1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, April 23, 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 April 23, 2012 2 PAGE --- Commissioners' Comments 5 3 1.1 Consider/discuss, take appropriate action on 4 request from Kerrville Area Chamber of Commerce to use Flat Rock Park for KerrFest on August 5 10th - 12th, 2012 11 6 1.3 Consider/discuss, take appropriate action to authorize internship program with Kerr County 7 Information Technology and Schreiner University Information Systems 15 8 1.5 Order authorizing the issuance, sale, and delivery 9 of up to $6,500,000 in aggregate principal amount of “Kerr County, Texas Certificates of Obligation, 10 Series 2012”; securing the payment thereof by authorizing levy of annual ad valorem tax and a 11 pledge of certain surplus revenues of the County’s parks system; approving and authorizing execution 12 of a Paying Agent/Registrar Agreement, a Purchase Contract, an Official Statement, and all other 13 instruments and procedures related thereto 32, 63, 113 14 1.6 Consider/discuss, take appropriate action on request from Hill Country Dog Agility to approve 15 use of Hill Country Youth Exhibit Center for an event in April 2013 32 16 1.7 Presentation regarding Texas AgriLife Extension 17 Kerr County Interpretation 38 18 1.12 Consider/discuss, take appropriate action on request from Joel Ayala, Constable Precinct 2, 19 for a private office to conduct business 51 20 1.2 Consider/discuss, take appropriate action to decommission existing well on Youth Exhibit 21 Center property to accommodate proposed new construction; authorize County Judge to apply 22 for permit from Headwaters Groundwater Con- servation District for replacement well on 23 Hill Country Youth Exhibit Center property 58 24 1.4 Consider/discuss, take appropriate action to approve payment not to exceed $2,000 for leveling 25 the floor of the Turtle Creek School Building 65 3 1 I N D E X (Continued) April 23, 2012 2 PAGE 1.8 Consider/discuss, take appropriate action to 3 adopt Kerr County Safety Resolution dated April 23, 2012; have same signed by County Judge and 4 Commissioners 67 5 1.9 Consider/discuss, take appropriate action regarding Commissioners Court approval of 6 Policy 8.07 Seat Belt for policy handbook 70 7 1.10 Consider/discuss, take appropriate action supporting Kerr County Proclamation for Older 8 Americans Month - May 2012 76 9 1.11 Consider/discuss, take appropriate action to approve a proclamation to declare May 3, 2012 10 National Day of Prayer 80 11 1.13 Consider/discuss, take appropriate action on increasing daily per diem rate for employees 12 to State of Texas standard rate or higher 81 13 1.14 Consider/discuss, take appropriate action to fill open position in Maintenance Department 92 14 4.1 Pay Bills 96 15 4.2 Budget Amendments 100 4.3 Late Bills --- 16 4.4 Approve and Accept Monthly Reports 105 17 5.1 Reports from Commissioners/Liaison Committee Assignments 105 18 5.2 Reports from Elected Officials/Department Heads 110 19 --- Adjourned 119 20 21 22 23 24 25 4 1 On Monday, April 23, 2012, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Monday, April 23rd, 2012, at 9 a.m. It is that time 11 now. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir. Would you please 13 rise, and let's have a word of prayer and the pledge of 14 allegiance. 15 (Prayer and pledge of allegiance.) 16 COMMISSIONER BALDWIN: Thank you. 17 JUDGE TINLEY: Thank you. Be seated, please. At 18 this time, if there's any member of the public or audience 19 that wishes to be heard with regard to a matter that is not a 20 listed agenda item, this is your opportunity to come forward 21 and tell us what's on your mind. If you wish to be heard on 22 an agenda item, we'd prefer that you fill out a participation 23 form. There should be some located at the rear of the room. 24 That's not essential, however. If we get to an agenda item 25 that you wish to be heard on, and you haven't filed a 4-23-12 5 1 participation form, get my attention in some manner; I will 2 give you the opportunity to be heard on that item. But right 3 now, if there's any member of the public or audience that 4 wishes to be heard on a matter which is not a listed agenda 5 item, feel free to come forward and tell us what's on your 6 mind. Seeing no one coming forward, we will move on. 7 Commissioner Baldwin? 8 COMMISSIONER BALDWIN: Sir, I don't have anything 9 to report at this moment, but as we move through the agenda, 10 I will have comments here and there. 11 JUDGE TINLEY: Commissioner Overby? 12 COMMISSIONER OVERBY: A couple, Judge. Again, just 13 busy out in the east Kerr County area. Last week I attended 14 the Center Point fundraising for the F.F.A. Had a good group 15 of folks out there, a lot of good volunteers raising good 16 money for a great organization out in Center Point, and 17 enjoyed that. Many of us here from the Court spoke last week 18 at the Sheriff's academy, and again, good group, Sheriff, and 19 I know that's a successful program in our community. Thank 20 you for the opportunity to go and speak to those folks and to 21 visit with them a little bit. And I just also want to note 22 that our parks out in Center Point, I want to compliment our 23 Road and Bridge group, our maintenance group working out 24 there. There are a lot of good things going on in the park. 25 Of course, our Commissioners Court's been very supportive in 4-23-12 6 1 helping our parks this past year, but we're getting a lot of 2 things done out there. I want to especially thank Martin 3 Marietta for donating their supplies a lot on this. We've 4 had -- they've done it at cost, so some really good things 5 getting done out there out in east Kerr County. So, that's 6 my update for today. 7 JUDGE TINLEY: Thank you. Commissioner Letz? 8 COMMISSIONER LETZ: A couple things. I guess 9 weekend before last, the Comfort Volunteer Fire Department 10 had their annual fundraiser. I'm not sure the amount of 11 money they raised, but they had a huge crowd at Comfort Park, 12 so I'm sure they did quite well. And the other thing is 13 just -- I'm not sure if I mentioned it to the Court or not, 14 but I'm bringing it up again if I did. I guess about 10 days 15 ago, I met with a number of other people on water issues, 16 East Kerr County and kind of beyond. Interesting group. We 17 had Bill West, General Manager of G.B.R.A., G.B.R.A. board 18 member, Ray Buck, one of his board members, myself from Kerr 19 County Commissioners Court, Kenneth Rusch from Kendall County 20 Commissioners Court, Kendall Water Improvement District 21 Number 1, Cow Creek, the Kendall County Water District, and 22 Headwaters. Pretty much if you're involved with water in 23 these two counties, the people were there. 24 And we just kind of had a brainstorming session as 25 to what can be done to improve the water -- surface, ground, 4-23-12 7 1 whatever -- in that part of the -- or this part of the state, 2 and good meeting. G.B.R.A., obviously, is the largest 3 political entity that was present, which means they have the 4 most money and the most clout. And I think -- I'm kind of -- 5 the meeting ended up with kind of a plan to develop a scope 6 of work for the area, which will be taking things to the 7 Legislature, 'cause it makes some adjustments that will need 8 to be done before anything can really -- to help the entities 9 work together. So, I think it was a very positive meeting. 10 U.G.R.A. was -- kind of spearheaded to put it together, and 11 thanks to them for their foresight in looking at that. We 12 talked about everything from the groundwater situations -- 13 obviously, the 6,000 acre-feet that we have that G.B.R.A., 14 again, acknowledges we have, and trying to figure out a way 15 to use it, the water in Canyon Lake. Looking at possible 16 reservoir -- off-channel reservoir, the flooding in Center 17 Point where they're now looking at some flood control 18 structures. Lots of things were talked about. So, anyway, a 19 good meeting, and it was pretty much agreed that it's going 20 to take a regional approach to solve the problem. So, a lot 21 happened there. That's about it. 22 JUDGE TINLEY: Commissioner Oehler? 23 COMMISSIONER OEHLER: Jon and I met with the 24 rainwater cachement people the other day at the Ag Barn. 25 We're going to -- we're intending to -- I think we're going 4-23-12 8 1 to do it, is to put up 130,000 gallons worth of rainwater 2 cachement to use for various purposes. You know, one being 3 wash down, one being flushing all the new toilets in the new 4 facility, and Road and Bridge can use it to water roads and 5 things with. We'll use it for fire trucks to fill out of. 6 Anyway, I called U.G.R.A. and asked if they might be 7 interested in helping fund it -- help to fund it, help with 8 funding of that system. Also, I think the Judge may have 9 called L.C.R.A., and also I also contacted Headwaters, and I 10 think it would be a really good thing for all three of those 11 folks to join in and -- and do that. That's a -- that's a 12 huge impact on what we're using, you know, as potable water 13 from the city of Kerrville. And I believe the system will 14 reimburse really quickly the amount of the cost it is to put 15 it in, and so we should have some plans on that pretty quick. 16 And I got a cost estimate, but it's much less than I had 17 anticipated. And I believe it's the right thing to do, as 18 well as it's going to save us a lot of water that we now 19 consume from the city. The one -- the one thing they did 20 tell us was that on this one roof alone on the new building, 21 that on the annual average rainfall, it will produce 1.7 22 million gallons of water. 23 COMMISSIONER BALDWIN: Whew. 24 COMMISSIONER OEHLER: That's just on the one; 25 that's not including the indoor arena, which is about the 4-23-12 9 1 same size. Which, you know, we would add to later if we want 2 to do that. And I met with architects and engineers last 3 week, with the surveyor, to get all the stuff they needed to 4 proceed to finish the plans for going out for bid. I think 5 all that is -- I talked to Lee Voelkel this morning. They 6 have got all the field data, and they're putting it all 7 together and getting it to the architect and engineer, and I 8 had a pretty good meeting with them. Mountain Home Fire 9 Department's going to have a little sausage deal on the 28th. 10 I think it goes from noon till 6 o'clock or something like 11 that, to raise some funds, so if anybody's interested, they 12 can go out and participate in that. 13 JUDGE TINLEY: That's not -- that's not their big 14 event, though, is it? 15 COMMISSIONER OEHLER: No, that's not their big one, 16 but that is -- that may be in the future their substitute 17 event. Hunt Fire Department had a big fundraiser a couple 18 weeks ago. That was -- that did real well. And a lot of 19 things going on. Met with City of Ingram the other day to 20 talk about future needs in wastewater. That'll be coming 21 probably to us at some point to help participate in some form 22 or fashion for all the area that's now in the ETJ of Ingram, 23 and that's just kind of to brainstorm. Ray and I met with 24 City of Ingram and John Hewitt to -- basically, they have 25 applied for a grant for a wastewater system in that area, and 4-23-12 10 1 we just wanted to make sure that it would -- it would include 2 areas that are not served by the city of Kerrville now. And 3 this is out -- this is way down the road from now, but it is 4 -- it needs to be -- the planning needs to start. There are 5 a lot of businesses that need to be hooked up, and it's just 6 -- it's looking into the future. And that one happened last 7 week as well. That's enough for now. 8 JUDGE TINLEY: Okay. Okay. A couple of items. We 9 get monthly reports, and they're statewide by county, on 10 indigent health care expense. And I -- I know I get them; I 11 suspect other members of the Court get them also. But 12 it's -- Mary Ayala down there, following on from the good 13 work that Dawn Lantz and Rosa have done with indigent health 14 care, has got that budget way, way under control. They have 15 done a wonderful job keeping those expenses down. And I was 16 really amazed when I look at those reports, particularly when 17 you look at it relative to what other counties are spending. 18 And so they've done a wonderful job down there, and I want to 19 thank them for their hard work. They're saving this county a 20 bunch of money by maintaining tight control of those policies 21 and seeing that they're properly administered. So, they -- 22 they need a big "thank you" for the job they're doing and the 23 money they're saving the taxpayers of this county. 24 Another item that just came down the pike late last 25 week at a meeting of the Texas County and District Clerk's 4-23-12 11 1 Association, our County Clerk, Jannett Pieper, was nominated 2 for Clerk of the Year by that association. They'll have 3 their meeting, I think, in a few weeks, if I'm not mistaken. 4 Don't know exactly when it is, and maybe -- maybe we'll have 5 an honor for our County Clerk. That's all I've got. Let's 6 get on with our agenda. First item is a 9 o'clock timed 7 item, to consider, discuss, and take appropriate action on a 8 request from the Kerrville Area Chamber of Commerce to use 9 Flat Rock Park for KerrFest on August 10th through 12th, 10 2012. Ms. Craddock? 11 MS. CRADDOCK: Good morning. 12 JUDGE TINLEY: Good to see you here. 13 MS. CRADDOCK: Kristan Craddock, here on behalf of 14 the Kerrville Area Chamber of Commerce and KerrFest. I'm 15 here to ask that you -- that we have use of Flat Rock Lake 16 Park for KerrFest from noon on Friday, August 10th, through 17 noon on Sunday, August 12th of 2012, and this is for parking. 18 COMMISSIONER OEHLER: For parking? 19 MS. CRADDOCK: Yes, sir, trailers and things like 20 that. 21 COMMISSIONER OEHLER: I met with KerrFest the other 22 day and we went over some of the plans. They were talking 23 about what they're doing, and Rob came up with some questions 24 that he felt like needed to be answered, and we're trying to 25 get an agreement put together so that it's -- they're being 4-23-12 12 1 treated the same as all other nonprofits, so that we kind of 2 protect ourselves. And I really think it would be good if we 3 would maybe not do this till next meeting, until you and Rob 4 and I have a chance to meet and -- and talk about all this 5 stuff. You know, one thing that's -- that's kind of hard to 6 do, and we're going to have to be very careful -- Rob and I 7 talked about it the other day -- is closing this park to the 8 public -- 9 MS. CRADDOCK: Okay. 10 COMMISSIONER OEHLER: -- too often. You know, a 11 few times a year for special things is one thing, but if we 12 start doing it all the time, it's no longer a public park. 13 It's -- it becomes used for lots of nonprofits and things, 14 and we kind of walk a real fine line on that. And so I think 15 it would be in our best interest to get an agreement put 16 together and bring it back at our next meeting. And -- 17 MS. CRADDOCK: Okay, we'll do that. Absolutely. 18 JUDGE TINLEY: Let me ask Ms. Craddock, and maybe 19 -- maybe you do or maybe you don't have the answer to this 20 question. You mentioned that it was primarily parking. Were 21 you -- were you asking that other members of the public be 22 excluded from using the park at that time? Or just kind of 23 to let us know that you wanted the overflow parking to be 24 able to go down there? 25 MS. CRADDOCK: Right. You know, either way. I am 4-23-12 13 1 happy with not closing it to the public, and having it just 2 -- if we park down there, that's okay. With the construction 3 and everything going on now, I think we'll be okay. I know 4 that Riverside Drive is closed. We did that a few months ago 5 for this event. And I may be putting the cart before the 6 horse, but I was coming back with this one last thing to put 7 into the sponsorship agreement, and then bring the entire 8 sponsorship agreement back after we've sat down with 9 Mr. Henneke and Commissioner Oehler. 10 COMMISSIONER OEHLER: I just think it would be a 11 good idea for us to do that and bring it back next meeting. 12 I'm not opposed to doing it. I understand what you're 13 saying. It's just a matter that I think we ought to get it 14 all put together and to where we know what we're doing. 15 COMMISSIONER OVERBY: I just -- just a word of 16 encouragement to you. Again, it's a great event that you 17 have. You had 800 folks at this last year, and really 18 another significant event. I know you're adding -- trying to 19 add a lot of other different things with it this year, and 20 you're going to have a larger crowd. So, I think what 21 Commissioner Oehler says, I think we just need to look at 22 putting that together as part of our agreement. But it's an 23 event, obviously, that's going to be growing in Kerr County 24 for years to come, so it's important we get it right. 25 MS. CRADDOCK: All right. 4-23-12 14 1 COMMISSIONER LETZ: Commissioner, you might look at 2 other events, look at parking -- maybe a portion of the park 3 that we can have for parking at some of these events, and 4 leave the part closest to the river alone; have kind of a 5 designated area. 6 COMMISSIONER OVERBY: Yeah. 7 COMMISSIONER LETZ: That's a loop road, so -- 8 COMMISSIONER OEHLER: Well, between the roads -- 9 you know, loop and then that center area, I think it would be 10 fine. 11 COMMISSIONER LETZ: Something like that. 12 COMMISSIONER OEHLER: Most everybody -- it's not a 13 huge number of people that come, but that way they can still 14 have direct access. 15 COMMISSIONER LETZ: Okay. 16 JUDGE TINLEY: Ms. Craddock? 17 MS. CRADDOCK: Yes, sir? 18 JUDGE TINLEY: You're going to have an amusement 19 operation going on there in connection with it? 20 MS. CRADDOCK: Yes, sir. 21 JUDGE TINLEY: That's going to be the entire week, 22 or just the latter part of the week? 23 MS. CRADDOCK: They are coming in to start setting 24 up on Monday. They will probably not actually open for 25 business until Wednesday morning, and operate Wednesday, 4-23-12 15 1 Thursday, Friday, and Saturday, and go home on Sunday. 2 JUDGE TINLEY: So they're going to be taking up a 3 good bit of the space out there on the -- 4 MS. CRADDOCK: Basically, on the -- 5 JUDGE TINLEY: -- polo field? 6 MS. CRADDOCK: No. Actually, they're going to be 7 in the parking lot, kind of like they are during the Kerr 8 County Fair. 9 JUDGE TINLEY: Okay. In the front? 