 sir. 24 MR. DANOS: Morning, Judge, Commissioners, members 25 of the Court and the audience. Joe's got some handouts. I'm 3-12-12 68 1 going to make some opening remarks here, and he's going to 2 provide some business cards. We have with us Gary Washington 3 from the Kerrville facility standing right back here. 4 COMMISSIONER OVERBY: Hi, Gary. 5 MR. DANOS: There are a lot of issues on 6 transportation and other programs that -- that affect our 7 ability to perform a service. It's not on your agenda, but I 8 would welcome an invitation back to talk about things 9 concerning criminal justice, the academy, economic 10 development, the aging programs which affect us all as a 11 region and state. But first off, let's go to transportation. 12 I was in the Washington D.C. area about three weeks ago 13 attending the National Association of Regional Councils 14 meeting, and happened to attend with a lot of our 15 representatives from our region. The SAFETEA-LU program, 16 which governs the transportation items that we receive fund 17 -- federal funding, it appears that there is an issue here. 18 Number one, the President announced his transportation 19 budget, the Senate presented a transportation budget, and the 20 House presented a transportation budget. All three of them 21 are not going anyplace. And that is the federal funding that 22 provides transportation dollars for roads and bridges, 23 airports, rail, and service transportation, but it deals with 24 the service transportation area. 25 It appears that the SAFETEA-LU is going to be 3-12-12 69 1 reauthorized. Continuation. At least that's what I'm being 2 told. We run out of money effective March 31st as a nation 3 on transportation dollars if that thing does not get 4 reauthorized. So, federal funding involves a lot of -- many 5 areas here. As of right now, on March 31st there's no 6 funding. If it gets -- if it gets extended, which I'm 7 assuming it will because of an election year, we'll have 8 funding probably through February or March of next year, and 9 then hopefully a new program will evolve. On top of that, 10 the State is also having some issues. As you all know, Texas 11 Department of Transportation is -- basically only have enough 12 funds to do maintenance and safety on its road system right 13 now. They found two extra billion dollars to do some more 14 issues. There's ongoing meetings with various M.P.O.'s and 15 R.P.O.'s right now to find where that money's going to be 16 spent in our state of Texas across the board. That's not 17 very much money for the whole state, but it's two billion 18 dollars. 19 The funding for surface transportation now has 20 received a cut from the state government as far as providing 21 a service to its -- both -- its rural areas mainly, not -- 22 not the urban areas. Urban areas is funded by the federal 23 government. The rural areas are funded by -- or federal and 24 state governments, and right now that has been cut. That 25 brings us here today. If the federal government does not 3-12-12 70 1 reauthorize SAFETEA-LU after March 31st, we have enough 2 funding in our accounts right now to do about six months 3 worth more of transportation. If it does not get funded at 4 all after that time frame, we come just about to a screeching 5 halt because of lack of funding. We cannot, obviously, 6 provide a service without having funds. As y'all know, 7 transportation is a highly subsidized operation. If funding 8 does go through, then it'll -- it will continue, but at a 9 reduced rate. But the high cost of fuel that is experiencing 10 all of us, and with predictions of the, quote, experts 11 indicating that our fuel costs will go to $4 to $5 a gallon 12 of gas, closer to $5 a gallon of gas. 13 At one time, we used to receive extra funding from 14 the federal/state to provide an offset for that increased 15 cost. We are not going to receive any offsets. So, our 16 factors -- when we factor in our fuel costs and maintenance 17 costs, 'cause maintenance costs are directed from fuel also, 18 that it's going up and it's not coming down. So, that's 19 another area of great concern for us right now when we're 20 providing service. So, in saying all that, I painted a 21 pretty dark picture. It is not all dark. We have a viable 22 program. We've got dedicated people. You know, we are 23 providing a service not only here, but the entire region. In 24 saying all that, I'm going to let Joe kind of give you an 25 overview of where we are for the state -- I mean our region, 3-12-12 71 1 and then an overview of what we're doing in Kerr County. So, 2 Joe? 3 MR. RAMOS: Good morning, Judge, Commissioners. 4 Joe Ramos, Senior Director of Regional Services for AACOG. 5 And under my responsibilities, I have six programs, one of 6 them being our public transportation program. And last 7 month, the director that was responsible for that program 8 resigned, so for the meantime, I'm taking the day-to-day 9 responsibility for the program. That's why I'm here instead 10 of him making the presentation. Last month, at our area 11 judges committee meeting -- and Commissioner Overby 12 represents Kerr County on our board of directors. I met 13 before them last month, and they're -- they are the policy 14 board for our transportation department. And I covered it 15 with them, sort of the state of the department, where we 16 were, and some of the issues we were facing going forward. 