10 MS. CRADDOCK: Yes, sir, in front of the exhibit 11 hall, all the way to Highway 27, in that big area. 12 COMMISSIONER OEHLER: But the workers is what he 13 was talking about. 'Cause we have these things all the time, 14 and they use that park back out by the south fence. 15 MS. CRADDOCK: Yes, that is correct. Yes. 16 COMMISSIONER OEHLER: We just had one. 17 MS. CRADDOCK: Yes, sir. 18 COMMISSIONER OEHLER: And sometimes that is not a 19 real good situation. 20 JUDGE TINLEY: Thank you. 21 MS. CRADDOCK: All right. Thank you very much. 22 COMMISSIONER OVERBY: Thank you. 23 JUDGE TINLEY: Let's go to our second item on the 24 agenda -- actually, we've got a 9:15 item. It's Item Number 25 3. Let's go to that one; to consider, discuss, and take 4-23-12 16 1 appropriate action to authorize an internship program with 2 Kerr County Information Technology and Schreiner University 3 Information Systems. Mr. Trolinger? 4 MR. TROLINGER: Good morning. 5 COMMISSIONER OVERBY: Morning. 6 MR. TROLINGER: We've probably talked about having 7 an intern in I.T. since I started. And Schreiner, for years, 8 just did not have a program that was ready for that, and now 9 there's a new professor, Professor Jackson, who is here, and 10 established a program last year. It's in its second year. I 11 think they're ready, and their course outline that I looked 12 at fits exactly the bill for what we need what we would 13 expect an intern to do here. The Auditor's helped me a 14 little bit with the project, and I've spoken with H.R. We've 15 had a little bit of informal discussion with the County 16 Attorney and the Sheriff over how to handle the various 17 issues. And if the Court has any questions, -- 18 COMMISSIONER BALDWIN: John? 19 MR. TROLINGER: -- Professor Jackson is here. 20 COMMISSIONER BALDWIN: Would you have one intern? 21 One? 22 MR. TROLINGER: It would probably be one at a time. 23 MR. JACKSON: We could do more if you can handle 24 more. 25 MR. TROLINGER: Really, the -- the issue would be 4-23-12 17 1 we -- I think we'll get about 50 percent of training. It 2 will be training that person and helping them out. I think 3 we'll get 50 percent back in the form of useful work. 4 COMMISSIONER BALDWIN: That's a pretty fair trade. 5 I'm just concerned about where you're going to house them. 6 In your little closet? 7 MR. TROLINGER: We have two -- 8 COMMISSIONER BALDWIN: With the rest of y'all? 9 MR. TROLINGER: -- two computers that are 10 available, one here at the courthouse, one at the Sheriff's 11 office. 12 COMMISSIONER BALDWIN: I see. 13 MR. TROLINGER: And maybe at Juvenile Detention, 14 but probably the courthouse will be the home base. And we've 15 got an empty desk for that. 16 COMMISSIONER BALDWIN: I certainly don't have any 17 problem with it. 18 JUDGE TINLEY: You had a question? 19 MR. HENNEKE: I do. Judge, Commissioners, this -- 20 looking at the backup, visiting with Mr. Trolinger, first of 21 all, I do see that the intern -- I guess they come from 22 Schreiner, but they would be subject to the background check 23 that's standard for new hires. And that's important, given 24 the access to confidential information and very privileged 25 information that you have through I.T. I think what needs to 4-23-12 18 1 be distinguished is whether this is unpaid, educational; 2 i.e., an internship, or whether this is a paid part-time 3 position, and I think there's a clear distinction between the 4 two. Certainly, the term "intern" is thrown around a lot, 5 and we -- I think in the past, places referred to paid 6 interns. But John's backup talks about, you know, really 7 needing additional help to resolve Help Desk calls, and -- 8 and if the person's doing substantive work, then, you know, 9 we need to -- we need to really look at the curriculum. If 10 we're not going to pay somebody and call it an internship, we 11 need to be careful about the curriculum. But if we're hiring 12 somebody just to be a part-time I.T. assistant, and we're 13 hiring them out of Schreiner, then -- you know, then they're 14 going to be a part-time employee. And we'll just make 15 sure -- we need to define what that means and what budget 16 that comes from and so on and so forth. 17 JUDGE TINLEY: I was going to inquire about the -- 18 the backup information indicates that there's going to be 19 some funding required. And I know, more and more -- or I'm 20 given to understand that more and more, quote, internships 21 are actually temporary part-time employees in various 22 capacities, generally at a reduced rate of pay. But they 23 would technically be temporary part-time employees. 24 COMMISSIONER BALDWIN: Yeah. 25 JUDGE TINLEY: And would have to be plugged into 4-23-12 19 1 the system that way if they're going to be compensated. And 2 I think -- based on the backup material and some discussions 3 I've had with Mr. Trolinger, I think it is his intent to 4 provide some compensation to these students, and he feels 5 like he's getting more dollar-for-dollar value, certainly, 6 than -- than we're paying. But -- or at least that's the 7 hope, isn't it? 8 MR. TROLINGER: It is. And it's a two-way street. 9 We're getting a student that's trained in a program that fits 10 the bill for us, and that student's coming here and is part 11 of the community -- and, by the way, I think these students 12 are Kerr County -- 13 MR. JACKSON: The majority are. There's some that 14 aren't. 15 MR. TROLINGER: Yeah. These are Kerr County 16 students. They're from Kerr County, the majority. And -- 17 and we're training them, and we're getting the benefit back. 18 And my -- my template for this is the Auditor's had, you 19 know, a Schreiner intern or two, and actually a student of 20 that department last year. And -- and in discussion with the 21 Auditor, they were paying the intern, so that's what I used 22 as the example. 23 COMMISSIONER LETZ: John, I have a real concern 24 about the access to information side of it. 25 MR. TROLINGER: Yes. 4-23-12 20 1 COMMISSIONER LETZ: I'm -- I see the Sheriff 2 jumping up and down already. 3 MR. TROLINGER: Yes. 4 COMMISSIONER LETZ: Is there a way that their work 5 can be limited to things that -- where they don't have access 6 to any of the justice side? 7 MR. TROLINGER: Yes. 8 COMMISSIONER LETZ: Or personnel side? 9 MR. TROLINGER: Yes. And my -- my plan on that is 10 they'll get their own user account, and -- and just like we 11 do with a view-only user, we can provide just a view-only 12 capability in criminal justice, if we even had to. But my 13 initial take is that the intern, that they would learn how to 14 use desktop computer technology and install things like 15 Microsoft Office. We're deploying Office 2010; that's a big 16 project. We're putting Windows 7 out there, and we've got a 17 lot of Help Desk calls, you know, "How do I do this on the 18 computer?" And it would mainly center around not the 19 criminal justice and the county business, but the actual 20 desktop computer -- the workings of -- you know, "Fix my 21 laptop for me." 22 COMMISSIONER LETZ: And I think I'd have a lot more 23 comfort if they didn't even have access to that other side, 24 even to view. 25 MR. TROLINGER: Okay. 4-23-12 21 1 COMMISSIONER LETZ: I think -- to me, it's a -- 2 like I say, Microsoft 7 and that kind of stuff, you know, 3 website information and putting stuff on the website, 4 updates, things like that, I think would be real useful. But 5 I'd just as soon that we're not involved with the Tyler 6 Technology. 7 MR. TROLINGER: I'm glad you brought that up. The 8 Sheriff -- everyone agrees that the intern have a background 9 check just like everyone that works here. 10 COMMISSIONER LETZ: Still, I just -- I'm concerned 11 about them understanding the proprietary nature of that 12 information -- 13 MR. TROLINGER: Yes, sir. 14 COMMISSIONER LETZ: -- at that age. 15 MR. TROLINGER: Okay. 16 JUDGE TINLEY: Sheriff? 17 SHERIFF HIERHOLZER: The only other thing -- I 18 agree totally with Jonathan that we really need to be 19 cautious on it because of the -- the internal part, 20 especially of our office and a lot of the stuff in the -- in 21 the system, whether it be HIPAA-protected, law enforcement 22 protected or anything else. I think that there should 23 definitely be a very thorough background check done on each 24 of those done by my office. I think there should be an 25 application or an information process booklet that they need 4-23-12 22 1 to fill out, kind of similar to our application, you know, 2 that goes into a lot more than just general applications 3 where we can do a thorough background check. And then I 4 just -- if they're going to be housed out at my office, or -- 5 or some of them may be out there, I'd just have a real 6 concern over security of our whole system, because when 7 you're giving Help Desk authority to go in and fix things, 8 you know, there's a lot of different ways in, back doors and 9 whatever to our system, and I would really have concerns over 10 what all they can get into that should not be gotten into, 11 whether it's ongoing investigations or whatever. That could 12 really be a security issue for my personnel. 13 COMMISSIONER OEHLER: It would be my preference 14 that we wait and do this at budget time, and not do it in the 15 middle of budget year, like as you're winding down toward the 16 end of the semester, end of the school year, other than 17 summer school at Schreiner College. Are you talking about 18 kids that come in that would be a special force, basically, 19 or -- 20 MR. TROLINGER: Well, this is just the right time, 21 because isn't graduation in May? So graduation is in May, 22 and that's when this person would start. You know, they'd be 23 here for the summer break. 24 COMMISSIONER OEHLER: Okay. 25 MR. TROLINGER: And that's why I pushed it ahead a 4-23-12 23 1 little bit. And I did plan on adding a line item in the 2 budget, and I talked to H.R. about it, and the Auditor, and 3 we're going to do that. 4 COMMISSIONER OEHLER: Move some money out of the 5 Sheriff's line items. 6 SHERIFF HIERHOLZER: Out of my what? 7 MR. HENNEKE: Where's the money come from? 8 MR. TROLINGER: Actually, in I.T., we've got a -- 9 we've got overtime, and the guys, they want comp time. They 10 don't want to be paid overtime; they want compensation, so 11 we've got zero dollars spent from overtime, and I think we're 12 going on two years. And that's where initially the line item 13 would be funded from. And Professor Jackson wanted to say a 14 couple things. 15 MR. JACKSON: I want to comment on the -- the 16 security issue. I totally agree. I wish I could send them 17 over to the Sheriff before they come to my classes, because 18 some of the stuff that you learn in technology nowadays is -- 19 would give you access to very sensitive information, and they 20 have no business being in this program if they couldn't pass 21 his background check. And so we're very sensitive to that, 22 too. I don't think Schreiner would ever put up with me doing 23 a background check on the I.S. students, even though we have 24 to in the education now, but I don't think they'd put up with 25 that. But I'm very sensitive to what's he's saying. It's 4-23-12 24 1 just the type of thing that you can learn in these classes 2 that really -- you really need to be a very ethical person. 3 COMMISSIONER OVERBY: Dr. Jackson, how many folks 4 do you got in your department, students? 5 MR. JACKSON: In the majors right now, there's only 6 eight people. 7 COMMISSIONER OVERBY: Okay. 8 MR. JACKSON: What it amounts to is, I was hired 9 two years ago to come out and enhance, revitalize this 10 particular program. And that's why John said we needed a 11 couple years to get to this point. But we're rapidly getting 12 there and the program is getting stronger and more in-depth. 13 COMMISSIONER OVERBY: Okay, very good. 14 JUDGE TINLEY: John, you -- two questions. You 15 have the ability to structure this program so that these 16 individuals, even with extensive background checks, will not 17 have even view-only access to the justice side and the 18 Sheriff's side of it? 19 MR. TROLINGER: Affirmative, yes. 20 JUDGE TINLEY: Okay. With respect to the amount of 21 funds you have in your budget now for overtime for this year, 22 is that going to be adequate to fund the -- the internship 23 program for this budget year, the remainder of this budget 24 year? 25 MR. TROLINGER: I do not think it will. I think 4-23-12 25 1 we'll -- we'll have to talk to the Auditor and the professor 2 and see what we need to work out. But initially, to start 3 with, there is $1,800 in overtime that we could easily move 4 to the line item for -- or part-time, at least to get 5 started. 6 JUDGE TINLEY: Okay. 7 MR. TROLINGER: If we run out, we'll have to reset 8 until October. 9 COMMISSIONER OEHLER: Is there any other place in 10 your budget you can take the balance from? 11 MR. TROLINGER: Yes, we do have some operating 12 equipment, and -- and I'd expect towards the end of the year, 13 I'll end up with about $3,000 or $4,000 left in that line 14 item. 15 COMMISSIONER OEHLER: Could you make it sort of by 16 what you -- 17 MR. TROLINGER: We can make it work, and I'd really 18 like to make it work. I think this is just -- you know, 19 partnering with the local university is just the best thing 20 we can do, especially with I.T. 21 COMMISSIONER OVERBY: I'll just say, I'd like to 22 see us start with at least one student. You know, start slow 23 and go into it, but I think the opportunity to partner with 24 Schreiner is -- like you said, it's an opportunity we're 25 already doing with some of the other departments, but 4-23-12 26 1 long-term, that may be a really good thing to do. 2 MR. TROLINGER: Okay. 3 COMMISSIONER OVERBY: That's my opinion. 4 COMMISSIONER BALDWIN: When I hear you talk about 5 creating a line item for this, what I'm hearing you say is 6 we're talking about a permanent -- even though it's 7 part-time, a permanent position. It's not a seasonal thing 8 at all. 9 MR. TROLINGER: That's correct. 10 COMMISSIONER BALDWIN: We're talking about a 11 year-round, so we -- you're hiring a new person now. 12 MR. TROLINGER: Yes. There's no line item for 13 part-time -- 14 COMMISSIONER BALDWIN: When there's a hiring freeze 15 on. 16 MR. TROLINGER: There is no line item for part-time 17 right now, and we'd like a part-time line item, yes, sir. 18 COMMISSIONER BALDWIN: Okay. 19 JUDGE TINLEY: You had another question? 20 MR. HENNEKE: Well, and just to clarify, I 21 understand this is a summer job, at least for now, and my 22 question was, is this a -- and I think John mentioned, either 23 to me privately, or he already mentioned minimum wage. But 24 is this a 40-hour? A 20-hour? Because the -- 25 MR. JACKSON: 150 hours a semester. 4-23-12 27 1 MR. TROLINGER: 150 hours a semester. 2 MR. JACKSON: Per semester. 3 COMMISSIONER OVERBY: Fifteen weeks in a semester? 4 MR. JACKSON: Yes, sir. 5 COMMISSIONER OVERBY: Ten hours a week. 6 COMMISSIONER OEHLER: About 10 hours a week. 7 MR. HENNEKE: All right. And as long as it -- if 8 you have somebody on a part-time basis for a certain length 9 of time, then it may trigger health insurance, retirement and 10 so on, so forth. But as long as it's underneath 20 hours a 11 week, then that's, under our policy, a part-time position, 12 and we're just responsible for that FICA. 13 JUDGE TINLEY: And it's a temporary. 14 MR. HENNEKE: Correct. 15 JUDGE TINLEY: I think temporary and the number of 16 hours are the -- are the mileposts that you look for, if I'm 17 not mistaken. 18 COMMISSIONER BALDWIN: How is it temporary? What's 19 the definition of "temporary"? 20 JUDGE TINLEY: Well, we have some permanent 21 part-time people. 22 COMMISSIONER BALDWIN: Oh, god, I know. (Laughter.) 23 JUDGE TINLEY: And we pay benefits to those. 24 COMMISSIONER BALDWIN: So, is this a temporary, -- 25 JUDGE TINLEY: Some benefits. 4-23-12 28 1 COMMISSIONER BALDWIN: -- seasonal position, or is 2 it a year-round? We're going to continue this thing after 3 the summer is over? Are we going to continue it with another 4 person? 5 MR. TROLINGER: I would like to continue it. 6 And -- 7 COMMISSIONER BALDWIN: So it's not a seasonal 8 thing. It is a -- it's not a temporary position. It's a 9 full-time part-time. 10 COMMISSIONER OVERBY: There you go. 11 COMMISSIONER BALDWIN: Whatever. 12 JUDGE TINLEY: Commissioner, as to a particular 13 employee, however, I think you can classify it as temporary. 14 COMMISSIONER OEHLER: 'Cause they're going to 15 change -- it will be different people. 16 COMMISSIONER OVERBY: Right. 17 COMMISSIONER BALDWIN: But as far as budget's 18 concerned -- 19 COMMISSIONER OEHLER: As far as budget goes -- 20 COMMISSIONER BALDWIN: As far as budget's 21 concerned, which is our job, it's year-round. 22 JUDGE TINLEY: But you don't have to compute any 23 benefits that way. 24 COMMISSIONER BALDWIN: Yeah, I understand that. 25 JUDGE TINLEY: Even our -- 4-23-12 29 1 COMMISSIONER BALDWIN: Yet. 2 JUDGE TINLEY: -- our permanent part-time people 3 are eligible for retirement. 4 MS. LANTZ: Only retirement. 5 MR. TROLINGER: What I'm faced with on the -- on 6 the Help Desk side is, I've got about twice as much as we did 7 last year of requests for service, and they're just hard 8 problems that are taking more and more time, and we're really 9 behind. So I'm trying to anticipate, "Well, what if this 10 continues next year?" And that's what I'm setting up for. 11 What happens if this continues and -- and it doesn't let up? 12 COMMISSIONER BALDWIN: So, in the court order, do 13 you want -- do you want the -- where the money comes from to 14 shift, or do you want -- do we authorize the creation of a 15 line item, or do you automatically do that on your own? 16 MS. HARGIS: No, we authorize it. 17 COMMISSIONER LETZ: I look at this as a -- because 18 it is out of budget cycle, if we go forward with it, it's for 19 this summer only. 20 COMMISSIONER OVERBY: Right. 21 COMMISSIONER LETZ: And then reevaluate. 22 COMMISSIONER BALDWIN: Well, that's what I was 23 trying to head to, but I couldn't. 24 MR. TROLINGER: Right. Right. 25 COMMISSIONER OEHLER: And you can make it on what 4-23-12 30 1 you have within your budget? 2 MR. TROLINGER: Yes, sir. 3 COMMISSIONER OEHLER: Till the end of the budget 4 year? 5 COMMISSIONER LETZ: Only using your part-time line 6 item. 7 MR. TROLINGER: Okay. Okay. 8 SHERIFF HIERHOLZER: And no access to Odyssey. 9 MR. TROLINGER: Yes, affirmative. 10 JUDGE TINLEY: You say only -- only utilizing the 11 part-time funding. No other portion of his budget, then? 12 COMMISSIONER LETZ: No, 'cause I'm -- I just have a 13 little bit of a problem. We are under a hiring freeze, and 14 this is -- you know, we have another item coming up later 15 that I think is, personally, more needed than that, 16 certainly. 17 COMMISSIONER BALDWIN: Yeah, I agree. 18 COMMISSIONER LETZ: And, you know, we've held 19 everyone's feet to the fire on budget, and in personnel, so I 20 think you have the part-time line item. You need a part-time 21 line item. 22 MR. TROLINGER: Okay. Well, we have the overtime 23 line item. 24 COMMISSIONER LETZ: Or overtime. 25 MR. TROLINGER: Thank you. Yes, sir. 4-23-12 31 1 COMMISSIONER LETZ: $1,800. 2 COMMISSIONER OVERBY: That can be used through the 3 summertime. 4 MR. TROLINGER: That would get us started, yes, 5 sir. 6 COMMISSIONER BALDWIN: So, in the court order, we 7 need to create a line item. 8 COMMISSIONER LETZ: I'll make a motion to authorize 9 the I.T. Department to start an intern program, and 10 transferring the money from overtime to part-time for this 11 summer only, for a maximum of 10 hours per week. 12 COMMISSIONER OVERBY: I'll second that. 13 JUDGE TINLEY: Motion made and seconded as 14 indicated. You're talking about with Schreiner University? 15 COMMISSIONER LETZ: With Schreiner University, and 16 no access to Odyssey. 17 JUDGE TINLEY: Yeah. 18 COMMISSIONER LETZ: View or otherwise. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER LETZ: And the background check that 21 we've talked about. 22 JUDGE TINLEY: Any further question or discussion 23 on the motion? All in favor of the motion, signify by 24 raising your right hand. 25 (The motion carried by unanimous vote.) 4-23-12 32 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 MR. TROLINGER: Thank you for everything. 4 JUDGE TINLEY: Thank you. That will get you 5 started, John. Where you go from there is your problem. 6 Okay? Okay, let's go to our 9:30 timed item, which is an 7 order authorizing the issuance, sale, and delivery of up to 8 $6,500,000 in aggregate principal amount of Kerr County, 9 Texas Certificates of Obligation, Series 2012, securing the 10 payment thereof by authorizing the levy of an annual ad 11 valorem tax, and the pledge of certain surplus revenues of 12 the County's parks system, and approving and authorizing the 13 execution of a Paying Agent/Registrar Agreement, a Purchase 14 Contract, an Official Statement, and all other instruments 15 and procedures related thereto. This matter was placed on 16 the agenda by public notice to be heard at 9:30 this morning. 17 It is a bit past that time now; it is about 9:38. 18 Notwithstanding the fact that at 9:30, we were involved with 19 another agenda item, having called that item, that item will 20 be finally addressed at a -- at a reconvening of the 21 Commissioners Court meeting this afternoon at 1:30 p.m. for 22 final action upon that item. 23 Let's now go to the second 9:30 timed item, which 24 is to consider, discuss, take appropriate action on a request 25 from Hill Country Dog Agility to approve use of the Hill 4-23-12 33 1 Country Youth Exhibit Center for an event in April 2013. 2 Mr. Hanson. 3 MR. HANSON: Good morning, sir. 4 COMMISSIONER OEHLER: Good morning. 5 MR. HANSON: I've listened to some of the 6 discussions you've had about the new show barn, and one of 7 the things that I've noticed that's come up in discussion is 8 that you're now holding off on awarding contracts for future 9 events in the Ag Barn. We've used the Ag Barn for 10 10 years -- I guess 10 years now to hold dog shows twice a year. 11 We've worked with Tim and the people out at the Ag Barn. We 12 had our show Easter weekend, our last show, and one of the 13 vice presidents from the main organization came down to look 14 at the facility, with a view to awarding us a high level 15 competition -- a regional competition next April. So, I'm 16 here to ask the Court's permission to negotiate a contract 17 similar to what we've done for the past 10 years for the 18 first weekend in April to hold that event. We will be using 19 the indoor arena -- the indoor arena, and depending on how 20 the construction goes, either the new show barn for housing 21 exhibitors and vendors, or the exhibit hall, if that is still 22 in commission -- current exhibit hall if that's in 23 commission. 24 COMMISSIONER OEHLER: I've talked -- I visited with 25 David a while ago, and I think that, you know, they have -- 4-23-12 34 1 he says that they can use the show barn area in lieu of the 2 Exhibition Hall if it's no longer there. Which I don't have 3 a problem with that, because it's -- we've got to have it 4 done before the stock show, and I hope it gets done long 5 before that. So that facility should be available for him in 6 April. 7 COMMISSIONER LETZ: I don't have any problem with 8 it. I mean, it's -- to me, it fits the schedule. As long as 9 in the agreement, there's some flexibility as to access to 10 which -- 11 MR. HANSON: Yeah, we understand what -- you know, 12 what the issues are, and facing construction, and -- and I 13 know it should be all finished by the time in January for the 14 stock show. 15 JUDGE TINLEY: Your intent is, if -- and I 16 certainly hope this is the case -- the new show barn is 17 built, your preference would be to use that facility, as 18 opposed to the exhibit hall? 19 MR. HANSON: Yes, sir. 20 JUDGE TINLEY: Correct? Okay. We haven't -- we 21 don't have a rental rate on the new show barn yet. 22 MS. GRINSTEAD: No, but our main concern is they'll 23 be using the indoor arena for their show. 24 JUDGE TINLEY: Uh-huh. 25 MS. GRINSTEAD: You instructed me to not do any 4-23-12 35 1 contracts whatsoever on any events for 2013, so I told him he 2 had to go here so I can do -- 'cause they're most concerned 3 with that indoor arena, and then we'll just back up for, I 4 guess, housing the dogs -- I don't know if that's the proper 5 term -- in the other -- 6 MR. HANSON: That's good enough. 7 MS. GRINSTEAD: -- the other facilities. But I've 8 been told no contracts whatsoever, so I told him even to get 9 the indoor arena, he's got to come talk to you. 10 COMMISSIONER LETZ: Yeah. I think -- I don't have 11 a problem with the request, and I think we probably ought to 12 put it on the next agenda to look at our policy for next 13 year, as to how we're going to handle leasing out there, 14 because I think we have -- we have much more of a plan and a 15 schedule now than we -- when we put the moratorium on it. 16 COMMISSIONER OEHLER: Right. 17 COMMISSIONER BALDWIN: I just wanted to say that 18 David's group -- I didn't realize it was ten years, but it's 19 been a long time, and they're -- and far as I'm concerned, 20 this one of our preferred customers out there. 'Cause it's 21 always been a good relationship of coming in and leaving, 22 and -- and I go to their functions, and there's always a 23 large group of citizens out there, and it's a neat thing to 24 see. 25 COMMISSIONER LETZ: But "preferred" doesn't mean 4-23-12 36 1 reduced rate. 2 COMMISSIONER BALDWIN: No. No, but getting them -- 3 getting them in the building. 4 COMMISSIONER LETZ: I just wanted to make sure. 5 COMMISSIONER OVERBY: That's good. 6 JUDGE TINLEY: This is the guy that squeaked when 7 he walked in. I don't see a problem nailing down the use of 8 the indoor arena on the first weekend -- 9 COMMISSIONER BALDWIN: Yeah, I don't either. 10 That's it. 11 JUDGE TINLEY: -- in April, so that -- to make sure 12 that, at least for planning purposes, you know you have that 13 facility. 14 MR. HANSON: Right. 15 JUDGE TINLEY: Insofar as working out the details 16 of either/or, I think we need to -- we got more work to do up 17 here. Now, I apologize for that, but -- 18 MR. HANSON: I understand that during construction, 19 things change a little bit, and having been at different 20 meetings, hearing, listening to you discuss the issues, that 21 it's still not set in concrete. 22 COMMISSIONER OEHLER: It could be that in April -- 23 you know, we're talking about this time of year a year from 24 now. The exhibit hall may still be standing, or it may not 25 be. 4-23-12 37 1 MR. HANSON: I understand, right. 2 COMMISSIONER OEHLER: I would say the chances of it 3 still standing are 50/50. 4 JUDGE TINLEY: Yeah. 5 COMMISSIONER OEHLER: And if it's not standing, 6 that means that the other one's built, ready for use. 7 JUDGE TINLEY: Mm-hmm. 8 COMMISSIONER OEHLER: But I'm fine with waiting 9 till we nail down a -- 10 COMMISSIONER LETZ: Yeah. 11 JUDGE TINLEY: But I think for planning purposes, 12 what he needs to know now is that he's got that indoor -- 13 that indoor arena nailed for the first weekend -- 14 MR. HANSON: Right. 15 JUDGE TINLEY: -- in April, so that he can let his 16 state and national associations know about the existence of 17 the event so they can start planning for their competitors 18 and all the other stuff. 19 MR. HANSON: Right. They're expecting to make an 20 announcement about the first -- early May, anyway, so that's 21 one of the issues. 22 COMMISSIONER OVERBY: We need -- 23 JUDGE TINLEY: Early May is right around the 24 corner. 25 MR. HANSON: Yes, sir, it is. 4-23-12 38 1 COMMISSIONER OEHLER: Well, I'll move that we allow 2 the dog agility folks to utilize the indoor arena in April of 3 2013. 4 JUDGE TINLEY: First weekend. 5 COMMISSIONER OEHLER: First weekend. 6 MR. HANSON: I believe it's the first weekend, yes, 7 sir. 8 JUDGE TINLEY: You believe it is, or it is? 9 MR. HANSON: It is. 5 through 7. 5 through 7 is 10 the dates I was given. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER LETZ: Second. 13 JUDGE TINLEY: Motion made and seconded as 14 indicated. Question or discussion? All in favor, signify by 15 raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. 20 MR. HANSON: Thank you. 21 JUDGE TINLEY: Thank you, sir. Let's go back to -- 22 let's go to Item 7, which is our third 9:30 timed item, a 23 presentation regarding Texas AgriLife Extension, Kerr County 24 interpretation. Mr. Walston, does the State -- do the State 25 folks allow you guys, 254 of you, just to make your own 4-23-12 39 1 interpretation of what they got going on, or how does that 2 work? 3 MR. WALSTON: They do -- they do request that we 4 come quarterly, is what they would like, is for us to present 5 a quarterly interpretation to the Commissioners Court, the 6 stakeholders, so that y'all understand what we're doing in 7 our offices. And I realize not many -- not all counties are 8 as fortunate as we are to have a set of commissioners that 9 are as involved in our programs as y'all are. 10 COMMISSIONER BALDWIN: With such integrity. 11 (Laughter.) 12 JUDGE TINLEY: What -- how do we define 13 "interpretation," I guess, is my -- 14 MR. WALLACE: Interpretation is basically, we want 15 to tell you the story of what we're -- what we're doing. 16 JUDGE TINLEY: Okay. 17 MR. WALSTON: We're going to interpret what's going 18 on in our office. 19 JUDGE TINLEY: All right. 20 MR. WALSTON: And thankful to y'all, we have now -- 21 we now have a full office, and we appreciate it. And Angela 22 Fiedler, FCS agent, is here with us, and she's got programs 23 going, and she's hit the ground running. And with that, we 24 don't want to take up a lot of your time, but we would like 25 the tell you a few things that we've got going that we've 4-23-12 40 1 started on since the first of the year. And with that, I'd 2 like to ask Angela to come forward and spend just a little 3 bit of time on what she's got going. 4 MS. FIEDLER: Well, I'm going to tell you the truth 5 about interpreting. It was crazy last week in that office. 6 So -- and Laurinda is like, "It's not always this crazy." I 7 don't know about that. It's very busy. So, I just started 8 April 1st -- or April 2nd, rather, on that Monday, but I have 9 been busy already. One of the programs that I have been 10 doing, though, even before, was the Food Protection 11 Management program, and I'm continuing to do that here in the 12 county, to train your managers -- your food managers, make 13 sure your food is safe. So -- and one of the things that we 14 can do there is also for food handlers, so that's one of the 15 programs that I was able to do all through last year, and so 16 I was able to get 12 of your folks certified in 2011. 17 COMMISSIONER OVERBY: How many folks? 18 MS. FIEDLER: Twelve. 19 COMMISSIONER OVERBY: Twelve, okay. 20 MS. FIEDLER: Mm-hmm. But I hope to get a lot more 21 now that I'm here. 22 JUDGE TINLEY: From an inspection standpoint, 23 facilities out in the county, we get this question frequently 24 from calls into our office about you have a -- you have a 25 food -- retail food operation that's outside the corporate 4-23-12 41 1 limits of the city of Kerrville, and they say, "Who do we 2 call?" Who does this? 3 MS. FIEDLER: That's the State. I know that's 4 unfortunate, 'cause we don't have a county health inspector; 5 we only have a city health inspector. But I still have 6 certified some of those establishments. 7 JUDGE TINLEY: Who does those inspections? 8 MS. FIEDLER: You have to visit with the State. 9 JUDGE TINLEY: Okay. 10 MS. FIEDLER: They send out somebody statewide, and 11 it could be someone different every time, so that's hard. 12 And they don't come very often, because we're a pretty good 13 ways from Austin, Texas. 14 COMMISSIONER OVERBY: Are they required to do an 15 annual checkup? 16 MS. FIEDLER: They should. And, really, they 17 should be doing them twice a year. 18 COMMISSIONER OVERBY: Okay. Okay. 19 MS. FIEDLER: So -- and we can visit more about 20 that. 21 JUDGE TINLEY: Okay. 22 MS. FIEDLER: So, I would like -- I would like 23 that. And I'd like to see that -- you know, it's kind of 24 neat to see even those places that they know that they aren't 25 going to be getting inspected, but they're doing it because 4-23-12 42 1 they want to. They want their food to be safe, and they want 2 good business. So, that's a great program. And then Better 3 Living for Texans, I have to plug in this one. That is for 4 our low-income audiences, which I'm going to have a lot of 5 work with Kerrville ISD, and really all the schools here in 6 this area, Headstart, any type of Meals on Wheels program. 7 So, those are some things that I'll be teaching nutrition, 8 how to stretch your food dollar, and just good nutrition to 9 those folks. So, I've been able to already reach 118 youth 10 with one of the local centers here in the county. 11 And then Walk across Texas, we kicked that off at 12 the first of April, and so I'm happy to say we have 88 folks 13 at the state school that are being physically active and 14 trying to get their -- their mileage in there. And with 15 that, I send out a newsletter, a health newsletter to those 16 folks, and then I've offered to go, and hopefully I'll get to 17 do some programs for them. But it's an 8-week program, so 18 we'll finish that up at the end of May, and so maybe I'll let 19 y'all know more about that, how many miles they've walked. 20 And then the next thing is our child care providers' 21 conference, which we've been doing for quite some time here, 22 and we've been hosting it here in this county. So, I'm glad 23 that I'm here and I can be a help or a resource to all those 24 child care providers. 25 They have to have educational units every year, and 4-23-12 43 1 that need has gone up; the State has increased that just this 2 past year, and directors now have to have 30 hours. So, we 3 have introduced the directors' conference as well, and to get 4 those folks trained as well. So, we do the directors' 5 conference usually in January, and then we'll do the child 6 care providers' conference in September. So, anyway, we 7 reach a lot of folks through that program at Schreiner. So, 8 anyway, I'm excited to be here. Like I said, last week, you 9 need your running shoes, 'cause it was a little crazy. So -- 10 but I like it. It's a great place to be, and happy to be 11 here. Right now I'm just trying to get around to all the 4-H 12 clubs, and there's a lot of them, and sometimes there's 13 multiple meetings on -- on one night. So, I have one 14 tonight, tomorrow night, and Wednesday night, so hopefully I 15 won't have too much gray hair by the time this is over with. 16 COMMISSIONER OVERBY: I gather that you have your 17 e-mail and your computer working now? 18 MS. FIEDLER: Well, thank you. Yes, we have my 19 computer up and running. 20 COMMISSIONER OVERBY: Good. 21 MS. FIEDLER: And, actually, Roy made a comment 22 this morning, 'cause it's sitting right in the front. You 23 can see all the wires, so I couldn't stand it. He's like, 24 "Where's your desk?" And I have flowers and something -- 25 you'll have to come by and see it. 4-23-12 44 1 COMMISSIONER OVERBY: All right, good. 2 MS. FIEDLER: But, anyway, I'm having fun. 3 MR. WALSTON: I'd like to ask Laurinda Boyd to give 4 her 4-H report. 5 COMMISSIONER OEHLER: You need to put a roller on 6 your shoe. 7 MS. BOYD: I tried to kick Roy, and he kicked me 8 back. So, yeah, I was thinking about duct-taping -- you 9 know, a roller skate would be great. We are, of course, 10 moving and hopping and going fast and furious like we always 11 do. We -- just this last weekend, we had our district 4-H 12 roundup in Comfort, which was really very nice. They have a 13 great high school. And we had our -- two of our senior 4-H 14 division kids, Leah Bauer and Ethan Muehlstein, qualified to 15 go to state with their educational presentation, and they not 16 only won first, but they won sweepstakes, so that's pretty 17 exciting. Then we had a young lady that was in public 18 speaking in intermediate, and she won first place in public 19 speaking. So, they did great. 20 And then we recently had our judging contest, and 21 we have second place in wool, senior team, and first place in 22 mohair, and second place in mohair. So, in June, we are 23 going to be taking 13 teenagers to Lubbock for state contest. 