17 And one of the recommendations that came from that meeting 18 was that they asked that I go out to all the counties and 19 talk to them about our regional transportation organization 20 and how it impacts your specific county, and what we're 21 looking for in the future. 22 So, I developed this presentation based -- based on 23 that criteria. Some of this will be pretty basic and 24 elementary; I'm sure most of you know it, so bear with me as 25 I go through it. Just to give you a copy of our 12-county 3-12-12 72 1 map that AACOG covers, it incorporates almost 12,000 square 2 miles of territory. Even though A.R.T., as we're known in 3 the industry, our trips have to originate outside Bexar 4 County, we still criss-cross Bexar County, so in essence 5 we're covering that whole 12,000 square miles. The next 6 slide gives you an indication of the kinds of trips that -- 7 that we handle each year, and the total mileage. Currently, 8 in 2012 -- and our 2012 started September 1 of 2011, and runs 9 through August 31st of 2012 -- we've already accounted for a 10 little over 72,000 trips in the first six months, and a 11 little over a million miles. So, we're busy as ever. 12 We project at the end of this fiscal year, our 13 total trips should be right under 150,000, and that's really 14 what we want to keep it. In a little bit, I'll explain to 15 you how we're going to manage that, and how we managed to 16 keep it at this point. And then the population in the 11 17 counties surrounding Bexar County is a little over 500,000, 18 so those are the people we primarily serve for originating 19 trips. 20 The next slide gives you a quick picture of our 21 financial status, if you will. The federal 5311 funds that 22 refers to, those are the dollars that we get from the feds 23 and the state that -- that pay for our operations that have 24 administration of the program. In fiscal year 2012, we got 25 approximately 1.2 million from the federal government, 3-12-12 73 1 885,000 from the state, and then we, as a local entity, put 2 in a little over 400,000. I didn't show that on there on 3 this slide, but I will later on talk about that. The 4 estimated local contract revenue is 250,000; that's what we 5 generate locally from our program from people paying us fares 6 for the rides, from the school children that we transport in 7 the various counties, and then also some other small programs 8 that AACOG administers that pays for some rides for senior 9 citizens as well. So, all those are local dollars that we 10 generate. 11 So, approximately, we have for the year $2.4 12 million of revenue coming in from the federal government and 13 the state government. Our expenses under 5311 is $1.8 14 million, approximately. And as Mr. Danos mentioned earlier, 15 public transportation is a highly subsidized service that we 16 provide, both at the federal, state, and local levels. Our 17 average monthly expenses for this fiscal year is around 18 366,000. And, really, that average has gone down since 19 December, as we started looking at our operation and how we 20 could cut corners a little bit to provide better, more 21 efficient service. We were averaging about $400,000 last 22 year, so we've done -- made quite an improvement on reducing 23 our monthly expenses. 24 The next figure that I show on there is the average 25 cost per mile is $2.88, and that's an important figure, 3-12-12 74 1 'cause last year we were averaging about 312 -- excuse me, 2 $3.12 per mile, so we've done considerable improvement on our 3 efficiency to reduce that cost per mile. Our goal is to get 4 that down to close to $2.50 average cost per mile. Now let's 5 look at Kerr County and some of the factors in Kerr County. 6 That next slide just shows the population numbers that we are 7 serving here in Kerr County. The next slide shows you an 8 annual graph of our trips per month, and as you can see, 9 since December we've started to balance those out where 10 they're staying fairly steady. And that's our goal, is to 11 try to manage our trips and our mileage per month, rather 12 than just having the demand dictate to us how those trips are 13 going to come out. The next slide breaks down the data a 14 little bit and shows that the population in Kerr County is 9 15 percent of the population in our service region, that 534,000 16 that I showed you earlier. 11 percent of the trips in Kerr 17 County represent 11 percent of the total trips in the region 18 as well. The average trips per month in Kerr County now are 19 about 1,400 per month; that's a 12-month average. And the 20 average mileage is about 7,800 miles per month. 21 COMMISSIONER OVERBY: And, Joe, again, those -- 22 those trips are related to folks who don't -- helping out, 23 going to doctors? 24 MR. RAMOS: Yes. The next slide will show that. 25 COMMISSIONER OVERBY: Yeah, very good. There you 3-12-12 75 1 go. 2 MR. RAMOS: 93 percent of the trips originated in 3 Kerrville. 4 COMMISSIONER OVERBY: Yeah. 5 MR. RAMOS: 3 percent in Ingram, and 4 percent in 6 the remainder of the county. The next slide is a pie chart, 7 basically, answering your question, Commissioner Overby, 8 on -- this is the breakdown of those trips. The majority of 9 those trips, as you can see, are medical. 17 percent are for 10 school children, 14 percent are for people just wanting to go 11 shopping or just run errands. We put "salon" on there, 12 'cause we do get a lot of people just wanting to go get their 13 hair done. And then 10 percent are work-related; we pick 14 them up, take them to work. And then 3 percent are for 15 nutrition, senior citizens going to nutrition centers, et 16 cetera. 