24 Yes, prayers are needed. Thank you. (Laughter.) Okay. So, 25 what's coming up, the best event, one of the things we do 4-23-12 45 1 every year, we've been doing for about 23 years, is our Ag 2 Awareness program, which we co-sponsor with the Kerr County 3 Farm Bureau, and that will be Tuesday, May the 1st, out at 4 Camp Rio Vista. And what I handed out to y'all was the 5 packet that I send out to the teachers, and it just states 6 the time and -- different items, gives them some educational 7 resources to go to if they want to do some curriculum in the 8 classrooms, and also a map of all of our station. And we 9 would love for y'all to come out on Tuesday. It's -- pretty 10 much everything is going wild and furious from about 9:00 to 11 1:00, so if you come anytime during that time, we'd love to 12 have you. And then we have volunteers that come and do a lot 13 of the educational stations, and then about five of the 14 educational stations are done by our senior-age 4-H'ers. 15 And -- but our teachers have the option of using this other 16 curriculum I have included, and then also they'll use some of 17 their students to do these evaluations to see the growth from 18 before the time they came to Ag Day, and then after Ag Day. 19 So, we have about 500 area fourth graders come every year, 20 and it's a really exciting day. And the main thing is that 21 we're just making sure these kiddoes understand where -- you 22 know, that everything they eat, drink, wear, do, is affected 23 by agriculture, and that's what's really important. So -- 24 COMMISSIONER BALDWIN: Yeah, cool. 25 MS. BOYD: So we hope you'll come out and join us, 4-23-12 46 1 and it's a really great, fun day. And pray for wonderful 2 weather. Thank y'all. 3 COMMISSIONER OVERBY: Thank you. 4 COMMISSIONER BALDWIN: Thank you. 5 COMMISSIONER OEHLER: Maybe Johnny Hawkins will be 6 out of town that day. 7 MS. BOYD: No, I hope not. 8 MR. WALSTON: Well, thank you. I just wanted to 9 give you a little bit of an update on -- on the trifold that 10 I gave you. We've been busy since January, not only with 11 stock shows, and we had a large turnout; we had right at 50 12 4-H'ers attending the San Antonio Stock Show. That was about 13 a three-week program. Really had some good luck this year 14 with the livestock projects with Fort Worth, San Antonio and 15 Houston and Austin. Placed -- the youngsters and 4-H members 16 placed a good number of animals. I don't have a dollar value 17 on that for you, but we had a really good year. Also, at San 18 Antonio, Amanda Weaver, one of our graduating seniors, won 19 the $10,000 wool judging scholarship, and so we were proud of 20 her for that. 21 Also in January, the program that Jonathan had 22 mentioned last time I was with y'all, a Fire-Wise 23 Preparedness program with U.G.R.A., we worked on that and got 24 that put together with U.G.R.A. with the help of Headwaters 25 Groundwater Conservation District. Had an excellent program, 4-23-12 47 1 an excellent turnout. Texas Forest Service came in and did a 2 program on -- on the Fire-Wise Preparedness, and a lot of 3 what they learned this year, mainly from Bastrop fires, as 4 well as west Texas fires, and did an excellent program, as 5 well as a lot of our local speakers. Ray also was there 6 helping with the presentation, as well as the Headwaters and 7 -- and the U.G.R.A. Even talked Harvey Hilderbran into 8 getting up and giving a little talk for a little while. So, 9 had 170 homeowners there that night; filled up the U.G.R.A., 10 and it was -- it was a good one. 11 COMMISSIONER BALDWIN: Did you have a hard time 12 getting Harvey up to say a few words? 13 MR. WALSTON: Yeah, I did. I just asked him, and 14 he didn't -- didn't have a problem. 15 JUDGE TINLEY: Once he did the nose count, it came 16 easy, huh? 17 MR. WALSTON: Yeah. 18 JUDGE TINLEY: I see. 19 MR. WALSTON: Which, actually, it was -- it was 20 very informative to find out, you know, kind of what was 21 going on budget-wise and how the budget -- the state budget 22 was affecting some of Texas Forest Service and what the fires 23 were -- what was going on. 24 COMMISSIONER OVERBY: It was a good program. 25 MR. WALSTON: It was. 4-23-12 48 1 COMMISSIONER OEHLER: Yeah, it was. 2 MR. WALSTON: We also -- in February, we had -- 3 we've had some horticulture programs, fruit tree, nut tree 4 management program, a pruning workshop here. Just last week 5 in April, we had a grafting workshop with Larry Stein coming 6 in, working with our folks that are interested in pecans and 7 fruit trees. Larry always does an excellent job, and we 8 usually do those in field day atmospheres, where people are 9 actually getting out and getting their hands on, seeing how 10 things are pruned, and it's always a very successful program. 11 Also, we had a predator awareness workshop in March, March 12 27th. That was a cooperative effort with Real and Edwards 13 County, primarily working on predator management, M-44 14 training, as well as trapping, snaring, and some various -- 15 feral hogs, feral hog management was another issue. Also 16 asked Sheriff Rusty Hierholzer to come in and talk about 17 feral dogs and management of feral dogs, and how -- the 18 legalities of that aspect. So, it was an excellent program. 19 We had right at 50 producers that attended. It was 20 held out at Kerr Area. They have a great facility that -- 21 and great resources. We're very fortunate to have Kerr Area 22 here to utilize. We've got a program coming up here April 23 the 27th, partnering with the Kerr County Soil/Water 24 Conservation District. It, as well, will be at the Kerr 25 Area, and we'll be basically discussing range management 4-23-12 49 1 principles and how we can start utilizing, or how we can 2 evaluate our range following the drought conditions, and what 3 situation we're in. Where are we going to be going? How can 4 we learn to read our plant utilization? To help determine, 5 both from a wildlife standpoint, as well as from a livestock 6 standpoint, on plant utilization and -- and really what 7 condition our range is in. 8 COMMISSIONER LETZ: Roy, are you going to talk 9 about just maybe a hint of how you get weeds under control 10 after -- after the drought? 11 MR. WALSTON: We can. 12 COMMISSIONER LETZ: I think it would be a good 13 topic. Weeds are just -- are everywhere. 14 COMMISSIONER OVERBY: They're bad. 15 COMMISSIONER LETZ: They're really, really bad. 16 Even people that have done real good grazing management, 17 there is just more star thistles and just every kind of weed 18 you can imagine. 19 MR. WALSTON: You bet. And it's -- you know, it's 20 one of those things that it's -- it's nearly after the fact 21 before you realize how bad it is, and then you're trying to 22 play catch-up. And -- but this year with the drought, we did 23 have a lot of clover, and we had some good forbs, but we had 24 a lot of thistles, too. And so -- 25 COMMISSIONER BALDWIN: What about cactus 4-23-12 50 1 eradication? Do we ever talk about that? 2 MR. WALSTON: Uh-huh. We're going to be 3 covering -- basically, Bob Lyons is going to be covering 4 brush and weed control, and -- 5 COMMISSIONER BALDWIN: At this? 6 MR. WALSTON: At that, mm-hmm. He'll be covering 7 various topics on -- on mesquite, prickly pear, and we kind 8 of turn him loose with that. If people have questions, we 9 can -- we can go from there. And so there are a lot of new 10 chemicals that are out there for people without applicator 11 licenses that they can utilize especially for weed control, 12 and as well as on prickly pear. So, that's going to be on 13 April the 27th. We'll be giving some continuing education 14 units for private applicators at that as well. And then 15 we've got a partnership program with the Texas Forest 16 Service, Parks and Wildlife. It's a collaborative effort 17 with -- with us and NRCS. We've all come together and 18 planned a new landowner -- a new landowner program. That 19 will be on May the 5th at the Cailloux Center. It's going to 20 be an all-day program. It's going to be free of charge. 21 We're going to have booths. 22 Primarily, these are all going to be nonprofit; 23 NRCS, Forest Service, AgriLife Extension, Texas Parks and 24 Wildlife. The various agencies will be setting up booths, 25 and we'll have a full day of speakers. And we've got an 4-23-12 51 1 excellent group of speakers that are going to be coming that 2 day to talk about everything from landowner liability with 3 Judon Fambrough, and if y'all haven't had an opportunity to 4 listen to Judon on landowner liability, he's well worth the 5 time. As well as everything that -- from brush control, 6 wildfire preparedness, Mary Kay with Texas Forest Service, 7 we're going to cover wildfire preparedness again. And we've 8 got, like I say, a full day of programs that's going to be 9 covered, so a lot going on in the area of ag natural 10 resources, and a lot of programs. So, if y'all have any 11 questions or suggestions, we'd sure be glad to add them to 12 it. Thank y'all. 13 COMMISSIONER BALDWIN: Very good. Thank you. 14 JUDGE TINLEY: Questions? 15 MR. WALSTON: Yes, sir? Questions? 16 JUDGE TINLEY: Thank you, sir. Appreciate it. 17 MR. WALSTON: Thank you. 18 COMMISSIONER OVERBY: I now know what 19 "interpretation" means. 20 COMMISSIONER BALDWIN: Yeah. 21 JUDGE TINLEY: Okay. Let's go to our 10 o'clock 22 timed item, which is Item Number 12; to consider, discuss, 23 take appropriate action on a request from Joel Ayala, 24 Constable, Precinct 2, for private office to conduct 25 business. 4-23-12 52 1 COMMISSIONER OVERBY: Judge, Joel is not here right 2 now, but I visited with him last week, and talked with the 3 Sheriff. One of the -- one of the issues with the 4 constable's office out at the Precinct 2 area at the jail 5 area, of course, is there's been a problem in having kind of 6 a secured area for an office where he can have -- to work, to 7 do his paperwork and those type of things. As you know, if 8 you've been out there, it's next to the room out there. It's 9 adjacent to the courtroom, and when they have court out 10 there, it's used often by the attorneys and folks coming in 11 and out of the hallway. It's an area that has a lot of use. 12 We talked about it last year, and I told -- and asked him to 13 just take a look at it. Let's see if we can work with it 14 this last year, and see how you can do with that and see if 15 that issue would be resolved or would lessen, you know. And 16 he's concerned about securing what he has in there. And, 17 basically, the need to -- since it's being used a lot more -- 18 and, again, he's not in the office a lot, but he does need to 19 have a place where he can come and do his paperwork and those 20 type of things. It's become more of an issue here recently, 21 and it's increased its situation there. 22 And so one of the things that we looked at, and I 23 talked with the Sheriff over there last week, was to see if 24 there was, in the annex building, a small office space that's 25 not being used currently right now, that potentially, if the 4-23-12 53 1 constable can relocate his office out of that area next to 2 our J.P.'s office to a smaller office where he could have a 3 little smaller area to do his paperwork and those type of 4 things. Again, he's out on the road a lot, streets and those 5 things, but we do need to have an office space that can be 6 secured. I think it's just been an issue that we need to 7 talk about. They've used this office for a long time next to 8 J.P. -- the J.P.'s' office, and it's connected with the 9 courtroom. So, I just needed to see what the Court would 10 think about if we relocated him across to the annex building. 11 I think we -- Rusty, you had talked about there was a small 12 room there. You might address what might potentially be that 13 we could discuss if we relocate him. 14 SHERIFF HIERHOLZER: We do have -- that annex was 15 built, thank goodness, with extra office space in it, and we 16 do have a couple extra investigator-type offices there, just 17 small, located by the back door of that annex that he could 18 use. Okay. You know, I still -- I have a lot of policies, 19 and I don't -- I know I don't have any control over Adult 20 Probation, what they bring in, but what you bring in when you 21 come in on the law enforcement side of it, I would have my 22 concerns and security concerns and what's stored in the 23 office and things like that, that there would have to be an 24 understanding about. You got two elected officials doing it, 25 but I've got it inside a security part of the office that I 4-23-12 54 1 would -- would want to make sure that we work out those -- 2 those concerns, and access to those offices. I mean, it's 3 not going to -- I would totally be against changing locks on 4 that. Probation doesn't do it. I do have access to every 5 office in that entire building, just because of different 6 issues that can come up. And those would be my concerns. 7 Now, true, Joel's not in there very much at all. 8 JUDGE TINLEY: Question. Do you have policies in 9 place in terms of use of the office areas and what is or is 10 not permissible in terms of conduct, or what kind of items of 11 property are permissible or not permissible? Do you have 12 those in place? 13 SHERIFF HIERHOLZER: A lot of those -- actual 14 written policies? No. Verbal policies, yes, that we've 15 done, and just security practices that we've done all the 16 time. You know, like their current offices, you know, the 17 J.P. and that, we can't even get access. They've got a door 18 look on that that I can't even get into that building if I 19 needed to, or that part of it, which I don't approve of. And 20 we've had some issues with that. But in ours, there's a lot 21 of security issues on the type of -- especially when they get 22 over on the investigative side and that, on the type of 23 people that are allowed to come into there, okay. It is 24 controlled access only into our part of there. And I have 25 all kinds of evidence -- written evidence policies on where 4-23-12 55 1 evidence is stored. It's not stored inside an office, things 2 like that. So -- so we do have that, Judge. It's all tied 3 into different law enforcement policies. One may deal with 4 evidence, one may deal with -- with building security, one 5 may deal with -- with access, you know, security. There's a 6 lot of different ones that it would take in that area in our 7 policy manual that's about 3 inches thick. 8 JUDGE TINLEY: Have you had any -- any opportunity 9 to have a discussion with Constable Ayala about the 10 possibility of working out some arrangement with him? 11 SHERIFF HIERHOLZER: I've not been asked by him, 12 have not -- did not know anything till I saw the agenda, and 13 then got a call from Commissioner, Precinct 2. I have not 14 heard anything about it until those two instances. 15 JUDGE TINLEY: Don't you think it would be 16 appropriate, before proceeding, that if there's going to be 17 consideration for anybody to have an office within the 18 confines of your investigation portion of that new annex 19 building, that you have a little sit-down and discussion, and 20 hopefully meeting of the minds about that? 21 SHERIFF HIERHOLZER: I couldn't agree with you 22 more. That was the whole deal when this came up. 23 COMMISSIONER OVERBY: I'll be glad to, Sheriff, 24 participate with you in that. Again, the item again came 25 back on the agenda, and Joel was supposed to be making a 4-23-12 56 1 presentation here today, but we do have a situation that we 2 can see if there's a possibility that we can find an 3 alternative, and I'll look forward to working with you on 4 that to visit with him. 5 SHERIFF HIERHOLZER: I don't necessarily disagree 6 with Joel because of the way his little office is, and we're 7 using that courtroom more and more for the district court and 8 that, and the visiting judge comes and goes, and there's a 9 lot of traffic in and out of there. And I think they kind of 10 use his office as a little kitchen for the J.P., so he's kind 11 of collecting a lot of stuff in there. I don't necessarily 12 disagree with what he's wanting to do, but there would have 13 to be some good understanding before I'd just -- yeah. 14 COMMISSIONER LETZ: Is there an option to do any 15 space at the Ag Barn? I mean, I don't know that he needs to 16 be in a law enforcement building. I'm -- certainly, the 17 other constables are, like, here in the courthouse. But the 18 Ag Barn's a County-owned facility that -- I mean, it's 19 something to look at. And also, there's a Center Point 20 office, where you have an office in Center Point. So, I 21 mean, I think that, you know, there are other options, and 22 maybe you can visit with him about if any of those -- figure 23 out what works best for him. 24 COMMISSIONER OVERBY: I think that's -- I think -- 25 Commissioner Letz, I think that's a good idea. We can 4-23-12 57 1 discuss it. And I think visiting with the Sheriff on those 2 options and see what we can do to figure out. The proximity 3 was just trying to keep the location near the J.P.'s office 4 and that area, as far as Precinct 2 is concerned. That was 5 the -- the main -- trying to keep it nearby. 6 COMMISSIONER LETZ: Right. 7 COMMISSIONER OVERBY: But I think that we can visit 8 with the constable, Sheriff, and look at those options and 9 see what we might look at. 10 COMMISSIONER LETZ: Okay. 11 SHERIFF HIERHOLZER: And curiosity is -- where 12 exactly does that precinct line run right through there? You 13 know, I mean, did it take in just the corner of that 14 building, and the annex itself technically is in 3? I don't 15 know where -- when it was redrawn, where Precinct 2 actually 16 runs. 17 COMMISSIONER LETZ: I think it's Main Street. 18 SHERIFF HIERHOLZER: And is he required to actually 19 have an office inside his precinct? 20 MS. HARGIS: Yes. 21 SHERIFF HIERHOLZER: I know he's required to live 22 in it, but is he required to -- 23 COMMISSIONER OVERBY: You have to have one in the 24 precinct. 25 SHERIFF HIERHOLZER: Okay. I don't know how that 4-23-12 58 1 works, but I think that needs to be looked at closely. 2 COMMISSIONER LETZ: I mean, Main Street's the line. 3 SHERIFF HIERHOLZER: I know it was redrawn so 4 that -- you know, one of the deals was so J.P. 2 could be 5 there, okay. Because -- 6 COMMISSIONER OVERBY: We'll follow up with him. 7 Okay. 8 JUDGE TINLEY: Any more questions on that 9 particular item? Let's go to Item Number 2; to consider, 10 discuss, and take appropriate action to decommission the 11 existing well on Youth Exhibit Center property to accommodate 12 proposed new construction, and authorize the County Judge to 13 apply for a permit from Headwaters Groundwater Conservation 14 District for a replacement well on the Hill Country Youth 15 Exhibit Center property. Commissioner Oehler? 16 COMMISSIONER OEHLER: You pretty well covered it. 17 It looked like last week that there was a possibility that 18 the well might not be under the new building when it's 19 constructed, but I confirmed this morning with the new survey 20 that it will be about 6 feet into the building, so we will 21 need to go ahead and -- and plug it. And then I think 22 Jonathan and I talked -- be a good idea to maybe get a 23 replacement or permit for a replacement well. Talked to Gene 24 at Headwaters, and he said they would waive all the fees for 25 a replacement well. And he's also working with me to figure 4-23-12 59 1 out -- once we get the -- I think it still has a pump in it. 2 It never was pulled out, and we need to get a well company to 3 come out there and do that. Headwaters would like to know 4 how deep it is, and so we -- so we know how much to buy to 5 plug it with. It's something we can do ourselves. And they 6 will file the necessary paperwork with T.C.E.Q. to let them 7 know that the well has been plugged and abandoned. So -- 8 COMMISSIONER LETZ: One -- the reason for the 9 replacement well -- and I thought about it since then. I'm 10 not sure we necessarily need the application in, but I think 11 we need an agreement from Headwaters that it's grandfathered. 12 I'm not sure where we're going, you know. I just hate to 13 lose the -- 14 COMMISSIONER BALDWIN: Absolutely. 15 COMMISSIONER LETZ: -- the ability to have a well 16 on this property. 17 JUDGE TINLEY: Status. 18 COMMISSIONER LETZ: The status we have. We have a 19 well out there. We haven't used it that much. It is used 20 right now by Headwaters for a monitor well. I think it's 21 real important that we -- I know you're under their rules. I 22 believe under their rules, they give the ability to always 23 replace an existing well, and I think we just need to make 24 sure that we have the ability to replace that well at some 25 point in the future. It shouldn't be an issue. We have 4-23-12 60 1 enough acreage there, certainly. 2 COMMISSIONER OVERBY: Is that the original? 3 COMMISSIONER OEHLER: The only well that we have on 4 that side of the highway, to my knowledge. We never had -- 5 we haven't used it for a long time, but actually, Headwaters 6 was to go out and drop a rod in it, see how deep it was, and 7 the plate is welded on top, and there's still a tee on top of 8 it like there is a pump. I don't know why the tee would be 9 there if there's no pump on it. But it's also tack-welded; 10 it needs to be cut and pull whatever's in there out. And 11 that's going to -- that won't cost a lot of money, but I 12 think we need to authorize -- that needs to be authorized 13 through the Court, or anybody that wants to, to contact a 14 well company to pull it and -- and get it ready to abandon. 15 JUDGE TINLEY: Funding for the decommissioning -- 16 the pulling of the pump and pipe and so forth and the 17 decommissioning, where would that come from? 18 COMMISSIONER OEHLER: Have to come out of the 19 parks, is what I -- where I would take it from. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER OEHLER: Basically, maintenance. I 22 know we had -- there's adequate money. 23 JUDGE TINLEY: You got a few bucks in there to do 24 that? 25 MS. HARGIS: We put 25,000 in there. 4-23-12 61 1 COMMISSIONER OEHLER: Yeah. We're not talking 2 about more than probably $300 or $400, maybe $500 to do that. 3 It's not an expensive thing to have it -- have it removed, 4 and just depends on what's in there. We may want to hang 5 onto that pipe and wire, because that's expensive wire, and 6 runs down that hole in that pump. 7 COMMISSIONER LETZ: You might just check with 8 Headwaters as to whether we need to do a new permit, or 9 whether we can get something from them in writing that we're 10 grandfathered and we can always drill another well. 11 COMMISSIONER OEHLER: Okay. Gene's willing to work 12 with us any way we want to; he has no problem with that, with 13 even giving us a permit and waiving the fees as a 14 replacement. 15 COMMISSIONER LETZ: But I -- I mean, there's no 16 plan to drill a new well at this point. 17 COMMISSIONER OEHLER: No. I have no -- no, we 18 don't need to be spending money drilling a well right now. 19 COMMISSIONER BALDWIN: Would you put "not to exceed 20 $500" in the court order? 21 COMMISSIONER OEHLER: Let's go 750, just -- I just 22 don't want -- 23 COMMISSIONER BALDWIN: Just a number. I'm not real 24 concerned about -- 25 COMMISSIONER OEHLER: Right. 4-23-12 62 1 COMMISSIONER BALDWIN: -- how much, but just a 2 number. We don't want to leave everything just open-ended. 3 COMMISSIONER OEHLER: I'd say a max of 750. I 4 don't think it takes that much, but I don't want to be five 5 dollars short and have to come back to the Court, not be able 6 to get it done. 7 COMMISSIONER LETZ: Is that a motion? 8 COMMISSIONER OEHLER: I'll move that we authorize 9 $750 maximum to remove pump, pipe, and wire from the existing 10 well at the Hill Country Youth Exhibit Center. 11 COMMISSIONER LETZ: Second. 12 JUDGE TINLEY: Motion made and seconded as 13 indicated. Were you planning to make a separate motion on 14 the -- 15 COMMISSIONER OEHLER: Yeah. 16 JUDGE TINLEY: Okay. Further question or 17 discussion on that motion? All in favor, signify by raising 18 your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion does carry. Any other 23 motions? 24 COMMISSIONER OEHLER: I'd also make a motion that 25 we contact Headwaters -- or I contact Headwaters to ask for a 4-23-12 63 1 letter or a permit for a replacement well in the future. 2 COMMISSIONER LETZ: Second. 3 JUDGE TINLEY: Motion made and seconded as 4 indicated. Question or discussion on that motion? All in 5 favor, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion does carry. 10 MS. HARGIS: I hate to break in, but if we could go 11 back to the item about the -- the bond sale that we're 12 currently under, I just received a phone call, and wanted -- 13 we had discussed in the sale of this -- 14 JUDGE TINLEY: Let me recall the item first, okay? 15 First, let me ascertain -- anything else in connection with 16 Item Number 2? Okay. Let's move again to Item Number 5, the 17 order authorizing issuance, sale, and delivery of up to 18 $6,500,000 in aggregate principal amount of Kerr County, 19 Texas Certificates of Obligation, Series 2012, securing the 20 payment thereof by authorizing a levy of an annual ad valorem 21 tax and pledge of certain surplus revenues of county parks 22 system, and approving and authorizing execution of a Paying 23 Agent/Registrar Agreement, a Purchase Contract, an Official 24 Statement, and all other instruments and procedures related 25 thereto. Okay. 4-23-12 64 1 MS. HARGIS: I just received a telephone call from 2 our financial adviser concerning the call date. We had 3 originally wanted to make sure we had a call date which was a 4 10-year call date, and that's a standard call date with no 5 charge. We also asked him to consider a 5-year call. He 6 just called and told me that that cost would be about 7 185,000. I don't think -- I made the decision not to do 8 that, because I think that's pretty expensive in the overall 9 issue, because in five years, we will be out of that 10 double-layer situation. And for a hundred -- that's pretty 11 expensive to have the 5-year call date. But if you want 12 that, I need to call him and -- and tell him to put it back 13 in. 14 JUDGE TINLEY: Any member of the Court have any 15 particular input with respect to putting a 5-year call, which 16 would -- bear in mind, that would be after 2016, which is 17 the -- kind of the crest of the debt service issue, so we 18 would be away from there, and -- 19 COMMISSIONER BALDWIN: This is painful, but I agree 20 with the Auditor. 21 JUDGE TINLEY: Okay. Okay. Anybody else have any 22 contrary thoughts about that? 23 COMMISSIONER OEHLER: Well, I had the same comment 24 Commissioner Baldwin made. 25 JUDGE TINLEY: Okay. 4-23-12 65 1 COMMISSIONER BALDWIN: It's even hard to say, isn't 2 it? 3 JUDGE TINLEY: Yeah. Yeah. 4 MS. HARGIS: Thank you. 5 JUDGE TINLEY: If you'll hang around a little bit, 6 I'm going to give them a big stick so they can beat up on you 7 a little bit; they'll feel better. 8 COMMISSIONER BALDWIN: She got her hair done for 9 today. 10 MS. HARGIS: Maybe my back will feel better. 11 JUDGE TINLEY: Okay. Okay, thank you. Now let's 12 go to Item 4; to consider, discuss, and take appropriate 13 action to approve the payment not to exceed $2,000 for 14 leveling of the floor of the Turtle Creek School building. 15 Now we're into the high finance, aren't we? 16 COMMISSIONER BALDWIN: This is big time stuff here, 17 buddy. 18 JUDGE TINLEY: Yeah. 19 COMMISSIONER BALDWIN: Gentlemen, as you know, the 20 Turtle Creek school house is Kerr County-owned property. 21 Recently, our Court authorized the replacement of the 22 flooring, and as we began that process, it was discovered a 23 corner of the room falls down maybe as much as 5 inches. And 24 there's a gentleman that should finish the leveling one day 25 this week. His bid was between -- he said, "I will do it 4-23-12 66 1 between $1,500 and $2,000." So, I'm asking you to authorize 2 up to $2,000 for the leveling of that. 3 COMMISSIONER LETZ: And this is the gentleman 4 that's doing the flooring? 5 COMMISSIONER BALDWIN: He's doing the leveling. 6 COMMISSIONER OVERBY: The leveling. 7 COMMISSIONER LETZ: Doing the leveling. 8 COMMISSIONER BALDWIN: Yeah, doing the leveling. 9 He's a leveler. The floorer is a different person, which I 10 don't know who yet. Got to get this done before we can -- 11 COMMISSIONER LETZ: Do the floor. 12 COMMISSIONER BALDWIN: I mean, it drops off like 13 this right here. 14 COMMISSIONER OEHLER: I lived in a house like that 15 once. 16 COMMISSIONER BALDWIN: Yeah. 17 COMMISSIONER OVERBY: He didn't know -- until he 18 got into the project, he didn't know that it was 5 inches 19 lower? 20 COMMISSIONER BALDWIN: That is correct. 21 JUDGE TINLEY: You're not planning on having any 22 marble games in there? 23 COMMISSIONER BALDWIN: No, sir. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER BALDWIN: Not like it is, but maybe -- 4-23-12 67 1 COMMISSIONER OEHLER: Maybe the difference between 2 1,500 and 2,000 is if he gets snakebit getting under there. 3 COMMISSIONER BALDWIN: Come on, guys. 4 COMMISSIONER LETZ: Do you have a motion? 5 COMMISSIONER BALDWIN: That was a motion. 6 COMMISSIONER LETZ: Second. 7 COMMISSIONER BALDWIN: That we not exceed $2,000. 8 COMMISSIONER OVERBY: I'll second it. 9 JUDGE TINLEY: Motion made and seconded for 10 approval of the agenda item. Question or discussion? All in 11 favor, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 COMMISSIONER BALDWIN: Thank you. 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion carries. Let's go to 17 Item 8; to consider, discuss, take appropriate action to 18 adopt Kerr County Safety Resolution dated April 23, 2012, and 19 have the same signed by County Judge and Commissioners Court. 20 Ms. Lantz? 21 MS. LANTZ: This resolution is basically to do with 22 our worker's comp, and we currently do have a safety policy 23 within our policy book. And Kerr County has been recognized 24 for a safe county again this year; we will be getting another 25 award. And part of that safety procedure that we're going to 4-23-12 68 1 have to start getting involved in is issuing a resolution 2 every year, so this is the first year we've ever done it. 3 So, this is basically saying we're going to continue to be a 4 safe county, and this resolution has all the commissioners 5 and the county officials, along with the Sheriff, saying 6 we're all going to be a safe county. 7 SHERIFF HIERHOLZER: Does have it the other elected 8 officials' signature spot? I didn't see that on the 9 resolution. 10 MS. LANTZ: No. 11 SHERIFF HIERHOLZER: Then how are we -- 12 MS. LANTZ: This is basically what TAC had given 13 us, because this is the first year they've ever done it, and 14 because Kerr County is going to be awarded possibly the next 15 level, which is the highest level, the gold star for our 16 safety within Kerr County, we're going to have to start doing 17 a resolution every year. 18 COMMISSIONER LETZ: I mean, I find it -- I have no 19 problem with this at all. This is -- I'm glad we're safe. I 20 just -- they list the county sheriff -- the county judge, 21 county sheriff, and county commissioners, and other county 22 officials. It's odd that they single out -- 23 SHERIFF HIERHOLZER: And then it says, "We, the 24 undersigned," you know, commissioners with the elected 25 officials, but where do the other ones sign? 4-23-12 69 1 MS. LANTZ: Well, this -- 2 JUDGE TINLEY: You don't. 3 COMMISSIONER LETZ: Sheriff doesn't sign it. 4 MS. LANTZ: This is what TAC had given us to use. 5 COMMISSIONER LETZ: I move approval of the 6 resolution as submitted. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval of the resolution. Questions or discussion? 10 COMMISSIONER BALDWIN: I do have a couple of 11 questions. The third whereas says "implementation of this 12 plan." 13 MS. LANTZ: Yes. 14 COMMISSIONER BALDWIN: Where's the plan? 15 MS. LANTZ: We currently have -- and that's the 16 plan that we have in place for the accident prevention plan, 17 and that currently is in place from previous years. 18 COMMISSIONER BALDWIN: Okay, very good. Thank you 19 very much. 20 COMMISSIONER OVERBY: Good deal. 21 JUDGE TINLEY: Other questions or discussion? All 22 in favor of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 4-23-12 70 1 JUDGE TINLEY: That motion does carry. 2 COMMISSIONER OEHLER: You get to be the liaison for 3 that, Buster. 4 COMMISSIONER BALDWIN: No, I don't. 5 JUDGE TINLEY: No. Actually, that's mine, I think, 6 as I recall. 7 COMMISSIONER BALDWIN: Yeah, there you go. 8 JUDGE TINLEY: Let's go to Item 9; to consider, 9 discuss, take appropriate action regarding Commissioners 10 Court approval of Policy 8.07 Seat Belt for Kerr County 11 policy handbook. 12 MS. LANTZ: And this is a policy we currently do 13 not have within our handbook. We do need this policy to go 14 with the resolution. So, basically, we're just asking the 15 Court to approve this seat belt policy for all Kerr County 16 employees that are utilizing all Kerr County vehicles. 17 COMMISSIONER BALDWIN: Now, the first thing that 18 popped in my mind when I saw that -- I mean, I don't have an 19 issue with it, other than it seemed like it would be easier 20 and cover more territory if you just say that we comply with 21 the state law -- state laws. Which is, you know, you got to 22 have insurance and you can't smoke dope -- 23 MS. LANTZ: We have that in our policy; however, it 24 was not sufficient enough for our safety. 25 COMMISSIONER BALDWIN: That's fine. That's fine. 4-23-12 71 1 That's foolishness, but that's fine. 2 JUDGE TINLEY: The seat belt policy, as I read it, 3 indicated something to the effect about all passengers, and I 4 know it used to be state law that some passengers were not 5 required to wear seat belts. 6 SHERIFF HIERHOLZER: Front seat were, back seat 7 weren't. I don't know if it's changed in that; I haven't 8 looked at it in a while. 9 JUDGE TINLEY: So, based upon that, it may go 10 beyond state law, actually. 11 SHERIFF HIERHOLZER: The only issue I have in 12 reading her policy, the Sheriff's Office, of course, we don't 13 go by the county policy; we already have one that does -- is 14 in effect, has been, that says all my officers will. One 15 part that is not in mine, and I'll have to have some 16 direction from the Court so that I can update mine a little 17 bit, is she also has employees that are in their personal 18 vehicle, but may be doing county business, that them and 19 their passengers are required to wear seat belts, even though 20 it's their own private vehicle. And state law is state law. 21 I think we're all going to adhere to state law, but I was 22 wondering how we really govern that. You know, if I have -- 23 my secretary runs paperwork over here to the courthouse, 24 which she does a lot, you know, she's going to abide by it; 25 there's not an issue there. But I'm just wondering, do we 4-23-12 72 1 really have the authority to require that her or her 2 passengers have a seat belt on in her personal vehicle? That 3 was the only part of that that I saw. I don't know -- I 4 don't have a problem; if you want me to add that to mine, I 5 will, if we can enforce it. 6 COMMISSIONER BALDWIN: I thought the state law 7 enforced it. 8 SHERIFF HIERHOLZER: Well, the state law does, but 9 policy -- 10 COMMISSIONER LETZ: The only question I have, and I 11 think it's in the first -- and that's really -- 12 MS. LANTZ: I gave it to Rob to review, so... 13 COMMISSIONER LETZ: I think it's with Road and 14 Bridge. What's -- and possibly Maintenance on vehicles. 15 What's the -- 16 MS. LANTZ: I did talk to Kelly and Leonard about 17 this, and they -- they're already adhering to this part, as 18 far as -- 19 COMMISSIONER LETZ: I figured they already were on 20 that, 'cause the way it talks about the rollover protection 21 structure. But, okay, just wanted to make sure. 22 MS. LANTZ: And one of the other things that was 23 requested within our office, when we do add employees to our 24 vehicle insurance, if any employee does use their personal 25 car for county business, we are supposed to ask for their 4-23-12 73 1 personal insurance to be on file with ours, and that just 2 protects the county as well. 3 SHERIFF HIERHOLZER: Well, does that person have 4 the authority to also have a county insurance card in their 5 vehicle to show when they are doing county business? Instead 6 of their personal insurance? I mean, that's the whole issue 7 of this, I would think, is going to get back to a lot of the 8 insurance. And if -- is the County's insurance going to 9 cover them? I know this has come up in the past. If they're 10 on county business and in a personal vehicle, is their 11 vehicle covered under the county insurance policy? 12 MR. HENNEKE: No. 13 SHERIFF HIERHOLZER: Then how can we force them to 14 have -- 15 MS. LANTZ: We're encouraging them to be safe. 16 This is all this is implying. 17 SHERIFF HIERHOLZER: But we're interfering -- we're 18 starting to tell them how they can act personally, and I have 19 an issue with that. 20 MS. HARGIS: Only when they're on company -- only 21 when they're on Kerr County business. 22 MR. TROLINGER: And for I.T., I've got to add -- 23 because for I.T., both of our I.T. specialists and myself do 24 use our personally-owned vehicles for all county business; 25 that, you know, I'd want to be included, if we need to, you 4-23-12 74 1 know, throw that insurance in there. I don't see any problem 2 with it. I'm all for it, the safety and having the guys 3 buckle up too, and I think it would be great. 4 SHERIFF HIERHOLZER: I'm all for it on encouraging 5 safety, but when a person -- how big is Big Brother going to 6 get on telling us what we can do in our personal vehicles? 