17 JUDGE TINLEY: On the school trips, Mr. Ramos, is 18 there some sort of supplement that's provided by school 19 districts, where you're filling a need that would otherwise 20 be the school's obligation? 21 MR. RAMOS: Pretty much. Public education, there's 22 a 2-mile radius around the campuses that buses can't provide 23 service. 24 JUDGE TINLEY: Okay. 25 MR. RAMOS: And so we fill in that gap. 3-12-12 76 1 JUDGE TINLEY: You're within the 2 miles, then? 2 MR. RAMOS: Yes. 3 JUDGE TINLEY: So it's not something that the 4 school districts are obligated for. 5 MR. RAMOS: That's correct. That's correct. 6 JUDGE TINLEY: Thank you. 7 MR. RAMOS: And then a lot of these are also to 8 take kids to day care centers as well. 9 JUDGE TINLEY: Okay. 10 MR. RAMOS: So, when we started looking at the 11 department as to where our expenses were in relationship to 12 our revenues, we decided that we needed to look at the 13 overall department and how we could reduce some of the levels 14 of service and some of our expenses, so we're doing that 15 continuously every month. That's -- the next slide just 16 shows you a breakdown, again, of those trips and what we're 17 doing. For instance, when we look at the non-Medicaid trip, 18 heretofore we used to, for the most part, pick up that 19 passenger and take him to wherever they wanted to go without 20 consolidating trips, so you may only see one passenger on 21 that bus. And so what we tried to do is combine the 22 different types of trips all together in one bus as much as 23 possible, to again reduce having empty buses, or having one 24 passenger on the bus, and that has really helped us to 25 minimize the number of trips and the length of those trips as 3-12-12 77 1 well, and so we'll continue doing that every month. 2 In a little bit, when I go to the next slide, 3 you'll see how we've sort of closed the window down. 4 Heretofore, we used to just have, like, a taxicab service. 5 It was demand. You called us anytime between 7:00 and 6:00, 6 and we pick you up, take you to your destination, pick you up 7 and take you back. So, you know, what we tried to do is 8 close that window a little bit; instead of having that open 9 all day long, we've got set hours where we will pick you up 10 to do your shopping, pick you up to do your doctor 11 appointment, whatever. Again, trying to minimize the number 12 of trips that we have in any particular location. And then 13 also, consolidation of the various categories of those trips 14 has helped cut down on our expenses. The next slide is a 15 schedule of the various routes that we have in Kerr County. 16 I won't go through them individually unless you have a 17 specific question, but we have five different routes that 18 cover not only Kerrville, as a metropolitan or urban city, 19 but also the county as well. And then there are trips that 20 we -- where we pick up clients in Kerr County and take them 21 all the way to San Antonio and back. And, again, we're 22 limiting those windows where we can do that as well. 23 One thing that I did not show, and I remembered 24 when I was sitting back there; I was going to bring you a 25 copy of the new rate sheet or schedule that we developed, 3-12-12 78 1 again, at last month's area judges meeting. The judges 2 approved a small rate increase on our fares. We went up -- 3 the inner-city route didn't go up; that's still going to be 4 at $2 a trip each way. But the trip from, say, Kerrville out 5 to the county somewhere went up a dollar. If you go from 6 Kerr County over to Gillespie County or Kendall County, that 7 went up another couple dollars, and then if you're going all 8 the way to San Antonio, that went up a couple dollars as 9 well. We had proposed a higher rate than that. The judges 10 thought it was too big of a rate hike all at once, so we may 11 look at it again in June. We'll look at it and compare it to 12 what have those changes made in terms of how we're scheduling 13 our routes and the small rate increase that we got, and see 14 how that looks at the end of the year before we request 15 another rate increase at that time. 16 The next slide gives you a picture of the financial 17 analysis of the service we provide here in Kerr County. The 18 Medicaid rides, as you can see, when you go across the line 19 there, we do have a small -- we do make a small profit on 20 that. Across the region, our Medicaid rides are the service 21 that provides us that profit so that we can support some of 22 these other programs. Our non-Medicaid rides, again, those 23 could be for shopping, miscellaneous trips, et cetera and so 24 on. We're losing about $8,000 on those trips a month, again, 25 because we only charge $2 a trip. And if you recall, my cost 3-12-12 79 1 per mile is $2.88, so if I drive 5, 10 miles each way, I'm 2 going to lose money each trip. But, again, public 3 transportation is a highly subsidized service; you're never 4 going to make money on it, so if you can break even or get 5 close to that, you're doing a good job. 6 JUDGE TINLEY: Your revenue number there is from 7 fares only? 8 MR. RAMOS: On the non-Medicaid? 9 JUDGE TINLEY: Well, on your average revenue per 10 month, where you're detailing that. Is that from fares only, 11 or does that include -- 12 MR. RAMOS: No. No. 13 JUDGE TINLEY: -- any extraneous funding; state, 14 federal, so forth? 15 MR. RAMOS: The Medicaid is strictly state funding. 16 The non-Medicaid is a combination of both local fares, and 17 then also it could be some of the small other programs that 18 we operate at AACOG that have funding for specific 19 populations, subsets. Overall, when we look at the overall 20 revenue streams and the expenses, we are in the red by about 21 $7,000 per month here in Kerrville. Our goal by end of the 22 year is to get that closer to 5,000 a month; I think we can 23 live with that. So, we go look at it each month and see how 24 our curtailing the number of trips and the hours that we 25 operate, how that's going to impact it, and the small rate 3-12-12 80 1 increase. And then internally, we're looking at all of our 2 expenses; for instance, how much we pay for an oil change, 3 how much we pay for each tire. We're looking at staffing 4 levels and so on. So, whenever we lose an employee for 5 whatever reason, we're going to look at it hard before we 6 replace that employee and see if we can do without them. 7 The next slide is a funding formula that TexDOT 8 uses on how they provide funding for public transportation 9 agencies, and this is kind of where member governments and 10 AACOG have to partner together a little bit. They look at 11 three items. Passengers per revenue mile, and as you can 12 see, 2010 up to 2011, we actually improved on that, so that 13 is a positive sign when TexDOT looks at how we're operating. 14 However, the revenue miles per operational expense went down 15 from year to year, so we've got to do a better job of, again, 16 how we manage our trips per -- per mile as compared to the 17 expenses per that mile. And then local investment. 18 Heretofore, over the last few years, the local investment 19 portion -- and the way we look at this is, for instance, this 20 year's funding, we got 1.2 million from the federal 21 government, a little over 800,000 from the state. We had to 22 match that state level about half; we came up with about 23 $400,000 out of our reserve fund that we had, and then some 24 of the local fares that we collect. 25 JUDGE TINLEY: Were those AACOG discretionary 3-12-12 81 1 funds? 2 MR. RAMOS: Not AACOG specifically. Specifically, 3 they're A.R.T. They're revenues that A.R.T. generates over 4 the years, when we had good years and getting more funding 5 from the federal and the state. We managed to put some of 6 that money away, and so we're relying on that for the monthly 7 deficit, and then also to come up with a match for the annual 8 funding. Now, what the state does is they look at what makes 9 up that local match, and over the last three years, we've 10 only had one county in our 11 counties that have supported 11 the program. So, my goal today is to sort of plant that seed 12 with you as you go into your budgeting cycle for the next 13 fiscal year, and hope that you can partner with us and 14 contribute some dollars, because the only way that -- that 15 this transit agency is going to get closer to that 16 breaking-even point is that we, as an agency, become more 17 efficient. And if you, as -- as a member, government 18 partner, can increase the level of contribution, then we can 19 get more dollars based on this funding formula from the 20 federal government and the state government. 21 And so today, I'm here to just plant that seed. 22 The last slide, the dollar amount that I came up with was 23 based on that one county that has been contributing over the 24 last few years, and so I didn't want to go higher than that. 25 And so we're hoping that as you do your budget cycle this 3-12-12 82 1 year, that you take this into consideration, and -- and 2 hopefully can find a way to help fund this and help us draw 3 down more federal dollars in the -- in the following year. 4 JUDGE TINLEY: If I recall correctly, I don't 5 recall the exact time frame, but in years past, we have 6 provided funding. My recollection is around $8,000 in a 7 prior year budget. 8 MR. RAMOS: That's correct. 9 JUDGE TINLEY: Or budgets. 10 MR. RAMOS: Yeah. 11 JUDGE TINLEY: Round figures, but I believe that's 12 pretty much in the ballpark. 13 MR. RAMOS: Yeah. And I believe -- 14 JUDGE TINLEY: I don't know if we've been able to 15 do that the last couple of years, though. 16 MR. RAMOS: No. Again, when looking at the budgets 17 for the last couple years, we've only had one county that's 18 contributed any local dollars, so -- and I think what 19 happened was a lot of the counties were contributing in the 20 past, and then when we had those good years, then we had 21 enough reserve, I guess, at that time, it was felt that it 22 wasn't fair to be asking a member government to contribute 23 dollars. But we're at the point now that, again, if we don't 24 have local dollar representation as we request federal and 25 state dollars, it counts against us. So -- so it's not like 3-12-12 83 1 we're asking you to contribute money to help me operate the 2 agency. It's really as we request federal dollars and state 3 dollars, we need to show that local member government 4 components, that you are contributing. 5 JUDGE TINLEY: In terms of federal funding, what -- 6 what's generally the ratio between the local government 7 contribution and the -- and the federal funding? Has there 8 been somewhat of a ballpark ratio on that? Three to one? 9 Four to one? 10 MR. RAMOS: I think it's tied more to the state 11 portion of it, so -- like, we got 885,000 last year. Our 12 match was a little under half of that, 400 -- $405,000. 