7 COMMISSIONER LETZ: Where does it talk about using 8 your personal vehicle? 9 SHERIFF HIERHOLZER: The last paragraph. 10 JUDGE TINLEY: Last one. Very last one, 11 Applicability. There. 12 COMMISSIONER LETZ: Oh. 13 MR. HENNEKE: If you're going to drive around 14 without your seat belt, just don't do it while you're doing 15 county business. 16 COMMISSIONER OVERBY: That's right. 17 MS. LANTZ: Or let the Sheriff catch you. 18 SHERIFF HIERHOLZER: Or back seat. It's just one 19 of those -- 20 JUDGE TINLEY: Is there anything you don't have an 21 opinion on, Sheriff? 22 SHERIFF HIERHOLZER: Not a thing. I can promise 23 you, I'll have an opinion. 24 (Low-voice discussion off the record.) 25 SHERIFF HIERHOLZER: What was that, Commissioner? 4-23-12 75 1 COMMISSIONER OVERBY: Judge, I'll make a motion to 2 -- I'll make a motion to approve the Commissioners Court 3 approval, Policy 8.07, Seat Belts for Kerr County policy 4 handbook, and make that motion. 5 JUDGE TINLEY: I have a motion. Do I hear a 6 second? 7 COMMISSIONER BALDWIN: Second. 8 JUDGE TINLEY: Motion made and seconded. Question 9 or discussion on the motion? 10 COMMISSIONER OEHLER: Doesn't include my dog, does 11 it? 12 SHERIFF HIERHOLZER: It might. Is he a passenger? 13 COMMISSIONER BALDWIN: It's coming. 14 COMMISSIONER LETZ: Have to draw the line on that 15 one. 16 COMMISSIONER OEHLER: Going to mark that one out if 17 it ever gets in. 18 JUDGE TINLEY: All in favor of the motion, signify 19 by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion does carry. 24 MS. LANTZ: Thank you. 25 JUDGE TINLEY: Thank you, ma'am. How are you doing 4-23-12 76 1 there, Ms. Kathy? Let's go to Item 10; to consider, discuss, 2 take appropriate action supporting Kerr County proclamation 3 for Older Americans Month, that being May 2012. Commissioner 4 Overby? 5 COMMISSIONER OVERBY: Judge and Commissioners, our 6 Alamo Area Council of Governments and our region this month, 7 for the month of May, we are recognizing Older American Month 8 for the month of May 2012. 9 COMMISSIONER BALDWIN: That would be 60 and up. 10 COMMISSIONER OVERBY: Yeah. Well, we're -- we're 11 getting ready to read a little bit of that resolution right 12 now, Commissioner Baldwin, and how many people that actually 13 encompasses in Kerr County. But for the record, I would like 14 to -- to read the proclamation for Older Americans Month, May 15 2012, for Kerr County. 16 "Whereas Kerr County is home to 13,993 citizens age 17 60 and older" -- and there it is, Commissioner Baldwin. 18 "Whereas, Kerr County is committed to helping all individuals 19 maintain their health and independence in later life; and 20 whereas, the older adults in Kerr County have an important 21 role in sharing knowledge, wisdom, and understanding of the 22 history of our community through interactions with children, 23 youth, and adults from other generations; and whereas, the 24 fruits of knowledge and experience can be effectively 25 transferred from generation to generation through meaningful 4-23-12 77 1 social interactions; and whereas, their interactions with 2 family, friends, and neighbors across generations enrich the 3 lives of everyone involved; and whereas, our community can 4 provide opportunities to enrich citizens, young and old, by 5 emphasizing the value of including elders in public and 6 family life, creating opportunities for older Americans to 7 interact with people of different generations, and providing 8 services, technologies, and support systems that allow older 9 adults to participate in social activities in the community. 10 Now, therefore, let it be resolved that the Commissioners 11 Court of Kerr County, Texas does hereby proclaim the month of 12 May 2012 to be Older Americans Month. We urge every citizen 13 to take time this month to engage with older citizens through 14 enjoyable social interactions, such as sports, games, 15 contests, and other forms of play." Dated the 23rd of April. 16 And with that, I'd like to make a motion to approve 17 our proclamation for the month of May 2012 for Older -- Older 18 Americans Month of May. I'd also make that a motion; I do 19 have a comment after that. 20 COMMISSIONER BALDWIN: I'll second it, with a 21 comment as well. 22 JUDGE TINLEY: We have a motion and a second, with 23 comments to follow. 24 COMMISSIONER OVERBY: Go ahead. 25 JUDGE TINLEY: Question or discussion? 4-23-12 78 1 COMMISSIONER BALDWIN: My only point to make, when 2 we're talking about sharing knowledge, wisdom, and 3 understanding, -- 4 COMMISSIONER OVERBY: Right. 5 COMMISSIONER BALDWIN: -- you have to pay attention 6 to Pat. He's the only one here, I think, that's over 60. 7 And, I mean, that's what you're saying here. 8 COMMISSIONER OVERBY: 13,993 of them here, Judge -- 9 I mean Commissioner. 10 COMMISSIONER BALDWIN: So I'm now a judge? 11 COMMISSIONER OVERBY: No, commissioner -- well, 12 you're a fire chief. 13 COMMISSIONER BALDWIN: Yeah. 14 SHERIFF HIERHOLZER: Marshal. 15 COMMISSIONER OVERBY: Marshal. 16 COMMISSIONER BALDWIN: Fire marshal. Damn, I love 17 that. 18 JUDGE TINLEY: Acting fire marshal. 19 COMMISSIONER BALDWIN: Yeah. That was my only 20 comment, is that -- that, I mean, you're talking here about 21 honoring those folks, the elder -- over-60, and Pat is that 22 one. 23 JUDGE TINLEY: I appreciate that, Commissioner. 24 COMMISSIONER BALDWIN: You're quite welcome. 25 JUDGE TINLEY: I would urge you to be universal in 4-23-12 79 1 that show of respect, rather than just in this venue. In all 2 -- in all -- 3 COMMISSIONER BALDWIN: Oh, absolutely, especially 4 him. You know, us that's knocking on that door, we -- you 5 know, that's -- we're exempt from that. 6 COMMISSIONER OVERBY: Down the road. 7 COMMISSIONER BALDWIN: Yeah, down the road. 8 COMMISSIONER OVERBY: Judge, one other comment. 9 Kerr County actually will celebrate Older American Month in 10 Kerr County on Wednesday, May 23rd, at the Dietert Center, 11 and there will be a function right after the lunch engagement 12 that day recognizing Kerr County Older American Month. 13 COMMISSIONER BALDWIN: Is there a free meal? 14 COMMISSIONER OVERBY: You know what? 15 JUDGE TINLEY: Only for those that qualify. 16 COMMISSIONER OVERBY: If they're qualified. 17 (Laughter.) 18 JUDGE TINLEY: Any other questions or comments on 19 the motion? 20 COMMISSIONER OEHLER: I think there's one other 21 that qualifies under that designation. Not me. Buster's 22 five, six years older than I am. 23 COMMISSIONER BALDWIN: You realize that -- 24 COMMISSIONER OEHLER: Geezer status has been 25 established. 4-23-12 80 1 COMMISSIONER BALDWIN: You realize that Bruce and I 2 were runningbacks at Tivy High School, and now we look like 3 pulling guards. (Laughter.) 4 COMMISSIONER OEHLER: Tackles don't run as far. 5 JUDGE TINLEY: You were runningbacks, and now 6 you're mossbacks. 7 COMMISSIONER BALDWIN: Mossbacks, that's right. 8 JUDGE TINLEY: Any other questions or comments on 9 the motion? All in favor of the motion, signify by raising 10 your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. Let's go 15 ahead and take about a 15-minute recess. 16 (Recess taken from 10:37 a.m. to 10:46 a.m.) 17 - - - - - - - - - - 18 JUDGE TINLEY: Okay, let's come back to order, if 19 we might. Let's go to Item 11; to consider, discuss, take 20 appropriate action to approve a proclamation to declare May 21 3rd, 2012, National Day of Prayer. Commissioner Baldwin? 22 COMMISSIONER BALDWIN: Thank you. This is 23 basically it. I don't think that I want to read this entire 24 proclamation; it's the same thing that we do every year, and 25 we're simply declaring May the 3rd, 2012, to be National Day 4-23-12 81 1 of Prayer. And this is the 61st -- excuse me, 61st 2 anniversary of the annual observance of the National Day of 3 Prayer, and the theme this year is One Nation Under God. 4 So -- and with that, we will all meet out on the front of the 5 courthouse and read our proclamation and sign it together, et 6 cetera, et cetera. So, I move that we declare May 3rd, 2012 7 to be National Day of Prayer in Kerr County, Texas. 8 COMMISSIONER OVERBY: Second. 9 JUDGE TINLEY: Motion made and seconded as 10 indicated. Question or discussion? All in favor of the 11 motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. 16 COMMISSIONER BALDWIN: Thank you. 17 COMMISSIONER OVERBY: Let's go to Item 13; to 18 consider, discuss, take appropriate action on increasing the 19 daily per diem rate for employees to that of the state of 20 Texas standard rate or higher. Per diem rate schedule is 21 attached which shows what the majority of counties are paying 22 that use the per diem rate structure. Ms. Hargis? 23 MS. HARGIS: It's kind of come to my attention, 24 and, you know, all of -- all of us who do attend these 25 conferences, that the $36 a day per diem is pretty hard to 4-23-12 82 1 meet any more, depending on, you know, where you are. For 2 instance, at the -- I stayed in my R.V. to save money at the 3 last conference. The breakfast in that hotel was $20. And 4 it was where you can -- is that it bad? 5 COMMISSIONER LETZ: No, we -- our things -- our 6 spreadsheet won't turn; we can't turn them. 7 MS. HARGIS: Okay. We use -- 8 COMMISSIONER OEHLER: Is it sideways for a reason? 9 COMMISSIONER LETZ: Mr. I.T.? 10 (Mr. Trolinger motioned to turn laptop sideways.) 11 COMMISSIONER OEHLER: Don't you love him? 12 MS. HARGIS: You can move them horizontally. 13 JUDGE TINLEY: These are federal, are they not? 14 MS. HARGIS: This is federal and state. 15 JUDGE TINLEY: Uh-huh. 16 MS. HARGIS: We currently use the state rate for 17 our mileage, which is .555. I'm just saying, why don't we 18 use the state for our per diem? It would be going up $10 a 19 day, basically. That's the -- that's the -- as you can see, 20 most of the other counties are even higher than that. I'm 21 not advocating that, but I think at least $10 a day would 22 help. 23 JUDGE TINLEY: To 46 on a per diem? 24 MS. HARGIS: Mm-hmm. 25 JUDGE TINLEY: But other than that, our structure 4-23-12 83 1 would be state mileage rates, as computed. 2 MS. HARGIS: And then -- 3 JUDGE TINLEY: The hotel, actual cost with 4 furnished receipt. 5 MS. HARGIS: That's correct. 6 JUDGE TINLEY: And the per diem would be 46 a day. 7 MS. HARGIS: That's correct. 8 JUDGE TINLEY: So, really, the only change is the 9 per diem rate to be brought into line with what they've got 10 here, which is, in some cases, significantly below the per 11 diem rate, but you got some high cost-of-living areas, too. 12 COMMISSIONER BALDWIN: Well, you have counties 13 listed here that are four or five times as big as Kerr 14 County, and there's really not a comparison here at all, 15 except for wacko -- oh, no, that's Waco. Williamson County, 16 you know, that's three or four times as big as us. 17 MS. HARGIS: Williamson County is big. 18 COMMISSIONER BALDWIN: I don't have any problem 19 with it, just, you know, bringing it up to the county -- I 20 mean to the state level. Tell me -- I haven't traveled in a 21 while, and I can't remember. Can't remember how we do this. 22 Let's say that I need to -- that I'm going to go to a meeting 23 in Brownsville. I started to say South Padre Island, but 24 that draws these beautiful pictures of having too much fun. 25 Let's say I'm going to go to Brownsville, and are you going 4-23-12 84 1 to pay me per mile, or can I just take that -- can I take 2 that money and buy me an airplane ticket and travel by the 3 air, as opposed to my vehicle? 4 MS. HARGIS: We've accepted three types of travel. 5 You either take your personal vehicle and be reimbursed 6 mileage; you do the airline ticket, no mileage, except maybe 7 to the airport and back. And then -- 8 COMMISSIONER BALDWIN: And so you just pay flat for 9 the airline ticket? 10 MS. HARGIS: Pay the -- reimburse for the airline 11 ticket. 12 COMMISSIONER BALDWIN: Okay. This is something 13 new; I didn't know that. Okay. 14 MS. HARGIS: And then, you know, the third one is a 15 rental car, which we very rarely have. In some instances, 16 you know, it's coming pretty close to where, if you travel, 17 that the airline ticket is cheaper. For instance, the trip 18 that I just took to Grapevine, it would have probably been 19 cheaper to fly, but the rooms were more expensive than my 20 whole week cost me using my R.V. So, you know, most 21 everybody -- for instance, Clay was up there. Clay used a 22 different hotel. I think a lot -- most of our people try to 23 use -- it's best to use the hotel where the conference is, if 24 you can. But if it's cost prohibitive, I think we're all 25 moving around. And I don't think we're the only ones, you 4-23-12 85 1 know, that are moving around. The food situation is the part 2 that's a little hard. You know, like in Grapevine, that 3 Gaylord Hotel is located, you know, pretty far out from town, 4 plus they charge for parking. So we avoided that by me 5 getting dropped off. Clay avoided it by riding a bus, you 6 know. So there's -- you know, we all try to save money. But 7 there wasn't anyplace to eat but the hotel, because I didn't 8 have a vehicle. But, you know, I took my sandwich. But 9 whatever -- 10 SHERIFF HIERHOLZER: Clay also didn't pay for a 11 meal. 12 MS. HARGIS: No, Clay got a real good deal, 13 fortunately for Clay. But I wasn't invited for the -- to the 14 same stuff that Clay was invited to. We compared every day; 15 I didn't get the tickets he did. 16 SHERIFF HIERHOLZER: They wanted him there; they 17 better make it worth his while to be there. 18 MS. HARGIS: But that's a long distance. The 19 Galveston thing was another one that was really -- even when 20 I got back from that two years ago, I couldn't believe how 21 much that mileage was that I spent the gas money. But at the 22 same token, you know, that's why I've encouraged folks 23 that -- for instance, our J.P.'s go to this same school -- to 24 drive together. Perhaps they don't have to have the same 25 room together, but at least drive together in these 4-23-12 86 1 long-distance runs where we can, you know, have more than one 2 person in a car. It's companionship, anyway, you know, 3 rather than drive all the way down to Galveston by yourself. 4 Most of the time, we try to take these trips as local as we 5 can. I don't think we'll probably do the Tyler thing next 6 year, unless it's 100 percent free. It's in Boston, so I 7 doubt we'll go to that one. 8 COMMISSIONER BALDWIN: Is that down by Houston 9 somewhere? (Laughter.) 10 MS. HARGIS: Yeah. It's, like, a little -- little 11 northeast of Houston. So, that was a good conference. I was 12 very pleased with that one, but -- a little skeptical at 13 first, but I did learn quite a few shortcuts. There is some 14 new versions out there which are on the horizon, and John's 15 going to have to probably figure the cost into that, 'cause 16 they're going to only let us stay on a certain version for a 17 length of time. But I -- and I'm sure that Clay learned 18 things. There were 2,600 people there. It was huge. But 19 all of that aside, it's just, you know, become -- like, for 20 the Texas Association of County Auditors, they don't pay for 21 our food. We have one meal that one of the vendors pays for, 22 and we walk to the -- around the local area. And you can't 23 get lunch under -- you know, we -- it's pretty hard to get 24 lunch along these places that you can walk. We see 25 Pappadeaux across the way; we all wave at it and walk around, 4-23-12 87 1 so -- it's too expensive. Or we share. So, I mean, it's -- 2 the cost of meals have gone up. If you look, you know, our 3 own Mexican food restaurant went up, you know, first of this 4 year. They're pretty -- they've got their meals up too. So, 5 I think this would just help our people, because there's a 6 lot of people I have to give cash to; they don't have credit 7 cards. So, they get out on these trips, and they don't have 8 the money. Then they don't eat. 9 JUDGE TINLEY: So, the only thing you're proposing 10 today is that we increase our per diem limit to 46. All the 11 other travel -- 12 MS. HARGIS: The other travel things -- 13 JUDGE TINLEY: -- remain in place? 14 MS. HARGIS: Remain okay. I think that -- I think 15 everybody tries very diligently, when they have to go to 16 these seminars, to do the best they can, and the most 17 inexpensive way they can go. That, I think, is good. The 18 mileage, you know, I didn't get paid back for my vehicle, but 19 it sucks a lot of gasoline. But it was -- it was one way for 20 me to go that did not cost as much. So, I just think that we 21 need the extra $10 a day. 22 COMMISSIONER BALDWIN: Is 46 -- is that what the 23 State pays? 24 MS. HARGIS: Yes. 25 COMMISSIONER BALDWIN: Is that the state rate? 4-23-12 88 1 MS. HARGIS: Mm-hmm. 2 COMMISSIONER BALDWIN: And it was 44 for a while? 3 How long has the state been at 46? 4 MS. HARGIS: They've been at 46 probably a couple 5 of years, because a lot of those people go to the conferences 6 with me at the Texas societies, and they've been getting 46 7 for a couple years. They've also raised their room rate as 8 well, because the hotels have gone up to 109 to 110. I've 9 gotten creative and used my elderly status and gotten a 10 cheaper room than usually what they have for that. 11 COMMISSIONER BALDWIN: She's over 60. I get you. 12 MR. HENNEKE: Older American. 13 MS. HARGIS: Older American. 14 JUDGE TINLEY: Elderly. 15 MS. HARGIS: I feel like it after I've worked in 16 the yard over the weekend. 17 COMMISSIONER OEHLER: The form that you check 18 wherever you get the per diem is going to remain the same, 19 where you check the meals that you receive? 20 MS. HARGIS: Yes. 21 COMMISSIONER OEHLER: And not just get 46 a day and 22 not have -- eat a meal out? 23 MS. HARGIS: No, no, no, no. It will stay the 24 same, but we'll just proportion those where you have a couple 25 more dollars for breakfast, a couple more dollars for lunch, 4-23-12 89 1 and then the rest for dinner. No, no, no, they can only get 2 what they don't have. 3 COMMISSIONER OEHLER: Okay. Just making sure. 4 COMMISSIONER OVERBY: Jeannie, has the county -- 5 have we paid the standard rate over the years? This is just 6 a situation where they haven't kept up with that? 7 MS. HARGIS: We've been at $36 since I came here 8 five years ago. 9 COMMISSIONER OVERBY: Okay. 10 MS. HARGIS: So we've not gone up in five years. 11 So I'm -- I feel like, again, because so many of our people 12 have to go with cash, and it makes it hard on them. 13 JUDGE TINLEY: And the Sheriff has an opinion. 