13 JUDGE TINLEY: Okay. 14 MR. RAMOS: So -- 15 JUDGE TINLEY: About two to one, then. 16 MR. RAMOS: About two to one, yes, sir. And I can 17 tell -- and I can tell you right now, we already got word 18 that the federal contribution for this coming year already 19 has been reduced from the $1.2 million to $950,000. So, 20 again, looking at -- as we're going into the next year, we're 21 already at a larger deficit than we are today. 22 JUDGE TINLEY: While it might have been a better 23 ratio in the past, the prospect for the future ain't too 24 good. 25 MR. RAMOS: No, sir. 3-12-12 84 1 JUDGE TINLEY: Okay. Any questions for Mr. Ramos? 2 Mr. Danos? 3 COMMISSIONER OVERBY: Judge, just a few comments, 4 again. And, Dean, stand up for a second as well. Just -- 5 our Commissioners and Judge Tinley, of course, knows Dean 6 very well. Dean, of course, was appointed -- not appointed, 7 but he's officially our Executive Director at AACOG since 8 last year, and Dean's done a wonderful job leading our COG 9 and everything. And Joe wears many hats, as you well know. 10 He's also involved in our weatherization program that we've 11 done not quite $400,000 worth of -- of programs up in Kerr 12 County, have helped a lot of folks, and he wears many hats. 13 Gary Washington back there -- Gary, stand up for a second. I 14 had a question for Gary. How many buses do we have actually 15 in your -- in your facility there that are running right now? 16 How many do you have? 17 MR. WASHINGTON: Fifteen. 18 COMMISSIONER OVERBY: Fifteen buses. 19 MR. RAMOS: In total, we have a fleet of 85 buses 20 operational through the 11 counties. 21 MR. DANOS: We didn't talk about the economic 22 generator we provide the city-slash-county with us. We 23 have -- we buy fuel here, we do maintenance here, we have 24 drivers here. They pay taxes here. So, we are economic 25 generators at the same time for the city-slash-the county. 3-12-12 85 1 And, you know, I say that every place I go. You know, we 2 gave back more so. We have -- we cooperate and provide, at 3 times, services at no cost. When you have rates -- when you 4 have issues that you need service, we do it at no cost. So, 5 we wanted to be a partner with you all along, but we also -- 6 you know, in these dire times, we need some help. And if you 7 take that in consideration as you go through your budget 8 process, as Joe said, we would appreciate that very much. 9 COMMISSIONER OVERBY: I think the other thing, it's 10 just really good to see what's happening, Gary. In just 11 visiting with Joe as well, we're continually working on the 12 efficiency of the routes and the transportation in our 13 community, and I -- I applaud you for continuing to keep on 14 doing that, and that's what we're trying to encourage. 15 Again, this is sometimes the only way that some folks can get 16 to the doctor and get groceries. And there are folks that 17 need help, and I appreciate the report. I know you're 18 charged to go out and bring this report to all the counties 19 in the COG area, so I appreciate you coming, giving this 20 report to us. 21 MR. RAMOS: We thank you for the opportunity, and 22 as you get into your budget cycle, if you want me to come 23 back and provide further details, let me know; I'll be glad 24 to come back in. 25 JUDGE TINLEY: Be happy to get your kneepads and 3-12-12 86 1 come right on back, huh? 2 MR. RAMOS: My catcher's mask and my bat. 3 COMMISSIONER LETZ: One question. Do you keep 4 records of the number of individuals that use the service? 5 Or is it -- 6 MR. RAMOS: Yes. 7 MR. DANOS: Yes, we have them by name. 8 COMMISSIONER LETZ: By name. And about how many, 9 you know, users are there in Kerr County? 10 MR. RAMOS: Well, again, when we refer to trips, 11 that's really individuals. 12 COMMISSIONER LETZ: Right, it's individuals, but 13 it's -- I mean, it may be the same person doing it over and 14 over. 15 MR. RAMOS: Yeah, could be. Yes, sir. 16 MR. DANOS: But we can -- we can -- I can get back 17 to you, Commissioner. If you want to know just the number of 18 individuals, we can give you that number. But when we say 19 trips out here, that could be one person, one person using 20 double -- you know, back and forth, which is two trips, or it 21 could be multiple people. But we can give you a number as to 22 -- 'cause we have it in the computer systems. 23 COMMISSIONER OEHLER: That would be helpful. 24 MR. RAMOS: We capture that data. 25 MR. DANOS: We can give you a breakdown. 3-12-12 87 1 MR. RAMOS: And also -- and I'm glad you brought 2 the question up. One of the things we're starting to do also 3 is, we have a lot of what we call "no shows." Somebody will 4 call in, make a reservation. We show up at the doorstep. 5 Either nobody shows up, or they found another ride; they 6 didn't cancel that trip, so -- so the vehicle and the driver 7 make a wasted trip. And those wasted trips cost us money, 8 and so what we've done is develop a policy, and we're 9 enforcing that policy. On the first no-show at your address, 10 we'll send you a letter just kind of informing you what 11 happened. We'll give you up to three chances, and after the 12 third one, if it happens again within a 12-month period, 13 we'll decline service to your address -- your name and 14 address for a year. And hopefully that will get people's 15 attention. And since we implemented that in December, I get 16 a lot of calls every day saying, "Hey, I just got your letter 17 about the policy. What does that mean?" Those kind of 18 things. So, at least it's bringing to the attention of 19 people that when you make a reservation, you need to either 20 keep it or call us back and cancel that trip so we don't make 21 that wasted trip. 22 JUDGE TINLEY: Any more questions? Thank you, 23 gentlemen. 24 COMMISSIONER OVERBY: Thank you. 25 MR. RAMOS: Have a good day. 3-12-12 88 1 MR. DANOS: Have a great day. Thank you. 2 (Discussion off the record.) 3 JUDGE TINLEY: We've got a couple more items we 4 want to go ahead and get attended to. Let's go to our other 5 10 o'clock item, Number 7, right quick. Recommendation and 6 request for Court action in filling County Extension Agent, 7 Family and Consumer Sciences position here in Kerr County 8 Ms. Mapston? 9 MS. MAPSTON: Good morning, Judge, Commissioners. 10 COMMISSIONER OEHLER: Good morning. 11 MS. MAPSTON: I'm pleased to be here today to do a 12 couple of things. Number one is to thank you for your 13 continued support of AgriLife Extension and our programs here 14 in Kerr County. We're really proud of our programs, our 15 Agriculture, Family and Consumer Sciences, and of course our 16 4-H and Youth Development program here, so thank you so much 17 for your continued support. And today I'm here for something 18 very special. I'd like to introduce to you our 19 recommendation to fill the County Extension Agent position 20 for Family and Consumer Sciences, and this is Ms. Angela 21 Fiedler. And Angela is currently serving as the County 22 Extension Agent over in Kendall County, and Angela has an 23 interesting background. She has a Bachelor of Science degree 24 in Family and Consumer Sciences from Texas State University, 25 and she also has a minor in business, and she recently 3-12-12 89 1 received -- or in 2008, she received her Master's degree in 2 agricultural science at Texas A & M, Kingsville University. 3 So, we're really pleased that Angela went ahead and did get 4 her Master's degree. 5 And Angela started her Extension career back in 6 2001. She was appointed County Extension Agent for Family 7 and Consumer Sciences in Bee County, and then I was fortunate 8 enough to meet Angela and ask her to come over to Kendall 9 County, where in 2003 she became the County Extension Agent 10 there, and has been serving ever since. So, Angela brings 11 with her a wealth of experience. She brings over 11 years of 12 successful county extension agent experience here to this 13 position. And so today, I would like to recommend the Court 14 appoint Angela Fiedler as County Extension Agent for Family 15 and Consumer Sciences, effective April 1st, which her first 16 day in the office then would be on Monday, April the 2nd, at 17 your currently budgeted salary and travel. 18 COMMISSIONER LETZ: I'll make a motion that we 19 appoint -- what's your last name? 20 MS. FIEDLER: Angela Fiedler. 21 COMMISSIONER LETZ: Fiedler? Angela Fiedler. 22 MS. FIEDLER: You know, everybody pronounces it 23 different. I think we had this discussion in your office one 24 day. 25 JUDGE TINLEY: It's "i.e." 3-12-12 90 1 MS. FIEDLER: Even in my own family, half of them 2 pronounce it one way and half the other way. So, I just -- 3 however my father-in-law pronounces it, that's how I do. 4 So -- yeah. 5 COMMISSIONER LETZ: Okay. As the County Extension 6 Agent, Family and Consumer Sciences position. 7 JUDGE TINLEY: In the -- in the position schedule 8 and as budgeted? 9 COMMISSIONER LETZ: Yes. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: We have a motion and a second. 13 Question or comments? 14 COMMISSIONER LETZ: That's effective April 1st. 15 JUDGE TINLEY: All right. You're coming here to 16 escape the urban sprawl coming towards Kendall County, huh? 17 MS. FIEDLER: I guess you could say that. That's 18 how I feel sometimes. 19 JUDGE TINLEY: Angela and her husband are property 20 owners out in west Kerr County, and, you know, they've been 21 planning to come to Kerr County for some time, apparently. 22 So -- 23 COMMISSIONER OEHLER: Good. Where do you live? 24 MS. FIEDLER: Waring. The big town of Waring. 25 COMMISSIONER OEHLER: I thought you said west Kerr 3-12-12 91 1 County. 2 JUDGE TINLEY: They've got property out near 3 Mountain Home. 4 MS. FIEDLER: Oh, Mountain Home. Mountain Home. 5 COMMISSIONER OEHLER: Then you're in the best 6 place. 7 MS. FIEDLER: Is that the best place? Okay. Well, 8 that's even further away from the urban sprawl. 9 COMMISSIONER OEHLER: I assure you, that's a good 10 place to be. 11 COMMISSIONER OVERBY: Welcome. 12 MS. FIEDLER: Thanks. 13 JUDGE TINLEY: Other question or discussion on the 14 motion? All in favor of the motion, signify by raising your 15 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. Thank you. 20 We look forward to working with you. 21 MS. FIEDLER: Good to see you again. I haven't met 22 you yet, but Judge Tinley -- 23 JUDGE TINLEY: Good to see you. 24 COMMISSIONER OVERBY: Glad to have you. 25 JUDGE TINLEY: Okay, we got two more items on the 3-12-12 92 1 regular agenda, other than the executive session item. Item 2 11 is to consider, discuss, take appropriate action on 3 proclamation for Partners in Ministry Community Service 4 Infusion or C.S.I. day, as they call it. I put this on the 5 agenda after talking with the Partners in Ministry folks. 6 Mr. Jeff Anderson, the current president of Partners, is here 7 with us. Good to have you here, sir. 8 MR. ANDERSON: Thank you, Judge. It's an honor to 9 be here. 10 JUDGE TINLEY: The Court will recall last year, 11 when Partners came up with this C.S.I. project, they asked 12 for our support by way of resolution, and then, of course, we 13 got one more item we're going to be talking about, and they 14 asked if we'd be kind enough to do that again this year. 15 COMMISSIONER OVERBY: Looks good. 16 JUDGE TINLEY: Anything you'd like to tell us about 17 the C.S.I. program that may be a little different wrinkle 18 this year, Mr. Anderson? 