14 SHERIFF HIERHOLZER: Just clarification, kind of 15 along the line with what Bruce said. Every time we've ever 16 sent anybody, even though they -- they're governed by the max 17 of the per diem rates, okay, or whatever the County pays, 18 we've still made them get receipts for their meals and get -- 19 you know, those kind of things. And we only pay them exactly 20 what they spent in reimbursement, even if it's below the per 21 diem rate. The per diem rate is just the max that we've 22 allowed. Now, if you're just going to do a straight per diem 23 rate, it just makes things easier to -- 24 JUDGE TINLEY: We tried that for a while, Rusty, 25 and it was an accounting nightmare. You had -- 4-23-12 90 1 SHERIFF HIERHOLZER: It is. 2 JUDGE TINLEY: Sometimes there was more than one 3 person on the bill. Sometimes there were -- there were 4 alcoholic beverages on the bill. 5 SHERIFF HIERHOLZER: Right. 6 JUDGE TINLEY: And it got to be a real nightmare. 7 And the reason we went to per diem -- 8 COMMISSIONER LETZ: Long time ago. 9 JUDGE TINLEY: Yeah. 10 SHERIFF HIERHOLZER: I remember we did a long time 11 ago, but we still -- we've kind of used that in our 12 department as a max that they're going to get. But they're 13 still required to show us. 14 MS. HARGIS: That is the max, whether they have 15 their receipts or not. 16 SHERIFF HIERHOLZER: They're required to show us 17 the receipts, and if they actually spent 25 instead of 46 or 18 whatever, they only got reimbursed for the 25. 19 MS. HARGIS: The only thing about the per diem and 20 the actual expenses is, it's much easier for us, especially 21 if we're audited with I.R.S., because if we pay a per diem 22 and those folks don't bring in their exact tickets, then 23 we've got this problem going. And so, by and large, it's 24 much easier to deal with I.R.S. on a per diem basis. 25 COMMISSIONER LETZ: Is the per diem per meal? 4-23-12 91 1 MS. HARGIS: Per meal, but this is the maximum per 2 day, and it is per meal. And if you get a meal, you don't -- 3 you know, if that conference offers one meal, then you don't 4 -- don't check that -- check that box. Or if somebody takes 5 you out to eat, like we did that day. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER LETZ: I move approval -- 8 COMMISSIONER BALDWIN: Second. 9 COMMISSIONER LETZ: -- of the agenda item. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Question or discussion? All in favor, signify by 12 raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. 17 MR. HENNEKE: Judge, could I clarify on that? Is 18 the Court now tying the rate to the state rate, or is it just 19 setting a new dollar amount, and that's fixed? 20 COMMISSIONER LETZ: A new dollar amount that 21 happens to be the state rate. 22 JUDGE TINLEY: Yeah, the 46 daily per diem rate. 23 COMMISSIONER BALDWIN: You know, he's making -- 24 that's a great question, because I think in years past, that 25 we have tied at one point -- 4-23-12 92 1 COMMISSIONER LETZ: The mileage, we have. 2 MS. HARGIS: Mileage, not this. 3 COMMISSIONER BALDWIN: Maybe that's what it was. 4 JUDGE TINLEY: Okay. We're just tying to it state 5 rate, then. That was -- 6 COMMISSIONER LETZ: I was just making it $46, and 7 we're making that our decision based on the state rate, but 8 not tying it to the state rate. 9 JUDGE TINLEY: Okay. Okay, that's what I 10 understood. We went to 46, okay. Let's go to Item 14; to 11 consider, discuss, take appropriate action fill open position 12 in the Maintenance Department. 13 COMMISSIONER BALDWIN: No. 14 MR. BOLLIER: Thank you, Buster. Thank you, sir. 15 It's been -- it's been 10 months since this position has been 16 open -- or it's been open for 10 months. And it -- you know, 17 with all the new facilities, with the new facilities that's 18 been added to us, and -- and, you know, it seems like we're 19 doing a little more building these days. And with the new ag 20 -- with the new Ag Barn changes happening now, it's -- you 21 know, it's just like -- it's like quicksand; you know, the 22 harder you try to get out of it, the deeper you get. So, you 23 know, I wouldn't ask for this position to be filled if I 24 didn't think it was a necessity, but one man just can't run 25 that Ag Barn out there any more. And we're not getting any 4-23-12 93 1 community service workers. We haven't gotten community 2 service workers for the past several years now, just a very 3 few. You know, you can't count on them, and I don't know 4 what the problem is there. So, you know, I really need this 5 position to be filled. 6 COMMISSIONER LETZ: And, Tim, can you update me 7 on -- I know you're having some -- don't you have a 8 retirement coming up? 9 MR. BOLLIER: I have -- that's Mondo. He's 10 leaving. Y'all got me permission to hire -- he starts that 11 position July 1st, and Mondo was leaving September, I 12 believe. 13 COMMISSIONER BALDWIN: That's a custodial slot. 14 MR. BOLLIER: That's custodial. 15 COMMISSIONER LETZ: Custodial slot. 16 MR. BOLLIER: Yes, sir. 17 COMMISSIONER LETZ: I mean -- 18 JUDGE TINLEY: Those people are pretty stressed 19 too, because of -- 20 MR. BOLLIER: There's only three of those people. 21 JUDGE TINLEY: -- all the facilities. 22 MR. BOLLIER: Only three of those people. 23 COMMISSIONER BALDWIN: I tell you, when he talks 24 about his list of facilities that we have that he takes care 25 of, he never mentions the new fire station area. We just do 4-23-12 94 1 that when we can. And Upper Turtle Creek School, and -- 2 JUDGE TINLEY: Cemetery. 3 COMMISSIONER BALDWIN: -- cemetery and all that 4 kind of stuff. That's not even on our list to do. We just 5 -- when we see an opening, we run out there and do those 6 things. And he really is -- of course, if you can get him to 7 do anything, it might change it, but -- (Laughter.) 8 COMMISSIONER LETZ: I'll agree. I think that the 9 -- you know, on that point -- last point. 10 MR. BOLLIER: Thanks, Jonathan. 11 JUDGE TINLEY: The last point. 12 COMMISSIONER LETZ: No, the -- I mean, we have -- 13 we should have had someone else in this department for some 14 time, and we've really cut back and haven't let him replace 15 anybody in a long, long time, with budget considerations. 16 And we just have things we need to get done. I think that 17 it's -- we need to open -- or fill this position. It's 18 needed, in my mind. I'll make a motion to authorize 19 Maintenance to fill the vacant position they have. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded as 22 indicated. Further question or discussion on the motion? 23 COMMISSIONER OEHLER: Well, I would just kind of 24 reiterate, that crew has done a whole lot in helping get 25 things ready for demolition, and they're going to be involved 4-23-12 95 1 somewhat, I think, in part of that coming up in the very near 2 future. And I know that I've asked him to do a lot of things 3 that are not normally, and won't be normal later. But, you 4 know, during this building project, we're really going to 5 have a need to have them do things that are outside of what 6 they've been doing. 7 JUDGE TINLEY: Well, and, of course, as -- as the 8 capabilities of his people are -- are learned by other folks 9 here in the courthouse and elsewhere, why, he accrues more 10 special projects that fall outside of his regular duties. 11 COMMISSIONER OVERBY: We appreciate it, Tim. 12 JUDGE TINLEY: I think that -- 13 MR. BOLLIER: Thank you, Commissioner Overby. 14 COMMISSIONER OVERBY: You're welcome. 15 JUDGE TINLEY: I think that has kind of overloaded 16 his plate some too, in addition to all the other things that 17 he's got to do. So -- but he willingly takes those on and 18 tries to work them in and do what he can to get them 19 accomplished. And the overall effect is, it saves the 20 taxpayers a lot of money, because we're doing those projects 21 in-house. I got one going on downstairs now that they've 22 been involved in, and it's going to take a lot of work in the 23 future. But bottom line is, it's going to save a bunch of 24 money by -- by virtue of the -- of most of that being done 25 in-house. There's a couple of aspects we're going to have to 4-23-12 96 1 contract. 2 COMMISSIONER OEHLER: Kind of like Road and Bridge 3 is getting to be the low bidder on a lot of things. 4 JUDGE TINLEY: Yeah. Yeah. And we appreciate 5 that. Further question or discussion? All in favor, signify 6 by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. 11 MR. BOLLIER: Thank you very much. 12 JUDGE TINLEY: Let's go to Section 4 of the agenda, 13 payment of the bills. 14 COMMISSIONER BALDWIN: I move we pay the bills. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and seconded to pay the 17 bills. Question or discussion? Sheriff? On your 18 fingerprint ID system, do we get any reimbursement for that, 19 or is that all on our nickel? 20 SHERIFF HIERHOLZER: That's all a grant. 21 JUDGE TINLEY: That's what I thought. I saw 44,5 22 and I thought, gee, I sure would like to get some of that 23 back. 24 SHERIFF HIERHOLZER: The grant was, like, 47,000, 25 so we'll get every bit of that back. 4-23-12 97 1 MS. HARGIS: Yeah, it's a reimbursable grant. 2 JUDGE TINLEY: Good. Any other question or 3 discussion? 4 COMMISSIONER BALDWIN: Yes. Well, tell them. 5 COMMISSIONER OVERBY: The question was here -- I 6 had a question, Jeannie, on the -- what is the status right 7 now on our -- I guess our RFQ's on the consultant? I've seen 8 that we're making that payment on here for our consulting fee 9 on the insurance consultant. I mean, what's the status? 10 MS. HARGIS: I have no idea. 11 MR. HENNEKE: That's -- Commissioner Letz? The 12 question was the status of the RFP for the insurance 13 consultant. 14 COMMISSIONER OVERBY: Yeah, the -- 15 MR. HENNEKE: I think you're going to bring that 16 back at a later Commissioners Court? 17 COMMISSIONER LETZ: It's going to come back. We 18 met, and we're probably coming back either the first or 19 second meeting in May. 20 COMMISSIONER OVERBY: Okay. 21 COMMISSIONER LETZ: We've asked H.R. to do a little 22 bit more background work. 23 COMMISSIONER OVERBY: That's what -- I just wanted 24 to know when it was going to come back, okay. 25 JUDGE TINLEY: All right. 4-23-12 98 1 COMMISSIONER BALDWIN: Well, let me ask a question. 2 MS. HARGIS: Want me to hold this check? Or is 3 this for last year? 4 COMMISSIONER BALDWIN: What is the check for? 5 MS. LANTZ: The check is for that contract this 6 year. And we looked through the records, and this is paid 7 every year at the same time, so it's due. For -- 8 COMMISSIONER BALDWIN: Now, has this work already 9 been done, or is it for some -- some in the future for the 10 year? 11 MS. LANTZ: Through September of this year. 12 COMMISSIONER LETZ: He's under contract through 13 September, that's all. 14 MS. LANTZ: September of this year. That pays his 15 contract in full, what we owe him. 16 COMMISSIONER LETZ: Yeah. 17 COMMISSIONER OVERBY: This is for 2011-2012 year? 18 MS. HARGIS: It's 12 months. 19 COMMISSIONER OVERBY: That's good. 20 JUDGE TINLEY: Yeah, he generally delays seeking 21 payment for his work during the year. 22 COMMISSIONER OVERBY: Okay. 23 JUDGE TINLEY: Which is to our benefit, of course. 24 COMMISSIONER BALDWIN: We're -- this $19,000 pays 25 him through the end of this year? 4-23-12 99 1 JUDGE TINLEY: Through September 30. 2 COMMISSIONER BALDWIN: That is not going to do any 3 work for us at all? 4 COMMISSIONER LETZ: No, he's through September. 5 He's -- our letter canceling -- 6 COMMISSIONER BALDWIN: He will continue working for 7 us through September? 8 COMMISSIONER LETZ: Yes. 9 COMMISSIONER BALDWIN: Okay, I misunderstood. I 10 thought the letter I saw go out under your signature said 11 you're fired, immediately. 12 JUDGE TINLEY: No, no, no. That had to do with 13 renewal, that we would not renew. You know, because we're 14 going out for an RFQ/RFP -- 15 COMMISSIONER BALDWIN: Okay, I understand. 16 JUDGE TINLEY: -- on these -- some of these things. 17 But that'll all come into -- 18 COMMISSIONER BALDWIN: So that wasn't immediate 19 with him, then. Okay. Okay. 20 JUDGE TINLEY: No, it was a notice requirement that 21 was required, much like it is with the City when we have 22 six-month deals with them. 23 COMMISSIONER BALDWIN: Sure. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER BALDWIN: All right, thank you. 4-23-12 100 1 JUDGE TINLEY: Any other questions? All in favor 2 of the 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 carried. Budget amendments, 7 Items 1 through 5 as shown on the request summary. Questions 8 or discussion on those? 9 MR. HENNEKE: Gentlemen, this is the third year in 10 a row -- you'll recall the last two years, I hired Hunter 11 Moose as a summer -- temporary summer employee to assist with 12 additional clerical duties. Hunter did a great job the last 13 two years. In fact, last year when Mickey tendered his 14 resignation to go move upstairs, Hunter actually ran the Hot 15 Check collections program under the supervision of Wayne 16 during the six, eight weeks it took me to find a replacement. 17 So my proposal is, I would like to bring him back for this 18 last time. He graduates actually in the fall semester, so 19 he'll graduate from college this year. But he -- he does 20 great work. I've enjoyed having him. Everyone gets along 21 with him at the office. It would be the same rate as he's 22 been paid the last two years. This would transfer money from 23 one part of my budget to the other. But if there's any 24 objection or there's any concern, then I won't do that. But 25 I would ask that y'all consider to approve that transfer of 4-23-12 101 1 funds, and if you do, then I'll bring him back again. 2 COMMISSIONER BALDWIN: The only question I have 3 about it is, I'm all for that, but what I'm seeing you do 4 here is you're transferring enough money to carry through the 5 -- whatever the time frame is that he's going to be working 6 here? 7 MR. HENNEKE: Yes, sir. I checked with -- with 8 Dawn as to not just his hourly rate, but also the cost for 9 the withholding and Social Security, the taxes we have to 10 pay, and that sum is the total that they've advised me for 10 11 weeks at 40 hours a week. 12 COMMISSIONER OVERBY: And this is the second year? 13 MR. HENNEKE: Third year. 14 COMMISSIONER OVERBY: Third year. 15 COMMISSIONER BALDWIN: And so -- I have no problem 16 with that, but I'm wondering about these others that I'm 17 seeing here. The constable, as an example, is moving $5 from 18 postage to operating equipment, and then 100 from books to 19 operating equipment. Now, is that -- is that going to get 20 him through the month, or is this going to get him through 21 the time frame like he's done with his employee? 22 MS. HARGIS: No, I have no idea what he's going to 23 be spending. Part of it is that vehicle that he's got, and 24 as soon as we have sale of the -- he had to put a 25 transmission and some other things in that car. 4-23-12 102 1 COMMISSIONER BALDWIN: Okay. 2 MS. HARGIS: So, it's beginning to cost us some 3 money. 4 COMMISSIONER BALDWIN: That should be a one-time 5 deal. And the Law Library, is that -- that group insurance, 6 that's a fixed amount, isn't it? 7 MS. HARGIS: That's a fixed amount. That is for 8 the whole year. When we budgeted, we neglected to budget 9 the -- 10 COMMISSIONER BALDWIN: And the same thing with 11 Juvenile Detention, whatever it is. That $200 for capital 12 outlay, that will -- that'll carry on through the budget 13 year? 14 MS. HARGIS: I don't know what else they might ask 15 for right now. That's the only request I have. These are 16 department requests. 17 COMMISSIONER BALDWIN: Vehicles are breaking down? 18 Constable vehicles are breaking down? 19 MS. HARGIS: No, that's the old one that we have -- 20 that Precinct 4 has -- oh, this is Constable 2. Two. 21 COMMISSIONER BALDWIN: This is one of the new -- 22 new cars, or new to me. 23 COMMISSIONER LETZ: The Tahoes? 24 JUDGE TINLEY: Well, I don't know that it's 25 necessarily the -- 4-23-12 103 1 MS. HARGIS: Excuse me, I thought it was 2 Precinct 4. 3 JUDGE TINLEY: -- the vehicles. I saw vehicle 4 expense moved to operating equipment, which means flashlight 5 batteries and flashlights and vests, and all that sort of 6 stuff. I don't know what -- he was here a little bit ago, 7 and now he's gone again. 8 MR. HENNEKE: There's no invoice submitted with it? 9 MS. HARGIS: This is just a budget amendment to put 10 the budget in compliance. No, he did actually need a new 11 battery. He was stuck the other day in here. 12 JUDGE TINLEY: That will handle the $5. 13 COMMISSIONER OVERBY: It's on sale. 14 JUDGE TINLEY: I don't think he needs $100 worth of 15 flashlight batteries, do you? 16 COMMISSIONER BALDWIN: If he came to me and said, 17 "Okay, I need some new batteries for my whatever," I would 18 ask him -- the first question that comes to my mind would be, 19 "Will this last you for the whole year?" Or is this -- we 20 going to do this every month? 21 COMMISSIONER OVERBY: Mm-hmm. 22 COMMISSIONER BALDWIN: See, that's all I'm getting 23 at, is -- 24 COMMISSIONER OEHLER: Maybe they're rechargeable. 25 JUDGE TINLEY: Or maybe he needs a new flashlight. 4-23-12 104 1 Maybe the modern-day Arthur Schmidt. 2 COMMISSIONER OVERBY: We'll talk about that next 3 week. We'll talk about this next week. 4 COMMISSIONER BALDWIN: Okay. 5 SHERIFF HIERHOLZER: Those are rechargeable lights. 6 Those batteries stick so close -- 7 MS. HARGIS: Why don't you let me ask him what 8 these particular items are, and I'll bring it back. I think 9 that will be easier. 10 COMMISSIONER BALDWIN: I move that we approve all 11 of this stuff. 12 COMMISSIONER OVERBY: Second. 13 COMMISSIONER BALDWIN: I just -- you know, seems 14 like to me you try to get through the -- get through the 15 year, as opposed to going month-to-month. 16 JUDGE TINLEY: I have a motion to approve the 17 budget amendment requests as shown on the summary, Items 1 18 through 5. 19 COMMISSIONER OVERBY: I'll second that. 20 JUDGE TINLEY: I have a second to that motion. Do 21 you have any question or discussion on the motion? All in 22 favor of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 4-23-12 105 1 JUDGE TINLEY: The motion does carry. Do we have 2 any late bills? 3 (Ms. Hargis shook her head.) 4 JUDGE TINLEY: I've been presented with monthly 5 reports from the Kerr County Treasurer for March 2012, Kerr 6 County payroll for March 2012, District Clerk for March -- I 7 assume that's 2012. J.P. 1 for March, again assuming 2012. 