19 MR. ANDERSON: Well, this is the sixth year of it. 20 We have about 600 volunteers that are currently teamed up on 21 about 50 different service projects that range from, really, 22 making home interventions for rehabilitation, both exterior 23 and interior, with those who call in need from a financial or 24 health perspective, and we also are working on some community 25 beautification projection and cleanup projects that serve the 3-12-12 93 1 county. And we're excited about it. And we think that we're 2 beginning -- this is my first time to be -- to be involved in 3 this, and so we begin to kind of cut our teeth on how to do 4 it. We're actually considering doing it a second time this 5 year in the fall, because we see an ongoing need, and there's 6 only so many of these projects you can successfully 7 coordinate at one time. And so we think that perhaps if our 8 labor -- we'll produce this March 24th. We expect to produce 9 about $60,000 to $65,000 in value you'd input across the 10 county, and our cost in doing that is about $20,000. We're 11 privileged this year to have National Car Sales underwriting 12 a substantial portion of that, and we also thank the others 13 in the business community, Mini-Mart, the L.C.R.A. and others 14 that are making it all possible, along with many of the other 15 professional sponsors. 16 It really -- I think the last thing I would add, 17 Judge, is that we see our purpose in the community to provide 18 the opportunities for volunteers and donors to participate in 19 good works, and the opportunity to find and select 600 donors 20 that come from many, many organizations across this county 21 provide that -- that great possibility, and we hope that we 22 also can encourage them to join us in good works that are 23 impacting our students. We hope this year to impact about 24 2,000 students in the county too, and in some positive 25 incremental way of helping them to connect with successful 3-12-12 94 1 adult relationships that give them guidance and assistance. 2 So, thank you very much for the opportunity to be here and 3 support us. 4 JUDGE TINLEY: Well, we appreciate your work, 5 Mr. Anderson. 6 COMMISSIONER OVERBY: Thank you. 7 JUDGE TINLEY: Along with Partners and all the 8 folks that they partner with. That's your function, and we 9 appreciate all of your work. 10 MR. ANDERSON: It's a large group, and you can 11 basically put most of the churches and civic organizations 12 under that umbrella. 13 JUDGE TINLEY: Do I hear a motion in support of the 14 agenda item and the proclamation? 15 COMMISSIONER OVERBY: Motion made. 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: Motion made and seconded. Question 18 or comment? All in favor, signify by raising your right 19 hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. 24 MR. ANDERSON: Thank you. 25 JUDGE TINLEY: The next agenda is to consider Item 3-12-12 95 1 12; to consider, discuss, and take appropriate action on 2 request from Partners in Ministry to have the county pay the 3 dumping fees accrued during the upcoming C.S.I. day. I had 4 Ms. Grinstead pull our activity from last year on that, and 5 the Court approved that matter up to the sum of $1,000. Is 6 there any reason to believe that -- that it will exceed that 7 this year? 8 MR. ANDERSON: No, sir. And I would simply ask 9 that in the course of considering it, that you make it for 10 the year, in case we do this second event, and we'll report 11 back to you what the -- should we need additional, we'd 12 report back to you. But we think it'll be sufficient to 13 certainly cover this. 14 COMMISSIONER OEHLER: I believe these funds were -- 15 came out of Environmental Health budget last year; is that 16 right, Ray? 17 MR. GARCIA: Yes. 18 COMMISSIONER OEHLER: Can you do that again this 19 year? Are you paying for that? 20 MR. GARCIA: I'd just like to remind the Court that 21 we did do it recently here for the Center Point Helping 22 Hands. 23 COMMISSIONER OVERBY: That's correct. 24 MR. GARCIA: That line item in my budget is a 25 rather small line item; there's $4,000 in it. Currently, I 3-12-12 96 1 have 3,000. And, you know, keeping in mind that we have the 2 Kerr County -- this is a nuisance abasement program; that's 3 specifically what this line item takes care of. We have $500 4 to Helping Hands as set out for this year, for this fiscal 5 year. A $1,000 item, it could be done, but, again, it's 6 tight, so I might have to come back and ask for an amendment. 7 I just want that on the record so that the Court understands 8 that if I ask for an amendment, it is because we are putting 9 this money aside for C.S.I. Also, I would ask you if we 10 could have some numbers for the county. If we recall, last 11 year I don't know how many folks got helped out in the 12 county. There was some questions that -- Commissioner 13 Baldwin is not here. He had asked me if I had a list that I 14 could give to the gentleman last year. We did have some 15 problems in not getting everybody picked up. This year, I 16 had Julie send a list in to your people of those folks that 17 need help out in the county, so I would just like to make 18 sure that the county folks out there that need help in all 19 precincts get help. I don't know what the problem was last 20 year, but I needed to make sure that everybody is aware of 21 that. 22 JUDGE TINLEY: When did you -- when did you have 23 Julie send that over to -- 24 MR. GARCIA: I just recently did it when I seen 25 this on the agenda. 3-12-12 97 1 JUDGE TINLEY: Okay. Okay. Well, I know this 2 thing's been in the planning stage for some period of time 3 now, and the time frame may present some difficulty; I can 4 certainly understand that. But -- 5 MR. ANDERSON: Well, C.S.I. is -- excuse me for -- 6 can I speak? C.S.I. is an outgrowth of, really, our home 7 rehabilitation program. I think that regardless of whether 8 the time frame presents the opportunity to accomplish those 9 projects on March 24th, if they qualify, we'll make sure they 10 happen. 11 JUDGE TINLEY: Well, and you mentioned you -- you 12 may make another run at it later on in the year. 13 MR. ANDERSON: Well, we'd like to, particularly in 14 the area of what I would call community service; that is, 15 beautification. And I was just noticing bluebonnets 16 surrounding the courthouse coming over here. I think there's 17 just some opportunities that -- and I think there's volunteer 18 power in this community that would love to participate. So, 19 we're going to really sit down after we finish the 24th and 20 consider a fall event, and -- and try to blend it with not 21 only home rehabilitation, but with what I call cleanup and 22 beautification of our public areas. 23 COMMISSIONER OVERBY: I think this is a great 24 project that the county's been doing here with -- partnering 25 with Partners in Ministry for six years. Ray, I'm glad that 3-12-12 98 1 you mentioned the Helping Hands program in Center Point. 2 That is another successful program that's been going on this 3 year and helping in that community, and I appreciate you 4 making a note of that about where those funds come from. And 5 we need to remember that as far as if we need to do an 6 amendment to those areas. But with that, I'd -- Judge, I'll 7 make a motion to approve the Partners in Ministry to have the 8 County pay the dumping fees up to $1,000 accrued during the 9 upcoming Community Service Infusion or the C.S.I. day, will 10 be my motion. 11 JUDGE TINLEY: Day or days? 12 COMMISSIONER OVERBY: Day or days, that's right. 13 JUDGE TINLEY: All right. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded as 16 indicated. Any further question or discussion? All in 17 favor -- 18 MR. GARCIA: Excuse me, Judge, sorry. Can we make 19 sure that it's noted in there that it's coming out of that 20 Kerr County Nuisance Abatement line item? 21 COMMISSIONER OVERBY: Okay. 22 JUDGE TINLEY: Nuisance Abatement in the 23 Environmental Health budget. 24 MR. GARCIA: Yes. 25 JUDGE TINLEY: Okay. 3-12-12 99 1 COMMISSIONER OVERBY: My motion includes that. 2 JUDGE TINLEY: Any other question or discussion? 3 All in favor, 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: That motion does carry. 8 MR. ANDERSON: Thank you so much for your support. 9 JUDGE TINLEY: Thank you for being here today. We 10 appreciate your support. Okay, now we'll take us a recess 11 for 15, 20 minutes, and then we'll come back and consider our 12 executive session item. 13 (Recess taken from 11:08 a.m. to 11:27 a.m.) 14 - - - - - - - - - - 15 JUDGE TINLEY: Okay, let's come back to order, if 16 we might, from our recess. We have Item 18, which is an 17 executive session item; consider, discuss, take appropriate 18 action regarding settlement agreement in Kerr County vs. 19 Arreola, being Cause Number 11-849C, County Court at Law, 20 Kerr County. That's an executive session item as indicated. 21 Is that correct, Mr. Henneke? 22 MR. HENNEKE: Yes, sir, with possible public action 23 following. 24 JUDGE TINLEY: Okay. At this time, the Court will 25 go out of open or public session at 11:29 for the purpose of 3-12-12 100 1 going into executive session to consider that agenda item. 2 (The open session was closed at 11:29 a.m., and an executive session was held, the transcript of which 3 is contained in a separate document.) 4 - - - - - - - - - - 5 JUDGE TINLEY: Okay, now we're back in open or 6 public session. It's 11:41. Any member of the Court have 7 anything to offer with regard to matters discussed in -- in 8 executive or closed session? 9 COMMISSIONER LETZ: I'll make a motion that we 10 approve -- is "approve" the correct language? 11 MR. HENNEKE: Approve and authorize -- yeah, 12 approve and authorize. 13 COMMISSIONER LETZ: Approve the settlement 14 agreement in Kerr County vs. Arreola and authorize the County 15 Judge to sign same. 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: Motion made and seconded as 18 indicated. Question or discussion on the motion? All in 19 favor of the motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. Is that it? 24 COMMISSIONER LETZ: Oh, right there. 25 JUDGE TINLEY: Let's go now to Section 5 of our 3-12-12 101 1 agenda. Do we have any reports from elected officials or 2 department heads? Seeing none, any further business to come 3 before the Court? We'll be adjourned. 4 (Commissioners Court adjourned at 11:42 a.m.) 5 - - - - - - - - - - 6 7 8 STATE OF TEXAS | 9 COUNTY OF KERR | 10 The above and foregoing is a true and complete 11 transcription of my stenotype notes taken in my capacity as 12 official reporter for the Commissioners Court of Kerr County, 13 Texas, at the time and place heretofore set forth. 14 DATED at Kerrville, Texas, this 16th day of March, 2012. 15 16 JANNETT PIEPER, Kerr County Clerk 17 BY: _________________________________ Kathy Banik, Deputy County Clerk 18 Certified Shorthand Reporter 19 20 21 22 23 24 25 3-12-12