8 J.P. 2 for March, again assuming 2012. Constable, Precinct 9 3, for March, I assume 2012. Road and Bridge for February, 10 and I'm assuming that's 2012. And J.P. 4 for March, again 11 assuming 2012. Do I hear a motion that the indicated reports 12 be approved as presented? 13 COMMISSIONER BALDWIN: So moved. 14 COMMISSIONER OVERBY: Second. 15 JUDGE TINLEY: Motion made and seconded that the 16 indicated reports be approved as presented. Question or 17 discussion? All in favor of the motion, signify by raising 18 your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion does carry. Reports from 23 Commissioners in connection with their liaison or other 24 assignments? Commissioner Baldwin? 25 COMMISSIONER BALDWIN: I don't have anything to 4-23-12 106 1 report today. But my feelings are a little bit hurt. 2 JUDGE TINLEY: Commissioner Overby? 3 COMMISSIONER OVERBY: Wednesday, I'll be attending 4 an AACOG meeting all day on Wednesday in San Antonio, so 5 that'll be on this week. That's it. 6 JUDGE TINLEY: Commissioner Letz? 7 COMMISSIONER LETZ: I want to make a comment to set 8 it up with Commissioner 4 here. It seems that we're at the 9 -- as we're proceeding at the Ag Barn, we're piecemealing a 10 lot of it. I understand we're controlling the numbers, but, 11 like, there's a new proposal out there which is going to 12 probably, you know, require an additional meeting next week 13 of doing the soil testing, and it seems to me that we need to 14 consider looking at more -- the money, we need to have it, or 15 we're getting ready to borrow the money, and every time we 16 spend $4,000 for soil testing, it doesn't make sense to me 17 that we hold up the project to get a vote of the Court. 18 COMMISSIONER BALDWIN: I agree. 19 COMMISSIONER LETZ: That's my comment. Now, 20 Commissioner 4? 21 COMMISSIONER OEHLER: I agree. Somehow, we got to 22 get through the process of -- of -- you know, if we're going 23 to have our -- the final plans should be finished -- I 24 believe Peter's deadline is May 6th. Once we have those 25 done, I think we need to have a meeting, even if it has to be 4-23-12 107 1 right after that, maybe prior to our first meeting in May, to 2 get the ball rolling on this thing and authorize some things 3 to be done, maybe authorize to go to bid at a certain time. 4 We need to authorize these kinds of issues that are part of 5 the project be approved to a certain level or something, so 6 it can move forward without having to have so many meetings 7 or talk about it more than necessary. You got this -- I made 8 a copy of this proposal today of what the soil test is going 9 to cost. And I don't have -- haven't gotten an answer from 10 Peter yet. I just got this Friday; I didn't have time to get 11 it on the agenda for today. And -- 12 COMMISSIONER BALDWIN: So, once you get the 13 blueprint and be able to see the goals -- 14 COMMISSIONER OEHLER: Yeah. 15 COMMISSIONER BALDWIN: -- out there and put a time 16 frame to them, we'll see y'all at the other end. 17 COMMISSIONER LETZ: It's things like tearing it 18 down, working out with the recycling company -- there's 19 things that are being done where either Bruce or are I are 20 dealing with some of these things; they're part of the 21 project to get there. And I'm not sure how we do it exactly, 22 but there's just -- it seems ridiculous for us to have to 23 come back and slow things up when we really need to move 24 forward as fast as we can. 25 MR. HENNEKE: If you're going to spend money or 4-23-12 108 1 dispose of county property, you've got to do it a certain 2 way. 3 COMMISSIONER LETZ: Right. 4 MR. HENNEKE: There's just no way around that. 5 COMMISSIONER LETZ: I'm wondering if there's a way 6 we can fashion it with a little bit of approval -- doing 7 things up to a dollar amount, possibly. I mean -- 8 COMMISSIONER OEHLER: Well, there may be some new 9 developments, too. We may need to have another meeting on 10 Monday, if it's okay with the rest of you, to approve this -- 11 this contract for the soil testing, and it may be some other 12 things that could be done when it comes to what we're going 13 to do with the materials from that building out there. You 14 know, we are going to -- we're going to allow somebody to 15 take them down. I guess we're going to have to declare it 16 surplus. If we -- if Road and Bridge Department does it, you 17 know, we're going to take all the materials to recycle. But 18 I think this week, before the deadline to post a 72-hour 19 notice prior to a meeting, we'll have some of those answers. 20 And -- 21 COMMISSIONER OVERBY: Then are you proposing, 22 Commissioner -- like, May 7th is a Monday. We don't meet 23 again until the 14th, regular Commissioners Court. Are you 24 suggesting May 7th? 25 COMMISSIONER OEHLER: Well, I'm suggesting this 4-23-12 109 1 coming Monday. 2 COMMISSIONER LETZ: April -- 3 MR. HENNEKE: 30th. 4 COMMISSIONER OVERBY: So, next Monday? 5 COMMISSIONER OEHLER: Next Monday, if necessary. 6 Just kind of saying, this might be a notice just in case we 7 have to -- at least three of us would have to be here. And 8 then also, I'll find out more from Peter, when for sure he's 9 going to have those so that we can have a meeting as soon 10 thereafter as possible. 11 COMMISSIONER OVERBY: Okay. 12 COMMISSIONER OEHLER: To approve that, and maybe 13 authorize going out for bid. 14 COMMISSIONER LETZ: As an example, another thing -- 15 I mean, Bruce is handling part of it, I'm doing part. The 16 recycling side of it, we've talked to them, and this is -- 17 this by itself will be a huge savings. They're going to 18 bring a roll-off dumpster and put it at the Ag Barn so we 19 don't have to haul the stuff to the recycle place, so that 20 right there -- but there's some other things that we're 21 looking at, you know, how we proceed. And maybe we can try 22 to roll as much it of it up into a next Monday meeting. 23 COMMISSIONER OEHLER: But if that meets with 24 everybody's approval, I'd like to request a meeting for 25 Monday. And -- 4-23-12 110 1 COMMISSIONER LETZ: We can cancel if we need to. 2 COMMISSIONER OEHLER: -- I can also, you know, 3 prior to posting it, say, on Thursday, if it's needed, I'll 4 let you know, and if not... 5 JUDGE TINLEY: Be good -- I've got a probate 6 hearing at 10:30, so that would be good for 9 o'clock, for 7 example. 8 COMMISSIONER LETZ: Yeah, should be short. 9 COMMISSIONER OVERBY: That's good. 10 COMMISSIONER OEHLER: So, that's my request. 11 JUDGE TINLEY: Okay. Okay. 12 COMMISSIONER OEHLER: But it won't be until I get 13 this nailed down, so just so everybody's aware of what's 14 going on. I like to keep everybody in the loop. 15 JUDGE TINLEY: Okay. Is that it? 16 COMMISSIONER OEHLER: That's it. 17 JUDGE TINLEY: Okay. Reports from elected 18 officials and department heads? 19 MS. LANTZ: I would just like to give an update on 20 our Sonic Boom, the Healthy County program. I received a 21 letter from TAC, and currently there's over 3,000 County 22 employees participating in our healthy program. And 23 currently, since the date of Friday, April the 13th, that all 24 of these participants have walked more than 75,000 miles, 25 which is like walking across Texas 93 times. So -- 4-23-12 111 1 COMMISSIONER BALDWIN: What if you're waltzing? 2 Can you waltz across Texas? 3 JUDGE TINLEY: Ernest Tubb says you can. 4 COMMISSIONER BALDWIN: Absolutely. 5 MS. LANTZ: Currently, we do have top leaders here 6 in Kerr County. For March, the top three were Thomas Prout 7 with 275,000, Tim Bollier with 227,000, and Carol Twiss with 8 142,000. And currently our leader board as of April is Tim 9 Bollier at 326,000, Carol Twiss at 301, and Geraldine 10 Rodriguez at 279. So, we have a lot of employees walking, 11 and they are up in the 200,000 and 100,000 mile markers. 12 So -- 13 COMMISSIONER OEHLER: Miles or steps? 14 MS. LANTZ: Strikes -- steps, sorry. Not miles. 15 COMMISSIONER LETZ: I was going to say... 16 COMMISSIONER OVERBY: If it's miles, I can't see 17 Tim any more. 18 MS. LANTZ: So -- and an average of 1.7 miles, 19 everybody is walking. So -- which is a lot. A lot more 20 active than they were. 21 JUDGE TINLEY: Okay, thank you. 22 MR. HENNEKE: Just briefly, last Friday the County 23 Attorney's office hosted a law enforcement prosecutor 24 training put on by the Texas District and County Attorney's 25 Association. We had over 50 area law enforcement and 4-23-12 112 1 prosecutors participate, including from the Sheriff's Office. 2 Sheriff, thank you for sending your officers. But it was a 3 good -- good training that was well received, and -- and just 4 a good thing for law enforcement. 5 SHERIFF HIERHOLZER: Like, courtroom demeanor and 6 that. 7 MR. HENNEKE: How to testify in court. Which, for 8 officers, it's really a skill set. You have some officers -- 9 for example, Rowan Zachary testified in that murder trial a 10 couple weeks ago. He's been an officer for 25 years. That's 11 the second time he's ever testified in court. So, for many 12 officers that are on the street all the time, they're making 13 cases, but when they get to court, they don't know what to 14 do, and this was aimed at helping them work with prosecutors 15 and putting on the cases. 16 COMMISSIONER BALDWIN: I got to tell you, my 17 service on the grand jury last year, seeing police officers 18 come in and tell their story, you could really -- as an 19 example, the D.P.S. guys, super professional, letter of the 20 law, letter -- everything. But you could see that training 21 was the issue, of them being trained in how -- some kind of 22 stumbled around with it, and some just super professional 23 with the thing. And it's all training, absolutely. It's 24 kind of neat to see that. That's one thing that really stuck 25 in my mind. 4-23-12 113 1 JUDGE TINLEY: Okay, anything else? We'll be in 2 recess until 1:30 this afternoon, at which time we will take 3 up Item 5, the order authorizing the issuance of sale and 4 delivery of up to 6,000 -- or excuse me, $6,500,000 in 5 aggregate principal amount of Kerr County, Texas Certificates 6 of Obligation, Series 2012, and matters incident thereto. 7 We'll be in recess until 1:30. 8 (Recess taken from 11:30 a.m. to 1:34 p.m.) 9 - - - - - - - - - - 10 JUDGE TINLEY: Okay. Let's come back to order, if 11 we might, from our recess. With respect to Item Number 5, 12 let me go ahead and call that item again. An order 13 authorizing the issuance, sale, and delivery of up to 14 $6,500,000 in aggregate principal amount of Kerr County, 15 Texas Certificates of Obligation, Series 2012, securing the 16 payment thereof by authorizing the levy of an annual ad 17 valorem tax and a pledge of certain surplus revenues of the 18 county's parks systems, and approving and authorizing the 19 execution of a Paying Agent/Registrar Agreement, Purchase 20 Contract, an Official Statement, and all other instruments 21 and procedures related thereto. Ms. Hargis has provided us 22 with information regarding the sale of the certificates of 23 deposit. 24 The amount -- the par maturity amount sold was 25 $5,680,000. There was a premium paid on those obligations of 4-23-12 114 1 $363,975.85, which is a significant premium on a total 2 amount. Total proceeds will be $6,058,949.18. The -- the 3 receipt of those funds will be as detailed in the -- in the 4 report. Project's $5,718,500. The accrued interest is just 5 under 15,000. Cost of issuance and underwriter's discount, 6 $121,806.40. We have capitalized interest of 200,000, and 7 then a rounding amount to reach the amount of the par value, 8 and to accommodate for the premium paid of $203,669.45, which 9 then equals the par amount plus accrued interest and the 10 premium of $6,058,949.18. The -- the pricing and 11 amortization schedule is as set forth on Page 2. On Page 6, 12 the yield, indicated the effective yield with indicated 13 present value as of May 17th, 2012, which is the anticipated 14 delivery date, is 2.1442676 percent. I'd say that's a pretty 15 competitive -- pretty competitive sale. As I say, 16 delivery -- anticipated delivery date is May 17. There's 17 some other data. Page 9 indicates a call provision, call 18 date being February the 15th, 2021 at par, 100 percent. Any 19 questions or comments? 20 COMMISSIONER LETZ: I like the interest rate. 21 COMMISSIONER OVERBY: It's fabulous. It's a good 22 rate. 23 JUDGE TINLEY: Do I hear a motion to approve the 24 order and the issuance of the issuance, sale, and delivery of 25 up to $6,500,000, the actual sale being for par amount of 4-23-12 115 1 $5,680,000 of Kerr County, Texas Certificates of Obligation, 2 Series 2012, and securing the payment of those certificates 3 by authorizing levy of annual ad valorem tax and a pledge of 4 certain surplus revenues of the county's parks system, and 5 also approving and authorizing the execution of the Paying 6 Agent/Registrar Agreement, a Purchase Contract, Official 7 Statement, and other instruments and procedures related 8 thereto? 9 COMMISSIONER BALDWIN: Judge, may I ask my 10 nitpicking question? 11 JUDGE TINLEY: Yes, sir, you may. 12 COMMISSIONER BALDWIN: Thank you. I have two or 13 three in that group of words that you just read. 14 JUDGE TINLEY: Okay. 15 COMMISSIONER BALDWIN: Authorizing the levy of an 16 annual ad valorem tax. 'Splain to me what that means 17 exactly. 18 JUDGE TINLEY: That says to me that those are 19 general obligation certificates by which the County is 20 obliged to levy an ad valorem tax on taxable property within 21 the county to repay those certificates. 22 COMMISSIONER BALDWIN: That -- 23 JUDGE TINLEY: I'm going to keep my bond counsel 24 handy here. If I -- if I misspeak, he's going to wave his 25 arms and correct me. 4-23-12 116 1 COMMISSIONER BALDWIN: I didn't realize he was 2 here. I'm eating his dinner tonight, so I better be kind of 3 nice about this. 4 JUDGE TINLEY: Yeah. 5 COMMISSIONER BALDWIN: And pledge of certain -- we 6 don't know what "certain" means exactly, but pledge of 7 certain surplus revenues of the county's parks system. What 8 might that mean? 9 JUDGE TINLEY: I'm going to defer to Mr. Spurgeon 10 on that one. That's got a little wrinkle to it. 11 MR. SPURGEON: It is, and here's what's going on. 12 The Certificate of Obligation Act literally was an act back 13 in 1971, and it's a -- it's something that's used very 14 frequently by cities and counties to issue tax-supported 15 debt. The Judge was explaining in terms of being able to 16 levy a tax. Normally -- so many times, that's done through a 17 bond election, but you can also issue C.O.'s without the 18 election as long as you go through the notice procedures, 19 which you did. There's a provision in that statute, though, 20 that first of all says certificates of obligation, but the 21 normal way you deliver them is you deliver them to vendors 22 and to contractors as work progresses, which is a very 23 cumbersome, antiquated -- 24 COMMISSIONER BALDWIN: I bet. 25 MR. SPURGEON: I saw it a couple times when I first 4-23-12 117 1 started practicing a little over 30 years ago, and it's a 2 real pain in the neck. There's a provision in the statute 3 that says if you levy -- or if you pledge a revenue stream 4 for which the issuer has the authority to pledge for other 5 indebtedness, then you can sell them for cash. Which -- and 6 so you are selling these for cash. So, you will get it in 7 your bank account; you can use it just as you would any kind 8 of regular bond proceeds. So, counties are different than 9 cities. Cities have lots of -- of revenue streams. It's 10 very common for us to pledge a -- what we call a surplus 11 revenue pledge of, like, a water and sewer system and all. 12 The counties are -- you don't have a lot of other revenue 13 sources other than your ad valorem taxes, but you do have 14 some park revenues. You have some revenues that are 15 generated from your facilities that are part of your -- part 16 of your parks. And so what you're doing here is, literally, 17 you are attaching a pledge to your park revenues, but you're 18 really only doing it for the purpose of being able to sell 19 the C.O.'s for cash. 20 COMMISSIONER BALDWIN: It's just words. 21 MR. SPURGEON: Commissioner, it really is. It's -- 22 it is an antiquated -- actually, it's one of those things I'm 23 a little surprised someone hasn't gone to the Legislature and 24 said, "Why don't we clean this up and no longer do this?" 25 'Cause it's kind of a -- it's sort of unnecessary. But 4-23-12 118 1 that's exactly what's going on. 2 COMMISSIONER BALDWIN: And it didn't make sense to 3 me. And then the final question, Paying Agent/Registrar. 4 Who is that person? 5 MR. SPURGEON: Wells Fargo Bank. 6 COMMISSIONER BALDWIN: Okay. 7 MR. SPURGEON: Wells Fargo. They've been -- I 8 believe they were and still are your paying agent for your 9 tax notes. I believe that's the case. 10 MS. HARGIS: It is. 11 MR. SPURGEON: And they will -- they're the ones 12 that you will send the money to them; they will forward it on 13 to the bondholder. 14 COMMISSIONER BALDWIN: Okay. Can I still come to 15 your place tonight? 16 MR. SPURGEON: Absolutely, sir. 17 COMMISSIONER BALDWIN: Thank you. 18 MR. SPURGEON: You bet. 19 JUDGE TINLEY: I couldn't hear the magic word. 20 COMMISSIONER BALDWIN: "Please." 21 JUDGE TINLEY: Yeah. Any other questions? 22 COMMISSIONER LETZ: Move approval. 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: We have a motion and a second for 25 approval as indicated. Any further question or discussion on 4-23-12 119 1 the motion? Anything you wish to insert at this point in 2 order to make sure that all the I's are dotted and T's are 3 crossed? 4 MR. SPURGEON: No, Judge. I think -- I'm sorry for 5 being a little late, and I appreciate y'all going ahead and 6 taking the item up. Dusty's behind me by about 10 minutes, 7 so he'll be certainly surprised, and -- but also glad that 8 you've gone forward. 9 COMMISSIONER LETZ: We can wait. 10 MR. SPURGEON: Pardon? 11 COMMISSIONER LETZ: We can wait. 12 COMMISSIONER BALDWIN: There's the chance of 13 getting in an argument, though. 14 JUDGE TINLEY: In 15 minutes, I've got some cases I 15 got to start hearing. 16 MR. SPURGEON: All right, that's fine. 17 JUDGE TINLEY: Any other question or comments? All 18 in favor of that motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: Motion does carry. Anything else to 23 come before the Court at this time? We're adjourned. 24 (Commissioners Court adjourned at 1:45 p.m.) 25 - - - - - - - - - - 4-23-12 120 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 25th day of April, 2012. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4-23-12